Troy Anthony Foster
This letter has not been edited. Some of the language is sexually explicit.
I also eliminated certain identifying information of Michelle Anne
Bowens for liability reasons.
My name is Troy Anthony Foster and I am a thirty three year old black male. I come to you in dire need of your stern
legal assistance. I have been falsely accused and unjustly convicted of sexual assault on Michelle Anne Bowens, a thirty
three year old Caucasian female (thirty one years of age at the time of the false allegations against me).
I feel, being that I am a black male, indigent at the time that I turned myself in for the alleged crime, I didn't stand a
Chance against the legal system, nor the ineffectiveness of my court appointed lawyer. I was also dismissed on my
appeal brief, only two months after being submitted to the Nevada Supreme Court. I have learned that a timeline of
having a direct appeal brief answered in only two months is unheard of for the Appellate Court process.
It is without a doubt that race played a major factor in my case. I was forced to continue with a court appointed attorney,
who never investigated my case. The attorney had to be ordered by the judge to interview me at the jail, after I tried to
have him dismissed on January 16, 1998. Also, during the course of my trial I wanted to take the witness stand in my
own defense, but was threatened by my attorney not to do so. He told me he would not represent me to the fullest if I
took the stand. My side of the story was never told.
On December 7, 1997 I met a female at a Reno, Nevada nightclub. She invited me to come sit with her and introduced
herself to me as Michelle. From the moment that I sat down beside her she started rubbing and touching my arm, leg,
and chest area. At one point I had to remove her hand from my genital area. Michelle was in the company of her
friend, named, Megan.
Megan was conversing with a young man that accompanied me to the club. My friend's name is G (aka, Gerald). G
and Megan were seated on the left of Michelle and I was seated to her right.
Within five minutes of meeting this woman, she stuck her tongue in my ear, as I leaned over to speak with G. I was mind
blown by this, as I did not expect that type of aggressive action from someone I just met in such a short time. I got up and
told Michelle goodbye and I went inside the club leaving her behind in the lobby area. (All of this is on video and
was presented to the jury at trial).
She later came inside the nightclub and was on the dance floor dancing very provocatively with some guy. After that
she disappeared for a long time and when I saw her again it was almost closing time for the club. G and I were leaving
and once we got outside, Michelle and Megan came out behind us. Megan and G started talking and he invited the
ladies to have a drink with us at the El Dorado Casino. On our way to the Casino we had to stop for a train. While we
were waiting, Michelle came up to me and started kissing me and put her hand down my pants. Her hand was cold so
I pulled it out fast.
We continued on to the casino and once we got inside Michelle went directly to the restroom. G and Megan sat at one
table and I sat at the one next to them in order of giving them privacy in their conversation. When Michelle returned she
and I went to get everyone a drink. When we returned Michelle climbed on top of me while I was sitting down and
straddled me. We started kissing and putting hickeys on each other. She was wearing a leather coat that blocked us
from being seen. Then she took my hand and placed it under her shirt. I put hickeys on her breasts right there in the
While Michelle and I were making out she went inside my pants pocket and pulled out a gold Monteblanc fountain pen.
I became upset because I thought she was disrespectfully going in my pockets. I checked the cap on the pen to make
sure it was secured tightly and when I removed the cap Michelle must have mistaken the gold cap for a bullet. (She
stated to the police that I had a pen with a bullet in it). Although it was never alleged that I used this pen against her she
did say that I told her that it could be for her.
After Michelle apologized for going in my pocket we resumed making out. She then said, "I want to fuck the hell out of
you; I want to have sex, go to sleep, and wake up and fuck you again." She then invited me to go home with her to
Carson City, Nevada (thirty minutes outside of Reno) to have sex with her. I told her that I didn't have any problem with
that but my friend G lived on the other side of town and if I'd have to take him home I'd be staying on that side of town.
She told me that G could come out to her home also. I asked G if he wanted to go to Carson City and he agreed that
would be fine with him.
Megan then said that she did not want G and I to come out to their house. I asked why not and she explained that she
doesn't allow strangers to come to her home because she has children there. (I said something sarcastic to her, but I
respected her wishes). Megan then left us to go to the restroom. When she walked away, Michelle said, "the hell with
that, it's my house too and I want you there." I told Michelle that she would have to invite G and take that up with her
friend, Megan. Michelle then asked G if he still wanted to go to Carson City and he said, "yes." When Megan returned,
G asked her if we were still going to Carson City. Megan said, "I told y'all before, you're not coming to my house." G
said to her that Michelle had just invited us out there. Michelle confirmed to Megan that she had in fact, invited us to
We got up and headed for the cars. The cars were a block away from the casino and mine was parked on the street
outside of a parking garage. Megan's car was parked inside of the garage. G said he was going to ride with the girls
and he asked me not to leave yet because he wanted to get a cassette tape out of the car I was driving. As I Walked
toward the car I noticed Michelle following me. I asked her where was she going and she said she was riding with me.
I got in the car and unlocked the door for her to get in. I started the car to warm it up and I was leaning forward close
to the steering wheel because it was cold. That is when Michelle placed her hand on my shoulder and leaned me back
toward the seat, unzipped my pants and performed oral sex on me.
About five minutes later, G came up to the window to get the cassette tape and saw what was going on. He said
something quirky and went back to Megan's car. (Michelle never mentioned that the oral sex happened outside of the
parking garage, which is the only time it ever happened).
As we headed on to Carson City, Michelle was touching and feeling all over me while I was driving the car. I was
being distracted while driving. I told her I was going to crash if she kept on diverting my attention. She told me to pull
over somewhere so we could "fuck in the car." I told her the car was too small for both of us and that Carson City was
only thirty minutes away. She said that her children might be awake when we get there, and won't allow us any privacy.
I told Michelle again that the car was too small, but that we could try it. While I looked for a place to park, Michelle
had removed her shoes and put them behind my seat on the floor. She then removed her shirt and overalls and was
completely disrobed (except for her bra). The only thing I removed from her was her bra when she asked me to unhook
it for her. (In her police report, she stated that I took off her shirt. In her follow up report she said that she took off her
own shirt). After I got undressed and put on a condom, I showed Michelle that there was a handle on the side of the seat
to make it recline. When she reclined the seat we started having sex. During intercourse, Michelle said that I turned her
over and had anal sex with her. Being that Michelle and I are both very large people, it is almost impossible to have turned
her over and have anal sex, because the car was so small. (A Suzuki Swift). It's too small.
With the help of an evidence expert, I could prove that she placed her legs over my shoulders. (the car is still being held by
the State). After we were done having sex I removed the condom put it on the floor of the car and climbed back into the
driver seat to get dressed. Michelle got out of the car to put her clothes on. When I went to get the condom to throw it
out, it was gone. I was frantically searching for it because the car did not belong to me. I never found it and I just assumed
that it must have fallen out of the car when Michelle got out to dress.
(Michelle took the condom). As we continued on to Carson City, Michelle noticed a marijuana joint in the ashtray and
asked if she could "hit" it. I told her to go ahead. I never had any clue that anything was wrong at all. We held hands on
the way to Carson City and talked.
When we got to Carson City we stopped at a Burger King. I pulled up to a phone booth (approximately 40 feet from
the Burger King) in the parking lot. Michelle got out of the car to call Megan and let her know that we were on our way.
I went to use the restroom and to order something to eat. I was in the restaurant for approximately fifteen to twenty
minutes. When I came out Michelle told me that G wanted to speak with me on the phone. G asked me to get him
something to eat and I asked Michelle if she wanted anything and she said, "no." I went back inside the Burger King and
was in there for another five to ten minutes.
When I returned to the car, Michelle was sitting inside of it (and I never had any clue that anything was wrong with her).
She never tried to call the police, nor did she ever try to runaway while I was inside the Burger King. (She alleged
sexual assault, but never tried to runaway, while I was inside the restaurant). When I got back inside the vehicle,
Michelle gave me directions to her home. When we arrived at her home, Michelle said she was going to take a shower.
I sat down to eat and talk with Michelle's oldest son, and my friend, G. Michelle came back downstairs and introduced
her children to me. They told me that she'd come back downstairs when she was finished showering.
After approximately two hours, G and I decided to head back to Reno. I asked Megan to tell Michelle that we were
about to leave and I wanted to say goodbye before leaving. When Michelle came downstairs, I gave her a kiss on the
cheek and told her that I would call her.
On the following Monday, I had a meeting with some guys pertaining to the music business in Tahoe, California. Being
that I had to go through Carson City, and Michelle had mentioned that she was new to Nevada I thought I could show
her and her children Lake Tahoe. When I called Michelle, she was not home so I left a number for her to contact me.
At that very moment Michelle was filing a police report against me for sexual assault.
I also didn't find out until after the trial that Michelle had consumed a wine cooler and four double shots of Tangueray Gin.
She was (is) on Paxil and Buspar medications. She contradicted her story and did not remember a lot of things that
happened that night. (Her reason for fabricating this story is unclear to me other than the fact that she was heavily
intoxicated and on the Paxil and Buspar medications. I believe that she was embarrassed by her actions in the presence
of her friend Megan).
Michelle was the sexual aggressor who took control of the situation in a provocative manner throughout the whole night.
I have never forced anyone in my life to do anything physically or mentally against their will, this includes Michelle Bowens.
I have been in trouble with the law before, but never for anything like this. Until this case, I've only had one conviction for
a felony possession of marijuana in 1990, and a misdemeanor.
I'm now serving three consecutive life sentences with a minimum of ten years to be served on each sentence. I was
acquitted of kidnapping and one of the sexual assault charges. I was originally charged with four counts of sexual assault.
I am now asking for your help in looking into this case and possibly investigating it properly for me. I have been violated
and precluded from my due process rights in multiple ways.
Also, please note the following, I had approximately sixteen character witnesses willing to testify on my behalf at trial
and my attorney refused to put any of them on the stand. There was never any DNA samples taken from me for
the evidentiary purposes of this case. Interestingly, though, I am being charged for DNA testing. The only evidence
presented against me was Michelle's testimony, my side of the story was never told.
I had only consumed six ounces of beer and was in no way impaired. Michelle had consumed so much alcohol and
was also taking the medications. There should have been a psychological evaluation of her before she was permitted
to take the stand and testify. (This goes to the ineffective assistance by my attorney).
Finally, I submit that I have been married twice in my life. I was married to my first wife for four years and married to
second wife for eight years. I have never engaged in the act of anal sex with my former wives or any other female. This
is simply not my character (and it would have been impossible in that small car).
Thank you in advance for your consideration. Please feel free to contact me should you require any additional
Respectfully, Troy Anthony Foster #58629
Ely, NV 89301
Police case No. 280359-97
District Court Case No. CR98-0120
Supreme Court Case No. 32872
Pertaining to the missing condom; It was found. Michelle took it from the floor of the car and turned in to the police.
It was admitted into evidence and mentioned in court, but never used as evidence against me. In fact, nothing but her
testimony was used against me. Michelle said that the condom was found hanging from her rectum, but that's
impossible because I took it off myself and placed it on the floor of the car. If it had come off by itself I would not tried
to find it, I would have felt it come off while having sex.
I also don't believe that I had anal intercourse with Michelle. I believe that Nurse Miller and the District Attorney
fabricated the examination findings because Dr. Brauns findings are contradictory to Nurse Millers. I believe that Michelle
was used as a decoy to set me up. I just can't prove it. Michelle was using that medication and that mixed with alcohol
and her mind went out of control.
I'm waiting to see if the court is going to grant me an evidentiary hearing.
My outside contact is:
7480 State Coach Rd.
Dublin, CA 94568
(925) 225-1677 (home)
(925) 963-1836 (cell phone)