Michael Alig's Appeal shot down
I have not seen the paperwork, but Michael had let me know that his appeal was denied. It all comes down to Michael not saying enough at the Hearing! He (and most inmates) know that the more you argue the more time you could receive as punishment. It's just not logical like we out here would think!
He has researched submitting his last hope, which is called an "Article 78" which if he won would wipe the whole thing off of his record so he could get out this year! He has been told this may not work for him, but I am still encouraging him to do it. The problem though it requires a Lawyer and a $300.00 filing fee, which somehow I will try to raise (unless he's free.) That's a hard task when Michael doesn't want anyone to ask for money for him!
I just believe he has a chance since it will take place with a Lawyer in an outside Court! It won't be decided by the Prison, but by a Judge, so to me that's a chance! I have contacted a real Lawyer reccomended by a friend of Michael's, and am waiting to see if he'll take it on.
He has researched submitting his last hope, which is called an "Article 78" which if he won would wipe the whole thing off of his record so he could get out this year! He has been told this may not work for him, but I am still encouraging him to do it. The problem though it requires a Lawyer and a $300.00 filing fee, which somehow I will try to raise (unless he's free.) That's a hard task when Michael doesn't want anyone to ask for money for him!
I just believe he has a chance since it will take place with a Lawyer in an outside Court! It won't be decided by the Prison, but by a Judge, so to me that's a chance! I have contacted a real Lawyer reccomended by a friend of Michael's, and am waiting to see if he'll take it on.
Posted by Lovepurple at 5/23/2011 1:13 AM 
Categories: Michael Alig Lawyer info, Michael Alig updates, Michael Alig Appeal
Tags: michael alig lawyer Michael Alig article 78 michael alig appeal
Categories: Michael Alig Lawyer info, Michael Alig updates, Michael Alig Appeal
Tags: michael alig lawyer Michael Alig article 78 michael alig appeal
Is Michael eligible to get the filing fee waived under NY CPLR 1101?
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I think for this no.
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Poor Michael hopefully he stays strong!
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I am amazed how strong he is! In the beginning of going to the Hole it's always very stressful, but once he's used to it he copes better. He's been through it enough, and his mind is used to dealing with prison.
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I'm also a very social person so I can't even imagine being isolated from contact like that!!!!! I wish I could be there to see the look on his face when he leaves prison for life and has a chance to live again without fear and prejudice. I cant imagine why anyone would want to be mean to someone as accepting as Michael.
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You learn to adapt, for him he needs to keep his mind busy. That's why I go all out asking people to send books and magazines, as it's to keep him sane. Visits help the most, but he is so far from NYC it's hard for people to visit, as it requires an overnight stay or risking falling asleep at the wheel! I hope when he leaves Southport and is closer to NYC his old friends will start to visit again. So far he's had one person from NYC, one from Fl. and coming soon, someone from across the Country!
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Is Michael going to live with you if he ever gets out?
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no, not with me, I don't live in NY anymore so he can't. He has had other plans for a while.
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michael will never win that case with a judge.Just put it in your mind that he'll hopefully get out in 2012.anymore screw ups and he'll be doing the full 20 years. omg
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He could win, but he may be out before he even gets a response!
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I will absolutely help him out with the filing fee. Will I have to send a money order separately from my letter? The mailroom there has such crazy rules, I just want to make sure that it gets to him.
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He's not 100% if he'll file yet, so if you send money make sure it's ok if he doesn't use it for that if he doesn't file. You can send a MO with a letter. Don't send it with books and/or magazines.
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LP I know Mike would never ask for money but I am also more than willing to contribute to help towards Him and I haven't been talking for long but I believer that nothing in this situation was his fault. I know that in prisons other inmates get jealous that someone is near to being released and they will do anything to stop it out of pure jealousy.
If he does decide to file against it let us know so we can help.
And thank you so much for all the updates
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Thank you for offering, as you're right, he won't ask for money. Some people from Canada offered to pay the filing fee, so it's nice to know Michael has this support! It's not like he can get a job!
He may not do the Article 78, as he learned it takes 8 to 12 months for a decision, and he hopes to be out by then.
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I hope he is rite and is out by then but if he does decide to do the article 78 please let us know as i also am more than willing to pay the fee. i write michael often and want to thank you for this blog as i love to keep up on what is going on with him between letters.
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He has decided to do it, and someone did offer to pay the fee, then Michael just told me that they want to send the money to the Lawyer, not him, so I'm not sure if it's been sent yet. Time is ticking though!
I'm glad you like the Blog, but when he's out of phone contact (like right now) I must admit it's very boring!
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Just FYI, according to Michael's most recent letter to me he has decided not to file the article 78 after all.
Also, on an unrelated topic, if anyone knows Keoki please let him know that Michael would like to get in touch with him but doesn't have a current mailing address. I sent him a message on Facebook but since he has thousands of FB friends and I don't know him particularly well I have no idea if he actually got it.
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Yes, he's about 99.9% that he won't do the article 78. Maybe if everyone sends Keoki the same message he'll read it!
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I know this is a response to an older post but if you still need Keoki's info I can get it.. He just DJ'd at a friends festival 2 weeks ago.. Let me know.
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Doesn't surprise me. But you have to keep trying. They can't keep him past 2012 so mike has the upperhand. They can only try to control him for a little while longer. He did 14 he can handle another 1. hang in there michael. we love you
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Michael can only stay in prison past 2012 if he ever got into trouble. Lets hope he doesn't do anything silly.i'd be sad if he messed up? Does his mom ever visit here anymore?
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Michael will stay there the whole 20 years if he doesn't get his Good Time back! That probably won't happen, but there's many inmates in there that will do their best to keep Michael there by getting him in trouble, like they just did.
Michael's mom does read and has commented on this blog.
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Who told you they can't keep michael past 2012? I remember many years ago that michael was sentenced up to 20 years. If he does anything wrong he could be kept past 2012. It does happen. He's already had a few problems. One more infraction can add more time. Hopefully not.
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Hey,
Does he need help with the article 78? I can find information and send it over A.S.A.P. I am NOT a lawyer but I am a paralegal and may be able to find and send some useful information.
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He got a lot of info from the Law Library. You could write to him and offer, as he may need certain things explained to him as it's very complicated. Thank you for offering!
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I don't think he's going to file an Article 78. He said he found out it can take up to a year to get a result and even then it might not be in his favor. Plus, the whole process can cost upwards of $2400 with filing fees and lawyer fees. He said he'd rather spend that money on music and tv shows, haha.
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Yes you're right, but I think he's still at 99.8% no. He always goes back and forth with decisions. With his good time, he should be able to leave prison around 6 months after leaving Southport if all goes well. He loves to dream about buying things, but most of what he wants now he can't have it in prison! He reminds me of me when I was a kid and looked through the Sears Catalog picking out what I wanted for the Holiday!
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Does he need any help with information on the forms? I am NOT a lawyer but I am a paralegal who almost has her associate's degree in pre-law. I am not able to send legal advice but I am able to provide information and resources. I can send articles, previous cases, etc. I know books only help so much and some internet pieces may help.
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Thanks for the offer, but if he does it he'll have a Lawyer do it. It's very complicated and stressful and the Law Library at Southport thinks he won't win.
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I don't understand why he is still in there! When the other guy got out already. Hopefully he just keeps to himself. Keeps quiet. So he can get out. i cant believe hes in the 14 yrs?? WOW... I wish him good luck in getting out soon.
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He may still be in there because someone in Albany doesn't like him. He screwed himself by getting into trouble, but most people in prison get into trouble, especially in the beginning. I guess that's why they have "Good Time" and Good Time Hearings to give inmates their time back because they are now behaving. Good Time is an incentive, and I believe a Power Trip for the Staff that are able to take it away and give it back at whim.
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FREEZE got out early due to the fact that he couldn't get into trouble because his meals were given to him in his cell,he never left his prison cell and he had his own cell almost the whole time in there. You can't get into trouble if you're always by yourself. Freeze was in a more protective unit. If Michael had the luxury like Freeze did he would've been out in 2005.Freeze still has kept to himself since he's been out.No one has seen him around anywhere. I heard he's even turned down interviews for money. That's kinda odd. Unless he knows he's gonna make money from Michael being released.Freeze was a nobody before he met Michael anyway.
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All I know, and it's just from a few people, is that he stayed out of trouble while in prison, kept a very low profile, and he didn't make Parole the first time. He got out quietly, and remains that way.
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The New York State Dept of Corrections has a website and you can look up Michael Alig or any other inmate :
http://tinyurl.com/c3mae
The info on the prison site should clear up a lot of the speculation and misinformation that appears on this blog. For example, you can see that his next parole hearing isn't until July 2012 (so I'm not really sure what the above comment "he could be out in 8 to 12 months" is based on; July 2012 is a year away). You can also see that his Conditional Release Date is November 2013. If you take the time to look up the definition of terms like "Conditional Release Date" (you can do this on the site) it becomes pretty obvious that it's very likely he'll be imprisoned until his Maximum Release Date, November 2016. Also (I just have to add this) there are some really funny comments on this blog but I think the Unintentionally Hilarious Award goes to Mary for "Freeze was a nobody before he met Michael." Yes, and now....he's a somebody.....
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You could also write to Michael to ask when he's eligible to get out. He will still be able to get out before that CR Date. After he's released from Southport, he must do a mandatory 6 month drug program (even though he tested negative for using drugs) and after that's over he can see the CR committee again, and he will have enough Good Time to be released. I know what is on the website, but the only real dates there are the Parole dates.
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for many years i was in contact with freeze. then shortly b 4 the first parole hearing, he stopped writing. my guess is, it was 1 of the requirements from the parole board, that he stop having anything to do with anyone in the ALIG family.
as far as i know, freeze was not in PC and did not have his meals in his cell. he and michael always went to the cafeteria together. it is also not true that freeze never got in trouble. there were several # 3 tier tickets that he received. (worst kind) it was just not brought to the publics attention where as ANYTHING michael did, was immediately picked up by the media.
p.s. i read the blog just not comment all the time.
xo mom a.
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i love the way you always stand by your son you remind me exactly of how my dad is with me. i write to michael often and look forward to every letter he sends me. i hope he is out soon and home where he belongs.
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I assume this is for is mom, Elke, so she can answer you herself when she comes on to read the blog!
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hello rabidwolf23
what a kind thing to say about me. the truth is, i could not be any different then to stand by my son's side, protect him the best i can, try to be positive, write him and let him know he s loved.
right now is a bad time for michael and i worry but keep on reassuring him that things will get better. south-port is a terrible place and he is there for no reason at all. YES, WHEN AN INMATE Gets CLOSE TO GETTING OUT, OTHER INMATES WILL TRY TO SABOTAGE HIM AND Get HIM IN TROUBLE. that's what happened to michael. he really does need visitors right now.
be blessed all of you!
mom a.
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