Letter written by Michael McCarty to Judge Jerome Nadler while awaiting sentencing for violation of probation on case C9677234. Transcribed from the original which was written with pencil on white paper:

25 February '98

To the Most Honorable Judge Jerome S. Nadler,

I pray that I may speak to you concerning the charges against me. My name is Michael McCarty, and the charges against me concern a violation of probation. I will again be in your courtrroom on 3 March. As you know I am presently at the Elmwood Facility and I apologise for the type of paper I am using, for it is all that is available to me. To assist you in your decision, I would like to give you my side of the story:

In full respect of the restraining order against me, I have not made any contact with the "victim" Jessica L. Lloyd-Rogers. As you will see by the evidence, I have never sent any e-mail messages to the victim, no phone calls, nor have I intended to come anywhere near her. As per my admission to the investigators of my case, I stated that Jessica got onto a county bus that I was riding -- I said nothing, she said nothing , and nothing happened. The incident was completely innocent. However, my decision to bring up the incident during my questions, has now, and is being used against me. The only reason why I was in San Jose was that I purchased a new bike that day. Normally, I hardly if ever come into San Jose. I am not sorry that I was the first to bring up the incident, but I am sorry that a perfectly innocent incident is being used against me now. I again waived my rights so that I could speak openly with the investigators -- as I wished and still wish to do. As an ex-employee of the City of Palo Alto Police Department/Animal Services Division, I continue to think of law enforcement people as being of noble character. I am sadly disappointed that the innocent bus incident is being used against me now.

As you will notice, I have never sent any e-mail to the victim. Rather, in a public forum my articles were intended to explain and counter the attacks against me. I have utilised the internet since 1989 and sadly my criminal record, etc, has been plastered publicly for years upon years. As you know, the false charge that was brought against me in 1995/6 (harassing phone call) was dropped because I proved that it was impossible for me to have done what was alleged against me. The same "victim", using the false phone accusation was able to get a restraining order against me. The perfect frame-job against me ensued, after my criminal record had been made available to many publicly. In fact I tried unsucessfully to sue an individual who has even created a (WWW) web page that contains my criminal record, private information, and heinous twisted lies and 1/2 truths. Small claims court deemed my case frivilous -- sadly. I have tried your honor to redeem my name and public image, in self defense. Over and over in internet news groups they have made fun of my criminal record -- along with my inability to stop them from slandering me publicly (small claims court - libel, slander ) My only way of elevating my public image (Good Name) has been to tell the truth publicly. Since I used to be a radio broadcaster, my lack of employment in broadcasting is due to the lies that for years has been placed in broadcasting newsgroups.

Your honor, nowhere in my probation order does is state that I cannot discuss public record, nor my case. For I am aware that no gag-order is in existence concerning me. I have only tried to defend my public image,

Might I mention that at no time have I written to the "victim" nor have I made contact with her -- as per the orders -- the restraining order/probation order.

Your Honor, I truly feel that I have not violated either. The reason why I pleaded 'no contest'/'guilty' is that I hoped and still do hope, that you will see how tired I am of the jail and how I truly wish to get back to my life, as I was before being locked up. Wtihout litigation I want to get it over with. My job situation and life is so easily shattered, as it is now. My last jail sentence was so traumatic to me your Honor and unfortunately this present hardship is almost too much to handle. If only I had known about the warrant on me. Please Judge Nadler, have some pity on one who wishes to abide by the limits expressed in the restraining order/probation order. If only I could be given a second chance with clear limitations defined/redefined.

I'm so sorry Judge Nadler, please I ask for your forgiveness and pray that you can understand my unique situation.

I in no way wanted to come back to jail -- I really feel that I was not violating the 'orders'.

Please Judge Naler, if only I could be given a second chance -- I promise with all my heart that I will comply with your instructions.

With all respects --- Thank you! For your time in reading this. See you on Tuesday --- (Lord God I pray!)

Michael McCarty