30 Years On
Incarcerated 30 years for a crime he didn't commit
Why hasn't the Michael Whiteley case drawn the media attention it truly deserves?
Michael Whiteley was tried and convicted of kidnapping and rape in 1991. Sentenced to 12 years fixed to life on count 1 and 12 years fixed to 25 on count 2 on little more than his ex wife Silvia Canido's testimony. With no physical evidence presented and key eye witnesses never called. Mike was not even allowed to take the stand and tell his side of the story. These facts and many others leave even the most casual observer stunned. Michael is continuing to reach out to any who will listen. He wasn't given the death penalty, but it looks like that's what it will be if he doesn't get help.
One of the conversations I had with Michael Whiteley before his last parole hearing was that he would move to another state. We'd set him up in a tiny one bedroom house far from Idaho. He would wake up in the morning fix some coffee and breakfast and enjoy the sunrise. Everyone has to have a dream. Michael's dream of release from prison after 30 years came to a screeching halt when the parole commission denied yet again his release. I keep saying to myself, how much more does he need to pay? Especially frustrating is the the fact he didn't commit the crimes for which he was convicted. Can you imagine waking up and starting every day, not to the smell of coffee or bacon, but to the stench of a place you shouldn't be?
Let's go back to the beginning. Six quick points that sum up the whole thing. There are many other pieces to the puzzle, but there is an underlying darkness that put an innocent man away for life.
The Cart Before The Horse
CPO Invalid
Police Corruption
The Bonneville County civil protection order 39833 used to arrest Michael was not valid at the time of the arrest. It was issued November 8th 1990 and to automatically terminate February 6th 1990 at 11:59 PM. Michael was arrested on January 16th 1991, almost a year after the CPO had expired. In testimony by Fuhriman he claimed there was no way he could have arrested Whiteley if the Civil Protection Order was not in effect. Another charge had to be brought to keep Michael in jail. How about kidnapping and rape?
The arresting officer had a role to play as well. The now infamous Jared Fuhriman seemed to be setting the stage for Chris Tapp. Wrongfully convicted, Tapp spent 20 years in prison for the murder of Angie Dodge. Recently released with an 1 1 million dollar settlement from the state of Idaho. Fuhriman used the same tactics several years earlier to twist the truth to try and get Michael Whiteley to confess to a crime he didn't commit. Fuhriman forged Mike's signature several times on statements called "voluntary" that Michael refused to sign, then lied about the forgery in a pre-trial hearing.
The Mormon Church has a part in the story. We'll see that Jared Fuhriman was a Bishop in the Church and instructed Silvia Canido to lie about a rape and kidnapping charge against Michael or she would be excommunicated.
Outside Influence
2 Recant Letters
Judge Instructions
The jury was in deliberation on a Friday night. The decision only took two hours.Was it the coming weekend that dominated their thoughts or was it the prompting of Judge Smith that reasonable doubt could be overcome by "an inner feeling that directs your understanding." Mormon doctrine points to this inner feeling as the working of the Holy Spirit. Could this be another spirit?
Eye Witnesses
In 1999 Silvia Canido wrote two recant letters in which she admitted she lied about the accusations against Michael Whiteley. She points to her mother and Jared Fuhriman as being the ones who forced her to lie. Her mother told her that she would have her children taken away. Silvia even told of leverage used by officer Rick Hansen of the Idaho Falls Police Department to kidnap and rape her in the back of a police car.
There were two separate occasions where people saw Canido in or around Cedar City Utah. One witness said she was unaccompanied by Michael Whiteley while she claimed she was kidnapped. Clearly a lie by Canido and her mother. The motel where they were staying was three blocks from the Cedar City Police Department. The police never received a call from Canido. This was verified by an inquiry to the police department regarding January 15th and 16th 1991. Sharon Webb in records replied that there was "no record or name listing for Silvia M. Canido." If a kidnapping was taking place wouldn't a person call 911 or go to the police station or contact the nearest person? None of those took place because it was all a fabrication. The second eye witnesses was introduced to Silvia Canido by Michael while getting gas. Why would Whiteley communicate with anyone if she was being held against her will?
