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January 7, 2007

Brother Fox,

I started my newest post-conviction relief motion. Because the test performed by Mr. Lentini was acquired in June of '06, I only have one year to submit this new evidence, or all will be for nought. Federal law allows only one year from the time that, due diligence, new evidence should have been discovered. But I have been exercising due diligence and will argue impediment due to incarceration. Since Federal requires that new evidence first be presented to the state courts, the one year is tolled while a state remedy is pending. Anyway, this newest filing will be quite lengthy, perhaps 30~40 pages, so I hope to finish in a couple of weeks. I'll be sure you get a copy.

Please tell Haruko and any other supporters "Hi" and many thanks. I'm going to put together a letter to Tatsuhiro. Hopefully, he's adjusting and not giving up the fight. Sometimes guys who adjust to prison life become resigned to their fate and lose the will to fight.

Let's keep up the fight.

One Love,

Mark