F*ing nuts American Bar Association is incapable of SCOTUS assigned reponsibilities

Glenn Ford Exonerated After Spending 30 YEARS On Louisiana Death Row – Published on Mar 14, 2014

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Prosecutor: I was ‘arrogant, judgmental, narcissistic’ in capital prosecution of now-exonerated man

“As a young 33-year-old prosecutor,” Stroud wrote, “I was not capable of making a decision that could have led to the killing of another human being. …

“I end with the hope that providence will have more mercy for me than I showed Glenn Ford. But, I am also sobered by the realization that I certainly am not deserving of it.”

Ford is currently undergoing chemotherapy for lung cancer.

via Prosecutor: I was ‘arrogant, judgmental, narcissistic’ in capital prosecution of now-exonerated man.

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33-year-old doctors do not attempt to excuse their mistakes or outright malpractice by stating their age and reflecting on their state of mind. It just wouldn’t fly.

The linked article is authored by the American Bar Association, which has been assigned law enforcement responsibilities by the U.S. Supreme Court in assorted rulings, making the ABA is responsible for the conduct of public attorneys. The ruinously reckless boatload of bad case law was confirmed definitively and recently (2011) in Connick v Thompson. Prosecutors and their supervisors maintain ABSOLUTE IMMUNITY FOR MISCONDUCT, and answer to no one but no one except the ABA. Ruth Bader Ginsburg would have had it otherwise, and authored the dissent in Connick. Had Ginsburg prevailed, prosecutors and their supervisors – nationwide – would be racing to rescue those they knew they threw under the bus and wrongly convicted.

Were the ABA in any way ethical, their having law enforcement responsibilities might not be an insurmountable problem. But the ABA is in no way ethical. If they were, they sure the hell wouldn’t have published this whiny, ridiculous article.

At 33, I was no longer healthy enough to work in hospitals. I was learning to recommend materials handling equipment in Detroit at a company that I would begin to lead at age 36. I employed men in their 20’s capable of understanding that it was anything but hand grenades and horseshoes work, close was never good enough … it was get it right the first time, or someone would lose a finger, or a limb, or their life. We had plenty of competitors, but I didn’t look at specifying equipment as a win or lose proposition, nor would I have let my employees. That – frankly – would have been f*cking nuts.

The American Bar Association lets prosecutors and their supervisors remain f*cking nuts, focused only on winning: they let public attorneys put already-discredited witnesses on the stand; they let them put coached informants on the stand with a history of lying for “walks;” they let them present junk science as sound science; they let them intimidate witnesses into changing their original statements … a “War and Peace” length list of other devious tricks can be added, but it wouldn’t change what it all boils down to – the ABA lets prosecutors and their supervisors get away with murder. Then they spin those murders into “mistakes,” within the pages of their various Journals.

Had Glenn Ford not have been falsely convicted, it is very likely his lung cancer would have been diagnosed much earlier, if he’d gotten cancer at all – prison air is notoriously filthy. If Ford dies, the ABA will have killed him, just as they’ve killed thousands of innocents before him … they’ve had their ever-abused immunities from prosecution since the 1970’s.

My work in specifying industrial equipment also involved cutting to the chase. It was not unusual for warehouse managers, purchasers, executives, and/or owners to expect me or my employees to have answers to streamlining their operations, increasing inventory turns, achieving OSHA compliance, reducing worker injuries, realizing energy savings, etc., within minutes of walking in the door.

There is a way to cut to the chase in getting the American Bar Association out of their Keystone Kop role of pretending to hold prosecutors and their supervisors accountable: RETROACTIVELY VOID THE ABA’s INCOME TAX EXEMPTION for the fraudulent claim that they equally protect the public and their members.

Please sign and share the petition that asks the IRS Oversight Board to do just that. If the petition is successful, the publicity will likely have a snowball effect, forcing legislators to void civil immunities, and making taxpayers realize that only malicious attorneys should be responsible for exoneration compensation as well as the costs of false imprisonment: when doctors commit malpractice, they (or their insurers) pick up the tab, not taxpayers; if I or any of my employees had screwed up and caused a accident or injury via improper specification of industrial equipment, my company – not taxpayers – would have been on the hook. Thank you.

http://petitions.moveon.org/sign/irs-oversight-board-bust

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@onetoughnerd pardoned connected drunk driver instead of innocent kid

Snyder uses pardon for connected lawyer

“He’s got half of his car in the oncoming left turn lane,” Judge Kimberly Small said after watching the dash-cam video. “This isn’t even a close case.”

Gocha pleaded guilty to driving while impaired and was sentenced to six days in jail. He continued to challenge the stop in higher courts. By spring 2011, he had lost at every turn. His next step: pursue the pardon.

via Snyder uses pardon for connected lawyer.

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Reading an AP article that isn’t ridiculously defensive of right wing wrongdoing was refreshing, to say the least.

Their linked article is a short, absolute must read: it makes clear that Michigan Governor Rick Snyder personally knows well-to-do attorney Alan Gocha Jr. and knows of his in-sync-with-Snyder political ties; Snyder corrected the reporter on the pronunciation of Gocha’s last name … it isn’t pronounced “gotcha,” but it sure the heck should be.

The article covered Snyder’s extensive sympathy for attorney Gocha, despite his taking up precious Michigan docket time (and therefore taxpayers dollars) for years, trying to wiggle out from under his wrist slap. Gocha’s sentence was six (6) days.

Snyder was concerned about Gocha’s inhibited ability to deal with Wall Street bankers and travel internationally … Gocha’s “financial freedom.”

The context missing from the AP article is gruesome and of the utmost significance: Snyder remains unconcerned about the continued incarceration of Davontae Sandford based on an obviously coerced confession to a 2007 quadruple homicide, obvious not only in that a half-blind, developmentally delayed 14-year-old would have a tough time making one kill shot, let alone four, but obvious is that one of the actual killers, Vincent Smothers, has done his best to free Davontae.

Smothers is a hit man. He’s serving time for eight other homicides that he confessed to in 2008, along with the homicides that Davontae was framed for. He named his accomplice – another hit man (who remains free, to the best of my knowledge).

Detroit police had previously coerced mentally challenged Eddie Joe Lloyd into a false confession. Eddie and Davontae had something else in common – the same incompetent and malicious defense attorney.

As with Eddie, no legitimate forensic evidence connected Davontae to any crime.

Eddie lived to have DNA free him, but he didn’t live for long; prison food and prison healthcare took its toll, as it surely will on Davontae.

When someone else credibly confesses to a crime, and had information only the killer would know, “God’s signature” – as Eddie described DNA – is not required. All that’s required is a governor that won’t tolerate frame-ups. Rick Snyder is not that governor. All that Snyder finds intolerable is equal justice for Republican attorneys.

 

 

 

 

 

 

 

 

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Balanced federal budget? Oh please.

Published on Mar 23, 2015

War companies like Halliburton and Kellogg Brown and Root use “cost plus” arrangements to legally steal from taxpayers. This clip is from the 2006 film, “Iraq For Sale” WATCH THE FULL FILM: http://bit.ly/1Htzl63

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Psychotherapist George Mallinckrodt’s conversation with Florida DoC Secretary Julie Jones re #DeadInmates

Getting Away With Murder

The following is an excerpt from psychotherapist/author George Mallinckrodt’s blog. Please support his tireless efforts to reform Florida’s deadly prisons by purchasing his book – pictured above – via Amazon, if you’re able. You won’t regret it.

March 23, 2015

A Synopsis of My 30 Minute Phone Call with FL DOC Secretary Julie Jones on March 16, 2015

George’s Note: I finished the conversation with Secretary Jones feeling unsatisfied. I suppose it would be shocking if she had taken a different line with me than the company line we hear in her interviews. It seemed like she was in damage control mode while simultaneously glossing over the brutality that occurs regularly in Florida prisons.

A number of concerns guide my work as a psychotherapist, human rights advocate and prison reformer: The safety of inmates throughout the DOC, especially with regard to the mentally ill; investigations into abuse, beatings, and suspicious deaths; and criminal charges against officers who commit these crimes and those who conspire to cover them up.

I got the sense Jones’s priorities are different than mine. From interviews and appearances before the Criminal Justice Committee (CJC), tops on her list is to get money to hire more officers and repair the crumbling infrastructure of prisons throughout Florida. Both absolutely necessary, but in my opinion, will not impress anybody that substantive change is occurring. Inmates will continue to be abused, brutalized, and killed by corrections officers.

It is my hope that Secretary Jones initiates wide ranging investigations deep into the hierarchies of the Department of Corrections and the Office of the Inspector General. I’m not alone. After hearing sworn testimony on March 10th from current and former investigators in a CJC hearing, Senator Greg Evers said, on News Talk 1370 WCOA, that he is “…waiting to see right now if the Governor or the Chief Inspector General in the Governor’s office will step in and do something. If not, then I feel compelled that it’s my responsibility to ask for a full investigation.”

On a personal note, I’ve became a staunch supporter of Senator Evers. Since meeting him before my presentation before the CJC on January 5th, he has unflinchingly sought out the truth of what really happens in the DOC. Evers elaborated further on WCOA, “If FDLE does not do it [an investigation], then I would be forced to go to the FBI or the Department of Treasury.”

Phone Conversation with FL DOC Secretary Julie Jones

After exchanging pleasantries, we got down to business. Secretary Jones had me on speaker phone and mentioned that Tim Cannon, Deputy Secretary, was in the room. I started by complimented her for renegotiating contracts with medical service providers Corizon Health and Wexford. These two companies have between them nearly 1700 malpractice lawsuits and have been the subject of numerous articles detailing medical neglect by the Palm Beach Post and others.

I gave her some quick background from the time I worked at Dade CI in the psychiatric unit known as TCU. I explained that my purpose in calling her was to give her an inside perspective from somebody other than a correctional officer or administrator.

I brought up the case of Darren Rainey. As a psychotherapist I expressed concern regarding the torture and killing of a mentally ill man. I found it particularly disturbing no charges had been brought nearly three years later against the guards who put him in a scalding hot shower to die. Secretary Jones found the manner in which he died disturbing as well.

I went on the describe the beating of inmate Swilling and the fact that counselors who worked there had seen other beatings but were too afraid of retaliation to come forward. I told her of how “security” retaliated against a female counselor who resigned out of fear for her life.

We moved on to discuss three inmates whose relatives have serious concerns regarding their physical safety and psychological well-being. One of the cases had come to her attention – the other two had not. These cases pointed to three deep rooted problems within the DOC: mistreatment of the mentally ill, retaliation that follows inmates from one to prison to an other, and the mismatching of inmates in cells resulting in rape or worse. As most are afraid of retaliation, I will not disclose details here.

With regard to the mentally ill, I pointed out that they will act out in accordance with their diagnosis and will be put into confinement which is contraindicated. Jones countered by saying they are already in a TCU and receiving appropriate care. I responded that only applied to those who’ve been diagnosed. Jones responded that she had more details about the treatment of the mentally ill that I wasn’t privy to.

I suggested the DOC needs to do a better job at identifying and diagnosing the mentally ill when they first enter the system. Jones thought that should start before they get to the DOC and I agreed with her. I encouraged her to liaison with county jails to begin the tracking and treatment process. Jones admitted that the process has been inconsistent and told me of a criminal justice/mental health bill proposed by Representative McBurney that addresses the issue.

The bill, according to Jones, provides for officer training and mental health courts that would lead to the mentally ill getting treatment as opposed to being sent to prison. I told Jones it sounded similar to the efforts of Judge Steve Leifman whose work she was familiar with.

In the case where I outlined how retaliation follows an inmate from prison to prison, Secretary Jones cited cases where relatives ask for a transfer to a federal prison only to withdraw their request when they find out it’s to a facility out of state. She did say she would look into the details of the inmate asking to transfer out of state to evade DOC retaliation.

In the third and final case, I described an inmate who was put into a cell with a sexual predator only to be knocked unconscious and raped. The point I made to Secretary Jones was that I had heard of many instances of how guards will retaliate by mismatching inmates on purpose. I insisted that guards who want to keep their hands clean will use inmates to do their dirty work for them. I cited the case of Lavar Valentin at Dade CI who was placed in a cell with a violent offender who killed him. Despite DOC rules expressly forbidding this practice and Lavar’s pleas to be moved, guards ignored his pleas and found he was strangled by his cellmate. Jones was unaware of the case and I promised to send her details from a Miami Herald article – Dade Correctional Back in Spotlight After Strangling.

I prodded Jones regarding her confidence in Jeffery Beasley, Inspector General for the DOC, citing the botched investigations of Darren Rainey (scalded to death by guards), Randall Jordan-Aparo (gassed to death), and Ricky Martin (placed by guards in a cell with a known killer). She insisted it was no fault of Jeffery Beasley and that “the IG’s office hasn’t been the lead on any of those investigations.” She shifted blame to local authorities and the FDLE. “We were never the lead on Aparo although we did assist in that investigation.” Jones went on to say, “we’ve always brought in third party individuals and when the results don’t come out it’s always the IG’s problem.”

I stated, “to stem this culture of violence, abuse, and cover-up, it seems reasonable that correctional officers and the people that cover up for them need to know that there are consequences.” Jones responded, “but there are consequences.” She talked about “federal indictments that came out last month” and a large number of people that had been fired where they could not get an indictment. Jones insisted, “We are cleaning up our shop.”

With regard to where I once worked, the TCU at Dade CI, Secretary Jones described trainings and staff replacements – including the mental health staff.  She cited settling the Disability Rights Florida lawsuit as a motivating factor. She maintained that it is a different facility than when I was there between 2008 to 2011.

I brought up the recent Miami Herald story of  Shurick Lewis, the inmate beaten by officers at Columbia CI. I questioned why a call wasn’t made to his mother. Jones cited security concerns for both the inmate and the hospital, family concerns, and other factors in explaining an internal decision making process as to whether or not to contact the family. In one case, Jones said, a mother was granted access to her son but was removed from the hospital when she “created a scene.”

Jones wanted me to know that it was written policy to show compassion and to keep family members as involved as they can. In addition, she raised HIPAA privacy issues regarding confidentiality of medical treatment. I suggested that when an inmate was able to, a DOC representative could present a medical release to the inmate to sign if they wanted their family to be notified. Signing a release was something I did regularly at Dade CI.

Secretary Jones said the DOC could do that now but it was up to the warden to have the final say in communicating to the family. She mentioned the policy had been adjusted in the last few years to give the warden more authority to determine factors in allowing family access and more information regarding their loved ones.

Changing the subject, I gave Jones an account of the dog and pony shows I witnessed for visiting VIPs to the TCU at Dade CI. I proposed she go to prisons unannounced. She responded that it was natural to “spiff the place up.” But Jones said she wants to see the real prison and told people to “stop putting lipstick on the pig…we need everybody to see the facility as it is – how else can we ask for money for improvement?” Jones did say she had plans to visit prisons unannounced.

I brought up the grievance process and how I heard from multiple sources that guards named by inmates resort to retaliation to silence inmates. Secretary Jones countered by saying the DOC gets 60,000 grievances a year. She didn’t agree with my assertion that a certain number are destroyed to hide guards’ unlawful behavior. She said she personally receives hundreds of letters directly from inmates and family members.

Jones went on to describe inmate panels that present grievances to the warden along with other issues. She thought they met quarterly or twice a year to deal with a host of issues and to resolve inmate problems. She said, “I think what’s happened since you left employment with us…I think things have changed for the better.”

I went on to suggest that the DOC do a better job at publicizing arrests and convictions of officers and other positive developments to counter the public perception that the DOC is riddled with brutality and cover-ups. Jones said, “I think you’d be surprised, we have tried to bring forward all the positive things we’re doing for inmates.” She complained that news outlets focus on sensationalized stories and disregard the gains that have been made.

I made an offer to Secretary Jones to blog positive developments if she would send me links or documentation to that effect. She said I was the first to make that offer. I think, and this could be the solution focused therapist in me, that it’s important to give credit where credit is due. I told Jones that Senator Evers asked me before my presentation to the Criminal Justice Committee to lay off the negativity a bit to focus on solutions. In that spirit, I told her I would be happy to add the good things to the mix.

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Fools rush in, coerce confession for nonexistent crime

Published on Nov 22, 2013 | “Fools Rush In” by Brook Benton

Deaf homeless man jailed in Virginia for six weeks says he was denied interpreter | US news | The Guardian

He knew he was in jail, but he didn’t know why.

Eventually, Abreham Zemedagegehu learned that he had been accused of stealing an iPad – an iPad whose owner later found it [emphasis added]. He spent the next six weeks in jail, unable to communicate with his jailers because he is deaf. He described a frightening, isolated experience in which medical procedures were performed without his consent and he feared for his safety.

via Deaf homeless man jailed in Virginia for six weeks says he was denied interpreter | US news | The Guardian.

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The Guardian article goes on to state, as specifically regards those that are deaf, that “the Virginia department of corrections reached a settlement process to provide qualified interpreters during the booking process and when providing medical care, among other things.”

It isn’t in Virginians’ best interests for local jails to split hairs, and pretend that their operations should not mirror the best practices established for state facilities, without being compelled by the burden to the taxpayers of additional case law or legislation.

Had the Virginia officers or jail personnel done so in this instance, an innocent man would have likely remained free, and taxpayers wouldn’t have been out a thin dime for persecuting a deaf man.

This isn’t the first time that Abreham Zemedagegehu had difficulty being understood by officers, although it appears things didn’t get so bad that he had additionally had trouble with malicious prosecutors and an equally malicious judge, which brings me to the moral of this story:

When you’re going to frame a disabled guy for a crime that never happened, it’s best to at least Google their name before you get carried away.

There may still be a New York Times articles still floating around that unquestionably proves your malice aforethought.

The NYT article said that Abreham Zemedagegehu was given an iPad and accessories by The New York Times Neediest Cases Fund.

While it seems the laughs are all on Arlington County and their lame defenses and assertions, they’re actually not. All the laughs will be on we, the people, until they – the public servants – actually sere the public.

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Death Sentence Overturned in Case with Demeaning Prosecutor

Susan Chandler:

.@ABAesq: Disbar R. David Favata.

Originally posted on Dare to Think:

ismccoy1The Supreme Court of Delaware has overturned the conviction and death sentence of Isaiah McCoy (left).  McCoy, 27, was convicted of a 2010 bowling alley parking lot murder.

McCoy represented himself at trial and subsequently in his appeal.  He sought a reversal of his conviction and death sentence based upon the court’s failure to permit one of his peremptory challenges during jury selection and state prosecutor R. David Favata’s misconduct in vouching for a witness and behaving unprofessionally throughout the trial.

The Delaware Supreme Court found that the trial court “committed reversible error when it improperly denied McCoy’s right to exercise a peremptory challenge to strike a potential juror,” whose wife had worked at a detention facility where the defendant was an inmate.

“In addition, reversible error occurred when the prosecutor improperly vouched for the credibility of a key witness for the State.  We also address the pervasive unprofessional conduct…

View original 453 more words

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Apology Lite: prosecutor wants taxpayers to pay for his “mistakes”


Glenn Ford Exonerated After Spending 30 YEARS On Louisiana Death Row – Published on Mar 14, 2014

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Lead prosecutor apologizes for role in sending Glenn Ford to death row

I apologize to Glenn Ford for all the misery I have caused him and his family.

I apologize to the family of Mr. Rozeman for giving them the false hope of some closure.

I apologize to the members of the jury for not having all of the story that should have been disclosed to them.

I apologize to the court in not having been more diligent in my duty to ensure that proper disclosures of any exculpatory evidence had been provided to the defense.

Glenn Ford deserves every penny owed to him under the compensation statute.

via Lead prosecutor apologizes for role in sending Glenn Ford to death row.

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If you read the article from start to finish, you’ll find that A. M. “Marty” Stroud III is only kinda sorta sorry that he participated in railroading Glenn Ford. (And, yes, it is indeed railroading when a prosecutor hears stories that undercut his theory of the crime, and ignores them.)

Contrary to the content of Stroud’s Apology Lite, Glenn Ford doesn’t deserve exoneration compensation from fellow Louisianians for his 30 wrongful years on death row.

Taxpayers were already tapped to persecute and incarcerate an innocent, while a killer remained among them. Included in the money they were defrauded of was the wages and benefits of Stroud and others who were too lazy to follow every lead, and by a judge that was so prejudiced that an all-white jury was allowed to determine the fate of a black man.

Until the public servants pay directly for their mistakes and/or malice, they will continue to be lazy, crazy, and – perhaps worst of all – whiny.

I’ve worked with physicians that were 33-years-old, or younger. They didn’t expect the burden of any mistake to fall on anyone but themselves. The full burden.

Stroud expects the burden of his “mistakes,” at age 33, to fall fully upon Louisianians.

He said he was arrogant then.

I say he is arrogant now, perhaps more so than when he was 33 … explaining why he chastised the newspaper within his Apology Lite instead of saving that rant for another day … on top of ambiguously asserting that Louisianians should make Glenn Ford whole, in his stead.

Per assorted U.S. Supreme Court decisions, confirmed in 2011 in Connick v Thompson, prosecutors and their supervisors have absolute immunity from prosecution for mistakes and malice. Through those decisions, the American Bar Association was assigned law enforcement responsibilities: it is supposed to be holding public attorneys accountable for their behaviors. The ABA isn’t doing anything of the kind, even though its federal income tax exemption is based upon equally protecting the public and its members.

Until the ABA holds public attorneys accountable, we’ll be subject to lazy, crazy, whiny prosecutors and judges who believe in “no fault” exonerations that punish only taxpayers.

The IRS Oversight Board must retroactively void the American Bar Association’s tax exemption, following California’s lead in voiding Blue Shield’s tax exemption.

Please sign and share this petition – let’s stop the lazy, crazy, whining of public servants that want us to pick up the tab for their mistakes and malice. Thank you.

http://petitions.moveon.org/sign/irs-oversight-board-bust

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