Judge inflicts slightest of slaps on prosecutor’s wrist for Brady violation.

Judge kicks prosecutor off cases for withholding evidence – The Orange County Register

Goethals found Petersen committed an intentional “Brady violation.” He was referring to Brady v. Maryland, the case in which the U.S. Supreme Court ruled prosecutors must turn over evidence that could help the defense or be used to attack the credibility of a witness.

via Judge kicks prosecutor off cases for withholding evidence – The Orange County Register.

————————————-

Brady v Maryland was the first of several U.S. Supreme Court decisions that put police, prosecutors and judges’ reputations ahead of individual inherent rights. Imbler v Pachtman, Van de Kamp v Goldstein and Connick V Thompson later gave further protections to public servants’ reputations while trampling additional inherent rights of individuals.

Brady has many “legs” for prosecutorial misconduct to continue to stand on.

Most judges and justices find Brady violations “harmless,” they second-guess not only how juries would have reacted to knowing more of the truth, but the extent to which defense attorneys could have run with those truths, and what advice they gave their clients on their initial pleas, or acceptance of plea bargains.

Many judges and justices bury Brady violations with a little bit of Latin, “Per Curiam affirmed” … a rubber stamp approval of the original verdict, for which they do not commit to an explanation.

Worse, whatever proprietorial misconduct these judges and justices rubber stamped cannot be presented on appeal again.

Unlike the other rulings that are keeping tens of thousands of frame-ups intact, the U.S. Supreme Court Justices ruled on Connick v Thompson in this century – in 2011.

Unlike the previous century, the Justices had hundreds of DNA exonerations within their knowledge – which proved beyond all doubt, not just reasonable doubt – that the prosecutorial and supervisory immunities afforded by Brady v Maryland, Imbler v Pachtman, and Van de Kamp v Goldstein all HAD TO GO.

But just as we have the whiniest, slimiest Congress ever, we have the whiniest, slimiest U.S. Supreme Court ever. The majority of Justices ruled in favor of whiny, slimy Harry Connick, Sr., thereby protecting every other whiny, slimy public attorney like him; giving them more protections than the tens of thousands like John Thompson … falsely accused, convicted, incarcerated and/or executed.

Judge Thomas Goethals merely recused Erik Petersen for his Brady infraction. As lame and pathetic as it seems, compared to most judges, Goethals is a hero.

Innocence organizations aren’t making it clear that only the American Bar Association is responsible – per all these decisions by the the U.S. Supreme Court – for the conduct of public lawyers.

The ABA claims, for federal tax exemption purposes, that it equally protects the public and its members.

It’s likely the biggest lie ever told to the IRS.

And I brought it to their attention – repeatedly, per the emails below – in January of 2011, before the U.S. Supreme Court ruled so despicably in Connick V Thompson.

From: Susan Chandler
Date: January 29, 2011 3:42:13 AM EST
To: irsob@do.treas.gov
Subject: Annual Oversight Meeting – Request for investigation on behalf of those taxed without representation

The Honorable Secretary of the Treasury
The Honorable Commissioner of Internal Revenue
The Honorable IRS Oversight Board Members,
Paul Cherecwich, Jr.
E. Edwin Eck
Robert M. Tobias
Raymond T. Wagner, Jr.
Deborah L. Wince-Smith
IRS Oversight Board
1500 Pennsylvania Avenue, NW
Washington, DC 20220

Dear Honorable Public Servants:

I am writing to request an immediate, detailed response to my emails of January 14th and January 21st, and to further substantiate the request made within those emails.

The American Bar Association and its affiliates are not sacrosanct; their behaviors in ignoring prosecutorial and supervisory misconduct violate their basis for income tax exemption while constituting an ongoing criminal conspiracy to violate rights. Since 1977 the Bar has had the ethical obligation to either police prosecutorial and supervisory misconduct or request that Congress relieve them of the responsibilities placed upon them by the U. S. Supreme Court decisions in Imbler v Pachtman and Van de Kamp v Golstein.

The 2008 gross receipts of the Florida Bar Foundation, Inc. alone were over $88,000,000 (pdf below). The Florida Bar knows of serial prosecutorial and supervisory misconduct revealed by exonerations and lets the prosecutors and their supervisors remain on the job to do further harm. The ABA Journal’s December 12, 2008 article, “Lawyers Seek Special Prosecutor to Probe Brevard, Fla., State Attorney’s Office” indicates that the Bar, at the national level, even deludes its own members as to its responsibilities to police misconduct (pdf below). I point out once more that Bill Dillon’s upset conviction revealed duplication of untenable trial tactics used against Juan Ramos and Wilton Dedge, whose convictions were also upset in the same judicial circuit. The Florida Bar Journal article of April, 2010 reports that “Sandy” D’Alemberte represented both Dedge and Dillon, and in the face of the serial prosecutorial and supervisory misconduct revealed in the upset convictions, does not call on the Bar to investigate attorneys Chris White, John Dean Moxley or other prosecutors involved in the cases, and deceptively posited, “What kinds of measures can we adopt to try to improve our criminal justice system so we can achieve the truth more often?” (pdf below) D’Alemberte did not mention Juan Ramos’ connected false conviction.

D’Alemberte is an ABA past president. His contentment with failure to police prosecutorial and supervisory misconduct within Florida further reflects the national scope of this travesty.

Seth Miller, Director of The Innocence Project of Florida, made no effort to correct the misperception of who is indeed responsible for policing misconduct; the IPF, too, enjoys a tax exemption on the pretense of facilitating justice.

Again, although the families of the thousands of falsely convicted men and women do not know one another and cannot approach the IRS as a group, your agency is obligated to provide them with immediate relief as though they had formed a massive group and approached you with representation.

This is not a conundrum: corporate entities made unsupportable claims of serving the public to benefit from undeserved federal income tax exemptions; they should be unflinchingly held accountable, with the IRS refusing to be a party to those entities continually undermining the integrity of our justice system.

Logically, your agency cannot continue to target individuals who have abused the system without any ripple effect while giving a free ride to those who egregiously and arrogantly damage the fabric of our democracy on a daily basis.

I request the courtesy of a response. Thank you for your time.

Sincerely,

Susan Chandler

From: Susan Chandler
Date: January 21, 2011 5:25:58 PM EST
To: irsob@do.treas.gov
Subject: Annual Oversight Meeting – Request for investigation on behalf of those taxed without representation

The Honorable Secretary of the Treasury
The Honorable Commissioner of Internal Revenue
The Honorable IRS Oversight Board Members,
Paul Cherecwich, Jr.
E. Edwin Eck
Robert M. Tobias
Raymond T. Wagner, Jr.
Deborah L. Wince-Smith
IRS Oversight Board
1500 Pennsylvania Avenue, NW
Washington, DC 20220

Dear Honorable Public Servants:

I write to request a response to my email of January 14th, below, and to reemphasize the need for the IRS to act. There is no American Association of Family Members of the Falsely Convicted to make arrangements to send representatives to speak before your Board in person. This enormous group of Americans shouldn’t continue to be taxed without representation while the entities directly responsible for their plight – the American Bar Association and its affiliates – continue to enjoy untaxed incomes under the false pretense of having protected them.

This is not a matter that those affected by the Bar’s nonfeasance or the general public can expect to have accurate insight into. A. G. Holder’s new Professional Misconduct Review Unit will address Justice Department prosecutors’ misconduct as secretively and speciously as it likes. USA Today’s Justice Dept. to punish prosecutors’ misconduct (link below) obscures the root cause of perhaps the majority of false convictions, as well as the available remedies. Congress can compelled through public petition to override the U. S. Supreme Court’s overreaches in Imbler v Pachtman and Van de Kamp v Goldstein that made it lawful for prosecutors to frame an innocent within his supervisors’ knowledge. The FBI can be compelled to adhere to its mandate to investigate public corruption that affects trial outcomes through successful Writ of Mandamus with the U.S. Supreme Court, or though convincing Congress to provide more thorough Oversight.

USA Today’s article quoted Joe Lawless, author of pricey Prosecutorial Misconduct: Law, Procedures, Forms, Fourth Edition, “You still have this systemic problem of a mentality that prosecutors have to win … You have to change that mentality.”

Our Constitution and Bill of Rights make “mentality” extraneous in criminal conspiracies to unduly deprive Americans of their rights, freedom and/or life.

As such, the Bar had no ethical option in being unduly tasked by judicial overreach with policing prosecutorial and supervisory misconduct other than to ask Congress to be immediately relieved of the responsibilities. Instead the Bar chose to accept and abuse the authority, causing direct harm to citizenry.

Just as the Bar had the ethical responsibility to refuse to be tasked with policing misconduct, the IRS has the ethical responsibility to retroactively revoke tax exemptions that are based on falsehoods. That includes the tax exemptions of “Innocence Industry” NGO’s that enjoy untaxed incomes without having approached the IRS about the Bar’s false exemption claim, without having approached Congress to override case law prosecutorial and supervisory immunities, without having approached the FBI to adhere to their mandate to investigate public corruption that affects trial outcomes, without having approached the Senate Judiciary Committee for tighter Oversight of the FBI, without petitioning the U. S. Supreme Court to order the FBI to adhere to its public corruption mandates, and without informing their donors that their agendas better serve self-perpetuation than upsetting false convictions.

While the criminals they’re serving time for are finding new victims, thousands of innocents wait for the truth to get them out from behind steel bars. Most of those innocents won’t stand a chance until one federal agency says “Enough!” and uses whatever means are at hand to begin to make justice both available and equal again. The IRS can prove pivotal in ensuring justice by fairly applying its own rules. And it can do so autonomously and expeditiously.

We became a nation to escape the oppression of taxation without representation and uneven rule by monarchy. A prompt and detailed response is appropriate and will be deeply appreciated. Thank you.

Sincerely,

Susan Chandler

“The Oversight Board is a nine-member independent body charged to oversee the IRS in its administration, management, conduct, direction, and supervision of the execution and application of the internal revenue laws and to provide experience, independence, and stability to the IRS so that it may move forward in a cogent, focused direction.”

http://www.usatoday.com/news/washington/judicial/2011-01-18-prosecutors_N.htm?POE=click-refer

From: Susan Chandler
Date: January 14, 2011 4:20:35 AM EST
To: irsob@do.treas.gov
Subject: Annual Oversight Meeting – Request for investigation on behalf of those taxed without representation

IRS Oversight Board
1500 Pennsylvania Avenue, NW
Washington, DC 20220

To whom it may concern:

There is a extraordinary large group of oppressed taxpayers, inherently divided into small groups that are for the most part unaware of each other and therefore unable to speak as one to the IRS.

This group consists of the families of those serving false convictions.

Essentially, they are being taxed without representation, as case law and legislated civil immunities for prosecutors and their supervisors make justice unavailable.

In 1976, the United States Supreme Court gave immunity to prosecutors in Imbler v Pachtman, even for willful misconduct. Later, their ruling in Van de Kamp v Goldstein gave immunities to prosecutors’ supervisors. The Supreme Court’s overreaches proved oppressive, sometimes deadly so, as the American Bar Association was entrusted with oversight and has gone to extraordinary lengths to protect its members ahead of the public, although doing so makes nonsense of the basis of their federal income tax exemption, rendering them essentially a mutual aid society that only very occasionally pretends to protect the public.

These unacceptable circumstances cannot possibly be outside the IRS’s knowledge. Exoneration news story after news story confirm deliberate use of untenable trial tactics: coached informants, coerced confessions, unqualified experts, witness intimidation as well as withheld, planted, “lost” or misrepresented evidence and more. The American Bar Association and its affiliates can only fine, suspend and/or disbar miscreant attorneys. While civil attorneys are often held accountable by the Bar, prosecutors and their supervisors very rarely are. This dark, unwarranted disparity has also frequently made the news.

Making matters exponentially worse, neither prosecutors nor their supervisors reasonably react to news that an expert witness, forensic technique or laboratory has been discredited, and the numbers of cases involved are astonishing. The FBI used their own “bullet lead analysis” for roughly 40 years before declaring it wholly unreliable, and rather than notifying the convicted, the FBI notified prosecutors and/or supervisors of the @2,500 affected cases. Discredited dog handler John Preston was used at trial nationwide in hundreds of cases before and after an Ohio federal court found him a fraud and perjurer in upsetting Dale Sutton’s conviction in 1983; discredited dog handler Keith Pikett participated in over 2,000 Texas criminal investigations, another California dog handler was discredited – the total likely matches or exceeds that of “bullet lead analysis” cases. Fire forensics were updated in this century, and blood splatter technology has changed; it is far from unreasonable to suspect that another 2,500 cases are involved, at minimum.

It is reasonable to estimate that falsely convicted inmates, on average, have at least five family members paying federal taxes. With just the four factors named in the previous paragraph, likely more than 37,500 taxpayers were or remain directly affected.

And those four factors are just a small portion of the whole. There is no way to assess how many have been falsely imprisoned through deployment of untenable trial tactics until the American Bar Association holds prosecutors and their supervisors accountable – three upset convictions in Florida’s 18th judicial circuit (Juan Ramos, Wilton Dedge, Bill Dillon) indicate that the number of affected taxpayers will likely be astronomical, as miscreant prosecutors and supervisors repeat their unchecked behaviors relentlessly, engaging in outrageous coverups that are within the Bar’s knowledge.

Quite often, the families of the falsely convicted have expended the whole of their accumulated assets in a futile battle against a serially deck stacked in favor of public corruption. Those assets were after-tax, and no deductions were allowed for legal expense. Prematurely cashing in tax-sheltered savings likely caused a considerable number of families of incarcerated innocents to incur harsh tax penalties.

It is abundantly clear that the American Bar Association’s and its affiliates intend to continue to unequally serve the public and its members, wantonly shielding members that are prosecutors or prosecutorial supervisors. Although the FBI is mandated to investigate public corruption that affects trial outcomes, they will not do so, nor will they answer correspondence that requests an explanation. Sen. Patrick Leahy, serving on the Senate Judicial Committee providing FBI oversight, found the FBI to be lawless, wasteful, incompetent and derelict in many of their responsibilities under Director Mueller, but did not address the agency’s dereliction in investigating color-of-law trial abuses. It is therefore clear that until Congress holds the FBI fully accountable and takes it upon themselves to override unconstitutional civil immunities that make justice undeniably unequal, the IRS must not abet the Bar and the FBI in willfully protecting miscreants that deliberately break laws under the guise of delivering justice.

It falls to the IRS to acknowledge and act on this inherently disconnected group’s behalf in conducting annual oversight review this year, particularly since no taxpayers – aside from Bar members – are shielded from harm through the deliberate use of untenable trial tactics and/or the failure to acknowledge that cases they’re prosecuted were undermined by current events, such as updated fire forensics and DNA discrediting of additional dog handlers.

The public at large is indirectly affected by the Bar’s willful nonfeasance by abuse of their tax remittances, bearing the costs of incarcerating innocents, funding public defense as well as persecution in lieu of prosecution, funding docket time, funding executions.

In advocating for the immense group of incarcerated innocents and their friends and families, please investigate the American Bar Association and its affiliates tax exemptions with cool, clear heads, and revoke their exemptions retroactively for each year each organization is required to retain records. The resulting federal incomes will never come close to replacing the billions of dollars of tax money that the American public have been defrauded of to persecute and warehouse innocents while the actual criminals – armed robbers, rapists, child molesters, killers – found new victims amongst them and their children.

As the death penalty is still lawful in most states, it is a matter of life and death as well as taxation for the American Bar Association and its affiliates to at long last be held accountable by our federal government.

As every citizen has the right to petition government for redress, it is my sincere hope that one citizen giving voice to the obvious oppression of untold thousands will suffice in sparking an immediate investigation of the American Bar Association and its affiliates that results in revoking the federal tax exemptions of each entity until such time as they exhibit behaviors that benefit, rather than harm, the public at large. I look forward to your prompt response.

Sincerely,

Susan Chandler

About Susan Chandler

Now-disabled interior/exterior designer dragged into battling conviction corruption from its periphery in a third personal battle with civil public corruption.
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