Thursday, September 1, 2016

LEGAL ARMCHAIR QUARTERBACK. HOW DO WE FIX A BROKEN CRIMINAL JUSTICE SYSTEM? ONE CASE AT A TIME! MENTAL FLOSS. BUSY WORKS. STAGECRAFT. DROP BOX HACK. SIP SOME SAVINGS! CONSTITUTIONAL RIGHTS--USE THEM OR LOSE THEM--POWER IS GIVEN, NOT TAKEN! CELEBRITY CHRIS BROWN 'STANDOFF'? OR CONSTITUTIONAL RIGHT. WE THE PEOPLE AND OUR LAW ENFORCEMENT, CRIMINAL JUSTICE SYSTEM, CAN START TO REFORM OURSEVLES WITHOUT CONGRESS, GOVERNORS, STATE LEGISLATORS, OR A NEW PRESIDENT, ALTHOUGH THEY ALL HELP! GREAT IDEAS, ALWAYS START FROM THE GRASSROOTS UP, GOIING FROM THE MICRO TO THE MACRO, AND SPREADING! IN THE NEWS TODAY, THERE ARE TWO EXAMPLES OF WHAT I AM TALKING ABOUT: (1) IS TV STAR, CHRIS BROWN, WAS SOMEHOW CONNECTED TO A CALL THAT THERE WAS A GUN IN THE HOUSE, AND THERE WERE ISSUES WITH A GIRLFRIEND--THE FACTS DID NOT FOCUS ON THE DETAILS; HOWEVER, COPS SECURED THE PREMISES, TO MAKE SURE THERE WAS NO GUN INCIDENT, LIKE THEY ARE TRAINED TO DO, HOWEVER, WITH LIGHTS FLASHING, BROWN, DEMANDED THAT HIS ATTORNEY BE CALLED TO THE SCENE AND HE DEMANDED THE COPS GET A WARRANT, THAT CAN BE OBTAINED, WITH PROBABLE CAUSE, OATH AND AFFIRMATION, AND A JUDGE'S SIGNATURE, IF THERE IS CAUSE TO BELIEVE, THERE IS A GUN, IN THE HOUSE, WHICH IS NOT A CRIME, BUT, IT CAN BE USED IN A MANNER TO MAKE AN ILLEGAL PROSSESSION, A CRIMINAL ACT, IF IT IS USED TO PERPETRATE A CRIME. THERE WERE COPS AND CAMERAS, WITH COPS, KNOWING THAT EVERY DETAIL OF THEIR INVESTIGATION, QUESTIONING, SEARCH AND POSSIBLE SEIZURE OF PERSONS AND GUNS, WOULD BE SCRUTINIZED, THEREFORE, THEY WANTED TO MAKE SURE THEY WENT BY THE BOOK! HURRAH FOR BOTH, CITIZEN, HELPING THAT HE WAS A CELEBRITY, WITH READY MADE PRESS AND PICTURES, BUT FOR THE COPS ALSO . . . CITIZENS, DEMANDING THEIR RIGHTS, AND COPS AFFORDING THEM THE RIGHTS, WHILE, DOING WHAT THEIR DEPARTMENT POLICY SAYS NEEDS TO BE DONE IN THAT SITUATION, WITH REGARDS TO PROTECTING THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE IN THEIR COMMUNITY AND JURISDICTION! WONDERFUL! SURE THE PROPER "DUE PROCESS" MAY HAVE TAKEN A BIT MORE TIME, BUT, ALL WAS COOL! THE RULES OF ENGAGEMENT AND AGREEMENT WERE ALL HONORED, AND THINGS WENT WELL, AT LEAST TO THIS POINT! (2) IN A VERY SIMILAR SITUATION, IN A SECOND CASE, ALL THE PLAYERS, FROM THE COPS TO THE PROSECUTORS, TO THE JUDGE, I BELIEVE, AND I DON'T KNOW THE FACTS, WAS NOT ON THE JURY, BUT, A MAN, WITH A DOMESTIC, AS I RECALL, WITHOUT STOPPING WRITING, TO CHECK, GAMBLES ON HIS FREEDOM, HAVING SERVED 19 MONTHS, FOR ALLEGEDLY, ASSAULTING A PUBLIC SERVANT AND THREATENING TO KILL POLICE OFFICERS, COULD HAVE WALKED FREE, WITH TIME SERVED, CONSIDERED, BUT, HE REFUSED THE PLEA BARGIN, WENT TO TRIAL, WAS CONVICTED, AND THE JUDGE SENTENCED HIM, TO 40 YEARS IN PRISON!? WHAT THE FUCK? IT IS NOT A CRIME, TO DEMAND YOUR RIGHTS, NOR IS IN A CRIME, OR A NEGATIVE THING, TO REJECT A PLEA BARGAIN, AND PEOPLE, WHO EXERCISE THEIR 4TH, 5TH, AND 6TH AMENDMENT RIGHTS, TO GO TO TRIAL, SHOULD NOT BE PUNISHED, AND IN THIS CASE, AND I AM NOT STANDING IN JUDGEMENT OF THE JUDGE, BUT, IF YOU WERE WILLING TO ACCEPT A PLEA BARGAIN, PRESENTED BY THE PROSECUTOR, FOR TIME SERVED, AND LET THE MAN, WALK THE DAY HE TOOK THE DEAL, IT SEEMS, LIKE CRUEL AND UNUSUAL PUNISHMENT, AND UNDER THE UTAH CONSTITUTION THAT i AM MOST FAMILIAR WITH, IT APPEARS THAT UNUSUAL RIGOR WAS USED AGAINST A MAN, WHO JUST WANTED HIS DAY IN COURT? HE WAS NOT JUST PUNISHED, HE WAS BLUDGEONED TO DEATH, 40 FUCKING YEARS? THE GOAL OF THE CRIMINAL JUSTICE SYSTEM, IS REHABILITATION, AND THAT, INCLUDES, SEEING THAT JUSTICE IS SERVED, NOT PUNISHMENT METED OUT, FOR SIMPLY NOT AGREEING THAT, YOU DID ANYTHING WRONG! I HAD A SIMPLE DOMESTIC, WHERE THE HUSBAND, REFUSED TO TAKE A PLEA BARGAIN, BECAUSE, THAT WOULD PUT IT ON THE RECORD, THAT HE DID WHAT HE KNEW HE DID NOT DO--HIS WIFE, HAD KICKED A GLASS END TABLE, TRYING TO INFLICT INJURY ON HERSELF, SO IT LOOKED LIKE HE DID IT, BECAUSE, SHE WAS SUFFERING FROM POST PARDUM, DEPRESSION AFTER GIVING BIRTH TWO MONTHS EARLIER, AND SHE WAS FLIPPING OUT, THREATENING TO KILL HERSELF AND THE BABY TOO! PROSECUTORS OFFERED HIM A PLEA BARGAIN, OF 4 YEARS? FIRST OF ALL: (1) HE DIDN'T DO IT, THE ABUSE, SHE DID; (2) SHE HAD NO MORE THAN A SMALL CUT TO HER FOREHEAD, SELF-INFLICTED, SMEARED BLOOD ALL OVER HER FACE, AND RAN TO CALL THE COPS AT A NEIGHBORS; (3) HE HAD TAKEN ALL THE FIREARMS OUT OF THE HOUSE, THAT WERE UNDER THE MATRESS, SO HIS SUICIDAL WIFE, WOULD NOT HARM HERSELF, AND WHEN THE WIFE CALLED, SHE TOLD THE COPS HE WAS ARMED AND DANGEROUS! (4) WHEN HE CAME OUT OF THE HOUSE, AS THE COPS DEMANDED, HE WAS CARRYING HIS TWO MONTH OLD BABY IN HIS ARMS, WHEN THE COPS, DEMANDED THE BABY BE GIVEN TO THEM, THEY ARRESTED HIM, AND THEN BEAT THE SHIT OUT OF MY CLIENTS, TAKING 18 STAPLES, TO PUT HIS SCALP BACK TOGETHER, WITH PICTURES OF THE COPS, SMILING WHILE THEY BEAT THE HELL OUT OF AN INNOCENT MAN, WHO JUST TRIED TO PROTECT, HIS FAMILY, FROM HIS WIFE'S TEMPORARY INSANITY! (5) BECAUSE HE REFUSED THE PLEA BARGAIN, WHICH WAS WAY HIGH, FOR WHAT HAPPENED, AND ON TOP OF THAT, HE HAD CIVIL RIGHTS ISSUES WITH THE COPS, SO HE WOULD NOT TAKE THE DEAL, AND HE WANTED HIS DAY IN COURT, TO PRESENT HIS SIDE OF THE STORY, AND FACE HIS ACCUSERS! HIS RIGHTS, ALL! (6) BECAUSE, HE CAUSED THE PROSECUTOR AND THE JUDGE, A DAY IN COURT, THEY WOULD TAKE HIM IN, DURING JURY BREAKS, AND THEY WOULD WATCH, AS THE COURT BALIFFS OR SHERIFFS, ON DUTY, BEAT THE SHIT OUT OF HIM AGAIN, TO GET HIM TO TAKE THE DEAL--THEH WIFE'S FATHER WAS VERY POLITICALLY CONNECTED, AND HE WANTED TO USE THE CASE, TO MAKE A STATEMENT AGAINST GUNS! (7) WE WAS CONVICTED, RIGHT OR WRONG, AND GOT SENTENCED TO 8 YEARS IN PRISON, FOR WHAT, COULD HAVE BEEN DOCTORED WITH A BUTTERFLY BANDAID! NOW, THERE IS NO EXCUSE FOR ABUSE, BY HUSBANDS, WIVES, OR COPS! BUT THE MOST INNOCENT, OF ALL WAS THE HUSBAND, BEING THE KING OF HIS CASTLE, THIS WAS HIS FIRST BABY, HE LOVED HIS WIFE, AND SHE HAD TWO OTHER KIDS, FROM A PERVIOUS MARRIAGE HE WAS TRYING TO PROTECT, FROM SEEING THEM FIGHT, WHEN HE CARRIED HER INTO THE BEDROOM WHERE THE INCIDENT HAPPENED! (9) AS HE DID HIS TIME, HE CONTINUED TO DEMAND HIS RIGHTS, HE WAS PUNISHED BY THE GUARDS, AND MOCKED, THROWN IN A RACE RIOT, AT PLEASANT VALLEY PRISON, TRAMPED ON, WAS PICKED UP BY THEH GUARDS, AND LITERALLY THROWN, AGAINST THE WALL, WHEN THE GUARD, WAS ASKED BY NURSES TO HELP GET THE INMATE ON THE GURNEY, HE SAID, I WILL SHOW YOU, HOW WE TREAT GUYS LIKE THIS, MEANGING, SOMEONE WHO IS SEEN AS A PAIN IN THE ASS TO THE SYSTEM, REFUSED TO PLEA TO WHAT HE DIDN'T DO, AND THE ABUSE, CONTINUED, UNTIL HE WAS A PARAPOLIGIC, IN A WHEEL CHAIR! (10) THAT IS WHERE I CAME IN, THE COPS AND GUARDS, TAUNTED HIM, SAYING, THAT I WAS NOT REALLY HIS ATTORNEY, BEING RANKED, #2 IN THE NATION FOR CIVIL RIGHTS DEFENSE, AND HIS ONLY HOPE! (11) I MADE TWO TRIPS, AT MY OWN EXPENSE TO SAN QUENTIN PRISON, NEAR OAKLAND AND SAN FRANSISCO, AFTER FIRST TRYING TO SEE, DAVID MORGAN, AT THE PLEASANT VALLEY PRISON, WHERE HE WAS MOVED THE DAY BEFORE, CAUSING ME TWO HOURS EXTRA TRIP . .. . THE FIRST TIME WE MET, AS SOON AS DAVID GAVE ME THE FOUNDATION AND FACTS OF THE CASE, AND STARTED TO TELL ME ABOUT THE BEATINGS IN COURT BY COPS, WITH PROSECUTORS AND THE JUDGE, WATCHING, GUARDS, FROM ALL CORNERS OF THE INFIRMARY WHERE WE WERE MEETING, WHISKED HIM AWAY, VIOATING HIS 6TH AMENDMENT RIGHT TO COUNSEL, WITH ME SCREAMING AT THE COPS, AS HE TRIED TO HAND ME, NEEDED PAPERWORK, WHILE ALL HELL BROKE LOOSE, BUT NO RIGHTS BEING REPSECTED, NEITHER HIS AS A CLIENT, NOR MINE AS A CRIMINAL DEFENSE ATTORNEY, WITH A RIGHT TO REPRESENT HIM, TOLD I WOULD HAVE 8 HOURS, THAT ENDED UP BEING CUT TO 2 FUCKING HOURS, JUST AS WE WERE GETTING TO THE CIVIL RIGHTS PART! THE SECOND VISIT, WITH ME MAKING THE 700 MILE TRIP, BOTH WAYS, MY OWN, DIME, WAS ALSO CUT SHORT, TOO! (12) THE GOVERNMENT KNEW HOW TO STOP, ALL THE $700 MILLION WORHT OF CIVIL RIGHTS, CRIMINAL LAW, ETC., PLUS THIS MONSTER, CASE, OF CIVIL RIGHTS . . . STEAL MY HOUSE, SHUT DOWN MY LAW PRACTICE, THEN TRY TO KILL ME! VIIOLATING ALL MY RIGHTS TO LIFE, LIBERTY AND PROPERTY, WITHOUT DUE PROCESS OF LAW, NOR EQUAL PROTECTION! THAT RAGES TO THIS VERY SECOND! IF THIS CASE, AND THE ONE IN THE PAPER DOESN'T MAKE YOU SICK, I DON'T KNOW WHAT WILL! TO FIX THE SYSTEM, BOTH COPS, PROSECTUORS AND JUDGE, IN ADDITION TO CITIZENS, ALL NEED TO PLAY THE ROLE THEY WERE INTENDED TO PLAY IN THE SYSTEM, AND ALL RIGHTS, NEED TO BE AFFORDED, REGARDLESS OF TIME, EFFORT, AND MAKING THE PROSECUTOR AND JUDGE, GIVE A DEFENDANT HIS DAY IN COURT! SENTINCING, SHOULD NOT BE SO EXTREME, LIKE GOING FROM 19 MONTHS, TIME SERVED, BEING WILLING TO SET THE MAN FREE, THEN LEAPING FROM ONE EXTREME, OT THE TOTAL OTHER END OF THE SPECTRUM, TO 40 FUCKING YEARS! IT SOUNDS, LIKE THE MAN, THREATENED, THE OFFICERS . . . ASSAULT CAN BE JUST A VERBAL THREAT, AND HE SAID HE WOULD KILL THE COPS! NONE OF THIS IS GOOD, BUT, 40 YEARS? THAT IS WORSE THAN MOST MURDER SENTENCES, LONGER, AND FOR, NO DEAD BODIES WHATSOEVER! THE SYSTEM IS NOT IN PLACE TO PROTECT THE FUCKING PLAYERS IN THE SYSTEM . . . IT IS TO SEE THAT FROM A TO Z, JUSTICE IS SERVED, WHETEHR THROUGH RESPECTING CONSTITUTIOAL RIGHTS, TO FOLLOWING POLICE POLICIES AND PROCEEDURES, TO THE PROSECUTOR, EITHER PROSECUTING WITH JUSTICE IN MIND, OR DECLINING PROSECUTION, IF THERE IS NOT SUFFIENT EVDIENCE TO PROVE BEYOND A REASONABLE DOUBT THAT A CRIME WAS COMMITTED. I HAVE SEEN VINDICTIVE AND MALICOUS PROSECUTION, USED, WHEN SOMEONE WILL NOT TAKE A PLEA OR MAKE STATEMENTS THAT ARE NOT TRUE, BECAUSE, THEY ARE HONEST! I FIND, THAT WHEN EVERYONE, DOES THEIR JOB, OPENLY, IN SUNSHINE AND TRANPARENTLY, DOING THE BEST HUMANS CAN DO, UNDER THE MONETARY AND TIME CONSTRAINTS, EVERYONE FELLS GOOD, EVEN A DEFENDANT CONVICTED, KNOWING THAT SYSTEM WORKED, AND THEY GOT THE BEST SHOT THEY COULD GET! EVEN LOSING, IF THEIR SIDE OF THE STORY OR INCIDENT WAS TOLD, PUTTING FAITH IN THEIR ATTORNEY AND THE JURY, THEY CAN ACCEPT WHAT HAPPENS TO THEM! PUNISHMENT IS NOT THE GOAL, A TOTAL WIN RECORD IS NOT THE GOAL, SEEING THAT JUSTICE IS DONE TO THE BEST OF OUR CAPACITY, IS THE GOAL, FOLLOWED BY A JUST SENTENCE, AND PROTECTION, WHILE SERVING TIME OR SET FREE, IF SUFFICIENT TIME IS SERVED! WE CAN DO THIS PEOPLE, GOVERNMENT, LAW ENFORCEMENT, AND CRIMINAL JUSTICE SYSTEM . . . WE HAVE ALL THE LAWS ON THE BOOKS, WE JUST NEED TO FOLLOW THEM! MAKE AMERICA AGAIN! KISSES! WE ARE EVOLVING! STARTING WITH "LOVE" SPELLED BACKWARD! AT THE END OF THE DAY, BE ABLE TO LOOK YOURSELF IN THE EYE OR THE MIRROR AND SAY, I DID MY BEST! THAT IS ALL WE CAN EXPECT! PERFECTION IS NOT THE GOAL, IF WE WERE ALL PERFECT, WE WOULD NOT NEED THE CONSTITUTION OR LAWS! ANGELS ALL, WE ARE NOT, BUT WE CAN DO BETTER THAN WE ARE! HAVE A GOOD ONE!

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