Transcript
As I study what our founders of the Constitution and the Bill of Rights sacrificed for the freedoms most enjoy today, what went wrong with our laws for so many? I can't help but think that this culture of prisons would be a disappointment to our great ancestors who gave so much, often in blood and life. Also, as much as this is not just about me, I sometimes wonder how my life would have been different had I not lived on a farm and received a real education. But I refuse to live in self pity or in the past. I can't begin to tell you how shocked I was to learn there is absolutely nothing in the Constitution or Bill of Rights about what state law allows as "Hearsay Exception." Such laws that are deliberately used to circumvent and explain away real physical evidence with rumor, often rudimentary gossip that's only purpose is to destroy a person's character, all unsubstantiated. How have we as a people become so callous and truly insensitive that I fear our progenitors of what was truly a great nation would feel nothing but shame if they could see what we have become. What ever happened to honesty, integrity and virtue? As Sandra day O'Connor said, "To preserve and to protect." What makes the Constitution worthy of our commitment? First and foremost the answer is our freedom! I may well be self-educated but it was such ideas that maintained then and now. I am my brothers and sisters keeper. When we are willing to live a lie, even for freedom, it has a consequence on all others that would ever stand in my place. Now close to thirty years in this man made hell on earth, I am reading all the amendments of the Constitution. It's the 14th Amendment that sounds the most powerful and far reaching. None has done more to create a nation in which the federal government has the power to remedy injustices done to citizens by the actions of the states. Section 1, with its guarantee of "equal protection of the law" and "due process" and its directive that no law should abridge the "privileges and immunities of citizens," ensured that Congress would have clear constitutional support for its actions under the Civil Rights Act of 1866. And it's been used many times since. Just look at the 1996 (DOMA) Equal Protection under the law. So I have to ask, in the words of Sandra Day O'Connor and others, where was my equal protection when you give the state courts and district attorneys such absolute power and authority to reduce a case, a person's life, down to "hearsay only?" because 1 in Deputy district Attorney Nancy C. Joliffe's own words "To allow such evidence would impeach the only witness against me." Please try and understand. If you are on one side of a courtroom then you hear on the other side of the courtroom a district attorney like Nancy C. Joliffe tell a jury "We are going to ask you to convict on hearsay only." is there anything you would not do for equal protection, to prove your innocence. One would think in such a scientific age and that of civil rights and liberties that if the State is going to use hearsay exceptions as their form of evidence then they need to balance procedures for reaching the truth. Such drastic times call for drastic solutions and not jus for the innocent in prison but for all those who were just in the wrong place at the wrong time. Even for those about to be considered for parole. I'm not talking about a normal polygraph but what the military calls "Brain Mapping." That has a very high success rate. It's the use of a Petscan, what they used to cal truth serums like Scopolamine, while in a hypnotic state on a polygraph. Historically, the proof is there if the courts are truly interested in the truth; If you look deep enough, past all the white noise, the clamor of politically correct thinking. Did I not have the right of equal protection, to have a jury hear the truth, the whole truth, and what price would you pay to prove your innocence? I talked with my case manager, Lt. Fitzgerald, just a few days ago. She congratulated me for not having a write-up, what they call a report, in over fifteen years and that one was petty, not willing to work in the kitchen after they took my previous job and gave it to another. Also, I've never had an act of facility violence. All that said I must ask what's missing in such a picture of others and myself who never have behaviors, physical or psychological, that the courts would have people believe my best friend and wife, Karen, asks me why is it that such people like inmates and myself are not judged by their behavior rather than pasts based entirely on hearsay when all real evidence paints a very different picture. One that people like Sandra Day O'Connor and of the associate justices would say our civil rights have been violated. I also learned that it's a very sad truth that CDOC has no problem with the stacking of sentences based on the very same hearsay evidence and never gives us the chance to progress just because we refused to take deals, admit guilt or a hundred of other reasons. One good case in point, by any standard because others and myself are low risk, over the age of sixty, have done more than twenty years, have no points, are listed as 2 Minimum, but because of the CDOC rules are overrode to Medium so no progress and nothing ever changes. I suppose what I'm truly hearing when people tell me I have nothing but time is regardless how good our scientific methods become, such tests will never be allowed; no advanced forms of polygraphs, no brain mapping, no petscans or any other scientific measures will be accepted just as real evidence was pushed to the side. So much for equal protection under the law. I am alone. Not self pity, just a fact. I will die in prison. All for politically correct thinking and the 18th District Court played fast and loose with the truth. Even now I learn just how far the will go, and did. How do I know this? First of all the evidence is there if anyone would just look. Also, if the politically correct thinking was not so real, do you think a hungry attorney would not have taken such a case if for no other reason than to build a reputation, a true status. I'm sorry to say they know what I do, no evidence allowed! 3