Flagrant State Complicity op-ed
December 23rd, 2019 by: Ennis R. Patterson
In came the corrections officer (C/O) moving about the human warehouse (inmate housing unit). To-and-fro he went as if he were in search of someone specific while curious inmates looked-on. Eventually the c/o waylaid a particular person whom have been housed in this warehouse of Belmont C.I. as long as I can remember. The officer ceased the inmate, festered him, and led him away.
The very next morning this inmate whom had been so desperately sought the night before, was poised at the desk of the c/o's while he and they parley. This person whom is known by inmates and C/Os alike as a penitentiary dope dealer, though not explicitly, seemingly has it all as the state allows him to carry-on in his illicit activities; i.e., if the situation at hand had anything to do with his dope dealings.
How is it that the state is to blame for allowing such illicit activities?....well, it's quite simple. The officers whom deliver the narcotics to inmates are employees of the state, are they not? And make no mistakes about it, the state is well aware of C/Os who have tendencies to be involved in flagitious doings. Numerous officers have been arrested and convicted in several states for crime committed while on the state's clock,1 specifically for bringing in contraband and drugs.
Here in Ohio, at Belmont, an officer was arrested on July 10th, 2018, for conspiracy to distribute narcotics. Mind you, the warden here have been indicted for other crimes. I won't get into other instances, which have been several in my
1 approximate three year stint here. In my lawsuit against the State of Ohio (case no. 1:19-cv-1524) the July 10th incident served as one of my grounds for the suit. So again, the state is well aware of these frequent recurring criminal incidents. It is my belief the state rather these activities continue for one or two reasons. One: the state may, at will, have it appear they are altruistic as it relates to the incarcerated, and suddenly make arrest of several persons, whether inmates or employees, and further solidify a bottom line of keeping prisons full. Two: it makes sense for the state to turn a blind-eye to these crimes as the state see these activities as a benefit to C/Os in that officers are kept happy with the extra cash they receive for supplying the goods; hence, relationships between the officers and the incarcerated are cordial which is exceedingly important for the state since they see inmates as assets. One could make the induction this cordiality was demonstrated by the inmate, a well known prison dope dealer, whom was described as parlaying with C/Os the day after he was led away in handcuffs. Furthermore, since drugs are so amazingly prevalent in American society, it may also make sense for the state to allow drugs, though not by way of prison policy - yet, so that inmates whom are of a particular drug dependency may remain level-headed....and of course that depends on drug type and mental status. There may be other political reasons.
Whatever the reason may be, it's obvious the state has no interest in quelling the prison drug problem, a problem that has plagued prisons for decades. By way of actions, or lack thereof, the state is complicit to the prison drug problem and all debacles arising subsequently. They (the state) have the power to put an end to the narcotic problem if they choose. Measures could be set in place that would greatly diminish the chances of a C/O delivering uncontrolled substances to the prison population. The measures though, would take money and exact strategic organization which seems to be something that causes the state to balk, especially anent dealings concerning convicts.
Do They Wanna Rehabilitate, or What?!
Perhaps the state could consider concentrating on doing away with administrative desk jobs having more to do with fiscal year bottom-lines than rehabilitation, and focus their attention on more jobs to ensure safety and promote humanity; i.e., jobs and systems to ensure drugs are not entering prison gates, trained professionals are heading the many inmate social classes - opposed to the inmates now heading them, and personnel needed to properly maintain watchful eyes over prison institutions are hired. Would this not be a means to satisfy the state's jobs ends while ensuring humane functionings of prisons - if humane functionings be a true goal? Would this not satisfy fiscal year bottom-lines and rehabilitate?
In prisons where the population is beyond double capacity filled, one would assume hiring more professional personnel would be a given. But since state official's main objective is dealings consisting of pecuniary conclusions - conclusions equating to benefits for high ranking state employees/employers - prisons full beyond capacity makes all the sense in the world, while hiring professionals equate to shooting ones self in the foot.
Registration/Sex Crime Flim-Flam
The state's complicity go further than partnering with drug dealers. The State of Ohio overtly supports a known canard in regards to sex crimes and base all laws related to such on this false reporting. All sex crime laws and registration laws are based on this debunked report. The report was wrought by a charlatan treatment provider whom claimed he could cure sex offenders with "aversive therapies" including, but not limited to, electric shock and pumping ammonia into offenders noses.2 The treatment provider also claimed sex offender's recidivism rate was 80% which has been proven by numerous studies to be catagorically false. The many studies conducted exposing the canard are hard to keep up with. Studies by forensic psychologist, law school professors, authors, the Department of Justice, Bureau of Justice Statistics, California Sex Offender Management Board, and too
3 many others to name, all agree that popular information pertaining to recidivism rates and behaviors of the vast majority of sex offender's is unequivocally false.
Segments of these studies speak of the dangers faced by sex offenders when information about their cases are made readily mundane throughout their neighborhoods. The dissemination of such information can and has resulted in property damage and critical bodily harm - even death. The state is complicit to this contemptible behavior/these crimes as they have chose to not promote the truth, and not to educate the general public. Here in prison, the State of Ohio has made it ritual to ostracize sex offenders from good time, participating in programs (unless it be sex programs meant to perpetuate the ruse of sexual predators lurking), and all jobs outside the prison gates - regardless of the degree of the sex crime.
Ohio prisons has some jest of an agency known as PREA meant to console and counsel inmates whom have been sexually abused. Maybe inmates wouldn't sex PREA in a sardonic sense if the actions of the state were not reflective of the supposed general sexualized prison zeitgeist.3
Am I suggesting those whom commit sex crimes ought not be punished? of course not; there should - as it has - always be prison time imposed for those whom commit heinous sex acts. But when we come to an era where a canard dictates criminal laws, something is truly amiss; especially when study after study and scholar after scholar provides proof of sex and registration laws having no tangible legs. Plus, we should also consider the factor that mainstream American play in all this (i.e., as it relates to persons whom do have genuine issues with sexual misbehavior).
'Sex sales' is a motto persons in positions of power in American entertainment have adopted. There's a projection of sex explicitly or by way of innuendo in movies, music, T.V., and sports. How can we be a nation constantly airing
4 our grievances as it relates to these so-called abhorrent people whom have been convicted of sex crimes, but have nothing to say when it comes to a prevalent axiom throughout American culture that glorify sex. The state's/nation's clear disregard for doing more to curb the sex sales rhetoric can ultimately mean only one thing....they are content with these goings-on and thus, are complicit in all vile, tragic happenings unfurling as a by-product of sex sales, sex canards run amuck.
All in all, as usual, it comes down to a money issue. With violent crimes waning, how do the state keep these newly built human warehouses 4 (prisons) full?....for them (the state) it's quite simple - criminalize more activities. And since politicians are aware most people won't take it upon themselves to study and/or research the gist of why and how laws come to be, or research other issues concerning law and judicial matters, they can do as they wish without gainsay of citizens. Never do state politicians ponder the antipathy building among the tax paying people, people whom are at least leery of social and political happenings seeming to be misplaced; ;all many politicians see is fait accompli/big bucks.
Subject Matter Jurisdiction (Has Anybody Seen My Complaint?)
According to specific codes, rules, and precedents governing U.S. law, subject matter jurisdiction (smj) must be established before a court can hear a criminal case of an individual charged with a crime. To be blunt, a criminal court has no power over someone accused of a crime, or authority to hear/preside over a case if certain steps are not taken before-hand to ensure smj. The steps includes dealings concerning warrants, warrant returns, and original police complaints. But since Cuyahoga County of Ohio (Cleveland) is so overly debauched, these steps are frequently manipulated by police and/or prosecutors. This criminal activity/violation of constitutional laws is so overt and brazen, that is, in the eyes of prisons savvy to law, that if found out and exposed, several prosecutors and police officers of Cuyahoga would probably be arrested themselves.
It's possible a sting could unfold reminiscent of the past exposé of Cleveland which involved Dimora, Russo, McCafferty, and Terry. (if there's a person of criminal justice authority reading this op-ed, especially if they are partly of a conspiracy of some sort, I must have scared the hell out of 'em with that last sentence)
What seems strange to me is when I received my "Bookmarked Appendix of State Court Record" from the Ohio Attorney General's Office, which was filed on the 28th of Feb., 2019, in regards to my habeas corpus - case no. 1:18-cv-2096 - which is still pending, there was no warrant, warrant return, or police complaint within that Appendix.
Why not would these highly significant documents in which my entire case was predicated not be delivered by the state? Could it be a person can be sentenced to 20 years to life but have no legitimate complaint or warrant return? These ghost documents which acts as stipulation for the trial court to assert jurisdiction should trump and preceed all other documents since they are the foundation of all subsequent adjudication. Do someone have something to hide? Are ghost documents of the specified type a ritual when it comes to Cuyahoga authority? I ween most certainly, and a muckraking probe ought commence impromptu.
It now becomes clear to me why I was denied a preliminary hearing (PH) although I requested one during my first court appearance on May 28th, 2016....that state knew they would be unable to produce evidence of a sex crime - why? because no sex crime occurred and all documents obtained, including recorded video of so-called victim(s), reflected as much. It's important to note prosecutors attempted to hinder video evidence from being relevant to trial court.
There are U.S. constitutional laws and criminal rules that guarantee the accused particular processes during litigation. One of these processes is a
6 preliminary hearing. Soon after I requested a PH I was packed into a van of Cuyahoga county authority and driven to a suburb of Cleveland. For nine days I was housed at this place of this suburb known as "The Workhouse"; this place is about 10 to 12 miles from Cuyahoga County Jail where I had requested a PH. Mind you, by law a PH must be held within ten days after being formally charged with a crime, and once a person is indicted they are no longer entitled to a preliminary. But when prosecutors know the evidence they obtain is wanting, they can count on a culture of corruption in Cuyahoga that side-step law enabling these vile prosecutors to maneuver in certain ways, hence, circumventing smj issues and preliminaries.
(smj) Dispicable Games
While jailed at The Workhouse I was indicted and transported back to the county jail and told I was no longer entitled to a preliminary. I was then placed in a cell with human excrement smeared over the walls for about 2 hours. Then I was moved to another cell with no working toilet for about 4 hours before I was finally led to a pod in regular population.
When answering claims of my habeas corpus petition the state had the nerve to suggest I forfeited my right to challenge the preliminary denial since I didn't object by way of motion before I was indicted. I responded by asking how do I object when I was driven to another city without access to a lawyer, law library, or properly working phone.
These type of dispicable games criminal justice authority play in the City of Cleveland, and State of Ohio, which results in constitutional violations are so common and systematic, and so thoroughly culturally embedded, any resistance of persons of authority with a conscious are recognized as threats and instantaneously black-balled.
The state, whom have the ability to put a stop to most corrupt doings of
7 individuals they employ, is culpable of all degrees of unethical behavior state employees are involved in - professional or otherwise.
This Could be US (Hong Kong)
As the tax paying people become more aware of the state's foul tactics and questionable doings anent the criminal justice system, the more their eyes will will become open to the afoot hijacking of society by government officials - in contrast to what the forefathers claimed shall be a government ruled by, and reflective of tax paying people. And the people most certainly do not want a multifaceted corrupt filled power structure; and while these wily unethical elected, or voted in, officials assume the people are repose and apathetic, they (the officials) ought be taking note of the unfoldings of Hong Kong.
When all other ways of peaceful protest fails, including lawsuits, petitions, and picketing - history reveals more extreme measures of disruption and bedlam usually do bring change. While on the subject of protest by way of lawsuits, let me positively mention I've sued the prosecutors of Cuyahoga County (Patterson v. Prosecutors of Cuyahoga County - case no. 1:18-cv-738) and the State of Ohio (Patterson v. State of Ohio - case no. 1:19-cv-1524). Both suits were dismissed for failure to adhere to technicalities of civil procedures. Neither suit was dismissed as frivolous or malicious which means I can regroup and refile these suits in a more proper manner. In fact, both suits were dismissed without prejudice.
There's one aspect of the dismissal I'd like to zero in on to discuss as I see it as troublesome. The 11th amendment of Ohio Constitution holds Ohio is immune from a lawsuit of one of its citizens unless the State of Ohio consents to the suit. When I read this part of the dismissal I thought maybe it was a typo. You mean one must ask to sue? That's like someone breaking into your home and stealing all your valuables....and once you
8 discover who the culprit is you give them a call to ask it it's o.k. if you file a lawsuit against them. It's absurd. But one should think, a state functioning in a humane, moral way with the interest of its people being first and foremost would have no reason to fear a lawsuit as it would be a cinch to argue on the state's behave. On the other hand, when a particular state is aware that their doings are illegal and daily operations related to the state, especially in a criminal justice sense, are questionable, it's easy to see why a state would do all in their power to stymie civil rights claims against them. With such amendments, as the 11th of Ohio, the state spontaneously deflect all tort.5 Again, think Hong Kong.
My lawsuit against Ohio spoke of inhumane conditions such as: 8 toilets for 288 inmates (a high Hepatitis A risk), two inmates crammed in a 7ft by 5ft space to live, an unbelievable amount of drugs (mostly brought in by State C/Os), C/Os indirectly fomenting riots, inadequate health care (especially dental), and inmates constantly sold outdated food and allergy medicine - among other issues. The state is ultimately responsible for all these issues, even the behavior of contracted agencies. My future lawsuit(s) will expose even more contemptible doings as I continue to witness flagitious/questionable happenings.
If there's a state official of authority perusing this op-ed who wish to prove me wrong in my assertions, or rebuttal in any way, please feel free. But of course - I know....I'm just a nobody citizen with no political power, and through I write nothing but truth, the state have nothing to fear of my trifle voice.
This op-ed was evisaged and wrought entirely by wrongfully convicted, totally innocent E.R. Patterson
Endnotes and References
1 Search corrections officers arrested for crimes.
2 Search: 1985 Psychology Today article claims sex offenders recidivism rate is 80% / Solicitor General Ted Olson
3 Things prisons/the state wouldn't do if they were truly discovering pruriency among men: 1 Have two men living in an area that is about 7ft by 5ft. 2 Remove shower curtains (curtain covered upper torso to knees, so curtains were not concealing activities in the shower). 3 Allow C/Os to make gay sex jokes - mind you, Belmont C.I. is a prison institution of mostly sex offenders.
4 I often refer to modern day prisons as warehouses because that's exactly how they have been designed since the early 90s for the most part. No more bars and cells, just open space and tight cubicles.
5 In the state's defense, if people are allowed to sue at anytime for anything, an unfathomable amount of frivolous lawsuits would likely be files. Still, some type of system or contingencies ought to be conjured to allow citizens to sue without the state's consent.
Contact this author:
Ennis R. Patterson
P.O. Box 540
St. Clairsville, OH 43950
Op-ed to be served on Ohio U.S. Senator(s), Ohio Governor, Ohio Attorney General, Cuyahoga County Prosecutor's Office, Belmont C.I. Warden, Cleveland Plain Dealer, and others.
Flagrant State Complicity
Obviously the state has no plans of addressing the prison drug problem; in fact, their lack of action screams of their satisfaction of these happenings.
Do They Wanna Rehabilitate or What?!
Understandably, a given state wants to create jobs as a way of creating more tax revenue. But why not create more sensible jobs? E.g., why not hire professional cleaners (or create a paid cleaning position) to regularly clean the scum and mold in prison restrooms, while doing away with un-necessary boondoggle desk jobs? It seems the state would consider such suggestions, as this one and suggestions on page 3 of op-ed, if they are serious about humanity.
Registration/Sex Crime Flim Flam
The many adversities some have faced as a result of registration laws based on a canard can result in massive civil claims. But if it came to be, would the victims have to ask the state to sue?
SMJ (Has Anybody Seen My Complaint?)
Particular judicial laws/rules seem to be a factor only if it's to the state's benefit.
This Could be US (Hong Kong)
The people are well aware of the state's duplicity. They will (many already have) in time recognize the state's complicity to crimes as they'll eventually conclude there's no other possible reasons for such embedded corruption. Histor suggest they will rise up.
Ennis R. Patterson
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