To: Hamilton College - A.P.W.A. - Justitae Soror Fides
From: Brian Fuller [ID] - 125 PR4303, Hondo, TX. 78861
Re: So people will know the truth, and truth will set me free!
I am at a point that I don't know where to turn. I try so hard to ﬁnd the right words. The only thing I know how to do is to keep on ASKING, SEEKING, and KNOCKING. My prayer is that any insufficiency in these words may be compensated for by your ability to read between the lines using the eyes of your heart.
Although I've yet to find help with my case, hope is the fuel which keeps me going. Of the letters that get a response, finances are the reason for denying me assistance. So let me assure you I'm not out to put a burden on your offices' resources. What I need is someone to help me search for the individuals who can bring to bear the right knowledge and authority. What I need are people to help tell my story; thus giving me a voice, and preventing what's happened to me from continuing to happen to others.
It's a difficult job trying to help people with mental illness and I applaud the efforts of those who persevere day after day to provide us a better quality of life. It benefits both those of us who suffer and society as a whole. Sadly, years ago the Criminal Justice System began to be misused as a default mechanism for the shortcomings of certain state mental health care services. I am one of the many unfortunates who fell through the "cracks in the system."
My conditions fall within the Autism Spectrum of Disorders. Most of the time I do okay but if I'm assaulted, I over-react during a panic attack. Doctors often describe these episodes as being disproportionate to the stimulus. For three decades I sought help because I knew all the confusion, anxiety, depression, impulse control and short attention span were not normal. What I found was an almost impossible conundrum as criteria for treatment. When asked if I heard voices or if I wanted to hurt myself or others, the answer was no; but once the Police were called it becomes someone else's problem. I've never gone out looking for trouble or with the will and intent to commit crimes. My problems arise when my fight or flight response causes me to lose control due to my past traumatic experiences, concussions, and repeated head injuries.
On April 25, 2015 three men entered my home and robbed me. I was on the toilet when they came in and saw them with my wallet and phone. I immediately chased them and tried to get my stuff back. Instead of them giving it back, they attacked me. I used a hammer to defend myself. It was three of them against me. Three people were injured including myself. We were taken by ambulances to separate hospitals. I was arrested three days later. It's not a crime to protect your life and property when they come in your home and rob you. Texas Penal Code 9.41 calls this: JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY. It's often referred to as the "Castle Doctrine". It's not a crime to be poor; nor is it a crime to be mentally ill. Yet, Johnson County Texas took advantage of these factors to manipulate the system and violate my rights. Here are just a few of the problems with my case:
- COERCION, MANIPULATION, DURESS, INTIMIDATION
- VINDICTIVE PROSECUTION
- CONSTRUCTIVE DENIAL OF COUNSEL
- WITHHOLDING OF EXCULPATORY EVIDENCE
- INEFFECTIVE ASSISTANCE OF COUNSEL
- FAILURE TO PROPERLY INVESTIGATE
- INVOLUNTARY PLEA (I WAS THREATENED)
- THEY TOOK ADVANTAGE OF MY MENTAL ILLNESS
- THEY REFUSED TO LET ME GO TO THE LAW LIBRARY
My bank called me on 4/26/15, the day after the robbery to notify me they were freezing my bank account due to the fraudulent activity on my bank cards. On 4/28/15 the police asked me to come in for a statement. They told me since I was the victim I was not in any trouble and I did not need an attorney. That's how they tricked me into an interrogation under duress without counsel. I was suffering from a concussion after being hit in the head with the hammer during the robbery.
I was arrested that same day. I requested a lawyer the next day at my arraignment. I was denied a lawyer for 4 months! Both the denial of counsel, excessive bail, and denial of access to the law library were violation of due process.
Detectives came to the jail and had me to positively identify one of the robbers from VIDEO SURVEILLANCE FOOTAGE using my bank card that they stole in the robbery. Everybody involved knew it was a robbery gone wrong. Yet, the DA WITHHELD EXCULPATORY EVIDENCE from the Grand Jury. The indictment falsely stated that I went back 3 days later on 4/28/15 and assaulted two men. It said nothing about the fact THEY ENTERED MY HOME AND ROBBED ME.
The law has a system of checks and balances, that when followed, will prevent situations like mine from happening in the ﬁrst place. There is NO REASON for the VICTIM of the robbery to be given 25 years in prison while the perpetrators of the crime are allowed to go free thus continuing to commit more crimes! Those entrusted to uphold the integrity of the law abused their authority and mishandled this case. They railroaded me because of my past instead of focusing on the facts, Now I'm being stonewalled because I don't have a lawyer on my side.
This is a systemic problem; one in which their entire process needs to be scrutinized. At no point in this do the real criminals committing the ACTUS REUS, the true MENS REA of the CRIME, have more rights than the property owner acting within his rights under protection of the law, (T.P.C 9.41). Not having adequate legal representation is what got me into this mess. I don't have the knowledge and resources to go up against their well connected and firmly established alliances on my own. I'm in way over my head. Johnson County Texas is extremely corrupt.
I did not like what I was forced to do. Nobody can be expected to react in a manner that is completely beyond reproach in such a dangerous and stressful situation. How can the man caught on VIDEO using my stolen card be given a reduced charge in exchange for making false statements against me for the prosecution? Are there special loopholes in the law giving criminals reasonable expectation for their safety while they commit crimes and intentionally and willfully endanger VICTIMS lives in the process? This case has the potential to set precedences which should prevent others from being taken advantage of in the future. Thank you for your time and consideration. Please forward this to anyone you feel has the ability to help.
ACTUS CURICE REMENIM GRAVABIT
When wealthy celebrities commit suicide people always talk about how sad and what a shame it is. But nobody gives a damn about those of us who BEGGED for help year after year and were DENIED. George Zimmerman can shoot Trayvon Martin DEAD and get away with cold blooded murder because he gets millions of dollars in backing from the private special interests like the NRA. But the people who ROBBED ME go free because THEY COULD GET TOGETHER MORE MONEY THAN I DID! The mentally ill and the poor in America have their rights trampled upon day after day - year after year.
If you're: Black, or poor, or slow of mind, or queer, or simply - "Not one of their chosen elite" - Who will help you?
Who stands up for your rights?
For the Johnson County District Attorney to knowingly and willingly falsify the date on my indictment; and withhold the exculpatory evidence of them robbing me from the grand jury - for the purpose of pushing an enhanced indictment through the grand jury is illegal! Any interference with a grand jury proceeding is obstruction of justice. (Strickland vs. Washington)
This is against the law according to State and Federal statutes and also constitutes official oppression.
When the right people go to digging into this type of misconduct, they will find that this happens to a lot more people than just me! I caught those men in the act of robbing me - and the D.A. was willing to lie in order to lock me up!
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