Imposed incompetence

Smith, Joe (TAII)

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"Imposed Incompetence" By: Joe (TAII) Smith "Imposed incompetence"; an evolving circumstance or event or action designed or intended to deprive a person, agency, group, entity or other, the ability to sufficiently or effectively assist in their defense. This term speaks for its self, but thats assuming you have heard it before now. The fact that you have not, is not entirely difficult to believe as with fact, 'those who impose such incompetence' upon others do not wish to be exposed for it. However, it's no surprise you still want to know who, or how, and thats what I will be explaining in the following pages... ...Just know this... "Corruption relies on leverage..control..accessibility..convenience and politics...and...sympathy...(not necessarily in that order) I didn't expect to see the inside of a jail or prison when Detective Faulkner called me and asked me to come down town and look at photo's of suspected perpetrators of the recent assault I reported approximately a week prior. "Corruption is a word that means nothing to anyone until they become a victim because of it." This is a very true fact that supports the more commonly known quote, "power is corrupt, and absolute power is corrupt absolutely." This is a lesson I've learned the hard way and am still learning from. The depth of corruption in our government is catered to by the ignorant population and inexperienced. 'Imposed incompetence,' is the event or circumstance or action that is heavily relied upon as a method to deprive any person, agency, group or corporation or entity a fair or reasonable opportunity to assist in his or her defense effectively or sufficiently. This should not be taken lightly as it is an on-going act by many officials everywhere. Before I was abducted by this elite government tool and arrested for crimes that I did not commit, I was a licensed tattoo artist, had long hair and rode custom motorcycles, had a beard, played guitar and wore leathers frequently and was quite literally the typical bad boy image that according to stereotypes; not the guy that you wanted to show up on your doorstep to take your daughter to the the prom. However, I was actually a very well educated person, very social, and respected by many people because of my profession as a tattoo artist. I recorded music, taught a few guitar licks to inspire others to music and harmony, I enjoyed socializing. But none of that mattered when I was lynched by my own family. As a tattoo artist, I made $150.00 (one hundred, fifty dollars) per hour average and was planning to open another shop in Oklahoma, soon as the ban was lifted. This was my family's idea. But, when Oklahoma finally legalized tattoos there were too many hurdles to jump. So I told my family I'd have to relocate to Texas again and re-open my shop there. My mother was the one who suddenly tried to put shackles on me to keep me around. She had been codependent on my generosity with watching her grandkids or giving her money to pay her bills or rent. When she realized this was something to lose if I left, she'd find a way to convince me to stay longer. Slowly I began moving away, further and further so I could become less available or convenient for her. She began threatening me by using her grandchildren as pawns or leverage with ploys of disappearing and never seeing them again. She exploited my love for my niece and nephew and began making improper and absurd insinuations such as, "you're a grown man, and should hang around people your own age." This was usually because my nephew and I played video games together, or I would play dungeons and dragons with both my niece and nephew which led to my niece wanting me to help her write stories. That was about once or twice a week when I'd visit. The amount of time and money I invested with the children was a priceless experience, but (Diane), my mother, was greedy and pitiful with her gambling habits at the local casino or bingo machines. Again, none of this matters to anyone when a crime is a alleged. Especially when the crime is considered "heinous." I could go on and on about my 'good-nature' and my honesty that defied my actual image stereotype, but it will only deviate from the actual issue I want to raise and reveal to you as a blind spot that has long since been a key factor in preventing a person from getting their conviction over-turned and convict anyone for any reason without evidence. I say this from actual experience. The appellate court, judicial district court and even the Supreme Court uses it. According to rules of procedure and the evidence code, the prosecutor merely needs to persuade a jury to believe him over the defendant in any case scenario. This is true only for corrupted courts. The prosecutor is permitted without penalty of perjury to lie to the jury and invoke the jurors prejudices playing on their sympathies so much that even when the material evidence and witnesses reveal inconclusive or unreliable or untruthful, the jury is unaware of the evidence, and makes a ruling prejudicially favoring the sad or scary tale of a story convincing them to believe what was essentially proved unbelievable, manipulating a guilty verdict. My court appointed counsel advised me of a plea offer of 20 years D.O.C to avoid a jury trial, after I pled not guilty and demanded one. When I refused to accept the offer, I was threatened with five [?] life sentence, saying that was the maximum penalty and if I refused the plea offer they would seek the maximum penalty. This was extortionism at its finest in the form of retaliation. I did not believe a jury would convict me as the evidence was fictitious, and I proved it. Little did I know that false police reports would be filed initially that ultimately led officers with intent to corruptly pursue and coerce witnesses and fabricate evidences and lie all without fear of penalty of perjury or any prosecution. I don't understand the basis by which I was convicted. Every time I have shown the court evidence as cause for dismissal or appeal or new trial, it prejudicially provided me with this response: "Any issue, which could have or should have been raised at direct trial or appeal or direct appeal is considered as being waived, and is thereafter unacceptable for review or consideration." This reply was given with virtually every motion or complaint I raised in post conviction appeals, sometimes including the statement that it was an 'incomprehensible pleading' as it was characterized prior to the issues raised. My issue was "intentionally ineffective assistance of trial and appellate counsel," as counsels appointed refused to raise issues of corrupt officials in clear violation of the duties of the office of law they were instructed to uphold, by violating various laws against production of false witness, and false police reports and lying under oath of the court when giving testimony, and fabricating evidence, drawing prejudices and sympathy from the jar coercing a "hung verdict." Without getting into the specifics of my cases, I learned that anyone can be framed for crimes they didn't commit so long as counsel is immune from prosecution and officers and prosecutors are immune to prosecution. They have a license to lie, manipulate and fabricate, extort and retaliate without penalty. So, because my counsel refused to raise the issues I wanted them to raise, at trial or on direct appeal, then as a result, I am not allowed to raise them myself in any post-conviction appeal. This is why I said that counsel, was "intentionally ineffective" and because of this negligent behavior "incompetence" was therefore "imposed." The court wont even acknowledge that my claim of "ineffective assistance of counsel" was legitimate whereby evidence was shown that counsels negligent behavior to critical evidence that proves my innocence was more likely than not, as alleged. Counsel refused to call my witnesses or even investigate my alibi evidence and witnesses. He instead sought to mislead my witnesses about what they knew. Coercing speculative responses, what astonished me most was when he attempted to coerce them in front of me. I tried to dismiss the counsel, but did not have the proper words available as this process was all new to me. The judge refused my request for a different counsel. He claimed I had the best in the region and was not getting a new one. So I was forced to rely on (Mr. Frock), my appointed counsel whose negligent manner was so openly corrupt, I already believed I was getting convicted just by his attitude. Other ways to identify "imposed incompetence" is as follows, but not limited to: 1. Arrested under false pretenses 2. When you are automatically arrested and labeled a 'defendant' meaning that the alleged victim automatically gets the prosecutor and named "victim." If I had a choice I would have demanded challenge for the title of victim or defendant. 3. Prejudiced or biased investigation 4. Deprivation of alibi evidence 5. Deprivation of alibi witnesses. 6. Coerced or intimidated witnesses 7. Fabricated evidence 8. Official misconduct by false police report filing. Intent to inspire prejudice. 9. False certifications of official trial and hearing transcripts which contain inconsistent and false descriptions and events and order of testimonies intended to deceive any subsequent reviewing authority. 10. Reading you miranda rights; which means anything you say is subject to false or misleading reinterpretation. Now, there are ways to prevent this depth of corruption but I have little faith that anyone actually cares. The reason is simple, it brings to mind another story I wrote called "so...you want to be a sex-offender..," which points a serious finger at society and their desire to 'support and offer aid to the problems' with our corruption in the judicial systems and labels that are broadcasted prejudicially by registry requirements, instead of being part of the solution. Meaning simply that if you aren't part of the solution you must be part of the problem and all that is left to state is "so...you want to be a sex-offender." If you can beat a charge like that you are a man or woman of means and money. Or officers didn't feel up to the framework. It's a prejudicial pursuit by authorities, to cleverly require "sex" as part of a charge in the name of the offense. Assault and battery, domestic violence is the actual offense, to name it as a "sex-crime" is as unnecessary as calling a thief or burglar a "money molester." No matter how much partying or sex a person engages with the stolen property or money, there is no registry for "molesting money." "Criminal registry" would be more appropriate, and less discriminatory and should not be available if a person remains incarcerated, by allowing charges of prejudicial nature to be posted on internet or registry it enables the required segregation or division among prisoners, as prisoners access to internet to 'paper check' other prisoners with intent to extort them or make their time difficult. Imposed incompetence can be reduced by providing all charged persons with a form that allows them to tell their side of the story and disclose all his witnesses and alibi evidences so that a fair and reasonable investigation can be conducted. Followed up by questionnaire of subjects or issues that should be reviewed closer or examined further until satisfactory, so that the court cannot discount the issues and your counsel should be obligated by law to raise these issues. And justify why he or she should not raise these issues. Disappointing a judge should not be what prevents the lawyer or counsel from raising issues, but unfortunately, judges shouldn't be able to identify defense attorneys. Because of corrupt law enforcement and judicial bias, a defense attorney should be virtual and anonymous so he can raise corruption or official misconduct or prosecutor misconduct and cite judicial bias without fear of retaliation or direct prejudice with his or her next clients. Its disturbing to know that 20% of the prison population is innocent and that only 10% have been able to overturn their conviction, but what is more disturbing is that society acts as an enabler by not seeking out the proper solution to prevent it. This is 'subliminal coercion,' so long as private persons continue to bloom and grow, people may not require convictions to get a prison number. Enforce accountability- imposed incompetence is unacceptable. There are a group of bullies in every crowd that may review my words and laugh or joke and make wild claims that I am just whining because I got caught for committing crimes and want to blame everyone but myself...," but that is what all bullies do. They redirect allegations to draw you away from facts that could expose their true nature. Whining doesn't mean I am wrong or guilty, but it does set the example of hurt, that each and every one of you and your children will feel when you discover I am telling the truth and realize you waited too long because you yourself have become a victim of "imposed incompetence" when some officials coconspire to frame you for crimes you didn't commit and put you in a position with a heinous reputation as alleged (falsely), and no one will take you seriously, but will take full advantage of your convenient ignorance of how prejudice can manipulate people to ignore right and wrong because a prosecutor is extremely good at weaving a terrible story with combined facts and fabricated evidences to make it real enough that you are emotionally blinded and will ultimately believe the story over the facts. Learn about laws and prejudicial bias, learn about corruption, they don't teach law in regular school, but they should. If they did, it would be more difficult to achieve a conviction without real evidence. Dont fool yourself that God will save you or that karma is on your side and use that as a means to justify not doing anything because 'idle hands is the devils workshop' I can just as easily convince you by saying God inspired me to write this, but in truth God has no desire to intervene with the laws and events of man. Your free will and your choice and determination to act or behave good or bad is not something God will directly assist you with, God only points you in a good orderly direction. God is not going to prevent a terrorist from killing millions of people, God will not stop your brother or father or mother from taking advantage of your exposed or your exploited sexuality. God only provides a direction on how to cope with it afterward and if you are intelligent enough, how to prevent in the future. "Imposed incompetence should be illegal," for anyone, no immunity should be granted. "Imposed incompetence" is a tool by evil intentioned people, agencies, groups and corporations and especially state officials where it was created. This issue should be taken serious and literal. Talk about it on twitter and Facebook and make it go viral. Lets address this epidemic today. I seek no fame or fortune but I would appreciate the credibility so that when I continue to raise this issue in the court of appeals, they cannot simply waive it away and dismiss the issues as frivolous. Because frivolous is the excuse the officials will rely on when they are raping you or your family, killing your business or bombing your city or country because officials are immune and cannot be prosecuted or charged for committing any violation unless you catch them red handed or in the act. And even then you will be lucky if they are held accountable. Don't do nothing, devils love that. Transcribed in 2017.

Author: Smith, Joe (TAII)

Author Location: Oklahoma

Date: October 19, 2016

Genre: Essay

Extent: 16 pages

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