God Never Gets Things Wrong…

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June 3, 2014

Dear Love,

Please forgive me for not communicating in so long; I truly feel I’ve neglected you.

And, that’s not fair to you and our beautiful boys. Your letters smell so good. I miss you all so much.

It’s gotten hard to write anything, trying to discover myself. But, I never want you to think i’m forgetting about you, ever. I love you so much it’s hard to believe how hard I’ve made your life. I wait for our second chance, so I might get things right. You have always been a beautiful woman, even without makeup. I’m just glad you kept me around. Let’s get to your letters…

I did think ….wanted to help. But, I also understand that people talk empty words. So, I’m guessing that’s what they were. I’m not worried about them helping as much as just trying to get more family involved. It means so much to people in here that others outside get involved. You have been the light God has sent me, and God never gets things wrong. I just have to allow God to work out His plan.

I’m still waiting for the money to get here. I’m afraid my cousin forgot it again, so I’m going to write her and ask her to send me books 2 and 3 of Game of Thrones.

August 4, 2014

It was great to see you and our younger son. He is growing up so fast. You grow more beautiful each time I see you. God is working all around and through you. I love talking with you about anything at all when you’re here; to listen to you both talk about whatever pops into your minds; to hear your laugh, they get to hear it everyday. I enjoy what little time we get to spend together.

Remember that you are complete as long as God is with you. That’s truly what we seek. I know it feels lonely, but know that God is with you and you are never alone. I’m glad you’re able to have some quiet time for yourself while the boys are at boy scout camp. I’m never alone. EVER! I think having quiet time alone is something I would enjoy again. I only have a window in my door with guards walking by every few minutes, and inmates. I hope the boys will enjoy this time, these school years, they are important ones. Before they know it, they will be gone.

Your letters smell so good (do I say that every time?). I miss a woman’s smell, your smell, so much.

8-6-14  Again, I haven’t received any money from my cousin, but I’m not complaining, just talking. I’ve tried to cut back even more on my eating, as I really want to lose this belly fat for you. I work out hard again an hour every day, and then run around playing volley ball or soccer. I have so much more energy, and I run even faster than I did before. I went out and played soccer, and they always put me on goalie; they said I disappointed them. And, I told them (Latino inmates) that they’d been disappointing me for some time. I’m learning to speak up for myself.

I’m doing well; my health is improving, not so much pain anymore. The guy I worked out with went to medium, so I’m not doing impact workouts like I was. I no work out with another guy, and he is more on form. I think this will work better for me.

Rochelle, I don’t hate how you spend time on the animals and farming, I just didn’t ever see the value in them that you do. I regret that. You have such a wonderful vision on things and I plan to develop mine better when I get out of here. I want to look into your eyes everyday, but I have to close my eyes to see your face, and sometimes it’s not clear. I want to hold you for more than a minute. I love you. I give so much praise to God for such a great woman such as you. You are truly a gift from God. I love you will all my heart.

 

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You are like Ruth, you never turn back…

Hey, look – do you hear me? That’s what they yell in here all day long. I hope to never hear that again when I get out…

I got an orange today for the first time since September. It was so good! The things we take for granted…

Today around 2 pm it got so cold. I wonder if they are turning on the air conditioner? My hands and legs were freezing. I did get a shower today, and that warmed me up some…I also did some push-ups; only two sets of 35, and toe touches. I noticed I’m losing some muscle mass as I don’t well enough to exercise fully.

1/10/14
I received your letters today, and your card. It reminded me so much of that one property we were looking to buy in the mountains before all of this happened.

Hey, I finally got a new battery for my radio! It takes about 3 weeks to get when you’re in ICON and indigent. But, they did put fish oil on the list of the limited things we can order.

I am reading on Ruth today. She is like you; you never turn back. You will only press forward, knowing God has a plan for your life. She worked so diligently and then became one of Jesus’ grandmothers. You, like Ruth, have courage and are a child of God.
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1/11/14
I was up late last night and couldn’t sleep. I started humming this little tune, and it got louder and louder, and then I looked at my watch and saw the date- it was the tune I’d sing to Alex when he was bouncing on my leg or when I would hold him when he couldn’t sleep when he was so small, so long ago!
Happy Birthday Big Bear! God is so great to put that tune in my head to remember you! That became a special tune for when I was with him, but I still don’t know where it came from! It made him laugh and coo, and thinking of that is refreshing to my spirit. God wants to remember all of the little things that bless us, but we never thank Him for. I love you, Alex!

You have brought me out of a pit

12/19/13
I feel God’s presence even more, as I work to get past feelings of negativity and doom.
I now see things in a different light. There is a new perspective and a way of looking
at what is sightly to God, not my own selfishness.

I will start a draft for the CPS complaint you told me to write so they are forced to see
the results of their falsified and incomplete findings. Guilford County must be made to rectify their illegal and unconstitutional decisions. They just say whatever they like on reports and then alter the truth to meet their own agendas of increasing their bonuses and trying to justify their funding, instead of looking fully at what is happening in the entire picture. They are never forced to see the repercussions caused by their mistakes and lack of training, even altering what they report to make themselves seem in a better light, while other children are receiving no help that they so sorely need.

They actually gave us a Christmas bad today – with ramen noodles, some chips, a rice krispy treat, a Snickers bar, and a Slim Jim type stick, as well as a granola bar. To some this would seem laughable, but to those in isolation who are not allowed to purchase ANY extra food items, it’s a huge treat!

I got your card today, and it reaffirmed what my humanness needed – a confirmation of love. I ask your forgiveness, you’ve been so strong! Please forgive my unbelief, how could I ever doubt? Your cards and letters have brought me out of a pit where I continue to throw myself and hide. My whole heart melted reading your card! With God’s strength I will build my self worth.
I thank God for a wife such as you! Even as they’ve torn the whole back off of the envelope due to your colorful stickers of angels on it.

Being indigent, I have to make my meals draw out longer, and I try to win as many stamps as I can, and hopefully they will give me a pair of shower shoes. Oh, and I have to send home most of my court papers and old mail as I am toting around so much stuff, and I can get in trouble. Just put the mail up, and get it out as you wish to write a book about all of this. It would make a great romance novel!

I now have NO idea who had been treating me or if he was even a doctor

kindness

12/16/13

I tried to sleep, but can’t get more than two hours at a time, due to the constant slamming of the door.

The CO’s just let it slam, and I guess the deprivation of sound is really taking its toll, so it’s like a gun shot.

At 3, 4 and 5 a.m. and of course, all through the day, but it’s the early hours that truly affect me the most.

It would be so easy for them to fix the release to catch softer, but that is too much to ask.

AT 7:30 a.m., the guard came to take me to medical. He stood there and waited for me to pee, and then belly chained and shackled me up.

Upon arriving  I am introduced to a man that was actually Dr. McIntyre. This hasn’t been the man I’ve been seeing for the past few months.  I truly had no idea that this man, Labor was not the doctor. I don’t really even know who ‘Labor’ is, now. He never wore a name plate as this man before me now was. I have no idea who was treating me or if he had ANY credentials to do so.

The Dr. asked me questions, and then agreed that I needed more fiber. Then, he had me take some liquid (God only knows what that was), and he said it would be quick to help, but nothing happened. I laid down and waited, and waited. Finally, five hours later, some relief, but still a sharp pain opposite the hernia area. I’m afraid there is a blockage.

I went ahead and wrote a grievance about the door, and I think it must really be like PTSD because I actually jump when these doors slam. People need to know that this type of purposeful treatment is wrong. Why doesn’t PETA focus more on people – they could probably get a lot done…In the back of my head is pain, and in my temples. I think this is from sleep deprivation. I don’t understand why other inmates don’t fight more to get any justice or relief. These feelings keep intensifying and I stay focused on God, even through the pain and suffering.  I asked a couple of CO’s to please not slam the door and they actually listened. I got a few more hours of sleep. Praise God!

 

12/17/13

I’ve put my 6th request on my door to see a psychologist. I still have that lump on my left side, and things aren’t right, either, but the nurse hasn’t come back. I did win 29 stamps on football picks. Go Ravens! They beat the Lions. They just talked about sausage balls on the radio. I miss it when we would make those!! All the Christmas goodies you would make – peanut butter cookies, pumpkin pie, fudge, chocolate covered pretzels- you loved to cook, and I loved to eat!

We were such a good team! I should be more thankful for what I do have, like my health slowly starting to come back. You in my life. This bible course that you ordered for me! These surroundings get me down so much, and everything you send helps me to focus and not let it all over take me.

12/18/13

Your visit today was SO needed; it seems so long since your last visit. Your energy helps keep me going. You didn’t say anything about the boys; are they acting any better lately? It seems you hardly ever complain about them anymore. It shows such growth in you! God helps us to see our own weaknesses when we pay attention to what about others we find aggravating. He is brought us so much closer. You could have forgotten me and went away…

No one would ever be treated like this in the outside world

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11/29/13
Well, no one has come to evaluate me for a better type of diet, NMT-3,
even though I’ve requested it several times. Also, my response to the
request for thermals came back denied, “Custody is only allowed to issue thermals to inmates who work.”

But, I’ve some how made it through another cold night, praise God! The air blows like hard like the wind in PA, that never stopped in winter. Even now when I sit to write, it beats on my arms, face, chest and hands, even making them blue. The nurse did come by at 5:30, praise God, and ask if I wanted pain meds; of course I said ‘yes’, and after eating could actually sleep a little, even with the lights on. You would go crazy in here, as they are never off. I wouldn’t wish this on anyone. This relief for the pain has been a tremendous help, and has at least given me some sort rest. Praise God for his works through you! And, for you to feel strong enough to stand up to these giants. They are truly bullies to us in here.

God meant for all of us to rest, but not in this prison.
The same people who administer these cruel conditions should have to endure them for a few months, this torture, and see if there is then any reform in the prison system.

 

Here is what happened with the heat, from what I can tell – it came on, and was warm for one day, and then the next day a mechanic was out, and then the lights were flickering on and off, like they were looking for what fuse was tripped, or trying to figure out why the heat wasn’t working. It was never fixed after that one attempt.

When I woke up this morning, after my time in the rec cage, I was throbbing with pain from the attempt at walking and stretching. Even with the meds, it still hurts to exercise, but I keep on because you said it would be best for the scar tissue and where the tissue is growing over the mesh.

12/1/13
Good morning, love. I went to rec again, it was inside this time. I can’t get over this pain – it has been seven weeks now, and I feel weird all the way down to the bottom of my groin. All of my male ‘parts’ are experiencing numbness, but they have done NO diagnostics, either before or after my surgery to see what is happening to my insides. I also have these sharp pains that throb down there, as well, and when I walk, it feels like something is rubbing inside. It’s hard to explain. IF they would just take me to a doctor who would do standard protocol, and xray or something, then they could better understand what IS going on, if it’s an infection or if something is wrong, they could fix it. I would never be treated like this in the outside world.
A man was put in here today, just for speaking during the Moorish Science Temple time in the chapel. The administrator said he couldn’t teach what he was saying, but the man didn’t stop. He was then given a C-3 charge for speaking on his beliefs. However, that won’t be on the official charge, of course. But, that same officer was also the DHO overseeing the case, which totally goes against policy. But, there’s no one to help us get any sort of justice.

part 6, end of complaint against Greensboro Assistant DA, injustice in North Carolina

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………end of 16 p. Formal Complaint against Assistant DA Hubbard to the NC Bar, asking for appropriate relief from wrongful imprisonment…

p. 567 9-10 “Well, I contend to you that you can believe Veronica.”  Finch v. United States, 867 A.2d 222,227 (D.C. 2005) (Improper for prosecutor to express evident opinion that government witness’ testimony had been incredibly straightforward.”) Diaz v. United States, 716 A.2d 173, 180 (D.C. 1997) (Improper for prosecutor to misstate the record by implying that defendant lied) p. 567 21-25 And I contend to you that if you apply those tests to the testimony of Veronica Palacios that you heard from the witness stand, that you won’t have any doubt that she is telling you the truth and that she is absolutely credible.” p.568 lines 1-4 In fact, the only question —— the only question that matters in this case is do you believe Veronica? If you do, then clearly the defendant is guilty of all these crimes. p. 570, lines 17-25       But, again, you know, she —— she —— at this interview she  wasn’t out to make herself look good or make herself look perfect or anything else. She was obviously out to tell the truth. And that’s what she was doing. And now, you know, because they have so little to —— to hang their hat  on —— MS. BAILEY: Objection. MR. HUBBARD: —— the defense is saying ——THE COURT: Overruled.

Powell v. United States, 455 A.2d 13, 16 (D.C. 1982) (“It is for the jury, not the counsel, to decide whether a witness is telling the truth. An attorney may not divert jurors from this task by injecting his personal evaluation as to a witness’ veracity…The prosecutor may not publically cast his vote.”) Dyson v. United States, 418 A.2d 127, 130 (D.C. 1980) (en banc) (Reversible error where porsecutor characterized dense testimony as “falsehood”, argued that there was “not a grain of truth in this defense” and asserted that the defense witnesses had “lied”) W

p.571, lines 1-3  Hubbard: – the defense is saying, Oh, well…cut it off, don’t watch the rest of it, don’t want to put it in context.”  Making untoward comments about assuming what the defense is saying. p. 571 Lines 8-25,  Imagine the most personal or embarrassing or hurtful moment of your life, whatever that might be, and then imagine – and it’s probably – hopefully for none of you that moment is that for four and a half years you were abused by – sexually abused by your father. But, in any event, imagine whatever that moment might be, and the imagine you were a fifteen-year-old girl, as she is now. And some of y’all have children and know…And imagine you had to go in and sit up here in this witness stand…But imagine you had to sit up here and look out at your family… p.572 lines1-6 But she did an admirable, commendable job of remaining quiet and respectful and cogently and intelligently telling you all these hurtful and embarrassing and terrible things that she suffered at the hands of one of the people who should have loved her most. He should have protected her from people like him.

Morris v. United States, 564 A.2d 746 (D.C. 1989) (Improper for prosecutor to invite jurors to imagine conversations between co-defendants)

ABA Standards for Criminal Justice, Standard 3-5.8 (a). (“the prosecutor should not intentionally misstate evidence or mislead jury as to the inferences it may draw.”) -taken from www.tdcaa.com/node/5266 A prosecuting attorney, though free to strike hard blows, is not at liberty to strike foul ones, either directly or indirectly … 21 This was improper because it was simply “a plea for abandonment of objectivity” rather than any legal basis for punishment. “Place yourselves in the shoes of the victim … How would you feel? What would you want?”22 Again, this is improper because it invites the jury to assess punishment based on a sense of vengeance rather than the facts and the law. p. 572 Lines 14-18 She did commendably well in telling you the truth about what happened to her. She has no reason to lie despite what Ms. Bailey said.

p.573 1-3 She didn’t do this because she wanted to get out of the house. She did it because she wanted the abuse to stop. She wanted her father not to be able to come in and have sex with her whenever he felt like it.

p. 574 –lines7-11 The only thing that this child had to gain from coming forward – well, a couple of things, for the pain and the abuse to stop and maybe hopefully to see a little bit of justice, to see that somebody does care enough to tell him that it’s not okay. In order to establish plain error, West must show that any error in giving the transferred intent instruction was “obvious or readily apparent, and that it was so clearly prejudicial  [*7]  to [his] substantial rights as to jeopardize the very fairness and integrity of the trial.” Id. (quoting Harris v. United States, 602 A.2d 154, 159 & n.6 (D.C. 1992) (en banc) (citations omitted)). Aralles with  8th Amendment NC & US Constitution   8th Amendment NC & US Constitution   Article 26 – Bail.  Northern California Innocence Project brought a state habeas petition, which was granted on the basis of the cumulative harm done by egregious prosecutorial misconduct.

……..

Where is the justice here?

Unanswered Grievance to the NC Bar after 2 years, prosecutorial misconduct, wrongful imprisonment

……

Dyson v. United States, 418 A.2d 127, 130 n. 5 (D.C. 1980) (Prosecutor has ethical obligation not to express personal opinion on guilt.) Sherrod v. United States, 478 A.2d 644, 657 n.15 (D.C. 1984) (Error for prosecutor to express “personal belief in appellant’s guilt.”)

Lines 14-17 “And, of course, that’s the crime that occurred when they first moved back to Greensboro to 2021 Rankin Mill Road…and obviously Veronica testified to you that there were-began about a month or so after they –they moved back. Lines 25-26, “He’s the one who’s (sic) creating the situation where there’s so many times that he’s done that that she-she can’t tell you exactly how many times…But that’s no fault of hers. That is something that the defendant’s created.

-vouching for the credibility of witnesses or offering a personal opinion about the evidence U.S. Constitution amend. VI (“In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him…”) Finch v. United States, 867 A. 2.d 222, 227 (D.C. 2005) (Improper for prosecutor to express evident opinion that government witness’ testimony had been “incredibly straightforward.”) p. 556, lines 13-15 So, intercourse occurred during that time is first-degree rape of a child under the age of thirteen years. p.557, Lines2-4  All indications. In any event, clearly that is sexual intercourse within the definition. Over and over, he assumes guilt to a jury that has not deliberated. Lines 7-10 And obviously prior to –since this is between February 1st of 2008 and August the 1st of 2008 she was twelve years old during that time period. So she was under the age of thirteen. Lines20-21 I contend that the evidence you heard more than proves that. p. 558 contorting the truth and what defendant said to make it look like something else was said lines 6-13, Second, that the person with whom the defendant had vaginal intercourse was the defendant’s child. It was uncontroverted, the defendant said it himself, that she’s his daughter. So, you can take that as proven. (Nothing was proven other than common public knowledge – defendant knows that Veronica is his daughter.)

Lines 15-25 do nothing but further confuse the ‘evidence’. Line 24 states “There’s no doubt of that being proven.” But what was proven through all of that? Just when her birthdays were and that I am her father. He continues on in that vein of discussion for two more pages. Nothing is proven. p.560, lines, 16-17 “and again, I would contend that the evidence more than adequately proves that occurred. Washington v. United States, 397 A.2d 946, 951 (D.C. 1979) (Misconduct for prosecutor to argue, “I believe [witness’] testimony”) p.562, 11-13 “And this evidence proves, I contend, that he has committed that particular act, he’s guilty of that particular act.” Hyman v. United States, 342 A.2d 43,45 (D.C. 1975) (“[A] prosecutor may not express his opinion of the veracity of a witness…since such remarks amount to unsworn testimony and as such are impermissible”) – alludes to the 6th amend. Right to enjoy the right to be confronted with the witnesses against him…”) p.563 lines 1-3 “And so therefore we can take that element as well as having been proven”. What, that I wasn’t married to her? That isn’t even a question. p. 563 Lines 19-22, “So, I could have charged many more counts based on the number of times that she described, but we didn’t know the exact number of times.” Daye v. United States, 733 A.2d 321, 328 n.6 (DC 1999) (Improper for prosecutor to argue that “[i]f we had other evidence that [government witness] committed this murder, we would have prosecuted him for that.”) p.565 Lines 14-16,”… which I contend, both of those I contend are proven to you by the evidence you heard.” p.567 lines 4-6 I contend to you that this evidence more than amply proves each and every element of each – of each of these charges beyond a reasonable doubt.”

…continued…