Allow God to work in your life, to be in control…

listentogod1

1/28/14
I just got another SAT book, this one from Barron’s, but the Black book says these books don’t help much. I think though that this book will help more with the concepts I need to study and get more practice with, mainly because I haven’t done work like this in 20 years. Man, I’m old!

I’m still working out, but my back hurts; I would give anything to see a chiropractor. It is like I have a pinched nerve. I know an adjustment would take care of it. I got my grievance back today, and they said they asked the officers to consider turning off the light at a decent hour from now on, but their excuse is that the inmates need to shave or to move around after 10. But, they should start this earlier in the evening. It’s not like we’re doing anything else, anyway.

You are so beautiful, and I miss you so! You mean so much to my well being! Thank the Lord for your presence in my life. Things will become easier as we learn God’s will for our lives. I love your enthusiasm! You help me keep my excitement up while I focus more on reading and studying more.

The heat issue just can’t get resolved. They won’t repair this heating system, and sometimes it works, and sometimes not. Now that I had to turn in my extra clothes I about have to stay under the covers all day to stay warm with only one pair of socks and a shirt. I’m so afraid of getting sick, and I can only work out for a little while and then sometimes I start to hurt. It has been such a blessing to keep the health I do have. An extra mat to sleep on would sure help my back; heaven forbid I ever get to feel a real mattress again…

1/30/14
Don’t worry so much about the move; you are making too much of it, and not trusting God enough. Bring yourself back to God so he can guide you down the correct path.

I’m not sure about this lawyer either. They should be answering us sooner, but often work on their own time, not our. I’m not disagreeing with you about the investigator either, but remember everyone wants as much money as they can get. Pray about this, and don’t allow others to influence you by getting you all riled up. Calm down and talk to God. I do believe things should be moving quicker, but God is in control, so wait on Him!

2/1/14
Every aspect of our life should be spent thanking God for all He has created. I am so blessed He sent me a friend like you, who takes such good care of our children. It was such a blessing to be allowed to go outside today, around 7:20 a.m. The CO’s didn’t make fun of us as they usually do. Praise God for changing their hearts! It was around 35 degrees, so not too bad, and I got to talk to some of the guys out here today. They let us stay outside for about an hour and a half; my toes were numb, but it was worth it! We should be getting our reviews soon, someone said, and that some of us could be shipped out.

It was so great to get a shower tonight. I didn’t notice the time, but they were sort of rushing everyone, and the shower were finished by 9 p.m. Normally it would be after 10:30, leaving most of us to wait 20 or 30 minute. And, they turned out the lights – Praise God! It is so great to rest without all of the blaring lights.

2/3/2014
Good day, Rochelle. How are things at home? I hope they are well. If not, tell me about it. May God’s peace be with you at home and in your hearts. Every day poses these problems, but each day Jesus gives His love to me to comfort my despair. Sorry for not writing more. I’ve been trying to listen to God more, an staying still. God doesn’t make mistakes, so when are you going to see your worth? You are so valuable for His work on Earth. Kneel down and ask for guidance, for your head to stop spinning. You are not taking enough time for God.
Slow down!
Get off of that computer more, and listen to God! Read His word. I’ve been a very stubborn man, and am finally ready to listen to His guidance and to hear His voice! I had allowed my life experiences to harden my heart, and now the Holy Spirit continues to break the outer man and to see how the world had me in its grip. Allow God to work in your life. When you allow God to be in control, then your life can truly begin.

Little Victories

 

1/27/14

One need not always trust in the 'large' things -  Isaiah 31  King James Version (KJV) 31 Woe to them that go down to Egypt for help; and stay on horses, and trust in chariots, because they are many; and in horsemen, because they are very strong; but they look not unto the Holy One of Israel, neither seek the Lord!

One need not always trust in the ‘large’ things –
Isaiah 31
King James Version (KJV)
31 Woe to them that go down to Egypt for help; and stay on horses, and trust in chariots, because they are many; and in horsemen, because they are very strong; but they look not unto the Holy One of Israel, neither seek the Lord!

I’m reading your letter to be about how you feel imprisoned, somewhat like  I am experiencing, although our prisons are different. No matter what either of us does, we can’t escape. This is God, working on our outer selves, which is essential to allow God’s Spirit to be released. Praise God for how you’ve been able to surrender to this discipline, and for learning patience with our children. I’m so glad to hear the boys are branching out, and aren’t so afraid to do their own things. I’m so proud of their growth amid all of the things they’ve been through. I just pray they see how loved they are by God, and are being taught by Him in so many ways. God is working on Nate so he can learn to discern who his real friends are, and to not feel ashamed for speaking out against injustice at school. God is using my suffering to teach them, to reach others, as well who need to realize the anguish and injustice in their own backyards.

I have to admit, I’ve been under attack now for over a week. I’ve not been happy with what God is allowing to happen in my life. I stay confused and blocked from understanding what is happening to me. I know I have to work through it, and am battling this selfish outer man. You have been so encouraging throughout this whole ordeal, and  know your love for me is real. I just feel so weakened and alone lately, and have to just give it to God…

I’ve noticed my eyes become blurry after reading awhile.  I have to pull the book or paper away from my face to be able to ready clearly. I used to have 20-15 vision, but only God knows what being in isolation has done…

I’m watching 60 minutes and listening to how there is such a shortage of psych0logists and therapists across the nati0n; and stories like what you’ve been through recently with our boys. Then they talked about how there are lack of beds in the institutions for the extreme behavior needs like what we experienced with my two children that led us to end up like this, due to not having adequate care in the mental health fields. If you can google this, maybe you will find some support sites so you have other people to talk to, and can maybe even get some help with our case. Isn’t it amazing how much has to happen before things like this come to the light?

Speaking of lights, this crew tonight is the one that often leaves our lights on until midnight, which was the main reason I wrote the grievance about not having any relief from the lighting. Tonight, though, they went out at 10:38 p.m., which is so wonderful! Even the little things feel like big victories!

 

 Hebrews 12:11 New International Version (NIV) 11 No discipline seems pleasant at the time, but painful. Later on, however, it produces a harvest of righteousness and peace for those who have been trained by it.


Hebrews 12:11
New International Version (NIV)
11 No discipline seems pleasant at the time, but painful. Later on, however, it produces a harvest of righteousness and peace for those who have been trained by it.

1/23/14

I received the Black SAT Prep book yesterday and began reading it.

Looking over all of this material makes me scared; it’s been a long time since ’91 when I graduated high school, and I can’t get any extra study guides off of the internet. I haven’t seen algebra in almost twenty years, and I never had Geometry! I know this is going to be tough, but God has a plan for me to succeed. I’m just not sure how to get help. I will check in the library here to see if there are any text books, but I doubt it, and the GED teacher is not friendly. But, it could be due to some of her students…

Didn’t you take this in 1989? What was your score? I need help with passage-based reading, sentence completion, all of the math…they are recommending a ‘Blue Book’, and it references this other book a lot. I’m reminded of Hebrews 12:11, so knowing this isn’t going to be joyful right now, I will endure the training, because of the importance of the end results.

It’s been two years since I’ve had a piece of chicken…

1/1/14

Lunch today surprised me so much – chicken thigh with the bone in! I haven’t had a real piece of meat in two years! Praise God! We also had apple pie, greens, white rice with gravy and cornbread. The chicken is so great! I saved the leg to eat tonight with my eggs and toast. I saved the apple pie to eat later with my milk.

 I can't believe how much I miss fried chicken, or just real meat...

I can’t believe how much I miss fried chicken, or just real meat…

I pray we go outside tomorrow. I truly need some fresh air, and more space to move around.
In this new room  I only have about 30 or 40 square feet to move around in.

This is for 23 hours a day for five days straight, but as it is too cold for the outside rec with no coats, I am usually in this tiny space for 24 hours for eight to ten days at a time; sometimes longer. I think it has been almost two weeks since it was warm enough to try to go outside.

I’m going to ask for another pair of pants tonight. I’ve had the same pair for two weeks now. They let us change out once a week on Wednesdays, but I don’t want to switch them out until I have to. I was such a proud man and hard on everyone. Yes, your love was always there. Thank God He put you in my life. God has a purpose for all this suffering, Rochelle. We just need to wait patiently for God. This process is all part of God’s plan.

1/2/14
Your visit was so great; I have missed the boys so. They are growing so fast! You looked very happy.
Did I tell you that dad sent me a Christmas card? Everyone in the pictures looked so great. You have been doing such a good job of raising our boys on your own. God has been guiding you well.

1/3/14
I got all the information from the transcripts you requested, and got it ready and sent it on to the lawyer. I also noticed that during the past week, the lights have been staying off in the mornings until 6:00 a.m. with breakfast being served after that. God is so great! Your grievances is being used by God as a way to make change. We have also been served a little more at our meals.

I’ve been reviewing your complaint to CPS, and you’ve covered most everything. You have such a goo memory, there were just a few errors in time, but it’s so hard when we can’t talk on the phone or even face to face, just through glass. I know it is hard to remember things and then run to the car and write them down, or write questions to me on your arm before you come in to visit; and then the visits are only once or twice a month. There’s so much against us, I don’t see how you get anything done.

I’m wrapped up in four sheets and three waffle blankets. If we could have a quilt or cover it would make a big difference. The cement is so cold when it’s cold outside. We still do not have warm air through the vents.

They just threw my grievance back in my cell from the charge on 12/13, saying that they would refund the cost of this med call. But, only one follow up is allowed per fourteen days of a visit. Well, my first sick call was in July, and the others were due to the lack of care post-op.

I got my shower a little while ago and traded for some more coffee. I feel a little warmer, and can try again to write my story to CPS. It is harder to do than I thought it would be, to relive all of the injustice that happened to our family.

We should always rejoice in God, even before we receive

12/6/13god-is-in-control
It amazes me just how much clearer God’s word have become. His Word is already in my mind before I pick up the bible. Things seem to make so much more sense. My eyes have truly been opened, but only through Him. There is so much joy in being able to know God. Knowing that he alone provides for us, all that we require. Our Lord Jesus Christ’s blood has covered us so that we may have fellowship with God. And fully knowing the value of this also answers the enemies’ accusations against us. Praise God!

I praise God so much for a wonderful woman such as you. Through God we draw our strength.
I received mail from the lawyer today as the files do not have the full information that they said should be there. They hope to get my full file from the original public defender. They are working to get a more in-depth investigation going soon. I want to ask questions, but don’t know what is appropriate. How long does it take for an investigator to do these particular things; it been over three months now. I try to remember Psalms 31:15 – My times are in Your Hands. God is in control.

12/7/13

I feel better for the first time in two months; a sweat was breaking while I slept. It’s a shame I’ve had to suffer from such a lack of care, with no vitamins, proper food or rest, or sunshine to aid the healing. Thank God I was in such good health before the surgery! If not, I doubted I would have made it! Praise God!

Things have been quiet today. They did lock someone up this morning, but I believe seg is full. Just a week and a half ago the dorm had 7 empty cells out of 24. They have been locking the men up for nothing. This is not a good place to be. I hope I get out of here soon. Since the first super left it has really gone down hill.

12/8/13
I’m wearing 3 shirt jackets now and finally staying warm. I can get written up for having on so many clothes but I don’t care. I rested my bald head against the wall for a second and raised back like I’d been burned. The air just whips this coldness off the walls and into my face.

I got four stamps on games today. I could get 20 to 30 overall. It keeps the dorm talking to tell everyone back and forth down the hall who’s winning. It sounds exciting to hear them talking about playing in the snow in PA. I wish we could have stayed there; it was so beautiful.

12/9/13
I’ve noticed that they’ve been cleaning up here alot more than they ever do. Someone is coming to visit. I’m not sure if this has anything to do with your grievances, but it could…I received copies of your grievances today. They tore all of your holiday stickers off of the envelopes.
Sounds like you have support now. People are becoming interested. He will place people in His timing.

The air from the vents here just blow and blow like Arctic air. I’ve got on 3 shirts, 3 jackets, 3 pairs of socks, and a pair of pants. But, I can’t keep my head covered or warm, as there’s nothing to cover it. I’m sitting on the bed now writing, and this air pelts my hands and face and my fingers feel numb. The color is sometimes bluish. This place will not have me losing faith in my God in Heaven, regardless!

I now see how God is working in so many ways that I couldn’t see before. NO matter how hard we try, it is only going to if it is part of God’s plan. So many of us in the excitement of our unanswered prayers forget to give thanks to God. We don’t praise God with as much joy as a people, and should rejoice in our God, who has already prepared it all for us BEFOREHAND.

You know, I have always sensed a glow about you, but could never really understand the feeling until now. I see that you have God with you always. God uses you to His full extent.

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

imgHeroFeelingLoneliness

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 1 -Formal Complaint to the NC Bar

The following posts are excerpts mailed from prison in North Carolina in a formal grievance against the assistant DA in Greensboro, NC who should be charged with extreme prosecutorial misconduct and should be dis-barred. It has been almost TWO years since it was written, but still no full response from the North Carolina Bar except that they are in a deluge of complaints and to seek legal action. Hmmm…everyone is waiting for the other one to come forward and make a decision to help us, but no one is really DOING anything…
………………………

January 10, 2012

THE GRIEVANCE COMMITTEE OFFICE
THE NORTH CAROLINA STATE BAR
PO BOX 25900
RALEIGH, NC 27611

To the Committee:

My name is Daniel Edward Palacios, opus number 1248101. I have enclosed as an addendum these additions to a list of grievances previously mailed to your office. They lie with the assistant DA, Maury Al Hubbard, III in the case of –

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
GUILFORD COUNTY File Nos.: 10 CRS 66769—72
STATE OF NORTH CAROLINA
vs. DANIEL EDWARD PALACIOS, Defendant

-that have led to my being wrongfully convicted and sentenced to 123 years in prison.

In looking over case law, the transcripts of this trial, and the Code of Ethics that every licensed attorney swears to uphold, here are my issues of grievance (only including aspects of conduct that I felt negatively affected my trial):
I. Excessive bail stemming from Racial Discrimination/Profiling (Constitutional Amend.8 and Title 18, 871 extortion).
II. 3.3 Candor Toward the Tribunal
a. the lawyer must not allow the tribunal to be misled by false statements of material fact or law or evidence that the lawyer knows to be false. (Amendment 5 –Right to Due Process)
III. Rule 3.8 Special Responsibilities of a Prosecutor
a. Responsibility of a Minister of Justice
b. A prosecutor should not intentionally avoid pursuit of evidence
IV. Rule 4.1 Truthfulness in Statements to Others
V. Rule 4.4 Respect for Rights of Third Persons
VI. Rule 8.4 Misconduct–leading to egregious prosecutorial misconduct
VII. Prosecutorial Misconduct in Closing Arguments
VIII. Felonious Obstruction of Justice

I. Excessive bail (stemming from racial discrimination/profiling) The Eighth Amendment provides:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
In Stack v. Boyle, 342 U.S. 1 (1951), the Court found that a defendant’s bail cannot be set higher than an amount that is reasonably likely to ensure the defendant’s presence at the trial. In Stack, the Court found bail of $50,000 to be excessive, given the limited financial resources of the defendants and a lack of evidence that they were likely to flee before trial.
See also, G.S. 15A-534(a) requires that (except in capital cases) one of the following four conditions of pretrial release must be imposed(omitted 1,2,3 for brevity)
(4) Require the execution of an appearance bond secured by a cash deposit of the full amount of the bond, by a mortgage pursuant to G.S. 58-74-5, or by a solvent surety.
The judicial official setting conditions of pretrial release may impose condition (4) if, and only if, one of the other three conditions of pretrial release (a) will not reasonably assure the appearance of the defendant as required; (b) will pose a danger of injury to any person; or (c) is likely to result in destruction of evidence, subornation of perjury, or intimidation of potential witnesses. If condition (4) is imposed the judicial official must record the reasons for so doing in writing. Other statutes apply in limited specific circumstances (see § III, B, infra)
Mr. Hubbard argued at my arraignment that I was a flight risk and might flee to Chicago as I had family there. However, from the time that Veronica made the allegations on October 15, 2009 until the date which I volunteered to turn myself in, January 29, 2010, I had done nothing to meet the conditions necessary to condition 4. I had not lived in Cooke County, Illinois, since I was seven years old. From the time period of 1978 unto the present, I had only visited that area twice.

“There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice …”
– U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)

There was nothing to suggest that I was a “flight risk”, as he claimed. I had a deeply rooted claim to the community, as I ran an asphalt plant within 15 minutes of my home, we as a family of 8 had lived in the Alamance County/Guilford County area for over seven years, and my mother, father and siblings lived in the surrounding counties. Except for moving up north due to a job offer after losing my job in the APAC takeover, I have lived in North Carolina for twenty nine years. I trusted the justice system, following every condition that was placed upon me, and then turned myself in, knowing that I was innocent and had not done the things Veronica alleged.

The result of this excessive bail has been that, once I was incarcerated, my wife’s reputation had been ruined, as will be explained below, and she had no way to produce an income, as all of her recent education and training was in the field of daycare. She lost almost everything we had, our home, our vehicle, our friends, support of family, and was therefore not able to pay off the $7,500. balance owed on the original bail amount of over $18,000.

This will lead to cruel and unusual punishment:
Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community.
For, at this point, even if I am granted a re-trial, my wife will have to add the previous balance on top of any bail requirement that court decides upon. She will also not have any collateral to put up on my behalf, and will not have anyone to co-sign, because my family members defaulted on their part of the bond agreement, because they didn’t think they had to keep paying if I was incarcerated.

I will not be able to continue gathering the multitude of evidence discussed below because I will continue to be behind bars. I will not be able to help provide for my wife and children, who have suffered greatly for the grievances I am describing in this letter.

The 10 – plus thousand dollars we paid in regards to my bond in 2010-2011 could have been spent in procuring necessary evidence to procure alibi and supporting evidence as to the past credibility to the main witness. We could have subpoenaed a myriad of psychological evaluations done by both therapists and schools over the years, as well as her medical records showing we always matched her up to a female pediatrician in case she needed someone to talk to because of her early menarche and all of the side effects that can entail for a young woman.

We were so concerned with Veronica’s behaviors and need for therapeutic assistance that we kept her in therapy from 2002-2008. In 2006, the time she claims the sexual abuse started, we actually had set up for her to have an intensive case manager, who visited her at school and at home on a weekly basis. She was often alone with Veronica in the house while I was at work, as I worked mostly at night in Pennsylvania. Also during this same time period, there was an intensive in-home team comprised of two women, who also interacted with Veronica and the boys twice a week, whose documentation my wife included in her grievance. These records, along with my work records could have been paid for by us, if we weren’t tied to such an excessive, discriminately created bail.

Below is a list of therapists and other facilities whose records could have been subpoenaed. I could have even travelled to the states in question to work on getting past friends to perhaps come and testify on my behalf, including Veronica’s horse riding instructor, as I even bought a horse for Veronica and my wife while in Maryland, and my wife personally paid for her riding lessons after school for almost six months, so she could be around other girls in the afternoons, and have positive interactions with to help her with her behavior issues.

1995/1996 – Medical records from Eden Hospital that showed where I took Veronica to the ER on weekend visits with me due to her having recurring yeast infections. My then girlfriend, Shann, noticed that Veronica acted oddly when being bathed, and was afraid she was being molested. The infections pointed to that, as well.
2001 – records from my urologist, Dr. Brian Cope, who performed my vasectomy –Veronica testified to my discharge, yet with my vasectomy I have very little discharge, especially nothing “white” as she describes in more than one investigation and certainly not enough to fit truthfully with her description of me after ‘sex’
2002 – Gary Bailey, social worker, Alamance County, to help children with our underlying suspicion that Daniel Jr and Veronica and been sexually abused and were perpetrating on each other
2003- Family Support Center, Greensboro, NC
2005-Child Guidance Resource Center, Coatesville, PA; we worked with three or four different psychologists while working with them; Veronica received a case manager there, Julie Ulline, who worked with Veronica both in the home in the afternoon, as well as visiting her at East Vincent where she attended in 2006; she received a diagnosis, she and the other children went to a summer camp for children with behavior issues
2005 – attempted commitment for her and Daniel Jr at Brandywine Hospital for behavioral issues, some sexually related; School evaluation done on Veronica for behaviors such as stealing, lying and bullying
2006- Community Services of Devereux – Veronica and Nicholas had an out-patient therapist who is now the director, Dr. Potter
Looking over Document 20, there is a plethora of information in regards to the behavioral issues we encountered over the years with Veronica. This includes excerpts from the psychological evaluation we had done while Veronica was attending East Vincent Elementary while we lived in Chester Springs.
Please note p.2 which shows her ratings in Aggression, Conduct Problems, as well as Externalizing Problems, Depression, Atypicality, Externalizing problems and Adaptability. Veronica needed a great deal of help with her behaviors and emotional state. She tested at-risk in all of these areas or clinically significant.

On page 3, her teacher noted, “that social situations are often strained…she often overreacts and speaks harshly…
p.4 Needs improvement in …practice self-control, express feelings in acceptable ways, follow school and classroom rules…
Fourth grade teacher notes, “At times, she became emotional and her temper was shown. She had some problems socially.”
p.8 “ The teacher rated her within the clinically significant range in the areas of Aggression, and in the at-risk range on hyperactivity and conduct problems…Some of the behaviors that inflated these scales include:…argues when denied her own way, loses temper easily, disobeys; lies; sneaks around;
behaviors of concern noted by teacher…“seems out of touch with reality; acts confused.”
p.13 notes the teacher’s rating scales
2007- Family therapy out-patient on Hwy 4 in Maryland records; receipt from Lusby, MD community center where we paid for her and a friend to take a self-dense class because Veronica said her friends’ step-dad had been abusing her, he wouldn’t allow her to take the class with Veronica.
……………..
to be continued