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 is obvious he needs mental assistance, but the guards just play with him

1/9/14

Taken from an article in the examiner on mental health conditions

I was listening to the radio show Focus on the Family today.
It has been such a valuable tool in teaching me how to raise the children.
They have so many good ideas. That’s why I’ve been writing so much lately about the boys, because their faith needs to grow so God’s power can truly be amplified through our family as a unit.

I’ve asked the boys to forgive me for being a bad example sometimes, and to try not to follow in those steps. Today’s show talked about how important it is to be a good role model as men to our daughters so they will pick appropriate men later in life. It discussed how girls are affected by the lack of a healthy relationship with their dads, and how they expect their adult relationship to give them what their father didn’t or couldn’t. You used to do this to me, and we have talked about the importance of my being loving to my daughter in the past, and so I spent more time with her, on her home work, going to school and advocating for her when there were school issues, getting off work and going to her soccer games. It has become clear to me in listening to this broadcast that you take time and forgive your dad, because you did subconsciously punish me for how your father treated you, and took quite a bit out on me over the years. You know I only tell you this so you will release some of the pain in your heart over the past. I hope you will find these broadcasts somehow and listen to them.

The Sgt. has come next door as the guy keeps pushing the green button, which is only for medical emergencies. Apparently his legal mail is not going out, so there is now another guy there now, as well, which is really only to frustrate the other inmate further, not help. His legal matter is coming up in two weeks and he doesn’t have all of the information ready. It is obvious that he needs intensive mental health assistance, but the guards just play with him. They pepper sprayed him a few weeks ago, in the cell that I am now in. That could be why I have more upper respiratory tract infections and my nose bleeds some….things did calm down a little after they talked to him, but it looks like he will get written up for this. They gave him 3 last week. It is excessive, and will keep him in here for a long time, when he truly needs services.

I’ve prayed to the Lord for his entities to be released, as well as for all of us trying to endure this frigid coldness. Most of the men sleep in the floor in an attempt to get away from the cold, but I just can’t sleep next to the toilet like that, and we have no way to clean – but you know all of this. Why can’t they just fix the heating system? No one listens to our grievances here, so we just give up trying. The morale is so low, but I know must set examples. I told the other men that I have been sending grievances about the lack of heat.

Well, after several days of the lights being on past 11:30pm, they’ve cut the light off at 10 tonight. Maybe my grievance was read by someone?
I also know that I’m being led to write a grievance to CPS in my own words, but I just can’t sort it all out, and keep praying on how to word it in God’s time.

May God be with you in my absence.

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 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.

The prison has never addressed my pain post-op

12/27/13 I received your letter, with the grievance and the emails from Congressman Howard Coble, and as well as the Senator Trudy Wade. Your grievance to the Guilford County CPS/DSS was remarkable.

How much pain it must have been to relive our time with them. God must truly be behind this path, for Him to help you endure that torture again, remembering each detail.

I hope you will feel better soon. I continue to pray for your health to improve. For myself, I want so badly to feel whole again. I attempted to exercise Monday, and paid for it, dearly. I began standing toe touches, slowly working down to my toes, only doing 26 at a time.  Along with standing bicycles, with my elbows bending to touch my knees, 25. Also, side bends, with 50 in a set. Then 25 pushups in a set. I ended up with 100 toe touches, 100 standing bicycles, as many push ups and 2oo side bends. Now remember, before this surgery I was doing 1,000 pushups. This morning, I couldn’t even get out of bed without dragging myself along, as my right side hurt so bad. I took ibuprofen all day long. It didn’t stop for three days! So, I am nothing near ‘normal’ for me. The prison has never addressed my issue with pain post-op, and there is still something wrong with my intestines. There seems to be a lump  I can feel with the toe touches.

Your short letter brought me so much joy that you mailed with the second prison complaint follow-up from November. I wept to think how much I mean to you that you would put yourself in front of all these state people for me. Even as you face so much adversity, you continue to encourage me to try harder in here to be heard.

Only God can know my heart, Rochelle. I was never good at words to tell you how much you mean to me.

12/28/13

They woke me up at 6:25 a.m. to tell me I had to pack up, and am moving to D-wing. I only got two hours of sleep from the door slamming, and am exhausted and grouchy. In the new cell, the light is directly overhead, but

the air is not facing me when I sleep! Praise God, it is barely moving in the vent! I will not have to wear all of the extra clothes. There is also a seat now, whereas I had to write while hunched on the edge of my sleep ledge before. I did lose my extra mat to lie on. We sleep on what looks like a kindergarten mat, no mattress.

So, everything you’re writing to these people is starting to get to them here. I trust God will keep improving conditions through you!

I wrote to my case manager, and he answered back saying that my review date for seg has been moved forward to January, instead of waiting until February. There is a chance I may get out of seg by the end of January. Even moving to the close ops would be an improvement!

I know that this false charge has been a way for us to be put in a place to stay still and seek Him for our strength.

Thank you for allowing God to build a better relationship with us, and Him. We have grown so much closer in the past four months, and my own strength and belief is much stronger now.  I miss you so much!

I am reading Wednesday’s paper that I got on Friday today, as I draw each one out so they last through the weekend. this helps me to have some distraction in this new place. I’ve finished the bible study correspondence you sent. I wish I had a longer, harder one. In this new area, I’ve noticed that there are many in here to talk to themselves, even to the point of answering. So, this is where the ones go that have to stay long periods. I was in a revolving door wing, for those with only 40 days or so time.

This is no way to exist. No wonder they crack. God help us all. I now don’t feel alone in my distress.

I simply thought I was weak.

The torture is not something one can fight; it is administered on us day after day.

I am now in a room with very little space to move. The handicap room had 20 more square feet of space.

That is tremendous loss of space! But, I can see the sun through the windows now, and it warms my wall! Praise Him for the small things, always. I don’t have to wear all of those layers, and …I won! I won, I won, 30 stamps! So far no losses with 15 games .

I’ve been trying to clean. Obviously the last one here had some disagreements with the staff of Marion Correctional ICON.

I can’t remember the last night I slept more than two hours. That psychologist needs to stay in here for a few weeks with only two hours of sleep and see if she still calls it ‘normal’. Or maybe more like four months like this.

Now, I can hear a t.v. Can’t see it, but it is such a blessing to at least hear something normal, anything. I can hear the news, and I may be able to even hear the Super Bowl! If I’m still back here, of course.

God has been working through you in such great ways. Rest and follow God’s instructions. I so long to hold you in my arms. You are such an unselfish woman who has allowed her outer self to be broken so that God’s spirit may truly shine for the world to see. Through all of our trials and suffering God breaks the ‘outer self’ so He might shine through on the earth. As we embrace the suffering, and accept the need to surrender, then true work is done!

(Battle of Carchemish) Jeremiah 46 ~ 10 For this is the day of the Lord God of hosts, A day of vengeance, That He may avenge Himself on His adversaries. The sword shall devour; It shall be satiated and made drunk with their blood; For the Lord God of hosts has a sacrifice In the north country by the River Euphrates. 11 “Go up to Gilead and take balm, O virgin, the daughter of Egypt; In vain you will use many medicines; You shall not be cured.

Even if  I have to  be like Jeremiah and proclaim God’s word for 40 years, so be it! You should see me dancing around my room.

I won!

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

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…

I’ve been asking for a pen now for a week…

They called for our weekly rec, outside time, at 6:30 a.m.

It was 20 degrees. If I had ever been given my thermals,

I would have gone out, anyway, but without them, in the dark with no sunshine, no way.

The prison does this because they know that no one has any way to keep warm to go outside.

I will send another request form to the nurse, asking about the sick call request I sent in over a week ago about still having pain, and I asked for psyllium fiber, as we only get starches to eat, with very little vegetables or near enough fiber to have healthy bowels. On Nov. 26, the lead nurse said I would be getting an assessment for a specialized diet, but none has been done, two weeks later. I did get a not from another nurse who said that this week I was scheduled for an assessment, which is then sent to Raleigh. But, no assessment. See, I cry my eyes out but no one hears my cries but Jesus. God will prevail. My head hurts from all of the crying and thinking so much, and the effects of being stuck in this cell all of the time.

I stood at the door for over an hour, waiting for an officer to come and get this form for a psychological interview.  Two CO’s later someone finally takes it on. The fiber pills just don’t work at all, and they are 625 mg, but the stuff I bought in canteen worked fine. (He doesn’t realize the effects of post-surgery bowel issues, and without proper diet and exericise is having great difficulty) I am under great stress from this extra pain and complication, and it also makes me feel very tired. If I want to talk to another guy, I have to stand at my door and yell, which is difficult to keep up for any length of time.

12/15/13

A nurse came in today and brought me two small pills, but didn’t even tell me what they were. My temp is still not normal, but it is better, at 98.3, and she said the pills may help, but it looks like the psyllium may not be enough right now. The next option is some sort of liquid. I hate when they don’t tell me things. I had asked to take these things before surgery to help me through the post-op, but they refused to give me anything. I know my body better than them, but they act like we cannot make any decisions on our own.

I was able to eat better today, so when they served a burger patty, 1/2 c of rice, another 1/2 c of lima beans, and then a cookie and corn bread for later. But, the nurse never did come back. The doctor, the few times I have seen him, avoids eye contact, so I know I can’t trust what he tells me. But, what am I to do?

I hope to hear from the psychologist soon. I really need relief. The emptiness of this place is so consuming. Your letters are so full of light in this dreadful place, and full of God’s word.

It’s so cold tonight, and the air never stops pelting my face and hands. I traded with a friend for a regular pen and it writes so good compared to the seg pen. I’ve been asking for a pen now for a week. The Co’s just say, “I just gave out the last one”; like that’s funny to them.

It’s hard for me to remember when I read, “Bless them that hurt you, and pray for them that despitefully use you,” that it was more targeted for our family and close ones over our enemies. Family members have become an enemy to me in many ways by not helping to take care of the children, but I will send them love, regardless.

God’s plan may not make sense right now…

12/12/13
We are more connected now beyond what most can understand.
Reading your last letter put me there with you and our boys.
I could feel Nate’s pain through each word you wrote.
I wept so hard for him, as I felt his pain.
It never gets easier to bear. But, you and I truly did our best.
If nothing else, it was mostly my fault. I felt so bad because we’d had no choice but to send DJ back to that hellhole with his mother. We just couldn’t get any help from the mental health system.
There is never enough to go around for these kids(kids with special needs), as the funding is always cut to line someone else’s pockets further up the chain.

I was just blinded by wanting to show Daniel Jr. love; I needed him to see that I cared for him. I was so excited about being a project manager, having a job ‘back home’ after being up north for that time away from Southern people and family; it felt like a new start.
I also didn’t want him to feel the way that my dad made me feel, that I was nothing, worthless…
When we moved back to North Carolina, I had hoped that perhaps we could start over, maybe do family therapy, try again to get some help and find out what exactly had been going on. We just didn’t know.
There was so much confusion, and Carolyn always kept the older kids riled up and starting things at home; it was hard to keep things calm.
Nothing I can say will change what happened, I just pray to God, for it all.

I pray, for all of my children to receive healing. There is nothing I can do in here, but pray, the hurt is so strong knowing that we just weren’t fully aware of the extent of the damage that was occurring. God forgive DJ for doing those acts, and I pray Veronica, Nate and Alex will learn to lean on the Lord to give them hope. Their faith will grow as ours has, and even though God’s plan may not make sense right now, it will in time, according to His purpose. Nothing I can say, as a man can make anything right. My love has become so much stronger knowing Jesus’ love is so much more than we can understand. I wish I could hold all of them, my children, and give them comfort where there is none, and let them feel their daddy’s love again. May they feel God’s love around them, giving them comfort.

They are still tearing off the holiday stickers that you put on my envelopes. But, at least they aren’t marking out the bible verses you write on them. I am listening to the Christmas shoe song. It always makes me cry to hear that. I miss my mom so much. She never had much, but she always tried to give more than she had. Those little gifts meant so much to her to be able to give to her children and grandchildren. It wasn’t the toy that mattered, it was what was in her heart. She was so giving!

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

………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?

Complaint to the NC Bar, 2012, Unanswered, 2 years later

Complaint to the North Carolina Bar, 2012, continued explanation of prosecutorial misconduct of Maury Hubbard, III
…………………..

Concealment of Material Facts. – Intentionally encouraging the concealment of material facts relevant to the identity of the driver in a driving under the influence prosecution is prejudicial to the administration of justice. Such conduct raises serious doubts as to the attorney’s desire to bring about a just result in such a prosecution and adversely reflects on the attorney’s fitness to practice law. North Carolina State Bar v. Graves , 50 N.C. App. 450, 274 S.E.2d 396 (1981).

1. One example of how Mr. Hubbard violated the Rules of Conduct through leading the witnesses. The extent to which he does this not only involves dishonesty, but also serious interference with the administration of justice. As the Prosecution only had one witness upon which they based their entire presentation, it was crucial that the jury believe the credibility of the investigators to determine my guilt or innocence, as well as to corroborate with Veronica’s allegations. However, when it came time to testify, the official investigators of the case, Detective Short and CPS investigator Marcel Edwards, could not even remember key elements of the case.

Ms. Edward’s testimony begins on p.378 of the third set of transcripts, (see enclosed). By the time the transcriptionist gets to the second page (379)of the testimony, (document 15)Mr. Hubbard is leading the witness. See lines 4,5, she doesn’t even remember the year in which the case was opened. The farther Ms. Edwards gets into her testimony, the more difficulty she has. (See p.387). Document 16 Lines 5 – 13. In an attempt to save face if the assistant DA is going to salvage Ms. Edward’s credibility, he asks the Court, “may she retrieve her bag?” She then goes down, comes back up with some notes. Then, on line 16 he asks to approach the witness. At this point, he sits down on Ms. Edward’s arm rest, and begins pointing at the places he wants her to read. We never hear real testimony by the witness. Hubbard is leading the investigator the entire time. He obviously does not trust the witness to speak for herself, which keeps the juror from hearing from the real witness.
The jurors then are not able to be allowed an unbiased chance to evaluate her testimony. He even comments on and admits to her having complete access to her notes, lines 19-23:
Referring to your-your notes of your interview with Veronica, does that refresh your recollection as to any details that Veronica provided about what happened to her during the course of – of the interview? Yes, very much.

On the next page, he clearly has created “a pattern of Asking improperly Leading Questions,”(State vs. Collins, Forrest Scott, S. 058537) See p. 387, Line 25, p. 388 lines 1-25
And did she provide more information than what you just told the jury? Yes. Would you relate to the jury having refreshed your recollection what – what she actually told you? Veronica stated that approximately three years ago when she lived in Pennsylvania….She stated that it took place six or seven months after I think she had arrived in North Carolina. (Lines 11-13) Ms. Bailey: I’m going to object to her reading her notes to refresh – The Court: Sustained.
Clearly one can see the impropriety of Mr. Hubbard’s line of questioning. It is a point of fact that Ms. Edwards goes to her bag to retrieve her notes. There is no way this information was part of the submitted evidence. Stating precedent in (People vs. Parks (1971) 4 Cal.3d 955, 960-961), “Statements which have no independent basis of admissibility may not be introduced under the guise of refreshing a witness’ memory.” If it is necessary to refresh the memory of a witness through the use of a prior recorded statement, that statement should not be read aloud before the jury,(State vs. Collins, p.13)
We can see that the witness’ credibility is going downhill, and she continues to read from her notes, and the Court on line 18 of the same page directs her to “Summarize”. This continues on p. 389, as Mr. Hubbard asks a second time to approach the witness, line 9. At this point, he leans over Ms. Edwards and points to where he wants her to read, Line 11, Referring you to your- to this portion of your report…

It is quite unlikely that Mr. Hubbard could have gotten the same information from Ms. Edwards had he not been leading and directing. It was if he were testifying for Ms. Edwards, as she mainly recited what he pointed to her to read, instead of allowing her to exhaust her own personal memory. This goes beyond harmless error because Mr. Hubbard’s intention was to simply repeat earlier testimony that would inflame or incite the jury, rather than furthering the cause of justice. Mr. Hubbard’s persistence in having Ms. Edward’s simple recitation of what was already stated previously deprives me of my 5th Amendment Right to due process, which equates to “fundamental fairness”. That includes the right of having a person or panel making the final decision over the proceedings be impartial in regards to the matter before them.

…to be continued…..