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!
helping-others

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

thNRAHU73V

………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…..

January 2012 Complaint to the NC Bar, p.2 unresolved in 2014

2008 – Veronica was having a great deal of trouble with authority figures at Eastern Guilford Middle. We encouraged her to go to the school counselor and even got special permission for her to be able to leave class to speak to them because she was having issues with bullying, as well as abusive actions by her math teacher. We went to several meetings to advocate for her and to help with her defiance and refusing to cooperate. We also had two incidents of a math teacher abusing her by not only making fun of her in class, but making her stand at the front of the class holding a penny in each hand for over twenty minutes for not doing her classwork, so we got her removed from that classroom to a different teacher. I have always gotten off of work to participate in IEP and other meetings for her. These records of meetings and my attendance could have been subpoenaed, again to help establish my authenticity as a caring parent, and to establish past patterns of the main witness.

2007-2009 Various doctor’s records to show where she had female pediatricians and had been examined by one in PA after staring menarche and in yearly follow-up check ups

Also because of now two erroneous news articles involving my case, it will be close to impossible to find old friends or other family members who would even have the money to put up the necessary collateral, and I will have to sit even longer unlawfully imprisoned.

II. Candor Toward the Tribunal
a. 1. As my wife mentioned in her grievance, James, Judy, Haley and Haley’s mom Shelley gave her permission to come inside the Crawford house and speak to Haley and her grandparents about what they knew Veronica had said. In the investigative notes, Shelley mentions she knew that my wife had spoken to Haley, although some of the wording was not true, as James and Judy were in the kitchen with Haley. James then proceeded to get on the stand and to deny that my wife had come in his house. Although Mr. Hubbard obvious wanted this testimony for his own gain, it would have been an important part of the presentation of material fact, especially if he had pursued his line of questioning to get James to admit that my wife had been welcomed in the home to speak with them. My wife had no idea the family knew for over a year that Veronica was making allegations, and was stunned to find out in a conversation with James that they had never been concerned over Veronica’s allegations. She was known to tell exaggerated stories.

2. In the investigative notes, Marcel Edwards, the CPS worker, noted that the parents kept talking about actions the children would do to get to go live with their mother, and how they had tried to get us trouble in the past by making false accusations, (see document 1). We also disclosed to Ms. Edwards that we had concerns about Daniel Jr. sexually abusing Veronica, as well as the possibility that Veronica had been molested by Carolyn’s former boyfriend, David Laughlin (her mother). We also relayed a story where my wife Rochelle had taken Veronica, Daniel and Nicholas to private swimming lessons one year. Veronica got a bruise on her leg while learning to dive, yet her mother drug her down to the Randleman Sheriff’s Department and coerced Veronica to falsely state that my wife had beat her with a belt. The intake person dismissed it, noting that it was not consistent with a belt mark. Veronica held that in for over six months, and then called in tears because she wanted to tell my wife she was sorry for doing that. Mr. Hubbard would have been aware of these notes, yet did nothing in the pursuit of justice to see what past issues there could have been, and the potential of an alternative suspect.

We told Ms. Edwards that there were signs that Veronica was being sexually abused from as early on as two years old. I had a past girlfriend, Shann Long, who could testify to what she noticed about Veronica when she was still in diapers. My wife, Rochelle also disclosed that she had caught Daniel Jr. acting out sexually on Veronica in the closet when she was seven and he was nine, and that’s why we started therapy in 2002. Our information was more or less discarded.

III. Rule 3.8 Special Responsibilities of a Prosecutor
Comment

[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate; the prosecutor’s duty is to seek justice, not merely to convict. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence… A systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
[2…; the prosecutor should make timely disclosure to the defense of available evidence known to him or her that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he or she believes it will damage the prosecutor’s case or aid the accused.

a. Responsibility of a minister of justice – I was told during one of my consultations with the defense attorney, Sabrina Bailey, that Mr. Hubbard had intentions to attempt to prosecute my wife if she testified on my behalf. As you can see from the large list above, my wife could corroborate my alibi, as well as create a pretty strong case for my innocence. She could also create a pattern of past issues that Veronica had which would establish strong issues as to the credibility to Veronica’s testimony.

b. Intentionally avoiding pursuit of evidence was seen, when I was on the stand, Sabrina was giving me a chance to speak about my wife’s disability and our sons – all of whom have Asperger’s. (this documentation was provided in my wife’s grievance) Not only would this be crucial to creating a place for my wife to be able to testify by clarifying the one statement she made that Mr. Hubbard was holding over our heads, but it help the tribunal to have better understanding of the dynamic of our home, and the complications that we faced. He objected to my giving any information, and then waved away the defense’s attempt to bring pertinent information to the jury, especially as one juror worked with autistic people.

A prosecutor should not intentionally avoid pursuit of evidence… yet Mr. Hubbard does just that by threatening my wife to keep her from testifying. He is also obstructing justice by interfering with my right to an unbiased jury because my wife would have released pertinent information to not only establish alibi, but present to the Court and Tribunal. This also furthers the issue of respect to third parties, as she received no such respect.
IV. Rule 4.1 Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person.
Comment

Misrepresentation

[1] A lawyer is required to be truthful when dealing with others on a client’s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For dishonest conduct that does not amount to a false statement or for misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4.

Statements of Fact

[2] This Rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are ordinarily in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud. Lawyers should be mindful of their obligations under applicable law to avoid criminal and tortuous misrepresentation.
However, Mr. Hubbard states over and over in terms of the allegations as being true, and to the honesty, credibility and straight-forwardness of the main witness. Not only is he misrepresenting me as already being a criminal (See p.549 of Mr. Hubbard’s closing argument, document 14), he covers up the differences found in the variety of testimony Veronica gives in different situations by stating on p. 567(see document 2),
Lines 20-25 And I contend to you that if you apply those tests to the testimony of Veronica Palacios that you heard from that witness stand, that you won’t have any doubt that she is telling you the truth and that she is absolutely credible.
p. 575 Lines 2-3 Her trial testimony, I contend to you, is remarkably consistent with her statements.
(caselaw is mentioned later)
But, if one looks at Veronica’s testimony, it becomes obviously just how much changes between investigative reports, and also changes within minutes of the earlier testimony before it when she is on the stand.
Note the discrepancies in her testimony. See document 3:
She said she was putting away her clothes when her father approached her from behind and…
Document 4:
Para. 4 Veronica said the sexual intercourse occurred either in her bedroom or Mr. Palacios’ bedroom, and also a (sic) on a couple of occasions in her brother’s bedroom. All three bedrooms are on the upper level of the home. (She later testifies that some of the bedrooms are downstairs and there is a fourth bedroom because my mother lives with us during most of the time she has made the allegations in North Carolina.)
Para. 8 Veronica said she could not give an exact number of times her father sexually abused her while in
North Carolina, but said it was sometimes as often as two or three times a week, then sometimes would not occur for a few weeks.
Document 5:
Lines 1-2 And where would it happen? In either in my room or in his room.
Lines 14-16 It was maybe every other day, maybe it was every day one right after another, or it would have been a week in between.
Document 6:
Lines 19-25 Would any of them be around when this was going on? No sir. Do you know where your step-mother was when this would happen – this would happen? No, sir.
Document 7:
Lines 23-25 It – he would come in my room sometimes at night or during the day. It depended on who was in the house or if he had the chance to, I guess…
Document 8:
Lines 7-9 He would come in my room during the day, at night, or whenever and he would take off my clothes…
Document 9:
Lines 2-3 He would – he would come in my room at night and during the day if – sometimes if my stepmom wasn’t there or if she was outside with the boys or in the backyard
Document 10:
Lines 4-6 And sometimes he would catch me off guard and I would be by myself and he would just – he would come-he would come towards me.
Lines 15-17 And he would come over to the bed and he would start – if I was asleep – it – it mostly occurred when I was asleep.
Now, under duress and the stress of keeping up with her variances she says something completely new.

Document 11:
Lines 9-11 How often did-did these events happen? They would happen maybe once a week, twice, I mean, every other day, every day. It varied.
Lines 12-14 And did that continue – you said it started how long after you moved back to Greensboro? Maybe a month, a month and a half.
Yet, she told Ms. Edwards the first time was maybe seven or eight months after the move to Greensboro.

Mr. Hubbard, in his desperation to cover up Veronica’s mistakes, creates statements of fact in his closing over the entirety of Document 12, the crux of which is stated on lines 14-19:
I mean, she can say, well, he had…but it happened sometime. It happened, you know, once-once in a week, sometimes it happened two days in a row, sometimes it, you know, went for a while and then it happened several times. It varied, she said. Again, he had the control, he had the access.
Again, he gives the pretense of stating fact.

Looking at Document 13,we see Kristal’s view:
Kristal said she spent the night with Veronica for the first time in November 2008 when she told her of the sexual abuse. Veronica told Kristal that her father would come in her bedroom when her mother was gone or asleep and make her do it…Kristal said Veronica told her the assaults happened almost every week, and usually occurred in her bedroom.

This will further be evidenced below in the discussion involving how Mr. Hubbard is leading the various witnesses’ testimony. He interrupts, manipulates and controls the testimony to the point that he takes over most of what is said on the stand, and puts himself in the role of witness, speaking at some points in the first person, which will be discussed specifically further down.
V. Rule 4.4 Respect for Rights of Third Persons
(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

Comment

[1] Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons and unwarranted intrusions into privileged relationships, such as the client-lawyer relationship.

VI. Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:

Comment

[1] Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer’s behalf.

[2] … Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category.

A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.
[3] For this reason, to establish a violation of paragraph (b), the burden of proof is the same as for any other violation of the Rules of Professional Conduct: it must be shown by clear, cogent, and convincing evidence that the lawyer committed a criminal act that reflects adversely on the lawyer’s honesty
…………to be continued………

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

I wonder if they miss us

I truly miss our family. Even with all of the problems.

I had a dream last night that I was out of seg and had a visitor.

I entered the busy visitation room with all of the noise and bustle, and looked all around for you.

Then I heard, “Daddy”! I turned around and there she was, even though I knew immediately.

She had that same squeal just as she used to when I came home from work.

It seemed so real to see her, and she had brought a young man with her, as well.

I wonder if she was thinking about me; if she and my other two sons miss all of the things we used to do as a family, all of the trips and soccer games and wrestling with her brothers and riding her horse, the trips to the beach you’d save up for so we could all go, the times we’d drive to the mountains of NC and cut down our own Christmas tree and drink hot cider and spend the night. It all seems so far away and dreamlike, now.

I miss my children, Shel. All of them. Even after all of the trouble, hurt and pain they have caused; they have been through so much. When I would throw them all around in the pool, she would do the same thing.

It is so hard to be in this position, of hurt, anger and love, and then the misery of being here, the alienation of it all. I wonder if the nightmare will ever end.

I got a copy of the two grievances you wrote and posted to each of the administrative emails, as well as the governor today.

I know I have to keep writing these sick calls, and these requests for my long johns, but it feels so hopeless. The requests never go anywhere. I can’t even have a chair, for Pete’s sake. Would that be so hard to do? I am not violent. The throbbing doesn’t ever go fully away, and the pain is still too sharp after I start to stretch or do any exercise. And, now, in addition to all of my clothes I am lying under seven sheets and 2 blankets. I still haven’t gotten any help with the sick call from November 14th. So, they say I must write another request. I filled out another 490 for the long johns.

Well, later they led me out of here in hand cuffs, a belly chain and foot shackles to medical tonight just before 10 p.m. They took my blood pressure through 2 shirt jackets, 3 shirts, and I wonder how accurate that will be! The lead nurse started asking questions about my level of pain, which I said changes depending on whether or not I try to move. All they do is have me to lie down and mash a little around the now closed incision, and tell me that I am fine. They are doing no internal diagnostics.

I couldn’t believe they were doing anything at all, so I asked if they were seeing me because of a letter that had been written on my behalf. Of course they say, ‘no’.  If so, why was I being seen this late at night, and not by the regular day shift? I asked to see my blood work results, but all they say is that it was ‘fine’.  I asked how I could still be this cold, but they never have and answer.

It’s obvious that your calls and letters/emails are making them very uncomfortable. I just want you to know that what you are doing is great. Don’t lose heart…

Good morning. Well, I was taken once more to medical, at 9 a.m. and they wouldn’t allow me to wear my shirt jackets to walk through the prison. Another new, arbitrary rule to keep us confused, I guess. My temperature is again below normal, 97.5. I told the doctor that I still had odd swelling, and he says I could have issues for up to six months. This makes no sense. I told him that it was nothing like this before, and the pain seems to be coming from all over.

I asked him for help with the long johns, as medical has to write them up, and he said there would not be any coming from medical. I looked at the nurse who knew that she had just told you recently that the 490 had to be written from medical and then the doctor said medical was not in the business of handing out thermals. I guess this is retaliation for your writing the medical grievance. Even the CO couldn’t believe it. So, here I am, back in my cell, cold, and there are other inmates with 490s for thermals.

Well, I didn’t get my package so   tried to sleep, but couldn’t. The guys were all opening their food packages, and the ones that didn’t have them were trying to trade with the others.  I received your card and letters. They make me cry. It’s been s hard to be away from you. I have been so emotional. You have been such a blessing.

May God be part of your Every Decision

 I hope you and the readers don’t mind that I just seem to jump from topic to topic. I work so hard to stay focused in here, but it gets so hard at times. I never thought this was going to be as bad it is becoming.  I read the bible, and all of the things you send me, but there’s so little to occupy my time. It would be so great if some folks would write to me. I don’t mind answering any questions, or just corresponding. Will you give them my address?  I enjoy looking at the blog excerpts you send me, and am really surprised that people are reading this. I just do the best I can to get through these days, and to learn all I can so as to be a better person and to make a difference in the world and to help my children heal, as God allows us to reconnect.

Let’s see, today.November 23rd, I’ve been in here 84 days. It has been great to at least hear what is going on in the world through others. The Tarheels won today, 8-20, a football game! Appalachian State also did great 24-0 against WNCU at halftime.

I put in yet another request form for medical to let me have thermals. I just stay cold in here, and with the pain, it is bad. They are the only one who can administer the 490 for them. I just took a shower and feel so much better. I don’t understand why they won’t let us bathe everyday. They have plenty of personnel to do so. I mean, I do understand that it is a form of punishment, but to what end? I’m hungry, and have one more peanut butter and jelly sandwich, so will eat that here at 10 p.m. and write more later…

11/24/13

I was listening to 106.9 and the Christian music has more power than ever before, for some reason. I started crying this morning listening, just raising my hands, swaying back and forth and singing. It was so meaningful to hear God’s word, and to feel His love filling my heart. Without Him, I’d not have the strength to continue. I can do nothing in my own strength. I will fail every time, but realizing this and confessing this to God, believing in his Son will give me true strength and power. This truly lifts my Spirit, which is the power of Jesus in me.

The after affects of this entire incident from August 31 has been horrible. I now see that they’ve added 15, yes 15 years to my sentence because I didn’t want to suffocate in a prison cell, and asked for a CO to do something about the lack of moving air, and they’ve given me 24 points. I will be forced to do almost a year in isolation and continued to be punished for two or three more years afterward!

I still can’t over being so cold…I am in a building and have to wear 3 shirts, 2 shirt jackets, and pants, and my feet are still cold!

I just want to wish you all a wonderful Thanksgiving, and be sure to be thankful for all that you have-there’s always someone out there doing far worse. I will continue to write more of what God is teaching me in my next letters. May God be part of your every decision.

Trust Him, and He will not fail you!