You are like Ruth, you never turn back…

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

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

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

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

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

I am reading on Ruth today. She is like you; you never turn back. You will only press forward, knowing God has a plan for your life. She worked so diligently and then became one of Jesus’ grandmothers. You, like Ruth, have courage and are a child of God.
ruth_bible__image_2_sjpg1152

1/11/14
I was up late last night and couldn’t sleep. I started humming this little tune, and it got louder and louder, and then I looked at my watch and saw the date- it was the tune I’d sing to Alex when he was bouncing on my leg or when I would hold him when he couldn’t sleep when he was so small, so long ago!
Happy Birthday Big Bear! God is so great to put that tune in my head to remember you! That became a special tune for when I was with him, but I still don’t know where it came from! It made him laugh and coo, and thinking of that is refreshing to my spirit. God wants to remember all of the little things that bless us, but we never thank Him for. I love you, Alex!

It is good to see the sun, even if it is too cold here to feel it

Federal%20prison%20cell%20Vick

1/6/14
It has been a difficult day; so cold that I had to wear 3 pairs of socks, 3 each of shirt jackets and undershirts, and 1 pr of pants.

It’s going to perhaps even get to 0 degrees F tonight. I have written grievances to the Sgt, Unit Manager, the Cpt. and to the assistant superintendent. It is a request for a work order for the heat to be fixed. I know nothing will be done, but it does give you a path when writing an injunction against the treatment in isolation.

I have been working on my letter to CPS and I’ve gone through 100 sheets of paper trying to hand write this grievance, but I can’t get it right. I only have two sheets of paper left now, and one has a stain on it.

I’m so hungry. I think from being so cold that my body has used all of its resources to stay warm. I haven’t had any coffee today, either. It’s pretty bad. I’m having a lot of back pain too, and had to take some naproxen for it. Does your back hurt lately? I am so tuned in to you still that I can feel your different body aches and pains.

1/8/14

I saw the psychologist lady again today; she is no help whatsoever. All she asks is, “How can I help you?”, and then she interrupts you before you finish, and she interrupts saying she can’t do that. I told her again that I wanted a psychological eval and she says that there isn’t any evidence to suggest that I need one. Her response is, ” You should have stayed out of trouble so you wouldn’t be put in isolation,” as if she could stand the heat from being locked in a cell with no moving air in August. It’s no wonder the people go crazy – there is no rationale in a place like this. The lack of compassion by those who work here is alarming, as we are seen than less than human. She ended the ‘visit’ saying that if I needed her to let her know. Wow; as if she has done anything so far.   I told her that I would have to get my wife to call Raleigh to get any help, and she answered, “You just do that”.  Such is the attitude here in general.

The nurse came by to have me sign for a new diet that  I asked for, which should include wheat bread, and more fruit instead of all of the straight starch we are forced to eat now. There may actually be some ‘real’ meat.

It is nice to see the sun on the wall, at least, even if it is too cold to warm my room.  I am doing my best to surrender to the fact that God is in control, and it’s been so hard to let go of that need to fix things on my own. I try to be content and not look to man to meet my needs. The lessons are becoming easier to understand, but I must still the drive to want more.

I will be strictly monitored on this new diet that took several months of requesting to get on; my canteen – once I can order from it again, my weight will be checked each month and if I gain any weight I will be taken off of it, as well. It is not practical but I will try to earn this better grade of food.

The lights have been staying on past 11 or even 11:30 p.m., but 10 p.m. is the policy, even though they have the lame excuse that the lights are on so the men can shave, some times until 12 a.m.? We didn’t even get showers tonight, when there’s no reason not to, other than they don’t follow their own policies, yet expect us to. The Sgt. says there’s no policy in seg about turning off the lights, as long as the guards are working on things for the men. I find this very hard to believe.

I waited until 2 a.m. for grievance forms about this, but none came, so I finally laid down. I know I need to stand up for these things as long as it isn’t about pride, as I want to do things for God’s glory. When we delay obedience to God, by doing things on my own, it makes it more difficult to receive further instructions. The more our faith grows the easier it becomes to wait on God’s timing.

Allow God to break the outer self

 Psalm 136  King James Version (KJV) 136 O give thanks unto the Lord; for he is good: for his mercy endureth for ever. 2 O give thanks unto the God of gods: for his mercy endureth for ever. 3 O give thanks to the Lord of lords: for his mercy endureth for ever.


Psalm 136
King James Version (KJV)
136 O give thanks unto the Lord; for he is good: for his mercy endureth for ever.
2 O give thanks unto the God of gods: for his mercy endureth for ever.
3 O give thanks to the Lord of lords: for his mercy endureth for ever.

12/30/13

 

Dear Rochelle,

God is love. That is what God wants all men and women to know. As God’s children, we search for love, but often don’t know where to look. It’s hard for us to understand His love because it comes freely. We think there is always a price for love. Why? Well, we often equate sex for love. Sex should only be a by-product of our love as man and wife, not what comes first. We have replaced God’s love with empty words. We want to find satisfaction and we think sex is the answer, but we can never be fulfilled in this way.

From partner to partner we look, but our answers cannot be found in ‘man’. This is one way God breaks the outer self, to show us that we are not in control. Time after time He shows us. It is only in knowing God that our emptiness subsides. When our outer self is broken, then we receive great joy, a feeling beyond the flesh, beyond explanation. It is the one ture love that we should seek first, and then we will be equally yoked with a partner.

Now, don’t think that it isn’t that I don’t desire you, Rochelle. You are never far from my thoughts. My wanting you burns deep, wanting once again to be intimate with you. I now know that my love for you is pure, as it has moved beyond the simple physical. Intimacy as husband and wife is a pouring out of God’s love; His spirit being in them both to become one before God. There is no shame in God’s eyes so why should be ashamed in front of each other? Our society has become so corrupt that we no longer live for God. His love then becomes bound inside us, and cannot be released.

The outer self has to be disciplined and broken to pieces in order for God’s spirit to be released. We need to allow God to be the blacksmith, and bend us in His fire to be made anew.  We have to lay ourselves before God, and give ourselves up, seeking Him intimately. Only then will you find the true love that you seek.

You have brought me out of a pit

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

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

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

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

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

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

kindness

12/16/13

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

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

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

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

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

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

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

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

 

12/17/13

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

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

12/18/13

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

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.

One stone can change the world

12/12/13
david-and-goliath

Someone must be reading my grievances; yesterday I noticed that the air was warmer while still blowing with so much force. They must have raised the temp just a few degrees, which makes a big difference for us.

God spoke to me while I was listening to a preacher speak about David and Goliath, and it came to me that often-heard story is meant as to explain the coming of Christ; that Jesus was the stone in David’s sling that would defeat sin. David didn’t worry about manmade armor or a large weapon; his only concern was the protection of his people against an enemy. Even as Saul’s men trembled, David went to the stream bed and picked out a perfect assortment of rocks. They laughed at this young man, standing confident with no armor or expensive gear; just a simple peasant. But, David’s faith was so strong that he let God lead his arm, so that the stone brought him down, and David cut of Goliath’s head with his own sword.

See how this is Christ coming to change the world? He came to do away with sin that has separated us from our heavenly Father. God was showing the world that one stone can change the world.

Don’t be afraid to praise God! Rejoice in the Lord and proclaim His work to all. Yes, we all fail at times, but draw on the strength of God. My heart was hardened with so many years of abuse, but in His light, you always shined! God knew it would take a strong woman to break me down for Him to begin working on me! Praise God! Let others know that it is Jesus’ love for them; to have hope – many have suffered but you are not alone! We have to take it on faith! Even in such a place as this I can love the Lord! I feel secure in God’s hands, something I’ve never felt before. He will never make us come to Him.
I just want to convey my joy in God to be released from bondage that I alone had put myself in, as sin no longer controls me. Know the Lord is with you! With faith are we made free!

I have no value unless it comes through God

The mind of man plans his way but the Lord directs his steps. Proverbs 16:9

The mind of man plans his way but the Lord directs his steps. Proverbs 16:9

12/5/13 .

…….

Praise God for keeping me calm, and knowing when to keep my mouth shut.

The assistant superintendent came in today and looked in my room to see if he could find anything wrong. He saw that

I had a paper cover over most of my light. Not that it really did any good during the day, but as we don’t get

any relief from the constant light, it did help at night. He made me take it down. I complied, as I don’t need any more write ups.

No matter what they do, I am receiving lessons, and God is with me, so who can be against me?

I no longer have my own strength, but the full measure comes from God himself. NO one else got in trouble for their papers,

but I just accepted it as part of what is coming as we have started these formal grievances.

We only have an 8 x 10 cell, with 4 long fluorescent bulbs keeping it lit up in here. Some days they are on for over 19 hours.

My heart rate went up, knowing I was the one singled out, I heard a whisper in my ear stating, “I am in control.”

Just seeing his face angered me, but God’s spirit kept me calm.

What I’m trying to tell y0u is that I have no value unless it comes through God. All my own actions are worthless until I submit fully to God’s will working in my life.

Now that you have sent things to the representatives and congress and the governor, things should get tougher on the prison.  They were hoping this would just disappear. But, that hasn’t happened. God is in control.

I did do some exercising, and was able to get in 10 pushups before I had a sharp pain and stopped.  I did 36 toe touches and 50 side bends. I sometimes get these sharp inner pains, but the swelling has started to go down a little, almost two months later.

I’m drinking a cup of my coffee now, thinking of all of these evenings we would sit in the swing on the front porch and watch the stars in the summer, or winter and there’d be steam coming off of our breaths as we talked about our day or things to do with the kids.

I took for granted all those blessed days. I now await God’s next chapter of our lives together. I know it will be quite an experience.

Things will work out according to God’s will. We have to wait on God and not force it to be something we want, when we want it.

I love you.

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