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

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

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

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

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

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

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

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

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

……..

Where is the justice here?

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Letter to the Office of Executive Clemency of North Carolina, Pat McCrory

YOU COULD MAKE A DIFFERENCE SO AN INNOCENT MAN DOESN’T DIE FROM MEDICAL NEGLECT WHILE IN PRISON – PLEASE READ
please email your support to our cause here – clemency@nc.gov
 Dear Gov. McCrory,

You have the power to save my husband from abuse and torture, medical neglect, and possible death of a wrongly accused American citizen.

The innocent often do not have a voice, and we need assistance, as what has been happening at Marion Correctional in Marion, North Carolina has gone silent long enough. My husband could die.

My husband has recently had a surgery that was bare minimum in its procedure and consequent care, in isolation in a prison where he does not belong.

I am afraid that he now has an internal infection where the huge 5″ incision was performed and has closed the infection inside. He has not been allowed to bathe daily, and had no way to clean his wounds or to care for himself properly since the surgery on October 15. He gets subgrade food that is not nourishing him, and he almost died on the day of the surgery.

I am writing a formal complaint that will be emailed today to several House of Representatives, as well as to the DOC in Raleigh, and to other government officials. He could die under these conditions, as it has been almost six weeks (Oct.15 surgery) and he has symptoms that would indicate that he has an internal infection that could lead to his becoming septic.

He almost died the same day as the surgery, as he stood in handcuffs on his arms and ankles not even 10 hours after the surgery to relieve himself, and the guards would not even allow him to sit on the toilet, but he had to stand, shackled. As a result from the strain, he began to bleed continuously. By a miracle of God, as doctor and nurses could not stop it, the blood pouring out of his body stopped.

He wasn’t even allowed an overnight stay for observation. He has received no further medical assistance to help him heal , such as extra or special food rations, ability to receive vitamin or other supplements for possible anemia, etc. He cannot even sit in the sun to get much needed fresh air and healing from the effects of the sun.

Please understand that the doctor at Marion, as well as his assistant have been recently ‘moved’ due to this type of medical neglect. There is also an inmate currently whose incision was reopened due to his hernia becoming infected, and he had to be internally cleansed from the lack of care. 

Daniel was wrongfully imprisoned in 2011 in Guilford County, with no evidence against him, a threatened jury, and I was not allowed to testify on his behalf, as they threatened to throw me in jail if I did, and we have two autistic boys, as well as my 85 year old mother, and there would be no one left to care for them. The jury was threatened by Judge Stewart Albright, after three days of deliberation where they could not come to a unanimous guilty verdict.

It was a hung jury, yet on that Friday in January 2011, he brought in the jury after lunch, at 1:15pm and screamed at this panel of older, tired people, threatening to keep them there indefinitely if they did not make a unanimous finding.

At 3:30 pm they walked in and found my husband guilty of 13 counts of sexual related felonies, and 10 years a piece, railroading his sentence into 130 years, with NO evidence, no forensic expertfor the defense, and no testimony from myself, with all of the records of therapy for my step kids, how his ex wife left the youngest son on our doorstep, saying we could ‘have’ him, and the signs she had groomed the oldest step son, if he was not also molested by her boyfriend, as well. This same child, now 20, had sexually molested both my boys. We had tried to get him hsopitalized, but there were no beds at the time I first suspected the sexual abuse, and we were on a waiting list with intensive in home mental services.

My testimony would have ruined Assistant DA Maury A. Hubbard’s case against Daniel Sr. Our story has yet to be told, but I am working diligently, but his health issues have put a stop to that for now.

My mother’s family, as well as us, have lived in Alamance County or Guilford for many decades, my mother was born in Alamance County. I am a third generation graduate of Elon College, and was a Dean’s List Student. We are hard working American citizens who always paid our taxes and tried to make a difference in the world.

You can be a voice for the innocent where it has been silenced by these District 18 officials. They falsely ruined my career as a day care administrator, and our families, putting children back in the presence of a perpetrator, if not two.

Wake Forest Innocence Clinic has been preparing Daniel’s case this year to see what can be done to get him out and clear his name, and our reputations.

I am asking all those I email and mail to call to the Marion Correctional Center or better yet, to the Raleigh branch of the DOC, Mr. Solomon’s office, the director, to ask that my husband be allowed to :

  • be transported to see Dr. Cope in Burlington, NC for  unbiased, third party review and possible care plan,
  • that his A charges be dropped, as the isolation  sentence is a farce and created just as punishment as he and five others  were being brave enough to beg for HVAC repair when there was no air all  week in their unit while the rest of the prison had air for most of the  week of Aug.31,
  • and since he has now served 84 days of isolation  from his peers in both admin seg and now ICON total – both are isolation ,  that his abuse and torture be stopped.
  • that you use your wisdom as governor to use your  executive power As the Governor of NC, to look over my complete documents,  and to see the racial discrimination, the profiling, the prosecutorial  misconduct by Mr. Hubbard, as well as the purposeful breach to a fair trial that Judge Albright commited by allowing Mr. Hubbard III to commit     such unconstitutional acts, as can be shown by reading the 16 page     grievance to the State Bar that they have not ruled on yet. It is quite     forthcoming. He was not allowed an unbiased set of peers, as there were NO  Mexican Americans on the jury, either.

The first Amendment breach was so crucial to the false imprisonment being allowed to take place to Daniel.

A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government. Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. The framers of the constitutions strove to create an independent judiciary but insisted upon further protection against arbitrary action. Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt overzealous prosecutor and against the compliant, biased, or eccentric judge. . . . [T]he jury trial provisions . . . reflect a fundamental decision about the exercise of official power–a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges. Fear of unchecked power . . . found expression in the criminal law in this insistence upon community participation in the determination of guilt or innocence.”48 – See more at:http://constitution.findlaw.com/amendment6/annotation04.html#sthash.2Wt7XyiO.dpuf

What our forefathers strove to prevent by creating this priceless amendment was carelessly trampled on by both Judge Albright who allowed the fiasco and encouraged the abuse, by Maury Hubbard III, who completely abandoned his code of ethics at the courthouse door, and to Sabrina Bailey, who allowed my husband to not recieve adequate counsel.

Looking at the false ICON charges:

The UN states that 30 days constitutes torture. He only feels fresh air or the sun once a week. He gets no extra food for a period of seventeen hours each day  as that is when they feed them supper, at 330 pm –  until 530 am the next morning, when they are served breakfast . They are not allowed to purchase any food as additional punishment, nor are they allowed to bathe daily, and cannot even purchase toothpaste. If they are allowed an hour of outside time once a week, they are lucky.

This clearly a breach of the 8th amendment, and something must be done to stop this treatment to an American born, formerly tax paying citizen (26%), who worked hard his entire life, living in North Carolina from age 7, having moved from Chicago.

I have an entire grievance, as well as a formal complaint discussing both issues in full- medical neglect and unconstitutionality of his isolation sentence, that will be emailed to you today, as soon as I transfer it from paper to computer.

Thank you for your time and consideration.

My husband created the mix that covered most of the good highway roads in Guilford and Alamance County, working for APAC, and building the plant on 421 with only a high school education. He is a very smart, hard working Mexican American citizen.

I will send this story to every newspaper, representative of legislature, and non profit I can find over the next week until someone listens. Please do not let an innocent man die from neglect and torture, as he will die there if someone doesn’t help us soon.

Thank you for taking the time to read this letter.

Rochelle Long, power of attorney for Daniel Palacios, opus #1248101