The prison has never addressed my pain post-op

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

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

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

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

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

12/28/13

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

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

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

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

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

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

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

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

I simply thought I was weak.

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

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

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

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

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

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

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

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

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

I won!

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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…..

Ready to take a stand against CPS in North Carolina

Hello, all.
Rochelle here.
I would like to give you an update on where I stand on this.
There is deep anger inside of me at being failed by a system sworn to protect its citizens, where people are supposed to be innocent until proven guilty, and where there is liberty and justice for all. That is far from the truth, and it is happening right under your noses.
Because of my strong faith in a loving God, and an understanding of the purpose of suffering in the lives of humans, I continue on.

After one year of extreme suffering over the loss of my family, my step-children, the trauma induced on my own two children, and the destruction of both my and my husband’s good name, Daniel and I discussed a divorce, for many reasons relating to his more or less life sentencing. After five months of further deliberations and much sadness, we wrote it up through the prison system. That did not change my love for him, it actually has strengthened it, as I have had to deal with so many struggles and pain from being abandoned as a single mom with no income or way to survive after what happened. I learned to rely on God, and had to go through the many stages of grief. As my sons come to terms with the abuse by their step-siblings, and the family’s destruction, they are also having to deal with their own loss of self, as my oldest step son abused him as he had been abused at his mother’s home, and we are not sure yet who all was involved in this sad atrocity.

We were not perfect, but we gave everything we had to raising these children, even with all of the trauma and abuse they came into my home with, and then perpetrated on my own children, as well as the manipulation and trauma and abuse I received from them. I understand suffering much better now, and can love these children who are now young adults, in a much more profound way, tempered by love of an unconditional God and through decades of work as a medicine woman, healer, and in working with the abused.

These past four years since the allegations started have been the most crucial, however. I must admit that the suffering, anguish, loss and poor treatment by professional men and women in many arenas, such as car repair, as landlords, teachers, mental hospital workers for my younger son, the prison officials and guards,  the lawyers both for the defense and the state has taught me a great deal. I have become more calm, patient, understanding, gentle and soft spoken.  I am MUCH more aware of the pain of others than I even thought I was capable of as an empath, and I have a much better understanding of how being an adult with autism, Asperger’s  – deeply affects how I view people and the world. I am much more compassionate towards my own boys with autism’s needs, and work harder than ever to be affectionate, aware and an active listener. When they destroy my things, hit me or cry out, “How can you tell me to love them after what they’ve done to us?” I cry and tell them they must understand that someone did these things to them, as well. Understanding a wrong does make it go away, just a little easier to carry through this life.

The biggest gift that I can share with the world is now being free from fear.

I no longer fear the lawyer with the $100k salary who threatened two already frightened and exhausted parents with the world against them. Nor do I fear the CPS director with the same salary, nor the two people below him who were angry, subjective women with a vendetta against men. I have talked to a few people about taking care of my boys, 12 and almost 14, should something ‘accidental’ happen to me. I’m doing my best to prepare whereas I was taken unawares and unprepared, trusting and naive before.

As a result, I am working to learn all I can about how to file a class action law suit, how to do legal research, and get to the truth of how to fight injustice, especially North Carolina, as that is my true home, and where I spent the majority of my life. I love the mountains of NC, and hope to have a permaculture based school there for special needs’ children. I had just started my Masters in Special Ed when this happened in 2009.

So, if you are someone who has truly been abused by CPS, especially men falsely accused in North Carolina, or you do pro-bono work, or know how to find someone who has knowledge of how to fight this system, please email me at chicanogets113years@gmail.com

If you are someone who feels ashamed, sad, hurt or abused by this system, and just want to talk, I am here.

In the meantime, I wrote a formal grievance to CPS in Guilford County two weeks ago, and I am going to start the research for legal retribution for the wrongs they’ve committed, even if I have to represent Daniel and I by myself. I will no longer rest while reading stories of how poor and middle class people’s families are being destroyed to line others’ pocket books. I will start posting segments of this grievance tonight.

Thank you for all who stop by, and for those who pray for all of us.

For those who are spying on me because you are guilty of destroying my family, I pray for you, as well. My God is the judge in the end, and offers a more lasting consequence than any you could lash upon this tired body.

Blessings and love,

Rochelle, Atsila Agisdii, Fire Eater – One who eats the pain of others

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