Allow God to work in your life, to be in control…

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1/28/14
I just got another SAT book, this one from Barron’s, but the Black book says these books don’t help much. I think though that this book will help more with the concepts I need to study and get more practice with, mainly because I haven’t done work like this in 20 years. Man, I’m old!

I’m still working out, but my back hurts; I would give anything to see a chiropractor. It is like I have a pinched nerve. I know an adjustment would take care of it. I got my grievance back today, and they said they asked the officers to consider turning off the light at a decent hour from now on, but their excuse is that the inmates need to shave or to move around after 10. But, they should start this earlier in the evening. It’s not like we’re doing anything else, anyway.

You are so beautiful, and I miss you so! You mean so much to my well being! Thank the Lord for your presence in my life. Things will become easier as we learn God’s will for our lives. I love your enthusiasm! You help me keep my excitement up while I focus more on reading and studying more.

The heat issue just can’t get resolved. They won’t repair this heating system, and sometimes it works, and sometimes not. Now that I had to turn in my extra clothes I about have to stay under the covers all day to stay warm with only one pair of socks and a shirt. I’m so afraid of getting sick, and I can only work out for a little while and then sometimes I start to hurt. It has been such a blessing to keep the health I do have. An extra mat to sleep on would sure help my back; heaven forbid I ever get to feel a real mattress again…

1/30/14
Don’t worry so much about the move; you are making too much of it, and not trusting God enough. Bring yourself back to God so he can guide you down the correct path.

I’m not sure about this lawyer either. They should be answering us sooner, but often work on their own time, not our. I’m not disagreeing with you about the investigator either, but remember everyone wants as much money as they can get. Pray about this, and don’t allow others to influence you by getting you all riled up. Calm down and talk to God. I do believe things should be moving quicker, but God is in control, so wait on Him!

2/1/14
Every aspect of our life should be spent thanking God for all He has created. I am so blessed He sent me a friend like you, who takes such good care of our children. It was such a blessing to be allowed to go outside today, around 7:20 a.m. The CO’s didn’t make fun of us as they usually do. Praise God for changing their hearts! It was around 35 degrees, so not too bad, and I got to talk to some of the guys out here today. They let us stay outside for about an hour and a half; my toes were numb, but it was worth it! We should be getting our reviews soon, someone said, and that some of us could be shipped out.

It was so great to get a shower tonight. I didn’t notice the time, but they were sort of rushing everyone, and the shower were finished by 9 p.m. Normally it would be after 10:30, leaving most of us to wait 20 or 30 minute. And, they turned out the lights – Praise God! It is so great to rest without all of the blaring lights.

2/3/2014
Good day, Rochelle. How are things at home? I hope they are well. If not, tell me about it. May God’s peace be with you at home and in your hearts. Every day poses these problems, but each day Jesus gives His love to me to comfort my despair. Sorry for not writing more. I’ve been trying to listen to God more, an staying still. God doesn’t make mistakes, so when are you going to see your worth? You are so valuable for His work on Earth. Kneel down and ask for guidance, for your head to stop spinning. You are not taking enough time for God.
Slow down!
Get off of that computer more, and listen to God! Read His word. I’ve been a very stubborn man, and am finally ready to listen to His guidance and to hear His voice! I had allowed my life experiences to harden my heart, and now the Holy Spirit continues to break the outer man and to see how the world had me in its grip. Allow God to work in your life. When you allow God to be in control, then your life can truly begin.

I’ve been so lonely, and just gave my heart to the Lord

Sorry, I took a few days off and listened to football games.

Carolina lost, but they played hard for the first half, just seemed to lose focus. We do that, forget to keep our eyes on God.

God has to be centered in all that we do, so that we can truly come to know His power. Once it becomes about ourselves, the God is lost to us. We have to surrender ourselves to God, so that the fight comes through Him. This will be the only way that our truth can be revealed, by how we speak, live our lives, and surrendering to what ‘is’. When we rush things, we hinder God’s plan.

These past few days have been so cold, with the men complaining, but doing nothing in writing. I am amazed by how cold it is for us in here. I miss you so much. I’ve had to wear all of my clothes, and it’s gotten down to 0 degrees in the night.  I hope to get some more coffee in a couple of days to help ease it off a little.

Thank you so much for sharing with me what is going on at home; I so miss being a family. Even the little things about washing dishes with you after you made a mess all over the kitchen from one of your great, home cooked meals, the faces the boys make, their shenanigans, and excuses at bedtime and running all over the house.

I did finally get the new diet today. They kept trying to give me a regular one, but I sent it back. I’m not going to give them something to cancel it for, when I’ve worked so hard to get it! I got some exercise in today, and that helped warm me a little.  No pain today, which is a good sign.

I want you to calm down about the lawyer; I think you’ve scared them, I know how you can be. Be patient, I’m sure they have many cases, and God is working things out as He sees fit. Take some deep breaths and stay calm. Nothing much rattles your cage, except maybe a horse falling in the pool with the cover on it, or a nest of wound up yellow jackets..lol, but we all have different skill sets and abilities, and can then draw a complement in a mate.

I hope to see you on Wednesday, it was such a blessing to see the boys! It caught me off guard and was such a surprise. If you can’t make it this week, I understand. …

1/15/14

You are so beautiful today, you walked in with such confidence. You have been a great example for our children.

I got back to my cell and there were some papers by my door. Someone had tried to set up a visit but forgot to add a driver’s license copy, so it was good that I had not quite finished the letter to my friend. Now I am able to request new forms, and explain what happened in this letter and mail them together. God created a way for me to save a stamp, which is always good to do in here. He always keeps our circumstances in mind.

I’ve been so lonely, and I just gave my heart to the Lord and cried for a long time, my heart is just so sick from this isolation and separation. When I calmed down, I opened my devotional to Psalms 4, and cried even more, it was entitled, “Sweet Rest”. I feel he answered my prayer with your visit. He gave me sweet mercy, and also you enough gas to make the visit. My heart is filled with joy.

 Psalm 4  King James Version (KJV) 4 Hear me when I call, O God of my righteousness: thou hast enlarged me when I was in distress; have mercy upon me, and hear my prayer.


Psalm 4
King James Version (KJV)
4 Hear me when I call, O God of my righteousness: thou hast enlarged me when I was in distress; have mercy upon me, and hear my prayer.

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!

They say 2 hours of sleep is normal if you don’t exercise (111 days in isolation)

I have started to scare myself with how much joy I have now for God.
You are such a harbor me; through all of these trials you’ve never wavered.
I feel our hearts are together always, even through these walls of cement.

They came today for the sick call I wrote ten days ago.
They also answered my request forms saying they won’t give me copies of my medical records.
I have to write to Raleigh’s Department of Corrections, so if you can do that, maybe they will give them to you. They took my blood work on November 19th. I can’t get through to them how much pain this is, and they will do nothing but just tell me to expect pain, to work out, like I haven’t been trying. No one actually does anything. But, I will try to hang on in faith, and give God my burdens.

Praise God! He is moving mountains through you, Rochelle! On our limited canteen list it was now offering for us to purchase multi-vitamins and glucosamine! We were never allowed to get vitamins until now! He is working mightily through you. I wrote to the unit manager giving thanks and asking if they could please allow us to get fish oil.

12/20/13

I was the psychologist today for about 15 minutes. I explained about the sleep deprivation and the lighting, and the extreme cold and she said that 2 hours of sleep at a time was normal without any strenuous activity. Even after I explained my depression, bouts of crying and hopelessness, she said that she couldn’t help and that it didn’t warrant a full psychological evaluation.

She said that things would be better once I’m out of isolation. REALLY? I only have about 90 more days.

The only way to get any version of ‘help’ is if I try to hurt myself or others. Great.

We went outside this morning. IT was so great to finally get outside. I could smell wood burning! It was so homey and reminded me of the fires we would burn sometimes. The leaves and wood smelled so real! I’ve not smelled that in three years now.

12/22/13

I see the importance of celebrating the birth of our Lord now. Before it was more selfish in nature, but this is much bigger; it’s about showing love to others to spread God’s unending love to all. I wish you all a Merry Christmas and may His love fill your hearts as He has mine.

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

No one would ever be treated like this in the outside world

imgHeroFeelingLoneliness

11/29/13
Well, no one has come to evaluate me for a better type of diet, NMT-3,
even though I’ve requested it several times. Also, my response to the
request for thermals came back denied, “Custody is only allowed to issue thermals to inmates who work.”

But, I’ve some how made it through another cold night, praise God! The air blows like hard like the wind in PA, that never stopped in winter. Even now when I sit to write, it beats on my arms, face, chest and hands, even making them blue. The nurse did come by at 5:30, praise God, and ask if I wanted pain meds; of course I said ‘yes’, and after eating could actually sleep a little, even with the lights on. You would go crazy in here, as they are never off. I wouldn’t wish this on anyone. This relief for the pain has been a tremendous help, and has at least given me some sort rest. Praise God for his works through you! And, for you to feel strong enough to stand up to these giants. They are truly bullies to us in here.

God meant for all of us to rest, but not in this prison.
The same people who administer these cruel conditions should have to endure them for a few months, this torture, and see if there is then any reform in the prison system.

 

Here is what happened with the heat, from what I can tell – it came on, and was warm for one day, and then the next day a mechanic was out, and then the lights were flickering on and off, like they were looking for what fuse was tripped, or trying to figure out why the heat wasn’t working. It was never fixed after that one attempt.

When I woke up this morning, after my time in the rec cage, I was throbbing with pain from the attempt at walking and stretching. Even with the meds, it still hurts to exercise, but I keep on because you said it would be best for the scar tissue and where the tissue is growing over the mesh.

12/1/13
Good morning, love. I went to rec again, it was inside this time. I can’t get over this pain – it has been seven weeks now, and I feel weird all the way down to the bottom of my groin. All of my male ‘parts’ are experiencing numbness, but they have done NO diagnostics, either before or after my surgery to see what is happening to my insides. I also have these sharp pains that throb down there, as well, and when I walk, it feels like something is rubbing inside. It’s hard to explain. IF they would just take me to a doctor who would do standard protocol, and xray or something, then they could better understand what IS going on, if it’s an infection or if something is wrong, they could fix it. I would never be treated like this in the outside world.
A man was put in here today, just for speaking during the Moorish Science Temple time in the chapel. The administrator said he couldn’t teach what he was saying, but the man didn’t stop. He was then given a C-3 charge for speaking on his beliefs. However, that won’t be on the official charge, of course. But, that same officer was also the DHO overseeing the case, which totally goes against policy. But, there’s no one to help us get any sort of justice.

Unanswered Grievance to the NC Bar after 2 years, prosecutorial misconduct, wrongful imprisonment

……

Dyson v. United States, 418 A.2d 127, 130 n. 5 (D.C. 1980) (Prosecutor has ethical obligation not to express personal opinion on guilt.) Sherrod v. United States, 478 A.2d 644, 657 n.15 (D.C. 1984) (Error for prosecutor to express “personal belief in appellant’s guilt.”)

Lines 14-17 “And, of course, that’s the crime that occurred when they first moved back to Greensboro to 2021 Rankin Mill Road…and obviously Veronica testified to you that there were-began about a month or so after they –they moved back. Lines 25-26, “He’s the one who’s (sic) creating the situation where there’s so many times that he’s done that that she-she can’t tell you exactly how many times…But that’s no fault of hers. That is something that the defendant’s created.

-vouching for the credibility of witnesses or offering a personal opinion about the evidence U.S. Constitution amend. VI (“In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him…”) Finch v. United States, 867 A. 2.d 222, 227 (D.C. 2005) (Improper for prosecutor to express evident opinion that government witness’ testimony had been “incredibly straightforward.”) p. 556, lines 13-15 So, intercourse occurred during that time is first-degree rape of a child under the age of thirteen years. p.557, Lines2-4  All indications. In any event, clearly that is sexual intercourse within the definition. Over and over, he assumes guilt to a jury that has not deliberated. Lines 7-10 And obviously prior to –since this is between February 1st of 2008 and August the 1st of 2008 she was twelve years old during that time period. So she was under the age of thirteen. Lines20-21 I contend that the evidence you heard more than proves that. p. 558 contorting the truth and what defendant said to make it look like something else was said lines 6-13, Second, that the person with whom the defendant had vaginal intercourse was the defendant’s child. It was uncontroverted, the defendant said it himself, that she’s his daughter. So, you can take that as proven. (Nothing was proven other than common public knowledge – defendant knows that Veronica is his daughter.)

Lines 15-25 do nothing but further confuse the ‘evidence’. Line 24 states “There’s no doubt of that being proven.” But what was proven through all of that? Just when her birthdays were and that I am her father. He continues on in that vein of discussion for two more pages. Nothing is proven. p.560, lines, 16-17 “and again, I would contend that the evidence more than adequately proves that occurred. Washington v. United States, 397 A.2d 946, 951 (D.C. 1979) (Misconduct for prosecutor to argue, “I believe [witness’] testimony”) p.562, 11-13 “And this evidence proves, I contend, that he has committed that particular act, he’s guilty of that particular act.” Hyman v. United States, 342 A.2d 43,45 (D.C. 1975) (“[A] prosecutor may not express his opinion of the veracity of a witness…since such remarks amount to unsworn testimony and as such are impermissible”) – alludes to the 6th amend. Right to enjoy the right to be confronted with the witnesses against him…”) p.563 lines 1-3 “And so therefore we can take that element as well as having been proven”. What, that I wasn’t married to her? That isn’t even a question. p. 563 Lines 19-22, “So, I could have charged many more counts based on the number of times that she described, but we didn’t know the exact number of times.” Daye v. United States, 733 A.2d 321, 328 n.6 (DC 1999) (Improper for prosecutor to argue that “[i]f we had other evidence that [government witness] committed this murder, we would have prosecuted him for that.”) p.565 Lines 14-16,”… which I contend, both of those I contend are proven to you by the evidence you heard.” p.567 lines 4-6 I contend to you that this evidence more than amply proves each and every element of each – of each of these charges beyond a reasonable doubt.”

…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.