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………

Advertisements

There’s No One but God to ask for help in here

 KJV Exodus 23:25.  And ye shall serve the LORD your God, and he shall bless thy bread, and thy water; and I will take sickness away from the midst of thee.  - King James Bible

KJV Exodus 23:25.
And ye shall serve the LORD your God, and he shall bless thy bread, and thy water; and I will take sickness away from the midst of thee.
– King James Bible

11-2-13

I love the way your letters smell! (Do I tell you this every time?)
These lights are very bright; get woken up every day, the same time, with lights burning on and time for feed (4:30). I hate the way they turn these lights on, and then off(10 p.m.)
It has been cold today. I wish I could get a shirt jacket. They don’t want to give or do anything to help us. at all. I’m even wearing two shirts, two pairs of socks, and pants. I’ve felt down all day due to this coldness.
I’m trying to find a way to get some Q-tips, ink pens, and Lever 2000 soap. That means I have to look for someone who has just come into seg before they see the DHO. Then, I will also have to buy it. The little state bar they give us doesn’t really work, and makes my whole body break out.

When we ‘fish’ and it is far away, we have to work together to get it from one place to another. Then when they get back to regular population, it’s each for himself.

11/3/13

I finished writing both of the boys a letter. I worry about how you are holding it together, and if they will have to be sent away. They have been through so much, and are holding it together as good as they can, but they could straighten up a lot of their behavior.

It is still sooo cold, but mainly my feet, even with two pairs of socks. I wish I could figure it out; it’s not like me to not be able to get warm.

11/14/13

I’ve not been well in mind.  I thought I was just being depressed, but at day 75, I am slowly losing my feel on things.

I have to get closer to God, strengthen my relationship with Him so I can hear Him speak. I think now that I am being attacked to keep that from happening. Just as Daniel prayed and fasted for 20 days before the archangel Michael was able to break through to deliver God’s message to him.

The nurse came today, along with the doctor. They came because I wrote a request form for more Ibuprofen because of the pain. He looked at my incision and said it was healing well. He asked me where it hurt, and was poking around and he just said that sometimes nerves are hit and it takes longer to heal. He’s going to prescribe some more pain medicine, like Advil. I asked him why I was staying so cold; I explained that I’d never had this feeling before I lost all of the blood after surgery. He said he would have my blood looked at to see if I was anemic. Sounds like they already knew that’s what had happened, but they just weren’t going to do anything about it.

I’ve asked for vitamins because I feel so lethargic. I just don’t feel like myself. I miss you so much. It makes me cry. The loneliness is starting to really think in. I guess. Louvonda wrote me a letter and said my package request was rejected, and they sent her back her money. The lawyer has called her to say that the investigator was sick, and that was why he wasn’t reporting anything back.

I still haven’t received anything for the pain, and I have the shakes and my head pounds. Don’t know what is going on, maybe I have a fever. I only have God to ask for help…

I feel much better today…

10-29-13

Dear Shel,

I re-read your last letter another time, because I didn’t get a letter this week. I noticed that you fear me

spirituality, injustice, relationships

If you don’t hear from me, it’s because my pens ran out of ink, and they won’t let me buy more in seg.

going to “ICON”, but I am already there. I should not be shipped to another camp unless

DOC decides to after my next hearing, so I will serve my seg time here. It should be six months of isolation, with another three in ‘close observation’ because they are ‘afraid’ I might rile up the inmates, even though all we did was refuse to go into our cells because it was sweltering after three days of no air circulation. I see in your letter where these types of things are happening to other inmates, some guys had their fans taken away, so they sat out and were all thrown in ICON, too. I couldn’t believe the story about the man who was written up one day for eating his whole apple, as apple seeds are considered ‘poison’ (God, the lengths they go to to torture us emotionally), so the next day he didn’t touch it, so he was written up again for ‘refusing to eat’. It is like that here, but not quite as bad. (http://solitarywatch.com/category/featured-posts/)

I got the visit forms because of the amount of pestering I did to the guards this week (lol), they will be in this letter, so you can finally change the address for you and the boys in time over the next two weeks, and hopefully they won’t give you any trouble trying to set up future visits. I know you won’t have any more extra gas money until the end of the month after next week’s visit, so this is  a good time to do it.

I feel much better today. It doesn’t even hurt much. I will still wait for about four weeks before exercising again. For now, I just walk around in my room, and lift my legs up to stretch them out, as well as my stomach muscles. The surgeon wants to see me next week. And, yes, you were surprised as to why they didn’t know before the surgery how bad the hernia was because they didn’t even x-ray the area! The doctor had no idea I was in such bad shape because he just performed a short exam like a physical, nothing like what would have happened if I had been home. It should have been repaired a long time ago, and even then, it took them a month to decide to perform the surgery!

Your blog about us is great! It is just how I remember things. It was like that so many times. I want to tell you that you are my best friend.

I’ve written L(my cousin) several times without her replying. I asked her to order my Christmas package, because if she can do it before I go in front of the DOC then there’s a much better chance of my getting the package. If it’s ordered and the DOC gives me a harsh ‘sentence’ in ICON, then they don’t allow you to have anything hardly there. It is a very harsh sentence, with very little in the way of trying to make your life livable. I can’t order any food from canteen other than a very restricted item list once a week. I can’t have any normal pens, and getting a guard to sharpen your safety pencil is like pulling teeth here. I sent the last request to her on 10-10, so maybe I’ll hear something next week. They may not let me have the food package, even if she did, but I tried.

A and N look great. I can see that they have both lost weight. I can’t tell so much about their height. Take a picture with you standing next to them so I can see better. It has been so hard not to have them visit, but I don’t want them to see me in handcuffs and behind this glass. I think it is worse than when they can’t see me. We always hug so close and tight, if even for a few seconds, and I can scrub their faces with my goatee’ to help them remember me at least. This would just be too hard for the three of us right now. They need you to wrestle with them, since I can’t be there like we used to do, crawling in the floor, playing pile up with all five of the kids in the bed on Sunday morning, legs and arms flying, I’m surprised the bed didn’t break with seven of us in the bed, flailing and screaming! It would be so hard to get them ready for church after they all got wound up, jumping uup and down, yelling…but, boys need rough play. And, we just let V right in there, like a boy, too, because I wanted her to learn how to protect herself, to be strong enough to know how to get away if someone came after her at school, to not be afraid to protect hereself…

It is hard now, as a single mom, I know. Moms are softer and so busy they forget that part of boys – they need to kick and punch, roll and jump around, climb on things, take things apart; this is fun for them, and a necessary part of their development. Especially these boys because of puberty. It is hard without a man in the house, I know, mom had it rough too, after running from dad, trying to raise us with no child support, but she would take us outside, and play with me and Al. She would chop and kick at us, and sometimes it hurt like Hell, but we kept coming back, and she would wear us out, and then take us inside for ice cream. She did her best…sigh….just like you’re doing your best with our two boys. Try to remind them to do their ‘boy stuff’ outside. I think boxing would help N as it is more mental and physical. See if you can get a martial arts scholarship somewhere.

You just don’t appreciate your blessing until it is taken away

faith, hope, injustice, musings

“And you, fathers, do not provoke your children to wrath,
but bring them up in the training and admonition of the Lord”
Ephesians 6:4 (NKJV)

Another day, and it just keeps running through my mind how excited you were  for our older son as he improved so much with football this season.   I hope things are  starting to improve at home. Does he still draw? I hope he will send me some more pics.

Wrestling would be great for him, especially if one of the coaches or some of the same boys were on that team, as well. Consistency seems to help him so much. I cried when I read what you had to say about N. I knew what was in the letter even before reading it about him. I miss them both so much, and I know that’s why they don’t write; it’s too hard to express how much they need me at home.

I’ve never said what the other inmates refer to as “being back in the world”. I always say, “going home.” Your visits help me to hold on to the idea of “home”, and being there again. You ask me to write, but it’s so hard to put into words how I feel when I see you through the glass. My arms yearn to hold you again, to run my fingers through your hair. This is how a man should yearn for his woman. It takes time to develop the type of love we have, but it is worth it in the end.

I remember coming home so many times to you waiting, and wanting me with your eyes. They are so seductive and open me up to your soul. I could always see your truth flowing from within. If the children were up, they would come running, screaming, “Daddy”, with such excitement, and the chicken whisperer would come up and put his head on my belly. But you would always allow them to come to me first, most of the time. I hope other men got this same type of treatment, because it is so good to be appreciated by your family when you come home from a long day at work, and most of my days were very long, 14 +hours a day.

You just don’t appreciate your blessing until it is taken away. Even when you bring the boys to a visit, the youngest comes running to me, as you never stop being daddy, even when they take you away. You still hold that same excitement, but I know you have to hold back, but then I can feel it when you press me so close. I long for your embrace, even when you use to squeeze my ribs out of place; which you did that one time…and you never let me live it down.  I worked like that for three or four days before the chiropractor found it and popped it back in place…

I am haunted though, by not being there enough. I should have been there to help you with all of those kids more. I should have listened to you, and been kinder. I was such a bully, and tormented them the way I had been as a child. I didn’t understand myself enough to be more considerate to them. I had so much healing to do. I am ashamed at myself for my lack of tolerance to all of their special needs. This hurts me deep down in my soul.  I allowed my inner child to dictate in those moments. I have asked forgiveness from God, but I keep picking that burden up. Reading the tibetan book helps me to see how close and precious family should be.

Family should be shown love above everything else in life, nurturing each part. God has shown me how a father should be to his children and wife. You were always so patient with me. I only saw that I needed to support the family with money, and now I see that God is first, then family, then self. So many men need to understand this, as our children pay for our mistakes, and then pass it on to the next generation. Tell the men to remember to support the needs of the children, not to exasperate them…

Getting Drunk is not a mating call, men – single men, take note

10/7/13

Dear Chicano,

I am going to start sending you some random posts to comment on that I find interesting and timely,

men, women, relationships

Men, they REALLY want you to get ‘it’ – intimacy first…

because you have so much wisdom hiding behind those big, brown eyes.

I also want to help keep you sane while being locked away in your little egg,

as I will refer to your seg cell from now on. I think if we refer to these horrors

with a more positive energy, then we can begin to transmute some of the punitive aspects of being wrongly imprisioned, and turn this into a wonderful teaching opportunity.

I feel that we have an obligation to ‘pay it forward’ to humanity, to take this as an opportunity instead of a disaster. So, I look forward to your replies to some of these things, even though I don’t like being vulnerable when you use our relationship as examples, I know that the only way to make a true difference is to be ‘real’.

Too many ‘Christians’ do not understand that when a person comes to you asking for food when they are starving that we need to do that, give them food, feed their souls with kindness and support, instead of giving them cruel words or turning them away with a scorpion, back into the darkness.

So, here is response number 1…

Thoughts from a Chicano man who loves women…

(this is a discussion on drinking in a bar, and then bringing home or going home with a lady…if you were my son…)

******

I would like to say that I appreciate your candor.

It is obvious that you are working towards understanding men/women to be a better man.

That is the first step. As a man in his forties, I would like to give you a key bit of advice, it that’s OK,

as you seem to be asking the universe for direction here…

the incident above where the lady gave you a ‘hand job’ could have been a much better scene had you been more in tune.

This is a key disfunction of most men. There is a complete lack of communication due to a lack of intimacy. Before we jump in the sack with a woman, if you want it to mean something, you have to be in tune to her body.

She asked you to stop, yet you didn’t, which tells me that you use drinking as an excuse to do what you want, or to attempt to do what you want with women. This is why you feel “like a creep” afterwards.

The fact that she allowed you to come home with her suggested that she was interested; however, you did not take the time to tune in to her needs, so she was obviously turned off. She was smart enough to keep herself from a possible rape scenario by ‘performing’ in a way that would keep her ‘safe’, as you were obviously not making her feel that way.

I see this a lot in younger men, and the issue here is ‘wanting’ a woman, not really ‘looking for’ a woman. This causes a great deal of distress for today’s single woman, because men do not ‘see’ the true value of a woman beyond a hook up.

Women are worth so much more,  repeat,

WOMEN ARE WORTH SO MUCH MORE,

and I think, once you begin to understand, if you choose to, your own value, and raise your own self esteem, you will then be able to treat women with dignity, and then have much better sexual experiences all around.

In other words, you are only treating women with the same care you have for yourself.

Something to think about…