It’s been two years since I’ve had a piece of chicken…

1/1/14

Lunch today surprised me so much – chicken thigh with the bone in! I haven’t had a real piece of meat in two years! Praise God! We also had apple pie, greens, white rice with gravy and cornbread. The chicken is so great! I saved the leg to eat tonight with my eggs and toast. I saved the apple pie to eat later with my milk.

 I can't believe how much I miss fried chicken, or just real meat...

I can’t believe how much I miss fried chicken, or just real meat…

I pray we go outside tomorrow. I truly need some fresh air, and more space to move around.
In this new room  I only have about 30 or 40 square feet to move around in.

This is for 23 hours a day for five days straight, but as it is too cold for the outside rec with no coats, I am usually in this tiny space for 24 hours for eight to ten days at a time; sometimes longer. I think it has been almost two weeks since it was warm enough to try to go outside.

I’m going to ask for another pair of pants tonight. I’ve had the same pair for two weeks now. They let us change out once a week on Wednesdays, but I don’t want to switch them out until I have to. I was such a proud man and hard on everyone. Yes, your love was always there. Thank God He put you in my life. God has a purpose for all this suffering, Rochelle. We just need to wait patiently for God. This process is all part of God’s plan.

1/2/14
Your visit was so great; I have missed the boys so. They are growing so fast! You looked very happy.
Did I tell you that dad sent me a Christmas card? Everyone in the pictures looked so great. You have been doing such a good job of raising our boys on your own. God has been guiding you well.

1/3/14
I got all the information from the transcripts you requested, and got it ready and sent it on to the lawyer. I also noticed that during the past week, the lights have been staying off in the mornings until 6:00 a.m. with breakfast being served after that. God is so great! Your grievances is being used by God as a way to make change. We have also been served a little more at our meals.

I’ve been reviewing your complaint to CPS, and you’ve covered most everything. You have such a goo memory, there were just a few errors in time, but it’s so hard when we can’t talk on the phone or even face to face, just through glass. I know it is hard to remember things and then run to the car and write them down, or write questions to me on your arm before you come in to visit; and then the visits are only once or twice a month. There’s so much against us, I don’t see how you get anything done.

I’m wrapped up in four sheets and three waffle blankets. If we could have a quilt or cover it would make a big difference. The cement is so cold when it’s cold outside. We still do not have warm air through the vents.

They just threw my grievance back in my cell from the charge on 12/13, saying that they would refund the cost of this med call. But, only one follow up is allowed per fourteen days of a visit. Well, my first sick call was in July, and the others were due to the lack of care post-op.

I got my shower a little while ago and traded for some more coffee. I feel a little warmer, and can try again to write my story to CPS. It is harder to do than I thought it would be, to relive all of the injustice that happened to our family.

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!

You have brought me out of a pit

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

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

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

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

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

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

We should always rejoice in God, even before we receive

12/6/13god-is-in-control
It amazes me just how much clearer God’s word have become. His Word is already in my mind before I pick up the bible. Things seem to make so much more sense. My eyes have truly been opened, but only through Him. There is so much joy in being able to know God. Knowing that he alone provides for us, all that we require. Our Lord Jesus Christ’s blood has covered us so that we may have fellowship with God. And fully knowing the value of this also answers the enemies’ accusations against us. Praise God!

I praise God so much for a wonderful woman such as you. Through God we draw our strength.
I received mail from the lawyer today as the files do not have the full information that they said should be there. They hope to get my full file from the original public defender. They are working to get a more in-depth investigation going soon. I want to ask questions, but don’t know what is appropriate. How long does it take for an investigator to do these particular things; it been over three months now. I try to remember Psalms 31:15 – My times are in Your Hands. God is in control.

12/7/13

I feel better for the first time in two months; a sweat was breaking while I slept. It’s a shame I’ve had to suffer from such a lack of care, with no vitamins, proper food or rest, or sunshine to aid the healing. Thank God I was in such good health before the surgery! If not, I doubted I would have made it! Praise God!

Things have been quiet today. They did lock someone up this morning, but I believe seg is full. Just a week and a half ago the dorm had 7 empty cells out of 24. They have been locking the men up for nothing. This is not a good place to be. I hope I get out of here soon. Since the first super left it has really gone down hill.

12/8/13
I’m wearing 3 shirt jackets now and finally staying warm. I can get written up for having on so many clothes but I don’t care. I rested my bald head against the wall for a second and raised back like I’d been burned. The air just whips this coldness off the walls and into my face.

I got four stamps on games today. I could get 20 to 30 overall. It keeps the dorm talking to tell everyone back and forth down the hall who’s winning. It sounds exciting to hear them talking about playing in the snow in PA. I wish we could have stayed there; it was so beautiful.

12/9/13
I’ve noticed that they’ve been cleaning up here alot more than they ever do. Someone is coming to visit. I’m not sure if this has anything to do with your grievances, but it could…I received copies of your grievances today. They tore all of your holiday stickers off of the envelopes.
Sounds like you have support now. People are becoming interested. He will place people in His timing.

The air from the vents here just blow and blow like Arctic air. I’ve got on 3 shirts, 3 jackets, 3 pairs of socks, and a pair of pants. But, I can’t keep my head covered or warm, as there’s nothing to cover it. I’m sitting on the bed now writing, and this air pelts my hands and face and my fingers feel numb. The color is sometimes bluish. This place will not have me losing faith in my God in Heaven, regardless!

I now see how God is working in so many ways that I couldn’t see before. NO matter how hard we try, it is only going to if it is part of God’s plan. So many of us in the excitement of our unanswered prayers forget to give thanks to God. We don’t praise God with as much joy as a people, and should rejoice in our God, who has already prepared it all for us BEFOREHAND.

You know, I have always sensed a glow about you, but could never really understand the feeling until now. I see that you have God with you always. God uses you to His full extent.

I have no value unless it comes through God

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

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

12/5/13 .

…….

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I love you.

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

thNRAHU73V

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

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

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

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

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

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

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

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

……..

Where is the justice here?

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…..

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

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