It is good to see the sun, even if it is too cold here to feel it

Federal%20prison%20cell%20Vick

1/6/14
It has been a difficult day; so cold that I had to wear 3 pairs of socks, 3 each of shirt jackets and undershirts, and 1 pr of pants.

It’s going to perhaps even get to 0 degrees F tonight. I have written grievances to the Sgt, Unit Manager, the Cpt. and to the assistant superintendent. It is a request for a work order for the heat to be fixed. I know nothing will be done, but it does give you a path when writing an injunction against the treatment in isolation.

I have been working on my letter to CPS and I’ve gone through 100 sheets of paper trying to hand write this grievance, but I can’t get it right. I only have two sheets of paper left now, and one has a stain on it.

I’m so hungry. I think from being so cold that my body has used all of its resources to stay warm. I haven’t had any coffee today, either. It’s pretty bad. I’m having a lot of back pain too, and had to take some naproxen for it. Does your back hurt lately? I am so tuned in to you still that I can feel your different body aches and pains.

1/8/14

I saw the psychologist lady again today; she is no help whatsoever. All she asks is, “How can I help you?”, and then she interrupts you before you finish, and she interrupts saying she can’t do that. I told her again that I wanted a psychological eval and she says that there isn’t any evidence to suggest that I need one. Her response is, ” You should have stayed out of trouble so you wouldn’t be put in isolation,” as if she could stand the heat from being locked in a cell with no moving air in August. It’s no wonder the people go crazy – there is no rationale in a place like this. The lack of compassion by those who work here is alarming, as we are seen than less than human. She ended the ‘visit’ saying that if I needed her to let her know. Wow; as if she has done anything so far.   I told her that I would have to get my wife to call Raleigh to get any help, and she answered, “You just do that”.  Such is the attitude here in general.

The nurse came by to have me sign for a new diet that  I asked for, which should include wheat bread, and more fruit instead of all of the straight starch we are forced to eat now. There may actually be some ‘real’ meat.

It is nice to see the sun on the wall, at least, even if it is too cold to warm my room.  I am doing my best to surrender to the fact that God is in control, and it’s been so hard to let go of that need to fix things on my own. I try to be content and not look to man to meet my needs. The lessons are becoming easier to understand, but I must still the drive to want more.

I will be strictly monitored on this new diet that took several months of requesting to get on; my canteen – once I can order from it again, my weight will be checked each month and if I gain any weight I will be taken off of it, as well. It is not practical but I will try to earn this better grade of food.

The lights have been staying on past 11 or even 11:30 p.m., but 10 p.m. is the policy, even though they have the lame excuse that the lights are on so the men can shave, some times until 12 a.m.? We didn’t even get showers tonight, when there’s no reason not to, other than they don’t follow their own policies, yet expect us to. The Sgt. says there’s no policy in seg about turning off the lights, as long as the guards are working on things for the men. I find this very hard to believe.

I waited until 2 a.m. for grievance forms about this, but none came, so I finally laid down. I know I need to stand up for these things as long as it isn’t about pride, as I want to do things for God’s glory. When we delay obedience to God, by doing things on my own, it makes it more difficult to receive further instructions. The more our faith grows the easier it becomes to wait on God’s timing.

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.

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 will never stop loving them…

at a summer equine camp for kids with behavior needs in 2001 where we both volunteered so the older kids could get some therapy and socialization.

at a summer equine camp for kids with behavior needs in 2001 where we both volunteered so the older kids could get some therapy and socialization.

daniel

on a summer trip to Philly with the two youngest, in 2007

12/5/13

I wish sometimes that I could write my three other children, who are now young adults, at 20, 18 and 16.

I think you’ve kept the pictures we had taken over the years, and Nicholas’ baby cap from 1997; one of the few things I was ever given of their lives.  I tried to send letters to them via dad, but Kay (his wife) wrote me an angry letter saying not to send anything there. I still think of them every day.

The first thing I would tell them is that I do still love them. Very much. No matter what has happened, I will never stop loving them. I wonder if they are happy. What has happened in their lives since then? Did they stay in school and achieve any accomplishments, play any sports or participate in activities, travel? It would just be a pleasure to hear their voices and to see them again, to know what they’ve become or done. I would listen to their anger or sadness, joys or pains – just to hear them again. I think of all six of you, every day. Don’t think that there has been a day that I haven’t…

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…

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…..

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

It tears me up inside

 Matthew 18:19-20 King James Version (KJV) 19 Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven. 20 For where two or three are gathered together in my name, there am I in the midst of them.


Matthew 18:19-20
King James Version (KJV)
19 Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven.
20 For where two or three are gathered together in my name, there am I in the midst of them.

11/27/13

Are you guys getting snow there? There is only rain here, that I can tell.

I listened to Family Life tonight, and this segment was on a newborn in critical condition.

It tore my heart out, and I praised God for having such healthy children. I don’t think I could handle their struggles.

It takes a strong bond with the Lord to go through such struggles with children involved

and having to walk through such a deep valley knowing you only have such a short time with your baby is unimaginable.

There wouldn’t be a second to waste in those moments, and you won’t have a second chance to nurture or love that child.

Praise God for the length of time he gave me so far with each of my five children! Thank you, God!

I look forward and pray for the next chapter of our lives together. I so hope I can mend this large rift in all of our lives and someday see all of my children again.

I can’t seem to stop crying, and am now listening to ‘Turning Point’. I opened one of Nate’s old letters from 2011 when he was in the hospital after getting so out of control when they falsely imprisoned me. I still feel his pain from that time, and hate I could not be there to help you with the boys. You and they have been through so much turmoil because of all of this. In this letter in September, after being gone for about three weeks; he starts to realize just what he had done with all of the destruction at home. He is like a prodigal son.

We all have to go through these trials, Shel. God takes us on these paths if we stray too far from the right one, and He watches us struggle as we look for handholds, places to put our feet up the rock walls of challenges we create for ourselves. He had to see that without a loving hand to hold, he was too weak to make it in the harsh world by himself. His letter means so much to me, a ten year old fighting and fighting to understand himself and what had happened to him, to us. It has helped me to see that I am helpless without God to guide me.

Without God, all that I do will only be as strong as the flesh that propels me, susceptible to fear and weakness, sickness and it is only through God that great things occur. We are limited in our abilities, while God works through us to make marvelous works! I want to send this back to Nate, so he can be reminded of how frightened he was to be in such a place without love or kindness, full of darkness. Thinking of a ten year old child being locked away from family and friends, without me there to help him; it is a pain that no one should have to endure. Being away from all five of my children and knowing that there was so little for them after my income was no longer a way to provide, that there was no man at home to help make sure things were done, that they were protected…knowing that I could no longer provide for you, Shel, or fix the car when you needed it, or change the flat tires, to drive with you eight hours round trip to see Nate, to help you make the many moves because there was no longer any stability; it tears me up inside.

Nate, Alex; it’s such a lonely place here. No one should have to endure this time of separation. Turn back from your ways of wickedness terrorizing you mother and grandma. You should respect them for all they do to hold things together, instead of hurting them so deeply! Hold your tongues, and you’re language. They care so much for you, and you Nate, have seen the other side. Learn from your mistakes and love each other, too. Be a support where there is so little to give comfort. Turn away from this destructive road. Tell them you love them, and hug them, too.

Know that I am with you. Just look in the mirror. Would you say and do these things if I were there? You will always be a part of me, and me, you. Just as Jesus is the same. Help out more. Do this from your heart. I cherish each and every letter. get, and I just miss you all so much.

God will bring us through all of this. Keep praying..