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.

Advertisements

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…..