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prosecution : Against The Wall with JJink

Just Say No to the War on Drugs

September 25, 2013 by  
Filed under General News

source:Rcooley123’sblog

Ever since President Nixon proclaimed the start of a War on Drugs some 40 years ago, prison populations in this country have grown far faster than the population as a whole. The United States now incarcerates a higher percentage of its population than any other nation in the world, largely due to laws related to this “war”.  Last week, while Congress continued its extended summer siesta, Attorney General Eric Holder announced some initiatives in the prosecution of the War on Drugs that may signal a significant shift in our criminal justice system in coming years.

In addition to the fact that our prisons are holding more prisoners per capita than any other nation, our judicial system has resulted in a situation where those incarcerated are dramatically over-representative of minority groups and poor people. Increasing evidence of discriminatory prosecution and sentencing that results in longer sentences for relatively minor and non-violent crimes is being seen by many as unfair to the prisoners, costly to taxpayers and counterproductive overall in terms of reducing crime and alleviating the perceived national drug problem.

Much of the legislation related to drug-related crimes appears to be discriminatory to people of color and those living in poverty, judging by the prison statistics. Inordinate numbers of racial minority group members tend to serve longer sentences for crimes which are often victimless. Strict marijuana laws are one example of this, as well as the huge disparity in sentences meted out for possession of various amounts of crack cocaine as opposed to powder cocaine. Serving prison sentences rather than receiving treatment for drug-dependence is often more costly to taxpayers and does little to alleviate the problem of recidivism once terms have been completed. Convicted felons face additional hardships in finding employment upon completion of sentences. Having more potential breadwinners in prison means more children living in one parent homes or foster care – in poverty.  States which have three-strikes rules also end up sentencing people to life sentences which are obviously excessive when compared to the severity of their crimes.

The proposals unveiled by Holder could mean an easing of the policies and practices which have resulted in our bloated prison population. Americans, as far as I can determine, are no more deserving of involuntary incarceration than citizens of other countries. That our laws and policies so blatantly discriminate against racial and ethnic minorities as well as those at the lower end of the socio-economic ladder is appalling. The whole nature of our current justice system serves to further exacerbate already an existing inequality of income and future opportunities for advancement among broad expanses of our society  People become disenfranchised politically in many states, as well. Many felons find they still may not be able to vote despite having paid their debt to society by serving their prison terms.

The whole War on Drugs has been a humongous waste of resources and lives without seeming to accomplish much of anything in terms of reducing the use of illegal drugs or the damage that dependence on them causes, both to those using them and to those affected by the users. The supplies of drugs do not seem to have dried up. Militarizing the war in countries such as Mexico and Columbia has not seemed to work. Drug cartels and gangs continue to proliferate at home and abroad, in some cases exhibiting more powerful than the governments that rule them. Prohibition of some of these drugs seems to parallel the failed prohibition of alcohol in the U.S. during part of the 20th century. Some states have begun easing restrictions on marijuana, and many have even legalized it for medicinal purposes, but they have also often found themselves at odds with a federal government which adamantly opposes any lessening of its opposition to the drug. Holder made no attempt to address the issue of marijuana legalization, but that is not his job. The laws regarding this need to be addressed by Congress before real lasting change can occur on this issue.

Changes to sentencing guidelines and policies regarding how drug-related offenses are to be handled by the judicial system should ease much of the prison crowding and alleviate some of the dysfunctional nature of our current prison system.  Cost-cutting measures like prison privatization will only make matters worse if trends continue. Prisons, like schools, have a social value that should not be based on how much profit they can gain some private corporation. They are meant to serve society as a whole, not merely corporate stockholders, and the wellbeing of prisoners as well as students as human beings needs to be foremost. There are currently two county judges where I live serving prison terms for taking kickbacks for sending kids to a private juvenile facility to keep it sufficiently occupied. Is it any wonder why private prison companies want more, not fewer, prisoners? We currently spend far more per person to incarcerate people in this country than to educate them. That situation should be reversed.

Ruining the lives of young poor people for possessing a small quantity of a relatively harmless substance while allowing supposedly fine upstanding people to use their wealth, power and political influence to live in luxury while decimating the economy and taking away others’ livelihoods, homes and health is not how a just society operates. Turning the tide of a War on Drugs that has been a failure for decades and caused more harm than good for society as a whole would be a good start to alleviating some of the problems faced by our prison system and society as a whole.

The actions proposed by the Attorney General, along with the decision last week regarding the racial profiling practiced under New York City’s Stop and Frisk policy are only a beginning. More rational and humane drug policy at federal, state and local levels are a must in order to maintain momentum.  Conditions in our prisons must be improved. That can only happen if we use a more fair system for determining how to deal with acts that so many no longer feel should be illegal. As the case with marriage equality has seen great strides in the recent past, much of the drug war must become a thing of the past so that the entire nation’s prisons do not become like the California system, where judges are ordering the release of prisoners to alleviate overcrowding which has reached the level of cruel and unusual punishment. Something is wrong somewhere in the system when you can’t adequately house and care for  all the people you seem to feel do not deserve to live freely.

source:

Autistic young man still waiting for his day in court, after 1.5 years; sixth amendment violated

June 6, 2013 by  
Filed under General News

Copyright Unknown(Send us a message if you are the original copyright owner and want us to credit you) - Photo of Andrew Rose

Copyright Unknown(Send us a message if you are the original copyright owner and want us to credit you) – Photo of Andrew Rose

Author: Ben Franklin

Source: FederalJack

Note: Amount of Andrew’s rights violated: 2 (No Search Warrant, No Speedy trial)

A young autistic man named Andrew Rose, around age 17 when he was arrested by the police at his High School, was suspected of possessing child pornography, and has still not been given his day in court since he was arrested on December 5th, 2011. One year and sixth months have passed since he was jailed and which terrified him, he finally was released on bail due to financial assistance from his family. One of his bail conditions was that he would not be allowed to go back to school and in the end, he was told to just go get his GED, and never graduated with the other students. He is still awaiting his day in court but will it ever come? Likely not which is why this article is written to shine light on the dirty tactics of corrupt federal prosecutors on minors and young adults whom are caught up in the child porn undercover stings.

“First in May Andrew was going to appear in court, then July, and now August, the prosecutor keeps pushing the date back!” – Quote from Reporter

How was he accused of this crime you all probably wonder?

When Limewire was around, a little over a year before the arrest, Andrew was downloading music files which are easy to get, you can find any title, album, and artist tracks. The only thing that Limewire did not show in it’s search database was a album art image search to search for mp3 files that have a certain tag image. This was where Andrew got into hot water. As what was explained in an earlier article I had typed, all mp3 files have a identification system used by all computer software music players, mp3 players, and even tablets. This identification system is known as mp3 tags which any software program such as Mp3tag can edit mp3 files to manipulate the tags of each mp3 file. The tag album image can be as big as the user wishes, it can be 500x, 600x, even 800x. Any image can be added to the mp3 tag, and that includes child pornography and naked teen photos.

What happened was a particular user was distributing music on Limewire with these lewd naked or half naked teen photos. When Andrew downloaded music thern played it on his music player, likely Windows Media Player, he saw a big album image of young teenage girls in the buff then exited out of it then tried re-downloading the file to see if it would go away but sadly the file that was shared has a album image of naked teenage girls, so he went to another place for the song. In the end he deleted the music file and never looked for it again, the only problem was that the very minute he played that music file and the album image displayed, it was locally cached in his computer as a hidden or system file as Windows Media Player caches the album art image of a particular music file or music files. Because Andrew didn’t think to go in the folder options and check the allow hidden files to show, he never knew that dirty image planted inside the mp3 file was also cached onto his computer which was later used to indict him by a Federal grand jury. Of course his intent is obvious, he is not a child pornographer and has no interest in that kind of material, he is not a pervert, but the police didn’t care.

So one day the police came to his families house, without a search warrant, separated him from his own mother in his room asking him questions, interrogating him without a search warrant and without allowing his mother to be present and without being offered an advocate even though he was clearly autistic. Police detectives can easily tell from his behavior that he has some difficulty in social behavior and could determine he was autistic since the Missouri P.O.S.T Autism Training allows police training on how they deal with a autistic person while following and exercising their duties, and a 2009 AELE Monthly Law Journal report talked about the concerns of how police interact with a autistic person and what training they need. Despite all that the police never gave him an advocate and then in the end the family was told by the police “they may or may not be back” but was proven a lie in December of 2011. Apparently in all child porn investigations, police lie and tell the suspects that had their computer equipment seized, regardless of circumstances and evidence, that they may not be charged or that they may not get in trouble but is a lie to keep people believing that everything is going to be okay.

One day federal agents showed up to arrest and book Andrew while he was a senior at his High School in Missouri, “and dragged him out with his hands cuffed behind his back and humiliated him in front of his peers. ”

“He arrived at the booking center for the first time in his life to have his mug shot taken, be finger printed, and placed in a cell not knowing what is going on and trying so hard to hold back his tears.”

“Upon his release Andrew requested if he could return to school, his attorney set up a meeting with the judge to discuss this. The judge saw no reason not to allow him back in school, but DA Robert Parks did and went around the judge by sending a letter to the principal of the school explaining what Andrew was being charged with and how he did not believe he should return. Andrew’s hopes for finishing high school are now over. His principal told him he may take a GED course, but was no longer allowed to be a student in the school. At the age of twenty, Andrew’s nightmare is still going on. He and his family have been trying to prove his innocence for quite some time now, but DA Parks keeps dragging his feet. Draining the money from the family and also trying to drop their morale. Andrew is not the only one in his battle. Since a website was set up on his behalf, hundreds of others have come forward with the same nightmare, the youngest being thirteen.”

Quotes from the Facebook page

It turns out he needs $50,000 for bail to get him out of jail and as a condition of his release, that he cannot be around anyone 18 or younger. Again thanks to his family he has been released.

Things only went from bad to worse, over 5-6 times now his court hearing for the criminal prosecution of child pornography, has continually been moved up and rescheduled to another date causing a headache for not just his legal counsel but also for his family. Around May 22 of this year, Andrew and his lawyer was notified that the pretrial and trial date has been moved up to around July, then I have received word that the trial has been rescheduled again to August 8.

“Andrew’s sixth Amendment right in the Bill of Rights has been blatantly violated. What kind of federal prosecutor continues rescheduling the court date back again and again?…On this day it is officially 1.5 years that this autistic young man was denied his basic Constitutional right to a speedy trial since he had his booking and mugshot taken. His fourth amendment right had been violated during the search and seizure, his internet activities completely should prove that he has no intent to look at child pornography yet he cannot even get his pretrial as of yet after 1.5 years and his classmates assuming he is some dirty perverted child porn watcher. This is a complete joke, a complete failure of our justice system in the United States. If his family had not set the bond to pay the bail fee, this poor young autistic man would be sitting in a federal prison holding cell for years, putting even what Adam Kokesh went through to shame, and still awaiting his day in court that may never come unless he pleads guilty. Andrew’s right to face his accusers and fight to exonerate himself to have the criminal charges thrown out has been shattered by a corrupt federal prosecutor. I am ashamed what America our country has become. Our founding fathers would turn in their graves seeing that people are denied the right to a speedy trial simply for being accused of child pornography and because of the excellent chances he will win the case for all his rights being violated and for his behavior clearly having no criminal intent. Our justice system is a failure when a prosecutor can continue to reschedule the trial date whenever he feels like it if he feels the criminal case will not go in his favor. This is abuse of judicial and prosecutor power. The ACLU and EFF needs to be all over this like flies on you-know-what. How shameful it ain’t just terrorism anymore that we are denied the right to a trial until we beg the prosecutor to waive our rights to a trial and become a felon to rot in a prison cell,” comment from former USWGO Founder Brian Hill on his views regarding the matter since he has studied law and politics to a certain extent.

1.5 years of his life have gone by and he is still under bail restrictions, under police scrutiny, and is being denied his basic speedy trial rights clause the United States Constitution.

Whom is the prosecutor that is doing all of this, why Robert E. Parks of course. He is a Franklin County, Missouri, prosecuting attorney which is usually only a state prosecutor. Apparently he doesn’t understand what real justice is nor does he even follow his own oath of office when sworn in since he was suppose to give this autistic youth a speedy trial and allow him to face his accusers with a right to a jury of his peers. Apparently according to D.A. Parks, that right can only come when he wants the defendants in his cases to appear in court as he sees fit when he sees fit.

No news stories on Andrew Rose

Click image to see full resolution of screenshot.

In fact when searching up Andrew Rose and the child porn case on Google News, no news outlets have reported on the case nor the fact that his Constitutional rights were being violated. I guess the media doesn’t care what injustices are happening to people unless there is background pressure to shut the mainstream media up so they don’t cover this judicial travesty.

It has also been discovered that when a few reporters were looking into Andrew’s case and how it ties into the ICE Operation Flicker scandal and misconduct, the reporters were threatened and told not to report on Andrew’s case. When calling one of the local branches of the Associated Press in Missouri, one of the news editorial staff told me that “there are so many child porn cases now, that we cannot cover them all.” Also told me that if there was something significant about it then they look into covering it. So child porn cases by Operation Flicker has got so out of control, innocent minors and young adults lives all being ruined and the question is are they really child pornographers or were they set up? I don’t know.

It appears there needs to be a change in Federal law for prohibiting state and federal prosecutors from being able to reschedule a court trial for a defendant indefinitely. There needs to be a limit like let’s say around 1 or 2 times a prosecutor may reschedule the court date as long as he has a valid reason and if he reschedules it again, the court can deny the request and mandate that the government prosecutor appear before that date. The case law precedent for violation iof the speedy trial clause in lower federal courts has a minimum of having the trial delayed beyond 6 months. In Supreme Court law, 6 months is the Supreme Court precedent for a trial being delayed by the prosecutor that can sanction a sixth amendment Constitution violation. The only remedy a defendant can make is call for the dismissal of the criminal case and indictment meaning that the defendant can never be charged for the same claimed offense again since his rights have been violated.

The more of this article is to expose that now if you are accused of child pornography and have a plausible defense like Andrew Rose, if the prosecutor finds out you have a good chance at winning the case, then you may never get a trial and may have to wait for years and years even beyond the federal and state statute of limitations before you will get a trial or just cave in to the prosecutor and sign a paper declaring guilt and waiving rights to a trial.

 

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