Jail art by author under creative commons: Barn at winter
Good morning everyone!
As I gather information and piece together events in my legal case, I have also been looking at how other cases in this state are handled. Although I have followed these cases over the years, on the surface nothing really struck me as odd about the recited facts. My goal was to look for patterns regarding lab testing and test result trial testimony. What I have learned is pretty shocking. As soon as I can contact sources and verify accuracy on what I have seen, I will begin a series titled Extraordinary Circumstances.
Kentucky Rules of criminal procedure are written so that there is no realistic remedy to a wrongful conviction. First of all, you’re supposed to collaterally attack all of the ‘excusable’ negligence, perjury and exculpatory evidence they hid from you and lied about, within one year of finality. That includes newly discovered evidence. That’s actually the language in the rule, as if there is a fraud par level that is a given. My own defense public lawyer delayed the case for a year, so that only leaves me with the ‘extraordinary nature’ argument in a last-ditch RCr 60.02 motion. No extraordinary circumstances case I have ever seen has been reversed, so it’s a useless rule, even though extraordinary is an understatement. The case was a persistent pattern and practice of constitutional rape.
Yesterday there was a statement on Over Easy about poverty being associated with crime. From my research, I now believe that crime is an industry created mainly for profit, and that the poor are portrayed as parasitic and dangerous. That is the reality. The system is so cancerous and so sick, I hardly know where to start. It is also far-reaching, way beyond the criminal courts. I’ll list only a few trends I will be speaking on. Look for the posts in the near future. You will not even believe what I will be telling you. That is why each thing I say will be backed with phone and document verification. I knew the system was broken, but I never dreamed of these things. Incarceration is appropriate for some, but incarceration is mostly being used for monetary and political gain and creating false illusions about a threat, when the real elephant sits outside any prison walls, harming people. Here is what’s happening and what I predict more of:
-DNA can and will be used to wrongfully convict, by lab analysts failing to explain the test and reveal that the person was excluded. That will be achieved through ‘partial’ matches, followed by: Loss of Evidence (no remedy) and, “Ladies and gentleman of the jury, the DNA doesn’t lie.” Post-conviction DNA testing for exoneration purposes will be barred, for non-death row as well as death-row inmates.
-’Expert’ witnesses will introduce science-sounding terms that are meaningless in reality but sound like gospel. No one will ask for data or literature. Years later, even though the junk science will be deemed as such, the conviction will stand because of procedural bar. (happened). Outside of the courtroom at the very same time, climate deniers will bash peer-reviewed working group data, but never mention the totally absurd junk science they pimp inside the courthouse.
-Coal mine workers, oil field workers, and workers in toxic chemical factory environments will become sick or suffer grave injuries, and workers’ comp claims will be summarily denied (already happening). It galls the courts that anyone with the likes of black lung or some other chemical pneumonia would have the temerity to ask for help, because these conditions cannot be associated with the work.
-Any time a corporation hurts someone, it’s the person’s fault. Medical malpractice cases, even if egregious, are the person’s fault too. If you get sick and die in a jail, that’s also your fault.
-No one will ever be approved for SSI, but the PTB will continue to claim that SSI is bankrupting the nation.
-Getting involved in family court is like being sent to a whole new hell where you’re most likely to lose your kids and end up in a sex offender registry with your mug shot on the internet captioned “sodomy.”
-Everyone under color of badge or working in a court, prison or other facility is immune from everything, even if the prosecutor comes to your house and shoots you in the face. Flagrant, mail order catalogs of prosecutorial misconduct will continue to be evident in each case, and the public defense bar will continue to assist, as a second prosecutor, when they’re not busy brokering wrongful conviction guilty pleas that can never be remedied.
-In addition to generating revenue, the purpose of inmates is to provide a free labor force, an open-air Eighth Amendment violation zone, and a source of blame for all of the ills of the human race, forever.
-The mentally ill and the poor will continue to be locked up because they are poor, and they have no political clout. The best place to find drugs on the outside will continue to be in the white, upper-class neighborhoods and legal upper-class doctors.
I’ll stop there and get to news. At this point, just to add, I believe all of the state crime labs should be closed today and not open until they are subject to CLIA. I also support mandatory minimums for crime lab personell involved in fraud or false testimony. The wrongly convicted should be paid accordingly.
Kentucky crime lab is still bogus and the analysts continue to lie under oath.
note: hat tip to msmolly for catching an earlier spelling error in the title of this post!