April 22, 2007

Obstructing Justice – An Injustice Perpetuated By The Courts

Justice delayed is justice denied – this seems like a simple and self-evident truth, but in our politically corrupt contemporary judicial system this truth takes on two completely different and conflicting meanings. Those familiar with this blog are already aware of the case of Mike Lambrix, who has now been on Florida’s death row for over 23 years, (See, Condemning An Innocent Man) and his continuous fight to compel the courts to expidite review of his appeals. For over 9 years Lambrix’s now substantiated claim of actual innocence has been pending before the lower state court despite Lambrix’s own aggressive efforts to compel the court to provide timely review and reach a final disposition in his case.

Confronted with the lower court and the state prosecutors consistently obstructing timely review Lambrix petitioned the Florida Supreme Court to compel that lower state court to expedited review, but that court refused to take any action. Lambrix has now filed a petition with the United States Supreme Court arguing that his protected constitutional right to timely review of his capital post conviction appeals has been violated -- but will the Supreme Court intervene and hold the state as equally accountable for unnecessary delays as it so often does in holing death row prisoners who fail to “timely” file their appeals? Or is the Supreme Court’s push to expedite a “finality” in capital cases only applicable when its objective is to carry out an execution – and not applicable when the objective is to expedite justice? (The petition can be read in its entirety here.)

If the courts and politicians are so committed to expediting review of capital post conviction appeals under the pretense of promoting a timely “finality,” then why is it they only want to expedite review when their objective is to carry out executions – and not when the state itself deliberately obstructs timely review of a legitimately pled claim of actual innocence? If this is really about objectively expediting a finality in capital cases, then shouldn’t both the courts and politicians be as equally committed to expediting review when a claim of actual innocence is raised as they are when they seek to expedite an execution?

But again, it’s not about expediting justice – it’s about expediting executions. Think about it… the only time politicians and courts pass laws that they claim are intended to speed up death row appeals is when these laws are imposed exclusively against the condemned prisoner. Not even once has Congress or The Supreme Court ever passed a law that imposes any form of sanctions against the state if and when the state is the party responsible for deliberately delaying timely review.

The public remains conveniently oblivious to the insidious nature of these politically motivated campaigns to expedite review of capital post conviction appeals – what it is really about is devising insidious ways to deliberately circumvent a full and fair review of capital cases. (See, Supreme Court Slams Death Row Appeals.) But when confronted with a timely filed and legitimately pled claim of actual innocence, the politicians and the courts no longer have an interest in pushing for an expedited review as if the wrongfully convicted and condemned person is then exonerated that exoneration undermines their true objective of promoting more executions.

The simple truth is that allowing wrongfully convicted and condemned prisoners to fairly prove their innocence undermines public confidence in the judicial system and erodes public support for the death penalty itself. In recent years over 125 men and women have been judicially exonerated and released from death rows across the county. As the public has become aware of the inherent fallibility of our judicial system support for capital punishment itself has substantially declined.

Incredibly, confronted with this substantial decline, both conservative politicians and the conservative judicial activists on our courts have responded by pushing for even more limitations on death row appeals, especially limiting collateral post conviction appeals – the very type of appeal traditionally used to expose an injustice. By devising disingenuous means in which to effectively procedurally bar condemned prisoners from pursuing these appeals – thus eliminating any means in which to present the evidence necessary to prove their innocence; the embarrassment of having so many wrongful convictions exposed is circumvented.

But is this insidious practice of deliberately circumventing review of a legitimate claim of actual innocence only really painting our judicial system into a corner? Although it can be argued that most of these death row claims of innocence are specious, at best, many of these seemingly specious claims have proven to be substantiated upon full review.

Public confidence in our judicial system is dependent upon the perceived integrity of the courts themselves. Even with a marginal majority of our population still supporting the death penalty, no person of moral conscience supports a system that would inevitably result in executing innocent people. Advocating the execution of a guilty person can be called “justice.” but inevitably executing even one innocent person can only be called murder and in a constitutional democracy advocating the execution of even one innocent person makes murderers out of all of us.

Assume for a moment that a condemned prisoner does develop evidence to substantiate his long pled claim of innocence. Before our society carries out that execution, don’t we have a moral obligation to fully a fairly address that claim of innocence? Equally so, when a condemned prisoner properly presents a legitimately pled claim of actual innocence to the courts, then don’t the courts themselves have a moral obligation to ensure that timely review is provided? If justice delayed is justice denied, then isn’t the ultimate injustice that of deliberately delaying the probably exoneration of an innocent man?

Think about it for a moment… what conceivable purpose does the state (or the courts) have in deliberately obstructing timely review of a legitimate actual innocence claim? Being wrongfully convicted and condemned to death itself is an injustice of such extreme proportion that it can never truly be remedied. Even if the innocent person is ultimately exonerated and released from death row, the actual irreparable injury of being condemned to death; the many years of solitary confinement confronting that unjustified sentence of death; has already been irreversibly inflicted and cannot be undone. ( See, Bowels of the Beast: Condemned to a Fate Worse Than Death).

Lambrix has already been on Florida’s death row well over 23 years, with his substantiated claim of actual innocence based upon exculpatory evidence deliberately concealed by the prosecutor now pending before the lower state court for over 9 years. If Lambrix’s claim has no merit, then why is the lower court and the state deliberately delaying review? Is Lambrix’s case an exception? Or is this deliberate deprivation of timely review of a substantiated claim of actual innocence actually a policy and practice condoned by the courts? Do our courts collaborate with the state to deliberately obstruct and deny timely review in capital cases that present a legitimate claim of actual innocence?

Consider the case of Frank Lee Smith, a poor man convicted of allegedly raping and killing an 8 year old girl in Broward County, Florida. There were no witnesses to the crime, but a witness did allegedly see him leaving the house where the little girl’s body was later found. For many years Smith screamed he was innocent to anyone who would listen—but very few would. After many years on death row the science of DNA testing was introduced into the judicial system and finally Smith had hope of proving his innocence.

In 1991 Smith’s court appointed lawyers filed the necessary legal action to have the evidence recovered at the crime scene tested, only to then have the State of Florida obstruct any DNA testing of that evidence. Smith’s case dragged out in the lower state court for many years when finally --9 years later!-- testing was completed and concluded that Smith actually was innocent – and even identified the true perpetrator.

But the injustice deliberately perpetuated against Frank lee Smith by allowing the state to deliberately obstruct timely review of his claim of innocence could never be remedied and justice could never be served – several moths before the DNA test results finally were released, Frank Lee Smith died of cancer while still on Florida’s death row. (See, Justice Delayed Is Justice Denied.)

By allowing the state to deliberately obstruct and delay timely review Smith’s exoneration was a hollow victory – Smith still died a wrongfully convicted and condemned man.

When our courts effectively collaborate with the state to deliberately obstruct and deny timely review of a legitimately pled claim of actual innocence then our courts themselves become responsible for perpetuating the ultimate injustice against an innocent man. The reality of it is that these same politicians and justices who relentlessly advocate expediting death row appeals under this pretense of promoting a timely “finality” actually only want to expedite executions – not justice.

If the Supreme Court is so willing to protect the states interest in expediting review of capital cases when the objective is to expedite executions, then why won’t the Supreme Court recognize the wrongfully convicted and condemned prisoner’s right to timely review of a legitimately pled claim of actual innocence?

When it comes down to it, our courts have a constitutional responsibility not only to enforce laws intended to punish the guilty but even more so, to protect the innocent from unjustified punishment. When our courts deliberately turn a blind eye when state prosecutors first wrongfully convict and condemn an innocent man, then when evidence of that prosecutorial misconduct is finally exposed, allows the state to deliberately deny timely review, effectively allowing the ultimate injustice to be indefinitely perpetuated against an innocent man, then our courts have failed to carry out their constitutional responsibility.

Equality and fairness are the cornerstones of justice. If our courts are willing to prohibit a condemned prisoner from filing a substantiated claim of innocence because he failed to timely file the claim (See, Herrara V. Collins 506 U.S. 390 (1993)), then equally so – when a condemned prisoner does timely file a legitimate claim of actual innocence and the state obstructs and denies timely review, then equality and fairness demand that the state be procedurally barred from any further defense, and relief summarily granted, as Lambrix now argues in his petition presently pending before the U.S. Supreme Court. To hold otherwise would only encourage the states to obstruct justice and the resulting injustice, would be perpetuated as a result of and by our courts.

(note: comments to this article are invited)

April 15, 2007

Supreme Court Reviews Southern Injustice

With corruption and injustice within the judicial system becoming increasingly exposed through unconventional media sources, those want to seek out the truth are increasingly turning to the Internet to get the story. Those already familiar with this blog know of “southerninjustice.com,” a website dedicated to exposing the new face of bigotry and injustice in the south. Southern Injustice especially details the corruption within the 20th Circuit State Attorney’s Office of Southwest Florida, as although relatively small in size this one particular office presently has the highest rate of wrongful convictions in capital cases in the entire country.

Southern Injustice’s efforts to expose the corruption with this particular judicial circuit has only been going for about six months now, but has already drawn in thousands of supporters. Among the repeat visitors to this site is the Florida Supreme Court, which according to “Google Analytics” recently spent three days downloading content relating to information based upon public records regarding the 20th Circuit’s State Attorney’s Office. See, the evidence of these visits here.

Why would the Florida Supreme Court suddenly develop an interest in Southern Injustice and its content? Recently both the Miami Herald and the Ft Lauderdale Sun-Sentinel exposed a dirty, dark secret going on in the courts of South Florida when it was discovered that the state circuit courts in Broward and Dade Counties have been secretly working with prosecutors to fabricate false records to illegally protect “jailhouse snitches” and others. See, “Florida Courts Caught Fabricating Records.”

In Florida, as in most states, it is against the law to conceal court records unless the records are sealed by specific court order upon a showing of cause. The intent of the law is obvious – if court records are not open and available to the public, then public confidence can easily be undermined by projecting an appearance of something to hide. In America, our courts are constitutionally obligated to administer justice openly, not in dark rooms behind closed doors; they are also ethically mandated to be free from even any appearance of impropriety.

According to the investigative reports in the Miami Herald and Ft. Lauderdale Sun-Sentinel, the Broward and Dade County Courts deliberately fabricated records made available to the public while concealing the actual records. After this alleged misconduct was publicly exposed the matter was brought to the attention of the Florida Supreme Court. Immediately chief Justice Lewis promised a full investigation.

Southern Injustice has filed a formal complaint with the Florida Supreme Court concerning court records in the 20th Judicial Circuit. Although circuit court records are computerized or physically available at each county’s courthouse, the records in the capital case of Cary Michael Lambrix are not. Lambrix was tried, convicted, and condemned to death in rural Glades County, Florida in early 1984. When the Clerk of Court in Glades County was contacted, Southern Injustice was advised that all records are kept in Lee County (Ft. Myers). However, the clerk of the Court in Lee County claims that although the records are in Lee County, they do not know where. Both counties use a computerized docketing system, but neither could explain why the current Lambrix case files were not on their computerized system and were not accessible to the public. While they were both aware he had been convicted and condemned to death, they assured Southern Injustice that nothing had been filed on this case since 1992.

Why would the current court records in the Lambrix case be illegally concealed from the public? To understand the motivations of those who do not want these records readily accessible, a brief history of this case helps. The case brought against Lambrix over 24 years ago was wholly circumstantial – there were no eyewitnesses, no physical or forensic evidence, and no confessions. As the local prosecutor Randall McGruther conceded to the jury the entire case was built upon the testimony of Lambrix’s then recently estranged ex-girlfriend Frances Smith (now Frances Ottinger) who conveniently claimed Lambrix had told her he committed this brutal double murder only after she was herself arrested and in unrelated felonies.

Lambrix adamantly insisted that he was innocent and that the state and key witness Smith deliberately fabricated the specious, wholly circumstantial theory of premeditated murder. The jury was not allowed to hear that she actually told the police numerous stories before coming up with the one that conveniently won her immunity from any prosecution. Nor was the jury allowed to know that she failed a state administered polygraph prior to trial. In fact the jury was led to believe that she was not given any deal for her testimony and let her get away with saying under oath she wasn’t given anything for her cooperation. Then Lambrix himself was prohibited from personally testifying, leaving her testimony unchallenged. See, “Southern Injustice: Condemning An Innocent Man” Lambrix was convicted and condemned to death and has been on death row now since March 1984.

Throughout these many years Lambrix has remained on death row even coming within hours of actual execution – but still adamantly insisting on his innocence, steadfastly claiming the circumstantial case was deliberately fabricated.

Then on 1998 the only other witness who corroborated key witness Smith’s claim that Lambrix admitted committing these murders stepped forward and admitted under oath her testimony claiming Lambrix told her he had committed this crime was not true. See, “Woman Recants Testimony.”

Hearings were subsequently held at which time this witness testified that both key witness Smith and the State’s investigator coerced her to provide that false testimony against Lambrix. When Lambrix’s own lawyers then looked into these claims, even more evidence was revealed – key witness Smith was actually having a secret affair with the local state attorney’s lead investigator, Robert Daniels, while Lambrix was prosecuted. See, “Witness Admits Affair.”

In fact, records show that investigator Daniels was the very person who swore out the affidavit leading to Lambrix’s arrest, then personally supervised the development of the specious circumstantial evidence used to corroborate key witness Smith’s own testimony. Of course, the jury was not aware of this intimate relationship between the key witness and Investigator Daniels.

As the evidence substantiating Lambrix’s long pled claim of innocence began to accumulate, a funny thing happened – inexplicitly, all the court files in this case were suddenly transferred from Glades County to Lee County (Ft. Myers) and public access prohibited. Could the Florida Supreme Court now be looking into this illegal concealment of public court records? But why would Circuit Court Judge R. Thomas Corbin, who has presided over this case since 1998, remove the files of a capital case and effectively prohibit public access?

To address that question we must go back to the fact that this judicial circuit presently has the highest rate of wrongful convictions in capital cases in the entire country. The prosecutor, Randall McGruther who put Lambrix on death row has a significant history of alleged misconduct that includes sending at least one other subsequently exonerated man to death row. McGruther is now the Chief Assistant State Attorney in that judicial circuit.

In recent months Southern Injustice has investigated Lambrix’s case and obtained public records relevant to that state attorney’s office that exposes a troubling truth. Quite simply, this 20th Judicial Circuit State Attorney’s Office has been, and continues to be, controlled by an inner circle of college classmates and alumni of Florida’s Stetson University… it’s a virtual Southern style “good ole boys” club of college buddies who consistently cover for each other to avoid exposure of alleged and apparently systemic prosecutorial misconduct. See, “Anatomy of a Corrupt Prosecutor.”

But this apparent corruption reaches beyond the local state attorney’s office as review of public records show that this Stetson “good ole boy’s club” also controls the local circuit courts. Again, when looking into the Lambrix case Southern Injustice discovered that although the case is assigned to Circuit Court Judge R. Thomas Corbin, it is actually managed by Senior Staff Attorney Steven A, Hooper and supervised by the Chief Administrative Judge Hugh Cary --both of whom are closely connected to The prosecuotr on Lambrix's case either through having gone to Stetson University Law School or who were originally recruited by and worked with the prosecutor Randall McGruther and elected State Attorney Steve Russell. See, our connection chart here.

As if this was not enough, further review of court records revealed that the Senior Staff Attorney Stephen A. Hooper now controlling this case in Judge Corbin’s Court was previously assigned to Circuit Court Judge Thomas Reese in 1994 when Judge Reese presided over Lambrix’s earlier post conviction appeal arguing his actual innocence, which was “procedurally barred” from review upon the pled merits… apparently, Stephen Hooper’s job is to make sure the Lambrix case is not heard.

Unable to credibly dispute Lambrix’s now substantiated claim of innocence, those responsible for perpetuating this deliberate injustice against Lambrix are now obstructing timely review of Lambrix’s “actual innocence” appeal, which has now been pending before the lower state court for over 9 years. See, “Justice Delayed Is Justice Denied.”

Lambrix has recently filed a petition with the U.S. Supreme Court (Lambrix v. Florida, case #06-9634) in which Lambrix argues that the failure to provide timely review of his pled claim or actual innocence in the lower state court violates his constitutional right to meaningful post conviction appellate review, entitling him to have his convictions automatically vacated. The petition can be read in its entirety here. Also see, Does the Supreme Court Suborn Perjury in Capital Cases?

But with the undisputable influence of the local state attorney’s office corrupting any chance of receiving full and fair review of Lambrix’s pled claim of actual innocence before the lower court, how can there be any hope that justice will prevail in this case? Lambrix has already attempted to compel the Florida Supreme Court to intervene, but they refused to address the petition until after the circuit court’s review.

What this Lambrix case is increasingly exposing is a corruption not simply of a single capital case, but of an entire judicial circuit. Southern Injustice has received letters from numerous other prisoners presently incarcerated after being convicted of crimes within the 20th Judicial Circuit and a pattern of “win by any means necessary” prosecutorial misconduct is indisputably emerging.

Could it be as this corruption is finally now being publicly exposed the Florida Supreme Court is beginning to take notice? Do we dare hope that a formal investigation of the 20th Judicial Circuit’s Stetson University “good ole boy club” may finally be imminent? If you haven’t already read the website www.southerninjustice.com, you should now do so now… has justice in the Deep South really changed?


April 03, 2007

“Does The Supreme Court Suborn Perjury In Capital Cases?”

Our Judicial system is the very foundation upon which our constitutional democracy stands – yet increasingly that foundation is becoming nothing more than shifting sands so easily manipulated by deliberate deception. The sacred concepts of truth and justice have given way to a system in which lawyers win at any cost. Without truth, there can be no hope for justice, and without justice there can be no hope in sustaining our constitutional democracy.

For several weeks now the headlines across the country have told the story of Attorney General Alberto Gonzales being “under the gun” for acts of misconduct within the Attorney General’s Office. Repeatedly it has been found that the Attorney General’s Office has deliberately deceived both Congress and the public in the matter of why numerous prosecutors were fired.

Confronted with this pattern of deceptions Congress has called for formal hearings to discern the truth only to have President Bush obstruct their proceedings by refusing to cooperate. Once again declaring that he has absolute confidence in a number of his inner circle, Bush blindly stands behind Attorney General Gonzales – just as he did for numerous other appointees when their integrity and competence were publicly questioned. One could even argue that the surest way to predict a soon to be announced resignation by one of Bush’s inner circle is to have Bush publicly declare his confidence in that individual.

The public is becoming increasingly familiar with this song and dance as those we place our trust in are subsequently exposed as corrupt. If our top prosecutors such as Alberto Gonzales will obstruct the truth from being revealed, then what does that say about the integrity of our judicial system itself?

Although the matter concerning Alberto Gonzales is played in the front page of most daily newspapers across the country, a far more insidious example of suborning deception and perjury can be found in a matter pending before the U.S. Supreme Court. Is it possible that our Supreme Court itself actively encourages governmental lawyers to commit perjury and protects these lawyers by granting them absolute immunity from accountability?

What does it say about our American legal system when at the highest levels of our judiciary -- The Supreme Court Justices knowingly turn a blind eye to governmental lawyers who deliberately misrepresent facts with the intent to deceive the Court? The truth is that these state lawyers know that the courts will protect them even when they commit perjury, and that it has come to the point where truth and integrity mean so very little to our Supreme Court that material misrepresentations of for (or in simpler language, deliberate lies) have become a way of life… a way to deliberately circumvent the truth.

Several months ago death sentenced prisoner Michael Lambrix, unable to obtain legal counsel, filed a “pro se” (acting as his own lawyer) petition in the U.S. Supreme Court arguing that the State of Florida has denied him timely review of his pled and substantiated actual innocence claims. See, Lambrix v. Florida, U.S. Ct. Case #06-9634 (The full Petition can be read here) and also please read, “Condemning An Innocent Man” (Full length summary of the Lambrix case from the time of his arrest, through the trial, the appellate process, and finally the new evidence uncovered that substantiates his long pled claim of innocence.)

Mr. Lambrix argues that in January 19998 his state appointed lawyer filed an appeal in the lower state court arguing an actual innocence claim. Now, well over 9 years later that appeal remains pending despite Lambrix’s repeated and even relentless efforts to expedite review and reach a final disposition. At the time in which the Supreme Court aggressively pushes to expedite capital state post conviction proceedings, under what conceivable circumstance could any state post conviction appeal remain pending before a single court for over 9 years?

Quite simply, the evidence supporting Lambrix’s pled claims that the local state attorney’s office deliberately conspired and collaborated with the sole key witness to fabricate the entire wholly circumstantial case brought against Lambrix, is now, so overwhelming that it cannot be denied. See, Southern Injustice: The New face of Bigotry and Injustice in the South. Unable to discredit Lambrix's claims of innocence, the state has instead decided to deliberately perpetuate this injustice by obstructing and denying timely review -- effectively holding the case hostage in the lower state court, refusing to allow it to proceed. See, “Justice Delayed Is Justice Denied.”

Determined to bring an end to this nightmare of injustice, Lambrix filed a petition in the Florida Supreme Court attempting to compel that Court to take the action necessary to force the lower court to expedite review and make a ruling. However, Florida’s Senior Assistant Attorney General Carol Dittmar convinced the Florida Supreme Court that Lambrix was prohibited from petitioning the Court for relief as only the state appointed supervised post conviction counsel could file any action in the case – Lambrix had no right to personally address the Court. The Florida Supreme Court blindly adopted this pathetically disingenuous argument in an unprecedented ruling, refusing to compel the lower state court to provide timely review. See, Florida Supreme Court Says, “No Right To Expedited Review of Actual Innocence Claim.”

Lambrix then initiated the now pending Petition in the U.S. Supreme Court. In a response to this petition submitted by Senior Assistant Attorney General Carol Dittmar, the State of Florida again is attempting to manipulate the Court to circumvent review of the issue of whether a capital post conviction (death-sentenced) prisoner has any enforceable right to reasonably timely review of a pled and substantiated claim of actual innocence Once again Florida’s legal counsel Carol Dittmar has filed an action saturated with deliberate deceptions and factual misrepresentations intended to deceive the Supreme Court. (Both Ms. Dittmar’s response and Mr. Lambrix's reply to that response will be posted in their entirety on this site within the next week.)

Why has our contemporary judicial system become so inherently corrupted that even a capital defendant arguing a substantiated claim of actual innocence cannot even hope that truth and justice will prevail? Because those at the highest levels of our state and federal judiciaries refuse to take any action against these morally and ethically corrupt state prosecutors who repeatedly resort to deliberate misrepresentations and outright lies to defend against claims. See, “Prosecutorial Misconduct: Does Immunity Invite Injustice?.”

What is even more tragic is that our courts themselves have lost their own moral compass – truth and integrity mean nothing in today’s judicial system. State lawyers such as Senior Assistant Attorney General Carol Dittmar know that they can flagrantly commit perjury before even the highest Court as they know the Court will not even concern itself with discerning the truth, much less take any disciplinary action against corrupt state lawyers who do unethically perjure themselves with complete impunity.

Under the pretense of a “conservative judicial agenda,” today’s courts would rather deliberately put an innocent man to death than expose an injustice. Incredibly, many of these so-called conservatives adopt a philosophy that it is acceptable to execute an innocent man as the Constitution does not protect the innocent from being executed – it only protects the right to a fair trial. See, Blessings of Liberty in the Land of the Free. Unless a factually innocent man (or woman) can show that he was denied a “fair trial” and show it within the statutorily mandated time limits; innocence is irrelevant.

How can anyone have any confidence in such a system? In case after case we see that the corruption of the system itself is the product of corrupt state attorneys who will do anything to win at any cost. See,"The Anatomy of A Corrupt Prosecutor". Truth and integrity are no longer relevant… only winning matters and state prosecutors such as Senior Assistant Attorney General Carol Dittmar knows that the only way to climb that politically controlled career ladder is to do whatever it takes to win – even put innocent men and women to death.

Is our own Supreme Court suborning perjury? Of course they are -- just watch as this case unfolds and you will see that the Supreme Court, even when it is brought to their attention that Ms. Dittmar has flagrantly misrepresenting material facts with the intent to deceive the Court, the Court will not make any attempt to discern the truth. To knowingly turn a blind eye when lawyers commit perjury is to encourage and invite unethical behaviors. By refusing to take action against parties that violate ethical standards; the Supreme Court does induce and suborn perjury.

Justice can never prevail when truth itself becomes irrelevant. In the words of President Abraham Lincoln, “Evil can only prevail when good men choose to do nothing!” There can be no greater within our judicial system than the deliberate disregard of the sacred concepts of truth and justice within our court system… justice can only hope to prevail when truth itself is religiously protected and preserved. The Supreme Court has a moral and ethical obligation to aggressively take action against any party who dares to misrepresent material facts before it – but today’s Supreme Court will do nothing.

When a state attorney general can appear before our Supreme Court and so blatantly defend against a state prisoners substantiated claim of actual innocence by presenting deliberate material misrepresentations intended to intentionally deceive the Court, and be so confident that they can do so with complete impunity, knowing full well that the Court will not take action against a state lawyer; then that itself provides a telling commentary on the integrity of today’s judicial system as a whole.

This is the greater tragedy… this unethical and contemptuous action by Senior Assistant Attorney General Carol Dittmar will be rewarded by the court because the Supreme Court itself has become so corrupt by its own bias against capital (death sentenced) prisoners that truth and justice are irrelevant. But consider this… when the very least of our society can no longer come before our courts with any hope of having truth and justice prevail, then the very soul of our constitutional democracy itself has now been executed at the hands of these conservatives who adhere to the philosophy that it is far better to execute an innocent man than to expose an injustice that might embarrass the judicial system and undermine the public’s confidence.

Don’t these conservative justices get it? The greatest threat to undermining public confidence in the judicial system is not exposing injustices, but eroding the sacred concepts of truth and justice. The integrity of our judicial system is dependent upon the Court’s willingness to protect truth allowing anyone to appear before the court and deliberately deceive the Court with complete impunity is the greatest threat. Eliminate integrity and there can be no justice.

April 01, 2007

A Laugh A Day Keeps the Executioner Away

I’ve got some really great new that I’d like to share with those out there who are concerned that many, including myself, may face an unjustified execution at the state’s corrupt hands. We have the power to now effectively abolish the death penalty… honest. All we have to do is truly believe and za-sham, no more executioners.

As many of us know the latest feel-good fad sweeping America is a book by now best-selling author Rhonda Byrne, “The Secret.” Already dear Oprah has devoted two entire shows to this book and sales have gone into the millions as those looking for a quick fix run to their nearest bookstore and buy into this pseudo-scientific babble.

Basically the premise of this latest craze is a contemporary application of the long talked of “Law of Attraction,” which preaches that each of us can miraculously change any circumstance in our life by positive thinking – just ask and believe and it will be. It’s so simple kids can even do it. Then again, the blind and trusting faith of a child helps facilitate this concept.

Myself I think Rhonda Byrne is a genius – but not because she’s now sharing “The Secret” with the masses. Rather, after years as a rather unsuccessful television producer she realized her own true calling… a master thief. Her recent best selling book is really nothing more than glamorized theft of the thoughts and ideas if the renowned and respected Pentecostal minister Norman Vincent Peale, who during the dark days if the American Depression (early 1930’s) ministered to the less fortunate on the streets of New York city. He shared a message of hope and faith to the down trodden and depressed; listing them from their own circumstances.

Many years later Norman Vincent Peale wrote a book called “The Power of Positive Thinking” in which he provided the message that Rhonda Byrne now preaches as if her own. With the donations and profits derived form his inspirational messages Peale established the still open “center for Positive Thinking” about an hour North of New York City. This was and still remains the legacy of a man who was motivated by his selfless desire to help those less fortunate. Yet in just a few months Rhonda Byrne has now shanghaied his message and made millions of dollars with the help of apparently clueless Oprah Winfrey – and how much of that money will be going to help those less fortunate or establish a foundation intended to perpetuate the gift so free given to others.

But what of the message itself? Can there be any truth to this “Secret?” Can in be that all I’ve really got to do to hold the executioner at bay is believe that it won’t happen? Could it really be that simple?

I believe in the power of faith and the perseverance of hope. But I do not and I cannot believe in the American judicial system. If all it takes is believing then perhaps rather than beg so many to simply care enough to help expose my wrongful conviction I should instead stand at my death row cell door clicking my heels together, chanting repeatedly, “there’s no place like home.” That worked for Dorothy as I saw it myself on T.V. So I know it has to be true, right?

But as I read Rhonda Byrne’s twist on Norman Vincent Peale’s inspirational message, even if I could get beyond my belief that she’s stealing an idea that was intended to help those less fortunate and shamelessly exploiting it through mass market sensationalism – all for her own selfish profit, then how do I get over the even greater obstacle in my ability to have faith in this corrupt system? How do I overcome my knowledge of just how inherently corrupt our judicial system is?

Perhaps if I believe strong enough those prosecutors who are perpetuating this injustice against me will miraculously develop a moral conscience and bow their heads in shame and admit that they were wrong. But the problem with that is that these parasitic prosecutors are psychopaths that prey upon those unable to defend against the seemingly infinite resources of the state, targeting those socially and financially disadvantaged for wrongful prosecution – convicting and condemning innocent men and women for no reason but to advance their own careers by maintaining a high conviction rate. See, “Southern Injustice: Exposing the New Face of Bigotry and Injustice in The South.” at (www.southerninjustice.com) and rather than address why these state sanctioned serial killers simply have no conscience. My common sense tells me that you simply cannot appeal to the conscious of a person who by their very nature has no conscience.

What if these state prosecutors who are already personally responsible for innocent people having been wrongfully convicted and condemned to death now miraculously did develop a conscience? Would they admit they were wrong? The fact is that despite over 125 men and women being exonerated and released from death row across the country, I have yet to see even one prosecutor actually admit that maybe – just maybe they were wrong, which brings us back to my belief that these prosecutors are cold blooded psychopathic state sanctioned serial killers not at all unlike a blood crazed rabid dog – and we all watched “Ole Yeller” and know that there’s really only one way to cure a rabid dog.

The problem is there’s virtually no accountability… these prosecutors act with complete impunity, knowing that the judicial system will protect them from being held accountable even if they deliberately coerce witnesses to lie, fabricate evidence and deliberately send an innocent man to death row. See, Prosecutorial Misconduct: Does Immunity Invite Injustice?

What has to be understood is the corruption that drives these parasites. Most prosecutors actually do follow the law and their own conscience – but it’s the relatively few who are corrupted by the power entrusted in them and rather than seek justice the job becomes a means in which to build their own career… by any means necessary. Not surprisingly when wrongful convictions are exposed a pattern begins to show that it’s the same state attorneys who break the law to wrongfully convict and condemn innocent men and women. That a relatively small group of corrupt state attorneys actually account for an alarming rate of wrongful convictions and yet the judicial system continues to protect them, even promoting them to higher office rather than tar and feather them as it should be. See, "The Anatomy of A Corrupt Prosecutor".

If only it were so simple as to just believe that an injustice could come to and end by believing in the power of positive thought. But then, how much faith could a person out into a message from a person who shamelessly stole the concept from someone who intended only good for it?

The good news is that a few weeks ago I read an article in the USA Today newspaper that I can believe in. (See, USA Today, March 12th, 2007 “A laugh a day may help keep death farther away.”) According to this scientific study conducted at the Norwegian University of Science and Technology having a sense of humor has now been proven to prolong a person’s life. And I’ve now got it in writing, conveniently taped to the space over the door of my death row cell. If the power of positive thought can move mountains and make miracles happen, then just imagine what I can accomplish with the power of a sense of humor! A laugh a day keeps the executioner away – bite me, you slimy bastard! Ha Ha Ha! See, now I know the true “Secret” – all I got to do is stand at my cell door clicking my heels together chanting “There’s no place like home” repeatedly while spontaneously laughing and I can escape the executioner… they can’t kill a crazy man, right? Beam me up, Scotty, the jokes on them. (And now I close with a big smile!)