jimenez1440
Junior Member
**** I am not an attourney. I am looking for answers for a friend (my girlfriends father) who has been incarcerated for about 10 years now and is looking for answers on how to proceed.
The following is quoted directly from him.
_____________________________
The **** slander invites and centers around due process, equal protection and 14th amendment violations due to the government using the power of its office maliciously slandering a defendant to gain advantage over the out come.
A German national who emigrated to the US in 1961 at age 11,
served in the U. S. military and
maintained his green card status,
was charged and arrested in 2009 at age 59 with a marijuana conspiracy.
1st trial in 2009 was a mistrial due to a juror not believing the government's evidence
( voicing concern re rewarded witnesses etc,).
The lead prosecutor stated to defense counsel that for the second trial he would bring "everybody" including people whom he did not use in the first trial - one who had flunked the government's polygraph as to the evidence.
Same individual was then changed from major role status - he was the source and end user and major benefactor -
to minor role status and became the critical star witness in the second trial. He received four years for his co operation.
The government's own other rewarded witnesses opposed some of his testimony.
2nd trial in 2010 resulted in convictions - and sentences to defendant of double life and 40 years times 2.
ON Direct appeal - In 2011 the Appellate court reversed and remanded the case and convictions due to innocent intent jury instructions not being allowed by the district court.
A lawyer of Jewish faith was specifically appointed in chambers by the judge in Dec 2011 for the 3rd trial - set for July 2012.
Same lawyer stated he was a friend of the judge's and repeated that the extreme animosity and bias by the lead AUSA was shared by the court, and consequently no fair proceeding could be had - and no good options existed.
He also stated that immediately upon his appointment, he was informed by the lead A.U.S.A. in the case that his German client ( now 59 years old and having resided in the U.S for 48 years) WAS A **** - not acted like - but WAS A **** -
which the lawyer confronted the defendant with - stating he was told to take the case over his objections.
He repeated the malicious and false slander of the defendant being a **** to other legal professionals in the Jewish legal community - one who has provided an affidavit to the Court.
THE DEFENDANT HAS NO TIES TO ANY SUCH ISM OR POLITICAL PARTY - JUST THE OPPOSITE THE DEFENDANT IS A STRONG DEFENDER OF THE US CONSTITUTION.
Same attorney - as he stated no fair proceeding was possible -talked his client into pleading guilty to a money laundering charge resultant in twenty years- and to accept such even though it was barred by the statute of limitations - as a clause would be inserted that would reduce his sentence - and then stood by - and then resigned when the government deliberately obstructed the defendants ability to adhere to the plea deal.
This pervasive prejudice disaffected the case and all involved from the beginning - the court was noted by the defendant of the prejudice by the government as the defense lawyer would not address the court to that issue - the court would not respond.
A motion to compel the Government to provide any and all evidence to such **** slander was filed in late 2017 -
it was docketed - the government has missed its reply date (24 October 2017) by nearly 4 months.
There are two appeals pending that are based upon the prejudice by all involved parties dis affecting the entire case and outcome - I do not know how to proceed and need assistance.
The following is quoted directly from him.
_____________________________
The **** slander invites and centers around due process, equal protection and 14th amendment violations due to the government using the power of its office maliciously slandering a defendant to gain advantage over the out come.
A German national who emigrated to the US in 1961 at age 11,
served in the U. S. military and
maintained his green card status,
was charged and arrested in 2009 at age 59 with a marijuana conspiracy.
1st trial in 2009 was a mistrial due to a juror not believing the government's evidence
( voicing concern re rewarded witnesses etc,).
The lead prosecutor stated to defense counsel that for the second trial he would bring "everybody" including people whom he did not use in the first trial - one who had flunked the government's polygraph as to the evidence.
Same individual was then changed from major role status - he was the source and end user and major benefactor -
to minor role status and became the critical star witness in the second trial. He received four years for his co operation.
The government's own other rewarded witnesses opposed some of his testimony.
2nd trial in 2010 resulted in convictions - and sentences to defendant of double life and 40 years times 2.
ON Direct appeal - In 2011 the Appellate court reversed and remanded the case and convictions due to innocent intent jury instructions not being allowed by the district court.
A lawyer of Jewish faith was specifically appointed in chambers by the judge in Dec 2011 for the 3rd trial - set for July 2012.
Same lawyer stated he was a friend of the judge's and repeated that the extreme animosity and bias by the lead AUSA was shared by the court, and consequently no fair proceeding could be had - and no good options existed.
He also stated that immediately upon his appointment, he was informed by the lead A.U.S.A. in the case that his German client ( now 59 years old and having resided in the U.S for 48 years) WAS A **** - not acted like - but WAS A **** -
which the lawyer confronted the defendant with - stating he was told to take the case over his objections.
He repeated the malicious and false slander of the defendant being a **** to other legal professionals in the Jewish legal community - one who has provided an affidavit to the Court.
THE DEFENDANT HAS NO TIES TO ANY SUCH ISM OR POLITICAL PARTY - JUST THE OPPOSITE THE DEFENDANT IS A STRONG DEFENDER OF THE US CONSTITUTION.
Same attorney - as he stated no fair proceeding was possible -talked his client into pleading guilty to a money laundering charge resultant in twenty years- and to accept such even though it was barred by the statute of limitations - as a clause would be inserted that would reduce his sentence - and then stood by - and then resigned when the government deliberately obstructed the defendants ability to adhere to the plea deal.
This pervasive prejudice disaffected the case and all involved from the beginning - the court was noted by the defendant of the prejudice by the government as the defense lawyer would not address the court to that issue - the court would not respond.
A motion to compel the Government to provide any and all evidence to such **** slander was filed in late 2017 -
it was docketed - the government has missed its reply date (24 October 2017) by nearly 4 months.
There are two appeals pending that are based upon the prejudice by all involved parties dis affecting the entire case and outcome - I do not know how to proceed and need assistance.
