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95 to 5, CONFLICT OF INTERESTSELF DISCLOSUREI was born September, 5, 1949 as Earnest Larry Stocker to a loving, hardworking father, Ferda Stocker and a loving mother, Willie Stocker on a forty acre farm eight miles north east of Rison, Arkansas. I am the fourteenth of fifteen children. My earliest remembrance is helping a sister pick cotton that my father and siblings had raised. I was only three or four years old. I can, also, remember attending our local church which is a mile, or so, up the dirt road. It is a biblical, halilua little church.My formal education began at the age of six, in 1955, when I started first grade at Lanwood School in Rison, Arkansas. I attended first through eleventh grades at this school. I transferred to Rison High School, Rison, Arkansas my senior year. I graduated from Rison High School, in 1967, with achedemic honors.My formal education continued as I attended Arkansas AM&N College, in Pine Bluff, Arkansas. I graduated with a Bachelor of Science degree, with a major in mathematics, in 1967.I worked, thereafter, in many capacities in technical jobs. At the time of this writing, I will have paid in social security taxes for a span of over forty years.THIS WRITING CONTAINS IDEAS WHICH PERTAIN TO THE FOLLOWING DOCUMENTS:The United States Constitution, Article VI, Amendment 6 provides the right of the accused in a criminal case to “the assistance of counsel for his defense”.The State of Arkansas Constitution, Article 2, Declaration of rights, Paragraph 10 provides that the defendant in all criminal cases has the right to be heard by himself and his counsel.Arkansas Rules of Professional Conduct, Preamble: A lawyer’s responsibility, Paragraph 2 A lawyer zealously asserts the clients position. Paragraph 10 - The legal profession is largely self-governing.Arkansas Code, Section 5-2-607[a] A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is [1] Committing or about to commit a felony involving force or violence; [2] Using or about to use unlawful deadly force; or[3] Imminently endangering the person’s life [b] A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety: [A] By retreating, [B] however a person is not required to retreat if the person is:[i] In the person’s dwelling or on the curtilage surrounding the person’s dwelling and was not the original aggressor.Arkansas Rules of Criminal Procedure, Article VIII, Speedy TrialRule 28.1 Limitations and consequences [c] any defendant charged with an offense and held to bail or otherwise lawfully set at liberty, shall be entitled to have the charge dismissed with an absolute bar to prosecution if not brought to trial within [12] months from the time provided in Rule 28.2Rule 28.2 - When time commences to run[a] the time for trial commences running from the date of arrest.Rule30.2 - Waiver Failure of a defendant to move for dismissal of the charges, under these rules, prior to trial shall constitute a waiver of his rights under these rules. STATISTICS TO PONDER OVERHow is it that 19 out of 20, 95% of the criminally accused, in the State of Arkansas, who cannot afford a private attorney, in a criminal case, and are forced to rely on a Public Defender for representation are convicted each year, receiving long prison sentences? It is apparent that the innocent of crime don’t plea bargain and plead not guilty in court. The guilty plea bargain to get off with lighter penalties.The innocent faces a 95% chance that he or she will be found guilty in criminal court in the State of Arkansas’ Why? Neither the United States Constitution or the Constitution of the State of Arkansas have wording to the affect “A lawyer shall zealously assert the clients position” Thereby, Public Defenders are not mandated to zealously defend a poor person in court. Their clients are expecting representation to be tantamount, as one would expect from private counsel. But, the Public , whose employer is the State of Arkansas, are on the payroll of the State of Arkansas, having little grit and readily share your defense with the prosecution, a conflict of interest giving the accused only a 5% chance of being found not guilty whether you are innocent or not. The accused finds out after the fact, if at all.Should one wonder why it is predicted that by the year 2020, 70% of Arkansans will be felons.The penal system is big business in the State of Arkansas. We want you, inmates, to work for 6 dollars a year, innocent or guilty. It has to have inmates to be viable. There is no politics to support penal issues.My story is only one of thousands I have come to know about since I have been involved with the criminal justice system in the State of Arkansas. I hope you enjoy. HOW IT ALL BEGAN I met JM at Sue’s house. She was crying due to her being accused ofcourting her mama’s man. I didn’t know her mama had found a man. I know she had been looking for some time. Her man is from south of the boarder. JM looked like she was broke. Here she is, a grown woman looking destitute, living in her mama’s house with her estranged boyfriend. So I, out of the kindness of my heart, reached into my pocket and pulled out a 20 dollar bill and gave it to her, hoping it would help console her, and help her out; You see, I had been knowing her family since I was in grade school. She looked as though she already has had a rough life at age twenty or so, unattractive with a large scare extending from around her right cheek and across both her upper and lower lips which probably came from sharp object such as knife. She, also, had what appeared to be putrid skin, dry rot, from her ears around her neck, from lack of cleanliness. But, I still felt a sense of sympathy for her. It may be that at some point I can encourage her to attend and finish college, as I have done, and have encouraged others to do.THE TIME PASSES ONI would see JM occasionally around town and at social events. She would ask me to give her a ride to school, for her son, or to the store, from time to time.I left Rison and went to Ohio to work for several months. When I returned, JM had gotten her own apartment, living next door to my friend Sue. I would buy a bottle of liquor, cook and drink at Sue’s apartment. JM would come by as she always have. She would drink with me at Sue’s apartment or at her apartment. It was just a conjugal relationship. I would spend a lot of leisure time in the apartment complex during periods of my being off from work. Otherwise, I stayed at my house, 8 miles out in the country.I met DM, JM’s first cousin, through JM being around me. The two of them would ride with me and even drive if I had been drinking which was a good thing. Dm has not finished her education either.I was acquainted with both JM’s and DM’s fathers. I know that they are brothers and have spent many years in the State Penitentiary. It seems that now is a good time to encourage the two of them, JM and DM, toward continuing their educations, not knowing what is brewing inside the two. The hints are there. But, my desire to help them override poverty, through education, blinded me to the possibility of any threat to my safety.I'M BECOMING SUSPICIOUSThere were several occasions of suspicion about JM’s and DM’s characters growing inside of them. They are becoming dubiously manipulating coconspirators in matters already, unawares to me.I bet this began, with them, when they were small, learning from their father’s lives and growing up without nurturing supervision. They both desired to be around me. They loved to drive and, and I didn’t mind being driven. I could afford to buy new vehicles. I had a good job working for a Department of Defense Contractor on the Pine Bluff Arsenal. The result of having finished college. You see, I have two grown daughters of my own which for one reason or another, I didn’t spend as much time with, due to a divorce, as maybe I should have. Maybe they were a fill-in for them. I didn’t ask for this. Nor did I go looking for this. Well, here it is. Maybe it will just go away. If need be, how will you explain this kind of relationship to a jury? Or to my creditorsOur relationship would continue. They would ride with me or drive while inviting some of their female associates to go along. I didn’t see anything wrong with that at first. It started to become a little suspicious of their behavior when they, JM and DM would separate from me at a friend’s house or at a social gathering. This went on as a routine for some time.Then one night, to my displeasure, I saw them puffing from a cigarette offered by someone in the group. I really didn’t know if it was any kind of drug. I thought, for sure, it was the non-narcotics smoke that’s being mentioned on TV as of late. I don’t smoke or use drugs. I’m not an authority. It didn’t do much to change my impression of JM and DM. It’s all harmless, I’m thing. It’s all superficial or have I been out maneuvered by the young and the slick? Should I break all ties with the two? I’m reminded, I’m working, employed under a confidential clearance with a contractor of the Department of Defense. I must be careful of the character of the people with whom I associate. My mind tells me there is no harm in smoking a blunt, after all, It is just tobacco.I HAVE OTHER FRIENDSI have several other friends, who live in the same apartment complex, which I’ve visited often over the years. There are many others I’ve been able to encourage to pursue higher education who have lived in this same apartment complex. I’ve tried to share what I’ve been blessed with.On many occasions, these same friends have visited my house, out in the country, eight miles from Rison, including JM and DM. I would cook, for them, entertain for them by playing my keyboards, and just having clean fun. This is the nature of most of the people in the Rison area.I have also offered free tutoring for those pursuing High School or College level diplomas. What could be better, to have someone who finished college or vocational school approach you and let you know how much they appreciate your helping them in passing their achedemic requirements, and had it not been for you, I might not ever have started in higher education, let alone have finished. This makes it all worthwhile. What risk can it possibly be in this?JUST OUT FOR RELAXATIONOn Sunday afternoon, August 16, 2010, I left my home and jauntily went for a ride, without any particular purpose in mind other than to break the monotony of sitting around the house. I rode to Rison and went to a neighborhood known as “THE HILL”. There was a softball game in progress.I stopped and visited a friend who lives across the street and had a few drinks. I also visited, briefly, with his daughter whom I met as we started first grade together in 1955. She looks well. I am two months older than she. But, I probably don’t look as well due to my cardio artery disease, diabetes and high blood pressure, as a result of which I had to leave working and retire on social security disability payments for income.Upon leaving my friends yard, heading to my car, which was parked down the street, I purchased two one half pints of liquor from a seller, to consume later after I’ve returned home.As I reached my car, JM appears out of know where, wanting to ride with me but wanted to drive. I thought about it, and since I’m not feeling so robust from the alcohol I’ve already consumed, and the fact I had previously taught her how to drive a standard shift, why not?JM BEGINS TO DRIVE, THE NEXT THREE AND ONE HALF YEARS WILL BE A NIGHTMARE.After she began driving, I, immediately, dozed off. She proceeded to pick up her sister in Rison and, as I am waking up, drops her off at her cousin Tab’s apartment in Pine Bluff, twenty five miles away.While in Pine Bluff, she seductively, picks up DM who wants to go to what she describes as her brother’s house, the cousin of JM, a male individual I don’t know. I sat in the car in front of the carport of the house, while JM and DM exited my car and went under the carport. After several minutes, of drinking more liquor, alone in the car, I was invited to join JM, DM and the brother of DM under the carport. In the meantime another male individual shows up, inconspicuously, who was identified as another cousin.I’m now beginning to wonder how I’m going to get myself out of this mess and avoid a public intoxication ticket.It turns out that everybody drinks. There is not enough liquor for five people. DM wants me to buy more liquor from the house across the street. I have only eight dollars on my person. DM has thirty dollars and decides to spend her light bill money and dubiously suggest I reimburse her the next day after we all go down to my house and spend the night, and come back to Pine Bluff when the banks opens.Getting home sounds like a good idea to me, even though I don’t entirely agree with the reimbursement proposal. That’s something I can deal with tomorrow when I’ve had a chance to sober up.JM removes my car key from my key ring and hands it to the so called brother of DM for him to drive.UNBEKNOWN TO ME THE PLOT IS UNDERWAYUpon arriving at my house, eight miles north of Rison, fifteen miles south of Pine Bluff, I entered my house first and checked the security, whether it had been broke into or not, and the placement of my guns; my 40 caliber pistol on top of my bed, underneath the spread of my master bed and a 22 caliber rifle on the floor next to my master bed. All were in their proper places.The impromptu party begins at about 12:00, midnight. My computer, my two keyboards, loveseat and other entertainment equipment, I keep in my main bedroom for convenience and comfort. I begin singing with my microphone and playing my two keyboards. No more drinking for me. I’ve had more than I should have already. One of the male individuals, the one introduced as the cousin, would alternate with me and DM’s young son, singing. I don’t know where he came from. DM hooks up her CD player and would play her own music for her and JM to do their dirty dancing routine, uninvited, in my face, the one facing me, the two close together, the other with her back to me looking over her shoulder. This performance is unusual to say the least and well-rehearsed. It’s apparent, they’ve done this routine before. I told them both, I’m not interested.I would leave my bedroom, from time to time, to use the bathroom down the hall, due to my diabetes. JM disappears at around 2:00 AM, alone, down into my den, from being high from the alcohol she had been drinking and the stuff the four of them had been smoking. I don’t know what the stuff they were smoking is but it is obvious it is not non-narcotic. I don’t use illegal drugs.IT IS NOW VERY LATE AND TIME TO RETIREAt about 3:00 AM, DM’s young son becomes sleepy. He has begun yawning. I told him to lie down on the loveseat and go to sleep. DM responded by saying “He don’t need to go to sleep”. I then said, in my bewilderment, “I am going to sleep. You all can make yourselves at home, anywhere”. The three of them, the two male individuals and DM are in my bedroom smoking, to my disapproval.I approached the light switch on the wall. DM said “don’t turn off that light”. I left the light on and lay down on my bed. I’m astounded, my 40 caliber pistol is not underneath the blanket where it had been when I first arrived home.The first thing comes to my mind is that JM has my .40 caliber pistol and has gone to my den, away from everyone else, a pretense of being asleep, hoping I won’t miss it. Now I understand the dirty dancing routine, the bemused behavior was designed to distract my attention so that JM could gain possession of my pistol.I proclaimed, impulsively, to the three that were in my bedroom “one of you has my pistol and nobody has it but JM. I’m going to get the Sheriff’s Department out here to handle this”, in hopes of bringing some sense of normality to my home. I went to reach for my home telephone, which I hang at the head of my bed, when I noticed DM moving, intrusively, toward the .22 rifle which is lying on the floor next to the bed. We got to the rifle at the same time. I struggled to gain control of the rifle and left the house and my property, on foot since I don’t have my car key, JM had made sure of that. I realize at this point I’ve been set up.I'M IN DANGER. I MUST GET OUT OF IT.I retreated, down the road to the north about 200 yards, instead to the south which is a dead end road with miles of nothing but timber country, to get out of immediate danger of these misfits, who have taken on the appearance of a hostile gang, from using the pistol on me, for it is pitch dark down there. I’m wondering, how far they are intending to go. I will stay here until my neighbor to the south of me comes home and have him contact the authorities.After standing for about fifteen minutes, the two male individuals come to my front door and look out, then went back inside my house.After a few more minutes, JM and DM come to the front door. But, they do not stop. They are looking for me directly across the road in front of my house. This is when I yell to them to put the gun back where you got it and we can get the Sheriff’s Department out here to handle this matter. I don’t have access to telephone. As soon as I said that, both of them turned to the right and proceeded, aggressively, to the right for they now know where I am.JM says, ruthlessly, “ We are going to fuck your fucking ass up”. DM says “we are going to show you, you don’t fuck with us McCrackneys”, as they slowly inched, diagonally across my lawn, toward the shadow cast by the night light and the trees at the corner of my property. They, enraged, alternating throwing expletives, as though they are feeding off each other, entered the shadow, cast by the night light and the tall trees at the edge of my property, they began to speed up. For now, with the white clothing I am wearing, they are able to see me. At this point I began to back up, for now they are within range of the .40 caliber pistol which is missing. I continue to try to reason with the two to put the gun back in the house. But instead, JM and DM continue to alternate between the two of fucking me up as they are closing in on me.MY RETREAT HAS NOT BEEN GOOD ENOUGHNobody knows this is occurring.THE INCIDENTThey are now within fifty feet of me. I am retreating as fast as I can. I am disabled with a bad heart and sixty one years old, I can’t out run them to my next neighbor’s house which is three quarters of a mile away. So, I stop. I yell to the two of them to stop. DM, who carries a knife, stops within about thirty feet of me. JM does not stop and began to launch for me. I’m knowing she carries a box cutter as a weapon, from my having seen it in the past, and the fact that she had possession of my .40 caliber pistol, I fired one shot from the .22 caliber rifle to protect my life from imminent danger.JM fell to the ground, got herself up, and walked back to my mailbox which is at the road in front of my house.DM did not retreat. She continues to threaten me with expletives of what the McCrackneys are going to do to me.I exited the road into thick, small pine trees to my right away from DM who continues to threaten me as though she could be in possession of my .40 caliber pistol.Dm finally decides to return to the house.THE COUNTY SHERIFF'S DEPUTIES AND AMBULANCE ARRIVEI stayed in the thick bushes until the Cleveland County Sheriffs and an ambulance arrived. I then, quickly, exit the bushes. I’m relieved that this criminal assault, on me may finally be over. Leaving the rifle behind, I went back to my house. Where, to my chagrin, I was handcuffed and placed in a police car. I’m trying to tell the officer about what has happened to me at my house. He was not interested. It started to appear to me that my guilt of something had already been determined, without an inkling of a question. Social incest between JM’s mama, JM and the arresting officer has already begun. He is incapable of responding, appropriately to what has actually occurred. Just because you, as an officer of the law, are a good friend of the mama of JM and JM should not justify tunnel vision in not fully investigating both sides of the incident. Merciless indignation is just beginning.There is a .40 caliber pistol unaccounted for, to end up on the illegal gun market, and this police officer is not interested in where it is. Any one of the three could have it. His mind is already made up as to my guilt. CLEVELAND COUNTY JAIL AND SLOPPY POLICE WORKI am taken to the Cleveland County Jail and charged with the repugnant charge of first degree battery. I am locked up, without so much as a single question, to me, about what has happened at my house. Little that I know, the wheel of corruption has just begun to turn.Afterward being locked up for over thirty hours, I am ushered in to be interrogated by the Cleveland County Investigator, an Arkansas State Police Investigator and a deputy from the Cleveland County Sheriff’s Department. I gave them the account of what happened at my house. At the conclusion, I asked the officers if they retrieved my .40 caliber pistol. They had not.I was returned to my house by a Cleveland County Sheriff’s Deputy and an Investigator from the Arkansas State Police. As we approached the house, thirteen .40 caliber bullets were neatly piled on the steps. This is the spot where the so-called brother of DM was sitting when I was handcuffed and hauled off to jail, on the night of the incident. He hid them from the deputy who, with his tunnel vision, walked right past him. I didn’t put them there.The investigator with the Arkansas State Police took a picture of the .40 caliber pistol which was found between the two mattresses, not on top of the bed underneath the spread, where I keep it. Whoever placed it there was not the person who moved it from underneath the spread. The only person who knows where I keep my pistol is JM, the person who moved it, to place it back in its proper place. JM was not there to do so.I AM FINALLY RELEASED, MAYBY THIS MATTER IS OVERI am returned to the Cleveland County Jail and was imperiously released by the Cleveland County Criminal Investigator. It is a real sigh of relief that a more complete investigation has occurred and that my statements are credulous and my actions were in self-defense.Upon leaving the jail, I am informed by the Cleveland County Investigator, that the Prosecuting Attorney would review the case.I am dropped off, at my house, by a Cleveland County Sheriff’s Deputy. This gives me the opportunity to thoroughly research my house. CORROBERATING EVIDENCE OF MY INNOSCENCE I find other of my innocence. There was one bullet found, by me, on corroborating evidence the passenger side of my car, to which, the so-called brother of DM has the key. I called the acting County Sheriff to report this. He wasn’t interested. Sloppy police work continues. I had just purchased the gun and fifty bullets, legally, from a local gun store, on the previous Wednesday, prior to the incident. The gun had never been fired. Where did all the bullets go? The box the bullets came was empty. There were thirteen bullets on the steps. There was one bullet on the passenger side of my car from the gun being loaded in preparation to fire and the bullet being ejected. This bullet, I’m convinced, was meant for me. THREE MONTHS PASS BY Three months pass by. I am sitting at home on a Sunday night when a Cleveland County Sheriff’s Deputy shows up at my front door to take me to jail. The deputy tells me I have to meet court tomorrow morning. I am stunned. It appears that the flagrant charge has magnifiedAt the county jail I am placed in a single cell for the night.IT IS COURT TIMECome court time, I am ushered to the court room by the baliff who is decked out in his fancy uniform and his stun gun to his side. I have the strange feeling. These people seriously consider me as being a real criminal and not the star athlete from Rison High of 1967, who sets a new basketball scoring record by scoring 56 points in a single game and intergrating sports at the school. This prosecutor can’t be a wildcat.Well, this prosecution shouldn’t come as a big surprise. After all, JM’s aunt works for the prosecutor and I’d heard she was forcing the issue to prosecute. Another example of social intercource at work to prejudice this case. The prosecuting attorney, flamboyantly in his moment of grandeur, reads the appalling charge of first degree battery before the court which carries a sentence of five to twenty years in prison and or a fifteen thousand dollar fine. I am horrified.I am now questioned by the judge of my financial status. I’m thinking, “Isn’t a court of law in the land of the free suppose to be about whether you are guilty or innocent. I replied, grimly. “I am disabled, drawing a Social Security payment. I am under bankruptcy and I have five dollars in the bank.I am asked by the judge, how I plan to post the five thousand dollar bond?I replied, my house which I own.He then asked me, how much my house is worth?I replied, fifty seven thousand dollars and there are no liens.I NOW HAVE A PUBLIC DEFENDER LAWYERI am appointed a Public Defender to represent me. Another court date is set.I AM BEWILDEREDI am returned to the jail and fingerprinted. I’m thinking, “Is this the American dream?” How is it that you can leave home for a ride, be approached by someone you consider to be friend, be robbed by that person, and her three cousins, and be threatened of serious bodily injury or death and I end up indicted, with the gang of cousins not having even been questioned about the robbery of my .40 caliber pistol by JM, the attempted robbery of my .22 rifle by DM, the theft of 27, .40 caliber bullets by one of the cousins, and two counts of terroristic threatening, by JM and DM and numerous incidents of filing false police reports.Is this episode justice or cultural disintegration? Gangs and there threats to the public and them being instruments to the illegal gun trade are hard enough to police and to prosecute on their own merits. Corrupt police and prosecutors make the task almost impossible by going after the innocent. Any wonder why 75% of the guns going to Mexico come from the United States.What happens to all the guns the good cops confiscate? Occasionally, there is a token public awareness made of confiscated guns in Little Rock, Arkansas. Other than that, there is nothing published about illegal guns across the state of Arkansas. This is what the focus should be on, in this state, and not on supplying innocent inmates to make the big business of the Arkansas Department of Corrections, which pays its inmates a salary of six dollars per year, viable. How can a problem be fixed if you are an integral part of it?COURT, WITH THIS PUBLIC DEFENDER LAWYERI requested that Public Defender present a motion to dismiss, before the next court, to have the charge dropped since, my actions were in self-defense, to prevent serious bodily injury or death being inflicted upon me. He refused to honor my request. I am overwhelmed with consternation.Just prior to the next court, I met with the Public Defender. He advised me that the Prosecuting Attorney now offers a plea deal of five years, four years in the Arkansas Department of Correction, with one year suspended.My plea of self-defense was entered in court this day. Another court appearance was set.Before the next court date comes around, K.M, unanticipatedly, removes himself from representing me. I am Informed, by him, that another attorney would be representing me going forward.A NEW PUBLIC DEFENDER LAWYERI sent an e-mail to this new attorney explaining the incident for which I’ve been charged, first degree battery, to help her prepare for the upcoming court appearance. Especially, to present, before the court, that I was in imminent danger the night of the incident.The court date arrives. I meet the new attorney inside the courtroom. She pulls me aside, at the courtroom door, and introduces herself.I am eager to have her enter a motion to dismiss. But, to the contrary, she refuses to enter my motion. She was not interested in asking for a dismissal, but, rather a continuance for me to have a psychological evaluation. Why do I need a psychological evaluation? I’m wondering. Well, I concluded, this is my attorney who has been appointed by the court to represent me. Surely, she is looking out for my best interest. But, I don’t see any enthusiasm in her toward my innocence and my defense. Is this the culture of the Public Defender? But, this is America.She presents the motion before the court for and receives a continuance for a psychological evaluation to occur. The judge approves the motion, and advises me, “ It could take up to five months for the evaluation to be completed”. My case will be placed on the waiting list.In the meantime, while I am awaiting the psychological evaluation, two other Public Defenders are assigned to my case. What kind of predicament am I in? Is it just me against a blood thirsty Prosecuting Attorney?HE IS BACKI later receive a letter from the original Public Defender stating that he was back on the case. He, also, informed me, to further exacerbate my case, an additional charge “with the use of a firearm”, which carries a possible ten year sentence, will be added to the first degree battery charge, for a total possible charge of thirty years in prison and fifteen thousand dollars in fine.It seems to me, he’s going to force me to plead guilty to something I’m not guilty of. I realize that I’m not as big and as strong as the Prosecuting Attorney. But, I’m not going to plead guilty to this bogus charge. I still feel that a citizen should have the right to protect himself from the mortal attack of a gang.I CAN'T AFFORD A PRIVATE LAWYERMy contingency plan to be able to afford the representation of a private law firm has failed me. Being bankrupt will not allow me to obtain a loan to pay for a private lawyer. I have no other choice but to continue with this Public Defender.I now understand why the psychological evaluation was requested. My initial thought was, there could be something, which could come out of it, that would be good for my defense. But now, I realize it is designed to give the Prosecutor an open, unimpeded, door for my prosecution, my not being able to muster my defense.What is this predicament I’m in? Is it incidental or by design? I’m starting to believe it is by design. How can I possibly hope to win against a Prosecutor and a Public Defender who aids him.The psychological evaluation is complete. I am again being represented by the original Public Defender. The results of the evaluation reveal no reason why the prosecution will not continue. I am forwarded a copy of the evaluation.THE ISSUE OF A RIGHT TO A SPEEDY TRIALOne year passes from the time I was arrested and the question of violating my right to a speedy trial is becoming an issue. I posed that issue to K.M. The continuance, with regard to the psychological evaluation was requested on behalf of the defense, as it relates to the charge of first degree battery. The additional charge of “with the use of a fire arm” should not be run susinct with the first degree battery charge. After one year the second charge should be dropped or thrown out of court since the issue is not brought to trial within one year of the day of my arrest.At this same time, JM is ordered, by another court, in another matter, to undergo drug and alcohol rehabilitation, which she starts and skips out on. I sent K.M. an e-mail advising him of this fact as it is material to her credibility. But, I did not hear back from him.Several months later, I requested the time line of the continuance for the psychological evaluation, which is attributed to the defense and does not count toward the speedy trial rule requirement of one year to trial. He provided me with the number of days attributed to the psychological evaluation and also the days of two other continuances, attributed to the defense, requested from the court, which I was not made aware of, at the same time JM of the prosecution was skipping out on drug and alcohol rehabilitation.AN OFFER OF PROBATION, IF I PLEAD GUILTY.The Public Defender calls me just prior to court to set up a meeting. The Prosecuting Attorney is now, engagingly, offering a plea deal of probation if I plead guilty. I ask myself, why would he go from a possible thirty year jury conviction to a plea of probation if JM was going to be there? How can any one person have that much authority? After all, there was only one incident. I decided to stick with my innocence and take my chances in court. I don’t lie for any reason. I’m as confident as ever that my innocence will win out in court. I will be triumphant. I will be vindicated. Why not come clean Mr. Prosecutor and admit the police got it wrong?I am not naive enough to believe the Public Defender and Prosecuting Attorney give a care about justice. I’m in for the surprise of my life, a trip of rude awakening. I know I have pissed both of them off by not pleading guilty. This is the point, in retrospect, where I made, and thousands of other innocent accused in the state of Arkansas have made, the mistake of proceeding with the same Public Defender and Prosecuting Attorney combination. For both of them are under the employ of the state. The defendant’s interest and innocence is not their concern. The requirements of the state and United States Constitutions have been met. There is no requirement for zealousness on the part of the Public Defender to defend you. Get a lawyer. The overcrowded prisons and jails, around the state, can always handle one more poor person resulting from this conflict of interest.IT'S TIME FOR COURTThe night before court, I got a call from the Public Defender. He asked me if I am ready for court and confirmed that, by his investigator, JM had indeed skipped out on drug and alcohol rehabilitation.The next morning, I am ready for court. When I go in, I sit where everyone else is sitting. These must be prospective jurors that are around me. I always have heard that one is tried by jurors of his peers. For the moment, that gives me some comfort.I sit for about two hours before the jury selection begins. The Public Defender had no plan for jury selection. I’m now wondering if his awkwardness is deliberate or incompetence. This process of selecting a jury didn’t take very long at all.To my surprise, JM shows up. I just know she will be accosted for violating her court order and returned to drug and alcohol rehabilitation. It didn’t happen. My Public Defender attorney is obligingly being outmaneuvered. His instruction, to me, is to keep quiet, obsequiously. He will handle the proceedings. I should say, “yes sir” and “no sir”. I felt like throwing up. I just know some legal motion or something is being suppressed. But at the moment, I just don’t know what it is.The proceeding continues. It has to be JM’s credibility that’s to be introduced in this court proceeding by the Public Defender. I’m waiting in agony. There is a sense of urgency starting to build inside me. I’m feeling, don’t stifle the jury, how lenient can you be? My future is at stake. Whose side are you on? These are rushed feelings I’m having about the whole matter. If there is zealousness in him, the Public Defender, it’s not for me.JM is called to the stand. I am convinced, in my mind, in some strange way, she is going to tell the truth. You see, she had sought me, some time back, to tell me that she had not pressed charges. But, her testimony ends up being something completely different. Especially when she tells the jury, that on the night of the incident, she came down the road to calm me down. I guess, the hundreds of dollars offered to female victims of crime can change anybody’s testimony. It must have been just too tempting for the truth to come out. According to what I hear, in her mind she has already spent the money. As I recall, on the night of the incident, JM and DM threatened and attempted to fuck me up. I’m looking for my Public Defender Attorney to zealously assert my position of innocence.Where is the judge? For some reason he has left the bench. This gives JM and the prosecutor the opportunity to visit directly with the jury. It’s time for him, my Public Defender attorney, to show the jury that this woman is dangerous and not unarmed. It is three o’clock in the morning and pitch dark and two threatening women are coming at me threatening to fuck me up. I have to protect my life now. I don’t have time to wait until the sun comes up. They have my car keys, I can’t drive away. They have my telephones, I can’t call anybody. I’m disabled I can’t outrun them. JM carries a box cutter and DM carries a knife. This gang is after my guns for the illegal gun trade, and they have mine, and plan for me to disappear without a trace, because no one knows they are at my house, eight miles out in the country. OK Mr. Public Defender, do your job. This case should be easy, just present the facts. THE PROSECUTOR TAMPERS WITH THE JURYThe prosecutor, ostensibly, had placed a portable chalk board right in front of the jury box. It had been there during jury selection and throughout the trial. The drawing on it looked familiar to say the least. But, I couldn’t place it until the prosecutor presented that hand-drawing, that was not entered as evidence, of what was a satellite view of my property. Strangely, this is a depiction of the actual satellite view I had reference to the Public Defender, earlier in the case, as a defensive tool for my defense. The Prosecuting Attorney now, conveniently, uses this information, I provided to the Public Defender, to preempt the defense with prejudicial statements to the jury. How can this be? The Public Defender sits impassively, with no rebuff or objection. The drawing was similar to a satellite view I had informed the Public Defended of my house, the night light, tall trees casting a shadow, where I retreated to, and where the incident occurred. This is information I told the Public Defender to present to the court, not to the prosecution. I’m feeling betrayed. This information presents before the jury the facts of the case which show that I had done instinctively, everything required under Arkansas Code 5-2-607, in protecting myself against violent attack or threat of violent attack. The Prosecuting Attorney further uses the judge’s distraction at the bench, to prejudice the jury. The judge being distracted, the prosecutor says to the jury, “If it had been me with four people in my house, I would have shot all four of them,” as though to imply that you shouldn’t leave your house to keep from hurting someone, and “If she had died, he would be facing first degree murder”, as though to imply that his false prosecution, in some way, is doing me a favor. The prejudicial statements continue when the Prosecuting Attorney refers to an article he read in the newspaper this morning stating, "If someone points a gun at someone, and pulls the trigger, he intends to shoot. All of this was done without a single objection, to the court, from the Public Defender. I’m about to burst.THE CONFLICT OF INTEREST IS RUNNING LOOSE The court ends abruptly. It is incomprehensible to me, how the Public Defender did not, bludgenly, enter the credibility of JM into the court records. Her disgusting testimony is now before the jury, unabated. If I had known he would not challenge her credibility, especially on her use of drugs and the fact that she had skipped out on court ordered drug and alcohol rehabilitation, I would have planned to do it myself. I’m standing as a victim of putting too much trust in the Public Defender, and his instruction to keep quiet and let him handle the proceedings.It appears, to me, that he does not desire to defeat his employer, the State, in court, as shown by his lack of zealousness His actions are a token, just enough to satisfy the Right to Counsel requirement of the State Constitution and to preserve his next contract. My hopes, of being triumphant and being vindicated is beginning to dwindle, as a result of this conflict of interest.THE VERDICT IS RENDEREDThe verdict has been rendered. On the charge of first degree battery, “guilty with a sentence of five years in the Arkansas Department of Corrections and a fifteen thousand dollar fine” to the charge of felony with the use of a firearm “ guilty, with a five year sentence in the Arkansas Department of corrections to be run consecutive to the previous charge”.Breathtaking, Arkansas has a good self-defense law on paper; Arkansas Code 5-2-607. An over-zealous Prosecutor’s ego, though, has prevailed over an under-zealous Public Defender. Thus, the 95% conviction rate for the prosecutor and a 5% winning rate for Public Defender. 70%of the population of the State of Arkansas will be felons by the year 2020. If you are poor and live in Arkansas, the chances are 95% you will be found guilty, it doesn’t matter whether you are guilty or innocent. The penitentiary business needs bodies. Even with all the new prisons built, over the last twenty years, the prison business is still overcrowded and needs more space to keep up with," the lock them up and throw away the key", political mentality. The best and cheapest way to reduce the prison population is to release the innocent poor folks, and remove the conflict of interest from the courtroom. Can’t you just imagine someone running for Governor on this platform? After being manacled with handcuffs and readied to be ushered from the courtroom to the Cleveland County Jail, I was asked by the judge if I wished to appeal. I responded with a “yes” He then instructed me I had thirty days to do so.I'M OFF TO JAIL AGAINI am hurried off to the Cleveland County Jail, downstairs, and locked in solitary confinement. I, now, am the property of the State of Arkansas. I just don’t believe that Rison High School’s all- time scoring champion in basketball, the pioneer of integration in athletics is headed to the penitentiary for protecting his life from the danger of four dope-headed thugs, out to rob him of his guns, for the illegal gun trade, but, he is.Well, here I am in The Cleveland County Jail again. But, this time is different. I won’t be leaving for a while. How long I will be here? I don’t know. Nobody has said. I’m starting to sense that these people don’t consider me as being human any more. The cell is about 10ft X 20ft, enough room to exercise. It is fairly clean. The bed is a concrete block with a mat over it. I guess I will be getting a blanket and a sheet at some point. I have my own private shower and toilet.Well, I always wanted to write a book, but never had the subject matter to get much past my name and where I’m from. That’s starting to change.I asked the jailer for a pen and pad. I was surprised when he gave it to me. I figure, he knows I’m going to be around for a while and will need it.It is peaceful, right now, in solitary confinement. I’m sure that will change.THE TIME PASSES ONThe time passes on. I’ve been locked up In the Cleveland County Jail for over two months now. During which time, I could reflect from a positive standpoint on my educational background, my four kids, and many grandbabies, and the many good jobs I’ve had, including two tenures working for private contractors of the Department of Defense under confidential security clearances.On the other hand, meeting JM and DM has been trouble from the beginning, and throughout my knowing them. I’m thinking of two new cars they’ve stolen and totaled out. A handgun, one that is registered, to the State of Arkansas, stolen by JM and passed on to another cousin who is an illegal gun trader. The gun was legal for me to possess, since I had applied for and was issued a carry permit by the Arkansas State Police. These matters were all reported to the authorities. JM and DM have never been charged in these matters, including the robbery, at my home, of my .40 caliber pistol. I asked JM on one occasion, how she could do so many illegal things and get away with them? Her answer was “I know too much”. I ask myself, why I continued to have any kind of relationship with the two? I’m reminded that my desire to see them become educated and successful has blinded me to the many bad things they are doing. I had people on my side when I was their ages. But, the difference is, I was not at all involved in illegal activity.I NEED A LAWYER I’ve been trying to come up with five thousand dollars to hire a lawyer to file my appeal. But, to no avail.THERE IS CONFLICT OF INTEREST IN THE COURTROOMThere should be a pool that poor people can pay into for legal representation to satisfy the right to counsel of the United States and Arkansas State Constitutions in criminal matters, so the conflict of interest, as it now exists with the Public Defender as an employ of the State and representing the accused against the state, can be removed.IT'S TIME TO REFLECTWhere are all those people I’ve helped over the years? My visitors are few. How am I going to handle my personal business? My one friend came by to see me. It was more about my house which nobody lives in than about friendship. Another acquaintance came by to visit, I thought. But, It was more about my car which she wanted. Even another acquaintance came by. It was more about my laptop computer. Another acquaintance came to see me. She wanted me to marry her and adopt her young son so he can draw thirteen hundred and fifty dollars from my social security disability while I’m locked up. In the meantime she wanted my washer and drier, so she can wash her new boyfriend’s clothes, along with her two sons’ clothes, of course.Well, at least I will have my social security disability payment, each month, so I’m thinking. After all, that money is mine. I started paying taxes in 1966, over forty years ago.My bankruptcy is being handled by Dicks Law firm. They are paid up to date. They should really be working on my side since they took twenty eight hundred dollars out of the bankruptcy money instead of the sixteen hundred that was agreed to.WHAT DOES THE FUTURE HOLD?I have a ten year sentence, how can I make the best of it? I can record, daily, occurrences for later reference, maybe, even a book. Someone has to speak out against the atrocities that occur in the courts. Mayby public awareness can bring about a change in Arkansas courts. The verdict has been read. The worst is over.How can I inform the Arkansas Department of Correction that I am a college graduate, with over forty years of work experience, if they are interested? First, I will give a copy of my resume to the acting County Sheriff. He will be communicating with the ADC. Be prepared to present a copy of my resume at the Diagnostic Center in Malvern which is my next destination. I will find out later that the ADC is not at all interested in knowing anything about my college degree or work credentials. Only, whether or not, I finished high school.The days are quite long here in solitary confinement. I will develop an exercise routine which will serve as a pastime as well as a means of building my body, or keeping my body from deteriorating, nothing too strenuous, since I have a stint in my chest.There is no clock that can be seen. The body has its own clock as it turns out. It tell when it’s ready to sleep, meditate, write, exercise, eat and think. At 4:00 AM to 5:00 AM the mind becomes wide open to deep thought. It is repetitive.I can’t imagine being locked up and not having a relationship with prayer. The so-called friend stops at the jail door. But, prayer has no barriers. The cells are about 20 ft. long, good enough for back and forth pacing. I do at least one half to one mile daily. My aerobics helps to reduce the pressure I have in my chest. My feet exercise helps me prevent the numbness and stiffness in my feet from diabetes. I am developing a yoga routine. I’ve been told that everybody’s yoga routine should be specific to each individual.I'M NOT THE ONLY VICTIM OF THE RIGHT TO A SPEEDY TRIAL LAW VIOLATION.The issue of the constitutional right to a speedy Court trial became an issue of many inmates being incarcerated at the Cleveland County Jail. My cell is located right up front of the other holding areas. It is easy to hear, but not see, the day to day goings on of the jail. Somebody, somehow, was able to do a computer search of speedy trial dates and placed the findings, for many, on Facebook. The bad politics is out of the many whose constitutional right of a speedy trial has been violated. The Arkansas State Supreme Court has no other choice but to release the many illegally prosecuted individuals. Corruption, on the part of the Prosecutor, in not bringing criminality before trial within the required time, is in the public domain. Many who were illegally prosecuted were released. Eight out of ten to be exact from the Cleveland County Jail, alone, and fifty from District 13. Big business was secretly at work.I was not released. The two continuances requested by the Public Defender to aid the prosecution, brought the time line for my right to a speedy trial in question. My court day was sixteen months from the arrest date of the alleged crime. The right to a speedy trial law requires that your case is brought before a court of law within one year. Continuances on the part of the defense does not count toward that one year requirement. The prosecutor has no time to be gained through requesting a continuance, the Public Defender did it for him, depriving me of my United States and State of Arkansas constitutional rights.THE ARKANSAS DEPARTMENT OFCORRECTION HAS FOUND A SPOT JUST FOR MEOn Wednesday the transfer to the Arkansas Department of Correction, Diagnostic Unit, at Malvern is to occur. I am still hopeful that the Supreme Court of Arkansas, somehow will see that my right to a speedy trial has been violated and or my innocence of the conviction of first degree battery will be seen.I have arrived at the Intake Facility at Malvern, Ark. It is a very large facility, but, not yet complete. There are many vehicles parked waiting to unload the many convicted of criminal offenses and many innocents, I'm sure.We are all processes in. First, by removing our clothes to have a gender check and to put on prison clothes. I then completed paperwork to handle personals in case something were to happen to me. I went through a lice removing solution and was given a haircut and allowed to shave. Next a prison ID was made. I then proceeded to orientation with an explanation of my conviction and the amount of time I should expect to serve before I am eligible for parole. I am given two sandwiches to eat.I am led to medical, questioned about my current medical condition and given an eye and dental examination. A TB test was initiated. I was then moved to a maximum security unit, where I stayed for five days. Each inmate has his individual cell, are fed three times a day, through a slot in the door, and provided the necessary toiletries, sheets and a blanket.There were many others being released because of the corruption of prosecutors violating the rights of individuals; right to a speedy trial. It seems as though prosecutors around then state don't take the constitutional rights of the criminally accused as nothing more than a grain of salt. Well, they don't have a serious watchdog over them. They police themselves. It is the computer and savvy individual who unveiled this, and placed it on Facebook. Otherwise nothing would have been done about these injustices done to the criminally accused entering the system at the time I'm entering. I shudder to think about all those who are already in the Arkansas Department of Correction which nobody has the gumption to attempt to correct. It seems that no politician cares about the high felon count among the citizens of the State of Arkansas. Realizing that prison concerns get you defeated come election time. Felons don't vote. The inalienable rights of life liberty and pursuit of happiness, afforded by the declaration of independence and the United States Constitution are thrown out the window with a corrupt team of a Prosecuting Attorney and Public Defender. It is epidemic. I'M MOVING ON.The time to leave the Diagnostic Facility draws near. I have not so much as been hinted to as to where my next destination will be. I'm still not really believing, that somehow, someone will see my innocence and or my constitutional right to a speedy trial has been violated and the charges against me should be dropped. Somehow, someone will uphold the letter of law.I WOULD HAVE BEEN BETTER OFF WITHOUT THISI get a visit from DR. She is an acquaintance from my home town. She apparently is a high up in the Department of Corrections to be able to come back to where I'm being housed. Maybe she is bringing me some good news. It turns out she brings no good news. I thought I could hug her for coming to see me. She responded by saying "you can't touch me" I'm thinking ,your visit is not for my sake, but, for your sake, just to be able to tell your homies you came to visit. Her visit was to clear her conscious, not to benefit me. It reminds me of many people who go to funerals to give, someone they know, their last respects since they are now dead. But, has done absolutely nothing for that person while they were alive. I thought that kind of behavior left American culture when people became educated. Even lower animals will visit the dead. Well, so be it. I could have done without this.I'M MOVING AGAINIt is the early morning of the day everyone in the barracks will be moved, starting with those who will be released due to Prosecuting Attorney Corruption, the violation of an individual’s right to a speedy trial. Individuals going to other units are being identified. I'm starting now to realize that I am going to an Arkansas Department of Correction unit, but, which? The last of the inmates going to Wrightsville have been identified. All that is left are Cummins transfers and just a few who have not completely been identified to be released because their right to a speedy trial was caused by the state of Arkansas and the question of constitutionality arose. There will be an additional two months incarceration, for those inmates, at the Malvern facility until that question has been answered.My cell is finally identified for transfer to the Cummins Unit at Grady, Arkansas I'M HEADING TO THE CUMMINS UNITWe've all been fed and are moved to a holding cell to await our transfer. Next to my holding cell was another holding cell full of boot-campers headed for the Varner Unit, which is located next to the Cummins Unit. We are all loaded, two by two, handcuffed together, bus onto a bus.Our trip of about one and one half hours was a relatively quiet one.The bus pulls into the security sally port at the Varner Unit and drops off the boot-campers. From there, the rest of youths were taken to the security sally port of the Cummins Unit, just across the way, where I and the rest of the inmates were uncuffed and unloaded. Then, we were escorted to another holding area to await the issuance of clothing.I am assigned barracks 8A, rack 29 to lodge and assigned the garment factory to work.When my turn comes around to enter the clothing room, I am issued a blanket, two sheets, a pillow, a pillow case, two pairs of boxer shorts, two pairs of socks, a coat, a pair of canvass shoes and a pair of Brogans; which is the brand name for the high topped shoes.Well, here I am. The rack #29 does not have a mat on it. I'm looking at nothing but solid steel, when a very tall fellow approached telling me to just take a mat from rack #27, nobody is using it. So, I did. I made up my bed with sheets, pillow and blanket and laid down. I wasn't in much of a mood to go to sleep. People did not look friendly. Most of them would not have anything to say to me. It is a strange place and I'm having strange feelings about being here.The occupant of rack #28 finally comes in. To my surprise, he was very friendly, having questions about me and what my inmate job would be. AS it turns out, he and I both would be working at the garment factory. I come to find out, there are several other inmates whose jobs are at the garment factory. All were helpful toward getting me started in my prison lifeI'M GOING BACK TO HIGH SCHOOL, LIKE IT OR NOTI stayed in barracks #8A for about thirty days, afterwards, I was transferred to barracks #19, where one day I receive a letter stating I had to attend GED school sense my high school hadn't confirmed my completion of high school. I'm flattered, back to high school again. I said to myself, my daughters will get a good laugh out of this. I stayed in barracks #19 for another thirty days until about the time for the GED examination, for my second high school diploma. I had told these people that I am a college graduate with a Bachelor of Science degree, with a major in mathematics. They were only interested in whether my high school has confirmed that I had completed high school.I was transferred to the mod building, barracks #5 and given a new job working at cold storage, which is a cool name for a slaughter house. We killed everything that entered that building except humans, hogs of all ages and sizes and beef of all ages and sizes. We made pure hamburger and soy hamburger. Soon after I moved to the mod barracks, I took the GED examination and passed it for my second high school diploma, to go along with my first high school diploma and my Bachelor of Science degree. I'm as proud of my second high school diploma as I was of the first.ADJUSTING TO PRISON LIFE I'm starting to realize that what an inmate says doesn't amount to hill of beans in the Arkansas Department of Corrections. So, I started doing like most everyone else has been doing. I keep my mouth shut. There were inmates in the mod building of all ages. It got noisy at times. The food was nutritious, but, someone had to deliberately make food taste that bad. I learned early on that the most reliable means of communication with the outside is the US Postal Service, and for business the notary service. The telephone is not reliable because it requires someone to put money into your telephone account. When you have a choice of talking on the telephone and buying ice cream from the commissary, I chose the ice cream.THE CONFLICT OF INTEREST WILL CONTINUE AND THERE IS NOTHING I CAN DO ABOUT IT. IT IS PART OF GOVERNMENTWhile still at the Cummins unit, I got a letter from the same Public Defender stating that he had been appointed by the judge of District 13, to represent me in my appeal of my conviction before the Arkansas Court of Appeals. I was terrified to know this. Now my last hope of getting the real gist of my case before the Arkansas Supreme Court may be going up in smoke, there has to be some kind of relief.Being as na?ve as I am and unlearned about the law, I will write the State attorney General's office for advice. He's an elected official and supposed to represent all the people of the state, I'm thinking, not knowing that the State Attorney General now is your worst nemesis, in this matter against the State, even more so than the Prosecuting Attorney at this point. I'm wondering, how did I get on the bad guy side of things? My letter to the State Attorney General goes. These truthful statements; my constitution right to a speedy trial has been violated by the actions of both the Public Defender and the Prosecuting Attorney handling my case. Thusly, from my arrest to my trial was fifteen months and beyond the twelve month limit required by law. There were several continuances requested by the Public Defender on the behalf of the defense, not to my knowledge and consent which were really to support the availability of the prosecutions primary witness which had been in court ordered drug and alcohol rehabilitation but had skipped out. This witness, the accusing, was allowed to testify in court while in violation of a court order by both the Prosecuting Attorney and the Public Defender and not objected to by the Public Defender or at least her credibility having been questioned, by the Public Defender."The Attorney General’s Office forwarded my information to the Public Defender and that was the end of that. Now I'm starting to get it.How can the same Public Defender do my case justice before the Appeals Court of the State of Arkansas, when he is part of the problem? How can I get him off my case?I get a copy of the appeal that the Public Defender has already filed in the Arkansas Court of Appeals from the Cleveland County Circuit Court. Just as I thought, the appeal covers none of the issues I've mentioned about the injustices involving this case which the Public Defender was an active participant. The most startling omission of all, was that there was no mention in the appeal of Arkansas code 5-2-607 which states that a person is justified in using deadly force upon another if he reasonably believes that the other person is imminently endangering a person's life.I wrote a letter to the Criminal Justice Coordinator of the Arkansas Court of Appeals explaining my situation. I was informed by the Criminal Justice Coordinator that a "Pro Se Motion" would need to be submitted to the court in order for me to file a supplement to the appeal filed by the Public Defender. I submitted the Pro Se Motion as instructed. My motion was denied without reason.Well, now what can I do but wait on the decision of the court. Just as I feared. The court confirms the lower court’s decision. With a statement about an unarmed individual. What I had feared about the false statement made about JM's intentions on the night of the incident has come to fruition, especially the statement made by JM "I went down the road to calm him down" when in fact she and Dm said they are going to fuck me up. The issue of JM's credibility not being brought into this case has given me no hopes of being vindicated in this case.I have learned a lot from this whole matter about the criminal justice system, the letter of the law, a Prosecutor, a Public Defender and poverty. If you don't have the money to hire a lawyer, who doesn't pose a conflict of interest, borrow it. One crucial issue not presented in a court of law can determine whether you are found guilty or innocent. The court makes decisions on what is presented to it.Don't be a part of the 95% who are locked up, many because they don't have money, thinking that justice is automatic.The Public Defender is there only because the United States and the Arkansas State Constitutions require it. There is nothing in either that requires the Public Defender to zealously defend the criminally accused. His job is to plea bargain and to keep anything out of court record which will dispute the 95% conviction rate on the part of the State.HOW TO HANDLE FINANCIALSWhile at the Cummins Unit, I learned that I could transfer money from my personal banking account to my inmate account by sending a notarized request to my bank and giving them directions. My inmate account funds always stayed low, since only one person who sent me money. So, I decided to have some money transferred, for commissary purchases, from my personal checking account. To my surprise, my account has been overdrawn. How can this be? Further inquiry reveals that BB, my friend’s thirty five year old son, has forged five checks on my account leaving me with a negative balance. I had the bank to forward me copies of the forged checks. There were five of them. I sent a notarized statement to the Cleveland County Sheriff, via my bank, stating what had occurred so the matter could be straighten out.ANY SUBSTANCE ABUSE ISSUE SHOULD BE ADDRESSED NOWSince I left the Diagnostic Unit at Malvern, the issue of whether a substance abuse issue would eventually be an issue of concern during my parole hearing. So, I decided, just to be safe, to request consideration to be included in a substance abuse program. From making that request, I knew I would be transferred from the Cummins Unit, I just didn’t know when. The moment has arrived for me to be transferred. No one will tell me definitely where I'm going. I am in the transfer vehicle to the Tucker Unit at Tucker Arkansas to enroll in a substance abuse treatment program. I arrive at the Tucker Unit on a Friday afternoon. I received some clothing and was placed in barracks 8A. I met many of the inmates there. My rack was in a room with another inmate. I had the bottom rack, he had the top. I am part of the Tucker Therapeutic Community. I spent the entire weekend getting familiar with the program, including getting signed in by an inmate who had been locked up for nearly thirty years. He was prosecuted on a stacked deal, just like me. The Prosecuting Attorney and the Public Defender both working for the state.SHE’S A COUSIN OF MINEOn Monday morning, I was called into the counselor's office for further interviews. After enrolling in the program, I notice this woman who was a counselor of the treatment program who looked familiar. She was a cousin of mine. I mentioned this to my cell mate. I was quickly removed from barracks 8A to barrack 7A on Monday. Another inmate in barracks 7A asked me about my relationship with the counselor and her children with which he had grown up with. Needless to say, after three days, I was on the transfer bus to the Wrightsville Unit at Wrightsville, Arkansas, where I am to remain. MY LIFE AT THE WRIGHTSVILL UNITMy life at the Wrightsville Unit begins with my being assigned to barracks #13, awaiting classification on Tuesday when I am informed I have been placed in barracks 15 and enrolled in the substance abuse program. The community has a book of rules which must be adhered to, a court, and everybody can participate verbally and in writing. The problem is that all goings on are based on the reverse of a democracy which is "you are guilty until proven innocent". This sounds like the Prosecuting Attorney and Public Defender duo. I soon realized that this place and program was not for me. The program was focused more toward chemical use and abuse rather than alcoholism. I've never used chemicals. This nine months will be a waste of time. It's too late now, the Arkansas Department of Correction will not listen to an inmate at this point.There are fifty inmates housed in this open barracks, not including the counselors. The program is well structured with many treatment and training tools. The hope is that the men can learn self-control which will lead to self-esteem which will ultimately lead to improved values and beliefs other than what lead them to prison in first place. This is, all, supposed to take place in a safe environment. All inmates are also required to have an institutional job to perform each day. One of the training tools used in the program is confronting, which involves approaching someone in the barracks community whenever they do something in violation of barracks rules and bring them before the court. This is designed to help a client to be able to handle adverse situation when they are released. This program may work well when you are dealing with sane and emotionally stable individuals. Everybody is forced to participate. The program is designed to remove who you are and replace it with the techniques presented in the Client Handbook.Hallucinating and other drugs use to be secured information. Now in the Therapeutic Community, that information is part of treatment. The clients in a penal facility are becoming super intelligent dope pushers and users, thanks to the Arkansas Department of Correction. How can this be acceptable? There has to be money involved. The last thing an already slick pusher needs is more smarts on how to be a pusher. Take me for example, when entering the therapeutic community, the only drug I used was alcohol. I knew a little about marijuana even though I was not a user. Now, I am familiar with a whole host of illegal drugs, who makes and sells them. The Therapeutic Community is a drug producer's classroom. The technique of confronting can be dangerous, when an insane person gets involved, as what happened to me. One morning we had been involved in a training session when this mentally unstable individual, in his delusion, got up, before the group to confront me and two other individuals about gossip going on about him. It was getting close to the end of the scheduled session for the day. So, this client's business was put on hold until another appropriate session. When that session came about, I and another individual had gotten back to the training area and was sitting there waiting for the next session to begin, when this deranged individual walks in, attacks the other guy in the training area, then proceeds to attack me knocking me unconscious, putting us both in the infirmary. It's believed that I had suffered a light stroke after my having subsequent episodes of dizziness and fainting.MY HEART CONDITION WORSENSAfter several more months of this treatment program, my heart condition steadily got worse to the point where stints are needed. After the stints surgery, it was determined that I needed bypass surgery. It is now the Monday morning of my scheduled heart surgery. I've been instructed to take all my possessions and proceed to the sally port. The day I knew would come has arrived. There is no turning back now. I am confident that the triple bypass surgery is needed and the Heart Hospital is a good hospital to have it done.As I arrived at the heart hospital, they are ready for me. I am immediately dressed into my hospital attire. Then off to be prepped for surgery. The shaving of my body begins as the anesthesiologist inters the room. After that, I don't remember much except the specialists looking for blood vessels. The procedure was scheduled for four hours. I don't remember waking up. I can remember the pain from all over my chest, though.MY HEART SURGERY IS OVERI spent four days at the Heart Hospital, recovering, before being transferred to the Malvern Diagnostic Unit of the Arkansas Department of Correction for the continuation of my recovery.I spent four days at Malvern before being transferred back to the infirmary at the Wrightsville Unit.After spending eight days in the Wrightsville Infirmary, I was assigned back to barracks #15 overnight when it was determined that my health was too bad to continue in the Therapeutic Program. I was then moved to barracks # 1 to continue my recovery. Leaving the Therapeutic Program was a blessing.IT’S PAROLE BOARD TIMEI have been notified that my long awaited appearance before the parole board has come. It is scheduled for December 19, 2014. I don't know just what to expect. I'm picturing a big table lined with, eight to ten, parole officers just waiting to throw own on me, a one year denial due to my violent charges. I am surprised to find only one Commissioner from the Parole Board and a person recording the proceeding. The politics, of late, for violent crime offenders, in this state, has changed due to overcrowding. The Prosecuting Attorney and Public Defender has saturated the process with many innocent Arkansans. The new prisons have already been filled to capacity, "locking them up and throwing away the key" only produces parole violators. I am interviewed for about twenty minutes, about whatever I wanted to talk about. The parole board made the decision to release me on December 23, 2013. I was notified on December 26, 2013 of that decision, which is contingent on my submitting an approved parole plan. That's simple enough.I RECEIVED THE TRANSFER PAPERThe instruction on the transfer paper from the parole board says I am to contact Institutional Parole Officer If I have any questions. I did have some concerns. So I visited the Institutional Parole Officer's office to inquire about the status of my original parole plan that was filed in November of 2013. I was informed that plan had been denied. So now what do I do? This plan included my neighbor, for convenience, to moving back to my house. I'm still thinking that starting my social security payments will be immediate upon my release and I should be entitled to back pay. That way I can move back into my own house with a little work. I sent the Social Security Administration a letter requesting information about my social security disability payments, which had been cut off soon after I was incarcerated. I was informed that it will be six to eight weeks after I'm released before benefits will resume, and there will be no back pay. That doesn't make me feel too good after paying social security taxes for over forty five yearsIt is now mid-February and freezing cold outside. The early kick-out will start soon. I don't want the lack of an approved parole plan to keep me from being released early. But then, I decided to defer my plans for my original release date of June 6, 2014. It is too cold to be in my big house out in the country, this time of the year, with no utilities on and no money to have them turned on. I will send another parole plan, closer to my original release date, when it is warm. After all I get three free meals in hear daily, free medical and a roof over my head, what is the hurry? Why leave this? I see now how it is, that some inmates who served all their time of incarceration, including their parole time, have to be kicked out of The Arkansas Department of Correction. They are told, "I don't know where you are going, but you are leaving here". WHY LEAVE THIS?A perfect situation for recidivism. Commit another crime or parole violation will land an inmate back in prison with free housing, food, medical care, dental, schooling, TV, gym, and library.I bet the innocent Arkansans can relax a bit now. There is no place for the corrupt Prosecuting Attorney and Public Defender to justify finding the innocent accused guilty any more. This big business has become saturated.The first of March, 2014 has arrived. There have been inmates released but not me. I've not submitted another parole plan yet with the name of a relative as sponsor. To my own surprise, I'm in no hurry to get out. Plus, I just got a hearing from the Federal District Court on another matter. I need to focus on that matter while I'm still on the inside. A bench trial in that matter is set for December, 2014.April has now come and gone. I figured it was time for me to contact the Institutional Parole Officer to find out why my original parole plan was denied, so I can prepare another plan, so I won't make the same mistake again. The response is my original parole plan has been approved. My release date is some time around June 6, 2014. I'm thinking, Why the change? Big business can't afford me anymore?I'm not sure I want to be released just now. I have a Civil Rights case to prosecute in Federal District Court. It is easier and cheaper to do locked up. Do you suppose that fact had something to with my suddenly approved plan for my release? There are no checks and balances.Decisions are made on the dollar bill, not on any concern for human life or welfare. I've found out, through all of this, that the State of Arkansas does not afford human rights of the criminally convicted as being of any value at all. But, I still love my home. I just heard recently that it is projected that 70% of Arkansans will be felons by the year 2020. Recently there were Kids being given a tour of the Wrightsville Unit and the Tucker Unit. There was a lot of them. Do you know that for every 10 of those kids who toured these facilities, seven will be locked up as a felon, just for staying in this state, guilty or innocent and all of it can be attributed to the conflict of interest which exist in the state's criminal justice system.I WON'T BE GETTING MY DISABILITY SUPPORT SOON AFTER MY RELEASEDI've finally heard back from the Social Security Administration about my benefits. I won't be getting payments started immediately upon my release and I won't be getting back pay for the period of my incarceration. When I'm released, around June 6, 2014, I won't qualify for any benefits for the month of June. I will start qualifying for benefits in the month of July for a payment to come the second week in August, 2014. A bit too long to have to depend on Annie Mae and my original parole plan. I must submit another parole plan to include my two daughters.I'M RELEASEDIt is the early morning of June 6, 2014. I am told by the barracks officer to pack my stuff, I'm leaving today. That is a bit of a surprise, I haven't heard back about my second parole plan that included my relatives. As I read my release paper handed to me by the Institutional Parole Officer, the name of the sponsor as I showed on my original parole plan was on it. My second parole plan has not been approved. So, I'm being release to Annie Mae. I was told by another inmate to be quite you can correct where you stay after you get out.As soon as I'm released, I went to the Parole Officer's office in my home town to report.I then went to withdraw some money from the bank using my state issued debit card, with my one hundred dollars that, supposedly, is in the account. Low and behold, there is no money on the state issued bank card. I have a negative balance of fifty cents. What a way to start freedom. ------------------------- ................
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