Friend wrongfully incarcerated

kstahley · #1 05-04-2006, 07:06 PM

I became aware of the reality of "the matrix" about 4 months ago after talking to my friend who is in prison. He has applied some of the UCC stuff already, which I have been advised is useless. I have also been advised to pursue Ticket Slayer to attempt to get him released. I e-mailed the people at Ticket Slayer and have gotten no response. Does anybody know how their material would apply to this situation? He has been in prison for three years already and he has 3 teenage boys that really need him home.

I have read most of the material on this site regarding Ticket Slayer. It just seems to deal with traffic infractions.

Thank you in advance for your help!

charlesa6 · #2 05-04-2006, 07:07 PM

kstahley, welcome to the forum.

charlesa6 · #3 05-04-2006, 07:19 PM

Quote:

Originally Posted by kstahley

I became aware of the reality of "the matrix" about 4 months ago after talking to my friend who is in prison. He has applied some of the UCC stuff already, which I have been advised is useless. I have also been advised to pursue Ticket Slayer to attempt to get him released. I e-mailed the people at Ticket Slayer and have gotten no response. Does anybody know how their material would apply to this situation? He has been in prison for three years already and he has 3 teenage boys that really need him home.

I have read most of the material on this site regarding Ticket Slayer. It just seems to deal with traffic infractions.

Thank you in advance for your help!

What is the charge?
You have to be more specific for member's to put you in the right directions.

RICKO · #4 05-04-2006, 07:27 PM

I agree with charlesa6, you have to be a little more specific and please hurry with the info, we would love to help you and again welcome to the forum

kstahley · #5 05-04-2006, 07:37 PM

He was charged with molestation. He plea bargained because he was told [by whom, I am not sure] that the judge was not going to let his evidence in the courtroom. This is in Michigan. He claims that his evidence includes a doctor's report, a psychiatrist's report and reports from the girl's teachers and guidance counselors. Apparently there is a law in Michigan that was intended to protect victims by removing evidence that the judge deems to be harmful to the victim. How could a doctor's report be harmful to the victim?

When he was told that his evidence was not going to be allowed in court, he got scared and signed the plea bargain. He recieced 18mo. to 15 yrs. He would have faced 15yrs to life if it went to court and he lost. (Very likely with no evidence) There was no evidence on the side of the accuser. . . only heresay.

I hope that this makes sense. . . I am new to this.

BOBT12 · #6 05-04-2006, 08:13 PM

Welcome to the forum kstahley.

Quote:

Originally Posted by kstahley

He was charged with molestation. He plea bargained because he was told [by whom, I am not sure] that the judge was not going to let his evidence in the courtroom.

Once, your friend made that plea bargain, I think that the Ticket Slayer documents became useless. These document deal with personal jurisdiction, they attempt to prevent the court from gaining jurisdiction. However, there are others that know much more about Ticket Slayer, perhaps they will chime in.

Here is a very good documentary on the topic:

Quote:

The Plea
Written Produced and directed by Ofra Bikel

For Frontline
June 17, 2004

VHS $29.98
DVD $29.98
Plus S&H
1-800-PLAY-PBS 800-752-9729

Nearly 95% of all cases resulting in felony conviction never reach jury trial...

http://www.pbs.org/wgbh/pages/frontline/shows/plea/

WWw.pbs.org

Frontline@pbs.org

DEAR FRONTLINE
125 WESTERN AVENUE
BOSTON, MA 02134

Courts like plea bargains, because it saves time and effort. Once a guily plea is entered, there is no need for a trial. However, the innocent are often coerced into these agreements.

Quote:

Originally Posted by weishaupt1776

There are no other issues before the court, and you need to bring the judge back to these issues in that order if he wants to discuss other issues.

http://www.suijuris.net/forum/servic...t=jurisdiction

Quote:

Originally Posted by kstahley

This is in Michigan. He claims that his evidence includes a doctor's report, a psychiatrist's report and reports from the girl's teachers and guidance counselors. Apparently there is a law in Michigan that was intended to protect victims by removing evidence that the judge deems to be harmful to the victim. How could a doctor's report be harmful to the victim?

When he was told that his evidence was not going to be allowed in court, he got scared and signed the plea bargain. He recieced 18mo. to 15 yrs. He would have faced 15yrs to life if it went to court and he lost. (Very likely with no evidence) There was no evidence on the side of the accuser. . . only heresay.

I hope that this makes sense. . . I am new to this.

Has your friend considered an appeal?

Was he represented by an attorney? If so, why didn't the attorney object to what the judge was suggesting?

kstahley · #7 05-04-2006, 08:23 PM

He was represented by a public defender. She seemed to be of little help. There is a stigma that goes with this crime. As soon as a man is accused, he has an uphill climb to shake the monkey off his back. I feel very strongly that he is innocent due to the evidence that he had.

Does anybody know if it is possible for me to access any information (ie. evidence) from his case? Is this available under Freedom of Information Act?

I do not know that an appeal is possible b/c of his plea bargain.

BOBT12 · #8 05-04-2006, 09:03 PM

Quote:

Originally Posted by kstahley

He was represented by a public defender. She seemed to be of little help.

Yeah, this is not a surprise. Attorneys and the courts are dangerous to ones freedom, in general. Public defenders are often overworked, poorly paid, and poorly motivated, its not their can on the line.

Quote:

Originally Posted by kstahley

There is a stigma that goes with this crime. As soon as a man is accused, he has an uphill climb to shake the monkey off his back. I feel very strongly that he is innocent due to the evidence that he had.

Make sure that he (you) keeps the evidence handy. You may need to do most of the work on this yourself. You may want to check the state constitution, rules of criminal, and judical procedure. Try to look up information on appeals, see what rule the judge was talking about, etc.

You may be able to find this information online, or try the link(s) below:

http://www.lexisnexis.com/

http://lp.findlaw.com/

Quote:

Originally Posted by kstahley

Does anybody know if it is possible for me to access any information (ie. evidence) from his case?

Since there is a plea agreement, I am not sure what evidence will be on the record. However, you may want to go to the courthouse to find what you are looking for. Of course your friend may have some of the information that you will need, he can testify regarding what happened.

Quote:

Originally Posted by kstahley

Is this available under Freedom of Information Act?

I am not too familiar with this, however, I think that this is for federal information.

Quote:

Originally Posted by kstahley

I do not know that an appeal is possible b/c of his plea bargain.

Check the information I have provided, talk to your friend, ask around. It may be difficult, because generally the plea bargain is similar to an admission of guilt. It seems that you will need to show that your friend's rights were violated, such as being denied due process, by not being given a chance to present evidence, and/or lied to, poor legal representation, etc.

More info:

http://www.constitution.org/bouv/bouvier.htm

http://www.answers.com/main/ntquery?... urtab=2083_1

kstahley · #9 05-05-2006, 01:27 PM

Does the following [in bold print] mean that he has the ability to apeal if they grant permission? This is from the Michigan Court Rules.

Rule 6.302 Pleas of Guilty and Nolo Contendere

(A) Plea Requirements. The court may not accept a plea of guilty or nolo contendere unless it is convinced that the plea is understanding, voluntary, and accurate. Before accepting a plea of guilty or nolo contendere, the court must place the defendant or defendants under oath and personally carry out subrules (B)-(E).

(B) An Understanding Plea. Speaking directly to the defendant or defendants, the court must advise the defendant or defendants of the following and determine that each defendant understands:

(1) the name of the offense to which the defendant is pleading; the court is not obliged to explain the elements of the offense, or possible defenses;

(2) the maximum possible prison sentence for the offense and any mandatory minimum sentence required by law;

(3) if the plea is accepted, the defendant will not have a trial of any kind, and so gives up the rights the defendant would have at a trial, including the right:

(a) to be tried by a jury;

(b) to be presumed innocent until proved guilty;

(c) to have the prosecutor prove beyond a reasonable doubt that the defendant is guilty;

(d) to have the witnesses against the defendant appear at the trial;

(e) to question the witnesses against the defendant;

(f) to have the court order any witnesses the defendant has for the defense to appear at the trial;

(g) to remain silent during the trial;

(h) to not have that silence used against the defendant; and

(i) to testify at the trial if the defendant wants to testify.

(4) if the plea is accepted, the defendant will be giving up any claim that the plea was the result of promises or threats that were not disclosed to the court at the plea proceeding, or that it was not the defendant's own choice to enter the plea;

(5) any appeal from the conviction and sentence pursuant to the plea will be by application for leave to appeal and not by right;

The requirements of subrules (B)(3) and (B)(5) may be satisfied by a writing on a form approved by the State Court Administrative Office. If a court uses a writing, the court shall address the defendant and obtain from the defendant orally on the record a statement that the rights were read and understood and a waiver of those rights. The waiver may be obtained without repeating the individual rights.

BOBT12 · #10 05-05-2006, 06:27 PM

Quote:

Originally Posted by kstahley

Does the following [in bold print] mean that he has the ability to apeal if they grant permission? This is from the Michigan Court Rules.

[...] (5) any appeal from the conviction and sentence pursuant to the plea will be by application for leave to appeal and not by right;

Of course, this not legal advice of any kind. However, I agree with your impression, it seems that your friend can only apeal if the court allows him to do so.

Quote:

Originally Posted by kstahley

The requirements of subrules (B)(3) and (B)(5) may be satisfied by a writing on a form approved by the State Court Administrative Office. If a court uses a writing, the court shall address the defendant and obtain from the defendant orally on the record a statement that the rights were read and understood and a waiver of those rights. The waiver may be obtained without repeating the individual rights.

And these appear to be the rules that must be followed.

I wish there was better news. Maybe some of the other members can add something more.