Recent Experiences With the State Courts
About 30 years ago a man, drunk, with a history of assault and battery, attacked me with a ketch-up bottle. He was trying to kill me just for the hell of it and struck me on the back of my head with that bottle. I had done nothing to provoke him, either. He was just drunk and out of control.
Since I had just gotten out of the U.S. Army I was a little "hardened" from an enormous variety of physical and emotional hardships. Instead of going un-conscious, a more normal reaction, I immediately turned around and shot him.
When the police had arrived, I soon discovered, they personally knew the man who had attacked me by his first and last name. They looked at me and said, "Jesus Christ, man, was that gun really loaded."
Several eye-witnesses told the investigating police officers I had been defending myself from a man who had assaulted me. However, in spite of that man's history of arrests for assault and battery and the evidence, they arrested me for: "Assault with the intent to commit murder", "assault and battery with a dangerous weapon" and "an unlawful discharge of a firearm within 500 feet of a dwelling in use" (a fish and game regulation).
Later, when the police discovered they made a mistake by arresting the wrong person, they panicked and began to falsify evidence against me to support their charge of "assault with the intent to commit murder."
But I was far too strong to break down under the pressure and had refused to confess or to plead guilty to lessor charges. During a period of 21 months I went through 5 separate attorneys, each one inadequate in his own way. Two of them actively participated in a criminal conspiracy with the criminal prosecutor to manipulate me to plead guilty to lessor charges in order to protect the arresting police officers from civil and criminal liability.
However, I refused to co-operate with them. Two of them tried to feed me false information on law and rules of practice and procedure in order to intimidate me into submission and to manipulate me into a more agreeable position for the prosecutor.
In American law, if the criminal prosecutor fails to prosecute the defendant within a period of two years, the judge must automatically dismiss the charges against the defendant. In this instance, when I hired my fifth and last attorney, it became immediately obvious he was working for the criminal prosecutor -- not for me!
He demanded that I plead guilty before the judge and ask for mercy. He said it was "rather obvious" I was guilty. With 21 months of experience with the criminal judiciary system, the prosecutor, the judge, arresting police officers and four different attorneys, I perceived him as a fraud working for the opposing side.
Without the slightest hesitation, I called him a massive failure as a man; accused him of conspiracy with the criminal prosecutor and demanded he either commit suicide or seek psychiatric treatment. His whole body shook from my rhetorical response. He clearly wasn't accustom to anyone speaking to him in this way. Too bad!
Surprised by my powerful reaction, he got up from his chair and angrily walked out of the conference room. I noticed, at the same time, the woman who had been taking notes, had stopped taking notes of our conversation immediately after I verbally attacked my attorney for fraud and conspiracy.
One hour later, while still sitting in the attorney's conference room, my attorney returned and told me, after consultation with the criminal prosecutor, a decision was made to dismiss the charges against me.
Since I had just gotten out of the U.S. Army I was a little "hardened" from an enormous variety of physical and emotional hardships. Instead of going un-conscious, a more normal reaction, I immediately turned around and shot him.
When the police had arrived, I soon discovered, they personally knew the man who had attacked me by his first and last name. They looked at me and said, "Jesus Christ, man, was that gun really loaded."
Several eye-witnesses told the investigating police officers I had been defending myself from a man who had assaulted me. However, in spite of that man's history of arrests for assault and battery and the evidence, they arrested me for: "Assault with the intent to commit murder", "assault and battery with a dangerous weapon" and "an unlawful discharge of a firearm within 500 feet of a dwelling in use" (a fish and game regulation).
Later, when the police discovered they made a mistake by arresting the wrong person, they panicked and began to falsify evidence against me to support their charge of "assault with the intent to commit murder."
But I was far too strong to break down under the pressure and had refused to confess or to plead guilty to lessor charges. During a period of 21 months I went through 5 separate attorneys, each one inadequate in his own way. Two of them actively participated in a criminal conspiracy with the criminal prosecutor to manipulate me to plead guilty to lessor charges in order to protect the arresting police officers from civil and criminal liability.
However, I refused to co-operate with them. Two of them tried to feed me false information on law and rules of practice and procedure in order to intimidate me into submission and to manipulate me into a more agreeable position for the prosecutor.
In American law, if the criminal prosecutor fails to prosecute the defendant within a period of two years, the judge must automatically dismiss the charges against the defendant. In this instance, when I hired my fifth and last attorney, it became immediately obvious he was working for the criminal prosecutor -- not for me!
He demanded that I plead guilty before the judge and ask for mercy. He said it was "rather obvious" I was guilty. With 21 months of experience with the criminal judiciary system, the prosecutor, the judge, arresting police officers and four different attorneys, I perceived him as a fraud working for the opposing side.
Without the slightest hesitation, I called him a massive failure as a man; accused him of conspiracy with the criminal prosecutor and demanded he either commit suicide or seek psychiatric treatment. His whole body shook from my rhetorical response. He clearly wasn't accustom to anyone speaking to him in this way. Too bad!
Surprised by my powerful reaction, he got up from his chair and angrily walked out of the conference room. I noticed, at the same time, the woman who had been taking notes, had stopped taking notes of our conversation immediately after I verbally attacked my attorney for fraud and conspiracy.
One hour later, while still sitting in the attorney's conference room, my attorney returned and told me, after consultation with the criminal prosecutor, a decision was made to dismiss the charges against me.
posted by Alvah Buckmore, Jr., at 6:12 PM
3 Comments:
I salute you Alvah for fighting your right and for holding your principles no matter what happen. Judges,justices, prosecutors, lawyers- be it for the prosecution or for the defense, anywhere in the world, few if not, many of them are really incompetent or corrupt. They lack sensibility to the pro se litigants. Most often than not, justice is only for those who can afford to pay the price to corrupt justices, judges, prosecutors and even lawyers. The buttom line, the poorest of the poor are the frequent victim of injustices.
I salute you Alvah for a well done job, for your consistent stand for justice and truth to prevail at all cost.
This comment has been removed by the author.
Unfortunately, Jabin, not everyone appreciates my efforts. Some people actually think I am a "trouble-maker."
Some people actually think it is all my fault ... that I am not accurately describing reality but creating a problem by my refusal to conform to standards and unwritten
rules, namely an unwritten rule I am supposed to ignore the problem.
Well, I disagree.
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