Santa Clara California Prosecutors Rarely Pay Price for Mistakes and Misconduct
The Innocence Project released a report Tuesday alleging that prosecutors across the country are almost never punished when they withhold evidence or commit other forms of misconduct that land innocent people in prison.
The Innocence Project, a nonprofit legal group that represents people seeking exonerations, examined records in Arizona, California, Texas, New York and Pennsylvania, and interviewed a wide assortment of defense lawyers, prosecutors and legal experts.
In each state, researchers examined court rulings from 2004 through 2008 in which judges found that prosecutors had committed violations such as mischaracterizing evidence or suborning perjury. All told, the researchers discovered 660 findings of prosecutorial error or misconduct. In the overwhelming majority of cases, 527, judges upheld the convictions, finding that the prosecutorial lapse did not impact the fairness of the defendant’s original trial. In 133 cases, convictions were thrown out.
Only one prosecutor was disciplined by any oversight authorities, the report asserts.
The report was issued on the anniversary of a controversial Supreme Court ruling for those trying to achieve justice in the wake of wrongful convictions. In a 5–4 decision in the case known as Connick v. Thompson, the court tossed out a $14-million dollar award by a Louisiana jury to John Thompson, a New Orleans man who served 18 years in prison for a murder and robbery he did not commit.
The majority ruled that while the trial prosecutors had withheld critical evidence of Thompson’s likely innocence – blood samples from the crime scene – the Orleans Parish District Attorney’s office could not be found civilly liable for what the justices essentially determined was the mistake of a handful of employees. The decision hinged on a critical finding: that the District Attorney’s office, and the legal profession in general, provides sufficient training and oversight for all prosecutors. FULL STORY HERE
This is just another example of how a dishonorable judge Socrates Peter Manoukian can manipulate the system, commit crime and break the law however local police do nothing. In fact police are used as muscle to stop the victim Cary-Andrew Crittenden from exposing the judge.
Reporter Janet Phelan has done several news stories to expose the corruption and fraud going on within Santa Clara County California. Cary was jailed Christmas day of 2015. Police are refusing to obey law or constitutional rights in respect to Cary’s arrest. They refuse to release copies of the arrest or case.
The Guardian did a documentary and news story on Police killings in America. Something most American media shy’s away from. What the government of the United States is not telling you and the US media does not want to cover
Anyone who tells you police don’t need: “Citizen’s Review of Officer involved Shootings”
Is part of the problem and why dishonest officers get away with murder
in America today.
The reason for this is the reverse of what police will tell you. They state you can’t be objective. The fact is they can’t be objective either. It’s almost always about their friends, their co-worker and their job so how can they be objective.
So don’t believe the propaganda and lies that police management tells you.
The above ” is stated by a Former Police Officer” not just someone without a police background.
You can also go to the videos directly below at the bottom of the page
The County: the story of America’s deadliest police Police in Kern County, California, have killed more people per capita than in any other American county in 2015. The Guardian examines how, with little oversight, officers here became the country’s most lethal
The County: where deputies dole out rough justice How the brutal tactics of officers in American law enforcement’s deadliest county have ended lives, cost the public millions, and prompted claims of a police force out of control
The County: sexual assault and the price of silence How law enforcement officers in Kern County, California, secretly tried to ‘buy off’ victims in sexual misconduct cases against the men sworn to protect them
The County: partners in crime How the officers of American law enforcement’s deadliest county plan to continue policing themselves
The County: what happens after police kill someone you love? When someone dies after an encounter with law enforcement, he leaves behind parents and children, loss and confusion. What’s to be done when those people sworn to protect you are the same people who pull the trigger?
In Kern County, California, officer-involved deaths have been more common than in any other US county this year. Meet the families across this rural swath of America calling for justice in a place where law enforcement consistently clears itself of wrongdoing.
Los Angeles County Sheriff Lee Baca pleads guilty in jail scandal
When the top cop is a liar and guilty of crime how can the public trust anyone working under them. Sheriff Lee Baca resigned to keep his lucrative pension and salary a common scam among government when they know they’ll be exposed.
Los Angeles County Sheriff Lee Baca will plead guilty in a downtown courtroom Wednesday to making false statements, marking a dramatic turn in the ongoing federal investigation into corruption in the Sheriff’s Department.
According to a charging document filed by federal prosecutors on Wednesday morning, Baca lied twice about his involvement in hiding an inmate from FBI agents who were investigating brutality and corruption by sheriff’s deputies in the county jails.
Baca also lied when he said he was unaware that his subordinates planned to approach an FBI special agent at her home, the document said.
Baca’s attorney, Michael Zweibeck, said his client has agreed to plead guilty to a single count as part of a deal with prosecutors that will see him spend no more than six months in prison and possibly no time at all.
The U.S. Attorney’s office has agreed not pursue other charges against the former sheriff, and a federal judge must sign off on the deal.
FEBRUARY 2, 2016 LIVE SHOW, GET INVOLVED, CALL IN
Are you a victim or know one, let them know. Can’t listen live recorded version available. Find out what’s going behind court room walls, how innocent people are being railroaded, falsely imprisoned, forced to plea to crimes they did not commit.
INVESTIGATIVE JOURNALIST JANET C PHELAN ABOUT ACTIVIST CARY ANDREW CRITTENDEN INCARCERATED IN SANTA CLARA COUNTY CA
Janet C Phelan is an investigative journalist with New Eastern Outlook. She is the author of EXILE, which discusses the circumstances under which she fled the United States. Janet focuses on issues related to legal corruption and maintains a special interest in biological weapons.
Cary Andrew Crittenden is an activist who is currently incarcerated in Santa Clara County Jail. Crittenden has become outspoken against corruption in Santa Clara County and has now been repeatedly jailed in that locale.
FEBRUARY 02, 2016 06:00 PM Call in to speak with the host
They Hide Behind Positions of Power and Authority. Those who should be prosecuting rarely do what is right.
Far too many people are abused, victimized and murdered by Bad People who hide behind an image or title. The problem becomes worse when we don’t address the problem of removing them ASAP. They destroy the reputation of all involved when the system has no option for simple removal. They have too many rights, too much immunity and as a result millions are victimized. It’s a problem those in power don’t want to address because they are just as guilty. Mayors who really never should have been put in power, judges who have no business on a bench and police officers who go on and on killing, abusing and committing crime.
Who do you go to when these obvious Bad People commit wrong? When these obvious Bad People are friends of those in power and work closely with them?
Daniel Holtzclaw is just one example of thousands of cases which are finally being made public due to social media. Most are ignored and hidden from public view. Locked deep within court room walls, silenced by ridiculous gag orders and legal games by clever judges and laws who use law for their own personal gain.
Daniel Holtzclaw is a very rare and unique case where eventually something was done. Far too late, far too many victims and after the fact.
Fact is Bad People get hired everyday, they’re protected, made immune, lied about, rewarded for bad behavior and promoted. In no other business do we allow the same practices of injustice. The problem and solution is obvious, but those who should act don’t. Why, why do those same people we entrust to prosecute, imprison some for far lessor crimes for decades yet those with images and titles get probation and a slap on the wrist. Worse many are allowed to retain all benefits and pay by retiring or resigning.
Just look into judges in California who’ve been found guilty of crimes and abuse and never get prosecuted. Not one, not even one gets the same punishment as everyone else.
Good Cops know what’s going on in America, the problem is they know those in charge won’t support them. Their lives, families and future is held hostage by a system that backs wrong, not justice or law.
Government positions, law and authority are often used to abuse the public and help dishonest people profit or gain power. From one judge in a small probate court room that robs a senior of her rights, life savings and freedom by allowing dishonest lawyers and government to profit. To an entire congress that cares more about corporations and money than the people they serve.
Dwight Hammond, 73 and son Steven Hamond, 46, were prosecuted and convicted as part of an effort to remove the Hammond family from their ranch land.
In October Tri-State Livestock News did a story on the Hammonds and the sentence they received for inadvertantly burning about 140 acres of Bureau of Land Management (BLM) rangeland in two separate fires.
“The jury convicted both of the Hammonds of using fire to destroy federal property for a 2001 arson known as the Hardie-Hammond Fire, located in the Steens Mountain Cooperative Management and Protection Area,” states a Department of Justice news release cited by the livestock industry trade publication.
According to the article the BLM often worked with ranchers on collaborative burns to manage invasive juniper that steal water from grass and other cover. Erin Maupin, a former BLM range technician and watershed specialist and rancher in the area, said backfires by other ranchers had burned BLM land in the past and the agency had not taken action.
During her tenure as a full time BLM employee from 1997-1999, Maupin recalled other fires accidentally spilling over onto BLM land, but only the Hammonds have been charged, arrested and sentenced, she said. Ranchers “would call and the BLM would go and help put it out and it was not a big deal.”
On the other hand, Maupin said, there were numerous instances of BLM fires spreading to private land and ranchers losing significant numbers of cattle and other property. Maupin said she was unaware of the BLM compensating ranchers for destroyed property.
Regardless of Your Stance on Bundy Ranch 2.0, Supporting the Bureau of Land Management is Wrong
This week, militia members have begun a standoff with federal agents after occupying Malheur National Wildlife Refuge HQ in Oregon. The protesters are refusing to leave and are demonstrating against the impending imprisonment of two ranchers, and the overreaching policies of The Bureau of Land Management, a federal agency that has been appropriating land for their own benefit.
The organization claims that they are environmentalists and that their goal is conservation. However, they have made many moves over the past several years that expose their true motives. Not only are they responsible for killing protected species of animals, but they also regularly sell off land that they have appropriated to fracking companies that will obviously be destroying the ecosystem.
In 2013, it was reported that the BLM sold 29 federal land leases which covered more than 56 square miles in northeast Nevada. The agency itself reported that the oil and gas leases in Elko County sold for $1.27 million to six different companies.
Every single one of these leases was purchased under the pretense that they would be used for natural gas fracking, a process that is known to contaminate water supplies and destroy local ecosystems. The BLM claims that they are seizing land to preserve it for environmental protection. However, it is evident that environmental protection is not their goal if they are selling vast areas of land to fracking companies.
That same year the BLM was sued in California for their business with fracking companies. According to the lawsuit, the BLM violated the National Environmental Policy Act by turning over federally protected land to fracking companies.
Researchers at Berkley reported, “The Northern District of California court held that when BLM sold four leases in 2011 for 2,700 acres of federal land in Monterey and Fresno counties, it violated NEPA by relying on outdated environmental reviews that did not address the increased prevalence of fracking in California and nationwide. The court found that BLM’s dismissal of development scenarios involving fracking as “outside of its jurisdiction” was insufficient to provide the “hard look” at environmental consequences required by NEPA.”
According to Berkley’s research, the BLM manages approximately 248 million acres and is responsible for about 700 million acres of subsurface mineral resources in the United States. These lands and resources are not held for conservation purposes, but instead large areas are auctioned off to fracking companies.
The rhetoric and public relations campaigns put forward by organizations such as the BLM are crafted to portray government agents as environmentalist crusaders, when in reality, many actions that these organizations take impact the environment and its creatures in a negative way.
October 7, 2015 – Statement by Oregon Farm Bureau President Barry Bushue on sentencing of Steve and Dwight Hammond:
“Today two Oregon ranchers were sentenced to five years in federal prison under terrorism statutes for setting preventative fires on their own land. We are gravely disappointed at this outcome.
“Elderly Harney County rancher Dwight Hammond and his son, Steven, a former OFB Board member and Harney County Farm Bureau president, have already served time in federal prison for their mistakes and paid their debt to society for the less-than-140 acres of BLM land that was accidentally impacted by the fires.
“This is an example of gross government overreach, and the public should be outraged.
“Today’s verdict is also hypocritical given BLM’s own harm to public and private grazing lands, which goes without consequence. It is unjust. OFB worked on this case quietly behind the scenes with BLM through the spring and summer. That diligent diplomatic effort was fruitless.
“This prosecution will have a chilling effect across the West among ranchers, foresters, and others who rely on federal allotments and permits. It will harm the positive relationship many ranchers and organizations have worked to forge with the BLM, and undermine the cooperative spirit most ranchers have brought to the bureau in helping the health of the range.
“Please join Farm Bureau and declare your support for Steve and Dwight Hammond. Join over 2,600 other citizens from across the country and show BLM that this extreme abuse of power will not go unnoticed and is shameful. Sign the petition at www.savethehammonds.com. This must never happen again.
According to the Washington Standard, the problem is multifaceted.
First, both men were sentenced in 2012 by now-retired U.S. District Judge Michael Hogan, following the trial. Steven received one year and a day in prison for setting fires in 2001 and 2006. Dwight got 3 months for his 2001 involvement. Hogan did not believe the men had malicious intent to be labeled as terrorists under the Anti-terrorism and Effective Death Penalty Act of 1996, even though he sentenced them to jail for the time he did.
The men agreed to a plea deal that they would not appeal the 2012 sentence in order to bring the case to a close.
Both men served their sentences and were released. Now, the feds have appealed those sentences and want the mandatory minimum five-year sentence imposed on the men, and so they appealed to the 9th U.S. Circuit Court of Appeals, who agreed with the feds that the judge ruled illegally. However, now they are wanting to label the Hammonds as terrorists under the 1996 law in order to put them back in jail.
Aside from being thrown in jail for a second time, the Hammonds are upset because they allege no crime was ever committed.
“They called and got permission to light the fire… We usually called the inter-agency fire outfit – a main dispatch – to be sure someone wasn’t in the way or that weather wouldn’t be a problem,” said Dwight’s wife Susan.
Federal officials said Sunday that they were monitoring the armed takeover of a remote federal wildlife refuge in the rural southeastern corner of Oregon. The occupation, which began Saturday afternoon, appeared to be led by Ammon Bundy, a rancher whose family became a symbol of anti-government sentiment in 2014, when his father inspired a standoff between local armed anti-government groups and federal officials seeking to confiscate cattle grazing illegally on federal land.
The building seized Saturday afternoon houses the offices of the Malheur National Wildlife Refuge, and is operated by the U.S. Fish and Wildlife Service, about 30 miles southeast of Burns, in Harney County. Over the weekend, the group lit a bonfire by the refuge’s stone headquarters building and draped an American flag over a sign.
The wildlife agency said no federal wildlife employees were in danger in the occupation. “While the situation is ongoing, the main concern is employee safety and we can confirm that no federal staff were in the building at the time of the initial incident,” a Fish and Wildlife Service press officer said.
In a statement captured on video, Bundy said that his group was “prepared to be out here for as long as need be” and would only leave once the people of Harney County “can use these lands as free men.”
Armed anti-government protesters have taken over a building in a federal wildlife refuge in Oregon, accusing officials of unfairly punishing ranchers who refused to sell their land.
One of them is Ammon Bundy, the 40-year-old son of Nevada rancher Cliven Bundy, who is well-known for anti-government action.
He spoke by phone to CNN Sunday morning. Asked several times what he and those with him want, he answered in vague terms, saying that they want the federal government to restore the “people’s constitutional rights.”
“This refuge — it has been destructive to the people of the county and to the people of the area,” he said.
“People need to be aware that we’ve become a system where government is actually claiming and using and defending people’s rights, and they are doing that against the people.”
After the march Saturday, the armed protesters broke into the refuge’s unoccupied building and refused to leave. Officials have said there are no government employees in the building.
“We will be here as long as it takes,” Bundy said. “We have no intentions of using force upon anyone, (but) if force is used against us, we would defend ourselves.”
Ammon Bundy said that the group in Oregon was armed, but that he would not describe it as a militia. He declined to say how many people were with him, telling CNN on Sunday that giving that information might jeopardize “operational security.”
The elder Bundy drew national attention last year after staging a standoff with federal authorities over a Bureau of Land Management dispute.
“We are not terrorists,” Ammon Bundy said. “We are concerned citizens and realize we have to act if we want to pass along anything to our children.”
He wouldn’t call his group a militia, but others are.
“I don’t like the militia’s methods,” local resident Monica McCannon told KTVZ. “They had their rally. Now it’s time for them to go home. People are afraid of them.”
A U.S. Fish and Wildlife Service representative said the agency and the Bureau of Land Management are aware of the armed protesters.
“While the situation is ongoing, the main concern is employee safety, and we can confirm that no federal staff were in the building at the time of the initial incident,” the representative said. “We will continue to monitor the situation.”
Get your info directly from the Ammon Bundy YouTube Channel HERE
Look at the facts not what they’re telling you and claiming by writing fancy slogans on the side of police cars. Actions speak louder than words….
“Do exactly what I say, and we’ll get along fine. Do not question me or talk back in any way. You do not have the right to object to anything I may say or ask you to do, or ask for clarification if my demands are unclear or contradictory. You must obey me under all circumstances without hesitation, no matter how arbitrary, unreasonable, discriminatory, or blatantly racist my commands may be. Anything other than immediate perfect servile compliance will be labeled as resisting arrest, and expose you to the possibility of a violent reaction from me. That reaction could cause you severe injury or even death. And I will suffer no consequences. It’s your choice: Comply, or die.”— “‘Comply or Die’ policing must stop,” Daily KOS
Americans as young as 4 years old are being leg shackled, handcuffed, tasered and held at gun point for not being quiet, not being orderly and just being childlike—i.e., not being compliant enough.
Americans as old as 95 are being beaten, shot and killed for questioning an order, hesitating in the face of a directive, and mistaking a policeman crashing through their door for a criminal breaking into their home—i.e., not being submissive enough.
And Americans of every age and skin color are being taught the painful lesson that the only truly compliant, submissive and obedient citizen in a police state is a dead one.
It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the rights of the citizenry. In turn, Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.
American Police have become the most violent law enforcement agency in the world. Due to cell phones the truth of what’s been going on for decades is finally being exposed. The new propaganda line is “you’re not seeing what your seeing in the video”. Police want us to think what their doing is right because of this word “legal”. Which many victims know is only a term used by a court of law. More and more courts are being exposed for being “criminal” in nature. Where judges do the wrong thing, victimize good people and allow the real criminals to get away with crime. It’s this fact that must be revealed to the American public. Your paid public servants are raping the system via, dishonesty, greed, bribery and criminal acts.
Why do we trust the same courts which use police for their protection, to judge and hold police accountable? Law seems to only apply to us. Constitutional rights only apply to them when they need them. Our own constitutional rights are trumped by a “Police Officers Bill of Rights” which was created by who?
Just about every court division has dishonesty and “dishonorable judges” who allow laws to be broken and rarely to never punish perjury.
There are in fact double standards and two classes of people in America. Those who are forced to obey and those who don’t obey. If you have money, a badge, a robe or work within government most likely you’re part of that lucky class where the term “law” does not apply to you. After all who do you report police to? Who do you report judges to? Who do you report government to?
Seven sheriffs and two California Highway Patrol officers responded to a call about an intoxicated David Sal Silva outside Kern Medical Center. According to reports, David Sal Silva resisted the incoming officers as they tried to arrest him, prompting the nine officers to beat him with batons. David Sal Silva reportedly died in the scuffle, but not of the beating.
Eyewitnesses reported a different story — that David Sal Silva cried for help until his death. Their cell phones later were confiscated video evidence erased by the Sheriff department in order to cover up and hide murder.
“We’ve waited over a year for answers,” said Ralph Silva, David Sal Silva’s uncle. “The DA [District Attorney] and the Sheriff’s work hand in hand, as does the coroner. How can we have justice when the people investigating each other for wrongdoings investigate themselves?”
Silva specifically is challenging the coroner’s report and the District Attorney’s report, which he said was written in favor of the sheriff.
Imagine calling for help and the officer who shows up is less able to defend themselves than you are. Next thing you know that officer pulls out a gun and begins shooting putting everyone in danger. What’s too small and for that matter whats too big? Does size have anything to do with officers who kill?
Deadly force is justified if the officer reasonably believed at that moment that he or others were in imminent danger, and it doesn’t matter whether any danger actually existed.
When we make guns the equalizers among police we raise the chance of death being the outcome.
What do you think, has the hiring of smaller and less psychically fit officers put the public in more danger?
There is evidence female police officers help stop police brutality
The fact some police agencies don’t use any physical tests adds to the question whether physical tests of any type are predictive of officer performance.
No matter how big and strong you are, there’s always going to be a bigger, stronger bad guy. That’s why officers are trained to use their intelligence, verbal judo, defensive tactics, OC spray, ASP baton, TASER, and firearm.
Then why if so many options they often go directly to deadly force?
Without question, there are too many out-of-shape cops working. Cops usually have to be in pretty good shape to get hired and complete the police academy (although there are exceptions even to that), but in most agencies, they never have to demonstrate any level of physical fitness again.
When agencies do try to implement a fitness program, there is usually push back from the police union, whose more senior members–and maybe some junior ones–are out of shape and don’t want to be forced to fix the problem. Some of those cops have health or injury problems so severe that they can’t fix their level of fitness, so a fitness requirement would render them unemployed.
“Many officers take their physical condition for granted until it is muchtoo late. Every year more officers die from heart attacks or diseases related to the degradation of the body than all those who die from violent attacks and traffic accidents combined. Even more officers are forced to retire early because of similar conditions”
Recent studies indicate officers who are in good physical condition are involved in far fewer uses of force than other, less fit officers.
“He’s 295 to 300 pounds. That’s a large man’’. “Can someone that size overpower you and take your weapon? Those are the sorts of things you have to look at in terms of threats coming from things other than weapons.”
The Los Angeles Police Commission on abolished a requirement that officers stand at least 5 feet tall to join the LAPD.
Department officials requested that the minimum height requirement be eliminated, saying they have found no evidence that shorter people were less capable of performing the duties of a police officer.
Furthermore, they said such a requirement exposed the department to potential lawsuits from candidates who were rejected solely because of their height.
Commissioners asked Los Angeles Police Chief Willie L. Williams if shorter officers had a greater tendency to rely on their weapons than taller officers, and the chief assured them there was no evidence to support such a theory.
If it’s not about size could it be something else?
Killers Among Us
The term psychopath conjures up images of movies such as Psycho or Silence of the Lambs. There are less inflammatory terms such as sociopath, antisocial personality type or under controlled personality type that apply to the same people. The meanings of these terms have changed and interchanged over the last half-century. Psychopath is now associated almost exclusively with violent actions rather than a propensity for violence.9 The last three terms are still used somewhat interchangeably to denote someone who lacks social emotions and often resorts to violence, deception or manipulation as a means to get what he wants. These people constitute 3 to 4 percent of the male population and 1 percent of the female.10 Such people who enter the military are not monsters waiting to be released. They can be level-headed, productive soldiers, and if put into the right situation, they will kill the enemy aggressively and without remorse. If these soldiers are in our units, how can we identify them? More on this
Two female police officers can’t handle one male suspect
Our courts are putting overweight police back on the job, are they putting the public in danger?
Female officer kicks man in the head while six officers hold the man down