Dans-DOC
I wish the world could read this letter so that they could know this:- Being met with silence by organizations
- Solitary confinement
- Addressing Innocent/wrongful conviction claims
- Seeking a bridge/advocate between inside/out
- Withholding mail access and oppressive communication policies
- Retaliation/abuse of the disciplinary system
- Legal work from the inside
- Corruption in the trial process
- Sleep deprivation
- Program Creation
- Addressing Racism
- Medical neglect
- Law libraries
- Mental health care
- False offers of help from legal practitioners
- Advocacy
Dans-DOC
transcription
Dear JLI ;
Reading your article in the Guild
Notes Vol. 45, 2020 and I do agree 100%
and then some that the legal system in
the U.S. needs to transform. It needs
to grow and not remain a system of
Prejudice and bias, only to support justice
for the few. Our legal system is BOGUS,
artificial in its failure to reciprocate true
justice, equality, and due process for all people ...
human beings. The system is extremely
bias to prisoners seeking to exonerate
themselves as pro se litigators, and just
as bias of jail house lawyers seeking to help
others.
In my 22 years incarcerated in the
Georgia Department of Corrections, (GDC);
by the way Georgia system does not
believe in correcting anyone ... GDC is
just warehouses for human beings; I have
-1-
witnessed and experienced much of the state
& federal legal system's prejudice and bias
actions. Whereby the counts and working
with GDC will breach, infringe, violate,
discredit, fabricate, contradict, confiscate,
deprive, ignore, remove, destroy, vanquish,
isolate and transfer you when as pro se,
there are clear undisputed facts, grounds for
rescinding your criminal conviction or
presenting a civil action case with merits.
In my experience also, I find that
many so called help groups speak the same
redundant phrases, words such as ... "change
will not happen until we strengthen the
power of people". I've read and heard it
all put many different ways, but guess
what ?!?! In 22 years it has only
gotten worse where the people don't
care and are so misinformed and mis-
lead by government and the media.
There are thousands of innocent men,
women, fathers, mothers, sisters of brothers,
family love ones incarcerated doing longer
sentences than those men and women
whom are truly criminal minded in nature.
And to mention the thousands of us
Veterans whom have harsher sentences
also, who are not criminal minded.
I've been transferred 15 times and
at one point of any litigation I was trans
ferred to 7 prisons in 7 years because
-2-
I was pro se ad have no family in Georgia
having Been a soldier stationed at Ft Benning,
Columbus, GA in 1997. I've been doing
battle with the legal system of GDC; able
to keep bringing my case back to the courts
because I've learned to think outside
the box and it helps that I have a valid
jurisdiction issue, as well as a breach
of contract and right to counsel issue on
first direct appeal.
Yet even thoughI have several valid
Constitutional grounds ... I still sit here
incarcerated for felonies I did not commit.
I've written many attorneys and groups that
say and claim they can and want to
help incarcerated people but
none every really want to rock the
boat enough to make the necessary
Changes need in America's society:
And, power to a few people is not it.
Most people are ignorant and not well
educated to comprehend what the
federal government vs. the government
are, let alone the law with it's
various levels of execution. If all the
help group want to make a time and lasting
Change for the betterment of the People
then it's time to push for better educ
ation in our schools and colleges, service to
our Nation with allegiance and pledge
to our Flag. Most people don't ever
realize or know the "Pledge of Allegiance"
-3-
says "... one Nation" ..."indivisible with
liberty and justice for all ".
Well we don't act as if we are one
nation for we are divided in many ways,
ie, color, race, religion, sexual behavior,
and politics just to name a few major issues.
But how will this Nation stand if we remain
divide between a Republican Vs a Democrat?
What ever happen to just being an American ??
Do you know that when you travel to other
Countries the people there see you as being
an American and not all the other divided
lables we put on ourselves. Government
and the media keep The people divided to
keep people under control so the few can
do as they please ... the very rich
corporations & people (families) in power
keep it that way. And The people, well,
their happy with the hand outs free
food money housing, not realizing
the Constitution Rights they will
give up and loose. "A population of Sheep,
in time, will surely beget a government of Wolves."
Thomas Jefferson said it well... "A society that will
trade a little liberty for a little order will deserve
neither and loose both." Look at the 2021
Presidential Election ad during swearing-
of the new President ... where were all the
People, citizens ? ? D. C. reminded me
of one would see in Russia on China !!
For what it is worth, I gave you my
2 cents. Would like a response, peace be
within you all .
Respectfully
"Remember DIVIDED We fall"
Dans-DOC
transcription
Robert & Helen Bernstein
Institute for Human Rights
NYU School of Law
10 Jan 2022
GA
RE: Jailhouse Lawyers Initiative: Practice Modules International Human Rights Law
Dear Mr. & Mrs. Bernstein;
I've done what I can to provide a response
to the questions this course provides. If there is
anything else need to be completed please address
the matters withme a I will do my best to
get it done. Thank you both.
I. Introduction to Lesson ; Discussion Question:
Human Rights to me are rights that every
Person, human being, sentient beings possesses.
Rights that are endowed simply because ones
essence, spirit has been gifted with life...
Suth into this realm. Rights that should
not be denied now, taken from any sen-
tient being without a just cause. And
-1-
cause for one can only be a violation of
a primary universal law of ... "First
do not harm ... self and others."
Being a ZenBushi , I followa warrior's
path . I am a practicing Buddhist, I
know as a human being action is required to
do what is righteous ... protecting others.
Hence, l
"Preserve rather them distroy; avoid
rather than check; check rather than
hurt ; hurt rather than maim; maim
rather than kill; for all life is
precious, nor can any be replaced."
- Bushido
Most important Human Right to protect is the
" Right to Freedom the pursuit of happiness."
However, the sad thing is that the " US.
Constitution's Bill of Rights" and the "13th
Amendment " and the "14th" Amendment do
exist but are most difficult to obtain.
"We The People " no longer comprehend
the magnitude of these rights let alone,
know how to ensure those rights are not
violated by the government (Federal and
State entites). To put it plainly ...
people are ignorent about government.
Today's America (the alleged United States
of America) seems to believe it is better to
always be political correct than to rock
the boat... to stand up for truth, justice,
-2-
equality. The righteous path is alway more
difficult to walk but sometimes lifte gifts
humanity with a person who sets the ex-
ample to call others to follow. But all to
often humanity bites back and that person
has hisacher like cut short. However, life
is a cycle a we as a human beings often
repeat our mistakes made by our ancestors.
People, the human species will have to make some
hard choices to over come our ignorance; to
move beyond the greed, the hate, the anger,
the delusion fabricated by Governments.
But first we must come together to see
that humanity is just one small speck of
dust afloat in the vast space we call a
universe. If we cannot cometogether ...
our existence, the human species, will be
cut short . We must make some hard
choices or else our cycle of destruction will
continue to be exploited by the government
corporations that place fear and suffering
over peace and joy.
I. International Human Rights Law;
Activity 1:
(a) Prohibitation Against Slavery
(1) International Custom,
It is binding on the U.S.
(b) Kyoto Profical
(3) Treaties
It is not binding on thous
-3-
(c) Res Judicata
(2) General Principles of law
recognized by most national
legal systems.
It is binding on the U.S.
Activity 2:
A - 4 E - 3
B- 6 F - 7
C - 8 G - 5
D - 1 H - 2
Really !! Which rights are respected,
protected and fulfilled in the U.S. ...
"NONE OF THEM -ALL OF THEM ARE
FREQUENTLY VIOLATED !! "
My answer hero is simply the fact. If one
ses clearly with half a brain or possesses any
understanding of how US. conducts it
political agendas, government, corporate
managements. Then one should have the
insight to see that the US. is not really in
the business of establishing any actual
concrete civil on human rights for people,
now for any other nation's people.
Just look at the historical record of the US.
I say this because the very system of govern-
ment this Nation was built upon has
its flaws and early on some of the
"Founding Fathers" forseen the potential
for this newly formed government
of freedom to be transformed into
-4-
tyranny. Not necessary for one person as a
tyrant but in the US ..... the STATE/
FEDERAL Corporations have become a legal
person with rights and tyranny has prevailed.
[COMPARE] "Experience hath shown, that
even under the best forms of [government]
those entrusted with power have in time,
and by slow operation, perverted into tyranny. "
"A society that will trade a little liberty for a
little order will deserve neither and lose both. "
"Resistance to tyrants is the obedience to God. "
"I have sworn upon the alter of God, eternal hos-
tility against every form of tyraning over the
mind of man. "
(All) -Thomas Jefferson, 3d President
of the US. 1743-1826
In the US. today ... freedom and the
pursuit of happiness are illusions. How
does the simple, ordinary person go up
against a corporation (STATE/FEDERAL enties)
that do not physically exist to sit in court
next to the district attorney opposite of a
petitioner and his attorney?
What civil and human rights can one
actually prevail in the any STATE or FEDERAL
Judicial System structured to favor the STATE or
FEDERAL corporations. The historical proof is in
fact that most all the gaines made for civil and
-5-
human rights come into existence 40-50
years ago. The government is broken
and political, governmental, corporate,
changes must occur in the US. Our Nation
is not " Home of the Brave, Land of the Free"
when people remain ignorent under political,
governmental, corporate tyranny causing
the people to remain silent to afraid
to act or to state the truth.. Sadly, if one
is not political correct in one's actions and
speech . One will soon have their civil and
human rights stripped away ... violated.
No there are no patterns in how the STATE
or FEDERAL governments operates. They just simply
do it ... violate civil and human rights when
it becomes convenient. This is all the time
until someone with enough backing is done
wrong. Then that person may be left alone
by the STATE of FEDERAL government(s) for a
period of time or until some government
employee figures out a loophole, then starts
to go after that person again. The battle is on going.
Reflection Question:
I have no list ... when I see that all
civil and human rights have continued in
this world regardless of governments, Nations
signing or ratifying any bill or treaty.
Throughout the history of humankind,
one group has violated the rights of another
group. And the US. government are no different.
6
I am a simple man and simplicity is
natures way. It is life at its best. what
life is about. Life is itself simple.
For me all the rules, laws, policies etc, etc.
are foolish when there is one simple rule
all can live by that covers everything .
[ "1st do no harm"... to self and others e
xcept in the defense of life. ]
In the western society, " The Christ" put
it another way ... " Love thy neighbor"
and " Do to others what you would have
them do to you. "
How much simpler can it be put?
" Probably all laws are useless; for good man
do not want laws at all, and bad men are
made no better of them ."
-Demanax - Roman Cynic
Philosopher 150 AD.
Everyone, all people should have the right
to life, liberty and the pursuit of happiness!
But we all know it is not being done...
men in the US.
Activity 5
Daniel: Right to access justice;
Right to be free from torture ...
Jon : Right to access, information;
Right to contact with the outside
world.
-7-
Hannah : Right to adequate living con-
ditions.
Alex: Right to access education;
Right to access information.
[ NO Discussion Group]
Activity 4
Reflection
No ! Local gounment officiale do
not respect anyones civil right!! Especially
here in the southern states. I'm incar-
cerated in the state of Georgia and from the
start of my ordeal. I have had my civil
rights repeatedly violated with prejudice.
Below are some of the key events. .. my
Prima facie facts/evidence.
In the July of 197, my and rights were violated
when I was wrongfully shot in the lowerback
and right leg by a deputy sheriff in County,
Georgia with a shotgun. I would have
died that day had I not swiftly turn and
ran into an open feild when he first raise
his shotgun towards me ( 10 meters away).
I had no weapon in my hands so I bolted
off in the opposite direction other officers in
pursute. When at 30 meters I was hit from
behind, thrown in the air by Deputy
Shotgun. I ran because Deputy and
his Sheriff have been shooting
-8-
at me while I was in my cherry pickup
for hours ... I was not willing to come
out after they disabled my truck by
shooting out all four times just after
ran me off, the road in a botchel
spinout attempt, hitting the pickup in
the rear. Besides, I was the wrong
skin color in a small town in Georgia.
The shift and deputy misused deadly
force as I never posed a threat of any kind
to any officer or person there at the scene.
It was about a 5 hour stand off where
they both did $5,000.00 dollars of damage
to my pickup (Insurance fay out). Using
their shotguns and 45 pistol, they were
trying to kill me in my truck. I was
not stepping out ... but when my back
window Klinally started to fall out.
I had no choice but to run out of my
truck as I saw what was coming
next ... a firetruck with a water canon.
Other officers were there, (Redacted) P.D.
GA. they Patrol, but none took part in the
shooting at one even after I let them
know l had a weapon. But when
I was on the road just before the deputy
shot me in the back. I had stood there
with my hands in the air no weapon
in than). The weapon was zipped up in
my pouch. I never pointed at any one or
posed a threat to any officer warrenting Dep.
to shoot me. No other officer did
and as I ran into the field.
Right to access justice & Right to be
-9-
fortune and other cruel inhuman or degrading
treatment of punishment ... in violation
of UDHR /ICCPR/CAT
The wrongful use of force (excessive, deadly
force ) by two deputy officers of the law vio-
lated the rights not to be caused severe pain and
suffering; not to be punished without trial;
or arrested by excessive, deadly force.
Likewise, the prosecutors, judges and defense
attorneys did far worse to me, My bullet
wounds have long healed with little pain remain-
ing. But the violations at my trial, sentencing
and post trial remedies caused me far greater
pain and suffering that cut into my heart and
mind. I lost two decades plus with my
kids, family, love ones that I can never
get back. The hardship, the suffering, the
loss my love ones , I will never know...
the fact 's they will not know mine either.
I have lost my kids to time and there are
now grandkids that do not know me at all.
And if not for my sister I would know nothing
of what my kiss went through without me
in their lives. I suffered mentally and
emotionally for a bit but it still cuts
deep in my heart to know my kids suffered
without me ... vindictive Ex-wife.
I lost my father in 2009, and a brother
in 2019 and two uncles, and a aunt, and one
cousin in these past two decades.
Because of prosecutors prejudicial protection,
the judges failures to comport justice and equality,
-10-
and the defense counselor's omeffective
assistance at trial and appeal phase. I
now sit incarcerated with a (redacted) year
Sentence to serve (redacted) years to mit, the Secondary
case gave me (redaced) years
to serve (Redacted) years. (run concurrent)
No judicial officer cared if my rights
were violated during the trial or post trial
Phases nor did any of them care that as
an active duty service member, I was shot in
the back, deadly forced use in an arrest, that I
was wrongly tried in a state forum rather
than UCMJ jurisdiction, toant , I never
waived my military jurisdiction. Plus
no one cared that I had no appeal coun-
selor for my first direct appeal in my 40
year sentence and spent my first .... 4 years
incarcerate in a stateprison on active duty
status. My civil & constitutional rights
were seriously violated by state officials.
[ shot in July 1997 - put out of the Army
in September of 2001] All civil and
Constitutional violation accured to me
still as an active duty soldier. US Army
knew they screwed up and gave me, ...
Otherthan Honorable Discharge, but 3
months short of allowing me a 20 year
retirement.
Prison officials are no better and I've
had a numerous civil and constitutional
violations occured over the past two plus
-11-
decades, I have had religious and legal materials
confiscated and destroyed. Officials would confiscate
and destroyed. Officials would confiscate the materials
as access property ... then refuse to allow me to
send the materials home as an indigent prisoner.
Contrary to GDC policy. (GA Dept. of Corrections)
I was also denied legal mail rights to send
and receive in a timely manner. I was
forced to mis court deadlines loosing civil
cases. Plus at one point I was placed on
the bus for transfer missing court deadlines.
I was sent to Seven prisms in seven years
spending 3-4 months to 16 months at
one prison. Mail system in prison is broken
and it takes months at times before your mail
catches up to you ... a week dely is costly in court.
Here the right to contact theoutside
world; the right to property; the right
to access education; the right to access in for-
mation were all violated. UDHR /ICCPR/
Mandela Rules
The GA Board of Pardons & Parole Is just as
broken and corrupt and caused just as much
Suffering mental and emotional pain as
the judicial system. The frustration comes
when there is no valid legal reason not
to make parole as per the law allows , but
the parole board claims unfettered discretion
to deny parole at any time for any reason.
The board members are petty tyrants and unjust
officials. By Law I was eligible to Parole in 2005.
-12-
However, I was given a TPM (Tenative
Parole Month) of July 2028 (90% of my sentence
prior to parole eligibility). I sought civil action
and before I could complete the process. The board
dropped my TPM to July 2015. It was still not
right, contrary to established law at the time
of my arrest. I sought another civil action
that took years to get a response through
the judicial process. My TPM remained at
2015 but I have been denied parole
four times for frivolous reasons. I
still st wrongfully incarcerated and the
parole board has pushed back my parole
(TPM) to July 2028. So they still have
manage to force me to do 90% of my
sentence contrary to established stadel and
federal law. I have copies of the boards deniels.
The Billof Rights, 14th Amendment do
not carry much weight when your just one
indigent prose petitioners behind bars.
And I really don't see where International
Laws & Treaties will change much in the
U.S. The US. may sign bills and
treaties even ratify some of them
but that still does not mean govern-
ment officials will stop violations of
civil and human rights in the US.
Our historical record shows that the
people will always suffer at the needs
of State/Federal government and its
corporations. Yet, I will never give
up on this righteous battle for my freedom
and pursuit of happiness.
-13-
Right to access justice; Right to be free from
torture and cruel, inhuman or degrading treat-
ment or punishment.
UDHR/ ICCPR/CAT/Mandela Rule/
I-A CPPT
Activity 5
Excerpt #1
The specific Human Rights violation
Is Right to be free from torture and cruel, in-
human or degrading treatment in punishment
Excerpt #2
The 3 facts, used to backup his claim
of human sights violations are : (provides
actual dates).
1) incarceration Oct 1984 assigned to SHU
Aug. 1986, date alleged gang association
Mar. 1988,
2), also dates with not receiving time outside
his cell ... years 1989- 2011.
3) also describes medical conditions as being
permently disabled. .. damaged as a result
of Prison guard shooting him ... dated 1990.
Excerpt #3 , Question :
The two specific provisions of CAT
that petitioner ties to the facts are:
-14-
1) CAT/c/USA/co 2, Paragraph 36
2) CATIC/USA/CO 2, Paragraph 19
Of which Mr. statement of
being placed into isolation for 22 years did
inflict both mental a physical suffering.
Where by punishment was intentionally
inflected because he would not turn informant.
Critical Reflection:
A. This is an account of what happens to me
Right to medical care (UDHR / ICESCR/Mandela
Rule/Bangkok Rules)
During my arrest attempt in 1997, the
deputy shooting me in the lower back and right
leg with his shot gun did try to kill me. He
would have if I did not turn away to rum. Plus
it help he did not know how to lead with
his shotgun. Hence 6 of the 12 rounds of shot
missed me at about 30 meters away.
From the inception of my incarceration
I was forced to endure physical and mental pain
and suffering because of extremely poor medical
care. After just 3 days in the county hospital I
was forced to walk with crutcher through
the hospital into the back seat of a police
care and taken to the county jail. Struggling
with the crutches was extremely painful,
when my right femme was fractured It had
a rod placed in it. I was no in a leg brace
nor cast ... painful, yes, but also humiliating.
-15
I were only an hospital gown that was
not tied doute - my whole back side
was completely exposed to the public.
In three days my leg was still swollen
and I could not bend my knee at all.
But offices still had me slide into the
back seat of their patrol car and again I was
in severe pain.
Once in the county jail, I was placed
in a one man cell with an older guy. He was
on the bunke. I was forced to sleep on the floor
in a boot with no way to elevate my right right
leg. My leg swelled twice its size from my ankle
to my hip. Thepain and suffering became
worse. I struggled just to get to the tolet and
it was a meter away. It was worse trying to
sit on the toilet where one round still remained
in me where I need to sit and I could not
bend my right leg at all . This went on
for months and no physical therapy because
of the extreme swelling of my whole leg.
County jail medical records can verify the
swelling and the jail house records can verify the
one man cell I was in July of 1997 to about April
1998. Where there was no physical therapy nor alowd
to go outside for yard . Some time later I was put in
an over crowded 12 man cell were I was on the floor
for a few months Then moved to a 4 man cell where
I remained till I went to the State Prison system.
By then I was doing my own P. T. d and got way better
yardtime.
I spent from July 1997 to December 1998
dealing with my physical and mental pain and
suffering alone. I have no family in Georgia.
-16-
I was stationed at Fort Benning and my
military chain of command stop caring
to see me within 4 months after being
wrongfully gundown by the deputy. Over all
I only have my command see me F
our times. With no one to talk to and
no support from the Army ... 1 began to
slip into a very dank place and needed
a way out. Body weak in sever pain, with a
broken right femur caused by one of the
rounds. That round later had to be removed
because it caused me sharp hard pain every
time I tried to walk. It was sitting right
on top of my nemes. Likewise, my mind
was fractured into a thousand pieces as I
experienced all the emotions from one extreme
to the other ... anger, hate sorrow, pity. When
alone I even broke down and cried. But what
tore at one the most was fear of the un-
know... this dankness within me was growing.
I spent just over a year and a half for my
final trial and did not know what to expect
~ a state prison. I ended up at
Prison with a darkness in me.
The violations & protected treates:
1) Right to justice violated; UDHR/ICCPR/
Mandela Rule
2) Right to medical care violated; UDAR/
ICESCR/Mandela Rule/Bangkok Rule
-17-
3 ) Right to be free from torture and other
cruel, inhuman, or degrading
treatment or punishment was
violated. UDHR/ ICCPR/
Convention against Torture ... (CAT)/
Mandela Rule / Inter-American
CPPT
4) Right to contact with the outside
world was also violated.
UDHR /ICCPR / Mandela Rule
Added # 4 ... being in a one man cell and
the four man cell had no phones and
it was extremely difficult to get any
guard to let you out to go use the phone,
could not call my family or chain of command
when I needed to 1.
B. Really, all experiences occurring in a prison
are some form of a violation of human
rights or laws. A human being incarcerated
after 5 years become comes affected by the
poison if he is weak in body, mind, and spirit.
I was blessed to find any way out of that dank
place. After 23 years, and (redacted) more to
max out I've to the conclusion that
it does not matter what an indigent
pro see prisoner does in the "STATE OF GEORGIA's"
corrupt judicial system ... the courts/judges/
prosecutors/and even defense attornies will allow
-10-
a pro se prisoner with no collateral to
succeed in obtaining his freedom. Even if
that prisoner has clear, vested Constitution
Law or "STARE DECISIS" grounds for relief...
that prison will not be allowed to prevail
in any court. "The Good O'Boy" system
is alive and well practiced accross this
Nation, expecially in the southern states.
Truely how can any person prevail
against the government corporation when
all attorneys, district attorneys, and judges
are all loyal to members of the same
Bar Association ??
Jus compare, form the past four
decades, how many cases have been
won in the cants ... have prevailed
compared to the millions of men and
women that The United States have
incarcerated . It is their courts their system.
It simply does not matter if the pro see or
with an unskilled attorney for defense mos...
it simple won't allow prisoners their
freedom:
Serious change is needed the judicial system
where words like truth, justice, and equality
have been twisted and fall empty, powerless
before the courts ... judges who come from the
Bar Association. There needs to exist a completely
Seperate path to judgeship with no ties to the
Bar Association on to any political party.
America was never meant to be divided
by political factions of any kind or states rule.
There was a time when America was
-19
"One Nation...indivisible with liberty
and justice for all." Look how far we
have fallen as "We The People "
I do see a need to bring all Nations under
one Civil Law (Common Law) for the one
world we now all exist on. Maybe there
is a better way to advocate for better fair-
ness and justice by adding International Human
Rights Law in to Stateof Federal formulas.
But one still is stuck within their judicial
System with its wide spread corruption
It is a system that has more loopholes and
red tape than any other in the US.
However, I will always advocate for the
truth, justice and quality of all sentient beings,
I will do my best to bring down this corrupt
system and open the doors of freedom
for my fellow prisoners, people.
I still believe "the pen is nighter than
the sword. " But as a warning ( US Army
Ranger) I will never gave up the righteous
battle for truth, justice, & equality
"Though I be the lone survivor ,
Rangers Lead the Way. "
Thank you for this opportunity to broden
my skills and help others. Sorry but I
had to put some of any personal views in it.
Peace and joy be within you all.
Respectfully
:)
-20-
Dans-DOC
transcription
Jailhouse Lawyer Initiative (Newsletter)
c/o Tyler Watson Esq.
GA
RE:
Response to your JLIN
Issue #3 | April 2022
Dear Tyler Watson, ESQ ;
I see all the time in groups or agencies
that put out newletters asking for information on how
to help ... but I never see where help has been
given and the requester (prisoner) walk out of
prison . Please don't get me wrong ... you
and all the people out there mean well and
even provide a valid need for many
of the incarcerated people, to include my-
self. But most of us, still sit behind
these walls wondering when all this support
is going to really make a difference for
us all ??
I myself have over 20 years in prison
for felonies that were fabricated by the
DA here in Georgia ( , Ga ) , As
a jailhouse lawyer from the start of
-1-
my incarceration in 1978 ... I've wittenad
called "100s" of attorneys, agencies, groups,
etc etc, asking for assistance is any form.
The answers are always the same in the
end ... they are sorry they can not assist
me ... provide names of other groups or
agencies ... then tell me not to give
up. Hell, I'm incarcerated for
felonies l did not commit. I'll never
give up till 1 clean my name)!!
My point here is that even if one
has a valid. .. 100% and then some...
violation of one's Constitution Rights...
No one really cares to put their" head
on the block" to assist you.
On my own I've filed 100's of
documents/pleadings/motion for my
fellow prisoners and myself. And unless
you have a honest-just judge you will
never get out of prison. And lets
take my case for instance : I received
a (Redacted) year sentence to spend (Redacted) years
(Redacted) on parole and (Redacted) years to serve
(Redacted) with (Redacted) on parole. I won't get
into all the details but my case was
split into two to ensure a conviction.
-2-
I know it have valid issue because on my
own I have had my "writ of Certiorari" to
the US Supreme Can't excepted four (4)
times now [denied # 14 Jan. 2020 (3rd time) ;
denied Jan . 10 , 2022 case (Redacted)) (4" time) ;
Petition for Rehearing denied Man. 21, 2022]
But I learned early on that the
courts will not allow indigent pro see
prisoners prevail in their counts.
Oh ... some of my valid issues ... (1)
shoot in the back and (R) leg by a deputy sheriff (w)
with a shotgun during an arrest (misuse
of deadly force) and lived (my skin is brown);
(2) reindicted 3 times, case split in to two
cases, one charge to face 200 years ;
(3) juny found one not guilty of (Redacted) and
(Redacted) which does not place me at
the alleged crime scene but court allowed
(Redacted) and (Redacted) to
stand with on evidence, to support alleged
felonies that indict state some state some crime scene,
date/time; (4) I never had an appointed
attorney for my direct appeal for the (Redacted)
year sentence; (5), at times arrest
I was a US Army Active Duty Service member,
never waived UCMJ rights/junediction,
-3-
I had right to UCMJ ... plus I spent the
first 4 years in state custody (prison)
as a service member. US Army knew
they screwed up and could not dishonorably
discharge me. jurisdiction issue is valid.
I have 8th/ 6th/14th Amendment
violations that are well established
as "law of the land" but the courts will
not grant me relief. I have 6 ( SIX )
more years to max out my (Redacted) years;
plus I’ve been parolable since
2005 fu GA law, you tell me
where the problem is ? I know that
the entire judicial system is corrupt
and in their courts...all judge and kings-
tyrants and there courts.
But if you really want to make a
differents... start with one and we
can open the door to 1000's of Veterans
that are stuck in Georgia's corrupt system.
I'm not the only Veteran stuck.
I awant your prompt response and peace
be within you. I will never give up
the righteous battle for justice and
equality.
Respectfully,
(Redacted), prose
Prisoner, Vet :)
-4-
Dans-DOC
transcription
8 May 2022
Tyler Walton, Esq.
New York University School of Law
GA
RE: Battling for Justice-Equality-Truth
Dear Mr. Walton, Esq.
I've been wrongfully incarcerated
by the State of Georgia for over 20
years now. I have 6 more years
to maxout my (Redacted) years of incar-
ceration with 10 years of probation.
And in Georgia...probation is simply
a way for the state to ensure you
will be returning to prison to com-
plete your protection behind bars.
I've been diligently battling the
Courts ... State & federal with several
valid issue to have earned my pro se
petitions the judicial blessing to
reach the once hallowed grounds
of the US Supreme Court ... four (4) times.
I'm told the US Supreme Court only
reviews about 250 pro se petition
- 1 -
for writ of certiorari a year. So you
understand the uphill battles I have
been engaged in. It is extremely
frustrated to know your issues/com
plaints are valid but no court will
allow a prose indigent incarcerated
prisoner overturn his unjust conviction
from a truely corrupt state judicial
system that does not comply
nor comport any sence of true
justice and equality for all people.
Some would say, I just need to
stop fighting the courts ...State of Georgia.
But I can not...I'm a former
US Army Ranger (SFC) and was raised
in japan with strong loyalty and connection
as a Zen-Bushi to never give up
a righteous battle ... and not just for me.
And besides, I'm not the
only active-duty-service member the
State of Georgia has tried, convicted
sentenced, and incarcerated prior my
discharge from active duty service.
Yes, jurisdiction is one major issue
I have in any case...I never waived
my rights to UCM jurisdiction
A second major issue is the
state of Georgia the count never provided
me with an attomey/counsel for
-2-
my first direct appeal for my Muscoge Co.
Superior Court case (Redacted), Where
I was forced to file any direct appeal as pro-
se without the assistance of Counsel in the
GA Court of Appeals, case (Redacted) [TRY TO
SEE THE RECORDS]
Another major issue is the fact, undisputable,
that the jury did fine me not guilty of
(Redacted) and (Redacted) ...which does not
place me in the presence, nor at the
scene of the allegation in the indictment
as constructed/ fabricated by the prosecutor.
But yet the court allowed(Redacted)
And (Redacted) to stand
without merit or facts to support them.
Originally I was facing only a (Redacted)
charge but my case was split into two
cases, three indictments later facing a
total of 100 years each case. (Marion Co.
Superior CA. case (Redacted) was tried first)
The reason is because of excessive use
of deadly force during my arrest. The issue
here is I was wrongfully gundown
by a deputy (w) who shot me in the back
and right leg with his shotgun after
exiting my pickup, running into an open-
feild. He would have killed me had
I not turned and ran... at 10 meters I
would be dead but at 30 meters half
of the 12 rounds hit me from behind.
-3-
The deputy alleged I had a weapon in my
had and pointed it at him. I never
posed a threat to anyone with my weapon.
It was zipped up in my pouch when I
was shot down. Other officer were at the
scene and none of them saw a weapon
in my hand.
I did not want to exit my truck
where in a small town the deputy ran
me off the road and he along with
his shouff began to shoot at me
without cause. they tried to kill me
in my truck doing $5000.00 worth of 45
and shotgun damage. (insurance claim)
Hell, I was the wrong color and not about
to come out after they started shooting
at me. It's the South...Georgia !!!
But I lived to tell it and no one cares.
Especially the courts in the south !!
It was when the DA discovered that
there was no (Redacted) (results from the (Redacted))
that the 3 indictments followed be-
cause I refused to take the plan offer
for (Redacted). The excessive use of force
(deadly force) is being covered up, courts
refuse to address it?
Also, State of Georgia did BREACH
my military enlistment contract as a
3 part interfering with the contract
by keeping me in custody throughout
-4-
trials, sentencings, convictions, and incarceration
from July 1997 - September 2001 ... when
I was officially discharged from the US Army.
[ON RECORD]
The Army know they did me wrong
and that is why I spent 4 years
at smith state prison as an active
duty semice member ... the Army gave
me "an other than Honorable Discharge".
And just as a final issue, I would
parole but like most of my fellow Veters
incarcerated by "the State of Georgia," can
not make parole ... especially if you're
not from Georgia. No parole address to parole
to. I've been parolable since 2005
by law and my TPM was in 2015. I'm
being forced to max-out my 30 years.
My Voice is being buried, hell the
State have done well to keep me down.
But I thought the US Supreme Court
would be true justice, equality.
Here are my last cases from the
USSC : (1) (Redacted), cent Denied=10 Jan
2022 ; Rehearing Denied = 21 Man, 2022 ;
(2) (Redacted) Habeas Corpus = 28 USCA }
2241, Denied 15 Oct. 2018; Rehearing
Denied=22 Jan. 2019 ; (3) (Redacted), Cert.
Denied = 12 Dec. 08; Reh. 9 Mar. 09 ; (4) (Redacted),
Cert. Denied=21 Feb '06; Reh. = 17 Apr. 06; (5) (Redacted),
Cert Dinied = 15 Nov. '04; Reh. = 22 Feb '05; (6) (Redacted)
-5-
Cert Denied = 23 Feb. 04. (all my use Cases)
I don't expect any response from
you ... like many other groups or people
l write, the answers are aways
the same . But if you can, just
pass my letter, story on to someone
you know that may be able to
assist one in my battle for justice
and equality and truth. Thank you. :)
I will never stop battling a
corrupt system and like so many of
my fellow Veterans incarcerated in
Georgia. The "oath" I took
to defend this Nation from foreign
and domestic enemy(s) still weighs
heavy in my spirit. It is sad that
So many of us Veterans incarcerated
have no way home and have lost so
much more. Not much has changed
in the south for Veterans since Vietnam.
And some of those Vets are still here
with one ... no one truely cares.
Thank you for your time and
Peace be within you . I am a
Jailhouse Lawyer member trying to
make a difference pro se. I could
use some real assistance .
Respectfully
(Redacted)
pro see :)
-6-
Dans-DOC
transcription
10 Oct. 2022
Tyler Waltson
Jailhouse Lawyers Initiative
Bernstein Institute for Human Rights at NYU Law
GA
RE : Assistance if possible
Dear Tyler Waltson;
I've been assisting some of my fellow prisoners
in there fight to freedom but just recently,
I and others here in Georgia prisons have
come to an imposed denial of the right
to appeal ... to be more specific ... prisoners
can no longer file an out-of time appeal
in the trial court as of March 2022.
*Cook Vs State
Up un till this case, the courts
historical allowed prisoners to fill out of
time, appears in the dual court. Trial
courts rendered a decision and you went
toward from there.
But now the GA Supreme Court
enforces the rule/precedent to file
an out of time appeal in the Habeas
Court, which circonvents the Court
of Appeal is render a decision to an out
- 1 -
of time appeal. The GA Court of Appeals
refuses to rule on it a motion. And
when you go to the county court for
a Heabeas Court, the court denied
jurisdiction by saying they are not the
trial court and the motion was
not file on a GA promulgated form.
What the HC court/state court is making
us do it but the out of time request
on a Habeas Corpus form. If we do
that the court will construe it as a HC
motion and deny it because most guys,
prisoners and past the 4 year mark
under the GA Habeas Corpus Statutes.
I've written to the county Court and
requested the court to provide me with
the correct promulgated form for out
of time appeal and for a void sentence.
Thus far there has been no response
to that letter. Plus the law library
does not have any forms that are need for
the above motions, just the standard
State HC forms and civil Action forms.
What I need is for some one to give
me relevent cites, laws that will stop
GA from applying, Cook vs St to deny
prisoner their right to seek a out of
time appeal ( in the trial courts or court
of Appeals). The habeas court has already
denied several people in this person
when they has never had an appeal
from their jury trial on like myself
never had an counsel of 1st direct appeal.
-2-
Well aware of "Law of the Land" precedent
cases by the US Supreme Ct .; sucha: Gideon
vs Wainwright (1963) ; Douglas Vs Calif. (1963) ;
Cronic, (1984) ; Evitt vs Lacey (1985); etc,
etc.
But Courts here do not seem to care.
GA Supreme in Atkins v Martin (1972)
229 Ga 815 state, A writ & habeas corpus
is never a substitute for appellate review
to correct mere error of law"... " The
function of the writ of habeas corpus is not
to determine the guilt of innocence of a
person accused of a crime and is not a sub-
stitue for a review to correct error of law."
Get now, all of the prisoners seeking
their right to appeal /out of time appeal
have to go to the Habeas court if you have
facts/evidence of your innocence how
can the HC court have juridiction
over an out of time appeal when the
appeal looks at guilt or innocence ?
Can you help me out or point me to
someone who can.
Thank you for your prompt response
to this ltte an peace be with you.
Yes, I am a member :).
Respectfully
:)
-3-
Dans-DOC
transcription
20 Dec 2022
Tyler Walton Esq
Jailhouse Lawyers Initiative
Bernstein Institute of Human Rights - NYU Law
GA
RE: Information/Assistance
Deaw Tyler Walton, Esq. ;
Sir, I am most grateful to be a
part of Jailhouse Lawyers Initiative and to
receive all the information your program
has sent to me. I have used somogy of it
in cases I have worked on for some of
the prisoners I have assisted.
However, there is a group of us
prisoners ...Veterans... that really
need assistance in our cases as well.
Veterans, like myself have some very
strong issues that need to be addressed
but the counts here in Georgia simply
do as they please.
-1-
We, A and some assistance in these
areas to free, Veterans from harsh
and cruel sentencings and lack of juris-
diction to try an active duty service
member. EXAMPLES:
1) GA lacks jurisdiction to try active
duty service members but does
without waives and even sends
service members to prison who
have not been discharged from the
military.
(There are 3 Veterans how incarcer,
ated, tryed and convicted, while on activeduty)
2) Service members and veterans always
receive the maximum sentence, plus
more serving time
3) often without parole being provide
or denied over and over again simply
for being a veteran.
Veterans cause the least problems in
prison, are often working on details,
but can not get parloled. In many
cases, because Veterans are not from
Georgia and have no address to parole
to. Veterans are treated poorly as well.
What I need is any assistance
-2-
you or any one in the program can
provide me ie cases, research
areas, any thing that can help me
help our Veterans who can
not get free for a Nation they served
with honor.
I'm sure the public has been
kept in the dark about how Veteran
have been treated by Georgia's corrupt
judicial system.
Please respond to this letter and
I await your prompt response.
Peace & joy be within you all this
Holiday Season.
Respectfully,
prose, Veteran
Ps: Another area is ... Veterans can not
receive equal medical treatment be-
cause state prison (in Georgia) does not
allow its Veterans to receive VA medical
care. So veterans suffer needlessly
for things the state prison will not
take care of. Need help!
-3-
Dans-DOC
transcription
Today's Prison Death
28 Nov. 2023
29 Nov 2023
The foolishness and craziness and t
he violence never stops no matter
which prison I end up in. On this
glorious day an officer female was
harmed and two prisoners were stabbed.
I should feel safety here at ,
a private prion because there are
more staff officers on duty during the
Week day than my last prison… State Prison.
But speaking from a professional
stand point as former military senior
non-commission-officer. The quality of
and the training of prison staff/officers
are just as poor, nonexisting at both
state -of private prisons. It is truly part
of the very real reason so many
prisoners are being seriously harmed or
Killed ... as well as officials in prison.
Also true, is the fact that so many
young people in prison (under 40 yrs old)
have bent-minds ... being brought
up, raised to believe violence is a
first response to any type of dis-
agreement, conflict they have with
anyone. It is also, so sad to see
when ignorant people pull out shanks
(a blade) first and if it's a gang boy ...
well, it may be shanks to jump on one
guy.
Doing time has shown me the
ugliness of humanity which is not just
the violence in prison It's also the
thousands of people on the outside
with their lackadaisical attitudes
not to view prisoners ; nor care for
the welfare of prisoners ... who are
human being. People on the street tend
to forget that prisoners are human beings,
people, fathers, mothers, sons daughters,
brothers sisters ... a dearly love one
part of a family. A person stripped
of not just his or her freedom but removed
from their family. Whether incarceration
was justly sought, lives were drastically damaged,
families town apart, and sentencing often
harsh, not always just. Families suffer
more with a love one incarcerated.
It is horrific for a family to find
out that their love one will not be
returning home because he or she was
killed in prison ... over a conflict that
did not have to end in a death.
Overall, staff and officers are at fault,
not able to adequately ensure a safe
prison environment exist in prison.
Improperly framed prison officials
with poor attitudes and seriously lacking
the necessary skills need to work in
a prison setting is a cause for prison
violence and death/ killings.
Sad it is that most killings and
violence goes unnoticed by the public
because news medias do not care to
report prison violence. People are not
well informed about prison life unless
a family member gets involved in the
true cause of a love ones death.
When any ones life is unjustly
taken, cut short from a violent prison
act ... all of humanity suffers.
Especially the suffering felt by prisoner's
family ... he or she is not coming home.
Peace be within you all