Edson Gelin
I wish the world could read this letter so that they could know this:all letters
Edson Gelin
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Dear Jhody Polk,
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9-5-19
My Name is EdSON Gelin and I am a federal inmate at [redacted] serving 600 month (50 year) sentence for NON-violent offenses. Yesterday, on September- 4, 2019 I received, for the first time, a Spring/ Summer edition of "Guild Notes." ON pages 17-18 I read about the "Jailhouse Lawyers"Initiative" and "Legal Empowerment is Abolition" law school tour. Hopefully, by the time you receive this letter, the tour hasn't passed through the State of Florida as of yet. Nevertheless, whether it has or hasn't, the following issues are of utter importance No matter which state the tour has passed through. Currently, I am a law clerk at this institution's law library and provide legal assistance to fellow inmates. IN Addition to my own dilemma, I have heard countless stories of injustices inflicted upon defendant that are grossly demoralizing and extremely disheartening.
While awaiting federal prosecution, several of these prisoners were housed in County jails that offered little to no access to law libraries. IN fact, many have ever told me that hat the jails they were housed in had No law library at all and required prisoners to submit specific case law requests to outside entities of the jail, which would then provide those specific documents requested. These apparent atrocities have substantially contributed to the Mass incarceration in this Nation's penal system. Defendants are, figuratively speaking, "led as sheep to the slaughter," and, more often than Not, accept UNwarranted and ridiculous plea bargains. Those who have enough courage to actually exercise their Sixth Amendment right to a jury trial, do so blindly, with little help of assistance from public defenders and CJA Counsel, and lose trial, essentially, because of pre-trial unpreparedNess.
I believe that these instances, which begin at the inception of a criminal case, were specifically designed to deprive criminal defendants the opportunity to effectively learn about their Institutional and statutory rights to utilize Due Process of Law. Similarly, in my own circumstance, although the [redacted] allowed inmate access to the law library through Lexis Nexis, the process was arduous Nonetheless. I was required to submit an electronic request and had to wait, on average, two weeks for that request to be fulfilled. I would then be placed in a single cell with a laptop computer to access cases and given paper and a pencil to jot down as much information as I could within the 15-60 minutes given. I commonly found myself being asked by correctional officers to show other inmates how to Navigate the system, since officers were prohibited from helping inmates learn how to use the computers. The average two to three times per month of law library [cut off]
Speedy Trial Act requires federal prosecutors to commence trial within 70 days from the date a defendant was arrested.
Defendants at Federal Detention Centers (FDC) are at a greater advantage in fighting their cases, because law library computers and printers are stationed within the dormitories, allowing those inmates ample time to research their cases and print out documents for convenience. Needless to say, had I been held at an FDC, there is an astronomically strong possibility that I would Not have the current conviction and sentence, due to issues I managed to discover only after I was transported to federal prison and afforded adequate time to legal research. AN effective criminal defense starts with the criminal defendant, because the defendant Knows, or should KNOW more about the facts of the case than his Attorney. Therefore, by having, what I would consider, an adequate law library system, as is prevalent at an FDC, is imperative to the Equal Protection and Due Process standards of law. Access to the Courts such as a sufficient law library system is a "protected liberty Interest, and even defendants who are academically illiterate or ignorant to criminal law can move to benefit from this right, because it creates an environment of will to learn and /or seek help and assistance. Although I don't have the statistics to prove it, it would be safe to conclude that Federal Criminal Defendants housed at Federal Detention Centers are more likely to have, and "have" had, more favorable outcomes in their criminal cases than Federal Criminal Defendants held in County Jails and Correctional facilities. Therefore, the deprivation of sufficient law library access for criminal defendants is a whole, whether in state of federal custody violates Equal Protection and Due Process. In light of these issues, there should be aN "Initiative" to guarantee that all defendants are given access to these rights. Correction: They should be given "equal access" to these rights
Next, legal resources are also extremely important, because the vast majority of criminal defendants CANNOT afford legal representation and are at the mercy of underpaid appointed counsel who commonly shirk their work in these types of cases, but place stronger emphasis on their paying clients. Legal resources in the form of paralegals, NON-profit organizations and pro bono attorneys help to even the playing field in our judicial system, but unfortunately, many of them have substantial caseloads which precludes them from offering much Needed assistance to defendants whose cases have time constrained deadlines. This problem leads to defendants serving sentences that are UNconstitutional, excessive, and UNwarranted. Therefore, more legal resources are Needed in every category of criminal defense.
I would also like to see more training for jailhouse lawyers that allow them to effectively learn about criminal law, efficiently study and research these laws, and sufficiently raise cognizable issues to avoid the saturation of frivolous claims in today's courtrooms. Finally, in spite of my current 600 month (50 year) sentence, I am both faithful and adamant that I "will Not" serve even a significant fraction of this time and have been pursuing a career in criminal defense. Although I am still uncertain about what -> Next Page
path I want to take in this field once I'm finally released, I believe that it is extremely important to provide Jailhouse Lawyers some sort of monetary incentive to either further their education in criminal justice or assist in their endeavors to overturn wrongful CONVICTIONS. IN addition, Jailhouse Lawyers should be given exclusive access to legal authorities that usually take longer for prisoners to receive in places such as United States penitertiary facilities. Lockdowns are so prevalent at these facilities that months can to by without a defendant realizing that binding precedent or legislation has been passed. Substantially hindering habeas corpus applications. I Can go ON and on about the specifics of these issues, but the time would fail me if I persist. I just hope that the above Information is useful for this much Needed "Initiative"and Tour." Please do Not hesitate to contact me for any additional input. I thank you for taking the time out to read this letter, I salute you for all the work you're you've put IN, and I salute wish you the best in all of your endeavors. You can reach me by writing to: Edson Gelin [Redacted]
P.S. Although my case is currently Reading in the Eleventh Circuit Court of Appeals, any help, assistance, alliance, referal, and for moral support is greatly encouraged. As in the words of W. E.B. DuBois, "the cost of liberty is less than the price of oppression."
[Redacted]
Edson Gelin
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5-3-23
Dear [Redacted]
Thank you for your February 26, 2023 correspondence. At first, I was afraid you wouldn't receive it since I didn't have your official address, but I'm glad that JLI was able to forward it to you. I sincerely apologize for the length of time it has taken for me to respond. Despite being incarcerated, I've been busy engaging in several litigations, which I will elucidate briefly later in this correspondence. Additionally, I am a student enrolled in Black stone Institute's Paralegal studies. I also work in this institution's Education Department, primarily, as a law clerk and librarian. Other activities include working as a mentor Within Psychology Service's Challenge Program la residential Evidence -Based Recidivism Reduction program) which provide substance abuse treatment and assistance for prisoners who simply want to improve cognitive and decision. making skills. Before I move on, I felt compelled to tell you a little bit about myself to give you some perspective as to my upbringing, experience, and current state of mind. I am a father of two (one SON who is Now 22 years old, and one daughter who recently turned 7 years old). I am one of five siblings born to immigrant parents who migrated from Haiti for a better life. Both my father and mother have died during this current incarceration. I attended Catholic School ( even though we were Not Catholic) from the first to fourth grade because the public school System where my
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family and I lived was underfunded, provided poor education, and is a byproduct of the typical way of life for marginalized members of society. It was my mother's idea mainly to enroll me and two of my older siblings in private school under which I am greatly appreciative, because it had a positive impact on my life and substantially altered the trajectory of my life in a good way, irrespective of my current plight. Ironically, I started getting in trouble with the law when I was 11 years old (in the 5th Grade after Leaving pri- vate school ) . From that age up until about age 16, I was in and out of juvenile detention center and youth programs. I was even "direct filed" to the adult inil after getting caught with a gun while in high school. It was during this time I met [Redacted] ; a woman that worked for the Miami-Dade Public Defender's Office who had a heart of gold and literally saved my life. Because of [Redacted], I didn't go to adult prison for the gun charge, but was instead, Sentenced as a juvenile and sent to the Glen Mills Schools in Concordville, Pennsylvania. Glen Mills is a Level 8 last chance program for high school level teenage boys and young adults that operates as a boarding school for those all over the country who got in trouble with the law. While I was there between 1995-96, Glen mills even started
accepting troubled teens from Germany.
As much as I hated being there (so far away from my family and friends), Glen Mills was one of the Greatest blessings IN my life. Without the Glen mills Schools, I'd probably be
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worse off in life than I am now. Without Glen mills, I would have probably been dead a long time ago. While I was there, I ran Track and Cross Country, was a member of the student Government, obtained my General Education Diploma (G.E.D.), earned a Vocational Certificate in Basic Journalism, and wrote articles for the School Newspaper. Prior to my release from there, Glen mills helped me to enroll at Florida Memorial College (now Florida memorial University) in my hometown Miami, Florida as a physical education major. I never completed my Bachelor's in Education because I ended up getting in trouble again with the law by the time I was 21 years old. I was arrested for armed robbery and sentenced to 3 years imprisonment. I have to admit that I made a foolish decision at that time because I was still enrolled in college part-time, had a decent job as a customer Service representative at a call center, and had a baby on the way. I entertained the delusion in my mind that I needed to rob so that I could earn some extra money to provide for my upcoming child. I went to jail one month before he was born, and released from state prison one month before he turned 3.
Following that prison term, I worked multiple different jobs, from warehouse, to Chiropractic Assistance at a doctor's office. to New/Used Car Automotive Consultant (fancy word for car Salesman ). Since I didn't feel that a regular job was paying enough, I began selling cocaine and marijuana for extra money. Years later, I moved to the Orlando, Florida oren where I
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continued in my unlawful endeavors. I ended up serving a subsequent 13 month prison term for allegedly selling $80 worth of Crack cocaine to an undercover police officer. Approximately four years after that release, I was federally indicted in this case for drug and ancillary offenses. The federal government charged me, along with xix (6) other individuals, with: (1) Conspiracy to possess with intent to distribute 5 kilograms or more of a mixture and substance containing a detectable amount of cocaine, and 280 grams or more of a mixture and substance containing a detectable amount of cocaine base ("crack"), which both carry a mandatory minimum 10 years imprisonment under 21 U.S.C. 841 (6) (2) (A) and 846(20 years mandatory minimum if prix
drug conviction enhancement is filed under 21 U. S.C. 85D). (2) Several lower substantive offenses under 21 U. S.C. 841 (b) (2) (C), which carry no mandatory minimum imprisonment;
(3) possession of a firearm in furtherance of a drug trafficking crime which carries a consecutive mandatory minimum 5 years imprisonment under 18 U.S. C. 924(c) (1) (A); and (4) a
"Second or subsequent possession of a firearm in furtherance of 6 drug trafficking crime which carries a consecutive 25 year mandatory minimum sentence wider 18 U.S.C. 924 (C) (1) (C).
An eighth defendant was charged in the same conspiracy, but the government cited that only 27. 1 grams of a mixture and substance containing a detectable amount of cocaine under 21 U.S.C. 841 (6) (1) (C), which carries no mandatory minimum imprisonment, was reasonably foreseeable to him. ( Next page)
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It bears emphasis that the latter eighth defendant who was charged under the lesser drug amount is white hispanic, while the former seven (7) defendants (myself included) are Black Haitian- Americans and were charged under the greater drug amounts and substances which carry the more severe mandatory minimum punishment, even though those greater drug amounts and substances were never seized in this case, were not reasonably foreseeable to anyone charged, and the charging disparity between the White Hispanic And the Seven (7) Haitian- Americans was not legally justified. Out of the seven (7) Haitian - Americans, me and four (4) others were convicted on all counts, after a seven-day jury trial, and sentenced to a collective mandatory minimum imprisonment of 1, 680 months (140 years) , where I received the majority of those years (i. e., 600 months or 50 years). The White Hispanic pled guilty and was sentenced to 18 months (1/2 years) imprisonment. Although I may sound biased by saying this, but there was absolutely no evidence or facts establishing that a conspiracy ever existed, Let alone that involved "5 Kilograms of cocaine" and/or "280 grams of cocaine base ("crack)
In fact, half of the defendants IN this case (including the one White Hispanic) I didn't even know Until we all met in jail. Moreover, the government sporadically seized 2,318 grams or less" of a " mixture and substance containing a detectable amount of cocaine," and 42 grams or less of a "mixture and substance containing a detectable amount of cocaine base ("Crack"). The remaining drug amounts Needed to meet the "5 kilograms of cocaine"
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and 280 grams of cocaine base threshold under 21 U.S.C. 841 (6) (1) (A) were fictitious, undetectable, phantom drug quantities invented by the government to ensure that the seven (7) Black Haitian- Americans would be subjected to the mandatory minimum imprisonment irrespective of whether they pled guilty or not, while the White Hispanic would be excluded.
Based on the foregoing facts, the government's actions violated the Equal Protection component of the Fifth Amendment of the U.S. Constitution. See Yick Wo v. Hopkins, 18 U.S. 356, 373-74 (1886) ("Though the law itself be fair on it's face and impartial IN appearance, yet, if it is applied and administered by public authority with an evil eye and an UNequal hand, so as practically to make UNjust and illegal discriminations between persons in similar circumstances, ... the denial of equal justice is still within the prohibition of the Constitution."). Although I
initially informed my CJA counsel of the overt racial and ethnic discrimination committed by the government, none of these issues were presented before the district court or on direct appeal. See United States V. Gelin, 810 Fed. Alex. 712 (11th Cic. 2020). These issues, however, have been raised by me in a pro se Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255, along with countless other issuer. See Edson Gelin V. United States, Civil Case No. 6:21-cv-01658-CEM-LHP, Civ. Doc. 1.The interesting part about my case is the fact that both the Lead D.E.A. Agent and Assistant United States Attorney
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committed criminal acts under 18 U.S.C. 242 (Deprivation of rights under color of law); 18 U.S.C. 1503(0), 1505, and 1512(c) (Obstruction of Justice); and 18 U. S.C. 1622, 1623(6) (SuborNation of Perjury and Perjury) while initiating the investigation, arrest, and prosecution of this case, which I've reported to multiple government entities that deal with employee misconduct, but to no avail thus far.
Exacerbating the matter is the fact that the district judge (i.e., Judge Carlos E. Mendoza) who presided over this case previously authorized and supervised two separate wiretap affidavits on behalf of the aforesaid D. E. A. Agent (i.e., redacted and A. U. S. A. (i.e., redacted), where the officerits contained false material declarations and several disputed evidentiary facts that, essentially, was supposed to disqualify Judge Mendoza from the case under 28 U.S. C. 455(a) because it created a conflict of interest and presumption of judicial bias in violation of the Due Process Clause. Notwithstanding, this fundamental principle was blatantly disregarded by Judge Mendoza, At trial, this judge abandoned his role as an impartial party and advocated for the prosecution in ways tos voluminous to explain in one letter. It's important to note that my motion to vacate is pending before Judge Mendoza.
As to your question about whether I "have to complete the 600 months?" If Judge Mendoza sets aside the bias and prejudice he exemplified in pretrial, trial, and other post-conviction proceedings involving me, I'll be a free man this year. Unfortunately, there are two criminal justice systems in the United
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States- one for white people under which fairness and equality is oftentimes practiced - and one for Black and Brown people under which inequity And tyranny is commonplace against US, so I've learned, the hard way, that I must err on the side of caution because the unadulterated version of American History has taught me that slavery and Jim Crow has not ended, it has simply been restructured in ways that has been obscured from the general public through the courtroom.
To help you further understand the criminal justice system in this country, it is important to study its history as it relates to Blacks, in addition to American history as a whole. In doing so, I'd like to quote a statement from a book I read a few years ago:
“It is indisputable that the Black man is the most brutalized and dehumanized man in American history. He has been enslaved, raped, lynched, exploited, slaughtered, and robbed of his language, history, land , inventions, music, dance, resources, culture, religion, freedom -- even the right to protect or claim his women and children. The Black mate has been denied the right to earn a living wage, or any living at all, and deprived of anequal education and equal justice under the law. He has been unjustly accused, imprisoned, and executed in the same Nation he built with his sweat, blood, and tears. The Black make is the most likely person to be beaten, sodomized, or murdered by law enforcement; to be underemployed or unemployed (regardless of experience of education); and
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to be stripped of his constitutional (God-given) right to own a firearm to protect himself and his family than any other MAN or Woman in America"Umoja, Black Love Is A Revolutionary Act (Hazel Crest, IL .: Trojan Horse Press, 2011), p.227.
Since its inception, the American Criminal Justice system has been employed as a "well-oiled machine" designed to keep Black families in the most marginalized position. See Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of ColorblindNess (Revised ed. 2012) (hereafter "The New Jim crow"), p. 2 (" What has changed since the coll-
apse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindNess, it is no longer socially permissable to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don't. Rather than rely on race, we use our criminal justice system to label people of color 'criminals' and then engage in all the practices we supposedly left behind. Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African Americans. Once you're labeled a felony, the old forms of discrimination- employment
discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service- are suddenly legal. As a criminal, you have scarcely more
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rights, and arguably less respect, than a black man living in Alabama at the height of Jim Crow. We have not ended racial caste in America ; we have merely redesigned it.").
I know there are some people (mainly whites) who disagree with the foregoing, but every tree is known by the kind of fruit it bears." See Matthew 7:15-20 ( New King James Version Bible). The following statistics help to substantiate the aforementioned: (1) Whites represent approximately 57.8% of the U.S. Population, while Blacks of African-Americans represent
12.1% (2020 DecenNial Census, U.S. Census Bureau, U.S. Dept. of Commerce); (2) 69. 4% of Whites were arrested for various Crimes in 2019, from murder, to assault, to petit offenses, while 26.6% of Blacks of African- Americans were arrested as such (Crime in the United States, 2019, Federal Bureau of Investigation (F. B. I.), U. S. Dept. of Justice); and (3) an average of 385 Whites out of every 100,000 U.S. residents were sentenced to more than one year imprisonment under state or federal jurisdiction, while an average of 2,203 Blacks or African- Americans out of every 100,000 U.S. residents were imprisoned as such (Prisous in 2019, Bureau of Justice Stat-istics (BIS), U.S. Dept. of Justice). Blacks of African - Americans
make up more than 70% of the prisoner population in America. No other country in the world imprisons so many of its racial of ethnic minorities. The United States imprisons a larger percentage of it's black population than South Africa did at the height of apartheid."Alexander, M., The New Jim Crow. p. 6.
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Thus, based on these disproportionate Numbers, even the most prolific statistician or Mathematician could conclude that the above facts are Not by chance, but by design, and America's so-called "War on drugs" has been the "cash cow for the current mass incarceration of Blacks. See United States V. Clary, 846 F. Supp. 768 (E.D. MO., Feb. 14, 1994) (Federal District Judge providing America's history of racism and concluding that federal crack laws violated Equal Protect- ion because it disproportionately and unconstitutionally targeted Blacks); See also Alexander, M., The New Jim Crow, p. 32 ("The criminal justice system was strategically employed to force African- Americans back into a system of extreme repression and control, a tactic that would continue to prove successful for generations to come?). It is because of racism, inextricably intertwined with the criminal justice system and the war on drugs, that Breonna Taylor, and Many others, have been killed or imprisoned
at the hands of roque law enforcement officers and corrupt prosecuters. See, e.g., United States v. Breft Hankison, Case No. 3:22-CR-84-RGJ (W.D. KY) (former Louisville, Kentucky Police Officer indicted on Deprivation under color of IEw charges Under 18 U.S.C. 242 IN connection to the death of BreONNA Taylor ); United States r. Kelly Goodlett, Case No. 3:22-CR-86-DJH (W.D. KY.) (Same); United States v. Joshua JayNes and Kyle Menny, Case No. 3:22-CR-85-CRS (W.D. KY.) (Same). If not for all of the public publicity surrounding George Floyd's, Ahmad Aubrey's, and other high profile deaths, the BreONNA Taylor case would have been swept under the rug just like so many others.
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Don't get me wrong - there are many people (Blacks included ) who deserve to be jailed and imprisoned for the crimes they can't, and I won't sit here and pretend like I'm some innocent bystander who's never broken the law worthy of some type of punishment - but the blatant hypocrisy of America's criminal justice system is so pervasive against Blacks, that it's laws, and enforcement of those laws, deliberately cater to whites, but severely disenfranchise people of color. Last year, March 29, 2002, President Joe Biden Signed into law the "Emmett Till Antilynching Act" (Pub. L. No. 117-107, Sections 2-3, 136 Stat. 1125), which expanded the Federal Hate Crimes Stat- ute (18 U. S. 249) by criminalizing anyone who "lynches"or conspires to "lynch" another person. Emmett Till was a Black adolescent male from Chicago who was brutally beaters and murdered ("lynched") in the State of Mississippi by angry White mob after he was accused of whistling at a White Woman in 1955. Lynching has always been associated with Whites Killing Blacks. See, e.g., Black's Law Dictionary 18 (11th ed. 2019) (explaining that "antilynching law(s) " were laws ... originally passed to stop all forms of extralegal violence aimed at black people."). The White men who were charged with killing Emmett Till were acquitted as to all counts by an all white jury. Despite early pleas from Till's mother to enact legislation addressing her son's death, it took Congress almost 70 years to pass the Emmett Till Antilynching Act. PUNishment for this crime ranges from Zero (O) to thirty ( Next page )
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(30) years imprisonment, Which means that it has no mandatory minimum. Therefore, anyone who commits this atrocious crime (i.e., the killing of another human being ON account of their race, ethnicity, etc.) can receive probation (no prison time) up to a maximum of 30 years in prison. As stated above, lynching" has always been associated with white people murder- ing black people.
Conversely, anyone convicted for possession with intent to distribute "5 kilograms or more of cocaine," or 280 grams or more of Cocaine base ("Crack") under 21 U.S. C. 841 (b) (1) (A) faces a 10 year mandatory minimum imprisonment with a maximum sentence of Life in prison without any possibility of parole. If the person has one (1) prior drug conviction, they
could face a mandatory minimum 15 years imprisonment, and if they have two (2) prior drug convictions, they could face a mandatory minimum 25 years in prison under this same statute. But prior to the passing of the First Step Act of 2018 (December 21, 2018) , one (1) prior drug conviction could trigger a Mandatory minimum 20 year sentence ( like the one I received,
which was CAN consecutive to the 5 and 25 year sentences for the 18 U. S.C. 924 (c) offerses), and two (2) prior drug convictions could prescribe a mandatory minimum Life imprisonment under Section 841 (b) (1) (A), all, if the prosecution files a prior Notice under 21 U.S.C. 851. More Blacks have been subjected to these mandatory minimum federal drug penalties than anyone On this planet even though whites commit these types of offenses at similar or greater rates. See
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Alexander, M., The New Jim Crow, p. 7 (If there are significant differences in the surveys to be found, they frequently suggest that whites . are more likely to engage in drug crime than people of color.")
In no way am I implying that all white people are racist. [redacted] (the Public Defender who literally saved my life ) is a white woman with a heart of gold, like I mentioned earlier. But there are those who expect ignorance willful blindness, inurement, or just plain abhorrence towards the sanctity of Black life. Based on my own personal experience and observations, I've seen some White people treat their dogs and other animals better than they even treat Blacks. "The implicit protection of slavery embodied in the Declaration of Independence was made explicit in the Constitution," which treated a Black slave as being "equivalent to three-fifths of a person ... " Regents of the University of California v. Bakke, 438 U.S. 265, 389 (1978) (Marshall, J., Concurring in part, dissenting in part). Naivete, stereotype,
demagoguery, and craftiness has allowed systematic racism to hide in plain sight. The success of a handful of publicly recognized Blacks has created the facade that we currently live in an egalitarian society. See Alexander, M., The New Jim Crow, p. 175 ("All eyes are fixed on people like Barack Obama and Oprah Winfrey, who have defied the odds and risen to power, fame, and future. For those left behind, especially those within prison walls, the celebration of racial triumph in America must seem a tad premature. More black men are imprisoned
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baby that at any other moment in our nation's history ). Because of the social-psychological indoctrination de facial hierarchy embedded into our society, it is easy for whites to engage in "unconscious racism and for Blacks to be desensatized by it. In the movie “National Security” starring comedian Martin Lawrence, Lawrence's character (Ear) befriends Hank (a white former police officer who was convicted by for (all Black jury for allegedly assaulting Earl and sent to prison ) During one scene (where they're on a stakeout) Hank confides in Earl as to the killing of his partner, Earl responds by stating: So let me get this straight - your partner got killed , you lost your job, you got thrown in jail, your girl walked, and now you're a security good making $ 180 a week - do you know what you are Hank? You're a Black Man! Although this movie, and many others, were intended to advance a comedic narrative, Earl's illustrations of what a Black Man experiences because of his very existence in America is a sobering truth shunned by those who refuse to accept this reality, See United States v. Clary, 846 F. Supp, 768, 779 (E.D. Mo, Feb. 14, 1994) ("Our historical experience has made racism an integral part of our culture even though society has more recently embraced an ideal that rejects racism as immoral!) ; see also Lawrence, C. III, The I.d. , The Ego, and Equal Professions: Reckoning with Unconscious Racism, 39 Stanford L. Rev. 319, 323 (1989), Alexander, M., The New Jim Crow, 0, 199 ("It is for more convenient to imagine that a majority of young African American men in urban areas freely chose a life of crime
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than to accept the real possibility that their lives were structured in a way that virtually guaranteed their early admission into a system from which they can never escape."). The reason why I've linked the criminal justice system with slavery and Jim Crow is because they are inextricably intertwined, and all three perpetuate the same purpose- i.e., to keep Black people in the most marginalized position in society. Criminal justice in America explains why there are so many single-mother households. The mass incarceration of people of color is a big part of the reason that a black child born today is less likely to be raised by both parents than
a black child born during slavery. See Andrew J. Cherlin, Marriage, Divorce, Remarriage, rev. ed., (Cambridge, MA: Harvard University Press, 1992), 8. 110. Not having a father in the home can be traumatizing for any child. The laws of probability has proven that a child who grows up with both parents is more likely to become a better member of our society than one who does Not. Historic slave owner Willie Lynch ( where the term "Lynching" originated) knew this probability well. In 1712, along the James River in the State of Virginia, Willie Lynch gave a speech before other white slave owners in an effort to help them "control their slave problem" Lynch Promised that if they implemented his system, it would "Control" the Black slaves "for at least 300 years" One of Lynch's methodologies was to "reverse" the relationship be- tween the black mate and black female by "destroying" the (Mest page)
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black male image in ways that might be too graphic to describe in this letter. Nevertheless, through this male figure annihilation, the black woman was left unprotected, where she went from a "natural dependent state” to a “frozen independent state" with her out front, and the man behind. As a single mother , she would raise her son to be physically strong for the purpose of god slave labor , but mentally weak because a woman cannot teach a boy how to be a man. If you ever study the current prisoner population, the vast majority of them come fromimpoverished, single-parent ( fatherless) black households. As a worker in the Education Department of this institution, I've observed that the Recreation Department is the most frequented department at this prisons and the Education Department is the least frequented . Therefore, when you compare Willie Lynch's methodology to today, you see that nothing has changed other than the way racism in America is perpetrated.
Because Mass incarceration of Black people helps to fulfill America's insatiable desire for power, control, and white Supremacy, the cost to keep us locked away as long as possible is a "non-factor" Since media outlets are controlled by "the powers that be," and people have a tendency to believe the many false Narratives created on TV screens, the internet, etc., true
prison and criminal justice reform initiatives have remained stagnant or are vehemently challenged by those who claim to be "tough on crime." I'm Not saying all this to"play the race card,"I'm simply exposing the game for what it is.
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As far as prison life is concerned, I was sent to a high security facility (United States Penitentiary) because of my sentence length (i.e., 30 years or more). These institutions house some of the most dangerous prisoners around the world, from terrorists, to Gang leaders, to those sent here because of their violent behavior at lower level institutions. But what
I've noticed even more about the federal system is that most of the inmates are serving federal sentences for state crimes." For instance, I know a person serving a mandatory minimum 15 years for possession of a firearm by a convicted felon under 18 U.S.C. 922 (g) (1), 924 (e) (Armed Career Criminal Act), after he sas caught with "ammunition (bullets), no gun. Apparently, the ammunition met the statutory definition of "firearm" under 18 U. S.C. 921 (G) (3) , and since the ammunition was manufactured in a different state, it affected "interstate commerce"
warranting federal indictment. I know another prisoner currently serving 20 years for Hobbs Act robbery under 18 U.S.C. 1951 (a) for robbing a liquor store. Since the liquor was imported from another country, it affected "interstate commerce" warranting federal prosecution. Finally, I know countless individuals serving mandatory minimum life sentences for possessing small amounts of crack cocaine under 21 U.S.C. 841 (a) (2), 846, because they had at least two (2) prior
drug convictions which were used to enhance their punishments Under 21 U.S.C. 851. Although federal jurisprudence was designed to punish organized crime, today it is replete with defendants who have committed
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offenses that do not rise to the level of sophistication or organization which warrant government intervention. Crafty prosecutors have simply circumvented the Tenth Amendment so that state- level defendants are brought into the federal system to face harsher sentences. Since many of their offenses are considered violent or involve crack cocaine, they're designated to United States Penitentiaries ("U.S. P.'S"). Rehabilitation at U.S.P.'s are nil because staff have implemented an "Inmate Politics System: that manufactures gang membership, activity, and violecce. As AN example, new arrivals at a U.S. P. are told by staff that " this is an active gang yard." If the inmate is not already in a gang, the staff places them in one by race, geography,
religion, etc. If an inmate is a white non-gang member, he's labeled a part of the "Independent White Boys," if he's a black non-Gang member from the State of Florida, he's labeled a part of the "Florida Boys"etc.
Because of this “divide and conquer technique," it gives staff a convenient excuse to lock down the entire prisoner population at a U.S. P. if a fight occurs between members of different
groups, commonly referred to as "cars." As a result, Education, Religious Services, visitation, and other programs are frequently canceled. I know some inmates who have been trying to
obtain their G. E. D. for several years because of the multiple lock downs that hinder their endeavors. Others miss court deadlines because they're unable to access the law library while in lock down. Families and friends who travel from afar are commonly turned away because of lock downs. The time would fail me to
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elucidate the detriments we face at this U.S.P. Ironically, none of these issues are prevalent at lower security institutions (e.g., mediums, lows, camps); only at U.S.P.'s. This proves that the "Inmate Politics system" is by design. At least half of the year is spent, and average, on lock down. I know a prison ministry that cut ties with this institution because they got tired of being turned away due to another lock down. This Prisons in particular has exerted contempt towards Evidence-Based Recidivism Reduction programs, presumably, because it actually works. Many staff would rather come to work and shirk their duties, and the best way to do that is during lock downs. There are some staff members that are sincere, but they are outnumbered by those who are not. And of course, those prisoners who are mainly affected by these discrepancies are Blacks or African-Americans Since we represent the majority prison populations. Although
electronic tablets were recently offered for purchase, there is absolutely no internet access.
If we're not on lock down, the day starts at 6:30 A.M. where we're called to the cafeteria for voluntary breakfast. Since I'm in the Challenge Program, between 7:30-8:00 A.m. begins
morning meetings which is mandatory for non-graduates of the Program. During morning meeting, news, whether, and sports is reported by inmates assigned for that day. Afterwards is Community Business, Help ups of Interventions for inmates struggling with their behavior, Thought of Word of the day, positive issues and praise, and upbeat ritual. Afterwards,
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non -graduates have process and/or phase groups to continue their treatment, which addresses past negative thinking, behavior, and/or drug/ substance abuse. These types of meetings occur Monday through Friday between 7:30 A.m. to 11:30 A.M. At 12:30 p.m. I'm usually called for work in the Education Department until 2:30 p.m. At 3:30 p.m., we're locked down for the 4:00 p.m. head count. Dinner is served in the cells during this time, which consists of peanut butter and jelly sandwiches, bologna sandwiches, etc. At 5:00 p.m., We're released from our cells where evening recreation is announced, but is voluntary. Lock down is announced at 9:30 p.m. for 10:00 p.m. head can't. If I was in a non-program Unit, my schedule between 6:30 A.m. to 9:30 pm Cculd consist of absolutely Nothing because the Federal Bureau of Prisons ("B.O. P.") no longer mandates that inmates have a job, be enrolled in Educational a Vocational classes, and other productive activities.
As a "Jailhouse Lawyer," my first official victory in federal court was helping another prisoner knock 50 years off his sentence through a pro se 28 U.S.C. 2255 motion I filed for him. While this achievement sounds phenomenal, it is important to note that this prisover still has five (5) Life Sentences and 57 years Left. Had the district court provided the relief I sought for him,
he'd only have 30 years with No life sentences, which would have made him a free man since he's already served more than 25 years. Nevertheless, this small victory has given him a kind of hope he's never had before because this was his first ever post-conviction motion filed, plus I filed
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A notice of appeal where the appellate court has granted him what's called a "certificate of appealability. I think that this system imposes astronomical sentence lengths to break people down spiritually, mentally, and physically, not just upon the prisoner, but on his family and friends as well. A person serving 100 years in prison, on its surface, has no hope at freedom, which can alienate them from loved ones, because when you're locked away, you become "out of sight, out of mind to some.” Considering that this system targets people mainly from impoverished neighborhoods, the probability of having a weak or non-existent family structure is relatively high. Moreover, people from these neighborhoods seldom have the resources to hire a good lawyer and are poorly educated, making it that much more difficult to learn and understand the law. These people are experts in exploiting the laws of probability against those ordinarily ignored by mainstream society. It's a machination that has worked for centuries.
American Jurist Jeremy Bentham (1748-1832) once said that the legal system is "a fathomless and boundless chaos, made up of fiction, tautology, technicality, and inconsistency; and the administrative part of it a system of exquisitely contrived chicquery which maximizes delay and denial of justice." Based on my observation, experience, and personal firsthand knowledge, I strongly concur. This is not to say that the entire system is this way, but when it comes to people who look like me, 99.9% of it is. If I was charged
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with fairness, I'd be home by now, but if all the misconduct Committed by the D.E.A. agent and A.U.S.A. was properly addressed, I would never have been prosecuted in the first place. To say that I absolutely have no faith in the justice system would be an understatement.
The only thing that gives me hope, keeps me going, and assures me that I'm coming home soon is my faith in God and love for my family, mainly my daughter Serene. Hopefully, this statement has not discouraged you in any way. Despite everything I said in this letter, I believe that everyone should be an independent thinker by following your own conscience and doing your own research. For all you know, everything I said could have just been an indoctrination calculated to obtain some form of consensus. But if you do your own research, you can discover the truth for yourself, so I encourage you to do that . Even though the following types of people are greatly outnumbered, I know that there are some good lawyers, decent prosecutors, and fair judges that exist. Therefore, I commend you for being a part of JLI because you guys (and girls) are the ones who effect positive change in a system that greatly needs it. I view my current incarceration as a blessing in disguise, because I've now found my new purpose in life, considering that I've been on both sides of the legal spectrum. "What the devil meant for evil, God meant for good. This is why I'm going to continue my career as a paralegal upon my release from prison, and maybe even become a lawyer even though I'm 45 years old. As long as I'm
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still breathing, it's never to late. But the most important part is getting out of prison which is why my 28 U.S.C. 2255 motion is pending along with two (2) tort claims I've filed against the U.S. Department of Justice for its refusal to investigate the meritorious claims I made against the D.E.A. agent and A.U.S.A. in this case. I ever have a change.org petition online titled: " Free The Haitian-American Five ."
Before I go, I want to thank you for taking the time out of your busy schedule to read this letter. As a former college student, I know how daunting it can be sometimes to juggle schoolwork with everything else. I apologize again for taking so long to write back, but I promise to respond sooner next time. If you have anymore questions for me, feel free to ask. I assure you the next correspondence won't be 24 pages. I'll be as brief as possible next time. In the meantime, take care, God bless, and I hope to hear back from you soon.
Sincerely, Edson Gelin
[Redacted]