Friday, September 24, 2004
This will be a work in progress..more stories will be added.
“ DRUG CHARGES DROPPED". TRUE! I was not a resident or nor had resided at the house for several months. (Where a large amount of methamphetamine was found). In fact, I did not reside at either place where the illegal drugs and paraphernalia were recovered. But, this paper did run on the front cover... Saying that it was mine. The dope was not mine, nor did not live there for several months. So therefore, all of the charges of drugs and pharapherilia and intent to distribute all have to BEEN DISMISSED. Of course that was not the end...the powers that be are very intent on sending me away... so...levied other charges against me. To protect the innocent. I will not be naming any names. Only wish to state that there were bogus charges. The JURY saw though state's case. And dismissed all charges against me. I am trying to move on with my life and put the mistakes in the past. I know I have allotted of people out there ...that would like to see me go back to prison. . And will do anything it takes to achieve their goals. I would just like to be left alone and be able to move on in life! Like i said before...I have made mistakes and I have paid for them. That is all in the past and I intend to have a successful future.
NOT GULITY-NOT GUILTY
NOT GUILTY-NOT GULITY NOT GUILTY NOT GUILTY NOT GUILTY Saturday, September 11, 2004 A JURY WAS CONVENED TO HEAR THE CHARGES, THAT THE JUSTICE SYSTEM HAD FILE AGAINST ME. I WOULD NOT ACCEPT THEIR GENEROUS OFFER OF A PLEA BARGAIN. SIMPLY… BECAUSE, I WAS NOT GUILTY HAVE SAID CHARGES! So, a Jury was called to hear my case. If the remark made by the judge to the jury is correct. This trial cost the taxpayers of Uintah County, $100, 000.00. AFTER TWO DAYS, THE CASE WAS GIVEN TO THE JURY. When they came back in and were asked to present their verdict. It was NOT guilty. I wish to thank the Jury for the close attention they paid to the evidence and saw through that the real motives for putting me on trial which I feel was’ nothing SHORT of a vindictive effort' by the Detective and the AP&P & The presiding JUDGE and the D.A. to railroad me into serving a long prison term. In this case unwarranted prison term. For the several months have sat in prison on 18 allegations by my parole officer. ((Allegation - statements affirming or denying certain matters of fact that you are prepared to prove) my name has been on the radio and the newspaper with this false allegation. (I am demanding the papers and radio print a retraction). You know the Newspaper and Radio always report everything. BUT, when a person is innocent, they do nothing to correct the false information. That they have reported. They should correct the injustice. So, I am requesting that they do print a retraction. (I have paid my debt to society. I am trying to get over my problems. It is difficult when they proceed to use tactics that are set up to entice you to break the law. Unlike others, I refused to play that game. So, because they know that I am pursuing their actions. With legal action of my own. They are 'HELL BENT ON TAKING ME DOWN-ONE WAY OR ANOTHER!') It is a far different story, when I am guilty. I take the charges and do the time! But when they place false charges against me. Then I will stand up and fight! So, The Justice system here is furious with me. Because, I called in the ACLU. Why, because I had in independent drug screen done while going through Drug court. There's showed that I was dirty. (I was on an antibiotic at the time) The independent showed that I was not DIRTY! They refused to accept the test therefore violated my CIVIL RIGHTS! (I felt that, the drug court was violating a lot of people rights). So, I have been on this journey with them of WANTING TO PUT ME AWAY! So that I cannot take legal action against them! The last ordeal began, One day, they came in disguise, Dark sunglasses and hats pulled down over then heads, an undercover car...got out with guns. I did not recognize them and I saw the gun and began to run. Then AP&P OFFICER CALLED and identified himself and I stopped. They found NO drug on me or anything else! But that is not what they reported to the newspaper and radio stations and court and Board of pardons. They, however still reported that they had found meth on me. The local news put it out there as the truth. (THE METH THEY FOUND AT ANOTHER LOCATION!) I used to live there several months past. I was not residing there at the time of my arrest! But, they charged me anyway! SO, I GOT THE DUBIOUS HONOR OF SHARING THE FRONT OF THE NEWSPAPER WITH SANTA CLAUS!) The radio touted the false charges on the news report for two days. I was given 18 Allegations (allegation - statements affirming or denying certain matters of fact that you are prepared to prove) and sent back to ALL OF THE allegations was DROPPED. When I had my hearing with the Board of Pardons, All of the! (Allegation were unproven so therefore dropped) I was given a parole date! THEN, AP&P OFFIECER PLACED New charges against me. (So here we go again) Therefore I lost my release date. I sat prison for months on allegations that where dropped. Then on new charges that AP&P conjured up! I was offered a couple of plea bargains by the D.A.s office. I refused them. So I was brought to trial and the jury found me NOT GUILTY! Thanks to the Jury for seeing the truth. I still have the resisting arrest charge to face. I will call for another jury trial. More expense to the County taxpayers. Hopefully I will get another keen and attentive jury that will see though the hoax of charges. That is one reason that I am starting this blog page. It is for people like me who have stories to tell about the judicial system in the Uintah Basin area. OR THE U.S.A. Just about any type of help that you will need in Utah will be posted on this site. I will be adding more as times go bye. I will encourage you to tell your stories, THE GOOD, THE BAD, THE UGLY. Experiences with the JUSTICE DEPARTMENT IN THE UINTAH BASIN AND THE USA. I have had good experiences with many law enforcement people that have been fair and treated me with respect and I respect them for it. I am after all a human being. We all our human beings. Some of us have problems And we have paid our dues to society. It is when certain individuals (Who I feel ..........have a vindictive agenda to achieve) set their sights on putting me away. They use their power of their position to put me away, even if I am 'innocent of the charges'. In researching sites to be placed on this blog I have discovered information 'that is mind-boggling'. The amount of people being sent to prison because of drug habits is SHOCKING! In the United States of America, 876 people out of 100.000 are sent to prison drug Related offfense. In Canada it is 116 out of 100,000; Murders in the U.S. will do three years while a person who receives a Drug charges can do 10 times of the amount of time. Today if nicotine and alcohol was just being introduced into our society, they would be deemed a drug, therefore illegal. Our Government makes big money from tax revenues that it has remained legal. It is time too promote 'Drug law change! ' It is time to find a way to stop filling up our prisons with our loved ones! We need to start now. Why, we all have children and grandchildren coming up into a world The government makes & thrives off the profit of sending people to prison because of there drug habits. They are put in prison with hard-core killers and such. What does that teach them? Addiction is a disease! Then, has to be a better way of dealing with the afflicted. The statistics out there shows that the PRESENT LAW ENFORCEMENT DRUG POLICES ARE NOT WORKING! It is only destroying lives and tearing families apart! New ways of dealing with addicts need to be created. Laws need to be changed and programs that will work be established. I encourage you all tell yours stories! Get involved with the organizations to help change the laws . That are filling up prison and tearing families apart and murdering our young people. So JOIN the groups that are working to change the laws. Links listed on this page will help you find Lawyers The ACLU information & free advice and fee help. These links Will provide legal, education, and drug rehab sites, for civil or criminal problems. This site will not only educate you. This site will help you locate information for all types of problems in Utah Don’t forget to tell your story here! Make your comments! This is your site... as will as mine we need to start turning failure into success stories. Good luck!
BACK IN JUNE OF 2002..My civil Rights were Violated and I reported it to the ACLU..much displeasure of the local justice system.THE ACLU SENT THE FOLLOWING LETTERS WERE SENT TO DRUG COURT OFFICIALS. 06-10-02 due process concerns in our drug courts June 10, 2002 Governor Michael Leavitt Utah State Capitol Salt Lake City, UT 84114 drug testing facility used by the Eighth District Drug Court in Uintah County. The complaints make several allegations, including cross contamination of specimen at the Uintah County Jail drug testing laboratory, refusal of the drug court to allow participants to pay for their own tests at independent laboratories, refusal to consider participants prescription medications and their effects on drug tests, and the refusal of the drug court to allow participants to challenge contested drug test results. If these allegations are true, the problems listed above are grave violations of the drug court participants Due Process rights. Although the ACLU of Utah adamantly supports the drug court program, these potentially devastating violations of personal liberty must be addressed and corrected immediately. We urge you to take a hard look at this problem and delegate proper funding to the program in order to correct the inadequacies of the drug testing facilities used by the smaller drug courts in Utah. It was recently reported that the drug court program was allocated $500,000 in federal funding (See attached article). The ACLU of Utah requests that the majority of this funding go to correcting these systemic problems. If you have any questions about the ACLU of Utah’s concerns please contact my office. Sincerely, Janelle P. Eurick Staff Attorney _________________________ June 10, 2002 Mark Thomas Administrator Eighth District Drug Court 152 E. 100 N. Vernal, Utah 84078 RE: Governmental Records Access and Management Act (GRAMA) Dear Mr. Thomas, The ACLU of Utah has been informed of several questionable situations regarding the accuracy of drug tests performed at the Uintah County Jail, pursuant to drug court rules and procedures that potentially raise serious constitutional violations of due process for those tested. In order to understand more about the complaints we have received naming the Eight District Drug Court and pursuant to the Utah Governmental Records Access and Management Act, Utah Code Ann. §§ 63-2-101 et seq., the ACLU of Utah requests the production of any procedures and or policies in existence prior to or on the date of this request regarding the administrative procedures required for drug testing of participants in the Eight District Drug Court, including, but not limited to: The rules and guidelines for participants in the Eight District Drug Court Program (“Drug Court”), including applicable evidentiary and procedural rules The rules and procedures for drug testing of participants in the Drug Court The rules and procedures for retesting challenged drug test results The rules and procedures allowing drug court participants to pay for their own drug tests in the case of a challenged drug test result The rules and procedures for introducing contradicting drug tests into evidence The names of facilities contracted with to conduct drug testing for the Drug Court The rules and procedures followed for requesting that a drug test be performed by a different facility than the one who conducted the original testing The rules and procedures regarding storage and transportation of participants drug test specimen Any other documents, rules or procedures regarding the drug testing of participants in the Drug Court program. If you have any questions about this request, please contact me. Please bill my office for any reasonable copying charge associated with providing the above information and documents. Thank you for your prompt attention to this matter. Sincerely, Janelle Eurick Staff Attorney ACLU of Utah Cc. Governor Michael Leavitt _________________________ June 10, 2002 Corporal Denile Gale Uintah County Jail 152 E. 100 N. Vernal, Utah 84078 Joann Stringham Uintah County Attorney 152 E. 100 N. Vernal, Utah 84078 RE: Governmental Records Access and Management Act (GRAMA) Dear Ms. Stringham and Mr. Gale, The ACLU of Utah has been informed of several questionable situations regarding the accuracy of drug tests performed at your facility, potentially raising serious constitutional violations of due process for those tested. In order to understand more about the complaints we have received naming your facility and pursuant to the Utah Governmental Records Access and Management Act, Utah Code Ann. §§ 63-2-101 et seq., the ACLU of Utah requests the production of any procedures and or policies in existence prior to or on the date of this request regarding the collection, handling, storage and methods of testing specimen in your laboratory, including, but not limited to: Procedures used for handling and processing specimen collected for drug testing Procedures for introducing control samples Chain of custody procedures for the tested specimen, including procedures used to prevent cross contamination of specimen Storage procedures for specimen including policies on retaining specimen for future testing in the case of a false positive/ challenged test result Procedures for re-testing a specimen when the result is contested Contract or other documents authorizing your laboratory to conduct testing for the Eighth District Drug Court Any documents from the Eighth District Drug Court to your office mandating rules, policies, or procedures to be followed while testing drug court participants Names and locations of any other laboratories you submit tests to on a contractual basis Procedures for sending contested test results to another facility for testing If you have any questions about this request, please contact me. Please bill my office for any reasonable copying charge associated with providing the above information and documents. Thank you for your prompt attention to this matter. Sincerely, Janelle Eurick Staff Attorney ACLU of Utah Cc. Governor Michael Leavitt in the courts in the legislature in the news publicationshome rights violated? about the aclu support the aclu join the aclu Link: http://www.acluutah.org/ltr061002.htm
HOW TO REPORT A CIVIL LIBERTIES BY A JUSTICE EMPLOYEE Office for Civil Rights The policy and mission of the Office for Civil Rights (OCR), Office of Justice Programs (OJP) is to ensure that recipients of financial assistance from OJP, its component organizations, or Office of Community Oriented Policing Services (COPS) are not engaged in prohibited discrimination. The primary objective in accomplishing this mission is to secure prompt and full compliance with all civil rights laws and regulations so that needed Federal assistance may commence or continue note:Individuals or groups who are aggrieved by the funded agency -- that is, if they claim to have been denied the benefits of, excluded from participation in, subjected to discrimination under, or denied employment in connection with any program or activity -- on the basis of race, color, national origin, sex, disability, religion or age -- can file a complaint with OCR. OCR is required by law to investigate complaints of discrimination filed against recipients of financial assistance from OJP, its component organizations, or COPS. OCR's goal, both in conducting compliance reviews and in processing complaints is to reach voluntary compliance with the recipient agency so that funding may commence or continue. However, when an agency is recalcitrant or refuses to comply, OJP is obligated to make a determination of "noncompliance" that may result in suspension or termination of OJP or COPS funding. http://deseretnews.com/dn/view/0,1249,405010161,00.html Utah getting $500,000 to support drug courts Utah will receive $500,000 from a $34.19 million grant that will support drug courts throughout the nation, U.S. Attorney General John Ashcroft announced Thursday. The award from the Department of Justice will help 31 states and two U.S. territories plan, establish or improve drug courts. Through successful completion of the program, nonviolent drug offenders are able to have their charges dismissed or sentences reduced. Participants meet regularly with judges, who closely monitor offenders' treatment and participation in educational, vocational or community service activities. Offenders must submit to routine drug tests. The courts have increased 50-fold in the United States since 1995. Utah has 14. Link: ! Link: REPORT A CIVIL LIBERTIES VIOLATIONS BY A JUSTICE EMPLOYEE HOW TO REPORT A CIVIL LIBERTIES BY
Drug courts fundamentally uprincipled.
In a law review article, Colorado Judge Morris B. Hoffman writes, "By existing simply to appease two so diametric and irreconcilable sets of principles, drug courts are fundamentally unprincipled. By simultaneously treating drug use as a crime and as a disease, without coming to grips with the inherent contradictions of those two approaches, drug courts are not satisfying either the legitimate and compassionate interests of the treatment community or the legitimate and rational interests of the law enforcement community. They are, instead, simply enabling our continued national schizophrenia about drugs." Link: http://www.drugwarfacts.org/drugcour.htm
