Dark Ages above - 2002 below
April
7, 2002 Captain
Don Van Buskirk
Re:Shasta
County Jail
Dear
Captain VanBuskirk: I
am writing to follow up the phone conversation on Friday, where you gave
me a brief description of what happened to Jerry Wayne Morgan.You
stated that Jerry showed his fist and was taken down by the guards, and
put into a holding cell where he himself banged his head against the wall,
and was put into medical. Well
the guards gave you and the Sheriff a nice sounding song and dance, but
it does not agree with the facts that I have since learned, that show another
side of the story that may just fit the evidence of Jerry’s injuries, and
why he was in medical for “about a week,” obviously not minor injuries. I
received a letter from Jerry dated April 3, 2002, and he had received no
mail from me at this time about this incident.In
this letter he stated that, “they had me in medical about a week.”Then
he wrote that he is back up in a single cell in the hole.Then
he wrote, “I’m still hurting all over from the beating the Guards gave
me.What a place.So
far they are staying off my head—not like before.” Now
does that sound like Jerry was hitting his own head on the wall, it sounds
to me like he got a severe beating, and “about a week” in medical before
they would let him be seen.He
states that he is hurting all over from the beating, and they stayed off
his head, so no complaint about a hurting head.I
think you and Sheriff Pope have been lied to big time, and that a through
investigation needs to be done and not a cover up, that includes talking
to the Inmates for their side of the story, and this needs to be done in
the Shasta County Jail. I
told you that this is a high profile case that has been followed for the
last two years by the major news media in California; Jerry’s is the first
Three Strikes case to be totally reversed as to the strikes and plea.He
should have been set free at his first hearing upon arrival back in Shasta
County, but do to the egos of the Judge and District Attorney, they are
trying to turn these minor cases to find him guilty of something, having
spend 4 years in state prison for a minor altercation with girlfriend,
which incident took place in Tehama County.The
second incident they dropped when they coerced him into a plea, telling
him he would get a better deal.Which
was a fire in a mobile home with aluminum wiring, which Jerry said he did
not start.Here is some of
what the Third Appellate Justices had to say about this case: DEPUBLISHED OPINION
People
v. Morgan
(2001)91 Cal.App.4th 1324 [111
Cal.Rptr.2d 502] We
have reviewed the record for error.We
hold, given the serious penal consequences of the “Three Strikes” law,
that it is the duty of defendant’s counsel, in advance of a plea or trial
predicated upon convictions charged as strikes, to determine, on the basis
of records which are necessary to an informed decision, whether the convictions
are strikes under the California law, to advise his or her client accordingly,
and that it is ineffectiveness of counsel to fail to do so.
We
conclude on this record that trial counsel was ineffective in failing,
before the entry of plea, to obtain the records of the out-of-state convictions,
from which it could be determined whether they were strikes under the California
law.
II“The
pleading – and plea bargaining - stage of a criminal proceeding is a critical
stage in the criminal process at which a defendant is entitled to the effective
assistance of counsel guaranteed by the federal and California Constitutions
[Citation.].”(In re Alvernaz
(1992) 2 Cal.4th 924, 933; In re Vargas (2000) 83 Cal.App.4th 1125,
1133.)“Before entering his
plea [a defendant is] ‘entitled to rely upon his counsel to make an independent
examination of the facts, circumstances, pleadings and laws involved and
then to offer his informed opinion as what plea should be entered.’ . .
. Since
counsel had not investigated the critical facts whether any of the prior
convictions alleged in the complaint complied with the California Three
Strikes law and allowed or advised his client to admit to convictions under
an inapplicable statute, and since it is not possible to determine the
outcome of a trial or plea bargain conducted on the basis of adequate information,
our confidence in the outcome of the plea bargain has been thoroughly undermined
. . . . In
determining the truth of a prior-conviction allegation, the trier of fact
may “look to the record of the conviction --but no further . . .
.” . . . Under
these circumstances, the remedy required by law is to reverse the judgment
and sentence, vacate the defendant’s plea, and remand the case to the trial
court for further proceedings. . . . The
judgment and sentence are reversed and defendant’s plea is set aside.The
case is remanded to the trial court for proceedings consistent with
this opinion.(CERTIFIED
FOR PUBLICATION.) Now
do you understand why Jerry and other prisoners are so angry, this is how
they are being treated by the so-called justice system.Every
prisoner that is being represented by Public Defenders, which I call Public
Pretenders, are suffering from ineffectiveness of counsel.Jerry’s
current Public Pretender has not once come to the jail to visit Jerry,
except 10 minutes before a hearing he will walk into the public holding
room and try to convince Jerry to agree to what they have come up with,
and they are doing the very same thing to Jerry that the Third Appellate
just overruled.
The
Third Appellate wrote the opinion twice as the Attorney General asked for
a Rehearing, which is automatically granted and then wrote an even stronger
Opinion on Rehearing which was also published.Then
the Attorney General took the case for review by the California Supreme
Court, and they let the Opinion stand, but did allow that it be depublished,
which we have discovered is what happens to Defendants when they dare win
a case.
I
became involved in this case when my neighbor got 135 days in Shasta County
Jail, and I innocently called Sheriff Pope when he complained that there
was human waste all over his cell, and he just wanted cleaning material
so he could clean his cell, and the guards would not clean the cell or
provide the material for cleaning.He
received a lot of retribution for my calling Sheriff Pope, and at 4 a.m.
they threw in the cleaning material with some smart-ass remarks.But
Jerry was his cellmate for about a week, and he wrote me asking if I would
write to him, as he had no one who would write to him.He
was a total stranger and I started writing to him, sharing Christian material
and trying to keep him sane through a satanic hellhole called State Prison.I
thought he would be treated better in Shasta County Jail, and have since
learned it is no better than the State Prisons.The
same psychological torture through lockdown (a form of mind control), the
same cruelty and being set up by the guards, the same SATANIC HELLHOLE.
Below
I have listed some links on the subject of brain washing, psychological
torture practiced in prisons, lockdowns, which will bring you up to speed
on this subject, and what is actually being practiced in the California
Prison System and Shasta County Jail. There is the
possibility that this beating was a retribution for the last phone call
I made to Sheriff Pope, asking about Jerry being moved and not allowed
visitors.There have been no changes
made since this was brought to your attention, and using lockdown or withholding
mail as punishment, is a form of torture and mind control which should
not be the business of jail personnel, if the inmates need treatment they
should receive their medication and treatment from those who are trained
in medical or psychological treatment.Guards
are not nurses, doctors or lawyers, and withholding treatment is cruel
and unusual punishment. By
writing this letter I am giving you and Sheriff Jim Pope Judicial Notice,
that no retribution be given to Jerry Wayne Morgan or other prisoners that
speak out, or myself, as my witness before God Almighty, you will be accountable
on Judgment Day for anything that happens to anyone that stands up and
tries to tell the truth about what is really happening in the Shasta County
Jail. I
will expect that a true investigation be commenced and corrective measures
be taken to remedy the treatment of even the worst of prisoners, and many
are in jail who should not be there due to circumstances, they should not
be subjected to beatings and cruelty. Thank
you for your attention to this matter. Janice cc:Sheriff
Jim Pope E-Mail:Various
Interested Parties Links: The
Soviet Art of Brain Washing
Mind
Control in the California Penal System
Solitary Confinement
Torture in the U.S.
ACLU
Prisoner Rights |
More Links on Lockdown
Control Unit Prisons in the United States
Lockdown
Amnesty
International targets INS for treatment of 9/11 detainees