Truth, Justice or The American Way



Reporter Ramon Coronado of the Sacramento Bee recently wrote the following article, “Rapist’s Release too big a risk,” which was about “Sentence of man who terrorized capital in the late “70's is again extended.”

Convicted man Larry Buffington, allegedly the “Southside Rapist,” has served his time in prison.  However, a Sacramento Superior Court Jury has sent him back behind bars.

Despite his exemplary record whilst incarcerated, he was once again convicted and returned to Durance Vile.  Allegedly there is a Double Jeopardy Clause in the United States Constitution, that forbids the re-trial of a person for the same crime.  (Apparently that Constitution does not extend to, or have credence in the “California Republic.”)

(The California Republic is seemingly the only sovereign nation within the United States — it even has “California Republic” boldly emblazoned on its national (or state) flag.”

For starters, if a person has served his or her sentence, then, in the eyes of the Law (supposedly) that person has a “clean” slate and may start life anew.

Not so, according to Deputy District Attorney Rich Curry, who maintains that Buffington is still a danger.

Mr. Curry apparently bases this supposition on his “extensive” experience as an un-paid, un-trained and un-qualified Diagnostic Psychiatrist.

After all, if Mr. Curry was truly a good Deputy District Attorney, he would have become a Senior Deputy Attorney or have achieved the Office of District Attorney himself; or followed in the footsteps of other former Assistant and Deputy District Attorneys and become a Superior Court Judge.

Curry, in an effort to curry (pun intended) favor and sympathy for his crusade made some outlandish claims, such as “a serial rapist is focused and has an entrenched sexual disorder,” and “paraphilia is cyclical in nature,” (a through search of the Oxford American Dictionary of current English failed to reveal any such ord as “paraphilia.”).

Possible “paraphilia” is to be found in “parapsychology”(the study of mental phenomena outside the sphere of ordinary Psychology.)

No mention was given in the media report of the supposed qualifications of Curry, but from his “learned” pontificating one must assume that he is a Senior Psychiatrist.

For the edification of the uninformed, a Psychiatrist is essentially a Diagnostician who identifies psychiatric illnesses, phobias and aberrations.  A Psychiatrist is also a M.D. or Doctor of Medicine, who has spent many years studying first medicine, and then Psychiatry.

A Psychologist, on the other hand is a treater of mental or psychiatric disorders that have been diagnosed by a Psychiatrist—normally, unless the Psychologist is also a Psychiatrist, a Psychologist is not qualified to or licenced to diagnose physical or mental or psychiatric disorders.

It would seem that either Mr. Curry is a fantastic and exceptional man who has extensively studied Law, and Psychiatry—or he is a charlatan.

If Curry has diagnosed Psychiatric ailments in or out of Court without a licence to practice medicine, then he must be charged for practicing medicine without a license.

Then, to either prove or disprove the authenticity of the actions of Mr. Curry in working so hard to put Mr. Buffington “away,” let us peruse a report that appeared in FindLaw.com on February 22, 2006, titled “Jury: L.A. Ex-Priest Guilty of Molestation.”

It would seem that a former Priest (that is—a Roman Catholic Priest or supposed Holy man), was convicted for molesting a boy.

It would seem that if any other man were to be found guilty of molesting a child of either gender, then that man is guilty of a felonious crime of the most heinous nature, but if the perpetrator is a woman (and women are just as prevalent as men when it comes to sexual predators, even if authorities do not like charging them), or an Ex-Priest, then the felony is punished in much the same way as a misdemeanor!

Without entering into the argument of guilt and innocence, in the most of the “convictions” obtained against other men and women, in this instance the perpetrator openly admitted to 13—yes thirteen—other molestations over a 36 (thirty-six) year period.

However, in Los Angeles, this Ex-Priest is apparently not a serial offender, or at least twisted (as a layman I cannot honestly diagnose the convoluted twists of the brain or mind of someone like that, unfortunately.)

However, there must be something terribly wrong with the sentencing process that sentenced one perpetrator to 3 years maximum, and another to 16 years.  Then life in a State Hospital for similar crimes.  Either it is basically and intrinsically flawed, or corrupt, or the Jurists doing the sentencing are flawed and/or corrupt, or the entire legal system is corrupt or flawed.

It has been said repeatedly in the media that some states (California and Texas in particular) imprison as many people as possible, to ensure maximum income from the Federal Treasury—which process can only truly be described as “imprisonment (of individuals) for the profit and gain of the States and a select few parasitic profiteers.

Further, it has been repeatedly claimed that entities like the P.I.A. (Prison Industry Authority), and the C.D.C.R. (California Dept. Of Corrections & Rehabilitation), the C.C.P.O.A. (California Correction Peace Officers Association), or Guard Union, and some high ranking Staff at the CDCR, and other allied bodies (Local Sheriff’s, Counties, and Police Departments, etc. etc.).  Would slide into bankruptcy without the added income from their Jails, Prisons, fines and outright theft.

Of course, there also remains the nagging question of how the C.C.P.O.A. can possibly own so many businesses, and so much property—from an island resort in the Carribean on down in the existent financial atmosphere of this Nation, when even major businesses are in financial difficulty—Do I detect a whiff of the stench of misprision perchance?

Then there is the question of the Government usage of slave labor to operate profitable businesses (e.g. P.I.A.) From cattle ranches, chicken and egg ranches, farms, manufactures and workshops, to providing work gangs and fire crews to displaced civilian or wage-earning crews: the slaves, of course, being inmates. . .

Certainly a small percentage of the end product goes to feeding and clothing the inmates, but the “Lion’s Share” is sold both on the general and black markets—enriching select officials and “oiling the wheels of politics.”

In any civilized nation the government will not use slave labor to operate businesses to compete in the market place with ordinary businesses with normal overheads (like Workers’ wages).

This brings to mind once more the “Hickman Affair”; Possibly now is a good time to quote excerpts from Andy Furillo’s story in the Sacramento Bee of February 27, 2006, with the heading of “California’s Correction Chief Rod Hickman shocked Governor Arnold Schwartzenegger’s Administration over the weekend by announcing that he is quitting his job. . .”

The Governor’s statement (as quoted) said: “Rod has served tirelessly as a member of my Cabinet— — for more than two years.  He is a man of tremendous strength, etc. etc.  (Parenthesized at the beginning of the second part of the article are some remarkable words that Mr. Furillo attributes to the President of the California Correctional Peace Officers Association (or Union) Mr. Chuck Alexander: “I think the heat was turning up and that (Rod Hickman) he was smart enough to realize it.”  (Not that it would take a practicing rocket scientist to work out.)

The article goes on to say that Hickman served as the “Frontman” for Governor Schwarzenegger’s promise to bring “fantastic prison reform.”

Then the article went into great praise, etc. for Hickman, before mentioning that he (Hickman) had spoken of a “Code of Silence” by C.O.’s, etc., Union Leaders complained that Hickman’s message implied that this code (of silence, or as the other mafioso, would say “Omerta.”) was widespread, in fact it was and is more than widespread, it is omnipresent!

(This author as frequently stated that people tend to hate most in others what they despise the most in themselves, and fear that others are perpetrating the same Machiavellian machinations that they themselves are perpetrating, and that if a person, entity, or organization is honest, honorable, and—yes—civilized, then that person, entity, or organization is “open and above boards” with NO SECRETS.)

The Clandestine behavior of the C.C.P.O.A. is more than reminiscent of “the family” of Sicilian fame (or infamy)—it is in fact, more of a “mafia” than Mr. Al Capone’s mafia ever was (Mr. Capone was, at least, honest about his evilness!!)

An organization where criminals of every stripe are readily available for use as cat’s-paws, at little or no cost truly does need watching, and, in a civilized society there is no need for secrecy about doings of any Governmental Department.

But—to return to the Hickman debacle:

Mr. Alexander was apparently jubilant over the departure of Mr. Hickman, but, in his jubilation he accidently let his Freudian slip—slip drop around his ankles, and tripped himself up by admitting that “the heat is turning up!”

While Mr. Hickman worked tirelessly for reform, the C.C.P.O.A. worked even harder to undermine Hickman and torpedo reform, and maintain their corrupt empire under the guise of preservation of “the Status Quo.”  As talk and rumor of inquiries and rue (Federal) justice had them (the C.C.P.O.A.), scurrying for cover whilst changing their wet pants!!!

The Union has succeeded in vanquishing Mr. Hickman, and in the process has found a convenient scapegoat.

Meanwhile, State Senate Majority Leader Gloria Ramero, (D. Los Angeles), has publicly criticized the increasing prison population (carefully omitting mention of the huge revenue generated by these same prisoners), and other failures to reform and re-vamp programs etc.  But in a quiet voice, almost as if she is quite happy to see the system the way it is, but, on the other hand, wishing to appear on record as complaining—what we in the real world would call fence-sitting or blowing with the wind.

The upshot of all this is that Ms. J. Woodford has taken up the reins of power within the C.D.C.R.

We must now wait and see if this career officer of the C.D.C. will work for the people of California or for the C.C.P.O.A.

Shortly after the debacle of the Hickman resignation, and interesting article appeared as an Editorial in the Sacramento Bee (on March 1, 2006).

The article described how prison reform has ground to a shuddering halt!

Then it moved on to describe how the Governor’s “Panel” had “denounced” California’s Sentencing Laws (with the rider that these sentencing laws are what are over-populating prisons).

It (the article) then went on to describe how Schwarzenegger had “supported” modification to the State’s ‘3 Strike Law.”

Apparently he then went on and tried to support recommendations to reform Parole Laws—for a while—until the Guards Union (vested interest group I) and the “Crime Victims United” (vested interest Group II) object—which is when he surrendered to the Union without a whimper!

The Article then described how much the Corrections Budget is costing before finishing with the bombshell: “It APPEARS that only something dramatic can change things.  Federal receivership is looking more likely—and more desirable—by the day.”

Also in that edition was an article by Claire Cooper (the Bee Legal Affairs writer) on Parole.  In that article Ms. Cooper described how 3200 overdue parole hearings are causing another backlog within the system.

It seems that some prisoners have been waiting for months, and, in some instances for years beyond the statutory dates for these hearings.  While the delays go on and on, the “overdue” backlog expands exponentially.

What is amazing is that Superior court Judge—Judge Verna Adams of Marin County Superior Court—recently ordered “immediate measures” to comply with the Laws that determine when a prisoner is eligible to be considered for parole.

Judge Adams ordered the State to present a remedial plan at a hearing scheduled for March 23.

Meanwhile Mr. Keith Wattley, and Attorney with the non-profit “Prison Law Office,” predicted that a Court Order will be necessary to assure that funds to pay for fixes (for example-better staffing and record keeping) will be made available.

Mr. Wattley said that the case is not about challenging the Parole System, but about fixing the existing system.  (Sounds to this author, that they might be going to use gasoline to put out the fire though.)

This author truly believes that drastic measures are needed to remed6y the ailing system—not band-aids or placebos.

In the ensuing verbal ‘bun-fight’ some “parole experts” are blaming the backlog on a combination of Legislation and Administrative policies with others claiming (1) that you can hear cases less frequently (deny justice); (2) You can add more people to hear more cases (overcrowd the Courts or spawn a whole new breed of Courts - Parole Courts); (3) You can reduce the prison population who need hearings by granting paroles more frequently or by reforming the Sentencing Laws and criteria.

The background of this part of the quagmire of prison mismanagement is as follows:

One Fifth (20%) of the prisoner population are on “indeterminate” sentences (e.g. x-years to life—which truly means “life” or “never to be released.”)

In 1976, the entire State Prison population was about 30,000 persons.  Then the Legislature passed a broad sentencing reform Law that is still in force today, (one of the consultants to the Legislative Committee that spawned and sponsored the Law was Ray Parnas—more about him shortly).

Known as the “Determinate Sentencing Act,” it was designed almost all prisoners ‘fixed’ or ‘determinate’ terms that would not be subject to parole review.

Where as today there are more than five times as many prisoners incarcerated within the penal system—the law still denies paroles!

Meanwhile, the pressure on the Parole System gets greater and greater (increases “logarithmically” to quote Judge Adams).

However, now, Mr. Ray Parnas (Chief Consultant mentioned earlier) says that only two long-range solutions seem possible: Either eliminate parole and give all prisoners fixed terms, or “don’t lock up as many people.”

Since the early 1970's there have been 22 more prisons build in the State of California, to harvest the plethora of Federal wealth emanating from the wholesale incarceration of more than 170,000 (One Hundred and Seventy Thousand) people—(which is more than half the total number of people incarcerated in the People’s Republic of Ching. [China’s prison population is mere 300,000] which Nation has a population of more than 1,500,000,000 compared to California’s population of less than 30,000,000 or 1/50th of the overall population of China.  Or, on a per-capita basis, twenty five times the entire incarcerated population of China [which includes all interned people of all ages.])

Truly a sad indictment of the Government of California—particularly considering that the President of the United States has repeatedly stated that the People’s Republic of China is barbaric and denies basic civil and human rights!

Perhaps it is time that the “California Republic” quit posturing and re-joined the United Sates??

When the United States expressed interest in annexing the richer parts of Spanish America (Mexico), what is now known as California rushed to join the Union, and agreed to abide by the Constitution of the United States of America!

It seems, now, that an investigation into the State’s Penal System is no longer merely a possibility—it has become an inevitability; and once a truly realistic (Federal) investigation starts, we can but hope that it truly investigates the whole cornucopia of evil within California—from the small County Deputy who raped the male Jewish inmate (while his female sidekick watched), in Shasta County Jail on December 7, 2002, to the Wardens of the State Prisons who sponsor Gladiatorial contests between inmates of diverse ethnicity; Guards that encourage and condone the persecution and even elimination of other inmates by violent offenders; from corrupt Judges and Prosecutors to inept Lawyers and Law Clerks.

From the corrupt small town Supervisors who exhort their police to find innocent people to swell the municipal coffers—to the State Senators, Representatives, and, yes, the Governor/s who are not truly doing their jobs—to the detriment of the entire State.

After all, corruption is pervasive, and if one were to look closely into a Dictionary, one would note that “corruption” not only means “Moral deterioration,” but also means “Decomposition, especially for a corpse or other organic matter.”

Hence the euphemism of “the Stench of Corruption.”

And, Dear Reader, the Stench of Corruption is strong in the California Republic, with the malodorous reek of a week-old battlefield emanating from each and every California Prison, Jail, or Detention or Slave Facility!

The native people of South-west British Columbia, called the Tsewassen First Nation (I think that is the spelling) are a noble people.

The Author has spent a short time amongst those people and found that not only are they extremely civilized and law-abiding, but that they have many truly realistic rules and sayings.

One saying that I recall most clearly is: “Never Judge another until you have lived in his clothes.”

Truly a powerful and apt edict.

Other sayings attributed to Native Americans are plentiful, such as “Before you Judge a man—first walk a mile in his Moccasins.”  (Attributed to the Mohican Tribe and others.

Possibly the only way that we will have “Justice” and a “Fair Deal” in California, is if we lock up all the Judges, Lawyers, Prosecutors and Legislators in a real prison for a few months, before allowing them to Judge others.

Then make it Law that they are accountable for their actions and decisions.

A forlorn hope, and a wasted idea, but if implemented it would work.

Moshe I. Stein, V97051
Mule Creek State Prison
C14-150L
P.O.Box 409099
Ione, CA 95640



Part 2
 

 Moshe I. Stein - Index

 Three Strikes Legal - Index