The Injustice of the Justice System: Based on True Court Cases

Copyright © 2012 by T.M.H. Foote.

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ISBN: 978-1-4759-4167-8 (sc)

ISBN: 978-1-4759-4166-1 (ebk)

iUniverse rev. date: 09/27/2012

CONTENTS

FOREWORD

CHAPTER 1 Bill Meets Boyfriend’s Mother

CHAPTER 2 Arrest and Complaint

CHAPTER 3 The Run of Fear

CHAPTER 4 The First lawyer

CHAPTER 5 Second Lawyer

CHAPTER 6 Bill’s First Trial

CHAPTER 6A The Jurys Verdict

CHAPTER 7 Trial Appeal Lawyers

CHAPTER 8 Reversal; Preparing for second Trial

CHAPTER 9 Third Lawyer/fight to give plea back

CHAPTER 10 The Find

CHAPTER 11 Superior Courts Refusal to accept the find

CHAPTER 12 The State Department of Justice and the State Public Defenders Offices Refused to do anything about the Defective Indictment

CHAPTER 13 The Manchester Supreme Court

CHAPTER 14 Governor, Senators and Congressmen’s refusal to help clean up the State of Manchester Department of Justices effort to illegally charge Bill with a new crime against his Federal and state Constitutional Rights.

CHAPTER 15 MDOC Manchester Department of Corrections

CHAPTER 16 Final Freedom But no justice

This story is based on true facts the names are changed, but the people who denied Bill his U.S. Constitutional rights and protections know who they are and what they did just for the love of the money.

FOREWORD

This is a story about a citizen of the United States who lives in one of our alleged great states. He was accused of a very despicable crime by none other than his middle daughter and her boyfriend.

She was having sex with her boyfriend and he did not want to give her up. Her dad was not going to let her go down to his house to live with him the rest of her life. That was one of Timmy’s and his mother’s goals.

The boyfriend planned this action in order to force Allicia into comply with his desires. He told her what the phone number of the Child Protection Services was. A number he was very familiar with. That is the way he got rid of his dad. He also knew how to use them and what to say. How to present the problem he told her she was having with her father. He knew what the police would do. They would prosecute the father to the fullest extent of the law. That is state law not United States Constitutional Law.

When the Police; Courts; Prosecution; Defense Counsels (state paid) and Public Defender’s office, oh and not to leave out the Department of Correction which unknown to most people are also the Probation and Parole all got involved all hell broke loose and Bill and his family (what was left of them) felt the full force of this alleged claim.

I ran across this case by chance and thought it would be great to share with you and just about anyone who takes the time to read this book. Reason being because this state keeps on investigating it’s court system for problems. The results of which they keep saying they have no problems and everyone is fine.

It is about how the case is covered up by the lawyers; prosecutors; the courts. One of the things the court and lawyers did at the end of trial will be interesting. How it got on the record along with the judge read the jury charge like a Q-card. Not even paying attention to what he was reading (the charge)that is. This in comparison to what the grand jury indictment said. Then the lawyers were asked if they had any questions regarding the jury charge. Both defense and prosecution lawyers said together, NO YOUR HONOR!!—What they said no to will be of great interest to the story and the on going injustice of the Justice system

The injustice was not discovered right off. It took Bill (the accused) some time after reading the police report and the indictments. He begins to see a case gone wrong. It only took 15 months before the first dirty deed was discovered.

The first wrong doing was discovered in the Manchester State Correctional Center Library. There was another man charged with the same crime.

It happened in 1991 Bill and the other man were talking about their grand jury indictment and one day they compared the two Grand Jury indictments by laying them along side one another.

After a moment of comparing the two indictments the other man told Bill that the last line of the statue was missing from his indictment. Bill asked what can I do, this fellow said go home. Bill heard nothing more than go home. After being instructed how to fight this problem Bill was obsessed with finding out what Subject Matter Jurisdiction was all about and the fight was on.

I will share with you how the injustice of the justice system unfolds as you read on.

In his research Bill found several other problems with the indictment which I will explain throughout the book. How he fought a battle and what the Manchester State Superior and Supreme Courts did with his arguments. How the Manchester United States Senators and Congressmen would not help.

It took 24 years before the whole truth came out. We will cover those 24 years and who the conspirators were. We are talking about some very high people in the government. You will see how they learned about the reason for the cover-up. How they turned their backs on Bill as the injustice progressed.

Let’s move forward with who started this whole injustice. Bill had a daughter who met up with a mommy’s boy. For some reason she fell in love with him. This mommy’s boy got everything he wanted and of course our girl went right along with what he wanted. She would do anything he told and/or asked her to do.

She was in love with him so much that she stopped going to school for three (3) days due to his braking up with her. She finally went back to school when he said he would go back with her.

They both cut school and went to his apartment to have sex and smoking his mother’s marijuana on a regular basis. She told her older sister in April or May what they were doing. As a matter of fact she and he missed 58 days of school during that year. I believe the record will show they both missed the same days.

Just a note: this same boy and I say boy because at the time of his illegal action he was 14, I say illegal action because he used this threatening method a few years prior against his dad, he told Child Protective Services his father was abusing (which does not mean beating) him and his mother—no evidence of the facts but the court issued a protective order against the father and made him stay away from Timothy and his mother. His father and mother did finally divorce due to the boy’s lie to the State agency. A state agency that is to work to keep families together not tearing them apart.

Needless to say he had a lot of control over Allicia and he was totally aware what his word to Child Protective Services could do. He has been there and done that.

In May of 1985 he and his mother moved just out side a small town in the lower part of the state. He was going to fail the 9th grade so the mother said he could re-do the 9th grade next year.

Over the next few week Allicia was creating such a fuss at the apartment complex that when the school year was over Allicia’s mother and father reluctantly let her go stay at the boyfriends home in Dovill, keep in mind at this time the mother and father had no idea about the smoking and sex the two were engaged in.

Allicia went down to Timothy’s house for awhile. Her stay was from June 24, until July 7th when Allicia and her family were to go to their grandmother’s house in New York State for a week. This all went off with out any problem Bill and his wife thought.

On Thursday of the week of his vacation Bill was told by Allicia that Timothy had to paint a house and needed to get back home as soon as they could. After getting home Allicia told Mary, her older sister that they lied to dad so they could come home sooner.

After Bill, Allicia and Allicia’s boyfriend along with the younger sister came back from the vacation in New York. This return happened on July 10 the boyfriend Timothy and Allicia went back to Timothy’s house. Why the parents let the girl go back to Timothy’s house was beyond my thinking, but I think they said they would not have to put up with her misbehavior. Both of her parents worked but several times during the school year they would have to come home to explain to the landlord why Allicia and company did this or that, broke this or that and were told to get Allicia under control or they would be evicted.

Allicia came home on August 19th to see family friends who were coming down from New York. They stayed at Allicia’s house and they went out visiting different places during the week.

Timothy called Allicia asking her if she was coming back down to his house on Aug 23. She said her father may not let me. He told her that if she did not come back down to his house he would cause things to happen to make sure she would. He told her she had better call Child Protective Services and put their plan in motion and be sure to tell them that her father was raping her and this has been going on for a long time.

He told her that he and his mom could get Child Protective Services to let her come to his home and live with him and his mother.

With the boyfriend doing the telling Allicia would do anything to get rid of her dad—because the boyfriend knew that Allicia could put her mother under so much stress that she would do anything to get Allicia out of her hair.

Needless to say, Timothy threatened Allicia in to calling the false report or loses him. It seems that she was more in love with him than her family. He was taking more from her than he was giving her. Come to find out he was having sex with her on a daily basis. We knew this because when their friends from New York came down Allicia told the older child she was. Also Allicia told her older sister she was using the sponge to prevent getting pregnant when having sex with Timothy. With Bills second lawyer failing to abide by the rule of the court regarding this information the court would not let this information be used at trial by the defense.

Only moments after speaking to Timothy, Allicia called Child Protective Services and his plan was in action and he knew she was on her way to getting rid of her father and coming to live with him.

Child Protective Services agent, Watson, immediately called the police even before she spoke with Allicia and asked him to meet her at the apartment Allicia was currently staying at.

According to Watson, Allicia told her that she has been sexually abused from the age of 7. Some 8 years ago. And that the abuse recently escalated to where Allicia would have to submit to sexual intercourse in order to see her boyfriend.

Needlessly to say this got the police involved and the Child Protection Services involved, and all hell broke loose in Bill’s house.

The Conspiracy began with Timothy telling Allicia how the plan would work to get her back to his house. Allicia was not sure but called. Otherwise she would have to go back to school in the fall without him and like it. So he was going to lose her in the long run that is if they could not pull off this conspiracy.

Unknown to them at the time they made their complaint the State was on a manhunt for any person who even looked at another person sexually the wrong way and Bill got caught up in the snow-ball effect. The State was prosecuting incest cases as felonies and convicting everyone on someone’s word.

The courts even changed the Rape law to get anyone who was said to have committed an act of incest on felony charges, and convict them of the charge(s). It was great, the State was collecting money for charging felonies when the act done or said to have been done fell under the misdemeanor law.

It was an avalanche of money for the State, Getting hard on Crime, I believe President Regain said, when he told the states that the federal government would subsidies the prison for every person they put in jail. Unknown to everyone this state enjoys that money even today as they get millions of dollars for filling up their prisons, and at the same time crying to the public that the prisons were over crowed but they were the ones filling them for the federal money.

This is one of those cases that were found, here the police, courts, defense lawyers and prosecutors were all caught in covering up an injustice in the justice system.

CHAPTER 1

Bill Meets Boyfriend’s Mother

Allicia had been dating a boy from her school since January of 1985. She would often go over to his house to study. Bill thought they were in the same grade and in the same classes.

Bill found out too late they were not in class with each other. Studying together was a waste of time because they were both failing the 9th grade. It was like the blind leading the blind or was it Timothy boy leading Allicia to the bed for a feel good feeling. His mommy was there to back him in his quest to get what he wanted. I asked Bill, what did Allicia see in him? He was not that good looking and he possessed no book knowledge?

It was late February that she called Bill to come pick her up or walk home the two miles in the cold icy weather. Bill asked her why she didn’t come home after school and she gave him her old pat answer, Because I wanted to study with Timothy at his house. Bill asked is Timothy’s mother there and she replied yes. But then he asked has she been there all the time you have been there? Allicia hesitated for a moment and then said no. No parental supervision except for Timothy’s mother saying I trust Timothy Bill thought, but did you know they were having sex on a daily basis? If she did, she never let on unless Timothy told and/or asked her not to say anything.

Of course nothing was said about the drugs they were doing at his house. Allicia was proud of doing something no one else was. So she told friends that she thought would not say a word to Bill and Pam. This information came to late to help Bill at his first trial and of course the judge saw that this information did not get to the jury nor did any of the information about their frequent sexual encounters.

Bill said I will pick you up but this is the last time you two study at his house without someone being there with you. Unknown to Bill she did not care what he said because she was going to do whatever she wanted. Pam said Allicia did not listen to her and did just what she wanted to. Later and too late for Bill, Bill found out she would do anything she could to save her relationship with Timothy.

She quickly changed the subject and said you can meet Timothy’s mother, you will like her. Bill may like her, but he is not happy with her leaving the kids alone.

Bill already did not like the fact that she allowed the two kids home alone in the house with them being fourteen plus years old, just old enough to get in to trouble.

With Allicia and her current attitude Bill was always worried she would get in to trouble. She missed more than 25 days of school already and this was only the first half of the year. Bill questioned himself could this be due to her meeting Timothy and the fact she was dating him. Was this Timothy’s idea to skip school and go over to his house and have sex, (having sex at this time is speculation on Bill’s part).

Bill and his wife were called to the school counselor’s offices to see if they could resolve the problem. Bill told the person at school that he drops Allicia off out front, but the school calls and tells us that she was not in school that day. Bill asked what he could do about the problem but the person he was speaking to, did not have an answer.

The person they spoke with in the school told Bill and Pam if the problem could not be resolved someone might have to be put in jail. Bill was a bit mad about Allicia putting the whole family in jeopardy over her and Timothy’s wants and desires. So now you get an idea what Bill and his wife has been putting up with concerning Allicia and her boyfriend’s problems.

Bill dropped Allicia off at School hoping this would end the skipping school but they (Timothy and Allicia) would meet in school and walk out the back door going who knows where. Allicia did not care her parents were at work and no one at school was going to come after them.

Bill told Pam that he had to go get Allicia and her reply was I have told her, come straight home from school on the bus. She added, and I have told her not to go over to Timothy’s all the time. But she does not lessen to me. Bill said that is the reason I am going to get her, besides the cold weather. Ho ya she said, You can meet Timothy’s mother when you come to pick me up. Bill thought some consolation to the problem at hand. Maybe Timothy’s mother can shed some light on them being there alone. We will see what she has to say.

Bill got his coat and hat on and went to the car to go over once again to bring Allicia home. It was only about 2.3 miles from the house and would not take Bill long to get there. It would not even give the car time to warm up. As he got to Route 4 and made his left, he went down to the first light and made a U-turn due to the fact the Allendale Apartments were on the left side of the road that Bill was coming from.

Bill was told which building Timothy and his mother lived in and as he pulled in the drive he saw a parking spot in front of the building. After parking the car he got out and rushed to the door.

Bill knocked twice before anyone came to answer it. He was rubbing his hands together to keep them warm. Then the door finally opened. Hi, you must be Allicia’s father, Bill said yes and you must be Timothy’s mother? She said yes my name is Patula. Bill stuck out his hand to shack hers and as he did she said please come in out of the cool weather.

Bill responded with thank you. They made small talk as Bill looked around for Allicia. Bill asked where is Allicia? With that request Patula called Allicia and Tim to come out in the living room.

Unknown to Bill they were in Timothy’s room studying out came Allicia with Timothy hand in hand. Bill said, I thought you would have been out here studying. So Patula could answer any questions you may have. That was one of the reasons for coming over here and working with Tim. Am I correct or are you over here on a date?

Bill asked Patula why they were not studying in the living room and have they been in the back without supervision all the time they have been here? Patula said I have been out here and I trust Tim not to do anything he is not supposed to be doing.

Bill said did you know that they have been here all day long without supervision. She said no, I got home first and then they came in from school. Bill said they did not come from school because the school called my home wanting to know why Allicia has not been in school all day long. Patula asked Timothy, have you two been her all day, Tim said no, we went to school, which was the truth and also a lie. They met at school and went to his house. His mother asked then did you cut school after you met Allicia there and were you here all day long? Timothy again with Allicia’s backing said they were not at his house all day long. But Bill knew better. With the two of them lying there is not much use to keep asking the same question.

Bill told Allicia next time I want you to ask if you can come over here. Patula said oh she is welcome over here anytime they want to study, if that is ok with you?

Bill thought to himself why ask me now she never asks me any other time. She just does what she wants to do and Timothy my boy holds his I won’t go out with you anymore over her head he has done it before. Besides who is her father compared to Timothy and his sex she seem to love more than her family.

Bill said he would like to know where she is in case of an emergency came up with my wife and my self working in two different states. Bill asked are you ready to go? Allicia said, Yes, and picked up her books and walked out with her father. Bill said I hope to meet you again. Patula said, It was nice meeting you also. Bill knew better because he was taking one of Timothy’s toys away from him and neither Timothy nor his mother liked that. They were not happy with Bill and neither was Allicia, Bill could tell by her actions. As soon as she got in the house she went directly in her room without saying a word.

Bill was not happy about this meeting. Mainly due to fact that the two kids were in the back room studying. Or what ever a 14 year old boy and a 15 year old girl do on a date that is besides holding hands and especially with no parental control.

What pissed Bill off the most was that it seemed that Patula did not care and knew what Timothy and Allicia had been doing back in his room. Especially when they got at Timothy’s around 9-10 A.M. by skipping school.

When Bill asked about the skipping school that day the conversation quickly changed to another subject. With her not paying any attention to Bill or what he had just asked. Patula asked Allicia when she was coming back to study with Timothy? Allicia said I will have to ask my dad.

Bill said that Timmy’s mother never asked them about her missing drugs in front of him. Of course she told her co-conspirators to say nothing about the drugs. Come to find out Allicia and Tim were using drugs from his mothers shoe box in her closet. Patula knew more than she was saying and did not want Bill to know what her little boy was doing with his daughter. She certainly did not want him to become aware of the plan she and Tim had for Allicia’s father and how to get rid of him.

CHAPTER 2

Arrest and Complaint

The following is the word for word police report from the county police department (All of the names have been changed to protect the identity of the original people).

A very good friend named Charles G. shared the following information from the Manchester State Law book. Superior Court Criminal Rules Rule 3 (b) Complaint:

The complaint is a written statement of the essential facts constituting the offense charged. It shell be made upon oath before a committing magistrate or any other person authorized by law to issue a warrant. The complaint may be based upon personal knowledge or upon reasonable information or belief.

None of the witnesses for the state or defense were sworn to any oath to give their statements to the police.

We are going to start off with the arrest warrant:

"Your affiant is the chief investigating officer conducting, the follow-up investigation on a report of continual sexual abuse on a 15 year old female victim by her father.

On 23rd August, ’85, Allicia, w/f 15 yrs, called the Child Protective Service and reported that she was being sexually abused by her father w/m 38 years.

Your affiant and Jane Watson from Child Protective Service responded to the girl’s apartment complex and interviewed her. It was learned during the interview that since the girl was approximately eight years old her father has been having sexual intercourse with her. The victim advises that it has happened on a regular basis of about two times a week since she was 8 years old. The defendant told her not to tell anyone and victim never did until recently.

Since January 85, the victim has been seeing a teenage boyfriend. The defendant has made the victims submit to engage in sexual intercourse if she wished to see her boyfriend. During July or August, ’85 she told her boyfriend and her mother what was taking place. The mother took no action to investigate the incident saying she did not believe her daughter.

The most recent incident occurred during late July-early August, 85, prior to a trip the—Det. Joseph R. Hammer"

Now, let’s look at the police report:

On 8/23/85 Writer (also known as Joseph R. Hammer) was assigned the following investigation on the reported rape of Allicia W/F 15 years, by her father Bill. As a result of that investigation, it was discovered that Bill has also attempted to rape his 11 year old daughter, Joanna.

How did the police discover that Bill has also attempted to rape his 11 year old daughter Joanna. When on the stand at Bill’s trial Joanna testified that did not take place. And that all the evidence they obtained was in agreement with her testimony.

"In a subsequent incident, Joanna was intimidated by her older sister, Mary W/F 17 years, in an attempt to dissuade her from assisting in the prosecution of their father it was Writer’s (Hammer) assignment to follow up each of the above incidents.

This is interesting because he does not know what Mary said to Joanna when she had her home for those few moments. Come to find out Mary was concerned about Joanna and not the case. She did not even know what her dad was charged with or what Joanna told the police and so much more. She just wanted Joanna back home with the family or what was left of it. Unknown to the police Bill was home for a few moments and told Joanna it was not her fault that all this happened and that he loved her and not to worry. Little did he know what they were going to do to her to keep her away from her father and mother the only two people in the world that would protect her.

CRIME-SCENE:

All the incidents occurred at (2278) MacDraw Circle, University Village Apartments, Norton.