Palin Drunken Brawl: Everybody Was C*nt Fu Fighting

Thank You Palins for the laughs, been in lots of pain this week and laughter is the best medicine, I can’t stop laughing. Thank you to those who have written about this story and a special thanks to those who have the courage to come forward with information. Here is Amanda Coyne who broke the story on her blog on CNN. Two of Jessie Griffin's Immoral Minority posts on the drunken brawl that clearly was caused by the Palins are here and here.

Perhaps I am out of my mind from pain, I don’t take narcotics except for rare extraordinarily horrendous pain that only happens every few years and use alternative healthier treatments which include suffering. I dedicate the video below to the Palins, but it‘s out of synch just like they are. Please note they often say ‘Oh, ho-ho-ho” in the song which is quite appropriate for more than one reason. “Those cats were fast as lightening. In fact it was a little bit frightening, but they fought with expert timing.“ AHHHHHAHAHA!

In the 1970s when I was a teenager Kung Fu was all the rage. This song always reminds me of my mother who whenever someone was joking around about Kung Fu or were fake Kung Fu-ing called it Cunt Fu. Considering Todd Palin called someone a Cunt using his super-masculine voice (no I don’t know if it was before or after he started choking someone) let’s temporarily call this song Cunt Fu Fighting which is what I always called it due to my mother‘s humor. My best friend back then was  black and a beauty queen, we would often to go to the discos in Marin County California from Sonoma County where we lived in my powder blue VW bug wearing platform shoes and polyester to fight off the men. They called us salt and pepper. We just wanted to dance our asses off. When this song came on we sang very loudly the Cunt Fu Fighting version. DAMN THAT WAS FUN! So glad I was young in the wild and free 1970s.

I haven’t been able to stop laughing even though I am hurting so bad and often puking my guts out. Laughter is the only medicine available for those on Medicare on the Kenai Peninsula. Three days ago I called yet another clinic in Kenai and they don’t take Medicare either. I don’t like to go to doctors in Alaska when I feel like crap because it just pisses me off when someone says something idiotic to me who is supposed to be highly educated in the subject they are discussing and I might go Palin on them. My experiences here tell me there is no point bothering to see them, because their goal in life is profit, not excellent medical care. There isn’t any health care for those on Medicare in Soldotna except a clinic of incompetents and then you get the crazy and the medical bullying, gossipy thing. I know people won't like me for saying those true things.  Does it seem like I care?

If my mother was alive I know just the word she would use to describe Sarah Palin and she would be laughing her ass off right now. Of that there is no doubt. Kung Fu Fighting was a disco song from 1974, I was eighteen or nineteen when it came out everyone was dancing around doing fake Kung Fu aka Cunt Fu. Ok, everyone sing along…Everybody was Cunt Fu fighting.


 "Here comes the big boss let's get it on", "Don't you know who I am?"

Having lived in Nome where the cops did not arrest men who raped Native women if the women said not to and worked as a nurse in an ER where raped women from the villages were transported along with the injustice I have been through I do not expect any charges against the Palins. Just like domestic violence cases the people the Palins assaulted will be afraid to report them due to the severe retaliation that will be coming their way. I would be very happy if you would prove me wrong DOL. There is no prosecutor at the DOL who has the balls or ovaries to charge them as there will be much retaliation and no promotions for them. Lets not forget the mobbing outside of work that those who cross the Palins are subjected to or the man who lost his job for telling the truth about what happened at the Palin caused drunken brawl to the news media. There are two systems of justice here in Alaska. Some people can do as they please without any consequences. Their crimes are covered up even if they are publicly known. The DOL goes after people who are set up by even officers of the court in more circumstances than most people know. Then when they get out of prison from either a wrongful charge or a harsh sentence they use the Department of Probation to control that person, threaten them if they start to talk and have them re-incarcerated. The method of getting a promotion or political appointment in Alaska is to bully, stalk and set someone up those in power want to retaliate against or scare them into shutting up. I have learned about all of this the hardest way possible.

They are right now trying to put a positive spin on some kind of bullshit consequences. What if the Palin kids had ever had to face the charges for their other crimes?  Maybe they could have learned how to behave. Since Sarah and Todd Palin as parents obviously don't know how to behave and allow underage drinking what other outcome could there have been? Instead mommy dearest got them off while others were prosecuted. Then if another kid did something like guess her email password or gets manipulated by the Palins and set up Sarah Palin made sure they got the harshest, most unjust punishment possible, because they were targeted for harm to begin with. (Yes Karen Christy's blog is back on line). Then when one of their family members got into trouble she got sent to rehab in front of others, rehab is rare in Alaska's DOC, unless some religious group is involved.

For some of us the railroading treatment of the Alaska corrupt justice system makes us sing like a bird and Cunt Fu Fight like mad. LMAO. My sisters and I studied Aikido for a while as teenagers, no Cunt Fu Fighting except on the disco floor.

Remember when Sarah Palin said, "... I do think there should be consequences for bad behavior." Right now she is fighting to keep her family from having to pay consequences for their behavior once again. If what has been reported about the brawl is true there were some serious assaults and the Palins were the aggressors, all of them, any of them that were in front of the shocked party goers. Where are the videos? The Payme family must be paying out right now in large sums to keep those videos from being bought by media and making some really ugly threats against people.

SOP AT THE DOL: Last week some issues came up

The Department of Law has been holding back evidence for years. The defense has a right to all evidence the prosecutor has, but in Alaska the DOL does not believe in due process. Finally the Public Defender Agency is speaking up about it and one out of two judges actually listened. I guess the public defenders on these cases are sober and showed up for their Constitutional Law course, she said, chuckling to herself.

From the ADN:

Waterman's defense lawyer argued that prosecutors should have shared information about allegations that one of the main police officers on the case lied under oath at Waterman's first trial, even though the defense later learned the information on its own.

The issue isn't whether the officer lied -- it's that the state was told he lied, and did nothing about it, defense lawyer Steven Wells argued in Anchorage Superior Court.
****
"What is the natural inference that comes from that, and that is 'what else does the state have?'" Wells asked in court Monday.
The defense lawyer said that one of main reasons people are wrongfully convicted is because of police or prosecutorial misconduct.
"That includes not providing evidence of innocence to the defense," Wells told the judge.
After sending the jury home while he considered the matter, Superior Court Judge William Carey rejected the defense argument.
"This is not the Ted Stevens case," Carey said from the bench.

Really Judge Carey? Is that because the defendant is not a powerful senator and is represented by the public defender agency? The issue is the same, evidence withheld by the prosecution? I smell an appeal.
________________________________________________________________________________

From the ADN:

A Kenai judge has granted a Fairbanks man convicted of a 1982 murder last year a new trial because the prosecutor withheld information about weakness of the DNA evidence against him.

****
The state failed to give Eacker's attorney a laboratory report related to possible contamination of a DNA sample by the laboratory hired by the defense. The state had offered to have a different sample retested by both the state and defense, according to a news release from the state Department of Law
"It is the responsibility of the state to provide all exculpatory evidence to the defense as soon as the state is able," said Deputy Attorney General Richard Svobodny.



Now, what was that you said to me Mr. Svobodney when I complained of prosecutor malfeasance in my case? That no one would ever do anything about it, called me a liar and then you hung up on me. I know you could care less about justice or due process, your B.S. will not fool me. You are just playing a game that has nothing to do with justice.

The case against him relied on an Alaska State Troopers cold case investigation using DNA technology not available at the time of the crime.

That DNA evidence is getting closer scrutiny.
Last week state Superior Court Judge Anna Moran -- who presided over the five-week trial in Kenai last March -- threw out the conviction following post-trial motions and evidentiary hearings on the DNA issue.
David Weber, one of two public defenders on the case, said charges needed to be thrown out because the prosecutor had intentionally withheld information.
"The state had been advised by one of its experts that the evidence was not reliable due to the age of the DNA and the storage of the DNA," he said. "We thought the behavior was so bad (the case) should be dismissed."
*******
Here in Alaska most of the people just don’t understand that it does matter that everyone receives due process in our courts. People charged with horrible crimes have to get their full rights in the court room. They are innocent until proven guilty and real evidence should be used, not lies, part of the evidence or demonizing. If they don’t get their fair day in court how can we all be assured that we can get a fair shake if ever charged with a crime. Don’t think it can’t happen to you, it can. Lots of innocent people are in prison right now and some of them in horrible conditions that will shorten their lives. Good people can make mistakes or become mentally disturbed, don't ever think they will consider who you really are in the court room. The prosecutors for the most part in this country have no sense of justice or ethics. All they care about is winning, it is a game to them. The legislators stack the cards against defendants with unfair laws designed to help private prison industries make a profit off human beings, like they are slaves. State budgets pay more for prosecution than defense. The prosecutors are in control of the evidence, the police and can manipulate people to testify with threats. This is the main thing that shocked me about my ordeal with injustice, that there is no justice, unless the defendant has the money to hire a particular attorney. The rest of us are screwed.

Then this story appeared in the paper:


An attorney with the state Department of Law faces a felony theft charge for shoplifting shoes from a Fred Meyer store in late December, according to police in a criminal complaint filed Jan. 20.
The Law Department confirmed state labor attorney Erin Pohland, 31, is the woman charged.

$1,020.08 worth of shoes, that is quite a shoe fetish. She must be the Imelda Marcos of prosecutors, but really Fred Myers? This must be one of the DOL’s labor attorneys Governor Parnell uses to reduce police and firemen while engaging in union busting activities.

PALIN CRIME FAMILY HYPOCRISY VS DAVID KERNELL

Update: Since there has been some interest in this post today I should say that the story that Track Palin cut brake lines on school buses is believed to not be true now. He did apparently steal a bottle of Vodka from a store to share with his friends and there was vandalism of the school buses. Here is the original story from 2005.

The boys are suspected of deflating tires in 44 First Student buses, breaking mirrors and unplugging 110 buses from their engine-block heaters, which caused the buses not to start in subzero weather on Nov. 29.
***********************************************************************************

Oh….My…..God, Sarah Palin said, "... I do think there should be consequences for bad behavior." Well, then why doesn’t she report to the nearest prison here in Alaska. I am sure her ex-boyfriend that she appointed as director of the department of corrections, Joe Schmidt, can have a nice cozy cell arranged for her. How about one in the mental health unit at Hiland Mountain, where your psychopathy could be studied. If you protest about the abusive treatment they can chain you to the floor and make you beg for toilet paper.

Psychopaths, while often dabbling on the border of criminality, may never actually commit crimes for which they could be arrested, and many people who commit crimes are not psychopaths (although the majority of extremely violent criminals are).

BTW, they are often quite indignant about those who do get arrested for actual crimes because this is a way for them to differentiate their behavior and have themselves classified as non-criminal. This is one reason why Sarah Palin often portrays herself and family as victims. They very carefully study the law to make sure they fly under the radar or have a loop hole they can use to keep from getting charged with crimes. This means they are even more conscious of illegalities than many arrested for crimes. Often, they can be seen surrounded by sleazy lawyers who protect their every move. They have no conscience which directs them, they only seek to not be arrested and manipulate their public image. Right and wrong is not their guide, self gain is. Going after a kid who should have never been charged with a crime to begin with is part of Sarah Palin's publicity machine. David Kernell should not get anymore than community service and a tongue lashing from the judge.

Apparently these consequences for bad behavior only apply to non-Palins:

Track Palin: Cut brake lines on  Vandalised buses which could have resulted in injuring children and did result in a school being closed. He was addicted to Oxycontin. Sarah Palin sent him to another state and managed to cut a deal that he could just join the military rather than be sentenced to prison. Which higher up in the state of Alaska was responsible for that? No criminal charges for Track for a very seriously dangerous prank.

Bristol Palin: Who knows what trouble this party girl got into that her mother rescued her from, other than trying to cover her pregnancy?

Diana Palin(Todd's sister): Charged with multiple burglaries, thefts, and child endangerment due to addiction to narcotics. She spent five months in jail before her sentencing. The rest of her sentence is chemical dependency treatment and she received an SIS, Suspended Imposition of Sentence, the charges will drop from her record after probation. She used her child to gain entry to people’s homes by having the child ask to use the bathroom and going with her. But, when she got caught she was just breaking into a house and it was not the first time. Anyone else would have gotten years for the same crimes and would be very lucky to receive any kind of chemical dependency treatment from the DOC.

 It is not that I disagree with this sentence. I believe Diana Palin should be given a chance at recovery as addiction is a disease that takes over and causes people to do things they would not normally do. Clearly Diana Palin was very sick person when she committed her crimes. What I disagree with is other people get very harsh sentences for the same crimes and no treatment. When released from prison they get dumped on the streets to be homeless without treatment, are denied any kind of public housing, and of course end up in trouble again. What else could possibly happen? They put people with mental health issues in the prisons and torture them making them sicker, destroying any self esteem they ever had, and denying them any treatment for their original problems. They also do not get the charges dropped after probation, especially since those who work for the department of probation rather than rehabilitation see their main goal as getting people re-incarcerated on technicalities.

Willow Palin: Sarah was on vacation in Hawaii and had to rush home due to Willow’s latest antics. See the blogs, Alaska WTF and The Immoral Minority for more details. Willow and friends wanted to have a party. Willow suggested a vacant house she knew about. They vandalized and took property to the tune of $20,000 to $30,000. Being ethically impaired, Sarah claimed Willow was out of town at the time. But, the funny thing is it is reported the other kids all remember her being present at the party. So, Sarah had a meeting with higher ups at the juvenile justice system and got them to only charge the boys. This is the worst kind of nepotism and corruption there is. In the words of a woman who quits when her lack of ethics catch up to her, “that’s not right, it’s not legal, it’s not fair or decent”, but, then we all know these standards only apply to those whose name is not Palin. The Palins have special permission from Jesus and the state of Alaska to commit crimes, lie, and manipulate, that is why they are so often excused from being prosecuted. Others who have had their children put into the state juvenile facilities for minor crimes and psychologically damaged for life are just inferior non-Palins whose well being is inconsequential. Justice should always be tempered with mercy, but why does all of the mercy go to the Palin’s and only punitive justice to everyone else?

Sarah Palin thinks there should be consequences for bad behavior, unless your name is Palin. She plays to the cameras like she is upset that she has to spend her time trying to teach someone that it is wrong to “do such a thing”, when the real goal here is to get more publicity and camera time. Why is it she thinks her kids should be exonerated of their charges while she clearly wants David Kernell aggressively prosecuted. What makes easily accessing email a worse crime than burglary, vandalism, underage drinking, having wild boozy sex parties, and illegal use of narcotics? What would bring worse consequences to a young person, unethically accessing email or getting pregnant? But, really the biggest crime of all was Sarah Palin getting nepotistic favors granted by the higher ups in Alaska to exclude her children and relatives(and who knows what all has been covered up) from having the same consequences as others. Why does Sarah think she should be excluded from consequences for her own bad behavior? She appointed people all over Alaska government and agencies to help shield her from those consequences. How many who have come under her ire were then prosecuted, fired, or harshly sentenced due to her influence?

Does anyone believe Sarah did not use state resources to dig up information on people? Remember all the people walking around with knives sticking out of their backs? Really, if it was so easy for David Kernell to access her email account others probably were accessing it also. Why would a vice-presidential candidate not know to have extra security on email and phones, especially when she has a history of doing some underhanded acts herself?

Betty Bower’s “Worse Mother in America” Award to Sarah Palin says it all. I have been trying to figure out a way to post it as it is a work of art:



Read more: http://www.adn.com/2010/04/23/1246986/palin-testifies-in-e-mail-hacking.html#ixzz0lx2Iet33

PALIN-JUSTICE: PALIN-CRIMES ARE SANCTIONED BY JESUS AND ALASKA‘S COURTS, THOSE WHO COMMIT THE SAME NON-PALIN CRIMES CAN BURN IN HELL(UPDATE)

I wrote most of this post a couple days ago and then waited for Gryphen at Immoral Minority to write his first hand account of Diana Palin’s sentencing hearing and to see what the news media was going to say about it. It is very early Tuesday and the Alaska Daily News has been completely mute on this very conspicuous court corruption. Perhaps they have been struck dumb by the amazing Palin ability to commit crimes and never get punished for them like other people. Why get punished when Jesus anointed you with the ability to use your influence and money to control the courts. After all these are Palin-crimes which are not the same as those crimes committed by other people.


 The Frontiersman so far is the only paper I can find that has had the guts to print this story.
First let me point out that SIS or suspended imposition of sentence is a type of probation. Probation is generally a form of a suspended sentence in which the defendant is not incarcerated, but on supervision in the community. This is confusing because in the legal language they call it suspending the sentence, which is a component of the process. Part of the whole sentence is suspended and sort of held in reserve while being held over the offender’s head to get them to cooperate with the conditions of probation. For instance my sentence was 14.5 months suspended to 45 days, with three years of regular probation. In other words part of the sentence is suspended and probation is used instead and at the same time used as leverage for good behavior. Conditions are given that have to be met which if violated land the person on probation back in prison. It can be anything from not drinking, not driving, not going around children, getting drug treatment, looking for work, not breaking the law, getting urine toxicology screens, etc. In my case conditions of release which happen before being on probation which said I had to obey the law were used as an excuse to have me wrongfully arrested and imprisoned based on a clearly false charge. This is a tool to keep as many as possible incarcerated and punish people such as myself who are outspoken and do not cooperate with the lies and manipulations of the injustice railroad in Alaska.

From the Frontiersman:

Diana Palin, half-sister of Todd Palin, husband of former Gov. Sarah Palin, received what’s called a “suspended imposition of sentence.” Essentially, if she maintains a clean record as a law-abiding citizen, completes drug treatment and otherwise complies with the court’s orders, she won’t have a felony record.



Palin had already spent five months in jail awaiting sentencing. Her time in Akeela House also counts as time served.

Sherry got three years on house arrest. I got 14.5 months reduced to 45 days for one act done when I was mentally incompetent. We both got regular probation. I guess we just weren’t Palin enough in the eyes of the court system in Alaska. Compare our crimes with breaking into a house or using your child to facilitate a crime and it is crystal clear this is outrageous!

“Although it’s an extremely close call, I believe a suspended imposition of sentence is appropriate,” Superior Court Judge Vanessa White said before addressing Palin directly.

What Judge White believes and reality are two different things. Oh, I forgot she is using Palin reality.



“There is no reason you can’t succeed on this probation. You have everything going for you.”

Palin was arrested in April 2009. Police said at the time that she was caught essentially red-handed. A homeowner who’d already had $400 cash stolen from him two days prior saw her pull into his driveway on Mill Site Circle and hid in a bathroom while she entered his house. The homeowner detained her and called police. At some point Palin’s 4-year-old daughter wandered into the house.


At Friday’s hearing, Assistant District Attorney Paul Roetman said that as investigators started looking at the case, they found that Palin had been doing similar things before in her own neighborhood, sometimes using her daughter as cover. For instance, the girl would ask to use a person’s bathroom, which would give Palin a pretext to get into the house and find prescription medications and other things to steal.

So, in many cases it was not just that the daughter was there, she was used as a participant in the crimes. Depending on who the defendant is, many have lost their children for much less.

He said that bringing the daughter along was no small thing. The homeowner that eventually caught Palin said as much in conversations with the district attorney’s office.



“In defending his home, he very well could have endangered that child,” Roetman said. He argued that a suspended imposition of sentence was not appropriate.


The child would also begin to understand eventually the pattern of her mother’s behavior and think that what she was doing was normal and acceptable.

Palin’s attorney, Josh Fannon, said the burglary on Mill Site Circle simply wasn’t comparable to the other thefts in Palin’s neighborhood.



“The other cases described (in a report prepared for the sentencing hearing) are my client lying and being devious,” he said.

Getting into someone’s home to steal their possessions is just “lying and being devious”, it is an example of Palin-crime, not a burgulary, we all know those special Palin forms of crime are not only allowed, but blessed by Jesus himself. They should never be punished by the law. If your son is addicted to Oxycodone and commits a crime send him to another state and let him join the Army, it is a Palin-crime after all, God consecrates the ground all Palin's walk on. Keep in mind many attorneys think lying and being devious in normal, because that is how they themselves function. Ladies and Gentlemen this is legal "truthiness" in action.

He pointed to Palin’s actions since the burglary. She’s currently in an 18-month program of very intensive residential drug treatment at Akeela House in Anchorage. Palin was addicted to opiate painkillers at the time of the burglary. Rarely, he said, has he had a client who’s paid restitution to her victims on the day she was sentenced. But that morning, Fannon said, Palin’s family cut a $2,600 check to pay her victim back. The money, he said, came from Palin’s own funds.

Yea, right. Rarely has he had a client who knows so much about an unethical politician that they are willing to do anything to dummy her up. And rarely has he had to put on such a show for the public. Typical Palin logic that a small amount of money is sufficient to undo any of their wrong doings. If money is given to Diana it then becomes her own funds. Of course we have no idea how much more money may have been spent in the background getting up to this orchestrated scene. While Todd Palin may care about his sister I would imagine Sarah’s only interest is to protect the truth about her and her children from getting out. Diana being sent to prison for years and having all that time to think would be terrifying to Sarah. If the family wanted to support Diana why were not at least part of them in the court room?
Fannon called as a witness Dorothy Pickles, Akeela House’s acting program manager.

Pickles said Palin had shown great progress in the program. What setbacks she’s had were nothing out of the ordinary. As for the burglary itself, Pickles said it was clear to her that Palin wanted someone to step in. She was seeking help.


“If she’d gone into Anchorage and hit random houses she clearly would have had more success,” Pickles said.


But stealing from neighbors who knew her and from the same house twice? “It’s a cry for help, really,” Pickles said. Such an act is not uncommon among addicts, she said.


“They’ll do something really stupid,” Pickles said.

I call BS on Ms. Pickles statement. In her neighborhood she would have had the opportunity to observe people and know their habits, therefore knowing when to break into their homes at the most opportune times. She would have been known to them which facilitates access to their possessions. She would have had reason to be in the neighborhood if she looked suspicious and was stopped. Her schemes of having her daughter ask to go to the bathroom so she could go through the medicine cupboard to take drugs and other things would work much better on her neighbors than strangers in Anchorage. Pickle’s line of logic holds no water at all. Did the Palins donate any money to this program? Just curious.

As for Palin, during her turn to speak, she choked up and took a pause to collect herself in describing how bad she feels for placing her daughter in harm’s way.



“I’m so ashamed for all the hurt that I’ve caused,” she said. “I exposed her to danger, dishonesty and stealing.”


As for the homeowner, who was in court to observe the proceedings, Palin turned around in her seat to address him directly.


“I appreciate the kindness that you showed my daughter,” she said. “You showed her compassion because you recognized that it was not her fault.”

She said she didn’t feel she could ask him for forgiveness, but hoped he would feel a measure of peace knowing that when he caught her he may well have saved her life.


Fannon said that even though his client counts the governor in office at the time of her arrest as a relative, he hoped his client’s last name wouldn’t factor at all into the way the system treated her.


“I don’t think it should help her, but I don’t think it should hurt her,” he said.
 
For her part, White said Palin’s name didn’t factor into her decision.



“That’s not about her last name,” the judge said. “It’s about whether or not she has a likelihood of rehabilitation. I do find that her prospects of rehabilitation are much better than most people I see in this courtroom.”

Judge Judy: “If it doesn’t make any sense it’s not true.”

The judge and attorneys discussed this before the hearing, I’d be willing to bet on it. Why are her prospects for rehabilitation better? Is it because you actually allowed her to go to treatment instead of plopping her ass down at Hiland Mountain which is done with pretty much everyone else? A place where those with mental illness, low self-esteem, chemical dependency, and poor life skills are made worse by design. Is it because you view someone connected to money and political power as being superior to others? Is it that ‘christian” thingy, Judge White?

The parole officer in Nome was friends with the serial bullies at Norton Sound Health Corporation where I had been psychologically terrorized and denied health care. I told the public defender agency who were also friends with her that she would be compelled to write a negative pre-sentencing report about me by these people at the hospital, as well as the prosecutor. I was assured she would be on maternity leave and would not be the one writing it. My exact words at that time were, “She will bust her ass to write it.” She did bust her ass to write it. She wrote that I had a poor chance for recovery even though I had already been in recovery for over eight years before the relapse which happened on my own pain pills which I had with me when I came to Nome. The main reason for this was the denial by the medical staff to give me Gabapentin for the pain and the overwhelming stress I was under which caused many health issues to flare up. In fact, the medical community would not call this a relapse, they would call it treatment of excruciating pain. The truth is I insist on calling it addiction rather than some kind of tolerance secondary to treatment for pain because I disagree that there is a difference. Addiction is addiction is addiction. The medical communtiy calls addiction caused by the medication they prescribe something other than addiction to keep the patients from having a stigma to prevent lawsuits. Using the medication for the pain was warranted considering the pain I was in, but it did trigger the addiction. There was an alternative treatment which I preferred, but was denied it due to uneducated doctors. The serial bullies and prosecutor painted lies which they fed this probation officer and she bought all of them. I never had one conversation with the woman. She knew nothing about me other than what these people who were spinning lies had told her. There was an overwhelming amount of evidence that I had been extremely successful in recovery and indeed had been for quite some time when she wrote her report. There was also over whelming evidence I tried to treat my pain with something other than narcotics and was blocked. None of the people who could attest to this were contacted. This was done to sway the judge against me.

The difference between SIS and regular probation is significant, with SIS the charge comes off the record if the probation is completed successfully. Besides the short sentence Diana got this is extremely important in looking at this case. The beauty of SIS probation is that it gives people on probation an extra incentive to stay out of trouble because the charge will come off their record if they do and is a particularly useful tool for people in recovery from substances. One reason for not giving it in a particular case is they may want that person to violate probation so they have a reason to send them back to prison. I believe that in both my case and Sherry Johnston’s case this was one rationale of the department of law. If this should happen in either case it would be a big victory for them. Unmistakably another reason is to place a stigma on someone they have a grudge with. There were people with political power who had grudges against both myself and Sherry Johnston. If I was Sherry Johnston I would consider security issues around potential planting of material to get her incarcerated. Be careful Sherry. In my case they even arrested me on a clearly false charge in an attempt to facilitate this process. This contributed hugely to my becoming even more ill with complex PTSD because I believed the United States was a democracy and that there was justice in the courts. This is a false belief and when people find out it is not true it tears at the fabric of their souls. I am a fighter for truth and against injustice, so they really came after me.

Most people with felony convictions in Alaska carry for the rest of their life a record which is easily accessed on line. A record which bars them from section 8 housing, other social services, employment, and the ability to rent a decent place to live, often causing them to be homeless. No, there is no law they can’t work or rent an apartment, but when their record is accessed they are rejected. Also, as I have found out when you are poor some of the places you can afford are worse than being homeless. A felony record also prevents people from traveling to many countries or serving in public office. This imposes a lifelong sentence of the stigma of being a convicted felon and causes social disability which often prevents former inmates from being able to rehabilitate themselves, thus facilitating more criminal activity out of lack of alternatives. For an addicted person who just gets out of prison having no treatment and having not learned any new coping mechanisms, this is a set up for continued chemical dependency. For a woman who had committed a string of serial burglaries, especially while bringing her child with her this sentence is unheard of and is a clear case of political favoritism of the most blatant kind. As we know the holy Palin-crime is a blessed event and no stigma shall be applied.

The Palin family had most likely had contact with Mr. Turcott before the hearing and the imagination would not have to stretch too far to a place where more money was being exchanged than the check received in the courtroom, to someone, somewhere. This may or may not have happened, but come on, do you think he would have been so understanding if Diana was not connected? As I typed this I could see in my mind Mr. Turcott and Todd Palin indignantly denying such accusations and I just smiled. All I am saying is I really have to wonder knowing how ethically challenged the wife of Diana‘s brother is and that Todd is a willing participant in her unethical operations. Of course it is also very clear that Diana had no way to come up with this money presented in the courtroom, so it had to come from an outside source. Whether it came directly from Sarah and Todd or if channeled from them through another relative, church or organization, the origins of that check are intriguing. She was stealing money when arrested and certainly has not been working since. Judge White said Diana’s name had nothing to do with the sentencing. By making that statement she knew the sentence that she was handing down was going to be controversial, and seen as corrupt by large numbers of people. Is Judge White interested in politics or is she just afraid?

If Diana had been someone else or had she been stuck with the public defender agency representing her she would have gotten a sentence of several years and the judge would not care that she had an addiction.

This is how our legal system is used by slimy flexian-types. The prison system is full of people who don’t get treatment for addictions which lead them to commit crimes. The legal system is used to demonize some people such as Sherry Johnston or myself and then another person whose crimes spanned a long period of time, is painted as being the ill victim. People only become aware of this when they have contact with the courts personally. It is always very shocking. Our courts are not about justice, they are about politics. The judges go along with what those who have political power want, we have just seen this in the supreme court. It is not necessarily politicians who hold the political clout as we have learned the hard way recently, it is often corporations. Norton Sound Health Corporation in Nome Alaska in my case had a huge amount of control over especially the prosecutor, but also the public defender agency, the probation officer, and the judge.

I had worked my way through college and worked hard my whole life, while I had some rather significant health problems, including autism, interstitial cystitis, atypical trigeminal neuralgia, and CFIDS/ME. The fact that I had done a lot of good in my life was beside the point. The mitigating circumstances were beside the point. I was painted as evil to protect the serial bullies and the corporation from exposure. They did not want the public to know what really goes on there. They knew I wanted more than anything to have a trial and tell the story. They all worked together to prevent that.

The sentencing and treatment by law enforcement of Sherry Johnston, Diana Palin and myself illustrate how corrupt the justice system is in Alaska. They went after Sherry Johnston to exploit her difficult situation and set up the scenario in which she was arrested. How stupid do people have to be to not see that she was targeted to be used by Sarah Palin as a wedge to distance Levi from Bristol? In my wrongful arrest based on false accusation I indeed had my wallet stolen, my cat starved and tortured, and my possessions stolen and destroyed. These crimes against me were done by con men the department of law used to lie about me to have me wrongfully imprisoned. They wanted me to shut up. The two perpetrators of this were never charged with even one crime and the crooked ADA, Mr. Earthman in Nome is still allowed to practice even though he committed professional misconduct. Of course nothing ever happens to the judges, like Esch who issue warrants against no evidence.

In my case I had a psychotic break after getting complex PTSD from workplace bullying of which I was very susceptible because of Aspergers. Sherry, who found herself in a difficult situation in life was having huge financial problems and had turned down selling her medication several times. I had sought help five times from a psychiatrist, tried to get medication from other doctors, and twice contacted attorneys, only to be turned down each time. Clearly we both had mitigating circumstances and had shown that we at least tried to counteract the negatives in the situations we were in. What did Diana do on her own to try and change the situation she was in? Sherry and I were not in the favor of those who controlled the political power, we were at odds with them. Diana Palin is clearly being shown favoritism. This is why there is a wide range of sentencing in Alaska, it depends on who you know, who your attorney is, what your religion is, the color of your skin, how much money you have, and if those with political power(not necessarily politicians) like or dislike you. People are delusional if they think this kind of justice system is representative of a democracy.

Sherry was fortunate that her son was semi-famous at the time and she got one of the best defense lawyers in the state. If this had not happened there is no telling how long she would have been sent to prison. My case happened in a village of less than 3500 people and I have no connections to famous people and being autistic very few people at all. I got stuck with the public defender agency as I could not afford an attorney. In the beginning I suffered the delusion that they were there to defend me. Once I figured out the Public Defender Agency is worse than no attorney I found someone who was interested in taking my case pro-bono as he was stunned by what was happening(from the other side of the state) and this infuriated the prosecutor, the judge, and the public defender. There was actually a big scene one day in the courtroom over it. In the end he recommended I stay with the Public Defender Agency as I needed expert witnesses and I could not afford them.

The public defender agency was never to allow expert witnesses and went to great lengths to prevent me from having them. They hired a psychiatrist who was clearly dishonest, putting over 25 pieces of information in his report about me that were completely fabricated by him(and perhaps my public defender), and his conclusions were so off base I thought he had confused me with someone else. They held him up to me as being an expert on Aspergers, yet he did not know the first thing about it, especially female Aspies. It was an attempt to manipulate me out of the truth and into their unjust world of paper pushing used to send people to prison using pleas(notice I do not call them “plea deals“). This report could not be used of course, but they tried to talk me into using it. In the end they simply lied to me that I would have two expert witnesses and the board of licensing, I had none of these. They told me I could be my own expert witness on two occasions, then would not call me as a witness. It was a manipulation to get me to shut up before the sentencing hearing and the restitution hearing. After my first public defender who was a severe alcoholic which I was forced to keep as an attorney for many long months while bitterly complaining, they gave me two other public defenders who both lied, lied, and lied some more. It is clear they consciously work to get people to take pleas against their best interests. The first one lied to me to get me to take a plea. Then I did not trust her anymore. For my restitution they gave me another attorney in an attempt to foster trust and he lied to me to(he was a prosecutor in Texas just before becoming a PD in AK. Hello!). They use lies to control clients at the PD agency. That is justice for those who dare to speak the truth in Nome or other places in the state of Alaska. It is justice for those who are poor and not in political favor.

Sherry’s case was plastered all over the news media and Diana Palin’s was kept quiet, leaving us wondering what was going on. I was pretty sure I knew what was going on, political manipulation of the court system. Many people wrote about how odd it was Diana’s case was not being talked about day and night by the MSM like Sherry’s was. Diana had a good defense lawyer who was a local guy who knew the judge, prosecutor, and perhaps had influence over the news media. In my case the Nome Nugget printed false information fed to them by the two serial bullies at the hospital and ADA Earthman. In fact the Department of Law even printed false information about me in a snarky(very telling) way in their own online newsletter.

This situation for me has become clearer as time goes by because I was disturbed at the time and then traumatized over and over making me sicker and sicker. (BTW, they know dealing with a corrupt justice system makes people ill and they use that to manipulate people.) Being able to examine what happened now without the veil of overwhelming trauma and anxiety, along with the masses of research I have done on Aspergers and complex PTSD, has helped me understand with great clarity what happened. Aspergers comes with a higher risk than the normal population of psychosis and this psychosis usually happens with overwhelming anxiety. Complex PTSD caused by workplace bullying to which people with Aspergers are more susceptible to harm from also causes psychosis. I also have CFIDS/ME aka Chronic Fatigue Syndrome which is now believed by an overwhelming number of scientists to be caused by a retrovirus(the same category as the aids virus) called XMRV. This causes brain fog, memory problems, pain, and overwhelming fatigue. CFIDS/ME and Aspergers (some scientists believe they are actually the same disease) have co-occurring health problems, gastrointestinal, fibromyalgia, sleep disorders, anxiety disorders, OCD, auto-immune disorders, sensitivities to sensory stimuli, and immune system dysfunction(prison is a really dangerous place for a person with immune system problems). CFIDS has all of these and sore throats, head aches, horrid allergies, tender lymph nodes, vision problems, strange sensations, lots of pain, low grade fever, tinnitus, rashes, dizziness, muscle twitching, chills, night sweats, heat intolerance, and much more. Stress makes everything much worse. I have barely been able to function until recently.

I was very, very ill at the time I committed my offense, both physically and mentally. It is only now that I can see how ill I was and certainly begged the court to let me go somewhere for help, it was not allowed. If I had been a friend of one of the politically powerful people at the hospital rather than the person who stood for excellent care and doing things the way they were supposed to be done I would have gotten a light sentence. They may have even covered up what happened and gotten me help. In fact the woman who was the director of the board of licensing for nursing when this happened told me everyone in my situation got three years of SIS probation and no jail time. They made an exception in my case and gave me jail and regular probation, perhaps because I suffered the disability of not being a Palin. The purpose of SIS is to allow those who do not normally engage in criminal activity to resume their lives without the stigma of the felony charge. They wanted me to be stigmatized, just like they wanted Sherry Johnston to be stigmatized. The news media in both cases fell right in line with their wishes.

It is not that I believe Diana Palin should not have gotten sentenced to treatment for her addiction, I do think this is clearly the right thing to do. I also believe she got justice for her crimes. Addiction changes personalities and leads people to do things they would not normally do. It is not that I believe she should not have gotten SIS probation, I think she should have. I also do not think she should have gotten a long jail sentence. I also agree with the long term treatment she is getting for chemical dependency. I believe she should be given a second chance and I hope she does well. The problem I have is only those who have money and political clout get a fair sentence. What about the rest of us? Why can’t we get justice? Why have me wrongfully imprisoned? Why have my cat starved and tortured? Why have my possessions stolen? Several government agencies, including several divisions of the public defender agency and the governor’s office knew about all of this as it was happening and allowed it. Why are we used to fill up your prisons for crimes less than the one Diana Palin committed. Why in the case of someone like Sherry Johnston did they work so hard to set her up rather than try and help her? BTW, they tried to set me up to buy narcotics from someone based on lies from Norton Sound Health Corporation. The lies were not true and I was not what they tried to paint me to be, so it did not work. Why does the news media work so hard to paint one person negative and go silent on another story? The answers are clear money, politics, and power. Diana Palin’s sentencing is still not in the ADN. The native people in this state have had their culture obliterated. One of the main reasons is they get public defenders for charges which many probably should have never had and get talked into plea deals which are not deals. They then go to prison for ridiculous sentences. When they get out on probation, which is rarely SIS, they get charged with violations of probation and sent back to prison, over and over. Just read the court section of the Nome Nugget.

Here is a section of the fifty page letter I sent to Sarah Palin about my case. The only response I got was her staff telling me the Department of law told them not to talk to me. This section shows not only the malfeasance of the prosecutor, but the incompetence of the public defender agency. They constantly just sat and did not object when the prosecutor just lied his ass off. It also screams out; where the hell was the judge in all of this? The judge was busy not allowing me to go get psychiatric help, ignoring my complaints and letters stubbornly about my drunken public defender and frequently doing what he is well known for, being a horse’s ass.

Mr. Earthman said a lot of things which were not true during this hearing. One blatant lie was that I had lost my nursing license in Washington and here in Alaska. Both of them are expired which means I just did not pay the renewal fee. Maybe he should learn how to do research. Or did he get his information from the current director of the board of licensing? No, that never ever happened. Why did the public defender not object to this? He said I used narcotics while I was working, not true and he has no evidence of this. Not true and no objection. He confabulated that, I said I had been taking pain medicine since I arrived in Nome. What is he talking about? I never said this and it is certainly not true. No objection. He used as evidence forms that I had to fill out because it was my job to do it. No objection. They accused me of taking drugs I am allergic to. They accused me of taking drugs which made no sense. They accused me of taking drugs that were mine and had been prescribed by a doctor. No objections. They did not even get the basic information about the case right. Almost everything he said was untrue and it can be proven. There was no evidence I did anything except take the drugs on that one day. There is a reason for that. There is a lot more information I can provide you about Earthman’s lies and fabricated evidence. If Ada Oklahoma ever needs a DA he can fit the bill. Where the hell was the defense? There is not any defense. The native people in Nome call the public defenders, public pretenders. This is a true description. The constitution says I have a right to a defense. Why was I refused one at every turn?


An appeal was filed. With the erroneous information they had to work with of course it was denied. At this point it has been sent to the superior court for evaluation of the sentence. Gee, what decision do you think they will make? Anyone with integrity and sense who would look at the hearing would know something was very seriously wrong. The discussion of the case which I was wrongfully arrested for never happened at that hearing. All of the sudden Judge Esch ended the hearing abruptly stating they had another hearing that was already scheduled. I called back and told the clerk another hearing was supposed to happen at that time. She said the DA had dismissed the case earlier and when he did it he was angry. He was reported to have signed the dismissal paperwork with an angry flourish. The cowards, I never got even an apology. This incident has killed my poor cat who suffered before her death. It has devastated my life and resulted in almost everything I own being stolen or destroyed. My personal paperwork was almost all destroyed, except for one box. Some of this I needed for my defense. My backpack which had my laptop in it ended up going back to the Homer jail because they would not allow it at Wildwood in Kenai. The CO who had to take it back was angry, the same one who had smoked in the car. When I got the backpack, the laptop had a crack in the back of it. It would have had to receive a great deal of force for that to happen. It has subsequently deteriorated to the point of the hard drive going out. This resulted in my having to write this document again and the loss of hundreds of pictures and more. I also had to bring my laptop with me everywhere I went while I lived at the women’s shelter which also caused trauma to it. For a person with a chronic illness the internet is important.


When I got out of jail I called all over to try and get help. The public defender agency promised me an investigator right away. They never sent one. In the end I found out the name of the man(who was doing the investigation). This was right after speaking to Quinlan Steiner(director of the PD agency) who told me they were investigating the case. The man told me his boss had told him not to investigate the case as they had never gotten the paperwork to tell them to do so. HELLO, are you starting to see a pattern yet? This has all been planned, designed and carried out. They did not defend me nor investigate anything. There was never any intention to defend me. The people in Nome told me they all hang out together and they all decide what the outcome of a case will be together and they work to make it happen. It is indisputably true. Now, I am told I have to pay for all of this. Are you kidding me?

Earthman also stated at this hearing that I had agreed to pay all of the restitution the hospital asked for and that is why he agreed to the plea (the plea that was not a deal). Usually with pleas there is an agreement which is written that states which charges are dropped, what the prosecutor recommends for the sentence, etc. There was nothing and in fact the public defender told me Earthman wanted the judge to decide on all of it. I would never have agreed that I owed all the restitution the hospital requested because first of all I never left with the drugs, second the hospital at first asked for $500 per dose, and third I was never even asked about making a deal about this let alone having it on paper, which is how “plea deals” are done. Earthman just makes it up as he goes. He is also from Texas(just like the public defender I had at this time), born into a family who got rich in the mortuary business. In Texas law enforcement goes to apartment buildings where black people live and just arrest most of them and charge them with drug dealing. They do this because they get money from the federal government for arresting drug dealers. Almost all of these people are innocent. The public defenders who are essentially acting as a branch of the attorney general’s office (department of law in Alaska and the Public Defender Agency work the same way) then start threatening the defendant with lots of years of prison. They get plea deals from frightened innocent people who are not told they will be barred from public housing, jobs and all the rest due to being felons. They then get thrown out of their homes and become homeless. BTW, they also can’t vote and since most blacks are Democrats this helps out the Republican party. And you thought you were living in a democracy, didn‘t you?

This is a slap in the face to me and anyone else who received harsh treatment from the court system in this state. It clearly is saying who you are and how much money you have determines your sentence, in fact it is screaming it from the roof tops. It also glaringly shows that what an attorney from another state said to me about the court system in Alaska when I told him of my arrest was right on, “How much justice do you want to buy?” A doctor I know also said the same exact thing. This attorney told me to leave everything I owned and flee the state. I thought that was wrong and did not do it. I now know that is what I should have done. There is no justice in Alaska, unless your name is Palin. Justice is important to a society. When justice breaks down it promotes lawless acts out of desperation.

Again let me say it is not that I think Diana’s sentence is wrong, I do not. It is the sentences of everyone else in her situation that are wrong and the special treatment of anyone named Palin that has angered me. People who commit crimes because of addiction first and foremost should get treatment. Long term treatment works best. Why are some people demonized and others held up as victims in the same situation? In my case the Nome Nugget wrote that I admitted I was a recovering addict and alcoholic as if that is a bad thing. I don’t even know exactly how long I have not drank as it has been so long. I actually drank much less than many who do not believe their drinking is even a problem at all. I drank rarely, but due to honestly realized when I did it was a problem. Being in recovery is not a bad thing, but a very good thing, and something to be very proud of. I talked about it all the time because there is a high rate of addiction in Nome and in healthcare in general. In fact there was a doctor in Nome giving out huge amounts of narcotics and I had spoken out about it. She was a part of the bullying system there also and one of the reasons I was targeted was her fear of me. It helps others when we discuss addiction openly. They did a great disservice to the community of Nome just to try and make me look bad for something that is positive. You can bet the newspaper staff had the serial bullies and the prosecutor encouraging them to write this propaganda about me.

They allowed Diana Palin to go somewhere and get treatment. When I was incarcerated at Hiland Mountain the heroin addicts which would have similar withdrawal to the type Diana had were just left to go cold turkey. I assume she probably was addicted to Oxycontin. They threw up and had diarrhea all over the place. The corrections officers mocked them and ignored one woman who was bleeding. They would not even give her a clean pair of pants when she had diarrhea all over herself. One very young heroin addict was so ill she could barely walk, they made them do the same things everyone else was doing. She had to go to the dinning room. When she got up to get in line, she passed out. I held her legs up so her brain would be perfused with blood and she would become conscious and she did. The corrections officer screamed at me and said not to touch her. He then screamed at her for faking a seizure. There had been no seizure at all, she passed out which is typical of heroin addicts in withdrawal, he is a dumbshit. They allowed the corrections officers to make medical decisions on inmates and they were quite abusive to anyone who complained about any type of medical issue. It would be interesting to know if Diana went through withdrawal at Hiland Mountain or if she was transferred to a medical facility or even if they put her in the medical unit at Hiland Mountain for withdrawal from narcotics this would be unusual indeed.

AS 12.55.085. Suspending Imposition of Sentence.
(f) The court may not suspend the imposition of sentence of a person who
  (3) is convicted of a violation of AS 11.41.230 -11.41.250...

11.41.250 Wreckless Endangerment is one of the crimes against persons. These types of crimes are not supposed to get SIS. Diana Palin was originally charged with three counts of AS 11.41.250, Reckless Endangerment. I do not know what she plead to, they all three may have been dropped. That would make it legal for the judge to give her SIS, but still wrong since no other defendant in her position would have gotten it, they would have gone to jail for years, not gotten SIS probation, had no chemical dependency outpatient treatment, and been smeared by the news media.

Update(correction): I was tired and did not read this statute carefully enough.  My bad. It does appear that Diana did take as one of her pleas a count of reckless endangerment, but she would qualify for SIS because if I had read further it states she also would need to have a prior similar charge or felony charge to disqualify her from SIS.

(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having substantially similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction.

AG ERIC HOLDER BRINGS THE JUSTICE SYSTEM BACK INTO THE BUSINESS OF PROTECTING CIVIL RIGHTS

The lawyer for former Rep. Pete Kott said in court Tuesday that federal prosecutors might have knowingly used perjured testimony to send Kott to prison on corruption charges.
http://www.adn.com/news/politics/fbi/kott/story/1016683.html

You know these crooked politicians in Alaska don’t care if the citizens in Alaska are convicted using perjury. They also don’t care if people are wrongly charged or imprisoned, but they sure do scream loud when it happens to them(That‘s if it is even true). In Alaska we don’t get anyone from the justice department to look into the allegations. We get ignored, we get politicians saying it is the judicial branch and they have nothing to do with it. We get Richard Svobodney saying the DOJ or department of law will not do anything about the prosecutor that maliciously prosecuted us and slam the phone down in our ears.

No defendant of any kind should have perjured evidence used against them. You would think it would be obvious and quite ridiculous for me to say so, but apparently this is not known in Alaska. Justice is not what many prosecutors are looking for. They decide who they “want” for a crime and they shape the evidence to fit that person. They talk people into changing their testimony, knowingly use the lies of sociopaths(their testimony should be inadmissible), hold evidence back which would help the defense, and lie themselves. They are not held accountable as far as I can tell in the state of Alaska. In my case they even went so far as to give false information to the newspaper and printed something false in the department of law’s own newsletter about me. Does anyone care about that? No, of course not.

Now Kott has a federal public defender, well he better hope they gave him a sober one instead of one like the chronic inebriate I got. Then when she went to rehab I got another gem who lied to me to get me to take a plea when I wanted a trial. Then her office did not tell me about a hearing, nor did one of them go and the judge issued a warrant based on false evidence the Texas born and bred assistant ADA gave him. Public defender #2 left the agency(her boss then blamed the problems on her), then public defender #3 a very recently former prosecutor from you’ll never guess, Texas lied to me again to manipulate me and prevented evidence I had gathered myself from being used. I tried like hell to put the case together, however they were never going to allow the truth to come out about what had really happened. All the while Quinlan Steiner their boss was informed by me every step of the way what the problems were and ignore me. After I was wrongfully imprisoned I had to go through the commissioner’s office to get him to return phone calls. They lie on both sides. Now, I know the state does not give much funding to the public defender agency, but that is not an excuse for what has happened.

I happen to know not all attorneys lie as I know some from other states. Many of them believe very strongly in our justice system. They believe in truth and due process. I do also that is why I have been outspoken about this. At one point I wrote a letter to Judge Esch and told him I thought Nome had broken off of Alaska and floated over to Russia. Of all the things we have lost in this country the one that has angered me the most is the loss of our justice system to dishonest, unethical lawyers.

We have had a reversal of the corruption in the federal legal system with the actions of Attorney General Eric Holder. He believes in our constitution and so far has demonstrated that he intends to conduct his investigations and prosecutions with the highest regard for due process, civil rights, and ethics. It has been a beautiful thing to watch.

This is one of my favorite prosecutions so far because it sends a strong message about the abuse in our prison systems:

Department of Justice

Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, November 17, 2009

Bexar County, Texas, Corrections Officer Indicted on Civil Rights Charges


WASHINGTON – Daniel Melgoza, a Bexar County, Texas, Corrections Officer, was charged today in a four-count federal indictment with violating the civil rights of two detainees and obstructing justice. The charges stem from two December 2004 incidents in which Melgoza, 54, of San Antonio, allegedly assaulted inmates at the Bexar County Detention Center by kicking and striking them. The indictment also charges Melgoza with obstructing justice by providing false statements about the assaults.


An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendants are presumed innocent unless and until proven guilty.

If convicted, the defendant faces maximum penalties of 10 years imprisonment on each of the civil rights charges and 20 years imprisonment on each of the obstruction charges.


This case was investigated by Special Agent Mirella Rodriguez of the San Antonio Division of the FBI with assistance from the Bexar County Sheriff’s Office, and is being prosecuted by Civil Rights Division Trial Attorney Christopher Lomax and Special Litigation Counsel Jeffrey Blumberg.
http://www.justice.gov/opa/pr/2009/November/09-crt-1244.html

Hello eighth amendment, nice to have you back in the United States! I really hope you will be visiting the courts and prisons in Alaska soon.

WE'RE #2 IN ALASKA. LOUISIANA BEAT US FOR THE #1 SPOT

CBS News has done a five month investigation into rape kit testing which included Anchorage Alaska. I wish they had checked on the rural areas.

Now, a five-month CBS News investigation of 24 cities and states has found more than 6,000 rape kits from active investigations waiting months, even years to be tested.

On average, six months in Rhode Island, Alabama and Illinois. It can take nearly a year in Missouri. Up to three years in Anchorage, Alaska. One state, Louisiana, has rape kits dating as far back as 2001 waiting to be tested.(1)

We're number two second only to Louisiana. I can only imagine the jealousy in the leadership of law enforcement and  the leadership at the department of law in Alaska over Louisiana flaunting their  incompetence and corruption skills so shamelessly. Maybe if we check how long it takes to test the kits in the rural areas we could beat them?

Wonder why the number of rapes is so high here in Alaska? Not testing rape kits is a huge contributor. In the villages I found out if the woman does not want to press charges the state does not prosecute. We know it is common for women who are in a domestic violence situation to not want to prosecute out of fear of retaliation. At least 1/3 of women raped know the man who assaults them. The women also face some pressure from family and neighbors not to prosecute in small close knit communities. Most states have laws that if there is a domestic violence incident someone gets arrested. This is also done to diffuse the situation. If there is evidence of a rape the state should be investigating the evidence even if the victim does not want them to just like arresting and prosecuting someone for domestic violence when their partner does not want them arrested.

"It's absolutely astounding," said Sarah Tofte, Research Director at Human Rights Watch. "What's the point of sending a rape kit to a crime lab for testing if you can't get to it for say, eight years?"(1)

Here in Alaska we had a female Mayor in Wasilla, Sarah Palin who charged women who had been raped for the rape kits which sends the message that the crime of rape is not taken seriously(4). If you want justice you have to pay for it yourself. Crimes against women have a history of being put on the back burner or not taken very seriously. We know this from many serial rape cases and serial murder cases where poor, minorities, or prostitutes are not given attention until the numbers of missing, murdered. or raped are very large. I was raped over thirty years ago by eight men in another state and because the owner of the home it happened in was the son of a prominent man in California the police would not even investigate. This incident did change the course of my life. If I could have gotten justice or counseling it would have helped me heal faster. I have to say that here in Alaska I have encountered trauma much worse than that rape and injustice of hugely incompetent and corrupt proportions.

Not only does Alaska have the responsibility to women who were already raped they have the responsibility to protect those who potentially will be raped by a serial perpetrator. There is also a responsibility to catch rapists at early stages because some of them can be rehabilitated. The more times they rape the less their potential for finding a way to stop and the high recidivism rate is made worse because of this. I believe catching them early by educating the public on the importance of reporting any and all rapes is important. This can be done by letting women know they will be supported by not only the state, but their families, and communities. I do not mean to ignore male rape victims, this is all just as important for them.

The other side of the coin is there are many cases of men in prison for rapes they did not commit based on crap science. We know eye witnesses are a very poor source of evidence and are very often wrong or influenced by investigators. The way line ups are done in Alaska has come under scrutiny. The department of law is finally allowing a case in which DNA testing can be done in the Gregory Marino murder case.   DNA evidence could also be used in rape cases to exonerate men falsely accused of rape and/or find the real perpetrator.

These situations are horrible because people are in prison who are innocent and the guilty party can be continuing to rape. I believe these mistakes in prosecution are the reasons they blocked DNA testing to exonerate men from convictions and they also know it is going to cost a lot of money. On the other hand if the conviction was correct use the DNA testing to prove it beyond a doubt. I would also like to see the statistics on how many rape kits are from rapes on native women and then the number which are not tested due to the women not wanting to prosecute as compared to other reasons.

Alaska is one of three states in the U.S. that doesn’t have a DNA access law, along with Massachusetts and Oklahoma. Representative Bob Lynn (R-Anchorage) has a bill currently in the legislature that would allow for post-conviction DNA testing, if the applicant can show that the results could establish a reasonable doubt as to the applicant’s guilt of the crime he or she was convicted of.(2)

Alaska is always one of the top holdouts for justice. Since 1989 two-hundred-forty-five cases in this country have been exonerated using DNA(5), that should be proof enough that there could be prosecution errors in Alaska. Can you imagine being in prison for years and be innocent, saying you are innocent, not believed, or even abused by prison guards for saying it. I can because it happened to me for a short amount of time compared to their stories.

This is why Bob Lynn had to write this law and I think it says it all about the DOL:

Lawyers for the state were thrilled with the ruling. Had it gone the other way, states could have been forced to hold onto evidence forever, on the chance that new tests would materialize down the road, said Richard Svobodny, Alaska deputy attorney general over criminal matters.(3)

That is the same Richard Svobodny who told me they would never do anything about my wrongful prosecution and imprisonment caused by ADA John Earthman and the lies told about me to news media.

"Even though we don't have a specific DNA statute, what we have is perfectly adequate. More than adequate," said Ken Rosenstein, the lead lawyer for the state in the Osborne appeal.

Still, they acknowledge no Alaska convict has ever had DNA testing of evidence after a conviction. A court ruled in favor of one convict, but by the time the test was attempted, the evidence had been destroyed(of course).(3)

No convict has ever had DNA testing, The DOL believes what we have is perfectly adequate for the pitiful lack of due process in Alaska.

Senator Hollis French (D-Anchorage) has a related bill that would enforce preservation of evidence, particularly biological evidence that would need to be kept in sufficient quantities and proper conditions to allow future DNA testing. According to French’s office, the bill is supported by the Departments of Law and Public Safety, the Alaska Association of Chiefs of Police, and the Alaska Network on Domestic Violence and Sexual Assault. It’s expected the bill will pass in the upcoming legislative session.(2)

This bill and the one Representative Lynn wrote may be why the DOL finally agreed to have DNA testing done on a post conviction case and I am thankful someone cares enough about fair justice in Alaska to write them. I am very surprised considering their history that the DOL is supporting it. I guess justice can only be forced on them. I know from my own personal experience they care little about facts and there are huge due process problems with the judicial system as evidenced by the William Osborne case. The Supreme Court ruled that an inmate had no right to post conviction testing of DNA stating that the states post conviction relief procedures are adequate. That is a huge load of very smelly manure otherwise the department of law would not be blocking the testing of the DNA in his case to begin with. The very fact that no one has been allowed to have DNA testing and he had to go to the Supreme Court to begin with makes it clear.


(1)http://www.cbsnews.com/stories/2009/11/10/cbsnews_investigates/main5603492.shtml?tag=stack

(2)http://www.anchoragepress.com/articles/2009/10/30/news/doc4adf7ec9e7c75511769557.txt

(3)http://www.adn.com/front/story/836388.html

(4)http://www.huffingtonpost.com/jacob-alperinsheriff/sarah-palin-instituted-ra_b_125833.html

(5)http://www.innocenceproject.org/Content/351.php