Jasons Page

2011-10-01T18:54:00.002-04:00

Big Debt, Ignorance and Empire

The new risk of a double dip recession and government debt approaching 100% of annual GDP are consequences of long term interventionism, both domestically and internationally. Generations of government knows best paternalism has succumbed to accumulated debt and over-obligation. Welcome to the death throes of an empire.

Beginning with the industrial revolution government began to acknowledge the corporate construct as the economic vehicle of choice to match manufacturing to labor. All government had to do was enforce laws to regulate the architecture of U.S. commerce and the corporations would function as benevolent monarchies - serving the interests of themselves, their employees and the government that allows them to function so well. This is still the Pablum the U.S. sells to foreign countries and to domestic voters. Possibly there existed such an ideal and delicate balance for two consecutive quarters in the 1920's. Corporate self-interest quickly off loaded obligations onto the government and subverted regulations, thereby feigning support for a democratic populace while functioning as independent, and not benevolent, monarchies.

World war two kinked this trend domestically, but in a perverse twist, brought the degenerate trend international. The idea of a populace subservient to an industry or monolithic corporations was not foreign to broken and frustrated survivors of world war. However, the charade that neither they nor their government were serfs to the industrialists was quite novel. The U.S. sold this inverted relationship between industry and government as the means by which they were able to join and win WWII.

"Just be like us. Our industriousness begets economic self-determination." Please ignore the fact that war is a grotesquely leveraged government jobs program and all subsequent employment depends on the government as a customer or a benefactor, in the form of subsidies, tax breaks, land grants, tax waivers, government backed insurance ... [more small print disclaimer bull shit]

Why not follow the lead of the captain that won the game for the team? Rebuild industry and establish economic self-determinism; all under the paternalistic U.S. military industry. Military cooperation worked well and functions as a paradigm for corporate cooperation, which requires U.S. military protection - just for security (wink, wink). Again, please neglect that an ideal government and financial model would stand on its own merits and not require military garrison to impress upon a previously sovereign nation.

All future transactions from this point on are under varying degrees of duress for the victim country. The long, undignified and overt shadow of global garrisoning by the U.S. has become tacit over three generations and intervening Korean and Vietnamese conflicts. By the Reagan/Bush I era the cost of doing business with the U.S. entailed a one-sided military agreement that required garrisoning by the U.S. This intervention is always accompanied by financial infiltration by economic hit men for the big multinationals (military contractors, natural resource exploiters, financial subjugators etc.), that is to say that this is a tacit occupation by its military/industrial symbiont. From the former sovereign's perspective the most insidious global racketeers have mugged them for the privilege of membership in the global archipelago of foreign U.S. - hideous oxymoron - military installations.

There are well over 500 such installations (737 in 2007). This does not consider supposedly domestic federal agencies that imitate this infiltration paradigm, while operating under their own agreement. E.g. the DEA operates 80 offices in 62 countries under the guise of public safety; although prosecutor and prison industry job security are the only observable "public safety" effects. Of course this is the point - create an imagined problem, infiltrate militarily to correct it (under some specious appeal to safety or security of the populace), open the money taps to the corporations that engineered the false problem and onerous solution, repeat globally. The victim country beefs up their cops,their military, and their prisons and becomes a serf nation in the image of the U.S. – supplicant to the corporate construct of the exploiters and subjugators mentioned above.

The predator corporations employ political/social engineering, and often private military divisions to maintain their operations under the new established order. This should seem familiar to U.S. citizens; it is the raison d'etre of the CIA!
The Vietnam era brought too much transparency to this method of creeping empire. Instead of a re-evaluation and adjustment of insidious behavior, the corporate gangsters simply twisted a side effect of the Vietnam insurrection - global distribution of primo Asian heroin by the U.S. military - as the new problem requiring yet more permanent garrisoning by U.S. agencies. This follows the Roman decline whereby; assassination of the Imperial Caesar brought only more imperialism in the form of the three emperor triumvirate, rather than a return to representative government.

Three plus generations of this accelerating imperialism is finally paying off with self-destruction. After putting so many thumbs in so many eyes for 50+ years - and considering everything a necessary success - a group of Middle Easterners called Al-queda made their dissent known. Yet again, like the refusal to abandon international imperial behavior upon international disenfranchisement for the Vietnam debacle, the U.S. chose to speed up collapse with an increase in imperialism toward the Middle East. Intervention and occupation that inspired suicide hijackers has been nothing more than a government funded jobs program for profiteer contractors . The result has been financial collapse and a high contrast exclamation point to mark the “flame out” of the greatest democracy known to have existed.

Every solution, and resulting problem, implemented by the U.S. government is the repercussion of intervention that aggravates, instead of counteracts, the perceived problems. This applies domestically and internationally. There is a bullshit political propaganda aphorism often utilized to promote the continuing U.S. imperialism abroad, via the military/corporate construct, and corporate/extreme wealth class domestically that states: "a rising tide floats all boats." This can be recast to address interventionism: "Inverse correction aggravates all problems."

The U.S. budget (domestic economics) is a perfect representation. Every effort to counteract economic cycles with government spending accelerates the rebound, and is not throttled back upon recovery. Thus, there is increased waste of subsidies to corporations, excessive garrisoning of the planet (which acts as security for the corporations molesting the resources of the occupied countries), foregone collection of fees and taxes, and assumption of pension defaults and all general social welfare etc.

Upon the next - and unnecessarily larger – down stroke, comes more poisonous government/military support of corporations; the debilitating assumption of corporate defaults is undertaken and self-destruction is assured. This is the equivalent of taking unneeded steroids as a teenager, and then consuming increasing amounts until near lethal doses will not sustain life in middle age. The U.S. has gone from middle aged to death by this paradigm, in fifty years.

The kicker is that the parasite - the corporate construct - now thrives on its own. It flies high from the broken springboard of U.S. imperialism, in every established and emerging economy in the world. Perversely these countries are less the victim than the U.S. They assume no un-remunerated material nor financial supporting role for the predatory corporations. Most are, in fact, savvy enough to collect due fees and taxes that the U.S. inexplicably waives domestically. Thus the corporate construct sits on deck as the next imperial power whilst the U.S. recedes into ignominy.

© Jason Pecci 2011

Culture Shock

2011-09-05T13:29:00.003-04:00

Dear Senator,

Jim Webbs bill, The Second Chance Act, S. 306, for a commission to study criminal justice reform is taking too long to move forward. This is supported by several hundred organizations, and millions of people. What is the problem; why the stall tactic?

Corrections Corporation of America is now buying an Ohio State Prison. We need to reduce our prison population, not continue 'as is' for profit. Who are their lobbyists? Who is being subtly paid off? How many of our decision makers own stock in this publicly traded company? These are some of the questions that need answering in order to discover where and why the passing of this bill is stalled.

OK, the deficit is not the problem here; could it be the fear of unemployment? Those who want Obama out want to keep those numbers where they are. At the same time they don’t want to increase unemployment, by decreasing the number of prison guards. Everyone in the U.S. Congress appears to be sitting on their hands, regarding S.306.

Prison Guards unions and others involved in our “Incarceration Nation” are being coddled; the barbed wire companies, the telephone companies, the canteen companies, the clothing manufacturers, shoe companies, even paper companies making a huge profit on toilet paper.

The list goes on to the tune of; cost per inmate per year of $40,000 and up to $70,000 per year for older inmates with health issues. Average $55,000 times 2.5 million inmates on any particular day and that is a burden the tax payer doesn’t need. This cost does not include those other 4 million people that are in county jails, on parole or probation.

To use looming unemployment of prison employees and reduced profits of the prison industrial complex as an excuse to put forward this sick cultural phenomenon is just that. SICK!

In the mean time we are firing teachers and not refilling positions all over the country when education is precisely what our future citizen’s need.

We are a country biting of our nose in spite of our face; eating our own entrails.

grassrootsleadership.org says / “Privatization erodes public control and oversight. Nowhere is privatization more insidious than in the corporate takeover of our criminal justice system. For-profit corporations own and run hundreds of prisons, jails, and detention centers in this country. For these companies, every prisoner is a profit center, every crime a business opportunity, and rehabilitation is bad for business.” This flows over into the public sector as far as I am concerned because any way you look at it the tax payer is footing the bill.

Thirty years ago we doubled felony sentencing and added mandatory minimums taking away a judges responsibility to make determinations according to circumstance. We then added the AEDPA and rubber stamped every conviction by the denial of habeas corpus. This subliminally gives the lower courts free reign to do whatever they would like in overcharging and over-sentencing with no fear of the consequence for unethical behavior. Our prosecutors have more power than any other entity and we have virtually criminalized the District Attorney’s by making these bad decisions. This quadruple whammy is costing the tax payer billion’s annually and costing inmates and families, as victims of our criminal justice system, more in suffering.
I urge you to do everything you can to put this bill S.306 forward.

Respectfully,
Mary-Ellen Pecci

Pseudo Obituary

2011-08-21T11:46:00.004-04:00

Richard "Dick" Cheney 1940-2011
Founder of the Corporate/Government Hybrid Structure.

If anyone in U.S. politics died fifty years too late it was Dick Cheney. He lived his last years in redoubt at his ranch in Wyoming. More noteworthy than his dislocation from national politics was his lack of a pulse due to the continuous pressure of a heart assist device. Mr. Cheney died as an apt metaphor for his life in the corpora-political world he fostered - operating pulseless from a remote location.

He received his political science education in the early and mid 60's, when Eisenhower's warnings of a military industrial complex subsuming healthy government were increasingly disregarded. Mr. Cheney saw the depth and width of public treasure flowing to that complex through the white house and surfed upon it to his first job - aid to Richard "Tricky Dick" Nixon. Mr. Cheney functioned exquisitely as a defense contractor liaison to the white house under both presidents Nixon and Ford, for as long as he could sustain the Vietnam conflict. In his seven years there he dug an information hole so deep that he crapped the Vietnam post conflict analysis ("Tiger Team Report") into the void upon departure and echoes of it hitting bottom were not heard until he finished six terms in the House of Representatives. Without an obvious or large scale military conflict for focus Mr. Cheney became the progenitor of a new western energy politics that saw no destructive edict, tenet nor philosophy not worthy of full government subsidy. This stretch in the federal legislature completed his maturity in the corporate dark arts.

Reminiscent of his jump from political science PhD student to white house insider, Cheney became CEO and chairman of energy market manipulation giant Halliburton. This made him George H.W. Bush's choice for secretary of defense, during which time he developed his greatest facility for, and impunity to, government/ corporate double agency. He transferred so much public treasure to private enterprise, through non-competitive sealed bid contracts and waivers of taxes and fees, that when the next competitive republican election came around in 2000 he was the logical backstop to candidate George W. Bush.

As vice presidential candidate Mr. Cheney's sheer political mass countered electoral gravity and allowed Supreme Court appointment of him and Mr. Bush as co-chief executives of the United States of America. He was rewarded with free reign to continue the same deceptions as his previous two unelected tenures in executive power. Mr. Cheney executed in a hunkered down, off the reservation, new world political mode akin to the Colonel Kurtz character in Apocalypse Now. The metaphorical information pit was transformed into a literal walk-in safe and no business conducted in the Vice-President's office was public. The materials and matters that passed through the safe and office will never be known, thus the preposterous safe - not without irony, became a metaphor for the redefining and subversive execution of his public obligations; perfectly analogous to Marlon Brando's portrayal of Col. Kurtz. His most salient public statement during the grinding collapse of the republic he was supposed to be protecting was telling Representative Patrick Leahy to go fuck himself, after a contentious visit to the chamber - a government entity that he was truly, rather than by political wrenching, the president of. The net result of this third tenure was that so much more public revenue was transferred to the private banking, energy and defense sectors that the U.S. economy collapsed in concert with the end of his second term.

Mr. Cheney's function as public to private money funnel was finally exhausted. His corporate patron, Halliburton, had relocated to the United Arab Emirates in advance of the financial collapse and could no longer bear the liability of his name on their letter head. He punctuated his retreat to rural Wyoming with an autobiography that obtusely disregarded his own obtuse disregard for his public obligations. The tome was a deathbed rationalization of his deference to the corporate construct as generally beneficial. The public received it as yet another "GO fuck yourself!" from the most successfully subversive politician in U.S. history.

Even the secret service agents that preserved his pulseless body so far beyond its deserved span knew the detriment he brought to millions. Joblessness, reduced public and private pensions, and the structural financial damage to the U.S. will always remind people of democratic philosophy that Dick Cheney fucked them with abject capitalism; and assassinated the compatible democratic capitalism that came before him.
Jason Pecci

try this url

2011-08-07T14:10:00.003-04:00

http://www.uma.edu/spring2011deanslist.html. I believe if you click on this url it will put this site into a better position on Google page. It might be nice if it were 1st on the list for my job hunting excursion. I will be graduating in December and need a good job in order to fly back and forth to Colorado to visit Jason. Have a good rest of the summer. Mary-Ellen

To Understand Your Convicts, Know Your Legal System

2011-01-28T15:11:00.002-05:00

To Understand Your Convicts, Know Your Legal System

"You know what I hated most about prison? The guys who pretended they wanted to get out." -Jeremy Renner character in 'The Town'

That simple quote paints a broad picture of the incarcerated in the U.S. One should appreciate such a concise line for its density and ability to present a full sub-total at a pivotal point in a good movie. The execution of such good drama should also warn you of the falsity of the statement. Nobody wants to stay.

Most people accept their sentences, estimate survivability and hope to not die in prison. I know of no amount of de-socialization nor institutionalization that renders an inmate void of desire to get out of prison. Numerous degrees of resignation and/or denial exist in inmates, usually proportional to their sentence as a fraction of their life expectancy and their mental fortitude, as necessary adaptations to a shitty environment. None of these mental contortions leads to a state of institutional denial where a person feigns interest in leaving yet prefers prison life. Resignation is not preference.

What incarceration offers is a break from the relative motion of non¬-incarcerated life. An onerous timeout whereby a person is beat down the Mazlow hierarchy to a survival routine, and social needs become a glow below the horizon. The effectiveness of prison is the acute sensation of arrested motion contrasted with outside life - trials, tribulations, money, social interaction, pleasure, pain and the general "What's next?" joie de vivre of western social existence. The glow below the horizon is always visible and it is disingenuous to believe that that glow holds no allure, especially in contrast to prison.

Now there is a class of social predator inmate that the author of the quote is likely referring to. Natural born to the socialistic environment coercion of the less adapted, these true convicts are scumbags comprised of naked hostility and greed who exercise extortion, intimidation and violent whim to distinguish themselves disproportionately to the suffering they cause; the prison ambitious that step on the rank and file to appear taller. Without law school intellect nor military comportment they ply the trades of prosecutors and cops, from the other side of appearance - same game, different arena.

The arena outside prison uses the “what’s next?” dynamic of modern life as camouflage for the manipulation game. Coy and righteous, it flows from U.S. courthouses in high rhetoric, the silk tie barbarians protecting you from the hoodlum barbarians. Converted to prison denim barbarians for your supposed protection, you are expected to believe they are best acclimated for prison and do not wish to return to the outside. Bullshit! They are the competition locked out of the ivory tower and incarcerated to keep them from breeching the moat. The class of inmate you are expected to believe wants to remain in prison is the social equal, in their respective environment, to the cop, prosecutor and judge. Each pulls levers of coercion to elevate themselves by extreme victimization.

“Every cop is a criminal, every sinner, [a] saint. Just call me Lucifer because I’m in need of some restraint.” – Rolling Stones, 'Sympathy for the Devil'

So, as nice as it is to imagine people so fucked up that they want to stay in prison – oh! How easy to rationalize a clear conscience; “they belong there and want to stay there” – they do not exist. What exists are people getting progressively more fucked up while genuinely wanting to get out. This truth is manifest in the continuation of the lead quote. Mr. Renner concludes: “If this thing goes sideways I’m going to have to hold court in the street. I’m not going back [to prison],” a concise and accurate way of saying that the dynamic conclusion of dying in a shootout is preferable to the arrested motion of life in prison.

Responses of all kinds welcome to the letters posted to FOUL JUDICIARY

2010-12-31T10:52:00.000-05:00

Letters to foul judicial compatriots

2010-12-31T10:44:00.002-05:00

TO:Eighth Judicial District of Colorado, case no. Ol-CR-465 Sentencing Judge, Terrence Gilmore

Upon the recent collapse of my petition for habeas corpus to the Federal District of Colorado I have had to accept that the treachery of Kathryn Hay does not constitute legal representation below expectation of the Sixth Amendment.
As you are aware, from the content of my attempts at post¬-conviction remedy, Ms. Hay assumed the prosecution's mantle of making aggrandized misrepresentations to the court. The prosecution had no cause to refute her duplicity on their behalf and that false foundation favored a maximum sentence. Expedience minimized victim family backlash and was offensive only to the evidence and to the defendant. I suspect we do not disagree that I am a dupe squared - the dupe of Ms. Hay who is in turn a dupe of…

My family and I are aware that you cannot acknowledge this subjugated master structure of the public defender/prosecution court system. We hope that in lieu of acknowledgment you can sign the attached, legally vacuous, statement. It meets the judicial expectancy of non-accountability while proffering the pseudo-legal pabulum that parole boards lap up. This could provide some correction to Kathryn Hay's treachery without acknowledging the genesis nor systemic necessity of her civil perversion.

Conversely, if you cannot respond affirmatively, I hope you may reply as to why a maximum sentence was your exclusive choice.

Thank You,
Jason Pecci

*Congratulations on your success in this regard. I was not able to develop that species of avoidance, which is the de rigueur talent for success in our western culture. Please consider me to proof your memoir when it is drafted.

TO:Public Defenders Office, Eighth Judicial District of Colorado, Case No. Ol-CR-465
Kathryn Hay

The collapse of my federal habeas corpus has proven, after nine years and the review of three courts, that your treacherous representation of me did not fall below the Sixth Amendment expectation of representation. All three courts honor you by faithfully reiterating your fabrications as grounds to not perform the discovery you avoided.

In retrospect my family and I would not have been surprised if you could not have defended against lies perpetrated by the prosecution - thus is the design of the system. I believe that may have been what you were tacitly telling me when you brought your boss to sell me on the plea agreement - that your office could not provide a defense. What has absolutely disgusted us is that you chose to provide an offense and fabricated false circumstances exactly diametric to the true circumstances; which you had extolled to my family as basis for a defense.

I suspect you saw the doormat in me that brings out the victimizer in women of repressed misandry. You exercised a new species of distilled, high speed, misandry based treachery on me that only my mother foresaw. The fact that nobody would believe her accurate estimate of you then and no court will disbelieve your lies now is the greatest injustice deriving from your foul existence.

Sincerely,
Jason Pecci

R E P R O O F / 2010, Issue 3

2010-12-30T20:05:00.002-05:00

REPROOF

While everyone’s noses were to the grindstone the country was sold…as were the grindstones

Vulgarity of Abuse
The Frank-Todd financial reform bill worked through the federal legislature this summer with a small fraction of the public attention health care received. The purpose of the bill was to reinstate the regulations of the Glass-Stegall Act and return financial institutions to less hazardous practices. Restore fundamentally responsible behavior to the “financial sector” - no go! Banks, mutual funds and their insurers wish to retain their right of recklessness and to sabotage the greatest economy in human history. The corporate structure, that U.S. banking supports, has effectively supplanted government and does reserve the right to suicide. The public’s lack of awareness of financial reform is the measure and proof of their structural omnipotence.

You have heard little of the attempt to re-establish standards because the insiders have pre-emptively fixed re-regulation. Debt and foreclosures are high, asset values and employment are depressed, savings and loan banks are static at exactly the time dynamism is needed and investment banks are making sure their stroke to ejaculate the last public treasure to Arabia and China remains undiminished. Their vision does not include the long term solvency of the American consumer/worker (1), only continuation as shills for the front corporations and sovereign wealth funds pulling the last wealth from the U.S. The manipulation to maintain this treachery is first; to dilute legislation at its inception and second; to further beat down the enfeebled laws at the point of codification into agency regulation.
U.S. citizens are victims to these manipulations by virtue of our debt and joblessness. Already a central tenet of reform to prohibit savings banks from speculative investing (2) has been whitewashed. Investment banking has opened by reversing the establishment of an open market for derivatives. (3) These body-blows contrive a route for small banks and investor America to continue to send savings into the next speculation abyss and finish the U.S. financial implosion. Whatever pushback against self-destruction and consumer victimization that was not beaten out of the bill, will be suppressed in the aforementioned implementation phase. Even in the face of legislation to serve the financial health of the people and the republic, the financial industry has demonstrated that government is only the funnel of working class capital to them (mortgages, retirement accounts, failed FDIC insured banks, consumer debt…(4) and no attempts to restrict the flow will be tolerated.

…more cocaine for chest pain…
The private and public status now is: supplemental war spending made U.S. debt insurmountable around 2005; one-third of the $4 trillion of consumer debt is delinquent; the basement interest rate acts as a $350 billion/year tax upon the investor /saver class; structural unemployment is up from 5 to 6½%. This means any change makes the other aspects even worse – a mutually regressive relationship. (i.e. government cannot generate more revenue without more negative impact on employment and savers, employment/production has no domestic headroom to expand, foreign / export market are cold…) The result is that both savers and investment hotshots have refined a gambler’s need to double down and bring back pre-recession balance sheets.

The delusion required to ignore, minimize, and obfuscate this financial shit storm, and throw off house limits (regulation) to go all in, is no less than belligerent. The financial industry is a distillation of the corporate construct absolutely immune to reform or civil responsibility. Citizens are caught in a vice of their compensation to arrest further financial misfortune and manipulation by the money mills to return to the speculation rave for another collapse. A citizen’s only option is survival mode adaptation to what is being termed “the new normal”; the first, forced, debilitating step in muddling toward frugality (5) as the U.S. financially convulses.

Getting used to the new normal could be a minor adjustment. If the Wall Street gamblers neuter regulation to their full discretion, a return to recklessness is imminent and the final “financial service” we experience may be national insolvency. Real culture shock will then be making wind generators and solar panels for the Arabs and Chinese from melted down U.S. warships, airplanes, trains, automobiles, derelict bridges, buildings, pipe and rail lines…and all the other detritus of a collapsed empire.

(1) – with rare exceptions of banks that participated in the 1977 Community Reinvestment Act and supported civic development consistent with their profit interests.
(2) - e.g. your local bank puts the county retirement into a mutual fund of unknown provenance.
(3) – The “open” market will be run by four investment houses, constituting an oligarchy not “open” market. They further reserve the right to declare any derivative “private” and broker it individually; off the market. Anti-trust by definition.
(4) – See Reproof 10-1 re: discussion of retracting student loans from this list, which represents the only successful financial reform known to Reproof.
(5) – See Reproof 10-2 book review: “Muddling Toward Frugality.”

Afterward from The Economist, Sept. 11, 2010; Buttonwood The Cycle Lane – “…several long-term cycles seem to be moving in a hostile direction for western economies, with commodity prices rising, populations ageing and debt spree unwinding. That is not necessarily bad news for financial markets… but does suggest that a very awkward decade lies ahead.”

How Much Working Class Blues?
“I could pay one half of the working class to shoot the other half.”-Stephan Gould, railroad financier.

Labor has always been subject to the whims of capital, and pays a terrible price when capital stops flowing. The financiers cash in and wait for their market segment (commodities, public/private banking/finance, insurance, currency exchange…) to de-constipate; then go back to trading paper for a bank balance that looks more like a government budget line item.

Bonds for unemployment are big during this waiting period (which is turning into a permanent condition; see above article re: the “new normal”). Increasing public debt and a depressed working class should make all the structural faults against the general public and biased to the financial manipulators- manifestly obvious. Then, in a society of democracy and liberty, corrections would be made to restore earned living conditions and jobs security to the public; for the overall social security that government is responsible for. This would be true for a citizen concentric government, not the U.S. corporcentric government. For this reason the U.S. is the 11th best country for a working class citizen to live in. (1)

One must wonder if Gould is correct, in that the organs controlling capital (the corporate construct) could induce enough desperation for the working class to thin their own herd by ½ - then, of course, not collect double the wage for their efforts. Trend indicates this to be so: increases in xenophobia, incarceration, expectations of law enforcement and courts, continuously maintained and more robust infrastructure..; and willingness to subcontract to the corporate construct for perceived quality. Reproof asserts that as few as 10% of “elites” in a population would willingly physically incarcerate the 90% (2) before a tipping point, and a complete restructuring of the degenerate society, were reached. We currently exist with about 2% of the U.S. population financially incarcerating the remainder, in which pension fund profits and all industry capitalization is dependent upon them. Further we are held hostage (confined to our cells in the incarceration analogy) when our labor capital is insufficient for their profit margins. Then abuse kicks in and defect of pseudo- democracy subjugated to capitalism shows through.

The need for regulation becomes apparent and the purpose of revolution should become viscerally understood.

A dramatic movie based upon the Stanford prison experiment is coming out Sept. 2010. The experiment was aborted after only an alarmingly short two days, due to abuse by the unregulated guard actors. The movie extrapolates past this safety cut-off to explore revolution and vengeance.

This is a microcosmic analogy to the sociologic whirlpool the U.S. has churned up over the past decade and starkly presents the questions of: What are the limits of fundamental unfairness? What response will be forthcoming?

If you see the literal expose of extravagance, abuse and possible retaliation; Wall Street II: Money Never Sleeps; seek out this metaphorical treatise, to really understand how fundamentally fucked we may be.

What % of citizens alive now do you speculate will see the end of the U.S. republic?

(1) – NY Times, Sept.12, 2010, Thomas Friedman
(2) – Given unlimited resources and money.
__________________________
Correction: Lead article. Total U.S. consumer debt is $11.7 trillion, not $4 trillion. Thus only approx. 10%, not one-third, is delinquent. It is noteworthy that this total debt is down by almost $900 Billion from mid-2008 due almost entirely to bank write-downs.

Book Suggestions
Between Two Worlds, My Life and Captivity in Iran by Roxanna Saberi – As discussed in Reproof 09-1, Ms. Saberi was detained in Iran for reporting on civil rights. She chronicles that experience here, with the alarming realization that arrestees are prohibited a defense by the same rules of western judiciary!

The Seeds of Destruction; Why the Path to Economic Ruin Runs Through Washington and How to Re-Claim American Prosperity by former GWB White House economic advisor Glenn Hubbard – like tobacco lobbyist dying of lung cancer Mr. Hubbard conducts a repentant exposé.

Movie: Casino Jack and the U.S. of Money – also exposes how the malfeasance of business via politics really works!!

Copyright Reproof pamphlet, 2010 Issue 3/copy and distribute freely

Think Outside the Cage: Solitary Confinement study "deeply flawed"

2010-12-03T10:20:00.000-05:00

Think Outside the Cage: Solitary Confinement study "deeply flawed"

Think Outside the Cage: Privatized Prisons and Prison Labor IS Slavery

2010-11-30T10:09:00.000-05:00

Think Outside the Cage: Privatized Prisons and Prison Labor IS Slavery

Slow on the uptake

2010-11-29T09:13:00.001-05:00

Hi all,

This is Mary-Ellen speaking. I have been bogged down with statistics and other classes but will be entering the latest reproof soon. Jason knows another inmate who is a musician and has his latest CD's available for download at elitefitrea.com. He also has his own blog at elitefitrea.blogspot.com. The guy is an excellent writer and very interesting.

Reproof, 2010-2

2010-09-29T18:57:00.001-04:00

REPROOF / 2010/2

While everyone’s noses were to the grindstone the country was sold…as were the grindstone’s.

Rue Subcontracting of Civil Services
Civilian spies for the military are being exposed as universal failures that - yet again serve to the detriment of U.S. interest. The military has a civilian spy corporation called the Central Intelligence Agency that is aligned with U.S. military interests (although not necessarily aligned with the will of the people.

(1.) The military further has an internal intelligence which, contrary to the popular joke that Military Intelligence is a perfect example of an oxymoron, really is staffed by competent military members.

A need for civilian subcontractors to perform military duties arose concurrent to the all voluntary military. As more competent and specialized volunteers were relieved of ancillary duties (KP, guard watch, etc.) to focus on their specialties, civilian subcontractors were hired to perform non-military tasks at an increasing rate. Mission creep in the duties unqualified civilians perform for the military was only moderately constrained in peace time. Since the introduction of conflicts in Iraq and Afghanistan the military/subcontractor boundary has been subverted for corporate gain and civilian detriment.

What a bargain for the U.S. public! We can have a shadow military unbound by whatever minimal rules of international spying and military conflict that may exist and then try to sell the world on our democracy with a cadre of bumbling salesmen bought on credit…And this during a recession brought on the U.S. over borrowing to pay for wars with increasingly more private, and less civil, concern. We are presenting an argument against capitalist democracy by chasing our tail for corporate socialism!

This is yet another version of ex-government employees finding more ways to bill the government for civil services they are not properly qualified for, should not be assumed by private contract, and most often have negative civil consequences.

Trying to provide field intelligence (spying as a service) may be the most abusive assumption of civil function by the corporatocracy. (cf. private prisons) Real intelligence operatives are “nervous about the notion of private citizens running around a war zone, trying to collect intelligence that wasn’t properly vetted for operations that weren’t properly coordinated.”

(2.) The managers of the contract for these private rogues counter these concerns with claims that field operatives are employed only to provide “atmospheric collections” of the general political and cultural climate; to a secure military server in Kabul. Oh, they are just former CIA and military employees working as contract journalists.

It would only be logical for the military to hire subcontract spies directly. To hire thru civilian subcontract introduces exactly the layer of inefficiency and vulnerability enemies know how to exploit.

This civilian rogue intelligence operation purports to collect intelligence (atmospherics!) to pass to military intelligence, but mostly provides exposure (bumblers make great Taliban targets) and interference (real competent, coordinated and direct Government employed operatives are already in the field).

Worse than civil interest being subverted by private subcontract of civil functions is: interference with military operations. The consequence of playing field operative – in a complex environment of real operatives – has the largest dimensions of privatization hazard.

It seems these guys are all cost and minimal benefit. Cost being: risk, bad/unverified information, exposing legit ops, inciting yet more anti-western ire, etc. for the benefit of maybe providing well targeted suspicion to a region with suspect atmospherics.

This does not even address the likelihood that civil intelligence may be obliged to provide info to these non-civil operators, a contractual intelligence leak to corporate shysters who exhibit only the talent to extract money from a public treasury. What info and services could be bought at that outlet from the Taliban general fund?!

Private spying, like all the other subcontracted civil responsibilities, constitutes proof that we abdicate our citizenship rather that exercise it._____________________________

(1.) Political science topic of representative polity speculating upon needs of the public. Cf. pure democracy

(2.) N.Y. Times, May 30, 2010, “Despite Doubts U.S. Still Using Private Spy Ring.” Pg. 1, ¶32.

Military Lingo
Bugsplat – Pentagon term for pre-operation estimates of civilian deaths collateral to military attacks. Legal term for post-operation, bugsplat = manslaughter.

Global Finance, Universal Failures (continued from last issue)
Significance of Greek/European debt crisis:
…Global finance integrated, self-defeating and anti-social… Net long run results negative for citizens and environment… economic tyranny – appearance of great progress with enormous hidden cost… Only countries with fortitude to resist the false allure may avoid regression…

We, U.S. citizens, are most definitely not ones who resisted. Virtually every “free market” activity in the U.S. is subsidized (3); infrastructure is sold at an alarming rate, numerous civil functions have been relinquished to corporations – the exceeding reach of privatization. The financial sector short sells entire countries (Greece, Portugal, Spain…) and domestic market sectors (mortgages). Fundamentally every tool of financial subjugation formerly reserved for vulnerable countries (4) has now been turned on more developed nations, including ourselves.

Corporate/finance savvy is the slowly exploding weapon of human self-destruction. A global corporatocracy, as an optimal “free market” solution, has succeeded only in consuming civil latitude of fundamental liberties and self-determination. This has been borne out conclusively in all the victim countries, exploited for material, energy and labor wealth, and will prove true here.

Wealthy countries are increasingly exercising a shock absorber against this global financial turbulence called sovereign wealth funds. (SWF’s). Those who avoided victim hood to capitalize upon their sovereign resources – usually with state energy and mining corporations – have placed these public profits on the global market. SWF’s comprise up to one fifth of total global investments and act as low to medium risk investments in foreign countries to benefit the investing country (and its citizens if not too corrupt or authoritarian). The U.S. has had to indulge in this social stability/security investment crisis imperative by sovereign injection of capital to stabilize the economy, with investments in banks and auto makers, thus rendering the Federal Reserve an obvious SWF. (5) Despite all disparagement of the term “socialism” we see public corporations carrying water for their citizens (Mexico, Brazil, Saudi Arabia, Russia, China…) and injecting stable capital into the global markets. The U.S. has offered hotter private capital for more efficient exploitation of resources and demonstrated the penalty for recklessness – financial disasters (Enron, Bear Sterns, AIG, global recession…) and industrial disasters (Union Carbide, BP, Newmont Mining, Exxon…). (6)

Public supplication to the corporate construct and free market solution to all behavior has overrun social benefits. Our government has had to intervene to attempt restoration of social order, cohesiveness and security in a soup of financial chaos. This lesson of private free reign at public cost has likely been learned too late.

How financially exhausted are we? The U.S. may be the next Greece, with no bail out. By striving for extravagance, at the expense of the poor and vulnerable, the U.S. has exposed the extreme result of corporatocracy and only serves as an object lesson. The corporatocracy has eaten its host and the modes of survival are restricting as rapidly as each financial body blow. Similar to our government undertaking domestic SWF behavior and seeking regulation to reduce future liability to citizens we will make forced adaptations too. Are we, U.S. citizens, capable of drastic or continuous change?

(3) – See book review “Free Lunch”
(4) – See book review “The Secret History of the American Empire”
(5) – It has always been a latent SWF by subsidizing domestically incorporated companies that perform internationally.
(6) – Contrast of state vs. private corporations not advocacy for state socialism.
Suggested Reading
The Secret History of the American Empire; Economic Hit Man; Jackals and the Truth about Global Corruption - John Perkins (Follow up to Confessions of An Economic Hit Man explaining that financial subjugation has been the U.S.’s primary export since WWII)

Free Lunch; How the Wealthiest Americans Enrich Themselves at Government Expense (and Stick you with the Bill) / David Cay Johnston.
(Explains that all big business is government subsidized – retail, agriculture, pro sports, high tech… and how government serves business rather than regulating for social benefit. E.g. $100 B of public infrastructure sold to private concerns which profit from the forfeiture (with tax breaks) as well as charge for public use!

Eaarth – Bill McKibben. / A modern ecologic perspective of the abused earth, (stretched to Eaarth) as a result of economic addiction to growth and the interventions to break this self destructive behavior at its economic origin.

Muddling Towards Frugality / 1970’s treatise prescient of crisis for change to preserve positive institutions of social organization. Eaarth 35 years later verifies our consumptive self-destruction.

Copyright Reproof Pamphlet 2010
Copy and Distribute Freely

Downtime: A Square Peg Reports From His Prison Cell

2010-08-31T13:25:00.002-04:00

Jason and I have finished the book. Anyone wanting a copy can e-mail me at maryellen.pecci@gmail.com and I will send them an attached copy of the PDF file.
Mary-Ellen

This is a Fox News Report

2010-08-19T09:30:00.000-04:00

This is a Fox News Report
(This also happened recently in Oklahoma – where else is it happening- Colorado maybe?)
Related links
• Link: Review of SBI Forensic Laboratory
Analysts at North Carolina's crime lab omitted, overstated or falsely reported blood evidence in dozens of cases, including three that ended in executions and another where two men were convicted of killing Michael Jordan's father, according to a scathing independent review released Wednesday.

The government-ordered inquest by two former FBI officials found that agents of the State Bureau of Investigation repeatedly aided prosecutors in obtaining convictions over a 16-year period, mostly by misrepresenting blood evidence and keeping critical notes from defense attorneys. The Associated Press obtained the review of blood evidence in cases from 1987 to 2003 in advance of the report's release.

It calls for a thorough examination of 190 criminal cases, stating that, at times, "information that may have been material and even favorable to the defense of an accused defendant was withheld or misrepresented."

The report does not conclude that any innocent people were convicted, noting the evidence wasn't always used at trials and defendants may have admitted to crimes. But it states prosecutors and defense lawyers need to check whether tainted lab reports helped lead to confessions or pleas.

Attorney General Roy Cooper ordered the review in March after an SBI agent testified the crime lab once had a policy of excluding complete blood test results from reports offered to defense lawyers before trials. The existence of the policy was later confirmed by a former SBI director. Agent Duane Deaver's testimony led to the exoneration of a murder convict imprisoned nearly 17 years.

Cooper said Wednesday that he will send the cases cited in the report back to the counties where they were tried for review.

The review by Chris Swecker and Mike Wolf, two former assistant directors of the Federal Bureau of Investigation, found 230 cases in which eight SBI analysts filed reports that, at best, were incomplete. Of those, 190 resulted in criminal charges and should be reviewed.

The report says the lab may have violated federal and state laws mandating that evidence favorable to defendants be shared with their lawyers. It also bolsters a long-held skepticism by defense attorneys, who have alleged the ostensibly neutral lab is in the pocket of law enforcement.

Besides the executions, the report urged a closer look at the cases of four people on death row and one whose death sentence was commuted to life.

The cases also include the 1993 murder of James Jordan, father of the NBA star, who was sleeping in his car along a highway when he was killed. Two men were sentenced to life in prison. The review states an SBI analyst reported that an examination of the scene indicated the presence of blood, but didn't say that four subsequent tests were inconclusive.

The problems detailed in the report follow similar story lines: Lab results that contradict preliminary tests indicating blood at a scene were routinely kept from defense lawyers. Those secondary results were in analysts' handwritten notes, but not in evidence presented at court.

The report blames the flaws on "poorly crafted policy, inattention to reporting methods which permitted too much analyst subjectivity; and ineffective management and oversight."

The review recommends looking at cases that were overstated or falsely reported to determine whether mistakes were deliberate, negligent or the results of typographical errors or confusion over reporting policy.

The lab's operations have changed substantially since 2003, when it began using more modern blood testing. Prosecutors also now have online access to all lab files, and can make them available to defense attorneys.

Deaver is linked to the five cases the report characterizes as the most egregious violations, and it accuses him of overstating or falsely reporting blood test results, including one in the case against Desmond Keith Carter, who was executed in 2002. In two of the cases, including Carter's, Deaver's final report on blood analyses said his tests "revealed the presence of blood" when his notes indicated negative results from follow-up tests. His notes indicate that he got a negative result because he didn't have enough sample left for the confirmatory test.

Rockingham County District Attorney Philip Berger is currently reviewing files from Carter's case and other cases, as well.

"This was the first I'd heard that we had a case of someone who'd been executed where there was a question," said Berger.

Despite the evidence flaw in the Carter case, Berger doesn't believe it would have changed the outcome of the case.

Possible blood evidence on Carter's right shoe was different from the second test done.

Think Outside the Cage: Susan Greene: Jail Death Is Witness' Nightmare

2010-07-30T08:01:00.000-04:00

Think Outside the Cage: Susan Greene: Jail Death Is Witness' Nightmare

Jason's Memorandum of Law for his case

2010-07-29T19:10:00.002-04:00

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

Civil Action No.: 008-CV-01235-ZLW
JASON PECCI, Applicant,

v.

WARDEN BCCF, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

MEMORANDUM OF LAW IN SUPPORT OF HABEAS CORPUS

This document presents legal questions at issue in Federal Dist. of Colorado Habeas Corpus case no., 08-CV-01235-ZLW, as known to pro-se petitioner Jason Pecci. This outline needs development by an experienced defense attorney to cogently bring forth the Constitutional defects claimed.

TABLE OF CONTENTS
Legal Question
- application of post conviction review standards
Background
- Plea, Sentence
- State Post Conviction Actions
- Eighth Judicial District
- Colorado Court of Appeal
-Habeas Corpus / Unexhausted Issues, Request for Discovery, Affidavits of Truth
Standard of Review
De Novo Standard Where Facts Absent
Standards, Facts and Logic
- Logical Failures In Terms of Syllogism
- False Premise (Undefined Antecedent)
- False Assumption (Connection of Petitioner To Antecedent Condition)
First Failure (District Court)
- Plea
- Investigation
Second Failure (Appellate Court)
-Invalid Fact, Vacuous Application of Law
Conclusion

Preamble

A Memorandum Of Law In Support of a habeas corpus is required to bring forth the relevant questions necessary to answer the question of granting the writ. This Memo presents a hierarchy of unique precursor questions regarding defense counsel, post-conviction counsel and the former presiding judge.

If the counter-productive behavior of trial counsel, culminating in a “regret list” she discussed with the petitioner post-sentencing, is properly questioned…

e.g. Why was the range in a gun related offense never determined?
Why was the court misled regarding both circumstances and mens rea?

If the obstructed course post-conviction counsel had to travel to “pre-programmed failure” is properly questioned…

e.g. Knowing a record alone is generally insufficient to prove ineffective assistance
of counsel; why were trial counsel and her supervisor not deposed?

If the obstruction by the former judge regarding evidence, in light of his national infamy and censure regarding evidentiary obfuscation / sequestration / malfeasance, is properly questioned…

e.g. Why was an evidentiary hearing avoided in conflict with the intent of state
post-conviction rule 35 ( c )?

As the following Memorandum encourages this Court to do the question as to granting an evidentiary hearing, and subsequently the Writ, will be “yes.”

Please indulge these questions, as presented below, so that an initial fact based answer can be established.

Legal Question
The matter currently before the Court is; did the Colorado State Courts evaluate post-conviction claims in a manner that was contrary to, or involved an unreasonable application of, clearly established Federal law, 28 USC §2254(d)(1) or reach conclusions based upon an unreasonable determination of the facts in light of the evidence presented, 28 U.S.C. § 2254(d)(2).

Also, the inapplicability of 28 U.S.C. § 2254(d)(2) to deny an evidentiary hearing pursuant to Circuit precedent, in further question of the determination of facts.

The question will bring forth the Sixth, Fifth and Fourteenth Constitutional Amendment questions underpinning the attendant Application for Writ of habeas Corpus.

The analysis of the prevailing legal question of State Court post-conviction rulings, and seminal Constitutional failings is generally governed by Williams v. Taylor, 529 U.S. 362 (2000)

That clearly established Federal law is the Strickland and Cronic standards of ineffective assistance of counsel, Strickland v. Washington, 466 U.S. 668 (1984), and U.S. v. Cronic, 466 U.S. 648 (1984), respectively. Also, the attendant breaches of fifth and fourteenth amendment expectations of due process via acts of deficient counsel need to be addressed. The analysis of this legal question also is governed by Williams v. Taylor, (ibid.).

Anatomy of the Question
Arguments against Strickland and other controlling standards have reached incorrect conclusions by two avenues of illogic - either false assumption or no connection of Petitioner’s claim to the antecedent. Later deficiencies are grounded in the latter form of faulty syllogism; no connection of the claim to the antecedent.

Valid form: If antecedent condition then consequent result.
Petitioner met / fell below antecedent condition.
Therefore petitioner achieved / failed consequent result.

To avoid policy application to any specific claim the opposition places excessive emphasis on the antecedent condition the Petitioner must meet to support their claim then concludes, without analysis, the Petitioner failed to meet the condition(s). It is as if; rote recitation of standards obviates the need to analyze the elements of the claim as com-pared to the antecedent conditions - the middle of the syllogism – thereby ensuring the Petitioner fails. This is analogous to saying; charged with offense equals guilty of offense because the prosecutor can cite statutes and precedent and ignore discovery, legal analysis and trial; deeming this unnecessary – law effectively divorced from reality.

Earlier, seminal, deficiencies are grounded in the former form of faulty logic; false assumption. The valid form of syllogism may have been employed but the antecedent was invalid. This enabled fabrication of faux fact that was accepted as real fact by Colorado A.G. and Appellate Court, and this constitutes the most immediate standard of ineffective assistance per Cronic (U.S. v. Chronic, 466 U.S. 648 (1984) (see above / Legal Question).

Background
Under specious representation of public defender Kathryn Hay (Co. Bar #20817) Petitioner plead to murder in the second degree and was sentenced to 48 years. State public defender Martin Gerra (Co. Bar #9740) filed a cursory appeal questioning the judge's (now nationally infamous for corrupt practices re: evidence, see below fn’s 3,4) discretion in that a maximum sentence implied lack of consideration (fn1) of mitigating circumstances. Petitioner’s family retained counsel for post-conviction representation. Barrett Weisz (Co. Bar #27601) filed a C.R.Crim.P. 35(b) sentence reconsideration then a Rule 35(c) claim of ineffective assistance of counsel. The District Court denied access to evidence and denied an evidentiary hearing upon the potential discovery of that evidence.

Petitioner appealed pro-se and filed an opening brief. Post conviction counsel resumed representation and filed a superseding opening brief. The appeal was denied upon continuing ignorance of the circumstances (see above fn l). Petitioner filed a Petition for Rehearing explaining the percolation of all the false premises from the Dist. Court, as perpetuated by the lack of an evidentiary hearing. That court deigned response. Cert. to Co. S. Ct., based on the unanswered rehearing petition was denied. Pro-se Habeas Corpus was filed May 19, 2008. The State’s pre-answer identified unexhausted issues that Petitioner contends are excusable under "cause and prejudice" standard. Petitioner attempted an improvident interlocutory appeal (fn2) and withdrew upon information that denial of unexhausted issues is not a "final, appealable order". Petitioner filed a subsequent C.R.Crim.P. 35(c) petition in the Colo. Eighth Dist.

Petitioner presented all the unexhausted issues in their context of having arisen post-conviction, and being attributable to deficient performance of post-conviction counsel. The original judge, Terrance Gilmore, recused himself per petitioner’s request. The petitioner felt the judge’s evidentiary malfeasance as the lead prosecutor (fn3) of Tim Masters (fn4), carried forward into his oath as a judge. Judge D. Williams was appointed but he was unable to distinguish the unexhausted claims as temporally and personally distinct from the Petition that presented the exhausted issues. He summarily dismissed the Petition as duplicative. Petitioner filed a Request for Rehearing to make the distinction and was denied. This denial held the same indifference to the actual claim. The appeal procedurally defaulted due to a similar misunderstanding of "final, appealable order" above.

Petitioner then attempted deposition or interrogatory discovery and submission of Affidavits of Truth from his parents to inform the habeas claims, where a record on its face cannot. Discovery and the Affidavits were denied. The State requested summary dismissal based upon the willful ignorance of all the circumstances that have, through repetition, ascended from convenient self-delusion at the State district to a universal lie that a discerning jurist has yet to confront.

Standard of Review
There are no properly determined facts to defer to therefore a de novo review is required to determine fact. Only then can the facts be evaluated as relevant to Habeas Corpus law. (See petitioner's Request for Rehearing, Co. App. Ct. 05CA2168; above discussion of "false presumption" creating "faux fact".)

Standards, Facts, and Logic
Cronic, in context of sixth amendment ineffective assistance of counsel claims, addresses the failure of representation of such a magnitude that a prejudicial result of any legal process is presumed - per se prejudice. It acts as a bootstrap short circuit of prejudice analysis of an ineffective representation claim, where the first prong of Strickland is so blatant and obvious that only a prejudicial outcome could result. E.g.; counsel plants aggravated faux fact in lieu of investigation and discovery. In a Strickland analysis Cronic is controlling when the discovered failures of representation are so far below expectation of competence as to constitute abandonment.

Petitioner’s position is that counsel executed deceit, to cover up abandonment in all of the proceedings after preliminary hearing and that abandonment constitutes more than ineffective assistance of counsel - perhaps destructive assistance of counsel - meeting Cronic’s standard of obvious failure.

Presuming prejudice per Cronic, as discussed in Bell v. Cone, 535 U.S. 685, 717, it makes sense when counsel has entirely failed to function as an adversary for three reasons:
1) undermines Strickland's assumption that counsel "made all significant decisions in the exercise of reasonable professional judgment" 466 U.S. at 690
2) Strickland inquiry impotent when counsel abdicates role as advocate because the abdication results in defective record re: evaluation of prejudice defendant suffered.
3) adversarial failure renders "likelihood that the verdict is unreliable" to be "so high that a case-by-case inquiry is unnecessary," Mickens v. Taylor, 152 L. Ed.2d 291

First Failure
The first improper plea application of Strickland, or application of Strickland where Cronic was sufficient, occurred upon state district's impediment of post-conviction counsel's C.R.Crim.P 35(c) petition and the denial premised upon those induced handicaps. That Court committed the following errors to protect the faux facts, as destructively established by deceptive trial counsel. Their position was a three part syllogism:

A properly counseled plea is voluntary, knowing and intelligent. Defendant was properly counseled.
Defendant accepted plea voluntarily, knowingly and intelligently.

McMann v. Richardson, 397 U.S. 759, 769-70 (1970) states; in pertinent part regarding plea acceptance and discovery:

“The defendant and his counsel must make their best judgment as to the weight of the State's case. Counsel must predict how the facts, as he understands them, would be viewed by a court. If proved, would those facts convince a judge or jury of the defendant's guilt? On those facts would evidence seized without a warrant be admissible? Would the trier of fact on those facts find a confession voluntary and admissible?” “…a decision to plead guilty must necessarily rest upon counsel's answers.”

Obviously, without discovery of facts, or discussion with client, counsel can not and could not answer these requirements or validly evaluate and recommend a plea.

On the grounds of failure to investigate and an un-counseled plea, an evidentiary hearing could have proven ineffective assistance per Strickland or Cronic. Only through unreasonable application of Strickland, or specious evaluation of prejudice where Cronic applied, was the Eighth District able to rationalize that petitioner received assistance of counsel consistent with Constitutional expectations, 28 USC § 2554 ( d) ( 1) and (2).

The Court's position re: counsel's lack of investigation was denial and obstruction of countervailing evidence:

Adequately investigated defenses based on discovered evidence imply adequate representation.
Counsel adequately investigated potential defenses.
Defendant received competent representation (re: investigation)

The connection of petitioner to the antecedent - the middle of this syllogism - is entirely premised on a single incidental phrase noted on one page of counsel's notes, from an initial interview: "heat of passion." She followed this with verbal communication to petitioner's family that mitigating circumstances existed and she could explore viable defenses after discovery. (Affidavits of Truth from petitioner's parents on this matter have been rejected by this Court, see above Background) We still await this discovery and the conclusions it proves.

A proper application of Federal Law may state:

Only, 1.) three obiter dictum/scribum words, and 2.) a verbal expression of intent to execute discovery in pursuit of viable defen¬ses; falls short of adequate representation and constitutes ipso facto prejudice. (re: investigation)
Defendant received no more than 1.) and 2.) above in pursuit of viable defenses.
Defendant's representation was deficient and per se prejudicial. (Cronic) (re: investigation)

The failures of evaluating ineffective assistance of counsel regarding a plea disposition (Hill v. Lockhart, 474 U.S. 52) resulted in a decision contrary to that precedent, § 2254(d)(1), ascribed to factual failures, § 2254(d)(2), perpetrated by deceitful counsel.

To reach a conclusion consistent with Hill, as to the attorney’s obligation to enable client to make a fully informed and voluntary decision regarding the prosecution's plea offer (Hill at 62) a Court has to evaluate composite failures of representation executed to ram through the plea in opposition to legitimacy. The manifold failures of misrepresentation, not properly considered, are: Counsel,
1.) did not provide legal definition of "knowingly" (a critical element of the offense, Miller v. Champion, 161 F.3d 1249 at 1254-5),
2.) did not recommend plea consistent with McMann v. Richardson, (see above; this section) (plea was proxy recommended by uninformed head Public Defender),
3.) did not counsel defendant through plea contract (contract was proxy counseled by investigator who could not answer questions re: fifth amendment waiver),
4.) did make a pre-emptive false statement at plea colloquy that defendant was sufficiently counseled; resulting in defendant trying to comply with contradictory mandates of not discussing the facts of the case (counsel's advice to that point due to fifth amendment waiver insufficiency) and the court's expectation of disclosure for a properly counseled plea agreement.

These failures are substantively addressed in Petitioner's Pro-se Opening Brief and Petition for Rehearing to the Colorado Court of Appeals (CCofA). The majority of aspects of this amalgam of failures have been excluded from consideration as unexhausted by the state courts. Petitioner contends this exclusion is unwarranted. These deceits against the client and Court in the plea process established a beachhead for the cover-up of her abandonment of the defendant which occurred soon after the preliminary hearing; at which time she stopped investigation and discovery. The cumulative failure is addressed in both Petitioner’s pro-se Opening Brief and Petition for Rehearing to the CC of A.

Pro-se Opening Brief (Co. App. Ct. 05CA2168; superseded by return of representation by Attorney B. Weisz) directly confronted the lack of counseling of the plea, attendance to the plea contract by counsel and under¬standing of 5th amendment waiver by defendant. (This is at issue in the instant habeas where handicapping by trial court and occurrences of ineffective assistance by post-conviction counsel constitute issues temporally impossible to present to state appellate courts and permissible under "cause and prejudice" exemption.) This is further confronted in the pro-se Petition for Rehearing. No counter argument of how, if properly exposed at an evidentiary hearing, this would not constitute: inchoate and malformed plea, violation of due process, and ineffective assistance of counsel per Cronic (the a priori sabotage of plea contract and violation of due process being the per se prejudice). Thus:

1.) An un-counseled plea where, 2.) Constitutional questions still exist; cannot be voluntary, knowing or intelligent.

Evidence exists that defendant was un-counseled and had unanswered Constitutional questions.
If this evidence is proven accurate at an evidentiary hearing defendant's plea was not voluntary, knowing nor intelligent.

First Failure Summary
An analysis of compliance with application of clearly established Federal Law or an unreasonable determination of facts in light of the evidence presented, first hinges on the second component of fact determination. That determination must be “at least minimally consistent with the facts and circumstances of the case.” Hennon v. Cooper , 109 F.3d 330, 335 (7th Cir. 1997). Thus failure to investigate and an un-counseled plea are such facts not properly determined and that an evidentiary hearing could have properly exposed, to prove ineffective assistance per Strickland or Cronic. Only through fact avoidance (patently unreasonable determination of facts), then an unreasonable application of Strickland, or specious evaluation of prejudice where Cronic applied, was the Eighth District able to rationalize that Petitioner received assistance of counsel, conviction or sentence consistent with Constitutional expectations of representation or due process.

Second Failure
An appeal to the Colorado Court of Appeals (CCofA) attempted to bring forth the trial court's poor reliance on fact and misapplication of law in denying an evidentiary hearing. A hearing could have resolved all the false premises the CCofA cited to affirm the trial court's creation of said false premises. This is a direct analogous result of the paradox imposed by the trial court, to deny need for an evidentiary hearing. The trial court sequestered evidence by the below circular rationale:

Request for hearing to prove fact X
Provide proof fact X exists to warrant a hearing

The CCofA received and reiterated this paradigm by deferring to the trial court's assertion that some alternative to fact X existed, (that alternative being false assertion Y) - and imputing legal rigor to the trial court upon that false premise.
Petitioner had to prove X for a hearing
CCofA defers to unsupported alternative Y to deny proof of X

The standard for granting an evidentiary hearing, to break the deadlock attributed to the trial court above, is most simply:

If allegations set forth proper grounds for relief the court must grant a prompt hearing. Patterson v. Hampton, 355 F.2d 470 (10th Cir., 1966)

This is followed in regard to state post-conviction matters by Roberts v. People, 404 P.2d 848 (1965), (“must be given opportunity to support allegations with evidence presented at a hearing") and obversely by People v. Breaman, 924 P.2d 1139 (Co.App. 1996) ("hearing denied only if allegations are without merit and do not warrant post-conviction relief")

Obviously the allegations were meritorious and required factual development. (See Affidavit submitted by former head public defender in that trial district, Joseph A. Gaveldon (#7282), in support of the post-conviction claims.) Evasion of an evidentiary hearing to develop fact at the district level crippled the CCofA's ability to evaluate an appeal on the application of law warranting an evidentiary hearing regarding allegations in support of a Hill v. Lockhart or Cronic claim. Each specific misapprehension is tersely addressed in petitioner's pro-se Petition For Rehearing (fn5) to the CCofA as: Lies ## 1,2,3A,3B,4,5,6,7,8,9 and Contradictions ## 1,2 (denoted as false assertions "Y" in above circular logic depiction).

Once each false premise addressed as a lie or contradiction (fn6) is corrected; an evaluation on those corrected premises would trigger the rule to break the imposed paradox deadlock with an evidentiary hearing and validate the claims in the trial court. Thus a critical evaluation by the CCofA, in light of false premises, would have followed syllogistically as:

Deficiencies in evidence require an evidentiary hearing to properly conduct a Hill v. Lockhart/Strickland/Cronic analysis.

Deficiencies exist on the premises used to deny the appeal.

An evidentiary hearing is required to properly evaluate the claims in the District Court.

Need for an Evidentiary Hearing
The Circuit Court has held that where "a habeas petitioner has diligently sought to develop the factual basis underlying his habeas petition, but a state court has prevented him from doing so, §2254(e)(2) restrictions on the granting of a hearing does not apply." Miller v. Champion, 161 F.3d 1249, 1253 (10th Cir. 1998)(in harmony with 3rd, 4th,5th,7th and 9th Cir. decisions; citations omitted), deriving from Nguyen v. Reynolds, 131 F.3d 1340, 1359 (10th Cir. 1997)("presumption of correctness does not apply if the habeas petitioner did not receive a full, fair and adequate hearing in the state court proceeding on the matter sought to be raised in the habeas petition.")

A hearing could still be denied if the allegations are contravened by the existing factual record, Medina, 71 F.3d at 368-9. Because the state courts did not hold any evidentiary hearing this Court is in the same disabled position to evaluate the factual record, (Miller at 1254). Petitioner further asserts the need to originally develop a proper record because it is devoid of correct fact of: 1.) the circumstances of the offense and 2.) the relationship between plea counsel and client. This augments the argument for a de novo review to expose factual deficiencies of the record and grant an evidentiary hearing to rebut presumption of factual correctness, § 2254(e)(1). (see above, Standard of Review ("No properly determined facts to refer to."))

Substantive aspects of plea insufficiency not addressed by post-conviction counsel merit consideration because: they would have been, 1.) discovered had a proper evidentiary hearing been held and 2.) developed had post-conviction counsel not been procedurally handicapped and rendered ineffective. (fn7)

This introduces the causal question as to whether an evidentiary hearing would answer the "good cause" question (Habeas Rule 6, Bracey v. Grambley, 520 U.S. 899) re: discovery, or if "good cause" exists to conduct discovery to more fully inform an evidentiary hearing. Petitioner proffers that the latter scenario is the logically correct one. Discovery was avoided and procedurally subverted in the state courts to preserve the aggrandized faux facts generated by deceptive counsel and elaborated by district and appellate courts in post-conviction process. The record is not informative of this compounding failure sequence and requires discovery of correct fact. These failures in representation by counsel, her supervisor, and post-conviction counsel and the resulting ‘fact prejudice’ is best presented to the habeas court by discovery effected under habeas Rule 6, § 2254 Rule 6(a), to bring these cognizable matters into the record.

Rule 6 exists to aid the court "in developing fact necessary to decide whether to order an evidentiary hearing or to grant the writ following an evidentiary hearing." (Rule 6 Advisory Committee Notes)

Rule 6(a) requires the habeas judge find "good cause" to authorize any discovery via Federal Rules of Civil Procedure. Petitioner asserts good cause exists to: 1.) initially discover critical facts of the offense and interactions between counsel, client and court; and 2.) dis¬cover motivations of judge to sequester evidence, and counsel to avoid initial analysis of evidence.

Without discovery to effectively inform an evidentiary hearing this court faces the same disability as the CCofA in confronting facts absent due to ineffective and procedurally disabled post-conviction counsel, (See non-duplicative Petition For Post Conviction Relief Pursuant to C.R.Crim.P. 35(c)(Colo. 8th Dist. 2008)) and faux fact as fabricated by plea counsel. Reliance upon an inherently incomplete record, regarding matters of ineffectiveness, will produce the same erroneous results that this habeas court is situated to correct, Agan v. Dugger, 853 F.3d 1337, 1341 (11th Cir. 1987), reflecting Townsend v. Sain, 372 U.S. 293, (See Petitioner's Request For Discovery Pursuant To Habeas Rule 6, and Amended Request For Discovery; latter offering illustrative example of how disparately naked an undeveloped record may be:

... deficiencies [in representation] are not manifest on the record. If so an excerpt may read e.g. "I have no ballistic data on this gun related crime, nor have I obtained discovery from the People, but consistent with clairvoyance and expedience I offer the unsupported range of four feet for the tactical reason of procuring a maximally unfounded sentence for my client.”

Grounds for this statement derive from counsel's recommendation, after sentencing, that range testing may benefit an appeal (See Attachment A; Plea counsel’s “regret list,” as mentioned in Preamble above). There is no tactical reason effective counsel would avoid such preparation pre-trial, then falsely propound a scenario and range contrary to all evidence and testimony.

One could apply this template to question the integrity of the plea and find, e.g.

Head Public Defender: "I recommended the plea for second degree murder; without knowledge of the circumstances of the offense, as described by defendant to my subordinate; for the tactical reason of avoiding discovery, pre-trial motions, trial and other tedious due process."
Plea Counsel: "I did not tell the defendant the legal definition of 'knowingly', nor counsel him through the plea con¬tract, and I lied to the court that I had, I also intimated after the plea that defendant could then discuss facts of his offense (still without mention of what a fifth amendment waiver is) and I withheld that I had assumed a scenario inconsistent with defendant's evidence and consistent facts for the tactical reason of avoiding any adversarial testing of a delusion that best supports the prosecution."

The record only raises question of the possibility of these hypotheses and requires discovery to clarify how diametric to Constitutionally effective representation these strategic deceptions are. Massaro v. U.S., 123 S. Ct. 1690, 1694 (2003).

Footnotes:
1 Willful ignorance of all circumstances is petitioner’s position
2 Petitioner had proceeded on literal translation – “during discussion” – assuming intra-process rulings are appealable.
3 Investigation revealed behavior for which the Attny. Reg. Counsel censured Judge Gilmore; his second.
4 Co. Eighth District. 98CR1149. Prosecutor bragged in A&E television feature of achieving conviction with non-probative evidence. False conviction reversed upon testing of hidden exculpatory evidence.
5 Petition included as attachment in previous briefs to this Court and not duplicitively included here.
6 Characterization of faux fact as percolated from State District to Appellate Courts.
7 A paradigmatic example of why habeas rules of discovery and expansion of record have been established to augment a deficient record. (See citation, Massaro v. U.S., 123 S. Ct. 1690 (2003) below.) Here a deposition of Mr. Weisz is the best and most concise procedure to elucidate the obstructions he encountered.

Conclusion
An evidentiary hearing, per expectation of Townsend v. Sain, 372 US 293 (as premise for Habeas Rule 8), can reveal all the elements of the State Courts' fact avoidance that deprived any ensuing application of Federal Law of legitimacy, § 2254 (d)(1) & (2) and constitutes clear and convincing rebuttal evidence to relieve this Court of the burden of reliance upon incorrect presumption as fact § 2254 (e)(1). There has not been, by pre-trial investigation, post-conviction evidentiary hearing, nor any other means, any substantive evidence disclosed to allow proper evaluation of the post-conviction claim, and upon which any application of law is vacuous ( § 2254 (d)(1)&(2)). Exposure of the injurious representation that caused these Constitutional deficiencies answers the prevailing legal question before this Court; that the State Courts met the criteria, multiply, for approval of the Application for Writ of Habeas Corpus.

Respectfully Submitted,

Jason Pecci Dated:_______________________ #111132 BCCF / 8-P
11560 Rd. FF 75
Las Animas, CO 81054

Think Outside the Cage: Colo. groups fight against judges' retention - The Denver Post

2010-07-19T11:09:00.000-04:00

Think Outside the Cage: Colo. groups fight against judges' retention - The Denver Post

Think Outside the Cage: NPR: Difficult Births: Laboring and Delivering in Shackles

2010-07-19T11:08:00.000-04:00

Think Outside the Cage: NPR: Difficult Births: Laboring and Delivering in Shackles

Think Outside the Cage: Inmates say they witnessed man's death when jailers restrained, shocked him repeatedly - The Denver Post

2010-07-18T21:26:00.000-04:00

Think Outside the Cage: Inmates say they witnessed man's death when jailers restrained, shocked him repeatedly - The Denver Post

Open letter to Congress re Senate Bill S-714

2010-06-23T11:51:00.002-04:00

June 23, 2010

Dear Senator’s Collins and Snow,

Lack of independently monitored district court systems adversely affects Maine citizens, and citizens of all states. Granted in Maine we have a smaller population and less crime than states such as California, Georgia, Texas, Colorado,…, but our children leave their family support systems in Maine in order to find work in states such as these. Should the stresses of life befall our children it affects all of their family and extended family here in Maine. Herein lies the problem; keeping the thumb on slovenly court practices in Maine is less of an issue but in these larger populous states it is not.

Amy Bach, in her book, Ordinary Injustice; How America Holds Court, says it right; “pinning the problem on any one bad apple fails to indict the tree from which it fell.”

This is my son’s story and my story and all of his family in Maine’s story. This is the story of too many inmates and their families all over the country and it is abhorrent!

My son, Jason Pecci, joined the Air Force during the First Iraq War. Several years into his enlistment he married a woman from Colorado. They moved to England where he was home based. He received a flu shot and came down with Guillian Barre Syndrome. The Air Force wanted him out due to the disability. He fought to stay in where he would have and income. The Air Force would not allow him to continue with his job which was a technician working on computer systems on F111 fighter jets. They put him on the tarmac as a flagger. He soon began to petition for release due to this demotion and with the help of Senators Mitchell and Cohen was released from active duty about 3 years after he started petitioning. He then finished his degree in computer and electrical engineering at Colorado State University while working for A&E, an engineering firm in Fort Collins, CO.

During this ten year period, unbeknownst to me and his family, the woman he was married to was emotionally and physically abusive toward him. On the eve of their divorce my son shot his wife’s boyfriend. The man died almost instantly.

I spent many days at the Maine State Legislative Library studying the ins and outs of the law. He should have had a lawyer who would have pursued self-defense.

At the time I owned a small restaurant in Bath called MaryEllenz Caffe and one of my employees’ sister had just graduated from the University of Colorado Law School after receiving her undergrad from Bowdoin. At that time she was working for the Colorado Public Defenders Office (she quit that job shortly after). When I explained the details of the tragic event to her she said, “that was self defense.”

Jason’s public defender told his father (my x-husband Ken Pecci) that she could defend Jason as well as any criminal defense attorney. Ken truly regrets ever listening to her. For some reason she “dropped the ball.”

Jason was on suicide watch in the Larimer County detention center for 5 months. Several weeks after they took him off suicide watch the prosecutor offered him a plea. Jason’s public defender, Kathryn Hay, attended to the hearing only as an observer letting the head public defender Barb Zollar badger Jason, who was still determined to kill himself. They gave him seven hours to make up his mind. He accepted the plea and Larimer County District Court Judge, Terrance Gilmore sentenced Jason to 48 years and 5 years probation. The original prosecutor on the case was Jolene Blair.

Both Gilmore and Blair covered up evidence in a murder case, and this was not the first time Gilmore had been censored by the state. They pursued an innocent man for 10 years before finally getting a conviction. The man, Tim Masters was finally release after serving another 10 years of a life sentence. The case has cost the county and city of Fort Collins 10 million dollars.

This court system which grew up under the tutorage of D.A. Stu VanMeveren would be a good place for Jim Webb’s committee to place a team for information gathering.

Families are emotionally and financially imprisoned with their loved ones. I remortgaged my post & beam home twice (I built it with my own hands with help from Jason and other family and friends), to pay for appeals lawyers. When the economy went sour in 2008 my business went under and I lost everything material including the house. I took risks that under normal circumstances I never would have taken due to slack and slovenly court practices. For going on 10 years I have been fighting for Jason and am continuing to fight.

In my case I have returned to school and am a junior at UMA, Social Science major, Justice Studies minor with a 3.8 GPA. University of Maine Law School is my objective but at 64 years old, totally bankrupt, and a poor job outlook… and a $625 monthly social security check…

It is with great urgency I ask you both to support Jim Webb’s bill S.714 for Criminal Justice Reform.

Sincerely,
Mary-Ellen Pecci

Cc: Sentator’s Read, McConnell and Durbin

2010-06-11T12:44:00.000-04:00

Reproof 2010-1

2010-06-10T14:01:00.003-04:00

REPROOF / 2010-1

While everyone’s noses were to the grindstone the country was sold…as were the grindstone’s.

Tentative Steps to Policy Reform

How exciting is it to have pushed back on predator “health management” corporations and achieved a step toward health care reform? A refreshing turn of the dog wagging the tail instead of the reverse, (yes?); almost as exciting as actual reformation of the student loan corporate boondoggle the week following the enactment of the health care bill.

We the people, through our government, have been victims to; insurance scams that were hybrid public service / private business models structured to attach to the treasury like a lamprey, student loan lenders to produce a more educated populous and ensure a better future, and HMO’s as restructured non-profits to more efficiently ensure health care availability. Are you buying that? You did when it was secretly negotiated in the 70’s, when it was continuously tuned for maximum profit and client detriment.

Well dear client, these recent efforts to push back have been a very effective litmus tests to prove that we are a big, unhealthy, dissuaded and schizophrenic dog being wagged mercilessly by a highly unified corporate construct tail.

The two parasitic business constructs, masquerading as social services, received different results from recent government push backs that were determined by prior malfeasance; rather than any will of the people. The financial deregulation induce economy crash weakened the bargaining position of banks to rationalize their win-only, over-lend, student loan middle-man position. Thus lobbyists could not sell continuing backing of these sleezoids, who would produce fail-certain debtors and dump them onto the government for full reimbursement (like mortgage over-lending but with government guarantee!) (1)

Thus, only because the entire investment banking sector almost killed its host of highly bred blind consumers, student loan banks were forced to detach. One moderate tapeworm passed from the federal treasury gut and left room for the bigger competitor to dig in deeper.
Without a crisis as visible as the economic crash, HMO’s and health insurers wrote a thousand pages of trite crap extolling their expertise in collecting money, denying treatment and being indispensable to obstructing what should be a service rather than a business. The legislature than argued any political issue not relevant to doctors, hospitals, health nor healing, and passed the industry written bill. We have effectively agreed, in 1000 pages of verbosity, that the current industry can continue to apply their “expertise” until they, like the financial sector, kill their host and substantive (not cosmetic) change might happen.

How did we concur?! A non-profit of people unified to provide a civil necessity like good health will always be more effective and efficient than a profit group unified to maximize profit by not wasting your premiums on your health support. The non-profit out-competes them for our benefit over their profit?

What unified construct must we build and support to out-compete them for our benefit over their profit?

(1) Johnston, David Cay; Free Lunch:…Ch. 14. See book review below.

Afterword: Prison Analogy

The inevitable result of a degenerative process is logically analyzed by ‘reductio ad absurdum’ – reduction to an absurd extreme. If a bureaucratic process in question has an analog to prisons, that process will exist in its most dysfunctional state and serves as a ‘reductio ad absurdum’ example.

Medical service is just such an analog. Inmates are exclusively a liability whereby efficiency is developed in avoiding any medical expenses until an inmate leaves or dies. This is achieved primarily by avoiding diagnosis until discharge from prison or death.

The business sector has to compete for customers and cannot be as treacherous as prison medical administrators; the analogy still holds that customers are liabilities to be minimized. The business sector will likely continue to avoid medical expenses for different reasons and by different means than a prison but the reductio ad absurdum still holds that medical services as a pure liability to an intermediary; HMO/insurance corporation or prison comptroller; cannot justly be called services (see reference above to business masquerading as social services). U.S. civilian health care may not reach the prison extreme of denial but it sure appears that consumption (or attempts to access) of health services is as equally frowned upon by supposed health care providers as prison administrators.

Global Economics, Universal Failures

Humans are collectively degenerate. In large groups we become self-destructive with congenital fits of delusion, competitiveness and egoism. Every failed culture; past, present and future; starts with a veil of cooperativeness that holds until the dry rot of deceptive and internecine behavior consumes the culture and begins to eat the veil. The veil of free market cooperation – an economic charade – is definitely threadbare in the U.S. due to multi-generational consumer rapacity, but; does anyone know how rotten the whole culture, behind the “keep buying and trading” jingoism veil, has become?

There is exposure of the economic charade and most likely the beginning of an end game phase (1) of declining capital, desperation and a drastic restructuring (if not collapse) of the perpetrator/victim economics.

Greece has caught the worst of U.S. bad debt fever. The European Union (mostly Germany) and IMF (International Monetary Fund) are throwing out $148,000,000,000 palliative similar to the U.S. stimulus and T.A.R.P. relief disbursements. Goldman Sachs is the acknowledged leader in bad debt trading and the biggest player in this interlinked global fiasco. That corporation’s shot-caller, Lloyd Blankfein, has testified to the U.S. Congress that the $2,400,000,000 profit of 2009 (and $1,000,000,000 first quarter this year) for infecting the developed world’s economy is the natural consequence of Goldman Sachs performing “God’s work.” GODman Sachs?!

Reality, in contrast to their theological cop-out, is that the current state of world economics is integrated, self-defeating, and anti-social so far beyond normal psychology that only a zoologist could perform a behavioral analysis. Somehow the greater primate, economis tyrannus, has taken the world from the industrial revolution to a state of pollution, inequity, hostility and social failure that should only occur in anaerobic mold. (Thus, animal behavioral analysis was too generous and botany may be the specialty most capable of explaining such illogical self-destruction).

The culmination of manipulation, redistribution and corporate subjugation of developing economies has given the gifts of: over-fishing, oil spills, dictatorships, malnutrition, poisoned water and air, financial crises, stressed food chains, lost biological diversity, reduced disease resistance and life spans, declining education in supposedly “developed” countries… We have become so toxic to ourselves that every prognostication of human self-defeat is in the early stages of being proved correct.

We have let economis tyrannus dictate bad policy and over-clever us for so many generations that failure in now imminent. Recovery, in any form suggested by “muddling toward frugality” (2) is likely lost. Although the suggestion of returning to a form of agrarian tribalism is impractical for our decadent culture, the underlying economic implications are imperative. In fact, the long-term world survivors will be the tribal size sub-cultures of societies that did not participate in and/or resisted the false allure of the know-it-all cutting edge of the self–extinction world of econimus tyrannus – who is till trying to steamroll the developing world with false promises of “economic development,” and the developed world with full privatization (civil abdication to the corporate construct).
(Conclusion in next issue.)

(1) See Reproof 09-5 “21st Century Democracy Regression” asking: “What will be the post-mortem cause of the demise of the U.S. republic?”
(2) “Muddling Toward Frugality” published mid-1970’s, described the social and cultural reversals required for long-term U.S. stability.

Book demi-review: “Free Lunch: How the Wealthiest Americans Enrich Themselves at Government Expense (and Stick You With The Bill)” by David Cay Johnston - Inspiration for accompanying cartoon. Explains how all large commerce in U.S. is subsidized and “free market” does not exist. …full reviews next issue…

Think Outside the Cage: Fort Collins settles with Tim Masters for $5.9 million - The Denver Post

2010-06-09T07:31:00.000-04:00

Think Outside the Cage: Fort Collins settles with Tim Masters for $5.9 million - The Denver Post

Jason's Memorandum of Law for his case

2010-05-28T12:28:00.003-04:00

Think Outside the Cage: Chambers Turns Blind Eye To DNA Evidence

2010-02-22T09:23:00.000-05:00

Think Outside the Cage: Chambers Turns Blind Eye To DNA Evidence

Think Outside the Cage: Larimer County settlement would give Tim Masters about $4 million - The Denver Post

2010-02-14T21:35:00.000-05:00

Think Outside the Cage: Larimer County settlement would give Tim Masters about $4 million - The Denver Post

2010-02-13T10:50:00.004-05:00

Click on the Master's Suit article. The two DA's mentioned are now judges. Gilmore was the judge on Jason's case and Blair was the prosecutor. She became a judge later. This is how they represent "the people," underhanded, fraudulent...

Think Outside the Cage: Proposed settlement in Masters suit reached - The Denver Post

2010-02-13T10:50:00.000-05:00

Think Outside the Cage: Proposed settlement in Masters suit reached - The Denver Post

Posted on 01/31/2010

2010-01-30T10:54:00.002-05:00

REPROOF 2009 – 5 / Copyright Jason Pecci

Copy and distribute freely or respond to:
Jason Pecci
#111132
BCCF / 8-P
11560 Rd. FF75
Las Animas, CO 81054

21st Century Democracy Regression

We sit about one quarter century into the acceleration phase of trading our civic virtue for convenience and beating all the positive potential out of capitalist democracy. Most foreign perspective of the U.S. during this time appreciates the perverse result of this self-indulgent path and tries to address and resist the U.S. projection of those impending failures. Somehow we chronically ignore the unfolding lessons of avoiding democratic civil responsibility as robustly as responsible democracies defend against it. While many still perceive democracy as a sustainable government construct we have set more of a non-example over the past twenty five years and give cause, by bad behavior unchecked by we the people, for authoritarian regimes to persist. The cause for this conclusion is that the authoritarian regimes (e.g. obscenely decadent mid-east emirates) want to retain all the civil and financial control that the U. S. democracy has abdicated to the corporate construct.

Personal liberty, health, justice, incarceration, ecology preservation, scientific and cultural development, are all a cautionary example of how a negative result can arise from a system that, while not optimized for the best for all, was purported to self-correct against failure by deference to the people.

We let ourselves be upstaged and have failed. The current organizational chart for the U.S. Government shows corporations holding the top, policy setting position; with government acting as the financial and coercion intermediary between corporations and the people. By popular culture reference the mega-corporation portrayed in the 1986 movie "Robocop" illustrates the marquee concept we have allowed to enslave and diminish us. The government supplication to corporate structures was an adjunct to colonialism, which lived on through international banks - the engines for corporate enterprise and subjugation. Entire vulnerable governments became enslaved to large foreign capital flows under the misnomer "economic development" and set the paradigm for civil supplication to corporate structures (See "Confessions of An Economic Hit Man" by John Perkins). Robocop presented this weapon for domestic use as: paternal corporation that can provide better for the people than their government…given full faith and authority by the people. In that regard the movie acted only as conditioning propaganda because the people's consent was easily taken by lobbyist ownership of legislatures and exclusive influence over executive and judicial branches.

Now, to the near exclusion of liberty, we exercise laws for the near exclusive benefit of: energy, security, health care, incarceration, agriculture/food, financial, and military companies. The acceleration of this degenerate phenomenon arises from the descending position this self- aipplicating (chaotic) behavior perpetuates. A positive feedback system whereby interested corporations (see fn 1) set policy to best indulge their rapacity (See Reproof 2009-1 "Who Writes Our Laws"), then that "disturbance" away from equilibrium-disequilibrium, grows by public participation. The trend away from civil responsibility then grows unbounded. A reversal of our offending participation will suffice to stop the decay toward full corporacratic submission, for
each burglarizing industry, but still settles at an equilibrium favorable to the burglar. To get back to civil balance the burglar has to be kicked out of the house. Correction favorable to the people only comes from eradicating the privatization, not settling for a tolerable level. The tolerable level of privatization for critical civil responsibilities is zero. The accelerating deference to privatizer parasites is an effect of "disaster capitalism" (See book mention below: "The Shock Doctrine"), whereby any change in public psyche acts as a ratchet notch for more privatization/intervention/civil burglary. Yet, when conditions and psyche suggest reversal of the ratchet the parasites claim status quo through their ownership of our government.

Today's super-jumbo example is the private incarceration industry. Governor of notorious prison state California A. Schwarzenegger is expressing budget desperation with a threat to
cut in corporate incarcerators on the $9,000,000,000/year state DOC budget. After 25 years of implementing laws to create their market - 3 strikes, mandatory minimums, etc. - the corporate incarcerators are about to enter the promise land, with no question as to: why they exist, their negative result compared to civil incarcerators (executive branches of your government), invalidity, and negative social consequences of laws that create their existence, nor any inquiry into seminal causes of the manufactured "prison problem.”

Proper inquiry with social welfare, instead of industry welfare, in mind would indicate:
no negative consequences to deporting early all deportable inmates with less than say five years remaining; no negative consequence to readjusting sentences down 10% or offering more earned time (denied for bad behavior); that the raison d' etre for, and most arrestable behavior is, drug profit, (possession and killing for inflated profit potential), and their existence is eliminated by de-scheduling all recreational drugs.

Boom! Prison population down from 180,000 to less gratuitous and civilly manageable 100, 000 by addressing social concerns over corporate carte blanch, for just one of our many bankrupt states.

In economic terms our offense has been to invest our individual self-interests into government officials as an average/composite self-interest that was subsequently bundled and sold to corp-orations, by machinations/interference of lobbyists, with predictable disastrous results. Thus the U.S. republic does not enjoy the optimal capitalist supported democracy for the populous, that the corporations have so successfully marketed, but a democratically supported corporatocracy optimized for corporate profits. It is likely that a future post-mortem will show the U. S. to have been a democracy subverted by capitalist hubris. How soon will that finding be conclusive?

See heading “Uninterest v. Disinterest” regarding this and the missing footnote from last issue on that topic.

Other Recent Examples:
• Supreme Court ruling for condemnation of private property in Stamford Ct. for an investment bank (Citicorp?) to take ownership and develop; which Citicorp declined after the city ousted the civilian owners, thereby implying that condemnation (as embodied in U.S. Constitution) can be used for corporate by-proxy revanchism (political term meaning vengeful taking/reclamation) in behalf of a corporation.

• Colorado's 2nd super-max built with "certificate of participation" financing in which interested corporated investors pay for construction and receive bond type payments from the state and get full ownership upon any default. NYC mayor Bloomberg engineered similar investor financing of new Yankee stadium.

• All negative social consequence for corporate welfare. One must ask: Qui bonum? (Who benefits?), and unmask our victimizer's!

Uninterest v. Disinterest (missing footnote from Reproof 09/4)
Interest has two shades of meaning: 1) State of wanting to gain knowledge of something; 2) A stake, share or involvement in an undertaking. These meanings are distinguished in the negative by the two terms: uninterested-not having a desire to gain knowledge of something; and disin-terested-not having a stake, share or involvement in an undertaking.

Too many citizens are uninterested in their government. No citizen in disinterested in their government.

Subversive Activities: Special Services Branch (SSB)
The Nation magazine has reported on Dick Chaney and Donald Rumsfeld's political career actualization with the secret establishment and operation of the SSB. Their first joint operation, as the “Jagger and Richards” of occult government, was to bury the people's tiger team report on Viet-Nam (post-op inspector general's cause and assessment report) in the Ford white house. In their first year running the Bush regime they funneled huge amounts of DOD money to Blackwater and Halliburton to operate as a wrecking crew under their exclusive control and no constraints of responsibility to the U.S. public. To effect CIA capabilities un-retractable CIA intel was forwarded to this rogue civilian operation - critical intelligence pissed into a pool of unvetted unknowns not responsible for its containment.

(See Reproof 09/4 "Continuing Inferior Subcont¬racting for Civil Services")
Imagine the extension of this mercenary paradigm to law enforcement, a la RoboCop (See lead article); cops, SWAT, investigators, negotiators, prison guards; all with no civil oath, duty or obligation. Recall that King Fahaad was prohibited by then Secretary of Defense Cheney, under President G. Bush I, from paying desert storm military participants $10,000/each, to avoid condoning mercenary behavior. Yet in 2002 VP Cheney and Secretary of Defense
Rumsfeld, under President G. Bush 11, instituted exactly that; an international mercenary corps. It is antithetical to civil order and discipline to create a corporate subversion, whether for international I spy operations, domestic law enforcement or corrections/prisons.

BOOKS:
Nemesis: The Last Days Of The American Republic by Chalmers Johnson,
a re-mention from 09-1 issue, because Bill Moyer noted this as the most relevant book of 2009.
See Also prequel, Blowback

The Shock Doctrine by Naomi Klein - full analysis of the corporate subjugation
“ratchet” discussed in the lead article.

Copyright REPROOF Pamphlet 2010 / Copy and distribute freely. / Issue 2009-5

Think Outside the Cage: Carol Chambers Loses Latest Round

2010-01-29T09:52:00.000-05:00

Think Outside the Cage: Carol Chambers Loses Latest Round

2010-01-10T20:10:00.000-05:00

Christmas and Advanced Defensiveness in Prison

December 25, 2009

Christmas is most delineated in prison by the lack of activity and inmate movement outside the housing units. The inmates are not necessarily dispirited nor dour nor angry, but mostly polite and animated in the few card games and joint microwave cooking activities that do occur.

I try to maintain my moderate temperament and enjoy the slight decrease in offensive behavior so endemic in angry males under forced confinement. Breakfast was as cordial as it was under-attended. I read a magazine after breakfast and answered the virtuous silence of the majority of the cell house ‘sleeping in’ with my own return to slumber. Lunch was fully attended, augmented in the closest industrial fashion to approximate “Christmas dinner,” with actual dinner being a “sack lunch.”

The day promised to be mostly free of all the offenses I generally experience as a life long hyper-defensive doormat. On one post-prandial trip to the microwave I set my cup on top of the appliance and planted myself in shoulder width stance two paces away, to await my turn in reverie of the assault I would like to perpetrate upon all who always feel compelled to cut in front of me; and the holiday potential to not have to confront that all too typical insult. I was able to make two trips without incident and even engage in polite persiflage with other inmate chefs and coffee connoisseurs. Hallelujah!

En route back to the cell I enjoyed the development of the first potential offense, because there would usually have been a half dozen posturing/body language offenses by this time of day. The most socially challenged conflict seeker – a sullen black weight lifter whose social capabilities extend to sweating and staring, whom I call “kill whitey” was headed back in my direct route from ersatz kitchen to cell. I easily foresaw his stand up back-to-me pivot with feigned urgency to cut across the path coincident with my progress. He added an “excuse me” over his shoulder to successfully infect my observation with doubt as to his intent. I had timed my pace so as to not appear impeded. (one would think that the friction of prison life would not be so petty but it is these petty games that form the rationalization for the serious violence – pecking order posturing and perceived slights are the germ that breeds fights and killings.)

Four cells from mine – almost to serenity from insult – I spied a spray of Pinochle cards well thrown from a nearby table at the cell door. Since I had weeks ago lent a deck of such card to an occupant of a neighboring cell, who was playing with the occupant of target cell at the table most likely the origin of previously airborne cards; I had to consider that that the abuse deck was mine.

I waited until the card players finished playing and while counting points my lendee assured me that the strewn cards were simultaneously borrowed from me and therefore his to throw, because he had voiced intention to replace them with another, soon to be purchased, deck. I muttered that it was “pretty fucking insulting” to walk by my property thrown about, then I split. In this forty-three years of sentience that may have been the only time I confronted any situation with appropriate immediacy and valence. This was my Christmas gift to myself; a quantum of developmental adaptation!

The card lendee approached me en route to picking up our sack lunch dinners to apologize and clarify that no offense was intended in abusing my property. I accepted that final communication between us as his gift to me.

Happy Holidays!

Copyright Jason Pecci 2009

2009-11-01T15:49:00.005-05:00

R E P R O O F
While everyone’s noses were to the grindstone the country was sold…as were the grindstones.

Issue 2009-4 © Jason Pecci

Continuing Inferior Subcontracting For Civil Services

Private prison corporation Wackenhut has had undeserved profitability in the U.S. Market as an Alternative budget incarcerator to state prisons. The wide flow of Government money for holding inmates decoupled from civil obligation of a penitentiary induced such a Halliburton Blackwater style of greed for public treasure that they spun off, embassy mall-cop subsidiary, Armor Group. Embassy protection is normally the purview of the U.S. Marine Corps (USMC). Because these shlubs have been able to copy Corrections Corp. Of America (CCA) in tapping public treasuries with private prisons and incurred no higher proportion of law suits for inferior performance, they presume to be plug-in replacements for the USMC.

Fresh recruits were taught to turn their baseball caps forward, hold a rifle and stand around unfortified embassies in central Asia with predictable results. Their hats returned to backwards and guns, clothes and memories were lost in extended booze blackouts.

Formal complaint was made to the U.S. State Dept. that the subcontractor had understaffed and was not meeting contractual obligation. Investigation revealed this to be true. Yet the majority of dangerous overwork and sleep deprivation resulted from mandatory hazing style parties in which demonstrating an alcohol poisoning death wish and aversion to clothes was required to remain employed – booze orgies as mandatory embassy guard duty.

Yet more evidence that subcontracting critical civil duties – like operating penitentiaries and guarding embassies – only serves to further demonstrate western cultural and political dereliction.

How about the attention health care gets lately? This is likely because citizens have a physical stake. Imagine acting this passionately on your stake in recusal of civil responsibility. The above described recusal to debauched corporate culture is endemic (see bank behavior in recent economics) and needs an assertive citizenry to resume responsibility.

Reproof’s Response to “New Approach to Crime/Punishment;”
This is a position piece by Dept. of Corrections and Dept. of Public Safety Directors Ari Zavaras and Peter Weir respectively, that addressed budget induce changes to prison and parole inmate population. (Denver Post, 8/30/2009)

The measures Mr. Zavaras and Mr. Weir propound to adjust the prison and parole populations are appropriate and well modulated. They are effectively initial compensation for the 1993 Mandatory Parole Act which artificially inflated the prison population, m likely to foster a private incarceration industry in Colorado. The Act created a recycle loop whereby inmates would complete their sentence in prison for any technical violation.

Confounding what constitutes completion of a sentence has a positive effect only on private prison stock values and no positive civil effect.
Hopefully Directors Zavaras and Weir can continue to readjust the executions of criminal sentences to civil, versus corporate, needs. – Reproof
(see “Who Writes Our Laws” Reproof 2009-1)

…Corporate Spokesmen Disagree
Despite Mr. Zavaras and Weir’s practical intentions to expedite transitions, from prison to parole ad parole to liberty, for maximal public benefit, county commissions in private prison districts are aggrieved. A Sept. 17th Pueblo Chieftain article cites concerns about Gov. Ritter’s “Accelerated Transition Pilot Program,” in which 2720 of 3400 parole eligible inmates will not be retained in physical incarceration.(1.) Bent County Commissioner,(2.) Bill Long voices concerns over income, employment and revenue loss from CCA corporate facilities in Bent, Huerfano and Crowley Counties (Kit Carson County has a CCA facility too but was not mentioned). How transitioning parole eligible inmates onto parole could be “an absolute disaster for Bent and Crowley County [sic]” was of course not supported and likely sour grapes at not being able to act as DOC executive director anymore.

Mr. Long did clarify how these CCA concerns could translate to the Huerfano County facility, which houses only Arizona inmates. (3.) He believes that “when Arizona gets its inmate situation straightened out they will return to that state.” He falsely presumes that there is not 40+ other states willing to send inmates, as Arizona had. If he had proper public concerns he would extol Colorado’s effort to get “its inmate situation straightened out,” after 15+ years of manipulation by the private prison industry. (Reproof 2009-1 ibid.)

1. Parole constitutes incarceration. One may not vote, and skipping out constitutes felony level escape. Should not overcoming physical restraint constitute felony escape?
2. The count commissioner is known for arrogating former Exec. Dir. Joe Ortiz’s authority by illegally sending 480 Colorado inmates to a CCA facility in Oklahoma. (see”…And So On An So On’ Reproof 2009-3)
3. Since the 2004 riot at the Crowley facility Colorado does not allow mixed state inmate populations to be incarcerated at any one facility.

Self Un-imposed Regulation
A democratic free market will, if not abused, find an effective solution for civil projects, problems and needs, with minimal central planning and oversight. It is the most organic, self-directing civil system Reproof knows of to achieve results for almost any scale of polity. By the nature of its minimal central planning and oversight it is also a tenuously balanced scheme, very sensitive to input.

Our western culture allows inputs to government systems to come from the most cohesive (and wealthy and politically connected) “voice” that wants to implement their operating hierarchy on the people’s business. A fragmented and complacent citizenry poses no resistance to direct and cohesive business inputs to what should be uninfluenced government operations, with output exclusively for the citizenry.

This establishes a tail wagging the dog scenario whereby a highly interested incorporated small group prevails over tragically uninterested (but not disinterested), citizenry. Concentrated attack at the control point of any system yields control of the system, and what corporate interest does not want control of its industry.

The current pre-eminent example is the investment banking system (Wall St.) operating with no feedback control to ensure public interest is preserved. That is – by controlling their industries with input to regulation mechanisms (SEC et.al.) deferent to corporate profit and detrimental to public interest in a continuing free market system, they self-serve and profit from civil suffering. (Compare/contrast your finances to Wall St. bonuses.)

An even more self-serving and subversive occurrence is the prison industrial complex. Private incarceration architects conceived and convened their own oversight in a pseudo-government agency called “American Correctional Association,” which preemptively validated private incarceration in perpetuity. To analogize to the financial system, this would be equivalent to the National Association of Hedge Fund Managers establishing and operating the S.E.C.

Great paradigm - Reproof proposes a U.S. Prisoners Union to establish the Sentencing Time Computation Integrity Agency and determine all sentences terminated, - Two million strong – Possible with some unity and good lobbying?
Yet again, the solution is for the citizenry to defragment and take the political handles away from the corporations – restore the polity to its intended functionality. You will have the luxury of fragmentation and disparate opinion upon regulatory policy only after you take the agencies back.

[How about introducing a bill that prohibits incarceration as a commercial enterprise, or at least limits non-civil custody of inmates to properly incorporated non-profit organizations?]

Living and Dying for Journalism
Congratulations to NYT reporter Stephan Farell, Kidnapped and rescued near Kuduz Afganistan. Sincerest condolences to his partners family; Sultan Mundi was killed during the rescue.
Correction to last issue: Journalist David Rohde escaped from three months of Taliban custody, not David Rhode.

Books
In the Graveyard of Empires: America’s War in Afghanistan. / Seth G. Jones
The Economic Naturalist’s Field Guide: Common Sense Principles for Troubled Times. / Robert H. Frank

Aphorisms
Obscenity is whatever gives a judge an erection. - Anonymous
Society is always diseased, and the best is more so. - Henry David Thoreau
Convictions are more dangerous enemies of truth than lies. – Nietzsche

Copyright Reproof Pamphlet / 2009 Issue 4 / Copy and Distribute Freely
Reproof is: Jason Pecci, # 111132 BCCF / 8-P 11560 Rd. FF 75 Las Animas, CO 81054

Think Outside the Cage: Judge Permits Lawsuit Against DA's To Proceed

2009-10-06T17:33:00.000-04:00

Think Outside the Cage: Judge Permits Lawsuit Against DA's To Proceed

2009-08-13T11:21:00.001-04:00

REPROOF 2009 – 3 © Jason Pecci
While everyone’s noses were to the grindstone the country was sold…as were the grindstone’s

Information to Prevent Prosecution

Federal prosecutors have dropped a case against lobbyists for the American Israel Public Affairs Committee, Steven Rosen and Keith Weismann, for disclosing U.S. defense secrets. The prophylaxis from prosecution: a witness list of Bush / Cheney State Dept. actors – Condi Rice, Stephen Hadley, Paul Wolfowitz, Richard Armitage and others – as the source of the disclosed information.

Regular prosecution would entail indicting the secondary offenders and using them as corroborating witnesses to eat up the food chain to the shot callers of the criminal enterprise. (Normally very predatory).

So what happened to the investigation of former director of prisons Nolin Renfrow for taking a $1,000,000 “consulting fee” to approve a prison in Ault Colorado for GEO Corp., with an unprecedented (as far as Reproof” knows and the public should find out) guarantee of occupancy payments for 30 years! Who is on his witness list: Bill Owens, Joe Ortiz (v.i), Ken Salazar…?, and how did they facilitate his crimes?

Compare this with Illinois ex-director of corrections Donald Snyder who has been sentenced to two years fed. time for receiving just $50,000 in bribes. And this is in the notoriously corrupt Rod Blagoevich state…

How comparatively corrupt must Colorado’s Dept. Of Corrections (DOC) be?

And so on and so on and so on…..

Former Exec. Dir. Of Corrections, Joe Ortiz, did not have a valid contract in place to send 480 inmates out of state in Dec/Jan, 06/07. He had the statutory authority to do so but chose to let Bent County commissioner, Frank Wallace, illegally presume that authority and contract with Corrections Corp. of America (CCA) to send 720 (see 5) inmates (capacity of proposed new construction at CCA’s Bent Co facility) to a mothballed and dysfunctional CCA facility in Sayre OK.

Mr. Ortiz preened and strutted at Pueblo airport, in mob chic overcoat and douche bag de rigueur earpiece phone, for each of the four 120-inmate rendition flights; executing Mr. Wallace’s human bondage pre-payment for the new Bent Co. cell houses, pursuant to his un-executable contract. (Who works for whom?!)

Four hundred inmates filed petitions of habeas corpus, in Beckham Co. OK, claiming Ortiz’s dereliction constituted forfeiture of custody. The new DOC administration, under Mr. Zavaras, brought the inmates back before the end of fiscal ’08 (June 30, 2008) obviating the custody claim in Oklahoma and possibly committing 80 counts of inter-state kidnapping.

Current filings on this matter are: a civil claim in Beckham Co. OK, a few dozen habeas corpus petitions in Colo. 2nd Dist. (e.g. case # 09CV5337) and a 100 page exhibit in gov’t corruption case #06MC61-WYD, U.S. Dist. Colo. (filed Aug. 24, 2007).

Where Is Bernard Kerik Now?

The George Patton of the NY Police and failed homeland security appointee now pedals super max prison plans and operations to formerly emerging economies around the world. He targets marginally developed countries, with the least rapidly sinking economies, to develop prison infrastructure emulating current U.S. dystopia, Business is unfortunately brisk for Kerik’s concrete entombment (see 6) campaign in these countries rich in unemployment and the natural resources China accepts as collateral for “economic development” investment. In lieu of roads, power plants and hospitals a grand prison network may give China yet more toehold in all the emerging economies.

The U. S. over the past 35 years (since the influence of D.D.I. and Rehnquist perhaps) has proven that building a prison will beget inmates to fill it. Through reverse causality marketing – build it and you shall need it – Kerik has found the most unfortunate institutional result of criminal justice is the newest unnecessary “economic development” like ecologically disastrous dams of last century.

At least the water that flows through the dams that weak sovereignties did not need and may never pay off is domestic water. How soon will Kerik’s Chinese owned foreign prisons hold U. S. subcontracted inmates?
(5) Ortiz was unable to transport all 720 before displacement by new director Ari Zavaras
(6) Sensation of being buried alive is the well achieved result of super max architecture.

Books:
The Economic Naturalist’s Field Guide: Common Sense Principles for Trouble Times. By Robert Frank

Collapse: How Societies Choose to Fail or Succeed, by J.Diamond
Plan B 3.0: Mobilizing To Save Civilization, earthpolicy.org

What constitutes a criminal complaint? Do you know how to file one without police obstruction?

The corporate equivalent for a civil service will always ultimately fail in the service expected.

REPROOF IS:
Jason Pecci
#111132
BCCF / 8-P
11560 Rd. FF 75
Las Animas, CO Copy and Distribute Freely © Jason Pecci

2009-08-13T11:17:00.000-04:00

REPROOF Issue 2009 – 2 © Jason Pecci
While everyone’s noses were to the grindstone the country was sold…as were the grindstones

Self Serving Prison Industry

With the new found freedom to be broke Americans, or their representatives and journalists, are finding fault with prison budgets and over- incarceration. Federal senator Jim Webb D-NC, (famous for putting G. Bush into a public bitch fit upon responding to his fatuous inquiry into Sen. Webb’s son’s service in Iraq) has commissioned a study into why one in thirty-one U.S. citizens is incarcerated or under some correctional supervision.

The answer, until about 2006, was; why not? Money was free and government jobs as guards, prosecutors, investigators, cops, parole/probation officers, administrators, paper pushers, process servers, evidence processors. Service providers, office suppliers, product pimps, food vendors. Restraint designers, weapons chemist, social engineers… gave broader ownership of and employment by the government to those participants. Thus the prison/industrial complex has arisen to take ownership of larger branches of public treasure. The problem, which Sen. Webb’s study will easily show, is that the public is over-invested in a failed scheme.

This is enormously aggravated by the intervention of the private incarceration industry’s intervention into representative politics to ensure judicial systems; state, federal and foreign, provide an ever increasing corpus of billable bodies.

Root cause analysis will show failure of representation as the primary culprit for this runaway train of conviction and sentencing that has finally arisen as a financial problem. Legislators are swamped with input that is not readily parsed to match with their constituent’s needs. In fact the majority of input is solicitation obfuscated to hide the petitioner’s ulterior motive and disguised as a public need. Add a dash of contrived urgency and you most often receive a law that is diametrically opposed to the public’s need.

Thirty plus years of this malfeasance by lobbyists (the “special interests” one hears about in campaign speeches) has built a tangle of laws – the mechanism behind over-incarceration – that may never be comprehensively penetrated by any study.

The lobbyists may have to less aggressively advance their positions for more fuel for the industry, but will never concede their cause (exorbitant fees buy extensive thoughtless allegiance)

This phenomena is only reversed when these hucksters become a victim of their own clients - tobacco lobbyists dying of cigarette induced cancer; prosecutors, lobbyists, police and politicians prosecuted by the system they over- built – which tells you, the taxpayer, all the truth you must know. When these people assume the role of defendant they are appalled at the extent of victimization the current criminal justice system can, and usually does, perpetrate upon them.

The parts of the problem that have to be corrected are: charging, investigation, legal representation, sentencing, imprisonment; from booking to discharge of sentence the system is wholly obtuse.

Charging: A district attorney’s performance metric is conviction rate and allegiance is to law school loans and peer organization accolades, neither serving public interest in the highly discretionary act of applying criminal statute to criminal complaints.
**Solution: Applications for public service as attorneys are accepted with no specificity and the most qualified are offered positions as either prosecutor, public defender or other (tax, water, property, civil, planning…) exclusively.

Representation: Public defenders office diminished ineffectiveness since established under Gideon v. Wainright (1963).
**Solution: Restore capability of the office to provide effective representation by hiring via the solution under ‘Charging’ above. See. Am. Bar Assoc.’s study, “Gideons’s Failed Promise,” for exhaustive analysis.

Investigation: Defense relies on the highly selective investigation of the state, State labs are notoriously biased.
**Solution: Defense pressed by procedure to produce point by point response to inculpatory evidence with countervailing evidence or mitigation factors. That is, provide expected adversarial testing like a fighter in the proper weight class; access to unbiased lab testing.

Sentencing: Pre-sentencing investigation report generated by probation dept. (or other prosecutorial affiliate). Judge defers to the prosecutor for appearance of serving the public’s best interest; mandatory minimums.
**Solution: PSI report must require response from an unbiased source capable of evaluating matters of fact and law in the context of sentencing – regional law school perhaps. Balance ratio of prosecutors to defense attorneys appointed as judges. Repeal the mandatory minimums that restrict discretion.

Imprisonment: More inmate intake that output. Lack of rehabilitative incarceration.
** Solution: Develop and utilize a parole and earned time system that encourages an inmate to earn progressively earlier release from day one. Dedicate rehabilitative program resources to the remaining, non-parole eligible inmates. (Colorado maintains approx. 8000 parole eligible inmates in a population of approx. 22,000 with no explanation as to their unworthiness).

All this deconstruction and reconstitution can only be accomplished by the public reasserting their interest in a justice system that provides proportional and prudent justice and an optimally socialized inmate upon timely release. Your right to petition your government for due services is the only way to combat self-serving industry manipulators and rebuild a public serving court and prison system.

Does your state have “voter initiative?” -- The right of citizens outside the legislature to originate legislation.
________________________________________________________________________
Fear of Due Process and Journalism
Roxanna Saberi has been convicted of spying in an Iranian court and sentenced to eight years, after a one day trial in which no defense was allowed. She was originally charged with practicing journalism without a license (there is contrary reporting that she told her father she was detained for buying alcohol). Reproof is given to understand that the trial judge decided to elevate this charge to espionage. It is unclear what compelled this caprice. It is not unheard of for a judge to evaluate evidence before him and make a procedural decision that alters the legal process of a case. Here the judge appears to have spontaneously decided there were grounds for something bigger than communicating with BBC and NPR and levied the immense accusation of spying. Given no evidence nor any input from the prosecution to support the higher charge he has capriciously assumed these prerequisites and adopted the additional role of prosecutor… Ms. Saberi was thus subjected to a court of one; a combined judge and prosecutor.

This judge further dispensed with trifles of investigation, presentation of evidence, and the adversarial testing of evidence for and against, expected of any minimally functional judicial system. Proper investigation would have been moot as Ms. Saberi’s attorney was prohibited from speaking, thereby excluding even the appearance of adversarial testing that U. S. courts strive for.

Ms. Saberi is on hunger strike, in protest of her due process deprivations, while awaiting appeal. This deprivation is so blatant and politically charged that the usually obtuse president, Mahmoud Ahmadinejad, and Iran’s chief judge have expressed the need for swift and fair appeal. The political gravitas is likely the motivator for these sentiments.

Similar abuses are reported to occur in the U.S. only when courts are in session.
Book Review
The Story of American Freedom; Eric Forner-Clinton,
Professor of History, Columbia discusses the changes and nuances of “America’s animating impulse; freedom,” in penetrating detail.
Bush v. Gore was premised upon what Constitutional amendment?

REPROOF IS:
Jason Pecci
#111132
BCCF / 8P
11560 Rd. FF 75
Las Animas, CO 81054
© Jason Pecci / 2009-2 Copy and Distribute Freely
Note from MEP / I entered this Reproof late and am happy to say Ms. Saberi is home safe!

2009-07-09T15:46:00.006-04:00

REPROOF (c) Issue 2009-1
While everyone’s noses were to the grind-stone the country was sold…
as were the grindstones.

Our Laws Are Business’ Pleasure
The United States has consumed itself into an unfortunate financial corner that will be studied by its replacement government many generation into the future of empire and failure. There are no single seminal causes that conspire and merge simultaneously to bring down a government or society. A tired underpinning of feudal consumerism, subservience and social ennui grows to constrict all victim citizens into a financial fetal position. From this vulnerable position the people must react against the forces that have caused their distress and disenfranchisement.
Welcome to the sense of incarceration and sudden awareness of endemic civil deficiencies in our formerly cozy word. You are a metaphorical inmate; actual financial inmate.

The usual response arc for an inmate is retro self-education of the system that has incarcerated them and condemnation of the processes as wholly unjust. That analysis is mostly accurate. So now how do we react? Try to correct course from within the current framework? Change the fundamental framework?

Reproof believes undoing degeneration of fundamentally sound principles is the most concise answer. Can we now blow the carbon and corruption out of the fouled system that we have become our own subjugates of?! Financial crisis has generated the awareness that is the first step of interest in socio-civil matters and the prison system is one of the most profoundly affected.

In the specific case of Colorado state prisons there are cultural and political driving forces that have caused gratuitous population of the system into a financial box canyon. The primary cultural driver is emulation of the big prison states; most specifically California. Their prison medical services have been under federal receivership for two years to mitigate its homicide rate and the financial stability point of the hugely overpopulated system is estimate at 50,000 inmates lower. That is to say that California’s citizens, politicians and immensely powerful prison guards’ union incarcerated beyond their financial means, and likely societal needs – by 50 out of 180+ thousand inmates; over-incarcerating by a wasteful 39%.

Colorado’s equivalent is a hobbled parole system that keeps 8000+ parole eligible inmates, of approx. 22,000 total, fruitlessly incarcerated.

There was a cultural expectation of more incarceration in the 90’s that was exploited by a terrible corporate contrivance, the private prison industry; wielding the worst political weapon, lobbyists with pre-written laws. The ’93 legislature passed the marquis canned law for these business school predators, called the Mandatory Parole Act. No elected person of aid thereof put any ink on paper in creating this prison industry roofie that has been date raping the public ever since. The bill is an off-the –shelf blue print, no different from an architectural print for a prison that engineers the over –incarceration to fill the non-public buildings and siphon public treasure.

The bill replaced “statutory discharge date” with “mandatory discharge date” and created a recycle loop of inmates to be sent back under the pretense of violating post-sentence supervision falsely forced into the statutes as parole;1 via guileful manipulation of the legislative process. The number of people subjected to re-incarceration under this contrived and counterfeit parole has paralleled the number of inmates sold to the private prison industry (mostly: Correction Corp. of America) year for year ever since.

Private prison infiltration into Colorado civics is not the only driver of the over-incarceration crisis in the state. It is however the largest and should be outlawed for its civilly foul premise.

Other Laws and Coincident Numbers
Results are mostly in on the Halliburton administration’s economic stimulus of late fall 2008; it was an executive final bonus payout. The $700,000,000,000 was used to re-capitalize degenerate large businesses and perversely reward the equally degenerate bosses for their theft. At the generally accepted 250:1 ratio of executive to regular employee pay one can calculate how many subsequently lost jobs financed executive final payouts at moribund corporations. For example; $2,500,000,000 is a proclaimed total of spoliation. Assuming $40,000 annual compensation for rank and file employees; (2 1/2 billion -:- 40 thousand =) 62,500 of the jobs lost since the Halliburton stimulus financed executive bonuses.

Send your numbers to Reproof, along with speculation of how the next stimulus will bypass workers.

Reproof guesses: it will be used to finance reorganizations' mergers and liquidations that will salvage the stock prices for the investors to cash out high and leave more implosion to befall workers.

Humility; The Badge Of Victimhood

"The species in which deception and manipulation are most extensively developed is our own, by virtue of our language capability." -Intro to psychology textbook.

There may not be a greater contrast of context for victimhood than a criminal defendant's prosecution and subsequent imprisonment. A first time defendant brings their humility into a courtroom when confronted by the criminal justice system and is parried by a prosecutor's mercenary pursuit of any conviction. Their service is to law school debt and conviction rate, which relieves first time defendants, victims and associated family members of all their sweet naiveté. Just as Greene's "48 Laws of Power" puts a modem context on Machiavelli our courts are for appearance, not effectiveness. If someone is incarcerated for each perceived crime the appearance of balance holds and no one cares until they have a turn of their humility and naïveté stomped in a confrontation with the prosecution system.

Appearance and decorum mask duplicity so well that epiphany comes with the slamming of the prison door. Thus is minted a terrible promissory bond to the people the prosecutor is supposed to have represented.

There is no place in prison for the humility and social graces the prosecutor capitalized upon. Once leveraged in court a first timer is sent to be further victimized and rent of the humility that enabled maximum, and often aggrandized prosecution. Of course not all defendants are browbeaten victims, nor are all inmates permanently wrung dry of humility, but it is quite close .

In Memoriam
Anastasia Baburova, 25, reporter Novaya Gazeta. Vlad Putin's Russia has well degenerated back into a KGB dictatorship in which investigative journalism is a state enemy. Ms. Baburova and a human rights lawyer were smoked by a state contractor, with a silenced pistol, just two blocks from the Kremlin. This is an escalation from the previously secretive and subversive hits that became fashionable since the U.S. passed its patriot act under an oil energy oligarch government. [Three men have been acquitted of accessory culpability in the 2006 murder of earlier victim Anna Politkovskaya. Novaya Gazeta's deputy editor said, "The law enforcement system did every¬thing it could to save itself because they were involved in the murder. "]

John Updike, author (unwitting guest obit.)
As close as I can tell all he was, "The Sissy's Guide to Life Experiences," like explaining what it's like to be broke, or lose a baseball game or some other chickenshit thing that us non-insulated ones either know from experience or from instinct. He spent his time explaining to fat rich people what it feels like to be hungry and they think he's brilliant. I'll take "On the Road" any day.

Other Suggested Titles On Freedom; Nemesis:The Last Days Of The American Republic By Chalmers Johnson, Lockdown America by Cristian Parenti, With Justice For None by Gerry Spence, In its 20th year since publication Spence's precursor to "From Freedom to Slavery," is tragically relevant to self-oppression. It lays out how the judicial branch and law school drones became the whip of injustice that We The People swing upon ourselves.

Practice civil engagement by getting informed at your local library.

Watch for a Constitutional convention in Colorado- It will be a test of all its citizens’ fortitude.

1 Parole = Conditional release from physical incarceration before completion of sentence. Colorado sentencing statute § 18-1.3-40 1•• (l)(a)M(B) [formerly § 18-1-105] " ... any person who is not paroled and is discharged pursuant to law, shall be subjected to the mandatory period of parole ... " How contradictory does this seem to you?! Send the relevant session laws to Reproof for further analysis.
Reproof is:
Jason Pecci #111132 BCCF / 8P
11560 Rd. FF 75
Las Animas, Co. 81054

© Reproof Pamphlet 2009 Copy and distribute freely. Issue 2009-1

2009-06-30T14:24:00.003-04:00

DUST KITTIES © By Mary-Ellen Pecci

Cultural Anthropology / Summer 2009 University of Maine Augusta

It was Setamni that the Gallaxy of Ethos, the planet Erutluc, sent to the planet Earth to observe the beings and their environment and habits. His craft was the size and appearance of the head of a dandelion gone to seed. It was capable of becoming invisible when necessary. The craft held finite equipment for transmission of information back to the mother ship which hovered on the edge of Earths galaxy.

Seta (nick name), was to circle the planet and explore the different land masses where there were beings and send back details of types of production and how production took place, and give general descriptions of numbers of people and habits.

The maps, with given names of land masses, were available for him to chart information about the two legged upright beings and their habits. The areas along the midline of Earth had growth so thick in some places he couldn’t see any beings until his craft flew under the growth. Some areas on this midline had no growth at all. These beings, as far as he could determine, did a lot of digging up of the ground in the heavy growth areas. Chasing four legged beings and pulling on their undersides or hitting them with sticks seemed to be common pass time in the barren areas. They all looked very busy and productive. Some built shelters out of sticks and leaves, some built shelter out of skins of four legged creatures.

To Seta, who was amorphous, it was odd to see some beings with extensions protruding from their upper torso and then some others with extensions protruding from their lower torso. When these two beings were together for long periods of time smaller beings were produced. He found this to be common of these beings in all areas where he collected data.

The ends of Earth were made of ice and there was very little activity in these areas. He observed a single small village at the bottom of Earth. At the top of Earth and away from the magnetic field that was detected, there were some beings that appeared to play in the water with sticks and funny looking slippery wiggly creatures would jump out and the beings would whack them in the head with sticks. These beings built shelters out of blocks cut from the ice.

Between the middle and the ends of Earth the landscape was variable and the beings were just about everywhere even flying through the air in tubes and walking on vehicles that moved in the water. Some areas were very congested with beings, and their shelters had to be built on top of each other high into the air. Each of these beings looked different. Their skin colors were different; the second skin that covered their skin was different and it came in a myriad of colors and styles. Every being seemed to have different tasks and produce differently.

As Seta moved into outlying areas with fewer beings he could discern that shelters were built out of plant material and the beings would leave their shelter to 'produce' in other shelters made of metal, concrete, and glass. In the areas with very few beings, they produced from the land or water.

On a rare occasion Seta would see a large village made out of mostly concrete with very few windows, surrounded by huge coils of silver colored wire that had many pins attached to the wire that stuck out dangerously.

The last leg of his journey around Earth gathering data was over what the map told him was the United States of America. This area was similar in data regarding shelter, production, kinship, etc. as to other areas but there were many more of the concrete villages with few windows, surrounded by double coils of the same wire that was as high as the top of the concrete buildings. Each one of these villages had several concrete building that covered a hundred (more or less) acres. These buildings lay in a circular or triangular formation with empty space in the middle.

Seta was puzzled by the lack of obvious beings. Checking his data he discovered that there were several thousand of these concrete villages and encased in them was 2.7 million beings.

Seta decided to observe the habits in the villages a little more closely. Many of these villages were toward the bottom of this land mass and in the direction which Earth’s sun comes up. He chose to observe an area his map called Georgia.

Honing in on an average size village, he heard the mechanical clanking and whining of moving metal and the concrete wall spilled forth many beings whose second skins all looked alike. Most of these beings first skin color was black, but some had different skin color and some had pictures painted on their skin. All were the type of being that had the appendage on the lower torso.

They were involved in some type of play. They would run around in circles or jump up and down sometimes with a small round object. No elation was noted. There was nothing produced by this behavior. A closer look around the interior revealed rows of cages inside which there were concrete benches and concrete places for the beings to sleep. The cages were stacked three layers high and in a circle and in the middle was an area where beings were playing with paper, throwing it in piles on a table. There was no production going on here either. Seta finally found a space where it looked like there might be some production going on but it was on such a minor level as not to be recordable.

There were beings that appeared to be in authority watching all the other beings. They had the same color second skin with very slight difference in style and shade from the beings they were watching. There was no production going on here either.

Seta was receiving an odd transmission by mistake. It must have been because his craft was hovering near equipment that had many wires and boxes. There was a being sitting in front of a box and the beings fingers were moving wildly and erratically on a board. The transmitter was called “The New York Times” and the words said, “The State of Georgia, according to a PEW study, has one in every thirteen people serviced by a corrections department, and now the inmate populations meals are being cut to two meals a day, three days a week.”

Ahuh! Seta said to himself, I get it, this landmass is a giant penal colony.

Seta could hear the very loud sound of a motor and something being dragged. He transmitted his findings just in time before being violently sucked into a long dark tube and crashing into a pile of dirt.

Think Outside the Cage: Judge Allows Masters' To Press Claim

2009-06-27T07:15:00.000-04:00

Think Outside the Cage: Judge Allows Masters' To Press Claim

Think Outside the Cage: Katie Couric - Prison Spending

2009-03-05T12:30:00.000-05:00

Think Outside the Cage: Katie Couric - Prison Spending

Think Outside the Cage: One in 31: Pew Report On How Many Under Supervision

2009-03-03T12:58:00.000-05:00

Think Outside the Cage: One in 31: Pew Report On How Many Under Supervision

2009-02-11T11:36:00.001-05:00

http://www.nytimes.com/2009/02/09/opinion/09mon3.html?partner=permalink&exprod=permalink

Think Outside the Cage: Prosecutor in Tim Masters Case Embarrassed

2009-02-09T09:54:00.000-05:00

Think Outside the Cage: Prosecutor in Tim Masters Case Embarrassed

Think Outside the Cage: Editorial- Judges Sentenced

2009-01-31T19:29:00.000-05:00

Think Outside the Cage: Editorial- Judges Sentenced

Think Outside the Cage: Professor Mirrors Milgram Torture Experiments

2008-12-28T09:58:00.000-05:00

Think Outside the Cage: Professor Mirrors Milgram Torture Experiments

Think Outside the Cage: DOC 2009-2010 Budget Briefing

2008-12-25T17:36:00.000-05:00

Think Outside the Cage: DOC 2009-2010 Budget Briefing

Spend it on education, not incarceration, start with the judges.

2008-12-09T11:59:00.001-05:00

Dear President Elect Obama;

I realize you and your cabinet have your hands full. Hopefully, sometime during your first tenure though, the outrageous problem of over sentencing and over charging in our courts can be addressed. It certainly would save billions of dollars a decade.

I believe the 10th District Federal Court of Appeals is in need of two Judges. This circuit also has one judge over 80 years old and one over 90 years old whose places may need filling during your two tenure’s. Their tenure’s are way to long and should be fashioned after the House of Representatives. It may be a good time for our country to consider non-judicial civil rights advocates for seats on this bench, or a least lawyers that have been working for organizations such as the ACLU or Colorado Criminal Justice Reform; Christie Donner for example.

I consider myself ordinary in the sense that 1 in 20-25 U.S. citizens has a close relative doing time and I personally have seen no sense of fair treatment by our officials in the legal system in the eight years I have been stumping for my son Jason. I’m sure he is not alone in this treatment.

The Larimer County, CO court has stooped as low as to mishandle funds. There has been no response from law officials regarding this mishandling of funds; money orders for necessary materials my son Jason needs for his appeal. The abuse of power by Colorado Courts is astounding. The fact that Jason was sentenced by Terrance Gilmore and prosecuted by Jolene Blair, both now notorious for avoiding evidence that would have prevented a man, Tim Masters, from a life sentence is of great interest to me. It is also of interest that Jason’s case was the first homicide for Terrance Gilmore after taking the bench, and it was the last homicide for Jolene Blair before she took the bench. Public opinion says neither of these people should be practicing law. In Jason’s case the facts surrounding the homicide were never allowed to be presented.

The States Assistant Attorney General Bilotti has responded to every well formed appeal package with unrelated rhetoric. His “answer briefs” which are supposed to address each issue presented, do not. They are instead; a mish-mash of redundant sentiment with content far removed from the appeals material presented. It is extremely disturbing that one can get away with this representation and call it; fair legal treatment? What is truly troubling is the higher courts treatment of the appeals that are before them. They should be the “oversight committee” but instead they don’t pay attention.

As for me, I will continue working diligently, prodding the court to at least read the material in my sons case: Jason Pecci, case# 08-CV-01235 BNB, U.S. District CO.

Now that my business and myself are bankrupt and I am losing my home, I have few other responsibilities other than to continue stumping for Jason.

Between the ages of 40 and 62 I completed 14 triathlons, designed and built two homes including roofing, plumbing, electrical…, operated a successful fine dining establishment on the coast of Maine…I will do my best to see Jason is treated fairly by the courts.

Please remember that I am only one out of millions of people affected by this mass incarceration of loved ones, caused by over sentencing and over charging. Most families have little money for proper legal defense. “Adequate defense” by public defenders in the district court systems is grossly “inadequate.”

I know you can put this country back on track. Please don’t let others discourage you from effecting change in our courts.

Respectfully,
Mary-Ellen Pecci

2008-12-04T15:07:00.001-05:00

This series of posts are an introduction to the shinanigans of the court.

Colorado Bureau of Investigation
Attn: Agent Steven Johnson / Theft Division
710 Kipling Street, Suite 200
Denver, CO 80215

Dear Agent Johnson;

It would seem the Larimer County Clerk of Courts may have untoward reason to withhold information that should be made available per my son’s request. His complaint regarding the behavior of the Clerk is enclosed. He, his father, and I are requesting investigation. Jason cites these in his complaint;
Theft, deception, conceals or abandons: / CRS 18-4-401,
False statement, fraudulent use/statement / CRS 18-5-507,
Abuse of public record/impairs the availability of public record CRS 18-8-114.

~~~~~~~~~~~~~~~~~~~~~~~

My own complaint or observation, if you will, is this;

While the final appeal process to the U.S. District Court of Colorado is ticking off its days, the Clerk of Larimer Court is playing with monies sent by Jason and by me. Not providing Jason with the requested material in a timely fashion, using the “no monies enclosed” excuse; is a deliberate abuse of power. Several weeks ago I enclosed a postal money order to the clerk from the U.S. Post Office in Bath, ME, careful to put it in the envelope and seal it with the request for information. The clerk is tampering with the time line of the appeal.

Over the past eight years I have spent $30,000 on an appeals lawyer by re-mortgaging my home. In the past few months my business and my home have been lost to the failing economy and Jason has had to continue “pro se.” I can remain in my home for a few more months until the bankruptcy trustee disposes of it, but my unemployment checks don’t allow for the frivolity of the Larimer County Clerk of Courts.

All of this would have been unnecessary if the case had been handled properly to begin with. Evidence was withheld! The judge and the prosecutor handling the case are earning a reputation for deceit. Terrance Gilmore and Jolene Blair have both recently been censured by the Colorado Supreme Court for problems surrounding evidence in a case that sent an innocent man to prison for life. That man has recently been released after serving ten years of that life sentence. Censuring by the Supreme Court appears to be just that; a word, not justice.

When evidence is not released in a timely fashion to opposing parties it is deemed suspicious. In Jason’s case, I pushed his public defender for release of ballistics testing and she did not push the opposition in return, and it was never produced.

Jason’s past appeals attorney stated he has found the Larimer County Court to be the most difficult court in the state to interact with.

How long are we going to continue to see this shameful status quo in the court?

Douglas D. Guidorizzi of Emory Law, states: “Plea bargaining may satisfy what some scholars argue is “an irrepressible tendency toward cooperation among members of the courtroom work group. A tighter screening process will prevent the overcharging that creates significant leverage for the prosecution in negotiations.” “The concerns of plea bargaining critics are corruption of institutional values, decreased effectiveness of criminal sanction and the increased chance of improper convictions.”

Eric Luna, Cato Policy Report, Overextending the Criminal Law. “The sledgehammer of draconian punishment (threat] is most disturbing when it is used to coax pleas out of individuals with valid claims of mitigation or even innocence.”

Mary-Ellen Pecci
211 Campbells Pond Road
West Bath, ME 04530
207-443-6861
maryellenz@suscom-maine.net

CC: State Senator Bob Bacon
State Representative Don Marostica
First Lady Jeannie Ritter
Attorneys’ David Wymore & Maria Liu
Federal Bureau of Investigation, Portland, ME
Sara Burnett, Rocky Mountain News

2008-11-18T17:06:00.000-05:00

Jason's Annual Prison Update
2008
I like to review the year around Halloween to beat the holiday rush and punctuate the seasonal change with reminiscence. The state of Colorado incarceration is not changed but is much better than the Oklahoma conditions I returned from on June 4th. I was able to capitalize on the few advantages the out-of-state contractor offered in lieu of proper standards of custody - it's all a placation game. These were; French language audio CD's, a piano keyboard in the cell and tying hemp twine bracelets. The library remained, as previously reported, farcical; such that I spent minimal time there and maximized recreation with yard time and the activities mentioned. The move was unit delta south en masse: the 120 of us from a remote airstrip in the western Oklahoma plains, on an unmarked rendition flight over Las Animas Colorado to Pueblo and by bus back to Las Animas (no rendition airstrip in S.E. Colorado?)
The five months here at Bent County Correctional Facility are markedly improved over the last stay (8/03 - 11/04) by living in
new cell houses that are dislocated from the administrations snake pit which remains in the original facility. The loss of access to a piano keyboard and language CD's was easily supplanted by a job as an assistant teacher in the electronics shop and a collection of books maximized for my chemistry and electronics obsessions and a few inter-library loan volumes of French verbs and idioms. Also knowledge of rudimentary crochet stitches has grown into a hat making/experimenting enterprise (photos attached)
I am still misplaced in private contract incarceration and hope to return, through the political maze, to civically grounded state custody. If you are a politically active person watch for the encroachment of privatized government; prisons, military, parole, half-way houses, social services ... , they are terrible lesions on the U.S. civic tradition.
May we all feel our way forward well, in all situations. Best wishes and regards,
Jason

2007 ANNUAL REPORT

2008-11-18T16:56:00.002-05:00

Annual Insight to Incite and Inform / Prison Update
9/2007

Fall "06 was a slow and steady time at Arkansas Valley prison. I had returned there in September "05” and was in a single occupancy cell by the spring. Work in the library was consistent and gratifying. Access to the music room averaged 4 days/week, which was insufficient but not enough to discourage my struggle for more access and insight into musicality. There were some disruptions as various housing units were singled out for shake downs, the occupants sequestered in the gym (where the music room is located) while their cells tossed-up.
It was our turn in unit 3 in early December; ostensibly a gift from a gang called the 211 crew whose extortion activities had become too prominent. Actually it was a 100 person excuse for pre-Christmas over-time, and New Years comp time. My largest complaint was that the music room was not open during our sequestration.
A pre-dawn raid Dec. 17 to send 50 inmates to an out-of-state subcontract incarceration, further bolstered the over-time drive for staff and stripped the inmates of possessions and ability to contact family for Christmas. My turn came one month later. Jan. 17, 5:00 am, better than 2:30 am for the Dec. guys. The procedure was slightly modified also.

Two goon squad members inform each potential traveler of their reservation on con-air that afternoon to western Oklahoma and await one's acceptance, in lieu of two years segregation at the state penitentiary. Since I am writing from Oklahoma you may surmise that my temper tantrum was well below state pen standards; probably amusing since they said, "Get packed" while walking away.
That afternoon 120 inmates flew on the second rendition flight of the day from Pueblo Colorado. The Dec. and Jan. shipments of people doubled the population of the barely functioning North Fork Correctional Facility, thereby rendering it un-functional and inducing an operational desperation lockdown by ground hog day.
Lockdowns are not sustainable by for-profit prisons, so operations stumbled on and I took a job in the kitchen in March. On my second day the occupants of my living unit called the bluff of histrionic staff in the dining hall and everyone stood up against the verbal abuse. I returned from work to another lockdown. During that 12 day stretch I was re-assigned to the library. (This is quite unusual, as kitchen jobs are un-quitable much less de-assigned.) The library is a joke. I read a news magazine or textbook for two hours week day evenings, nothing more.
I acquired an electric keyboard in early May, to have in my cell, only 2.5 months after placing the order through inmate accounts. Practice 3X/day has not yielded proportional improvement but did make the June 26 - July 3 lockdown pass much more easily. I shook the post-lockdown complacency with the desire to jog for the first time since being paralyzed in 1990. It is ugly but the heat and humidity guarantees an aerobic workout and vascular headache.
Technical studies of organic chem. & thermodynamics had progressed to bio-chemistry, that took a back seat to a 10 "CD” French language course. il est un bon debut.
In the spring a fellow Colorado inmate - there are Wyoming and Vermont inmates here too - filed a “writ of habeas corpus”, making a cogent v-argument that Colorado relinquished custody of him. 250 peers have joined the claim that CCA Corp. has no custodial authority over them. How would you respond if your executive branch appointees dropped legal custody of 480 inmates (=2% of state prison pop.)? I can tell you how it will play out, if you ask. The environment of false hope for release has been refreshing ;)
Now Washington state inmates have been added to the facility and Idaho is en route. Five co-mingled states bodes ill for operations and the fall promises to be as chaotic as the spring.
Since the Jan. move the positives and negatives have come into starker relief and doing time is still the same paradigm of life -minimize the negatives, maximize the positives, persevere.

Jason

2008-11-18T12:04:00.005-05:00

In forming this new blog I am inserting older reports from Jason, before posting his latest report. Also, Jason's book is ready for publishing. If anyone is interested in a copy please send $5 for shipping and printing to: Mary-Ellen Pecci, 211 Campbells Pond Road, West Bath, ME 04530.

FIRST ANNUAL REPORT

2005 / Four facilities, four years. It's probably just bad Karmic timing that I put off writing this until later in this week and get to it on the 4th anniversary of "catching my case," in prison parlance. What happened to get here is a confluence of bad events that are not the intent of this blog. I feel that criminal justice experiences of the past four years and the unique perspective of an inside view are more appropriate.

Prison is a self-perpetuating system and western culture sucks, to be concise. Here is a quick time line to show where those sentiments developed: April->Nov 2001 (7 months) County detention center for trial/judgement/sentencing; one month inprocessing to the peni-tentary system; late Dec 2001->July 2003 (20 months) Arkansas Valley Correctional Facility in eastern plains of Colorado; Aug 2003->Oct 2004 (15 months) Bent County Correntional Facility, further east into the remote plains; Nov 2004->present Fremont CF, Canon City prison complex, out of the plains into moderate mountains about 30 miles east of Pueblo.

I started to type, then handwrote after about 2000 words, the story of transition from normal to prison life. Approximately 22,000 tell of the initial period. To be minimum novel length the story will have to be double that, starting with my arrival at the first facility (AVCF). While there is environment and story worth 25 k-words, my involuntary move to the second facility (BCCF) - a privately owned and operated trick bag of greasers and shysters that would make you want to vomit and renounce US citizenship - forced a more political bent and I wrote a dozen op-eds while there, which I hope to staple together and make available. This is where I developed animus for the criminal justice system and western culture obsession with out-sourcing (abdicating responsibility for) penology.

Now I reside back under state auspices (FCF) and am, in very relative terms, content; as I was under state auspices at AVCF, after an initial adjustment period.
I hope that suffices as an introduction to current circumstances and encourages you out there to respond or query at will. I am good for 600->1000 words of monologue on almost any topic but prefer dialog. Look forward to hearing from you.

PEACE, Jason