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Justice for All

And, once again - I am validated:

Man Framed for Child Pornography

The AP article (thus I won't quote out of it, lest I upset the AP folks), discusses the falsely accused, the stigmas, how it can happen - and that the justice system will, in the end - send the to hell. Why? Because this is America. This is the land of the Free. This is the land of fair and equal justice.

Not..... This is the land of justice for hire.

As the mother of one who has been through this and lost because he didn't have fifty thousand or more to fight this, knowing my son's innocence to be a fact, I can assure you - that the hatred and stigma out there forces innocents to fight and lose, or take pleas and spend their lives paying for it. But, once they've taken a plea - whether it was to protect the ones they love or not - even if science finally proves their innocence - the system won't ever give them that satisfaction and the public will hate them forever. That's the fallacy of the system. It takes nothing more than circumstantial evidence to send even the most sincere of innocent people to prison, and it takes a miracle to help them through it. I can guarantee you, because of the number of people that say, "burn that witch," because they, themselves, have not gone through this - this will keep happening.

There is no innocence project in Oregon to help them like there is in California. There is no accountability on the part of the DA's office. Oregon happens to be one of the few places left in the entire WORLD, that believes in grand jury indictments (no filtering of the grand jury members and permissible levels of presenting false information to them by the prosecution while the defense gets no say). If you don't believe this can happen, then you haven't learned enough in life yet and you're naive. And, for that, I fear for you. Guard everything - password everything - but know that even then, the police are allowed to lie, the prosecution is allowed to convict you without evidence that you were there, and it's just as easy to take a fall, as it is to set someone up to do it. Trust me - the several years that we've battled this situation has educated us to what we didn't know was possible. Like many of you, I would have said, several years ago, burn them; or there's more to it. Now I know. No one will listen because of the stigma. The governing authorities and courts of this state will not help, and innocent people sit in prison, and/or on offender lists, hated by their peers, unable to get their lives back in order, because our society is still full of superstitious witch hunters.

I can only pray to God, that He will continue to be there for our family, and the gentleman listed in the above referenced article - because right now - it will take an act of God Himself to bring truth to the justice system. Especially, for those with indigent defense - because while they may be great attorneys, they are overwhelmed with cases, underpaid for their work, the State will NOT provide for adequate defense experts (and that's a fact you can take to the bank), and they also have to overcome the stigma of a system prosecuting innocent people - abusing innocent children in the process. I pray that those of you who read this article, may have open hearts - may do the research - and before you pass any judgment - learn what you can. Go onto youtube and search for how these people hack wireless routers, see what these hackers do and see how they offer information to ANYONE, on how to hurt others. Watch the 5 to 10 minute videos on 'how to' do this terrible, and unforgivable act. Know that the Attorney General in Oregon, fought the RIAA and stopped subpoenas of computers where they couldn't 'prove,' a person was in front of a keyboard; but the AG's office won't support that same position for anyone else.

And, finally - remember this: YOUR computer IS your identity. You have your email, your contacts, your account information, your passwords, and everything else on there. Unless you search every file, every day - how would you know what was on there? Can you name every directory? Do you know if the picture you saved to the hard disk was what it appeared to be on the internet - because that, too - can be changed by sick pedophiles trying to hurt innocents. Look up defense attorney websites, defense forensic investigator websites and see for yourself, what the truth is. You may not have much 'worth,' stealing - but your identity is INVALUABLE. That's WHY there's antivirus/spyware/spam software; that's WHY airports tell you to guard your bag from someone else using it, and that's WHY you MUST be paranoid - because they will take the identities of innocents, not guilty people. They will harm those who believe they are exempt from it - because that's their challenge, and that's their mission. And, when it happens - when it appears to be that you're a witch - it will be to drown in the river to prove your innocence - welcome to the American Justice System, date: 2009.
 
You don't have to like your government to be a good American, you just have to love your country.
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Nancy Pelosi - telling the truth finally

Yes, Nancy Pelosi is the victim of her own moral standards. She was not meant for politics. In fact, I feel quite bad for Ms. Pelosi at the moment in time and wish there was some way I could help her. And, yet, with all she's done that has been egregious toward the people of this Country, it's a fact that she is at the receiving end of what she helped contribute to. Why? More of her outrageous commentary? No - in fact - it's because she's finally being honest. She's finally telling people the truth, and now, nobody will believe the little boy who cried wolf....
 
You see, Ms. Pelosi did NOT lie when she said that members of our 'intelligence' agencies (the CIA, the FBI, Internal Affairs, etc.) lie to Congress. When Newt Gingrich, ex Speaker of the House, spoke on the Sean Hannity show saying that Nancy Pelosi was undermining and attacking the innocent and pure "intelligence" agencies of this country and berated her, HE LIED TO THE AMERICAN PEOPLE. Why? How? Because - If - IF - Nancy Pelosi is telling the truth, then guess what? That means that old Newt knew the truth as well. In fact, it is HIS integrity that is on the line, not the integrity of our "intelligence," agencies. Quite frankly, the words government and intelligence are not only oxymorons, but rather strange bedfellows. What really makes this a 'major' issue that has unleashed such a horrid attack on Nancy Pelosi (and for those of you desensitized to the media - the attacks are outrageously extreme in comparison to ANYTHING else going on right now), is that it also puts 'Ex-Senator,' Mr. Barrack Obama, the current President - on the line for also knowing the truth about the lies AND contributing to it. You see - there's evidence. Not just the Guantanamo Bay garbage, but SO much more -
 
(I'll reflect on only a select 2 or 3 topics in this paper - as the FULL list would take a lifetime to present to you) 
 
When the Adam Walsh Act was initiated, its intentions seemed to be in support of the need to protect our children. However, there is a very dark and underlying agenda to this act. The American Prosecutor's Journal published a "guide" to understanding the Adam Walsh Act. It includes statements such as: "Prosecutors will find some very helpful language contained in the Congressional Findings..." and "Discoveries are not final appeable Orders," et. al. What does all that refer to? It refers to the prosecutors of this country, the D.A.'s that I wrote about previously who supposedly "support the Constitution," in full, relying on language in that bill that allows them to circumvent the Constitutional right for a Defendant to have access to all of the accusatory witnesses and accusatory instruments to be used against him or her. In fact, it outright limited and diminished the ability of any defense attorney to provide a Constitutionally adequate and sufficient defense. Of course, prosecutors love this. They are no longer bound by Constitutional laws protecting everyone. Don't misunderstand - you soccer mom, paranoid schizophrenics of the world out there - we're not talking about the rights of the guilty - only the accused. What's the difference? While you may be so insensitive that you don't care if a person's guilty or accused - you find guilt in everyone - like the good, God-fearing, loving, American you are...... what should scare the living crud out of you is that an innocent person no longer has the right to prove their innocence - and the guilty one continues to stalk the streets - and OUR children. Sorry, but unlike the ignorant masses of this country - I want the GUILTY person caught - because I can either accept that someone's potential innocence leaves a potentially guilty person walking free, or I can understand that jailing the wrong person (beyond our tax dollars going up), means the guilty ARE walking free!! BIG distinction. A chance and a risk I am willing to take,  is to allow someone freedom to represent their FULL innocence, so I can make sure that guilty person is still not walking around, unknown and free.
 
What does this have to do with Congress and intelligence agencies lying? They lie, and they use security officials, "intelligence" agencies to do so. One of the very first court cases (I forget the reference - I apologize) to occur following the institution of this act brought to light the fact that Congress declared hard disks inaccessible to defense experts at their place of business because they wanted to prevent the spread of such materials. However - as the Judge found out - NO such thing has ever occurred. And, he would not uphold a standard in his courtroom upon which lies predicated Congress' decision. You can read Dean Boland's technology blog to see for yourself additional violations of Congressional trust:
 
(2/26/09) "Although a study was released last month by the Internet Safety Technical Task Force that reported a safer Internet than parents and others had imagined. Nevertheless, two politicians from Texas, Jon Cornyn and Lamar Smith, have each filed in the senate and house, respectively, their own versions of the Internet Safety Act, otherwise known as Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act."

So - hold up - the ISTTF reported the internet's quite safe these days. So, what did these other two politicians do? They promoted free wire-tapping and forcing ISP's to keep permanent IP records of everyone. The consequences? IP records DON'T identify a person (go ahead google that phrase and see what you find). However, based on false information that is being presented to Congress - stop - go back - re-read "FALSE INFORMATION" - Congress must pass a law. Based on the presentation of the FBI to Congress that there is a risk of data loss if hard drives are given to defense, forensic experts, Congress must pass a law. Where's the "two-sides," to these arguments? Where's the Constitutionality? Well.. on that matter... I digress. Because, what's important here is evidence that "intelligence" sources have and ARE continuing to misrepresent data to Congress, falsely, and are causing laws to be irrationally initiated. So, where does the President/ex-Senator fit in? Mr. Obama claims his place of infamy in the "Protect Our Children First Act," which expanded upon the Adam Walsh Acts I & II, and further supported DHS' continuing removal of children from homes - even where children were never harmed, were quite safe and happy - and placing them into homes where they are lost, afraid and oft times are raped or abused (and in rare instances murdered).

Did our President want this? No, I don't believe he did. I believe he thought he was doing what was right based on the false information presented to him by DHS and federal authorities (who compiled false data from local law enforcement agencies), that allowed him to stir up Congress and win a feather in his cap for future elections.

But, when Governments lie - we suffer. Now, Nancy Pelosi, who has tried to tell the American public that lies were presented to Congress and Congress acted upon false information, initiating extreme actions that are potentially harmful in every way with every grain of cruelty and abuse that is Anti-American and UnConstitutional, is facing losing her job, her career, her credibility and so much more. Ms. Pelosi is trying to tell people the truth - but when the little boy who cries wolf does it over and over again, soon, no one will believe them. Well, Ms. Pelosi, as much as I am NOT in support of you maintaining your position in politics (unless you have learned something and will begin to sing a different tune), I do believe you and feel for you. I believe you - because the facts are out there. But, Congress doesn't want to be defaced. Newt Gingrich is scrambling to cover his tail in the wake of publishing his new book. The President doesn't need another bad mark on his record. So - you're the fall guy (or, er, um.. gal.. hee hee). You're the whipping boy, the scapegoat... the bobo doll! You are - at the receiving end of all the wild and outrageous verbal commentary you threw out against the American people. 

But, I fear that no one else will believe you. People believe their televisions. The pendulum swings in one direction, then the other - people go from one extreme to the other, and it takes a while to come back and yet, the pendulum does not stop in the middle. I'm afraid that no one but I, will defend you right now - and I am fairly right wing (surprisingly.. hmm?). I'm afraid that no one will aide you but me, right now, because you've not won the popular vote. You've not convinced the sheep they're in trouble. The sheep go where they're told, and trust what they're told. The little boy who cried wolf is the same one who lead his sheep to the slaughter. And, Ms. Pelosi - the sheep who are ignoring the truth about what you're telling them - will be lead to the slaughter. THEY WILL SUFFER, because of what you've done and what is happening now. They will NOT see the wolf coming, nor will anyone come to their aide. What you are now faced with is the devastation that a few misplaced, mistimed and unweighed words will have on the lives of the American people. The "intelligence" agencies will continue to lie. Congress will continue to issue out outrageous and uncalculated laws. Congress will violate the very Constitution of this country to initiate a witch hunt in the traditional style of the late 17th century and innocents will burn. But, only those who are sitting in are awaiting our cages, so that we may be held underwater for an hour to see if we come up breathing and are truly the witch we're accused of being, know the truth. And, we've been quieted. Nobody reads our work. Nobody listens to us. We have been defamed under false pretenses so that we no longer interrupt the wolf's feeding session.

And, now you know how it feels. Sorry -wish I could do more. Wish I knew how. Not solely to protect you - but mainly to protect the people.

 

 

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The corruption of the Oregon District Attorney’s Office (pt 1)

(note: this is the first part in a series of articles examining the blatant abuse of power and authority by the Oregon, District Attorney’s Office)
Let us examine, shall we, the problems facing this so-called "State" of the Union, otherwise known as "Oregon," as it relates to the judicial and legal abuse by those whom we pay out of OUR tax monies. Let us examine a blatant LIE and ABUSE of power with proof, examples and facts:

State of Oregon
District Attorneys Mission Statement

The mission of the Oregon District Attorney is to uphold the United States Constitution and the Constitution and laws of the State of Oregon, to preserve the safety of the public, to protect the rights of crime victims and to pursue justice for all citizens with skill, honor and integrity.

(
excerpt from http://www.odaa.state.or.us/mission.htm)

Excerpts from The Constitution of The United States of America, as quoted by the District Attorney's office, to be the FIRST doctrine that they exist to uphold:

Preamble (note - thanks to Steve Mount at http://www.usconstitution.net/const.html for the following, complete list):

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

  • Rewritten into laymen's terms: The American people, not its legislature, government, elected officials, law enforcement or other such members, but the people who work and live in this Country, as legal citizens, represented by the protecting Umbrella of our elected officials, in order to keep everything equaland fair for ourselves and our children, keep a general peace amongst us, avoid falling into the unscrupulous practices of the European countries we fled from by regulating the control and authority of the government, (NOT, the people), UNDER [us] the people, do hereby decree that we DEMAND the following rights:

Pretty straight forward. Not much to say. It's written clearly, in a way, that while it does contain elements that dictate the rights of the people, only insomuch as it regulates our involvement in matters so as to avoid false witness and punishment, the majority of its meaning lies within regulation of the government and their activities.


Amendment 4 - Search and Seizure. (Ratified 12/15/1791.)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
=========================================================================================
The search and seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.

The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. In practice, this means that the police may override your privacy concerns and conduct a search of your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if:
  • the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or
  • the particular circumstances justify the search without a warrant first being issued.

The Fourth Amendment applies to a search only if a person has a "legitimate expectation of privacy" in the place or thing searched. If not, the Fourth Amendment offers no protection because there are, by definition, no privacy issues. This is not, by its base meaning, a terrible thing by any stretch of the imagination. Courts use a two-part test (fashioned by the U.S. Supreme Court) to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched:

Did the person actually expect some degree of privacy?
Is the person's expectation objectively reasonable -- that is, one that society is willing to recognize?

The examples to consider are: A bathroom is a private place, but the front seat of your car - is not? I'm not sure about you - but the reason I have LOCKS on my car door, is because I don't consider the contents of my car to be "Public," and I'm sure that the reason that people who "steal" the contents of my car, are guilty because it is theft. How are the authorities exempt from this? Worse - private security guards, like those in shopping malls, have NO privacy requirements on them at all. The contents of your UNDERWEAR are free for them to examine!! So - let's examine the law:

Protection of privacy against unreasonable search or seizures. Hmm... does the law say... protection ONLY from law enforcement? Nope. In fact, there is NO identification of whom may violate this right. In fact, the only identification of anyone, is only that those who violate this right MUST have done so under oath or affirmation in a Court of Law.

If, upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution, state or federal. This rule, established by the U.S. Supreme Court in 1961, has come to be known as the "exclusionary rule." To this day, many commentators criticize it on the ground that it unfairly "lets the criminal go free because the constable has erred." But the rule's supporters argue that excluding illegally seized evidence is necessary to deter police from conducting illegal searches. According to this deterrence argument, the police are NOT SUPPOSED TO conduct improper searches if the resulting evidence can't be used to convict the defendant.

But, do they?

In the Ninth Circuit Blog, are "developments" as they pertain to Search and Seizure law. Developments... developments... ??? Hmm... does that mean... changes? Alterations to the United States Constitution as it is written? Why, yes - it does. Presedence set in Court rooms overrides the Constitution. So - just how is the District Attorney's office upholding the standards set by the UNITED STATES CONSTITUTION, when, in fact, they are ARGUING, to override it?

There are two main elements to consider here:

·         The first, is that the matter of unreasonable search and seizure was brought into question before the court. What does this mean?

o    This means - that law enforcement, DID, in fact, commit the act of an illegal search and seizure. They did NOT abide by the base standard set by the US Constitution. That law enforcement, in Oregon, has repeatedly, ABUSED their position, violating the rights of Oregon State's citizens, in their so-called, pursuit of justice.

·         The second is the matter of the District Attorney's Office. Did they, in fact, try to uphold the Constitution of the US?

o    The answer is simply, no. They used the excuse, that in their "mission," they are there to protect the safety of the public, and in doing so, they have argued for the right of an Officer of the law to have violated an individual's right to privacy.

Wait a second.... Doesn't that mean that they did NOT uphold the first doctrine that they have sworn to protect? Doesn't that mean that they have argued "probable cause," and "reasonable right to privacy and expectation," as it would fit THEIR perspective, not the perspective of the individual's CONSTITUTIONALLY protected right? Why... YES! YES it does.

So - the first question answered:

Does the Oregon District Attorney's Office uphold the standard, most base principal of the Fourth Amendment of the Constitution?

No, they do not. They try to circumvent it, abuse it, argue it, debate it and tear it apart, when private citizens choose to exercise their Constitutional rights. This is CLEARLY, a violation of the Constitution, and of the People, that in order to secure the blessing of Liberty, have fought for their privacy, and many times lost, because the agency - not elected - but paid for by and through our hard-earned wages, has chosen to ignore the first doctrine of their "mission."

(as a brief side-note, you may be asking: where are all my “examples,” or “proof?” If you’re asking this, then you haven’t followed the web links offered in here. I could list the thousands of cases for you, but that really wouldn’t be a beneficial use of space, now would it? Rather – I will reference the links. In fact – I won’t even waste the time – for the most part – citing anything specific, because that might be thought to suggest that the references are isolated. My purpose here is not to pick and choose isolated events, but, in the totality of circumstances, present to you, the reader, the overall picture. For, therein lies the fear. Therein lies the concern – that these events are NOT isolated, and these violations continue on, unchecked and unhindered and our freedoms, are quickly being lost). P.S. - sorry for grammar issues, no time for family to review it for me before posting....

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The corruption of the Oregon District Attorney’s Office (pt 2)

In this second installment of our examination into the practices of the Oregon District Attorney’s Office, we continue on from where we left off, looking only at specific Amendments to the U.S. Constitution. But, make no mistake, the violations I speak of go way beyond that. I am merely pointing out the largest majority of violations of our rights, by the D.A.’s office – specifically – in contradiction to their claims.

State of Oregon
District Attorneys Mission Statement

The mission of the Oregon District Attorney is to uphold the United States Constitution and the Constitution and laws of the State of Oregon, to preserve the safety of the public, to protect the rights of crime victims and to pursue justice for all citizens with skill, honor and integrity.

(
excerpt from http://www.odaa.state.or.us/mission.htm)


Excerpts from The Constitution of The United States of America, as quoted by the District Attorney's office, to be the FIRST doctrine that they exist to uphold:

(note - thanks to Steve Mount at http://www.usconstitution.net/const.html for the Constitutional references):

Amendment 5 - Trial and Punishment, Compensation for Takings. (Ratified 12/15/1791.)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Let us examine the role of a Grand Jury:

The first instance of a grand jury can be traced back to the Assize of Clarendon, an 1166 act of Henry II of England. In fact, Henry's chief contribution to the development of the English monarchy was to increase the jurisdiction of the royal courts at the expense of the feudal courts. Itinerant justices on regular circuits were sent out once each year to enforce the "King's Peace." To make this system of royal criminal justice more effective, Henry employed the method of inquest used by William the Conqueror in the Domesday Book. In each shire a body of important men were sworn (jure) to report to the sheriff all crimes committed since the last session of the circuit court. Thus originated the modern grand jury that presents information for an indictment. The grand jury was later recognized by King John in the Magna Carta in 1215 on demand of the nobility. (are we recalling the first post, in which I clearly explained that part of the Constitution’s purpose was to no longer follow European traditions?)

Early in U.S. history, the grand jury served to screen out incompetent or malicious prosecutions. The advent of official public prosecutors in the later decades of the 19th century largely displaced private prosecutions, but also led to their capturing grand juries and using them in ways for which they were not originally intended. But, is the practice of a Grand Jury today, still at as much risk for corruption as they were back then? Grand juries are today virtually unknown outside the United States. England abandoned grand juries in 1933 and instead uses a committal procedure, as do all Australian jurisdictions. New Zealand abolished them in 1961 and Canada in the 1970’s.

In fact, only HALF of the States in our Union use Grand Juries. Yes – HALF. What does that mean? That means, that the U.S. is NOT using the fair and equal standard across the Country, meant to Form a MORE PERFECT UNION, as the justice system has slowly come to realize the corrupt and unconstitutional nature of grand juries. – Slowly – As it is, the “other” half of the U.S. relies upon preliminary hearings in which Judges are allowed to be presented with ALL of the evidence, from BOTH sides – to ensure fairness and accuracy of the issues. Where Grand Juries do exist, such as it is in Oregon – the one sided argument – from Law enforcement AND the DISTRICT ATTORNEY’S office (the ever-scrupulous bastions of fairness and hope.. right?), before dragging you into Court – and sometimes – JAILING you – without your even knowing that ANYTHING was going on!!

A grand jury is meant to be part of the system of checks and balances, preventing a case from going to trial on a prosecutor's bare word. A prosecutor must convince the grand jury, as an impartial panel of ordinary citizens that there exists reasonable suspicion, probable cause, or a prima facie case that a crime has been committed. The grand jury can compel witnesses to testify before them. Unlike the trial itself, the grand jury's proceedings are secret; the defendant and his or her counsel are generally not present for other witnesses' testimony. (a special thanks to Wikipedia, for this information – and references YOU can follow up on to find more arguments defining the unconstituionality of the Grand Jury process).

I won’t even waste the time in this argument to discuss the Double Jeopardy clause, except to say this: the TENS OF THOUSANDS of arguments, in our Judicial system against this practice, is reminiscent of what I said in regards to the Fourth Amendment violations by the District Attorneys- they are NOT upholding the principals of the Constitution as they claim – but are fighting them to their own benefit (see Findlaw for even more, detailed explanations).

''It is now the settled doctrine of this Court that the Due Process Clause embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our whole history. Due Process is that which comports with the deepest notions of what is fair and right and just.'' (Justice Frankfurter)

Standing by itself, the phrase ''due process'' would seem to refer solely and simply to procedure, to process in court, and therefore to be so limited that ''due process of law'' would be what the legislative branch enacted it to be. But that is not the interpretation which has been placed on the term. ''It is manifest that it was not left to the legislative power to enact any process which might be devised. The article is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave congress free to make any process 'due process of law' by its mere will.'' (Lessee v. Hoboken) Let us begin by examining the more recent, “Adam Wash Act.”

On December 7, 2006, in U.S. v. Crowell, Magistrate Judge Leslie G. Foschio held that the Adam Walsh Act's requirement that specific pretrial release conditions be imposed on all defendants accused of certain crimes violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's Excessive Bail Clause, and separation of powers. So, the question presents itself – is the District Attorney’s (and Judge’s) right to impose “pretrial” conditions on an individual’s release, a direct violation of the Constitution? Here’s where the Grand Jury indictments come in – for no person shall be deprived of life OR liberty, without the due process of law. But, in a grand jury indictment, for the few states that still choose to against the WORLD WIDE accepted standard and use this unconstitutional and outdated method, that IS due process. Yes – you are guilty. I define that by: the imposing of legal restrictions, as would be imposed on an individual found guilty of a crime in a court of law. You are guilty, because they impose limitations on you: curfews; use of the internet; the ability to drive; to go to a public bar; to go into certain locations; to possess legal and lawful items; and so on. You are guilty, and these impositions will continue to be placed upon you until such time as you can be proven innocent. Otherwise, if you are found guilty, then these impositions are increased and you are PUNISHED TWICE.

That’s…. real…. Constitutional.. isn’t it?

Finally comes the matter of personal property being taken for public use. Let me put this to you in the most clear and simple matter possible: search and seizure. The taking of your belongings, for examination by law enforcement, use as evidence in grand jury indictments (and court hearings), is a direct counterpart to the Fourth Amendment’s protection of privacy. Perhaps some of you might be thinking: “Well, this means they can’t take your T.V. to watch it for themselves.” Why? That would deprive you of the item’s: 1) ownership, 2) use, 3) freedom of liberty and 4) your Constitutional rights as they apply here.

But, what’s the difference? Whether the State’s taking your belongings to “build a case,” in which they are committing all four infringements listed in the previous paragraph, or to “use it for their own, personal reasons,” – it’s the same thing! Your items are in their possession for their use. Your items will now “profit” them. Not only will YOUR possessions be used against you – but they will be used for THEIR profit. If we were talking something as simple as unlawfully downloaded music, which you cannot legally possess, then, that would be something that could possibly be debated. But, if that music was on your computer, where you also kept your personal files, your letters, your email, your taxes and whatnot – then they are DIRECTLY violating the Fifth Amendment to the US Constitution by keeping those items – WITHOUT just compensation.

Let me give you an example: Your computer’s taken under the false pretense of an accusation. But, in Oregon, false pretenses count as probable cause in the eyes of the law (somehow – that too – is believed to be “Constitutional??”). Your tax records are on there and you have them nowhere else. The IRS or Dept. of Revenue come knocking at your door, claiming you made a mistake in your tax filings seven years ago and owe them $50,000.00. The only proof you have is on your computer – but the State, without just compensation (which would mean equal and fair – not of value – of content – clearly stating that ALL of your information could be duplicated and returned to you immediately so you were NOT deprived of your belongings without said compensation), is preventing you from presenting your case. Now, the IRS/DOR, garnish your wages. You lose your home, your vehicle, can’t afford your meds and lose your health.

THIS IS EXACTLY why the Fifth Amendment exists. To overcome such dangerous situations that not only infringe upon your liberty – but YOUR LIFE!! However, the Oregon District Attorney’s Office, even in light of precedence set by the State Courts and multiple other States, will hold onto your valuables and abuse their power and privileges over you. Why? If you simply plead guilty or no contest -  your items are returned. You take the penalty, pay the fines (probably only around $3,000 or so – just losing your car, not your home or health), they get PAID for doing this to you, and the Constitution – well – it means NOTHING.

Does the Oregon D.A.’s office uphold the Constitution, as per their mission statement, the first Doctrine, as it pertains to the Fifth Amendment?

No. They argue and fight and spend OUR taxpayer dollars, to circumvent the Fifth Amendment. Once again – we have DIRECT EVIDENCE, that their office is lying, violating our Constitutional rights, and doing so without any manner of checks or balances. Of course, Oregon believes in Grand Juries – the “once upon a time” check and balance to prosecutions, and, in that corruption, has more prosecutions, per capita, than almost EVERY other State in the Union, justifying the taking of children and offering them up to rape, death and abuse; the imprisoning of innocent people, even before trial; and the continued abuse of power that remains unchecked.

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The corruption of the Oregon District Attorney’s Office (pt 3)

In this third installment of our examination into the practices of the Oregon District Attorney’s Office, we continue on from where we left off, looking only at specific Amendments to the U.S. Constitution. But, make no mistake, the violations I speak of go way beyond that. I am merely pointing out the largest majority of violations of our rights, by the D.A.’s office – specifically – in contradiction to their claims.

State of Oregon
District Attorneys Mission Statement

The mission of the Oregon District Attorney is to uphold the United States Constitution and the Constitution and laws of the State of Oregon, to preserve the safety of the public, to protect the rights of crime victims and to pursue justice for all citizens with skill, honor and integrity.

(
excerpt from http://www.odaa.state.or.us/mission.htm)


Excerpts from The Constitution of The United States of America, as quoted by the District Attorney's office, to be the FIRST doctrine that they exist to uphold:

(note - thanks to Steve Mount at http://www.usconstitution.net/const.html for the Constitutional references):

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. (Ratified 12/15/1791.)

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

First, let me point out the emphasis I maid above on: accused. That means: not guilty of, not yet determined to be guilty of, and only by mere “accusation,” has been brought forth for trial (refer to 5th Amendment post on pretrial punishments). But, Congress HAS instituted laws that directly and blatantly violate the premises upon which the Sixth Amendment rests:

On January 28, 2008, in U.S. v. Winslow, Judge Smith, D. Alaska, found that the government's conditions for the defense's review of the computer hard-drive seized in the case violated the defendant's due process, fair trial and Sixth Amendment rights. As a result, the court ordered the government to provide the defense attorney with a copy of the hard drive, under specified conditions. Is this isolated? No. And, I’ve been trying to avoid ‘specifics,’ to avoid the unnecessary argument as to whether these violations are limited. The fact is, that Oregon has been putting more people in prison, for a violation of the Adam Walsh Act and associated laws, without a trial or hearing, because the Defense Attorneys, even those who are paid, are recommending that their clients automatically say “no contest,” because the Attorneys KNOW, they cannot adequately provide for their client’s defense. You can go to the State of Oregon’s, Public Defender website and read the numerous articles on this FACT, for yourself.

What’s really at the heart of the matter here though, is the violation of the Constitutional Right to confront the witnesses and the evidence. The Oregon D.A.’s office PREVENTS any “accused” individual from confronting their offender, in a court room, for many types of crimes, including sex offense. You cannot force the Courts to have to listen to the possibility that someone is lying, or that the ACCUSORS DON’T EVEN EXIST!! Yes – you cannot even prove that they are NOT REAL!! This has given way to the Oregon D.A.’s office blatantly abusing their power by trying cases solely upon “Circumstantial Evidence.”

In such cases where ONLY circumstantial evidence exists, the idea is to convince the trier of fact (a Judge or Jury), that you are probably MORE guilty, than not. And, in cases of internet pornography, murder, theft, and other such cases, the D.A. will present the so-called “evidence” to the trier of fact to help establish their disgust or anger against you. Do you need to see a picture of a nude child to determine that they are a nude child? Do you need to see the picture of a dead body to determine the individual is actually dead? Isn’t that what evidentiary hearings are for? To prove whether or not the evidence is real?

Here’s the catch. The Sixth Amendment does NOT say you are entitled to ‘competent’ or ‘effective’ counsel. It does not guarantee you protection against attorney’s who just want to take the money and run. Individual States are supposed to do that. And, where the D.A.’s office claims that part of its “mission,” is to preserve the safety of the public, to protect the rights of crime victims and to pursue justice for all citizens with skill, honor and integrity, the question is whether or not, their trying a case against you where you are not provided with effective or adequate counsel, is within the boundaries of “skill, honor and integrity?” I would argue that clearly, it’s not.

But, how do you even get a “fair” trial in front of a so-called, “jury of your peers?” The mere definition is an oxymoron. A Jury of my peers, that represents the peoples’ choice in this matter, is not 13 people sitting on a witness stand. It’s half a million people, it’s the entire nation. In fact, it goes so far as to be: NONE of the above. The truth is, that Jury, without any factual evidence such as “Witnesses to the crime,” are only being presented with evidence. And, in many cases, it is NOT EVEN evidence that a crime occurred! Ah, there lies the rub that makes calamity of so long life….

In Internet crimes, where the content of an individual’s computer contains contraband, the State and Federal laws BOTH, clearly state, that the crime is not in the mere possession of the evidence, in a digital format (as such would violate an individual’s free right to legally copy music they own and would most CERTAINLY violate the 4th Amendment right to be secure in your personal and private belongings), but in the knowing downloading, accessing, storing and use (and distribution in certain instances) of that material. If I show you a hard disk with music on it that I believe the defendant had accessed off the Internet, I did not show you their ‘knowing’ download, just my opinion that it “more likely than not, beyond a ‘reasonable,’ doubt, occurred.” But, what is the reasonable doubt? Who determines what’s reasonable? A Jury of 13 people that don’t know me, anything about my values and morals, anything about my history or life or even what actually happened at the time this supposed ‘download’ occurred? Maybe a jury of technically incompetent individuals who don’t know enough to understand the whole entire “hacking/identity theft” industry? And, that’s where the D.A. comes in…

You see, the D.A. is permitted to be involved in the jury selection process. Why? Is that to ensure fairness to you? Of course not, they want to ensure there’s no bias against them, right? What bias is there – when YOU are the accused, YOU are the one being falsely accused of committing terrible and horrific acts against the welfare of those 13 people judging you. The only purpose the D.A. has, and you can read this on the NATIONAL DISTRICT ATTORNEY’S WEBSITE, under the area of articles, where they list a specific article pertaining to the Jury Selection Process in digital crimes. It specifically states that: “Most jurors have an 8th grade intellect…” it goes on to say that it is imperative that the D.A. see to it that technically savvy individuals NOT be chosen for the jury, because they could identify the holes in the D.A.’s case, where it’s actually impossible to prove an individual was in front of their computer. It also states that: Completely unsavvy people should not be selected either, because their lack of computer knowledge will make it too difficult for you to explain to them that someone is guilty when you can’t actually prove that guilt. Instead, an individual of bare-minimum computer skills must be chosen, as they will be able to only understand that computers contain data, good or bad, but not understand the principals of how you actually “identify WHO” was on the computer and “who” committed the crime.

Okay – unconstitutional?

"....by an impartial jury...."

How much MORE UNCONSTITUTIONAL would you like to make this? What about the TV and media CONSTANTLY blasting horror stories about these types of crimes, creating an ENTIRE SOCIETY that is driven to be pre-determinately against the Defendant? If this is not an absolute violation by the D.A.’s office, ESPECIALLY in Oregon, I don’t know what is:

"….Pursue justice for all citizens with skill, honor and integrity,"

How much MORE against the D.A.’s so-called, “mission,” could this be? In fact – it gets worse. The State of Oregon has had it argued, with the help of the D.A.’s office, to reduce payment for Defense counsel and reduce the amount of financial aid provided by the Oregon Public Defender’s Financial Assistance office, making it virtually impossible for the Defense to adequately mount a case!! Folks – you can go online and read all this for yourself. I, sadly, cannot. As I write this, I do so with a pen and paper, using notes provided for me by my brother, because of some of the very issues that exist in this one, exact violation of the Constitution, and amongst others.

How many more INNOCENT people will have to be released from prison before someone realizes, that the inability to hold the D.A.’s office accountable to their “mission” statement, is perpetuating the violation of our rights?

Has the D.A. upheld the Sixth Amendment to the Constitution?

No, they haven’t. They have abused their authority to help select bias juries, to falsely and wrongly influence them, in the MIDDLE OF A TRIAL, without punishment for doing so, to prevent the Defense from proving his innocence – and for what? The “pursuit of justice?” When is it a pursuit of “justice,” when you blockade the “accused,” from proving their innocence? When is it a “pursuit of justice,” when you present so-called ‘evidence,’ to a legally unknowledgeable jury, falsely making them ‘believe,’ it’s evidence of a crime? When is it justice when you work to make the jury ‘hate’ the defendant, rather than rely upon facts?

When is it the pursuit of justice with SKILL, HONOR and INTEGRITY, when you try people based on the possibility they committed the crime, not the facts? Is this protecting us? Did this actually protect the crime victims’ rights (that is – going after the wrong person and possibly letting the guilty one free to do it again)? Is this supporting the Constitution of the United States, as claimed by the Oregon’s D.A. office?

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The corruption of the Oregon District Attorney’s Office (pt 4)

 

Folks, in the past three articles, I have only presented a “small,” portion of the big picture. I could get into the State laws and Constitutions constantly being violated by the District Attorney’s office, but the truth is, the Constitution is the first and foremost Doctrine to be upheld, with authority over all the others. And, if I were to cover ALL of the areas that the Oregon D.A. violates the Constitution – there wouldn’t be enough time in a year left over to do anything else!! Sure, across this entire nation there are arguments every day about how the Constitution is being cheated. There’s corruption in every State of the Union and every District Attorney’s office. But, I came before today, to only present the facts as they are about this State’s D.A.’s office. I have, for the most part, presented fairly generic issues with specific internet links you can go and find yourself, on topics that would also be as easy for you to find yourselves. The truth is, you have to educate yourself. You have to verify sources of information. You have to know the truth. Why? Ignorance is not bliss – it’s the very essence of shock value that the media uses to hit you in the face with daily. It’s the very force that drives the corruption in this Country.

The question was – or the article as it was addressed – is that the Oregon District Attorney’s Office is engaging in unconstitutional, rights-violating acts that threaten the integrity of this Country. It threatens us when, the people who are supposed to pursue justice, cannot do so based on the Constitution. Otherwise, our Constitution, means nothing. It threatens us when the people who chase down the bad guys, have to lie and cheat to get the bad guys, for two reasons: First, if our justice system has to rely on lying and cheating now, what’s to stop them from continuing in that practice? Second, if the D.A. continues to pursue the innocent, the guilty ones – the REAL bad guys – will continue to walk the streets, threatening the peace, that we have so eagerly sought to ensure through the Constitution:

….establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare…

I worry for those future generations, whose general well-being our Constitution also sought to ensure, when it is already as corrupt as it is now.

The arguments are this: If the D.A. has to do what they have to do, right or wrong, to get the bad guy, should we stop them? Yes, yes we should. The O.J. Simpson case, only one of MILLIONS like it, involved the police, the forensics experts and the District Attorney (the “prosecutor”), lying to incriminate the man. Did he do it? I don’t know. There weren’t ANY witnesses to the crime. What did O.J. have to do to preserve his innocence? He had to spend millions and millions of dollars to afford an attorney.

And, there’s the REAL catch. The rest of us, the ones without money, cannot afford to spend anything. We are given counsel that does not have the time or the resources to assist us, and we are left with the D.A. further limiting our ability to prove our innocence by forcing the evidence to be hidden away, helping to chose a bias jury, and presenting false evidence to help ‘presume,’ our guilt.

I’m not saying that the guilty should go free. I’m asking you to look around. Is crime being contained? Are people actually avoiding crimes? Nope. In fact, as I wrote in a prior article, crime is even more rampant than it is today, with a larger police force and larger judicial group, than it was only 10 years ago!! And, thus, my argument comes full circle:

The D.A.’s, for such a long time, have been putting the innocent behind bars, wasting our taxpayer money to pursue issues that are not theirs to pursue, chasing ghosts and demons that the people left on the streets include the ones who were never chased down. Out Federal and State Constitutions have been violated. Our personal rights have been violated. No one can hold the D.A.’s office accountable for these matters. Most Courtrooms no longer bother with it, leaving the matter for appeal. What’s worse, is in States like Oregon, where the D.A. can be proven, repeatedly, time and time again, to violate their own mission statement and act against the public’s well-being, the Courts are required to find in favor of State’s evidence, where equal evidence exists. That means – they have to err on the side of those who have proven their CONSISTENT violation of the Constitution and law!!??? Is this REALLY what the justice system is all about?

No money to fight your case – you’re screwed. The jails are overwhelmed. The prisons are overwhelmed. The State’s budget for law enforcement and justice just keeps going up and up – exceeding the BILLIONS range, for a state with only 3 million people!!?? So, who do you go to? Who do you turn to? Occasionally, the press will help, but only AFTER you’ve been falsely thrown in jail or prison. Sometimes, the innocence rights groups will step in (except in Oregon where the Innocence project was shut down…..), but also, usually only AFTER the fact. And – even worse than this – WE PAY FOR IT. We put out our hard-earned cash, for the Government to do what? Permit a corrupted District Attorney’s office, state-wide, to hurt us? What about putting the money into the Defense budget, and requiring the D.A.’s office to take a financial hit and begin working under the same pretense the defense attorneys do – because they think it’s the right thing to do!

You think $2k for a criminal case is sufficient? Most “paid” attorneys get around $25+, depending. You think $500 bucks for a misdemeanor is a sure-fire way to guarantee a lawyer’s avid interest in pursuing that case? Try looking through the case files – reading the whole thing – and speaking with the attorneys; I think you’ll be sick and disgusted. What about the $55k starting salary of the prosecutors, and the bonuses they get for trying a certain number of cases and winning? Did I agree to spend my money on that? Most certainly not. In fact, I expected those people, to be higher paid, because they WERE ensuring justice. But, as you can see by these articles, they are doing the opposite. They are in their positions for one reason – to line their pockets. Our Justice System has transformed into a “legal” system, whereby lady justice’s scales tip in favor of those with the most gold. And, he who has the gold – makes the rules. It’s too bad, that it happens to be the grotesquely corrupt.

Perhaps, this wouldn’t be SUCH an issue, if the D.A. didn’t openly state:

The mission of the Oregon District Attorney is to uphold the United States Constitution and the Constitution and laws of the State of Oregon, to preserve the safety of the public, to protect the rights of crime victims and to pursue justice for all citizens with skill, honor and integrity.

That above statement could not be farther from the truth. As the D.A. represents the corrupted DHS/CPS, they help contribute to the rapes, beatings, deaths and abuse of thousands of children every year. As the D.A. does so, they also force more plea bargains, for “no contest,” cases daily, filling up jails and prisons, working to boost the State’s income through fines and penalties, claiming “justice” for their forcing people to give in rather than face a lifetime in prison because the “accused,” doesn’t get cart blanche to lie like the D.A. does and get away with it.

Will it change?

There’s ALWAYS hope…. I just pray that our Governor, Legislatures, Judges and others see this and DEMAND the change now - not after it's too late for those already suffering...

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Who watches the watchmen?

No - not the movie. If you came for that - go home. I'm talking about one of the government's REAL watchmen... one of their most dangerous watchment.... The department of human services - child protective services.

Oh.. but they save us... they help all the poor, abused children.

Sure they do. Kind of like bleach will clean your intenstinal track of any impurities (NOTE - DISCLAIMER - DON'T DRINK BLEACH OR YOU'RE A FRAKING IDIOT WHO NEEDED TO BE WORKED OUT OF THE BREEDING CHAIN ANYWAY BECAUSE IT WILL KILL YOU - This is a METAPHOR - for those of you too STUPID - to know the difference). Sure... bleach cleans out every last poison, toxin and impurity your body has. This includes most of your intestines, your stomach and heck, it will even get rid of YOU! Why? Because it WILL kill you. Not "May" or "Could" - it "Will."

Just like DHS/CPS WILL happen to you. Don't think that you're going to be free much longer. (and by much,  I don't mean minutes... just years... duhh!). You see, they are supposedly the "watchmen," who watch over our children, our future and keep us safe. But, when one agency has the authority of the attorney general, the district attorney, default laws that presume guilt and enforce punishment, the authority to order and control the police, and violate every facet of the Constitution - this begs the question - who watches the watchmen? Perhaps, it's the little known, "Office of the Ombudsman?' Yeah - try putting it to the test to see what happens. But, I've decided in this post, rather than waste my time writing endlessly to a mindless crowd (since no one reads.. heee heeee).... I'll let you see it for yourself:
http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:666600   http://www.dhs.state.or.us/caf/safety_model/faq/comp_safety_assessment.html (see the titled Question:   Can a new case be opened when the only identified safety threat is #16?) http://educate-yourself.org/cn/susandetlefsenupdatesonemilylake20agu05.shtml
 
Would you like to see the full list? It would take approximately 2 days to read all the names - of just the websites validting the ever-growing concern!!
 
And, my case is even worse, because no one will help me. No one will listen, because I'm not a woman, and the suffering hasn't grown severe enough yet to warrant the attention. Media's not interested in the simplified concept of preventative care. Special interest groups don't care about stopping the abuse before it begins - and so - the cycle continues. We are still being crushed and hurt and abused by the watchmen, because no one is watching, only complaining after the fact.
 
I love you my son - always and forever, eternity and beyond - no matter what they do to me - I will always be in your heart!
(written by dd for one who can't)
 
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Child Laundering

 The State of Oregon has been finding ways to force additional Federal Funds than just a recent threat of a Filibuster – Child Laundering

In a recent case with the Department of Human Services involving a child named, "S", a father’s struggle to have his child returned home has turned into a nightmare; but it has also provided him insight to disclose one of Oregon State’s dirty, little secrets. Due to a false allegation made by the State of Oregon and local Law Enforcement in an unrelated matter, DHS took his son and placed him into protective care. There have been no allegations that the father ever hurt or abused his child; nor any evidence presented that he was actually guilty of the crimes alleged by law enforcement, but DHS acted quickly, to ensure that his son, "S" would be, “safe.” That is, they improperly acted months after they began their investigation, leaving "S" with the allegedly, ‘dangerous,’ father, and then in a profit-making scam, abused the ‘Threat of Harm’ clause present in the Oregon laws to legally kidnap his child and give him away, in what is considered a non-abuse-based intervention. They removed a child from his home with the intention of permanently giving him away for profit and didn’t require any evidence of abuse to do so.

The Oregon laws are written to be very obscure for this purpose. There are many parts of the OAR and ORS laws that discuss returning a child to their home, but also returning a child to their parent, as the primary goals of DHS. The difference is that the ‘home,’ would be back with the parent from which they had been taken while the ‘parent,’ could be an absent parent who had abandoned the child years earlier, as was the case with "S", in which the mother abandoned him when he was 1, leaving he and the father alone for many years. These two terms are interchanged freely in the OAR laws without consideration for that distinction. DHS does make one thing clear though: they have now mastered the scheme by which they can legally kidnap for profit. This is not an exaggeration. By using the excuse of a, ‘threat of harm,’ DHS does not have to provide any evidence of a factual nature to a court, only that they believe the threat exists. It is not for a Judge to determine if abuse had occurred, only that DHS has jurisdiction to take a child. In fact, it would appear in many cases that the courts work with DHS to help support the State of Oregon in getting Federal dollars. And, considering Rep. Gordon Smith’s (currently replaced by Jeff Merkley as this article has been updated) recent threat of a filibuster, his failure to assist in these matters makes one fact clear: the State Agencies, starting with the heads of the Oregon Legislature, endorse using children as the shields for their monetary gain. The law, as it applies here is:

419B.506 - Termination upon finding of neglect
The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child or ward for six months prior to the filing of a petition. In determining such failure or neglect, the court shall disregard any incidental or minimal expressions of concern or support and shall consider but is not limited to one or more of the following:
(1) Failure to provide care or pay a reasonable portion of substitute physical care and maintenance if custody is lodged with others.
(2) Failure to maintain regular visitation or other contact with the child or ward that was designed and implemented in a plan to reunite the child or ward with the parent.
(3) Failure to contact or communicate with the child or ward or with the custodian of the child or ward. In making this determination, the court may disregard incidental visitations, communications or contributions.
[1993 c.33 §141; 1997 c.873 §8; 2003 c.396 §86]
(http://www.oregon.gov/DHS/children/abuse/abuse_neglect.shtml - Abandonment is parental behavior showing an intent to permanently give up all rights and claims to a child - just like the 'ex' did in this case, the DHS gave the child, "S", to....)


Also - to TRULY see the problem for yourself: http://www.oregon.gov/DHS/abuse/publications/children/nrccps_report.pdf:

"This report has emphasized that a major problem in the CAF safety intervention system is the continuing confusion apparent in concepts, definitions, procedures and practice concerned with risk of maltreatment and safety threats. The concept of threat of harm as a category of abuse exists as part of that problem and likely perpetuates it. It is likely in Oregon, as in other places, that threat of harm (as a basis for decision making) is open to multiple interpretations, thus the term allows the worker’s decision-making to become less precise and accountable."


The catch in the Oregon Administrative Rules (OAR’s) that supports DHS doing this is the consistent referral to DHS’ first and foremost responsibility to a child being that they return them to “a” parent. By using this very strategically worded phrase, DHS seemingly fulfills the appearance of attempting to act in the best interest of a child and not to separate healthy, strong families. They manage to extend the Federal benefits they will receive by ‘reuniting,’ that child with an absent parent with whom they had not actually been with and could not technically be returned to; an example of this is:

413-010-0180 Basic Rights of Children in SOSCF's Custody. Each child placed in the legal custody of SOSCF has the following rights:

(7) To be provided services which will reunite the child with his or her own family except when there is clear evidence that the family will not protect the child's welfare;

Now, one might believe that the family in question here is the one in which DHS has removed the child from (as per the line regarding a family not being willing to protect the child’s welfare) the only family they have known. Consider the following:

413-040-0005

(5) "Conditions for return" mean a written statement of the specific behaviors, conditions, or circumstances that must exist within a child's home before a child can safely return and remain in the home with an in-home ongoing safety plan.

Would you believe that the only ‘returning,’ that a child who has been kidnapped from their home that can happen is to return them back to the family from which they were taken? Would you believe that the references to changes in that home would refer to the home from which the child had been harmed in which change would need to occur? You would be wrong if you inferred that from this clause; although it appears as if the Oregon Legislature had that intention when they first wrote the law. Here’s the catch:

413-040-0009

Requirements for Conditions for Return

(2) The conditions for return are documented in the case plan and must describe:

(a) The specific behaviors, conditions, or circumstances that must exist to develop an ongoing safety plan that assures a child's safety, as described in OAR 413-015-0450(2)(b)(A)(i) – (iii), in the home of a parent or legal guardian; and

(b) The actions, services, and time requirements of all participants in the ongoing safety plan in the home of a parent or legal guardian

Are these two sections (413-040- 0005/0009) different or do they pertain to any different situation? Sadly, the answer is no. If you look at the above OAR law, you’ll notice the phrase, “a parent.” This means, that an ‘ongoing,’ safety plan for ensuring a child’s safety to be returned to their home – does NOT mean that a child will be returned to their original home. The ongoing safety plan can be for the absent parent to do nothing more than attend classes that teach them how to keep the child safe from the supposedly, dangerous, other parent. And, DHS’ need to be involved to the point it costs them time and labor, ends with the awarding of custody of the child to the absent parent; and, no consideration at all is given for returning the child to the parent from which they had been kidnapped. (And I will digress on the PAS - parental alienation syndrome - issues which have begun to be more recognized in the last 5 years, that the child is being horrifically subjected to...)

What’s especially frightening about this, is that the laws also state that a child’s best interests are to be considered first, and the least amount of intrusiveness is top priority. The laws recognize that there must be some consistency. Unfortunately, the mechanism by which that consistency exists, doesn’t financially support the government, and will therefore, never happen. DHS does not receive federal dollars, nor any incentive for making any effort to reunite a child with the parent(s) from which they had been taken. You can refer to the report by Senator Nancy Schaefer on the findings from her office into the investigations into DHS operating in Georgia, and the Nation as a whole.

No courtroom hearing that allowed for evidence to be presented by both parties, took place. There was no need for the Constitution of the United States of America, in regards to due process and fair representation, to be upheld in a court of law. In the case of "S", the Judge questioned whether or not DHS had met its obligation to attempt to return the child home, and they "said" they did; but no evidence had to be presented in this matter, only their bogus statement that they felt the falsely, accused parent was just unwilling to try. The OAR laws specifically outline rules to the contrary, but without the parent being allowed fair representation or due process, the Judge made a one-sided ruling; going against every last principal of jurisprudence ever established, regarding the right of both parties to present evidence in full for the Judge to make a fair and impartial decision. In the recent Oregon Child Advocacy Project, in an Amicus Curiae Brief, Professor Leslie Harris shows that there is evidence that courtrooms who act presumptuously and do not consider all the evidence, sufficiency of counsel or the best interests of the children are bound to be more harmful to innocent children than good, and are evidence of failures in the legal system to abide by any of the existing laws of fairness and equality for the families.

In the case of "S", DHS circumvented the father’s rights to present evidence, awarding custody to mother from the custodianship they had lied to obtain. They presented mother with adoption paperwork the day the CPS Caseworker, not the permanency worker, gave her custody (which would go against all OAR and ORS standards for permanency plans, temporary shelter plans and other similar solutions in these types of situations). This allowed the mother to apply for full, legal custody within the Juvenile court system. The father will not have any rights in this matter – whether or not the charges against him in the unrelated matter are ever deemed true or not (and thus, whether or not DHS acted upon a false allegation and destroyed an innocent family because of a lie). Why? Because, "S's" new mom - the absend one who abandoned him, will continue to receive additional funds and monies from the federal government, and DHS will get a bonus for assisting. What DHS did, was to take the child away from his safe and healthy home because of a political structure that encourages law enforcement agents and District Attorney’s offices to help create false allegations against families that allow DHS to get involved. It is an intricately laid out scam that starts at the very top of a State’s, political infrastructure (and there is evidence to prove the Office of the Ombudsmen intentionally ignored this matter).

Because these allegations do not involve any forms of abuse, and cannot actually substantiate any threat of abuse other than to often times rely on inappropriate means such as having bogus psychological evaluations performed by low-end, so-called professionals, DHS has to make sure that a child is transferred from their custody as soon as possible. It is child laundering. Their temporary placement for safety pending the results of a criminal trial to determine the facts, are lost when DHS transfers the matter over to the Juvenile Courts, allowing the dependency case to ‘appear,’ to continue in light of any other pending cases while the custody case can go through without having to be set aside. In fact, in the case of "S’s" father, the Judge in the dependency matter asked the District Attorney why they would not wait until after the findings in the criminal case to make rash decisions. The D.A. claimed that they would, most likely continue forth with a civil hearing on the matter following the results of the criminal case; even if the father was proven, not guilty.

Ask yourself this – if the father can prove that the allegations against him are completely untrue, and DHS took his child based on those allegations, why would they bother with an additional trial, and for what? Then, ask yourself this – what purpose would a civil trial between DHS and the father have in the dependency matter if the parent’s rights had already been terminated and the State had given him away to his mother? It helps to know that the D.A. told the Judge, that they would go forth with a civil trial, even if the father was found innocent, after they had begun to work on the Juvenile case to ensure that the mother would have custody. What appears to be taking place in courtrooms across the country, is that the children are getting pushed through the cracks and the cases washed under the carpets, because the D.A. plans to pursue a criminal case that they have concocted and have therefore become quite proficient at doing so, knowing that they can obscure this child-selling, money-making scheme in the background, behind their money-making scheme to imprison innocent people. One system supports another, and it appears to be a well-oiled, giant machine designed around corrupt politics.

This same type of laundering takes place with money. But, children are not objects. They are not money, and this is America – the idea of laundering a child within the legal system for monetary gain is equivalent to a terrorist act, punishable by life imprisonment, or death. That is, unless you’re DHS or the District Attorney. As Rep. Gordon Smith, along with every other member of the Oregon Legislature were notified of this situation, they had an opportunity to respond. However, as the Representatives in Oregon all rallied behind Rep. Smith’s, filibuster threat, they have proven that they will allow any tragedy to occur in order to increase their profit margin. DHS has been exempt from lying in a court and disobeying a Judge’s, direct orders, while in a different court room, a young lady was berated and threatened for not informing the courts, one time, when she moved residences from a temporary shelter into her mother’s home, for charges that are also bogus.

How much do each of these non-abuse cases yield for the State of Oregon? Last year alone, the 5000 – 6000 children taken in a non-abuse situation, turned over about $12 million dollars …. per month. That number is only reflecting the amount made by the absentee parents and foster families and doesn’t even count the amount given to DHS itself. Now we understand how Representatives such as Gordon Smith, are going to guarantee their money; through abusive, criminal and terrorist actions. The State will continue to support trying criminal cases based on entirely circumstantial evidence, knowing that this means that people can lie and there’s a high probability of the innocent sitting in prison, making Oregon ever wealthier for the rich, while crushing the lives of innocent children to help continue to build their money-making empire well into the future.

What man or woman, can cast their vote, knowing that keeping any of the currently elected officials, means that more innocent children, will die suffer? Oregon’s welfare system received an overall grade in 2007 of “D”. This includes internal departments such as the Child Welfare system receiving an overall “D” grade.  Of the 12,000 children that DHS takes, half of them are based, continuously, year after year, upon the Threat of Harm, without any finding of fact. Psychsexual evaluations that do not meet the industry’s standards are abused by clinicians who may hold a Master’s Degree, but not the clinical, psychologists or psychiatric degree required to actually perform a legitimate test, and the courts allow this.

Of course, to some extent, there must be an excuse for the courts. They are overwhelmed, and when a Judge receives only one side of the evidence, and is instructed by the State that they WILL accept this, then they must act accordingly. The Judges rely on the reports they receive from agencies such as DHS and CASA, to the extent that they know these agencies were designed to protect children. And, when half of the cases coming through their courtrooms involve abused children that are battered or raped, the Judges will get to see that some good does exist within DHS. For this reason, they are shielded from getting to know that more than 20% of those battered, raped and murdered children, are also the victims of foster care that resulted from DHS taking a child from a home where they had never been abused and placing them into a dangerous situation. So, in some situations, the Judges must maintain the right to be exempt from the accusations of corrupt, profiteering off of the innocent.

However, the politicians must not be permitted to be exempt. They choose to represent the people, but their representation includes the blatant abuse of approximately 6000 children every year, and has not improved in over ten years’ time. DHS takes approximately 1.5% of Oregon’s children every year (in a state whose population is slightly less than 4 million people total; and only about 20% of those are children under the age of 14!). DHS claims that they are understaffed and underfunded. Rep. Gordon Smith claims that the Federal Government must begin to contribute more to the State of Oregon. The Oregon welfare system, the education system and other programs that involve children look to be cut once again this year because of underfunding. However, when the yearly, federal dollars given for children that are taken for reasons that do NOT include any form of abuse are around $200 million dollars per year, it raises the question over the potential abuse of Federal dollars.

The issue of protecting children from abuse is a very serious one and should not be taken lightly. There should never be any reason to not use tax dollars on both the State and Federal levels to ensure that children who have been subjected to abuse, are given the right to be protected. What we should be concerned with, is an industry such as DHS, whose entire success and future depends on removing children from what they label as ‘dangerous homes.’ If the Oregon, Department of Human Services were to stop taking children that they only ‘believed,’ to be harmed, than they would have their caseloads reduced to only slightly more than half of what they currently handle. This means that their supposedly strapped budget would also be significantly cut. Permanency workers, such as the one on "S’s" case, handle near 30 children at any given time, and must contribute a significant portion of time to each case. It has already been argued that a teacher in a classroom, whose responsibility starts and stops within the hours of school operation, cannot properly handle that many children; how can we expect a caseworker who’s responsible 24/7 to do the same?

The answer is simple: cut the caseload, by changing the priority status of DHS to managing cases of child abuse. Assessments can be done all day long for alleged child abuse, but cases that do not involve child abuse should never be a part of any case management. That would exceed the scope, reasoning and logic for child welfare. It should further be added, that in cases where evidence has not been established as per the law, that not only should DHS not be permitted to intervene, but that temporary shelter assistance, should remain in effect until such time as a child can be returned to their parent either following the establishments of the facts as untrue, or until such time as the parent can be retrained to get their kids back. Giving a child away, whether it’s to a foster family or an absentee parent, violates the principals of custody cases and individual rights. Doing so without any proof of abuse or legally established facts, violates the entire foundation of due process as included within the Constitution. To do so otherwise, would appear as a malicious, egregious attack on the innocent; especially the children. I wouldn’t suppose that our officials in Congress would do such a thing; so then comes the other fear – money. Let us stop selling our children and start protecting our families, shall we? This is, after all – America.

SOURCES:

http://www.law.uoregon.edu/org/child/docs/dhs.pdf

http://www.law.uoregon.edu/org/child/docs/jenkinsbriefexcerpt.pdf

http://www.publications.ojd.state.or.us/A128226.htm

http://www.knightsindirtyarmour.com/ArrestWarrant.html

http://portland.indymedia.org/en/2006/06/341216.shtml

http://www.nkmr.org/english/the_state_is_the_child_abuser.htm

http://portland.indymedia.org/en/2005/06/319814.shtml

http://suncanaa.com/2008

http://www.kids-right.org/shame11.htm

http://www.connecticutdcfwatch.com/8x11.pdf

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