Pathetic & Incredulous

Pathetic & Incredulous

While I was incarcerated at USP Lewisburg, I over-heard a counselor make
a comment to one of her co-workers. That comment still sits w/me today.
She stated with a significant amount of contempt "Look at them...
they are so pathetic!". The "they" were us prisoners.

My judge during my sentencing stated I was incredulous. He further
stated he could not believe I testified in the manner I did and that
b/c I was found guilty the jury must have thought I was lying so he
found I was 'more likely than not' guilty of obstructing justice. This
too stuck w/me. Not the Life sentence he imposed but his words.
I can still hear them. I can still feel them.

PART I

(LOGIC)
My question? Are these statements logical or just merely subjective?
Lets start w/the pathetic comment then move to the incredulous
comment.

B/C this counselor was also an instructor in a Moral Recognition Program
called C.O.D.E. (Challenge Program) & the instructor in my Anger
Management course (yes you are reading this right) I further investigated
her position. What I found was that not only was she convinced we
(prisoners) were pathetic she also thought that prisoners should not be
allowed to fight their cases. Meaning go to the law library and "find loop-holes
in their cases" As she put it.. Being a JHL (Jail House Lawyer) at the time I
was furious at her comments. Pathetic means : arousing pity, sadness or contempt;
miserably or pitifully inadequate. This is how she saw ME.

-The Constitution-
So I asked her 1) Does the Constitution matter- her answer was yes; 2) Does she
agree criminal laws are made, impart, to protect the public and uphold the
Constitution-her answer was yes; 3) Do you believe laws should be made and
enforced unconstitutionally- her answer no; and 4) Does everyone have a right
to be convicted and sentenced in accordance w/the law-her answer was yes.
My last question was what should be done if someone was sentenced
or convicted unconstitutionally? She had no answer.

So on to the next one. I never got a chance to ask my judge anything.
But his logic was that b/c the government brought 8 witnesses who all got time cuts
for testifying, they (the witnesses) were telling the truth on the stand. Even though
no drugs were recovered and no phone or wire taps were done nor was there any other
tangible evidence of controlled buys, pictures...NOTHING; these men who were
already doing time for their own conspiracy would act as a benchmark
for my character and veracity. I will admit I had a laughable defense. Very absurd.
I testified b/c I sold these guys cocaine and not crack I was innocent of
being involved in their crack conspiracy. My lawyer told me this was a GREAT defense!
Only because she believed I was telling the truth. Which I was and she has since been
disbarred...I wonder why?

PART II
(Truth)
Until this day I still do not know if I am pathetic or incredulous. According to
this counselor's or my judge's perception. But per the Constitution and Logic
I know I am neither.

The truth is that the counselor was influenced by her own perceptions about
a situation she was not fully informed of although she was aware of the facts (however,
the ones that did not fit her perspective she disregarded). My judge was dually influenced.
All young black drug dealers sell crack; right.? The jury made of 11 white farmers and a black
guy who probably thought I should go to jail b/c blacks like me made him look bad, have also
been taught the same. A steroeotype.Which is an inaccurate perception, just like this for
example: Black athletes make better running backs and wide receivers than
QB's or Hockey Players or Swimmers or Tennis Players. B/C of perceptions like this,
in my judges mind I was lying... no trying to Obstruct Justice.
The reality was I was not. But who am I,... I am incredulous. I am black. I was 27
when he gave me natural life for a non-violent drug conspiracy.

For everyone who has forgotten the basics, Police enforce the law- whether a law is
right or wrong and Judges are to uphold the Constitution- to determine if a law is right
or wrong. It is not a perfect system but its the best I know in the world. If ran unbiasly.
Under the Constitution a defendant has a structural right to an unbiased impartial judge.
However, I see Judges asking for re-election b/c they routinely deny early release and
support the Fraternal Order of Police; more over they are tough on criminals and give out
harsh sentences. Although this in a nut shell violates the Constitution, insofar it shows
impartiality many judges are re-elected b/c -even though they know the Constitution
forbids their impartiality they use these tactics b/c there is no penalty for them.
And no one cares. Sadly, this is the truth.

-Semblance-
It seems we are more geared toward the semblance of justice than actual justice.
Moreover we have adopted a NEW DEFINITION of Justice. Justice no longer means
balance and fairness it means lock someone up (we do not like) and throw away the key!
Criminals are pathetic b/c they ALLOW themselves to be subjected to either an
unconstitutional application of the law or these illegal draconian sentences? Prisoners are
all incredulous to begin w/ and should not be afforded any chance to correct a conviction
or sentence obtained outside what the law allows. Although w/o this illegality many
would not even be prisoners. Justice demands this!?

On the flip side Police are not incredulous, Police are not pathetic even when they kill
unarmed women, children or BLACK men on camera. Or have a History for over
7 decades of brutally unfair treatment to a select part of the community.

How should I respond when someone is killed on camera and it is found that there was not
enough PROBABLE CAUSE to even indict- PROBABLY b/c he was a black man w/a criminal
history. Or that 40+ shots that killed an unarmed black woman in Ohio was lawful? In this
age a decade in prison for a black man is a break. 30 years to Life is more common.
Justice demands this!?

If the Constitution could speak I know it wld say that today's Legislature is pathetic. That
the American Justice System is incredulous. That this is not what the farmers of the
Constitution imagined... this is what they ran from! That all of these laws infringe on a
select group of peoples civil rights. Especially when 13% of the American population
makes up 85% of prisoners. It is hard to argue that this is mere consequence or
pre-disposition. Not only does this have to stop this is wholly and completely Un-American.

A NEW DEFINITION of Justice is in order! Unless you want to always be perceived as
pathetic and incredulous; HELP ME!

You can get out of prison when you ought to...or when they want you to...it's up to you!

The TAWL Foundation
Eric Van Buren
Post Conviction Strategist and author of
The Art of Winning [e-mail]
[e-mail]
Thetawlfoundat@Twitter
Consultant to AC4L
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