22 October 2010

Who will stand up for justice & righteousness? This Report elucidates the problems of the Public Defender Office in Calcasieu Parish’s 14th JDC outlines similar problems in the 4th JDC and no doubt in many more, statewide.

As we await justice being served, it is strange that in the Winn Parish instance & the Ouachita instance, federal cases are predominantly in the mix.  Ware in 4th JDC is utilizing the federal system to his delaying advantage.  Nugent in 8thJDC has effectively nuance himself into an advantgeous position with Taser International’s Attorney Glass.   However, again; the LAWD US Atty Stephanie Finley is in a position in both cases to act decisively in the truer interest of Justice.   Whatever, these outcomes may be, at some point justice advocates will speak, publicly & vociferously about these matters.   The civil rights in the 4th JDC are being violated.  It is no doubt, criminal Civil Rights violations took place in death of Pikes (Collins). But it always is so that, the system has to be pushed in to doing what it should as a matter of course.

http://www.wxvt.com/Global/story.asp?S=13368598

Testimony begins in trial of officer accused of Tasing a handcuffed inmate to death

Associated Press – October 21, 2010 10:24 PM ET

WINNFIELD, La. (AP) – In afternoon testimony at the manslaughter trial of a former Winnfield Police officer accused of shocking a handcuffed prisoner to death, prosecutors played a recording of the officer’s statement given to state police investigators.

In Scott Nugent’s statement, he says he warned 21-year-old Baron Pikes Jr. repeatedly before he actually used his Taser. Prosecutors say Pikes was shocked nine times in 14 minutes, nine seconds. The defense says Pikes was shocked eight times with a voltage that was not enough to kill Pikes.

Nugent says Pikes did not talk of pain or complain about any condition until he suddenly told the officers he had taken illegal drugs and had asthma. An autopsy later found no trace of drugs in Pikes’ system.

Nugent says his police training indicated that shocking with a Taser was the proper response to a prisoner who wouldn’t comply with orders. Earlier prosecutors said Pikes used what was described as “passive resistance,” refusing to get off the ground and into the police car, and later to get out of the car. District Attorney Chris Nevils says Nugent would then stun Pikes using a technique called “drive stun,” in which the probes from the Taser are not discharged, but the gun instead is pressed against the person “to drive someone somewhere.”

Copyright 2010 The Associated Press. All rights reserved.

Who can make a difference

21 October 2010

An indictment on the efficacy of Judicial Process in Louisiana.

Well, the Conclusion to this journal of events involving the jurisprudence of the Indigent Defense system, the federal system, the state and its efficacy in the case of Lee is just about to turn a corner, so to speak.  Where really is Benjamin B. Ware?  Why has the Western District yet to sentence him? In the interest of Justice, will justice be served?  When the Defender Office is using “place holder defenders” as it did with Attorney Oliveaux is this judicial process in its most efficient state?

The federal offender Benjamin Ware was scheduled to be sentenced October 4, 2010.  No record of sentencing is on the Western District’s site for Press Releases.  However, the prosecution is attempting to get the state defendants to roll-over on one another.

Ben Ware used the boys, he manipulated and catapulted them into some thing they had no idea, about. Yet continually, the government has allowed this assailant to “frustrate justice” at the expense of the unlearned.

In the matter of Why Lee Must Be Freed?! The federal client is scheduled to appear on 7Sept in Western District.  The state defendant Lee is scheduled to appear in state court Sept 8, 2010.

31 August 2010
It is without doubt, the ramifications of the judicial process which is causing the delay in Winnfield’s Taser trial.  An attorney with Taser International is a counsel of record in the criminal case.  There is a federal civil case ongoing, also.  It is peculiarly so, much so; that the state has had to intervene in the discovery of the federal civil suit.
Enemies of the State!

17August 2010
InJusticide

It has become increasingly evident, that the real enemies of the state are those who are supposed to be the protectors of the ideals and doctrines that make our society a cohesed unit.  But in fact, when the state in its many forms orchestrate’s upheaval and discord on every level as a “general order” standing in all facets of governance.  In the legislative sectors – both nationally & state, are consistently debating issues of division and derision.

It has come to the attention of activist, in some locales and possibly in others across the country that gang-related retributions & retaliations have been orchestrated by law-enforcement themselves.

*–* In no way does Commonwealth condone illegal acts of any kind, perpetrated  on any of the World’s Citizens. Whether it is robbery, murder, burglary, mayhem or any other crime against an individual as in assault of any kind, and of any age or gender.*_*

When locally, law-enforcement, situates there reports in such a manner that retaliations against “criminal-partner’s” families are accomplished and no public service is given to the “perpertrators of crime” families; a further decrease in confidence in the state is evolved; steadily.  When, state legislatures, commit to surveil the justice system and does not; it becomes an enemy to the state.  Because, it will not do its job, the legislature of a state in effect, becomes an enemy of the state.  When Attorney’s Generals cease to clarify actions on issues involving the security of a state’s citizenry, it becomes an enemy of the state.

When police officers kill citizenry and local jurisdictions settle with families for any sum, let lone a mere 150k; and no criminal action is taken; especially so when the federal arm of justice, the state arm of justice & any other arm of justice: delay, forego, refuse to litigate & thusly inform the public of it’s legal intent; they themselves become enemies of the state.  Why?  Because the methods applied cause mistrust & distrust to increase.   And then, who do the masses apply to for assistance in their plight?  Fear ensues.  Death leads to death.

20 July 2010::Preparing to post “Enemies of the State”; a strong message exposing the powers that be, at work, right in the open; & in your face.

18 June 2010June 2010 Effective Assistance of Counsel 15th JDC Report

| Amended Lake Charles [State] Complaint
This is Why. The entire system needs to be shutdown. Every one is “smoked over” by the oil on the gulf. Louisiana especially, with efforts on to call an Article 5 US Constitutional Convention; which is conservative backlash against the POTUS.   Lee’s next court date is on 19 July 2010.  If the defender system is in such “near collapse”, an intervening apparatus should be put in effect ending all proceedings and releasing all defendants, presently awaiting trial.  It is a fact, that as in the La.15th IDO this defendant had “a place holder” defender.  Motions were not filed expeditiously and on several occasions he [the public defender] was not in court, when he should have been.

About Janell Monae: This artist begins the current generation’s push for change in the system.  The theme of her music is, the ruling class subjugating the masses. The “ArchAndroid” seeks the “freedom” of the underclass.  Set, to the 1927 silent film “Metropolis” a refrain declares “. ..‘your freedom is in a bind’.


16June2010 –So ultra-‘Melancholy’. 7.0 in Indonesia with 6.4 aftershock; oil on the Gulf. Change is relative. Judicial Process still heaving as lightning strikes ‘horizon-containment vessel’-began oil burn! Intervention Needed!!

4 March 2010-A new attorney has been placed on Lee’s case.  A new court date of March 22nd has been scheduled.  The last time Lee was in court, was March 1st.  Federal charges against a co-defendant has be-labored the states prosecution.  The victim in the armed robbery identified the federal defendant as the shooter in the incident.  A witness, and surveillance video identify the two individuals, that entered the store.  Lee is not identified as entering the store.

9 Nov 2009 – A preliminary examination was re-scheduled for 4 Jan 2010. The prosecutor was recovering from giving birth. The detective was involved in an accident that required hospitalization. Lee turned 20-yoa in OCC in late October.

Where do we go from here?! -Email- – relative to intervening on the present system. Someone has to make the sacrifice on behalf of the speechless.  This is Louisiana.

The lawsuit that changed it all-REOPENED in 19thJDC
3rd official admits guilt
By JOE GYAN JR.
Advocate staff writer
Published: Nov 3, 2009
The longtime chief investigator for the local Public Defender’s Office admitted Monday to bribing a senior city prosecutor and other court officials to fix criminal and traffic cases in City Court and state District Court in Baton Rouge. Public Defense statewide should go on alert.  Especially so, since Jean Faria has admitted state public defense is still under-funded.  *Since, the La. AG is the de-facto defense attorney for state agencies, intervention is necessitated in the federal level.

3Nov2009-Several Court appearances have been docketed for Lee, since the 2Aug post. On August 19th from the OCC @ 9am via closed circuit.  On October 12th @ 9am, which was put-off to November 9th.  The attorney-of-record, a public defender, was in 4th District Court in Morehouse. In late October Lee was re-booked on a battery charge.  *Whatever the outcome of the original charges, now additional charges must be dealt with.

Ramifications?
Lee was attacked the last week of July by an inmate who has been incarcerated since January 2008, according to the inmate’s affadavit of pc. As of then, Lee had spoke with the court-appointed attorney only once- July 8th.

At the end of last week, Assistant District Attorney Mike Ruddick, who keeps up with the numbers, said pretrial detainees numbered 541. Of that number, only 51 inmates had been there for 11 months or more. Of that number, 36 are awaiting trials while the remainder have been found incompetent to proceed and are awaiting open beds at East Feliciana Forensic facility at Jackson.

4thJDC2Aug09
Lee is held currently in Ouachita Correctional Center, near Monroe, Louisiana.

A Public Defender has been assigned to Lee. However, as of today’s date June 16th 2009, that person assigned to assist Lee in his defense, has not talked with Lee. This is the norm! It was the norm in 2001 and it is the norm in 2009. Since the alledged reforms of the indigent defense apparatus in Louisiana; still, defendants wait. Lee’s next court date is 1 July 2009.  “What avenues must be pursued to access justice. Is it justice in play, when such a scenario as this can occur at this day and time. Still there must be a ‘revamping of the judicial process’ in Louisiana & America. How is ‘justice prevailing’ in a system such as this?” We shall see who will step in.

Will Lee receive ADEQUATE ASSISTANCE OF COUNSEL in the Criminal Justice System? Was there a set-up involved, seeing that the forty-two year-old suspect is attempting to lessen his penalty? Federal agents have questioned 19 year-old Lee!

Media intensity?-Why?

Media intensity?-Why?

Lee was apprehended on the morning of May 8, 2009 with two individuals at a convenience store on US 165 South/MLK,Jr. Blvd in South Monroe. The affadavit of pc concerning Lee declares to the police, that he knew nothing of what the other two men with him had in mind.

Lee was the driver of the vehicle. The affadavit of probable cause cites video surveillance of the two suspects in the store. That video does not include Lee.

Was Lee a victim of circumstance? Did Lee drive away from the scene in fear of his life? Lee states under Miranda his not taking part in the robbery.

Lee, did not conspire with the other two men to commit armed robbery or any other crime. Lee went to S. Monroe to go clubbing. The nightclub FACES is directly across the four lane from the convenience store.

Will Lee be afforded – equal protection under the law – in the Indigent Defense System of Louisiana. Oh yes, the look on Lee’s face? The camera was hounding for his mug. Why?

Lee may be guilty of something, but it is not armed robbery -use of a firearm; or criminal conspiracy. And that’s final.
********************************************
News Story update June 23, 2009 | By Matthew Hamilton • mhamilton@monroe.gannett.com • May 14, 2009
********************************************
A Bastrop man charged with the armed robbery of a Shell gas station last week is a suspect in a string of armed robberies from Louisiana to the Arkansas line.

Maj. Don Bartley said Monroe police charged 43-year-old Benjamin B. Ware on Wednesday with the armed robbery of the Circle K convenience store at 1407 Sterlington Road. Bartley said a man came into the store May 5 with his face covered with a towel and brandished a black pistol. He demanded money and took an undetermined amount of cash.

The robbery victim later identified Ware in a photo lineup, and a search of Ware’s house revealed clothing identical to the suspect’s clothes in the store’s video surveillance, Bartley said.

Ware was already booked into the Ouachita Correctional Center in connection with an armed robbery that occurred at a Shell gas station near Wossman on Friday. He was charged with attempted first-degree murder, possession of a firearm by a convicted felon, armed robbery and criminal conspiracy to commit armed robbery when he was taken into custody.

Two other suspects were charged in the Friday robbery.

Ware may face still more charges as police departments in Bastrop and Crossett, Ark. investigate his involvement in other robberies.
Capt. Curtis Stephenson with the Bastrop police confirmed Ware is a person of interest in two armed robberies and a failed armed robbery that occurred last week.

On May 6, an armed robber struck the Check Into Cash payday loan center on 933 E Madison Ave., in Bastrop. On the same day, an armed robber took an undetermined amount of money from the EZ Mart convenience store on 1231 N. Washington St., Bastrop.

The day before, a gunman walked into the Shoe Show store at 2031 E. Madison Ave., Bastrop, but the store clerk left before the gunman could demand money, according to Stephenson.

He said the spate of robberies was unprecedented during his time with Bastrop police.

“We’ve never had anything like that happen here in that short a period of time,” Stephenson said.
Crossett Police Investigator Shelbi Hughes said Ware is the lead suspect in an armed robbery in the southern Arkansas town.
Hughes said an armed robber took money from the Factory Connection around 5:42 p.m. on May 7.
She said she soon expects to charge Ware with the armed robbery.
“We still have to do a few more things, but that’s where we’re headed,” Hughes said.

****************MORE*****MORE**************
May 8, 2009
Three from Bastrop arrested in connection with armed robbery at Wossman Shell
By Johnny Gunter
jgunter@thenewsstar.com
********************************************
Three Bastrop residents were arrested in connection with an armed robbery early Friday morning.

One of them is accused of attempted first-degree murder after the convenience store attendant was shot in the leg because he couldn’t open the store’s safe.

Benjamin B. Ware, 43, was booked into Ouachita Correctional Center on charges of attempted first-degree murder, possession of a firearm by a convicted felon, armed robbery and criminal conspiracy to commit armed robbery.

Two others arrested for armed robbery and criminal conspiracy are Lee A. XXXXXXX, 19, and XXXXXXX E. XXXXXXXXX, 22. No bond had been set Friday.

Police received a call at 3:45 a.m. from the Wossman Shell convenience store at 1601 U.S. 165 South and a witness provided a description of the suspects and the pickup truck they were using that had temporary tags.

Maj. Don Bartley said the vehicle was stopped on U.S. 165 North headed toward Bastrop at the Brookshire’s grocery store where the three were apprehended. “Two guns and the money were recovered and other items tying them to the robbery,” Bartley said.

Bartley said the victim was carried to St. Francis Medical Center “where he appeared to be OK.” The victim’s name was not released.

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