Showing posts with label IndefiniteDetention. Show all posts
Showing posts with label IndefiniteDetention. Show all posts

Monday, June 30, 2014

Indefinite Detention Without Crimes

How do you feel about people in the USA being detained based on police suppositions that they have a high likelihood for future crimes? INDEFINITE DETENTION WITHOUT CRIMES, CRIMINAL CHARGES, OR DEFENSE IN ARIZONA ~It all begins with the mentally ill. Arizona is the latest to begin using pre-crime models to supposedly thwart attacks by those who are “near the breaking point.”

The video embedded below highlights how mental health police units look to harvest everything from medical records to gun purchases to online posts. Citing the crimes of Jared Loughner and Elliot Rodger, these units are being given the green light with new legislation to involuntarily detain those who are flagged. The video is at YouTube url http://youtu.be/NjT4Q16s5kQ



As long as police use this power only to detain people in mental distress, it has the potential to benefit persons experiencing mental health crises as well as their families and communities. People who have mental illnesses are usually denied treatment. Stringent restrictions ordinarily prevent families from involuntarily committing their members who need psychiatric treatment. In fact, mental hospitals have closed or downsized throughout the country to the point that inpatient treatment is nearly impossible even for voluntary commitments. Since Medicaid insurance was withdrawn for psychiatric inpatients in the 1970s, taxpayers have paid billions of dollars each year to warehouse mentally challenged people in the nation's jails and prisons rather than using much less money to improve community care and make hospitalization available for short-term and long-term psychiatric treatment.

Prison profiteering is spreading throughout America like an airborne disease. Care must be given to avoid civil and human rights abuses under this new law. Psychological research studies have proved repeatedly that police perceive black youths as being perspective criminals. In the absence of stringent oversight, police powers to detain people who are not suspected of any crime whatsoever could be misused against minority populations and poor people.

Consider what happened to a police officer in New York when he reported corruption in the New York Police Department. This could also happen in other places to other people: "NYPD Officer Sent To Psych Ward By Superiors After Reporting Corruption" 
http://gawker.com/5892115/nypd-officer-sent-to-psych-ward-by-superiors-after-reporting-corruption

According to the news video above, people who are detained under this law in Arizona are taken for psychological evaluations and not to jails or prisons where 1.25 million mentally ill Americans wrongly endure incarceration as criminals. At no point should people be jailed in the absence of a crime. Pre-crime arrests are immoral and illegal according to the U.S. Constitution and Human Rights Law.

Reference: TheDailySheeple.com
http://www.thedailysheeple.com/pre-crime-police-target-mental-health_062014
*******
Mary Neal, Director
Human Rights for Prisoners March<
http://HumanRightsforPrisonersMarch.blogspot.com
Email address:
MaryLovesJustice@gmail.com
Assistance to the Incarcerated Mentally Ill ("AIMI")
http://www.care2.com/c2c/group/aimi
AIMI's broadcast on Blogtalkradio, 9pm PDT on Wednesdays
http://www.blogtalkradio.com/nnia1
Website about my brother: Wrongful Death of Larry Neal
http://WrongfulDeathofLarryNeal.com/main.html
Follow our "Dog Justice for Mentally Ill" blog
http://DogJusticeforMentallyIll.blogspot.com

It would be illegal to keep a dog in a tight space 23 hours a day and gas or Taser him for barking. It would be illegal to put a dog in deadly restraint for control. This happens to mentally ill Americans routinely in the nation's jails and prisons. What happened to Larry Neal?


Mentally Ill Americans Need Dog Justice. Treat mental illness medically, not legally. Please advocate for your congresspersons to pass H.R.3717 - The "Helping Families in Mental Health Crisis Act." Try to elect people who support human rights and justice for all.

Friday, May 2, 2014

Indefinite Detention for Black Mental Patients

Two black men were denied a speedy trial in Mississippi for seven and eight years because they are African Americans with brain issues who lack wealth - the triple whammy. They are lucky to be alive, unlike many black mental patients who were killed during arrest attempts.


"Marktain Kilpatrick Simmons, 43 (pictured above), and Lee Vernel Knight, 47, both have mental issues and have been waiting years for a their day in court. Both Simmons and Knight are being held at the Hinds County Detention Center." This injustice was reported by "Your Black World" in an article at the link below
http://www.yourblackworld.net/2014/04/uncategorized/two-mississippi-inmates-are-still-awaiting-trial-after-7-and-8-years-breakingbrown-com/

Laws protecting citizens' rights don't necessarily apply to African Americans or the mentally ill of any race. Lengthy imprisonment with trials denied is a common practice in the USA, regardless of the "speedy trial" constitutional guarantee. Terrell Scott, a Pennsylvania mental patient, was imprisoned for 4.5 years with trial denied. He would undoubtedly still be incarcerated today if he had not finally agreed to make a false confession and accept a plea deal. Shannon Nyamodi, 20, has been incarcerated for nearly two years on false charges in North Carolina - most of the time in solitary confinement to torture him into making a false confession. Nyamodi is not mentally ill, but like mental patients, children are often intimidated into making false confessions. Nyamodi was arrested shortly after his 18th birthday, possibly to protect the real robber and shooter in his case, who is reportedly a white youth.
See "Maitri Klinkosum Blocks Shannon Nyamodi's Trial"
http://freespeakblog.blogspot.com/2014/03/maitri-klinkosum-blocks-nyamodi-trial.html

Americans are innocent until PROVED guilty in courts of law. There is obviously something wrong with the prosecutors' cases against the Mississippi men held indefinitely without trials, which is why trial is denied for them like it was for Terrell Scott. He was made a white woman's sex slave at the age of 17, then imprisoned on her false allegations when he left her and reported her neglect and abuse of her young children. Scott's child endangerment report was investigated, found credible, and Crystal's children were removed from her custody. Months later, Crystal retaliated by making a false criminal report against Scott, and justice officials gladly made a media event of Scott's arrest during an election year. Terrell Scott's real "crime was miscegenation (race mixing).

Many mentally ill Americans of all races either plea bargain or are tried and found guilty of crimes every year, then join 1.25 million other mentally ill people imprisoned in this country. The mentally ill should not be brutalized or killed while incarcerated in America's prisons and jails, either. But brutality and deaths are common among mentally ill people before and after incarceration. Three examples are below:

1) Terrell Scott endured brutal imprisonment for nearly five years while denied a trial. He lost his eyesight in one eye, hearing in one ear, and his jaw bone is misaligned from beatings by inmates. His front teeth were knocked out, and he was imprisoned in solitary confinement after his suicide attempt, which followed his rape and brutality that exposed him to HIV. Upon his release from prison, a reign of terror started against Scott's family. Because Scott finally confessed to having molested Crystal's children after he saw he would never be allowed to defend himself against the false charges in a trial, Pennsylvania decided to remove Scott's 10-year-old brother from his home to "protect" him from Scott. The family is currently fighting in family court for the right to remain an intact family. Can't the State realize it already has its pound of flesh? Terrell lived for four years with a white woman, but at this point, he's paid enough for his miscegenation.

2)  James Embry, Kentucky State Penn Inmate STARVES to death ~ "James Kenneth Embry, 57 and with just three years left on a nine-year sentence for drug offenses, began to spiral out of control in the spring of 2013 after he stopped taking anti-anxiety medication. Seven months later, in December, after weeks of erratic behavior — from telling prison staff he felt anxious and paranoid to banging his head on his cell door — Embry eventually refused most of his meals. By the time of his death in January of this year, he had shed more than 30 pounds on his 6-foot frame and died weighing just 138 pounds, according to documents reviewed by the AP."
http://news.yahoo.com/ap-exclusive-kentucky-inmate-starves-death-160028075.html

3) Larry Neal was a mentally ill heart patient who was secretly arrested in mid-July 2003 and detained until his death on August 1, 2003. Neither Shelby County Jail nor the United States Department of Justice release records and information to explain this kidnapping and murder. Prior to Larry’s final incarceration, whenever he was arrested on public nuisance charges and other misdemeanors related to his handicap, the police would contact his social worker or family and Larry would be released into their care. Given the long history Larry had with Memphis Police, it is impossible for Larry’s family to believe that Shelby County Jail did not know that Larry was under arrest during the nearly three weeks that his family agonized over his whereabouts. The police repeatedly denied having Larry in custody but did nothing to help search for the mentally ill heart patient precisely because police knew that no search was necessary. Fingerprinting for accurate identification is a routine part of arrest procedures. Yet, Larry’s family was allowed to spend weeks looking for Larry while he suffered and died in jail. One would assume that police became weary of their enforced role as caretaker to this man who would stand and sing loud on street corners, bother pedestrians for handouts, eat in grocery stores without paying first, etc., and decided to rid themselves of a "nuisance." His murder remains a national cover-up that the media will not report and the government will not address. See "Wrongful Death of Larry Neal" http://Wrongfuldeathoflarryneal.com

In addition to Sixth Amendment rights being set aside for mental ill Americans, so are other due process of law provisions. Mentally ill people's murders behind bars should be reported immediately to their families, unlike the family of Jerome Murdough, who was baked to death in Riker's Island prison. A reporter from Associated Press informed his family weeks after his death when he sought an interview. Neither Murdough's lawyer nor prison or state officials had informed his survivors of his demise. Cover-ups are common to hide murders and brutal treatment of mentally ill Americans under incarceration. See
APNEWSBREAK: NYC INMATE 'BAKED TO DEATH' IN CELL
http://bigstory.ap.org/article/apnewsbreak-nyc-inmate-baked-death-cell

Politicians who continually usurp funding for psychiatric treatment in order to keep the mentally ill revolving in and out of prisons and jails should not be reelected. Please see other stories about abuses of civil and human rights of America's mentally ill people in the index at Dog Justice blog on the right margin at http://DogJusticeforMentallyIll.blogspot.com

The Sixth Amendment right to a speedy trial should apply to every defendant and not be denied to persons based on race and health status. Laws against kidnapping and murder should not be set aside in cases of mentally ill victims. As Martin Luther King, Jr. said, "All we say to America is, 'Be true to what you said on paper.'" That has forever been a problem, especially regarding people of color.

Hear voices in support of H.R.3717 "Helping Families in Mental Health Crisis Act" that were recorded at "Assistance to the Incarcerated Mentally Ill" Blogtalkradio show on February 12 and at
http://www.blogtalkradio.com/nnia1/2014/02/13/assistance-to-the-incarcerated-mentally-ill

JAIL IS THE LAST THING THAT MENTAL PATIENTS NEED, AND TOO OFTEN, IT IS THE VERY LAST THING THEY EXPERIENCE. Please join our effort to decriminalize mental illness. No one deserves to be punished for having a disability.

Assistance to the Incarcerated Mentally Ill. Mary Neal, director.
http://www.care2.com/c2c/group/aimi

It would be illegal to keep a dog in a tight space 23 hours a day and gas or Taser him for barking. It would be illegal to put a dog into a deadly restraint chair for control. But this happens to mentally ill Americans routinely in the nation's jails and prisons. What happened to Larry Neal? He was a black disabled man, and his wrongful death in police custody is covered-up rather than treated with due process of law because crisis intervention training started in Memphis, Tennessee, where Larry Neal was kidnapped and murdered in 2003. This proves that crisis intervention teams (CIT) alone will NOT prevent brutality and deaths, neither will CIT prevent people with serious mental illness from going into crisis and being arrested. ONLY treatment can help reduce the great number of mentally ill people and drug addicts revolving in and out of America's prisons and jails. Treatment is needed for persons with acute mental illness whether or not they agree to treatment. Assisted outpatient treatment (AOT) programs provide for mentally disabled people's subsistence assistance (food, housing) and mandate continuous mental health care.

Dog Justice for Mentally Ill
http://dogjusticeformentallyill.blogspot.com
Wrongful Death of Larry Neal
http://WrongfulDeathofLarryNeal.com
Mentally Ill Americans Need Dog Justice. Treat mental illness medically, not legally. Advocate for U.S. Congress to pass H.R.3717 - Helping Families in Mental Health Crisis Act

Tuesday, January 28, 2014

Sixth Amendment Nullified for Terrell Scott

The following information and documents were provided by the family of Scott Terrell, a mentally ill inmate in Pennsylvania. Plea deals are often used to deny trials to innocent Americans, particularly defendants who cannot afford a good defense and defendants who paid for a good lawyer but wound up with a prison investor.

Holly Alston, a battered wife with multiple sclerosis, watched helplessly from her bed the night her former husband evicted her eldest son, Terrell Scott. Scott had dared to ask his stepfather to stop abusing his mother. When Holly was strong enough to end her disastrous marriage, she started paying regular visits to her son. After living homeless for several months, Terrell had been taken in by Crystal, a Caucasian woman supposedly in her 40s. He lived with her and her five children for the next four years, after agreeing to have sex with Crystal, take care of her house and children, work and give Crystal his paycheck. At age 17, Terrell Scott, a shy, mentally ill youth, had become Crystal's sex slave. When Scott's mother was able to rescue her son from Crystal's home, he refused to abandon the children that he had spent four years trying to protect. But at Crystal's word, the State of Pennsylvania has put Scott through more torture than Scott saved Crystal's children from experiencing. Holly Alston shared the post below on a social network:


Terrell Scott saved Crystal's five children from negligence, abuse, and possibly death, like Crystal's child who perished mysteriously before Scott met the family. He reported the children's endangered status to Child Protective Services in Pennsylvania. The baby was infected from wearing re-used disposable diapers. The children risked food poisoning from being fed rice with bugs crawling through. Two girls, ages 10 and 12, were used as prostitutes whenever Chrystal's money ran low. Scott's allegations were investigated and found to be true. All five children were removed from Crystal's care. The enraged mother retaliated against Scott by falsely alleging to police that Scott had sexually molested the children he had actually saved.

A white woman's lies have more strength in America than a black man's denials, even if he has a clean criminal background and honest lifestyle, no matter how disreputable the white woman is. Scott was arrested on Crystal's false allegations during an election year, and he was crucified in the press, which helped justice officials' careers. Because Pennsylvania has absolutely no proof for the criminal charges against Scott, he has been imprisoned nearly five years without a trial. The conspiracy to hold Scott indefinitely without trial involves a devious defense attorney, a prosecutor and a judge - the deadly trio.

How do officers of the court keep an innocent American imprisoned without trial for nearly five years? It is apparently done in part by tricking the mentally ill man into signing a waiver to speedy trial, then lying on court records. Phil Lauer, pictured, is Scott's defense attorney. This man, who Scott's family paid $10,000 for Scott's defense, induced Scott to sign a waiver to speedy trial when he was initially arrested. According to Scott's family, the lawyer ignored Scott and worked against his interests, but the attorney will not accept being fired, and neither will the court accept the devious attorney's termination. Until Holly Alston appeared as a guest on "Assistance to the Incarcerated Mentally Ill" radio shows at Blogtalkradio, Scott's attorney allegedly ignored Scott for 4.5 years and only visited his client twice since signing contract to defend him. However, after Scott's indefinite detention without trial became public, the defense attorney visited Scott numerous times, offering him a plea deal to forego trial - a trial that was wrongly withheld because the state has no case. In fact, the State did not even have an arrest warrant for Scott.
Phil Lauer - 701 Washington Street, Easton, PA 18042 phil@lauerlaw.net
Phone: (610) 258-5329 Fax: 610-258-0155

Last week, Phil Lauer again induced the mentally ill youth to sign something without approval by Scott's mother, who has his power of attorney. Scott told his mom, "They're never going to give me a trial, Mom, but Mr. Lauer said if I would only sign the papers, I could get out of jail." So once again, Scott has signed something. Scott, who was declared to be incompetent to stand trial every time a trial date was available for his case, was nevertheless found to be competent to sign a plea deal whereon he wrote, "I DON'T UNDERSTAND THIS. I AM MENTALLY ILL."

Below is a pdf of Terrell Scott's Court Docket, pages 20-21, that indicate Attorney Lauer asking for a continuance when Scott could have had a court date. The prosecutor lied and said Scott was unavailable for trial because he was in a mental hospital when the case should have gone to trial, although he was not. Scott was in prison.  The problem is that Scott refused to sign a plea deal and misrepresent himself. He refused to compromise on his innocence and chose to await a day in court - a day that never came.
http://www.scribd.com/doc/194905163/TerrellScottDocket-p20-21


Scott did not understand what he was doing when he signed the waiver produced by his attorney years ago, and he has asked for a trial repeatedly since. He tells his mother, "I'm innocent, Mom. I want to go to court and prove it." But Scott may never have a trial. The torture he has endured since incarceration makes him an expensive risk should he be allowed to prove his innocence at this late date. Scott has been beaten so violently during his wrongful imprisonment that he is deaf in one ear and blind in one eye. He was exposed to HIV when he had to clean blood and urine of his cell's floor without latex gloves or any other protection whenever his cellmate's colostomy bag overfilled. He has been confined in solitary confinement and refused the simple comfort of a human voice and touch. Scott has been tortured, taunted, lied to, spat upon with HIV-infected saliva, and threatened that he will NEVER exit prison if he does not sign a plea deal and lie on himself.

The injustices Scott has suffered since saving five children from negligence and abuse have been so horrendous that deception, threats, and lies on public records are used to prevent Scott from going to trial to defend himself against Crystal's false allegations - lies which Crystal already apologized to Scott's brother for telling police in order to retaliate against Scott after the state rescued her children were from her custody.

See below the "Application for Continuance and Waiver of Rule 600 - Right to a Speedy Trial," which everybody signed except Terrell Scott.



Should mentally ill people be imprisoned indefinitely and refused the opportunity to defend themselves against false allegations? It is easy to deny justice to innocent mentally ill people. All prison investors need to do is claim they are incompetent to stand trial unless they agree to sign a plea deal. The moment innocent mentally ill people agree to sign a plea deal that relieves the prosecution of proving criminal charges in court, then PRESTO, they are are declared competent! See an excerpt from a June 2012 article by Riley Yates, of The Morning Call:

Under the state's Mental Health Procedures Act, the prosecution of incompetent defendants must be stayed "so long as such incapacity persists." But many defendants can gain competency with treatment or training, even if that takes months or years at an institution.

Scott's lawyer, Philip Lauer, said his client isn't getting better, despite many efforts. Lauer wants Judge Leonard Zito to order Scott to be released from Northampton County Prison and sent to a secure facility for persistent mental illness, such as Wernersville State Hospital in Berks County.

"Nothing good can be happening to Terrell when he is sitting in county prison, and there are facilities where he could be treated," Lauer said.

Assistant District Attorney Patricia Broscius acknowledged jail isn't where Scott needs to be, but said the many mental health evaluations he's undergone say he could one day become competent. She suggested that Scott should go to the state forensic hospital at Norristown, where defendants in criminal cases are often sent to see if they can gain competency.

Phil Lauer finally got his 20-page plea deal signed. Terrell and his family are not quite sure what the mentally ill young man was induced to sign. As Terrell wrote on the document, "I'm mentally ill. I don't understand this." Whatever deals Lauer and D.A. Broscius made after nearly five years of torturous imprisonment of an innocent mentally ill black man will be revealed January 31, 2014, when Terrell Scott will be sentenced for his crime: Being black and mentally ill in America.

The Terrell Scott case demonstrates what is worst about America's criminal justice system:
~ Arrest a black mentally ill youth without an arrest warrant, on the word of a disreputable white woman
~ Accuse him of vile crimes without any intention of defending the allegations in court
~ Trick the mentally ill man into signing away his right to a speedy trial
~ Hold him indefinitely under oppressive, torturous prison conditions, including beatings and HIV exposure
~ Tell him he will NEVER get out of prison unless he agrees to a plea deal that requires him to lie
~ Falsify court records about the inmate's whereabouts and competency until the plea deal is signed

Pennsylvania has been proved guilty of some horrible crimes against humanity in recent years, such as the "Kids for Cash" scandal by juvenile court justices and the Penn State debacle, a pedophilia sex ring. The Terrell Scott case is one of Pennsylvania's worst but certainly not the first example of the state's penchant for taking unfair advantage of people who are young and helpless. It is especially shameful is that five years of trauma happened to Terrell Scott while he was denied help from NAMI, ACLU, the NAACP, or any other civil rights/human rights organization to which his family turned for assistance. But being the sister of a black mentally ill heart patient who was murdered under secret arrest (a police kidnapping) and denied accountability in these United States of America for ten years, I am not surprised. Denial of due process of law to the mentally ill is usual and ordinary in a country that treats such people like they are "useless eaters" (see "Wrongful Death of Larry Neal").

The main problem is that Crystal Hodgkins is an elderly Caucasian woman who made Terrell Scott, a homeless teenager, her live-in sex toy in a country that is so racially prejudice that an entire community of black people were bombed and their property stolen simply because a black man touched a white woman when their elevator lurched. See an eight-video documentary about the Tulsa, Oklahoma riot of 1921 at YouTube (the url is below). A man wrote to me on a social network and implied that Terrell Scott deserved to be raped, beaten, deprived of hearing in one ear and blinded in one eye, spat upon by an HIV cellmate in his open eye, and held indefinitely without trial because he had lived with a white woman.

Holly Alston filed a Petition for Emergency Writ of Mandamus with the court, objecting to her son's plea deal that requires Terrell to pay $25,000 in fines and spend 20 years on the sex offender list - written by his own attorney, Lauer. To require Terrell, who is now blind in one eye, partially deaf, and severely traumatized from being raped, beaten, and isolated in prison, to pay $25,000 in fines is a set-up to arrest him in the future. Furthermore, Terrell would again be homeless. Holly Alston has a ten-year-old son and lives very close to schools, so Terrell would be violating probation to live with his family. Terrell Scott needs and deserves an opportunity to clear his name, as provided in the Sixth Amendment of the Constitution of the United States of America.




See articles and hear radio interviews with Holly Alston and Terrell Scott's brothers at these urls:

January 28, 2014 Update on Terrell Scott Case by Holly Alston
http://www.blogtalkradio.com/nnia1/2014/01/29/enslavement-and-genocide-of-africans-and-indigenous

Terrell Scott - Teen Sex Slave Wrongly Arrested in PA
http://dogjusticeformentallyill.blogspot.com/2013/11/teen-sex-slave-wrongly-arrested-in-pa.html

Terrell Scott and Shannon Nyamodi: Forcing a Plea
http://dogjusticeformentallyill.blogspot.com/2013/12/terrell-scott-and-shannon-nyamodi.html

Indefinite Detention for Race Mixing


Facebook Support for Terrell Scott - Colorlines


Prisoner Named Terrell Scott Needs Assistance from the Public
http://www.phillyimc.org/en/prisoner-named-terrell-scott-needs-assistance-public

Black Wall Street - The Tulsa Race Riot - 1/8
http://youtu.be/QYPVZw1S2Zs

MaryLovesJustice Neal
Director of Assistance to the Incarcerated Mentally Ill
MaryLovesJustice@gmail.com
678.531.0262

THE SIXTH AMENDMENT TO THE U.S. CONSTITUTION

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.

The Mentally Ill Deserve Dog Justice