Tuesday, April 11, 2006

a letter from an inmate...


...at the Thurston County Jail.

We got a letter yesterday from bi-polar brother in law. The return address was clear. It was scribbled in pencil but it was clear...

Bill (Last name I won't post)-D-11
T.C.S.O.
2000 Lakeridge Dr.
Olympia, WA. 98502


On the right upper corner of the envelope... a metered stamp... and a note scribbled in pencil.

Indigent

and then in the center, front of the envelope

...our address.

On the back of the envelope there was a "Smiley Face" with the words Have A Nice Day scribbled in pencil above it...

...and this stamped in bold!

"THIS WAS MAILED BY AN INMATE
CONFINED AT THURSTON COUNTY
CORRECTIONS FACILITY. ITS
CONTENTS ARE UNCENSORED."


Inside of the envelope was the letter... I think the first letter I've ever received from bi-polar brother in law.

...the letter which stated the following...

"Dear “J” & “D”,

I thought I’d write you a letter to let you know what’s really going on in Thurston County! The legal system. Because of extremely high case loads the Attorneys, Prosecutors and judges are not following criminal rules and procedures according to Washington State and U. S. constitutional laws.

Right now over 300 cases are scheduled for trial before May, 2006. Since there is no possible way to try these cases within their scheduled time, out of desperation Prosecutors, attorneys and judges are denying defendants their constitutional rights to a fair and speedy trial. Attorneys with the cooperation of judges are continuing these cases for any and all reasons, without the defendants consent or knowledge.

As a result, defendants without having a chance to prove their innocence in a timely manner are losing their jobs, homes and have lost the ability to care for their families. Even though the purpose of the law is to punish criminals, while at the same time allowing citizens to prove their innocence this is not the case in Thurston County.

One of the main reasons for the amount of cases is the fact that anything can be constituted as probable cause. Without proper investigation or information, defendants who have been arrested are held with extremely high bail. Many of them who cannot afford bail are forced to remain in custody because of their financial status. We are prejudiced by a judicial system which discriminates on the basis of social and economic classification.

Another reason for the overcrowding in jails and courtrooms is the Prosecutors are compounding charges exceeding the Crimes allegedly committed. Multiple charges are stacked for the same criminal conduct and are used for ammunition by the Prosecutors for Plea Bargaining.

Although 90% of the defendants have court appointed attorneys which are handling 3 times the Washington State Bar associations recommended guidelines for cases many of the private attorneys who have been practicing for years in Thurston County are going along with these practices and cooperating with the Prosecutors by intimidating their clients into not going to trial, but instead persuading the clients to take a Plea Bargain. Attorneys are allowed to retain large sums of $ for little or no work at all.

The practice of stacking multiple charges and repeatedly continuing cases are forcing the accused to make uninformed decisions out of desperation to agree to Plea agreements instead of going to trial. It is also a common practice for both parties to conference with judges regarding decisions before relaying all of the facts to the defendant. Although it is quite apparent, several honest Attorneys and officers of the court have confirmed this information.

Another unscrupulous method used to prevent cases from going to trial is the withholding of discovery. This leaves the client in the dark about facts concerning their cases. Most public and private defenders in these cases refuse to keep in contact with their clients and rarely prepare cases to go to trial. In hopes of attaining a Plea Bargain all these factors contribute to Clients accepting Plea Bargains regardless of guilt. Sentencing guidelines are misrepresented and judges commonly impose sentences outside of the Standard Range of Charges Plead to them. The judge refuses to allow defendant to withdraw their plea even if the sentence was a lot more than the Prosecutor and client agreed to.

Judges also do not allow defendants to appear Pro Se to enable the County to remain in complete control of Proceedings. These are just a few of the court abuses of discretion. We are having our rights injured and abused.

Recently a great deal of attention has been drawn to Thurston County and it still continues making its own Rules of justice. This Problem needs to be brought to the attention of the Federal Government.

The Feds need to take over here!

I am also including my 1 Doctor Visit Bill. I guess it’s not too bad for getting nothing done about my feet and medical problems.

Well I’ll call you or
Or talk to you soon,

Love Bill

P.S. I am in here because of being ignorant.
All this because of a liar.
Liar Liar go to hell too!

I should of learned the first time
"

A simple letter...

...raises questions, makes people wonder...

what exactly is going on!

And, what's the hardest part about all of this is that "The Wife" and I know what happened this time and in the past with his wife. Most of which she admitted to us herself.

Yet we can't get anyone to pay any attention to us.

...assigned defense attorney just wants him to "cop a plea"

...prosecution just wants him to "bargain"

...judge just wants him to "appear and submit!"

and all of this to occur before 5:00 p.m.

Sick justice!

Too much power, too few empowered, too little justice, no balance.

Go figure.

Sunday, April 09, 2006

we visited and inmate in the Thurston County jail...

...yesterday.

But before I go into a little bit of that discussion I think I should offer some insight regarding my own personal history so you’ll understand I’m not simply an ill advised, overly compassionate, finger pointing government basher.

I’ve been a public servant for over 35 years. The last 31 of those years have been in the law enforcement profession.

I’ve processed well in excess of one thousand crime scenes and have investigated well in excess of one thousand criminal offense allegations. I’ve investigated alleged criminal acts including theft, robbery, assault, rape, homicide, burglary, arson, weapons violations, drug violations, kidnapping and more.

As a result of some of these investigations I’ve assisted and am continuing to assist in putting hundreds of criminals in jail or prison… where they belong.

Also, as a result of some of these investigations I’ve assisted and am continuing to assist in keeping hundreds of innocent citizens out of prison or jail… sending them back to their homes where they belong.

I've served on the stand as an expert witness many times. I'm known as being thorough, professional, honest and fair.

But, I'm certainly not perfect... never will be and wouldn't want to be!

My job is a simple job. I investigate… put the puzzles together… to determine (at the very least):

1- What happened?
2- Was the incident a result of a criminal act or omission?
3- If so, who is responsible for this act’s or omission’s occurrence?

I collect the facts, information and evidence available through scene processing, interviews, search warrants, etc. to make these determinations. Interviews involve discussions with witnesses, victims, other police officers and the person who is allegedly responsible... provided that person wishes to chat with me.

In short I insist that the facts, information and evidence leads me to a person responsible, if appropriate. I do not determine a person to be responsible for the act or omission then put the puzzle together around that person… there’s no room for that type of detective work… investigation… in law enforcement.

That’s the way I investigate, that’s the way I teach… mentor and that’s the way I expect those who work with me to put their assigned puzzles together as well.

I shudder at the thought of putting an innocent person in jail or prison for a crime they didn't commit. I have always shuddered at that thought.

Also, do not think for a minute that I am fond of bi-polar brother in law... I'm not. He's caused "the wife" and I worlds of grief over the years. He's not my favorite person at all... not even near... but I can't hate him.

...I certainly don't think he deserves this and I will continue to stand by him. There are mitigating factors involved.

So, with that in mind I’d like to share some of my bi-polar brother in law’s Saturday discussion with “the wife” and I.

As many of you know bi-polar brother in law is in the Thurston County Jail in Olympia, Washington. He's being held there on a combined $20,000.00 bail for two misdemeanor offenses... otherwise known as "low level" offenses that, in reality he never committed.


...but, no one will listen to him. No one will hear his story. No one in any position of authority that is.

His "Defense Attorney"... assigned to him from the county's OFFICE OF ASSIGNED COUNSEL. This assigned "Defense Attorney", Deborah Murphy evidently doesn't see any need to hear bi-polar brother in law out... doesn't see a need to listen to what he claims actually happened.

At least, she doesn't see the need yet... who knows, maybe she'll surprise us all.

Before we go on it's somewhat imperative that you understand our "system" out here in Washington State. The accused indigents... those without proper income or funds are assigned a "county appointed" attorney who are there to provide for the accused's defense. These attorneys are, for the most part very eager to settle the case. With exceptions, they're normally not the sharpest knife in the drawer. They either have little ambition or experience, make a relatively moderate salary (not the hourly fees of $100.00 or more like those of their private counterparts) and... quite frankly just don't appear to be all that inerested in doing their job... well.

It is my experience and subsequently my opinion that most public defenders are too lazy or too inept to adequately and effectively perform, let alone complete their jobs... defending the indigent.

Around here, money buys justice... simple as that! And quite often money buys the travesty of justice... It seems to be the attorney's way.

She tried to get him to "cop a plea" and accept an offered “bargain” to one of the two charges against him... malicious mischief, 4th degree… a misdemeanor offense that is “punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.” The malicious mischief charge included alleged damage to a dresser drawer valued at less than $50.00.

I have every reason to believe Ms. Deborah Murphy… his county assigned defense attorney will encourage and suggest that bi-polar brother in law plead guilty to the second allegation… Assault in the fourth degree… a gross misdemeanor.

A gross misdemeanor is punishable “by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

My primary question is "why is my bi-polar brother in law being held on bail that is four to twenty times in excess of the amount imposed by statute for the level of each offense?"

Of course, this question continues to go unanswered.

The Thurston County Detective assigned to gather all of the facts, information and evidence relating to these alleged criminal acts hasn't seen a need to discuss the case with the alleged perpetrator, bi-polar brother in law. Rather, the detective has charged him based upon information provided by the alleged "victim"... bi-polar brother in law's wife and on statements obtained from her daughter and her son in law… both who were not present when the incident occurred.

Bi-polar brother in law's wife has failed to appear in court on April 07th. and 12th. regarding events associated with these allegations and, according to the detective on April 07, she has not returned any of his (the detective's) calls in his attempt to obtain more information.

As a career investigator myself, I'd be ensuring his wife would be talking to me if this were my investigation. If she refused to talk to me then I'd be searching for answers as to why she's refusing. One of my most productive tools I use in my investigations is obtaining multiple statements from all parties involved. I compare each of those statements with the previous ones to determine accuracy, reliability, etc... noting discrepancies and searching for the truth.

It's painfully obvious that this has not happened here. And in light of bi-polar brother in law's criminal history... theft, drugs... he'll probably end up doing a year or so of county jail time for two offenses he actually didn't commit. Until he married this particular wife he's never had any "violent" charges levied against him.

His parole officer has already told him she wouldn't be violating his parole... she believes he did not commit these offenses. Of course, she did talk to him... she did talk to "the wife", his sister. She did talk to his wife, Hilliary and made an educated, informed decision.

It's so painfully obvious that his wife set him up again... big time!

So much for an unbiased, informed, complete and professional investigation supported by all of the facts, information and evidence relevant and available. It's obvious that this type of an investigation... a thorough, complete, unbiased, honest investigation simply will not occur.

This type of an investigation is simply outside of the scope and capabilities of the Thurston County Sheriff's Department.

...especially if he already has a prior criminal history.

And his feet will continue to go unattended... gangrene, diabetes and all.

Saturday, April 08, 2006

one thing nice...

...about having to travel throughout the state is the scenery.

When I leave Olympia I usually take the major interstate freeway, I-5 to my "jump-off" point for all points east, west, north or south of home.

That means I leave bi-polar brother in law, his truck, his van (all shown in the picture... left) and his troubles behind for a bit. "The Wife" and I talk on our cell phones regularly while I'm gone so, in essence I'm not abandoning her with all of the challenges associated with him.

Besides, he's still in the county jail awaiting "trial" and he's being taken care of so we have a bit of a break from him and his "illnesses". He goes to trial on the 19th of this month but I'll be damned surprised if he's actually tried.

Anyway, as I travel over the Cascade Mountains towards eastern Washington the scenery changes dramatically.

The huge blocks of conifer forests consisting of Douglas Fir, Hemlock, Western Red Cedar, Spruce, Pine and mixed deciduous trees coupled with the canopied brushes give way to Larch, Ponderosa Pine, Ash, Aspen and Cottonwoods growing on grass and sage covered hillsides.

The United State's Pacific Northwest region... particularly Washington and Oregon are a bit unique in their contrasting "sides". Draw a line north/south down the crest of the Cascade Mountain range... anything to the left of this line is the west half... anything to the right of this line is the east half. Hence Western and Eastern Washington. The Cascade Mountains provide a "rain shadow" effect for the western half... causing the storms blowing onshore from the Pacific Ocean to dump much of their moisture onto the western forests before passing over to the more arid east side.

In short, the western half of Washington State is known as the wet side of the state. The weather is wetter but the temperatures are far more moderate.

Eastern Washington gets the hot, arid summers and the cold, bitter, dry and snowy winters much like Colorado, Idaho, Nevada and Montana. In essence, from one extreme to the other...

So, why am I telling you this? Well, because Eastern Washington has colder, drier winters and longer, hotter, drier summers.

The wildland fires that get started over there tend to get much larger, much faster and are very, very dangerous. Eastern Washington accounts for the bulk of the huge, destructive wildland fires in this state each year.

...and that's why I travel so much in this job.

Although these "bigger" fires occur primarily in the late spring through early fall there's still a lot of work that needs to be done on many of them well into and through the following winter.

Information needs to be gathered, confirmed. Evidence needs to be analyzed, new "leads" need to be corroborated or eliminated...

...follow-up work has to be completed.

It's my job to oversee this process... the entire investigation process from the investigator's initial call out through the investigation to it's eventual culmination. I ensure any follow up investigations that need to occur, in fact do occur. If they don't, for whatever reason... or if there's questions I have relating to the investigation I hit the road and poke around as well.

...it's a pretty simple job...

...that takes me down some pretty interesting back country roads.

Yeah... I love this job, this state. The puzzles of the job are challenging, provoking, enlightening and the scenery is fantastic.

When the moment begins too dull... the puzzle nears it's end... the scenery starts to bore all I have to do is wait a bit... it'll change... it always has.

I really have no idea why I posted this piece aside from the fact that I woke up too early this morning and simply felt the urge.

There I go, bragging up the state again!

Damn... gotta quit drinking coffee so late at night.

...oh yeah, and wear clothes when you fry bacon... damaging effects if you don't!

...damaging.

Thursday, April 06, 2006

it's been awhile...

...since I've posted. I've been busy. I've been working. I've been gone... away. Picking up pieces... solving puzzles from last summer.

This week's Monday morning I was in Olympia, in a meeting discussing several wildland fires that had occurred throughout the state last year. I asked why several of them have not yet been resolved.

A simple question. Simple questions usually get simple answers.

There were no simple answers... in fact there were no answers at all.

Monday afternoon I packed my bags and drove for 6 hours to a remote area in the North Central Cascade Mountains... on the eastern slope, the more arid side of the state. The area where Ponderosa Pine forests and small prickly pear cactus coexist with rattlesnakes, scorpions, mule deer and big horn sheep.

I left the wet, green, moderate Puget Sound area and traveled east.

As I drove past the Nisqually River tide flats I wondered. I wondered why certain people didn't follow through with their work and complete their tasks at hand... those tasks they were paid to complete... paid very well to complete over four months prior.

I'm known as being a fair, calm, understanding and professional individual. I'll work with anyone to get the job done... and preferably done right the first time. But I'm short on patience with people who "milk" systems, who have the ability, knowledge and tools to do things right yet don't have the desire or don't see the need to complete... positively complete their tasks at hand.

That definitely irks my ass.

To top that off, my messages left on cell phones and voice mails went unanswered. They're basically out of sight, out of mind... far removed from the flag pole. That's the mindset... the mentality I'm dealing with here.

They wouldn't expect me to "show up" in their work area without prior notice... which is exactly why I showed up in their work area without prior notice.

The three wildland fires I went over to review cost the taxpayers of the state of Washington in excess of $6,000,000.00 (USD) to suppress.

Two of the three fire's causes were negligent and the people or entities responsible for causing these particular fires need to be held accountable for their acts or omissions.

The third... very suspicious.

Thousands of acres were burned, standing forests... decimated. Delicate ecosystems reduced to ash...

Home's, cabins, barns, outbuildings... gone. Pets, wildlife, habitat... gone.

Careless, mindless, negligent... criminal.

I don't like doing things this way but sometimes things have to be done this way. Sometimes people need to be reminded... up close and personal that they have tasks to complete in a timely manner... properly and professionally.

So, I'm back...