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The road less travelled; my path with Glenn

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Hello all....
Some time ago, Glenn and I were having a discussion on the new and unique ways the federal government is trying to create revenue and incarcerate more citizens by making virtually everything a crime. He recomended a book regarding this, Three Felonies A Day: How The Feds Target The Innocent, by Harvey Silverglate. I havent yet picked it up, but the idea and how he discussed it, intrigued me. I wondered if I to was a criminal, technically, and I wanted to write on how I was a federal criminal according to the federal code. I wanted to write on how the law can be worded so ANYTHING can be a crime, and situations may occur where one must break one law to keep another. I looked through the code, and found I was really unable to understand most of it; therefore I had no idea what was legal and what was not, and a blog post about my incomprehension would be just incomprehensible to you, my dear readers. It did occur to me that the very legalese the code is written in is designed to confuse and obscure, not to enlighten and prevent illegal acts from happening due to ignorance of the law. Finally however, from Reason Magazine comes a tale which nicely illustrates this (and even though its at a state level, the point is there regardless).


The Minesotta supreme court has ruled that, in sentencing for convictions related to drug offenses, the weight of the carrier becomes the weight of the entire drug. Seems a woman had bong water; in that water was a tiny concentration of methamphetamine. The woman was sentenced for the entire weight of the mass of water...a hell of a lot of meth. And a hell of a long jail term, seven years.

That got me thinking. Studies show that US dollar bills have trace amounts of cocaine and other drugs. Each US dollar bill of any denomination weighs about a gram. In my wallet are about 10 bills. So, by the Minesotta courts logic, I should be jailed for possessing 10 grams of cocaine, and 10 grams of whatever else may be hitch-hiking on the backs of those images of George Washington, Abe Lincoln, and Hamilton.

I feel much better now. Im a felon. And so are all of you. Technically.

Sincerely,
meesekite

Reason Magazine article here:
http://reason.com/blog/2009/10/28/seven-years-for-bong-water
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Hello to all.
Wow, a year since Ive posted. My apologies to all, Ive just not known what to say. Glenn has been in his government imposed hell, my life has been proceeding merrily along; interesting things in the news have come and gone and I thought of blogging about what I read but it never happened.  

But now Glenn's case has made the United States Supreme Court, and I just CANT ignore that. Glenn's whole case has been a comedy of errors, a Kaufka-esque parody, and it seems that every bizzare thing that CAN happened related to Glenn, seems to have happened. So why not the USSC?

Ive been reading all the BDSM blogs, and refraining from commenting...it is well known how and where I stand on this issue: Glenn is innocent of wrong and always has been, he would no more force or coerce anyone than the sun would rise in the North. I know its futile to answer every harsh derogatory comment; people just assume I am ignorant where I am not and that they have more information than I do, and people who distrust the government on other issues suddenly become convinced of its benevolence and integrity when its the justice department. Witnesses NEVER lie; juries NEVER are biased and return unfair verdicts so says the same crowd who rails against governmental abuse in so many other arenas.

Articles state the USSC will examine the dark world of BDSM, or some such nonsense, and the fear is what effects will this have upon the BDSM community. At the USSC level: NONE.

The ORIGINAL conviction had a devastating effect on BDSM, as now, any disgruntled subbie can lie and say "he made me do horrid things" and vanilla juries who DONT understand BDSM will agree she was forced as THEY dont get why anyone would want to be whipped, etc, and then it becomes a federal crime.

The USSC, however is NOT examining BDSM, it is answering a specific point of law, namely, Glenn's overturned conviction based upon the Ex Post Facto issue.

To recap, Ex Post Facto means before the fact; Glenn was convicted of doing wrong PRIOR to the advent of the law. Thats clearly unconstititional. However, as Glenn's original attourney did NOT mention this at the trial or before, its examined under the "plain error" standard: the highest to satisfy.

The second circuit overturned the conviction; OTHER circuits have held that if the plain error would have made no difference, the conviction, even as ex post facto one, should be allowed to stand. Now, Glenn was convicted of two offenses (neither of which he actually did). The GOVT has admitted the jury may have been able to convict Glenn on the sex trafficking charge based on what occured PRIOR to the laws enactment; that conviction therefore should be tossed for a retrial. However, the OTHER conviction, for Forced Labor, the GOVT alleges that Glenns acts were EXACTLY the same before and after the enactment of the law, so THAT conviction should be allowed to stand.

As I said, this issue has been decided differently in the various judicial circuits, and the USSC is therefore responding to the issue of plain error in relation to Ex Post Facto issues. It is NOT diving into the steamy and sultry BDSM lifestyle; those  nine (actually eight) somber judges are NOT gonna be discussing kinky sex. Granted though, they will be READING about it as both Glenn's and the governments lawyers petitions have the history of the case.

Judge Sonia Sotomeyer IS recusing herself from this case as she ruled in Glenn's second circuit appeal: she filed a seperate note stating essentially how she would have wished to convict him if she could have (at least to my read of the thing).

Thats all for now, and really, I will try not to let another year go by before my next post.

Sincerely,
meesekite
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Hi all…

I admit it. I am addicted to the Second Circuit Blog, and the Second Circuits opinion’s page. I find the cases I randomly view to be quite fascinating, and the second circuit blog is equally entertaining. I read points of law, and I either become vicariously pleased or irate on the behalf of strangers whom I will never meet.

    One such case is United States v Falso, and it in a few ways was reminiscent of Glenn Marcus’s situation.  There was certainly no relation in the sum and substance of the proceedings, but I saw relevance to Glenn’s case in regards to the ruling and the thoughts that led to it.
      It should be clear to all and sundry by now that in NO WAY do I support or condone any child pornography or harm to children; consent has always been of utmost importance to me and to Glenn. What bothers me here is the thinking behind the verdict that was reached.

     Mr. Falso was convicted for child pornography. In his appeal he challenged the search warrant, saying that there was not probable cause to execute the search that the agents did. The Second Circuit panel (well, two of three judges) agreed with Mr Falso that there was not probable cause to have executed the warrant. It seemed that the warrant said things like “he probably had…” and “may have…”  accessed a child porn website, and it also based its validity on an old conviction stemming from 18 years prior, of abuse of a seven year child. The panel felt that none of these things were good enough for true and actual probable cause.

     However, the conviction was allowed to stand, and that is because a differently aligned majority of the panel (two of three judges) felt that there was GOOD FAITH in the execution of the warrant and in the warrant. That means that the FBI felt sincerely and truly that they would find evidence of illegal acts. And so that made it OK. Apparently, as the FBI felt the cause was good enough, well, it seems that it was good enough for the Second circuit as well. 

     That to me has MAJOR implications for freedom and liberty in this nation. A warrant can be flawed, fatally, but so long as the executors of said warrant had GOOD FAITH, its illegal fruits can be spread on the buffet table of justice, and jurors can eat of them to their hearts delight. Those who wish to abuse power or position now can binge on the precedent set here that allows the circumvention of the fourth amendment.

     I see no fairness in this; if a warrant is flawed, what it found should be suppressed, no matter what intentions those serving it had. There were some “good faith” issues in Glenn’s case as well. Do recall that he was charged and acquitted of obscenity. As I recall, the government used the GOOD FAITH defense as well when parts of the warrant were brought into question. And Glenn’s case as well went in a spiral of unfairness and duplicity: the FBI felt Glenn’s site could be obscene, and so the Magistrate (who didn’t view the images herself) took them at their word that the site was obscene. And since the Magistrate said it was OK, it became legal/ OK for the FBI to feel and act on the presumption that Glenn’s site was obscene.

      (Also there was an issue of PRIOR RESTRAINT in Glenn’s case; the GOVERNMENT shut down slavespace based on the presumption that it was obscene; as it turned out, slavespace was NOT obscene, and Glenn was in essence punished (by having the site pulled his free speech was suppressed ) for something that was legally protected under first amendment freedoms.

     Good faith? I don’t see it. Its good for the government, I guess, as they now have a mechanism to make faulty warrants usable and legal. But it actually shows bad faith in upholding the principles of liberty and justice stated in the fourth amendment of the Bill of Rights…the right to be free from illegal searches and siezures, one of the fundamental principles we as a free nation live by.

     

With true good faith until the next time,

Meesekite

 

Reference:

1. Good Faith Efforts. Retrieved from the Second Circuit’s blog at http://circuit2.blogspot.com/2008/09/good-faith-efforts.html

2. United States v. Falso. Retrieved from: http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTI3MjEtY3Jfb3BuLnBkZg==/06-2721-cr_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irl25f0/13/hilite

The Fourth Amendment: 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.
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     Hello all....
     I had not seen Glenn in some time, so was happily awaiting my Friday visit. He didn’t want people coming during the height of the summers heat, as heat does make him dreadfully uncomfortable and even quite sick. So he had gone without visits for quite some time. Id spoken to him on the phone, but a limited and monitored phone call is not the same at all as being in the same room, able to speak with relative freedom….if not privacy. Or comfort. So I was eager, and Glenn was angry when we got there.
    Of course this anger was truly not directed at me, his mother or at Rona, but Glenn Marcus was one angry man when I saw him on Friday. It’s the situation. It’s not knowing whether he will make or be granted bail, if there will be new charges, or if the second circuit will hear this case en banc. It’s the potential of an even worse outcome than what exists already; in theory, IF the second circuit sits en banc and IF they agree to change their own precedent, then Glenn may actually be facing MORE than the nine years he currently faces. That’s because if all that happens, the forced labor charge will be re-sentenced, and IF he is found guilty of sex trafficking again, well, he may get far more than nine years; recall, the statute itself calls for thirty years. So this visit saw Glenn justifiably irritable, and understandably irascible.
     And I didn’t know what to say, knowing there was nothing I could say or do that would make it better. I feel so helpless during these times, so powerless. It is so hard to sit and watch a good friend…no, more than a good friend, there are no words in English for how I feel about Glenn...its so hard to watch him suffer and be utterly unable to alleviate the pain. This man has done so much for me; thanks to him I live life in joy and know joy, but I can’t help him now.
      He was also sick with a cold, adding insult to injury. His stuffiness was obvious; his wracking congested coughs made me try to listen to his lungs in the guise of being affectionate. OK, I confess, I enjoyed touching him also. I believe he may have been feverish as well; he was soaked in sweat.
     Glenn, one of the freest souls I know, is visibly chaffed under the capricious fetters and whims of his captors. I continue to find wry irony that the government is pretty much doing the same thing to him that they accuse him of doing to others. Certainly in Glenn’s case it is non consensual.
     He has told some stories, not necessarily of his experiences. The rules which govern prison life seem to be randomly enforced depending upon the mood of the enforcer. And some officers find fault and blame in acts which are neither banned nor wrong at all, but become problematic due to the bad mood of that individual officer. It’s VERY easy to get in trouble in these situations. In hopes of avoiding much of this, Glenn tries to stay in his barracks as much as he can, and avoid interactions at all cost. To speak is to endanger oneself; showing sincerity is to risk attack from those who have long since forgotten what honesty and authenticity are like, and so view them when they are offered with unease and distrust. 
     And I cant say I entirely blame the CO’s, or even the inmates for this mindset. To my shame, some of my own interactions with inmates in the correctional setting had a similar outlook. I expected to be conned, and that expectation led to my suspicion, which did show in my interactions. In fairness, though, COs are often in danger and they are often targets of inmate wrath. But that attitude of viewing all inmates as equal troublemakers is one reason why prison is so BAD for those incarcerated; they almost in self defense become what they are considered.
     Glenn can not help being anything but sincere, authentic, and honest. That is who and what he is, and he always has been. Yes, he can be brazen; yes he can be perceived by some as arrogant. Neither trait, however, is illegal. The prison system seeks to wear down those with character, personalities, and rough edges into a bland smooth mass of conformity which obeys unquestioningly. That is not Glenn, and it never will be him.
     However, as people are becoming aware of what the government is doing to Glenn and that it apparently is “playing for keeps”, some people who know the truth of Glenn’s innocence have come forward with offers to help. It gratifies me tremendously that from my blog they were able to get in contact with me and offer their aid to Glenn. My blog was for my own reconstruction and healing; that it has helped Glenn in this manner is truly felicitous. So, anyone reading who wishes to help, and who CAN help, PLEASE contact me. O Chain Me@aol.com.  
      That’s it for now…but please follow the YouTube link to Ms. Streisand’s “Don’t Rain On My Parade”. The lyrics, I feel, are quite fitting in this situation.
 
Sincerely,
Meesekite
http://www.youtube.com/watch?v=JAVlk4F2qkw
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Hello, all....
     The world indeed seems turned on its head. America, a nation who at its core believes in a peoples right to be free, has decided NOT to recognize the people of South Ossetia who had the very same desires that the colonists had so long ago. Russia, who has come to represent the antithesis of freedom and has fought AGAINST its former republics quests for liberty, is recognizing the fledgling state of South Ossetia. Freedom, it seems, only applies to nations who do as we say and came to be in a manner we approve.
     The same could be said for those living an alternate life style. Certainly the polygamists of Texas had that lesson painfully demonstrated; and absolutely Glenn Marcus is a victim of that mindset; a man who lived his freedoms “incorrectly”.
     It seems that the legal powers in the USA are determined to harbor and secrete Glenn in a prison facility, his papers confiscated, threatened with dire punishments should he refuse to labor or heed the command of his captors. Claiming to be against what Glenn was convicted of, Glenn’s life is now one of forced labor. And, though to the best of my knowledge this has not occurred with Glenn, plenty of inmates, especially female inmates, fall prey to what would fit the definition of sex trafficking as well.
    I have very good reason to believe that the government wants the Second Circuit to re hear this, en banc. Putting that together with the commentary on the Second Circuit Court blog and a legal analysis on John Wirenius’s blog, what I THINK is going on is that the government wants the entire Second Circuit…all nine judges…to sit and hear this case. I think they want that because two of the justices that heard Glenn’s appeal said they only ruled this way because of prior court precedent on Ex Post Facto cases; the Second Circuit blog stated that for the court to go against its own rulings and use a different standard to guide its judgments, all nine justices have to be in agreement.
       From Googling “en banc” I was able to find that it occurs when: “(1) when consideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance.” (Techlawjournal.com, as quoted from the federal rules of civil procedure). I don’t know, of course, whether Glenn’s case fits either of the above criteria. Certainly if they wish to rule on Glenn’s case using a different standard, it may comply with Number 1, above…but I’m not a lawyer.
     So it looks like Glenn will be in limbo for a bit longer. It looks as though the Government doesn’t intend to appeal to the USSC, but it does want and hope that all nine judges (or does it only require a majority? I don’t know) will feel that a different standard can be used. IF the en banc happens, and is successful for the government, it seems like the Forced Labor will be affirmed and a new trial will be granted for only the Sex Trafficking. But DO remember that I am NOT A LAWYER so all of this can be quite wrong. If a lawyer DOES read this, and I am in error through ignorance, PLEASE let me know (email me: O Chain Me@aol.com).
    The government is desperate to keep Glenn in forced servitude to preserve all of our freedoms. Consensual kinky sex is demonized and prosecuted at a staggering cost to the US taxpayer (this trial and resultant appeals must have cost millions) while children go hungry because parents cant afford to feed them. Russia is acting to support liberty; the USA seeks to deny it. In the name of protecting freedoms, Glenn remains jailed, and S Ossetia remains as a thrall to Georgia. War may be fought to protect the peace.  Will up next become down? Will the sun rise in the north? Whatever happens, I will keep you all informed, and that’s a fact you can banc on.
Ahem.
Sincerely,
Meesekite
References:
1.Sex Post Facto. (Aug., 2008) Second Circuit Blog. Retrieved from http://circuit2.blogspot.com/2008/08/sex-post-facto.html
2. En Banc. (nd). Retrieved from techlawjournal at http://www.techlawjournal.com/glossary/legal/enbanc.htm
3: Wirenius, J. (Aug, 2008). Marcus- dodging the bullet, for now. Retrieved from John Wirenius’s live journal blog at http://jwirenius.livejournal.com/133732.html
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Hello, all.....

     I have been amazed listening to the US news cover the conflict between Georgia and Russia. I think the news is tapping into latent “commie” hate and fear that’s been present since the Cold War; certainly communism and Russia have been portrayed as the antithesis of what the USA should be, the boogeyman in the capitalist closet.

     Certainly the news is not reporting the FACTS.  Russia is being condemned by the news when it should be praised, for it was GEORGIA who initiated the conflict with a surprise attack on South Ossetia on August 7th. Russia was acting to defend the break away “nation” and her own people as Russia had civilians and others trying to negotiate a peace. The folk from South Ossetia are thrilled with Russia and furious at Georgia, and that’s NOT information that’s been trumpeted in US news…I get the full story from the BBC. US news is rife with RUSSIAN atrocities and RUSSIAN aggression into our poor beleaguered ally, Georgia. It’s a fact I find rather sad, and rather a fitting epitaph to freedom and free thinking.

     And there are certainly parallels we can see in how Glenn Marcus’s case was covered. Glenn was portrayed as a monster, as those writing those articles could see nothing past their own reactions and feelings regarding some VERY kinky sex. To portray Glenn as “innocent til shown guilty” would have upset too many peoples deeply ingrained beliefs regarding sex, men, and women. Embedded deep within the American psyche is still the idea that women are frail vessels who need protection from male predators; that females aren’t real people able to make informed choices and deal with the consequences of their acts.

      Even now, after the reversal, articles are saying: 
     “The woman met Marcus in 1998 and agreed to be one of his "slaves." He carved the word "slave" into her abdomen with a knife, shaved her head and systematically punished her, according to the appellate decision. He also forced her to write for the Web site while he kept every penny it earned through advertising and membership fees.”

     The articles however FAIL to mention that Jodi CONSENTED (and even the GOVT admits she did) to the head shaving, carving, and assorted punishments. Jodi’s lies start after these incidents. If they were ACCURATE, they would have made sure to include the very important information that Jodi CONSENTED to those sensationalist acts, but that would mean the writers would have to face some unpleasant truths regarding their deep seated beliefs about women, and conquer some self deception.

        One important truth that no one is facing is that for all the myriad of activities Glenn Marcus and Jodi engaged in, never at any time was there any sex trafficking or forced labor. It is chilling indeed to think the Courts think mental pressure (Jodi’s “fear” of leaving; her feelings of being “trapped”) is akin and equal to the NON consensual and ACTUAL entrapment that true victims of sex trafficking undergo.

        FEELING trapped is worlds away from being locked in a dark room. In REAL sex and human trafficking, traffickers lure typically uneducated women and girls, mostly from third world nations, with false promises of a good career. When the women get to their destination they are actually held in TRUE bondage: their papers are confiscated, they are confined in houses and brothels, and they are often told they will be deported if they try to leave or go to the police. They are beaten, quite against their will, and often raped. The same often holds true for actual forced labor.

         Now compare this to Jodi, a well educated American woman who, of her own free will kept coming back to be with Glenn because she WANTED to, even AFTER he carved her stomach and did other assorted BDSM acts. She was not lied to, deceived or tricked; she knew exactly what she was getting into having spoken with some of Glenn’s women prior to her trips.  Jodi had the key to every place she stayed at, jobs outside of those dwellings, and a car to drive hither and yon, taking multiple trips back and forth from Wisconsin to Maryland to New York. At ANY time she wanted to, she could have driven away. But the citizen of America, the good supporters of the “American Way” MUST believe Glenn is a monster demon for the same reason they have to insist, despite the facts, that Russia is the problem in the current conflict. To do otherwise disturbs deep seated programming which, if disturbed, could crash the system…or person.

          Wait a minute, I hear from the voice of social convention; piqued at my last statement, it whines: Jodi DID work on the website. And the papers say she didn’t get paid, that he “kept every penny” (nice unbiased reporting there <sarcasm>). And then, the voice continues, the papers said Glenn wouldn’t remove her pictures!! OK, let’s address this. Jodi got free room and board. She didn’t pay a single penny in rent…at least when she stayed in NY. Does a husband pay the wife for her housework? No, and that’s not forced labor any more than Jodi was forced; Jodi volunteered to work on that website of her own free will and volition as part of her services in a voluntary and consensual BDSM relationship. And regarding those pictures, Jodi signed a model release form, which is a legal document giving Glenn ownership, control, and custody of those images; he did NOT have to take them down as they were HIS property. You can say Glenn should have been a gentleman, you can say Glenn is an ass, but not being chivalrous does NOT constitute…or even create, a federal crime.

         The unthinking masses are more comfortable in a cozy universe that never defies what’s commonly known and never changes what is generally accepted. Placing a big neat clean label on Comrade Marcofsky, the “pinko commie”, and Mr. Marcus, the “sick pervert” ensures that very few people are going to look at the ingredients which make up either individual. Facing the facts of Glenn’s innocence is just too distressing for those unwilling or unable to engage in meaningful self reflection. And of course, watch out, the commies are coming.

Sincerely,

Meesekite

 

References:

1. Norton, J. (2008). The Ossetian Crisis: Who Started It? Retrieved from http://news.bbc.co.uk/2/hi/europe/7571096.stm

2. Anger Smolders in Rebel City Rubble. Retrieved from  http://news.bbc.co.uk/2/hi/europe/7558619.stm

 

 
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Hello all.....
Well, at long last, the day has arrived. Glenn Marcus's appeal has been ruled on. I actually was not going to blog about it for a while, but since I have seen plenty of news articles, I decided I would not give him a "kina hurrah" (a Jewish curse; the evil eye) by writing.
 
     There is good news, and there is bad. The good news is that BOTH convictions were overturned. The BAD news, however, is that he was not acquitted, the case appears to have been remanded back to the lower court for a retrial.
     The convictions were overturned due to a point of law called the Ex Post Facto Clause...or in English, after the fact. Essentially that means if you commit a crime on Tuesday, and a law was passed on Friday criminalizing what was done Tuesday, you can NOT be charged with the crime...as what you did was legal when you did it.
     The sex trafficking law and the forced labor law was passed in October 2000. Glenn was charged with things that occured in 1998 and 1999. So, the court ruled this was impermissible and on those grounds, ordered a new trial. 
    But wait, I hear someone say, someone who paid attention in civics class...you cant be charged for the same crime twice. In this case, because of the way the court ruled and how it came to its decision, it does NOT violate "double jeapordy". The court found that Glenn's PRE enactment conduct (how Glenn behaved prior to the law's passage) was sufficient to uphold the convictions (it didnt opine on the post enactment conduct) so thats why a new trial could be had.
     To me this ruling is rife with inconsistencies. Then again, Im not a lawyer. It said in part that to be sex trafficking, Glenn had to knowingly at the start of the relationship entice, harbor, recruit...yet at the same time it acknowledged that Jodi and Glenn had, at the outset at least, a CONSENUAL relationship. That to me is in conflict with the recruiting the justices seemed to feel was needed for a conviction on these counts. The court also seemed to feel that if conduct was sufficient to uphold convictions, a new trial was allowed. However the court did NOT say whether Glenn's post enactment conduct was sufficient...and I dont understand that in the slightest. 
    So what happens now? You got me. Will Glenn be charged again? Will there be a new trial? Will the prosecution appeal this verdict? (If they do, it goes to the Supreme Court.) Will Glenn get out of jail pending this new trial? All these and more are questions to which I do not hold the answers. Stay tuned to this station....
Sincerely,
meesekite
News articles: http://www.iht.com/articles/ap/2008/08/16/america/NA-US-S-M-on-Trial.php from the Herald Tribune and here is from Newsday:
http://www.newsday.com/news/local/nassau/ny-nysex165803095aug16,0,5790233.story
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Hello all...
     As you all know, I have been scouring the Second Circuit's web page for news of Glenn's appeal; I have also lamented the fact that the Court never seems to reverse itself. 
      I have been reading random cases since January, and for the first time, I have seen the Second Circuit reverse a verdict, and that merits a blog entry.
      The case is USA vs. Lorenzo, and it appears to be a husband and wife who were found guilty of drug offenses. The trial was in December 2006, and while Mrs. Lorenzo was able to be out on bond pending sentencing and appeal, Mr. Lorenzo's bail and bond were denied. Like Glenn, it seems he was remanded to custody...unlike Glenn, this seems to have occured after the trial (at least Glenn got to wait til the sentencing.)
     The appeal was argued June 16, 2008, and decided July 18, 2008. I suppose this case was a rather simple one for the justices...it seems they felt the evidence presented at the trial did not support a guilty finding. 
     Mr. Lorenzo, an INNOCENT man, has been in jail since DECEMBER 2006. And he is not the only innocent man in prison, not by far. Glenn's case aside (as he to is innocent), studies find that there could be THOUSANDS of innocent men in women in jail, falsely convicted, completely innocent (Liptack, 2007; Gross, 2006).
     And what does that say about JURIES? It seems juries DO convict based on bias, dislike, the stereotypical standard of a "true" American (people who may not give a crap about nudity, or drugs, or sex, may find on a jury they suddenly want to be seen as "normal americans" who "uphold values").
     Great damage was done to this man, Mr. Lorenzo, and to his wife, and I hope he (and she) collects a great deal of money in recompense. A monetary award wont give him his time back, and it wont restore his sense of self worth and dignity prison tries hard to destroy. But it will make living his life a little easier. 
Sincerely, 
meesekite
And no new word on Glenn.
References:
1.  USA vs. Lorenzo (2008) Retrieved from: http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA3LTE0MzUtY3Jfb3BuLnBkZg==/07-1435-cr_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irl3ad6/3/hilite

2. Lipstack, A. (2007). New study examines false convictions. Retrieved from The International Herald Tribune's website at: http://www.iht.com/articles/2007/07/22/news/bar23.php

3. Gross, S. (2006). False Conviction Study. Retrieved from the NYTimes Opinion/Letters page at: http://query.nytimes.com/gst/fullpage.html?res=940CE0D7163EF936A35751C0A9609C8B63 (and before anyone complains about my use of a letter to the editor as a reference, Gross authored the study)

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Hello all...

It was there today, on the second circuit’s web page. USA vs. Marc….I held my breath, my heart skipped a beat…but it was USA vs. Marcale. Marcale! How cruel are the gods, and why must they tease us so? But that’s not what has me all hot and bothered.

 It’s the weather. I spoke to Glenn Marcus today, and the day before. And, he is HOT. And I don’t mean sexy hot. For all who are unaware it is summer, and recently where he is has been having some extraordinarily hot weather. To make matters worse, Glenn has always been heat intolerant, he is hot where I am cold, and miserable in temperatures where I am comfortable.  Recall also he has a whole host of medical issues…he has COPD (emphysema/ bronchitis) , he is overweight, and has hypertension. Excessive heat for him is not just uncomfortable, it is medically dangerous. Im sure you all are aware of heat advisories, where they tell people with the above medical conditions to STAY INSIDE, in air conditioning…and if they don’t have A/C, get to somewhere that does.

 I know I will likely get responses ranting at my desire for inmates in jail to have air conditioning, but this is not about being comfortable, this is about what for him is medically needed. Glenn is not merely uncomfortable. Glenn is medically sick, and is indeed feeling dizzy, nauseous, his heart feels funny, and he is having troubles breathing on occasion. He is having signs and symptoms of heat induced sickness.

Glenn’s medical neglect, as vile as it is, is a microcosm of the whole realm of the horrors which is prison health care. I worked as a prison nurse, I heard my colleagues negative view of inmates and the poor care they received in consequence. Literature is full of research and studies documenting how poor care is for inmates. I did part of my Masters thesis project on prison health care, so I paste some it here. I have to say Im kind of amused at THIS use of my masters thesis.  It concerns itself with WOMENS health care but the care delivered to men is just as paltry.

“Incarcerated women use health care services more so than men, due to a woman’s complex anatomy and physiology (National Commission on Correctional Health Care, 1994). About 10% of incarcerated females have psychiatric disorders as well, and many more have problems due to alcohol and drug abuse, fatigue, and sexually transmitted disease. (National Commission on Correctional Health Care, 1994).

 Women entering correctional facilities undergo far more stress than do men, due to separation from their families (National Commission on Correctional Health Care, 1994).  Studies nationwide show that 75% of incarcerated women have children, and a majority of these children come from single parent homes; another study found that 50-70% of female inmates had dependent children living with them under the age of 18 (National Commission on Correctional Health Care, 1994; Magee et al, 2005).

 Studies show that in many female prisons basic health care and gynecological care is often overlooked (National Commission on Correctional Health Care, 1994; Magee, Hult, Turalba, & McMillan, 2005). Women often do not get Pap Smears upon admission, and appropriate screening questions are not asked by the physician staff who lack training in gynecological aspects of health care (Understanding Prison Health Care, nd.; National Commission on Correctional Health Care, 1994; Magee et al., 2005).  In fact, in my own experience, quite a few women had never had a Pap smear previously, and were in utter terror at having this intimate procedure done in the impersonal and chilling environments of a prison facility. Many, as a result, refused the procedures. Due to this, diseases and disorders may go untreated or undetected, often resulting in serious and deteriorating health problems (Understanding Prison Health Care, nd.; National Commission on Correctional Health Care, 1994; Magee et al., 2005 ).

     Many women enter the corrections system while pregnant; often these pregnancies are high risk due to the woman’s past sexual, medical, and drug history (Understanding Prison Health Care, nd.; National Commission on Correctional Health Care, 1994; Magee et al., 2005). Pregnant inmates complain that they do not get needed sonograms, prenatal counseling, or adequate diet information (Understanding Prison Health Care, nd., Magee et al., 2005).

Other studies and surveys find that chronic conditions such as hepatitis, diabetes, HIV, and tuberculosis are also left untreated or under treated (Correctional Association of New York, 2000; Abkowitz, 2005; Zeilbauer, 2005)."

So its far more than just Glenn Marcus complaining of the heat (and actually sickened because of it) and having his needs ignored.  It’s an endemic situation where the medical needs of people, human beings entrusted to the state as wards of the state, are not met. The nation claims to be humane, to all, without distinction or discrimination. But we certainly don’t show it in our treatment of those who are powerless, and generally disliked.

Sincerely,

Meesekite.

References:

1. Abkowitz, A. (2005) Tough punishment: Georgia's prisons fail to treat inmates with  Hepatitis C. SCHR Prisons and Jails.  Retrieved August 1, 2006  from http://www.schr.org/prisonsjails/newspaper%20articles/General%20and%20Misc/ news_  goforth.cl.01.htm

2. Conklin, T.J., Lincoln, T. &; Tuthill, R. W. (2000) Self- reported health and prior health behaviors of newly admitted correctional inmates. American Journal of Public Health. (24) 8 1939-1942.

3. Krisberg,K. (2005) U.S. correctional health needs major improvements. Nation’s Health. (35) 9 3-5.

4. Magee, C., Hult, J., Turalba, & R., McMillan, S. (2005). Preventive care for women in prison: A qualitative community health assessment of the PAP test and follow up treatment at a California State women’s prison. American Journal of Public Health (95) 10

5. National Commission on Correctional Health Care: Position Statements: Women’s  health  care in correctional settings. (1994). Retrieved August 1, 2006
from http://www.ncch.org/statements/womenshealth.html .

 6. Young, D. S. (2000).  Women’s perceptions of health care in prison. Health care for women international.  219-235.

 7. Zeilbauer, P. (2005). Private health care in jails can be a death sentence. Retrieved March 20, 2007, from http//www.commondreams.org/headlines05/0227-02.htm

If I missed any references...sorry. This aint exactly grad school.

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Hello to all....
Experience is a wonderful teacher, and with all that happened to my friend Glenn Marcus one of the few positive things…at least for me…is that its been strongly reinforced not to take all my previous freedoms for granted. Once I gave no thought to being able to go outside, walk in the sunshine or use my computer as I wished. I assumed my parents would always be present, so I felt little need to call them and remind them of my love.  I always felt these basic things would be ever available. Little did I realize how quickly freedoms can be taken away on a capricious whim, and certainly Glenn’s daughter never imagined she would lose her father to the machinations of the federal prison system. Certainly Glenn never believed or imagined he would miss his first fathers day with his baby granddaughter.

 

It is fathers day, and I look at my parents, my father and my mother, and my sister with a new sense of awareness that they to are ephemeral, and are to be loved and appreciated…and shown that love and appreciation. I am not speaking of their mortality, though of course that is a factor in the equation. Certainly Glenn’s daughter never dreamed her father would be spending any time in jail, and I cant rule out any unforeseen event that would separate me from my family, whom I love deeply. I note I call them more, wish them to be more involved in my life, and I am richly blessed by their presence.

 

I look at my sister and her wonderful family, my beloved nieces and my brother in law. My nieces are children still, and well entrenched in the joys and woes of happy and normal childhood. I want to contribute to the magic that ensues as those children journey on their way to becoming adults. If I had to pick for myself the perfect brother in law, it would be my sisters husband. As for my sister herself, she is a paragon of wisdom, a woman to whom I look up to for advice and take seriously her counsel.

 

Ive not told my parents often enough how much I value them. Ive not told my sister and her family how important they are to me on any frequent basis, though they are a vital ingredient in my life. Of course that is changing as I write and in my acts regarding them.

 

I don’t take the sun for granted anymore.  I don’t feel blasé at being able to walk where and when I want. I don’t discount the loveliness of the spring flowers and leaves, and I even appreciate the oppressive heat weve had lately. I truly value what I have as I have been shown that what one has and what one values can be gone almost in an instant, in the blink of an eye, based on lies and fallacy.

 

And I certainly love and value my family. On this fathers day, I hope all of you also find the time to tell the ones you love just how much they are loved, and that when you walk outside, appreciate the splendor of sun, trees, flowers and above all, freedom.

 

Happy fathers day.
Sincerely,
meesekite

 

Current Mood:
contemplative contemplative
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