The · Meeskite's · Muse...
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-y |
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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. 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/goo |
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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=JAVlk4F2q |
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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-p 2. En Banc. (nd). Retrieved from techlawjournal at http://www.techlawjournal.com/glossary/l 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.h |
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Hello, all..... I have been amazed listening to the Certainly the news is not reporting the FACTS. 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 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 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/757109 2. Anger Smolders in |
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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/2008/08/1 http://www.newsday.com/news/local/nassau/n |
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Hello all... |
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Hello all... It was there today, on the second circuit’s web page.
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: 2. Conklin, T.J.,
If I missed any references...sorry. This aint exactly grad school. |
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Hello to all.... 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.
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Hello all... I could write of prisonization effects, essentially the acculturation process that inmates go through adjusting to a completely new and different society, that of jail. I could footnote this entry with dozens of references that show the brutality of prison does not create a man better fit for society; indeed the opposite is more likely to occur. I can cite the study that was done with rats- overcrowded rats become violent and aggressive, and the same has been shown to occur with overcrowded people. Most in jail are there for non violent offenses, namely drugs. And those inmates who are there for what is essentially a victimless crime learn in jail that to survive, they MUST victimize. Even those there for criminal offenses learn that corruption is the only working governing system at a jail, and they to become expert in its use. Even as I said I would not write of this I find myself at the end of a paragraph. Perhaps another entry will be devoted to this topic in some depth, but for now I wish to discuss the Second Circuit Court of Appeals I check the second circuit’s web page daily to see if Glenns appeal verdict is posted, and randomly read cases which seem interesting to me. The second circuit seems like it never reverses rulings, and so I have little hope for Glenn’s case. Many of the cases which are not Glenn Marcus’s seem to me to be adjudicated unfairly, and I reading them get irate all over again on random strangers behalfs. Where is the justice in the system we claim to be the worlds best? I offer you some examples. In Sincerely, Meesekite Refereces:
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Hi to all... Outrageous things are in the papers, and no one notices. Have we become so inured to the loss of liberty and justice that perpetrators can trumpet their foul deeds with impunity? Quick we are to damn the criminal, but when the government does the same act, it is applauded. The papers are full of the upcoming trial of singing artist R.Kelly, accused of child pornography. Accused is the key and operative word here, yet this mans name is in the papers, his picture smeared and his reputation sullied even if fully aquitted. And it gets worse. Trials are supposed to be fair and impartial, a jury of peers who themselves are unbiased, and while we know that rarely ever happens in practice, on paper the theory of impartiality has been pristine....til now. One of the jurors for Mr.Kelly's trial, before a shred of evidence has been presented, before the trial has even begun, has stated that he believes this man is guilty. Yet he was not disqualified. Through Glenn's situation I have come to learn a bit about the process of jury selection. The voire dire, or questioning, is a document that both prosecution and defense have in essense collabortated with to write as they both have to aggree upon the questions and how they are worded. And each side gets a certain number of exclusions, the prosecution gets to kick out more potential jurors than the defense. So the fact that this man was kept for Mr. Kelly's trial says a few things to me: the defense probably used up their challenges; I can not imagine a lawyer in his right mind (ok, Glenns lawyer Maurice Sercarz may have) who would not use a exclusion to get rid of a man who ALREADY thinks the defendant is guilty. The judge can toss out potential jurors as well, and that number I believe is limitless. The judge in this case did not. The judge here had the man look Mr. Kelly in the eye....and say that he would give him a fair trial. Oooh now thats a sophisticated and reliable way to determine veracity <chokes on the sarcasm>. The juror may have simply said he would be fair while thinking foul thoughts of vigilantism and vengance; desire to jail a "pedophile" could easily cause someone to lie about what they feel and believe. Oh well. Should Mr.Kelly be convicted, he has an excellent basis for an appeal. And the injustice lives on. Til the next time, meesekite Reference: Herman, E. & Jansen, K. (2008) 3 Kelly jurors picked first day. Retrieved from : http://www.suntimes.com/news/metro/kelly/9 PS: if my legal discourse is wrong, blame the crash course I had in law, and my law professors chen, magnetti, and sercarz.
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Hello to all! Glenn continues in his unjust imprisonment, as best he can. Rona and I went to see him last week, and were treated to a new crop of corrections officers who were even more unrelenting in their obtuseness than the ones prior. They made a HUGE issue of the chair I sit in, and I dont understand that, its not like its a security risk for me to sit in a chair thats already in the room. Its vastly annoying, and very demeaning to always have to explain my medical history to unsympathetic morons with each visit. And I know my irritations are only minor compared to what Glenn deals with each day, every day, all day. Ladies and gentlemen, mensa members do NOT apply to be COs; in fact, I think to a large extent its an inverse relationship between IQ and hireability in that profession. In the visiting room there are microwaves, and for some odd reason, one of the microwaves caught fire. And, for a microwave, it was a respectable conflagration, for fires as a whole it was rather minor. The COs looked at it, and I think one of them used the phone prior to putting it out. Perhaps they were asking what to do, I do not know nor should I guess. Eventually the fire was extinguished, to the applause of most of the inmates. At that time, Glenn said it was very probable that they would seperate the inmates and visitors, and maybe have us leave. After Glenn spoke, a few minutes after the fire was out, the smoke alarm went off. Lucky for us the fire was already out. The alarm blared and the lights flared, and a few minutes after that Glenns prediction came true, the visitors were ushered out of the room. Im happy it was a pleasant day as we were standing outside for a while. We were let back in, and resumed the visit uninterupted. Glenn said while we were outside, there was a special count, because potentially an inmate may have escaped during the blaze. I find it odd that Glenn was falsely convicted of forced labor while the government has apparently no qualms in perpetrating the real thing. I shouldnt have been too surprised, in my own work as a prison nurse I had inmate aides, and I knew prisoners couldnt refuse requests of correctional staff. However I was shocked and dismayed when the COs grabbed an inmate who was there ON A VISIT WITH HIS FAMILY and had THAT inmate clean the mess. Understand what a hassle it is to get to the jail and be processed; that family member had much less time to spend with their inmate loved ones due to the capriciousness of corrections officers. I was very upset seeing this, and Glenn said it was therefore a good thing to place in my blog, his message for the week, that inmates are slave labor. I guess my mind never made the leap; the inmates who worked with me were doing their job (and well I might add), I didnt internalize that at ANY TIME, an inmate could be set to labor, and that inmate could not refuse. No word yet on the appeal. Trust me, when it happens, I shall post the probably bad news here. The second circuit doesnt have a statistical record of reversals. However, I have been reading some pretty interesting cases as a result of checking for Glenns on a daily basis. While reading, I noticed that this guy Mukasey seemed to be named in suits all the time. I felt badly for the poor guy, til I realized he was the attorney general. DUH. And I hope that gave you a chuckle.... Til the next time, sincerely, meesekite
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Hello all... Throughout history, those in power have been able to rationalize their abuses by saying they are therapeutic, or beneficial to the one abused. "This hurts me more than it hurts you", is said as the parent spanks the child or the husband beats his wife. (Or vice versa). The government has once again displayed its care for children by harming them greatly, saving them from the imagined ills of a politically incorrect lifestyle. Im talking about the Texas raid on the polygamist sect, of course. It actually reminds me vaguely of Glenn Marcus's situation in that on the UNsubstantiated word of an anonymous caller, the government abducted over 400 children, seperating them from their traditional lives and their parents. Yet again the government has acted without an investigation, and it is left to let the media and the public opinion at large to fill in the facts with ones own fallacies of indignation. I believe there is alot of persecution in this case; and it is due to the religion of the participants. The bill of rights need not apply to "wacky polygamist cults" whose beliefs are not at all on the bell curve of convention. It seems freedom only fits those within a few standard deviations of the norm; to the truly deviant, freedom is denied. Typically, in an allegation of abuse, investigations are supposed to happen and THEN, when the facts surface, action is taken. Removal of the children is a last resort. There is no identified child here who made that first call and indeed, that call may have been a hoax (Elkins, 2008). It is repugnant to force any marriage or any sex of any type, regardless of age. So dont think I support forced marriage, as I do not. Dont think I support child abuse, as of course I do not. However, in hospitals all over the nation we see patients of 14, 15, 16 who are mothers...note they have not been removed from their homes and the fathers of the babies born arent in jail. Thus, I must conclude that the governments acts on the polygamist compound were due to religious persecution. Brainwashing is OK ONLY if its government approved brainwashing!! Or, as Bruce Perry, one of the psychologists who testafied that the situation in the compound was abusive said that while the girls THOUGHT they consented to these marriages, they didnt really, as it "was a choice based on lessons theyve had since birth" (Elkins, 2008). Umm. Lets examine lessons weve had since birth. Judiasm. Christianity. Islam. The notion that the USA is the BEST most free nation on Earth. Since we all have been inculcated thusly, according to Mr. Perry, all such beliefs are not free choices. But of course he would find some loophole to dive through; casting aspersions on what HE has been taught since birth would only show that the others thoughts are wrong or disordered. (What is psychosis? Anything that makes a society squeamish and squirm in discomfort). It is also religious persecution on the governments part because while the claim is that adolescant girls are being abused, young boys and young girls have been taken away from parents as well, despite NO evidence that they are in any harms way, despite claims that at least the boys seem healthy and well adjusted (Elkins, 2008). I only hope that these polygamists have a good lawyer, one who can get all the evidence taken from this illegal search and seizure suppressed as it was gotten under false pretences with a faulty warrant/fake call. These young children (and the older ones) have grown up in an astoundingly different environment; surely the wonders and marvels of a technological society that is foriegn to them will be traumatic and frightening. But, at least that will be GOOD for them...or so the government believes. Long ago, in the USA, American Indian children were taken from their parents and raised in the white society and culture...because it was felt they were being civilized. The parallells between that and whats happening to the polygamists children are rather obvious. Sincerely, meesekite Reference: Elkins, K. (2008). False abuse claim investigated in Texas polygamist raid. Retrieved from: http://www.keyetv.com/content/news/topne |
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I wish all my readers a happy and joyous Passover. To those who dont know the meaning of Pesach, essentially, like all Jewish holidays, it can be summarized thusly: "They tried to kill us; we won, lets eat". However, passover has another and special signifigance: it commemorates the Hebrew peoples escape from bondage (and not the consensual type), and has come to symbolize for many the wish that all who are enslaved and oppressed will be set free and find their freedom. I know Glenn Marcus will be celebrating Pesach in jail; I wonder greatly at that particular seder (the prayers and thanks said before and after the meal). Do the participants say those words with heartfelt sincerity or with bitter irony? I find irony indeed that inmates in a jail are giving thanks for freedom and for deliverance from slavery. But I really shoudnt. I have read that in the depths of despair, Jews have continued to find meaning and signifigance in Judiasm and its rituals. Passover was celebrated during the Holocaust; Jews over the centuries have risked torture and even death for being Jewish. So I should not find startlement that a holiday of freedom is being celebrated in the den of oppression. I should feel uplifted and hopeful that in the deepest and most vile of hells, Jews have triumphed, and the spirit of freedom will never be squelshed. If a Passover was NOT celebrated, then Glenn would truly be an inmate, a prisoner...and he is incarcerated. But as he can in his heart celebrate freedom even as it is denied to him, his spirit will remain free even as his body is fettered. This seder will also be a cry and a plea for freedom, of that I am aware. My seder with my family is coming. In it, I will wish for all who are unjustly imprisoned to find freedom. Prior to my insights here I had thought it bitter, this holiday when my friend was in jail, but now I can see the beauty which it has, and the meanings of the words. Gut Pesach, and may whatever God you honor smile upon you. Sincerely, meesekite
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Hello all.... Not a day goes by that I do not ponder the capriciousness of Glenn Marcus's conviction. I have finally read the appeal materials...and the governments responses, and am appalled anew at how the jury managed to look at the situation, ignore the evidence and come up with two guilty verdicts. On the UNCOLLABORATED word of one woman, Glenn is in jail. And this week, that is his message for you all...that on the UNCOLLABORATED word of one, he is jailed. Of course, I am going to expand on this, alot. Conventionally, sex trafficking/ forced labor is when people smuggle others, usually women and kids, and force them to work...in the fields, as sex workers, or even as domestic servants. Much of the time, the workers are poorly educated. The slaves...and thats what they are, slaves, in reality, are kept there because they are often locked in, passports taken, they dont speak English nor are they familiar with US customs and law. Compare and contrast that with Jodi, a US citizen, a college graduate. She had an outside job, keys to the places she lived in, freedom to come and go as she pleased. She was not kept secret, she was not forbidden to go out. She regularly went back to Wisconsin to visit her family, and returned voluntarily to NY. She used the phone to call friends and family. Thats NOT sex trafficking, that is a woman who LIED. And, try as the FBI did, no woman would collaborate her tale. JODI was the ONLY witness. Her "proof" that Glenn forced her were the slavespace photos...her claim was that when she did not please Glenn, he did those "tortures" and made her look happy for the camera. And that is a LIE. Photos dont show proof of any torture, they show a picture was taken. Pictures can be doctored, faked, photoshopped...and I know Glenn did make extensive use of photoshop; I used to critique his choice of magenta to portray the blue of cyanosis. She lied about the context and content of the pictures, and a jury shocked by BDSM pictures believed her lies. What kind of "justice" system do we have when a man gets sent to jail based on the UNCOLLABORATED word of ONE? The standard is guilt beyond a reasonable doubt; clearly even with Maurices poor defense, the jury had to have doubt based on facts I have presented. Had Maurice used ALL the evidence he was given, presented the many women who could have testified for Glenn...some even knew Jodi and one could have contradicted her claims as she was there for what Jodi labels abuse and the other woman calls consensual (in her take of it). Clearly even without the other women there was some difficulties; deliberation took SEVEN days. Glenn also wanted me to discuss how the case never should have been brought to trial at all...the mechanisms which are designed to stop fallacious prosecutions seemed to have been off duty in 2005. They seem to have arrested Glenn and then investigate, not the other way around. Mr. Fahringer in one segment of one of his briefs (and why are they called BREIFS when they are so LENGTHY?) labeled the governments acts as "conduct in search of a crime". And it was. Glenn is still jailed, and Jodi walks free up and down upon the earth, and to and fro. One woman's lies; many lives in upheaval, and a little girl who will not have any early childhood memories of a loving grandfather. She will be 9 years old when Glenn is released. In chat rooms, people have misunderstood the case, based on mistaken accounts in the press. First and foremost, Glenn Marcus did NOT live with his parents as the papers claimed. Glenn had been living pretty much on his own since he was 16; at his arrest he was living with his long time friend, Rona. He ONLY lived with his parents afterwards because that was the terms of his bail. Other misconception: Slavespace was not a BUSINESS. Thats one of the interesting things about this case, it is the first time these laws have been used in a DOMESTIC situation. Jodi as part of the BDSM domestic relationship helped Glenn with the site. There was NO force, there was NO coersion. Thats about all for now. Sincerely, meesekite
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Hi all... An entry that has nothing to do (in real life) with Glenn, politics, or the justice system...how bizzare is that? Usually I remember my dreams, and they generally are quite detailed, and typically science fiction or fantasy based. Last night I only remembered two snippets, but I was impressed enough with my own sub consious that I wished to share them with you all. (Or, bore you with it...either way...but, this blog is more for me than it is for you, dear readers, so deal with it). I wish I could remember the whole dream, it must have been great. I remember I was with a wizard, and he was complaining about his colleage, and he stated rather grumpily that he didnt understand why the other wizard spent so much time trying to cast spells on people to turn them into bottles, as most people already existed IN bottles and the REAL trick was to get them out. I woke up from that in wonder at my own perception. Yes, we DO live in bottles, prisons of our own design, and the walls of such prisons may be "society" or "expectations"...even "religion" and "duty" can be confining. The hard thing IS to live a life that is truly free of confinement, a life authentic and sincere to all one holds dear. Thats what I have been trying to do, ever since Glenn Marcus was taken from me (and before, as he taught me how to enjoy life)...and something I will never stop doing. The second snippet I recall was where I climbed upwards on an impossible mountain, my guide saying that so long as my faith never wavered I could complete the task. I avoided looking down, but when I did, the ground sank away vertically, the land was hot coals even as it was verdant and lush with trees, and yet I never fell as I had faith in my guide, whom I never really saw. I woke up thinking it was Glenn, but even so I am unsure. So I faced the day in a good frame of mind from meaningful and happy dream segments. -meesekite |
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Hello to all.... Saw Glenn last Monday. He continues in his hell. His message for you all is that his lawyer says that the longer the appeals court takes to rule, the better it seems to be for the case. So, judging from events[he says], things look great, and if he in jail next year, that must mean wonderous good [he says with percieved sarcasm]. He, however merely serves as a segue for todays topic, which is as usual, the corruption and duplicity of the government which supposedly guranatees our rights and protects our liberty. The Sixth Amendment to the US Constitution states "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 where in 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 defence." (Quoted from Wikipedia, links take you to explanations). Further case law, specifically Powell vas Alabama (1932),, Johnson vs Zerbst (1938), Gideon vs Wrainwright (1963), And Scott vs Illionois (1979) paved the way for the current environment of public legal defenders for those unable to afford or pay for a lawyer (Wikipedia article) Until now. As Ryan Orr writes, In Victorville, California, the town voted and passed a law that states that the poor who can not afford lawyers must pay a legal fee/surcharge of $150. That to me seems in stark contrast to well established case law. And there is worse in this story. The nation has seen top government officials act with callous disregard for the rights of others...look at the waterboarding scandal for proof there. That attitude has it seemed, passed down to local officials in a parody of Reagans "trickle down economics" “We are dealing with the criminal element,” stated Mark Uffer, San Bernardino County chief administrative officer. “It’s not outside the realm of possibility that they are not telling the truth, just to receive free legal advice.” The criminal element? Whatever happened to the presumption of innocence that is integral to the US justice system? These people using services of public defenders have NOT been convicted of a crime, OR had a trial, and Mr. Uffer has already pronounced each and every single one GUILTY. “One of the jobs of the board of supervisors and the administrative office is to protect the taxpayer’s money,” Uffer stated. “We’ve given away millions of dollars in legal services to people that break the law.” (All quotes from Ryan Orr's article in the Daily Press). Poor Mr. Uffer, aggrieved by the Constitutional rights and protections of a nation he claims to serve. How sad he must be...maybe he longs for the gulags of Russia? Perhaps he liked Mr. Saddam Husseins style of dealing with criminals? Lets hope an industrial wood chipper isnt in the California budget for next year. Such pesky matters, the rights of the accused. No surprise, the FBI agents who interrogated Glenn were heard to comment on how much easier their lives would be without juries and lawyers. And especially without evidence. Its been found that tests of DNA dont match the accused suspect about 30% of the time, according to Mr William Sessions, a former FBI director. Thats so very inconvient for prosecutors, because they can see convictions reveresed...and they lose points for that, I think. They get promoted on their conviction rate...if its seen they messed up, they get in trouble. They dont want that. If they dont bring enough cases to trial, they dont get ahead either, so showing someone is innocent is actually detrimental to their careers. In Sessions 2003 article, he discusses the dangers of destroying evidence when DNA can clear the innocent. He discusses the case of Michael Elliot, convicted of murder in 2002, who wanted to DNA test a patch of blood discovered later. Not only did the court refuse it, the prosecution wanted to destroy the evidence, and the lower court aggreed (reversed at the appelete level, at the last moment). In 1997, DNA testing exonerated Kevin Byrd of a rape. The prosecution/ governments responce to that was to DESTROY the rape kits from 50 other cases. WHAT DID THEY FEAR?? Sessions says the responce that some have that expensive testing would be demanded by each inmate is foundless, as groups like the Innocence Project reject about 90% of the cases submitted to them, and have rigorous screening processes for the cases they DO accept. He also says the tests dont cost all that much. I say that the tests are cheap as hell compared with the financial costs of keeping innocent men in jail, and they are nothing compared with the emotional toll of men who are innnocent facing years of truly unfair and unjust incarcerations. DNA wouldnt show Glenn's innocence, but it can show so many others. The Innocence Project has exonerated over 200 on death row, and is an organization well worthy of support. Their web site is a font of information about how and why so many are convicted when they are innocent of a crime. The government doesnt seem interested in innocence when theyve already descided guilt. The dont even seem interested in rights of the accused. CITATIONS AND WEBLINKS: 1. Orr, Ryan (2008) New fee imposed in court. Retrieved from: http://www.vvdailypress.com/news/county_ 2. Sessions, W. (2003) DNA denials. Retrieved from: http://www.prisonerlife.com/articles/art 3. The Innocence Project: http://www.innocenceproject.org/
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Hello all... Protecting the rights of those who have been marginalized has always been important to me...a facet of my persona which has been honed even more by what happened with Glenn Marcus. Inmates arent the only ones who have to live at the (capricious) whims of their captors. Children to are subject to the whims and whimsy of the powerful adults surrounding them, and all too often in my work I have seen adults treat the young in belittling ways. Children are the future; it angers me greatly when I see this vast resource misused and its potential demeaned. At work one day we (me and the male staffer whom this post dishonors) were having a discussion regarding the legal system, and its multitude of flaws. I was making entirely valid points regarding prisonization effects...meaning that putting people in jail only teaches them to be better criminals, as they learn from their surroundings. There are many journal and research articles in support of the negative effects of prisonization upon prisoners. Jail does not teach people to be better societal members. HE, however, was referring to these people, these inmates, as animals. He WANTED them to suffer. I was amazed at how he let his guard down...how easily he admitted wanting people to suffer, to be deprived of care. And he thought he sounded logical and rational. He said he wanted to be a Corrections Officer, and as he spoke he pounded his fist into his hand, stating hed get the inmates into shape. I heard this man speaking to children, directing traffic in the school where I was stationed for the day. He yelled. He blustered. He was brusque and gruff with the children, all because he could be. Now to be fair, these "children" were teenagers and pre teens in a school in a bad area where students had to walk through a metal detector to gain entrance. However, to my read he seemed more terse than the situations called for, and it didnt seem like "tough love" to me. He, the powerful, seemed to enjoy his position among the powerless. No, he was not a corrections officer, but he had his very own group of the marginalized to mistreat. -meesekite |
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