Posts Tagged :

color of process

Phoenix Police Exposed: Criminal Conspiracy Against Rights & Deprivation of rights under color of law

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Introduction

Corruption within law enforcement is not just an isolated incident but often a pattern of systemic issues that pervade entire departments. The Phoenix Police Department (PPD) stands accused of serious wrongdoing, including abuse of authority, criminal conduct, and violations of civil, constitutional, and human rights. My personal experience with the PPD and the findings from the latest Department of Justice (DOJ) investigation reveal a disturbing pattern of criminal conspiracy and deprivation of rights under color of law. This blog aims to shed light on these abuses, backed by irrefutable facts, proofs, and evidence.

A Case of Wrongful Conviction: Ewing Redmond Samuels III

In February 2017, I was wrongfully convicted due to false police reports and an indictment obtained by Phoenix Police Detective Marchele Miller. Despite her criminal history and arrest record by the Chandler Police, which was concealed by the Maricopa County Attorney Lori Eidemanis, David Foster and William Montgomery (now an Arizona Supreme Court Justice), Miller’s fabricated charges led to my unlawful imprisonment. My case exemplifies the habitual and routine pattern of corruption within the PPD and law enforcement in Arizona. Even though Detective Marchele Miller was in possession of all the proof and evidence from the Database of the Phoenix Police Department itself, she chose to engage in kidnapping of my 5 year old child, concealment of the murder of Royce Emmett Walker by the PPD’s confidential informant Jamil Curd, concealment of 5 arrest warrants at the time and at trial, cover-up, criminal conspiracy, and deprivation of rights under color of law all on the account of my race, color, and national origin.



Key Facts and Evidence

  1. False Police Report and Indictment: Detective Marchele Miller’s false reports and the subsequent indictment were pivotal in my wrongful conviction. Miller’s credibility was compromised by her undisclosed criminal history, which should have disqualified her from any investigatory role, under the law.
  2. DOJ Findings: The recent DOJ investigation into the Phoenix Police Department uncovered widespread abuses and violations of civil rights. The report, which included numerous instances of excessive force, wrongful arrests, and discriminatory practices, supports my claims of systemic corruption.
  3. Criminal Statutes Violated: The actions of the PPD violate Title 18 USC §§ 241 and 242, which pertain to conspiracy against rights and deprivation of rights under color of law. These statutes make it a federal crime for anyone to conspire to injure, oppress, threaten, or intimidate any person in the free exercise of any right or privilege secured by the Constitution or laws of the United States.
  4. Patterns of Misconduct: The DOJ report highlights a pattern of misconduct within the PPD, including:
    • Routine use of excessive force against civilians.
    • Racial profiling and discriminatory practices.
    • Retaliation against individuals who file complaints or speak out against police misconduct.

Specifics from the DOJ Report

  • The report found that officers frequently violated the Fourth Amendment by conducting unlawful searches and seizures.
  • There were multiple documented cases of the PPD’s failure to properly investigate and discipline officers involved in misconduct.
  • Evidence showed that PPD officers often used excessive force against vulnerable populations, including people with disabilities and those experiencing homelessness.

Impact on Victims

The systemic corruption within the PPD has had devastating impacts on countless individuals, including myself. These abuses not only result in wrongful convictions but also erode public trust in law enforcement, making communities less safe. Victims of these abuses suffer from long-term psychological, emotional, and financial hardships. I can attest that I will never trust any law enforcement officer from the City of Phoenix, The County of Maricopa and the State of Arizona, even more so the entire United States.

“I will never trust any law enforcement officer from the City of Phoenix, The County of Maricopa and the State of Arizona…”

cyber security expert, Ewing Redmond Samuels III

Conclusion

The Phoenix Police Department’s habitual and routine pattern of criminal conspiracy and deprivation of rights under color of law must be addressed at the highest levels. My wrongful conviction is a testament to the severe consequences of unchecked police misconduct. It is imperative that federal authorities take swift and decisive action to prosecute those responsible under Title 18 USC §§ 241 and 242. Only through accountability and systemic reform can justice be restored, and the civil, constitutional, and human rights of all individuals be safeguarded.

Until Next Time…

I Am,

Ewing Redmond Samuels III



For more detailed information, including the full DOJ investigation report and supporting documents from my case, please visit ewingsamuels.com.


References

  • United States Department of Justice, Civil Rights Division. “Investigation of the Phoenix Police Department and the City of Phoenix.” [DOJ Report]
  • Title 18 USC §§ 241 and 242 – Conspiracy against rights and deprivation of rights under color of law.

This blog aims to inform and mobilize the public to demand justice and reform within the Phoenix Police Department. By exposing these abuses, we can work towards a future where law enforcement upholds the rights and dignity of every individual.

Parallels Between The United States and Nazi Germany: A Comparative Analysis

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Introduction

Today, I want to delve into a critical issue that resonates deeply with my personal experiences and the broader discourse on justice and human rights. This blog explores the unsettling parallels between law enforcement practices in the current United States and those in Nazi Germany. Specifically, it examines the use of law and power to arrest, kidnap, hold hostage, torture, seize assets, and commit murder under the guise of legality. By highlighting specific laws and actions by authorities, I aim to underscore the severity of these issues and call for urgent reforms.

Historical Context: Nazi Germany

Under Adolf Hitler‘s regime, Nazi Germany utilized law enforcement as a tool of oppression, systematically targeting Jews, political dissidents, and other marginalized groups. The Gestapo (secret police) and the SS (Schutzstaffel) were notorious for their brutal tactics, which included arbitrary arrests, torture, and extrajudicial killings. The Nuremberg Laws institutionalized racial discrimination, stripping Jews of their citizenship and rights. The Holocaust, one of history’s most horrific genocides, was perpetrated under the pretense of legal authority.

“I don’t see much future for the Americans … it’s a decayed country. And they have their racial problem, and the problem of social inequalities … my feelings against Americanism are feelings of hatred and deep repugnance … everything about the behaviour of American society reveals that it’s half Judaised, and the other half negrified. How can one expect a State like that to hold together?”

Adolf Hitler

Modern United States: A Disturbing Parallel

While the United States prides itself on being a beacon of democracy and justice, recent practices reveal troubling parallels with Nazi Germany. This comparison is not made lightly but is grounded in documented instances of systemic abuse, particularly against non-white citizens and residents. It already has a history of customs rooted in white supremacy.

Even more disturbing is those in power in the United States who control the country and its law enforcement mechanisms (Quite Interesting):

Arbitrary Arrests and Kidnappings

The United States has seen numerous instances where law enforcement agencies have exercised their power to arrest and detain individuals without due process. The Immigration and Customs Enforcement (ICE) agency, for example, has been criticized for its tactics in detaining immigrants, often in ways that resemble kidnappings. In 2020, reports emerged of federal agents in unmarked vehicles detaining protesters in Portland, Oregon, without identifying themselves or providing a legal basis for the arrests.

“It was done to move detainees to a safe location for questioning.”

Homeland Security Acting Deputy Secretary Ken Cuccinelli

Torture and Inhumane Treatment

The use of torture by U.S. authorities has been a controversial issue, particularly in the context of the War on Terror. The CIA’s use of enhanced interrogation techniques, which many consider to be torture, has drawn widespread condemnation. Similarly, reports of inhumane conditions in detention centers, including those operated by ICE, have highlighted the maltreatment of detainees, often involving physical and psychological abuse.

Asset Seizure and Civil Forfeiture

Civil asset forfeiture laws in the United States allow law enforcement agencies to seize property suspected of being connected to criminal activity, often without charging the property owner with a crime. This practice has disproportionately affected non-white communities. In many cases, individuals have had their assets seized without due process, echoing the expropriation of property from Jews and other marginalized groups in Nazi Germany. It is now being perpetrated against communities of people of color.

“The fact of the matter is very rare for an unarmed African American to be shot by a white police officer.”

Former Attorney General, DOJ, William Barr

Extrajudicial Killings

The extrajudicial killings of unarmed Black individuals by police officers in the United States have sparked nationwide protests and calls for reform. The deaths of George Floyd, Breonna Taylor, Alton Sterling, Stephon Clark, Eric Garner, Ronald Greene, Elijah McClain, Tyre Nichols, and countless others reflect a pattern of lethal force used disproportionately against non-white citizens. These incidents draw a stark comparison to the state-sanctioned murders carried out by Nazi Germany under the guise of maintaining law and order. The former Attorney General of DOJ, William Barr proved the audacity and deliberateness of the denial of the existence of systemic racism flies in the face of information  from nongovernmental groups, the Justice Department’s own data, and the lived experiences of Black people in the US.

Legal Frameworks and Authorities

The Patriot Act

The USA PATRIOT Act, enacted in response to the 9/11 attacks, expanded the government’s surveillance and investigative powers. Critics argue that it undermines civil liberties and has been used to target marginalized communities, much like the Reichstag Fire Decree and the Enabling Act enabled the Nazi regime to bypass legal constraints and persecute dissidents.

Qualified Immunity

Qualified immunity shields law enforcement officers from being held personally liable for actions performed in the line of duty, unless they violated “clearly established” rights. This doctrine has been criticized for enabling police misconduct and preventing accountability, paralleling the impunity enjoyed by Nazi officers who committed atrocities under state orders.

Absolute Immunity for Prosecutors and Judges

One of the most egregious aspects of the U.S. legal system is the concept of absolute immunity for prosecutors and judges. This legal doctrine protects these officials from being held accountable for their actions, even when they knowingly violate the law. Prosecutors can present false evidence, suppress exculpatory evidence, and engage in misconduct without fear of personal consequences. Judges, similarly, can make biased and unlawful rulings with impunity. This lack of accountability mirrors the unchecked power wielded by Nazi officials, who committed atrocities without fear of retribution.

Executive Orders and Directives

Executive orders and directives, such as the Trump administration’s “zero tolerance” immigration policy, have led to widespread human rights abuses. This policy resulted in family separations and the detention of thousands of children, drawing parallels to the state-sanctioned abductions and internments in Nazi Germany.

A Personal Note

My understanding and perspective on these issues are not merely academic or theoreticalthey are deeply personal. I have experienced firsthand the American criminal justice system in the state courts of Arizona, the family courts of Arizona, the immigration system in the federal courts, and its supposed ‘appellate process’. In each of these arenas, I encountered egregious violations of state court rules, the United States Constitution, fundamental freedoms, and the global consensus on human rights laws it cannot grant nor withdraw. These violations were not just incidental but were committed knowingly by those in positions of power, highlighting a systemic problem that mirrors some of the darkest chapters in history.

“The American Criminal Justice System apparatus is hopelessly opaque, concealing racist aims behind contorted justifications..”

Ewing Redmond Samuels III

Conclusion

The parallels between law enforcement practices in the current United States and Nazi Germany are deeply troubling. Both systems have utilized legal frameworks to justify acts of oppression, targeting marginalized groups under the guise of maintaining order and security. It is imperative that we recognize these patterns and advocate for reforms that uphold justice, accountability, and human rights for all.

By drawing attention to these issues, I hope to contribute to a broader movement for change and justice. It is through awareness and collective action that we can prevent history from repeating itself and ensure a more just and equitable future for everyone.

Thank you for reading.

Until Next Time…

I Am,

Ewing Redmond Samuels III

The Reality of Legal Representation in the U.S.A.

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“Racism and classism are a manifestation of a culture that has no genuine morals and can only elevate itself by subjugating others.”

Shahid K. Bolsen

Introduction

The United States prides itself on being a nation of laws, where justice is a fundamental pillar of society. However, for millions of people, this ideal is far from reality. With over 2.5 million individuals incarcerated in state and federal prisons, the American criminal justice system seems to be more of an industry of profit rather than a beacon of justice. This situation begs the question: Are lawyers truly fighting for the legal and constitutional rights of their clients, or is their advocacy driven primarily by personal gain?

The Role of Lawyers: Ideals vs. Reality

Lawyers are often seen as the defenders of justice, the ones who stand up for the oppressed and ensure that everyone receives a fair trial. This is the idealistic view that many people hold, inspired by courtroom dramas and the noble image of legal warriors. However, the reality is more complex and, often, disheartening.

In practice, many lawyers are motivated by financial incentives rather than a pure dedication to justice. This is not to say that all lawyers are indifferent to their clients’ rights, but the system itself encourages a focus on profit. Legal fees, billable hours, and the potential for lucrative settlements can sometimes overshadow the fundamental mission of defending constitutional rights. The prison population is also a direct reflection of what lawyers in the United States is doing and not doing.

The Profit-Driven Justice System

The staggering number of incarcerated individuals in the United States highlights a systemic issue. The criminal justice system, including its legal representatives, often operates as a business. From private prisons that benefit from high incarceration rates to legal professionals who may prioritize high-paying cases, the focus can shift from justice to profitability.

The situation becomes even more dire when considering public defenders. These lawyers, who are supposed to represent those who cannot afford private counsel, are often overworked and underpaid. With excessive caseloads and limited resources, public defenders may struggle to provide the vigorous defense that every defendant deserves. This imbalance leads to a higher likelihood of plea deals and wrongful convictions, contributing to the swelling prison population.

Source: Bureau of Justice Statistics

Personal Experience: A Case Study in Systemic Failure

My own experience underscores the flaws in the system. Wrongfully convicted and imprisoned, I encountered a legal landscape where my constitutional rights were outright overlooked. My case was not unique; countless others face similar injustices, trapped in a system that seems more concerned with maintaining its own mechanisms than ensuring fair treatment for all. My case also gives indisputable proof that the State wins cases on technicalities and not merits, with the system itself engaged in concerted actions to protect itself, completely denying you justice.

Throughout my ordeal, it became evident that many lawyers are selective in their battles, often influenced by the potential for personal gain. This selective advocacy means that those without substantial financial resources or high-profile cases may receive subpar representation, perpetuating cycles of injustice and incarceration.

“The American Criminal Justice system has a well-known history of ignoring facts and relying on prejudice.”

Ewing Redmond Samuels III

10 Eye-Opening Facts About Criminal Justice

1) Mass Incarceration: There are currently over 2 million people incarcerated in the U.S., and an additional 5 million under correctional supervision (on probation or parole).

2) Race: People of color are disproportionately represented in the criminal justice system. Applying 1996 incarceration rates, the lifetime chances of spending time behind bars is 1 in 4 for African-American males; 1 in 6 for Latino males; and 1 in 23 for white males.

3) Poverty: The majority of people in prison are poor-60% of women and 40% of men in U.S. State prisons were unemployed before their arrest. 

4) Gender: The rates of incarceration for women in New York State increased by about 500% between 1974 and 2004 (more than double the rate of increase for men). The lifetime chances of going to prison are six times as high for African-American women as for white women. 

5) Drugs: A 1997 survey of State prison inmates revealed that a third committed their offense while under the influence of drugs.

6) Families: Most people who are incarcerated are parents–75% of incarcerated women are mothers; 66% of incarcerated men are fathers. Ten million children in the U.S. have a parent who is currently or was recently under some form of criminal justice supervision (incarcerated, or on probation, or parole).

7) Youth & Juvenile Justice: In 2003, 112,000 young people were in juvenile institutions nationwide, mostly for property offenses.

8) Displaced Resources: The U.S. Census counts prisoners as part of a prison county’s population–rather than as residents of the communities they originated from. Federal resources and political representation are granted based on population, so this practice displaces needed resources and political representation away from already struggling communities to the mostly rural areas that “house” prisoners. 

9) Profits: Contracts for other services-such as security technology, vending machines, and products sold at elevated prices at the “commissary,” where prisoners buy toiletries, food, and other necessities-also generate profits.

10) Voter Disenfranchisement: In most states, those convicted of felony crimes are barred from voting for a period of time after their release; in some States, they are banned for life. 

Source: Barry Chaffkin & Tanya Krupat , Coalition 2007 Conference Presentation

A Call for Change

The American criminal justice system needs a profound transformation. Lawyers should be advocates for justice, not merely participants in a profit-driven industry. This shift requires systemic changes, including better funding and support for public defenders, reforms in sentencing laws, and a reevaluation of the incentives that drive legal practice.

We must also hold legal professionals accountable, ensuring that they uphold their duty to fight for their clients’ legal and constitutional rights. Advocacy should not be a selective process based on potential rewards but a consistent commitment to justice for all.

Conclusion

The over 2.5 million people incarcerated in the United States serve as a testament to a system in dire need of reform. Lawyers play a crucial role in this system, and their motivations can significantly impact outcomes. It is time to move away from a profit-driven approach and towards a model of legal representation that genuinely prioritizes justice, fairness, and the protection of constitutional rights. Only then can we begin to address the deep-seated issues that plague our criminal justice system and ensure that it serves all individuals equitably.

Until Next Time…

I Am,

Ewing Redmond Samuels III

Prosecutorial Misconduct: Deprivation of Rights Under Color of Law

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Introduction: Shedding Light on a Grave Injustice

Today, I want to delve into a topic that strikes at the very heart of our justice system: prosecutorial misconduct. As a man who has experienced firsthand the unjust consequences of such actions, I am compelled to shed light on this grave issue.

Understanding Prosecutorial Misconduct

At its core, prosecutorial misconduct is a form of deprivation of rights under the color of law, as outlined in Title 18, Statute 242. When prosecutors, armed with the authority of the state, knowingly flout the rules, manipulate evidence, and subvert the truth, they wield immense power to destroy lives.

Historical Perspective: Grave Injustices of the Past

Throughout history, we’ve witnessed egregious cases where prosecutors, driven by ambition or prejudice, have sent innocent individuals to languish behind bars for years. These wrongful and unlawful convictions tear families apart, shatter dreams, and erode trust in our legal system.

Manifestations of Misconduct

But what exactly constitutes prosecutorial misconduct? It can take many forms, from withholding exculpatory evidence to coercing witnesses or fabricating testimony. These actions not only pervert the course of justice but also inflict irreparable harm on those ensnared in the system.

The Consequences of Inaction

Moreover, prosecutorial misconduct often goes unchecked, shielded by a veil of immunity and institutional inertia. Even when exposed, the consequences for offending prosecutors are often minimal, if any. This lack of accountability only emboldens further abuses of power.

Calls for Reform

As we confront this pervasive issue, it’s crucial to recognize the broader implications. Prosecutorial misconduct undermines the very principles of fairness and equality that form the cornerstone of our legal system. It perpetuates systemic injustices and perpetuates cycles of poverty, incarceration, and despair.

Path to Justice: Demanding Accountability

So, what can be done to address this scourge? First and foremost, we must demand greater transparency and accountability from our prosecutors. They must be held to the highest ethical standards and held to account when they betray the public trust. They must be dealt with by harsh pains, penalties and punishment as one instance indicates and implicates more than most likely a pattern in practice that is habitual and routine, business as usual.

Advocating for Change

Additionally, we must advocate for reforms that bolster oversight, promote prosecutorial integrity, and safeguard the rights of the accused. This includes measures such as mandatory disclosure of evidence, expedited reviews when found, independent review boards, and increased training on ethics and constitutional law.

Conclusion: The Pursuit of Truth and Justice

Ultimately, combating prosecutorial misconduct requires a collective effort from all stakeholderslawmakers, judges, law enforcement, and citizens alike. We must never lose sight of the fact that justice delayed is justice denied – and that includes justice for those wrongfully convicted due to prosecutorial misconduct.

In closing, let us remember that the pursuit of justice demands vigilance, courage, and unwavering commitment to truth and fairness. Together, we can work towards a future where prosecutorial misconduct is not just a footnote in history but a relic of a bygone era.

In the pursuit of truth and justice,

Ewing Samuels