Posts Tagged :

unlawful

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.

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

Shedding Light on the Dark Realities of the Foster Care System

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Introduction

In our society, the foster care system stands as a pillar of protection for children facing abuse and neglect. Yet, beneath its noble facade lies a troubling truth: many of these vulnerable children, taken from their homes in the name of safety, are thrust into environments where they face an increased risk of sexual abuse and exploitation.

Facts

In 2019 there were an estimated 400,000 children in foster care. Of those children, it is estimated that up to 40% of them had experienced some type of abuse within the system. In the United States it is estimated there are 57,329 child victims of sexual abuse each year. One 2019 foster care report noted that out of 423,997 children in the foster care system, over 46% were in nonrelative placements. Black children experienced more maltreatment than White children in multiple categories and were also noted to have higher rates of predictors of maltreatment by the NCIS software. In 2019, 23% of children in foster care were Black, 21% were Hispanic, and 8% considered multiracial, with 44% of children in foster care identifying as white. Foster care was formally established by the federal government in the Social Security Act of 1935. Up to 90% of sexually abused teens admitted to instigating violent behavior. Preferred Citation: Abigail Hessing. “Sexual Abuse of Children in the United States Foster Care System” Ballard Brief. February 2022. www.ballardbrief.org.

The Pervasive Nature of Sexual Abuse

Studies conducted across different regions unveil shocking figures. In Maryland, research from John Hopkins University indicates that children in foster care are four times more likely to experience sexual abuse than their peers outside the system, with those in group homes facing an alarming 28-fold increase in risk. Similarly, findings from Oregon and Washington state reveal that nearly one-third of foster children report abuse by a foster parent or another adult in the home. Even investigations in New Jersey foster homes cast doubt on the safety of these environments, with researchers concluding that no assurances can be given regarding the well-being of foster children.

The Connection to Child Sex Trafficking

Perhaps most distressing is the connection between foster care and child sex trafficking. More than half of the minors rescued from trafficking operations in 2013 were from foster care or group homes, highlighting a systemic failure to protect these vulnerable individuals from exploitation.

Racial Disparities

Moreover, racial disparities further exacerbate the injustices within the system. African American children are disproportionately represented in foster care, comprising over one-third of the population despite accounting for only 15% of all children. Women of color are more likely to be reported for child abuse and neglect, leading to a higher likelihood of having their children removed from their care.

Defining Neglect

In many cases, the definition of neglect itself perpetuates systemic injustice. Factors such as homelessness or financial instability are often used as grounds for removal, further entrenching racial and socioeconomic disparities.

The Need for Reform

The foster care system, like any institution, must be held accountable for its failures. Stricter screening of caregivers, robust protocols for investigating abuse claims, and increased prosecution of perpetrators are crucial steps toward ensuring the safety and well-being of foster children. Prosecutions and arrests must include the child care operatives themselves. On a personal note, in my case and while I was in jail and prison, most prisoners I found had a background from being in the foster care system that included abuse, while in the system, which eventually led to drug and alcohol abuse, and crime. The State authorities are ultimately culpable and are to be held accountable under international laws and universal jurisdiction.

Conclusion

As we strive to build a society where every child can thrive, we must confront the uncomfortable truths lurking within our child welfare system. Only then can we truly fulfill our obligation to protect the most vulnerable among us and provide them with the nurturing, supportive childhood they deserve.

Respectfully,

Ewing Samuels

The Harrowing Reality of Kidnapping: A Personal Account of Injustice in Arizona

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Introduction:

Kidnapping is a crime that strikes fear into the hearts of families worldwide. It’s a violation of the most fundamental human rights, tearing loved ones apart and leaving lasting scars. However, what happens when the perpetrators wear badges and operate under the guise of law enforcement? This is the chilling reality that I faced when my son was taken from me by authorities in the State of Arizona.

The Facts of Kidnapping:

Kidnapping, as defined by both state and federal statutes, involves the unlawful transportation, restraint, or confinement of an individual against their will. It’s a grave offense that carries severe penalties, rightfully so given its impact on victims and their families.

State and federal laws provide clear guidelines on what constitutes kidnapping and outline the consequences for those found guilty. These laws are meant to protect individuals from such heinous acts and ensure justice is served.

18 U.S. Code § 1201 – Kidnapping

(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—

(2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States;

(c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.

The Arizona Incident:

On March 21, 2016, I experienced every parent’s worst nightmare when my 5-year-old son was taken from me by authorities in Arizona. Despite having evidence to the contrary, including proof of proper care and guardianship, my son was unjustly deemed to be in “neglectful” conditions.

Detective Marchele Miller, Detective Christopher Gitsch, Officer Todd Stevens, and Sergeant Heather Howell Maldonado, and the City of Phoenix Police Department, along with individuals from the Arizona Department of Child Safety, conspired to fabricate evidence and unlawfully separate a father from his child. Their actions were not only morally reprehensible but also constituted a blatant violation of my rights as a parent. I have even more substantive documents on the Arizona Department of Child Safety as this State agency, the year prior, was directly involved and responsible for the rape and molestation of over 500 children within state custody and tried to cover up these crimes by threatening anyone of reporting this to the media. The proof of the State changing the name from CPS to DCS indicates and implicates serious wrongdoing and cover-up.

The Cover-Up:

What makes this case even more disturbing is the blatant cover-up orchestrated by those involved. Instead of upholding the law and protecting the innocent, law enforcement officers and child safety officials chose to manipulate documents, fabricate evidence, and conspire against my legal rights.

The irrefutable evidence I possess exposes the extent of their wrongdoing, highlighting a systemic failure within the justice system to hold those in positions of power accountable for their actions. I filed the Motion For Judicial Notice, pursuant to Arizona Rules of Evidence 201, as indicated below, yet NO judge at the Superior Court of Maricopa County has answered this, even though their own state court rules and Arizona Constitution indicate the Court must answer motions in 30 days. It’s 2 years now. The record is the proof.

Seeking Justice:

In the face of such injustice, I am determined to assert my legal, constitutional, and human rights. Armed with undeniable proof of the malicious intent behind my son’s abduction, I am fighting tirelessly to bring those responsible to justice and reunite with my child.

Convention on the Rights of the Child: (United Nations)

SPECIAL NOTE: The United States has not ratified the CRC despite its active role in drafting the treaty.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. 

Conclusion:

My story serves as a sobering reminder of the dark realities of kidnapping, particularly when perpetrated by those entrusted with upholding the law. It underscores the importance of holding individuals and institutions accountable for their actions and fighting for justice in the face of adversity.

As I continue my quest for truth and justice, stand in solidarity with me, hoping for a resolution that brings healing and closure to my family. It’s imperative that we shine a light on cases like his, ensuring that the voices of victims are heard and that the perpetrators of such egregious crimes are held accountable. I will not rest until.

Regards,

Ewing Samuels

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