12.30.11 – Last Update of 2011

I’ve been in research mode most of this week. Learning about the system that has caused this injustice is paramount to finding a solution. I’ve been testing Alexander’s case against a few other cases in which the accused was given consecutive sentencing and subsequently appealed. In most instances if the accused was a first time offender the appellate court sided with the convicted, agreeing that consecutive sentencing should be reserved for repeat and violent offenders. I’ve tested Alex’s case against ohio_v_torres (click the link to download the case file yourself if you like). Torres was a man that ran over some children and then panicked, fleeing the scene. When police found him he lied and said he was innocent. He later admitted his guilt and the judge gave him consecutive sentencing. Torres appealed the ruling based on three points of contention: 1) He was a first time offender 2) By making the sentences consecutive the total combined time he would be incarcerated was above and beyond the actual maximum sentence that could be imposed and 3) It was a violation of his 6th amendment rights to have sentencing passed down by a sole judge rather than a jury, even though he entered a plea of guilty. Torres won his appeal.

The biggest landmark case concerning consecutive sentencing guidelines was Blakely vs. Washington in 2004. You can find the wiki page to this case here. The opening paragraph says quite a bit about the entire case:

Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant(such as deliberate cruelty as in a ‘hate crime’). The landmark nature of the case (for good or ill) was alluded to by Justice Sandra Day O’Connor, who “described the Court’s decision as a ‘Number 10 earthquake.'”[1]

Blakely won his appeal.

Blakely also taught me a new term which I have under my cap: judicial vindictiveness: A judge is an impartial dispenser of justice or a neutral arbiter between the prosecutor and the defendant.

if I could I would send you to prison for every day possible. I would forget about you before I even got back to Henderson county – Judge Mark E Powell directed at Alexander on the day of sentencing

does that sound like a impartial dispenser of justice or a neutral arbiter to you? … plus, the judge gave no explanation as to why he was making the sentences all consecutive, even though Alexander was a first time offender convicted of a non-violent crime. According to my research this constitutes judicial vindictiveness. There are also factors which are currently coming into the light which may suggest prosecutorial impartiality.

I want to introduce you to a name that you will be reading quite a bit about in the coming days/weeks and months. Thomas H. Cohen. Mr. Cohen is a statistician with the Bureau of Justice and he has published a very interesting report “Who’s better at defending criminals? Does type of defense attorney matter in terms of producing favorable case outcomes” … it is Mr. Cohens conclusion that private attorneys vs. public defenders vs. court appointed counsel are all pretty much equal in conviction rate yet, the punishment rates of court appointed counsel skyrocket when compared to private and public defenders. His report goes into great detail and is available in .PDF format for you to download and read SSRN-id1876474

My next update will revolve around why that is the case. Why does court appointed counsel afford their clients more severe punishments than private attorneys or even public defenders. Think about it, very hard. My conclusions are going to reveal a trend in our current judicial system, a loophole of injustice, if you will … that even Mr. Cohen has yet to discover. We’ll dig into that in great depth, using Mr. Cohen’s report as statistical proof of my allegations, in my next blog entry.

Those that know me personally know that I’m never going to let go of this. Our son Alexander still faces 4-5 more years of unneeded, unwarranted and expensive incarceration. To those that don’t know me personally, to the new members of our audience here at htt://freealexander.org, to those just realizing that we are here, and those that are responsible for our sons misery … never presume that my apparent inactivity or silence means that I’ve forgotten what you’ve done to our son, or that it represents a fading away of this campaign. On the contrary … those are the times when I’m learning and preparing. That knowledge will one day free our son … and bring allegations of wrongdoing upon those responsible.

Expect me.

Targeted Backlinking & Upcoming Challenges

Merry Christmas to my son Alexander. I just paid a programmer to install 300 .EDU backlinks to http://freealexander.org … Backlinks, and especially highly trusted .EDU (educational) site links, are the trusted indicators google looks for when deciding how to rank a website for certain “keywords” which the programmer installs as he’s going through the process.

One of the things the programmer asks for in order to perform this task is which set of 3 keywords I want to go after. In order to determine the [exact] number of searches a month a certain keyword receives as well as the level of competition is very simple using a tool called “google keyword tool” …. I used the tool to determine the 3 keywords I want to pursue and here they are:

injustice which gets 22,200 global and 6,600 local searches per month and is low competition.

justice which according to google is “low” competition although no keyword with 673,000 global & 368,000 local searches per month can be very easy to rank for. It would be nice to snag just a small portion though.

And finally, the trump card:  waynesville nc: This keyword receives 9,900 unique and exact searches per month. The competition factor is very, VERY low. My biggest competition there will be the mountaineer newspaper and waynesvillelive … maybe some of the real estate sites …. so it’s ‘weak’ ,,, an easy target … and with these big boy backlinks, is a sitting duck. A top five or better ranking for that keyword is gonna position freealexander squarely in front of every tourist that has plans to visit the town of waynesville. If just a third of them click our link, that’s over 3,000 unique visits per month at the expense and to the detriment of waynesville nc.

It will take John 3-6 days to complete the process. In my experience within a week of his completion freealexander will completely drop off the radar for a short time, perhaps as little as a few days to upwards of a week. Then the slingshot effect which happens immediately and represents google resetting with all the data it’s spiders collected over the previous weeks crawls. Once that reset occurs and the algorithms begin to reflect the new data, we will re-emerge in our new position(s). Considering the weakness of the competition for our chosen keywords and considering the high quality of .EDU backlinks in such great quantity … we may very well own the top spot or be very near it, at which point our traffic will begin to pick up substantially.

I want to make it clear here that I have no animosity toward the actual town itself. It’s a gorgeous Mayberryesque town that I honestly miss (really miss the rec center). But behind closed doors things are happening there in the judicial system that need to be addressed. Bringing negative attention to the corruption in the courthouse there is my way of hurling boulders over the fence and making sure that Alexander Brown is a name that will stir memories of regret for every single big shot da/lawyer/judge that took part in the live skinning of my son, for years to come. The more links I add … the more faxes I send …. the more news stories that are published, nationwide, the more signatures we get with damning comments, the bigger those boulders will become. And they won’t subside until Alex is home. His return to freedom will end this, which is also a point I want to make perfectly clear. His freedom is the brass ring here … anything less is unacceptable.

We are approaching two years now since our son was taken from us. As the coming weeks and months expire this campaign will intensify until phones and fax machines ring on a constant basis on behalf of Alex.  Two years is enough. I’ll consider further imprisonment beyond the first week in february 2012 an act of aggression and hostility by the once great state of north carolina at the request of haywood county. If June 3 of next year, Alex’s 22nd birthday, comes and goes and he remains in prison, I’m going to sue the state of north carolina and the county of haywood in federal court for pain and suffering. And it won’t cost me one thin dime …

This is what I do … this is what I’ve become. This is as real as it gets.

Update on Attorney

Seven months and $1,000 of church donated money was totally wasted on the attorney that was hired on Alexander’s behalf. Ms. Jennifer Foster, an Ahseville, NC based lawyer, proved to be a terrible selection, a selection which I take most of the responsibility for. The one thing Ms. Foster did do during that time was to secure the ‘discovery file’ pertaining to Alex’s case, a file his mother and I could not have taken possession of without her assistance. I had high hopes for the relationship but it proved fruitless in the end. The last I heard from her she was demonstrating with the occupy movement and had been locked up herself for giving a magistrate a few candid pieces of  her mind.

 

Rebuttal to DA XXXXXX claims of fairness

 

What the District Attorney failed to mention is that there were 3 boys charged with the crime, yet Alexander was the only one that was held accountable for repaying $14,000 in restitution, according to the official transcript which you can download here Official Transcript 6_2_08 if you would like to read the full text. This is the official court issued transcript from 6.2.08 in which Judge XXXX XXXXXXX was presiding, assistant DA XXXXX XXXXXX prosecuting and court appointed XXXX XXXXXXX representing Alexander.

Page 8 lines 5-8, Mr. XXXXXX speaking: Admitted to having two or three other individuals with him also on that date. It’s my understanding the other two have also pled in this particular case also, Your Honor.

So two others pled guilty to this crime, yet … were not held accountable monetarily. What’s even more puzzling is the fact that the parties involved, the DA the judge and XXXXX, actually discussed this fact openly in court:

Page 8 lines 22-25, THE COURT: That restitution that you are asking for would be joint and several with anyone else? MR. XXXXXX: It would be, Your Honor, and it would be held jointly and severally with Mr. XXXXX XXXXXXXX and Mr. XXXXXX XXXXXXX.

Lets define “jointly and severally”> Under joint and several liability or all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligors for a contribution to their share of the liability.

In short terms, any one/two/three of the boys could have been, and still can be held liable for the monetary damages. To further extrapolate this point let’s read what Alex’s own attorney had to say in reference to jointly and severally:

Page 11 lines 12-18: We’ve also talked about extensively what joint and severally means, and that he could be stuck holding the whole bag for the entirety of what was done there, and he understands that, that you’re going to be looking at a hard road to hoe if you have to pay off all that by yourself, and he and I discussed that, and we actually think that’s what likely going to happen.

and to further implicate all 3 boys the judge also stated on page 17 lines 11-14:

These are the conditions of your supervised probation. First, you are to make restitution in the amount of $13,913 on behalf of XXXXX Monument, XXXXX XXXXXXX. That’s joint and several withXXXXXX and XXX XXXXXX .

???????? Why then is my son responsible for the entire $14,000? Am I missing something here?

In a despicable display of personal animosity, Judge XXXXXXX then made the following statement which I personally witnessed:

Page 14 lines 17-21: THE COURT: Well, sir, maybe you expected I would yell at you. I’m not going to yell at you, but if I could I would send you to prison for every day possible. Trumpets aren’t going to blow. I would forget about you before I even got back to Henderson County.

But, I digress. Let’s get back to the real reason Alexander was revoked: MONEY. I personally witnessed my son ask his probation officer “what if I took out a loan and paid the full amount”? Response: “YOU WOULDNT HAVE A WORRY IN THE WORLD”…….. END QUOTE

My sons probation was revoked not because he committed a crime, not because he busted out on a piss test, not because he didn’t have a GED or a job. His full sentence was activated because he couldn’t PAY THE MONEY. The money that the 3 boys should have shared liability equally for.

How much is 6-8 years of a young mans life worth? How much will it be worth to Alexander when he’s an old man laying on his deathbed to have those youthful years back? Fourteen thousand dollars? How many grave markers equals 6-8 of the best years of a persons life?

Your arguments are commendable from the perspective of a public official who knows little to nothing about the real world, DA XXXXXXXX. It’s a trait that you share with Judge XXXXXXXX when he asked in open court (page 20 lines 14-15):

THE COURT: Is this community really hurting for available employment?

Actually, we were/are in the middle of one of the worst recessions in our country’s history. Jobs are scarce, even for people without 11 felonies around their neck. Look out the window Judge. Come down from your throne and feel the need and anguish of reality that you normally cruise past in your black tinted mercedes benz.

In reality Mr. XXXXX’s accounts of what and why these things happened pass the preliminary smell test. Upon further review, which I have provided here, it becomes painfully clear that he’s simply repeating what he see’s on paper, and not what has actually occurred (as I recall, he wasn’t present on the day of sentencing, but I was). I urge everyone to do some soul searching, and ask yourself to answer the following truthfully: “If this were one of my children, would I be content that they had been dealt with fairly”.

Casey Anthony Spotted in TN

12.4.11 – Reported by Ed Brown

I was dropping Jennifer and Charlotte off at the Knoxville, TN airport on Sunday. They were boarding a flight to florida. I had said goodbye and turned back for one last blown kiss (which never came, by the way, emm hmmm). Standing on the non-passenger side of the “passengers only beyond this point” sign, I scanned the lineup of passengers when my eyes came to rest on Ms. Case Anthony about 5 passengers to the rear of my beloved(s). It was an instantaneous recognition, not the kind where you look and look and wonder. Something about her complexion, which as usual appeared to be about one bad morning away from another break out, is just impossible to miss. The hair as well, dark and constantly pulled back because she never has the time or inclination to do anything with it. But heaven forbid cutting it off, she may want to go clubbing one night, at which point it gets tended to. The low cut blouse which screamed “my hairs a mess, but look at these” … the brown suede mid-calf  “old navy-esque” boots; you know the ones, flat bottomed, in style last week but nearing their demise as a fashion statement as we speak. I noticed the guy behind her, keeping his distance (and the pictures prove it). Part of me wanted to run up to Jennifer and make sure she knew she would be flying to florida with a killer on board but then I remembered that Casey Anthony was found not guilty. So I just text her instead: “Case Anthony is behind you”. Her reply: “nunt uh!” …. which is your reply as well I’m sure so let it be known, I’m challenging Casey Anthony to come here on this blog and set me straight by repudiating my assertion that this was in fact her.

Casey Anthony sighting

Casey Anthony at the Knoxville Airport on 12.4.11 - click for larger

 

 

 

 

 

 

 

 

All I had was my phone camera so the photos suck, I admit. I had reduced the resolution intentionally so I could zoom out a few frames, although it didn’t help much. But if you’re anything like me, after seeing her mug on the tube every night for 2-3 years and witnessing her demeanor regularly, you can still spot her “aura” or “individual-ness” which is quite unique. The stench of guilt hangs around her and it always will. It’s my belief that Casey Anthony is still in prison. A much larger prison, but still prison by all regards. My son Alex, however, by the same token …. is free spiritually speaking. Yet his body and mind are forced to languish daily in a prison cell. There is an old saying that goes “It’s better for 10 guilty men to go free than for one innocent to wrongly suffer” and it’s based on biblical accounts: (Genesis 18:23-32):

Abraham drew near, and said, “Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty righteous who are in it?… What if ten are found there?” He [The Lord] said, “I will not destroy it for the ten’s sake.”

While Alex has never maintained his innocence, he was forthright with and cooperated with his accusers. He was convicted of a nonviolent crime which brought injury to no living thing, as a minor. Yet, he sits in prison while the OJ’s and the Casey Anthony’s, and the William Russell’s and the Steven Yow’s of the world go free, guilty of murder and molestation and church arson. The big picture is undeniable. Money buys freedom and the lack thereof, well … the DA has to refill that punishment quota somehow. Why not on the backs of indigents who can’t “pay to play”.

 

While you’re here on his site, won’t you please take a few minutes to read about our son’s quest for freedom and if you feel so inclined, sign his petition. You can do so anonymously and you can even leave a comment with your sig for all the world to read. We are busy faxing legislators and media outlets and celebrities and anyone else with a fax machine on Alex’s behalf, on a daily basis. Please visit our FAX for a Christmas Miracle page for more info and if you have the time send a couple of free faxes yourself, to the politician or media outlet of your choice. We’ve made it super easy to do, complete with all fax numbers, letter templates and FREE FAX software you can use right from your PC (smartfax absolutely rocks). Thanks for stopping by …  FREEALEXANDER.ORG

Canton Probation Officer Shoots & Kills Parolee

http://www.digtriad.com/news/local/article/182905/327/Man-Shot-In-Struggle-With-Probation-Officer

 

I told you it wouldn’t be long before the State Bureau of Investigation was right back in Haywood County. This time, investigating a probation officer who just this past wednesday, shot and killed one of his previous parolee’s. The story goes that the PO was checking up on some of his previous cases when he spotted the soon to be DEAD man walking down the street and recognized him as a previous client(the article doesn’t go into details, but my sources in haywood tell me it happened at the intersection of newfound st and church st in canton) . The PO approached the ex-con and a struggle for his gun ensued. The PO shot and killed the man point blank.

I don’t want to be misconstrued as soft on police, nor punishment of crimes. I’m not. I know we need police and probation officers, as well as DA’s and judges. But it amazes me that with the technologies that we are now afforded, that there is no other way besides pulling a loaded gun and ending a mans life, to stop physical resistance by an officer of the law. They are equipped with electronic tazers and pepper spray which are just as debilitating as a slug to the skull, just not as permanent.

The madness in haywood county, NC continues to unfold on a daily basis. Now, I suppose probation officers have been afforded the title of judge, jury and executioner. It’s just one more log onto a fire that is beginning to roar out of control in the mega capital of injustice named Haywood, NC.

Transcripts Complete

We received the last of 3 transcripts yesterday, July 14th from Waynesville NC and the Haywood County Courthouse. We now have all the details from the various Haywood County, NC court appearances Alexander made. We have the names of all parties involved, the dates and times, etc.

If I could I would send you to prison for every day possible. I would forget about you before I even got home. – Judge Mark E Powell speaking to Alexander and displaying undeniable judicial vindictiveness.

It is the job of a judge to be an impartial arbitrator between the prosecution and the defense, not show his ass and attempt to destroy a young life. Judge Mark E Powell is a pathetic excuse for a judge and an even worse example of a human being. He too will be judged one day very soon. I hope for his sake The Judge that oversees Mr. Powell’s trial of wrong doings has compassion and mercy on him, because judging from his behavior in court, he will be in need of much mercy and compassion.

The next 6 weeks should prove to be crucial.

Google advancments

http://freealexander.org has now been indexed 97 times by google and has been afforded an initial page rank of 1(out of 10)  … which is no small feat considering the very narrow scope of our subject material.

 

i re-checked our judge standings and we are locked in the 5th position for his name.

 

NOW, however … when I perform a google of the DA’s name … i find freealexander.org in 6th place … which was not the case the last time i checked …. see the attached screen shot ….

 

Right to Counsel in Postconviction Proceedings

In Martinez v. Ryan, an Arizona prisoner was denied the chance to challenge his trial lawyer’s poor performance because his post-conviction lawyer failed to raise the claims. The Court granted review to address whether there should be a constitutionally-recognized right to counsel in postconviction proceedings where postconviction is the first chance to raise constitutional claims such as ineffective assistance of trial counsel. Martinez also argues that his postconviction lawyer’s failure to raise the claims, without notice to him, should not be held against him.

The Court granted review in Martinez on June 6, 2011.

EJI raised a similar question in Barbour v. Haley, a class-action lawsuit that challenged Alabama’s unique failure to provide timely legal assistance in post-conviction capital cases as a violation of the rights to counsel and access to the courts. The Court denied review in Barbour in 2007, but now seems poised to consider whether, at least in some circumstances, there is a constitutional right to counsel in state postconviction proceedings.

http://eji.org/eji/node/535