Reporting for Jury Duty: Watching and Learning

Posting again from draft, mainly because the voir dire process matters, at least to Ghislaine Maxwell today and to me in the distant past!

 

On Wednesday, October 8, 2014, I had to report for jury duty here in Brevard County, Florida. I think anyone that's read this blog or knows me at all knows there's not a chance the state would put me on a jury, at least not for a criminal case. I do have certain personal obligations that would have allowed for an excusal for cause, but decided that I would at least attempt to meet my civic responsibilities.

It was an interesting day. I awoke at 4:30am and started the day by drinking two double espressos at home. I arrived at the Moore Justice Center in Viera around 7:30am and had my first cup of coffee almost immediately and followed-up with four or five more cups and a coke before making it to a courtroom around 1:30pm. Just so you understand, I slept less than 3 hours before doing all of that.

Could I have passed a Field Sobriety Test?

Judge Cathleen B. Clark controlled her courtroom well and she was nice - something I never thought I'd say about a judge. While I abhor the system she chose to work in, I admit that we need more like her instead of what we usually get. Judge Clark was liberal with both the state and the defense during voir dire, allowing more time for questioning of the jury pool than my own judge in my racketeering and conspiracy trial. Seriously. Perhaps equally as long as Paul Bergrin had to question the jury pool in his massive federal case.

By this point, you may realize that this was a DUI trial. As a longtime LEAP and NORML supporter, I really do not know what a Field Sobriety Test (FST) is, but I didn't want to sound completely clueless and ask. Well, I just Googled it and it's exactly what I thought it was, so that's a good thing. It's the test that cops give at a traffic stop if they think you are intoxicated - stand on one leg, walk and turn, check your eyes etc.... At one point the jury pool was asked if we could think of any valid reason not to submit to a FST as a driver. Most potential jurors came-up with at least one reason. I offered several in the course of the conversation. At the time, I thought a breathalyzer was a FST also, and perhaps it is, but can't find any info on it now.

I stated that I wasn't entirely sure that I could pass a FST at that moment. So much coffee / caffeine and so little sleep had me blurting out numerous thoughts as we progressed through the voir dire. If you know me at all, you know I'm weird enough to say what I really think just about anywhere. Of course I tried to guard my inclination to be too brutally honest at the wrong time as I believed the defendant might need someone like me on the jury, someone that knows what the state is really all about, someone that knows what time it is.

As it turned out, most of my fellow citizen jurors knew what time it was too. That's a good thing and I can only hope that the defendant was acquitted. He looked to be my son's age and I doubt that he would have taken it to trial if there wasn't too much at stake. I do not recall his last name or I'd look-up the case in the clerk's office online.

It was easy to figure out some of the issues with the case by the questions the prosecutor and the defense asked. I'll start by stating that the case should never have been filed to begin with. This seems to be par for the course in Brevard County, Florida. Cops here will arrest a ham sandwich and force the victim defendant to prove innocence or prove a negative, at least this holds true if you're not one of their informants. On the other hand, their informants get away with murder - literally.

Issues of the Case

Now this is my perception of the situation derived from the questioning of the jury pool and is not absolute. At the end of voir dire, I was excused (go figure), so I am not aware of all the facts:

The defendant refused Field Sobriety Tests.

The Palm Bay PD cops neglected to make a video recording.

The only witnesses were Palm Bay PD officers.

The defendant refused whatever plea deal the state offered.

The defendant did not intend to testify in his defense.

The state really had no case.

Much of the questioning in voir dire focused on potential juror trust of law enforcement and discussions were geared to reveal encounters and past experiences with cops. Good grief. For a moment, imagine me attempting to respond to some of these questions without mentioning my previous case and without lying. Not an easy tightrope to walk, especially when you have had as much caffeine as I did that day.

At one point there was no way around a response that I did not trust cops and would never give permission for anything for any reason, such as a FST or a vehicle search. But I was not alone in those thoughts, which was a learning experience for me. I didn't realize how many of my fellow citizens have suffered at the hands of an overzealous cop hellbent on locking them in cage or simply harassing them. It did take some time for most to open-up about their experiences and thoughts though and perhaps that's why the judge allowed so much time for voir dire.

So what did I learn?

Mainly I learned that the state will take anyone to trial regardless of the quality of the evidence. In my case they went for quantity versus quality. In this case it was just slim pickings. The state expected the jury to simply believe what the Palm Bay PD officers stated, with no corroborating evidence whatsoever. Now that's scary.

With such a flimsy excuse for evidence there's no way in hell I could have come-up with a guilty verdict. At the time, I was reminded of a joke:

How can you tell when a cop is lying? He opens his mouth and speaks.

When a cop is testifying they don't call it testilying for no reason. Cops falsify arrest reports and statements and commit perjury on the stand with impunity - that's a fact!

I always thought that DUI cases were based on scientific evidence, not the word of cops making their quota for the night. I stated something to this effect when the prosecutor was asking questions that reflected no evidence in the case. The prosecutor sort of brushed it under the rug. She was nice - certainly far more personable and nice than my persecutor, John Craft, formerly with the Statewide Prosecutor's Office and now an Assistant U.S. Attorney. She was not intrusive, but it was obvious that the state was shopping for a jury of cop-lovers.

If you believe cops just because they're cops, you would convict this defendant, but if you were me, well, he would have been acquitted or it would be a hung jury - take your pick. I don't care how long we all had to return to the courthouse, I'd never, ever convict on the word of a cop. I'm not that stupid. I learned what time it was long ago.

During voir dire there was a second prosecutor that spent most of his time on a laptop and pointing to stuff for the lady prosecutor as she questioned us. I must imagine that he was searching Google and Facebook for jury pool names, including my own. If he looked at my FB timeline, he probably saw this:

Rob Hustle - Call the Cops 

I also learned that the very great majority of jurors / citizens expect to hear from the defendant. Of course I already knew that from my own case. If the defendant doesn't fill-in the blanks for the jury, the prosecutor will. And yes, I testified in my defense in my case and was drilled and screamed at for most of an entire day by a very experienced (and overzealous) prosecutor. We had arguments and screaming matches while I was on the stand - literally.

So hopefully I got over my PTSD concerning the court people and courthouses by confronting the issues head-on with this jury duty. I even laughed with a cop today, which is a first in a long time (at least 12 years) for me. As reluctant as I was to go, I am happy that I did. I learned more than I'll say, but I'm one of those people that's always testing, searching for vulnerabilities, and I found what I was seeking.

I also met some nice people and had lunch with a couple of wonderful women. A big shout-out to Carolyn - it was great discussing Paris and the rest of Europe with you. Good times, no doubt. And a big hello to Noella, retired corrections officer... I've never encountered a corrections officer that was not nice to me - well, one of many when I was arrested - but I understand it's a job and a lifestyle. It was great to meet you both!   

For the record, I wouldn't Call the Cops if my neighbor was a serial killer!

Close Guantanamo Camps Now

There is currently an operation underway to demand that the concentration camps at Guantanamo Bay be closed forever. Truth be told, this offshore hellhole should never have been opened to begin with and it is a disgrace to anyone in the world that has a sense of reasoning and fairness. There has never been justice for anyone in any of these camps and it is far past time to close its doors forever and release all prisoners.

President Obama made a promise prior to the 2008 election and now we need to demand that he keep that promise. You know what they are doing to the prisoners in the Guantanamo Bay camps and your silence makes you complicit.

For more information on how you can do your part to demand this dump be closed forever, visit:

We are closing Guantanamo Bay for good

I can tell you that after 5pm EST the White House stops answering telephone lines and there is no system in place to leave messages except via the fax #. Please make your calls on Monday, 20 May 2013, if you have not already. This operation is supposed to be 17-19 May, though it should be extended until the camps are closed. Please sign the petition if you have not already.

There are those that blame Congress for blocking President Obama's intended closing of the camps, but I do not buy it. If you do, then dial your congressman today, tomorrow, and every day until GTMO is closed.

The existence of this offshore concentration camp is an outrageous slap in the face to US citizens and the rest of the world. Demand it be closed forever!

Drug War Failure: The Case of James Martin Malone

While researching in PACER last night I decided to download numerous documents in the James Martin Malone case. Malone was a fugitive for 22 years and lived in Ecuador until his arrest earlier this year. He originally went to trial in the case, but fled before the trial was over and the jury acquitted him on one count and convicted him on the other. On 26 September 2012, he was sentenced to 262 months (almost 22 years) in federal prison.

Here is a man that lived a productive and peaceful life in Ecuador for almost 22 years while a fugitive only to be brought back to the US at great expense to be incarcerated for the next 20+ years at an even greater expense. I am curious how much money was spent to arrest and extradite Malone to the US. There should be an accounting of expenditures for all of those involved. If you read Drug War Profiteers not the usual suspects, then you'll have an idea where all of the money ended-up.

James Martin Malone had a relatively minor role in a case sensationalized to support a government agenda. In short, he was a part of a set-up by a DEA confidential informant (CI). To understand his actual part, refer to pages 5-6 in this document:

Malone objection to presentence investigation 31 May 2012

If you have read the relevant two pages, you're now aware that Malone did not actually import the cocaine and had no part in the importation. His co-defendant in the case and the CI were the importers and Malone just picked-up his co-defendant at the marina, some of the cocaine was loaded into his trunk, and then they drove to the co-defendant's home. He was arrested the following day. Basically, Malone was just a driver that transported the co-defendant and his drugs to a residence.

Somehow the government managed to justify charging Malone with conspiracy to import cocaine. If actually importing the cocaine there is a 20 year mandatory minimum sentence. The statute reads 20 to life for the particular count of importing cocaine, but Malone was acquitted in trial on that. The jury verdict never attributed a specific amount of cocaine to Malone and that alone should eliminate the 20 year sentence. It is possible that the sentence will be overturned on appeal, but if it is not, it's probable that Malone will die in a US prison.

I have seen far too many of these mandatory minimum drug conspiracy cases to remain silent and have been a supporter of Families Against Mandatory Minimums (FAMM) since its inception in the early 1990s. Often it is the low-level participant that ends-up with the most serious sentence. Participants at higher levels usually have enough information and assistance to exchange for much better deals.

In this case, there is little doubt that the CI was caught-up in his own serious charges and turned informant, setting-up an unknown number of people for the agents. There is no CI named in any of the documents and never will be; however, the entire scenario fits a CI that I used to know. All of the elements are there: the year of 1989; Moore's Island in the Bahamas; transported to a Miami marina.

The CI that I used to know (long story) was working for the DEA in Miami and setting-up people to import cocaine from Moore's Island area in the Bahamas to Miami via cigarette boats. Remember those? He had been busted in the Bahamas in a messy case involving a freighter commissioned by a group of Colombians and faced a life sentence when he began working with the DEA. Of course he took everyone down with him, and a couple are serving life sentences. In the end and as a result of his substantial assistance, he served just under 10 years in a US prison under an alias.

So anyway, here is James Martin Malone living a peaceful life in Montanita, Ecuador with his wife and now adult child when he was arrested. There are numerous letters in support for Malone in the case file and he was a family man, entrepreneurial business owner, contractor, and often helped the indigenous people in the area. The man was a peaceful surfer. Now he is remanded into custody to live the rest of his life in a US prison, unless the sentence is overturned on appeal, but even then there's little doubt that he would face at least 10 years.

This case elicits various emotions including sadness and anger. Malone is far from alone. The US War on Drugs has, undoubtedly, sucked more lives down the proverbial drain than there are deaths as a result of using those drugs. The so-called cure is far worse than the problem.

Updated on 9 November 2012 @3am:  Mr. Malone (Martin) has contacted me. He has a blog set-up by his family with his contact information for friends that wish to contact him: James Martin Malone

Martin is currently in a federal facility in downtown Miami, but expects to be transferred in the next week or two to a Central Florida facility. If you want to contact him via snail mail, it is best to wait until the transfer is complete. I will update this post and I'm sure the information will be posted on Martin's blog as well.

Censored by PayPal

I awoke today to read the following email from PayPal:

We are hereby notifying you that, after a recent review of your account activity, it has been determined that you are in violation of PayPal's Acceptable Use Policy regarding your sales / offers of an ebook about escort services on blueprintforanescortservice.blogspot.com.

Therefore, your account has been permanently limited.

Under the Acceptable Use Policy, PayPal may not be used to send or receive payments for certain sexually oriented materials or services or for items that could be considered obscene.

It is a trick statement as all of my books are “about escort services” including Memoirs. All are also sold on my website, The Accused Madam. I only had funds from the last three sales in the account so the balance is $30 after PayPal took its fees on the three sales and adding the previous balance of $2.

The censors at PayPal must not want anything sold that isn't for children. Does Disney own PayPal or a piece of the company?

Nothing in any book I have written could possibly be considered “obscene” or “sexually oriented material”. My books are all intended for an adult audience, but if they were rated they would all be PG or at worst R. There is nothing sexual in any book I have written.

Screw the censors at PayPal.

When I login to my PayPal account I see the following notification:

Why is my account access limited?

Your account access has been limited for the following reason(s):

• Jul 10, 2011: When you signed up for your PayPal account, you agreed to our User Agreement and Acceptable Use Policy. Because some of your recent transactions violated this policy, we've had to permanently limit your account.
  
  Please remove any references to PayPal from your website.
  
  You'll be able to withdraw any money in your account 180 days after your last transaction. We'll email you when it's ready to be withdrawn.
  

My email response to aup@paypal.com:

Nothing in any book that I have written could possibly be considered "obscene" or "sexually oriented material". While the intended audience for my books is adult, if anyone were to read and rate any of my books they would each be a PG or at most an R. There is nothing sexual in any book.

What you are doing here is incorrect, but this is the US and I respect your right as a company to not do business with anyone you choose. Welcome to Amerika, the new Disney, where everything is for children and adults do not exist except in relation to children.

Screw PayPal's censorship of me and my books. So you manage to stop me from selling ebooks that are available from Google ebooks and in Amazon's US, UK, and Canada Kindle stores and as paperbacks through any bookstore. Thanks a bunch and screw you.

Vicky Gallas

Portrayal of Bradley Manning in US Media

I used to enjoy PBS Frontline shows and have watched many over the years, but not after last week's show aired on Bradley Manning. Half of the show was about his personal life prior to his wrongful detainment and I wouldn't know what the other half was about because I sure as hell didn't watch it. The attempt to paint a man that allegedly risked his life and lost his freedom so that we may all know the truth about the faux War on Terror as a mentally incompetent with juvenile level issues is abhorrent.

I'm with Lulzsec all the way here: Fuck PBS and the Frontline show and the horse they rode in on! The reputation of this broadcaster and this show was just flushed down a toilet by anyone with a brain.

Yep, the good news is that Lulzsec hacked the PBS website, posted thousands of passwords, and included an article about Tupac being found in New Zealand. Don't you love it? I did. I only hope they've covered their tracks well because an angry mob of US pro-war profiteers with all the money in the world should not be taken lightly. The thought sends shivers up my spine.

While I'm at it, fuck that stupid twit Adrian Lamo too. This idiot and his falsified chat logs and his bullshit concern for possible lost lives is nothing but a US military tool. A lousy informant assigned a military handler that will pull his puppet strings. Get a fuckin' backbone you stupid piece of crap.

I'm sure we can look forward to US military sock puppets twisting this story beyond recognition for the sake of the brain-dead in this country.

FREE BRADLEY MANNING!!!! If you can't do anything else, please donate to Bradley Manning's defense on the Bradley Manning Support Network website.

Reflections on Better Times

Mont Saint-Michel

Monaco

Few that stop by this blog know anything about me except how I feel about the US criminal justice system and its voluntary participants and perhaps many do not care. I have actually had people email me stating that they find my life story interesting and I must correct each as this terrible experience from Orlando is so far from my life story, but most of you guessed this much, hopefully.

I have not kept it a secret that I do not like life in the US and consider it a terrible place to end-up. If not for obligations in my life I would be long gone. I described my thoughts best in Third Culture Adults.



Mont Saint-Michel street

The images herein are all from Wikimedia Commons and the photographers are listed at the conclusion. I have had a serious interest in history since a child and actually have over 70 undergraduate credits in history courses (76 I believe without actually looking). All images are from places that I have lived or visited often prior to coming to the US.



Frankenstein Castle

At one point (in 2006) I had intended to exit forever – sometimes one must be where they want to be. It was my desire (it still is, I'm sure) to purchase a château outside of Paris and restore it, adhering to historical specifications. This is something that I studied in-depth. You see, you have already learned something new about me.



Benidorm

Believe it or not, such properties (in need of restoration) can be found for less than many houses in upper middle-class neighborhoods here. What did I intend to do with this château once the work was completed? This was up for debate and dependent on investor ideas because I sure couldn't pay for it all by myself. I did actually have a couple of parties interested in the investment.



Place de la République, Paris

Perhaps I would do something similar to what Pierre Cardin did with the Marquis de Sade's château (Lacoste). Really I considered turning it into a private member-only club with a helipad – you must use your imagination on the type of club; I did.



Neuschwanstein Castle

On that note I will say goodbye for now and leave you with some images of my favorite places in the world.





 
 
 
Image credits:
 

 

Place de la République, Paris 2006,  ayustety
Mont Saint-Michel Street 2006 - Wife of Semnoz - June 2006)
Mont Saint-Michel in Normandy (Manche), France at night 2006, Benh LIEU SONG
Castle Neuschwanstein at Schwangau, Bavaria, Germany 2006, Konrad Kurzacz
Benidorm by night from Gran Hotel Bali (floor 33) 2010, FDV
Castle Frankenstein (Palatinate), viewed from East 2005, Photographed by Emil
Monaco 1999, Senet

My Blueprint Books: Expounding on the Issues

This discussion is about Blueprint for an Escort Service and it is not a book ad. Our world has many people that despise adult business for one reason or another. Sometimes the reasoning involves religion and other times it is the result of a bad experience or media hype. On occasion there is an agenda-based hatred for adult businesses of various types. I will address all of the stated reasoning here.


Why did I write and publish Blueprint for an Escort Service?

In all honesty my main reason was that Memoirs of an Accused Madam has never been a seller – the original or the second edition. Writing Blueprint was an idea that popped in my mind when I asked myself what type of books do sell these days. I wrote it in 3 weeks and by the end of week 4, I was looking at a paperback. The subsequent Blueprint books – Blueprint 2 and Complete Blueprint – were an answer to thoughts and questions concerning the original book. Blueprint 2 is mainly about doing it all on a budget and Complete Blueprint combines the two with some updates. They haven't hit the mainstream at this point, but they do sell decently for self-published books.

My secondary reasoning was to bring a level of professionalism to the escort business that often does not exist because of the lack of information out there. It was a closed club of sorts, but it isn't anymore. The few people that have information to sell in a how-to form charge a high price and do not necessarily offer the best information. Look at it this way: Someone in the business has nothing to gain and everything to lose by helping others enter the business. Someone convicted on charges involving an escort service has information with little appeal as obviously they seriously screwed-up.

Finally, the information is now at your fingertips if you want it. I managed to make opening an escort service something that anyone can do. I made it all accessible and took the mystery out of the equation. For $9.99 (ebook) or whatever amount Amazon is currently charging for the paperback, anyone can enter the escort business.

Why would anyone want to open an escort service?

There are many possible reasons, but most involve a need to survive and cover more than just the basic bills in life. The great thing that I have watched happen since Blueprint was published is that professionals are giving it a second look and getting into the business.

I have had the pleasure of corresponding with plenty of professionals or professional types that are the best thing that could ever happen to the entire industry. I cannot be too specific here, but I'll give you an idea: 

• A really great guy in the NE US that could barely survive after alimony and child support were paid every month
• An unemployed white collar professional in a major SW US city
• An advertising and marketing professional in Los Angeles
• A website designer in NYC
• A professional consultant in Las Vegas
• A security guard in Houston that couldn't pay the basic bills
• An unemployed couple in NYC that was on the verge of foreclosure
• A restaurant owner in the Midwest US

The list goes on and on, but the one trait that each person has in common is that they're entrepreneurial. They enter the business with enough knowledge to do it all correctly and earn a great living, but also know they'll never make $millions as bullshit ads claim or many in the general population seem to believe. If one operates correctly there are not $millions to be made – it is that simple.

Joe Scam the pimp has little interest in my book and if he does purchase it, it is highly unlikely that he'll follow through anyway. Why? Because doing it all correctly is far from easy and Joe would make much less money.

So what are cops saying?

The general consensus among police agencies is that I offer information that is about “legally circumventing the law” as it pertains to the escort business. The first question that I must respond with is: Why? Don't you want escort agencies to operate professionally and legally? Of course the answer is already evident – they do not want escort agencies at all.

The failure of that entire idea is that escort businesses will be around whether they want them or not. According to these people all escort services are fronts for prostitution and shouldn't exist at all. My response to that is that they should be attacking state and local authorities and getting that definition on the books legally, or just shut the hell up. Many are religious zealots like Sheriff Grady Judd and his troop of followers.

I have heard from Judd himself before. I would be lying if I said the call had zero effects on me – no one in their right mind wants to be booked into Polk County jail and put through hell for the next couple of years. I quickly overcame the effects though, so no issue. I know that they couldn't get much of a bond because I have proved that I show-up in court whether anyone wants me to or not. And a bond is all about making sure the defendant appears, right?

If ever arrested over my Blueprint book I would make the arresting agency the laughing stock and prevail in the end, so not much to lose there. Memoirs would sell then for sure, which is what none of them want.

End Results

Plenty of old school agency owners in that previously closed club have lost their grip on the business. As it turns out, me and my Blueprint books are more effective than any law enforcement agency in history as their escorts desert in droves. The stranglehold that many had on the business for so long is finished. Yes, I am aware of specific incidents and transformations in US cities, but do not have the liberty of expounding on the topic.

I think I will take all of the attacks on my books and my person with a cup of salt. I do thank my few defenders.

Third Culture Adults

I admit that I have never adjusted to life in the US, and if I had a choice I wouldn't live here. Many people consider me to be un-American, to say the least, and I have been attacked on the topic more times than I care to remember. There is nothing like being told to leave the country when you disagree with poster statements on a forum – as if I could, right? Of course it is always stated obnoxiously, but the translation in my mind has always been, "You do not think like I do and therefore you are un-American. Get out and don't let the door hit you in the arse." I actually had one poster offer to pay for my one-way flight, but of course the person didn't come through with real information. (yes, I asked).

Incidentally, those statements that I disagree with usually involve the US invasion of the Middle East and the "support our soldiers" assertion parroted by so many Americans. Their favorite take on it is always, "Even if you do not support the war, you must support our military." The hell I must. Supporting volunteer soldiers is no different than supporting the illegal occupation of the Middle East, and sorry, but I'm not going to pretend to consider this acceptable; not to sell books on Amazon and not to make anyone feel warm and fuzzy about me. Really I do not give a flying crap what anyone thinks of me – that is a fact that you could take to your fact bank.

One early morning this past week an Amazon forum poster took the time to tell me about "Third Culture" kids and adults, and this was the most helpful information that anyone has ever given me since I have been in the US. Wow! There is a coined term for what I feel, what I am, why I disagree with Americans all the time, and why I have never adjusted to life in the United States! It was a shocker for me as all along I considered that it must be me, and what a depressing thought. My contradictory thoughts of being a foreigner in a foreign land are now reconciled.

The Amazon forum poster was so kind as to furnish a link to a website on the topic and offered a book recommendation. I think the poster is female and figure that she must be another one of us third culture kids to be as knowledgeable as she is on the topic. The Third Culture Kid (TCK) website has lists with 500+ answers to:

You know you're a TCK when…

- “Where are you from?” has more than one reasonable answer.
- You go into culture shock upon returning to your “home” country.
- Your life story uses the phrase “Then we moved to…” three (or four, or five…) times.
- You know how to pack.
- You have the urge to move to a new country every couple of years.
- You wince when people mispronounce foreign words.
- You don’t know whether to write the date as day/month/year, month/day/year, or some variation thereof.
- Your minor is a foreign language you already speak.
- When asked a question in a certain language, you’ve absentmindedly respond in a different one.
- You think that high school reunions are all but impossible.
- You realize what a small world it is, after all.

I am sure that you have the idea anyway.

On that note, I am seriously sick and tired of Americans calling me un-American just because I disagree with their own indoctrinates in American society. It is an indoctrination in which I did not participate.

Image © 2007 S. Greg Panosian / © 2010 iStockphoto.com