FOOD FOR THOUGHT PART 33
Prosecutors are given absolute and qualified immunity, so they will not be held liable based on the performance of their duties. The messed up part about that is when you immunize government officials like prosecutors, judges etc. defendants who have been jerked around by their malicious acts cant be compensated for their injuries except In extreme rare cases (Il get into this farther at another time) Qualified immunity only protects these officials as long as they do not violate the defendants clearly established constitutional rights. In other words these prosecutors can put their things down, doing all kinds of rotten unsavoury unlawful tactics to ensure a conviction, with little worry about being fined, sanctioned or brought up on criminal charges. To make a long story short, prosecutors have absolutely no incentive, what so ever to actually seek justice as the laws and rules prescribe, but only to load up their score cards with victories, furthering their political careers.
In an earlier FFT article number 18 I talked about a prosecutor in Philadelphia, Pa (jack McMahon) that gave training classes to new D. A’s in Philly and surrounding counties in Pa. On how to keep black and other minorities off the juries. Although the state supreme court and federal district court eventually condemned those acts, it didn’t deter Bruce Sagel, the director of training in Philadelphia, Pa during a 1990 lecture from openly advocating the use of racial stereotypes in jury selection. I mean, these chumps are so bold and arrogant even after the McMahon tapes in the 1980's this clown in broad daylight, not even in the cover of darkness taught his class that an ideal jury is “12 Archie Bunkers” that is 12 racist white men,. Who will convict on little evidence. This only confirms that the McMahon videotapes is not an isolated incident. (Archie Bunker was on a comedy sitcom. His character on t.v. But in real life its disgusting) When this conduct is allowed to continue to jump off, it shows that the American judicial system is a complete joke!! The sad part about it is the average citizen really thinks the system is fair and works properly. It shows a pattern of racial discrimination in the Pa. Courtrooms that target the black community. It also gives another example of how these prosecutors so called officers of the court snub their noses at the judicial system in general and the basic constitutional rights of the accused.
Bruce Godschalk, a guy that was convicted of raping two women In Montgomery County Pa. In 1986 spent 15 years in prison before being freed, due to DNA evidence that cleared him. The prosecutor in that case Bruce Castor fought tooth and nail opposing his efforts for 7 years to get DNA testing done to prove his innocence before a federal court finally allowed it to happen, over Castors objections. Castor has a history of using every foul trick in the book to ensure a conviction, I know first hand because in my second trial he prosecuted me, so I'm a victim of his crooked, deplorable actions. The point I'm Trying to make in this situation is the prosecutor knew Godschalks confession was coerced which he later recanted. Castor also knew one of the victims could not even identify Godschalk and the other victims identity was shaky. The whole case was flimsy, to say the least and Castor was scared to death of the results of the DNA test, so instead of him wanting to seek justice, as his oath required, he chose to allow an innocent man suffer in prison for 15 years. What kind of monsters are we working with in the Pennsylvania judicial system!!
In another case Montco's D.A. Bruce Caster was involved, not long ago, a chef (Guy A. Sileo jr.) at the General wayne Inn, in Lower Merion, township in Montgomery county. They flipped this guys case because of an instruction that wasn’t given by the trial judge, if you read the opinion and all the issues the defense briefed and argued, this case could have been overturned for numerous other reasons. Anyone with even a “kindergarten law game” could have peeped all the injustices the defendant received at his trial, due to the prosecutors dirty tricks and unsavory acts, which are too numerous to get into now, but fortunately the appellant courts did it's job, however the new D.A. Risa Vetri Ferman appeal it to the next higher court.
The actions of this prosecutor and so many others across the country is the kind of conduct you would expect from a state hospital patient or a degenerate criminal , not from a professional elected official we trust to maintain Law and Order.
The state of Penna. Is not only infested with many crooked prosecutors, they also have plenty of judges that are no more than criminals themselves. A while back in August 2009 it was reported in the news about two Luzerne County Judges admitted to taking bribes of severel hundred thousand dollars to send juveniles defendants to a private institution. Most of the kids were not even represented by counsel. Thats crazy, these are our Judges.!!
Then more recently last year in 2011 there were reports of two other judges in Penna. Involved in altering trial transcripts. This is crazy how can a defendant get the appropriate appellant review of the issues, if the judges are removing stuff or doctoring the transcripts. A defense attorney (Noah Geary) claimed to the Pa. Last week that a Washington county judge (Debbie O'Dell-Seneea) ordered her court stenographer to alter trial transcripts in a 2008 murder case.
The other case, where the judge Rennee Cardwell Hughes was removed from a death penalty case by the state supreme court for getting her stenographer to remove a disparaging remark she made about the defendant. One of the supreme court justices called her admissed actions “Reprehensible”. I happen to know the defendant Daniel Dougherty (Doc) that judge Renee Hughes doctored the transcripts and he has maintained his innocence ever since I’ve known him and he still sits on the row as I speak due to in part the actions of this crooked judge. No one really knows how often this jumps – off. I'm sure it's not always caught. ONE thing for sure these are not isolated incidents and it occurs much too often in the courtrooms across America. How can we trust a system with all these flaws to administer the death penalty or lock people up for life or a bunch of years when tactics like what I've mentioned jumps off so regularly.
To Be continued. Power to the struggle!!
ROBERT FISHER AS-1738
175 PROGRESS DRIVE
“Food for Thought” is a new series of articles that will appear on this site periodically, mostly speaking out about the death penalty, other injustices in our legal system, things effecting America and how America's program effects our global community in general. It is written by a railroaded, wrongfully convicted person (Robert Fisher) that has been in various Pennsylvania prisons, on death row, since 1988 and is currently on the row in Waynesburg, Pa.