Exposing a system of slavery when slavery was thought to be abolished
Author: David Files Contributors: Toree Jones, Brian Chiarizio
UNITED STATES CONSTITUTION
Sec. 1. [Slavery prohibited.]
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Sec. 2. [Power to enforce amendment.]
Congress shall have power to enforce this article by appropriate legislation.
The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several states by the thirty-eighth congress, on the 1st of February, 1865, and was declared in a proclamation of the secretary of state, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six states, viz.: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania,
Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota,
Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New
Hampshire, South Carolina, Alabama, North Carolina, and Georgia.
What you are about to read will be shocking to some, lived through by many, and unbelievable to others. The informaton in this Newsletter is true and completely factual. It is with full intention to open the eyes of the public and expose the State of Alabama for its corruption, racist ideology, and prejudicial practices. The Alabama Crimnal Justice System was built upon racist ideology. For proof of this fact you should look no futher than the U.S. Constitution Amendment 13 and understand the mindset of that era especially in southern slave states following the Civil War.
In the not so distant past it was the State of Alabama and Governor George Wallace who sadly led the efforts to continue segregation and suppression of African American Civil Rights. In 1978 Charlie Graddick was elected as the Attorney General and proudly served under Governor Wallace. Unfortunately today in 2020 the name of the Governor may have changed but the same racist ideology hasn’t. It is well documented of acting Governor Kay Ivey’s shameful, unacceptable, and racist act of wearing blackface. Governor Ivey was reluctant to come forward and offer an apology for her actions. When she did she asked for forgiveness and to be given another chance denouncing her past. Yet Governor Ivey refuses to miss an opportunity to express her wishes to build 3 new mega prisons. Not only has the Governor’s office kept a racist ideology which is evident by the Governor’s seal still bearing the Confederate flag. It runs rampant throughout the Criminal Justice System. Governor Ivey named Charlie Graddick, former Attorney General under Wallace’s regime, as the Director of Alabama’s Board of Pardons and Parole in 2019. Im sure Graddick is proud to sign his name on documents that still bare images of racism such as the rebel flag which not coincidentally is still to this day proudly displayed on the seal of Alabama’s Board of Pardons and Parole.
In the ’80’s as Alabama’s acting Attoney General Graddick made statements such as “he should have went in there and shot every one of them” referring to Alabama inmates at St. Clair prison. This remark was to then prison Commissioner Freddie Smith who chose to negotiate with the inmates during an uprising concerning inhumane living conditions at the prison. Currently as Director of the Parole Board Charlie Graddick has stated “that no inmate in the Alabama prisons have been rehabilitated”. This quote proves and establishes a prejudicial opinion that cannot go unnoticed any longer. During Graddicks’s tenure as Attorney General in the ’80’s he enacted policies such as the “habitual offender’s act”, the “446 act” abolishing good time that was earned from good behavior by inmates, and established the victims rights organization. This organization known today as VOCAL is allowed to protest and speak against an inmate making parole with no ties whatsoever to the inmate.
At a parole hearing in Alabama the inmate is not allowed to attend. If the inmate has no family at the hearing or is unable to afford an attorney to speak on his behalf at the hearing he will have no voice to speak for his cause at his own parole hearing. Meanwhile VOCAL is granted the opportunity to speak against the inmate even if no victim of the inmate is present to protest. Furthermore Prosecutor’s and the Attorney General’s office are given free reign to basically re-try the case the inmate is serving time for. Often presenting the decision to grant parole would be to find the inmate not gulty of the crime itself. Keep in mind the inmate is not in attendance. The prejudicial practices of the Alabama Board of Pardons and Parole will be further dissected and exposed later in this Newsletter.
The United States Department of Justice ( DOJ ) has found the Alabama Prison System unconstitutional for its overcrowded population, horrible living conditions, and violence at an all-time high. Recently the DOJ also uncovered corruption within the ADOC’s I&I division, intelligence and investigations. This division of ADOC is responsible for investigating violence etc. within the prisons and staff. The DOJ uncovered I&I’s attempts to coverup instances of officers assaulting inmates. These instances haven’t just begun. This type of corrupt behavior has become the norm amongst ADOC. So far at least four arrests have been made as a result of this discovery and no doubt more should be coming soon. The DOJ has repeatedly given Governor Ivey opportunity to fix the prison crisis. However Ivey refuses to find a solution and instead insists on building 3 new mega prisons.
Governor Ivey in her state of the state address earlier this year mentioned the poosible takeover of the prison system by the Federal Government if Congress fails to pass a bill to build the 3 new mega prisons. Now acting Attorney General Steve Marshall has received recent media spotlight for defiantly stating that Alabama will not be bullied by the Department of Justice concerning its prisons and policies. By “being bullied” Marshall refers to the DOJ’s insistence that the ADOC correct the ongoing violations of its inmates constitutional rights against cruel and unusual punishment. Marshall states that Alabama will by no means enter into any agreement with federal officials to correct the ADOC’s conditions or actions. Marshall, the head law enforcement officer in the state, is sworn to enforce the law, which is what one may suppose he believes he is doing. What Marshall states, however, is that while “enforcing the law” he has no intentions of “abiding by the law” as set forth by the United States Constitution and the Bill of Rights.
Alabama has been through this overcrowded, unconstitutional prison crises before. The result was a Federal takeover in 1976. The agenda of Alabama is the same now as back then, expanding their operation by building more prisons. Truthfully the problem isn’t about building new prisons. The real problem in Alabama lies deep in her roots. Still on the surface you find in the leaders in Alabama a certain racist undertone. As you begin to dig below the surface into the state’s past the soil becomes rich in racism. It stinks and the smell is unbearableof the sins of Alabama’s past. Yet its in that past where the Alabama Criminal Justice System was born. Also babies were born and raised in a culture whose ancestor’s fought for the Confederacy. They were taught to believe a certain way and over time that mindset is passed on. This truth is evident through numerous documented racial injustices in Alabama’s past. Whether it be Sheriff’s who were members of the ku klux klan and/or their deputies. Whether it was lawyers, prosecutors, judges, Attorney General’s, and even Governors who participate in corrupt, racist, and prejudicial practices.
As a white man I’ve always known about racism in Alabama’s history. I would hate to hear about it or see depictions in a movie portraying events that unfortunately did take place in Alabama. I’ve served over 18 years in prison and i’ve heard it said a million times how racist the Alabama Criminal Justice System is. Always my initial thought would be if its so racist and I’m white then why am I still locked up. It took me going through this experience of such corruption in my case where evidence was created against me, evidence dismissed that would help me, and witnesses produced to lie on me at trial. Over a decade later those witnesses came forward admitting they lied and were paid by the victim’s family. They gave statements and provided sworn affidavits yet I was denied without even a hearing on the issue when I filed a petition to the court. I knew the system was corrupt. In February 2020, I was denied parole and set off for 5 years. I meet all criteria and guidelines to make parole. Not only was I denied parole for 5 more years, the Attorny General, William Dill, who prosecuted my case was allowed to say whatever he wished at my parole hearing. He retried my case stating lies and adding anything he could to make sure I was denied parole. When my family gave me the news of what happened at my hearing I was upset though not surprised. When they told me that my daughter, who was only 14 months old at the time of the incident, was there and she was weeping at what that man stood up there and said about me I was completely devastated. What has taken me my entire incarceration in prison to eventually establish at least a talking relationship with my daughter was destroyed in 30 minutes by what that Attorney General William Dill said. My daughter gave birth to my Grandson over 3 years ago that I was in the process of making arrangements to visit. Since my hearing my daughter not only will not speak to me but my family as well. She thinks we have lied to her about what happened that night. William Dill’s position as Attorney General makes my daughter believe him because she like so many others believe that an Attorney General would not just lie. William Dill though has a history of prosecutorial misconduct since he prosecuted me. Now evidence exist of his corrupt ways of manipulating evidence and failure to produce exculpatory evidence in at least two other cases he prosecuted. State v. Moore 969 So. 2d 169 (2006)… State v. Martin 2017 Ala. Crim. App. Lexis 73 (December 15, 2017)…
Since then I’ve wondered how a system as this can do what they do to countless people and get away with it. The truth is its been happening well over 100 years. This system was not designed for me to be entrapped in. However now that I am I’m no longer a color I became a number. The system way back in 1865 was designed to lock up black men and poor white men after slavery was prohibited who were unable to hire an attorney to weave through the tangles of the Rules of Court especially in Post-Conviction procedures. Are there people who deserve to be in prison today? Absolutely. There are also many who are either innocent, made a mistake as a young man, or are victims themselves of corrupt and racist lawyers, investigators, prosecutors, judges, and an Appellate system rigged to ensure your conviction. Even further than ensuring a conviction the Alabama Parole Board has established a system of prejudicial practices with absolutely no oversight and no accountability. Having had this experience I’ve often thought how many of my fellow inmates, black and white, have experienced these prejudices.
The reason this system was designed and still in operation today is best described in one word, SLAVERY. What better way to camoflauge racism and slavery than mass incarceration. You pass legislature to enact bills that guarantee lenghty sentences for repeat offenders. You establish a prison system full of corruption that initiates violence and covers their tracks. You make it harder for those who are given opportunity back into society to succeed. Until recently it was virtually impossible for a convicted felon to obtain gainful employment. Though today it has improved, the struggle to survive much less be successful upon release is real.
The State of Alabama does not want to relieve the overcrowded prison system. Their desire is to further expand their operation. It worked in the late ’70’s and if this system is not exposed it will work again. The ADOC guidelines state that inmates at minimum- community and community work facilities will not be exploited for their labor. It states that inmates will earn at least the Federal rate of minimum wage. Nowhere does it state that inmates at work centers who work in the community shall only earn $2.00 a day wages. Yet thousands of men are exploited across Alabama who are required to work various jobs for $2.00 a day or risk disciplinary action and have their custody revoked and transferred back to a higher security facility. The ADOC website states that the Red Eagle Work Center is designed for inmates to integrate back into society before their release. It is this statement of hope that men at this facility take to heart along with their families. This concept is also used by ADOC officials who demand that you go to work or be written a disciplinary for refusing to work and transfer you to a level IV prison where chances of making parole drop considerably. The ADOC establishes a mindset of integrating back into society and being released to our families. While exploiting our labor under false pretenses that our release is evident. Instead we are denied parole for ridiculous reasons that are prejudicial and opioniated at best. I am currently incarcerated at Red Eagle in Montgomery, Alabama. Not only was I denied parole and set off for 5 more years, but the majority here just at this facility are done the same way. We are denied parole to live in society with our families. Yet fit to go to work in society for $2.00 a day on behalf of the state. This is how a state of slavery exist. This operation is hidden from the public eye. With no transparency or oversight it is unknown the amount of money the state is allowed to make by exploiting inmate labor through work contracts with cities, counties, various businesses and organizations. By only paying the inmate $2.00 a day the state keeps the remaining amount. Multiply that amount by at least 1,500 inmates, possibly more, who are under this treatment and it becomes clear why the Alabama prison system is overcrowded and looking to expand. How much money is the state making this way? Where does the money go? ADOC’s overall budget for fiscal year 2020 is an obscene $624 million dollars. Why aren’t the public allowed to see their tax dollars at work? Can anyone
answer where is the money?
In the Code of Alabama Title 14, Chapter 8, Article 6 – wages; it outlines the states authority to withhold 40% of the inmate’s earnings at work release. Keep in mind that almost all violent offenders are barred from work release.
§ 14-8-6. Wages. The employer of an inmate involved in work release shall pay the inmate’s wages directly to the Department of Corrections. The department may adopt regulations concerning the disbursement of any earnings of the inmates involved in work release. The department is authorized to withhold from an inmate’s earnings the cost incident to the inmate’s confinement as the department shall deem appropriate and reasonable. In no event shall the withheld earnings exceed 40 percent of the earnings of the inmate. After all expenses have been deducted by the department, the remainder of the inmate’s earnings shall be credited to his or her account with the department. Upon his or her release all moneys being held by the department shall be paid over to the inmate. HISTORY:
Ala. Code § 14-8-6 is not unconstitutionally vague. Ala. Dep’t of Corr. v. Merritt, 74 So. 3d 1, 2010 Ala. Civ. App. LEXIS 291 (Ala. Civ. App. 2010), rev’d, 74 So. 3d 25, 2011 Ala. LEXIS 70 (Ala. 2011).
Work-release inmates’ action alleging that individual State agents improperly overcharged them for transportation costs or withheld more money than was authorized from their work-release earnings based upon misinterpretations of Ala. Code § 14-8-6 was not barred by the sovereign immunity clause of Ala. Const., art. I, § 14. However, because a judgment awarding refunds of the improperly collected money would have affected the financial status of the State treasury, the action for refunds could not have been maintained. Because the inmates could not have recovered damages in the action, the judgment was properly certified as final under Ala. R. Civ.
P. 54(b) and, therefore, was reviewable by the appellate court. Ala. Dep’t of Corr. v. Merritt, 2010 Ala. Civ. App. LEXIS 172 (Ala. Civ. App. June 18, 2010), op. withdrawn, sub. op., 74 So. 3d 1, 2010 Ala. Civ. App. LEXIS 291 (Ala. Civ. App. 2010).
Knowing the information you just read in title 14-8-6 pertaining to wages there was no mention of inmate labor only being paid $2.00 a day. The overwhelming majority of inmates subjected to this treatment is violent offenders who have served large portions of their sentences and maintained a clear record for a specified time. It is these inmates who desperately yearn for their 2nd chance in society. So much so they are willing to fall for the deception portrayed in the description of facilities such as Red Eagle which states: This facility is designed to integrate inmates back into society before release. Governor Ivey always attempts to alleviate the overcrowding issue by enacting policies such as “mandatory release”. This policy excludes violent offenders and is designed for very short time sentences for minor non-violent offenses.
This policy may seem reasonable at face value. However the recidivism rate among that group is extraordinarily high. Studies prove that the recidivism rate among violent offenders who have served large portions of their sentences is extremely low. Do all violent offenders fit this category? No. But there are many that do, especially at Red Eagle. In fact we are trusted enough to be released to work in society without law enforcement supervision everyday. Governor Ivey portrays to protect the community from violent offenders. What she fails to admit is that she uses a class of violent offenders to achieve her plan. It is us, who make up that class, who are continuously overlooked in being released.
As you read Title 14-5-10 you begin to understand why.
§ 14-5-10. Hiring out of labor.
The Board of Corrections is hereby authorized to hire or lease convicts to any department, agency, board, bureau or commission of the state on such terms, conditions and at such prices as may be mutually agreed upon. Any department, agency, board, bureau or commission of the state is hereby authorized to contract with the board for the lease or hire of convicts upon such terms, conditions and at such price as may be mutually agreed upon. Any department, agency, board, bureau or commission of the state contracting with the board for the hire or lease of convicts is hereby authorized to expend any available funds necessary for carrying out the provisions of such contract.
What you just read was the legalization of a state slave trade. This group of inmates are barred from work release placement where they receive 60% of their earnings at a rate of the federal minimum wage. Its this group who is leased out to work and only paid $2.00 a day. You won’t find that fact written in the Code of Alabama. There are alot of men who have been locked up for many years, decades, at this facility who are very appreciative of those $2.00 a day. They come up for parole and time after time they are denied. Its sad that this practice is allowed to continue without allowing us our chance back in society. The wages issue is relevant. However we chose to accept it as a display of our successful integration back into society. All we lack now is the opportunity. The contracts mentioned in this article are unknown by the inmates concerning the amount of money the state makes a day from our labor. It is obvious that $2.00 a day is far less than 60% of the total.
Being denied parole after being allowed to work in society everyday is nothing short of corrupt intent to exploit labor. Obviously they cannot claim our denial for public safety concerns. The only explanation for our denial of parole is our role in the operation. SLAVERY. Who else in human history is exposed to hard labor, paid hardly anything, trusted to leave and then return, given opportunity to escape, treated harshly, held against their will, who deserve to be free other than slaves. Include Alabama inmates to that list. Governor Ivey stands behind that podium bearing the Governors seal emblazoned by the rebel flag as she continues to lie and deceive the citizens of Alabama. She asked to be forgiven when she got caught in her racist acts. Yet she runs an operation of slavery in Alabama absolutely refusing to give others the 2nd chance that she herself desires.
While it is true that incarcerated individuals may not have a “created liberty interest” in being granted parole as set forth in constitutional rights, they do have the right to fair consideration of the facts pertaining to the parole request. Notably, on the denial sheet are reasons #5, #7 and #13, which allow for less than understandable criteria requests to be met.
Reason #5 states that, “severity of present offense is high“. This reason is ambiguously vague to the point of promoting inconsistency. No criteria is set forth to gauge the severity of the offenses, save for the Criminal Code of Alabama created by the legislature. If the Criminal Code of the state does not bar an offense from consideration of parole, then obviously the severity be not too great as to rise to the level of ineligibility, otherwise the legislative body would have deemed so and voted such as to exclude the charged offense from consideration eligibility. Therefore, it can only be inferred that this reason for denial is based solely on opinion and not factual.
Reason #7 states, “negative input from stakeholders (i.e. victim, victims family, law enforcement)”. While it is completely understandable and natural to garner input and consideration of the feelings of an involved party in an incident, it would also only seem reasonable to assume also that, to some extent, involvement may infer a natural bias and partiality. Upon conviction and an incarceration period for a crime, a certain level of restitution has been made for an offense. Ones’ inability to accept recompense for an offense, and to harbor resentment or to long for revenge, rather than to desire for justice, may be so great as to render an involved individuals’ sentiments excessive or extreme. Some involved parties may never accept justice in a case, even long after the entire completion of a justly imposed sentence. Counter point to that, positive input from family members, members of the community, or even from the victims themselves, seem not to carry the same weight of consideration in the eyes of the Board as does negative input.
Reason #13 states, “release will depreciate seriousness of offense or promote disrespect for the law“. Once again, one could only assume that a duely elected legislative body is competent and capable of determining and imposing criteria for defining and punishing criminal offenses. Once these criteria have been approved and implemented, it would only seem to promote disrespect for the law if those policies and criteria were ignored. If such policy has been discussed, approved and implemented concerning the punishment of an offense and the criteria which must be fulfilled to meet eligibility for consideration for parole, then once the criteria is met, how could it possibly depreciate the seriousness of the offense or promote disrepect for the law by abiding in accordance with said law? This reason too falls short of factuality, fairness or meaningful and thoughtful parole consideration.
The denial of parole for these 3 reasons is unjustly prejudicial. Though the inmate meets all required criteria these reasons of denial that are beyond the inmate’s control to correct are used to keep the inmate incarcerated and enslaved.
The sore subject of the real foundational principles that our Criminal Justice System was founded on has been discussed before. However ever effort to expose it has either lost momentum, been bribed or brushed aside to silence. In my opinion those efforts lost traction because they began their fight at the U.S. Constitution. Don’t get me wrong, the 13th Amendment needs to be attacked. According to the 13th Amendment, however, they give the Authority over to individual states. Just like the states were given authority to enslave Black people over 200 years ago. The best tactic to Abolish slavery altogether and force a nationwide Criminal Justice Reform is to expose the individual state who relies on the 13th Amendment. There could never be a better candidate than the Home of Dixie, Alabama. With the DOJ pressuring Alabama concerning its prison system crises there is alot of disturbing discoveries being uncovered. If the shovels were tossed aside and a backhoe brought in to really start digging there will no doubt be some leaders sent to prison and an operation fully exposed. Im sure once this took place and those leaders were subjected to their own policies a reform would take place.
The uncovering of Alabama and its practices that have evolved to a level of sophisticated corruption sparked by racism, now driven by greed, and licensed by the U.S. Constitution Amendment 13. If you are familiar with the Bible, there is a parable taught by Jesus of the “return of the unclean sprit”. Alabama’s unrepented sins of the past have long ago returned and the seven evil spirits with it have infiltrated our Municipalities, Judges, Appellate Courts, Attorney General’s office, Congress, Parole Board, and the Governor’s Mansion. Its no coincidence that the birth of this enterprise began in the era of post Civil War and evolved to a more covert, undercover enterprise in the era following the Civil Rights Movement. That same spirit of hatred and racism that controlled the leaders of Alabama in 1865 was on full display through Governor George Wallace as he was so famously quoted as saying “Segregation today, Segregation tomorrow, Segregation Forever”. Following the Civil Rights Movement and the integration of our schools and businesses as Blacks and Whites were legally mandated to share public restrooms and water fountains. What could a man who so proudly proclaimed
“Segregation Forever” do but further corrupt a Criminal Justice System to help segrgate society. It took Wallace a little time to gather like-minded and trusted officials in position to enact an evil scheme that would portray a system that is “tough on crime”. By dropping the “common law” standard which defines charges and criminal offenses. The Code of Alabama, formerly known as TItle 13 was repealed and replaced with what is now known as Title 13A.
TITLE 13 CRIMES AND OFFENSES [Repealed]
Annotations Editor’s Notes
Acts 1977, No. 77-607, p. 812 adopted the Alabama Criminal Code which was later amended by
Acts 1978, No. 78-770, p. 1110, and Acts 1979, No. 79-125, p. 230. All sections of Title 13 were repealed or transferred, and the Criminal Code has been designated as Title 13A.
Former statutory definition. Under former § 13-1-70, which generally followed the old
Pennsylvania formula, there were four types of first degree murder: (1) by poison, lying in wait (ambush), or any other willful, malicious, deliberate and premeditated killing (common law murder plus the element of premeditation); (2) in the perpetration or attempt to perpetrate arson, rape, robbery or burglary (modified version of common law felony-murder doctrine); (3) same as (1), but intent to kill some person other than deceased (common law rule plus premeditation); (4) by any act greatly dangerous to lives of others, evidencing a “depraved mind” regardless of human life (so-called “universal malice”). Every other common law murder was second degree murder (intentional killing without premeditation). (But death due to resisting arrest, or while committing some felony not specified as felony-murder under (2) uncertain.)
Abolition of degrees. Section 13A-6-2 preserves the basic type of murder—intentionally causing the death of another person—but eliminates the degree distinction based on deliberation and premeditation. Miller v. State, 145 Ala. 677, 40 So. 47 (1906); Warren v. State, 34 Ala. App.
447, 41 So.2d 201 (1949); Miller v. State, 38 Ala. App. 593, 90 So.2d 166 (1956). The premeditation-deliberation formula originated from an 18th century effort, probably initiated by the Pennsylvania Legislature to reduce the number of capital murders. Atkins v. State, 46 Ala. App. 401, 243 So.2d 385 (1971). Originally the provision was intended for calculated killings, e.g., ambush killings which require advance planning. Mitchell v. State, 60 Ala. 26 (1877) (Deliberate — formed with deliberation, in contra distinction to a sudden and rash act. Premeditated — contrived or designed previously.) But later judicial interpretations hold that substantial reflection is not required, and indeed, any existing mental state indicating a capacity to choose between refraining or proceeding with the murderous act is sufficient. See Perkins, Criminal Law 73-76 (1st ed. 1957). Often a finding of a conscious intent to kill is deemed sufficient for, or indistinguishably close to, premeditation and deliberation. “Deliberate” and “premeditated” means only this: If the slayer had any time to think before the act, however short such time may have been, even a single second, and did think, and he struck the blow as the result of an intention to kill produced by this even momentary operation of the mind, and death ensued, that would be a deliberate and premeditated killing within the meaning of the statute defining murder in the first degree. Daughdrill v. State, 113 Ala. 7, 21 So. 378 (1896). “Premeditation and deliberation” may exist and be entertained while defendant was grasping the knife with which the fatal stab was committed, White v. State, 236 Ala. 124, 181 So. 109 (1938), or at the instant in pressing the trigger to fire the fatal shot, Caldwell v. State, 203 Ala. 412, 84 So. 272 (1919).
The deliberation-premeditation formula, undoubtedly, has served as an “escape-hatch” for sympathetic juries in exercising mercy and also as a bargaining device in negotiating guilty pleas, the future utility of which seems doubtful since the general abolition of capital punishment. Furman v. Georgia, 408 U.S. 238 (1972).
Moreover, the case for a mitigated sentence should not depend on a distinction between impulse and deliberation. Some purely impulsive murders may present no extenuating circumstances: “As much cruelty, as much indifference to the life of others, a disposition at least as dangerous to society, probably even more dangerous, is shown by sudden as by premeditated murders.” Stephen, 3 History of the Criminal Law 94 (1883), as quoted, Model Penal Code, (Tent. Draft No. 9), Comments to § 201.6, p. 70. (Possible modern examples: Out of wanton barbarity, defendant douses victim with lighter fluid and ignites him. When girl repels advances, defendant instantly cuts her throat. Here there is no true deliberation and premeditation unless the term is continued to be used in an unnatural sense, like “aforethought” in “malice aforethought.”)
This action of changing the definitions of crimes seems to most as no big deal. As usual with Alabama policies you have to look below the surface. By changing the wording how a crime is defined it drastically lowers the burden of proof placed on the prosecution to portray a man guilty as charged to a jury. Take the crime of murder for example. As you read under Title 13A they no longer include vital elements such as “with malice, malicious intent, or premeditated etc.”. All of these elements that a prosecutor should be burdened with proving before ensuring conviction and sentencing a man to life in prison is no longer needed. When investigators and prosecutors were tasked with having to do their job that they are paid to do they couldn’t stand Justice prevailing instead of their conviction rate.
The evil agenda that was enacted produced their desired results. What came next was an overcrowded prison system that was taken over by the Federal Government. This resulted in Alabama receiving their wish of new prisons, which were built across the state. One of Wallace’s like-minded trusted officials became Attorney General Charlie Graddick who as outlined earlier not only fit in with Wallace’s agenda, but enacted his own policies with the “lock ’em up and throw away the key” mentality. The evil scheme of Title 13A began to evolve from a hate filled racist ideology to a money producing organization after the building of the new prisons. the “Prison Industrial Complex” mentality took over. By lowering the standard of proof applied to criminal prosecutions the doors of crooked, corrupt, over-zealous, conviction-rate minded prosecutors and their tactics opened wide. This is not an accusation that all are corrupt. There are still honest people with integrity throughout the Criminal Justice System. The message to those individuals is clear, that to remain silent after becoming knowledegable of corrupt, racist, prejudicial, or dishonest tactics used by trusted officials and fail to report them then you are just as gulty. It wasn’t some backwoods District Attorney from the 1950’s who manipulated the courts and spit in the face of Justice who prosecuted me. It was the top law enforcer of the State Attorney General William Dill. The record proves that I wasn’t the only one victimized by his antics. Prosecutors being allowed to operate in dishonesty without any regard to the lives impacted must stop. If a witness were perjured in court they would be subject to a felony. How can prosecutors be exposed for lying and deceiving a Court proceeding as a trusted official and not be held accountable.
Finally another sad reality is the Rules of Court placing time limitations and procedural requirement obstacles in front of Justice. Imagine being falsly accused, an Indictment is produced through an unchallengeable hearsay testimony, evidence that would help you at trial dismissed, witnesses produced to lie on you at trial, you are found guilty, sentenced to Life in prison, barred from Appealing your case because by the time you learn some aspects of law in prison and discover issues that would entitle you to relief you discover that time had elapsed and you are procedurely and time barred, after serving the minimum time required you are denied Parole unjustly, subjected to hard labor and only paid $2.00 a day while incarcerated in the most violent, corrupt prison system in America. Does it seem impossible to fathom? Alabama will make a believer out of you. Looking back I feel foolish for sincerely believing in a Justice System where Truth prevails.
In conclusion of this Newsletter exposing the State of Slavery Alabama. We ask for your support to help bring change to this corrupt and crooked system. The concerted efforts of inmates at Red Eagle helped to provide needed information and input to make the publishing of this Newsletter possible. The goal is to give the reader a better understanding and more detailed inclusive perspective of why Alabama’s prison system is unconstitutional. On behalf of all the inmates at Red Eagle as well as our families, friends, loved ones, and all who are a part of the struggle, we ask that you help in exposing these injustices of a slave state and stand with us to bring change to the Parole System, Criminal Justice reform, change the prejudicial policies of ADOC, and establish a system that operates in integrity by holding those in trusted positions accountable by felony for misconduct in court proceedings where the livelihood of the accused is at stake in Alabama. Go online and sign the Petition at http://chng.it/gRLFqYV5 and forward the link to everyone you know. GOD BLESS!
Final thought: Every time you hear Governor Ivey talk about building new prisons you should now understand she means “SEGREGATION FOREVER”…
INMATES AT RED EAGLE WHO THANK YOU FOR YOUR SUPPORT