Forever Forgiving and Moving On

I'm Done!!! Yeaaaa!

This blog has been an outlet for my emotional stability. I've had the opportunity to rant and rave about some of the problems that I see with the police and criminal justice system. However, in the past year, I've grown beyond ranting and raving. My personal development has led me to a place of forgiveness. I no longer want to be part of the problem and I wan to be part of the solution. There is no more bad blood between myself and the Police. I now know that I cannot condemn an entire group of people for the bad actions of a few. I forgive the officers that have pulled me over, harassed me, and assaulted me. I pray that God blesses them and they can find peace. Thank you to those that have read my blog and left comments. I really appreciate it. Now I'm signing off to actually start solving problems. God Bless

BUSINESS AS USUAL WITH THE ALTOONA POLICE DEPARTMENT

It has been a while since I have posted to my blog. Sorry for the wait. I have been busy getting my company Golden Pathways Final Expense Services LLC  off the ground. However, I was randomly looking through Facebook and came across this article about the Altoona Police Department. As you all know, I am not a fan of the police. Clearly, I have issues with their behavior as an entire community. My feelings have not changed towards the police as a whole but I have recently met some individual officers that did not rub me the wrong way. Particularly, the officers that are parents of the girls that play on my daughter's basketball team. That is neither here or there. The task at hand is to give a brief overview and comment on the actions of the Altoona Police Department. 

This article was taken from the Altoona Mirror, Sept. 25, 2013, written by Phil Ray

HOLLIDAYSBURG - An Altoona man who months ago faced charges that likely would have landed him in prison for at least 25 years plans to sue Altoona police for false arrest, according to his lawyer.

Attorney Joel Peppetti of Altoona said a notice of a pending lawsuit has been sent to the U.S. District Court in Johnstown.

Peppetti represents Angel L. Vasquez, 32, of Altoona, who has been in the Blair County Prison for several months after he was named as an accomplice of Stephen M. Espenlaub Jr., 39, of Juniata in the robbery of a man who described himself as a small- time marijuana dealer.

Espenlaub was arrested by police after the robbery when he allegedly tried to shake down the victim for more money and drugs, telling the dealer he had to "pay to play."

The victim of the robbery at first thought the two men who entered his apartment on Dec. 18, 2012, were federal narcotics agents.

They were dressed as police officers and announced, "Police, we have a warrant," and "DEA, we have a warrant."

When the victim opened his door, the "police" put a gun to his back and cuffed him. They then took money and drugs but said they weren't going to arrest him.

A second contact came in the form of a note telling the victim that if he wanted to do business it was going to cost him.

By that point, the victim, on his attorney's advice, decided to go to the real police.

Officers set up a sting by having the victim agree to pay the money. Espenlaub was arrested when he allegedly showed up to collect the money.

Espenlaub then named Vasquez as his partner in crime.

Vasquez was arrested by police and charged with many offenses, including robbery, burglary, aggravated assault, conspiracy, two counts of theft, impersonating a public servant, firearms not to be carried by a felon, possession of a prohibited firearm and possession of an unlicensed firearm.

Peppetti said in light of Vasquez's record, he would have received a minimum of 25 years behind bars if convicted of the charges.

Vasquez and his lawyer protested the arrest, contending Vasquez at the time of the robbery was at a Bedford County magisterial district judge's office paying a fine.

According to Peppetti, city police never bothered to check the alibi, even though within days Espenlaub and his wife contended Vasquez was innocent.

Espenlaub even sent a letter to the Mirror contending he had given police a false story.

Peppetti and Vasquez went before Blair County Judge Daniel J. Milliron on Tuesday morning and agreed that Vasquez would enter a plea to one charge - possession of prohibited gun.

Milliron accepted the plea agreement and sentenced Vasquez to 18-36 months in a state correctional institution followed by seven years' probation.

Prosecutors dropped all the other charges against Vasquez after agreeing his alibi supported his innocence in the robbery.

Assistant District Attorney Russell Montgomery said after the hearing Tuesday a review of a city water department surveillance tape in the area where the robbery occurred showed Vasquez was not there.

Vasquez was charged with the possession of a prohibited firearm that police found when they searched a car he was driving. The gun was found in the engine compartment.

Peppetti said Tuesday police never bothered to check Vasquez's alibi or corroborate the first robbery story told by Espenlaub and his wife.

The defense attorney said Vasquez was arrested on "mere suspicion," not on evidence that established probable cause.

This is why notice of a lawsuit has been filed, Peppetti said.

Shawn T. Espenlaub, 33, of Altoona, Stephen's brother, was arrested in May as the alleged second man in the Dec. 18, 2012, robbery.

Well, an innocent man put behind bars is nothing new. I too have experienced the wrath of the Altoona Police and random charges. Great Police work guys ;) What I don't understand is how the word of an admitted thief, robber, extortionist, and general villain is enough to lock someone up. Indeed, Police have been using informants for decades. Typically, these informants have intimate knowledge of crimes because they themselves are involved. It's a slippery slope. Police rely on evidence presented by rats, snitches, and thieves. My Mom always told me, "If you lie down with dogs, don't be surprised when you wake up with fleas!"

Even though Police are familiar with utilizing shady characters to catch their prey there is usually some sort of evidence to collaborate their story. You know evidence. That tricky little concept of law that Police and Prosecutors like to ignore when the cards are not stacked in their favor but the only thing that matters when the evidence suggests it. So if there is no evidence then there is no crime. Au Contraire Mon Frere! This is Altoona Pennsylvania. Where stories do not have to be collaborated. Evidence does not have to exist. If the given story fits the needs of Police and Prosecutors then that is all they need. 

So what do we have? We have an admitted criminal telling the Police a story. The Police take the story and run with it. The District Attorney's Office charges an innocent man with crimes that have not been investigated. ARE WE SURPRISED THAT THEY ARE BEING SUED! As they should be. 

This might be Altoona, PA in  Blair, County PA. But we are still in The United States of America. Whether or not the Police or the DA's office like it. You can not just go around accusing people of crimes and taking away their freedom at the bequest of your snitches. Luckily, Mr. Vasquez had the wherewithal to sue. 

I hope that he settles for an extreme dollar amount. The Police and DA's office should be punished for their clear contempt of the law. Mr. Vasquez lost months of his life due to incompetent investigators. 

I don't want to speculate and make unwarranted assertions...but the victims name is Angel Vasquez. Possibly, with a name like that in Altoona, PA, you can be accused of anything and it will stick. 

George Zimmerman!! You are why I dislike cops and hate wannabe cops! R.I.P Trayvon

It would imprudent of me not to comment on the totally foreseen not guilty judgement handed down in the George Zimmerman case.

I decided to wait until much of the hype died down and the country had time to digest the decision. I guess because I am a skeptic, with very good reason, I felt that Zimmerman would get "off."





It's the same American narrative. Black man, in this case child, get's killed by white man, white man goes to trial, jury decides that his reasons for murder are justifiable, white man is sipping margaritas in the sun while black man rots in his grave. It has happened time and time again in America and I don't care if you believe that racism is dead because we have President Obama or Oprah Winfrey. The truth is the truth.

However, the one thing that really bothers me is that in many cases the murderers are police officers. It seems that the police can rob, kill, steal, and lie with impunity. This guy was a wannabe cop. This killer was an underpaid, run of the mill, non-competitive (In every sense of the term),  neighborhood watch security guard. I know, I know this evidence shows that this 17 year old black child was beating the puppy doo doo out of Zimmerman's pathetic butt. Good for you Trayvon!!!

For all of the people that don't have to reach or imagine discrimination but have actually lived it, you understand. A wannabe cop that wants some power to push people around, the kind of guy that gets his butt beat by a little kid, the kind of guy that murders that child because he did not expect for the child to defend himself. ALL black men understand. You are being followed by a rent a cop that has the nerve to question you. You are on your way home and this punk has the nerve to ask you anything. So you just keep eating your Skittles and call your girlfriend to tell her about the punk that just approached you. That said punk calls the police and the police tell him to back off. The wannabe cop says, "Hell No" I can take this little kid. The wannabe cop follows the kid and the kid commences to beat the rent a cop down. The wannabe cop is defeated and screaming and resorts to shooting and murdering the child.

I hate you Zimmerman! I hate the jury! The jury was incompetent and no cajonas to do the right thing. I knew just because of the so called 'evidence' that Zimmerman would get off. Every single Black man in America had some sort of inkling that he would get off. Why? Because America does not value the life of a Black man. Trayvon had every right to be where he was, had every right to defend himself against a stranger, and he knew that this wannabe cop was a punk because they always are.

The jury could not find anything illegal about what Zimmerman did. In a country where Black men were murdered for looking white men in the eye, I guess he didn't do anything wrong. After all, the little black boy was beating the crap out of this grown man. The grown man felt threatened, feared for his life, thought he was going to die! What was going on in Zimmerman's mind? "I wish that I would have just let this kid go home, now I'm getting my butt kicked. Well, I have to shoot the monkey before he beats me to death." That is not illegal in Florida.

Welcome to the United States of America. Racism is dead here. Look we have a Black President, that Oprah lady, and all those millionaire basketball players. You can still kill a black man, as long as you fear for your life, and it might be wrong but perfectly legal!

Change.org

Here is a link to change.org

There is a petition to the President demanding an end to Police Brutality.

http://www.change.org/petitions/national-action-against-police-brutality?share_id=iOOtVBboaF&utm_campaign=signature_receipt&utm_medium=email&utm_source=share_petition

DO NOT CALL THE POLICE...YOU WILL GET TASED

A Springfield, Illinois couple were involved in a fender bender and did what you are supposed to do.

They called the police. Worst mistake ever. The man and the woman from the video were charged

with aggravated assault and resisting arrest after being assaulted and tasered by the Police.

 What a joke! Oh yeah... The woman was 8 months pregnant!!!


The video speaks for itself. Take a look and you decide. Comments are open.

One Year Old Babies Even Scare Police

                                                                                           Don't Shoot! My hands are up!

                                                                                           (image is not of child in question)

I have a one year old child. It is inconceivable that someone would point a gun at my baby. I was disturbed, angry, and distraught that the police found it necessary to point a gun at a 1 year old child. Seems unreal, don't believe me? Here's the skinny. 

Two Oakland police officers pointed their firearms at a sleeping nineteen-month-old child while investigating a misdemeanor crime, according to a new report released Thursday. The sleeping child posed no threat to the officers, and yet they pointed their guns at the one-year-old anyway. The alarming incident was cited by Independent Monitor Robert Warshaw in his latest report on OPD misconduct. Warshaw noted that the department has had a history of overly aggressive behavior toward city residents. Warshaw also noted in his report that OPD not only failed to make any progress in living up to court-mandated reforms in the latest monitoring period, but actually lost ground for the second quarter in a row.

Link to original article Cops Pointed Their Guns at a 19 Month Old

This horrific behavior is just another incident into the long list of atrocities committed by police in their course of duty. What would you do if the police found it necessary to points guns at your child? Are the police that jaded and scared that every single human being is a suspect that is in need of reasonable force to detain? In light of the recent developments in gun control policies. We might be headed in the direction of a police state where the population has no weapons but the police have free reign to impose their will. 

Picking the Right School

The scam bloggers have taken over! What are scam bloggers? They are the bloggers with JDs that feel that law school is an overpriced endeavor, strictly beneficial to administrators and 'Law Professors.' Ultimately, they believe that the ABA is corrupt, in not limiting the amount of lawyers, and that law school is a scam. Law school only teaches you to think like a lawyer not how to be one. I subscribe to a few of these blogs such as Third Tier Reality. I understand their frustration with the system pumping out more lawyers than there are jobs. With new grads unable to find employment. The fact that only students graduating from Top 20 Schools or at the top 5% of their class receiving jobs at firms in Biglaw. The ranking system constructed by US News and World Report that empowers the Top Law schools while alienating lower 'ranked' schools. The over inflated price of Law School and the heaps of non dis-chargeable debt that many students are burdened with. Okay, I get it. Perhaps the cost-benefit analysis is out of whack.

However,I feel there is still a different perspective. From the standpoint of the under represented minority. Yes the URM. I know that many students feel that the admissions process is eschewed in favor of the URM. I say, as it should be! African American law students don't top 8% at any school minus the HBCUs. Many law schools base their Independent rankings on diversity. The fact of the matter is that an URM with slightly lower numbers might gain acceptance because of their status. Historically, minorities and women have been left out of the legal process. Law schools recognize this and have instilled into their admissions criteria a certain form of affirmative action. I think that any URM that would otherwise do well at any institution should have a slight advantage over his/her male Caucasian counterpart. I am not saying that a person with a 2.6 GPA/ 147 LSAT should get preference over a much higher scoring Caucasian male. What I am saying is that a few points either which way should and does give preference to the URM.

I do advocate that minorities and women go to Law School and enter the legal profession. I would agree that the system is flooded. However, it is not flooded with URMs. If URMS choose not to enter the law profession then the future will be bleak for the people that we represent. I do not advise taking on 100,000 dollars of non- dischargeable debt. There are plenty of law schools that do not mind footing the bill for qualified URMS. The point that I'm trying to make is that URMs have an advantage, for the moment, to go to Law School. If you can go to school with a minimal amount of debt and do well, not only are you enhancing the legal profession you will be enhancing your clients experience one day. Diversity is apparent in all levels of American Society and it should be stressed and pushed in the legal community.

Point

1. Choose a school that embraces diversity
2. Choose a school that will foot most of the bill
3. If point #2 is not an option, go to a school that offers tuition payback assistance
4. Do not believe the hype about only the Top 20 schools leading to a good paying job, people go to Law School for many other reasons than working at a firm in Biglaw
5. There is a reason that we are called Under Represented Minorities- If you can get your foot in the door without a lot of debt. Just Go.       

Criminal Justice System Will Eat It's Own Young

Okay. I have in the past argued that majority of the people the criminal justice system prosecutes are young African American males. This is a fact. It angers me and sometimes anger is not the correct emotion to feel. Because of my anger I have been blinded to the overall picture. The metaphorical BIG PICTURE. Some would say that I was pea brained. Others would say life is growth and we evolve over time. Whichever choice you go with may or may not substantiate the fact that I have erred in my reasoning.

I have in the past associated the racial discrimination of African Americans with the evil doings of the criminal justice system. I have assumed that all of the dealing off the police, prosecutors, and the 'system' are racially motivated. I am wrong. The criminal justice system is designed to eat anyone and everyone that offers any opposition whatsoever. It has no respect of persons. The War on Drugs targets young African American males by coincidence. I think that it was not intended to lock up young African American males at a disproportionate rate but that is an unintended consequence of the legislation passed in 1986 by Ronald Reagan.

You ask, "What changed my mind?" Well, I have a friend that I have known for a really long time. Not best friends but we consider each other close. She is a single, professional, mother. Also, she is tall, blond haired, green eyes, well spoken, smart, and an overall good person. The quintessential white woman. For the sake of anonymity let's call her Molly. Molly is a professional that is the sole provider for her young daughter. She is college educated, pays her bills on time, pays her taxes, never had any run ins with the law [except for a DUI] seven years ago. The dreaded DUI/DWI can happen to any one that has had a single drink and made the ill advised decision to get behind the wheel. The statistics show that 1.5 million people are arrested for DUI annually. Yes 1.5 million annually! Recently, she received another DUI/DWI. It wasn't exactly what one would call criminal. She was leaving happy hour at a restaurant and got pulled over for failure to obey traffic signals. From what I understand that she made a right turn without signalling.

Now we have Molly the quintessential white woman in a very precarious situation. She lives in Pennsylvania. Pennsylvania has a Accelerated Disposition Program for first time offenders. However, this is Molly's second offense within ten years. Pennsylvania also has mandatory sentences that are never pleaded to lesser crimes. Either you are convicted of DUI/DWI or you are not. Now Molly understands that she has to pay the consequences of her bad decision. Pay in the way of legal fees, fines, court costs, etc. What Molly was not expecting was an immediate loss of her license, fired from her job, and mandatory 90 days in jail.
Wow!

The DUI/DWI game has become big business. It is the only "crime" in which you literally must prove your innocence. You can lose your license among other things way before your day in court. Police Departments, cities, districts, and counties are eating it up. Fines can range from 1000 to 10,000 thousand dollars.  There are approximately 16,000 alcohol related accidents per year. About 5,000 of those end in death. Yet we have 1.5 million arrests for drunk driving. One could look at those numbers and say the enforcement is the reason for such a small number. I believe that I have a much more pragmatic approach. The system is using DUI as a cash cow.

We have thousands of lawyers that specialize in only DUI/DWI, DUI/DWI court, Police Officers and State Troopers that only deal with DUI/DWI. The fines are automatic and license suspensions are automatic. This brings in untold billions per year for the system. Like the War on Drugs, the War on DUI/DWI has taken it's toll on the citizens of the US. However, the War on DUI targets anyone with a drivers license.

Molly ended up doing house arrest for 90 days. It didn't make much of a difference because she lost her job, license, money, and is struggling to take care of her child. Should she have drank and got behind the wheel? Absolutely not! Should she have lost her life and future earnings because of a bad decision. Absolutely not! The punishment for a DUI is not proportionate to the crime. This is another instance of the system eating it's own. So I am forced to retract my beliefs that the system is racially motivated to label minorities and disenfranchised groups. The criminal justice system is out to devour anyone with a pulse.        

Decriminalization of Petty Crimes/ Really?

In an article taken from the ABA Journal, Debra Cassins Weis writes on a report done by an ABA committee and a national group of defense lawyers.
The article is called Decriminalizing Minor Offenses Could Help Indigent Defense.

The report states that the criminal justice system is flooded with petty infractions {OBVIOUSLY} that could be dealt with two front-end reforms: reclassification and diversion. Reclassification simply means changing these petty criminal statutes into civil statutes and give offenders a fine. Diversion has to do with dropping criminal charges if an accused offender completes simple requirements such as community service or rehabilitation.

Seems so simple. Even has an air of common sense. In Texas between 2003- 2005,  51 million dollars was saved by simply giving low level drug possession offenders probation. This frees up indigent defense council to actually do their work effectively. As described in Gideon v. Wainwright which founded the sixth amendment right to council. Since the War on Drugs has started, too many non violent petty drug offenders have ended up behind bars because their council is bogged down with heavy caseloads rendering them ineffective. In many instances, not even familiar with case or client until they are put in front of them in a hearing.

It seems that this report offers some tried and true solutions to problems that our criminal justice system faces . Here's the kicker! The report states that they are trying to solve many of the problems through new ideas as opposed to new money. Makes sense. "But no such largesse is imminent." What!!

Let me explain. There will not be any attempt made now or in the near future to unclog the criminal justice system with petty drug cases because the criminal justice system is not in the business of saving money and protecting citizens rights. 

The criminal justice system is an industry that is in the business of creating situations and circumstances that put poor people (African American & Latino) behind bars for long periods of time! The more the better. An entire industry thrives on the backs of indigent (African American & Latino) people. Everyone knows that the War on Drugs is a failure and utilizes billions of dollars annually for government agencies that are all but useless. There have only been a few states willing to do anything about the abscess that we call the War on Drugs.

Two thumbs up to: 

Alaska, Colorado, California, Connecticut, Maine, Massachusetts, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon


         

Starting Off the New Year Right

Officers abusing their power as usual. Richmond County Sheriffs Department under "investigation" for police brutality. 

Deputy William Geisen approached a Pastor and some of his congregation in a parking lot at Denny's.





                                                                               
                                                                                   Augusta, Ga.- A church group is in town from Florida for a church conference. The Pastor of the group is William Young and he is on his mobile phone in the parking lot of a Denny's on Washington Road in Augusta , Ga. Witnesses claim that a deputy zoomed into the parking lot, confronted Young and put him into handcuffs for no apparent reason. The incident report claims that Ruth Jean grabbed the officers arm whenever he attempted to arrest her Pastor. Jean was then subsequently put under rest for obstruction of justice.

Jean stated, "When I was on the floor, he had his knees on my back, and he was pulling my hair, but my hands were already like this," Jean said as she put her hands behind her back. "I don't know why he was doing that, until two other cops came over and he put me in a choke."  

Of course the incident was caught on cell phone videos and pictures. The Richmond County Sheriffs Department disputes any wrongdoing. As Always! The victims and witnesses believe that the deputies showed up and created mayhem for no reason at all. Harassing innocent people.

This is just another one of the hundreds of thousands of  police brutality cases in recent times. My God! They even harass Church going tourists. Was this incident racially motivated? Well, the victims and witnesses were Black. The sheriff deputies were White. There seems to be no justifiable cause for the police to have been on the scene. You decide.

Are the police just a gang of gun toting thugs that arrive for the clean-up or are they something else?  


                                                            

Understanding the Process

I have looked through hell and high water in an attempt to find relevant information regarding the Law School process for an African American male. What did I find? Jack! That's right. There's about enough information regarding African American men and legal careers as there is that are actually in the profession. Not much. Sure there is a ton of information regarding law schools, the ABA, LSAC, taking the LSAT, 0L, 1L, 2L, 3L, the Bar exam, and finding employment. The problem is that there is no specific, engaging, material geared to and approved by African American males. There are plenty of buzz words being thrown around like frisbees such as: diversity, underrepresented minorities (URM), and more diversity. However, diversity in this sense means anyone that is not a Caucasian male. Including URM's. There is little to no information pertaining to the African American  male. So I am going to take it upon myself to write about my process as an African American male and my thoughts and opinions on the subject. Many people will not like what I have to say, most likely will not agree with me, this type of environment is fertile ground for intellectual growth. I hope to learn as I explore this latent society that regulates only about 1.5 % of its ranks to African American males.
So here it is. My story might shed some light on all the other brothers out there that don't feel like higher education is an option let alone pursuing advanced education. I graduated college with a BS in Sociology. Bachelor of Science more commonly known as B@** S^**. Could not find a job. The most common reasons I heard were: the economy is bad, no one is hiring, give it some time, blah, blah, blah. So here I am with this degree and I want to work but can't because no one will give me chance. How many people do you know in this situation? I always knew that I wanted to help people. I feel that I'm blessed and I try to lend a helping hand and volunteer my time whenever possible. As a black man we are always told that education opens up doors to the world. So I figured if I can't work then I'll just get more training. Doing what? That is the million dollar question. Social Worker, Occupational Therapist, Researcher, Journalist, I just could not decide. Then I had a run in with the police. Changed my life forever. I was brutally attacked by police officers and they charged me with crimes that were subsequently dismissed. I knew from that point on that I needed to become an advocate for the people with no voice. The disenfranchised and with little means. If I had been on probation, on parole, labeled, less educated, or a myriad of other things, the police probably would have gotten away with assaulting me. However, I had presence of mind and the means to bring about a federal civil suit. Legally. Legality. Law. The essence of our daily life. Every second of our life were are governed by the laws of man and the laws of nature. Both can be manipulated to reach a desired result. African American males have been prohibited from partaking in numerous ways. I will expound on that in later posts. This is just an introduction to why I am, who I am and hopefully shed some light on the law school process for African American males in the same boat.

Here are the Basic steps to applying to and getting into law school.

1. Maintain a decent GPA (preferably 3.0 or better) in undergrad
2. Graduate any regionally accredited institution with a BS or BA in any major.
3. Register with the Law School Admissions Council (LSAC) and register to take the LSAT.
4. I recommend strongly to buy study/ prep materials in preparation for the LSAT
The LSAT is at least 50% of the determining factor law school admissions committees use when determining applicants. In other words, Your Score is Important!!
5. Prepare a resume, get letters of reference, essays, personal statements , and other soft factors in order.
6. Once you receive your LSAT scores you are ready to begin submitting applications.

This process is the same for all applicants. However, whenever it comes to the "soft" factors, things will be a little different for African American males.


Here is an interesting link that I discovered that might have some relevant information:
http://www.policymic.com/articles/11599/the-weight-of-being-a-young-and-successful-black-male