What is interesting, one of my prison “clients” will be going back to court for resentencing in June. I expect that 85% of his originally sentenced time will be eliminated. Another “client” is waiting to see if he gets an evidentiary hearing to have his case completely dismissed. For those of you who think I only relax in this “resort”, well-you’re mistaken. My goal is to bring justice back to those convicted improperly of any crime. If, by my pen, I can further exhaust the state of Arizona’s dwindling revenue, I will. That does not mean I believe the guilty should go unpunished. I believe conviction need to be done in accordance with the law, not by misrepresentation of facts or with the use of trickery by a prosecutor. So until the day I take my last breath I will attempt to hold those with authority accountable for their actions. Will you?
Well, I wish to give everyone an update as to how things are going. As for my own case, everything is filed with the Court of Appeals and I am still waiting for a decision on the issues presented to the court.
FROM THE INSIDE
Written by: Carl Davis
This message is from those of us sitting in prison, fighting to regain our freedom. Freedom that was taken away by an Arizona judicial system that has gone rogue. A system that has routinely and blatantly “trashed” the constitutional rights of numerous people. The innocent as well as the guilty.
All we can say is WOW! We can’t believe how outraged and shocked the rest of America is at what is happening here in Arizona. You really haven’t been listening have you? For several years now those of us sitting in prison, the result of having our constitutional rights violated by the Arizona judicial system, have been screaming. Trying to get the rest of the country to pay attention. We have been diligent about presenting facts, figures and examples of just how badly the state of Arizona has perverted, misinterpreted, and in many instances just flat out cast the U.S. Constitution aside.
But you America, have chosen to ignore us because we are “convicted felons” sitting in an Arizona prison. We are ignored regardless of how much and how many ways we have factually presented the unconstitutionality of our convictions as well as the unconstitutionality of poorly written and poorly thought out laws enacted by the Arizona legislature.
Tragically, those of us in Arizona charged with a sex offense, who have been falsely accused, unjustly as well as unconstitutionally tried, convicted and imprisoned, you have chosen to ignore the most. It is all the more tragic because we are the ones that know first hand how pervasive the problem is here in Arizona. We have repeatedly tried to explain how the vague wording and enactment of Arizona Sex Offender Laws violate the 5th, 6th, and 14th Amendments of the U.S. Constitution.
The United States of Arizona has all but officially declared its sovereignty from the rest of America. It has indoctrinated laws and policies that are in direct conflict with the U.S. Constitution and Constitutional law. In Arizona’s Doctrine, the 5th Amendment and the Reasonable Doubt Standard of the 5th Amendment has been abandoned. Replaced by laws which infer that a person is guilty until proven innocent. In the Arizona Doctrine, the prosecution has been freed from the burden of proving guilt beyond reasonable doubt. A simple, “he did it” will suffice and is more than enough for a conviction. And “Due Process” is what ever the legislature and county attorneys decide they need it to be at any given point in time.
In Arizona’s Doctrine, the 6th Amendment right to a trial by an impartial jury does not apply if you are a minority or have a prior conviction and the right to effective assistance of counsel only applies to those who can afford it. And the 14th Amendment right to due process and right to equal protection under the law are meaningless because Arizona seems to make up arbitrary laws every other day.
Here in Arizona these major violations as well as other violations of our constitutional rights are nothing new America. None of what you are hearing is anything new. Those of us in Arizona who have been unjustly as well as unconstitutionally tried, convicted, and imprisoned, have been trying to enlighten you to these atrocities for several years now.
So, America-are you actually going to start listening now? This is our message and our question to you “from the inside”.
Carl D. Davis
Arizona State Prison-Tucson
FROM THE INSIDE
Written by: Carl Davis
For those of us who have been falsely accused, unfairly as well as unconstitutionally tried, convicted and imprisoned, this new year has began with the same concerns and trepidation that we have shared in past years. It seems more and more innocent men and women are falling prey to an over zealous and a “too eager to convict” criminal justice system. All the while serious hardcore and violent predators are slipping through the cracks and re-offending. Some violently so. Leaving everyone asking the same question. “Who is to blame?”
For those of us sitting in prison, innocent but convicted, we have our own perspective as to who is to be blamed. A large portion of the blame has to go to the media because they are the professional puppeteers and the master manipulator of public opinion. It used to be “truth in reporting” was the standard that every news media would strive for. But nowadays the news is big business with corporate sponsors and million upon millions of dollars at stake. Major media outlets now employ sociologist and psychologists to help them determine the most effective manner to captivate and hold the attention of a very intelligent but extremely naive public. And what works? Sex and fear. And when you combine sex, fear and over dramatic sensationalism, created by the media, the results are a money maker that has no equal. But it is also a disastrous, unforgiving nightmare for anyone caught in its path.
But an even larger portion of the blame has to be placed squarely on the shoulders of our criminal justice system. A system that has greatly gone awry. A system that has lost sight of its true purpose and ideals. A system that is greatly manipulated by the media and moved to react to a society that has been preyed upon by the same media. This has resulted in a “cause and effect” cycle that is now spiraling out of control. A system that has turned more into a monetary system rather than a judicial system. A system that is more predicted to building careers than instilling confidence in our judicial system. A system in which every conviction is seen as a notch on someone’s belt or another point on their resume. A criminal justice system in which every conviction is nothing more than a political pawn towards re-election. A system in which plea bargains are easier than the truth or justice. A system in which a hard core pedophile can take a plea and be back on the streets in a few years. This, while innocent men and women, myself included, who trusted and believed in the system, went to trial, only to run head on into everything the system is not suppose to be.
The shattered grand illusion. We are the ones that suffer the wrath of angry prosecutors. Angry because we refuse to take a plea. Angry because we had the audacity to believe in innocent until proven guilty. Angry because we never read the memo that disclosed the U.S. Constitution is obsolete and therefore no longer applicable in the new criminal justice system.
A system predicated on guilty until proven innocent. A system in which the prosecutors no longer have the burden of proving guilt beyond a reasonable doubt. A system in which prosecutors smile at the violent offender who has just signed a 3-5 year plea deal. The offender’s reward for giving the prosecution an easy win. A system in which, because I refused to take a plea deal, I now sit here, sentenced to 28 years in prison for a crime that never happened. Tried and convicted without any proof or evidence ever being presented at trial.
So as you sit and ponder who is to be blamed for putting violent offenders back on the street-here is a thought from those of us innocent men and women, who have been unjustly tried and convicted because we had the audacity to believe in the system and went to trial. We want you to keep this in mind. “Innocent men and women don’t take plea agreements and most guilty people don’t go to trial.” The end result being, the innocent go to prison while the guilty go free.
This is a fact we know all too well because we see it and live it everyday. This is our view, our
reality from inside these prison walls.
C. Davis #66882
ASPC Tucson/Winchester
PO Box 24407
Tucson, Arizona 85734
Well everyone, the State has responded to the opening brief for my appeal. As soon as the appellate lawyer finishes the reply to the State’s response, I will be getting my trial transcripts from here in Arizona. Then I can’t wait to get everything posted on-line for everyone to read. I look forward to the opinions so many share.
I also want to update everyone regarding another issue here in Arizona. Because of the extreme prison overcrowding and lack of tax payer dollars to spend, the State formed a legislative committee to look at the sentencing statutes of crimes here in Arizona.
Below I am including the body of a letter which was recently sent to the Arizona House of Representatives, House Study Committee on Sentencing and several of the speakers who spoke to the legislative committee.
The author of this letter is Sidney Keaton, an inmate within the Arizona Department of Corrections. It should come as a “shock” that many inmate’s indictments do not contain the necessary information to charge a person with a crime, yet they are convicted and sitting in prison.
Dear Committee Members, Speakers and Public,
I had the opportunity to read some of the minutes of the first meeting on Sentencing Reform held on Tuesday, December 15, 2009.
I would like to commend each speaker and member who attended the hearing. If I had the resources I would elaborate on what the speakers had to say but I am a prisoner with very limited resources. The formulation of the committee is a step in the right direction but sentencing is only the tip of the iceberg. What needs to be addressed is what procedures were utilized to reach the sentencing phase. The Arizona legislature has admitted that there is a real problem causing the over crowding of prisons, but it’s not just the sentences being imposed. For example, how many of the 40,500 Arizona inmates were ever charged with a “public offense” or the necessary elements to constitute the alleged “crime”? As the author of this letter, I will only comment on my case with limited reference to other cases.
I can only pray that this letter does not fall on deaf ears. Is there anyone out there with the integrity to investigate the real reasons the sentencing structure in Arizona has produced an over-crowded prison system at the tax payer’s expense? And is there anyone who is willing to take a stand against a corrupt government? This is the only wording I know to use when the State brings charges against an individual, the Court adjudicates that person and sends him or her to prison, when they are never charged with an actual crime. I’ll explain the best I can. Please understand, I am not a lawyer and have no legal background, but I can read and understand the Arizona Rules of Criminal Procedures that are the safeguards to ensure the proper employment of legal standards in protecting an accused constitutional rights. The Arizona Supreme Court adopted the rules of Criminal Procedures and stated: “These rules shall govern the procedure in all criminal proceedings in all courts within the state of Arizona…” So, why have these mandatory rules become more speculative than disciplined, unless the system has become corrupt?
In my case alone the Arizona Government has spent close to or more than $1,000,000.00 to prosecute and incarcerate me. My case to date has involved two jury trials, three evidentiary hearings, four judges, four prosecutors and eight defense attorneys. Each judge, prosecutor and defense attorney had a legal and moral duty to seek justice, not a conviction. So why did it take my own efforts, with very little research material, to discover that I have never been charged with a “public offense” or more commonly known as a “crime”? However, I was charged with the title of a crime and the statute that states all the various ways the crime would be committed but not how the alleged crime was committed. For those who are confused, a “crime” is the “act” or “event” that actually took place and must be stated in the charging document with specifics. If the indictment, information or complaint fails to give a “statement of fact” the state is not charging properly and the court does not have jurisdiction to assemble a forum, enter judgment of conviction or sentence a person to prison. This includes accepting a plea of guilty. The best way I can explain what a “statement of fact” is would be a speeding ticket. It gives the make and model of your vehicle, plate number, speed you were going, posted speed, time of day, date, the location by route number, street name, address, etc. your drivers license number, insurance information and any other factors relevant. This would be a “statement of fact” and included the essential elements of the crime. However, this state fails to properly charge an alleged offense. My case is not the exception but what appears to be the norm. I have personally reviewed numerous charging documents (indictment, information or complaint) of other inmates, all of which were for sex offenses. This is logical, as I too was charged with sex offenses and I’m in a sex offender yard. Out of the 100 or so charging documents I’ve read over the last ten years of incarceration, not one has been drafted according to the law and would not survive constitutional scrutiny of the United States and Arizona Constitutions.
The question this committee should ask is, “how could something like this happen and how do we correct it? To ignore the most basic reasons why the prisons are so overcrowded would be to condone the illegal incarceration of thousands of Arizona prisoners. Where have all the checks and balances gone?
I will not go into depth on my case or any of the others listed herein. For those not familiar with the Arizona Department of Corrections, you must understand-we do not have access to a “law library” nor precedent case laws. Our only access to case law is from outside sources and we share as much as possible with each other. In essence, a prisoner fighting his case from behind bars has little or no chance of success.
It is time the taxpayers and members of the legislature are made aware of how family members, friends or acquaintances are being illegally incarcerated. Has Arizona become a third world country within itself or is this the type of judicial lynching that is going on across our once great country? Could this also explain why the United States has become number one in the world for incarcerating its civilian population?
We as prisoners, do fear retaliation, but, as I recall Nathan Hale coined the phrase “Give me liberty or give me death”, if that is going to be what the future holds, I say, bring it on, for I have only begun to fight.
If anyone is really interested and has the intestinal fortitude to speak out against a corrupt system, here is just a few names to start with, who are also illegally incarcerated due to the fact that they were not charged properly which seems to be at epidemic proportion within this state and possibly nationwide.
Sidney Ray Keaton, Author
DOC #154007
Apache County Cause No. CR 2000-78
Bryan Bochert
DOC #185366
Maricopa County Cause No. CR 2000-07248
John Charles Loomis
DOC #206936
Maricopa County Cause No. CR 2005-015166-001DT
Stephen Smith
DOC #225948
Maricopa County Cause No. CR. 2007-008780-001DT
Carl D. Davis
DOC #066882
Maricopa County Cause No. CR 2005-127207-001DT
Tony Coffey
DOC #155144
Maricopa County Cause No. CR 2000-005856
Santiago Martinez Diaz
DOC #185277
Maricopa County Cause No. CR 1988-01045FE
Shawn Reel
DOC #244286
Yavapai County Cause No. CR 2009-0148
Eldon Head
DOC #210807
Maricopa County Cause No. CR 2006-030248-001SE
Stephen Karban
DOC #234332
Maricopa County Cause No. CR 2005-011625
In conclusion, the bottom line is, I charge the Arizona Government with the kidnapping of myself and others who are illegally restrained of their freedom without the procedural due process of the law by a corrupt state government.
I am not advocating the guilty. I will be the first to admit there are prisoners who should never under any circumstance be released back into society. But, if they were not charged for a crime by legal methods, the State can through a properly utilized legal system, recharge them and gain a conviction for an actual crime.
How many examples are needed to recognize the real problem? If no one wants to step forward remember you or a member of your own family might very well be the next to face what resembles the methods used by third world countries to keep their citizens oppressed.
Sidney R. Keaton
If you find Mr. Keaton’s letter hard to believe, well investigate for yourself. I have also reviewed many inmate’s indictments, and I have never seen such unconstitutional legal practice.
Until next time, everyone take care.
Well everyone it has been a while since I posted any news. So I thought I better let everyone know I am doing good.
I am still waiting for the state to respond to my opening brief for my direct appeal. That does not mean I spend my time just “relaxing”. I have spent considerable time assisting other inmates in filing their Rule 32 petitions for post conviction relief.
Take care, I will post again shortly.
Jim, I agree the Arizona Bar was probably not going to do anything regarding the conduct of my prosecutor, Rachel Phipps-Yonas during my trial. I knew the type of response I would get before I ever filed the complaint. However, I did it for more than just placing her name before the Bar Association. I did it so readers could read my complaint and know what type of injustice actually occurs here in Maricopa County. If I simply tell the world that injustice is acceptable in Arizona I probably would be seen as just an angry individual who lost at trial. However, by filing the document I did and placing it for everyone to read, it gives my critics at Maricopa.Gov ability to dispute the facts. Unfortunately, they can’t dispute my statements because they are true.
Did anyone see the news clip on CNN regarding the blatant disregard for constitutional protections here in Arizona? Did anyone see the clip showing a Maricopa County Deputy steal a document from a defense attorney’s briefcase as she had her back turned? Did anyone see the clip of the Maricopa County Superior Court Judge defend the action as possibly appropriate? I know Carl Davis commented on this, but I want to give some details as to what occurred right here in Maricopa County Arizona.
On October 19th, 2009, during the sentencing of Antonio Solis Loranzo, while his attorney, Joanne Cuccia, was addressing Judge Lisa Flores, Officer Adam Stoddard removed a letter from Attorney Cuccia’s briefcase while she was not looking. All this action was caught on courtroom video. The accused, Antonio Loranzo, told his lawyer “that officer just took something from your briefcase”. Immediately the lawyer addressed Judge Flores and the judge tried to justify the officer’s actions.
The CNN news anchor had several attorneys questioned on air as to whether Stoddard’s actions could ever be justified. Not one could offer any support as to when this action would be appropriate. Each attorney was amazed at how Judge Flores tried to justify the officer’s actions. The news anchor further commented that “if this type of activity occurs in a Maricopa County courtroom, in front of cameras, what goes on in that county behind closed doors”. He further went on to say that is probably why the Justice Department is investigating Justice in Maricopa County.
So why did I tell this story? Two reasons. First I want viewers to follow this story by checking the newspaper articles in the Arizona Republic or on CNN’s web site. The second reason is personal. Immediately after my trial I filed a motion with Judge Lee so the courtroom security videos would be preserved. Video cameras are located all over the courtroom. Those cameras would have showed the in-court behavior of Judge Lee, the prosecutor Rachel Phipps-Yonas, and the lead investigator, Detective Kathy VanGordon. But guess what Judge Lee’s ruling said? Read my June 26th, 2008 minute entry. It says: “This division does not operate audio or video equipment during court proceedings”. So how did CNN get the video clips from those in-court cameras if the Superior Court does not operate audio or video equipment during court proceedings?
FROM THE INSIDE
STEVE’S BLOG
WRITTEN BY: CARL DAVIS
Americans watched in shock and amazement as the news media, C.N.N. exposed a blatant constitutional violation transpiring in a Maricopa County Superior Courtroom. A constitutional violation so blatant that it prompted the C.N.N. correspondent to ask, “What is going on in Maricopa County Arizona”? He also asked, “If Maricopa County Superior Courts are openly committing and then trying to justify constitutional violations of this magnitude on camera, then what kind of violations and atrocities are being committed behind closed doors…”
But for the innocent men and women wrongfully convicted in a Maricopa County Superior Court, myself included, this was no surprise. Because we already know that this was business as usual in the Maricopa County Superior Court system of justice. I know first hand what blatant disregard the Maricopa County Superior Court has for the United States Constitution and the Federal Rules of Court as well as its own Arizona Rules of Court.
Since 2005 I have witnessed, in total amazement, Maricopa County Superior Court judges, prosecutors and various policing agencies within Maricopa County Arizona, completely “trash” the United States Constitution as well as U.S. and Arizona legislative laws in order to gain a conviction. I have seen first hand how Maricopa County Superior Court judges and Maricopa County prosecutors have taken well intentioned, but vaguely written legislative laws and manipulated, misinterpreted and misapplied them in such a manner as to render these laws completely unconstitutional.
I have been fighting to regain my freedom since my wrongful conviction in May 2006. A conviction that was only obtainable by the manipulation, misinterpretation and misapplication of U.S. And Arizona Legislative Law as well as constitutional violations committed by both, the trial judge, who was the trier of fact and the county prosecutors, who seriously have no interest in justice. Their only concern is to win and win at any and all cost..career and political advancement being their only agenda.
But finally, national attention is being cast upon the unconstitutional and improper practices that are an everyday occurrence in the Maricopa County Superior Court system.
Finally, could this be the final tally, the final atrocity that will prompt the U.S. Justice Department to launch a full investigation into the unconstitutional and sometimes corrupt practices that are common place in the Maricopa County Judicial and policing establishments.
Finally, maybe someone will put forth the effort and talk to those of us who have been falsely convicted in a Maricopa County Superior Court due to these types of constitutional violations and the blatant violations of U.S. As well as Arizona Rules of Court.
Finally, maybe people are really starting to listen, are really starting to see and are starting to realize that there is a lot of truth in what those of us who have been falsely convicted, even though our innocence has a factual as well as legal foundation, have been saying.
Finally…a little hope…even just a glimmer…from the inside.
C.D. Davis #66882
A.S.P.C. Tucson/Winchester
P.O. Box 24407
Tucson, Arizona 85734-4407
Just a few items to update everyone about. First, my Bar Complaint against Ms. Phipps-Yonas is finalized. To read the complain in its entirety, click here.
Secondly, this web site is getting legislative interest. In the future I may be able to disclose additional information, just not at this time. But I will inform everyone should anything further transpire.
Also, I received a recent letter from the Arizona Commission on Judicial Conduct. This response was probably the result of my letter to Mr. Keith Stott requesting him to comment on-line as to why my judicial complaints, numbers 08-282 and 09-075, regarding Judge Raymond Lee and Timothy Ryan were so easily dismissed. Mr. Stott wrote on September 16th, “The Commission on Judicial Conduct has denied your motion for reconsideration of your complaint against judges Raymond Lee and Timothy Ryan. The Commission carefully reviewed the issues you raised and found nothing that would justify reopening the case. The case will remain closed.”
Apparently, Mr. Stott did not recognize the fact I was not requesting reconsideration, but rather justification.
I have been contacted by the Arizona Bar Association regarding the complaint which was filed against Ms. Rachel Phipps-Yonas, the Maricopa County attorney who also represented the state in my own case. The Arizona Bar has requested I file my own detailed complaint regarding the behavior of Ms. Phipps-Yonas during my own trial.
Although I believe the complaint will be pointless, I will file the paperwork. The Bar Association needs to know Ms. Phipps-Yonas does not follow the Criminal Rules of Procedure established by the state of Arizona, ignores the rights of the accused as protected by our constitution, and is more focused on obtaining a conviction than seeking justice. I will also file the paperwork so the citizens of Maricopa County know what type of individuals are employed by their County Attorney, Mr. Andrew Thomas.
So why do I feel my complaint is pointless? During trial when I sought sanctions against Ms. Phipps-Yonas for her misconduct, a biased judge, Raymond P. Lee refused to hold her responsible. The Bar’s opinion (probably) will be, if the judge did not sanction the county attorney, then there must not have been misconduct. I have seen this argument previously and would expect the Arizona Bar to follow their past behavior.
Once my complaint form is finalized I will post a copy of the document for everyone to view.