Now as a result of having to sell my laptop(to pay for rent) I was not able to finish the article on my incarcerationLegal(illegal)troubles.click here to read. I am still suffering from bronchitis,diverticulitis( and no..it is not just about controlling my diet...and yes, it is aka irritable bowel syndrome though the name IBS belittles the actual pain[it's beyond irritating] I feel,as if someone is scraping the insides of my bowels with a blunt knife), the tremendous pain in my right foot as a result of the surgeries in June 2007. And of course the testicular masses that cause me extreme pain, nausea and diminished energy.And let us not forget the 17 stab wounds I received in 1992 ,that would be an injustice to my person not mention these scars of honor (including the numerous times I have been severely beaten in the the head with hammers,fists,rocks and sticks).
As a result of the suffering I was subjected to, while incarcerated as a result of no medical treatment,I was definitely in fear of losing my life while in jail.I told this to my public defender(Emilie K.). I told her I wanted to fight this case.
I showed her the the fist sized,pus filled staph infection on my back(she eeewwwed!) and explained to her the nature of my arrest.
An inspector general w/ the State of Oklahoma, after an act of road rage on the freeway, on his part, pulled behind me on the side of the road, after I got off the freeway to call 911.
He exited his vehicle w/ weapon drawn after he realised I was trying to call 911 and ran up to my car window and leveled his gun at my head and detained me for over 2 hours at gun point until ,after numerous calls on his cellphone to the OKC police dispatcher, an officer finally showed up. Two hours later!
He did an illegal stop ,search and seizure. And then to top it off, he turned the story around and told the officer that it was in fact "I" that that had committed the act of road rage.The car he was driving was an unmarked impala(personal vehicle?) with no police radio(hence the calls on cell)and no police lights.He told the officer that he initiated the "traffic stop"and that I exited my vehicle with a drawn gun pointed at him.
Can you imagine that , me stopping willingly ,after someone has just tried to ram me with his car several times and tried to force me off the road(even going to the extent of slamming on his brakes when he pulled ahead and in front of my vehicle) ?
I was not even aware he was in the capacity of law enforcement.And then can you imagine both of us ,on the Oklahoma/6th street, each exit our vehicles with guns drawn?
I had a pellet gun under my seat for the purpose of killing a mouse that had entered my car through some boxes in the course of a move. He found this pellet gun, after he had handcuffed me, during one of the times he searched my car.I explained to E.K.(public defender) how my arrest had transpired. And if my assumptions were right about this agent,it was a pretextual stop ,if not warrantless and without probable cause. It was illegal and unconstitutional.In his capacity he hadnot the jurisdiction to initiate a traffic stop.
My case was good and I would prove it in court.
I also explained to her the non medical treatment,malcontent and malfeasance on the part of the Jail and it's staff.And/or the inability or apathy on the part of the jail staff to address these issues ,including denial of access to the law library to defend my self.
I asked her if she would be able to guarantee me medical treatment at the jail,if I stayed in.
I asked her how long the case would be moved up the docket if I fought it from jail,considering they had also not released me.
She responded that if I took it to trial, they would claim that the stop was good and that in her opinion it was , that she had no say so in what treatment or not that I received while in the jail and that she knew that my case would be set for prelim somewhere in April of 2008 if I decided to fight it.
She also mentioned at this time that the DA was in a foul mood and that all they were going to offer me was no less than 5 years due to my record.I told her that due to the Jails inability/unwillingness to provide medical treatment , I was afraid that I would be dead within a week or two.That's how bad off I was physically.
She then said ,"it would be to your best interest to sign for the 5 years suspended sentence if you want to live and get out of jail" .
I flatly told her that it would be under duress if I signed.
She said," You do want to live and get out of jail, don't you?"
I told her I would accept the offer, but that "I am under duress!"
During the signing of the paper work,while she read off a list to me , stating that I was willingly and knowingly,in clear mind and by not any force or threat ,consenting to the agreement issued by the DA, I again stated that I was under duress.
I could barely breathe.
After another 4 hours of suffering in the freezing cold holding cell ,I was finally presented before the Judge.
Now that I look back, they must have been all aware of the situation and circumstances of my case, because when in front of the Judge during judgement and sentencing, he (the Judge) sent E.K. on an errand and had some other guy step in for her.Of course ,he asked me if minded.
What was I supposed to say,"Yes, I mind!" And get the procedure postponed and get sent back to the jail, to be lost for another 4 weeks!
After being released from jail 3 days later I was intent to pursue the recourse's to justify my innocence and remove this unjust/injust burden.
That is not what happened.
She refused to return my calls,make an appointment to see me ,or speak to the DA concerning the property (my digital camera/laptop backpack)that the OKC police were holding and refusing to release,citing probable evidence that the DA might want to pursue charges on, even though the case had been disposed of w/ prejudice.
I wrote her a letter explaining the "evidence" and hand delivered it to her office.I did not make her aware that a copy of this letter that she received was also given to the DA minutes after I had dropped hers off.The DA would not speak to me ,of course ,without my attorney of record present.Things came to a stand still.