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*** Lifer, Without Possibility Of Parole, Speaks ***

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  • jail4judges
    J.A.I.L. News Journal _____________________________________________________ Los Angeles, California May 10,
    Message 1 of 1 , May 10, 2003
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      J.A.I.L. News Journal
      Los Angeles, California                                                   May 10, 2003

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      Lifer, Without Possibility Of Parole, Speaks
      (By Bob Lokey, savbabys@...)
      Yesterday, we sent out Scott Huminski's findings, (VT J.A.I.L.), that the odds of obtaining justice in our present-day judicial system is equal to  winning the lottery. How often have I, myself, said that we would have a much more greatly improved judicial system over what we now have if we just submitted all decisions to the flip of a quarter. This conclusion is draw upon the reasonable presumption that we at least would be able to obtain justice 50% of the time. (Winning the lottery is a far cry from a 50/50 odds.) And just think of how much cheaper it would be on the taxpayers to run our entire judiciary on the flip of quarters.  Imagine -- no attorneys or attorney's fees, no huge lawfirms, no more judges drawing six-digit salaries of $150,000 to $200,000 each, no years of protracted and harassing discovery, no court reporters, no more finagling judicial elections and all the costs associated with it, no more judicial retirements or bookkeepers keeping tabs, and no more influence of politics associated with obtaining justice, etc. Just this consideration alone would greatly catapult America's economy forward like no one could imagine. For those of you who think that justice destined at the flip of a quarter is too ridiculous, then, of course, there is the option of passing J.A.I.L. as an even a more reasonable way to approach justice, resulting in an even greater boost to the American economy.
      Checking in on this subject is Bob Lokey, whose life hung twenty years just this side of the Death Penalty as a lifer without the possibility of parole. Bob is now out of prison and placing his energy into reversing the politics of injustice for all by seeking judicial accountability.
      Following Lokey are the comments of Attorney Gary Zerman just prior to the reprint of Scott Huminski's findings for the benefit of those who have not yet read Scott's fine article. People would do well to retain this J.A.I.L. News Journal for the benefit of others, and to constantly remind themselves of the depth of the wickedness of our nation's judiciary, and the vital need for J.A.I.L.
      -Ron Branson-

      ----- Original Message -----
      From: B. Lokey
      Sent: Saturday, May 10, 2003 11:21 AM
      Subject: Re: Odds Of Obtaining Justice In Court

      Welcome to reality, Scott.  Been there, done that. 
      Eventually, however, I was quite effective in my pursuits.  Indeed, all my hopes were exceeded.  However, I did not pursue with any expectation of stirring the mindless behemoth to relief in my behalf, as the legal system is not designed to serve such a purpose. 
      The thrust of the legal system in America (and I am sure in the rest of the world) is, and heretofore has ever been, to destroy justice, not to preside over its promotion.  The judicio-legal system is simply a huge industrial enterprise that warehouses people and otherwise processes them for destruction, much as a slaughterhouse processes cattle, chickens or hogs.  The simile is apt all across the board.  The judicio-legal industrial complex also serves folks up to be eaten, as cattle, chickens or hogs.  Lawyers and judges serve it as butchers serve any animal-slaughtering enterprise. Become entangled in it at peril. 
      I pursued legal relief in a totally hopeless situation in the same manner and for the same purpose that I would punch somebody back for punching me to begin with, if I were able to land a blow of any kind or magnitude. I have always liked to reign blows on my enemy, especially when he strikes me first.  And this was all I did.  If I could only spit on him, I spat; if I could but scratch him, I scratched; if I could only glare my loathing at him, I glared.   
      Miraculously, the Ninth Circuit actually heard my case (that had been many years in the making), issued a very powerful opinion in my behalf, and backed my play even against a U.S. Supreme Court that deliberately, with coldest calculated intent, specifically designed two cases to knock me down, and ruled, "Hey, man, we're sorry, but, gee,.... What can we say, except, 'f... you and yours, and take this shaft directly ... without any grease.'" 
      The Ninth Circuit didn't dig it, and reinstated my case, then hired a lawyer to assist me, stating that I had action irrespective that 'God Almighty' sitting in Washington had fashioned a booger just for me, and flicked it on me.  Of course, the lawyer wasn't much help. It was about like not having one. 
      However, ere all was said and done, (and principally because the Ninth Circuit unimaginably backed my play from zero to infinity, even against a mightily resisting U.S. Supreme Court), I literally (not figuratively) devastated the State of California's legal system and freed myself from an unjust and arbitrary imprisonment in San Quentin Prison that was calculated to bury me in prison until I was dead (a sentence of life without possibility of parole, of which I actually did about twenty years altogether.) 
      I fought only because I could (with no expectation of actually winning anything) and because I felt that even if I were able to do little more than spit blood on the shoe of my murderer, I would hit him at least with something.  If I could do no more than loathe him and make him see it, I would hit him with that.  I struck with any straw available to me. 
      Eventually, because God amplified my actions (there is no other explanation), I loaded California down with costs that ran into the hundreds of millions of dollars and still counting almost thirty years later.  I'm also free of the State of California's most powerful and enduring judgment, short of death in the electric chair, hanging, or lethal injection.
      And so, I can tell you, based upon empirical knowledge, that your principle is a good one.  Fight the good fight only to feel the crunch of your blows landing wherever they are able, irrespective how large or small.  If your cause is righteous, you just may prevail as I did.  

      Attorney Gary Zerman Comments

      You are so correct.  It is called "the appearance of justice."  Clearly, if no one won, it would be straight black and white.  Everyone would know it was corrupt.  When you go fishing, you put out bait or chum, to draw in the fish.  Las Vegas and Atlantic City broadcast the winners with bells, whistles, sirens, and flashing lights going off. 
      The truth is, most Americans are tourists in their own country, and take good for granted. Freedom and liberty requires constant vigilance.

      There are some good books out there that tell about how bad it is (although they don't go far enough). Catherine Crier's "The Case Against Lawyers," Sol Linowitz's "The Betrayed Profession-Lawyering at the End of the 20th Century," Judge Harold Rothwax's "Guilty-The Collapse of Criminal Justice,"
      Ralph Nader & Wesley Smith's "No Contest [as in a lawsuit] -Corporate Lawyers and the Perversion of Justice in America," Phillip Howard's "The Death of Common Sense - How Law is Suffocating America," Walter Olsen's "The Rule of Lawyers:  How the New Litigation Elite Threatens America's Rule of Law," and Dorothy Rabinowitz's "No Crueler Tyrannies:  Accusation, False Witnesses and Other Terrors of Our Lives."

      You know it's bad.  We know it's bad. That's why we started JAIL. 
      Attorney Gary L. Zerman

      Odds Of Obtaining Justice In Court
      Worse Than Win In A Casino
      (By Scott Huminski, Vermont JAILer)
      scotth@...  /  s_huminski@...
      Subject: Odds Of Obtaining Justice In Court
      Date: Sat, 10 May 2003

      Hey folks .... I had my opponents in such a strong argument that the opposing attorney didn't respond, and the court made one mention to an entire theory of relief, "Denied."  My facts are unopposed on the record and my arguments are likewise unopposed.  Yet, the government defendants prevailed in the lower court, and if all works as usual, they will win on appeal.

      Please be advised to undertake a battle to vindicate your civil rights as a hobby with zero expectation of winning. Otherwise, this type of litigation can be very stressful, depressing and frustrating.

      I used to compare these court battles with going to a casino. But, it's more like buying a lottery ticket.  Occasionally, somebody gets lucky and the media plays it up as if the system is working.  ....

      Scott Huminski

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