Category Archives: Wrongful convictions

Wonder Why Your Public Defender Won’t Properly Defend You?

You wonder why your public defender would not challenge the cops or D.A. In your case. You tried to tell him/her that cops were lying and the D.A. is helping them. Your public defender would not listen when you asked them to hire an expert or P.I. and refused to file certain pre-trial motions; speedy trial demmurs; 4th amm.suppression; motion to dismiss that you knew could had proved you innocent or got the case thrown out. If your public defender properly defended you, they would get disbarred or possibly thrown in jail. Here are a few reason why. 

1. Public Defenders are paid a paltry sum that is capped at a flat rate, which severely limits the amount of hours they can spend per motion, traveling court appearances etc. They are defending your life on a plumber’s wage. 

2. Attorneys in general are not in the business of “messing with the churches money.” Their first loyalty is to B.A.R., not to the client! (Go read their B.A.R. Oath) The members of the B.A.R. In the courtroom include (but not limited to) your attorney, the D.A. and the Judge! All brothers and sisters. A family affair if you will. So your public defender, the cop that arrested you, the D.A. and the judge are all being paid by the same state. Can you say: conflict of interest. The B.A.R. Is a private club, is not a state or federal agency, it is not open to the public; it controls the courts and the government. 

3. Your public defender works for the client. The client is the person who pays said public defender? (under the “color of law” a corporation is also a “person”.) The same state fund that pays the judge, the D.A. and the cop that arrested you. You are not their client! They don’t work for you! The client does not want them filing motions that the state cannot contend with, motions that may get the case dismissed early on in the proceeding. 

4. Attorneys are private agents to a private principle (the B.A.R.) and are only allowed to represent other corporations. So how did attorneys enable themselves to represent you? By fraud: They use your name (in all caps) as if its a corporation. So then your name acts as a “Joinder” or “transmiitting utility” to connect the flesh and blood you, with a fiction (corporation), to enable other corporatìons, B.A.R., the court, the STATE to contract or do business with you. The fraud in all of this is that they neglected to “fully disclose” all this to you. They can’t disclose the true nature of the attorney client relationship to you. However they can and should inform that in court proceedings, the “law” provides other options then trial or prison to discharge a cause of action or claim against you. Check out: AFFIRMATIVE DEFENCES: confession and avoidance. What you are avoiding here is prison time!!!

5. Your attorney cannot and will not correctly inform you that there is no such thing as “victimless crime”. “Victimless crimes” make up about 98% of all crime in this country. So the whole judicial system is basically funded by it. Faliure to pay a fine, moving violations, drugs, guns, tax fraud etc. etc. are not crimes. They are what is known as statutory violations; “mala prohibita” and do not constitute crimes under the courts own law. Here is some more latin for you; “corpus delecti”: The body of a crime. The criminal intent;  The person responsible; The victim or remains of the victim and damaged property. This is the courts own standard for what a crime is. Who did you victimize with your bag of weed? Here is another legal standard. The federal rules of civil procedure: “To make a pleading in any federal court, one must plead a violation of civil rights and damage”. The violation of civil rights speak for itself. Damage means an actual injury or you damged my property or you just owe me a debt for something. So if you are locked up for a traffic violation or fishing without a license, who is the victim? The state can’t be a victim because the state is not a human, its a corporation. If the state is claiming to be the victim than it needs to come and take the stand so I can cross examine it. The cop can’t be a victim to the sack of weed he took from me. An inanimate object cannot be a crime.      Like it or not the scheme I have presented to you is the system at hand and part of the reason you will never get a fair trial. If you want to effectively agitate you must learn how to operate, I hope this truth I have shared with you will inspire you to learn the true nature & cause of these proceedings. We must step our game up!     Please excuse my lack of citations and errors. For I am being held in GA.s own baby Guantanamo (SMU). I don’t have any of my books or papers. Just my thoughts and this liquid sword. Hotep! 11/17/18

Jose M. Rosario Gonzalez #1001280113

L.E. 107

GDCP (SMU)P.O. Box 3877

Jackson, Ga. 30233

Serving 13 years after Attorney misconduct leads to wrongful conviction

On November 11 and 21, 2008 in Muscogee county of Columbus, GA, two armed robberies took place. Police arrested several people, charging them all with armed robbery, assault, and a host of other charges. Although every witness said Ladarious Colbert was not one of the perpetrators of the robbery, the court would not allow his case to be separated from the others, Richard and Raimone Boynton. Victims of the November 11 robbery of Little Ceasers, Sade Williams and Anet Montgomery, both stated at trial that Colbert was not the perpetrator who comitted the robbery.

Colbert’s attorney failed to file a motion for the cases to be separated, interview the witnesses, prepare a defense, or ask for a continuance so he would have time to prepare. He later testified that he had failed to provide adequate assistance; it is highly unusual for an attorney to admit that his assistance was ineffective.

Colbert was convicted in October 2009 and sentenced to 25 years, to serve 13, without parole.

In a violation of professional ethics and the law, the then District Attorney who tried the case (now a defense attorney), David Helmick, spoke with witnesses ahead of time and got them to testify against Colbert, coaching them on what to say. Colbert’s co-defendant Jasmine Arrington and two voluntary state witnesses Demarco Jones and Nigel Towler each cooperated in exchange for a hope of benefit. Co-defendent Jasmine Arrington testified against Colbert, and denied under oath that there was any deal between her and the DA. But after Arrington’s testimony and Colbert’s 11-count conviction, her case was transferd to the juvenile jurisdiction and she was given probation, even though her crime was a “seven deadly felony” with a mandatory minimum sentence of 10 years. Another co-defendent, Demarco Jones, testified that the DA had not offered to reduce his sentence in exchange for his testimony against Colbert, yet the attorney asked the court for leniency in his sentencing for his “cooperation and testimony”. Before Colbert’s trial Jones had been sentenced six years to serve four for an aggarvated battery conviction in Feburary 2009. After Colbert’s conviction in October 2009, Jones was released on a “supersedes appeal bond” and remained out until the complete termination of his 6-year sentence on March 14th, 2014. All proposals of lenincy were made by Helmick, who at trial had denied any consideration or agreement of a deal.

In a hearing in May 2013, Helmick could not sufficiently rebut the accusation that he had coached the witnesses. He and his entire office was removed from the case and replaced with the Griffin Judicial Circuit’s DA. Colbert argued that he should be given a new trial because deals made between the DA and witnesses had not been revealed to the defense as they are legally required to be.

In June 2014 Colbert’s motion for a new trial was given a hearing. The judge, Ron Mullins, was supposed to rule on the hearing within six weeks, but Colbert waited in prison for over two years before Mullins finally rejected the motion, denying a new trial. Colbert made an appeal to a superior court, which if it succeeds would allow him a new trial.

In the seven years Colbert has waited in prison, he has been active in efforts to improve prison conditions, protest mistreatment, and encourage an end to gang violence. He has networked with prisoners and published newsletters and articles urging unity among gangs and prisoners so that they can face their real enemy, the prison and justice system that aims to treat them as slaves.

Colbert took the judge’s rejection of his motion for a new trial in stride, saying, “I take the denial as motivation. The more injustice the courts of Muscogee County commits to keep me confined, the greater the reward of justice will be. In due time every criminal is punished by righteous fate, your oppression is the fuel to my drive and determination.”