Our Grand Children are victims of;

"Protect the "system" at all costs. The "system" is the only ultimate sacred cow - not any particular law or constitution, but only "the system." Because, ultimately, it is the system which makes certain that the individuals functioning within it - from judges to lawyers, to prosecutors, to politicians, to businessmen - have their places and positions, and opportunities and pecking order, and future."

In 1696, England first used the legal principle of parens patriae, which gave the royal crown care of "charities, infants, idiots, and lunatics returned to the chancery." This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families' child rearing practices.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Preamble of the original "organic" Constitution

"We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776


Sunday, June 29, 2014

Rethinking foster care: 
Molly McGrath Tierney at TEDxBaltimore 2014
Published on Feb 27, 2014
This talk was given at a local TEDx event, produced independently of the TED Conferences. Molly McGrath Tierney is the Director for the Baltimore City Department of Social Services, managing the City's child welfare and public assistance programs. Over the past six years, she has led a massive reform effort to dramatically improve the impact of services to vulnerable citizens of Baltimore. Molly's work is considered a national model for modern social services.




 Our Grand Kids were thrown into this system almost three years ago. Since they are now part of a magnetic chess game where all pieces have a carefully pre-planned movement, they will be adopted out as we believe that was planned before they were taken. They have not only lost their Alaskan family heritage, they have lost their inheritance. When Gramma and Grampa are gone, it must go to someone else as the "new family" is not getting it. Let them actually live here and build their own heritage, not just claim they have one. The kids will know the truth some day.

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207

Monday, June 9, 2014

New Commission to Regulate Prosecutorial Misconduct

From:  Mad Angel- a prosecutor is suppose to find all the facts of the case even if it proves you innocent. But that's not what prosecutors are doing even in cps cases. Instead they are just another lawyer on cps side.

From: Huffington Post THE BLOG
Posted:
"New York State is poised to become the first state in the nation to create a public commission specifically designed to investigate complaints of misconduct by prosecutors and impose discipline upon prosecutors who violate the rules. The commission is modeled after commissions on judicial conduct, which exist in every state, including New York, to regulate the conduct of judges. Given the prosecutor's unique role as a "minister of justice" who occupies a "quasi-judicial" position, the huge costs on the criminal justice system from prosecutorial misconduct, and the abject failure of other mechanisms to discipline prosecutors, it is essential to the integrity of the justice system and the public's confidence that the system functions fairly and accurately, that this commission be created.
The incidence of misconduct by prosecutors in New York and across the country is escalating. Flagrant misconduct by prosecutors has been documented in several recent high-profile cases: late Senator Ted Stevens' conviction was thrown out because of egregious misconduct by federal prosecutors; the Duke Lacrosse prosecutor Michael Nifong was disbarred and jailed because of his misconduct; and prosecutor Ken Anderson, who hid evidence that wrongfully convicted Michael Morton and sent him to jail for 25 years, also was disbarred and jailed. But these cases are the tip of the iceberg. They illustrate the terrible consequences of misconduct that occurs regularly in thousands and thousands of other cases but do not receive the same publicity.
Prosecutors claim that reports of misconduct are exaggerated, and that misconduct is the work of a few bad apples, or a handful of rogue prosecutors. Indeed, some prosecutors in New York even claim that the prosecutor commission has been created to retaliate against the Moreland Commission, which subpoenaed legislators in connection with its investigation into public corruption. But given the extent of misconduct nationally and in New York, and the fact that this proposed commission has been studied for several years, this response by prosecutors is misguided and misinformed. Indeed, in a remarkable opinion by Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals, in which he was joined by several colleagues, Kozinski writes that the culture of prosecution has changed dramatically in recent years; no longer is misconduct by prosecutors the "exception" or "a rare blemish." One of the most pervasive forms of misconduct - hiding favorable evidence that could prove a defendant's innocence -- "has reached epidemic proportions." Judge Kozinski concludes, just as so many courts and commentators have previously concluded, that "some prosecutors turn a blind eye to misconduct because they're more interested in gaining a conviction than achieving a just result."
The increasing incidence of misconduct by prosecutors is not surprising. The phenomenon is closely linked to the post-9/11 legal and political culture of fear, secrecy and repression in which the power of law enforcement, especially of prosecutors, has become much more dominant and aggressive. Prosecutors see themselves almost exclusively as "Accusers and Convicters." This unsettling spectacle has replaced almost completely the prosecutor's other important function to respect the rights of everybody, including defendants, and ensure justice for all persons. In this changed climate, the goal of finding the truth becomes submerged in an overly-aggressive law enforcement culture. In this troubling period of criminal justice, prosecutors get the message that they can prosecute as hard as they want and as far as they want, and there is virtually nothing to stop them. This new climate is manifested by massive and warrantless electronic surveillance, far broader leeway for law enforcement to search, seize and get confessions, a huge increase in drug arrests and prosecutions, a huge increase in the prison population, and more and more legislatively and judicially-created weapons in the hands of prosecutors to help them get convictions.
Moreover, it is well-known that sanctions against prosecutors who commit misconduct are either inadequate or non-existent. Prosecutors who commit misconduct are hardly ever disciplined. They are almost never disciplined by their own office, rarely disciplined by federal and state disciplinary agencies, and hardly ever disciplined by the courts, even for gross and repeated acts of misconduct. Consider the case of upstate New York prosecutor Jeffrey Taylor. As documented by the New York State Criminal Defense Lawyers' Association, despite six cases in which he was harshly rebuked by state and federal courts for his misconduct, and where four of those cases were reversed because of his misconduct, Taylor has never been disciplined. Despite numerous reports of misconduct against the office of former Brooklyn County District Attorney Charles Hynes, there is no report of any prosecutor in his office being disciplined for misconduct. And when a judge actually disciplines an offending prosecutor, it becomes headline news because of its rarity, as occurred a few months ago when a Bronx judge banished a prosecutor from his courtroom for life because of her flagrant misconduct.
Errant conduct by prosecutors exacts tremendous costs. First, scarce taxpayer resources are expended on having to litigate and re-litigate cases over and over again because of a prosecutor's misconduct, which money could be much better spent making communities safer. Second, the failure of the criminal justice system to deal effectively with misconduct by prosecutors and make them accountable when they violate the law erodes public confidence in the system and undermines the public's faith in the integrity of criminal trials. And third, let's never forget the enormous pain and suffering inflicted on innocent persons, and their families, when they are subjected to a wrongful prosecution through the deliberate misconduct of a prosecutor who, in Judge Kozinski's words, wants a conviction and turns a blind eye to justice. The National Registry of Exonerations, covering cases since 1989, ranks New York State fourth nationally with 166 exonerations out of 1,367 nationally. And many, maybe most of these wrongful convictions are attributable to the prosecutor's misconduct.
To be sure, a state commission on prosecutorial conduct will not prevent a prosecutor from engaging in misconduct, particularly when so much misconduct is hidden, as when prosecutors suppress favorable evidence from the defendant. But a commission that is independent from the legal profession, and independent from the prosecutor's office, will be able to conduct investigations in a nonpartisan, non-political, and objective manner. Indeed, for 100 years prior to 1975, when the state commission on judicial conduct was created, only 23 judges were disciplined. Since 1975, 826 judges were disciplined, and 166 removed from office. That's a fairly dramatic testament to the importance of an independent disciplinary commission, and to its effectiveness. The creation of such a commission to regulate prosecutors very likely would achieve similar results. It is imperative that this bill be enacted by the state legislature, and Governor Cuomo sign it."




*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207