Being my own attorney in my civil UoF case


 

Well, April 24th, I went to court in Beaumont Texas. I had already known I was going to court. I learnt of this while I was visiting a special lady friend Annemarie. The mailroom staff brought me an order from the court, informing me that I will be attending a hearing at 10.30 a.m. in Beaumont Court House, so I was ready for it.

On the 23rd of April I had already started packing up all my crap and thought to myself: “How  do I have so much crap!?” So I started downsizing I think I didn’t need, more than likely I will realize I need something I threw away next week or whenever it also I have made up my mind to get rid of even more of this crap. So I will be doing just that over the next few days. I just have a lot of art supplies and Choctaw material I will not be getting rid of. So anyway, I am now all packed, and that means that was when the guards come and tell me that I am on “the chain” and have to pack up my stuff. I just thought be ready and be done with it. Well, later that night  tells me I am on the train and tells me I don’t have to pack … So I look at all that crap the straw that broke the camels back it is when I made up my mind right then and there to get rid of everything I just absolutely do not need. So I will be on a mission pretty soon throwing things out the door.

So, I tried to go to sleep king day would be asking me up at 4 a.m. taking me to the hallway as normal. So, I have a restless night sleep and to be ready. I get up at 4.30 a.m., you know, just to be ready. It’s good to be ready for things like that. Well, they don’t come get me until a little after 7:30 a.m. so I thought: “Maybe they reset it”. I then lay down get nice and comfortable and doze off and 20 minutes later here they come to my door: “Come on, you’re ride is here.” Well, now I am getting mad at me. I was twice and each time I jumped the gun I have now made up my mind then and there to NEVER be ready for anything anymore, they are just going have to wait on me to get ready.

Those two things should have been signs to me, things weren’t going to go as I hoped, planned and thought of. Everyone has a good plan, I think everything over and over again prefect it right. So that is what I did.  I had notes, I have questions, yes,  I had everything but a good night sleep. But I was ready. It is like this old boxing saying goes: Everyone has a plan, so they will win the fight and the punches start flying and they are punched in the mouth. Well come I got knocked off my game plan, I think I did fairly good. I learnt something very important: don’t piss the judge off. I already knew that, but he did kinda sorta get on my ass and it took everything I could to not snap at him in return. I could not snap at him in return because it felt like he was blaming me for the defendant destroying evidence. So I held my tongue but he only gets that one time from me, he bites me again so I am going to bite back. But nicely, because in the end the judge will lways have the stronger and harder bite. But yeah he gets one free shot to talk to me like that.

But as I said, overall, I done half ass.  The second thing I learnt is that I can play it and replay it in my head how I will do this and do that but I see all that is / was wishful thinking daydreaming. One thing is certain, I am not an attorney. I had a cotton mouth, could hardly talk (cotton mouth is a dry mouth). But I got taken out of my game plan.

But still, they were all these marshals in there, a couple of witnesses, my long haired friend Ward and his girlfriend and a couple of others. I had to speak in the mic so I could hear myself talking knowing all eyes are on me. Well, I have never been one that liked any attention on me. And to top it off, I hardly talk back here to any of these guys as it is. I do all my talking in letters to friends out there. So man, I hadn’t done that much talking since visit, and that is the only time I really talk unless I am around a friend. But yeah, I did not like being the center of attention. I am trying not to be rude to the witnesses who couldn’t answer my questions and keep all the bad words out of my vocabulary. I had a lot to do folks, I was having a brain overload!

But it wasn’t too bad. What took me off my game plan for real was that the judge ordered the Attorney General’s Office to ‘provide a TDCJ representative who could ‘completely testify”. So when they presented Sergeant Burleson and Warden Jefferson as the so called expert witnesses, I was a bit taken aback and already knew they weren’t going to be able to answer my questions.  So I got to cross examine the Warden first but she didn’t know anything about anything I was talking about. That is not to say the woman is stupid or idiot, but she didn’t know anything beyond the basic everyday working of the day to day things she does from her computer that someone at most 10 years old can and know how to do, and that is navigate a computer,  download, footage documents and fill out forms and put one file into another area, delete things or transfer.

She knew absolutely nothing of the inner working of the system, and her answer to every one of my questions was a “No”. Same with Sergeant Burleson. His job description is that of … crap I forgot just what the chick said, but in simple terms she sits in a chair all day channel surfing the cameras and all purpose is to lock in what is wrong with any given camera at any given time on any given day. She knows absolutely nothing about inner workings of the system and her every answer to my every question was “No”. That is not to imply the woman is stupid, she is not. She, as the warden,  just are not qualified to witnesses whom the Attorney General should had brought as “competent witnesses” who could describe and tell me and answer my questions about inner workings of the system.

My questions would have been better suited directed at someone who has a degree in computer technology and at the very least had read new user manuals. And my questions are answered fully in the manuals, and they admitted they have never read these manuals and therefore are not competent to answer any of my questions. Their job description does not require them to understand how the system works. They are only required to know how to operate it. It’s like buying a new car, you learnt how to drive so you go buy a new car and drive off knowing everything you need to know about it – how to start it, how to use to turn signals, how to put in in Drive, how to turn on the AC, or heat, how to turn on the lights, the everyday things a small child can do. But how does it work? Fence menu insert the key and turn it on? Can you name everything about how that operates leading up to the moment you put it in Drive? No, not many can, it takes a professional to tell you about the starter, the alternator, carburetor, heads, etc etc. Same can be said with flushing a toilet but I don’t know how it happens but if I giggle the little handle, water comes and like magic shit disappears. Toddler can flush toilet. That she or he or I don’t know how all that really works. Burleson and Jefferson haven’t the foggiest idea what I was referring when I asked…

  1. Do they know what a computer activity / events / audit log is? They said no, no and no. They both said they did not know and there is no such thing. I even went as far as to ask them if they do know they can get print out from their home computers and they didn’t know anything about it. I asked the question every which way I could think of and still received the same response “No”. But in the OnSSi video date security manual, it reads on page 8 of 10: “ocularis offers centrally controlled security settings that set when and which camera can be viewed live and plate back and exported.” …. ” “All client operations are locked by Ocularus with color coded query results for easy identification system usage”.

I went on to ask there is any way to tell who uses to system? Again the answer was ‘no’. But again on page 8 of 10 it clearly states: “Using separate account for each user will also make it easier to investigate in the Ocularis ‘Audit log’ who logged in, viewed live or recorded video or who exported video from the system”.

So those are the simple answers to my questions that they had no answers for. I than asked them about downloading video onto a DVD and how does that work? Both answered the same way the 10 year old would, or a half retarted like myself: “That is when you take something such as footages or documents and put it on a DVD”. You know the little so looking thing that looks like a tiny record. So they were both right about it. They both answered ‘yes’ to this question. Flushing a toilet is easy. It is every day to day business we all know how to do really doesn’t take any ‘special training’. Show me how to do it once and I can take it from there. So then my next question went towards what happens if the DVD is destroyed and the video footage is deleted. Can it be recovered? They both said ‘No’. Now calm down everyone, I know, I know, are all saying: ” Bullshit”. I Agree, and that is with the first grade dropout education even I know, a man who has never touched a computer, there is no such thing as ‘delete’. You may think there is but I assure you there is not.  There are special tools required to retrieve those deleted files, the FBI does it every day. So do police and District Attorney’s (See article: “Digital detectives dig through data deluge” by Clayton Sandall, BBC News, January 3rd, 2012). Very interesting read math and then if you have to time affidavit filed by FBA agent Donald Hale. I have it and it is an eye opener. (See  affidavit by agent Hale in the case No.1:12-mj-01011-CBS Document 1, files 01/19.12 USDC Colorado page 1 of 18).

So the witnesses where ignorant to this process of how to recover files. But here is the thing about deleted files, there is a built-in safety net which will send all deleted files to a ‘safe house’ within the computer. This is built just in case you screw up and  ‘delete’ by mistake. So the answer to this question: “Can they be retrieved  if they are found be deleted”, is “Yes. Yes they can be retrieved”. Not “No, they are lost forever.” and in reading pages 5, 6 of 10 it is saying that one’s video has been stored in the server, that it is not a simple matter of just deleting something that has just been downloaded because the footage is forever in the hard drive and it would take special tools to delete it completely from the system. And refuse to believe that TDCJ would go that far, why would they? Okay, never mind. I change my mind. I think they would!  But guess what, there would be a digital fingerprint of someone  having got this section deleted.  So there would be a tell sign and then the question would be … why, why just that video? The questions they would have to answer keep coming.

And something else, it was like the witnesses didn’t understand I was not talking about the 20 day retention set up within the system that automatically overwrites itself. I already know that, everyone here knows that. They couldn’t seem to make the distinction from what I was saying in, regards to DOWNLOADED video vs the 20 day recording where after 20 days it starts recording over itself. The distinction being, video that which is downloaded onto a DVD vs video that NOT is downloaded. Very big difference.

So now it is all in the judges hands. I don’t think I did such a good job that he will rule in my favor…. But if not, fuck it, I will appeal. Because I feel I am entitled to this log. For it will put to rest once and for all who is lying, the defendants or me. The log will tell us everything we need to know and should be the tie breaker.

I was nervous as nervous can get. I don’t like being the center of attention. Never have, I am always the quite one. And would you believe that was used against me to help get me the death sentence? Because I am not sociable. I am not a big crowd kinda guy and don’t like being the center of a lot of peoples attention. I have always been like that. I would call it, a small part that makes up who I am, shyness. But the professionals say it is the part that makes me a psychopath. Not shyness. So to all you shy people out there….. You’re all a bunch of psychopaths, welcome to the club!

So that was my big day, state off with me being told I didn’t have to pack my crab, then me being bone tired and me almost growling right back at he judge, I kinda felt a LOT better when he growled at their attorneys as well. I was looking at them as they were me, and they looked a little uncomfortable while I am sure they seen in me…. someone who was looking at the judge in they eye with a look of… NOT hate or anger or upset or anything like that. But I believe even the judge seen he wouldn’t talk to me like that in normal life without me responding in kind. But I am proud of myself all the same. Hell, I won a hearing, a death row inmate act as his own attorney. Acting is being the key word. So over all, I did good…bad….good bad….gboaodod. I guess it is to the judge now, but I feel I have strong grounds for appeal if he denies me.

That is the good thing. I think about having a Magistrate sit in on the case, he is working under a judge, it is Ron Clarks court. So if so, I am damn sure magistrate denies, I believe I can appeal to Clark. And if so, I am damn sure I am appealing. I have the things denied before and judge Clark sent me an order telling me I had so many days to appeal. So I am thinking he will again. It is after all a hearing related to a motion, so wish me luck!

But if anyone needs me to represent them, first two hours for free, hours there after negotiable. So, need an attorney who is not an attorney? I’m your guy!

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