Due Process, Constitutional Rights and the Great Writ: Optional for Teddy Bear Stalker in Oakland Co

July 22, 2010 - PRLog -- What would the brave men and women who fought for equal rights think about the unofficial policy changes that have taken place the criminal justice system in Oakland County, Michigan?  What’s the National Tea Party Federation doing while a poor little white girl, a natural born American citizen, is being treated worse than Rosa Parks or Amelia Platts Boynton Robinson in a criminal/civil rights case called the Stalking Teddy Bear?

    In a recent, deliberately unreported incident, a woman was arrested, amid traffic en route to a synagogue and charged with violating an Ex-Parte PPO which also qualified her for a charge of  Aggravated Stalking.  

   To the authorities, the circumstances surrounding the PPO violation appeared to be “gay”: the accused allegedly had ordered the delivery of 9 dozen roses and a Teddy Bear be sent to a woman, on Valentine’s Day. The accused was (as a matter of unwritten policy) denied all Constitutional Rights.

   Not arraigned for 14 days after her arrest; called “Worse than a Murderer” and held on $500,000 bail, the accused would be held in jail for a total of 228 days in the Oakland County Jail (for just attempting to send a woman9 dozen roses and a teddy bear on Valentine’s Day).

   The non-violent accused was held for a total of 135 days in maximum security on $100,000 cash-only bail (no 10%) on the alleged ex-parte PPO violation, and was denied legal defense counsel – until the PPO case was dismissed – 4.5 months later – when the Oakland County 6th Circuit Family Division court finally got around to holding a show-cause hearing on the alleged PPO violation.

    Later, it would be discovered that this same retired PPO judge overseeing the case was also on the Advisory Board of Directors of Common Ground Sanctuary, one of the KEY accusatory parties in the case.

   Prior to the dismissal, when the court recognized that the accused was not actually served with notice of the PPO that she’d been arrested for, the state’s response was to have the sheriff’s deputies re-serve the accused the SAME PPO notice that she was alleged to have violated, and was sitting in maximum security jail for.

   Additionally, in spite of police reports that showed that the ex-parte PPO was never served; and bill of sale-delivery receipt evidence collected by two police departments that proved beyond a reasonable doubt - that no flower or teddy bear delivery was made on Valentine’s Day, the accused was denied all rights because the circumstances surrounding the allegation appeared to be “gay”.

   Predictably, the court continued to hold the accused in maximum security AFTER the PPO violation accusation was dismissed – which was a key element required to sustain the charge of aggravated stalking. The accused remained held on $500,000, probably because it was the best way to hide a (gay) Teddy Bear Stalker from society.

   When the accused submitted a petition to hear a Writ of Habeas Corpus to challenge the legitimacy of her continued detention, two circuit court judges simply IGNORED the writ. When accused asserted her right to self-representation to defend herself pro-se, the circuit court judge ordered the assignment of a new (stalking) attorney to the case.

   When the prosecution offered the accused an option to plea to the lesser charge of misdemeanor stalking (after submission of the writ) which would provide immediate release, and the accused declined, the newly assigned (stalking) attorney immediately requested the court send the accused to have her head examined by forensics – to see if she was fit to stand trial and or represent herself (must mean being gay means you're mentally disturbed to some people).

   Additionally, just 3 days after the court granted the forensics exam order, the assigned (stalking) attorney THEN submitted a Plea of Temporary Insanity to the court –WITHOUT KNOWLEDGE or CONSENT of the accused – in total contradiction to a Writ of Habeas Corpus the accused had submitted just a week prior.

   Over 3½ months later, when forensics results showed the accused to be totally sane and fit, the court finally reduced the $500,000 bail and sent the felony aggravated stalking case BACK to the same district court that bound-it-over, 7 months prior.

   When the Attorney Grievance Commission was informed of the behaviors of the assigned attorneys on the case, the commission declined to acknowledge any claims of misconduct or disciplinary action. When the Civil Liberties Union was contacted about the innumerable civil rights violations and suspected hate-crime motives evident in the Stalking Teddy Bear Case, they too declined any support or involvement in the civil rights violations of the accused. When the Detroit area FBI was approached about the atrocities of the Stalking Teddy Bear case matter, they too were overwhelmed with shock, particularly by involvement of their former classmate, Sheriff Michael Bouchard, a former state senator, who also was a graduate of their FBI National Executive Institute Protection (NEIP) Program, a former United States Secret Service in Dignitary Protection Program graduate, and a current Adviser on the Board of Directors of Common Ground Sanctuary – one of the key accusatory parties in the case matter. The FBI recommended getting an attorney.

   To date, over 200 attorneys who have looked at the case of the Stalking Teddy Bear have been in unanimous agreement that there have been ton of procedural violations, Civil Rights violations, breach of duty of attorneys and breaking of rules of court, and request thousands of dollars in retainer fees just to assess the matter. Only one attorney out of the 200 who expressed an interest in defending the civil rights violations issues involved, quoted dates of statutes of limitations for addressing certain violations but gave erroneous deadline dates for dealing with them.  Of the over one dozen police reports filed on the case matter, most have contradictory statements made by both police and accusers that contradict with evidence they collected themselves on the case.  Of the three police departments that were involved in the case, two were involved in destruction of personal property and evidence of the accused, while she was in custody – which included the destruction of her car and blackberry phone.  Still after 14 months after criminal PPO reports were made alleging “50-60 phone calls per day to home, cell and work, no phone records have been produced to show that any such calls were made, as alleged - in spite of numerous court orders requesting them.

The Stalking Teddy Bear and “Certain Unalienable Rights”

   Democracy and liberty are often thought to be the same thing, but they are not. Democracy means that people ought to be able to vote for public officials in fair elections, and make most political decisions by majority rule. Liberty, on the other hand, means that even in a democracy, individuals have rights that no majority should be able to take away. In Oakland County, Michigan courts, a modified practice of reverse redlining, which might aptly be called red flagging is occurring whereupon an accused can be arbitrarily accused of a crime, denied all rights, because the powers that be can make that be. This is direct conflict with our American definition of Democracy.  An American Citizen is an American citizen, no matter what “label is put upon them – whether it be “Jew” or “gay” or “Teddy Bear Stalker” – because all American citizens have certain Unalienable rights.

   The policy changes that have taken precedence in the Case of the Stalking Teddy Bear in the criminal justice system in Oakland County, Michigan fly in the face of our democracy. In light of all the atrocities in the Stalking Teddy Bear Case, in light of the values the Tea Party purports to hold, we can’t help but wonder why is the National Tea Party Federation so quiet about this? (Perhaps the teddy bear is the wrong color).

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