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Sun 30 Dec, 2007 01:10 am
I was arrested in a Wal-Mart on false charges, but the false testimony of W-M employees ("witnesses") was enough to allow them to take me in their backroom, where the cameras that are required back there just happened to be missing and did not record three big Loss Prevention men attack me, a man in a wheelchair posing no threat; the arresting officer acted like old army buddies to the LP guys and helped them put together enough false testimonies to take me to jail and keep them out for excessive force. In court, I was fighting a legal system that already had the power of America's biggest corporation's influence all over it. Worse yet, I had to rely on a Public Defender who was great at preliminary, but let me know right before trial he would not simply follow our original plan of just showing their contradictions and lies, but had no replacement plan, unless you call stepping aside while the DA's reamed me without K-Y a plan, did none of the discovery I requested, and basically let me know he was going to let me hang, and now it was to late to get a real lawyer. My attempts to file my own Motion to Dismiss Counsel due to Ineffectiveness, done correct to a T was stonewalled. Though I had no real representation, the W-M LP lies were just too outlandish for even this stacked jury to believe, so BWDW(Battery with a deadly weapon) charge was dismissed, but Burglary (a charge even the W-M loving arresting officer refused to "Stack on him") stuck. In spite of this being my first conviction at age 37, Parole and Probation's recommendation of probation, DA's agreement that this was best, Judge Donald M. Mosley (see Las Vegas' Review-Journal's article on most corrupt judges for more on him)sentenced me to 48 months in PRISON!! This was because the W-M employee rang up a purchase as a return--of a $75 item! I spent a year in prison before my "fast track appeal"-filed late by the PD (Would have been a private lawyer had my Motion been addressed) who refused to bring up any points against her co-worker overturned the conviction. The whole time, my serious medical needs were not met, where I literally almost died in prison, and I was forced to sign a plea agreement to a lesser charge of conspiracy to commit burglary or die in jail, which I did under Threat, Duress, AND coercion. Sorry so long a post, but I would love feedback on any of these outrageous events. My question is, I found many case laws that say the Statute of Limitations clock does not "toll"--as long as you are incarcerated, the clock is not running. However, a recent Supreme Court ruling has changed this, I understand. Can anyone tell me info on this? thank you all.
P.S. Any good attorneys licensed in Nevada want a crack at this one?
That's a handful, rob. I'm not a Nevada lawyer, but I am confused about a few things:
If you took your case to a jury trial where you were convicted of burglary, what were the circumstances of how/why you were later coerced into signing a plea agreement to a charge of conspiracy to commit burglary?
I'm also confused about the charges. This all stems from a Walmart employee who rang up a $75 purchase as a return ... how does that lead to you getting charged with Burglary and felony Battery?
Finally, as to your question about SOL, on what specifically are you wondering whether the SOL has run? Your lawsuit against Walmart?
Ticomaya wrote:That's a handful, rob. I'm not a Nevada lawyer, but I am confused about a few things:
If you took your case to a jury trial where you were convicted of burglary, what were the circumstances of how/why you were later coerced into signing a plea agreement to a charge of conspiracy to commit burglary?
A) As I said, my medical needs were going unmet, and my PD said if I did not sign, I would be incarcerated until the DA decided whether or not they were going to press charges, and at the time I had gone 9 days without a bowel movement because the jail failed to meet their obligations under the Americans with Disabilities Act and provide necessary equipment, and also refused to transport me to Emergency facilities to do an emergency disimpaction. It was either sign or die, and that's not being melodramatic.
I'm also confused about the charges. This all stems from a Walmart employee who rang up a $75 purchase as a return ... how does that lead to you getting charged with Burglary and felony Battery?
In 2005, the NV legislature added "obtaining items under false pretenses" clause, and Burglary requires you enter store with intent to commit larceny. I was there legally returning items and buying others, had credit card and checks to pay for any purchases I made; the DA's only assertion was that I "picked out the first item I came to" (Untrue, but undisputed by my "counsel") and thus entered with that intent to defraud the store of the item. The felony battery stemmed from the attack on me by three big strong men (Again, I am a paraplegic in a wheelchair). To cover their tracks, they made up a story of me attacking all three as they did nothing.
Finally, as to your question about SOL, on what specifically are you wondering whether the SOL has run? Your lawsuit against Walmart?
Yes, I am curious about SOL on suing Walmart. I know I can file a Section 1983 lawsuit against Clark County Detention Center, The Sheriff of Clark County as I was under his care, and the Nevada Department of Corrections for Constitutional violations/ADA violations.
robzon69 wrote:Ticomaya wrote:That's a handful, rob. I'm not a Nevada lawyer, but I am confused about a few things:
If you took your case to a jury trial where you were convicted of burglary, what were the circumstances of how/why you were later coerced into signing a plea agreement to a charge of conspiracy to commit burglary?
A) As I said, my medical needs were going unmet, and my PD said if I did not sign, I would be incarcerated until the DA decided whether or not they were going to press charges, and at the time I had gone 9 days without a bowel movement because the jail failed to meet their obligations under the Americans with Disabilities Act and provide necessary equipment, and also refused to transport me to Emergency facilities to do an emergency disimpaction. It was either sign or die, and that's not being melodramatic.
What I'm confused about is why you had a jury trial if you entered a plea of guilty.
And with whom did they allege you had conspired?
Quote:Quote:I'm also confused about the charges. This all stems from a Walmart employee who rang up a $75 purchase as a return ... how does that lead to you getting charged with Burglary and felony Battery?
In 2005, the NV legislature added "obtaining items under false pretenses" clause, and Burglary requires you enter store with intent to commit larceny. I was there legally returning items and buying others, had credit card and checks to pay for any purchases I made; the DA's only assertion was that I "picked out the first item I came to" (Untrue, but undisputed by my "counsel") and thus entered with that intent to defraud the store of the item. The felony battery stemmed from the attack on me by three big strong men (Again, I am a paraplegic in a wheelchair). To cover their tracks, they made up a story of me attacking all three as they did nothing.
In their story, what deadly weapon did you use on them?
Quote:Quote:Finally, as to your question about SOL, on what specifically are you wondering whether the SOL has run? Your lawsuit against Walmart?
Yes, I am curious about SOL on suing Walmart. I know I can file a Section 1983 lawsuit against Clark County Detention Center, The Sheriff of Clark County as I was under his care, and the Nevada Department of Corrections for Constitutional violations/ADA violations.
Gotcha. Have you consulted with any Nevada attorneys? And if not, why not? How long ago was the Walmart incident?
Ticomaya wrote:robzon69 wrote:Ticomaya wrote:That's a handful, rob. I'm not a Nevada lawyer, but I am confused about a few things:
If you took your case to a jury trial where you were convicted of burglary, what were the circumstances of how/why you were later coerced into signing a plea agreement to a charge of conspiracy to commit burglary?
A) As I said, my medical needs were going unmet, and my PD said if I did not sign, I would be incarcerated until the DA decided whether or not they were going to press charges, and at the time I had gone 9 days without a bowel movement because the jail failed to meet their obligations under the Americans with Disabilities Act and provide necessary equipment, and also refused to transport me to Emergency facilities to do an emergency disimpaction. It was either sign or die, and that's not being melodramatic.
What I'm confused about is why you had a jury trial if you entered a plea of guilty.
And with whom did they allege you had conspired?
The incident happened Dec. 20, 2005. I waived my right to a speedy trial at my PD's advice, no reason given. My trial was in August of 2006, and that's where I was found guilty. In August of 2007, my fast track appeal resulted in charges being reversed and remanded, but I was to remain incarcerated where my medical needs were unmet until the DA decided whether or not they would re-charge me. So as not to die, I signed a plea agreement....I guess I conspired with myself. They waived part of it that did not apply..just another way the powers that be will twist any law to get the result they desire. First, the judge should have made sure the Corrections Officials could meet my serious medical needs as required under the ADA. I would like everyone out there to know that this is how twisted the laws are now....At any given moment, anyone in America can be incarcerated for any reason. The PD failed to have the Fully Informed Jury Association (FIJA) explain to the jury their Constitutional rights that are total opposite to Judge's instructions, as well as legal attachments for all court documents. He also failed to try to get witnesses for me (this included EMT's that came for my injuries), refused to bring up the fact that the TWO cameras in this small back room were not functioning against WM policy, and failed to point out surveillance camera evidence that showed my innocence.[/I][
quote]
Quote:I'm also confused about the charges. This all stems from a Walmart employee who rang up a $75 purchase as a return ... how does that lead to you getting charged with Burglary and felony Battery?
In 2005, the NV legislature added "obtaining items under false pretenses" clause, and Burglary requires you enter store with intent to commit larceny. I was there legally returning items and buying others, had credit card and checks to pay for any purchases I made; the DA's only assertion was that I "picked out the first item I came to" (Untrue, but undisputed by my "counsel") and thus entered with that intent to defraud the store of the item. The felony battery stemmed from the attack on me by three big strong men (Again, I am a paraplegic in a wheelchair). To cover their tracks, they made up a story of me attacking all three as they did nothing.
In their story, what deadly weapon did you use on them?
I stabbed one of the three attackers with a cheap plastic writing pen. It was a total reaction to the pain being inflicted on me from three directions.
Quote:Quote:Finally, as to your question about SOL, on what specifically are you wondering whether the SOL has run? Your lawsuit against Walmart?
Yes, I am curious about SOL on suing Walmart. I know I can file a Section 1983 lawsuit against Clark County Detention Center, The Sheriff of Clark County as I was under his care, and the Nevada Department of Corrections for Constitutional violations/ADA violations.
Gotcha. Have you consulted with any Nevada attorneys? And if not, why not? How long ago was the Walmart incident?[/quote]
I had consulted with attorneys at first, trying on a Saturday before my Monday trial to get a real Attorney. Because of the judge I had (which I would not have had if my PD had not got me to waive my right to a speedy trial-this switched me to "The Hangin' Judge"'s court. I followed up with them while in prison, but they were "too busy at this time"--basically, if you don't beat all the charges cleanly, it's hard to get an attorney to take a civil rights case like this, especially if it's against the biggest corporation in the world. For a time, I wanted to try to recover and release-forget about this travesty. I can't forget the ADA Section 1983 lawsuit, as other prisoners are suffering and I am their greatest hope for a just remedy. But after much meditation/prayer on this, I feel it is wrong to drop this. I believe in Objective Law, which is Universal Law. I was accused of breaking objective laws, taken in a back room where three large men initiated first threat of force, then force, and finally fraud (The three different Objective Law no-nos).
Ahh, I missed the part about overturning your conviction.
It's not your attorney's role to instruct the jury. He'd probably be sanctioned by the Court if he tried. Don't blame him for not doing that one.
You really need to find a Nevada attorney to consult with about the SOL issue. Good luck.
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