The "war or drugs" should translate into the truth sooner
or later.
When you declare war on drugs, you just declared war on a certain
segment of YOUR OWN SOCIETY...and it's usually the poor and illiterate,
unable to afford representation by a qualified professional,
who are the end victim.
This society has a tendency to throw
money at it's problems:so at the behest of Sherrif Joe Arpiao and"get
tough on crime"politicians like Fife Symington(subsequently forced out of office)...prison has
become big business.The zero tolerance attitudes of Sherrif Joke (former DEA bureaucrat)has circumvented the will of the voter initiative Proposition 200 passed in 1996.
With all of that said, here's my story. . .
Starting Feb.11th 1998
I was on my way to work in a 1983 chevy and was pulled over for a
routine traffic stop.A search of the car revealed a
substance later determined to be marijuana and I netted 2 felonies...
Possession of pot and Paraphanalia<both class 6 felonies>
At the time, prop 200 was in effect however it had been immediatly
"gutted"by the AZ State legislature to where nobody
qualified.The bill called for mandatory probation, for small
qtys of pot and I had 1 joint in a baggie.
I have a documented eye
injury that ADOC has known about since 1987 and not only failed to
treat but I was charged $3.00 and ordered to leave the medical bldg
because I was"beligerant"to Dr. Stapler at the meadows unit
CMA.Their written attitude was that an 11 year old eye injury
was not a priority. I thought the medicinal use of marijuana encompased
eye disease?
Throughout the arrest and trial
process I was classified as Maximum security,or higher,
and most of my cell mates were death row alumni or candidates.So
just like alices'restaurant that Woodie Guthrie sang about,I
was living it.The rule of the Con says never compare your case to
anyone elses...and for good reason I suppose. I was living next to
a guy that had 27 years for shooting a cop,it appeared on Real stories
of the highway patrol,how he had 50 lbs in the trunk...but I was still
classified next to him? But when you have these same death row inmates
in the same cell, it boggles the mind to think"gee ,I had a joint in the car one
morning going to WORK...not doing a drive by"....
So the release date comes and goes.
The computer says a sentence
expiration date of Aug. 30 1999 and eligibility for TR or temporary
release is March 4th '99 which I was released April 16th 1999 to a
homeless shelter in Mesa. I got stuck in a homeless shelter where
it's mandatory to have group prayer-ordered by a State employee???What
happened to seperation of church and State?
The Parole Officer Valerie Orand
is a 5 year veteran with ADOC,and for 3 weeks she thought I was
in TLC another rehab program. On 6/8/99 she gave me a direct order
to report to "TERROS"inc. for anger
management located at 628 N. Center Mesa AZ as a cool referal.834-5700
ext 102 for Sandy. I did and it turns out that Terros is an organization that treats severely mentally retarded
children . I had Terros call and inform
her what their services were.
In between jumping thru hoops
to make the PO happy,urinalysis screening, Jewish family services,etc
I still haven't been treated for a debilitating eye injury. My problem
is anger?? The PO says it's is so.
. . .and I am still living in a halfway
house/homeless shelter. The place is new and I didn't even complain
when the spiders bit me on the foot,but
I didn't get one rule violation in prison and within
the first two weeks I had 3 in the shelter.I was
told by the caseworker that I was a detriment to the program.?
The routine for getting a job is to report
for day labor at Allied Forces 1119 S. Mesa Dr. and that pays $5.15 per hour<seldom more>
gee...I was making $15 before the arrest, aren't you supposed to
come out of there better????
If you understand the military doctrine
of totally debasing an individual in boot camp and then building
them up into a fine soldier,you have an understanding on the war on
drugs. Trouble is,nobody was there to build you up so you end
up feeling angry that they took your vehicle,a years wages,tried to
get your self esteem and basically failed to correct and/or rehabilitate.
Can't understand why he could be angry..could you?
Now they've taken the sentence
and turned it into an 18 mo. ordeal...but the sentence was for 1 year.
Currently there is litigation pending
before the AZ Court of Appeals Div One in CA CR 98-0207 for the pretrial
incarceration credits.My claim has been that the burden of proof should
fall on the State to prove and release dates that I was NOT
incarcerated. Until then I am saying the record is clear
and the sentence should have expired...so I just quit going to see
the PO.If she's that incompetant to send me to the Terros Inc treatment,I
don't think she's helped my anger problem. (never an offer of a bus
pass etc.)
Something else bothers me,
I submitted 3 good parole plans with 2 employers
willing to hire me As soon as I submitted the paper work to Valerie
I was no longer hired.
I went out and secured two full
time employments at apartment complexes which required me
to live"–n-site"...musta been a coincidence that almost
as soon as I submitted the paperwork to Valerie I no longer
had the job. Gee...I am a/c certified,have 4 plus years in
Bldg. maintenance in the east valley, even bilingual Eng./Spa. and
most of the tools with the exception of a Drivers Liscense so I hadsome
people excited about me working for them and all I wanted to do was immerse myself with work untill the sentence
was up...but I needed her permission to change addresses?
After meeting with Valerie Orand for
the first potential job,I reminded her that my sex score was a 1...no
need to address it. I couldn't believe she'd derail 2 job offers..and
I shouldn't have anthing to bar me from this work. I was bonded
thru Aetna before to handle the rent collection. It is a power
trip,
Once you're convicted
you don't have any rights anymore.
But if you have money you won't go to jail...
today 1.8 million people are in prison in
the USA.They've made it big business.
The Arizona Taxpayers spent $37,000 dollars.
. .
. . . to incarcerate me (per year)
for a first time pot arrest. I've been released 10/28/99with a sentence
expiration meaning no parole,supervision,or marketable training. This
system currently has 25,000 inmates and they buy their boots from
China,so they can't teach a marketable skill.
I believe the Az
taxpayers should demand something back from a system they support.An
unrelated case had an ASU college point shaving scandal and the player
received one year (out in 7 1/2 months with good behavior) This only
holds true to the theory that money doesn't go to jail,and if so,
it's not the severity of the offense.
We have our priorities ALL WRONG with sports as the National Religion,this money could be beter spent
with schools,hospitals,home care for the elderly etc. Even to
fit pot holes in the roads <no pun intended> the tax payers
would actually see something in return. There are too many vital
needs to be spending 37k for prison time when all the inmate has upon
release is a check for.29 cents of his money!
It is time to decriminalize
personal use marijuana,not legalize,just take all sanctions and penalties
away. Our elected officials have demonstrated that they will thwart
the will of the voters(prop/200 in 1996) and it must be made clear
that this is a democracy. Smugglers annually
take millions of dollars out of the Country, and the taxpayers are
stuck with $37,000 per year for the prison sentence of first time
pot smokers? Get Real. You don't have to advocate the use of marijuana,but it
would be nice if the elected officials respected the will of the voters.
Let's try making it a misdomeanor fine
and if that fails,we can vote again?
PAGE II October 7th 2001 : Arrested In Tempe Arizona
The Maricopa County Attorneys Office:Rick Romley et al: elected to REFILE an old charge designated Maricopa Co cause No# CR 2001-092603.My re-arrest was from a Sept 2000 "posession of marijuana" charge:in violation of Arizona Revised Statute 13:1305. Additionally there was allegedly a cheap metal scale that had been given to defendant by one of Tempes Mill Ave."CRACK-HEADS" just 6 hours prior to the initial arrest.Could this have been a set up for what looks like paraphnalia? The marijuana in question was approx.4.5 grams of seedy Mexican weed.
Ultimately:when I returned to the Phoenix area on Oct 5th I was re-arrested Oct 7th 2001. The County Attorneys office vigoruosly persued prosecution and I need to share this with the World.This could happen to your children or loved ones if people aren't aware,and if we as Americans,aren't vigilant.
THOMAS JEFFERSON ONCE SAID:
"THE PRICE OF FREEDOM IS ETERNAL VIGILANCE"
After a period of time spent in maximum security I was able to post a $1000.00 Bond and gain release. I made oral motions before the Hon. Judge Kettle to represent myself as a pro per defendant with an advisory counsel appointed in the person of Mr. Bruce Walker @ Maricopa Co.Public Defenders office. As such,Mr. Walker is restricted to an advisory role,and a review of this PUBLIC RECORD in CR 2001 092503 will substanciate that he was much more ie:an active participant.The issues on record will leave little doubt that there was more than different stratagies involved. The record will also reflect that,in particular,during trial the decision to testify by defendant was OBJECTED TO: by counselor Walker ? This goes beyond the realm of the role appointed,yet the Court did nothing except admonish Mr.Walker for being late after a recess.
This matter was tried before the Hon. Judge Oberbillig in the East Mesa (AZ) Superior Court Jan. 10th 2002. It is unheard of to have a FIRM TRIAL DATE 90 days subsequent to an arrest. The Courts are backlogged and when an accused person is released on bond it usually takes a little longer to get to trial. In this instance:Judge Oberbillig refused to grant a defense motion for a continuance on Jan 10th 2002 and simply stated: "WHO'S GOING TO PAY FOR THE PROCEEDING"
If the reader will examine the following document from the HUMBOLDT MEDICAL EYE ASSOCIATES, you will deduce the obvious. This Court granted defendant permission to travel out of State for medical attention;while released on bond...with a pre-op visit 1-2-02 and a surgery was scheduled 1-4-02 and a post-op visit 1-5-02?
The post operative Instructions are clear in this documented scheduled surgery, yet this Court unreasonably refused to grant the defendants request for a continuance despite the evidence presented of hardship!
In America we are gauranteed a fair trial ... but in Maricopa County,at least,how much Justice can you afford?
These facts are apparant, if you have money you seldom go to jail (or) Capitalism at it's finest ? Rich and affluent kids aren't prosecuted without regard for their Constitutonal Rights
State of Arizona vs Randy Evan Myers
Case No #CR :2001-092603
Firm Trial Date Jan 10th, 2002
At 8:30 a.m.when I spoke with Mr. Walker in the hall,courtroom 401 of the East Mesa Superior Court,he informed me that "He might want to lock you up tonight"...and I replied that we hadn't picked the Jury yet ??? But even more outrageous is during Jury selection when the State asked a 36 member"Jury Pool"the question "how many of you do not believe you could return a guilty verdict if it entailed incarceration for pot posession " ? My request to ask the same question in reverse was derailed with a side bar between the court and Mr.Walker? Me...not included : yet simply Advisory role ?
As a result of this incompetance the State had the fore-knowledge of whom to eliminate? OUT OF A POOL OF 36 POTENTIAL JURORS 12 WERE WILLING TO RAISE THEIR HANDS-IDENTIFY THEMSELVES- ANSWER IN THE AFFIRMATIVE... ultimately not one of the twelve were on my jury.. all were striken by the state!
Here in America,we the people,are gauranteed a fair trial before a Jury of our Peers+our founding Fathers insured that fundamental RIGHT as a foundation of our Union. The facts presented herein are verifiable as a Public Record. by and through Maricopa County. You be the Judge and tell me I was wrong when I informed Judge Oberbillig during sentencing " The system is broken and I'm here to fix it!"
Sadly I went to Jail that night
At the sake of repeating myself,this HISTORY LESSON needs to be retaught. Arizona voters first spoke out in Nov.1996 with passage of PROPOSITION 200 and the Az.Legislature took it upon themselves to BASICALLY GUT THE PROVISIONS. THIS DELIBERATE CIRCUMVENTION OF THE WILL OF THE VOTERS WAS JUSTIFIED WITH"OH...THEY DIDN'T KNOW WHAT THEY WERE VOTING ON" The next election was in Nov. 1998 but I was listening to the results on a tiny radio inside of Florence prison.(Maricopa Co.cause #CR 98-90898) Okay...I now thought...it's only a matter of time before they release me...RIIIIII-GHT !!! Proposition 300 and 301 addressed the issue of incarceration of non-violent pot posession. When the elected officials in this country thumb their noses at the voters...Even people who were not pro-marijuana were irate about that one. These anti-drug crusaders bare watching if the end justifies the means!!! If I didn't agree with mandatory probation I am rerquired to change it using due process and under the color of law. The equal protection gaurantee in the bill of Rights isn't reality because this never happened to anyone of means.
The Conditions of my confinement Feb.10th to Oct.10th 2002 at Madison Street Jail,Phoenix Arizona.
The booking process at the Madison Street Jail can take several days.. It was my misfortune to be angry because I know the law:and this wasn't a mandatory probation environment.As a "condition" of Probation : I was ordered to serve 8 months in this infamous County Facility.With 2.5 months pre-trial incarceration credit (as required by State law) I should be out by late July-RIIII-GHT? I filed a hand written motion to Judge Oberbillig,a rule 24 post conviction appeal seeking return of $200,the pre-trial Jail credits,etc. and was denied??? So I suspect that it's not only the will of the voters who were circumvented,but the Arizona Revised Statutes as well? Through out all of this,I had an Attorney who would accept my collect calls and was an invaluable gift. Mr.Michael Walz can be reached at his web site Or at area 602 261-0246.I always spent 23 hours per day in a 10'x6' cell,my first House was 6-1-A-02 but I was moved out to 6-1-C-15 = a corner room! There were 2 meals per day and you were charged $1. per deim. One of these meals was a green bologna sandwich,fruit and a milk.The recreation was scheduled every week and sometimes it would be weeks before you get out of your cell. Upon exiting the cell,before you encounter another human being,you strip search...hand your clothing out of a trap and it is also searched. When you re-dress you then extend your arms out of the trap and get cuffed,you then turn around and they fasten a leather belt in the back...then the door comes open. When you are under control of the 2 gaurds present,they leg chain your ankles.Somehow I can't grasp how this treatment will make me scared of smoking a joint??? The only thing I'm incarcerated for is POSESSION 4.5 grams...and "DeCriminalization" isn't working ... for me anyway!
THE STEROID SQUAD!
Mornings are always the quiet times,but one day in April I awoke to these alien looking uniforms that was known as RST . These guys are BUFFED OUT...they have 20' biceps and those funny thoughts always hit me at these times. Here's this anti-terrorist poster child-holding either an electrical stun gun or the one that shoots rubber bullets ... and he yells (real high pitched) orders"turn around-hands on your head etc" Now I suspect that the high pitched voice was the result of possibly using steroids,a controlled substance, los of testerone production affects the vocal cords.It's ironic that I smoked a little Pot and ended up here AFTER the law said it's mandatory Probation??? This Steroid Robot pointing a gun at me in a cell makes me believe the system is BROKEN...and this guy has smoked something a lot stronger than I ever did !!! What's up with this scene...hottest summer on record in Phoenix and I won't see any cool water...forget about A/C or a cool breeze on the 6th floor.If you wanted some medical attention it will cost you $3. per visit... I think I still owe them some money.And when that spider bit me on the neck,I watched the Med-Tech rush by my cell for 10 days and when I was told he only addresses medical emergeniies I showed them the golf ball on my neck,he told me to "(p)ut in a tank order" Gee Great! Cell # 6-1-A-02 is next to the shower and spiders travel up the pipes. I finally placed a poultice on the wound and it drained,but the med-tech was squeezing it like a pimple???? I sent a lot of post cards and had it down to a science. Some friends told me later "that was the best post card I have EVER received"...d'oh-write small and make them all the same. Anyway I survived the 10.5 months of incarceration and I'm PROUD to say I didn't break weak.The State of Arizona by and through the County of Maricopa has spent approx.$50.000 on a Jury trial and whatever the cost of confinement to prosecute me on this offense. They have also failed to convince me that their "medicine" is as strong as mine.The case was heard by the Arizona Court of Appeals Div.1 <1 CA-CR 02-0192> BTW the reason I enclose this is because you can verify and confirm what I am saying through the freedom of information act... but it's a PUBLIC RECORD! At the same time your tax dollars support the war on Terrorism-they'll cut school programs.I don't think we have a terrorism problem to wage war upon...we have a problem with fanatics. Anyone who drives an airplane into a building is not necessarily a terrorist but that is ultimately the end result.v A fanatic is someone willing to lose his/her life to strike at perceived enemies...but a terrorist lives by instilling terror into their victims. So when the (former?) steroid using guard at the County Jail threatens you with rubber bullets while you are in a cement cell...I'd say that might qualify as terrorism. This might qualify as "reefer madness" in the reverse? Please share your thoughts on these issues
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Randy Myers can be reached via email at :
< chronicreform@yahoo.com
>
unemployed+homeless, but I have extensive
experience in building maintenance.
