Senator Tom Coburn James Bauhaus
Russel Senate Ofc Bldg, rm 172 LCF-88367
Washington, DC 20510-3604 Lawton, OK 73501
Dear Senator Coburn,
Thank you very much for your reply. I am grateful to have both attracted your attention and been encouraged. Oklahoma State officials ignore my entreaties, probably because I can't vote; they consider me a nonentity, an( thus I get no representation despite my retaining my citizenship. Also, the prison officials delayed delivery of your 11-6-07 letter until last night, ostensibly because it did not have my number on it. State-level officials, I suspect, also avoid my case because it is obviously a conviction obtained by fraud, similar to the cases of Officers Ramos and Compean.
The problem with the law system that allows the prosecutor-judge teams to make totally subjective decisions on what the jurors are permitted to know. They work together toward conviction, which benefits them, and against acquittal, which hurts their careers as acquittal is taken as a waste of time, effort and money. The end result is a bias toward concealment of contrary evidence and a bias toward conviction, whether conscious or subliminal, on the parts of all officials involved in obtaining convictions.
Appeals judges likewise have a conviction-preserving bias, which is part of the reason why Columbia University Professor James Liebman uncovered a seven percent false-positive rate among death row prisoners in his 2000 study "...A Broken System", and why Illinois Gov. Ryan shut off his state's death machine after it was uncovered to be no more than 50% accurate through DNA technology.
The judiciary fixed this concealment of evidence problem as best they could 44 years ago in Brad y v MD 373 US 83 (1963). Mere case "law", however, is a very poor substitute for actual statute because it is wide open to creative interpretation by appeals judges, who have this conviction preserving bias. (NO one likes to have their work undone.)
A much better fix would be a federal statute stating Brady vs MD findings and revoking all the caselaw exceptions and time limits added to it later. Brady told prosecutors to volunteer to the defense all exculpatory evidence, A statute to the findings in Brady would re-establish justice and be much harder to circumvent than verbose, nebulous, confusing, often conflicting, serial caselaw opinions.
Senator Coburn, I wrote you precisely because you are not an attorney. Legal professionals all run away from my case at top speed, they all hide their decisions about it in "unpublished" opinions, and they STOLE my escape trial to prevent me from using it as a public forum to expose police records of the frauds used to obtain conviction. Now the FBI has uncensored proof of their conspiracy to prevent the killer's blood from being analyzed. These records, (some enclosed) now prove that the prosecutor deliberately lied to jurors to deceive them into falsely thinking that only one blood sample, (instead of the nine) was collected, and that it was too small to type.
I also wrote you because you already know something about how legal professionals are: they can justify their maintaining a legal practice, yet somehow make it appear wrong for you to maintain a much more important, beneficial and altruistic medical practice.
And, legal professionals despise my next proposal.
You know of functional magnetic resonance imaging brain scanning lie detection. It will eventually improve the administration of justice as much or more than did DNA technology when it finally forced its way into court rooms.
FMRI lie detection is now 90 to 95 percent accurate. The lawyers are fighting tooth and claw to prevent a small fraction of the statistically proven 435,000 innocents in American prisons from desperately trying to obtain our right to this technology, primarily under the "redress of grievances " clause of the Constitution.
We feel we are owed this when we prove deliberate theft of innocence proving evidence by the state. This system-wide problem needs legislative law to fix the flaw for everyone, and it short circuits the process when pardons are given instead of repairs. Persons with no money or influence depend upon the powerful falling in these same traps. E.g, thanks to Pattie Hearst, we got actual speedy trials with an actual time limit, rather than a judge's smug declaration that we had one. Thanks to O. J. Simpson, police manufacture of evidence was exposed and lessened considerably. Thanks to Rodney King, dash cameras protect motorists. Thanks to DNA, fewer innocents die in prisons and are executed. Thanks to Officers Ramos and Compean, and you, evidence chicanery can finally be codified into law rather than suffer capricious interpretation by individual judges as exceptions to Brady v MD.
And, hopefully, you can help us innocents get modern scientific FMRI lie detection technology, already proven accurate by science, past recalcitrant judges to not just free the innocent, but to capture the culprit. (The killer in my case is easily found in police and prison records, were they accessible.) Please get us our right to FMRI,
I hope I have not taken up too much of your time, and I hope this is sufficient to obtain your support. They will not let us access typewriters to address officials, and my hand cramps from writing. Please help. If it weren't for Statesmen like you, Patrick Leahy and others, many of us would have simply hung ourselves, so hopeless is it to try and get reason and/or fairness from the legal monolith.
Thank you for listening.
Sincerely,
James Bauhaus
U.S. Representative Duncan Hunter James Bauhaus
U.S. House of Representatives LCF-88367
Washington, D.C. Lawton, OK 73501
Re: CNN interview and Borderguard pardons
Dear Representative Hunter,
I get very concerned when I see extremely powerful men such as you and GW Bush use your TV-media access to drum up support to free your favorites from the judicial system traps that you either created, or abide, and refuse to fix. You are wrong to say that, "The heart of our justice system is our right to confront our accusors." In actual fact, the heart of our justice system is to manufacture pointing fingers and accusatory testimony while possibly, or often, concealing contrary evidence. Every Innocence Project report confirms this fact. (See Mr. Harry Scheck's and Mr. Rob Warden's, and IL governor Ryan's commission reports on the causes of innocent conviction.)
Because the legislature has permitted lazy police, judges and prosecutors to turn their justice system into a mere battle of State-backed professional liars v. unrehearsed, amateur, defense liars, we are deliberately fed an overabundance of Hollywood cop-show propaganda to trick us into accepting the idea that science plays a large part in convicting citizens of crime. (See: "CSI:BS" on my netsite, www.jamesbauhaus.org 4bauhaus@quik.com) Token "science" appears mainly in the courtroom spewings of the tame state coroner, whom the authorities routinely handpick for his readiness to fudge results. Many of these coroners are later uncovered to have been the instrument for letting serial-(wife)killer-cops like Drew Peterson escape his murders. Other of these state-picked coroners help conceal the thousands of taser-murders and police-custody deaths caused by police bursting their victim's internal organs with beatstick jabs. Their victims are left to die, for hours, in agony, screaming for medical attention in isolated cages where they are ignored. (See: "Murder by Taser", and "Tulsa Jailcops murder ANOTHER Prisoner", as representative examples on my site.) The state coroners routinely cover up these murdermedical neglect-deliberate indifference occurrences by blithely claiming nonsense such as "Perforated ulcer and drug toxification" or "cocaine frenzy with hyperkalemia", etc.
Nope: the heart of EVERY conviction is the extremely well-trained and rehearsed pointing finger and prosecution phrase, "That's him! I'm absolutely certain!"
This, and your misguided efforts to pardon your own constitute much of the reason why 330,000 innocents are in your prisons and why 105,000 MORE innocents are added every year. (See: "Lawswindled for Life!" bibliography page and "Death Penalty Study of Columbia University".) We innocents get convicted upon prosecutorial juror-trickery of "beyond a reasonable doubt". When, years later, we finally are able to uncover the lies and evidence theft that prosecutors and cops perpetrated to obtain our false conviction, the judges force us to prove our innocence beyond a shadow of ANY doubt. (See: also on my site, 10th cir. ct. of appeals case numbers 07-5094 and 07-5141 and petition for rule of civ. procedure 60 B (3)(6), and Motion for Remand 07-5141 and USSCt. Petition for Writ of Mandamus.) What could be more crooked of a justice system than requiring of an innocent the VERY THING (DNA) that the cops STOLE and the prosecutor LIED about? The lazy judges have created for themselves, out of nothing, hundreds of these US Constitution-screwing petty courthouse rules to lighten their work load and make their boundlessly corrupt system of self-interest look like infallible justice.
We innocents, convicted through use of these uncountable illegal frauds. (See: "Innocent's Guide to Avoiding False Conviction") and screwed out of our appeals through yet another layer of judicial frauds, depend upon the elite getting caught in these same hideous traps for our own eventual release from them. E.g, When Pattie Hearst got trapped, her family's millions bought all of us an ACTUAL right that had before only existed in lofty, nebulous, totally subjective legal theory. Thanks to Ms. Hearst, the state no longer makes very many of us rot in its cages for years awaiting justice's leisure. NOW many of us get tried on or before the 120th day of being accused by the state of crime, but only if we are knowledgeable enough to ask for it, properly, in (ink) writing; an actual time limit on the prosecutor! Thanks to the despot president, GW Bush, some of us have had this new, hardwon right revoked yet again.
Thanks to another elite, O .J. Simpson, we innocents are slightly better off. Simpson's millions dragged commonplace, flagrant police evidence manufacture into the public mind by catching Van Adder and Fuhrman in multiple acts of casual corruption. Now these dirty cops have been driven slightly further underground, and though every one of them routinely escape justice when caught stealing or manufacturing evidence, and none of them have suffered any real punishment, like ordinary people suffer punishment, the Simpson acquittal and media coverage slightly discourages them from perpetrating further, common practices of routine police corruption.
When those sadistic cops were taped torturing and beating Rodney Ring, then the state caused a city to burn with its stubborn refusal to punish them, and the federal gov't trashed the double jeopardy clause of the US Constitution, then subverted the "jury of your peers" clause by cleverly and illegally switching the cops' trial to an elite location, then gave the cops illegally short sentences, we innocents benefitted again. State and federal authorities were exposed as the supremely arrogant, law-twisting monsters that they are, and had to tone down their worst crimes against we citizens for a while. This got video cameras installed in copcars, forcing police to the slightly discouraging hassle of having to act a bit more mature when confronting motorist in the collection of revenue, etc.
When actual, non-prosecutor-controlled, science was able to force its way into the courtroom, DNA exposed the whole rotten system's outlandish wholesale corruption. Illinois' death row, where every accuses gets TWO lawyers and millions of dollars are wasted to make ABSOLUTELY CERTAIN that their convictions are right, was uncovered to have a 50% "error" rate! Half of the people they were killing in their legal death chambers were INNOCENT! This exact, same thing was uncovered to have been happening in every other death row studied. (See: 2000 death penalty study of Columbia University by Professor James Liebman). Obviously these legalized murders resulted from system-wide corruption and/or negligence by judicial, legal and police authorities. All authority and their media tools named as the culprit "mistakes" and "errors", yet we surviving innocents benefitted, however slightly; the gov't elite pumped out extra millions of dollars to the cops, judges, prosecutors and lawyers who presided over this abomination of "justice" to try and see, or make it seem, to have stopped. Continuing DNA and real science use proves that the conviction machines are negligibly more accurate than before, and that prosecutors are less eager to execute citizens in order to obtain celebrity, bonuses, promotions and higher political office.
As you can see from these few examples off the top of my head, we of no money or influence make zero progress against the monolith of the judiciary until an elite becomes snared in its perfidious webs. When powerful, influential persons like Nixon, Ford, Carter, Clinton, Hush and you open golden pathways to freedom for your special favorites, you cheat us innocents out of getting the rotten system partially fixed. When you feel that your poor border guards got cheated by the prosecutor keeping secret the most recent dirt that his fingerpointer had accumulated, crying on TV for a special pardon is NOT the correct course of action for the common good. The correct course of action is for you to fix the flaw in the system for EVERYONE, not just your favorites. Specifically, pass a law that makes MANDATORY the worthless, subjective, nebulous legal theory propounded 44 years ago by the judiciary in Brady v MD, 373 US 83 (1963). This landmark decision says, buried underneath much wordy legal confusion and later conflicting caselaw interpretations, that "[Prosecutors must (or should) voluntarily provide the defense with all (or some) exculpatory evidence that they know about, with many exceptions and only upon specific demand, but not after a year's time limit]". This totally subjective, largely indecipherable, wide-open-to-creative-interpretation judicial jargon is the specific web that the prosecutor/judge team used to prevent a fair trial of the border cops you like so much. The lawyer who controls court proceedings pulls this type of evidentiary chicanery on virtually EVERYONE who forces them to trial. They revel in the fact that they only need keep the innocence-proving evidence secret for a single year. After a year, the appeals judges refuse to fix these "mistakes" and "errors" even when they prove deliberate FRAUD, (See: PCR exhibits 1-5), and even when the convictee is proven INNOCENT!
How can appeals judges sleep at night when they let corrupt prosecutor/ judge teams conceal evidence and proof of innocence, and engage in flagrant corruption? Very easily, by using their "due diligence" caselaw rule to trump the US Constitution's FAIR TRIAL LAW. They simply say, in reasonable sounding legalese, "[We're tired of innocent citizens and their never-ending appeals for justice! Judges' time is too valuable to waste rubberstamping the opinions of lower court judges. In order to give ourselves more time to do with as we please, we declare that poor persons with no money or influence have only one year or less to uncover the specific frauds used to convict them, after which they will be declared to have waive their right to justice forever because they failed to show "Due Diligence" in appealing for justice]". Through use of this quiet, shady legal technicality; and rights-ripoff, innocent persons are forced to become clairvoyant as to what innocence-proving evidence the cops found, discarded, stole or manufactured during their monopolization of the crime scene and all the information concerning the crime. (See: Innocents Easiest to Convict; Copcrime: Evidence, Stealing; Copcrime: Perpetrating Lineup Fraud; Coptricks: Evidence; Officers and Identikits, for insight on such frauds.)
So, Representative Hunter, when you order special justice for one, you screw everyone else. If you really want to help the cause of justice, do so within the bounds of your branch of gov't. Please don't go crying to the Executive for a pardon. Try to force the judiciary to get right by making it THE LAW that prosecutors, cops and judges cough up ALL the evidence, and by taking the judges' phony time limits OFF innocence. Americans deserve better than the "shortcut justice" offered by todays legal system. Also, we need a law that says innocent or fraudulently convicted citizens get OUT immediately and automatically, (See: ...Judicial Ping Pong.) THIS would swiftly make future convictions much more honest. Also, outlaw immunity. There is no immunity for crooked prosecutors, cops and judges in the US Constitution. Immunity is nothing but an illegal perk that they've given themselves. When you take away their immunity, honesty in court will quickly become a primary interest. When ALL criminals can be punished, ALL citizens benefit!
Also, I wouldn't worry too much about those two border cops. Getting caught lying and covering up their actions will make them better cops in the future. There is no doubt what so ever that GW Hush will, on his last day, "Scooterize" these poor cops out of doing but a smidgen of their lawful juror-imposed sentences.
Sincerely,
James Bauhaus
Dear Representative Coody,
I'm asking for parole help. I escaped for over ten years and could not even get convicted of escape, so I'm a very good candidate for the search for low risk parole candidates. (See enclosed synopsis.) I've been in prison for 35 years for a crime that I had nothing to do with. I'm highly educated, and I have many skills. I've worked all my life that wasn't spent wasting away in prison. I am wasted in prison, and many dollars are wasted in keeping me in prison.
If it would help, I'd be willing to leave this country. I can easily be much more useful in developing countries where I can teach English, science, math, construction techniques, plumbing, electrical engineering or sanitation; all things I learned while on escape.
Since the legislature picks four of the parole board members, I'm hoping that you will help.
Can I yet a bit of leniency or consideration after all these years: Thank you for any assistance or suggestions you provide.
Sincerely,
James Bauhaus
From Senator Tom Coburn, M. D.
Mr. James Bauhaus
LCF-88367
Lawton, Oklahoma 73501-9765
Dear Mr. Bauhaus,
Thank you for writing me again regarding your legal case. I read every letter written from the Sooner State and welcome the opportunity to respond further to your concerns.
I appreciate our discussions and respect your positions. I appreciate your gracious feedback relating to my responsiveness to your letters. I believe all elected officials should aim to be sensitive and have a servant spirit when addressing their constituents.
You are certainly correct that career politicians in Washington often care more about their next election than what is in the best interest of their constituents. Furthermore. the lack of ethics and moral courage is unacceptable. You are right to point out the inconsistencies of the so-called ethics reform and systems. The ethics rules are often contradictory and fraught with loopholes. Nevertheless. I strive to conduct myself self as my constituents would want me to. I believe we need greater transparency in Washington and I welcome the accountability provided by the electorate.
As I have previously mentioned. as a United States Senator I cannot get involved in your case. What hat I mean by this is that I cannot pardon, commute or change your sentence. Furthermore. I do not have jurisdiction over state prisons or the systems therein. However I can and do aid federal prisoners by requesting, information about their treatment, care, and alleged abuse in the prison system. I can do this by conducting rigorous oversight of the Department of Justice and the federal Bureau of Prisons. But as I mentioned above, I do lack legal authority to formally review the merits of your incarceration or assert any new rights on your behalf.
If your current civil rights are being violated by LawtonCorrectional Facilities guards, I would
encourage you to inform the Associate Director of the Oklahoma Department of Corrections (DOC). who manages the Lawton prison facility as well as your local Oklahoma legislators who have oversight authority over the facility. Ed Evans is a senior official within DOC who is tasked with carefully and impartially reviewing the way in which you and other inmates are being treated at Lawton. Moreover, your serious concerns about Lawton's management, purpose, and conduct of prison guards should he appropriately be brought to the attention of your local representatives. I have provided their contact information for your review.
Ed Evans
Associate Director
Oklahoma Department of Corrections
3400 N Martin Luther King Ave
Oklahoma City, OK 73111-4298 (405) 425-2550
Senator Don Barrington Representative Don Armes
2300 North Lincoln Boulevard, Rm. 533A 2300 North Lincoln Boulevard. Rm. 304
Oklahoma City, OK 73105 Oklahoma City. OK 73105
(405) 521-5563
barrington@oksenate.gov donarmes@okhouse.gov
You may also want to contact the Office of Jail Inspections. Don Garrison would be the person to speak with. I have provided his contact information for your review.
Don Garrison Oklahoma State Jail Inspector
1000 N. E. 10th Street Oklahoma City, OK
73117-1299 (405) 271-6868
Lastly, as a member of the Senate Judiciary Committee, I will carefully review any nominee President Obama nominates to the federal judiciary. Similarly, with regard to federal prisons. I will continue to hold the Department of Justice accountable for their management of federal detention facilities.
I, too, join you in calling for a higher standard of professionalism and statesmanship for all level of government. but particularly Congress. I believe one solution is term limits, which would put an end to career politicians who are only out for advancing their political futures rather than the best interest of the country
Again, thank you for your letter. I wish you the best luck in your legal matters. Please keep in
touch.
Sincerely. ,
Tom A. Coburn, M.D. United States Senator