HOW FALSE CONVICTIONS ARE MAINTAINED ON APPEAL

Once a false conviction is obtained, the likelihood of an innocent person ever getting an appeals judge to remove it is far less than one percent. Why? The cops, lawyers, prosecutors, judges, legislators and media all choose to make citizens believe that their system of justice is always right, even when it is caught perpetrating numerous acts of criminality and fraud. They do not admit to their crimes; they do not apologize. They deny, delay and disparage their victims. The false front of perfection and infallibility is thrust forward at all costs.

The trouble with false convictions, though, is that their victims tend never to be silent about the legal frauds used to trick jurors into convicting them. We tend to somehow get around the free-speech gags that are placed on us afterward, in prison, and if we have any altruistic bent at all, we expose the legal traps so that, hopefully, no others will have to suffer the same abuse. I've already covered how the lawcrats and cops trick jurors into convicting the innocent in my very popular and widely-read treatise, "Innocents" Guide to Avoiding False Conviction". What I have not covered well enough is the appeals process that maintains false convictions at all costs. I attempt to rectify this fault here.

Appeals judges are faced with the task of silencing innocents, concealing their appeals and feigning an aura of respectability and fairness while doing so. Their first barrier to justice is the standard paper blizzard that all gov't bureaucracies hide behind when supplicants try to force them to do their jobs. The lawcrats' paper blizzard is the worst of all, because they have the most at stake: the continued destruction of hundreds of thousands of innocent citizens' lives. This is why lawyer bureaucracies routinely take years and decades from innocents and very rarely erp anything that even looks like justice from far away. Innocents must determine never to give up, and we must be prepared to continue slamming at the walls within which true justice is held hostage, until death takes us, when necessary. This is a fight more important than any individual.

Their second barrier to justice is the fact that virtually nothing in law is concrete. Everything is subjective. Law is deliberately kept an amorphous, nebulous, flexible thing subject to no fact and many opinions for the express purpose of twisting it to gov't ends. Gov't owns the monopoly on law, and no law, or official opinion on law is created without first considering how it will benefit gov't.

As to how, specifically, lawcrats accomplish this, I have provided an example. Please see the exhibit below, beginning with p. 2(A). This paragraph pertains to federal prisoners only. They have two fewer hoops to jump through than state captives. Innocent federal captives are required by the lawcrats to have somehow uncovered new evidence that would convince judges of their innocence. ("Factfinder" means judge in this instance, and judges are here usurping the jurors' function, because most "new" evidence is evidence deliberately concealed by the cops and prosecutors from jurors, otherwise no guilty verdict could have been obtained.)

Instructions page one Instructions page two

Convincing mere jurors of innocence is as arduous as herding cats that are continuously spooked by cops, lawyers, prosecutors, judges and the media. Convincing judges of innocence is virtually impossible. In the entire history of the US--over two centuries of legal "practice"--innocence has almost never been admitted to by any appeals judges. First, their facade of infallibility makes their throats lock up at the mere word "innocence". The closest they will come is "not guilty". When forced, they hide behind neutral words such as "remand", "reverse", "rescind", "acquit", etc. Only in the past 20 years has there been a "flood" of only about 150 "not guilty" persons released from false and fraudulent convictions The only way that these poor souls ever got away is because lawyerproof DNA has made it scientifically impossible for judges to continue to maintain each individual false conviction. In many cases, science not only proved the victims of legal fraud innocent, but also found the guilty. Judges and prosecutors are happy to leave the innocent in their taxpayer subsidized prisons, but public outcry forced them to prosecute the "newly uncovered" guilty that science kept smacking in their arrogant faces. For this reason ALONE were the 150 extremely lucky innocents finally permitted to leave after wasting years and decades of their lives to convince hardened, cynical judges with appeals to their "reason".

Think not? Then see p.2 (B). This paragraph is for state prisoners, who make up about 90% of the 150 science-proven innocents previously mentioned. State judge/prosecutor teams, having: the larger task of maintaining 90% of all the fraudulent convictions of innocents, have eased their huge burden by inserting two extra, nearly impossible, requirements for their innocent victims to meet. State innocent-convictees must fulfill every federal requirement. Next, we must convince judges that we are victims of a "Constitutional error".. This means that the appeals judges must agree with our contention that we were deprived of one (or two, in the case of "ineffective counsel"), of the stipulations in the "Bill o' Rights:` Hidden underneath this requirement is another requirement: we must not have accidentally "waived" our rights. The primary way that judges and prosecutors determine that we have waived these rights is by noticing that we did not immediately leap up and loudly insist upon them the very moment that a crafty, well-schooled cop or lawyer violates them. The most well-oiled trap door in the lawyer's system is this one that automatically waives your Constitutional rights before you can even learn that the cop/prosecutor team has trampled upon them. And do NOT expect help from the judge: He is in direct cahoots with them, since he also depends upon your conviction to benefit his profession. This is where ignorance of the law, ignorance of the facts, and ignorance of the cop/lawyer system combine to provide no excuse for the gullible, unwary and the too-trusting. In order to satisfy this requirement, it is often necessary to be clairvoyant and a mind-reader.

On top of this is piled an even more stringent requirement. Proof of innocence is not enough even when coupled with Constitutional errors. One must also prove that the "new" evidence could not be uncovered "earlier". This is an impossible barrier to justice First, it is usually akin to a miracle that the cop/prosecutor team overlooked, or failed to conceal or de- stroy, the contrary evidence to begin with. Cops and prosecutors know that they can conceal, steal and destroy evidence at whim, .with no possibility of suffering any real punishment even if they do get caught, which is itself highly unlikely. Thus it is standard, routine practice that cops and prosecutors conceal, steal and destroy evidence that is contrary to the conviction of their target. Next, the contrary evidence has a time limit on its "discovery" (the legal term for "uncovery", because it is usually "lost" within the cop/prosecutor's files.) Judges and legislators have put a very short time limit on "new" evidence and thus on innocence itself. The cop/ prosecutor team need only steal and conceal the contrary evidence for a single year. Doing so gives the appeal judges the right to waive all your rights to the innocence-proving evidence, due to your lack of "due diligence" in (1) finding that it exists, (2) uncovering the fact that the cops/prosecutor team stole it, and (3) somehow getting it out of their vaults, despite their lies, deceits, delays and refusals. In theory, satisfying paragraphs A or B sound simple if a citizen is truly innocent. In actual reality, however, the barriers to justice are as insurmountable as the lawcrats' conviction rates are high, (99.55%). As I've said for many years, to score this high, you have to cheat. E.g, in over 220 years of operation, the American Lawyers' System has only released fewer than 200 innocent convictees on appeal and 130 of these occurred in only the past twenty years, and only these because of the rise of IRREFUTABLE-EVEN-TO-LAWYERS DNA evidence.

Evidence of a wholesale, 35-year-long cop/lawcratcheating spree is obvious throughout my case. (see PCR and "exhibits"). Even more cheating is found when one compares the recent tenth circuit "order" (Bauhaus v Reynolds, 07-5094) with the exhibits here. In it the judges pull a very cunning switcheroo to justify their latest fraudulent ruling against this innocent man and for the killer of Mr. Hunt. E.g, the 4th line of p.2, paragraph B requires mere "convincing evidence". In their "order”, judges Kelley, Hartz and O'Brien switch "evidence" for "proof", rightfully claiming that I can no longer prove my innocence, now that the cops and prosecutor are proven to have deliberately destroyed the proof, and wrongfully demanding proof where only "evidence" is required. (See the 2nd-to-last paragraph of the 6-21-07 "order" posted elsewhere on my site.) It is slick-lipped pomposity like this that you will find throughout the lawyers' system. Anyone can be convicted upon "proof beyond a reasonable doubt", but to become UN-convicted requires proof beyond a shadow of ANY doubt, plus Constitutional error, plus due diligence, plus a year time limit. All this is required AFTER the cops and lawcrats have had every opportunity to steal, conceal, destroy, delay and lie about the innocence-proving evidence. This is more proof that innocence means less than nothing to cop and lawcrat bureaucracies Hell-bent on their own secret agendas of keeping prisons overstuffed and feigning infallibility.

There is no real quality control or oversight on these cops and lawcrats, thus they have juked the system and run completely amok. Jurors used to provide some quality control on them, but have been largely reduced to the function of a rubber stamp for the prosecutor. Citizens have never been in more danger of being convicted by fraud. Citizens need to wake up and FIX GOVERNMENT!