Manufacturing Felons

Manufacturing Felons

How do you Manufacture Felons?

  1. You have to elect a president, congressional representatives and senators with a right wing, extreme, radical agenda.

  2. You have to keep them in office long enough to pass laws, rules, and regulations that promote their agenda, by the use of the patronage system.

  3. You stack the courts with right wing judges who will promote the agenda at any cost.  This, also, helps remove the dissenter by changing the rules from “innocent until proven guilty beyond a reasonable doubt”, to “guilty until proven innocent beyond any doubt.”

  4. You put prosecutors in charge of the justice system.

  5. You install Federal Sentencing Guidelines with mandatory minimum sentences.

  6. Address the effect of everything in our society instead of addressing the cause of problems in our society.

  7. Use intimidation in plea bargains to win cases. 

  8. Use fear to establish a security state.

  9. Rig the economic system to eliminate the free markets and competition, so the little guys don’t have a fighting chance.

  10. Remove intent from the judicial process so there is no distinction between a mistake and a crime.

In 1971, Republican President Richard Nixon appointed a drug czar to head up the War on Drugs to punish the dissenters to the Vietnam War.  His administration considered the dissenters to be young, hippie types, and drug users.  The laws passed by state legislatures and congress, to implement this War on Drugs, has eroded our constitutional guarantee that the accused is innocent until proven guilty, beyond a reasonable doubt.  These, and other right wing reactionary laws, have caused a crime wave around the world.  Practically no country on earth has not been affected by U.S. drug laws.  This could be compared to the crime wave created in the U.S. by the Volstead Act, during the 1920’s and 1930’s.

I have interviewed over twenty five lawyers since 2009 and every one of them has stated that if you are accused of a crime in the U.S., you had better be prepared to prove yourself innocent three times over.  Many of the national policing agencies, such as the BTAF and DEA, are questionable as to their constitutionality, even the FBI operating as a national police force, instead of operating as an investigative body to aid the states as it was originally intended.

In 1980, when Republican Ronald Reagan, who I contributed $10,000.00 to out of my aircraft propeller overhaul shop to help him get elected, the government took a drastic turn to the right of the political spectrum.  I pray every day to be forgiven for that bit of stupidity.  When President Reagan was elected, we had between 350,000 and 400,000 prisoners in U.S. prisons.  This number includes local, county, state, and federal prisons.  By the year 2008, there were 2,500,000 prisoners in U.S. prisons.  (Reference: November Coalition, The Razor Wire, 2008, (Exhibit 1, Exhibit 1-A, Exhibit 1-B, Exhibit 1-C).   The U.S. population is 5% of the total population of the world, but has 25% of the world’s prisoners in U.S. prisons.  80% of drug use is by “white” Americans, but 80% of people in prison, because of drugs, are “black” Americans.  (Reference: November Coalition, The Razor Wire.  See Exhibit 1 on this web site.)

Consider the cost in dollars to build the infrastructure to house and control this gigantic prison population, then consider the human cost in broken people and broken homes.  These right wingers like to treat the effect rather than the cause.  The published cost of the U.S. prison population is $80,000,000,000 per year (U.S. Bureau of Statistics), but if you factor in everything, including investigations, arrests, pre-trial, post-trial, supervised release, etc., the cost is more like $50,000.00 per prisoner per year or $125,000,000,000 per year.  (Google Wikipedia: Incarceration in U.S., Exhibit 1 , Exhibit 2-A, Exhibit 2-B, Exhibit 2-C, Exhibit 2-D, Exhibit 2-E.)  All of this has been counted by the right wingers as economic growth.

Most prisoners are in prison for long sentences due to the Federal Sentencing Guidelines with mandatory minimum sentences.  The judge cannot sentence based on whether or not the offence is major or minor, the background being good or bad, etc., he or she has to follow the Federal Sentencing Guidelines or be reported to the U.S. Attorney for going below guidelines, which puts the prosecutors in charge of the process.  Most of U.S. prisoners are non-violent.

This mass incarceration creates a potentially larger problem.  One in every twenty eight adult Americans is a felon, including me, (more on my story later).  Think of the number of people, since 1980, who have been imprisoned and released at the end of their sentence and more to come.  Consider the resentment when many of these could have been misdemeanors, fixed with a fine or probation and a great many are innocent of a real crime.  Could this be a possible threat to the national security?  Will the right wing eventually use this to take away all of our Constitutional Rights and civil liberties.  Many of the large, multi -national corporations would like to see a totalitarian government, under their control, as would many of the wealthiest people in America.  Wouldn’t it make more sense to allow a minor non-violent offender, who reenters society and is a model citizen for five years, to work off his or her felony, thus reducing the number of felons instead of the number growing day by day.

Are we going to trade liberty for security?  We cannot have absolute security and liberty.  It is a contradiction in terms.  One of our founding fathers, Benjamin Franklin, stated, “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”  (Read the Patriot Act summary of 2001 to find out how little liberty we have left, Exhibit 3)

Starting in 1980, the right wing of the political spectrum took over the Republican Party and started stacking the courts with right wing judges, getting laws passed to eliminate competition and free markets, making it possible to send jobs overseas, burden small business with regulations, reducing regulations on “big business”, and redistributing income in the U.S.A., so the rich get richer and the poor get poorer.  When Louis Brandeis was a justice on the Supreme Court, he stated, “You can have the money supply in the hands of a few people, or you can have democracy, but you can’t have both.”  Many of these efforts were in direct violation of the Sherman Anti-Trust Laws and the R.I.C.O. Act, etc.  (See Exhibit 3-A ).

In 1994, Bell Helicopter, a Textron Company, convinced the FAA to initiate a Suspected Unapproved Parts Program to prevent parts that were not approved directly by the aircraft component manufacturers from getting into the repair of aircraft products.  The FAA can take away your livelihood, close your business, and cancel your certificates, if they suspect that you are using unapproved parts.    They do not have to prove you are using a bad part, only suspect you are.  More Civil Liberties gone because you are guilty if you are suspected or accused, giving bureaucrats more power.

The FAA jumped at this opportunity to increase their bureaucracy, but did not realize this would lead to the elimination of the use of standard aircraft parts, made to a standard (Society of Automotive Engineers [SAE], National Aircraft Standard [NAS], Army Navy Standard [AN], American Society for Testing and Materials [ASTM], AMS (Military Specification), Military Standard [MS], Mil Spec.), etc.  The FAA allowed the aircraft and component manufacturer to put their own part numbers on these standard parts and charge 300% to 1000% more for them.  An example of this is grade 24 chrome steel balls used in many manufactured products in all industries, including the aircraft industry.  The aircraft propeller manufacturing companies purchase the balls in various sizes from Winstead Ball Manufacturing Co., Atlas Ball Manufacturing Co., Hoover Ball Manufacturing Co., etc.  Consider wheel bearings operating in an eighteen wheeler truck going down the highway at seventy miles per hour weighing 80,000 pounds.  Do you think those bearings might be good enough for small and medium airplanes?  Bearings are made to a standard.  The propeller manufacturers sell these balls for one dollar and ninety five cents each.  The repair shop can buy them for ten cents each and, generally, sell them for twenty cents.  The people who own the repair shops are in danger of jail time if they do not purchase them from the propeller manufacturer, even though it is the exact same part, from the same source.  (See Exhibit O on my web site, Liberty Matrix).  The FAA states as part of its policy that standard parts can be used, however, these statements are located in “Orders” and not in the main stream training of the FAA Principle Maintenance Inspectors (PMI) who regulate the aircraft repair shops on a local basis.

In the reduction gear box on the front of a GTSI0540 Lycoming engine, a bearing on one of the gears can be bought through the normal distribution system for about $600.00, but if the exact same part is purchased from Lycoming, it is about $6,000.00.  The manufacturer can sell for whatever price they choose, but when the government requires the purchaser to buy the exact same part only from the aircraft or A/C component manufacturer at ten times the market price, the government is suborning racketeering.  This forced pricing is going on throughout our economy from pharmaceuticals to the trucking industry, industrial machinery industry, etc.  Compare this to hotels, computers, printers, auto parts, etc., where there is competition and free markets and prices are reasonable.  The aircraft and aircraft component manufacturers are directly influencing the FAA to support their “price fixing”.  (Exhibit 3-A).  The trucking manufacturers, heavy equipment and capital tool manufacturers use threats to cancel warranties if you buy a generic part instead of buying from them.

George Day, a Democrat, former Sgt. At Arms of the Texas Legislature, later to become District Attorney in Brown County, TX and a colonel in the Texas National Guard, was sent to the War College in Kansas in 1956.  As a young officer, he was taught that the greatest threat to U.S. National Security was the multi-national corporations, not the Soviet Union or Red China.  This was in 1956.  What are these corporations today?  The Koch brothers, and others, can now buy the government across the table instead of under it, because of Citizens United being passed by the right wing supreme court.  George Day eventually was prosecuted by a right wing prosecutor in Lubbock, Texas in order to nullify his Democratic political influence in Texas.  (As an example, google on Wikipedia former Governor Don Siegelman (Exhibit 4), Richard Scrushy (Exhibit 4-A) former U.S. Attorney, Alice Martin (Exhibit 4-C), , and The Pork Barrel World of Judge Mark Fuller (Exhibit 4-B).

Consider Daryl Reynolds, Wills Point, Texas’s case.  He was accused by Tommy Tucker, a PMI in the Dallas FSDO, of forging his signature on an aircraft document.  The federal prosecutor told him if he did not plead guilty and accept a six month sentence in a federal prison camp, he would get a six year prison sentence, if convicted.  He had two girls, one 14 and one 16.  His wife told him she could handle six months, but not six years, so he lied and said he did it.  I have known this man many years and he told this to me first hand.  There is a huge number of men in prison who are innocent because they pled out to protect their families from the prosecutors.  Prosecutors are in charge of the state and federal justice systems.

John Kinsel is languishing in Angola Prison in Louisiana!  He was dating a woman who had a ten year old girl.  The girl accused him of inappropriate sexual activity involving her.  He was indicted, arrested, and went to trial at which the girl’s family testified that he did not have access to the child at the times she had described.  The trial occurred in a south Louisiana parish and the jury convicted him.  The mother and child moved to Colorado and lived there ten years.  The girl, now twenty years old, moved back to the parish where she lived as a child and told the prosecutor and the judge, that she had lied.  The judge said he could not tell whether she was lying then or lying now and ordered a new trial.  The prosecutor appealed the judge’s decision to the Republican right wing Louisiana Appellate Court, who reversed the judge’s decision for a new trial.  A brief of this case was sent to me by Judge Stickney, the magistrate judge in the U.S. District that tried me in Dallas, Texas to show me that my case was not going to be overturned.  The prosecutors will do anything to promote the right wing agenda and to not be proven wrong.

When I was in the Federal Prison Camp in Beaumont, Texas, I met Oscar Wyatt, a Texas oil billionaire, age eighty three.  On many occasions, Oscar and I talked about flying, business, and politics.  On one occasion, he told me that he had sued Barbara Bush’s sister for thirty million dollars and won.  He told me, and I quote, “George H.W. Bush told me, ‘Before you die, I will see you in prison’”.  (See “The Day Oscar Wyatt Caved”, Texas Monthly, para. 3, Exhibit 5).  Oscar took Jim Baker, former Secretary of State, and former Texas governor, John Connelly to Iraq to negotiate on the Oil-For-Food Program and negotiations included a surcharge to Saddam Hussein.  Paul Voker, former Federal Reserve Chairman, concluded that about half of the 4,500 companies participating in this program were paying the surcharge, but only Oscar Wyatt was singled out for prosecution.  When he was arrested by feds, he was treated so harshly, it threw one of his shoulders out.  He was eighty two years old, a huge, physical threat to the feds.

Another billionaire, Richard Scrushy, who owned Health South, that owned 750 hospitals around the world, was in the Federal Prison Camp in Beaumont.  Richard Scrushy and I became acquainted and visited about flying, business, and politics.  He told me, and I quote, “I gave Governor Siegelman a check for $250,000 to start a health care program for poor kids in Alabama.”  Governor Siegelman was incarcerated in the Federal Prison Camp in Oakdale, LA.  Republican U.S. Attorney for the Northern District of Alabama, Alice Martin, tried Scrushy and Siegelman, claiming the $250,000 check was a bribe.  On two occasions, while in the Beaumont Camp, I saw 60 Minutes run a program on Governor Siegelman and played a video of Alice Martin saying that if Siegelman ran for governor again, he will win and we cannot allow that to happen, (paraphrased).  (See Alice Martin, Exhibit 4, Don Siegelman, Exhibit 4, Richard Scrushy, Exhibit 4-A, and Republican U.S. District Judge Mark Fuller, Exhibit 4-B.)  Alice Martin resigned under investigation in 2009 (Exhibit 4-C).

Also, in the Beaumont Camp, was a house remodeler from California who had his office in the family home.  He bought all of his supplies at Home Depot and hired day laborers, as he had been doing for twenty years.  The INA showed up and arrested him, but not the illegals.  The Federal Prosecutor threatened to indict his family because his office was in his house, so they had to know what he was doing, if he did not take the plea.  He went to jail to protect his family.

A man with only one hand was in the camp.  For twenty years, he had been licensed by the Federal government to buy and sell firearms and related surplus equipment.  While handling some surplus equipment, something exploded and blew his hand off.  BTAF did an investigation and found somewhere in his background, he had a felony, so he was charged with a felon in possession of a firearm.  Nothing the man had done for twenty years had been called into question.

My propeller shop was located on the Lancaster, Texas airport.  The east wall of the hangar I was operating my shop in, was the west wall of Mark Hasse’s aircraft sales company.  Mr. Hasse was a retired lawyer who graduated from SMU Law School.  He was a friend and long time acquaintance.  After I was released from the federal prison camp in Beaumont, Texas, I was talking to Mark Hasse while standing outside of Lucky Louque’s hangar on the Lancaster airport about the errors committed in my trial and how I did not get my constitutional guaranteed right and the following is a direct quote made by Mark Hasse.  “I don’t give a god damn about the constitution, if the son of a bitch is guilty, I am going to put him in jail.”  Mark Hasse was a prosecutor for Henry Wade for many years, and so was David Lee Jarvis, now an assistant U.S. attorney, and is the one who prosecuted me.  Many others who prosecuted for Henry Wade are now DA’s scattered around Texas.  (Google Henry Wade and the Innocence Project Texas, Exhibit 6

At this point, I would like to point out that from the time of the Civil War until after the 1964 Civil Rights Act and the Voting Rights Act were passed, all public offices in the south were held by right wing extreme radical reactionary Democrats.  These Democrats, in control of everything, used intimidation, fear, murder (KKK), rape, beating, terror tactics, poverty, ignorance, and lack of franchise to maintain segregation and inequality for black Americans.  Today, the right wing radical reactionaries are Republicans.  The only thing different is these people with the same political DNA have now adapted the Republican brand and the progressives are now called Democrats.  Recent history shows that by suppressing the vote of minority Americans, the right wing Supreme Court watering down the laws that protected minority Americans, etc., the Republican minority party in the U.S. expects to have a better chance of obtaining and retaining power.  When I was a Republican, I embraced senators like Everett Dirkson and Bob Dole, but these types have been replaced with right wing radicals whose only agenda is money (maintaining the unequitable distribution of income), and power through the patronage system.  If Progressive Democrats are in power for a long period of time, and they don’t behave themselves, they can be guilty of going too far to the left of the political center just as the right wing radicals have taken the Republican party too far to the right of center.

In the era of Henry Wade, the Dallas County District Attorney for thirty six years, who was an extreme right wing radical Democrat, a so far, untold number of people were tried and convicted of crimes who are innocent.  So far forty nine men have been exonerated by the use of DNA evidence and 250 more cases are currently being reviewed.  A number of the lawyers out of SMU Law School and Texas A & M Law School went to work as prosecutors for Henry Wade.  If you look on Wikipedia under Henry Wade, Dallas County District Attorney, you will find a statement, “the culture in that department was ‘convict at all cost’”.  It is estimated that some of the innocent people convicted in Wade’s department have been executed by the state of Texas.  Please note, it doesn’t make any difference whether the right wing radical reactionaries are Democrat or Republican.  They are still Fascist.  (Google Henry Wade or read Exhibit 6-B.)

Fascism is defined as, “…any political or social ideology of the right which relies on a combination of pseudo-religious attitudes and the brutal use of force for getting and keeping power.”  People like Henry Wade are traitors to our country, as well as many of the judges who presided over these cases and allowed unrighteous prosecutions.

Communism is defined as, “…the ownership of properties or means of production, distribution and supply, by the whole of a classless society with wealth supplied on the principle of, ‘to each according to his need, each yielding fully according to his ability…’”  Communism is failing around the world, but Fascism is on the rise.   ISIS is a prime example as well as the political and social policies implemented at various times in the U.S., especially since 1980.

Capitalism is defined as, “…an economic system in which the means of production, distribution, and exchange are privately owned and operated for private profit.”  This has always been the American System and has done the most good, for the most people, as long as the playing field is kept level with every American, regardless of race, creed, or color, having an equal opportunity according to their own ideal.  This has not been the case since 1980.

I could write volumes about the fact that I did not commit a crime and how the right wing trial court (Judge Fitzwater was appointed by President Reagan in his second term and the prosecutor, David Lee Jarvis prosecuted for Henry Wade for many years) confused the jury, ignored rules of evidence, as did the Right Wing Fifth Circuit Court of Appeals.  (Google Fifth Circuit Court of Appeals Judges or read Exhibit 7.)  My lawyers asked members of the jury why they voted “guilty” in my trial.  Two of them stated that they did not know what happened, they just thought something did.  When my lawyers told them, “You are supposed to judge whether or not the evidence the government presented proved him guilty of the specific charge,” they both turned and walked away.  This indicates that they were not sure beyond a reasonable doubt.  To the best of my recollection, the two ladies were school teachers from Terrell, Texas.

 

            I received a letter in 2006 from Assistant U.S. Attorney, David Lee Jarvis, stating that I was under investigation.  Two of my employees, Marco Montage (a naturalized American citizen) and Harold Lima, were called to testify before the grand jury.  When they were finished, the grand jury sent for me to come and tell them what happened.  I was scheduled to talk to the grand jury on a Thursday and Jarvis presented my case on the Tuesday before that Thursday and the grand jury thought I just didn’t show up and they indicted me.  These are the kind of tricks Henry Wade taught his prosecutors to use to prevent the defendants having access to all of their Constitutional protections.  In this, and other ways, the prosecutors are in charge.

I was tried under 18USC38 Fraud Involving Aircraft or Space Vehicle Parts in Interstate Commerce (a & b) (d & c).  Jarvis later had to go back to a grand jury and get a superseding indictment stating that this case was in interstate commerce or the U.S. District Court would not have jurisdiction to try the case. Exhibit 8

This case involved a overhauled propeller that I had in stock before Tommy Tucker, my FAA Principle Maintenance Inspector revoked my certificate based on the statement of a fired employee.  During the time that my FAA Repair Station Certificates were revoked, before I won them back, in the NTSB law court, I did a minor repair to the propeller authorized under my Aircraft and Powerplant License.  Major repairs cannot be authorized by an A & P License, but minor repairs can.  The Federal Aviation Regulations define the difference between major and minor repairs and when Jarvis realized that during the trial, he switched to backdating.  Because I had done a minor repair to the overhauled and certified propeller I had in stock, Jarvis attempted to convince the jurors that the certification document was backdated, but I did not change the date on the original certification document because the Federal Aviation Regulations track the propeller overhaul by the serial number on the hub, which the regulations refer to as the propeller.  The FAR’s refers to the propeller as the hub assembly and identifies the blades separately.  The minor repair I did, involved the blades only.  Two of the jurors admitted after the trial, that they were so confused they didn’t know what happened.  Remember Tommy Tucker’s name was on the bribe letter I sent to Washington and Jarvis learned to prosecute under Henry Wade.

 

How can we “fix” our Justice, Economic and Social Systems?.  The American people, as the electorate, need to exercise their franchise at the ballot box based not on a perception, emotion, religion, etc., but on history and statistics.  The radical right wingers have captured the evangelistic vote with issues like abortion.

Approximately 43% of the children born in the U.S. each year for the past five years, were born out of wedlock.  Some women have produced four children, each by a different father and they have never been married.  In what part of our society is this breakdown taking place, at the wealthy end of society, or the poorer, lower end of society.  The breakdown of the nuclear family is the large part of problems in our Justice System and Economic System.

It is possible that the wealthiest people and the large corporations, and more importantly, the right wing radicals who support those, want abortions to take place.  It appears from recent history that issues like this is how the evangelicals have been led to vote for the right wing radicals, but they lie to get evangelical votes.

When I was in the federal prison camp in Beaumont, Texas, I received a copy of the Baptist Standard, (the newspaper of the Southern Baptists).  It reported a meeting in Atlanta at which a group of ministers were objecting to the evangelical Christians supporting the right wing government, (at the time of the war in Iraq), agreeing with the torture of prisoners.  How could true Christians be misled this way?

God does not want to be “stuffed” into our government by man’s ideologies.   More people have been killed in the history of mankind by religious differences, than any other issue.  What God wants is for every man and woman to have God’s love in their heart and use that love as a filter for what comes out of your mouth, what your hands do, and where your feet take you.  When that happens, it won’t make us perfect, but we won’t have to worry about social justice, income inequality, or righteousness in our justice system.  Use that filter to tell you who wants to do the most for people and who wants to do the most for only a small segment of the people, when you vote in any election.  This is how we need to put God in our government and not let the extreme radical reactionaries, Democrat or Republican, get your vote with a lie.  Look at the history they have produced.  Consider the statistics produced during their period of power and vote carefully, considerately, and most of all, intelligently, so that a government “…under God, shall have a new birth of freedom, and that government of the people, by the people, and for the people, shall not perish from the earth.”

I have chosen to use my Request for a Rehearing for a Certificate of Appealibility to the right wing Fifth Circuit Court of Appeals as a summary of my case.

 

For a general reference to this document, read CATO Institute’s book, Go Directly to Jail.

God Send Us Men
By Frederick John Gillman

God send us men whose aim will be
Not to defend some ancient creed
But to live out the laws of Right
In every thought and word and deed.

God send us men alert and quick
His lofty precepts to translate,
Until the laws of Right become
The laws and habits of the state.

God send us men of steadfast will,
Patient, courageous, strong and true,
With vision clear and mind equipped,
His will to learn, his work to do.

God send us men with hearts ablaze,
All truth to love, all wrong to hate;
These are the patriots nations need;>
These are the bulwarks of the state.

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