4th of July - Still No Justice

Today is the 4th of July but I don't celebrate it. I will spend part of today working on the post I hope to put up tomorrow - the testimony of the accuser from the preliminary hearing and the trial.

Danville, Virginia - what a legacy - to be known for being the last capital of the confederacy, the wreck of the Ole 97 and the most violent Virginia city during the Black Civil Rights Movement.

In Washington, DC there is a confirmation hearing for another federal judge. Federal officials use words like - Constitution and Rules of Law, but they are the ones who don't enforce the law. So what good is law and what does it matter if a nominee is a woman, a person of color or a man if the law is not enforced all over America? If people don't have the same legal rights then what is the point of court rooms?

I read that in Florida and New York there are commissions or some type of program underway to try to decrease the number of wrongful convictions in those states. I looked for something written about wrongful convictions in Virginia to see if my state was doing anything about it. I read an article from last year that "Then-Gov. Mark R. Warner ordered a sample testing of 31 of the old cases,...". ARTICLE.

Wait a minute, when I sent a fax to then Governor Warner, who is now a Senator, I received this reply:

excerpt - August 18, 2004
Governor Warner has no authority to intervene in legal matters.

Ordering DNA test that exonerated prisoners and stopping someone from being executed and granting pardons IS intervening in legal matters. So why didn't Governor Warner do something about the detective who tampered with a defense witness? He didn't contact anybody to get an investigation started so that the defendant could get a REAL fair trial.

In 2004 I received a reply from Mr McNulty who was then the Eastern District U.S. Attorney of Virginia:

from Paul McNulty Virginia Eastern District USDOJ - June 16, 2004
We are in receipt of your letter dated June 13, 2004, and are writing to advise you that Danville is in the Western District of Virginia. Therefore, your letter is being forwarded to their office in Roanoke.

It is July 4, 2010, six years later and I still have not heard from the United States Department of Justice in Roanoke, Virginia.

Have you read or heard about the corruption in the U.S. Dept of Justice during the Bush Administration? Dismissal of U.S. Attorneys So why is there talk of impeaching Obama due to somebody not liking how the USDOJ is operating now. Disagreements within the USDOJ leaves the citizens with no protection at all. Who responds to the complaints of ordinary citizens?

On July 14, 2004 I sent a fax to the United States Dept of Justice - Office of Professional Responsibility in Washington, DC. It is now July 4, 2010 and I have not heard from the USDOJ. Even if that department does not handle complaints about a citizen being denied his Constitutional Rights, my fax should have been sent to the department that does deal with complaints of this nature.

On May 20, 2010 I sent an e-mail to the USDOJ in Washington, DC and have not had a reply. Why no reply?

Am I being impatient? Seven years of waiting for justice is not impatience. I am an American citizen. I made a complaint against the police detective and about the defendant being denied his CONSTITUTIONAL RIGHTS. But officials (city, state, federal) has done nothing about this case and the JUSTICE DEPARTMENT does even bother to reply.

Can anyone reading this blog please tell me what Department in American has the authority to do something about a defendant being denied his Constitutional Rights to a fair trial, legal representation and a fair appeal? Witness tampering is illegal - which department handles that?

What Department in America investigates misconduct by officers of the court and police officers?

What Department in American protect citizens from corrupt officials?

Why should the Virginia State Attorney's office defend Danville officials who broke the law and don't help the citizens whose constitutional rights have been broken?

excerpt from Jerry W. Kilgore, Virginia Attorney General - October 17, 2003
Thank you for your letter of October 5, 2003 ...
Based upon the information that you provided, Mr H likely still has remedies available in the state appellate courts and has an attorney appointed to represent him. That attorney is in the best position to assist Mr H in any effort to ...
The Attorney General, by law, serves as the legal advisor to agencies of the state government and is authorized to render legal assistance or advice to designated state and local officials. Our office has no authority to provide legal assistance or advice to private citizens or to intervene in disputes between citizens and their local governments. This office also no authority to intervene in a prosecution brought by a locally elected Commonwealth Attorney and, in fact, is obligated to represent the Commonwealth in the event that Mr H appeals his conviction.


The public defender did nothing about the witness tampering, did not properly protect the defendants rights, properly represent his side of the case, etc and he gets to represent the defendant in the Court of Appeals? The public defender is paid by the state the same as the prosecutor. Even Michael Jordan on his best day wouldn't stand a chance playing by himself against a whole profession team. What's fair about that?

> excerpt from Virginia State Bar's reply to the defendant - October 9, 2003
Please note that the Virginia State Bar, by law, has limited authority. We carefully reviewed the materials you sent in and have ascertained that we will not take further action on your complaint for the following reason(s): The Virginia State Bar will not open disciplinary cases on dissatisfaction with the quality of a lawyer's representation of a lawyer solely on the quality of the lawyer's advice or strategy. However, a lawyer maybe investigated of disciplined for certain serious situations, such as missing important deadlines, failing to file required documents or abandoning a client's case. If you believe that your lawyer represented you poorly, your remedy may be to file a civil malpractice action, or, in a criminal case, a petition for a writ of habeas corpus, which addresses claims of ineffective assistance of counsel. These cases must be filed in a court of law, not with the VSB. However, we will not initiate a complaint on that basis.
Note: There is no formal appeal process if you disagree with our decision not to initiate a formal Investigation into your complaint.

> excerpt from Virginia State Bar's reply to me - March 12, 2004
The Virginia State Bar received your correspondence. All lawyers who practice law in Virginia must be members of the Virginia State Bar. Virginia lawyers must follow certain rules of conduct called the Virginia Rules of Professional Conduct. The Bar enforces those rules and disciplines lawyers who violate them. This office reviewed your correspondence to ascertain whether it described conduct that might violate a provision of the Rules of Professional Conduct. Please note that the Virginia State Bar, by law, has limited authority. It cannot address all situations through its complain process. We have no evidence of ethical misconduct on the part of Mr R.
Note: There is no formal appeal process if you disagree with our decision not to initiate a formal investigation into your complaint.


The Virginia State Bar of course has no evidence because it did not investigate the complaint. The prosecution had no evidence except for the accuser's complaint. So the complaint by the state witness is evidence but a complaint against the public defender is not evidence. A complaint should start an investigation UNLESS it is a complaint against officials.

The public defender "abandoned" his client when he did not put on defense witnesses at the preliminary hearing and the grand jury hearing. He also did not summon all the people who could have been defense witnesses. He did not let all the defense witnesses he did summon testify. At the trial, he did not play the preliminary hearing tape that has the accuser saying her cousin, a defense witness, was there that day to impeach her trial testimony where she claims he was not there. He did not mention the tape in the appeal petition so he probably did not submit the tape to the appeal court. AND he did NOTHING about the police detective TAMPERING with a defense witness.

Now tell me, who investigates city officials who are corrupt? Who investigates the police department? Who investigates the district attorney's office? Who investigates the public defenders office? Who investigates the judge? They will investigate themselves?

I didn't vote in the last elections for Danville officials or Virginia officials. They want my vote but when my rights are violated they ignore me. And some break the law and get protection from other officials. I will no longer vote in the national election to choose a President of the United States of America. Since I am still treated like I am not an American, then I will no longer vote to put people into office who don't uphold their oath to defend the laws of the United States Constitution of America. The U.S. Constitution wasn't meant for Black people when it was first penned and it doesn't mean anything now.

And the framed Declaration of Independence is no longer on my wall. I don't celebrate the 4th of July.