CHAPTER 17
Post-arrest
It was shortly after midnight on the 8th that I was officially arrested. Hours earlier I already knew I wasnt going home. Agents had told my father that I was going to be taken to the Metropolitan Detention Center in downtown L.A. (MDC-LA) and he relayed that information to me when I talked to him on the phone well before midnight. Also, throughout my interview agents never left me out of their sight. I was escorted by two agents whenever I needed to use the restroom. Despite going voluntarily with them to their office at around 11:00 a.m., it was clear that I was not free to leave the building if I wanted to. So even though I wasnt officially arrested yet, it was in the works and I was going to be. For all practical purposes, I was in custody well before midnight. Yet when it come time for sentencing, my time in custody began on the 8th, not the 7th as it should have. I was cheated out of a days credit and still feel Im owed. No matter how you look at it, I was in custody on November 7th and that day should have counted.
After I got booked into MDC-LA I was immediately whisked away to administrative detention, the hole, for my own safety. Included in the news stories about me was the fact that I had a conviction for a sex offense against children. They never reported that it was a non-forcible offense though. Likewise, they prominently reported that I had tried to burn a church down in 1959 when I was 9-years-old. Unfortunately, they never completed the rest of the story as to how it all come about. After being in the hole a couple of days I was put in a special housing unit still out of the general population but at least not locked in a cell all day. That unit, known as 8-South Annex, housed those with physical disabilities, mental disabilities, and those who needed protective custody for various reasons. I fully expected to get released on bail once the court set a dollar amount. I had always gotten released on bail during my past arrests and those were for crimes where I actually did some damage. Here there were only threats to do damage and no actions toward carrying any of them out. The only injuries I caused were emotionally upset feelings by those who read the letters along with expenses the government incurred in arresting and prosecuting me.
Now I know everyones going to jump on the bandwagon and say they were horrible threats. I dont doubt that. And I dont doubt that it caused some people to suffer some sleepless nights due to worry after what they read. But I will stand up on the highest mountain I can find and tell you that the emotional trauma anyone felt nowhere compares to what I suffered on a long-continuing basis as an ex-sex offender living among the most hostile and violent people on Earth prejudice convicts. I dont want to even hear your sniveling about how you suffered after what you read in my letters. I got denied bail on this case because my threats were so bad, but when I got subjected to a hell of a lot worse, they all turned a deaf ear. If they would have taken my abuse 1/100 as seriously as they are taking what I dished out in the letters Id be much less grudge filled today. : - (Youre going to be hearing how I continued in a self-imposed silent state after being denied bail and refused to disclose the identities and actions of Snake and company. Much of that relates to being treated in a double-standard way once again, something I vowed long ago to no longer tolerate. If youre going to downplay serious threats I suffered dont you dare elevate less serious ones I put out and then think you got a favor coming from me. That shit dont play with this dude! Sorry for the detour once again folks. One of my hot buttons just got punched!
I already covered how they knew I wasnt an arsonist because they had me under surveillance at least two days before the first fire ever started. But did the deceitful agents report that to the news media? Angrily no. They continued to let them believe that I was a suspect and with that my name continued to lead the newscasts night after night. What I needed was to get a copy of that letter I sent Maginnis on October 24th. If it was pulled out of the mail box, as I pretty well knew by now, and didnt go through regular postal channels then its stamp wouldnt be cancelled.
As days progressed bits and pieces of the pages of Discovery filtered their way to me through my attorney, Deputy Federal Public Defender Paul L. Abrams. Sure enough, Maginnis letter did not have a postal service cancellation stamp on it. Those dirty bastards definitely had me under surveillance all that time knowing I had nothing to do with any of the fires, yet their harsh line of questioning was as if I did. I told Mr. Abrams about this and asked him to get copies of all their surveillance records so we could see it in black and white. A few days later his letter relayed their response, the government has informed me that no surveillance reports exist. Now Im even more convinced theres a cover up. No ones going to believe they are going to devote all those expensive man hours to following me everywhere I go and not keep a written record. Even dumb-ass Mondo wouldnt fall for that excuse. (In my inquiry letters to Palacios and Gleysteen I stated in bold Id sure like to have this confirmed but heard nothing from either one. Gotta wonder what theyre hiding here.) The earliest positive reference in the Discovery of surveillance is on November 2nd, the day the Malibu fire started in which three people died. Yarbrough clearly had no business pursuing the line of murder-related questioning he did. Let that be a lesson to everyone. Invoke your Miranda rights right on day one. They cant trick you into anything if you keep your damn mouth shut! You know, I address this quite extensively in Revenge, but I failed to listen to it myself.
This time for the first time ever I was denied bail because of that well worn phrase; I was supposedly a danger to the community. This excuse alone was used, despite the fact they knew, or should have known, that of the past times that very same excuse was haphazardly thrown up into my face when I wasnt a real danger at all, it later, out of spite, brought out behavior (sometimes not even illegal behavior) to purposely show that I could be a danger or in the very least, a real nuisance to the judicial system. Accomplishing one of those opposites of what theyre trying to accomplish like handing them back some of the disadvantage theyre throwing at me especially when it can be done without breaking the law, has been an ongoing pet project of mine for years and I openly speak enthusiastically about it.
Unofficially, I was told that if I hadnt of made all the publicity I did that bail wouldnt have been such a problem. The thing is, I wouldnt have been a publicity item to begin with if the FBI and ATF would have been honest and forthright from day one and told the media that I wasnt an arsonist. Had that of been done I would have been just a person who sent some threatening letters in the mail, something that probably happens often and never gets reported in the news; and with that I could have gotten bail set. This I will never forgive nor forget. But besides that, John Orr was let out on bail, and he was a real serial arsonist whose federal case made a lot of publicity several years ago. (And even again recently in a state murder trial.) He was a former fire fighter and I believe an arson investigator who actually set fires and then wrote about them in a book he was going to publish. Id say his behavior was a lot more dangerous than mine so if he could be let out on bail then surely I could have been. But no, I had to be another double-standard victim.
Now, basically for political reasons I was going to miss my parents 50th, and final, wedding anniversary, my birthday, a final Christmas together, plus I was being housed in more restrictive living conditions than general-population inmates are all because of my high-profile case that had no business being so.
And on top of that, I could not see what damage ransacking agents had done to my personal property on the day of my arrest. I had only had the crime scene described to me on the phone by my parents and it was pretty bad. As far as I was concerned, they could play their games if they want, but Im not giving up any information until I get out to survey the damage, make sure I get everything back, and put everything back into pre-ransack condition. That could be any time soon, or they could deny me bail forever, in which case I wont get home until the end of my sentence. Its fine with me if they want to be that way. I dont mind giving the most-likely suspects an extended vacation before theyre brought to justice. Its no skin off my back. And I dont want to hear any sniveling that Im the one responsible for the lengthened time frame between commission of crime and arrest. You just follow the blood trail back to where it begins. If the feds really wanted to do everything possible to round them up quickly, they knew darn well how to act properly toward me and my property. They knew my personality traits. They knew my hot button. They knew I had a track record for returning liabilities back upon those who violate me. Although they didnt know I had my feet firmly planted in the ground with a good solid OATH backing me up, these other things were well publicized. I was a life-long subscriber to the what goes around comes around theory and they damn well knew it! They coulda had em on day one. But no. They had another agenda to follow, and that was violating me again. These guys may prefer a Mancuso FBI type of image, but Id say it was more like Keystone Kops. Sometimes even Barney Miller comes to mind. How bout Barney Fife? Naw, not that bad. Palacios was not Robert Loggia though! Who? He was the star of Mancuso FBI, and a darn good one at that. (Hey, how bout an Americas Dumbest Law Enforcement TV show as a counterpart to Foxs Americas Dumbest Criminals? Ya think societys ready for it? If we can get more victims snitching them off like I am here so everyone sees how prevalent all this crap is it just might sell. How bout it Fox?) And I dont mean to slight Gleysteen either. He was a co-conspirator in all this mess. Like Ive said before and youre sure to hear again (because I firmly believe it) I didnt lose a house in a fire. Im worried about what I lost in this mess. I believe in turn about as fair play. If I gotta wait, then they can too. Well just all wait together. And wait we did. Oh well! (Or as they sometimes say shit happens.) This is one of those examples of how the judicial system has various ways of leaving victims in its wake. I get victimized first, and then the arson victims, who theyre suppose to be helping, get victimized a second time on account of the wait. I guess the Waco and Ruby Ridge fiascos werent the only major screw ups the feds committed they were just more publicized. Oops! And for you get tough on the defendants people out there I have just one question for you all. This is your government at work folks. Are you proud of it?
At one point, I considered bringing it out that I knew the likely identity of the real arsonists and that I would be willing to give more information once I put my personal possessions back in proper order. Holding something back to bargain with is not without precedent on my part. Youll recall, part way through my second counterfeiting sentence in the fall of 1982 I anonymously notified the Secret Service that I knew the location of a large sum of good quality counterfeit money. Before this time, they had no idea I was holding out. Well you know the rest if you read Chapter 8 they conned me out of it.
I thought of that old saying once again, fool me once shame on you; fool me twice, shame on me. They fooled me once, I wasnt going to fall for it again. I did plan to quietly let it be known that I knew the likely arsonists identities and let them come to me for more but no one ever did. Its as if because the case was over and closed no one cared at all. Here it was, one of the biggest news stories of the decade, various news organizations wanting my story soon after my arrest and now that its over, lets just sweep it under the rug and forget it. I wonder if the real fire victims think that way? I dont think so!
On January 28th the FBI released the remainder of what they had taken from our house during the raid. My father picked everything up from the West Los Angeles FBI office and later that night read from a list of everything returned. Now as it turns out, the FBI & ATF didnt repeat the same mistakes the Secret Service committed years earlier by refusing to return some of the things they took. But I still wasnt ready to give up any information though because I still hadnt personally inspected everything or put it all back in pre-vandalism condition. The thing I wasnt ready for though was being ripped off by my own family members watching after the house after both my parents passed away. If I would have been out on bail, as I should have been, I could have hired somebody reputable to look after my affairs during my absence but I wasnt able to. Resolving those particular thefts, which include some irreplaceable family mementos, are one thing I still have to deal with before I end my self-imposed silence. Those thefts are covered in Chapter 20.
It was particularly anger provoking to be denied bail by U.S. District Judge Harry L. Hupp and Assistant United States Attorney Gregory W. Jessner who knew my mother was dying of cancer and that this would be, and in fact was, the last Christmas we could have spent together. Nor was I allowed to attend her funeral on January 3, 1994 despite a court order I be taken to it. (She died on December 29th. I got the news directly from my father during one of my regular telephone conversations home. At least I didnt have to hear it from cold-hearted prison staff.) A private viewing at the funeral home was better than nothing, but it still wasnt the funeral service with family around. And then, to pile anger upon anger, I was again denied bail after she died so I couldnt even be with my father for his last days on Earth, while confined to a hospital bed, even though I had pled guilty to all the counts Jessner wanted me to and accepted responsibility for my benign letter writing campaign. As a result, he died among strangers the staff at the hospital. (My dads two sisters who come out from Nebraska were with him earlier in the afternoon but not when the time had come.) And then, to anger me further, I couldnt even go to his funeral on February 17, 1994; despite another court order to take me the U.S. Marshals saying, we did it once, were not doing it again. These are things I will never forget nor forgive; even if all other past wrongs are made up, as they should be, and all perpetrators were to apologize, as they should do. This one though cant be made up.
Title 18 United States Code § 3142 outlines how judges are to conduct hearings to determine if a defendant can be let out on bail. One sticking point against me was that my crime was classified as a crime of violence. At the time I found that very surprising. I never touched anybody; how could I have committed violence? My definition of violence is more as the real world sees it. Somebody has to actually be injured in order for it to be considered a violent crime. The State of California distinguishes violent felonies from serious felonies from other felonies that are not violent or serious. And their list of violent felonies contain only truly violent acts in all cases but one that Im aware of. (Penal Code § 288 child molesting involving a child under 14-years-old is in that violent category even though the statute includes the little talked about or acknowledged acts where a younger person is a willing participant who initiated the interaction. If that 13-year-old lover enticed 35-year-old Mary Kay Letourneau into bed here in California and they had a baby together, as was apparently their arranged plan, she would still be guilty of a violent felony even though they both termed themselves as soul mates and the relationship as a natural romantic love in which they walked together in the same rhythm. If 288 PC had various degrees to it similar to murders 1st, 2nd, and manslaughter this particular form of interaction could surely be taken out of the violent category and placed back into the garden-variety non-violent felony where it belongs.)
The feds are different. Section 3156 of Title 18 defines a crime of violence. The part that pertained to me included these words, an offense that has an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another. Merely threatening somebody or even their property with harm, even when there is no intent to carry out the threat, is violence in the eyes of the feds and is one valid reason to deny a person bail. My first thought was, well the cops who beat Rodney King got out on bail without anybody objecting and they did actual real violence that led to serious injuries. And as I already mentioned, even serial arsonist John Orr, who actually did commit arsons, got out on a very closely supervised bail. (If I remember news stories correctly, he wore a transmitter ankle bracelet.) Naive me still figured bail would be no problem. After all, even though I had a lengthy criminal record (none of it containing violence, other than minor non-intentional injuries to a few people back in 86), my excellent performance while out on bail all those times, along with my making all court appearances on time would surely go in my favor. In fact, thats even one of the things theyre suppose to take into account. But no, Hupp and Jessner never even considered that. I think the risks to the community are too high in view of the past history, is how Judge Hupp justified his decision to deny me.
Ironically, the very things they pinned my denial on had the exact opposite effect of what they were trying to accomplish and that dulled the pain just a little bit. They were required to consider things that will reasonably assure the safety of any other person and the community. Now I may be wrong here, but I would say that showing the Maginnis No Justice No Peace! letter around (which I got from the government as part of the Discovery), with his home address prominently displayed within its pages, and ranting angrily about his misbehavior to anybody who would listen could have put him into more danger from released irate inmates that had been screwed over by an attorney they didnt know where he or she lived than having me at home in a content, and silent, state caring for my ill mother while we spent our final Christmas together. After all, look what speaking out against him to just Snake and his minions almost led to. Of course, Hupp and Jessner werent aware of these items at the time so they couldnt be held culpable for that.
And as far as safety of the community? Wouldnt the community have been safer with the real arsonists behind bars, where its possible they could have been if I wasnt in a self-imposed silence, which I wouldnt have been in if I could have saw to it that my property was put back in pre-vandalism condition, as I could have done if Id have been out on bail as I should have been? Whew that was a long sentence. But, of course, Hupp and Jessner didnt know all that either. Oh well; thats the way the cookie crumbles I guess when priorities are placed upon the wrong things, as seems to happen way too many times. Maybe next time they wont trade off a long-term ideal for a short-term advantage. When theyre commanded to take into account the characteristics of the person while making such an important decision like bail, shouldnt they think of the possible liabilities back to themselves and society when one of those characteristics is a well-known desire to achieve the exact opposite of what the judicial system is trying to accomplish? When will they learn to listen to my admonishments? PEOPLE! Keep your priorities on the right things! (Namely, thoughtful and fair consideration for both sides.) When they are were all benefited you as well as me! (And I have a mountain of documentation to back that up!) Do you like my little wavy effects with words here? Dont mind me Im just feeling a little extra giddy about venting this stuff out. Its about time it gets told. Its taken a long time. Fess up to it, you caused the same condition (danger to society) youre suppose to be eliminating or preventing by not letting me out on bail and in return, letting the arsonists remain free. Would you like a Kleenex to snivel?
And dont you dare try to say I had an obligation to tell the feds or even that I lied to them. First off, I had a right to remain silent. You know about that; Miranda rights they call it. I was read them and signed that I understood them at 11:35 a.m. Pacific Standard Time on November 7, 1993. I waived them and agreed to answer their questions and I was truthful as best as I can remember. Now I know I was denying being Fedbuster in the beginning; but in reality my words were, thats not my writing on the letters; and it wasnt. None of it is. On the letters, nor on the envelopes. As far as the fires, I denied being involved, and thats true. They never asked if I knew who set them or even if I had any suspicions who might have. They were too busy being in their ruse mode to think through where their priorities should have been. So, I was well within my rights legally to keep my mouth shut, plus I didnt lie. Legally, it wouldnt have been illegal to lie though, because I wasnt under oath. But I didnt need to lie when they failed to ask the right questions. Besides, they dare not have a right to complain if I am not as forthright with helpful talk or actions when they themselves were rather unforthrightful on that day; both in actions and words. (Their Discovery admits to using a ruse while questioning me and dont forget they lied about the color of my van in order to obtain a search warrant too.) Ive often been heard saying, If they choose to play by less than the rules of the road [first], then they dare not have a right to complain if I respond in a like fashion. Turn about is fair play? Yup; it works for me! : - ) Maybe they thought they could have it both ways expect me to be forthright when they themselves were unforthrightful. Well theyre dead wrong on that. That shit dont play with me. Ya want honesty? Ya gotta give it first! Capish?
Let me take this opportunity right now to handle one little C Y A chore. (Pause for the transition.)........................ There now that Im within my C Y A mode we can continue. During one of our VOCAL meetings several inmates with a bit more legal smarts than I admonished me that it may be illegal to withhold the information I have on Snake and the fellas. While aiding and abetting someone to commit a crime is illegal, I do not fit in that category because I did nothing to help them start the fires. Heck, I never even spoke favorably about doing such a thing like I often do when talking about non-violent revenge. And Im not hiding them from justice either. Theyre not in my house being hidden. Theyre totally out on their own somewhere. So then, we come to the question is it illegal to not inform on them? Can that be considered hiding them or aiding their escape from justice? Is a person required by law to tell when somebody else commits a crime? Health-care workers are required to report suspected child abuse; but is the average citizen? But what about, as in this case, where authorities Mirandize me and then fail to ask about other participants despite seeing many different handwritings on the letters? Hmmm. (The FBIs own laboratory in Washington D.C. even confirmed that in a report issued four days earlier which said, It was concluded that the FEDBUSTER letter and the NIGHTCRAWLER letter were prepared by different writers. And surely they knew that none of the writing was mine because Secret Service Agent Davidson took handwriting exemplars from me way back on September 27, 1977. I know that date because Ive got a copy of the samples signed by both of us. [See Appendix III. Actually Appendix IV; it got bumped down one notch when another final fly in the ointment got shuffled into the mix at the last moment before publication. Sorry bout that.]) And what about someone who does not even know for sure whether they committed a crime? If you only suspect someone of doing the dirty deed, is there a legal requirement to tell someone? Hmmm again. And what if that suspicion is strong? As stated in the disclaimer at the beginning of this book, my specific intent is to be law abiding for the remainder of my life. With that in mind, Im compelled to make the following statement. Snake and the fellas are fictional characters. Any resemblance to actual persons living or dead is purely coincidental. There. Does that satisfy the legalese among you? Now I dont want to hear anybody sniveling that Im breaking the law by holding back vital information on a major crime. If you want to bitch, just hold the above statement directly in front of your face until you stop your bellyachin. Now lets get back to our story. (Pause for the transition back to normal mode.)........................ Those wishing to believe the above scenario need to know that nothing else at all is fictional in this book. Every person mentioned is real, and so are the actions they did. And most times there is documented proof of those actions too. Wanta see it?
After I pled guilty to all 6 counts Jessner wanted me to plead to the Fedbuster threats, 18 U.S.C. § 844(e) on January 10, 1994 we tried to get bail again so I could be out to help my dad after my mothers death less than two weeks earlier. The U. S. Sentencing Guidelines, which define the rules that will be followed in order to sentence me, defines crime of violence a little more leniently. The part that pertained to me is defined in § 4B1.2 and includes these words, has as an element the use, attempted use, or threatened use of physical force against the person of another. Notice the words, or property, are not there. My counts of conviction, as defined in the indictment and § 844(e), threaten property only and not persons. With the letters threatening peoples lives not a part of the counts I stand convicted of, I am not guilty of a crime of violence and that sounds cool. It shouldnt have been to begin with if you use real-world definitions of violence which is how Congress should have structured the law from day one. Hopefully bail would be no problem now. Ah, but luck was not with me; and in return, not with the government either who was sentenced to suffer a longer self-imposed silence. For sentencing purposes, where the Guidelines set the rules, I was not guilty of a crime of violence. But for bail setting purposes, 18 U.S.C § 3156 still defines crime of violence and in there the words or property stuck it to me. Im still guilty of a crime of violence as far as using that factor to deny me bail.
Part of Judge Hupps official reason for denial was, I think the risks to the community are too high. If he believed that me in and the arsonists out is safer for the community than me out and them in, Ive got a piece of ocean-front property in Arizona to sell him. Thats a joke folks. Im not selling any land right now. Seriously though, in his favor he wasnt aware of my secrets. I thought once again of placing an offer on the table i.e. bail and return of my seized property for the arsonists but after Assistant U.S. Attorney Curtis B. Rappe and Secret Service Special Agent James D. Davidson threatened me out of my legally purchased printing press and unused paper they knew I was hiding back in 78 and the Secret Service conned me out of my buried counterfeit money in 1983, I wasnt going to fall for such shenanigans again. Being a victim of middle-level bureaucrats run amuck still gnaws at my innards. If I was going to expose my knowledge, it was going to be on my timetable and on my terms. And if they didnt like? So? I dont give a flying fuck whether they like it or not. Im not here to please them.
Another anger provoking thing bubbled to the surface months after I was sentenced and bail was long a dead issue. Malcolm Xs daughter, Qubilah Shabazz, was arrested for trying to hire a hit man to kill Louis Farrakhan, who was an enemy of her father. She apparently thought he had something to do with her fathers death and wanted to avenge it. Even though her crime easily fit within the crime of violence statute, she be released on an unsecured bond. And I couldnt get bail at any cost. Boy, was I glad I was in a self-imposed silence.
One thing Ive learned in all my years of involvement with the judicial system is that if they want to grant you something they will interpret their rules in whatever way necessary in order to help you. But if they want to deny you, you can damn well bet theyll be interpreted in such a way with all the legalese words to fully justify why you got nothing coming. They easily could have gotten around that crime of violence definition if they wanted to. They did it with the Rodney King cops and theirs was a crime of violence for both bail and sentencing purposes. Oh well, I can accept that as long as I know that two can play that game too. I had an ace in the hole that I knew they wanted, if only they knew I had it. And that little bit made my time just a tad bit easier. Enough of the bail issue. Its time to move on to the next hurdle.
I had a court order to be taken to my fathers funeral, but even with that the marshals were balking. They brought me over to the marshals lockup at the federal courthouse with the other inmates going to court that day as it seemed I would be going out with some privately hired off duty law-enforcement personnel. But a combination of problems, beginning with the marshals now wanting more people to escort me, led to me missing the 11 a.m. service. When they backed out at the last minute my attorney got ahold of Judge Hupp, who was attending an out of town conference, and did get everything straightened out, but by then it was too late. It was then just a matter of catching the early van back to MDC-LA after lunch and forgetting it. Only now those dirty bastards wouldnt take me back on the early van because they said that, youre still scheduled to go out. But I already missed the service, I told that bitch (female marshal), theres nothing to go out to now. Sorry, youre still scheduled to go out, was her wise-ass response. And there I stayed, for the last van back. I was royally pissed. First they back out on a court order. Then when they know I had missed it they still made me stay there as if I was still going to go to it. I had to wait about six more hours on nothing but heard seats while everyone else finished with their court appearances. Those dirty sons-of-bitches got nothing coming from me ever. I became so enraged after that and my verbal speech reflected it to everyone within earshot; inmates and staff alike. I yelled to them at the time that if I just happened to be the lone witness to a vicious attack or murder of a marshal or a marshals family member and was the only person in the entire world whose statement to police and/or testimony in court could bring the perpetrator to justice Id remain silent and wouldnt even think of lending a finger to help do so in any way. And as my anger level has grown over the years, Ive expanded that proclamation out to include any and all law-enforcement personnel; even minor staff members working in the law-enforcement field such as secretaries and janitors. If you clean up after law-enforcement people or type up their dictation ya got nothin comin from me EVER! For the rest of my entire life, if I just happen out of coincidence to witness such a crime upon such a person or one of their family members, if Ive got any say in it; the perpetrators going free and I hope you dont like it. And what if I am one of maybe two others who could positively ID the culprit you may ask? Im glad you did. Lets assume the others would correctly ID the suspect. Would I go as far as perjure myself by saying the attacker is definitely not the guilty party? Such testimony, Im sure youre aware, could then give the jury a reasonable doubt and result in an acquittal. Ill decline to answer that question right now because to answer in the affirmative could be breaking the law. I will add though, that you do owe me a free perjury pass i.e. no prosecution if I do commit a perjury. After all, you wouldnt prosecute Mrs. Reeves for the perjury she committed against me back in 85 which left me a victim so you owe me one a free pass. Well just leave it at that. And how about Gleysteen? If he perjured himself, as I allege he did, dont I have two free perjury passes coming? Now I know this scenario is highly, highly unlikely ever to happen. But it does emphasize how awfully, awfully high my anger level is. They took something from me that I could never get back something that meant more to me than anyone could ever imagine. So much so, that it left a gaping hole in my heart that will never heal. That has to be impressed upon them in the strongest of terms. Theres no forgiving them for what they did. Unlike Maginnis and other violators, their misdeed cant be made up with money or in some other way. There is no way, short of a time warp back in time to that rainy February day in 1994, that it could ever be made up. I just wish I could repay them in a comparable fashion like for starters, keeping the actual guilty marshal who was responsible for screwing me out of attending the funeral from attending a funeral of one of his or her dear loved ones. Give him or her a taste of his or her own damn medicine. Thats whats deserved!
Besides, if you had me testifying against someone else I can damn well bet that the prosecutor wouldnt impeach my credibility like Rappe did when I was testifying in my behalf and he used my sex offense against me. As far as Im concerned, they cant have it both ways. Theyre not going to be flip-flopping my word back and forth to suit their purposes. So thats just another reason theyd have nothin comin from me!
(And for the communities of Manhattan Beach and Torrance, theyre even deeper in the dog house. If I become aware of any crime happening there be it major or minor to even a private citizen, and am the only one who could help bring the guilty culprits to justice, they have nothing coming from me either. Not only did they violate me a second time, as outlined on earlier pages, but these two communities partook in the vandalism of my house on the day of my arrest a third strike. Private citizens down there be on guard. Having me as a witness is tantamount to having no witness.)
I think you need to know further about my relationship with my parents to fully understand my anger level here. I was their only child and never lived apart from them, except for the times when I was in prison. They never deserted me during my travails throughout life; whether it was when they found out that I was gay or during encounter upon encounter with the judicial system. They were always there to help me. Also, its widely known that I am a loner with no close friends. In fact, I havent had any real friends for years. Oh, of course, Im friendly with club members at the various astronomy, Audubon, and computer clubs I attend but as far as real friends; not one. No one I associate with outside of club meetings. The only real friend Ive had in life, as I mentioned before, was Mr. Truxton, the founder of the astronomy club which I attended beginning as a teenager and on through my mid-twenties. He died in the arson-set fire in Malibu in October 1978 when I was at the Federal Correctional Institution (FCI) at Terminal Island. Staff wouldnt let me go to his funeral because he wasnt a family member. Even when I explained to them that he was closer to me than all of my aunts and uncles it made no difference. Even having a staff member offering to escort me to his service was no help. I was left with the belief that if he was a family member there would have been no problem at all going. Now, when the only other people Ive been close to in the entire world die and are family members I couldnt get the judicial system to take me. The stickler here was the jurisdiction I was in. Bureau of Prisons staff members, those that had me in custody back in 78, said that if I was under their control it would be no problem. But because I was still unsentenced, I was in the custody of the U.S. Marshals and theyre the ones who were balking on taking me. So basically, Im like a political prisoner of one arm of the judicial system that refuses to take me even though the other would with no problem.
The marshals are on my shit list and every law-enforcement person including secretaries and janitors will pay for their sins for as long as I live; no ifs, no ands, and no butts about it! And if anyone wants to snivel about it, well just remember that this anger comes from much deeper within the core of my being than any other anger I have over unfair judicial-system practices, so you just march your god damn ass right on back to that particular marshal who decided to disobey a court order. Now my attitude may be cold here, but that marshal should have realized there would be some kind of liabilities for his or her decision to cheat me. So wherever my travels of life take me, you aint got nuthin comin from me! Period.
In my rage that day after being told that lame excuse as to why I couldnt go back on the early van I also yelled out in a waving scolding-finger tone, Im the only one in the entire world who can solve your god damn arson cases and Im not talking till I see my parents graves. So chew on that awhile! The way my angry attitude saw it at the time (and still does), if I had to wait until I get released from prison to see their graves, then theyre going to have to wait to get something from me. Im a firm believer in turn about is fair play, and this is one of the best examples to put that adage into practice that Ive ever had in my entire life. And as you know, we waited. I dressed up in the suit my father bought me a few years earlier the one he commented on how he wanted me to look good at his funeral after I had mentioned that I already had a suit and didnt need a new one and visited their graves on October 4, 1996, the day after I got out of prison.
That statement I blurted out in a fit of anger was not only the first time I ever led on that I knew who the arsonists were, but it was also not totally true. I dont absolutely know theyre guilty. I believe they are but I never saw them after August 28th, the day I mailed the letters, and they never told me they were going to do it. (Their fire speech was limited to wanting to burn Maginnis out.) Since my declarations to the marshals that day Ive remained truthful in the statements I make. I know the identity of those who I believe set the fires and thats what Ive said to prison staff members and inmates since then.
I often refer to the arsonists in a context as if I know for sure they did it or that Im the only one that could bring them to justice. While my words on the topic often could lead one to that conclusion, I dont have absolute proof they were involved because I wasnt there and they never told me they were going to set such firestorms. While burning Maginnis out was mentioned, killing him was more fervently discussed and that wasnt committed. Readers need to understand that when I talk about bringing the arsonists to justice, Im meaning bringing those who I feel are the most likely culprits, those I believe could be guilty; not that are in fact guilty. I cant bring the arsonist-hunting battleship all the way into the harbor, I can only plug in some excellent coordinates. The judicial system will have to delve into their activities back in the time frame in question in order to make a beyond a reasonable doubt determination. Now I know that could be harder to do with the passage of time (they may no longer have the incriminating things they surely had in their possession back then), but who do they have to blame that so much time has passed? (As simple an act as keeping their grubby little fingers off of my personal property could have negated this whole dialog. Thanks to that one incident, the real arsonists quite likely rode off into the sunset, never to be heard from again unless, of course, we can round them up now.) While I can have that reasonable doubt suspicion settled in my own mind, as I clearly indicate, my mere feelings that they are guilty are not sufficient for a jury to convict. Heck, look no further than O.J. Simpson. Many of us feel he was guilty; but according to the law, he aint. Have I clarified that or are you more confused? Just make sure you dont interpret my words pertaining to the arsonists as if to imply I have the absolute proverbial smoking gun. Theres plenty of residue indicating that it was freshly fired mind you its just not smoking; not too much anyway. A puff here, a puff there. Everywhere a puff puff. Alright already; Ill forget the jokes. Im just feeling so extra proud of myself how I turned a great deal of disadvantage directed toward me back upon you all, and didnt even have to break the law to accomplish it. You know, one of those opposites of what theyre trying to accomplish deals. Oh, I just love it when a plan comes together. : - )
In a memo dated November 27, 1995 given to Mr. David L. Wisehart, my Unit Manager at FCI Phoenix, but addressed To: Any interested BOP [Bureau of Prisons] staff member I said, Its a little bit satisfying that because of FBI-ATF deceit & misconduct (things they knew I was touchy about) I shut down & to this day they dont know who it is that I believe started all the fires nor will they till they read it in my book. They were so determined to get me as much time as possible now its coming back to bite them as they have to wait to find out the real guilty culprits. The thing is, the longer that wait is the less likely the culprits will be where they were when I knew them but thats what they get for screwing me over as itemized in my support documents
.
My blared out remark to the marshals was also not planned. They say you cant unring the bell once its been rung, and thats certainly true here. For fear theyd pull a Rappe/Davidson threat on me, I didnt want this knowledge known until after my sentencing date. It was in this very same marshals lockup back in 78 where Rappe and Davidson, in cahoots with my own defense attorney, Michael Sobel, approached me in a threatening tone and insinuated that if I dont give them my printing press and 51 reams of new and unused paper, which I was hiding, that Id get more time when I go for sentencing. Youll recall, Judge Hauk had just convicted me of passing counterfeit currency and raised my bail pending sentencing. After I was taken from the courtroom, Rappe spoke up to Hauk asking him to order that I give them my press and paper. Hauk made it as a condition of getting out on the higher bail that I do so. Even though Hauk told Rappe that he would have to bring the formal forfeiture proceedings forward, Rappe has refused to do so to this day.
If they knew that I was holding back, they could hold it over my head and threaten me with a higher sentence if I didnt talk. Remembering their past shenanigans back then, I knew all too well that theyre not above such atrocious tactics. Even though the U.S. Sentencing Guidelines that are now in effect limits the range of sentence a person can legally receive from the judge more than they did back in 78, they can still fiddle with them enough to screw a person over if they want to. I didnt want that to happen. I wanted to be the one on top of this mess, the one holding at least some of the cards. Now that my secret was known, I expected Jessner to show up any minute and make a similar Rappe/Davidson threat. I had three choices: I could tell him the whole truth; I could refuse to talk at all; or I could make him think that what Im telling him is the truth and that Im cooperating when in fact Id be giving him bogus names and places to lead them astray. Knowing my anger level and how Im so against helping them, plus how I want to cover my ass, it doesnt take a rocket scientist to see that my most favorable choice would be to pick door number three. Well, as it turned out, Jessner never did squeeze me for information. Fortunately, the marshals never picked up on it even though another one within earshot just looked at me in this dumb-founded look of sort of surprise and lack of care and my bellowed words died right there. Inmates are always yelling angry and disparaging words at jailers so they probably dont even listen. Lucky me, I guess. The marshals even took out the floor to ceiling wire mesh partition separating us and them they had the last time I was in their custody, and installed one with thick glass so we could still be seen, but now heard less.
By the day of the funeral I had already firmly decided that I would remain in a self-imposed-silent state until I get a chance to survey the damage the thieving vandals made at home, plus I wanted to make sure I got all my property back. Just because my father picked up the last of what they claimed they still had didnt mean anything. I needed to check everything first. I wasnt going to be suckered or made a patsy again à la Secret Service 1980 style. Even telling them years ago that Id teach people how to counterfeit money until I got it all back has done nothing to prompt them to make it right. Nor has telling them that until they return the stolen items Im going to listen in on law-enforcement radio frequencies so I could tip people off that are under surveillance to ruin cases that are being investigated. Even as we speak; Im still waiting for them to come through and theyve made absolutely no stink at all about my ongoing activities to avenge their thefts. Although its been awhile since Ive done such things outside of custody; Im sure the feelings are still there and could easily resurface at a moments notice. Maybe they think their changes to our money will make it too hard to counterfeit. While they pose more difficulties, those piddly-ass changes are mostly a big joke especially when passed to dummer-looking people who dont look that close. If they were really serious about stopping counterfeiting theyd make our money like some countries do with a lot of colors all blending together. Heres a hint. Follow what our friends to the north in Canada are doing with their money. Now thats virtually counterfeit proof.
So basically, being I was already being silent on account of the property thefts, by proclaiming that I was going to remain silent until I get to see my parents graves even if that wouldnt be until after release from prison 3 or so years down the line added no further disadvantage to their position. I already knew Id have to wait for release in order to survey my property and I completely accepted that bail was now a dead issue. As far as I saw it, we can all wait together. And thats as it should be. They have to be taught that there are consequences for their misbehavior. It was no skin off my back and it was sort of personally satisfying knowing that them trying to give me as much time as possible was actually giving them a greater disadvantage in the long run i.e., that the real arsonists, the ones that should be getting time as soon as possible, were in fact enjoying a l o n g e r breath of freedom. It was like doing one of those opposites of what theyre trying to accomplish that Ive always enjoyed so much coming back at them full strength with. And in this case, I didnt even have to do a damn thing to achieve it I just had to sit back with my big yap slammed shut in silence and do my time until it was my turn. Like Ive been heard saying so many times before, it didnt matter to me if the arsonists were brought to justice in a timely manner; or if ever. Theyre your arsonists, not mine! I didnt lose a house in a fire. Im narcissistic! Im worried about what I lost in this mess. Now that may be cold-hearted to say, but look at it this way folks! No one cared about my property; or even my personal safety while I was in custody. So why should I care about anybody elses? (Besides, the fellas treated me O.K. and thats a lot more than the feds, or anybody else with the judicial system, ever did!) If you ask whether this is one of those laughs last, laughs best scenarios, Ill admit it brought a chuckle to my belly. By screwing me they were screwing themselves (and society), and that made the extra aggravation I was suffering a little bit more palatable. : - )
Although Ive visited the cemetery, confirmed that everything taken by law-enforcement was returned (minus a few not-to-important items), and put all my property and the house in general back in pre-vandalism condition, theyre not out of the woods yet not by a long shot. Other things have crept in to prompt me to keep my mouth shut and they are listed later on in Chapter 20.
I dont know of any money that could make up the denial of bail simply because of the extreme media publicity and resultant embarrassment despite the fact they knew I was not an arsonist. Or for that matter, I dont know what amount of money could make up the lies they uttered in order to get their search warrant so they could commit their vandalism. More than one inmate I related the Snake story to, who also suffered their own set of victimization by the judicial system, indicated how they could look back with satisfaction if they worked up enough courage to cause a lot of destruction and vent a lot of anger in a similar such way. They said that even though theyre not normally like that, extreme victimization over and over again tends to bring out the worst in people. Chilling statements, but it just goes to show how badly we are taking what they do to us. The Oklahoma City bombing was one example of revenge. Theres a lot more less serious examples. But on all of them the blood trails leads right on back to improper activities of judicial-system personnel.
As weeks progressed I saw Jessner was going after the maximum sentence possible within the U.S. Sentencing Guidelines. One major ground we lost on was grouping. According to the Guidelines, when there is no clearly identified victim you take society as the whole as the victim and group the counts of conviction. Guideline rules instruct judges to consider only the primary victim, rather than a secondary victim. My 6 counts of conviction involved the letters that were sent to fire stations which werent even in the brush fire-prone areas I was threatening. We felt that each recipient of the letter was not the primary victim because the threat was not directed to them. And we had other case law to back up our reasoning.
If a person sends a threatening letter to the President of the United States it is someone else who opens the letter and reads it. Yet the one who sent it is punished with an enhancement for threatening a public official. In other words, the court looks at the content of the letter, who it is threatening, not merely the subordinate who opens it and reads it first. That same reasoning should have been followed here. The person who opened it was not being threatened, nor was his fire station. The threats were directed to brush fire-prone areas and those particular fire stations were not in brush fire-prone areas (although one was close). In the end I did about 11 months longer than I should have done if they would have been grouped properly. I chalk this one up to fiddling with the way Congress intended the Guidelines to be interpreted. Judge Hupp felt each recipient was a primary victim of the threat and sentenced me accordingly. We did appeal but lost there too.
While the above thing was just a difference of opinion regarding how the Guidelines should be interpreted, Jessner saw to it this sentencing did not go without its share of misconduct. In Rappe-like misleading fashion, both in his Position papers filed with the court shortly before I was sentenced and verbally to Judge Hupp at my sentencing hearing, Jessner tried to leave Judge Hupp, and the news media present, with the false impression that I had 4 child molesting convictions on my record when in fact I had only one. My 1971 felony conviction contained 2 counts of Penal Code 288 that were consolidated in Superior Court for guilty pleas and sentencing. According to U.S. v. Smith 991 F.2d 1468 (9th Cir. 1993) at page 1473 we find, all prosecutions combined for trial or sentencing [count] as a single conviction. A single conviction Jessner not 2. Smith further clarifies that even separate cases with different case numbers, like mine had, are related where the defendant was sentenced in one proceeding by the same court, as I was. And my other convictions were for merely soliciting a sex act of a minor one happening when I was a 16-year-old juvenile myself. Although the misdemeanor vagrancy statute contains the words annoy or molesting child under 18 it is misleading to put a conviction for this statute (647a PC, later renumbered to 647.6 PC) into the same category as the actual completed act of child molesting felony statute of 288 of the Penal Code. Technically, I have 3 convictions for child molesting not 4 but 2 of those are misdemeanor soliciting only! To claim even 3 without clarifying the true nature of 2 of them is improperly misleading and worthy of correction. Absent putting them in the proper context, its clearly deceit flat out and should not go unchecked. If I would have lied or provided false information to the Court Jessner would have accused me of obstruction of justice real quick. So I should be able to accuse him of the same thing without any problem right? (He was sent a 3-page letter on April 24, 1998 and asked to respond to my allegations here but chose not to.)
Besides the Court hearing the lies, the ubiquitous news media picked up on it too and really played it up. They reported over and over my multiple sex offense convictions. I blame Jessner for that. Hes the one who had his bureaucratic paws in it up to his elbows. When I expressed concerns for my safety if I go to prison he had the nerve to write, Because the instant offense does not involve child molesting, there is no reason that other inmates or guards should learn of his pedophilia. Whats he going to say next that inmates dont watch TV, listen to radio, or read newspapers? Well what he wrote was that I, should have a comparatively easy time managing in prison. Well I beg to differ with you, Greg ol buddy, but USP Lompoc 94 would prove otherwise. Maybe you could get your bureaucratic paws involved in that and help bring my attackers to justice. It would sure help redeem you a bit, not to mention clearing up one of the hurdles keeping you apart from Snake and the fellas. You do want them dont you? I once got punished with extra time when I lied to Judge Hauk back in 1978. Jessner should also be held culpable and punished for lying and deceiving Judge Hupp. And an apology goes without saying, ya know I got that coming.
And on top of that, Jessner made it clear to the court that I was continuing to engage in child molesting activities right up to the time of my arrest. Yet he knows this is another lie. One of the things agents seized from my bedroom was my diary which covers my sexual escapades with other men. I talked about this earlier how the Secret Service found it in 1980 during their search. Much like Senator Bob Packwood does, I wrote down pleasurable experiences Ive had in bed with sexual partners. While I often covered how good the sex was and the various things we did, nothing was as kinky as what sportscaster Marv Alpert would have included in his diary if he were to write one. Just traditional good ol gay sex. But I did include the ages of the men I made love to and all were 18-years-old or older although not much older. The feds search warrant this time included language to authorize a search for any documents concerning pedophilia so Im sure they read my diary to see if anyone under 18 was mentioned. (It is mentioned in the Discovery by the way.)
In his Position papers, Jessner was quick to point out such things as how I kept a file on Judge Hauk (newspaper articles detailing his uncommon courtroom demeanor and anti-gay remarks over the years), how agents recovered blank identification documents in the house (birth certificates, social security cards, and high school graduation diplomas which they initialed and later returned; probably by mistake), and how I am an expert counterfeiter
adept at disguising [my] handwriting, as a cursory review of [my] writings illustrates. First off, I dont think printing money on Cranes Crest 20 lb. White Wove 100% cotton paper using a Multi 1250 offset press, aluminum plates presensitized to light, and Kodak Kodalith ortho type 3 Estar thick base film, items easily purchases by anyone at graphics arts and paper supply stores, classifies me as an expert. I would reserve that designation for one who has mastered the art of intaglio (engraved) printing; the method used to print genuine currency. And second, in his cursory review, Jessner may have thought all those different handwritings on the letters and envelopes were mine; but if he would have just read the FBIs own findings from their laboratory in Washington D.C. dated November 3, 1993 (quoted earlier) he would have known they arent. But did he know? And if so, was it an accidental omission or a purposeful deceit? Hmmm. (Well we wont know because he refuses to answer my inquiry.) (Its also interesting to note that Bakersfield Detective Ott, in speaking about the various letters claiming responsibility for vandalisms of cars up and down the state, was equally flawed in his analysis of that group of letters. He stated in his report, upon reviewing all of the letters they appeared to be written by the same person. Surely even you lay people out there can see those are all different handwritings.) Jessner also wrote, Doctor [Benjamin] Hulkowers [one of the psychs who examined me before sentencing] apparent contention that anger at defendants former defense attorney [Maginnis] was the primary cause of defendants crimes is surely wrong. Defendant did not even mention his attorney in the Fedbuster and Nightcrawler letters. That just shows how little Jessner really knew about me and this whole mess.
What is known is that he conveniently left out them finding and reading my diary because I could use that to prove my lovers were all of legal age and he didnt want anything to dissuade him from his point of view that I was an active child molester. Just because my van has curtains over the vans windows, and in the back [there] was a pristine white mattress does not mean it was outfitted for child molesting. Such talk like this went on and on, sentence after sentence placing emphasis upon angry emphasis that I was actively involved with child molesting and had been doing so continuously for a number of years. As I said before when I addressed this issue with the Secret Services crap, yes, I have sex in my van and previously it was a station wagon with curtains and a bed in the back. S o what. Its with legal-age men, and I dont hide that fact. To this day, even though I live alone and could bring someone home; those I meet in Hollywood or West Hollywood we do it down there in the privacy of my van. Theres no need to drag em on home to make love. (For your information, its registered as a housecar; just like a large motorhome. I dont see anybody sniveling about old retired husbands and wives possibly having sex in their vehicles as they travel our beautiful country. Just try it and youll have the Good Sam Club bitching at ya or maybe the American Association of Retired Persons.) And I did too sleep in the back of [my] van. Interviewed neighbors told news reporters how they saw me put my telescopes in it to take out of town to areas that have darker night sky viewing condition. I usually slept overnight in it after I was up much of the night observing the wonders of the universe. And Jessner knew damn well that it was my adult sexual encounters that initiated this whole mess. Just recall my evening spent with Steven; getting gonorrhea; suspicion of AIDS, etc. etc. You know the rest. And Jessner knew limited pieces of it.
One thing several newspaper articles were quick to connect was the statement in Fedbuster, When they took (stole) my vehicle they screwed with my sex life to, and the supposed child molesting implements the Secret Service made note of in their 1977 report. This connection was apparently to indicate that their taking of my car interfered with my molesting of children. That wasnt it at all. It interfered with my sexual activity with legal-age guys. How you ask? Because without my station wagon, I was limited to using my parents 2-door Oldsmobile Toronado, and we couldnt get all naked in a bed in it to enjoy sex to the max. Thats how it interfered. Had nothing to do with children at all; so get off that crap.
Apparently Jessner didnt want to though. His Position papers mentioned, When defendant was arrested in 1985 [for soliciting 16-year-old Michael Reeves], police searched his van and again found a considerable amount of child molesting paraphernalia, which is detailed in Paragraph 107 of the Presentence [Probation] Report. Now heres the entire contents of Paragraph 107: Police then searched the defendants nearby van. In it, they found pornographic literature, a camera, binoculars, KY Jelly, literature on homosexual affairs, a bed, three Penthouse magazines, four homosexual oriented, sexually explicit magazines, a hand-held flat surface vibrator, a one-eighth empty bottle of Southern Comfort liquor, and an unknown amount of a drug labeled Lidocaine, in injectable form. The defendant therefore was also charged with one count of 4230 BP [Business & Professions Code]: Controlled substance without prescription, a count which was subsequently dismissed in this case. The defendant was ultimately found guilty of three counts of the above-listed 647 (a) PC: Annoying/molesting children. Those magazines all had adult pictures in them and I can prove it, because I still have them. And I have the police report which includes pictures they took of the inside of my van with those same magazines spread out on top of the bed. Anybody want to see em? Surely if there was any child porno found in my van that would be prominently mentioned in Paragraph 107. But it wasnt because there was none there. But did that stop Jessner from stating that I had a considerable amount of child molesting paraphernalia? No! Can you see why I entrenched myself into a self-imposed silence even deeper after reading the lies that poured forth off of his papers?
Jessner should also know that when I was driving around early on the morning of my arrest I was not making an attempt to pick up juveniles for sex and that it is not true to emphasize the place I was as an area known for juvenile male prostitutes. While the area is known for male prostitutes, someone under 18 is uncommon and to emphasize that is deceitful. If I wanted children there are other places one is more likely to find them such as video arcades and playgrounds places I do not go to. As I mentioned earlier, I was looking for Danny that morning who was a part-time adult prostitute. Now I know that Jessners job is to make me look as bad as possible to the court, but it aint right to be dishonest while doing so. Apparently the modern-day snake-oil salesman is alive and well and the poisoned product he was selling was a dishonest version of me. Shame on Jessner in the sternest of ways for stooping to Rappe-like tactics! Rappe come out like a goat in that mess and it cost society a bundle. Does Jessner want his issue? Shouldnt he have learned by Rappes mistakes; which he was very well aware of? Hmmm. And he had the nerve to say, Simply put, defendant is not a truthful person. To that I say; let him who is without sin cast the first stone. John 8:7. Keep all this in mind when we get to Chapter 21 will you please? Just for the record though, Jessners Position papers do contain one statement that is so accurate that no one at all will dispute it ever: Defendant still feels that the government owes him. Do I hear an Amen? How bout dittos? (Only Rush Limbaugh aficionados would understand that reference. Check out KFI AM 640, 9 a.m. to noon if you want to know.)
Just why do they feel so compelled to stoop to these tactics? It seems like we have honest folks on one side with a proper understanding of how truth is acquired and respected, and how it is to be administered. And then on the other side we have judicial abusers wearing honest-appearing attire. These folks believe that the truth is less important than their public image and how it might be enhanced. The worst offenders live by the idea that the truth matters less than the utility of an action in serving a political agenda. Could this be Jessner?
You say people wouldnt sink into the sewer of deceit on account of a political agenda? (If you saw CBSs Public Eye on June 24, 1998 youd know they do.) Imagine for a moment a fictitious Mr. X. Mr. X is an anonymous, faceless little man who, in the outside world, would be of very little consequence to anybodys life. But Mr. X, as a bureaucrat, is suddenly draped with the power of the whole United Stated Government, and people act as if he is a person with the judgment, intelligence, and maturity to be taken seriously. Just food for thought folks. I, for one, have no use for mindless, middle-level bureaucrats who run around without any controls. How bout you? I say, with people like Mr. X, the judicial system is a sleeping dinosaur of an institution that lumbers along more and more out of alignment with the society it thinks it serves. How bout you? Its been said before that our justice system is sometimes like a maze constructed of elaborate and impenetrable barriers to the truth. That definition sure fit in this Fedbuster case. How many other cases have fingerprints of prosecutorial misconduct all over them? Hmmm.
In Revenge one statement I make is, If they make decisions on the basis of whats politically acceptable, rather than whats right, make sure they get some bad press. See to it they get the opposite of what theyre trying to accomplish. Need more be said? Oh, and by the way, heres another one I like, By the way, have you ever broken down the individual parts of the word politics into their separate meanings? Poli meaning many, and tics like the bloodsucking insect. So then we have poli and tics many bloodsuckers. Cool! That works for me.
I am so awfully glad I was in a self-imposed silence at the time and vowed to stay there until I was ready to end it. If there was anything I was going to have power over, that was it. I held the key to the whole thing the whole shit-and-caboodle, and they werent gettin it; not for a damn good deal of time. And I felt good about that. The hell with those arson victims; I was feeling at the time. I know thats cold; but Jessners deceit coldened my heart. Now I know youre not going to find colden in the dictionary; but trust me folks that word fits here. And so does reading these last few sentences aloud in a raised angry voice (while waving a shaking scolding finger at the computer monitor) to simulate my own speech as I read it back to myself during proofreading.
I think for each over-mention meaning each mention of it beyond saying it once of my child-molest history, Snake and his minions should enjoy one extra month of freedom. By that I mean, my self-imposed silence should be extended by one month per each Jessner mention. What do you think? Hmmm! Actually, that thought was on my mind on the morning of June 13, 1994, the day I was sentenced. Knowing how Jessner overly-harped on it in his Position papers filed with the court days earlier, I expected a repeat performance verbally to Judge Hupp when it came time for him to give his spiel. I made it my pet project that day to note each time he committed that offense with the express idea in mind of delaying my speaking out by one month per Jessner mention. I just like that term. Its so fitting. Actually, Rappe violation sounds better; seeing that Jessner merely repeated the same performance that his comrade did so long ago. The legal community has a way of naming things after individuals. We have Miranda rights, Marsden motion, Morrissey Hearing, and Megans Law to name just a few. Whats wrong with a Rappe violation? Hereafter, such an offense will be called Rappe violation, in honor of the first person to commit the misdeed against me anyway. If anyone would like to inform him of his newest honor or voice any criticism, as of January 1998, Curt Rappe was a Superior Court Judge in the downtown Los Angeles Criminal Courts Building at 210 W. Temple St., Los Angeles, CA 90012-3210. (213) 974-5726. And while were giving out addresses here, why dont we get Jessners out among you? As of March 1999 hes still an Assistant U.S. Attorney at 312 N. Spring St., Los Angeles, CA 90012. (213) 894-0511.
After the vandalism arrest (after I got out of federal prison) came to the surface and put everything on hold until April 1998, I decided to withdraw this project. This book gets published as soon after that case is resolved (and bail is returned) as I can include last minute details and get it to print. Just for the record, Jessner committed his namesake violation only two times verbally to Judge Hupp on the day I was sentenced. With no other problems coming to the surface, I fully expected to publish this book three months after my release from confinement; October 3, 1996. (One month was on account of waiting one extra month to attend my first-Wednesday-of-the-month computer user group meeting as explained more fully below.) Too bad other flies got in the ointment. Oh well!
Some people actually, a lot of people have criticized me for holding on to past injustices with the intensity I do. One psychiatrist labeled me and rightly so an injustice collector. Thats a badge I wear prominently displayed, no doubt about it folks. (Another one said Im someone who keeps a scorecard with respect to being treated fairly and unfairly by others and still another said Im obsessed with fairness.) This just lends support to my theory about how so many of you out there are perfectly content with a double-standard system of justice. Im suppose to forget about the violations committed against me and move along with my life, while at the same time, the judicial system not only wont forget about violations I committed, but will harp and harp on them just as if they happened yesterday. More than once, not only did I get more time in custody than I should have gotten for an offense, but they used that conviction even ones they knew werent valid to enhance a new sentence. You want me to forget past injustices? Whats that saying once again about he who is without sin cast the first stone? Oh ya, its in John 8:7. When you people harp more and more about my past inequities I just resolve myself more than ever to not forget old offenses committed against me. Clear?
Jessner also still insisted he thinks I did set one or more of the fires even though they know I didnt. After his big mouth lies I now sort of wish I really would have; after all, Im getting accused of it. In reality, Im not that kind of person though. My revenge has always been intentionally non-violent. (Now I know youre going to say that assault is automatically a violent crime by its very definition and that I have a conviction for assault. Well, first of all, I shouldnt have a conviction for assault. As is covered thoroughly in earlier pages, my criminal behavior did not meet all of the elements in order to sustain a conviction of that statute. And second, it was non-intentional. My intentional act of vandalism on property is a non-violent crime.)
Jessner even harped that I wasnt apologizing to past victims I violated like those who I passed counterfeit money to. Of all the nerve! For one thing, my conversation with the probation officer in preparation to him doing a Probation Sentence Investigation report for the court was limited to the current offense conviction only at my attorneys request. Past letters to judges available to Jessner apologized for those past crimes. It is a lie to say I didnt apologize for them. (In some cases, I withdrew apologies as mentioned in my Statement of Judicial Debts Receivable but he didnt have that document to reference.) NOWhe needs to apologize for deceit to Judge Hupp. Its also a lot of nerve to criticize me for failing to make an apology I had in fact made when they still refuse to make any they know they never have made.
While Im real quick to criticize, I am just as adamant about praising those that do something beyond the ordinary. Jessner did make some extra efforts to try to get me taken to my fathers funeral. Im not going to go as far as suggest that he was having some guilt feelings about being a primary reason why I wasnt out on bail to begin with which is the reason I was missing the whole thing but I did detect some sympathy, and some effort beyond his usual job description. And thats worth a bit of praise and thanks. Ill let slide my trying to analyze his remark to the court in his sentencing papers, Defendants parents had lived to old age, and rather than being tragic, their deaths were a natural part of lifes cycle. Or his remark verbally to the court at the time of my sentencing, Moreover, its not particularly unusual. Unfortunately peoples parents die; it is a fact of life. Technically thats all true; but its still cold to say. And it contributed to keeping my heart in a chilled state exactly the opposite temperature they should have been trying to achieve.
The individual worthy of the greatest praise though was my Deputy Federal Public Defender, Mr. Paul L. Abrams. If Maginnis would have performed at 1/10 the level that Mr. Abrams did, this whole mess would have never come about. I went into this case with no thought of beating it. I was seen mailing a letter and there was no way to convince a jury that I was innocent of that. My stance was to work at getting as little time as possible. While I did my own foot work in the prison law library to research my options, Mr. Abrams handled things from his end in a very extraordinary way. To position me to the court to the greatest advantage he put a lot of research time into avenues that never even entered my laymans mind. Because they were new strategies to me, I would have had no complaint if he did not perform them. But by performing them, I knew they were praiseworthy acts.
Separate from his legal performance, he went way beyond the call of duty to help me at the time of my mothers death, and later at my fathers. If it wasnt for him I wouldnt have been able to see my mother that last time at the funeral home. Unfortunately, I wasnt able to see my father but it wasnt for a lack of effort on his part. On this one thing he and Jessner worked together on. And when I was attacked at USP Lompoc he come to my aid again and was instrumental in getting me transferred from there as soon as I was. Normally transfers take much longer to process.
And at MDC-LA I had Dr. Hennig, Ms. Anderson, Mr. Fry, Mr. Munoz, Mr. Bustamonte, and Mr. Langowski who were helpful and supportive at the time of my parents deaths. I was lucky I had them at that difficult time. Please forgive me if I botched the spelling of any of these names. O.K., thats it for praise. Theres no one else left in this particular federal case thats worthy unfortunately. Its time to continue our story.
I already mentioned how Judge Hupp cheated me out of one day of credit because I wasnt officially arrested until after midnight even though, for all practical purposes, I was in custody since before noon the day before. One of the liabilities I was going to impose on them for this was to give the fellas one extra month of freedom. Why one month you ask? Im glad you did. One of the three computer user group meetings I go to meets on the first Wednesday of the month. My release date was Thursday October 3, 1996, one day after that meeting. If I wouldnt have gotten cheated out of that day I would have gone home the day before and made it to my meeting. Instead, I had to wait one extra month to go to that particular meeting. And the return was going to be one extra month of freedom for the fellas. Because this next case come about (vandalism) which well be covering in Chapter 19, I withdrew that punishment. Lucky you all. For your information, one of my other computer group meetings meets on the first Thursday of the month. I got home from the airport just in time to go to that one. Still, I had to wait a month for my Wednesday meeting, so the punishment would have been in effect despite making my Thursday meeting. Sorry bout that its just the way I am. Live with it!!!
But one day is nothing compared to this. The U.S. Sentencing Guidelines takes the current offense severity, prior convictions, and other factors such as grouping of counts (as we discussed earlier) into consideration in order to arrive at a sentencing range. Judge Hupp used my convictions for the sexual solicitation of 16-year-old Michael Reeves back in 1984, the accidental assaults in 1986, the supposed threat to disclose the wrongs of Mrs. Reeves back in 1988, and one of my two counterfeiting convictions. All that added up to a range for me of 33 to 41 months. (The child molesting and one of the counterfeitings were beyond the time limit they could count.) While the Guidelines permit Departures above and below this range, in general, the judge was limited to sentencing me within this range.
If theyre making such a deal about the first three offenses listed above, then why couldnt I get officials to do something about the extra severe sexual solicitations that were directed at me as a young-looking inmate in prison in the early 1970s? Why couldnt I get them to make a deal about it when I was threatened in prison over and over again by inmates aware of my sex offense not only in the early 70s, but to a lesser extent in 1987 through 1990 also? And beyond any of that, if my 1986 accidental minor assault (where no one even sought medical attention as per the police report and probation report prepared for this case) was such a big deal to warrant more time in custody and more points on my Bureau of Prisons Security Designation Form to put me in a higher custody prison than I needed to be in, why then wouldnt staff take it serious enough when I was purposely and viciously assaulted to want to bring my 3 attackers to justice? (Hold on, well be covering this story shortly.) I told them I could point out pictures of 2 of them in a photospread yet they refuse to do anything about it.
We tried to get the Maginnis convictions three Criminal History Points not included in the sentencing calculations because it was a conviction that should not have happened to begin with. Unfortunately, a new U.S. Supreme Court case just a month old prohibited us from pursuing that avenue. The conviction would have had to be reversed at the state level first before the federal level could avoid counting it. Had we of been successful, my sentencing range would have been reduced to 27 to 33 months. (The vandalism conviction, which would have remained intact, would have left two of those three points still there, but having one less point was what was needed to bump me down one Criminal History Category.) While Judge Hupp wasnt legally permitted to disqualify that one extra point it added to my total, he was very much permitted to go anywhere within the range his little ol heart chose to lead him. He gave me 40 months, just one month below the maximum he was allowed to.
Youll recall how I spoke earlier about U.S. District Judge Robert J. Kelleher taking an interest in how I had been violated in the past and considered that when he handed down a lesser sentence than an average repeat offender would get. Although he sentenced me to a short prison term, it was a sentence that clearly had a hidden message behind it. It was like he was saying, you did wrong and you deserve some punishment, but you were also wronged very badly by us and I recognize that contributed to your misbehavior. Acknowledging I had been wronged albeit a silent acknowledgment was a vital message I carried with me as I began serving that sentence, and that did my emotional stability more good than a ton of psychiatrists could ever hope to accomplish with years of traditional therapy. This was a case where my high degree of sensitivity to injustices in the past manifested itself in a high degree of sensitivity to an extra degree of concern and compassion which resulted in it being appreciated more than an average defendant would have. Of course, being permitted to stay out through the holidays in 1981 was just icing on the cake.
Now fast forward ahead to sentencing, Judge Hupp style. I would have seen a 33-month sentence as a hidden acknowledgment that Maginnis was wrong. I say that because 33 months was the lowest sentence the Guidelines permitted Judge Hupp to give me in the category I was stuck in, but it was also at the top of the proper range I should have been in if Maginnis was kicked out. Ideally, 27 months would have been preferred, but because 33 overlaps both ranges, I would have considered that an acceptable acceptance of responsibility that Maginnis was wrong. Getting stuck with 40 months to my mentally ill state of thinking is tantamount to telling me that we dont give a flying fuck whether Maginnis wronged you or not this isnt Judge Kellehers courtroom. Well, of course, my revenger philosophy returns that favor with, I dont care if your arsonists are brought to justice [with emphasis on your because they didnt burn me out]. Of course, I didnt say it out loud, just like Judge Hupp didnt verbalize his hidden message to me out loud, but that doesnt mean our messages didnt get sent and received. 10-4? (That means O.K. to you non 2-way-radio folks out in the audience.)
As an added point of information, while speaking of some of the past injustices I suffered at the hands of the judicial system, Dr. Benjamin Hulkower, Ph.D., one of the psychs who examined me before sentencing, asked the court to simply recognize my position
in some manner, with words. While in no way endorsing the actions I used to avenge those wrongs, he felt that such an acknowledgment would be a plus to my particular psychodynamics in that I would be less apt to still believe that authorities dont care. Even though to humanize the Justice system was detailed as a psychological necessity that would have a positive effect for me, Judge Hupp chose to not only disregard it, but he threw it all back on me in that I didnt take advantage of the provisions at that time for challenging the seizure of my property. And where did he get that idea? From certain implications I got from the papers here he said. Hello! Wake up guy; I mean Harry. Ive been very vocal about all the steps I took in my attempts to get it all back. Even the Fedbuster letter refers to those steps. Polite requests, harsh requests, promises to teach counterfeiting and tip people off that are under surveillance until I get it back are all on the record. (And if anybody wants to see copies of these many letters I sent to various Secret Service agents and U.S. Attorney Rappe in years past Ive got em for you.) And God only knows how long its going to take them to get it all back to me. How dare Judge Hupp say there are no implications
from the papers. Theres a mountain of it out there and its been there long before my August 1993 threats were ever put down upon paper. Needless to say, not only was I pissed at the lack of caring he showed, I was overwhelmed with joy that I had entrenched myself in a self-imposed silence. Judge Hupp could have followed the lead of his colleague, Judge Kelleher, and began therapy in the courtroom itself as Dr. Hulkower suggested. But he didnt, so now we have a higher barrier to get over in order to non-self impose me. Oh well, no skin off my back time to hoof it on off to prison. step
step
step
step
: - ( Me an my secrets. : - )
Well, at least I wont be facing a double whammy. Its bad enough having the inmates know Im a child molester. At least I wont be pegged as a snitch also the second most looked down upon thing. I mean, I gotta live with these guys for the next three years. I dont need having myself appearing worse than I already am. C Y A? You bet! I come first. Dont like it? Ask me if I care.
My thanks to Dr. Hulkower for his less-than-common suggestion to the court. Its high time somebody recognizes that Im not just imagining that these things were wrong to do to me. Usually they merely report that I perceive them as wrong, and then say it in such a condescending way as if to deny that they were wrong deeds to commit to begin with. I also want to thank Dr. Bruce L. Danto, M.D. Now this psyche was chosen by Jessner. My history with prosecution-chosen psychs indicates that these guys more-often-than-not bring to the table a scale pre-tipped in the prosecutions favor. With that in mind, I want you to see what Jessners choice had to say about me. Now Im sure he would have given Danto every bad-appearing piece of paperwork he had on me, including Revenge. Its emphasis on doing no injuries to anyone surely contributed to his conclusion here. I do not feel that he constitutes a danger to the community in terms of lethal behavior. He might be involved in some antisocial activity, such as counterfeiting or hustling a dollar in some manner or another, but I do not see him as an actual danger to the community. He nailed me on the head closer than any other examiner has ever done. Jessner was surely hoping for justification to his upward departure sentencing request. Instead he got, I would certainly not consider this man a candidate for outright release on probation, but would insist that he remain in a structured environment, such as a half-way home for a considerable period of time, and that he be assisted in being evaluated for and sponsored in a vocational rehabilitation activity, where he can learn a trade, so that he can make an honest living. Had Judge Hupp of followed through, the fellas may already have been several years into serving their long prison sentences. Oops! Later on youre going to see how denying me a half-way house for the last few months of my prison sentence (which is something inmates are suppose to be entitled to) and cheating me out of the opportunity to complete a vocational computer course has extended the fellas already longer-than-necessary vacation. Oops again!
All this confirms what Ive said before. If they want to screw you over, theyll justify to themselves some way to do it; despite what probation or psych reports recommend. Judge Rosenthal was determined to send me to prison even though the majority of psychs and therapists who knew me along with a probation officer recommended probation with out-patient therapy. They said prison would be more detrimental for me but Rosenthal paid it no mind. Yet then when I get a bad report theyll sure use that to their advantage to justify a harsher sentence. Just another one of those double-standard violations. Grrr : - (
Before sentencing, I calculated that my security level was such that I should be eligible for housing at a low Federal Correctional Institution (FCI) facility. Lompoc has a facility of this level along with a maximum custody United States Penitentiary (USP) and a minimum custody Federal Prison Camp (FPC). I had also looked up in the prison law library that this institution has a vocational computer class which I was very interested in attending. At sentencing, I asked Judge Hupp to recommend FCI Lompoc because of the computer class and he did. Unfortunately, his court clerk left off the FCI part and just wrote down Lompoc on the Judgement and Commitment Order, which is the paper work that the Bureau of Prisons gets after a person is sentenced.
And unfortunately further, I did not anticipate the Bureau of Prisons elevating my custody score higher than their own instructions call for. The probation report prepared for the court, which took every opportunity it could to emphasize all my bad points, said this about the most seriously injured victim in the 1986 accidental assaults, one victim
sustained temporary injury, but was not treated by a physician. Even though that should clearly classify it as a minor assault, according to their forms instructions, I was given extra points equivalent to the aggravated assault category, the same as if there would have been serious injuries. And to top that off, for my current threatening letters offense I was given points equivalent to the greatest severity, the same as if I had committed a heinous offense, even though Judge Hupp classified my crime as not a crime of violence and the U.S. Sentencing Guidelines assign the crime a Base Offense Level of 12 on a scale of 1 to 43, with 43 being the most severe crime. Even with this, my score was 1 security point below the USP level and, absent any other unforeseen circumstances, I would have gotten designated to a high FCI level institution maybe FCI Phoenix right from the start. (FCI institutions come in 2 security levels, high FCI and low FCI.)
And this is where the court clerks screw up enters the equation. On the transcript, Judge Hupp recommended Lompoc FCI but his clerk wrote just Lompoc on the Judgement and Commitment Order. Once the Bureau gets that paper they then calculate the inmates custody score and then designate him to an institution within that range. 18 points and above calls for a USP level institution. I had 17 points, still within a high FCI level, but because the judge recommended Lompoc and the Bureau tries to honor judges recommendations as much as possible, and because my score was nearer the USP level than the low FCI level they flexed up my point score and designated me to the maximum custody USP Lompoc.
[Return to Table of Contents]
Click here to continue to Chapter 18 on through to the end of the book.
|