Formal Complaint, State of Michigan, County of Baraga
I, a 61-year old African American, confined in Michigan Department of Corrections (MDOC), a resident at Baraga Maximum Correctional Facility (AMF), currently housing permanently in a stripped cell in segregation. I am writing this formal complaint on behalf of myself and others similarly situated.
This formal complaint is solely against michigan Criminal Justice System, and MDOC, and their Adminsitration and employees.
After returning to prsion August 30, 1991 with a 2 year to 20 year prison term for possession of powder cocain and crack cocain less than 50 grams. My basic information sheet indicated that my first out date with special good time was October 7, 1992 and my regular good time out date was December 23, 1992. And my special good time maximum out date was October 10, 2009 and regular good time maximum out date was July 13, 2013.
I was denied a parole release all the way up to 2013. Then while a resident at Alger Correctional Facility, on April 8, 2013 about 20 prison guards attacked me and beat up in bad shape. Then I was framed with two of the prison guards accusing me of assault and battery on prison employee. Then I wasn't allowed to have any witness testify on my behalf and I was not allwoed to give a statement on my behalf. No investigation was done on my behalf. The evidence of the video camera that were 15 yards away were withheld. The officers all twenty testified against me. The hearing officers found me guilty on both assault and battery charges. Then the two prison guards filed felony charges against me. The circuit court Judge appointed an attorney who wouldn't investigate the crime or call witnesses. I asked the judge to discontinue his services for lack of assistance. The next attorney refused to investigate also. I asked the Judge to discontinue his services and the Judge denied my request. I went to trial got found guilty and sentenced to 3.5 to 15, and 3.5 to life. The 3.5 to life was an illegal sentence. Then judge changed it to 3.5 years to 50 years. My first out date is July 21, 2017 and the parole board has already sent me an 18 month continuance in the mail without an interview.
I filed for an appeal and the court appointed appeal attorney refused to investigate my case and call witnesses. I have somewhat of the same problem with the court appointed attorney on the narcotic case that got me sent to prison. That attorney didn't investigate the scene of the crime or call witnesses, and he was absent at six of my court appearances, and even absent the day my trial was to start. I took a plea bargain for a 2 to 20 years because the attorney that stood in court for my attorney told me that I will be out on the streets in 90 days if I took the cop. Here it is 27 years later and i am still incarcerated after being framed with some trumped up felony charges.
I was facing a life maximum with the fourth degree habitual charge with the cocaine and crack case, and the assault and battery case also. The state is providing inadequate legal representation to defend felony cases. That's a prime example why about 95% of the felonies are resolved by way of plea bargains. Plus the courts are bullying the defendants with unlawful charges like habitual offender, consecutive sentences, high bonds, and the use of two numbers in the sentence. For instance, a 2 to 20 years is two different and separate sentences in itself. The 2 years is one term and the 20 years is another term.
I have spent approximately twenty years of my incarceratin in control units in level five (maximum security). Out of the 27 years I have been incarcerated twenty four of those years were spent in administrative segregation. At one point I did eleven straight years in segregation from 1998 to 2009 for a fake dangerous contraband infraction.