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Why Innocent People Like Janet Marcusse is Still Incarcerated After a Decade of Fighting for Her Freedom

21 Nov

Janet Marcusse is 58 years old and has spent the past decade fighting for her freedom behind federal prison walls after being falsely incarcerated, slandered, and sentenced to 25 years behind bars for a crime she didn’t commit.

Federal Prosecutors initially charged her with a “Ponzi scheme” in 2004, then switched their allegations when they were caught lying about the $7.5 million in investments to honest services fraud in which corrupt federal judge Robert Holmes Bell changed the jury instructions to advise that the government didn’t need to prove the defendants obtained any money or property or that anyone lost any money or property, basically uprooting the government’s burden to actually substantiate any evidence of the alleged crime.

After the jury voted “guilty” on the new charge, prosecutors resurrected their old, abandoned “Ponzi scheme” charge for sentencing and appeal, now lying that it was the jury who determined the Ponzi scheme to be a “fact” when the jury voted according to federal judge Bell’s jury changed instructions. Jan was given a 25-year sentence based on losses caused by others, making it an illegal sentence.

While the Sixth Circuit Court of Appeals granted permission for Jan to file a pro se brief on her own behalf, Judges William Bertelsman, Jeffrey Sutton, and John Rogers ignored it in their 2008 decision in order to agree with prosecutors the jury found a “Ponzi scheme”. When Jan challenged the decision, the panel attested her issues had been “fully considered”, causing her “convictions” to be made “final”. When Jan challenged the panel in a petition for recall of the mandate for attorney and judicial fraud, they admitted they had “declined” to consider her issues, but refused to do anything about it.

In March, 2011, in response to Jan’s collateral attack petition under §2255, Judge Bell reversed course and held “a ‘Ponzi scheme’ was not an element of any charges brought”. Judge Bell has also refused to allow Jan’s innocence claim to even be filed, as based on the previously unavailable evidence obtained from the Dept. of Justice proving IRS Agent James Flink committed perjury over at least $9 million at trial, and as based on a new Supreme Court decision repudiating the charge as amended in the jury instructions to honest services fraud.

On June 17, 2011, Michigan Gov. Rick Snyder appointed Michael Schipper as a judge for his part in successfully prosecuting this case, describing it as a “Ponzi scheme”.

On January 9, 2013, the evidence was obtained in FOIA litigation to prove a criminal fraudulent scheme was concocted at trial in which prosecutors, IRS agents, Judge Bell and defense counsel all colluded in the deliberate spoliation of Jan’s bank record evidence. They allowed her access to original bank record documents and even provided copies, except then objected to the use of these copies as defense evidence at trial as not in the bulk bank record exhibits by having removed the original documents and replaced them with the records supplied from the banks under subpoena.

The original bank records had been stolen from Jan by co-defendants Wesley and Diane Boss to conceal the evidence of their embezzlement of $1.5 million and given to the IRS. During the trial, however, prosecutors stacked the bulk bank record exhibits in boxes in front of the jury box, but first removed the original documents from them, leaving only the similar content documents provided under subpoena by the banks in the exhibits–documents to which Jan was not allowed access–a scheme which they believed allowed them to object every time Jan wanted to submit any of her copies as defense evidence as not from the bulk exhibits, acting as if she must have fabricated her evidence. This constitutes criminal activity in violation of 18 USC §§ 2,3, 2071 and 26 USC § 7214.

More information on Janet Marcusse can be found here: http://www.ipiw.com

It’s because of reasons like this MSNBC article that Janet cannot get out of prison. The media only cares about things like Kim Kardashian’s butt or someone bashing a gay person. Everyone wants to jump in and help defend false freedoms of people’s lifestyles, why not defend something or someone worth defending? Obviously, many people’s lifestyles aren’t going to be accepted.

No offense to the entire LGBT community, but unless there’s ANY truth in the lies that were told in this article by the only non-transgender female quoted, then there’s no point in the advocacy of a more wicked society in which both the government and its people are corrupted. Those who have been at Tallahassee long enough to know how it works there will know that the very last sentence in this article is the biggest lie of all. There is no “ghetto” in Tallahassee and Tallahassee was where she spent the rest of her sentence until she was released months ago.

What aggravates me is that narcissistic arrogant selfish people can get the media to believe in their lies, but I can’t get one news station, even fake news, to write an article on Jan’s false incarceration with the mountain of evidence from court documents and tax court wins and transcripts and actual facts. But one day, she will be free. No thanks to all the people who try so hard to keep her there.

Here is the article link and the actual full article below. And if anyone is interested, below all this is my email reply to the ignorant reporter who wrote this article.

http://www.msnbc.com/msnbc/lgbt-prisoners-abuse

***

Does the LGBT movement ignore inmates?
11/14/14 09:49 PM By Emma Margolin-emma.margolin@nbcuni.com

More than 20 years have passed since the Supreme Court ruled in Farmer v. Brennan that prisoners could hold prison officials accountable for “deliberate indifference” to their safety. The landmark decision, issued on June 6, 1994, affirmed a constitutional responsibility on the part of custodial officials to protect those in their custody.

Today, however, LGBT inmates – particularly transgender women of color – experience harassment, discrimination, and violence while incarcerated, as well as alarming rates of being sucked into the criminal justice system. Prisoners’ rights advocates claim that the mainstream LGBT movement, now riding high on an unprecedented streak of victories in recent years, has largely ignored this set of concerns.

On Friday, the Columbia Center for Gender and Sexuality Law held a conference to discuss the legacy of Farmer, the movement to end abuse in detention centers, and the state of health care for LGBT prisoners, among other issues. If there were any positive takeaways to draw from the event, the best that could be said – as one audience member put it – was simply that “it could be worse.”

The negatives, however, were far more resounding.

“We have LGBT people now that’s hurting, hurting now and no action is taking place,” said Troy Isaac, a former juvenile hall and state prison inmate who now works with the group Just Detention International. At 12 years-old, Isaac was raped for being “effeminate” in the shower area of a California juvenile facility. “Staff members never listened to me,” he said.

Thirty-nine percent of gay male inmates said they’d been assaulted by other prisoners in a 2008 Department of Justice report. To compare, 3.5% of heterosexual male prisoners reported being sexually victimized by other inmates.

The statistics grow more grim when talking about transgender prisoners. Sexual assault is 13 times more prevalent among transgender inmates, a 2007 survey of California correctional facilities found, with 59% of transgender respondents reporting instances of sexual assault in detention. By comparison, 4.4% of the general inmate population reported experiencing sexual assault while in a California correctional facility.

Dee Farmer

In 1989, three years into her 20-year federal sentence for credit card fraud, Dee Farmer, a transgender woman, was transferred to a maximum-security penitentiary. Despite dressing as a woman, undergoing estrogen treatments, and having silicone breast implants, Farmer was held in custody in all-male prisons. Days after being transferred to USP-Terre Haute in Indiana, Farmer was raped at knife-point by another prisoner. She then filed a quixotic lawsuit without legal counsel against the Bureau of Prisons director, regional director, and other officials, alleging that they knew she would be sexually assaulted at USP-Terre Haute due to her feminine appearance.

After losing at both the federal district and appellate levels, Farmer successfully petitioned the Supreme Court for review.

“I really, really didn’t think I had a chance of getting approved,” said Farmer, who is currently incarcerated in a West Virginia federal prison, during a November interview with Just Detention International and the ACLU. In 1994, the Supreme Court agreed to hear .5% of cases filed by indigent plaintiffs, according to the human rights groups.

The high court ended up handing down a unanimous victory for Farmer stating that prison officials had a duty under the Eighth Amendment, which prohibits cruel and unusual punishment, to protect prisoners from harm at the hands of other prisoners. In law, “deliberate indifference” occurs when a professional knows of and disregards an excessive risk to an inmate’s health or safety.

“There have been some inmates I met in my journey who have come up and gave me a hug,” said Farmer in the phone interview that organizers played at the beginning of Friday’s conference. However, she said, “the struggle for transgenderism is still very much alive and very much in need.”

For starters, transgender individuals, especially non-white women, find themselves wrapped up in the criminal justice system at disproportionate rates. In the 2011 National Transgender Discrimination Survey, 47% of black transgender respondents said they had been incarcerated “for any reason,” compared to 8.9% of the general black population.

That result is due in large part to factors that put LGBT individuals at risk of being arrested before they even reach adulthood. Data shows LGBT youth are overrepresented in the nation’s homeless population, having left home in many cases because their families didn’t accept them. Once on the street, they’re exposed to myriad dangers, including violence, sex work, and incarceration.

CeCe McDonald

Such was the experience of transgender folk hero CeCe McDonald, who, after surviving homelessness, prostitution, and one near fatal transphobic attack, served 28 months behind bars for second-degree manslaughter, a charge to which she pleaded guilty. At 23 years-old in 2011, McDonald stabbed and killed a man after he and his friends verbally and physically assaulted her.

“I ended up defending myself,” McDonald recalled on Friday, her normally ebullient voice raspy with a cold. “Of course the system did not allow me to flourish in a way where I could successfully go through the trial and actually win.”

Faced with up to 40 years for second-degree murder, McDonald pleaded guilty to a lesser charge that carried a 41-month sentence in a state men’s prison. Though the only LGBT person in her prison pod, McDonald said she was far more concerned about what the prison staff would do to her. “The reality is that staff and people who work there are more than likely to attack you,” said McDonald. “Knowing that put me on a different level of paranoia when I was in prison.”

In an attempt to hold prison officials accountable to their duties under Farmer, Congress passed the Prison Rape Elimination Act (PREA) in 2003. From that law grew a set of standards designed to eliminate sexual abuse in prison. But critics denounce the PREA regulations as far too soft on prison officials who assault inmates. “PREA is a joke,” exclaimed Evie Litwok, president of Ex-Offender Nation, during Friday’s conference. “These men could never get laid in the free world to the extent that they’re getting laid in prison,” she said of male staffers working in female jails.

Prisoners’ rights advocates have called for greater transparency within jail facilities – in particular, more cameras. They’ve also implored members of the mainstream LGBT equality movement to strengthen their connection with inmates, through advocacy or, more simply, through writing letters. They stress, however, that the only way to truly reduce the rate of prisoner abuse is to reduce the rate of mass incarceration.

“It’s hard to figure out how to work with people who have caused an enormous amount of harm, but we’re already living with them,” said the Rev. Jason Lydon, founding director of the group Black and Pink. “The rate of homicides being solved are low … Domestic violence goes on and on without police being involved. We’re already living with people causing enormous amount of harm, and prisons aren’t fixing that.”

Short of rape, there are a number of other ways in which inmates face abuse. Litwok, 63, has served a total of 20 months in federal prison for tax evasion. When she first arrived in 2009, she immediately came out as a lesbian – a move she believes subjected her to “harassment, torture, and sadism.”

Inmate.com got the word around immediately,” said Litwok to msnbc during a lunch break. “It’s like old-school telephone. That’s how we get our news.”

Within two weeks of her prison stay, the manager of Litwok’s quiet orientation unit accused her of groping other women.

“I got angry immediately because I hadn’t been involved with anybody for over ten years because of my case,” said Litwok. “I told her I wanted to see the women who accused me of that now.”

No such women were presented. Instead, Litwok was transferred to a different unit known as “The Ghetto,” the loudest most unpleasant area.

“In front of ‘The Ghetto,’ there are 20 beds for punishment called ‘The Bus Stop,” said Litwok. “You sleep under 24-hour, seven-day-a-week florescent lights that don’t go off, and you sleep next to an ice machine that crushes ice every 20 minutes. On either side of you are the bathrooms, which 150 women use … It may not be waterboarding, but it’s torture.”

Litwok stayed there for the rest of her sentence.

***

Dear Emma,

I understand your advocacy for the LGBT movement and equality for that community, but your article on LGBT inmates is largely incorrect. Do you not research as a reporter to uncover the truth instead of simply believing someone who told you something?

It all sounds very much like the criminal justice system, where hearsay can incarcerate an individual with no evidence and no substantial proof of any kind for years and a decade more for conspiracy of which the person doesn’t even know they’re committing conspiracy. The true conspiracy is the lies that the government’s witnesses have told, and in this case, perhaps your faulty sources. It’s sad that people are so blinded with ridiculous notions that it’s them against the world and that anyone who isn’t like them is against them, therein the cause of corruption and evil in this world that many will suffer for the selfishness of others.

Why not then do an actual article on how many people are incarcerated innocently? There are far greater numbers of people incarcerated that should never have been there in the first place, the majority of which are still behind bars today. And no one speaks for them because in today’s society of Hollywood and self-made reality tv stars, it’s more important to discuss whether someone’s butt is too big or whether spikes should be erected under bridges and highways to deter the homeless.

That last one aggravates me because, where does someone who has a place to sleep at night with a warm bed, a comfy blanket, and a nice home ever think of where a homeless person would go if not under bridges and along park benches when the shelters are too full. It would’ve been a better use of government resources to erect more shelters to help the homeless instead of harm them by erecting spikes so that they have nowhere to lay their head. And much like the homeless, falsely incarcerated people exist and will not simply go away if we turn the other eye and pretend not to notice.

There are innocent people in prison fighting to get out and not even the media or any reporters who still seek actual truth will listen, not even with the overwhelming evidence of corrupted federal judges, prosecutors, and civil court wins would help set someone free. Yet, everyone wants to hop on the gravy train of fighting for false freedoms in a bound and slave system worse than any third world country in the world, and no one wants to touch base on the corruption of the people who are here to serve and protect us, the very same ones who throw us behind lock and key to fatten their paychecks and please their own conceited egos of how many they can throw into America’s slave labor system.

If I was in the position to be a reporter, I’d at least fight for something worth fighting for: ivory poaching which kills and drives rhinos and elephants towards extinction, rhinos particularly; deforestation which is humanity destroying itself slowly; and people who can’t speak for themselves because the world is so corrupt that unless we’re just like them, there’s no chance for us who don’t belong to live in it.

But this is the modern age, isn’t it? And the age of technology and computers. Everyone has a Facebook and a Twitter and YouTube and followers. Perhaps one day, no thanks to all the ones who try so hard in hiding up the truth and their own wickedness, will there be a real freedom for everyone, and not simply because everyone wants to throw in their own perspective lifestyle or decisions, but a real freedom with a transparent government who is for the people instead of for themselves while riding on the backs of the people.

Have a good night.

Sincerely,
Xao Thao

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1 Comment

Posted by on November 21, 2014 in Janet Marcusse, Things Worth Fighting For

 

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One response to “Why Innocent People Like Janet Marcusse is Still Incarcerated After a Decade of Fighting for Her Freedom

  1. theowllady

    November 23, 2014 at 2:29 am

    Reblogged this on theowlladyblog.

    Liked by 1 person

     

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