The States are supposed to follow the Federal pattern in the US Constitution. What good would it be if the only Justice you got is when you are only accused of Federal Crimes? For this article I will quote from the US Constitution and then tell you what really happens in the State of Utah. I am aware that justice varies from State to State, that there is no unifying compliance with the Constitution.
The State of Utah denies petitions from the poor. You must have a lawyer to be heard. After my three children were kidnapped by their mother and taken out of the State and out of the Country, all my attempts for petitioning were denied.
Those wishing to protest are zoned far away from the location of the intended protest. The LDS Church's General Conference is the biggest example of the protection the State gives to an established religion.
Having been denied redress, I wrote a political commentary titled, "Modern American Utopia", signed by "A Citizen of the United States of America" (You have to know your history about Thomas Jefferson to understand the full intention of the signature) I presented it to the Utah Government on 6 August 2008. Two weeks later with guns drawn for a head shot, I was arrested as a "Terrorist Threat" using a "weapon of mass destruction" (i.e. the book) My freedom of speech to protest my being denied redress over the kidnapping of my children was interpreted as Domestic Terrorism.
Amendment 4: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
With my arrest I was not presented with a Warrant. I was not told why I was being arrested. My property was thrown away due to my lengthy incarceration. There was no effort to seize my property for they never intended to have a trial. I lost my residence, my transportation, and all my personal effects.
Amendment 5: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Not only was my property thrown away without a conviction of guilt in a trial, I was put into the Salt Lake County "Drunk Tank", because I used my Miranda Right to remain silent. It was seen as non-compliance and my behavior was seen as "uncooperative". (just listen to the news reporters whenever someone is arrested) This denied me seeing a Judge that day and all that weekend. After a discussion with a Jail psychiatrist where I corrected the woman by saying that we live in a "Republic" not a "Democracy", I was forcibly thrown into the Jail's Psychiatric Observation Area for two weeks. I never got to see a Judge for those two weeks, I was stripped naked and thrown in a cold cell overseen by a camera, not given toilet paper, no bedding, denied water, hygiene maintenance, and showering and shaving. I was given spoiled food for breakfast, lunch, and dinner consisting only of a bologna sandwich. I was deprived of sleep as they kept the lights on 24/7 and slammed the outer doors every 15 minutes in the guard patrols, and was disturbed every so often by various people who kept asking me the same exact questions, "Are you planning to kill yourself?" and "are you planning to kill others?" After two weeks, I faked a tooth ache to a sympathetic psychiatrist and I was moved to the Jail's "Super Max", with Curtis Allgier and Brian David Mitchell. I was given tray meals, a desk, a thin mattress pad and a bed sheet, toilet paper, and hygiene supplies and a pencil without an eraser, a couple pieces of paper, and an envelope once a week, most weeks. I could only shower every other day, which was supervised. I arranged to acquire more paper from the adjoining cell mate by trading my dinner dessert for what he had bought on commissary by making the switch on a fishing line he made with his bedding. I was in the Jail for 7 months never having a preliminary hearing, nor a trial. I lost 50 lbs.
My own defense team claimed I was not competent to stand trial and I was evaluated by two evaluaters; the first told me I was lucky I wasn't Federally charged (If you go to www.mugshots.com you will see my FBI file # is : 581496AD6. And the second evaluater put in her report that the kidnapping of my children was "delusional") Because I refused to plead to a guilty charge and also refused to go to the Mental Court, I was therefore found to be incompetent for trial and was sent to the Utah State Hospital, which used to be called the State Asylum at which I was put into re-education classes, forced on psychotropic meds, denied religious materials, and denied contact with the courts and my court appointed attorney. I gained 80 lbs from the forced meds and thus my meals were rationed less than the normal meal which was uniform for all inmates just like in jail, regardless of size.
Without due process I now forever have the felony charges on my record and am permanently labeled as "mentally ill", despite finally with my miraculous freedom, refusing further "treatment" and meds. The charges were dropped once I was found competent for trial, but I am no longer treated as a regular citizen and even though I am on SSDI I do not get enough to petition for redress, nor get out of my State forced poverty.
Amendment 6: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Most of this was covered with the previous Amendment commentary. I was denied a speedy trial and a trial altogether. It never went public, you won't find my case in any archives of the Utah news agencies, just at www.mugshots.com. I was to be silenced and removed from society for indefinite incarceration in the State's mental hospital, which used to be an Asylum, perpetuated by my own Defense team against my wishes to fight the charges in a trial by jury of peers. I had to request my Discovery packet to learn of the accusations against me, my Court Appointed Attorney was not going to offer it to me. Again I never went to trial, so there was to be no defense on my part allowed.
Amendment 8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
At mugshots you will see my bail was set at $10,000. There was no way I could pay that nor obtain anyone on the outside to pay that. The Utah State Attorney General who made the charges, also sent my name to the FBI and Homeland Security to put my name on the No Fly list. And as I reported about my conditions while incarcerated for 6 years, I was definitely treated with cruel and unusual punishments without even being convicted of guilt in a trial.
Amendment 14: Passed by Congress June 13, 1866. Ratified July 9, 1868. (Note: Article I, Section 2 of the Constitution was modified by Section 2 of the 14th Amendment.) SECTION 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
I was discriminated as a poor person and as one who protested the unequal treatment concerning my attempted petitioning for redress.
This is the typical process of Utah's Judicial System. I am not the only one to be treated like this. Those who are actually mentally ill are housed in the jails without proper treatment, there is just not enough beds for the estimated million people with a supposed diagnosis. The far majority of those arrested are the poor, who cannot afford bail, and are given to a Court Appointed Defense Attorney, who is over burdened, such that s/he cannot invest time with clients, so we are told to plead guilty and denied a trial. If we refuse to plead guilt, then we are indefinitely incarcerated and as in my case, given an out of the blue diagnosis of mental incompetent for trial. Only the poor whom they despise do they go through the motions of a trial, so that they can indefinitely incarcerate them in Prison. So Mark Hoffmann who deceived the LDS Church leaders and killed local church members; Brian David Mitchell, who kidnapped and raped Elizabeth Smart, whose family is tight with Utah Senator Orin Hatch; and Warren Jeffs, the leader of the LDS Church's break-off sect the FLDS, are examples of the type of people that get to go to Prison for life. Utah is currently going through many crises due to their violations of the US Constitution, but they refuse to acknowledge their high crimes and thus we as a State remain in crisis. This is what a Fascist State looks like and why we as a People must put a stop to it. There is no peace and security when you violate the Constitution.