Well folks heres the scoop… Like I told you all yesterday , there is a 45 day Judicial Review process going on..The next court date is April 20th 2012
There was 2 reasons cited for this 1) To determine rather the case should be filed and heard in criminal or civil courts 2) To determine the correct venue or jurisdiction.. Now for the 2nd reason, it seems totally irrelevant to me. We were told that it needed to be determined if the case was to be heard in Shawnee County, since thats where the KBI is…. Now im not here to dog law enforcement, as I myself was once in the process of enrolling to go to John Jay University and wanted to work doing International Investigations and diplomacy. Law enforcement is not the enemy in and unto itself… However the people who we place in charge often times misunderstand their scope of power..and even abuse it at times absolutely!… Now, The KBI is an intrinsic part of law enforcement … So why this has anything to do with their location and our current court issue seems irrelevant… They are charged with the duty of enforcing the law by “providing professional investigative and laboratory services to criminal justice agencies, and the collection and dissemination of criminal justice information to public and private agencies, for the purpose of promoting public safety and the prevention of crime in Kansas”…. Where this case is concerned we apply “the collection and dissemination of criminal justice information to public and private agencies, for the purpose of promoting public safety and the prevention of crime in Kansas”… So in fact their role is as a information collection repository – a place where collected information is stored, and disseminated – spread around… I think perhaps rather than disseminate, it should say promulgate, which is perhaps a more clear definition of their role… Anyway, I see no real connection between their jurisdiction and this case. They are NOT the body of law who is DIRECTLY responsible for the retroactive aspect of this, or wait a second, or are they? Because if they are, well they are not in the Law enactment branch of the legal tree, so enactment is out of their scope of power… Only to enforce existing laws as so made to be by Kansas Legislation.
So lets look back to June of 2011 – Most of US received a letter in the mail… this letter informed us that basically our offender registration period had been exteneded and reffered us to case law of Doe v alaska 2003 ( which was not the latest in the history of the doe v alaska case 2008 ) … But who made the decision that it would be retroactive? Where in the law does it specifically state that the new set of offender registration guild-lines are to be applied retroactively? When I called the KBI in June I was told that they had not yet been informed if it had been determined if the law would be applied retroactively… This here is the starting point… Its clearly NOT law per sei, it was left to the determination of a board of peoples that i’m sure included the director of the KBI, alongside and with who else? Who else is deemed credible to make this particular decision that affects hundreds of thousands of peoples lives , offenders and non offenders alike? The governor perhaps? The attorney general? The AG again, another part of the Law enforcement branch…
Now for those of you who stumbled upon this site in search of ??? I just want it to be clear here , that this court proceeding we are participating in, is not to terminate current legislation or to repeal it… At this time we are simply challenging the retroactive application of current legislation as applied in a backward in time manner to alter and change previously convicted and sentenced individuals who for some were close to having completed the terms and conditions of the contract they entered in to with a given State Court, were informed that the contract was changed without notice and failure to comply would be a felony conviction that more than not will included incarceration. In no other area of life is it deemed acceptable for breech of contract..Without relief being given to the aggrieved party..Also, In the constitution we have direct orders from our forefathers saying that no punishment shall be applied in a retroactive application. To those affected by this new application, it is beyond reproach to ask if these new statues are punishment? Living in a constant state of hyper-awareness of your environment, and what may happen at any given moment.. The constant fear of being arrested for mere accusations.. The list could go on and on… Not to mention the effects on the families..
For those of you who wish to participate in further court involvement it has been explained to me that you will need to file the Application for court appointed counsel.. If you do not do this, and in the event we do go to court here or where ever, and you are not a party to this particular case, you will most likely still have to go to court yourself at a later date… Im just the messenger, and this is how it was explained to me by the Attorney of record Jason Smartt with the Sedgwick County Public Defenders Office..
Im exhausted… I plan to spend some time with my family, and will begin to contact those of you whose names and numbers I have on Sunday.. I do not feel hopeless in this endeavor, so please do not feel that way either.. Its going to take time, as the mistress we call the law is a deeply troubled and conflicted lady of a great many concerns… This is a great start… But we need to stay steady with the pressure… We need all of you to be involved regardless of your previous case.. This is not about your charges that got you here, this is about law… In order to maintain the pressure, we need you to fill out the affidavits for counsel and get them turned in to the courts… Ill provide exact instructions later… For now I need to spend time with my life and family… Do not be discouraged that we have no answer at this time… As I have explained before this will take much time, efforts and commitment… The playing field is level and for now its just a time out… You must have all your info turned in to the courts to be put on the case with in a few weeks, in enough time for the Attorneys to get your case merged into this one…I challenge you to stand up for yourselves… Those of you who have one excuse after another as to why you cannot… Don’t complain about the results later… This effort takes a tremendous amount of time and energy.. I cannot sign papers on your behalf… It is up to you now if you will be the strength behind my push…Or I also encourage you to follow our lead and if out of the Sedgwick county area and dont want to come here, do as I have done… Get someone into court, enlist locals… because one way or another this will get straitened out! And if need be, I will move to Topeka, its already been discussed as an option and possibility…
Relax for now, as its a time out… Ill be contacting those of you who I have in my database starting Sunday.. Email me or call and leave an message and I will get back to you at my earliest avail..