If I may I would like to offer a quote found on the web site of the
web site of the US Attorney for
Western Michigan. United States Attorney's Office for the Western District
of Michigan 616-456-2404 The Law Building, 330 Ionia Avenue N.W., Grand
Rapids, Michigan 49503:
http://www.usdoj.gov/usao/miw/criminal.html:
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"Once an Indictment is returned, a criminal case exists that must be
prosecuted on behalf of the United States of America. The Assistant United
States Attorney has the privilege of serving as the representative of the
people in such a case. The AUSA is charged with seeing justice is done,
not only on behalf of the United States, but the defendant as well. The
Supreme Court once noted that:
The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer... It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
Berger v. United States, 295 U.S. 78 at 88. Argued and submitted March
7, 1935. Decided April 15, 1935. United States Supreme Court."
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I was schooled during the 1950's and 1960's and remember very well many of the civic and social studies lessons I received from very fine teachers. The Berger v US decision is so very consistent with what I was taught as a child and exemplifies what democracy and the United States of America stood for, represented, and most importantly could be counted on to firmly maintain these standards.
However, since 1935, there have been many decisions that suggest the integrity that I once understood to be diligently maintained appears to be eroding significantly over the years.
As a person who has worked in the legal profession, including managing a law office once, and a father who has also had personal experiences with the courts, child welfare agencies, and prosecuting attorneys, I feel that certain issues have been "overlooked" or neglected for far too long and it is quite appropriate to speak out in an attempt to have the voices of many be heard. I understand that there are far too many voices and especially a growing number of voices, people, children, citizens, and even some legislators who are beginning to realize something is terribly wrong with the child welfare structure in every state, on every level from the federal to the state and to the counties within the state. These voices are growing, and growing stronger, each and every day!
I have since learned that right here in the United States of America
prosecutors, police, expert witnesses and even child welfare social workers
can bring a citizen into the court process by presenting lies, manufacture
and fabricate evidence and even do so with malice and it has become established
case law that these people will have immunities, even if they are caught
doing these things:
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The truth of this has been so well stated in court decisions issued right here in the United States:
Specifically, I am referring to two decisions, one that is published and one that has been designated as unpublished:
The published case is an 11th Circuit Federal Court of Appeals case: Appeal from the United States District Court for the Southern District of Florida (January 23, 2002) No. 00-16361 [D.C. Docket No. 97-06832 CV-PAS
Robert R. Rowe, Plaintiff-Appellant, versus THE CITY OF FORT LAUDERDALE, a municipal corporation, BLACKBURN, individually and as police officer of the City of Fort Lauderdale.
The specific judges who decided this case were: The Honorable J.L. Edmondson, the Honorable Edward Carnes, and the Honorable R. Kenton Musgrave.
A copy of this case should be available through the Court Clerk's office of 11th Circuit Court of Appeals
Thomas K. Kahn, Clerk
U.S. Court of Appeals for the 11th Circuit
56 Forsyth St. N.W.
Atlanta, Georgia 30303
In this decision these judges made these observations about prosecutor [Lazarus] discretion and immunities:
We now turn to the issue of whether, given those facts, the district
court was right to grant Lazarus summary judgment on Rowe's claims against
him. We begin by discussing whether Lazarus was entitled to immunity from
Rowe's claims. A prosecutor is entitled to absolute immunity for all actions
he takes while performing his function as an advocate for the government.
Buckley v. Fitzsimmons, 509 U.S. 259, 273, 113 S. Ct.. 2606, 2615-16 (1993).
The prosecutorial function includes the initiation and pursuit of criminal
prosecution, Imbler v. Pachtman, 424 U.S. 409, 424, 96 S. Ct.. 984, 992
(1976), and all appearances before the court, including examining witnesses
and presenting evidence. See Burns v. Reed, 500 U.S. 478, 492 111 S. Ct..
1934, 1942 (1991). Under these principles, it is clear that, even if Lazarus
knowingly proffered perjured testimony and fabricated exhibits at trial,
he is entitled to absolute
immunity from liability for doing so.
"An investigator's planting or fabricating evidence in an effort to
obtain a conviction does violate clearly established law, Jones, 174 F.3d
at 1289-90; Riley v. City of Montgomery, 104 F.3d 1247, 1253 (11th Cir.
1997), and therefore is not protected by qualified immunity. Thus, if Lazarus
had engaged in any planting or fabricating of evidence while he was in
an investigatory role, he would not be immune from liability for damages
to Rowe."
EDWARD BIELASKA and CLAUDIA BIELASKA Plaintiffs-Appellants, v Wayne Circuit Court LINDA ORLEY, LAURA ORLEY, and WILLIAM ORLEY, Defendants, and KAREN SCHULTE, FAMILY CONSULTATION & TREATMENT SERVICES, INC., KATHLEEN COULBORN FALLER, JANE MILDRED, and ELLEN DEVOE, Defendants-Appellees. Lower Court No. 96-614421-NM for Wayne County, Michigan.
The section of this case I would like to quote from follows:
"Our Supreme Court affirmed dismissal of the civil action, finding that summary disposition was warranted under MCR 2.116(C)(7) and (8). Id. at 118. In that opinion, the Court explained the scope of the witness immunity doctrine in Michigan. The Court stated:
[W]itnesses who testify during the course of judicial proceedings enjoy
quasi-judicial immunity. This immunity is available to those serving in
a quasi judicial adjudicative capacity as well as "those persons other
than judges without whom the judicial process could not function." Witnesses
who are an integral part of the judicial process "are wholly immune from
liability for the consequences of their testimony or related evaluations."
Statements made during the course of judicial proceedings are absolutely
privileged, provided they are relevant, material, or pertinent to the issue
being tried. Falsity or malice on the part of the witness does not abrogate
the privilege. The privilege should be liberally construed so that participants
in judicial proceedings are free to express themselves without fear of
retaliation. As this Court [previously] noted: "Witness immunity is also
grounded in the need of the judicial system for testimony from witnesses
who, taking their oaths, are free of concern that they themselves will
be targeted by the loser for further litigation. Absent perjury of a character
requiring action by the prosecuting attorney, the testimony of a witness
is to be weighed by the fact finder in the matter at bar, not by a subsequent
jury summoned to determine whether the first lawsuit was tainted . . .
." [Id. at 133- 134 (citations omitted), (emphasis added).]
The Honorable Hilda R. Gage
Michigan State Court of Appeals, 2nd District
American Center Building
27777 Franklin Rd. Suite 645
Southfield, Michigan 48034-2055
The Honorable Donald E. Holbrook Jr.
Michigan State Court of Appeals, 4th District
Washington Square Building
109 W. Michigan Ave.
P.O. Box 30022
Lansing, Michigan 48909-7522
The Honorable Michael R. Smolenski
Michigan State Court of Appeals, 3rd District
State of Michigan Office Building
350 Ottawa N.W.
Grand Rapids, Michigan 49503-2316
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It is more than shocking, and very discouraging to me, that my fellow citizens of the United States of America do not realize the extent to which prosecutors, police, and especially court appointed witnesses lie, manufacture, fabricate and commit perjury in order to "win a conviction." It is even more appalling to me that the press continues to ignore this truth.
What is even more discouraging to me is that elected representatives continue to argue and debate about constitutional and procedural safeguards that may as well be considered nonexistent now. The next step has already been put in place for people are being detained without being charged, or allowed a public hearing, and detained indefinitely while being subject to "secret tribunals."
What happens to the rights of children in the United States of America has been quite similar for secret files and records are kept, closed hearings are performed, and records of these proceedings are considered confidential, even to legislators who have authority over the agencies that perform these functions. Add to this that the persons involved in these children's affairs are permitted to lie, manufacture and fabricate these records and proceedings and it can only lead to disaster after disaster, which also apparently appears to be well documented in the news far too many times.
What is fair in court proceedings should be so obvious:
Psychological evaluations, or custody/visitation assessments which are often ordered by the court are nothing more than another abuse of process where it is already known that the "expert evaluator" is going to produce a report, or evaluation, that reinforces what has already been predetermined.
The services and programs many people are "coerced" into accepting are again "structured" to reinforce the often fabricated and manufactured allegations that initiated far too many child protection proceedings to begin with.
Please do not get me wrong here for their are many public programs designed to assist children and families in many given situations and there are many dedicated individuals administering these programs and many children often benefit and are protected from negative, or even more horrible situations. But even given these circumstances it does not and cannot excuse what also has been growing within the child welfare system and it does not and cannot excuse those who decline to recognize an urgent need to "cut this off" and competently investigate these things. This society all the way up to the President of the United States urgently needs to know what children are far too often being subjected to in the name of "child welfare" for personal profit or gain, or personal agenda, while being permitted to "run amok" under the veil of these immunities and confidential proceedings and records.