Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
The thirteenth Amendment to the United StatesConstitution abolished slavery and involuntary servitude except as
a punishment for a crime. Everwondered how we ended up with the largest
prison population of any country. Haveyou noticed that those whose jobs it is
to protect and serve seem to bedemanding more and more blind obedient. You
didn't think it just happened by chance, did you. It's time to call
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attention to the fact our government asthe most prolific slave owner on the planet.
This is surviving the system. Thankyou for joining me today on surviving
the system. This is Nancy Dayand today. You know, I really
want to go back and just donot necessarily a recap, but I'd just
like to revisit the idea of thesystem, especially the legal system in particular
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here in this country. You know, I don't I don't really know what
else to say about it. Youknow, if you're listening to me,
and if it speaks to you,it probably speaks to you because you've had
your eyes forced open. You wentthrough it, or a loved one went
through it, somebody close to youwent through it, and you had that
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curtain pulled back and you saw behindthe scenes, and now you know that
it's song and dance. The systemis, it's broken, it does not
work, or depending on your viewpoint, I tend to lean this way a
little more. Is it's set upthat way specifically on purpose. It is
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set up this way specifically to dowhat it is doing. It's meant to
keep people moving into the prisons,moving into the jails on a consistent basis.
Why because if you think about ifyou think about the system specifically as
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a business, it's repeat customers.If you own a business or full profit
business, wouldn't you want everybody callsyour door. Wouldn't you want people coming
in every time they possibly could topatronize your business. So if you're the
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government and you're allocating millions, potentiallybillions of dollars to a particular area on
an annual basis, wouldn't you wantthat money to keep coming in if your
job dependent on it, if that'show you made your living, wouldn't you
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want more money coming your way?And the best way to get that money
coming your way is to send morepeople inside. So we'll talk a little
bit about that today. The phonelines are open if you would like to
chime in if you would like toshare a story or ask a question.
One eight hundred five eight eight zerothree three five eight hundred five eight eight
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zero three three five A couple ofquick housekeeping items. Don't forget you can't
check out the website. I keepa I keep an archive of the shows
there, as well as a contactme page. I'd love to hear from
everybody Surviving this System dot org,and I am on social media at Facebook
(03:36):
dot com, slash Surviving this Systemand on Twitter at STS the podcast.
I keep those open mainly to beable to communicate with you. I really
don't utilize social media very much.The more that I tried, the more
I just I hated it. Itjust it feels wrong. But I utilize
it really to keep the lines openso you can talk to me, and
(03:58):
so that I can reach out toother people who may be sharing a story
that I think is worth talking about. You know, not everybody wants to
come on and tell their story,and that's okay, but if nothing else,
just to shoot him a message andlet them know, hey, you're
not alone. I get it.I understand there are more people out there
than you know that understand what you'regoing through. And if you are listening
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live on fringe dot fm, thankyou so much for joining us. If
you are listening on podcast, pleasetake a moment to rate the show,
subscribe to the show. Any interactionyou could give me it would be greatly
appreciated. But most importantly, takethe time to share the show with your
audience. I'm willing to bet youknow someone, even if it's just one
(04:49):
person that needs to hear this message, that would connect with that message,
send it to them, let themknow hey, and check the show out.
I think this guy'd be good foryou to talk to. This guy
gets it. I might not getit sometimes I'm a little slow, but
I'll probably get it. I hope. You might have to repeat it to
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me slowly a couple of times,but I'll get it. And as always,
before we get going, we're goingto start the show off with gratitude.
And I say that especially when itcomes to topics like this because this
is especially for me personally. Man, if you get me going, I'll
get riled up. I will getriled up and I'll sit here and I'll
bash the system all day long withyou. I mean, we can we
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can trade stories about how horrible itwas and the wrongs that we saw happen
to other people. I have storyafter story after story of people I encountered
with that that's not going to dous any good. That doesn't do us
any good to get dragged down.So we start with gratitude because that allows
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us to keep high above those disempoweringemotions. It allows us to keep the
vibration high, keep that frequency high, and allows us to attack these issues
and discuss these topics in a constructivein a productive manner, and come out
on the other end of it atleast feeling better or lighter, or maybe
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more hopeful even for having discussed it. So with that in mind, I
would like to very quickly say thatI am I'm so grateful to be here
with you, allowing me to liveout my purpose to help to remind you
of who you really are. Don'tever let them, don't ever let them
tell you any different. So I'dlike to start with a quote from the
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United States Chief Justice Warren E.Berger was on the Supreme Court. He
passed away in nineteen ninety five.Supreme Court the ultimate ultimate law of the
land. They make the final decisionon what's law and what's not on what's
legal and what's not, what's ethicaland what's not. Now, that is
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a topic for a different discussion.It's basically a group of people with opinions
and politics making decisions on things.They can both take a look at the
same case and come out of itwith two complete different conclusions. On the
back end of it, the varietyof factors that go into that, I
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don't necessarily like the fact that wehave a group of people that that's it,
their final decision, and then everybodygoes with it. But with that
said, I use this quote becausesometimes even when people are in this system,
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or when they're a part of thissystem, you know, they may
not be it may not be trulyparticipating because that's who they are. Maybe
they got caught up into it.Maybe they started off with great intentions and
as time goes on they realize,fully, crap, what did I get
myself into? What am I doingwith these people? I mean, I've
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had friendships like that in the past, where it starts off great. You
think that person's a great friend,they're fun to hang around, and then
all of a sudden, you know, a month or two months or year
or two years, whatever it is. Down the road. You look at
him and you go, what thehell am I doing with this person?
Holy crap, I gotta get outof here. So Chief Justice Warren E.
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Burger said, quote ours is asick profession marked by incompetence, lack
of training, misconduct and bad manners. Ineptness, bungling, malpractice, and
bad ethics can be observed in courthousesall over this country every day. These
incompetence have a seeming unawareness of thefundamental ethics of the profession. Now that
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came from one of the quote unquotelaw of the land individuals. And to
work your way up to the SupremeCourt, I mean you start from the
bottom and work your way up.You start as typically a prosecutor, maybe
a defense attorney, and then youwork your way up to a judge,
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and then you work your way upto maybe a circuit court judge, and
you just keep climbing the ladder.So he was in the system for a
very long time. I would probablytake his opinion at face value. Sick
profession marked by incompetence, lack oftraining, misconduct, bad manners, just
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on and on and on and endswith dot dot dot, the fundamental ethics
of the profession, unawareness of thefundamental ethics of the profession. You know,
a couple of things have happened recentlythat I really wanted, I really
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maybe want to discuss this. Youknow. First of all, there was
an article that came out here inNebraska discussing the overcrowding problem. Now you
may have heard me discuss this inthe past, but repetition is the second
law of learning and transformation. Sowe're going to go over it again because
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maybe there's something you forgot, maybethere's a piece of information that might strike
true with you today, or maybethis is your first time listening. And
if that's the case, welcome,and I hope, I hope I don't
blow your mind too much. SoNebraska is the second most overcrowded prison population
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in the nation. What that basicallymeans is, depending on the facility,
we are so far over capacity thatwe are violating basic civil human rights because
we don't have enough to be ableto take care of all the people that
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are crammed into these prisons. Now, the way that I describe, and
I'm sure this can be applical acrossthe nation, but Nebraska in particular,
just has this way and has thisway about it. The best way that
I can describe it is, Iwill give you a situation. I'm not
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going to give you any specifics,just high, high level. Let's just
imagine that there's a situation that Iprovide you evidence for, and I say,
I'm going to need you to makea decision on this. Here's the
evidence in front of you. Nowyou determine what you need to do with
this, and you diligently look throughall of that evidence. You research,
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you read, you study, maybeyou talk to people, and after a
long investigative process and after long contemplation, you say, this decision is what
makes the most sense based on theevidence in front of me. Nebraska will
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do the exact opposite of that.Take whatever makes the most sense legally,
ethically, morally, emotionally, physically, financially, whatever makes the most sense,
do the opposite. And there youhave the system in Nebraska, second
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most overcrowded prison population in the nation. And there is a law on the
books called LB one nine. It'sreferred to as the good Time Law here
in Nebraska because it allocates sentencing lawsand what it says is for every day
that you serve, you get aday off your sentence. So in easy
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terms, if you have a tenyear sentence, you do five years of
that because for every day you geta day off. And what they do
is they hold that other day,or in this particular example, that other
five years. They hold that overyour head to keep you in line.
So if you're inside a prison andyou get into a fight or you assault
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another inmate, you don't go backto court. They don't charge you with
something unless it's serious. But I'mtalking the vast majority of the cases,
they don't charge you with anything.Else. What they do is they take
a good time away from you.They basically say, yeah, you know
what, you had five years,but now you're going to do six.
And then they hold that other fouryears over you and try to keep you
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in line. So that's the goodtime law. But in there there's a
lot there's a lot of talk abouthow to specifically handle different types of cases
because you've got people, I mean, when you talk about someone who's been
sentenced, there are so many differentvariations to it. You've got parole dates,
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you've got programming, you've got allkinds of different things that may go
into it. Sometimes there's additional timethrough federal that has to be included,
whatever it might be. So inthere it lists out very very specifically,
Hey, in these cases, here'show you approach this. So for example,
and I know this very well becausethis applied in my case, if
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the Department of Corrections recommend is whatit calls quote unquote voluntary programming, the
parole board says, well, wecan't let you go until you complete that
programming. And you might say,yeah, but that's voluntary, and they
say yeah, but we want youto do it anyway. According to LBEE,
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they can't do that if that programmingwould affect you getting out in a
timely manner on parole. They haveto give you the opportunity to do that
programming when you're out. So theyhave to according to the law LB one
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nine State Nebraska, they have tosay, Okay, we're gonna let you
out, but you're still going toneed to do this programming is voluntary programming
that you can choose not to do, but if you don't do it,
we're going to punish you. ButI aggress, but they don't do that
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direct violation of the law. Imean direct, but it's sometimes these laws
are written vaguely, so there's abig gray area that they can play around
with, and they can interpret differentways and get it in front of a
judge who maybe is a little bitmore willing to listen to their side of
the story, and you can swaythem over that direction. No, I
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mean, it's very black and white. There's no way around it. And
they just don't care. They don'tcare unawareness of the fundamental ethics of the
profession. So they're keeping all ofthese people inside for longer than they need
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to be there because they're directly violatingthe law. Directly violating the law.
And here's the thing. People havetried to fight it. People have tried
to fight it, and they justget buried. Because I talked to an
attorney when I came home, becauseI was like, there's got to be
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something because they've violated my rights accordingto the law. There's got to be
something that I can do. AndI had numerous attorneys look at it and
go, you know what I mean, Yeah, you probably have a case,
but that's the state of Nebraska.They have a lot more money and
they can pretty much just keep youtied up in court for the rest of
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your life, or they can justbury you. So nobody goes after him,
because I mean, at that point, it's it's just finances. You
know. Let's say that I wasto go, I'm not looking at getting
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trillions of dollars and damages, youknow, maybe five ten thousand. I
don't know. Maybe I'm just makingup numbers. I don't know, because
obviously there's no precedent for me tolook at with this, and so maybe
five ten thousand dollars. But howmany hundreds of thousands of dollars would I
have to spend in legal fees tohave an attorney to help me to represent
because I don't have the time tosit there and research and deal with all
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of this. Not to mention I'mnot I'm not a lawyer. I'm not
an attorney. I don't know allthe ins and outs of the system and
how it works. So that's justsimple economics. And they know this,
what do you You're going to spendhundreds of thousands of dollars to what get
five ten grand's that's terrible economics.If I came to you and said I've
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got a great investment for you,if you invest one hundred dollars with me
today, I will give you backfive dollars next month. You can tell
me to kick rocks. You're like, man, get out of here.
You're stealing my ninety five dollars.Give me my money back, get out.
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Why don't we do that with ourgovernment? Ah. Again, that
goes back to what are you goingto do? How are you going to
going to take him to court?And secondly, out of California, I
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was introduced to a plea for specificinmates in the state of California, and
I read through it a little bitand it was, you know, hey,
this person's being held, they shouldhave been released, blah blah blah,
please contact the governor. Here's theinformation. And I kind of looked
at it and said, yeah,I mean there's a lot of that.
I mean, let's be realistic here. There are so very few people in
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the system, inside of a facility, inside of a jail, of prison,
wherever you want to call it,so few of them. It's an
open and shut Yeah, they're they'redone like there's nothing. The vast majority,
and I mean practically everyone in there. You know what, if you
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really took a look at things youcould probably find some way to say,
you know, I don't think thatI don't really think that this should be
in there, because there are somany laws and so many regulations and so
many implementing regulations and so many processesbehind the scenes that nobody, nobody can
legitimately follow every single one of them. Nobody even knows what they all are.
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So every day, in every case, somebody is violating some law.
And when I say somebody, Imean the people in the system, like
the prosecutor, the judge, theyarresting officers, whoever did the investigation,
like something somewhere was violated. Butwhat happens is these people have reached the
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decision at this point in time wherethey're just going to overlook it because yeah,
I mean, he's probably guilty ofsomething anyway, or yeah, you
know, if we shine a lighton this, then we're gonna have to
go back and look at all ofthese other cases and then everything, and
then everybody's going to be out.We can't do that. The whole system
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will collapse. Not I don't knowabout you, but two things there.
First of all, it's funny howthey don't apply that same logic to us,
and When I say us, Imean you and me, the general
population, the people not in thissystem. They don't go. Man,
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if we've if we invest gate everybodyfor financial crimes, man, we run
the risk of freaking imploding the financialsystem. You know what, We probably
shouldn't do that. Nope, theykeep coming at us, unless, of
course, you reach a certain leveland you become quote too big to fail
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unquote, and then they'll just lookthe other way and they'll slap your wrist
and make you pay a small fine. But you and me, oh maunk,
God forbid, if we're off byfive dollars on our taxes, they
are common for you. And two, if you have a system that you
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know that you know is morally andethically inept, the only way that it
is held up and still operating atthis point is because you just haven't brought
light to what's going on. Youhaven't pulled that curtain back and said,
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look, everybody, here's what here'swhat how it really works, here's how
it really happens behind the scenes.They don't do that because they know if
people knew, they'd be done.And then the people that do go through
the system, that come out onthe other end, they do everything they
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can to silence you. They makeit so you want to go back,
or that you have to go back. They say you up to fail,
They take away all You're right,you can't vote, So what are you
gonna do? Going everybody? Oh, if you want to make a change
in this country, go vote,except you people with felonies. I you,
you won't get any more rights.You don't get any more saying this
even though we know how it worksbetter than you do. But nope,
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no, we've seen behind the curtain. Yeah you don't. You don't get
to play this game anymore. Yougo sit in the owner. When we
come back from break, I willpick up the story talking about California and
why it's so important, and whypeople are shining a light on this particular
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inmate and the other inmates behind thescenes, and how it's a reflection of
again, probably was going on everywhere. Stay tuned, we'll see on the
other side. Welcome back to SurvivingHis System. Thank you for sticking with
us. If you are listening liveon Fringe dot FM, remember the call
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in line is one eight hundred andfive eight eight zero three three five eight
hundred five eight eight zero, three, three five. Love to hear your
stories, comments, questions, whateveryou would like to share. The phone
lines are open. So to wrapup what we were talking about before the
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break is Nebraska Department of Corrections andhow the laws that are in place they
violate on a daily basis to keeppeople incarcerated even though they should be letting
them out according to the laws thatare on the books, but they don't
follow their own laws, which hasled to Nebraska being the second most overcrowded
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prison population in the United States ofAmerica. Now again, let's go back
to what I said in the beginning. Take all of the information you have
in front of you, figure outwhat makes the most sense, and then
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do the exact opposite. So takinga look at all of this information and
saying, well, now, holdon a second here, You've got all
of the laws on the books saythat you should be doing this, and
you should be letting people out andallowing them out earlier than they're in there.
You can't be denying them parole forall of this. No, no,
no, no, no no,even though that would solve the overcrowding
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problem. No, no, no, you know what we need to do.
We need to spend near a hundredmillion dollars more of taxpayer money.
Let's just build a new prison.We'll just put more people in there.
Now, the funny thing is,would that solve the problem. I mean
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maybe temporarily, because then you wouldn'thave overcrowding. It's so many facilities.
It might drop it down to lessthan emergency levels. It might get the
ACLU off your back for a minute. But they're always adding new laws to
the books. Basically, what they'redoing is they're forcing you into the system
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because I guarantee you, I guaranteeyou you could be arrested and imprisoned at
any moment of any day. Becausethere are so many laws on the books,
they just don't enforce all of them. If they enforced everything that was
on the books, we'd all beinside, every last one of us.
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So let's just open up a newprison. All they're doing is kicking the
can down the road, because they'regonna fill right back up because Nebraska is
going to keep breaking the laws thatare written, keeping people in longer than
they're supposed to be, and we'llbe right back where we were. And
then they'll ask for hundreds of milliondollars more to build another facility, and
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there we go. Now very similarsituation California. So I sent a story
about a gentleman who's incarcerated and waspleading a case that he shouldn't be he
should he should be let go.And I see those all the time.
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You know, there's always a case. Everybody that's inside. You could easily
make a case one way or theother. Whether whether anybody in the system
will listen to you, that's anotherstory. Probably not, because that would
then be admitting, yeah, wewere wrong, you were right, sorry
about that, and they don't.They don't do that. So I dug
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into the website that came along withthis basically said, you know, hey,
here's the here's our organization, here'swhat we're about. So the organization
is called Without One Plea and thisorganization was started by an inmate named Lonnie
G. Schmidt in California Department ofCorrections. Technically they're the CDCR California Department
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of Corrections and Rehabilitation. So whenyou've got time on your hand, you
may have heard the time of theterm jailhouse lawyer. A lot of people
when they're behind bars, when they'rein correctional institutions. You've got nothing but
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time, and so you start tolook into the law because you know,
you know, in the pit ofyour stomach, with every fiber in your
being, that you were wronged andyou know that they did something wrong.
You just don't know what it is, but you know it's something. So
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you dig into it, and eventuallyyou go through the law and you go,
man, look at they broke allthese laws. Look at this.
And they'll start fi filing motions andamendments and different hearings, and typically they're
ignored because let's remember here. Let'sremember the thirteenth Amendment to the United States
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of America did not abolish slavery.What it did is it transitions slavery.
Slavery is only illegal except when usedas punishment for a crime. So when
you are punished for a crime,ie sent to prison, you are now
legally constitutionally a slave. They don'tSlaves have no rights. You can be
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one hundred percent correct with everything thatyou have put forth, in all of
your evidence, with all of yourinterpretation of the law, you can be
correct, and they can still lookat you and go stay inside. Now
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why because they make more money offof you when you're in there. So,
Lonnie Lonnie G. Schmidt, withoutone plea, what exactly did he
find? So? Procedurally, thestate of California when prosecuting felonies accepting plea
(31:26):
deals where Okay, I'll plead thisif you give me this amount of time,
that's the plea deal. They havebeen going about this business without any
kind of an indictment by a grandjury or on an information by a sworn
officer of the court. And thisis coming right off the information off their
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website without without one plea dot com. The funny thing is these quote unquote
complaints. Plaints are only applicable tomisdemeanors or infractions, So if it's listed
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as a felony complaint, legally thereis no such thing. A complaint would
then mean it's a misdemeanor or aninfraction. So a felony complaint is an
oxymoron. So the argument here iseither, well, first of all,
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there's no you just made something up. There's nothing on the books saying that
there's a felony complaint, so youcan't charge us with a felony complaint.
Or secondly, hey, if itis a complaint, well, then that
means you need to drop my felonydown to either a misdemeanor or an infraction,
and those typically hold less time,So you got to let us out.
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So you've got inmates in the Departmentof Corrections in California who are there
because someone in the system, anofficer of the law, police officer,
somebody at the court, the prosecutor, the defense attorney, even somebody.
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Somebody has no idea what they're doing. They're just making it up as they
go along, and forgetting to doublecheck. Hey, let's make sure before
we do this that this is inline with the law and our rules and
regular Let's make sure that we're procedurallydoing this correctly so it doesn't come back
to bite us in the ass.They don't care. A sick profession marked
(33:50):
by incompetence, lack of training,misconduct, and bad manners. Then I
don't know that any truer words wereever spoken, not just two out of
the fifty states. I mean,how many stories have we heard coming out
(34:14):
in recent years. How many Netflixdocumentaries have been written and shown and filmed
and released for the general population totalk about these horrible miscarriages of justice where
somebody was sentenced for a crime theydidn't commit, or somebody was sentenced to
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time and they didn't need to dothat much, so they got to be
led out early. I mean,think back a few years ago, there
was a bunch of inmates that werelet out early. This happened in Nebraska
(34:59):
too, munch of inmates were ledout early under LB one ninety one,
the good time Law. It's happenedin other states too. They're let out
early, and then the system comeback and goes, ah, you know
what, we messed that up.You actually still had another year left,
so come on back. And thisis years after the fact. These people
have reintegrated back into society. Ihave jobs, They've reconnected with their families.
(35:21):
Potentially, they are productive members ofsociety, and the system comes back
and says, hey, our mistake, Sorry about that, but get back
inside. Let's go. When Itell you that, my opinion is that
this system is set up to makeus all slaves. It's stuff like that
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that I use as my case toback up my opinion. If the true
goal, if the true goal ofthe legal system and the punishment of incarceration,
if the true goal is rehabilitation,then Why would you take someone that
was rehabilitated obviously by example, there'senough evidence. Why would you take them
(36:17):
and put them back inside? Youknow, wai because they can you know
why, because they make more moneyoff you when you're inside. They have
to justify their jobs. If youhaven't heard the statistics related to plea bargains,
(36:45):
I hope that this opens your eyes. If you have heard it and
haven't really considered the true implications ofwhat it means, I ask you to
consider it a little more with me. Now. Something around ten percent of
all criminal cases go to court goto trial. Ninety percent of these cases
(37:13):
plea out. What that means isthe prosecutor will come to the defendant or
the defense attorney or both and say, look, I don't want to waste
time going to trial. Look ifyou just plead to this lesser charge,
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do this as a punishment. Look, just don't make me go to trial.
Don't make me do my job,and I'll go easy on you.
And if you bockt that, thenthey go look, if you make me
go to trial, I will chargeyou with more. And even the judge,
even the judge will say, ifyou're wasting the court's time, I'm
(37:58):
going to hit you with the maximumand they'll slam down the maximum sentence that
they can all because all because youwanted to use your constitutional right to a
trial by your peers. If yousay, you know, you know what,
(38:21):
it's my right, I want togo to court, they will rain
down more hell and punishment on youthan if you just roll over and say,
okay, final take it. Andhere's the thing, they know full
well that it makes more sense logically, emotionally, financially for you to take
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that plea, and that's how theyget away with it. That's how it
happened in my case. I mean, shoot, if I'd have gone to
court, which I looking back onit now, I'm like, man,
I should have, but I don'tknow that I would make the different decision
because I would have been facing likefive to ten years as opposed to the
(39:08):
one to three that I did.I couldn't do that to my wife and
kids. I couldn't risk that.And they knew that. They knew it
was a no brainer. You knowwhy, because the majority of the people
that go through the system are goodpeople. We're honest people. We just
(39:29):
made a mistake. But they needto justify their jobs. The funny thing
is if you take it to court, a lot of times you'll be walking
up to the courtroom door and they'lljust be like, look, fine,
look, just take I don't wantto have to do this. Just take
this last deal and they'll give youa really sweet deal and just be like,
(39:51):
look, men, just pay courtcosts and then we'll be done.
Okay, just just get out ofhere. So we have a system,
we have states fall of people whoshould not be there. If you read
the laws, read the regulations,read the policies, these people should not
(40:16):
be there. I shouldn't have beenthere. I should not have had to
have been there as long as Iwas, And I'm no different than all
of the other people that were there. That's how I know all of this,
because the people that I met insidethere are the ones that helped to
educate me on this. So herewe are with the highest incarcerated population of
(40:51):
any nation in the world. Wehave more people in prison here in this
country than any other country in theworld, and the highest recidivism rate.
They just keep coming back because myopinion, it is set up so that
(41:15):
when you get out, it isnext to impossible for you to succeed.
It is next to impossible for youto reintegrate back into society. It's so
much easier to just go back inside. And believe me, there are days
(41:37):
I have I've talked to my friendsabout this so many times, and it's
so funny how we all think we'rethe only ones that think that at the
time, but we all do it. Man, there are days and I'm
just like, it would be somuch easier to just go back inside.
I do not want to have todeal with all this crap. It would
be so much easier, so mucheasier. But that's why I end my
(42:05):
show every time. Keep your headup, don't let them get you,
man, I keep my head up. I'm not going to let them get
me. I'm gonna get out hereand I'm gonna bust ass and I am
not going to be a statistic Iam not going back in. I am
going to succeed, and I'm goingto expose what they're doing. I'm going
to talk about it. I'm goingto bring people on here to tell their
(42:27):
stories, and we're going to talkabout it until we're blue in the face.
We're going to talk about it somuch that eventually we're going to reach
that tipping point and more people aregonna know what's going on than don't,
and then we're going to be inthe majority, and then hopefully, hopefully
we can affect some real change.But for now, I mean, what
(42:58):
do we do? What do wedo? You've got a media that doesn't
talk about stories like this. Themedia is not going to cover this.
And I know I know it fora fact because I met with a media
representative and I'm not going to namehim because I like him and I respect
him, and I actually appreciate theway that he handled speaking with me,
(43:20):
and he was very upfront and openand honest with me. When I brought
all of this to him. Hewas doing an expose of the Department of
Corrections and he was talking. Hewas talking more about some of the high
level stuff like the easy easy fruit, the low hanging fruit. I heard
he was doing it, and Ireached out to him, said, hey,
(43:43):
I would love to discuss my experiencewith you. I have some information,
and I brought him a copy ofthe LB one ninety one and I
showed him word for word. Here'swhat it says, Here's what they're doing,
Here's what this says, here's whatthey're doing. And I remember him
looking at me going, I don'tknow that I want to do this.
(44:05):
You know, he was making thecomment he said, look, I in
the past, I went after somebig people and I nearly lost my career
for it. I don't know thatI want to do that again. And
you know what, I respect that. I'm not mad at him. I
(44:27):
can't fault him for that, becauseagain, that's how the system is set
up. Do you think do youhonestly think that if it was legitimate and
on the up and up, andthere was nothing to hide, that there
was nothing that was going on,no corruption of any kind. Do you
honestly think that they wouldn't just say, I mean, look, you're all
the taxpayers, you pay for allof this, Come take a look,
(44:51):
open doors, let's go. Butno, No, when you get a
journalist that says, hey, whatdo you guys doing there, they try
to run him out of town.Shoot. In some cases they probably try
to kill them. In many casesthey have killed them. Gary Webb,
(45:12):
for example. If you don't knowwhat I'm referencing, just google Gary Webb.
Go down that rabbit hole for awhile. So here we are,
and what do we do? Youknow, I always can get worked up.
(45:36):
I can feel it, man.I I don't know if you can,
but I can just go. Idon't have to stop, and I
don't have to pause, and Idon't have to follow all of my speaking
skills. And don't say um.Don't say anytime you feel like you're gonna
say UM. Just pause for amoment, collect your thoughts, allow the
thought to sink in. I'll justgo get talking a million miles a minute
(46:01):
because it just flows. I getso worked up. But that's not going
to do anybody any good. Mesitting here ranting and complaining. It's not
going to do anybody any good talkingabout it and exposing it. Yes,
because recognition is the first law oflearning and transformation. And if we want
(46:21):
to learn anything and begin to transformanything, we have to recognize what's going
on. So you know what,in this case, here's what I'm going
to say. Do some research.Google this stuff, man, Go to
the website. Go to the websitewithout one plea and just look at it.
(46:49):
Look into the about us, lookinto the unlawful prosecution. See where
they're coming from, and when theyreference a code or when they reference a
law or a subsection, look itup, read it for yourself to make
sure they're not taking it out ofcontext. And I will always, always,
(47:09):
always, always push back on thisas if not the first thing you
do, one of the first thingsyou do, you focus on your community.
If I was to try to tellyou right now, let's go change
the world, man, you knowwhat, let's go overturn these laws.
(47:31):
Let's go to Washington, DC,You'd probably be like, there's no way
we can take on the Washington DC. Are you kidding me? And I'd
probably be like, yeah, Iknow you're right, but let's go do
it anyway. I'm pissed. No, no, no, no no.
Start locally. Be a good humanbeing to the people around you. The
(47:52):
next time you see a story ofsomeone committing a crime, or being arrested
for something, or being acute tosomething, don't follow that knee jerk reaction
to point the finger. Do someresearch, send them a letter, ask
them, hey, what happened,And I guarantee you they will open your
(48:14):
eyes because whatever was published in themedia, whatever was published in the newspaper,
whatever you heard on the radio,whatever you read online, that is
not the full truth. Ask somequestions, do some research. Thank you
for your time. Don't forget thewebsite Surviving the System dot org, Facebook
(48:37):
dot com, slash Surviving the System, and on Twitter at STS the podcast.
I would love to hear your thoughts. I'd love to hear your comments
and your stories. Feel free toreach out. I hope that you have
found value in today's show, andremember, as always, as I just
(48:58):
talked about a few minutes ago,remember keep your head up, don't let
them get you. It may beeasy to look at all the corruption and
manipulation in the system and feel hopeless. Here at Surviving the System, we
hold to the belief that greatness isborn in the midst of extraordinary struggles.
You were created with a purpose,with infinite potential, and many have lost
(49:21):
sight of that back We're here toremind you of who you are. The
best revenge is success
The thirteenth Amendment to the United StatesConstitution abolished slavery and involuntary servitude except as
a punishment for a crime. Everwondered how we ended up with the largest
prison population of any country. Haveyou noticed that those whose jobs it is
to protect and serve seem to bedemanding more and more blind obedient. You
didn't think it just happened by chance, did you. It's time to call
(00:23):
attention to the fact our government asthe most prolific slave owner on the planet.
This is surviving the system. Thankyou for joining me today on surviving
the system. This is Nancy Dayand today. You know, I really
want to go back and just donot necessarily a recap, but I'd just
like to revisit the idea of thesystem, especially the legal system in particular
(00:48):
here in this country. You know, I don't I don't really know what
else to say about it. Youknow, if you're listening to me,
and if it speaks to you,it probably speaks to you because you've had
your eyes forced open. You wentthrough it, or a loved one went
through it, somebody close to youwent through it, and you had that
(01:10):
curtain pulled back and you saw behindthe scenes, and now you know that
it's song and dance. The systemis, it's broken, it does not
work, or depending on your viewpoint, I tend to lean this way a
little more. Is it's set upthat way specifically on purpose. It is
(01:37):
set up this way specifically to dowhat it is doing. It's meant to
keep people moving into the prisons,moving into the jails on a consistent basis.
Why because if you think about ifyou think about the system specifically as
(02:02):
a business, it's repeat customers.If you own a business or full profit
business, wouldn't you want everybody callsyour door. Wouldn't you want people coming
in every time they possibly could topatronize your business. So if you're the
(02:31):
government and you're allocating millions, potentiallybillions of dollars to a particular area on
an annual basis, wouldn't you wantthat money to keep coming in if your
job dependent on it, if that'show you made your living, wouldn't you
(02:51):
want more money coming your way?And the best way to get that money
coming your way is to send morepeople inside. So we'll talk a little
bit about that today. The phonelines are open if you would like to
chime in if you would like toshare a story or ask a question.
One eight hundred five eight eight zerothree three five eight hundred five eight eight
(03:15):
zero three three five A couple ofquick housekeeping items. Don't forget you can't
check out the website. I keepa I keep an archive of the shows
there, as well as a contactme page. I'd love to hear from
everybody Surviving this System dot org,and I am on social media at Facebook
(03:36):
dot com, slash Surviving this Systemand on Twitter at STS the podcast.
I keep those open mainly to beable to communicate with you. I really
don't utilize social media very much.The more that I tried, the more
I just I hated it. Itjust it feels wrong. But I utilize
it really to keep the lines openso you can talk to me, and
(03:58):
so that I can reach out toother people who may be sharing a story
that I think is worth talking about. You know, not everybody wants to
come on and tell their story,and that's okay, but if nothing else,
just to shoot him a message andlet them know, hey, you're
not alone. I get it.I understand there are more people out there
than you know that understand what you'regoing through. And if you are listening
(04:26):
live on fringe dot fm, thankyou so much for joining us. If
you are listening on podcast, pleasetake a moment to rate the show,
subscribe to the show. Any interactionyou could give me it would be greatly
appreciated. But most importantly, takethe time to share the show with your
audience. I'm willing to bet youknow someone, even if it's just one
(04:49):
person that needs to hear this message, that would connect with that message,
send it to them, let themknow hey, and check the show out.
I think this guy'd be good foryou to talk to. This guy
gets it. I might not getit sometimes I'm a little slow, but
I'll probably get it. I hope. You might have to repeat it to
(05:11):
me slowly a couple of times,but I'll get it. And as always,
before we get going, we're goingto start the show off with gratitude.
And I say that especially when itcomes to topics like this because this
is especially for me personally. Man, if you get me going, I'll
get riled up. I will getriled up and I'll sit here and I'll
bash the system all day long withyou. I mean, we can we
(05:34):
can trade stories about how horrible itwas and the wrongs that we saw happen
to other people. I have storyafter story after story of people I encountered
with that that's not going to dous any good. That doesn't do us
any good to get dragged down.So we start with gratitude because that allows
(05:54):
us to keep high above those disempoweringemotions. It allows us to keep the
vibration high, keep that frequency high, and allows us to attack these issues
and discuss these topics in a constructivein a productive manner, and come out
on the other end of it atleast feeling better or lighter, or maybe
(06:17):
more hopeful even for having discussed it. So with that in mind, I
would like to very quickly say thatI am I'm so grateful to be here
with you, allowing me to liveout my purpose to help to remind you
of who you really are. Don'tever let them, don't ever let them
tell you any different. So I'dlike to start with a quote from the
(06:46):
United States Chief Justice Warren E.Berger was on the Supreme Court. He
passed away in nineteen ninety five.Supreme Court the ultimate ultimate law of the
land. They make the final decisionon what's law and what's not on what's
legal and what's not, what's ethicaland what's not. Now, that is
(07:12):
a topic for a different discussion.It's basically a group of people with opinions
and politics making decisions on things.They can both take a look at the
same case and come out of itwith two complete different conclusions. On the
back end of it, the varietyof factors that go into that, I
(07:33):
don't necessarily like the fact that wehave a group of people that that's it,
their final decision, and then everybodygoes with it. But with that
said, I use this quote becausesometimes even when people are in this system,
(07:54):
or when they're a part of thissystem, you know, they may
not be it may not be trulyparticipating because that's who they are. Maybe
they got caught up into it.Maybe they started off with great intentions and
as time goes on they realize,fully, crap, what did I get
myself into? What am I doingwith these people? I mean, I've
(08:20):
had friendships like that in the past, where it starts off great. You
think that person's a great friend,they're fun to hang around, and then
all of a sudden, you know, a month or two months or year
or two years, whatever it is. Down the road. You look at
him and you go, what thehell am I doing with this person?
Holy crap, I gotta get outof here. So Chief Justice Warren E.
(08:45):
Burger said, quote ours is asick profession marked by incompetence, lack
of training, misconduct and bad manners. Ineptness, bungling, malpractice, and
bad ethics can be observed in courthousesall over this country every day. These
incompetence have a seeming unawareness of thefundamental ethics of the profession. Now that
(09:15):
came from one of the quote unquotelaw of the land individuals. And to
work your way up to the SupremeCourt, I mean you start from the
bottom and work your way up.You start as typically a prosecutor, maybe
a defense attorney, and then youwork your way up to a judge,
(09:39):
and then you work your way upto maybe a circuit court judge, and
you just keep climbing the ladder.So he was in the system for a
very long time. I would probablytake his opinion at face value. Sick
profession marked by incompetence, lack oftraining, misconduct, bad manners, just
(10:00):
on and on and on and endswith dot dot dot, the fundamental ethics
of the profession, unawareness of thefundamental ethics of the profession. You know,
a couple of things have happened recentlythat I really wanted, I really
(10:22):
maybe want to discuss this. Youknow. First of all, there was
an article that came out here inNebraska discussing the overcrowding problem. Now you
may have heard me discuss this inthe past, but repetition is the second
law of learning and transformation. Sowe're going to go over it again because
(10:43):
maybe there's something you forgot, maybethere's a piece of information that might strike
true with you today, or maybethis is your first time listening. And
if that's the case, welcome,and I hope, I hope I don't
blow your mind too much. SoNebraska is the second most overcrowded prison population
(11:05):
in the nation. What that basicallymeans is, depending on the facility,
we are so far over capacity thatwe are violating basic civil human rights because
we don't have enough to be ableto take care of all the people that
(11:26):
are crammed into these prisons. Now, the way that I describe, and
I'm sure this can be applical acrossthe nation, but Nebraska in particular,
just has this way and has thisway about it. The best way that
I can describe it is, Iwill give you a situation. I'm not
(11:52):
going to give you any specifics,just high, high level. Let's just
imagine that there's a situation that Iprovide you evidence for, and I say,
I'm going to need you to makea decision on this. Here's the
evidence in front of you. Nowyou determine what you need to do with
this, and you diligently look throughall of that evidence. You research,
(12:16):
you read, you study, maybeyou talk to people, and after a
long investigative process and after long contemplation, you say, this decision is what
makes the most sense based on theevidence in front of me. Nebraska will
(12:39):
do the exact opposite of that.Take whatever makes the most sense legally,
ethically, morally, emotionally, physically, financially, whatever makes the most sense,
do the opposite. And there youhave the system in Nebraska, second
(13:01):
most overcrowded prison population in the nation. And there is a law on the
books called LB one nine. It'sreferred to as the good Time Law here
in Nebraska because it allocates sentencing lawsand what it says is for every day
that you serve, you get aday off your sentence. So in easy
(13:26):
terms, if you have a tenyear sentence, you do five years of
that because for every day you geta day off. And what they do
is they hold that other day,or in this particular example, that other
five years. They hold that overyour head to keep you in line.
So if you're inside a prison andyou get into a fight or you assault
(13:50):
another inmate, you don't go backto court. They don't charge you with
something unless it's serious. But I'mtalking the vast majority of the cases,
they don't charge you with anything.Else. What they do is they take
a good time away from you.They basically say, yeah, you know
what, you had five years,but now you're going to do six.
And then they hold that other fouryears over you and try to keep you
(14:13):
in line. So that's the goodtime law. But in there there's a
lot there's a lot of talk abouthow to specifically handle different types of cases
because you've got people, I mean, when you talk about someone who's been
sentenced, there are so many differentvariations to it. You've got parole dates,
(14:33):
you've got programming, you've got allkinds of different things that may go
into it. Sometimes there's additional timethrough federal that has to be included,
whatever it might be. So inthere it lists out very very specifically,
Hey, in these cases, here'show you approach this. So for example,
and I know this very well becausethis applied in my case, if
(14:58):
the Department of Corrections recommend is whatit calls quote unquote voluntary programming, the
parole board says, well, wecan't let you go until you complete that
programming. And you might say,yeah, but that's voluntary, and they
say yeah, but we want youto do it anyway. According to LBEE,
(15:26):
they can't do that if that programmingwould affect you getting out in a
timely manner on parole. They haveto give you the opportunity to do that
programming when you're out. So theyhave to according to the law LB one
(15:50):
nine State Nebraska, they have tosay, Okay, we're gonna let you
out, but you're still going toneed to do this programming is voluntary programming
that you can choose not to do, but if you don't do it,
we're going to punish you. ButI aggress, but they don't do that
(16:11):
direct violation of the law. Imean direct, but it's sometimes these laws
are written vaguely, so there's abig gray area that they can play around
with, and they can interpret differentways and get it in front of a
judge who maybe is a little bitmore willing to listen to their side of
the story, and you can swaythem over that direction. No, I
(16:33):
mean, it's very black and white. There's no way around it. And
they just don't care. They don'tcare unawareness of the fundamental ethics of the
profession. So they're keeping all ofthese people inside for longer than they need
(16:57):
to be there because they're directly violatingthe law. Directly violating the law.
And here's the thing. People havetried to fight it. People have tried
to fight it, and they justget buried. Because I talked to an
attorney when I came home, becauseI was like, there's got to be
(17:22):
something because they've violated my rights accordingto the law. There's got to be
something that I can do. AndI had numerous attorneys look at it and
go, you know what I mean, Yeah, you probably have a case,
but that's the state of Nebraska.They have a lot more money and
they can pretty much just keep youtied up in court for the rest of
(17:45):
your life, or they can justbury you. So nobody goes after him,
because I mean, at that point, it's it's just finances. You
know. Let's say that I wasto go, I'm not looking at getting
(18:06):
trillions of dollars and damages, youknow, maybe five ten thousand. I
don't know. Maybe I'm just makingup numbers. I don't know, because
obviously there's no precedent for me tolook at with this, and so maybe
five ten thousand dollars. But howmany hundreds of thousands of dollars would I
have to spend in legal fees tohave an attorney to help me to represent
because I don't have the time tosit there and research and deal with all
(18:30):
of this. Not to mention I'mnot I'm not a lawyer. I'm not
an attorney. I don't know allthe ins and outs of the system and
how it works. So that's justsimple economics. And they know this,
what do you You're going to spendhundreds of thousands of dollars to what get
five ten grand's that's terrible economics.If I came to you and said I've
(18:52):
got a great investment for you,if you invest one hundred dollars with me
today, I will give you backfive dollars next month. You can tell
me to kick rocks. You're like, man, get out of here.
You're stealing my ninety five dollars.Give me my money back, get out.
(19:12):
Why don't we do that with ourgovernment? Ah. Again, that
goes back to what are you goingto do? How are you going to
going to take him to court?And secondly, out of California, I
(19:33):
was introduced to a plea for specificinmates in the state of California, and
I read through it a little bitand it was, you know, hey,
this person's being held, they shouldhave been released, blah blah blah,
please contact the governor. Here's theinformation. And I kind of looked
at it and said, yeah,I mean there's a lot of that.
I mean, let's be realistic here. There are so very few people in
(20:00):
the system, inside of a facility, inside of a jail, of prison,
wherever you want to call it,so few of them. It's an
open and shut Yeah, they're they'redone like there's nothing. The vast majority,
and I mean practically everyone in there. You know what, if you
(20:22):
really took a look at things youcould probably find some way to say,
you know, I don't think thatI don't really think that this should be
in there, because there are somany laws and so many regulations and so
many implementing regulations and so many processesbehind the scenes that nobody, nobody can
legitimately follow every single one of them. Nobody even knows what they all are.
(20:48):
So every day, in every case, somebody is violating some law.
And when I say somebody, Imean the people in the system, like
the prosecutor, the judge, theyarresting officers, whoever did the investigation,
like something somewhere was violated. Butwhat happens is these people have reached the
(21:10):
decision at this point in time wherethey're just going to overlook it because yeah,
I mean, he's probably guilty ofsomething anyway, or yeah, you
know, if we shine a lighton this, then we're gonna have to
go back and look at all ofthese other cases and then everything, and
then everybody's going to be out.We can't do that. The whole system
(21:32):
will collapse. Not I don't knowabout you, but two things there.
First of all, it's funny howthey don't apply that same logic to us,
and When I say us, Imean you and me, the general
population, the people not in thissystem. They don't go. Man,
(21:57):
if we've if we invest gate everybodyfor financial crimes, man, we run
the risk of freaking imploding the financialsystem. You know what, We probably
shouldn't do that. Nope, theykeep coming at us, unless, of
course, you reach a certain leveland you become quote too big to fail
(22:21):
unquote, and then they'll just lookthe other way and they'll slap your wrist
and make you pay a small fine. But you and me, oh maunk,
God forbid, if we're off byfive dollars on our taxes, they
are common for you. And two, if you have a system that you
(22:45):
know that you know is morally andethically inept, the only way that it
is held up and still operating atthis point is because you just haven't brought
light to what's going on. Youhaven't pulled that curtain back and said,
(23:08):
look, everybody, here's what here'swhat how it really works, here's how
it really happens behind the scenes.They don't do that because they know if
people knew, they'd be done.And then the people that do go through
the system, that come out onthe other end, they do everything they
(23:30):
can to silence you. They makeit so you want to go back,
or that you have to go back. They say you up to fail,
They take away all You're right,you can't vote, So what are you
gonna do? Going everybody? Oh, if you want to make a change
in this country, go vote,except you people with felonies. I you,
you won't get any more rights.You don't get any more saying this
even though we know how it worksbetter than you do. But nope,
(23:55):
no, we've seen behind the curtain. Yeah you don't. You don't get
to play this game anymore. Yougo sit in the owner. When we
come back from break, I willpick up the story talking about California and
why it's so important, and whypeople are shining a light on this particular
(24:15):
inmate and the other inmates behind thescenes, and how it's a reflection of
again, probably was going on everywhere. Stay tuned, we'll see on the
other side. Welcome back to SurvivingHis System. Thank you for sticking with
us. If you are listening liveon Fringe dot FM, remember the call
(24:37):
in line is one eight hundred andfive eight eight zero three three five eight
hundred five eight eight zero, three, three five. Love to hear your
stories, comments, questions, whateveryou would like to share. The phone
lines are open. So to wrapup what we were talking about before the
(24:59):
break is Nebraska Department of Corrections andhow the laws that are in place they
violate on a daily basis to keeppeople incarcerated even though they should be letting
them out according to the laws thatare on the books, but they don't
follow their own laws, which hasled to Nebraska being the second most overcrowded
(25:23):
prison population in the United States ofAmerica. Now again, let's go back
to what I said in the beginning. Take all of the information you have
in front of you, figure outwhat makes the most sense, and then
(25:44):
do the exact opposite. So takinga look at all of this information and
saying, well, now, holdon a second here, You've got all
of the laws on the books saythat you should be doing this, and
you should be letting people out andallowing them out earlier than they're in there.
You can't be denying them parole forall of this. No, no,
no, no, no no,even though that would solve the overcrowding
(26:06):
problem. No, no, no, you know what we need to do.
We need to spend near a hundredmillion dollars more of taxpayer money.
Let's just build a new prison.We'll just put more people in there.
Now, the funny thing is,would that solve the problem. I mean
(26:33):
maybe temporarily, because then you wouldn'thave overcrowding. It's so many facilities.
It might drop it down to lessthan emergency levels. It might get the
ACLU off your back for a minute. But they're always adding new laws to
the books. Basically, what they'redoing is they're forcing you into the system
(26:57):
because I guarantee you, I guaranteeyou you could be arrested and imprisoned at
any moment of any day. Becausethere are so many laws on the books,
they just don't enforce all of them. If they enforced everything that was
on the books, we'd all beinside, every last one of us.
(27:26):
So let's just open up a newprison. All they're doing is kicking the
can down the road, because they'regonna fill right back up because Nebraska is
going to keep breaking the laws thatare written, keeping people in longer than
they're supposed to be, and we'llbe right back where we were. And
then they'll ask for hundreds of milliondollars more to build another facility, and
(27:48):
there we go. Now very similarsituation California. So I sent a story
about a gentleman who's incarcerated and waspleading a case that he shouldn't be he
should he should be let go.And I see those all the time.
(28:14):
You know, there's always a case. Everybody that's inside. You could easily
make a case one way or theother. Whether whether anybody in the system
will listen to you, that's anotherstory. Probably not, because that would
then be admitting, yeah, wewere wrong, you were right, sorry
about that, and they don't.They don't do that. So I dug
(28:34):
into the website that came along withthis basically said, you know, hey,
here's the here's our organization, here'swhat we're about. So the organization
is called Without One Plea and thisorganization was started by an inmate named Lonnie
G. Schmidt in California Department ofCorrections. Technically they're the CDCR California Department
(29:02):
of Corrections and Rehabilitation. So whenyou've got time on your hand, you
may have heard the time of theterm jailhouse lawyer. A lot of people
when they're behind bars, when they'rein correctional institutions. You've got nothing but
(29:25):
time, and so you start tolook into the law because you know,
you know, in the pit ofyour stomach, with every fiber in your
being, that you were wronged andyou know that they did something wrong.
You just don't know what it is, but you know it's something. So
(29:48):
you dig into it, and eventuallyyou go through the law and you go,
man, look at they broke allthese laws. Look at this.
And they'll start fi filing motions andamendments and different hearings, and typically they're
ignored because let's remember here. Let'sremember the thirteenth Amendment to the United States
(30:11):
of America did not abolish slavery.What it did is it transitions slavery.
Slavery is only illegal except when usedas punishment for a crime. So when
you are punished for a crime,ie sent to prison, you are now
legally constitutionally a slave. They don'tSlaves have no rights. You can be
(30:42):
one hundred percent correct with everything thatyou have put forth, in all of
your evidence, with all of yourinterpretation of the law, you can be
correct, and they can still lookat you and go stay inside. Now
(31:02):
why because they make more money offof you when you're in there. So,
Lonnie Lonnie G. Schmidt, withoutone plea, what exactly did he
find? So? Procedurally, thestate of California when prosecuting felonies accepting plea
(31:26):
deals where Okay, I'll plead thisif you give me this amount of time,
that's the plea deal. They havebeen going about this business without any
kind of an indictment by a grandjury or on an information by a sworn
officer of the court. And thisis coming right off the information off their
(31:48):
website without without one plea dot com. The funny thing is these quote unquote
complaints. Plaints are only applicable tomisdemeanors or infractions, So if it's listed
(32:09):
as a felony complaint, legally thereis no such thing. A complaint would
then mean it's a misdemeanor or aninfraction. So a felony complaint is an
oxymoron. So the argument here iseither, well, first of all,
(32:32):
there's no you just made something up. There's nothing on the books saying that
there's a felony complaint, so youcan't charge us with a felony complaint.
Or secondly, hey, if itis a complaint, well, then that
means you need to drop my felonydown to either a misdemeanor or an infraction,
and those typically hold less time,So you got to let us out.
(32:58):
So you've got inmates in the Departmentof Corrections in California who are there
because someone in the system, anofficer of the law, police officer,
somebody at the court, the prosecutor, the defense attorney, even somebody.
(33:21):
Somebody has no idea what they're doing. They're just making it up as they
go along, and forgetting to doublecheck. Hey, let's make sure before
we do this that this is inline with the law and our rules and
regular Let's make sure that we're procedurallydoing this correctly so it doesn't come back
to bite us in the ass.They don't care. A sick profession marked
(33:50):
by incompetence, lack of training,misconduct, and bad manners. Then I
don't know that any truer words wereever spoken, not just two out of
the fifty states. I mean,how many stories have we heard coming out
(34:14):
in recent years. How many Netflixdocumentaries have been written and shown and filmed
and released for the general population totalk about these horrible miscarriages of justice where
somebody was sentenced for a crime theydidn't commit, or somebody was sentenced to
(34:37):
time and they didn't need to dothat much, so they got to be
led out early. I mean,think back a few years ago, there
was a bunch of inmates that werelet out early. This happened in Nebraska
(34:59):
too, munch of inmates were ledout early under LB one ninety one,
the good time Law. It's happenedin other states too. They're let out
early, and then the system comeback and goes, ah, you know
what, we messed that up.You actually still had another year left,
so come on back. And thisis years after the fact. These people
have reintegrated back into society. Ihave jobs, They've reconnected with their families.
(35:21):
Potentially, they are productive members ofsociety, and the system comes back
and says, hey, our mistake, Sorry about that, but get back
inside. Let's go. When Itell you that, my opinion is that
this system is set up to makeus all slaves. It's stuff like that
(35:49):
that I use as my case toback up my opinion. If the true
goal, if the true goal ofthe legal system and the punishment of incarceration,
if the true goal is rehabilitation,then Why would you take someone that
was rehabilitated obviously by example, there'senough evidence. Why would you take them
(36:17):
and put them back inside? Youknow, wai because they can you know
why, because they make more moneyoff you when you're inside. They have
to justify their jobs. If youhaven't heard the statistics related to plea bargains,
(36:45):
I hope that this opens your eyes. If you have heard it and
haven't really considered the true implications ofwhat it means, I ask you to
consider it a little more with me. Now. Something around ten percent of
all criminal cases go to court goto trial. Ninety percent of these cases
(37:13):
plea out. What that means isthe prosecutor will come to the defendant or
the defense attorney or both and say, look, I don't want to waste
time going to trial. Look ifyou just plead to this lesser charge,
(37:35):
do this as a punishment. Look, just don't make me go to trial.
Don't make me do my job,and I'll go easy on you.
And if you bockt that, thenthey go look, if you make me
go to trial, I will chargeyou with more. And even the judge,
even the judge will say, ifyou're wasting the court's time, I'm
(37:58):
going to hit you with the maximumand they'll slam down the maximum sentence that
they can all because all because youwanted to use your constitutional right to a
trial by your peers. If yousay, you know, you know what,
(38:21):
it's my right, I want togo to court, they will rain
down more hell and punishment on youthan if you just roll over and say,
okay, final take it. Andhere's the thing, they know full
well that it makes more sense logically, emotionally, financially for you to take
(38:45):
that plea, and that's how theyget away with it. That's how it
happened in my case. I mean, shoot, if I'd have gone to
court, which I looking back onit now, I'm like, man,
I should have, but I don'tknow that I would make the different decision
because I would have been facing likefive to ten years as opposed to the
(39:08):
one to three that I did.I couldn't do that to my wife and
kids. I couldn't risk that.And they knew that. They knew it
was a no brainer. You knowwhy, because the majority of the people
that go through the system are goodpeople. We're honest people. We just
(39:29):
made a mistake. But they needto justify their jobs. The funny thing
is if you take it to court, a lot of times you'll be walking
up to the courtroom door and they'lljust be like, look, fine,
look, just take I don't wantto have to do this. Just take
this last deal and they'll give youa really sweet deal and just be like,
(39:51):
look, men, just pay courtcosts and then we'll be done.
Okay, just just get out ofhere. So we have a system,
we have states fall of people whoshould not be there. If you read
the laws, read the regulations,read the policies, these people should not
(40:16):
be there. I shouldn't have beenthere. I should not have had to
have been there as long as Iwas, And I'm no different than all
of the other people that were there. That's how I know all of this,
because the people that I met insidethere are the ones that helped to
educate me on this. So herewe are with the highest incarcerated population of
(40:51):
any nation in the world. Wehave more people in prison here in this
country than any other country in theworld, and the highest recidivism rate.
They just keep coming back because myopinion, it is set up so that
(41:15):
when you get out, it isnext to impossible for you to succeed.
It is next to impossible for youto reintegrate back into society. It's so
much easier to just go back inside. And believe me, there are days
(41:37):
I have I've talked to my friendsabout this so many times, and it's
so funny how we all think we'rethe only ones that think that at the
time, but we all do it. Man, there are days and I'm
just like, it would be somuch easier to just go back inside.
I do not want to have todeal with all this crap. It would
be so much easier, so mucheasier. But that's why I end my
(42:05):
show every time. Keep your headup, don't let them get you,
man, I keep my head up. I'm not going to let them get
me. I'm gonna get out hereand I'm gonna bust ass and I am
not going to be a statistic Iam not going back in. I am
going to succeed, and I'm goingto expose what they're doing. I'm going
to talk about it. I'm goingto bring people on here to tell their
(42:27):
stories, and we're going to talkabout it until we're blue in the face.
We're going to talk about it somuch that eventually we're going to reach
that tipping point and more people aregonna know what's going on than don't,
and then we're going to be inthe majority, and then hopefully, hopefully
we can affect some real change.But for now, I mean, what
(42:58):
do we do? What do wedo? You've got a media that doesn't
talk about stories like this. Themedia is not going to cover this.
And I know I know it fora fact because I met with a media
representative and I'm not going to namehim because I like him and I respect
him, and I actually appreciate theway that he handled speaking with me,
(43:20):
and he was very upfront and openand honest with me. When I brought
all of this to him. Hewas doing an expose of the Department of
Corrections and he was talking. Hewas talking more about some of the high
level stuff like the easy easy fruit, the low hanging fruit. I heard
he was doing it, and Ireached out to him, said, hey,
(43:43):
I would love to discuss my experiencewith you. I have some information,
and I brought him a copy ofthe LB one ninety one and I
showed him word for word. Here'swhat it says, Here's what they're doing,
Here's what this says, here's whatthey're doing. And I remember him
looking at me going, I don'tknow that I want to do this.
(44:05):
You know, he was making thecomment he said, look, I in
the past, I went after somebig people and I nearly lost my career
for it. I don't know thatI want to do that again. And
you know what, I respect that. I'm not mad at him. I
(44:27):
can't fault him for that, becauseagain, that's how the system is set
up. Do you think do youhonestly think that if it was legitimate and
on the up and up, andthere was nothing to hide, that there
was nothing that was going on,no corruption of any kind. Do you
honestly think that they wouldn't just say, I mean, look, you're all
the taxpayers, you pay for allof this, Come take a look,
(44:51):
open doors, let's go. Butno, No, when you get a
journalist that says, hey, whatdo you guys doing there, they try
to run him out of town.Shoot. In some cases they probably try
to kill them. In many casesthey have killed them. Gary Webb,
(45:12):
for example. If you don't knowwhat I'm referencing, just google Gary Webb.
Go down that rabbit hole for awhile. So here we are,
and what do we do? Youknow, I always can get worked up.
(45:36):
I can feel it, man.I I don't know if you can,
but I can just go. Idon't have to stop, and I
don't have to pause, and Idon't have to follow all of my speaking
skills. And don't say um.Don't say anytime you feel like you're gonna
say UM. Just pause for amoment, collect your thoughts, allow the
thought to sink in. I'll justgo get talking a million miles a minute
(46:01):
because it just flows. I getso worked up. But that's not going
to do anybody any good. Mesitting here ranting and complaining. It's not
going to do anybody any good talkingabout it and exposing it. Yes,
because recognition is the first law oflearning and transformation. And if we want
(46:21):
to learn anything and begin to transformanything, we have to recognize what's going
on. So you know what,in this case, here's what I'm going
to say. Do some research.Google this stuff, man, Go to
the website. Go to the websitewithout one plea and just look at it.
(46:49):
Look into the about us, lookinto the unlawful prosecution. See where
they're coming from, and when theyreference a code or when they reference a
law or a subsection, look itup, read it for yourself to make
sure they're not taking it out ofcontext. And I will always, always,
(47:09):
always, always push back on thisas if not the first thing you
do, one of the first thingsyou do, you focus on your community.
If I was to try to tellyou right now, let's go change
the world, man, you knowwhat, let's go overturn these laws.
(47:31):
Let's go to Washington, DC,You'd probably be like, there's no way
we can take on the Washington DC. Are you kidding me? And I'd
probably be like, yeah, Iknow you're right, but let's go do
it anyway. I'm pissed. No, no, no, no no.
Start locally. Be a good humanbeing to the people around you. The
(47:52):
next time you see a story ofsomeone committing a crime, or being arrested
for something, or being acute tosomething, don't follow that knee jerk reaction
to point the finger. Do someresearch, send them a letter, ask
them, hey, what happened,And I guarantee you they will open your
(48:14):
eyes because whatever was published in themedia, whatever was published in the newspaper,
whatever you heard on the radio,whatever you read online, that is
not the full truth. Ask somequestions, do some research. Thank you
for your time. Don't forget thewebsite Surviving the System dot org, Facebook
(48:37):
dot com, slash Surviving the System, and on Twitter at STS the podcast.
I would love to hear your thoughts. I'd love to hear your comments
and your stories. Feel free toreach out. I hope that you have
found value in today's show, andremember, as always, as I just
(48:58):
talked about a few minutes ago,remember keep your head up, don't let
them get you. It may beeasy to look at all the corruption and
manipulation in the system and feel hopeless. Here at Surviving the System, we
hold to the belief that greatness isborn in the midst of extraordinary struggles.
You were created with a purpose,with infinite potential, and many have lost
(49:21):
sight of that back We're here toremind you of who you are. The
best revenge is success
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