Virginia Prisons Accountability Committee: June 2023

Friday, June 30, 2023

VADOC's Mission Statement


 VADOC's Mission Statement:


The mission of the Virginia Department of Corrections (VADOC) is to "safely provide effective incarceration, supervision, and evidence-based re-entry services to inmates and supervisees."

Here are some of the specific goals of the VADOC:

  • Ensure the safety and security of inmates and staff.
  • Provide inmates with opportunities to improve their education, skills, and behavior.
  • Prepare inmates for successful re-entry into society.
  • Work with communities to reduce recidivism.

"With all due respect to VADOC its not its mission to operate a victim of crimes program which its petty exploitation of victims of crime"

vapac

Thursday, June 29, 2023

For Those Who Don't Think Dogs Don't Bite

Credit William Thorpe
To all those who think dogs don't bite check these cases out and this is just a drop in the bucket.

  1. Dunmore v. Roop (2020) (casetext.com) U.S. Dist Lexis 2130761
  2. Walker v. Kiser (2022)  (casetext.com) U.S. Dist Lexis 56878
  3. Martin v. Methena (2009) (casetext.com) U.S. Lexis Dist.3856
  4. Edwars v. Kanode (2020) (casetext.com) U.S. Dist. Lexis 202884
  5. Awe v. Red Onion Prison (2014) (casetext.com) U.S. Dist. Lexis 35448
  6. Bowlinge v. Clarke (2020) (casetext.com) U.S. Dist Lexis 133010
  7. Jones v. Perrigan (2022) (casetext.com) U.S. Dist Lexis 202481
  8. Barbee v. Anderson (2020) (casetext.com) U.S. Dist Lexis 43133
  9. Miller v. Clarke (2017) U.S.  Dist Lexis 206383
  10. Goodwyn v. Roop (2019) (casetext.com) U.S. Dist. Lexus 159592
  11. Whitten v. Atyia (2019) (casetext.com) U.S.Dist.Lexis 103787
  12. Ward v. Kiser (2023) U.S. Dist Lexis 2267
  13. Wall v. Artrip (2918) U.S. Dist. Lexis 119415
vapac

Monday, June 26, 2023

Exploiting Victims of Crime and Scapegoating Virginia's Parole Process: The Backwardness of Executive Order Number Three (2022) By William Thorpe

 



One of the first things a newly sworn in Glenn Youngkin as Governor of the Commonwealth of Virginia felt was the most pressing, a priority, a corrective measure or the Commonwealth of Virginia as ship would crash into it's Titanic moment and Virginia's entire built on the enslavement of black people civilization and political-economy would encounter a perdition that would make child's play of the presumptions of it's Robert Lee and Stonewall Jackson was to sign Executive Order Number Three (2022) styled:

RESTORING INTEGRITY AND CONFIDENCE IN THE VIRGINA PAROLE BOARD AND THE COMMONWEALTH SYSTEM OF CRIMINAL JUSTICE

On January 15, 2022      Otherwise known correctly by the people as Glenn Youngkins scapegoating of Virginia's parole process. 

My Name is William Thorpe and I'm subject to and object of the Commonwealth's system of criminal justice referenced by Governor Glenn Youngkin      and I respond.

The Constitution of the United States in it's existence as supreme law only recognizes the accused and subject to and object of a criminal justice regime through provisions of the 5th, 6th, 8th, 13th, and 14th Amendments to the Constitution. Parole as dicta of United States Constitutional process is only infered as lattice an anticipation of the Declaration of Independence continuum of life, liberty and pursuit of happiness enlightenment. The victim of crime exist constitutionally only as object of and process for the accused, defined by the adjudication approximation of justice.

However reactionaries and the intellectually dishonest of the Commonwealth along with their backwards brethren from a number of states have seized upon the idea of exploiting victims of crime in pursuit of speculative political power. See: Article 1, section 8-A of the Constitution of Virginia styled as a victims Bill of Rights, settling forth inchoate provisions consequently setting up the victim of crime, family and loved ones with fraudulent and idealistic expectations during worst moments of a crime victims existence. Now if Virginia's jurisprudence specifically work from it's legal scholars and law schools to exact a non-jaundiced scrutiny of this dialectic presented by Youngkin's Executive Order Number Three (2022) and it's exploitation of victims of crime and the scapegoating of the parole process. The Virginia tax payer would agree with Pastor Harvey Yoder's comment to Harrisonburg's Daily News-Record: 

"Of the over 2000 who are parole eligible in Virginia's prisons the parole board released only one person in April [2023] and a total of only 14 since January [2023] this means either the Department of Corrections with its annual budget of $1.5 billion is utterly failing to "correct" individuals or the parole board is failing it's responsibility to release [prisoners]" Harvey Yoder of the Vally Justice Coalition.

Contrast Pastor Harvey Yoder's measured and insightful comments with Younkin's pandering's in his Executive Order Number Three (2022)....."too often, victims of violent crime are ignored, silenced and overlooked. Victims deserve to know their voices matter....." Youngkin's comments, the text of his Executive Order Number Three (2022) are misleading. If victims of violent crime [and why is the Governor of all the people of Virginia distinguishing crime? The slaughter of people by George Washington pre to his becoming President of the United States in service of Virginia's land seizure, the serial rape of Sally Hemings by Thomas Jefferson, a Virginian, the massive resistance by Virginians supremacist against school desegregation, the cavalier use of a racialist slur by a former Virginia Governor George Allen, thus revealing his supremacist pretentions, the conviction of former Virginia Governor Bob McDonnell and wife for fraud and money, $175k      all crimes] if victims of crime are ignored as claimed by Glenn Youngkin in his standing as Governor of Virginia. Virginia wouldn't have a prison budget of appx. $1.5 billion, even more so than its public education, meaning it imprisons convicted perpetrators of crime and those prisoners wouldn't be imprisoned, in most cases barbarically long and lengthy sentences that has nothing to do with justice and prior to Virginia regaining its senses and recognizing that civilized society's do not murder their citizens by abolishing the death penalty and the execution of it's citizens, it led the nation in the machinery of death, which thanks to the herculean work of NPR Chiara Eisner, in her January 19, 2023 "NPR Uncovered Secret Execution Tapes From Virginia More Remain Hidden." reporting revealed that: The Commonwealth of Virginia was such a failed state stuck in the miasma of it's antebellum heritage that it couldn't even comply and follow it's own macabre and grotesque procedures to kill people. Because Virginia Department of Corrections officials carrying out and during the execution of Richard Boggs were practically operating outside the scope of their authority, meaning extra-judicially because they were without the legally mandated contact with the governor of Virginia and the authority to pause or call off the execution. To quote Chiara Eisner....."If the Governor wanted to save Bogg's life, he would need to be connected with someone in the death chamber quickly. Minutes passed, however, and the issue appeared unresolved."...."Let me call switchboard and see what's going on." one of the workers interjects, before a line appears to go dead. Boggs was eventually executed." If as Governor Youngkin propagandizes in his Executive Order Number Three (2022)....." victims of violent crime are ignored....." what does the execution to wit the killing and murder of Richard Boggs by officials of the Virginia Department of Corrections reveal? First of all the execution was done in violation of Virginia law and procedure, because there wasn't contact with the Governor. Secondly the quest to respond to "victims of crime" turned into blood lust. Now a for itself fact, why is Virginia's criminal justice infrastructure its primary economic locomotive? Everything from the manufacture and production of police uniforms, judge robes, the assorted clerical materials used in adjudicating the accused. Cop cars, the maintenance of all vehicles used in the work of criminal justice, the education of all the human elements in its employ, at jails, prisons, medical and mental health institutions       The entire criminal justice system is an industry single-mindedly focused on and catering to the victim of crime.

Just as speech sets humans apart from beast. Parole as function of America's criminal justice approximates redemption from medieval barbarity and it's gratuitous vengeance. It's simple not even the most savage philistine Republican can dare defend criminal justice adjudication as unambiguously laying claim to an omniscient excavation of whatever beyond reasonable doubt assumes. The subject to and object of criminal justice process has a universe of mitigating facts that practically the social contract as it exerts its utility as base tyrant could care less. For the simple fact it's tyranny exits as embodiment of the crime victim and their interest.

The American social contract and application of it's adversarial criminal justice system already factors, is established on and weilds it's legitimacy on the repair of the victim. So when the Commonwealth of Virginia subjects a member of its society to process of its justice system, contrary to the dubious wording of Governor Glenn Youngkin's Executive Order Number Three (2022), it does such in the voice and demands of the victim as understood within Virginia's social contract and Constitution.

The crass exploitive nature of Governor Youngkin's conclusory declaration that victims of violent crime are ignored is exposed as deliberately misleading by an exhaustive existence of court actions and judge rulings all affirming the primacy of the victim of crime interest by declaring the convicted does not have any right to parole release: See below

The above listing starting with a 1978 case, 45 years before Governor Glenn Youngkin lectured us in his Executive Order Number Three (2022) that "victims of violent crime are ignored silenced and overlooked. Victims deserve to know their voices matter," was already recognizing the crime victim.

The Commonwealth System of Criminal Justice

Black's Law defines justice: The fair and proper administration of laws [I ask the reader to research what is "fair and proper" within a social and political-economy reality] Black's Law defines law: The regime that orders human activities and relations through systemic application of the force of politically organized society, or through social pressure, backed by force, in such a society, the legal system, respect and obey the law [again I ask the reader to understand this through their lived experience and to the extent of understanding the historical struggles in all context underpinning this definition]

So we reach this point of the Commonwealth's system of criminal justice. In that revealing manner Virginia's criminal justice has a hidden and ulterior motive that is clearly stated in the 13th Amendment to the Constitution of the United States.

"Neither Slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction."

Newly freed black people after the Civil War were conveniently returned to slavery, just as the majority of Virginia's modern, specifically urban young black and now Latino males from the ages of 17 through 25 are transformed into chattel slaves in Virgina prisons under the brutality of Virginia Department of Corrections....." As a punishment for crime whereof the party shall have been duly convicted....." In 1871; Virginia Supreme Court told us in Ruffin v. Commonwealth 62 Va.790; that the convicted prisoner [was] the slaves of the state.

So what is Governor Youngkin talking about that victims of crime are ignored       when all convicted to wit in 2023 Virginia prisons under the Commonwealth system of criminal justice are slaves, chattel slaves because of the heeded and front center victims of crime being the value of the criminal justice system?

I'm William Thorpe, Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright Unit

Sunday, June 18, 2023

VFW's Should Call Out The Travesty of Justice Masquerading As Law and Order By William Thorpe

 


Wouldn't it be refreshing if a number of VFW post [Veterans of Foreign Wars] would set up and say okay if the nation wants to acknowledge their sacrifice in defense of the nations Constitution and social contract, folks and all of those who rote like say "thank you for your service," should be calling out the travesty of justice masquerading as law and order from scapegoating of poor people of all ethnicities in all circumstances, starting with the criminal justice system to the obscenity of politicians, especially Republicans and conservatives practicing the perverse logic of being pro-life while imposing idealistic speculation on actual, existing life. Maybe, just maybe people will come up out of their heads in the sand-ostrich syndrome. 

Eve Ate An Apple? So Eve Ate Something

Politicians will say anything they think that's where the people are, the people under the stress of daily existence it's antagonisms and contradictions. The social condition the average tax payer is in has nothing to do with politicians and it sure as hell has less to do with Eve ate an apple? But it has everything to do with, is a direct result of the level of interest and attention the tax payer has towards understanding why for example inflation is a leaky bucket on their finances even as corperations are so engorged on profits from the inflationary squeeze that we are reminded of leeches and ticks bloated with blood.

There isn't a Veteran who has sweated, shed blood and labored for the nation on its myriad battle fields in its infinite wars starting with the Civil War or war between the states, that as bullets whiz by, concussed and deaf from the ever pronounced sophistication of ordnances cares about the presumptions and logic of the think tank and its sophistry that never can and never will genuflect before the nations Constitution and social contract yet is the cause and reason for all wars       that is then idealistically condensed into "thank you for your service."

Once upon a time an American who would become Commander in Chief assumed Presidency upon the defacto insult and spit in the face of all veterans and active-duty military elements with the perversion "the government is the enemy." Where was the rousing "no" from the VFW. Isn't the United States Government, "we the people....."? Isn't the VFW that old war horse that old, "let slip the dogs of war...."? The arms of the people? Isn't the people, this we the people that is defined by law? A law which for a very, very, very long-time soldiers on their way to being veterans have sweated, bled and died in its defense? So why do we find VFW cowed and kneeling before sophistry that negates their very existence as it masquerades as law and order under the most childish, backward and spurious speech.

I'm William Thorpe Virginia exiled me to the Texas prison system. I'm solitary confined at the Wainwright. Unit.

Tuesday, June 13, 2023

Nikki Haley, Tim Scott and Republicans Say Racism Doesn't Exist, Well Federal Courts Say It Does, Listed Are Case Facts By William Thorpe


Pixabay

The Federal Courts for The First Circuit:

  1. Frith v. Whole Foods MKT. Inc.517 F. Supp. 3d 60 (2021)
  2. Frith v. Whole Foods MKT. Inc.38 F.4th.263 (2021) (castext,com)
  3. Alston v. Town of Brookline 997 F.3d 23 (2021) (castext.com)
  4. Azeez v. Lifespan Corp.2022 US Dist (.Lexis 185326) (2022) (casetext,com)
  5. Lovering v. Massachusetts 2016 US Dist. (Lexis 66726) (2016)
  6. Hale v. President and Trustees of Bates College 2022 US Dist. (Lexis 22016) (2022) (multifiles.pressherald.com)
  7. Fournier v. Massachusetts 498 F.Supp.3d 193 (2020) (castext.com)
  8. Alston v. Town of Brookline 2016 US Dist .(Lexis 135974) (2016) (casetext.com)
  9. Gordon v. Massachusetts Bay Transportation Authority 2014 Us Dist. (Lexis 152746) (2014) (casetext.com)
  10. Pins v. Children's Place 740 F.3d 785(2014) (casetext.com)
The above are just ten lawsuits from the jurisdiction of the First Circuit, all recent so considering that we expect our politicians and those who would presume leadership to tell the truth, not fudge nor deceive, we ask those who have unambiguously stated that the Nation isn't racist to account for the reasons necessitating the above listed lawsuits. I'll keep listing the rest of the circuits.....

Hey folks the First Circuit started the ball rolling that Nikki Haley, Tim Scott and the rest of the Republican Party are lying when they squeal that the Nation isn't Racist. Here is the Second Circuit saying here are our proof that a Nation built on the denial of the humanity of enslaved Black People for the specific purpose of labor exploitation and waged civil war for resolution of what one of the arch supremacist racist, Jefferson Davis declared as "Stamped from the beginning "and the blood of that black and white fraternity of soldiers who fought to preserve the Union from its monstrous anticipations was cavalierly and cowardly betrayed by the infamous 1876 compromise, which in turn gave air to the pathetic E. Pollard and his idealistic Lost Cause and its Jim Crow spawn. Hasn't stopped its dismissal of the humanity of black people and the fact Black Lives Matter. Listed are cases from the Second Circuit because racism is an American fact and the resurrected George Wallace in Ron DeSantis breathes it.
  1. Caplan v.L Brands/Victoria Secret Stores LLC.210 F.Supp.3d 744 (casetext.com)
  2. Williams v.Jersey Shore Area School District (2023) (casetext.com) (US Dist.Lexis 86791)
  3. Melbourne v.Beecher (2016) (casetext.com) (US Dist.Lexis 84925)
  4. Phillips v. Starbucks Corp. (2022) (casetext.com) (US Dist.Lexis 157124)
  5. Henderson v.Pennsylvania State Univ.(2022) (casetext.com) (US Dist.Lexis 50210)
  6. Nuness v.Simon and Schuster Inc.325 F.Supp.3d 535 (casetext.com)
  7. Holt v. Pennsylvania (2018) (casetext.com) (US Dist.Lexis 87142)
  8. Tice v.Winslow Twp Police 2014 US Dist.Lexis 94147
  9. Lacontora v.Geno Enters LLC.(2022) (US Dist.Lexis 51739)
  10. Mason v. Roman Catholic ArchDiocese of Trenton (2019) (casetext.com) US Dist. Lexis 195973
Here are the Fourth Circuits submissions:
  1. Imungi v. Virginia Commonwealth Univ. (2023) (casetext.com) Us Dist. Lexis 88344
  2. Banerjee v. Allstate Prop. (2022) (casetext.com) US Dist. Lexis 234804
  3. Banerjee v. Allstate Prop. (2022) (casetext.com) US Dist. Lexis 191634
  4. Legendre v. Money (2019) (casetext.com) US Dist. Lexis 187866
  5. Young v. Columbia Farms Inc. (2018) US Dist. Lexis 150928
  6. United States v. Barton 997 F.3d 203 (casetext.com)
  7. Structural Press. Sys. Llc.v .Andrews (2013) US Dist. Lexis 102511
  8. Wash v. Commonwealth 75 VA.App.606
  9. Propel People v. Roach 2020 US Dist. Lexis 261030
  10. Nimmons v. South Carolina Dept. of Corr. (2018) (Leagle.com) US Dist. Lexis 105710
I'm William Thorpe exiled to the Texas prison system by Virginia and I'm solitary confined at the Wainwright Unit