Monday, August 24, 2009

Sex Offender framed by Fed. Judge Thomas M. Coffin when he was a U.S Attorney

Thomas M. Coffin, A Federal Judge in Oregon, framed a man for murder and rape when he was a United States Attorney. Not only did he frame this man but he asked the judge to give this man 2 life sentences and to have this man surgically castrated. How did he frame this man? Being the prosecutor on the case, Coffin, withheld evidence that would prove the man's innocence. Coffin also introduced circumstantial evidence that were obtained through an illegal search and seizure due to the fact that the search warrant had never been executed. Let me say before I give you the story, that before this man went on trail for the murder/rape, he was offered a plea bargain: A Guilty plea and he would do no more than 7 years in prison and he would be eligible for parole in 24 hours (He had already spent more than 1 year in prison because he would not let his parents put their home up for bond.) He was offered the plea bargain 3 times, and turned it down each time stating "I am innocent!" Let it also be known, that after his 3rd trial, the trial that finally got a verdict, it was overheard that several jurors questioned "Why wasn't he found with blood on him?" "She was beat, so why didn't any close ups of this man at the time of his arrest show any bruising, wounds ?". Then years later, it was found out that there was a statistician among the jurors who had convinced all the jurors of this man's guilt by "running the numbers."

Read on:

I wish to tell you a true story of the cover up by federal officials and prosecutors of evidence, an illegal search and seizure, conveniently destroyed evidence precluding DNA exoneration, and eliminating certain government witnesses. These facts are supported by:

Victim photos/crime scene photos
Crime scene investigation notes
Trial transcripts
FBI Reports
Forensic Reports
Tape Recordings of investigation

The actions of federal officials are no different than those committed by the prosecutor in the Duke University Case.

The case that I am about to tell you reflects not a pursuit for justice- but a sating of career ambitions and appeasement of the Mexican Government. It will also tell how not one but two suspects were investigated. One suspect, Michael Kennedy, my husband of 2 years, was employed by the Federal Protective Services in San Diego, California. His job was akin to local police officers duties except on a federal level. Michael has no history of sexual mis-conduct, no history of violence and was living with his parents at the time. His only crime was that he smoked “Kool” brand cigarettes. The other suspect, R.B., who was also a federal protective officer. He had applied for a US customs position that Michael had ultimately received. R.B. had a history of sexually abusive behavior, pornography, and a history of violence and disciplined for making sexual remarks to children. R.B. also had a brown belt in Karate-strangulation could have been caused by a karate chop to the throat- and a former motorcycle gang member. Two witnesses were not allowed to testify. One was R.B.’s girlfriend who was going to testify about his tendency to violence behavior and his sexually abusive behavior. The other one was a female colleague who was going to testify that R.B. had asked her out, when she denied, he stated: “You think you’re going to end up like the other one? You are as dumb as she was!” To a woman, this is threat. It signifies that he may have asked Maria for sexual favors, and when she turned him down, he proceeded to take those favors by force. Interestingly still, despite R.B.’s history, and the fact that he was “O” positive blood type, the investigation on him did not continue as 1) he did not smoke 2) he was a secretor.

On Friday Nov. 23, 1979, Josephine Felix, a resident of Corcoran, California, drove to Tijuana, Mexico, for the purpose of smuggling her sister-in-law, Maria Lopez deFelix, into the United States. Maria was in the trunk of her car and at the Port of Entry in San Ysidro. A customs inspector discovered Maria and turned the two women over to the Immigration Officer for questioning. Both were photographed, and put into separate cells. Around 1:30 a.m. on November 24. Maria was released. She was pointed toward a set of double doors behind which a corridor would take her back to Mexico. Passing through the double doors, Maria encountered Michael Kennedy, who was just returning from the cafeteria. As Maria appeared lost, and Kennedy not knowing any Spanish at the time, he escorted her over to Customs Inspector Clooney, who directed her towards the corridor to Mexico.

On Monday, November 26, 1979, around 10:00 a.m., some thirty three hours after Maria was ordered back to Mexico, she was found murdered in an alleyway behind the Old Customs Building at the Port of Entry. She appeared to have been beaten, raped and strangled. Investigation disclosed that she had been murdered in the Old Customs Building. In the surrounding area, investigators found pieces of Maria’s gold chain, a torn tassel from her shawl, a slip of paper containing the address of Maria’s aunt, and Maria’s gold-plated religious medallion. Her shoes and purse were found hidden in the toilet tank of one of the adjoining cells. Investigators also came across several “Kool” brand cigarette butts and pieces of masking tape.
Michael Kennedy became a suspect because he was one of only two people on duty that night that had possessed a key to the pad-locked gate to the area that the murder occurred, and because he smoked “Kool” brand cigarettes. Michael was scheduled to work from 12 midnight on Saturday Nov. 24 to 8 a.m. Sunday, Nov. 25, 1979. He routinely walked as part of his patrol the area where the murder had occurred. After his first 2 trials ended in hung juries, Michael was convicted at a third trial of the rape and murder of Maria Lopez deFelix and sentenced to 2 life sentences. (Thank God Coffin did not get the other he demanded: Castration!)

Time of death is crucial to the guilt or innocence of Michael Kennedy as Maria was found on Nov.26, 1979 at 10 a.m. Dr. Thomas Naguchi, an expert witness for the defense and Chief Medical Examiner for L.A. County, testified that the victim died 4-6 hours before she was found. The key here is that the close ups of the victim’s face were not released as evidence at any of Michael’s trials to substantiate Dr. Naguchi’s testimony. The victim did not have any fly larvae deposited in her eyelids at the time her body was discovered. Per Dr.Naguchi, fly larvae would have been deposited in the victim’s eye lids 4-6 hours after death. Counting back the hours, Michael was not at work when her death occurred. For the prosecution, Dr. Luibel, Chief medical examiner of San Diego County, placed time of Death 24-36 hours before she was found. Thus, the with-holding of the victim’s close ups of her face was necessary by the prosecution to get a conviction.

Another example is the removal of former FBI Special Agent Frederick Wallace after his testimony as an expert witness as a hair identification expert for the government. Agent Wallace’s testimony was contrary to the government’s case. He testified at Michael’s first trial that the four or so hair strands found at the crime scene did not match Michael’s hair. Special Agent Wallace was unavailable to testify at Michael’s 2nd and 3rd trials due to “medical” problems. Another FBI hair expert was consulted who testified that they could have been Michael’s hair.

The other evidence that was submitted was the result of an illegal search and seizure. This is just further demonstrated to the lengths that federal officials were willing to go to obtain a conviction. The search warrant was never executed. Rather, FBI agents Jerry L. Barnett, Kenneth A. Vardell, and James M. Bird, told Michael’s parents, that they had a warrant and would need to search the house. During this search, they seized one uniform jacket, uniform pants, uniform shirts, shoes, pocket knife and a roll of masking tape.

Other evidence not released during trial:
2 separate FBI investigative reports placing time of death 8-10 hours before body was found
An investigative page from Special Agent Kenneth Vardell that reflected:
Blood grouping analysis of a bloody tissue at the crime scene was “O” positive
Blood grouping analysis of the victim was Type “A” positive
Blood grouping analysis of Michael Kennedy was Type “A” positive.

Information on the testing done for secretor/non-secretor (a secreter secretes his blood type in his semen, a non-secretor does not). It was found that since the victim had not bathed nor changed her panties for more than 24 hours, that would result in the natural build up of bacteria. Couple that with the build up from the urine that was excreted at the time of death, destroys the ability to identify a secretor from a non-secretor. Further note that all possible body fluids were accidentally destroyed by other evidence collection processes and could not be used later for DNA testing as it was unavailable in 1979.

I need to also point out, that during his investigation and trials, the Federal Officials investigated Michael with the rape and murder of Ramona Hernandez in San Diego. They seized his car and demolished it while searching for evidence. They found blood, which turned out to be canine. The previous owner of the car when questioned stated that her dog had been hurt and bleeding and she used her car to transport the dog to the vet. Several witnesses’ testimonies and time of death made it clearly evident that Michael did not commit that crime. That murderer, too, has never been found, as once again, the federal officials spent so much time and energy in trying to also convict my husband of it.

For years after his conviction, my husband continues to claim his innocence and continues to fight for justice. All of his appeals go unheard. The most recent denial: Judge Larry Adam Burns, U.S. District Judge for the Southern District of California, issued an order barring the filing of any document related to the criminal conviction of Michael Edward Kennedy, to preclude any inquiry into the actions of his former colleague and long time friend- Thomas M. Coffin, now a federal judge in Oregon. Coffin was the prosecutor, along with FBI Special Agents Barnett, Vardell, and Bird, did not notify the court that the items involved in the search and seizure were obtained illegally without the execution of a search warrant.

My husband has been very cooperative: underwent 4 polygraphs, submitted his blood for the national DNA data base and never once has violated the conditions of his parole. He was released in 2000 after serving 20 years in Federal Prisons all around the United States. Federal Prisons transfer their prisoners every 2-5 years to another prison. He continued to go to his psychological counseling that was ordered by his parole officer since 2000 in the Sexual Offender Program. Normally, the counseling is only for 2 years, but the PO, in his attempts to break Michael down, forced him to go 2 x month. (The counseling is currently suspended as Eastern Shore Psychological Services refuse to see Michael since he is suing them) Every parole hearing, he has attempted to be taken off supervised parole. The last one he was turned down was in Dec. 2008. Their reasoning being:

1. He is currently appealing his sex registration. (Under Maryland law he is not required to register as his conviction was prior to 1997.)
2. He has not been currently employed for 3 years. (He was laid off from work in Aug. 07 and began a new employment in July 2008)
3. He has not been at his residence for 3 years. (This is an error. He has had the same residence for 5 years)

I hope when you read this, you will want to see justice done as much as we do. To think that these federal officials are still out there and could be possibly repeating the same cover-ups is an injustice to everyone. Of course, we know they are, as we read in the news just a couple of weeks about the man who was released after serving 21 years for a rape/murder that he did not commit. Not only are they out there repeating the same cover ups but they are profitting from getting difficult convictions. Isn't that true Judge?

Sunday, August 23, 2009

New Rental Ordinance Proposed For Sex Offenders

They can't get a residency law passed for sex offenders in Delaware so now one town is proposing an ordinance that prevents landlords from renting to a sex offender if the house/apartment is within so many feet of a school, daycare etc.! In addition, they have to alert everyone within 500 feet of the rental, that a sex offender is living there. In Laurel, DE the town is trying to make this a law. Talk about ridiculous!! When will it stop? All this law will accomplish is landlords will not rent to any sex offenders because they do not want the hassle of alerting everyone within 500 feet of the rental. Nor do they want to deal with the huge number of complaints they would get from these residents once they are told that a sex offender lives within 500 feet of their home. We all know what happens then...many more sex offenders will become homeless. These "feel good" laws that these stupid politicians are trying to get passed is just them trying to make themselves popular and to gain votes. This is never going to end until every sex offender and their families and friends decide to come forward with a petition or publicly express their concerns. Right now because of the fear of vigilantism, retaliation from parole officers, law enforcement and the like, many stay quiet and just take what ever is handed to them. Our numbers are strong and then add in wives, girlfriends, mothers, other family members and friends, we would be a force to reckon with. Together, we could make changes.

America prides itself on its education, its Constitution, and its freedom. Yet the very people who are voted in to uphold the American way are working tediously to deny these things to a small group of people. When you consider other criminals, such as drug dealers, who do not become a scum of the earth, nor are they denied all rights, but yet, they have one of the highest recidivism rates. They, too, cause long lasting harm to the children. Giving away candy laced with drugs just to get the children addicted, then forcing them to buy it after they are addicted. So, to get this wonderful candy, the children turn to stealing. Many will grow up still addicted, doing anything for their next high. Talk about education. No one in legislature is interested in educating the public on the facts. They would rather use fear tactics, lie about the facts, and shine with proposing "feel good" laws that do nothing to protect but do everything to make matters worse.

To be quite honest, I'm ashamed of what America has become. Government goes out of its way to do everything in its power to encourage non-Americans to come live in America. Reduced mortgage rates, tax free purchases of homes and businesses. Haven't you ever wondered why so many foreigners are buying up all the Mom and Pop markets? Reduced to zero mortgage rates for 7 years. So after 7 years, they sell the business to an Aunt, Uncle, or cousin. They do this for non-Americans and then they think they can strip all rights away from sex offenders.

My husband's lawyer once told him, "You do not have the same rights that a John Doe off the street has." He was being nice. My husband, just like all other sex offenders, does not have any rights. He can never be the victim. If he were beaten on the street, just for being a sex offender, law enforcement officials would find some way to blame him for being beaten. When my husband went to register as a sex offender, I went with him. I was worried about vigilantism. So I asked the deputy about it. He told me that they were very tough on vigilantism and all I would have to do is call "911" and they would be there in a flash. I had to bite my tongue to keep from laughing. Did I really believe that anyone from the sheriff's dept or from the state police's dept would "come running" when a sex offender's address pops up on a "911" call? HELL!! NO!!!!! But I am concerned if we need to call "911" for a medical emergency. How slow would they respond? I'm so glad I am a nurse, even though I can't work because of my back pain, I still know enough to keep someone alive until help arrived, even if they did do a slow crawl.

I guess I am done venting. When I read that article on the computer on WBOC's website, I just had to write my thoughts. Every so often, things build up, to keep from exploding....I blog. Laugh if you will. But until you try it...you don't know what your missing. You can write for anyone to read, remain as anonymous as you want. It feels empowering when someone comments, even when it is negative, because someone actually reads what you write. I am really moved by many of the comments I get from those who are suffering just as we are. It helps to know that we are not the only ones though some days, it sure does feel like it.

Saturday, August 15, 2009

The Maintenance Polygraph

On Aug. 13, 2009, my husband had his maintenance polygraph. He said that although it was not videoed, he believes it was taped, though he was not apprised of the fact. Thank God this man who gave my husband the test was not an Ass Hole like his previous one. He did not get bent out of shape when my husband refused to sign the documents stating that he released them from anything nor did he sign the document stating he was undergoing this polygraph willingly. This polygrapher did prepare my husband for the test as per protocol, unlike the first guy. The questions were: 1) Have you lied to anyone who trusts you? 2) Have you lied to anyone in the position of authority? 3) Have you engaged in any unwanted sex since your release? 4) Have you ever had any sexual activity that you would be embarrassed of it became known? 5) Have you lied to me when you stated that you would be honest with me when you answered the questions? 6)Have you done anything to violate the conditions of your parole? We are positive that his PO is going to be livid about the questions asked. Why? Because none of them were about the Walmart incident, or about any of the things his PO is trying to pin on him. (If you recall, his PO is trying to put my husband behind bars...he told me so when the PO first met me during his 45 minute rant, trying to get me to NOT marry my husband.) Although my husband was not happy with having to take the polygraph....he was happy with the way the polygrapher conducted himself and the test. (The polygrapher even gave my husband a cough drop when my husband had a coughing spell courtesy of his severe bout with bronchitis) Now, we are hoping that the polygrapher continues to be professional and not lie about the results of the exam. My husband and I are positive that his PO had quite a long talk with the polygrapher before we got there. (Yes, I did go with my husband as I always do to offer support and my love.) We are sure that during the PO's conversation with the polygrapher that he mentioned how manipulative my husband is(that's the PO's opinion. My husband is not manipulative...just fighting for his rights and for justice) and he wants my husband back in jail. We are also positive that if this polygrapher doesn't, that his PO will schedule him for another polygraph with a different polygrapher A.S.A.P. If that's the case, the P.O.'s supervisor is going to get a call from me. At present, my husband is preparing some kind of legal document that includes the polygraph. (He does so much legal work: appeals, habeases, etc. that it's hard for me to remember which is which. LOL.) I don't know if I have ever mentioned it, but my husband used his 20 years in prison to study federal law. He is quite capable of litigating his own cases.

Needless to say, I have not heard back from the PO's supervisor after I talked to him about the conduct of this PO towards me (the inappropriate remarks, verbally forcing me to leave the preparation of dinner to sit down with my husband and listen to his BS...the dinner ( shrimp) I had to throw away because it had sat out for 30-45 minutes, uncovered while the PO stood over it....yuk!!!). I really didn't expect any response. While researching the job descriptions of Parole Officers, I found (not surprising to me) that his PO does not do most of the things he is supposed to do. Such as supporting and aiding his parolees to finding resources and employment to help them improve their lives. All he does is harass my husband, lie about things and to do anything he can do to get my husband back in prison. I still wonder how he can monitor his other parolees since he is sooooooooooo obsessed with my husband.

Oh well............This is my life, Wife of a sex offender, and though I wish things could be different, I love my husband and will always be by my husband's side. So this is our life....and we are living it the best way we know how. His parole officer, the conditions of his parole, the having to be registered....none of that nor anything else will make me walk away from my husband and our life together.

Have a great weekend and thanks for reading my blog!!! I hope my blog helps other's out there in the same position. I know I have connected with alot of people through my blog. Like I've told them and this goes for anyone...Keep in touch and if you ever need to just vent...I'm here for you!!!!

Wednesday, August 5, 2009

The Injustice of it all

My husband's so called maintenance polygraph is scheduled for later this month. It will focus on crimes he may have or may not have committed while on parole. It was not court ordered, nor ordered by the parole commission, but was ordered by his obsessed P.O. My husband, who must live his life under a conviction for a crime he did not commit, has been the perfect parolee. He has never broken any laws, he is married and we have a happy marriage, he has been at the same residence for 5 years, and he is employed. But because he dared to argue that under Maryland law he was not required to register as a sex offender (his conviction was in 1979), his PO is out to throw him back in prison. Thus, the polygraph. One deep breath, one skipped heart beat or even one twitch and he is back in prison for failing his polygraph. It doesn't matter that polygraphs are not admissible in court.....the parole commission runs by their own laws. His last polygraph was rigged. My husband was asked a series of questions but when the results were released, the questions were out of order than the way they were asked during the polygraph. (We did ask that this polygraph be taped or videoed and were told that they would try. Which tells me that it won't be!) He did not return to prison, but was continued on supervised parole. (He was told prior to his first polygraph that if he did not answer any or all of the questions but pleaded the 5th, that his parole would be revoked and he would go back to prison!) This polygraph is supposed to be only 5 questions. His lawyer is unable to get any answers as to what those questions might be. The PO nor his supervisor state they have no idea. LIARS!!!!! I use to believe in justice, the government and the law. If there is justice, why was my husband convicted of a crime he didn't commit because FBI agents were allowed to get away with an illegal search and seizure and with holding of evidence? Why won't any court re-open his case when the evidence and facts(including crime scene photos and investgation notes) are presented to them during my husband's appeals? (To re-open the case would mean that if found innocent....every case these 3 FBI agents and this judge have been involved in for the last 30 years would come into question. So it is easier to allow one innocent man to suffer. This is injustice!) Why does the government allow the Parole Commission and the Parole Officers to follow their own laws? (Seems they make up new laws whenever it suits their cause) Why are there such draconian laws that focus on only one type of criminal? ( Sex offenders have the lowest percentage rate of recidivism. ) Why are all sex offenders grouped together under the label of pedophile? Talk about injustice!!!!!!

Once they get away with doing this polygraph, they can demand a new one every 6 months. Who or what will be next.? If it can happen to him....it will happen to every sex offender that is registered. What will they demand next and label it as part of his condition of his parole? It wouldn't surprise me at all if they try to tell him that its against the conditions of his parole to even be married!!!! After all, his PO doesn't like me. I dared to ignore his lecture when he tried to dissuade me from marrying my husband.

I use to be an optimist. No longer!!! It doesn't matter what a person does or doesn't do........or how well a person tries to follow the rules or how "good" a person is..............none of that matters. (I'm still trying to hold onto my FAITH and I still believe it will matter when you are no longer among the living) But while you are still among the living.........once an injustice, always an injustice. Its like he's the scapegoat. Someone got away with doing an injustice to him once...so now everyone is kicking him while he's down. He did have a great Parole Officer once. I think she was promoted so now he's stuck with the obsessed one...the PO with a major attitude problem.....the PO who thinks he is GOD himself. I don't know why his supervisor is standing behind him. Nothing was done about my complaints about his inappropriate behavior. Nor do I expect anything will ever be done!

I just know that unless we ( wives, mothers, daughters, friends of sex offenders and sex offenders themselves) all act as one, we all brave the public eye and stand up for the rights of sex offenders.....these injustices will continue. Politicians will continue to pass these draconian laws because it makes some "feel good". The parole commission, the parole officers, even those who up hold the law will continue to do injustice to our loved ones. And in doing so...... neither they nor us will ever be able to live our lives to the fullest! We will never be able to say that America is a land of the free.......we will never be free unless changes are made.

Thank you for reading my blog and allowing me to vent. Life is just so unfair but we need to act as one.......so that all may be able to live!