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Abuse of Discretion -


You will be viewing a prison cell extraction by violent and sadistic Washington State prison guards, extracting Steven Darby McDonald, when they refused to provide him with his legal materials at the behest of the Skagit County Prosecutor’s Office, so he could not represent himself again on the retrial of his case after his conviction and mandatory life sentence for “burning a doormat that discolored a motel room door” was reversed by the Washington State Supreme Court. See State v. McDonald, 143 Wn.2d 506, 508, 22 P.3d 791 (2001), for this assessment of the charges on page 508 of the court’s opinion.
1.     Washington State has the distinction of having the most brutal and sadistic prison guards and police officers in the entire United States of America. Don’t believe it? Well, go online and check out the veracity of the following acts of wonton violence.
2.     A 95 lb., 14-year old juvenile female recently was severely beaten in Kent, Washington at the Kent Justice Center, after a 250 lb. jail goon claimed he felt “threatened” by her actions of removing her shoes and kicking them out the door. Jail video shows this big ol’ girlyman running into her cell and pummeling her to the ground, and then repeatedly punching her in the face. Yet a Washington State jury comprised mainly of lackeys, stooges and system puppets can’t seem to find he did anything “wrong”. Why? Because they’ve been brainwashed by law enforcement’s propaganda machine that consistently claims nothing they do is wrong. That everything they do is necessary to protect the public’s interests. Including beating the daylights out of this poor girl.
3.     This mindset has now resulted in a contagion of criminality running rampant through Washington’s law enforcement agencies.
4.     Do the following acts by law enforcement agencies appear to be necessary to “protect” the public’s interests?
5.     A Seattle police officer recently shot and killed a Native American wood carver in a downtown Pioneer Square park. John Williams, who naturally was holding a knife applying his trade, which was later determined to be closed, was known throughout the community as a woodcarver who took work to this area to sell his wares. A panel investigating this tragic incident recently recommended the officer be formally charged with a crime because the actions were not justified under the circumstances.
6.     Many of Washington State’s police officers have acted like vicious psychopathic killers, who should not be allowed to carry firearms. Including the Chief of the Tacoma Police Department! Yet when they commit vicious, outrageous atrocities, these facts are quickly hushed up and forgotten by the public, as they are removed from mainstream media attention.
7.     Such is the case of the Chief of the Police Department for Tacoma, Washington, who murdered his wife in front of their two children and then turned the gun on himself and blew his head off. Subsequent newspaper articles and investigations of the incident revealed that the only way you could get a promotion within the Tacoma Police Department was to have sex with him or group sex with him and his wife. These facts were known before this incident took place, yet no one in the department said a word about, further engendering a culture of corruption by allowing it to run rampant. Now that he’s dead, dozens of civil suits have been filed seeking financial compensation for wrongdoing. Costs that were paid from revenues collected by taxes. Monies that now no longer exist because they were paid out to buy the silence of those other individuals he abused.
8.     No wonder you have no medical care any longer or are working at half your original pay grade. Or not working at all. Perhaps now is the time to use Washington’s Public Records Disclosure Act codified under RCW 42.56 to get to the bottom of who got what, and how much. See the Abuse of Discretion website for details on how to do this. And how to be compensated $100 a day if they lie or sandbag about your request.
9.     Earlier this year another Pierce County police officer out performed what the Chief of the department had accomplished: he murdered both his wife’s parents in cold blood and then turned the gun on himself and blew his head off.
10.In the State of Washington these types of incidents are taboo to discuss, as they continually grow worse and worse. The state’s hoping that they will just go away. Or didn’t really occur in the first place or of course they were the other person’s fault. But they have occurred and they will only be getting worse and worse until corrective action is taken to root out the cause.
11.That they are increasing is demonstrated by the recent brutal beating administered to several Mexican people who were repeatedly kicked and punched in the face after being handcuffed by several officers and forced to lay on the ground. Unbeknownst to the police, all the while they were being secretly filmed by a citizen who gave these images to several television stations and broadcast them to the public.
12.That they are increasing exposure is evidenced by the fact that October 18, 2010 security cameras inside a 7-11 store caught undercover police officer James Lee, a ten-year veteran of the department who had been working in a drug sting operation at the rear of the store where earlier his partner had been in a scuffle with a buyer, run inside and charge an innocent bystander who was at the cash register buying candy and who even raised his hands out of fear to the charging officer, who began to administer vicious karate kicks to his head knocking him to the floor where he continued his assault until it was broken up by another officer. This individual was not involved in the drug buy that allegedly took place in the rear parking lot. No explanation was offered for the officer’s conduct.
13.Further investigation into the incident revealed that Officer Lee had a history of irrational behavior and beating criminal suspects without provocation. These facts had been suppressed by the police department in the past. This information, including the video of the incident, was not released to the public until November 18, 2010, while the police department was trying to figure out how to sanitize Officer Lee’s image.
14.Another “tool” in law enforcement’s arsenal used to stifle public outcry and investigation into this systemic abuse by its officers is known as the Guilt Trip. It works like this. If you make a complaint against or join in with others who are complaining about the misdeeds of government, you are classified as being “un-American”, in league with terrorists and trying to undermine the government.
15.No doubt ending up on some Fusion Center’s watch list of subversives.
16.As long as select members of society are allowed to remain employed, bring home food for their families and buy gasoline for their cars, their allegiance will lie with the government no matter how badly it acts against the remainder of the population. In essence, they will have become a race of slaves. Able to turn a blind eye to any “un-American” activity the government chooses to take.
17.However, the winds of change have begun to blow turning the tide against the government and its policies that have brought so much disorder and chaos and uncertainty to so many different people’s lives. They can no longer enjoy their standard of existence they have come to depend on, and witness daily, events of public frustration that law enforcement is “acting out” against the citizens with fatal consequences.
18.With all this violence taking place the police wonder why their actions in the community provoke the responses that they do. Responses of people driving around looking to shoot innocent police officers sitting in their cars. Or going into a coffee shop and killing four innocent officers while they are drinking coffee.
19.The perpetrator of this last insane act, Maurice Clemmons, had been recently released on bond for an alleged sexual offense and was awaiting trial which if convicted could have resulted in a mandatory life sentence. This was the excuse propagated by law enforcement as causing him to murder the officers. But was it? A closer examination of his conduct and stated reasons leading up to the incident point in another direction. A direction that was never even discussed or investigated despite obvious evidence that it may have been true: that he was deliberately pushed by law enforcement into committing the crime.
20.Jail phone records of his conversations were constantly broadcast over the television networks showing his hatred for the police and proposed actions of getting even. Yet his orally stated reasons for his frustrations did not match the below captioned writing by the various news stations of what he actually was saying. Omitted were his comments about being: “stopped every time I go out in my car for nothing by the police . . . being set up and searched for drugs and set up for things I did not do.”
21.None of these comments were included in the narrative during the broadcasted phone records of his speech. Also conspicuously absent was any denial by law enforcement concerning the validity of these claims, or even if they had looked into the validity of these claims that drove this person to commit this act. An act unheard of ever occurring in this type of a situation.
22.Not only did the media suppress/omit his claims, but failed to question if they could be true. They simply did not want you to even consider the possibility that law enforcement could have had a hand in what occurred. And been partially responsible. That’s why this information was omitted, to distort the possible reality of the situation.
23.Washington State has a problem. Its citizens are being hoodwinked by authority figures into believing everything they say or do is the right thing. That they don’t lie and fabricate the facts in order to twist the reality of the situation to their advantage. And when they do these things, they are suppressed from the public to maintain a façade of respectability. This in turn fosters a culture of corruption forcing entire state agencies to operate in conspiracy to maintain this façade.
24. A fact that Governor Christine O. Gregoire could hardly deny after also holding office as Attorney General for the state. Yet now endeavors to suppress these facts so she can continue to claim she needs to be the highest paid governor in the entire United States of America at $230,000 a year for a state that ranks 13th in population of all the 50 states.
25.A better course of action would be to tell the entire story, including all the facts, and then allow the reader to make up their minds. As things stand now, the story is parsed to create an artificial result beneficial only to its author, prohibiting an individual from coming to an honest and just conclusion based on all the facts and circumstances. This biased and distorted factual account further degrades the intelligence of the community and weakens society as a whole.
26.So is the case of Steven Darby McDonald, where Skagit County Prosecutors Thomas Verge and Eric Pederson contacted officials at the Washington State Reformatory where Mr. McDonald was housed, and requested they not allow him to return to court with his legal materials so he would not be able to represent himself again on retrial.
27.According to official WA/DOC Policy Directives 590.500(A) and (B), McDonald is allowed to be transported to court with his legal property because he has a pending case. The Assistant Superintendent of the facility even wrote him a letter stating that his legal materials would remain at the prison because “you will be returning to the facility . . . you are only going to a court hearing.” Seems the prosecutors also told him that Mr. McDonald would be getting reconvicted without a doubt.
28.The transport officers refused to provide these stated materials so Mr. McDonald refused to get on the transfer bus. He stated he needed his legal materials and why. They recorded this information and his reasons and then edited/deleted this information out from the recording when the officer was speaking about why he was not getting on the bus during the inception of the video. Then it goes blank for several seconds while the guard is speaking, then several seconds later, it resumes when the guard is in mid-sentence indicating that his statements had been deliberately omitted.
29.The guard next claims Mr. McDonald is threatening to bang his head on the cell walls and harm himself if he is not provided with his legal materials. They also claim that he is acting hostile and aggressive and ready to fight if provoked and removed without his legal files.
30.All of which is a complete lie.
31.The camera then begins to film inside his holding cell where it shows him sitting calmly and quietly and politely requesting his legal paperwork for court proceedings. Which they refuse to provide in order to provoke an altercation, his beating and abuse of being repeatedly shocked by 50,000-volt stun guns. All of this despite his no longer having any prison commitment or sentence or formal felony charges.
32.During his mauling, Lt. Bratten choreographed the entire incident by saying: “Stop resisting McDonald, stop resisting.” During this period of time he is not moving at all as clearly shown in the video. Next his clothing is cut off in front of female staff members on the extraction crew, he is forcefully placed in five-point restraints and strapped to a punishment chair designed to inflict severe pain as it restricts breathing, wheeled into a van while bleeding from facial injuries and transported to Skagit County Jail.
33.Immediately upon arrival at the Skagit County Jail, he was photographed and injuries were recorded. He requested to file formal first degree assault charges against the guards responsible because he was a pretrial detainee without any formal criminal charges filed against him when he was brutalized by these guards. The amount of force they used was therefore prohibited by Constitutional standards because of his status and the fact he was not acting aggressively. Therefore, the guards’ actions were “malicious and sadistic” and not “objectively reasonable under the circumstances” as required by prevailing case law. See Johnson v. Glick, 481 F.3d 1028, 1033 (2nd. Cir.1973) and Hudson v. McMillian, 503 U.S. 1,6-7, 112 S.Ct.995 (1992).
34.Skagit County Jail refused to process his request to the Mount Vernon Police Department or Skagit County Prosecutors Office. Several attorneys from Columbia Legal Services interviewed him about this incident and recommended he file formal charges against the guards with the Skagit County Prosecutor’s Office and Mount Vernon Police Department. Again he attempted contact to file charges, yet never received a reply from the many letters he sent out. Later he learned that Skagit County Jail had been intercepting his letters and not processing them to prohibit contact. Consequently, he never could file charges.
35.During a pretrial hearing conducted September 19, 2001, Mr. McDonald informed the unsympathetic trial court judge, Susan Cook, of what transpired and what Thomas Verge and Eric Pederson had done to prohibit him from accessing his legal materials. Prosecutor Pederson feigned disbelief claiming he had no knowledge of the incident. He now offered to “help” Mr. McDonald obtain his legal materials by writing a letter to the prison. During another pretrial hearing Mr. McDonald filed a copy of the extraction video into the court record and reasserted his claims of malfeasance which again were ignored by the court to suppress this ugly incident and the prosecutors’ involvement.
36.Mr. McDonald tried to expose what happened and prosecute those responsible without the aid of legal representation, by filing a 42 U.S.C §1983 civil suit against Lt. Bratten and the WA/DOC guards responsible, using this same video and photographs listed on this site. Despite his pleadings supposedly being treated “liberally” by the court, the federal court in Seattle applied the State of Washington’s Whitebread Doctrine of Law giving Mr. McDonald only “two rights under the Constitution, the right to go to jail and the right to stay there until his term is up.”
37.This esoteric concept is indoctrinated at judicial conferences held throughout the state, and is applied to the plebeian, those of the low class the mentally challenged, like Steve is. Who was receiving one-hundred percent psychological disability payments from the Social Security Administration for organic brain damage that causes among other things, seizures and ADHD. People of color and those without financial support in the community, especially poor black people in order to disenfranchise them. See Farrakhan v. Gregorie, 590 F.3d 989 (9th.Cir.2010).
38.This is the real reason why conspiracies are allowed to flourish so well between law enforcement, prosecutors, prison guards, public defenders, and the judiciary in the State of Washington, because of this two-tier system as enunciated in the State’s Whitebread Doctrine of Law.
39.During a pretrial hearing the Honorable Michael Moynihan spilled the beans when denying all Mr. McDonald’s pretrial defense motions based on what he had been instructed at the judicial conference he just attended the proceeding month in Wenatchee, Washington. He gleefully recited this concept, and readily applied it to Mr. McDonald in denying his requests for the appointment of an arson investigator and to sever the appointment of the public defender who was sharing confidences with the prosecution. It gives people like Mr. McDonald who try to stand up for their rights and expose wrongdoing the following constitutional rights in court:
We just finished a great judges’ conference over in Wenatchee, and if you have ever had the opportunity to hear Mr. Whitebread talk about the Constitution, prisoners now have two rights, the right to go to jail and the right to stay there until their term is up. VRP September 16th 1996 p.16 [1]
40. The federal court denied Mr. McDonald’s suit saying his beating and the injuries he suffered, including the painful shockings, were “normal” things that take place in a prison environment. And all his claims of abuse by prison authorities were fabricated. Go online with the court’s WEB-PACER Service and read the decision for yourself.
41.This seams pretty strange when we read almost daily of people who have been abused by law enforcement receiving hundreds of thousands of dollars for being wrongfully strip searched or denied medications or being pushed and shoved. But not when you realize that these individuals had real attorneys and knew other real attorneys who all had access to the press and the internet and were able to file formal complaints that would be listened to, and not just ignored, because the person is incarcerated so thereby assumed to be lying and fabricating the truth despite video evidence to the contrary.
42.                                And the drafters of the Whitebread Doctrine know this. They know that no matter how much you complain you will be ignored. Even if photographic evidence holds contrary, as the photographs of the motel room door show it was never on fire yet Mr. McDonald has a mandatory life sentence for burning it inside the motel room. But if no one sees them, no one will know. And then the state witnesses can attest anyway they want with complete impunity as they did in Mr. McDonald’s jury trial when they claimed “half my door was on fire.”
43.                                When in reality, it never was on fire. And that’s why Division One, Washington State Court of Appeals and Judge John C. Coughenour, of the United States District Court, Western District of Seattle, did not allow these things to be produced in the record on appeal so no one could ever see the truth.
44.                                Until now. Go to Abuse of Discretion and see these things for yourself along with the new October 2010 Affidavit from international arson expert, John D. DeHaan, Ph.D., attesting his trial testimony has been removed from the Verbatim Report of the Proceedings. And he originally attested the motel room door had never been on fire based on the photographic evidence that prosecutors Thomas Verge and Eric Pederson removed from the trial record so Steve could not use this vital information on appeal under the insufficiency of the evidence argument.
45.                                Based on Dr. DeHaan’s Summary of testimony, filed before trial and removed from the record, both tried to prohibit this information from coming into the record and be developed before it even was during the suppression hearing they requested February 4,2002 trying to suppress it; which their request was overruled so they simply removed it.
46.                                Now you be the judge and review the contents of the video and color pictures and make the determination if the guards conduct was justified under the circumstances. Then go and review the Abuse of Discretion website, the photographs, the Affidavits, the pro se briefs all filed with supporting exhibits. Then you will see the problems that exist in the State of Washington.
47.                                It’s the State of Washington’s Whitebread Doctrine of Law. It’s real and it’s in black and white. The judiciary knows about it, the prosecutors know about it, the public pretenders know about it.
48.                                Now you know about it too![2]
[1] Make no mistake exactly what he was saying, because “prisoner” means anyone awaiting trial for a criminal charge or confined in a jail, according to the law defined under Title 28 U.S.C. §1951(c): “The term ‘prisoner’ means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, any violations of the law or the terms and conditions of parole and probation, retrial release, or diversionary program.” Do you think that this tyrant would have applied this standard to Mr. McDonald if his name would have been Bill Gates? The reason he divulged its existence was because Mr. McDonald was representing himself, standing up for his rights, and the court wanted to make sure it set an example that he would not be able to do so in the State of Washington. Still they continue to enforce and apply this standard to him and hundreds of others. One day you may be one too!
[2] The First Amendment of the United States Constitution forbids prison officials from retaliating against prisoners for exercising the right of free speech. Id. Farrow v. West, 320 F. 3d 1235, 1242 (11thCir.2003), accord, Crawford-El v. Britton, 523 U.S. 574, 588 n.10, 118 S.Ct.1584 (1998) (The reason why such retaliation offends the Constitution is that it threatens to inhibit the exercise of the protected right). There are only five (5) elements in a claim of retaliation that need to be set forth. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005). Obviously, prison officials and law enforcement will want to keep these facts suppressed and will be retaliating against Mr. McDonald for releasing them to the international community and foreign countries. Especially the enactment, enforcement and application of the State of Washington’s Whitebread Doctrine of Law to the plebeian of the state. If you are an attorney who would like to get involved in stopping these abuses, please contact me as I have many more facts that bear on these claims which the State of Washington does not want made known. And will be punishing me for releasing by punitive segregation, transfers, general harassment, and curtailment or stoppage of medical treatment s and medications, etc.