Category: Ramsey Muniz

Dear Friends: Enclosed is the first of several letters written by Ramsey Muniz while in solitary confinement at the Oklahoma Transfer Center in Oklahoma City, Oklahoma. Conditions there were torturous, as described by Ramsey. Please distribute.–Irma L. Muniz
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5/11/06

Writings from Solitary Confinement

The writings come from the depth of my Mexicano spiritual corazon. Even though I find myself in this cold dark hole of America, the spirit to rise and share with my people that the time has come for us to seize. I see no faces. I only encounter the concrete walls and steel beds of oppression and injustice. Yet I’m not saddened because my mind and Mexicano corazon are filled with the spirituality of our liberation here in America once and for all.

I’m filled with the spirits of our sisters and brothers from our Holy Land (Mexico) who took to the streets in millions like never before. The entire world viewed with amazement that maybe the United States was not a country of the free. Why should I have to be constantly confined in the dark cold holes of this system? The faces I saw on the national TV news were the majority of young faces, which means the struggle for justice and freedom can take as long as it has to. Those same faces in the streets will be there for a long time to come.

When one struggles for justice, liberation and spirituality, you never truly become old. One becomes
younger at heart and mind, simply because you are seeking the truth and the truth this very day is setting our people, la raza, los Mexicanos/Mexicanas free.

And why has the Bureau of Prisons denied me medical care and treatment for the last eleven years? Why? For the first time, we Mexicanos have become a national presidential issue in the United States. Hispanics, Latinos, and national Hispanic organizations
should take a strong position in favor of amnesty for
our sisters and brothers of our Holy Land. Please do
not allow these politicians or the congress to think
that we are different. Our roots, our most powerful
ancient God-given roots all go back to the same source.

We were not in existence only yesterday. We were
here long before the creation of the United States.
We are not strangers to this land. We must learn to
be patient with each other. We have been physically,
mentally, and spiritually divided for almost 500
years. There is a lot of self-hatred and ignorance
in our hearts and we must overcome the latter in
order to win. At this point, we as a people are the
only ones that can be destructive to each other.
Families must bond once again. Blood and heart are
the strongest elements in mankind. We must set aside
all the petty differences and not become a soap
opera destructive force. La familia must rise once
again. La familia must reunite. La familia must
embrace again!

I decided to express my constitutional right,
and petitioned the court to direct the federal medical
facility to provide medical care and treatment.
Instead, the staff in Springfield, Missouri took my
body in chains and shackles and tonight I find myself
in solitary confinement in Oklahoma City, Oklahoma.

They stated that on one, especially a Mexican like
myself, would file any petition against them. Is
this the true meaning of American justice?

Even tonight with the token lighting, as I share these
words from my heart, I can feel the spirits of our
Mexicano revolutionary hero, Ricardo Flores Magon,
who also suffered in the dungeons of Leavenworth and who died there – or is he really dead? I live within
all the spirits and love of our past revolutionary
Mexicanos and Mexicanas. They never permit for me
to feel alone, lonely, or isolated from those close
to my life. I only become stronger in my beliefs,
convictions, and principles because the Oppressor
continues to violate my human rights by any means
necessary. I only feel for my wife, my family, and
those close to my heart after so many years of
suffering and sacrifice.

The nights are extremely cold and painful to
my body, yet they refuse to give me a blanket. I
will survive because it is written in our ancient
past that we must sacrifice to the end. Why is it
so cold and dark in this hole, and why must I suffer
in this cruel fashion?

We must learn to openly communicate with our
Holy Land of Mexico and its governing body. For too
long the Holy Land has separated itself from its own
people who lived in Aztlan (Southwest). A national
delegation of Mexicanos and Mexicanas should be
organized for the purpose of presenting its agenda
to the president and Congreso de Mexico. Remember
and don’t ever forget that we are all the same people.
Todos somos uno! The day that we as a people accept
each other as one is that day that we shall be free
in this world of today and tomorrow.

Forgiveness: We as a people, as a Mexican race
are in the immediate process of recognizing and
accepting who we are once again. For decades the
oppressor has made us believe we are different,
simply because a border divided us for many
years. We must learn to forgive each other for
the blindness and/or acceptance of thinking we
were different. We are one and shall be one
forever! Nothing can change that. It is part of
our nature and most importantly it is God-given.
“Todos Somos Uno” will be our new cry to the
world and to those around us. We are in for new
ideas, philosophies, thoughts, action, and
organizing and we must come with an open heart
and love for our people.

“The reasonable man adapts himself to the
world: The unreasonable one persists in trying
to adapt the world to himself. Therefore all
progress depends on the unreasonable man.”

–George Bernard Shaw

One could say that I’m an unreasonable
Mexicano. Be it so, especially since I have
witnessed and experienced oppression, discrimination,
and injustices. If some doubt my words, then tell
me why I am confined in this cold dark hole and
will be in this hole until who knows when. My
sisters and brothers from our Holy Land of Mexico
have also suffered for coming into the land which
was once ours. Some are even confined in the holes…

I will never surrender the love and devotion
I have in my heart for the freedom of our people.
We must forever sacrifice and endure the
suffering it takes for liberation and justice
within mankind. History throughout the world
states that some will have to sacrifice and carry
the cross of freedom, love, and spirituality. I
have accepted that part of history from the t
ime of my birth. My mother, Hilda, was a Mexicana
freedom fighter to the day of her death. I continue
to carry that cross in my heart and body, for she
is with me this very night sharing these words with
all our people!

In exile,
Ramsey (Tez)
Libertad y Aztlan!!
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http://www.freeramsey.com

Dear Friends:

This letter from Ramsey Muniz describes the
violation of his constitutional rights for
the past eleven years. We continue to make
this information known, and have received
encouraging support from congressmen.
Please distribute. — Irma L. Muniz

4/7/06

Violation of my Constitutional Rights Under the Eighth Amendment – Cruel and Unusual Punishment

Before reading this constitutional opinion,
it is important that you first examine the attached
medical narrative (exhibit A), sent by
Dr. Pete E. Garcia, in charge of the Orthopedic
Surgery and Sports Medicine Clinic, to the Warden
at the United States Penitentiary in Leavenworth,
on February 1, 1995. If necessary, one will be able to find in
my federal sentencing transcript where
unmistakably I be confined in a Federal
Correctional Institution (FCI), and not in a
hard core federal penitentiary. The Bureau of
Prisons and the United States Marshall’s Office
disregarded the legal intentions of the federal
judge, and instead confined me in the Leavenworth
Federal Penitentiary.

From the commencement of my incarceration,
I was suffering from my physical disability and
medical conditions. I constantly complained to
the institutional medical authorities about my
physical condition to the conclusion that I could
not levitate from my bunk bed for days, suffering
extreme spasms, arthritic pain, inflammatory
rheumatism, distress, agony, and affliction.
This cruel and unusual punishment continued for
a period of over eleven (11) years.

On or about 1996, due to the weakness and
physical disabilities of my knees, I incurred a
most drastic fall and injured my left hip. After
various days confined to my bunk bed, several
inmates provided assistance in carrying me to the
institutional medical facility. The result was the
same as before. X-rays were not taken, a full
medical examination was not provided, and the only
remedy was aspirin and a cane, which I use to this
very day. The continuous denial of proper medical
attention and care for the last ten (10) years
pertaining to my hip was a violation of my
constitutional right – cruel and unusual punishment.

On August 22, 2005, I became extremely ill to
the point that I was carried on a stretcher to the
institutional medical facility in Leavenworth.
After four hours of examinations, they finally
decided that I be submitted to St. John’s Hospital
in Kansas City, Kansas. What was to be a simple
overnight operation resulted in a near death
medical situation. From St. John’s Hospital I
was transferred to Pawnee Hospital, and In turn
I was transferred to Providence Hospital for
surgery once again. Only five days after the
operation, I was chained, shackled, and transferred
to this present medical facility for federal
prisoners in Springfield, Missouri.

I continue to complain about my existing
physical condition – knees, left hip, and back
condition due to a large herniated disc. I persist
with the assistance of my family and attorney that
x-rays be initiated of my left hip and knees. After
performing an x-ray of my hip, they found that it
had to be replaced and should have been medically
attended to years ago.

Since my severe illness of August 22, 2005,
I have been on a liquid diet because of my dentures.
Only two weeks ago I began to eat properly, but
I continue to be extremely physically weak and not
in a medical position to undergo an immediate hip
surgery.

An attorney, my family, and others have
respectfully requested that my hip operation be
delayed for a reasonable time so that I may recover
my physical, emotional, and mental strength.

It is of record that the Springfield medical
staff authorities have not yet shared with me the
medical evaluation report submitted by Dr. Pete Garcia, Orthopedic Surgeon of Corpus Christi, Texas, nor have they taken x-rays of both my knees. To continue denying full medical evaluation and proper professional care at this medical facility is a continuous violation of my eighth amendment — cruel and unusual punishment.

As a graduate of Baylor School of Law and a
practicing attorney for many years (prior to my
unjust confinement), it is my legal opinion and
position that I be remain confined to this United
States Medical Center for Federal Prisoners in
Springfield, Missouri, until I am medically
examined and treated for both my knees. To do
otherwise or attempt to confine me once again
in a United States penitentiary instead of a
low level institution (FCI) would be a blatant
violation of my constitutional rights pertaining
to cruel and unusual punishment.

How much more must I suffer after more than
ten years of extreme and severe punishment. I am
63 years old and in pursuit of justice in the
United States of America’s constitution.

In exile,

Ramsey R. Muniz

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www.freeramsey.com

Dear Friends:

We must never cease the struggle for freedom.
In the enclosed writings, Ramsey Muniz shares his
knowledge and insight regarding the issue of immigration. Please distribute. — Irma L. Muniz

We Are Not Strangers to This Land

Even though I find myself confined in the
dungeons of America, I marvel at the spirituality
of liberation and justice that my Mexicano sisters
and brothers are seeking after so many generations
and years. As I witness the millions of nuestra
gente proudly marching with that glow in their faces,
demonstrating the love in their hearts, I clearly
recall the last words of our last Mexicano Emperor
– Huey Tlahtoani Kuauhtemoktzin – Cuauhtemoc:

“Now we mandate our children also not to forget
to transmit to their children how it will be, how
we will reunite, how we will rise again, how we
will reach out, and how we will fulfill the great
destiny of our race.”

America was taken by surprise as our sisters
and brothers marched in its streets. They were
surprised not only by the numbers, but by the
truthful statements echoed by our people.

Without question or doubt, the issue is one
of our people staying here in the United States.
However, we are also encountering a bigger,
spiritual issue at this time in history. We are
finally coming together as a race, as a people,
raza, gente in all Aztlan, in the United States,
and in our Holy Land of Mexico. For the longest
time in history the oppressor has made us think
that we are different. Some would argue that due
to the place of birth, whether in the
United States or the Holy Land of Mexico, we
are different. It is extremely sad that throughout
the long existence of our people we have looked
upon ourselves as different races. The oppressor’s
objective will forever be to divide the races
and ultimately conquer.

We must not be impatient with those who will
claim they are not Mexicanos, and that they never
will be. At the same time we must be patient with
our sisters and brothers from our Holy Land who
don’t understand why our people became Hispanic,
Latinos, Chicanos, and Mexican Americans. The
important thing is that the time has come for us
to come together as one once again. “Todos
somos uno” should be the theme of today, tomorrow,
and our future. If we can come together as one
race in the prisons of America, then there is no
question that we can accomplish the same in the
so-called free world of today.

We must never forget our Mexicano blood. The
Spanish invaders thought they subjugated our
flesh with whips and swords, the French with
guns and priests, but there is another separate
world beneath our feet, above our heads, and
dwelling in our Meixcano souls. From the beginning
our creation as a race / people / gente, we have
been one with the land of Aztlan. Even today in
the 21st century the spirits of our ancient gods
are everywhere. They are in every stone, every
bird in the trees, the grass, the maize on the
stalk, the water in the lakes, and the fish in
the streams.

Yes, the invaders conquered only
what the eye could see, not ever understanding
that from the time of our creation it was
prophesized that we would overcome all invaders
in our land, and we would rise once again. The
oppressor has never conquered our spirituality
and the power of our ancient cultura, which were
the foundations of our existence and recreation.
We are not strangers to this land in which they
refer to us as illegal aliens and/or immigrants.
We must never forget to continue teaching our
youth of today and tomorrow the truth of our
Mexicano history. We must share with the youth
that it is written in our ancient manuscripts
that one day we would return to the sacred place
of our creation/existence as a race — Aztlan,
“land that has risen.”

We as Mexicanos of the 21st century must
take a strong political stand against the
creation of a so-called “Berlin wall” separating
the borders. It is not about the war against
terrorists at this point. It is about keeping
our people out of the land which truthfully
cries out. America must remember that we did
not cross an ocean to arrive in what was first
called Aztlan by our ancestors. It is written
in our ancient prophecies that the land (Aztlan)
would call for us to return.

I never miss the national news, seeking
what it has to comment about the immigration
issue. Regardless of what the Republicans
and/or Democrats state about this most
profound issue, deep in my heart and mind I
know that at the end we shall overcome whatever
they decide to do with our people. We shall
overcome the rounding up of our people as if
we were animals. We shall overcome the
structure of a wall at the border. We shall
overcome the imprisonment of our sisters and
brothers because of immigration policies. We
shall overcome at the end because we are not
strangers of this land, which was ours at one
time. The land calls upon our hearts to return
and to rise once again. Truth which pertains
to the land is on our side and history has it
that truth shall win!!!

The entire world is in some sort of conflict.
Even in war, and if one studies the issues closely,
land becomes the reason for oppression, freedom,
imprisonment, justice, and humanity. It is our
duty and honor to support the efforts by our
sisters and brothers in seeking the spiritual,
cultural, and political right to reside in the
United States of America.

Even though I’m in this mode of darkness,
I sleep as if I were newly born, knowing that
the truth of our existence and creation has
enlightened the entire world. The world knows
that el Mexicano / Mexicana has risen with the
power of truth in his heart and mind.

What a time to be alive! Do we as
Mexicanos of our Sixth Sun dare to scale the
heights of heaven of Aztlan and our most sacred
Holy Land of Mexico? Que viva la raza!

America:

“We want only to show you something
We have seen and tell you something
We have heard. That here and there
In the world and now and then in ourselves
Is a new spiritual/cultural Mexicano creation.”

In exile,

Ramsey Muniz – Tezcatlipoca

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www.freeramsey.com

Note: the following letter from Ramsey Muniz (forwarded by his spouse) hints that the Leavenworth prisoner may soon mount a federal appeal of his conviction and sentencing on marijuana related charges.–gm

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The enclosed letter was written by Ramsey Muniz. It is
a legal response written to a person who expressed disbelief
in our government resorting to such tactics as framing individuals.–Irma Muniz (via email Jan. 18, 2005)

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October 19, 2005

Dear Mr. Ochoa:

Your letter shows that you’re different from those
who make a hobby of being interested, including seekers
after causes and people who like to get their names of
letterheads. The sincerity expressed in your letter has
developed a profound respect from me. However, while I
sincerely respect your honest opinion, I must disagree
with the basis supporting your assertion that you don’t
believe me because, on your own words, you haven’t seen
your government doing such things to others, including
those who are more dangerous than myself.

The reason for your radical position is only one,
which is "misinformation." The words "public confidence
in the criminal justice system," most of the time are
used to justify releasing someone who has had his constitutional
rights trampled on by government agents.

Of course, this bad side of the government, when this
is disclosed by a criminal defendant, apparently never
meets the necessary credibility of citizens who cannot
understand that our democratic system demands that
government officials shall be subject to the same rules
of conduct that are common to the citizen. See
Olmstead v United States, 277 U.S. 433, 585, 48 S.Ct.
575 (1928). The government’s misconduct in criminal
cases has been well documented in the American justice
system, causing expressions from courts as "there comes
a time when enough is more than enough – it is just too
much." Williamson v. United States, 311 F.2d 411, 445
(5th Cir. 1962) (a contingent fee informer case).

Although you are now aware, the existence of misconduct
involving misbehaving officials, as in my case, has been
well documented in the American Jurisprudence. Under
clearly established federal law, the government violates
a defendant’s right to due process when it fails to
disclose evidence favorable to the accused prior to trial
and the evidence is "Material either to guilt or to
punishment, irrespective of the good faith or bad faith
of the prosecution." Brady v. Maryland, 373 U.S. 83,
87 (1963). In addition, the Supreme Court has long
recognized that "A prosecutor’s knowing presentation
of false testimony is ‘inconsistent with the rudimentary
demands of justice.’" Jacobs v. Scott, 513 U.S. 1067 1995)
(Stevens, J., dissenting from denial of petition for
writ of certiorari) (quoting Mooney v. Holohan,
294 U.S. 102, 112 (1935)).

As a result, due process is violated when a
prosecutor fails to correct testimony that he knows
to be false, even when the falsehood goes only to the
witness’s credibility. Alcorta v. Texas, 355 U.S. 28,
31 (1957) (per curiam); Napue v. Illinois, 360 U.S. 264,
269 (1959). These principles illustrate "the special role
played by the American prosecutor in the search for truth
in criminal trials." Strickler v. Greene, 527 U.S. 263,
281 (1999). In our system, the prosecutor’s role
"transcends that of an adversary; [the prosecutor] ‘is
the representative not on an ordinary party to a
controversy, but a sovereignty…whose interest…in a
criminal prosecution is not that it shall win a case,
but that justice shall be done.’" United States v. Bagley,
473 U.S. 667, 675 (1985) (quoting Berger v. United States,
295 U.S. 78, 88 (1935)).

As you many now understand, without having solid and
irrefutable evidence that my conviction was obtained by
misbehaving (government) officials, any claim of such
wrongdoing would be, under the law, ridiculous and a
waste of time. The filing of a motion for a new trial,
in my case, will be based on recently discovered evidence
(undisclosed by the government at trial) proving such
allegations. After the filing of the motion in a federal
court, the evidence supporting my claim will be public
record, and you, as well as many others, will receive a
copy of such motion. Accordingly, I believe that at this
time your radical position against the credibility of
my cause is somewhat …premature?

Your letter, however, has a profound value for my
cause. For ordinary citizens, interest is a necessary
condition of influence. When they communicate concerns
with respect to the credibility of my allegations, they
become more influential.

Please receive my most sincere gratitude for your
very welcome correspondence.

Sincerely,

Ramiro R. Muniz

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http://www.freeramsey.com

Note: the following email from Irma Muniz passes along a claim by her
husband Ramsey that new evidence has been discovered about the
circumstances surrounding his 1994 arrest for marijuana trafficking.–gm
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Dear Friends:
What would any person with a past conviction do upon being
SUDDENLY PURSUED FOR NO REASON after having gotten
out of a car he had just been asked to move? What would he
choose to do with the car key? Ramsey had only seconds
to think as he quickly rushed to a pay phone to try
and reach an attorney. In the rush he thought,
"If I give them the key, it is giving consent to search
a car that doesn’t even belong to me. If I keep the key,
it will implicate me in something." He never made it.
If this was done to Ramsey in 1994, why shouldn’t one
believe that the same happened in his first conviction?

The enclosed is an excerpt of a letter from Ramsey Muniz in
response to a letter received regarding his case against
the United States government. Please forward this letter
to students in Chicano studies programs, Mexicano law students,
law student associations, civil rights organizations,
and listservs. All interested parties may contact the
National Ramsey Defense Alliance for additional information.

–Irma Muniz
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August 14, 2004

Dear Armando:
Shakespeare said, "as the waves make towards the
pebbled shore, so do our minutes hasten to their end."
(Sonnet LX). The loss of our friend, Raul, shows us a
very important fact about life, a fact we must remember.
"Life goes on forever toward its end, never slowing down
or going back. Our lives do indeed ‘hasten to their
end.’" (The Movement of Time – Shawn Waddell).

During my almost eleven years in one of American’s
arduous prisons, I have shared the cultural endeavor
that we, Los Mexicanos, have organized throughout the
entire southwest within the state and federal prison
systems of America. Raul, outside, was a clear example
of what Los Mexicanos can do in this country. Here, and
from here, my beliefs and principles against the
oppression and discrimination toward nuestra gente have
been strongly expressed – more strongly than ever. For
this reason, I will never give up on claiming that my
trial was not conducted fairly. Of course, you are
correct by stating that circumstantial evidence tying
me with that vehicle was the basis for my conviction.
And certainly, all the courts are expected to give
deference to jury findings, regardless of my explanation
to the contrary. But your very welcome opinion is based
on a relitigation "doctrine," which is not the basis for
reopening my case. Let me explain.

Evidence only discovered a few months ago shows a
link, prior to my "alleged participation," between the
government and a confidential informant (the owner of
the load found in the vehicle in question), who was
recompensed for setting me up in this case. Of course,
neither Dick (my trial counsel) nor I knew of this
evidence. In Kyles v. Whitley, 514 U.S. 419 (1995), the
Supreme Court reviewed the standard for granting
collateral relief where the materiality of suppressed
evidence was considered. In sum, the court held that
a "reasonable probability" of a different result is
shown when the government’s evidentiary suppression
undermines confidence in the outcome of the trial.
115 S. Ct. at 1566. As you know, Kyles’ holding has
been the subject of explanation and exploration in
subsequent courts of appeal decisions.

For example, in United States v. Smith, 77 F.3d
511 (D.C. Cir. 1996), the court reversed drug related
convictions nothing that, post Kyles, materiality
[of suppressed] information is not gauged by a
sufficiency-of-the-evidence test, 77 F.3d at 512,
citing Kyles. In other words, the
evidence in my case showing that my conviction "hinged"
on a key hidden in my sock, which tied me to the loaded
vehicle, would be irrelevant under Kyles. In Smith,
the reversing panel described the holding in Kyles,
noting "a reviewing court must focus on the fairness
of the trial the defendant actually received rather
than on whether a different result would have occurred
had the undisclosed evidence been revealed." Accordingly,
the question here is whether in the absence of this
evidence, did I receive a fair trial, within the meaning
of Kyles.

As to whether Blakely applies to my case or not, any
response to that would be premature. First the Court must
effectively overrule McMillan, 447 U.S. 79, something it
has twice declined to do, and hold that Blakeley applies
to the Federal Sentencing Guidelines. Second, any
favorable ruling in this matter must be retroactively
applied before I put my horses to run. Although it is
possible to argue that under Tyler v. Cain, 533 U.S.
656 (2001), in which the Court held that a new rule of
criminal procedure may be retroactive through a series
of that Court’s cases (the combination of Schriro v. Summerlin,
U.S. June 24, (No. 03-526, 2004 WL 1402732 at *5-7), and
Winship,) the Schriro’s Court’s conclusion that Ring v. Arizona
should not be applied retroactively is a problem. The only
difference between Ring and Blakely is the name of the state
(Arizona-Washington), and apparently, more important
(considering Teague’s prong against retroactivity), the
involvement of a lower standard of proof which undermines
the accuracy of the proceeding’s outcome.

Because the Arizona law (in Ring) already required
aggravating factors to be proven beyond a reasonable doubt,
it appears that arguably, in Schriro, the majority’s analysis
against retroactivity was limited to the Ring rule. But I don’t
need to torture my brain with this question, after all, "if a
precedent of the Court has direct application in a case, yet
appears to rest on reasons rejected in some other line of
decisions," it is the Supreme Court who has "the prerogative
of overruling its own decisions." Rodriguez, 490 U.S. at 484
(1989); State Oil Co. v. Khan, 522 U.S. 3, 20 (1997) (same).
Thus, I must wait. If I see a good chance, surely, without
doubt, I will be part of that fight. For now, however, the
Kyles argument is my main target.

Thank you for taking the time to inquire about my case.
You will be constantly in our prayers for strength of
your Mexicayotl (consciousness).

Sincerely,

Ramiro R. Muniz
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http://www.freeramsey.com