Category: Ramsey Muniz

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
—————

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
*****************

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
**********************

http://www.freeramsey.com

Dear Friends:

Ramsey’s doctor has stated several times that
he does not know how he is alive. He made these
comments after receiving reports of the procedures
and surgery that Ramsey underwent prior to being
transferred to the U.S. Medical Center in Springfield,
Missouri.

Ramsey is feeling better and he continues to
improve daily. He has gained approximately 2 pounds, and under the circumstances this is tremendous improvement. Based on reports recently received (and
letters of support) doctors at the U.S. Medical Center
for Federal Prisoners have decided to begin
administering antibiotics once again. They had been
reduced, but X-rays show some bacteria around his lungs.
This might explain Ramsey’s running out of breath while
walking.

This weekend I will be send thank you letters to
Senator John Cornyn and Congressman Solomon Ortiz for
their support during our desperate time of need for
medical attention.

Ramsey will probably remain at the U.S. Medical
Center for Federal Prisoners for the next 3-4 weeks,
as his serious condition has been acknowledged by
medical staff. This is good news because he will
receive better are while at the facility.

I must share, though not in detail, that my
husband had a very unique near death experience after
arriving at Springfield. What I will share are the
words that he spoke when I first saw him in
Springfield. He was most emotional from the experience
experienced while awake when he said, "Me levanto Dios."
While he is weak and regaining his strength, Ramsey is
spiritually stronger. His experiences have given him this
renewed strength.

I had a mentor throughout the ordeal that I suffered
for over three weeks. She is an old friend of Ramsey’s
and a former nurse. I would not have survived the
trauma of keeping Ramsey alive without Lovelia Perez,
who I love dearly. Ironically enough, Lovelia now faces
a sudden serious and painful medical condition, and
I ask that everyone pray for her healing. She is such
a special loving person who needs prayers at the
present time. I ask this of all our close friends.

In the future I will be send new writings
from Ramsey. In the meantime, please ask that God
grant him and his friend, Lovelia restored health.

Thank you for all of your prayers and support.

Sincerely,
Irma Muniz
Oct. 20, 2005

By Ramsey Muniz – Tezcatlipoca

There is a day that pertains to our religious culture
which connects the earth, heaven, and nature. It is
a day when we realize the true essence of cosmic visions
which prove that we are truly a part of Mother Earth,
heaven, and the spiritual realm. On that day, the veil
that separates the living from the dead is removed,
and we are reunited with the loving spirits of our
ancestors, forefathers and deceased family members.
It is a day of rejoicing, communing, sharing, praying,
fasting, and meditating with our ancestors and family
members that now reside in Ilhuicatlitic (the heavens),
because once again we share our ancestral spirituality
on earth. It is a day that truly brings us together
with our past in worship to our gods and rejoicing as
one world, one people one nation in our minds and hearts
for the past, present and future. It is a day so
religious and spiritually powerful, that even five
hundred years ago, priests like Sahagun, Torquemada,
Molina, Duran, and others realized the power of
Teotleco — the arrival of the gods. They repeatedly
witnessed the spiritual ancestral power granted from
the past to the present and future raza on El Día
de los Muertos.

History reveals that the invaders and present
society began to taint the meaning of this day and
month with ominous misconceptions, stripping us
of our cultural foundation — the spiritual sharing
between the heavens and earth. The destruction of
our cultural beliefs on this day deteriorated to the
point that eventually this country, the United States
of Amnesia, displaced the importance and value of
Teotleco and El Dia De Los Muertos, and made it a
day embedded with monsters, goblins and appearances
of evil omens. It replaced the day of remembrance
of our ancestors, family members and friends who have
passed away into our cultural heavens.

Hermanos y hermanas, was it by choice, or
ignorance? Do we continue to permit the devious
subtle destructive strategy of the European invaders
and this present day society to destroy the truthful
and spiritual meaning of this day? The destruction
of our cultural knowledge and remembrance of that
special time was replaced with a prank filled
celebration — a day now commercially referred to
as "Halloween." It is now a night spent in the
wearing of masks immortalizing European pagans, evil
omens, celebrities and presidents of the United States.
They can have their "Halloween," and its European
concepts. The time has come for us as a raza of
impregnable beliefs and Nahuatl faith to remove
the masks of misconceptions and ruses, and once
more behold the glorious days of Teotleco — the
arrival of our gods, and to continue this celebration
of remembrance for our future Mexika generations.

El Día De Los Muertos will destroy the evil
spirits that have strived to separate us. This
day has the power to destroy the evil mindset that
invaded us five hundred years ago, attempting to
oppress, exploit and dehumanize our brothers and
sisters.

Rejoice with honor and courage, and celebrate
El Día de los Muertos with your ancestors, family
members, and friends. Pray, sing and dance the ancient
dance of joy. With the spirits of those beloved in
heaven and on earth, acknowledge that this gift
bestowed upon us will give us the ancient warrior
spirit of the land — the spirit of Mexicayotl!
Rise with the spirits to the battle for the liberation
of our God-given rights. We, the flowers of ancient
indigenous roots, are the true heirs of Aztlan and
of the land of Cem-Anahuac.

"With joy and honor, I walk in communion with the
ancient spirits. For tomorrow rises the Sixth Sun
of the Mexika. We many not all be Mexika, but we
can certainly claim a Mexika consciousness."

Note: circulated via email by Irma L. Muniz (Oct. 25, 2005)
******************
Editor’s Comment: I hear Muniz speaking as a shaman, rattling spirits
with old eyes. He speaks to everyone of a real difference between
a night of fright and a night of rejoicing, between a night where we
run run run from death and a night when we celebrate the vast dead
kingdom. To the extent therefore that I am able to laugh as
deeply as the fright before me, I think Tezcatlipoca helps me to
connect with the balancing act that the day of the dead calls
out. To do that in the company of my own dead kingdom seems
like good advice to take. To insist that nobody lose touch with
one’s most authentic dead kingdom is not just cranky talk among the
old. We have to find healthy ways of living with our own dead,
but the health will do little good if none of the dead we learn to live
with
are our own.  On the other hand, wouldn’t it be worthwhile to
welcome Aztec dead to the pagan party where we learn to fear and laugh
together.

Dear Friends:

Ramsey’s health continues to improve slowly…

I was given the strength and knowledge to care
for my huband from Lovelia Perez, one of Ramsey’s best
friends (during the early 70s), and former Raza Unida Party
activist. Lovelia remained with me by telephone every
morning, noon, and night providing love, courage, compassion,
and the medical knowledge needed to help my husband survive
a very grave illness.

Lovelia Perez demonstrated the most unselfish act of placing
others before herself. Her beautiful heart and giving spirit
will never be forgotten. Lovelia (Mama Love) Perez, 66, of Austin, died
Sunday, Nov. 20, 2005, in Austin. She was born Nov. 20, 1939, in
McCulloch County, to Nemesio Perez, Sr. and Francisca (Aguirre) Perez.
She was a registered nurse and was Poly Spiritual. She attended SMU,
received a bachelor of science in nursing from the Texas Women’s
University in Denton and received a masters degree from South West
Texas State University in San Marcos. Survivors include her mother, Francisca Perez of San Angelo; a son,
Carlos Gonzales of Austin; a daughter, Driana Gonzales, also of Austin;
and two sisters, Estela Perez Santos and husband, Manuel, of San Angelo
and Berta Perez Linton, also of San Angelo. She was preceded in death
by her father; and two brothers, Nestor and Nemesio Perez, Jr. The
family requests memorials be made to The Christopher House in Care of
Hospice of Austin. Her obituary can be accessed online.

Lovelia Perez was an angel sent by God to teach us real love and
compassion, and to help save a man whose message she embraced and
shared with others. In a letter to Ramsey she wrote, "Some people want
to talk about La Raza, but I tell them they cannot discuss La Raza
without you. Whether they like it or not, you are our history — our
hero. Have you done research as to how manmy times people have used
your name on their books or their articles? We have won the war of the
tortilla. HEB makes tortillas better than some Mexicanos, and that
includes me. We have won the color war. It’s okay now to have a pink,
purple, or green house. We have made progress in the food and language
wars, but it’s the spiritual war that we are so behind in."

We dedicate the poem below to our dear friend, Lovelia Perez.

–Irma Muniz (Nov. 27, 2005)

———————————-

VOYAGE

I languish in this world of woe and tears.
Bleak is my exile, heavy are my shackles and chains
on this day of remembrance in the darkness
of this medieval dungeon.

I rest my eyes and soul.

I voyage to a far and distant land that was ours long ago.
Here I gaze into the colors that are not rare to me.
As I journey further with the spirits of this land,
I reach the clearing of the dark jungle;
I can envision the temples of Huitzilopotli and Quetzacoatl.

The day is August 13, 1521. There stood Cuauhtemoc,

he who is pure, who died in war for us,
he who lives close to the sixth sun — the valiant Mexika

(me-shee-ka) warrior.
What a magnificent sight it was, for he lives

in the house of the sun, a place of wealth and joy.

He, like a fine burnished turquoise, gave his heart.
It arrived at the place of the sun where it will germinate,
once again to blossom into the Rising of the Sixth Sun.
When I gazed into the eyes and heart of Cuauhtemoc
I could sense the consciousness of our Mexika birth-soul.

I perceived the pride and dignity of my native ancestors

within me — the sixth sun rose.

I walked with Cuauhtemoc up the temple steps that reached
the heavens.
I was in the shadow of our past, present and future of our
beloved Aztlan.
I witnessed the suffering, sorrow, pain, misery, hunger,

and sacrifices on that ancient historical day.

But as I voyaged further into what is above us, Topan,

and in the region of the dead, Mictlan,
the winds from the four directions of the universe sang a
sweet song to my heart and I rejoiced when I gazed into

the faces of our destined heroes in my dreams.
For you see, when I’m in the realm of my forefathers and

ancestors, I fear nothing and take pleasure in their

presence of this sixth sun.

It is this transformation and reformation of my indigenous

Mexika spirituality I long to know — an ancient history

concealed and denied for 500 years.
Yet within me does the rage of thousands build for the many

sorrows, hardships, and sacrifices my forefathers endured.

There is no rest for my soul (Mexicayotl) until the

manifestations of the rising of the sixth sun appears
among our people.

My Mexika brothers and sisters, all my world is caged

and confined yet my spiritual birth-soul runs free.

"Wait, Cuauhtemoc, for I am coming."

Ramsey Muniz/Tezcatlipoca

Solitary Confinement
August 13, 1999

———————————

"It is not true, it is not true
That we have come
To live here,
We came only to sleep
Only to dream…"

CANTARES MEXICANOS
1904, 17r.
Facsimile Ed. Mexico City: Antonio Penafiel

http://www.freeramsey.com

December 25, 2005

Dear Friends:

On behalf of Ramsey – "Tezcatlipoca" Irma "Citlalmina"
and our families, we thank you for the love and support that
you have given us. Know that I will travel to
Springfield, Missouri again to be with my husband from
December 29 through January 1.

We also thank you for bringing forth the spiritual/cultural
movement of the 21st century. This movement is one that
pertains to the masses of our people and is to be taken
seriously. Life is serious, and as you well know I have
learned the significance of this. Below is Ramsey’s message.
I know that these words are for his people whom he loves.
He states the following:

"The pain that I feel for my people is so great and I’m unable
to cry as a Mexicano. I would like to cry, but I have no more tears.

We must take the time and thank God for giving us life once more. I’m
convinced now that He has a mission not only for us, but for those
around us. Citlalmina, I cannot find the words to share with you that
my heart, my love, my spirituality is like never before in my life.
Every night it is a new vision and/or dream that He brings to my life
for me to share with you and those close to our hearts.

He has shared with me that one day soon we will be totally free
from the chains and shackles of the oppressor. He took my life and gave
it back to us. Now it is our destiny to bring life, love, liberation,
and justice in the same way that our beloved brother, Jesus did on this
day of His birth."

Amor,
Tezcatlipoca

******************

www.freeramsey.com

Email from Irma Muniz (Dec. 21, 2005)