Category: Ramsey Muniz

El Grito de Diez y Seis de Septiembre

Once again we celebrate the ultimate importance of this day in our history as a race. We are celebrating the truth of our ancestors who has made it possible for us to express to this world who we truly are and the reasons why freedom and justice continue to be a part of our lives.

It is written and told that Miguel Hidalgo y Costilla, during the early morning of September 16, rang church bells and called on our indigenous ancestors of Dolores to rise from oppression, darkness, hunger, and injustice to proclaim to the world the independence of their nation. Sacred destinies from past writings constantly reveal that we as Mexicans, Hispanics, and Latinos would continue to rise until freedom and justice would become a part of our daily lives.

Within a period of months, Hidalgo’s people had swelled to 100,000 strong – the largest army raised since the Aztecs (Mexicas), our ancient ancestors who made possible this uprising with hoes, machetes, clubs, outrage, faith, and a most spiritual desire for liberation that no one in the world would take again. In reality it is called the love of liberation.

It is historically written in ancient writings that we as a people and race would continue to rise and take back our God-given freedom and justice. On October 12, shortly after September 16, the battle was joined at Las Cruces, against the strong forces of the Spanish government. The entire world became aware that our people had risen from the ashes of injustice, slavery, oppression, and imprisonment, demanding the return of their land. Hidalgo, announcing for seven months the time to rise, was captured in Chihuaua. He was shot and decapitated by the Spanish government.

Here I remain confined in oppressive prisons maintaining the honor, valor, and courage to share that our history has just begun. Throughout the Southwest we seek political and spiritual power like never before. We witness the confinement and oppression of our sisters and brothers, concluding, as written in our ancient writings, that we would return to our promised land and share “El Grito de Dolores” from our hearts.

It is written that as we seek freedom and justice, the power of our spirituality will be present unlike before in the 21st century. This spiritual power is the rebirth of our search for God-given human rights and land.

Know who you are and what people before you died for. Always remember that our history is far from becoming a thing of the past. It is more alive, more contentious, and demanding than ever. A famous late Hispanic professor once stated, “A living present time cannot exist if the past is dead. Our history is the past, and very much alive in the present.”

In exile,
Ramsey Muniz – Tezcatlipoca
www.freeramsey.com

Dear Friends:

Below are excerpts of the last appeal submitted by Ramsey Muniz. The appeal cites the trial transcript and describes how the government maneuvered and set up Ramsey Muniz to obtain a conviction at any cost – intentionally, maliciously, and with deceit. Feel free to share this legal document. It is public court information.

The judge did not rule in our favor, but this does not change truth. It does not remove the manner in which the government maneuvered and set up Ramsey Muniz to obtain a wrongful conviction.

We send this information for the sake of our supporters, and to share the facts with the general public. The National Committee to Free Ramsey Muniz asks that readers forward this information to law students and organizations and that are concerned about freeing those who are wrongfully incarcerated.

STATEMENT OF FACTS

Ramsey Ramiro Muniz was arrested on March 11, 1994, in Lewisville, Texas. The events leading to his arrest began in Houston the day before that date. (T.R. 197-1990).

On March 10, 1994, Drug Enforcement Administration (DEA) Agent Kimberly Elliott received a telephone call in Dallas from the DEA Office in Houston asking her to maintain surveillance on a man (later identified as Donacio Medina) flying from Houston and arriving at Dallas’s Love field. (Id.). At approximately 6:00 p.m. on that date, Agent Elliott saw a man at Love Field airport fitting the description supplied by the Houston DEA office meet Muniz in the airport. The two of them were met at the curb by a man driving a gray car. (T.R. 100-200, 390). The gray car, with three people in it, was followed north from the airport to the Frisco, Texas, area when the surveillance was discontinued. (T.R. 200).

Soon after the surveillance had been discontinued, Agent Elliott received another phone call from the Houston DEA office during which she was given a telephone and a room number for a Ramada Inn in Lewisville, Texas. (T.R. 201-202). Agent Elliott went to the Ramada Inn at 10:30 p.m. on March 10, 1994, and spoke with some of its employees. (T.R. 202). She learned that Muniz had checked into the Ramada Inn under his own name. She took copies of his business card left by him at the front desk and of the telephone toll records for the motel’s rooms. (T.R. 204-206). Agent Elliott also wrote down the license plate of the car parked in the parking lot. (T.R. 202), Surveillance was discontinued until the following morning.

Page 2 of Appeal

B. Trial counsel failed to raise an entrapment defense when Movant-Appellant acting as a legal assistant became the target of a DEA investigation through his client acting as an informant.

Page 3 of Appeal

In this regard, and based on the facts of this case, Muniz’s initial contention is that the trial counsel failed to request the affirmative defense of entrapment. Muniz asserts that he was induced to violate the law by the activities of Donacio Medina, a government agent. Once Medina decided to cooperate with the DEA in Houston, he was, for the purposes of the entrapment doctrine, acting for the government. United States v. Martinez-Carcano, 557 F.2d 966, 970 (5th Cir. 1977).

Thereafter, there was ample evidence of government inducement in the limited sense applicable here. For example, prior to the fact that Muniz accepted the keys from Juan Gonzales and moved the white car from the Ramada Inn to the La Quinta Inn on the morning of March 11, 1994, there was a lot of speculation, innuendo, and conjecture that attempted to show that Muniz knew there was cocaine in the trunk of the white car. But the real issue here is the ultimate question basic to all claims of entrapment: Was Muniz ready and willing to commit the offense if given the opportunity to do so, or was Muniz just an innocent victim of a government set up?

Muniz claims the answers to these questions would have developed better at trial if counsel would have requested the defense of entrapment. Evidence adduced at trial clearly showed that Muniz was in Dallas to visit clients. Medina was a client recommended by [M.A.], a prominent businessman from Matamoros, Mexico. (T.R. 969). There is no evidence to show that Medina and Muniz were acquainted prior to their meeting at Dallas’ Love Field. In fact, the evidence proves contrary.

Thus, this transient relationship begs the questions: How often do drug dealers do an $800,000 deal with a perfect stranger? Who supplied the cocaine? Who was supposed to receive the cocaine? Ostensibly, the government is unconcerned. The conclusion is obvious. Medina was supposed to put the cocaine in the hands of Ramsey Muniz. Muniz was the target of the DEA sting operation from its inception. And Medina was the confidential informant who set up the deal.

In its opinion, the Fifth Circuit stated that Agents had reasonable suspicion justifying stop of defendants where agents knew that they were connected with activity of suspected drug trafficker with whom the DEA was negotiating a drug sale. United States v. Gonzales, 79 F.3d 413, 422 (5th Cir. 1996). Indeed, the deal was done insofar as the Dallas’ DEA agents were concerned. Their objective was accomplished. Dallas DEA agents knew from the beginning what was going to happen from the time Medina left Houston until the scheduled meeting with Muniz and the DEA at 10:00 a.m. on March 11, 1994.

The DEA through Medina acting as their agent were in complete control of the situation. There is no other explanation why DEA Agent Elliott was able to break off surveillance at 11:00 p.m. on March 10, 1994, and reassemble at 8:45 a.m. the following morning. They knew the cocaine had arrived and was stashed in the trunk of the white car. They knew the cocaine would not be transported during the night because they had scheduled the deal to go down at approximately 10:00 a.m. on the morning of March 11, 1994. They knew Medina would be taken to the airport at Love Field, and they knew that Muniz and Gonzales were supposed to move the car to the La Quinta Inn. They were just waiting for Muniz and Gonzales to get into the car and move it before they could make the arrest under a pretextual investigative stop.

Furthermore, Fed-Ex driver Gallardo testified that he took Medina to the Classic Inn. When Medina did not see the car he was looking for at the Classic Inn, he asked Gallardo to take him to the Ramada Inn in Lewisville, Texas. Presumably, Media was looking for the white car which had already been moved to the Ramada Inn by Hernandez who was registered at the Classic Inn from March 6 thru 10, 1994. Id. at 424, 425. The question of how the white car arrived at the parking lot of the Ramada Inn was never answered. However, it was confirmed later by Agent Elliott after she wrote down the license plates that the white car was indeed located at the Ramada Inn before she broke off surveillance at 11:00 p.m. on March 10, 1994.

Upon their arrival at the Ramada Inn around 10:30 p.m. on March 10, 1994, Gallardo and Medina saw Muniz carrying a bag of groceries. (T.R. 903). Muniz and Medina went into the lobby together where Medina was hailed by a young man in his mid-to-late twenties. At that time, Medina took leave of Muniz’s company and was not seen by Muniz again until the following morning at approximately 8:30 a.m. Apparently, the young man in his mid-to-late twenties was D—– Hernandez. After parking the white car in the parking lot, he waited for Medina to arrive. All these events that occurred prior to the time that Muniz was arrested after driving the white car happened without Muniz’s knowledge. Knowledge is precisely the element of the offenses charged that was not successfully challenged by defense counsel at trial.

The government has the burden to prove each element of the offenses, and that one element of the offense in question is the “knowing” action by Muniz. The word “knowingly” means that the act was done voluntarily and intentionally and not because of mistake or accident. United States v.Rubio, 834 F.2d 442, 448 (5th Cr. 1987).

For additional information, contact the National Committee to Free Ramsey Muniz at imuniz1310 (at) earthlink.net.

Irma Muniz

Dear Friends:

Ramsey and I have just shared a most powerful and profound visit after all these years of confinement, and we will be visiting for the next 2 days. I continue to be amazed and impressed with his persistence for his freedom and the freedom of all humanity.

We will be praying that President Barack Obama will consider and grant his application for commutation of sentence (pardon) which we recently submitted. Nevertheless, we will be in the process of scheduling appointments with attorney Dick DeGuerin from Houston, Texas and Roy Barrera, Jr. from San Antonio, TX, to begin the legal process of reopening his case.

We will prove not only his innocence, but the injustices and unusual cruel punishment that Ramsey has suffered for the last 16 and a half years.

Within the next 2 months we will seek congressional support from your U.S. congressman to have Ramsey transferred to Three Rivers FCI or Bastrop FCI which will place him closer to our family and to those who continue to support his freedom.

If you wish to relay any messages, please do so since I will be with Ramsey until Monday.

May God bless you, and I will stay in touch!

Sincerely,
Irma

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Editor’s Note: the above email was received from Irma Muniz on May 23, 2010. Below is an email from May 15, 2010–gm

My Ultimate Spiritual Power is to Die Fighting for my God-given Freedom

Dear Friends:

Ramsey Muniz, who was at the forefront of the Chicano Civil Rights Movement, has been incarcerated for nearly 17 years of his life, for a crime he did not commit.

Evidence clearly shows that government attorneys withheld the evidence which showed the identity of the actual culprit. It was kept from the defense attorney, the court, and the jury until it was too late. What does it take for an innocent man to be given his freedom? When will Mexicans ever get the same justice given to others?

* * * * *

“Ramsey, your humility, your suffering, your innocence and poverty in your present imprisonment has transformed you into the most powerful symbol of human salvation and freedom.”

–The late Dr. Salvador Alvarez
Father of Irma Muñiz

“If I should die in this imprisonment, it is my ultimate spiritual power to die fighting for my
God-given freedom. The eternal freedom becomes a spiritual dimension of human desire for all humanity.”

–Ramsey Muñiz

* * * * *

May 10, 2010

The time has come! Yes, we have suffered for a long time and it is time for the world to know. Please understand that the world itself is going through drastic changes as if this were a message from God.

In my dreams, the messages received from all the spirits is that our time as a people, as a raza, as a nation of Mexicanos has come. It is as if the great giant has finally awakened from a long sleep. Please believe me when I tell you that the issue of who we are, why we are, when we are, and where we are going will eventually include our case for freedom.

Amor,
Ramsey Muñiz – Tezcatlipoca

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Editor’s Note: one more email gratefully received late night May 23–gm

The messages below represent a profound awakening of spiritual consciousness pertaining to humanity.

Ramsey:

“Freedom is not handed to you. You must make it, and you make it by searching for it.”

“God does not want to do everything, so as to take free will from you and part of His glory that falls to you.”

“We must embrace the cultures of others so that others may embrace our own. Let us remember, at the dawn of this new century, that our history is not over. We live in a continuous incomplete history.”

“The lesson of our unfinished humanity is that when we exclude, we are made poorer and when we include, we are made richer. Will we have time to discover, touch, and count the number of brothers and sisters that we can say we have embraced and counted among us? None of us will ever be able to find the humanity within us unless we are able to find it first in others. The place where the different races come together is the source of the greatest cultures.”

–The Late Dr. Salvador Alvarez
Father of Irma Muñiz

Dear Friends:

I received the letter below from my loving husband, Ramsey. He speaks about
overcoming suffering through love, the essence of freedom, and profound change that is to
come.

–Irma Muniz

* * * * *

“Knowing ourselves makes us beautiful because it shows us what we desire.
When a woman desires, she is always beautiful.”
–Tezcatlipoca

3/22/09

We exist in this world of today, we live with each other, we live in history
and we will have to defend our memory, our desires, and our presence on this
earth for the sake of the continuity of our lives. Do not ever let yourself be
vanquished by anything but your soul.

From this cold hard imprisonment, our most precious powerful love and spirituality have kept me alive with the power of
our continuous struggle for my freedom. I’m the essence of freedom, I’m the
power of freedom, I’m chosen by our Creator to bring the true meaning and love of
freedom.

The spirits of those who are in heaven continue to be present in this
mode of oppressive darkness. It is them, because at one time or another they
exhibited the true meaning of freedom in their lives. We can never be defeated. The
power of their spirituality is the most profound and visible in my life everyday.

Yes, the suffering at times is unbearable and the darkness of where I live can
hardly be accepted, but the Creator continues to give me life, love, power, strength,
courage, and faith. I’m now all about faith. My faith for my freedom can never be
destroyed or defeated. My heart and mind are already free!

The world is changing like never before in its history. We must be ready for
this change and we must find forgiveness in our hearts for those who left me without food,
water and naked. I love you with my life!

In exile,
Ramsey – Tezcatlipoca
www.freeramsey.com

Dear Friends:

It was just recently that Ramsey’s worst nightmare resurfaced. For reasons
beyond his control or involvement, he and many others experienced the ordeal of 2
weeks in “lockdown.” Through prayers and support, this condition has begun to change
back to a normal status. Below is correspondence received during time spent in harsh
conditions.

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“The more vital a people, the more individual and special their God.”

5/13/09

My Dearest Citlalmina:

We continue to be in lockdown status. The desire for food doesn’t faze me at
all. I do a lot of praying, reading, meditating, praying, and reading. I hope
not, but it seems we will be in lockdown for a while. Do not worry about me
for you know that this Mexicano spiritual warrior will travel into a world of
spirituality and nothing can defeat me there.

Please know that I will be writing everyday during this lockdown status just
to confirm that I’m alright. Besides, I love writing to you! I only ask that
you take good care of mom. She resides in my corazon and we have become
powerful.

Amor,
Tezcatlipoca

“We are in an era of spiritual/cultural consciousness. One cannot live
one’s life shut up in the ivory tower of one’s own fantasy.”

Amor,
Tezcatlipoca

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5/14/09

Only with the power of God and love of those who are in heaven do I survive
this oppressive means of life in the institution of cruel and unusual
punishment. In fact, It totally amazes me that instead of feeling lonely, sad
or weak, I have become a most powerful, profound Mexicano. You and especially
mom are constantly in my mind and corazon. I only ask that you take good care
of her, for my own mother, Hilda is right there with her, sharing her
strength, love, and spirituality. Together they can rule all of Aztlan!

Be strong, have faith in yourself! Many truly do not understand the true
meaning of the word faith!

Amor,
Tezcatlipoca

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“Just the constant realization that there exists something infinitely more
just and happy than I is enough to fill me with a limitless joy and pride,
whatever I may be and whatever I may have done.”

“We have been in a struggle of humanity for existence and justice for the
last five hundred years and it was my destiny to be a part of this
history.”

Tez

5/18/09

My dearest Citlalmina:

Confined in this 6×9 cell day and night without the movement of 6 steps either
way, pacing like a tiger, seeking the opening of the door one day soon. Yet
deep in my corazon and mind I know that I have experienced these moments and
times once before for 36 months. I came out knowing that God the Creator has a
purpose in my life because he took my heart, my soul and mind to the highest
mountain and said unto the world,” This is my son, Ramsey, and from the time
of his birth he was destined to bring love, harmony, justice, faith and
freedom to all humanity. Pray for him, for he will be the rising of the
spiritual consciousness of humanity who are oppressed in the world of today
and tomorrow.”

“We are dying while we are still alive. We are born dead, and moreover
we have long ceased to be the sons of living fathers; we become more and
content with our oppressive conditions. We are acquiring a taste for it,
but soon we shall invent and share a method of being born from an idea of
freedom”.

Tez

In order to know and understand who you truly are, you must know your history.
In the darkness and loneliness of these solitary confinements with little
light to read, I became a confined scholar of our cultural/spiritual/and
political history. In my heart, I now know that it is only a matter of time
when we as a people will begin to mark our place in the history of yesterday,
today, and tomorrow.

“The law of human existence consists of us always having something infinitely
great to worship. If we were deprived of this idea of infinite greatness, we
wouldn’t want to live and would die of despair.”

Tez

I’m unable to take credit for the rising and reuniting of nuestra linda
gente after 500 years of oppression, discrimination, injustices, and
confinement with chains and shackles on a cold body, but it is written since
August 13, 1521, when our last “Tlatoani,” Cuauhtemco, spoke to our
ancestors stating that we would rise once again. He too was confined and
chained by the oppressor.

It is officially written by American authorities that by the year 2030 we will
be half of the population in the United States of America. I knew the same in
the dungeons of America, reading our ancient Mexika writings where the same
was predicted. Now you know why in my heart and soul I’m free. Look at me —
my soul is free and no one will ever take that away from me — not chains,
shackles, or solitary confinement. I’m a free Mexicano! The time has come
for the world to know of our strength, courage, and refusal to give up this
struggle of ours!

“Where there is no love, there is no reason either.”

In exile,
Tezcatlipoca
www.freeramsey.com