Category: Uncategorized

  • Ramsey Muniz Life Sentence Questioned

    Enclosed is a memorandum sent to Ramsey Muniz
    regarding his legal case. Know that we are
    very encouraged about this information, and
    remain optimistic. Please distribute.
    ==Irma L. Muniz, via Sixth Sun Mailing List

    July 28, 2005

    According to the court, under the sentencing
    guidelines, the offensive level applicable to your
    case was 37, category VI. With this in mind, the court
    found that the punishment in your case was mandatory
    life imprisonment. Under the guidelines (see sentencing
    transcript at p. 29) it appears that this finding is
    incorrect. Level 37 with 9 criminal history points is
    not category 6. It is category 4. (See sentencing table).
    Thus, under category 4, the punishment required by the
    guidelines is not life. It is 292-365 months [24-30 years]. The court
    did it wrong. While this error appears to be harmless, under the
    section 841 enhancement (with 2 prior convictions), the
    contrary is the true. The record does not show that the
    government followed the proper section 851 procedure.
    To apply the section 841 enhancement, the government must
    file a section 851 "notice" before trial (selection of
    the jury). Here, the court’s docket does not show such
    filing. The only "notice" concerning section 851 was
    given at sentencing hearing concerning the enhancement.
    (See sentencing transcript, at page 3). If this is
    true, the government followed the wrong procedure and
    there is law to support this fact. Your sentence of
    life is void because by not filing the section 851
    notice (before the jury selection), the government did
    not give proper jurisdiction to the court. It has no
    jurisdiction over the enhanced penalty of section 841.

    With the available record, it is possible to assume
    that this conclusion is correct. Nevertheless, we must
    be 100 percent sure that this fact is accurate. Send
    this letter, the sentencing transcripts, and the court’s
    docket to Jesse Gamez for corroboration.

    We have a jurisdictional argument for any court, at
    any time, because a jurisdictional issue is never waived
    or restringed by the AedpA’s 1 year time limitation.


    www.freeramsey.com
    For background on Ramsey Muniz, see TCRR special report: Narco Politics vs. Civil Rights.

  • Monthly Traffic Up, Up, UP

    Compared to January, our web traffic for September at the Texas
    Civil Rights Review will see a fourfold increase in page hits as
    counted by our statistics module. Meanwhile, the web rating service
    Alexa shows us dropping by 2 million places over the past three months
    in terms of traffic share. I’m not sure how to reconcile the two
    numbers, but I do want to thank you for making TCRR one of your web
    stops.

    Don’t worry, we’re not chasing a mass market here. At TCRR you will
    continue to find news and opinions not covered elsewhere. And if we
    have the choice of expressing opinions that will drive traffic away
    rather than keeping our mouth shut, we’ll post the difficult truth.

    Take a look at the William Bennett commentary, for example. Based on
    readership, it’s one of the more unpopular things we’ve written here in
    a while. But some things need to be said. Bennett’s little thought
    experiment was a contradiction distilled from the soul of whiteness,
    where genocide can be thought to reduce a crime rate, because the
    population that disappears is assumed to have no right to existence in
    the first place.

    The Bush White House calls Bennett’s comments inappropriate, but why?
    Because the Bush White House cherishes the life chances of the African
    American population? Or because it is inappropriate to show one’s cards
    in these high stakes games? See there, we’re doing it again already…. –gm

  • Affidavit of Kenneth Lee Connor

    Note: from a police officer who was assisting in the undercover operation.

    I observed Shelly at the drivers side door attempting to get the driver
    out of the Chevrolet. I parked my marked police unit in the
    street on Quicksilver and got out quickly and told Shelly that I was
    coming to help. As I was running towards the drivers side of the
    Chevrolet SUV I could hear other persons yelling and what sounded like
    a struggle on the passenger side of the Chevrolet SUV. Just as I
    got to the driver’s side door I heard a "pop" noise from the passenger
    side of the the Chevrolet SUV and I thought that someone had used their
    Tazeer on the subject. I heard someone make a grunting type sound
    as I have heard when someone gets Tazed. I started around the
    front side of the Chevrolet SUV to see if they needed assistance and I
    heard Julie say "I shot him". I could see Julie standing to the
    east of an unknown male who was laying face down on the ground and Sgt.
    Doyle was on his knees on the west side of the subject….

    Connor says he saw blood on Rocha’s back left. Schroeder
    handed him her gun saying ‘take it’ and he placed it on the seat of her
    car. He noticed a Tazer approximately 6 feet to the west of Daniel.
    Next to the door that Daniel had exited, he noticed a bag of marijuana.

  • Permission to Celebrate our Revolution, Sir?

    Alex Jones is usually up to something interesting and usually (as he
    says) he has a good nose for standing on the side of civil liberties
    (and sometimes civil rights). But on Saturday he spent his day
    protesting the Diez y Seis de Septiembre march and rally in
    Austin. Alex Jones is never without his reasons, but this time
    (as with his sometime characterization of civil rights orgs as racist)
    his instinct for confronting unjust power has wavered somewhat.

    Now Mr. Jones finds himself policing the observance of the Mexican
    equivalent of the Fourth of July, telling folks just how revolutionary
    they should or should not be. Just to be clear, I’d like to pose a
    question to Mr. Jones. If anyone had been arrested for their speech
    Saturday, would you be defending their right to speak or the state’s
    right to bust them? Mr. Jones takes special exception to t-shirts that commemorated the
    Plan of San Diego, a 90-year-old scheme to rid the land of
    Gringos–just as Father Hidalgo, in his legendary Grito de Dolores of
    Sept. 16, 1810, once called for the arrest or removal of all Spaniards
    from Mexico. Mr. Jones is horrified that the Plan of San Diego actually
    motivated some killing 90 years ago. And that’s fine. I’m a pacifist
    myself. No killing please. But what’s really interesting is how from
    all the history available to him, Mr. Jones would be most scandalized
    by the Plan of San Diego. As if, in the killing fields of Tejas, the
    Plan of San Diego were the bloodiest exercise of power ever seen to
    erupt from the barrel of a gun.

    We recommend Mr. Jones revisit the Autobiography of Malcolm X
    in
    order to help him keep his balance when faced with outrageous claims
    that white folks should some day suffer the very forms of power that
    white folks have wielded these past forty three presidents and
    counting. Which reminds me, the sooner Mr. Jones returns to his
    valuable work on the trail of Bush 43rd and cronies, the better.–gm

  • How to Cool Your Heels in Texas When It's Late July All Over the World

    By Greg Moses

    Indymedia Austin / Counterpunch

    On a hot day in July the chamber of the Texas Senate turns out to be a
    great place to catch some A/C and think about how there are two
    monuments to Confederate heroes on the front lawn of the Capitol.

    Read that Southmost monument carefully. The
    only reason they lost that war, explains the marble script, was because the Heroes were outnumbered six to
    one. It never was a fair fight, and the monument testifies that the Heroes never lost it.

    The Heroes put 400,000 lives on
    the line, but so did the Northern Aggressors, so the Heroes had not
    another 400,000 to waste, but the Northern Aggressors did. Jesus,
    what a bloody mess. In 1901, they were not at all ready to let that one
    go, so they built another monument on the South Capitol lawn.

    And even today, over my bar-b-que lunch I see a fellow
    diner in a Confederate flag
    t-shirt. Here we are at Ben’s Long Branch Bar-B-Que on East 11th Street, where they
    serve Soul Food Wednesdays. And in walks this confederate
    flag. Do
    these fights never go away?

    To comment on this article please go to the comment blog.
    These are the things you can ponder as you stare at the chandeliers
    round about 1:30 PM Thursday, as the titans of the Democratic Party
    huddle on the Senate floor, having no company to keep with
    Republicans who were huddled somewhere out of sight.

    In the huddle that you could see, there were, among others, Gonzalo Barrientos, the long-time survivor from Austin; John
    Whitmire, the filibusterer from North Houston; Royce West, the
    education whip, hobbling around with a kind of cast on his left
    leg no less (it was West wasn’t it with the cast? if I’d known that was
    going to be the best image of the day, I’d have taken notes); and
    Eliiot Shapleigh, the one who will tell you plain out
    that Texas would do much better having an income tax.

    Other than that, all we see in terms of Senators is one guy on the Right side of the aisle cruising
    Google Earth in search of various properties that we up in the gallery
    suppose that he owns.

    Everybody could see that these hapless pols weren’t part of the back-room deal making that,
    by day’s end, would be sure enough promised to deliver the Senate this time once more,
    yeah sure, to successful conclusion on education policy.

    When Lieutenant Governor David Dewhurst walked out to rationalize for
    the press, you could see that it was gonna be a little more talk and a
    lot less action. Not a bad time to get a
    Starbuck’s coffee, read the New York Times article about Rumsfeld in
    Baghdad, and cross your fingers about mid-term elections next year.

    It also
    helps to sit near lobbyists. "There she
    goes back to her office," said two well-heeled suits at the same time,
    indicating a well-placed staffer who smiled briefly into the galleries
    before disappearing. "It’s going to be awhile," they agreed.

    But can you believe it? Not one, but two monuments to the Confederacy out
    front? The history of this legislature is surely written in
    granite priorities outside.

    I had time to mosey through the monuments Thursday morning, being as how I
    was early to the Latino Coalition’s press conference, and even after
    circling both Civil War monuments, I was still early enough to catch the
    MALDEF team standing alone at the South Steps.

    David Hinojosa, Luis Figueroa, and an intern were staking out the
    territory for this morning’s announcement of a six-point plan–a simple
    way of reminding Texas what a good education bill would look
    like–one that wouldn’t require court intervention either.

    "They say we’re out of ideas and we only oppose bills," said
    Figueroa. "So we’re here to show them the ideas that we’re for."

    "People have asked whether no bill would be better than a bad bill," said Hinojosa. "But what about a great bill?"

    A great education bill would:

    (1) Equalize Funding so that all children would share the wealth regardless of where they are born.

    (2) Make sure facilities are up-to-date, a need that remains unmet in
    many of MALDEF’s client districts in the
    latest round of education litigation.

    (3) Fund realistic "weights" for the education of English Language
    Learners (15 percent of all students) and Low Income Children (50
    percent, yes half of all Texas Students are Low Income). These
    students need a forty percent increase right away.

    (4) Pay teachers good wages. The Southwest Workers Union was on
    hand Thursday morning with signs asking, "Living Wages for School Workers",
    and a huge banner demanding: "Mandamos Justicia".

    (5) Accountability without high stakes testing. As the press kit

    explained, many students take tests that assume they have been taught the
    material in the first place by obedient if not qualified teachers.

    (6) And finally (because there are only really five things that the
    legislature refuses to do, not six) why not give the kids of Texas a
    chance to excel in
    education. Give them the education they need to rank among the top
    tiers of their
    globalized peers. Wouldn’t that be the kind of thing a state
    would want for its kids? Isn’t this the kind of things heroes
    fight for?

    But what does any of this have to do with tax cuts, you ask?
    And aren’t tax cuts the one thing that legislators have to bring back
    to their voters this year? The MALDEF team
    takes no official line on taxes, but they have noticed that cutting
    taxes is much more important to this legislature than doing six (or five) good
    things for education. But who hasn’t noticed that?

    The message of the Latino Coalition is crisp and bright. But it ain’t a
    cheap message, that’s for sure. And Texas voters are having
    difficulty rising to level of maturity required to say: children first.

    By afternoon Thursday, it’s not clear that any of this Latino Coalition
    sunshine has penetrated into the carpeted hush of Senate chambers where
    up at the gallery level children come and go quickly with their
    vacationing parents. It’s not a bad space to be walking around or
    sitting around as the July sun climbs up the ladder outside.

    A dozen blocks away at City Hall I tug on the first door handle, my
    body looking forward to the whoosh of chilled air, but what’s that
    noise? Turns out that door handle is unauthorized entrance and I’ve
    just set
    off an intruder alert. A guy is wagging his finger at me. I don’t
    wait for him to finish his sentence. I step back out into the
    heat. Great. Shows you how well I know
    City Hall these days.

    Okay so back out the door and around through the metal detector and
    x-ray, probably a video tape, too. Here I don’t set off any
    alarms, so I go stand by the Chief of Police for a second while I
    search for a seat.

    Councilmember Brewster McCracken is looking over the freshly drafted
    city budget and trying to come to grips with the fact that the city is
    headed toward a police state far as the eye can see. Of course,
    that’s not the way he says it exactly. But he notices that the
    police portion of the city budget is up to 75 percent and
    climbing.

    Give us a decade, and we’ll all be working for the
    police union, while not doing jobs like librarian, park maintenance,
    after school programs, health care–you know, all that socialist
    nonsense that we began to finally outgrow round about 1980.

    So I’m not unhappy to go out and join the socialists, anarchists,
    greens, poets, artists, and possibly even Democrats who have gathered
    along Cesar Chavez Street this aftern

    oon to protest the killing of
    18-year-old Daniel Rocha, who, according to the sign I was holding, was
    shot in the back at point blank range. He was unarmed at the
    time, although possibly guilty of having smoked a reefer two hours
    earlier, if you believe the revised toxicology report, which folks out
    here with signs aren’t really wanting to to.

    And even if Rocha had
    been stoned two hours earlier, so what? I mean you go around
    killing previously stoned people in Austin, Texas? No wonder
    Willie is keeping a heavy touring schedule these days.

    Back inside the building, Councilmember Danny Thomas wants to know how
    police get a 2.7 customer satisfaction rating? Those are the
    kinds of questions you can sincerely wonder about in there with your
    air conditioners humming, behind your security screens, as you pass out
    an award to the cop who killed a mentally deranged woman who was
    threatening someone with a knife. Today it is official, that the
    cop has been cleared by the feds, so he is a hero, he saved a
    life. Now on to the Rocha killing.

    And, um, I forget, what
    was that question you asked Mr. Thomas? Oh right. Why are people who
    are not federal agents or Councilmembers not impressed with police
    today? And I know you didn’t ask this, but why won’t they–even
    in the face of what a police state looks like–raise taxes for
    education?

    "Money for jobs and ed-u-ca-tion. Not more po-lice
    oc-cu-pa-tion." I put down my sign and make a note of this
    chant. Sort of sums up my day. Two standing monuments to Confederate Heroes, can
    you believe it?