MISCARRIAGE OF JUSTICE

The Case of Donald Jones

By Lord Serious

Miscarriage of Justice. Decision or outcome of legal proceeding that is prejudicial or inconsistent with substantial rights of the party. (Black’s Law Dictionary, Abridged Fifth Edition)

Donald Jones was a blue collar hard working father of four children in 1994. He never imagined that by age 20 a false accusation would have him fighting to get out of prison for the next 30 years. His 1995 conviction for Abduction and Aggravated Sexual Assault after a bench trial in Petersburg Circuit Court before the Honorable Judge Oliver Pollard forever changed his life. “The judge sentenced me to 95 years with 5 suspended”, says Mr. Jones.

On 11/13/95 an unknown person sent his trial attorney Paul Bland a file containing information that an additional forensic report existed which had never been disclosed to Mr. Jones or his attorney.

The Commonwealth’s Attorney’s Office had withheld exculpatory evidence that supported Mr. Jones’s claim that he was an innocent man. In light of this newly discovered evidence Judge Pollard stayed Mr. Jones’s sentence until he could review the file and take the matter into consideration. This court order to stay Mr. Jones’s sentence could only be overridden by a new court order. However, as a result of a clerical error Mr. Jones’s sentence and conviction were reactivated and he was transferred into the custody of Virginia Department of Corrections (VDOC) without a valid sentencing order on 1/18/96.

Ironically, when VDOC became aware that Mr. Jones was being unlawfully detained they contacted Petersburg City Jail to inform them that Mr. Jones would have to be released from their custody. Apparently, because his sentence was stayed on 11/15/95, Mr. Jones was a free man as far as VDOC was concerned. But officials at the city jail misled VDOC into believing that there was a retainer on Mr. Jones. It was unclear to VDOC whether Mr. Jones still had jail time to serve or if he would be resentenced at a later date. On 7/23/96 Mr. Jones was transferred back to Petersburg City Jail.

He had recently hired attorney Joseph Morrissey to represent him. According to Mr. Jones, his new attorney filed a Motion to Vacate his conviction. But when Mr. Jones went back before Judge Pollard the Motion to Vacate was never heard. Mr. Jones claims that it was at this time when Joseph Morrissey presented him with a plea bargain for 20 years. “They were trying to hide what had been done, because they knew I couldn’t be sent back to prison under the same vacated sentencing order.” Mr. Jones claims that Judge Pollard’s 11/15/95 order to stay his 90 year active sentence required a hearing to review the suppressed exculpatory evidence. “I know Joe Morrissey was in on it”, Mr. Jones fumes, “he sold me out.”

When Mr. Jones refused the plea deal Judge Pollard held an illegal hearing by resentencing him once again under that old conviction order which Mr. Jones claims the judge could no longer do. “The court had lost its jurisdiction once 21 days had lapsed on the order to stay my sentence and they transferred me into DOC custody.”

On “9-10-96 Petersburg Circuit Court upheld the sentence of 10-26-95. Mr. Jones has a total of 90yrs to serve” (DOC Memorandum dated 10/2/96). Mr. Jones was transferred back into VDOC custody on 9/11/96.

This is the story of how a loving father of four had his life torn apart, and how the man Donald Jones became inmate #1076927. For 30 years Mr. Jones has had to live with the mistakes of others and suffer the consequences as if they were his own. Mr. Jones has lost more than his employment and yearly salary as a dump truck driver. He has been deprived of his God given right to be a physically present father and raise his kids. Mr. Jones has missed out on birthdays, graduations, the birth of his grandbabies, and the ability to protect his children.

In 2014 his youngest son Jaymonta Jones was gunned down in Petersburg, Virginia. “I could see the effect his brother’s death was having on my oldest son Jamar. I knew I was losing him and there was nothing I could do about it.” Within eight years his oldest son Jamar Jones would be murdered too. Another victim of senseless gun violence in Petersburg. “I’ve had to bury both of my sons from the penitentiary”, Jones told me.

It is clear that prison has taken a lot from Donald Jones and he has had to carry a burden that no man should be forced to bear. But he doesn’t let his circumstances discourage him. Mr. Jones told me that he had done everything within his power to get his case back in court and overturned. But appeal after appeal was denied.

He said, “I didn’t know what else to do, or who I could turn to. So I kept faith and prayed.”

Whenever I’ve observed Mr. Jones, he is always giving a kind word or helping others. I asked how he was able to get his case back in court after so many years had passed? He replied, “One day my counselor observed me fixing guys a meal in the mental health pod during the holidays. Which is part of my ministry, it’s something I did for every major holiday. When this woman approached me and asked me, “What can I do to help you make parole?” I told her that in 1996 Greensville Correctional Center released me after it had been discovered by a staff member that my sentencing order and conviction had been stayed and vacated by my trial judge. I told her that DOC sent me back to the jail, because DOC could not keep me in their custody without a valid sentencing order. But no one will believe me.”

Mr. Jones then informed me that his counselor was now more determined than ever to help him regain his freedom. According to Mr. Jones this woman told him that she would check his files to see if she could locate anything of use to him. And if she did then she’d provide him with a copy.

Sure enough, after her lunch break his counselor returned with a file. She handed him the documents and that there was a sticky note attached to them that read “Whatever you do, never give inmate a copy of these files”. When Mr. Jones inspects the contents of the documents, he finds a handwritten copy of the very documents he’s been trying to get access to for 20 years.

Mr. Jones informed me that the prison records department refused to allow his counselor to remove the file or make photocopies of it. So she made a handwritten copy and uploaded its contents into his Coris file which is the database system VDOC uses to keep track of inmates within their custody.

The counselor allegedly tells him, “I told records that this can’t be legal and if it’s his files then he can have them.” Mr. Jones assures me that these were the woman’s words verbatim. He’s asked me not to identify her by name, however, he seems confident that if it would help his case she would be willing to answer any questions and even testify under oath in open court to these facts.

With this new evidence of government suppression Mr. Jones was now able to get his case back into court and fight for his freedom again. He wrote the courts requesting a copy of his case file. Hoping it would contain an actual copy of the document his counselor provided him. But Petersburg Circuit Court refused to furnish him with a copy of his case file. He alleges that his numerous attempts have been frustrated by a clerk named Harold Johnson.

When I asked Mr. Jones what reason would Harold Johnson have to interfere in his attempts to regain freedom? He claimed the two of them have a history of bad blood. According to Mr. Jones, he and Harold Johnson had a physical altercation when they both were younger. I questioned whether Mr. Johnson would actually violate the law and risk his career over something so juvenile? And Mr. Jones told me the following story:

“One day I go to my baby mama’s house to see her and my daughter. And this guy is there sitting on the couch next to my baby mama with my daughter on his knee. I walk over and pick my daughter up then I tell him “Alright, you can leave.” He gave me a look and before he could get the words out of his mouth I smacked him in the face. He then got up and left.”

Mr. Jones alleges that Harold Johnson has been holding a grudge against him ever since, and though Mr. Johnson is now a married man; Harold Johnson has continued to carry on an extramarital affair with his daughter’s mother throughout his incarceration. Mr. Jones claims whenever he sends family members to the courthouse to purchase a copy of his files, they are told by someone at the clerk’s office that a judge needs to review their request before his files can be released.

I remind Mr. Jones that his court records are public record and anyone should be able to get access to them if they’re willing to pay for the copies. He replies, “I know.” When I asked were his files or court proceedings were under a court seal he responds, “No.” Mr. Jones continued, “Harold Johnson is one of the top clerk’s at this office, and still to this day my files still haven’t been released to me.”

As we further discuss his case he reveals that the suppression of evidence and government interference goes even further. Recently he has uncovered new exculpatory evidence- biological evidence that has been suppressed. I asked him how he acquired this evidence without going through the clerk’s office? He reminded me of a mass email that was sent out by VDOC to all offenders. The August 22, 2024 email stated the Department of Forensic Science was reviewing all cases from the 1970s to 1980s that were worked by Mary Jane Burton due to possible corruption.

His case happened in the 90s. But he figured that if Mary Jane Burton was involved in a cover up then it was possible that the forensic scientist who worked on his case was involved in a cover up too. Mr. Jones was resourceful enough to get the address to the Department of Forensic Science from that email and he wrote the lab himself.

Within a few weeks Mr. Jones received a response from the lab, and within the contents of it he found a certificate analysis for a blood test. This report revealed that special instructions were given by Commonwealth’s Attorney Bill Bray instructing them to stop further testing and that a separate report was written. Furthermore, Commonwealth’s Attorney Bill Bray personally collected the evidence himself from the lab. The findings of the blood test revealed that the contributor was likely someone of Hispanic descent. However, the other report that was written which was not sent to him is still being withheld by the Commonwealth’s Attorney Office. Mr. Jones argues that this separate report likely contains the certificate of analysis and the findings of a DNA test. I remind Mr. Jones blood tests are less reliable than DNA evidence, and he suggests that this is why it is being suppressed. “They don’t want me to get my hands on it cause they know it will free me”, says Mr. Jones regarding the potential exculpatory evidence. Mr. Jones says Commonwealth’s Attorney Bill Bray has a duty to disclose all of the evidence to him, but he’s been violating the law for 30 years.

Since 2016 Mr. Jones has filled the following motions and petitions within Petersburg Circuit Court, Virginia Court of Appeals, and the Supreme Court of Virginia:

Motion to Vacate in 2016
Writ of Coram Nobis in 2022
Appeal to Virginia Court of Appeals in 2023
Supreme Court of Virginia rendered judgement September 12, 2024

The presumption of guilt after conviction and entering DOC custody may not be an impossible hurdle to overcome for prisoners. Nevertheless, for Mr. Jones the task has been an extremely daunting one. Donald Jones is deserving of additional judicial review and a fair and impartial hearing on the merits of his claims. Yes, he has had his day in court, and he has had multiple appeals, petitions, and motions denied. However, not every trial is fair; not every guilty verdict is lawful; sometimes, innocent people get convicted and a miscarriage of justice occurs. Therefore, this direct appeal is being made to the hearts and minds of the public. Because in a democracy the Court of Public Opinion has always been the supreme court of the land.

We, the incarcerated, the disenfranchised, get manhunted as social deviants, corralled as criminal offenders, branded as felons, and occasionally, released back into society as returning citizens. For most of this time we are kept separated from the public by time, distance, and the cement walls which barricade us. A rather crude merger of conditions which has the sterilizing effect of muting our voices. No one in the criminal justice system heard this man’s cries for help.

We the incarcerated, the disenfranchised, make no claims at being perfect. However, there are those cloaked in the awesome power of public office who set out on a crusade to convince the world that the criminal justice system is perfect. Yet, every year there seems to be more people getting their cases overturned. The public is appalled to learn that government corruption and suppression of evidence is responsible for causing these wrongful convictions. These miscarriages of justice are far too common today, as the prison industrial complex finds it more difficult to manage the problems caused by mass incarceration: the public defender offices with far too many caseloads; prosecutors offices whose annual budgets are determined by the number of felony cases they charge; and, the Black men like Donald Jones, who come from impoverished communities and who are disproportionately denied justice in courtrooms nationwide.

For all of the above reasons We, the incarcerated, fast and pray this Court will grant the relief sought.

P.E.A.C.E

Pardon Exonerate Amend Cases Everywhere

There’s No Justice In The Law

by Lord Serious

Justice cannot be arrested by law. Justice cannot be confined to any statute. Whenever lawmakers attempt to codify justice, justice ceases to exist. The framers thought they captured it in the constitution, but that is no justice. That is only the imitation of justice. The narrow scope of the law is only a cheap replica of what lawmakers think justice should be. Do these man made laws truly serve the greater good? If so, then why do these public safety policies result in disparate treatment that makes disadvantage groups feel unsafe? When the law being implemented in the interest of justice serves only special interest; these laws aren’t just, they’re just the law.

Justice is an art, the law is a science. One is abstract and infinite while the other concrete and finite. It is justice that established the four seasons and equally divided time between day and night. It is the law that caused global warming and decides daylight savings time. The law’s limitation is that it can only impose penalties. But justice is boundless in its ability to grant rewards. The nature of law is to discriminate. But justice will befriend an enemy, because it’s nature is to be indiscriminate. The law can be used to condemn and incriminate the innocent. Justice has fulfilled its purpose when it redeems and liberates the guilty.

The criminal justice system is a system of laws governing institutions to punish those who have violated the law. This system is so structured that it has an inherent bias towards the social conditions of the impoverished. Those who are being marginalized and excluded from mainstream society are disproportionately underemployed. They disproportionately suffer from mental health issues. Furthermore, their environmental conditions disproportionately exposes them to traumatic experiences within their homes and in their community.

As a direct result of these conditions, a major disparity exists between which socioeconomic class receives heavy scrutiny under the law and which receives a slap on the wrist. There are disparities in how the law penalizes the white collar and corporate crimes predominantly committed by the upper class. Versus how the law punishes the property crime, substance abuse, and violent crimes that are caused by poverty. Justice will always correct imbalance wherever it may exist. But the laws inhibit justice, because they are what cause the imbalances within this society to increase: the wage gap, the shrinking middle class, the opioid crisis. All of these social conditions are symptoms of the larger class conflict. These are the effects caused by laws that reflect the predatory behavior of the capitalist elite.

It is the law that permits the capitalist elite to cause an economic crisis that disproportionately harms middle class and lower class Americans. Increasing layoffs and unemployment nationwide. It is the law that provides government bailouts to the wealthy, but provides no relief to the member of the middle class facing foreclosure. It is the law that allows the institutional investor to buy these single family homes for pennies on the dollar and gentrify impoverished neighborhoods. Then put these properties back on the rental market and raise rent on the underprivileged. It is the law that permits the increase of evictions and then passes new laws to ban homeless encampments.

For this system to be just, it must stop punishing its citizens for being victimized by the very social conditions the laws create. Until lawmakers see those of us on the bottom of the social hierarchy, the laws will continue to protect the capital interest of their donors and special interest groups. Until legislators open their eyes to the social disorder being caused by the predatory behavior of the upper class, the law will continue to be wielded as a weapon to criminalize every member of the American underclass who accepts defeat. The law imposes retribution and it demands deterrence, but justice repairs harm and it restores balance. Laws penalizing those responsible for structuring this society in a way that causes the conditions influencing criminal behavior do not exist and they never will. These conditions are only allowed to exist, because there is no justice in the law.

P.E.A.C.E
Proper Education Always Corrects Error

Lord Serious Hakim Allah

(aka James Boughton # 1404741)

Lawrenceville Correctional Center

Change Is Here

HEAVY, that’s what this obtains, heavy thoughts to provoke the brain to go beyond it’s regular (limited) capacity of thinking that a change is gonna come. Whether or not you’re aware, change is here. Not without a united front standing strong tother & putting forth the necessary work to promote positive change. Even then, them haters will still hate. It’s in their D.N.A. (genetic makeup).

The first ever to possess racist views is Shaytan (Ibliss, Satan, Lucifer, etc.) He was under his own impression, that because he was created from a smokeless flame, and that we (human beings) are created from alternating mud, gives him president over us. But when corrected by the Creator of all that exists, that we are more deserving, he begin his hate campaign, and since that time until the last day on earth, he continuously pushes his hate for us. Even in the hearts of our own kind does this hate lies. So see, hate is nothing more than a enemy to your own being, whether you realize it or not, before its to late to repent for past actions or views taken.

Ask yourself this question: if real space aliens were to invade our planet & attempt to erase our way of living – erase us – I’d give a arm & leg that all racist views of each other would become nonexistent, and we would join together on a united front to fight & protect our existence. There would be no white, black, yellow, or brown. The only color that would be, would be the humanity color of all human beings. Working together for a common purpose: to live. U.S.A. (United States of America), if we’re not going to stand for what this great land of ours is suppose to represent, then they might as well change its name. There’s a reason why GOD created all men equal (regardless of the different shades, shapes, and sizes).

Racism needs to be stamped out completely, we’ve come too far for this sh#t, and it’s long overdue. There must be equality, plus justice for all, or none at all. That’s my take on such. Peace y’all, from a captive still stuck in the beast. Real Talk!!

-D. Moyler, Contributing Writer | Virginia #1119539

Overcoming Race: It all starts with you.

Racism can be over come and by nature is not able to establish the human race. I am not one who experienced much racism openly but have felt many of the after effects of the hatred that stems from racism. As long as people continue to keep the mindset that one race is superior, to another none will be able to reach their highest capacity for growth.

In fact each and every one of us are needed to support each other so that we can become what we truly are, which is ONE race. I truly have hope for changes within the system, that they will improve all of our living conditions but unless these changes touch the hearts of those who have had to endure mistreatment through these growing pains, no real change can be made. It all starts with you.

My name is Shaveek Pittman and I am currently incarcerated at Lawrenceville Correctional Center.

-Shaveek Pittman Contributing Writer | Virginia #1870834

How To Overcome Racism

by Lord Serious

We march holding signs,
We hold hands while we chant,
We sing we shall overcome –
but secretly we believe we can’t.

We plead with our oppressors,
We beg our enslavers,
We vote for our enemies
and hope they show us favor.

Our Black men live in chains,
Our Black women get shot,
Our children are miseducated
Are we free? I think not.

To overcome this racist system,
Blacks must face the facts,
We do not need the White man,
it is the White man who needs Blacks.

When he teaches us our history,
Blacks are traded like stocks
When we learn of Black empires,
this comes as a shock.

These books are never recommended,
These facts never mentioned,
Our so called White allies
are those who kept us dependent.

Your thoughts are not your thoughts,
Your own words you cannot talk,
So before you give an opinion,
you first must be taught.

The art of peaceful protest
that’s a tool for the poor,
But the rich and affluent
always threaten civil war.

The powerful understand power,
But the powerless are unsure,
This is why for every life lost,
they will lose a hundred more.

One day when Blacks lose patience,
One day when Blacks stop waiting,
One day Blacks in this nation
will overcome racism through separation.

– Lord Serious Hakim Allah / J. Boughton Jr., Chesapeake, VA #1404741

Lord Serious Hakim Allah is the author of the controversial book APOTHEOSIS LORD SERIOUS HAKIM ALLAH’S HABEAS CORPUS APPEAL available now on Amazon.com for $10.00 plus s/h. It is a must read.

Man // Foundations

By Brandon Hope

Black man, white man, who am I man?
Oppressor or victim to oppression?

I am human, you can not second guess it –
but that tends to go in one ear and out the other.
The less that I’ve chosen one race over the other,
the deeper I dove in to the bi-racial struggle.

Confusion that’s when they can’t tell what’s my color.
Deception accusations when they can’t tell what’s my color.

Abusive repercussions cause I’m not quite my mother,
Abusive repercussions cause I’m not quite my father,
Abusive repercussions cause they don’t know what I am,
Abusive repercussions when I’m merely just a MAN.

My experience with racism is very different from most, being that I am a bi-racial man that comes from a bi-racial household. For one, my grandparents on both sides of my family are very bias towards the other race, so that was an interesting and painful experience growing up, never feeling accepted in my own home amongst my own family. Then, I got the same type of experience at school and in my neighborhood. So on top of the systemic racism that we are all faced within our neighborhoods, (the ghetto) and in our schools, I was dealing with it from my family and peers.

Now, I believe that racism can be fixed…. but only with hard work and time, because racism is inbred within the system (when I say the system, I am speaking of the American government).

Now, picture the system as a structure like a building. If the system was a building, then the issue that needs to be fixed is deep within the concrete structure, so the only option when there is a structural problem, is to build a new foundation. But to build a new foundation, we must first tear down the building; and the new building can’t be built upon another corrupt foundation. There must be no flaws, or we will have to tear it down again. There should be no hatred in the foundation, nor bias of any kind. We must find a way to utilize love, or at the very least empathy, and build our foundation amongst it.

The answer to racism is the most common and simple phrase you hear growing up – but it is also the most complicated – because America as a whole has still failed to master it. All we have to do is, TREAT OTHERS HOW YOU WANT TO BE TREATED!!! Think about it.

– Brandon C. L. Hope, From Hampton, VA

Prompt: Justice for All? Overcoming Racism in America

From day one, American children are unassumingly taught of a set of illusionary lines concerning race… lines that marked boundaries, established sides, and created imaginary boxes that have kept a great disparagement present between races in America, possible.

The American heritage can be accurately described as one giant story of racial volatility. Its origins are steeped in a history of industrial slavery, initiating racial proclivities sustaining major gaps between the black and white conscious in America since the emancipation of slaves. All the psychological devices used to engineer more complaint products in the slave trade, and ensure that the markets could be ripe with white consumers who actually WANTED to own other human beings, had some serious after-effects. Effects that have prompted a set of unspoken laws and rules that serve to preserve the series of debaucheries that created America and its debased heritage of racial inequality…

No present day American is totally free from the effects fore mentioned. The propagation of racial class and the absurd idea of an inferior or superior race forms the basis of what the present black-white social interaction is in our counter. The concepts of white privilege and black anger show the deep contrast of the American experience. The practice of widely accepted, government sponsored denigration of humans into property, is our history. Black leaders only sought out the complicated task of reconstructing the identity of an enslaved, newly-freed, newly- formed people, Black Americans. The first bit of culture Black Americans assumed for themselves was met with public skepticism and political fear-mongering. The majority and mainstream America instantly demonized it and branded the concept of “being Black” as a lunatic fringe, subversive counterculture. “Being Black,” they labeled as “aggressive” and “anarchist.” Black people were displeased and here to overthrow the government. “They’re angry, they’re loud, you should fear them…”

Time has exposed the truth and brought their devices to heel. The modern-mind of our nation now has experienced the advent of social media in the age of information, a Renaissance in thought on American society and race relations. Now, what do we do with it? We COULD say the atrocities committed against black people were done in the ignorance that befell a still growing America… sure, that COULD be said… but that’s for those who truly believe in the strength of human decency and the belief that love can and will transcend us all into a greater society. Still, for those select few, there is the essential task of activism – manifesting beliefs into the material world by means of work… regardless of color, right is right. That feeling that claws at the heart for change, is justice. It is real and it is one. It is the key to the next step in us all making America ‘greater than it’s ever been.’

Educate the mind, keep up the body, free the soul. All power to the brothers and sisters of the struggle… We are one nation. INDIVISIBLE, with JUSTICE FOR ALL…

Prompt: Write an essay, make art, or write a poem answering the following:

What is your experience with racism? Can it be conquered or overcome? Do you have ideas how to do it?

With the special session coming up, they say there’s a chance for change within the system. Do you see that helping or hurting chances at overcoming racism and achieving justice?

-Q. Patterson