This is the story of another man; trapped, prosecuted, and jailed from the same sort of illegal, victimless, overreaching, for profit, while pretending to “save us”, proactive stings.

 

WHERE IS MY VOICE?

[PORTIONS OF THIS HAVE BEEN EDITED]

 My name is Mitchell [LAST NAME REDACTED], an American Citizen since birth…Where is my voice?  I am a combat decorated veteran of the United States Army’s 82nd Airborne Division…Where is my voice?   I am a man who fought for my country and its freedom in Desert Shield/Desert Storm…Where is my voice?  I have written and sent numerous letters to many elected officials, U.S. senators and congressmen, from my home state of Tennessee, and from Mississippi, the state that I was illegally entrapped and arrested in, from which all,  I have received no response…Where is my voice?  I have written letters to both my hometown newspaper, in Union City, Tennessee, as well as the newspaper in Southaven, Mississippi; to no avail…Where is my voice?  I have reached out to news media personalities in Memphis as well as the national level, yet again I am met with silence…Where is my voice?  I have been separated from my two sons and the rest of my family for 14 months.  [EDITED] Where is my voice?

I was illegally arrested and falsely imprisoned by an overzealous police detective, who not only violated the principles of law, the law of the land, I.C.A.C. Operational and Investigative Standards, but also the United States Supreme Court and Appellant Courts rulings on “outrageous conduct” as well as “entrapment” I was also denied due process by the misrepresentation of an inept and incompetent attorney.  [EDITED]…Where is my voice?

 It is more than just me.  There are thousands, if not tens of thousands, of men who have been illegally lured into these kinds of traps over the last several years. Unwary innocent men who have been the product of overzealous police performing impermissible acts, not to protect society or even a potential victim, but to simply arrest and prosecute, in order to drive up numbers, to justify the use of and receive more federal money through the I.C.A.C program, a federal program that has paid out more than $250,000,000 over the last 10 years to participating states.  [EDITED] It is mostly about the money, but it also works out good for the states attorney generals and prosecutors who want to mislead the public as to how tough they are on crimes against children. I say mislead, because cases involving these Craigslist Casual Encounter sting operations almost always had no actual victim. What they don’t tell is that most of the prosecuted crimes against children are [EDITED]crimes that are completely manufactured and totally under police control.  [EDITED] Many entrapment cases and outrageous conduct cases have made it to the United States Supreme Court as well as the 11 United States [Circuit] Appellant Courts.  It is settled law, what law enforcement is allowed to do during a sting and what they are not allowed to do…Where is my voice?

Our view, shared by Justice [Louis] Brandeis, that crime manufactured by the government from whole cloth would constitute outrageous conduct also has a firm jurisprudential basis.  Criminal sanction is not justified when the state manufactures crime that would under such circumstances, is not needed to deter misconduct:  absent the government’s involvement, no crime would have been committed.  Similarly, a defendant need not to be incarcerated to protect society if he or she is unlikely to commit a crime without governmental interference.  Nor does the state need to rehabilitate persons who, absent government misconduct, would not engage in crime.  Where police control and manufacture a victimless crime, it is difficult to see how anyone is actually harmed, and thus punishment ceases to be a response, but becomes an end in itself – to secure the conviction of a private criminal.  Under such circumstances, the criminal justice system infringes upon personal liberty and violates due process.”  Taken from United States vs. Bogart (1986)…Where is my voice?

 “In Newman vs. United States, the applicable principle was stated by Circuit Judge Woods. ‘It is well settled that decoys may be used to entrap criminals, and to present opportunity to one intending and willing to commit a crime, but decoys are not permissible to ensnare the innocent and law abiding citizen into the commission of a crime.  When the criminal design originates, not with the accused, but is conceived in the mind of the government officer and the accused is by persuasion, deceitful representation, or inducement lured into the commission of a criminal act, the government is estopped by sound public policy from prosecution there of’.”  Taken from “Sorrells vs. United States, 287 U.S. 435 (1932)…Where is my voice?

“Congress could not have intended that its statutes were to be enforced by tempting innocent persons into violations”. Taken from Sherman vs. United States (1958)…Where is my voice?

From the footnotes of Jacobson vs. United States, 503. U.S. 540 (1992).

  • If the defendant before contact with law enforcement officers or their agents did not have any intent or disposition to commit the crime charged and was induced or persuaded by law enforcement officers or their agents to commit that crime, then he was entrapped.

It is better that ten guilty persons escape than one innocent suffer ~ Sir William Blackstone…Where is my voice?

In 2014, Judge Stephen Reinhart of the Ninth Circuit Court of Appeals wrote:  In this era of mass incarceration, in which we already lock up more of our population than any other nation on earth, it is especially curious that the government feels compelled to invent fake crimes and imprison people for long periods of time for agreeing to participate in them – people who, but for the government’s schemes, might not have entered the world of major felonies…Where is my voice?

Yes, I should have stopped messaging.  Yes, I should have stuck with “you are way too young; we don’t need to be talking”.  Yes, I should have never gotten into my truck and driven to Mississippi, and yes, I should have turned around. The complaint that I was arrested for was dated February 25, 2016, four days before I drove to Mississippi. The arrest warrant was issued on February 26, 2016, three days before I was arrested.  I drove to Mississippi and was arrested on February 29, 2016.  I suppose the constant urging for me to drive to Mississippi on the 29th was simply to make serving the arrest warrant easier.  Yes, I should have done many things differently from February 24, 2016, when I first responded to the ad, and February 29, 2016, when I was arrested. I am very ashamed that I failed this random act of virtue test which was disguised as a sting, however, I was not then, nor have I ever been seeking minors for sex.  I was not a suspect in any ongoing investigations, nor was there any probable cause to suspect me of breaking any law.  The case record supports this.  I responded to an ad that was placed on Craigslist Casual Encounter (W4M), from an adult woman that was searching for an adult man.  This ad was placed by an undercover police detective from the Southaven police department in Mississippi.

Some would suggest that I can’t be sorry, remorseful, or even accept responsibility for my bad choices or bad responses to the detective’s inducements and enticements, and hold the police accountable for their impermissible acts at the same time.  I think that is absurd to suggest that I should accept this injustice done to me in the name of accepting responsibility for my reactions to [EDITED] unconstitutional random virtue testing.  To say the only way that I can show remorse or humiliation for my behavior is to ignore the injustice done to me and my family is ludicrous.

I do know and accept, that I responded wrong to [EDITED] inducements and enticements, and I am ashamed of my actions and that I let my children, my entire family, my friends and myself down.  I never thought that I would have or even could have done such a thing.  However, accepting responsibility for my actions does not relieve the Southaven police department of taking responsibility for theirs.  I do accept responsibility for my choices, but I am also determined that detective [EDITED], the Southaven Police Department and the prosecuting attorney are held accountable for this unconstitutional injustice and judicial fraud.  To suggest that they took a criminal off the street and that they are protecting society from someone who has absolutely no criminal history, by ensnaring a man legally seeking a woman, not a minor, on an adult site, is a fraud.  “The police lured the defendant into an electronic conversation with “Jess” without providing any indication at the outset that the fictitious female was underage. Indeed, the police conducted their sting on Craigslist forum that is supposed to be limited to users 18 and over.” (People v. Aguirre in 2012)  In fact, the police portrayed himself as an adult female.

The U.S. Constitution guarantees a law-abiding person the right to be left alone, if they indeed are not breaking the law.  I was not breaking the law, or intending to break the law, at the time that I came in contact with detective [EDITED], when he lured me off Craigslist onto KIK, while still posing to be an adult female, or when he made me an investigative target for his sting without probable cause. What he did was unconstitutional and violates due process.  My accepting responsibility for my behavior does not change these facts.

I will be separated from my family for 3 years; not 50 to 60 days.  I have lost friends and family due to a crime conceived in the mind of Detective [EDITED], and was by persuasion, deceitful representation, or inducement, lured into the commission of a criminal act that I otherwise would not have attempted.[EDITED] This time it happened to me.  If we don’t stop this now, and allow it to keep happening, the next time it may be your husband, brother, father, son, nephew or grandson that gets lured into one of these traps by an overzealous police officer.  Please, stand with me now, so hopefully, you won’t have to stand with one of your loved ones later for the same thing…

Where is my voice?

LET’S CREATE A VOICE!!!

Thank you and God bless you,

Mitchell

2 thoughts on “Who is listening?

  1. Case sited (U.S. v. BLACK) can be found here: https://www.leagle.com/decision/infco20140502148
    Judge Stephen Reinhardt (author missed the “d” in name). BTW, law enforcement won, decision upheld and case was not to be reheard.

    When you think about it, it is quite amazing the number of STING operations the police do. A lot of others involve drugs, terror, etc. In the US vs Black they tried to hire “bad people” to rob a fake drug house. Crazy. I do love the quote on the dissenting opinion….why does the government feel compelled to invent fake crimes… Much like the fake news today. It is a crazy world. NO ONE is safe (from a government that will act like this).

    Like

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