Posts Tagged ‘INCARCERATION’

The Kentucky Supreme Court denied our Motion For Discretionary Review of the Frog Gravy legal case without opinion or comment. Here is a copy of the order:

10 02/15/2012 ORDER DENYING DISCRETIONARY REVIEW: DD
11 02/15/2012 FINALITY: FL

Source.

This means we have reached the end of the road on the direct appeal in Kentucky and the published opinion by the Court of Appeals is the law of the case. The briefs filed by the parties will be available online at the Chase Law School in Kentucky at some point.

Documents in this case, including the briefs and the published opinion (pdf), are also available here:

https://froggravy.wordpress.com/2012/02/06/table-of-contents-court-briefs-and-documents-frog-gravy-legal-case/

The preliminary hearing is here:

https://froggravy.wordpress.com/2012/02/05/the-full-text-preliminary-hearing-frog-gravy-legal-case/

The Grand Jury hearing is here:

https://froggravy.wordpress.com/2012/01/12/the-full-text-grand-jury-hearing/

The exculpatory labs are here:

https://froggravy.wordpress.com/2011/10/16/grand-jury-misuse-and-perjury-frog-gravy-38/

The suppression hearing is here:

https://froggravy.wordpress.com/2012/02/08/the-full-text-suppression-hearing-pdf-frog-gravy-legal-case/

The first order denying suppression:

https://froggravy.wordpress.com/2012/02/08/the-first-of-three-orders-denying-suppression-frog-gravy-legal-case/

And the second, and the third:

https://froggravy.wordpress.com/2012/02/08/the-second-and-third-orders-denying-suppression-frog-gravy-legal-case/

Other documents:

https://froggravy.wordpress.com/2012/02/13/more-documents-frog-gravy-legal-case/

What is the next step in this case?

There are three options right now:

1. Do nothing. The case no longer specifically impacts our day-to-day lives one way or the other. Fortunately, I am not on death row. The case will impact others in the future, because it is published and it sets precedent. One option is to do nothing.

2. Petition the United States Supreme Court for Certiorari, or review, of the decision. The issues are very specific in such a petition. Here is more information about Certiorari:

http://en.wikipedia.org/wiki/Certiorari

3. File a state habeas corpus petition alleging ineffective assistance of counsel. In Kentucky, this is called an 11.42 petition. Here is more information about that:

http://en.wikipedia.org/wiki/Ineffective_assistance_of_counsel

It will be interesting to see how this case will impact future cases.

This latest result is entirely consistent with the patterns and practices of the case so far, as evidenced by these documents.

Advertisements

“I can’t get out. He won’t let me out…”

John Carpenter
In The Mouth of Madness
Bicycle Scene

“It’s probably an apocryphal story,” he said. “But he deserves it. And those people who deserve an apocrypha, well, I find a peace in them. Even in the men who fuck me, I find peace, in all the lies of their lives, because they’re only living when they can hold a smooth blushed cheek against a blackness in their loins, and then they return to their fat wives. I love them. You can’t ever know what peace, what hope they give me…”

Naeem Murr
The Boy

Frog Gravy is a nonfiction incarceration account in Kentucky.

Inmate names are changed.

Frog Gravy contains graphic language.

McCracken County Jail, late winter/early spring, 2008

We are watching the news. This is rare. I savor it. I am not even really sure who will be running for president. But I can tell you how much weight the blue team of fat people lost last week on The Biggest Loser.

We hear about a pot bust at the BP station on Alben Barkley Drive. I say, “It’s dumb to get busted at that station. There’s always a cop car parked there.”

“The cops do that,” says Christie.

“Do what?”

“Park cop cars at gas stations, at WalMart, at the mall, and just leave the cars there. There’s no cops though. They just want people to think there are.”

“How do you know?”

“I realized it when I was smoking crack in the WalMart parking lot one time. I was like, there’s no cops there.”

“Seems to me that this time there were cops there,” I say.

During the news I return to my task-at-hand, at the steel table where I am seated. I have a religious handout titled, HELL- What is it? Beneath the title is a list of definitions taken from scripture, along with the citations. I am checking off, with a no-shank pen, each description that fits this jail. For example, I am perpetually congested, and many nights I awake coughing, from the pepper spray being inflicted on the mentally ill man down the hall in his isolation cell. Pepper spray permeates all of the cells whenever they spray Harry. I check off:

A lake of fire (Rev. 20:15)

and

A lake of fire into which people are cast alive (Rev 19:20)

Down the hall, Harry screams from his isolation cell, all day and all night, every day and every night, “PLEASE!! Let me out! Somebody please! HELP ME!”

I have never seen Harry. When they spray him, he yelps and yells, like a whipped dog. His yelping amuses his tormentors. On my list, I mark:

A place of torments (Luke 16:23)

and

Where they scream for mercy (Luke 16:24)

Lea returns fromthe nurse. They want to change her blood pressure medicine, and add a new medicine. They have checked her blood pressure exactly one time in five months.

I say, “They charge you to go see them, don’t they?”

“They better fuckin’ not. I didn’t ask that. I can barely afford to wash my ass, I can’t afford two prescriptions. I know ten dollars ain’t that much but I cain’t afford it. They didn’t charge us nuthin’ at PeWee. The whole fuckin’ time I been here, this is the only time they checked my blood pressure to see if the medicine’s working.”

On the TV, we learn that the nine Amish men who were cited for not displaying a large orange triangle on their horse-drawn buggy will fight the charges.

I say to Lea, “That’s nuts, only checking your blood pressure one time and then adding a new medication.”

I star and underline Luke 16:28:

A place where they did not want their loved ones to come.

Lea says, “Now they want me to take another pill and I don’t like the way it does me. You’re a nurse. What do you think the problem is?”

“I am not a doctor. I just know my body. When I took too much blood pressure medicine on the outside, before they got the dose right, I felt sick. Maybe it’s too much for you, if it makes you feel bad. But, I am not a doctor. Frankly, I think they want the five dollars for the visit.”

A place of torments (Luke 16:23)

Several months ago, I slammed my index fingertip in a door. The blackened nail now finally loosens, and falls off. I pick it up. I want to reattach the black nail, because it is a reminder of and a connection to freedom.

While I am trying to figure out how to reattach my blackened fingernail that connects me to freedom, inmates in the cell next door begin to yell at Harry and torment him, and so, I make another adjustment to the terry cloth towel on my head. Maybe the towel does not keep everything out but it is better than nothing.

A place where their worm dieth not and fire is not quenched (Mark 9:48)

Lea says, “I think you’re right. I done lost all that weight, and I know my body, and I don’t need that shit.”

I go into the bathroom and climb onto the toilet and peer through the slit in the ghosted out window at the dumpsters. I have not slept well. In my dreams, I relive my accident over and over. I am in a wheelchair, and I cannot run from the tornado. I find a dumpster. In the dumpster is a beautiful porcelain doll. I retrieve the doll and send it to my mother because she has always loved dolls, and she collects them.

I realize that Lent is near. What do I give up for Lent? I decide to give up bread. The sun shines outside, onto the dumpsters. I wipe tears from my face, climb down from the steel toilet and return to the steel table.

A guard comes and gets me from the cell and takes me to the nurse, because I have filled out a medical request, for exercise or recreation time outside of the cell. I have cited the rule, that inmates are to have one hour of recreation and exercise each day.

The nurse tells me that this is not her department.

The jail extracts five dollars from my books for the visit, and I return to the cell.

When I return to the cell, I learn that the jail has confiscated an obituary that my mother sent to me. A classmate of mine (Lakeridge Class of 1978) has died. The jail claims that the obituary is a news item, and that all news items are considered contraband.

I say a silent prayer for Ada.

A place of damnation, world without end (Mark 3:26)

Author’s note: My dream about the doll actually came true after my release. As soon as I can find the photos I took of the doll before I sent it to my mother, I will post them.

Update: here is that doll:

Porcelain dumpster doll

For folks who are curious about my legal case, I will be writing about that as well. Issues are numerous and interesting. The case currently sits with the Kentucky Supreme Court as a Motion For Discretionary Review. I will be posting the initial 911 call, the dash-cam video, all recordings of hearings prior to the trial, all official transcripts that I have, briefs, responses, lab reports, open records requests, orders denying suppression, the order of sentencing, and the corrected order of sentencing, as well as anything else that anyone wrote or said, such as the Bill of Particulars and as much of the trial transcript as anyone can stomach before racing to the nearest porcelain receptacle. (I spoke to my attorney today and gave her a heads up.)

With my husband’s help, I will introduce relevant legal issues, binding case law, statutes, and case history.

Brush up on your Fourth, Fifth, First and Fourteenth Amendments.

Anything that is a matter of public record, in fact, will be here (or on YouTube).

I will start this process, I hope, about sixty days from now. In the meantime, I will continue to bring you the nonfiction account of incarceration, Frog Gravy.

I would like to thank my readers for stopping by this site and taking the time to read. I would also like to thank you for your patience. My notes are voluminous and disorganized, and although I have tried to make each essay a stand-alone, I realize that flow is an issue. I am attempting to fix these issues in the Frog Gravy manuscript.

If you are at this site by mistake, worry not. I post about other things also. I aim to please. Which brings me to this. Ever felt like you were not quite communicating with someone? Take a look at this:

Author’s note: Frog Gravy is a depiction of daily living during incarceration in Kentucky, during the years 2008 and 2009, and is reconstructed from my notes. Names are changed, except in this case, Ricky is a real name. Nicknames that do not reveal identity are also unchanged.

Frog Gravy contains graphic language.

Belly Of The Beast: Ricky’s World. Fulton County Detention Center, early May, 2008.

After committing a major game misconduct by writing the Governor, various government agencies in Frankfort and Washington, about thirty other people, and a newspaper in Louisville, I am transferred out of McCracken County Jail to the famed Fulton County Detention Center also known as ‘Ricky’s World.’ I will become known in the inmate world as the one that wrote herself out of McCracken County Jail.

I first heard of Ricky’s World when I was in the hole after my trial (My judge wanted me in the hole. We had an adversarial courtroom history and would add to it before we uh, ‘divorced.’)

A woman in the hole with me in McCracken said that when she was at Ricky’s World playing truth-or-dare, she ate pussy on a steel table in the cell on a dare, and the next day, Ricky called her into his office and said, “You mean to tell me that you ate pussy on mah dinner table?”

Ricky’s World is a privately owned and operated jail in Hickman, KY. The jailer’s first name is Ricky. Ricky is an enormous man, the size of a tree.

Ricky’s World is famed in the Kentucky inmate community as being one of the places where the ‘worst of the worst’ are shipped.

Since Hickman is an hour away from my husband, he will have to drive two hours each week for his fifteen-minute visit. This is a source of personal amusement for the judge.

During my ride to Ricky’s World, two guards in the front seat discuss slaughtering chickens, planting vegetables and shopping at WalMart and in the back seat a male inmate and I discuss our legal cases.
On arrival I am placed in a hole that doubles as a holding cell for an hour, and I do step-ups on the cement ledge for an hour. A tray arrives through the food slot but I am only able to positively identify the cookies, so I eat two cookies for lunch.

A guard retrieves me to check me into the facility, produces a sturdy 30-gallon black garbage bag with the whole of my new life in it and upends the contents onto the cement floor in front of the front desk in the jail entryway. She begins to paw through the contents consisting of, to my shock and utter horror, all of the mail, pictures, books and magazines that my family had attempted to send me in McCracken.

I observe her for about five minutes and assume, without internal debate on the merits, that she is high. She finally says, “You are a State inmate. I will let you have all of this.” I silently thank God and we head to the cell. We pass a large men’s population cell and head down a hallway with wolf whistles and cat calls receding. The long hallway is painted a depressing grey and the walk actually slopes downward, even though the facility is on ground level, giving the feel of decent into an actual dungeon. Adding to this feel is the fact that none of the cells we pass have windows of any kind. The atmosphere is dark.

We arrive at a door to a cell, and the guard accompanying me fumbles with the keys for a bit, then hands them to me, and says, “Here, you open it.”

The cell is a twelve-person cement room that houses several people on the unfinished cement floor in addition to four rows of three-tiered steel bunks, for a total of nineteen or twenty inmates. When the door closes, I notice how dark it is compared to McCracken and I am thankful, yet disoriented by the lack of any windows to a hallway, as well as the lack of a clock.

I claim a space on the floor and notice that most of the cell occupants are someplace else. Another inmate sees what I notice and says, “They’re at rec. Out there with all the drama. How much time you got?”

“Eight years,” I say. “More time than that woman at PeWee that boiled her baby and fed it to her husband.”
Two inmates, Tiki and Brooke, are seated at a PlayStation. There is even a microwave, I note with increasing thankfulness.

TiKi is younger than my son, has been here for a year, and is a War on Drugs inmate that will go home soon on the Governor’s new early release program.

TiKi is playing “Grand Theft Auto” on the PlayStation.

On the screen, a criminal runs up and down a city street with a nightstick, mercilessly beating the hell out of innocent pedestrians. He runs to the driver’s side of a stopped car, opens the door, throws the driver onto the street, and steals the car.

Brooke asks, “Is this the one where he takes the prostitute into the woods and fucks her?”

TiKi’s car thief picks up a streetwalker and drives to the woods with her and stops. On the screen the car starts rocking, and she says, “Look at the car move faster and faster, and when she’s done she gets out.”
The car stops rocking and the hooker gets out. TiKi says, “Now look. He shoots her and steals her money.”
After killing the prostitute and stealing her money, the car thief returns to the car and drives away, running over several pedestrians on the sidewalk.

TiKi’s thief stops at a pay phone, gets on the phone and says, “I want to show these punk-ass bitches how a real drive-by works.”

The callee asks, “Don’t you just shoot ‘em like you always do?”

“Can’t just shoot ‘em in a drive-by shooting, dickhead. You gotta be in a car,” answers the thief. “I’m gonna show these people how to shoot from the car. What do you think?”

“Sounds like a plan to me,” says the callee.

TiKi is frustrated. She says, “I cain’t git the gun to aim the way I want it to, oh hail. You cain’t just shoot ‘em, gotta be in a car, it’s a drive-by. This is pissin’ me the fuck off motherfucker-you-just-shot-me-you-stupid-prick.”

Author’s end note: For those of you familiar with Grand Theft Auto, my recall of the telephone conversation above may not be word-for-word accurate. It is, however, in essence what I heard.