Morgan beaten by 5 guards April 7, 2002 Captain Don Van Buskirk Shasta County Sheriff’s Office Custody Division 1655 West Street Redding, CA 96001 Re:Shasta County Jail Inmate: Jerry Wayne Morgan Dear Captain VanBuskirk: I am writing to follow up the phone conversation on Friday, where you gave me a brief description of what happened to Jerry Wayne Morgan.You stated that Jerry showed his fist and was taken down by the guards, and put into a holding cell where he himself banged his head against the wall, and was put into medical. Well the guards gave you and the Sheriff a nice sounding song and dance, but it does not agree with the facts that I have since learned, that show another side of the story that may just fit the evidence of Jerry’s injuries, and why he was in medical for “about a week,” obviously not minor injuries. I received a letter from Jerry dated April 3, 2002, and he had received no mail from me at this time about this incident.In this letter he stated that, “they had me in medical about a week.”Then he wrote that he is back up in a single cell in the hole.Then he wrote, “I’m still hurting all over from the beating the Guards gave me.What a place.So far they are staying off my head—not like before.” Now does that sound like Jerry was hitting his own head on the wall, it sounds to me like he got a severe beating, and “about a week” in medical before they would let him be seen.He states that he is hurting all over from the beating, and they stayed off his head, so no complaint about a hurting head.I think you and Sheriff Pope have been lied to big time, and that a through investigation needs to be done and not a cover up, that includes talking to the Inmates for their side of the story, and this needs to be done in the Shasta County Jail. I told you that this is a high profile case that has been followed for the last two years by the major news media in California; Jerry’s is the first Three Strikes case to be totally reversed as to the strikes and plea.He should have been set free at his first hearing upon arrival back in Shasta County, but do to the egos of the Judge and District Attorney, they are trying to turn these minor cases to find him guilty of something, having spend 4 years in state prison for a minor altercation with girlfriend, which incident took place in Tehama County.The second incident they dropped when they coerced him into a plea, telling him he would get a better deal.Which was a fire in a mobile home with aluminum wiring, which Jerry said he did not start.Here is some of what the Third Appellate Justices had to say about this case: DEPUBLISHED OPINION People v. Morgan (2001)91 Cal.App.4th 1324 [111 Cal.Rptr.2d 502] We have reviewed the record for error.We hold, given the serious penal consequences of the “Three Strikes” law, that it is the duty of defendant’s counsel, in advance of a plea or trial predicated upon convictions charged as strikes, to determine, on the basis of records which are necessary to an informed decision, whether the convictions are strikes under the California law, to advise his or her client accordingly, and that it is ineffectiveness of counsel to fail to do so. We conclude on this record that trial counsel was ineffective in failing, before the entry of plea, to obtain the records of the out-of-state convictions, from which it could be determined whether they were strikes under the California law. II Ineffectiveness of Counsel “The pleading – and plea bargaining - stage of a criminal proceeding is a critical stage in the criminal process at which a defendant is entitled to the effective assistance of counsel guaranteed by the federal and California Constitutions [Citation.].”(In re Alvernaz (1992) 2 Cal.4th 924, 933; In re Vargas (2000) 83 Cal.App.4th 1125, 1133.)“Before entering his plea [a defendant is] ‘entitled to rely upon his counsel to make an independent examination of the facts, circumstances, pleadings and laws involved and then to offer his informed opinion as what plea should be entered.’ . . . Since counsel had not investigated the critical facts whether any of the prior convictions alleged in the complaint complied with the California Three Strikes law and allowed or advised his client to admit to convictions under an inapplicable statute, and since it is not possible to determine the outcome of a trial or plea bargain conducted on the basis of adequate information, our confidence in the outcome of the plea bargain has been thoroughly undermined . . . . *In determining the truth of a prior-conviction allegation, the trier of fact may “look to the record of the conviction --but no further* . . . .” . . . Under these circumstances, the remedy required by law is to reverse the judgment and sentence, vacate the defendant’s plea, and remand the case to the trial court for further proceedings. . . . The judgment and sentence are reversed and defendant’s plea is set aside.The case is remanded to the trial court for proceedings consistent with this opinion.(CERTIFIED FOR PUBLICATION.)** Now do you understand why Jerry and other prisoners are so angry, this is how they are being treated by the so-called justice system.Every prisoner that is being represented by Public Defenders, which I call Public Pretenders, are suffering from ineffectiveness of counsel.Jerry’s current Public Pretender has not once come to the jail to visit Jerry, except 10 minutes before a hearing he will walk into the public holding room and try to convince Jerry to agree to what they have come up with, and they are doing the very same thing to Jerry that the Third Appellate just overruled. The Third Appellate wrote the opinion twice as the Attorney General asked for a Rehearing, which is automatically granted and then wrote an even stronger Opinion on Rehearing which was also published.Then the Attorney General took the case for review by the California Supreme Court, and they let the Opinion stand, but did allow that it be depublished, which we have discovered is what happens to Defendants when they dare win a case. I became involved in this case when my neighbor got 135 days in Shasta County Jail, and I innocently called Sheriff Pope when he complained that there was human waste all over his cell, and he just wanted cleaning material so he could clean his cell, and the guards would not clean the cell or provide the material for cleaning.He received a lot of retribution for my calling Sheriff Pope, and at 4 a.m. they threw in the cleaning material with some smart-ass remarks.But Jerry was his cellmate for about a week, and he wrote me asking if I would write to him, as he had no one who would write to him.He was a total stranger and I started writing to him, sharing Christian material and trying to keep him sane through a satanic hellhole called State Prison.I thought he would be treated better in Shasta County Jail, and have since learned it is no better than the State Prisons.The same psychological torture through lockdown (a form of mind control), the same cruelty and being set up by the guards, the same SATANIC HELLHOLE. Below I have listed some links on the subject of brain washing, psychological torture practiced in prisons, lockdowns, which will bring you up to speed on this subject, and what is actually being practiced in the California Prison System and Shasta County Jail. There is the possibility that this beating was a retribution for the last phone call I made to Sheriff Pope, asking about Jerry being moved and not allowed visitors.There have been no changes made since this was brought to your attention, and using lockdown or withholding mail as punishment, is a form of torture and mind control which should not be the business of jail personnel, if the inmates need treatment they should receive their medication and treatment from those who are trained in medical or psychological treatment.Guards are not nurses, doctors or lawyers, and withholding treatment is cruel and unusual punishment. By writing this letter I am giving you and Sheriff Jim Pope Judicial Notice, that no retribution be given to Jerry Wayne Morgan or other prisoners that speak out, or myself, as my witness before God Almighty, you will be accountable on Judgment Day for anything that happens to anyone that stands up and tries to tell the truth about what is really happening in the Shasta County Jail. I will expect that a true investigation be commenced and corrective measures be taken to remedy the treatment of even the worst of prisoners, and many are in jail who should not be there due to circumstances, they should not be subjected to beatings and cruelty. Thank you for your attention to this matter. Janice cc:Sheriff Jim Pope E-Mail:Various Interested Parties Links: The Soviet Art of Brain Washing http://www.fhu.com/brainwashing1.htm Mind Control in the California Penal System http://www.davidicke.net/mindcontrol/research/re110699b.html Solitary Confinement Torture in the U.S. http://www.sonic.net/~doretk/Issues/98-09%20FALL/solitary.html ACLU Prisoner Rights http://www.aclu.org/library/PrisonerRights.pdf

Captain Don Van Buskirk
Shasta County Sheriff’s Office
Custody Division
1655 West Street
Redding, CA 96001

I am writing to follow up the phone conversation on Friday, where you gave me a brief description of what happened to Jerry Wayne Morgan.You stated that Jerry showed his fist and was taken down by the guards, and put into a holding cell where he himself banged his head against the wall, and was put into medical.

Well the guards gave you and the Sheriff a nice sounding song and dance, but it does not agree with the facts that I have since learned, that show another side of the story that may just fit the evidence of Jerry’s injuries, and why he was in medical for “about a week,” obviously not minor injuries.

I received a letter from Jerry dated April 3, 2002, and he had received no mail from me at this time about this incident.In this letter he stated that, “they had me in medical about a week.”Then he wrote that he is back up in a single cell in the hole.Then he wrote, “I’m still hurting all over from the beating the Guards gave me.What a place.So far they are staying off my head—not like before.”

Now does that sound like Jerry was hitting his own head on the wall, it sounds to me like he got a severe beating, and “about a week” in medical before they would let him be seen.He states that he is hurting all over from the beating, and they stayed off his head, so no complaint about a hurting head.I think you and Sheriff Pope have been lied to big time, and that a through investigation needs to be done and not a cover up, that includes talking to the Inmates for their side of the story, and this needs to be done in the Shasta County Jail.

I told you that this is a high profile case that has been followed for the last two years by the major news media in California; Jerry’s is the first Three Strikes case to be totally reversed as to the strikes and plea.He should have been set free at his first hearing upon arrival back in Shasta County, but do to the egos of the Judge and District Attorney, they are trying to turn these minor cases to find him guilty of something, having spend 4 years in state prison for a minor altercation with girlfriend, which incident took place in Tehama County.The second incident they dropped when they coerced him into a plea, telling him he would get a better deal.Which was a fire in a mobile home with aluminum wiring, which Jerry said he did not start.Here is some of what the Third Appellate Justices had to say about this case:

We have reviewed the record for error.We hold, given the serious penal consequences of the “Three Strikes” law, that it is the duty of defendant’s counsel, in advance of a plea or trial predicated upon convictions charged as strikes, to determine, on the basis of records which are necessary to an informed decision, whether the convictions are strikes under the California law, to advise his or her client accordingly, and that it is ineffectiveness of counsel to fail to do so.

We conclude on this record that trial counsel was ineffective in failing, before the entry of plea, to obtain the records of the out-of-state convictions, from which it could be determined whether they were strikes under the California law.

II

Ineffectiveness of Counsel

“The pleading – and plea bargaining - stage of a criminal proceeding is a critical stage in the criminal process at which a defendant is entitled to the effective assistance of counsel guaranteed by the federal and California Constitutions [Citation.].”(In re Alvernaz (1992) 2 Cal.4th 924, 933; In re Vargas (2000) 83 Cal.App.4th 1125, 1133.)“Before entering his plea [a defendant is] ‘entitled to rely upon his counsel to make an independent examination of the facts, circumstances, pleadings and laws involved and then to offer his informed opinion as what plea should be entered.’ . . .

Since counsel had not investigated the critical facts whether any of the prior convictions alleged in the complaint complied with the California Three Strikes law and allowed or advised his client to admit to convictions under an inapplicable statute, and since it is not possible to determine the outcome of a trial or plea bargain conducted on the basis of adequate information, our confidence in the outcome of the plea bargain has been thoroughly undermined . . . .

In determining the truth of a prior-conviction allegation, the trier of fact may “look to the record of the conviction --but no further . . . .” . . .

Under these circumstances, the remedy required by law is to reverse the judgment and sentence, vacate the defendant’s plea, and remand the case to the trial court for further proceedings. . . .

The judgment and sentence are reversed and defendant’s plea is set aside.The case is remanded to the trial court for proceedings consistent with this opinion.(CERTIFIED FOR PUBLICATION.)

Now do you understand why Jerry and other prisoners are so angry, this is how they are being treated by the so-called justice system.Every prisoner that is being represented by Public Defenders, which I call Public Pretenders, are suffering from ineffectiveness of counsel.Jerry’s current Public Pretender has not once come to the jail to visit Jerry, except 10 minutes before a hearing he will walk into the public holding room and try to convince Jerry to agree to what they have come up with, and they are doing the very same thing to Jerry that the Third Appellate just overruled.

I became involved in this case when my neighbor got 135 days in Shasta County Jail, and I innocently called Sheriff Pope when he complained that there was human waste all over his cell, and he just wanted cleaning material so he could clean his cell, and the guards would not clean the cell or provide the material for cleaning.He received a lot of retribution for my calling Sheriff Pope, and at 4 a.m. they threw in the cleaning material with some smart-ass remarks.But Jerry was his cellmate for about a week, and he wrote me asking if I would write to him, as he had no one who would write to him.He was a total stranger and I started writing to him, sharing Christian material and trying to keep him sane through a satanic hellhole called State Prison.I thought he would be treated better in Shasta County Jail, and have since learned it is no better than the State Prisons.The same psychological torture through lockdown (a form of mind control), the same cruelty and being set up by the guards, the same SATANIC HELLHOLE.

Below I have listed some links on the subject of brain washing, psychological torture practiced in prisons, lockdowns, which will bring you up to speed on this subject, and what is actually being practiced in the California Prison System and Shasta County Jail.

There is the possibility that this beating was a retribution for the last phone call I made to Sheriff Pope, asking about Jerry being moved and not allowed visitors.There have been no changes made since this was brought to your attention, and using lockdown or withholding mail as punishment, is a form of torture and mind control which should not be the business of jail personnel, if the inmates need treatment they should receive their medication and treatment from those who are trained in medical or psychological treatment.Guards are not nurses, doctors or lawyers, and withholding treatment is cruel and unusual punishment.

By writing this letter I am giving you and Sheriff Jim Pope Judicial Notice, that no retribution be given to Jerry Wayne Morgan or other prisoners that speak out, or myself, as my witness before God Almighty, you will be accountable on Judgment Day for anything that happens to anyone that stands up and tries to tell the truth about what is really happening in the Shasta County Jail.

I will expect that a true investigation be commenced and corrective measures be taken to remedy the treatment of even the worst of prisoners, and many are in jail who should not be there due to circumstances, they should not be subjected to beatings and cruelty.