Donn Smith's  Ecuadorian Defense Fund and History

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Baseball*Grafix Work * Photos of Life in Quito Carcel

Blanca´s Tigua Art Gallery

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               Email: d[email protected]

Original Story March 2005   Letter Nov 19 2005   Letter Nov24 2005   

Letter Dec 07 2005     Fingerprints    Theft by Lawyer    Lawyer Marisol Update

January 26 Update Trial and Lawyers

Summary Speech to the Tribunal Written Feb 21, 2005

  

 

updated November 22 2005

see update below

this page is being written from my jail cell in Quito Ecuador..it is where I am being held, charged with international drug trafficking. the purpose of this web site is to educate the world of the faults, false promises that exist in the third world.

 

my story is as follows

FREEDOM  FLIES  ONLY  ON  WINGS  OF  GOLD

 It is out of a Runyon Novel or a Hemingway Short Story…But sorry to say --  It is true. 

            I'm writing this in isolation from my outdoor jail cell in Quito, Ecuador… Where the temps drop to 40° at night, my health is beginning to show signs of demise.  Life in the third world is no picnic.

             I have been traveling this past year throughout Central and South America.  I've been photographing, designing web site and other graphic projects.  We have also started an export biz consisting mainly of “ARTESANÍA” handcrafted, painting, ceramics, textiles and other pieces of medium priced labors of the Native People.  Also doing graphics for land development companies and one project was leading to another.

             With these projects in mind, I interrupted my Baseball Umpiring Season – for some quick “Eye to Eye” meetings in rainy Quito (2 miles high)… arriving on March 6th… I expected to leave on the 9th, we had diner that night, discussed plans, etc… Monday & Tuesday meeting again and “ARTESANÍA”, buying trips Blanca, my Tigua Indian 20 year old artist, surprised me with 3 sets of beautifully painted tables each with 4 chairs – all painted with stories of her culture with Day-Glo Colors (Goggle: Tigua Art)… Biz done, I called my mujer, Christina in NYC… That is when it started… she had received calls Monday & Tuesday… threatening her life… if I didn't carry the bags back to New York… What?……  That night I received the call from Colombia using a reference of a business associate… “We are coming on Friday with the bags”...

            I was picked because I have the perfect profile:  U.S. Citizen, white, no criminal record, frequent traveler… they had me in the bag!… The currier arrived late Friday night, Colombian named Walter, who quickly showed me his 9mm. gun, I had been asked at least 9 times before to do this and each and every time refused this time the choice was made for me… What to do?…

             Christina being threatened… me looking at a gun…!

             I booked my flight on Saturday to be met by someone in Miami.  Walter was nearby till I passed inside Immigration… I tired to remain calm…. waiting for the plane to board… I was called downstairs --  The Anti-Drug Police dog had smelled something…. that was that off to jail.

We went – me the stupid victim of  “Colombian Cowboys” violent world.

             I'm being held incommunicado without access to any of my personal effects (other than clothes) worth perhaps $6000 U.S. Dollars – Computer art… other electronics -  My work!, complicating this are myyy health concerns: Hepatitis “C” (non-curable), Chronic Diabetes & High Blood Pressure (tested 190/100 (240/100 normal) at the hospital).

             So here I sit alone, waiting for the best lawyer (greatest influence) money can get… Thus “Golden Wings” Justice… I have no access to my U.S. funds… The American Embassy has been very helpful.  Christina has gotten to safety… So some relief frankly – We need help!

                This story is not fiction… I do not want to leave Ecuador in a box… I want to be with my family &  friends both American and Salvadorian.  My daughters, my grandchildren and my Christina.  My hand is out begging!

                             please donate as much as you can in these tough times for us all!

 The main language here is money!

THANKS TO ALL OF YOU!

DONALD  SMITH

     Donations for defense to:                        

		Holly Smith
		   Apt 7-1
	      400 McChesney Ave. Ext 
		Troy NY12180

 

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Quito 19 de Noviembre del 2005

Update

It seems my first lawyer has robbed me. The US Embassy is going to help me recover the a portion of the funds…We will see!!!. He was so negligent, he did not bother to inform of my hearing (pre audencia). It sounds like a Typical Ecuadorian Legal SNAFU. It has put my whole defense in jeopardy. With the appearance in front of the Tribunal only weeks away. They call the layers here Landrones con Corbattas..meaning , thieves in neckties Ah! So true. Speaking of further Snafu’s, my fingerprints which were taken by the US Embassy in late may and forwarded to FBI headquarters in DC (shipped overnight DHL), have yet to be retrieved. They are an essential ingredient in my defense, acting as a proof of any existing antecedents (NO Criminal History). Now, they must be retaken, and as in most third world countries, even the employees of our own government fall under a tropical spell... in other words I need to wait for the convenience of others... the main problem of being incarcerated is the lack of power and control over decision making. They, the fingerprints must now again be overnighted to my family and hand delivered to DC...to make sure they arrive on time for the Tribunal.

Guilt or Innocence that is the question. It may be better to settle the issue and take advantage of the Treaty of Istanbul. This is the accord signed earlier this year between Ecuador and the USA, regarding the transfer of internationals between said countries.

The above is nothing compared to a simple DHL package containing copies of all my medical records, declarations from my business associates, as well as other crucial documents , all being the originals (the only ones the state of Ecuador accepts )….apparently lost in the wind ..Only in Ecuador. A country gifted with some of the most beautiful landscapes, flora and fauna throughout the world…where two ex presidents are jailed, another in exile in Panama. Where a former president, turned dictator, abdicated, was granted asylum in various countries, but decides to return after publishing his memoirs to date... He now resides next door, under heightened security…you think he has a plan or is he just Ecuadorian, who is to say in the Land of Darwin...where you learn to expect the unexpected. Believe in nothing and Hasta Mañana..the new flag Hill be a long ripe banana on a black background. with the following Spanish terms…No Preocupado… Hasta Mañana…..No Creen en Nada.

Where the Corta Supremo has been dissolved since December 2004, with hopes of reestablishment in 2006..good luck. Where prison population sits at anywhere from 250% to 300% overcapacity. where the Social Rehabilitation Central of Quito, the organization responsible for the situation, offers nothing in the form of education, reform or any other meanings of the words describing them… Where internos, such as myself, are liberally used to maintain their electronics and computers, provide programs etc. to office personal to be used on their antiquated hardware... this is a joint ripe for revolution.. Already suffering with their own internal constitutional crisis, their international image and disagreements continue to augment, including on going conflicts with their neighbors north and south , not to mention Tio Sam… trying to come to terms on a free trade agreement, very much like the one recently signed in Central America(including my second home El Salvador). The largest stumbling block seems to be the disruption of the Home of The Pirate, that is the distribution of intellectual property, hot cd's and DVD’s Welcome To Paraiso!!!

So I sit during this special holiday season ..wishing you and yours the best and that includes the entire world…PEACE and Tranquility….that goes for one and all including myself .. I have my computer, and books to catch up on, and maintain sano…

Please be as generous as your pocketbook allows …I need money help , to override the system that only Flies on the Wings of Gold

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email: [email protected]

 

24 de Noviembre del 2005

This past Wednesday, I experienced my first encounter with gaslargemogeno (tear gas).  It was visiting day. Blanca came by and told us it was impossible to get in  Why?.  She dragged me to the patio to see the massive manifestciones outside , including her two brothers, Raul y Jamie.

Yelling for the famous interno El ex Presidente Lucio Gutierrez, our famous guest , residing next door.

“Pueblo Estas Con Lucio” y “Libertad Para Lucio”   I was yelling viva Zapata… They ranted and raved for hours. The boys  took a bunch of photos ..will see if I can get them  …another  taste of Ecuador. Anyway, they attempted to storm the fort (Penal Garcia Moreno), with no success. and that is when all hell broke loose. the police came with there super duper Humvi Armored Vehicle. started launching the tear gas bombs .. panic ensued and the world ran for cover both outside and in. The effect is overwhelming. you can not breath, eyes watering like a torrid river. the solution is a wet towel over your mouth and nose ..their are enough experienced internos  as  a result of the bloody jail riots  18 months ago

Lucio is still in jail and so are we. another example of Ecuadorian Justice…The fruit of revolution is ripening rapidly  in this most fertile local of the THIRD World.

That is all for now

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Quito 7 de Dicembre del 2005

Notes from today’s meetings, Outlook and solutions

Attached below see letter written to Fanny the prosecutor; these are notes with an explanation below.

Quito 5 de Diciembre Del 2005

Considerations in the Case of Donald Smith

For Dra. Fanny Cardenas

acknowledgement  of the act of transportation of drugs, although as unwilling accomplice

Done without my acquiescence .forced by Colombian, Walter Gamboa, whose name and cedular you have through identification used at Hotel Windsor.

Modus Operadi. Because of your suspicions of previous trips to Ecuador…why would a person of even modicum intelligence change the method of transportation… without prior knowledge of success.

Health Considerations possible 4 to 6 yrs. to live given the conditions of my current illnesses. A) Hepatitis C untreatable under current conditions including age and interaction of known treatment with other infirmities which include Diabetes and Bipolar Mental Syndrome

Responsibilities to both my family in USA and El Salvador, which include both education and alimentation.

Financial Stability although divorced six years ago and lost many investments as shown in recent income tax statement. I earn sufficient money to live a middle class life style in the USA.

Realization that her job is prosecution of all drug traffickers.

Will plead guilty to charge of transporter with the above considerations and recommendation of 4 year sentence. Thus saving Ecuador time and money in prosecution of case.

 9. Fact that a person entering the autumn of his years, does not change his stripes readily... having never had any antecedents or any criminal history

Examples of Conduct

Prison Work

A) Teaching of English Classes

B) Examples of photo and graphics work throughout the carcel and especially all the stores of Pabellon C

C) Computer repairs and Graphics services provided freely to the office staff of the carcel

10. will use new treaty signed by Ecuador to transfer my sentence to serve in the USA

In Spanish también,

Quito 5 de Diciembre del 2005

 

Consideraciones en el caso de Donald Smith

 

Para Dra. Fanny Cárdenas

De acuerdo con la transportación de drogas, pero como cómplice

Forzado a cometer delito en contra de su voluntad por el colombiano Walter Gamboa quien ustedes tienen su cedula que fue usado en el Hotel Windsor.

Modas Operando Por sus sospechas de tantos viajes anteriores, porque una persona de superior inteligencia deseara cambiar su método de transportación sabiendo que a tenido éxito en la forma anterior superstamente.

Consideraciones de salud posiblemente tenga de 4 a 6 para vivir dado las condiciones de sus enfermedades. (A) Hepatitis C que no hay tratamiento bajo ninguna condición especialmente si tiene Diabetes y Bipolar Mental Síndrome.

Responsabilidades a sus familias en los Estados Unidos y El Salvador que incluye alimentación y educación.

Financialmente estable aunque este divorciado 6 años y a perdido la mayoridad de sus inversiones como pueden notar con el recibo de impuestos. Yo gano suficiente dinero para vivir un estilo de vida cómoda en los Estados Unidos.

Se muy bien que su trabajo es condenar a todos los narcotraficantes sin excepción.

Me declarare culpable de transportar drogas con las consideraciones que he escrito en las líneas anteriores y una recomendacionde 4 años, a si ahorrando dinero y tiempo para el Ecuador.

Echo que ya una persona entrando un sus últimos años de viajes no cambia fácil y nunca haber cometido un delito ni tener una historia criminal.

 

Trabajos realizados en la Carcel 3

(A) Profesor de Ingles

(B) Muestras de trabajos echo por computadora por toda la carcel

(C) Servicio de reparación de computadora y servicios de graphics echo en la computadora de gratis para las oficina de la carcel

 

10. Estoy dispuesto firmar el convenio que tiene el Ecuador y Estados Unidos para repatriación y terminar mi condena allá.

This letter was given to Gracie, the head of diagnostico here in the prison, and perhaps the most honest person I have yet to encounter... She is a good friend of Fanny and I respect her opinion. Matter of fact, she is the one who appeared at a soccer match and started to tell me Fanny wants a sentence of 16 -25 years , this I later discovered is a demand of the DEA. She further went on to explain that Fanny does not believe my story because of my many trips to Ecuador. This all came unsolicited, but spoken with a trueness not seen here. Oddly this was the same report given me by Marisol|. So, at the suggestion of Ozzy, whose letter of response will also be imbedded here, I decided to confide in her, as the time of payment grows forever nearer. She has developed a history with Ozzy, concerning his pre liberty, a term I will becoming quite fluent with, aiding him and offering solid advice. So I wrote the above letter, gave it to her today. The following is the summary of her thoughts

 

Now for today’s meeting with Marisol:

Fanny no longer has control of the case The DEA recommendation is, as stated above 16-25 years, however she has stated to Gracie that the minimum i.e. 8 years will be asked.

This sentence can only be gotten with the proofs, consisting of medical, antecedents, and fincial history, thank goodness all of which we have. She wants copies of all of the above, which I must now get from Marisol.

She is going to talk with the Juez of the 3rd Tribunal Penal (where my case is to heard) with the above and get a reaction. She feels it is a matter of pay unto Caesar, and is explicit that the only cure lies there.

Furthermore, she says, do not provide monies to Marisol, since the fees requested by her may or may not find the appropriate pockets... It is amazing how the system works, but I can relay story after story from the inmates here, about the theft of funds, and empty promises made by lawyers from Quito.

She is going to begin to talk on my behalf beginning this week, however, this week we are in the middle of the festival celebrating the Fundation de Quito, followed shortly by Navidad. The world is on vacation that is why my case will more likely be heard in January. I feel more secure in actual fact, waiting for what she may discover then being forced to rely on a private lawyer, whose reputations follow like a long tail.

She says there is no chance for further reduction (8) of minimum sentence. Only the use of above proofs, to secure same.

Her lack of knowledge (we are better informed) about the prisoner transfer between Ecuador and USA was upsetting. She had been telling me that I would receive parole immediately at home. Obviously, that is not the case. As provided in the copy of Ozzy’s letter (Carole .please shrink JPEG and forward to everyone)... Sentencing guidelines are as strict at home if not more strict... My lack of criminal history weighs, but not nearly as profound as she had thought.

her proposal for my future is as follows:

A) take the min sentence

B) The government is about to sign a rebaja, which is a reduction of all sentences for persons ex post facto. The reduction amounts to 33%; however, the minimum sentence will be raised to 12 years.

C) Therefore, as a result, my time will be 96 months x 66% which equal 64 months. Pre liberty can begin after serving 40% of your sentence. Translated equals 26 months served inside. The significance of this is that in the Accord, if you are on Parole in the arresting country, you will also be granted parole in the USA. However, this depends on how sentencing and parole are translated.

1. Pre liberty here means that you are allowed to leave jail beginning with 2 days a week. Increasing by 1 day per month each and every succeeding month. Until a period of 5 months, where you would serve your weekends here in carcel...The question, therefore is this defined as parole by the powers in the USA. Carole, very important question for the people in El Paso

2. Sentencing...with the 33% reduction is your sentence 96 months or 64 months to begin calculation of preliberty. This is yet to be decided, and may rely on the congress here and the way the new penal code is written.

3. There is no outright parole for drug traffickers currently available here in Ecuador.

D) Provide my entire case to the US attorneys for examination. And response. I think, as of now, my chances I better here. The hardest part of this is not the time. It is celebrating life with all of you, as family, friends and more. My time will not be wasted... may need books and computer supplies. But intend to perfect my Spanish, learn French and quichawa (language de los tribos en las Andes). Also working on my graphic skills as well as teaching both English and computers.

E) She somehow is convinced that I will receive preliberty after 2 years... who knows without the proper laws on the books

 

 

So now I wait for answers to these and other question. As always my devout love and best wishes to each and every one of you. In the Smith Clan and its subsideries Te Quiero Mucho Todos Mi Salutaciones to Mi Familia Pérez allá en Nueva York y en El Salvador.

PS:

I need help with letters directed to the former attorney with copies sent to the embassy here in Quito, demanding the return of $1800.00, for which he did nothing to earn. As stated earlier in another letter, he failed to advise me of my preaudencia (hearing)... and produced next to no documentation, nor a phone call.

Jamie Chulplan, Blancas brother, who recently met with imprisoned ex president Lucio Gutierez...is also working hard...His position as president of several Tigua Indian foundations has given inside track to a political position as well as some fine connections. He is in his final year of his law degree. Very important grooming for Indian representation here in this politically controlled Castellano pais

Last week I lost my 20g disco duro due to the electrical surges here, living without protection. This has delayed the web pages...they were nice looking .now I must start again...but we are working at it.

If possible I would like to present a Xmas gift to Blanca’s family. Perhaps some fund in exchange for paintings…

I have given her $40.00 this past week so that she can return to school. we are also going to sell her work on eBay

 

I hope you understand my writings. And how much I appreciate all the help you have provided

Love Always

Donn

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Holly and Biff

Below find the letter about my fingerprints ..a overnight package should arrive shortly .Please follow by phone to them regarding ways to expedite

 

Quito 7 de Dicembre del 2005

FBI CJIS Division Record Request

1000 Cluster Hollow Road

Clarksburg, West Virginia 26306

 

Gentlemen:

Please find enclosed a copy of my fingerprints, which were taken by the consulate section of the US Embassy, Quito Ecuador. The name of the employee is Carlos Herrera, it is his signature attached.

My name is Donald John Patrick Smith, born in Manhattan NY on xxx,xx 1949, to John David and Elizabeth Smith of Queens NYC. My social security number is xxx.xxx.xxxxx

 

I am currently incarcerated in Carcel No3 Quito Ecuador… My court case is scheduled for late December... I need this non record of any criminal history ASAP... My daughter is sending these fingerprints from her home in Troy NY. Please provide for her any and all necessary term to expedite this process .It is of the greatest urgency that I have these records for my trial date. We are trying to prove my case as an unwilling accomplice and all proofs at hand are crucial

Thank You in Advance

Donald John Smith

See below

Who May Request a Copy of Record (or Proof that a Record Does Not Exist)

Only the subject of the identification record can request a copy of his own FBI Identification Record.

How to Request a Copy of Record

1. Prepare a signed written request for copy of your record.

• If for a couple, family, etc., all persons must sign written request

• Include your complete mailing address

• If you have a deadline (e.g., an immigration deadline), please include the deadline in your written request and on the outside of the envelope.

2. Obtain proof of identity, which consists of a set of your fingerprints (original card, no copies), with your ñame, date of birth and place of birth. Fingerprints should be placed on a standard fingerprint form (FD-258) commonly used for applicant or law enforcement purposes.

• Include rolled impressions of all ten fingerprints and impressions of all ten fingerprints taken simultaneously (these are sometimes referred to as plain or fíat impressions.)

• If possible have your fingerprints taken by a fingerprinting technician (this sen/ice may be available at a Law Enforcement Agency.)

• Previously processed fingerprint cards will not be accepted.

3. Include $18 - U.S. dollars in the form of a money order or certified check made payable to the Treasury of the United States. Be sure to sign where required.

• No personal checks or cash

• Must be exact amount

• If for a couple, family, etc., include $18 for each person

4. Mail the Ítems #1, #2, #3 (usted above) to the following address:

   FBI CJIS División - Record Request

  1000 Custer Hollow Road

  Clarksburg, West Virginia 26306

 

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Folks :

The case against Dr. Xavier Arregui Camacho

Given $200 for clerical work copies local expenses …when asked to produce copies – they seem to have gotten lost - showing the extreme interest and respect he had for my case.

Requested proofs, created one document. Never did follow-up with phone call or any interest.

Received $1800.00 in USA funds via bank transfer (Biff please forward copy of bank transfer to all listed email addresses)

Need to have letters written on my behalf to USA Embassy Quito (listed below) as well as Camacho’s office (address listed below)

Please, we can not afford to be robbed.

Contact at US Embassy is Carlos Herrera (Email Address is within group)

The letter should say we are trying to recover a portion of the funds in a business like manner, however the nextstep, will be letters to the Coleigo de Aborgados (College of Lawyers ) here in Quito.

 

La Sección Consular de la Embajada de los Estados Unidos en Quito está ubicada en la esquina de las avenidas 12 de Octubre y Patria al lado derecho de la cancillería.

Nuestro horario de atención al público es de Lunes a Jueves de 7H30 a 12H00 y de 13H30 a 16H00. La Sección Consular cierra en los días feriados estadounidenses y ecuatorianos.

Teléfono: 593-2-2562-890 ó 593-2-2549-083 (directo).  Después de horas hábiles, favor llamar al Marino de turno al 593-2-223-4126; Fax: 593-2-2561-524
E-mail:
[email protected]

If you have access to both Spanish and English, a translator program n the web, it would be useful as. He does not have anyone speaking English in his office, as was proven during paid conversations with our lawyer Michael Lorusso of Long Island

LEGAL STUDY Dr. XA VIER ARREGUI CAMACHO Quito. 7 of June of the 2005. Sir Director of the Federal Bureau of Investigations of the Department of Justice of the United States of America. Criminal registries or Data Washington D.C Of my consider it on: Dr XAVIER GONZALO Arregui CAMACHO. exerted free lawyer in professional, with matricularon no 3518, Ecuadonan. of legal age, of advartced military training, domiciled and resident m the city of Quito, province of Pichincha, Republic of Ecuador, m my quaüty of participator of Mr. John Donald Smith or John Smith Donald, of North American nationality, I appear before you with the following request: They deign to grant to certification of the criminal file or criminal records of Mr. DÓNALO JOHN SMITH or JOHN SMITH DONALD, with passport no. P141604635, of 55 years of age. Been born ' the 3 of April of 1949, in New York, with the purpose of incorporating it within the fiscal interdiction no. 073-05 that is followed in. Against of the citizen referred one, on the part of the Dra. Fanny Altamirano Cardenas red, Fiscal Agent of Pichincha. I mcrease in pnce to give urgent attention to this petttionary one with the purpose of straight guaranteeing the legitimate one of defense of the prename one and under the premise that the mentioned instruction concludes the 1 of July of the 2005 and is within this lapse can be added so that it is analyzed by the Fiscal Agent and later by the judge of the competent Penitentiary. Notifications will be received in the Avs. Mother country and 10 of August, floor 10, Offices 1001-1002, Building Bank of Loans. Quito, province of Pichincha, Ecuador. By fa attentiori the present has left. I reiterate my feelings to him of considerer and considered. Add In two fojas digital tracks of the citizen referred one. Avs. Mother country and 10 of Esq. August Building Bank of Loans. Floor 10. Ofcs. 1001-1002, Telefs. 2557-404, 098214-907 Please it can retire criminal records of the department! Of Justice d

REQUIREMENTS FOR THE DEFENSE OF MR. JHON DONALD SMITH Denunciation conducted before the Police of New York, on the part of the spouse of Mr. SMITH Report of the Police of New York around the deduced denunciation. Testimony or informs into the lawyer of the spouse of Mr. SMITH. For the three paragraphs it is required that the documentaron is authenticated and registered in the Ecuadorian Consulate and properly translated Complete full name, number of certificate or Identification, civil state, age, instruction, profession, address of two or more witnesses than can credit the conducted threats to the spouse of Mr. SMITH. Complete full name, nurnber of certificate or Identification, civil state, age. Instruction. Profession. Address of the spouse of Mr. SMITH. Declarations of Taxes, income of Mr. SMITH, similar authenticated and legalized in the Ecuadorian Consulate. Copies certified of the openings of the credit cards and movement authenticated and legalized in the Ecuadorian Consulate. Certification of authenticated and legalized criminal records in the... Ecuadorian Consulate. Justificatory of the commercial activity and businesses that Mr. SMITH has developed in the U.S.A.. In order to begin the defense Xavier is due to give or to brief to the Dr Gonzalo Arregui Camacho, the sum of USD 6000. As advance payment. opposite case cannot be appeared with the address signaling and designation of participator, the telephone of the Doctor is 022557404, Quito, Ecuador, the Address is ¡n the Avs. Patria and 10 of Augusto. Corner. Building Banko dePrestamos, Floor 10, Offices 1001-1002. Quito Ecuador

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Quito 12 de Dicembre del 2005

Úpdate

Hola todos;

Quick update with Marisol Ruiz.

Firstly, in a normal life, I become very antsy around the Holidays. We all know how miserable I have been in the past. Although, this hopefully has subsided, the present anxieties are taking there place. Those being the indescions of the Ecuadorian justice system and the length of time necessary to achieve any of the same.

Yesterday, Sunday, Marisol came by in her full effervesce, demanding more money remember, she has already received $1000.00. Saying, of course that the court date is coming, the court date is coming. She sounds like a Colombian Paul Revere. Well, when Ozzy came by during her discourse, asking for a smoke, his norm, he must have read my face, because he asked if I was mad. Well the volcano erupted... I just stormed off., leaving them with their respective mouths open.

Here in a nutshell our my observations

She had been saying that according to the Treaty of Istanbul (whose name she knew) that US citizen’s repatriotated, especially ones with no antecedences, would simply be placed on parole. When in fact, as shown in the recent letters, that is not the case at all.

Her lack of exact knowledge of the ramifications of said treaty, makes me suspicious of her intentions.

Secondly, she has been using the fact of the upcoming court date as a lever for the transference of funds. I have, as of this morning reconfirmed with Gracie of Diagnostics, that the Tribunal Calendar for both the balance of December and January are full. The fact being my case will not be heard until February at the earliest. Again, my suscpions are raised because of her constant insistence of the imminent date with the Tribunal. She is constantly talking of her many trips to both Colombia and /or Venezuela, which never seem to materalize. The excuse given is that she is working on my case. My belief is she needs our money to afford to fly.

Thirdly, Gracie informed me today, that I have a 90% chance of receiving the minimum sentence as is... she is going to speak to the Tribunal and also get a letter from the medico of the Carcel stipulating the gravity of my health conditions as well as samples of my blood test performed by Roche Laboratories I have had conversations with him and as he knows my situation is in the Spanish ‘grave’ which translates roughly into critical in terms of the HepC C. Roche does not want to inject the drug Pegasus( Interferon) because of my enzyme levels and age, with increased risk due to the side effects including depression(see Bi-Polar) and my diabetes Three strikes and you are out.. I hope it proves to my benefit, because after the trial I want to begin the regime of Glyconutrients to combat the HepC.

Fourthly

Regards my fingerprint, a key element in my case. She pushed and pushed to have me write the authorization letter. Saying she would be right back, yesterday or any other day she neglected to mention them. Perhaps, she is more concerned with funds.

 

On another subject, I am sorry to say I need an infusion again. I have had some unexpected expenses. They include paying for this computer I am using, lending $40.00 to Blanca for her to finish school, buying a new color cart for the printer $30.00, as well as other misc. expenses. I am earning $15-20 per week, but as all neggocios here within the walls; it is difficult to collect and is currently carrying more than $50.00 on the books, not much in NYC but a lot here. But my hands and mind are busy.

Could you please send some mullah ASAP?

Next subject:

Fingerprints

Today; Monday, December 12, 2005, I should be sending these to Holly, via DHL Courier, the instruction letter in the previous email. Please call them and find out about expediting... They are to be sent to the US Embassy here in Quito, as far as I know.

Wewe, the lad from Paris, has relatives in NJ. They may be coming to Ecuador in January. And, according to him would gladly bring some items here. For me, that would include paperbacks and computer parts.

That Is All For Now

Happy Holidays

And My Most Sincere Best Wishes

My Eternal Love

Donn and Daddy

PS Reading almost two books a week...desperate for new titles MYSTRERIES

Also studying Zen Buddhism to fight the Bibles being waved in my face

 

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Quito 27 de Enero del 2006

Happy New Year... Thanks to you all!!!

New Year’s Update

Greetings from The Center of the World, at least in their minds, for me it is only because we are on the equator (Ecuador in Spanish). Unfortunately, nothing if anything appears centered.

Xmas and New years passed quietly the few drunks (most on DEC 24th) passed the nights somewhat quietly. It is amazing what can be gotten here, of course, for a price. The GIAS (guards) earn 300.00 per month, working 24 hour shifts every other day. Sometimes, the state is late with their pay, and the riquitas (searches) begin, phones, chargers, liquor and drugs (tolerated smoking of povo or grass the odor wafts through the halls) we were allowed out on the patio at midnight to hug and celebrate the New Year. Everyone saying, this would be their last inside. You also get to burn the effigy of Father Time, a custom I had not encountered, but there is no baby’s birth .extraño. I got to play Papa Noel, and pass out candy and small gifts to all the prisoners’ kids, that was a joy. I happen to have a great Ho! Ho! Ho! but you got to watch out , with people’s MTV English they think of whore. Anyway we were a gran exito. It is amazing to see the internos acting as a parent, for most, this jail relationship , is the only one they and the children know; part time dads , like a grandparent. Another oddity of the system is the sleepovers; that is the families bunk in with us six times a year, what a zoo. Kids running up and down the hall, cells being swapped, paying for camboochie (private bedrooms used by the caporal of the cell) Hallmark has certainly indented itself here.

Getting to my legal situation, the news goes from insanity, crosses hope and returns to reality. Thanks the powers of the universe; I have discovered Gracie of the Juridico (justice) office downstairs, here in Carcel 3. I nominate her as a savior even if nothing happens. She is unlike most Latinos, professional, laborer, or just plain worker, she emulates what we have grown up with and come to expect of a pro. Is she a Gringa? Do not know, but she sure gets it done,

Marisol, my second former lawyer, did absolutely nothing; zero. She did manage to vacation in Colombia during the entire holiday period, reappearing less than a week before my Tribunal date( unfortunately, her father passed during this time and her mother is gravely ill and for that reason only she garners my sympathy, but this case could cost the rest of my life. No Thanks!) During this time frame , she failed to communicate directly or through her man Washington ( who if he intended to build a relationship providing legal referrals here in Jail, has soiled himself mightily) No communication since my public outburst on the patio, following here insipid demands for money , without producing one iota of tangible work. I also discovered she has her marido (husband) resident here in this very jail. Talk about a jailhouse lawyer. Enough people had warned me of her history, but that as in most things here is Monday morning quarterbacking, game day advice is hard to come by. She produces quite a show, a bundle of energy and words, but real short on action.

Anyway, back she comes from Colombia, informing me of my court date. No documentation, no solutions, and without a visible piece of paperwork. I demanded to see my carpeta (folder of all my papers etc.) and read all in earnest, discovering amazing facts throughout the documents. For example, the Colombian who arrived here with the drugs and gun is a convicted felon in Colombia and co named in the case. A very important fact, one which we will stress, in that at worst I was an accomplice not the owner of the material. I now believe that a defense would not have been staged, and I would have been left to the whims of the judges. She is hereby dismissed! I have placed my faith in Gracie, for the reasons stated earlier and further amplified later on. So far though, I am 0 for 2 in the field of lawyers.

But in Gracie I have the highest regard. She is considered one of the few truthful people in the entire Rehabilitacion system. This not only comes from myself, but has a 99% batting average among both the inmates and external sources. One of her former law Profs, Dr. Maldonado, is the president of the 3rd Penal Tribunal (my court). She speaks at length with him and the monies upcoming are in her words.¨ A deal is a deal! ¨ I Believe Halleluiah!!! But like I have said, ¨ all is possible, nothing is for certain¨

According to her, the previous landrones did nothing, but steal. She has prepared paper work in flash, including medical docs, and buen conducto and trabajo docs. All the beginnings of the paper river. But with the power and grace of Niagara. She had them typed, sealed (sellos the backbone of ALL paper work throughout Latin America; nothing is official without the stamp) Not only did she personally deliver the papers t postpone the court date, but called the US Embassy and got them involved.

She had me sign a contract with an excellent lawyer, Patricia Palacio (same as current President). Dra. Palacio is well equipped and connected; she is a former director of INCA, the female prison here in Quito. Knows all sides of the system. INFLUENCE and more Influence, the grease for the wheel. Furthermore, they happen to both be on very friendly terms with Fanny, my illustrious prosecutor, perhaps in this world, the most important factor.

The layout is as follows; freedom (small chance), 4 years sentence (with reductions possibly forthcoming from the congress and prisoner transfer, 20 months total) or 8 years (parole after 40% of sentence and transfer to US as parole). Here in lies the rub, does US consider parole as preliberty is considered here, ah, the question ( I will setting up , shortly web pages with all references to USA International Treaty Transfers. There are three treaties in total. Depends what you read, and who is talking).

Considering her connections, the money, and the proofs will have (see other email NOTAS) I am wagering on the 4 spot, that is with suerte. Freedom is the least of the chances.

Later:

So last Thursday, after a full night of anxiety, Gracie was in my cell at 8am.Telling me she is not at all sure of a suspension. We need to go to the MD ASAP, as it turns out I was sick, 102 fever, the GRIPE, as it is called here. He writes a full page of notes in my file, which is quickly becoming fat, and gives scripes for the flu (antibiotics). This MD is a good guy. H has worked closely with me , Roche Labs ( the maker of Pegasus (interferon for Hep C) and Sra. Sandra Benevides the rep from Roche. He knows my med history, and is genuinely concerned when I pop in. Ah, but to no avail. The show will go on!! Gracie is nervous and now so am I. We need some kind of guarantee of the suspension or 25 years could be in the offing. She acted immediately. I got the embassy on the phone (Carlos Herrera) and she fully explained all. Asking Carlos to call the 3rd Tribunal for the suspension. Sure enough, he did, but the results were mixed. No Promises, still must go to court, a decision would be made there amongst all parties; interesting, because officially I had not a lawyer. Can they convict here without legal representation? Life in the third world.

At 2.00 pm, I was picked up by the Alpha GIAS, handcuffed (gracias adelante, unlike the other customers all behind) and escorted onto the bus with other inmates all going to trial. Off we went to Central Quito; I was the first stop, my trial set for 2.50pm...

I was warmly greeted by the employees of the Hotel Windsor, all of whom had been called as state witness, but had given declarations, one and all, in my favor. They seem to want to help any way they can, let us hope so. The two cops from the airport where also there to testify, very cordial, inquiring about my health and wellbeing, strange but genuine. Meanwhile, inside I was trying to keep calm, fanny sitting across from with her chersire cat smile, nodding She does not seem to like me or any other men; seems she had a daughter violated(common here) and her anger towards the accused is obvious. At approximately 3.10, without the judges having entered the salon, all was suspended. Thank the Stars!

The brothers Chugchilan, Jamie and Raul, were waiting downstairs. The Chugchilan family has been great support throughout. Jamie is running for city council (23 y/o), with the support of former and currently incarcerated ex presidente, Lucio Gutierez; who himself is running for President in this years (Oct 15) election; and is leading the polls. Oh Ecuador! Contacts like that can not be denied. Jamie is the president of two Native Foundations and would have full support of all the indigenous voters (some 80% of the population). He also currently is a student of DR. Maldonado, the president of our Tribunal... He is talking to all on my behalf and is where I am getting outside confirmation on people positions and reps. He, Raul and Blanca, will be testigos on my behalf, stating how long I have known the family and the business I do with them, including past marketing of their art, The family is loaded with talent, I have attached a piece of Raul work, perhaps the talented to this letter. Got a lot of people going to bat, feels like the 7th inning stretch- the comeback. Anyway, back to court day. We reload the bus and head off to Penal Headquarters to await new orders. The boys put on Sting in my honor and I began asking for translations. Felt sorry for the guys with me, all had their hand cuffed behind, a strenuous and horrible situation. Off we went to start dropping off at the other courts. Two things here, one the court themselves are not centralized in one building, but are held in a variety of buildings located throughout Central Quito. Secondly, court times are scheduled in la hora pica (rush hour). They always seem to have there thing caps on, they just wear them backwards. So off we go. Ah! , not only in rush hour in the colonial section of narrow streets, but we are met head on by the current Huegla (strike), a more than common event. This time the university student duking it out with the police over student rights, and finacial support. Tear Gas blowing, rock flying, it so reminded me of our own glorious 60´s. meantime the bus is stuck, can not get to the courts and the Chief GIA (certainly ex-marine at least trained) says!!!!!! We are out of here. Backs us down a street, causing as much havoc as you can imagine; all normal here. We are headed back to the prisons, myself the only interno to have seen the inside of the court. Meantime, on the radio, the presidents of their resepcted Tribunals are screaming over the radios... what do mean you turned around get back here at once. We must hold session. Impossible sir, can not get close, besides we are more than ¾ of the way back. Give it another day Manaña!! What a story, que typical Dear Ecuador.

Anyway, I want to thank each and everyone to whom this letter is being sent my heartfelt thanks for all your support

Meantime here is the latest contact sheet and money breakdown:

For Legal Documents: Declarations Etc.

Delagado Travel

Agencia Amazones Quito

To: Grecia Reinoso Mena

Cell: 097.268.935

Casa: 022.959.108

For Western Union Tranfers:

Raul Chugchilan

Quito Ecuador

Blanca was robbed, lost her cell phone and Karina´s husband Manuel Flores got out!! $65K ah Ecuador.

Immediate Monies Needed:

$75.00 to keep computer running, ink and blank cd´s and recorder. It is amazing how much work I have lost already with 2 hard drives going down and little or no backup.

But the new drive is in and system is glued and tapped, literally.

$40.00 for internet Needed for all communication!!

$60.00 for Gracie to get copies and certified translations

$50.00 for living expenses

$40.00 for seals and stamps to authticate certain docs

I can get by without the computer addons for now , it still comes to $200.00.

Please divide it up , but send only one wire, cheaper.

Also, if Delgado is cheaper use them, worth a check.

Regarding packages the following address is of Paul´s and Ozzy´s Lawyer. They have known her for over 4 years, and I hear of her daily.

Dra.Nora Guzman

Gran Colombia

Esquina Hemanos Paz Miño

Segundo Pizo Officina 14

Quito Ecuador

Cell: 098,392,485

Bev and Holli . Iwill call today, Friday

All My Love

Check out www.geocities.com/ds4wcs

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Members of the Tribunal

Tribunal No. 3

Quito Ecuador

 

Judges:

 

I want to thank you for your graciousness, allowing me to inject this statement into the court record. As you know, as a native of the USA, a defense consul would give a summary of his client’s case before a jury of 12 of the defendant’s peers. However, as your country uses a somewhat different version of judgments, you sit as both judges and jurists.

       

        That being the case, allow me to briefly summarize the prevalent points in my defense.

 

1.   I readily acknowledge that I checked the baggage at the airport. Not of my free will, but as a victim of EXTORTION, whose players included the COWBOYS of your neighboring country. As has been stated and verified (see statements and reports from NYC), this was solely a reaction, perceived and actual, to threats, including the actual use of a 9MM weapon. Therefore, what I ask of you is to use both your judicial powers tempered with your combined wisdom to analyze these proofs. Let the ¨Scales of Justice¨ weigh and temper your decision process.

2.   Please consider my age, not as an impediment or a lack of vigor, but as a person of 57 years, whose habits are well ingrained.  A person that does not change their stripes, to begin criminal activity after a lifelong existence as a law abiding citizen.

3.   Health Considerations: As has been shown, I have four grave infirmities. That being A) Hepatitis C; B) Diabetes ;) C) Bipolar Mental Disorder; D) Chronic Hi Blood Pressure. The above are chronic and have treatment problems because of the interaction of medical drugs used in their treatment. The case of the viral Hepatitis C is especially concerning, for without treatment, the progression of the virus is terminal. I have been refused treatment by Roche Labratories, here in Quito, due to the following factors; A) Pegasus, a form of interferon, used in the treatment of other viral infections such as AIDS, has extreme reactions to someone suffering from both a tendency to depression (Bipolar Syndrome) and blood sugar levels (Diabetes). B) My age C) the astonishing hi level of infection present in my liver, a result of blood tests taken here at the prison and measured in a private lab at the expense of Roche.  Therefore, my only remaining solution would be to initiate treatment in the USA, where I have the benefit of health insurance.

4.   Familial and Finical Responsibilities:

As has been documented, I earn a middle class living in the USA. My earnings are derived from the following sources; A) Professional Umpiring; B) Artistic , Graphic and Photographic endeavors; C) Management of my spouse’s modeling and professional performing career. I have been cohabitating with my Salvadorian wife for some seven years to date. That being the case we have assumed a level of responsibility for the education and well being of our young nephews residing in San Miguel Salvador. We have also supplied funds for the well being of the entire household there, and I have grown to love and cherish them as my own. I also have two beautiful daughters and two little nieatas, who deserve the pleasure and joy of the presence of the entire family for their own psychological well being.

 

 

5. I have heard through various sources, that the fact of my many journeys to both here, in Quito, as well as my other stops throughout Latin America, is and was the subject of much speculation.  I would like to stipulate clearly and succinctly my reasons for travel here, that is to promote and export Artesania and other forms of folk art which are created by the various native cultures here in Meso-America, some of the final links to our native past. In doing so, I have encountered the Chugchilan family of Tigua heritage .and fallen in love with their work. I have also adopted young Blanca as my god-daughter. Other business associations have developed as a result of these trips, including my meetings with John Terrell  and Richard de la Cuesta (ANDY), regarding both sitios de web for traveling personnel of the oil industry, and development of property in Esmeralda, myself acting as photographer and propaganda executive. I have been and will always try to be an inventive, creative person. The adventures and opportunities that exist in Latin America are astounding, and people such as me relish the chance to share ones experiences, develop business interests which benefit your country and peoples, while serving my capitalistic upbringing and enriches myself and families.

 

I realize the state of Ecuador has a responsibility to incarcerate and put a halt to drug trafficking, I simply ask for your mercies and good graces. Further incarceration does nothing but cost all of us, both time and money, which are in short supply, especially considering my life expectancy without proper medical treatment.  As has been shown in the documentation, both FBI and INTERPOL , show no record or history of criminal actions, therefore the science of rehabilitation as exemplified in this country, would be of no service to the individual in rectifying their lives. Thusly, not serving myself, the country of Ecuador, and all other affected parties including my American and Salvadorian families.

 

Please find within your wisdom, that my time served incarcerated, would be punishment enough, for making such a fool hardy forced choice, possibly the most detrimental of my life. Not only have I served my time with good conduct but have offered my services and skills in the education of other inmates in both computer and language.

 

The law calls for a possible conviction of an UNWITTING accomplice, with many mitigating circumstances. I fully realize, we are not in my native country, that I fall fully under the guidelines of your laws. However, please take into your considerations the above points, all of which in my country, would be used to create a package of castigation which both befits the crime, individual and serves the society under which it receives its authority to the highest degree.

 

Please allow the Scales of Justice, and your rational, logical thoughts, guide yourselves in the wisdom of your judgment.

 

Thank You

Sincerely

 

 

Donald John Patrick Smith

 

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