Equal justice under the law? How about selective justice under the law? August 18, 2019,
Using 2 Fort
Smith citizens in exploring the legitimacy of the title of this article.
I shall
begin with ex-Arkansas State Senator Jake Files who was convicted on 3 counts:
WIRE FRAUD, MONEY LAUNDERING, BANK FRAUD, including misuse of STATE GENERAL
IMPROVEMENT FUND (GIF). Taxpayer
monies. Those are heavy crimes, perhaps involving $millions?
There are
sources that maintain he is still under investigation for bribery. $90,000, a
number involved in both cases.
Files had
deep-seated relations with the governor of Arkansas, the Fort Smith City Board,
the downtown “Stakeholders”, and probably others attached to a quid pro quo.
Questions
have been asked on multiple occasions to members of the present & past Ft.
Smith City Board as to who promulgated the idea of a massive softball complex,
why Files (R) and Democrat office holder Lee Webb were selected to construct;
no bids taken, no oversight, and why was
Lee Webb not tried along with Files? In the end, the complex was
incomplete, shoddy, and an embarrassment to the entire city government, as well
as Fort Smith citizens…i.e. incompetence, political inside dealing, unpaid
contractors & a plethora of other violations.
The day
after the light was shone on Files potential criminal activities, then State
Rep. Matt Pitsch announced that he was honored to serve the Western District as
the next State Senator. Obviously, the fix was in between at least Asa
Hutchinson and Matt Pitsch. Pitsch is the legislative Screw for Hutchinson. In
all likelihood the both formulated a plan for Files to take the fall long
before Files’ news hit the streets. Was former protégé & business partner
of Gov. Hutchinson & now Western District Federal Prosecutor Duane Kees involved?
Files bequeathed
at least a $million Arkansas taxpayer dollars to the planned Marshal’s Museum
which was initially started by Griffin & Sicard as a “private enterprise”
and both echoed, no tax dollars would be used. The county, city and Fed also bequeathed
Griffin & Sicard’s project with millions of taxpayer dollars. All Money-Changers.
Files
recently made a DEMAND to be
paroled IMMEDIATELY. The basis he is using to justify his
early-out was praying, reading 70 books (what kind?), written extensively
(about what?), counseled inmates (on what?), and earned a Master Gardener
certificate. Technically, they don’t have paroles in the Federal System.
Coupled to
the crimes he was convicted for he is still under investigation, as previously
noted, for what is said to be a bribe of $90,000 by a nursing home complex,
home office in Fort Smith. Allegedly one of the owners, David Norsworthy is the
briber and is walking free.
Now to the second example:
the case of Oscar Stilley, a former Fort Smith attorney who was convicted for
income tax evasion. The case involved Stilley’s handling of IOLTA (lawyer’s
trust) money for two clients. One client
loaned $250,000 to Stilley’s co-defendant Lindsey Springer out of money in
Stilley’s IOLTA account. Another
involved $90,000. Both clients testified
at trial, saying that Stilley did exactly what he was told to do, and that they
had no complaints. Stilley had a duty
under the Arkansas Rules of Professional Conduct for attorneys, to promptly pay
out money to the “person entitled” to money in his trust
account. Stilley simply did what he was
required to do pursuant to attorney ethics, criminal law, and civil law.
His case was remanded to
Tulsa, Oklahoma’s Northern District and given to Judge Claire V. Eagan, who promptly
recused herself, followed by the recruiting of a Judge from the Western
District of Oklahoma, Oklahoma City to handle the case. There were judges
available who could handle the case in the Northern District. Eagan did not comply with the requirements for
replacing a judge from her district, but rather with an outside Judge. Eagan
appointed Judge Stephen P. Friot who appears to be the DOJ’s hitman. Judge
Friot has demonstrated, in other cases, a willingness to “scab over”
the government’s defective cases, and “pull the government’s case out of
the ditch.” In Stilley’s own case,
Friot acted without a government motion to strike Stilley’s post trial motion
and brief, proving that the guilty verdict was necessarily invalid. He refused to order the production of the
trial transcript in time to allow Stilley to prepare an appeal on trial issues,
saying that Stilley hadn’t been sentenced yet.
At sentencing Friot sent Stilley to jail immediately, over Stilley’s
protest that this would destroy his ability to appeal. Stilley has been held without being allowed
his one direct appeal, for over 9 years.
True to his history and background, he has abused his authority to
deprive a criminal defendant of DUE
PROCESS. At this point two
federal violations, one by Judge Claire V. Eagan and one by Stephen P. Friot.
Both these judges acted to steamroll federal law that disallowed Oscar Stilley
to defend himself!
Stilley’s
client Eddy Patterson gave $90,000 to Bondage Breakers Ministry. The government claimed that Oscar’s co-defendant
and client Lindsey Springer was the alter-ego of Bondage Breakers
Ministry. Stilley stated he did not specifically
recall who the $90,000 check was made out to.
Stilley further stated, “I just know that Patterson told me to convey
the $90,000 and I did! Once more, NONE
OF THE MONEY WAS OSCAR’S!
Therefore
the amount of money involved (gross amount, not tax liability if any). In essence amounted to $340,000. The $250,000
loan was from Tulsa dentist Pat Turner to Lindsey Springer (nearly all repaid)
and was the foundation of the 2005 tax evasion charge.
The $90,000
from Eddy Patterson to Bondage Breakers Ministry formed the foundation for the
tax evasion charge in 2003.
From those
modest numbers Judge Stephen P. (Scab-over) Friot decides that Oscar Stilley
owes the ludicrous sum of $776,280!!!!
Oscar has
defended himself and inmates when the prisons violate prison law. For short
periods of time in one prison he was allowed to teach a class and it was
overwhelmingly successful and for that type of conduct he was regularly
transferred to other prisons, repeatedly sent to SHU (solitary confinement),
“shots”, loss of good time and as previously mentioned transferred to other
prisons, etc. to break his spirit.
President Trump has
created a program, previously referred to, known as the First Step Act of
2018. It is designed to teach skills to
inmates and to reduce recidivism.
Stilley has pleaded for permission to donate computers, software,
support, office supplies – but can’t even get an answer. Stilley stands ready to teach GED as well as
advanced courses – if the Department of Justice-Federal Bureau of Prisons
(DOJ-FBOP) is willing to cease its obstructionism. At Yazoo City Low, where Stilley is confined,
he can’t even get access to archaic “Fusion” keyboards, with which to
teach keyboarding and writing skills.
The DOJ-FBOP is doing its best to defeat the purposes of the First Step
Act.
Oscar and a
number of other people have contacted Ms. Brooke Rollins (Assistant to the
President of the Office of American Innovation), who the President appointed as
Chairman of this 1st Step undertaking. Some have sent documents & descriptions
of what Oscar could do and is essentially asking to do. Rollins’ office is in the White House. Oscar and his supporters have not
received one word from Ms. Rollins office pertaining to 1st or 2nd
Steps and Stilley’s masterful teaching abilities.
Oscar
informs that there is extreme inmate interest in completion of 1st
& 2nd Steps since they provide points leading to parole, how to
deal with outside life when released and more specifically their legal
rights. However the program priorities
seem to have been torpedoed.
Excerpts of
conversations Barbara & I have had with Oscar demonstrate vividly the wide gulf
that exists in prison sentencing and law enforcement as you will soon see, all
replete with a political protection racket.
According to
Oscar: “The government refuses access to my
own property and rights to property in order to prepare an Appeal
Brief. They’re not used to people who
don’t give up. They thought that repeated trips to SHU (Security Housing Unit),
and “Shots” (negative reports), loss of good time, transfers to other prisons,
etc. would break my spirit.”
“I will never, never, never give up.
I will fight to the bitter end, regardless.
I will write my Brief if I have to do it after I get out of prison.
My legal
position is summed up as follows: If I had been guilty all this time why not
let me appeal? Whereupon the circuit panel can write an opinion explaining TO THE WORLD why my legal
arguments are meritless? If I am not
guilty, why not let me use my own property and rights to property to advance my
legal argument and get a ruling?”
“I REFUSE TO SHOW REMORSE, ASK
FORGIVENESS, OR CONFESS TO A CRIME I DIDN’T COMMITT. I SEEK JUSTICE NOT MERCY”
The point of
all this are examples of SELECTIVE
JUSTICE and the vicious power held & used by the U.S. Dept. of
Justice, an all too often criminal operation.
Referring
back to former Arkansas State Ex-Representative & Senator Jake Files is
demanding a release from his prison sentence immediately. Is that strong
language indicating he might squeal? U.S.
Prosecuting Attorney Duane Kees is a close associate of Gov. Asa Hutchinson,
which may have something to do with Files snowflake sentence and a potential
early release. File’s web, no pun
intended, of criminal possibilities continue to expand. Hutchinson’s appointment of Kees as a Federal
Prosecutor may not be unlawful, but certainly is a conflict.
Files has
written a sophomoric 5 page motion based on worship, counseling, receiving a
“Master Gardener’s Certification, and reading 70 books and claims, using that
silly worn-out expression he “could make a difference and move forward”.
For Files’
known criminal activities while in the Arkansas Legislature, he received
through the political protection racket an 18 month “snowflake” sentence, now
demanding to be released after only 1 year served.
Now compare
Oscar Stilley’s criminally corrupt treatment by the U.S. Justice system (DOJ). He was handed a 15 YEAR SENTENCE OF WHICH 10 OF THOSE YEARS HAVE BEEN SERVED, BY
FEDERAL JUDGES WHO WERE IN VIOLATION OF FEDERAL MANDATES BEGINNING IN TULSA,
ENDING IN OKLA. CITY. THE 15 YEAR SENTENCE IS WHAT IS CRIMINAL. REMEMBER WHAT JUDGE FRIOT SAID, THE CASE
AGAINST OSCAR WAS DEFECTIVE.
The OKC
District assigned their number one Federal Judge Hitman to assure a conviction,
no matter the means. As previously
stated the records are extremely murky and would not allow Oscar his personal
documents involving $250,000 of his client’s money (not Oscar’s) and a homemade RV.
Let’s say for explanatory reasons only, that IF Oscar was guilty of the
charges against him, an honorable judge and most citizens would
think a sentence of 1- 5 years would satisfy even the most fiendish & brutish
of Federal Judges. Again, OSCAR HAS SERVED 10 YEARS!!
In real time
the 2 sentences should be reversed between the whimpering criminal Files and
the real man fighting for honor and EQUAL JUSTICE UNDER THE LAW—THAT WOULD BE
OSCAR STILLEY WHO ALSO LOST HIS FAMILY, HIS LAW LICENSE, HIS HOME, HIS FREEDOM
AND HIS REPUTATION. All the atrocities/punishment committed against Oscar are
uncivilized, as is the case of much of the government. In Oscar’s case, in
addition to Judge “Scab-over” Friot, the real criminal is the DOJ?
Oscar
recently filled a case in the Southern District of Mississippi seeking a court
ruling on the issues that DOJ-BOP have dodged for 9 years. The complaint is 69 pages of Trulincs
documents, the exhibits consist of 285 pages.
The Feds refuse to give him access to his docket and docket items.
It certainly
would be refreshing if Arkansas Senators Boozman & Cotton would respond to
Oscar and the many inquiries made to Boozman & Cotton regarding his sordid
unjust situation.
A word from
Founding Father Patrick Henry: “THE
FEDERAL SHERIFF MAY COMMIT WHAT OPPRESSION, MAKE WHAT DISTRESSES HE PLEASES,
AND RUIN YOU WITH IMPUNITY. FOR HOW ARE YOU TO TIE HIS HANDS?”
Oscar, you
are the one to whom the honorable Mr. Patrick Henry dedicated this.
Joe
McCutchen
arkansasfreedom.net
P.S. Thankfully,
a Judge has just denied File’s request for early out.
Cc: Ms. Brooke Rollins
Office of American
Innovation
White House