Legal funds are needed for my son Joshua Benjamin Bailey who has no criminal record, and is held captive in the Humboldt County Correctional Facility. In early June of 2015 Josh was arrested and charged with misdemeanors and released. The next day the District Attorney changed Josh's charges to felonies, based on his opinion. The bail was set at $155,000. At first, Josh thought it was all a mistake and he would be released. He spent a month in Super Max “the hole” 23 ½ hours a day in a small cell. Many people spend their entire stay in “the hole”. In jail, people lose freedom, dignity, sanity, and rights that we often take for granted. ”Innocent until proven guilty” is an intangible concept for those without money. Public defenders are over worked and have little time for their clients. The Judge starts the timer for a fair and speedy trial, when trial confirmation begins. Josh’s timer finally began eight months after he was incarcerated. A week before the two months ended, Josh was brought to court and asked by the judge to waive his rights to a fair and speedy trial. During Josh’s ten months of incarceration the judge had never conversed with him, and still did not know his side of the story. She asked Josh if he understood her request. Josh did not understand what the consequences of agreeing with the Judge would mean and worried that giving up his rights may keep him imprisoned forever. As he stood before the judge in shackles, in a full court room, with no prior warning or explanation, Josh answered, “I do not understand”. The Judge asked two more times before she suspended his case and ordered that he be seen by a psychiatrist, to establish his competency to stand trial and possibly be sent back to the state hospital, where months before she had him committed to a psychiatric program, to be tested for competency and trained to understand the court process. With his case suspended, he was no longer on the clock and until the judge reopened his case, Josh's rights to a "fair and speedy trial" were on hold and the timer would only be restarted after the judge reopened his case and after "trial confirmation" reoccurred. This meant starting over, not picking up where he had left off. Josh’s rights to a fair and speedy trial was controlled by using loop holes and methods to keep him incarcerated and in a holding pattern indefinitely. Josh and 1,000's of others in the USA are trapped in a system that sees them as numbers and uses them for revenue. Josh is my Son and this is his story. . . .
In January of 2015 my son Joshua Benjamin Bailey left his job at FedEx Ground, sold his car, and motorcycle to pay for a trip by train, to meet with his older brother Alex in California. His trip would take him to the Redwood Forest and the coastal city of Eureka. His plan was to find a place to live, a job to support himself, and eventually return to school to complete a Bachelor’s degree. In this beautiful setting, Josh was shocked to discover more racism and hate group activity than he had ever experienced in his life. Josh found that amidst the natural beauty of this quaint setting, that Meth and Heroin use had reached epidemic levels. The homeless and drug addicted population had created a criminal environment. His home in Rochester, New York now seemed like a lost and distant paradise.
As a young bi-racial man, Josh was already very familiar with being questioned by law enforcement, but in Humboldt County it was far more frequent. Shortly after his arrival, Josh’s backpack was stolen. This was the first of many criminal encounters. Josh had purchased a used bicycle to get around to look for housing and work. He was stopped by the police and informed that there was a report that he had stolen a bike. Josh was able to prove ownership, but the police still detained and questioned him. The bicycle situation did not end there, Josh was blocked from housing by a rental company that claimed that they knew he was a thief and had stolen a bike. No explanation mattered, including a call from me. Since Josh was having a difficult time finding housing, I did some research and began making calls. I found a place similar to a hostel setting. I called to inquire and mentioned my concerns about racism because of what Josh had been going through. The man on the phone replied, “Oh yah, we have a room with Coloreds”. I don't remember exactly how I responded; I was shocked, and then I had a better understanding of what my son was facing.
Josh had to run for his life many times, while living in Humboldt County, while being threatened because of his race, he was told that he should be lynched, and was called the "N" word daily! On one occasionwhile walking the trails, Josh came upon a place he later learned was known as the "Devils Playground”. Josh was attacked by a gang with knives, chains, and rocks, while being taunted and threatened. Josh went to the police and filed a report, and the police drove him back to the scene where he was able to point out the group. His bike was recovered and one person was arrested. The rest of his belongings were not recovered. Josh was confronted to some degree every time he was in public. On one occasion he was stopped by the police shortly after shopping, because it was reported that a "Black" man of his description had stolen a case of drinking water. He was questioned and released. Josh was arrested for “looking” at a fire truck parked outside, because a firefighter thought he may intend to vandalize it. Josh did nothing more than stop briefly to take a look. The judge threw out the case, but it was becoming more and more difficult to be out in public.
I was concerned so I called the police department and spoke with a female officer. She was on the phone with me for at least thirty minutes. I briefly explained the situation and she expressed extremealarm for Josh’s safety in Humboldt County. She shared that it was so bad in the area that there were some things she could not talk about. She said that whatever it took, I should get Josh out of Humboldt County and warned that if he did not leave something very bad would happen. She also said that he was at risk of being arrested and then he would be trapped in the system for a very long time. As she predicted, it all came true.
On June 6, 2015, Josh was sitting outside, when one of two guys walking by said to other, “Look at the dirty nigger. He doesn’t belong here”. As they walked on by the taunting dialog continued. Shortly after, one of the guys returned to continue the abusive badgering. A physical altercation occurred between Josh and the one guy who had returned. They ended the exchange and parted ways, but Josh was arrested because of two women entered the scene after the situation had escalated. The exchange had only lasted minutes, however Josh was arrested, charged with misdemeanors, and released the same day. I was horrified to learn that the District Attorney had changed Josh’s charges to kidnapping and added two more serious felonies. It is not unusual for DA’s to elevate charges and later reduce them as though they are offering a favor, while threatening a long prison sentence. I am certain that if a study was done on those who have accepted plea bargains, it would show that people admit to crimes they did not commit. Exaggerated charges that are seemingly graciously reduced become welcomed. Because of the threats from the DA, and I assume are supported by the judge.These threats include prison time and life labeled as a FELON! This is not a unique situation. There are hundreds, maybe thousands of helpless people sitting in jails, subjected to inhumane conditions, agreeing to felony offers that ruin their lives, and become caught in a system designed to cycle them in and out of incarceration, all because they cannot afford an attorney. As painful as it is to remain in jail, Josh has chosen to go to trial, so that he can hopefully clear his name. His decision has been met with threats of long imprisonment, followed by parole. Josh still does not know when his clock will start again, insuring his right to a ”fair and speedy trial”. After all this time the judge and district attorney still do not know Josh's side of the story. That is how the system is set up. The judge and district attorney have indicated to the public defender that they believe that Josh is guilty. This determination is based solely on the reports that were filed. One report was from a close friend of Josh's who has turrets syndrome, multiple personalities, and schizophrenia. HIs friend is a ward of the state. It would not be possible for him (Robert, Rob, or Bob) to give a report unless he was led through the process. The Public Defender has only shared with the court that Josh has no criminal record, that he has his associates in applied science degree, and other information provided by me that would support his good character. Most cases never go to trial because of the great expense. The court will try to coerce Josh to accept a plea bargain instead of going to trial. Based on Josh’s criminal free record the court had offered to drop all charges accept one felony with no strike and three years felony probation. They considered this a generous offer even though Josh would still be a Felon after completion. If Josh accepted the offer, the expectation would be to live in Humboldt County where Josh was unable to find work or housing prior to being jailed, due to the racist, criminal, hate group infested environment, but now he would be expected to do so as a FELON. He would constantly be at risk of being accused of breaking rules by law enforcement, which would send him back to jail. Jail is not designed for long term incarceration, yet it is used for that purpose. Josh does know that the court’s intention is to send him to prison for a number of years. He has seen it happen during his time there, and he has heard the concern from his public defender. Please get the word out. Once again, Josh and 1,000’s of others in the USA are trapped in a system that sees them as numbers and uses them as revenue. Please share with others and get the word out.
Thank you! Veronica Kiereck
https://www.fundedjustice.com/en/projects/30244-One-Way-Trip-to-Humboldt-County-Eureka--California
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