Families of SOs Community Group
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I think my life revolves around this .... so today he takes another poly supposedly to see if he really is an anomaly or if the anti anxiety medication will allow him to pass. His PO gave him questions that the PO knows the answer to. If he passes this doesn't count but he can stay on the medication and take yet another poly (11 so far and at least one failed that we proved he was telling the truth on. Though we could not prove what he may have been thinking about....) and maybe we can mover forward with treatment and finally seeing each other. if he fails then they have to review all the polys again with the state board. Which is a joke cause the guy who runs the board owns all the polygraph places....WTF.... So is there any kind of law that states that a spouse has access to their spouse even if the PO doesn't recognize the marriage. I was married in a native american ceremony and got a common law notarized letter. The PO states that it doesn't count. He also has barred my partner from attending native spirituality ceremonies with only men because he is unsure what kind of stuff goes on there? OK I am ranting Thanks for the space....
First of all the People of this country are so frightened of our own system that people fear to challenge it.
Your marriage is legal under Federal Law. 42 USC 1996 (The Native American Freedom Of Religion Act)
While some would argue that it only applies to those with Federal Recognition, I would dispute that claim, the 1st amendment of the US Constitution guarantees the right to freedom of religion to everyone and it clearly states " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" (SCOTUS has held that the same applies to states as well).
It would appear that there are also several issues that have legal consequences as well concerning those applying the Polygraph exams.
First of all, since they are either working directly for or through contract of the parole board, that means they are working under color of law. (Note: remember this , it will be important later in this post.)
Secondly, if the if a person who administers the test or owns the equipment by which the tests are administered or both, that is a clear ethics violation. Such violations can be brought to the state ethics commission ( every state has one even though they may call it something else, it still has the same function.) by anyone. I suggest contacting your state ethics commission and find out their process for filing an ethics complaint.
Now it should also be noted that anyone who denies the rights of any American Citizen has committed a crime under Federal Law when that person is acting under color of law. Specifically under these specific Sections of the US Code.18 U.S. Code § 242 - Deprivation of rights under color of law,
" Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."
18 U.S. Code § 241 - Conspiracy against rights,
" If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."
18 U.S. Code § 246 - Deprivation of relief benefits,
"Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both." ( Read this part carefully, "or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin,"
Al federal criminal codes are actionable by citizens arrest !
Another option is to file a law suit against the Parole Board, the Board of examiners if it is different, the individuals involved, examiner, parole officer, etc... naming all as being complicit.
I would suggest that your first action would be to contact attorneys in your area and see if you can find someone willing to take your case on a contingency basis, failing that, I would file a Federal case in the Federal District Court in pro se and see appointment of counsel based on the fact that this is a liberty issue. Filed properly this is possible, though the Federal Civil Suits do not normally carry a guarantee of appointed counsel.
This is indeed a complicated issue, and it is above the abilities of an average citizen, and that should be made clear in the initial filings of such a case filed into Federal Court.
The only way this system will lever work is if people stop shaking in their boots and stand up to the corruption in this system.
And for clarification, I am not an attorney and make no claims to be one. I am a Civil Rights Advocate with over forty years experience though and I have challenged things that attorneys would never dare challenge.
We the People means just that.
Unless we start standing up and fighting, we have not seen any thing yet. You think it is bad now, wait ten years.
I suggest that you don't worry about writing skills, just do what you have to do including research.. and do NOT let other case laws that may sound like they are against what you are doing discourage you. Legal Precedent is made every single day in the United States.
A prime example is Gideon v. Wainwright, 372 U.S. 335 (1963)
Gideon was an illiterate man incarcerated in the state of Florida. He had to learn to read in order to fight his own case and the original petition was hand written on a roll of toilet paper because that is all that was available to him.
Because of Gideon, everyone is now guaranteed legal counsel in criminal cases in EVERY state. It also brought Law Libraries as well as law clerks to prisons.
Those who do not fight, can never win !
I could write another 50,000 words on this issue, but I have given you the tools, start with the ethics commission. That will get their attention. And if anyone threatens you or you spouse, then that is a good thing. It means that they are scared and it also means they just opened the door for the FBI to be brought in very easily. Coercion is a Federal Crime is this particular incident, and it would be very easy to prove a Rico Case if what you have said is completely accurate.
One last thing.. exclude all speculation.. Use only facts that you can prove and provide every detail possible.
i know squat about anything legal. but *11* polys??? couldn't that be viewed as excessive or abusive by law? hell, even harassment somehow?