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James I. Neusom, II Greetings, I have been fighting false and trumped up fraud charges for about the last year, revolving around an 8 year old issue concerning the care and welfare of my deceased mother and grandmother. Unfortunately, I was found guilty even though the evidence shows I'm innocent. Due to the inept record keeping of the Social Security Administration; an over zealous federal investigator; and a prosecutorial rush to judgment; a serious Miscarriage of Justice has been committed against me. Now I'm taking my case to you the online community in hopes of generating enough of a public uproar over this unjust verdict that my conviction might be overturned. This Is How It All Went Down. In the summer of 1993 my mother was diagnosed with terminal lung cancer. At the time she was caring for her aged mother and sister, both of which were suffering from Alzheimer disease. As she was a divorced woman, and I her only child, I felt it my duty to stop everything I was doing and come to the aid of my distressed mother. We set up a family trust and proceeded to make her finial arrangements. Upon her death, I stepped into her shoes and took over the financial and moral responsibilities, as she had set out in her will and living trust. As the administrator of the Jett Family Trust, it was my responsibility to see to the care and well being of my grandmother and aunt. This was a full time job. I don't know if you have ever had to endure the heart breaking experience of seeing someone you love go through this degenerating disease, I did the best I could to live up to the example my mother had set in life. As the administrator of the family trust, I performed all the proper and legal duties. I notified the State, the social security administration, and the bank (in a timely manner) of my mothers death. I became the Payee of Record with the social security administration for my grandmother and aunt and fulfilled all the requirements there in. My grandmother died first in 1996 and my aunt passed away in 2002. For eight years I made sure that my family members had a roof over their head, food to eat and proper medical care. Simultaneously I maintained a career in the music industry; built a Dot.com business and tried to hold together my marriage, all at the same time. During this eight year period, twice a year (as required), I had to report to the social security department concerning the financial affairs of my grandmother and aunt. There was never a hint of any problems and I maintained constant contact, regardless of my travels or life situations. All of a sudden; one night I get a knock at the door. Low and behold; I find myself facing two federal agents flashing badges in my face. They informed me that they are investigating my mothers social security account and would I mind answering some questions. Having nothing to fear, I agreed and let them in. They then produced a stack of checks and asked me if this was my signature on them. Again, feeling I had done nothing wrong, I complied and informed that yes, that was my signature. At that point, I'm began to feel something was wrong with this picture and asked them if there was a problem. They then informed me that the social security funds deposited into my family trust bank account, were meant for my deceased mother and they were there looking into the misappropriation of social security funds. I asked if I was being arrested and if I needed a lawyer. Their response was "No", I was not under arrest and that if I cooperated this could easily be handled right here and now. They went on to say; if I chose Not to "cooperate ", I could be charged with a serious crime punishable by imprisonment and/or fines. I chose to cooperate. At the end of the "voluntary" interview, they asked me to sign a statement, I refused. They informed me, I could sign it now and be given an opportunity to repay the funds or; I could sign it down at the station and face the consequences of my actions. I grew up in South Central Los Angeles and have learned from experience it's better to cooperate now and fight later than to fight now and be beat down later. So under duress I signed the statement they had prepared for me. The next day, I was on the phone to the social security dept. trying to right the situation and rebuke the "voluntary statement". After repeated calls and being given the run around for six months, I received a federal warrant for my arrest. At my trial; the social security department. testified that my mother never began receiving social security payments until three months after her death. These checks came from the account of my mothers ex-husband (who I had never met) under the social security survivors benefit program. If that wasn't bad enough, the social security department went on to say that their records showed that the checks were coming via the US mail until two years later when "Someone" (meaning me) changed the form of payment over to direct deposit. I could not believe that government records could be so wrong. When confronted by my public defender, the social security department explained away their lack of backup documentation by explaining that in 1994 the department switched to a paperless system and that their computer records were never deleted and therefore complete and accurate. They went on to testify, that when the investigators met with me I freely "confessed" that I knew my actions were wrong and illegal, "an outright Lie". I could not understand why the government would go to such lengths and expense to fabricate charges against me. I knew I was in serious trouble. Then when the Federal Prosecutor offered me a plea bargain (during the trial) that would allow me to stay out of jail if I pleaded Guilty, it hit me. They did not want to incarcerate me ... they wanted to box me into the criminal justice system. I had fallen into the trap that over a third of poor Black males now find themselves in. No money, No Lawyer, No Hope! I refused to cop a plea. I knew that the evidence would prove my innocence. What I didn't know, was my Public Defender had not done his job. His first efforts were to get a plea ... not confirm my story. He allowed the inept record keeping of the Social Security Administration; an overly zealous federal investigator; and a prosecutorial rush to judgment; to present twelve good men and women with false evidence and testimony. Partial truths that could only lead to a guilty conviction. And that's what they did ... found me Guilty. Now I'm facing a five year prison term for a crime I did not commit. Suspiciously after my conviction, the original bank records that prove my innocence is discovered. Bank records that show my mother was receiving social security payments as early as Oct of 1993. Records that show, payments were coming by direct deposit while my mother was still alive and confirm the fact that I never changed anything, simply stepped into her shoes after her death and continued the process she had set up. Those bank records further show, the social security department, not only knew of my mothers death, but they even subpoenaed the bank for and received the return of two checks in Feb of 94. I truly underestimated the power of the government. The prosecutor fought tooth and nail to insure my conviction was not overturned. The only thing a prosecutor hates worse then loosing a case, is having one overturned. They would not even let my evidence into court. The judge blamed my public defender. It was his ruling that my attorney should not have let the trial go forward in the first place knowing their was missing bank records. Rather then seeking that the truth be reveled to the jury in a retrial he chose to publicly chastise my attorney. Like most people caught up in the system, I could not afford a private attorney. They wanted $10 to $30 thousand dollars to represent me. I thought, the government would provide me with adequate legal representation. After all my public defender was experienced, knowledgeable and learnit ... he just couldn't fight the power of the State. I'm not saying that the criminal justice system is patiently unfair to minorities and poor people but that race and class does play a factor in all phases of the decision making process. Their was a rush to judgment in my case from day one. It is illegal to lie to a federal investigator but it is legal for them to manipulate, trick and lie, to you! As Supreme Court Justice Ruth Bader Ginsburg, stated this year in the appeal case for Delma Banks Jr.; A defendant, she wrote, is entitled to presume that prosecutors' representations are not lies: "A rule . . . declaring 'prosecutor may hide, defendant must seek,' is not tenable in a system constitutionally bound to accord defendants due process. . . . The U.S. Supreme Court is currently reviewing the law enforcement practice of manipulating information gained in a Non-Custodial interview as a pre-arrest confession. Think about it ... Why Do We Have Maranda Rights! Yes, I received the money and yes, I spent it. I truly believed the money was intended for my grandmother and/or aunt. Out of the hundreds of check written over an eight year period, less then 20 of them were written to me. All the checks were written to cover general expenses such as the mortgage, utility bills, etc, etc. I never forged anything/misrepresented anything/or filed a false report. The evidence presented against me was circumstantial, at best, and full of errors. Believe me when I say; "there was never any criminal intent to steal or convert social security money paid on my mother�s behalf". I take full responsibility for the accounting errors made in the administration of my family trust account. I should have been more attentive; asked more questions; did more follow-up; but I am not a thief or a liar. I have worked all my life to be a productive citizen and example to the community. Now I'm turning to you, the court of public opinion, My trial is now a matter of public record. You can check it out for yourself. I'm asking you to look at the facts and see if I'm not telling the truth. I need your help now to show the judge I'm a worthwhile person and productive citizen. Here is a draft letter requesting the Judge to show leniency in the sentencing phase of my trial and not send me to jail. The attached draft talks about how long you've known me and the good work I've done for the online community. It speaks to my integrity and character. It is meant as a guide for you to follow and put in your own words. Please email or fax to my public defender as soon as possible, in order that I not be imprisoned. Here is the contact info; MAIL/SEND TO: Humberto Diaz, Esq <Humberto_Diaz@fd.org> Federal Public Defender 321 E. Second Street Los Angeles, CA 90012 (213) 894-2854 (213) 894-0081 Fax Thanks for all your support. I'm working on taking this public. Please forward this web page to your local media contacts and network of online friends. I've created an online petition that hopefully will show hundreds (if not thousands) of netcitizens speaking out on my behalf. Lastly, please donate to my legal defense fund so I can afford to retain a private attorney, who specializes in federal criminal law. Anything you can think of to help will be greatly appreciated. Peace and Gods Blessings,
Jim Neusom Click Here For Attached Draft Letter
Please Donate To My Legal Defense Fund By Clicking On The Button Below
Please Sign The "Justice For Jim Neusom" petition By Clicking On The Link Below http://www.petitiononline.com/JIN/petition.html
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