Contextualizing the Situation and Circumstanes
Nelson Mandela was known as a political dissident fighting against a state sponsored form of repression. Apartheid policies were institutionalized and undertaken through purposeful governmental actions. I find myself in a situation where the fundamental rights of the citizen as defined by the United States Constitution have been open and wantonly violated by the government at both the State and Federal level. This includes violations of the Fourteenth and the Fourth Amendment as well as a Colorado State Law whose violation is defined as a form of torture by the United Nations.
These factors considered, I find myself in a situation quite distinct from Nelson Mandela. Written laws are clearly supposed to grant protections in regards to these circumstances. This being so, I have attempted to seek rectification and remediation by contacting officials and organizations at the local, state, and federal level for several years. I thought based on the blatancy of their conduct as well as the ample and sufficient proof, that they would be willing to deal properly with the situation.
Below is a record of a few of the complaints I have filed. If these filings resulted in discourse with the organization the discussion is included. I do not have record of all of the complaints I have filed as many were not responded to. Several civil rights organizations, including the American Civil Liberties Union (ACLU), responded while I was incarcerated that it wasn't that I didn't have a case, its that they didn't have the time. This being said to someone who had been openly tortured prior to trial and had numerous Constitutional Laws violated with government records as proof.
Record of Complaints
This is a 3-page letter that I personally handed out to more than a dozen city halls requesting to have discourse regarding the issues contained within. I have also handed the letter out to various business owners, educational institionas, as well as churches, mosques, Judaic community centers, and other institutions of faith.
I filed a formal complaint with the Colorado Commission on Judicial Discipline. They are supposed to deal with ethics complaints within the judiciary. Contained are my discussions with the organization. They simply chose not to answer a formal legal complaint as a judical ethics organizatoin.
I've spoken with Senator Hickenlooper's office several times. Our discussions have ranged issues which include the incidence of torture, a threat of false arrest by a Denver District 1 officer, and also how a Denver District 5 officer openly admitted on camera to complicity within the department to violations of the law by law enforcement personnel. Last time I spoke with his office I was referred to his legislative team but have not heard back from him for some time.
As an alumni of the institution, I have attempted to have discourse regarding the incidence of torture and the constitutional law violations that took place. They have been unwilling to open discussions regarding these important issues though they have been informed of the situation. As supposed proponents of social and civil rights, I left a Gmaps review criticizing the institution for its silence and inaction.
I had recently read Dr. Martin Luther King Jr.'s "Letter from a Birmingham Jail" and was inspired to write a sort of reply with regards to the situation in which I find myself. I sent this letter to his son Martin Luther King III (though I incidentally referred to him as his brother in the letter). I haven't received a reply.
Some of the initial filings I placed when released from prison. I was less experienced and educated in the field of law at the time which limited my ability to properly define the violations I had experienced. (I did not learn about the Nelson Mandela Rules, etc. until after I had been threatened with false arrest by a Denver District 1 officer).
After I had been threatened with false arrest by the Denver District 1 officer I left voicemails with Denver Police Department's Internal Affairs division and also went to the Denver District 2 office to report the incident in person. That evening, within hours, I had an incident with Wheat Ridge police officers a few miles from where the threat of false arrest occurred.
At the start of this interaction with law enforcement I offered to leave the scene without incident upon their arrival. I also made clear I had no weapons and that I had a phone in my hand to record the incident. One of the officers stated during the incident that he had to write me a parking ticket before I could leave. As that officer went to write the ticket I placed my phone on the dash (which I verbally stated I was doing) as I was cursing about how I had been threatened with arrest within a Denver District Station hours earlier.
The second officer then demanded that I immediately get out of the vehicle. Agitated yet completely cooperative, I then opened my door. The officer then stated he was going to come over and pull me out of the vehicle if I did not get out immediately. I jumped out of my vehicle without shoes on my feet into snow, turned around to be handcuffed, and then the officers started pulling me forcefully to my knees though I was not resisting.
I was then put in the squad car and told they were going to charge me with assault. During this time another vehicle with an upper level officer showed up. They went from one charge of assault to a charge of disturbing the peace. I went to court and this was reduced further to a municipal parking violation for a fine of less than $100.
However, during the hearing I was informed that the officers had openly and blatantly lied in their statements and that they were attempting to use those statements as evidence in the court of law. The officers involved said that they had initially offered to let me leave the scene, that I had refused, and the ensuing situation arose from that. Untruthful statements made by officers in a court of law amounts to perjury. As mentioned, I initially offered to leave and the officer responded by stating he had to write me a ticket before I could leave. I filed complaint with the Wheat Ridge Internal Affairs division immediately after my court case ended.
The first filing is an acceptance letter from the department regarding my complaint and the second states that the officers involved were found guilty of departmental violations (though it does not state for what specific reasons).
I've filed complaint and spoken directly with the Colorado Attorney General's Office. These complaints include the incidence of torture, the threat of false arrest, and the ensuing situation that resulted with the Wheat Ridge Police Department. When I spoke with the office, I was informed that the Colorado Attorney General only deals with what are called pattern of complaints issues, rather than individual prosecution. This means that multiple complaints which demonstrate a pattern of violations of law must be submitted which are properly supported by sufficient factual information. However, this means that when egregious individual offenses are committed by law enforcement personnel (such as torture) that there are no means (special investigative committees, etc.) to address these issues.
I reported the violation of the Nelson Mandela Rules by the Jefferson County Sheriff to the International Criminal Court (ICC) located in The Hague, Netherlands. The ICC is supposed to serve as the judicial body for the United Nations. As the United States is not a member (though a signatory) to the Rome Statute, it is not obligated to abide by these laws. However, as a version of the Nelson Mandela Rules were adopted as state law, Colorado is bound to abide by these laws. Federal law, of course, still applies to the violations of Constitutional Law.