Friends of Justice is a personal blog. Here I speak only for myself.

Why Senator Kennedy's Serious Illness Scares the hell out of me.

May 20th, 2008

Two words: Martha Coakley.

When John Kerry was running for President four years ago, Coakley made it clear that if he were elected, her black conical hat would be in the ring for Kerry’s Senate seat.

And now Kennedy may be forced to give up his.

Coakley seems to think that her deficiencies of ethics and morals are compensated for by her ambition.

I want to beg even the atheists and Republicans among you to pray for Kennedy’s complete recovery.

-Bob Chatelle

Friends of Justice is a personal blog. Here I speak only for myself.

A Plea From Carol Hopkins

May 18th, 2008

When I first got into the justice-advocacy business, one of the first people I encountered was Carol Hopkins. Recently, Carol sent me the following email and asked me to post it to this blog:

Dear Friends of Justice,

As most of you know I retired 10 years ago from the “injustice business.” I have only come out of seclusion a few times on very special cases. Fortunately, in each of those cases the unjustly accused and convicted had a quick release. This time I am writing about a case that desperately needs your help. It is in the process of reversal; the court has “found good cause to reverse” Dr. Dubria’s donviction. The case is in the process of being briefed prior to ordering an evidentiary hearing. I have absolutely NO doubt the case will be overturned but time is of the essence.

Dr. Sam Dubria’s mother and father are in their late 80’s. Lourdes Dubria has recently undergone chemotherapy for breast cancer. His father, Pat Dubria, has been nearly blinded by a stroke several months ago. Despite their age and fraility, they are still working full-time to pay the attorneys working for their son’s freedom. Dr. Sam needs to come home and be with these wonderful people in the last days of their lives.

While Mr. and Mrs. Dubria have been working in what should have been the retired years they enjoyed their grandchildren, the San Diego District Attorney’s office has hidden, and perhaps destroyed, files, delayed and continued at every opportunity. The original DA on the case is now a sitting Superior Court judge. He has filed a declaration claiming t he provided Brady evidence to the defense at the time of trial that was, in fact, never provided, never bate-stamped, and not in the district attorney’s own case file. There is no element of this case that is not tainted. It is only attorneys Tracy and Thor Emblem’s persistence, perseverance, and obsessive attention to science and detail that has resulted in the current order.

For full details on this case, please go to http://www.free-drsamdubria.com/.

There is a petition to sign on the website. Please take the time to do so. It would be helpful if you forwarded the information on to those in your address book who you think would be interested and take the time to sign.

If you would like to be kept informed about this case, please write back and I will put you on the Sam Dubria information board.

If you would like to help in some way, please let me know. We particularly need help in the San Diego area reaching out to the media, clubs and organizations to inform them about the case. It is my hope that District Attorney Bonnie Dumanis will drop the case and let Dr. Sam go free before, or soon after, the July 16 hearing but we need to be prepared to apply political pressure if she does not. Continuing to hold an innocent man is a political decision; we will need a political solution.

A thumbnail sketch of the case follows.

Seventeen years ago, a young Filipino-American, Dr., Sam Dubria, was convicted of murder with special enhancements for rape. He was sentenced to life without parole.

The facts of the case are that Dr. Dubria and his long time friend, only recently a romantic friend, Jennifer Klapper were vacationing at a hotel in Carlsbad. They had spent several nights before with the Dubria family in Glendale. Dr. Dubria had just finished his residency in gerentology and this was a celebratory trip.

Jennifer had a long medical history of health problems with multiple trips to the hospital for arhythmia, severe headaches, nausea, dizziness. She was approximately 25% below recommended body weight at the time of her death. Those records were received by the Deputy District Attorney during the trial but never provided to the defense. Instead, Deputy DA Casserly argued in closing that Jennifer was a perfectly healthy young woman knowing that she had this history. These medical records were only discovered within the past two years by Tracy Emblem, the same appellate attorney who did the Ken Marsh case.

The Deputy DA’s theory of the case was that Dr. Dubria chloroformed Jennifer, raped her, she died and he then tried to cover it up. There is no evidence for any of the above. There is evidence that there could have been some contamination in the Medical Examiner’s lab. There is also evidence that the Medical Examiner changed her testimony to fit the DA’s theory of the crime. At the time of autopsy she explained the abrasions on Jennifer’s face as the usual result of paramedic intervention. At trial she testified that the abrasions were as a result of her attempts to ward off a rape.

There is much more on the website. This is a far story than any CSI could imagine.

Carol Hopkins
61-840-5154

Friends of Justice is a personal blog. Here I speak only for myself.

The Triumph of Greed

May 16th, 2008

Dear Friend of Justice,

I am posting this for a number of reasons. First of all, I have a pressing need to get a few things off my chest. Second, we need to ask for help. And third, I think the post is relevant to the concerns of this group.

The building where Jim and I have lived for twelve years is in process of being sold. To find out about the buyer, check out these links:

http://local.yahoo.com/details?id=25783461

http://boston.citysearch.com/review/4743088

http://www.insiderpages.com/b/3715334649

Our building used to be a limited-equity housing co-op. We were able to buy a share here for perhaps 10 percent (or less) of what it would have cost to buy a comparable condominium. Our monthly carrying charges were low. But the value of our share would only increase by a few hundred dollars per year. And we could only sell that share back to the co-op. The intent was to keep out speculators and preserve affordable housing here indefinitely.

Unfortunately, the speculators were not kept out. Ultimately, they destroyed the co-op.

Geese that lay golden eggs have a very short life expectancy.

Because our housing costs were so low, Jim and I were able to work less than full time and devote a great deal of time to our criminal-justice work. Had we not moved here, for example, we could never have done our work for Bernard Baran.

The trouble began not too long after we moved in. Some of us had legitimate concerns about the condition of the building. We wanted to identify necessary repairs and do them. So we hired an excellent engineering company who did a good study. They told us what we should do immediately, what we should do in a few years, and what we should do eventually.

Unfortunately, we didn’t have sufficient reserves to pay for all of this. One way or another, carrying charges would have had to go up a bit.

At this point one of our members sold us the Brooklyn Bridge. She had “found” an architect who would do his own study and also the necessary work. The total fee would be less than our reserves. Carrying charges would not go up a penny.

So our Board bought the Brooklyn Bridge and persuaded the membership to go along. The member was hired to “manage” the project.

It was never disclosed that the architect was the member’s former business partner. Nor was any of their less-than-stellar joint resume ever shared.

The project was a debacle. Our lives were disrupted by the “repairs” for almost a year. The money finally ran out. The building was in worse shape than when the “repairs” began.

The Board hired an engineering firm to evaluate the work. Their scathing report was kept secret until it was finally leaked years later.

The Board, by the way, is a three-member body that meets in private and doesn’t publish minutes of meetings. But it later became known that the Board declined to take legal action against the member and her partner because they didn’t want to sue a member. In my opinion, it would have been more appropriate to press criminal charges.

The social fabric of this co-op was destroyed by this fiasco. But things were relatively quiet for a few years. Tense, but quiet. And then some members decided that we should go condo.

The membership as a whole wasn’t interested. But there was a consensus that we should again look into the building’s problems — which still existed — and create a plan to address them.

The person responsible for the previous repair fiasco soon allied herself with the condo people. I will just refer to this faction as the Greed Party. Their initial objective, it appeared, was to tear-down the building and build luxury condos.

The Greed Party first tried to convince the membership that the building was in horrible shape, that it was dangerous, and that our lives were in danger if we continued to live here. A consensus was reached that we should hire experts to look at the building and advise us of our options.

Since the Greed Party wanted teardown/rebuild to be one of the examined options, we hired an architectural firm, not an engineering firm. The architects found many problems, including code violations. And we discovered that if we tried to fix the code violations, we would trigger a threshold that would require us also to make the building handicapped accessible. Among other things, we would have to install an elevator. Repairing the building was proving to be an expensive option.

Once the study was done and the Board had been informed of the code violations, the Board was forced to act. And if they did not act, the Greed Party could call in building inspectors. The Greed Party could now use blackmail to get its way.

The Greed Party began pushing the idea of selling the building. “We are sitting on a gold mine,” one of them was overheard saying at a local restaurant.

Having convinced most of the membership that the building was in such sorry shape as to be worthless, it now set about convincing the same people that they were sitting on an extremely valuable piece of property. Throughout the rest of the process, the Greed Party kept making both of these contradictory arguments, depending on their immediate goal.

There were some of us who felt the building could be saved with help. My neighborhood has an excellent non-profit Community Development Corporation that was interested in preserving 46 units of affordable housing in this neighborhood. They also had access to several million dollars of “inclusionary funds” (funds escrowed by developers to subsidize affordable housing) that they wanted to invest to save the building. The CDC, not surprisingly, was anathema to the Greed Party.

The Board decided to hire a “development consultant.” Many of us wanted the CDC to be at least considered for the position. The Greed Party lobbied against the Board even sending the CDC a request for proposal (RFP). Finally, the RFP was sent and the CDC came in with by far the best proposal. But the Board hired instead a huge real-estate firm. Their $40,000 report turned out to be nothing but a set of not terribly helpful PowerPoint slides.

And so it went. The full story would take tens of thousands of words. Some of it is quite incredible. But I will spare you the gory details.

In the end, those of who cared about affordable housing and the principles of a limited-equity co-op were crushed by those who cared only about selling to the highest bidder — regardless of who that turned out to be. The welfare and future of the neighborhood did not even appear on their radar screen.

One might think, at least, that the new owner will have to fix the building’s problems — at least the code violations. I am positive that this will not occur. Nothing of the building’s problems was disclosed to prospective buyers. (This is quite legal.) Buildings are often sold “as is.” In these cases, the buyer usually stipulates a due-diligence period so that he or she can bring in experts to examine the building and adjust (or withdraw) the offer depending on their findings.

But the purchaser of this building waived due diligence. He doesn’t want to know about the building’s problems. If he knew, he would be obligated to fix them.

Does the Greed Party in fact believe that this building is dangerous? If so, it doesn’t bother them in the least that future tenants might be risking their lives by living here.

That’s not their problem.

If Jim and I were in a better financial position, we would just use the money we get from the sale to further our work. But we can’t afford to do
that.  We have no assets and we have little income. Without my social security, we couldn’t get by at all. The money we will receive is dirty money. It is worse than tainted. But if we don’t accept it we would end up living in a shelter.

When it comes to real estate and managing money, we are babes in the woods. We haven’t worried about money management because we had no money to manage. And we never thought we might be in a position where buying a place to live was an option.

That is why we need help. And we don’t even know where to begin looking for help.

Much as I hate Massachusetts, I think we have to stay here. Most of the prisoners that I am closest to are in Massachusetts. If I moved away, I could never visit or attend their court hearings. And our social network is here. We are just too old to start anew in a new place.

So if you have any advice — or know someone who might — please let us know.

The next few months will be months of upheaval. And the whole process of finding a place and moving will consume a lot of time and energy.

But my hope is that eventually the dust will settle and I can again turn my attention back to innocent people in prison who have suffered far more than I can even imagine.

In many ways, the members of the Greed Party remind me of those corrupt prosecutors who have done so much to destroy our criminal-justice system. If self-interest is truly the only thing that matters, then these people are behaving reasonably. They further their careers by winning cases. So what if this comes at the expense of innocent people too poor and powerless to defend themselves? Winning isn’t the main thing. It is the only thing.

David Capeless and the members of the Greed party would get along very well. They have so much in common.

And they have no comprehension of people like us. People who have values other than “rational” self-interest.

But self-interest is not rational. If unchecked, it destroys communities. And when our communities are destroyed, so are we all.

-Bob Chatelle

Friends of Justice is a personal blog. Here I speak only for myself.

Bee Will No Longer Visit His Mother

May 13th, 2008

DA David Capeless scored a major victory in his ceaseless battle against justice.

Bernard Baran’s mother has asked Bee not to visit her anymore.

Bertha explained to Bee that she has worked all of her life to make her home a safe place for her children. But she realizes that her home is not safe for Bee. Every time he goes there, the harassment gets worse.

She has been having nightmares since the police descended upon her last Friday.

I hope David Capeless is proud of himself.

-Bob Chatelle

Friends of Justice is a personal blog. Here I speak only for myself.

Another Massachusetts Outrage – Police Descend on Bernard Baran's Mother

May 10th, 2008

Dear Friend of Justice,

The Pittsfield police gave Bee’s mother a nice Mother’s Day present — they descended en masse, lights flashing, on her home at around eleven last night (Friday).

They pounded on her door, demanding Bee, claiming that they had a warrant for his arrest.

When they conceded to Bee’s brother that they in fact had no warrant, they were denied admission.

Judge Locke had issued Bee a court order giving him permission to visit his mother from yesterday through Monday morning.

No one bothered to tell the people who do the GPS monitoring or the Pittsfield Police.

One of the most amazing things about Massachusetts government is its gross incompetence — gross incompetence that extends to the highest levels.

John Swomley is working to get this mess straightened out.

But the state has accomplished its purpose. It has ruined Mother’s Day for one of the finest women it has ever been my privilege to know.

This is not the first time something like this has happened. Almost every time Bee gets permission to visit, the state does something outrageous. Bee and his family are the victims of the worst case of injustice I have thus far encountered. When will enough be enough?

May God damn the Commonwealth of Massachusetts!

-Bob Chatelle

Friends of Justice is a personal blog. Here I speak only for myself.

Bob Halsey Has Moved

May 9th, 2008

Dear Friend of Justice,

I know that some of you write to Bob Halsey (See http://members.shaw.ca/imaginarycrimes/halsey.htm)

Bob recently wrote to me to tell me that he has been moved. His new address is:

Robert C. Halsey
W-55045
Bridgewater State Hospital
20 Administration Road
Bridgewater MA 02324

At this time I don’t know the reason for the move. Robert is elderly and in poor health. I know that letters and cards are always appreciated.

-Bob

Friends of Justice is a personal blog. Here I speak only for myself.

Fight Fiercely Hahvud

April 29th, 2008

Dear Friend of Justice,

2008 is a reunion year for me. Until recently, I had been thinking about it as my 35th reunion. But I subsequently realized that it will be my 45th. (And I once was quite good at math.)

I generally don’t attend these reunions. But this year I did submit a class report. The text follows:

I last submitted a Class Report ten years ago. I also sent a copy of that report, as an introduction, to Bernard Baran, an inmate of a Massachusetts prison. I had been urged to contact Baran by a friend who was convinced that Baran was innocent. For some reason, she thought I might be able to do something to help him. Why she thought that, I didn’t know—I was not a lawyer or a person of influence. I was a computer programmer. (She later explained that she prodded me because she knew I was persistent. Stubborn may be a better word.)

Little did I then know that Baran and others like him were going to be my principal occupation for the next ten years. Currently, Baran is out of prison (under severe restrictions) because a judge granted him a new trial. The DA, however, has appealed the decision and the Appeals Court had a hearing in February. (For more information, see my blog (bobchatelle.blogspot.com) or the Web site of the Bernard Baran Justice Committee (www.freebaran.org).)

I could never have done the work for Baran and others without the constant help and support of Jim D’Entremont, my partner for the past thirty-eight years.

Through my work for Baran, I became concerned about others rotting in prison for crimes that they did not commit and the fact that there are really no organizations to help the overwhelming majority of them. The Innocence Project, of course, does wonderful work. But DNA is present in only a tiny percentage of cases.

So I founded another organization: The National Center for Reason and Justice (www.ncrj.org).

During these past ten years, I have become increasingly appalled by what I’ve learned about the American criminal justice system. It doesn’t work. And if you have little money and lack connections—if you are one of the “people who don’t count”—it really doesn’t work. The “people who count”—the wealthy and powerful—can hire the legal help they need to free them, even if they are guilty. The poor and powerless too often end up with lawyers who become their worst enemies. Justice—like education, health care, decent housing, freedom—is now a luxury, out of the reach of most Americans.

Once a conviction occurs, it is nearly impossible to get it overturned. We live under a government incapable of admitting error and that chooses instead to compound it. By relentless repetition, they believe that lies can be transformed into truth. But without a working criminal justice system, none of us can claim to be free. Even the people who count. Even the ones who went to Harvard — whose motto, I believe, is still veritas..

On a more personal note, I must confess that I am one of those many unfortunates who just don’t do well under capitalism. My current economic situation is very challenging. I had been deriving most of my income as a programmer from one client. And I made the mistake of outliving him. His widow took over the company on his death and she severely curtailed my contract.

I have spent several months looking for work. But I have an unconventional resume and my age works against me. I have applied everywhere I could think of, including temporary agencies and all five of the Starbucks in my neighborhood. In short, I am unemployable.

But I do receive a modest stipend from the National Center for Reason and Justice. And I have started to collect social security. So I hope to continue to scrape by.

Jim and I will also be losing our home. For the past years, we have been living in a co-op. But the membership has decided to sell the building. Currently, we have no idea where we will end up. But we certainly can’t afford to stay in Boston.

I have now been living free of drugs and alcohol for over a quarter of a century. I have not forgotten the empty, useless life I lived when I was a slave to booze. Working with our society’s victims is often extremely painful. But I prefer the pain to the spiritual pain suffered by all drinking alcoholics. Anything I may have accomplished, I could not have accomplished without my sobriety. I am extremely grateful.

Most citizens now live in fear. And our government works for the privileged few who own it. One person can do so little to change a corrupt and powerful system. I sometimes wonder if the struggle is worth the pain..

But I recently attended the memorial service for a friend, the novelist Ivan Gold. (A fellow recovering alcoholic.) During the eulogies, someone recalled that Ivan had once said, “If you die still trying to do what you believe is right, you’ve won.”

On that assumption, I will continue the struggle.

-Bob Chatelle, ’63

Friends of Justice is a personal blog. Here I speak only for myself.

Another Reason I'm Glad I Left the People's Republik

April 24th, 2008

Dear Friend of Justice,

It’s now almost twelve years since Jim and I were run out of Cambridge, Massachusetts. I have no desire to live there again, even if I won megabucks and could afford to do so. But I do return once every three months to have my teeth cleaned.

I arrived today in Harvard Square very early for my appointment. The sky was clear and the temperature was in the low 70s. It was a perfect spring day. I decided to stroll down Kennedy (formerly Boylston) Street to the river. But when I reached Memorial Drive, my enjoyment of the day was seriously marred. I discovered that that intersection has been renamed Scott Harshbarger Square.

The renaming, of course, had been done by God’s Chosen Few: the Cambridge City Council. Jim and I had lived in Cambridge a long time and I remember some past political achievements. With particular fondness, I remember the time that the city hired people to comb through its citizens’ trash, so that it might identify and punish recycling miscreants.

I am not surprised that God’s Chosen Few anointed Harshbarger: he has the reputation of being a great “liberal” — whatever the hell that means. But for me he just personifies the current moral and intellectual bankruptcy of the Democratic Party. (Note: I am not a Republican.)

Most of you reading this will have no problem remembering Scott Harshbarger. If you need your memory refreshed, here is a link to the text of a flyer I distributed many years ago before a Harshbarger speech: http://mysite.verizon.net/vzex11z4/hflyer.html.

To find out more about the Fells Acres (Amirault) case, follow this link: http://mysite.verizon.net/vzex11z4/amirault.html.

The influence of the Amirault persecution was felt not only in Massachusetts but also across the nation for many years thereafter. Many witch hunters, to this day, consider it a “model” prosecution, an example to be emulated.

Now I am fallibly human and make mistakes all of the time. I have never hesitated to forgive those who admit their mistakes. But Harshbarger has never apologized to any of his direct and indirect victims: the Amiraults, Bernard Baran, the Souzas, many others. The extent of the damage he did and the amount of needless suffering that he caused is anyone’s guess. But he has never admitted the slightest mistake. To this day, he persists in his Spitzeresque arrogance and hubris.

I cannot say whether Harshbarger is evil or merely stupid. And the fact that he went to Harvard rules out neither alternative.

Since he asks for no forgiveness, I shall give him none. But neither will I honor him. To honor him is to say that it is admirable to trample upon justice in pursuit of political ambition.

By choosing to honor him, God’s Chosen Few succeed only in bringing dishonor upon themselves.

-Bob Chatelle

Friends of Justice is a personal blog. Here I speak only for myself.

Going Home

April 14th, 2008


Dear Friend of Justice,

This Thursday, I will be getting up at the crack of dawn to fly to Brainerd, Minnesota. (That’s the town where the movie Fargo actually is set. And people in that part of Minnesota really do talk that way.)

My niece will be meeting my plane and driving me to my hometown, Aitkin, where I will be visiting my mother. She turned 87 in September. Her spirits are good, but her health has been failing her. She has been diagnosed with congestive heart failure and emphysema. How she got emphysema is a mystery: she has never been a smoker and has lived all of her life in rural Minnesota.

I treasure these visits. But I never know which will be my last.

My mother lives between two lakes and this is the time of the year when the ice goes off. I haven’t seen the ice go off the lakes since I was in high school, many decades ago. I plan to take a long walk every day that I am there. (I often spot an eagle in flight during these walks.) I particularly enjoy the walk to the little country church that my grandfather and great-grandfather helped build. They and many other family members are buried in the little cemetery attached to the church. This cemetery will also be my mother’s final resting place.

When I was a kid, I thought Aitkin, Minnesota was the most boring place in the world. I couldn’t wait to get away. It took me decades to appreciate it. I am now glad to have had a home town. Aitkin has shaped me in ways that I probably will never know.

A dozen years ago, I created this page about Aitkin. It includes material from the local newspaper, chronicling the year 1896.

You may be wondering about the picture above. It is a float from the world’s only Annual Fish House Parade, which takes place in Aitkin.

The struggle against injustice can be very dispiriting. Anyone involved in it needs periods of respite so that the soul can mend. I always return from these trips somewhat rested and refreshed. I will be back in Boston late on April 22nd.

-Bob Chatelle

Friends of Justice is a personal blog. Here I speak only for myself.

Innocence Project Petition

April 3rd, 2008

Dear Friend of Justice,

Today a subscriber emailed me a link to this Innocence Project petition, which I hope you will sign.

Massachusetts is one of the states that, disgracefully, has no DNA law.

Go to http://ip.convio.net/site/PageNavigator/947_Petition.

-Bob Chatelle