bookmark_borderThe Injustice System

Exoneration projects prove our justice system has an epidemic of bad prosecutors. So the POS responsible for my illegal conviction is not a minority, but perhaps the majority.

Regardless, the Eighth Circuit rejected my petition (26-1808). I’m sending a “Motion for Clarification” today, but they’ll probably ignore it. So I feel that I should NOW explain why §2255(h)(1) is deeply unconstitutional.

FYI, a §2255 petition is one of the last ways a federally convicted person (like myself) can ask a court to fix a wrongful conviction. But since I have already filed a §2255, the rules for a second petition become much harder thanks to AEDPA. Under §2255(h)(1), I have to prove that I’ve obtained “new evidence” that proves that no reasonable person could still vote to convict me.

That sounds fair in theory, but in real life scenarios (like mine) it can become a HUGE unconstitutional obstacle. If (as in my case) the government hid evidence and someone (like me) only later got access to records that prove the case was built on lies (which I have done), the court can still refuse to grant the petition. Thus, I end up in a “procedural trap” because the evidence came too late, even though it proves my conviction was wrongfully obtained.

In other words, §2255 cares more about finality than truth. That means that even though I have irrefutable proof of serious wrongdoing, I still may not get a real chance at exoneration. If you’re a normal person -outside our corrupt judicial system- that is obviously ridiculously unfair.

So, at this point, my hopes rest in the WDNY court doing the right thing and un-redacting the email in Exhibit H. Since the 8th Circuit doesn’t have to tell me why they rejected my petition (thus my motion for clarification), I have to speculate. I’ve determined (with the help of AI and AUSA Tessie Smith’s perjurious response) that they justified the denial on their opinion that: “the petitioner relies on redacted FOIA documents (e.g Exhibit H) to allege unconstitutional collusion between the government and his defense team. Speculation regarding what the un-redacted documents might contain does not meet the clear and convincing evidence standard required to overcome the government’s presumption of regularity. Furthermore, allegations of attorney collusion must be proven concretely. Therefore, this Court will not overturn a conviction based on documentary inferences; the petitioner must prove the collusion through concrete evidence and the redacted documents do not meet this standard.”

If this makes you say “this shit is crazy!”, you are a sane person. The government has redacted the information that will get my case overturned. Talk about a conflict of interest! Speaking of conflicts of interests, would you be surprised to learn that Jospeh Leo Howard is in possession of an unreacted copy of Exhibit H? You shouldn’t be because he has (as documented on this blog) refused to supply a single page from my case file AND the Nebraska Counsel for Discipline has also failed to provide me with any acknowledgment of my complaint against him for not providing me with my case file. You should also not be surprised that my case file also contains emails from me to him on July 30, 2015 ordering him to prepare for trial. Proving that he went behind my back to negotiated a conditional plea with POS Becker without my permission. Worse, an email I got from the public defenders office proves that Howard and my public defender (who I trusted in 2015) conspired on July 30, 2015 to coerce me into taking that unauthorized conditional plea.

Howard is also in possession of emails (starting on August 4, 2015) proving that I wanted him to file paperwork to withdraw my plea. Howard ignored my requests from August until November, when he negotiated with POS Becker to do a “reverse proffer” to convince me not to withdraw my plea. When I arrived for the proffer, Joe thanked him for doing it and Becker replied “Sure, we have nothing to hide” That is when I knew Becker was lying. I just glowered at Becker during the proffer, Joe was like “could you try to hide your disdain for him a little?” I said “NO!” But after the proffer, Howard still refused to file the paperwork to withdraw the plea and only did so after I wrote the judge indicating that I didn’t trust Howard or POS Becker.

As this blog documents, during my incarceration in 2016 to 2018 I realized that I had been railroaded. Joe refused to provide me with my case file while incarcerated because it was “sealed” and I’m pretty sure he didn’t give Megan the whole file (but I’ve written that her former firm is also uncooperative). HUGE SIGH! Anyway, the bottom line is that I need un-redacted exhibits to win.

bookmark_borderLLMs are not Artificial intelligence

As I wait for the Courts to rule on my two petitions (Habeas & FOIA) my thoughts have turned to this enormous AI bubble that is about to burst. First, it’s important to understand that LLM’s are not AI. As the link points out, AI would mimic the intelligence of a specific animal, for example – a DOG. Thus, if a computer could mimic the intelligence of a dog, it would be DOG Artificial General Intelligence (AGI).

As I love dogs (except for their poop) I would love an AGI android dog in the form of a Corgi. And I would bet that there would be a HUGE demand for such an android Dog. So why don’t we have one? Because an LLM can never achieve DOG intelligence.

A very simplified explanation of what an LLM does is best explained with a numbers example. I’ll call it a large number model or LNM. I train my model on the counting number set, say up to 1 billion. So my LNM knows that the counting set starts with 1 and ends with 1 billion. So when you ask it “What number comes after 300,207?” It easily returns the answer “300,208”. But if you ask it ‘What number comes before 1 or after 1 billion?” – it will make something up. This is what they call a hallucination. When a model doesn’t know something, it will make the answer up, from its knowledge base. In this over-simplified case my LNM’s wrong answer will be from its dataset (1 to 1 billion).

In this context, you can fundamentally understand what a LLM chatbot like ChatGPT is doing. Large Language Models are essentially just next word predictors. (Like your phone does when it tries to autocomplete words for you.) Although, a LLM is that system on steroids. Which is fine, until you understand the costs behind that chatbot writing those words back to you.

And that’s why the AI Bubble will pop, because of the unsustainable costs of keeping it running. Note I’m not saying it’s going to go away, I think Google & Microsoft will keep it around in some form, but an LLM will never achieve DOG AGI because it cannot. But this research may at sometime in the future lead to my dream of a droid Corgi.

bookmark_borderOur BUBBLED President

As I’ve noted before our president is a clown. According to the most reputable polling organization, a majority of Americans agree with my assessment with just 34% approving of the clown’s performance, which meets the record he set in 2021. Biden was at 40% and Barack Obama was at 59% when they left office. The Orange Clown has “good” company in the below 40% club, see the numbers here.

Also, only a bubbled clown would attempt to construct all these monuments. It’s like he cannot comprehend that the majority of US hate him, and therefore, everything is going to be destroyed after he leaves office. (That will occur in 2027 if the dems get the Senate and it looks like they’re going to…)

America 250 was hijacked by the clown’s Freedom 250. According to all the acts that cancelled and the whistle blowers involved in fund raising. It looks like Freedom 250 was cosplaying as America 250 causing serious confusion and possible wire fraud. But I am a fireworks fan, so I muted the clown’s speech and enjoyed the ridiculous fireworks show (although I liked NYC’s better). I thought the grand finally to Miley’s ‘Party in the USA” was awesome (but I’m 99.9% sure that she would NOT agree).

Happy Birthday America!

bookmark_borderFrom Bad to Worse

As I noted a few weeks ago, the new Comey prosecution isn’t worth the paper it’s printed on. Then we had the ridiculously corrupt prosecution of the Broadview Six. Now, – this week – we topped off the prosecutorial misconduct with charging a guy for pulling debris from an algae infested “pool”.

Sadly, this kinda prosecutorial misconduct at the DOJ isn’t new; but – like everything else -, the current administration has put it on steroids. Which I guess is a good thing, the corruption in my case was easy for the Courts to ignore (hopefully they’ll finally correct that). But this blatant corruption on steroids is simply impossible to ignore. I suspect an AUSA is going to loose their Bar Card over this nonsense eventually. I know I hope Keith A. Becker does.