The basis for the first ground is the recent finding by the Office of Internal Affairs of the U.S. Bureau of Prisons that the psychiatrist who evaluated Petitioner prior to his guilty plea, Dr. Thomas Patenaude, falsified the records of at least four federal inmates "to make it appear he met with inmates when in fact he had not."
See pages from 2003 8 27. Matz knew. And covered up #5. Me.
Two mentally disabled Mexican immigrants, facing deportation for criminal assault convictions for which they have already served their time, continue to be held in detention facilities in violation of their constitutional rights, according to separate lawsuits filed in federal court.
Jose Franco-Gonzalez, 29, of Costa Mesa and Guillermo Gomez-Sanchez, 48, of San Bernardino have languished in detention facilities for years because authorities deemed themmentally incompetent, their attorneys said.
Their deportation cases were closed in 2005 and 2006 and the men have since been forgotten, shuttled through a network of jails, psychiatric hospitals and detention centers, the lawyers said.
"This represents a massive failure on the part of our immigration system to create procedures to deal with individuals with disabilities," said attorney Talia Inlender of Public Counsel, one of a coalition of legal advocates, including the American Civil Liberties Union of Southern California, which filed the habeas corpus petitions last week.
"And in the year 2010 we're still trying to figure out if you've got a lawyer that's going to be okay for you the way you see it. That's not going to happen because at some point I have the power and "the obligation" to find that you have waived your right to have a lawyer represent you. And then you're going to trial on your own. But either way, you're going to trial!" ~Judge A Howard Matz, 01.14.2003 Pretrial of Killercop.
The Judge in this case, A. Howard Matz, was to later that year learn, in a personal letter from the Warden, that the defendant's accusations on August 27, 2003 were true. But he would move forward with the trial, regardless!
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