Judge J. Randal Hall Closes Case without Attorney General Olens' input

On June 3, 2016, Judge J. Randal Hall orders case 1:16-cv-00034 closed without Attorney General Sam Olens' input.  

On June 15, 2016, a representative from Sam Olen's office returned my phone call to confirm that their office provided NO INPUT regarding this case.  The representative suggested going through the 11th Circuit, but Michael C. Blocker says that the 11th circuit told him to go through the Federal Habeas process because of the missing trial transcripts and (unlawful) guilty plea.

Judge J. Randal Hall knew that Michael C. Blocker had filed previous habeas petitions over last several years when he granted Michael C. Blocker an opportunity to object to Magistrate Brian K. Epps' Report and Recommendation to deny Michael C. Blocker a hearing.  

In previous filings, Michael C. Blocker was not able to effectively present his defense.  Now, in 2016, he has been properly briefed on court errors surrounding his case, and he is now ready to present his defense:

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

 

CV 116-034

 

MICHAEL CHRISTOPHER BLOCKER,

Petitioner,

 

v.

 

FNU HALL, Warden and

SAM OLENS, Attorney General of the State of Georgia,

Respondents.

-------------------------------------------------------------

OBJECTIONS to MAGISTRATE JUDGE’S REPORT

-------------------------------------------------------------

 

COMES NOW Petitioner Blocker with objections to Magistrate Judge’s Report and Recommendation ordered April 18, 2016.

 

BACKGROUND

Pursuant to 28 U.S.C. § 2254 (b) (1) (B) (ii) circumstances exist that render such process ineffective to protect the rights of the applicant.

 

The Magistrate Judge’s Report and Recommendation Background statements are inaccurate/incorrect in at least two occurrences.

 

I.             Report states that Petitioner pled guilty to all three charges: burglary, kidnapping, and rape.

II.           Report states that Petitioner filed his first § 2254 petition on April 26, 2012. Blocker v. Danforth CV 112-064

 

The DNA Report from the Georgia Bureau of Investigations only shows an “external” vaginal (burglary) DNA match.  THE DNA Report does NOT show an “internal” vaginal (rape) DNA match.

 

DISCUSSION

Based on the sentencing transcript for case 2007-RCCR-00181, Document no. 1

I, Petitioner Blocker, had been found competent to stand trial, but I was incompetent to plead guilty based on being under the influence of medication.

 

THE COURT: Are you under the influence of any drugs, medicine or alcohol today?

THE DEFENDANT: No, sir. I take medication.

THE COURT:  Beg your pardon?

THE DEFENDANT: I take medication, but I don’t think it influences me.

 

No medical expert was present to confirm competency to plead guilty.

In addition, I never verbally stated that I committed rape nor kidnapping. 

 

MS. WRIGHT (A.D.A.): Judge, the Defendant would need to admit his guilt.  There’s a lot of if I did it in his statement. He would need to admit that he actually committed these crimes in order for the Court to accept his plea.

 

 

The judge then asked did I commit the crime. Again, while under the influence of medication, I assumed that the crime that the judge was referring to was burglary not rape. 

 

THE COURT: But he has pled guilty to the offense. You are pleading guilty to the offense?

THE DEFENDANT: Yes, sir.

THE COURT: And you admit that after hearing that testimony that you did it; is that correct?

The DEFENDANT: Yes, sir

 

This guilty plea was unlawful due to incompetency to plead guilty and never stating that I raped nor kidnapped anyone.

 

Furthermore, my first § 2254 petition was on December 16, 2010 Blocker v.  Danforth   2010-CV-2368 Lowndes County, Georgia.   Document no. 2

 

In addition, The sentencing transcript, Document no 1, p.10 mentions that a DNA expert from the Georgia Bureau of Investigations was never called during the prior  two days of trial.

 

MS. WRIGHT (A.D.A.): I believe that we do not need to go any further in establishing factual basis, as the Court has heard the evidence and the Court, of course is aware we would be providing a DNA expert from the Georgia Bureau of Investigation crime lab to indicate that there is a match to the defendant or his identical twin.

 

If the DNA expert had been called to the stand then the DNA expert could have explained the “burglary DNA match,” but the report did NOT support a “rape DNA match.”

 

 

CONCLUSION

Based on inaccurate BACKGROUND information within the April 18, 2016 Magistrate report, the DISCUSSION is MOOT as well as the CONCLUSION is MOOT.   This civil action should be GRANTED.

 

Michael Christopher Blocker

 

 

CERTIFICATE OF SERVICE

I certify that on or before May 21, 2016, I mailed/filed the foregoing via USPS to:

 

Attorney General Sam Olens

Office of the Attorney General

40 Capitol Square, SW

 Atlanta, Ga 30334

*end of text of document filed on May 19, 2016

Michael C. Blocker deserves a hearing in a different county.  Richmond County/Augusta, GA is incapable of allowing justice to prevail.  

Despite the "snail mail" of the State Prison System and the additional mailroom delivery challenges, Michael C. Blocker met the deadlines and provided credible instances of prosecutorial misconduct, but Judge J. Randal Hall only cares about covering up for his cronies.

#exonerateMichael

Without Knowledge: Destined to Repeat History

Photography by Benita Blocker, 2015

I completed a Black History Tour recently at the Latibah Collard Green Museum in Charlotte, NC.  Of course, I had never focused on African American Studies or Black History for most of my life, and I hated any type of history class.  My thoughts were "it's over; why do I care about it now?"

Well, fast forward 40 years to my present day world of 2015, and the little Black History that I did hear about is now repeating itself from 50 years ago as we saw militarized police in the small town of Ferguson, Missouri in 2014.  On top of that, slave labor only ended about 150 years ago for the USA. 

Many people think that we will never go back to slave labor, but think again.  What do you think the "prison system" is?  What do you think of correctional institutions?  Prisoners may not be "picking cotton" or "cutting cane" or toiling the land, but you must believe production and manufacturing is being exercised indoors where you can NOT SEE the "condition of the slaves."

Many people want to think that they are smarter and brighter than prisoners.  Unfortunately, politics, scandal, false witnesses, and outright "liars" can send innocent people to prison in a blink of an eye. Achieving justice in the American Justice system is a bonus that only prayers can deliver. 

But back to my Black History Tour,  I took a trip down the "underground railroad." I saw slave ship conditions.  I even learned about sharecropping for those freed slaves that did not want to move North and what G.A.P. stands for in the name of  the musical group "The G.A.P. Band."  Yet, the most valuable message from this Black History Tour is that if Blacks believe that their history started in America as slaves, then they are missing out on all the royalty from all the African history of "Kings and Queens" before the slave ships docked into America.

On a separate note about history repeating itself, consider the Carolinas Healthcare System nursing home that I worked as a hairdresser for several years.  According to the history that I know about it, the facility had independent contractors as hairdressers over twenty years ago, but eventually, created employee hairdresser positions in order to assist in keeping the facility hair salon running at a full-time capacity. Unfortunately, twenty years later with an almost completely new administration, no one knew the history nor the value of having employee hairdressers at an extremely modest pay.  So the facility under new administration eventually went back to independent contractors for hairdressers, and the facility hair salon began to remain closed as much as it was open.  If history continues to repeat, then in another 15 years and with another administration overhaul, then Carolinas Healthcare System may go back to employee hairdressers.  Only time will tell.

In the meantime, Black "folks" need to learn their African History and their Black American History.  The tour at the Latibah Collard Green Museum cost $7.00 USD at the time of publishing this article.  The tour is a good start to assist you on your quest for Black History.

Trayvon Martin Case: Similar to the Job Market

When it comes to "justice" and "arrests" and "restraining orders" and "communicating threats" - it is about "who you know!"

When it comes to the "job market" - it is about "who you know!"

Examples: 1) The Trayvon Martin case: An unarmed, lightweight young man is attacked during the night and fighting for his life required national organized rallies to bring a "White man whose father is a retired judicial officer" to even be arrested for murder. Zimmerman's father has judicial connections.

2) I had tenants threatening my life (i.e. Communicating threats) by voicemail and by text messages - and the court system tells me that someone else could have been using the tenant's phone. They would not be able to prove it was actually her communicating the threats. However, another associate of mine shared with me that they received a guilty sentence for communicating threats surrounding a "domestic" issue. My associate had more education than my former tenant, but apparently, I was not connected enough in the community to get my charges to stick.

3) I also have seen an associate of mine with "police connections" get restraining orders on their own mother-in-law.

So trust and believe that the court system can be massaged for you or against you.

As far as the job market, employers are now only posting half of their job vacanies.

Less postings mean less potential EEOC charges, and employers have the legal right to fill the unposted job positions with anyone they want - regardless of the person's qualifications.

So I suggest, that young people get an education in order to learn how to communicate and network. Their life and success could depend on it!