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

Slavery in America: Amplified in 2016

Charlotte, NC Courthouse Cafe Food Special

as pictured on June 7, 2016

The "Handcuff Special" (i.e. Hot Dog deal) floored me while I was recently visiting the Charlotte, NC courthouse. 

Am I the only one offended by the name of the food special?

Criminal attorneys often advertise on mass transit buses in Charlotte, NC 

pictured on May 23, 2016.

Does it make sense?  Can transit riders even afford lawyer fees?  Or maybe transit riders are probably repeat customers?  Either way, the judicial system does not add up to me unless it is "slave trading."

Bails Bonds company, law offices, and mass transit stops 

conveniently near the jail entrance 

in Charlotte, NC as pictured on June 7, 2016.

The slavery system is well organized in 2016 in the United States of America.  

Can you see it now?

Burglary charges

Ridiculous!  If a burglar had thousands of dollars to pay an attorney, then why would the burglar steal anything in the first place?    It does not add up to anything but a slavery trap.

Drug charges

Youths are presented with earning $500 a day "working the streets" or earning $500 every two weeks working 60 hours in food service.  Well, neither one of those choices sound like a clear choice, but there is a long line for the interviews for the six figure salary positions so they choose one.  Which one would you choose?

Legal work opportunities that meet survival needs are hard to come by without a criminal record and with a college degree.  With a criminal record, repeat offenders are produced directly because of exclusion that happens everyday in America.  The slavery trap continues.

Donald Trump versus Hillary Clinton  

Race for President in 2016

Donald Trump has been described to have tapped into a "reservoir of racism" in his Presidential run according to social media.

Hillary Clinton, wife of Bill Clinton, carries the burden of correcting of her husband's 1994 crime bill that increased the number of "life sentences" issued.  Life sentences equal slavery, and "husband and wife" are as one. So the Clintons lead an increase in "slavery" in America.

These are our choices for President of the United States of America in 2016.  

The reality is that America has already returned to slavery days.  Step out of your private cars, your private houses, your private garages and actual look at the real 

America 2016.

Slave America.

My Slimming Body Secrets for Summer 2016

Slimming Secret #1:  Bodyshaper!

Finally, I no longer have a "muffin top" so the body shapers "suck" it all in comfortably. They feel great.  They look seamless. I keep a top version and a bottom version handy. I only wear the bottom body shaper with dresses. 

If you are too big for a body shaper, then you will see a muffin top or less desirable results.  If this happens, then lose some inches and try again the next month.

Slimming Secret #2:  "Protein soup" and "Mixed" vegetables as a snack!

HerbaLife soup has 16 g of protein and only requires one to add hot water. I love it along with the "Garden of Life" green powder that one adds to juice.  This combination is a great, quick, and healthy late night snack.

Slimming Secret #3: HerbaLife protein shake and either a Lean Pocket or a protein bar for breakfast!

This combination is just enough to help shrink your appetite and still feel fulfill.  It is working for me.

EmpireFox: Skeletons Overflowing in the Lyons' Den

In my hair salon is where I saw the Empire Fox TV show soar in its first season.  Clients of all ages including those in their 50's, 60's and up, just were addicted to the Empire Fox series.  Watch parties with cocktails whose names were Empire inspired were all the rage. Empire Fox was a phenomena.

Now, a year later, the same show reportedly still maintains high ratings, but the addiction to watch it in real time has significantly curtailed. So I pondered why?  I started to reflect on the reasons people were drawn to the show initially.

So in Season 1:

1. Everyone wanted to know whether Lucious was going to commit to "Boo Boo Kitty" or "Cookie."
2. Everyone viewed The Lyons like the modern yet urban "Jeffersons" that finally "moved up and got their piece of the pie."
3. Everyone wanted to know who was going to inherit the Empire from Lucious.
4. Everyone knew that Lucious did not mind getting his hands dirty.
5. Everyone knew that Lucious always stayed three steps ahead.

Now

1. Everyone knows that Lucious is not committed.  He can not be trusted to just settle down with one woman.
2. Everyone knows that the Lyon Family has skeletons literally and figuratively speaking stockpiling in a closet that they can barely keep shut.  Dysfunction and scandal is a common thread running through the Lyon family.
3. Everyone knows after Jamal took a bullet for his dad, he will forever be the successor to the Empire.
4. Everyone sees that Lucious now calls the hits and let lawyer Thirsty manage the executions.
5. Everyone is amazed that Lucious is constantly reacting to legal shakedowns, Grand jury indictments, and a "shotgun" wedding officiated by his own son.

In the future, we can only hope that Lucious can do less "shot calling" and stay a few more steps ahead in order to return Empire back to their "winning formula."

DNA Expert NEVER testified in 2008 Walton Way rape case

According to the sentencing transcript on page 10,  Assistant D.A. (now, D.A.) Ashley Wright states:

MS. WRIGHT:  I believe that we do not need to go any further in establishing a factual basis, as the Court has heard the evidence and the Court, of course, is aware that 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 identifical twin.

NOTE:  Daniel J. Craig was the D.A. on this case.

*********

So, in the first two days of the 2008 Walton Way rape trial, the DNA Expert from the Georgia Bureau of Investigations NEVER testified.  Why?  A life sentence for a "non-violent" man was on the table, and the most important piece of the case, the DNA Report, was NEVER confirmed by a DNA Expert.

There was a "burglary"/external vaginal DNA sample taken, and a "rape"/internal vaginal DNA sample taken.  NO "rape" DNA match was ever reported.  If the DNA Expert could have testified, then maybe that person would have better explained the DNA Report and how to read it when you have burglary and rape charges STACKED within one case. However, none of this happened.  The State relied on its own limited understanding of how to read GBI DNA Reports.

In addition, in my opinion, most people would probably find it hard to believe that a burglar with his hands full of stolen goods would put all the money, jewelry, and coins down for a quick one minute rape, but the lawyers in this case apparently felt it made sense.

Again, burglary is wrong.  

Stealing is wrong. 

False witnessing is wrong. 

Railroading defendants with crimes that they did NOT commit is wrong.

#exonerateMichael

Sign the petition

https://www.change.org/p/nathan-deal-hold-widely-respected-judge-danny-craig-accountable-for-framing-michael-c-blocker?recruiter=532225508&utm_source=share_petition&utm_medium=copylink?recruiter=532225508&utm_source=petition_show&utm_medium=copylink

Paperwork Continues to Support an Unlawful Guilty Plea in Augusta, GA

This letter dated Wednesday, January 30, 2008 says:

Mr. (Hugh) Hadden:

Would you please send me a copy of the plea I signed on the 16th of January as well as some information or what I need to do to try and get my time reduced if possible. 

Sincerely, 

Michael C. Blocker

An associate with Al Sharpton's National Action Network stated to me that after a plea is signed, then the defendant should get their carbon copy of the document immediately.  So for Michael C. Blocker to request a copy of the plea in this letter(above) written after arriving at the prison as well as mentioning in a separate court hearing that he did not remember seeing anything about a life sentence on any paperwork that he signed, continues to support my December 2015 theory that the State altered the guilty plea after Michael C. Blocker signed it.

Since burglary was the first count on the indictment, and burglary was consistently listed first throughout the guilty plea, it is a reasonable assumption to think that the guilty plea only showed twenty years for burglary when Michael C. Blocker signed it.  Then "NO CARBON COPY" was given to him because the "guilty plea" was probably altered after his signature to include a life sentence for rape in which he adamantly denied.  He had sat in jail for a whole year prior to the trial because he refused to plead guilty to rape.

Overmedication, ineffective assistance of counsel, and conspiracy contributed to the false imprisonment of Michael Christopher Blocker.  I started a "change.org" petition that is focused on preventing anyone else from having to suffer excessive sentencing under "a man without mercy," and to release Michael C. Blocker as soon as possible.

Please feel free to sign the online petition here:  https://www.change.org/p/nathan-deal-hold-widely-respected-judge-danny-craig-accountable-for-framing-michael-c-blocker?recruiter=532225508&utm_source=share_petition&utm_medium=copylink

#exonerateMichael  

Introducing Michael Christopher Blocker and Why I'm Fighting for Him

Michael Christopher Blocker in his younger days. 

Me:  (cousin) Michael, I have been told that you were a bit of a hellraiser on the streets.

Michael:  Well, Cuz, that was an understatement. (and he goes on . . . .)

But on a separate note,  I have been told:  "If you can not be good, then be good at it."

The reason why I started this article in this format was because some people still want to judge Michael by his past.  He has matured.  People need to know that.  Sometimes people in general need a little extra time to pull their act together. It's life.  However, they do not need to spend the rest of their life in prison to pull their act together.  Especially not, under false imprisonment.

Now, people probably may ask, why do I have a "dog in this fight?" 

Well, it all began in December 2014.  My dad took me to see my uncle Henry (Michael's dad) who was in specialty care.  My dad was very concerned about his brother's health.  This concern had a domino effect on me.  I was concerned about my dad and my uncle.  It was also on this visit that without my uncle uttering a word, he commissioned me.  Commissioned me for what?  I did not know,  but I knew that he was fighting for his life. Then when he passed six months later, and I did not see Michael at the funeral.  I knew Michael was born, but his name was not brought up besides being listed in the obituary.

I began looking for Michael online in September 2015.  I knew that both of his parents had died, and it seemed like Michael was non-existent. As many of you know or do not know, I have a computer science/software engineering background.  It was my first career. The hair industry is my second career.  I am an honors college graduate. (i.e. I earned all of my degrees.) I saw quite a few cases online where Michael was trying to accomplish something.  I decided to reach out to him with a simple one page letter, and a four page letter came back. His fight became my fight at that point.

There was nothing that made any sense about his trial, sentencing, nor guilty plea for a life sentence.  After reviewing the facts surrounding the case, the burglary was the only thing that was obvious.  Rape and kidnapping seemed far fetched to me.  Then when I received the DNA Report from the GBI and realized that they did not even have a "rape DNA match," I could not believe that he was used as a scapegoat for others to get promotions during the 2008 election year.

But, after reviewing some prominent Augusta, Georgia cases such as the "counterfeiting Masters badges case of 2001/2002," sentencing in Augusta, Georgia has been described as a "confluence of power and privilege" according to Michael Bamberger of the Sports Illustrated Vault.  District Attorney Daniel J. Craig  was also associated with James Lee Davis' case netting in a 30 year sentence for "bogus Master's badges."

Excessive sentencing may be common in Georgia, especially, Augusta, GA, but Michael's life sentencing and trial transcripts that were never authorized are beyond excessive.  It has been simply unbelievable.

Since I have been assisting with Michael's fight, his life was threatened in March 2016 and one of his letters that I sent certified was refused in April 2016 due to a "Master Witness List" that I was returning to him.

He is a "pro se" petitioner who was given his complete discovery file years ago.  He is a non-violent burglar who was framed with rape and kidnapping charges.  He has tried multiple times to get exoneration.  I really believe that his spirit was tired and broken with the passing of his parents and getting one door after the next closed in his face in his efforts to vacate his life sentence.

Michael now has a new hope, and I am dedicated to his release.  It is the right thing to do.

One of my clients mentioned starting a petition on "change.org"  I will keep everyone posted when it is set up.  Thank you in advance for your continued support!

#exonerateMichael

https://www.change.org/p/nathan-deal-hold-widely-respected-judge-danny-craig-accountable-for-framing-michael-c-blocker?recruiter=532225508&utm_source=share_petition&utm_medium=copylink