Failure of the Courts

In my opinion Judges should be an added layer of protection in due process for all citizens and residents of the US. Unfortunately, it has become increasingly evident that judges are getting away from ruling on law and ruling in favor of prosecutors. For example, we have a case that is now law whereas no persons shall be arrested, have a search warrant issued, be charged, or tried on hearsay testimony known as McClelland. However, despite this law, Joseph was denied an opportunity to confront and question D. Bean at his preliminary hearing.

An evidentiary hearing took place in which the Judge ruled the cell phone out as evidence, to which the prosecution appealed and won. What bothers me is not that they felt the cell phone was important in their case, but, how they omitted the evidence from the cell phone that pointed to Joseph being innocent.

A Habeas hearing was also held which pointed out the circumvention of McClelland by the prosecution, and lack of evidence against Joseph. This is a hearing in which a Judge is able to determined if there is enough evidence for a trial. Despite the Habeas Judge in Joseph's case stating to the prosecution that they did not have a prima facie case (sufficient evidence for a trial), he still moved the case forward. This case was moved forward Without D. Bean's testimony which would make it not hearsay as he is the commonwealth's only witness., At this point, the trial is being ordered based on hearsay alone which is a violation of due process, and law.

Now, to trial we go although the prosecution and police denied Joseph due process and equal protection under the laws of our nation, and 2 separate Judges did absolutely NOTHING to correct it.