Monday, May 24, 2010

Brandon Daniels, legal case, story and poetry

Brandon Daniels 426387
PO Box 233
Black river Falls, WI54615


Dear Viewer:
My name is Brandon Daniels. I'm 26 years old and from Milwaukee, WI. I've been told by many, and if I may say so myself, I'm a down to earth intelligent respectful charismatic determined well rounded humorous guy.

However, like anyone other then Jesus I've made my share of mistakes within my life. Although I've also learned many valuable lessons by experiencing those obstacles that god laid before.

Which I personally believe is perhaps one of the main purposes of life itself.

I enjoy strengthening my tempo mentally, physically and spiritually. And have been doing so the last four years. I have come to deeply crave knowledge on many levels.

I've been blessed to bring my own reading level from a 4.6 (when first tested in 2002) up too a college level as of my latest 2009 prison placement T.A.B.E. test.Which I accomplished by using an assorted of small but effective techniques. Those ranging from making my own spelling words flash cards and working one new word into my own vocabulary once a week by using it in my everyday convo with fellow inmates. Then of course reading short novels that I could easily vibe with. To even muting the volume on my T.V. for months in my single cell in-order to force myself to read the closed caption to follow the programs.

All in which helped me build my spelling, reading speed and comprehension skills.

And after breaking that first major obstacle I came to realize that the only true limitations on success are the ones one places upon ones self !!

I also have a strong passion for writing music and Urban poetry. Both I've often relied on to vent my emotions and frustrations during my current situation in a positive forum.

With that said I think one of my favorite quotes by Pauline Phillips best express my future intentions in life.
"The purpose in life is to
amount to something and have
it make some difference
that you lived at all"

(Any and all constructive criticism regarding my poetry and advise/ support towards my case is welcome. Please write me at the above Name, P.O. Box 233, Black River Falls, WI 54615")

I am seeking to have my plea bargain withdrawn, behind Breach of plea agreement. And also dismissed of all charges behind the violation of my due process rights.

Below is photo of plea agreement followed by transcription. Click picture to view larger size

Plea Questionnaire/ Waiver of Rights.(transcription of above document)
case number 2006 CF 381
Filed Feb 2 2007
STATE OF WISCONSIN, CIRCUIT COURT, Kenosha County,State of Wisconsin,
Brandon Daniels, defendant
case number 2006 CF 381
I am the defendant and intend to plea as follows:
Charge: armed Burglary PTAC –plea guilty
Armed robbery PTAC- guilty

I am 22 years old-.
I have completed 12 years of schooling
I do have a. high school diploma, GED, or HSED.
I understand the English language,
I understand the charge(s) to which I am pleading,
I am not currently receiving treatment for a mental illness or disorder, had any alcohol, medications, or drugs within the last 24 hours.
I understand that by entering this plea, I give up the following constitutional rights:
I give up my right to a trial.
I give up my right to remain silent and I understand that my silence could not be used against me.
I give up my right to testify and present evidence at trial..
I give up my right to use subpoenas to require witnesses to come to court and testify for me at trial.
I give up my right to a jury trial, where all 12 jurors would have to agree that I am either guilty or not guilty.
I give up my right to confront in court the people who testify against me and cross examine them.
I give up the right to make the state prove me guilty beyond a reasonable doubt.
I understand the rights that have been checked and give them up of my own free will.
I understand that the crime to which I am pleading has elements that the state would have to prove beyond a reasonable doubt if I had a trial.
These elements have been explained to me by my attorney.I understand that the judge is not bound by any plea agreement or recommendations and may impose the maximum penalty.
The maximum penalty I face upon conviction is : 1) 15 years 50,000 2) 40 years $100,000I understand the judge must impose the mandatory minimum penalty if any.
The mandatory minimum penalty I face upon conviction is: none
The judge can impose a lesser sentence if the judge states appropriate reasons.
Rebecca Matoska -_CLERK OF Circuit Court
D Guilty O No Contest
D Guilty D No Contest

Issues at the Heart of the Matter
GOVERNMENT OFFICIALS MISCODUCT WARRANTS Withdrawal of pleas, which are obtained by grossly extreme bias, prejudice, misleading, confusion, breach of agreement, manifest injustices, no probable cause, denied criminal process of law, all charges must be threw out based on grounds stated.

All attorney's appointed to case 06-CF-381 made no good efforts bring these unconstitutional flaws to light. Fareeta V. California, 422 U.S. 806, 834(1975) to force a lawyer on a defendant can only lead him to believe that
lawyer contrives against him.
ISSUE (1).
No criminal process exist for arrest under (ss 968.07) 968.073 Custodial Interrogation no interview informing defendant of criminal charges and arrest to appear in court 4-11-2006.
ISSUE (2) On 4-11-2006 Initial appearance record,(Exhibit 1) Court commissioner James Fitzgerald denied criminal process under 970.02,1.(A.)(B.) (C.)(6). Failed to officially inform Mr. Daniels of "criminal charges" "criminal statue sections," “maximum penalties if convicted" "entitled preliminary examination within ten days" "entitled to state appointed." This constitution equal protection of information is not recited in record Exhibit 1). Thereby probable cause doesn't exist, 4-11-2006 court commissioner Fitzgerald willingly, knowingly, intentionally failed to inform defendant his constitutional rights protections under 970.02 (1.)(A. )(B. ) (C. )(6) State lacked competency to exercise its subject matter jurisdiction as states failure to comply with statutory methodology prescribed by legislature.

ISSUE (3). On 4-17-2006 Adjourned Initial appearance (Exhibit,2). Commissioner Fitzgerald again failed to inform Mr.Daniels of "charges", "criminal statue sections""maximum penalties if convicted". Record doesn't recite constitutional right protections under 970.02,1.(A.)(B.)(C.). During this unlawful proceedings Attorney Eileen Huie is not appointed to case and requested preliminary hearing be set beyond ten day time limit. Note, 4-11-2006 record show Mr.Daniels didn't waive ten day time limits to have probable cause examination, nor did he waive time limits 4-17-2006.
ISSUE (4). On 4-20-2006 commissioner Fitzgerald, prosecutor Graveley, and Kenosha's state public defenders office supervisor Diane Zitzner agreed obstructing justice, denied preliminary hearing probable cause process under S.S. 970.03 (1.)(2.)(3.)(4.)(5.)(6.)(7.)(8.)(9.)(10.). See exhibit (3). Preliminary record 4-20-2006 commissioner Fitzgerald again failed to inform Mr.Daniels of his "charges""criminal section" "maximum penalties if convicted", again Mr. Daniels didn't waive time limits.
Quote record 4-20-2006 page 5: Mr.Daniels time limits have been tolled for cause he has no attorney, and I cannot proceed with this pro­ceedings without an attorney. And the delay is caused by defense and more so by public defenders office. I understand they're under alot of pressure to find enough people to represent all of these defendants. It's my understanding they have been using "diligent efforts". As I recall when Mr.Daniels was in here sometime this week, I think it was Monday, I indicated the public defender should use all diligent effort to locate an attorney so this matter could proceed. But apparently they were unsuccessful in that endeavor. Unquote.

On 4-21-2006 S.P.D. supervisor Diane Zitzner agreed with newly assigned attorney Geneva Brown to continue with sabotage upcoming preliminary hearing 4-26-2006 to cover up prior violations (4-11-2006 No probable cause)(4-17-2006 No probable cause)(4-20-2006 No probable cause). (Exhibit,4). Preliminary Record 4-26-2006, Attorney Brown follow through with sabotage, told Mr.Daniels to waive preliminary hearing and charges 3 through 9 would be completely threw out and not used in court against him. Deceit was used to get Mr.Daniels to waive this preliminary which was already in violation of his constitutional rights prior to him waiving probable cause hearing under S.S.970.03 (l.)(2.)(3.)(5.)(6.)(7.)(9.)(10.).This motion was not filed by attorney Brown; Quote: The defendant, appearing specially by his attorney and reserving his right to challenge the courts jurisdiction, moves the court for an order dismissing this action.
This motion is brought pursuant to SEC.971.31(2)(5 ) , stats, on the grounds that defendant has not been provided with a preliminary examination in this case within statutorily prescribed time limits, in violation of the rights guaranteed by the 5th and 14th amendments to the United States Constitution; Article 1, section 8 of Wisconsin Constitution; SEC.970.03(2),STATS; and Armstrong V. State,55 WIS. 2d 282, 198 N.W.2d 357(1972), Logan V. State,43 WIS.2d 128, 168 N.W.2d 171(1969), and State EX rel. Kilnkiewicz V. Duffy, 35 WIS. 2d 369, 151 N.W. 2d 63(1967). These delays prejudiced defendants rights to present a defense, State V. Golden, 185 WIS. 2d 763, 519 N.W. 2d 659 (ct. app.1994).
ISSUE (5). (Exhibit 5). Arraignment Record 5-23-2006 Judge Anthony Milisauskas, Prosecuter Graveley, and Attorney Brown didn't inform Mr.Daniels of "charges""criminal statue sections""maximum penalties if convicted". This arraignment in violation of Mr.Daniels constitutional rights 4th, 5th, 6th, 8th, 13th, 14th, amendments, $500,000 cash bond not informed of charges.
Issue (6). Both attorneys Brown, and Flanagan failed to file 971.23 Motion Discovery & Inspection to review all evidence prior having Mr.Daniels accepting pleas 2-2-2007.The presumption of prejudice has -. sometime been applied in a plea of guilty context. See Stano V. Dugger, 889 F. 2d 962 (llth cir. 1989) presumption of prejudice where during guilty plea proceedings attorney said he had not received full discovery from state and thus could not advise his client as to propriety of guilty plea. Pressing defendant to accept plea agreement and enter guilty plea, State V. Rock, 92 WIS 2d 554, 285 N.W. 2d 739 (1979). Coercion on part of trial counsel, confusion, inaccurate legal advise renders a plea uninformed one and can compromise the voluntariness of the plea, State V. Woods, 173 WIS 129, 496 N.W. 2d 144 (
Mr.Brandon Daniels guilty pleas accepted without trial court conformance with WIS. State Statue 971.08; Fed. Crim. P. Rule 11. Mandatory duties imposed by Supreme Court. (Exhibit 6.) Plea hearing record 2-2-2007, plea Judge Wilbur Warren.
ISSUE (7). Court failed to inform defendant of criminal statue sections violated, he plead to;
ISSUE (8). Court failed to inform defendant maximum penalties and fines if convicted on all counts 1 through 9;
ISSUE (9). Court failed to inform defendant of potential possibility receiving consecutive sentence;
ISSUE (10). Court failed to inform defendant that court is not bound by plea agreement terms;
ISSUE (11). Court failed to ask defendant was force, threats or promises or coercion used causing to plead guilty;
ISSUE (12). Court filed to personally address defendant is his pleas made intelligently;
ISSUE (13). Detective plea colloquy defendant unable to understand information much confusion, and other information wasn't provided;
ISSUE (14)."Plea waiver of rights questionnaire form if defective" couldn't understand "charges" or elements, or rights waiving, or maximum penalties, much confusion went on signing plea waiver rights form 2-2-2007.
ISSUE (15). Breach of plea agreement. Court used dismiss read-in Armed Robbery for count 1. during plea accepting 2-2-2007. Thereby forced defendant to plea on two counts of conspiracy to commit Armed Robbery, See Plea Record page 3. Exhibit (7). Plea Questionnaire Waiver Of Rights document recite count 1. Conspiracy To Commit Armed Burglary enter plea of guilty; Count 2. Conspiracy To Commit Armed Robbery No other crime listed. See Exhibit (8). Criminal Information 06-CF-0381 Count 1: Conspiracy To Commit Armed Burglary; Count 2: Conspiracy To Commit Armed Robbery; All other counts 3 through 9 dismiss. Therefore at plea hearing 2-2-2007 Mr.Daniels never pleaded guilty to count 1: Conspiracy To Commit Armed Burglar. Signed plea questionnaire was not conclusive evidence that defendant understood elements of crimes listed in questionnaire State V. Boiling, 2000 WIS 6, 4-5, 52-55, 232 WIS 2d 561. 605 N.W. 2d 199. Pleas was involuntary and unknowing and in violation of defendants rights To Due Process, State V. Cecchini, 124 WIS. 2d 2000, 368 N.W. 2d 830 (1985).Supreme Court has stated that guilty plea cannot Be considered voluntary unless accused has real notice of true nature of charges against him, Marshall V. Lonberger, 459 U.S. 422 436, 103 S. ct. 843, 851, 74 L. ed 2d 646 (1983).

A guilty plea can be withdrawn as a matter of right if it is established that: 1) There was a violation of a relevant constitutional right: 2) The violation caused defendant to plead guilty: 3) At the time of guilty plea defendant was unaware of potential constitutional challenges to prosecution case, State V. Carslson, 48 WIS. 2d 222. 179 N.W. 2d 851 (1970). A plea will not be voluntary unless defendant has a full understanding of charges against him, Brady V. United States, 397 U.S. 742, 748, N.6. 90 S. ct. 1463, 1469, N.6. 25 L. ed. 2d 747 (1970). US V. Berrios-Centeno, 250 F 3d 294 (5th cir. 2001) 1.) To be sufficient an indictment must allege material element of offense; 2.) Because an indictment is jurisdictional, a defect in an indictment is not waived by a guilty plea.

Citation Of Authority: To withdraw a plea after sentencing, a defendant must satisfy two threshold requirements. First, he must make a prima facie showing that his plea was accepted without trial courts conformance with 971.08 and other court imposed mandatory duties; and, second, that he or she did not know or understand the information that should have been provided at plea hearing. State V. Vancamp, 213 WIS. 2d 131, 140-41, 569 N.W. 2d 577 (1997) Citing State V. Bangert, 131 WIS. 2d 246, 274, 389 N.W. 2d 12, 26 (1986) . Upon that showing, the state bears the burden of showing by clear and convincing evidence that plea was knowingly and voluntarily nade. Mr. Daniels moves the court pursuant to § 971.08 § 809.30 State V. Kampton, 274 WIS. 2d 379, 683 N.W. 2d 14, 2004 WI 107. (2004) and State V. Bangert, 131 WIS. 2d 246, 389 N.W. 2d 12, (1986) for the entry of an order permitting him to withdraw his previously entered guilty pleas on ground that pleas were not voluntarily knowingly and intelligently entered and that the court failed to advise him at the time of accepting his pleas that court was not bound to follow any plea agreement or recommendation by the parties. State V. Brown, NO. 200 3ap2662-cr order (WIS ct. app Feb.21 2005). Seiller V. United States, 544 F.2d 544 (2d cir.1975); State V. Fortier, 2006 WI app 11, p28 N. 5, 289 WIS. 2d 179, 709 N.W. 2d 893. State V. Knight, 168 WIS. 2d 509, 520, 484 N.W. 2d 540 (1992). State V. Rangert, 131 WIS. 2d 246, 389 N.W. 2d 12 (1985).

Osborn V. Shillinger, 861 F.2d 748 (10th cir 1998) Holding counsel performance was not only ineffective, but counsel abandoned the required duty of loyalty to his client. Trial counsel simply did not make poor strategic or tactical choices, he acted reckless disregard for his clients best interest and apparently with intentions to weaken his client case. Lockhart V. Terhune, 250 F 3d 1223 (9th cir. 2001) Denied 6th amendment right to counsel includes the tight to be represented by an attorney with undivided loyalty. US V. White, 222 F 3d 363 (7th cir 2000) Government has a special responsibility to ensure the integrity of criminal judicial process by living up to code of professional ethics and fair play at all time. Specific intent to deprive defendant of constitutional rights. Unjustifiable deprivation of libery accomplished without probable cause under fourth amendment, denied meaningful procedural due process. Attorney Johnnie L. Cochran Jr. Quoted: Throughout our history, where ever moral and legal lawlessness held sway, black people suffered, our struggle had never been with America's constitution and it's laws; rather, ours was a struggle to convince white American's that we, too, were entitled to the constitutions protections and they, too, were subject to it's restraints, Unquote. U.S. V. Warwick, 167 F3d 965 (6th cir.1999) Under outrageous government conduct defense, a conviction may be improper, even if the evidence establishes a defendant predisposition to commit the crime.END.

court transcript

1 MR. GRAVELEY: It's been a consistent offer
2 throughout this case. The offer has never changed. That
3 offer was the defendant would have the opportunity to
4 plead to Counts 1 and 2 of the current Information. The
5 State would move to dismiss but read in all of the
6 remaining charges.
THE COURT: What would the State's position
8 be at sentencing?
9 MR. GRAVELEY: We would have a free hand.
THE COURT: Mr. Daniels, do you understand
11 the offer the State's made?
12 MR. DANIELS: Yes, I believe I do.
13 THE COURT: Okay. Count 1 is a conspiracy to.
14 commit armed robbery. It's a Class E felony,
15 years15 maximum imprisonment. Count 2 is conspiracy to commit
16 armed robbery. That's charged as a Class C which is
17 maximum imprisonment of 40 years. The balance of the
18 charges here are all conspiracies to commit armed
19 robbery, some with dangerous weapons. There are other
20 charges. I haven't added them all up, but I would guess
21 there's probably well over a hundred years of exposure
22 there that's being dismissed under the State's offer.
23 Have you had enough time to consider this offer?
24 MR. DANIELS: So you're saying that all the
25 other counts come back in balance if I don't accept the
1 plea, the whole 256 years?
2 THE COURT: You've added it up yourself, I
3 see.
4 MR. DANIELS: Yes, sir.
5 THE COURT: If you don't accept the plea,
6 which is your right to do -- I'm not questioning your
7 judgment. If you decide not to accept it, you don't have
8 to accept it, but then we go to trial on all 256 years.
9 MR. DANIELS: See, I wasn't -- I didn't
10 understand that. I thought that was all dismissed when I
11 waived the preliminary hearing, that other seven counts.
12 THE COURT: No. You've got a seven-count
13 Information here. With that type of exposure, there's a
14 substantial reduction here, not that 65 years is a small
15 amount, but on 65 years, the maximum period of
16 incarceration on that would be 30 years. That's the most
17 you could go to jail initially. That's the maximum.
18 That's not to say you'd get the maximum, but that's the
19 maximum.
20 MR. DANIELS: Okay
.21 THE COURT: Do you want more time to talk
22 about this?
23 MR. DANIELS: Yes. I don't mean to waste the
24 Court's time, but I would like to speak to my lawyer.
25 THE COURT: Mr. Daniels, this is a very

photo of "elements of common criminal offenses "

Factors checked:
1)Burglary while armed; Class E felony:
I intentionally entered the building of another
I did not have the consent of the owner or person in lawful possession to enter
I knew I did not have consent to enter
At the time I entered, I intended to steal or commit a felony.
2) Armed robbery ; class C felony
I took property from the person or the presence of the owner
I used force or threat of force against the person of the owner.
I intended the force or threat of force to overcome the physical resistance or physical power of resistance to the taking and carrying away of property

(Any and all constructive criticism regarding my poetry and advise/ support towards my case is welcome. Please write me at the above Name, P.O. Box 233, Black River Falls, WI 54615")

A Cry in the Night
I laid quietly in the dark,
Hearing the cries of a man,
Yet not those that come from pain,
But from something I failed to understand.

This man I speak of is kind hearted,
Perhaps the same age as I,
Yet he'll never see his daughter take her first step,
Or give her away as a bride.

For some reason it always hits him,
In the middle of the night,
That he'll never go home to his family,
For the rest of his life.

He knows not to speak of his fears,
For these men will prey on his weakness
However I seen it quite clear,
For his eyes shared the secrets.

One night he slit his wrist,
But they saved him in time,
This I must say I never seen comeing,
For he kept that too deep inside.

But now I've come to understand,
What made his tears so different,
The tears of pain, fear, death,
However the tears he shed, welcomed it...

Brandon G Daniels

Do Yo Thang
Do yo thang with yo diva slang
So sharp, so fierce, so laced with game,
Of course can't nobody tell you anything!,
When it comes to Bailer's you know every name,
And you ain't never had to want or pay for anythang!

You posess a precious jewel, but you don't care,
You bid it off, like an auction,
Men gawk and stare at you everywhere,
When you lick yo lips, and flip yo hair,
Switch yo hips, when you strut up stairs,
Arch yo butt, and puff yo square!

Yeah, you know you sexxxy,
So carmel and voluptuous,
Sweet and scrumptious,
The ideal seductress!

But really hon', you ain't got a clue,
That those men just lust for you daily,
But only love you for the moment,
And those looks will one day fade,
And those men will no longer want it,

Then all that envy and fame,
That you once craved for motivation,
Will soon become eye rolls and smirks,
From the birth of the next Diva generation,
Gone do? you thang,
With yo Diva slang,
So sharp, so fierce,
So laced with game,
Of course, can't nobody tell you anythang...

By Brandon Gold Daniels 1/29/2010

Body Language
Allow me to read between the lines,
as I close my eyes and memorize.

The envy of God's creations.
The essence of raw temptation.
The portal which brings forth new life,
and also holds the gateway of great sensation.

With eyes the shade of every existing flower.
And lips that can persuade, influence and empower.

While bearing the fragrances of exotic fruits
and candy so delicious, One literally wishes it could be devoured.

with hips that sway like a suave ocean wave.
Or a cloud of dro smoke from a blunt left to blaze.

Yes, I understand yo body braille.
The heavy punctuation in every sharp detail.

And I feel the title beneath my fingers,
presenting a story of sexual cravings.

Overwhelming my curiosity to sink my face within the cover,
For a taste of the sweet words between yo pages.

As I read yo body language....

By; Brandon Gold Daniels 5/30/2010

Shes like a ghost that appeared,
within my darkest hour.
Although I can't see her face,
I can sense her power

So sincere and ambitious,
encouraging and mysterious.
The closest thing to an angel,
that I've ever experienced.

I'm from the heart of the slums,
where the birds, don't humm.
And the elders just pray,
to see death before those who are young.

Kids bring guns to school, because
theres no brakes in trigger play.
And they even sell dope to their own momma's,
and will beat her like any other, if she doesn't pay.

What makes one see this as ok?
And not feel an ounce of shame?
As they profit and give aid.
To what eats their own families away?

My life is a horror movie,
That can be viewed from the corner.
It's narrated by the old wino's,
who beg all day, for a spare quarter.

On the set only the strongest survive,
because heartless goons rome the streets,
That are so rough even the boogieman checks under his bed,
before HE, goes to sleep.

I'm a product of my environment.
The roar amongst the silence.
Bred to be wary of kindness.
And taught the norm, is violence.
But I've finally broke the chains,
that I helped place upon my own identity.
From my lack of knowledge and subjection,
to the worlds endless opportunities.

But now my mind is free,
although my body is still caged.
And my hunger to exceed others negative expectations.
Is what helps motivate me each day.

When I call out to my ghost,
she answers to me, but vaguely.
Not in any depth or elaboration,
yet still, never ceasing to amaze me.

How long has she lived?
And what has she experienced within it.
For I must know what drives this soul,
that I've been blessed to occasionally communicate with.

If I could show just half my appreciation,
I'd embrace this being with a strong hug, and soft kiss.

If for no only reason,
it has givin me the proof of evidence.
That good angels walk among us,
and actually do exist!

In dedication to all those who help others out of the kindness of their heart and seek nothing in return.
By: Brandon "Gold" Daniels #426387

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