Michaela Riley

Convicting an innocent person represents a failure in our criminal justice system.

With the advent of DNA evidence, we can now know with absolute certainty that certain convictions were mistakes. But how did the police, prosecutor, judge, and jury all find this person guilty beyond a reasonable doubt? Criminal Justice Reform Commissions enable us to review the case, identify the causes of mistaken conviction, and recommend remedial steps to avoid future mistaken convictions.

When innocent people are the focus of investigations and prosecution, the real perpetrator evades responsibility. By improving the operation of our criminal justice system, Criminal Justice Reform Commissions are just good law enforcement.

What is a Criminal Justice Reform Commission?

A Criminal Justice Reform Commission is an independent investigative committee comprised of key players from throughout the criminal justice system, including prosecutors, judges, police officers, defense attorneys and forensic scientists. They examine post-conviction DNA exonerations to establish their causes and recommend changes to prevent future wrongful convictions.

The key features of Criminal Justice Reform Commissions are subpoena power, access to first-rate investigative resources, and political independence. These commissions must be trusted to speak out about cases where the system fails. Finally, they must consist of distinguished players from all aspects of the criminal justice system, so that their findings will be trusted, respected, and acted upon.

Innocence Project

http://www.innocenceproject.org/Content/Criminal_Justice_Reform_Commissions.php

So you may wonder if the Judicial System is here to protect Americans from unfair judgement and conviction how does an innocent American end up in Prison for a crime they did not commit...

Department of Justice Mission Statement

"To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."

Paul Cortez

It is extremely difficult to continue to believe in a system that fails the innocent and continues to prosecute with fabricated evidence. It my experience the DA and police find the easiest way to close a case in the shortest amount of time possible even if the defendant is innocent as in the case of Paul Cortez. . I guess you could say I have done better than Paul because I accepted a plea agreement even though I was Innocent. Of course every case is different I do agree that "public lynching’s" are something we can do little about. We must stand strong together and fight against a judicial system that cares more about notoriety than innocence.

I received this email asking for help for Paul Cortez.

In your article embittered justice you talk about due process being taken away and prosecutorial misconduct. Here is an example of all the above. It is a heartbreaking example of the abuse of a wonderful talented kid that has been wrongfully convicted and doesn't have the resources to fight the system. Please read the article I wrote concerning this situation:

Studies confirm that media bias is pervasive in our daily lives. The First Amendment assures freedom of the press and allows all opinions to be expressed. Historically, various perspectives were viewed as thought provoking and a source of stimulation for ideas or actions. However, a new type of journalistic attitude has taken hold of much of the media. Ideas become fact, and these "facts" are manipulated to produce a more scandalous version of the truth and spun into sensationalized stories to boost sales. There are serious topics and issues being misrepresented by this tabloid media with little concern for accountability or consequence for the "public lynchings" they orchestrate. One consequence can be the undermining and ultimate loss of a citizen's civil rights. American law states a citizen is to be innocent till proven guilty in a fair court of law. However, you can be tried and convicted by the media with no chance to prove otherwise unless you have incredible resources. Even then, it can rob a person of years of freedom before the truth is allowed to be proven. There is such a situation in New York that a group of concerned citizens became aware of and couldn't ignore. We feel this is an attack on the rights of all citizens. The media took a story and sold their product, the truth be damned, and helped to wrongfully convict a very talented young man named Paul Vincent Cortez.

Paul grew up in a tough neighborhood in the Bronx New York but focused intensely on academic, athletic and theatre interests in hopes of fulfilling a dream to create a better life for himself and his family. He earned academic scholarships to the prestigious Buckley School, Poly Prep Country Day School, and Boston University. During his school years, he accumulated an impressive resume of achievements. After becoming the first family member to graduate from college, he was an aspiring Broadway actor and lead singer in a popular New York City band and supported himself by working as a trainer at Equinox Gym in Manhattan.

On November 27, 2005, Paul endured the most unthinkable devastation. A person he loved was found murdered on the floor of her Upper East Side apartment. Paul voluntarily spoke to the police in hopes of providing them with information that might help find the murderer. During six hours of intense interrogation, Paul volunteered his foot prints, allowed the police to photograph his hands and body (which revealed no cuts or wounds), provided his cell phone for inspection (no blood stains), volunteered his DNA, and allowed the police to search his apartment without any sort of warrant in order to eliminate himself from the list of suspects hoping they could concentrate their efforts on finding her killer. There was no reason or evidence to believe that Paul had committed this crime. The first three weeks of the investigation did not yield any relevant witnesses, DNA, surveillance videos or any other illuminating evidence.

With the media hungry to announce a killer on the loose in one of the wealthiest neighborhoods in the world, the police were under incredible scrutiny to produce immediate answers and make an arrest. In addition, this made-for-Hollywood scenario featured a fast-rising Manhattan District Attorney looking to capitalize on the high-profile nature of the murder frenzy. The investigation and forensic testing was limited. Apparently, informing the media that the investigation lacked any significant breakthroughs was not a viable option.

Instead, much of the personal information that Paul volunteered to the police during his questioning was somehow leaked to the media by unnamed or “anonymous police sources”. Fabricated stories were printed from these leaks that created an erroneous image of Paul Cortez as a twisted madman. Paul was tried and convicted by the media for this crime before his trial. His trial was a farce with little defense by his inept lawyers. Paul found out the hard way that innocence and the truth is not one's guarantee for freedom and is now rotting away in an 8X10 foot cell on a wrongful conviction.

We believe that all citizens of the United States have the right to a fair trial with competent counsel. We believe that Paul Cortez was denied a fair trial because of inept counsel, media bias influence on the jury, inadequate investigation, and inexplicable lack of forensic testing. We believe that Paul Cortez was denied his basic civil rights and was unfairly convicted by a bias media rather than a fair court of law. Accordingly, we have formed a Defense Fund ( FREEPAULCORTEZ.ORG) to attempt to have Paul Cortez’s case be reopened and reviewed by the State of New York through the grant of a new trial. We hope that all fair minded people will feel compelled to join this fight for Paul Cortez, as well as themselves, to see that Paul Cortez is afforded a fair and proper attempt to prove his innocence.

Any support or suggestions for helping Paul would have for helping would be incredibly appreciated.

FREEPAULCORTEZ.ORG

If you would like to speak out against your personal trial against the judicial system, please contact authormichaelariley@gmail.com.

For more information on this author, please visit http://www.michaelariley.com

Okay enough of the madness and my frugal attempts to work out this week. Does this mean I have to start over with P90X ???  Oh that will not be fun... the first two weeks of the training was okay but I need to rest more than I need exercise some days.

The most important thing to remember is return the system while you can if you decide this workout isn't for you. It may not be for me but I absolutely hate quitting anything so I will try again.

As for the skin treatment I can notice major improvement in the texture of my skin but the redness and peeling continues to make public appearances not so much fun. I will continue this treatment without fail because there is no way I am starting this from the beginning again and dealing with the weeks of red, scaly itching skin.   I didn't realize when I started this over 2 months ago that OBAGI is a 6 month treatment until the maintenance part begins. The OBAGI treatment has reduced the malar rash on my face and reduced the redness on my nose and cheeks. I have had a few days when my face was not red at all and will be quite happy if this is permanent.

Types Of Exercise For Lupus

If you are experiencing swollen joints or muscle pain, avoid or limit activities that may be demanding on joints and muscles, such as jogging, weightlifting, or high-impact aerobics. If you find that you tire easily when you exercise, you should pace yourself, in my case I press the pause button and lay on the floor.

The most important thing to remember is to not give up exercising, as muscles that are not used will quickly become weak and then you have to start over.

Types of exercise that you can practice include the following:

Range-of-motion exercises (for example, stretching) help maintain normal joint movement and relieve stiffness. This type of exercise helps maintain or increase flexibility.

Strengthening exercises (for example, weight-lifting) help keep or increase muscle strength. Strong muscles help support and protect joints affected by lupus.

Aerobic or endurance exercises (for example, brisk walking or jogging) improve cardiovascular fitness, help control weight, and improve overall function. I try to walk everyday even if only for 1 block, this helps your mental status and Vitamin D levels also.

People with chronic diseases like lupus should check with their health care professional before starting an exercise program.

March 18, 2010

Well it has been 6 weeks of my Obagi skin treatment and so sorry to say that I am still red and peeling…will it ever stop? Some days my skin looks absolutely radiant and others not so much, more like an 80 year old woman  who is molting into something we hope doesn’t look like a person I don’t recognize. I have a photo shoot coming up for my new book and definitely hoping for a break from the flaking skin with a red rash.

P90X has been all that it promises although I am the barrier to my own success...I am sticking with it but some days are better than others. My favorite part about the workout system is the pause button and I am certain that won’t get the results the system boasts about. Admittedly the inches are coming off and I do see a flatter stomach and have lost 4 inches combined. Miraculously my arms are looking much better and wearing a tank top will be sexy again…hopefully. At my age sexy takes on a different meaning like can I still wear those jeans without the love handles and abdomen hanging over the top of them….yes I can. Thank you P90X.

March 11, 2010

I have to admit that starting the P90X...X for Extreme is extreme and difficult but can say that I have finished my first week of my new exercise plan and happy that I can pause the training when I need to catch my breath or lay on the floor because of  exhaustion.

Day one of Beach body consisted of about an hour of chest and back exercises utilizing various forms of equipment, a chair, chin up bar and bands...okay I could only do 3 chin ups and that was using the chair for support. I did over 120 push-ups and thank the Army for letting me be all that I could be a long time ago...sure that is the only reason I could do the push-ups. I did alternate female with male version push-ups...is that cheating, my shoulders and chest didn't think so.

Then 20 minutes of the amazing Ab Ripper X. Okay my abdomen is still sore after three sessions of nearly 350 core exercises....sound extreme it is. I know that this is a proven exercise program with proven results...the only proof I have so far is pain in places that have never hurt before. So it takes my mind off of the joint pain from arthritis so consider this a nice diversion...with benefits that remain to be seen.

The Yoga was really my least favorite of all and after an hour and a half I was ready to be finished until the next week. Yoga is on day four of the exercise plan for the next 4 weeks so I hope I begin to like that because an hour and a half is a long time to work on something that is not so much fun except of course for the Chaturanga and upward dog pose...my back and stomach felt great while doing those. ...a strange name for an exercise but this was my first yoga session.

As for the OBAGI and skin treatment...the redness, peeling followed by more redness and peeling is still going on after 5 weeks of the treatment. This is supposed to diminish somewhat about 6 weeks so I will be looking forward to being able to wear black again. My skin sheds so much that it looks like I have a very bad case of dandruff and as you can imagine this is embarrassing.

March 7, 2010

Okay here goes nothing. As I drink a glass of wine from my recent birthday gift...a wine glass that has FABULOUS 50 inscribed in  bright pink I am reminded of many birthdays before now when I ignored the one miracle I had in my life such as my health.

The diagnosed of Lupus over 5 years ago, seemed like a death sentence and a blessing at the same time to finally know what was wrong with me. The fatigue, rashes, joint pain, mouth ulcers and lovely butterfly rash on my face finally painted the picture of an illness I didn't understand and would find that even Physician's didn't seem to understand. How do you understand the profound feeling of fatigue that constantly plagues my life...waking up tired and staying that way all day even if I slept 12 hours?  Enough gloom!

The most important thing that I can tell you about Lupus is that stress can and will bring on an exacerbation. The stress from legal issues, life changing events, moving, starting or losing a job, relationships, illness, allergies or any event that makes you stressed can cause extreme fatigue that may bring your daily activities to a halt. Be patient with yourself and listen to your body take frequent naps if possible and talk to your doctor.

I only talk abut this because I choose to hide it from those closest to me. It is easier to hide behind the façade of someone that is perfectly healthy and energetic…ready to take what ever life offers. Many people with Lupus don’t talk about the horrible things it does to their body and mind…that’s why Lupus is called the Wolf. LUPUS, a disease characterized by the formation in the skin or mucous membrane of small tubercles or nodules consisting of cell growth which has an inclination to retrograde change, leading to ulceration and destruction of the tissues, and, if it heals, to the subsequent formation of permanent scars.

Okay that doesn’t sound so bad but what about when Lupus affects more of your body than your skin? What if your knees, hips, elbows, spine and neck also had arthritis and constant pain? What if you suddenly allergies to things you didn’t even know you were allergic to and the only advice the physician would give you was….”Exercise and you will feel better”. Are you kidding me did you hear when I said I am tired when I wake up and can’t function?

Okay Doctors don’t listen…at least mine doesn't  it is time for extreme measures. I refuse to let this kill me.

Today I read that facial peels and/or laser therapy can reduce the Lupus malar rash, can’t really do the laser peel so I chose Obagi for a 6 month facial rejuvenation. Maybe I will look refreshed even if I am exhausted. I purchased the Obagi travel pack…much cheaper than the other kit and insisted on a prescription of Retin A .10% to get filled at the drug store. If this works the persistent red malar rash will be diminished and I won’t look like a freak most of the time. After 2 days of the treatment no problems, stinging or irritation, at 4 weeks I have experienced face tightness that actually made the corners of my mouth hurt when I smiled…nothing to lose right? Well I have lost several layers of skin on my face and chest as the peeling and redness continues. Just a few weeks of redness, itching and peeling skin. When finished the system promises to even out skin tone and reduce fine lines and wrinkles.

I have also decided to purchase P90X for an extreme make over and improvement of the “hello I am 50 body”. I hope I can make it through one exercise without calling the paramedics. Remember I get exhausted from drying my hair…wish me luck!

Life brings us many challenges some nearly destroy us and may bring us to a screeching halt. Hope you have that seat belt on, you may need it. It is in those moments of our life that we must change. We have to keep moving to our destination and achieve those goals we set during our teenage and young adult years. If you are like me survival guided many decisions made in those young impressionable years. Education and setting goals were a mere fantasy for someone else. Working several dead end jobs to make ends meet was really all that I knew. Maybe there are many people out there like me. Divorced, single parent, uneducated with really no idea what it would take to have a better life. Except of course more work, long hours as a waitress or bartender or something else that would provide benefits. Maybe it was fear of the disconnect notice for the utilities or the repossessed car that really instilled in me the importance of responsibility. Whatever it was, joining the military was the first step in the right direction. Of course there have been many wrong turns, dead end roads, driving in the middle of the night with out a clue of my destination.

We must realize there is a purpose in those life lessons. Each time we learn something new it helps us with the next step of our journey. We grow and we learn, it’s a natural process. An important part of the journey is to learn to live life without the limitations we put on ourselves by self-imposed rules and regulations. I don’t know about you but if destiny or reincarnation is about us asking to come back and learn yet another lesson please stop the insanity. Those karmic flashes of past lives are scary. We have enough to worry about in this life time, illness, poverty, suffering, spiritual distress, over-population, gas prices. Please the list can go on for an entire book.

Today is the day we have to face whatever those fears are. Maybe you look in the mirror and you see a person you don’t recognize. Are you over critical of those fabulous lines on your face? You earned every one of them! In a society where wrinkles can be erased in an hour this should be the last of your worries. Okay, okay let’s move on. What about anything you dislike about your appearance. We all have insecurities about something. If it’s your teeth you can get those whitened or straightened or how about porcelain veneers? Come on look deeper than those exterior minor imperfections that you are completely and utterly overly critical of?

Look at yourself completely. I want you to look in the mirror at your reflection. Now see yourself in the way that someone who loves you sees you. Notice how the thought of that person loving you makes you smile and you begin to see something else. Remember how you felt when you fell in love with someone else. Every imperfection melts away as your love for that person grows. Isn’t that amazing?

Why then can’t you see yourself in that way? What are you afraid of? We are so critical of ourselves we set out on this mission to be something better, thinner, healthier or what ever it is we think we need. Somewhere in all of this self-improvement you forgot the one thing that could change everything.

Love is the greatest gift of all. Why then can’t you love yourself that much?

Would you admit to something that was untrue to prevent a prison sentence?

What if you were given no other choice?

The pressure of defendants to accept a pleas agreement is excruciating and constant. Innocent defendants are left with no other options as they are coerced into accepting an agreement that will change their life forever.

More than 1 in every 100 American's are in prison or jail, while a staggering 90% of cases are settled by plea agreements. Lawyers prefer to make deals as opposed to fight for innocence of their defendants.

In my opinion a plea bargain is immoral and unethical when based upon the promise of a reduced sentence if the defendant accepts a guilty plea. The damage can't be reversed. Once a plea agreement is accepted the defendant loses their right to speak...

Jennifer Campbell has just returned to Virginia after a year long mobilization with the Army. Her dream of buying a house, living near the beach and being close to her family, son and fiancé' was now a reality.

Embittered Justice is inspired by a true story of an innocent woman's fight against a corrupt judicial system.