WHAT ARE THE PROS AND CONS OF HIRING A DEFENSE ATTORNEY WHO HAS EXPERIENCE AS A PROSECUTOR AND SERVES AS A COURT COMMISSIONER?

A defense attorney must be creative and a friend for the client.  It is you, the client that requires a loyal advocate and not the persons striving to convict and sentence you to a cage.

A prosecutor charges a suspect with a crime and attempt to convict them and are employed by the government.  Never use the term "I am innocent".

A former Prosecutor most likely will think like a prosecutor who seeks plea bargains and guilty pleas.  They are protectors of victim rights and the "black wall" of law and order that looks down on criminal defendants as well as advocates of change in the legal system as bad guys who are guilty.  A former Prosecutor now defense attorney experiences can translate to seeing the defendant/bad guy as dollars signs without much in the way of compassion or a defense.

In Wisconsin, a Court Commissioner may:  (a) Direct a case to the proper court if the defendant wishes to enter a plea after intelligent waiver of rights.  (b) In criminal matters issue summonses, arrest warrants or search warrants, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested, set bail . . . Wis. Stats. 757.69.

Effective defense attorneys have no friends in the DA's Office and no judge will help them "get the best deal".  The "best deal" is not asking for favors from the DA's Office or Judges it is attainable if at all by through preparing a case for trial, doing an independent investigation, finding the reasons a case should be dismissed if they exist or by trying the case.  It is the client that needs a loyal advocate and not the person who is trying to convict you and lock you in a cage.  When the defense attorney thinks, or appears to be a broker between you and the government fire him immediately.

The traits to look for in your defense attorney that is not learned at law school or the DA's Office is compassion, caring, genuineness, perseverance, trial experience and life experience.  Most of all a fighter that comes from within and cannot be taught.

PRISONER FILES PETITION FOR WRIT OF HABEAS CORPUS

Prisoner Cleveland Lee filed a Writ of Habeas Corpus on October 24, 2016 at Milwaukee County Circuit Court.  The Petitioner alleges that the Wisconsin Department of Corrections violated both Wisconsin and United States Constitutions Ex Post Facto Laws.

Wisconsin Statute 973.01(4m) Discharge From Extended Supervision (parole)

This is another look at Wisconsin prohibition against ex post facto laws.  Wisconsin Stats. 973.01(4m)(a) "The department may discharge a person (that's me) from extended supervision after he has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interest of justice."

The state of Wisconsin created a form to be used to activate the Release of prisoners, Wis. Stat. 302.113 (7m); Petition to Modify Court-Imposed Conditions of Extended Supervision.  The form provides three (3) options; Release from confinement portion of your sentence to an earlier extended supervision (parole) or Release from extended supervision to discharge and restoring of all civil rights or Department of Corrections can discharge after serving 2 years of extended supervision.  I filed the form August 2, 2016 at the Clerk of Court Office.  The form is to be distributed to:  Court-original, sentenced person, sentenced person's attorney, Department of Corrections, and District attorney.

August 5, 2016, June Simeth, Staff Attorney Criminal Division, stated that my petition to modify court-imposed extended supervision; "You have not filled in that portion of the form which specifies particular relief you are seeking".  "You may set forth . . .on a separate piece of paper and submit . . ."

August 13, 2016, I submitted Wis. Stat. 973.01 (4m) (a).  August 16, 2016, M. A. Grossman, Staff Attorney responded; "Please be advised Section 973.01 (4m), Stats., was repealed on August 3, 2011 under 2011 Wis. Act 38."  "The court has no statutory authority to order an early discharge . . ."  August 24, 2016.  I replied; "It appears that the repeal of 973.01 (4m) delays my release from imprisonment by almost 2 years, thereby violating the ex post facto clauses of Wisconsin and United States Constitutions."

October 7, 2016, the court issued Decision and Order; "The defendant is proceeding in the wrong forum because the court had no authority under the former statute 973.01(4m) to discharge a person from extended supervision.  That authority was vested upon the Department and therefore, the defendant is obliged to address his petition to that agency.  The court has no jurisdiction to consider the defendant's petition for early discharge or to entertain his ex post facto challenge to the repeal of Section 973.01 (4m), Stats."

Ex Post Facto Laws Prohibition

The prohibition on ex post facto law in the United States Constitution is found in Article I, Section 9 and 10.  The prohibition on ex post facto law in Wisconsin is found in Wisconsin Constitution Article 1, Section 12, Attainder; ex post facto; Contracts.  Section 12; No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts shall work corruption of blood or forfeiture of estate.  Ex post facto law is one that punishes as a crime an act previously committed, that: (1) was innocent when done:  example; contracting your services.  Harambee Community School Inc., Cleveland Lee, MetroServ, Inc., Metro Pest Company, Inc., and Pull Together Publications, Inc., had such a relationship.  (2) makes more burdensome the punishment for a crime, after its commission:  example; sentencing by a court.  Cleveland Lee was sentenced November 09, 2005, for crimes committed in 1998, 1999, Indeterminate Laws and for crimes committed in 2000, 2001, Determinate Laws.  Under Indeterminate sentences there is parole eligibility after 1/3 by the parole commission of that sentence and mandatory release after 2/3.  Under Determinate sentences there is no parole, however, there is extended supervision, another term for parole in Wisconsin law determined at sentencing by the judge.  When one is denied parole under his indeterminate sentences because he has determinate sentences, "makes more burdensome the punishment", in other words more time behind bars or confinement.  (3) deprives one charged with a crime of any defense available at the time the act was committed: example; receiving payments for contracted work or re-imbursements under contract.  How to Get Away With White Collar crime?   Become a government official.

How to Get Away with White Collar Crime

My book is available at CreateSpace eStore and Amazon.com for $24.95.  Cleveland Lee was promised payment in the form of "money" for his entrepreneurial skills and organizational services to Harambee Center Inc., a Black African American owned and operated non-profit corporation, by Harambee Community School Board of Directors.

He finds himself in the school board's cross hairs after completing a $5.2 million dollar expansion campaign and the hiring of the Honorable Judge Russell Stamper, Sr. as "Headmaster".  The "war" for the minds of Black children and Parent Power begins . . . forced by Wisconsin legal system to relinquish his authority, give up $1.2 million dollars in contracted services and later convicted of embezzlement, forgery, and tax evasion contrary to the Taxpayers Bill of Rights and the U.S. and State Constitutions by government officials who promote injustice and inequality.

Amount Owed $642,000 Harambee;$34637.26 State of Wisconsin Filed 02/04/2016 Circuit Court Clerk John Barrett

"The Clerk of Circuit Court State of Wisconsin Milwaukee County Judgment for unpaid fines, forfeitures and other financial obligations case number 2005CF63, State of Wisconsin vs. Cleveland Lee Sr.  The Court finds the debtor was ordered to pay a fine, forfeiture, court cost, assessments, guardian ad litem fees, court appointed attorney fees, surcharges or DNR restitution.  The total amount owed is:  $642,000; $34637.26.

This is from the transcript in case 2005CF63, State v. Lee:  "The Court is going to authorize the Department of Correction to collect 25 percent of prison wages to go toward restitution, but that is only a couple of dollars a month."

"The first amounts of money are to go to Harambee School, and any balance to the State Department of Revenue.  This could be a symbolic order, the restitution order.  The balance is to be paid during the period of extended supervision, and at that time there will have to be a determination by the Division of Corrections about his ability to pay.  I'm not making that determination now because he is spending the next seven years in prison, so when he gets out they can determine how much, if any, he can pay during the period of extended supervision and during that period what if anything, can be paid, as I said."

The corporation Harambee has been dead since 2010.

Harambee Community School Milwaukee Math and Science White Collar Crime No Criminal Charges FBI Investigation

"December 2014, the City Charter School Review Committee recommended putting Milwaukee Math and Science Academy on probation because of poor academic performance, institutional instability and excessive staff turnover."

"The school's corporate parent, Concept Schools, and some of its top executives are under investigation by the FBI and other authorities regarding possible misuse of federal e-rate technology grants."

"While the school has been developing, significant concerns have arisen regarding the school's stability (drop in student return rate, change in principal each year, poor teacher return rate), the lack of teacher licenses or permits, and the slow academic progress of the students."

"Concept Schools is under investigation by federal and state authorities, as reported by newspapers in Chicago, Cincinnati, Akron, Dayton, Columbus and others."

"June 2014, FBI agents raided 19 other of its schools in Ohio, Indiana and Illinois.  An FBI statement said they were part of "an ongoing white-collar crime investigation."  A company spokesperson said they were part of a "federal audit of e-rate technology grants."  Milwaukee Math and Science received $8,262 in federal e-grants in 2013."

"In 2012-13, the school received $1,741,600 in state charter school aid, based on $7,775 for each of 224 students.  Enrollment since then has increased to 307 in 2013-2014.  The 2014-2015 per-pupil grant is $8,075.  In 2012-13, the school received an additional $597,691 in other state and federal education grants.  In 2012-13, the school paid 10% of its state charter school aid to its parent, Concept Schools:  $174,160.  In 2012-13, the schools local governing board consist of:  Omer Yazganoglu, Kadir Celik, Ibrahim Tuna, Moufid Darwich, Lutanya Coleman and Ergun Serilmis (principal).  School leaders told the Review Committee on Dec. 16 that the current board has four members and is seeking additional members."

"110 W. Burleigh Ave. building was purchased from Harambee Community School in August 2014 by Good Samaritan Schools LLC for $715,000.  Good Samaritan Schools was created June 2014 by persons unknown . . . prepared for Schools and Communities United by Jack Norman."

The Legal System "A Peculiar System" Wisconsin vs. Davis

State of Wisconsin Department of Workforce Development vs. Lenora Smith Davis on March 10, 2014 the United States Bankruptcy Court, Eastern District of Wisconsin findings of fact and conclusion of law, Susan Kelly, U.S. Bankruptcy Judge.

The legal system is a "peculiar system".  Harambee Community School had two "Chief Operating Officers" during it's long history, one is imprisoned inside jails and the other is imprisoned outside of jail.

In the above case "evidence showed that Harambee was a non-profit corporation that operated a private elementary school in Milwaukee, Wisconsin.  A Board of directors (also called the school Board) ran the school.  Beginning in 2009, the Board gave her (Davis) the title "chief operating officer".  This is contrary to Davis statements made in 2003 to Riverwest Currents.

"The president and vice president testified that they turned to the Debtor (Davis) after a former administrator embezzled a large amount of funds.  They provided the Debtor with the title "chief operating officer" in order to boost her credibility with students, parents and staff at the school, but they did not give her authority over corporate management of financial decisions that such title might imply".

"Around the time the unemployment contributions went unpaid, the Debtor's focus was squarely on securing accreditation for the school, which was necessary for its very survival".  "By December 2010, the utilities were cut off, and the school closed".

DWD argues that because the Debtor supervised school staff, filed reports with Department of Public Instruction, and held other broad responsibilities with Harambee, she controlled the corporation.  The Debtor denies that she controlled Harambee in the sense suggested by the statute . . . the Court agrees with the Debtor".  How to get away with white collar crime?

Tommy C. Alexander Harambee Trailblazer R.I.P. 2015

President for 25 years and devoted over 30 years of his life to Harambee Community School Inc.

2011 Black Parents Property And Assets Gone State Bank Of Chilton vs. Harambee Community School Inc.

"On January 11, 2011 a Summons and Complaint and filing fee of $269.00 was paid in Milwaukee County Case Number 2011CV000507, Judge Timothy Witkowiak - 22.

June 14, 2011 there was a hearing Attornry Jame P. Burnett in court for Plaintiff State Bank of Chilton.  Defendant Harambee Community School Inc. not in court.  Defendant Harambee School Development Corporation Inc. not on court.  Defendant Lenora Davis not in court.  Defendant Marreese Allen-Harris not in court.  Plaintiff's motion for Default Judgment of Foreclosure heard.  Court GRANTS MOTION.  No REDEMPTION PERIOD.  IMMEDIATE POSSESSION.  Filed, signed ORDER FOR REPLEVIN.

The Black African American parents the owners of Harambee Community School Inc. since 1969 paid off their mortgage $10,000 in 1992 selling $1 Raffle Tickets for I was there when we did it.  I was voted off the school board in 2002 and removed as a director.  At that time we had property and assets of $8 million and $2.7 million in cash after paying for our expansion project.  We also had $750, 000 cash toward our goal of $1.2 million for Harambee School Endowment.

June 20, 2011 the court issues a judgment in favor of Plaintiff State Bank of Chilton for immediate possession of property located at 110 W. Burleigh Street Milwaukee:

All equipment, fixtures, inventory, documents, general intangibles, accounts, deposit accounts (unless a security interest would render a non taxable account table) contract rights, chattel paper, patents, trademarks and copyrights (and the good will associated with any registrations and licenses of any of them), instruments, letter of credit rights and investment property now owned or hereafter acquired by Debtor Harambee Community School.

Harambee Community School Inc. . . Trailblazer Lenora Davis July 2006

"Lenora Davis has a lot to smile about these days.  As the school year ends and preparation for the fall begins, her Harambee Community School family is sitting on top of the world and beaming with success.  This is the best year ever! exclaims Lenora Davis, Chief Operating Officer at Harambee Community School since 2003.  We became a real family."  Riverwest Currents".

"I felt like I had weights sitting on my shoulders, Davis admitted, her voice breaking a little.  Its a tough thorn to know that a whole entity was dependent on the decisions I would make.  And for that reason I stayed very close to God.  I prayed a lot.  I always will.  I notice when I tell people God is my support they're uncomfortable with that.  But I have to tell it.  Everything that has happened here at Harambee has happened because God has wanted it to happen".

Harambee Trailblazer Attorney Hugh R. Braun R.I.P. 2015

"Hugh was passionate about many things and in the way he served his community beginning in the Washington Heights neighborhood where his family has resided for over fifty years.

At St. Sebastian's he served in roles on the Parish Council as Member and President, and as a Parish Trustee.  He was instrumental in the creation of the St. Sebastian School Foundation, providing for the long term support of the school.  Other Boards include the Cathedral center, The Wisconsin Club, Milwaukee Rotary.  He served as President of the Western Racquet Club and the St.  Thomas More Lawyer's Society; he dedicated many years to the Harambee School Development Corporation.

Happy New Year!

One more year down.  I have only two years to go on Wisconsin prison sentence.  The record shows most inmates do not make it.