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Letter to Senator Tom Coburn

Senator Tom Coburn James Bauhaus
Russel Senate Ofc Bldg, rm 172 LCF-88367
Washington, DC 20510-3604 Lawton, OK 73501

Dear Senator Coburn,

Thank you very much for your reply. I am grateful to have both attracted your attention and been encouraged. Oklahoma State officials ignore my entreaties, probably because I can’t vote; they consider me a nonentity, an( thus I get no representation despite my retaining my citizenship. Also, the prison officials delayed delivery of your 11-6-07 letter until last night, ostensibly because it did not have my number on it. State-level officials, I suspect, also avoid my case because it is obviously a conviction obtained by fraud, similar to the cases of Officers Ramos and Compean.

The problem with the law system that allows the prosecutor-judge teams to make totally subjective decisions on what the jurors are permitted to know. They work together toward conviction, which benefits them, and against acquittal, which hurts their careers as acquittal is taken as a waste of time, effort and money. The end result is a bias toward concealment of contrary evidence and a bias toward conviction, whether conscious or subliminal, on the parts of all officials involved in obtaining convictions.

Appeals judges likewise have a conviction-preserving bias, which is part of the reason why Columbia University Professor James Liebman uncovered a seven percent false-positive rate among death row prisoners in his 2000 study “…A Broken System”, and why Illinois Gov. Ryan shut off his state’s death machine after it was uncovered to be no more than 50% accurate through DNA technology.

The judiciary fixed this concealment of evidence problem as best they could 44 years ago in Brad y v MD 373 US 83 (1963). Mere case “law”, however, is a very poor substitute for actual statute because it is wide open to creative interpretation by appeals judges, who have this conviction preserving bias. (NO one likes to have their work undone.)

A much better fix would be a federal statute stating Brady vs MD findings and revoking all the caselaw exceptions and time limits added to it later. Brady told prosecutors to volunteer to the defense all exculpatory evidence, A statute to the findings in Brady would re-establish justice and be much harder to circumvent than verbose, nebulous, confusing, often conflicting, serial caselaw opinions.

Senator Coburn, I wrote you precisely because you are not an attorney. Legal professionals all run away from my case at top speed, they all hide their decisions about it in “unpublished” opinions, and they STOLE my escape trial to prevent me from using it as a public forum to expose police records of the frauds used to obtain conviction. Now the FBI has uncensored proof of their conspiracy to prevent the killer’s blood from being analyzed. These records, (some enclosed) now prove that the prosecutor deliberately lied to jurors to deceive them into falsely thinking that only one blood sample, (instead of the nine) was collected, and that it was too small to type.
I also wrote you because you already know something about how legal professionals are: they can justify their maintaining a legal practice, yet somehow make it appear wrong for you to maintain a much more important, beneficial and altruistic medical practice.

And, legal professionals despise my next proposal.

You know of functional magnetic resonance imaging brain scanning lie detection. It will eventually improve the administration of justice as much or more than did DNA technology when it finally forced its way into court rooms.

FMRI lie detection is now 90 to 95 percent accurate. The lawyers are fighting tooth and claw to prevent a small fraction of the statistically proven 435,000 innocents in American prisons from desperately trying to obtain our right to this technology, primarily under the “redress of grievances ” clause of the Constitution.

We feel we are owed this when we prove deliberate theft of innocence proving evidence by the state. This system-wide problem needs legislative law to fix the flaw for everyone, and it short circuits the process when pardons are given instead of repairs. Persons with no money or influence depend upon the powerful falling in these same traps. E.g, thanks to Pattie Hearst, we got actual speedy trials with an actual time limit, rather than a judge’s smug declaration that we had one. Thanks to O. J. Simpson, police manufacture of evidence was exposed and lessened considerably. Thanks to Rodney King, dash cameras protect motorists. Thanks to DNA, fewer innocents die in prisons and are executed. Thanks to Officers Ramos and Compean, and you, evidence chicanery can finally be codified into law rather than suffer capricious interpretation by individual judges as exceptions to Brady v MD.

And, hopefully, you can help us innocents get modern scientific FMRI lie detection technology, already proven accurate by science, past recalcitrant judges to not just free the innocent, but to capture the culprit. (The killer in my case is easily found in police and prison records, were they accessible.) Please get us our right to FMRI.

I hope I have not taken up too much of your time, and I hope this is sufficient to obtain your support. They will not let us access typewriters to address officials, and my hand cramps from writing. Please help. If it weren’t for Statesmen like you, Patrick Leahy and others, many of us would have simply hung ourselves, so hopeless is it to try and get reason and/or fairness from the legal monolith.

Thank you for listening.
Sincerely,
James Bauhaus


Reply From Senator Tom Coburn, M. D.

Mr. James Bauhaus
LCF-88367
Lawton, Oklahoma 73501-9765

Dear Mr. Bauhaus,

Thank you for writing me again regarding your legal case. I read every letter written from the Sooner State and welcome the opportunity to respond further to your concerns.

I appreciate our discussions and respect your positions. I appreciate your gracious feedback relating to my responsiveness to your letters. I believe all elected officials should aim to be sensitive and have a servant spirit when addressing their constituents.

You are certainly correct that career politicians in Washington often care more about their next election than what is in the best interest of their constituents. Furthermore. the lack of ethics and moral courage is unacceptable. You are right to point out the inconsistencies of the so-called ethics reform and systems. The ethics rules are often contradictory and fraught with loopholes. Nevertheless. I strive to conduct myself self as my constituents would want me to. I believe we need greater transparency in Washington and I welcome the accountability provided by the electorate.

As I have previously mentioned. as a United States Senator I cannot get involved in your case. What hat I mean by this is that I cannot pardon, commute or change your sentence. Furthermore. I do not have jurisdiction over state prisons or the systems therein. However I can and do aid federal prisoners by requesting, information about their treatment, care, and alleged abuse in the prison system. I can do this by conducting rigorous oversight of the Department of Justice and the federal Bureau of Prisons. But as I mentioned above, I do lack legal authority to formally review the merits of your incarceration or assert any new rights on your behalf.

If your current civil rights are being violated by Lawton Correctional Facilities guards, I would encourage you to inform the Associate Director of the Oklahoma Department of Corrections (DOC). who manages the Lawton prison facility as well as your local Oklahoma legislators who have oversight authority over the facility. Ed Evans is a senior official within DOC who is tasked with carefully and impartially reviewing the way in which you and other inmates are being treated at Lawton. Moreover, your serious concerns about Lawton’s management, purpose, and conduct of prison guards should he appropriately be brought to the attention of your local representatives. I have provided their contact information for your review.

Ed Evans
Associate Director
Oklahoma Department of Corrections
3400 N Martin Luther King Ave
Oklahoma City, OK 73111-4298 (405) 425-2550
Senator Don Barrington Representative Don Armes
2300 North Lincoln Boulevard, Rm. 533A 2300 North Lincoln Boulevard. Rm. 304
Oklahoma City, OK 73105 Oklahoma City. OK 73105
(405) 521-5563
(405) 557-7307
barrington@oksenate.gov donarmes@okhouse.gov

You may also want to contact the Office of Jail Inspections. Don Garrison would be the person to speak with. I have provided his contact information for your review.

Don Garrison Oklahoma State Jail Inspector
1000 N. E. 10th Street Oklahoma City, OK
73117-1299 (405) 271-6868

Lastly, as a member of the Senate Judiciary Committee, I will carefully review any nominee President Obama nominates to the federal judiciary. Similarly, with regard to federal prisons. I will continue to hold the Department of Justice accountable for their management of federal detention facilities.

I, too, join you in calling for a higher standard of professionalism and statesmanship for all level of government. but particularly Congress. I believe one solution is term limits, which would put an end to career politicians who are only out for advancing their political futures rather than the best interest of the country.

Again, thank you for your letter. I wish you the best luck in your legal matters. Please keep in touch.

Sincerely.
Tom A. Coburn, M.D. United States Senator