UNC Law Professor Claims, "If we give Victim's rights it will interfer with the Constitutional Rights of the Criminal."

      

May 8, 2013

Re:  Follow-up pursuant to our meeting (04/25/2013) on Capitol Hill after the Congressional Hearing on VICTIM’S RIGHTS.  H. J. RES. 40, the “Victims’ Rights Amendment” 

Professor Mosteller;

     I woke this morning in a mood, could be because my MURDERED son’s 25^th Birthday CAME and WENT as it has for the past three years; WITHOUT JUSTIN’S FEET ON THIS EARTH.  Mother’s Day is passing for the THIRD year, too.  I WANT MY SON BACK!  

     The following is my opinion and being a southerner I would normally excuse the use of my opinion; however, not this time.  Nor do I feel the necessity to offer an apology for the following manifesto, should my words offend, after what my son has been through, with all due respect, “I could care less”. 

     Someone must stand up and say something!  I began typing in capitals after my son was MURDERED and no one in the judicial system cared or listened; they thought I was like most people and I would just crawl away.  I have never crawled away from anything in my life.  Mother’s call me from all over the USA because I stood up and told the judicial system where to put themselves.  Now I do this for the mother’s who cannot fight.  We will win justice for the VICTIMS’.

It is time to call 'a spade a spade'...American Citizens who become victims of violent crimes DO NOT HAVE ANY TANGIBLE RIGHTS!  Born in America and bestowed at birth with 'Inalienable Rights' yet the system touts that only CRIMINALS have rights.  Really?

     ANY interest [on the part of the current judicial system] involving rights of [good, law abiding citizens] has vanished in a quagmire of red tape allowing for a breakdown filled with corruption and [a tilting of the Scales of Justice toward CRIME as a CAREER].  The judicial system makes MONEY FROM EVERY CRIMINALS insidious acts against humanity; the victims/survivors pain and loss are ignored.  “A BUSINESS”.  Some business these folks are running out of OUR Nation’s courts; looking in the mirror each day should be more than just awkward.

     Criminals who have committed heinous acts of violence against good, law abiding citizens should be stripped of any rights.  Military corps strips soldier, of their rank and rights, when they commit a crime against this country or the Geneva Convention.  Violent criminals, with proof and confession, should receive immediate sentencing.  Allowing CRIMINALS rights AND taking away ANY RIGHTS of the Innocent Victims allows CRIMINALS to 'stick it to the public at large'.

     Our forefather’s demanded that of every American Citizen be first and foremost in our country’s Constitution and Declaration of Independence.  These two historical foundational documents were not labored over and carefully written by our forefather’s so that modern day [money mongers] could become wealthy!  Wealthy at the expense of focusing on IGNORING the LIFE of good, law abiding citizens touched by CRIMES OF VIOLENCE; over and over and over again.  Our Forefathers cared about "WE THE PEOPLE"; ergo, the reason THEY chose to begin our Nation's Historical document, “WE THE PEOPLE of the United States….”  I am keenly aware most know these historically touching and infamous words as well as I; but it appears, unlike many, there are many more US citizens who care far more about choosing to [live-up] to these words.

     The Constitution drafted by our forefathers; forefathers possessing far more sense than the DOLTS currently drowning our Nation; our Forefathers' were not blinded by status, money and GREED.  Citizen’s rights and their life dilemmas were not ignored; the government’s interest WAS for Citizens safety, protection and RIGHTS.  

I have had enough of the ludicrous antics of government, the police, lawyers and the judicial system [as a whole]; this [so called] ‘judicial system’ is purposely twisting and misconstruing the meaning and intent of our Nation’s laws for monetary gain.  

     I was forced, by the MURDERER of my wonderful SON, into this Twilight Zone of our Nation’s [so called] ‘judicial system’.  I learned quickly the system is not damaged; it is COMPLETELY BROKEN.  An utter ruse; I learned the stark and lurid truth [as a state asstistant prosecutor] SCREAMED THE FOLLOWING WORDS IN MY FACE, “IT IS A BUSINESS”.  People’s LIVES have nothing to do with justice; justice has NOTHING to do with justice.  That is, Unless you’re the CRIMINAL. 

  

     The heinous and senseless murder of my beautiful son, senior and scholar, at the University of Maryland; Justin DeSha-Overcash was murdered in his College Park rental home at 11:27 AM by a Prince George’s County repeat offender on January 11, 2011.  In the past 2 years, 6 months and 4 days [when I email this 07/15/2013] since my son [and only child] was murdered [in his own home, in broad daylight, doing his laundry]; Justin lost his life [TWENTY TWO YEARS YOUNG] protecting his friends [and ultimately SAVING them] from an armed IDIOT wearing an ankle monitor that the murderer received for a Felony II Handgun Charge TWENTY TWO days before shooting my son to death with callous and evil disregard.  

My beautiful son’s murderer’s education IN CRIME began in Prince George’s County, MD in 2007; this is the actual date recorded by the [police and documented as their first encounter] with this up and coming MURDERER.  This CAREER CRIMINAL committed crimes against society each worse than the last; he graduated on the date he MURDERED MY SON.

     **At the age of TWELEVE MY SON WAS INVITED BY DUKE UNIVERSITY TO TAKE THE SAT.  Let’s see now; a career criminal [MURDERER] of my SON who will be allowed to rape, pillage and plunder via ludicrous and constant appeals, year after year, COSTING TAX PAYERS A TON; THE DEFENSE WILL STAND UP IN A COURT ROOM AND LIE FOR THE CRIMINAL SO THEY [defense] RECEIVE A PAYCHECK.  So in other words the CRIMINAL’S ACTS AFFECT and AFFLICT EVERYONE EXCEPT THE CRIMINAL and THE JUDICIAL SYSTEM.  Common sense is LACKING in this world and has been completely eradicated from the current [so called] judicial system.

 

     Let us do an experiment utilizing the current judicial [slight of hand] method of justice; BUT MY WORD will be the final outcome.  Who should be ignored; The MURDERER or A FUTURE SCIENTIST? 

     The day JUSTIN was MURDERED ~ A Future SCIENTIST with 174 credits [a ‘B’ in Quantum Physics]; double Major Physics & Astronomy, minors in Geophysics/Math, TA Physics Department [first semester sophomore year], TA Astronomy Department [2^nd semester sophomore year], taught a course [senior year], tutored UMd’s athletes’ [4 years ~ they requested him; Justin had the gift of being able to put stat, calc and physics on a level those not gifted with a mathematical mind could understand and remember], beginning Justin’s junior year he is approached to participate in research on “The Earth’s Core Mantel” this honor garnered scientists’ interest in Justin’s theories and research [the only underclassman on the project] during the AGU Fall 2010 Conference in Los Angeles, CA., worked with the UMd Observatory for four years holding a position of tenure, worked every UMd Day~Astonomy tent, a credit score of 742 and even though JUSTIN had never seen a GUN he forfeited his life for two others; by the way Justin could do statistics in his sleep; MY SON KNEW THE PROBABILITY OF HIS NOT LIVING THROUGH THIS MURDEROUS CRIMINALS ATTACK AND YET JUSTIN CHOSE TO BE BRAVE…How would YOU like to know YOU are about to be MURDERED; well Justin, my son, my constant, my love, my heart beat knew and DID NOT FLINCH from this heinous, evil, CAREER CRIMINAL, NOW [first degree] MURDERER! 

     I am an American Citizen, MY SON, with or without a heartbeat, is an American Citizen. I REFUSE to allow this ‘judicial system and government’ to receive paychecks from the senseless, heinous and sadistic murder of MY SON; OR ANY AMERICAN CITIZEN’S LOVED ONE TAKEN BY VIOLENT CRIME.  [ie. TRAVON MARTIN]

     I AM AN AMERICAN CITIZEN WHO IS NOT GOING TO SIT BACK AND TAKE IT.  EVERY VICTIM HAS RIGHTS and WE’RE TAKING BACK OUR RIGHTS TO RECEIVE JUSTICE and BE PROTECTED FROM EVIL as the laws state.

I remain Justin’s proud, loving, will fight for rights, heartbroken momma.

So You Believe Everything You SEE, READ and HEAR?

One of Justin's many hero's and mentor:

MALCOLM X

"The press is so powerful in its image-making role, it can make the criminal look like he's a the victim and make the victim look like he's the criminal. This is the press, an irresponsible press. It will make the criminal look like he's the victim and make the victim look like he's the criminal. If you aren't careful, the newspapers will have you hating the people who are being oppressed and loving the people who are doing the oppressing.
If you aren't careful, because I've seen some of you caught in that bag, you run away hating yourself and loving the man — while your catching hell from the man. You let the man maneuver you into thinking that it's wrong to fight him when he's fighting you. He's fighting you in the morning, fighting you in the noon, fighting you at night and fighting you all in between, and you still think it's wrong to fight him back. Why? The press. The newspapers make you look wrong."
Speech at the Audubon Ballroom in Harlem (13 December 1964), later published in Malcolm X Speaks: Selected Speeches and Statements (1965), edited by George Breitman, p. 93

 

 

 Karen DeSha There are many, not ALL, [just the so called 'journalists'] who blatantly lied in articles and televised 'melodramas' [killing Justin  over & over & over] in their attempt to garner more readers and viewers...Their mantra HELL WITH THE TRUTH! 

 

I remain Justin's [disappointed; when there are people in positions who could MAKE CHANGES come to fruition but they are too self-absorbed] momma

Vison, Imagination or Just a Dream [my murderered son finally came to me in a dream]

My recent dream of Justin [finally he came to visit me!!] seems to be allowing me to make small strides in my attempt to trudge sadly toward returning to the real world; even though Justin's feet are no longer on this planet. I hope this is a good sign that I may sadly find a place for the loss of my wonderful son, Justin; thus, finding a purpose to live. This has not been a path easily traversed; I liken my trip in [surreal land] to a severe emotional overload. Suddenly one is thrown into uncontrollable 'ups & downs' forcing you to succumb to emotions never felt. One becomes hypersensitive developing a true sense of hopelessness which encases you. In my case; I suddenly experience emotional waves that bring on unrelenting and continuous crippling levels of physical, mental and emotional agony; a level I have never known. I would describe what I sense as standing upon a breaking ledge in the ultimate, "shoulda, woulda, coulda" life's moment. I keep remembering what Dr. George Armstrong said to me on January 11, 2011 when I phoned and woke him at 11:10 P. M., "Cry if you're crying, laugh if you're laughing and try to put one foot in front of the other each day." Since loosing Justin the 'try' part was not available in my life's equation; until Justin came to see and speak with me. Thank you Honey...love you always, I remain Justin's confused momma ♥

VICTIM'S/SURVIVOR'S Deserve EQUAL Constitutional Rights and Protection

https://www.ncjrs.gov/ovc_archives/reports/impact/impact.htm

Pursuant to VICTIM'S/SURVIVOR'S [Rights] Citizen's must continue to demand receipt of constitutional rights, equal to the constitutional rights being received by Offenders.

For real JUSTICE to prevail change is ESSENTIAL and INEVITABLE. Continued appeals brought about by the Offender, and his defense, does not allow the Victim's/Survivors ANY opportunity to find even a modicum of CLOSURE in the current judicial system! These continued and constitutionally granted appeals focus on 'unbelievable' rights and actions perpetrated by the Offender and their defense. Excessive appeals and demands placed upon the judicial system by the Offender and their defense forces taxes upon each state [and of course the CITIZENS pay the price]. Why do you think it is referred to as "The Criminal Justice System" when in fact the system should be named; The VICTIM'S Justice System".

It is my opinion; when an offender is incarcerated any [and ALL] monies received be the Offender, for any work position, they are assigned while imprisoned should be transferred into an account restitution to the Victim/Survivor but also should be used toward the Offenders personal upkeep while in prison. Lightening the taxes American Citizens pay to support these Offenders.

Currently in America when an Offender HARMS an American citizen EVERYONE pays and suffers for the Offenders choices and decisions; EXCEPT THEM!

I remain [you ain't gonna believe or understand what is wrong in our judicial system] momma

I DID NOT SEND MY JUSTIN TO COLLEGE TO DIE

FINALLY!!  My son, and only child,  Justin may have been alive along with hundreds of other college students!  Higher learning OWES students protection; University's across the Nation do not care about the students welfare; GREED knows NO bounds in America's society today!?  

"SOMEONE HAS GOT TO STAND UP AND SAY SOMETHING."  By~ Justin's devoted momma

The federal Victims’ Rights Amendment will be introduced this week

Message from Roberta Roper [Founder of Maryland Crime Victims] and mom of Stephanie Roper:

April 23, 2013 [re-posting]

The federal Victims’ Rights Amendment will be introduced this week.  There will be a press conference on Thursday, April 25th at 1o AM at the House Triangle on the southeast corner of the US Capitol  building followed by a hearing at 11:30 AM in Room 2237 Rayburn Building.

I  strongly urge those of you who can attend to join me & be a presence for our loved ones in supporting this effort.

I am Justin's [SEE YA'LL IN WASHINGTON, DC ON THURSDAY MORNING] momma

Victims [and survivors] of Violence must be protected and MUST HAVE RIGHTS, NOW!

UPDATED REWARD FLIER $$$$ CASH REWARD~UP TO $ 15,000.00 $$$$ Leading to ARREST and CONVICTION IN ANNIE McCANN'S DEATH

Subject: ANNIE McCANN [Serious] Investigation
To: "Deanne Rzeczkowski"
Cc: "Mayor" , "Dean Palmere"
Date: Friday, April 19, 2013, 9:23 AM

April 19, 2013

Dear Deanne Rzeczkowski;

I appreciate your email response pursuant to a letter I sent Mayor Rawlings-Blake, dated November 15, 2012, inquiring into the [investigation] involving the murder of Miss Annie McCann [dating back to November 2, 2008].  Having been a resident of Baltimore, MD, for over seventeen years, I am very aware there are many factors involving the high rate of crime Baltimore residents must endure.  I can also say, with conviction, that the BCPD has their hands full; however, by simply going into Perkins Homes and asking questions I am two hundred percent more determined to find the heinous murderer of this beautiful young woman, Miss Annie McCann.

After spending 10 hours, in Perkins Homes, speaking with many wonderfully kind and interested residents I am resigned that Miss McCann was in fact murdered and [dumped] in Perkins Homes.  It took very little time for me to understand that the young men who took Miss McCann's vehicle are just [idiots] of their own life's circumstances.  Certainly, no resident of Perkins Homes [regardless of their lifestyle or background] would have left the body of a Caucasian, middle class, young girl on their "back porch".  Someone [the murderer] brought Miss McCann to Perkins Homes and dumped her like trash.  "They" did this purposefully; "they" knew where Miss McCann's body would be discovered would make a difference in how the case would be handled! 

Over four years is far too long to allow a murderer of children to run the streets of Baltimore City; have they killed other young people?  How did a sixteen year old get into a bar and why would the doorman remember Miss McCann?  Who is the Caucasian male wearing a ball cap and trench coat seen leaving the car?  Why do the multitude of cameras [placed in and around Perkins Homes] show no evidence of this mystery man?  Or if Miss McCann drove herself into the area to [swig] down a half bottle of Bactine how did she avoid all the cameras?  If Miss McCann harmed herself I seriously doubt she would have done so in the parking lot of a SLUM.  Perkins Homes; what a horrible place for human beings to have to live [this is the real HOOD].  If the cameras show nothing of Miss McCann driving into the area; then the murderer knows the placement of the cameras and knew how to avoid being seen entering the area driving Miss McCann's car!  Common sense is the only thing lacking in looking at the horrific circumstances of this cherished and loved child's last moments.

As the McCann's have assured me time and time again; "Karen we know that if the BCPD would just investigate they will find the person [or persons] responsible for murdering our dear Annie."  The McCann's are good people who possess an amazing belief in the BCPD; they believe in your police departments abilities PLEASE do not let them down.   

Please get this murderer off the streets of Baltimore City, allow Miss McCann to receive justice, restoring her honor and religious beliefs.  The McCann's will never know closure; as the parent of a murdered child I know there is no closure.  However, restoring the McCann's faith in mankind and exonerating their sweet daughter [Annie] would allow them to possibly free themselves from the current emotional, physical and mental quagmire in which they have been entrenched since November 2, 2008.  Your department should keep them firmly "in the loop", Annie is their daughter, their child; they must be involved.

Thank you for your time; God bless.

I am Justin's momma