Category: Uncategorized

Note: from a police officer who was assisting in the undercover operation.

I observed Shelly at the drivers side door attempting to get the driver
out of the Chevrolet. I parked my marked police unit in the
street on Quicksilver and got out quickly and told Shelly that I was
coming to help. As I was running towards the drivers side of the
Chevrolet SUV I could hear other persons yelling and what sounded like
a struggle on the passenger side of the Chevrolet SUV. Just as I
got to the driver’s side door I heard a "pop" noise from the passenger
side of the the Chevrolet SUV and I thought that someone had used their
Tazeer on the subject. I heard someone make a grunting type sound
as I have heard when someone gets Tazed. I started around the
front side of the Chevrolet SUV to see if they needed assistance and I
heard Julie say "I shot him". I could see Julie standing to the
east of an unknown male who was laying face down on the ground and Sgt.
Doyle was on his knees on the west side of the subject….

Connor says he saw blood on Rocha’s back left. Schroeder
handed him her gun saying ‘take it’ and he placed it on the seat of her
car. He noticed a Tazer approximately 6 feet to the west of Daniel.
Next to the door that Daniel had exited, he noticed a bag of marijuana.

Enclosed is a memorandum sent to Ramsey Muniz
regarding his legal case. Know that we are
very encouraged about this information, and
remain optimistic. Please distribute.
==Irma L. Muniz, via Sixth Sun Mailing List

July 28, 2005

According to the court, under the sentencing
guidelines, the offensive level applicable to your
case was 37, category VI. With this in mind, the court
found that the punishment in your case was mandatory
life imprisonment. Under the guidelines (see sentencing
transcript at p. 29) it appears that this finding is
incorrect. Level 37 with 9 criminal history points is
not category 6. It is category 4. (See sentencing table).
Thus, under category 4, the punishment required by the
guidelines is not life. It is 292-365 months [24-30 years]. The court
did it wrong. While this error appears to be harmless, under the
section 841 enhancement (with 2 prior convictions), the
contrary is the true. The record does not show that the
government followed the proper section 851 procedure.
To apply the section 841 enhancement, the government must
file a section 851 "notice" before trial (selection of
the jury). Here, the court’s docket does not show such
filing. The only "notice" concerning section 851 was
given at sentencing hearing concerning the enhancement.
(See sentencing transcript, at page 3). If this is
true, the government followed the wrong procedure and
there is law to support this fact. Your sentence of
life is void because by not filing the section 851
notice (before the jury selection), the government did
not give proper jurisdiction to the court. It has no
jurisdiction over the enhanced penalty of section 841.

With the available record, it is possible to assume
that this conclusion is correct. Nevertheless, we must
be 100 percent sure that this fact is accurate. Send
this letter, the sentencing transcripts, and the court’s
docket to Jesse Gamez for corroboration.

We have a jurisdictional argument for any court, at
any time, because a jurisdictional issue is never waived
or restringed by the AedpA’s 1 year time limitation.

www.freeramsey.com For background on Ramsey Muniz, see TCRR special report: Narco Politics vs. Civil Rights.

Or (to mix our literary allusions) as Thoreau very nearly said:

Practically speaking, the opponents to education reform in Texas are not a
couple hundred politicians in Austin, but a hundred thousand merchants
and farmers in the rest of the state, who are more interested in
commerce and agriculture than they are in humanity, and are not
prepared to do justice to children or their education, cost what it may. I quarrell not with elected foes, but with those who elect them, who
co-operate with them and do their bidding, the voters, without whom the
elected suits would be harmless, perhaps even willing to appear able.

Would you re-elect a representative, senator, lieutenant governor, or
governor who helped to pass a state income tax for education? Yes or
No?  See poll at home page, because after a while, we have to ask
if WE are ready to help solve this problem.  Can’t blame the lege
if nobody’s votin’ on THIS question.

Note: The first ‘yes’ vote comes from the
editor. In the past 48 hours the poll has gone from a Lone Star state,
to a Texas two-step, and now look! There’s a crowd! Three (count em)
Texans on
record.  At this rate, we reach a quorum for justice in some
future millennium yet to be calendared.  Hang in there, children
of Texas, if we won’t fund the schools, we’ll damn sure build the
prisons!

Dear Friends:

After having been through surgery, Ramsey was taken to ICU, and I believe that he is still there. He is doing better. He is able to converse and reflect on family, friends, and the grave illness that he has experienced for the past several weeks.

The surgical procedure consisted of cleaning his intestines, as they had a tremendous amount of infected fluids. Doctors did not see a bile leak.

Ramsey still has infected fluids that doctors continue to suction out. He has a tube inserted through his nose and four other tubes inserted through small incisions on his stomach. They continue to give him antibiotics in hopes that they will minimize the infection so that his body begins to fight on its own. His kidneys are functioning normally and his will to survive is strong. God willing, he will overcome this illness.

Again we thank many families and friends who have prayed for Ramsey, expressing hopes that God restore his health. Love and positive energy are powerful forces that can bring about profound change.

With gratitude and love,

Irma Muniz