Читать книгу Brilliant Minds in Captivity - Roger W Upchurch - Страница 5

You must be careful trying to help people

as it may land you in prison.

Sam is an Amish man I met and play cards with. He loves to go to the chapel where there are TV’s and you can install DVD’s and watch movies. I thought the Amish did not use electrical things like that. Sam is just trying to do good and thought he was helping people. Here is his story as per Kentucky Today

By TOM LATEK, Kentucky Today

LEXINGTON, Ky. – An Amish farmer has been sentenced to six years in federal prison for selling improperly labeled herbal salve.

U.S. District Judge Danny Reeves handed down the sentence against Samuel Girod on Friday in Lexington. Outraged supporters of the rural Kentucky farmer pledged to seek a pardon from President Donald Trump. Girod, 57, had been making and selling Chickweed Salve for years from his farm in Bath County, a half-hour drive east of Lexington. The Food and Drug Administration labeled Girod’s salve a drug, which brought it under federal regulation.

Prosecutors accused Girod of manufacturing the herbal salve in an establishment that was not registered with the FDA and packaged in a container that “failed to bear labeling containing adequate directions for use.”

Reeves ordered Girod to pay $14,239 in restitution and another $100 per count assessment equaling $1,300. In addition to his sentence, Girod was ordered to three years of supervised release after which he could resume making his products in a legal manner.

Girod, who represented himself, declined the judge’s invitation to make a statement at Friday's sentencing.

“I do not waive my immunity to this court,” Girod told the judge. “I do not consent.”

Carlton S. Shier, IV, Acting U. S. Attorney for the Eastern District of Kentucky, said Girod “brazenly placed the public at risk” by manufacturing and selling homemade products to businesses in numerous states that do not comply with FDA regulations. Shier said one of his products was dangerous when used as recommended and all three products were advertised in a way that did not comply with the law.

Girod’s products were marketed to treat numerous health problems, including skin disorders, sinus infections, and cancer.

Prosecution evidence showed that a federal judge in Missouri ordered Girod to stop manufacturing and selling his products in 2013 until his labeling and advertisement of the products met FDA regulations. Despite the court order, Girod continued to make and sell his products in Indiana, Wisconsin, and Illinois.

As part of the 2013 order, inspections of Girod’s facility in Bath County were required to ensure his compliance. In November 2013, two FDA Consumer Safety Officers tried to inspect Girod’s facility, but they were prevented by Girod and others on his property.

The U. S. Attorney’s office said after the criminal case against him began, Girod tampered with a witness, failed to appear for court proceedings, and was a fugitive for several months.

Girod’s appointed standby attorney, Michael Fox of Olive Hill, described defending his reluctant client. “Early on, Sam told me the only counsel he would follow was from Jesus Christ. Unfortunately, when you do not have someone familiar with the legal process, there’s likely to be a bad result.”

“I don’t think there was ill intent,” said Fox. “Sam Girod does not want to hurt anyone, and the evidence at trial was that no one was ever hurt. His punishment of six years in prison is a harsh punishment.”

Close to 100 supporters of Girod, including many in the Amish community, waited outside the federal courthouse for the results of the sentencing. Former Arizona Sheriff Richard Mack was among them.

“This is absolutely insanity,” Mack said. “What is the number one thing that the government is supposed to be doing in our country? Preventing injustice. And they are the ones promoting it today. This is the FDA and Judge Reeves creating a criminal out of an innocent Amish farmer.”

Reeves said Girod would not accept responsibility for his actions and recognized no one’s rules but his own.

Speaking to Girod, Reeves said, “You refuse to listen to anyone but yourself or the advice you’re getting from supporters. And you’ve been getting bad advice.”

Judge Reeves ordered the district court clerk to file a notice of appeal on behalf of Girod, to the U.S. 6th Circuit Court of Appeals in Cincinnati.

Early on, Sam told me the only counsel he would follow was from Jesus Christ. Unfortunately, when you do not have someone familiar with the legal process, there’s likely to be a bad result.”

Good luck Sam.

Will is a young man I met the other day and he told me he would be here for only thirty days. He said that he got a full sentence of ninety days.

H ere is his story of making someone a felon for life.

He spent sixty days in the county jail and transferred here. Will is about 5' 10: tall, thin, and about 160 pounds. He is clean-shaven but before he came in, he had a full beard. His mom is from Spain and his dad is American. He was born in New York and spent most of his time with his mom and spoke Spanish better than English. He says that he has a better understanding of what Spanish means. At the age of around thirty, he met his now-wife in New York. She is a professional woman and they moved to Indianapolis for her career. She was the breadwinner, and both were fine with that. He did some odd jobs and cared for elderly people. They lived in a half a million-dollar home in an exclusive area. With his full beard and long hair, he looked middle eastern. He believes a neighbor thought he was a terrorist and reported him. He filled out a passport application to go to Spain and did not put his Fathers middle initial on it.

One day the knock on the door came and it was the FBI questioning him and his wife. They even went to his wife's work. They were accusing him as a terrorist but the only thing that they could find was the missing initial on the passport application.

Will is a shy man and the stress of the pressure from the FBI was really getting to him. I was affecting his marriage. His wife said that it was not that big of a deal so just plea and get it over, you will just get probation. He said that he did nothing wrong and would fight it alone. He said he wanted a divorce so she would not have to deal with it. He got a court-appointed attorney, and he also was promoting a plea deal. He said you can fight the Government, but they will not stop and may find something else. Against his better judgment, Will took the plea. He said that he would not take probation as he will not answer to officers for a year or longer and dance thru their hoops. So, on the day of sentencing, he left his wife a note and told her he was going to prison and he would not call her until he got out and talk to her face to face. At sentencing, the Judge ordered him to one-year probation and Will refused that. The Judge had no other choice to give him prison time. They ordered him to ninety days in prison. They incarcerated Will that day. I met and talked to him about every day until he left, and I have not heard a word from him since.

My Thoughts:

I can't believe that the FBI would spend so much time and money and they could find nothing but an omission on a passport application. I think Will was letting his pride and dignity stand in the way of his freedom. Go back to his wife and focus on today and tomorrow and not the past.

Today is Thursday, May 24th, 2018, and starting my eight months here and it seems like it is going amazingly fast. Last night a neighbor from two cells down handed me a glass of something and said here taste this. I took a sip, and it was good; I said what was in it and he said that it was vodka and Mountain Dew Ice. Maybe I would not have tasted it if I knew what it was. Or maybe I would. I have said that you can get everything in here you want except for women. I really cannot say that I heard stories that up until about five years ago there was a hotel across the street and a lot of prostitutes worked there. Men would go there instead of work and even sneak out at night to go there. The hotel is closed and abandon and looking shabby. I even heard that men would sneak girls in the camp and hide them under the bed. Then I heard that there were some sexual diseases going around. I am glad I did not take part. Most camps did not have a fence, and we did not have one until about five years ago. When I got here, the gates were never closed and men were going out at all hours of day and night. Shortly after I got here, and we had a new Warden he started locking the gates at night. Now they must go over the fence to go get contraband and they do.

Lee one of my friends that I Play cards with just came back from the hole, he got caught smoking. He spent 30 days in the hole (sounds like a song). He said it was not fun, and it was an 8’ x 8’ with bars on the door with a slot to pass you your food. It has a bunk bed, toilet, sink, and a metal desktop hanging off the wall, no privacy if you have celli. He said you only get out one hour a day outside and his time for that was 6:30 am and you had to be shackled so most of the time he passed on that. Two showers a week and no TV, no phone and no commissary does not sound like fun.

While in there he got some terrible news that his wife at age forty-seven died of a heart attack. The Chaplin was the one who came and told him. They said that he could not leave to attend the funeral but if they filmed it, he could watch it in here, he passed on that. What a shame!

Just as Lee got back another inmate John was sent to the hole. John was the one to give me the Vodka and Mountain Dew Ice, and he was always drunk and thought he would never get caught. He just got hired as a town driver, a job I want. He was talking on a cell phone when an officer walked by and saw him and gave him a break by looking at him and then walking on. John should have got the clue, but he thought they protected him. The officer came back around, and John was still on the phone and then the officer had no choice but to write him up and send him to the hole. He only had about sixty days to be released but this took away some good time and added three months. He was getting out early enough to go to his daughter’s graduation but now he missed it. He just has taken the town driver job the best job here and he lasted one day. How Stupid!

Here is a letter that I wrote to President Trump, of course, I did not get a response, or maybe it never got out the front door.

President Donald Trump

1600 Pennsylvania Ave NW

Washington, DC 20500—0200

January 26, 2018

Mr. President Trump

I listened to the speech you gave in Switzerland, and it was a great speech. I think you have done a great job in creating more job opportunities, free and fair trader along with having the lowest unemployment rate in years. The Stock Market continues to break records over and over again, and the Tax Reduction for corporations and middle and low-income people is much better than it was. I believe you are also on point with your stance on energy and foreign trade. I like that you want to invest in our military so that they will be second to none. Your willingness to work with other countries, granted, with a strong hand, and do what is humanitarian right is impressive. You are making America great again! Almost!

Mr. President, I wonder if perhaps you are not aware of one area of our Government where corruption seems to be running rampant? I am speaking of the Department of Justice. Some agents use corrupt tactics and only seem to be interested in putting feathers in their caps, with more and more indictments being leveled on more and more U.S. citizens, whether they are guilty or not! The DOJ is destroying many of the businesses that help to make America great again! There are so many brilliant minds being wasted and warehoused in prisons and prison camps that could be giving a positive input into society. The DOJ is costing the Government millions of dollars a month.

I agree wholeheartedly with your ideas about the wall, your stance on immigration, and DACA should be approved with your restrictions. But there are brilliant minds in captivity in our prison system that do not need to be there and should have more rights than illegal immigrants. Those minds, in most cases, can be more productive in society and help Make America Great Again.

Mr. President, you are a businessman, and I have always admired you. You also stated that you have failed at times, but you changed and kept ongoing. I'm sure that you have made some business decisions and taken some risk adventures that you regret, but you continue to look to the future and ^r not dwell on the past.

Mr. President, there are brilliant minds in prison and prison camps. There are doctors, attorneys, builders, CEO's, military men, businessmen that, like you, have lost their businesses and families due to making a mistake, or failure, or maybe a decision they regret. When the DOJ no matter what department, goes after someone or company, they will find something wrong, no matter how small or petty. They coerce, bully, lie, and trick you into taking a plea deal, all the while threatening one's wife, family, and even friends. Wouldn't you agree that millions of dollars would be saved if Federal Judges and Federal Prosecutors were to sentence First Time, White Collar, Non—Vi01ent, brilliant—minded offenders to some sort of Home Detention or work release program? I am working on programs to help released inmates and offenders. Also, there are many of these men, including myself, that are over the age of 65. If these men were released the savings in medical care alone would be in the millions, again for the White Collar, First Time, Non—Violent offenders.

I believe the things I have outlined in this letter would truly

"MAKE AMERICA GREAT AGAIN"

With Sincere Thanks