Free James Joseph Grabiec

"Is society setting a double standard when it comes to 'punishment' for people convicted of crime?" (By J. Grabiec, Coldwater, Michigan)

"Punish" is commonly defined as, "To subject to pain, loss, confinement, death, etc., as a penalty for some offense, transgression, or fault." and aslo, "To inflict a penalty for (an offense, fault, etc.)." It is synonymous with vengeance & revenge, i.e., "Infliction of injury, harm, humiliation, or the like, on a person by another who has been harmed by that person." It is worth noting that "inflicting harm" isn't always in a physical sense. Taking away liberties is also a form of inflicting harm. It is that "infliction" aspect and also "administering" concept that needs consideration among society. People are punished for crimes that involve seeking "gratification" for certain offenses, such as: s*x crimes, physical violence, and obviously drug abuse. We communicate to each other that it is evil to seek gratification in vengeful ways; yet society allows gratification when it comes to punishing someone. "Punishment" only satifies the inflictor/administor; it does nothing to benefit the recipient. For such is why our prisons/jails are over-crowded. One needs only to review the details of case proceedings--not the actual crimes committed; and one will see how more often than not that a person convicted of crime was "punished" with stiffer penalties (liberties taken away) for either a past record and/or exercising one's rights. It is common knowledge that "plea bargains" may net a person less time; but what if a person exercises their rights? The wrong committed doesn't lesson when one 'bargains' with the prosecutor for a lesser charge/time. Either way, the "infliction" of harms by sentencing ones to many more years than necessary is a double standard when the sentence is done so as "punishment." Society needs criminal justice reform to eliminate punishment, and implement education/rehabilitation--especially during this world pandemic which is causing many in prisons their lives.

"I want the world to know that I'm under a death-in-custody sentence NOT for murder, NOT for a case involving serious physical injury, NOT for any type of s*x crime, NOT for any drugs, and NOT for any serious financial crimes. While I can't & won't go into specific details about my instant case at this time, I will say that I am guilty of something; just not the 17 felonies I was found guilty of. My crimes that were deserving of a death-in-custody sentence weren't the acts I was convicted of; but rather that I exercised my rights to self-representation and jury trial.

The forces that be would probably counter by saying I was sentenced within Michigan's sentencing guidelines; yet those same guidelines were ruled unconstitutional in 2015 and, the courts were told to conduct some type of "Crosby hearing" to determine if people were sentenced under the unconstitutional portions of the guidelines; but, I never received such, and probably never will. To claim that my sentence was just and fair should hopefully raise questions with "The People of the State of Michigan" because, as mentioned above, with no convictions deserving of a death-in-custody sentence, why do I have more time than someone convicted of murder? Again, my crimes were exercising my rights.

The case and acts thereof were worthy of no more than 10 years for one codefendant, and worthy of no more than 5 years for another codefendant. The "standby" lawyer who was originally appointed to "assist" me but later told not to assist me was supposed to act as a liaison between the court, prosecutor, and myself. The standby & I had a conflict of interest from the start of the case because, he was to act (in the beginning) as co-counsel and do the work & research I needed done. When I asked him to provide some info on things like interlocutory appeal (because I was sure I would never win a motion with the judge) and shepardize some cases, he filed a motion to withdraw claiming he'd done "...over seven thousand dollars worth of work..." so the judge told'em he'd be reimbursed, but denied his motion to withdraw and redrafted the "order on court appointed counsel." These documents as well as the transcripts will be posted as soon as I can possibly get them online.

There was a conflict of interest and tension between the standby counsel & I. So it was no surprise to me that the standby counsel never told me about any plea offer. Since he (Graham A. Teague) is now deceased, I have no way of arguing this issue. I do have a transcript hinting that 'something' must had been offered because, Teague tried to state on the record while acting as standby something about a "...30 year max..." I immeditately cut him off and stated I didn't ask about any plea and didn't want to discuss it... My reasons for doing that was because I'd witnessed how the local media newspaper printed virtually everything in their paper. So when I saw another guy, Jeremy Snead, representing himself and being listed in the local newspaper as having refused a plea offer I was concerned that potential jurors would read that I'd been offered some kind of plea, thus potentially putting the idea in their minds that I was attempting to negotiate a deal, thereby suggesting guilt. If I'd been offered a fair "reasonable" plea offer I most certainly would have taken it. However, each time Teague came to me about plea offers--two or three times--it always involved me having to plead guilty to the habitual offender, 4th offense charge ("habitual 4th") which carried (then & now) LIFE!!! Why would I plead guilty to something that carries life when I wasn't guilty of all the charges, like "kidnapping" because the people were moved from one room to another within their own home(?). And, the habitual 4th DID NOT legally apply to me.

The court/prosecution seemed so vengeful towards me that they charged me higher than I should had been charged. In fact, I let Teague take over for sentencing and told'em to object to the habitual 4th because it didn't apply to me, where I did have 3 prior felonies at the time; but 2 were from the same case/alleged act (the case mentioned in the beginning of these posts), and therefore only habitual 3rd was appropriate at best. The prosecution/court argued that the defense was wrong and upheld the habitual 4th. HOWEVER, prior to filing anything in the Michigan Court of Appeals (COA), the appellate attorney filed a post-sentencing motion arguing that the habitual 4th didn't apply and, the court/prosecution omitted their error and simply resentenced my under the habitual 3rd but still gave me life! Does that prove their vengefulness?"

So my arguments now are: "If" I had been offered a fair plea deal, i.e., appropriate charges since the habitual 4th didn't LEGALLY apply to me, I may have very well accepted a fair plea. Secondly, the attorney told me on 2 or 3 occasions that they were offering a plea to 4th degree habitual, and at his last relay I recall him saying, "Well, you said you weren't interested in pleading guilty to the habitual 4th, right?" I replied, "Correct." He stated, "Well that's what they're still offering." He never spoke of any details so I was under fear that if I pled guilty I'd get life anyway.

The prosecutor at the time, Mr. Douglas Hartung, most likely still remembers me and "could be" a key factor into me proving this issue. At last check, he's an attorney practicing real property law in Adrian, Michigan. I've reached out to him before and got responses, with the exception of a conversation with Michigan's greatest private investigator, Mr. Scott Lewis. I recall Mr. Hartung's demeanor during the 4 day jury trial and, he & I were cordial, unlike what one might expect prosecutor/defendant to be. I never got a negative vibe from him "personally" per se and I was always under the impression that he was just doing what prosecutor's do. Only if he'd help now....

If the case was worthy of "no more than" 10 years for one defendant, and 5 years for another, and 'possibly' 30 years in my case, then isn't that evidence of "over-kill" with the sentences I received? There's case law that claims a person can't be sentenced as punishment for exercising their rights. Isn't there proof that I was sentenced as punishment, when & where I was illegally charged with habitual 4th? And about the kidnapping charges: the prosecution claimed that the people were moved "for the purpose of extortion" because once one person was moved to a room--where a safe was located--and three others held at bay on the kitchen floor, one defendant yelled something to another "supposedly" as an attempt to "extort info." The COA, and the Michigan Supreme Court (MSC), in my opinion, grant a small percentage of appeals only to keep a sense of false hope alive in the eyes of people convicted of crimes. If they denied every person there'd be an uproar and they'd be exposed. So when cases like my case gets justified on behalf of the prosecution by the COA and "rubber stamped" by the MSC, it just goes to show the lack of consideration for human life. If I had tens of thousands of dollars for attorneys I'd be free. I may have committed some acts that were evil; but I certainly didn't commit anything worthy of a death-in-custody sentence.

One week from today (10-20-19) I will turn 45 years old. I'm still in decent enough health that I can get out and get a job. I can work long enough to possibly retire. Whereas if I remain in prison for more years, I'll become a financial burden on tax payers due to aging health issues. If I'm fee I can pay my own way--which I prefer! I've written to "hundreds" of attorneys and law firms over the years and, 99% percent didn't want to waste the time & paper responding. It makes me wonder what "pro bono" really means. I've filed for a commutation with past Gov. Snyder and was denied--twice! Makes me wonder am I really worthy of life(?). Do I really deserve to die in here(?).

I've committed myself to change beginning in May of 2010. I've gone through extensive counseling & therapy with prison psychologists/counselors. I've attended virtually every program I was allowed to attend. Now, dubbed a "lifer" I'm not allowed to attend very many programs. I discovered during the years of counseling that I'd suffered from mental disorders from childhood well into my 30's--and that was disocvered on my own initiative/curiosity. No one within the Michigan Department of Corrections (MDOC) ever suggested to me that I should seek therapy for the issues I had. I never even know I had issues. I owe praise & thanks to MDOC Psychologist Ms. Robin Duiker, who helped me deal with so much. From issues of abandonment, abuse, and much more, Ms. Duiker was that guiding source I needed. I also began reading books by Dr. Samuel Yochelson & Dr. Stanton E. Samenow, as well as other books by Dr. Samenow, and one by Dr. Caroline Leaf ("Who Switched Off My Brain?") I was please to learn that I had taken a path in life which Dr. Samenow laid out in his book. I was amazed at how I'd taken those paths "prior to" reading his material. For example: I was blessed with what I can only attirbute as "divine intervention" with new concepts in my mind like: "I no longer wanted the past to dictate who I was now (then) and in the future." I decided to take control of my life. Initially I knew I had to change because I didn't want to continue to lead my first born son down the same path as I. However, I also thought that I wanted to assist my son as best possible, which meant my change needed to be sincere. That led me to recognize that I had to actually "back up" and realize I had to change "for me" first & foremost or it'd be pointless for anyone else. I also recognized that I couldn't change alone and knew I needed help--professional help, which led me to the only source available to me as a lifer, prison psychologist (and books). Another concept I adopted came from AA/NA, in that just like addicts of chemicals cnsidered themselves "addicted for life" or "once an addict--always an addict" I thought: best to believe that the ways I was thinking needed to be kept in check with what I coined "cognitive maintenance," meaning, I needed some form of therapy "for life" in order to avoid relapse in negative thinking. I also learned the true concept of "adversarial" thinking and learned to put away the idea that "the devil" or some other unseen force could put thoughts in my mind. Dr. Samenow's "Catch, cut off, and replace" helped change criminal thought patterns. This all has taken place in that past 9 years...

Some more words from our friend James:

I want to take this time to give recognition and the utmost thanks to certain people that are actually "in my life" and have proivded support. Even those who haven't been in my life routinely deserve recognition for the times they have provided support. So, first is first: hands down, "Ben" is my friend who has help me set up this page. For without him I'd be so less full of hope. This outlet to the free world means so much to me that I can't express it enough in words. Ben has taken time out of his own busy schedule and out of his own pocket to provide funds to my account from time to time, and to set up this page and advertise it for me. I can honestly say I've known no such kindness from anyone out there. I am ever-so-grateful and once I'm free from this struggle I will certainly owe much thanks and appreciation to Ben. I pray that he & his family are continually blessed each & everyday! THANK YOU BEN!

Next, I have to give thanks to those that have sent pictures from time to time and even a few dollars. Certain ones have done a tremendous amount more than others; but I don't want to get into the comparison because I don't want to spark any negative feelings. So, without due, the mother's of my children, Valerie, Starlette, and even Charlene, I owe tremendous thanks and appreciation (not to mention mountains of back-pay in child support). I haven't spoke to Charlene since about 1998 because, I believe she decided I wasn't the father fit for her son, and I'm sure she told our son Ryan a lot of bad things about me--and most of it was probably true! I'll be the first to admit that I used to be a horrible person. And I refuse to blame my then horrible-ness on upbringings, environments, nor mental disorders. I am a changed man now and have accepted/embraced my faults and liberated myself from the concept known as "the devil" where I used to place much blame. I've only spoken to Ryan once in our life when he was about 3 years old. I'm not sure if I'll ever get to meet him; but I certainly will never forget him and I'm confident that his mom & her parents raised Ryan to be a great man.

Valerie is the mother of my first born, James. James & I have a lot in common and I'm confident that he will succeed in doing whatever he desires to do. James is currently doing well. His mom is doing well also. They have been my moral back-bone and given me a lot to thrive for in life. For without them and their moral support, I wouldn't have had as much hope to deter me from different paths I once had in mind. In short, I'm alive because of them! I love them both very much!

Starlette has sent more pics than anyone in my life. Those pics have been my window to the world and sight in the lives of my son Jose, his wife Kadisha, their daughter Alecia, and soon--hopefully their newborn son! Star has also been my moral support and has provided financial support as well. I love them all very much!

My sister Lorie, who I manage to get ahold of every now & then, I feel like she is my twin! I feel such a strong connection to her. She could never do wrong in my eyes. She & I suffered greatly as small children. I know of no one who has suffered a ghetto life like Lorie & I. I love my sister dearly. Her daughter, my niece Siesha, has also shown me love & support. And now, even her man Brian has been supportive as well. I can't thank everyone enough.

Debbie is another person I must give recognition to. Debbie was once engaged to my brother Jerry, who now rests in peace. Debbie is a true friend and I love her as such!

I must now give a great amount of recognition to my girlfriend Susan. Susan & I started out as pen pals. Though she & I are about 1,200 miles apart (she's in Montana, I'm in Michigan), she made the long & expensive journey to visit me, has provided more financial support than everyone else combined, and sends me emails everyday, as well as paying for phone calls everyday. She is my woman and I love her! I'm ever grateful for her.

I'm grateful for everyone else in my life who I may not have mentioned. I have limited time & space on this platform so I just want to say that I'm grateful.