Hello world. This is me, Faluch Bigsby, the author of God Uses Gangsters. Today, I’m going to say the topic of this segment is called “Broken”, because right now, my life’s broken, my spirit’s broken, my soul’s broken. And, I want to keep seeking a little bit of light and hope, because I know that there’s good out there, and that’s what’s going to keep me going.
But, I want to start with talking about the remand that Sixth Circuit did. In the state of Ohio, Sixth Circuit Court of Appeals is the last level – it’s the federal court. And last year, at the end of the year, a three judge panel reviewed my case, and for 20 years, I’ve tried to get somebody to review it. Immediately, the three judges remanded my case and said that there’s a constitutional question and that somebody needed to correct the injustice in my case.
But, they limited the review to only sentencing issues, and they remanded it back to United States District Court. The problem is, is that the United States District Court was the same judges that originally screwed me over on my review back in 2013. And what had happened was, in 2011 I hired a lawyer to do my appeal, and the lawyer got basically paid off, you know. Some people got to him to where he didn’t file none of the evidence, and he didn’t do the things he was supposed to do correctly.
I was stabbed nine times, hit with bricks and air flighted out of Lucasville Prison, which caused a riot that lasted two weeks. While I was in medical I got a copy of the brief that the lawyer filed, and it came up that he left all the evidence off. In legal terms, it’s called ‘bare assertions.’ Well, I notified the court. The magistrate and the clerk said that soon as they made recommendations, that I could object and then file all the supplemental evidence and issues that wasn’t raised by counsel, since he botched the petition. Well, what happened was, is the government got with the ODRC [Ohio Department of Rehabilitation and Correction] and they moved me out of state, and they withheld my files.
On February 2013, the Court recognized that I requested to be able to correct and modify the record with the correct evidence and so forth. But, they said they gave me 45 days, and I didn’t file it within 45 days, so they defaulted me and denied appealable order and said I’d never be allowed to file my case again. Yeah, that was basically a trick, and they knew that my documents were in Ohio while they were holding me in Nevada, in Lovelock Prison.
So, let’s go up to what just happened. Last year, Sixth Circuit finally realized because they switched judges, clerks, and everything around – it’s been a long time – and they realized that my case was, you know, an illegal sentence. They remanded it. Well, what happened was, is again, ODRC, locked me down, assaulted me, stole all my property, took my legal documents, put me in the hole, accused me of having drugs, which they didn’t find any. And later, they removed the ticket saying that there was no drugs, so therefore it was uncalled for, but that put me into the status where I was not there to do the filing for my case.
Well, the same judges defaulted me. And so the world understands, they defaulted saying I didn’t properly file before the court, but it was a remand. A three judge panel already told them to review and correct the case. So, there was nothing that I filed that was done anyway. It was the Sixth Circuit Court that did it. Basically, they’re making me go all the way back through the appeal process, which will take over 18 months, and I have less than a year left, so by the time I get back to the judges that told them to correct it, I’ll already be out of prison anyway.
This is just letting you know how evil and bad the system can be. Even whenever you’re right, you’re still wrong. Even whenever you have some rights, there’s still darkness. But, the thing is that I’m going to find a way to change legislation where this doesn’t happen to anybody else again. With that, I’m Faluch Bigsby, signing off, God bless.
These commentaries are recorded by Prison Radio.
