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Miguel Valdez -- #21464-008
Cocaine & Heroin Conspiracy
My story begins in the month of January 26, 1988. Federal, state, and D.E.A. Agents broke into my home without a search warrant or an order of arrest. I was arrested and they confiscated all that I owned including six pieces of property (land). I was extradited from Arizona where I was arrested, to Portland, Oregon and placed in the Justice Center where I was put in segregation "the hole." I was later informed that the government had an indictment against me and 15 other individuals as well on the indictment. All 15 persons on my indictment were Spanish speaking people and some were already in jail for a year or more prior to my arrest, fighting unrelated charges and several of those individuals I never knew or ever saw before my coming jail.
Out of all the people on my indictment, I was the only one tried under the new guidelines; the rest were under the old law. Why? After fourteen months in segregation and without proper medical attention due to neglect by the medical staff at the Justice Center in Portland, I became seriously ill mentally. When my case was presented in court during the 3rd day of my hearings and not knowing what I was doing, I walked out of the courtroom and proceeded to leave the building. Because of my unstability and actions Judge Burns felt I needed to be evaluated. Judge Burns had two doctors come and see me and I was found to be temporarily insane.
I was then ordered by Judge Burns to the Springfield Medical Center in Missouri. Dr. Leach who was handling my case in Springfield told me that he was concerned about me and my medical status. That he had "never" returned a patient in my condition back over to the courts without at least a 60 to 90 day treatment. But Judge Burns was calling Dr. Leach everyday wanting me returned back to jail thirteen days after my arrival at Springfield. Judge Burns had two U.S. Marshals sent to get me and had me returned to the Justice Center M.C.D.C. in Portland.
Then Judge Burns had me placed on Thorizine and other medications without my consent and kept me on the Thorizine throughout my trail, which hindered me from helping my attorney defend me.
My attorney was unaware of the medication prescribed by Judge Burns' actions. I was kept on the Thorizine until the day I was sentenced and then by Judge Burns' orders taken off all medication. I know that my inability to aid my lawyer during my trial and pretrial resulted in being found guilty on nine of the twelve counts I was charged with. Judge Burns' instructions to the jury concerning the charges against me stated that on July 30, 1987, Mr. Mike Valdez transported 150 kilos of cocaine and one kilo of heroin from Arizona to Portland and from Portland to Vancouver, Washington on an Alaskan Airline. How is it possible to go through two major airports, security checkpoints, and general surveillance security with 15 kilos of drugs? It would have taken a mule and a truck to carry that many pounds, over 400!
Frank Noonan the U.S. Attorney stated to the jury in his opening statement that Ray Valenzuela would testify that on July 30, 1987, in a house in Vancouver, Washington saw Mike Valdez and a man named Prieto along with a man named Umberto in possession of five kilos of real potent heroin. Count 1: Continuing Criminal Enterprise, I was found guilty of this charge although Ray Valenzuela my co-defendant who later testified against me, had pled guilty to this charge and admitted being the organizer of the C.C.E. 848 in Oregon, California, Washington, and also Utah. Count 2: Conspiracy, but this charge was dismissed by the Ninth Circuit. Counts 3 & 4: October 30, 1985, possession to distribute cocaine and heroin. I was convicted of these two counts never being in possession of either drug mentioned in the two counts, nor was I ever caught in attempting to sell any cocaine and heroin. Counts 5 & 6: Possession of three kilos of cocaine.
The only evidence they could fabricate against me concerning these two counts was an informant known only as C.I.#6. This ghost of an informant never testified in court during my trial. Nor was I or my lawyer ever given an opportunity to confront this C.I.#6 because his identity was kept from us and the jury, and I am convinced this so called informant was nothing more than a figment of Frank Noonans (U.S. Attorney) imagination. Count 7 & 8 sales of heroin. This count involved Floyd Lomax, and me no one ever testified against me concerning this charge.
I was found guilty regardless of no evidence or testimony. But yet Judge Helen Fry dismissed this same charge against Floyd Lomax because there was no evidence or testimony to prove this charge. Once more this figment of Noonans imagination, C.I.#6 failed to provide testimony concerning this charge.
Count 9 & 10. Distribution of heroin. Steve Lujan and a woman by the name of Gale Howard, sold some heroin to an undercover agent in Kelso, Washington. Five agents came and testified against Steve Lujan and only Steve Lujan. Never once was Mike Valdez mentioned in their testimony but yet I was found guilty. Counts 11 & 12: Interstate Travel In Aid of Racketeering. My former co-defendant turned star witness for the government, Mr. Ray Valenzuela testified that on July 30, 1987, he and I were sitting in the living room of a house in Vancouver, Washington while a man named Umberto and another individual known as Martinez Lopez were in the kitchen of this house supposedly discussing something about heroin. So Mr. Valenzuela claims. He testified that on the kitchen table were four or five very "small" plastic bags of heroin.
Mr. Valenzuela could not testify that I had any part in that conversation between Umberto and Lopez or any interest or part in the "small" baggies on the kitchen table. In fact, all Valenzuela could testify to was that I said to him "let's leave" and we did.
Mr. Miller testified that on July 30, 1987, he was waiting for me at the Portland Airport and followed me for Portland Airport to Vancouver, Washington to a residence in Vancouver and never once during his surveillance of me, including watching me from a tree at the residence in Vancouver, did he at any time see me with any type of luggage or anything that could conceal or carry 150 kilos of cocaine and a kilo of heroin. During my trial Judge Burns ordered that testimony by agent Miller concerning statements that Susan Keller made to him about statements made by Susan Jones, Richard Valdez, and Linda Jujan to Susan Keller should be disregarded by the jury and stricken from the record which was done. But Judge Burns in his brief to the Ninth Circuit used agent Millers testimony concerning Susan Kellers statements to him that had been stricken from the record.
Also, the Judge didn't allow me to be present for Rule 43, I was absent during the informal session for the execution of preemptory challenges during the jury selection. The Judge asked if I wanted to be present and I said yes, in all court proceedings. But he denied me. My attorney Mr. Margoline stated, there were a couple of things. First, I want to repeat on the record that Mr. Valdes, the defendant wanted to be present at all court appearances and has instructed me to make that known to the court. So on his behalf I am objecting to his not being here. At this time, the Judge let the jury hear testimony from Susan Keller that Susan Jones and Richard Valdez told her that Mile Valdez was the biggest heroin dealer on the West Coast.
I believe that the reason the Judge wouldn't let me be there for the Rule 43 challenges of the jury is because he had intentions of poisoning the jury's mind against me. I know if I hadn't been the president of Mexican Americans for Social Justice I would not be in prison today. I picketed Federal and state court houses in Portland, Oregon which I did over fifteen times for people who filed law suits against them. And I know that the system had this against m and fabricated a conspiracy to convict me of crimes I am not guilty of. Susan Keller testified that Richard Valez sold to her over 200 times.
Richard Valdez was acquitted and went home because the jury did not believe his many lies. Over six confidential informants never testified or appeared in court but Judge Burns and the U.S. Attorney have used these C.I.'s to poison the Ninth Circuit Court of Appeals. Plus, Susan Jones gave statements and testimony about things but she was never even in the state at the time.
Confidential informant reliable witness Susan Keller is smarter than agent Patrick Connor and detective Miller. She was pulling the wool over their eyes because she was getting $300.00 from them to buy a gram of heroin at 205 north Lombard. Then she had to travel by herself to take the gram to the downtown MCDC jail parking lot 5.10 miles and a junkie traveling that far. They did not get heroin, they were getting roofing tar. She was so addicted that in her glove compartment she had roofing tar. She had been receiving phone calls from C.I.#4 (her husband Richard Keller) while he was in the United States Penitentiary located in Lompoc, California.
It is my firm belief, based on the evidence and what has happened in my case, that the United States government and the U.S. District Court conspired to convict me of crimes based on matters that had nothing to do with me being guilty of any crime.
Cocaine & Heroin Conspiracy
Out of all the people on my indictment, I was the only one tried under the new guidelines; the rest were under the old law. Why? After fourteen months in segregation and without proper medical attention due to neglect by the medical staff at the Justice Center in Portland, I became seriously ill mentally. When my case was presented in court during the 3rd day of my hearings and not knowing what I was doing, I walked out of the courtroom and proceeded to leave the building. Because of my unstability and actions Judge Burns felt I needed to be evaluated. Judge Burns had two doctors come and see me and I was found to be temporarily insane.
I was then ordered by Judge Burns to the Springfield Medical Center in Missouri. Dr. Leach who was handling my case in Springfield told me that he was concerned about me and my medical status. That he had "never" returned a patient in my condition back over to the courts without at least a 60 to 90 day treatment. But Judge Burns was calling Dr. Leach everyday wanting me returned back to jail thirteen days after my arrival at Springfield. Judge Burns had two U.S. Marshals sent to get me and had me returned to the Justice Center M.C.D.C. in Portland.
Then Judge Burns had me placed on Thorizine and other medications without my consent and kept me on the Thorizine throughout my trail, which hindered me from helping my attorney defend me.
My attorney was unaware of the medication prescribed by Judge Burns' actions. I was kept on the Thorizine until the day I was sentenced and then by Judge Burns' orders taken off all medication. I know that my inability to aid my lawyer during my trial and pretrial resulted in being found guilty on nine of the twelve counts I was charged with. Judge Burns' instructions to the jury concerning the charges against me stated that on July 30, 1987, Mr. Mike Valdez transported 150 kilos of cocaine and one kilo of heroin from Arizona to Portland and from Portland to Vancouver, Washington on an Alaskan Airline. How is it possible to go through two major airports, security checkpoints, and general surveillance security with 15 kilos of drugs? It would have taken a mule and a truck to carry that many pounds, over 400!
Frank Noonan the U.S. Attorney stated to the jury in his opening statement that Ray Valenzuela would testify that on July 30, 1987, in a house in Vancouver, Washington saw Mike Valdez and a man named Prieto along with a man named Umberto in possession of five kilos of real potent heroin. Count 1: Continuing Criminal Enterprise, I was found guilty of this charge although Ray Valenzuela my co-defendant who later testified against me, had pled guilty to this charge and admitted being the organizer of the C.C.E. 848 in Oregon, California, Washington, and also Utah. Count 2: Conspiracy, but this charge was dismissed by the Ninth Circuit. Counts 3 & 4: October 30, 1985, possession to distribute cocaine and heroin. I was convicted of these two counts never being in possession of either drug mentioned in the two counts, nor was I ever caught in attempting to sell any cocaine and heroin. Counts 5 & 6: Possession of three kilos of cocaine.
The only evidence they could fabricate against me concerning these two counts was an informant known only as C.I.#6. This ghost of an informant never testified in court during my trial. Nor was I or my lawyer ever given an opportunity to confront this C.I.#6 because his identity was kept from us and the jury, and I am convinced this so called informant was nothing more than a figment of Frank Noonans (U.S. Attorney) imagination. Count 7 & 8 sales of heroin. This count involved Floyd Lomax, and me no one ever testified against me concerning this charge.
I was found guilty regardless of no evidence or testimony. But yet Judge Helen Fry dismissed this same charge against Floyd Lomax because there was no evidence or testimony to prove this charge. Once more this figment of Noonans imagination, C.I.#6 failed to provide testimony concerning this charge.
Count 9 & 10. Distribution of heroin. Steve Lujan and a woman by the name of Gale Howard, sold some heroin to an undercover agent in Kelso, Washington. Five agents came and testified against Steve Lujan and only Steve Lujan. Never once was Mike Valdez mentioned in their testimony but yet I was found guilty. Counts 11 & 12: Interstate Travel In Aid of Racketeering. My former co-defendant turned star witness for the government, Mr. Ray Valenzuela testified that on July 30, 1987, he and I were sitting in the living room of a house in Vancouver, Washington while a man named Umberto and another individual known as Martinez Lopez were in the kitchen of this house supposedly discussing something about heroin. So Mr. Valenzuela claims. He testified that on the kitchen table were four or five very "small" plastic bags of heroin.
Mr. Valenzuela could not testify that I had any part in that conversation between Umberto and Lopez or any interest or part in the "small" baggies on the kitchen table. In fact, all Valenzuela could testify to was that I said to him "let's leave" and we did.
Mr. Miller testified that on July 30, 1987, he was waiting for me at the Portland Airport and followed me for Portland Airport to Vancouver, Washington to a residence in Vancouver and never once during his surveillance of me, including watching me from a tree at the residence in Vancouver, did he at any time see me with any type of luggage or anything that could conceal or carry 150 kilos of cocaine and a kilo of heroin. During my trial Judge Burns ordered that testimony by agent Miller concerning statements that Susan Keller made to him about statements made by Susan Jones, Richard Valdez, and Linda Jujan to Susan Keller should be disregarded by the jury and stricken from the record which was done. But Judge Burns in his brief to the Ninth Circuit used agent Millers testimony concerning Susan Kellers statements to him that had been stricken from the record.
Also, the Judge didn't allow me to be present for Rule 43, I was absent during the informal session for the execution of preemptory challenges during the jury selection. The Judge asked if I wanted to be present and I said yes, in all court proceedings. But he denied me. My attorney Mr. Margoline stated, there were a couple of things. First, I want to repeat on the record that Mr. Valdes, the defendant wanted to be present at all court appearances and has instructed me to make that known to the court. So on his behalf I am objecting to his not being here. At this time, the Judge let the jury hear testimony from Susan Keller that Susan Jones and Richard Valdez told her that Mile Valdez was the biggest heroin dealer on the West Coast.
I believe that the reason the Judge wouldn't let me be there for the Rule 43 challenges of the jury is because he had intentions of poisoning the jury's mind against me. I know if I hadn't been the president of Mexican Americans for Social Justice I would not be in prison today. I picketed Federal and state court houses in Portland, Oregon which I did over fifteen times for people who filed law suits against them. And I know that the system had this against m and fabricated a conspiracy to convict me of crimes I am not guilty of. Susan Keller testified that Richard Valez sold to her over 200 times.
Richard Valdez was acquitted and went home because the jury did not believe his many lies. Over six confidential informants never testified or appeared in court but Judge Burns and the U.S. Attorney have used these C.I.'s to poison the Ninth Circuit Court of Appeals. Plus, Susan Jones gave statements and testimony about things but she was never even in the state at the time.
Confidential informant reliable witness Susan Keller is smarter than agent Patrick Connor and detective Miller. She was pulling the wool over their eyes because she was getting $300.00 from them to buy a gram of heroin at 205 north Lombard. Then she had to travel by herself to take the gram to the downtown MCDC jail parking lot 5.10 miles and a junkie traveling that far. They did not get heroin, they were getting roofing tar. She was so addicted that in her glove compartment she had roofing tar. She had been receiving phone calls from C.I.#4 (her husband Richard Keller) while he was in the United States Penitentiary located in Lompoc, California.
It is my firm belief, based on the evidence and what has happened in my case, that the United States government and the U.S. District Court conspired to convict me of crimes based on matters that had nothing to do with me being guilty of any crime.