Petitioning Missouri Attorney General Chris Koster and 6 others

Free "Oscar Mims" : Prosecuting Attorney and Court Officials Bullying An Innocent Man To Plead Guilty To A Crime He Has Not Committed

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An innocent man, Oscar Mims is being detained and being bullied  (for over  2 years) to plead guilty to a crime he has not committed.  A great injustice is being done.  Please do not just sit by and watch this system imprison this man to 10 years in prison for a crime that has never been committed.  

On June 4, 2013 Oscar Mims was arrested and taken away from his residence in St. Louis, Missouri without justifiable cause or reason, and is still being illegally detained against his will.   When we asked the Federal Agents why were they at our home for Oscar one of the Agents responded, “We really don’t have nothing on you.  We just had to come here because your name was on the list.”

This is an illegal wiretapping case.   During the Evidentiary Hearing on September 25, 2013, the Lead DEA Agent (Mr. Hofer) testified under oath that there was no type of surveillance conducted on Oscar Mims & there is no evidence against Oscar Mims either :

-  NO  confidential source

-  NO  physical surveillance

-  NO  cooperating defendant

-  NO  undercover agents

-  NO  mobile tracking device

-  NO  trash search

-  NO  search warrant and congenial searches

-  NO  narcotics related arrest

-  NO  interviews, grand jury subpoenas , immunity

-  NO  pen registers, trap and trace devices-  

-  NO  precision location into

-  NO  mail cover request and financial investigation

So if none of these investigative tools were used on Oscar Mims, why is he being held without bond for over 2 year & 39 days (to date) now and there’s no evidence on him in this case and the Prosecuting Attorney is still pushing for a conviction.  This makes no sense.

In numerous Suppression Hearings (presided over by Judge David Noce) and PreTrial Hearings (presided over by Judge Rodney Sippel), Oscar repeatedly reminded the Judges how no type of surveillance was conducted on him & that even the Lead DEA Agent stated in the  Evidentiary Hearing that no evidence was gathered against him.  But Judge Sippel simply replies back, “Well that’s what we’re going to trial for.  We’ll let the jury decide.”

Since 2013 Judge Sippel has also said he would not release Oscar on bond stating, “He is a threat to society.”  How can you deem a man who is being unlawfully detained & has never been a violent offender as being a “threat to society.”  The judge is just making up false accusation to justify/coverup/hide the injustice that Oscar is encountering. 

Judge Sippel won’t let Oscar Mims out on bond by stating he’s a “threat to society” …….  But all the while this same judge keeps telling Oscar, “Well the offer is still on the table, we’ll let you go with time served if you just plead guilty.  And you can make it home to be with your family by Memorial Day …. by 4th of July.” 

Oscar Mims is not the threat.  The threat is actually in this fraudulent case being EXPOSED and THE TRUTH getting out.  This is what the Judge & the Prosecuting Attorney (FEDS) want to keep hidden from you & from the public’s eye.

The US Prosecuting Attorney (Kenneth Tihen) does not want to let this go.   He is being too prideful to admit he made a mistake, that Oscar Mims should not have ever been picked up & should not be further detained.  The US Prosecuting Attorney Tihen would rather hold on to his pride & watch another man’s life be unlawfully stripped away for another 10 years for a crime he has not committed.

Since 2013 Oscar was never told nor read the charges that are before him.  Therefore he has never pled guilty or not guilty to anything.  During a Pretrial Hearing earlier this year (2015) with Judge Sippel,  Oscar brought this to the Judge’s attention, and the Judge told Oscar that was incorrect.  The Judge then asked the Prosecuting Attorney Tihen if the charges against Oscar Mims were read to him during the Evidentiary Hearing and approved & stamped certified.   The Prosecuting Attorney Tihen did not reply.   So Oscar asked the Judge to research it for himself & he’ll see it was never done.  

At the next Pretrial Hearing Judge Sippel said he did review the transcript from the Evidentiary Hearing  & told Oscar, “The Hearing states that you waived your right to know the charges that are before you.”   Oscar stated to the Judge, “I never waived my rights.  Where does it say that?”   With Oscar demanding to see this certified copy for himself, the Judge recanted and then said, “Well you didn’t waive it, your Lawyer did it for you.”  Oscar responded, “When did he waive my rights for me.  I never asked him to do that.” 

With careful research we have learned that Judge Sippel chose & appointed Attorney Eric Butts as Oscar Mims Public Defender in regards to this case.  From the very beginning, over 2 years ago, Oscar has had problems with this appointed Public Defender.  Oscar has even written letters to the National Bar Association to express the problems, only for them to reply back in so many words, “We can’t help you.  We don’t have a lawyer to appoint to you. You’ll just have to get yourself another lawyer on your own.”

Of what good is the National Bar Association?   The Prosecuting attorney is trying to charge Oscar Mims with a crime to face 10 years in jail for something he did not do.  Is the National Bar Association really not concerned about that.   Seriously what is their purpose?  Is it to be a storage facility for incoming letters by local citizens about complaints & misrepresentation?  Seriously, what is their purpose?  So they can’t or won’t assist Oscar with getting another Lawyer.

This case against Oscar Mims should have been thrown out from the very beginning since the Evidentiary Hearing on September 25, 2013, as well as during every Suppression Hearing & Pretrial Hearing that has taken place thereafter.  Both Judges presiding over this case have the authority to dismiss this case at any time.

Every time Oscar goes before Judge Sippel,  Oscar points out to him each of the facts/issues that have been presented here.  And each and every time the Judge responds back, “Well that’s what we’re going to trial for.  We’ll let the Jury decide.”  Then Oscar responds, “With all of this information I’m presenting before you I should not be going to trial.  I should not have even been picked up.  I should not even be here.”  And every time this Judge responds back to Oscar, “Oh we’re going to trial, we’re definitely going to trial.”  The Judge even tosses around with a smile in his voice,  “I do believe the Plea Bargain is still on the table for you Mr. Mims, is that correct Prosecuting Attorney, are we still able to revisit that?”    And each and every time the Prosecuting Attorney responds back with, “Yes, the offer is still on the table for Mr. Mims.”

Oscar is encountering various levels of injustice, deceit & racism from the Judges, Prosecuting Attorney & his Public Defender. All of whom are Caucasians.  From our research here is another clear example of it :

The Plea Bargain offer on the table since March 2015 is, “If you plead guilty, the Prosecuting Attorney & the Court will let you go in 2 more months with time served.”  So then the questions arise :

1. Time served for “What?”

2. This Plea Bargain has never been given to Oscar in writing.

3. Since it has not been submitted to Oscar in writing,  it is not a concrete agreement, therefore it is subject to change by the Judge at any time.

4.  Attorney Butts (Oscar’s Attorney) has never made mention or given any information to Oscar about #2 and #3.   If someone is being paid to be your Lawyer, they are suppose to have your best interest at heart.    Since the very beginning & even up to this day, Attorney Butts does not.  And he has also never told Oscar that he has/is presenting a Counter Offer of any sort to the Judge & Prosecuting Attorney.  How about a Counter Offer of, “I submitted to the Judge & Prosecuting Attorney to let you go with all charges dropped.”

5.  Attorney Butts has said nothing on Oscar’s behalf.  All the more reason to validate he is not working for Oscar, but for the Judge and Prosecuting Attorney. 

6.  Oscar’s lawyer (Attorney Butts) is not even trying to present the facts the “Lead DEA Agent” said during sworn testimony in the Evidentiary Hearing.  The Lead DEA Agent clearly said he has no type of surveillance & no evidence against Oscar Mims.

Oscar is not going to plead guilty to any charges because he has not committed any crime.  With further research we learned that if he were to plead guilty, then all the transcripts from this case regarding him would be destroyed, forever lost & no one would be able to access, review or research this case & the injustice being orchestrated here in St. Louis, Missouri by Judges Noce & Sippel, and Attorneys Tihen & Butts.

 With all the injustice Oscar has encountered for over 2 years from this case, it is almost factual that him going to trial would also be unjustly.  How is this factual?  Because, Oscar does not have an Attorney that is working on his behalf.  He will not have a fair trial & he will not have a jury of his peers.   The jury will be interviewed, screened & hand selected by the 3 individuals that are set on wanting to see an innocent man go to jail. (Those 3 individuals are Judge Sippel, Attorney Tihen, and Attorney Butts).

This case has been set for jury trial on :

August 31, 2015 at 8:30 a.m. in Courtroom 16-South at the 

Thomas F. Eagleton United States Courthouse

111 South 10th Street

St. Louis, MO  63102

 ___________________________________
Letter

Please join us in calling on these Officials & Newspapers to investigate the bullying, unlawful detaining and release of Oscar Mims  :

 Eastern District of Missouri US Attorney, Richard Callahan

Missouri Attorney General, Chris Koster

US Attorney General, Loretta Lynch

 

St. Louis American Newspaper

St. Louis Post Dispatch Newspaper

New York Times

USA Today

I’m writing you today to call for justice for Oscar Mims and his family.

Oscar Mims has been unlawfully detained for a crime that does not extist & he has not committed.  He is being bullied with the options to plead guilty or go to trial.  During the Evidentiary Hearing the Lead DEA Agent (Mr Hofer) testified there was no evidence against Oscar Mims because no type of surveillance was ever conducted on him. 

We ask that you release Oscar Mims & drop all charges against him, so that he may be able to resume his life and continue taking care of his family that love & miss him dearly.

Please uphold justice.

 ----------------------

Sincerely,

This petition will be delivered to:
  • Missouri Attorney General
    Chris Koster
  • US Attorney General
    Loretta Lynch
  • Eastern District of Missouri US Attorney
    Richard Callahan
  • St. Louis Post Dispatch Newspaper
  • St. Louis American Newspaper
  • NEW YORK TIMES
  • USA Today


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