5 years ago

1 Address of Petitioner: Scott P. Roeder C/O ... -

1 Address of Petitioner: Scott P. Roeder C/O ... -

2 me of

2 me of the presumption of my innocence, the names and addresses of my visitors and those who have written me while in custody (claim 2), my custodian has singled out my correspondence for unusual scrutiny, in a manner suggesting departure from impartial treatment, without justifying such an exercise of political power and privilege (claim 3), the prosecution in my case has made libelous allegations to undermine the impartiality I receive (claim 4), counsel for my defense has disparaged me in a manner unbecoming of impartial treatment (claim 5), counsel for my defense caused me to lose at trial by failing to provide a meaningful defense (claim 6), and the court denied a defense of voluntary manslaughter in a manner contrary to United States v. Williams, 553 U.S. 285 (2008), and contrary to the presumption of my innocence (claim 7). Habeas corpus being a personal right under § 8 of the Kansas Bill of Rights, I present these claims personally, in addition to any claims to habeas corpus relief presented now or in the future by counsel on my behalf. In support of these claims, I state the facts as follows: CLAIM 1 There is cause for a writ of habeas corpus to free me on the basis of technicality: I was denied my right to bail, and thereafter subjected to excessive bail, in violation of § 9 of the Kansas Bill of Rights, thereby creating a presumption of guilt in view of such exceptional treatment, in violation of my right under Kansas law and the Constitution of the United States to be presumed innocent until proven guilty; I was denied the assistance of counsel, in violation of my rights under the Sixth Amendment to the Constitution of the United States; in absence of counsel, I was made the object of public spectacle, on national television, without court clothes, in violation of my right to impartial proceedings under the Sixth Amendment; my Eighth

3 Amendment rights under the Constitution of the United States were violated by imposing excessive bail and inflicting cruel and unusual punishment; my First Amendment rights under the Constitution of the United States to free speech and freedom of the press were violated by increasing my bail on the basis of lawful forms of abstract advocacy; and, my rights under the Fourteenth Amendment to the Constitution of the United States to due process and the equal protection of the laws were violated on the basis of disproportionate treatment. After being taken into custody, I was kept in a freezing jail cell, so that I started having a bad cough and thought I would have pneumonia; I was in need of my sleep apnea machine; and, I was denied telephone privileges for two days. After being subjected to such cruelty by my custodian, the judge in my case made a public spectacle of me, forcing me to appear on television without the assistance of counsel or court clothes, before a national audience; furthermore, the judge did unlawfully subvert my right to bail under Kansas law at that time, thereby casting a shadow of doubt on the presumption of my innocence, given his recourse to exceptional treatment. This shows that the judge had unreasonable bias against me. It also shows I was subjected to cruel and unusual punishment in violation of the Eighth Amendment, having been singled out for such abuse in a manner departing from custom. Later, another judge in my case imposed excessive bail along with a suggestion designed to create public distrust for the presumption of my innocence. In support of this claim, I note that Sedgwick County Judge Warren Wilbert stated the following when increasing bail: "His contact with the news media and the comments that he has made certainly cast a different light on Mr. Roeder, and if he were to make bond, No. 1, if he wouldn't be a flight risk; No. 2, whether he wouldn't perpetuate, participate or enact any more violence on his own or in concert with others," Judge Wilbert said at a June 10 hearing, according to a court transcript reported by CNN. (emphasis added)

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