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

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

6 Eighth Amendment right

6 Eighth Amendment right to be free from excessive bail. In violation of my Sixth Amendment rights to counsel and impartial proceedings, even at the time of my first court appearance I was denied the assistance of counsel to claim my right to bail under § 9 of the Kansas Bill of Rights. Such disproportionate treatment proves that my rights to due process and the equal protection of the laws under the Fourteenth Amendment have suffered egregious harm. CLAIM 2 In addition to the cause presented in claim 1 above, there is cause for a writ of habeas corpus to free me on the basis of technicality: The names and addresses of my visitors and correspondents have been made public by my custodian, without warrant, including to State and Federal authorities, in violation of my rights under the First Amendment to the Constitution of the United States to privacy, freedom of speech, and peaceable assembly with respect to visitors and correspondence, my rights under the Fourth Amendment to the Constitution of the United States to privacy and security for the protection of my papers against unreasonable searches, my rights under the Fourteenth Amendment to the Constitution of the United States to privacy, due process, and the equal protection of the laws, and my right to be presumed innocent until proven guilty under Kansas law and the Constitution of the United States. As a prisoner I rely on visitors, commissary funds, and correspondence to maintain a sense of social and bodily integrity. It has come to my attention that my custodian has made public the names and addresses of my visitors and correspondents, and that some of these have been subjected to questioning by the police power as a consequence. While many institutions, including the United States Postal Service, may inspect mail for security purposes, there is no authority to conduct warrantless searches of the mail to investigate

7 what amounts to a suggestion of guilt by association. To suggest that anyone who visits or writes to me might be guilty by association not only deprives me of the presumption of innocence to which I am entitled, but it also inhibits people from contacting me in custody for fear of being made subject to questioning by the police power. That I have been singled out in this warrantless fashion demonstrates a systematic abuse of my right to impartial treatment. Now people will be afraid that if they send me money for my commissary fund they will be investigated by the police power at some level. No one wants to be put on a terrorist watch list or have themselves investigated by authorities. So that violates my rights, because I have the right to privacy, free speech, and peaceable assembly. Peaceable assembly includes the right to have visitors without the government intimidating them. Otherwise, people will be afraid to visit me, correspond with me, or send me money for my commissary fund. In addition to the loss of rights, I further grieve that I have been deprived of donations to my commissary fund on account of such abuse, as a reasonable person might be inhibited from sending a commissary donation to me simply for fear of being made subject to added scrutiny by the police power as a consequence. I therefore request that my custodian be required to deposit funds into my commissary fund as restitution for such losses. As a guide to restitution, my custodian allows for commissary spending up to $160 per month. A higher amount might be determined based on projected estimates of donations apart from such abuse. CLAIM 3 In addition to the cause presented in claims 1-2 above, there is cause for a writ of habeas corpus to free me on the basis of technicality: My custodian has prohibited me from sealing my outgoing (non-legal) mail, unlike other inmates who can seal their mail without being read by the

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