MICHAEL WILLIAMS
Postfach 59
CH-3110 Muensingen
Switzerland
AFFIDAVIT OF VIOLATIONS OF RIGHTS
I, Michael Williams, declare that I am a native-born United States
citizen, living in exile in Switzerland. My residence address is
Fakenweg 15, CH-3110 Muensingen, Switzerland. My mailing address is
Postfach 59, CH-3110 Muensingen, Switzerland.
On 18. March 1988 I was serving as president of Pioneer America
Corporation. Shortly before, I had successfully directed the Draft
HarCommittee, whose objective was Senator Gary Hart's re-entry into
the U.S. Presidential campaign. Senator Hart had been forced out of
the Presidential campaign by the Republican Party Dirty Tricks
department, as is now known to have been the case with several
earlier, highly-qualified Democratic presidential candidates.
On the evening of 18. March 1988, I was at home sitting at my dining
room table with my wife, who was six months pregnant, and my two-year-
old daughter. My daughter was sitting in her high chair, which I had
pulled up very close to the table to make her feel a little more like
part of the family. It was a cold winter night and my fireplace was
roaring. I had just driven several hours through a blizzard in order
to get home in time for dinner. My family and I were very glad to be
together in our comfortable home.
Suddenly, our front door burst open. Several strangers, wearing
business suits, who resembled stereotypical Chicago gangsters came
rushing in towards us, aiming guns at us. My tiny daughter, whom I had
gone to great lengths to shelter from any violent television
programmes, and who had never even seen a picture of a gun before,
became hysterical: screaming, crying, her little face turning bright
red, tears streaming down her terrified face, which was smeared with
her mashed peas.
Some of these men grabbed my pregnant wife and baby daughter out of
their chairs and dragged them across the room. Some of them grabbed me
and handcuffed my hands behind my back as tight as possible, until I
could feel my blood circulation being cut off. Then, they proceeded
to rough me up in front of my horrified wife and daughter.
Several of these thugs began to search my home, aimlessly throwing my
precious belongings all over as they aggressively hunted for what I
could only logically assume to be our valuables. I watched as they
took the last existing photos of my cherished mother, who has been
deceased since I was a child. My wife sobbed as they took her
treasured teenage love letters sent to her from other boyfriends and
begin to read them aloud in front of her.
Finally, these violent mobsters identified themselves as being agents
of the Federal Bureau of Investigation. The F.B.I. I asked them what
was going on. They say I was under arrest. I asked for what. They
refused to answer. I asked them if they had a warrant for my arrest.
They say they didn't, and added that they didn't need one, arrogantly
pointing out that they could get one any time they liked. They asked
me to waive my rights, beginning with my right to silence. When I
intelligently refused to give up my precious rights, they became
combative and bullied me more in front of my family. So much for
sheltering my innocent little daughter from violent television
programmes.
I was told that they were going to take away everything I had in the
world: my house, my bank accounts, my business, my cars, my private
correspondence, my family photos, everything. Then, they take me away,
out into the dark night, into the blizzard I was so glad to come in
from just a few moments earlier. Away from the most precious thing in
the world to me: my family.
I was taken to the Denver County Jail, where I was appointed a so-
called "public defender", who lied to me, misled me, allowed the
F.B.I., U.S. Attorney's Office and Federal Magistrate to violate my
rights, and assisted them in making it look as if my rights were not
being violated as I was kidnapped and taken away.
I was eventually taken to a military air force base, where, with hands
cuffed, legs shackled, and waist chained, I was forced at gun point to
board an aircraft which was in such a state of disrepair that I
wondered if it would really get off the ground.
After the airplane crash-landed at a military base near El Reno,
Oklahoma, I was taken to El Reno federal penitentiary, where my
business suit was exchanged for a ragged prison jumpsuit. The guards
happily divided up my fine clothes and jewelry amongst themselves. I
was put into a tiny, filthy cell with a Spanish-speaking murderer from
Cuba who had been imprisoned for many years in the U.S.A. I spent
every minute of the day defending my life and manhood from this
maniac. I knew I couldn't take a chance on sleeping.
For the next several weeks, I was transported on other equally unsafe
planes to several other terrible, overcrowded prisons all around the
country. This is what the U.S. government calls "lost in the system".
Finally, I landed at a military air force base near Chicago, and was
driven to a high-rise prison in the middle of the city and taken to
the twentieth floor. Most of the prisoners were Mafia hit men,
Colombian cocaine kingpins, and big-time drug dealers. Murder,
violence, perversion and disease was everywhere.
Even though I have serious back problems, for which I have been under
doctor's care for many years, I was assigned a top bunk called a
"rack," which was really nothing more than a metal slab with a filthy
two-inch plastic mat on it.
I finally got the use of a telephone, and discovered that my pregnant
wife and child were thrown out of our home during the blizzard,
causing them to contract pneumonia. The F.B.I. took everything of
value my wife and I had. They had nowhere to go and no money, and the
F.B.I. had intimidated all of our friends and threatened them to not
help us. So, my wife and daughter traveled all the way to Georgia to
stay with my mother-in-law. The F.B.I. visited everyone I knew,
terrorising them and warning them not to assist me in any way, even
suggesting that they change their telephone numbers to avoid my calls
and refuse to answer any letters they received from me. I tried to
find an attorney to represent me, but, without any money, none would
accept my case. They were all too afraid to seek the return of my
assets, even though they admitted they were unlawfully seized.
The F.B.I. visited me and terrified me, telling me that my pregnant
wife would soon be arrested and our unborn child would be born in a
prison and taken away from us. We would never see her. Our white
daughter would soon be given to a black foster home. Her whereabouts
would not be made known to us. I would spend the rest of my life in
this terrible prison unless I was willing to "cooperate" by telling
everything they wanted to know about my friends. Some of the things
they wanted to hear they already had written down. They just wanted me
to say that I said them, even though I really didn't. I refused, and
confidently waited to be freed. But I wasn't.
Days turned into weeks, and weeks turn into months. I was starving. My
thick brown hair quickly turned entirely grey, and most of it fell
out. Wrinkles and lines emerged on my youthful face. I developed
pneumonia and was refused medical care. I missed my wife and daughter.
I worried about them constantly.
Having no money, I was forced to accept the services of a court-
appointed attorney, William J. Stevens, whose own peers referred to as
a "facilitator to the system", a "court puppet" and an F.B.I. agent.
He immediately began trying to terrify me into pleading guilty to
crimes I couldn't possibly have committed. He told me nothing but lies
and used every trick in the book to try to break me down. Every day I
saw more and more of my fellow inmates receiving lengthy prison
sentences for refusing to "cooperate," for refusing to plead guilty to
crimes they often weren't guilty of. I began to realise that my
attorney was working against me, with the same people who had brought
me to that terrible place. I realised that this man was my enemy; that
his only job was to get me to plead guilty. I could never get justice
with him. That caused me to sink into the greatest depression.
I was forced to remain in custody during the lengthy proceedings -
nearly one full year - without a standard bail hearing even though my
attorney, Michael Monico, had entered into an agreement with Assistant
U.S. Attorney Laurie Barsella, to surrender me if I were indicted.
This violated my right to reasonable bail and subjected me to a
lengthy maximum security prison term prior to any conviction, in
violation of the 8th Amendment to the U.S. Constitution.
I grew weaker by the day. The food I was given was unfit for a pig:
moldy, green "hashed brown potatoes" which resembled spinach;
"hamburgers" with maggots crawling in them; coffee with cigarette
butts in it. My family's mail was withheld from me. I was told that no
one was writing to you because they didn't care about me, that I'd
been completely forgotten, that my wife was sleeping with other men,
that soon my wife and daughter would be taken away, as I had been told
when I was first taken away. I had to fight for my life and manhood
constantly, at all hours of the day and night. I dared not sleep
deeply. I could only sleep lightly for a few minutes at a time. I
could not believe that I was in the United States of America. I felt
like a foreigner in a Third World prison.
Then, my second daughter was born. But I wasn't allowed to see her.
The F.B.I. wouldn't let me visit her. My attorney refused to even ask
the judge to release me on bail. Time passed. Nothing developed,
except more depression and worsening health. As anyone would, I began
to feel forgotten, alienated, despondent. There seemed to be no
solution.
Then, one day, my attorney came to me to explain that my infant
daughter, whom I had never even seen, was dying of spinal meningitis
and only had a few days to live. The F.B.I. and U.S. Attorney had
agreed to let me visit her on her dying bed. I would be taken to court
in a few minutes to get the judge's formal approval. I was torn to
pieces. I could feel my heart bleeding with sorrow and grief.
I was rushed to court. The judge asked my attorney why I was there. He
answered: "To enter a plea, your honour." In other words, to plead
guilty. I asked my attorney what was going on. He said that the F.B.I.
and U.S. Attorney told him at the last minute that they had changed
their minds; that the only way they would permit me to visit my dying
daughter was if I pleaded guilty. He told me that he had just spoke to
my good California attorney friend, Robert F. Bourne, on the telephone
and that he wanted to relay the message to me that I should do as I'm
told and plead guilty; that if I refused, I'd spend the rest of my
life in prison and feel guilty about not seeing my daughter before she
died.
I looked around. The F.B.I. agent, U.S. Attorney and my attorney were
smiling at each other like the closest of friends who were about to
receive something they've worked very hard together for. It was
obvious that I would never get any justice in that court. I simply
could not stand any more pressure. I was so worn down. I had no
strength left. No energy. No hope. I was in the worst health. The
prison doctors had told me I was dying. I could have cried right there
in the court room, but I had no tears left. I had cried until there
were no more. I trembled. My hands were shaking so much I had to hold
them behind me.
Under these circumstances, anyone would see no other choice but to
plead guilty. Exactly as I did. But I wasn't guilty. And my newborn
daughter wasn't dying. And I didn't get to visit her.
In return for my "cooperation," after being sentenced to two years'
incarceration and five years' consecutive probation, I was transferred
to the worst prison on earth: Marion, in direct violation of B.O.P.
policy requiring that inmates be placed in facilities nearest their
homes. None of my assets, nor my innocent spouse's have ever been
returned. I have still never even been provided with a receipt
indicating they had been seized. Even though I was eligible for parole
at the time of sentencing, I was never allowed to apply for it.
Even U.S. Senator Timothy Wirth's writing to B.O.P. director, J.
Michael Quinlan, did not help. Unlike most others, I was forbidden to
go on furlows. In summer, when others were engaging in outdoor leisure
activities, I was forced to wash dishes for long hours in a steaming
hot kitchen area. I was even denied my right to spend the final
portion of my sentence in a halfway house. I was told this treatment
was due to my political beliefs.
In Marion, I was subjected to a wide range of physical and
psychological torture. The so-called "behaviour modification" torture
techniques employed were primarily developed by Dr. Edgar Schein, who
offered them to social scientists and prison wardens in Washington, DC
in 1962. Nearly identical techniques were documented by Nobel Prize-
winning author, Alexander Solzhenitsyn in The Gulag Archipelago, his
novel detailing conditions in the prisons created by Soviet dictator
Joseph Stalin.
After my release in late 1989, as if I hadn't been punished enough, I
was placed on five years' probation. Probation was used as an
instrument to harass, intimidate, control and further punish me, with
the intention of eventually returning me to prison for an even longer
sentence on a technical violation.
I immediately traveled to Rome, Georgia, to reunite with my family. I
was particularly looking forward to spending the Thanksgiving Day
holiday with them. Immediately upon arriving, and reporting to U.S.
Probation Officer Kenneth Harris, he ordered me to take the "next bus
out" to San Diego, California - a continent away from my family, whom
I'd waited nearly two years to reunite with. He told me the F.B.I.
wanted to break my family up and "keep it broken up". When I asked him
why he was sending me so far away, to San Diego, he pointed to a map
of the United States on his wall and responded: "'Cause that's as far
as my finger goes on this here map".
The F.B.I. succeeded in breaking up my family. With their
encouragement, advice and assistance, my wife obtained an unlawful
divorce and full custody of both of our minor daughters in 1989. I was
unlawfully forbidden to travel to Georgia to have the unlawful divorce
decree set aside, or to seek proper custody rights to my children. The
F.B.I. utilised their connections in the State Bar of Georgia to put
the word out to all attorneys in the Atlanta area to refuse to
represent me in any legal proceedings pertaining to my divorce or
child custody rights. To this day, nearly six years later, I have been
unable to obtain legal representation in Georgia.
Shortly after arriving in San Diego, I reported to U.S. Probation
Officer Michael Pisor in San Diego. He unlawfully forbade me to travel
anywhere outside of San Diego County, even to visit my family. I was
offered gainful employment by Technology Locators. They were, however,
unable to hire me after being threatened with losing their U.S.
government high security clearance if they did so, even though my
position would have been in the marketing area, and I would have no
access, whatsoever to any activities where any security was required.
It was nearly impossible for me to receive permission to leave the
County of San Diego, even though I had business in nearby Los Angeles,
children in Georgia and family throughout the country, including my
sick, elderly aunt, who raised me and resides in the State of Indiana.
The government designed a life for me in San Diego which was
tantamount to a minimum security prison, only in many ways, much
worse.
The harassment, intimidation, threats, attacks on my property and
attempts on my life became so terrifying that I was finally forced to
move to Switzerland in June 1991 in order to prevent losing my freedom
again, or even my life.
Immediately upon arriving in Switzerland, I received a telephone call
from my court-appointed attorney advising me that he was relaying a
message from the F.B.I. and U.S. Attorney's Office that if I were to
ever return to my home in the United States, I would be placing my
"life and freedom in the greatest possible jeopardy". This has
prevented me from returning to my home for four long years, even
during the most serious family emergencies.
On 23. January 1993, my aunt, Dorothy P. Hilgadiack, of Indianapolis,
Indiana, who raised me after my mother died, suffered a massive, near-
fatal stroke, which left her entire right side permanently paralyzed,
and her speech abilities seriously impaired. Her stroke was most
likely caused by the stress she was under, worrying about me, the man
she considers her son, and not being able to see me or my children,
whom she considers her grandchildren. When I called my court-appointed
attorney to tell him I intended to visit her in the hospital, he
warned me, as he had the day I arrived in Switzerland, that the F.B.I.
and U.S. Attorney's Office had relayed a message to me through him
that for me to return to my home in the United States, even for a
visit, would place my "life and freedom in the greatest possible
jeopardy." Since then, I've written thousands of letters to
politicians, organisations, and anyone else capable of helping me,
pleading with them to assist me in gaining a guarantee of safe passage
for humanitarian reasons to the United States. They've all fallen on
deaf ears.
After my aunt suffered her stroke, my ex-wife called her up to try to
extort six-thousand dollars from me, threatening to disappear and go
"underground" with our two small daughters if I didn't pay the ransom.
Even if I had wanted to pay it, I didn't have the money. She made good
on her threat and disappeared with our children. After I eventually
located her many months later, she changed her telephone number to a
non-published number and began refusing my gifts and correspondence to
my children. I haven't seen or spoken to my children, whom I love,
miss and worry about very much, in years. As with my other problems,
no one in the United States is willing to help me.
On 2. March 1994, six full years after the unlawful seizure of all of
my earthly possessions, I received a letter here in Switzerland sent
to me via sea from the U.S. Attorney's Office, indicating that in just
eight days, on 10. March 1994, at 9:30 a.m., a motion would be heard
in the same Chicago courtroom where I had already suffered so much
injustice, in which the U.S. Attorney, (pressured by the F.B.I. after
U.S. Senator Dianne Feinstein made some enquiries into my case), would
attempt to "legalise" the unlawful seizure of my property, by asking
Judge Harry Leinenweber to essentially award it to the F.B.I. and U.S.
Attorney's Office. The letter was not sent registered or certified, as
such important documents are supposed to be sent, but by surface mail,
in an attempt to prevent me from receiving it in time to act, in an
improper obvious attempt to secure a default judgment. By chance, I
received it at the last minute, but I had no attorney to represent me,
even though the U.S. Constitution and the Criminal Justice Act demand
that I be provided with one, since I have remained indigent after the
unlawful seizure of my assets. With no attorney to represent me, yet
another injustice was perpetrated on me.
After receiving the motion, I rushed to find an attorney to represent
me, since William J. Stevens had refused to represent me for over two
years. I was referred to Robert Clarke by his former colleague, John
Lanahan. Mr. Clarke agreed to ask to be appointed as my attorney if I
would send him an initial retainer. After receiving the retainer, he
filed a response based on Rule 41(e) and then abandoned me. I received
nothing at all from him until after the motion was denied, apparently
without any legal argument. He did not answer my letters or telegrams.
Registered letters to him were returned unclaimed. Mr. Lanahan and
others said they suspect he intentionally lost the case.
At the hearing for the above-mentioned motion, my attorney stood mute
and offered no defence or evidence, whatsoever. Not a word was said in
my defence. My attorney told me that at the hearing pertaining to this
motion in Hon. Harry Leinenweber's court, Judge Leinenweber laughed at
my 41 e motion and said something to the effect: "This guy's been on
the loose since 1988, and I'm gonna put an end to it right now". The
government's motion to "legalise" the F.B.I.'s unlawful seizure was
instantly and improperly approved. When I learnt that my attorney lied
to me about filing a Notice of Appeal, I filed one myself. On 12. May
1995, my appellate brief was due. Nevertheless, the United States
Court of Appeals has refused to appoint an attorney to my case, and
has advised me that if I do not personally file an appellate brief, my
appeal will be "dismissed for lack of prosecution". I have written the
court many letters, pointing out that I am not an attorney, and, as
such, am wholly unqualified to file an appellate brief. The court, in
an obvious effort to protect the F.B.I., who stole my personal
property and probably sold it many years ago, is still refusing to
consider my requests for appointment of counsel and an extension of
time. The court is completely ignored the U.S. Constitution, my Civil
Rights and my human rights, as they bulldoze over me as if I have no
rights at all.
The court has refused my Constitutional right to Appointment of
Counsel, thus denying me my right to appeal, since I am unqualified to
represent myself in such a matter. The court has been notified by my
family physician that the pressure this is placing on me is
endangering my life.
A perfect example of "Yankee Justice" is O.J. Simpson. Accused of a
brutal double homicide, with overwhelming evidence against him,
including a lengthy history of spousal abuse and wife-beating, this
football legend is given the red-carpet treatment. Soon after his
arrest, the same attorneys who refuse to assist me in any way, rushed
to his aide. Represented by an army of the world's greatest legal
minds, his court hearings appear on live international television.
Everyone toils to make sure that none of his precious rights are
violated. Every change in his facial expression results in a media
rush to get out the latest "news".
There were no prominent lawyers rushing to represent me as my pregnant
wife and baby daughter climbed down the steep mountain we lived on
during a blizzard. There were no television cameras in the courtroom
when I was coerced into pleading guilty in a secret hearing by an
attorney who was nothing more than a court puppet. And there is no one
to help me now. I am not rich or famous. I cannot buy justice like
Michael Jackson or O.J. Simpson. And everyone knows you must buy
justice in today's America. It is an international disgrace.
In summary, the U.S. government has violated the following, amongst
others, of my Constitutional and civil rights:
1.) I was arrested in my home by the F.B.I., who seized all of my
significant assets and personal property, rendering me destitute. They
also seized items unrelated in any way to any pending charges or
investigations, including sensitive correspondence from U.S. Senators
Gary Hart, William S. Cohen and other prominent politicians,
confidential attorney-client correspondence and many other items.
These unreasonable seizures were in violation of the 4th Amendment to
the U.S. Constitution, and,
2.) as they had the effect of excessive fines, were in violation of
the 8th Amendment to the U.S. Constitution.
3.) The fact that they occurred without benefit of Due Process of Law
was also a violation of the 5th Amendment to the U.S. Constitution.
4.) The fact that the foremost motivation of these seizures was to
prevent me from retaining competent counsel of my choice and combating
the charges laid against me was a violation of the 6th Amendment to
the U.S. Constitution.
5.) That the arrest was likely motivated by my political beliefs was
also a violation of the 1st Amendment to the U.S. Constitution.
6.) On 13. December 1993, the U.S. Supreme Court ruled that people are
entitled to hearings before the government can seize their homes or
other property. In June 1993, the court ruled such seizures are
subject to the Constitution's 8th Amendment protection against
excessive fines. Justice Kennedy wrote that the Constitution's due-
process clause requires property owners get notification and a chance
for a hearing before seizures.
In summary, the U.S. government has violated the following, amongst
others, of my Human Rights:
1.) Physically abusing me in the presence of my family.
2.) Terrorising my family during a late-night raid in the privacy of
our home.
3.) Transporting me a great distance from my family to a city I had
never been to in order to cause my innocent family and I such cruel
and unusual punishment that I would eventually, as nearly everyone
does, agree to plead guilty.
4.) Using physical and psychological torture in order to force me to
plead guilty.
5.) Seizing all of my family's assets and personal property and
causing my baby daughter and pregnant wife to lose their home and have
to travel across the country in order to survive at a relative's
residence.
6.) Causing my pregnant wife to contract maternal pneumonia due to
their being forced to leave their home during severe blizzard
conditions.
7.) Terrorising my family, friends and I.
8.) Using terrorist techniques to break up my family.
9.) Preventing me from seeking proper custody rights to my children.
10.) Exiling me first a continent away from my children to California.
11.) Exiling me across the ocean from my children to Switzerland.
12.) Threatening me to not return to my native country, even during
the most severe of life-and-death family emergencies.
13.) Refusing to guarantee me safe passage to the United States visit
my dying aunt, who raised me after my mother died when I was a child,
and whom I consider my mother.
14.) Refusing to guarantee me safe passage to the United States to
visit my two small daughters.
15.) Placing me under such pressure here in my home-in-exile as to
place my life in the greatest danger.
Respectfully submitted,
MICHAEL WILLIAMS
Postfach 59
CH-3110 Muensingen
Switzerland
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