On the evening of Saturday, April the 28th, 2001 an overt act in furtherance of the conspiracy at issue took place. On such evening two (2) women alleging to be 19 and 20 years old approached Jesus Alberto Cabal at a car wash in the town of Seguin, Texas. These women who were using all kind of foul or profane language and dressed up as hookers led Mr. Cabal, who was a single man, to believe that they were wild women who (as they claimed) just: “Wanted to party and have a good time with him”.
When Mr. Cabal arrived at his house with the two females, they repeated to him in his living room that they were over 18 years of age, and that all they wanted to do was to have sex with him. Thereafter, the two women tried to persuade Jesus Cabal to buy them illicit drugs; because according to them, (quoting): “They turned really wild when high on drugs”, however Jesus refused to do such. Additionally, one of the females wanted to coerce him to engage with her in anal sex something that he declined to do as well since as he told them: “He found the idea repulsive”. Later that evening, and after spending just over an hour in his house, these two (2) females stole Mr. Cabal’s automobile, an Acura Legend that had been transferred to his name the day before by his employer. After stealing the car the “women” replaced its license plates and drove back and forth to the Mexican border to a place known as Eagle Pass purportedly in search of clubs to party at.
The record does show that during their trip to the border these young “females” did manage “to fool” all of those people who got in contact with them, and who obviously believed that they were adults as they were pretending to be, and not juveniles under 14 years of age. Such includes: A police officer who stopped them along an interstate for purportedly driving erratically, who was also unable to figure out the true identities of these juveniles, and let them get away after establishing a conversation with them. Another driver who got involved with them in an auto accident somewhere in the San Antonio metropolitan area, was also incapable to figure out that these individuals were under 14 years old, and thereafter engaged with them in insurance related negotiations after the collision.
It was several days later after the car was recovered, when police officers from the city of Seguin, Texas, did advise Mr. Cabal that these “females” were just 13 ½ years old and that one of them was alleging to have been forced to have sex with him. Mr. Cabal denied to the police forcing anyone to engage in sexual activity with him and his testimony was corroborated by the young woman’s best friend (and partner in crime) who totally contradicted her friend’s testimony with the police. Moreover, this young woman herself (the alleged victim)" during the criminal trial of Jesus Alberto Cabal confessed that "her allegations of rape had been a lie all along" and that she had done it because wanted to hide from her mother the fact that she was engaging in prostitution to support her drug habits".
Later on, and through one of his attorneys Jesus Cabal would find out that the “female” who was trying to coerce him to engage with her in anal sex was actually a homosexual young man who enjoyed dressing up as a woman. This was something that the police officers did not mention to Mr. Cabal the first time he met with them after his car was recovered. This “cross-dresser” is by the way, the same individual, who contradicted the “alleged victim’s testimony” as was given originally to the police that she had been raped by Jesus Cabal on the night of April the 28th of 2001.
Since Jesus Cabal knew that he had been under electronic surveillance by U.S. Federal Agencies for many years due to all the law suits which he filed across the United States against private employers and Federal Officials alike, he requested unsuccessfully from a Federal Court in San Antonio, Texas, to compel the release of all the surveillance records of the events that took place on that evening of the alleged rape. Such surveillance records were to show that the whole incident was in furtherance of the conspiracy as has been described within this Web Page, and that the true victim in the whole affair was Jesus Alberto Cabal, and not the other way around.
I submit herein that only government officials at the federal level could benefit from attempting to get me, Jesus Alberto Cabal, in any type of sexual activity with a minor. It appears that the main goal when having these two (2) juveniles approach me and pretend to be “adult hookers” was an attempt to “fool me” into engaging in a homosexual act, most likely with the aim to charge me later on with a nasty crime. Federal officials seem to have orchestrated this incident with the hope of shifting the attention from my law suits against high ranking members of the United States’ Government, among others.
The "Feds" were expecting to be able tell the American people that Jesus Cabal had homosexual tendencies, and enjoyed deviate sex, but of course the whole thing back fired against them.
The record also shows that this frame up was conceived at the highest levels of government, and without a doubt had to involve nasty characters such as the vice-president Dick Cheney, the U.S. Attorney General John Ashcroft, and the president himself, Mr. George Bush, because these men already knew that the legal and constitutional rights of Jesus Alberto Cabal at the Federal level had been suspended via an "Executive Order" signed by former president Ronald Reagan, which among other things precluded the United States’ Supreme Court itself from hearing any Petitions for Certiorari filed by Jesus Cabal on any legal matters he may have pending within the United States.
As mentioned above, the "Executive Order" at issue that “suspended” the legal rights of Jesus Alberto Cabal dated back to the time when Ronald Reagan was president of the United States in the early nineteen eighties and appears to have been left unaltered by the two (2) following presidents. Meaning: Mr. George Bush Senior, and Mr. Bill Clinton.
Does the evidence points out to involvement from the White House and particularly from president George Bush Jr. himself in the fabrication of the rape charges against Jesus Alberto Cabal? Yes, it does, as follows:
First of all, Jesus Alberto Cabal had accused as a co-conspirator in the violation to his civil rights since the year of 1982 to Mr. Bush’s father, that is: former president George Bush Senior, in several legal documents filed in United States' District Courts and also with the "U.S. Department of Justice". Therefore, there was a powerful motive for revenge right there.
Second, after taking office one of the first things done by president Bush Jr. was to appoint Mr. John Ashcroft to lead the U.S. Department of Justice. Mr. Ashcroft was a former governor of the State of Missouri a place where Jesus Cabal filed as many as 90% of his law suits dealing with the conspiracy at issue. In fact, Jesus Cabal on various occasions did contact his office in search of help to solve his legal matters in Missouri.
Third, Simultaneous with the selection of Mr. Ashcroft was the appointment of a Hispanic lawyer with the name of Alberto Gonzales to be the “White House counsel”, what a coincidence that Jesus Cabal’s middle name is also “Alberto”, and that in those days Jesus Alberto Cabal used to live close to a Texas town with the name of “Gonzales”.
Fourth, The rape charges against Jesus Alberto Cabal were assigned to a Judge Peschall, who was a republican lawyer and politician with the reputation for being if not the most conservative judge in Texas, probably one of the most strict judges in such jurisdiction according with many lawyers that Jesus Cabal contacted in those days seeking legal advise. In fact, sooner or later most lawyers told him flat out: “Mr. Cabal, Your chances of prevailing with this judge on the bench are almost zero”.
Fifth, Before the indictment, Jesus Alberto Cabal had been a resident of the United States for twenty seven (27) years and his record was spotless; what a coincidence that the charges were filed in the state of Texas, a place where Mr. George Bush had been the governor just a few months earlier. In fact, Mr. Bush had to know that the allegations of rape against Jesus Cabal were false because Jesus was under electronic surveillance by several agencies of the United States Government. Moreover, he had to know that the Texas case could not proceed to trial or an impeachable offence would arise for the simple fact that Federal law supersedes State law, and the legal rights of Jesus Cabal had been suspended already via Executive Orders, therefore, the United States’ Supreme Court could not intervene on any Petition for Certiorari filed by him on any legal matter within the United States as was indeed the case.
and Sixth, The letter from the television network CBS dated March 1988 and attached to this web site as an exhibit, in the EVIDENCE section, might very well indicate that Mr. Bush´s actions were not only in furtherance of a conspiracy, but also an act of "personal revenge" as a result of Mr. Cabal´s past comments and law suits involving his own father, the former President George Bush Senior.
Are all of these facts just pure coincidence? Not quite. This is direct evidence (not circumstantial) that Mr. Bush was sending out the message to Mr. Cabal: "I am out to get you! And...He did!" It is very well known that with much less evidence than this one, individuals have been convicted in the State of Texas of capital offenses, and thereafter executed in the electric chair.
It is quite evident that the goal was not only to “fabricate a criminal case” against Jesus Alberto Cabal, but to try and perpetuate the cover up dealing with the tremendous violation of human rights that Jesus Alberto Cabal has endured since the year of 1982 at the hands of officials in the Executive Branch of the United States’ Government.
This theory is further corroborated by the fact that immediately after Jesus reported his car stolen on that Saturday night, the police officer nearest to the scene of the crime refused to pursue these young criminals on the grounds that he (quoting): “Was keeping an alleged suspect under surveillance inside a movie theatre, and could not leave the scene”.
Thereafter, another 4 or 5 police officers who arrived a few minutes later at the scene of the crime appeared to be “very interested” in finding out whether Jesus Cabal had engaged in sexual activity with the two “women”, and did ask him on several occasions what type of sex had been performed and with whom. For some time the officers appeared to have forgotten that they had been summoned to the location only because a car had been stolen and nothing else. Those police officers who arrived in their patrol cars did refuse later on to take Mr. Cabal to his house in spite of the fact that he was visibly shaken by the incident, that they had to tell him to calm down several times, and also in spite of the fact that Mr. Cabal’s place of residence was no more than a five (5) minutes drive in the country from the place where the car was stolen. Mr. Cabal had to wait outside a movie theatre for 1 and ½ hours until the officer “who purportedly had someone under surveillance was free to go home”.
Jesus Alberto Cabal firmly believes that the police officers who approached him on that night did know the identities of these two “young females”, and that it is highly likely that these juveniles were either: a) Told straight out by police officers or their criminal associates to go on and victimize Jesus Alberto Cabal, or,
b) The two juveniles were placed in a position where they would commit a crime against Jesus Cabal since the two of them regardless of their age, had in the past been in and out of trouble with the law (they were "juvenile delinquents"), and were also diagnosed schizophrenics.
The behaviour shown by State and Federal officials in this cased filed by the State of Texas against Jesus Alberto Cabal is consistent with the conspiracy that for more that 40 years he has been trying to expose unsuccessfully. The fact of the matter is that the Executive branch of the United States’ Government is deeply involved in a conspiracy while using National Security Statutes to perpetuate the lies, the wrong doing, and thereafter the cover up. Even the news media in the United States remains helpless to expose such level of corruption since they appear to have been threaten with “treason” by U.S. officials who seem to have taken advantage of the fact that Jesus Cabal is not a citizen of the United States to falsely argue that their unlawful actions had to be taken in an attempt to protect the “National Security” of the United States. The evidence in support of Mr. Cabal’s claims of a conspiracy to obstruct justice and to deprive him of his constitutional rights rooted at the presidential level is so strong that any person regardless of his or her legal training who examines the files on each one of the law suits that he has filed in U.S. District Courts throughout the country, will have to conclude that in fact he, Jesus Cabal, was entitled as a matter of law to the relief he was seeking in each individual law suit.
(Please, in this regard do refer to the section entitled EVIDENCE in this Web Page).
On/or about July the 6th of 2001 a Grand Jury in the county of Guadalupe, Texas, did return an indictment against Jesus Alberto Cabal Reyes. He was charged with the purported “Aggravated Sexual Assault of a Child” under the Texas statute: 22.021 (a)(1)(B)(3). This was a charge or "accusation" that had nothing to do with the facts of the case, in other words, the charge was a "fabrication" purportedly authorized by the Texas legislature.
On April the 2nd, 2003 after a secret trial in which the news media was banned from the proceedings in spite of Mr, Cabal’s objections he was found guilty of a “fabricated charge” which was in total conflict with the evidence.
The evidence on record for this purported “Aggravated Sexual Assault of a Child” does show that Jesus Alberto Cabal, was indeed “framed” and/or was the victim of a conspiracy involving officers of the Seguin Police Department, of the State District Attorney’s office for the 25th judicial district, and federal officials as high as the White House. What is more important about this matter, is the fact that Jesus Cabal was charged by prosecutors of the State of Texas with a crime that did not exist, and for which he was later on convicted based on totally false evidence turning the whole situation into a case of "defamation of character", of the "libel" and "slander" of Jesus Alberto Cabal’s good name at the hands of Texas officials altogether with United States’ Government officials, who in spite of knowing the facts of the case and being aware that Federal law does supersede State Law did nothing to halt the proceedings.
To further support the argument that Jesus Alberto Cabal is the victim of a conspiracy at the hands of corrupt government officials, he submits herein that all of the civil litigation that he has filed since the year of 1982 has been placed under a stiff censorship to ensure that the news media does not broadcast any matters dealing with any of his law suits. The same type of gag order was put in place during the criminal trial at issue which was conducted under a tremendous censorship in total violation of the 6th Amendment to the United States Constitution which requires that for reasons of fundamental fairness all criminal trials must be heard in the open, and that the public be given a chance to hear all sides of the story. In the case of Texas vs. Cabal, Mr. Cabal has complained that members of the communities where he resided and worked at had been prejudiced against him since it was only state officials who were controlling the information (or disinformation) being disseminated in the form of rumours, without allowing Mr. Cabal’s side of the story to be told.
Jesus Alberto Cabal has also argued that based on constitutional grounds and particularly in the “Bill of Rights”, no State of the American Union has the legal authority to enact legislation depriving anyone within the country of fundamental rights such as those protected by Section-I of the 14th Amendment to the United States’ Constitution which advocates the "Equal Protection of the laws" for every body in the nation; those protected by the 6th Amendment compelling that every person must receive a "fair trial" within state and federal courts alike, and those of the 8th Amendment which without exception outlaws “cruel and unusual punishments” which is exactly what this Texas law does promote.
In fact,Article-I, Sections: 9 (Cl.3) & 10, makes it clear that “Bills of Attainder” which tend to tamper with a defendant’s right to set forth affirmative defenses to the charges at issue, or tend to suppress the rules of evidence as to deny a defendant’s right to receive a fair trial, and thereafter to prevail on the merits of the case are in total conflict with the United States’ Constitution.
Jesus Alberto Cabal had been a lawful resident of the United States for 27 years and his record in society was spotless, before the dubious charges filed by the State of Texas against him, and has remained spotless in the six years after the incident in said State. Therefore, no one within the United States Government can even argue that there was a pattern of bad behaviour shown by Mr. Cabal throughout the years.
THE CONVICTION AGAINST JESUS ALBERTO CABAL WAS UNLAWFUL AND WITHOUT A DOUBT CARRIED OUT IN FURTHERANCE OF A CONSPIRACY.
Within the next paragraphs it is submitted to all of you the reasons to support the argument that, I, Jesus Alberto Cabal, was unlawfully convicted since the Texas statute: 22.021(a)(1)(B)(3) is clearly unconstitutional, and the record of the trial shows that police officers from the city of Sequin, Texas, and employees of the prosecutors office for the 25th judicial district with the blessing of high ranking Federal Officials did engage in a conspiracy with the aim of obtaining the unlawful conviction of Jesus AlbertoCabal.
THE REASONS:
A. Jesus Alberto Cabal did request from the judge before the trial, to charge the jury with instructions dealing with ENTRAPMENT, something that judge Peschal refused to do. Yet, the record generated during the trial in fact shows that he, Jesus Cabal, had been the victim of entrapment by police officers; the victim of a conspiracy which involved law enforcement officials at least at the state level, and most likely with the knowledge and approval of federal officials in the White House, something that very well explains the stiff censorship surrounding this prosecution.
In fact, in addition to all the lies and contradictions by the police officers who testified on behalf of the state, a witness with the name of "Toni Tristan" who was present during the night of the alleged rape, and who on that night stole Mr. Cabal’s automobile with the alleged victim, clearly and shamelessly bragged during the trial that a police officer stopped them with a stolen vehicle, did not arrest them, nor asked them for drivers’ licenses, but that in fact “let them get away after warning them that they were being sought but the Texas authorities (D.P.S.”). In this regard please refer to pages 109 to 111 of Mr. Tristan’s testimony before the jury.
Also, on page 200 lines 1-9 of agent Olivera’s testimony he totally contradicts himself when admitting that Mr. Cabal had referred to the alleged victim and her friend as “individuals” and not “girls” as the prosecutor had been leading on the jury to believe in previous cross examonation of his testimony.
On pages 207 through 209 of Mr. Olivera’s testimony the judge and the prosecutor are trying to protect by all means agent Olivera in a cross examination which was leading to show that a conspiracy was unravelling that included police officers from Sequin and San Antonio aimed at “making up” a case against Mr. Cabal.
On Page 217 and 218 lines 1-5 of officer Seidenberger’s testimony, he contradicts the statements of the prosecutor who was trying to lead him on to say that Mr. Cabal had referred to the alleged victim and her friend as “girls” and not young ladies.
On Page 224 lines 1-15 of his testimony officer Seidenberger again is contradicting the prosecutor who was leading him on to say to the jury that Jesus Cabal had willingly started to volunteer information about having sex with the alleged victim without ever been asked any questions when he met Mr. Cabal at the theatre’s parking lot.
On page 225 lines 11-25, and page 226, lines 1-6 of his testimony officer Seidenberger is contradicting again the prosecutor who had been leading him on, and also agent Olivera’s previous testimony when stating that in fact Mr. Cabal had referred to the alleged victim and her friend as young ladies and not as “girls” as they were trying the make the jury believe.
On Page 245 lines 11-25, and page 248 lines 1-7 officer Seidenberger is acknowledging once again in spite of the prosecutor’s attempt to say otherwise, that Mr. Cabal had mentioned the alleged victim and her friend as being “young ladies” of 19 and 20 years of age, and not “girls” as the prosecutor was trying to get him to say.
On Page 13 lines 5-12 of detective de la Garza’s testimony it is shown the prosecutor and the judge himself prohibiting the detective from explaining to the jury the reason why “Tony Tristan” had to be taken to a medical doctor for gender determination.
On page 13 and 14 lines 14-25 of De la Garza’s testimony it is shown once again the judge and the prosecutor prohibiting the detective from explaining to the jury that the alleged victim and her friend Tony already had juvenile criminal records.
On page 20 of detective San Miguel testimony he acknowledges to the jury that Mr. Cabal had in fact referred to the alleged victim and her friend as being “women” and “loose women” not “girls” as the prosecutor was leading him on to say to the jury.
On pages 50 through 53 of detective’s San Miguel testimony he testifies before the jury that he did not know that Defendant had told him that he was born in South America and that he remained a Colombian citizen, yet when confronted with his own written record which he had tried to get Mr. Cabal to sign on the date of Mr. Cabal’s police interrogation he had to admit that in fact he knew Mr. Cabal’s origin and nationality.
On page 62 lines 15-24 of his testimony detective San Miguel is shown contradicting himself once again before the jury when acknowledging that the day Mr. Cabal was summoned to the police station, he in fact had told Mr. Cabal, before subjecting him to interrogation, that his stolen car had been found, but that there was a problem in that the two females involved in the incident were minors, and one of them was claiming that she had been raped.
Further proof of a vast conspiracy is given on Page 80 lines 7-17 of detective Gilbert Solis’s testimony when judge Peschall himself was trying to intimidate Mr. Cabal when the prosecutor was clearly trying “to put words on Mr. Cabal’s mouth” and clearly jumping to conclusions about Mr. Cabal’s intentions and/or his state of mind when he was being interrogated by the police the day he was told that his car had been found, and also about the true identity and ages of the two juvenile delinquents.
On page 82 lines 18 through 20 of detective Solis’s testimony he contradicts his initial testimony to the jury and under cross examination he admits that in fact Jesus Cabal had stated during an interrogation done by him and detective San Miguel that “He, (Jesus) had met two women who introduced themselves as adults of 19 and 20 years of age”.
On page 83 lines 13-17 of his testimony detective Solis fully contradicts his partner detective San Miguel when stating that the Defendant Jesus Cabal was in fact in a state of shock, of surprise when he was told that the “women” who had stolen his car were minors of 13 and a half years of age. He went on to say that Defendant Jesus Cabal in no time had bragged about having sex with the alleged victim, as detective San Miguel had told the jury.
On page 86 of his testimony before the jury detective Solis again contradicting the prosecutor and his partner detective San Miguel, when admitting under cross examination that Mr. Cabal had been approached by two “young women” who were singing and dancing in front oh the bay where he was cleaning his car at the “car wash” in the city of Sequin.
B. Jesus Alberto Cabal requested from the trial judge to charge the jury with instructions dealing with “MISTAKE OF FACTS” for the simple reason that as the medical records do show he is legally blind on his left eye from which he used to observe multiple and distorted images. Also, the alleged victim and her friend “Tony Tristan” testified before the jury that they had approached Mr. Cabal all dressed up and wearing heavy make up; moreover, that they had told Jesus that they were adults of 18 and 17 years of age. ( A 17 year old person is considered an adult under Texas law).
Nonetheless, the jury was not given instructions either for “Mistake of Fact” even if Mr. Cabal was entitled as a matter of law to have the jury receive such instruction due to the maturity and capacity of deception of these two juveniles. Furthermore, the trial record shows that on that night these two individuals were able to deceive much older people without raising doubts on any one that they were not the adults they were pretending to be.
On pages 172 and 173 of the her testimony before the jury the alleged victim, Ms. Briones goes on to describe in detail how they got involved in an accident in San Antonio after stealing Jesus Cabal’s car, and somehow “engaged in insurance related negotiations” with the driver of the other vehicle without raising any suspicion on the other parties about their true ages.
On page 168 of her testimony before the jury Ms. Briones goes on to give further evidence of her precocity and maturity while stating that she had been drinking and using drugs since she was eight (8) years old.
On page 181 lines 1 and 2 Ms. Nicole Briones explaining to the jury about her sexual promiscuity stating that “In the past before meeting Mr. Cabal she had watched porno movies.”
On pages 170 and 171 of her testimony before the jury Ms. Samantha Nicole Briones, the alleged victim going into detail about the fact that she is a diagnosed schizophrenic, and that in fact all the members of her dysfunctional family take a variety of drugs which are prescribed for mentally ill people. She corroborates such fact in those 2 pages by stating that she used to turn into a “different person” when she was not taking said drugs. In fact, she goes on to say that a few days before approaching Mr. Cabal she had stopped taking the prescriptions at issue and thereafter was “running wild”.
On page 109 lines 9 through 11 of his testimony before the jury, Ms. Nicole Briones´ partner in crime a Mr. Tony Tristan, admits like if it was not such a big deal, that in the past he had stolen other vehicles. Thus, the theft of Defendant’s automobile had not been the first time that this young transvestite had been involved in this type of crime. Given the fact that the alleged victim Ms. Briones and her friend were nothing but “classroom felons” as shown by the previously referenced facts, Jesus Cabal was entitled as a matter of law to have the jury charged with instructions related to “MISTAKE OF FACT”.
C. The trial record in this case appears to have been tampered with in the sense that many of Jesus Cabal’s objections to the conduct of the prosecutor who was putting words on Mr. Cabal’s mouth and/or leading on the state witnesses to make false statements do not appear on the transcripts in spite of the fact that Mr. Cabal had raised timely objections to the questions asked. Such was the case on pages 124 and 125 of a Ms. Monica Boone’s testimony. Also on Page 237 of policeman Seidenberger´s testimony when the prosecutor was trying to lead him on into saying that Mr. Cabal had referred to the alleged victim and her friend as “girls” and not young women. On Page 20 and 21 of detective San Miguel testimony before the jury when the prosecutor was again trying to lead him on to say that Mr. Cabal had used the word “girls” instead of “women” or “lose women”. On Page 218 lines 1-25 shows the prosecutor again trying to lead on officer Seidenberger to say that Defendant had referred to the alleged victim and her friend as “girls” and not “young women”.
On Page 89 of detective Solis’s testimony it is shown that when Mr. Cabal confronted the detective with his own affidavit exposing his contradictions then the prosecutor and the judge jumped in to protect him from further exposing his dual testimony.
On Page 83 lines 1-12 of Toni Tristan’s testimony it is shown the judge denying to Mr. Cabal his right to impeach Tristan’s credibility with his own affidavit which had been given to the Sequin police department obviously under oath.
On Page 69 and 70 of Tony Tristan’s testimony it is shown both, the judge and the prosecutor, intimidating Jesus Cabal about not to bring forward the sexual promiscuity history of the alleged victim and of Tony Tristan’s himself, or “else”, meaning, to be sent to jail.
On Page 20 of detective San Miguel’s testimony it is shown the judge overruling Jesus. Cabal’s objections to the prosecutor’s attempt to lead the witness on, and to say things which were not corroborated by the record, and that already had been contradicted by the same police officers.
D.) THE TEXAS STATUTE 22.021(a)(1)(B)(3) IS “PRIMA FACIE” UNCONSTITUTIONAL, SUCH LAW DEPRIVES A DEFENDANT OF THE BASIC RIGHT TO RECEIVE A "FAIR TRIAL". IT DENIES COMPULSORY PROCESS TO OBTAIN WITNESSES IN HIS FAVOR, AND NO LESS IMPORTANT: IT DEPRIVES A DEFENDANT OF HIS RIGHT TO THE "EQUAL PROTECTION OF THE LAWS", AND TO RECEIVE THE FULL PROTECTION OF THE CRIMINAL "RULES OF EVIDENCE".
The law at issue is unconstitutional as currently drafted since it deprives a defendant of his most basic human rights and constitutional protections something that the U.S. Constitution itself implies that can not be done no matter what. The “rules of evidence” and the “bill of rights” can not be bent or twisted in any shape or manner as to give more protection to one litigant over another in a criminal trial, and this principle is very well settled in the Federal Constitution.
Jesus Cabal did raise these questions on appeal because they are of extreme national importance since it deals with a State of the Union authority or right to deprive an accused defendant of his most basic constitutional rights, as protected by the Federal Constitution, such as to set forth affirmative defenses against criminal charges filed against the individual, and thereafter to be able to prevail on the merits of the case.
-THE LAW-
The Fourteenth Amendment to the United Constitution states in part:
“ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within his jurisdiction the equal protection of the laws.”
It must be stated that the state of Texas already has a record of using state laws to suppress the rights of minorities. In a decision rendered by the United States Supreme Court in Batson v. Kentucky, (U.S. Supreme Court), 476 U.S. 79, 1986; Justice Powell in page 5 of his opinion does give as an example a case in Texas in which a book used by the prosecutor’s office in Dallas County, explicitly advised prosecutors that they do conduct jury selection as to eliminate “any member of a minority group”. He goes on to say about that Texas case that in 100 felony trials in Dallas County between 1983 and 1984, prosecutors peremptorily struck 405 out of 467 eligible black jurors; according with Justice Powell the chance of a qualified black sitting on a jury was 1 in 10 compared to 1 in 2 for a white person.
It is Mr. Cabal’s understanding from conversations he had with many Texas residents who either have relatives or friends charged under the statute 22.021 (a)(1)(B)(3), that probably as much as 70% of the individuals charged and convicted under this law are indeed Blacks or Hispanics. Therefore, Mr. Cabal submits herein that judge Peschall was in error when failing to instruct the jury that Mr. Cabal was entitled to have the jury charged with instructions for ENTRAPMENT, and also with instructions dealing with MISTAKE OF FACT as Mr. Cabal had requested.
In fact, such statute goes on as far as to state that a defendant must be convicted if sexual intercourse has occurred, regardless of the facts of the case. In other words, if a legally blind man is seduced by a promiscuous young woman who claims to be 19 years old when in fact she is only 13 and 1/2 years old, he is not allowed under this law to establish an affirmative defense, not even if the alleged victim is a promiscuous and rather deformed individual whose physical appearance causes her to look many years older than she actually is, and therefore impossible for the legally blind man to discern.
This deprivation is indeed unconstitutional in character, and in total violation to the rules of evidence since the person who really has been deceived and victimized is made out to be the criminal by placing restrictions on the manner that the accused is allowed to proceed to trial, and/or to conduct his defense to the charges at issue. This is something that the 5th, 6th, 8th, and 14th Amendments to the United States Constitution do prohibit or outlaw.
The state of Texas can not even argue that the greater good of the community has been taken into account when enacting this unconstitutional law for the simple fact that convicting innocent people of crimes for which they are not responsible can hardly be considered an act that benefits any community. Particularly during these days when on a monthly basis throughout the United States young men and women of 13 and 14 years of age are tried as adults due to the severity of their crimes.
In summary, the law at issue is "prima facie" unconstitutional since it has tremendous conflict with the "Equal Protection clause" of the 14th Amendment and also with the 5th, the 6th, and the 8th Amendments to the United States' Constitution. This is one of the reasons why it should be challenged not only in United States' Courts, but in International Courts of Law as well in an attempt to expose to the whole world some of the "worst violations of human rights" ever committed against innocent individuals within the United States of America. Yick Wo vs. Hopkins, Sheriff, 118 U.S. 356 (1886); see Swain v. Alabama; also Strauder v. West Virginia, 100 U.S. 303 (1880); and United States vs. Carter (C.A. 8th Circuit), 1975.
The clause in this statute of allowing “no affirmative defenses” to the charges at issue is without a doubt a "Machiavellic tool" introduced to selectively persecute minority groups within the State of Texas, and nothing else.
As a direct result of the evidence set forth herein by Jesus Alberto Cabal, it is fair to say that the false accusation against him of the rape of a minor plus the unlawful conviction are indeed the "Icing on the Cake" regarding his claim that he is the victim of a massive conspiracy carried out by United States' officials against him since the year of 1982.
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