Commentary: The Idaho Justice System
I know from first hand experience how the Idaho “Justice” System works. There is no justice, just a mirage. I have a strong set of beliefs and morals, ones that look out for the betterment of society and the safety of those I care about. I go out of my way to help others, whether they are old or young. I have always cared immensely about others, whether I know them or not. I have always felt the pain that others feel, no matter their background or story. If you know me, you are probably aware of my story. Became addicted to opiates when I was 16 years old, caught a felony charge at 19 for breaking into unlocked cars while drunk and I have been on probation ever since. I would do anything to be given a fresh start.
In 2010 I was put into the Drug Court program, I entered with high hopes of treatment and a new life, but it wasn’t what I was expecting. They use a one size fits all treatment model. The whole program is designed for people who are addicted to methamphetamines and stimulants. The first day, while I was reading the Matrix Book (the study material for the phase one class MATRIX) I asked the facilitator “This book says it is for methamphetamine abusers, I am an opiate addict” she said “Oh don’t pay attention, it can be used for any addiction”. The truth is, that is a very naive way to look at it. When it comes down to it, addiction has very specific traits all across the board, but not all addicts are the same. A Meth addict is more prone to act violently, impulsively and recklessly. An opiate addict on the other hand, is more prone to sleeping, eating and being a normal human being, just needing opiates to feel normal. As I said, we share traits, but we are not all the same. I cannot stand meth, it is a dirty drug that in my opinion makes people act horribly. Every meth addict I have come across, I haven’t been too fond off.
Drug Court is, in my opinion, a step in the right direction. It admits that addiction is a disease, but it falls short when it comes to treatment. It is treatment-meets-judicial system. It is flawed. It admits addicts should not be in jail, and gives them an option. But this is the problem. Addiction re-wires people’s brains, they do not think rationally and if told to pick between drugs and freedom, they will pick drugs every single time. When in drug court I would relapse, they would bring me in and ask me “Why did you do it?”. They would always say there is a reason behind a relapse, that it is a long process that starts long before. But most of the time, I relapsed simply because it was there. A split second impulsive decision. They wouldn’t except “Because I wanted to get high” as an answer. The fact is, they don’t understand addiction.
Now over the years, I have watched people go in and out of jail. I used to ask myself “Why do they keep doing this to themselves?” This was before I understood myself, what the justice system is like. I used to like police officers, I had a great deal of respect for them, I could trust them and I was able to talk with them. But over time my opinion of them soured. Now, if I am driving down the road and pass one, I instantly have a panic attack. I am not alone. Over time people have lost trust of law enforcement agencies. They have pushed, abused and brutalized the american people. You see people in jail these days, that never would of gotten a ticket 20 years ago. There are so many laws these days, that you could be cited just for breathing. Okay, maybe not that extreme, but it is getting close to that.
I would like to introduce you to my best friend Mike. Mike’s real name is Michael Dale Roberts, he is 25 years old. He was originally born in Germany. He is an opinionated guy, paranoid sometimes, but he is a good guy. His problem is that he is addicted to opiates. I haven’t talked to him recently, he was arrested in June and is now sitting in prison. He was friends with my best friend and another friend, a member of the group I ran with. We are the cool kids, you know the kids/guys that were popular, like all the good bands, dress in nice clothes and always up on the latest trends. We were trendy. But we also liked drugs and opiates. I didn’t know Mike too well, but I met him one day at my friends house. Brennan was in Drug Court with me, but his friend Mike stopped by one day. He used the bathroom, came out and I knew he was high. That week he was arrested, which didn’t really surprise us. After Mike left that day we were like “Dude he is gonna get arrested soon”. Mike didn’t have a car or anyone to support him. I stepped up and we became best friends. I always pushed him to do the best that he could do. I remember one time, I stayed up for two days straight, I stayed up all night one night to make sure he got to S.I.L.D (SILD is Sheriff Inmate Labor Detail. You pay $25 a day to do hard labor for the Sheriff’s department.) at 6am the next morning. When no one else believed in Mike, I did. That is just the way I have always been.
Mike hated Drug Court. He didn’t like being told what to do, he wanted to be free and he couldn’t stand going to court every week and there always being sanctions (sanctions are the reward or punishment for your behavior. You can get sanctioned for good things or you can be punished for things such as not turning in paper work, being late, missing an appointment or serious things such as missing a UA, Dirty UA, relapsing, being out past curfew or violating a no contact order). Mike lasted 10 months in Drug Court, when he decided he couldn’t take it any more and absconded. He left the state and was gone for a month. I really do not blame him. Mike can be abrasive and argumentative, so many people don’t like him. He is like a brother to me. In the end we hadn’t talked for a month or two, but I still care for the guy. For instance when I told our friend Brandon about him going to prison he was like “And that surprises you? What am I supposed to feel bad for him? Fuck Mike”. The last time I saw Mike, I helped him out with his UA, and we got into an argument. He was acting like I owed him, when it was the other way around. It was the third time I had paid for his UA, and he hadn’t paid me anything, even going so far as to be petty about money when we went to get food. I called him out on his shit and he called me names, after I was helping him. He got into my face and I punched him. But the point is, he is my brother and I care about him, no matter what has happened between us.
Mike is not guilty of the crime he is sitting in prison for. You can read it for yourself here, the Idaho Supreme Court made a decision on his case, he appealed it because he wasn’t guilty. Mike was with two of his friends, one of them went into their work. Mike and a friend were in their friends car. They were shooting up Oxy’s. Mike shot up his pill and put the syringe and spoon under the seat. Mike was in the right back passenger seat. His friend was in the front passenger seat. Well a bike cop pulled up on them, and pulled them out of the car. The cop found Mike’s needles and spoon and found an oxycontin pill in the center console of the car. Mike had shot up his pill, the other pill wasn’t his. But the people he was with were worthless human beings, instead of being a man, the little snitch put the blame on Mike. Mike was arrested. The cop stated he saw track marks on Mike’s arms and not the other guy and that was probable cause to arrest Mike for possession of paraphernelia and the Oxy pill that wasn’t on him.
Now I believe the law works like this. The owner of a car is responsible for what happens in his car. Mike was charged with Possession of A Controlled Substance for the Oxycontin pill that WAS NOT on him. It was in the center console of the car. The officer never mentioned seeing Mike put a pill into the center console of the car, he stated he observed him put stuff under the seat. So why is Mike charged with the Oxycontin that wasn’t in his possession? It wasn’t his pill, and Mike professed his innocence from the beginning. He shot up his pill, the other one was not his. So he gets to court, and is told he is being charged with possession of a controlled substance, but if he pleads guilty and enters drug court he could have it all dismissed. He said he wanted to wait for the lab reports to come back. The state said they didn’t want to waste time and wanted to get him into drug court. He said he would be willing to plead guilty if he were to be able to withdraw his guilty plea once the lab reports came back. Everyone agreed and he entered drug court. 4 months later they got the lab reports back, but they never told Mike. He found out, and asked to withdraw his guilty plea. Everyone told him no, thus violating the agreement everyone made.
He went on the run, got caught then went on a rider. He told me he was going to appeal it. I read his paper work and it seemed like he would win. He was illegally charged, as he didn’t possess the pill he was charged with, and the state went against the agreement they agreed to. Well, in June the Idaho Supreme Court made a decision on his appeal. They affirmed the judges ruling to not allow him to withdraw his guilty plea, thus his conviction was upheld. They completely overlooked the fact that he did not possess the pill, and was framed. The law states that the owner of a car is ultimately liable for what happens in their car and what is in their car. It defies logic that the state would say that an addict would inject just one pill, then put the other pill for safe keeping in someones car… It wasn’t Mike’s pill. This is not justice. There is no justice. Read it for yourself. They outline all the evidence.
By the way, here are the assholes who framed him. Instead of being men and taking responsibility, they bitched out and blamed Mike. If you know Nick and Garrett, you know they were doing Oxy’s with Mike.
Nick Hearne and Garrett Martin
Supreme Court’s Outline Of Case Against Mike Roberts:
Roberts and another individual were sitting in a vehicle in the rear section of a parking
lot. The individual sat in the front passenger seat and Roberts sat in the rear of the vehicle.
While on bicycle patrol, two Meridian police officers noticed the vehicle and as they approached,
one of the officers observed Roberts reach under the front passenger seat in a hurried motion.
When the officer made contact with the occupants, the officer observed three syringes in plain
view under the front passenger seat where Roberts’ hands had just been. The occupants
indicated that their friend owned the car and that he was currently working inside at a pizza 2
restaurant. One of the officers entered the restaurant and obtained consent to search the vehicle.
The officers found paraphernalia in the rear of the vehicle where Roberts had been seated, and
they found used syringes in the front passenger door. A search of the center console revealed an
oxycodone pill, several unused syringes, and other paraphernalia. Some of the paraphernalia
contained residue, which the other occupant indicated came from Roberts having crushed a pill
and injected himself prior to the officers’ arrival.
The owner of the vehicle denied any knowledge of the drug items. The other occupant
indicated that all the items belonged to Roberts. The officers did not observe any needle
puncture marks on the occupant’s arms. Roberts denied possession of any of the items and
denied placing anything under the passenger seat. Roberts continued to deny placing his hands
under the seat even after the officer indicated he had seen him move his hands there. While
speaking to Roberts, one of the officers observed two puncture wounds on his arm that
resembled markings that are made from needles drawing blood. The officers placed Roberts
under arrest.
The State charged Roberts with felony possession of a controlled substance (oxycodone)
and possession of drug paraphernalia. Pursuant to a plea agreement, Roberts pled guilty to
possession of a controlled substance. In return, the State dismissed the paraphernalia charge. At
the change of plea hearing, defense counsel confirmed that he had sufficient time to discuss the
case with his client and to talk about potential defenses to the charge. He also indicated that he
received all necessary evidence from the State except the lab report, which had not yet come
back. Roberts agreed to plead guilty with the understanding that if the lab results showed the
substance was not a controlled substance he could withdraw his guilty plea. The district court
preferred this approach because it allowed Roberts to enter drug court as soon as possible.
Approximately ten months later, Roberts failed to appear at a scheduled drug court
hearing and the district court issued a bench warrant. The court ultimately discharged Roberts
from the drug court program for committing seventeen violations, including testing positive for
noroxycodone and oxymorphone. Five days later, Roberts filed a motion to withdraw his guilty
plea. In his motion to withdraw, Roberts argued he should be allowed to withdraw his plea
because he maintained his innocence throughout drug court, alleged his plea was coerced, and
alleged that the paraphernalia most attributable to him was not tested by the Idaho State Police
Crime Lab. Roberts did not support his motion with testimony or other evidence. The State 3
provided the court with the police report to identify the factual circumstances of Roberts’ arrest.
The district court denied Roberts’ motion.
Roberts timely appealed the denial of his motion to withdraw. He later filed a motion
with the Idaho Supreme Court to augment the record seeking the eight pages of the police report
that the district court reviewed at the motion to withdraw hearing. The Idaho Supreme Court
ordered the district court clerk to provide the pages, or submit an affidavit from the clerk stating
why the documents could not be provided. The Ada County appeals clerk filed an affidavit that
indicated the documents were not in possession of the Ada County Clerk. The clerk also
indicated that he provided all of the Fourth District Court’s documents and the presentence
investigation report (PSI) to the Idaho Supreme Court. He explained that when a criminal appeal
record is prepared, he only includes documents that are contained in the record and the PSI
report. The clerk noted that pages five through eight of the requested documents were located in
the PSI.
Justice is a mirage in the state of Idaho. They treat the victims as suspects, and when they arrest people for possession of drugs, they make them pay restitution… How? Well according to the state, the victim is the state. So they make people pay restitution to the state. I won’t say addiction is a victimless crime, but truly, it is a medical condition and deserves to be treated as such. People who use drugs do not deserve to be locked away with murderers and rapists. I have said it before, but I will say it again, they don’t lock diabetics or cancer patients for their disease. Addiction is a disease of the mind, it is time it is treated as such. I cannot believe that we, as a so called “civilized” country, lock people up for non violent crime. It is time that we change this system. Justice is actually carried out, and spineless people cannot put blame on others. It defies logic to arrest someone for something they do not possess. Just because someone doesn’t have track marks, doesn’t mean they don’t snort it or swallow it.
Michael Dale Roberts was sentenced last week to 2 plus 5 in prison, meaning he must complete 2 years before he is eligible for parole. He has a total of 7 years to do.
Commentary: The Idaho Justice System was originally published on PVRENET
