The Hardin Family Lawsuit against Commonwealth of KY., et al; filed May 14, 2003; Page 74

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the Tulia story, their office has been deloused with calls from around the U.S. regarding similar accounts of out-of-control state justice schemes. Ms. Gupta reported that without-a doubt racism is the basis of motivation for a state to commit these illegal and unconstitutional acts against its citizens.

152. This Complaint represents only the example of a problem that Complainants assert exists in Kentucky that is now out of hand, with a racial policy headed by Attorneys General, Ben Chandler. Prosecutors and judges, such as the above named, are now blatantly subverting our laws and civil rights in order to secure convictions. Statiscally, Plaintiffs will show that this malice is overwhelmingly directed at racial minorities. Prosecutors, by leave of the courts, move to violate a person’s rights and other laws. They evidently do whatever it takes to get bogus and “heavy” convictions for minorities, especically if they are indigent. The State’s racially-motivated violations include denying due-process, collusion to violate rights, conspiracy amongst prosecutors, subversion of law, coloring the law in order to secure convictions, improper indictments and charges, and others offenses in which caucasians are not typically subjected to.

153. By stark contrast, when caucasians are brought to bear, i.e. even when they are caught red-handed in conducting crimes, Kentucky is lenient and even pulls back on prosecution of these crimes. In very many of these cases, a caucasian perpetrator is only given a “slap on the risk,” and thus allowed to put their lives back together. But with racial minorities, their stories are quite different. A person’s life, along with his family, is very often destroyed by the mistreatment and prolonged or permanent loss of the family member. Kentucky acts irresponsibly by wrongfully and arbitrarily placing these very harmful stresses onto the lives of minorities.

154. James Shake, the presiding judge, allowed prosecutors to virtually work their will without regard to the rights of Aaron and the grieving of his family. For three and one half years, these individuals flagrantly neglected their responsibilities and recklessly caused the family sustained emotional duress. With Aaron still incarcerated, their acute duress continues, today.

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