Lawless America Movie Interview: Tonya Frances Brown for Nolan Klein in Carson City, Nevada

Please watch this powerful and enraging video featuring Tonja Brown, Nolan Klein’s sister, who fought and still fights hard to battle injustice done to her brother and also to fight for basic human rights of others still inside.
On Sept. 20th, please remember Nolan Klein, an innocent man who died in 2009 on that day, while still in prison, all because evidence that could have exonerated him, lay hidden and was never presented by the prosecution.

www.justicefornolanklein.net

Lawless America Movie Interview: Tonya Frances Brown for Nolan Klein in Carson City, Nevada.

Nolan Klein is dead. He died in the Nevada State Prison. He was wrongfully convicted. He spent 20 years in prison and died there, an innocent man.

Nolan Klein wrote a letter expressing his feelings about the corruption that he experienced. Nolan Klein speaks to us from Heaven through his sister, Tonja Frances Brown.

Lawless America…The Movie is all about exposing the fact that we now live in Lawless America. We no longer have laws that are enforced because judges do whatever they want to do. America has also become lawless because government officials are dishonest and/or corrupt.

The movie will expose corruption in every state. The Movie will focus on victims. Corrupt judges and corrupt government officials will be exposed, and we will confront a number of the crooks.

If anyone has ever questioned the story of a person who has expressed the view that they were a victim of the government or of judges, this movie will prove that the odds are that the corruption report was true. In fact, there are probably tens of millions of victims in the United States who never realized what happened to them.

One feature length documentary movie is being produced. It will be shown in theaters, on Netflix, Blockbuster, and other such video places, and the movie will be presented at the Sundance Film Festival and other film festivals.

In addition, videos will be produced for each state and for each type of corruption. Everyone who is interviewed for the film will record a three-minute segment that will be done as testimony before Congress as well as a 30-60 minute on-camera interview with Bill Windsor, founder of LawlessAmerica.com and GRIP, and candidate for the U.S. House of Representatives. The legislators in each state will receive the testimony from those in their state, and the members of the U.S. House and Senate will receive all of the testimony nationwide.

Over 750 people are already scheduled to be interviewed for the movie.

For more information, see www.LawlessAmerica.com and www.Facebook.com/lawlessamerica

Audit Seeks Answers about Prison Sentences in Nevada

From: MyNews4, Reported by Joe Hart, on July 16th to 18th, 2012:

Prison officials first told News Four in March there was no need to track possible computer mistakes that may be keeping inmates locked up longer than they should be.

“Some people would probably say yes but what’s the point of tracking them as long as you fix them ?”  Steve Suwe told us at the time. Suwe is the public information officer for the Nevada Department of Corrections.
But state lawmakers have a different view.  Now, the Department of Corrections is facing its first ever audit to find out whether a computer glitch may be adding false charges to inmates records.

State Assemblyman William Horne, who chairs the Advisory Commission on the Administration of Justice called for the audit after questioning prison officials about the issue.

“We need to find out whether this is actually happening and if so, we need to correct it,” Horne told News 4.
The issue dates back to 2007  when the Department of Corrections switched over to a new computer system.  Prison officials told us the new system got tripped up when calculating certain types of sentences, 
especially those with indefinite terms such as ten years to life.

 News four obtained a copy of a deposition from a lawsuit filed on behalf of former inmate Nolan Klein.
Former warden and deputy director at NDOC Don Helling testified in his deposition last year that quote  “All of the old data was flipped over into the new information system and when the information was flipped, errors occurred.”

But prison officials say even if errors did happen they were caught and corrected.  They insist no inmate has ever served extra time because of a computer mistake.

“We haven’t found one case where the computer has added a sentence,” said Rex Reed, who oversees inmate management for the Nevada Department of Corrections.

But state lawmakers say they’re aren’t satisfied with the answers they have received from the Department of Corrections. In fact in his letter to the Legislative Counsel Bureau dated June 14th, Assemblyman Horne wrote:  “I have not received any satisfactory answers.”

 Horne’s letter asks the audit division to find out:

-whether any errors showed up on inmates records as a result of the computer switchover in 2007.
-whether any errors turned up on records reported to the parole board.
-how the department of corrections resolves complaints about inmate records.
-and whether changes are needed to improve the d-o-c’s computerized offender tracking system.

Horne says the audit could be just the first step.

Read the rest here: http://www.mynews4.com/content/news/factfinder/story/Audit-Seeks-Answers-about-Prison-Sentences-in/lST19yH4jEOBahgdNcAkjg.cspx

Carson City Woman Counting on Prison Audit for Answers

From: MyNews4, reported by Joe Hart, on July 16-18th, 2012

Tonja Brown of Carson City says a computer glitch is the reason her brother Nolan Klein died in prison.
 Klein was convicted of rape in 1988 and served 21 years.  He died while serving time at the age of 54.
  But Brown— who recently won a $50,000 settlement from the state after claiming her brother received inadequate medical care in prison, says Nolan should have been released.  She says a computer glitch kept him from getting paroled.

“Because the day before  the computer glitch  went into effect we had it in writing by the attorney general he was not a threat to society,” Brown told News 4.

In fact a letter, dated june 4 of 2007, from Attorney General Catherine Cortez Masto recommended that quote “Klein be afforded parole at the earliest parole eligibility dates.”

But the very next month in July of 2007,  Klein was denied parole.  At the time the parole board was not required to give a reason for its actions.   But a copy of Klein’s record shows two felony convictions dated June 5 of 2007.   The month before Klein came up for parole and the same month the department of corrections switched over to a new computer system.   Brown says a computer glitch was to blame since her brother was — in prison — in June of 2007.

“Clearly he did not commit a crime in June of 2007,” Brown said.

But prison officials insist no inmate has been impacted by a computer glitch.

So we asked Rex Reed, head of the offender management division for the prison system to explain how these new charges showed up on Klein’s record in 2007.
   
“That was one of those instances where the date was changed from the from the actual that the crime occurred and was stamped with the date of the new computer system,” Reed told News 4.

Read the rest here:

http://www.mynews4.com/content/news/factfinder/story/Carson-City-Woman-Counting-on-Prison-Audit-for/b0h_pejRxEmqKEiCet4UCA.cspx

Audit of Nevada Prison Sentences underway

From: CarsonNow on 16th July 2012

Tonja Brown of Carson City says a computer glitch is the reason her brother Nolan Klein died in prison.
But Brown — who recently won a $50,000 settlement from the state after claiming her brother received inadequate medical care in prison — says Nolan should have been released. She says a computer glitch kept him from getting paroled.

Protest against the Attorney General of Nevada’s Office

Tonja Brown:
We protested against the Attorney General’s Office for withholding evidence in cases.
The actual banner is 4′ x 130′.

Press release about the action:

I will be joining Ty Robben along with others for a protest at the Attorney General’s Office on Tuesday at noon. Due to the investigative reporting by Joe Hart and Geoff Dornan regarding the computer glitch that has caused inmates to have false felony charges placed in their files, the Advisory Commission on the Administration of Justice has called for an examination into computer glitch.

What the Advisory Commission does not know is how the Attorney General’s Office is, in part, responsible for the denials in at least one former inmate, Nolan Klein’s Parole and a Pardon, because, their office withheld exculpatory evidence from Mr. Klein and the federal court in the 2005 case of Klein v Helling. These Brady violations by the Attorney General’s Office and being compounded by the computer glitch resulted in Mr. Klein’s Paroles, a Pardon, his freedom and his fife.

I anxiously await the results from the Examination that was order by Assemblyman Horne on March 7, 2012. On April 17, 2012 I will turn over the exculpatory evidence and show the Commission the irreparable harm this has caused Mr. Klein and his family.

The Brady violations by the Attorney General’s Office has placed the intregity of the Attorney General’s Office in question. I have asked the Governor to contact the the United States Justice Department to investigation the Atttorney General’s Office for civil rights violations.

Tonja Brown

Read it in the Nevada Appeal (subscription is needed)…

See further: New Blog about State employees

Nolan Klein: an innocent man who died of an untreated medical condition inside Nevada´s prison system

From the January 12 2010 Meeting of the Board of Prison Commissioners:

Tonya Brown stated she had a private autopsy performed on Mr. Klein and passed out the updated death certificate to the Board. She stated had he been properly treated, he would still be alive today and the State of Nevada will now be charged with a wrongful death suit.

Ms. Brown stated an innocent man died for a crime he didn’t commit. She stated if the Pardons Board had granted a pardon for Mr. Klein he would be alive today and said his medical condition went untreated. Ms. Brown stated inmates are coming into the prison system and leaving with a death sentence because they were not being treated properly. She submitted the Death Certificate for the record. See Exhibit C.

For more information about Nolan Klein and his case, please visit JusticeforNolanKlein.com

Letter to the Editor about Members of the Pardons Board

From the Sparks Tribune (but not yet published online…) (click to see larger version).

Letter to the Editor, by Tonja Brown. December 27, 2009.

Dear Editor,
I’m writing this letter in an effort to bring to light the injustice that is being perpetrated by our public officials, four of whom are now up for re-election: Justices James Hardesty and Ron Parraguirre, Attorney General Masto and our governor, Jim Gibbons.

In May, Judge Brent Adams ordered Washoe County District Attorney, Dick Gammick to turn over the entire file in Mr. Nolan Klein’s case. On June 10, newly discovered evidence was found. On June 24, I appeared before the Nevada Pardons Board to bring it to their attention the acts within in the Washoe County District Attorney’s Office.

I presented to the Pardons Board dozens of documents, including the hand-written notes, that a former assistant district attorney made on our motion for discovery that he was not going to turn over any of the materiality or exculpatory evidence despite a 1988 court order to do so. The Pardons Board knew that this attorney violated Brady v. Maryland by withholding all of the materiality and exculpatory evidence that showed another person was responsible for the crime in which my innocent brother, Nolan Klein, was convicted of 21 years ago.

On Nov. 19, the Pardons Board knew that the assistant district attorney had defied a court order to turn over all of the evidence in the case. They also knew that the newly discovered evidence that was found in the file that would not only clear Mr. Klein of the crime but newly discovered evidence was found that supports Mr. Klein’s claims in the 9th Circuit Court of Appeals that our AG Masto is trying to get dismissed because of Mr. Klein’s recent death.

One would think that they would have placed Mr. Klein on the November’s Agenda for an exoneration, but, no they would rather cover up the acts of the Washoe County District Attorney’s Office for the last 21 years. How many more innocent people will die in prison because they want to condone the bad acts of officials under the color of law? Could your loved one be next? We need transparency in government not more cover-ups. We, the voters, need to be heard. We must send a message that we are not going to condone their actions and vote them out of office. For those of you who were considering running for office, here is your opportunity to make a difference.
Tonja Brown
Carson City

Nolan Klein´s letter read by his attorney, Bob Hager, at Nolan’s memorial

Received via email:

I was asked to write the final chapter of this book for the simple reason that I am the one single person most affected by the matters and possible criminal activities. I am the example of judicial neglect. While I do not portray or present myself as being a writer to any significant degree, I do know how I have been affected personally over what is now approximately thirteen years of my life as an incarcerated person.

While I understand that when most people read books, whether it be fiction or non-fiction, they reasonably anticipate or expect a happy, or at least acceptable conclusion, but I do not believe that you will find either here, and for that I apologize. There can never be a happy or remotely acceptable ending to this particular chapter in my life. The reasons are numerous.

To start with as I write this I do so from my prison cell at the Nevada State Prison (NSP) where I still sit for a crime I did not commit. Even if I were to be released tomorrow, thirteen years of my life are just gone, never to be replaced. It just can’t be done no matter how hard I might try. The end result is nothing more than permanent damage and sense of loss to me, both physically and mentally.
When I was arrested in 1988, my son was one year old. Today he is almost fourteen. These are probably the most important and impressionable years of his life and any opportunity to take part in that and help shape him as a person for his future has been taken away from me unjustly. It is not possible to find a means to replace that in his life or mine.

Additionally, the first eight years of my incarceration were spent in Nevada’s maximum security institution which, in general, is supposed to be where Nevada’s most violent and dangerous criminals are housed. While this is true in theory, there are still numerous prisoners housed in maximum that have no business being there. During my eight years in max, I saw so many stabbings and other random acts of serious violence that I have become desensitized to pain and death. I can see it and just pay no attention or care about it one way or another. While these acts of violence went on more at max, they still h appen here at NSP quite often, in fact, just yesterday. But I still view them the same. I pay no real attention because it is none of my business and does not directly concern me. I find this to be a troubling commentary on my mental state. I have no clue if I will ever overcome this and return to my normal self if I am ever released.

I have been shot at more times than I can remember, not because prison guards were shooting directly at me, but because they were shooting at prisoners next to or in close proximity to me. Because of this coupled with all of the violence that I have endured around and directed at me, I have acquired a paranoia that I have no idea if I can ever lose. I am constantly looking around me in every direction. It freaks me out to have anyone behind me because I just don’t know what they might be thinking at that moment. I don’t know if any of these problems can ever be repaired, but my personal sense of loss, as I see it now, is staggering to me.

When I first got to prison I realized that if this could happen to me, it could happen to anyone, including family or other loved ones. I went to work in the prison law library, then took a couple of years in law through correspondence courses, as well as some offered by the State College system at the prison, and learned through research that it didn’t have to happen. If you know the law and how it works, even a20person with a public defender that doesn’t give a shit about you or your case, you can guide the defense or otherwise protect your rights. So I took my case into my own hands and started from there.

What I didn’t realize until later was that the State justice system, police or district attorney did not give a shit. If they had made a mistake in convicting me, they really didn’t want to hear it. I mean, after all, all prisoners think they shouldn’t be in prison, what’s one more. All they cared about was that they balance the books – one conviction for one crime. They didn’t care how they got the books to balance or whether the accused was the right person or not. They would probably make great accountants. We’ve all seen it on T.V. and in newspapers recently “DNA frees man” after 10 – 15 years because he was innocent. Why two TV stations have offered to pay for my tests, but unfortunately, they’ve taken all the evidence and I don’t have any DNA left to test. However, you always see the prosecutor looking totally surprised. Gee, it must have been the other guy after all, but to the public, they maintain that they believed they had the right guy. They never say, “Hey, we fucked up.” This is simply because it would undermine their prosecuting ability and their public posturing which could turn into a political nightmare in the future.

The same is true for State district court and Supreme Court judges. When faced with a decision of convicting the wrong guy or convicting no one, they choose the wrong guy every time. An uneven balance sheet come election time could bite them in the ass. Nevada’s Supreme Court has openly admitted that during a national conference for Supreme Court justices that they were the butt of jokes because of their in-house bickering and inconsistent opinions. The Nevada Supreme Court also has a policy which discriminates against the poor. Basically, if you cannot afford a private attorney, or the court doesn’t appoint one to represent you, then your appeal sits for years before the court, in most cases, it will eventually be summarily dismissed. Over the years I have watched this pattern through my case and numerous others, and have come to the reality that State elected courts never seem to address the important issues when you are acting on your own, but instead, choose one minor issue and dismiss the case rather than decide the major issues that are crying for resolution. In other words, it’s not the words. If Nolan Klein says it, they don’t want to listen, but if an attorney says it, they brag that it will be processed within one year now that they have new “fast track” system. My case is filed “in pro per” because I represent myself. My case has been pending for decision by the Supreme Court of Nevada for 2 and ½ years.

The current parole board is no better. They have told me that they felt their predecessors were too good for paroling prisoners from sentence to sentence indicating that they were going to fix that little indiscretion and have further made it clear to me that until I come to them and admit guilt and show remorse, I will never get out of prison.

So, because I will not sway from the fact that I didn’t commit this crime, I will never be released from prison, I just will not say I did this crime when I know I did not, nor should I have to in order to be released. Nonetheless, if that means spending the rest of my natural life in prison, so be it.
Unfortunately, its easy for anyone reading this to ignore it. That is, until it happens to you or someone you know. In this country we make almost everything illegal to some degree or another, so don’t think it can’t happen to you. All it takes is a couple of up and coming detectives and a newly elected prosecutor and you being in the wrong place at the wrong time. That prosecutor and that detective have a balance sheet that needs to be completed and you can wind up understanding this better than you ever imagined.

With the exception of the last eight months I have always looked at my circumstances and life as if I would simply die in prison. However, for the last six to eight months I have had renewed hope. Unfortunately, after re-evaluating the judicial process as I have observed it in its entirety, it’s probably a false hope. When viewed over the last twelve years, it would appear more to me that my initial position is correct. The simple truth is that because the judicial system in Nevada, as well as the parole board, are motivated by what is politically favorable rather than what is right, guilt or innocence is totally irrelevant to the process itself. The American public wants criminals in jail because they are tired of being afraid in the streets and tired of being victims. That fear causes the elected prosecutors to be entirely mo tivated to make certain that for every crime there is a criminal. As such, I feel the need to face the reality that I will spend the rest of my life in prison for a crime I did not commit, whether my life ends tomorrow by the act of another or in twenty years by natural causes.

Signed,
Nolan Klein #28074
Nevada State Prison
April 2001

Nolan Klein dies in prison

Sad news. Our condolences are with Tonja Brown and her family and friends. Rest in peace, Nolan. May the truth be heard loud and clear.

From Nevada Appeal:

Nolan Klein, who had spent nearly 20 years in the Nevada prison system trying to prove his innocence, died Sunday in the infirmary at Northern Nevada Correctional Center. He was 54.

Klein never wavered from his claim that he had been wrongfully convicted of raping a woman in a Sparks shoe store in 1988. His staunchest supporter in that cause was his sister Tonya Brown who has worked since that conviction to try find evidence which would clear her brother.

His death comes just a week after Director of Corrections Howard Skolnik ordered his staff to begin preparing paperwork for a compassionate release due to Klein’s failing health. He was suffering from several serious health problems including pneumonia and liver failure from Hepatitis C.

Brown said the fight to clear her brother’s name will continue. There are actions before judges in both state and federal court challenging the conviction and accusing the Washoe County District Attorney’s office of hiding or destroying potentially exculpatory evidence.

Here is another article, printed on Sept. 24, 2009 in the Reno Gazette-Journal.

Demonstration, New Website for Nolan Klein

Last Friday (21 August), a group of Advocates for the Innocent gathered and demonstrated at the Federal Court House, Reno, NV. Their goal: to expose Ron Rachow and the Washoe County Dick Gammick and the DA’s administration of the last 21 years, who withheld evidence in the case of Nolan Klein (and who knows of more innocent people?).

The demonstration was organized in support of Tonja Brown and her brother Nolan Klein, who is gravely ill, and who has been in prison for the last 21 years in a wrongful conviction due to the withholding of evidence by Ron Rachow.

A new website has also been launched to inform the public about this case: JusticeforNolanKlein.com.

The following link contains the documents submitted to the Advisory Commission requesting a case study to be conducted on Wrongful convictions through eyewitness testimony and tainted photo line ups. The information in the link shows the discrepancies between Nolan Klein and the prime suspect that was withheld from the defense by Ron Rachow.

This is the link to the exhibits (PDF opens).

Tonja Brown submitted to the Advisory Commission a proposed bill dealing with DNA evidence and wrongful convictions. She requested the Commission recommend the bill to the 2009 Legislature. She said the bill entitled an inmate to have DNA testing at his own expense.

She said her other item of discussion, Agenda Item VI-D, was eyewitness identification. She provided a large packet of exhibit material for the Commission. She asked the Commissioners to look at the photo lineup included in her materials.

Ms. Brown read further statements from her exhibits.
Chair Hardesty said the Commission had Ms. Brown’s material and he asked her to make a policy issue. Ms. Brown recommended the Commission needed to study misidentification and recommend to the Legislature they do a case study.