Tracy Ingle: Another Drug War Outrage; from Reason Magazine (US), 5/7/08

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Daniel Zuniga #65038-080

Daniel with his family

Marijuana Conspiracy
12 Years, 6 Months

First I wish to say that I admire your courage and your goals for helping those in dire need.

The November Coalition is an organization of great influence to me and to those who are ignorant of what is really going on in our county, in our own backyard, to the thousands of families torn apart and devastated by the laws of this so called "free country."

Many don't seem to know or care until the bombshell hits their own backyard, and they are so dazed and confused that they don't know what to do next or who to turn to for help.

They are helpless and lost in all the confusion that sometimes, if not most often causes them to make the wrong choices about what to do next or where to go for help. They become vulnerable to everybody who wants to make a quick buck.

"They can't do this to me," was my first thought. But they can. I know because I was there. I am living proof that the government can do what it wants to anybody. It is a chilling and frightening experience to have a prosecutor who acts like a demigod take full control of your life and do whatever he wishes. I have met many prisoners of this "war on drugs" who share the same story. And I know that this war is destroying families across this nation by the thousands everyday. I myself was set up by my own cousins: two brothers who were working with the D.E.A., one of them for five years before I was indicted for conspiracy with intent to distribute in excess of 100 kilos of marijuana.

The irony of this conspiracy is that my own cousin arranged the meeting with their attorneys to represent me in this trial, while they were planning and scheming against me the whole time. Of course I did not know they were setting me up for the ride of my life - until the trial started.

While I was out on bail, my two cousins were trying like hell to make a better case for themselves, to satisfy the case agent (D.E.A.) by trying to get me to make any kind of illegal deal with them while under surveillance. But I would not submit to any kind of illegal activity, which upset them very much.

At the trial, to my surprise, I realized that they were going to be the star witnesses for the government, which gave me the shock of my life. They were allowed to testify to whatever it took to satisfy the government. But when it was time to cross-examine the star witness, neither of my attorneys was allowed to properly cross-examine because of a prior attorney-client relationship that both my attorneys had with the star witness.

"They can't do that," was my reaction. But they did. The judge went as far as threatening all the attorneys in the courtroom with contempt of court if they went anywhere near the attorney-client privilege relationship that the star witness had with these attorneys. Their concern was more for the witnesses than for the defendant, which was me.

"A deal with the devil, but in this case, a deal with three devils in order to get what we want," is how the prosecutor closed his argument at trial. The government did not have any substantial evidence on me; only the hearsay of three convicted felons who were in so deep that they were willing to do anything for the government to save themselves from going to prison while at the same time make a profit from the seizures that were to take place.

Pete Rodriquez was a fugitive in two states for two different crimes as well as other pending charges, all at the same time frame. Joe Valle was convicted for possession with intent to distribute marijuana and started the investigation on me because he thought I was having an affair with his wife, which turned out to be untrue. Richard Valle, the brother of Joe Valle, and the star witness for the government was convicted for possession with intent to distribute marijuana. His ex-wife also accused him of child molestation. Richard Valle had an attorney-client relationship with both of my attorneys as well as two other attorneys from the same law firm on different issues, which include the marijuana conviction and the child molestation charge.

This was a clear indication of a conflict of interest between clients. The prosecutor, the judge and both of my attorneys were aware of the danger that this conflict would have on me. Not once did any one of these officers of the court caution me about the danger that was going to occur.

The outcome of this trial and the price I must pay is 12 1/2 years in prison and 4 years of supervised release and $1,050 in fines - plus the penalty of breaking up my family. My story is long, chilling and depressing. There is not one day that goes by without thinking about what has happened to me. Like a bad dream, a nightmare where you are awake instead of asleep. It is my children who have to endure the pain of not having their father there to take care of them. I was married for 12 1/2 years, and I have 3 beautiful children whom I love with all my heart. I have not seen my children in more than two years. My wife divorced me the first year I was incarcerated and has since remarried. I cannot blame her for wanting to give them a better life, one that I could not possibly give them from in here.

My daughter, Crystal Ann is 17 years old, my son Daniel Jr. is 12 years old, and my son Jeremy Curtis is 11 years old. My son Jeremy often asks me if there is any way that he can bail me out so that I can be with him. How does a father answer a question like this?

Daniel Zuniga  65038-080
FPC Oakdale
PO Box 5010
Oakdale, LA 71463-5010

Updated - 2/28/01

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