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Special Agent NEEDS OUR HELP


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#51 VINCENT A CEFALU

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Posted 27 June 2010 - 04:53 PM

Below is a "cut and paste" letter that can be sent to your congressional representatives. PLEASE TAKE THE TIME. IT COULD HAVE BEEN ONE OF US. Here is the latest update on Special Agent Clarks Virgin Islands court case. Also listen to an interview regarding Agent Clarks plight at http://icestream.bonnint.net/dc/fnr/fed_talk/!FEDTALK_06-25-2010.mp3. 06/25/10 USVI District Court. Judge Brenda Hollar Motions to Dismiss by Vince Cohen Hales statement to VIPD not documented by VIPD? Duncan’s multiple statement to VIPD and then denied by Duncan? BRADY issue of Duncan’s statement to McCall is epitome of Brady and case should be dismissed. BRADY is Government’s Obligation to Defense.? As of June 11, 2010 All of BRADY not handed over, that court had ordered.? On 6/21/10 Gov provided Brady? 6/23/10 Gov provided BRADY? 6/25/10 Gov provides twenty-five (25) pages of BRADY? In 18 months Government has provided piece meal of BRADY to the Defense? On September 18, 2009, Duncan made a statement VIPD. The BRADY material asked of the Gov to be able to impeach her not been handed over since 01/2009? Gov also has refused to hand over previous VIPD calls to Mahogany Run for previous domestic violence calls.? List of Prescription medicine found in Sukow’s apartment never handed over. What Prescriptions Duncan & Sukow were taking never provided by Gov to Defense. Now Gov is claiming that the list doesn’t exist.? Contents of camera that VIPD took into custody from Sukow’s apt never handed over to defense? Interview by VIPD Off Potter of Duncan at hospital and of Hale’s interview by James McCall also never handed over to defense. ? Off Baptiste also spoke to Duncan and interview never handed over? 427 of 106 BRADY violation is inexcusable and a dismissal or a Mistrial should occur? This court has previously sanctioned Gumbs for Brady violations? Motions to file for missing evidence cannot be filed by defense because defense does Not know what evidence is missing or Not.? McCall who arrived on the scene was never interviewed by VIPD and if he was we GOV has not provided statement to defense.? James McCall’s interview by VIPD also has not been provided as requested. Gov has not responded to Defense if such interview even exists. GUMB’s on Record in response to court On September 22, 2008, Detectives Stout, (Maigh? )& Best did speak to Rankin & Hale, but they never documented Hale’s statement because she did not dispute Rankin’s statement and because she did not witness the incident herself. Judge Hollar: Was McCall interviewed by VIPD? Gumbs: No Judge: Why NOT? Gumbs: it is what it is.. Judge: (In her usual outburst) Then the defense is correct here that the Governments lack of Brady material and the Defense is doing the work of the government! Gumbs: the list of drugs/prescription was not documented. Photos were only taken of the apartment. VIPD saw no reason to document a list. Gumbs: No camera exists in VIPD custody. Judge: Why was the camera taken in the first place? Why? (in her usual outburst) Gumbs: VIPD took the camera and then returned it to Duncan. Mark Schamel motions to dismiss. Your Honor the Gov just admitted to Sloppy/Shoddy Investigation. Gov admits to BRADY by not disclosing Hale’s statement to VIPD about incident because it was consistent with Rankin’s. Gov did not draw enough blood (Sukow’s body) and did not preserve evidence. Gov failed to do so to preserve exculpatory evidence. They could’ve taken a Gallon of blood, but only took six (6) milliliters, when the standard amount of blood needed for to preservation for evidentiary purposes and to test for other substances according to our FBI toxicology expert, is at least thirty (30) milliliters. The box of Chantix found in Margie Duncan’s apt leads us (defense) to believe that Sukow could’ve been taking Chantix to stop smoking and if taken with Alcohol, studies have shown that it leads to Homicidal Maniac behavior, but since there is no blood left, we will never know that. Sukow’s had a broken hand and it was never x-rayed during the autopsy and the body was returned to the family who cremated it. How is it that an individual with a broken hand managed to hold a flashlight and use it to strike a vehicle and then continue to fight the ambulance personnel? Gumbs response to Schamels motions Gumbs: Sorry your Honor but it was four (4) months after that this became a case and we couldn’t preserve the body for evidence Judge Hollar to Mark: Do you think that the government should’ve preserved the body and withheld it from the family forever? Or do you think that exhuming the body is right? Mark S: Your Honor, in some cases the police have exhumed bodies for that purpose, but since the family cremated the body. (There was some dialogue from the judge to Gumbs about what time James McCall arrived at the scene after the 911 call, but the Gov had no idea) (Gumbs also complained to the Judge that James McCall allowed Penny Stricklin to take possession of Will’s firearm after the shooting, to which the Judge replied to Gumbs that McCall must have been okay with Penny taking possession of the firearm) The Judge then gave the Gov a July 1, 2010, set in stone, ultimate deadline to provide the defense, All of the requested discovery. June 25, 2010 Insert Name here Honorable United States Senator Dear ************: I am a registered voter and U.S. Citizen and am writing you about this matter of utmost importance. A U. S. Citizen and Federal Special Agent requires your immediate assistance. ATF Special Agent William Clark is the victim of an unwarranted prosecution regarding the below incident in the U. S. Virgin Islands. This Federal Agent has dedicated his life to protecting and securing the United States and it is time for the United States to return the favor. In 2008 ATF Special Agent Clark was stationed in the Territory of the U.S. Virgin Islands, assign on the island of St. Thomas. On September 7, 2008, Special Agent Clark, a new father, was thrust into a volatile situation, which changed his life. Special Agent Clark observed a heated domestic situation involving his neighbors, Margie Duncan and Marcus Sukow. He noted that the intoxicated Sukow was violently threatening and assaulting Duncan. SA Clark responded to Duncan’s pleas for help and attempted to pacify Sukow and aid Duncan in leaving. Sukow became enraged and attacked SA Clark with a large, metal flashlight and SA Clark defended himself with his firearm. Despite SA Clark’s best attempts to resuscitate him, Mr. Sukow did not survive his injuries. The ATF Shooting Review process has concluded that the actions of Special Agent Clark were in accordance with established rules and policies, and as such, the shooting has been ruled justifiable. From the outset, the investigation of the U.S. Virgin Islands Police Department was, at best, flawed. Arguably, the investigation was severely affected. Since this incident, two of the officers deeply involved in the investigation of the shooting have been convicted of felonies in U.S. District Court relating to extortion and bribery. Though these convictions are not related to SA Clark’s incident, they are certainly illustrative of some the insidious problems with the Territory’s “investigation.” Despite all of this and the sage counsel of the U.S. Attorney’s Office, the Attorney General of the U.S. Virgin Islands, inexplicably, opted to prosecute SA Clark. SA Clark and his legal team have exhausted all legal remedies to prevent having this case tried in a biased Territorial court. Such efforts have been hampered by bad faith omissions, flawed logic and poor application of law. In April of 2009, U.S. District Court Judge Gomez ruled against transferring the case to U.S. District Court; his decision certainly effected by the U.S. Virgin Islands withholding details of witness’s exculpatory statement of details leading up to the shooting. On March 19, 2010, U.S.V.I. Superior Court Judge Brenda Hollar invalidated the supremacy clause declaring that the “Constitution does not follow the flag” and that “not every provision of the Constitution is applicable in the Virgin Islands” and that, therefore, he could not be granted immunity as a federal agent. By extrapolation, she may as well have said that Agent Clark had no right to carry his bureau-issued firearm, no right to respond to the desperate pleas of an abused woman in dire straits, nor did he have any right to defend himself from a serious injury from an intoxicated and dangerous man. A trial date of July 12, 2010, is scheduled. I pray that you will give this your urgent attention. Please look into this. Special Agent Clark- Wil is a good man and does not deserve this. Sincerely,
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#52 Rex Roces

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Posted 26 June 2010 - 11:13 PM

Agents need to get the word out about this case. And until charges are dropped, Americans need to BOYCOTT THE VIRGIN ISLANDS. Hurt them in them their pocket book. The economy in the US VI is largely sustained by tourism, many of whom visit on cruise ships. We need to take a stand and hold a demonstration in the Miami area. Hundreds of Americans are boarding cruise ships every day en-route to the US VI. We need to inform them that they to can be wrongfully prosecuted for murder while on their vacation.

#53 ProConfesso

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Posted 26 June 2010 - 12:36 PM

FLEOA president spoke about case on "FedTalk" radio show yesterday. This is the link. It starts about 5 minutes in to show. Clark's attorney speaks at length. He has a trial date set for July 12th. Interesting to note that Fleoa calls for Agency Directors to remove LE personnel from the VI. Note also that Supremacy clause does not apply in VI and that his attorney was unable to file an interlocutory appeal as the VI court is not bound to rule. http://www.federalne...=1552333&nid=11

#54 Bulletman

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Posted 14 June 2010 - 07:47 PM

Thanks for letting us know what is going on with him down in the VI.


Here's one more email address to use: Nick_Podsiadly@judiciary-rep.senate.gov He is the top staff guy for Senator Grassley on the Judiciary Committee. Grassley is aware of the situation but we need to plug Podsiadly's email inbox. Also use: grassley.senate.gov/contact.cfm This takes you to Grassley's web form. He needs to see a lot of activity at this address as well.
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#55 adelgadoiis

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Posted 13 June 2010 - 05:58 PM

Let's keep our brother in our prayers. And PLEASE take the time to write Eric Holder and the Senators. We have provided their Numbers and a cut and past message below. It could have been you.


Thanks for letting us know what is going on with him down in the VI.

#56 VINCENT A CEFALU

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Posted 12 June 2010 - 09:02 AM

Let's keep our brother in our prayers. And PLEASE take the time to write Eric Holder and the Senators. We have provided their Numbers and a cut and past message below. It could have been you.
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#57 Guest_Corny_*

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Posted 11 June 2010 - 03:18 PM

God bless Will Clark. We will do our part to protect your freedom, Will.

#58 VINCENT A CEFALU

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Posted 11 June 2010 - 11:02 AM

The Judge has refused to apply the United States Constitution to a United States Citizen in a United States Territory. DOJ attorneys in the V.I. have erroneously recused themselves for political NOT legal reasons. A Special Prosecutor must be assigned, THE UNITED STATES ATTORNEY GENERAL MUST INTERVENE, or SA Clarks case should clearly come under the jurisdiction of the United States Government for the simple and sole reason that;
#1 ATF's shooting review has revealed that Agent Clark was within policy in his use of deadly force.
#2 He was acting within the scope of his duties as a FEDERAL law enforcement agent. Before you ignore this plea, REMEMBER, IT COULD HAVE BEEN AND MAY BE ANY ONE OF US. IF YOU CAN SPARE A COUPLE$$$$, A DEFENSE FUND HAS BEEN ESTABLISHED AND THE ADDRESS IS BELOW.

The following can be cut and pasted, printed and faxed to Senator Leahy at 202 224 - 3479 and Senator Grassley at 202 224 - 6020.

Senator, we as U.S. Citizens and Federal Agents request your immediate assistance and oversight regarding the below incident currently underway in the U.S. Virgin Islands. This Special Agent has dedicated his life to protecting and securing the United States and it is time for the United States to return the favor.


This message should also be cut and pasted to Attorney General Eric Holders message/mailbox contained right on the ATF website. Do it now. Do it today. One of OUR Agents life is on the line.

On Sept. 07, 2008 ATF Special Agent William Clark, stationed in St. Thomas, Virgin Islands, was assaulted by an armed and violent assailant who, when the Agent went to the aide of the assailant's girlfriend who was being threatened and assaulted by the assailant in a heated domestic brawl. The girlfriend, Ms. Margie Duncan pleaded for the Agent (a neighbor) to rescue her from her live-in abusive partner, Marcus Sukow. Both the assailant and his victim knew that the Agent was a federal law enforcement officer, and in desperation she naturally sought refuge in the one she knew would help her.

The enraged assailant used a 6 D Cell, metal flashlight, similar to those used by police and security personnel, to first strike the vehicle of the victim when she initially tried to flee from him, then he attacked the Agent when she ran into the Agent's car for protection. As the assailant swung at the Agent, he struck hard against the door of vehicle door frame immediately prior to attempting to strike the Agent in the head. Special Agent Clark drew his service weapon and fired at the assailant at close range striking him several times in the chest.

Immediately thereafter, Agent Clark feverishly labored to administer first aide and comfort to his assailant. Ultimately, the assailant died while in the care of medical professionals. Agent Clark was charged with 2nd Degree Murder by the AG's Office in the U.S. Virgin Islands.

The ATF Shooting Review process has concluded that the actions of Special Agent Clark were in accordance with established rules and policies, and as such the shooting has been ruled justifiable.

An account has been activated and will accept all deposits forwarded. It has been titled as follows: William G. Clark – Legal Defense Fund. The account number is 3102217; the routing No. is 066015767. Biscayne Bank 3750 NW 87th Avenue, Doral, Florida 33178, Tel: 305-717-
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