What I Learned About the Criminal Justice System from Neanderthals & Liars – Attorney Marc J. Victor


You live in a police state. You know you
live in a police state, if you didn’t know, I’m here to tell you… you live in a
police state! I don’t know, I always think as long as Doug Casey is still
walking around a free man, I’m safe! Taxes are theft… that’s not really true
by the way, taxes is robbery, because robbery is the
threat of force. You know, theft is when you just sort of
sneak by and swipe something, and take off right. So, let’s call
it what it is, let’s be honest about it. Taxes are robbery. Think of this as two
separate areas of the justice system. We’ve got procedure which is, how do we
sort of process cases through the system, then we’ve got the substantive law. The
procedure is not that bad. If you made me the king of the procedure, there’s a lot
of things I’d change, but it’s really not that terrible. We do a pretty decent job,
not perfect, but pretty decent at figuring out who’s really guilty and
who’s not guilty. Which really just means the state hasn’t proven their case, but
it doesn’t matter, if what they’re guilty of is a bunch of stupid shit that
shouldn’t be against the law in the first place! people’s lives first off I don’t think
it’s right to generalize all people who are in law enforcement any more than I
would generalize everybody in any group I will give you some insights though
from my personal experiences having sat across on many occasions from DEA agents
I’m sitting across the table from them before the festivities begin and we’re
sort of off the record and I say hey man how’s that drug war thing going gonna
win any time soon and they generally laugh and I laugh too because we all
know it’s a complete joke this tragedy and I think it’s very important to note
happened in a gun-free school zone this is a gun grabbers heaven this is a spot
where nobody can have a gun in a state that’s got very strong gun regulations
it’s not right that a citizen would have to stand in defend against a felony
prosecution without having a fair presentation to the members of the
community that make up the grand jury I feel like our criminal law just hasn’t
caught up with everything else around us yes mr. white was driving a truck yes it
had marijuana and yes it had 600 pounds we somehow pretend we entertain a
fiction that because there was 600 pounds of marijuana this is somehow a
worse case or mr. white is somehow a worse guy than someone who maybe had six
pounds or six ounces I wonder what arguments were made during the last big
mistake our country made in this area during alcohol prohibition
I wonder if prosecutors stood up and said Judge he’s a terrible guy because
he’s got lots of cases of beer on the truck not just a few cases judge but
lots of cases of beer so I think about this now I wonder if the Budweiser guy
who drives the longer truck if he’s a mores worse guy a more dangerous guy
than the Budweiser guy who drives this smaller truck and it sounds
Nicholas judge because it is ridiculous so what nobody has a right to force
another person to respect the symbol really what the controversy of our unit
is about here is people are just upset because other people aren’t respecting
things that they all dear well sorry if you live in a free society that’s like
other people don’t have to respect things that you respect one of the
factors that you are required to consider which I know you will are the
views of the victim the victim wants a band the victim wants officer Brailsford
treated like everybody else you would think that they would step up and say
you know what we get to compensate her she’s clearly been harmed she’s clearly
been damaged but no I always tell people what I’m trying to sell you on is that
you ought to be in charge of you and I ought to be in charge of me I don’t know
why that is so damn hard to understand you okay so it’s probably no secret to
anybody here that I’m a freedom activist I’ve been a freedom activist really as
long as I’ve been a lawyer maybe even longer because I think I started
becoming a freedom activist after I met Butler Schaefer and had endless
discussions in his his office there that always started to kind of the same way
well if the government stopped doing this how would we get that we’d have a
huge problem which case Butler would always respond with the same same way
he’d say yeah seems like you’re right about that mark nice to see we need the
government to do this and that and he would just simply ask me a question well
what would happen next and I would say well I don’t know obviously this and he
would say yeah what would happen after that I would say well I don’t know maybe
this then you say what would happen next and I would say ah I understand now and
we went through this Pradas the sort of process issue after issue after issue
and that’s typically what I speak on because I love to speak on freedom
issues I love talking about the non-aggression principle that’s why I
did this huge rant last night because I can’t possibly give a talk without
talking about the non-aggression principle so that’s sort of the prelude
to this talk because I’m not going to talk about the non-aggression principle
at all I love talking about the drug war I love arguing about it I don’t even
know if you said to me mark argue the other side of the drug war I don’t know
what I would say one of my favorite things to talk about I’m not going to
talk about the drug war this morning the justice system I know a lot about the
justice system I’ve been traveling through this thing this beast of a
system that we have that’s pretty good my my good brother
Alessandro over here who’s also a criminal defense attorney we’re going to
hear from him later today and I’m really excited about that
took me through the courts of Rome and I got to see some things that’s going on
in the justice system over in Italy and it made me feel like our systems pretty
good on some issues I love talking about the justice system but I won’t be
talking about that today nor will I be talking
about guns this is an entirely different kind of speech this is a speech that’s
very personal to me I’m going to talk about something that I have not talked
about publicly ever but I’m gonna start by being just a little bit cocky I know
you’ll be shocked about this look it’s just the truth right it’s not cocky if
it’s the truth right I mean you’d have a hard time maybe it could be done you’d
have a really hard time finding any criminal defense attorney anywhere at
least in this state who’s got a broader base of experience in the criminal
justice system than me I’ve done a lot I estimate I’ve represented over 2,000
people on felony cases many of them maybe even most of them major felonies
I’ve handled lots of first-degree murder cases lots of sex cases white-collar
crime cases endless gun cases countless drug cases serious drug cases argued
endlessly even in court on the record against the drug war countless times
I’ve tried to a jury several death penalty cases tried many other very
serious high-level felony cases to a jury represented many people throughout
every corner of this state I got cases right now way up in what is that crazy
county up there st. John’s Arizona some of you never even heard of it it’s like
four-hour drive to get up there and all the way down to Yuma the other side all
through our state I do state cases federal cases I’ve done
state and federal cases and other states as well I’ve done tons of Appeals state
appeals federal appeals I’ve argued several times at the Ninth Circuit Court
of Appeals in San Francisco and I have one there as well I’ve done countless
misdemeanors and countless misdemeanor courts even done a lot of high-profile
cases some of you may have heard represented Elizabeth Johnson in the
baby Gabriel case whole trial was covered live on national TV proud to say
I represented dr. Steinmetz gun activist who took his ar-15 for a walk the Sky
Harbor Airport just because he could I didn’t know him at that point but it was
a successful defense some of you may know if you’re watching TV these days
that I represent Doug Hague right now who’s been accused of various things
maybe related maybe not related to the tragedy that occurred in Las Vegas I’ve
been an expert commentator on the TV on radio I was the main commentator here in
Arizona on the Jodi arias case been quoted many many times also built an
incredible law firm one that I got to rename the attorneys for freedom law
firm and you cannot be an attorney at my law firm unless you are a hardcore Pro
freedom libertarian and you admit it publicly you gotta sign a statement of
principles that I wrote and it’s tough my position is no libertarian could
possibly disagree with anything on my freedom pledge and no non libertarian
could possibly agree with everything in there you can’t sign that publicly you
can’t work as a lawyer at my law firm I got unbelievably awesome people at all
levels of my law firm there just isn’t much that I have not done as a criminal
defense attorney but I realize now that until just recently I was woefully
unprepared and inexperienced to represent people in our justice system I
didn’t have any idea what was going on even after all of that yeah I’ve toured
the jail’s toured the prison had tours where I’ve walked through and
this is where they this is where they shower and this is the food they get and
this is where they sleep but I’ve seen that I’ve gone through kind of like the
judges have gone through this is the jail this is what happens but I knew I
was leaving I’ve spent countless hours talking to people who were incarcerated
I’ve been on my side of the glass they’re on their side of the glass hey
how’re they treatin you man lots of contact visits to where I’ve sat
down in a tiny little room with somebody who’s been incarcerated also made lots
of friendships that way with lots of people fellow brothers and sisters who
should not have been incarcerated also spent countless hours in my office
talking to people who claimed I don’t know if they’re telling me the truth or
not that they’ve been mistreated by the police they told me stories what had
happened you know how fast you were driving on my road the officer said to
me they said I don’t know did the officer really say that I’ve heard lots
of horror stories some of them hard to believe but it was still hard to have a
really full understanding of what goes on in our justice system that all
changed for me on December December 21st 2013 all of that changed for me only now
can I start talking about what happened to me on that day
it’s been over four years this is my very first time speaking of this
incident publicly but it’s a story that needs to be told so as hard as it is for
me to tell this story I stand before you on videotape as well because I want the
entire world to know about what happened the story starts a week earlier on
December 14 2013 my ex and myself and my five kids took a
pleasure cruise out of the Port of Miami we had an awesome time if you’ve been on
one of these cruises you know how it is Absolut elegance opulence food
everywhere the best food great time entertainment ports of call I was there
with my kids we stopped in Jamaica I saw my great buddy Richard Barton in Jamaica
my brother and freedom terrific trip on the ship I noticed that they were
selling things in a duty-free store you know come come shop at the duty-free
store no taxes everything duty-free great deals I bought my very first watch
on that cruise this watch I have right here today I went into the store and I
bought this really beautiful Tag Heuer watch about a second watch as well I had
finally arrived as an attorney first time in my life I had a watch this
wasn’t much of a watch where use my phone a week later 1221 crews had ended
and we were exiting the ship in preparing to clear customs with our five
kids my ex always handled the declaration form you know this
government form you gotta fill out I don’t like filling out government forms
it’s like Maj was talking about that form 4473 I don’t like filling out that
form I never recommend anybody fill out that form you don’t have to fill out
that form if you buy a second hand gun in the secondary market why would you
want to fill out a government form so I don’t want to fill him out so I gave it
to my ex to fill out the form but this was sort of uneventful
we took our luggage we took our kids we went through customs handed the
passports whatever permission government permission slips we needed we showed
handed in the customs form very uneventful way exited the terminal onto
the sidewalk and began to do what travelers do I had contracted ahead of
time for a shuttle to take myself my ex my
five kids some of our friends some of their kids to the airport and we started
searching for that shuttle as we were standing there looking for the shuttle
all of a sudden I was approached by a very upset agitated angry customs and
border patrol agent came right up to me like she was upset with me
she said you need to come with me right now I said what do you mean for what
what’s going on just come with me I said okay well where are we going
come with me said what look like I got five kids here I got my luggage on the
curb here in Miami I got a shuttle come and I I need
somebody to watch my kids how long am I gonna be gone come with me come with me
so in fairness there might have been I don’t know a five-second delay from when
she said come with me till I started coming with me or coming with her I
should say but that five-second delay man that infuriated that Customs and
Border Patrol agent somebody with the badge says jump you’re expected to say
how high as you’re in the air already and that I didn’t do that that I had
some questions I think annoyed this Customs and Border
Patrol agent but nonetheless I decided to comply so I walked with my ex through
the port terminal to secondary I was taken to a secondary checkpoint for
customs in Border Patrol and when I arrived there I stood on the side of a
table and they were on the other side of the table stood a very professional
Customs and Border Patrol agent who was absolutely fantastic he asked me a
simple question as he presented the customs form to me he said hey did you
purchase a couple of watches onboard that ship that you failed to declare on
this form I said well I don’t know let me see the form he said take a look at
the form so he handed me the form and I looked at it and I
saw for the very first time this form and there sure was not two watches
declared but I looked down at the bottom and I saw what the rules were and the
rules said you are to declare things that you bought over a certain value
abroad and I thought well did I buy this abroad I mean I always thought abroad
meant in a foreign country I don’t know if abroad applies to in international
waters so I said I don’t know if I fail to declare something or not so the very
professional Customs and Border Patrol agent said to me he proposed a
resolution he said how about this mr. Victor I’ll give you a blank form take
your form go sit over here about two feet away there were some chairs so why
don’t you sit down take your time call whoever you got a call research whatever
you got a research if you’d like to fill out the form again and turn it in no
problem I said that sounds like a reasonable resolution I said fantastic I
will take your offer and I picked up the filled out form that he had handed me
back and I took the blank form from him and then I turned to go sit down in the
chair and fill out the form well what I hadn’t told you is during this
conversation we were visited by a what I would call 300-pound
Neanderthal customs agent you know in my mind the issue had already been resolved
though voices were raised we were in a complete agreement on how to resolve the
issue but nobody had communicated this to the Neanderthal who had approached
the situation kind of like this and he was standing here 300 pounds of blubber
plus a bunch of other cellular matter in his head where a brain cells would go
and he was leaning over in a very imposing kind of way like what’s the
problem here as we were having this finishing off our conversation he was
hovering over me in very intimidating way I don’t think he was aware of my
resolution the very professional Customs and Border
Patrol agent and I suspect he didn’t much like the fact that I picked up the
offending form the evidence in the case and started walking away I think he
thought I might have been up to something that I shouldn’t have been up
to and he seemed a little upset by that but I looked at that and I saw it was a
tad bit disturbed but as I turned to walk away I figured look the other
Border Patrol agent will sort of explain to him we got it all figured out
everything’s fine so as I turned and started walking over
here I felt what I could only explain as two strong hands
come here Marge let me give you let me tell you let me use you as an example
you’re me Marge is me and I’m the 300-pound nutcase he came up behind me
went like this and I did just what Marge did I turned around to see who it was I
thought maybe it was my buddy Mike who was also exiting the cruise ship just
call and say haha man you got sent to secondary how funny but as I turned
around I saw I was this Neanderthal and as I turned like this he shook me back
and I looked at I said what are you doing and he kept shaking me and I said
a second time what are you doing man and just as I said that he picked me up off
the ground really high up brought me about over here and then smashed me
headfirst into the ground I felt my face smash on to the ground my elbow smash my
knee smashed and I was pinned under 300 pounds of blubber at this point I was
totally injured I couldn’t tell at this point because I couldn’t look at
anything but I was bleeding and I was injured and I’m laying there on the
ground thinking to myself this guy just made a huge mistake there’s going to be
a lawsuit here when this witness thing is resolved but then I heard him start
yelling you know what he was yelling presenting and I thought you got to be
kidding me right I mean I’m squished on the ground stop
resisting I thought you know what I know this game
I’ve heard this before from some of my clients so I said I’m not resisting to
which he responded stop resisting once that happened some of his friends showed
up and I felt nothing but elbows and knees in a lot more weight in what first
was this is going to be a lawsuit type situation turned into a dogpile
situation turned into this is now a life-threatening situation because I
couldn’t breathe I felt the air squishing from my lungs
as these guys were piling on me all three of them now screaming as loud as
they could stop resisting stop resisting as they’re punching me and needing me
and kicking me as I’m on the floor squished like a bug fortunately I’ve
been doing bench presses for the last 30 or so years and I was just strong enough
to squeak up my chest to squeak in a little air to squeak out I can’t breathe that was almost the end for me because I
couldn’t breathe fortunately one of the thugs on my back yelled out flatten out
your hand I got flattened out my hand what’s he
talking about as I was squished on the ground and I
saw my arm was kind of like this I’ll put it here as if this is the floor I
saw my hand was sort of cupped on the ground I don’t know why this was
important to him but I figured this would be a good time to flatten out my
hand so I flattened out my hand once I flattened out my hand I got a new pair
of bracelets put on my put on my wrist and I was immediately taken away cuffed
and stuffed into a tiny little cell somewhere at the Port of Miami
not only was I put into this tiny little cell
I was also handcuffed in a way I would only call torturous I was put on a bench
and then I was cuffed behind my back on an angle like this where I was forced to
sit for hours well the handcuffs which were not double locked grew tighter in
tighter and tighter just as I was being put into the cell they were rummaging
through my wallet and one of them said this guy’s a lawyer I didn’t know if
that was going to help her hurt at this point but the handcuffs kept growing
tighter and tighter and tighter because they were not double locked at one point
the Neanderthal entered my cell with an act of kindness had some water in his
hands for me because hours had gone by I wasn’t even able to check what it was
going on with my knee or my elbow or my face or my head or my watch which was
probably smashed and broken he came in with some water and I thought yeah be
great to have some water and then he put it in front of my face like this and put
it down right there well he left me cuffed like this so I was able to look
at the water for the next hour well it’s sat there on the bench next to
me he even taunted me about the water as I
was fearing permanent damage to my fingers which were now numb I couldn’t
feel my fingers any longer so I kept yelling hello hello can I get some help
in here and I’m screaming and yelling about the pain that I’m in because I’m
handcuffed behind my back way too tight growing tighter and tighter and tighter
until one of the Customs and Border Patrol agents came in and said hey just
want to let you know your kids have been moved into the area and they’re hearing
you scream and yell and pain right now just letting you know
so that shut me up for a while till finally a Customs and Border Patrol
supervisor came in the room and as I thought finally somebody here who I can
talk to about what happened here I was very thankful and happy to see the
Customs and Border Patrol supervisor enter the room I quickly detected her
contempt for me as she said do you know how serious this is I said what are you
talking about do you know what happened here she said I know exactly what
happened here five Customs and Border Patrol agents
saw you turn around assume a boxing stance and start throwing punches
against the Neanderthal five Customs and Border Patrol agents we’re eyewitnesses
to your assault on a federal officer and that’s exactly what you’re going to be
charged with I wasn’t worried at all why me why should I be worried this is the
secondary checkpoint of Customs and Border Patrol all you got to do is pull
the video and you’ll see exactly what happened so I didn’t have any concern at
this point in fact I knew exactly what had happened
and I knew exactly what didn’t happen and I knew damn well that I absolutely
if anybody who knows me I sort of subscribe to this thing called the
non-aggression principle I’m not likely to turn around and assume a boxing
stance and start throwing punches but just for the fun of it I did a polygraph
examination on December 21st 2013 did you intentionally hit or strike any law
enforcement officer while at port of miami cruise terminal no same
date did you initiate any physical force against any law enforcement officer well
at the Port of Miami cruise terminal no same date did you ever become physically
combative with any law enforcement officer while at the Port of Miami
cruise terminal no test results no deception indicated
polygraph passed the exhibit number two same questions presented to my ex did
you see mark intentionally hit or strike no no no no test results no deception
indicated I knew what the truth was I wasn’t all that worried until finally
Homeland Security an investigator came in to get to the bottom of what happened
here I had wrongfully assumed that this guy
had reviewed the situation maybe saw the video
maybe knew what happened I thought maybe he was there to investigate Customs and
Border Patrol’s activities that day first thing out of my mouth to this guy
hey man please make sure the video is preserved please that’s all I care about
at this point he turned to me and said ain’t no video I said no no dude this is
this is the secondary checkpoint of an international international border this
is the secondary checkpoint there ain’t no way there’s no video of this incident
he said no man I’ll check again but I just I don’t think there’s any video at
all of this incident and I’m here to let you know up until just recently I have
as aggressively as one can been pursuing the disclosure of that video through
Freedom of Information Act requests appeals administrative proceedings and
on and on and on answers I get back our to number
one ain’t no video and number two even if there was a video this is absolutely
critical national security stuff and we we couldn’t release this possibly
release this video this is a danger national security if this video of
customs and the same reason you can’t take your cell phone you can’t use it
because it’s very secret there we could never release any video even if there
was one which there definitely isn’t I was informed by that that Homeland
Security agent that I would be booked into jail that day didn’t matter that I
had a flight plan back didn’t matter anything else about going on with what
was going on in my life didn’t matter that my kids were there and I needed to
get him back from Miami he said no you’re gonna be charged with a felony
assault of a federal officer and I’m here to book you into jail like I said
didn’t care about how this was going to affect my life so I went from there to
an experience I hadn’t had yet the experience of being presumed innocent in
our justice system and now I will tell you what it’s like to be presumed
innocent in our justice system I was taken to a federal holding facility
around Saturday around noontime because that’s how long we came in probably
around I don’t know 7:30 8 o’clock in the
morning was about noon by the time they got me to the federal holding facility
I was then strip searched twice they had a check to see if I was smuggling
anything up my rectum twice into the federal holding facility spread Oh
spread out mr. vector spread those cheeks we got to look and make sure
you’re not smuggling anything they changed me into jail garb I was
handcuffed almost the entire time I was paraded through the federal facility
where they walked me to what I would describe
as a tiny filthy jail cell where they open the door and I remember just as
they were ready to stuff me into that cell I said how long do I have to stay
in here and never forget what the guy said till Monday when you see the judge
threw me in slam the door behind me I was definitely presumed guilty
there was one kind person along the way who I met in my travels at the federal
holding facility one person who showed me any compassion at all
it was another inmate really cool guy wish I could thank him today
one guy an inmate who was a fellow traveler through the same hellhole
that I was going through he said hey man seem like you’re new here I said yeah I
just got booked in today have you eaten I said no I can get you a bag you want a
bag I said yeah brought us over and he threw it through
my bar cell and I got a bag told me a few other things about kind of life
there I got a little compassion from somebody and I got to say it felt good
to be interacting with a human being after interacting with nothing but
Neanderthals I was in solitary confinement I didn’t get any phone call
I didn’t get any medical attention was nobody there who cared about what was
going on with me in my medical situation or what meds I might have been taking or
needed or what surgeries or medical conditions I might have had or what
injuries I may have suffered in my dogpile crushing with the Neanderthals I
was given horrendous food forget about the fact that I’m mostly vegan they
didn’t care it’s just like the movies there’s a little slit in the door they
opened that shoved in a tray tray usually
the same thing on it disgusting-looking Apple some white bread with Bologna or
salami or something in it maybe a piece of cheese strawberry cake
sometimes kool-aid got that sometimes and usually milk none of which I eat of
course horrendous food I had a shower but I had no curtain so whenever he
turned on the water it ran right out into the floor of the disgusting little
cell I was in I had water too from the filthy toilet water of combination
fountain thing that was sitting in myself no cup or anything no privacy
forget privacy like the toilet was right there in front of the window so if I had
to go to the bathroom or take a shower somebody could look right in at me but I
was just a chattel it didn’t matter at this point I had absolutely no privacy I
marked out how big my cell was because I had nothing to do but what I can tell
you is I could take six steps this way one two three four five six
I could take six steps that way and I could take three steps this way one two
three because the shower was taken up space if I took my other six steps
probably about the three or four I got a few extra steps over here that that was
my luxurious place where I was living I had a sheet no blanket I slept on a
metal rack with a paper-thin pad I don’t know if they did this on purpose or not
but it was so cold in that room that I think my teeth were chattering all night
it was one time I caught the guy who was coming through
shining his flashlight really bright through my window every hour on the hour
directly into my eyes just to make sure I couldn’t get any sleep
I caught him one time I say hey man can I get another sheet freezing in here
he said no we did that for you we have to do it for everybody so we can’t do
that I had mostly nothing to read nothing to
do and the pleasure of listening to other human beings scream and yell at
the top of their lungs all night long I was in 24-hour lockdown not 23-hour
lockdown 24-hour lockdown that was my life and I was presumed innocent as I
walked through my cell thinking about my predicament wondering about whether my
life that I’ve worked so hard for since I was 12 or 13 was now over five Customs
and Border Patrol agents said and will swear under oath that I turned around
assumed the boxing stance and started punching a federal officer in the face
and there’s no video that seemed like a pretty bad predicament the only thing I
could think about in my head at that time and I’ll clean it up just the tad
was screw them they will not break me I’ve been through tougher than this I
thought about Marine Corps boot camp at Parris Island this wasn’t shit compared
to that this was nothing I would get through this damn it I’m a lawyer I got
my own law firm I will fight them I will not cave I will never be broken ever by
them then I had an awesome experience one of the better experiences of my life
that really changed me on Sunday morning there was a knock on my door somebody
came in and said – beautiful thing to me that hit me right square in the heart
you know what it was your lawyer is here to visit you
your lawyer is here to visit you I thought there’s somebody out there in
the world who’s on my side who’s on the outside who’s getting me out of this
cell right now that I can come who’s gonna ask me how I’m doing that’s how
that feels Wow I don’t remember a thing the guy
said to me I just remember there was someone on the outside who knew
something about what was going on in this system who listened to my story
heard what I had to say and was on the outside working try to get me out of
this hellhole and I knew for the first time in my life what I do the effect of
what I do I saw it from the other side and it’s changed me forever I’ll never
forget ever what it’s what it was like to be visited by a criminal defense
lawyer when you are down in the bowels of the beast
being presumed innocent as I was December 23rd came Monday morning
finally came and I was awakened crazy early 2 a.m. is my best recollection
door open time to get up lights come on let’s go we’re leaving
I was paraded into court like a death row inmate I was chained around the
midsection with hands in the front my legs were chained and I had to walk
like this as they paraded me in the federal district court as a client for
the first time in my life I stood there next to my lawyer
hands and feet shackled mid check midsection shackled and totally
hundred-percent humiliated in front of my ex who was still there and in front
of my wonderful sister who heard about this on Saturday in California and
hopped the plane put her busy life on hold left her two
kids and topped the plane and was sitting there in federal court to
support me while I was brought out the way I was brought out and it was hard
for me to see the torture that I was putting them through I will say this to
be fair because I think it’s important that we always call balls and strikes on
everything that we say and I just feel I wouldn’t be tell doing this story
justice if I didn’t tell you about something else
the United States Marshals that I dealt with were wonderful
those guys were professional in every aspect and I have to say I indeed felt I
actually was presumed innocent by the way I was treated by the US Marshals I
told one of them yesterday as they were treating my client with dignity because
I was in federal court yesterday and I had occasion to tell a marshal yesterday
about my talk today and I told him what I was going to say he was very happy
about that so I went into court my lawyer met with the prosecutor first
thing he did is he came over to me and you know what he told me he said hey
mark I spoke with the prosecutor the prosecutor thinks this is a very serious
case they’re going ahead full steam ahead he’s upset with what you did he’s
even more upset because you’re an officer of the court that she would have
treated a federal agent like this they’re going for broke so I stood in
federal court for the first time in Chains all my hearings on that Monday
busy Monday had been rescheduled all my clients told mark didn’t catch his plane
back from Miami but I had a busy Tuesday and a busy Wednesday and I had a firm to
run and checks to sign and bills to pay and kids to take care of in a life to
get back to to attend to and I had no guarantee that this judge was a
they’re gonna let me out of jail or even if I was let out of jail I was going to
get the somewhat rare we’re going to give you permission to go back to
Arizona well your case in Florida is pending I needed both of those things
and I needed them really bad for my life was going to be taking a different
course with my law firm hanging in the balance
my life hanging in the balance I stood there well my lawyers said mr. Victor
he’s a lawyer on the federal the prestigious CJA panel the criminal
justice act panel in Arizona he’s been a lawyer on that panel for 20 years has no
priors it’s good good ties to the country he’ll be back
the judge said ok I’m going to release him from jail today
and I’m going to give him permission to go back to Arizona I thought huh my life
at least for the moment continues unchanged I was released hours later but
I had a felony case pending let’s see exhibit number three exhibit
number three the United States of America versus mark Victor the charge 18
United States Code section one one one assaulting resisting or impeding certain
officers or employees of the United States happened on December 21st 2013
signed by the judge that’s what I had a face a federal prosecution for assault
on a federal officer my attitude was I’m not pleading guilty in anything I did
nothing wrong yeah I’m concerned about those five
agents lying yeah I’m concerned about the transaction cost of fighting this
thing I got to hire a lawyer myself they don’t come cheap
it’s in Miami I have to fly to Miami and deal with this thing there’s going to be
lots of hearings and I still got five Lyon police officers to deal with I
got the affidavit written by this guy that’s the judge angle my right here the
special agent he wrote the affidavit and summarized the case which said Mark
Victor initially and I’m quoting refused to go to secondary when I was at the
curb I just refused to do it and then I quote became confrontational while
walking through the terminal end quote and I said while I was walking through
the terminal quote what type of fucking police officer are you end quote and
there was no video ever produced of what happened at secondary and the case went
on and on and on at that stalemate I wasn’t pleading and they weren’t
budging until something happened to change the case what happened was a
video surfaced not of the incident but of me walking through the terminal this
is what happens with lies right you might not cover up everything you might
just get some of it and leave a piece and there was a piece because there was
a video of me walking through the terminal and fortunately my lawyer told
me when he talked spoke to the United States attorney who was prosecuting the
case how blown away the United States attorney was when he viewed that video
after reviewing this this affidavit about how horrible I acted what he
actually saw was me very calmly walking through the terminal like a gentleman he
said he didn’t even see my lips move he didn’t see me say one word to anybody
about anything and apparently that got his attention
that something was wrong something wasn’t right when you read an affidavit
like that and then you have a video of somebody walking through the terminal
complete contradiction to what was represent
did he knew something wasn’t right he offered me the rarest of deals in
federal court I sent a package of information to the United States
attorney polygraphs my entire honorable service in the United States Marine
Corps commendations that I had received my over overseas wartime service in
Saudi Arabia my honorable discharge and fifty character letters fifty from
really impressive people out in our community some of whom are speaking at
this freedom summit all of whom said mark ain’t the kind of guy to do this
type of thing this is a guy who’s given countless speeches about even if it’s a
wrongful arrest you have no right to resist that prosecutor offered me the
rarest of deals a diversion deal they offer possibly one deal a year in this
district they agreed to dismiss the case with prejudice if I would agree to one
thing I’m not agreeing to shit right you want me to agree to what I got to agree
to something if I want the dismissal with prejudice and I can tell you I did
not want to agree here was the deal mark we will drop the felony case against you
we would just drop it with prejudice if you agree to never sue us
I initially refused this deal I said hell no I want to sue fatty I want him
going through the courts I want him going through with his wife
in there – if he has such a person dr. Rick Fisher over here had checked me out
wouldn’t take a dime from me not a dime gave me a full physical documented
everything that happened to me I wanted to sue them they needed to be sued this
is a deal I’ve been trying to get my entire career you know how many times
I’ve gone to a prosecutor and said hey man my guy’s gonna sue your cop how
about this you guys drop the case I’ll get my guy not to sue let’s just resolve
it like that and every single time I’ve been told the same thing mark I think
quite correctly by the way mark this is an unethical deal we would never drop a
criminal case based on somebody’s promise not to sue that’s unethical we
would never do it yet here it was offered to me based on prep nothing but
pragmatic considerations I did exactly what my clients do they’re faced with
the same choice all the time I did what they did I accepted the deal to dismiss
the case in exchange for my promise not to sue them let’s the exhibit number
four I would not tell this story because you wouldn’t believe it
without exhibit number four which they so thankfully put into writing United
States of America versus Mark Jay Victor agreement for pretrial diversion number
three I’m going to read having met all of the conditions required to be
eligible for pretrial diversion voluntarily and after consulting with
counsel very important language defended in his Guardians ears executors
administer Raiders are assigns hereby agrees to
waive any in all claims demands rights causes of action whatsoever kind in
nature including claims for wrongful death arising from and by reason of any
and all no foreseen in unforeseen bodily in personal injuries next page damage to
property in the consequences thereof which they may have for here and after
acquire against the United States its agent servants and employees on account
of dent defendants arrest by US Customs and Border Protection officers on
December 21st 2013 can you believe they put that in writing I couldn’t believe
it I wouldn’t tell you this story because I don’t think you would believe
this story unless I had that agreement right there
signed by the prosecutor my lawyer me in the probation officer that was the
agreement just say you won’t sue us mark and we’ll make it all go away let’s see exhibit number five please so
there’s my dismissal without prejudice wait a second I thought the deal was
with prejudice how did this show up did you think I was going to miss this let’s see exhibit number six days later
it’s hereby ordered amending the order to state that the dismissal is quote
with prejudice take what you want from that without prejudice means it can be
brought back with prejudice means it can’t be brought back
so after this was over years later maybe about a year ago I sent a letter to that
very Assistant United States Attorney basically saying look man the case has
been over now for years there are some things I think you should know about
what happened in this case about things going on in your district please call me
because I like to tell you these things crickets what was learned let me tell
you what was learned this can happen to anybody police brutality is not a black
problem it’s not a Latino problem it’s not a low-end socio-economic end of this
scale problem it’s a human problem police brutality is a human problem
that’s what we need to get in our heads this is not an indictment of everybody
who wears a badge again calling balls and strikes my opinion
this is mark victor talking after 24 years of the system the vast majority of
law enforcement officers that I run up against are honest and act in good faith
there are bad apples in every group every walk of life every demographic
maybe there’s more at Customs and Border Patrol I don’t know but I have a much
better understanding of lots of things now I know I know what it’s like to be a
victim of police brutality I get it and I’m glad I
get it I know what it’s like to be falsely accused of a major crime I get
it I know what it’s like to be incarcerated not knowing if your life is
over I get it I really truly understand that I know
what it’s like to be a client I know what it’s like to be a client in our
justice system and I know what presumed innocent means I said it yesterday in
court in federal court as a matter of fact I stood up and I said judge maybe
I’m old-fashioned maybe I’m the only one here still believes this but to me the
presumption of innocence is important I mean we ought to stop saying and if we
don’t mean it right but I’m left wondering some things what if I couldn’t
afford a private lawyer what if I couldn’t what if I didn’t have 50 close
friends who could write me glowing character letters what if I didn’t have
an exemplary United States Marine Corps career to rely on what if I couldn’t
afford those polygraphs you saw up there what if I wasn’t a criminal defense
attorney someone who could actually go down there and fight the case someone
who knows how to fight the case what if there wasn’t a video of me peacefully
walking through the terminal what would have happened then what if I wasn’t
offered the diversion program that I was offered would I have pled guilty to
something or would I have faced five lying police officers who said I assumed
a boxing stance and started throwing punches what I have been convicted it
makes me wonder how many people are convicted felons now or serving time
right now because of lying police officers I can say most importantly I’m
definitely a better criminal defense lawyer as a result of this incident it
only makes me stronger it only makes me more resolved to fight the state for
people it’s why I do civil rights cases it’s why I went back to my law firm and
I said you know what we do civil rights now we sue the government not in all
cases in legitimate cases I have a better understanding of what criminal
defendants experience now and there is just simply no other way there is no
other way to get the experience that I got it’s a good thing this whole
incident was a great experience for me it makes me who I am today I have a
special appreciation every time I’m driving down to the jail I know I’m
going to be that guy for somebody bottom line I survived my confrontation with
the government and I’m happy about that but I could have been killed or more
accurately stated murdered I could have been murdered in my in my interaction
with the government not all police not all allegations of police brutality are
legitimate some of them are even if they seem unbelievable or shocking but let’s
resolve to call balls and strikes we don’t need to exaggerate things let’s
call it like it actually is there’s good cops and there’s bad cops and we need
the good cops the bad ones let’s just find them and get rid of them final
thought and then I’m gonna maybe I don’t know if we have time for questions or
not here’s my final thought if we keep pursuing policies that require violence
coercion in threats or said another way if we keep pursuing policies that
violate the non-aggression principle we shouldn’t be surprised when we see so
much violence in our society then if we do truly value peace we need to pursue
policies that pursue peace that value peace
that’s all I have to say thank you very much

7 thoughts on “What I Learned About the Criminal Justice System from Neanderthals & Liars – Attorney Marc J. Victor

  • No way could I spare an hour to listen to Marc speak in this video – but I did. Man, this is very good info. for me but saddened that I live in such a Machiavellian police state.

    Yea, I hear you Marc when you say balls and strikes and many good cops BUT 5 LEOs quickly agreed to falsely testify together in your one single case. That's an awful big strike against law enforcement. And as for US marshals that's great they were professional BUT I remember that Ammon Bundy was treated very poorly by the female US Marshal in charge of him and her behavior seems typical. Even Sheriff Richard Mack has blamed LEO excesses to universally overly-aggressive training.

    Here in Tempe where I live the previous Chief of Police Ryff refused to discuss with news reporter(s) the burying of murder files in an investigator's garage and no-one got fired! All this happening in my little world makes me think the problem is far from little nationwide.

  • 1. This is a TED talk waiting to happen
    2. Could we not ask, "If I'm presumed innocent, why am I in jail?"
    3. Body cameras are being marketed to the wrong people. If citizens had body cameras during certain situations, lies like this wouldn't be able to propagate nearly as easily.

    Thank you, Marc Victor for doing what you do to help fellow humans.

  • I watched your hour long video in depth me and you should have a talk..760 713 5753. I don't need any lawyer advice I'm going to give you some advice but you call me when you have free time I know you're real busy and you can call me anytime because I'm retired. I want to share some experiences with you they kept me from going where you went.

  • There are Good Cop and Bad Cops. Good Cops who allow Bad Cops; Isn't there no Good Cops ? In Arizona ? Need Help with civil rights actions against you CALL MARC VICTOR 480-755-7110

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