Mennonite pastor and counselor Harvey Yoder blogs on faith, life, family, spirituality, relationships, values, peace and social justice.
Monday, October 16, 2023
Guest Post: A Heartfelt Letter To The President
Wednesday, October 11, 2023
Prisoner Raises Over $1000 For World Relief
Wednesday, October 4, 2023
Another Heartbreaking Parole Board Denial
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| Mr. Zellers in 2015, with some of his friends, when he was in much better health. |
VADOC No. 1036758
Buckingham Correctional Center
Post Office Box 430
Dillwyn, Virginia 23936
Re: Recent Virginia Parole Board ("VPB") Decision
Tuesday, October 3, 2023
Dear friends and family:
It truly breaks my heart to have to write you and give you the sad news that I've been denied a parole grant again. That was my eleventh not grant decision from the VPB and I've been eligible for release since July 30, 2005.
I was seen by the VPB Examiner on April 4, 2023 and my family and advocates met with VPB member Mrs. Michelle Dermyer on June 21, 2023.
The following not grant decision was handed down on September 29, 2023, and was certified on October 2, 2023.
I plan on filing an appeal since I do have a new medical issue which I didn't have prior to my advocates meeting with the VPB staff. My pulmonary doctor told me that he wants me to go back on supplemental oxygen. I will be transferred to Deerfield Correctional Center when this happens, probably sometime in January. I requested that I be permitted to stay here at Buckingham Correctional Center until I complete the Resilience Education Course I'm currently enrolled in through the University of Virginia's Darden Business School, one of top five in the country.
If you would like to contact any of the Board members, below are their email addresses*:
Lloyd.banks@vpb.virginia.gov (Vice-chair)
Michelle.dermyer@vpb.virginia.gov
Samuel. boone@vpb.virginia.gov
Thanks to each of you for all you have done and hopefully will continue to do to help me obtain a parole grant. And pray for my aging mother, Judy Zellers. She is really taking my getting another turndown hard.
Respectfully submitted,
Charles
And here is the standard, computer-based response Mr. Zellers received:
Dear Charles Zellers:
The Virginia Parole Board recently reviewed your case for potential release on discretionary parole. As you know, the goal of the Parole Board is to release on parole those eligible offenders deemed suitable for release and whose release will be compatible with the welfare of society and the offender.
The Board, in determining whether you should be released on parole, considered a number of factors, including, but not limited to, whether your release would be compatible with public safety and the mutual interests of society and you; whether your character, conduct, vocational training and other developmental activities during incarceration reflect the probability that you will lead a law-abiding life in the community and live up to all conditions of parole, if released; sentencing information; facts and circumstances of the offense(s) including mitigating and aggravating factors; prior criminal history and information regarding adjustment to previous probation or parole, if any; personal history; institutional adjustment such as your response to available programs; changes in attitude toward self and others; release plans; evaluations; impressions gained when interviewed by the parole examiner; and any other information provided by your attorney, family, victims or other persons.
In accordance with Code Section 53.1-155 and in consideration of the factors listed above and the information available to us, the Virginia Parole Board's decision to "not grant" parole on September 29, 2023 is based primarily on the following reasons:
> The Board concludes that you should serve more of your sentence prior to release on parole.
> Serious nature and circumstances of your offense(s).
> History of violence.
While this may not be the answer you hoped for, please continue your hard work. The Parole Board made every effort to balance your rehabilitation needs with the public safety considerations on behalf of the citizens of Virginia.
If you believe that the Board made errors or that there is new or different information not available to the Board when the case was decided, you may request reconsideration of the decision. Requests for reconsideration must be received by the Board within sixty (60) days of the decision date on forms furnished by the Board to the institution; however, please be advised that the Board will reconsider cases only for specific errors or significant new or different information that was "unavailable" to the Board when the case was decided.
Sincerely,
By direction of the Virginia Parole Board:
Patricia West, chair
Here are some of blog posts which are about, or are written by, Mr. Zellers:
Thursday, September 21, 2023
The Feeding And Aiding Of The Four Billion
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| In Mark 8, when Jesus was moved to compassion by a hungry crowd, he asked his followers one simple question, "How many loaves do you have?" |
to loose the bonds of injustice,
to undo the straps of the yoke,
to let the oppressed go free,
and to break every yoke?
Is it not to share your bread with the hungry
and bring the homeless poor into your house;
when you see the naked, to cover them
and not to hide yourself from your own kin?
Saturday, September 9, 2023
An Alternative Creation Account (Satire Alert)
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| The Garden of Eden, as envisioned by Thomas Cole, 1928 |
And it was so.
Then God created suburbs with three car garages and with manicured, well fertilized and irrigated lawns, regularly sprayed to prevent native clovers and pollinator dandelions from adding any variant color or texture. These acres of unnatural turf created for Adam and Eve's enjoyment were interspersed with a variety of non-native trees, flowers and shrubs that were "pleasing to the eye" but usually not "good for food" for humans, bees, birds and other habitat.
And it was so.
The Lord also provided conveniences like riding mowers, leaf blowers and weed eaters to help keep all of the lawns neatly trimmed, and to separate the sterile paved areas from the sterile turf spaces. Gyms, fitness centers and pickle ball courts were provided for physical exercise so that well-to-do humans would not have to work the ground to produce vegetables, fruits, nuts or berries of any kind for their food. The Lord also offered employment at local McManna and supermarket outlets for their sons Cain and Abel to earn spending money and to keep them occupied in their spare time.
And it was so.
And God saw all that was made, and mused, "What ever made us think this was 'very good'?"
- selections of Genesis 1 and 2 from the "Reversed Standard Version"
Satire aside, there are these more hopeful visions:
God will restore all her waste places.
And her wilderness God will make like Eden,
And her desert like the garden of the Lord;
Joy and gladness will be found in her,
Thanksgiving and sound of a melody." Isaiah 51:3
"They will say, ‘This desolate land has become like the garden of Eden; and the waste, desolate and ruined cities are fortified and inhabited.’" Ezekiel 36:35
"Then the angel showed me the river of the water of life, as clear as crystal, flowing from the throne of God and of the Lamb down the middle of the great street of the city. On each side of the river stood the tree of life, bearing twelve crops of fruit, yielding its fruit every month. And the leaves of the tree are for the healing of the nations." Revelation 22:1-2
Saturday, September 2, 2023
A Gale-Driven Jesus Movement Becomes Radically Inclusive
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| map courtesy of https://www.freebibleimages.org/illustrations/maps-early-church/ |
...the earth was tohu vavohu (without form, and void); and darkness was upon the face of the deep. And the Ruach Elohim (Wind, or Spirit, of God) was hovering upon the face of the waters. Genesis 1:2 (Orthodox Jewish Bible)
Suddenly there came a sound from the sky like the roar of a violent wind, and it filled the whole house where they were sitting. Genesis 2:2 (Complete Jewish Bible)
The God-movement unleashed on the day of Pentecost was revolutionary in the way it brought diverse and disparate people together. Quoting from the prophet Joel, the apostle Peter noted that young and old, men and women, slave and free were are to be formed together into one living, loving community.
But that was just a start, the coming together of Jews of different languages and cultures from all over the then known world--Parthians, Medes, Elamites, citizens of Mesopotamia, Judaea, Cappadocia, Pontus, Asia, Phrygia, Pamphylia, Egypt, Libya and Rome, both Jews and proselytes, Cretes and Arabians. From there the circle of inclusiveness continues to expand at a breathtaking rate.
Philip, one of the Greek speaking Jews appointed to oversee the daily distribution of food among needy followers of the Way in Jerusalem, goes on a preaching mission to despised half-breed Samaritans, baptizing scores of them into the new movement. Immediately afterwards, he is led to speak to a eunuch who is a Jewish court official on the road to his home in Ethiopia from Jerusalem, where he would have been excluded from access to temple worship due to his status as an emasculated male. The eunuch is baptized and "goes on his way rejoicing."
It is soon thereafter that the most dramatic kind of inclusion imaginable takes place. The apostle Peter is called to visit and to baptize the household of Cornelius, an uncircumcised Roman occupier who is a "God-fearing and upright" Gentile. This represented the crossing of the most fundamental of all barriers, an act which would have been anathema to a devout Jew like Peter. But according to the text, God's Spirit gave him no choice but to fully embrace a hated and uncircumcised oppressor whom God had declared "clean."
Meanwhile, new believers who were scattered all over the empire after the wave of persecution that took place after the stoning of Stephen, carried the inclusionary message of the Way to places like Antioch of Syria, which became a northern hub of the Christian movement, one that openly incorporated both Jews and Gentiles into the church.
Soon thereafter, Paul, once a terrorist prosecutor of followers of the Way, with his companion Barnabas, went on a 500 mile preaching tour in which they baptized Jews and Gentiles alike into the movement. This created major problems on the part of believers in the mother church in Jerusalem, and resulted in a summit of church leaders being called to resolve the rift created by the inclusion of uncircumcised Gentiles.
It is hard to overestimate the gravity of this question among early believers. It could not have been more abundantly clear, in the only Bible Jesus and the early apostles knew, that God had initiated this special rite of inclusion as mandatory, first to Abraham, at age 90, and then 400 years later, to the lawgiver Moses. There were to be no exceptions.
"Here is my covenant, which you are to keep, between me and you, along with your descendants after you: ...Generation after generation, every male among you who is eight days old is to be circumcised, including slaves born within your household and those bought from a foreigner not descended from you. The slave born in your house and the person bought with your money must be circumcised; thus my covenant will be in your flesh as an everlasting covenant. Any uncircumcised male... will be cut off from his people, because he has broken my covenant.” from Genesis 17:10-14 (CJB)
"The Lord said to Moses: 'Say to the Israelites: If a woman conceives a child and gives birth to a son, she will be unclean for seven days... On the eighth day, the flesh of the boy’s foreskin must be circumcised.'" Leviticus 12:1-3 (CEV)
For people whose faith was deeply rooted in Judaism, any thought of being a part of God's covenant people without that kind of sacred initiation was nearly unthinkable. Clearly the first century church could have easily divided over this issue, but instead felt led to draw the circle of welcome wider rather than excluding those being drawn into it. That appears to be the trajectory in which God is forever moving.
Today there are still those among us who seek to exclude rather than to include, who would draw the circle ever narrower. And the movement should exclude those would be followers of Jesus who insist on doing harm to others in violation of the first and greatest commandments, the "royal law" to love God with a passion and our every neighbor with compassion. Christ-like love, by definition, never inflicts harm to a fellow human being.
It is there, and only there, that all those with "circumcised hearts" must draw the line. No harm.
Friday, August 25, 2023
Updated Post: Is Parole Board Following The Law?
Steven Goodman, a friend and a model prisoner who has been denied parole year after year in spite of his impeccable record, recently filed another lawsuit regarding the legality of how the Virginia Parole Board makes its decisions. In spite of his thoroughly researched effort, the suit was denied a hearing for being "legally insufficient."
I post the following update with his permission:
The first lawsuit was dismissed by the Court without applying, citing, or discussing any decisional case law, and the Supreme Court of Virginia said that was not an error.
Now, Assistant Attorney General Bryan refuses to sign the Response she filed to my current lawsuit, which the Court is now required to strike from the record," says Goodman, "You can't make this stuff up!"
Virginia law prescribes the specific factors the PB is directed and empowered to investigate as follows:
"the prisoner's history, physical and mental condition and character and his conduct, employment and attitude while in prison" Va. Code Sec. 53.1-155(A), clause 1.
"The General Assembly could have included the crime, sentence, and criminal record among these factors, but they chose not to do so," Goodman says. "Parole Board rules, however, lists the crime, sentence, and criminal record among the factors they investigate.
This conflict between administrative rules and the governing statute is a boilerplate administrative law claim that state and federal courts decide everyday. Obviously, these rules are either legal or illegal; and if they are legal, then there must be statutory language somewhere that gives the Parole Board the power to investigate these crime-related factors.
It doesn't take a lawyer to figure out that in Virginia, it is illegal for the Parole Board to deny parole for any crime-related reason because the crime, sentence, and criminal record are beyond the scope of the parole review process prescribed by state law in sec. 53.1-155(A). If this were not so, Judge Sharrett would have decided my case according to law, and AAG Bryan would have actually signed the response she filed.
I'm a certified paralegal, have worked in the prison law library, and have been a jailhouse lawyer for over 30 years. I attached a memorandum of law with my lawsuits in which I presented the courts with a legal argument, supported by controlling authorities from the Supreme Court and Court of Appeals of Virginia, respectively.
Respectfully, I challenge any attorney, professor, or judge, including Attorney General Miyares, to justify the actions of the Commonwealth in my prior and current lawsuits against the Parole Board, and to cite the statutory language that empowers the Board to investigate my crime, sentence, and criminal record when they review me for parole.
I should add that prior to filing my current litigation, I sent a letter, demanding that the Parole Board CEASE and DESIST from their illegal use of the crime, sentence, and criminal record to deny parole, to Governor Youngkin, Attorney General Miyares, and Parole Board Chairman Dotson via certified mail, return receipt.
In this demand letter, I cited facts and law, including well settled principles of constitutional law enunciated by the Supreme Court of Virginia and the Fourth Circuit to demonstrate Parole Decision Factors D (Sentence Data), E (Present Offense), and F (Prior Criminal Record) violates the separation of power, due process, and ex post facto clauses in the Constitution of Virginia. I received no response to these letters."
According to Goodman, "The manifest abuse of judicial power by Judge Sharrett, which was furthered and covered up by the Supreme Court of Virginia, exposes the reality that courts frequently put their thumbs on the scale to make cases turn out the way they want. Judges and Justices refer to this abuse as utilitarianism or serving a "greater good."
In fact, I established a web site called BadJurist.com to address this issue. At the center of my web site is the following quote from a speech by Professor Monroe Freedman:
"I'm tired of judicial opinions that bear absolutely no relationship whatsoever to the cases that have been filed and argued before the judges. I am talking about judicial opinions that falsify the facts of cases that have been argued, judicial opinions that omit or make disingenuous use of controlling authorities, judicial opinions that cover these things up with no-publication and no-citation rules." Speech to the Seventh Annual Judicial Conference of the United States Court of Appeals for the Federal Circuit, 128 F.R.D. 409, 439 (1989).
While this dirty little secret may not be known by the general public, it is well known by the legal community.
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First Case: Goodman v. Bennett, et al., Case No. CL19-249, Greensville County Circuit Court
Appeal: Goodman v. Bennett, et al., Record No. 200555, Supreme Court of Virginia
Current case still pending: Goodman v. Dotson, et al., Case No. CL23000425-00, Pittsylvania County Circuit Court
You can contact Steve Goodman by email at JPAY.com or by writing him at:
Steve Goodman 1028377
Green Rock Correctional Center
Post Office Box 1000
Chatham, Virginia 24531
If you are going to write about Goodman's charges, make sure you include the lawsuit he filed before the felony charges were filed, Goodman v. Godson, in which he claimed he was the victim of false arrest, false imprisonment, malicious prosecution, and conspiracy, and the hearing he had on a motion to dismiss based upon prosecutorial vindictiveness.






