REBUTTAL

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 Pre- Rebuttal Commentary


Dr. Jacqueline Caoile, Ph. D, and I met on November 23, 2010, for approx 2 ½ hours. She was interviewing me for “Comprehensive Risk Assessment” for my forth coming February 17th, 2011, CDCR Parole Consideration Hearing.

Dr. Caoile presented herself as a very efficient and professional, competent diagnostic psychologist.

If I were to give her a university grade for her work during the interview, I would give her a “B+”, 87% perfect grade for work performance.

I will continue to take advantage of the opportunities offered by CDCR to improve my mental health, and prepare myself for parole and/or pardon.

Thank you for allowing me to make this rebuttal.

Herbert William Mullin

Dated:

February 14th, 2011

Monday

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Page #1

First of all, I want to express true sorrow and true remorse for having committed the crime spree. Many times every day I stop to pray that the God of America will guide, protect, and improve the thirteen victims. I also pray that the God of America will repay and reimburse the families and friends of the 13 victims for their emotional and psychological and physical losses. I am honestly sorrowful, remorseful, and repentant. 

Secondly, I would like to say that “if” my description and explanation about what happened and why, is accurate, then the diagnoses that pertain to me that came from the psychiatrists and/or psychologists would and should be considered erroneous beliefs (delusional).

It is my opinion that they are!


Page #2

In my CDCR central file it shows that I was admitted into the Santa Cruz County Mental Health program during 1969. It should further show that I was diagnosed with undifferentiated schizophrenia.

The psychiatric staff suggested to me and my parents (in person) that we three get psychiatric counselling together as a three-some. My parents refused.

It is my belief that the psychiatric staff of Santa Cruz Mental Health program then decided to leave me in a state of undifferentiated schizophrenia.

It was not until the time period of 1982 through 1987 that I worked my way out of undifferentiated schizophrenia.

I honestly express gratitude for having been allowed to rehabilitate myself mental and emotionally! 

I promise to continue striving towards the goal of perfect mental health.


Page #3

Because of the difference of opinion between me and the majority of psychiatrists and psychologists that have written psychological evaluation reports for my CDCR central file, and for the various Parole Consideration Authorities, I feel I should mention that differences of opinion create a natural atmosphere of psychological tension. Because that tension does exist, is not sufficient reason for the psychiatric evaluators to label me “argumentative, passive aggressive, anti-social, aggressive, or a person with flat or blunt affect.”

To do so, on their part belies an erroneous belief (delusional).

It is disappointing for me that these differences of opinion exist – just the same, I will continue to peacefully describe and explain my point of view, as well as why I hold these points of view so tenaciously.

Thank you once again for allowing me to express myself.


Page #4

Concerning Accuracy 

When we discussed my sexual identity I told Dr. Caoile that I was Heterosexual Monogamous. She asked me by way of a statement with a questioning inflection in her voice – “You must be disappointed then?” 

I responded by saying – “I am Heterosexual Monogamous – I am ½ of that one marriage. 

“The only problem is, where is she?”

“Yea, I am disappointed!”

That from my point of view, is not a strange response. My way of phrasing my responses is very sophisticated and unique. My saying so at this time is simply a defense of my personality and character at this time.

Dr. Caoile’s description on pages #3 and #4 are not quite accurate. She appears to agree with the overall attitude of the psychiatric evaluator predecessors! 


Page #5

Parole Psychiatric Facilities

(1) Adult Mental Health Services

1400 Emeline Avenue, Bldg. K

Santa Cruz, California 95060

For adults aged 60 & over…

A Santa Cruz County program providing 

assessment, care coordination, therapy,

and counselling.

(2) Mental Health Client Action Network

1051 Cayuga Street

Santa Cruz, California 95062

Phone # 469-0462

Counselling & support services

(3) Al-Anon Family Groups

Phone # 462-1818

Co-ordinate with parole officer


Page #6

Concerning Dr. Gordon Haiberg’s and Dr. Mortin Felix’s Remarks in 1975 & 1976

Both Dr. Haiberg and Dr. Felix told me that my parents had deliberately refused to teach me how to become a self-confident and competent, mature young man.

Both of them agreed with me that my family and friends had been practicing some form of kill-joy sadistic witchcraft on me, and that they are the people responsible for causing me to commit the crime spree.

Dr. Haiberg and Dr. Felix agreed that my family and friends knew when each crime happened, and that they did nothing to stop me from committing the next ones – nor did they attempt to notify the police or sheriff authorities.

My meeting with Dr. Haiberg and Dr. Felix took place from October 1975 thru to approx. Thanksgiving 1976.

Neither Dr. Haiberg nor Dr. Felix would put those ideas into writing when asked to do so.


Page #7

From my point of view, my present descriptions and explanations concerning the 13 murder crime spree, came for the “QUESTION AND ANSWER” syndrome that ensued from the arrest on February 13, 1973, through to the conviction at the Santa Cruz County trial #50219.

Who did I talk with after the February 13, 1973 arrest?

1. Richard Pease ……… Defense Attorney

2. James Jackson ……… Public Defender, Defense Attorney

3. Fred W. Tempe, Jr. ……… Psychiatrist, M.D.

4. Charles Lorris ……… Psychiatrist, M.D.

5. Donald Lunde ……… Psychologist, M.D.

6. John Peschou ……… Psychiatrist, M.D.

7. John J. O’Connor ……… Catholic Priest, B.A.

What did we talk about during the “QUESTION AND ANSWER SYNDROME”?

1. Kill-joy Sadism

2. Patrimonies Condescending Paternalism

3. ‘Bi-sexual people with inferiority complexes were/are sabotaging my efforts  to reach maturity and/or good mental health’

4. Conspiracy of Silence 

Feigned Ignorance

Implications

5. Passive-aggressiveness

Approach-Avoidance Syndrome

6. Psychological Sadism

Kill-joy Sadism

7. Immaturity

Naivety

Gullibility

The above mentioned people always had tape-recorders with them when they were questioning me. (February through July of 1973). Where are those tapes now?

[Dated: 6/22/2006 & Reviewed on 2/14/2011 – H.W. Mullin]


Page #8

The following bibliography was presented to the Parole Consideration hearing panel on March 22, 2006. They did not acknowledge it being there near the top of the page of the ‘two folders’ presented to them before the hearing began. Nor did they question me about this Bibliography during the actual hearing. This is a definite indication that they were being ‘unfair and biased’, as well as ‘prejudicial’ in a negative sense.

Social-Economic Political Bibliography

1. Dr. C. Everett Koop, M.D.: Surgeon General of the U.S.A. from circa 1993 through 2001.

‘Koop’s Official Report of the Surgeon General concerning the psycho-social impact of T.V. violence on America’s Criminal Justice System.’

2. “PRE-MEDICATED MURDER” by Leeland Jooley

3. “Corridors of Power” by J.P. Snow

4. “The Culture of Violence” by Francis Barker

5. “What Uncle Sam Really Wants” by Noam Chomsky

6. “Secrets, Lies, and Democracy” by Noam Chomsky

7. “The Art of Selfishness” by David Seabury

8. “The Gentle Art of Verbal Self-Defense” by Suzette Rayden Elgin

9. “The Official Report of the President of the United States of America on Violence in America”, circa years 1993-1997.

If the Parole Consideration Hearing panel on March 22, 2006, would have questioned me and my Public Defender about this Bibliography, and it’s pertinence to ‘suitability’, then my Public Defender and I could have pointed to Title 15, Article 5, #2281, #(d) which pertains to “CIRCUMSTANCES TENDING TO SHOW SUITIBILITY”. 

#2281, #(d)….#4. MOTIVATION FOR THE CRIME.

“The prisoner committed this crimes as the result of significant stress in his life; especially because the stress had built over a long period of time.”

Also, #2281, #(d)….#6. AGE.

“The prisoner’s present age reduce the probability of recidivism.”

The prisoner was 25 years old at the time of the crime.

The prisoner was approx. 59 years old at the Parole Hearing.

[Dated: 6/22/2006 & Reviewed on 2/14/2011 – H.W. Mullin]


Page #9

This is a book report in synopsis format. It is designed to show that there is an element of truth relevant to my own personal incarceration.

The name of the book is…”WHERE WAS I FROM”

The author’s name is Ms. Joan Didion

Publishers are ‘Alfred Knoff’

Published during the summer of 2003 (approx.)

The message of the book was that the Legal Court System and the C.D.C. Psychological Departments and the C.D.C. Administrations deliberately make some convicts look more guilty than the convicts actually are.

Because of that, some convicts do more time in prison than they should.

Some convicts are made to appear mentally ill in psychological reports when in fact they are mentally healthy.

This persecutory situation exists because of social and economic and political pressure. The California Peace Officers Association was cited in the book as being the main instigator.

That in synopsis format is the message of the book entitled “WHERE I WAS FROM” by Ms. Joan Didion. 

How does this pertain to me?

The question and answer methods used by the various Psychological Authorities and/or Administrative Authorities are often times designed to illicit answers from me that indicate I was guilty and/or not ready for parole. Whereas, if the authorities had asked questions designed to illicit answers that indicate mitigation and/or lesser degree of culpability, then their conclusions as to suitability for parole would be based on a series of positive questions and answers.

In other words, a series of positive questions and answers leads to a positive conclusion.

I was convicted and sentenced in 1973 under the 1973 Law. I am supposed to meet with the Adult Authority to discuss ‘Parole Consideration’ once every year according to the 1973 Law. That ‘Right’ of mine is ‘Guaranteed’ to me by the Constitution of the United States of America, and by the Constitution of the State of California, i.e., Ex Post Facto Protection.

Because of the current illegal 5 year denial process that the Board of Prison Terms used when meeting with me, my ability to try to prove my suitability for parole is devastated. “WHERE I WAS FROM” addresses this very problem within its pages.

I know that this is a touchy subject. In effect I am caught between a rock and a hard place. One the one had I am very very grateful for being allowed to achieve good mental health. On the other hand I can see that the C.D.C. Psychological and Administrative Authorities are not doing what should be done so that I can be let free. 

This letter is designed to let the Authorities know that I really do believe I am a good and healthy sane man. I deserve to be set free. I am truly sorry for my part in the commission of the crimes. I show true sorrow and true remorse in my daily prayer life.


Page #10

Herbert William Mullin

Political Prisoner

January 2nd, 2001

Wednesday

First of all, I want to express true sorrow and true remorse for my part in the crime spree that occurred between October 13th, 1972 and February 13th, 1973. It was a four month period of time. I am honestly sorry and remorseful each and every day. I hope that God will guide and protect and improve the victims. God Bless America!

Secondly, I am still wondering why the police and sheriff authorities, as well as the California prison authorities, as well as the families of the victims, are not prosecuting and/or criticizing my family and former friends for causing me to commit that ‘four month crime spree’.

As it was explained to me, through the Socratic Teaching Method, I was forced into a socio-psychological state of ‘immaturity’, with a lot of ‘naivety’ and ‘gullibility’ side effects, by my family and friends, as well as the various schools and church organizations. From that state of socio-psychological immaturity, I was further driven into the psychological state of ‘undifferentiated schizophrenia’, wherein I remained for some four years; i.e., 1969, 1970, 1971, and 1972.

Then in the late summer and/or early autumn of 1972, I was forced into a socio-psychological state of ‘paranoid schizophrenia’, at which point in time the ‘four month crime spree’ began to take place; i.e., from Oct. 13th, 1972 until Feb, 13th, 1973.

I believe it could be proved that my family and friends knew that I was being deprived of normal and natural mental health by the other members of my family and friends. It was a group effort on all their parts. I believe it could be further proven that my family and friends knew when each one of the crimes took place, also that they did nothing to stop me from committing the next crime, nor did they notify the police authorities or the sheriff authorities. Why are they not prosecuted and/or criticized for that violation of our California Penal Code???

As of this writing, one Psychiatrist and two Psychologists, and one Counsellor, have agreed with me that my description and explanation is true and accurate. I was the victim of a ‘kill-joy sadistic witchcraft’ plot that resulted in the ‘four month crime spree’. My family and friends are more guilty and responsible for the crimes than I am. My family and friends chose as adults to place me into the ‘immature socio-psychological’ state. They knew what they were doing! I did not learn how to think about these problems until after my arrest. Only after being questioned for hundreds of hours did the truth about what had happened became evident to me. My family and friends are guilty of pre-meditated 2nd degree murder, at the very least.

I have been in the California Department of Corrections for some 28 years and 9 months, approximately. During that time, with the help and assistance of many good and kind Psychiatrists and Psychologist, as well as Counselors and Correctional Officers, I have overcome my mental illness. I now consider myself to be sane and healthy. I am very grateful for the guidance and teachings and blessing of all those nice and wonderful people. Good mental health is a wonder experience. Honest, I am rehabilitated and re-educated. 

Again, I apologize for my part in the ‘four month crime spree’. I am truthfully sorry and remorseful each and every day.

[Herbert William Mullin 1/2/2002 & Reviewed on 2/14/2011]


Page # 11

Herbert William Mullin

Political Prisoner

January 9th, 2002

Wednesday

Response & Statement

On December 27th, 2001, a Thursday, I met with the California Department of Corrections, Board of Prison Terms. I was requesting that they BPT grant me a parole from prison.

My name is Herbert William Mullin. I was born on April 18th, 1947. I have been in California State Prison for the past 28 years and eleven months, approximately. I graduated from the San Lorenzo Valley High School in Felton, California, in June of 1965. I graduated from the Cabrillo College in June of 1967 with an Associate of Science Degree with approximately 66 ½ unit of college credit. 

While in High School I worked part-time after school at Johnnies Supermarket in Boulder Creek during 1962, 1963, and 1964. I also worked there full-time during the summers.

While at Cabrillo College I worked part-time ate various Gasoline Service Stations in Santa Cruz during the school year and as an Engineering Aid for the Santa Cruz County Department of Public Works during the summer of 1966 and 1967.

I am truthfully very sorry for my part in the crime spree that took place between October 13th, 1972 and February 13th, 1973. I show true remorse in my daily prayer life. I hope that God will guide and protect and improve the victims. 85% of the American People believe in life after death. I certainly do. I hope that God will guide and protect and improve the victims. God Bless America!

Those of you interested in my side of the story could probably get a Xerox copy of my handwritten defense exhibits from the original trial at Santa Cruz in the summer of 1973. Superior Court #50219 Trial #. My testimony was/is in Volume #6 of the Trial Transcripts. I hope that the Santa Cruz County and the Santa Clara County Police and Sheriff and District Attorney’s Offices will begin to criticize and/or prosecute my family and former friends for cause me to commit that four month crime spree. If the District Attorney’s Offices of Santa Cruz County and Santa Clara County were to keep an eye on my family and former friends, they would probably find them guilty of more than just causing me to commit those crimes some 29 years ago.

I was the victim of a ‘kill-joy sadistic witchcraft plot’ that resulted in the ‘four month crime spree’. My family and former friends are guilty of pre-meditated 2nd degree murder, at the very least.

I have been in Prison for 29 years, approximately. During that time with the help and assistance of many good and kind Psychiatrists and Psychologist, as well as Correctional Counsellors and Correctional Officers, I have overcome my mental illness. I now consider myself to be sane and healthy. I am very grateful for the guidance and teachings and blessings of all those nice and wonderful people. Good mental health is a wonderful experience. Honest, I am rehabilitated and re-educated.

Again, I apologize for my part in the ‘four month crime spree’. I am truthfully sorry and remorseful each and every day.

[Herbert William Mullin 1/9/2002 & Reviewed on 2/14/2011]


Page #12

“Concerning Emphasis”

Both the Psychological Evaluations and the Counsellor Evaluations always emphasize the negative aspects of the previous Psychological and Counsellor Evaluations that they found in the C.D.C. Central Files and Psychological Files.

It is my belief that the positive aspect and the mitigating circumstances of my C.D.C. Central Files, and my Psychological Files, as well as my person to person interviews, should have been emphasized. Positive emphasis is important.

I should be given Good Psychological Evaluation Reports, tending to show suitability for parole. I should be given Good Counselor Evaluation Reports tending to show suitability for parole. Good, positive emphasis is very important.


Page #13

Life After Death?

A Barbara Walter’s Special

concerning Heaven and the Beliefs

in Life After Death

A television Special

Tuesday, December 20th, 2005

8:00pm

“According to multiple U.S.A. 

polls, more than 80% of the 

U.S.A. citizenry believe in 

Heaven and a Good Life After

Death.”


Page #14

“Medications”

#1. Chemotheraphy for Hepatitus “C”

Procrit injection – one per week

Interferon Pegasus injection – one per week

Riboviron Capsules – 2 in AM & 2 in PM

From Dec. 8th, 2009 through Dec. 4th, 2010

ONE FULL YEAR of chemotherapy

#2. Chloropheniramine Maleate

Anti-Itching Pills

2 pills, 4 times each day

From December 2009 through December 2010

ONE FULL YEAR of chemotherapy

(counteracts itching side-effects of the 

anti-viral Hep. C  chemotherapy)