Dear Sheriff Lee Baca, Clerk of the Los Angeles Superior Court -John Clarke, Judge David Yaffe,
Presiding Judge of the Los Angeles Superior Court - Charles McCoy, Clerk of the U.S. Court, Los
Angeles - Terry Nafisi, Chief Judge of the U.S. Court, Los Angles - Audrey Collins, California Attorney
General - Jerry Brown, and U.S. Attorney General - Eric Holder:
I am writing to you today at the end of a period of about three months of looking in the matter of the
jailing of Atty RICHARD FINE, and attempting to address the issues with officials of the Los Angeles
County Superior Court, U.S. District Court, Los Angeles, and Los Angeles County Sheriff Department.
I am writing also in response to requests, which I received from others -- to clearly summarize my
perspective in re: chronology of events in the jailing of RICHARD FINE and allegations of widespread
corruption of the LOS ANGELES COUNTY SUPERIOR COURT, The denial of a public access to
public records, and the alleged criminality in the design and operation of case management systems is
viewed as the inter-related root causes of the problem. Requests are accordingly stated below to local
officials and officers of local branches of federal agencies. However, such requests were repeatedly
denied in the recent months. Therefore, California Attorney General - JERRY BROWN, and U.S.
Attorney General - ERIC HOLDER are requested to take notice and enforce the law in matters that
pertain to the deprivation of Liberty of an individual - RICHARD FINE, and the fundamental rights of 10
millions residents of Los Angeles County, California. The common law rights to access court records
were recognized for many generations as key to Liberty and to integrity of the courts. It was previously
indicated that case management systems in both state and federal courts, which are today's
counterparts - and just as critical in securing the rights of the people, were left entirely unregulated. It
was suggested that regulation could be promulgated and enforced though state and federal rulemaking
enabling laws. Such systems, as computer programs - are by definition assemblies of rules,
and as court systems - are assemblies of Rules of Courts.
.
Summary:
Any part of the case at hand, when carefully examined, revealed a justice system that transformed
itself into a system that routinely operated in severe abuse of the Human Rights of all who reside in
Los Angeles County. Special emphasis in this regard was placed on the denial of access to public
records by both the Los Angeles Superior Court and the Sheriff Department of Los Angeles County,
and the alleged criminal nature of the case management systems of both of these Los Angeles
County justice system agencies. Those systems clearly document both prevailing conditions and
furthermore - the intents of those who designed and installed them.
One must recall that the jailing of Atty RICHARD FINE was only the latest, well-publicized case, but
the affair as a whole must be viewed as direct extension of the Rampart-scandal (1998-2000). At the
end of that massive corruption investigation the blame was placed entirely on the LAPD, and the
judges of the Los Angeles Superior Court were officially deemed to have been "duped" by corrupt
police. Legal scholars voiced even then an altogether different opinion:
judges tried and sentenced a staggering number of people for crimes they did not
commit.
How could so many participants in the criminal justice system have failed either to
recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of
justice?
...we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice
system, including the lawyers and judges, escaped scrutiny.
Dean David W. Burcham and
Prof Catherine L. Fisk,
Loyola Law School, Los Angeles, Rampart Symposium, 2000
Any analysis of the Rampart scandal must begin with an appreciation of the heinous
nature of what the officers did. This is conduct associated with the most repressive dictators
and police states.
...and judges must share responsibility when innocent people are convicted.
Erwin Chemerinsky,
Dean of Irvine Law School, University of California, 57 Guild Prac. 121 2000
A reasonable person, upon review of a collection of more recent cases that we have assembled from
the civil courts, where no police was involved, whatsoever, would find the exoneration of the judges in
the Rampart-scandal investigation as far-fetched at best.
Likewise, upon review, the conduct of Federal agencies must be a reason for grave concerns - for
their failure to respond to such revelations - both then and now... Such agencies, including U.S.
Courts, U.S. Justice Department, FBI, and all the way to Banking Regulators, allowed the travesty of
justice in Los Angeles County to continue through the past decade... even today - after the collapse of
Los Angeles County-based Countrywide at enormous cost to the U.S. Taxpayer.
One must view also events related to the Countrywide's collapse as a unique product of Los Angeles
County and its justice system. After all, even before the current Crisis FBI reports described Los
Angeles County as the "epicenter of an epidemic of real estate and mortgage fraud that is a high
national priority to fight.". It is alleged that the Los Angeles County Superior Court was and is
primarily responsible for such distinction of this County, and numerous cases of fraudulent
conveyance of tittles on behalf of the courts by a Court Officer were identified. The litigation underlying
the jailing of Richard Fine was real estate-related as well - it involved two large construction
companies and LA County, as Real Parties in Interest and Defendant, respectively. How could the FBI
- after arriving at such conclusions regarding Los Angeles County - never find out the causes? After
all, it was practically "in your face" conduct of the Los Angeles County Superior Court judges...
Similarly, at the end of the Rampart-scandal investigation, it became abundantly clear that thousands
of persons, almost exclusively black and Latinos, were falsely imprisoned, as the outcome of framing,
false convictions, and false sentencing for long terms by the Los Angeles Superior Court. PBS
Frontline program in 2001 quoted an estimate of the number of Rampart FIPs (Falsely Imprisoned
Persons) at 8,000 - by sources at the District Attorney's office! Others estimated the number at up to
30,000! Regardless, Federal agencies allowed such massive corruption scandal and such Human
Rights disaster of historic proportions to remain a local matter - where the local justice system
investigated, prosecuted, and judged itself. The outcome was and is that to the best that could be
ascertained - the total number of the Rampart-FIPs, which have been released in the past decade -
was under 200!
An official report commissioned by the LAPD - the Blue Ribbon Review Panel Report (2006) cited
various official reports that preceded it. All - without exception - had the same finding - that many
innocent persons were falsely imprisoned by the Los Angeles Superior Courts. The Blue Ribbon
Review Panel Report (2006) added to it the next chapter - it carefully documented that the judges of
the Los Angeles Superior Court were among those who inexplicably, but adamantly, prevented the
release of Rampart-FIPs. Even today - when federal courts review overcrowding and other Human
Rights abuses in California correction facilities, and when release of thousands of California prisoners
is debated, release of the Rampart-FIPs was never even contemplated. How could the U.S.
Department of Justice avoid seeing any of it? After all, a Federal Overseer for Civil Rights was in office
in Los Angeles from 2001 to 2009...
Complaints regarding alleged racketeering by judges of the Los Angeles Superior Court were
forwarded to the office of California Attorney General, JERRY BROWN - now running for Governor -
over two years ago. His Assistant - TOM GREEN - purported to review the matter, and reported that it
was "a private matter", which the California Attorney General should not address. The TOM GREEN
report must be deemed upon review as fraud on the people of California, and failure on a critical
matter by JERRY BROWN as Attorney General. Complaints regarding alleged racketeering by judges
of the Los Angeles Superior Court were also forwarded starting over two years ago to local FBI
offices. To his credit, Chief of the local White Collar Crime Squadron never denied the allegations.
STEVEN GOLDMAN only claimed that "If the allegations are true - they are well above my head".
Complaints were then forwarded to U.S. Attorney General - MICHAEL MUKASEY. The Honorable
DIANNE FEINSTEIN and the Honorable DIANE WATSON followed up with congressional inquiries -
after FBI and U.S. Department of Justice failed to respond. The responses provided in August-
September 2008, by KENNETH KAISER - FBI Assistant Director for Criminal Investigations, and
KENNETH MELSON - Dept of Justice Director, included claims such as "...insufficient facts to
demonstrate a violation of federal law within our investigative jurisdiction..." and "Mr. Zernik's
claims are currently pending before the United States District Court for the Central District of
California in civil action 2:08-cv-01550. The action names Superior Court judges and clerks as
defendants..." must be deemed upon review as fraud on U.S. Congress and on the people of the
United States. As was clearly documented in the records at that time, there was no pending litigation -
since the Deputy Clerk of the U.S. District Court CHRIS SAWYER adulterated summons and refused
to issue valid summons... Even the case number was alleged as fraud by the Clerk of the U.S. Court -
the case was falsely linked to an unrelated criminal litigation of the same number.
In contrast, the Blue Ribbon Review Panel (2003-2006) concluded already in its 2006 report that an
"External Investigation" of the Los Angeles County justice system was required. It also singled out
the Los Angeles Superior Court as requiring an examination. We believe that the circumstances
surrounding the jailing of RICHARD FINE demonstrated better than ever the need for an external
review of the Los Angeles County Superior Court - be it Federal agencies, or International Human
Rights courts.
The complete record can be viewed at:
http://inproperinla.com/09-11-02-att-gen-eric-holder-access-to-records-cms-integrity-s.pdf
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