09-11-02 Richard Fine (CJ Inmate#1824367) - Access to Public Records and Integrity of Case Management Systems.

ERIC HOLDER

U.S. Attorney General

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