09-11-26- Requests for advise/help from Medical & Legal professionals Re: approaching International Human Rights Courts

Date: Thu, 26 Nov 2009 01:07:55 -0800
To:
From: joseph zernik
Subject: Re: Have you looked at CJA's website? -- RE: Is this news to you? RE: "New Lawsuits Try to Pierce Shield of Judicial Immunity" comments deleted from blog
Cc:

Hi [redacted ]:

Thanks for the response. Again - since I am no lawyer, I hope to hear specific responses on the issue itself.

All options within the U.S. legal system were already exhausted, except for request for investigation by the U.S. DOJ I.G. which is still pending. Access to the courts was denied. All litigations by Richard Fine were in fact corrupted, and none was deemed valid and effectual by the courts themselves. I was party in interest in the petition to the 9th circuit court of appeals. The denial was an unsigned order, served with no NEF or any certificate of mailing by clerk that would be deemed a valid attestation. Therefore, like all orders of the U.S. District Court - none were deemed valid and effectual by the courts themselves. For the same reason, the representation of an appeal now purportedly running, was a hoax, just as well. You could not run a valid appeal from an invalid judgment of the District Court.

There was a big difference between what I was talking about and the attempts to initiate complaints against President Bush and Donald Rumsfeld. The latter attempts were for claims of War Crimes, as far as I could tell, and the issue was related to the justification of a war, that was initiated after resolution of he U.N., albeit - based on false data presented to the U.N. I agree that such claims were a tall order.

In contrast, in the former, I was talking prosaic stuff - abuse of Human Rights. Just read the Universal Declaration:

1) Surely, the holding of Richard Fine in a hospital for 7 months in solitary confinement with no warrant, and no sentencing/Judgments, was a direct replica of methods that were denounced when used by the former Soviet Union. In terms of Human Rights language - it would be claimed as "Arbitrary Arrest" and Denial of "Liberty". These were much simpler and technically easier claims to prove than "War Crimes".

2) Surely the issuance of false orders and judgments by the U.S. District Court, LA, and the U.S. Court of Appeals, 9th Circuit should be claimed as failure to establish and maintain "National Tribunals for protection of Human Rights and Rights pursuant to the Constitution of this Country and its Amendments".

3) In LA County, both criminal and civil litigations are conducted without notice and service of minute orders and with no access to Dockets (Registers of Actions). I have a series of letters from the Counsel for the Court, trying to provide lame excuses why the acccess was and is denied to the Docket of the litigation of the arrest of Richard Fine.


And so forth... Such claims were not nearly as complex as the claims of War Crimes. And the evidence involved no "he said she said" - it would be based exclusively on court records that were false and deliberately misleading. Otherwise - media reports would be use to document the chronology of events, not the interpretations. E.g. the fact that Richard Fine was no longer a free man since March 4,2009, regardless of the legal background. No records issued by Atty Richard Fine would be required either.

For example - the records issued by the Sheriff for the arrest and booking, and posted online , compared to media report of the arrest, would be sufficient to show that the government records were false and deliberately misleading. The sheriff claimed that the arrest and booking took place in Municipal Dept 86 in San Pedro:
a) No such department existed - there were no municipal courts in LA for years.
b) Media reported that it took place in Dept 86 of the Superior Court, downtown LA, Judge Yaffe's courtroom.
c) Even after the Sheriff was notified of the false data - it was never corrected.
d) The false data was used to obscure the lack of records - the Sheriff's office claimed that the papers were held at the place of the arrest and booking - which did not exist at all - Municipal Dept 86, San Pedro.[5]

I made the request for access to arrest and booking papers following consultations with a California Civil Rights organization that provided me with the exact code section and subsection to quote in the request. Moreover, the Legal Director of that organization informed me that other counties in California routinely comply with California law in this matter. In fact - you can access such records from other counties online.

This was one area where a declaration by [redacted] would be helpful. [Redacted] I assumed that [redacted] got a warrant. If he were willing to produced a declaration that documented what was a standard California procedure for arrest and booking in LA county, that would be critically helpful. Similar declaration by a criminal defense attorney who practiced in LA County, would be great. However, I doubt that any criminal defense attorney would dare provide such declaration, based on the experience so far, unless anonymity could be somehow guaranteed, which I doubt was the case.

Similarly, declaration by [redacted], or anybody else, about their attempts to access their own docket (Register of Actions) in LA county, would be great help. I am copying this letter to some candidates as well.

This is only one simple example, but it gets to the essence of the case. It is not at all in the same league as "War Crimes" claims against Bush and Rumsfeld. In addition - in Iraq - a number of countries and governments were involved - the "Coalition". Here - we are talking about the Justice Department of California, and the Justice Department of the U.S. It is a much narrower field.

Finally - the current situation is direct extension of the Rampart Scandal.. It was carefully documented in official and media reports, and we have some 10,000 documented victims, who were still falsely imprisoned a decade after their innocence was proven.

In short - the conditions of the justice system in Los Angeles County are not only the case of one person - Richard Fine, but a Human Righst disgrace of global and historic proportions.[1][2][3][4]

It is not a temporary failure of the U.S. Government either. In 2000, the following was written by credible national level legal scholars, abotu the justice system in LA:

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.
Prof David W. Burcham, then Dean, and Prof Catherine L. Fisk, Loyola Law School, Los Angeles, Rapart 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, today Dean of Irvine Law School, University of California, 57 Guild Prac. 121 2000

These were no fringe radicals, these writers were the establishment itself. And yet - for a decade, not corrective actions were taken, as documented in reference, below. [2]

In short - I am talking about taking concrete, practical measures, relying on evidence that is official reports, commissioned by government itself, court records, and media reports. Some scholarly legal publications to provide the context. Hardly any declarations or witnesses would be required.

I do not expect necessarily any final rulings, or judgments either, just issuance of the comparable of summons, or warrants. That's enough. I believe that what I am talking about is not such a major project, but then again - I am no lawyer... I would be grateful for comments on the matter. I am trying to accomplish in a time-frame of 30-60 days, a tangible outcome, possibly sufficient to secure the release of Richard Fine.

This is again, a request for help or advise from medical professional in LA County and elsewhere in the U.S.- how to address the holding of Richard Fine, coerced confinement in a hospital room.

Any help, or suggestions from people of good will would be gratefully accepted.


Joseph Zernik

Linked Records
[1] Best short review of the Rampart scandal massive probe (1998-2000, 200 investigators), on how the Rampart-FIPs where falsely convicted and falsely sentenced - by renowned constitutional scholar, Founding Dean of Univ of Cal Irvine Law School, Prof Erwin Chemerinsky - paper from Guild Practitioner
http://inproperinla.com/00-00-00-rampart-reports-00-09-01-chemerinsky-57_guild_prac_121_2000.pdf
[2] Best reference on why the Rampart-FIPs are still imprisoned - by an official panel of experts, commissioned by the LAPD itself, led by civil rights activist, Att Connie Rice - LAPD Blue Ribbon Report (2006)
http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
[3] One reference for our low, conservative estimate of 10,000, compared to an estimate of 8,000 by the LA District Attorney office, 15,000 by criminal defense attorneys, and 30,000 by others - PBS Frontline (2001, updated 2005)
http://inproperinla.com/00-00-00-rampart-first-trial-01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf
[4] A Symposium held at the Loyola Law school 2000, reviewed various ascpects of the scandal.
http://inproperinla.com/00-00-00-rampart-loyola-sypmposium-2000-burcham-fisk-s.pdf
[5] Data from the sheriff's inmate information center. The sheriff refused to allow access to arrest and booking records, in contradiction with california public records act.
http://inproperinla.com/09-04-21-richard-fine-inmate-information-center-%20booking-details.pdf

At 10:33 PM 11/25/2009, you wrote:

I dare say, my cup runneth over and my plate is full.

You have a tall order in front of you. Not that I do not think you are well intended in your goals, holding each of these people accountable in the way you are planning to may be a bit tough.

I think there was a similar movement against Rumsfeld and even Bush.

I do not want to discourage you, but I would like you to consider other options and so forth.

Perhaps someone else on this list might have another idea.

[redacted]




On Wed, Nov 25, 2009 at 9:46 PM, joseph zernik <jz12345@earthlink.net> wrote:

Hi [Redacted]:

As you know I am no lawyer, in contrast with many in this group. However, I tend to see the the situation more along legal lines - as violations of ratified International Law. Current corruption prevalent among the U.S. judiciary (by that I mean the class, including both state and federal judges) is something of medieval proportions - and with that severe abuse of the Human Rights of the American People by it own government. The same government would like to rescue the rest of the world from abusers of Human Rights.

FIRST - you have to realize how many of the Human Rights in the Universal Declaration pertain to establishment and maintenance of a fair and honest tribunals [1]

SECOND - you have to realize that the Universal Declaration, passed at the efforts of Elenor Roosevelt and others in 1948, is today Ratified International Law.

THIRD - You have to realize that certain courts in various countries hold that any court has jurisdiction on Human Rights anywhere.

Even if a result could be an issuance of international warrant on any of these individuals, limiting their ability to travel internationally, it would be a major step towards release of Richard Fine.

FOURTH - Please notice that RIchard Fine is held in the jail hospital all of this time - since he is not on the Count List of the jail, since he was never booked, since none of the papers is held valid by the justice system itself. It is exactly the equivalent of the Soviet Union holding dissidents in mental hospitals.

In short -

1) I am seeking like minded persons to join me in calling upon medical assocations to raise their voice and power. To hold him in the Jail hospital some unknown doctor had to sign papers - illegally.

2) I am seeking like minded persons to join me in a trip abroad this winter. Not next summer, etc. THIS WINTER.

In short: I believe that we must go abroad and sue the U.S. Government, David Yaffe, Carla Woehrle, John Walter, Alex Kozinski, Richard Tallman, Richard Paez, Eric Holder, Glenn Fine, Webster, Kenneth Melson, Kenneth Kaiser, Eric Holder, Barack Obama, for violations of Human Rights on the issue of false jailing of Richard Fine.

The evidence is all there [2] [3]. I am ready/able/willing to go tomorrow, but I am seeking like minded persons, ideally with legal background, who speak several languages, to join me in a group.

Consider it a winter vacation... :)

Linked Records

[1] http://inproperinla.com/00-00-00-law-international-ratified-48-12-10-the-universal-declaration-of-human-rights.pdf

[2] http://inproperinla.com/00-00-00-us-disuea_lasda_09-10-13-appeal-to-sheriff-lee-baca-s.pdf

[3] http://inproperinla.com/09-11-21-complaint-to-fbi-on-kozinski-s.pdf

At 05:11 PM 11/25/2009, [redacted] wrote:

I get the sense that there is some sort of synergy between all of us since we all tend to contribute a little here and there to these "Group" discussions. I also get the sense that other than a few others that are not on this list, we are the main resistors/reformers out there. There must/needs perhaps ought to be a way for us to better work with each other.

I am of the mind that judiciail corruption is a symptom of bad representation. I am in the process of fighing cases trying to increase representation. My website californiacommonwealth.com is sorely in need of better content and more relevant updates. I need to expand what I am doing on another page I own "projectcommonwealth" I am having a hard time balancing myself and my own life as well as getting my cases drafted/finished and so forth. I try an d go on as many radio shows as I can to get the message on what I am working on out.

One group has recently considered adopting my strategy and has invited me on NFOJA. Other than that, I read up on what is going on with most others on this list. I keep up with Barbara Johnson, even helped on her Cert Petition to the US Supreme Court some years ago. I talk with [redacted] regularly, I use Constitution.org for lots of my research. I have been on Sassowers webage a few times over the years. I have been n knowyourcourts as well. I even contributed a bit to it (one piece needs to be rewritten).

We need to be able to organize and perhaps stop some of the duplication. Goodness knows, it seems like with a snap of a finger, the other side (whoever they are individually or collectively) can dump comments we have made on stories or en troth, eliminate any and all education to the greater body of people (The Public) who may benefit from our experience.

Not sure what else to say or add.

[Redacted]