09-10-29 DAILY NEWS OF RICHARD FINE - ARREST AND BOOKING INFORMATION ARE NEWLY UNKNOWN....

Background

Attorney Richard Fine is held for over half a year, since March 4, 2009, by the Sheriff of Los Angeles in solitary Confinement. As was the case everyday in over two weeks, I called the office of the Sheriff, to ask to access to inspect and to copy the Arrest and Booking papers, as is my right by law.

The News for Today

1) The Sheriff's office is no longer claiming that they arrested and booked Att Richard Fine in San Pedro, as was previously claimed, and as was listed online in the Sheriff's Inmate information, which was false and misleading.

2) What was the foundation for the confinement?

The Sheriff was holding Att Richard Fine by REMAND.

3) Where and when he was arrested and booked?

There was no answer on that.

4) Requesting to access arrest and booking records?

The Sheriff's office stated that they practice full transparency. If I wanted to see the arrest and booking papers, I would have to get a court order for that.

Joseph Zernik

_____________________

Date: Thu, 29 Oct 2009 14:02:47 -0700
To: "Sheriff Lee Baca"<13232676600@efaxsend.com>
From: joseph zernik
Subject: Request for a note formally stating your position regarding arrest and booking of Richard Fine.

Octoebr 29, 2009


Dear Sheriff Baca:

I am grateful for your office staff help. Commander Liang told me today by phone, that your office is practicing a policy of transparency.
I therefore requested a clear statement as to:

1) Which agency arrested Richard Fine, where, and when?

2) Which agency booked Richard Fine, where and when?

3) What is the legal basis for his confinement by the Sheriff?

The information provided online as Inmate Information, is false and misleading. Today, Commander Liang claimed that the Sheriff holds and confines RICHARD FINE by REMAND, but he could not explain where, when, by whom he was arrested, and where, when, and by whom he was booked.

I request a clear written statement on the three questions above, which can be one sentence such as:

RICHARD FINE was arrested by____, on the date of ____ at the time of ____ in location _____, and was booked by____, on the date of ____ at the time of ____ in location _____, and his confinement by the sheriff is founded on ______.

Joseph Zernik

The Spirit of LA - we are very laid back and flexible...

Please sign the petition -
http://www.thepetitionsite.com/1/free-fine

_________________________________
Requesting comments on DRAFT request for appointment of a Special Counsel for the LA Justice System, which we allege is under the grip of a racket.

The LA Justice System now appears to be facing a crisis again, embodied in the false jailing of Atty Richard Fine - since March 4, 2009, in solitary confinement. Direct communications with the office of the LA County Sheriff failed to gain agreement of the office to allow what is guarateed by law - access to the Arrest and Booking records of Atty Richard Fine, to inspect and to copy. The Office of the Sheriff now refuses to answer the questions: Who arrested Richard Fine, when and where, and Who booked Richard Fine, when and where.

It is not by chance that such access is denied, since there are no papers at all to support that arrest and booking, and the data that was listed in the Sheriff's information system online was obviously false. It listed the Arrest and Booking in San Pedro. The Arrest took place in the Court of Judge Yaffe, in downtown LA, There were media present, since it was anticipated, and it was widely reported. The Booking in San Pedro never made sense, and the Sheriff Station there, denied that it ever happened. Furthermore, it was listed in Municipal Department 86 in San Pedro, where no such department existed, The non-existent location and booking agency fit well with the papers - since the standard procedures of the Sheriff was that Booking paper were stored with the booking agency.

The Sheriff was not alone though in denying access to records.. In LA County, for the past 25 years, both civil and criminal litigations were conducted with no access to the dockets (Registers of actions) and often also with no access to the minute orders... Flying blind...

As one well known office in LA explained - Representation by Counsel was an art, not a science, and therefore, all these papers did not make any difference... It all depended on the rapport of the Counsel with the court.

There was no doubt that such was and is indeed the case in LA County.

It was not only the Registers of Actions and the Minute Orders... In the past few weeks, the Presiding Judge of the Court was requested to finally disclose what the Local Rules of Court were in re: Entry of Judgment. So far the Presiding Judge has refused to provide the answer. The published Rules of Court were clearly false for the past 25 years - since the published Local Rules of Court stated that it required entry in the Book of Judgment - just as the California code required. However, the LA County had no Book of Judgments for the past 25 years. It also had no Rules of Court for Entry of Judgment for the past 25 years...

So, how do you determine the date of Entry of Judgment?

The clerks in the County Archive - Hall of Records - Judgments Room - indeed admitted that it was a tricky business, and you never knew for sure. Also - entered judgments were supposed to be backed up in microfilm... But if you judged by the microfilm backups, then hardly any judgments were ever entered in Los Angeles County California. Except for the family courts, which appeared to faithfully and orderly enter their judgments with notice of entry of judgments, etc.

However, appeals must be noticed within 60 days from Date of Entry of Judgment by California Law .... Well - the California Court of Appeals, 2nd District did not even have a field in its online Dockets for storing such data.

So how did the Court of Appeal, 2nd District determine such date?

It appeared that the court was flexible on this question... After all the same Court of Appeals also allowed, at least in one case, a Notice of Appeal from nothing - no order or judgment were listed as originating such Notice of Appeal, but it passed through review of the pre-docket clerk of that court. and was listed in the docket... In another case, 2 judgments were listed in the same case, and three appeals, although both of the first appeals were denied, the third was dropped by the appellant.

In Los Angeles County, California, we are also flexible on the question who is the judge in a case.... Judges preside with no assignment order in good number of cases. In a landmark case - Sturgeon v LA County - which hold the future prospect of any honest court services in LA for years to come, JUSTICE JAMES A RICHMAN, from the California Court of Appeals, First District, San Francisco presumably runs the show... but what is he? He routinely signed as "Sitting as Judge by Assignment".... The court routinely recorded him as "Not by assignment - by reference", and Plaintiff, represented by Judicial Watch, recently in a notice of appeal defined him as presiding "by Designation.".. No order supporting the authority of the Honorable Richman could be found on file... Go Figure,,, Fly Blind...

One must recall that in Los Angeles, California, we are also flexible on what is a court case, in the first place...
The Court has been denying public access to its Index of All Cases for the past 25 years. Instead it posted online some query engine, posted with a Disclaimer - that it should not be relied upon. Indeed a few months ago, when journalists searched for the case of movie star Sharon Stone, it turned out that it never appeared there at all. Moreover, we have a good number of cases, that appear there, but the Clerk of the Court refuses to certify as cases of the court....

A phone call request for observers by Attorneys without Borders, based in Connecticut, was denied. They said they operated only outside the U.S. I'd say for legal purposes, we were outside the U.S. We would like to be in again...

With all that in mind, and with attorney Richard Fine in solitary confinement for over half a year, off the inmate count, off the record, please review the request below. Any comments would be greatly appreciated.

Final notice: The writer is not an attorney, not even by a long shot, but the fact that no attorney in LA would dare say a word on the subjects listed above is alarming as well.

You broke it - please fix it - Request for appointment of a Special Counsel for the LA County Justice System...

Hi Bobby:

Your note on CIA and drug money was of interest to us, who live in LA under the plight of the LA-JR (alleged LA-Judiciary Racket) of the LA Superior Court.

In tracing the history of corruption of the justice system in LA county, one must note that for over a decade, starting in the early 1980's, CIA was involved in the trafficking of drugs to LA County, for sale, as part of the "Iran Contra scandal". Special Report of the U.S. Department of Justice Inspector General was published on the matter in 1997.

The report focused on claims that the CIA caused the Crack Cocaine epidemic of those year. However, the report entirely ignored to explore what experts on criminal justice profess to be the worst damage of a failed drug policy -- corruption of the justice system.

One cannot ignore the fact that the Federal Government therefore had a major role in creating what one organization tracing performance of the justice systems in various parts of the country called a "hellhole" for justice. It established a connection between federal agencies, local agencies and the courts, which had drug profiteering as its cornerstone.

A decade later, during the Rampart scandal (1998-2000) - it was still the same story - local law enforcement and federal agencies, connected with the courts in cover up of the worse corruption scandal in the history of the U.S. - and based on drug profiteering.

In the aftermath - the First Rampart Trial (2000) was derailed, and with a Federal failure to enforce the law - thousands of victims - the Rampart FIPs - who were documented in the investigation - which was the largest in the history of the U.S (200 investigator for two years) - were allowed to remain falsely imprisoned to this date. in what is a Human Rights Disgrace of historic proportions.

Regarding the Justice System of LA County, the following was written in 2000 by local legal scholars:

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, 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, today Dean of Irvine Law School, University of California, 57 Guild Prac. 121 2000

These words were written before the victims were allowed to remain falsely imprisoned for another decade..

In 2001 - a Federal Overseer was appointed for LA - we were in the same league with 1) Guantanamo Bay, and 2) the Prison system of california, all three of us had Overseers for Civil Rights, and in all cases, I believe it would be fair to say - ti was meant only as a fig leaf - nothing more.

By 2006 - the Blue Ribbon Review Panel Report described corruption of the justice system in LA as worse than it was during the 1920's Water Wars, reflected in movie Chinatown. The report concluded that the decision in 1998 to allow LA county to investigate itself was ludicrous, and it recommended an "External Investigation". That never happened.

In 2009 - a few weeks ago, the Overseer terminated its office. To the best that I could ascertain, not a single one of the Rampart-FIP's was released through the work of that office, but it was not part of its charge either. However, a key provision in the Consent Decree that was the foundation for the office of the Overseer - periodic financial disclosure by narcotic officers - was never implemented either.

Therefore, one may assume, that the connection of federal agencies, local agencies, drug money, and the courts, continues to this very date.

Another key provision - involved access to computerized databases - I doubt that it was implemented either. In any event =- the denial of public access to public records, false jailing, and corruption of the justice system, with Federal approval - are still the core problems described below... now focused in the false jailing of Atty Richard Fine.

With that in mind, I am seeking comments on the draft below.

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Copies of all records referred to above can be found in archive: http://inproperinla.com/

NEW & IMPROVED DRAFT REQUEST FOR SPECIAL COUNSEL

ERIC HOLDER

Attorney General of the U.S.A.

_________________________________________________________

Seeking immediate comments and suggestions on the DRAFT below, much of the evidence was posted or linked in blog http://inproperinla.blogspot.com/

– Joseph Zernik

09-10-29 NEW & IMPROVED DRAFT

TO ATTORNEY GENERAL ERIC HOLDER AND THE GOVERNMENT OF THE UNITED STATES:

We respectfully request that Attorney General Eric Holder, on behalf of the Government of this Country, perform its duties pursuant to ratified International Law, and also pursuant to international accords, to which this Country and its Government claim to be parties in good faith.

Our Rights are deprived:

1) We allege deprivation of our Human Rights –

For Liberty (Article #3), Security of Person (Article #3), Equal Protection under the Law (Article #7), Effective National Tribunals for Effective Remedy of Acts Violating Human Rights & Rights Granted by the Constitution of this Country and its Amendments (Article #8), Not Be Subjected to Arbitrary Arrest (Article #9), Fair and Public Hearing by an Independent and Impartial Tribunal, in the Determination of our Rights and Obligations and of any Criminal Charge against us (Article #10).

2) We allege deprivation of our Common Law Rights –

To Access Court Records to Inspect and to Copy.

Such deprivation of Rights is affected by those who were charged with the protection of our Rights:

1) We allege racketeering by Judges of the Superior Court of California, County of Los Angeles -

Which the Government of the State of California is not ready, willing, or able to address.

2) We allege that ample, credible evidence of the conduct of such Judges as an enterprise through a pattern of racketeering activity, was documented, back at least to the Rampart Scandal (1998-2000) and its aftermath -

(a) The Rampart Scandal investigation (1998-2000), which ended with no report, (b) the First Rampart Trial (2000), which was derailed, (c) The ongoing false imprisonment of the many thousands, almost exclusively Black and Latinos, who were falsely convicted and falsely sentenced - through framing of false evidence, through torture to extract of false confessions, and through routine false testimonies by police. (d) Official reports - the latest - Blue Ribbon Review Panel Report (2006) - called for an “External Investigation”, which was never instituted.

3) We allege that credible evidence of the conduct of such Judges was found more recently in secret payments to all Judges by the County, for over a decade, which were ruled “not permitted”, and labeled “Bribes” (1990s – present) - and in their conduct after the matter was exposed -

Derailing of the litigation in Sturgeon v LA County (BC351286), which stemmed from this matter, and hiring of a lobbyist to pass a law, intended to circumvent the ruling of the California Court of Appeals, and passed in violation of the rules of debate of the California Legislature, nevertheless – a law that demonstrated that the Judges and the Judicial Counsel of California were of the opinion that the Judges were all liable for violations of the law.

4) We allege that credible evidence of the of conduct of such Judges was found more recently in a collection of individual cases –

Most of which were real estate-related, and in which corruption and/or criminal conduct is alleged of the legal profession, financial institutions, and law-enforcement, including, but not limited to banking regulators.

5) We allege that credible evidence of the conduct of such Judges was found in the most notorious of these individual cases – the false jailing of Attorney Richard Fine –

With only false and misleading records to form its legal foundation, but no valid, effectual records at all, where the Sheriff refused to allow access to the Arrest and Booking records, which originated from a derailed litigation in Marina v LA County (BS109420), and where corruption and/or criminal conduct of the legal profession and law enforcement is alleged.

We are readily familiar with the causes of such conditions in Los Angeles County, California:

1) We allege that conduct of such Judges was enabled by the Court’s computerized case management systems -

Which the Court falsely established as “Privileged”, through unpublished Rules, and to records of which, the Court falsely denied public access for a quarter-century.

2) We allege that conduct of such Judges was facilitated by elimination of the public records of the Court –

Which were the Book of Judgments, Index of All Cases, Calendar of the Courts, and Registers of Actions (Dockets).

3) We allege that conduct of such Judges was facilitated by inadequate and/or false and/or missing Local Rules of Court –

Including, but not limited to: (a) Unpublished Rules, which established the courts computer records as “Privileged”, (b) The Unpublished Rules pertaining to Entry of Judgment – which the Court refuses to disclose, and (c) The false Rules regarding Referrals, intended to circumvent the Law, which requires Appointment Orders, which led to the false jailing of Attorney Fine, and which led to derailing of Sturgeon v LA County as well.

4) We allege that conduct of such Judges was enabled by the Sheriff Department’s computerized case management system -

Which allowed to arrest, book, and keep people jailed with no legal foundation, while generating the false representation of compliance with the law.

5) We allege that conduct of such Judges was enabled by the Sheriff Department’s denial of access to records that are public records by Law -

Such as the Arrest and Booking records of Inmates held by the Sheriff Department.

Our requests for help, previous to your term in office, were frustrated:

We allege that responses on this matter, provided in August-September 2008 by senior U.S. Department of Justice Officers to U.S. Congress – the Honorable Diane Watson and the Honorable Dianne Feinstein - were false and deliberately misleading.

Therefore, we respectfully request the help of your good offices:

By immediately appointing a Special Counsel pursuant to 28 CFR §600 for a limited time, limited mandate, to guarantee, through investigation, and prosecution - if needed:

1) Public access to public records to inspect and to copy;

2) Integrity in operations of the offices of the Clerk of the Court and the Presiding Judge of the Court, with honest, published Local Rules of Court, and

3) Integrity of the case management systems of the Court and the Sheriff Department.

Conditions in Los Angeles County, California are extreme, but we hear the plight of the People all over these United States. We pray that repair of the Justice System in Los Angeles County, California, will set the course for Justice all over the States.