Friday, May 8, 2009

Nominations: Award the Honorable Virginia Phillips, U.S. Judge, Carla Woehrle, Magistrate, and Jacqueline Connor, California Judge Passage to Iraq!

Proven track record of the nominees makes them perfect candidates for positions now open - as Trainers of Trainers [i]and Curriculum Developers   [ii]  - for Court Administrators in Baghdad... Let them move Iraqi justice to the next level… Satisfaction guaranteed...

Summary:

Under the Bush administration, U.S. started reshaping the justice system in Iraq[i], efforts highlighted by alleged torture in Abu-Ghraib[ii], closed door proceedings against undesirable electoral candidates[iii], the botched trial and execution of Saddam Hussein[iv], and objection to U.S. ratification of the International Criminal Court[v]… The nominees’ proven track record demonstrated that they would be able, each separately - better yet – as  a team - to move the Iraqi justice system to the next level…

Body:

Soon after the capture of Baghdad, U.S. forces, under Paul Bremer, initiated efforts to reshape the Iraqi justice system.  Such efforts included notorious abuse of justice, such as the Abu-Ghraib alleged torture affair, the trial behind closed doors of undesirable electoral candidates, unlawful detentions of thousands of Iraqis, and most visibly, such efforts were topped by the botched trial and execution of Saddam Hussein.

The nominees have proven track record that promises achievement of the desirable outcome – satisfaction guaranteed!  

1. The Honorable Carla Woehrle, magistrate of the U.S. District Court, Los Angeles: Having to work under unfriendly conditions – the  Pacer case management system does not allow even a small fraction of he alleged frauds allowed in Sustain (see below), Magistrate Woehrle demonstrated the ability to still affect alleged dishonest manipulations and adulteration of court records, eliminating undesirable records.   Such achievements were not an isolated case – she demonstrated such skills in Zernik v Connor et al, Fine v Sheriff Dept of LA County, as well as Fine v California State Bar Association.[i] Complaint was filed with FBI, but there is no evidence of any investigation at all.

Moreover, regardless of yet to be verified extensive conflicts of interest related to her social and colleagial relationships with defendants and their spouses, John & Suzanne Segal, as well as Alicia and Gerald Rosenberg, Carla Woehrle failed to disqualify.[ii]

Given that conflicts were obvious, in part through her conduct in court, Carla Woehrle was requested to file a statement on the record regarding such conflicts, if any, pursuant to the California Code of Judicial Ethics, Canon 3E(2)[iii].  Canon 3E(2) says:

E. Disqualification.

(1) A judge shall disqualify himself or herself in any proceeding in which disqualification is required by law.

(2) In all trial court proceedings, a judge shall disclose on the record information that is reasonably relevant to the question of disqualification under Code of Civil Procedure section 170.1, even if the judge believes there is no actual basis for disqualification.

Carla Woehrle refused to file such statement on the record[iv], demonstrating skills that could be useful in Iraq any day, and should be instilled in trainees and made part of the curriculum for the courts in Iraq, no doubt.  The reason provided by Carla Woehrle for the refusal to file such statement on the record was that she was serving in a U.S. Court, therefore not bound by California Code of Judicial Ethics.  Such reasoning is likely to be found invalid on its face upon review.  Since U.S. Courts operating in the several states of the union are required to observe state law on the matter, even when following U.S. court procedures[v].

Carla Woehrle is a perfect team player.  This past week she struck the paper filed by P0litical Prisoner Att Richard I Fine for having no signature.  THe paper bears no signature since Att Richard I Fine had to have it dictated by phone, while the Sheriff denies Att Fine access to paper and pencil. Definitely clever![vi] May even qualify as novel and original legal thinking at the Constitutional leve!

Similar to Jacqueline Connor, Carla Woehrle, when faced with disqualification for a cause, which was not yet ruled upon, simply ignored it - again, showing and original approach to the law![vii],[viii]

2.  The Honorable Virginia Philips, U.S. judge, Central District of California: Virginia Philips and Carla Woehrle must be taken as a team, both or none…  Judge Philips provided the shield that allowed Carla Woehrle the conduct described above.

Judge Philips must be commended for her March 21, 2008 Minute Order. It was an elaborate ruling on a request for temporary restraining order against Judge Terry Friedman.  It was a perfect example of economy in court action.  The Restraining Order request was by then moot for 2 weeks, but whereas Judge Philips refused to rule on it when it was not moot, she issued an extensive ruling when it was moot.  Judge Terry Friedman has been holding for over a year now a “file” of a case that the Clerk of the LA Superior Court has repeatedly refused to certify as a case of the California Superior Court, where the same Clerk refuses to certify the judgment as a valid entered judgment, and also refuses to certify Terry Friedman as duly assigned judge. Judge Friedman holds no assignment order for the case to begin with, just like all other judges in Samaan v Zernik.

Original legal theories: In her March 21, 2008 Minute Order Judge Phillips demonstrated her originality and independent legal thinking[ix]: 

a.      Her opinion on the right for an unbiased judge –  it is not part of any constitutional rights…

b.      Her position on complaint regarding abuse of civil rights under the color of law, in case alleging abuse by state judges – it requires exhaustion of state courts prior to filing petitions in U.S. Court.

However, most interesting was her particular use of the term “award judgment” and “award of judgment”, where the correct legal terminology would have been “enter judgment” and “entry of judgment”.  Such usage was particularly unusual, since no award was involved the judgment at bar was a judgment for Specific Performance.  Regardless, such unusual usage allowed writing of a minute order that would cover up the alleged real estate fraud related to entry of judgment that was perpetrated by defendants that LA Superior Court Judges. 

How did Judge Philips figure that detail out? Nothing in the complaint suggested that detail.  Therefore, her March 21, 2008 minute order indicated knowledge of pertinent facts related to the case from outside the case itself.  A request for a statement on the record regarding conflicts, if any, followed, with a request for reconsideration.[x]

Just like Carla Woehrle, Virginia Philips denied the request for a statement on the record[xi].  However, she did not use the reasoning used by Magistrate Woehrle, lending support to the notion that Woehrle’s reasoning was invalid.  Instead, Judge Philips reasoned that a judge is above suspicion to begin with.  However, in such reasoning, she ignored the fact that the request did not come out of nowhere.  It reflected a very specific suspicion – that she knew the details of the entry of  judgment fraud, which were not described in the complaint, based on the unusual use of language in her minute order.  Under such circumstances, the benefit of an initial assumption of honesty, given to any judge, was obviously invalid.

3. The Honorable Jacqueline Connor, judge of the LA Superior Court: Last, but surely not least, Jacqueline Connor is fully accustomed to the lime lights[xii], not the least from the First Rampart Trial (2000). In that trial she presided in case where a reasonable person would say she had blatant conflicts that must have required her recusal.  Not only did she not recuse herself  - she proceeded to reverse jury verdict which convicted 3 of 4 LAPD officers on charges related to the Rampart corruption scandal.  Best yet – she did so under the admirable claim of ‘mia culpa’ for her own errors in jury instructions, which unfortunately rendered the jury fatally biased[xiii].

In that case, she single handed, one may argue, affected the ongoing false imprisonment of some 10,000 Rampart-FIPs (Falsely Imprisoned Persons)[xiv].  Such skill could surely be utilized in Iraq, where many who were detained by U.S. forces are likely to be released for lack of evidence for their detention[xv].  Absent guidance by such as Jacqueline Connor, they may all be released!

In Samaan v Zernik she showed superb skills in the alleged fraudulent corruption of trial court litigation records in Sustain.  Such skills cannot be found among the judges of the younger generation, and were matched only by such as retired Judge Patricia Collins. The alleged frauds required careful long-term planning. Some of the alleged frauds in that case, such as the alleged Statute of Frauds fraud, took two years from conception too full execution!  Even she was allegedly caught in the act, in May-June 2007, she persisted, and stayed the course, regardless of two disqualifications for a cause.

Jacqueline Connor demonstrated super leadership and team work skills, providing superb service to corporate clients, such as Countrywide.  She allowed Countrywide to appear regularly in court and file motions, purportedly represented by Bryan Cave, LLP.  However, the evidence supports the allegations of deceit in outside counsel engagement – repeat of Countrywide litigation practices under the leadership of Sandor Samuels, formerly Chief Legal Officer, which were rebuked in March 08 in Houston Texas Court of the Honorable Jeff Bohm.  Moreover, Countrywide through Bryan Cave, LLP’s alleged false representation has appeared by now for almost two years in court, self-designated as “Non Party”.  At the same time, Judge Jacqueline Connor established the habit, later followed by Judge John Segal, and now by Judge Terry Friedman, of interchangeably designating Countrywide any of the following – “Defendant”, “Plaintiff”, “Cross-Defendant”, “Real Parties in Interest”, “Intervenor” all with no legal foundation at all. 

At the same time she kept others happy as well – for example - convicted felon Jae Arre Lloyd (formerly Timothy Lloyd Morrow) and the law firm of Sheppard Mullin.

Jacqueline Connor demonstrated the skills allowing her, through the use of Sustain, to allegedly circumvent basics such as the First, Fifth and Fourteenth Amendments – she ran a hearing “off the record” and “off the calendar” in a Dark Courtroom, for a gag order catering to Countrywide, and in fact largely aimed to prevent the testimony of key witness – Diane Frazier – former Countrywide senior underwriter. 

Diane Frazier is available at: 

4329 Gloria Ct, Rohnert Park 

CA 94928 

Tel: (707) 586-1479

Combined, through the various alleged frauds in Samaan v Zernik, she demonstrated discipline, long term planning, perseverance, and team work.

4. Sustain Case Management System: Success by the proposed team would be greatly enhanced by the parallel award of a contract to Sustain - the case management system software developer controlled by The Daily Journal, the largest news paper in California.  Such contract would allow the development of a case management system for the Iraqi courts, similar to the one implemented in LA County around 1985.  At that time the Honorable Ronald George, Chief Justice of the California Supreme Court served in leadership positions in the LA Courts, and surely he would be willing to recommend Sustain, based the overwhelming success of their system in LA in the past 30 year.  The intricate frauds allowed in Sustain are parallel to no other case management system inspected by the author.[xvi], [xvii]  Representative of Sustain, in a phone conversation, accordingly, stated that Sustain made no representations of compliance with the law.  Its client was the court, and it just programmed whatever the court asked it to program[xviii].

Obviously, part and parcel of such project would be the adoption of unpublished Rules of Court, as was done in LA County, foremost among them: “Sustain is privileged – for the court only”. Such a short rule, 7 words total, counting an auxiliary verb, a definitive articles, and proposition as words, is half the success. Once the public is denied access to court records, in alleged violation of Nixon v Warner Communications, Inc, almost anything is possible.

The right team, given the right tools, can make miracles happen every day of the week!


Subtitle:

[i] The March 27, 2009 advertisement, referenced below, is titled:

“Court Administration - Training of Trainers Advisor, Civilian Police International, LLC (CPI), Iraq –Baghdad”

http://inproperinla.com/00-00-00-court-admin-09-03-27-training-of-trainers%20Advisor,%20Civilian%20Police%20International,.pdf

[ii] The March 27, 2009 advertisement, referenced below, is titled: ”Court Administration Curriculum Development Advisor, Civilian Police International, LLC (CPI), Iraq- Baghdad

http://inproperinla.com/00-00-00-court-admin-09-04-01-curriculum-development%20Advisor,%20Civilian%20Police%20International,.pdf


Summary:

[i] The Wikipedia entry, referenced below, states: As the top civil administrator of the former Coalition Provisional Authority, Bremer was tasked with the challenging job of overseeing the U.S.-led occupation of Iraq until the country was deemed to be in a state in which it could be self-governed. He was empowered to issue decrees to modify Iraq's infrastructure, including such notable decrees as removing all restrictions on freedom of assembly, suspending the use of the death penalty, upholding Saddam Hussein's union laws, and establishing a Central Criminal Court of Iraq. Pre-war and post-war contingencies were different from what actually took place.

http://inproperinla.com/00-00-00-court-admin-L.%20Paul%20Bremer%20-%20Wikipedia,%20the%20free%20encyclop.pdf

[ii] The April 24, 2009 news article, referenced below, is titled: “U.S. to reveal alleged prison abuse photos.Defense Department officials worry that the Bush-era images will prompt a backlash in the Middle East.”

http://inproperinla.com/00-00-00-court-admin-09-04-24-us-to-reveal-alleged-prison-torture-photos-latimes.pdf 

[iii] The December 21, 2004 publication, referenced below states: In an attempt to bolster the electoral prospects of Iraq’s interim prime minister Ayad Allawi and the embattled US occupation, two of Saddam Hussein’s former associates were brought before a court in Baghdad on

Saturday. The proceedings, which were closed to the public and to journalists, were followed by a brief press announcement and the release of selected video footage.”

http://inproperinla.com/00-00-00-court-admin-04-12-21-Equipo%20Nizkor%20-%20Closed-door%20court%20proceedings%20in%20Iraq%20against%20Hus.pdf

[iv] The December 2003 publication, referenced below, states: “If Hussein's trial is run professionally, international law experts agree that holding the deposed dictator accountable to his own subjects in Iraqi court could provide a powerful national catharsis and be an important step toward building democracy in Iraq.”  Upon review of the records, a reasonable person is likely to conclude that transpired next did not proceed along such lines.

http://inproperinla.com/00-00-00-court-admin-03-12-22-Crafting%20Justice%20in%20Iraq%20-%20International%20Center%20for%20Transitional%20Jus.pdf 

[v] The February 1, 2008 publication, referenced below, states: “As the US presidential campaign heats up, both political parties advocate new courses. On issues from the Iraq war to climate change, candidates are calling for change and a restoration of the US position in the world. One issue ripe for reassessment is the International Criminal Court (ICC), which is designed to prosecute those who commit the most egregious crimes against humanity, genocide and war crimes.”

http://inproperinla.com/00-00-00-court-admin-08-02-01-bush-and%20the-international-criminal-court.pdf

Body:

[i] See notice of perverted discrepancy notices:

http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-105-09-04-09-notice-of-perverted-discrepancy-notices-missing-proposed-order.pdf

[ii] Yet to be verified extensive conflicts based on collegial and social conflicts with Defendants and their spouses in Zernik v Connor et al.

[iii] Motion for an order on the court , Carla Woehrle, to file a statement on the record regarding conflicts, if any.

[iv] Carla Woehrle’s refusal to file a statement on the record regarding conflicts, if any.

[v] U.S. Court are required to follow state law in which they operate, while conducting their business following U.S. Court procedures.

[vi] Striking of the paper of Att Richard Fine for missing signature.

[vii] Calra Whoerle Disqualification for a Cause.

[viii] Carla Woehrle – Minute Order in re: Disqualification for a cause.

[ix] March 21, 2008 minute order by Judge Virginia Philips:

[x] Request for reconsideration and for a statement on the record from Judge Virginia Philips, regarding conflicts, if any.

[xi] Denial by Judge Philips of request for a statement on the record regarding conflicts, if any.

[xii] November 17, 2000, LA Times report titled: “Rampart Trial Judge Not New to Spotlight”

http://inproperinla.com/00-00-00-rampart-first-trial-00-11-17-la-times-on-rampart-connor.pdf

[xv] The June 9, 2005 Reuter news item, referenced below, states: “Illegal Detentions in Iraq by US Pose Great Challenge: Annan. UNITED NATIONS - Thousands of people are detained in Iraq without due process in apparent violation of international law, the United Nations said on Wednesday, adding that 6,000 of the country's 10,000 prisoners were

in the hands of the U.S. military.”

http://inproperinla.com/00-00-00-court-admin-05-06-09-Illegal%20Detentions%20in%20Iraq%20by%20US%20Pose%20Great%20Chall.pdf

[xvi] Allegations of the intricate frauds in sustain were included in the petition, filed May 1, 2009 in Washington DC, to compel US officer to perform his duties, asking that US Dept of Justice enforce equal protection in LA County by eliminating the alleged LA Judiciary Racket.

http://inproperinla.com/00-00-00-us-dist-ct-dc-zernik-v-melson-et-al-09-05-01-us-dist-ct-dc-zernik-v-melson-writ-petition-abstract.pdf

http://inproperinla.com/00-00-00-us-dist-ct-dc-zernik-v-melson-et-al-doc-1-1-complaint.pdf

http://inproperinla.com/00-00-00-us-dist-ct-dc-zernik-v-melson-et-al-doc-1-2-complaint-exhibits.pdf

[xvii] evidence of massive frauds on the public related to the operation of sustain was previously filed in court, but was never ruled upon, both the California Court of Appeal, 2nd District, and Magistrate Woehrle were reluctant to rule on the issue.

[xviii] Phone discussion of Sustain features by Zernik and sales representative of Sustain.