Saturday, May 15, 2010

10-05-15 Alleged Honest Services Fraud at the US District Court, Vermont // Presunta Fraude de Honestos Servicios en el EE.UU. Tribunal de Distrito de Vermont // Angebliche Honest Services Betrug bei der US District Court, Vermont









RE: Huminski v Rutland Police Dept (1:99-cv-160) – Alleged Honest Services Fraud at the US District Court in Vermont
The case of Huminski v Rutland Police Department, from the US District Court, Vermont, detailed below, surprisingly mimicked in great detail the case of Fine v Sheriff of Los Angeles County at the US District Court, Central District of California, where Attorney Kevin McCormick engaged in false appearances for Judge David Yaffe, while not Counsel of Record in the case, where the Judicial Council of California, which retained Attorney McCormick for such false appearances, insisted on referring to the case using a false caption, corrupting the name of first Defendant as "Sheriff of Los Angeles Court", [1] and were invalid NEFs were produced by the Court for all Minutes, Orders, Judgment, and Mandate served in the case. [2]
Service of Minutes and Orders with invalid NEFs - missing the Court Stamps - were previously documented in Huminski v Rutland Police Dept et al, as well. [3]
LINKS:
[1] Correspondence with California Judicial Council in re: Engagement of Kevin McCormick in the habeas corpus of Richard Fine.
[2] See Human Rights Alert Filing with the United Nations, linked as [3] , in letter to Attorney Bertrand, below.
[3] Huminski v Rutland Police Dept (1:99-cv-160) –  Letter to Prof Fallon, Harvard Law School, regarding two NEFs served on Huminski with no Court Stamps.

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-----Forwarded Message-----
From: jz 
Sent: May 15, 2010 4:50 AM
To: bertrand@kenlanlaw.com, Feedback@kenlanlaw.com, 1-802-775-1581@metrofax.com
Cc: joseph zernik , dlc@clearyshahi.com, plynn@IYlmlawvt.com, mking@lynnlawvt.com, mpatane@atg.state.vt.us, angelav@atg.state.vt.us, cgoldstein@atg.state.vt.us, rhooker@atg.state.vt.us, hthomas@lynnlawvt.com, aspears@lynlawvt.com, s_huminski@live.com
Subject: Huminski v Rutland Police Dept (1:99-cv-160) – February 12, 2010 Defendant Corsones’ objection to Huminski’s Motion for Limited Discovery and related issues.


May 14, 2010 
Attorney Shalmon A. Bertrand
KENLAN, SCHWIEBERT, FACEY & GOSS, P.C.
bertrand@kenlanlaw.com
Feedback@kenlanlaw.com
1-802-775-1581@metrofax.com

RE: Huminski v Rutland Police Dept (1:99-cv-160) – February 12, 2010 Defendant Corsones’ objection to Huminski’s Motion for Limited Discovery and related issues.

Attorney Bertrand:
I am in receipt of your paper, referenced above, [1] and also of Judge Murtha’s Memo and Order. [2]  Some technical deficiencies appeared in both papers, where I request your assistance, which would require minimal effort at best, and would be critical in the safeguard of Human Rights at the US District Court in Vermont and beyond [3]:  
1)      Your service of the February 12, 2010 Defendant Corsones’ Objection failed to include the NEF from the US District Court Vermont’s CM/ECF. [1]
As is patent in the various users’ manuals of the US district courts, the Notices of Electronic Filings (NEFs) are today the authentication instruments of the US courts.  However, since I am not authorized in CM/ECF – the Court’s case management system, at the US District Court Vermont, I was denied service and notice of such critical paper through CM/ECF by the Court itself.
The record, referenced above, [1] showed the US District Court header imprint on its pages:
            Case 1:99-cv-00160-jgm Document 351 Filed 02/12/10 Page 1 of 4
It was obvious that you served Proposed Intervenor Zernik his copy of Defendant Consones’ paper after its filing at the US District Court in Vermont.  For such filing to be honest, valid, and effectual, you should have received by email in response to your electronic filing a Notice of Electronic Filing (NEF) from the US District Court in Vermont’s CM/ECF – the Court’s case management system.
In fact, you referred to that fact in your “Certificate of Service” (Dkt #351-1), where for some of the parties you stated that the authentication would be delivered “VIA CM/ECF.”
Therefore, I request that you forward to me the NEF for the paper you served on me, so that I would be able to discern whether the paper that you served on me was indeed a paper that was an honest, valid, and effectual filing at the US District Court, Vermont.  Given that the NEF is an electronic record, I would be grateful if you forward it by email to .

2)      Your February 12, 2010 Defendant Corsones’ Objection [1] failed to state the correct caption of the case at hand.
The Court listed the first Defendant in the case as “Rutland City Police Department.” [2]  You entirely failed to list such Defendant, and therefore, the case caption of your paper was inadequate or invalid. 

Therefore, I request that you please serve me a corrected paper, alternatively – a reasonable explanation for the erroneous case caption used by you.

3)      Your February 12, 2010 Defendant Corsones’ Objection [1] failed to include an adequate signature box for the Counsel.
Therefore, I would be grateful if you could forward me an explicit statement that you were and are Counsel of Record for Defendant Corsones in the caption of Scott Huminski, Plaintiff v. Rutland City Police Department, Rutland County Sheriff's Department, Town of Rutland, Unnamed Members of the Rutland County Sheriff's Department, Unnamed Rutland Police Officer, State of Vermont, Nancy Corsones, Karen Predom, Vermont State Police, Unnamed Vermont State Police Officer, Rutland District Court, R.J. Elrick, S. Schutt, Robert Emerick, M. Patricia  Zimmerman, Bennington County Sheriff's Department, Gary Forrest, City of Rutland, Rutland County, Defendants. (1:99-CV-160) at the United States District Court For The District Of Vermont.

4)      The Court’s February 12, 2010 Memo and Order [2] was likewise served with no authentication at all.
The Court served its Memo and Order with no authentication at all.  Given that I was and am denied access to the NEFs in  CM/ECF, there was and is no way that I could discern whether the paper served on me by the Court required “full faith and credit.”
Therefore, I would be grateful for your help in forwarding to me by email the NEF which you surely received by email from CM/ECF on the February 12, 2010 Judge Murtha’s Memo and Order.
Your help in these matters would be greatly appreciated.  No doubt you realize that such simple technical matters are critical for the furtherance of justice and for the safeguard of the Human Rights of all who reside in the United States in view of the manner in which the US courts are today administered through PACER and CM/ECF. 
Truly,
___/s/_______
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert 
CC:
David L. Cleary
dlc@clearyshahi.com

Pietro J. Lynn
plynn@IYlmlawvt.com
mking@lynnlawvt.com

Mark J. Patane
mpatane@atg.state.vt.us
angelav@atg.state.vt.us
cgoldstein@atg.state.vt.us   
rhooker@atg.state.vt.us

Heather E. Thomas
hthomas@lynnlawvt.com  
aspears@lynlawvt.com

Scott Huminski
s_huminski@live.com

LINKS:

[1] February 12, 2010 Defendant Corsones’ Objection
http://www.scribd.com/doc/31305312/10-02-12-Huminski-v-Rutland-Sheriff-s-Department-et-al-at-the-US-District-Court-Vermont-False-Memo-and-Order-served-with-no-NEF-at-all-s

[2] February 12, 2010 Judge Murtah’s Memo and Order
http://www.scribd.com/doc/31305312/10-02-12-Huminski-v-Rutland-Sheriff-s-Department-et-al-at-the-US-District-Court-Vermont-False-Memo-and-Order-served-with-no-NEF-at-all-s

[3] April 19, 2010 Human Rights Alert submission for the 2010 UPR (Universal Periodic Review) of Human Rights in the United States by the United Nations:
a) Press Release:
http://www.scribd.com/doc/30200004/10-04-19-Human-Rights-Alert-Filed-UPR-Report-with-the-United-Nations
b) Submission:
http://www.scribd.com/doc/30147583/10-04-18-Human-Rights-Alert-Final-Submission-to-the-United-Nations-for-the-2010-Universal-Periodic-Review-of-the-US-s
c) Appendix:
http://www.scribd.com/doc/30163613/10-04-19-Human-Rights-Alert-Final-Appendix-for-Submission-to-the-United-Nations-for-the-2010-UPR-of-the-United-States-s
d) UPR Tool Kit by the Urban Justice Center:
http://www.scribd.com/doc/29867561/10-04-13-UPR-Tool-Kit-Urban-Justice-Center-USA-provided-by-UN-office-of-High-Commissioner-for-Human-Rights


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