Monday, December 6, 2010

10-12-06 TIKKUN's Rabbi MICHAEL LERNER is asked and ANSWERS re: Immediate Moratorium on the Death Penalty in California // Moratoria sobre la Pena de Muerte en California // 拉比是询问和答复重：死刑

 

Tikkun Magazine - to heal, repair, and transform the world

1) Joseph Zernik wrote:


Dear Rabbi Lerner:

Thanks again for your response on a previous question, pertaining to conduct of Bet Tzedek and the Los Angeles Jewish Federation.

Here is another question, which I believe you should and could opine on:

Should California declare an immediate moratorium on the death penalty?
  • A recent United Nations Human Rights Council referred to "corruption of the courts and the legal profession" in California.
  • Opinions by top US legal scholars support the same opinion.
  • Conditions that were documented through the ongoing refusal of California and federal justice agencies to free the Rampart FIPs leave little doubt regarding competence of the California justice system as we see it today.
  • For example: Los Angeles Judge JACQUELINE CONNOR - The Central Figure both in court corruption of the Rampart scandal and its cover-up - has sentenced an unknown number of criminal defendants to death.
Posing questions to leading rabbis of the day has been a traditional form of Jewish discourse, going back some 1,500 years. 

The US Jewish community historically has been committed for Civil and Human Rights, and members of the Jewish community are vastly over-represented among judges and attorneys in California and the United States.  Therefore, it is proposed that the Jewish community should hold itself accountable for conditions of the justice system in California and beyond, and initiate reform efforts. 

Your response in this matter may help to heal, repair, and transform California.

Happy Hanukkah to you and your family!

Truly,
[]
Joseph Zernik, PhD
Human Rights Alert (NGO)
Human Rights Alert - NGO
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.
Locations of visitors to this page
http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/ 
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345  
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*     "Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/

2) At 10:24 PM 12/6/2010, Rabbi Lerner wrote:
Dear Joseph,
While I could not get very much into your previous question, since it required knowing facts about a specific situation of which I was ignorant, this question calls for an ethical principle. I totally oppose the deaith penalty and believe it should be suspended immediately.

Rabbi Michael Lerner
Editor, Tikkun Magazine www.tikkun.org
Chair, the interfaith Network of Spiritual Progressives  www.spiritualprogressives.org
Rabbi, Beyt Tikkun Synagogue in Berkeley www.beyttikkun.org
rabbilerner@tikkun.org


3) Joseph Zernik wrote: 
Date: Mon, 06 Dec 2010 23:13:51
To: Michael Lerner
From: joseph zernik
Subject: Re: TIKKUN's Rabbi MICHAEL LERNER is asked re: Immediate Moratorium on the Death Penalty in California

Dear Rabbi Lerner:

I am grateful for your response, and hope that you pursue action in this matter as well.

Joseph Zernik
Posted by at No comments:

10-12-06 Don’t Ask Don’t Tell – Another Pretense Litigation by Judge Virginia Phillips at the US District Court, Central District of California? // Mas Falsos Litigios por el Juez de Virginia Phillips // 腐败在美国加州法院

US Judge Virginia Phillips
US District Court, Central District of California

Los Angeles, December 6 – Human Rights Alert (NGO) and Joseph Zernik , PhD, released records from litigation of Log Cabin Republicans v United States of America et al (2:04-cv-08425) at the US District Court, Central District of California, [[i]] documenting litigation of dubious validity, where access to critical authentication records is denied by the Court.  Human Rights Alert called upon the parties to the litigation to release the records and permit the public to ascertain validity, or lack thereof, in the conduct of the litigation. 


Human Rights Alert previously filed a request for investigation and impeachment proceedings against Judge Virginia Phillips – for seizing another case with no valid Assignment Order and conducting pretense litigation in the Court, where invalid minutes, orders and judgment were issued with no attestation by the Clerk of the Court, and where a false and deliberately misleading docket was constructed by the Office of the Clerk of the Court Terry Nafisi. [[ii]]

The docket of Log Cabin Republicans v United States of America et al demonstrated signs of pretense litigation as well:
·        In October 2004, the initial Complaint was filed by the Log Cabin Republicans seeking remedy against the US Government pertaining to its Don’t Ask Don’t Tell policy, pertaining to gays serving in the military.  The Complaint and the Civil Cover Sheet, required for the opening of civil docket are missing from the docket in PACER – the online public access of the Court. 
·        Summons was listed as issued, but no Summons was docketed, in apparent violation of Duties of the Clerk pursuant to Federal Rules of Civil Procedure. 
·        Judge George P. Schiavelli appeared as presiding Judge in the case.  However, no due Assignment Order was found in the docket.  
·        On March 21, 2006, Judge Schiavelli appeared to grant the US’s Motion to Dismiss.
·        On March 22, 2006, Dismissal – Judgment in favor of Defendant, the United States, was entered in the Judgment Index of the Court.  Regardless, the litigation continues to this date.
·        In August 2008, Judge Virginia Phillips first appeared in the case, designated as “Transferee Judge”.  However, no valid Assignment Order was found in the docket.
·        In March 2010, Magistrate Charles F. Eick made his first appearance in the case. However, no Referral Order was found in the docket.
·        On August 12, 2010, Judge Virginia Phillips published a “Judgment” and permanent Injunction against the US Government’s Don’t Ask Don’t Tell policy. However, the Judgment was never entered in the Judgment Index of the Court.
·        On October 20, 2010, an Order was filed on behalf of “O'SCANNLAIN, TROTT, and W. FLETCHER, Circuit Judges” of the US Court of Appeals, 9th Circuit, staying the Injunction at the request of the US Government.  However, the Order was unsigned, and the US District Court filed it with no attestation (NDA – Notice of Docket Activity) by the Clerk of the US Court of Appeals, 9th Circuit.
The US District Court, Central District of California denies access to the NEFs (Notices of Electronic Filing) which, pursuant to General Order 08-02, are deemed by the Court as its electronic authentication/attestation records. [[iii]] Therefore there is no way to ascertain whether any of the minutes, orders, judgments in Log Cabin Republicans v United States of America et al were valid and effectual, or just a pretense.
In cases, which were listed in the request for investigation and impeachment proceedings against Judge Virginia Phillips, Judge John Walter, Magistrate Carla Woehrle, and Clerk of the Court Terry Nafisi, all of the same Court, the Judges and Magistrate appeared with no valid Assignment/Referral Orders and issued minutes, orders, and judgments, which were ‘entered’ in the PACER dockets by the Office of the Clerk.  However, as was eventually discovered, all such judicial records were issued with invalid attestations by the Clerk.
Attorneys for Log Cabin Republicans and United States of America were asked to release the NEFs in the case, which the US Court denies access to, in apparent violation of First Amendment rights.
Media, which extensively reported on the case, were likewise asked to press for the release of the NEFs – public records by law.
__________
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert is focusing on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
__________

OUTLINE

United States District Court, Central District Of California

Log Cabin Republicans v. United States of America et al (2:04-cv-08425)

“Assigned to: Judge Virginia A. Phillips”
“Referred to: Magistrate Judge Charles F. Eick”

Cause Of Action: 28 USC §2201 - Declaratory Judgement, Injunction

04-10-12 Dkt #001 -      Initial complaint [PACER access denied]
04-10-12 Dkt #none -   Initial summons [PACER access denied]
04-10-12 Dkt #none -   Assignment Order to Judge George P. Schiavelli [not found]
04-10-18 Dkt #004 -      Proof of Service of Summons, “Original Summons not returned,” [PACER access denied]
06-03-21 Dkt #024 –     Motion to Dismiss Granted
06-03-22                         Dismissal entered in the Judgment Index of the Court
06-04-28 Dkt #025 -      First Amended Complaint filed by Log Cabin Republicans [PACER access denied]
06-04-28 Dkt #none -   Summons on FAC [Not issued]
06-11-27 Dkt #034 –     Minutes: “Court recently discovered that the case file was destroyed because it was inadvertently marked ‘Closed’ by courthouse staff.”
08-05-23 Dkt #052 -      Minutes: “Order Staying Action in Light of Ninth Circuit’s May 21, 2008 Decision in Witt v. Department of Air Force, et al... further proceedings in this action are STAYED pending the final disposition in Witt.”
08-05-23 Dkt #none – Order Staying Action [None found]
08-07-22 Dkt #057 -      Notice of Appeal filed by Log Cabin Republicans [From no identifiable judgment of appealable order]
08-07-29 Dkt #064 -      CCA 9th: Order from 9th CCA: “…appellant shall move for voluntary dismissal of the appeal or show case why it should not be dismissed for lack of jurisdiction” [Order not signed by Circuit Judges, filed with no attestation by the Clerk of CCA 9th]
08-10-08 Dkt #065 -      Order (#08-078) “approved by Chief Judge Alicemarie H. Stotler”, Case “transferred” to Judge Virginia Phillips – “transferee Judge” [No Assignment Order found]
08-11-06 Dkt #067 -      CCA 9th: Appeal dismissed for lack of jurisdiction [Not signed by Circuit Judges, not attested by Clerk of CCA 9th]
08-12-01 Dkt #069 -      CCA 9th: Mandate on dismissal [Not signed, filed with no attestation by the Clerk of CCA 9th]
10-03-01 Dkt #111-       ORDER by Magistrate Charles F. Eick in re: Discovery
10-07-13 Dkt #216 -      Several days of Court Trial initiated
10-10-12 Dkt #252 -      Judgment and Permanent Injunction [Fails to appear in the Judgment Index of the Court]
10-10-20 Dkt #274 –     CCA 9th: “The court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily…” [Unsigned, filed with no attestation by the Clerk of CCA 9th]
________

LINKS


[i] 10-12-06 Log Cabin Republicans v United States of America et al (2:04-cv-08425) at the US District Court, Central District of California - Don't Ask Don’t Tell - litigation records
http://www.scribd.com/doc/44770093/
[ii] 10-12-05 Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE – for conduct, which undermined Banking Regulation and/or Human Rights in the United States
http://www.scribd.com/doc/44671154/
[iii] 10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE - Request for Investigation, Impeachment Proceedings Where Appropriate
http://www.scribd.com/doc/44669382/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*     "Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/
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