Bank of America Corporation Continues with Its Alleged Deceit in re: Outside Counsel...

Date: Tue, 05 May 2009 00:17:51 -0700
To: "Wertz, Phillip -Legal"
From: joseph zernik
Subject: Bank of America Corporation continues with its alleged deceit in re: Outside Counsel.

May 5, 2009

Mr Wertz:

Below is a recent posting from my blog at:
http://inproperinla.blogspot.com/

For your convenience, you may also refer to the Outside Counsel Procedures of Bank of America Legal Department at:
http://inproperinla.com/08-12-11-boa-outside-counsel-procedures-s.pdf

I would greatly appreciate your comments on this matter.

Joseph Zernik

--------------------------------------------------------

May 4, 2009

To [redacted]:

Below is recent correspondence with Phil Wertz, senior counsel at Bank of America Corporation Legal Department in North Carolina.  There is a large body of credible evidence indicating deceit by BAC in relationship to employment of  Bryan Cave, LLP as an outside Counsel in this case.

Countrywide, now Bank of America, has been appearing at the LA Superior Court for the past two years in the courts of Jacqueline Connor, John Segal, and Terry Friedman under the self designation of "Non Party", while the LA Superior Court designated it interchangeably "Defendant", "Plaintiff", "Cross Defendant", "Intervenor", "Real Parties in Interest" - all with no legal foundation at all. 
In such actions Countrywide had Bryan Cave, LLP appear in court as if it were authorized to represent Countrywide, later Bank of America. However, later, BAC claimed that Bryan Cave, LLP was NEVER authorized to appear in court.  At present, Bryan Cave, LLP refuses to answer any questions regarding the identity of its clients and the nature of its engagements, relative to putative "no communications with Countrywide clauses" and failure to define "attorney in charge".  It is likely that upon discovery and review, it would be deemed that what is taking place is deceit that is repeat of a deceitful scheme relative to employment of outside counsel, used by Countrywide in a Texas Court, rebuked by the Hon Jeff Bohm U.S. Judge in his March 8, 2008 72-page Memorandum Opinion (Borrower: William Parsley; Case # 05-903-74).
Of interest, an opinion was published May 1, 2008 by Prof Erwin Chemerinsky in the LA Times regarding counsel attempting to conceal the identity of his clients.  In his May 1, 2008, opinion, Prof Chemerinsky stated:

In fact, the law of professional responsibility is clear that the identity of a client is generally not deemed confidential.  The law requires that a lawyer keep secret the content of communications with a client, but the identity of a

 client is not regarded as confidential except in the rare case in which disclosing it would inevitably reveal the content of a secret communication. There is nothing in the California Rules of Professional Responsibility, the California Business and Professional Code or the ABA's Model Rules that require that a lawyer keep secret the identity of past or current clients.

Bank of America Corporation is the recipient of privileges that are worth many billions of dollars as part of the Bailout program.  It is difficult to estimate the scope of the benefits to BAC, since they are likely to involve confidential provisions by Bush administration officers that were never disclosed to the public or to U.S. Congress.  Whether such provisions were legally valid or not is immaterial, as long as government officers, even under the Obama administration, are treating such provisions as effectual.

It is likely that the schemes described above, regarding appearance as "Non Party"  and regarding engagement or lack thereof of outside counsel, are related to circumventing regulations - most likely - SEC and Office of Federal Trade Commission regulations.  Of note, these two offices have refused for the past two years to review my complaints regarding Countrywide/BAC.  Not that they claimed that my complaints were false or invalid, they refused to review them in the first place.  Some evidence suggests also false records related to my complaints, at least at Federal Trade Commission, but possibly also at SEC.
The underlying matter involves alleged very large scale fraud and deceit against the U.S. Government in relationship to uniform residential loan application (1003) underwriting.  Neither Countrywide, Angelo  Mozilo, Sandor Samuels, BAC, Kenneth Lewis, Timothy Mayopoulos, nor BAC Audit Committee would answer any questions for the past 2 years regarding the 1003 below and its double "Date Received" stamps.  The one from early October 2004 was defaced, and a second one dated October 12, 2004 was impressed.
The person who is the most knowledgeable witness on this matter, Diane Frazier, former senior Countrywide underwriter in the San Rafael Branch, is intimidated into believing that she is prohibited from discussing the matter.  After I located her in March 2007, and after she willingly provided me with the information explaining the detailed events that led to these double date-received stamps, I received a death threat from a person who explained that Countrywide prohibited me from communicating with Frazier, and that "If you call this number again, I will come down to LA and gun you down."
Subsequently, Bryan Cave, LLP appeared in the court of Judge Jacqueline Connor on July 6, 2007, when the court was dark, off the record, off the calendar, with no clerk present, for a "protective order", which requested to prohibit me from communicating with Diane Frazier, among others.  In their court papers they explained that after I located Diane Frazier, they had to handle me "firmly".

Diane Frazier is available at:

4329 Gloria Ct

Rohnert Park, CA 94928

(707) 586-1479

The matter as a whole must be deemed directly related to [redacted], particularly since it is likely to unveil material deceit by U.S. Officers against U.S. Congress, and specific deficiencies in regulatory agencies that led to the sub-prime heist as we see it today.

Joseph Zernik

Date: Mon, 04 May 2009 19:23:20 -0700
To: "Wertz, Phillip -Legal"
From: joseph zernik
Subject: RE: Please let me know if you would accept summons by certified  mail on behalf of Lewis, Mayopoulos, audit committee and BAC

May 4, 2009

Mr Wertz:

I do not believe that your response would be deemed reasonable for the following reasons:

There never were any prior "instructions to me of this nature".  By phone both you and others repeated multiple times the opposite "instructions" - that Bryan Cave, LLP was NEVER authorized to represent BAC in matters pertaining to me. Moreover, both you and others instructed me by phone that the ONLY one authorized to represent BAC in court in matters related to me was in-house counsel Todd Boock. However, both you and others repeatedly refused to provide any such "instructions" in writing.   Moreover, in our last phone conversation you "instructed" me that you had recently learned that Todd Boock was prohibited from representing BAC in my matter, pursuant to a "protective order".  When I asked if you had seen such a "protective order", or if you could notice me of such "protective order", you hung up the phone.

The language you use below is the first ever in writing.  However, the language you use below may be deemed upon review as part of the deceit as well.  It avoided explicitly stating:

"Jenna Moldawsky and John Amberg of the law-firm of Bryan Cave, LLP, are authorized to represent Bank of America Corporation, Kenneth Lewis, Timothy Mayopoulos, and the Audit Committee in Court". 

Could you or anybody else at BAC please provide such statement in writing?

Obviously, allegations of deceit in employment of outside counsel are part of the matter at hand.  Accordingly, Bryan Cave, LLP is named defendant in the same matter.

Joseph Zernik


At 03:37 PM 5/4/2009, you wrote:

No.  I am not authorized or an appropriate person.  Please direct any of your correspondence to John Amberg or Jenna Moldawsky at Bryan Cave per our earlier instructions to you.
 

**As of July 14, 2008, my telephone number has changed to 980-386-6834.
 

---

From: joseph zernik [mailto:jz12345@earthlink.net]
Sent: Monday, May 04, 2009 4:41 PM
To: Wertz, Phillip -Legal
Subject: Please let me know if you would accept summons by certified mail on behalf of Lewis, Mayopoulos, audit committee and BAC

Thanks for your prompt response.

Joseph Zernik

 Please support our petition: Calling upon President Obama - Free the 10,000 Rampart-FIPs. http://www.thepetitionsite.com/1/restore-justice-in-l-a
Best reference on how they got falsely convicted, and why they are still imprisoned: LAPD Blue Ribbon Report (2006): http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
One reference for our low, conservative estimate of 10,000- PBS Frontline (2001):             http://inproperinla.com/01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf

Joseph Zernik, DMD PhD , Fax:  (801) 998-0917; 

PRESS RELEASE:

Petition in DC Court Alleges Widespread Corruption of the Justice System in Los Angeles, California

By Joseph Zernik
Dated: May 04, 2009 

Widespread corruption of the justice system in Los Angeles, California is alleged, which has been tolerated by FBI and DOJ for at least three decades, resulting in thousands falsely imprisoned for years, and contributing to corruption at Countrywide.

Washington DC -- petition filed in U.S. District Court - "to compel a U.S. Officer to Perform His Duties" (Zernik v Melson et al 1:09-cv-00805), against Director USDOJ - Kenneth Melson, and FBI Assistant Director - Kenneth Kaiser, who are alleged to have provided false and deliberately misleading responses to inquiries by Congress -
Senator Dianne Feinstein and Congresswoman Diane Watson regarding the case of Samaan v Zernik. The petition alleges that the USDOJ and FBI tolerate conditions in LA County, California, that are contrary to civil rights guaranteed in the Amendments and the Universal Declaration of Human Rights.
Drug sales by law enforcement agencies: The petition alleges that such treatment of this county goes back at least to the early 80's and drug sales for profit by CIA in Los Angeles, as part of Iran-Contra. The petition alleges that such corruption continued through the Rampart scandal investigation - cover-up of further drug sales for profit by various law enforcement agencies. The petition calls for investigation of the conduct of Judge Jacqueline Connor in the First Rampart Trial and elsewhere. The petition alleges that such corruption, continues today, as evidenced by the refusal of LAPD narcotics officers to comply with provision of the Consent Decree (2001) that required annual financial disclosures, and support by LAPD Chief of the refusal of the narcotic officers to comply with U.S. Court orders.
Fraudulent case management systems (CMS): The petition alleges that CMSs introduced in LA courts around 1985, at a time that Ronald George, California Chief Justice, was in leadership positions in LA Superior Court, produced by Sustain, a corporation controlled by the Daily Journal - the largest legal newspaper in California - are massive fraud on the people.
The petition alleges that the elimination of the Books of Court and the denial of public access to court records that accompanied these CMSs, as well as the "local custom" of "waiving" service and notice of court orders, combined - set the court system in LA hundreds of years backwards.
Real estate frauds: The petition alleges judges of the LA Superior court engage in real estate frauds as a racket, through the Enterprise Track - cases that in fact are not part of the Superior Court of California, but appear so to naive parties. In both Samaan v Zernik, and Galdjie v Darwish the Clerk of the Court now refuses to certify that the cases were valid cases of the Superior Court, that the judges were duly assigned(none had assignment orders), and that judgments were valid effectual judgments of the Superior Court of California. Both cases involved Judge John Segal and Att David Pasternak, former president of LA County Bar Association as "Receiver" for real properties. The Grant Deed issued by Pasternak in Samaan v Zernik was opined by veteran FBI agent decorated by FBI Director, by U.S. Congress, and by the U.S. attorney general to be ".. frauds being committed...". The petition alleges that search at the LA County Registrar/Recorder office revealed numerous similar grant deeds by Pasternak there, and conditions at that office, which allowed filing of such Grant Deeds, facilitated real estate frauds.
Countrywide: The petition alleges that LA County was noted by FBI as the "epicenter of an epidemic of real estate and mortgage frauds" well before the sub-prime heist was noticed, and that conditions of the justice system in LA County were quintessential for the development of Countrywide into a corrupt organization. The focus of corruption was the conduct of the Legal Department, which was headed at that time by Sandor Samuels. Corrupt legal practices were rebuked in January 2008 in the Pittsburgh Pennsylvania Court, where Countrywide filed "recreated letters" as evidence, and in March 2008 by the Hon Jeff Bohm, U.S. Judge, Houston Texas, relative to deceitful employment of outside counsel. The petition alleges that both of these deceitful techniques are still utilized today, in LA Superior Court, under control of Bank of America.
Bank of America and the Bailout-Merger: The petition alleges that the failure of FBI to find anything in its investigation, while issuing public statements of an intensive investigation of Countrywide - is deceit on the public and on elected officials. The petition alleges that the merger-bailout of Countrywide with Bank of America, where Bank of America is allowed to grow beyond limits previously set, and where Bank of America agreed to take over a corrupt organization, must have been accompanied by some secret promises or understandings. Such promises, legally valid or not, by Bush administration officials, which amounted to de facto immunities for Bank of America from criminal liabilities are the harbinger of much greater danger to the U.S. economy.
All LA Superior Court judges took payments that were "not permitted": The petition alleges payments of about $45,000 per judge per year, to ALL LA Superior Court judges, which were ruled "not permitted" in October 2008, would be called "Bribes" by a lay-person. The petition alleges that such payments were signed by the California Governor in January 2009 into law that is unconstitutional on its face.
False imprisonments: The petition alleges that false imprisonments continue today of 10,000 or more Rampart-FIPs (Falsely Imprisoned Persons), mostly black and Latinos, who were left imprisoned after the massive Rampart-corruption scandal investigation. The petition alleges that Att Richard Fine, former U.S.
Attorney, is falsely and indefinitely imprisoned for contempt since early March 2009, after leading the fight to expose the payment to LA Superior Court judges that were "not permitted". The petition alleges these are disgraces of historic proportions!
###

Email Click to email author

Phone 310 435 9107

Fax 801 998 0916

Address PO Box 526, LV CA 91750

Petition Filed in U.S. Court, Washington DC "To Compel a U.S. Officer to Perform His Duties..."

Benjamin “Bugsy” Siegel.  Shot in 1947 in Beverly Hills. 

What's New?

Washington DC, Friday, May 1, 2009 - petition filed in U.S. District Court for a writ of mandamus - "to compel a U.S. Officer to Perform His Duties" (Zernik v Melson et al 1:09-cv-00805).  The officers in question are Director of U.S. Department of Justice, Kenneth Melson, and Assistant Director of FBI, Kenneth Kaiser, who provided  false and deliberately misleading responses to inquiries from Congress in this case - by Senator Dianne Feinstein and Congresswoman Diane Watson (August-September 2008).

The petition alleges that the U.S. Dept of Justice and FBI tolerate conditions in LA County, California, that are contrary to civil rights guaranteed in the Amendments and also contrary to the Universal Declaration of Human Rights. 

Drug sales for profit by law enforcement agencies - fuel the engine of corruption

The petition alleges that such treatment of this county by federal agencies goes back at least to the early 80's and drug sales for profit by CIA in Los Angeles, as part of Iran-Contra.  That scandal, fully documented in  USDOJ report from December 1987, inevitably involved corruption of the justice system in LA County, both state and local branches of federal agencies.

The petition alleges that such corruption continued through the Rampart scandal investigation, which in fact was cover-up of further drug sales for profit by various law enforcement agencies.  The petition calls for investigation of the conduct of Judge Jacqueline Connor in the First Rampart Trial and elsewhere.

The petition alleges that such corruption, involving drug sales for profit by law enforcement agencies in LA continues even today, as evidenced by the refusal of LAPD narcotics officers to comply with provision of the Consent Decree that required annual financial disclosures, and also by the fact that the LAPD Chief today supports the refusal of the narcotic officers to comply with the Consent Decree.

The petition alleges that the Overseer for civil rights that was appointed during the Bush administration in response to the collapse of the Rampart investigation, was just a fig leaf, as was the case of the Overseer in Guantanamo Bay.

Fraudulent case management systems, and denial of access to public records at the courts - the enabling tools of the rackets
The petition alleges that the case management systems introduced in the civil and criminal courts in LA around 1985, at a time that Ronald George - today Chief Justice of the California Supereme Court, was in leadership positions in the LA Superior Court, and which were produced by Sustain, controlled by the Daily Journal - the largest legal newspaper in California,  are massive fraud on the people.

The petition alleges that the elimination of the Books of Court and the denial of public access to court records that accompanied the introduction of the case management systems, as well as the "local custom" of  "waiving" service and notice by the court of its minute orders, combined - set the court system here some hundreds of years behind standards that are guaranteed in other regions of the U.S.

Real estate frauds - specialty of the LA Judiciary Racket
The petition alleges that judges of the LA Superior court engage in real estate frauds as a racket, through the Enterprise Track - cases that in fact are not part of the Superior Court of California, but appear to naive parties to be so.  Examples are provided from my case, Samaan v Zernik, and from another case, Galdjie v Darwish.  These cases share so many traits, that a reasonable person would conclude that the underlying disputes themselves ("oral modifications of real estate contracts") were entirely fabricated at the invitation of LA Superior court judges, to be looted in the court.  In both cases, the Clerk of the Court today refuses to confirm that the cases were valid cases of the Superior Court, that the judges were duly assigned (none had assignment orders), and that judgments were valid effectual judgments of the Superior Court of California.  Both cases involved  the taking of real property by some of the same judges - e.g. John Segal, and both involved Att David Pasternak, former president of LA County Bar Association as "Receiver" for real properties.  The Grant Deed issued by Pasternak in my case was opined by veteran FBI agent decorated by FBI Director, by U.S> Congress, and by the U.S. attorney general to be ".. frauds being committed...". 

The Petition alleges that search at the LA County Registrar/Recorder office revealed numerous similar grant deeds by Pasternak there, and conditions at that office, which allowed filing of such Grant Deeds, facilitated real estate frauds.

Lawlessness in LA County facilitated the growth of corrupt legal practices at Countrywide
The petition alleges that LA County was established per FBI reports as the "epicenter of an epidemic of real estate and mortgage frauds" well before the sub-prime heist was identified, and that conditions of the justice system in LA County were quintessential for the development of Countrywide into a corrupt organization.  The focus of corruption was the conduct of the Legal Department, which was headed at that time by Sandor Samuels.  Such corrupt legal practices were evidenced in January 2008 in the Pittsburgh Pennsylvania Court, where Countrywide filed "recreated letters" as evidence.  Such corrupt legal practices were evidenced in March 2008 Memorandum Opinion of the Hon Judge Bohm in Houston Texas, relative to deceitful employment of outside counsel.   The petition alleges that both of these deceit techniques, unveiled in 2008 in Pennsylvania and Texas, are still utilized today, in 2009 in LA Superior Court in my case, under control of Bank of America.

Cover-up of the criminal conduct at Countrywide, and corruption of Bank of America through the Bailout, are harbinger of greater dangers to the U.S. economy
The petition alleges that the failure of FBI to find anything in its investigation, while issuing public statements of an intensive investigation of Countrywide - if deceit on the public and on elected officials.

The petition alleges that the merger-bailout of Countrywide with Bank of America, where Bank of America is allowed to grow beyond limits previously set, and where Bank of America agreed to take over a corrupt organization, must have been accompanied by some secret promises or understandings.  Such promises, legally valid or not, by Bush administration officials, which amounted to de facto immunities for Bank of America from criminal liabilities are expressed today in the failure of the FBI investigation of the sub-prime heist, and in refusal of FBI and SEC to investigate obvious material violations of the law by Countrywide in my case.

The petition alleges that the false and deliberately misleading responses by Assistant Director Kaiser, FBI, and Director Melson, USDOJ to the Hon Congresswoman Watson and Senator Feinstein were part of such cover-up by FBI and USDOJ.

The petition alleges that merger-bailout of Countrywide and Bank of America therefore is the harbinger of much greater danger to the U.S. economy.  First signs which are evidence of corruption of Bank of America - the absolute refusal of BAC Audit Committee to even acknowledge receipt of complaints per Sarbanes Oxley Act (2002) filed by me regarding the conduct of Countrywide and Bank of America at the LA Superior Court.

In January 2009, corruption of ALL LA Superior court judges was signed into law that is unconstitutional on its face
The petition alleges that payments to ALL LA Superior Court judges, at ~$45,000 per judge per year, that were ruled "not permitted" in October 2008, would be called "Bribes" by  a lay-person. 

The petition alleges that such payments were signed by the California Governor in January 2009 into law that is unconstitutional on its face.

False imprisonments at LA County are human rights disgrace of historic proportions
The petition alleges that false imprisonments continue today of 10,000 or more Rampart-FIPs (Falsely Imprisoned Persons), mostly black and Latinos, who were left imprisoned after the massive Rampart-corruption scandal investigation.

The petition alleges that Att Richard Fine, former U.S. Attorney, is falsely indefinitely imprisoned for contempt since early March 2009, after leading the fight to expose the payment to LA Superior Court judges that were "not permitted".

Joseph Zernik

Following is the abstract appearing on the face page of my filing in the U.S. Court in Washington DC on May 1, 2009:

PETITION FOR WRIT OF MANDAMUS

PLAINTIFF ALLEGES SEVERE ABUSE OF HIS CIVIL RIGHTS, AND REFUSAL OF U.S. OFFICERS TO PERFORM THEIR DUTIES. PLAINTIFF WAS FORCED OUT OF HIS HOME UNDER THE THREAT OF FORCE AND HAD HIS PROPERTY TAKEN FOR PRIVATE USE WITH NO COMPENSATION AT ALL UNDER THE COLOR OF LAW. VETERAN FBI AGENT. DECORATED BY U.S. CONGRESS. BY FBI DIRECTOR, AND BY US. ATTORNEY GENERAL OPINED: "..FRAUDS BEING COMMITTED.. ,," PLAINTIFF ALSO HAD THREE (3) GAG ORDERS IMPOSED, THROUGH EX PARTE PROCEDURES TO BENEFIT LARGE CORPORATIONS, AND ALLEGEDLY FRAUDULENT JUDGMENTS OF CONTEMPT AND SERIOUS SANCTIONS EXCEEDING $30,000 IMPOSED,
PLAINTIFF WAS ALSO FALSELY THREATENED WITH JAIL, IN LOS ANGELES COUNTY, CA. WHERE  MANY ARE FALSELY IMPRISONED: THE RAMPART-FIPS - ESTIMATED AT 10,000 OR MORE PER PBS 'FRONTLINE' BROADCAST (2001), MOSTLY BLACK AND LATINO. THEY WERE LEFT FALSELY IMPRISONED A DECADE AFTER THE MASSIVE RAMPART CORRUPTION INVESTIGATION (1998-2000) ENDED ALBEIT - WITH NO REPORT EVER BEING WRITTEN... ATTORNEY RICHARD FINE - A FORMER U.S. ATTORNEY LED THE FIGHT AGAINST PAYMENTS TO ALL LA SUPERIOR COURT JUDGES AT $45,000 PER YEAR, PER JUDGE. THAT WOULD BE NAMED BY A LAYPERS0N "BRIBES," AND WERE RULED IN OCTOBER 2008 "NOT PERMITTED," HE IS NOW INDEFINITELY JAILED FOR CONTEMPT, UNDER CONDITIONS THAT ARE REPORTED TO BE UNREASONABLE.
FOR TWO YEARS FBI AND USDOJ REFUSE TO PERFORM THEIR DUTIES AND GUARANTEE PL1YS EQUAL PROTECTION AGAINST SEVERE ABUSE OF HIS CIVIL RIGHTS UNDER THE COLOR OF LAW.  MOREOVER, WITH OVERWHELMING EVIDENCE OF LONG-TERM, WIDESPREAD CORRUPTION. USDOJ SECTION OF PUBLIC INTEGRITY SHOWS NO INDICTMENTS AND NO PROSECUTIONS IN LA IN THE PAST 25 YEARS!
UNDERLYING MA MATTER IS ALLEGED RICO AND FALSE CLAIMS AGAINST U.S. GOVERNMENT BY COUNTRYWIDE. NOW WHOLLY OWNED BY BAC. FRAUDS ALLEGED IN MY CASE BY COUNTRYWIDE ARE REPEATS OF THOSE REBUKED BY THE HON. U.S. JUDGE BOHM IN TEXAS MARCH 2008. AND IN PITTSBURGH PENN COURT IN JAN 2008. 
IN RESPONSE TO INQUIRIES BY THE HONORABLE SENATOR FEINSTEIN & CONGRESSWOMAN WATSON IN MY CASE, FBI & USDOJ PROVIDED FALSE AND DELIBERATELY MISLEADING RESPONSES TO U.S. CONGRESS.
DAMAGES SOUGHT IN SUM TO BE DETERMINED, AND ALSO AWARD PER CIVIL RICO AND FALSE CLAIMS ACT.

Joseph Zernik

Please support our petition: Calling upon President Obama - Free the 10,000 Rampart-FIPs. http://www.thepetitionsite.com/1/restore-justice-in-l-a
Best reference on how they got falsely convicted, and why they are still imprisoned: LAPD Blue Ribbon Report (2006): http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
One reference for our low, conservative estimate of 10,000- PBS Frontline (2001):                                        

http://inproperinla.com/01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf

Joseph Zernik, DMD PhD , Fax:  (801) 998-0917; 
 

ALLEGATIONS OF DISHONEST MANIPULATIONS OF THE COMPUTERIZED CASE MANAGEMENT SYSTEM "PACER" IN THE U.S. DISTRICT COURT IN LOS ANGELES -- FROM THE PETITION

The petition also quotes an email to Att Coleman, Stanford University, which alleges dishonest manipulations of the case management system of the U.S. District Court, Los Angeles, "Pacer", by Magistrate Carla Woehrle, both in Zernik v Connor et al, and also in cases involving Att Richard Fine. The petition also requests FBI investigation into the conduct of Magistrate Carla Woehrle:

RE: Rule-making by U.S. Courts in LA County -  restriction of public access to the courts and abuse of First Amendment rights - seeking your opinion

Att Coleman:

I noticed your publication regarding deficiencies in the federal rule making process, resulting in restricted public access to the courts, and the proposals you have made for corrective actions.  I would like to bring to your attention a specific type of Rule making, hoping that you would find interest in it and provide formal legal opinion, which would greatly facilitate debate in this matter. 

I fully agree with your opinion that the matter must be reviewed by Congress, and I further believe, as detailed below, that there is some urgency in this matter.

Please feel free to call or email.




Joseph Zernik
Los Angeles


A. CASE MANAGEMENT SYSTEMS AND THE COURTS

1) U.S. District Court LA - Pacer
The failure to recognize case management systems as Rules of Court results in restriction of access to the courts and first amendment rights, as shown below in examples from the operation of Pacer at the U.S. District Court, Los Angeles in Zernik v Connor et al.  I was waiting for several months for the dismissal of this non-action.  Judgment was entered a couple of days ago.  I do not plan on appealing, but I believe that upon review it must be deemed a "void not voidable" judgment for reasons directly related the matter under discussion - rules of court.

2) U.S. Court of Appeal, 9th Circuit 
I had some experience also with docketing at the 9th Circuit, which I found deficient, but the experience was minimal, and insufficient for reaching conclusions.

3) LA Superior Court 
I will separately write a short review of my findings regarding conditions at the State Court - LA Superior Court, which are incomparably worse, and require urgent Federal intervention.

4) California Court of Appeal (particularly 2nd District) 
Core issues require urgent Federal intervention, and are directly related to the ties between this Court and the LA Superior Court. 


B. THOSE I HOPE WOULD PROVIDE INPUT

1) Prof Erwin Chemerinsky & Prof Joseph Grundfest -
Legal authorities and civic leaders, who are California residents.  I greatly appreciate their wisdom, and I hope that they would contribute to this debate in a manner that they see fit.  As noted below, the Rules of Court are just the surface manifestation of the much deeper, continuous crisis of the LA Justice System, which appears to be coming to its periodic boil at this time.

2) TARP-IG Barofsky, and TARP-Oversight Panel Members - Att Damon Silvers & Prof Elizabeth Warren -
Surely they recognized that LA County was key in the development of the sub-prime scandal.  Even before the  scandal reached that level, FBI reports defined LA County as "the epicenter of an epidemic of real estate and mortgage frauds that are a high national priority to fight".  Likewise, LA County is key to understanding the causes of the scandal, and for setting corrective measures and safeguards to prevent its recurrence.  The direct link of the subject at hand to the sub prime scandal is also reflected by the fact that Countrywide was involved in court events that generated the experiences described below. The way its appearances were or were not listed in the dockets is a key issue as well.  More alarming is the fact that  as a direct outcome of the tax payer sponsored merger-bailout, it appears that Bank of America is acquiring court practices that are in violation of the law, and is gaining its primary training in this regard on location - at the LA Superior Court!

3) U.S. Congress - Judiciary Committees
Eventually the matter should come before the judiciary committees.  The proposals listed below,  your input, and the input of others, we hope demonstrate to Congress the need for action, and also the proposed actions to take.

C. WORKING HYPOTHESIS IN RE SUB-PRIME SCANDAL & BAILOUT

Genesis of the scandal:

The sub-prime scandal in its essence reflects criminal conduct.  
While Enron was about accounting and auditing practices and the exploitation of Deregulation, the sub-prime scandal, dwarfing Enron in its costs and long term impact, is about the practice of law, the collapse of the LA County justice system over a decade ago, and the neglect of U.S. Government and U.S. agencies in the past decade to address the issue.  Legal practices that were brewed in LA County provided the blueprints for "streamlining" of courts and regulators everywhere.  Beyond financial recklessness, Countrywide facilitated corruption of the courts in LA.

Accordingly, in charting the course of correction:

1.  Procedures used in the aftermath of the Enron scandal to establish corrective measures should be subjected to outcome evaluation, and accordingly either emulated or rejected.

2.  Restoring the integrity of LA County justice system, is a prerequisite for restoring trust -- both at home and abroad -- in the integrity of financial institutions, financial markets, corporate reporting, real estate markets, and their derivatives.


D. MANIFESTATIONS OF THE COLLAPSE OF THE LA JUSTICE SYSTEM

1. Ongoing wrongful incarceration of the 10,000 Rampart-FIPs 10 years after the false convictions and false sentencing were discovered.

2. The disbarment of Att Richard Fine.

3. Indefinite wrongful incarceration of Attorney Richard Fine - a political prisoner in LA County, California.  He is nearing the end of his second month in jail, part of extreme campaign of retaliation, harassment, and intimidation against a former U.S. Attorney, who exposed judicial corruption.
http://inproperinla.com/09-03-04-full-disclosure-network-att-richard-fine-jailed-in-attempt-to-disqualify-la-judge.pdf
http://inproperinla.com/09-04-21-richard-fine-inmate-information-center-%20booking-details.pdf

4. Ruling in October 2008 that all judges of LA Superior Court took  payments of $45,000 per year that were "not permitted" - "BRIBES" in lay person's language.
http://inproperinla.com/08-10-10-appellate-ruling-judges-of-sup-court-la-received-illegal-payments-s.pdf

5.  Inadequate response to the discovery of the "bribes" - through actions that are in violation of the law, and failure to even suggest the reversal of any of the biased judgments.

6.  Failure of the U.S. Overseer of Civil Rights to accomplish his mission, and apparent refusal of the LAPD to comply with provisions of the Consent Decree in U.S. Government v City of LA, LAPD, et al. (2:2000cv11769).

7. Denial of First Amendment and Common Law rights to access court records to inspect and to copy for the past 25 years.

8. Opinion letter of veteran FBI  agent James Wedick, decorated by U.S. Congress, FBI Director, and U.S. Attorney General - Real estate "frauds are being committed" by the  LA Superior Court in collusion with Countrywide, now  BAC, on the one hand, and large law firms - Bryan Cave, LLP and Sheppard Mullin, and the former President of the LA Bar Association - David Pasternak.
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf
http://inproperinla.com/07-12-17-wedick.memo.notarized.deeds.zernik.2009.02.05-s.pdf

9. Alleged operation of an Enterprise Track by the LA Superior Court - noted again in recent days through the case of Sharon Stone.
http://inproperinla.com/00-00-00-la-sup-ct-index-of-all-cases-stone-sharon-april-24-2009-case-sealed.pdf


E.  OPERATION OF PACER AT THE U.S. DISTRICT COURTS, LOS ANGELES

1. General

Below are examples of abuse of Pacer by U.S. District Court, Los Angeles, Court of Magistrate Carla Woehrle.  The case Zernik v Connor et al 2:2008cv01550 can serve as a text book of such manipulations.  The docket shows Magistrate Carla Woehrle and her clerk indefatigably employing first beginner's, then advanced techniques for compromising docketing in Pacer.

My typical response was to document the conduct by filing notice of it.  In one instance - I also filed a complaint with the FBI, and notice of the complaint to FBI into the Pacer docket.

2. Why was it necessary?

Zernik v Connor et al 2:2008cv01550.   Complaint for abuse of civil rights under the color of law, was filed on March 5, 2008.   Litigation  was abandoned by me (Plaintiff - Joseph Zernik) as an abusive, sham, proceedings at the U.S. District Court, Los Angeles around August 2008, and complaint was finally dismissed by Judge Virginia Phillips only a few days ago. 

In reading the sequence of dishonest manipulations of the Pacer docket at the U.S. District Court, LA, the question must come up:

Why was it necessary?

Pro se Plaintiff is an orthodontist.  

Pitted against him were some 10 judges of the LA Superior Court, Countrywide, Angelo Mozilo, Sandor Samuels,  Bryan Cave, LLP - a giant law firm, Buchalter Nemer, David Pasternak -  former President of the LA County Bar Association, etc.

The reason is that  Plaintiff caught the judges of the LA Superior Court in real estate fraud - racketeering from the bench.  There was no question that the U.S. District Court would protect the judges, who were in a precarious position: 
The case was of the Enterprise Track, so none of them had an assignment order, and none of them had any judicial authority, and none of them had any immunity!  In short - they were caught engaged in alleged criminal conduct with no immunity at all.

For such reasons, it was insufficient that the U.S. District Court would dismiss the complaint, it was essential that Plaintiff would not be able to file any evidence. It was extremely undesirable for such records to be permanently on Pacer.  Surely the Judges of the LA Superior Court wished that the U.S. District Court could offer them the Sharon Stone option....

3.  Is this the only case of this kind?

If the question is regarding real estate frauds by the LA Superior Court judiciary, the question is surely not!  We have identified at least one case that is a perfect match - Galdjie v Darwish ( SC052737). The LA Superior Court refused to allow me to inspect the records, but I finally located the Defendant, and had a chance to review her records.  John Segal and David Pasternak are in key positions in that case as well.

I separately conducted a search in the office of registrar/recorder, and retrieved from there copies of numerous grant deeds by David Pasternak with features similar to the one that James Wedick opined was a fraud.

If the question is regarding the conduct of Magistrate Woehrle seen in this case, the answer is that it is not unique either.  Attorney Richard Fine is now indefinitely incarcerated, after he was instrumental in exposing the bribes taken by ALL judges of the LA Superior Court. Conditions in LA County are such, that media do not report on his case.   He was allowed no visitors for a while, and not even pencil and paper.  He therefore had to dictate by phone a Petition for a Writ of Habeas Corpus.   The Petition was referred to Magistrate Woehrle as well.  Those more experienced than me say that the delay in adjudicating the petition is unusual.
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-doc-1-habeas-corpus-petition.pdf
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-doc-1-p2-habeas-corpus-petition.pdf
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-doc-1-p3-habeas-corpus-petition.pdf
http://inproperinla.com/00-00-00-us-dist-ct-la-fine-v-la-county-sheriff-doc-1-p4-habeas-corpus-petition.pdf

Prior to that, retaliation of the LA Superior Court judges involved disbarment of Attorney Richard Fine, a former U.S. Attorney, about 70 years old, on charges of "Moral Turpitude", where moral turpitude was filing complaints against LA Superior Court judges.
Att Fine challenged the disbarment in U.S. District Court, and the case was referred to - Magistrate Woehrle.

What is most noticeable in all cases is the abuse of "Clerical Errors".  The "Filed"  stamp on Attorney Richard Fine's  Habeas Corpus is clearly adulterated by hand.  In addition, it appears that "Clerical Errors"  have been used to conceal the recusals of judges in the case of Attorney Fine.
2:09-cv-01914
2:08-cv-02906

4. The general sequence of abuses in docketing was as follows-

1. At the beginning of litigation I filed a request for electronic filing, and specifically expressed my concern that demanding costly and time consuming paper filing from pro se only, and subjecting him to arbitrary conduct of the clerks, was unreasonable.  Request was denied.  The U.S. District Court in Los Angeles, would not allow pro se litigant to filed electronically, while the U.S. District Court in DC would allow such filing, provided that the pro se litigant took the necessary class and passed it.   I hold that the rule of the Los Angeles court is in violation of constitutional rights. Furthermore, I am of the opinion that it was used as a tool to abuse a pro se litigant (see below).

2. Manipulations of the docket started in Pacer started on day 1. The clerk refused to sign valid summons that I presented to him, and insisted on creating his own (which later I found was defective) - all in violation of rules of court.
http://inproperinla.com/08-03-05-us-dist-ct-la-doc-no1-summons-as-issued-by-clerk.pdf
When I tried to correct the defect - again the clerk refused to sign the valid summons.

3. The clerk then docketed the defective summons under the complaint, so that it would hardly be noticed.   In other U.S. courts it is my impression that the summons are docketed in the second slot.  Regardless - the docketing of Summons in Pacer should be consistent, and set by rule, given the central significance of that paper in the litigation,  and not be subject to manipulation.

4.  Later, Minute Orders of Magistrate Woehrle were inexplicably delayed between filing and entry.  Such delays were most harmful to me, since Woehrle also interpreted the rules that the court was barred from emailing notices to me, as it did to all other parties. Therefore, delayed entry + mailing, created a significant handicap.  I believe that anytime that Minute Order is not entered upon filing in Pacer, the judge should be required to justify the delay.

5.  Conversely - all other parties filed their papers electronically, but I was required to appear in person in the clerks office, where they would keep me typically for 30-60 minutes.  And after that - you may notice that some of my papers, but none of any other party, were delayed in entry at times over a month.

6.  Later - my papers were artificially delayed in entry, presumably by adding some attachment, for no reason at all.  I filed my protest on that in a case involving  a critical ex parte application for leave to file first amended complaint.  The effect could have easily been killing the litigation by claiming that the Magistrate was not aware of the ex parte, and blaming plaintiff for a last minute filing (but in this case it was a stillborn litigation anyway).  Simple review of the sequence of the ordinal numbers of the records in this case shows  that some dishonest manipulation was underway.

                The U.S. District Court and Pacer should be given credit for this! 

This writer considers the ordinal numbering of records the quintessential feature of a "Register of Actions" - as is clearly implied in the name.   Pacer is unique in its honesty on this account.
a, Ventura County- documents can be entered and removed.
b. LA Superior Court - no numbering at all - free for all.
c. Cal Court of Appeal - the online "Docket" has no numbering, but it is not the real docket either, the court uses the double books system.

7.  Later - my papers including evidence that was undesirable, were hidden under unrelated tags of other papers ( See #52, 56, & 58).

8.  When I protested this latest dishonesty - Magistrate Woehrle issued the June 6, 2008 Minute Order(Doc #63), where she reinvented docketing - any documents that I would file on the same day, would have the same face page, regarding of their content.  Preventing such abusive ad-hoc creative rules, is the reason that the case management system must be formalized as Rules of Court.
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-63-08-06-06-minute-order-docketing-etc.pdf

9. To mark the 4th of July, 2008, I sent a request to about 30 members of U.S. Congress, to "Open the Book of Judgments of LA County... Bring LA back into the fold of the U.S. Constitution..." I consider the denial of public access to the court's public records for the past quarter century, which started concomitantly with the installation of the case management systems at the LA superior court (but failing to treat them as Rules of Court) as the key to the regression of the LA justice system to some patterns of conduct of earlier centuries.  I believe that the most cost effective approach to the problem is through restoration of First Amendment and Common Law rights affirmed by the U.S. Supreme Court in Nixon v Warner Communications, Inc.
I have made numerous requests to that effect to the US Department of Justice under the previous administration, but was routinely denied.  Nevertheless, I believe that such decision must be reversed, since such U.S. officers had and have no administrative discretion in this matter.

The paper was about 150 page compilation reflecting conditions of the public records in LA County.  Coming from LA, the face page was decorated with images of Jefferson, palm trees, and the ocean waves.   I tried to file it as a record in Zernik v Connor et al, since it addressed some related core issues.  Magistrate Woehrle ruled to deny its filing, and ordered me to notice her ruling.
This was in fact, in my opinion the only one out of some 20 discrepancy notices that was processed in compliance with the law (Doc #81):
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-81-docketed-discrepancy-notice-for-request-for-congressional-action.pdf

10. I first filed a motion for reconsideration, Then eagerly complied with the order to notice the ruling denying filing.

11. However, Magistrate Woehrle was obviously unhappy  with the notice of ruling... that is why she preferred the perverted discrepancy procedures. The true valid procedure makes permanent record of the ruling.  She wanted none of that.
Plaintiff's Notice of Ruling of the Denial of Filing on the July 4th message: "Open the Book of Judgment of LA County... Bring back LA into the fold of the U.S. Constitution..."  was docketed in Pacer.  However, the record was docketed with no Pacer header security imprint (Doc #87-1).
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-87-1-missing-pacer-security-header-imprint-08-08-08.pdf

12. At that point, I considered that manipulation of Pacer operations to be on the criminal side, and reported it to FBI, with copy for the docket.

13.  The Notice of Complaint to FBI of obstruction of justice through Pacer (Doc #88), was initially targeted for discrepancy, but later recovered and docketed.  That reversal of ruling in and of itself is a perverted procedure as well.  The bottom line was that all papers were deemed in discrepancy and disappeared with not record at all.  Later, Magistrate Woehrle could pick and choose and recover some of them.
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-88-1-plaintiff-complaint-to-fbi-on-perversion-in-pacer.pdf

14.  Under the notice to FBI, another record was hidden, which remains unknown... there is no way to identify it at all:
This was a volume of some 500 pages describing the various frauds in the conduct of David Pasternak, including real estate fraud on behalf of the court, per James Wedick opinion letter.
Here is the volume missing from Pacer:
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-exh-vol-v-pasternak08-06-02.pdf


15. I deemed the denial of my right, as Plaintiff,  to file papers in court,  as abuse of my constitutional rights, and accordingly I filed several protests and requests ( Doc #85) for honest docketing (denied -Doc #86).
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-85-ex-parte-req-honest-docketing.pdf
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-86-minute-order-deny-req-for-honest-docketing.pdf

16. Eventually, I filed statement of disqualification for a cause of Magistrate Woehrle (Doc #89), where the abuse of First Amendment rights was the primary cause.
http://inproperinla.com/00-00-00-us-dist-ct-la-zernik-v-connor-doc-89-ex-disqualification-for-a-cause-magistrate-woehrle.pdf

17. Please notice on the face page, that the Statement of Disqualification for a Cause was also initially targeted for "Discrepancy", but was later recovered.

18. Although I abandoned this process in summer 2008, while my opposition to motion to dismiss was due, no ruling was made in this case for some 8 months.   When I realized that the dismissal is imminent, I filed Doc #105 "Notice of Allegedly Perverted Discrepancy Notices", so that there would be in the docket some record of the numerous papers that disappeared with no record at all.
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

19. Regarding the docketing of the latter (Doc #105), it did not escape its own manipulation - please notice the difference between the paper as docketed, where the Proposed Order, which I deliberately included as an attachment, was removed:
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
For comparison, I posted online the paper as filed in court, with the Proposed Order included:
http://inproperinla.com/.0Heading-103-us-dist-ct-la-perverted-use-of-discrapancy-notices-with-proposed-order.pdf

One can argue that proposed orders should not be included with the document, but the rule must be consistent. The other parties who were filing electronically included proposed orders in their papers as attachment.  I was not permitted to do so. 

The issue was of significance to me in this particular paper, since I was trying to press Magistrate Woehrle to rule on the matter - my request for incorporation of her perverted  discrepancy notices.  And obviously, she was not fond of the idea.

The Proposed Order was deliberately bound into the paper, in front of the POS. The clerk  had to take the paper apart and remove these pages.


F.  PROPOSED TAKE HOME LESSONS

1.  The rules of operating such system must be handled pursuant to the Rule Making Enabling Act.

2.  Such systems should have been presented for public comment and challenge prior to their introduction into use, just like rules published on paper. 

3. Once such system is introduced, individual judges must not hold the authority to change the rules of operation of the system at will, the same way that they are not allowed to change the Rules of Court at will.

4.  Rules of Court setting the way of docketing proposed orders in Pacer must put this issue to rest.  My opinion is that Proposed orders must be part of the docket.

5.  Rules of Court must also explicitly say under what conditions a clerk is allowed to remove pages from litigant paper in the process of scanning it into Pacer. 


F. PROPOSALS FOR GOVERNMENT ACTIONS

1.  Enforcement  of the Rule Making Enabling Act relative to case management systems
The one-page proposal linked below, was submitted to the House and Senate Judiciary Committees committee with the hope of generating debate. 
http://inproperinla.com/.0Heading-201-conclusions-computers&courts-concerns&legistlative-proposal-s.pdf

2. Restoration of First Amendment and common Law rights of the 10 millions residents of LA County
Residents of LA County have been denied such rights for the past quarter century.  We believe that such a simple measure would bring about  a major positive change in the justice system of LA County, including release of the Rampart FIPs.
http://inproperinla.com/08-10-10-reply-modified-request-for-special-counsel-fbi-&-doj-as-filed-s.pdf

 

Urgent request for human rights monitoring in Los Angeles

Date: Fri, 24 Apr 2009 14:17:39 -0700

To: [congress-list] [human rights list]

Cc: ldutton@fulldisclosure.net

April 24, 2009

To U.S. Congress Senior Legislative Staff and international human rights
organizations:

RE: LA County Superior Court-   ongoing indefinite incarceration
of Att Richard Fine - a political prisoner - and numerous violations of the Universal Declaration of Human Rights.

A. Att Fine led efforts to expose payments, in lay language -
"bribes", to LA Superior Court judges

Att Richard Fine, former Federal Prosecutor, was one of the leaders of the
efforts to expose payments by LA County to LA Superior Court judges of about
$45,000 per judge per year.  Such payments were ruled by court "not
permitted" (Oct 2008).  Judges of the LA Superior Court never disclosed to parties in cases involving LA County of such payments, but for some years where data were analyzed - they never issued judgment by court against LA County.  In lay person's  language  - bribes - organized, systemic, long-term.
http://inproperinla.com/08-10-10-cal-ct-app-4th-dist-la-county-judges-payments-not-permitted.pdf

B. LA Superior Court is in the midst of retaliation, harassment and intimidation of a victim, informant & witness

To this date, Att  Richard Fine continues to be the target of severe retaliation. He was disbared on charged of "moral turpitude" through a dubious administrative procedure of the California State Bar Association.  The substance of the "Moral Turpitude" in this case was filing complaints on behalf of his clients against judges of the LA Superior Court.

On March 4, 2009, Attorney Fine was indefinitely incarcerated for contempt.  Attached is his Inmate Information from the LA Sheriff's Department:

Booking #1824367; Charge Level: 0 (other); Visitor Status: N; Facility: Men's
Central Jail; Total Bail Amount: NO BAIL; Next Court Code: [left blank-jz]; Next Court Date: [left blank-jz];
"RELEASE: No Information On Release Date"
http://inproperinla.com/09-04-21-richard-fine-inmate-information-center-%20booking-details.pdf 

I also believe the following information to be true and correct:

·        It appears confirmed that the court tried to coerce Mr Fine to abandon his pro se status and accept counsel.

·        It appears confirmed that Mr Fine was held in isolation, and for a long time incommunicado.

·        It appears confirmed that Mr Fine was denied the access or use of any pencil or paper.

·        It appears confirmed that under such conditions, Mr Fine filed a federal habeas corpus by phone, dictated to some unknown volunteer, and filed unsigned. 

C. Major media outlets fail their duty to the public in consistently avoiding reporting this story

The subject remains conspicuously under-reported by the large media outlets
in LA County.  With it, such media are abdicating their duties to the
public.  I find the only reliable resource to be:

Leslie Dutton

Producer/Host

Full Disclosure Network

310-822-4449

ldutton@fulldisclosure.net

Others, online and on the ground, distribute false information on this matter. 
Yesterday, online and on the ground, unconfirmed, unreliable news were
circulated - that the habeas corpus was denied, but such news appear to be
dysinformation.  Instead, it appears that the Habeas Corpus is treated
with unusual delays.

Online post by Full Disclosure Network, dated April 8, 2009, should be
corrected to note that Carla Woehrle is NOT a "JUDGE".  She is a Magistrate. 

http://inproperinla.com/09-04-08-full-disclosure-network-on-richard-fine-habeas-corpus.pdf

I doubt that Mr Fine, had he been allowed the use writing tools, and had he
been allowed to regularly accept visitors, who could routinely and reliably
inform him and transfer his signed papers to court, would have ever agree to
such a referral.

D.  Alleged misconduct of Magistrate Carla Woehrle in Zernik v Connor
et al - another case alleging corruption of LA Superior Court judges

The referral to Magistrate Carla Woehrle should be of particular concern
and may not be the result of random assignment at all.  Another case was
delegated to her last year - Zernik v Connor et al (2:2008cv01550),
which was also directly related to allegations of corruption by LA Superior
Court judges.  The complaint in Zernik v Connor et al was per 42 USC 1983
- civil action for deprivation of rights under the color of law.  It
alleges that a group of LA Superior Court judges, led by Jacqueline Connor were
caught engaged in real estate fraud.  The judges involved in Zernik v
Connor et al presided with no assignment orders, in a case that was part of the
Enterprise Track of the LA Superior Court.  They took real property
for private use with no compensation at all, with no legal foundation, with no
legal authority, and with no judicial immunity either. 
http://inproperinla.com/08-05-22-us-dist-ct-la-doc-62-first-amended-complaint-s.pdf

Jacqueline Connor is best remembered for her performance in derailing the First
Rampart Trial (2000).

The Clerk/Executive Officer of the LA Superior Court refuses to certify that
the case is a valid case of the California Superior Court, that Terry Friedman,
who now holds the "file" is a duly assigned judge in such case, and that the judgment issued by Jacqueline Connor was an entered, effectual judgment of the California Superior Court.  But through such deception, I was forced to leave my home under the threat of force, my property was taken for private use with no compensation at all, I had two allegedly fraudulent judgments for contempt issued against me, and I was threatened with jailing.  I was also subjected to death threats.

Magistrate Woehrle's alleged willful misconduct in that case can be reviewed
through the Pacer docket. 

http://inproperinla.com/09-04-15-us-dist-ct-la-docket-zernik-v-connor-et-al-s.pdf

However - the docket itself is part of the evidence of alleged misconduct, as
described in my Statement  for Disqualification for a Cause of Magistrate
Woehrle (doc #89). The conduct of both Judge Phillips and Magistrate Woehrle in
re: Disqualification for a Cause of Magistrate Woehrle was dubious as well.

http://inproperinla.com/08-07-22-us-dist-ct-doc89-disqualify-magistrate-woehrle.pdf

The alleged misconduct by Magistrate Carla Woehrle, in denying me the right to
file papers in court, with the full knowledge of Judge Virginia Phillips, is
further reflected in my recent (April 7, 2009) Notice of Perverted Discrepancy
Notices. The court failed so far to docket that paper, which documents most,
but not all, other papers that were previously omitted from the docket.

http://inproperinla.com/09-04-07-us-district-ct-la-notice-of-alleged-perverted-discrepancy-notices-s.pdf

With such track record, Att Richard Fine should never consent to the delegation
of his habeas corpus to Magistrate Woehrle.

E.  Abandonment of the human rights of Los Angeles County residents by
U.S. Government

U.S. Department of Justice and FBI were repeatedly requested to investigate
the widespread corruption of the courts in Los Angeles, California.  Conditions
here amount to wholesale abuse of the civil rights of all 10 million residents
of the county, who for a quarter century have been denied access to fair
tribunals and  also denied access to public records - the court records in
its computerized case management systems, to inspect and to copy.

Last year the request was very specific - to enforce public access to public
records - to inspect and to copy court records, denied even to party in
litigation.   Last year, in response to congressional inquiry by the
Honorable Diane Watson, Congresswoman, and the Honorable Dianne Feinstein,
Senator, FBI and USDOJ provided U.S. Congress false and deliberately misleading
responses.  Such responses were by Mr Kenneth Kaiser, Assistant Director,
FBI, and Mr Kenneth Melson, Director, Office of the U.S. General Counsel. 
Both continue to hold their positions under the Obama administration to this
date.

http://inproperinla.com/08-09-08-congressional-assistance-s.pdf

Such conditions resulted from the trading by U.S. Government officers, with no
authority at all, of the human rights of residents of LA County, California for
weapons, for drugs, and for cash for over a quarter century. 

http://inproperinla.com/09-04-24-brief-history-la-county-justice-system-s.pdf

The result is a disgrace of historic proportions, best evidence by the
continued incarceration of the 10,000 Rampart-FIPs, mostly black and latinos, a
decade after the large scale Rampart investigation concluded that they were
framed, and such conclusions were re-affirmed by 4 subsequent panels.

http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf

http://inproperinla.com/01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf

F.  Urgent call for international monitoring of the case of political
prisoner Att Richard I Fine

Conditions as a whole reached level of abuse that requires monitoring by
international human rights organizations.  This message is accordingly
forwarded to international human rights organization with an urgent request to
send official representatives to Los Angeles, California to monitor the conduct
of the U.S. and California Justice systems in the treatment of political
prisoner Attorney Richard I Fine.



Joseph Zernik

Los Angeles County, California
Please support our petition: Calling upon President Obama - Free the 10,000 Rampart-FIPs.

http://www.thepetitionsite.com/1/restore-justice-in-l-a

Best reference on how they got falsely convicted,

and why they are still imprisoned: LAPD Blue Ribbon Report (2006):

http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf

One reference for our low, conservative estimate
of 10,000- PBS Frontline
(2001):                                                             

http://inproperinla.com/01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf

Joseph Zernik, DMD PhD