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Posted by: Pierre Pullins | December 4, 2009 09:34 AM
9/21/09
Further Acts of retaliation by the City of Abilene and Judicial System Since 2/12/2009
I spoke with municipal court bailiff about why there is no discovery for Rehyah, my son who I represent as a juvenile, my son is represented by me Sui Juris and I said so in my request for Rehyah’s trial on disorderly conduct. he told me that it had to be an attorney to request discovery. He also said that in Texas, the police had the right to falsify an affidavit and change it any way they want to. And that a petition charging Rehyah with the penal code violation of disorderly conduct is not necessary
The bailiff also stated they had not received my request for discovery on the contributing to truancy charge although I have a file dated copy filed on 8/20/09
9/25/2009
I had submitted an Open Records Request to AISD, because the Judge would not grant me discovery on this information. I received the enclosed attached answer. I went to Stephen Post to view records and was told the following;
1. Mr. Post superintendent issued request to Truant officer by phone, no written record, no affidavits from anyone concerning truancy. NO PAPER TRAIL, NO ONE IN CHARGE? Only verbal accusations, verbal orders and all of this are not according to AISD policies.
2. no written documents from AISD concerning truancy other than, warnings concerning absences. 1 document from truant officer 1 day before issuance of citation, stating, “home school was an option” because of our face to face discussion on why Rehyah was not in public school.
3. No paper trail as required by Texas Education code and AISD Board Policies that removed Rehyah from a free appropriate public education (FAPE) and placed Rehyah Kol Mellen in a DAEP program (RAC) to be absent from. The first day of suspension and expulsion to a DAEP program (RAC) I verbally notified all concerned in the 3 Administrative Level Grievance process that Rehyah would not return to an AISD public School until the grievance process was finished and that I was going to home school him in the meantime
4 Mr. Post says he was told by an Abilene PD Sergeant that the City of Abilene uniform citation/affidavits do not need to be signed at the time of issuance, but later on in front of shift sergeant (where ever he may be) in the Deputy Municipal Court Clerks Signature block, SWORN TO AND SUBSRIBED TO BEFORE ME THIS ______ DAY OF _______, 200_
________________________
Deputy municipal court clerk
5. example citation given to my daughter in front of my house (see attachment}.
6. Abilene answer to open records request on citation procedures ( NO PROCEDURES (see attachment)
9/26/2009
Status of Rehyah and Michayl Mellen cases:
1. still No original Petition charging Rehyah Mellen with a penal crime code 42.1 Disorderly conduct or any other type of conduct in which the juvenile respondent can answer. Trial is waiting to be reset-my health, not released by doctor yet. No written acknowledgement from the court or DA concerning answers on legal status of unsigned original affidavits that are later altered. FBI OCR UNIT notified, acknowledge receipt but will not say if there will be an investigation.
2. Michayl Mellen’s trial for truancy is postponed until his health is better
There are no AISD witness affidavits available, because there are none, there are no documents available authorizing the truant Officer John Rogers to sign or file a contributing to truancy of a minor affidavit against Mr. Mellen. Is it my imagination that this is a form of Star Chamber Justice accelerated retaliation?
3. My question is this, Why am I in court on these charges if there is no proof of my or Rehyah’s guilt? And if there is no proof of guilt, then the only logical rational thought is simply accelerated retaliation by the Judicial system, as stated to me “we know who popular is” .
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Posted by: Charles Wright | September 6, 2009 09:00 PM
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Charles Wright
734-717-4442
Posted by: Charles Wright | August 27, 2009 11:57 PM
PLEASE READ THE LAST PARAGRAPH OF THIS PRESS RELEASE:
For Immediate Release
August 26, 2009
United States Attorney's Office
Southern District of Texas
Contact: (713) 567-9000
Former Texas Correctional Officer Sentenced to Two Years in Prison for Providing False Statements in Civil Rights Case
WASHINGTON—Eugene Morris, a former correctional officer with the Texas Department of Criminal Justice, was sentenced today in federal court in Houston for providing a false statement related to a federal civil rights investigation, the Justice Department announced. Morris was sentenced to two years in prison and two years of supervised release.
A federal jury in Houston found Morris guilty on May 21, 2008, of providing false information in an official report relating to the alleged assault of a prison inmate under his supervision. The evidence at trial focused on a physical altercation between Morris and an inmate in which the inmate suffered a fractured skull and brain injuries. Morris was convicted of falsely asserting in his report that the victim’s injuries were caused when the victim’s head unintentionally hit the floor during the struggle. Morris was charged with causing the victim’s injuries by kicking the inmate in the head while the inmate lay on the ground with his hands behind his back; however, the jury found Morris not guilty of a civil rights violation based on these allegations.
“We take any allegations of assaults by law enforcement officers very seriously, and we investigate them thoroughly. Officers who provide false statements to cover up this type of conduct are breaking the law, and they will be prosecuted,” said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.
This case was investigated by the FBI and the Office of the Inspector General for the Texas Department of Criminal Justice. Assistant U.S. Attorney Ruben Perez and Trial Attorney Edward Caspar from the Civil Rights Division prosecuted the case.
The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, including those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement or other government officials.
Posted by: Zena D Crenshaw Logal | August 27, 2009 07:15 PM
Here's an Email Circulated by Judicial Accountability Initiative Law:
RICHARD FINE TO REMAIN IN PRISON FOR AT LEAST 2 MORE MONTHS
http://www.ahrc.se/new/index.php/src/news/sub/article/action/ShowMedia/id/5243
9th. Circuit Court of Appeal Denies his Motion for Reconsideration
August 26, 2009
By Tom Shapinsky
Los Angeles, California -
Today, the 9th. Circuit Court of Appeal denied Richard Fine's Motion for Reconsideration to be released pending his appeal.
Instead, the court's prior ruling is still in effect that his opening brief is due September 9, respondent's brief is due October 9, and his reply brief is due October 23. This effectively keeps him in prison for the next two months.
Fine is claiming in his appeal that Judge David Yaffee, who put him in prison, should have recused himself because he was receiving illegal payments from the County of Los Angeles, without disclosing this to all parties. A judge is required to disclose to all parties in a case if he has any conflict of interest regarding any party in the case. One of the parties in the case was the County of Los Angeles - who was paying him an extra and illegal $46,000 a year on top of his state salary of $178,000.
This story is of staggering proportions. The State of California is reeling from massive budget deficits that brought it to the brink of bankruptcy. Every municipality and county is likewise reeling from the effects of the economic recession. California's unemployment rate is 11.9%.
Yet, when the payments by California counties were ruled unconstitutional in the Sturgeon v County of Los Angeles case in October last year, Chief Justice George hired a lobbyist at $9,000 a month - from taxpayers no less - to bludgeon the state legislature to pass a bill in February of this year in the dead of night, to allow counties to continue those payments and to grant retroactive immunity to all those who had been receiving those payments for the last 20 years. Just in Los Angeles County alone, that amount is estimated to be about $300 hundred million out of the pockets of taxpayers. In the rest of California, that amount could well be in the $1 billion range.
At a time when California workers are losing their jobs, when California homeowners are losing their homes, its judges are walking off with a 25% pay increase without so much as a twinge of conscience, and the California politicians kow-towed to them.
Appeals for investigation of these violations of the law to the government bureaus that have a responsibility to protecting citizens from crimes by government authorities - FBI, U S Attorney General Eric Holder, and the House and Senate Judiciary Committees - Representative John Connolly and Senator Patrick Leahy - have so far been ignored by all these offices.
One homeowner, who did not wish to be identified, said: "This is the height of corruption. Every judge and politician should be sacked and sent to prison."
Ironically, California is seeking to release 27,000 prisoners early to solve its budget problems. Yet, it continues to keep Richard Fine - a 69 year old man - who has never harmed anybody - in prison because he has fought bravely for justice for the citizens of California for many years. Letters of support can be sent to him at:
Richard Fine, # 1824367
P.O. Box 1824367
Terminal Annex
Los Angeles
CA. 90086 - 0164
Posted by: Zena D Crenshaw Logal | August 27, 2009 07:12 PM
I have contacted the DOJ on the case I am currently fighting not only in civil court but in criminal court as well. I was given a call back but nothing more they never made an attempt to talk to my lawyer to arrange for him to shipp them the files he had associated with the case and even complete strangers can see the case is completely based on religious bias. I have even contacted the ACLU and even though they did talk at length with my lawyer they have not seen where they could be of assistance because I already have a lawyer. I have not been able to see my kids for 2 years now and not only that but I am currently starting the process all over again after the cps worker and the head of the department went to my lawyer for him to litigate thier divorce cases and the D.A brought it before the judge and had him disqualified for " the look of inpropriaty" even though it should be looked at as such by them being her witness that came to my lawyer and got him disqualified. The lack of procedural process and things such as NO ACTUAL Evidence,not producing full disclosure to the defense in a timely manner and Losing a file that in the D.A's words to my lawyer might contain evidence benificial to my defense. All of this and the Judge sits back and allows it to continue without dismissal.
Posted by: Dan McCullough | August 27, 2009 01:53 PM
I complained to San Diego District Attorney Bonnie Dumannis about Judge David B. Oberholtzer adopting Guardian Ad litem Edlene C. McKenzie's recommendations to place our Granddaughter with a third party, which these recommendations were assessed on McKenzie's discrimination of our religion being, (Presbyterian & Catholic). Evidence had not been presented to show that placement with me would be detrimental in order to overcome the preference required by section 361.3.
I complained to Bonnie Dumannis of Judge David B. Oberholtzer claiming I virtually didn't have any rights to this child, ignoring his bench-guide codes 100.40 which say Grandparent's are preferential consideration as well as section 361.3.
I complained to Bonnie Dumannis about Oberholtzer using a Troxel case to keep our Granddaughter from returning to her Missouri home because the Troxel case Oberholtzer used was opposite from our situation as the Grandmother in the Troxel case had never raised her Grandchild for seven years as we did.
http://www.youtube.com/watch?v=b7G8XGFFSoI
I complained to bonnie Dumannis about the Guardian Ad litem's perjury
San Diego Family Court, Edlene C. Mckenzie Fraud, Exhibit 6 is about a court appointed guardian ad litem stating perjury to the court about our Granddaughter being disadvantaged if Judge David B. Oberholtzer should order custody for my husband and I. We raised this Granddaughter for nearly seven years before she was snatched from her school seat in Missouri and flown to California where she was abandoned at a daycare for one year till court. We had put our Granddaughter through dance classes and this guardian ad litem saw her dance photos while investigating our home yet she fraud the court to enhance the chances for the daycare to have our Granddaughter.
http://www.youtube.com/watch?v=-T8nhcEQsIM
Here Edlene lies about the dismissal of my Grandson's case in St. Joseph, Missouri.
http://www.youtube.com/watch?v=loxZLpmnIMI
San Diego Family Court, Edlene C. Mckenzie Fraud, Exhibit 4 is fraud of a dismissal of our first commencement for custody of Littlebug.
http://www.youtube.com/watch?v=T8STfGHtur0
San Diego Family Court, Edlene C. Mckenzie Fraud, Exhibit 3 is Edlene's fraud that Ted the paternal Grandfather was in pain and unable to govern our Granddaughter when our Grandaughter was playing with him in the hotel room during our first visit with Edlene.
http://www.youtube.com/watch?v=lD8i0lI7eqY
San Diego Family Court, Edlene C. Mckenzie Fraud, Exhibit 2 Edlene perjured about who had an expensive day at Sea World.
http://www.youtube.com/watch?v=Pd3YrXWC_1k
San Diego Family Court, Edlene C. Mckenzie Fraud, Exhibit 1 is Edlene's perjury in her report of the third party being a licensed Clinical social Worker.
http://www.youtube.com/watch?v=pCBIn2BtX7E
Bonnie Dumanis had all of these complaints of fraud with evidence of it being fraud, would you like to see Dumannis's response?
http://www.slide.com/r/6Gd-Clg_2j8VltHHCVXU4YlZa7BShTEx?previous_view=mscd_embedded_url&view=original
Dumannis's secretary Kathy O'Connell refused to respond on any further emails, letters or phonecalls.
My case, (CASE # D438066) was a San Diego Family Court case where I had petitioned the court for custody of my Granddaughter, "Littlebug" I had raised for nearly seven years in Missouri, now I am not allowed any contact with her.
My contacts are; Email: FraudinSDcourts@Aol.com
Phone: (816) 279-9438
Posted by: Jacklyn R. Barton | August 25, 2009 10:33 PM
My experiences with the justice department include, but are not limited to, being denied access to this public building by armed guards when I went to talk to a case worker who had been assigned to investigate my false arrest.The department accepted my case and then dropped it. I traveled to Washington to attempt to get some help
and was told that I could NOT enter the building without an appointment. The department must be held accountable.
Posted by: katherine moore | August 23, 2009 10:29 PM
Hello,
These human trafficing cases sometimes have a network or structure behind them, and I'm sure DOJ would want to look into that when it happens.
Where widespread police brutality cases are not prosecuted on the local or state level, the reason may well be acquiescence or worse. And sometimes police brutality may be only the tip of the iceberg.
Screws v. United States (1945) upholding the predecessor of 18 USC 242 as well as Powell v. Alabama (1932) involved that sort of scenario. We hear of law enforcement misconduct and more in a "company town"* scenario from some of our board members, with attendant acquiescence and worse.
Maybe what I mean to say is where you have a good deal of police brutality and misconduct, that often goes beyond individual officers and should entail if not prosecution, at least investigation. Statutes and legal precedent are all there.
One would hate to think that maybe here and there some nasty cops will face 18 USC 242 criminal charges while the bigger fish get away and something like judicial misconduct is paid little if any attention. And maybe DOJ needs a subtle reminder in that regard.
Andrew
*the tone of Marsh v. Alabama (1946) indicated a clear disapproval of such things.
Posted by: A. D. Jackson | August 21, 2009 04:59 PM
I got a return call this morning from the DOJ CRD CS. Kudos for that display of timeliness! Unfortunately things went down hill from there :-(
I believe the last name of the woman I spoke with is spelled Shainya or Shaniya. Getting a slowly spelled and otherwise audible name from the DOJ CRD CS is proving to be a challenge for me.
Anyway, Ms. S???? indicated that she will try to get a letter out to me next week. Reportedly a pressing legal matter may delay the correspondence.
The letter I've been promised is to confirm what Ms. S???? told me by phone and that is her section prosecutes police brutality and human trafficking cases; not matters dealing with courts or prosecutorial misconduct.
So there you have it! Unless you've been roughed up by the police or sold into servitude of late, don't look to the DOJ to protect your federal rights.
By the way, the DOJ CRD CS does not have regional offices.
Posted by: Zena D Crenshaw Logal | August 21, 2009 01:09 PM
The story on the Justice Department's ((DOJ)) reemphasis on more traditional civil rights cases is noted. The past administration did concentrate a bit on Bakee v. Board of Regents (1978) but seemed to think that Brown v. School Board (1954) and its progeny as well as civil rights statutes have, voting rights cases excepted, virtually eradicated traditional forms of discrimination rather than noting such things are being better concealed or that lack of law enforcement response even for very overt and blatant acts may be more a sign of acquiescence than proof such things don't exist. And maybe other forms of violation of constitutional rights or retaliation for exercising them have arisen over the years and not been dealt with by DOJ.
In 1964 when southern sheriffs and law enforcement used blackjacks, firehoses, and biting dogs to retaliate for exercising First Amendment rights of free speech and petitioning government for redress of grievances, Melvin Belli called the court that convicted Jack Ruby
of murdering Lee Harvey Oswald a kangaroo court and a railroad. The judge didn't like it, nothing much happened, and the conviction was reversed on appeal. I note in passing that although firehoses and dog bites are largely a thing of the past, at least back then restrictions on attorneys' rights of free speech, exposing or criticizing judicial misconduct, and petitioning the government for redress regarding such things were not viewed by disciplinary commissions and some state supreme court and other judges as preconditions for continuing to hold a law license.
The need for DOJ to bring or at least consider filing some more traditional 18 USC sec 241 and 242 criminal civil rights cases or at least probe certain matters was brought to its attention by our efforts. I am most gratified that somehow these efforts helped DOJ and its civil rights division reconsider some of its past priorities and resolve to change them.
Dr. A.D. Jackson
Posted by: Dr. A. D. Jackson | August 20, 2009 05:16 PM
I called Civil Rights Criminal Section today to get an update on our July 7th submission. [see: http://www.popular4people.org/OLTW_newsroom.html ]
I got directed to a voice mail box of someone. The recording of her name was difficult to understand.
Anyway, I left a detailed message and my call back info and hope to get a response soon.
Our certified mail return receipt indicates our Submission no. 7709 was received by the Civil Rights Criminal Section on July 13, 2009.
The DOJ's Anti-trust Division has a user-friendly webpage on "What happens when you submit a complaint to the DOJ"
The Criminal Section of the department's Civil Rights Division needs a similar discussion on the internet.
Posted by: Zena D Crenshaw Logal | August 20, 2009 04:06 PM