Wednesday, March 11, 2009

Tutorial #1: Introdution and Minute Orders

Workshop on Public Records of LA County


09-03-10. Tutorial #1 -Introduction and Minute Orders

Tutorial #1: INTRODUCTION AND MINUTE ORDERS


Public Records that are Judicial Records, Computers, and Alleged Court Corruption, Countrywide/Bank of America


Homework due: Friday March 13.2009.


A. Introduction

One of the main difficulties I face is that I am working non stop on trying to explain what my findings are, but repeatedly find myself misunderstood. Therefore, printing papers and sending them by certified mail is useless. If people cannot understand the essence of the fraud. Similarly, I am yet to meet a single civil or criminal attorney in LA County who understands the nature of court records in the LA Superior Court, Civil and Criminal. Therefore, even had I not been prevented from retaining a counsel by the retaliatory nature of the court, which compromised my counsel in the past, it makes no sense to hire a counsel who cannot figure out which paper is which.

B. Punal by International Lawublic Access to Public Records that are Trial Court Litigation Records are Essential for Fair Trib

When I ask LA attorneys on this matter, they routinely consider my issues "technical" or "irrelevant" - because "litigation is an art, not a science". ACLU said that I am interested in archaic issues. But I find myself hard pressed to accept such position, which is contrary to International Law, relative to fair tribunals. Such attorneys, practically all attorneys in LA, abdicated their duty to safeguard the rights of their clients. They allow the courts to conduct litigations with closed books.


Accordingly, most of the alleged frauds by the courts that I will discuss in this workshop, are of the general type that is designated "Shell Game Frauds". Those are frauds that are based on the fact that information is available to one side and is denied to the other side.


One way I tried to instill this concept, albeit, breaking the wall of separation, but using an effective "sound-bite" was by using a verse from Daniel as a motto: "The judgment was set and the books were open". Even in biblical times (late biblical times that is) in developed civilizations, like Babylon, the concept of open books was associated with fair trial. In Los Angeles County and numerous other counties in California, the books are closed for over a quarter century.


In an attempt to remedy the problem, I submitted last year a one page proposal to the House and Senate Judiciary Committees, but again, I doubt that it was understood.


Another, more blatant way to explain it is to remind the legal professionals that frauds that I allegedly experienced in the LA Courts, and numerous others are allegedly daily subjected to in the LA Courts, without even knowing, are frauds that were notoriously common in the Middle Ages, e.g. Summons Fraud, Statute of Frauds Fraud, Judgment Book Fraud. In short, in 1985, with the introduction of Sustain, the LA Courts stepped forward, straight into the Middle Ages.


Obviously, conditions where we have by low estimate (PBS, Front-line, May 2001) 10,000 FIPs (Falsely Imprisoned Persons) in LA, a hallmark of the medieval conditions of the justice  system in this County. These FIPs were determined innocent and falsely convicted based on framing 10 years ago, in the Rampart scandal investigation. In the intervening decade, several official and independent review panels confirmed and re-affirmed that conclusion. They must be freed!

Obviously the whole script followed in the case of Att Richard Fine, is a Medieval play, the case of Sir Thomas More also comes to mind.

C. Conditions in LA County are Materially Different than in Other Parts of the U.S.

There is no doubt that corruption of the judiciary is prevalent, in relatively high incidence rate, throughout the U.S. But from my reading, I was hard pressed to find any county where there was organized corruption of the sort we find in LA County.

For example: The case of Att Richard Fine stemmed from the fact that ALL judges in LA County in an organized fashion took payments that were "not permissible".

Similarly, in Zernik v Connor et al (2:2008cv01550) Some 10 judge were involved in alleged wrongdoing in the underlying litigation in LA Superior Court, and also the Presiding Judge and his Assistant, the current Presiding Judge. It was an alleged coordinated wrongdoing. And the coordination was through the courts computer systems -through trial court litigation records that are alleged fraudulent. Key record - a grant deed, issued for the court by Att David Pasternak, former President of LA County Bar Association, and former President of House of Justice - Bet Tzedek, was opined as fraud by a highly decorated nationally acclaimed veteran FBI agent. And when I asked to visit the office of Att Pasternak and inspect and copy his Notary Public's journal, i was sent an urgent message by Att Pasternak that he instructed security to apprehend me if I enter the building.

D. Alleged refusal to perform duties by U.S. officers at USDOJ and FBI - We need to rely on International Law and International Monitors.

Of interest, in U.S. law, the fundamental right I am referring to - the right of public access to public records, was defined by the U.S. Supreme Court as a "Common Law right". Therefore, it is not a right based in the Constitution (Nixon v Warner Comm, Inc). It was referred to as "the right to inspect and to copy"

In 2008, I brought this issue before California Attorney General Jerry Brown, now running for governor. His special assistant reviewed the issue, and recommended that no action should be taken, claiming it was a private matter.

In 2008, I brought it all the way to Director of USDOJ and Director of FBI, but such officers, in response to congressional inquiries by Senator Feinstein and congresswoman Watson, provided answers that I deem fraudulent. Such California and U.S. officers are refusing to perform their duties.

But the problem is not new, not new at all. Reading back at least to the year 2000, the end of the Rampart investigation, the First Rampart Trial, derailed by Judge Connor, and the Consent Decree (2001) - the U.S. government abandoned any intention of Equal Protection for the residents of LA County, the most populous in the U.S. already then, if not a decade earlier. In and of themselves conditions, where a county is discriminated against by the central government relative to equal protection, is in violation of International law.

The reason that I rely on International Law, such as the Universal Declaration of Human Rights, is that California law and U.S. law have failed us miserably. But in Guantanamo Bay, we saw that what appeared to the International community as violations of International Law, was remedied after international pressure was applied. Therefore, to anybody who asks my opinion I say - the California and U.S. law are in a state of "all systems failed". Our only recourse is to call upon the international community to send monitors/observers to LA courts and prisons, and based the reports of such monitors, request that the international community apply pressure for remedial actions by U.S. government.


E. President Obama must immediately act on the FIPs issue, or else it will become part of his own legacy.


The estimated 10,000 FIPs are mostly black and latinos. If President Obama does not act upon it fast, their false imprisonment will become an integral part of his presidency. There is no doubt - it is a disgrace of historic proportions!

F. The Alleged Racket in the LA Superior Court, in its Current Manifestation, Originated with the installation of "Sustain" allegedly - a fraudulent case management system


In LA County the problem can be traced back to 1985, with the installation of "Sustain", an allegedly fraudulent management system provided to the court by a corporation of the same name, controlled by The Daily Journal, the largest legal newspaper in California, during years that the Honorable Ronald George today Chief Justice of the California Supreme Court served in a leadership positions in the LA Courts. I had communicated in the past with Martin Berg, Editor in Chief of The Journal. But more recently, he would not answer correspondence regarding Sustain. Similarly, letters were sent to the Honorable Ronald George, requesting comments and clarifications, and remain unanswered.

HOMEWORK


1) Go to http://inproperinla.com/ and try to familiarize yourself with the general organization of
the record.
2) If you have suggestions for fix ups that can be implemented on immediate basis, without
slowing us down, please post your suggestions. in the Group area.
3) Identify records corresponding to compiled Minute Orders from various records.
4) Identify records corresponding to minute orders from Samaan v Zernik.
5) Identify records described as Minute orders from samaan v Zernik paper court file.
6) Identify records described as Minute orders from samaan v Zernik electronic court file.
7) Identify record described as table comparing 5) and 6)


Requested output: (Posted as messages in the group area)
1) Brief - one paragraph: Description of your experience in familiarizing yourself with the
organization of the materials.
2) Brief - one paragraph. What is your conclusion from review of the records listed above

Anouncing: Workshop on Public Records of LA County

09-03-10Workshop on LA County Public Records


Date: Tue, 10 Mar 2009 13:54:56 -0700 To: "bhollingsworth" <bhollingsworth@dcexaminer.com>, ygmichaels@yahoo.com, flyover_27@yahoo.com, FederalReserve <OIGHotline@frb.gov>, InvestigateFDIC <oig.hotline@usdoj.gov>, InvestigateFDIC <oig@sec.gov>, OIGlindawittenhagen <linda_wittenhagen@DOIOIG.gov>, DOJ <AskDOJ@usdoj.gov>, Examiner <bhollingsworth@dcexaminer.com>, hawkdoj <hawk@usdoj.gr>, CaptainMcConnell <avalonbeef@msn.com>, "FDICWhistleblower Jason Werner"

<jason.werner@jasonwerner.com>, "FDICWhistleblowerKurtB" <ossoramdella@yahoo.com>,
"FDICWhistleblowerKurtB" <saintrambone@hotmail.com>, "JSchwartz"
<janschwartz@mac.com>, wusa_assignmentdesk@wusa.com, "POGO"
<mcowart@pogo.org>, "secchairmanoffice" <oiea@sec.gov>, "senatecarlevinezachary"
<zachary_schran@hsgac.senate.gov>, "Senatorlevin" <CarlLevin@Everything2.com>,
"congressbudget" <communications@cbo.gov>, comments@whitehouse.gov,
fraud@gao.gov, <fraud@gao.gov>, "FraudDisclosure" <bert@ely-co.com>,
Fraud@GAO.GOV, "FraudReports" <info@riptideonline.com>, FraudFunnyMoney
<lee@funnymoneyreport.com>, RadioTalkShowHost <ndhayes@att.net>, InvestigateFDIC
<lisa_powell@hsgac.senate.gov>, InvestigateFDIC <hotline@oig.dot.gov>, InvestigateFDIC
<ericl@nytimes.com>, InvestigateFDIC <ShannaD@whistleblower.org>, DAnne Burley Radio
Host <danne.burley@gmail.com>, Dan Hanley <danielhanley@bellsouth.net>, Tom Devine
<whistle47@aol.com>, National Whistleblower Center <mc@whistleblowers.org>,
WhistleblowerPeer <PEER@mail.democracyinaction.org>, WamuWhistleblwoer
<jimk@cyberdude.com>, richardmenna@malibukitesurfing.net, "Attention: BOA AUDIT
COMMITTEE: WILLIAM BARNET, III, JOHN T COLLINS, General TOMMY R FRANKS,
WALTER E MASSEY, THOMAS J MAY (chair), Admiral JOSEPH W FRUEHER, AUDIT
COMMITTEE, BOA/CFC" <socrates@bankofamerica.com>, dabadar@gmail.com,
"ATTENTION: THOMAS MAY"<ir@nstar.com>, "ATTENTION:WALTER E MASSEY"
<admissions@morehouse.edu>, "WILLIAM BARNET, III" <InvestDUK@duke-energy.com>,
<Info@duke-energy.com>, "ATTENTION:JOHN T COLLINS "<lw@thecollinsgroup.com>,
<InvestDUK@duke-energy.com>, "Attention: WILLIAM BARNET, III, JOHN T COLLINS,
General TOMMY R FRANKS, WALTER E MASSEY, THOMAS J MAY (chair), Admiral
JOSEPH W FRUEHER, AUDIT COMMITTEE, BOA/CFC"
<joyce.schilling@bankofamerica.com>, "U.S. Elected Officials" <jz12345@earthlink.net>,
"Law Schools Faculty" <JZ12345@earthlink.net>, "Organizations likely to commit resources
for freeing the FIPs" <jz12345@earthlink.net>, "ASKDOJ" <ASKDOJ@usdoj.gov>, "Mitch
Stewart, BarackObama.com" <info@barackobama.com>, "Bezek, Samuel"
<BEZEKS@SEC.GOV>, Recoveryteam@doioig.gov, <infoguys-list@yahoogroups.com>,
myrlandsmethods@yahoogroups.com, "Jake Wiens" <jwiens@pogo.org>
From: joseph zernik <jz12345@earthlink.net>
Subject: Tutorial #1, Workshop on LA County Public Records:, Public Records that are Judicial
Records, Computers, and Alleged Court Corruption, involvement of Countrywide/Bank of
America.
March 9, 2009
Dear Ms Hollingsworth, Yolanda and others:


ANNOUNCEMENT WORKSHOP ON LA COUNTY PUBLIC RECORDS


A number of people expressed interest in studying the records. And on the other hand, from the comments it appears that I was misunderstood. It's time to stop improvising, and do a tutorial. I added to the email list some faculty in law schools, and I hope that they would contribute. Tuition: We hope that anybody who enters the workshop area agrees with the need to free the FIPs and sign the petition as a minimum. Obtaining one additional signature would be appreciated. Obviously, if a person does not agree, he/she should not sign. No rights or privileges will be denied based on signature or lack thereof. The Issues: Special emphasis will be given throughout, to the role of computers in current state of affairs, and we would explore potential solutions. 

Areas of concentration:

a) Public familiarity with the public records.

Educate ourselves regarding public records of LA County

At present, even attorneys do not know which records are valid, which are not. What kinds of  records exist in the county? Where? Who is in control

b) Collect data, evaluate

Current state of Public Access to public record.

c) Critically explore allegations:

LA County is denying public access to public records

d) Critically explore allegations:

California Courts deliberately ambiguated court records.

e) Critically explore allegations:

LA Superior Court routinely engages in fraud and "double books" in trial court litigation records.

f) Critically explore allegations:

LA Superior Court is operated in violation of the law relative to the failure to maintain valid, published, Local Rules of Court. where the public was allowed reasonable opportunity to comment and object.

g) Critically explore allegation summed as:

LA County maintains tribunals that are inadequate by standards of International Law which bind the U.S.

h) Critically explore allegations summed as:

Large law-firms such as Sheppard Mullin and Bryan Cage LLP, actively colluded with the court in exploiting such corrupt records systems, and try to evaluate any evidence regarding such collusion - to what degree they were familiar with the technical details.

i) Critically explore allegations summed as:

Countrywide, now Countrywide/Bank of America knowingly colluded in wrongdoing with the court, through engagement, or sham engagement of Bryan Cave, LLP, as Outside Counsel, in Samaan v Zernik, in the LA superior Court.

j) Critically explore allegations summed as:

The evidence credibly demonstrates that Countrywide and now Countrywide/Bank of America failed to comply with Sarbanes Oxley, section 307,relative to reporting of material violations of the law.

j) Critically explore allegations summed as:

The evidence credibly demonstrates that Countrywide/Bryan Cave are allowed to continue with wrongdoing following publicly sponsored Bailout-Merger with Bank of America, and there is no evidence of response by Bank of America to requests to stop such wrongdoing.

j) Critically explore allegations summed as:

The evidence credibly demonstrates that following publicly sponsored Bailout-Merger, Bank of America started engaging in conduct that amounts to wrongdoing relative to its actions in LA Superior Court, and it acquired wrongful patterns of conduct from Countrywide.

j) Critically explore allegations of:

Racketeering by various parties listed above.

k) Critically explore allegation summed as:

The racket at the LA Superior Court, in its current manifestation originated with installation of Sustain"

l) Critically explore allegation summed as:

The evidence is unequivocal - Sustain was conceived and designed to deceive.

m) Critically explore allegation summed as:

The LA Superior Court, through the use of Sustain, is running a multiple track operation, and some of its cases can be best designated "Enterprise Track" cases, many of which are real estate litigation.

n) Critically evaluate statement summed as:

Any case management system should be deemed as new rules of court. No such system should be installed prior to reasonable opportunity for public review and objections.

n) Critically explore allegation summed as:

Based on the evidence reviewed, claims by Judge Connor that she had made "errors" in jury instructions in the First Rampart Trial (2000), cannot be accepted by a reasonable person at face value.

o) Critically explore allegation summed as:

Based on the evidence reviewed, claims that judges of the Superior Court who convicted the Rampart FIPs were "duped" by corrupt police, but did not collude with such police, cannot be seriously entertained by a reasonable person.

p) We will try to:

Define methods to identify the FIPs based on existing and accessible records

q) We will try to:

Identify records, where access is a must for expedient identification of the Rampart -FIPs.

q) We will try to

Critically review, and define reliable methods for computerized review of court records relative to alleged wrongdoing by individual judges, so as to be able to create a computer generated "Index" or "score" of wrongdoing by individual judges.

r) We will

Discuss and try to Propose recommendations, based on public policy principles, how such situation should be handled, e.g.: Protocols for Truth and Reconciliation Committees, review experiences from other countries

The Purpose:

Familiarize each other with the public records of LA County, and produce in the process some basic tools for others to use. In order to free the Rampart-FIPs and stop the alleged racket, the public must gain access to public records, and create conditions so that such records are adequately maintained in the future.

Venue:

Group meetings in your free time at:

http://www.care2.com/c2c/group/restore_justice_in_l_a_group

Schedule of Classes:

  • I may post there URLs for Tutorials and home work.
  • Others are welcome to post instructional materials as well.
  • All can join, post, learn as they wish.
Textbooks:
    • I have posted considerable amount of public records from my cases and others at
    • http://inproperinla.com
    • Others are encouraged to advertise any significant records they post online.
Mode of discussion
  • I divided the area of the "group restore justice in la" into several strings to start out, but it is all just first guess on how to make it work..
  • I am looking particularly for suggestions on what sequence to have people review the records posted in http://inproperinla.com/
  • What we are talking about is building a curriculum
  • We of course would be grateful to the court if it decided to comply with the law, and provide access so that we could inspect and copy.
Dear Mr. Zernick

Yolanda Gibson-Michaels forwarded a copy of your email
to me. I blogged about Mr. Fine last week:
http://www.dcexaminer.com/opinion/blogs/SharpSticks/
I have been writing about judicial corruption in Virginia, wher

a grassroots group called the Pitchfork Rebellion has been
trying to oust a judge. One of the members went to the
courthouse and found that a member's file had been
tampered with. According to your email, this is happens all
the time in LA. Is there any other way to verify this without
having someone physically pull a file and compare to trial transcripts

Barbara F. Hollingsworth
Local Opinion Editor
The Washington Examiner
www.dcexaminer.com
Phone: (202) 459-4945
Fax: (202) 459-499

_________________________________________________ Please support our petition: Calling upon the President Obama: Open the Books of LA Superior Court - to Free the 10,000 Rampart-FIPs. http://www.thepetitionsite.com/1/restore-justice-in-l-a

_________________________________________________ Joseph Zernik, DMD PhD <jz12345@earthlink.net> Cell: 310 435 9107 No voice mail; IM, Page- OK No ID- No response