Saturday, July 31, 2010

10-07-29 Additional Evidence for Fraud at the US Supreme Court, in re: Richard Fine // Evidencia adicional para el fraude en los EE.UU. Corte Suprema, in re: Richard Fine

William Suter
Clerk of the US Supreme Court

Additional Evidence for Fraud at the US Supreme Court, in re: Richard Fine 
Los Angeles, July 29 - Human Rights Alert (BGO) released additional evidence of fraud at the US Supreme Court in re: Richard Fine v Lerory Baca, Sheriff of Los Angeles County (09-A827) - application for stay of execution of ongoing solitary confinement.  Records recently retrieved from the US Supreme Court file in the case failed to discover any valid court records supporting the purported denial of the Application in the Supreme Court Conference either on April 23, 2010, as scheduled, or on April 26, 2010, as noted in the online Supreme Court docket. [1] Court records also failed to show any record of service and notice to the parties of the purported denial.  Information obtained from the imprisoned former US prosecutor Richard Fine, likewise, indicated that he had never received any notice and service at all of the purported denial.

The Application was first submitted to Associate Justice Anthony Kennedy.  The online Court docket noted denial by Justice Kennedy on March 12, 2010, and Richard Fine received a notice to that effect as well.  However, the notice was by Counsel Danny Bickell, who was not authorized as a Deputy Clerk. Moreover, the notice was unsigned, and the copy in Court file was never stamped "FILED". Furthermore, there was no valid record of denial by Justice Kennedy to form the legal foundation for such notice. 
[2]
Former US prosecutor Richard Fine then re-submitted the Application to Associate Justice Ruth Ginsburg, who in turn referred it to the US Supreme Court conference, scheduled for April 23, 2010.

Prior to the April 23, 2010, Mr Danny Bickell, again - with no authority at all, eliminated from the court file records filed in the case, which included evidence, including, but not limited to details of his March 12, 2010 invalid notice of denial by Justice Kennedy.  Mr Bickell's conduct relative to the March 12, 2010 notice and the consequent elimination of records from the Court file was subject of a complaint filed with US Attorney Office, Washington DC.
 [3]
On April 23, 2010, outcome of the conference remained unknown.  However, an April 26, 2010 note in the US Supreme Court online docket, [1] indicated denial of the Application.  The records, which were obtained on July 26, 2010 from the Court file, showed no legal foundation at all for the April 26, 2010 denial note in the online Court docket.

Therefore, it was alleged that the case documented the repeated publication of false and deliberately misleading notes in the online US Supreme Court docket, the issuing of false notices by unauthorized US Supreme Court staff relative to the purported March 12, 2010 denial by Justice Kennedy, and failure of the US Supreme Court Justices to dispose of matters before them.

Former US prosecutor Richard Fine exposed, publicized, and rebuked the taking by judges in Los Angeles County of "not permitted" payments ("bribes"), which necessitated the signing on February 20, 2009 of "retroactive immunities" ("pardons") for all such judges.  Since March 4, 2009, he has been imprisoned in solitary confinement in Los Angeles, California.  Albeit, no warrant was ever issued, and no judgment/ conviction/ sentencing was ever entered in his case.

The case of Richard Fine documented a pattern of publication of false records in online public access systems, and denial of access to true judicial records:
1)      The Los Angeles Superior Court - published a false online "Case Summary", but denied access to the Register of Actions (California civil docket) in the case management system of the court in the case.
2)      The Sheriff of Los Angeles County - published false online arrest and booking records in its "Inmate Information Center", but denied access to the true Los Angeles County Booking Record of Inmate Richard Fine.
3)      The US District Court, Los Angeles - published a false online "PACER docket", but denied access to the NEFs (Notices of Electronic Filing - the authentication records) in the case, and the paper record, which was Richard Fine's commencing record - the petition for a writ of habeas corpus, which was allegedly adulterated at the US District Court.
4)      The US Court of Appeals, 9th Circuit - published a false online "PACER dockets", but denied access to the NDAs (Notices of Docket Activity - the authentication records), and also to critical records filed by respondents in the appeal.
5)      The US Supreme Court - published a false online "docket" noting March 12, 2010 and April 23/26, 2010 denials, which were not supported by the Court records in the case.  Access to true dockets in the case management system of the Supreme Court was yet to be permitted.

Notice of the newly discovered records of the US Supreme Court was also submitted to the US State Department and the United Nations.  Review of such conduct by the courts was sought by Human Rights Alert as part of the pending review of Human Rights in the United States in the first ever UPR (universal periodic review) of Human Rights in the United States by the United Nations scheduled for November 2010.  The April 2010 UPR report by Human Rights Alert, alleged large-scale fraud in online public access and case management systems of the courts in the United States. The report called for publicly and legally accountable validation of such systems.

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of online public access and case management systems in the precipitous deterioration of integrity of the justice system in the United States.
LINKS[1] 10-07-28-RE-Fine-v-Baca-09-A827-Additional-Evidence-for-Fraud-at-the-US-Supreme-Court-pertaining-to-purported-denial-of-the-Application-in-Confe
http://www.scribd.com/doc/35014599/
[2] Alleged fraud in US Supreme Court records in Fine v Baca (09-A827)
http://www.scribd.com/doc/34834530/
[3] Complaint against US Supreme Court Counsel Danny Bickell Alleged Public Corruption and Deprivation of Rights
http://www.scribd.com/doc/33772313/

Joseph Zernik, PhD
Human Rights Alert (HRA), NGOHuman Rights Alert - NGO 
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?*     "Innocent people remain in prison"*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."LAPD Blue Ribbon Review Panel Report (2006) [i]
*   
"...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2000) [ii]
*   
"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."     Prof Erwin Chemerinsky, Dean, Irvine Law School (2000) [iii]
[i] LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
[ii] Paper by Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
[iii] Paper by Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
2010 UPR OF HUMAN RIGHTS IN THE UNITED STATES
April 19, 2010 Human Rights Alert submission for the 2010 UPR (Universal Periodic Review) of Human Rights in the United States by the United Nations:
a) Press Release:
http://www.scribd.com/doc/30200004/

b) Submission:
http://www.scribd.com/doc/30147583/

c) Appendix:
http://www.scribd.com/doc/30163613/

d) UPR Tool Kit by the Urban Justice Center:
http://www.scribd.com/doc/29867561/

10-07-31 Human Rights Alert's Request for US Congress Judiciary Committees to Establish by Law the Case Management and Online Public Access Systems of the US Courts

Human Rights Alert's Request for US Congress Judiciary Committees to Establish by Law the Case Management and Online Public Access Systems of the US Courts.
Los Angeles, July 31 - Human Rights Alert (NGO) forwarded a request to the US Congressional Committees on the Judiciary for urgent review and legislative initiative regarding case management and online public access systems of the US courts.  Such systems were introduced over the past decade through a large-scale project by the Administrative Office of the US Courts, albeit with no public oversight.  Moreover, the courts failed to publish Rules of Courts to govern their operation.  Evidence was provided that such systems have caused precipitous deterioration in integrity of the courts, particularly in the areas of Banking Regulation and Human Rights. The evidence showed that litigations, which were widely reported by media as court actions, were only pretense, with no valid judicial review at all.

The following key deficiencies were identified:
1)       All courts that were examined, from the District Courts, through the Courts of Appeals, to the US Supreme Court, have failed to publish Rules of Court to set the legal foundation for the operation of case management and online public access systems, in apparent violation of Due Process rights.
2)       The manner in which case management and online public access systems were operated today, the public at large, and even attorneys could not distinguish between valid and effectual court records and records that were deemed void, not voidable by the courts themselves.  Both types of records were published in online public access systems in a manner that had to be deemed as serious violation of various fundamental Constitutional, Civil, and Human Rights. 
3)       Public access was routinely denied to critical judicial records, in apparent violation of First Amendment rights, and the range of judicial records, which were publicly accessible varied among the courts with no foundation at the law at all.
4)       The key role of Clerks in authentication of court records, which was established over the centuries as a critical safeguard for integrity of the courts, was largely eliminated - a sea change in administration of the courts, which was never established by law. Dockets were now constructed by unauthorized persons, and the Clerk refused to certify them. Unauthenticated judgments were entered in the Index of Judgments with no authority at all.
5)       Discrimination against pro se litigants, and unprecedented authority for counsel to enter court records with no prior review by authority of the Clerk, which were established in the case management systems, undermined Due Process and Fair Hearing rights.
6)       Similar conditions were documented in the courts of the several states as well.

Key features were outlined of the desired legislation:
1)       Any case management and online public access systems should be recognized as inherently affecting changes in court procedures. Therefore, their installation must be established by law. Validation of such systems must be undertaken prior to their installation, in a manner that is legally and publicly accountable - e.g. through agencies under control of the legislative branch.
2)       Data that must be entered only by authority of the Clerk of the Court should be defined, including, but not limited entries in the online dockets, where the name, authority, and digital signature of the person entering the data should be publicly accessible.
3)       All court records must be publicly accessible, pursuant to First Amendment, Due Process, and Public Trial rights, including, but not limited to all authentication records, unless access is denied by law or through documented sealing orders.
4)       Authentication records of the US District Courts (NEF - Notices of Electronic Filing) and the US Courts of Appeals (NDAs - Notices of Docket Activity) must be re-drafted, to form valid certification of authentication records, clear and unambiguous reference should be included in such records to the judicial records being authenticated, as well as visible names, authority, and digital signatures of those issuing the authentication records � as signs of intention to take responsibility. Dockets must be constructed only by authority of the Clerk.  Judgments must be entered into the Judgment Index only by the authority of the Clerk.
5)       Counsel must not be permitted to enter court records in the dockets with no prior review by authority of the clerk; pro se litigants and counsel should be given equal standing in access to such systems.
6)       Key provisions of such legislation should apply to the courts of the several states as well.
Conditions now prevailing in the US justice system were deemed as undermining the framework of lawful and effective government.  Such conditions incurred risks that cannot be easily assessed to stability of US financial infrastructure, Human Rights, and the Rule of Law. 
The proposal was copied to the US State Department and the United Nations, as part of the pending, first ever UPR (universal periodic review) of Human Rights in the United States by the United Nations scheduled for November 2010.  The April UPR report by Human Rights Alert, alleged large-scale fraud in online public access and case management systems of the courts in the United States. The report called for publicly and legally accountable validation of such systems by the legislative branch.
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of online public access and case management systems in the precipitous deterioration of integrity of the justice system in the United States.
The proposal was also copied to the Basel Accord Committee, since in such Accords, the US government made commitments for honest and effective regulation of the US banking system, valid risk assessment, and effective risk reduction.

LINKS
01-07-31-Human-Rights-Alert-s-Request-for-the-Judiciary-Committees-to-Establish-Case-Management-and-Online-Public-Access-System-of-the-US-Courts-by-Law
http://www.scribd.com/doc/35149271/