PREFACE: On June 14th, 2013 I filed a Notice of Interlocutory Appeal with the Federal Eastern District Court in Fresno in the case of Forte v. Merced County, DA Larry Morse, Sheriff Mark Pazin, et al , 1:11-cv-00318-AWI-BAM now before Judge Anthony Ishii.
Ishii and his clerks were to immediately notify the Ninth Circuit Court of Appeals in San Francisco of the appeal so I would be given a case number to file documents. Lo and behold, I discovered on June 19th, 2013, it had not been done.
Guess it’s just another one of the several clumsy clerical mistakes that just happen to be always prejudicial to me.
I do wonder at times why there are never any mistakes made by the court that are prejudicial to the public official defendants? Hmm-mm!
Ponder that while you read below a few of the excerpts of my Motion to Proceed in Forma Pauperis that I filed on June 19th, 2013 after the error was corrected.
PUBLIC OFFICIALS’ CHARACTER ASSASSINATION OF FORTE CULMINATING IN FORTE DECLARED MENTALLY INCOMPETENT BY THE POLITICAL ABUSE OF PSYCHIATRY (Pg. 2)The character assassination by California public officials and judicial officers on Forte, former California Recall Candidate for Governor, operator of AttorneyBusters.com and publisher of the Badger Flats Gazette, began in 2003 after Forte did not heed the veiled threat from Mr. Leon Panetta not to run in the Recall Race on the platform of exposing public corruption on Panetta’s home turf of Monterey County, or be made out by Panetta’s political allies as being crazy.
It has been fostered and concealed by McClatchy Newspapers, based in California and the second largest newspaper in the country.
The results of the political attack have culminated in Forte being:
1. Declared mentally incompetent on January 28th, 2013 without a psychological examination, with his right to jury trial denied, resulting in four year old criminal charges dismissed (over his objection) by prosecutor/defendant DA Larry Morse (with no objection by Morse) (Forte decl, Minute Order, Ex. “2”).
2. Declared a California Vexatious Litigant on February 20th, 2013 due to an original proceeding filed on January 25th, 2013 against him by the Fifth Appellate Court. (Forte Decl., Exhibit “3”)
3. Now financially indigent in contrast to making $585,000.00 (Forte decl. Exhibit “12”) a year prior to encountering attorneys with Panetta’s son’s law firm fixing trials with Monterey Superior Court judges where Forte resided.
Forte now seeks justice before the venerable Ninth Circuit Court of Appeals asking that they intercede to stop the attack upon Forte by public officials reminiscent of the darkest days of the Soviet Union.
THE CONSPIRACY OF SILENCE IS FAR REACHING (Pg. 11)
Plaintiff knows he is dealing with a very desperate California judicial system at this time, and this case will destroy any public trust left of the judiciary of California, the reputations of several public officials, and McClatchy Newspapers.
Lay the blame where the blame is due, on the despicable conduct of Monterey County resident, ex-White House Chief of Staff, ex-CIA Director, ex-Secretary of Defense, and owner of the bi-partisan shill mill The Panetta Institute for the Advancement of Good Public Governance, Mr. Leon Panetta. Panetta delivered the coyly veiled threat to plaintiff in 2003 that if plaintiff continued to expose public corruption that his son’s law firm Fenton & Keller was involved in, public officials would make Forte out to be crazy.
On January 28th, 2013, in the Merced County case of The People of the State of California v. Eugene Forte, CRL001412, just like a scene out of the Kremlin days, plaintiff was declared mentally incompetent without a mental evaluation. Panetta’s political allies in desperation fulfilled the veiled threat delivered by Panetta in 2003.
Plaintiff urges the Ninth Circuit Court Justices to verify the call from Panetta to plaintiff took place if they wish. It is unlikely that at least one of your honors do not have Panetta’s home number in their Rolodex….or is that delusional on plaintiff’s part?
FORTE’S RIGHT TO THINK WHAT HE WANTS (Pg. 16)
As to Forte’s speculation concerning a personal relationship between Ishii and Leon Panetta, Forte would be willing to bet that if Ishii’s travel records are checked for the past several years, along with phone records, it will be found that Ishii is a frequent visitor to the Monterey Bay area and has a close personal relationship with Leon and Sylvia Panetta. It would be naïve to surmise otherwise.
Forte can visualize Ishii sitting in the audience of one of The Panetta Institute’s phoney shindigs on good public governance, clapping like a trained seal, while rubbing elbows with the other phonies that refer to each other as “The Honorable” this and that.
It is Forte’s right to think such if he wants, and again not be considered delusional, or mentally incompetent for doing so.
There is a reasonable basis for Forte’s speculations and ponderings about it. Panetta was White House Chief of Staff when Ishii was vetted for his appointment to Federal Judgeship. Does Ishii dare say he does not know Leon Panetta, and has never talked with, or met with Panetta socially?
Does Ishii want to swear that he does not have Panetta’s home telephone number in his Rolodex, or does not have the ability to place a call to Panetta and have it returned? Forte submits that Ishii has already exhibited his propensity for denying the obvious, i.e., “I (Ishhi) don’t know what the conspiracy is about.”
Forte refers to the California BAJI concerning the credibility of a witness that is caught lying, and the common sense that if a person lies to you once, they will lie again. Ishii’s credibility is shot.
THE “PURPORTEDLY” IMPOSSIBLE QUEST ((Pg. 21-22)
Panetta’s local gang reached for the golden ring a few years ago by gutting out Cedar Funding Mortgage Company that had assets at one time of $200 million by yelling Ponzi Scheme when there was none. They had to carry out the charade with the false prosecution of Mr. David Nilsen who is now incarcerated at Lompoc.
This plaintiff has not forgotten about Nilsen or the involvement of Tom Duffy (husband to ex-Sixth Appellate court justice Wendy Duffy), who made off with a cool $2 million. But, that is another story that Panetta and his local good ol’ boy gang does not want to surface.
AN INTERESTING CEDAR FUNDING COINCIDENCE
After not having spoken to David Nilsen since his incarceration in June 2012, and just highlighting Nilsen’s Cedar Funding encounter with Panetta’s homies at the end of my appeal (filed June 14th, 2013) I received a phone call from Nilsen on June 17th, 2013.
Incredibly, Nilsen was driving with his wife from the Lompoc Federal Penitentiary on a 24 hour pass to transport himself to the Federal minimum security camp in Atwater, California.
Nilsen told me that new information has surfaced indicating that he could not have been indicted for a Ponzi Scheme….. because there was no evidence whatsoever of a Ponzi Scheme.
Nilsen said it was all a politically motivated prosecution.
Gee, I wonder if Panetta’s Monterey cronies, Judge Robert O’Farrell, Larry Lichtenegger, and Tom Duffy, attorney husband of ex-Sixth Appellate Court Justice Wendy Duffy will have to return the $2 million dollars Duffy collected from the insurance company of Nilsen’s accounting firm (for not finding the Ponzi scheme)? (LOL)