Function of the Citizen

Preface:  What do domestic enemies of the constitution look like?  I say they look like  Justice Stephen Kane,  Charles Poochigian and Jennifer Detjen.  The letter to Fifth Appellate Court Administrative Justice Brad Hill asks for his prompt intervention as required by his oath to his judicial canon.

It urges him to preserve the public trust by taking quick investigative and corrective actions…not by joining a conspiracy of silence by public officials.

I plan to put this before law school professors, legal media and the press challenging them to respond and make comment.

Let’s see if anyone does.


Letter to Fifth Appellate Court Presiding Administrative Justice Brad Hill

March 11th, 2013

FIFTH APPELLATE DISTRICT                                                        FAX & EMAIL
Fifth Appellate Court Presiding Administrative Justice Brad Hill
2424 Ventura Street
Fresno, CA 93721

Re:  F066514/Domestic Enemies of Constitution

Dear Justice Hill,

I will continue to afford you the respect of your position even though your previous non-response to my attached letter of September 26th, 2012 c/o Sixth Appellate Court Presiding Justice Connie Rushing leaves me with serious doubts as to your holding to your canon of ethics.  Neither you, nor Justice Rushing responded as to why the Fifth appellate Court was given jurisdiction over Sixth Appellate Court cases.

As you already know, there is no good answer for the court.

With that said, I wanted to make sure you were informed of my Petition for re-hearing of this court.  I argue you have sued me and then adjudged your own case….and not unsurprisingly winning.

My petition for re-hearing requests you initiating investigations of your justices Kane, Poochigian and Detjen.

I have attached a pseudo copy of my petition for re-hearing (argument only).  It is not the filed copy.  I have corrected typos and expanded upon a couple of names.  It is for use in my publication but the essence of what it says has not been changed one iota.

Justice Kane, Poochigian and Detjen went beyond the pales of justice and plunged into the darkside.  Their actions will bring disrespect and distrust to your honor and the other justices of the Fifth Appellate Court.  I submit that inaction by you, or by other justices of the Fifth Appellate Court would make it worse.

I am not a litigant unhappy with a bad ruling.  I am a citizen publisher of the Badger Flats Gazette that has been falsely labeled as being mentally incompetent and vexatious within 30 days.  I am outraged as an American.  Why?

The panels of the Fifth Appellate Court need to conceal their acquiescing to the retaliatory, vindictive prosecution of me.  It was done, with your silent consent, by Merced County District Attorneys Larry Morse, DDA Alan Turner, my own attorney, Merced County Acting Public Defender Eric Dumars with Judge James Cadle in the criminal case of CRL001412.

Kane now needs to conceal the genesis between his denying the Criminal Writ F066517 filed on January 25th, 2013 with his initiating the same day an “Original Proceedings” against me, essentially suing me to declare me a vexatious litigant, F066514.

The best avenue to stop this assault upon me is public opinion.  This is what Stanislaus County Deputy Randy Watkins said when he affirmed tampering of the Merced County Grand Jury by Merced County Counsel James Fincher, Morse, et al..  You can hear the Watkins recording yourself at

Therefore, my conduit to the public opinion is the Badger Flats Gazette.

I have bluntly referenced the bad conduct of Kane, Poochigian and Detjen to that of domestic enemies of the Constitution and our county.

As always, I will continue to pursue my peaceful, lawful remedies through the court, hoping for the best, but always prepared for the worst.

Beyond worse has happened when it can be shown that not even the semblance of justice will be afforded me, and there are now wholesale violations of the laws of our country against me, and by what I had expected to be an honorable court.

I am in the hopes that you appreciate my efforts to give this court an opportunity to start to restore the public trust by taking corrective action.  Please do not destroy it further by a silent endorsement through inaction of your justices Kane, Poochigian and Detjen.

I respectively request that you inform me what investigative actions you are going to take to assure I receive fair treatment, not further retribution.

I welcome you to review posts at about “The Yellow Paper Road”.

Respectfully submitted,

Gene Forte

 Encl:  September 26th, 2012 Letter to Fifth Appellate Court & Sixth Appellate Court, Petition for re-hearing F066514 (Pseudo Copy)





Petition for Re-hearing  (March 7th, 2013)

Bate Stamped Exhibits  001-268



Categories: Badger Bites.