PROSECUTORIAL MISCONDUCT WORSE THAN
U.S. CAL FIRE V. SIERRA PACIFIC (AKA MOONLIGHT FIRE)
Preface: I’ve been running in stealth mode since my last post in June while dealing with the illicit antics of a group of public officials that are in “panic” mode since I won the trial of Forte v. Jones on June 12th, 2014.
You would think that since I was able to prove myself not delusional or mentally incompetent before a Federal jury and awarded rare punitive damages for proving public officials were retaliating against me for exposing their corruption, I would get more respect.
But, like Rodney Dangerfield, it is not going to happen from my public official adversaries, or McClatchy Newspapers (or any other media intimidated by the McClatchy Gang)…..as if I care.
The media silence is deafening about a story of a citizen journalist that was attacked for exposing public corruption, declared crazy like the days of Stalin’s Russia and then whooped some public officials’ butts in court.
Tell me where it is not a David triumphs over Goliath story?
On the eves of Halloween, October 30th, 2014, I filed a document entitled REPORTING FRAUD UPON THE U.S. EASTERN DISTRICT COURT TO PRESIDING JUDGE MORRISON ENGLAND, JR. in Forte v. Merced County, et al, Case # 1:11-cv-00318-AWI-BAM Doc. 273
The 273 Docket Text Entry refers the court to documents previously filed in the case that provide evidence of the prosecutorial/defense and judicial misconduct that has been ignored by Judge Ishii and Magistrate McAuliffe.
Things should be about to go from bad to worse for some Eastern District Court Judges that have been ratifying gross state prosecutorial/defense and judicial misconduct by Merced County DA Larry Morse along with a cavalcade of other complicit Merced County public officials retaliating against me for exposing public corruption.
Appellant attorney Gregory Chappel of Oakhurst, CA. said that the “DA Morse cabal went into mourning” when the news came of what he called my stunning victory with rare punitive damages before Judge Anthony Ishii and a Federal jury on June 12th, 2014 in the case of Forte v. Jones, Judgment Plaintiff -Doc. 183.
According to numerous law schools, I became the the first in pro per in Federal Court history to try a case for eight days and obtain a unanimous jury verdict with rare punitive damages against a public official for retaliating against me for exposing public/judicial corruption in the Badger Flats Gazette.
I also have the further dubious distinction, courtesy of the DA Morse cabal’s prosecutorial misconduct, of being officially “labeled and scathed” by DDA Turner as crazy at the time.(CT. Doc. 192-14, Pg. 67:23 – Pg. 68:6) (LOL)
This is where the “Fraud Upon the Court” comes in, which is explained in my motion papers with the minimal amount of legalese.
If you are interested in following a real life legal thriller on the lines of a John Grisham novel, the documents I have filed recently will provide many details.
LOS BANOS P.D. DEFENSE COUNSEL RAYMA CHURCH
FEELS LIKE SHE HAS FALLEN DOWN A RABBIT HOLE
(DUG BY MATZKIND)
Merced DA Larry Morse’s attorney, Merced County defense counsel Roger Matzkind, has been “beside himself” since I won the trial.
It goes a long way in affirming my allegations that Mayor Jones’ retaliation against me was covered up by Matzkind’s prosecutor clients DA Morse , DDA Turner, et al., and the Los Banos PD Chief Gary Brizzee.
When I teased Matzkind in a responsive email:
“What? No congratulations on what many have told me was a legal milestone victory? (LOL)” — GF
Instead of Matzkind gritting his teeth and saying something on the lines of minimally “congratulations you a**hole!” , or the unlikely, “great job for stomping out public official retaliation against you,” Matzkind filed a judicial resource devouring smut-filled Motion to Dismiss – Doc. 227-1 that I have dubbed the “Raging Rabbit Motion”.
Matzkind went off like the Trix Rabbit because I addressed an envelope to Merced County Counsels’ Office, Roger “Rabbit” Matzkind….I can personally think of much worse things he qualifies to be called.
My winning Opposition to Motion to Dismiss-Doc. 264 demolished Matzkind and Church.
Matzkind is the Merced County Counsel/officer of the court that had a conflict in both being a defendant and representing the prosecutors in this case from the start.
He knows there is substantial evidence that his clients (DA Morse, James Fincher, et al.) have committed gross prosecutorial misconduct.
Matzkind has heard the audios of Morse saying he could not pursue criminal charges against me without it being considered retaliatory, or punitive in one way or the other.
Matzkind also conspired with his client defendant/prosecutor, DDA Alan Turner and my own public defender Eric Dumars to have me declared mentally incompetent when I was not, without being seen by a Dr. and declared to be delusional so my allegations against them would not be believed.
But at least, unlike Eric Dumars ex-Merced County P.D., he didn’t try to hang himself in the garage with a bungee cord (four days after I filed my Merced County Grand Jury complaint against him, DA Morse, DDA Turner, Dr. Blak, Merced County Counsel, etc.) (Sutton-Hattmaker Report on Dumars)
My winning the trial of Forte v. Jones with rare punitive damages proved I was not delusional about being maliciously retaliated against by Mayor Jones, and I have always said Merced County DA Larry Morse defendants and their counsels (Matzkind/Fincher) have been involved in covering it up.
It went a very long way to proving the reality of their heinous acts that they said were my mental delusions of persecution.
It is now sinking the DA Morse cabal and Matzkind’s ship with rats doing the “bunny hop” down the plank.
I said that Dumars was under the control of DA Larry Morse to have me unlawfully declared to be mentally incompetent (without being seen by a Dr.) to conceal the extent of Morse’s retaliation against me that would be revealed at the criminal trial (that they would lose).
Once I proved myself innocent I could amend my complaint which was on stay in the Federal Court (Forte v. Merced County, et al, 1:11-00318-AWI-BAM)for a cause of action for malicious prosecution.
The DA Morse cabal’s defense counsels, Matzkind, Fincher, Stone, et. al certainly didn’t want that.
It is a simple dime store novel of government prosecutorial misconduct on steroids to conceal their crimes.
WHAT DID I DO TO GET DECLARED CRAZY BY THE COURT?
Reporters Committee for Freedom of the Press
“Consent and its limits: It is always
legal to tape or film a face-to-face interview
when your recorder or camera is in
plain view. The consent of all parties is
presumed in these instances.” (Pg. 4)
My winning Opposition to Motion to Dismiss-Doc. 264 demolished Matzkind and Church.
It put on record again the court ignoring the gross state prosecutorial misconduct and Merced County defense counsel misconduct that caused Magistrate McAuliffe to go off the neutral arbiter reservation in her Order (Doc. 263).
Magistrate McAuliffe issued her (Order Denying Dismissal -Doc 263) that sprawled on for what would be thirty pages with footnotes chastising me for opposing the motion (and winning). Her statements evidenced overt prejudice.
Magistrate McAuliffe Ordering I could no longer put on record evidence of prosecutorial misconduct (when it actually exists) greater than the Sierra Pacific debacle, or speak about it publicly in the Badger Flats Gazette without fear of dismissal is a “manifest injustice” and a “prior restraint of speech“.
It was time for me to first go to her superior, Judge Ishii, and I filed a REQUEST FOR INVESTIGATION BY SENIOR JUDGE ANTHONY ISHII OF OVERT PREJUDICE BY MAGISTRATE MCAULIFFE Doc. 265 for him to assess if Magistrate McAuliffe’s Order exhibited overt prejudice.
I didn’t ask for Judge Ishii to reconsider the Order, and it was not a “complaint” against Magistrate McAuliffe as Judge Ishii mis-characterized it in his Order-271 which was an evasive response to my request.
I have now gone to Presiding Judge England similar to the defendants’ counsels did in the U.S.A. Cal Fire v. Sierra Pacific.
Granted, I did so without paying myself around $800,000.00 in legal fees (or so) they billed their clients for doing a Rule 60 (b) (3) Motion for Relief from Judgement.
The defense attorneys will continue to bill millions of dollars in fees as the battle continues.
Being attorneys and part of the judicial industry, as a matter of “political correctness” they will not point out the U.S. District Judge Kimberly J. Mueller had asked to be removed from the case she been presiding over for four years.
It was reported in the Sacramento Bee that “some of her fellow judges were unhappy that she dropped the case and have vented their feelings in emails circulated privately among themselves”. (Government attorneys want Sierra Pacific lawyers off Moonlight wildfire case, by Denny Walsh)
Where there is attorney misconduct there is usually judicial misconduct.
Federal and state judges that closed their eyes to the governmental prosecutorial misconduct in the Moonlight Fire state case should be held accountable.
If they are not what public interest does that serve? None.
In my case, the fraud upon the Eastern District Court by the state prosecutors and their Merced County Defense counsels is much clearer, and more decimating to American ideals.
It is in the public’s interest to have it addressed.
It has been ignored by Eastern District Court Judges Ishii and Magistrate McAuliffe that I am being attacked by government officials for revealing their public corruption.
The government’s prosecutorial misconduct in the state criminal prosecutions led to me being unlawfully declared crazy is straight out of the gulag days of Russia.
The cases were dismissed over my objection without a trial.
I am not an attorney or part of the judicial industry, and I do not have to be “politically correct” as the attorneys for Sierra Pacific.
I will continue to put on record, and comment publicly, that after first giving Judge Ishii and Magistrate McAuliffe the opportunity to address the gross prosecutorial misconduct they turned their back on it, ratified it, and are now trying to conceal it by a contortion of the facts.
It is, “The Ultimate Injustice: When the Court Misstates the Facts” Cardozo Law Review, Vol. 11: 1313 (1990) by Anthony diAmato, Northwestern University School of Law.
It is a trick to conceal a fraud upon the court by Judge Ishii and Magistrate McAuliffe with the state prosecutors and their Merced County defense counsels.
REPORTING FRAUD UPON THE U.S. EASTERN DISTRICT COURT
On October 14th, 2014 the New York Observer story, ‘Fed Up With Govt Misconduct, Federal Judge Takes Nuclear Option‘ by Sidney Powell commenting upon Eastern District Court Presiding Judge Judge Morrison England’s recusal ORDER Doc. 603 which in part reads:
“Defendants base their Motion on the grounds that the United States’ prosecution of this action constituted a fraud upon the Court when the United States attorneys and the Moonlight Fire investigators and their counterparts in co-pending state actions, operating under a joint prosecution agreement with the United States, advanced a corrupt and tainted prosecution, violated Defendants’ due process rights, and engaged in investigatory and prosecutorial misconduct.2 Id.
Defendants allege that this misconduct was perpetrated by officers of the Court and ultimately tampered with the administration of justice, in a manner that wronged not only Defendants, but also the Court and the public. Id.
According to Defendants, the government’s misconduct compromised the judicial process and amounts to an unconscionable scheme designed to improperly influence the Court’s decisions in this case.3 Id.
In fact, Defendants state that they perceive the Court itself as a victim ‘as it has neither had the chance to fully assess the trust it naturally placed in certain federal prosecutors nor the ability to do so in the context of all that was eventually discovered about the thoroughly corrupt and financially driven Moonlight Fire investigation.’ ECF No. 593-3.)
Judge England, Chief Judge of the United States District Court for the Eastern District of California ordered the recusal of all the Eastern District judges from the case because of serious allegations that the Court itself was defrauded by the government in the original prosecution due to allegations of ‘an appalling deceit and corruption of justice’ in the case of Cal Fire v. Sierra Pacific by Federal and State Prosecutors.”
REPORTING FRAUD UPON THE U.S. EASTERN DISTRICT COURT TO PRESIDING JUDGE MORRISON ENGLAND, JR. (Doc. 273)
On the eves of Halloween, October 30th, 2014, I filed a document entitled REPORTING FRAUD UPON THE U.S. EASTERN DISTRICT COURT TO PRESIDING JUDGE MORRISON ENGLAND, JR. in Forte v. Merced County, et al, Case # 1:11-cv-00318-AWI-BAM (Doc. 273) that started with a quotation from an Oder issued by Judge Anthony Ishii as a preface.
“It is not relevant, for purposes of determining Plaintiff’s competency, if the proceedings that produced the finding of incompetency in the Superior Court were fair, unfair, prejudiced, based upon insufficient or inaccurate evidence, or whether they produced an objectively accurate or inaccurate determination.It is also not relevant whether Plaintiff suffers from a delusional disorder or whether the conspiracy or conspiracies he refers to is/are actual.”
(ORDER by Judge Anthony Ishii, Doc. 156, 2:15-20, July 3rd, 2013)
Eastern Court District Senior Judge Anthony Ishii’s above ORDER (Doc. 156) either ratifies state prosecutorial/defense misconduct that rose to the level of the governmental/political abuse of psychology (as Stalin did in Russia) enacted by the Merced DA Morse state prosecutors and their Merced County defense counsels, Matzkind, Fincher, et al. to interfere with this case (which would be unconscionable), or he is participating in a fraud upon the Eastern District Court with state prosecutors and their Merced county defenses counsel to conceal it.
Plaintiff is not a “complainant,” he is an unrelenting victim reporting a fraud upon the court by E.D. Justices with state prosecutors and their defense counsels that makes the prosecutorial misconduct by the Federal prosecutors in the Sierra Pacific case pale in comparison. (Doc. 273, 2:1-15).
Doc. 273: REPORTING FRAUD UPON THE U.S. EASTERN DISTRICT COURT TO PRESIDING JUDGE ENGLAND
Doc. 273 Text Entry: Lists documents that provide evidence of prosecutorial/defense and judicial misconduct.
WILL ANY OTHER NEWS ORGANIZATIONS REPORT UPON THIS, OR STAY SILENT?
I sent a copy of the email and Report to McClatchy Newspaper reporter Denny Walsh (email@example.com) who had reported upon the recusal Order of Judge England in the Sierra Pacific case. (Judge orders Cal Fire to pay $30 million for ‘reprehensible conduct’ in Moonlight fire case, Sac Bee, 2/06/2014)Walsh promptly informed me that it was not on his “beat” because it was in Fresno, and I should contact the Fresno Bee.
I then sent an email to John Ellis (firstname.lastname@example.org) of McClatchy’s Fresno Bee that has not been responded to.
Ellis had previously reported on my win of Forte v. Jones (Jury awards $17,500 in free-speech case against former Los Banos mayor Tommy Jones, Fresno Bee, 6/19/2014).
I have also sent copies of the report filed and provided to Judge England to the San Diego Union Tribune that had recently reported about the Sierra Pacific debacle and to the Metropolitan News, a prominent legal publication.
I also contacted the New York Observer’s author Ms. Sidney Powell of ‘Fed Up With Govt Misconduct, Federal Judge Takes Nuclear Option‘ and have had no response. Powell recently wrote License to Lie.
Will anyone other than me report on it?
Perhaps you could be so kind as to drop the reporters a line and ask why not, or tell other reporters you may know who may be interested in this story?
Let’s see if news organizations that should be reporting upon this do, but until then, I am certainly not going to hold my breath.
Prudence dictates that for the safety of my family and myself that I should do everything legally possible to bring public attention to this matter as was told to me by Stanislaus Deputy Randy Watkins – Need Public Opinion- you can’t go to the newspapers, because they’re part of it.
I am dealing with some very desperate, despicable, and powerful public officials that are on the verge of having their careers ended.
NOTE: Matzkind, Fincher, Church, DA Larry Morse, DDA Turner, Eric Dumars, Jerry O’Banion, et al, are all welcome to provide a response to this article and have been provided courtesy links.
More evidence in the case against the DA Larry Morse Cabal (aka, Merced County Good old Boys)
→ Read More: MORSE/DUMARS’ CONSPIRACY: DISMISS CASE WITHOUT TRIAL
→ Read More: THE 2011 MERCED COUNTY GRAND JURY HOAX!
→ Read More: DEPUTY SAYS EVIDENCE OF GRAND JURY TAMPERING
→ Read More: COUNTY COUNSEL FINCHER TAMPERS WITH GRAND JURY?
→ Read More: JUDGE BACCIARINI WARNED DA MORSE ABOUT CONFLICTS
→ Read More: JUDGE MCCABE ORDERS FORTE NOT TO CALL OR FAX COURT?