PREFACE: Oh! The irony of it all for Eastern Federal District Judge Anthony Isshi. Shortly after Judge Isshi took over the case Case 1:11-cv-00318-AWI-BAM Forte v. County of Merced a.k.a., what I now call Me vs. The Morse/Pazin Merced County Cabal, he announced his retirement.
It seems that Judge Ishii was tossed a pretty Hot Potato to juggle with at the end of his career.
Then the Honorable Judge Ishii torpedoed (dismissed) my case (without leave to amend) against the Morse Cabal defendants.
He then “stayed the case” against the Sheriff’s Department defendant pending the outcome of the criminal prosecution of me (by the same cabal defendants).
The logic is that if I am convicted of the crime I was charged for, then there was no false arrest. It makes sense..but only to a very limited point. There were many other causes of action against the Morse/Pazin cabal defendants.
The complaint alleges their obstructing justice, concealing death threats that I received and slamming my head against a door when I was handcuffed. (Note: What they just did shows their guilt in spades in trying to enact a fraud upon the court and me.)
Judge Ishii denying me the opportunity to amend my complaint to state a clearer cause of action is highly unusual.
Many complaints are amended a multiple number of times. It is quite common, especially in Federal court and when you are in pro per (self-represented with no attorney).
There are a couple of simple questions (when you think about their possible answers) that reveal the conspiracy between the Merced County Public Defender’s Office and the Merced County District Attorney’s Office. The plan was to have me railroaded into being declared mentally incompetent to deny me my right to prove myself innocent at trial.
The evidence at trial would show that I am innocent. At the same time, the evidence would show that they are guilty of false arrest, retaliatory prosecution, police brutality, etc., with the soon to be added party, Eric Dumars and the Merced County Public Defender’s Office.
Here are the questions that reveal the conspiracy:
1. Why didn’t DA Morse object to me being declared mentally incompetent? The county must have spent tens of thousands of tax payers money since 2009 pursuing misdemeanors against me.
2. Why didn’t Morse or Judge James Cadle ask Dumars something like,
“Golly Gee, Mr. Dumars, Forte writes legal papers that put many attorneys to shame. Forte’s written and won appeals. DA Morse has himself said Forte has more experience than many attorneys. What are you talking about, Mr. Dumars? Can you offer me some proof as to why you think your client is incompetent to stand trial? Come now, Mr. Dumars, is Mr. Forte using this as a ploy to get him out of going to trial?”
Now, here is the real corker for Judge Ishii.
He has been presented substantial evidence of the Morse/Pazin cabal, aided by their attorney Roger Matzkind, committing acts against Forte that not only demand they be brought back into the suit..but also reported to law enforcement.
Is Judge Isshi seriously going to say after reading the document below and attached exhibits which I prepared that I am not mentally competent to aid in my defense?
Does Judge Ishii really believe that Morse, Dumars and Judge Cadle actually think I am not mentally competent enough to stand trial?
Why in the world would I not want to go to trial?
More than being innocent, I was framed by a group of public officials that were retaliating against me for exposing the fraud concerning the millions of dollars being siphoned off from the Underground Storage Tank Fund under the guise of Merced County Ordered remediation work.
As an example of my defense, Stanislaus County Deputy Randy Watkins was subpoenaed (by my previous attorney Cole) to testify that he reviewed the Merced County PD arrest reports of me and, well, I invite you to listen to some of them for yourself. Deputy Watkins 1 Deputy Watkins 2 Deputy Watkins 3 Deputy Watkins 4
As they say…. the jig is up for Judge Ishii and his law clerks if they have been overly gratuitous in trying to avert accountability for the Morse/Pazin Cabal defendants in the past. It won’t be so easy to sweep this under the carpet….without looking either legally inept or worse…. implicated in giving get out of jail free cards to cabal members by staying silent.
In my opinion, and my request to Judge Ishii is that he:
- lift the stay of the proceedings.
- order an evidentiary hearing.
- issue a finding that the defendants and their counsel have obstructed justice.
- issue a verdict in my favor.
- assemble a jury to hear the damage phase of my litigation against the cabal.
- contact Federal authorities in Washington, D.C. to investigate Merced County law enforcement.
- issue a Federal Consent Decree over Merced County.
- order a Federal Grand Jury be convened to render criminal indictments against a number of the defendants, their counsel and mine, Mr. Dumars.
After you read the document filed in the Eastern District Federal Court Case 1:11-cv-00318-AWI-BAM Document 113 Filed 10/01/12 Page 1 of 21, and review a few of the blogs, I think you will tend to agree that I am not mentally incompetent ..and my requests are reasonable given the evidence.
Note: The document is readable in its ORIGINAL FORMAT filed with the Eastern District Federal Court above. The same document has been Badgertorialized with pictures and additional hyper-links below. The document is 21 pages & 7,015 words (not including the hyper-linked exhibits).
Take your time. Reading the exhibits is very important. It tells an interesting and alarming story of government corruption vs. the lone citizen (me with the support of my family and a growing number of supporters) standing up to it.
You can assist in justice being served by spreading the word of this website so that others can judge for themselves if I am crazy or if there is evidence of a conspiracy by the government actors to silence me.
They are trying to deny me my criminal trial which would prove my innocence and prove their guilt by having me declared mentally incompetent based upon nothing.
It is worse than Russia in its darkest days.
The conspiracy to silence me leads all the way to Secretary of Defense Leon Panetta.
YouTube Badger Bite: Forte’s Conversation with CIA Director Leon Panetta (The Illusionist)
You can help make sure this becomes addressed by helping to generate public opinion and discussion.
I am saying that McClatchy Newpsapers is covering the story up. I believe the reason is that if this story came out, other citizens in other parts of the country would say, “you know what, that is what I think they are doing here.”
Please listen to an audio clip of Active Stanislaus County Deputy Randy Watkins saying what needed to be done.
- Note: Regretfully, as of today October 6th, 2012, Deputy Watkins has not yet provided me the Patterson PD Report I filed on September 1oth, 2012, seeking out of jurisdiction assistance. I believe that his superior Chief Tori Hughes is under orders from either DA Birgit Fladager and/or Stanislaus County Sheriff Adam Christianson not to provide me a copy of the PD Report which would start a process of investigation. They are now mimicking the bad conduct of Merced County Law enforcement. In criminal terms, it is called aiding and abetting a crime.
Eugene Forte (hereinafter “Forte”), plaintiff in this case and defendant in the underlying criminal case in Merced County submits this status report of events.
The following document lays out just a few of the pieces of evidence that indicate that there has been a conspiracy by the herein defendants (namely Morse, Turner, Pazin, Fincher) with Forte’s criminal defense attorney, Merced County Acting Public Defender, Eric Dumars, and their counsel Roger Matzkind counsel to obstruct justice in the criminal case of CRL001412 & CRL003409.
The utter breach of this court’s duty to fulfill its obligation according to its judicial canon of ethics has culminated in the defendants being so brazen as to orchestrate an unlawful order for the mental evaluation of plaintiff Forte.
The objective of the conspiracy according to Dumars was to have Forte declared mentally incompetent so that the criminal case could be dismissed without trial (over Forte’s objection), thereby denying Forte his day in court to prove himself innocent, and to show the herein defendants guilty of a number of violations of the law done under the color of law….not to mention the destruction of a 2009 Merced County Sheriff Department Citizen’s Complaint and tampering of the Merced County Grand Jury investigation of defendants…with McClatchy Newspaper defendants, through their counsel Karl Olson, keeping the story blacked out to citizens.
A. STATUS OF UNDERLYING CRIMINAL CASE, MERCED CASE #CRL001412
According to MINUTE ORDER, Document #112, filed on July 10th, 2012, the defendants were to notify the court “upon the conclusion of the criminal case pending in the Merced County Superior Court, People v. Eugene Forte, Case No. CRL003439”. Forte brings the court’s attention to the fact that defense counsel Roger Matzkind, the Paul Revere of dissimulating half-truth information about the status of the criminal proceedings, seems to have lost his steed.
It appears that usually Johnny on the Spot, Matzkind, who previously took it upon himself to notify the court of the status of the matter (incorrectly, Forte adds), is as quiet as a church mouse. Forte submits that though technically there has not been a “conclusion of the prosecution,” there has been metaphorically a murder of the herein plaintiff, Forte, by the herein defendants who are working together in the underlying criminal case to influence the outcome of this subject case, the defendant executioners. It’s called extrinsic fraud to obstruct justice.
1. The First Move – Declare Forte Incompetent.
On September 17th, 2012, in a brazen abuse of process done under the color of law, the herein defendants with and through their counsel Matzkind involved themselves in a conspiracy to obstruct justice with Acting Merced County Public Defender Eric Dumars to set the first stage of having criminal defendant, and herein plaintiff, Forte, declared mentally incompetent.
In response to Dumars’ last minute oral, unnoticed and unfiled motion to request that the mental incompetency procedure provided by Penal Code §1368 (PC §1367 et seq.) be granted, Cadle immediately rubber stamped and ordered a mental evaluation without a scintilla of evidence, let alone the “substantial evidence” required by California Penal Code §1367 et seq. and California Rules of Court 4.130, Mental Competency Proceedings, presented by Dumars.
See Exhibit “1” Order dated September 17th, 2012 by Judge James Cadle. See Exhibit “2” Court transcript of September 17th, 2012 hearing of CRL001412/CRL003409. See Exhibit “3” California Rules of Court (Revised January 1st, 2012), Rule 4.130. Mental Competency Proceedings. See Exhibit “4” California Penal Code §1367.1.
The code provides for a mental incompetency hearing to be heard by judge or jury. However, apparently according to case law, Dumars can waive a jury trial for the incompetency hearing despite Forte’s objections when the code is being applied for its lawful purpose, not as it is in this case.
Forte informed Dumars and the court in a letter dated September 18th, 2012 (Exhibit “5” September 18th, 2012 letter to Judge James Cadle) the following:
“With that said, this letter is being presented to the court and will be filed in declaration form as soon as possible. I do request a trial by jury of the incompetency proceedings that I objected to.” (Pg. 4)
Forte also asked both Dumars and the court in the same letter:
“I also ask the court to please inform me if I have the right to have counsel assigned by the court to either represent me in such proceedings, or act as stand-by counsel. I AM NOT AT THIS TIME ASKING FOR AN ATTORNEY TO BE ASSIGNED TO ME…ONLY ASKING IF I HAVE THAT RIGHT.” (Pg. 4)
Forte repeated his requests in a recorded phone conversation with Dumars on September 25th, 2012 (See Exhibit “6” 120925 transcript of conversation with Dumars), and again in an email of September 25th, 2012 (See Exhibit “7” email of September 25th, 2012) that Forte demanded a jury trial.
It has been Dumars’ course of conduct since his being to assigned to Forte’s case on May 25th, 2012, not to be responsive to any request for information, made in writing, or verbally by Forte. Therefore, Dumars, in his usual cavalier way, did not respond to Forte as of September 28th, 2012, prompting Forte to send another email on Friday, September 28th, 2012, requesting answers to his previous questions not responded to (See Exhibit “8” email of September 28th, 2012).
On October 1st, 2012, Dumars sent an email that did not respond to a single question posed by Forte in his conversations with Dumars on September 25th, 2012, or to the repeated questions in Forte’s emails of September 25th and September 28th, 2012. Forte then on October 1st, 2012, attempted to call Dumars and also sent him an email requesting again that Dumars be responsive to Forte’s questions seeking legal advice and legal opinions concerning the competency proceeding. (See Exhibit “9” email dated October 1st, 2012 from Dumars with reply by Forte).
Dumars has told Forte that he has not made a decision as yet if Dumars will attempt to waive Forte’s request for a jury trial. It is a prolonged water drip torture by Dumars and his accomplices, the herein defendants, led by Morse, Matzkind and Fincher to increase the pressure upon Forte.
Forte has been waiting over two weeks (14 days) to hear from the court appointed doctors to arrange the evaluations. Forte has tribulations submitting to the court order given the circumstances that Dumas could waive a jury trial and have Judge Cadle rubber stamp a finding of mental incompetence.
2. The Second Move – Dismiss the Case Based on Mental Incompetence.
In the recorded conversation of September 25th, 2012 (Ex. “6” Transcript of recorded conversation), Dumars disclosed to Forte that “his confidantes” within his office, whose identity Dumars refused to disclose, planned to have the criminal case dismissed due to having Forte declared mentally incompetent to stand trial or to aid his counsel in the defense of his case.
It was the objective of the conspiracy orchestrated by herein defendants to deny Forte his right to a criminal trial where he could not only prove his innocence but expose the multitude of abuses done under the color of law to him by the herein defendants.
Forte has no doubt that if he were permitted to present his case to a jury with the assistance of stand-by counsel, the jurors would be asking how they could make sure that Judge Cadle, Dumars, Morse, Fincher, Pazin, Matzkind et al were either arrested and/or put under investigation by neutral parties (if one could be found).
The letter of August 28th, 2012 authored by Forte and (See Exhibit “10” letter dated August 28th, 2012) sent to defendant Merced Sheriff Mark Pazin and Undersheriff Thomas Cavallero documenting the obstruction of justice by the destruction of Forte’s 2009 Merced County Sheriff Citizen Complaint (against Deputy Sheriff Defendants for excessive force and false arrest) is what caused the defendants to panic. It provided substantial evidence that Matzkind and defendant Fincher could be the culpable parties that destroyed the complaint.
Copies of the letter were sent to Dumars, Merced County District Attorney Chief Investigator Patrick. Lunney, County Counsel Roger Matzkind, Merced Superior Court Presiding Joke Brian McCabe, Assistant Presiding Judge Ronald Hansen, California Attorney General c/o Assistant AG Michael Farrell, Licensed California Investigator Warren Yates, US Department of Justice/OIG Mr. Michael Barranti, the FBI Fresno, the FBI Sacramento, Stanislaus County DA Birgit Fladager and Fresno DA Elizabeth Egan, and the holier than thou, Leon & Sylvia Panetta Institute for Public Policy whose motto is “Inspiring Lives of Public Service for the Health and Future of Democracy” (What a bunch of holy horse crap that is!) along with a slew of other complicit officials watching on (this court so far included) while I am treated as a political dissident in Russia would have been.
B. INTENTIONAL DURESS CAUSED TO FORTE.
With the above said, Forte is understandably under duress having to contend with now an incompetency hearing, and an oral argument in a civil case set for October 10th, 2012 before the Fifth District Appellate Court, and meeting production deadlines in the case of Forte vs. the Summerfield Hyatt, Pleasanton Police Department.
Such case was undermined by the insurance carriers of the herein defendants by causing Forte’s counsel Bill Lapcevic in the case to abandon Forte under the guise that Lapcevic’s Firm, Arrata & Swingle also provided the legal services for the insurance company that provides coverage for the Pleasanton PD and other government entities, i.e., Los Banos and Merced defendants in this case.
Plaintiff intends to amend this subject complaint to bring back in the Hyatt Summerfield Suite and the Pleasanton PD who acted as thugs for the Los Banos PD by rousting Forte and his family out of his pre-paid suite because they didn’t like what he wrote about the death threats covered up by the herein defendants for ex-Mayor Tommy Jones of Los Banos.
Forte authored a letter to Connie Rushing, this court can call him a Justice if you care to, Forte will not. The letter dated September 26th, 2012 (See Exhibit “11”) asks the Sixth Appellate Court and the Fifth Appellate Court to explain the anomaly that Forte’s civil cases that emanate from Monterey in the jurisdiction of the Sixth District are now being heard in the Fifth District.
No attorney plaintiff Forte has spoken to has ever heard of such a thing.
C. THE OBVIOUS DISASTROUS CONSEQUENCES OF JUDGE ISHII’S PREVIOUS ACTIONS.
This court, Judge Ishii, previously and erroneously dismissed the defendants without leave to amend the complaint. Judge Ishii gave them the green light to run rampant over Forte’s rights with no fear of repercussions or investigations.
Judge Ishii stood by knowing that it was beyond specious that the FBI has been ordered by US Attorney Wagner not to investigate evidence of criminal acts by defendants against Forte. Judge Ishii curiously and incorrectly suggested the criminal matters were being addressed within this civil case.
Judge Ishii’s order made tacit threats that if Forte sought law enforcement avenues for redress against the defendants, it would be prohibited. Forte reminds Judge Ishii that he is not a criminal prosecutor.
The illicit conduct of the defendants and their counsel has made a mockery of this court. Forte warned Judge Ishii, and now the defendants have tarnished Judge Ishii’s reputation. Forte had notified Judge Ishii before to be on the lookout for their actions and not be put in a position that Judge Ishii supported them. Judge Ishii, and regrettably some of his law clerks, didn’t heed the warning.
D. FORTE’S REQUEST FOR JUSTICE.
The first step of this court, or any court has in re-building Forte’s belief that there is going to be a fair forum is for this court to come down hard on the defendants. Pin Matzkind’s ears back by either sanctioning him, or ordering him off the case…report him to the state bar…choose whatever severe suitable punishment would be appropriate…but please take some corrective action.
The demise of the DA Morse Merced County cabal will lead to the ultimate public fall from grace of The Leon & Sylvia Panetta Institute in Monterey. Does that dishearten Judge Ishii?
All Plaintiff Forte has always asked for is fairness. Now, due to the assault upon the very fiber of Forte’s existence, his sanity questioned, and the public obloquy to him, his wife and his children, Forte submits that fairness now requires prison sentences for the culpable parties.
The defendants have committed worse than murder, they have brought into question the very essence of Forte’s soul and the values he has bestowed upon his children. When the dust settles, the despicable defendants will have brought disgrace (disgracefully earned) to the FBI, DOJ and every other law enforcement agency and public official that slammed their doors on Forte and his family seeking intervention to stop the tyrannical assault upon them.
The defendants just orchestrated with Judge James Cadle under the color of law a mental evaluation of Forte in the criminal complaint that is at the heart of these matters.
Panetta would have officially only missed Judge Ishii’s swearing in ceremony. Was Panetta present at the ceremony?
Forte does wonder how close a relationship to Panetta, if there is one, Judge Ishii has.
Forte now can’t help to wonder if Judge Ishii and Panetta passed in the hallway, or knew each other from before, or stayed in communications concerning home state skullduggery wherein Forte found Panetta’s son’s law firm, Fenton & Keller, involved with what Forte alleges was “trial fixing” with Judge O’Farrell, Duncan and Silver.
Does Judge Ishii know, or did he solicit the support or nomination of Panetta for his appointment? Personally, Forte sees nothing wrong with that.
What Forte would see wrong is if Judge Ishii feels obligated to return any favors to Panetta for any reason, who Forte says is at the bottom of keeping a lid on this jihad against Forte by public officials with the aid of McClatchy Newspapers.
B. BOGUS UNDER COLOR OF LAW COURT ORDERED MENTAL EVALUATION
Again, Plaintiff Forte informs the court that on September 17th, 2012, Merced County Acting Public Defender, Mr. Eric Dumars, obtained under the color of law a court ordered mental evaluation of Forte. The criminal proceedings are stayed indefinitely until after a competency trial that Forte demands a jury for.
Forte is fearful that Dumars could waive a trial by jury over his objection and then have Judge Cadle rubber stamp an order of incompetency.
The Order to initiate competency proceedings was more than an abuse of discretion, it was an abuse done under the color of law of P.C. §1367 et seq. and California Rules of Court §4.130 to violate plaintiff’s civil rights and obstruct justice. The transcript shows the blatant rubber stamping by Judge Cadle.
Plaintiff submits that if Judge Cadle permitted Dumars to waive Forte’s right to a jury trial, it would be clear to any reasonable person that the fix was in from the start to take control over Forte’s criminal defense and to either recuse DA Morse or dismiss the case based on mental incompetency (not on the merits) over the specific objections of Forte.
Every previous counsel that has represented Forte was aware of and agreed a Motion to Recuse should not be done….but then at the last hour, insisted that it must be done and bolted from the case as Ms. Barbara O’Neill did prior to Larry Cole.
C. NO TURNING BACK – TRIAL ON COMPETENCY REQUIRED AND FORTE DEMANDS JURY TRIAL.
Dumars, either by choice or by being coerced, now needs to complete his underhanded part of the conspiratorial plot with defendants. It is sink or swim and no turning back now that there has been ordered a mental evaluation in violation of all court procedures.
Dumars is being exposed to the legal community as saying that first his primary reason for seeking an order of mental incompetency was due to Forte recording all of Dumars’ conversations and meetings with his implied consent since May 2012.
Dumars tries to assert that he always said he “didn’t like being recorded” when he was being recorded….and then Dumars continued to speak.
Now, on September 25th, 2012, the real nefarious cat was let out of the bag in that the reason for seeking Forte to be declared mentally incompetent was to deny him his right to trial to prove himself innocent of the charges and expose the guilt of the herein defendants (and their counsel Matzkind) of obstructing justice, false prosecution, police brutality, etc..
It has been a clever ruse by DA Morse and the attorneys assigned to Forte by DA Morse’s wife, Ms. Cindy Morse, to commandeer a vindictive, retaliatory prosecution. The ulterior motive in doing so is that Morse can escape accountability along with his other herein co-defendants for abuses done under the color of law.
The ruse has run its course due to Forte insisting that all communications between him and his counsels be recorded.
(The reason for this is that Forte has evidence that the prosecution has intimidated his previous counsel into betraying Forte, not to mention the fact that the Public Defenders’ Office had previously declared a conflict which purportedly but not legally disappeared for the Acting PD Dumars. Forte already filed a letter in this case from Larry Cole stating the prosecution was intimidating him into dumping Forte before the last scheduled trial.)
For the fair administration of justice, Forte submits that this court, due to it being so keenly aware of the circumstances Forte has brought before it concerning what he calls the cabal by defendants, cannot in good conscience, or in accordance to its duty, permit Judge Cadle to allow Dumars to waive trial by jury. Dumars’ premise is that Forte is incapable in aiding in his defense when the exact opposite is true.
There would be no truer test than to have Forte’s peers judge the evidence Forte can present at his competency hearing supporting his belief that there is a conspiracy by the herein defendants along with their counsel Roger Matzkind that involves Forte’s own public defender, Eric Dumars, to silence Forte and undermine his criminal case to escape liability in this case.
The jury can decide if Forte is rational or not.
The jury can decide if Forte is mentally competent to aid in the defense of his case…not Judge Cadle who outrageously abused his discretion (under the color of law) and ordered the mental evaluation without a scintilla of evidence presented by Dumars supporting his request.
D. EVIDENCE OF JUDGE CADLE’S BIAS
The relevant evidence that Forte possesses for his defense is what he submits gets handcuffs put on a number of herein defendants once investigations are initiated. Dumars, for herein defendants, is on a mission to take control over the case that plaintiff certainly is more than competent to assist in his defense.
The records will show that there is pending in the Merced Criminal case an outstanding scheduled motion which was not heard by the court prior to Dumars being assigned. It was the second part after the successful Marsden Motion which necessitated the court to terminate the services of Mr. Larry Cole. The motion was a request by plaintiff/criminal defendant Forte for the assignment of stand-by counsel for trial.
Judge Cadle has deliberately ignored the motion since February of 2012, and never called the motion for oral argument, and instead forced a defense counsel from the Public Defender’s Office, that previously declared a conflict, upon Forte. Judge Cadle is also the judge that insisted on record that the original citizen’s complaint (now evidenced to have been destroyed) was in Defendant Picinich’s file, but refused Forte’s request made by his attorney Larry Cole to view the complaint during the Pitchess motion.
Immediately after that same motion, Forte asked the Sheriff’s representative while still in the audience area of the courtroom to allow Forte to view the complaint in the file which he did.
The original was NOT in the file.
It was a copy of the citizen complaint filed in this subject case and had the Federal Court file stamp across the top. Matzkind was at work, attempting to hide the fact that the original complaint has been destroyed by his clients, by providing a copy of the complaint filed herein to disguise the fact that the original was destroyed which violated California Government Code §1222 and was a misdemeanor violation of California Penal Code §832.5.
Forte submits that even a cursory review of the documents presented herewith, i.e., the September 17th, 2012 Court Transcript, Rules of California Court 4.130. Mental competency proceedings, CA PC §1367, et seq., indicate that Judge Cadle abused his discretion under the color of law by issuing an order for a competency hearing on an unnoticed motion, without a scintilla of evidence presented or filed, orally or in writing.
Judge Cadle willfully and in conspiracy with Dumars and the defendants Turner, Morse, Fincher, Pazin, et al violated every provision of California Rule of Court 4.130 including Dumars not meeting the required standard of “Substantial Evidence.”
After the hearing granting Dumars’ request to initiate competency hearings over Forte’s objection, it becomes very evident that Judge Cadle is prepared to rubber stamp any motion that would benefit the prosecution’s true agenda, which is to destroy Forte’s credibility and to prevent the presentation of Forte’ evidence which reveals their crimes and harms them.
E. DUMARS WAS NOT PREPARED FOR TRIAL
Flat out, Dumars was not prepared to go to trial to defend plaintiff on October 16th, 2012. There were no pre-trial motions filed by either side, indicating there was an agreement between Morse and Dumars to concoct a scheme to abort the trial.
Dumars, in his conversation of September 25th, 2012, does not answer if he had any of the considered to be “meritorious motions” Dumars had purportedly been prohibited from filing by Forte.
The motions in question were a Motion to Recuse DA Morse (letting him off the hook), which Dumars knew Forte would never consent to, and a Motion to Sever the cases already ordered consolidated by the court (which could be considered sanctionable conduct if not based upon new evidence. There was no new evidence as far as Forte knew).
Plaintiff sought to have communication with Dumars a number of times to absolutely no avail concerning the trial preparation of his criminal case set for October 16th, 2012.
The court will find faxes, emails, and items mailed certified were sent to Dumars on July 12th, 14th, 20th, 23rd , 26th and 28th, 2012, August 9th, 13th, 20th and 28th, 2012, September 3rd, 9th, 11th , 13th, 18th and 20th, 2012. For examples, see copies of emails such as: Ex. “12” email of July 26, 2012, Ex. “13” email of July 28, 2012, Ex. “14” email of August 13, 2012, Ex. “15” detailed email of August 13, 2012, Ex. “16” email of August 20, 2012, and Ex. “17” email of September 9, 2012.
Plaintiff is not going to take the time to drudge through each email pointing out how many times he was attempting to make sure that Dumars was preparing for trial. Dumars was not preparing for trial in the least bit. He terminated the investigator, Warren Yates, as a punishment for Yates filing a report of a felony false police report by arresting Deputy Scott.
Dumars fired Yates in order to stop any further investigation by Yates that would reveal more felony false police reports. Dumars did so in order to undermine Forte’s defense of his case. In fact, since May 25th, 2012, Dumars did not hire any investigator to complete the investigation of Forte’s cases.
The multiple emails by Forte create the false illusion that plaintiff was badgering Dumars. Not so. A review of the paper trail/phone messages will show that plaintiff has been patiently waiting for responses to emails from as early as July.
It is like chasing a dead beat debtor that seeks a TRO due to alleged harassment when he has never returned one call. The letters are attached to Forte’s declaration filed herewith.
The content of the letters reveals reasonable and rational questions concerning the preparation of the case never being answered by Dumars. There were never any responses by Dumars to questions posed such as in the email of September 9th, 2012 (Ex. “17”):
“I request that you provide to me in writing your chronology of my cases, the witness list for trial, etc., and a list of what you have done to prepare for my defense since you were assigned the case on May 25th, 2012.”
It appears Dumars had no intention of going to trial. Forte submits that this has been his plan of attack along with DA Morse, et al, to extricate Merced County defendants from paying the price for what they have wrongfully done to Forte.
F. ULTIMATE PURPOSE OF THE COMPETENCY TRIAL – TO DENY FORTE’S RIGHT TO HIS CRIMINAL TRIAL — AN ABUSE OF PROCESS
The damage is done; the public attack upon Forte has been done. Dumars stated in a recorded conversation of September 25th, 2012 (Exhibit “6” transcript, Exhibit “22” CD of audio) and posted at Badger Flats.com that he and his “confidantes” in the office (which had previously declared a conflict) plotted that if I was to be declared mentally incompetent, they could file a Motion to Dismiss that had to be granted in misdemeanor cases according to code even over the objections of defendant/prosecutor Morse/Turner (as if they would object).
There would be no trial.
It is an egregious abuse of process, brought for an improper purpose.
The main problem is that Forte is not mentally incompetent. Forte does want to go to trial to prove his innocence which, in doing so, will prove the herein defendants and yet unnamed ones, liable to Forte for damages.
Further, criminal indictments would have already been filed if not for all law enforcement agencies standing silent in silent support of the assault upon Forte.
It was the objective of the defendants with Forte’s counsel Dumars to have Dumars take control over the case to either recuse them against Forte’s specific directions not to, or now the most draconian step of dismissing the case by having Forte found mentally incompetent.
Forte does not doubt for a minute that DA Morse et al has been trying to get each and every one of his previous attorneys to “drag the case out” and “throw the case” against Forte.
G. THIS COURT’S INTEGRITY IN QUESTION
Forte repeatedly told this court, Judge Ishii, that defendants’ actions were getting worse by the moment as they try desperately to maneuver away from liability in this suit, and more importantly, not get themselves criminally investigated and arrested. They have become like wild dogs on the attack.
Forte told Judge Ishii that the court not reigning in the defendants and their counsel Roger Matzkind/James Fincher, who think they can commit crimes for their clients under the banner of the litigation privilege, was going to bring into question his integrity. It is now there; if Judge Ishii does not put its foot down firmly on these hooligans’ necks, no neutral party would believe he was an impartial judge.
Though Judge Ishii is going into retirement after an illustrious career, the illicit shenanigans by defendants and their counsel, if not forcefully addressed by Judge Ishii is what he will be remembered for.
H. TYRANNICAL ATTACK BY GOVERNMENT ACTORS UPON FORTE
In short, what is going on is age old tyrannical ploy of metaphorically putting Forte in stocks and branding him with “SL” for Seditious Libel. Doesn’t the court get it? Forte submits that the court does… but is looking the other way at the behest of Panetta and/or his minions, such as Bill Lockyer or ex-Chief Justice George.
At present (October 1st,2012) Forte is still waiting for a return phone call from Dumars informing him if he is going to attempt to waive Forte’s request for a jury competency trial.
It is far more than incredulous as the court listens to Forte’s conversation of September 25th, 2012 with Dumars that it is a foregone conclusion of his that Forte will be declared mentally incompetent and he will dismiss the case…only at the cost of Forte being declared nuts and for the benefit of the Merced cabal not being exposed at trial.
The email of September 25th, 2012 (Ex. “7”) to Dumars of 1:32PM states:
“It is clear from your conversation of today (Sept 25th, 2012) that you and members of your staff concocted a plan to under the color of law have me mentally evaluated to take control over my cases when you knew there was no evidence of me being mentally incompetent. It was a false presentation to the court to commit a fraud upon me. You have been instructed by me that you are not to waive my trial to jury in the competency hearing.
If you do attempt to waive my jury trial it will be easily seen as you trying to prevent me from presenting evidence of my competency of being able to assist in my defense. I request for you to inform me specifically who the individuals are you discussed my case with in your office?”
Dumars has refused to provide the names of his “confidantes” he has been discussing the matter of concluding that Forte was mentally incompetent with. Plaintiff certainly is entitled to know who they are.
Dumars does not even minimally suggest during the conversation of September 25th, 2012 (Ex.”6”), that a Motion to Dismiss could be sought on the evidence of gross prosecutorial misconduct, i.e., the DA having an admitted conflict yet investigating and filing charges, missing video tapes from court security cameras directly overhead when Forte’s arrest took place and false police reports, etc..
Every other attorney prior to Dumars concluded that a Motion to Dismiss based upon such was the appropriate motion…but when it finally came time to file it…they ran away so as not to draw reprisals from Morse and the other co-defendants herein.
Several California licensed attorneys are flabbergasted by the brazen arrogance of the Merced Court and the herein defendants for creating this Star Chamber ordering Forte’s mental evaluation.
One attorney states after his review:
“Re your 9/25/12 conversation w ED (Ex. “6”), one of the most important points was his statement that he advised you that he was going to make a Motion to Dismiss your complaint – not on the ground of the prosecution admission(s) of having a major conflict(s) of interest, or on the ground of egregious prosecutorial and other government bad actors misconduct – but on the ground that you are mentally incompetent to aid in your defense. (ED jumped the gun at the 9/17/12 hearing (Ex. “2”), when he stated “… at this time I’m asking the Court to make a finding — well, I’m asking the Court to accept the declarations that Mr. Forte is not presently able to assist counsel at this time. …” Further, as discussed, no papers or declaration(s) were filed with the Court [at, before or subsequent to that hearing}, not a single fact was presented at that (purported) hearing, and the judge failed to even inquire – much less demand such, which the procedure/law requires, but instead states when ED was finished speaking, “Very well.” Clearly it appears from that transcript of that hearing alone) that DA LM, ADA AT, your atty A-PD ED and Judge Cadle have been having ex parte communications and have agreed on a plan of how to dispose of the case(s) against you – and their predicament (all having ignored their oaths office & commensurate duties, the law and your rights, and acting in concert to do such.) Then ED jumps the gun again, in the 9/25/12 conversation (Ex. “6”) , indicating that he already knows what the outcome of the Drs.’ interview/exam, report and conclusion(s) will be re you.
Forte’s previous attorney, Larry Cole, was perplexed as to why Dumars wouldn’t make a Motion to Withdraw if there was a drastic difference of opinion with plaintiff. But as Cole said, just because you disagree, or because Forte is recording the meetings, it is not grounds for mental incompetency.
Forte has already had conversations with California attorney Mr. Gerard Rose who has been the opposing counsel to Forte for close to ten years. Rose has lost two appeals to Forte and presently is scheduled for oral argument before the Fifth District Appellate Court on October 10th, 2012. The incredibly specious anomaly is that the case is Monterey Superior Court case of Forte v. Lichtenegger which is within the jurisdiction of the Sixth Appellate Court has been transferred for reason unknown to the Fifth Appellate District. No attorney, appellate or otherwise, has ever heard of such a transfer of jurisdiction before.
You will find a letter dated September 26th, 2012 (Ex. “11”) to the Fifth Appellate Court c/o Connie Rushing of the Sixth Appellate Court. Forte asserts that if this court takes affront to his not paying what he knows would be undue respect to Rushing, especially after there has been an open attack upon his sanity which emanates from Rushing not taking corrective action years ago, well, please take that up with Rushing.
I. COMPLICIT AGENCIES
Forte could go on infinitum loading into the record relevant evidence that the defendants are continuing to commit acts that are both civil and criminal in nature. The FBI, as this court knows, informed Forte that US Attorney Wagner told them not to investigate any abuses done under the color of law against Forte. Licensed California Investigator Warren Yates filed a complaint regarding the felony false police reports by Deputy Scott with defendant DA Morse who orders his office not to even acknowledge that they received it.
Both Yates and Forte left messages for the Fresno, Sacramento and FBI offices duty agents to file a complaint concerning the lockdown of Merced County law enforcement preventing investigations of their conduct and never received phone calls back from any of the offices.
The letter of September 20th, 2012 (See Ex. “18”) to DOJ/OIG Michael Barranti puts him on notice that there is trouble brewing that the DOJ/OIG should have already investigated.
For every public official, law enforcement agency and jurist that comes into contact with the bludgeoning of Forte by these defendant public officials and do not take action to stop it, Forte will do his best to have them draw the ire of the public and be held accountable.
Forte has also sought law enforcement help from adjacent counties surrounding Merced County to have them seek law enforcement intervention to stop the Merced County Morse cabal against Forte….or go down with them. The court will see that Forte has contacted the Stanislaus County DA Birget Fladager, who Morse had sought to prosecute the case against him. There has been no response. (See Exhibit “19”). Obviously, Fladager’s bread is buttered on the side of an out of control law enforcement in Merced County.
Forte has been stymied by the Patterson Police Department Chief Tori Hughes delaying in providing a written copy of the police report filed with Deputy Randy Watkins on September 10th, 2012. (See Ex. “20”).
Forte has attempted to report the criminal activity of Merced County officials to Fresno DA Elizabeth Egan with only a response by her Chief Investigator Gregory Noll running interference for his brethren Merced County DA Investigator Patrick Lunney to no avail. (See Ex. “21”)
It seems that the influence of US Attorney Benjamin Wagner directing the Fresno FBI not to investigate any abuses done under the color of law to Forte has far reaching effects. Plaintiff has already produced the audio recordings of the FBI verifying that in fact is what was told to him. Basically, all law enforcement and government officials think this is all just going to blow away like the wind. Perhaps it will end with my incarceration in a mental asylum courtesy of the Merced Cabal that your honor is watching over and has before him as defendants in this case.
Well, not technically due to the dubious generous sliding under the table of a get out of jail free card to the defendants….courtesy of who, your honor….Mr. Leon Panetta?
Plaintiff assures your “honorable” Judge Isshi he can bet his robe that THIS WILL NOT GO AWAY WITHOUT SOME OF THE DEFENDANTS BEING ARRESTED.
It is Forte’s position that there is substantial evidence that defendants have brazenly abused the civil rights of Forte under the color of law to have the criminal prosecution dismissed in a way to release Morse and the other co-defendants from being held accountable.
Forte submits that even the most seasoned attorney in the United States would have difficulty in maneuvering through the unlawful obstacles put in his way to obstruct his pursuit of justice. It is worse than a stacked deck.
There is no rule of law being applied.
There is no case law that can address such a blatant denial of Forte’s rights. The unchecked illegal activities of the defendants have created what will be a huge blow to the integrity of the judicial system as it becomes known to the nation.
Forte does not expect fairness from this court, or any other at this time. Not until Forte can pick up the paper and read it as front page news will he feel that a fair tribunal may be in sight. But, until then, he will not hold his breath waiting.
It will now be the ploy of the defendants to maniacally increase their assault so that there is such a compilation of items Forte will need to address or report that it will seem that Forte is crying wolf. But Forte is not, and everyone can see the previous bite marks on him. They can actually see the wolf chewing on Forte’s arm. It is real.
Forte requests this court to intervene and request a Federal Grand Jury be convened to investigate the matters Forte has brought before it.
Forte also requests that this court convene an evidentiary hearing to review evidence of obstruction of justice by the herein defendants.
Forte requests that the court assign a pro bono counsel to assist him concerning the issues of the intrinsic fraud by the defendants and their counsel Matzkind/co-defendant Fincher in the case and how to have the court address it. If Forte has used the wrong terminology (pro bono counsel) describing what he requests, he asks the court to discuss the matter with him for guidance.
It is a matter of public importance when it concerns evidence of rampant abuses done under the color of law by the herein defendants.
Dated: October 1st, 2012
_/s/ Eugene Forte_______________________
Eugene Forte, In Propria Persona
I, Eugene Forte, am the plaintiff in this action. I have read the foregoing REPORT OF STATUS OF UNDERLYING MERCED COUNTY SUPERIOR COURT CRIMINAL COMPLAINT CRL003409 & CRL001412, PEOPLE OF THE STATE OF CALIFORNIA V. EUGENE FORTE and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on October 1st, 2012, at Patterson, California.
CERTIFICATE OF SERVICE
STATE OF CALIFORNIA )
COUNTY OF STANISLAUS)
I, the undersigned, declare that I am employed in the County of Stanislaus, State of California; I am over the age of 18 years and not a party to the within action; my business address is 1312 Sierra Creek Court, Patterson, CA, 95363.
On October 1, 2012, I served the following documents:
REPORT OF STATUS OF UNDERLYING MERCED COUNTY SUPERIOR COURT CRIMINAL COMPLAINT CRL003409 & CRL001412, PEOPLE OF THE STATE OF CALIFORNIA V. EUGENE FORTE; REQUEST FOR INTERVENTION BY THE COURT TO STOP DEFENDANTS FROM OBSTRUCTING JUSTICE IN THE CRIMINAL CASES OF CRL003409 & CRL001412.
on the parties in this action by:
__x__ emailing from firstname.lastname@example.org to the following email addresses as follows:
James D. Emerson
Attorney for Defendants
City of Los Banos, Gary Brizzee,
Roger S. Matzkind of the County
Attorney for Defendants
County of Merced,
District Attorney Larry Morse,
Attorney for Defendants McClatchy
Company, Los Banos Enterprise, Gene Lieb, and Corey Pride
Deputy DA Alan Turner,
County Counsel James Fincher,
Sheriff Mark Pazin,
Deputy John Picinich,
Deputy Jaskowiac, Deputy Hill
Maria M. Lampasona
Attorneys for Defendant Catholic Diocese of Fresno
Supervisor Jerry O’Banion
Kamala D. Harris
Steven M. Gevercer
Attorneys for Defendant James Padron
Courtesy Copies via email to:
Stanislaus County DA Birgit Fladager (Faxed to (209) 558-4027)
Fresno County DA Elizabeth Egan email@example.com
Merced County DA Chief Investigator Patrick Lunney “dainfo”@co.merced.ca.us
Fresno County DA Chief Investigator Greg Noll firstname.lastname@example.org
DOJ/OIG Attn: Michael Barranti email@example.com
Merced County Undersheriff Thomas Cavallero firstname.lastname@example.org
Merced County Board of Supervisors Dist5@co.merced.ca.us
Los Banos City Attorney William Vaughn email@example.com
California State Bar c/o Tammy Albertson-Murray Tammy.Albertsen-Murray@calbar.ca.gov
Leon and Sylvia Panetta Institute info@PanettaInstitute.org
US. Dept of Justice/OPR, Debbie Dunn (Faxed)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on October 1st, 2012 at Patterson, California.
__/s/ Eileen Forte_____________________