PREFACE: During the 2003 California Recall Race as a candidate running on the platform of exposing public official and judicial misconduct I stood on the Ninth Appellate Courthouse steps holding the placard before the cameras stating, “Appellate Court Justices High Priests for a Corrupt Judicial Industry”.
The Ninth Circuit Court is now in the position of proving me right or proving me wrong.
Neutral attorneys that have reviewed the case filings in Forte v. Merced County, DA Larry Morse, Merced County Counsel James Fincher, Supervisor Jerry O’Banion, et al., overwhelming declare that the courts’ conduct was criminal. The rule of law has ceased to exist.
Mr. Gary Zerman, a California attorney, and expert on judicial misconduct, says he can’t get beyond the Kangaroo Competency Trial Transcript of 01/28/2013.
Zerman says, “The trial was craven, vile and obscene to the senses of American ideals and justice. To think that Judge Ishii used the trial testimony of Dr. Richard Blak as a basis to dismiss this case causes moral injury (SYRACUSE UNIVERSITY | THE MORAL INJURY PROJECT) to Forte, other citizens seeking fairness and self respecting jurists. It is an insult to the integrity of the court to the public”.
As you peruse this blog keep in mind what Judge Ishii found that required dismissal of my complaint:
“Finally, and perhaps most disturbing, the court notes that Plaintiff’s writings, including his Opposition to the February 3 Order, continue to be laced with references to the sorts of vindictive and frankly sadistic fantasies he envisions will be visited upon those who have aggrieved him once justice is finally done. Phrases such as “nailing [a miscreant’s] tongue to the floor” or having an adversary “hauled away in handcuffs” evince a badly distorted notion of the purposes of civil law. (ORDER, Doc. 343:12:22-26)
I submit with a partial tongue-in-cheek that if the Ninth Circuit Court does not publicly nail the Merced County appellees and their counsels’ tongues to the courtroom floor (metaphorically speaking) it is incumbent upon me as a citizen to publicly nail the Honorable Ninth Circuit Court Appellate Justices’ tongues to the courtroom floor of public opinion (metaphorically speaking) as to why they did not.
I’m not looking for a stamp saying Decision AFFIRMED without a detailed opinion. I’m also not looking for a stamp saying REVERSED or REMANDED to the same corrupt court without a detailed opinion as to why.
It has been a long arduous journey down the yellow brick road for yours truly (and family), but we are now before a panel of three Great Oz’s of the Ninth Circuit Appellate Court seeking justice.
The last time I was on the steps of the Appellate Court was in 2003 when I was running for Governor of California Recall Race on the platform of exposing public official corruption and judicial misconduct. Court appointed “paid whore psychologist**”, Dr. Richard A. Blak, who I refer to as Dr. “Quack” Blak would say it was delusional and grandiose of me to think that the Ninth Circuit Appellate Court justices may know who I am. **Note: “Hired Guns,” “Whores,” and “Prostitutes”: Case Law References to Clinicians of Ill Repute, by Douglas Mossman, MD
Blak would also think it “grandiose, paranoid and persecutorial” if I consider they may not be all that happy with my public position during the Recall Race, or my allegations that the E.D. Court Judges Anthony Ishii, Lawrence O’Neill, David Drodz with Magistrates Barbara McAuliffe and Sandra Snyder have been enacting a “fraud by the court” to conceal gross prosecutorial misconduct that crossed over the line into the governmental abuse of psychology used by Russia upon me.
My Appellant’s Opening Brief (Case# 15-16368, filed 6/20/16) goes farther than just questioning the judicial soundness of the dismissal of Forte v. Merced County, et al. by Senior E.D. Judge Anthony Ishii granting the defendants’ Motion to Dismiss (Doc. 279) without a hearing or recommendation.
Neutral legal minds all concur there is no legal soundness to the court’s rulings.
It becomes evident from the record the E.D. Court Judges Ishii, McAuliffe, O’Neill and Snyder had gotten in bed with beyond gross prosecutorial misconduct by the Merced County public official defendants and their Merced County Counsel James Fincher, Roger Matzkind and James Stone against me.
Ninth Circuit Justice Alex Kozinski recently wrote the Foreword for Sidney Powell’s Licensed to Lie. Kozinski stated to the New York Times that there was a rampant problem with Prosecutorial Misconduct and that “only judges can stop it”.
My appeal now before Kozinski’s Ninth Circuit Court Case #15-16368, Forte v. Merced County, has put the appellate court justices of having to address and put a stop to E.D. Judges involved in an attack upon me for exposing public corruption.
Regrettably, Motions for Reconsideration of ORDERS made by Commissioner Peter Shaw (not really an appointed commissioner, but a unique title bestowed by Ninth Circuit Court) bespeak of an unfair court, hell bent on concealing the E.D. Court’s injudicious conduct that is at the center of the appeal and the “fraud upon the court” by the Merced County Counsels (Matzkind, Fincher, Gustafson and Stone) in improperly filed motions before them.
On 5/19/2016 five and a half months after I requested pro bono appellate counsel, Judges MARY H. MURGUIA and STEPHEN REINHARDT denied the request.
The request detailed that because I had been declared delusional (without being seen by a Dr. and when I was not) due to my alleging E.D. Judges Ishii and McAuliffe were actively abetting the retaliation against me by the Merced County counsels before them during the prosecution of the underlying criminal case.
The present complaint was dismissed because of my alleged “delusion” there was a “fraud by the court” by Judge Ishii and the Merced County defendant/appellees counsels .
It certainly seems that Judge Murguia and Reinhardt Order was reached based upon there concluding I was not delusional due to my supporting evidence and I certainly was competent in drafting legal documents.
review of my requets that the evidcne proided them showed I was not delusionla and my legla writing was on par with an attorney. Therfore
THE DEFENDANTS’ MOTION TO DISMISS was based upon:
- Forte’s articles written in his Badger Flats Gazette. (Doc. #279-4, Pgs. 4-11)
- Forte sending an email to opposing counsels stating:
“Magistrate McAuliffe can pontificate till the cows come …. but the fact remains you lost. BTW, Rayma can you disclose yet if your package from Taylor Morse had the same defect as mine . Regards, Gene “(Document 279-2 Page 5)
- Appellant sending an email (Doc 279-2 Pg. 7) with a children’s poster of Alice in Wonderland going down a rabbit hole upside down jokingly prodding Rayma about telling the court at the hearing for Motion to Dismiss:
Church:..“I feel like I’ve fallen down the rabbit hole in terms of trying to figure out what we’re talking about in certain instances” (Doc. 370, CT, 09/19/14, Pg. 33:16-19 [Emphasis added])  (The Motion to Dismiss was brought by Matzkind due to Forte sending Matzkind an envelope containing Rule 26 disclosures addressed to Roger “Rabbit” Matzkind. (Doc. #227-1, Pg. 8:5-10)
- Sending counsels a Roger Rabbit Halloween Card. (Doc. #279-2, Pg. 9)
- Filing a Request for investigation of a “fraud upon the court by Judge Ishii (Doc. #279-2, Pg. 11)
- Sending an email to counsels informing them of appellant speaking at the California State Bar Annual Public Disciplinary Committee Hearing and his plans to supplement the complaint with them as defendants. (Doc. 279-2, pgs. 14-18, Doc. #279-3, pg.4)
“At the outset, the court feels compelled to make an observation that prefaces its ultimate finding with regard to Defendants motion for sanction… Plaintiff, insofar as his dealings with this court are concerned, has conducted himself in a manner that leaves the court no option but to conclude that he suffers from compelling misplaced ideation that prevents his further proceedings in this action. (Doc. #343, Pg. 9:3-12)
“It is apparent to this court that Plaintiff will not settle for anything less than the opportunity to present to a jury his claims of conspiracy against nearly everyone who Plaintiff believes has tried to subject him to retaliation by means of “fraud on the court.” …. [Emphasis added] (Doc. #343, Pg. 16, lns. 19-24)
“Plaintiff’s extraordinarily vindictive ideation is found in his filing in this case (Forte v. Merced County, 1:11-00318-AWI-BAM) of an objection to the Magistrate Judges denial of Plaintiff’s motion in Forte v. Jones, 11cv0718 that seeks court-imposed criminal and civil penalties against Jones and his attorney for allegedly false statements made during a hearing in that case.” (Doc. 343, Pg. 13:1-6) (Update: On 08/30/3016 Tommy Jones was declared a fugitive from the law by DA Larry Morse. On 09/01/2016 Jones was arrested for allegedly bribing a fellow Los Banos School Board member to vote for contractor, Greg Opinski.)
“By filing such motions and using such extraordinarily punitive language, Plaintiff has created a powerful impression that he is a litigant in search of vengeance, not mere compensation for the wrongs done to him. Plaintiff’s inability to curb his evidently vindictively motivated filings and language is a particularly strong motivation for the court to terminate this action to prevent further misuse of the proceedings to harass and vex the Defendants.” (Doc. 343, Pg. 13:10-15)
“Finally, and perhaps most disturbing, the court notes that Plaintiff’s writings, including his Opposition to the February 3 Order, continue to be laced with references to the sorts of vindictive and frankly sadistic fantasies he envisions will be visited upon those who have aggrieved him once justice is finally done. Phrases such as “nailing [a miscreant’s] tongue to the floor” or having an adversary “hauled away in handcuffs” evince a badly distorted notion of the purposes of civil law. (Doc. 343:12:22-26)