San Bernardino District Attorney Commits Intentional Fraud & Obstruction of Justice
On January 25, 2010, Deputy District Attorney Jonathan Robbins was ordered to release discovery he had within its possession for four months and with which the District Attorney relied to form the basis of Count 5 of Criminal Misdemeanor Complaint No. MSB906348, (i.e., California Penal Code section 166(a)(4)), "Disobeying a Court Order" which according to court records I committed on October 8, 2009.
The "Court Order" I allegedly disobeyed was a temporary restraining order brought by Keith and Patty White, issued by Judge Gilbert Ochoa on October 6, 2009, and served on me by Sergeant Jeremy King on October 9, 2009 when I was in jail and had been since October 8, 2009, on charges in connection with this same case.
However, Count 5 of MSB906348 states that I disobeyed a court order on October 8, 2009 which is logistically impossible as one cannot violate a court order that hasn't been served on them yet, and particularly if they are in jail.
When the District Attorney (namely, Laura Robles) realized I had caught on to this intentional fraud and obstruction of justice, she altered the violation date for Count 5 on the written Criminal Complaint to October 17, 2009 to coincide with the beginning of the White's complaints against me to ensure a permanent order.
However, it was too late to make this change on the court record / docket, without calling attention to the fraud. The violation date on the court record / docket has always been and is to this day, October 8, 2009.
Then the District Attorney did something really remarkable. To deflect my attention away from the fraudulently altered violation date on Count 5, they also altered the violation dates for Counts 2, 3, and 4 to October 17, 2009 on the written Complaint, hoping I wouldn't notice. Count 2 was "resisting arrest" and Counts 3 and 4 were "battery on a peace officer." (More on that later.)
If, in fact, I was incarcerated on October 8-9, 2009 for allegedly resisting arrest and while in custody battered two police officers, why would the District Attorney state on the official Complaint "under penalty of perjury" that these crimes occurred on October 17, 2009?
In addition, Laura Robles delayed the filing of the Complaint until the District Attorney and the Whites could manipulate a permanent restraining order injunction against me in civil court to help their case in criminal court.
It's no coincidence that the date of the permanent, 3-year restraining order against me signed by Judge Steven C. Malone was dated on the exact same date as the Criminal Complaint in this case: October 28, 2009.
Accordingly, Laura Robles was relieved from the case and Deputy District Attorney William Gale was assigned. The first time I was allowed to view the Complaint and the 71 pages of evidence collected to "substantiate" the criminal charges against me, was on December 9, 2009 at the Pretrial Hearing.
Unbeknownst to me, Deputy DA Gale was lurking around in the hallway on December 9, 2009, while I'm reviewing the Complaint and evidence for the first time, holding a Plea Bargain he desperately hopes I'll sign so the fraud and obstruction of justice won't come to light.
I outright rejected the Plea Bargain because it asked me to admit to crimes I had not committed. It also said I had to agree to go to jail and serve probation for crimes I had not committed. Then, it told me I had to "cease blogging, " amounting to a waiver of my First Amendment right to free speech.
In January of 2010 William Gale was relieved from the case and Jonathan Robbins was assigned. I'm not clear on the District Attorney's strategic direction. They started out this case with Laura Robles who passed the bar in 1988 (22 years experience) to William Gale who passed the bar in 1999 (11 years experience) and now they put in Jonathan Robbins who passed the bar in December of 2007 (2 years experience). Are they running out of DAs?
On January 25, 2010, in an attempt to mitigate the above-stated intentional fraud against the court and criminal obstruction of justice, Robbins, in open Court, requested that the Court amend the written Complaint as to the violation dates of Counts 2, 3 and 4 which Laura Robles had sworn under penalty of perjury were committed on October 17, 2009.
Robbins requested that the Court amend the violation dates of Counts 2, 3 and 4 to October 8, 2009, as if there had been some "typographical error" that no one had caught for the past three months. The court record / docket has always maintained the date of October 8, 2009, and changing the date on a piece of paper (the written Complaint) cannot mitigate the criminal course of conduct perpetrated by the District Attorney.
Robbins was obligated to attempt to "fix the problem" so that the District Attorney would at least have a shot at probable cause that the crimes might have happened. Using the date that Laura Robles falsely altered (October 17, 2009) gave the District Attorney no shot at it whatsoever.
Of course, Robbins just dug himself in further when he did not include Count 5 in his request to amend. That date stayed at the fraudulently altered date of October 17, 2009. However, one only need look at the Court record/docket to ascertain the truth.
When Robbins requested the amendment to the Complaint, he knew that:
(1) the District Attorney had fraudulently and maliciously manipulated the violation dates;
(2) there was no record of any criminal activity on October 17, 2009 as to Counts 2, 3, and 4;
(3) there was no probable cause to charge me with any of these crimes on any date;
(4) no warrant existed for my arrest for any of the crimes on any date;
(5) the violation date of Count 5 of the Complaint should have also been revised to October 8, 2009, to reflect the true and correct filing of said charge; and
(6) the entire action of Criminal Complaint MSB906348 was predicated on an egregiously corrupt personal vendetta of the Whites wherein they utilized personal relationships within the Big Bear Sheriff's Department to falsely arrest, imprison, brutalize, and then justify criminal charges against me that did not exist.
All of the above constitutes an intentional fraud against the court and criminal obstruction of justice. The District Attorney must be held accountable and all charges against me must be dismissed immediately. In addition, I am calling for the immediate suspension from the practice of law of Jonathan Robbins, William Gale, Laura Robles and Michael Ramos, pending a hearing by the Chief Trial Counsel of the California State Bar.
SIDE NOTE:
At least 90% of the "evidence" presented with the Criminal Complaint was connected to Keith and Patty White's claims against me for civil harassment, the restraining orders, and my blog, "The Big Bearian."
Finally, I understand why the Whites were at all my criminal case hearings. I also learned all about the White-Big Bear Sheriff connection which made my false arrest and imprisonment possible.
Included in the evidence was an interview conducted by Deputy Michael McCracken where he states for the record that Keith White is a personal friend of Big Bear Sheriff Sergeant Jeremy King as well as other Big Bear Sheriff personnel.
McCracken-On September 23: "Keith said he is friends with Deputy King and had spoken with Deputy King in a personal setting about 'what was going on with Baldwin.' Keith said Deputy King told him he could get a restraining order against Baldwin."
MISSION STATEMENT: The Office of the Distict Attorney - County of San Bernardino, State of California:
The San Bernardino County District Attorney's Office represents the interests of the people in the criminal justice system, as mandated by California state law. The San Bernardino County District Attorney's Office serves the residents of San Bernardino County by: (1) Seeking the truth; (2) Protecting the innocent; (3) Holding the guilty accountable; (4) Preserving the dignity of victims and their families; and (5) Ensuring that justice is done while always maintaining the highest of ethical standards.
For more information: http://thebigbearianreturns.wordpress.com
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On behalf of my fellow United States Citizens, California residents, the good of the general public, and national social and economic progress I submit the following comment.
I am a former NYLC Scholar, college graduate, and independent researcher. After accompanying a friend to his case proceedings at the San Bernardino Superior Court Central District and witnessing the most unusual administration of justice I have ever seen, I decided to do independent research in the form of informal case studies and observations.
My research has extended from 2008 to the present, including on some of the dates listed above.
Initially attempting to simply observe, I was taken back when informed by the bailiff that "no family, friends, or anyone" would be allowed in the courtrooms during various case proceedings. This seems to be the standard in certain courtrooms such as Department s16/s16a and most recently in Department s6.
I proceeded to witness time and time again the violation of people's 6th Amendment Right that of which is guaranteed by the United States Constitution as the supreme law of the land to have Public Criminal Trials. The first time I tried to enter the court room I was dressed casually and had my request to enter denied.
Eventually, I made the decision to return to court this time dressed in a suite equipped with my brief case and glasses having made the decision I was going to assert on behalf of a defendant and the various other cases scheduled on calendar my right to be present as a member of the general public so that I could document my research on the over burdened calendars of San Bernardino Superior Court. Some other general areas of interest I was researching included human heuristic errors in judgment and confirmation bias. Never did I think I would stumble upon having all I was taught to believe in as an American citizen when I was growing up destroyed in the process.
After asserting such rights in part with my request I was finally allowed in an empty court room where various criminal and civil/traffic cases were being heard to my dismay. However, others who did not assert such rights continued to be turned away.
Please allow me to state that I am well aware of the hectic court case calendars, the juggling of Judges/Commissioners/Retired Judges, the court construction, and all the many other reasons provided to the public as the basis for the nature of operations at the San Bernardino Superior Court. Understandably, I initially complied with their requests to remain out of the courtroom, however upon one of the defendants purchasing of court case dockets and his having identified "clerical" and "judicial" errors recorded contrary to his court room experience I realized that in not having been allowed to have any members of his family or friends or anyone from the general public for that matter present at the time his case was heard it would be very difficult for him to prove his claim to truth, have his dockets corrected, and enjoy his privileges in part with his right to the due process of both substantive and procedural law protected by the constitution based on the types of "errors" recorded on his official documentation.
Once again never did I imagine that I, a person who was not on trial nor had a pending case at San Bernardino Superior Court could be effected in the manner of which I have by witnessing a series of events I have found unexplainable and unjustifiable that seem to coincide with the aforementioned complaint.
I was present as a member of the general public on December 9, 2009 and after witnessing almost the exact type of sequence of events in a different case, receiving no responses from the Executive Office after having contacted Mr. Michael A. Ramos, and various other court administrators in search of answers and understanding for what I had seen, I decided to go to the Federal Bureau of Investigations where I was unlawfully arrested by a West Hollywood Sheriff while awaiting to speak to an agent about the public corruption, obstruction of justice, and my inability to locate answers to document in my research accurately and truthfully. I had my brief case that contained privileged information about the events I witnessed in San Bernardino County confiscated and not documented in part with the intake of my bulk property. I was arrested on an alleged "warrant" under an incorrectly spelled name and to date have not been allowed to view the warrant. My arrest has been sufficiently unexplainable and unjustifiable and I am still fighting to secure my record and employability to date. I have been devastated but worst yet silenced in fear after making my decision to try to contribute to "change".
With a broken spirit I have failed to return to conclude my research follow up with a case study I have been following. I have never returned to the FBI and it seems no once cares that the violation of such rights continues to occur.
But today September 8, 2010 I managed to gain the courage to return to court with the case I had been permitted to document and research. I could not help but speak up and I now feel it is my ethical obligation as a witness to the perversion of justice to write what I know no matter how scared I am.
Once again today, I witnessed members of the general public, friends, family members in Dept S6 of the San Bernardino Court be turned away as cases were heard by Bailiff R. Sharpe (Sheriff). I witnessed Mr. William Gale (Bill) of the District Attorney's Office pressure someone into signing an agreed continuance not in front of a judge rather in company of Sheriff Sharpe and of course not in the court room but in the hallways of San Bernardino Superior Court. With the permission of the defendant I requested to read the document that was being requested to be signed and I was humiliated in front of approximately 17 people in the hallway. I was yelled and instructed to "go to the end of the hallway". I was asked if I was an "attorney" and I clearly stated no. I had no choice but to walk away and the defendant was informed that it would be in his best interest if he did not return with me to his next court date. He proceeded to sign a document and was not provided a carbon copy for his records inclusive of once again "clerical errors" such as an incorrectly spelled name amongst other issues.
The following people have been contacted and have been informed of the pattern of practice that seems to be apparent in the county of San Bernardino: Supervising Deputy Public Defender Mr. Mark Shoup, District Attorney Michael A. Ramos, Public Defender Doreen B. Boxer, Honorable Retired Judge Rex A. Victor, Honorable Judge Elwell, Deputy Public Defender Catherine Woollard, Public Defender Andrew Moll, Public Defender Amanda King, District Attorney Lisa B. Muscari, District Attorney William Gale, District Attorney Michael Seleyem, Public Defender Ciara Cameron, Public Defender Kiarash Feyzjou; no sufficient response has been provided. I have witnessed other cases in part with District Attorney Robbins as well.
Issues: I am concerned that if the defendants are being denied their right to public trials at the San Bernardino Superior Court, criminals who may rightfully deserve to be behind bars may have their cases brought back to court and may be let free as a result of this miscarriage of justice and what seems to be wrongful ignorance by court administrators. This may also cause the public undue danger and innocent people who may not deserve to be behind bars may be having their civil liberties violated in part with unjust incarcerations, and all of this while the public is flipping the bill on an already burden hectic and over worked system in the State of California.
I'm sure I do not need to bring any attention to the current situation of our State budget either. Also, the people who are failing to administer justice appropriately and who are contributing to the obstruction of true justice are going to cause those hard working court administrators and judges undue complications and subject them to investigations they should not have to endure should this type of conduct reach the attention of the mainstream public. And most importantly, the U.S. Constitution itself does not deserve to be trampled on as the Fundamental Ideals, Beliefs, and Values that our country was founded on should not be forgotten no matter what the circumstance may be as it is the heart of our nation and root of all opportunity. Universal distrust seems to be at stake and it's time to speak up about this and work together to fix it. It is all of our responsibility no matter how seemingly hopeless things may seem and no matter what individual troubling circumstances each one of us may be facing in our personal lives.
Lastly, I am concerned with the mock student trial system at the San Bernardino Court and what is being taught to the future officers of the court and administrators of justice in this seemingly broken system of government. Who is accountable for the manner of which they are being instructed and learning. (Example: Certified Law Students)
In conclusion, I would like to state that I am not a perfect person and have myself over come many struggles of my own including having learned from making many of my own mistakes but none the less I encourage anyone and everyone with college degrees without college degrees, well spoken not well spoken, well written not well written, to speak up and protect the Constitution of the United States of America in the County of San Bernardino.
My arrest and my decision to continue to write is a direct reflection of the choice I made when faced with a very simple question of Courage or Compliance?
Thank you kindly,
Respectfully
Yours
United States Citizen, California Resident
My apologies if I have not been clear I did not have the time to edit this post this evening.
May I repost this - on the Legal Justice Corp website?
If you are referring to my post, yes you may. I forwarded this post with a few more details to other sites that I will link here upon moderation approval. Happy Sunday
Loaded -- www.legaljusticecorp.com
A more extended version of this comment can be found in response to a post at the following link:
http://inlandpolitics.com/blog/2010/01/25/inlandpolitics-sb-county-more-criminal-defense-conflict-panel-questions-arise/
I included a few more details and some additional information that some may find beneficial to their persona circumstances. Thank you kindly for your time.
Is there a Califonria Chapter of Legal Justice Corp? If not there is a desperate need for one.
I would like to see chapters nationwide.
Nothing in CA as of yet.
A matter that needs investigated
Involving judicial corruption.
On case#VA107160
People Vs buddy lee George
Los Angeles superior court norwalk California division S
Judge the Honorable Roger Ito
Los Angeles county district attorney Kang.
A case that can be proved as unconstitutional due to the following
1.) I was denied my due process rights.
2.) the district attorney had me charged with prison priors and strikes that I did not have and it was not until after the verdict did she admit her mistakes.
3.) I was denied to confront witnesses I supoened 5 officers and only one showed up.
4.) the only witness that showed up was detective hakala from Whittier police department he was the lead detective and expert witness.
5.) there was bias with the processing of evidence he used his own lab.
6.) he lied under oath by saying he removed the drugs before the pre search video because he had a dog.
7.) the evidence in the case had been destroyed before the trial
Evidence was destroyed 5-29-09
The verdict was read on 8-15-09
8.) henry salcidos law firm that represented me right before the trial caused a conflict of interest by violating attorney client privilege by having a meeting with the city of la mirada without my permission nor knowledge were he discussed my case were he was convinced by the city saying I should take a deal under the condition I move out of la mirada when I get out of prison.
9.) Henry salcido also told me at one point he didn't care If I was innocent or guilty I should take a deal.
10.) he also told me at one point he was best friends with steve Cooley and if I gave him $180.000 and sign over the deed to our home he could make the case disappear.
11.) their was two retired district attorneys that were working for Henry salcidos law firm that were also over familiar with sheriffs and narcotics department that were involved in my case.
12.) through the whole case the la mirada mayor and council members had law enforcement harassing me their was about 300 or more calls made to law enforcement with the intent to have me harassed
13.) I can also prove false imprisonment.
14.) I was charged with possession for sales when no drugs were ever found to be in my possessing neither was any money ever recovered and according to the detective he found $13 dollars worth of drugs in our home all together in separate bags and only one had been tested the second one was never tested.
15.) it was unconstitutional for detective hakala to target me when their was 5 occupants living in our home at the time.
16.) the search warrant he used to get in our home the day he supposedly found the drugs was stamped denied.
17.) the second search warrant had a type -o- error and the name on the search warrant was Walter Eugene Farris a guy that I don't know and neither did any one els that lived in our home and he had never been in our home.
18.)The attorney that represented me during the trial had not been given enough to to familiarize her self with my case the judge refused to give her time to overlook the case.
19.) after we picked the jurors one of the jurors was prejudice he said no matter what he would find me guilty because he hates drug dealers the judge still allowed juror # 19 to hang out with all the other jurors until he was replaced.
The following needs to be investigated
1.) violation of due process rights
2.) my state and federal rights were violated.
3.) false imprisonment
4.) harassment
5.) negligent
6.) malpractice
7.) wrongful conviction
8.) officer misconduct
9.) judicial misconduct
10.) cruel and unusual punishment. Email below evidence when the evidence had been destroyed a email from detective hakala to district attorney kang.
11.) the city of la mirada offered to buy our home at cost saying under the condition I couldn't live in la mirada nor Whittier.
12.)la mirada law enforcement was raiding our home practically daily.
13.) before this case started detective jerry Reyes told me as he handed me his card with his hand writing on it that if I dident help him he would screw me.
14.) detective hakala and district attorney kang kept inflicting lies on the jury.
15.) I was not on probation or parole when this case started.
16.) our car had also been impounded 3 to 4 times every time officers said just tell us were the drugs are we won't impound the vehicle and every time I was honest by saying I don't have any drugs they impounded it any way.
17.) detective hakala went through my confidential legal mail violating my constitutional rights instead of using normal mail he used a 42 u.s.c 1983 to identify me as living here during The trial mentioning a law suite involving Copley
18.) during the proceedings of the case no one had any idea I studied law I even represented my self in the federal courts I studied criminal and civil for about five years including 42 u.s.c $1983"s torts writs civic codes ethics even the CCR title 15 rules and regulations.
19.) I'm hoping to resolve this with out filing in the federal courts I'm exhausting all remedies if the matter is not resolved then I'm given not much choice because I was wronged
Sorry but this is frustrating I just want this matter looked into.
20.) I can prove the following.
1.)defamation of character.
2.) false imprisonment.
3.) negligence.
4.) harassment.
5.) malpractice.
6.) wrongful conviction.
7.) constitutional violations with my civil rights.
8.) including $10.000 dollars of damage to our home.
9.)reckless disregard.
10.) coaxing
11.) including due process rights involved in a criminal court proceeding involving corruption.
12.) the situation that escalated
Into this case was a incident involving a parole officer mr verimontes he worked for la mirada public safety and the Santa fe springs parole department in the year 2001
He was contracted by both at the same time their was a incident involved with are daughters boy friend driving a vehicle in a irate speed going to autozone test driving a 1997 ford explorer some car was parked 3 ft out from the curb
And some kids were playing in the middle of the street they moved out of the street as he was driving up hill and swerved to miss the car when we got back a neighbor showed up cussing and yelling in a violent manner as I got out of the passenger side he was trying to provoke me I asked him to calm down he told me [censor] you I said I have kids and theirs no need for this he stated bull I ignored him and went next door and eventually went to the store with our cousin next door not knowing while we were gone the neighbor had called the sheriffs by time I got home their was no law enforcement around but when I reported to parole I was giving him the heads up about possible call made to law enforcement with our address he asked did you have any police contact I stated no he said don't worry about it then that nite shows up with law enforcement to arrest me for driving with out a license I was in jail double the normal time waiting for my bpt hearing mean while I hired a attorney for ADA issues he had no idea that the attorney representing me at board had investigated his wrong doing because he went to every neighbor showing first my whole criminal past then mug shots asking if they seen me driving the attorney caught him lying under oath at least 12 times the commissioner let me go home when I had got out mr verimontes told me pack up your [censor] your moving back to Sacramento in such a irate manner to were other people eventually had to get him he told me that if I appealed him he would get a petition with our neighbors so I reported to parole in Sacramento and while I was there I filed a 602 inmate appeal demanding It to be exhausted so I could file a 42 u.s.c $1983 I charged him with the following
1.) racial profiling
2.) negligence
3.) harassment
4.) deformation of character
5.) false imprisonment
6.) I filed to a copy of the bpt hearing tape only to find out it had been damaged 3 days after the hearing when it was not suppose to be damaged for 120 days were I was entitled to a copy of it only to be denied eventually the 602 complaint allowed me to come home after he was involuntarily moved from both jobs.
7.) the city mayor and council members had sheriffs going through any lengths to get me for anything just to send me to prison also to force me to move from la mirada.
8.) we had a 2002 ford explorer literally torn apart to the point it was not worth having the interior completely destroyed.
9.) our home was stalked by sheriffs to the point our kids moved out.
10.) their are witnesses to two sheriff deputies named Morris and tousey that work for the city of la mirada telling every drug addict that I am a kingpin and a drug dealer.
11.) we even called the sheriffs about some one driving a car into our garage door they showed no interest in the damage done to our home.
12.) the sheriffs also known our home had been broken into and vandalized on numerous occasions.
13.) Morris and tousey also were telling people say his name you go free Morris and tousey are Los Angeles county sheriffs.
THIS ALL ADDS UP WASTEFUL
SPENDING
Buddy George - VA107160From: joanne alberry
View Contact To: LAURIE YTARTE -----------------
-------------------------------------------------------------
-- Laurie, here is the email from the Detective
telling the court that all the property was
destroyed. Sorry about all of it. Feel free to mail
me any payments you can at my office address
4229 Main St Suite 4 Riverside CA 92501 I will
let you know when I find an attorney who will
take on a governemtn entity. good luck to you
and Buddy, Joanne ---------- Forwarded message
----------From: Date: Fri, Sep 25, 2009 at 7:23
AMSubject: Fw: Buddy George - VA107160To:
joannealberry@gmail.com Hi Joanne, Per our
conversation, here is the email from Detective
Hakala confirming that the evidence was
destroyed. I will request that our matter be taken
off calendar today. Thanks. ----------------------
Forwarded by Miriam Kang/DAUsers/NLADA on
09/25/2009 07:22 AM --------------------------- To:
cc: Subject: RE: Buddy George - VA107160 I
contacted our central property and the items
seized in the Buddy George case [protected]-
0460-184) were dispoed on 05-29-09. Any other
questions just let me know. Eric ---------------------
-----------------------------------------------------------
From: MKang@da.lacounty.gov
[mailto:MKang@da.lacounty.gov]Sent: Thu
9/24/2009 2:49 PMTo: Hakala, Eric J.Subject:
Buddy George - VA107160 Hi Detective Hakala,
Just as a reminder, please email me a letter
confirming that the the property booked into
evidence for this case has been disposed of and
the date of disposal. Thanks so much!
Sincerely, Miriam KangDeputy District
AttorneyTel: [protected]