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The Lawless In Law's Temple. (1 Viewer)

MY SEVENTEEN JURY TRIAL DATES THAT WERE;
DELAYED, DETOURED, DERAILED, AND DENIED;
RECONCILE THESE FACTS WITH; DUE PROCESS;
AND EQUAL PROTECTION UNDER THE LAW.

On April, 7th, 2003, 463 days after my arrest on December, 27th, 2001, for a simple possession charge, my first of seventeen jury trial dates, was seconds away from beginning. Except that it didn't. In my wildest dreams, I never would have imagined that it would be another 530 plus days before my trial finally did begin, on September, 20th, 2004.

Below, I have listed each trial date that the court set, and the illegal, and unethical procedural tricks, traps, and deciets, that every officer of the Ventura County Superior Court, that was involved in the disposition of this case, utilized to bring about the Law's abort. I also detail why so many officers of this court worked so hard, and risked so much, to block the truth from being entered into the court's record, and heard by members of a jury.
Hold on, it's a long hard ride from beginning to end, without civil liberties protections, or even one fleeting glimpse of Justice off in the distance.

That's because in Ventura County;
Justice is not only blind.
She's been bound, gagged,
and is being held in a windowless room.
At some undisclosed location.
HELP ME FREE HER.

FIRST TRIAL DATE
April, 7th, 2003 After 15 months in "case hearing Hell", jury trial was finally set to start in court room 45. Judge Kevin McGee presiding. Derailed until May, 5th,2003.

By prosecution lying to the court and defense, as to reason that delay was needed. Gaining an unwarranted delay to the start of trial by deception.
Senior deputy district attorney Catharine Taylor, lied to both the court, and defense to gain this last second, delay to the of the start of trial. Needing my agreement, she falsely stated that the delay was needed so that she could send to North Carolina, for my 32 year old, 1970 involuntary manslaughter conviction records. Stating on the record, to both the court and defense that the second strike attachment; "most likely wasn't applicable, because Mr. Wilson wasn't a part of the blooding."

This was one, of four reasons that the strike attachment wasn't applicable. the second, third, and fourth reasons that the strike allegation wasn't applicable are these;

(2nd reason) The second strike was being sought in conjunction with an offer of probation. If I would; "swear, and sign under penalty of perjury," that the prosecutions version was the truth.

When you are offered prop 36 probation, at your first hearing, and a strike is only sought months after you refuse probation, and insist on a jury trial, but the offer of probation isn't rescinded, then the only thing that this is indicitive of is an attempt by the prosecution to frighten a truthful man into abandoning his desire to have his testimony heard, and weighed by a jury, as to its veracity and import. To keep his testimony, and the juries assessment of it from being entered into the public record.

(3rd reason) The prosecution was treating second strike as if it were the third strike. Which can be for any felony. This was a simple possession case. (OK. not so simple, but that is the prosecution's fault, not mine. )
(4th reason) The 1970 conviction that the prosecution used as a vehicle to attach this strike allegation was beyond the "ten years past completion of sentence" stricture.

It was 19 years past that point.
*NOTE: The prosecution knew this was an illegal, unwarranted strike attachment, for several reasons. Yet they sought it none the less.

*My court appointed counsel knew this was an illegal, unwarranted strike attachment. But refused to utter one word against its attachment to my charge.

*The judge most certainly knew that this was an illegal, unwarranted strike attachment. Yet allowed the prosecution to greatly exceed their lawful reach.

*All these things taken together are indicitive of officers of the court, that have shown themselves to be; the enemy of the very Laws that they swore a sacred oath to; "Protect, and Defend."

D.D.Atty. Taylor went on to say that she needed to see my (1970) conviction records before she could remove the strike allegation from my present charge. Knowing that I would almost certainly give her this delay for the purpose of getting rid of the strike attachment, that mandated a mandatory sentence of six years.

I did. Based upon the prosecution's stated reason. (Which I later learned was a lie.) In the hopes of returning the case to; "normal sentence guidlines" which said that a sentence of 6 months to eighteen months was the appropriate sentence, if found guilty at trial. The Ventura County Superior Court's own guidleines state that both the prosecution, and the defense; Should be ready to; "drop charges, (prosecution) or plead guilty, (defense) or go to trial, within 300 days of charges being brought." (except in the most complex cases, and the most serious crimes.)

My charges, and case had neither of these elements. It was a simple possession case. My word against two Oxnard police officers. You would think that the prosecution would have been ready for this one at the end of 90 days. I would have been ready. If I had a public defender that would have done anything that I told him that I needed to be done. Instead, here we were, finally at my first trial date. Which the prosecution hastily delays. For the first of seventeen times, 463 days after charges were brought.

On this day, even with this delay, I would have never believed that I would not get to the start of my jury trial for another 530 days. On that day, 530 plus days away, on September, 20th, 2004, when I finally did start my trial, I had to grin when the prosecution said to the jury; "This is a simple case, that resulted from a typical, by the book arrest." He never mentioned which book. It certainly wasn't the Law's.

But d.d.atty. Taylor had to think fast on April, 7th, 2003. Because a judge, that wasn't privy to the prosecutions reluctance to have two Oxnard police officers perjure themselves on the stand, noticed that this case was already a half a year over the maximum time that a case was to be allowed to languish in case hearing purgatory. Upon this judge's discovery of this fact, he stated to both the prosecution and defense; "This (case) has gone on way to long. I am ordering the prosecution, and defense to report to the fourth floor, courtroom 45, forthwith. Trial will begin immediately."

So that's what we did. Myself at the defense table, and senior deputy district attorney Catharine Taylor at the prosecutions table. Several minutes later, a pool of potential jurors files between our respective tables, to be chambered in a room behind, and to the side of where the judge would preside over this matter. We were seconds away from the start of trial, when d.d.atty. Taylor jumped up, and requested the 30 day delay.
The judge, with an exasperated tone, queried; "For what?"

Knowing that she needs my agreement, she tosses out the only reason that should have enough value to me to gain my agreement. Removing the second strike attachment, which mandated a mandatory sentence of six years, if convicted, from my charge of simple possession. Unfortunately for me at that time, and her at this point, her stated reason was a lie.

SECOND TRIAL DATE:
May, 5th, 2003. The second DERAILMENT to the start of trial. Requested by the prosecution. Agreed to by the defense. Granted by the court. Trial reset to start on May, 28th, 2003.

By yet another round of lying to the court and defense as to why this extension of another month was needed. Senior deputy district attorney Catharine Taylor, stating on the record, that she was; "still waiting for North Carolina to send her my (1970) conviction records." RECORDS THAT SHE NEVER SENT FOR.

I was unaware at that time as to just how unwilling the prosecution was to let this matter be heard by a jury. I had been brought up to believe that judges, prosecutors, and public defenders were dedicated, honest, and ethical people for the most part. I imagined that the main reason that the prosecution had initially attached the second strike allegation was because of a "shared enforcement attitude" between the police, and prosecution. Which meant that I wasn't the one in this process that was going to get the benefit of the doubt. By the end of these two thirty day delays, that the prosecution gained by lying to the court and defense;

With my RV (home) set on fire with some flamable liquid squirted through the side window, all over my mattress, and then ignited. (That a friend noticed almost immediately after it began, and kept knocked down, and localized to that one area by grabbing the large commercial extinquisher from the Chevron gas station that I was parked behind.

A fire that took the Oxnard fire Dept. over 10 minutes to respond to, even though their fire station was only two blocks away.

A fire that no Oxnard fire fighter talked to me at all about, even though I arrived shortly after they did, and people notified them that; "Here comes the owner of the RV." A fire that no Oxnard police officer ever showed up on the scene of, to take a report, or investigate.)

With my RV (home) ticketed repeatedly, (3,000 dollars worth) then impounded; This activity beginning within 5 days after the intentionaly set fire in my RV didn't destroy my home.

With 5 of my friends told by an Oxnard police officer that; "they were next" if I was allowed to eat, sleep, rest, shower, or use the phone;

With the addition of two more bogus arrests, at my place of employment to get me fired; Starting with my arrest on April, 20th, 2003, by the officer responding to Sue Mullins 911 call for protection from her ex-boyfriend, (Adam Higley) who had falsely imprisoned her for three days, choking and beating her, and threatening to kill her. This officer brushing her aside, refusing to look at her temporary restraining order that detailed all of this, to arrest me because, as he stated; "Yeah, you look high."

An officer that stated to Sue Mullins, while handcuffing me; "I'll give you a 5 minute head start on Adam." (Higley) Revealing that he knew who her ex-boyfriend was, and what consequences she faced from Adam Higley, if she was still there when the police officer departed the scene, to transport me to jail.

With the last two weeks of the second delay to the start of my jury trial spent in jail; Because the same senior deputy district attorney that said the two 30 day delays were needed to send for my records; "so that second stike could be withdrawn." Was now telling a judge not to OR (released on promise to appear) me because the district attorneys office was seeking another strike attachment on the new charge. And if I lost at trial on both counts, I would recieve a mandatory 25 to life prison sentence.

I was forced to abandon my life long belief that it was an inherent decency, and strong ethical code that motivated most of those that professed their service to the law, and its defense. (At least in this county. As concerns the financial well being of Tiger Real Estate Fund LP's owners.)

That was something else precious to me that was stolen by these people.

THIRD TRIAL DATE:
May, 28th, 2003. Trial was once again derailed. Re-scheduled for June, 13th, 2003.

By a block being placed on my being brought from cell to court for the start of my trial. That the Ventura County Sheriffs Department's legal unit head, (E. Hobin) couldn't get lifted. With two hours in which to accomplish a transfer that takes 5 to 7 minutes, (through an underground tunnel that connected the jail with the court) and a willingness to comply with a lawful court order to produce me.

Sending me a letter that afternoon, to let me know that she tried. It had her official Ventura County Sheriff Dept.'s, legal unit letter head. Signed and dated. It said; "I am very sorry Mr. Wilson; Despite my best efforts, I could not get you into court for the start of your trial."

The period of time from the April, 7th, delay of trial;
*By prosecution lying to the court and defense, on that date, and again on May, 5th, 2003, by stating that they were; "sending for" Then 30 days later; "still waiting for" my 32 year old, North Carolina Conviction records,
that they never sent for but were said to be needed by the District Attorney's Office before they could remove the strike allegation from my charge.

*Until my arrest at work, on May,15th, by the Oxnard police officer who had placed over 3,000 dollars on my RV (home) then impounding it;

*Then my arraignment on May, 21st, where deputy district atty. C. Taylor, fights my being granted OR on this bogus charge, by telling the judge that I was already facing 6 years mandatory minimum, by way of one second strike attachment, and that soon, I would be facing 25 to life, because the District Attorneys Office was going to attach another strike allegation to this charge.

She gets her wish, and can't keep from crowing, on the record, (thank God) by saying to me as I am being led from the arraignment cage, back to my cell; "Don't worry Mr. Wilson! I know where you will be in eight days, when your jury trial starts." She phrased this exactly right;
Then a week in jail later, the block being placed on my being taken from jail, to court for my third trial date;

*Then another week in jail before I get in front of a judge; Was to me the legal equivalent of a knock down, drag out, wide eyed nightmare.

Little did I know that this was just round one, of a no round limit, illegal donneybrook.

FOURTH TRIAL DATE:
June, 13th, 2003. Jury trial date was vacated, (THAT'S A FANCY WORD FOR; DERAILED) by judge Cloninger, on June, 3rd, 2003 with out any discussion. Re-scheduled for June, 17th, 2003.

This was on the day, (6-3-03) that judge Cloninger illegally, and coercively forces me to; "give up my right to speak in my own legal defense" By taking a pre-positioned, pre-determined, public defender, (Randy Tucker) on all my charges, "if" I wanted to be released from jail, on O.R. (waiver of bail) after two weeks inside jail.

This was judge Cloninger's response to my attempting to bring misconduct charges, (2) counts, against the senior deputy district attorney I was up against (Catharine Taylor) and showing him that I could prove misconduct.

When I tried to get judge Cloninger to convene a misconduct hearing on this date, by stating to him, in court, and on the record; "I want to file two counts of prosecutorial misconduct against senior deputy district attorney, Catharine Taylor, for twice lying to the court, and defense, to gain two unwarranted, and illegal delays to the start of my jury trial. The first time she lied, was on April,7th ,2003. When d.d. atty. Taylor stated to the court and defense that she needed this 30 day delay to send to North Carolina for my 32 year old conviction records. Using the false enticement of removing the second strike allegation that she had attached to a simple possession charge. The second time she lied was a month later, on May, fifth, 2003. When she stated that she was; "still waiting." for these records."

I am sure that he wasn't surprised that I had "put two, and two" together, but figured; "suspecting something, and proving something," are two different things.

When I told him that I wanted to see verification from the District Attorneys Office, that D.D.Atty. Catharine Taylor, had indeed sent to North Carolina, for my 32 year old conviction records, between the dates of; April, 7th, 2003, and May, 5th, 2003. Because if they couldn't produce verification, then they lied to the court and defense twice, to illeglly deny me my right to speedy trial. Judge Cloniger knew that I had stumbled on the "End Game Win" if he abided by the law, and convened a misconduct hearing before my case proceeded any further.

He wasn't; "ALLOWED" to let this case end in this manner. This is evidenced by the fact that what he has to do to regain control of me, and silence me totally, as to what I can get into the public record, couldn't be done unless;
This judge is willing;
A court appointed counsel is willing;
A court certified psychologist is willing; and;
The Mental health director for the County of Ventura, is willing;
To commit high federal felonies, in concert with each other, repeatedly, that carry many years in federal prison on each and every count.

AND EACH TIME THAT THEY DO, THEY MUST LEAVE DAMNING EVIDENCE OF THEIR GUILT IN THE COURT'S OWN RECORD.

This is something that no one is going to do, unless there is something, and that means someone, that they fear more than spending the rest of their lives in prison.

Some one ordered these people to; "Fall on their swords." And they did.
From here on out, everything that every officer of this court does, is done with the knowledge that; "There it is, right there in the record. Evidence of my guilt."

It is amazing how many officers of this court have saved all their fear of displeasing someone; That trumps the wrath of federal prosecutors, and judges, and the hellish penalties that they can make real, and lifelong in these peoples lives.

They had their orders. They had a plan. It was a stupid plan. But it is still working. So I guess it wasn't that stupid. The plan was illegal as all get out, and this was just the first phase.

FIFTH TRIAL DATE:
June, 17th, 2003, jury trial date is derailed on June, 16th, 2003. At a reference hearing that was also set on June, 3rd, 2003. For this exact purpose.

This was "phase 2" of the plan to move past the month by month delays to the start of trial, and just take "right to a speedy trial," right on out of the picture.

The judge, (Cloninger) on June, 3rd, 2003, had coercively, and illegally attached the condition of giving up my right to speak in my own defense, if I wanted to be released from jail. I did so to get out of jail. My new court appointed counsel,(Randy Tucker) that was pre-positioned by the arraignment cage, and pre-picked by judge Cloninger for what came next.
Which was to request a competency hearing, with his very first words as my counsel.

With out ever talking to me.

With no history in my entire life of mental health problems, treatment, or recommendations for such.

With no one in my life ever recommending that I should even switch to decaffienated coffee.

With no outbursts at all, in the 19 months that I had been reporting to court.

With no judge, prosecutor, public defender, clerk, or bailliff, ever complaining about my behavior, or ability to understand the proceedings, or of my exhibiting an inability to articulate what I wanted to say to the court.

Evidently, none of these "indicators" of mental health problems are needed.
Not when every one from judge, prosecutor, public defender, court certified psychologist, and county mental health director are lined up in opposition to the rule of law, and what was true being entered into the courts record, and weighed by a jury, as to its veracity and import.

AS AN ADDED BONUS, MY RIGHT TO SPEEDY TRIAL VANISHES WITH THESE FIRST WORDS OF MY "ILLUSION OF COUNSEL".

Because the right to a speedy trial is only a right in criminal court.

Competency hearings are a product of civil court. Where there is no "right to speedy trial."

My right to speedy trial was literally stolen from me in the; "Blink of an eye."

If this last statement sounds a little too melodramatic for you, then don't take my word for it, look at the next line after; "defense declares doubt as to defendents mental competency," in the case hearing docket entries, of June, 16th, 2003.

It says; Criminal proceedings suspended. Civil proceedings commence.
 

mammamaia

Senior Member
are you intending to send this to anyone for publication, mike?... if so, it's in need of a good proofread, to catch some typos and misspellings... and its purpose isn't really clear...

could also definitely benefit from significant tightening-up and perhaps a more coherent structure...

hugs, maia
 
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