Tag: Court

Cynthia J Becker, Longtime Member of the Black Robed Mafia, Shown in Article by TinaTrent.com, http://crimevictimsmediareport.com/?p=1

by nootkabear, posted in Attorneys, corruption, Court Cases, Courts, criminal injustice, Cynthia J Becker, Danger, death, DeKalb County, Disasters, Eugenia Calle, Murder, Shamal (aka Jamal) Thompson

Becker’s excuse for her failings that caused the death of a special cancer research specialist, was that she liked the wedding dress website that the felon had told her was his website. How that woman’s family must have felt, and had to deal with her death.

TinaTrent.com ●

February 21, 2009 2:40 pm

The Anatomy of Yet Another Unnecessary Murder: How the Justice System Failed Eugenia Calle and Is Failing Us All

by Tina in Atlanta,Citizens Fight Back,Crime and Justice Blog,Judges,Recidivism

Introduction

What follows is a preliminary effort to piece together Shamal (aka Jamal) Thompson’s long and troubling journey through Georgia’s broken criminal justice system prior to February 17, 2009, the day he murdered* an innocent cancer researcher named Eugenia Calle. Ten months earlier, a DeKalb County Superior Court Judge named Cynthia J. Becker let Thompson walk free from what should have been a ten-year sentence for burglary. She did so on the grounds that he was a first-time offender.

He was not.

I gathered the records of Thompson’s many other criminal charges and pleas merely through Internet searches and a few phone calls to court clerks in Fulton, DeKalb and Gwinnett Counties in Georgia. These counties and jurisdictions vary quite significantly in their commitment to making public safety information available to the public. Fulton County’s public records system is almost uniquely shameful in comparison to similar courts throughout the country, while DeKalb County’s records are impressively detailed and easy to access on-line.

This information is preliminary, based only on a few phone calls and web searches. If you choose to reproduce or quote this article, please understand that I am unable to guarantee its absolute accuracy at this point. Court records themselves often contain errors, and I can only reproduce what is entered on-line by the courts. However, I include the public records case numbers for every case I cite, and if anyone involved in the justice system (or not) wishes to offer corrections or add to this account, please contact me through this website.

Why Didn’t Judge Cynthia Becker Do What I Did?

I am not a lawyer. I don’t even live in Georgia anymore, though I lived in southeast Atlanta for twenty years. Yet I managed to look up Shamal Thompson’s criminal history while sitting at a computer in Florida. From 500 miles away, with no press credentials or official status or legal secretary or law clerk, I was able to easily discover what several judges in Georgia apparently did not care enough to find out: Shamal Thompson was no “first-time offender,” or mere “troubled kid” when he strolled into courtrooms throughout Metro Atlanta and was repeatedly given a slap on the wrist and a fourth, or tenth, second chance. He was no first-time offender when he strolled into Eugenia Calle’s condominium and beat her to death on Tuesday.

He was clearly no first-time offender in 2006, when he walked away from felony charges of aggravated assault in DeKalb County after the ADA declined to present the case against him to the Grand Jury (DeKalb County on-line Judicial System, #D0170113). He was no first-time offender in 2007, when State Court of Fulton County Judge John Mather let him take a plea on theft-by-taking (State Court of Fulton County #06CR314782). And he was certainly no first-time offender ten months ago, when DeKalb County Superior Court Judge Cynthia J. Becker let him walk out of prison with time served on a ten-year sentence for Burglary that she chose to reduce to a six-month “first offender” sentence, and then reduced, even more, to time served (DeKalb County On-Line Judicial System #07CR3936).

How does ten years become six months become time served? How does somebody who has bonded out of several courts and been charged with multiple crimes multiple times keep getting defined as a “first-time offender?” Why do judges keep releasing him, and DAs keep declining to prosecute him? How many innocent people have to die before we acknowledge that our courts are so de-funded and functionally broken that predators have little or nothing to fear from being arrested over and over and over again?

How many people have to die before we say that we’ve had enough?

Here is the burglary sentence delivered to Shamal Jerome Thompson on April 3, 2008 in a courtroom in DeKalb County, Georgia. Think of it as Eugenia Calle’s death sentence:

Docket Text Details

Case ID 07CR3936
Description Sentence
Docket Filing Date 03-APR-2008
Associated Party SHAMAL JEROME THOMPSON
Text
AS TO THOMPSON, FIRST OFFENDER SENTENCE, 10 YEARS TO SERVE 6 MONTHS IN JAIL AS TO COUNT 1. CREDIT FOR TIME SERVED FROM 9/30/2006 – 10/4/2006 AND FROM 2/11/2008 TO PRESENT, TIME TO SERVE REDUCED TO TIME SERVED. MUST PAY $32/M PROBATION FEE AND $50 INDIGENT DEFENSE FEE, RESTITUTION IN THE AMOUNT OF $350, RESTITUTION NEEDS TO BE PAID WITHIN 12 MONTHS, IF PROBATION IS DONE CORRECTLY AND RESTITUTION IS PAID CASE MAY CLOSE AFTER 5 YEARS. SIGNED BY JUDGE BECKER ON 4/3/2008
Why did Judge Becker give Thompson First Offender status? His adult record stretches back virtually to the day he ceased being a juvenile, which certainly suggests that he committed crimes that we, the public, cannot even know about before he turned 18. And why, once again, was I able to find these things on-line, hundreds of miles away, while the courts in Atlanta kept letting Shamal Thompson back onto the streets?

WSB Atlanta offers some truly gut-wrenching insight into what Judge Becker was using her Internet for when she should have been looking into Thompson’s criminal history before sentencing him on those burglary charges. She was looking at the bridal gown website Thompson claimed to have designed. According to WSB (and WSB was the only news station that reported this), “Judge Becker cited the Web site and the ‘beautiful designs’ on the site as part of the reason for the light sentence she gave Thompson in the burglary case.”

Let’s take a moment to let that sink in.

Perhaps because I wasn’t busy looking at bridal gowns, what I found on-line about Shamal Thompson had less to do with taffeta than serial identity theft. And fraud. Little clues that should have led the Judge to ask herself: “Is this guy even telling me the truth when he tells me he’s a bridal fashion designer?” Cynthia Becker needs to resign, out of embarrassment if not some deeper comprehension of the grotesquely ironic lack of judgment she displayed.

Am I the only person who thinks Cynthia Becker needs to quit her day job? Well, here’s a good way for you to decide. Because DeKalb County keeps such stellar on-line records, you can actually go to their website, the Online Judicial System of DeKalb County.

Go to Shamal Thompson’s case, #07CR3936, and you will see a list of documents – a case docket. Some of the documents are on-line, and some, like the court transcripts, aren’t on-line, but you can go to the court and request to see those. Or pick some other offender – someone who has been terrorizing your neighborhood, or someone who has been in and out of the courts, or another of Becker’s cases. Take a look at the dockets and think about all of the money we’re wasting on truly baroque and foolish things, while the crimes themselves – the point of the courts – seem to literally disappear in the endless processing and pleading and not prosecuting, or “nolle prosequi.”

Nolle prosequi can occur because nobody had the resources to even investigate the case, or because there are too many defendants, or too many crimes, or because the public has become so gob-smacked with the idea that they are freeing innocent men that it is practically impossible to get most people put away anymore. Nolle prosequi might as well be translated: we’re losing this game every day.

And don’t expect critical news about the broken court system from the daily paper. They run personality pieces on criminals and mash notes about defense attorneys and never, ever, challenge judges. The AJC hasn’t done a substantive series questioning sentencing in the courts since 1993. They’ll go after the police, and some of the time when they do they should, but the courts get treated with real kid gloves.

So I encourage you to go to the courthouse and see how things work. But please remember, court clerks are busy people. The good ones rank among the un-noticed heroes of our dysfunctional courts. They don’t get the cushy no-show jobs like Juanita Hicks, former Fulton County Clerk of Court, who appointed her crony, Cathelene Robinson, who then turned around and paid Juanita to “write a history of the Clerk’s Office,” which Hicks of course, didn’t get around to writing.

But she did take the money, which is just one reason why Fulton County says it can’t afford to put criminal records on-line, so you can’t go on-line and find information about the dirt-bag who just kicked in your back door.

Just remember that when you’re standing in the hallway of the courthouse with a paper in your hand on which Judge Cynthia Becker prattles on about Shamal Thompson’s design skills: it wasn’t the clerk behind the counter who let Thompson walk out the door you’re about to walk out through. The clerk behind the counter probably would have thrown him in prison, where he belonged.

Who is Shamal Thompson?

I know nothing of Thompson’s life story. For that type of “color coverage,” you’ll have to wait for the AJC to run long, plaintive stories about his difficult youth. Meanwhile, here is what I was able to find out about Shamal Thompson’s crimes and history, so far:

Thompson was born either on 3/11/86 or 11/3/86, and he may well have used different birthdates, as well as different names, to avoid detection of his other crimes. Of course, with technology like the In-ter-net, and fingerprint databases, such simple ploys should not have worked at all. Did they? Interesting question.

On May 18, 2005, a warrant was issued for Thompson in Gwinnett County on the charge of theft by receiving stolen property (#05W-17152). It would be two years before the courts addressed these charges. He also apparently committed an act of theft on December 9, 2005 (#06CR314782). The information I received was confusing, but the State Court of Fulton County wouldn’t address those charges, either, until 2007.

Meanwhile, on September 28, 2005, Thompson was arrested in DeKalb County. He was released on October 5. Charges included felony aggravated assault, fleeing/attempt to elude, and reckless driving. Eight months later, on July 25, 2006, an Assistant District Attorney declined to present the case to a Grand Jury in DeKalb, and Thompson walked (#D0170113, or use the name Shamal Thompson, and be sure to hit the “all” button on the “case status” prompt).

Why did the ADA decline to go forward with the case? Why didn’t the jurisdictions of Gwinnett and DeKalb communicate with each other and deliver Thompson to Gwinnett to face his outstanding warrant there?

In any case, on August 26, 2006 (note, we’re up to 2006 now – the dates get confusing: there’s so many of them), Thompson committed a felony burglary in DeKalb County. He was arrested and spent five days in jail – from September 30 to October 4, 2006. This case wouldn’t reappear until 2008, in Judge Becker’s court.

About ten weeks later, December 5, 2006, Thompson was in trouble again, this time in the State Court of Fulton County. I have little information on this case, and the on-line database from the State Court of Fulton County is ridiculously unusable. The charge was forgery-in-the-first-degree; Thompson was the second defendant in the case, and it is “still open,” according to a helpful clerk on the phone. The case number is #06CP5770.

Next, on or around December 18, 2006, Thompson was either charged with theft-of-services and identity fraud or appeared in court on those charges. Again, the information I have is confusing, but the clerk told me that the case is still open; the “last court date scheduled for it was January 2, 2007; and that the Fulton DA “hasn’t scheduled another court date.” The case number is #06CP60870.

All of this could be made clear to us on-line, of course, if there were any functioning leadership at the Clerk of Court during the expensive and ruinous years of Juanita Hicks and Cathelene Robinson.

The next day, December 19, 2006, Thompson had 11 counts of identity fraud “dismissed at jail.” Whatever that means. It could be that some overworked cop didn’t show up, or didn’t show up the sixth time, after Thompson’s defense attorney managed to spin the date a half-dozen times before. It could mean some paperwork disappeared. Or was disappeared. It could be that the overworked DA’s office couldn’t cope, that the case seemed insignificant compared to the thousands of others they were investigating and preparing. In any case, in case #06CP60926, Thompson walked out the door. Free again.

For forty days, at least. On January 30, 2007, the State Court of Fulton County got around to addressing Thompson’s 12/9/2005 theft charge. Judge John Mather accepted a plea, and Thompson walked. The case number is #06CR314782.

It would be great if somebody in Atlanta would go to the State Court of Fulton County and take a look at Judge Mather’s sentence and any other materials related to the case. For if Thompson accepted a plea, why is it that Judge Becker gave him a first-time offender’s break, and Judge Michael Clark (we’ll get to him next) simply dropped charges against him and let him walk?

Onward and upward. On April 23, 2007, Judge Michael Clark of the Gwinnett Superior Court cut Thompson a deal: in exchange for Thompson pleading guilty to theft by receiving, Clark dropped another charge of theft by taking and gave him five years probation — as a first offender. Case #06-B-02474-4, Gwinnett Courts.

Questions arise. If Thompson pleaded guilty on January 30, 2007, why did he get to plead guilty, again, as a first offender, some seven weeks later? For that matter, had Judge Mather give him a first-offender deal, too, those seven weeks prior to his second first-offender plea, despite his juvenile record, if it exists, and all the other confirmed charges floating around? The head swims. But, then again, I’m sitting here in Florida, getting paid nothing to watch the dolphins cavort, dreaming of crime victims.

I’m not some judge in her chambers in DeKalb County getting paid to enforce the law. Dreaming of wedding gowns.

Some time around February 11, 2008, Shamal Thompson was back in jail again in DeKalb County, where he stayed until April 3, when he convinced Judge Cynthia J. Becker that his bridal gown web design skills entitled him to a third first-offender sentence, a further reduction in that sentence, and immediate release with time served, justice be damned.

And 319 days later it was, wasn’t it?

What Will Happen Now?

What will happen now is that Shamal Thompson has just bought himself (on our tab) a very expensive and high-profile defense team who will use our money to accuse us as a society of failing this talented /troubled/ mentally unstable/ promising/ neglected/ sensitive/ misunderstood young man while using every trick they’ve embedded in the criminal justice system to try to get him off again as they grandstand to enhance their public personas while lining their pockets and wailing that they do all this in order to defend justice from its enemies.

Lapdogs in the daily press will breathlessly report this.

Eugenia Calle’s family and loved ones will bury her body and remember all the good she did while she was alive.

Her colleagues will go back to trying to cure cancer.

Who Was That Who Saw it Coming?

In 2005, a writer named Coley Ward published a startling article in Atlanta’s Creative Loafing. Called “Case Dismissed: Accused Felons Often Are Released When Officers Fail to Testify,” Ward interviewed Fulton County Magistrate Judge Richard Hicks, who complained that more than half of the felony cases scheduled in his courtroom had to be dismissed, usually when police officers didn’t show up to testify. The police argued back that they didn’t always receive subpoenas in time, or that they were on duty elsewhere or off the clock – working for free. DA Paul Howard (whose own staff is stretched beyond human means) argued that most of those felons eventually got re-arrested for something else and thus indicted, an argument Judge Hicks called statistically untrue. Even if it were true, Coley Ward points out, what type of system lets out half its felons, or more, on the grounds that they’ll be back again soon?

Everybody agreed on one thing, though: the justice system is so broken that the chance of a felon even getting indicted once he has been caught, if he is caught, is so small in Fulton County that it hardly seems worth worrying about.

Now picture Shamal Thompson boldly strolling through Dr. Eugenia Calle’s condominium lobby, trying to get back into her apartment, where he knew her body lay, after killing her and going on a cold-blooded shopping spree with her credit card. No consequences. No fear.

We should have all seen it coming. Thompson appears before Judge Richard Hicks on March 3, four years after Hicks pulled the fire alarm on his own courthouse.

And the Mayor and the Chief of Police continue to say that there’s no problem, that it’s all in people’s heads, that crime is down.

I once had a defense attorney say: “Geez, you take this stuff so personally.” Well, I’m a victim of violent crime, and so is my husband and many, many of my friends in Atlanta. I matriculated from Emory University’s Graduate School, and as a public health worker and lobbyist, I occasionally worked with the epidemiologists, including those involved in seeking the links between hormones and cancer that defined Eugenie Calle’s research (I never met her). My dear friend, Toni, lost her life to cancer two years ago. Another dear friend and mentor, Vicki, has been fighting breast cancer for years. I lost a beloved male friend suddenly to cancer last year. And since Christmas, my mother has been waging a valiant fight against late-stage lung and brain cancer.

So, yeah. As someone who prays daily for those gone to cancer and those fighting it now, I take the loss of a brilliant and dedicated cancer researcher personally. God rest.

As a crime victim, I take crime personally.

As an Emory alum, I take their community’s safety personally, and I would expect all members of the campus, even those faculty of the offender-besotted-ilk, to take the murder of a member of their community seriously.

As a woman, I take the vulnerability of women personally. As a former Atlantan who worked hard to make the city a safer place for women and children, I take crime in Atlanta seriously.

It’s up to us – black and white, neighbor by neighbor by neighbor, to come together to demand that criminals be removed from the streets. Permanently. The only way to break the cycle of violence — to save the younger brothers and sisters of all the Shamal Thompsons out there, is to change what the courts have been doing for the last thirty years.

Stop letting the predators out. All of them.

Start prosecuting crimes. All of them.

Start telling us the truth, the whole truth, and nothing but the truth about what is happening in our courts. They are the problem. And that is what this blog will be about.

I am so, so sorry for Eugenia Calle and for the people who loved her.

Tomorrow: What citizens in Atlanta are doing to fight crime and monitor the courts.

*Of course, Thompson has not yet been convicted of the crime.

Judge Brian House Up For Re-Election?

by nootkabear, posted in access to injustice, Alert, Banksters, Brian House, corruption, Court Cases, Courts, Michael Caldwell

It don’t get much more obvious that the corruption in Ringgold Georgia.  The judges there violate their ethics and the Cannons in blatant style.  Check the link to the news on Brian House.  He lied three times during the interview!

http://www.youtube.com/watch?v=VLZla0lf1pI

SHEEPLE AWAKEN!!!

by nootkabear, posted in Attorneys, Banksters, big brother, BLM, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, Fukushima, globalists, Health, Japan, Judicial Corruption, Judicial Rulings, law, Legal, malitia, manifest injustice, nuked, Radiation, radiation poisoning, the web, Tsunami, US Bank

Once Upon a Time…. I Thought the Worst We Had To Face Was Foreclosure Hell, I WAS WRONG!

Posted on June 28, 2014 by nootkabear

Ya know, I used to think that Foreclosure Hell was the worst thing we in this Country had to face.  Wow, Was I Wrong!

I didn’t realize that just like in Japan, they will cook us to death with radiation, and not even bother to tell us.  I have condemned the Japanese for nuking the world and not telling us the truth about it, but fuck me, this country is doing the same thing.

While most people go about their daily business, they never think about the fact, that a pleasure of getting rained on is killing them.  We are the walking dead, and being asleep to the fact is just fucking us up more.

I would apologize for my slang, no, crude language, but something needs to wake these sleeping zombies up!

So, they are not only going to take every house they can get their grimy paws on, but they are going to continue the slow kill of humankind from the planet.  

It is not the kids growing up now that will suffer so much, it is like the butterfly test in Fukushima.  It is the children’s children that will be riddled with deformities. 

No matter what they try to tell us, we cannot be stupid, and believe that radiation is ok.  The thought of believing that, well, it is, stupid.  The sheeple that make up this country now, is amazing.  If the government says the radiation is not hurting us, we’ll just believe them.  Because the government says so?  Yall need to get out from under the rock, and out of the sun, cause damn!  You been drinking too much water with fluoride in it, for too long, and it has made you dumb!  I take that back, it has made you dumber than dirt!

For years, they have been doing things with the weather, with our food, with our prescriptions, our health!  They have taken healthy human beings and turned them into out of shape, fat slugs that have lives that are meant for cattle.  Chemtrails is no lie either.  What about HARP?  I guess that you also believe that 911 was not an inside job.

No, I am not a conspiracy theorist, I believe in taking what is put before me, studying it, seeing it for what it is, listening to scientists, listening to experts, and deducing my own opinion.  You see, we woke up.  We quit drinking the tap water.  We quit watching the regular news.  The news media is brainwashing you sheeple, which is not hard for them to do.

Terrorists are here, they are going to get you, so we have to militarize the Police forces.  These false flag shootings, are to outrage you sheeple, so that you will agree that guns are bad, and they can confiscate our guns.  We are told that our rights have to be taken, so that we can be protected from the terrorists, etc.,

If you are so blind you cannot see your nose on your face, you will not notice that Fannie Mae, and the banks are throwing our elderly out on the street.  Right now, in Goodyear, Arizona, an 83 year old woman and her 86 year old husband are being thrown out of their home.  No one cares.  In Colorado Springs, CO, an 82 year old woman is being thrown out of her home.  No one cares.

What the hell is wrong with you sheeple?  It’s not you, so it is Ok?  The Bank With the Most Homes in the End Wins, Get Used to It!!!

Sheeple Awaken!

Neil Garfield Telling It As It Is…”Bullying As An Acceptable Way of Life – Covered By A Corporate Shell Game!

by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Injustice, Judicial Corruption, Judicial Rulings, law, Legal, US Bank

By Paul Craig Roberts – Police Are More Dangerous To The Public Than Are Criminals, (Explained to Where Even Sheeple Can Understand!)

by nootkabear, posted in Attorneys, Banksters, big brother, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, Fraud Upon the Court, globalists, Health, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, Paul Craig Roberts, the web

A MUST READ FOR EVERY AMERICAN!

From:  http://www.paulcraigroberts.org/2013/09/16/police-are-more-dangerous-to-the-public-than-are-criminals-paul-craig-roberts/

Latest Book

 PCR’s new book, HOW AMERICA WAS LOST, is now available:In Print by Clarity Press and In Ebook Format by Atwell Publishing

 

Police Are More Dangerous To The Public Than Are Criminals — Paul Craig Roberts

The goon thug psychopaths no longer only brutalize minorities–it is open season on all of us –the latest victim is a petite young white mother of two small children

http://www.informationclearinghouse.info/article36211.htm

Police Are More Dangerous To The Public Than Are Criminals

Paul Craig Roberts

The worse threat every American faces comes from his/her own government.

At the federal level the threat is a seventh war (Syria) in 12 years, leading on to the eighth and ninth (Iran and Lebanon) and then on to nuclear war with Russia and China.

The criminal psychopaths in Washington have squandered trillions of dollars on their wars, killing and dispossessing millions of Muslims while millions of American citizens have been dispossessed of their homes and careers. Now the entire social safety net is on the chopping bloc so that Washington can finance more wars.

At the state and local level every American faces brutal, armed psychopaths known as the police. The “law and order” conservatives and the “compassionate” liberals stand silent while police psychopaths brutalize children and grandmothers, murder double amputees in wheel chairs, break into the wrong homes, murder the family dogs, and terrify the occupants, pointing their automatic assault weapons in the faces of small children.

The American police perform no positive function. They pose a much larger threat to citizens than do the criminals who operate without a police badge. Americans would be safer if the police forces were abolished.

The police have been militarized and largely federalized by the Pentagon and the gestapo Homeland Security. The role of the federal government in equipping state and local police with military weapons, including tanks, and training in their use has essentially removed the police from state and local control. No matter how brutal any police officer, it is rare that any suffer more than a few months suspension, usually with full pay, while a report is concocted that clears them of any wrong doing.

In America today, police murder with impunity. All the psychopaths have to say is, “I thought his wallet was a gun,” or “we had to taser the unconscious guy we found lying on the ground, because he wouldn’t obey our commands to get up.”

There are innumerable cases of 240 pound cop psychopaths beating a 115 pound woman black and blue. Or handcuffing and carting off to jail 6 and 7 year old boys for having a dispute on the school playground.

Many Americans take solace in their erroneous belief that this only happens to minorities who they believe deserve it, but psychopaths use their unaccountable power against everyone. The American police are a brutal criminal gang free of civilian control.

Unaccountable power, which the police have, always attracts psychopaths. You are lucky if you only get bullies, but mainly police forces attract people who enjoy hurting people and tyrannizing them. To inflict harm on the public is why psychopaths join police forces.

Calling the police is a risky thing to do. Often it is the person who calls for help or some innocent person who ends up brutalized or murdered by the police. For example, on September 15 CNN reported a case of a young man who wrecked his car and went to a nearby house for help. The woman, made paranoid by the “war on crime,” imagined that she was in danger and called police. When the police arrived, the young man ran up to them, and the police shot him dead. http://www.cnn.com/2013/09/15/justice/north-carolina-police-shooting/

People who say the solution is better police training are unaware of how the police are trained. Police are trained to perceive the public as the enemy and to use maximum force. I have watched local police forces train. Two or three dozen officers will simultaneously empty their high-capacity magazines at the same target, a minimum of 300 bullets fired at one target. The purpose is to completely destroy whatever is on the receiving end of police fire.

US prosecutors seem to be the equal to police in terms of the psychopaths in their ranks. The United States, “the light unto the world,” not only has the highest percentage of its population in prison of every other country in the world, but also has the largest absolute number of people in prison. The US prison population is much larger in absolute numbers that the prison populations of China and India, countries with four times the US population.

Just try to find a prosecutor who gives a hoot about the innocence or guilt of the accused who is in his clutches. All the prosecutor cares about is his conviction rate. The higher his conviction rate, the greater his success even if every person convicted is innocent. The higher his conviction rate, the more likely he can run for public office.

Many prosecutors, such as Rudy Giuliani, target well known people so that they can gain name recognition via the names of their victims.

The American justice (sic) system serves the political ambitions of prosecutors and the murderous lusts of police psychopaths. It serves the profit motives of the privatized prisons who need high occupancy rates for their balance sheets.

But you can bet your life that the American justice (sic) system does not serve justice.

While writing this article, I googled “police brutality,” and google delivered 4,100,000 results. If a person googles “police brutality videos,” he will discover that there are more videos than could be watched in a lifetime. And these are only those acts of police brutality that are witnessed and caught on camera.

It would take thousands of pages just to compile the information available.

The facts seem to support the case that police in the US commit more crimes and acts of violence against the public than do the criminals who do not wear badges. According to the FBI crime Statisticshttp://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/summary in 2010 there were 1,246,248 violent crimes committed by people without police badges. Keep in mind that the definition of violent crime can be an expansive definition. For example, simply to push someone is considered assault. If two people come to blows in an argument, both have committed assault. However, even with this expansive definition of violent crimes, police assaults are both more numerous and more dangerous, as it is usually a half dozen overweight goon thugs beating and tasering one person.

Reports of police brutality are commonplace, but hardly anything is ever done about them. For example, on September 10, AlterNet reported that Houston, Texas, police routinely beat and murder local citizens.http://www.alternet.org/investigations/cops-are-beating-unarmed-suspect-nearly-every-day-houston?akid=10911.81835.yRJa7d&rd=1&src=newsletter894783&t=9&paging=off

The threat posed to the public by police psychopaths is growing rapidly. Last July 19 the Wall Street Journal reported: “Driven by martial rhetoric and the availability of military-style equipment–from bayonets and M-16 rifles to armored personnel carriers–American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the US scene: the warrior cop–armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.”

The Wall Street Journal, being an establishment newspaper, has to put it as nicely as possible. The bald fact is that today’s cop in body armor with assault weapons, grenades, and tanks is not there to make arrests of suspected criminals. He is there in anticipation of protests to beat down the public for exercising constitutional rights.

To suppress public protests is also the purpose of the Department of Homeland Security Police, a federal para-military police force that is a new development for the United States. No one in their right mind could possibly think that the vast militarized police have been created because of “the terrorist threat.” Terrorists are so rare that the FBI has to round up demented people and talk them into a plot so that the “terrorist threat” can be kept alive in the public’s mind.

The American public is too brainwashed to be able to defend itself. Consider the factthat cops seldom face any consequence when they murder citizens. We never hear cops called “citizen killer.” But if a citizen kills some overbearing cop bully, the media go ballistic: “Cop killer, cop killer.” The screaming doesn’t stop until the cop killer is executed.

As long as a brainwashed public continues to accept that cop lives are more precious than their own, citizens will continue to be brutalized and murdered by police psychopaths.

I can remember when the police were different. If there was a fight, the police broke it up. If it was a case of people coming to blows over a dispute, charges were not filed. If it was a clear case of assault, unless it was brutal or done with use of a weapon, the police usually left it up to the victim to file charges.

When I lived in England, the police walked their beats armed only with their billysticks.

When and why did it all go wrong? Among the collection of probable causes are the growth or urban populations, the onslaught of heavy immigration on formerly stable and predictable neighborhoods, the war on drugs, and management consultants called in to improve efficiency who focused police on quantitative results, such as the number of arrests, and away from such traditional goals as keeping the peace and investigating reported crimes.

Each step of the way accountability was removed in order to more easily apprehend criminals and drug dealers. The “war on terror” was another step, resulting in the militarization of the police.

The replacement of jury trials with plea bargains meant that police investigations ceased to be tested in court or even to support the plea, usually a fictitious crime reached by negotiation in order to obtain a guilty plea. Police learned that all prosecutors needed was a charge and that little depended on police investigations. Police work became sloppy. It was easier simply to pick up a suspect who had a record of having committed a similar crime.

As justice receded as the goal, the quality of people drawn into police work changed. Idealistic people found that their motivations were not compatible with the process, while bullies and psychopaths were attracted by largely unaccountable power.

Much of the blame can be attributed to “law and order” conservatives. Years ago when New York liberals began to observe the growing high-handed behavior of police, they called for civilian police review boards. Conservatives, such as National Review’s William F. Buckley, went berserk, claiming that any oversight over the police would hamstring the police and cause crime to explode.

The conservatives could see no threat in the police, only in an effort to hold police accountable. As far as I can tell, this is still the mindset.

What we observed in the police response to the Boston Marathon bombing suggests that the situation is irretrievable. One of the country’s largest cities and its suburbs–100 square miles–was tightly locked down with no one permitted to leave their homes, while 10,000 heavily armed police, essentially combat soldiers armed with tanks, forced their way into people’s homes, ordering them out at gunpoint. The excuse given for this unprecedented gestapo police action was a search for one wounded 19-year old kid.

That such a completely unnecessary and unconstitutional event could occur in Boston without the responsible officials being removed from office indicates that “the land of the free” no longer exists. The American population of the past, suspicious of government and jealous of its liberty, has been replaced by a brainwashed and fearful people, who are increasingly referred to as “the sheeple.”

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About Dr. Paul Craig Roberts

Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. Roberts’ latest books are The Failure of Laissez Faire Capitalism and The Failure of Laissez Faire Capitalism and Economic Dissolution of the West and How America Was Lost.

Bundy Ranch And Rights of the American People

by nootkabear, posted in Attorneys, Banksters, big brother, BLM, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, globalists, Health, law, Legal, malitia, manifest injustice

Bundy Update: If This Politician Has His Way, The Feds Could Start Taking Out The Militia

“Get rid of these armed separatists.”

Avatar of B. Christopher Agee B. CHRISTOPHER AGEE — MAY 6, 2014
Photo Credit: Facebook/U.S. Rep. Tony Cárdenas

Along with Nevada Sen. Harry Reid, state Rep. Steven Horsford has been a constant voice of opposition against those who came to his state to support Cliven Bundy against federal agents they believed were using excessive force. Despite a dearth of evidence to back up his claim, Horsford has publicly stated that militia members in the Bunkerville area have established armed checkpoints and are routinely harassing local citizens.

His latest call to rid the area of these protesters came this past weekend during comments he made at an event in a neighboring town.

According to his account, an unidentified fifth grader told him Bundy suffers from a “sense of entitlement,” which apparently prompted Horsford to once again protest the presence of armed militiamen in his district.

“And that is why I am calling on [Gov.] Brian Sandoval, Sen. Dean Heller, the sheriff and any other elected official in Nevada to do their part to get rid of these armed separatists.”

Despite the fact that Nevada law allows individuals to carry firearms, Horsford wants local law enforcement to force these concerned citizens out of the community. Furthermore, he has called for a federal investigation into the activities of the remaining protesters.

Both Sandoval and Heller are Republicans who have, to varying degrees, spoken out against the invasion of federal Bureau of Land Management agents last month in Clark County.

Heller has been more supportive of Bundy and his supporters, however, describing protesters as “patriots.”

Sheriff Doug Gillespie did not immediately comment on the latest demand made by Horsford. For his part, Sandoval offered a measured response to a question regarding whether Gillespie is planning to use force in removing the protesters.

“No,” he said, “and even if he had said that, I wouldn’t share that with you; because certainly that’s a conversation between the two of us.”

Late last week, a post on the Bundy Ranch Facebook page indicated the family was calling on protesters to join them in filing a criminal complaint against the BLM. A lengthy post published Friday offered a transcription of a statement delivered by Ammon Bundy at the Clark County Sheriff’s Office earlier that day.

 

Post by Bundy Ranch.
Photo Credit: Facebook/U.S. Rep. Tony Cárdenas


Read more at http://www.westernjournalism.com/nevada-democrat-wants-feds-return-time-take-militiamen/#bBl45xzbyVYtHy0X.99

Cops Killing Dogs, and Loving It!

by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, globalists, Health, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, the web
APRIL 4, 2014

Stay Away From Oklahoma With Your Pets!

Oklahoma Police Officer Shoots Family’s Dog Then Brags It was ‘Awesome’

 
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An Oklahoma family is devastated after a police officer shot their family pet for simply jumping the fence and getting loose.

Cali, a 2-year-old pit bull had escaped from the yard and had been reported by neighbors to be running loose in the neighborhood. When police and animal officers arrived, Cali evaded the officers, who then decided that the only way to handle the situation was the kill the dog.

Officer Brice Woolly shot one round into the neck of Cali, who was still breathing after the first shot. The police officer then instructed the animal control officer to finish the job.

A neighbor present when the shooting occurred claims Woolly seemed to take delight in downing the dog and overheard him saying to the animal control officer, ”Did you see the way its collar flew up into the air when I blew it’s head off? It was awesome!”

The neighbor also heard Woolly coach the animal control officer on how to fill out the report to avoid trouble.  ”We are just going to write this up in the report as the dog tried to attack me and you and others in the neighborhood,” Woolly told the other shooter, according to the neighbor’s account.

Cali’s death is also not the first time, or even the first time this month, that Officer Woolly used deadly force on an animal because it was ‘aggressive’ and the owner could not be located. On March 14, Woolly shot a dog twice. The owner of that dog was never found.

Despite the questions in the case, the Ardmore Police Department claims the matter has been closed and that Officer Woolly acted within the line of duty in shooting the dog.

Local residents and animal lovers, however, disagree. A petition that has already garnered over 17,000 signatures on Change.org  is calling for Woolly’s firing for his cruel action. A peaceful rally is also planned for March 29 to protest Cali’s killing by Officer Woolly.

Photo Credit: Facebook/Justice for Cali

Never Ending Foreclosures

by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, US Bank

      Foreclosure filings were reported on 124,419 U.S. properties in January 2014, an 8 percent increase from December but still down 18 percent from January 2013.  Foreclosure filings were reported on 1,361,795 U.S. properties in 2013, down 26 percent from 2012 and down 53 percent from the peak of 2.9 million properties with foreclosure filings in 2010.  But still, 9.3 million U.S. residential properties were deeply underwater representing 19 percent of all properties with a mortgage in December 2013, down from 10.7 million homes underwater in September 2013.[1] 

            In 2006 there were 1,215,304 foreclosures, 545,000 foreclosure filings and 268,532 Home Repossessions.  By 2007 foreclosures had almost doubled – up to 2,203,295 with 1,260,000 foreclosure filings and 489,000 Home Repossessions.  2008 saw an even further increase to 3,019,482 foreclosures, 2,350,000 Foreclosure filings and 679,000 Home Repossessions.  In 2009 – 3,457,643 foreclosures, 2,920,000 foreclosure filings, and 945,000 Home Repossessions.  2010:  3,843,548 foreclosures, 3,500,000 foreclosure filings, and 1,125,000 Home Repossessions.  2011:  3,920,418 foreclosures, 3,580,000 foreclosure filings, and 1,147,000 Home Repossessions.  Then January to September 2012:  1,616,427 foreclosures 1,382,000 foreclosure filings and 572,844 Repossessions.  The remainder of 2012 – September through December saw an additional 2,300,000 foreclosures, 2,100,000 foreclosure filings and 700,000 Repossessions.  In other words, from 2006 through 2012, there were a total of  21,576,117 foreclosures; 17,637,000 foreclosure filings; 5,926,376 Home Repossessions.  The foreclosures added to the repossessions is equal to:  27,502,493[2].  The numbers are staggering.

            Many of the homes have been wrongfully foreclosed upon, where either the party had not been in default, or the foreclosing party lacked standing to foreclose.  It has become almost as lawless as the wildwest, or comparable to a shark feeding frenzy.

[1] All of the foreclosure figures came from RealtyTrac:  http://www.realtytrac.com/content/foreclosure-market-report

[2] http://www.statisticbrain.com/home-foreclosure-statistics/Statistic Verification  Source: RealtyTrac, Federal Reserve, Equifax

New Legal Issues – Jeff Barnes Esq., Foreclosure Defense Nationwide

by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, US Bank

NEW LEGAL ISSUES COMING UP IN TRIAL AND APPELLATE COURTS

DECEMBER 16, 2013

December 16, 2013

With the release of the US Bank admissions per our post of November 6, 2013; the issuance of the opinions from the Supreme Courts of Oregon and Montana holding that MERS is not the “beneficiary”; and recent opinions from various jurisdictions which are now, finally, holding that securitization-related issues are relevant in a foreclosure, a host of new legal issues are about to be litigated in the trial and appellate courts throughout the country. It has taken six (6) years and coast-to-coast work to get courts to realize that securitization of a mortgage loan raises issues as to standing, real party in interest, and the alleged authority to foreclose, and that the simplistic mantra of the “banks” and servicers of “we have the note, thus we win” is no longer to be blindly accepted.

One issue which we and others are litigating relates to mortgage loans originated by Option One, which changed its name to Sand Canyon Corporation and thereafter ceased all mortgage loan operations. Pursuant to the sworn testimony of the former President of Sand Canyon, it stopped owning mortgage loans as of 2008. However, even after this cessation of any involvement with servicing or ownership of mortgage loans, we see “Assignments” from Option One or Sand Canyon to a securitization trustee bank or other third party long after 2008.

The United States District Court for the District of New Hampshire concluded, with the admission of the President of Sand Canyon, that the homeowner’s challenge to the foreclosure based on a 2011 alleged transfer from Sand Canyon to Wells Fargo was not an “attack on the assignment” which certain jurisdictions have precluded on the alleged basis that the borrower is not a party to the assignment, but is a situation where no assignment occurred because it could not have as a matter of admitted fact, as Sand Canyon could not assign something it did not have. The case is Drouin v. American Home Mortgage Servicing, Inc. and Wells Fargo, etc., No. 11-cv-596-JL.

The Option One/Sand Canyon situation is not unique: there are many originating “lenders” which allegedly “assigned” mortgages or Deeds of Trust long after they went out of business or filed for Bankruptcy, with no evidence of post-closing assignment authority or that the Bankruptcy court having jurisdiction over a bankrupt lender ever granted permission for the alleged transfer of the loan (which is an asset of the Bankruptcy estate) out of the estate. Such a transfer without proof of authority to do so implicates bankruptcy fraud (which is a serious crime punishable under United States criminal statutes), and fraud on the court in a foreclosure case where such an alleged assignment is relied upon by the foreclosing party.

As we stated in our post of November 6, the admission of US Bank that a borrower is a party to any MBS transaction and that the loan is governed by the trust documents means that the borrower is, in fact, a party to any assignment of that borrower’s loan, and should thus be permitted to seek discovery as to any alleged assignment and all issues related to the securitization of the loan. We have put this issue out in many of our cases, and will be arguing this position at both the trial and appellate levels beginning early 2014.

Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com

Thoughts on Foreclosures

by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, foreclosure, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

James and I were working outside, and he called me over and we began talking about that which occupies most of out time…  

Foreclosures.  

Many people don’t realize it, but there are many unseen reasons that people are foreclosed on.  After putting people into  toxic loans, and putting those toxic loans into pools with numerous other toxic loans, there was just a matter of time before the loans would go default, we all know that, the payments would become unmanageable.  

But many people, those who came to a better standing than they had been before, and being more prosperous, and even those who were not,  would have gone on to refinance those loans.  That could not be allowed to happen, because the loans would be paid off and the loans dissolved.  How do you stop someone from refinancing their loan?  Foreclose before they can.

They could not have anyone pulling the loans out of the Trusts that the loans had allegedly gone into, there was no money in the Trusts anyway.  The Banksters have a way of turning everything into a matter of profit.

Foreclosure Defense Nationwide – Jeff Barnes, Esq

by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, U, US Bank

 

Jeff Barnes, Esq. On the Ball! 

http://foreclosuredefensenationwide.com/?p=533

US BANK ADMITS, IN WRITING FROM THEIR CORPORATE OFFICE, THAT THE BORROWER IS A PARTY TO AN MBS TRANSACTION; THAT SECURITIZATION TRUSTEES ARE NOT INVOLVED IN THE FORECLOSURE PROCESS; HAVE NO ADVANCE KNOWLEDGE OF WHEN A LOAN HAS DEFAULTED; THAT THE “TRUE BENEFICIAL OWNERS” OF A SECURITIZED MORTGAGE ARE THE INVESTORS IN THE MBS; AND THAT THE GOAL OF A SERVICER IS TO “MAXIMIZE THE RETURN TO INVESTORS”                                                                                                                                                                                                 November 6, 2013

 We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process. The brochure accompanied a letter from US Bank to one of our clients which states: “Your account is governed by your loan documents and the Trust’s governing documents”, which admission clearly demonstrates that the borrower’s loan is directly related to documents governing whatever securitized mortgage loan trust the loan has allegedly been transferred to. This brochure proves that Courts which have held to the contrary are wrong on the facts. 

The first heading of the brochure is styled “Distinct Party Roles”. The first sentence of this heading states: “Parties involved in a MBS transaction include the borrower, the originator, the servicer and the trustee, each with their own distinct roles, responsibilities and limitations.” MBS is defined at the beginning of the brochure as the sale of “Mortgage Backed Securities in the capital markets”. The fourth page of the brochure also identifies the “Parties to a Mortgage Backed Securities Transaction”, with the first being the “Borrower”, followed by the Investment Bank/Sponsor, the Investor, the Originator, the Servicer, the Trust (referred to “generally as a special purpose entity, such as a Real Estate Mortgage Investment Conduit (REMIC)”), and the Trustee (stating that “the trustee does not have an economic or beneficial interest in the loans”). 

The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”? 

The second page also states: “All trustees for MBS transactions, including U.S. Bank, have no advance knowledge of when a mortgage loan has defaulted.” Really? So when, for example, MERS assigns, in 2011, a loan to a 2004 Trust where the loan has been in default since 2008, no MBS “trustee” bank (and note that it says “All” trustees) do not know that a loan coming into the trust is in default? The trust just blindly accepts loans which may or may not be in default without any advanced due diligence? Right. Sure. Of course. LOL. 

However, that may be true, because the trustee banks do not want to know, for then they can take advantage of the numerous insurances, credit default swaps, reserve pools, etc. set up to pay the trust when loans are in default, as discussed below. 

The same page states that “Any action taken by the servicer must maximize the return on the investment made by the ‘beneficial owners of the trust’ — the investors.” The fourth page of the brochure states that the investors are “the true beneficial owners of the mortgages”, and the third page of the brochure states “Whether the servicer pursues a foreclosure or considers a modification of the loan, the goal is still to maximize the return to investors” (who, again, are the true beneficial owners of the mortgage loans). 

This is a critical admission in terms of what happens when a loan is securitized. The borrower initiated a mortgage loan with a regulated mortgage banking institution, which is subject to mortgage banking rules, regulations, and conditions, with the obligation evidenced by the loan documents being one of simple loaning of money and repayment, period. Once a loan is sold off into a securitization, the homeowner is no longer dealing with a regulated mortgage banking institution, but with an unregulated private equity investor which is under no obligation to act in the best interest to maintain the loan relationship, but to “maximize the return”. This, as we know, almost always involves foreclosure and denial of a loan mod, as a foreclosure (a) results in the acquisition of a tangible asset (the property); and (b) permits the trust to take advantage of reserve pools, credit default swaps, first loss reserves, and other insurances to reap even more monies in connection with the claimed “default” (with no right of setoff as to the value of the property against any such insurance claims), and in a situation where the same risk was permitted to be underwritten many times over, as there was no corresponding legislation or regulation which precluded a MBS insurer (such as AIG, MGIC, etc.) from writing a policy on the same risk more than once. 

As those of you know who have had Bloomberg reports done on securitized loans, the screens show loans which have been placed into many tranches (we saw one where the same loan was collateralized in 41 separate tranches, each of which corresponded to a different class of MBS), and with each class of MBS having its own insurance, the “trust” could make 41 separate insurance claims AND foreclose on the house as well! Talk about “maximizing return for the investor”! What has happened is that the securitization parties have unilaterally changed the entire nature of the mortgage loan contract without any prior notice to or approval from the borrower. 

There is no language in any Note or Mortgage document (DOT, Security Deed, or Mortgage) by which the borrower is put on notice that the entire nature of the mortgage loan contract and the other contracting party may be unilaterally changed from a loan with a regulated mortgage lender to an “investment” contract with a private equity investor. This, in our business, is called “fraud by omission” for purposes of inducing someone to sign a contract, with material nondisclosure of matters which the borrower had to have to make the proper decision as to whether to sign the contract or not. 

U.S. Bank has now confirmed, in writing from its own corporate offices in St. Paul, Minnesota, so much of what we have been arguing for years. This brochure should be filed in every securitization case for discovery purposes and opposing summary judgments or motions to dismiss where the securitized trustee “bank” takes the position that “the borrower is not part of the securitization and thus has no standing to question it.” U. S. Bank has confirmed that the borrower is in fact a party to an MBS transaction, period, and that the mortgage loan is in fact governed, in part, by “the Trust’s governing documents”, which are thus absolutely relevant for discovery purposes. 

Jeff Barnes, Esq.,

http://www.ForeclosureDefenseNationwide.com

From Living Lies – On Stopa’s Courage, and Appellate Court’s Bias

by nootkabear, posted in Attorneys, Court Cases, Courts, foreclosure, Injustice, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

Attorney Mark Stopa Shows Guts Confronting Appellate Court Bias

Posted on October 4, 2013 by Neil Garfield 

http://livinglies.wordpress.com/2013/10/04/attorney-mark-stopa-shows-guts-confronting-appellate-court-bias/ 

I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether the Plaintiff in a foreclosure case needs to have standing at the commencement of the action. Whether it is jurisdictional or not (I think it is clearly jurisdictional) Stopa is both right on the law and right on his challenge to the Court on the grounds of BIAS. 

The concurring opinion of the court actually says that the court is ruling for the homeowner because it must — but asserts that it is leading to a result that fails to expedite cases where the outcome of the inevitable foreclosure is never in doubt. In other words, the appellate court has officially taken the position that we know before we look at a foreclosure case that the bank should win and the homeowner should lose. The entire court should be recused for bias that they have put in writing. What homeowner can bring an action or defend an action where the outcome desired by the courts in that district have already decided that homeowners are deadbeats and their defenses are quite literally a waste of time? Under the rules, the Court should not hear the the motion for rehearing en banc, should vacate that part of the decision that sets up the rube certified question, and the justices who participated must be recused from hearing further appeals on foreclosure cases. 

Lest their be any mistake, and without any attempt to step on the toes of Stopa’s courageous brief on an appeal he already won, I wish to piggy back on his brief and expand certain points. The problem here might be the subject of a federal due process action against the state. Judges who have already decided foreclosure or mortgage litigation cases before they even see them are not fit to hear them. It IS that simple.

The question here was stated as the issue of standing at the commencement of the lawsuit. Does the bank need to have a claim before it files it? The question is so absurd that it is difficult to address without a joke. But this is not funny. The courts have rapidly evolved into a position that expedited decisions are better than fair decisions. There is NOTHING in the law that supports that position and thousands of cases that say the opposite is true under our system of law. Any judge who leans the other way should be recused or taken off the bench entirely. 

In lay terms, the Appellate Court’s certified question would allow anyone who thinks they might have a claim in the future to file the lawsuit now. And the Court believes this will relieve the clogged court calendars. If this matter is taken seriously and the Supreme Court accepts the certified question for serious review it will merely by acceptance be making a statement that makes it possible for all kinds of claims that anticipate an injury. 

It is bad enough that judges appear to be ignoring the requirement that there must be an allegation that a loan was made by the originating party and that the Plaintiff actually bought the loan. This was an obvious requirement that was consistently required in pleading until the courts were clogged with mortgage litigation, at which point the court system tilted far past due process and said that if the borrower stopped paying there were no conditions under which the borrower could win the case. 

It is bad enough that Judges appear to be ignoring the requirement that the allegation that the Plaintiff will suffer financial damage unless relief is granted. This was an obvious requirement that was consistently required in pleading until the mortgage meltdown. 

Why is this important? Because the facts will show that lenders consistently violated basic and advanced protections that have been federal and State law for decades. These violations more often than not produced an unenforceable loan — as pointed out in law suits by federal and state regulators, and as pointed out by the lawsuits of investors who were real lenders who are screwed each time the court enters foreclosure judgment in favor of the bank instead of the investor lenders. 

It is not the fault of borrowers that this mess was created. It is the fault of Wall Street Bankers who were working a scheme to defraud investors by diverting the real transaction and making it appear that the banks were principals in the loan transaction when in fact they were never real parties in interest. Nobody would seriously argue that this eliminates the debt. But why are we enforcing that debt with completely defective mortgage instruments in a process that confirms the fraud and ratifies it to the damage of investors who put up the money in the first place? The courts have made a choice that is unavailable in our system of law. 

This is also judicial laziness. If these justices want to weigh in on the mortgage mess, then they should have the facts and not the stories put forward by Wall Street that have been proven to be pure fiction, fabrication, lies and perjury. That the Court ignores what is plainly documented in hundreds of thousands of defective mortgage transactions and the behavior of banks that resulted in “strangers to the transaction” being awarded title to property — that presents sufficient grounds to challenge any court in the system on grounds of bias and due process. If ever we had a mass hysteria for prejudging cases, this is it. 

Neil Garfield | October 4, 2013 at 9:26 am | Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing | Categories: CORRUPTION, Eviction, foreclosure, foreclosure mill, investment banking, Investor, MODIFICATION, Mortgage, Motions, Pleading, politics, securities fraud, Servicer | URL: http://wp.me/p7SnH-5GX

Why Does No One Do Anything?

by nootkabear, posted in Attorneys, big brother, Censorship, Court Cases, Courts, Disasters, foreclosure, Fraud Upon the Court, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, the web

Protesters Turned Into Those Whom They Were Protesting SUX!

BY NOOTKABEAR ON SEPTEMBER 30, 2013

You know, I have been thinking a lot lately about why it is that the Protesters from the 60′s and early 70′s are really pissing me off nowadays.   They act like a bunch of sheep or cattle.  The whole country is running amock and nobody says a damned thing about it.  IT SUX!  

I have come to the realization that the Protesters from the 60′-70′s turned into the very thing they were protesting, except even more so.  It SUX!

You would have thought that those protesters would have gone on to make a difference, and that there would not be all of this corruption that we deal with on a daily basis.  The flower children, peace – love and rock & roll.  What the hell happened?  Those people forgot everything about why they were protesting in the first place.  They forgot “let’s love one another”, forgot about “live and let live”.  Hell they are worse than the people they were protesting, because they are hypocrites.  

Now, they go sludging along, fuck it if everyone is being foreclosed upon, even if they paid for the property in full.  Fuck it if we have WWIII because our president is a fuck up.  Fuck it if Russia nukes us.  Fuck it if the Japanese have ended life on earth with their meltdown problem.  Fuck it if Russia’s Putin now speaks when the United States should have been speaking.  Fuck it if the Christians are being slaughtered.   Fuck it if there are no jobs.  Fuck it if Obamacare causes all of us to be denied healthcare we are entitled to.

Fuck it, Fuck it, fuck it.  THIS SUX!  This is not who we are.  This is not what are forefathers would have accepted.  This is not how we got to where we were.

So this week, the Protesters, turned cattle, sheep and couch potatoes are what SUX!!!

The Old Crows and the Gatekeeper

by nootkabear, posted in Attorneys, Court Cases, Courts, Disasters, Fraud Upon the Court, Judicial Rulings, law, Legal, manifest injustice

A conversation with a friend…

I know what you mean about the clerks in your county throwing things out for a small sum…we have, (well one old bird that is left-the other one died), she is no joke, in her 80’s. She will do "favors" for certain people, but they have to be people that are from certain firms, or that have the approval from either the court or the court clerk and master.

Everyone (that is not in the court system) refers to these old ladies as the "old crows", and funny enough the way that the building is designed- the chancery court clerks set off to themselves and it kind of looks like a birds nest, this is referred to as "the crows’ nest". My mother refers to this old hateful old thing as the gate keeper.

Anyway, my mother worked for the city for over 23 years before she took early retirement, and would walk on her lunch breaks. Well, this old crow (the one that is still alive) was also walking and came in behind my mother (I think that she thought that my mom was someone else), but she stated that the chemical that she has to use to "take signatures off of documents" has eaten the skin off of her fingers, and her fingers were so sore that she couldn’t even hold a pen (which explains to me why the chancery courts require the original document and only the original document). Mom stated after she said that, that the old crow looked up and realized that it was my mom and not who she thought. My mom said that the old crow then darted off and that woman never spoke to my mom again. This happened after mom had been there either 12 or 13 years. This old crow avoided my mom like the plague for the next 10-11 years!

Saint Louis Missouri Inundated By Rampant Animal Abuse Epidemic – 1 WildAss

by nootkabear, posted in Attorneys, Court Cases, Courts, Judicial Corruption, law, Legal, manifest injustice

 

Saint Louis Missouri Inundated By Rampant Animal Abuse Epidemic

Gang House Is Torture Chamber For Five Brutally Killed Dogs

ST. LOUIS, May 16, 2012 /PRNewswire-USNewswire/ — With rampant, unchecked animal abuse occurring on a daily basis, Saint Louis City has a dark cloud hanging over it that largely remains a secret to the rest of the nation. In a state notorious for puppy mills and lax animal abuse laws, St. Louis continues to stand out among other major metropolitan cities for their unwillingness to dedicate any resources of consequence to combat the rising animal abuse epidemic that plagues the area. Stray Rescue of St. Louis, a companion animal rescue and shelter nonprofit that has been featured on networks like CNN, National Geographic and Animal Planet, arrived at a vacant city house littered with gang graffiti on Tuesday, May 15 to find five dogs savagely tortured and killed.

(Photo: http://photos.prnewswire.com/prnh/20120516/DC08614)
"I have seen a lot of horrific abuse in the decades I have been rescuing dogs, but I haven’t seen anything this barbaric," said Randy Grim, Founder of Stray Rescue. "It was like a scene from the most shocking horror film, and it will stay with me forever. These dogs truly went through hell."
In the house, rescuers found chains and electrical cords used to restrain and strangle dogs. They found skeletal remains of a dog that had been choked to death, and a trail of dried blood that led to an area where a dog was burned – more than likely alive. Furniture was stacked upon more furniture over the body of another dog that had also been strangled with a cable cord.
The lifeless body of a dog seen through an upstairs window was draped over the windowsill. X-rays, taken by Stray Rescue’s veterinary staff as part of a necropsy report, revealed severe trauma to the larynx. The vet staff believes that this was caused by the abusers positioning the dog on the windowsill and slamming the window down upon him repeatedly, crushing his larynx and killing him. One witness in the area, who wishes to remain anonymous because they are afraid of the gang who committed the abuse, reported a sixth dog who was lynched, having been hung out of a window. This dog has not been recovered.
"It’s terrifying to know that people who are capable of such abuse are running free in our neighborhoods right this moment, and it’s chilling to not know who their next victim will be," said Grim. "Stray Rescue is offering a $5,000 reward to anyone who comes forward with information that leads to the conviction of these abusers."

The correlation between animal abuse and violent crime is well documented, and Stray Rescue has been building abuse cases for the city’s Circuit Attorney’s Office for prosecution. The police have been largely unsympathetic to the situation and unresponsive to assisting in the arrests of these dangerous criminals. In fact, St. Louis is one of the few major cities with no dedicated police officers assigned to such cases, and city officials rely heavily on the nonprofit to humanely remove dogs from the streets. In July of 2011, Agent Richie Raheb of the ASPCA’s Humane Law Enforcement Division and star of Animal Planet’s "Animal Precinct" accompanied Grim for a day of rescuing and promptly stated that the areas in St. Louis "were the worst he had ever scene."
Stray Rescue deals with abuse cases in the city daily and is currently working to build a comprehensive case in order to seek arrest for the individual(s) who committed these gruesome crimes.
To honor the deceased dogs that likely never knew anything but terror, Stray Rescue gave them names before having their remains cremated together: Brandy, Schnapps, Frangelico, Grand Marnier, and B&B.
People can help by reading about this abuse story online and then contacting St. Louis Mayor’s Office, the Police Chief Isom, and other St. Louis Officials and express their outrage at this horrific abuse.

About Stray Rescue of St. Louis
Stray Rescue’s mission is to lead the way towards making St. Louis a compassionate city where every companion animal knows health, comfort, and affection, and no stray is euthanized merely because he or she has been abandoned, abused, or neglected. As part of our mission, Stray Rescue is out on the streets daily taking a progressive, proactive approach to establishing a permanent resolution to the stray companion animal problem through dedicated rescue efforts, sheltering, community outreach programs, education, collaborations, and the encouragement of responsible pet guardianship.
Contact: Randy Grim, 314.267.0704, randy@strayrescue.org
Jason Schipkowski, 314.740.5224, jason@strayrescue.org

SOURCE Stray Rescue of St. Louis

Saint Louis Missouri Inundated By Rampant Animal Abuse Epidemic – 1 WildAss

Utah Supreme Court

by nootkabear, posted in Attorneys, Court Cases, Courts, Judges, Judicial Rulings, law, Legal
Pyper v. Bond

http://law.justia.com/cases/utah/supreme-court/2011/20091025-11.html

Docket: 20091025
Opinion Date: July 29, 2011

Judge: Durrant

Areas of Law: Commercial Law, Consumer Law, Trusts & Estates

David Pyper hired attorney Justin Bond to represent him in a probate matter. Bond’s law firm subsequently sued Pyper to obtain payment of the attorney fees. The district court entered a judgment in favor of the law firm for $10,577. To satisfy the judgment, Bond filed a lien against a house owned by Pyper that was worth approximately $125,000. Bond was the only bidder at the sheriff’s sale auctioning Pyper’s home and purchased Pyper’s home for $329. Pyper later communicated his desire to redeem his property to Dale Dorius, another attorney at the firm, but was unable to speak to Bond after several attempts. After the redemption period expired, the deed to Pyper’s home was transferred to Bond. Pyper subsequently filed a petition seeking to set aside the sheriff’s sale of his property. The district court set aside the sheriff’s sale. The court of appeals affirmed. The Supreme Court affirmed, holding the court of appeals did not err in (1) concluding that gross inadequacy of price together with slight circumstances of unfairness may justify setting aside a sheriff’s sale and (2) affirming the district court’s conclusion that Bond and Dorius’s conduct created, at least, slight circumstances of unfairness.

http://j.st/cZN

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