From Our Friends at Livinglies, Neil Garfield

https://wordpress.com/read/feeds/95852/posts/2112751964

How to Use and Oppose Judicial Notice

One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
If I manage to record a deed purporting to transfer title that doesn’t mean that title is transferred nor that my ownership is to be presumed. The same is true if I upload the same fabricated deed to SEC.gov or any other site on the internet.
Judicial notice is erroneously applied as a vehicle for shifting the burden of proof. The basic rule of evidence is simple: the proponent of evidence must prove the truth, credibility and reliability of that evidence, even if it is admitted into evidence. Otherwise the evidence is admitted with zero weight.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Most states essentially have the same statute in their laws of evidence, like this one from Florida:

90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.

(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.

(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (e.s.)

(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. (e.s.)

(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.

History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

A quick review of this statute, essentially the same as all others, reveals that it is not intended to be used as proof of contested facts. The fact that a document obviously exists may not be subject to contest unless the objection is that the document was prepared expressly for trial and not as part of whatever transaction is being contested.

Courts often overstep by becoming the lawyer for the claimant in foreclosure or eviction. As an example of the court stepping into the shoes of the claimant, there is the issue of judicial notice. You should research this. Because judicial notice is intended to be used as follows:
  1. For judicial economy — i.e., acceptance of facts that are virtually incontrovertible and not requiring proof. VERSUS your objections to the content of those documents. The requirement of absolute credibility is essential for judicial notice. There is no prejudice to any party by requiring actual proof of the documents and its contents. Judicial economy does not trump the rules of evidence which are designed to ferret out the truth not to assume facts that are untrue or that could easily be untrue because they came from an interested party.
  2. For documents, the only application of the judicial notice doctrine is that the documents exist and are maintained on a completely trusted site and not that what is written on them is true.
  3. In the case of government documents prepared by government with no interest in making any claims or defending any claims but simply in the ordinary course of record keeping, the record is subject to judicial notice and the content is generally presumed to be true unless disproven by the the opposing party.
  4. Judicial notice is completely inappropriate where the documents were prepared by parties with an interest in the outcome of litigation and claims and are not inspected, reviewed or scrutinized as to accuracy.
  5. Verifying facial validity of a document is NOT the same as verifying the statements contained on the document.
  6. For documents the source must be an independent third party source with no interest in the outcome. So if a fabricated assignment of mortgage is recorded in the county records, then the the existence of the document may be judicially noticed without any presumptions of the veracity or sufficiency of the statements contained in the assignment.
  7. Failure to object to the introduction of the document MIGHT be grounds for admission of both the document and its contents. The ability of the opposing party to present evidence that the document had been fabricated and that the statements contained within it are untrue or misleading is not barred by failure to object.
  8. The fact that it is admitted in evidence does not mean that should be given great weight by the trial court. Any evidence submitted by a party who has a direct interest in the outcome of litigation is to be viewed skeptically and requiring corroborative proof.
  9. Judicial notice is NOT appropriate for the PSA or anything else if the request for notice directs the court’s attention to SEC.GOV. This is an effort at misdirection.
  10. SEC.GOV is merely a repository for uploading documents with no more official capacity than box.com or dropbox.com. The fact that a document is there is NOT an indication that the document is an official document. The SEC has not reviewed it or approved it in any way, manner shape or form.
  11. BEST Evidence: Only the original document produced in court would be sufficient evidence of the document’s existence and then only if it was complete and signed — which means that the mortgage loan schedule is attached as the original mortgage loan schedule attached the trust instrument, the prospectus and the servicing agreements when they were originally executed.
  12. It is a common ploy to upload documents to SEC.Gov and then request judicial notice. This is wrong.
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The entire West Virginia Supreme Court was just impeached. By True Pundit


The entire West Virginia Supreme Court was just impeached. Here’s everything you need to know.
By Editor August 15, 2018 No Comments
http://www.theeventchronicle.com/news/north-america/the-entire-west-virginia-supreme-court-was-just-impeached-heres-everything-you-need-to-know/
By True Pundit

West Virginia lawmakers made a historic decision Monday: They voted to impeach the state’s entire Supreme Court of Appeals, the highest court in the state.

The West Virginia House of Delegates Judiciary Committee approved 14 articles of impeachment against the court’s four sitting justices last week. Their alleged grievances ranged from misusing taxpayer money for office renovations to using state-owned property, including a historic desk, for personal use.

The full House of Delegates considered the articles of impeachment on Monday, ultimately approving 11 of them through a series of votes that fell along party lines, the New York Times reported.

Eight of the articles targeted the court’s chief justice, Allen Loughry, who, according to the Times, has been suspended since June. Among other accusations, he is accused of lying to lawmakers and using state property for his personal use, including vehicles and gas cards.

The remaining justices — acting Chief Justice Margaret Workman and Justices Robin Davis and Elizabeth Walker — were impeached on three articles. Workman and Davis were impeached for overpaying senior status judges on lower courts, while Davis was impeached for misusing $500,000 in taxpayer funds on office renovations.

All four justices were charged with neglect of duty, abusing their power, and failing to reign in the spending of the others, according to NBC News.

The court’s fifth justice, Menis Ketchum, resigned last month before impeachment proceedings began. He has also pleaded guilty to a federal charge of defrauding the state of West Virginia. He faces 20 years in federal prison.

Meanwhile, Loughry, who was already on administrative leave prior to Monday’s developments, is facing a 22-count federal indictment for fraud, witness tampering, lying to federal investigators, and obstruction of justice. His criminal trial is set to begin in October. If found guilty, he faces a maximum sentence of 395 years in prison and a $5.5 million fine. – READ MORE

West Virginia Senate President Mitch Carmichael claims the Republican party is responsible for the state’s economic turnaround and believes the election of President Donald Trump has only added to their prosperity.

“For the first time in over 83 years the people of over West Virginia selected the Republicans to lead the state in 2014,” Carmichael told The Daily Caller News Foundation. “Both houses have been Democrat for 83 years and that leadership brought us the lowest income per capita in the country.”

Carmichael blamed Democratic leadership for a loss in population and manufacturing jobs, then accused them of selling out to special interest groups.

Carmichael then praised Trump’s leadership and said the state was economically liberated when he was elected to the White House in 2016.

“Trump was an immediate relief to the energy sector,” Carmichael declared. “The night of the election it felt like the boot of the fed government had been lifted off our necks. President Trump has made a tremendous difference.”

One of the main issues still lingering for West Virginia is the opioid crisis, but Carmichael believes it can be tied to the state’s lack of economic prosperity.

“The most prominent area of opioid abuse are the places with the poorest economic climate,” he said. “Even in West Virginia, the specific areas hardest hit with addiction are the ones hardest hit economically with high unemployment.” – READ MORE

This article (The entire West Virginia Supreme Court was just impeached. Here’s everything you need to know.) was originally published on True Pundit and syndicated by The Event Chronicle.

JPMorgan Chase Bank Fines Do Nothing to Them

I was working on something today, and saw that I needed to add some references (footnotes) to support what I was saying. It had to do with JPMorgan Chase Bank, and the fines for violations concerning robo-signing, lying, cheating, stealing homes, and the like. All related to foreclosures of course.

When I began adding the references for my allegations, I almost fell off my chair. I could not believe the fines and the violations, and yet, they continue on, to this very day. The only thing that Chase has learned from all the fines for violations, is that they make enough money, that the fines don’t matter. If anything else had come of it, as in, it hurt them financially, they would have quit with all the violations.
As it turns out, attorneys for these banks have gotten worse. It is ruining the legal profession. If the courts would stand up and make those that should be held accountable, accountable, the foreclosures would have ended. So, it has also ruined the court system for their failure to the citizens of the states and country.
http://s25.postimg.org/ze1twuhu7/is_CDBx_Oy_Hkyno_GSsgx_Oz_TCmykgo7_D_Dsbu_N6nx_ELu_AK48_h.jpgForeclosure hell has only taught the people that have lost their homes. And what pray tell did those people learn other than they will never be able to purchase another home? That you cannot trust attorneys, you cannot trust the courts, and by God you had better never trust the lender. In other words, the world around you is corrupt as hell, and no one, except you, the borrower is accountable for anything.

Just a sampling of fines levied against JPMorgan Chase Bank:
2008: Unpacking the JPMorgan Chase scandals; $30 billion in fines and counting — and this monster bank still got off lightly!: http://www.socialism.com/drupal-6.8/articles/unpacking-jpmorgan-chase-scandals
June 2011: Misleading CDO Investments: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
July 7, 2011: Conduct in Municipal Bonds $228 Million: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
February 9, 2012: Foreclosure Abuses and “Robo-Signing” $5.29 Billion: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
November 16, 2012: $269.9 Million: More Mortgage Misrepresentations: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
January 2013: $1.8 Billion: Improper Foreclosures: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
October 25, 2013: $5.1 Billion: Fannie and Freddie Fines: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
Nov. 2013: JPMorgan agrees $13 billion settlement with U.S. over bad mortgages; http://www.reuters.com/article/us-jpmorgan-settlement-idUSBRE9AI0OA20131120;
November 15, 2013: $4.5 Billion: Mortgage Securities: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
January 2014: JPMorgan Chase Fines Exceed $2 Billion: http://www.bankinfosecurity.com/chase-a-6356;
January 06, 2014: Madoff Scandal: $1.7 Billion: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
November 11, 2014: Currency Manipulation (stock price): $1.34 Billion: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
March 2015: Chase has paid $38 Billion in 22 settlements from 2009 through March of 2015: http://www.dispatch.com/content/stories/business/2015/07/16/fine-despite-fines.html;
July 2015: JPMorgan Chase fined $136M over how it collects debts: http://www.npr.org/sections/thetwo-way/2015/07/08/421277881/jpmorgan-chase-fined-136m-over-how-it-collects-debt;
July 8, 2015: Chase fined $216M over debt collection: http://www.bankrate.com/financing/credit-cards/chase-fined-216m-over-debt-collection/;
December 2015: JPMorgan Admits It Didn’t Tell Clients About Conflicts $300M: http://www.bloomberg.com/news/articles/2015-12-18/jpmorgan-pays-267-million-to-settle-conflict-of-interest-claims;
January 2016: JPMorgan Chase Fined $48Million for Failing to Comply With Robosigning Settlement: https://consumerist.com/2016/01/05/jpmorgan-chase-fined-48-million-for-failing-to-comply-with-robosigning-settlement/;

And it goes on. There are many that I missed, in my hurry to get this done.
And in the end, the buck stops with the Courts, U.S. Attorneys and District Attorneys for not throwing the lot of their asses in the clink!

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions. Arthur H. Bryant, The National Law Journal


National Law Journal
http://www.nationallawjournal.com/printerfriendly/id=1202758245088

‘Iqbal’ Brings Seven Years of Bad Luck for Plaintiffs

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions.
Arthur H. Bryant, The National Law Journal
May 23, 2016

The seventh anniversary of the U.S. Supreme Court’s 2009 decision in Ashcroft v. Iqbal was May 18. It’s a date that should live in infamy.
A 5-4 decision, Iqbal ignored reality — and the fact that truth is stranger than fiction. It flouted the process for amending the Federal Rules of Civil Procedure. And it particularly limited access to justice for civil rights, employment discrimination and individual plaintiffs.
Seventy years before Iqbal, in 1938, the Federal Rules were adopted to get rid of “fact” pleading, which the rule-makers thought “led to wasteful disputes about distinctions that … were arbitrary or metaphysical, too often cutting off adjudication on the merits.” Under the new Rule 8, to start a lawsuit, the plaintiff had to file a complaint with “a short and plain statement of the claim showing the pleader is entitled to relief.”
As the court later explained in Conley v. Gibson, the complaint did not have to “set out the facts in detail.” It just had to give the defendant “fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” A motion to dismiss would only be granted if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Then, the plaintiff could take discovery, to find out what the defendant and other relevant people knew and when they knew it. After that, the court would determine whether there was sufficient proof to require a trial.
In Iqbal, the court rejected a complaint alleging that high-level U.S. officials had a Pakistani Muslim and thousands of other Arab men illegally arrested and detained after the 9/11 attacks because of “their race, religion, and national origin … and not because of any evidence” of their “involvement in supporting terrorist activity.”
To do so, the court changed the rules. It held that, from now on, to “survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Dismissal no longer turned on whether the complaint provided “fair notice” to the defendant; it turned on whether the claim was “plausible on its face.” How were judges to determine that? By drawing on their “judicial experience and common sense.”
Motions to dismiss were immediately filed throughout the federal courts. Judges’ and lawyers’ workloads increased enormously. The lower courts and lawyers are still struggling to figure out how the new system is supposed to work — and, if they can, make it fair.
For three reasons, however, it’s become increasingly clear that Iqbal was a mistake.
First, whatever one thinks about the allegations in the case, the Iqbal pleading standard is based on a proposition — allegations probably aren’t true if they’re not plausible on their face — that is false. Reality keeps teaching us that. None of us, including federal judges using their “judicial experience and common sense,” would have believed that any of the following was plausible a few years ago:
• Donald Trump would be the presumptive Republican Party nominee for president of the United States of America.
• A prominent candidate for president would propose banning all Muslims from entering America or call women “fat pigs,” “dogs” and “disgusting animals.”
• Same-sex marriage would be legal nationwide.
• The U.S. government would obtain and be able to search virtually all Ameri­cans’ phone records.
• Olympic champion Bruce Jenner would become a woman, Caitlyn Jenner.
• Federal, state and local governments would battle over what kind of bathroom people such as Caitlyn Jenner could use.
Similar implausible things happen every day.
Second, Iqbal effectively rewrote the Federal Rules without following the legally established rules for amending them. Under the Rules Enabling Act, before rules are changed, detailed procedures must be followed involving the Advisory Committees to the U.S. Judicial Con­ference’s Standing Committee on Rules of Practice and Procedure; the Standing Committee itself; notice to and comment from lawyers, judges and the public; the U.S. Judicial Conference; the Supreme Court; and Congress — so the changes are fully considered and fair.
In 2002, the court unanimously rejected a company’s plea for a heightened pleading standard in employment discrimination cases, saying that result “must be obtained by the process of amending the Federal Rules, and not judicial interpretation.” It should have said that in Iqbal, too.
Third, Iqbal is especially harmful to civil rights, employment discrimination and individual plaintiffs. Last year, the most comprehensive study of Iqbal’s effects, “Measuring the Impact of Plausi­bility Pleading,” was published in the Virginia Law Review. It found that Iqbal increased dismissals of most cases by 10 percent, but employment discrimination and civil rights cases much more (16 percent and 19 percent, respectively). Cases filed by individuals were also dismissed far more often (18 percent), but not cases filed by corporations.
In theory, this could mean that only bad cases were dismissed more promptly. But, if that were true, a higher percentage of the cases remaining in court would succeed. They didn’t. These plaintiffs were just disproportionately denied a chance to prove their claims.
The high court should reverse the Iqbal decision. Whether cases proceed should turn on the facts and the law, not on whether judges think the allegations are plausible.
Arthur H. Bryant is the chairman of Public Justice, a national public interest law firm dedicated to advancing and preserving access to justice. His practice focuses on consumers’ rights, workers’ rights, civil rights, environmental protection, and corporate and government accountability.

A Must See For Every True American

I just watched a very, very short video at: http://www.conservativewarchest.com/

 It really made one hell of a statement.  Every true American needs to see this video, to see where we stand in this country.  A true eye-opener.  

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king obama 300x224

Everyone has 2 minutes to see this.  It last only two minutes:

 

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

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?

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