East Pittsburgh Police Officer Michael Rosfeld MURDERED 17-year old Antwon Rose Jr.
Americans MUST accept these types of monsters get hired or put in place on a daily basis as Police, Judges, Prosecutors, DA’s, lawyers and government. It’s a broken system that looks the other way in order for psychopaths, sociopaths, killers, control freaks, liars and con-artists to get hired and move their way up the ladder.
When victims come forward they’re made into the villians and terrorized, abused and victimized by a system based on greed, profit and dishonesty. Dishonorable judges mean NOT JUSTICE in our courts always blaming it on law which lawyers and judges create in order to escape accountability and prosecution.
Perjury, ignoring crime and law is common among judges and courts today when it comes to profit and bribary. Thousands of victims every year go to court at insane cost only to find out there is no justice due to a judge that ignores evidence, facts and law.
East Pittsburgh Police Officer Michael Rosfeld is charged with one count of criminal homicide in the shooting death of 17-year-old Antwon Rose Jr. But the real problem will be holding him accountable and prosecuting him fairly and equally. Immunity in the hands of monsters like this ultimately means he’ll escape justice and get away with murder.
The charge against East Pittsburgh Officer Michael Rosfeld is outlined in a criminal complaint that says the officer first told investigators that 17-year-old Antwon Rose Jr. turned his hand toward him when he ran from the car and he “saw something dark he perceived as a gun.” During a second recap of the shooting, Rosfeld told investigators he did not see a gun and he was not sure if the teen’s arm was pointed at him when he fired.
You can’t take someone’s life under these circumstances,” Allegheny County District Attorney Stephen Zappala said at a news conference.
The 30-year-old officer turned himself in Wednesday morning, was arraigned and released on $250,000 bond. Rosfeld, who was sworn in just hours before the shooting but had been working at the police department for a couple weeks, is scheduled to appear in court July 6, according to Mike Manko, a spokesman for the District Attorney’s Office
Manko said that criminal homicide can include any instance where someone knowingly, intentionally, recklessly or negligently causes the death of another person, and includes the charges of murder, voluntary and involuntary manslaughter.
1980 I graduated from the Police academy at the top of my class. Little did I know at the time I was becoming part of the most corrupt government in the nation. 2006 My mother was conserved against her wishes by her own child Sylvia Schmidt of San Diego County.
Sylvia was always about money and an obvious sociopath. I never understood her but via all her hate and coldness I knew down deep she was very different. A cold, calculating, con-artist who honed her skills working for years as a head hunter convincing people to leave good paying companies for positions in other firms, something she was good at and well paid. Sylvia was not happy with her first husband Ralph Velasco of Glendale CA a hard working , catholic man who loved her deeply even with her faults. Sylvia had an affair with her current husband Gary A. Schmidt (worked as a corporate presentation coach) while his wife was in the hospital with his first child Halley Schmidt.
Sylvia having committed adultery demanded a divorce and took Ralph to the cleaners even though it was she who caused the split and was at fault. Sylvia had a long history of going to court from suing an employer via Gloria Allred to petty real estate lawsuits.
Around 2000 our father Franz L. Gettinger passed away and Sylvia was disinherited for being estranged from him for over 35 years. This set off a hate and vendetta against myself by Sylvia because she didn’t want to accept her own actions had caused her to be disinherited. It was easier to tell herself I had been the one responsible for her loss.
I never knew how easy it would be for two people, a few lawyers and the Los Angeles Superior court to take control of the estate of an 80 year old woman who was still working, driving and living on her own at the time.
I had been the sole person to take care of our mother till I was 41 years old and got married. I married a Latino woman. My mother was not happy and since I was the last male figure in her life she looked at my wife as the enemy. She did many under the table things trying to destroy my relationship. It came to the point she insulted me and my wife forcing me to leave her home to live somewhere else with my wife. The timing and split was a perfect moment for Sylvia and Gary A. Schmidt to get involve and twist the stories to their favor with lies and manipulations. Sylvia thanked me for being there where she was never for so many years and said it was her turn. I never expect someone in the family to do what she was about to do so I believed the many lies she told until I found out she had started a conservatorship behind my back.
Perjury and fraud is far too easy, even after burglarizing Gertrude’s home while she was at work and obtaining banking documents and statements, home deed, address book, home and car keys, credit cards and cash was too easy. Oh yes Gertrude contacted the LAPD and filed a report having seen Sylvia and Gary A. Schmidt leaving her home around the time the items went missing.
With the documentation and personal understanding of her mother’s banking background and logic Sylvia used this knowledge to remove (2) bank accounts valued in over $200k to which she would simply say creditors trying to collect a small debt by me took the money from Gertrude’s accounts. So Sylvia and her husband Gary A. Schmidt formed a collection agency and removed the funds.
The next step was to shut Gertrude up and stop anyone from believing her claims as to the crimes and perjury Sylvia had committed. It was as simple as locking Gertrude without food in her own home, having stolen all the home and car keys along with her address book Sylvia called anyone and everyone claiming she was trying to help her mother who had gone insane. Sylvia had Gertrude’s phone and utilities turned off, it was easy to all the records. Gertrude told me she thinks she was drugged by Sylvia and Gary A. Schmidt. It all looked crazy and due to the lack of nutrients Gertrude’s mental facilities also suffered.
This is the part where Los Angeles County gets involved. APS was contacted by Sylvia via several letters threatening to sue if they did not act that Sylvia’s mother was a threat to herself. APS came and checked on Gertrude, she looked pretty bad so one thing led to another and Gertrude was removed by force from her home of 30 years. Sylvia immediately moved in and stole all her mother’s jewelry, cash and possessions. YES it was that easy, there was never any official court accounting because Sylvia gave the wrong address to the court so the probate department never visited to do an accounting.
Sylvia failed to report the (2) Bank accounts that were missing because she used those funds to buy property in Santa Clara Ca to hide the funds due to tax reporting. I was always in contact with Sylvia although not on the best of terms. Sylvia fabricated a story claiming I was this terrible person who she had no contact with and had no idea where I was. Sylvia’s lawyer the same one who perjured his Petition Christopher Overgaard of La Canada CA claimed to have hired a Private investigator to search for me. He just used his then legal partner Michael Jay Movius to pretend he contacted an investigator. The entire PI statement in his petition supporting Sylvia become the conservator was all perjured and fraud. The court did not do they’re own investigation as they never investigated any documents or evidence I presented. The probate investigators appeared to do nothing but investigate or downgrade anyone who contests the conservatorship.
There you have it, claim you can’t locate family (when all the time she had contact with me) and claim (with no medical evidence) your mother had a history of mental illness (when she did not) and perjure your petition. The court did not bat an eye and granted the conservatorship to Sylvia. Not too long after the lies ran out Sylvia was feeding me I got a lawyer and got involved. I then learned it’s all about false images and lies plus a court and law enforcement that won’t accept facts or evidence. Instead they rely on false statements of a polished liar and con-artist. 12 years later and $187k in legal fees I became educated at how Los Angeles Superior Court operates. As conservator Sylvia had the right to force heavy duty psychotropic drugs on her mother rendering her helpless and looking mentally ill. Yet it was all a front, the work of a good con-artist and liar who hides behind the false image of the “good daughter helping mama”. While she was doing noting but helping herself to everything her mother ever owned or worked for. Using the the con game of bate and switch to get the court to do as she wished was too easy.
There are supposed to be rules and code that protects the public, the problem is none of those rules or codes are ever respected or enforced. As an example Sylvia was given control of over two million dollars in bank accounts (not a penny ever went into a blocked account). It was as simple as filing a petition that the bank would not block the funds, so the court never enforced anything. Instead expensive bonds were used which were billed to Gertrude. The Lawyers who managed those bonds were notified about the perjury and fraud but ignored it because they want the profit from the bonds. Gertrude’s personal mail had been forwarded even before she was conserved (a crime itself) right after Sylvia burglarized Gertrude’s home. Gertrude never got legal paperwork or notices, was never allowed to appear in court (even though she wanted to).
The county forced their own lawyer PVP Violent Boskovich on Gertrude, why did she not do anything you ask? What you need to understand is the moment a conservatorship begins the victim loses all rights over her own life and estate. The Consevator gets control of everything, all the funds and assets. So you know who writes the checks? Sylvia Schmidt and Violet Boskovich now kisses her ass to keep this fraudulent scam going because if Sylvia is exposed the gravy train stops and so does the $250 an hour Boskovich bills. I presented the missing checking account numbers to Boskovich to which she responded “How am I to know where those accounts went?”. When all the time she had the legal powers to get those statements but pretended not to care nor did it matter. Why not look into $200k in missing funds belonging to her client?
The sheer ignorance of the judges and the vast number of victims (when you look for them) I ran into was unbelievable. The reluctance of the Probate department to investigate any evidence or documentation I presented in (3) separate petitions and six accounting’s exposing Sylvia’s crimes, fraud and perjury. The first judge did nothing, but the worst judge Candace J. Beason a well known problematic judge ignored everything, played Stupid. I have a feeling when I exposed Christopher Overgaard’s perjury and fraud Sylvia lawyer-ed up from a $250 and hour lawyer to a $350 president of the Pasadena bar Philip Barbaro Jr. Barbaro who was in fact connected I later found. I found You tube videos of Barbaro and Beason dancing at a Judges party. Plus victims came to me claiming Barbaro had connections to another dishonest Judge Aviva K. Bobb who retired early when exposed by a Los Angeles Times story exposing Guardianship fraud. The volumes of evidence that came to me went on and on but none of it seemed to matter no one listened.
The problems victims have like myself is the “rubber stamping of anything the criminals do”, the reluctance to act or uphold code or law, ignoring perjury, fraud and even two bank account numbers plus cashed checks that were never reported to the probate department. How can this all be? How can the LAPD Elder abuse division do nothing after a report was filed? They quickly gave up after speaking to the lawyers who ignored the crimes or perjury. I reported the abuse Gertrude shared with me to APS, Omsbudsmen and the county but no one acted or batted an eye.
It was too easy for Sylvia Schmidt and her lawyer Philip Barbaro Jr. to write a letter without court approval banning me from visiting my mother. The home threatened to call the police on me. This was all done when I began documenting statements with witnesses and letters hand written by Gertrude all presented to the court but once again ignored..
It’s too easy, everyone should be concerned as what happened to me happens all over America on a daily basis. Judges don’t do their job and turn a cheek to crime, elder abuse, fraud and perjury. People go to court for one reason, that’s justice and when a dishonorable judge gets involved it becomes greed and money. Judge Candace J. Beason was reported to the Commission on Judicial Performance – State of California with the same results as most complaints logged, nothing is don. Judges are in fact immune and above the law, Lawyers to some extend are as well. The courts are used on a regular basis to lie, cheat, steal, rob or “Isolate, Medicate and Liquidate the elderly“. They don’t follow law, they don’t respect the codes or rules and worst of all they just ignore anything that gets in their way. After ignoring crime, fraud or perjury the next goal is drag it out (creating legal fees) and wait for the Statute of Limitations to take effect.
The crimes and abuse of Conservatorship fraud go on, 2012 (6 years after it all started) Gary A. Schmidt (husband of Sylvia Schmidt) an investment advisor starts San Marino Wealth Management. During a mediation between me and Sylvia back in 2009 Sylvia told me Gary A. Schmidt who she feels is a financial genius would be investing our mothers estate, even if its against the law. The court is too ignorant to find out where $2 million dollars in funds (about the same amount that totals Gertrude Gettinger’s bank assets) are. While against the law the court never investigates or even knows where the funds are, (they take Sylvia’s word for it and any false paperwork she presents) they blindly accept anything from the person who perjured her petition and failed to report (stolen) over $200k in bank accounts. This is how Los Angeles Superior court operates everyday putting the elderly at risk creating a billion dollar scam industry build and run by dishonest lawyers and judges. It’s been going on for decades, with the addition of social media it’s slowly surfacing and getting public attention. The modern day Holocaust that stripes veterans and hard working folks who worked their entire lives saving for retirement and those golden years only to lose control of their lives and life savings. MY full case and info can be found here
It’s not just Probate court, dishonest judges and lawyers have taken over Family courts pitting husband and wife against each other with the sole intention of huge legal fees. Destroying families and robbing parents of their rights to their own children.
Janet Phelan and Richard Fine exposed how judges of Los Angeles Superior Court are being bribed. It’s not just Los Angeles but every county in California. The worst problem judges are sent to Probate because it’s too easy to do this to the defenseless, weak and vulnerable elderly. Imagine the scum that does this, their the lowest form of excrement in the world. The judges and lawyers turn a cheek and never even see the victims and how their abused and drugged to the point of death.
If you’re a victim you can research your judge to find out if their accepting bribes HERE
Think there’s not corruption in Los Angeles Superior Court, think again, hundreds of stories and documented cases of dishonesty among judges (most victims report the judges) but the CJP ignores most complaints and typically buries them. The fact remains the county is bribing their own judges with tax payer money to rule against you should you go to court. Check out the videos from Richard Fine below.
The other big Elephant in the room is the Evil Triangle of the Courts. Police never act when a crime’s committed in a courtroom and courts never act when police commit crimes. Look at the top Los Angeles Country Cop Sheriff Lee Baca
JUDGES and LAWYERS do this to movie stars and veterans who fought for these same low life judges and lawyers freedoms
The Unforgivable Truth
CNN: Rooney: I suffered from elder abuse
A judge explains our broken Legal System best
“THE FRATERNITY “- THE CORRUPTION OF THE LEGAL SYSTEM EXPOSED BY A JUDGE
“The once honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.”
Justice John F. Molloy When I began practicing law in 1946, justice was much simpler. I joined a small Tucson practice at a salary of $250 a month, excellent compensation for a beginning lawyer. There was no paralegal staff or expensive artwork on the walls. In those days, the judicial system was straightforward and efficient. Decisions were handed down by judges who applied the law as outlined by the Constitution and state legislatures. Cases went to trial in a month or two, not years. In the courtroom, the focus was on uncovering and determining truth and fact.
I charged clients by what I was able to accomplish for them. The clock did not start ticking the minute they walked through the door.
Looking back The legal profession has evolved dramatically during my 87 years. I am a second-generation lawyer from an Irish immigrant family that settled in Yuma. My father, who passed the Bar with a fifth-grade education, ended up arguing a case before the U.S. Supreme Court during his career.
The law changed dramatically during my years in the profession. For example, when I accepted my first appointment as a Pima County judge in 1957, I saw that lawyers expected me to act more as a referee than a judge. The county court I presided over resembled a gladiator arena, with dueling lawyers jockeying for points and one-upping each other with calculated and ingenuous briefs
That was just the beginning. By the time I ended my 50-year career as a trial attorney, judge and president of southern Arizona’s largest law firm, I no longer had confidence in the legal fraternity I had participated in and, yes, profited from.
I was the ultimate insider, but as I looked back, I felt I had to write a book about serious issues in the legal profession and the implications for clients and society as a whole. The Fraternity: Lawyers and Judges in Collusion was 10 years in the making and has become my call to action for legal reform.
Disturbing evolution Our Constitution intended that only elected lawmakers be permitted to create law. Yet judges create their own law in the judicial system based on their own opinions and rulings. It’s called case law, and it is churned out daily through the rulings of judges. When a judge hands down a ruling and that ruling survives appeal with the next tier of judges, it then becomes case law, or legal precedent. This now happens so consistently that we’ve become more subject to the case rulings of judges rather than to laws made by the lawmaking bodies outlined in our Constitution.
This case-law system is a constitutional nightmare because it continuously modifies constitutional intent. For lawyers, however, it creates endless business opportunities. That’s because case law is technically complicated and requires a lawyer’s expertise to guide and move you through the system. The judicial system may begin with enacted laws, but the variations that result from a judge’s application of case law all too often change the ultimate meaning
Lawyer domination When a lawyer puts on a robe and takes the bench, he or she is called a judge. But in reality, when judges look down from the bench they are lawyers looking upon fellow members of their fraternity. In any other area of the free-enterprise system, this would be seen as a conflict of interest.
When a lawyer takes an oath as a judge, it merely enhances the ruling class of lawyers and judges. First of all, in Maricopa and Pima counties, judges are not elected but nominated by committees of lawyers, along with concerned citizens. How can they be expected not to be beholden to those who elevated them to the bench?
When they leave the bench, many return to large and successful law firms that leverage their names and relationships.
Business of law The concept of “time” has been converted into enormous revenue for lawyers. The profession has adopted elaborate systems where clients are billed for a lawyer’s time in six-minute increments. The paralegal profession is another brainchild of the fraternity, created as an additional tracking and revenue center. High powered firms have departmentalized their services into separate profit centers for probate and trusts, trial, commercial, and so forth.
The once-honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.
Bureaucratic design Today the skill and gamesmanship of lawyers, not the truth, often determine the outcome of a case. And we lawyers love it. All the tools are there to obscure and confound. The system’s process of discovery and the exclusionary rule often work to keep vital information off-limits to jurors and make cases so convoluted and complex that only lawyers and judges understand them.
The net effect has been to increase our need for lawyers, create more work for them, clog the courts and ensure that most cases never go to trial and are, instead, plea-bargained and compromised. All the while the clock is ticking, and the monster is being fed.
The sullying of American law has resulted in a fountain of money for law professionals while the common people, who are increasingly affected by lawyer-driven changes and an expensive, self-serving bureaucracy, are left confused and ill-served. Today, it is estimated that 70 percent of low-to-middle-income citizens can no longer afford the cost of justice in America. What would our Founding Fathers think?
This devolution of lawmaking by the judiciary has been subtle, taking place incrementally over decades. But today, it’s engrained in our legal system, and few even question it. But the result is clear. Individuals can no longer participate in the legal system.
It has become too complex and too expensive, all the while feeding our dependency on lawyers. By complicating the law, lawyers have achieved the ultimate job security. Gone are the days when American courts functioned to serve justice simply and swiftly. It is estimated that 95 million legal actions now pass through the courts annually, and the time and expense for a plaintiff or defendant in our legal system can be absolutely overwhelming.
Surely it’s time to question what has happened to our justice system and to wonder if it is possible to return to a system that truly does protect us from wrongs.
A lawyer from Tuscon, Arizona, John Fitzgerald Molloy (b. 1917) was elected to the Superior Court bench where he served for seven years as both a juvenile court and trial bench judge. He subsequently was elected to the Court of Appeals where he authored over 300 appellate opinions, including the final Miranda decision for the Arizona Supreme Court. During that period, he also served as president of the Arizona Judge’s Association. After 12 years, Molloy returned to private practice to become president of the largest law firm in southern Arizona. His book has received widespread praise for its candor and disquieting truths. Article Source
Growing up you’re taught to respect and look up to others, especially police officers and judges. However as life goes on and you’re exposed to the truth you find out it’s all a false image. An image often abused by the wrong people who hide behind a role to steal, lie, cheat and even kill.
We’re told going to court you’ll get justice but when you find out the hard way that the judge is nothing close to honorable you understand how the American public is lied to and tricked into going along by false words like “Rights, freedom, law, justice and equality”.
To make matters worst both the law enforcement and legal fields are infected with totally corrupt and dishonest management. Their intent is to keep their fields dishonest and controlled based on greed and profit not to “protect or serve”.
Self serving and protecting law enforcement has become a joke and way to protect criminals who have no business with any authority or deadly force.
Judges on the other hand who should be honorable and fair are commonly bribed and often ignore crimes or rights violations,
We’ve given them too much power and immunity. As they say “Power corrupts; absolute power corrupts absolutely” and most of the time judges and police show obvious signs of this abuse.
Unarmed victims are killed by the thousands each year, nothing compared to the paltry number of police killed. We’ve allowed them to make deadly force the only solution. The prosecution rate is an obvious sign of how they get away with murder.
I’ve run into my own personal real experiences with judges and police. One totally ignorant and stupid cop once told me “You were being elusive by not answering your telephone”. What you notice with dishonorable judges is how they ignore crime, perjury and abuse that goes on before them. Most are too cowardly to do anything obvious and most just hide it all behind courtroom walls.
Judges are no different and in bed with police judges will never prosecute fairly nor will police prosecute judges even if guilty. Until police and judges realize the same fear the public has when committing a crime nothing will change. No one is above the law and everyone must be prosecuted equally.
The public also needs to be warned about the common practice and scam made famous by the churches. If exposed for a crime like molestation of a child, have them resign then move them to another church. Police and judges use this old scam often today. Keeping their lucrative benefits and retirement plans they just change departments or locations going on to commit more crime and abuse.
At least one police department in Connecticut deliberately and officially refuses to hire people who are too smart.
As a police officer in a small Oregon town Sean Sullivan was caught kissing a 10-year-old girl on the mouth.
Mr. Sullivan’s sentence barred him from taking another job as a police officer. But three months later, in August 2005, Mr. Sullivan was hired, after a cursory check, not just as a police officer on another force but as the police chief. As the head of the department in Cedar Vale, Kan., according to court records and law enforcement officials, he was again investigated for a suspected sexual relationship with a girl and eventually convicted on charges that included burglary and criminal conspiracy.
“It was very irritating because he should never have been a police officer,” said Larry Markle, the prosecutor for Montgomery and Chautauqua counties in Kansas.
Chicago Mayor Rahm Emanuel “opened the door to allowing candidates with minor drug and criminal offenses to become Chicago Police officers
The Los Angeles County Sheriff’s Department acknowledged that it hired about 80 officers who should have been disqualified because of problems in their backgrounds including criminal convictions and poor job performance.
COMMENTS BY ACTUAL POLICE OFFICERS “I’m a retired officer from the East Coast, and I can honestly say that I wish I never became a police officer. I did my best to do good during my career, but the administration kept bringing me down. I think I only made a dent in the world. I never moved mountains like I dreamed I would when I was a kid.
Then there’s that old question “Why don’t the good police officers do something about the dishonest ones?” It’s because the system does not support honesty or a whistleblower, all the so-called protections are nothing more than false protections and lies to cover up what is really going on.
Chiefs have a stake in selecting future law enforcement officers. During the study interviews, one chief stated that leaders could be fired for something they personally did not do because they ultimately are responsible and held accountable. Consequently, when police chiefs go to sleep at night, they must have 100 percent faith and trust in their officers. However having said that, is that what’s taking place as often when police do wrong nothing is done, there is no accountability if you think a paid vacation and a few days no pay are punishment befitting murder?
When asked what qualities today’s officers should possess, the chiefs agreed on unblemished character; high-quality work ethic; excellent communication skills; technical expertise; capacity to think independently and evaluate a situation; first-rate problem-solving aptitude; exceptional interpersonal skills; analytical and customer-service abilities; and common sense. Individuals do not necessarily acquire these traits through formal education and training. Many of the police chiefs emphasized that life experience matters.
Having read that when you come across officers who have no respect and ego and attitude issues you know that’s a bunch of BS. How often do you think management ends up hiring family or friends even if they’re totally unfit for the job? Worse when a problem officer is dropped by one department and hired by another. We have ignorant management hiring the worst candidates. Why because there is in fact no personal accountability, they take credit for any good and always run from their bad decisions leaving the burden to the tax payer who in the end is also victimized.
What’s worse is when a police officer does wrong who investigates? A friend or someone totally un-objective who works with that officer. It’s a broken system that they refuse to allow you to use when you commit crimes but demand they use it when they do.
“When people work with each other week to week, it’s highly unlikely that they’re going to be as aggressive” in an investigation, said Tim Lynch, director of the CATO Institute’s Project on Criminal Justice. A lawyer with the libertarian think tank, Lynch also oversees its National Police Misconduct Reporting Project.
No one tracks bad officers similar to the public getting a record even for non-proven events or investigations. It’s too easy and common for a problem or dishonest cop or judge to just move to another city when exposed.
Ever wonder why so many innocent people are prosecuted? Fact is if they even think you’re guilty (forget about evidence or truth) they often do anything even dishonest hiding evidence or witnesses to prosecute in their rush to judgment and seeking fame among others having solved a crime. It’s all ego and attitude based instead of evidence, truth, witness statements, justice or law. Ever hear about some of their concepts of solving crime? Note all the 10 below are FALSE
1.“When people lie, they look up and to the left.”
2. “The death sentence is an effective way to deter criminal activity.”
3. “We never forget the source of our knowledge.”
4. “Eyewitnesses are always the most reliable source of case-related information.”
5. “Most mentally ill individuals are violent.”
6. “Memory is like a video camera.”
7. “The ultimate goal of any interrogation should be gaining a confession.”
8. “Accurate memories of childhood sexual abuse usually arise years after the abuse”
9. “Police can tell when a suspect is lying.”
10. “People cannot have memories of things that never actually happened.”
The fact is Police and judges have too much power, that needs to be removed and put in the hands of the public, the tax payer. It never should be in the hands of government. When you research and find out who they hire as police officers or how bad lawyers are made into judges it does not take much to see the system is broken and has been for decades.
Police and judges will deny this as it exposes who many of them really are and they want to keep that false image to hide behind collecting huge salaries and benefits doing really nothing for public safety or the people they claim to serve.
It’s far too easy for ANYONE and I mean anyone to get hired. Want proof just look at all the documented cases. Why do you think so many police are against dash-cams and body cams? Only a dishonest person would object to such evidence. Think again our courts need digital recording of all audio and video which should always be public. Judges love to seal records, commit violations behind courtroom walls. Police above all are almost always turning off cameras when they should not.
People don’t understand how simple it is to do this to the elderly. I was a police officer for the city of Los Angeles and used to think our courts were about justice. Around 2006 my sisiter Sylvia Schmidt who was disinherited by our father Franz L. Gettinger because she had not spoken to him for over 35 years. Caused by her own sociopath actions Sylvia began a scheme to rob her mother of her rights and live savings.
This is where I discovered what Conservator and Guaridanship is. They’re terms that the courts use are suppose to be about protecting the weak however their false images used and abused by Judges, lawyers, government and family. It all starts with Perjury, fraud, abuse and removing all the rights of the victim.
One would think going to court and filing a petition exposing the fraud and perjury would expose the criminals and stop everything. To my surprise nothing changed and (3) petitions with evidence were all ignored. The game now was to stall and create false legal fees. All approved by the bar and commission of Judicial performance. Once the wheel of crime starts no one wants to stop it because Judges and lawyers are making money.
The fact that over $200k in bank accounts was never reported to the probate department was ignored. That the petition to creat the conservatorship was perjured and family was never notified meant nothing to the judge.
The goal then is to stall, lie and create huge legal costs in the end they will hide behind “Statute of limitations“. Even admitting they committed crimes all while the judges and courts do nothing. Full story
1. Over $200,000.00 from bank accounts
2. Over $3000.00 in cash removed from Gertrude’s home
3. Home deed
4. Banking statements, credit cards, Passport, INS info, identification (Identity theft)
5. Family jewelry of 80 years, rings, bracelets, watches, necklaces
6. Family Gold and Silver, coins
7. Home and personal items liquidated, stolen or sold
8. Gertrude is billed approx $40,000 a year for fraudulent billing
2. Failure to notify Family
3. Mailing court documents to the incorrect address
4. Theft of property, identity
5. Burglary used spare key to access home
6. Embezzlement, used banking info and accounts to transfer funds
7. Fraud, used ID, name and personal info only known by family to access finances
8. Identity Theft
9. Mail Fraud (Mail forwarding) for access to banking info and to create problems
10. Conspiracy (C. Overgaard, S & G Schmidt) conspired to form a conservatorship.
11. Elder Abuse, isolation, over medication, fear and threats, no privacy or safety in her room
12. Medication abuse to cause harm, abrupt changes of medications to cause complications
INVOLVED PARTIES: LOS ANGELES SUPERIOR COURT JUDGES
1st Judge Coleman A. SwartBar 41592 (Did nothing when notified)
2nd Judge Candace Joan BeasonBar 93497 (did nothing)
3rd Judge Mary Thornton HouseBar 81942 (did nothing)
4th Judge David S. Cunningham III Bar 108252 (did nothing)
Sylvia Schmidt, aka Sylvia Gettinger, aka Sylvia Velasco San Diego County CA Gary A. Schmidt (Husband of Sylvia) San Diego County CA
Sylvia forced her mother into a home in Pasadena CA in 2006 with the reason she would be 5 minutes away where Sylvia and Gary A. Schmidt resided, however soon there after Sylvia moved over 3 hours away to San Diego County and her husband Gary A. Schmidt created a company San Marino Wealth Management to invest the estate of Gertrude Gettinger without court permission. The court and probate department was given evidence and notified of this crime and nothing was done.
Now comes yet another documentary about how Conservatorship and Guardianship are used and abused to take advantage of the elderly. Full Story
Elder Guardianship is the Oldest Form Of Human Trafficking?
The biggest problem in America today is peoiple trusting images. Often the worst criminals, sociopaths, liars and con-artists get away with the use of a FAKE IMAGE. It’s the oldest trick in the book known to some as the “Wolf in Sheep’s clothing”.
The problems start when police or authorities believe the better liar or con-artist instead of checking facts and evidence. More often than less Probate investigators fail to check evidence in favor or believeing lies and a more convincing sociopath.
Remember the last thing criminals want is you to know what they’re doing or who they really are.
For instance when victim came forward with evidence of perjury, elder abuse and fraud the court did nothing, the lawyers all looked the other way knowning that exposing the real criminal means the money train ends. So it continues and the elder abuse is ignored as well as the crimes and violations.
See the full story HERE
Is Elder Guardianship A New Form Of Human Trafficking?
As the 71st session of the General Assembly of the United Nations begins this week to discuss international issues that affect the lives of millions throughout the world, the United States needs to step up its commitment to safeguard human rights and promote the rule of law in its own backyard — specifically, escalating abuse in the U.S. Elder Guardianship system.
It’s legal, but is it right?
Imagine you’ve worked hard all of your life and suddenly you are deemed incapacitated and are stripped of your dignity and basic individual rights. You have been abducted from your home, isolated from your family, and “placed” somewhere to be medicated while your assets are being pillaged. The authorities that should be protecting you are the ones committing these heinous acts. It sounds like Nazi Germany, but this is happening in the United States today.
The victims are seniors. The partners in crime are financial predators and agents of the Elder Guardianship system — attorneys, professional guardians, medical experts, and others who are paid out of the senior’s assets. There are some good judges but many are overworked and some are actively aiding the exploitation. Anyone can file to deem you incapacitated. The entire process from filing an incapacity petition to plenary guardianship where all rights are removed can happen within days. Yet, once you’re caught in the web, it’s almost impossible to break free… AND you are forced to pay your abusers in the process.
A 2013 AARP report gave a “best guess” estimate of the number of adults under guardianship nationally at 1.5 million. Idaho and Minnesota are the only states that track the amount of money being controlled by guardians or conservators; the combined total for just two states is over $1 billion. Guardianship is supposed to protect older citizens. However, what happens when the system is broken? A 2010 federal study by the U.S. Government Accountability Office (GAO) identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In 20 cases, the GAO found that guardians stole or improperly obtained $5.4 million in assets from 158 incapacitated victims.
It’s not just one city or state it’s nationwide, judges being paid off in property loans and lawyers bilking hundreds of thousands in legal fees for doing little to nothing. The truth comes out as they only do this to victims with savings or assets, once sucked dry they all disappear into the dark cracks from which they came. These are the lowest form of scumbag lawyers who steal from grandma and grandpa, They perjure petitions, bribe judges and even come in the form of PVP lawyers who all have the same thing in common. “They hide behind a false image of pretending to help or protect.
Most of the judges and lawyers involved abusing these defenseless, helpless and vulnerable victims never see them. They just pretend nothing is wrong while they fill their pockets with the blood money.
INVOLVED PARTIES FROM AN ACTUAL CASE: LOS ANGELES SUPERIOR COURT JUDGES
1st Judge Coleman A. SwartBar 41592 (Did nothing when notified)
2nd Judge Candace Joan BeasonBar 93497 (did nothing)
3rd Judge Mary Thornton HouseBar 81942 (did nothing)
4th Judge David S. Cunningham III Bar 108252 (did nothing)
5th Judge Mary Thornton HouseBar 81942
Attorney PVP for Gertrude Gettinger
Attorney Violet M. BoskovichBar 115362 Refuses to act evidence of crime
These lawyers have the evidence of perjury and fraud but do nothing
Bond Attorney’s Patty Lei Chen 221997
Bond Attorney Susannah M Dudley182939
Sylvia Schmidt, aka Sylvia Gettinger, aka Sylvia Velasco San Diego County CA Gary A. Schmidt (Husband of Sylvia) San Diego County CA
It’s that easy, perjure a petition, lie to the court telling them there’s no family or they live on another planet. Drug the victim so they appear mentally ill, Isolate them and lie to the probate investigators who never follow up on evidence or facts. In fact the criminal Sylvia Schmidt and her husband Gary A. Schmidt formed a company so they can invest all the estate funds without the courts knowledge because not one penny was ever in a blocked account
Gary A. Schmidt San Marino Wealth Management
They use police to terrorize anyone who tries to expose them, they use law to bankrupt anyone coming forward, In this case law is abused all while the judges
do nothing to help the statute of limitations run out.
STEPHON CLARK SHOULD BE ALIVE, Former Sacramento Kings forward Matt Barnes on Saturday led demonstrators in California’s capital in a protest rally over the police killing of an unarmed black man who — an independent autopsy found — was shot multiple times in the back. More
For decades Police and the courts have worked together to hide and distort the truth, to cover up murder (nothing to do with protecting or law). The fact is law is being used against us to help dishonest, mentally problematic people who want to kill where there is no threat or fear. These cowardly con-artist when facing murder charges and the loss of their job then abuse the “I fear” excuse. The real problem is we’re hiring control freaks, sociopaths, pyshopaths, insecure people seeking power and control, egomaniacs, bullies and murderers who all hide behind a badge and fancy uniform which gives them immunity and a liscense to commit crimes, abuse, terror and murder. They hide behind a false image selling themselves as “I want to help people” which is a lie. The commone tactic of socio and psychopaths is to use images (acting with the tactic “wolves in sheeps clothing”). Often Doctors, Judges, Lawyers and police are the false images.
STOP TRUSTING IMAGES, BADGES, ROBES OR TITLES FRAUDS HIDE BEHIND A uniform, badge, robe or title are nothing when the person wearing them is a liar and fraud
TYPICAL IMMORAL TACTICS USED BY DISHONEST POLICE AND COURTS
Delay autopsys, investigations, prosecution
Destroy the character of the victim with false or misleading info, leak false info to media
Hide Evidence about for person committing the crime, their history, previous crimes and records
Destroy evidence (video, audio, witness) terrorize witnesses, Delete videos and audio
Twist and manipulate law, grand jury and the jury, Get coronor to manipulate results
Refusal by prosecuters, judges and the courts to use law or prosecute
Delay forstatute of limitationProtect the criminal no jail time
Allow criminal extended amounts of time to fabricate a story, perjure reports
Allow criminal to use tax paid legal services
Failure to notify family or those involved as to miss court hearings
Out of control tax payer paid Police Unions (taken from officer tax paid salaries)
Manipulated Police officers Bill of RIghts abused to help commite murder and crime
You do it you are in jail day one, Police do it and nothing happens “NO OFFICERS HAVE BEEN CHARGED”
Ultimately nothing is done and these monsters are rewarded with PAID administration leave or posh desk jobs. They’re allowed to resign instead of being fired to retain their POST certifcation and full benefits paid by tax payers (Felons can’t posses guns or be hired). Many go on working and are even promoted and further infect and promote their socio and psyhcopath behaviors.
AMERICA MUST LEARN TO STOP TRUSTING AN IMAGE, People must earn respect by their actions not the uniform, badge, robe, bar license or degree they possess. Morals, Integrity no longer means anything with the invasion and epidemic of problem people getting hired and promoted.
CAN YOU HEAR US NOW?
The protests came one day after a forensic pathologist retained by the family of Stephon Clark said police shot the 22-year-old eight times, including six wounds to his back.
“It’s more than color,” Barnes told the crowd at the second of two rallies Saturday. “It comes down to wrong and right.”
Stephon Clark’s death in Sacramento: ‘You watch a human being executed — for what?
How many people were victimized by Prince George County Officer Jenchesky Santiago before they finally listened? This is actually very common that bad people get hired because they seek authority and power (deadly force) to which they abuse that power. Being “above the law” which no one should be the public trusts in a false image. Similar to a wolf in sheeps clothing scenario, this also takes place in other areas of our legal system, judges, lawyers, prosecuters all who often play with people’s lives and send the innocent to death row. More and more we see people being released from long prison sentences who were railroaded by egotisical police or prosecutors who ignore evidence and fact in pursuit of selfish control and rightousness. THe problem is when it’s discovered that the wrong person was indeed railroaded nothing is done to those who committed the crime.
Here we have Prince George County Officer Jenchesky Santiago who pointed a gun at an innocent man’s head and he’s not even remorseful about his actions.
Prince George’s County, Maryland, police officer, was sentenced to five years in prison without parole Friday after being caught on camera holding a gun to the head of a Bowie man who had been trying to enter his own home.
Jenchesky Santiago, 26, was convicted in December of first- and second-degree assault, use of a handgun in the commission of a crime of violence and two counts of misconduct in the office related to a May 2014 incident. He was sentenced to the mandatory minimum prison term of five years after having faced upwards of 45 years behind bars.
“Mr. Santiago violated the rights afforded to Mr. Cunningham and every citizen of Prince George’s County and no citizen should ever suffer such disrespect,” said Angela Alsobrooks, the state’s attorney for Prince George’s County. “Mr. Santiago’s actions that day and the fact that he continues to show no remorse for what he did and believes that the victims should actually apologize to him, shows that he had no business serving in our police department.”
Cellphone video of the 2014 altercation showed Santiago drawing his department-issued handgun and holding it to the head of William Cunningham, a Bowie resident who had been parked outside of his own home.
“I dare you to [expletive] fight me, son,” the officer was heard saying in the video.
In a recorded phone conversation that took place after last month’s conviction, Santiago told his mother that Mr. Cunningham should have to apologize, “because all he wanted was a payday.” FULL STORY
Stop the Corruption Los Angeles Superior Court Petition
The Superior Court system in Los Angeles has become a joke for a city that has so much,yet so little,California is ranked F, at present and the Superior Court system here is next to third world as far as fraud,corruption,and justice for profit.This system is denying its residents/Taxpayers their due process on so many levels,Banks,Escrow companies and title companies own the courts and they are attempting to own the land.Lawyers wont take a stand against these courts and their judges thats how bad it has become.Please do the right thing and investigate and replace those who dont want to play fair.
California doesn’t quite have the reputation of Illinois or New York when it comes to public corruption. Same with the city of Los Angeles and its counterpart in Chicago. However, the City of Angels has a long history of public corruption itself. Many public officials stole from the people’s trough for their own enrichment. Here we take a look at some of the larger examples and their wider ripple effects on the city’s history.
The history of corruption in Southern California is well documented. The Cal Watchdog has a list of some of the more infamous cases.
One of the more recent examples is the 2016 resignation of South El Monte, Luis Aguinaga after taking bribes for seven years. Another LA Times expose found that in 2010 the city of Bell was run through some corrupt actions. Its former City Manager Robert Rizzo was found guilty of 69 corruption charges, and five city council members were also found guilty.
In the city of Carson Mayor Al Robles faced investigation over serving both as Mayor and a board member of the Water Replenishment District– as well as campaign finance questions for each.
In the city of Lynwood, two former City Council members, Louis Byrd and Fernando Pedroza were convicted of raising their pay by almost a combined half-million dollars. They took stipends for working on city commissions without any responsibilities. Reportedly, city officials also used city credit cards to pay for a night out to a Mexican strip club — including sexual favors. The Mayor Paul Richards II was slapped with a 16-year sentence for embezzlement in 2007.
Of course, there is the public corruption in the 1990s Rampart Scandal, which saw over 70 police officers implicated in corruption over the city’s Community Resources Against Street Hoodlums program. The police chief Bernard Parks was not hired back in 2001.
It’s Too Easy To Hide Behind a Badge 8 Officers found Guilty American’s need to accept getting a badge does not mean someone is honest or law abiding in fact scandels such as what took place in Baltimore and the Rampart Scandal in Los Angeles are proof the corruption and ABUSE OF POWER is far worse than they want us to know. The bigger problem is the lack of government action when vitims come forward to report these criminals. They are protected while the real victims have their characters assisnated again and again to put the focus on the victims not the real criminals. This common practice is called “Don’t like the message, kill the messenger” and is commonly used against court victims in America.
Baltimore Police officers were indicted on charges of committing robberies, extortion, filing fake police reports and overtime fraud.
In today’s news conference federal and local law enforcement officials were flanked by poster boards of the damning evidence on one side and the code we expect from our officers on the other.
“I recognize the badge of my office as a symbol of public faith,” the code begins; a badge today tarnished, illustrated in the tense face and terse words of Baltimore Police Commissioner Kevin Davis.
Most of the officers were part of the specialized Gun Trace Task Force using their badge to commit robberies and extortion.
The indictments also allege the seven officers made fake police reports and even deliberately turned off their body worn cameras to conduct their business.
The outgoing U.S. Attorney Rod Rosenstein called it a “pernicious robbery scheme,” and that the indictments read like a slow but steady fleecing of public trust through power.
“It shows you what is going on behind the scenes, what these defendant allegedly are talking about…how they conduct themselves when they think nobody is listening and what you see is a lack of respect for the system,” Rosenstein said.
Lack of respect and flying in the face of a reform the Baltimore Police commissioner has been championing.
Of Officers Momodu Gondo, Evodio Hendrix, Daniel Hersl, Sgt. Wayne Jenkins, Jemell Rayam, Marcus Taylor and Maurice Ward, some already had personnel smears on their records. FULL STORY
To make matters worse and confirm the problem is as bad as we claim this is not the first time:
Among days of explosive allegations in the corruption trial of two Baltimore police officers, there emerged the name of a sergeant little known to the public.
A bail bondsman and admitted drug dealer testified that Sgt. Thomas E. Wilson III once provided security as he met with a drug supplier at a Baltimore strip club.
But Wilson has long been known to the police department’s Internal Affairs division.
Documents obtained by The Baltimore Sun show that the unit recommended in 2005 that then-Officer Wilson be fired for allegedly entering and searching a home without a warrant, getting a warrant after the fact, and then falsifying paperwork to suggest that the warrant had been obtained before entering the home. A trial board found Wilson guilty of misconduct and neglect of duty, and recommended a 15-day suspension without pay.
Wilson remains a city officer. The allegations against him, and the recommendations that he be disciplined, did not prevent the Baltimore Police Department from promoting him to sergeant, or from assigning him to supervise and teach officers in the Western District.
The department says it put Wilson on administrative duties after his name emerged in the testimony this month of bail bondsman and drug dealer Donald C. Stepp pending an internal investigation. Stepp did not testify that Wilson committed any crime. Wilson has not been charged with any offense.
In a separate case in 2003, Wilson was accused by a federal judge of lying in court. A police trial board recommended he lose five days of leave and be trained in search and seizure. And in a third case, in 2012, he was criminally charged with perjury. He was acquitted by a city jury.
Wilson is the latest example of a police officer with a troubled past remaining on the force to emerge amid the federal prosecution of Baltimore’s Gun Trace Task Force.
Det. Jemell Rayam, who has pleaded guilty to federal racketeering charges in the corruption case, was charged with lying to Internal Affairs in a 2009 case in which $11,000 was stolen from a Baltimore man. And in 2015, a city judge questioned Rayam’s credibility and prosecutors asked Internal Affairs to investigate.
Sgt. Wayne Jenkins, who has also pleaded guilty to federal racketeering charges in the Gun Trace Task Force case, came under scrutiny in a separate case in 2014. Then-Assistant State’s Attorney Molly Webb said surveillance footage of a suspect appeared to conflict with the accounts that Jenkins and another officer gave in charging documents. She dropped the case and reported the incident to her supervisors and Internal Affairs.
Detective Daniel Hersl amassed dozens of complaints, and the city paid three settlements to resolve claims against him. A jury is deliberating charges against him in the gun task force case.
Wilson has not been charged in the task force case, and did not appear in court during the trial. FULL STORY
Baltimore Police corruption trial reveals deep reach of city’s drug economy
One target drove a Mercedes and lived in a waterfront condo on Boston Street; another was homeless, essentially living out of a storage unit where he kept his money balled up in a sock. One lived with his extended family in a house he bought with a lead poisoning settlement; yet another had a half-million-dollar home on two acres of land in Westminster.
The circumstances of the people who were targeted for robbery by the Baltimore Police Department’s Gun Trace Task Force ranged widely, according to witnesses in the federal trial of two of its former members. The sums allegedly taken went from three figures up to six.
But the unifying factor, as so often is the case in Baltimore, was drugs.
The focus of the sweeping racketeering case was corruption. Eight former members of the elite unit robbed citizens under protection of their badges and claimed massive amounts of overtime for unworked hours. Six pleaded guilty; a jury convicted the other two on Monday.
But the case also provided a window into the pervasive reach of the drug economy in Baltimore.
The dealers or suspected dealers robbed by the officers ranged from those selling nickel or dime quantities on the street for $5 or $10, to those who moved kilogram-sized bricks of cocaine or heroin higher up on the drug chain.
The picture that emerged in testimony was of a Willie Sutton logic — the cops robbed drug dealers because that’s where the money was.
Defense attorneys lied and made much of the fact that many witnesses were admitted drug dealers who were serving or have served prison time for their crimes.
Prosecutors countered that the dealers weren’t the ones on trial.
Assistant U.S. Attorney Leo Wise, speaking of one witness, said robbery is robbery, whoever the victim.
“It doesn’t matter whether he made money,” the prosecutor said, “from selling drugs or selling Girl Scout cookies.”
A jury convicted two Baltimore police detectives Monday for their roles in one of the biggest police corruption scandals in recent memory.
Daniel T. Hersl, 48, and Marcus R. Taylor, 31, were found guilty of racketeering conspiracy, racketeering and robbery. Prosecutors said they and other members of the city’s Gun Trace Task Force had acted as “both cops and robbers,” using the power of their badges to steal large sums of money from residents under the guise of police work. Full Story
Two Baltimore police officers were found guilty of robbing, extorting and defrauding those they were sworn to protect.
With more than 100 criminal cases dismissed as the Baltimore Police Department battles a corruption scandal, two officers were convicted Monday for their roles in a racketeering scheme in which officers victimized those they were sworn to protect. Detective Daniel Thomas Hersl, 48, of Joppa, and Detective Marcus Roosevelt Taylor, 31, of Glen Burnie, were found guilty of racketeering conspiracy, racketeering and Hobbs Act robbery by a jury Monday evening.
Each guilty count carries a maximum sentence of 20 years in prison. Hersl and Taylor were acquitted on the charge of using a gun in the commission of a crime.
The two former detectives were members of the Baltimore Police Department’s now defunct gun trace task force, which was a special unit within the department to take guns off the streets.
They stole money, property and narcotics through various means: detaining victims, entering their homes, conducting traffic stops and swearing out false search warrant affidavits, according to the Maryland district attorney. The officers also submitted false reports, including charging documents and property seizure documentation, officials said.
Several members were indicted on federal racketeering charges in March 2017, and except for Hersl and Taylor, they pleaded guilty to a conspiracy that involved using their positions as police to rob people and commit overtime fraud. Full Story
The cost of Baltimore police corruption grows
t’s not every day that a federal judge steps down from the bench to shake the hands of the two criminal defendants before him, offer an apology and vacate their convictions. That U.S. District Judge Richard D. Bennett did so Monday when Umar Bradley and Brent Matthews appeared before him — and that Mr. Burley said afterward that, nice though the gesture was, it will not undo the wreckage done to his life during the seven years he spent in prison on a wrongful conviction — just begins to reveal the damage caused by the massive corruption scandal in the Baltimore Police Department’s Gun Trace Task Force.
essrs. Burley and Matthews were the two men who pleaded guilty after a member of the task force, Sgt. Wayne Jenkins, planted drugs in Mr. Burley’s car after a high-speed chase that resulted in the death of an 87-year-old man, police and prosecutors say. Mr. Burley spent seven years in prison before he was released in August, and Mr. Matthews was incarcerated for nearly four. More exonerations may well be on the way — federal public defenders are seeking to overturn the conviction of Levar Mullen, a Safe Streets worker who accepted a plea deal on a handgun charge after task force officers arrested him in 2014. He said at the time that the officers lied about the justification for stopping and searching him, and that claim must be given new weight after the revelations about the task force members’ own illegal acts. City prosecutors have taken steps to drop charges or release 175 people as a result of the task force’s corruption, and the Maryland public defender’s office says more than 2,000 cases are “irreparably tainted.”
Some of the people who will be freed as a result are probably innocent and have been wrongly accused. Others may well be guilty, meaning that dangerous criminals will be back on the street. Baltimore juries, already famously skeptical of police, will now be that much less inclined to take officers at their word, and witnesses will now be even more reluctant to cooperate with cops who have now been tarnished by association.
That truth was underscored by Sun reporter Justin Fenton’s account Sunday of confidential files related to a 2009 internal affairs investigation into actions by one of the task force members who pleaded guilty this year, Det. Jemell Rayam. Years before he joined the task force, Mr. Rayam took part in a traffic stop downtown after which a Baltimore man accused officers of stealing $11,000 in cash. In the initial investigation, Mr. Rayam claimed that he did not know the officer who initiated the stop and who was accused of taking the money. But he later acknowledged that the officer, Michael Sylvester, was an old friend, and investigators discovered that the two had communicated by cell phone 500 times in the four-month period around the alleged theft and 34 times on the day of the traffic stop.
He lied. No question about it. But while Mr. Sylvester would agree to resign rather than be fired,Mr. Rayam would be cleared by a police trial board, reinstated and, later, promoted.
Until recently, trial boards took place behind closed doors, and under the terms of the Law Enforcement Officers Bill of Rights, they provide a notoriously friendly audience for officers accused of wrongdoing. Police Commissioner Kevin Davis and Mayor Catherine Pugh are certainly right to push for a change in state law that would require civilian participation on the boards. Perhaps civilians would have been less likely to give a police officer a pass for making a false statement, knowing what would happen to an ordinary person who did so under those circumstances. We also certainly hope Mr. Davis’ spokesman is right that the internal affairs division has been substantially upgraded since the 2009 investigation and that the department is now better able to identify and deal with problem officers. Full story
“Fraud upon the court” has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases .
When all the lawyers, investigators and judge are aware of crime, fraud, abuse and do nothing and then it continues and the guilty say “well the court approved it (because they did not act)”
A case or lawsuit; a legal and formal demand for enforcement of one’s rights against another party asserted in a court of justice. The term action includes all the proceedings attendant upon a legal demand, its adjudication, and its denial or its enforcement by a court.
A void judgment is a judgment, decree, or order entered by a court which lacks jurisdiction of the parties or of the subject matter, or which lacks the inherent power to make or enter the particular order involved, State ex rel.
Fraud upon the Court
Fraud Upon the Court is where the Judge (who is NOT the “Court”) does NOT support or uphold the Judicial Machinery of the Court. The Court is an unbiased, but methodical “creature” which is governed by the Rule of Law… that is, the Rules of Civil Procedure, the Rules of Criminal Procedure and the Rules of Evidence, all which is overseen by Constitutional law. The Court can ONLY be effective, fair and “just” if it is allowed to function as the laws proscribe. The sad fact is that in MOST Courts across the country, from Federal Courts down to local District courts, have judges who are violating their oath of office and are NOT properly following these rules, (as most attorney’s do NOT as well, and are usually grossly ignorant of the rules and both judges and attorneys are playing a revised legal game with their own created rules) and THIS is a Fraud upon the Court, immediately removing jurisdiction from that Court, and vitiates (makes ineffective – invalidates) every decision from that point on. Any judge who does such a thing is under mandatory, non-discretionary duty to recuse himself or herself from the case, and this rarely happens unless someone can force them to do so with the evidence of violations of procedure and threat of losing half their pensions for life which is what can take place. In any case, it is illegal, and EVERY case which has had fraud involved can be re-opened AT ANY TIME, because there is no statutes of limitations on fraud. This is a trillion dollar “justice industry” just waiting to be tapped.
“Fraud On The Court By An Officer Of The Court”
And “Disqualification Of Judges, State and Federal”
1. Who is an “officer of the court?” A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
2. What is “fraud on the court”?
Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in “fraud upon the court.”In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. … It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”
“Fraud upon the court” has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore’s Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated “a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final.”
3. What effect does an act of “fraud upon the court” have upon the court proceeding
“Fraud upon the court” makes void the orders and judgments of that court.
It is also clear and well-settled Illinois law that any attempt to commit “fraud upon the court” vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) (“The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions.“); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) (“The maxim that fraud vitiates every transaction into which it enters …”); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) (“It is axiomatic that fraud vitiates everything.”); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).
Under Illinois and Federal law, when any officer of the court has committed “fraud upon the court,”the orders and judgment of that court are void, of no legal force or effect.
4. What causes the “Disqualification of Judges?
Federal law requires the automatic disqualification of a Federal judge under certain circumstances.
In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).
Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”).
That Court also stated that Section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.”
The Supreme Court has ruled and has reaffirmed the principle that “justice must satisfy the appearance of justice,”Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.
“Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989).
Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that “We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed.” Balistrieri, at 1202.
Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his “appearance of partiality” which, possibly, further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an “appearance of partiality” and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.
Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) (“The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.”).
Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of “interference with interstate commerce.”The judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone’s next-door neighbor (provided that he is not a judge). However some judges may not follow the law.
If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an “appearance of partiality” and, under the law, it would seem that he/she has disqualified him/herself.
However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states “disqualification is required” and that a judge “must be disqualified” under certain circumstances.
The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.
Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts.
FRAUD UPON THE COURT PSYCHOLOGY WHISTLE BLOWER
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Fraud on The Court= Case Dismissed