No Place to Turn!
-----Original Message-----
From: Diane Johnson [mailto:flutend@yahoo.com]
Sent: Sunday, August 16, 2009 10:08 PM
To: JAIL4Judges
Subject: Re: * * * DEAR ROBERT * * *
Dear JAIL for Corrupt:
Would you know of any lawyer in the United States who would take a big case for denial of due process, a Human and Civil Rights case that could bring down one of the biggest insurance companies, and a state administration full of their henchmen?
I was willfully crippled for life by crimes proven in court fight. Now I am forced to seek help outside the United States….
Iris
From: Offering Accountability of Judges Directly to the People
Subject: * * * DEAR ROBERT * * *
To: "Judicial Acct. Directly to the People" VictoryUSA@jail4judges.org
Date: Friday, August 14, 2009, 8:22 AM
DEAR ROBERT
(Ron Branson’s response below – VictoryUSA@jail4judges.org)
From: Robert L. Cheney Jr. [mailto:cheney5512@comcast.net]
Sent: Friday, August 14, 2009 7:25 AM
To: JAIL4Judges
Subject: Unlawful Arrest by Court
Dear Jail4Judges:
Hello. My name is Robert L. Cheney Jr., and I have been in the Father's Rights movement for quite some time and have also been battling these California courts on the order of 25 years.
We just recently had a man, railroaded into prison in MARIPOSA COUNTY
in California. (Very corrupt). This court is also working in conjunction with an out-of-control DIVORCE CASE in Merced County. Both courts are acting in unison and cannot arrest Daniel Vienna (the Father) enough! (They have repeatedly arrested him for an imagined crime (traffic).
The first case is a traffic infraction case (crossing yellow line, driving without license, obstructing officer (lie). We asked for Administrative Hearing with the CHP officer to which he denied the hearing (which was a default). We then made a Special Appearance at all times in the traffic case -- to which that court steam rolled over him, moved to jury trial which "convicted" him. At all times we made Special Appearance.
We then moved into the appeals court and demanded proof of jurisdiction ("Once jurisdiction is challenged it must be proven"). We had the definitive case law showing that when Administrative hearing is denied, the Superior Court loses
jurisdiction (double jeopardy). The court would not listen to the law. We've gone up through the courts on that issue and now are in the Federal Court on a REMOVAL (Fresno DCUS 1:09 CV 01124 ). Under Anthony v. Runyon, once it has been removed, the lower superior court loses jurisdiction.
He then had a divorce. The wife left him for a lesbian relationship and left him, the home and the family stranded. A "divorce" case then ensued in Madera County. He got a lawyer (Maurice E. Joy)--worst decision he ever made.
HIs lawyer drained him of everything (30K plus) and of course did nothing. When the money was gone, the lawyer then moved to be relieved of the case. Dan asked the lawyer to stay, asked the lawyer what is defense was (never answered), never provided a defense. Dan also asked for TIME to procure another lawyer (never given). The California Rules of Professional Conduct state that the lawyer cannot
just leave, and that the lawyer stay and MUST secure his interests before leaving and MUST give him time to procure a new lawyer. THIS WAS NEVER DONE ... the court just STEAMROLLED OVER HIM AND THEN SEIZED HIS HOUSE! There was no hearing on this, even though we demanded it--and the court summarily granted the lawyers motion to leave the case, and then immediately seized this guys home (forcibly threw him off) and left the whole family homeless. This was done by both lawyers who wanted to be paid.
The Madera divorce court was told by the wife and her lawyer of the Mariposa court and his fight on that issue. Both courts then conspired against him. The Mariposa court put him up for arrest on a bogus FTA (when he appeared by paper -- and the date for that hearing was thrown in when they knew he was in LA). The court immediately put a 'bench warrant" out for him.
He applied for bail ($15000). They would ONLY let him have bail IF he booked. (No cause, as that case was a VOID JUDGMENT). They then upped the bail to $25,000...he got a bailbonds to pay it and the court finally accepted.
We asked for a DEMAND FOR PRODUCTION OF WARRANT under PC 842 which they never have given him in almost a year of asking for the alleged
warrant. WE also asked for the affidavit in support. They refused.
Yesterday, at the hearing for production of warrant, they arrested him, EVEN THOUGH HE HAD SECURED THE BAIL. (That was shown to the Judge Dana Walton Mariposa Superior Court). He shuffled and then said he was still going to arrest him and 'exonerate' the bail. Dan then stated that the case was removed to Federal Court, and that this court didn't have jurisdiction. The judge had the clerk called the Federal court, and the clerk returned admitting that "yes, it was removed to federal court." They still arrested him anyways, violating his 8th Amendment right to bail and the jurisdictional prohibition that was on the record that the case had been removed and was pending in the upper federal court.
We have noticed that the courts are in a complete FREEFALL. Law is nowhere found in these courts. What has happened in this case is PURE ABUSE. I believe the discussion has to go from "working" with these courts TO COMPLETELY REPLACING THEM.
AS FAR AS I CAN SEE, THESE COURTS ARE ONLY A DOMESTIC ENEMY.
We would endeavor your help in this matter. An instant writ of habeas is going into the federal court today, but I doubt that the court will give any remedy.
We need help.
Please RSVP or call me at 530-327-xxxx.
Thanx
Robert L. Cheney Jr.
Author: Suffering Patriarchy and,
ORIGINS OF SOCIETY (new book)
Founder: Legends Legal Aid Society
Dear Robert!
Thank you for writing us. My name is Ron Branson. What you have experienced is typical when you deal with the courts and expect justice. Write this up as a cheap education on what the “law” is all about. I am often confronted with “educated” people who think they know the law, and set out to prove it in court from all parts of this country.
I could tell you story after story of my own personal experiences in the courts. This was in the days when I, like most every other patriot, thought I knew what I was doing. I had to be kicked to the curb and the boot stomped in my face and tortured with electricity until I came to know what the law was really about. I began to feel sorry for the law students who would come to the copy machine in law school to make photocopies as I began to educate them on how they were being brainwashed. I could not have learned what I have learned had I gone to Harvard Law School and earned a degree in law, and received a doctorate.
I have had the Deputy State Attorney General stand before the Appeals Court and yell angrily to the Justices, “Mr. Branson may not be an attorney, but he knows just as much as an attorney, and so you have to treat him as an attorney.” I did my best to retain my composure and not smile or make comment. The fact is, I deem most all of the government attorneys of which I have come up against as total idiots with law degrees, but unable to legally punch their way out of a wet paper bag. The only thing they had going for them is that they were government attorneys covered by the omnipotent judiciary. That is all!
Perhaps you may remember the scene in the movie, 1984 in which electrodes were attached to the subject, and he was asked by the Administrator how many fingers he was holding up. The subject, seeing four fingers, responded, “Four.” The Administrator nodded to the torturer and the electricity was applied. After a torture session, the Administrator nodded again, and the electricity was turned off.
The Administrator said, “I ask you the same question, how many fingers am I holding up?” The subject knew not to say four the second time, so he tried five. The same head nod followed, and he was again tortured with electricity.
The subject was then asked a third time how many fingers the Administrator was holding up. This continued until the subject stated, “How ever many you want it to be.” The Administrator said, “That is correct, and don’t you ever forget it.” The “Law” is whatever the “Administrator” wants it to be, and everything else is wrong!
So I congratulate you on your newly discovered knowledge of the law. You are one step ahead of all those people who think they know the law, when they are actually “educated idiots” naïve to believe that the law is what can be cited from a bound volume called “a law book.” You are now a great candidate for becoming a JAILer, i.e., one who has come to grasp the lesson of which you have now discovered. Great are your words, “AS FAR AS I CAN SEE, THESE COURTS ARE ONLY A DOMESTIC ENEMY.” You can’t imagine the value of lesson this is. It is more valuable than gold, and more to be coveted than precious rubies. My most difficult lesson is getting across to people what you have just learned. I call it the deprogramming of the delusional brainwashing most all go through. So long as people have ingenious ideas, I have to contend with them. But when they reach the bottom of their ingenious ideas, they become candidates for learning.
God bless you, Robert Chaney
3 comments:
Amen Bill! All you said is so true!
Well written. As the wife of a former federal inmate, I can relate and share your views. This system is skewed and broken. Before our nightmare began, I was just as naive about our justice system and the government, gross prosecutorial misconduct, and then the BOP, a cruel and ugly monster in our midst. I'd like to add defense attorneys to that list. They are battling such a big beast that they give up the fight before it starts, their focus is not on justice, it's on damage control, guilt or innocence play a very small part in their defense strategies. It's too bad the general public knows nothing about "guidelines" until they're in it, especially if their role is juror. I would love to tell my husband's story here too, but as he is on supervised release, I cannot take that chance.
Thanks for your commment anonymous.
I'm not as hard on the defense attorneys because I think they are right to approach this as "damage control." Once you realize the system is not about right/wrong or justice/injustice, you can think more clearly about how to approach that system.
If, as a defense lawyer, you persuade your client that just because he is innocent (or trivially guilty) he should fight for "justice" then you may very well end up consigning him to a longer prison term.
I approach it now like a game of poker. Once investigated/indicted, it is like being dealt a bad hand. You can complaign about the unfairness of it all, but at the end of the day, you still have to play the cards you are dealt and the stakes are very high. To the degree that you are caught up in the "injustice," you will be unable to think soberly about the task at hand.
It feels good to fight and there is a certain pride in knowing you never gave in, but after several years in prison -- knowing you could have plead out to, say, several months -- that pride doesn't carry you very far.
I am still on supervised release also (hopefully not much longer) and so far no one has given me any grief over my blog. Early on there were a few concerns expressed, but I actually think most people who understand the system agree with what I am saying.