Saturday, April 11, 2015

Why Is The Criminal Stalker Copying In Vivienne Swanigan (City Attorney's Office) & Investigator Frayeh (Phil Spector Case)?

From: Kelley Lynch <>
Date: Sat, Apr 11, 2015 at 10:43 AM
Subject: Re: Kelley Lynch email to the Department of Justice Criminal Division dated Fri, Apr 10, 2015 at 7:12 PM
To: Vivienne Swanigan <>
Cc: "irs.commissioner" <>, Washington Field <>, ASKDOJ <>, "Division, Criminal" <>, "Doug.Davis" <>, Dennis <>, MollyHale <>, nsapao <>, fsb <>, rbyucaipa <>, khuvane <>, Robert MacMillan <>, a <>, wennermedia <>, Mick Brown <>, "glenn.greenwald" <>, lrohter <>, Harriet Ryan <>, "hailey.branson" <>, "stan.garnett" <>, "" <>, Feedback <>,, Jeffrey Korn <>


What is going on here?  I filed a claim notifying the City that I was filing a lawsuit and you're constantly copied in on emails from the Criminal Stalker Gianelli.  My son responded, didn't he?  He's correct - two fruitcakes who are conspiring morning, noon, and night about me.  Thunder buddies is what Rutger said, right?  My son is not in "Workplace Violence" but figured out that two fruitcake thunder buddies are conspiring about me with you copied in.  He wasn't amused.

Now, I do think Phil Spector is going to want to know why YOU and an investigator in his case are copied in by the Criminal Stalker.  I didn't knowingly and willfully violate a restraining order.  I was TOLD it expired by Boulder Combined Court,  Numerous people were.  There are serious problems with the fact that it's a domestic violence order.  I was at LA Superior Court today and spoke to many people.  There's a problem, Vivienne, and one of those problems is VAWA.  

But what would your involvement be?  I have a right to file a motion to vacate a fraud domestic violence order.  I have a right to address Cohen's lies and perjury.  That's why I filed a Motion for Terminating Sanctions with Judge Hess and provided evidence of perjury and fraud in documents submitted to him.  There is no statute for fraud upon the court.  Also, Courts maintain jurisdiction to clarify ambiguous judgments.  Your prosecutor lied and IRS continues to advise me that Leonard Cohen owes me tax documents.  They've also confirmed this for other people I've authorized to speak to them.

What's up, Vivienne?  I don't want to see you copied in on emails.  I have nothing that I am interested in discussing with you.  I'm interested in filing a federal lawsuit and speaking with a federal judge.  That's my legal right, Vivienne.  Gianelli has no right to criminally harass all these residents of Los Angeles.  

Don't you think it would save the taxpayers money if you hit (or had in the fall of 2012 when he started harassing me with Streeter copied in) reply all and demanded that he cease and desist.  What would that cost the taxpayers?  $25?  I want to find out what someone in your position makes on an hourly basis because I think you could have composed that request in less than an hour.

Kelley Lynch

Date: Fri, Apr 10, 2015 at 9:56 PM
Subject: Kelley Lynch email to the Department of Justice Criminal Division dated Fri, Apr 10, 2015 at 7:12 PM
Cc: "Vivienne A. Swanigan" <>,
Ms. Lynch,

1. The “case type” designation on the court docket reflecting the California registration of the Colorado order is for internal administrative use by the Los Angeles Court only and reflects the closest “check the box” category available to the court clerk who processed the Judicial Council form DV600 for filing. For example, on May 4, 2004, I filed suit on behalf of two falsely criminally prosecuted auto mechanics against their former employer on a single cause of action: “Malicious prosecution” But because there was no “malicious prosecution” box on the clerk’s court docketing software, the case was docketed as a “professional negligence” case.
The case was litigated pretrial all the way up to the California Supreme Court and resulted in a six seek long jury trial in which I obtained a million dollar verdict in my client’s favor for malicious prosecution, and no one cared that the case was docketed as a “legal malpractice action”. The internal court categorization of a matter is for statistical purposes only and does not affect how cases are processed by the court, heard or determined.  You are fixated on an irrelevancy. (Yes, I am aware that your prosecutor claimed that you were in a “dating relationship” with Cohen and that certain domestic violence fines that you never paid were levied in your criminal case before being vacated. But none of that has anything to do with how the California registration of the Colorado order was docketed in Los Angeles by the court clerk’s office.)

2. Once a civil harassment order is issued, the issuing court does not “lose jurisdiction” simply because you move away. What matters is that not only were you residing in Colorado when the order was issued, you appeared at the hearing and (after initially asserting your right to a contested evidentiary hearing) then changed your mind, waived your right to a hearing, and requested the court to simply issue the permanent civil harassment order. Once you made a “general appearance” at the hearing (instead of appearing specially to contest the jurisdiction of the court over your person, as did Mr. Kory in the Agile litigation), all objections to the Colorado court’s jurisdiction over you were waived. (See, generally, Roy v. Superior Court (2005) 127 Cal.App.4th 337, 341 (California) and In re Nickerson v. Network Solutions, LLC. (2014) 2014 CO 79 (Colorado supreme Court)). As noted in my correspondence of yesterday, Colorado Statutes § 13-14-108 provides that civil harassment orders are permanent and may only be modified or terminated by the restrained person in very limited circumstances. The rule you propose would allow restrained persons to frustrate the Colorado statute by simply leaving the jurisdiction, establishing residency in another state, applying to a California court to dismiss the Colorado order, and then moving back to Colorado. Nice try, but no cigar.

Very truly yours,

Stephen R. Gianelli
Crete, Greece

---Forwarded message---
From: Kelley Lynch <>
Date: Fri, Apr 10, 2015 at 7:12 PM
To: ASKDOJ <>, "Division, Criminal" <>, "irs.commissioner" <>, Washington Field <>, "Doug.Davis" <>, Dennis <>, MollyHale <>, nsapao <>, fsb <>, rbyucaipa <>, khuvane <>, blourd <>, Robert MacMillan <>, a <>, wennermedia <>, Mick Brown <>, "glenn.greenwald" <>, lrohter <>, Harriet Ryan <>, "hailey.branson" <>, "stan.garnett" <>,, Jeffrey Korn <>

Hello DOJ,

As I wrote earlier, I was at LA Superior Court today and the order I was prosecuted for allegedly violating is a domestic violence order.  That's seriously problematic.  Please take a look at the information from LA Superior Court's website.  As you can see, Cohen's fraud restraining order in 2005 was a non-domestic violence civil harassment order.  I have no idea what the allegations are apart from Cohen's testimony at my trial.  He lied.  I never said I called LAPD the day SWAT rolled by and Lindsey's declaration clearly states that he phoned the police.  He was also told by LAPD that my neighbors may have called.  NO neighbor of mine called.  I knew all of them and they were horrified.  

I will be at LA Superior Court again on the 21st and 25th.  At that time, I intend to file a motion to vacate the domestic violence order.  I have not been a resident of Boulder since sometime in 2008 so I tend to doubt that Court has jurisdiction over me and it did not have jurisdiction over Cohen.  Judge Babcock set forth the requirements re. jurisdiction with respect to Kory's request to dismiss him from the Natural Wealth case.  

These issues also affect the matter before Judge Hess because Korn presented Hess with the "domestic violence" related orders Kory and Rice had.  And argued issues related to the 2005 order, 2008 order, and 2011 domestic violence order.  I also want the Family Court to understand that I reported Cohen's criminal tax fraud to IRS on April 15, 2005 and these orders have been used to discredit me; prevent me from requesting IRS required tax information; and have been used to argue that I cannot serve lawyers involved with these matters including one who is the Registered Agent of LC Investments, LLC.  

I did explain to the man I spoke with in the restraining order section that it just sounds better if Cohen lies and says I was his disgruntled ex-lover because advising people that I reported his criminal tax fraud (allegations) is evidently boring.  This man thought Cohen was broke.  I assured him he wasn't and mentioned Cohen's nearly $6.7 million in loans/expenses re. Traditional Holdings, LLC.  I also explained that I wasn't served Cohen's lawsuit and this situation is entirely frustrating.

This situation demands an investigation.  How many harassing emails have I received lately from the Criminal Stalker re. these issues?  Well, I'll attach them to my declaration re. the motion I am filing to dismiss the fraud "domestic violence" order.  Michelle Rice - NOT Stephen Gianelli - is the attorney of record in this [domestic violence] case.  I'll attach Korn's Opposition arguing that Cohen was able to subvert the due process clause of the U.S. Constitution with his fraud orders - as well as IRS reporting and filing requirements.

All the best,