Saturday, May 4, 2013

Kelley Continuers To Document The Criminal Harassment Over Her Appeal, Writ, Oral Arguments, Leonard Cohen's Tax Fraud, Phil Spector's Matter, The IRS, City Attorney, District Attorney, Etc.


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 10:51 PM
Subject: Fwd: APPEAL DOCKET AS OF TONIGHT
To: Washington Field <washington.field@ic.fbi.gov>


To the FBI,
This is evidence that I am being blatantly criminally harassed over my appeal.  This follows Gianelli's ongoing harassment - copying in the prosecutor.  That was preceded by the prosecutor LYING to LAPD about an email I sent the FBI as an example of the City Attorney's insanity with respect to bogus threat accusations.  You do have a copy of that email, right?  Good.  Then you can prove that Streeter lied to the Threat Management Unit and she can continue to lie everywhere she goes.  These people are pathologically deranged. 

All the best,
Kelley


---------- Forwarded message ----------
From: The-14th Sheepdog <thexivthsheepdog@gmail.com>
Date: Sat, May 4, 2013 at 9:54 PM
Subject: APPEAL DOCKET AS OF TONIGHT
To: Kelley Lynch <kelley.lynch.2010@gmail.com>


Case Summary
Case Number: BR050096
THE PEOPLE V. KELLEY LYNCH
Filing Date: 05/07/2012
Case Type: Appellate Division Appeal-Misd
Status: Pending
Underlying Case-Appellate: 2CA04539 on 05/04/2012
Scheduled Events

05/09/2013 at 09:00 am in department APLT at 111 North Hill Street, Los Angeles, CA 90012
Hearing-Oral Argument((continued from 4/18/13))


Documents Filed | Proceeding Information
Parties
LOS ANGELES CITY ATTORNEY - Attorney for Plaintiff/Respondent
LYNCH KELLEY - Defendant/Appellant
SUAREZ FRANCISCO - Attorney for Defendant/Appellant
Case Information | Party Information | Proceeding Information
Documents Filed (Filing dates listed in descending order)
[NOTHING FILED AFTER 4/12/2013]
04/12/2013 Notice-Hearing (Appellate)
Filed by Clerk
04/10/2013 Order (Appellant's motions for relief from default to file reply brief and continue hearing date are granted. FL=RC )
Filed by Court

04/03/2013 Motion (FOR RELIEF FROM DEFAULT AND REQUEST TO EXTEND TIME FOR ORAL ARGUMENT )
Filed by Clerk
03/25/2013 Notice-Hearing (Appellate)
Filed by Clerk
03/13/2013 Order (Court denies notice of abondonment and appellant's request to dismiss the appeal. )
Filed by Court
03/06/2013 Abandonment-APPELLATE DIV APPEAL
Filed by Attorney for Defendant/Appellant
02/14/2013 Brief-Respondent
Filed by Attorney for Plaintiff/Respondent
01/17/2013 Order-Extension-Brief Dates-APLT (Granted and Order filed )
Filed by Clerk
01/16/2013 Application-Extension-File Briefs
Filed by Attorney for Plaintiff/Respondent
12/17/2012 Brief-Opening
Filed by Attorney for Defendant/Appellant
11/28/2012 Order (Appellant's third application for an extension of time to file an opening brief is denied. FL=BD )
Filed by Court
11/16/2012 Notice (OF DEFAULT NO AOB )
Filed by Clerk
10/17/2012 Order-Extension-Brief Dates-APLT (GRANTED )
Filed by Clerk
10/11/2012 Application-Extension-File Briefs
Filed by Attorney for Defendant/Appellant
09/14/2012 Order-Extension-Brief Dates-APLT (GRANTED )
Filed by Clerk
09/11/2012 Application-Extension-File Briefs
Filed by Attorney for Defendant/Appellant
08/13/2012 Notice-Filing ROA/Brief Due Dates
Filed by Clerk
08/10/2012 Record on Appeal
Filed by Clerk
06/01/2012 Ord Apptng Counsel (Francisco Suarez appointed )
Filed by Court
05/23/2012 Request-Appointment of Counsel
Filed by Clerk
Case Information | Party Information | Documents Filed
Past Events (Proceeding dates listed in descending order)
04/18/2013 at 09:00 am in Department APPLT, Alex Ricciardulli, Presiding
Hearing-Oral Argument (*Continued to 5/9/13*) - Held-Continued
Case Information | Party Information | Documents Filed | Proceeding Information

Why I Will Now - Together With My Appellate Attorney - File Declarations With The Trial Judge & Appellate Division Re. The Criminal Harassment - Including As It Involved The Prosecutor Being Copied In


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 10:36 PM
Subject: Fwd: No endorsed filed face page, no "filing"
To: "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>


To the IRS and FBI,

I am speaking to my appellate attorney on Monday.  I am asking him to prepare a declaration for both the trial court and the appellate division advising them that Gianelli relentlessly contacted him with respect to me and also copied him in on emails he sent criminally harassing me with the prosecutor Sandra Jo Streeter copied in.  I will also file a declaration.  The criminal harassment with respect to my appeal, writ, and oral arguments continues.  These people are dirty and ugly.  That's obvious - they set up an innocent woman, targeted the IRS over Cohen's tax fraud, and had Cohen on the stand testifying about Phil Spector and one of his countless good rock and roll stories about Phil Spector.  These people need to be investigated.  They are clearly completely out of control.  The corruption is obviously rampant.  That's why they have to monitor people online - to read about themselves.  As you know, a friend of mine is also being monitored by the City of Los Angeles - same IP addresses, naturally.  And then there's the situation with Coyote Shivers. 

All the best,
Kelley


---------- Forwarded message ----------
From: The-14th Sheepdog <thexivthsheepdog@gmail.com>
Date: Sat, May 4, 2013 at 9:41 PM
Subject: No endorsed filed face page, no "filing"
To: Kelley Lynch <kelley.lynch.2010@gmail.com>

I have a lawyer and remain uninterested in human beings impersonating dogs who lie and have motive.  
 
You write:
“My lawyer is telling the truth and the fact that he is being slandered here - due to Leonard Cohen's lies, prosecutorial misconduct, the ongoing fraud in the Respondent's Brief, and the City Attorney's Celebrity Justice Program - is unconscionable and should be addressed in litigation.  These people are completely out of their minds.”
The FACT is that the Los Angles County party index shows NO PENDING PROCEDINGS except for your pending criminal appeal, including any new habeas petition.
The FACT is that Los Angeles County has huge liability with respect to me.  They have aided and abetted theft, a fraudulent custody matter, fraud restraining orders, perjured testimony, etc.  This is how the Celebrity Justice System works in LA Confidential when Leonard Cohen commits tax fraud and will testify in my alleged intent to annoy trial about Phil Spector and one of his garbage versions of the gun story that he told me - for 20 years - never happened.  I know precisely why the DA's investigator was sitting in the courtroom even if the lunatic decided to lie in his letter to the court during sentencing ON THE TAXPAYER'S DIME.  The arrogance of these people and what they are willing to do for a buck SHOCKS the conscience.  
ADDITIONALLY, checking the on-line docket for your pending appeal, no pleadings of ANY KIND were filed after April 10, 2013.
And, the point is?  I am aware of this.  No Reply Brief will be filed.  The City Attorney's lies are on the record, in the Respondent's Brief, and I am not wasting one more moment of my life addressing their ongoing unconscionable governmental conduct and lies paid for by the taxpayers.  
If your “writ” was ACTUALLY ACCEPTED FOR FILING by the LA Clerk’s Office, your attorney would be able to email you a pleading face page file stamped “ENDORSED FILED” with a date and clerk’s signature on it. If he cannot do that, the “writ” has not been filed.
A red flag is the admission that the “writ” was “too long” and that an application to file a brief exceeding the page limitation is required.
 My Writ is not the problem.  The lies, perjury, fraud, and concealment are.  If the appellate division doesn't accept the Writ that issue will be further appealed.  This matter is not going away.  The appellate division is clearly used to these tactics and thinks it has a right to force me to continue with this appeal and also thinks it has the right to expose me to dangerously unstable stark raving lunatics with MOTIVE.
If that was true, the “writ” WOULD NOT HAVE BEEN ACCEPTED FOR FILING until the application was submitted AND THE ORDER GRANTING PERMISSION TO FILE AN OVER SIZED WRIT ISSUED.
Either that or they can grant permission for the ongoing prosecutorial misconduct, fraud, perjury, lies, and concealment.  What arrogance - permission to address unconscionable governmental conduct while the City Attorney continues to waste and abuse taxpayer dollars.  Nice scam.  
In any event, no endorsed filed face page, no filing.
Yes, sometime there can be a delay in updating the website, but you have been saying, per Suarez, that the “writ” has been filed for several days (since May 1), and updating does not take THAT LONG.
I see the obsession with my Writ is completely over the top. Maybe all the lying prosecutors and lawyers who have targeted me - including Cooley and Jackson - can weigh in on the response.  The lies, fraud, perjiury, and concealment were TOO LONG - not my Writ.  
Nor, even if an order to show cause was issued in response to your “writ” (the first step toward a writ of habeas corpus being heard in its merits), would the “writ” be “at issue” in time for the scheduled oral argument, setting aside that there has been no consolidation of the “writ” and the pending appeal.
Well, what's in my Writ and the Opening Brief are the only things vaguely resembling Merits - everything else on the record is a lie, perjury, fraud, or concealment.  Perhaps the appellate division can get out their crystal ball now. 
Apparently, if a lawyer is humoring you and paying lip service toward your wacky theories you believe anything you are told.
Is he?  Well, let's underestimate him then.  
Ask him for an ENDORSED, FILED COPY of the face page of the writ reflecting its filing. If he cannot produce this it was never filed.
I will ask him for NOTHING.

Kelley Reviews The Evidence With The IRS, FBI, DOJ, Treasury, FTB, Dennis Riordan & Her Attorneys - An Example


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 7:40 PM
Subject:
To: "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>


To the IRS Commissioner's Staff,

More criminal harassment. with respect to my appeal, Cohen's tax fraud, etc.  I have found further evidence proving Cohen perjured himself when he said I handled the IRS filings.   He testified to that and his tax returns prove that this is perjury - as do the tax returns for TH.  His tax lawyer prepared these returns.  I had nothing whatsoever to do with them and it was my lawyers and accountant who brought the fraud on them to my attention.  I am reviewing the 2001 TH tax returns for my attorney.  See the two that RW prepared.  I have no idea which one was filed but the discrepancies are grave.  They also are missing the income re. the sale of assets to Sony in 2001.  I believe both sets of K-1s are fraudulent. I would like an IRS opinion with respect to all TH tax returns as well as everything that is wrong with them.  Right now, as my advisers told me, I am aware that Cohen failed to report the TH sale in 2001; the promissory note was extinguished in 2002 - using a separate tax ID; and the annuity itself was extinguished in 2003.  Why is the promissory note listed on the 2001 return as bad debt when it is not bad debt.

And Leonard Cohen took the stand and lied that the IRS is pursuing me - and included that same insanity in his preposterous and shameless victim impact statement?  This man, as my lawyer pointed out, is indeed a performer.  Can he perform his lies for the IRS however?  I think not.  He can't perform them for my attorneys.

All the best,
Kelley

The-14th Sheepdog




One more thing. Even if your writ was ENDORSED FILED (which it has not yet been - the tipoff was the need to file an application for permission to file an over long brief, which must be filed with or before the pleading in question) was on file, and the court was going to consider it by issuing an OSC, the People would have 30 days to file a "traverse" or answer (opposition).
Well, the People will be wasting further taxpayer dollars and will, no doubt, engage in further lies.  

No way could this happen in 1 week before oral argument.

Your lawyer is not telling the truth.

My lawyer is telling the truth and the fact that he is being slandered here - due to Leonard Cohen's lies, prosecutorial misconduct, the ongoing fraud in the Respondent's Brief, and the City Attorney's Celebrity Justice Program - is unconscionable and should be addressed in litigation.  These people are completely out of their minds.  The arrogance is unparalleled.  Their abuse of taxpayer dollars is utterly shocking and shameless. The ongoing criminal harassment over my appeal, writ, and oral arguments is further evidence that the Appellate Division - when it refused to abandon my appeal (which my attorney and I believe is unconstitutional and this will be addressed in litigation) - has further exposed me to dangerously unstable individuals with MOTIVE.  They appear to be a composite of Leonard Cohen, Alan Jackson, Steve Cooley, Prosecutor Sandra Jo Streeter, the City Attorney, Cohen fan Susanne Walsh, lunatic lawyer and sleazebag Stephen Gianelli, and others. 

Richard Westin Fax dated February 28, 2002


Allocations with respect to 2001 return of Traditional Holdings, LLC
$74,576 income


Kelly as Class B preference:  $24,000 for 2001 and $855 for 13 days in 2000


That leaves $49,721


Of that 1% goes to Kelley as B owner, for $497


That leaves $49,224 for A shares


Of that 99.5% goes to Kelley $48,978


$246 goes to Leonard


Total:  


KL:  $74,330
LC:  $246


I began the capital account at $25 (LC) and $240,000, (KL)  respectively.  


Two TH Tax Returns dated March 5, 2002 and March 10, 2002.  I have no idea which one was filed.  These were prepared by Leonard Cohen’s tax lawyer, Richard Westin, who - together with Cohen and Neal Greenberg - were the architects of this entity.  Cohen testified that i handled the IRS filings but clearly that was perjured testimony and I have evidence proving that.  Westin’s EIN is 61-1374294.  The EIN re. TH is 31-1754289.  The date business started on both returns is 12/18/2000.  One return lists $314,501 assets (return dated 3/5/2002) at the top while the other (dated 3/10/2002) lists nothing.  


Return Differences        3/5/2002                3/10/2002


Net Gain            115,000                75,000
Other Income         99,506                99,506
Total Income        214,506                       214,506


Total Deductions        140,030                       120,030


Ordinary Income         74,476                 54,476


The 3/5/02 return lists cash as $3,949,501.  The 3/10/02 return lists cash as $4,870,025.  Nowhere on these returns do Neal Greenberg/Agile Group’s commissions (which, according to Cohen, totaled 35% of the gross sale price or over $3 million; Cohen doesn’t specify a specific amount for 2001) appear.  KL’s promissory note is listed as trade note and accounts receivable.  It is also listed - with $25 additional - as a bad debt in 2001 although it was not.  The 3/5/2002 return lists investments as $1,255,000 while the 3/10/02 return lists investments as $50,000.  Attorneys fees on both returns - which represents what Westin billed for his services on behalf of Leonard Cohen personally - total $14,250 on both returns although Leonard Cohen has now stated that Westin’s legal fees were $100,000.  Schedule 9A on the 3/5/02 return lists loans to Leonard Cohen at $1,255,000.  The 3/10/02 return lists the above Allocation Schedule.  K-1 Partnership forms for KL and LC are attached to both returns.  On both, KL is listed as a 99.6% partner and LC is listed as a .4% partner.  On the 3/5/02 return KL has ordinary income listed as $74,330 while LC has $246.  On the 3/10/02 return KL has ordinary income listed as $149 and LC has ordinary income listed as $149.  Nowhere on these returns does Cohen’s tax lawyer list the sale proceeds from the TH/Sony deal that closed in 2001. Review these returns against the fraudulent expense ledger.  Contact the IRS to determine which return and which K-1s were transmitted.  Then file fraud form 3949a. 


Los Angeles County & Ongoing Criminal Harassment, Terrorist Abuse Of Restraining Orders, The Celebrity Justice System, & Bald Faced Liars With Motive


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 6:38 PM
Subject: Fwd:
To: Washington Field <washington.field@ic.fbi.gov>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>


To the FBI,

It's quite sick, and evidence that I am dealing with a criminally insane individual here, to note that this individual actually thinks it is speaking to me.  It's time someone spoke the truth to me?  Well, that's clearly not going to be the individual criminally harassing me over my Leonard Cohen, appeal, the IRS, Phil Spector, the City Attorney of Los Angeles, Alan Jackson, etc.  Leonard Cohen is an absolutely pathetic individual whose lawsuits are nothing more than cover-your-ass-letters in an attempt to obstruct justice and conceal his tax fraud and wrongdoing.  He has stolen from me.  The IRS has been given the corporate books, records, and an abundance of evidence that support this allegation and the fact that he has stolen from me. 
The individual writing me is dangerously unstable and extremely aggressive.  The arrogance is stunning but so was Leonard Cohen's - when he took the witness stand and perjured himself.  He lied about the IRS and his arrogance is without bounds.  He also happens to have powerful allies in Los Angeles - the City Attorney who an investigator just referred to as Mike Nifong and the District Attorney. 

The situation here is ugly and appalling.  The fact that the taxpayers are footing the bill with respect to this type of terrorism is shocking.  Clearly, the City Attorney of Los Angeles should be investigated for the situation involving Leonard Cohen and they absolutely attempted to sabotage the IRS.  Just read the transcript, if you can tolerate the fraud, lies, perjury, and concealment.

All the best,
Kelley


---------- Forwarded message ----------
From: The-14th Sheepdog <thexivthsheepdog@gmail.com>
Date: Sat, May 4, 2013 at 6:16 PM
Subject: Re:
To: Kelley Lynch <kelley.lynch.2010@gmail.com>


Speaking truth and logic to you is like throwing holly wateR on a vampire. But its about time somebody did.

This dangerously unstable lunatic is not speaking to me but is engaged in ongoing criminal harassment and is clearly amused and enjoys targeting me for Leonard Cohen, the City Attorney of Los Angeles, and the District Attorney.  A trifecta of corruption from my perspective.  

Kelley's Email To The FBI Re. The Ongoing Criminal Harassment Over Leonard Cohen's Tax Fraud, The Appeal, Writ, Oral Arguments, The City Attorney of Los Angles, Etc.


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 6:15 PM
Subject: Re: The Whore Liars OF Ft. Liquordale ... Drugs, etc.
To: Washington Field <washington.field@ic.fbi.gov>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>


To the FBI,

The aggressive criminal harassment with respect to my appeal, writ, oral arguments, etc. continues.  Francisco Suarez was clear, in writing, that he views my trial as an IRS matter that relates to Cohen's tax fraud and he believes it demands an investigation.  I agree.  One of my public defenders advised me that he felt the City Attorney attempted to sabotage the IRS and also noted that the DA had an investigator in the courtroom (while Cohen testified about Phil Spector and a gun) because they do not want the Phil Spector verdict overturned.  Whoever is writing me is attempting to defend the City Attorney's actions.  That is overwhelmingly obvious.  Unfortunately, they are indefensible and the lies about me and the IRS are on the record - including those uttered by prosecutor Sandra Jo Streeter. 

I think the Appellate Division should have abandoned my appeal and the ongoing criminal supports my position.

It's interesting that no one laughs lying fraud prosecutors who lie to jurors, conceal evidence and information from jurors, convict innocent people, etc. out of court.  Who cares what kind of credibility you have at LA Superior Court?  They participate in the conviction of innocent people.  It is they who have no credibility and that's before you get into their incompetence, waste of taxpayer dollars ($1.9 billion for a failed computer system), etc.  It shocks the conscience.
This individual - who has declared itself to be Spector prosecutor Alan Jackson - has been advised to cease and desist.

All the best,
Kelley



On Sat, May 4, 2013 at 5:20 PM, <thexivthsheepdog@gmail.com> wrote:

You have involved THE WORLD in your appellate arguments and other sordid affairs by copying us and the media with thousands of emails and by publicly positing every ridiculous argument, position, development and emails related thereto - even live blogging while you were on hold with the IRS, City Attorney, Canadian Government etc.

I have not invited criminal harassment and have advised this dangerously unstable lunatic to cease and desist.  That's correct - I was live blogging while on hold with the IRS (re. Cohen's fraudulent refund and illegal K-1s), Canada Revenue (re. Cohen's residence/tax issues in Canada) but NOT the City Attorney whose conduct is appalling. 

So its a little too late for the "golly gee its none of your business and why are you even writing" me routine.

And no, we shall do as we please.

This individual belongs in prison.

We, unlike you, have no arrest record, have never been convicted of a crime, are not the subject of an injunction, are not on probation and have never been taken to the nut house in cuffs or a straight jacket.
Yes, Leonard Cohen's criminal tax fraud is egregious - as is his theft - so the lengths he's gone to target me are extreme and then there's the role of the Los Angeles District Attorney, City Attorney, and law enforcement.  The only individuals who belong in straight jackets and criminal insane asylums are those targeting me over Leonard Cohen's tax fraud and Phil Spector's matter.

We are free to do as we please. You are not.
I see.
 
If you don't like it, too bad.

Famous last words by one arrogant, aggressive maniac with MOTIVE.
Sent from my Verizon Wireless BlackBerry

From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, 4 May 2013 16:53:48 -0700
Subject: Re: The Whore Liars OF Ft. Liquordale ... Drugs, etc.

I am, once again, advising you to cease and desist.  My appeal, Writ, oral arguments, and lawsuit against Leonard Cohen do not involve you apart from the fact that you appear to be his advocate and have involved yourself in IRS matters related to Leonard Cohen.  If you're Alan Jackson - as you have written me - then forward your criminal harassment with respect to Phil Spector to his appellate attorneys or Phil Spector directly.

CEASE AND DESIST.

Kelley Lynch

Kelley's Email To The Department Of Justice Re. The City Attorneys Pattern & Practice Of Targeting Innocent Individuals


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 6:02 PM
Subject: Re: Leonard Cohen, Oral Arguments, Restraining Order Terrorism & A Pattern Of Conduct With The City Attorney's Office, Celebrity Justice, etc.
To: "Francisco.A.Suarez" <Francisco.A.Suarez@verizon.net>, Dennis <Dennis@riordan-horgan.com>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>


To the DOJ,

This is obviously a very serious pattern and practice on the part of many parties in Los Angeles - that would include the City Attorney, prosecutors, and LA Superior Court.  Coyote Shivers is not the only victim of these abusive tactics - used for celebrities who are facing potential civil litigation, possible criminal prosecutions (Leonard Cohen's tax fraud), etc.  Leonard Cohen's victim impact statement - glorifying the judge, prosecutor, and law enforcement - was pathetic, embarrassing, shameless, and contained lies about not only myself but the IRS.  The situation with the City Attorney is deeply disturbing.  I have never seen anything like Sandra Jo Streeter in my life but Susan Schmitter, whining about budgets, continued to lie in the Respondent's Brief. 

The waste of taxpayer dollars - over celebrities - is shockingly unconscionable.  It clearly demands an investigation and probable prosecutions.  Part of the problem with Los Angeles - no one is ever held accountable for their actions.
In any event, I am reviewing evidence for my attorney and the criminal harassment over Leonard Cohen, the IRS, my appeal-writ-oral arguments, and Phil Spector continues.  The issues raised in LA with respect to freedom of speech are mind boggling.  Coyote Shivers cannot make a comment on FB about being falsely accused?  My God - the restraining order is not even permanent.  LA's dirty little secrets are now out of the bag. 

All the best,
Kelley

Restraining order terrorism: the circus continues



Pauley Perrette
May 2, 2013  

The saga continues of the case of the People vs. Francis “Coyote” Shivers, on his recent conviction for violating a restraining order obtained or procured by his ex-wife, “NCIS” actress Pauley Perrette.  Shivers was convicted of calling her his “false accuser” on Facebook, which the evidence clearly demonstrates she is, and for using his cell phone to record a confrontation with her boyfriend which the record also proves he did not provoke.

Some of the latest developments can be now put into the “circus” category, and some others can be described as fair and logical.

Mr. Shivers originally was scheduled to be sentenced on April 24 at the Airport Branch of the Los Angeles County Superior Court, in the courtroom of Judge Kathryn Solorzano. Sentencing has been rescheduled for May 31, so we will not know until that time what his punishment will be.

There may not even be a sentencing as Mr. Shiver’s legal counsel, Anthony Brooklier, a temporary replacement for Shivers’ attorney of record, announced his intention to petition for a retrial.

According to the court, the required paperwork has to be submitted by May 8.  When that request will be addressed is anybody’s guess, but requests for retrials are routine in L.A. County Courts.  The reasons for the request for a retrial are not known, but I’m sure we will find out soon enough.


The most obvious possibility is of course that the prosecution of Shivers is just another typical false allegation scenario (which the record in this case bears out) that has resulted in the issuance of a bogus restraining order on behalf of an emotionally disturbed and vindictive plaintiff, in this case Pauley Perrette.

Perrette has been further facilitated by a legal system that rubber stamps restraining orders and a city attorney suffering from “Mike Nifong” syndrome. It has escalated into a legal apocalypse for Shivers by public servants who drool over the opportunity to rub elbows with “Hollywood A-Lister’s” and the potential for six figure retirement jobs.

Pardon me for calling it like it is.  If you don’t believe or understand it, take a few moments and review recent Los Angeles history.  Have I said anything that a bunch of people don’t already know?

From our courtroom sources, it appears that Judge Solorzano exercised a level of fairness in the proceedings with no display of bias or favoritism towards one side or the other.  That is of course a good thing as that is what a judge is supposed to do; to judge fairly and competently, relying on facts and evidence, not on conjecture, rumor, or speculation, and not for the opportunity to have a “Dancing Ito” moment.

The circus components came in the form of Ms. Perrette offering her victim impact statement, and the dozen or so of her entourage that included various attorneys, assistants, hangers-on, groupies, yes men, yes women; various Hollywood losers; essentially a combination of all of the above, all there to lend credence to Perrette’s over the top dramatics. Really?  Does anyone, with more than five grams of functioning brain matter think this is just a bit odd?  What every day individual has the financial resources to employ an entourage of obsequious maladroits?

Perrette is permitted by law to make a victim impact statement, and she also has the right to free speech, just as anyone else does.  What is peculiar here is that she offered this statement even though it had already been decided that Mr. Shivers sentencing had been continued to a later date.  Apparently, this was facilitated by the prosecutor, Los Angeles Deputy City Attorney Elizabeth Gertz.

Since I am unaware of her reasons for doing this at the time, I won’t speculate or guess as to her motives.  I can only say that in my experience, statements from victims are usually done at the time of sentencing.  Was this another in a long list of special considerations afforded to celebrity individuals in our criminal justice system?  I won’t offer an opinion; I will let the individual reader make up their own mind.

The more clownish part of the circus act came from the mouth of Perrette herself. From what witnesses have reported, Perrette went into a rambling and convoluted diatribe that continually deviated from the purpose describing victim impact to the court. Once the transcripts and her written statement entered in the record become available, it will be presented here at AVFM in its entirety.

Apparently there was some attempt by a member or members of her entourage, possibly a member of her legal team, to enter into the record the declarations of others, slamming Mr. Shivers. This was denied by Judge Solorzano as irrelevant.  In this situation, Solorzano was not only correct but exercised some common sense; something that has been sorely missing in this circus to date.

I have seen these types of convoluted, confusing, even delusional victim impact statements before. It is perfectly legal though pretty embarrassing. I can just imagine the eyes rolling and cringing on the part of some in her personally employed cadre and the concern they must have shared as she turned her victim’s impact statement into a scene from a B-movie.

I make a reference now to the recent bombing in Boston, though by no means does this compare to what those unfortunate victims, their families, and the heroic first responders and public safety personnel experienced.

Since that tragedy, however, there have been a host of experts offering their opinions on understanding the nature of that tragedy and the mentality of people that could do something so horrific. One of the opinions I heard offered, and I’m paraphrasing here, was this:
“If you want to get into the mind of a terrorist, all you need to do is listen to his words.”
That is assuming, of course, that the terrorist is male, which would be a bad assumption if you were talking about those that use restraining orders to terrorize.

This is how it works the criminal justice system. It can apply to defendants, victims, prosecutors, law enforcement, or even judges. The words of Pauley Perrette speak volumes as to what is going on inside that head.

AVFM Contributing writer, Clinical Psychologist, Dr. Tara Palmatier, in her article on this case (an assessment of the psychological profile of false accusers), and the information in her article and her professional opinion have come full circle.  We have all seen this many times before. This is not our first rodeo.

The point here that is the bigger issue is not to focus on Pauley Perrette.  I think she has already confirmed by her own behavior and words that something is not quite right upstairs.  Who knows, maybe the target of her next restraining order will be the aliens who crash-landed at Roswell.

Or Elvis.

The bigger and more important issue is the law enforcement, prosecutorial, and judicial officials who bought into this nonsense, and then who took it upon themselves to skew and spin the information and facts to accommodate the wishes and desires of a clearly disingenuous individual, because of her celebrity status coupled with the mindset to discriminate based on sex.

We can, and must, deal with the facts and evidence in this case, and rely on professional experience to form a logical, and common sense assessment of what has actually occurred.


Unfortunately, the fact is that this case reflects the severe misuse, abuse, and manipulation of the restraining order system in this country.  It happens in every city, county and state.  It is also a fact that there are virtually no sanctions against false accusers, no contempt or perjury sanctions, or any other criminal penalties when lies have been discovered.  From a practical and tactical perspective, there is simply no downside to lying to a judge to get and use a restraining order as a weapon, something Pauley Perrette is documented to be quite knowledgeable about.

What is fact is the inherent and foundational mindset that is pervasive in these types of scenarios, of man-bad / woman-victim.  This predisposed mindset is rampant in the very institutions where it should be strictly verboten; our criminal justice system.

I take a very realistic view of the various components of the criminal justice system, and provide those components with a benefit of a doubt, taking into consideration the stresses that are involved, the tragedy that is encountered, and the realization that sometimes professionals working within the system sometimes do make mistakes.

On the flip side of the coin, I will be first to speak out when a component of this system conducts themselves with self-serving interests, biases, prejudices, poor judgment, or outright corruption; when the public trust has been violated.

The professionals of the criminal justice system are servants of the public, all of the public, not just those of a certain social or economic status.  Public servants are beholden to the public trust and are duty bound by oath to protect Constitutional rights and due process.  When those clear and district lines become blurred, the public is placed at risk, and thus entitled to an explanation. Those who violate that oath must be removed from those positions of authority and decision making.

In this case, it has been discovered and is explicitly clear and can be proven that at least one member of the state bar who is part of this case has not acted in accordance with the California State Bar and American Bar Association, Rules of Professional Conduct.

The information as it currently exists supports the filing of a complaint and the sustaining of the imposition of sanctions with the appropriate oversight body.

What is required here is the system correcting and policing itself.  The American Bar Association Rules of Professional Conduct; Rule 8.3 (a) states:
“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”
So the question of the day is who will step up to the plate?

Let’s take a look at a couple of examples of the lunacy of the current restraining order system in this country.  One is funny and the other will make you mad.

In 2005, New Mexico Judge Daniel Sanchez signed a request for a temporary restraining order written by 
Colleen Nestler.  In her handwritten petition, Nestler asked for a restraining order against TV Talk Show Host David Letterman, claiming that Mr. Letterman was transmitting secret coded words to her indicating his desire to marry her among other bizarre claims.  Judge Sanchez signed the order and defended his actions stating that Nestler had filled out the form correctly.  When asked later if he had done anything wrong, Sanchez claimed that he did not.

Really?

In April of 2012, Foxborough Massachusetts volunteer Firefighter Dan Iagatta passed away as a result of serious injuries sustained while training for a triathlon, after being struck by a motorist.  Dan, a loving father of two, a businessman, and active and popular member of his community had a restraining order served on him that was signed by Judge Beverly Boorstein.  This occurred a couple of months after his accident which had left him in a wheelchair and a quadriplegic with just enough movement in one arm to operate a motorized wheelchair.  The restraining order petition by his wife, after she filed for divorce, claimed that she was, “afraid.”

Exactly what Mrs. Iagatta was afraid of, I don’t know, but it was argued and ignored that Dan Iagatta could not move without help and had to make costly modifications to his childhood home to accommodate his complete disability status.  What was Dan going to do, chase his wife at 1 MPH and terrorize her in his motorized wheel chair?

It gets worse; this wonderful compassionate; Judge Boorstein then later ordered the sale of Dan’s childhood home, with all of modifications to accommodate his disability supplied by friends and family, to pay off his wife’s lawyers.  Dan was evicted and literally wheeled out to the curb like trash.  The wonderful compassionate Judge Boorstein retired shortly thereafter when private investigators had her on videotape doing personal errands and shopping at malls during work hours.  She now operates some type of consulting business while receiving a lucrative public employee retirement.  Why this woman is not turning big rocks into little rocks in some god awful rat infested federal penitentiary someplace is beyond me.

This is how bad this restraining order system has become. It makes Pauley Perrette look like a minor issue. Well, unless you are Francis Shivers, facing time in jail.

The sad and tragic thing is that these are really not unusual examples.  They are the rule rather than the exception.  Not everybody has the financial resources of David Letterman to make these things go away, nor do these cases, with the exception of a handful, make any kind of news.

We are posed with several opportunities here.  The first is that this case should be a wake-up call to those in positions of authority and decision making. After years and years of hearing the same thing, they need to take the responsibility upon themselves to institute changes.

Why is it always left to the advocacy groups, the victims groups, the Constitutional rights groups, the due process groups to do the research, to produce the facts, to suggest legislative changes, to correct a process which contains the most egregious violations of civil, Constitutional, and due process rights in this country’s history since Jim Crow?  Why do our public servants have to be embarrassed and humiliated into doing the right thing before they act?  Why do people have to file all kinds of complaints and lawsuits to get officials to admit their mistakes, and to get the oversight bodies to do their jobs?  Let’s get real folks; does it take a rock to fall on someone’s head?

This case presents a host of opportunities.  This example is so blatant, so obvious, and so egregious that the blame of this must fall upon the shoulders of those in positions of authority and decision making.  In the case of those who are in the service of the public, we need to remove those individuals from those positions and to impose strict and severe sanctions as required to send a message that this type of buffoonery and corruption is not acceptable.

An opportunity exists to undo a wrong to a man whose only crime appears to be his big mouth and poor taste in women; and to give a sense of blind justice to the tens of thousands of others similarly affected.
The issue in this case is not Pauley Perrette and her telepathic communications with space aliens; the issue is the persons and institutions that allow for, encourage, and facilitate these kinds of injustices in the first place.  They should and do know better, and if they don’t, then they can go flip burgers.

Everyone who has done work on this case from A Voice for Men and the other groups are watching this case. A host of folks are using their knowledge and expertise to dissect every dotted I and every crossed T, are on the job. And wouldn’t you know, lots of really bad mistakes have been revealed.

Hubris happens, especially when no one looks over your shoulder and checks your work, and no one calls you on the carpet for your misdeeds. That sort of neglect is like laying a magnet beside your ethical compass.  You get sloppy, just like plumbers, or building contractors, auto mechanics, and even judges. Boorstein, who I am sure never imagined that she would be videotaped on a work day shopping spree at Saks, is living proof.

So let’s see what will happen here.  I have already pointed out the responsibility of those members of the state bar to report misconduct among their ranks.  I guess if they don’t they will be in the same position as at least one, and possibly more, who are already in violation.

For Mr. Shiver’s, let’s hope that he will be granted a retrial, and that the criminal justice system will work as it is supposed to.

For Ms. Perrette who is nothing more than a prop in this circus; well, I guess the only logical thing that can be said is that all of that money she spent on lawyers, flunkies, losers, and groupies would have been better spent on psychiatrists, psychologists, neurologists, brain scans, and maybe a voodoo priest thrown in for good measure.  (I wonder if that toy doll and pin thing actually works?)

For those dedicated professionals investigating and reporting on this circus as well as those commenting; thanks are given for the right to free speech.

I am proud and honored to be in the association and company of all of these honorable and dedicated folks who are trying to make a difference in a system that is completely broken and needs to be fixed.

I am going to throw in a Hollywood reference of my own that symbolizes the determination and dedication of those fighting the good fight.  I’ll use a line from the movie Tombstone, when Kurt Russell as Wyatt Earp tells Ike Clanton at the train station right after he smokes his pal,

“You tell ‘em I’m coming, and Hell’s coming with me. You hear?! Hell’s coming with me!”

Stay tuned, we’re just getting warmed up.

Written by Michael Conzachi

http://www.avoiceformen.com/mens-rights/family-courts/restraining-order-terrorism-the-circus-continues/

Leonard Cohen, Oral Arguments, Restraining Order Terrorism & A Pattern Of Conduct With The City Attorney's Office, Celebrity Justice, Criminal Harassment, Etc.


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sat, May 4, 2013 at 5:39 PM
Subject: Leonard Cohen, Oral Arguments, Restraining Order Terrorism & A Pattern Of Conduct With The City Attorney's Office, Celebrity Justice, etc.
To: "Francisco.A.Suarez" <Francisco.A.Suarez@verizon.net>, Dennis <Dennis@riordan-horgan.com>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>


Francisco,

Would you please take a look at this article - link below.  Coyote Shivers is also dealing with restraining order terrorism, a celebrity, the City Attorney, false allegations, perjury, etc.  This investigator has referred to the LA City Attorney as DA Mike Nifong who helped set up innocent people.  It is an entirely serous matter and may explain why Los Angeles County and City are monitoring my Blog.  There are also very serious issues in my matter with respect to freedom of speech and due process.
I think other issues (apart from the fact that i would like you to reiterate to the appellate division my desire to abandon this appeal that has now exposed me to stark raving lunatics who criminally harass me daily and, I might note, Gianelli frequently wrote me criminally harassing me with prosecutor Sandra Jo Streeter - and on one occasion Cohen's lawyer - copied in):  I wasn't served or notified of Cohen's California order; we weren't in a dating relationship which is a requirement re. the DMV statute; these restraining orders are abused; Leonard Cohen has concealed evidence from LA Superior court re. my ownership interest in two corporations he included in his default judgment; I own 15% of all his intellectual property; and false and perjured statements and testimony are not evidence of a reliable trial record.
The abusive situation with celebrities and this justice system in Los Angeles is totally out of control and the City Attorney seems to have no qualms - whatsoever - abusing taxpayer dollars to convict innocent people and, in my case, attempt to sabotage the IRS while presenting testimony about Phil Spector gun stories in my intent to annoy Cohen Stalinesque Show Trial which merely proved what I have said all along - Leonard Cohen lies about Phil Spector.  The City Attorney should have prosecuted him for perjury but instead they concealed further evidence of perjury, etc. 
Let's talk on Monday.  I continue to forward Gianelli, the 14th Sheepdog, and Cohen's fan Susanne Walsh's emails criminally harassing me to the FBI.  Evidently Spector prosecutor Alan Jackson - per an email I recently received - is affiliated with the 14th Sheepdog, a human being impersonating a dog who is absolutely obsessed with my appeal, writ, oral arguments, Leonard Cohen's tax fraud and theft, Phil Spector, etc.  The individual is a dangerously unstable stark raving lunatic.  I too feel as though I've run into escapees from Roswell.
For the record, Leonard Cohen's Victim Impact statement was one long lie and utterly shameless and embarrassing.  He is so narcissistic he feels absolutely comfortable lying about the IRS after defrauding the U.S. government of millions of dollars.  That is most definitely my opinion.  And then there's the California Franchise Tax Board.  Keep in mind that Streeter's argument was novel - no one knows the difference between the IRS and FTB.  Of course, in reality that is absurd as people must pay federal and state taxes.  Streeter clearly thinks that is not the case with respect to Leonard Cohen.  The City Attorney also seems to think that the Los Angeles taxpayer should foot the bill for Cohen's ongoing unconscionable tactics that relate directly to his tax fraud, theft from me, and his own wrongdoing. 
I think this investigator has really nailed the dark and ugly side of Los Angeles politics and this corrupt system.

All the best,
Kelley

The most obvious possibility is of course that the prosecution of Shivers is just another typical false allegation scenario (which the record in this case bears out) that has resulted in the issuance of a bogus restraining order on behalf of an emotionally disturbed and vindictive plaintiff, in this case Pauley Perrette.
 
Perrette has been further facilitated by a legal system that rubber stamps restraining orders and a city attorney suffering from “Mike Nifong” syndrome. It has escalated into a legal apocalypse for Shivers by public servants who drool over the opportunity to rub elbows with “Hollywood A-Lister’s” and the potential for six figure retirement jobs

I have seen these types of convoluted, confusing, even delusional victim impact statements before.

Who knows, maybe the target of her next restraining order will be the aliens who crash-landed at Roswell.

Unfortunately, the fact is that this case reflects the severe misuse, abuse, and manipulation of the restraining order system in this country.  It happens in every city, county and state.  It is also a fact that there are virtually no sanctions against false accusers, no contempt or perjury sanctions, or any other criminal penalties when lies have been discovered.  From a practical and tactical perspective, there is simply no downside to lying to a judge to get and use a restraining order as a weapon, something Pauley Perrette is documented to be quite knowledgeable about.

http://www.avoiceformen.com/mens-rights/family-courts/restraining-order-terrorism-the-circus-continues/

Los Angeles City Attorney, LA Superior Court, Celebrities With Revenge Fantasies, & Terrorist Restraining Orders: The Circus Does Indeed Continue



Restraining order terrorism: the circus continues



Pauley Perrette

The saga continues of the case of the People vs. Francis “Coyote” Shivers, on his recent conviction for violating a restraining order obtained or procured by his ex-wife, “NCIS” actress Pauley Perrette.  Shivers was convicted of calling her his “false accuser” on Facebook, which the evidence clearly demonstrates she is, and for using his cell phone to record a confrontation with her boyfriend which the record also proves he did not provoke.

Some of the latest developments can be now put into the “circus” category, and some others can be described as fair and logical.

Mr. Shivers originally was scheduled to be sentenced on April 24 at the Airport Branch of the Los Angeles County Superior Court, in the courtroom of Judge Kathryn Solorzano. Sentencing has been rescheduled for May 31, so we will not know until that time what his punishment will be.

There may not even be a sentencing as Mr. Shiver’s legal counsel, Anthony Brooklier, a temporary replacement for Shivers’ attorney of record, announced his intention to petition for a retrial.

According to the court, the required paperwork has to be submitted by May 8.  When that request will be addressed is anybody’s guess, but requests for retrials are routine in L.A. County Courts.  The reasons for the request for a retrial are not known, but I’m sure we will find out soon enough.

The most obvious possibility is of course that the prosecution of Shivers is just another typical false allegation scenario (which the record in this case bears out) that has resulted in the issuance of a bogus restraining order on behalf of an emotionally disturbed and vindictive plaintiff, in this case Pauley Perrette.

Perrette has been further facilitated by a legal system that rubber stamps restraining orders and a city attorney suffering from “Mike Nifong” syndrome. It has escalated into a legal apocalypse for Shivers by public servants who drool over the opportunity to rub elbows with “Hollywood A-Lister’s” and the potential for six figure retirement jobs.

Pardon me for calling it like it is.  If you don’t believe or understand it, take a few moments and review recent Los Angeles history.  Have I said anything that a bunch of people don’t already know?

From our courtroom sources, it appears that Judge Solorzano exercised a level of fairness in the proceedings with no display of bias or favoritism towards one side or the other.  That is of course a good thing as that is what a judge is supposed to do; to judge fairly and competently, relying on facts and evidence, not on conjecture, rumor, or speculation, and not for the opportunity to have a “Dancing Ito” moment.

The circus components came in the form of Ms. Perrette offering her victim impact statement, and the dozen or so of her entourage that included various attorneys, assistants, hangers-on, groupies, yes men, yes women; various Hollywood losers; essentially a combination of all of the above, all there to lend credence to Perrette’s over the top dramatics. Really?  Does anyone, with more than five grams of functioning brain matter think this is just a bit odd?  What every day individual has the financial resources to employ an entourage of obsequious maladroits?

Perrette is permitted by law to make a victim impact statement, and she also has the right to free speech, just as anyone else does.  What is peculiar here is that she offered this statement even though it had already been decided that Mr. Shivers sentencing had been continued to a later date.  Apparently, this was facilitated by the prosecutor, Los Angeles Deputy City Attorney Elizabeth Gertz.

Since I am unaware of her reasons for doing this at the time, I won’t speculate or guess as to her motives.  I can only say that in my experience, statements from victims are usually done at the time of sentencing.  Was this another in a long list of special considerations afforded to celebrity individuals in our criminal justice system?  I won’t offer an opinion; I will let the individual reader make up their own mind.

The more clownish part of the circus act came from the mouth of Perrette herself. From what witnesses have reported, Perrette went into a rambling and convoluted diatribe that continually deviated from the purpose describing victim impact to the court. Once the transcripts and her written statement entered in the record become available, it will be presented here at AVFM in its entirety.

Apparently there was some attempt by a member or members of her entourage, possibly a member of her legal team, to enter into the record the declarations of others, slamming Mr. Shivers. This was denied by Judge Solorzano as irrelevant.  In this situation, Solorzano was not only correct but exercised some common sense; something that has been sorely missing in this circus to date.

I have seen these types of convoluted, confusing, even delusional victim impact statements before. It is perfectly legal though pretty embarrassing. I can just imagine the eyes rolling and cringing on the part of some in her personally employed cadre and the concern they must have shared as she turned her victim’s impact statement into a scene from a B-movie.

I make a reference now to the recent bombing in Boston, though by no means does this compare to what those unfortunate victims, their families, and the heroic first responders and public safety personnel experienced.

Since that tragedy, however, there have been a host of experts offering their opinions on understanding the nature of that tragedy and the mentality of people that could do something so horrific. One of the opinions I heard offered, and I’m paraphrasing here, was this:
“If you want to get into the mind of a terrorist, all you need to do is listen to his words.”
That is assuming, of course, that the terrorist is male, which would be a bad assumption if you were talking about those that use restraining orders to terrorize.

This is how it works the criminal justice system. It can apply to defendants, victims, prosecutors, law enforcement, or even judges. The words of Pauley Perrette speak volumes as to what is going on inside that head.

AVFM Contributing writer, Clinical Psychologist, Dr. Tara Palmatier, in her article on this case (an assessment of the psychological profile of false accusers), and the information in her article and her professional opinion have come full circle.  We have all seen this many times before. This is not our first rodeo.

The point here that is the bigger issue is not to focus on Pauley Perrette.  I think she has already confirmed by her own behavior and words that something is not quite right upstairs.  Who knows, maybe the target of her next restraining order will be the aliens who crash-landed at Roswell.

Or Elvis.

The bigger and more important issue is the law enforcement, prosecutorial, and judicial officials who bought into this nonsense, and then who took it upon themselves to skew and spin the information and facts to accommodate the wishes and desires of a clearly disingenuous individual, because of her celebrity status coupled with the mindset to discriminate based on sex.

We can, and must, deal with the facts and evidence in this case, and rely on professional experience to form a logical, and common sense assessment of what has actually occurred.

Unfortunately, the fact is that this case reflects the severe misuse, abuse, and manipulation of the restraining order system in this country.  It happens in every city, county and state.  It is also a fact that there are virtually no sanctions against false accusers, no contempt or perjury sanctions, or any other criminal penalties when lies have been discovered.  From a practical and tactical perspective, there is simply no downside to lying to a judge to get and use a restraining order as a weapon, something Pauley Perrette is documented to be quite knowledgeable about.

What is fact is the inherent and foundational mindset that is pervasive in these types of scenarios, of man-bad / woman-victim.  This predisposed mindset is rampant in the very institutions where it should be strictly verboten; our criminal justice system.

I take a very realistic view of the various components of the criminal justice system, and provide those components with a benefit of a doubt, taking into consideration the stresses that are involved, the tragedy that is encountered, and the realization that sometimes professionals working within the system sometimes do make mistakes.

On the flip side of the coin, I will be first to speak out when a component of this system conducts themselves with self-serving interests, biases, prejudices, poor judgment, or outright corruption; when the public trust has been violated.

The professionals of the criminal justice system are servants of the public, all of the public, not just those of a certain social or economic status.  Public servants are beholden to the public trust and are duty bound by oath to protect Constitutional rights and due process.  When those clear and district lines become blurred, the public is placed at risk, and thus entitled to an explanation. Those who violate that oath must be removed from those positions of authority and decision making.

In this case, it has been discovered and is explicitly clear and can be proven that at least one member of the state bar who is part of this case has not acted in accordance with the California State Bar and American Bar Association, Rules of Professional Conduct.

The information as it currently exists supports the filing of a complaint and the sustaining of the imposition of sanctions with the appropriate oversight body.

What is required here is the system correcting and policing itself.  The American Bar Association Rules of Professional Conduct; Rule 8.3 (a) states:
“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”
So the question of the day is who will step up to the plate?

Let’s take a look at a couple of examples of the lunacy of the current restraining order system in this country.  One is funny and the other will make you mad.

In 2005, New Mexico Judge Daniel Sanchez signed a request for a temporary restraining order written by 
Colleen Nestler.  In her handwritten petition, Nestler asked for a restraining order against TV Talk Show Host David Letterman, claiming that Mr. Letterman was transmitting secret coded words to her indicating his desire to marry her among other bizarre claims.  Judge Sanchez signed the order and defended his actions stating that Nestler had filled out the form correctly.  When asked later if he had done anything wrong, Sanchez claimed that he did not.

Really?

In April of 2012, Foxborough Massachusetts volunteer Firefighter Dan Iagatta passed away as a result of serious injuries sustained while training for a triathlon, after being struck by a motorist.  Dan, a loving father of two, a businessman, and active and popular member of his community had a restraining order served on him that was signed by Judge Beverly Boorstein.  This occurred a couple of months after his accident which had left him in a wheelchair and a quadriplegic with just enough movement in one arm to operate a motorized wheelchair.  The restraining order petition by his wife, after she filed for divorce, claimed that she was, “afraid.”

Exactly what Mrs. Iagatta was afraid of, I don’t know, but it was argued and ignored that Dan Iagatta could not move without help and had to make costly modifications to his childhood home to accommodate his complete disability status.  What was Dan going to do, chase his wife at 1 MPH and terrorize her in his motorized wheel chair?

It gets worse; this wonderful compassionate; Judge Boorstein then later ordered the sale of Dan’s childhood home, with all of modifications to accommodate his disability supplied by friends and family, to pay off his wife’s lawyers.  Dan was evicted and literally wheeled out to the curb like trash.  The wonderful compassionate Judge Boorstein retired shortly thereafter when private investigators had her on videotape doing personal errands and shopping at malls during work hours.  She now operates some type of consulting business while receiving a lucrative public employee retirement.  Why this woman is not turning big rocks into little rocks in some god awful rat infested federal penitentiary someplace is beyond me.

This is how bad this restraining order system has become. It makes Pauley Perrette look like a minor issue. Well, unless you are Francis Shivers, facing time in jail.

The sad and tragic thing is that these are really not unusual examples.  They are the rule rather than the exception.  Not everybody has the financial resources of David Letterman to make these things go away, nor do these cases, with the exception of a handful, make any kind of news.

We are posed with several opportunities here.  The first is that this case should be a wake-up call to those in positions of authority and decision making. After years and years of hearing the same thing, they need to take the responsibility upon themselves to institute changes.

Why is it always left to the advocacy groups, the victims groups, the Constitutional rights groups, the due process groups to do the research, to produce the facts, to suggest legislative changes, to correct a process which contains the most egregious violations of civil, Constitutional, and due process rights in this country’s history since Jim Crow?  Why do our public servants have to be embarrassed and humiliated into doing the right thing before they act?  Why do people have to file all kinds of complaints and lawsuits to get officials to admit their mistakes, and to get the oversight bodies to do their jobs?  Let’s get real folks; does it take a rock to fall on someone’s head?

This case presents a host of opportunities.  This example is so blatant, so obvious, and so egregious that the blame of this must fall upon the shoulders of those in positions of authority and decision making.  In the case of those who are in the service of the public, we need to remove those individuals from those positions and to impose strict and severe sanctions as required to send a message that this type of buffoonery and corruption is not acceptable.

An opportunity exists to undo a wrong to a man whose only crime appears to be his big mouth and poor taste in women; and to give a sense of blind justice to the tens of thousands of others similarly affected.
The issue in this case is not Pauley Perrette and her telepathic communications with space aliens; the issue is the persons and institutions that allow for, encourage, and facilitate these kinds of injustices in the first place.  They should and do know better, and if they don’t, then they can go flip burgers.

Everyone who has done work on this case from A Voice for Men and the other groups are watching this case. A host of folks are using their knowledge and expertise to dissect every dotted I and every crossed T, are on the job. And wouldn’t you know, lots of really bad mistakes have been revealed.

Hubris happens, especially when no one looks over your shoulder and checks your work, and no one calls you on the carpet for your misdeeds. That sort of neglect is like laying a magnet beside your ethical compass.  You get sloppy, just like plumbers, or building contractors, auto mechanics, and even judges. Boorstein, who I am sure never imagined that she would be videotaped on a work day shopping spree at Saks, is living proof.

So let’s see what will happen here.  I have already pointed out the responsibility of those members of the state bar to report misconduct among their ranks.  I guess if they don’t they will be in the same position as at least one, and possibly more, who are already in violation.

For Mr. Shiver’s, let’s hope that he will be granted a retrial, and that the criminal justice system will work as it is supposed to.

For Ms. Perrette who is nothing more than a prop in this circus; well, I guess the only logical thing that can be said is that all of that money she spent on lawyers, flunkies, losers, and groupies would have been better spent on psychiatrists, psychologists, neurologists, brain scans, and maybe a voodoo priest thrown in for good measure.  (I wonder if that toy doll and pin thing actually works?)

For those dedicated professionals investigating and reporting on this circus as well as those commenting; thanks are given for the right to free speech.

I am proud and honored to be in the association and company of all of these honorable and dedicated folks who are trying to make a difference in a system that is completely broken and needs to be fixed.

I am going to throw in a Hollywood reference of my own that symbolizes the determination and dedication of those fighting the good fight.  I’ll use a line from the movie Tombstone, when Kurt Russell as Wyatt Earp tells Ike Clanton at the train station right after he smokes his pal,

“You tell ‘em I’m coming, and Hell’s coming with me. You hear?! Hell’s coming with me!”

Stay tuned, we’re just getting warmed up.

Written by Michael Conzachi

http://www.avoiceformen.com/mens-rights/family-courts/restraining-order-terrorism-the-circus-continues/