TELLING WHERE THE MONEY WENT

Lawyering is an extremely boring profession, possibly made deliberately so.; Even when Hollywood dresses it up for TV propaganda purposes, I certainly can't stomach watching it. Finagling endlessly over an apparently innocuous turn of phrase is true lawyering, and this is what makes it so mind-numbing., Take my own case: the cops and prosecutors were able to simply steal and destroy nine separate samples of the killer's blood, along with at least 21 of his fingerprints, then cunningly lie about it in court, causing a judge to approve it and a jury of twelve meatheads to confirm their fraud with unanimous guilty votes.

Most of my thousands of regular readers already know in detail how this .. happened and who did it. Most don't yet know, however, the extreme depth of pettiness that some judges and lower courtcrats will stoop to merely rip a •.. supplicant off of as tiny a sum as five lousy dollars!

Incredible? Unbelievable? Very! Yet I am at a complete loss to explain this phenomenon any other way. Please read this, and, if you come up with ANY alternative explanation, I'd love to hear it.

It began in the prison law library. The most experienced captive there, a career criminal named Melton Petrowski, gave me a form that should not exist. (The first time he did this to me, it was a form that required pay- . ing a notary when a simple declaration of truth and a signature would have sufficed.) Having been burned by this friend before, I was again in too much of a hurry to be wary enough of his tricks. The form, which he, as head of the prison law library, had probably concocted himself, asked the lowest federal court (U.S. Federal District Court for the Northern District of Oklahoma is its full title. We call it, simply, fed north.) for a "Certificate of Appealability". This officious, pompous, legal nonsense is required of every captive who has managed to appeal through all state court levels and at least the lowest federal court. This last step is called a "Habeas Corpus (HC) appeal. Our federal constitutional right to a fair hearing, called "Habeas Corpus", has been stolen by most or all state legislators. They've pulled a switcheroo, illegally overturning the US Constitution by creating bogus state laws that claim to replace Habeas Corpus with "Post Conviction . Relief'- (PCR) appeals. Habeas Corpus still exists on the state level, but , trying to submit one always results in the prosecutor changing the title to PCR, and the judge to always confirm this theft of rights. This is a flagrant theft of rights because the prosecutor/judge team allow themselves to trash almost every PCR effort without ever having to evaluate anything it covers, esGecilly pesky new evidence found to have been concealed, "lost",stolen, destroyed or lied-about-by-cops-and-witnesses-and-prosecutors-in-court in regards to their victim's "fair" trial. The prosecuto/'judge team accomplishes this appeal fraud through use of two legal devices. Fraud one is the excuse. "YOU could have uncovered this concealed evidence 'sooner' had you exercised "due diligence". Since you didn't, we pronounce that you have waived your right to this evidence forever." Fraud two hides behind the latin phrase, "res judicata". This means, "We have previously ruled on your case, and thus we never have to rule on it again." The buffoons who are put on TV to inanely boast of that which they haven't the slightest real experience--"We got the best legal system in da worl"!--need to experience this first-hand and then have their silly faces ground into these facts:

Thanks to another buffoon and his pack of legislative lawyers. (Bill Clinton), captives who are fraudulently abducted into their legal enslavery system now have only one chance to access our Habeas Corpus right. This right to continue to submit Habeas Corpus appeals as the frauds used to obtain conviction uncovered was stolen from every US citizen by passage in 1996 of the anti-terrorism and effective death penalty law. This never should have been allowed to pass because it trumps the Supreme Law of the Land; the United States Constitution. Americans fought and died for this, NOT for any legislative law. No mere congressional law is allowed to trump the US Constitution, but, since we Americans have no Parliament or other organ to protect us from vicious, hereditary-rich politicians, no one outside prison appears to have made this elementary-school conclusion; except maybe rich, influential persons in star chambers where the common man is carefully excluded.

Secret negotiations such as these are responsible for the fact that Habeas Corpus was only stolen from ordinary citizens by legislators in fact, but not in theory. A provision was made to make it appear that the federal constitutional right to continual access to Habeas Corpus rights still exist. Thus the fraud of "Certificate of Appealability" (COA) was concocted. This is where any captive can submit a huge pile of paper full of legal platitudes and eccentricities, asking for a COA and have it promptly refused, often through federal judicial use of state frauds one and two.

It is a common trick of lawyers and legislators to slowly steal citizens' rights by burying those rights under more and more layers of legal (read "bureaucratic") requirements. This same process works in reverse when poli- ticians want to create extra rights for themselves, such as when Sonny Bush and his congressional cronies have done when they bypassed the rubberstamp courts created to make domestic spying by American secret police agencies seem legal. They just toss out edicts attached to rhetoric which uses emotional words like EMERGENCY! SECURITY! ANTI-TERROR! and EXECUTIVE PRIVILEGE! to substitute for the facts. The politicians either assist in selling these obvious frauds to the gullible, apathetic citizens, or they feign mild outrage until their tax-herd is distracted by some other crisis, real, imagined or concocted for this very purpose. Nothing changes except the transfer of more rights to the privileged, parasitic elite at the cost of rights from the producer class; ordinary citizens like you and I who support the elite in their gluttony.

That's the history of this legal fraud: the actual mechanics were this: Petrowski's form was a single page asking the fed north judge for his approval for me to file another HC appeal, due to newly uncovered evidence. (I'd•. uncovered FBI records that prove that the cops and prosecutors deliberately destroyed at least nine separate samples of the killer's blood to prevent me from disproving their false accusations.) One merely fills out the form, giving the reasons why the judge should grant a COA, signs it, attaches exhibits and sends it off.

In reality, nothing at all can be accomplished in the American legal system with only one page. The lawyers have made the simplest thing require an agony of complexity, repetitive detail and excessive attention to confusing, often conflicting, procedures and rules. I knew this, because I'd been forced to appeal for permission to appeal several times as I gradually uncovered, piece by piece, one fraud after another that the cops and prosecutors had used to trick a jury into convicting me. In fact, the tenth circuit court of appeals had cheated me out of several COAS over the years. What really happens when captives appeal for COAS is this: the form is totally ignored and more, very long forms of many pages are sent by the court clerk to the captive for him to fill out, asking for the exact, same thing again.

Expecting this, I filled out the form four times--one for the judge, one for the court clerk, one for the attorney general, and one for me to get stamped "filed" and returned to me in my supplied self-addressed, stamped envelope--and sent them off. What was hazy in my mind from not doing this since the year 2000 was the fact that the fed north court has zero ability to grant any COAs. ALL COAS are the exclusive perview of the US federal APPEALS courts (the "circuit" courts). I realized this too late, and Petrowski told me, "It don't matter--they'll just send you a kit anyway."

Petrowski wasn't going to burn me a third time. I simply wrote the appeals court (tenth circuit, Denver, Colorado), and asked for their forms and instructions on how to effectively ask them for a COA. (Wasting paper, postage, time and effort are the primary products of this "Best Legal System Ever!') I thought nothing more of these wasted efforts with fed north.

Then I got six pages of legal garbage from an anonymous court clerk at fed north. The first page had nothing on it but my name and address. I used it to write a letter on. The other five I have posted below this article, so that you can experience, first-hand, complex legal chicanery. I also got four more pages later, which I'll get to in a few more paragraphs.

(Editor’s note: Pages James refers to in this article are available on request.)

The second page of legal garbage repeats my address, wrongly placing me at Oklahoma State Penitentiary (OSP) in Hominy, Oklahoma. Whichever court clerk did this (she was only brave enough to reveal her initials, PJC), spent more time reading their seven year old record on me than was spent reading the correct, current address on the one-page form I sent. Worse, PJC seems to be very confused about prison life, in which there is zero chance that I could have "... received this document by e-mail." The next page of legal garbage assigns me a legal number. Then it says "ORDER" and begins to puke many partially comprehensible legal phrases. It repeats what I asked for, (Certificate of Appealability) Orders me to do what I've already done, (exhaust state remedies) reminds me that I must use "proper forms" (which I asked for), tells me, in a code that can only be decyphered by looking for them in other books, what I already knew, (that only the Tenth Circuit Court can grant a certificate of appealability), advises me that I would have only 30 days to pay them $5, and warns me that "failure to COMPLY" will get my case DISMISSED "without prejudice" and "without further notice". The final page is almost complete electronic gibberish. It is "signed" by Judge Frizzel, or his rubberstamp equivalent.

What, exactly, makes this cunning concoction of crap "legal garbage"? First of all, it was not stamped "filed" in any court, with any date, and thus was not legal. Every legal document has a big, messy, "Filed on X date:" stamped on it in a very inconvenient place near the top that almost invariably blots out useful information. The clerk, "PJC" didn't bother to stamp this crap "filed!", probably for the same reason that a thief behind a retail counter doesn't deposit a receipt of sale: he has decided to pocket the money himself, and wishes to leave no record of his theft. Most captives of the State are very ignorant of the law, plus we have legal charlatans like Petrowski guiding us down the path to legal destruction and penury. Petrowski "works" his legal magic for candy bars and ice cream: court clerks use their judges' "ORDERS" and rubber name stamps to suck out $5 fees from captives who have very little education and even less idea of what they should be doing. Worse, when some anonymous, yet very powerful Official or bureaucrat sends us an "ORDER!", we're more liable to follow it than not. Why? Because it is vastly easier for us to cough up $5 than it is for us to fight our ways past recalcitrant guards and petty prison bureaucrats to get to the law library for the privilege of wasting hours looking through pounds of obscure legal blather for what likely can't be found in any definitive version.

Captives who have, like me, spent decades being burned by prison lawclerks, court clerks and appeals judges manage to decypher some of the code used by these parasites upon humanity. E.g. the threat "failure to comply" will result in "dismissal without prejudice", sounds very scary to people who are permitted one chance only to get it exactly right. Fact is, though, this is toothless, because, when you look it up, "without prejudice" means that you can re-file any time and still get treated the same way you would if you'd NOT ignored this bogus "ORDER:" "WITH prejudice" means the judges will refuse to accept it after it has been dismissed.

After the court clerk sent me this bogus, form-letter "order" demanding five dollars and "signed" by a rubber stamp "simulated judge" or "judge facimile", she went ahead and sent me the wrong forms. Instead of sending me the "Certificate of Appealability" "kit", I asked for and which she probably didn't have, she sent me habeas corpus forms (and instructions) that her judge had no power to grant. (she looked at her file on me and saw that I'd already been cheated of an honest ruling by since-disgraced judge Sven Eric Holmes of that court on a habeas corpus appeal seven years previously. I didn't need to have an eight year law degree to know these facts. Paralegals who work for appeals judges see this exact, same scenario occur often, and tend to know well these plain, simple, elementary legal facts. She knows them too well, and has probably decided to take advantage of our ignorance and the system's overbloated complexity for her own benefit.

Sending me habeas corpus forms instead of the asked-for certificate of appealability forms is a scheme calculated to confuse the captive with false hope. We first assume that the court clerk knows more about what is required than we do, which is usually the case. We almost never question her, because questions waste weeks of time, usually for nothing, since questions from captives are either ignored by the courtcrats while scary, rights-stealing time limits approach, or they are answered with incomprehensible legal gibberish that creates more questions. We almost never assume that the anonymous clerk, known only by her "signature" a blank spot or a scribbled initial, is malicious. Often she IS malicious, since we are the most universally hated group in America, guilty or not. (A minimum of 15% of us are NOT guilty.)

The false hope is thinking that the court clerk and judge team is going to let us skip a step in the arduous legal rat's maze that has a 97% probability of leading us right back where we started; still enslaved. Skipping the pre-appeal appeal for their "certificate of appealability" and going directly to the habeas corpus appeal would potentially cut out months of worthless, time-wasting legal nonsense, weeks of effort and hassle and many, many dollars in copy costs, fees, materials and postage. (My latest effort, a mandamus to Supreme Court Justice Breyer, took two months to produce and cost over $71.) Most every novice to legal prosecutorial/judicial system flim-flam will fall for this clerk's grand scam despite what he reads in the lawbooks or hears from friends or prison law clerks. (Captives can not usually find any good legal advice from inmates or law clerks because they are either malicious toward their fellows, practicing a "share the misery" philosophy, or they are themselves selling false hope in exchange for material gain.)

I wanted to fall for this scam myself, but fortunately, after 35 years of being nothing but burned by every stripe of lawyer, court clerk, paralegal and inmate law clerk I've ever met, I managed to resist the temptation. this time.

Instead, I got burned by a bogus legal ruling of the tenth circuit judges, then burned by the Patriot Act that prevents me from getting the nine other judges of the tenth circuit to make their three dishonest judges rule lawfully, and got out a mandamus to US Supreme Court to try and force the crooked tenth circuit judges to rule honestly and within the confines of the law. (Kelly, Hartz and O'Brien, no first names, no signatures, actually created their OWN law to refuse justice in my case. The ACTUAL standard is my being able to "undermine confidence in the jury verdict", which I did, twice, when I uncovered proof that the cops and witnesses lied, and again when I uncovered FBI records proving that the cops and prosecutors deliberately destroyed the killer's blood, then lied about it under oath, in court, to jurors. These three dishonest judges created their own legal standard, requiring me to have what their cronies in the state courts had destroyedproof beyond a shadow of any doubt that I had nothing to do with the crime. This is your presumed "Best Legal System in the World!", you ignorant knuckleheads-a one-shot-only, moving target of "justice" that only the rich and connected can ever hope to hit.) So now I'm waiting til October, which is . when the Supreme Court judges and court crats all get back to "work" from their fabulous, world-ride, months-long junketing vacations, care of their corporate masters.

Then the Fed. North court clerk "PJC" sent me another packet of legal garbage, (see last four pages). It turns out that her threat, "...dismissed without further notice!", was pure hocum. Is this an attempt to cover her tracks? Of the first four forms I'd sent her, one came back stamped "filed! 5-5-07!" This had to have been entered into the court's records where any of the many federal court clerks could see and trace it. If there was a lower court clerk or other of the many types of legal grunt who lusted after PJC's job, detecting fraud and snitching to her boss about it would be a way to obtain promotion rather quickly. This second pack of legal garbage had not been filed either. And it had been "signed" by a rubber stamp judge simulator, just like the previous load of legal-looking, form-letter "Order" crap. (See last four pages.) When the court clerk continues to pretend that her judges have the authority to defy Slick Willie's Accelerated Death penalty and Habeas Corpus Chop-Off law and act on a second habeas corpus, I'm tempted to submit one, despite my logic circuits screaming at me, (IT'S A TRICK!" False hope is a very strong attractant for the desperate; it easily overwhelms most common sense. PJC's second blast could be more bait as well as follow-through to throw off attention to her illegal shenanigans. Either way, her attempt to sneakily extort $5 from me has cost the taxpayers a minimum of $5. If her time is counted too, as a corporate secretary's time is accounted, the cost is much more. Court clerks generally make from 15 to 35 dollars/hour and perks and pensions are even more. If the judges are involved, the price goes 'way up. (judges can be just as malicious, vicious and jealous of prisoners having anything, and often take pleasure in exploiting us. There are many closet sadists in the lawyers' system, though it is not quite the magnet for undercover psychopathy as are the cop and guard industries.) Judges make anywhere from $100 to $160 an hour and up. Double this, if we count their many fat perks and bloated pensions. There are certainly more important matters for them to attend than maliciously screwing their forcibly unemployed slave/victims out of our cupcake money.

Yes, this is our much over-vaunted legal system; the best in the world! as we are often told by the lawyers, cops, politicians, media hacks and others who either feed off it or blindly worship it and its perveyors for no good reason.