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Here are
few ideas for you to get rid of the
judge.
I only suggest
these because I have accidentally
and on purpose gotten 3 or 4 judges
recused so far. If they don't
work to get the judge to recuse himself,
they will be useful to REVERSE him
at the appeals court level.
I got one recused
by writing her directly a letter.
She must have read it!! It was a polite
letter just explaining my perception
of things and how we needed to get
this case moving along. Next thing
I know, I have a new judge. I guess
this dumb Pro Se did not know you
can't write a judge a letter. She
said she was going to handle my case
out of the court room, so that's why
I wrote it direct to her. Apparently
this was not what she meant. (I have
decided she meant she did not want
my BIG mouth running off in PUBLIC
on the record.)
You can also try
to file a law suit in FEDERAL Court
against the knothead. Claim he is
violating your rights without authority
of law or constitution and thus has
no immunity. This also becomes another
bullet for the judge's decisions in
your appeals gun.
One thing you
need to do is create a web site.
Put their names in big letters on
it.
Interesting to
note we both have problems with KAPLAN'S
Wonder if they are related?
Explain their
misdeeds. Provide copies of
their biased prejudiced judgments.
Get tapes of the
hearings and put embarrassing sound bites
on the web site.
I got one where
the judge says something like "This
is a Family Court. The constitution
does not apply here."
That's
is powerful stuff. It is embarrassing.
DO not be surprised
if HER attorney brings it to court
to piss off the judge against you.
Oh well he is already about as pissed
as he can get.
It just gives you more ammo for any
appeals to reflect possible sources
of bias and prejudice.
Also talk to me
backchannel, there are some legal
protections you can do to create a
mine field for the lawyers and the
X for later law suits.
Find special interest
groups who will not like what is happening.
I use the NRA and the Massachusetts
Gun organization www.GOAL.org with
large number of subscribers. I
told them about my visit to the NRA
national HQ in Fairafax VA and gave
them a very nice story. Tried to get
the NRA to finance my fight.
(That must have worried the EX a lot
and the judge might have had visions
of being hated by a lot
of kooks). I had Judge Moynihan
on the top fold left side in an issue.
That is the premium real estate on
a newspaper.
Try visiting the
ACLU. Be sure to mention it to the
judge. Then he knows you are spreading
the word and writing about him to
his cohorts. Moynihans eyebrows
went to the ceiling when he heard
I was trying to get them involved.
Uh. Embarrassing.
----- Original Message -----
Sent: Saturday, March 12, 2005 12:54
AM
Subject: Re: Judge Jonathan Kaplan's
removal
Dear Shelly,
Your station refers me to you for
court stories. Channel 8
called me for an interview, but
I would prefer to speak to channel
61 first. Please make an effort
to bring attention to this issue.
- Channel 30 just did a story
on Deadbeat Parents whom the
Atty. General Blumenthal clarified
as fathers. The basis
for the story was the lack of
arresting capacity for deadbeat
parents. (February 2005) (The
judicial committee is considering
a bill to give State police
power to arrest fathers in arrears)
- The Hartford Courant ran
a front page story of a father
devastated by divorce and false
allegation of child abuse. He
lost a prominent job, house
and most horrible, his daughter
for years. (March 7, 2005).
The Judicial committee
held a public hearing the same
day for SB1120. A bill
that will presume equal rights
for separating parents and penalties
for false abuse.
- My children's guardian for
the court has testified that
my children are tearfully desperate
to contact and see me but still
the judge refuses. The
home evaluation recommends joint
custody and shared parenting
but the judge refuses.
This is what happens when you
complain about a Rockville judge.
- The US attorney in Hartford, Lisa
Perkins, is investigating my
complaint against Judge Kaplan
and Attorney Boyan (the mother's
attorney) for criminal
charges.
Please speak
with Rick Hancock, I talked
to him at the LOB the day of the
hearing for SB1120 and he has
expressed a sincere interest
in reporting my story and this issue.
Thank you
http://groups.yahoo.com/group/connecticutcivilrightscouncil/
http://groups.yahoocom/group/f4jnewengland/
The
Shared Parenting Council -CT
The
Fatherhood Coalition -MA
Fathers-4-Justice-
UK
NCP
NATIONAL CLASS ACTION SUIT -
USA
Lots of questions recently on list
about recusal and lots of incorrect
comments about laws.
> [3]>
[4] The defendant correctly
notes that the judge was not
required to recuse himself from
hearing the case jury waived
merely because he previously
heard the suppression motion.
See > Commonwealth v. Coyne,
372 Mass. 599, 601-603, 363
N.E.2d 256 (1977). Generally,
recusal is a matter left to
the discretion of the judge.
> Id. at 602, 363 N.E.2d
256. To show that
a judge abused his discretion
by failing to recuse himself,
a defendant ordinarily must
show that the judge demonstrated
a bias or prejudice arising
from an extrajudicial source,
and not from something learned
from participation in the case.
See > Liteky v. United States,
510 U.S. 540, 551, 114 S.Ct.
1147, 127 L.Ed.2d 474 (1994)
("[N]ot subject to deprecatory
characterization as 'bias' or
'prejudice' are opinions held
by judges as a result of what
they learned in earlier proceedings.
It has long been regarded as
normal and proper for a judge
to sit in the same case upon
its remand, and to sit in successive
trials involving the same defendant");
> Fogarty v. Commonwealth,
406 Mass. 103, 111, 546 N.E.2d
354 (1989). The defendant
has offered no evidence to support
his burden.
Com. v. Adkinson, 442
Mass. 410, 415, 813 N.E.2d 506,
511 (2004).
A judge is not required
to recuse himself from a case
merely because he has confronted
the parties in a prior case.
However, if a party is concerned
about prejudice on the part of
the judge, the issue should be
raised at the commencement of
the proceeding. > Adoption
of Darla, 56 Mass.App.Ct. 519,
522 (2002).
803 N.E.2d 359, 60 Mass.App.Ct.
1116, Giselle, In re, (Mass.App.Ct.
2004)
LAWS come in
two flavors: laws allowing judges
to use their discretion and laws
NOT allowing judges to use their
discretion.
What many of you guys are NOT
doing is differentiating between
the two . . .
Those of
you who complain will be far more
credible than you currently are
if you READ the law(s) applicable
to your case and learn how to
differentiate one flavor of the
law from the other.
--
Barbara
C. Johnson, Advocate of Court
Reform and Attorney at Law
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
email:
barbaracjohnson@worldnet.att.net
False Allegations:
http://www.falseallegations.com
Participating Attorney:
http://www.lawguru.com/cgi/bbs2/user/browse.shtml
Campaign 2002:
http://www.barbforgovernor.com
-----
The judicial system is very
broken. It must be fixed.
There are four people who can
do the job:
Everybody, Somebody, Anybody,
and Nobody.
Everybody thinks Somebody will
surely do it.
It is a job Anybody can do.
But Nobody is doing it.
At least I'm trying. What are
you doing?
"Women are not men's life
partners, but rivals favored
by law."
Paul Craig Roberts, in "The
Wars We Can't Afford to Lose,"
citing Professor Richard T.
Hise, The War Against Men
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