Human Rights Alert
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Chief Justice Roberts Asked to Secure Integrity of Supreme Court Docket in Case of FalselyImprisoned Former US Prosecutor Richard Fine
Los Angeles, April 21- in notice to Deputy Clerk of the US Supreme Court Gary Kemp, Dr Joseph Zernik,Los Angeles County resident and founder of Human Rights Alert, asked that Chief Justice Robert act pursuantto the Code of Conduct of US Judges, and secure the integrity of US Supreme Court docket in Application of Fine v Sheriff (09-A827). The application was submitted on March 30, 2010 to Associate Justice RuthGinsburg, and is scheduled for conference on April 23, 2010. The request came following failure of DrZernik’s filings in the case, received by the Court on April 20,
to appear on the docket. On April 21, 2010Mr Danny Bickell, clerk’s office staff counsel consented that he held Dr Zernik’s filings in his hands, butrefused to state whether the filing of the papers, or even their rejection would be listed on the docket. MrBickell stated that he was not Deputy Clerk by authority, nevertheless indicated that he would make thedeterminations in the matter.The delays by Mr Danny Bickell of notation in the docket of either the filing, or rejection of the filing of DrZernik’s papers received by the Supreme Court on April 20 were particularly alarming, since one of DrZernik’s filings was a Request for Correction of Supreme Court records, pertaining to Mr Bickell’s previoustransactions in the case. The correction request pertained to the original submission of the Application byRichard Fine to Associate Justice Anthony Kennedy, which was noticed by Mr Danny Bickell to the parties asDenied by Justice Kennedy on March 12, 2010, and was also listed as “denied” in the Court’s docket,
albeit – an unverified court record. In contrast, the listing of orders and rulings of the US Supreme Courtshowed no such ruling or order on or about March 12, 2010.
Moreover, although the Rule 22(3) of the USSupreme Court explicitly state “A Justice denying an application will note the denial thereon,” a copy of theApplication, obtained from the US Supreme Court file on March 22, 2010, failed to show any such note byJustice Kennedy on the Application.
In a phone call on April 21, 2010, Mr Danny Bickell refused toprovide any explanation for such discrepancies in the US Supreme Court records, or the basis for his notice toparties in the case of a March 12, 2010 denial by Justice Kennedy.Moreover, the core of the claims in April 20, 2010 papers filed by Dr Zernik was of dishonesty in docketing inother justice system agencies in the case of Richard Fine:
The Los Angeles County Sheriff’s Department employed unverified and unvalidated online public accesssystem (OPAS) and unvalidated case management system (CMS) to present the false pretense that
(1824367) was arrested and booked at and by the authority of the non-existent MunicipalCourt of San Pedro.
The Los Angeles Superior Court, where Mr Fine was in fact arrested, likewise employed unverified andunvalidated OPAS and unvalidated CMS, to present the false pretense of a March 4, 2009 Judgment forContempt against Richard Fine in
Marina v LA County
(BS109420). In fact, such March 4, 2009Judgment was never adequately verified by a judge, was never authenticated, and was never entered bythe Los Angeles Superior Court as an honest valid and effectual Court Judgment.
The US District Court, Los Angeles, where Mr Fine filed a habeas corpus petition –
Fine v Sheriff
(2:09-cv-01914), likewise employed unverified and unvalidated OPAS and unvalidated CMS, to present the