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Human Rights Alert
PO Box 526, La Verne, CA 91750Fax: 323.488.9697; Email: jz12345@earthlink.net
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http://human-rights-alert.blogspot.com/
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10-07-04 Complaint against Attorney Kevin McCormick and the California Judicial Council,Chaired by California Chief Justice Ronald George – for public corruption,deprivation of civil rights under the color of law – Pertaining to Habeas CorpusPetition of 70 Year Old Former US Prosecutor Richard Fine.
Andre Birotte Jr., US Attorney, Central District of California.221 N Figueroa St, Los Angeles, CA 90012By certified mail.By fax: 213-894-6269, 213-894-0141
TO US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA: On this Independence Day, 2010,please accept instant Citizen’s Complaint by Joseph Zernik, PhD and Human Rights Alert (NGO) againstAttorney Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice RonaldGeorge – for public corruption, deprivation of civil rights under the color of law – Pertaining to HabeasCorpus Petition of Richard Fine. Complaint is filed herein with the Office of US Attorney, Central District of California, for the recently publicized “specialized unit to prosecute public corruption and civil rights cases”.
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Please also accept instant Citizen’s Complaint as a request for Equal Protection pursuant to the
USConstitution
and also as a request for Equal Protection pursuant to ratified international law – the
Universal Declaration of Human Rights
of the 10 million residents of Los Angeles County.
1. Complainants
Human Rights Alert (NGO) and Joseph Zernik, PhD, resident of Los Angeles County, CaliforniaMailing Address: PO Box 526, La Verne, California 91750Mailing Address: PO Box 526, La Verne, California 91750Tel: 323-515-4583Fax: (preferred) 323-488-9697Email: (preferred) jz12345@earthlink.net
2. Accused:a) Attorney Kevin McCormick
Benton, Orr, Duval & BuckinghamAddress: 39 North California Street, Ventura, CA 93001Work: 805-648-5111
b) California Chief Justice Ronald George and the California Judicial Council
Address:Stanley Mosk Courthouse, 110 North Grand Ave., Los Angeles, CA 90012Address:455 Golden Gate Avenue, San Francisco, California 94102- 3688Work: 415-865-7740
3. General Claims
Conduct of Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice,Ronald George including, but not limited to unlawful appearances and filing of fraudulent records in thehabeas corpus petition of Richard Fine –
Fine v Sheriff
(2:09-cv-01914) is alleged as serious abuse of the
Digitally signedby Joseph Zernik DN: cn=Joseph
Zernik, o, ou,email=jz12345@earthlink.net, c=USDate: 2010.07.0415:06:22 +03'00'
Page 2/6 July 4, 2010
Constitutional, Civil, and Human Rights of Richard Fine and all who reside in California. including, but notlimited to:a)
Public Corruption,
b)
Deprivation of Rights Under the Color of Law,
c)
Honest Services Fraud,
d)
Extortion,
e)
Fraud, f) Mail Fraud,
and
g)
Conspiracy
4. Complainant is NOT an Attorney
Complainants are not attorneys, and are not represented by attorney in any of the matters described ininstant complaint either. For such reason, in most case, no section of the code was cited. US Attorney isrequested to apply the correct sections of the code. In case error was made, where sections of the codewere cited, US Attorney is requested to disregard such citations, and apply the correct section of thecode instead.
5. Additional Evidence and Records:
For the sake of brevity, only a small part of the evidence was described and linked below. Please do nothesitate to contact Dr Zernik for additional evidence in this matter.Additional record pertaining to the habeas corpus petition of Richard Fine -
Fine v Sheriff
(2:09-cv-01914) are readily available under PACER and CM/ECF – the US District Court, Central District of California.
A. Conduct of Attorney Kevin McCormick and the California Judicial Council, Chaired by CaliforniaChief Justice, Ronald George
6.
The Sheriff of Los Angeles County, named Respondent in the habeas corpus petition refused to respond on thepetition. Instead, Attorney Kevin McCormick appeared in the litigation under the caption and case number listedabove, purporting to be authorized to do so on behalf of Judge David Yaffe and the Superior Court of California,County of Los Angeles.
7. As is made clear in correspondence between Joseph Zernik, PhD, and the California Judicial Council,
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Attorney McCormick engaged in such appearances through collusion with the California Judicial CouncilChaired by California Chief Justice Ronald George. However, the correspondence documented that in factAttorney McCormick was never authorized to appear in the caption of
Richard Fine v Sheriff of Los Angeles County
(2:09-cv-01914).
8.
Likewise, Attorney Kevin McCormick never filed a certificate of Counsel of Record for his purported clients – JudgeDavid Yaffe and the Superior Court of California, County of Los Angeles. Moreover, there is no evidence thatAttorney McCormick ever communicated with his clients in the matter where he was purporting to represent them.
9.
In such appearances, through alleged collusion, Attorney McCormick filed false records, false declarations and otherpapers, all intended to affect the false imprisonment of Richard Fine. Richard Fine, former US prosecutor, whoexposed, publicized, and rebuked taking b
y
judges in Los Angeles County of "not permitted" payments(called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactiveimmunities" (pardons) for all judges in Los Angeles.
10. Of particular notice are records originating from the Sheriff’s Department which were filed by AttorneyMcCormick, and were purported to be a March 4, 2010
Judgment of Contempt
and March 4, 2010
Remand Order
.
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Such record were false and deliberately misleading:a) The
Judgment
was a false record on its face: It was stamped “FILED” on March 4, 2009 on itsface page, while it was signed by Judge David Yaffe with the date of March 24, 2009 on its lastpage. The
Judgment
was never entered either, as required by California law to make it “effectualfor any purpose”. It was never authenticated either, as required to make it a valid and effectualcourt record.
Page 3/6 July 4, 2010
b) The
Remand Order
was yet another invalid and ineffectual court record. It failed to appear amongthe records of the Superior Court in the originating case –
Marina v LA County
(BS109420).Moreover, Remand and Removal Orders pertain to persons under custody of the Sheriff, andRichard Fine was not under custody at that time.11. Regardless, Attorney McCormick filed such records with a Declaration under penalty of perjury,purporting it to be the legal foundation for the ongoing holding of Richard Fine by the Sheriff of LosAngeles County.12. It should be further noticed that the Sheriff of Los Angeles County, in response to requests filed by JosephZernik and Human Rights Alert pursuant to the California Public Records Act and inquiry by theHonorable Michael Antonovich, Supervisor of Los Angeles County, produced entirely different records.
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The records produced by the Sheriff purported that Richard Fine was arrested and booked by the Sheriff’sDepartment on location and by authority of the “Municipal Court of San Pedro”. No such court hasexisted for almost a decade. Moreover, the Sheriff Deputy on location at the San Pedro Annex of theSuperior Court of California, County of Los Angeles, denied that Richard Fine or anybody else wasarrested and booked there in recent years. In fact, the Sheriff Deputy insisted that there were no bookingfacilities on location.13. Therefore, it is alleged that the records produced by the Sheriff of Los Angeles County were fraudulentrecords as well.14. Combined, it is alleged that there were and are no records at all conforming with the fundamentals of thelaw to provide the legal foundation for the arrest and ongoing confinement of Richard Fine, and RichardFine is therefore entitled to his immediate release pursuant to
Fay v Noia
(1963). Instead, he has beensubjected since March 4, 2009 to false imprisonment under solitary confinement. His false arrest andfalse imprisonment are alleged as retaliation for exposure of large-scale public corruption at the SuperiorCourt of California, County of Los Angeles. Attorney Kevin McCormick and the California JudicialCouncil, Chaired by California Chief Justice Ronald George are alleged as central to this scheme.B.
Refusal of Attorney Kevin McCormick and the California Judicial Council, Chaired by RonaldGeorge to Initiate Corrective Actions, even after Noticed of their Conduct.
15. The
California Code of Judicial Ethics
requires judges to initiate corrective actions, upon being reliablyinformed of inappropriate conduct at the courts. Attorneys are likewise required to engage in honestappearances pursuant
to Professional Codes of Conduct
. All parties involved in this case were dulyinformed of the alleged acts of public corruption and deprivation of civil rights under the color of lawalleged in this complaint:
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a) Attorney Kevin McCormick b) California Chief Justice Ronald George and the California Judicial Council.c) Lee Baca, Sheriff of Los Angeles County,d) Judge David Yaffe,e) Chief Judge of the Superior Court of California, County of Los Angeles Charles McCoy,f) Clerk of the Superior Court of California, County of Los Angeles John A Clarke.
16.
Regardless, Richard Fine remains falsely imprisoned to this date, and there is no evidence of anycorrective actions by any of the parties listed above.
17.
Petition Filed with Sheriff Lee Baca: In October 2009 an online petition was initiated, which was alsofaxed to Sheriff Lee Baca.
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The petition provided links to the false and deliberately records that theSheriff produced in response to requests pursuant to the
California Public Records Act
for the arrest andbooking records of an individual prisoner, and requested that the Sheriff release such person, who is heldunder false pretense under the color of law. At the writing of this complaint the petition shows some 300signatures from people across the United States and around the world.
C. Court Opinions and Judgments Regarding the Habeas Corpus Petition of Richard Fine
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