Human Rights Alert

PO Box 526, La Verne, CA 91750 Fax: 323.488.9697; Email: jz12345@earthlink.net Blog: http://human-rights-alert.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert 10-07-07

Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, email=jz12345@e arthlink.net, c=US Date: 2010.07.08 17:35:28 +03'00'

In re: Richard Fine - Complaint against Judge David Yaffe, Los Angeles Superior Court, and Los Angeles Sheriff Lee Baca and others – for Public Corruption and Deprivation of Rights.

Andre Birotte Jr., US Attorney, Central District of California. 221 N Figueroa St, Los Angeles, CA 90012 By certified mail, by fax: 213-894-6269, 213-894-0141 TO US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA: Please accept instant Citizen’s Complaint against David Yaffe - Judge, Charles McCoy – Presiding Judge, John A Clarke - Clerk, and Frederic Bennett – Counsel, all of the Superior Court of California, and against Lee Baca – Sheriff of Los Angeles County – for public corruption and deprivation of rights under the color of law in re: False imprisonment of Richard Fine.
Executive Summary

Complaint was filed July 8, 2010, with the US Attorney Office, Central District of California, against DAVID YAFFE – Judge, CHARLES MCCOY – Presiding Judge, JOHN A CLARKE – Clerk, and FREDERIC BENNETT – Counsel, of the Superior Court of California, County of Los Angeles, and LEE BACA – Sheriff of Los Angeles County, for public corruption and deprivation of rights under the color of law in the matter of Richard Fine. The complaint alleged that the named accused conspired to hold Richard Fine (#1824367) in solitary confinement at the Central Men’s Jail since March 4, 2009, with no legal foundation at all for the imprisonment. Richard Fine - 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken "not permitted" payments (called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactive immunities" (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in Richard Fine’s case. Instead, the complaint alleged that the accused engaged since March 2009 in the production and publication of fraudulent records, including, but not limited to records filed in the habeas corpus of Richard Fine – Fine v Sheriff (2:09cv-01914) at the US District Court, Los Angeles and records produced by the Sheriff in response to inquiry by Los Angeles Supervisor Michael Antonovich. The complaint further claimed that inherent to the conduct of the accused was failure of the Superior Court of California, County of Los Angeles for over a quarter century, to publish honest Local Rules of Court pertaining to the entry of judgment - in violation of due process rights, and refusal of the Court to allow access to court records, which were the Register of Actions (California civil docket) in Marina v LA County (BS109420), the case where Richard Fine was purported to have been arrested and imprisoned – in violation of First Amendment rights. Moreover, the complaint detailed refusal of Presiding Judge McCoy and Clerk Clarke to initiate corrective actions relative to the alleged false imprisonment of Richard Fine, to correct false and deliberately misleading Local Rules of Court repeatedly published by the Court pertaining to the entry of judgments in Los Angeles County, to publish valid and effectual Local Rules of Court, and to allow access to the Register of Actions in Marina v LA County (BS109420). Instead, in 2009-10 Court Counsel Frederic Bennett sent a series of false and deliberately misleading letters to complainant Dr Zernik, with no authority at all, pertaining to Local Rules of Court and denial of access to court records. Combined, the complaint alleged that the four accused conspired to falsely imprison Richard Fine, under the color of law, as retaliation, harassment and intimidation of a victim, witness and informant. The complaint further alleged that the conduct of the Court relative to the ongoing publication of fraudulent Local Rules of Court, refusal to disclose and publish honest Local Rules of Court, and denial of access to court records amounted to severe violation of the Constitutional, Civil, and Human Rights of all residents of Los Angeles County. The complaint requested the US Attorney, Central District of California, provide equal protection for Richard Fine and all 10 million residents of Los Angeles County, and investigate and prosecute, if appropriate, the accused to the full extent of the law.

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July 8, 2010

1. Complainants Joseph Zernik, PhD, resident of Los Angeles County, California Human Rights Alert (NGO) Mailing Address: PO Box 526, La Verne, California 91750 Tel: 323-515-4583 Fax: (preferred) 323-488-9697 Email: (preferred) jz12345@earthlink.net 2. a) b) c) d) Accused: DAVID YAFFE - Judge, CHARLES MCCOY – Presiding Judge, JOHN A CLARKE - Clerk, FREDERIC BENNETT – Counsel Superior Court of California, County of Los Angeles Address: Stanley Mosk Courthouse, 110 North Grand Ave., Los Angeles, CA 90012 e) LEE BACA – Sheriff of Los Angeles County Los Angeles Sheriff’s Department Address: 4700 Ramona Blvd, Monterey Park, CA 91754 Work: 323-526-5000 Fax: 323-267-6600 Email: shb@lasd.org , webemail@lasd.org

3. Complainants are NOT Attorneys Complainants are not attorneys, and are not represented by attorney in any of the matters described in instant complaint either. For such reason, in most case, no section of the code was cited. The US Attorney is requested to apply the correct sections of the code. In case errors were made, where sections of the code were mentioned, the US Attorney is requested to disregard such errors, and instead, consider the facts themselves and apply the correct sections of the code, as he deems fit. 4. General Claims: It is alleged that conduct of the accused amounted to: a) Public Corruption b) Fraud, c) Wire/fax Fraud, d) Honest Services Fraud, e) Extortion, f) Conspiracy, g) Obstruction of Justice, h) Retaliating against a witness, victim, or an informant, i) Tampering with a witness, victim, or an informant, j) Mail Fraud, 5. Related Records: Please accept as integral part of instant complaint additional records, linked below. In particular, the Appendix to Motion to Intervene filed with the US Supreme Court in Fine v Sheriff (09-A827) includes many of the records, which are the pertinent evidence in the matters described below. a) April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court

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i) 10-04-20 Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik with stamps showing receipt by the US Supreme Court s http://www.scribd.com/doc/30304657/ ii) 10-04-20 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene s http://www.scribd.com/doc/30161573/10-04-18-Fine-v-Sheriff-09-A827-1-Amended-Motion-toIntervene-s iii) 10-04-20 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer http://www.scribd.com/doc/30161636/ iv) 10-04-20 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records http://www.scribd.com/doc/30162109/ v) 10-04-20 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference http://www.scribd.com/doc/30162144/ vi) 10-04-20 Fine v Sheriff (09-A827) 5 Amended Appendices http://www.scribd.com/doc/34050423/ b) 10-07-04 Human Rights Alert Complaint against the California Judicial Council Chaired by California Chief Justice Ronald George and Attorney Kevin McCormick for Public Corruption and Deprivation of Rights. http://www.scribd.com/doc/33879469/ c) 10-06-28 Human Rights Alert Complaint filed with US Attorney Office Los Angeles Re Large Scale False Imprisonments in Los Angeles County http://www.scribd.com/doc/33647477/ d) 10-06-21 Dr Zernik s Complaint Filed with Us Attorney Office Los Angeles against Mr David Pasternak for Public Corruption Deprivation of Civil Rights http://www.scribd.com/doc/33354641/ 6. General a) California Code of Civil Procedure requires that the Superior Court of California, County of Los Angeles, maintain Judgment Books, regardless of the media such books are maintained in: paper, microfilm, digital media, tapes, etc. b) California Code of Civil Procedures further states that judgment that was not entered in a Judgment Book was “not effectual for any purpose”. c) Letter by Court Counsel Frederic Bennett claimed, albeit – with no authority at all - that since 1974 the Superior Court of California, County of Los Angles did not maintain paper Judgment Books, and instead maintained a microfilm Judgment Book. d) The California Superior Court, County of Los Angeles continues to this day to publish Local Rules of Court stating the Judgment Books are maintained at the Public Departments of the Office of the Clerk in each District of the Court. e) Deputy Clerks and Supervisors of the Office of the Clerk repeatedly claimed that NO Judgment Books were maintained in the Public Departments of the Office of the Clerk. f) Presiding Judge Charles McCoy and Clerk of the Court John A Clarke refused to disclose the true and valid Local Rules of Court pertaining to Books of Judgments and entry of judgments at the Court, and continue to publish false and deliberately misleading Local Rules of Court, stating that Books of Judgments are maintained at the Public Departments of the Office of the Clerk of each District of the Court. g) The Superior Court of California, County of Los Angeles maintains Registers of Actions (California civil dockets) pursuant to California Government Code as part of its case management system – Sustain. h) Letters by Court Counsel Frederic Bennett made various false and deliberately misleading, selfcontradictory claims in this matter. For example, in one letter the Counsel falsely claimed that the Court published the Registers of Actions online. In another letter, the counsel falsely claimed that “at the moment” the California Superior Court, County of Los Angeles, did NOT maintain Registers of Actions at all.

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i) Clerk of the Court John A Clarke continues to this date to deny access to the Register of Actions in Marina v LA County (BS109420), the case where Richard Fine was purportedly arrested and imprisoned, in violation of First Amendment rights. j) Presiding Judge Charles McCoy refused to initiate corrective actions relative to the denial of access to court records by the Clerk of the Court. 7. Brief Chronology Alleged False Imprisonment of Richard Fine: a) It is alleged that upon investigation and discovery it would be documented that prior to the March 4, 2009 proceeding, a request was forwarded by the court of Judge David Yaffe to the Sheriff’s Department to have the Warrant Detail present in the proceeding, with the understanding that the proceeding would end with the sentencing and jailing of Attorney Richard Fine for contempt. b) On March 4, 2009 Judge David Yaffe indeed pronounced such sentence in open court, as evidenced in the Court Reporter's transcript. c) On March 4, 2009, through such oral directives, Judge Yaffe misled the Sheriff's Warrant Detail to arrest Attorney Richard Fine at 11:05 am, at the Superior Court of California, County of Los Angeles, City of Los Angeles, 11 North Hill Street, - albeit - with no written, valid, and effectual warrant, judgment, conviction, or sentencing at all. d) On March 4, 2009 Judge Yaffe then left the courtroom, and left the Warrant Detail with no record as an adequate and valid legal foundation for the arrest and the imprisonment. e) Instead, Judge Yaffe proceeded to create a second, contradictory record in the court file. The court file to this date does not reflect any valid and effectual judgment, conviction, or sentencing at all. f) In fact, the March 4, 2009 proceeding was entirely omitted from the online Case Summary (not a formal court record). g) The Superior Court of California, County of Los Angeles, continues to deny access to the Register of Actions in Marina v LA County (BS109420). However, it is alleged that upon investigation and discover it would be found that Judge Yaffe likewise never including a valid March 4, 2009 sentencing hearing in the Register of Actions. h) On March 4, 2009, at 12:32 pm, the Sheriff's Warrant Detail falsely recorded the arrest and booking of Richard Fine as if they had taken place on location, and pursuant to the authority of the "San Pedro Municipal Court." The Sheriff held and holds no valid court order or judgment as the foundation. No San Pedro Municipal court had existed at the city of San Pedro for almost a decade. i) On March 4, 2009, at 4:31 pm, papers were received by the Sheriff's Department through an unauthenticated fax transmission, with no cover sheet at all, from "Judicial Services" – the Sheriff’s Unit at the Superior Court of California, County of Los Angeles. j) Such papers reflected yet a third, again false and deliberately misleading set of records for the arrest and booking of Richard Fine. Such records included invalid, false records: (i) False on its face, March 4, 2009 Remand Order, and (ii) False on its face, unauthenticated, and unentered the March 4, 2009 Judgment for contempt issued by Judge Yaffe. k) On March 20, 2009, Richard Fine filed a habeas corpus petition Fine v Sheriff (2:09-cv-01914) at the US District Court, Los Angeles, where Sheriff Lee Baca was named Responder. l) Sheriff Lee Baca refused to answer the habeas corpus petition. Indeed there was and there is no legal foundation for the arrest and imprisonment of Richard Fine, and the Sheriff Lee Baca could not honestly respond on the petition. m) On May 1, 2009, Attorney Kevin McCormick started false appearances in the habeas corpus petition on behalf of Judge David Yaffe and the Superior Court of California, County of Los Angeles, with no authority at all, as detailed in a complaint separately filed with the US Attorney Office against Attorney Kevin McCormick and others. n) In such false appearances, Attorney McCormick filed in court the false on its face March 4 Remand Order and the false on its face March 4 Judgment, and falsely represented such records as valid court records, which provided the legal foundation for the arrest and imprisonment of Richard Fine.

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o) It is further alleged that such records were produced and filed by Attorney McCormick in collusion with Sheriff Lee Baca. p) In January 2010, Sheriff Lee Baca responded on inquiry for the arrest and booking records of Richard Fine by Supervisor Antonovich. In his response Sheriff Lee Baca produced false and deliberately misleading records, falsely stating that Richard Fine was arrested and booked on location and by authority of the “San Pedro Municipal Court.” q) In 2009-2010, complainant Dr Zernik repeatedly noticed the accused: Judge David Yaffe, Presiding Judge Charles McCoy, Clerk John Clarke, and Sheriff Lee Baca of the false records, which they had issued and had repeatedly produced, and asked that they initiate corrective actions. r) There is no evidence that any of the accused ever initiated any corrective actions at all. Richard Fine remains imprisoned to this date. Therefore, a reasonable person, upon review of the facts as a whole would conclude that Richard Fine was and is falsely imprisoned through conspiracy of the named accused for public corruption and deprivation of rights under the color of law. 8. Additional Evidence and Records: For the sake of brevity, only a small part of the evidence was described and linked in instant complaint. Please do not hesitate to contact Dr Zernik for additional evidence in this matter. Additional records, which are pertinent to the case, can also be found under court file of Marina v LA County (SC087400) at the Superior Court of California, County of Los Angeles and Fine v Sheriff (2:09-cv01914) at the US District Court, Los Angeles. 9. Court Opinions and Judgments Regarding the arrest and imprisonment of Richard Fine. The arrest and imprisonment of Richard Fine were never subject of any valid court order or judgment: a) In Marina v LA County (BS109420) – Ancillary proceedings on contempt under Petition for Injunction at the Superior Court of California, County of Los Angeles - as detailed in instant complaint no warrant, no judgment, no conviction and no sentencing were ever entered in the case for the arrest or imprisonment of Richard Fine. b) In Fine v Sheriff (2:09-cv-01913) – Habeas corpus petition at the US District Court, Central District of California – as detailed in the Motion to Intervene, linked above, no order or judgment was ever entered in the case in compliance with General Order 08-02 of the US District Court, Central District of California. c) In Fine v Sheriff (09-071692) – Petition at the US Court of Appeals, 9th Circuit – as detailed in the Motion to Intervene, no valid order was ever entered by the Court in this matter. d) In Fine v Sheriff (09-056073) – Appeal at the US Court of Appeals, 9th Circuit – as detailed in the Motion to Intervene, no valid order or mandate was ever entered by the Court in this matter. e) In Fine v Sheriff (09-A827) – Application filed with Associate Justice Kennedy at the US Supreme Court – as detailed in the Motion to Intervene – no denial was ever entered by Associate Justice Kennedy on the Application. f) In Fine v Sheriff (09-A827) – Application filed with Associate Justice Ruth Ginsburg at the US Supreme Court – the US Supreme Court refused to review the Application. 10. Conduct of the accused in Marina v LA County (BS109420) relative to the Imprisonment of Richard Fine is Not Unique at all It is alleged that the fraud based on refusal to publish honest Local Rules of Court pertaining to the entry of judgment, and the concomitant denial of access to the Registers of Actions (California civil dockets), is the foundation for numerous cases of fraud on the people by the accused and the Superior Court of California, County of Los Angeles, as detailed in Related Records, linked above.

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11. Public Policy Significance Instant complaint documented the manner in which retaliation was executed by Judges and the Sheriff against Richard Fine – former US prosecutor who exposed, publicized, and rebuked widespread corruption of the justice system in Los Angeles County, California. Instant complaint also documented the routine practice at the Superior Court of California, County of Los Angeles, of conducting proceedings, which the Court itself never deems “on the record”, a fact that the public cannot decipher due to denial of access to the Registers of Actions of the Court. Instant complaint likewise documented the routine practice at the Superior Court of California, County of Los Angeles, of issuing judgments – which the Court itself never deems as entered, valid, and effectual for any purpose. Regardless, as documented in instant complaint, the Court affects the enforcement of such invalid, ineffectual judgments out of compliance with the law. Such conduct is alleged as the essence of widespread corruption at the Court. 12. National and International Awareness As part of the first ever review by the United Nations (UPR) of Human Rights in the United States, report was filed by Human Rights Alert (NGO) and Dr Joseph Zernik and Human Rights Alert (NGO) i alleging widespread corruption of the justice system in Los Angeles County, California. The report further documented the refusal of senior officers of the US government to abide by its duties and responsibilities pursuant to ratified international law – in failure to accord equal protection to the 10 million residents of Los Angeles County. As part of the UPR process, US, UK, Germany, and France based blogs were created,ii where almost 17,000 readers from some 85 nations were recorded so far. A Scribd site was created for Human Rights Alert in January 2010, which has recorded over 70,000 reads, with over 500 reads a day in recent months.iii Additional news sites, where press releases are routinely issued by Dr Zernik and Human Rights Alert, have recorded thousands of additional readers. iv Furthermore, an archive was established online, v documenting the alleged racketeering by Bank of America Corporation and others. The archive, not a user’s friendly site by any stretch of imagination, has attracted thousands of visits per month from nations worldwide, totaling of close to 90,000 visits in 2010 alone. vi Manuscript was filed for peer review by high level international conferences in computer science, detailing the alleged fraud in records of the Sheriff of Los Angeles County, as documented in instant complaint, and the resulting alleged large-scale false imprisonments in Los Angeles County, California. vii 13. Remedies Requested Request is herein filed with the office of US Attorney, Central District of California, by Joseph Zernik, PhD, and Human Rights Alert (NGO) for the following remedies: a) Equal protection under US and ratified international law of Richard Fine and all 10 million residents of Los Angeles County against conduct of the Superior Court of California, County of Los Angeles, as documented in instant complaint. b) Investigation and prosecution of allegations of public corruption by the named accused, and prosecution, if applicable, of alleged criminal conduct to the full extent of the law. Respectfully, Dated: July 8, 2010 Joseph Zernik, PhD

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By: ______________ JOSEPH H ZERNIK PO Box 526, La Verne, CA 91750 Phone: 323.515.4583 Fax: 323.488.9697 Email <jz12345@earthlink.net> CC: 1) UPR Office of the United Nations: UPRsubmissions@ohchr.org 2) UPR Office of the US State Department: upr_info@state.gov 4) The Honorable Dianne Feinstein, Senator from California 5) United States Congress – Judiciary Committees Human Rights Alert (NGO) report to the UN for the 2010 UPR: a) Press Release: http://www.scribd.com/doc/30200004/ b) Submission: http://www.scribd.com/doc/30147583/ c) Appendix: http://www.scribd.com/doc/30163613/ ii Blog associated with Human Rights Alert (NGO) http://human-rights-alert.blogspot.com/ http://josephzernik.blog.co.uk/ http://menchenrechte-los-angeles.blogspot.com/ iii Scribd site of Human Rights Alert (NGO) http://www.scribd.com/Human_Rights_Alert iv News sites where Human Rights Alert posts routine releases: http://www.liveleak.com/user/jz12345 http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner http://pressroom.prlog.org/Human_Rights_Alert/ v Online archive documenting corruption by Bank of America and other financial institutions: http://inproperinla.com/ vi Intense interest by the Russian Republic in corruption of US courts and banking regulation: http://www.scribd.com/doc/33910548/ vii Manuscript filed for peer review reviewing the alleged fraud in records of the Sheriff of Los Angeles County and large-scale false imprisonments in Los Angeles County, California. 10-06-23 zernik Paper1 Data Mining as a Civic Duty Online Prisoner s Registration Systems s http://www.scribd.com/doc/33520723/
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