John Clark Pro Se Blog Actor, Producer & Writer

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NEW LINKS

Posted in Links, Links to Courts & Judges, Links to Government, Links to legal, self-help sites

Since I started this site, I find there have been some excellent websites to find helpful information.

Here’s a new one I just received.

Click on CourtSystem.org, which will link you to places for up-to-date information you may need, no matter where you live.

I’ll be happy to list others, and will hope for a contribution so that my site can continue to flourish.

WOODY ALLEN – SHE SAYS, HE SAYS (Source, NY Times)

Posted in COMMENTARY-Passing parade, Links to Cases & Litigants, Links to Courts & Judges

DYLAN FARROW SAYS:

That he got away with what he did to me haunted me as I grew up. I was stricken with guilt that I had allowed him to be near other little girls. I was terrified of being touched by men. I developed an eating disorder. I began cutting myself.

That torment was made worse by Hollywood. All but a precious few (my heroes) turned a blind eye. Most found it easier to accept the ambiguity, to say, “who can say what happened,” to pretend that nothing was wrong. Actors praised him at awards shows. Networks put him on TV. Critics put him in magazines. Each time I saw my abuser’s face — on a poster, on a T-shirt, on television — I could only hide my panic until I found a place to be alone and fall apart.

This time, I refuse to fall apart. For so long, Woody Allen’s acceptance silenced me. It felt like a personal rebuke, like the awards and accolades were a way to tell me to shut up and go away. But the survivors of sexual abuse who have reached out to me — to support me and to share their fears of coming forward, of being called a liar, of being told their memories aren’t their memories — have given me a reason to not be silent, if only so others know that they don’t have to be silent either.

Today, I consider myself lucky. I am happily married. I have the support of my amazing brothers and sisters. I have a mother who found within herself a well of fortitude that saved us from the chaos a predator brought into our home.

But others are still scared, vulnerable, and struggling for the courage to tell the truth. The message that Hollywood sends matters for them.

 

WOODY ALLEN SAYS

TWENTY-ONE years ago, when I first heard Mia Farrow had accused me of child molestation, I found the idea so ludicrous I didn’t give it a second thought. We were involved in a terribly acrimonious breakup, with great enmity between us and a custody battle slowly gathering energy. The self-serving transparency of her malevolence seemed so obvious I didn’t even hire a lawyer to defend myself. It was my show business attorney who told me she was bringing the accusation to the police and I would need a criminal lawyer.

I naïvely thought the accusation would be dismissed out of hand because of course, I hadn’t molested Dylan and any rational person would see the ploy for what it was. Common sense would prevail. After all, I was a 56-year-old man who had never before (or after) been accused of child molestation. I had been going out with Mia for 12 years and never in that time did she ever suggest to me anything resembling misconduct. Now, suddenly, when I had driven up to her house in Connecticut one afternoon to visit the kids for a few hours, when I would be on my raging adversary’s home turf, with half a dozen people present, when I was in the blissful early stages of a happy new relationship with the woman I’d go on to marry — that I would pick this moment in time to embark on a career as a child molester should seem to the most skeptical mind highly unlikely. The sheer illogic of such a crazy scenario seemed to me dispositive.

Notwithstanding, Mia insisted that I had abused Dylan and took her immediately to a doctor to be examined. Dylan told the doctor she had not been molested. Mia then took Dylan out for ice cream, and when she came back with her the child had changed her story. The police began their investigation; a possible indictment hung in the balance. I very willingly took a lie-detector test and of course passed because I had nothing to hide. I asked Mia to take one and she wouldn’t. Last week a woman named Stacey Nelkin, whom I had dated many years ago, came forward to the press to tell them that when Mia and I first had our custody battle 21 years ago, Mia had wanted her to testify that she had been underage when I was dating her, despite the fact this was untrue. Stacey refused. I include this anecdote so we all know what kind of character we are dealing with here. One can imagine in learning this why she wouldn’t take a lie-detector test.

Meanwhile the Connecticut police turned for help to a special investigative unit they relied on in such cases, the Child Sexual Abuse Clinic of the Yale-New Haven Hospital. This group of impartial, experienced men and women whom the district attorney looked to for guidance as to whether to prosecute, spent months doing a meticulous investigation, interviewing everyone concerned, and checking every piece of evidence. Finally they wrote their conclusion which I quote here: “It is our expert opinion that Dylan was not sexually abused by Mr. Allen. Further, we believe that Dylan’s statements on videotape and her statements to us during our evaluation do not refer to actual events that occurred to her on August 4th, 1992… In developing our opinion we considered three hypotheses to explain Dylan’s statements. First, that Dylan’s statements were true and that Mr. Allen had sexually abused her; second, that Dylan’s statements were not true but were made up by an emotionally vulnerable child who was caught up in a disturbed family and who was responding to the stresses in the family; and third, that Dylan was coached or influenced by her mother, Ms. Farrow. While we can conclude that Dylan was not sexually abused, we can not be definite about whether the second formulation by itself or the third formulation by itself is true. We believe that it is more likely that a combination of these two formulations best explains Dylan’s allegations of sexual abuse.”

Could it be any clearer? Mr. Allen did not abuse Dylan; most likely a vulnerable, stressed-out 7-year-old was coached by Mia Farrow. This conclusion disappointed a number of people. The district attorney was champing at the bit to prosecute a celebrity case, and Justice Elliott Wilk, the custody judge, wrote a very irresponsible opinion saying when it came to the molestation, “we will probably never know what occurred.”

But we did know because it had been determined and there was no equivocation about the fact that no abuse had taken place. Justice Wilk was quite rough on me and never approved of my relationship with Soon-Yi, Mia’s adopted daughter, who was then in her early 20s. He thought of me as an older man exploiting a much younger woman, which outraged Mia as improper despite the fact she had dated a much older Frank Sinatra when she was 19. In fairness to Justice Wilk, the public felt the same dismay over Soon-Yi and myself, but despite what it looked like our feelings were authentic and we’ve been happily married for 16 years with two great kids, both adopted. (Incidentally, coming on the heels of the media circus and false accusations, Soon-Yi and I were extra carefully scrutinized by both the adoption agency and adoption courts, and everyone blessed our adoptions.)

Mia took custody of the children and we went our separate ways.

I was heartbroken. Moses was angry with me. Ronan I didn’t know well because Mia would never let me get close to him from the moment he was born and Dylan, whom I adored and was very close to and about whom Mia called my sister in a rage and said, “He took my daughter, now I’ll take his.” I never saw her again nor was I able to speak with her no matter how hard I tried. I still loved her deeply, and felt guilty that by falling in love with Soon-Yi I had put her in the position of being used as a pawn for revenge. Soon-Yi and I made countless attempts to see Dylan but Mia blocked them all, spitefully knowing how much we both loved her but totally indifferent to the pain and damage she was causing the little girl merely to appease her own vindictiveness.

Here I quote Moses Farrow, 14 at the time: “My mother drummed it into me to hate my father for tearing apart the family and sexually molesting my sister.” Moses is now 36 years old and a family therapist by profession. “Of course Woody did not molest my sister,” he said. “She loved him and looked forward to seeing him when he would visit. She never hid from him until our mother succeeded in creating the atmosphere of fear and hate towards him.” Dylan was 7, Ronan 4, and this was, according to Moses, the steady narrative year after year.

I pause here for a quick word on the Ronan situation. Is he my son or, as Mia suggests, Frank Sinatra’s? Granted, he looks a lot like Frank with the blue eyes and facial features, but if so what does this say? That all during the custody hearing Mia lied under oath and falsely represented Ronan as our son? Even if he is not Frank’s, the possibility she raises that he could be, indicates she was secretly intimate with him during our years. Not to mention all the money I paid for child support. Was I supporting Frank’s son? Again, I want to call attention to the integrity and honesty of a person who conducts her life like that.

NOW it’s 21 years later and Dylan has come forward with the accusations that the Yale experts investigated and found false. Plus a few little added creative flourishes that seem to have magically appeared during our 21-year relationship.

Not that I doubt Dylan hasn’t come to believe she’s been molested, but if from the age of 7 a vulnerable child is taught by a strong mother to hate her father because he is a monster who abused her, is it so inconceivable that after many years of this indoctrination the image of me Mia wanted to establish had taken root? Is it any wonder the experts at Yale had picked up the maternal coaching aspect 21 years ago? Even the venue where the fabricated molestation was supposed to have taken place was poorly chosen but interesting. Mia chose the attic of her country house, a place she should have realized I’d never go to because it is a tiny, cramped, enclosed spot where one can hardly stand up and I’m a major claustrophobe. The one or two times she asked me to come in there to look at something, I did, but quickly had to run out. Undoubtedly the attic idea came to her from the Dory Previn song, “With My Daddy in the Attic.” It was on the same record as the song Dory Previn had written about Mia’s betraying their friendship by insidiously stealing her husband, André, “Beware of Young Girls.” One must ask, did Dylan even write the letter or was it at least guided by her mother? Does the letter really benefit Dylan or does it simply advance her mother’s shabby agenda? That is to hurt me with a smear. There is even a lame attempt to do professional damage by trying to involve movie stars, which smells a lot more like Mia than Dylan.

After all, if speaking out was really a necessity for Dylan, she had already spoken out months earlier in Vanity Fair. Here I quote Moses Farrow again: “Knowing that my mother often used us as pawns, I cannot trust anything that is said or written from anyone in the family.” Finally, does Mia herself really even believe I molested her daughter? Common sense must ask: Would a mother who thought her 7-year-old daughter was sexually abused by a molester (a pretty horrific crime), give consent for a film clip of her to be used to honor the molester at the Golden Globes?

Of course, I did not molest Dylan. I loved her and hope one day she will grasp how she has been cheated out of having a loving father and exploited by a mother more interested in her own festering anger than her daughter’s well-being. Being taught to hate your father and made to believe he molested you has already taken a psychological toll on this lovely young woman, and Soon-Yi and I are both hoping that one day she will understand who has really made her a victim and reconnect with us, as Moses has, in a loving, productive way. No one wants to discourage abuse victims from speaking out, but one must bear in mind that sometimes there are people who are falsely accused and that is also a terribly destructive thing. (This piece will be my final word on this entire matter and no one will be responding on my behalf to any further comments on it by any party. Enough people have been hurt.)

 

OUR PRESIDENT’S SOBERING SPEECH

Posted in COMMENTARY-Passing parade, Links to Courts & Judges, Links to new justice, My Family and Me

Sunday, December 16, 2012

Newtown, Connecticut:
A grim Barack Obama made a powerful speech tonight from the Sandy Hook Elementary School auditorium, where he told residents not to lose heart in the wake of the devastating shootings that last Friday took 27 lives, including 20 children, 5 teachers, 1 school psychologist, and the gunman aged 20.

He slowly read the names of these innocent children, just 6 and 7 years old:

“Charlotte . . . Daniel . . . Olivia . . . Josephine . . . Ana . . . Dylan . . . Madeleine . . . Catherine . . . Chase . . . Jesse . . . James . . . Grace . . . Emilie . . . Jack . . . Noah . . . Caroline . . . Jessica . . . Benjamin . . . Avielle . . . Allison.”

The speech, it should be noted, came from his own hand and heart.

He then turned his attention to the living, which is where this column usually heads. It  should be read and thought about by everyone, but especially by Family Court judges, Family Court “specialist” lawyers, Family Court “child evaluators”, the justices on the Courts of Appeal, the justices on the State Supreme Court, and the mothers and fathers caught up in the throes of divorce and the, always, always, unavoidable betrayal of their children.

Obama said “This town reminds Americans what should really matter. . . ”

He pointed out that the nation is failing at what he called “our first task,” which was to care for the children of the nation.  “It’s our first job. If we don’t get that right, we don’t get anything right.”

He then asked: “Can we truly say that we are meeting our obligations? Can we honestly say that we are doing enough to keep our children — all of them — safe from harm? . . . a chance at a good life, with happiness and with purpose? If we are honest with ourselves, the answer is no. We are not doing enough, and we will have to change.”

We can’t tolerate this any more. These tragedies must end. And to end them, we must change. In the coming weeks, I’ll use whatever power this office holds to engage my fellow citizens, from law enforcement, to mental health professionals, to parents and educators, in an effort aimed at preventing more tragedies like this, because what choice do we have? We can’t accept events like this as routine. Are we really prepared to say that we’re powerless in the face of such carnage, that the politics are too hard? Are we prepared to say that such violence visited on our children year after year after year is somehow the price of our freedom?”

I hope I will be excused for focusing my thoughts on our living children – all ages, from young to old. They are still with us, they are not lost, and we still have a chance to get it right. Let this be a way of making amends for the dead.

Here is the full speech and text.

DISCUSSION

The result of what Adam Lanza did was evil, no question about that.

But was his intent evil? I don’t think so, because I don’t think that children are inherently evil.

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Parental Alienation, Syndrome or what?

Posted in COMMENTARY-Passing parade, Links to Courts & Judges, Links to medical sites, Links to new justice

URGENT UPDATE

December 14, 2012:
With the terrifying news out of Newtown Connecticut this morning, it is now more clear than ever that psychological profiling of any student demonstrating possibly dangerous behavior be ordered, and to hell with their personal right to privacy. When lives and guns are involved, emergency methods must be taken. It seems that these perpetrators are seeking closure of some kind. When that involves mass killing and the taking of their own lives, society is at risk, remains unprotected, and learns nothing.

It’s time the American Psychiatric Association got its act together. Let the ruling body immediately review the latest DSM-5, and “clean it up” to the extent of including a requirement that any individual inflicted with the pain of Parental Alienation (PAS or whatever)  HAS A FORM OF MENTAL SICKNESS. Until this is done, students wracked with overwhelming conflicts lurking in their inmost family relationships will continue to seek relief. It is worth noting that the first victim of this latest outrage by a twenty-year old male student was his sleeping gun-loving mother, and then on to the elementary school to take down teachers and babies. This happened in the peaceful Connecticut countryside community of Newtown. 28 people have died, including himself, and still counting!

[Piers Morgan on CNN publicized his opinions on gun violence, and incredibly, the NRA is asking for his eviction from the shores of the USA! This column appeared in MailOnline on December 30, the end of the year. He says it better than I could have done]

December 13, 2012:
I see in an article in the current Time Magazine (Dec. 17), a report on the new guidelines for Mental Illness. It summarizes the Diagnostic and Statistical Manual of Mental Disorders (DSM), used by doctors for their purposes and insurance companies, on which to base their decisions. The new features of the DSM-5 have just been approved, and will be published in May 2013. They’re just “cleaning it up” until then.

The article tells us that in the world of mental health, the Diagnostic and Statistical Manual of Mental Disorders is more or less the bible. Doctors use the DSM’s definitions to diagnose depression, stuttering, fetishism, schizophrenia and more than 300 other conditions. Insurance companies use it to justify reimbursements; without a DSM code, mental-health patients usually don’t get a dime. And the manual carries enormous cultural heft: when it stopped listing homosexuality as a mental disorder–after a 1974 psychiatrists’ debate in which being gay was deemed sane by a vote of 5,854 to 3,810–gay rights received a crucial boost.

Among the many conditions listed, those with affects caused by Hoarding, Bereavement, Binge Eating etc. are allowed; Aspergers and Autistics is a maybe, and Parental Alienation Syndrome is definitely not in.

Much has been written and much has been discredited in the efforts of Richard Gardner, who came up with it back in the early 1980s. But I’ve had personal reasons to revisit and rethink the case of Parental Alienation, and whether it rises to the level of a syndrome. There is a storm of controversy attached to it.

But first, what is a syndrome? Wikipedia comes up with this definition:

In medicine and psychology, a syndrome is the association of several clinically recognizable features, signs (observed by someone other than the patient), symptoms (reported by the patient), phenomena or characteristics that often occur together, so that the presence of one or more features alerts the healthcare provider to the possible presence of the others.

Let’s assume that you are a divorced or separated parent, and that your kid is firmly alienated towards you, one of the parents, and there is no underlying reason! By underlying reason, I mean that you, the alienated parent has no history of abuse, violence, or drunken behavior, and instead your behavior has always been loving and steadfast and caring, and, even better, you have always provided financial support for the kid without protest. And in fact, used to have an excellent relationship.

I believe that the condition has become hard-wired into the child’s mental processes, and is therefore a form of clinical sickness capable of being rectified.

Well, the DSMs say that, nevertheless, it is not an insurable condition. It may require medical intervention, or it may require counseling, but it’s only if you go along with their opinion and it’s your choice. As far as the courts are concerned, it doesn’t exist as a syndrome, or an identifiable medical condition, and will probably refer to the DSM protocol.

It is my view that, lacking any other probable cause, a syndrome IS operating. Professional intervention is not only advisable, but, bearing in mind the kid’s future workplace career and college education, should be required by any licensing authority, and even ordered to be tackled by the medical profession, the schools, and the courts. The official view seems to be that the individual’s and family’s right to privacy comes first, and the public’s right to be safe and protected comes second.

Whether the other parent, the one conditioning the child towards alienation, should be punished is a different issue, already in hand. That parent may well go to prison if the other one pushes for it, for the courts frown on that behavior. But if that happened, even such an order most probably will not release the child from his or her frozen mental state, might even make it worse (“So you put my Dad/Mom in prison? I HATE you”), and therapy will still be needed. Please, do everyone, and your child, a favor.

Fox News Blows the Whistle and Leads the Way

Posted in COMMENTARY-Passing parade, Links to Courts & Judges, Links to new justice

First we had the Catholic Church, then Penn State; now the Boy Scouts of America scandal is coming out, and next you will be hearing much more about the massive coverup of abuse going on in the family court system, supposedly our court of last resort, but in reality all too often, enablers of a continuing crime perpetrated on our children.

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Don’t Divorce Me! Kids’ Rules for Parents on Divorce

Posted in COMMENTARY-Passing parade, Links to Courts & Judges, Links to Media

This is HBO’s half-hour documentary, telling it from the kids’ point of view. It is being repeated through October, and should be watched.

Essentially, it is about hearing from the kids at home.

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EIGHT YEARS ON! is it really eight years?

Posted in Links to Cases & Litigants, Links to Courts & Judges, Links to legal, self-help sites, Links to new justice, MY EVICTION PICTURES, My FaceBook page, Subscribe

Me looking dazed after meeting Piers Morgan and Jerry Springer at the Britweek dinner at the Beverly Wilshire

Yes. It is now eight years since I started this site. My readers (I have a few, sustained without the help of advertisers) will have noticed that I am surrounded by eminent law-firms, and that this site is hosted by a very successful entrepeneur under the name of Lexblog. Why am I allowed to continue? They are not, after all, my peers, or at least, I am not one of them. So what am I? Do I serve a purpose, and why am I being allowed to continue? Continue Reading

Richard Fine, Found Guilty of Moral Turpitude?

Posted in COMMENTARY-Passing parade, Links to Cases & Litigants, Links to Courts & Judges, Links to new justice

Our friend Richard Fine, (ex-Esq.) sat in one of the worst jails, the Men’s Central jail in Los Angeles, alone and ignored for a year and a half.  He believed in a cause, the cause of honesty and fair dealing by the exalted arbiters – Judges – who hold sway on the lives and well-being of our citizens.

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D.A. Cooley obliged to institute lawsuit to recover money paid to Judges

Posted in COMMENTARY-Passing parade, Links to Courts & Judges

Sterling Norris, an ex-D.A., was perhaps best known for going after the criminal behavior of serial killers, the best-known of them being Ted Bundy.

Now he works for Judicial Watch, the public interest watchdog that looks after the best interests of the common public.

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ANN O’NEILL, LOUISE ROUG, GINA PICCALO

Posted in COMMENTARY-Passing parade, Links to Courts & Judges, Links to Media

Wikipedia would consider the LA Times to be a “reliable source” in their category “Biographies of Living People”. After all, they were the only ones attending the trial to report on it. So let’s analyze the newspaper’s report, forensically, for the sake of the record, just to investigate whether they are reliable. This is what I wrote immediately after the news appeared:
March 13, 2001
These were the low-lifes that the Los Angeles Times was responsible for concocting this story, although only Roug covered our trial.

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The Self-represented fool

Posted in COMMENTARY-Passing parade, Links, Links to Courts & Judges, Links to legal, self-help sites, Links to new justice

This site is happy to publicize the work of Natalia Sidiakina, for the enlightenment of the public, and in the interest of attaining justice in this country (if indeed that is even possible.)

Link to many items on this subject here in "The Self-represented fool".

Goldman Sachs meets a Senate subcommittee

Posted in COMMENTARY-Passing parade, Links to Courts & Judges

The public is getting an education on how the stock markets work. The Goldman execs are being asked awkward questions, the over-riding one being "Does Goldman Sachs owe a duty to its clients?"

This question is a little like "Have you stopped beating your wife?"  Right now I’m watching an explanation of the meaning of hedging and going short, an attempt to shed light on the mysteries of Wall Street. The real question is one concerning a built-in conflict of interest. "Does Goldman Sachs owe a duty to itself". Goldman Sachs has clients, and also makes markets. The result is inevitable.

A comment on the usefulness of Subcommittee probes: I’d like to see the entire Supreme Court arrayed in front of a Congressional subcommittee. I’d like to see them asked questions about what lies behind their frequent determination that a plea before them be dismissed without explanation, just a bald-faced straight denial. One of their own, a lawyer, sits confined in a jail cell for over a year (read below). He has pled before this court of last resort that he be released immediately, over the objections of Judge Yaffe, whose sentence is suffused with the demands of self-interest, on behalf of all of the Los Angeles judges. And Justice Ginsburg (a woman) is silent.

We need to revise the rules.  The court of last resort is, and should be, the lawmakers who sit on the Hill. And the White House.

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JUSTICE GINSBURG’S EVERLASTING SHAME!!

Posted in Links to Courts & Judges

Monday, April 26, 2010.

So our revered "Supreme" Court let it be known today that they weren’t in the least bit troubled by Richard Fine’s imprisonment, now for over a year in solitary at Los Angeles’ notorious Men’s Central jail, nor for the loss of his license to practice law.

The order, issued today under case number 09A827 (09-1250), states

FINE, RICHARD I. V. BACA, SHERIFF, ET AL. The application for stay addressed to Justice Ginsburg and referred to the Court is denied.

So now what is our answer to those other powers who jail their political prisoners? For make no mistake, that is what Richard is. Do we practice what we preach? Are we stain free? This will make Americans sick, a cowardly response to the lower courts’ intransigence. I hope a band of "ladies in white", headed by his daughter, will patrol outside the jail, until justice is seen to be done.

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Victoria Fine pleads for her father to the Supreme Court

Posted in Links to Courts & Judges

Consider this a guest column:

Dear Justice Roberts, Justice Ginsberg and U.S. Supreme Court En Banc,

My name is Victoria Fine and I am the daughter of Richard I. Fine, whose fate you will determine in your upcoming conference on April 23, by considering his case Richard I. Fine vs L.A. County Sheriff Leroy D. Baca.

I am writing to you to ask you to release my father from the horror he and my family have endured during the last 13 months of our lives. He has raised me to trust in our country’s justice system to uphold freedom, democracy and moral right. I admit that as of today, as my father sits in solitary confinement, I have very little faith left in our American system. But now, as I write to you, I place that faith in your hands to make the decision that will free my father and send him home to my mother and me.

I cannot say I can make a decision better for America than the Justices of the Supreme Court of the United States. But I can tell you what this decision will mean to my father, to my family and to me.

My father is staunchly moral, aggressively inquisitive and has the most precise intellect of any person I have known. He is a person who sees the right and wrong in black and white but who will always consider the opinions of those who think differently than he does. He is a man who believes no matter how dire your situation, the world will turn to meet you in the middle if you face it squarely. He is a man who, until this last year, was a lawyer and a diplomat and an active citizen in his community.

He is a man who, until this last year, donned a suit and bow tie each day with pride, ready to enter a court to fight for a cause he believed in.

My father has been at every important event in my life until this last year. His time in solitary confinement has made it difficult for him to be the father I have known for the last 24 years. I can’t call him when I need advice, or support, or when I need to hear his voice. When I visit him, he is not the man I know, a great man, a proud man. In jail, he is a 70-year-old man with failing heath and the only thing I recognize is his optimistic smile. I have not held his hand for a very long time.

In my father’s absence, our family has been fractured. My parents have no livelihood, no home, no future until my father is released and his legal license restored. My mother and I look towards the future and face only a huge and gaping question mark.

Please remember, that as you review my father’s case on April 23, you are considering the future of a man, not a policy. You are considering the fate of a father, a husband, a friend and a deeply concerned citizen, who has dedicated his life to upholding the decisions you make in your court.

Thank you in advance for your deep and thoughtful consideration of this case.

Sincerely,

Victoria E. Fine

(We shall look forward to seeing how the Justices respond to her direct plea.)

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Richard I. Fine’s first anniversary

Posted in Links to Courts & Judges

MORE BREAKING NEWS!!

Mr. Fine’s daughter Victoria Fine is letting it be known that there will be a rally in front of the dreaded Stanley Mosk Courthouse on Tuesday morning April 20 at 7:30. This will be, for me, my very first rally.

A Facebook page has been created with the battle cry FREE RICHARD I. FINE!

We’ve been waiting for a very long time for this. Richard Fine may not have sat in Men’s Central Jail‘s solitary confinement for over a year in vain. Let us hope his cause will catch fire. The integrity of our justice system is at stake. This article, written by his daughter Victoria who works for the Huffington Post, explains in great detail, under the title MY DAD TRIED TO RIGHT A WRONG.

BREAKING NEWS!!

April 9, 2010

The U.S. Supreme Court has agreed to consider the merits of Mr. Fine’s protest against his coercive confinement for more than a year in solitary, having failed to convince the state’s Supreme Court, and also the 9th Circuit Court of Appeal to release him. The conference hearing will be held April 23. Hopefully, he will have his license to practice restored (see below). He may be one of the few attorneys left capable of acting with the integrity and transparency of a Pro Per. Read Troy Anderson’s report of this most important development.

March 4, 2010

Let us all salute (now disbarred) attorney Richard I. Fine, for today, March 4, 2010, marks the FIRST ANNIVERSARY of his solitary confinement in an L.A. County jail for the crime of challenging a judge in the course of a courtroom procedure. The details can be found here and here, and is a cause for bewilderment and shock. Judicial Watch, the ACLU, and other watch-dog agencies have their work cut out, in order to correct this astonishing abuse of judicial power.  Whatever happened to the writ of Habeus Corpus?

Me? I was jailed for 24 hours by Judge Gold one day before I was to start defending myself in his Family Court.  But this senior gentleman, Richard Fine, now starts his 366th day in solitary confinement, where apparently he can’t now chew his food, having lost his teeth.

Thoughts on the US justice system

Posted in Links to Courts & Judges

I am frequently contacted by pro se (aka pro per) would-be litigants, asking for advice. Of course, I tell them I am not an attorney and cannot give advice. That market is cornered by licensed attorneys. However, there are numerous "self-help" sites, claiming that if you get the procedures right, you’ll be fighting your opponent in court on a level playing field.  That promise is a cruel joke.

The pro se goes to court thinking that the judge will act as a sort of umpire, or referee.  A session in chambers might even settle differences, but the pro se is never invited into the judge’s inner sanctuary, while an attorney is.  Court rules only, and you’d better know what you’re doing.  The pro se is put under oath, and the opposing attorney is not (in fact, the client may not even be there.)  And if the smart attorney opposite you sneaks in a few hearsay comments on behalf of the non-appearing client, it’s assumed by new-comers that the judge will call a foul.  But it doesn’t work that way, and if brought to the attention of the court of appeal by way of a writ, it will be ignored. And so the outraged pro se seeks to have the judge replaced, and the same judge looks at the motion and denies it.

The system as it is set up gives judges huge leeway, and one might be forgiven for thinking that there are 2 groups, one consisting of "good, fair-minded" judges, and the other of "bad, corrupt" judges. I have come to believe that they are all the same. If a visionary judge sets out on the path of true justice, it won’t be long before the temptations strewn about the office overcome any chance of their continuing on that path. Money is the goal and sole objective, quietly distributed among associated disciplines, and taking place under a cloak of immunity. And what kind of a deal is THAT?

It is my belief that the U.S. system, especially as it applies to Family Court and Probate Court, needs to be fundamentally reformed.  As it now exists, it is open to charges of corruption, even to the point of bearing signs of a RICO ("if it walks like a duck, and talks like a duck…" well, you know).   And if you think that any D.A. in the country is going to investigate, think again.

I now bring you the following dissertation on the subject, and it should be read thoroughly from beginning to end, because it makes its points and provides authorities in a sound and reasonable manner.  It deals with the real world as it is, not the virtual world of our Constitution, which is studiously ignored all the time. It’s headed "bad judges", but I think the word "bad" should be removed. And suggestions on improving the judicial appointments system are made.

My site stands for REFORM, and is intended to get people thinking. There’s a groundswell of unhappy self-represented near bankrupt litigants, and it is time for them to get out of their chairs, and as Howard Beale said in the movie Network:   "I’M MAD AS HELL, AND I’M NOT GOING TO TAKE THIS ANY MORE!"

This will link you to the article here.  Read it and be stunned. And let me hear from you.

Broadway success, but what really happened?

Posted in Links to Cases & Litigants, Links to Courts & Judges, Links to Media

It’s my birthday today, which reminds me of another birthday, spent in jail. There was some interest from the press at the time, and I consented to be interviewed.

It was with the respected Los Angeles Times. What they did to me gives the best example of why the press is not to be trusted, if they have an agenda, which they usually do.  It set the tone for me up until the present time.  With Nightingale, Lynn Redgrave seeks to continue the spin. And she doesn’t grant interviews, a normal process in the promotion of a play.  What the lawyers did, some might say was foster criminal fraud behavior, covered up by the courts and the L.A. Times.  So read this, and let’s not hear any more of the nonsense in critics’ reviews:

 

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The $436 question

Posted in COMMENTARY-Passing parade, Links to Courts & Judges

 

Spent the day before the long Labor Day weekend in traffic court. I had received in the mail a picture of me at an intersection at the wheel of my car, from the front and rear, showing the license plate number. There I was, stopped behind the line, as the light had turned red. Next picture was of me making a right hand turn, (from Sunset on to Cahuenga, which was permitted). This was witnessed, and the fine was $436, send it in by (date). The witness? 2, maybe 3, video cameras.

I spent half a day in the line down at the courthouse giving them a check, and a demand that I wanted to go to trial on this. I felt, and continue to feel strongly, that we do not (yet) live in a police state. If it’s ok to put its citizens under surveillance, I’m not so sure I wish to continue to live here. 

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Georges Marciano & Judge Elizabeth White

Posted in COMMENTARY-Passing parade, Links to Cases & Litigants, Links to Courts & Judges

I don’t know Mr. Marciano, never met him, and I don’t wear Guess jeans.  I also have no interest (yet) in his run for governor of California.  So why do I bring him up here?

Because, folks, what he’s doing will be of enormous help to pro pers and pro ses everywhere, so pay attention.

He was in, and because of the heavy-handed actions of another gorilla judge in Los Angeles Superior Court, is now out, of a lawsuit, and it’s costing him a default judgment of millions of dollars which includes punitive damages. And by the way, I have no feelings about the merits of the case he got involved with one way or another, because it hasn’t come to trial, and I can’t examine it.

Unlike most self-represented defendants, he is a multi-millionaire (he and his brothers founded Guess? Jeans), so he uses powerful lawyers who smell his money and will work hard for him (maybe). Here’s what I know:

1. He is Jewish, not a wannabe jew like me, and like Madoff, not afraid to attack other jews. By that I mean that Madoff treated everyone as equals.

2. He is not a celebrity, so the celebrity factor is absent.

3. When he writes to Governor Schwartzenegger, he gets a reply, unlike me who was ignored.

4. Judge White will not dare send him to the Twin Towers to prevent him showing up for his court date, unlike what Gold did to me. On my birthday, too. Judicial abuse. Elder abuse. Terrorism run amok in Family Court, tolerated by the authorities. Unless you’re profiled as part of a socio-economic minority.

5. I couldn’t afford to sue Judge Arnold Gold. My lawyers took all my cash (over $600,000), and Gold evicted me from my mortgage free home to raise more cash which he then gave to the other side’s lawyers. He left me with less than three thousand dollars as my community property share of the proceeds, after looting my family’s inheritance. Read all about it on this site.

My life is too short, and besides, he already gave me a heart attack. And as a pro se, I would have continued to be treated with contempt by the American justice system, the media, and the L.A. Times.  I would have been thrown out of court, possibly to spend what’s left of my life on the sidewalk.

Marciano is suing judge Elizabeth White in Federal Court, and also accusing California Supreme Court Justice Ronald George of ignoring Constitutional guarantees. Ron George must be taking notice, and getting a little nervous, especially as Marciano hired Ron George’s son as his lawyer. Brilliant move. Hope it doesn’t backfire at the California Supreme Court level, George would have to recuse himself. Too obvious a conflict of interest.  Same goes for the Judicial Council, who oversee the ethics of not yet "retired" judges.  Stay tuned for this, could be a lot of fun.

So, read all about his Constitutional case on Marciano’s website.  It’s full of really useful information. Put it in your Favorites folder.  And remember, he’s paying millions to his lawyers, and the other side’s lawyers.  It won’t cost us a cent! We’ll be intellectual piggy-backers!

We applaud what he’s doing, and we support his cause. Let him know that we do, he supplies his personal contact numbers.  Let’s hope he’s successful with his appeals, reverses judge Elizabeth White, and gets into court so his case can be heard.  And if he’s still up for Governor, we might even vote for him. For sure he’d check new judge applications closely for their mental health, job suitability, and worthiness to be paid out of our tax dollars.

GEORGES MARCIANO

Filed paperwork

I have one message for Mr. Marciano. THIS IS RIVETING.  GO FOR IT!  WE’RE WITH YOU AND WE’RE WATCHING THIS FASCINATING POWER PLAY… AND WAITING FOR OBAMA TO GET INVOLVED …

 

 

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Whistle Blowing in the Wind

Posted in COMMENTARY-Passing parade, Links to Courts & Judges, MY STOCK MARKET

Today the New York Times printed an op-ed article with the headline The End of the Financial World as We Know It.

It tells the story of how a gentleman by the name of Harry Markopolos, a savvy expert on the workings of the stock market and hedge funds, an investor himself, and having nothing to gain except perhaps an unwanted label, figured out that the now infamous Bernard Madoff, ex head of NASDAQ, could not possibly claim such consistently high returns for his clients.  The promised profits have revealed themselves to be losses, perhaps as high as fifty billion dollars. But too many people were making money, and nobody seemed interested in helping to bring the good times to an end. Meanwhile, what had been preoccupying the country’s legislators in Washington, where regulatory solutions lie, appears to be how best to vote themselves a raise.

It’s much like the U.S. Civil Justice system, which is what this site attempts to probe, where the public can’t afford to hire a lawyer.  Conflicts of Interest are similarly embedded in a system where supposedly neutral judges are drawn from the ranks of highly biased and profit-motivated lawyers. Again, the ol’ boys network.  It’s time a sea change took place there too. Judges are judges and lawyers are lawyers, they have different mind-sets, and they should be kept apart and trained differently from the very beginning of their careers. Judicial regulation is lacking there too. And again, the Chief Justice in Washington’s preoccupation appears to be how best to vote raises for judges.

 

9th CIRCUIT CHIEF’S PORN WEBSITE

Posted in Links to Courts & Judges

Appellate judges in the United States occasionally hear criminal cases at the District Court level when they have free time on their calendar, and by chance Chief Justice of the Ninth Circuit Alex Kozinski was randomly given United States vs. Ira Isaacs, a pornography case which will be based on Miller vs. California  (1973), which deals with local community standards. Isaacs is accused of selling and distributing videos depicting bestiality and other beastly images. Right now they are in  the midst of difficult jury selection (nobody wants to view the videos in evidence.) But not so fast!

The L.A. Times this week broke a story concerning pornographic content found on a personal and publicly accessible website maintained by Judge Kozinski, which raises conflict of interest issues. The site has now been locked, but according to the Times, the material included a photo of naked women on all fours painted to look like cows, a video of a half-dressed man cavorting with a sexually aroused farm animal, images of masturbation and public and contortionist sex, a slide show striptease featuring a transsexual, a series of photos of women’s crotches as seen through snug fitting clothing or underwear, and content with themes of defecation and urination. Questioned about the content, Judge Kozinski told the Times that some of the material was inappropriate, although he defended other sexually explicit content as "funny." The Times in its headline story today states that Kozinski granted a 48 hour stay before the commencement of trial after the prosecutor requested time to explore "a potential conflict of interest concerning the court having a … sexually explicit website with similar material to what is on trial here."

The American public, along with the rest of the world, is discovering yet again that the mask of office which adorns authority’s face is but decoration, and fails totally to hide the other.

The Supreme Court – just Right or just Last?

Posted in COMMENTARY-Passing parade, Links to Courts & Judges

Now that their season is over, law professor Brian Fitzpatrick wrote an opinion piece appearing in the L.A. Times concerning the fact that during their last term the right-of-center Supreme Court had reversed or vacated the left-of-center Ninth Circuit 19 times out of the 22 cases it reviewed, and concluded that the appeals court might not have been doing a very good job.

Brian Fitzpatrick

Then former law clerk Julia Campins weighed in with a letter to the paper about what she calls "bully jurisprudence".  She pointed out that the Supreme Court isn’t last because it is right, but is right because it is last.

her letter

For me, that put everything in its proper place.

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TESTING JUDGES

Posted in Links to Courts & Judges

I have witnessed many cases of court ordered assessments of children by means of a 730 evaluation by a court appointed clinical psychologist.
There are cases, too, where an MMPI-2 personality test is brought in as proof that a father, or mother, is a fitting person to have un-monitored association with a child, their own, even.
Nowhere do I see any kind of test being brought in as proof that a man or a woman is a fit person to judge people. Judging is not just about the what of man-made law, it is perhaps even more about the why of God-given human behavior.
The current list of legal qualifications for those aspirers should be augmented, and the California Constitution should be amended by the legislature to take care of this omission. California Constitution-Judicial. Examine especially Articles 6 and 13.
Judges are, for all of us, the common Gods upon which all of the world’s societies rely. They have the penultimate meaningful word to order our fate, prior to the ultimate word, which is unknown at this time: what happens after death? And yet their own mental health is ignored. It is way overdue to put that right.
I here propose that all people who aspire to, and apply for, a judgeship first produce the results of a Minnesota Multiphasic Personality Inventory (MMPI-2) test, and an interpretation and report from a clinical psychologist licensed by the High Court. These documents are not unduly expensive to come by, perhaps no more than $5,000. They should be mandatory before any judge is unleashed to preside in Family or Probate court.
If this were to happen, we the People, would have been spared the judger who had sex with a defendant, the judger who masturbated while on the bench, the judger who kept pornographic child images on his computers (yes, as those who keep up with such things know, these things all actually happened), and the judger who makes rulings that seem to fit in with personal controversial past life views and happenings.
However, because there are thousands of situations where lawyers act pro tem as judges, there should be a Commission of Inquiry set up by the governor first, to determine the mechanics. I would be happy to testify. After all, why wouldn’t a “straight-shooter” of a judge not want to satisfy those who come before the bench seeking his (or her) transparency? This would be a happily worn “badge of office”.
Let this question be put on the ballot for us to decide at the next election.