How You Know the Fix is In—-Some thoughts

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If you are a lawyer, you get a sixth sense about corruption and fixed trials.  I remember being in court in a divorce when an attorney walked up and gave his name.  He expected the fix to be in.  The judge was not understanding his role.  The lawyer said, “Don’t you know me?”  The judge answered, “no, I do not know you?”   He ruled against the lawyer.  I am told the lawyer got  someone to run against the judge and financed him and defeated the judge in the next election.  He came back before the judge and said, “Your Honor, do you know me now?” 

I had a case in Michigan in which it appeared that the jury was sympathizing with me.  The judge sua sponte  took the case from the jury and ruled in favor of Dittrick Furs for no apparent reason and never gave one.  After his ruling, the owner of Dittrick Furs walked up to him and said, “Thank you, your honor, have your wife to come to the store and ask for me personally.”  He walked up and personally shook the judges hand.  In another case in Michigan, the judge refused to grant me a default judgment even though I presented all of the evidence for a default judgment.  I had the green card with the signature of the party and I recognized her signature. All of my documents were removed from the record and left in the District Clerk’s office including the green card on my appeal.  I drove to Lansing (the appeals court) and read the file when I read the opinion which did not make any sense.  Then I checked the District Clerk and found the documents were in the District Clerk’s office and had been removed from the record.  I do not know who removed the documents from the record but I have my suspicion that it was the judge or someone in the clerk’s office was corrupted.  This would not explain why my documents were removed from my pleadings that I sent to the Appellate Court and why my documents were altered by the someone with the court.  Additionally, in a custody matter in Harris County, the order of the court and all of the documents filed in the hearing were removed from the record and the clerk could not find the documents to prepare a clerk’s record for appeal.  This has happened too many times to count.  The court reporters deliberately destroy records in Texas Courts.  Something has to give.  In criminal cases, the court reporters remove all of the defense attorneys objections so that the defendant is denied appellate review.  When I interned at the 14th Court of Appeals, I would do pre-submission memos.  I would read every scrap of paper in the file.  We would meet with the judges for a conference.  Later, I would read the decision and would not be able to recognize the case.  The judges had added facts and evidence not in the file or record to make their decision. This was not allowed per the rule, but was routinely done.  This is how you know the fix is in.  The case is not decided on the record or the facts of the case but on ex parte contacts and information or facts outside the record.  The fix was in.  One party just did not know it.  This has to stop.  In my criminal case the evidence that the fix was in was overwhelming.

     First, the sworn testimony on the record of Lt. Arnold at the hearing to set bail for appeal was that the three judges signed an order for a subpoena based on a large stale, out of county check, that the police had found in Miss Mayfield’s home  without a warrant.  He stated that “we  had to engage in warrantless searches  in order to obtain evidence to sustain a warrant.”  The check was found in my home in a warrantless search a week or more before the subpoena was signed and three days before the search warrant was issued.  This was Lt. Arnold”s sworn testimony on the record. The trial  judge Steve Smith agreed stating, “there had to be evidence to support a warrant” and did not dispute Arnold’s testimony.  Thus, they knew this evidence was barred from use by the Texas Penal Code as it had been obtained in violation of my civil rights.  This check was the centerpiece of the state’s case and was used as an extraneous offense and no notice was given prior to trial despite numerous requests.  Additionally, the prosecution seized my e-mail file and concealed it until the middle of the trial.  Yahoo testified that it did not respond to my subpoenas because they were under the impression that if law enforcement was involved, they did not have to respond to my subpoena.  The trial judge refused to conduct pre-trial hearings unless I would agree to plead guilty if he ruled against me.  The e-mails from the Wachovia Bank’s fraud unit and myself and the fraud person’s telephone number were concealed from me by the prosecution.  The trial judge ruled that no notice was required and none was given by the prosecution for extraneous offenses.  I was not even allowed to see the evidence in the case and I was the lead attorney.  I was never allowed to have notice of the tape recording used prior to trial or have a copy of the recording at any time.  The Tenth Court of Appeals ruled that it was not error for the trial court not to require notice or to give me a copy of the tape prior to trial which I had requested.  The Court stated in its ruling that I should not be given notice or a copy of the tape because ” I should know what was on the tape and exhibits  anyway.”  There was no authentication  of the tape made or chain of custody. There were no written Miranda Warnings ever given.  Additionally, I requested counsel and told him I would not talk unless counsel was available.  My son was questioned without notice to his attorney when the police knew that he was represented by counsel.    The record indicates that the prosecutor sneaked four tapes to the jury and I was not told or given a copy of the tapes.  It is clear to me that the reason that they never gave me a copy of the tapes is that the tapes were manipulated and it was not my voice.  I would have  known that the tapes were altered if I had been given a copy.  All appellate courts ruled that not giving me a copy of the tape and notice of it prior to the trial was not error.  Also not being able to see the evidence admitted into the record by the prosecution was not error.  Even the United States Supreme Court agreed that this was not a violation of due process or a Sixth Amendment violation of denial of counsel evidenced by their denial of cert .  The fix was in.

I was labeled a terrorist by someone.  Therefore, the Texas Penal Code, the Texas Constitution, Bill of Rights and United States Constitution and federal laws did not apply to me.  Thus the attorney-client privilege, privacy acts in banking and education did not apply to me. Also, this meant the courts did not have to review my case because it was listed as a national security issue or so someone told me. 

Secondly, under the Texas Banking Statute, I had no liability for endorsement for the twelve checks that my bank assured me were good and then told me a month later were not good because they were not presented for payment to American Express within 60 days of my deposit with the bank.  Thus, I have committed no crime in Texas.  I spent 31 months in prison and jail for forgery of a financial instrument which the statute says I have no liability for endorsement as liability had been discharged before arrest.  Thirdly,  I was arrested, indicted and encarcerated for four month with a bail of $20, 000.00 per count  for 42 checks and money grams that were found in sealed envelops under my mattress and in my legal files in a sealed UPS envelop seized without a warrant for a search of my home and no warrant to search my sealed mail which were more than six months old and could not be cashed by anyone as the numbers on them had already been turned in the fraud divisions of their respective financial institutions .  The bond for all charges was over a million dollars.  The amount of the checks that could be cashed and were cashed was $5800.00.  The checks were sent to me in the mail for my clients by their U.S. customers.  I only received these checks in the mail and they never left my home.  The court refused to set a bond reduction hearing for four months; then reduced the bond to $490,000.00 which no local bonding company could write at the time.  Thus I was on a “no bond” status for $5800.00.  The fix was in.  This information was concealed from the jury.

Fourth, all of the prosecution witnesses including the Secret Service Agent Napolitano committed perjury.  For example, Napolitano testified that I had been living a criminal life for ten years but never stated what that criminal activity was other than to say that I had been operating as a Social ‘Worker and lawyer.  I was a licensed attorney and Social Worker at the time of the trial and had been licensed as a Social Worker since 1979 and as a lawyer since February, 2000. He also testified that I should have put the checks found under my bed and in my legal files in my bank account instead of calling to verify the funds over the phone and not doing anything with them.  He was advocating for me to commit forgery in the state of Texas per this testimony which I did not do.  He stated that I should turn my clients customers in to the police.  Lawyers only have a duty to report future crime and not past crime and the attorney-client privilege belongs to the client and was  not waived.  He was lying to the jury.  He knew the law and was lying about what he knew and this was extremely prejudicial.  The judge allowed this testimony over my objections and did not require notice for expert witnesses on the part of the prosecution and denied defense motions for a continuance.  The prosecution gave notice by putting a slash by their witness’ name after the jury was sworn.  The 10th Court of Appeals ruled that this slash by the name after the jury was sworn was sufficient notice. Additionally, the trial judge would not allow a Daubert hearing or voir dire of the expert before the testimony stating that the cross examination would be sufficient.  The 10th Court of Appeals ruled this was sufficient even though the rules were violated. The fix was in.

The trial  record was altered and the entire hearing of my objections and the court’s ruling was removed from the record by someone.  The 10th Court of Appeals denied five motions to correct the transcript and to refer the case to the trial court for correction of deficiencies by denying all of my motions and ruling that the motion to remand the case to the trial court to correct the errors was moot.  The court then created its own record and I was not included in that process.  There appear to be seven trial transcripts and three opinions that have been issued by the 10th Court of Appeals in this case.  I was only served with one order and it was destroyed by the Texas Court of Criminal Appeals or the 10th Court of Appeals.  The Texas Court of Criminal Appeals stated that it did not image my petition for discretionary review and returned it to the 10th Court of Appeals.  I paid for two records from the 10th Court of Appeals in 2012 and 2014 and both records were different from the record that I filed.  Even the opinion of the 10th Court of Appeals had been destroyed and rewritten.  Additionally, the records that the District Clerk in Brazos County had sent to me as the trial record had been altered several times. Approximately seven trial transcripts exist. The FIX WAS IN.  The 10th Court of Appeals presented me with a document that was supposed to represent what I had filed in the Texas Court of Criminal Appeals and only the signature page appeared to be mine.  The document had been totally altered.  I did not recognize it as the document I filed with my exhibits.  They had all been altered. Additionally, Brazos County seized all my funds and assets making me indigent.  I was never given an indigent record.  In all cases, the United States Supreme Court has ruled that this alone is denial of due process as the defendant is not given a complete enough transcript to make the mandatory appeal.  They ruled differently in my case.  The Fix was in.

Both witnesses for the bank committed perjury.  One witness gave a sworn statement that I had deposited 14 checks on 12/27/06,  another witness stated that I had deposited two checks on 12/23/06.  I did not make a deposit on any checks on either of those days and they presented no proof such as a picture of me making a deposit, deposit slips, etc.  The bank records do not indicate a deposit was made on either day nor were any checks cashed on either day.  There was also a sworn statement that I cashed checks on January 7,2007.  Only Lt. Arnold gave testimony about the January 7, 2007 checks and I objected on the grounds of hearsay and this objection was sustained by the judge  There were only 14 total checks. The total value of those checks was $7000.00.  The value of twelve of those checks was $6000.00.  The bank took $200.00 from my account.  So for only $5800.00, I was held on a bond of over one million dollars.   I only deposited twelve checks at any time which was approximately December 18,2006 after being assured the checks were good and had been verified by the bank. I did not cash, deposit or transfer any checks on the days cited in the indictment of December 27, 2006 and January 7,2007. Both witnesses committed perjury in their sworn statements.  The President of the Board of Director’s of First National Bank of Bryan was the owner of the Bank and the Judge of the 272 nd District Court. The judge did not recuse  himself. The judge signed the order for my out county records from Wachovia Bank and for copies of my e-mails and the prosecution concealed them from me and did not give me copies.  I did not learn until after the trial who had obtained the copies of the records.  Additionally, the 10th Court of Appeals stated in its opinion that I had cashed a counterfeit check two years before.  This was a total lie and falsification of evidence. No check was presented in the trial below that was counterfeit two years before by the prosecution.  The only check the prosecution presented in the trial that had been cashed was a cashier’s check drawn on Bank or America as a retainer in a divorce.  I was present when the check was obtained and cashed.   Moreover, one of the judges of the 10th Court of Appeals was the first or second cousin of both court appointed attorneys and he did not recuse himself.  He did not recuse himself even though ineffective assistance of counsel was an issue.  I had never cashed a check or deposited a check that was cashed and was counterfeit anywhere in the universe before this alleged incident. The fix was in.

There was no probable cause for the search and all courts ruled that no probable cause was needed or the probable cause did not require illegal conduct for the search.  Lt. Arnold stated at the Motion to Reduce Bond that the FBI gave him the Suspicious Activity Report (SAR)which he used for the basis for probable cause.  The SAR admitted into the record was a forgery and was not signed.  One of the SAR reports listed Harold Thomas as my son.  Harold Thomas never wired any funds at Woodforest Bank for me and he was not my son as he was my same age or older.  I could not be his mother. He was caucasion and I was Black.  Additionally, I recently sued the Eagle Paper and KTBX  TV and Gray Communication.  They produced a probable cause affidavit of Lt. Arnold in which he stated that I admitted that I had been cashing checks for a percentage since 2001.  This was perjury as we had never had any such conversation, I did not own a computer in 2001 and did not have a personal e-mail separate from my job where I could have been fired for personal use of my e-mail.  Additionally, I have never agreed to cash checks for a percentage for anyone and have never done so.  This was perjury on the part of the police for probable cause.  The 10th Court of Appeals in its opinion stated that even though probable cause was not in the four corners of the Search Warrant and Affidavit the trial court did not commit an error in denying my motion to suppress even though Lt. Arnold stated that “we engaged in searches for several weeks without a warrant in order to obtain evidence to sustain a warrant.”  The 10th Court of Appeals ruled that the legal wires were sufficient to support probable cause.  Illegality was not necessary.  All appellate Courts including the United States Supreme Court ruled that this was not error.  THE FIX WAS IN.

All courts ruled that no notice was required for extraneous offenses despite requests for notice and for expert witnesses to be declared. The notice that was in the record was dated July 31, 2008.  I was sentenced July 29, 2007.           THE FIX WAS IN.   

More than 65% of my objections were deleted from the record and no hearings were recorded in the transcripts.  All appellate courts ruled this was not a denial of due process and was not error and did not deny me appellate review in being deliberately deleted from the record by someone.  THE FIX WAS IN.

When the lead attorney in the case is not allowed to see exhibits admitted into the record or to have a copy of the tape admitted into the record and all courts agree that this is not error.  THE FIX IS IN.

When the court refused to allow my fact witnesses who were FBI agents and a Secret Service Agent to testify who had been subpoenaed, and allowed State witnesses to give expert testimony who had been declared by putting a slash by their names after the jury was sworn and one witness was a Secret Service Agent who had not been declared or “cleared” before his testimony.  THE FIX WAS IN.

The state appellate and federal courts determined that incarceration, pending charges  and being on bond was not “in custody” to allow or permit review of my case.  THE FIX WAS IN.

When the 10th Court of Appeals allegedly wrote five different opinions in my case but only served me with one opinion and all copies of that original opinion have been destroyed and my home has been burglarized and all files stolen of the original opinion and records of the case.  It should be noted that all of my original documents filed with my Writ of Habeas Corpus in federal court have been destroyed and new documents written by someone including the order of the 10th Court of Appeals that I filed.  No one has an explanation as to who destroyed my original documents and who placed the altered and falsified documents in the record. The U.S. District Clerk never “imaged” my petition for writ of habeas corpus that I filed in the court.   My originals were destroyed and not returned to me.   THE FIX WAS IN.

I cited sixty three points of error in the trial below and seventy three violations of the United States Constitution, federal laws and treaties.  All federal courts ruled that even though I filed the Writ of Habeas Corpus seven months before release and was still on bond, this was not “custody”  enough to warrant review. My case was going to be an exception to the rule.  The 5th Circuit judge ruled that internet or online research was the basis of his decision.  The Texas Court of Criminal Appeals stated they did not image my documents filed. The records for my writ applications per the Texas Supreme Court was recorded but the 5th Circuit  reported that he saw no history of this filing.  Someone is prevaricating  here.  So 5th Circuit researched documents that they knew had not been imaged and made a ruling on blank records.  They did not indicate that they sent for copies of the record to make their review or called to obtain records or why they did not read or rely on the pleadings before them. This was a farce.  You really knew it was a farce when the case they cited as the basis for non review indicated the case on the facts which were almost identical to my case should always be reviewed.   My case was not reviewed.  My writ of habeas Corpus filed in federal court was destroyed and new documents put in its place including the original opinion of the court of appeals and my exhibits.  THE FIX WAS IN.

I believe the courts thought that they would doctor up my records and I would go away.  They should have asked someone about me.

 

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