Saturday, January 23, 2016

minute by minute- Case 8CA10541 - 2008

Work in progress. just the criminal trial minutes and then how the restraining order frauds would factor into the malicious prosecution...

 


Before taking it court date by court date or "pretrial hearing" let's look at the entry that describes the events before the arraignment and then the many court dates to follow.



Note that the these minutes were the last one's I picked up from the court.
Anyone looking would think an arrest took place that relates to the initial filing of the charge. We'll get back to that later because it requires a lot of context and then it would require legal knowledge that I don't even have.

Let's skip the top part -  but please note that the arrest and bail listed are t dated a year and four months after the charge. I'll just say that there was no arrest or bail set(other than own recognizance) related to this charge or any charges to come. That sounds confusing and it is, but will become clear much later on.




 Case filed:
 August 25th 2008- one count- 273.6(A) - Violation of a restraining order

Well, this is the document that arrived in the mail to tell me that such a file was charged.... UH.... after the letter was sent



As you can see a charge is filed but a letter sent predates the filing -


And let's just look to see if any arrest took place subsequent to filing of the single charge: As the minute show the arrest and bail reference a date

These are the only documents handed over, over the course of this 23 month prosecution related to that-

Note how it says that this was filed on August 25th 2008 and "excecuted" on August 12th 2009




Yet on the next page of the same document it says that it was executed on August 19th 2008





So after the fact of the filing of the charge we would guess that John Gregozek has applied for an arrest warrant though this was a misdeanor which he did not witness and where no stalking charge was granted him and we see that no attachment or any detail is given to support the granting of such an arrest warrant. We know no such warrant was allowed him because there was no arrest made

then page 1 of the minutes seems to involve an arraignment and another order of some sort being granted the "Victim," in this case..


Here's a crop from the first page of the minutes-




Ok, the date change from october 1st 2008 is due to me realizing that the arraignment was scheudled on the first day of Rosh Hashannah, so we found out you can go in and advance the date so that's what we did

notable things that happened. Desai



But then something happened that I didn't know happened till many months in ...Without Hearing or notice and based on no demand heard on any record, Judge Dennis Landin would grant a Domestic Violence Criminal Protective order without the benefit of due process - a hearing of any kind- and despite the fact that it has never been in dispute that notaro and I did not know each other much less have a domestic partnership of any kind. The public defender assigned that day, Anan Desai, did not see it has part of his job, we can assume, to fight such a clear violation of what was right and lawful.



As you can see, from the minutes and these documents no hearing or even forewarning(notice) of any kind was made








Page 2





So next date is November 6th 2008



What doesn't seem to be present there is evidence of this occurring or any indicaition as told to me by Franica Tawn that behind he scenes the purported victim in this prosecution was communicaing to the city attorney's involved (Carlos Ramirez, in this instance) trhough the private lawfirm she'd retained for cease and desist letter and to very curiously handle her desire to get a restraining order and then to defend against a defamation suit served on Notaro very soon before such a criminal charge would be submitted by Detective John Gregozek and then approved by a Phyllis Henderson

This is all I was given evidencing those communications between a Deputy CA Carlos Ramirez and Allison Hart Sievers of the Lavely and Singer law firm. the date in Sharpe-12/11/08 might be the date that my public defender received this info or not, because I never was told that Notaro was let out of a subpoena due to this "communication"





Then the second page is the only statement of any kind requested by the prosecutors as to this charge and as you can see it is not under oath etc.


Insert the CA ordering the restraining order from Santa Monica court. It was not even in their possession when agreeing to File Gregozeks and Sievers demand they charge 


What else went on .. talked to Franica. Sent her evidence etc.


Next date December 11 2008

Not too eventful date expect for the fact that on that day after a lot of urging on my part, Franica Tawn, agreed she'd get me an investigator for the public defenders office and she told me to get her the names and any detail I knew of potential witnesses. 








Now if you note the minutes. The minutes would echo what I was told.... nothing. I was told nothing by Franica Tawn about such a motion, at no time. I only became aware of it after trial in March of 2010.... more than a year later.

Let's look at the minute orders. why is their no evidence of this filing and when it was set for hearing. no mention of any motion. 



and then the next page starts with January 29th 08


Why is there no mention of this motion and why did Franica Tawn urge me to take plea offers despite her knowning very well that I could not be convicted if any law was followed.

Why did she tolerate the fact that her motion was not entered into the minutes and did she get pressured into dropping the motion. If then wouldn't it still be in the docket and mention of cancelled hearing etc. 

As far as I knew the only thing that was being done was that an Investigator had gone to talk to all sorts of friendly and unfriendly witnesses . Franica would no fill me in how that was going but I knew of two that I'd already gotten affidavits from 

So here's the next scheduled pretrial"

 But to be able to move forward to the rest we have to go back to what happened in between the December date and this date....and all without me being told a thing..



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