Sunday, February 5, 2017

Well, this says a lot

Sadly, the pursuit of justice is a long long long journey into night, and night isn't over so... but I just found this and it does give some decent idea of what went on. There is so much more unfortunately. So much more months and so many more crazy details and so many more legal filings and attempts to "redress" the GRIEVANCES in an attempt to "Make us whole."

Formatting and numbering went all wonky but hey it's readable and I don't have the energy to get that fixed just now.




Beginning, April 7th 2008, I was a victim of a false accuser named Mathilde Notaro. Her stage name or self invoked nick name is Tig Notaro and she is now somewhat famous for having a string of bad luck that climaxed with Cancer.
She was able to obtain a restraining order due to fraud and perjury and by denial of due process.
Since her lies had essentially destroyed the career I had moved to Los Angeles, to pursue, as well as my peace of mind and good name, I gathered the evidence and sued her for defamation on August 13th 2008. She was served on August 15th 2008.
I also appealed the restraining order and had made efforts to set it aside but Judge Rosenberg wrongfully stated he had no jurisdiction and disallowed my efforts to have the order declared void.
In order to retaliate and complicate the civil suit she, with the assistance of her unethical friend and lawyer, Allison Hart, from the notoriously unethical law firm of Lavely and Singer, created a series of falsehoods in order that I not be able to win the civil suit.
Ample evidence shows that this Law firm has an unwholesome relationship with the LAPD’s threat management Unit.
One this Unit’s Detectives, John Gregozek, admitted to Henya Spitzberg, my mother, “ What could I do. You sued her didn’t you,” as the reason he had filed charges when he knew that Notaro was a pathological liar and that all she had alleged against me had been false.
On August 19th 2008,I was summoned to the court by the city attorney’s office with letter stating that I had committed some crime but it would not tell me what crime.
Since I hadn’t committed any crime, I was very confused. I called the city attorney and was put in contact with an Ed Gaulthier. I asked him what crime I was alleged to have committed and gave him the number on the paper, and he said, “ Oh, you, I can’t wait to get you.” I could not believe my ears and I called back and put into contact with a woman who said, “ That’s just Ed, ignore him.
I called other people and all seemed to want me to excuse this Ed Gaulthier for his outrageous comments. I had no choice but to wait to find out what I had been charged with.
My arraignment was scheduled for October 1st 2008 but since that day was a Jewish Holiday, I advanced it to September 25th 2008.
At the arraignment on September 25th 2008 ,I was met by a public defender , Anan Desai, and he warmly told me, “ Is this a joke? What is going on with female comedians in the comedy world?” and he told me and then my mother, “ I would be happy to take this to trial.” He also told me that they were offering me 10 days in jail as a plea and he found that ridiculous but not to worry.
Later I would learn that the case against me was very obviously a “joke” and that no charge should have been filed, and that the city attorney only filed it because a corrupted detective, John Gregozek, had urged them to do so at the request of the Lavely and Singer law firm.
The restraining order that was alleged to have been violated was not even ordered by the city attorney till October 31st 2008. They had filed the charge with not one witness statement and no order, and not one piece of evidence other than Gregozek’s word.
His words and everything he wrote was false and it was knowingly false, according to evidence.
On September 25th 2008, without my knowledge and without any hearing or notice, Notaro’s lawyer had managed to slip in a criminal protective order based on Domestic Violence.
A Judge, Dennis Landin, had granted it without notice or hearing ,and in spite of the fact that I do not know Notaro, much less was in any domestic relations with her. Such an order would be expunged Nun Pro Tunc, by the trial judge, a year and a half later when this case proceeded to a 12 day trial, when the desperate prosecution, suddenly remembered it and wanted to double the two facebook charges to four in that they were saying that this order too had been violated.
The judge gave them a tough speech and expunged the order.
I was only made aware of such a strange order months after it was filed -- when I requested a copy of the file.
Upon information and belief such an order was used in ways that allowed a series of extreme injustices to occur and to convince judges that this was some domestic violence case when I didn’t even know Notaro.
I pleaded not guilty and a pretrial was set for October 16th 2008. On October 16th2008 a woman approached me and told me that I had been given a “rare and exceptional plea” She proceeded to tell me it was called “informal diversion” and that I’d have to take 12 hours of anger management , stay out of trouble, and in a year the charge would be dismissed and I’d still have no criminal record.
Since I had never had gotten into “trouble” and had no problem managing my anger, I rejected such a “rare and exceptional plea.”
This woman who turned out to be an unassigned public defender,Nicky Meehan, became irate, and began telling me how dirty the system was and how foolish I was to not “get out since so many were innocent and it didn’t matter.”
I did not yet know how right she was, and just found her to be obnoxious and told her she needed anger management classes since she became very rude and demeaning to me and my mother when we expressed no interest in any plea bargain. No plea bargain was rational in my case since, I , already, as of October 16th 2008, had overwhelming evidence that I was a victim of a false accuser who had committed perjury, and had suborned perjury to attain a 3 year civil restraining order and who know had shoved him into the criminal justice system as a means to thwart the civil suit.
Many pretrials passed. On March 12thr,2009, I felt forced to go in propria persona because despite all my evidence, my public defender, Franica Tawn, seemed to only file continuances and did not communicate with me. Though she did get me an investigator, and this investigator proved that all I had said was true.
Such reports showed that Notaro’s own agent had said that nothing claimed by Notaro, as to April 7th 2008, had been true and that though Notaro used her as an eyewitness in all statements, she never saw or heard or even saw me approach Notaro at any time. There were other incredibly compelling witnesses who attested that every single incident created by Notaro ,where she cast me as some cursing crazed stalker, was invented.
Notaro had alleged that I pushed her in a coffee shop in August of 2007. Yet, this was during an open mic poetry/comedy night where she set the scene of the push. The manager, Sam Consuegra, was present and Notaro in one version placed the push inside as well as placing a wild verbal “tirade”inside the shop. Mr. Consuegra was bemused since he recalled that night and that “there was no activity or fight at all.”
In all her statements Notaro spoke of police arriving on August 12th 2008 and how she saw them but me and my sister had left by the time they came. In the appellate respondents brief her unethical attorney, Allison Hart, would now add that not only did these police come and see Notaro but now they also saw us.
No incident number or report number was ever included in any of Gregozeks reports and yet he would state all allegations made to him by Notaro as fact long after he knew conclusively that her statements were false.
A year and a month after the first charge was filed, Martin Boags, ordered the police reports and incident numbers of this alleged incident sworn to by Notaro ,and two of her witnesses, Gregozek(in his search warrants) and signed by an officer of the court, Allison Hart. Boags discovered that no police were ever called and all were lying about something that Gregozek surely must have verified
This only made Martin Boags more intent on making sure there was no trial since dropping charges was not done by unethical prosecutors.
On March 23rd 2009, finally being able to see discovery, I saw a police “supplemental” where it said “ Four charges added by city attorney Kelly Boyer” and I saw that there had been three exigent circumstance search warrants issued by Judge Samantha Jessner.
Such search warrants were issued on the perjured testimony of Detective John Gregozek. He long before writing such lies, had been aware that nothing told him by a Mathide Notaro or a Stephanie Willen was true , and yet he wrote all they had alleged “via phone’” as fact.
He conducted no viable investigation and omitted details and the name of a police officer, who would turn out to be witnesses for my defense, on February 23rd 2010.
On March 12th 2009, fed up with facing a charge that was baseless, and that the prosecution knew to be baseless and realizing that something was not right with the public defenders, I asked to be pro per so I could show the prosecutor my evidence and also so I could see the discovery since the public defender assigned would not tell me anything, or show me anything.
On March 12th 2009, I signed a farretta in front of Judge Mary Lou Villar and was for the first time shown discovery. As my own lawyer I was able to contact the prosecutor and show them evidence that would compel any ethical to drop the charges and to pursue Notaro and Willen and those Notaro rewarded for perjury on criminal charges.
I spoke to assigned city attorney, Jennifer Waxler, and sent her overwhelming evidence as to my innocence. At some point, I said that if they keep restricting my liberty like this, for no reason, I would sue them. At no time did I ever threaten her with anything other than a lawsuit. I have never threatened anyone in my life.
She never responded to my e-mails.
I was very shocked to see the “discovery” and that due to perjured affidavits and “statement of probable cause” a Judge Samantha Jessner had issued 3 special search warrants reserved for pedophiles and serial killers.
Nevertheless, no evidence of any crime was discovered due to such illegal and wrongly issued exigent circumstance warrants.
No charges were brought on Mathilde Notaro’s ,and her lawyers, allegations that someone had called Notaro a perjurer on her facebook page.
On March 23rd 2009, there was another scheduled pretrial . When I entered the court and was called I was told that something had gone wrong with the computers and My farretta motion was not entered into the computer and I’d have to fill out another one. I found this odd but was willing to fill another one out. The judge was a Georgina Ricz.
By March 23rd 2009, I had noticed in various police reports, that John Gregozek was writing that four charges of violation of a restraining order were brought by a city attorney named, Kelly Boyer, “upon information from Gregozek.” On March 23rd. I was again told to initial the Farretta waiver that would allow me to be my own lawyer and one of the questions was , “did I know my charges.” Since it said that I was now facing five charges but no one had told me, I told the judge, in front of Waxler, that I did not understand why it was saying 4 charges had been added on January 27th 2009, by a city attorney named Kelly Boyer.
” I had only been told that I was facing one charge of violating a civil restraining order since allegedly I had said to a Martha Kelly, “ Tell her to stop doing this or I’ll never let it go.”
This, I was told , was a technicality that the prosecution was using. In fact, I had said no such thing to Martha Kelly. I had said, in the course of a long conversation, “ She should stop doing this. It’s killing my mother.”Kelly did not report this and Notaro only sought to twist into a crime after she was served with a civil suit.
At some point, after the charge was brought to our attention, and when we discovered that a Detective Gregozek had tried but failed to bring stalking charges, my mother called John Gregozek and said, “ How can you do this. You know that that girl(Tig mathilde notaro) is a liar. Gregozek said in response, “ What could I do. You sued her didn’t you.
In fact, I had sued Notaro for defamation a week before I was notified of such a charge and it was clear such a charge was retaliation.
I called the Internal affairs and made a complaint against Gregozek in December of 2008 and March of 2009. Still trusting police I called him to just tell him to stop this and a woman named Suzzanne Lopez picked up the phone and asked me my name. I told her and she said, “ Now that you went to internal affairs we can go into your computers.” I couldn’t believe she said that but I had nothing to hide . Right after the first three of seven search warrants would issued in my case.
Sometime in February a woman called and said that she was Sgt Angela Lucie and she was calling from Internal Affairs and would I be interested in “Mediation with John Gregozek” and she and I talked and she seemed very sympathetic. At the end of the talk she said, “ Well, you sound perfectly normal to me.” She told me she would call in a week about the Mediation.
When she didn’t call for longer than a week I looked her name up to get her phone number so I could call her and discovered that she did not work for the internal affairs but for a unit called the SMART unit and they dealt with the mentally ill . I called her and she sounded nervous and hung up.
We had also learned that the law firm representing Notaro, Lavely and Singer, had represented the head of John Gregozeks unit, the Threat Management unit, in a recent defamation suit where it was alleged by a author, David Weddle, that there was something shady about this unit and how they were being rewarded with high paying celebrity security jobs on the side or when they retired, and they counted on the good graces of law firms like Lavely and Singer and Marty Singer.

As of March 23rd 2009, I had not been told of any further charges being brought by anyone on January 27th 2009, and so I was confused.
In order to sign the Farretta Waiver that would allow me to represent myself(since the public defender seems either unwilling or unable to do the right thing) I had to initial a portion that said I knew my charges.
On the record, on March 23rd 2009, in front of Judge Georgina Ricz, I stated. “ Your honor, I can’t sign this waiver that says I need to know my charges when no one has informed me that four charges have been added.”
Such a statement seemed to disturb the city attorney then assigned my case, a Jennifer Waxler, and she began to furiously look through her papers. She then appeared to have found something and she stated that she would be happy to wait until the next pretrial , April 14th2009, to add the charges she wanted to add.
I didn’t see the point of waiting and had no idea how she thought she could add charges when there was no evidence of any crime but i went along with it since I had no choice.
Judge Georgina Ricz then sent me to the empty courtroom of a Terry Bork and insisted that I could not be pro per for such a proceeding. She assigned me a deputy public defender named, Kratu Patel. At some time Mr. Patel had told me that there is a conflict with the public defenders office and strongly intimated that I look elsewhere for any viable representation.
In front of Judge Terry Bork, Jennifer Waxler, appears to have managed to add two criminal charges to me. Deputy Public Defender, Kratu Patel, shrugged, and then when released from his duty he took my hand and wished me luck . Another deputy public defender approached me and said, “ good luck, especially, with her!” and he pointed at Waxler. His expression and manner indicated that he found her to be very disfavorable.
The charge she had added on this date, appeared to be one for making harassing phone calls and one for a violation of the order. Yet, no allegations were made that I had ever made any phone calls to anyone ,and there was no evidence that I had broken any order according to the reams of discovery now in my possession. The three exigent circumstance search warrants produced nothing, after being illegally issued by Judge Jessner. Such charges made absolutely no sense.
Soon I would find a document that said that Jennifer waxler had filed papers on March 12th 2009, to have such charges heard on that same day, but apparently had changed her mind.
I would also find out that an extensive motion to compel discovery had been filed and set for a hearing by my former counsel, deputy public defender, Franica Tawn. Yet, she had never told me about this and no hearing took place. After trial when I looked at the whole file I saw it.
Realizing now that Jennifer Waxler knew that I was innocent and that Gregozek who also had been long apprised of the evidence and my innocence, were not at all concerned with innocence or guilt and were participating in a malicious prosecution, and that the public defender aside of Anan Desai all seemed to want me to plea when they knew I was innocent, I conferred with my family, and we all agreed that we needed a private attorney.
On March 30th 2009, I met with a Howard Leiber from the lawfirm of Leiber, Williams and Labin.
I took a loan from my sister in order to be able to pay him.
At the meeting with him on March 30th 2009, Mr. Williams confirmed the initial impressions of Anan Desai , after looking over the discovery and the investigator reports, attained from the public defenders office. Mr. Williams told me that this was a “joke, and the tax payers would be outraged.” He expressed disgust with “This Gregozekand he told me he would file a motion to compel, a motion to traverse the warrants, a motion to attack the validity of the restraining order and a pitches motion.” He spoke at length of how all this suffering would pay off as he was also a civil litigator and this was money in the bank since it was so clearly malicious.
He then had to leave for another appointment but he took me to the office of his partner , Stanley Leiber, and Mr. Leiber told me “ It seems like some bad people need to be held accountable” and he assured me that not only would I win any criminal trial but he and Willliams would gladly take the civil case, “that must result,”
That night I gave him my sister’s credit card number and immediately after Mr. Williams was in possession of the credit card information, he seemed different, but I assumed I must be wrong.
Then began a four month period where Mr. Williams would tell me he was filing motions and since I did not have to go to court(as a misdemeanor defendant) I simply imagined he was telling me the truth, and foolishly did not go to court since I had been there on approximately 15 times already and trusted my lawyer would do as promised.
He repeatedly spoke of a motion to traverse and yet month after month he didn’t seem to have any detail about it and no hearing was discussed.
He told me many stories and how motions were filed .Yet, only concrete details he told me about were that a hearing was scheduled on the motion to traverse the warrants on July 9th 2009.
In between, I became very frustrated and disgusted at this situation i.e Williams not filing anything and outright lying to me on many occasions ,as evidenced by the emails in my possession. I had been invited to a reunion with the recently found liberator of my mothers train which had been sent from Bergen Belsen and had gotten lost in the german town of Farleslaben.
This was a very new revelation since all these years we had no idea that my mother and her family had been rescued from a sort of famous “Farleslaben Death Train.” The information came because one day I had received a train itinerary of my mothers from yad vashem and I had googled the last town on the list, “Hileslaben
The 95 year old liberator was hosting a reunion of survivors in Hudson Falls new York and had I not been stuck in the criminal justice system for no reason I would have gone.
It had been nearly four months since I had hired Williams and nearly a year since I discovered that I was being prosecuted.
I was out four thousand dollars and Howard Williams didn’t appear to be doing anything. So, I wrote an email to Gregozek and Waxler(who both had given me their emails at varying times) and I told them how I was forced to miss this reunion and I called them bozos.
My attorney for the first time, in a long time called me, and he was irate with me. He told me I better apologize to Waxler and Gregozek or they would jail me and keep me in jail till trial.
This seemed absurd and so I wrote them “Sorry for calling you bozos, bozos.”
I wanted to see him argue this motion so on the night of July 8th 2009, I informed Howard Williams via e-mail that I was coming to court the next day, July 9th 2009, to watch him in action.
I immediately received an email telling me that he had just received an opposition to his motion that evening at 5.11 PM by fax and that it was 39 pages long and he would not be prepared for any hearing and that it would have to be continued. He then informed me that his partner, Jason leiber, would be present in court to continue the hearing.
Knowing that this was against the rules, I questioned him and he became defensive and informed me that it was not right for the prosecution to send him an opposition after business hours the night before a hearing, but he had “no choice’ but to continue the hearing so as to prepare.
I requested he send me their 39 page motion immediately, but he would not, and I requested that he sent me the motion to dismiss that he had said he had long ago filed . He said that he was travelling and did not have it in his possession, though in another e-mail on July 8th 2009, he had promised that he would get it for me by that evening.
He told me he would tell me how the hearing went the minute it was over, though it was only to be a needless continuance.
On July 9th 2009, my sister and I , decided we had to go to court and see what was up no matter what. We went but due to traffic we were late and arrived at 9:15 A.M when the pretrial or cancelled hearing was scheduled for 9 A.M
We went into court and were promptly told that my case was called and heard already.
I went to the clerk and requested to look at the minutes and asked for a copy of the complete minutes so far.
To my surprise, I saw no evidence of any hearing of any kind ever scheduled and that for the date of July 9th 2009, there was no mention in the minutes of any hearing or filing.
In fact, no hearing of any kind or any evidence of any filing but continuances could be seen from the start of the case, August 25th 2008(though this date too is in debate since later it would be claimed that the filing was August 18th 2008, since I had alerted the city attorney that I was told I was charged on August 19th2008, and yet they were claiming the charge was only filed on August 25th 2008. The trial brief, some 8 months later would state that the first charge was filed August 18th 2008.
Since I saw no evidence of any filing or of any hearing I became very displeased with Howard Williams . I however did not want to alienate him since I had paid him any funds available.
I wrote him an e-mail requesting again the opposition motion of 39 pages he said he’d received, the motion to dismiss he’d claimed was filed , and since it was now late evening, and he had not called me as promised, I asked him what occurred in court.
He send me a three page motion with a large attachment(The search warrants) and he wrote me a hysterical email where he claimed that the city attorney, Jennifer Waxler, had tried and almost succeeded in having Judge Mary Lou Villar remand me to jail and that the judge wanted me jailed, but that due to the fine advocacy of his partner(Who I was never told would go to court. Williams told me that only he would go to court) I was not remanded immediately and kept in jail till trial. He predicted that the trial would be September 14at latest and admonished that I likely would be stuck in jail till then had his partner not intervened.
He warned me not to discuss my case with anyone and ‘for the love of god’ not to further contact Tig Notaro and he intimated that the city attorney had produced evidence that I had been contacting Notaro and that the judge really wanted to jail me.
He told me that I had to be present on August 4th 2009 for a remand hearing and to be ready to have bail etc. He went on to say not to contact Tig Notaro again or have anyone in my family contact her.
This was more than curious. Firstly, why would I be remanded on that date? Secondly, Mr. Williams was, or should have been, well aware that I had never contacted Tig Notaro since he called her a liar and often told me that he would destroy her on the stand come trial, if charges weren’t dismissed. I had only contacted Notaro by email in April of 2008 to implore her to explain why she was lying about me and ruining me in the comedy world.
I would later order all the transcripts where Williams, or his partners, were in court and see that he was lying to me from the start and nothing he said comported with what really was occurring in court or out of court.
He had never filed a motion to dismiss and had filed his motion to traverse “untimely.”
More importantly even, the transcripts would show that the judge was not intent on jailing me but that the city attorney , so upset by being called a bozo, was giving the judge falsified documents in order to punish me and she had done so only after learning from Jason Leiber that they intended to subpoena John Gregozek for the Traverse hearing that vaguely was now scheduled for another time.
In the transcript of July 9th 2009, after learning of Williams intent(as told to Lieber via blackberry according to the transcript) Jennifer Waxler then asked to approach the bench and Leiber lets her approach alone to show the judge certain pieces of paper. The judge,Mary Lou Villar, seems to find such things valid but not sufficient to order any warrant for my arrest.
Judge Villar then for no known reason characterizes the charges, where the plea offer was “informal diversion” as serious and significant charges, but appears reluctantly to state that they will have to produce different evidence if I am to be remanded into custody.
A slight argument was made by a Jason Leiber that the documents were written by my sister and so I shouldn’t be arrested etc.
I knew that I had never contacted Notaro and that my sister wouldn’t either. We had never contacted her in the past .
I requested from Howard Williams to see such documents and what I saw was truly astounding. Gregozek had trolled the internet, it appears, and had found a computer related message board posting from the year 2005 where someone with the screename Lauren D. was commenting about seeing a comedy show of Tig Notaro. And then ellipsis were placed.
Though it was, or should have been known, that my sister and I had not known of Tig Notaro’s existence until being told of her by a Stephanie Willen in 2007, it is irrelevant, to the fact that finding a message board post from a Lauren D in 2005 would not be any cause to arrest anyone as it would not be any sort of violation of any order .Also, my sisters name is Lauren Joy Spitzberg and why would any sane human being, much less experienced law enforcement, be doing such things as claiming a lauren d. posting in 2005, on some computer message board, was in any way some crime worthy of my immediate jailing.
The transcripts then show that Jason Leiber doesn’t know the case and can’t therefore make any viable arguments and the transcripts show that Jennifer Waxler is trying to defraud the court in order to remand me so if I’m jailed I won’t be OR and I might take the informal diversion plea.
I would soon see discovery too that showed that Waxler had sent Williams a 2 page Curriculum Vitae of a Sam Moreno wherein this resume goes on to say how Sam Moreno worked for the FBI and Homeland Security and tons of other daunting sounding agencies.
It is believed that Mr. Williams realized that this was a malicious prosecution and his advocacy would upset such malicious prosecutors , and he opted to drop out unofficially as early as the date he got this daunting curriculum vitae of alleged LAPD computer expert, Sam Moreno.
Considering that any remotely ethical attorney would not repeatedly lie about filing motions and setting hearings and then would allow the prosecutors or have a “partner” allow the prosecutor to perpetrate such frauds on the court, , and considering that despite him knowing I had never made contact with Notaro, since I plead with her to not ruin my name by false accusation, in April of 08, he was now saying, “Don’t do it again” I felt that he could no longer be trusted to protect my interests.
I told him he was fired and he seemed very happy .
Until the date of his withdrawal, July 29th 2009, I had only had one public defender representing me. The minutes would show a few but that is because they would assign one for one pretrial and then they would be transferred etc.
The history of my representation is important when you consider how Jennifer Waxler and Felise Kalpakian would characterize it in front of Judge Jessner on August 12th 2009, in preparation for the competency scheme that would then transpire.
I had Anan Desai for the arraignment. He told me the case against me was “ a joke” and he repeated to me and then my mother that “he would be happy to take it to trial.”
Despite my urging he told me that his supervisor wouldn’t let him take my case.
Then I was given a Jose Ruvalcaba ,but he never showed up to any pretrial or stood with me in court, and Anan volunteered to. I had no problems with Ruvalcaba but he was transferred almost immediately to another court.
Then, I was given a Franica Tawn and we got along fine, but she seemed to think that it was obnoxious of me to want a trial. I told her I have no interest in a trial they just need to drop the charges .
After being with her for about 5 months and thinking she did nothing but agree to continuances(when I begged all my lawyers to not allow any continuances)we amicably parted ways. Later, I learned that she had drafted an extensive motion to compel discovery and had set it for a hearing for February 18th 2009, but she had never told me and no evidence of the filing or the hearting date is in the court minutes.
It appears that someone or something stopped her when she tried to advocate for her client. I would later learn that such was the nature of that office under supervisor, Michael Hoagie.
Then, On March 23rd 2009, when Waxler came up with the idea to add two charges, when confronted with a police report, A judge Rizc insisted that a Kratu Patel accompany me to Terry Bork’s court.
Williams who was hired on March 30th 2009. Waxler and Kalpakian woud mischaracterize my represetion in order to make me seem difficult in some way . Judge Jessner would appear to take their words as gospel, despite ample and easily available evidence, that contradicted all the claims they would make ex parte(we’d imagine) and on the record.
I trusted judges at this point (though I would soon learn about court minutes and how Judge Villar was directing her clerk to not allow me to set hearings and to not include any defense motion in the record) and I suspected that the loss of this lawyer would somehow be used against me so I abdicated any attorney client privilege and presented her all the e-mails and set out all William’s many lies in an opposition motion.
Judge Villar would not look at it and said, “It just means you can’t get along with your lawyer.”  
She then released him at an unrecorded sidebar. Williams then was seen in the company of the prosecutors and laughing and appearing most friendly with them.
He approached me on his way out of court and told me that the offer of informal diversion was over, and now it was just diversion. I told him to shove it up his ass, and then to tell them to shove it up their asses.
On July 29th 2009, once pro per, I filed the motions that Williams failed to file or filed untimely. I filed a motion to traverse with a Franks hearing. A motion to dismiss, a motion to Recuse Mary Lou Villar, considering her statement of my “serious and significant charges’ as well as the fact that she refused to look at my opposition to withdraw motion etc, and a motion to proceed in pauperis as I was broke and needed money for more investigation since the investigator for the public defender had claimed he could not track down a key witness but when I went to the bar, where the witness worked, the witness told me that he got a letter from the investigator and had called him repeatedly and was anxious to tell him the truth and the investigator would not return his calls.
When I filed the motions with the clerk, Susan Rios, she would not let me set a hearing and told me she was busy and to call her tomorrow. I called her every day afterwards, and she would tell me to call her the next day.
Williams at that point had bizarrely agreed to make it seem as he was representing me on the appeal that was pending on the restraining order, and there was a remand hearing scheduled for August 4th 2009.
August 4th 2009 , the day of the supposed remand hearing, would not be mentioned and since no evidence could be found of me contacting Notaro, it came and went, without mention.
Upon information and belief, A judge like Jessner would have remanded me without care as to the evidence.
On August 5th 2009, I spoke again to Ms. Rios and asked her to set my motions for her hearing. She told me that she had just gotten off the phone with deputy city attorney, Jennifer Waxler, and Waxler had told her that by law, Waxler, was entitled to more time to oppose my motions and by law could have 15 days.
I checked the minutes of the court too, in that time period, and again saw that no evidence of any filing by the defense was put in the minutes, but I didn’t yet understand how strange that was.
I told Ms. Rios that it seemed a waste to have a pretrial on August 12th 2009, if Waxler needed this time and could we just reschedule it till the hearing in 15 days as requested by Waxler.
Ms. Rios told me that I had to come on August 12th 2009 for a scheduling conference. There and then we would schedule a hearing on the motions I’d filed.
All the motions I filed were not comparable to ones written by an attorney , but by no means were they “various and sundry” as Jessner would describe them, though it is doubtful she would read them as no hearing was scheduled, and she was not the regular judge in that court.
Nor were they “nonsensical” as Kalpakian would spin them in order to subvert a trial on the merits.
There was no hearing scheduled for August 12th 2009, as the minutes will attest, though the minutes will only attest to their filing in the sense that then the minutes would make mention of a Judge Martinez ruling on them all in a kangaroo court where a hearing was not scheduled to take place.
In the interim between July 29th 2009 and August 12th 2009, I had prepared a Pitchess motion and another motion to dismiss. I planned to file it on August 12th 2009, at the “scheduling conference.”
In the same span of time I also wrote a blog post wherein I compared Detective Gregozek to a Kielbasa sausage and included pictures of said sausage.
I was somewhat alarmed when I saw city ip addresses visiting this post as well as a Huntington Beach IP searching “John Gregozek” and coming upon this Kielbasa post, time and time again
On August 12th 2009, I came to court for this scheduling conference promised by Villars clerk, Susan Rios, and for nothing more. Yet, upon my entrance to Division 40, I was met with not Juge Villar but a judge Samantha Jessner.
I recognized her name from the exigent circumstance warrants she had very wrongly issued to Gregozek, but I had never seen her before and she had never seen me.
She immediately ordered me to division 55 “forthwith” for a hearing. So I could not file my two motions. I implored that there was no hearing . Jessner ordered me to go to this empty court, and said that court would deal with those issues. She ordered me back immediately after conclusion of the show hearing that was not scheduled or noticed in any way.
I did not know what to do and went like a lamb to the court of a Judge John Martinez. In the hallway I asked Felise Kalpakian what was going on and told her that she knew there was no hearing.She replied, “it’s just an evidentiary hearing.I called her a Shanda, which is Yidish for shameful or shame.
Martinez promptly had my sister/witness removed and proceeded to make a mockery of the justice system as he made lawless rulings in an unnoticed hearing. In short, without any basis in law, and without giving me any chance to present any argument, he ruled for the prosecution on everything .
The prosecution barely spoke and didn’t even have the motions or the warrants at their disposal and yet all my meritorious motions were dismissed without any semblance of due process.
It was later learned that Judge Martinez has a history of malfeasance i.e taking bribes (but small enough apparently to not preclude him from being a judge.)
The transcripts of that unnoticed show hearing attest to the fact that law and all due process were discarded in my case.
I , as ordered, return to the court of Judge Jessner. I was told to wait.
I went to file the Pitchess motion and the motion to dismiss. I filed it and attempted to serve in on Jennifer Waxler . She took one motion but told me she can’t be served a Pichess and that it had to be delivered to a separate location.
I went to discuss this with my sister, who was present, and we were approached by a man with an unsettling smirk. He began to tell us that he watched me try to serve the Pitchess on Waxler but I had to deliver it to a certain building downtown.
He then began to draw us a laboriously detailed map of the location in which we could serve this Pichess motion. He seemed so eager to help that I asked him who he was, and he told me his name was Martin Boags, and that he was a city attorney.
I trusted him for a moment and told him that I just discovered that I was charged on August 25th 2008, and yet the letter informing me of being charged was dated August 19th 2008 .He agreed that this was really odd. This would become relevant since then the city attorney would begin to claim that the charges were filed on August 18th 2008, despite the minutes and the file stamped charging sheet.
He was very solicitous and touched my shoulder a few times. He then walked over to Jennifer waxler and Felise Kalpakian and began to confer with them in what appeared to be a heated discussion.
My name was called and to the surprise of everyone present(defendants and many public defenders) Felise Kalpakian and Jennifer Waxler ran to the sidebar and asked to approach.
Judge Jessner merrily said, “Ex parte” and the woman agreed, “Ex parte”
Though I knew this was wrong the expressions of the public defenders made me aware that this was very seriously wrong.
On public defender, who I had spoken to in the past, came to me and said, “ Get up there . They can’t do that. Get up there.”
I went to move in that direction and a bailiff was sent by a city attorney and the bailiff said, “stay there.”
The public defender was angry and he again said, As a friend of the court I can tell you….Get up there. They can’t do that.”
A young city attorney, that I had never seen, approached the deputy public defender and said, “ Shut the hell up.” All the deputy public defenders were making gasping sounds and jaw dropped expressions as Kalpakian and Waxler and Jessner were shamelessly engaging in such an ex parte communication.
The bailiff disallowed me access and so I stood there in shock. The matter, after approximately 10 minutes of ex parte, returned to the record.
There Kalpakian and Waxler began to lie to Jessner and such lies could easily have been shown to be lies but according to Jessner notes, she simply believed everything they said.
Most egregiously, They lied about my representation and attempted to cast me as someone who has had tons of lawyers when I had two. They made it seem as if I was pro per for may months when in fact I had been pro per from march 23rd till March 30th 2009 and then only from July 29th 2009 until this hearing because my lawyer had not set one hearing and had lied repeatedly about filing 3 motions and about other things.
Kalpakian shamelessly invented a slanderous lie that I had been threatening Jennifer Waxler and that I had been told to not contact Waxler and had been contacting her.
Kalpakian so badly wanted to close the deal that she told Jessner that it was so bad that the Threat Management was “contacted”.
No detail of such threats was given or what the Threat Management had done. This is because I did threaten Waxler with one thing: I told her that if she didn’t stop prosecuting me when she absolutely knew that I was innocent, and she did, since she was given much evidence, I would sue her.
The invention of a threat so serious that the Threat Management be involved was beyond vile and yet Judge Jessner just took them at their word though I would learn that Waxler and Kalpakian are notoriously unethical and are loathed by their peers and by the public defenders.
At some point I had told them that the two charges added, under such strange circumstances, in March of 2009, did not make sense. The charges were for a harassing phone call that threatened the false victim and her family and the other one was for a violation of the civil restraining order.
There was no allegation of any phone call nor evidence of one but Williams told me they were trying to wring a fake charge since the allegation was that I had gone on Notaro’s facebook and had called her a perjurer and a liar etc. He told since the computer has a phone line that is what that is about.
Such charges made absolutely no sense and the fact that Judge Randolph Moore would, upon an oral motion for a directed verdict, acquit such charges, is compelling reason for Judge Jessner to realize now that such charges did not make sense.
These charges were not even added until I noted something in discovery. These charges were based on no evidence and no common sense and no probable cause whatsoever. There was no link to me at all, and no evidence at all that I ever wrote anything on Notaro’s facebook page.
They knew it and yet they needed such charges in order to frighten me into a plea bargain to a avoid a trial that was unwinnable for them, had any fairness been allowed at trial.
Now, Kalpakian, who knew very well that such charges made no sense, was using my obvious observation as a means to make me look so crazy that I suddenly couldn’t understand any proceeding against me and was so inane that I couldn’t even assist any lawyer.
I had been seeing a psychiatrist due to this malicious prosecution and she recently told me that I only suffered from depression. I told the court this thinking it would be as easy as her writing a letter . The court wrote in her notes that I saw a psychiatrist but she never asked why I saw one. Treated depression is not related to incompetency to stand trial and Jessner should know that.
It should not have worked. It would not have worked on any ethical judge but the judge who sat in Division 40, that day, was not an ethical judge. She was a callous and cruel judge who does not blink when she sets in motion the destruction of bright and innocent human beings.
She lied about such an evaluation being a “wellness session” and she seemed to enjoy toying with those who had provoked the ire of her friends in the prosecution.
Judge Jessner’s, cruel and lawless actions on that day have caused catastrophic damage. Her notes used me thinking that I was innocent as a reason for her to cave to these prosecutors clearly baseless and malicious demands.
Well, Judge Jessner, all seven charges were dropped and very rare dispositions were made by a judge who had a conscience. The fact that you think claiming innocence is a sign of insanity is disturbing, to say the least.
Judge Jessner then made very strange and disingenuous comments on the record and without any evidence or any reason to do so of any kind--- Judge Jessner agreed to submit to the wishes of Felise Kalpakain and Jennifer Waxler and to “declare a doubt.”
Barring treatment for depression I have no history of any mental illness and I had never been distruptive in court on any of the many occasions I was present in court.
Judge Jessner did not appoint counsel, as required by law, since now she had succeeded in making me have no rights, and she ordered me to a Division 95 on September 2 of 2009.
When my family and I arrived in room 95A of that court, a pro tem judge sat. No prosecutors were present. This pro tem judge told me that Judge Jessner had failed to appoint counsel and so he was sending this back to the criminal court. He did not appoint counsel though the public defender work in that court.
The case was sent back to the criminal court where a Judge Karla Kerlin sat. The former assigned prosecutor Jennifer Waxler was not present . In her place was city attorney, Martin Boags, the same man who had given me directions on where to file the Piches Motion.
Boags touched my arm and said, “Lets’ approach the sidebar” He did so to be out of earshot of the public defenders who now had taken some interest in what was being done in my case.
At the sidebar ,and then, on the record, it was revealed that for whatever reason Judge Jessner had decided to vacate the order.
In the transcript Judge Karla Kerlin says, “The order is vacated on orders from Division 52, which is where Jessner sat.
At the sidebar, myself , the city attorney and Judge Kerlin discussed that I wanted to go to trial. Boags implored that he needed to catch up and was going on vacations and to just “give him chance.
Judge Kerlin said, “ Marty is a good guy. Give him a chance. “ I said I wanted to go to trial immediately and judge Kerlin said, “ Well then you’d have to go in four days and the trial won’t even last a day. “
She seemed benign and Boags was now hinting that if he saw my evidence he was sure he’d very likely “make you happy” . I trusted that he would do the right thing and I allowed him till the next pretrial , October 2nd 2009, to catch up.
I send him emails with large attachments on September 11th 2009. He confirmed receipt but did not reply in any way.
On October 1st 2009, a fedex arrived at night. It was a motion by Boags “ Motion to reinstate the competency proceedings” In this motion he said that one any judge declares a doubt it can not be taken back and Kerlin did not know the law and Jessner had seen me many times and that the law dictated that they had to go through with this competency thing.
I was sure Judge Kerlin would be outraged by his saying she doesn’t know the law but she seemed very pleased with him and she was scowling at me as she ordered me to division 50 something to a Judge Robert Vanderet. She did not assign counsel and sent me to an empty court where there was no counsel.
I had been in some contact with a Robin Ginsburg, and she had promised me affidavits to attest that she and others had seen Jessners ex parte and the misconduct of Kalpakian and Waxler. I ran to her and said, “please get me a witness.” She seemed anxious to help and she send a girl I’d learn was Alissa Malzman to go with me to Vanderet’s court.
There she cited law and argued law and said she found me competent and had seen me in court on several occasions. Vanderet said, “This is Maria Stratton’s Bellyache” and seemed to look unhappy with his complicity but nevertheless he talked of how meritorious were my motions and he looked forward to hearing them when I returned. He seemed to have a date planned and had already had it before the “hearing” which in no resembled any hearing and was not noticed. He looked a bit sick as he said, “ My hands are tied.”
He ordered me to Division 95 on October 16th 2009. Later we found a post it attached to Boag’s motion and it said in Karla Kerlin’s handwriting, “ Order her to 95, October 16th
I couldn’t make it that day so he agreed to change it to October 14th 2009.
Ginsburg told me to call her and Alissa told me to call her.
I called them both and they both told me that no way would anyone ever declare me incompetent and not to worry. They were trying to “sidestep speedy rights laws” and were just” dicking you around.”
I had a gut feeling that they were very wrong and told them. Ginsburg at first just said, “don’t worry” but then she stopped and said, “ If you really feel that something is fishy, leave and call me.”
On October 14th 2009, my sister, mother and I, went to this court again. Despite Malzman telling me she had sent the lawyers there a memo, a woman, named Bernadette Everman, who apparently was assigned me didn’t seem to know of any memo.
She told me to go to some back room and talk to a Dr. Velarde. I was very nervous and implored her to come with me. She would not and she said, “Don’t’ worry you’re obviously competent.”
I was taken to a back room and a man and a woman sat. Velarde said, “ Come in . Relax. Let’s talk.” I told him I needed a witness and I want my sister and mother to come it. He said, “that not necessary. Let’s just talk.”
I stupidly agreed but ran out to tell my sister to eavesdrop. He asked me who the judge was, the jury etc. he asked me about my charges and it was very clear to him that I was competent. After about 5 minutes, he said, “ This has been going on an awfully long time . I don’t feel comfortable talking to you so little. I need to talk to the judge.”
He told me to wait outside in the seating area outside the court. I complied and joined my sister and mother there.
About 5 minutes later, Bernadette emerged from the court with some gleeful expression and said, “ He found you incompetent.” She then said she’d get another doctor and then scurried off.
At no time was I told that any hearing was to take place. We remembered Robin Ginsburg’s words and my sister said, “Lets get out of here and call her.”
We went home and I called Robin Ginsburg , immediately. She sounded horrified that I’d be found incompetent by this Velarde. She then sounded really nervous and she said, “ I was just kidding . You need to go back to court.”
I then called Malzman and she too sounded sick but then said, “ If Robin says you have to go back you have to go back.
I knew Ginsburg hadn’t joked and I saw that this office was just not willing or able to deal with this particularly sinister form of corruption.
We had to reach out to extended family and we shortly were able to get 10 thousand dollars from our relatives in Israel.
I immediately began searching for lawyers and focused on those who discussed Malicious prosecution.
All told me that more than likely a bench warrant had been issued after we left but they all told me not to worry , the warrant was new , and they would take care of it easily. They all said to just drive safe, as that would be the only way they could get me, till they took care of it.
On November 1st 2009 after much googling I came upon a lawyer named, Peter Knecht, and his website was impressive and spoke of how he was well schooled in malicious prosecutions etc.
I called him and he set up an appointment for that day. I went with my mother and till that day we were quoted 2,500 dollars from most lawyers.
Peter Knecht heard some salient facts and he said that this was “unprecedented that they want to put you in Patton” and that he had access to the top forensic doctors. I found this to be ill advised since to me it seemed that the best thing to do was to attack the order and get the public defenders to come in and not to validate such antics by being examined by doctors.
I didn’t say anything though. He then talked of how not to worry about any bench warrant if I drove safely and he then said that since the case was now so complicated he would charge 30,000 dollars for his services.
My mother and I were in shock but somewhat felt that such a grand sum might be necessary to fight this type of corruption. My mother told him we couldn’t pay that but could he be so kind as to recommend a lawyer who is strong like him but charges less.
He quickly recommended we call a James Silverstien , who is said worked in his office., and reminded of him in his more passionate youth.
I called Silvesrtien immediately and he asked me how much Peter wanted and I told him and he said, “I’ll do it for 10 thousand. By all indications this seem too costly compared to the others but when we went in later that day to meet him , Knecht came in and counseled him and seemed very interested in the case and said, “ We will take care of you” on several occasions. He spoke of how he believed me to be innocent and how amazing it was that they were trying to put me in Patton and then he had to explain what Patton was since we had no idea.
I did not really like either him of Silverstein but my mother told me to be quiet and that she knew they were coming for me any minute and we needed this knecht’s power and he was in some way really offering it and we would be getting both for the money though Knecht wouldn’t come to court.
Nightly I would see Gregozek looking at the Kielbasa post as well as many ip addresses from the city and the county. I signed the retainer with Silverstein since he had called me to tell me how worried he was about me and how “They would take very good care of us.”
I noticed that he hadn’t put a check near trial on his retainer and noted this and said, “this not the deal. The deal is trial.” He chuckled and said, “ This won’t go to trial. I’ll easily get this dismissed. But if it does I assure you I’ll only charge you copying costs.” I knew these were easily dismissed charges and I stupidly trusted him. On the way out Knecht approached us and winked,and said, “ we’ll take care of everything.”
James advised me to go home and write him a timeline.
I woke up early the next morning, November 4th 2009, and started writing him a timeline and arranging more documents for him to see though he had seen many or pretended to look at many already.
At approximately 9AM , the phone rang.; My mother picked it up and she said, “They are at the door. They said they’ll break down the door.”
We opened the door and were met with 18 police officers in riot gear and one carrying the thing that breaks down a door(can’t remember what it is called this moment). They would not show us the search warrant they claimed to have and they then kept handcuffing me over and over again in front of my mother and then for the sake of my sister.
A heavily edited tape was produced in discover for a civil trial that shows how bizarre and frightening was the whole spectacle.
I had no idea that they would arrest me and take me to jail and I had no idea why they would have a search warrant and I figured my lawyer would take care of everything for 10, 000 dollars for a misdemeanor.
I asked a Jeffrey Dunn, the supervisor of this LAPD Threat Management Unit why I was being arrested when it was clear they were and he gave me a smirk and said, “ I read your blog.”
I then began yelling to my mother not to talk to them and to call the lawyer and that Jeffrey Dunn has just admitted that this is all because of my blog.
They then began to be aggressive and took me outside to an unmarked car.
I then was taken to Hollywood station and the officers in charge of me being transported were very friendly and seemed to feel badly about this. I then saw the whole Threat Management convened in a room and they all looked miserable.
Lopez and Carlton, the TMU detectives in charge of my transport to wherever it was they wanted me to go, then took me to Van Nuys where I was fingerprinted etc.
Lopez told me that they had a search warrant and lo and behold saw the bench warrant and arrested me.
I was sure I would be bailed out but Silvestein told my sister I’d have to come to the mental health court the next day.
The next day,I was awoken at 3 AM, and the guard would not let me retrieve a contact lens I had left behind in my haste, and I have -7.00 vision and this gave me terrible headaches and very blurred vision.
I then sat in holding cells from 3.AM to 4 PM the next day and at 4 PM a guard told me they messed up my “papers” and the bus therefore forgot to pick me up.
I was then processed into Lynwood, and strip searched and put through hell on earth since I couldn’t see and my head was pounding.
On November 6th 2009, I was again awoken at 3 AM and taken to holding cells. At about 9AM this time I was called and taken to Division 95.
There , I learned that Judge Maria Stratton refused to give me any bail but did tell my lawyer(who didn’t seem to know the case at all and didn’t intend to learn it) to “write a motion counselor” if bail would be considered.
My family and I were in shock. James Silverstein coldly told me that I’d have to wait two weeks till he “got Markman.” I was taken back to the cell with some who were in straightjackets. I began to cry hysterically and cry loudly that this is not America and they were killing my sickly mother.
Though Silverstein would prove to be a miserable rat, something turned in him, and he got Dr. Ronald Markman on the phone and had him agree to come to court immediately.
Markman looked at the file and then said, “ What is going on here. Is this a sitcom?” He then proceeded to give me all sorts of tests(That Velarde had not—Velarde gave me no tests at all) and after he was done he said, “ You are as competent as me” He is a very well respected forensic psychiatrist as well as a lawyer and Judge Stratton would know that as does Jessner now that she has been moved to Division 95.
This true evaluation didn’t impress Judge Maria Stratton, who always treated me and my family as enemies, and she didn’t even look at it before saying, “Get me Sharma”
Silverstein and Markman met me in the lawyers room and told me I’d have to see Sharma . I had a very bad feeling considering that this Judge Stratton and her bellyache had demanded him and seemed insanely hostile considering that Division 95 is supposed to be a “humane court.” Stratton still denied any bail and Silverstien only wanly made an oral motion.
I was scheduled to see this Dr. Kaushal Sharma on November 9th 2009.
On that day Silverstein did not show up but I was told by Sharma that it was fine and to come into his room. The DA, Richard Vagnozzi, came by and winked at him, at one point.
Dr. Sharma said, “Ah the famous Ms. Spitzberg” and I knew something was very wrong. He then said, “ You know Shakespeare” and I said “Yes,” since I have a B.A in English Literature and he said, “ You protest too much.” And, the session was over.
I was taken back to the holding cell and would soon learn that with James via intercom Dr. Sharma had found me incompetent. I’d later learn both wanted me forcibly medicated.
Silverstein wished Stratton’s Husband, Peter Sadowsky, a quick recovery , as he seemed aware of some illness he had.
I was not allowed to come into court and see my family and I was taken back to Lynwood, where I learned about Sharma’s fraud by telephone.
Silverstein had the idea , for whatever reason to get the psychiatrist who was treated me for the stress of the malicious prosecution as well as prescribing me Zoloft.
Luckily she was at first on vacation and then refused to come in for whatever reason but she would tell me that she wasn’t qualified and her report wouldn’t hold much weight. I’d later learn that she was right and had she come in I would have been found incompetent by the evil Stratton.
All this took weeks and I suffered in jail till December 1st 2009. Markman had been disturbed by my presence in that court and Sharmas false report and he had gotten a Dr. Dupee to come in and evaluate me.
She also did the requisite tests not performed by Velarde and Sharma and she seemed distressed by how competent I was.
She came into court looking defiant and ready to make an oral statement to the court but Silverstein waived it and he and the new DA present, Mathey Byrne, agreed that they drop the whole thing.
Stratton still would not allow bail but then turned to the prosecutors and wanted to know what they thought. Very bizarrely , Mathew Byrne, said, ‘We don’t know the case. We leave it to your discretion your honor. She angrily then crossed out something on her desk.
We later found it was commitment papers to Patton.
She set bail at 10,000 dollars, after going against all law and decency to keep me jailed for 31 days.
Again, things went wrong with papers and in total I had to be stripped search on eight occasions due to paper mixups and then bond trouble when the court gave the bondmen the wrong numbers.
Stratton insisted that Silverstein be in the crimininal courts that morning or else.
He said he had an appointment but would come anyway.
The next day he did not come until 130 PM and claimed “Car trouble”
I was made to sit in the court cage in front of Kerlin and she would not lower the bail to OR thought there was no reasoning behind it since I’d been on OR for a year and 4 months and had done nothing to compromise it. Kerlin said something like “if you’re not in custody again’ apropos of nothing, which was just cruel and strange.
Then, Silverstien and Knecht would tell me that I needed to plea because “The Govermnent hates you. Look what they have done already.” They were offering me a less favorable plea than the one I had with the public defender or on my own.
Silverstein then proceeded to make on the record proclamations that I had been warned about “the more punitive measures and results” that I would face if I didn’t take the plea(diversion with trespass and mental health counseling)
He became belligerent and uncommunicative and he withdraw on January 21st 2010, citing “ethical reasons.” He refused to return any of the 10,000 he had in no way earned.
On that day Martin Boags added four charges that were dated August 12th 2009, but were then file stamped January 21st 2010.They were all charges that no one in their right mind would bring , the statutes had long run on them and they too made sense only if considering that his competency ploy was foiled and he had to try anything.
Judge Mary Lou Villar , allowed him to add charges whose statutes had expired in April of 09 and that no one had saw fit to bring before, and she allowed him to add such charges by “interdeliniation.
By some happenstance, the public defenders made it so I could trust them a bit and Alissa Malzman stepped in and set the case for trial, after Silverstein abandoned it and ran off with the money.
Soon I learned that she had political concerns and she allowed that the judge denied a collateral attack on the restraining order. Such an attack , by Supreme court Law, could not be denied and the whole trial would be appealable if I were to get convicted.
On the same day, March 4th 2010, she learned that Boags was off the case, that they were dropping the four charges and that my police officer witness had died in a mysterious car accident.
We’d later learn the prosecution had put her on their witness list but she would not comply when she knew the truth.
The prosecution flew in Notaro’s “witnesses” from Maryland and Texas and due to all sorts of odd delays and what seemed like stalling on the part of the judge, the trial without any collateral attack would last 12 business days.
The judge,the Honorable Randolph Moore granted Malzmans oral motion to acquit the two charges that I said made no sense and the third charge hung because Malzman willfully seemed to not defend it though she had so much impeachment material. Though it hung 11-1 due to poor counsel and her political considerations, the judge immediately and of course with strong protestation on the part of Katie Ford, dismissed the last count, that was the first count, in the interests of justice. He commented that their case would never get any “better” and he spoke of the waste and manpower and how he was concerned.



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