STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT

) SS: CRIMINAL DIVISION F08

COUNTY OF MARION ) CAUSE NO. 49F08-0505-CM-083990
49F08-0606-CM-112139
STATE OF INDIANA, ) 49F08-0607-CM-140781
Plaintiff, ) 49F08-0811-CM-254608
vs. )
)
KAY KIM, )
Defendants. )

2nd NOTICE OF FIRING PUBLIC DEFENDER, MATTHEW A. GERBER

Comes now Defendant Kay Kim, Pro Se, filed my 2nd and final Notice of Firing

Public Defender (PD), Matthew A. Gerber accordance with U.S. Constitution as my

rights on this 8th day of January, 2010, as follows and not limited to:

1. I, Defendant, Kay Kim, Pro Se was told by the PD, Gerber himself that he

is my counsel on 12/22/2009.

2. Further, PD, Gerber told me that the Special Judge Pfleging revoked my

self representation right after I was release from the State mental institution.

3. Subsequently, PD, Gerber refused to file interlocutory appeals for

regarding above line 2 and not ruling/denying of many outstanding motions cause no.

49F08-0811-CM-254608.

4. On 12/22/2009, at the court holding cell, PD, Gerber told me that the

Judge Pfleging revoked my self representation right. PD, Gerber handed all 4 pending

cases trial dates and said, “There will be no more pre-trial.” I told him that the criminal

trial can’t proceed and must continue until a final decision on my self representation

matter be decided in the 7th Appeals Court or U.S Supreme Court, he further stated that

the according to California Supreme Court’s ?????? vs. ????? the trial court ruled that it

IN CM4 NOTICE of Firing PD Matthew Gerbert 08JAN10-NOTICE-svfnl

Page 1 of 4
has the right to revoke the self representation right.

5. January 04, 2010, PD, Gerber firmly stands his ground that he will not file

interlocutory appeals and mentioned about Indiana vs. Edward which U.S. Supreme

Court’s decision to deny Edward’s self representation right.

6. I demanded a copy of the Order but was none was provided by the PD,

Gerber or from the Court. PD, Gerber is refusing to send me a copy of all or any filing(s)

to me. Besides, there was/were no such entry/entries in the case chronology.

7. I told PD, Gerber to give me a copy of transcript on 9/25/2009 to verify

what he said but he refused because of the cost. If PD, Gerber is worried about the “cost”

then, he and the Court can save much more money by not representing me.

8. PD, Gerber is making decisions/entering into agreements without my

permission(s).

9. Which in every turns, he became/become the judge, prosecutor and

executioner all in one. His only intention is to steer the events to convict me and not to

defend me or my interest(s) by disregarding the laws and rules of the courts. PD, Gerber

is not working for me but is working against me.

10. PD, Gerber refusing to review my filed court copies in this Criminal court-

as Defendant and Federal civil court-as Plaintiff filing over the years for my own

defense(s) which is self explanatory to familiar himself with my cases and prepare for the

trial(s).

11. PD, Gerber failure/refusal to raise the issue with the court that all 3 cases

have ran out of statue of limitation which I, Kay Kim, Pro Se have filed Motion to

Dismiss above Captioned cases (49F080505CM083990; 49F080606CM112139;

49F080607CM140781) as per Run Out of Statue of Limitation on July 02, 2009.

12. PD, Gertber treated/talked to me as I’m mental, guilty as charged,

dumb/incompetent, etc.

13. When I told him to review all my filings repeatedly, PD, Gerber told me

that he doesn’t care what’s in it and he will not read and waste his time. He will not do

whatever I ask/told him to do. He doesn’t take advice from non-lawyer. He will decide

what is good for me or not.

14. PD, Gerber insisted that he was not my lawyer since I was committed to

State Mental Institution on 9/25/2009. Therefore, he refuse to file appeal to release from

me from the mental institution. Further, he stated that even if he was my lawyer, he

would not file any appeal for me.

15. Every single time, when I ask/told PD, Gerber to file whatever

documents/motions/notice, etc with the court, he refused and said that he is not my

paralegal.

16. PD, Matthew Gerber is incompetent, insufficient, arrogant, pathological

liar, etc.

Respectfully Submitted,

Date: January 9, 2010

Kay Kim, Pro Se
4250 Village pkwy Apt. 2
Indiana polis, IN 46254
Tel# (317) 641-5977
Fax# (206) 984-9752
email: retypeunitedstates@gmail.com

IN CM4 NOTICE of Firing PD Matthew Gerbert 08JAN10-NOTICE-svfnl

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 CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing is hand delivered
to F08 court for file and distribution no later than January 14 , 2010.

Kay Kim, Pro Se

4250 Village pkwy apt2
Indiana polis, IN 46254
Tel# 317-641-5977
email: retypeunitedstates@gmail.com

DISTRIBUTION:

Prosecutor: NW Dist outgoing box in F08

F08:ph317-327-3202, Fax317-327-1432, clk317-327-5665
PD: Matthew Gerber, p#317-327-3819

ref 1: Danial Pfleging, Special Judge

E643 City-County Building
200 East Washington St.
Indianapolis, IN 46204

ref 2: Andrew Wignall, Deputy Prosecuting Attorney, NW Dist.

3821 Industrial Blvd.
Indianapolis, IN 46254
317-327-6652