Professional Documents
Culture Documents
Joseph H Zernik
Dr Z DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@earthli
nk.net, c=US
Joseph H Zernik, DMD, PhD Location: La Verne,
California
PO Box 526, La Verne, CA 91750; Fax: 801.998.0917; E-Mail: jz12345@earthlink.net Date: 2009.11.22
02:15:15 -08'00'
Chief Judge Alex Kozinski must resign for willful misconduct in:
a) The Perversion of Justice and Mail Fraud involved in the service of unsigned, invalid, ineffectual, false and
deliberately misleading June 30, 2009 Order, by Kozinski, Tallman, and Paez, (Dckt #4) denying Petition of Richard
Fine, on both Richard Fine and on Joseph Zernik......... Fine v Sheriff (09-71692)
b) Failure to take Corrective Actions relative to the invalid, ineffectual June 29, 2009 Judgment by John Walter in
the false and misleading habeas Corpus Petition Proceedings of Falsely Imprisoned Atty Richard Fine........Fine v
Sheriff (2:09-Cv-01914)
c) Failure to take Corrective Actions relative to the invalid, ineffective, false and deliberately misleading March 4,
2009 Judgment and Order by David Yaffe, and the False Imprisonment of Richard Fine.........Marina v LA County
(BS109420)
d) And now - allowing Appeal to be taken from an invalid, ineffectual June 29, 2009 Judgment by John Walter.
Sincerely,
Dated: November 21, 2009
Los Angeles County, California ____/s/ Joseph H Zernik____
JOSEPH H ZERNIK
PO Box 526, La Verne, California 91750
Tel: (323) 515-4583
Fax:(801) 998-0917
<jz12345@earthlink.net>
_________________________________________________________________________________________________
Message from a Friend in re: Appeal of Atty Richard Fine Scheduled at 9th Circuit
Court of Appeals.
At 07:24 PM 11/19/2009,
To All:
See the below link re update on Dr./Atty. Richard Fine - still rotting in the LA County Jail.
Anything you can do to shake the bushes and lend support to Dr. Fine would be greatly appreciated.
Thanks goes to
From:
Subject: Right Trumps Might: Richard Fine Appeal Hearing Date Finally Set Dec 10,2009 at Pasadena 9th Cir.
Date: Thu, 19 Nov 2009 17:07:49 -0800
http://righttrumpsmight.blogspot.com/2009/11/appeal-hearing-date-finally-set.html
_________________________________________________________________________________________________
My Older Message in This Matter -
All Three Court Actions Were Sham Court Actions-
At (a) LA Superior Court, at (b) U.S. District Court, LA, and at (c) U.S. Court of Appeals, 9th Circuit.
__________________________________________________________________________
z Page 3/9 November 22, 2009
_ - - - - - -- - _ - - - - - -- - _ - - - - - -- - _ - - - - - -- -
_ - - - - - -- - Lee Baca- -_ - - - - - -- - Richard Fine- - - - -_ - - - - - -- - David Yaffe- - -_ - - - - - -- -
Hips by Beyonce, Joey Tribbiani's smile, the LA-JR (alleged LA-Judiciary Racket), and False Imprisonmen
(lay-person's language); Alternatively - the old Flimflam
Atty Richard Fine, 70 yo, former U.S. prosecutor, anti-judicial corruption activist, is in under solitary confinement for 7
months...and never gets to see the sky for months at a time,
Part I - Joey Tribbiani's smile, and catering to the LA-JR in false denial of Richard Fine's Habeas Corpus Petition
This is a clarification of notes in the Index posting[1]: The last thing we need today, while we are in the midst of the War on
Terror, and while we are busy building the court system in Iraq, is some smart alecks doubting of the justice system of Los
Angeles County, California... Any suggestion that there was any inference to a possible Warrantless Arrest, or any
appearance of an illusion of a slim chance of a Fourth Amendment violation, or even False Imprisonment in the case of
Richard Fine, was surely never intended. Anyway, it's all lay-person's writing in lay person's language, If inference was found
it must be disregarded, as having no legal meaning at all.
Smart Alecks
Let me assure all the Doubting Thomases out there... I an not an attorney, not even by a long shot... Richard Fine was
arrested and is jailed by State of California Judge David Yaffe. That should have been good enough on its own. In addition -
the job on his Habeas Corpus Petition was done by the U.S Court, LA, If anybody wanted more - his Petition was a taken
care of by the U.S. Court of Appeals, 9th Circuit. Triple whammy. That should be good enough for any nitpicker!
A Nitpicker
1) Magistrate Carla Woehrle - of the U.S. District Court, LA posted a lengthy Report and Recommendations on the Habeas
corpus Petition with footnotes, citations and all. Obviously it was no rush job. In the 25 pages of the Report, she never even
entered the Caption of the case she was reviewing for over two months- Marina Strand Colony Home Owner's Association v
County of Los Angeles. Frankly, I don't think it matters, Joe, Joey, or Joseph, it's all the same to me... She simply wasn't
really sure that it was a true case of the Superior Court. It's not that simple nowadays... It is not the only case, and Carla
Woehrle did the job on them before. They cases were not of the Superior Court at all. For lack of better term let's call them
"Equity/Enterprise Track" cases, and the general operation - the LA-JR (alleged LA Judiciary Racket). Calling the child by
name makes it easier. Most civil cases are real estate cases - which this one was as well. The criminal cases involved false
imprisonments. The evidence showed that the LA-JR controlled the LA Superior Court for years. That was the story of the
z Page 4/9 November 22, 2009
Rampart scandal a decade ago. FBI and U.S. Dept of Justice couldn't see it - severe myopia.
The case of Richard Fine was one of them as well. The Report demonstrated that Magistrate Carla Woehrle was fully
colluding with the LA-JR. And the false imprisonment of Richard Fine for 7 months, showed that FBI and U.S. Dept of Justice
did just the same (in lay-person's language).
We need a U.N. Resolution, and help from the Multinational Coalition, to help the U.S. Government gain control of Los
Angeles County again...
Another Nitpicker
The nitpickers say that there was no effectual record for Sentencing and Judgment for the jailing either. Careful review
showed that Magistrate Carla Woehrle was fully aware of the conundrum, but "streamlined" it effectively.[3]
They said that reviewing a case without a court file was anyway like writing a book review without reading the book. Doing it
with no Register of Actions, was like not bothering to read the Cliff's Notes either... just flying blind. Well - Magistrate Carla
Woehrle knew the story of the LA-JR already, She did it before. Therefore she did not need the Register of Actions to write
her Report...
Cliff's Notes
U.S. Magistrate Carla Woehrle did a fine job for the LA-JR impressive Report, which recommended "deny with prejudice".
OK - the Report was never authenticated, and it therefore was an invalid court paper. Those who objected to this practice
were simply placing form over substance. It was Carla Woehrle's way of delivering the goods for the LA-JR, and pretending
that her conduct was not of criminal nature.... It's like eating the cake and having it too... (I am not a dietitian, not even by a
long shot) Why not? If she could get away with it that easy, time after time... By now she was a groupie...
2) U.S. Judge John Walter, of the U.S. District Court, took his time for additional review after receiving the Report and
Recommendation, and he finally accepted the Report in the Judgment posted on July 29, 2009 in Pacer, and dismissed the
case. The Judgment was never authenticated either, and that again invalidated it... So, the Honorable John Walter, U.S.
Judge followed, the same flimflam as Judge David Yaffe and Sheriff Lee Baca and Magistrate Carla Woehrle - his conduct in
posting this paper could be seen by some lay-persons a criminal - aiding and abating the LA-JR in false imprisonment of Atty
Richard Fine, or maybe misprision of felonies. That was why lay-persons were not judges! The assignment of code sections
z Page 5/9 November 22, 2009
should be left for professionals prosecutors... The practice was too common though... Judge Walter was surely convinced
that it was OK. You cheat, but you cross your fingers behind your back. The judiciary and legal profession in the U.S.
developed this deviant mentality that saw it as more benign than illegal parking. International Courts on the other hand - were
likely to view it as severe, widespread abuse of Human Rights, pursuant to ratified International Law, of the American people
by its own government. Together with the directly related overcrowding of the prisons - these are the most common abuses
of Human Rights in the U.S. today - by the courts that were charged with their safeguard. The bottom line - Judge John
Walter also catered to the LA-JR. Why not? If you could get away with it that easy...
3) Chief Judge Alex Kozinski - widely recognized as a brilliant jurist - of the U.S. Court of Appeals, 9th Circuit - and Circuit
Judges Richard Paez and Richard Tallman were named on the Petition, which Richard Fine also filed from the Habeas
Corpus. This Court is second in authority only to the U.S. Supreme Court! The June 30, 2009 Order was posted in Pacer, the
court's case management system:
"petitioner has not demonstrated that this case warrant the intervention of this court by means of the extraordinary
remedy of mandamus. See Bauman v United States Dist Court 557 F 2d 650 (9th Circ 1977). The petition is
denied."(Order)
Mom never called me a "brilliant jurist"... But with all due respect, it looked like someone copied the Bauman out of habit, into
an order of denial of the wrong petition. OK, I am clueless, but Habeas Corpus was meant for the clueless... for prisoners,
way back when... Or even today - like Richard Fine - who was denied pen and paper. In Habeas Corpus, the prisoner did
not have to say much at all. Just to challenge the confinement, and ask to be brought before a judge. In turn, the judge was
not asked to do much either, only to inquire, that the confinement conformed with the fundamentals of the law. If not - to
order the immediate release of the prisoner. A fundamental consensus of the international civilized human community today,
one of the cornerstones of the U.S. Constitution, and most likely - the quintessential contribution of the English speaking
courts to mankind in over half a millennium. Establishing in the law as the protection of individual Liberty.
A Nitpicker
What are the fundamental? It's the nitpickers again!
We should leave it to the Circuit Judges, who split hairs on such questions day in and day out: What's the validity of an
arrest, which started under exigency, with no warrant, while the warrant was getting written, but the exigency turned into non-
exigency, before the warrant was completed... Tough cases...That's their specialty. Here we have a man in solitary
confinement for 7 months with no (1) Warrant, and no (2) Sentencing/Judgment, and (3) No Register of Actions. We Circuit
Judges owe us also an explanation of their unsigned denial Order. Just to make it clear: I was on the service list, and I was
served with the Order. The one served on me, was unsigned as well, and it came with no authentication (NEF) by the court
either, just like all the papers from the U.S. District Court [3]. Moreover, unsigned orders by the U.S. Court of Appeals, 9th
Circuit, are nothing new either. They may justify such inexcusable practice to themselves as necessary in response to the
burden of "frivolous prisoner's petitions", The legal profession remained dumb on the unsigned denial by the prominent court,
as it was all along. It was left for lay-persons to spell out the disgrace.
To Sum It Up-
• The LA Superior Court never entered effectual Sentencing/Judgment and never issued an effectual Warrant...
• The Sheriff Department never performed effectual Booking and was keeping Richard Fine jailed under false
registration and "off the record".
• The U.S. District Court and the 9th Circuit Court of Appeals issued court papers, that looked to lay-persons like
Orders and Judgments, but lacked authentication, and in the case of the Court of Appeals also lacking endorsement by the
Judges. Therefor such papers were ineffectual for any purpose, moreover - they were false and deliberately misleading.
The Register of Actions sounded cool and exciting... I wondered why there was no video game yet - karate, or kung fu could
be best with that title. I was resolved to do my best to get a copy of this critical record, which was never seen even by
Richard Fine himself!
Hips by Beyonce
To make sure, I got it right, I asked a Civil Rights organization, which kindly told me that it was a slam dunk, guaranteed by
the First Amendment relative to Court papers. On top of that, they told me, in California we were ahead of pack, because
even the Arrest and Booking papers were public records thanks to the California Public Records Act. They said that they
routinely got the papers produced in other counties of California. They even gave me the code section and the subsection to
put in the letters.
1) Denial of Access to Records by the Sheriff's Department
Regardless, access to the Arrest and Booking papers from the Sheriff Department. In fact, I am convinced that its a flimflam,
and there are no papers at all. The last I heard from Commander Liang was "The Sheriff's Department practices full
transparency". And the papers? "If you want to see the paper you would have to get a court order for that". In
addition, the information that is provided regarding Richard Fine in the official online Inmate Information Center, is false and
deliberately misleading.[4]
instruction, most likely originating from the Administrative Office of the U.S. Courts, which trained the various courts to deny
access to NEFs, which is seen as inherently fraudulent, and undermining the court system from its core.[5][6]
4) Denial of Access to Records by the U.S. Court of Appeals, 9th District
The experience was repeated at the U.S. Court of Appeals, which denies to this date the NEFs, if they ever existed.
5) Denial of Access - prerequisite for widespread judicial corruption; Restoration of access - to immediate remedy.
There was no plausible explanation why an honest court would establish such practice. More specifically - in cases the
Registers of Actions, in the LA superior Court in cases where they were obtained, are the most direct evidence of the
conduct by the enterprise of a pattern of racketeering activity of the LA-JR.
Already over a a year ago it was recognized that they U.S. government has no power to directly confront the powerful LA-
JR. However, it was also recognized that the operation of the LA-JR was entirely dependent on the denial of access to
computerized records in case management systems. Therefore, requests were forwarded to the U.S. Attorney General, then
Michael Mukasey to restore public access to public records in LA County, as quintessential Equal Protection. We believe that
capturing the case management system of the LA Superior Court and allowing public access could be easily accomplished,
almost overnight, at minimal cost, and large positive impact. There is no way to explain the refusal of the U.S. government to
restore public access to court records.
We also claim that restoration of public access would lead to speedy release of the thousands of Rampart FIPs- left falsely
imprisoned in the past decade.
When no response was received, the Honorable Dianne Feinstein, Senator, and the Honorable Diane Watson,
Congresswoman filed Congressional Inquiries. Responses that were then received from Kenneth Melson- Director, U.S.
Dept of Justice, and Kenneth Kaiser - FBI Assistant Director, Criminal Investigations, were false and deliberately
misleading. Combined with other evidence they demonstrated patronizing of the LA-JR by such senior U.S. Officers.
Evidence likewise demonstrated the intimate relationship between the LA-JR and Countrywide - a corrupt organization that
the FBI refused to investigate. More alarming, is the fact the Countrywide, now as a subsidiary of Bank of America, is
continuing activity that amounts to racketeering even today.
In short -
1) Refusal by U.S. Government to restore public access to court records is inexplicable and amounts to denial of
Equal Protection and various other Human Rights pursuant to ratified International Law.
2) Restoration of Public Access to Court records would result in immediate inactivation of the LA-JR, release of
those who are falsely imprisoned, and restoration of Human Rights.
3) There is no chance to restore banking regulation while corruption of the courts is allowed to continue
unchecked.
witnessed to the public at large... It is obvious that the reporters were all deluded... because the computer system of the
Sheriff Department shows that it indeed took place on March 4, 2009, at 11:05, ok, but not in Mosk downtown, but instead,
in the Never-Existed-Municipal Dept 86, in San Pedro... As far as I am concerned - I would trust the computer systems of
the Courts and the Sheriff before I trust any deluded reporter...
[2] The missing Warrant
The word "Warrant" never appears in the Report and Recommendation. On the other hand, the word "Warrant" does
appear in the code sections that Magistrate Woehrle cited as the basis for the jailing:
Cal Code Civ Proc 1211-1219.
1113 ...judge must direct, by an endorsement on the warrant...
1219a)(a) Except as provided in subdivisions (b) and (c), when thecontempt consists of the omission to perform an act which
is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case
the act shall be specified in the warrant of commitment.
However, in the case of Richard Fine, there was no (a) warrant, there was no (b) endorsement,by a judge there was (c)
no specification in the non-warrant of the act to be performed, and there was (d) no reference to any other record which
provides the authority for the confinement, or specifies the act to be performed. Instead, the Deputy Clerk issued a Remand
Order. That too, much later in the afternoon, it was faxed at 4:31pm, while the arrest took place at 11:05am, and the false
booking was falsely listed as if it took place at 12:23pm at San Pedro. No exigency either...
[3] Back to the Delusional Proceeding on March 4, 2009:
Careful review of the Report and recommendation reveals that Magistrate Woehrle was aware of the schizophrenic nature of
that proceeding. In listing the ancillary proceedings that were part of the unnamed litigation under review she stated:
"Trial was held before Judge Yaffe on December 22, 24, 26, and 30, 2008, and January 8, 12, and 22, 2009." (p8)
The was March 4, 2009 proceeding as part of it!
Later, when she needed to find the basis for the sentencing, she stated:
"Judge Yaffe pronounced sentence on March 4, 2009." (p9)
Therefore, the sentencing was oral sentencing only, and the evidence that she brings for it was a Transcript...
[4] Denial of Access to Records by the Sheriff Department
Attempts to access the Sheriff's records were more elaborate. I asked for the Warrant and Arrest and Booking. I faxed the
requests, and receipt was confirmed, and for some three weeks, I was on the phone almost daily with Sergeant Burson, and
Commander Liang. First, they sent me to the Jail's Front Office, downtown LA. My request was denied for considerations
related to the safety of the inmates. I was sent to Cindy, in the Discovery Unit, in City of Commerce. Cindy was confused,
she could not figure out why they sent me to her. Then I was directed to Municipal Division 86 in San Pedro. They said that
Richard Fine was arrested and booked in San Pedro, that is the official information online Inmate Information Center. The
problem was- there was no such thing as Municipal Division 86 in San Pedro, and no Booking facilities there either. Then
Sergeant Burson told me that the Legal Department of the Sheriff's office may allow me to see the paper, which he called
"Removal Order", and I call Remand Order. I also pointed out to Sheriff Lee Baca's office that the arrest was reported by
media, and the data in the Sheriff system was obviously false. After that - they would not answer any more questions
regarding the papers. All they got, and all that was ever produced in the past was that order which was no Warrant for sure.
[5] Office of the Clerk of the U.S. District Court, Los Angeles
Both the offices of the Clerks - John A Clarke of LA Superior Court, and Terry Nafisi - U.S. District Court, LA, are key to the
operations of the LA-JR, which are based on creating false litigation records, which are falsely represented as true court
records.
a) There were also some additional issues related to concerns of dishonest manipulation of the paper records of the Habeas
Corpus Petition of Richard Fine, Sharon McGee - Supervisor of the Intake Unit at the U.S. District Court, LA, a brave
woman, said that she agreed with me regarding my concerns, and that she took the initiative to raise it with the Court of
Carla Woehrle herself. For a couple of months I then tried to correspond with Terry Nafisi, the Clerk of the U.S. District
Court, on the matter, but it got nowhere. So on Sept 18, 2009, I went in person, and hand delivered s letter to the duty clerk,
asking to see the habeas corpus paper record, which was filed on behalf of Richard Fine. The Duty Clerk gave me a NO on
the this one. He claimed that the petition had been shredded. I later sent a written request to access, inspect, and copy, the
records of the shredding. Never got an answer.
b) I also asked to see the authentication of the records (NEFs) of the habeas corpus case. I got a NO on this one as well,
with no explanation at all.
[6] The Fingerprints of the LA-JR
Nothing in all of this is new. I call it the "Fingerprints of the LA-JR". We was the most common feature in the cases we
collected.
a) Issuance of invalid ineffectual court papers, which were then used as valid and effectual in fraud on the people.
b) Fraud in the entry of judgment was standard procedure, it was likely to be seen as the trademark of the LA-JR - based on
eliminating the Book of Judgments.
c) Fraud in coercing an un-appointed referee to execute such false judgments was also common.
d) Most civil cases were real estate related. That is where the money was.
z Page 9/9 November 22, 2009
e) False imprisonment - were the true speciality of the LA-JR. We have thousands of Rampart-FIPs who were never
release in the past decade.
______________________________________________________________________
More on the LA-JR - on the blog http://inproperinla.blogspot.com/
POSTED BY DEFENDANT AND CROSS-COMPLAINANT IN PRO PER AT 4:44 PM
LABELS:
1.1.1FINE RICHARD,
2.2.1FINE V SHERIFF (09-71692) ALL-CRIM,
2.3.1FINE V SHERIFF (2:09-CV-01914),
3.3.4MARINA V COUNTY (BS109420),
6.2.31 CALENDAR FRAUD,
6.2.41 LA-JR (ALLEGED LA-JUDICIARY RACKET