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NOTICE AND DEMAND FOR THE IMPEACHMENT OF JUDGE MARY YUNKER AND THE

ARREST & PROSECUTION OF LAWYER LEE WOLFGRAM


KEY MEMBERS OF THE STATE OF MINNESOTAS STATE HOUSE AND SENATE JUDICIARY COMMITTEES AND THE JUDICIARY OF THE STATE OF MINNESOTA HAVE COLLUDED TO INFLICT UPON CITIZENS UNLAWFUL AND UNCONSTITUTIONAL REPRISAL FOR SIMPLY ATTEMPTING TO EXERCISE THEIR CONSTITUTIONAL, 1ST AMENDMENT RIGHT TO PETITION THE GOVERNMENT FOR REDRESS OF GREIVANCES(WITHOUT FEAR OF REPRISAL). For about 20 years, Minnesota Citizen Don Mashak has sought Judicial Reform in the State of Minnesota. It was not until the advent of the Internet that Don Mashak had greater success finding and communicating with like minded individuals. For 7 or more years, the Minnesota House and Senate Judiciary Committees have denied 100s of Minnesota Citizens the Right to Petition the Government for Redress of Grievances. These 100s of Minnesotans wanted to give testimony and evidence of corruption within the Minnesota Judiciary. Pursuant to some alleged House and Senate rules the Chairs of those committees have absolute control of their agenda and refused to yield any committee time for these said 100s of Minnesotans to give said testimony.

In frustration, in 2009 after 4 or more years of being denied their right Petition, these Minnesotans had a Ad Hoc Committee meeting, with no real power or effect, to evidence and memorialize the denial of their rights in this alleged Home of the free. You can see video of that meeting here http://bit.ly/ylWyAM and here http://bit.ly/r1DDao MN House and Senate Judiciary Committee members and the Minnesota Judiciary came to see Don Mashak as one of the perceived leaders of this group seeking Judicial TAR Transparency, Accountability and Reform. In the meantime, in early 2008, Don Mashak filed litigation as a Plaintiff against two former employees who, among other things, embezzled money, stole real and intellectual property from his business while he was on vacation. At the direction or acquiescence of said Key members of the Minnesota House and Senate Judiciary Committees, Judge Mary Yunker and others did seek to inflict unlawful and unconstitutional reprisal upon Don Mashak by fixing the previously said litigation against Don Mashak. AUTHORITY Under the Minnesota Constitution the Minnesota State Legislature is responsible for the oversight and discipline of the Minnesota Judiciary. According to the US Judicature Society: Judges may be impeached by a majority vote of the house of representatives and convicted by a twothirds vote of the senate. Citizen Mashak will submit these documents to the Minnesota State House and Senate Majority and Minority leaders, as well as the Minnesota State Attorney General, Lori Swanson. This document is not directed to the MN House or Senate Judiciary Committees because, as previously noted, Key members of those committees either directed or were complicit with this illegal and unconstitutional reprisal inflicted on Citizen Mashak for merely attempting to exercise his right to Petition the Government.

EVIDENCE While Petitioner Mashak has included a long list of irregularities that occurred in this litigation, Citizen Mashak will focus for now on only 4 of the irregularities as they are almost incontrovertible proof of the impeachable and illegal activities. The related case designations are 30-CV-09-429 and A11-638 UNLAWFUL AND UNCONSTITUTIONAL ACT ONE

Judge Yunker from denied any hearings, physical or telephonic, to Plaintiff Mashak and his attorney Wolfgram for 3 months from on or about 9/29/2010 to on or about 12/29/2010. Judge Yunker on September 29, 2010 set a Discovery and Dispositive Motion deadline of 12/17/2010. Plaintiff Mashaks own attorney Wolfgram assured Plaintiff Mashak that Judge Yunker would have to continue the discovery deadline because the Judge herself had refused to set any hearings before the 12/17/2010 deadline. Despite not allowing any hearings between 09/29/2010 to 12/17/2010 to resolving Discovery disputes and motion practice, Judge Yunker on or about 12/29/2010 and on or about 1/9/2011 did deny all of Plaintiff Mashaks Motions as Untimely. Clearly, it is not consistent with the Rule of Law, nor with Plaintiffs unalienable Natural Law Right to Due Process, for Judge Yunker to prevent Discovery, Depositions, Motion Practice and Amending of the Complaint by not allowing any hearings for 3 months, and then only after the 12/17/2010 deadline the judge herself set, passed. Clearly the act of refusing to set hearings for 3 months, refusing to extend the deadline that Judge Yunker had caused to be missed and then ruling Plaintiffs Motions untimely form the unshakable foundation for proceeding with impeachment. This act was done in furtherance of a conspiracy to inflict reprisal upon Mashak for exercising his 1st Amendment Right to Petition the Government for redress of grievances. UNLAWFUL AND UNCONSTITUTIONAL ACT TWO Shortly after the last hearing in which adverse decisions were received, Plaintiff Mashaks own attorney admitted the case had been fixed against Plaintiff Mashak Among what was said in that conversation were words to the effect that they (meaning he and the court) had reduced me to the appearance of a bumbling eccentric Clearly, the admission by Plaintiffs own attorney Wolfgram that he had colluded with the Court to fix the case against Plaintiff Mashak is clear and convincing evidence of an unlawful act in the case of Wolfgram and an impeachable act by Judge Yunker. At the very least, Plaintiff Mashak was fraudulently induced into paying Attorney Wolgram money with Lawyer Wolfgrams false representation that he would represent Plaintiff Mashak to the best of his ability and the Minnesota Judiciarys and BARs fraudulent representation that Minnesota Lawyers are required to adhere to the Minnesota Lawyers Code of Professional Conduct. This point for Judge Yunkers Impeachment is self evident. This act was done in furtherance of a conspiracy to inflict reprisal upon Mashak for exercising his 1st Amendment Right to Petition the Government for redress of grievances.

UNLAWFUL AND UNCONSTITUTIONAL ACT THREE When Judge Yunker and Attorney Wolfgram found out that Plaintiff Mashak was going to appeal, Judge Yunker and Attorney Wolfgram CONSPIRED TO OBSTRUCT JUSTICE and TAMPERED WITH EVIDIDENCE. Before returning the client file, Attorney Wolfgram removed large amounts of documents from said client file. Said documents evidenced the reason Plaintiff Mashak should prevail, but more importantly to Lawyer Wolfgram and Judge Yunker, said documents evidenced their wrong doing. Judge Yunker and/or her agents removed almost the identical documents from the Court file. Plaintiff Mashak sought to replace the documents missing from the Client file with the copies from the Court file. For weeks, Court personnel failed to return calls and/or stated they could not find the documents. Judge Yunker ignored calls, correspondence and motions seeking to recover said documents. Finally, when the deadline for the appellate brief was almost upon Plaintiff, Plaintiff physically went to the Court house and was told, that the documents never existed. Only when Plaintiff Mashak went to the Police Department did the allegedly never existed documents suddenly turn up in Judge Yunkers chambers. Unfortunately, this was after the Appellate Court deadline. Clearly, the removal of the documents from the client file by Lawyer Wolfgram and the Court file by Judge Yunker and/or agents of Judge Yunker in and of themselves are unlawful in the case of Wolfgram and an impeachable event by Judge Yunker. The removal of the documents from both files demonstrates the conscience knowledge by Wolfgram and Yunker that these documents were incriminating to both Lawyer Wolfgram and Judge Yunker. Lawyer Wolfgram and Judge Yunker tampered with evidence by removing it to obstruct justice by removing documents that evidenced their guilt. The fact that the documents missing from both files were almost identical is evidence of collusion and conspiracy. Unlawful for both Wolfgram and Yunker, Impeachable for Yunker. This act was done in furtherance of a conspiracy to inflict reprisal upon Mashak for exercising his 1st Amendment Right to Petition the Government for redress of grievances. UNLAWFUL AND UNCONSTITUTIONAL ACT FOUR

Upon finally receiving the documents, Plaintiff Mashak did submit a brief and the documents describing what had happen and also motions to preserve is right to pursue his causes of action. The Appellate Court said it did not need to consider those documents, because the un-amended Complaint before them did not merit paying much or any attention to the briefs, memorandum and the finally found documents. In essence, the Minnesota Appellant Court aided and abetted Lawyer Wolfgram and Judge Yunker in their criminal conspiracy. They allowed Lawyer Wolfgram and Judge Yunker to benefit from the intent of their crime by refusing to consider the documents and related motion practice as was the intent of the Wolfgram/Yunker Criminal Conspiracy. As the intent of the criminal conspiracy was to inflict unconstitutional reprisal upon Petitioner Mashak for openly criticizing the systemic corruption of the Minnesota Judiciary (Right to Petition for grievances) we now have before us the motive for the Minnesota Appellate Court aiding and abetting the Criminal Conspiracy of Wolfgram/Yunker. This act was done in furtherance of a conspiracy to inflict reprisal upon Mashak for exercising his 1st Amendment Right to Petition the Government for redress of grievances. ADDITIONAL EVIDENCE Other persons have made similar complaints about Judge Yunker. My understanding is that Paul Volkommer has a claim about to be heard by the Legislative Claims Commission. I only know Mr. Volkommer after the fact of most of what happened to him at the hands of Judge Yunker. We met at various Judicial TAR and TEA Party meetings. My understanding is that in his case: Mr. Volkommer was a founder the Baldwin Township fire department. Mr. Volkommer was elected to the township board. Mr. Volkommer discovered $80,000.00 illegally spent by Baldwin Township. Baldwin township Board Members advised him to shut up. Mr. Volkommer reported his findings to the State Auditor as required. The MN State Auditor agreed with Mr. Volkommer on about 90% of his concerns. The Sherburne County attorney refused to prosecute. The Baldwin Township illegally fired Mr. Volkommer from the Baldwin Fire Department for whistle blowing. Mr. Volkommer sued over the illegal firing and on behalf of the citizens of Baldwin Township. My understanding is that Mr. Volkommer experienced simulated litigation and fact shaping similar to that that Petitioner Mashak experienced.

More specific to my Demand for Impeachment Judge Yunker and the arrest and prosecution for my attorney Wolfgram is the following: Mr. Volkommer alleges his own attorney John Fabian of Fabian, May and Anderson, PLLP did not represent him honestly, ethically and to the best of his ability. In its secret unpublished Landmark decision Fabian, May and Anderson PLLP v Volkommer A101205, the Minnesota District, Appellate and Supreme Courts ruled that no Minnesota Attorney has the duty to treat their client(s) ethically [Minnesota Lawyers Code of Professional Conduct not an implied covenant of contract between Minnesota Lawyer and their client(s)] There can be no doubt that with this ruling the Minnesota Courts have established that they are systemically corrupt. FURTHER DEMAND As a further demand, this Petitioner demands that the Minnesota Legislature immediately past legislation condemning Fabian v. Volkommer A10-1205 and reaffirming that all Minnesota Lawyers are subjected to a Code of ethics drafted and approved by the Minnesota Legislature. Is it really the intent of this legislature to allow the courts and lawyers to ruthlessly take the money of Minnesota Citizens and not represent them ethically? How many people are in jail already because there Public Defender threw there case to advance their career as a Government Prosecutor because they were not ethically bound to represent their clients to the best of ability. CONCLUSION THE EVIDENCE FOR IMPEACHMENT, ARREST AND PROSECUTION IS CLEAR AND CONVINCING Judge Yunker cannot explain away three months of refusing to set hearings Judge Yunker cannot explain away then ruling that various motions of Plaintiff were untimely Judge Yunker and Lawyer Wolfgram cannot explain away how large amounts of almost identical documents were missing from the client file and the Court file. Judge Yunker cannot explanin away why the allegedly missing documents were found in her chambers and then only after Plaintiff Mashak went to the police to file a police report. Lawyer Wolfgram cannot give a legitimate reason why he waited until 7 days before the deadline to to serve Notice of Deposition nor why the Defense said they did not receive said Notice of Deposition. The evidence of Simulated Litigation and Fact shaping is overwhelming. http://bit.ly/yHU59Y FAILURE TO ACT WOULD DAMAGE THE LEGISLATURES OWN PUBLIC IMAGE

The Minnesota Legislature and Attorney General have no choice but to fully proceed with this Notice and Demand to Impeach, arrest and Prosecute. To fail to do so, will establish that not only is the Minnesota Judiciary Systemically corrupt but so is the Minnesota Legislature. RARE OPPORTUNITY The Minnesota Legislature and Attorney General must seize upon this rare opportunity to crack down on corruption in the Minnesota Judiciary. What Minnesota Citizen (other than a lawyer who would have to forfeit his career) has the knowledge and ability to draft this Notice and Demand and present the associated evidence in a clear and concise manner? What other Minnesota Citizen would survive and keep their wits about them, to allow this corruption to be successfully NEED FOR IMMEDIATE ACTION This Petitioner is greatly concerned for his fellow citizens who have been savaged by the systemically corrupt courts of the state of Minnesota. How many lives have been wrecked or destroyed by the whim of these corrupt judges and their confederates who protect their wrongdoings from being addressed and redressed? This Petitioner is particularly concerned about those persons in jail who are actually innocent. The ones that are just their because a Public Defender sought to gain favor with the prosecution as a means of career advancement. A Public Defender who was not bound to treat their client ethically because of the absolutely evil ruling in Fabian v Volkommer A10-1205. For 7 years, hundred of Minnesotans have been denied the 1st Amendment Right to Petition for redress of grievances by giving testimony and evidence of corruption in the Minnesota Judiciary. None are more hopelessly enslaved than those who falsely believe they are free! Johann Wolfgang Von Goethe This Petitioner will refuse to hear excuses of lack of time and lack of notice. The Minnesota House and Senate Judiciary Committees have actively stalled this Judicial TAR Movement for 7 years. No more stalling. (As an aside, as a result of the stress this Petitioner has and continues to endure at the hands of Minnesotas corrupt court, his health is rapidly declining. Petitioner would like to see resolution of this matter before he is dead.) Finally, this is the opportunity for all Minnesota Legislators to demonstrate whether they are on the side of the corrupt status quo or WE THE PEOPLE.

If this Legislature fails to act in a manner to overwhelm the evil of the systemically corrupt Minnesota Courts, know they this: No amount of handshaking, baby kissing and/or welfare handouts will relieve the Citizens of the Minnesota of the knowledge that each and every Legislator is as evil and systemically corrupt as the Minnesota Judiciary.

Myself and others look forward to the opportunity to meet with each of you and to give testimony before the entire Minnesota Legislature. The long list of irregularities appears after the signature. The incomplete list of publications where the progress on this matter will be reported will be found after the list of irregularities. Further this Petitioner sayeth not: Those were my thoughts. In liberty

Don Mashak 3/19/2012 The Cynical Patriot 612-326-6070 Rt 1 Box 231 Albertville MN 55301 http://twitter.com/DMashak Short list of Person sent to: MN Speaker of the House Kurt Zellers rep.kurt.zellers@house.mn fax 651-296-5378
MN House Minority Leader Paul Thissen rep.paul.thissen@house.mn fax 651-225-2572 MN Senate Majority Leader David Senjem sen.david.senjem@senate.mn fax 651-296-6511

MN Senate Minority Leader NO REAL EMAIL Thomas Bakk fax 651-225-7572 Republican Caucus fax 651-296-5378 Democrat Caucus fax 651-296-9411 MN AG Lori Swanson fax 651-282-5700 Cc: All MN legislators w/ real email addresses

IRREGULARITIES IN REVERSE CHRONOLOGICAL ORDER


1) Allegedly lost documents, Found in the Judges chambers only after Appellant Mashak when to police department to file a police report. 2) Almost the same Key document removed from the Court File and lost for weeks; 3) Key documents removed from clients case file by Lawyer Wolfgram; 4) Appellants Lawyer Respondent Wolfgram admits after hearing in which Appellant loses that he and the court have destroyed Appellants credibility and utters words to the effect that Appellant Mashak has been reduce to looking like a bumbling eccentric; 5) Judge Yunker refuses allow any physical or telephonic hearings from September 29, 2011 until on or about December 29, 2011, despite giving a 12/17/2011 deadline for Discovery and Summary Judgment Motions; 6) At both the hearings on or about 12/29/2010 and on or about 1/9/2011, the court took extreme measures to make sure no recording devices were present. 7) Respondent Wolfgram says he cant file Motions to Compel Discovery, Force Depositions or amend complaint until Judge sets a hearing date; 8) Attorney Wolfgram says he has case under control but Judge wont set hearings; 9) Appellants Attorney Respondent Wolfgram says Defense Attorney says never got Deposition Notice; 10) Attorney Wolfgram waits until about 10 days before Discovery Deadline to notice Depositions; 11) Appellant Mashak learns the Appellate Court has reversed and remanded the Harassment Restraining Order; 12) Attorney Wolfgram says Respondent wont produce Discovery, must compel; 13)On or about September 29th, 2011 Appellant Mashak shows up Sans an attorney and Court extends Discovery and Summary Judgment Motion Deadlines Deadlines to December 17, 2011; 14) Appellant Mashak fires Attorney Mark Olson for refusing to file Motions for Discovery, Amended Complaint, etc. 15)A September 16th hearing is canceled by the Court, but Attorney Mark Olson takes the fall saying he forgot to call his client, Appellant Mashak and tell him it was cancelled; 16) Appellant Mashak is furious Why did Attorney Olson allow the 9/16/2012 hearing date to be cancelled? It is in Appellants best interest to compel discovery before the Respondents Motion for Summary Judgment is heard. 17)A few days before on or about September 16th, Appellant Mashak is told by attorney Olson that the date of the hearing was canceled by the Court; 18) Appellant Mashak gets copy of 6/9/10 transcript made so Defense can no longer say wont give discovery because dont know that Discovery has been extended. 19) In early September, in a 3 way phone call Olson tells Appellant and others that he is getting it from the front and the back meaning from me and from the Court; 20) On or about September 2, 2011, Respondent files a motion for summary Judgment;

21) Only upon hearing that I was having a transcript made of the hearing to provide to Respondents did Judge Yunker suddenly allege the amended scheduling order must have got lost and produced another one. 22) Respondents refused to answer any discovery without the amended scheduling order and Judge Yunker refused to return Attorney Olsons phone calls. 23) The Court failed to send out a copy of the Amended Scheduling order. 24) Because Counsel nor Respondents attended the June 9, 2011 hearing, they said they were not aware that discovery had been extended 25) Respondents Meeks and Hull then retained Counsel; 26) On or about June 9, 2011, Appellant Mashak and Attorney Olson Show up for pretrial hearing; Respondents Meeks and Hull do not show up. Court refuses motion for summary judgment. Court sets next date as 9/29/2011 27) In late May, 2011 Appellants retain attorney Olson; 28) File Appellate Brief Myself; 29) Learn that Attorney OBrien missed deadline for filing appellate Brief; 30) Finally get Court file back from Attorney OBrien, left in an open vehicle on my property; 31) For 2 months or more, Lawyers Professional Responsibility Board says they cant force OBrien to give Appellant Mashak back the Client File; 32) Meet the Police at office of Attorney OBrien but they say they wont make contact because this is a civil Matter; 33) Attorney OBrien Disappears; 34) December 2010, retain Attorney OBrien; 35) Attorney Longrie wont surrender files. 36) Attorney Longrie Not returning calls, not doing depositions; 37) Attorney Longrie pursues Amended Finding of Facts in re harassment restraining order; 38) Attorney Longrie files for appeal of small claims court decision; 39) The day before the original small claim matter is to be held, Attorney Longrie says she cant be there and Appellants cannot ask for a continuance. Deliberately omits documents that she knows to be necessary to prevail on repossession deficiency; 40) Spring 2010 Appellants retain Respondent Diana Longrie. 41) Respondents file harassment restraining order against Appellants making wild and colorful accusations about Appellant Mashak as a strategy to fight law suit; 42) Anoka county Court calls Respondents and tell them Appellants know address and are about to serve process on them; 43) Fall 2009, Finally find correct address for Respondents Meeks Hull 44) For about a year, Respondents Meeks and hull avoid small claims service of process; 45) Respondents Meeks and Hull refused certified letter service of process; (the Anoka failed to tell me that the refused envelope was considered sufficient service of process) 46) In or about December 2007, file in small claims court because Respondents would not be able to pay a large judgment even if said judgment was granted. Therefore most cost effective way is small claims court without including all claims. 47) Between Spring of 2006 and Fall of 2007, here rumors and feed back that Respondents are spreading rumors have started their own repo business in violation of their employment agreement, etc.

48) In Summer of 2006, Respondents try to sell Ford Expedition in which Appellants have a second lien in violation of MN Stat 609.62. In the end, Respondents force credit union to repossess the vehicle instead of return it to Appellant. 49) In January of 2006, while Appellant Mashak is out of the Country on vacation, Respondents embezzle money, steal company real and intellectual property and start their own repo business. SUMMARY OF HIGHLIGHTS OF IRREGULARITIES 1) Wolfgram Admission to throwing the case, 2) Nearly identical documents missing from both the client and court file. 3) Judge Yunker saying motions untimely when judge refused to set hearings for more than two months; 4) Judge refusing to set hearings for more than two months 9/29/2010-12/29/2010 and then finding the motions untimely because of the courts delay; 5) Judge taking extreme measures at the 12/29/2010 and 1/9/2011 hearings to make sure no extraneous recording devices were in the Court room; 6) Wolfgram fails to promptly file Notice of Deposition; 7) Judge Yunker cancels 9/10/2010 Discovery hearing with Summary Judgment impending on 9/29/2010; 8) Judge Yunkers refusal to respond to calls by Lawyer Olson to replace allegedly missing scheduling order for more than 2 months; 9) Attorney Olsons Complaint that he is getting it from the front and the back 10) Attorney Olsons failure to amend complaint shortly after 6/9/10 hearing as court agreed; 11) The Courts failure to force Attorney OBrien to return the client file for more than 2 months; 12) Longrie deliberately tells Mashak certain document that was required to prove repossession deficiency was not required; 13) Longrie bails on representation the day before the most important hearing saying she has a conflict and court case cannot be rescheduled. SIMULATED LITIGATION / FACT SHAPING Simulated litigation is giving the appearance of actual litigation while in fact the case is being steered to an outcome desired by the Court. (FIX) Fact Shaping is the deliberate addition to, or the prevention of, evidence being placed on the official Court record (balance scale) in such a way to allow the Court to rule the way it desires. In Appellants present case, Appellants were denied depositions, compelled Discovery and amending their complaint over two years and having spent $20.000.000. This is simply not possible if an attorney is working to the best of their ability. This is a violation of Appellants unalienable Natural Law Rights to Due Process. DEPOSITIONS

Respondent Lawyer Wolfgram waited to about 7 days before the 12/17/10 Discovery deadline before he allegedly served the Notice of Deposition on the Defense. And the defense insists they were never served. And then Judge Yunker refused to take even a telephone hearing to resolve the deposition issues. And then Judge Yunker refused Appellant the opportunity for depositions when they did appear before her. Appellant Mashak retained Lawyer Wolfgram in October of 2010, and from that point Appellant Mashak insisted the Deposition Notices be immediately sent by Wolfgram. Wolfgram deliberately did not comply as part of the Fact Shaping directed by Judge Yunker. Clearly Appellants own attorney and the Court conspiring to deny the opportunity for depositions is not consistent with commonly accepted practices of jurisprudence. The failure to permit Appellants to take Respondents Depositions is a violation of Appellants unalienable Natural Law Right to Due Process. This is a violation of Appellants unalienable Natural Law Rights to Due Process. DISCOVERY REQUESTS FOR ADMISSIONS, INTERROGATORIES AND DOCUMENT PRODUCTION REQUESTS For two years and at the cost of $20,000.00, Appellants got unsatisfactory responses on or about 12/17/2010, the last day of Discovery? Again, machinations of the Court and Appellants own attorney Wolfgram to deny Appellant Discovery is not consistent wit Due Process. This is a violation of Appellants unalienable Natural Law Rights to Due Process. AMENDED COMPLAINT Again, according to Respondent Wolfgram, Judge Yunker refused to set any hearing from when he was retained in October 2010 until after Judge Yunkers self imposed deadline of 12/17/2012. Judge Yunker then ruled on or about 12/28/2012 the amendments were untimely? It is antithetical to Due Process to refuse to set any hearings for more than 2 months and then say the motions to amend are then untimely. Clearly refusing to set hearings for 2 months and then saying motions are untimely is inconsistent with Due Process and Article 1 Section 8 of the Minnesota Constitution. This is a violation of Appellants unalienable Natural Law Rights to Due Process. DISCUSSION OF SOME OF THE LITIGATION IRREGULARITIES

Appellants will just highlight and summarize here the long list of irregularities and occurrences. It will be clear to any reader that these irregularities did and/or were intended to violate Appellants right to Due Process and engage in Simulated litigation and Fact Shaping. CIRCUMSTANTIAL EVIDENCE OF COLUSION BETWEEEN THE COURT & ATTORNEY WOLFGRAM Perhaps the most damning of these irregularities were the documents missing from the Court file and the client file last summer. Attorney Wolfgram removed vital documents from the client file before returning the rest of the files to Appellant Mashak. Appellant Mashak attempted to take the direct rout of replacing the missing documents with copies from the Court file. `For weeks, the Court insisted that the missing documents were never in the Court file. Only when Appellant went to the police to file a report did the missing documents appear. Allegedly they were found in Judge Yunkers chambers. The circumstantial proof that Judge Yunker and Appellants former lawyer Respondent Wolfgram did communicate and collude to hide these documents is that the files missing from the client file were almost identical to the ones allegedly lost in the Court file. It is highly improbable that almost exactly the same documents would be missing from the Court file that were missing from the Client file (which Wolfgram removed) Some Communication between the Court and Wolfgram occurred for almost exactly the same documents to be missing. Clearly, just the simple act of both Lawyer Wolfgram and Judge Yunker attempting to keep those documents from Appellant demonstrates they knew the value of those documents, knew what they were doing was wrong and were attempting to cover up their conspiracy. RESPONDENT WOLFGRAM ADMISSION What more does Appellant Mashak have to say. Following the hearings on or about 1/9/11, Wolfram stated words approximately to the effect that he and the court had reduced Appellant Mashak to a bumbling eccentric. What more proof does Appellant have to provide to demonstrate, fraud, fraudulent inducement and theft by swindle. Respondent Wolfgram admitted he did not act in the best interest of Appellant. Respondent Wolfgram purposely did not timely file documents and Notices despite Appellants repeated insistence and then demands that the Judge would not change the 12/17/10 hearing date and therefore everything must be filed immediately (This was again in October 2010) Respondent Wolfgram is not entitled to keep the money he fraudulently induced Appellant Mashak to pay. ARTICLE 1 SECTION 8 COMPLETELY AND WITHOUT DENIAL, PROMPTLY AND WITHOUT DELAY Judge Yunker set a Discovery and Dispositive Motion Deadline of 12/17/10. From 9/29/2010 to on or about 12/29/2010, Judge Yunker refused to have any hearings, even by teleconference.

Then on or about 12/29/2010 and on or about 1/9/2011, Judge Yunker ruled that various motions were untimely. IT IS A VIOLATION OF DUE PROCESS TO REFUSE TO HOLD HEARINGS FOR MORE THAN 2 MONTHS AND THEN STATE THAT THE MOTIONS ARE UNTIMELY ONLY BECAUSE THE COURT REFUSED TO SET HEARINGS EARLIER. This Court should now see two patterns evolving, a macro pattern of the systemic corruption of the Minnesota Courts and the micro pattern of the denial of Appellants unalienable Right to Due Process in Appellants case. The case law ruling 10-1205 not requiring Minnesota Lawyers to treat their clients ethically, allows Minnesota Lawyers to collude with the Minnesota Courts to fix cases through Simulated Litigation and Fact Shaping. There can be no other purpose on making such a ruling, other than the intention to allow Minnesota Lawyers to treat their clients unethically. In the Micro level, WE add the Wolfgram Admission, to the nearly identical documents missing from both the client and court file. And now we have the Judge refusing to set hearings for more than two months and then finding the motions untimely because of the courts delay. These three irregularities alone should be sufficient to document the criminal intent of Judge Yunker and Appellants Lawyers, but we are not done yet. THE CANCELED HEARING DATE There was a hearing that was reserved since July 9, 2010, for on or about 9/17/2010. Judge Yunker canceled that hearing. This information came to me in an email from my previous attorney Olson. Olson said the judge cancelled the hearing. When I pressed this issue with the Board of Judicial Standards, Attorney Olson changed his story (I believe under duress) This hearing was important to resolve discovery issues as Defense had moved for summary Judgment hearing on 9/29/2010. Clearly, no judgment hearing should be held before Discovery issues were addressed by the Court. Appellant asserts that Judge Yunker wanted to fix this case by keeping facts favorable to Appellant off the record by avoiding discovery. During Discussions and then later arguments by Appellant with former attorney Olson, Olson repeatedly said he was getting it from the front and the back. (meaning from Appellant and the Court) Why should the Court be interfering with Appellants attorney. Attorney Olson never submitted the Amended Complaint the Court authorized on or about 6/9/10 within the 10-14 days the court permitted. As a result of the arguments over the changed date and the missing scheduling order, I fired Attorney Olson. Appellant asserts that again this is a violation of his unalienable Right to Due Process and further, that the Money paid to Mark Olson should be refunded, because Olson was working for the interests of the Court and not the best interests of Appellant, his then client.

This is a violation of Appellants unalienable Natural Law Rights to Due Process. THE MISSING SCHEDULING ORDER Respondents Meeks-Hull and Hull did not show up to the hearing on or about 6/9/10. Appellant retained Attorney Mark Olson a couple weeks before this hearing. At that hearing, the court agreed to a new scheduling order and indicated it would mail it soon. In the meantime, Respondents Meeks=Hull and Hull got an attorney. This attorney refused to answer any Discovery arguing that they were not aware the Discovery Deadline had been extended. For Weeks Attorney Olson said the Court would not answer his calls. Finally I had a copy of the transcript made and told Attorney Olson to send it to the Respondents as proof of the changed Scheduling order. This was about the 10 of September 2010. (Please note the pattern, again for 2 months or more Judge Yunker delays process) When the copy of the transcript derailed their ability to prevent me from getting discovery, the Court said the first scheduling order from 6/9/10 was permanently lost. At the 9/29/10 hearing the Court pronounced the 12/17/2010 These machinations to deny Appellants Discovery are violations of his unalienable Right to Due Process. THE UNRECOVERABLE CLIENT FILE Attorney Joe Obrien was retained in about December 2009. Attorney OBrien disappeared. For months the Minnesota Lawyers Professional Responsibility Board said they could not make him surrender my client file (Why if I can have my Drivers license suspended for not taking a breathalyzer, cannot not an attorney license be pulled over refusing to give a client their files back? Double Standard) My recollection is that I did not recover the client file until June 2010. I believe Mr. OBrien suffers from a drug addiction and that the Minnesota Judicial System just took advantage of his illness to delay and deny me justice. Mr. OBrien missed filing deadlines and did not perform as agreed. This is a violation of Appellants unalienable Natural Law Rights to Due Process. RESPONDENT DIANA LONGRIE Respondent Longrie was my initial attorney. She failed to object to evidence being put on the record and failed to place evidence on the record. She failed to get my polygraph on the record though the judge said he would accept it. The day before the most important court hearing she

told me she could not attend and that the hearing could not be continued. She purposely omitted evidence for me to introduce. Clearly, not showing up for a hearing and lying about not being able to continue it is a violation of my unalienable Right to Due Process. Violation of Article 1 Section 8 of the Minnesota Constitution Sec. 8. REDRESS OF INJURIES OR WRONGS. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws. The Minnesota Courts had an additional duty to allow Appellants to obtain justice freely and without purchase completely and without denial, promptly and without delay Clearly the number of irregularities by the Court in this matter were intended or should have been reasonably known to drive up the cost of this litigation. Clearly this matter was not handled promptly and there was great delay. Clearly things like interfering with Appellants attorneys, refusing to replace allegedly missing scheduling documents, misplacing items from the file on two separate occasions and refusing to set any hearings from on or about September 29, 2010 to on or about December 29, 2010 were intending to or should have been reasonably known to run up the cost of the litigation. The list of Litigation irregularities later in this brief will demonstrate the enormous nature of the subterfuge and shenanigans the Minnesota Courts engage in to trying to keep evidence favorable to Appellants out of the official Court record. This is a violation of Appellants unalienable Natural Law Rights to Due Process. RICO SYSTEMIC CORRUPTION - FRAUD MN Appellate Case 10-1205 alone is enough to demonstrate the systemic nature of the Corruption in the Minnesota Courts. However, Minnesota Government has another rule/law intended to subvert any Minnesota Citizens unalienable Natural Law Right to Due Process. County attorneys and Law enforcement are willing accomplices to the systemic corruption. When clients of Minnesota Attorneys complain about theft by swindle, Simulated Litigation and fact shaping, Law Enforcement refuse to take a police report. Hennepin County Law Enforcement repeatedly told Appellant Mashak that all matters having to do with Lawyers were civil not criminal matters. They refused to take a police report. And Hennepin County Attorney refused to answer letters and phone calls. Instead, Mr. Freeman would have his underlings say, You have to file a police report knowing full well this was not possible.

The result is convoluted cover-up conspiracy. Respondent Lawyer Wolfgram falsely represented to Appellant Mashak that he would represent Appellant Mashak to the Best of his ability. This was the fraudulent inducement which caused Appellant to pay Respondent Wolfram. Respondent Wolfgrams admission that he threw Appellants case is confirmation of the fraudulent nature of the representation. Lawyer Lee Wolfgram admitted to Appellant Mashak that the case had been purposely mismanaged and Appellant Mashak was again denied due process in not being able to have Lawyer Wolfgram charged with Theft by Swindle This is a violation of Appellants unalienable Natural Law Rights to Due Process. Other evidence of RICO activities of the Minnesota Courts and Government can be found here Minnesota Injustice http://amzn.to/xZnYrO Marlenas Journal http://amzn.to/zAGD8W This list is far in excess of the requisite 3 predicate criminal acts under RICO. All of the cases in the above listed sources (books and websites) establish a pattern of RICO type systemic corruption in the Minnesota Courts. And while this one point on its own, might not prove that the Minnesota Courts are purposely unfit, the cumulative weight of the this point and the following and previous points provide overwhelming evidence that the Minnesota Courts are unfit, that Appellant Mashak was denied due process, the Appellants were fraudulently induced to pay more than $20,000.00 to lawyers who purposely threw his case.

INCOMPLETE LIST OF PUBLICATIONS WHERE PROGRESS ON THIS MATTER WILL BE PUBLISHED PREAMBLE If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen Samuel Adams, Early Leader of American Revolution, 1 of 56 Signers of US Declaration of Independence, Massachusetts Governor(1794-1797)

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