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Human Rights Alert

PO Box 526, La Verne, CA 91750 Fax: 323.488.9697; Email: jz12345@earthlink.net Blog: http://human-rights-alert.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert

10-07-04 Complaint against Attorney Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice Ronald George – for public corruption, deprivation of civil rights under the color of law – Pertaining to Habeas Corpus Petition of 70 Year Old Former US Prosecutor Richard Fine.

Andre Birotte Jr., US Attorney, Central District of California. 221 N Figueroa St, Los Angeles, CA 90012 By certified mail. By fax: 213-894-6269, 213-894-0141

TO US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA: On this Independence Day, 2010, please accept instant Citizen’s Complaint by Joseph Zernik, PhD and Human Rights Alert (NGO) against Attorney Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice Ronald George – for public corruption, deprivation of civil rights under the color of law – Pertaining to Habeas Corpus Petition of Richard Fine. Complaint is filed herein with the Office of US Attorney, Central District of California, for the recently publicized “specialized unit to prosecute public corruption and civil rights cases”. i

Please also accept instant Citizen’s Complaint as a request for Equal Protection pursuant to the US Constitution and also as a request for Equal Protection pursuant to ratified international law – the Universal Declaration of Human Rights of the 10 million residents of Los Angeles County.

1. Complainants

Human Rights Alert (NGO) and Joseph Zernik, PhD, resident of Los Angeles County, California

Mailing Address:

PO Box 526, La Verne, California 91750

Mailing Address:

PO Box 526, La Verne, California 91750

Tel:

323-515-4583

Fax: (preferred)

323-488-9697

Email: (preferred)

jz12345@earthlink.net

2. Accused:

a) Attorney Kevin McCormick

Benton, Orr, Duval & Buckingham

Address:

39 North California Street, Ventura, CA 93001

Work:

805-648-5111

b) California Chief Justice Ronald George and the California Judicial Council

Address:

Stanley Mosk Courthouse, 110 North Grand Ave., Los Angeles, CA 90012

Address:

455 Golden Gate Avenue, San Francisco, California 94102- 3688

Work:

415-865-7740

3. General Claims

Conduct of Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice, Ronald George including, but not limited to unlawful appearances and filing of fraudulent records in the habeas corpus petition of Richard Fine – Fine v Sheriff (2:09-cv-01914) is alleged as serious abuse of the

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Constitutional, Civil, and Human Rights of Richard Fine and all who reside in California. including, but not limited to:

a)

Public Corruption,

b)

Deprivation of Rights Under the Color of Law,

c)

Honest Services Fraud,

d)

Extortion,

e)

Fraud,

f)

Mail Fraud, and

g)

Conspiracy

4. Complainant is NOT an Attorney

Complainants are not attorneys, and are not represented by attorney in any of the matters described in instant complaint either. For such reason, in most case, no section of the code was cited. US Attorney is requested to apply the correct sections of the code. In case error was made, where sections of the code were cited, US Attorney is requested to disregard such citations, and apply the correct section of the code instead.

5. Additional Evidence and Records:

For the sake of brevity, only a small part of the evidence was described and linked below. Please do not

hesitate to contact Dr Zernik for additional evidence in this matter. Additional record pertaining to the habeas corpus petition of Richard Fine - Fine v Sheriff (2:09-cv- 01914) are readily available under PACER and CM/ECF – the US District Court, Central District of California.

A.

Conduct of Attorney Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice, Ronald George

6.

7.

The Sheriff of Los Angeles County, named Respondent in the habeas corpus petition refused to respond on the petition. Instead, Attorney Kevin McCormick appeared in the litigation under the caption and case number listed above, purporting to be authorized to do so on behalf of Judge David Yaffe and the Superior Court of California, County of Los Angeles.

As is made clear in correspondence between Joseph Zernik, PhD, and the California Judicial Council, ii Attorney McCormick engaged in such appearances through collusion with the California Judicial Council Chaired by California Chief Justice Ronald George. However, the correspondence documented that in fact Attorney McCormick was never authorized to appear in the caption of Richard Fine v Sheriff of Los Angeles County (2:09-cv-01914).

8.

Likewise, Attorney Kevin McCormick never filed a certificate of Counsel of Record for his purported clients – Judge David Yaffe and the Superior Court of California, County of Los Angeles. Moreover, there is no evidence that Attorney McCormick ever communicated with his clients in the matter where he was purporting to represent them.

9. In such appearances, through alleged collusion, Attorney McCormick filed false records, false declarations and other papers, all intended to affect the false imprisonment of Richard Fine. Richard Fine, former US prosecutor, who

exposed, publicized, and rebuked taking by judges in Los Angeles County of "not permitted" payments (called by media "bribes"). On February 20, 2009, the Governor of California signed "retroactive immunities" (pardons) for all judges in Los Angeles.

10. Of particular notice are records originating from the Sheriff’s Department which were filed by Attorney McCormick, and were purported to be a March 4, 2010 Judgment of Contempt and March 4, 2010 Remand Order. iii Such record were false and deliberately misleading:

a) The Judgment was a false record on its face: It was stamped “FILED” on March 4, 2009 on its face page, while it was signed by Judge David Yaffe with the date of March 24, 2009 on its last page. The Judgment was never entered either, as required by California law to make it “effectual for any purpose”. It was never authenticated either, as required to make it a valid and effectual court record.

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b) The Remand Order was yet another invalid and ineffectual court record. It failed to appear among

the records of the Superior Court in the originating case – Marina v LA County (BS109420). Moreover, Remand and Removal Orders pertain to persons under custody of the Sheriff, and Richard Fine was not under custody at that time.

11.

Regardless, Attorney McCormick filed such records with a Declaration under penalty of perjury, purporting it to be the legal foundation for the ongoing holding of Richard Fine by the Sheriff of Los Angeles County.

12.

It should be further noticed that the Sheriff of Los Angeles County, in response to requests filed by Joseph Zernik and Human Rights Alert pursuant to the California Public Records Act and inquiry by the Honorable Michael Antonovich, Supervisor of Los Angeles County, produced entirely different records. iv The records produced by the Sheriff purported that Richard Fine was arrested and booked by the Sheriff’s Department on location and by authority of the “Municipal Court of San Pedro”. No such court has existed for almost a decade. Moreover, the Sheriff Deputy on location at the San Pedro Annex of the Superior Court of California, County of Los Angeles, denied that Richard Fine or anybody else was arrested and booked there in recent years. In fact, the Sheriff Deputy insisted that there were no booking facilities on location.

13.

Therefore, it is alleged that the records produced by the Sheriff of Los Angeles County were fraudulent records as well.

14.

Combined, it is alleged that there were and are no records at all conforming with the fundamentals of the law to provide the legal foundation for the arrest and ongoing confinement of Richard Fine, and Richard Fine is therefore entitled to his immediate release pursuant to Fay v Noia (1963). Instead, he has been subjected since March 4, 2009 to false imprisonment under solitary confinement. His false arrest and false imprisonment are alleged as retaliation for exposure of large-scale public corruption at the Superior Court of California, County of Los Angeles. Attorney Kevin McCormick and the California Judicial Council, Chaired by California Chief Justice Ronald George are alleged as central to this scheme.

B.

Refusal of Attorney Kevin McCormick and the California Judicial Council, Chaired by Ronald George to Initiate Corrective Actions, even after Noticed of their Conduct.

15.

The California Code of Judicial Ethics requires judges to initiate corrective actions, upon being reliably informed of inappropriate conduct at the courts. Attorneys are likewise required to engage in honest appearances pursuant to Professional Codes of Conduct. All parties involved in this case were duly informed of the alleged acts of public corruption and deprivation of civil rights under the color of law alleged in this complaint: v

a) Attorney Kevin McCormick

b) California Chief Justice Ronald George and the California Judicial Council.

c) Lee Baca, Sheriff of Los Angeles County,

d) Judge David Yaffe,

e) Chief Judge of the Superior Court of California, County of Los Angeles Charles McCoy,

f) Clerk of the Superior Court of California, County of Los Angeles John A Clarke.

16.

Regardless, Richard Fine remains falsely imprisoned to this date, and there is no evidence of any corrective actions by any of the parties listed above.

17.

Petition Filed with Sheriff Lee Baca: In October 2009 an online petition was initiated, which was also faxed to Sheriff Lee Baca. vi The petition provided links to the false and deliberately records that the Sheriff produced in response to requests pursuant to the California Public Records Act for the arrest and booking records of an individual prisoner, and requested that the Sheriff release such person, who is held under false pretense under the color of law. At the writing of this complaint the petition shows some 300 signatures from people across the United States and around the world.

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18.

The matter of false imprisonments by the Sheriff, under false and deliberately misleading records, was never reviewed by court to the best of my knowledge. None of the orders, judgment and mandate in the habeas corpus petition Fine v Sheriff (2:09-cv-01914) were authenticated by the US District Court, Central District of California, as required to make them valid and effectual court minutes, orders and judgment pursuant to the Court’s General Order 08-02. vii

D.

National and International Awareness

19.

As part of the first ever review by the United Nations (UPR) of Human Rights in the United States, report was filed by Human Rights Alert (NGO) viii alleging widespread corruption of the justice system in Los Angeles County, California. The report further alleged refusal of the US government to abide by its duties and responsibilities pursuant to ratified international law – in refusing to accord equal protection to the 10 million residents of Los Angeles County. Large-scale false imprisonments were alleged in the report as the highlight of the corruption.

20.

As part of the process, US, UK, and Germany based blogs were created, ix where almost 17,000 readers from some 85 nations were recorded so far. The Scribd site of Human Rights Alert has recorded close to 70,000 reads, with over 500 reads a day in recent months. x Additional news sites recorded thousands of additional readers. xi Canada, Australia, and France based blogs are planned for the near future.

and France based blogs are planned for the near future. E. Remedies Requested 21. Request is

E.

Remedies Requested

21.

Request is herein filed with the office of US Attorney, Central District of California, by Joseph Zernik, PhD, and Human Rights Alert (NGO) for the following remedies:

a) Equal protection for Richard Fine and all 10 millions who reside in Los Angeles County under US and ratified international law.

b) Restoration of the Liberty of Richard Fine.

c) Investigation and prosecution, if necessary, of allegations of public corruption and civil rights deprivation under the color of law against those accused in instant complaint.

Respectfully, Dated: Independence Day, July 4, 2010

Joseph Zernik, PhD

Dated: Independence Day, July 4, 2010 Joseph Zernik, PhD By: JOSEPH H ZERNIK PO Box 526,

By:

JOSEPH H ZERNIK PO Box 526, La Verne, CA 91750 Phone: 323.515.4583 Fax: 323.488.9697 Email <jz12345@earthlink.net>

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CC:

1)

<EChemerinsky@law.uci.edu>

2)

<dmcmorris@advanceproj.org>

3)

<UPRsubmissions@ohchr.org>

Prof Erwin Chemerinsky – Dean, Irvine Law School

Attorney Connie Rice – Los Angeles Advancement Project

UPR Office of the United Nations:

4)

UPR Office of the US State Department:

upr_info@state.gov

5)

United States Congress – Judiciary Committee

LINKS:

i June 12, 2010 - Los Angeles Times publication regarding new unit for prosecution of public corruption and violations of civil rights.

http://inproperinla.com/10-06-12-us-attorney-los-angeles-created-public-corruption-civil-rights-unit-

la%20times.pdf

ii Correspondence between Joseph Zernik, PhD, and the California Judicial Council

10-03-16-Richard-Fine-Request-for-Error-Correction-by-Carrizosa-Administrative-Office-of-the-Courts-s

http://www.scribd.com/doc/28496726/

10-03-19-Richard-Fine-Correspondence-Mr-Carrizosa-Dr-Zernik-re-Case-Caption-in-the-Habeas-Corpus

http://www.scribd.com/doc/28640546/

10-03-19b-Richard-Fine-Dr-Zernik-Mr-Carrizosa-Corresponde-in-re-Case-Caption

http://www.scribd.com/doc/28645522/

iii March 4, 2010 Judgment of Contempt and March 4, 2010 Remand Order

http://inproperinla.com/00-00-00-la-sup-ct-marina-v-county-09-03-04-false-fine-judment-record-copy-

from-us-dist-ct-habeas-corpus-doc-16-response-by-la-sup-ct-filed-may-1-2009.pdf

iv Records produced by Sheriff of Los Angeles County, in response to requests filed by Joseph Zernik and Human Rights Alert pursuant to the California Public Records Act and inquiry by the Honorable Michael

Antonovich, Supervisor of Los Angeles County

http://inproperinla.com/10-01-08-antonovich-ltr-repeat-mailing-w-attch-env-s.pdf

v Requests for investigations and corrective actions by those involved in the corruption and deprivation of rights alleged in instant complaint

10-03-13-Richard-Fine-Letter-to-Mr-Carrizosa-California-Administrative-Office-of-the-Courts-re-Alleged-

Fraud-in-Appearances-of-Attorney-Kevin-McCormick-s

http://www.scribd.com/doc/28323488/

10-03-23-Richard-Fine-Request-Chief-Justice-Ronald-George-Investigation-Corrective-Actions-in-Conduct-

of-Attorney-Kevin-McCormick-on-Behalf-of-the-California-Judicial-Council-s

http://www.scribd.com/doc/28821400/

10-03-23-Requesting-Response-by-the-Judicial-Council-Chaired-by-California-Chief-Justice-Ronald-

George-on-Its-Own-Alleged-Fraud-s

http://www.scribd.com/doc/28829352/

vi Petition filed with Sheriff Lee Baca in the case of Richard Fine – held for over 15 months in solitary confinement, under false and deliberately misleading records for his arrest and booking:

http://www.thepetitionsite.com/1/free-fine

vii General Order 08-02 of the US District Court, Central District of California

http://www.scribd.com/doc/27632471/

viii Human Rights Alert (NGO) report to the UN for the 2010 UPR:

a) Press Release:

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http://www.scribd.com/doc/30200004/

b) Submission:

http://www.scribd.com/doc/30147583/

c) Appendix:

http://www.scribd.com/doc/30163613/

ix Blog associated with Human Rights Alert (NGO) http://human-rights-alert.blogspot.com/ http://josephzernik.blog.co.uk/ http://menchenrechte-los-angeles.blogspot.com/

x Scribd site of Human Rights Alert (Ngo) http://www.scribd.com/Human_Rights_Alert

xi News sites where Human Rights Alert posts routine releases:

http://www.liveleak.com/user/jz12345

http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner

http://pressroom.prlog.org/Human_Rights_Alert/