Conspiracy To Defraud U.S. Government. A.K.A.
“And third, Your Honor did, in fact, speak in terms of 'Restorational' Treatment …."
"May I inquire of Your Honor whether or not the court is planning to make any "Factual findings" in regard to the Reasonable cause standard" under the statute since there are no findings that have been submitted by the government?"
Watch for the ol' "inherent legal defect" in the ILLEGAL AND UNLAWFUL order.
Okay, the word "Hybrid," from this point on in the rest of this true story, below, is now changed to reflect it's meaning and nature of the word Hybrid: "Illegal and Unlawful"
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." --Benjamin Franklin
THE FOLLOWING TOOK PLACE ON APRIL 7th, BETWEEN THE HOURS OF 11:30 AND 12:30 A.M., IN A U.S. DISTRICT FEDERAL COURT-HOUSE. AMERICA.
DUARTE: "AND IT WAS A PETITION FOR REHEARING. THE
COURT'S ALREADY BEEN AFFIRMED ON THE ORDER; AND I SKIMMED IT.
AND THE GROUNDS FOR THE PETITION FOR REHEARING WERE THE LACK OF
THIS FINDING [OF A FACT] THAT WE'RE DISCUSSING.
"IT'S PURELY A COINCEDENCE;" AND IT CAME UP AFTER HE AND I
NOTICED IT, DISCUSSED IT, AND CAME UP WITH --"
HOWARD MATZ: "HE MEANING, MR. NICOLAYSEN?"
MS. DUARTE: "MR. NICOLAYSEN AND I NOTICED IT AND DISCUSSED
IT. BUT THE 9TH CIRCUIT HAS NOT ORDERED ANY ACTIONS. FRANKLY, I DON'T EXPECT THEM TO."
THE COURT: YES. I SAW THAT. WELL, I WANT IT TO BE SENT
BOTH TO THE WARDEN WITH SPECIFIC -- "IT" BEING THE TRANSCRIPT
WITH SPECIFIC DIRECTTIONS THAT IT BE MADE AVAILABLE TO THOSE
RESPONSIBLE, NOT ONLY FOR KILLERCOP'S TREATMENT -- DIAGNOSIS
AND TREATMENT, BUT ALSO TO THOSE RESPONSIBLE FOR HIS CUSTODY; SO
THAT IF HE, FOR SOME REASON, RESPONDS TO THIS, THEY'LL, AT LEAST,
BE AWARE OF WHAT MAY HAVE BEEN IN HIS MIND.
I KNOW THE LAW SAYS "PRESENTLY" BUT HEY, MY BUDDY IS ALEX KOZINSKI, AND HE TOLD ME TO NOT WORRY ABOUT BEING SUED. HE IS A GOD. HE'LL COVER OUR ASSES!
"BUT JUST IN CASE, I ALSO WANT IT TO BE SENT BY MR. NICOLAYSEN DIRECTLY TO
MR. NICOLAYSEN: "I WILL DO SO, YOUR HONOR, AS I DID THE
MARCH 14TH TRANSCRIPT."
THE COURT: "AND PROMPTLY SO, AT DEVINS, PLEASE."
NICOLAYSEN:"I WILL DO THAT."
YET, HE DIDN'T.
Federal prosecutors apply conspiracy to a variety of situations, making it one of the most commonly charged Federal crimes. Section II of this article outlines the basic elements of a conspiracy offense under section 371, namely, agreement; illegal goal; knowledge, intent, and participation; and overt act.
DUARTE: “That’s where we all ended up with this ILLEGAL AND UNLAWFUL kind of order,...”
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Gregory Nicolaysen “Yeah. It is a scenario that does involve a ILLEGAL AND UNLAWFUL, to borrow the government’s word, and we used the word ILLEGAL AND UNLAWFUL when we spoke on Friday, and again on Saturday; and we found that that would be the inherent legal defect in the ILLEGAL AND UNLAWFUL order …
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Gregory Nicolaysen:: “And third, Your Honor did, in fact, speak in terms of restorational treatment …before I drafted this ILLEGAL AND UNLAWFUL order for you to sign. <Chuckles softly>
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Matz: “Ok. Well, here are my findings. I think that, particularly, in light of what happened at the hearing, aside from the fact that I kicked killercop out of it <Chuckles softly>, and the language in Dr. Backer’s supplemental report, there is a sufficient basis to find that Killercop is already afflicted with a disease or a defect that makes him incompetent for purposes of standing trial.
The reason I didn't want to make that finding and declined to make that finding was primarily because I didn't want to inflame him; not because I had any doubts about applying the applicable standards to what I perceived to be his 'then' condition.”
"If there is reasonable cause to believe that the defendant may "presently" be suffering from a mental disease or defect rendering him mentally incompetent" ~18 U.S.C. § 4241(a)."
So much for the word "presently." Another useless word.
Allow me to clarify and update y'all on my, "Then Condition."
As in then I had rights, then they were removed, violated and then gone! Read the law.
Judge Matz couldn't have "enflamed" me, since he "removed" me;" as did his handpicked attorney he forced on me, from the previous illegal competency hearing, before sending me off for "treatment," later to hold the secret "status conference" to try to get it right.
With no contact. Or assistance of counsel.
Deaf, dumb and blind.
So Matz, and his gang, had this secret "status conference," to try and cover up this "hybrid," thing that they had concocted, out of the air, which I knew nothing about after "being removed," for objecting to the proceedings as of the kangaroo kind.
They got away with it by not notifying me, or the warden, until months later. I know, 'cause our reports arrived the same time, months later.
How y'all like that due process entitlement?
Sure ain't a right anymore, unless you can see more then I do.
Wonder what happened to it?
THEY ALL IGNORED THE FACTS AND LAW AND PROCEEDED FORWARD WITH THE PRESECUTION...
While at the mental treatment hospital, clear across the country near Boston, to get my "daily dose of ordered mental treatment," I met a man named Dr. Thomas P. Patenaude, once. It was to be our only meeting of the minds.
Later I would meet the Warden, once, too, and inform him of the secret hearing; that is once Greg finally sent me a copy of the secret hearing, but only months later, and only after pressuring me to "take a deal, or they can hold you there forever!." To which I replied, "Byte Me!" Actually, I believe I yelled it at him .
After I told the Warden what had happened those past months since the unlawful hearing, coupled with me in his office yelling, and going on about how his Doctor had not spoken to me but once, off I went, back to California!
So the Warden sent me back to California, forthwith, after knowledge of the secret unlawful hearing, like as in the next day, after I showed him the transcript of the secret hearing.
18 USC 4241(e) Discharge.— When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the defendant’s counsel and to the attorney for the Government. The court shall [then] hold a hearing, conducted pursuant to the provisions of section 4247 (d), to determine the competency of the defendant.
At he next "hearing," Dr. Who claimed he then cured me!! It was like, magic. A regular miracle.
Hence, no certificate required by the law coming from the court of judge A. Howard Matz, Warden, prosecutor and the attorney she conspired with, and Matz forced on me, Greg.
Why? They certainly were not about to compound it by filing a false certification that I was or wasn't now still "competent," when they all knew that to be false. (See Dr. Who, below) Oh the irony.
Oh the shame.
I should say sham.
If they followed the law and produced the certificate, under the law, they would be lying.
There could never be a certified paper of my miraculous recovery from my "treatment," especially from a Dr. Who!
Just like they all knew the facts of the law, and they chose to break the rule and letter.
But wait, there is more... See once you become a criminal, you have to continue being one...they won't let you out.
The trial must go on!! Law and rules be damned!!
A real "bang up job." And that's a fact. Ask any expert. Or even a God.
“It’s legal” is what people say when they don’t have ethics. the law is there to set the limit of what is punishable (aka where the state needs to intervene) but we are supposed to have ethics, and that should be the primary guiding force in our actions, you fucking fuckheads.