"An improper denial of a request to proceed pro se at trial is "not amenable to harmless error analysis.
The right is either respected or denied; its deprivation cannot be harmless."
McKaskle v. Wiggins, 465 U.S. 168, 177 n.8 (1984)
Nicolaysen: “May I inquire of Your Honor whether or not the court is planning to make any " in regard to the "factual findings " under the statute "reasonable cause standard since there are no findings that have been submitted by the government?
"In the long history of
British criminal jurisprudence, there was only one tribunal that ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber." U.S. v Faretta, 422 US 806 (1975)
“[F]orcing a lawyer upon an
unwilling defendant is contrary to ” Id. at 817. his basic right to defend
himself if he truly wants to do so.
16000 Ventura Blvd, Suite 500, Encino, CA 91436
Phone: (818) 998-2706
Cellular: (818) 970-7247
Fax: (818) 998-8427
SEE ALSO: Gregory Nicolaysen Attorney at Law
27240 Turnberry Lane, Suite 200 Valencia, CA 91355
LOS ANGELES, CALIFORNIA; WEDNESDAY, AUGUST 27, 2003;
THE CLERK: Calling item No. 1, CR 02-350(A), USA
THE COURT: Before anyone begins to make an
appearance of counsel, let me explain how I think we should and
will proceed this morning.
First, I need to recite for the record
the fact that
I think on August 25th, which I guess was two days ago, Judge
Phillips denied the then-last pending -- or so far as I know
last pending motion to recuse me. So I am authorized to carry
out my responsibifities, and I intend to do so.
There are essentially four matters that we need to
address today on the calendar. The first -- and I'm choosing
it first because I think it's practical to do so, and
Killercop requested that it be done this way -- is the
issue of whether he has now returned to, or is at least in the
status of, competence sufficient to proceed to trial. The second question is who will represent him. And
that, obviously, relates to Mr. Nicolaysen's motion to
withdraw. The third, depending on how I rule on that motion,
will be what options remain available to Killercop. And
the fourth will be the trial date.
So I hope that everyone will understand that it is
important to follow this order and to comply with all of the
appropriate procedures. If appearances are made by Mr. Nicolaysen on behalf
of Killercop, I don't want that to trigger any initial
reaction, because he currently is properly constituted as
I will not have Mr. Nicolaysen address any of the
merits except to confirm that he filed a certain position on
the issue of competence.
McKaskle v. Wiggins, improper denial of a request to proceed pro se at
trial is “not amenable to harmless error analysis. The right is
either respected or denied; its deprivation cannot be harmless. 465 U.S. 168, 177 n.8 (1984); see
also United States v. Arlt, 41 F.3d 516, 524 (9th Cir. 1994).
How Greg; the knuckle-dragging, baby-eating, right-wing brethren of Matz, was born
unto the case. And how Greg left the case: (3-MB .pdf)
JUDGE MATZ: "
with I will grant Killercop's motion to recuse you a specific observation that I am making no finding
whatsoever that you engaged in any misconduct or And, indeed, I think failed to
provide effective assistance of counsel. the record clearly reflects just the opposite, and you've done
a salutary job under difficult circumstances."
MR. NICOLAYSEN: "Thank you. Your Honor, if the court
I'll sit in the audience section."
JUDGE MATZ: "Yeah, you can
sit in the audience."
Gregory Nicolaysen :: Lawyer - Valencia, California (CA) :: Attorney Profile
Ventura Blvd, Suite 500, Encino, CA 91436 Phone: (818) 998-2706 Cellular: (818) 970-7247 Fax: (818) 998-8427 Email: GregNicolaysen@aol.com
Admitted to California bar, 1981 Admitted to U.S. District Court, Central District of California, and Ninth Circuit Court of Appeals: 1982
The Associated Press
Friday, March 19, 2010; 2:00 PM
WASHINGTON -- Attorney General
Eric Holder is defending lawyers who represent unpopular clients like terror suspects. Holder says such attorneys are patriots who deserve respect.
Holder was answering critics who questioned the values of lawyers
who once worked on behalf of detainees and are now at the Justice Department. He spoke Friday to a group of private lawyers who provide free legal representation to the poor and others.
The attorney general praised lawyers who defend
unpopular clients, although he did not specifically mention terror suspects.
The broadside against Justice lawyers who defended detainees came from a conservative
GOP group. But the group's attack has been widely criticized in the legal community - even by some fellow Republicans - as undercutting basic principles of fairness in the system.
OUTSIDE IT'S AMERICA
what would be the capacity of law enforcement
and of the courts to SUPRESS this kind of SPEECH?" - Judge A. Howard Matz , PRE-TRIAL HEARING OF KILLERCOP.COM
A QUESTION FOR AMERICA:
Is "pretty good" pretty much like " pretty clear?" Because I'm " pretty sure" it is not. I know, it's complex. But then again, I'm officially nutzzzzzz, until certified (.pdf) un-nutzzzzzz, in a competent court of the law. So I am waiting on the law. It sure is not speedy...but it is baffled.
I'm all a Twitter waiting to see your reaction, to my reaction, to your Treatment and the promised Restoration. You'll just die when you see what I have in store for everyone involved in the story in 2012. At least that's my intent! 'Till then...
you know you have to look, there!! ABOVE!!
"another person" and "the person of another.
Read the plan, promptly!! A man's life, freedom and liberty are at stake!!! And it's probably a prudent thing to do, but don't speak about it!
In fact, don't even think about it, especially the cowards and the easily frightened children!
A SOFTER NAZI HAND!!
For "Your Defense," Gregory Nicolaysen of afda.org and ( NACDL) National Asshole of Criminal Defense Lawyers, Is In The Business Of "Predicting" Your Prison. I am in the business of predicting his capture. And death.
www.afda.org knows that you are the one in a hundred not hip to this shell game. SEE ALSO: HIS
THE FIRST ONE EXISTS, BUT ONLY IN HIS MIND. AND I QUESTION THE SECOND ONE AT THIS POINT. IT'S NOT LOOKING LIKE THERE IS ANYONE IN ALIVE IN THERE EITHER.
HERE ARE SOME OF HIS FANCY TITLES, BELOW, , IF THEY ARE EVEN REAL. NOT WORTH THE PAPER THEY ARE PRINTED ON
J.D. 1980, magna cum laude, Benjamin Cardozo School of Law (Yeshiva University), New York City; B.A. 1977, Dartmouth College (with distinction in
Government major); M.A. 1989, Psychology, California Graduate Institute
Gregory Nicolaysen bought a five-bedroom, six-bath home at 16002 Live Oak Springs Canyon Road in Santa Clarita from Wells Fargo Bank for $730,000 on March 17 witht the money he made from releasing Gary Winnick, of Global Crossing, from my subpoena.
Merge onto I-5 N
Take exit 162 for State Route 14 N/Antelope Valley Freeway toward Palmdale/Lancaster
Merge onto CA-14 N/State Route 14 N
Take exit 9 for Sand Canyon Rd
Turn right onto Sand Canyon Rd
Turn left onto Live Oak Springs Canyon Rd
Destination will be on the right. 16002 Live Oak Springs Canyon Road Santa Clarita
He earned his bachelor's degree from Dartmouth College, his J.D., magna cum laude, from Yeshiva University Benjamin Cardozo-School of Law-New York and his
master's degree in psychology from California Graduate University.
Mr. Nicolaysen, along with Rebecca Nicolaysen, and their children, also own a three-bedroom, three-bath home at 9526 Jellico Ave. in Northridge. They paid $276,500 for the property in April 1997.
According to BlockShopper.com, there have been 2,150 home sales in Santa Clarita during the past 12 months, with a median sale price of $325,000.
WHEN HE IS NOT BUSY FORCING HIMSELF ON CASES WHERE HE IS CONS NOT REQUIRED OR WANTED, GREG AND OTHERS TO SEND HIM MONEY AND JOIN HIS UNSECURED WEBSITE. AND STUPID ATTORNEYS THEN... WELL, YOU CAN READ FOR YOURSELF WHAT HAPPENS AFTER THAT...LET'S JUST SAY HE IS NOT TOO BRIGHT AROUND COMPUTERS. ASK THESE ATTORNEYS @ DRANOFF AND PATRIZIO WHAT THEY THINK ABOUT THIS FILE GREG LEFT "UNSECURED" ON HIS WEBSITE FOR ALL THE WORLD TO FIND. LIKE HIS FACE BOOK.
Gregory Nicolaysen recently bought a five-bedroom, six-bath, 3,823-square-foot home at 16002 Live Oak Springs Canyon Road in Santa Clarita from Wells Fargo Bank for $730,000 on March 17. He must be a viewer who " had to look at his house and listen to sound wave files." So, that's why Judge A. Howard Matz forced him on me!! Gary Winnick must have paid them both off. I mean, probably.
He earned his bachelor's degree from Dartmouth College, his J.D., magna cum laude, from Yeshiva University Benjamin Cardozo-School of Law-New York and his master's degree in psychology from California Graduate University. And he has to look at himself and his houses and listen to sound wave files.
"HAS TO" LOOK AT HIMSELF AND HIS HOUSES! I, ON THE OTHER HAND, HAD TO LOOK AND LISTEN TO THIS. AFTER THE FACT, OF COURSE.
Greg is an attorney who goes by the lofty title of "Esquire." Much like his predecessor, William Harris, Esq. Unlike William Harris, an admitted computer dummy in judge Matz' and Elena Duarte's complex computer case, Greg on the other hand holds himself out as "an attorney" with " " extensive experience with computer law, computer usage and computer technology.
And judge Matz
pretends to play along with the game Matz is controlling.
“Okay. Mr. Nicolaysen, you were contacted, especially because of what I have been informed is your unusually I think, by the court clerk because of your membership on the CJA panel, and extensive experience with computer law, computer usage and computer technology.”
~Judge Alvin Howard
Matz. Transcript of 01.17.2003, Case CR 02-350 AHM
However a recent snapshot revealed not a mention of the word computer. And he sure didn't know the law, cause he wasn't following it, as his Master Matz commanded. Thank God he was a " disgruntled employee." Most slaves of words are...
Wanna see what is in his office? I can tell ya this much, it's not filled with " " computer law, computer usage and computer technology.
It is however filled with other attorneys "personal and private information" like their credit card numbers, inter alia, which Greggy left unsecured for thieves to steal after he charged these other attorneys a fee to enter.
This guy is so
STUPID he even leaves lots and lots personal pictures of his family there, too. Below is one of a set of dozens stored in an .exe file, titled simply, family.exe.
UPDATE: Gregg is changing the site in 2009, to make it more secure after I exposed his holes from as far back as 2000.
This guy is a decade behind the times on Internet Technology. And Light years behind on the law.
I'll "transmit" the family.exe file, containing the image(s) above, here. Check back soon. I believe that right was reserved a long time ago. As well as my right to subject him to a battery of tests!!
A Tale of an
Even though Greg was "asked" by Matzo to be appointed in this case, to re-present Killercop at his trial, Killercop did not want him to re-present him, but that didn't slow Greg, or the judge, one bit. He just "forced" himself on Killercop, and then proceeded to immediately call Killercop "incompetent." With a lot of help from Matz and the U.S. attorney's assistant, Elena "The Liar" Duarte.
Judge A. Howard Matz: "Okay. Mr. Nicolaysen, you were contacted, I think, by the court clerk because of your membership on the CJA panel, and especially because of what I have been informed is your unusually extensive experience with computer law, computer usage and computer technology."
Killercop : "I want to object to these proceedings. I have not authorized this man to speak for me. If anybody in the courtroom thinks they have authority to speak for me
I want to see their authority right now."
Judge A. Howard Matz: "
Mr. Nicolaysen is your lawyer and he's proceeding under the authority of the court."
Accused: "No, he's not my lawyer. He's your lawyer. He's not my lawyer. He's your lawyer. Acknowledge that, sir. You do not speak for me."
Judge A. Howard Matz: "
He has no duty to acknowledge that and you have no authority to interfere with that."
Killercop :"I have not given you authority to speak for me. Your silence acknowledges that. I object to this whole proceeding.
It's a farce."
Judge A. Howard Matz: "Your objection is noted."
It's a kangaroo court."
Judge A. Howard Matz:"Your objection is noted and denied.
Please continue, Mr. Nicolaysen."
Killercop :"I move at this point, to remove this man as my counsel, as he no longer speaks for me."
Judge A. Howard Matz: "Sit down and I'll deal with that motion later. "Okay. Mr. Nicolaysen, do you?""
Killercop :"Objection. He does not speak for the Accused." Judge A. Howard Matz: "Your motion --"
Killercop :"He does not speak for the accused."
Judge A. Howard Matz: "Be quiet!"
Killercop : “
I challenge the jurisdiction of this court. This examination is unlawful; and you're holding me unlawfully. You have no honor. You have lost all sense of honor in this courtroom. Kangaroo Court!"
OF NOTE: Killercop was thereafter "removed from the courtroom" and kept blindfolded and gagged in another room.
STAR CHAMBER OCCURS IN AMERICA
Greg then lead a "
secret hearing," held by the judge, to cover up their own "incompetence. " And Elena went along for the ride to "take the blame."
Judge A. Howard Matz: "The defendant's
personal presence is not necessary, given that he's currently represented by Mr. Nicolaysen."
Remember folks, the word "however," negates everything said before it!
Nicolaysen: "Thank you so much. Your honor, government counsel tracks my thinking as well. I want to assure the court. We agonized over this. We spent well over an hour on the phone Friday. Spoke again on Saturday anticipating that your honor may very well want some feedback on this very point, so
we're not trying to put words into the court's mouth by asking you to make a finding that you didn't make; however --"
So Killercop visited
Dr. Who for several months for a battery of tests and "treatments," to "restore" him.
Dr. Who performed a miracle on Killercop and "treated" him back to competence!! Woot!! But he never certified his report by the law. That's bad. That's real bad.
all 3 of these Ivy League School Graduates of the Law allowed the missing Dr's "Competency Report" to be entered as an exhibit of the miraculous recovery into evidence without the " Certificate of Competency" being filed, without so much of an an objection to the so-called rules of law (See below).
Certification not exempt from reliability requirement under rules of evidence.” See , 104 F.Supp.2d 663 (W.D. La. 2000)(citing 383 U.S. 375.)(citing 509 US 579, 592-594) U.S. v. Duhon
So much for the law and the "4 Prong Test"the law requires to ensure reliability of ) expert testimony
And Greg, his side-kick, Elena, and the corrupted judge "released" the defense's ONLY witness under a subpoena,
Gary Winnick, AKA Joe Schmoe.
But in hindsight they did let killercop keep
Gary's CD-ROM. But we don't talk about stuff like that around here. Unless it is done in secret!
David Fights Goliath, But Falls On His Sword!
Why? Because Greg hates
We bet those attorneys above don't think Greg is such a computer "expert" after they find out he left lots and lots personal pictures and their personal information on his server open to the public,
much like this guy Alex Kozinski Who by the way decided the very appeal that decided that what this guy Greg did above was ok, and that it was "wrong" to fire Greg.
It seems Greg, and the Judge, and even the prosecutor were more then business associated, they were also close friends. It was a trifecta prosecution. Three against one. Pretty bad odds. That's just this man's
Can you guess why
Yang and her gang and Greggy were treated like royalty by judge Matz? Here is a big hint for all you detectives, from the Board Of Governors. (U PDATE: 02.06.2009 That page has now been removed [hidden] by the parties involved so you can't see the connections between Howard, Debbie and Alex.)
Gregg was the prosecutors dream team. He lists his
as Professional Associations :
American Bar Association (
Criminal Justice Section, White Collar Crime Committee; ) Legislative Affairs Section
Since there was no law on the books in the Ninth Circuit regarding jurisdiction of the Internet. And therefore the current written law would not fly to grab a power so strong and mighty as to even "shut down and
silence the Internet speech of every American Citizen, Gregg and his friends steer this case to create the color of the law. And break it.
Listen to the Wizard and the Liar Elena thirst for this power!!
It was all about the
jurisdiction of that power. So they all ignored the law.
judge covered up the missing certificate required by the law. He is good at making things appear one way when in fact they are another.
Ukfay Oyaaa! X2
Contempt Of Cop
Washingtonpost.com - ' Contempt of Cop' Continued from Page 5 New D.C. police recruits were keenly aware of what they saw as deficiencies...
Blacks are arrested on 'contempt of cop' charge at higher rate - Blacks are booked by Seattle police for obstructing a public officer eight times as often as whites when population is taken into account, a Seattle P-I investigation of six years...
Henry Louis Gates' Contempt Of Cop Emptywheel - At tonight's nationally televised press conference, a reporter asked President Obama a question about the July 16 arrest of famed Harvard professor Henry Louis Gates. Obama set off...
Contempt of Cop' by William Norman Grigg - The police are to the government as the edge is to the knife, insists sociologist David Bayley, who apparently couldn't explain why the typical...
Expert Officer displayed 'contempt of cop' reaction Internal Affairs Contempt Of Cop II
CAMERA IS THE NEW SPEAK FOR GUN IN THE WILD, WILD WEST! - It's more about ' contempt of cop' than the violation of the wiretapping law.
Welcome to America Now step inside the jail cell - The audio exchange in this video was apparently recorded at the U.S. Canada border after a Canadian displayed contempt-of-cop towards the American law enforcement officer asking questions.
Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.
How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.
My radio interview with Katherine Albrecht - Carlos Miller Photography is Not a Crime is interviewed by Katherine Albrecht, activist, radio host and privacy advocate, Tuesday afternoon where they discussed his blog, his arrests, the situation in the United Kingdom and the spread of contempt of cop cases that are popping up on the internet on a regular basis.
EVEN THE BRITISH ARE LAUGHING AT YA!!