FACTS OF FACIALLY UNLAWFUL ACTS AND CONDUCT OF FEDERAL DISTRICT COURT JUDGE HOWARD MATZ FOUND HERE. MORE, UNDER COLOR OF THE LAW, FOUND HERE.
"A mighty oak tree was once a nut that stood its ground"
From the time he entered the federal prison system, first in Devens, Mass., he was subjected to "conditions of psychological and physical torture," including months of confinement for "non-disciplinary reasons."
A. Competency Standard
The standard for determining competency is well established through United States
Supreme Court case law. Federal courts have acknowledged that the Due Process Clause of
“[t]he Constitution forbids the trial of a defendant who lacks mental competency.” United States
v. DeShazer, 554 F.3d 1281, 1285 (10th Cir. 2009).
"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
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 2010.
In fact, don't even think about it, especially the cowards and babies! But always remember, children, evil only triumphs when good men or women do nothing.
Nicolaysen: “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 staturesince there are no findings that have been submitted by the government?”
The Ninth Circuit has called insuring a Certificate of Competency is filed a “Vital Responsibility” of the judge’s duties. This violated U.S. v. Phelps, 283 F.3d 1176 (9th Cir. 2002)
Judge Matz also never make the "required" finding that there is a “substantial probability of future competency,” required under Jackson v. Indiana, 406 US 715, 738 (1972).
Judge Matz: "[a]nd under the applicable provisions of the federal statute involved, 18 U.S.C. 4241(D), I was directing that he be examined in an FMC for the purposes of evaluating that determination. I did not make a finding." Page 4,
Lines 24-25, Id.
Nor does the Director of the facility ever send the Certificate, required by the law, when he sends me back to California, after finally learning about the secret hearing from me, directly in his office. More on that later.
March of 2003 rolls around. Killercop arrives back for another hearing and informs everyone of the facts above at the next hearing. The judge, of course, covers this fact up and ignores the reality that Dr.Who didn't treat the accused, or even examine him, but in fact had made up the report, just like he had made up these other reports. "Doctored Reports:" 123
Even the Warden from the Nut House chimes in on the issue, supporting my statements above.
1. Standard. In order to find a defendant competent, a court must find by
a preponderance of the evidence that he or she has sufficient present ability to consult
with his lawyer with a reasonable degree of rational understanding and that he has a
rational as well as factual understanding of the proceedings against him. Dusky v. U.S.,
362 U.S. 402 (1960).
This standard is stated slightly differently in 18 U.S.C. § 4241(d).
Under the current federal statute, a defendant is incompetent if the court finds by a
preponderance of the evidence that he or she “is presently suffering from a mental
disease or defect rendering him mentally incompetent to the extent that he is unable to
understand the nature and consequences of the proceedings against him or to assist
properly in his defense.” See also, Incompetency to Stand Trial, 81 Harv. L. Rev. 454
(1967); Indiana v. Edwards, ___ U.S. ___ , 128 S.Ct. 2379 (2008).
The Department of Justice Manual 9-9.110 recommends that the
initial competency evaluation be done locally, citing In re Newchurch, 807 F.2d 404 (5th
Cir. 1986).
In Killercop's case he was sent to the opposite side of the United States of America.
Commitments after a judicial finding of incompetency.
A. Upon a judicial determination of reasonable cause to believe the
defendant is incompetent, the court may order a 30 day in-patient examination under 18
U.S.C. §4241(b) and 18 U.S.C. §4247(b). The court cannot begin with a four month
commitment under §4241(d) without this intermediary step. U.S. v. White, 887 F.2d 705,
710 (6th Cir. 1989).
The four month commitment requires a finding of incompetency.
b. Once a court has determined, after a [secret] hearing, that a defendant is
incompetent, 18 U.S.C. §4241(d) provides for a temporary commitment. The section
permits custody and treatment for up to four months.
A court cannot have a hearing, to make a "present" finding, if the accused is "presently" being treated. Only in the land of Oz.
18 U.S.C. § 4241(d), which permits custodial treatment "for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed." 18 U.S.C. § 4241(d)(1),
4241(d) IT IS NOT, I REPEAT, NOT FOR AN EVALUATION. GET IT?
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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.
