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The prosecutor knew that Judge Matz didn't make any specific legal or lawful finding...of incompetence, as well as the "defense" attorney forced on Killercop by Hizzzzonor, yet they all ignored the law and committed Killercop for "Treatment," of "Incompetence."
"I am, as I've said, merely competent. But in an age of incompetence, that makes me extraordinary." ~Billy Joel
Secret laws and secret hearings, and secret doctors, no less. Oh yeah, and torture.
The secrecy of Killercop's "status conference" ... violated the due process clause .... Pp. 333 U. S. 266-273, 333 U. S. 278. (a) The reasons advanced to support the secrecy ... investigative proceedings do not justify secrecy in the trial of a defendant accused of an offense for which he may be fined or sent to jail. Pp. 333 U. S. 264-266. (b) An accused is entitled to a public trial, at least to the extent of having his friends, relatives and counsel present -- no matter with what offense he may be charged. Pp. 333 U. S. 271-272. 2. The failure to afford petitioner a reasonable opportunity to defend himself against the charge ...was a denial of due process of law. Pp. 333 U. S. 273-278. (a) As a minimum, due process requires that an accused be given reasonable notice of the charge against him, the right to examine the witnesses against him, the right to testify in his own behalf, and the right to be represented by counsel. P. 333 U. S. 273.
Tthe Federal Bureau of Prisons ("BOP") sent a letter to Judge Matz informing him that an internal investigation of Dr. Patenaude revealed "sufficient evidence to question the credibility and accuracy of a psychological evaluation" Dr. Patenaude had prepared in another case.
The letter continued:
This internal investigation could call into question the credibility of other psychological evaluations conducted by this psychologist. Accordingly, we bring this information to your attention for any action the court may deem appropriate.
The record indicates the neither the district court, nor "foisted" counsel, ever took action in response to this letter.
THAT'S A COVER UP WITH FULL KNOWLEDGE. JUST LIKE THE SUBSTANTIAL ILLEGAL SENTENCES HE HANDED DOWN.
The traditional Anglo-American distrust for secret trials has been variously ascribed to the notorious use of this practice by the Spanish Inquisition, [Footnote 21] to the excesses of the English Court of Star Chamber, [Footnote 22] and to the French monarchy's abuse of the lettre de cachet. [Footnote 23] All of these institutions obviously symbolized a menace to liberty. In the hands of despotic groups, each of them had become an instrument for the suppression of political and religious heresies in ruthless disregard of the right of an accused to a fair trial. Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, [Footnote 24] the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. The knowledge that every criminal trial is subject to contemporaneous review in the forum of public opinion is an effective restraint on possible abuse of judicial power. [Footnote 25] One need not wholly agree with a statement made on the subject by Jeremy Bentham over 120 years ago to appreciate the fear of secret trials felt by him, his predecessors and contemporaries. Bentham said: ". . . suppose the proceedings to be completely secret, and the court, on the occasion, to consist of no more than a single judge -- that judge will be at once indolent and arbitrary; how corrupt soever his inclination may be, it will find no check, at any rate no tolerably efficient check, to oppose it. Without publicity, all other checks are insufficient: in comparison of publicity, all other checks are of small account. Recordation, appeal, whatever other institutions might present themselves in the character of checks, would be found to operate rather as cloaks than checks; as cloaks in reality, as checks only in appearance. [Footnote 26]" In giving content to the constitutional and statutory commands that an accused be given a public trial, the state and federal courts have differed over what groups of spectators, if any, could properly be excluded from a criminal trial. [Footnote 27] But, unless in Michigan and in one-man grand jury contempt cases, no court in this country has ever before held, so far as we can find, that an accused can be tried, convicted, and sent to jail when everybody else is denied entrance to the court except the judge and his attaches. [Footnote 28] And, without exception, all courts have held An accused is, at the very least, entitled to have his friends, relatives and counsel present, no matter with what offense he may be charged.
A. Howard Matz (born 1943) is an American lawyer and judge. He has sat on the United States District Court for the Central District of California since 1998. Birth Place :Brooklyn, New York Date Of Birth, 1943 A. Howard Matz Photo Collection Matz, A Howard reference * Short Description * The "Bonzi Tree Hanging Judge. "A judge is not the district court." A judge is a judicial officer, paid by the State to act impartially and lawfully.
A judge is also an officer of the court, as well as are all attorneys. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court".
Speaking of lawyers, anyone wanna recommend a good one?. Contact me, if you can.
The Case of George H. King AKA King George A Manual on
Jury Trial
Procedures Members:
Judge A. Howard Matz
"Only one tribunal 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 U.S. 806 (1975) OUTSIDE IT'S AMERICA. When speech is compelled, additional damage is done. Individuals are coerced into betraying their convictions. Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning. -Thomas Jefferson
REPORT A GANG MEMBER.
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An Extraordinary Illegal And Unlawful Secret Law And A Secret Hearing In America, By Judge A. Howard Matz And Debra Wong Yang. Add Secret Opinions, Too! How Nutzz Is He? Nutz enough to change the words of the law. And nutz enough to ignore it. Transcript of 04.07.2003 Docket 158
A joint proposed amended order? “Gregory Nicolaysen appearing for Killercop, who is not present, Your Honor.” Lines 11-17, Ibid.
Judge A. Howard Matz: “Okay. I arranged this status conference because I had some questions about the joint proposed amended order that was lodged last week under Rule 43.
The defendant’s presence is not necessary. given that he’s currently represented by Mr. Nicolaysen.
This is primarily an issue, at the very least, a mixed issue of fact and law, probably a legal issue.”
NOTE: It was fact, only. Matz probably could have got it right if he followed the law. But that never happened. His role was to "mix" the facts, and law, up. His kangaroo court was the best that Gary's money could buy. Along with the political support of all the playas involved, it was a lynching. A very selective one at that. Debra Yang, from our FAQ was in the background, too. My "defense" from the entire U.S. was the Public Pretenders, who quit citing an 'unspoken' conflict and Hizzzzzoner's handling of this "complex" computer case.
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 [of fact] that you didn't make; however --"
I was to hear that word, "however," again, at my appeal, by the same woman in this room in this story, Elena Duarte, the assistant prosecutor, while she was lying to the Chief justice. I digress...allow me to continue.
NOTE: They "agonized over this," alright, because they all knew they were breaking the law and violating fundamental rights to be present at this hybrid "status conference," competency hearing, allowed under no law.
Court:" [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 [in fact] [and under the law]. ~LOS ANGELES, CALIFORNIA, FRIDAY, APRIL 7, 2003, Page 4, Lines 4-7
SO NOW HE IS HOLDING ANOTHER HYBRED "STATUS CONFERENCE", STYLED COMPETENCY HEARING, UNDER NO AUTHORITY WITHOUT KILLERCOP BEING ALLOWED TO CONFRONT THEM.
READ THE WORD "SHALL" AGAIN:
18 USC 4247(d) Hearing. - At a hearing ordered pursuant to this chapter the person whose mental condition is the subject of the hearing ... shall be afforded an opportunity to testify, to
18 USC 4141(d) Determination and Disposition.— If, after the hearing, the court finds by a preponderance of the evidence that the defendant 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, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility—
Prosecutor: “[a]nd even though we were aware that the court didn't make the specific finding [in fact] [and under the law] at the hearing,…that killercop was incompetent.”
DEAR GOD, READ THAT AGAIN, FOLKS.
"The court didn't make any specific finding...of incompetence, in neither Fact Or Law." They all ignored the law, and then committed me for 4 months of Mental "Treatment."
Prosecutor: “Having reviewed that, we are actually of the opinion - - and I’ll take as much responsibility as I need to for this - - that the order that was submitted and signed on March 20th, is a little bit of a hybrid; and it needed to be clarified.” Page 6, Line 17
NOTE: HYBRID IS ALSO CODE FOR ILLEGAL AND UNLAWFUL. AND THAT'S A FACT!!
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.”
Allow me to update ya'll on my "then condition." A) He couldn't have "enflamed" me, since he "removed" me, from the illegal competency hearing, before sending me off for "treatment," later to hold the secret hearing to try to get it right.
So Matz and his gang had this secret hearing, to try and cover up this "hybrid," which means unlawful order, that they had concocted out of the air, which I knew nothing about, after "being removed," after I objected to the proceedings as being of the kangaroo kind.
They got away with it by not notifying me or the warden, until months later. How ya'll like that due process entitlement. Sure ain't a right anymore, unless you can see more then I do.
Wonder what happened to it?
I digress. So even though a "preponderance of the evidence" could not be judged, because of the previous illegal treatment I was subjected to, under no authority, they still moved forward and they shipped me off, claiming the authority of :18 U.S.C. § 4241(d), for treatments, not evaluations.
Not that the Chief Perv of the Ninth Circuit gave a hoot.
While there 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, and inform him of the secret hearing, once Greggy 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!"
The Warden sent me back to California forthwith after knowledge of the secret unlawful hearing, the next day, after I showed him the transcript of the secret hearing.
Patenaude 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, or the Warden, prosecutor and the attorney she conspired with, Greg. They certainly were not about to compound it by filing a false certification that I wasn't now "competent." when they both 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? And they all knew it. Just like they all knew the facts of the law, and choose to break the rule and letter of it.
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 "bank up job." And that's a fact. Ask any expert.
Judge Matz' good buddy Chief Judge Alex Kozinski could have stopped the madness, instead he ignored the law, too. Not once, but twice. As Chief of the Ninth, his job is to sweep under the rug all the issues and conflicts.
TWITTER (CENSORED 03.26.2023)
They all ignored their oaths, the facts, the rules, the laws, the 5th and 6th amendment and proceeded forward with a selective persecution in a secret hearing. "Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." -Elie Wiesel With the above in mind, could you please help and make a small donation. TO DONATE JUST SCAN THE VENMO OR ZELLE QR CODE BELOW.
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