I am in the middle of several actions in New Jersey that could
expose corruption at a very high level.
Here is my problem up to the present.
My wife filed for divorce in February 2006. Shortly after, (March
2006) my wife files for, and was granted a Temporary Restraining
Order (TRO) and had me removed from my home (by force, again).
For ten years (I have been married that long) my wife has made
several complaints in the nature of Domestic Violence, with several
TRO's being granted. All the TRO's were defeated by me. In short, my
wife uses the Domestic Violence Statutes as a sword instead of a
shield. The police would always pander to my wife and would never do
a proper investigation of my allegations that my wife was using
police to win an argument or to retaliate against me for ignoring
her when she was "out of control". My wife has a Masters Degree in
Psychology, and counsels families here in New Jersey. The company
she works for is recommended by the Family Courts; usually relating
to Domestic Violence and General Welfare issues, i.e getting the
victim, services. My wife writes opinions for the Family Courts
relating to removal of men from their homes and other related "abuse
issues" and "Non-compliance Issues" to her recommendations.
To protect myself, I started recording our "conversations"
and "arguments", as the police would always ordain my wife,
the "Victim".
In May 2005, I recorded an argument where my wife stated she would
call the police and "Lie". She stated she would say I hit her. The
police were dispatched and all was recorded on tape. The police
removed me from the home, and a female officer was recorded
stating, "She has a Lawyer" for my wife. The other officer was asked
by me to file a report on my behalf relating to the filing of false
police reports. I told the officer it was all recorded and there was
probable cause. The officer's response was simply "shut up", I'm not
interested, as the police knew the history of the prior TRO's.
Another TRO was recently filed in March 2006, and was disposed of in
April 2006. It was defeated by me (in propria persona) by getting
the damning audiotape into evidence and overcoming over a dozen
objections from my wife's attorney. In short, I spanked her attorney
good in open court. I felt embarrassed for him, as he looked like a
fool, relying on his expertise to have the evidence
deemed "inadmissible". The entire event that was on the tape was
played and entered into the record. My wife's attorney tried to
invoke my wife's 5th amendment right not to incriminate herself, as
she holds a license. The judge was very fair with me, and he had
a "Bill of Rights" on his wall. I liked him immediately. He
chastised my wife with case law relating to using the Domestic
Violence Laws as a sword to gain advantage. The judge was outraged
at my wife's behavior. The case was dismissed with prejudice.
Shortly thereafter, I received a notice that there would be another
judge assigned to the Divorce Action. I called the Law Clerk of the
new judge and quoted case law that showed this assignment to be
reckless and irresponsible (Hoffman Supra, a New Jersey Supreme
Court Decision, and also several other New Jersey High Court
decisions) as the case states the lower courts must be "very
careful" when domestic violence false claims are used to gain an
advantage in a divorce proceeding. The clerk did agree with me, but
the judge remained on the case.
I went to a "Case Management Hearing" which set the pace for
discovery and other information to be released. I filed a default on
my wife quoting Yick Wo, Haines v Kerner, Hale v Henkle and other
case law. The affidavit was never responded to and I filed a request
to enter the default into the record in the nature of a Writ of
Praecipe. This new judge dismissed all of my pleadings and ordered
discovery over my objections, and threatened to put me in default if
I did not comply with his orders. I stated, I can be put in default,
but my adversary cannot? I stated I cannot be compelled to release
any of my private papers and quoted Hale v Henkle and also that my
pleading could not be dismissed for not complying with the forms the
judge wanted to see in my pleadings, quoting Haines v Kerner and
other similar high court cases. The new Judge said he did not know
what that case was, that he did not care and none of my papers apply
to a divorce proceeding. I stated that my wife's pleading was
insufficient, as she claims extreme mental cruelty as her reason for
filing for divorce, and the prior Domestic Violence Trial shows this
to be so and that is why he (the judge) should recuse himself from
the case and have the case assigned to the trial judge that heard
the other case. He refused again to recuse himself. The judge has
been a judge for 3 years and was the prosecutor for the county
(Vicinage) where he sits as a judge now. He is without question a
tyrant. The other judge (the one who ruled against my wife in the
domestic violence trial) is a constitutional scholar and was
interested in justice.
It gets even better. The criminal charges I filed on my wife (Filing
False Police Reports) were sent over to the County Prosecutor's
Office (yeh, the same office that this tyrant judge used to run) for
presentment to the Grand Jury, as the charge is a 4th degree felony
and mandated jail time. Two days after I filed the charges, I get a
letter stating, "After a thorough investigation, the charges are
being downgraded to a disorderly persons offense, and is remanded to
the Municipal Court", the same court that signed all of the past
TRO's. I called the prosecutors office and went to their offices. I
told them they were incompetent, as they never called me as witness
or ever heard the audiotape that comfirms the higher charge, i.e,
how is that considered thorough. They ignored me, and it went to
trial at the municipal court on May 4, 2006. The Municipal
Prosecutor was asked by me, if she wanted to assist in the
prosecution of the downgraded charge. She knows me from the past
TRO's. She went to the Muni Judge in open court and stated on the
record that she would recuse herself, as she knows me to be
aggressive against my wife and she also counsels victims of Domestic
violence and she feels intimidated by me, and is considering
harassment charges on me. Keep in mind, all the past TRO's and
harassment charges tagged to the TRO's were defeated by me in the
same Muni Court. I guess she is still soar. The judge tried to put
the prosecution of the charge over to a "conflict prosecutor". I
objected and told the judge I would prosecute the claim. He stated
that he would give me no slack and I would be held to the same
standards as the prosecutor. I told him, "Fine, let's proceed."
The trial commenced. I called the two police officers that were
dispatched to the call of May 2005. They testified that my wife did
claim I hit her and she was in fear for her life, etc. etc. etc. The
police report was certified and entered into evidence. My wife's
attorney objected many times, but I overcame the objections. I
offered the audiotape and marked it for identification. My wife's
attorney objected, stating the chain of custody issue. I then
testified as to the custody and showed the court it was secured, and
also the tape was already admitted into evidence, by the higher
court in the domestic violence trial. The judge had no choice but to
admit it into evidence. The tape was damning and showed my wife's
obnoxious and aggressive nature. The way her mouth ran, a reasonable
person could only conclude she was an abusive, out of control,
aggressive woman that would go to any extreme to have her way, and
then play the perfect victim when the cops show up. I had an iron
clad case, and she was ready to be convicted. She refused to testify
on her own behalf.
My wife's attorney moves to dismiss. I am floored. On what grounds I
said. Her attorney pulls out a letter from the Prosecutor's Office
showing the downgraded charge. Get this: My wife was originally
charged with New Jersey Statute 2C:28-4(a) [filing false police
reports] and the Municipal Court had the Downgraded charge listed at
2C:28-4(b) [lieing to a police officer with the intent to mislead],
but the letter my wife's attorney produced showed the downgrade to
2C:28-5(b) [tampering with a witness, which is not a downgrade, it
is still a 4th degree felony].
I was outraged! I told the court the letter I received from the
prosecutor said nothing of the sort, and this was the first time I
ever seen this letter. I also stated that my wife's attorney knew
what the charges were as I responded to his discovery request
relating to the downgraded charge of 2C:28-4(b) and he was
perpetrating a fraud on the court. The judge commended me for my
expertise in my prosecution and stated on the record that attorneys
could learn something from me, however, in the interest of justice,
his compelled to dismiss the charges because the benefit of the
doubt must go to the defendant. I told the judge that he could rule
it a mistrial and set another trial date. He overruled me and
dismissed over many objections from myself. I even (as a last
resort) quoted a New jersey case [State v Celmer] where it states
that Municipal courts being non-constitutional courts, cannot decide
constitutional issues. He overruled and dismissed. I was livid, but
kept my composure.
I went down to the Muni Court the next morning and got the
disposition. The judge did not dismiss at all. He directed a verdict
of NOT GUILTY on the original downgraded charge! That is not a
dismissal. If it was dismissed, I could have brought the charges
back up and retried.
So here is my problem. I suspect a few things, i.e. Collusion and
Fraud at high levels i.e. ex prosecutor (now Family Court Judge), ex
parte communications by my wife's attorney. Prosecutorial tampering,
Municipal Prosecutor Collusion with my wife's employer, Municipal
Judge Collusion i.e. Direct verdict of Not Guilty instead of
dismiss. My only remedy is to appeal the verdict on the criminal
charges, and also appeal the decisions of the Family Court Judge to
try and get remedy, and also bring Civil Action against the state.
Of-coarse I need to get the record of all the proceedings which will
be over a thousand dollars, as the proceedings are not short ones. I
simply do not have these resources and I am losing fortitude. Not to
mention, there is much research to do and I have a back injury right
now that prevents me from doing heavy work (I am a builder and re-
modeler). I am in a pickle here.
If anyone can help me out in a monetary way, I would be forever
obliged. If you cannot help monetarily, please drop me a line to
help me defeat this fraud. If you can help with research, ideas,
case law, strategy, procedural tact, pleading drafts, civil rights
violations, racketeering, etc鈥︹€? Please, Please, Please help.
If I don't get some help, this will no doubt destroy me and our
pursuit of justice.
Urgently needing support,
Lawrence Dear Friend,
I understand that you feel passionately about this litigation. However, you come across as someone who needs mental help more than legal help. More specifically, your story sounds paranoid in the extreme. Just because people disagree with you, or you lose a case, does not make them corrupt. I know it's not what you want to hear, but my honest advice is to let this go and get on with your life.
Your Friend,
Francesois |
