60 min. OR try MP3 file here.
Rescue me from this judge:*CLOSE THIS WINDOW when finished
Recusal of judge for appearance of fairness.
San Mateo County (CA) Superior Court - August '07: The defendant was arrested for contempt of court but was not in contempt, the judge skipped his right to allocute; check mate! Listen to this witness describe the demeanor of this judge before and after being named in a criminal complaint for kidnapping.
But your Honor, I . . . Those cuffs are tight! [Judge] Lisa Novak kidnaps Cal. man and holds him for ransom, can't deny a thing, gets nailed for it!
San Mateo, CA - County Superior Court [judge] Lisa Novak (42 yrs. old, 2007) says, "Do you have a reason for not going to the doctors you were ordered to see?"
Criminal defendant says, "Yes. Do you have an excuse for not recusing yourself?"
Novak, "The defendant is remanded into custody."
"Oh, you're too much - I really can't accept this award. I kidnap people all of the time - It's OK, I'm just a judge!"
Judge Lisa A. Novak
1050 Mission Road
South San Francisco, CA
Appointed 2005 by A. Schwarzeneggar.
County judge in San Mateo, CA, flies off the handle to find contempt and arrest a man without cause. Bail is demanded and at the hearing the man was refused the opportunity to give the judge the lawful excuse for not seeing doctors as ordered, an excuse he indeed had and should not therefore have been found in contempt.
The funny thing about this, beyond the political laundry element of all of this, is that it illustrates how absolutely ballistic you can be when invoking American jurisprudence and the criminal code. I don't just have a motion, but rather I have a host of attempts to cause the arrest and prosecution of everyone involved in the abuse, and this is directed solely at causing judge (loosely) Lisa Novak to recuse herself.
Upon determining that a deprivation of rights to allocute of one who's not in contempt, followed by his arrest for contempt, I knew that a bar to jurisdiction had occurred, making his loss of liberty by force and his detention for ransom the actual commission of several crimes.
County Superior Court filing: This first filing serves several vital purposes -
1) to constitute a repository of all, but only the necessary, evidence to apply pressure under the criminal code,
2) to put in writing and on the record a depiction of gov't abuse in terms of criminal statutes and prison terms, all of which is designed to cause discomfort and unease,
3) to implicate the judge in criminal allegations or in relation to such, which not only causes further unease but also destroys the appearance of fairness,
4) to prove to everyone involved against you that they're not the only ones who can litigate offensively, and
5) most importantly this filing serves as a component of a broader attack aimed solely at getting a derelict and terroristic judge (Lisa M. Novak) to get away from this defendant and his case; nothing more.
ALL in .pdf
I feel that I have thoroughly destroyed the appearance of fairness with all of this (below), and that forms the basis for the affidavit of prejudice, which was the goal all along; remember? "How can I get this judge the Hell away from me and my case?!?!"
Affidavit of prejudice for his case:
Affidavit of prejudice - WORD VERSION - This affidavit of prejudice was filed into Joe's case with exhibit, the FBI complaint with its exhibit, the State complaint, showing that the appearance of fairness is lost and that the judge must therefore recuse. She had refused to do so and was questioned about it at the August 22, 2007 hearing and that's why she had Joe arrested.
You'll see here that a copy of the state criminal complaint was the only exhibit in support of the FBI complaint below, along with its exhibits, so planning of the number of copies from the start is important. At each stop this individual was getting his copies date stamped received. The state crimes no doubt translate into the federal crimes alleged in this complaint to the FBI and the evidence makes the allegations irrefutable, which causes all of those involved to think of nothing but their future depositions where they'll have to claim 5th Amdt. privileges.
Criminal complaint to FBI:
Fed/FBI CC - WORD VERSION - This FBI citizen's criminal complaint for violation of 18 USC 241 and 242.
Criminal complaint to state court:
Petition for Grand Jury - WORD VERSION - Cal. Penal Code § 904 provides for a Grand Jury to be empanelled when in the Public's interest.
State criminal complaint - WORD VERSION - These two documents were filed first, in Superior Court (on Friday August 31, 2007, to ruin Labor Day weekend for the defendants), asking that a Grand Jury be empanelled to investigate charges of kidnapping for ransom, robbery, assault, etc. Filed in person so as to get a date stamp on Joe Lunchbucket's copies.
This is just what I chose to do in this instance, and Joe understood that he was acting on his own by filing these. I hope you can see how I employed offense and NO DEFENSE in attempting to convince the judge she should recuse. Yes, kidnapping charges (almost) and conflict of interest - Destroy the appearance of fairness to create a storm over any prejudicial fault in any proceedings, and this can recuse any judge at any time.
After this judge's recusal this man's public defender filed a motion to dismiss for a violation of his rights to speedy trial (they screwed with him for too long) and this case was dismissed. Servants did their best with this to run the defendant out of town, but once the court was slapped into reality and calmed down, getting back to actual jurisprudence and resonsible adjucation, the new judge calmly instructed the prosecutor to confirm or disprove allegations of speedy trial timeline lapses and to report back about it. Later that day the prosecutor called the public defender to tell him that he was dropping the case.
P.S. What you see here is the result of three eight-hour shifts' work over three days time after receiving the cassette tape of Joe's arrest via overnight delivery.
Lisa Novak appointed by Arnold, has ethical inadequacies -
FOR IMMEDIATE RELEASE:
Governor Schwarzenegger Appoints Lisa Novak to San Mateo County Superior Court Governor Arnold Schwarzenegger today a announced the appointment of Lisa A. Novak to a judgeship in the San Mateo County Superior Court. Novak, 39, of San Francisco, has practiced civil litigation and criminal defense as a sole practitioner in the Law Offices of Lisa Novak since 2001. She has also served as a judge pro tem in the San Mateo County Superior Court since 2003. Novak was previously a deputy district attorney in the San Mateo County District Attorney's Office from 1992 to 2001. Novak earned her Juris Doctorate degree from the University of California, Hastings College of the Law and Bachelor of Arts degree from San Jose State University. She fills the vacancy created by the retirement of Phrasel L. Shelton. Novak is a Democrat. The compensation for this position is $149,160. Voted most likely to be arrested for stalking and communicating with children for immoral purposes way too often to go unnoticed . . . you know.
A witness to this hearing said that this court was 180 degress apart from how it was on the prior two occasions, he said that rights were finally of concern and he could sense the power of the pleadings and how they deeply shook or sobered the judge.
- TakeFromCaesar.com -