Nearly three years ago Judge Whyte sealed an order when the cult went
after me for asking for a copy of NOTs 56 (which I wrote) and posting
a pointer to a fair use version of NOTs 34.
It was my contention at the time that Judge Whyte had sent me a sealed order with the intent to entrap me into posting it so the cult could go after me for violating an order of Judge Whyte's court.
You can see the thread if you go here and click on options and "view thread."
http://groups.google.ca/group/alt.religion.scientology/msg/0c26c6ba2ad1ed27?hl=en&
I suspected a setup so I declined to take the bait. Barb posted a lead in and Gregg Hagglund posted a press release about the order which didn't disclosed anything in the order.
Gregg went all out with the press release. A choice paragraph is:
"The order includes an out-of-the-blue gratuitous personal attack on Henson, making a vicious assertion totally contrary to facts filed in evidence and not disputed before Whyte's court. The insult appeared to me to be in the words usually written by cult lawyer Samuel Rosen. Metaphorically speaking the judge lifted his solemn robes for the Criminally Convicted Cult and let their 350-pound lawyer insert his . . . . text."
Rosen sent a FexEx letter to Whyte Oct. 1, 2002 whining about Gregg reading Whyte's "sealed" order sent to Gregg's fax machine. Silence from Whyte. I sent a letter October 3 or 4 to Chief Judge (at that time) Marilyn Patel. October 9, just in time for the letter to have reached Judge Patel, Judge Whyte posthaste unsealed the order, blaming the sealing on his clerk. (I know it is standard, but I think blaming what was really a criminal act on a subordinate, especially a female subordinate, is low life behavior, like LRH sending his wife to jail in his place.)
I had not thought about this episode for years, because there wasn't anything I could do about it except write a scathing post about how unlikely it was that Judge Whyte could have signed an order with "sealed" all over it by "accident."
http://groups.google.ca/group/alt.religion.scientology/msg/7661096270f2bf0c?hl=en&
"It's a good bet that sealing this order was done with malice by Judge Whyte in a conspiracy with Rosen . . . "
However . . . . Judge Weissbrodt has given me extraordinary powers to attempt to show that the courts were used to generate fraudulent rulings--which landed in the bankruptcy court. Getting an honest reply depends on Judge Whyte's clerk being fed up with being blamed for an attempt by Judge Whyte to entrap someone into a crime.
TO: Jackie Lynn Garcia
SPECIAL INTERROGATORY NO. 1:
Judge Whyte blamed sealing an order in No. C-96-20271 RMW on a clerk:
"ORDER UNSEALING ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF'S MOTION FOR A FINDING OF CONTEMPT
[Re Docket No. 581]
"As the result of a misunderstanding between the undersigned and his clerk, the Order Denying in Part and Granting in Part Plaintiffs Motion for a Finding of Contempt filed September 26, 2002 was inadvertently filed under seal. There is nothing confidential about the order and the court hereby lifts the "Under Seal" designation. A copy of the September 26, 2002 Order without its attachment and with the "under seal" designation removed is attached to this order."
Were you the clerk to which this statement of Judge Whyte applies?
Yes___ No___
SPECIAL INTERROGATORY NO. 2:
If the answer to SPECIAL INTERROGATORY NO. 1 is No, please give the name of the person to whom Judge Whyte refers.
_______________________________________________
SPECIAL INTERROGATORY NO. 3:
If the answer to SPECIAL INTERROGATORY NO. 1 is yes, was there actually a misunderstanding between yourself and Judge Whyte that caused of the sealing of the September 26 order in error?
Yes___ No___
SPECIAL INTERROGATORY NO. 4:
Have you observed anything in this case that would indicate improper influence?
Yes___ No___
SPECIAL INTERROGATORY NO. 5:
If the answer to SPECIAL INTERROGATORY NO. 4 is yes, list the occurrences and provide details.
____________________________
suggestions?
Keith Henson
From: WCB <wbarwell@Mungggedd.mylinuxisp.com>
Subject: Re: A very touchy subject
Date: Thu, 04 Aug 2005 08:41:23 -0500
Message-ID: <11f467utci0h6ef@corp.supernews.com>
roger gonnet wrote:
>
> "Keith Henson" <hkhenson@rogers.com> a écrit dans le message de news:
> 42f187b1.2686837@nntp.broadband.rogers.com...
>>
>> Nearly three years ago Judge Whyte sealed an order when the cult went
>> after me for asking for a copy of NOTs 56 (which I wrote) and posting
>> a pointer to a fair use version of NOTs 34.
>>
>> It was my contention at the time that Judge Whyte had sent me a sealed
>> order with the intent to entrap me into posting it so the cult could
>> go after me for violating an order of Judge Whyte's court.
>>
> This looks serious enough indeed to try to obtain a reply; but do you
> think the
> Justice system will allow you to defend yourself from a foreign location
> , since you're "under arrest" because of all this?
>
> I don't remember: Whyte was not an appeal judge, os was he? If the appeal
> is'nt done, would an appeal suspend momentarily the execution of this
> absurd sentence to 200 days?
Whyte was on the ninth circuit. Appeals courts would be
above Whyte. Then the supreme court.
> Besides, since the last relatively evident corruption activity by
> scientology-scientologists with an *elected* official (like judges are in
> USA) was discovered three days ago in NY, did you try to ask for
> corruption research from scientology to the court? [well, this can be
> awfully dangerous and difficult to prove]
In certain cases, in the US federal courts can try one on conspiracy charges. Its often done in drug cases. One may not be able to find top dope dealers with dope on hand to try them. But wiretaps and other evidence may develop evidence that they were attempting to deal dope, having others do the actual dealing. One can earn stiff prison terms for that, even if one fails to actually deal dope. Say the feds intercept shipments.
If this all develops enough evidence there was a conspiracy, how ever ad hoc, to deny Henson a fair trial, and rail road him, if a fedreal prosecuter could be found who wanted to deal with this, conspiracy charges could be used. All you have to show is that there was evidence of conspiracy. Even if it failed.
Sometimes what is done in dope dealer cases is, pick off a few lower level guys, and in return for a deal, 2 years on lessor charges rather than 10 on greater, turn them into willing witnesses againts the top guys. Some years ago, I headed a long radio interview on this subject by an ex-drug agency investigator who had been one of the US's most successful agents. he explained how all this wored and said bluntly, far more people were in prison on conspiracy than drug charges. Its so much easier to work this way it is routine now. Only the mules caught with 10 kilos in a trunk, (usually fingered by an informant) go to prison for drug possession.
So, If I was Henson, I would keep that in mind, and aim at proving conspiracy. Nor does it have to be an overall, overarching conspiracy.
The conspiracy of Scientology lawyers with police need not be the one and same as the conspiracy of lawyers to play dirty tricks on a court with ringers brought in as jurors.
All he has to do is prove that at least two people at some point conspired to do at least one thing illegal with overt reason to deny him his rights.
You can have overlapping but seperate conspiracies. Again dope dealers use compartmentalization. Somebody setting up a mule to run 10 kilos of cocaine into LA will not know how a dealer is conspiring to import cocaine from Columbia. Dope dealers are usually involved with overlapping but seperate conspiracies.
So a laywer for CoS setting up a trick with a compliant law enforcement agent will not know what another team of CoS lawyers is doing in a court to deny Henson his rights, either through trickery or conspiracy with an actual court personel.
If a CoS lawyer sets up a stunt to pressure the court to send a motiuon to late for Henso to reply and then pressures the court to punish Henson for failure to reply when he could have had no chance to do so, that is beyond the act itself, conspiracy. If a person in the court who should have known better, that this was unfair and against court rules, and allowed this to happen anyway, he is also part of the conspiracy, because he did so. With conspiracy, you do not have to prove intent. Just an act. Even a if its a judge.
What matters is if the conspiracy stopped with the lawyers who merely tricked a court employee, or whether that court employee knew an action asked by a CoS lawyer was wrong or not. If it was wrong and Henson complained and they did it anyway, and the CoS can be shown to be the instigator of an act, it is conspiracy.
> And finally, were there some parts of the court files to which you don't
> have access as a pro-se defender? (Asking, because indeed, I've been
> subjected to
> such facts before at least one court here, the court being in no case
> "guilty" of hiding the docs, but the scientology linked attorney had
> viciously manoeuvered with scam cultists to avoid any possibility for me
> to consult documents before my pleading pro-se. They knew I would have
> been able to plead their invalidity.)
In US courts, judges have a lot of discretion about these things. As we have seen. Which is why we see this happening as it is. Scientology has long been well noted as avoiding discovery for years even with judges demanding compliance.
And as we saw with Ward over demands in discovery for records from the cult on posts he had made they might have, we see judges sometimes rolling over and playing dead even in face of basic court rules.
With the level of corruption we see here in LA, its going to be hard.
There are tough US laws against conspiracies to deny a person their rights. The trouble is getting a federal prosecuter interested in actually following up. Federal government pressure to use such laws is spotty, but today's big goblin is terrorism. In the past it was drugs.
Moxon, one of the guys at the top who escaped charges in the Snow White cases has a history of being involved is nsuch conspiracies against the US government and private citizens. That might be the hook that interests a federal prosecutor.
Continuing nests of conspiracies to fair game people .
--
When I shake my killfile I can hear them buzzing.
From: WCB <wbarwell@Mungggedd.mylinuxisp.com>
Subject: Re: A very touchy subject
Date: Thu, 04 Aug 2005 11:19:48 -0500
Message-ID: <11f4fgja7o5bsf8@corp.supernews.com>
SirLagsALot wrote:
>
> "Keith Henson" <hkhenson@rogers.com> wrote in message
> news:42f187b1.2686837@nntp.broadband.rogers.com...
> <snip>
>> suggestions?
>>
>> Keith Henson
>
> Have you observed or are you aware of anything in this case that would
> indicate improper
> influence?
Scientology lawyers....
TITLE 18 > PART I > CHAPTER 13 > § 241
§ 241. Conspiracy against rights Release date: 2004-08-06
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured? They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
-- When I shake my killfile I can hear them buzzing.