On Thu, 22 Nov 2001 08:42:13 -0800, Brent <bstone@kudonet.com> wrote:
>On Wed, 21 Nov 2001 20:02:04 GMT, hkhenson@cogeco.ca (Keith Henson)
>wrote:
>>I have been extremely reluctant to accuse the judge in my case in
>>Hemet of wrongdoing. However . . . . . Keith Henson
>How in the heck can they "seal the record" FROM the defendant and
>the appellate courts? I can see sealing the records from the public
>in cases of things like national security (or preventing the public
>from contracting pneumonia for hearing about Xenu :-), but there is
>no indication of even a reason for sealing this record.
>
>I would think that there would have to be a motion to seal part of
>the record, with both sides allowed to give arguments before records
>can be sealed. What possible reason can there be for "sealing" the
>fact that motions were submitted? In any case, simply DELETING
>portions of the court records is NOT how records are sealed. The
>portions that are sealed are well-marked in the transcript as
>sealed, and the transcript still reflects accurately what happened
>in the case. What happened here is simply forgery of court records.
DECLARATION OF H. KEITH HENSON
I, H. KEITH HENSON, declare:
1. The facts set forth in this declaration are known to me personally.
If called to testify as to the truthfulness of the facts set forth in
this declaration, I would do so.
2. About 11:50 a.m. Eastern time November 27, 2001 I spoke by phone
for a few minutes with Amanda Fagan, the court reporter for the Hemet
case (HEM014371).
3. When I asked her why the transcript for the morning of April 19,
2001 was missing, Amanda stated that the Judge Wallersheim informally
(in the hallway) told her not to prepare the voir dire and Motions in
Limine parts of the transcript.
4. When I expressed amazement that the court records could be sealed
so casually, she replied, "He's the Judge."
5. I asked her if she was aware that the transcript was in conflict
with the minute order of that day. She indicated she was not aware
and was irritated at being asked.
6. She stated that her tapes are available and that she can
transcribe this section if given an appropriate judicial order.
I declare under penalty of perjury under the laws of Ontario,
Canada that the foregoing is true and correct.
Dated November 27, 2001 at 12:10 pm
[signed]
H. Keith Henson