Richard Fine Complaint Against Judge David Yaffe, Sheriff Leroy “Lee” Baca, and Others Filed with US Attorney

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A recent complaint filed with the US Attorney by Joseph Zernik, Ph.D., on behalf of imprisoned former attorney Richard Fine highlights how the irregularities in court records and public access to those records may be at the root of much judicial misconduct. When the public cannot be sure of who was involved in a decision, what the decision was, and what evidence and testimony were considered, the entire legal system loses all appearance of justice. Zernik alleges that this is exactly what has happened to Richard Fine and outlines such problems with records he has inspected or attempted to obtain himself. Without easy public access to accurate records, the courts cannot be trusted.

On July 8, 2010, Joseph Zernik, Ph.D. filed a complaint with Andre Birotte Jr. of the US Attorney Office on behalf of American political prisoner Richard Fine. Fine has been imprisoned for nearly a year and a half as apparent retaliation for his challenging of the corrupt Los Angeles Superior Court and its illegal practice of receiving payments from the County of Los Angeles that appears to have influenced the outcomes in many cases heard by the judges receiving these payments.

10-07-08 Complaint Filed with US Attorney Office, Los Angeles, against Judge David Yaffe and Sheriff Lee Ba…

The complaint refers to the Marina v LA County (BS109420) civil case which has been used as a vehicle to imprison Richard Fine with the excuse of a “contempt of court” order. Yet the Court refuses to allow citizens to review relevant records in this case that should be accessible to the general public. Consequently, there are questions as to whether required documents even exist.

In Marina v LA County (BS109420) – Ancillary proceedings on contempt under Petition for Injunction at the Superior Court of California, County of Los Angeles – as detailed in instant complaint no warrant, no judgment, no conviction and no sentencing were ever entered in the case for the arrest or imprisonment of Richard Fine.

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Complaint Allegations

The complaint alleges that Judge David Yaffe, Presiding Judge Charles McCoy, Sheriff LeRoy Baca, Clerk John Clarke, and Attorney Frederic Bennett have conspired to deprive Richard Fine of his civil rights and to falsely imprison him on fraudulent orders of the court. The specific allegations include:

  • public corruption
  • fraud
  • wire/fax fraud
  • honest services fraud
  • extortion
  • conspiracy
  • obstruction of justice
  • retaliating against a witness, victim, or informant
  • tampering with a witness, victim, or informant
  • mail fraud

The complaint also includes links to documentation of other fraudulent imprisonment cases in Los Angeles.

Dr. Zernik has also filed complaints and reports with the United Nations regarding their review of human rights abuses in the United States.

Zernik’s Human Right Alert Website

Zernik’s Humans Right Alert website features a growing list of findings of problems with corruption, fraudulent records, records tampering, and judicial misconduct going all the way to the United States Supreme Court. The site is certainly worth reading for anybody interested in how corrupt, abusive, and lawless American courts have become in recent years.

Records Fraud and Secrecy Are Enablers of Judicial Abuse

Zernik’s contention for the cause of many of the cases discussed on his site is that public records fraud and secrecy is being systematically used to cause the deprivations of rights, false arrest, and imprisonment of at least many tens of thousands of Americans while covering up the responsibility for these actions.

His reasoning is that the transition to digital records has been mismanaged by US courts and government agencies to deny access to the public and to hide the authenticity of records, thereby allowing fraudulent records to be entered into digital systems in which the public has no ability to detect the fraud and may not even have the ability to view the records at all. As one of many examples of this, he cites how the records show that the arrest warrant for Richard Fine was issued by the Municipal Court of San Pedro. That might sound fine until one realizes that there is no such court, there hasn’t been such a court in about a decade, and the LA Sheriff’s Department arrest of Richard Fine occurred at a different court that was not in San Pedro.

Richard Fine: Which Deputy falsely arrested this TI? LA Sheriff Dept ongoing coverups proven

Attorney Fine was arrested, as reported by media, in the Central District Courthouse, in downtown City of Los Angeles. However, the Sheriff’s Department insisted on publishing online false records that purported that Attorney Fine was arrested and booked by the non-existent Municipal Court of the City of San Pedro. At the same time, the Sheriff’s Department refused to allow access to the arrest and booking records of Attorney Fine, in disregard of California Public Records Act.

We checked and found that it does appear Zernik is right about the arrest booking location according to the LA Sheriff’s Inmate Information Center.

Zernik’s Personal Court Experiences

We’ve noticed that proponents of judicial reform generally had to experience how bad the courts are personally before they realized how urgently reforms are needed. Zernik’s gripes with American courts appear to stem from his own personal bad experiences with the Los Angeles Superior Court including his own court records being inaccessible to him. If you’ve ever tried to use the Los Angeles Superior Court website, you quickly find that you can get no information about cases unless you’re willing to pay them to search for a case. As Zernik points out, by making court records unavailable or difficult to access, the government is enabling fraud by making it costly for parties presented with legitimate-looking “court orders” to verify their authenticity.

It may be hard for the inexperienced typical citizen who has never set foot in a court to appreciate just how abusive American courts have become. Zernik’s complaints may not appear credible to such people. Yet when such people later find themselves involved with these courts, it quickly becomes apparent that the phrase “justice is blind” (which is used to imply impartiality) might be short for “justice is blind, deaf, dumb, and stupid” given what really happens. Others may find “justice is blind greed” might be more accurate given the propensity for many judges to reach decisions based more upon their financial or other personal interests than upon the law or the evidence.

American Increasingly Distrustful of Courts For Solid Reasons

Even if Zernik is somehow mistaken in some of his accusations, it is clear he is right that many American court systems work poorly, unfairly, and in secrecy. This appears to be the case at every level of the court system. But it is probably most commonly seen in courts that get little public and media attention and therefore escape the safeguard of public scrutiny.

The family law and juvenile courts in general probably deserve the highest amount of criticisms. Even seemingly simple matters of required record keeping are resulting in cover-ups. They also appear to operate as a cartel with divorce industry professionals intent on bilking the family fortunes from parents who find themselves in a family law court and government social services agencies that are intent on funding themselves by removing children from their parents to get federal Title IV-D payments.

Juvenile court cases are routinely closed to the public. This readily enables severe abuses of justice as happened to thousands of children in Pennsylvania who were deprived of their rights and falsely imprisoned in private jails so judges could earn kickbacks. While “officers of the court” (i.e. attorneys) who witnessed these perversions of justice should have reported them, they did not. It is not in their financial or personal interests to report a judge for a crime when the attorney will have to appear in front of the judge again and could be ruled against, fined, or even imprisoned by that judge as retaliation. Such judges have too much power given the far too little oversight and accountability they have.

In family law courts, frequently case files are sealed and/or portions of files are conveniently “lost” in cases in which there is apparent judicial bias and misconduct. One wonders if the court clerks are there to serve the public or to serve abusive judges by helping them to cover up their misconduct.

Civil courts and criminal courts are also prone to misconduct and injustice. The wrongful imprisonment of Richard Fine stems out of a civil case. The recent case of Tonya Craft highlights how even a criminal court judge can stack the deck against an innocent person in an attempt to railroad the accused in collusion with abusive law enforcement and prosecution. Fortunately there was a jury that was wise enough to keep this abused mother from being imprisoned for many more years.

The nation’s courts have become a disgrace and a barrier to justice from the local to national levels. It is understandable that an increasing number of citizens have zero faith in the courts and the government as obvious well-publicized cases of misconduct and abuse continue unabated and they or people they know are experiencing judicial misconduct themselves. Even a well-connected famous and reputable person like Richard Fine cannot get fair treatment under the law from any court in the United States. It has become clear to many that justice will not be served if it is not in the financial interests of judges to do so. This is exactly why today’s American courts appear to be thoroughly corrupt at every level.

Further Reading

US Supreme Court Denies Richard Fine Appeal Stay Request

Richard Fine Prelude to Illegal Imprisonment for the Masses

LA Protest to Free Political Prisoner Richard Fine on April 20

Corrupt Judge David Yaffe Jails Political Prisoner Richard Fine

San Diego Courts Cover Up Missing Forms and Psych Evals

Corrupt Pennsylvania Courts Jail Kids for Cash

Tonya Craft’s Ex, Parental Alienator Joal Henke, Shows Kids Will Lie About Sexual Abuse To Hurt Target Parent

Attorney Richard Fine – dissident’s false hospitalization in Los Angeles County, California

2010-07-08 Complaint Filed with US Attorney Office, Los Angeles, against Judge David Yaffe and Sheriff Lee Baca – for Public Corruption and Deprivation of Rights in Imprisonment of Richard Fine

  1. one of thousands
    July 27th, 2010 at 18:41 | #1

    I’m going to take a step back on this one. Judging is tough. They work long hours with tons of disputes rolling though the courtrooms. Most of them want to do a good job — if they don’t the fall of our society is on their heads. Not a good legacy.

    Tough, tough job. Can’t blame them for being grumpy. Every whining snivel on the planet wants something out of them.

    But they’re missing an important point. That the survival of our society depends on >them<.

    Why? Beat heads to create order and you create chaos. Be fair, help people — with passion and love — stay cool, and order and fairness blooms.

    Any thug with a gun can get what they want. Show some creativity and style. Brutes suck.

    Good luck San Diego — and good luck San Diego judges. If you care about your beautiful city you'll learn. If you don't, you should be ….

  2. Actually, one of millions…..
    July 29th, 2010 at 23:31 | #2

    Why take a step back? Why not take a step forward? The latter part of your message is very accurate.

    Make no bones about it; Richard Fine is a TRUE AMERICAN HERO.



    July 29th, 2010 at 23:34 | #3

    Why not take a step forward?

    I agree with most of what you said regarding the court crooks. The court crooks in L.A. and San Diego need to be locked up for years, throw away the key. They need to eat with the murderers and rapists. Their own kind. They need to soap each other up in the showers as well

  4. one of thousands
    July 31st, 2010 at 14:49 | #4

    Good points and cool screen names. I hope you’re both right actually.

    Except for the idea of prison abuse. I’m going off topic here but I think the idea that you’re likely to get raped in prison is a huge failure of our justice system. In fact, the idea of prison itself is completely screwed up in this country — we used to have “correctional facilities” where the idea was to “rehabilitate” inmates. Not any more. We’ve become as abusive as a people as those that abuse us.

    The vast majority of our current prison population are interned for relatively minor drug crimes — smoking pot or dealing in cocaine. Sure, we lock up murderers, thieves, and other people too, but none of them — not one — should be sentenced to ass rape by the few deadly ones inside. It’s insidious to subject another human being to that, and frankly leads to exactly the attitude that has created our bad judiciary. If the public is vicious and uncaring, why would the judges be more thoughtful?

    Why is a bad guy a bad guy? Probably because someone screwed him or her over, abused him/her, he/she lost a job, and somewhere along the way he/she has lost faith in humanity and said ‘fuck it.’ The problem isn’t the existence of criminals — it’s the existence of the problems that make them criminals. But as a society we ignore the problems — they’re abundant and can be addressed by an intelligent society, but it’s a chicken and egg problem.

    Regardless, the answer isn’t throwing people in jail. That just leads to more harsh attitudes and more abuse.

    The US has 1% of the world’s population, but 10% of it’s prison population. That’s an insane ratio–it means our leaders would far rather throw people in jail (costing billions) to be potentially ass raped than address the causes of >their< failures. Yeah, that makes sense.

    Hate and punitiveness don't help people. Love, compassion, and guidance do. I say we focus our efforts to support and protect our most important assets — families and children — rather than abusing and demoralizing them by fascist control.

  5. aregularjoe
    July 31st, 2010 at 23:49 | #5

    Good expose (expozay) on prison issues, however, please try and stay focused. Your points are valid, but lets be realistic, in a perfect world, perhaps, but not this one in which we live.

    When there are people with Ph.D’s, J.D.’s and other “D”‘s, there will be corruption and extortion due to money=power.

    It’s all about power and money. That’s it. How much they can pad their wallets with commoners hard working money. It’s been going on for longer than we’ve known in this life. Without extorting, professionally licensed people could not live the life of Riley. Why should they change their extortionist ways now? So they could live like the common man? Keep writing, we like your style and your thinking. We also need to focus on practicality and truth as to what society could expect for the future.

  6. One of Thousands
    August 2nd, 2010 at 10:17 | #6

    Very good points aregulargo (boy that was hard to spell). i’ll just call you “Larjo.” Cooler.

    You’re right: The prison discussion was off topic, but I didn’t put it on the table, so, whatever.

    Of course the world isn’t “perfect.” — never will be. Far, far from it. But the US — with California leading the way — is >veryvotekicking their asses out of office at every chance you get.<

    They'll be better for it, and so will you.

    Think big, but stay cool Largo. We may need ya.

  7. jerryk
    May 8th, 2014 at 04:44 | #7

    @Actually, one of millions…..
    I agree. Officials including judges should be responsible for their action in court particularly when liberty is at stake. Consider the man who recently spent 25 years in prison accused of murdering his wife. The judge and prosecutor withheld DNA to convict. It is treason degrading the U.S. Constitution.

  8. meakua
    November 6th, 2017 at 22:51 | #8

    4 courtroom observers kidnapped and taken hostage for 30 days in Hawaii
    On 9/26/17, at ~8:30am, a group of courtroom observers convened as witnesses at the public district courthouse in Waimea, Hawaii, to ensure that people’s rights to due process of law were preserved and protected. When a man’s, [Cammeson Carlos-Ellazar] traffic case was discriminated against, some of the courtroom observers pointed out this injustice and inquired why this man’s case was skipped over, yet again. After jurisdiction was challenged, the group got up to leave, but 4 people were forcefully taken and held hostage for 30 days, subjected to physical assault; verbal and mental abuse; threats; torture.
    They were never read Miranda rights, never shown any warrants despite demands; never given a call to their law counsels, nor families, despite demands; never taken to a magistrate to face their accusers and rebut false charges, despite demands; no bail; no presentment or indictment of a grand jury; never given a speedy trial by jury of peers, protected and secured by the [V,VI, VII amendments], despite demands. Liberty, and property were deprived without due process of law.
    If that wasn’t enough, wrongdoer Michelle Kanani Laubach, issued unlawful warrants out for all 4 hostage victims on 10/23/17, while they were still unlawfully detained at HCCC, for “non reporting for ID processing”. They were not released until 10/25/17. Is this incompetence or more abuse of power of a public SERVANT?
    This grave trespass and violation of the constitution for America destroyed relationships, destroyed what little faith there was in the justice system, jeopardized jobs and families, resulted in metal anguish and PTSD. Cammeson was taken when his newborn was just 10 days old. He was once again taken hostage on 11/1/17 without due process, ordered by Melvin Fujino, with $10K bail, for doing no harm.
    Corruption and RICO appears to be common place in Hawaii, documented in an ongoing effort by a retired police detective in Colorado to unsuccessfully petition the Federal Grand Jury to investigate rampant corruption in Hawaii, from the local police, prosecutors, state justice departments, local Federal level Department of Justice, National Federal Department of Justice as well as National Federal and State level FBI. Because he was not able to obtain remedy nor justice anywhere in Hawaii, he now moves the venue to the Federal level OUTSIDE of Hawaii and requests that additional Special Grand Juries are empanelled to investigate Judicial and Department of Justice corruption within the State of Hawaii.
    “To be clear these courts are OUR courts, the judge is just an employee in it.
    You do live in one of the most judicially corrupt states that exist. The judges there more so than anywhere else actually believe that they ARE the law. Judges have a very narrowly defined scope of authority, and they can be charged with crimes for their lawlessness just like any one else. The reason we have PUBLIC courts in the first place is so the public can keep the judge in line, the problem is today that the average individual is so ignorant of the law their rights and power of a judge, that they are easily deceived into contracting with the court to legitimize the fraud negligence and corruption these judges force upon people.
    ONLY a JURY can remove rights from an individual.
    EVERYONE involved in ANY form of Sui Juris methodology, should ALWAYS carry a writ of habeus corpus with them for exactly the event where a corrupt bureaucrat may decide to violate their rights. People have to understand that even if they are being held in custody to ensure their appearance for trial (remanded) they are not the same as prisoners in that jail whom have been convicted. While it is routinely customary to that those awaiting trial the same way as you would a prisoner, it is improper and wholly lawless to do so. People also have to understand that just because something is done a certain way, and has been for a long time, that alone does not mean what is being done is lawful.
    For example one who has not been convicted of anything, who has been remanded without bail to ensure they appear for trial, possesses all of the same rights as the people. To restrict the freedom of such an individual, as well as their access to technologies to prepare their defense and contact their loved ones, is itself a crime. ONLY CONVICTED CRIMINALS may have their rights removed or suspended and ONLY by a jury upon conviction of a crime. It doesn’t matter what rule one breaks nor how frequently they break that rule if they cause no actual harm to another there is nothing criminal about it. It is not a crime to defy the will of the state/people/majority/group of citizens in contract. Especially where it is that the will of the State infringes the freedom of the individual.
    CONTEMPT is also another very misunderstood concept. A judge cannot just throw that term around to threaten and intimidate you, you cannot be in contempt for simply exercising your right to ask questions because you do not understand the cause and nature of the charges and proceedings. And understand you are not wasting the courts time, they are wasting YOURS with respect to statutory compliance matters with absolutely NO actual harm nor complaining party. EVERYTHING these courts do that doesn’t involve the lawful defense and protection of the rights and property of the individual people is itself a crime.
    JUSTICE the COURTS, the MAGISTRATE, and the SHERIFF himself, ALL have a duty to protect your freedom, and if they fail to do their duty YOU have recourse against THEM!”
    “He who consents, receives no injury.”
    DETENTION WITHOUT A WARRANT: When an individual is detained, without warrant and without having committed a crime (traffic infractions are not crimes), the detention is a false arrest and unlawful imprisonment:
    DAMAGES AWARDED: TREZEVANT v. CITY OF TAMPA,741 F2d 336 (11th Cir. 1984) “Motorist illegally held for 23 minutes on a traffic charge was awarded $25,000 in damages.”

  1. November 30th, 2010 at 05:53 | #1
  2. December 14th, 2010 at 01:19 | #2

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