Alleged Mail Fraud, Assault, Harassment of Mercer County Sheriff’s Office: Stop OR I WILL ARREST YOU!

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Lady Justice Soldier

POLICE MISCONDUCT

VS.

“THE LAW”

 

For over a year Derek Syphrett has endured alleged and factually supported assaults, harassment from the Mercer County Sheriff’s Office.

 

TO FINALLY PUT AND END TO THE LAWLESSNESS:

 

MR. SYPHRETT SENT THIS LETTER TO REMIND THE FOOLS IN BLACK THAT THE POWERS OF LAW ENFORCEMENT AND PROSECUTION IN NEW JERSEY ARE NOT RESERVED TO THE STATE:


 

OTHER ALLEGED FELONY CRIMES OF:

ASSIGNMENT JUDGE RONALD E. BOOKBINDER

 

judgeinjailforgamblingfeb12

 

HERE: ALLEGED FELONY WITNESS TAMPERING

IN INTERSTATE CUSTODY CASE & OBSTRUCTION OF JUSTICE

(Sent to Federal Bureau of Investigations F.B.I., Hamilton Field Office, Special Agent Addison)


 

NEW JERSEY IS IN FACT & IN LAW ONE OF THE STATES

WHERE:

 

  1. CITIZENS HAVE THE POWER OF ARREST AT ALL TIMES

  2. CITIZENS CAN PROSECUTE CRIMES IN STATE COURT PURSUANT THE COURT RULES AND OPERATION OF “THE LAW”

  3. AS SUCH CITIZENS ARE THE ONLY LEGAL PERSONS IN NEW JERSEY WHO CAN SERVE AS WITNESS-OF-FACT, ARRESTING PERSON, AND PROSECUTOR.


 

 

 

JUST A REMINDER TO ALL IN NEW JERSEY:

Gadsen Flag

FILED: Writ of Mandamus Served Upon NJ Superior Court

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PickPocket and Loose Women

A SUIT WAS FILED AGAINST THE

SUPERIOR COURT OF NEW JERSEY &

THE MERCER COUNTY SHERIFF’S OFFICE &

ADMINISTRATIVE OFFICE OF THE COURTS TODAY

 

AS:

 

A WRIT OF MANDAMUS &

DEMAND FOR ENFORCEMENT OF COURT RULE 1:33

PETITION FOR REDRESS OF A GRIEVANCE (NJ Const. Article I, par. 18)

 

SEE THE HORRIFIC TRUTH HERE:

2014-10-15 – FILED FINAL Writ of Mandamus – Petition for Redress of a Grievance


 

NOTES ABOUT THE SERVICE OF PROCESS:

 

Serfs Dont fight back

1-YEAR AGO A SUPERIOR COURT JUDGE GAVE ME SPECIAL POWERS OF LEGAL SERVICE BY COURT ORDER IN OPEN COURT… I STILL HAVE THEM. I DOUBT THE SUPERIOR COURT REALIZES THIS. SO I SERVED THE PAPERS DIRECTLY TO THE AGENCIES INVOLVED AND PRESUME THE CLERKS WILL COMPLETE SERVICE.

10/14/2014 – I RECORDED MY PHONE CALL WITH THE CLERKS OFFICE: The Supreme Court Clerk lied to me after telling me I could file my writ of mandamus, Petition for Redress of a Grievance, and Demand for Rule 1:33 Enforcement, with my fee waiver forms directly with the Supreme Court.

10/15/2014: at about 12:10 pm I began service at the Supreme Court (a court of limited jurisdiction) to file a writ against the Superior Court, A.O.C., Judge Jacobson, Judge Bookbinder, Judge Tomasello, Judge Pedro Jimenez, Mercer County Sheriff’s Office, Mercer County Prosecutors Office.  MY RECORDING DEVICE IS GOING THE WHOLE TIME. The clerk then tells me I CAN NOT FILE WITH THE SUPREME COURT BECAUSE THEY ONLY HEAR APPEALS FROM THE APPELLATE DIVISION…. THIS IS FALSE, SHE OFFERS TO GIVE ME A BROCHURE TO EXPLAIN HER LIE… I TELL HER NO THANKS, I’VE READ THE STATE CONSTITUTION (IN WHOLE), AND A COURT OF LIMITED JURISDICTION CAN IN FACT ACCEPT MOTION PAPERS ADDRESSING A VOID COURT ORDER, AND A WRIT OF MANDAMUS…

THE SUPREME COURT CLERK: TELLS ME TO GO TO THE SUPERIOR COURT TO FILE MY WRIT… I TELL HER I WILL BUT I WILL SEND CERTIFIED COPIES TO THE SUPREME COURT AS IS MY RIGHT.

10/15/2014: AT 12:24 I SIGN IN AT THE SUPERIOR COURT CLERKS WINDOW AT THE HUGHES JUSTICE COMPLEX IN TRENTON … THEY ARE EXPECTING ME ACCORDING TO THE SUPREME COURT (ODDLY). I DELIVER THE PAPERS AND EXPLAIN THAT I AM DEMANDING THE COURT OBEY THE LAWS AND COURT RULES AND THAT REMEDIAL ACTION BE TAKEN WITH REGARD TO MY UNLAWFUL ARREST, THE SETTING OF TWO BAILS FOR A SINGLE CHARGE, AFTER I ALREADY POSTED BAIL FOR THAT SAME SINGLE CHARGE, AND A LITANY OF SIMILARLY RIDICULOUS EVENTS, INCLUDING:

THE SUPERIOR COURT PROHIBITING ME FROM APPEARING AT MY OWN TRIALS… I GIVE THEM A COPY OF THAT CRAZY COURT ORDER FROM JUDGE BOOKBINDER 

10/15/2014 – I served the Administrative Office of the Court (AOC) directly at the Director of the Courts Office. The secretary told me I could not serve the office directly, but that I had to serve the counsel for the office. I refused to take the writ and moving papers back and moved on.

10/15/2014 – I SERVE PAPERS TO THE MERCER COUNTY SHERIFF’S OFFICE AND SHERIFF JACK KEMLER: I demand to finally be told WHY I WAS ARRESTED 8/19/2013, WITHOUT WARRANT, PROBABLE CAUSE, OR ANY BAIL VIOLATIONS 1-DAY AFTER I POSTED BAIL, AND PRESENTED MY BAIL RECEIPT TO THE ARRESTING OFFICERS, WHO REFUSE TO IDENTIFY THEMSELVES TO THIS DAY (one officer was Officer “Lasnyck” or something like that, he gave me a court order from my divorce judge after the arrest, but the sheriff’s office continues to deny they arrested me on 8/19/2013).

10/15/2014 – I then go to the SUPERIOR COURT CRIMINAL COURT HOUSE AT 400 WARREN STREET…. AT THIS POINT SHERIFF’S OFFICERS START HARASSING ME, AND TELLING ME THEY ARE GOING TO ESCORT ME THROUGHOUT THE COURT HOUSE. KEEP IN MIND I AM ACTING AS AN ATTORNEY-IN-FACT AND I HAVE FULL LITIGATION PRIVILEGES (I CAN NOT BE CIVILLY SANCTIONED FOR ANY COMMUNICATIONS RELATED TO MY LEGAL PAPERS OR PROCESS… EVEN IF I YELL AT CLERKS AND COPS…. WHICH I DIDN’T, BUT I DID SPEAK FIRMLY)

… AT FIRST OFFICER BUNCHK STARTS ESCORTING ME… IT TAKES HIM ABOUT 2 MINUTES BEFORE HE THREATENS TO HAVE ME REMOVED FROM THE COURT. I ADVISE HIM THAT THE FBI INVESTIGATED THE SHERIFF’S OFFICE FOR MY ARREST, AND THEY RECOMMENDED PROSECUTION… I TELL HIM HE SHOULD PROBABLY STOP ESCORTING ME BECAUSE IF FOUND IT TO BE A FORM OF HARASSMENT.

…. HE GETS REPLACED BY OFFICER GOGAN (A WOMAN) SHORTLY AFTER THAT

…. THE CLERK TRIES TO REFUSE MY PAPERS, AND SHERIFF’S OFFICER GOGAN TRIES TO TELL ME THAT I NEED TO BE QUIET AND LET THE CLERK TALK.

I TELL OFFICER GOGAN TO STOP INTERRUPTING MY CONVERSATION, BECAUSE IT IS PRIVILEGED (LITIGATION PRIVILEGE) AND SHE CAN NOT IMPEDE OR OBSTRUCT MY COMMUNICATIONS MADE IN THE INTEREST OF JUSTICE…

THE CLERK STARTS YELLING AT ME THEN AND TELLS ME THAT I NEED TO SHOW SOME RESPECT TO THE SHERIFF OFFICER GOGAN

I TELL THE CLERK THAT I AM A CITIZEN OF NEW JERSEY AND AN ATTORNEY AND THE SHERIFF’S OFFICER CAN NOT SANCTION ME FOR COMMUNICATING ABOUT MY CASE, UNLESS I BREAK A LAW… WHICH I NEVER DO (eg felony, or combative stuff).

EVENTUALLY MY PAPERS ARE SERVED UPON THE SUPERIOR COURT – JUDGE JIMENEZ, AND JUDGE JACOBSON….

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SO NO SURPRISES HERE

THE SHERIFF’S OFFICE AND COURT CONTINUE TO

HARASS, LIE, BULLY, AND OBSTRUCT JUSTICE

… SO WE’LL BE IN FEDERAL COURT SOON ENOUGH

 


 

 

 

Gadsen Flag

 

A REMINDER TO ALL:

 

THIS IS HOW SELF GOVERNMENT STARTED

(SEE ABOVE PICTURE: GADSEN FLAG CIRCA 1775)


REVENGE OF THE DAD: WRIT OF MANDAMUS & HABEAS CORPUS FOR RETURN OF MY CHILDREN

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Boston Tea Party

PETITION FOR REDRESS OF GRIEVANCES,

(PURSUANT: NEW JERSEY STATE CONSTITUTION, ARTICLE I, et seq.

PURSUANT: BINDIN COMMON-LAW inclusive of Haines v. Kerner (1972)

&

WRIT OF MANDAMUS, IN LIEU OF WRIT, LEGAL BRIEF

WRIT OF HAEBEAS CORPUS, FOR BENJAMIN AND VANESSA SYPHRETT

(Submitted in Forma Pauperis, by Indigent Citizen, (See Proofs in Dockets: FV-03-1154-14 & FO-11-131-13)


Magnify Glass FACTS

SEE FULL PETITION TO SUPREME COURT, ADMINISTRATIVE OFFICE OF THE COURT, COURT CLERK

WITH EXHIBITS DETAILING SOME OF THE CIVIL RIGHTS VIOLATIONS HERE:

2014-10-12 Petition – Writs – Legal Brief


 Legal Papers

WRIT OF MANDAMUS

WRIT OF HABEAS CORPUS

PETITION FOR REDRESS OF GRIEVANCE

(Pursuant: New Jersey State Constitution Article I, Par. 18;

Pursuant: Haines v. Kerner U.S. Supreme Court 1972; &

Binding Common-Law within this Jurisdiction)

 

 

Derek C. Syphrett, Esq. 10/10/2014

In the following capacities, and as the following legal persons:

Attorney; Citizen of New Jersey; Citizen of the United States of America; The Sovereign Power / Authority, in parte et in lege, et in lege; Permanently Disabled Person; Real Party of Interest; Defendant Pro Se; The Public, in parte; Naturalis Homo In Carne; Amicas Curiae; Witness-of-fact; Parent & Legal Guardian of Benjamin & Vanessa Syphrett (Citizens of Connecticut, and victims of Parental Kidnapping in 2010, in putative court ordered custody of Margaret Wallace, by putative court order of the State of New Jersey);

252 Fountayne Ln,

Lawrence Township, NJ 08648

VIA U.S. MAIL & FACSIMILE BY THIRD PARTY PERSONS

M. Smith, Hon. Chief Justice Rabner, Hon. Justice Albin, and all Employees of the New Jersey Courts with: any connection to my legal affairs: praeterita vel praesentia

Supreme Court of New Jersey

25 Market St, Trenton, NJ 08625

RE:

  1. THE INTEREST OF JUSTICE, WITHIN THE JURISDICTION OF THE NEW JERSEY COURTS;
  1. WRITTEN REQUEST FOR ACCOMODATION PURSUANT THE FEDERAL AMERICAN’S WITH DISABILITIES ACT (A.D.A. / ADA)
  2. THE ADDRESSEES OF THIS LETTER WILL BE IN VERY BIG LEGAL TROUBLE IF I DO NOT GET ANSWERS TO THESE QUESTIONS AND DEMANDS IN 7-DAYS. THE GIG IS UP. MY PATIENCE HAS EXPIRED. NO PERSON ON EARTH WOULD PUT UP WITH WHAT I HAVE IN SUCH A CIVIL AND LAWFUL MANNER, AND YET I REMAIN CIVIL & LAWFUL AND I SHALL REMAIN SO AT ALL TIMES. YOU MAY BE SUBJECTED TO DIRECT OR COLLATERAL PROSECUTION IF THE OBSTRUCTION OF JUSTICE IS NOT BOTH “CURED” AND “PURGED” REMEDIALLY

 

Dear Michelle M. Smith, Hon. Chief Justice Rabner, Hon. Justice Albin, Judge Glenn Grant, J.A.D. And all officers of the Unified Courts of New Jersey, Advisory Committee on Judicial Conduct:

I have sent this letter to you in all of your “official capacities”, whether they be administrative or judicial in nature, or otherwise.

In my aforementioned legal capacities, and on behalf of the multitude of legal persons I both represent, and, in fact, am: I must at this point propound upon my (in parte) Court the following concerns and requests pursuant the interest of Justice, Court Rule 1:33, New Jersey State Constitution, 1947, Constitution for the United States of America, 1787 (inclusive of subsequent Amendments), the American Common-law / constitutionally operable portions of the ius civilli, within this states jurisidiction, and pursuant the A.D.A.:

 

PETITION FOR REDRESS OF GRIEVANCES,

PURSUANT: NEW JERSEY STATE CONSTITUTION, ARTICLE I, et seq.

&

WRIT OF MANDAMUS, IN LIEU OF WRIT, LEGAL BRIEF

WRIT OF HAEBEAS CORPUS, FOR BENJAMIN AND VANESSA SYPHRETT

 

Lady Justice Soldier

 

  1. I demand by operation of the Common-Law of this Jurisdiction, and pursuant timely and properly filed Writ of Coram Nobis, in Lieu of Writ, and papers submitted by right pursuant Court Rule 4:50, that my legal matters in Vincinage 3 be immediately relocated to an appropriate court.

    1. TO BE CLEAR: I demand (pursuant my prior and present written notices (in toto) which detail violations of “THE LAW” with relation to my legal affairs that the Administrative Office of the Courts consider Intervening in a material and impactful manner, in the interest of Justice; AND in support of my constitutionally protected rights; AND the RULES-OF-LAW (eg. Court Rules in toto)) THE COURT RESPOND IN WRITING TO ADDRESS THE VIOLATIONS OF COURT OFFICERS JUDGE PEDRO JIMENEZ, JUDGE FITZPATRICK, JUDGE JACOBSON, JUDGE BOOKBINDER, JOHN TOMASELLO, ETC.
    2. TO BE CLEAR: BY COURT RULE (1:33 and others) IT IS NOT THE ADVISORY COMMITTEE ON JUDICIAL CONDUCTS SOLE RESPONSIBILITY TO ENSURE THE PROPER ADMINISTRATION OF THE COURTS. IT IS IN FACT THAT OF CHIEF JUSTICE STUART RABNER, in his administrative capacity, and it is further the delegated responsibility of the Director of The Courts, and all Assignment Judges.
    3. AS SUCH: I DEMAND THE PROPER ADMINISTRATION OF THE COURTS WITH REGARD TO MY LEGAL AFFAIRS AND THE APPARENT NULL & VOID COURT ORDERS CURRENTLY PROPOUNDED UPON MY PERSON(S) AND MY PROPERTY WITHOUT DUE-PROCESS UNDER-THE-LAW, AND WITHOUT FOUNDATION IN THE LAW.
  2. I DEMAND THE COURT TAKE JUDICIAL NOTICE OF THE CASE FILES IN FM-03-790-14, FV-03-1154-14, FV-03-1162-14, AND PROSECUTOR’S CASE # 13-2502, in toto, and inclusive of the Transcripts for the Same.

  3. I DEMAND THE COURT EXPLAIN UPON WHAT LAWFUL AUTHORITY I WAS ARRESTED ON 8/19/2013, AND THEN ARRAIGNED BY JUDGE PEDRO JIMENEZ WITHOUT ANY LEGAL NOTICE TO MY ATTORNEY (MYSELF), OR MYSELF (DEFENDANT), PRIOR TO BEING HANDCUFFED AND BROUGHT BEFORE A JUDGE ON 8/19/2013 1-DAY PRIOR TO THE SCHEDULED “FIRST APPEARANCE”, WHICH WAS SERVED UPON ME ON 8/18/2013.

    1. FURTHER I DEMAND TO KNOW: ON WHAT BASIS IN FACT MY WARRANT OF 8/18/2013 WAS AMENDED, AS THE COURT, PROSECUTOR, AND SHERIFF’S OFFICE HAVE TO DATE NOT SUPPLIED ANY ANSWER TO MY WRITTEN REQUEST FOR THIS INFORMATION.
      1. In Fact in June of 2014: The Sheriff’s Office Falsely Claimed that they had no record of my 8/19/2013” arrest in response to the O.P.R.A. Request of John Paff. THIS WAS AN ACT OF MAIL FRAUD AND A LIE.
      2. THE AFOREMENTIONED LIES / FALSE STATEMENTS WERE: ONLY CORRECTED AFTER A COPY OF THE ARREST RECORD WAS SENT TO THE MERCER COUNTY OFFICE OF COUNSEL!!!
    2. FURTHER I DEMAND TO KNOW: ON WHAT LAWFUL AUTHORITY I WAS ARRESTED WITHIN THE SUPERIOR COURT WHILE SERVING AS AN ATTORNEY-IN-FACT, FOR A CASE PENDING BEFORE THE COURT AT THAT TIME AND/OR
    3. I DEMAND TO KNOW ON WHAT AUTHORITY WAS I ARRESTED ON 8/19/2013, AFTER LAWFULLY POSTING BAIL ON 8/18/2013 IN PROSECUTORS CASE #13-2502
  4. I DEMAND THE COURT TAKE JUDICIAL NOTICE OF THE ELECTRONIC COMMUNICATIONS FROM (dsyphrett@gmail.com) TO EMPLOYEES OF THE COURT AND EMPLOYEES OF THE PROBATION DEPARTMENT FROM (1/2013 to 10/12/2014):

    1. The Court Acknowledge written receipt, via “mail”, of my objection to the Probation Departments enforcement of a “Null & Void” child support order, and the courts / probatins failure to schedule an Administrative Hearing on the disputed facts of the matter.
    2. The court acknowledge my pre-adjudication requests in both FM-03-790-14 and FV-03-1154-14 (via an un-scheduled, Immediate Appeal requesting counsel be assigned): that I repeatedly requested counsel as a indigent, and as a result of my documented disabilities. THE COURT FAILED TO HEAR MY PROPERLY PLACED MOTIONS, AND/OR FAILED TO EVEN ISSUE SUMMONS FOR THE 3/1/2014 IMMEDIATE APPEAL (this was a violation of State Statutory-due-process, the will of the People, and contrary to the New Jersey State Legislature’s Authority, to demand the court provide immediate appeals as of right to a D.V. Defendant)!!!
    3. The Court Acknowledge that the proceedings in FM-03-790-14, were in fact and/or law in violation of the rights of the real parties of interest (Derek Syphrett, Benjamin Syphrett, and Vanessa Syphrett), in the manners described in the past correspondence with The Court, A.C.J.C. Sent via various forms of “mail” to the Court, and contained in the motion papers of Mr. Syphrett. This includes:
      1. THESE FACTS, EVIDENCE, AND TRANSCRIPTS CONFIRMING THAT: THE COURT PROHIBITING A WITNESS OF FACT, THE DEFENDANT, AND THE DEFENDANT’S ATTORNEY (Derek Syphrett) FROM APPEARING AT TRIAL IN FM-03-790-14, FV-03-1162-14, AND FV-03-1154-14, on 2/18/2014 and 2/19/2014, where the court in some cases adjudicated the matters ex-parte, as a result of prohibiting one litigant from appearing at all, via court orders of 2/6/2014, and 2/19/2014.THE AFOREMENTIONED BASIS IN FACTS AND EVIDENCE (AND THE OTHER EVIDENCE I HAVE SENT TO THE COURT PREVIOUSLY) REPRESENTS: CLEAR AND CONVINCING EVIDENCE THAT THIS COURT HAS PARTICIPATED IN IUNLAWFUL ACTS, THAT ARE REPUGNANT TO THE CONSTITUTION OF THIS STATE, AND AS A RESULT AFFORDS THE COURT NO OFFICE, TO ISSUE FINAL ORDERS IN ANY OF THESE MATTERS BY OPERATION OF THE COMMON-LAW.
      2. LEGAL FOUNDATIONS SUPPORTING THIS DEMAND AND/OR LEGAL ARGUMENT INCLUDE: “LAW OF THE VOIDS” AND/OR “DOCTRINE OF RECIPROCALS”
        1. Vallely v. Northern Fire & Marine Ins. Co.,254 U.S. 348, 41 S.Ct. 116 (1920)

        Excerpts from “The Valley Supreme Court:

        Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal.”

        1. Boyd v. United 116 U.S. 616 : Justice Bradley said: It is the duty of the courts to be watchful for the Constitutional Rights of the Citizens…”
        2. Gomillion v. Lightfoot 364 U.S. 155:Constitutional Rights would be of little value if they could be indirectly denied.”
        3. Norton v. Shelby County 118 U.S. 425:An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.
        4. In Marbury v. Madison, U.S. Supreme Court: Chief Justice John Marshall stated:“the very purpose of the written constitution is to ensure that the government officials, including Judges, do not depart from the documents fundamental principles”.
        5. RE: THE DOCTRINE OF RECIPROCALS: This Court has attempted to order Mr. Syphrett to pay child support for children that the State placed in the Physical & Legal Custody of Margaret J. Wallace, THIS VIOLATES “THE DOCTRINE OF RECIPROCALS”, AND EXCLUSIVE OF THE VIOLATIONS OF MR. SYPHRETT’S RIGHTS AT TRIAL, THIS COURT HAS FURTHER COMPOUNDED ITS ERRORS BY ASSERTING THAT MR. SYPHRETT IS OBLIGATED TO PAY CHILD-SUPPORT FOR CHILDREN THAT THE COURT HAS PUTATIVELY ASSERTED ARE NOT HIS CHILDREN UNDER-THE-LAW, OR WITHIN THE PHYSICAL / NATURAL WORLD. FURTHER:FURTHER: THIS UNIFIED COURT HAS ASSERTED THAT MR. SYPHRETT IS OBLIGATED TO SUPPORT THE SAME CHILDREN THAT THE COURT ASSERTS ARE NO LONGER HIS TO RAISE, REAR, OR PARENT IN THE MANNER HE SEES FIT AS A PARENT.

          FURTHER:

          Mr. Syphrett Cited “RE: The Matter of Baby “M”” during the trial proceedins in FM-03-790-14, for judicial notice. He explicitly demanded the court to acknowledge that it would be waiving the right to set an so-called “child-support” obligation if the court prohibited Mr. Syphrett from having legal and physical custody of his children. The court was effectively executing a quasi-adoption, and as such Mr. Syphrett would have no obligation to pay “support” to any party.

AS SUCH: THIS UNIFIED COURT IS WITHOUT ANY LAWFUL RIGHT TO DEMAND OR PURPORT THAT MR. SYPHRETT HAS ANY “SUPPORT” OBLIGATION TO MS. WALLACE, OR THE CHILDREN, AS IT VIOLATES THE DOCTRIN OF RECIPROCALS

I DEMAND THIS COURT ENFORCE MY LEGAL RIGHTS IN ALL OF MY AFOREMENTIONED CAPACITIES, OR ACCEPT LIABILITY FOR ITS FAILURE TO DO SO, AND THAT ALL COURT OFFICERS WHO HAVE FAILED TO ENFORCE MY CONSTITUTIONAL RIGHTS EITHER TAKE IMMEDIATE REMEDIAL ACTION, OR ALSO AVAIL THEMSELVES TO PROSECUTION IN THE APPROPRIATE COURTS OF LAW.

 

 

I DEMAND A WRITTEN RESPONSE, INCLUSIVE OF WAIVORS OF JUDICIAL IMMUNITY FOR THOSE OFFICERS WHO VOLUNTARILY VIOLATED MY CONSTITUTIONAL RIGHTS IN ANY OF THE AFOREMENTIONED CASES, FAILURE TO PROVIDE SUCH WAIVOR, WILL BE DEEMED AS A THREAT AGAINST MY PERSON, AND PROOF, THAT SUCH OFFICERS INTEND TO FURTHE HARM ME AT A FUTURE DATE

 

 

I DEMAND THIS COURT PROVIDE ME THE NAME AND ALL OTHER APPROPRIATE INFORMATION PURSUANT THE ADA WITH REGARD TO THE PERSON RESPONSIBILE FOR ADMINISTERING THE “AMERICAN’S WITH DISABILITIES ACT” AT THE HUGHES JUSTICE COMPLEX, THE SUPREME COURT OF NEW JERSEY, WITHIN THE APPELLATE DIVISION, AND WITHIN THE ADMINISTRATIVE OFFICE OF THE COURTS. I DEMAND THIS INFORMATION AS A PERMANENTLY DISABLED PERSON, PURSUANT THE RECORDS CONFIRMING THE SAME PREVIOUSLY SENT TO THE UNIFIED COURTS OF NEW JERSEY.

 

I DEMAND PROBATION CEASE / STAY ANY ENFORCEMENT OF MY SO-CALLED “CHILD SUPPORT” COURT ORDERS UNTIL SUCH TIME THAT THE PROBATION DEPARTMENT AND THE COURT PROVIDE ME A FOUNDATION IN THE LAW FOR THE SAME, THAT IS NOT CLEARLY THE RESULT OF NULL & VOID COURT ORDERS, WHICH WERE NULL & VOID AB INITIO (for the reasons cited herein, and for the reasons previously submitted to the Court and/or probation in writing).

I RESERVE THE RIGHT TO FURTHER PROSECUTE THIS MATTER AND ALL RELATED PERSONS, IN THE EVENT THAT MY GRIEVANCES ARE NOT FULLY ADDRESSED BY THE ADDRESSED PERSONS AND GOVERNMENTAL BODIES.

I DEMAND RESTORATION OF MY PARENTAL RIGHTS, MY CUSTODY RIGHTS, AND MY LEGAL RIGHTS WITH REGARD TO MY CHILDREN BENJAMIN AND VANESSA SYPHRETT. I DEMAND THIS SUA SPONTE, AND IMMEDIATELY

  1. BASIS IN FACT INCLUDES BUT IS NOT LIMITED TO THE FACT THAT THE TRIAL JUDGE ORDERED A CHANGE OF CUSTODY BASED ON FACTS, EVIDENCE, AND TESTIMONY NEVER PUT PROPERLY BEFORE THE COURT (1. Therapists in Connecticut, who did not appear in court, submit reports, or affadavits AND 2. witnesses whom the court did not allow the Defendant to Cross-Examine, the Defendant’s wife! AND 3. Witnesses the court refused to allow the Defendant to produce, his children!)
  2. BASIS IN FACTS AND THE LAW:
    1. THE DEFENDANT WAS NEVER PROVEN TO BE AN UNFIT PERSON TO A CLEAR AND CONVINCING STANDARD OF EVIDENCE. THE DEFENDANT WAS DENIED DUE-PROCESS AT TRIAL.
    2. THE DEFENDANT WAS DENIED THE RIGHT TO APPEAR AT HIS OWN TRIAL, AS WAS HIS ATTORNEY, AND HIS WITNESS-OF-FACT. THIS IS EXTRINSIC FRAUD! (See the current edition of Black’s Law Dictionary for “Extrinsic Fraud”)

 

 

iii. AS A PRESUMED FIT PARENT, WITH ONLY POSITIVE PARENTING TIME SUPERVISOR REPORTS THE DEFENDANT IS ENTITLED TO RELIEF PURSUANT:

 

 

–  In Parham v. J.R. et al 442 U.S. 584 (1979) in toto, inclusive of cited cases, and specifically with regard to its findings that:

The Supreme Court declared the ‘best interest of the child’ resides in the fit parent – not in the state: “Our constitutional system long ago rejected any notion that a child is a “the mere creature of the State” and, on the contrary, asserted that parents generally “have the right, coupled with the high duty, to recognize and prepare [their children] for additional obligations.”

– Santosky v. Kramer 455 U.S. 745 (1982) in toto and specifically with regard to its legal findings that:

To deny a parental right requires constitutional due process that proves he’s either unfit or a clear danger to his children – proven with ‘clear and convincing’ evidence. As such, Santosky v. Kramer 455 U.S. 745 (1982) emphasized to restrict a fundamental right of a parent to any extent, requires a showing of clear and convincing evidence that serious harm will come to the child.

 

I ADVISE THAT: I WILL ONLY CONSENT TO THE PERMENANT SEALING OF MY FILES IN THE EVENT:THAT MY CUSTODY IS RESTORED AND THIS COURT WAIVE ALL FUTURE JURISDICTION OR RIGHTS TO INTERFERE IN THE RIGHTS OF MY PARENTAL RIGHTS SO LONG AS MY CHILDREN REMAIN CITIZENS OF A FOREIGN STATE

King Crown

CONCLUSION:

YOU WILL OBEY THE SOVEREIGN AUTHORITY /PARTY,

MEANING: ME (in parte / in toto)

 

I DEMAND THAT THIS PETITION BE CONSTRUED LIBERALLY PURSUANT BINDING OPERATION OF THE COMMON-LAW, AS CITED IN HAINES V. KERNER, UNITED STATES SUPREME COURT (1972), AND ITS BINDNG PROGENCY WITHIN THIS JURISDICTION.

FURTHER: I submit that to the extent that this document IN FACT DOES NOT ADDRESS ALL OF MY LONG-DATED CONCERNS PREVIOUSLY PUT BEFORE THIS BODY, I RESERVE AND DEMAND THE RIGHT TO BE FULLY HEARD, PLENARY PROCEEDINGS, AND ORAL ARGUMENTS… BECAUSE THIS COURT WILL NOT PROPOUND A SILENT INJUSTICE UPON ONE OF ITS CITIZENS. AS SUCH I REMIND THIS COURT THAT AS A CITIZEN I AM IN FACT A MEMBER OF THE BODY THAT POCESSES THE SOVEREIGN-AUTHORITYOF THIS COURT,

I AM IN FACT AND LAW: A CONSTITUTIONAL CREATION MYSELF AS A “CITIZEN”.

 

VERY TRULY:

Derek C. Syphrett, Esq.

Attorney-in-Fact

Citizen of New Jersey

Citizen of the United States of America

Permanently Disabled Person, pursuant the ADA

Witnesss-of-Fact

Real-Party-of-Interest

The Sovereign-Power, in parte / in toto, in iure civili, et in carne

Naturalis Homo in Carne

Legally Competent Person, Pursuant:the findings and Precedential Law in Kyle v. Verona Green Acres, and its progency in New Jersey Courts

The Putative Pro Se


 

 

Serfs Dont fight back

SEE THE TRANSCRIPTS OF JUDGE PEDRO JIMENEZ

ACTING AS JUDGE, WITNESS-OF-FACT, PROSECUTOR,

IN JUST ONE EPISODE OF THIS UNMITIGATED DISASTER

HERE

THIS WAS AN UNLAWFUL KIDNAPPING OF AN ATTORNEY,

APPEARING IN COURT IN THE INTEREST OF JUSTICE!

JUDGE PEDRO JIMENEZ ACTED BEYOND ALL AUTHORITY AND MAY NOW BE

ARRESTED AND PROSECUTED CIVILLY AND CRIMINALLY FOR THIS!


 

 

 

cropped-gadsen-flag1.jpg

(Gadsen Flag Circa 1775)

THE ABOVE PROVIDED TO:

 

REMIND NEW JERSEY PUBLIC OFFICIALS THAT:

SOME OF US HAVE NOT FORGOTTEN THE REASONS

THIS STATE IS “SELF-GOVERNED”

Father’s Rights & Constitution Trampled by NJ Courts in 2011

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FCLUlogoB2

Tyrannical New Jersey Family Court Judge Terrorizes Good Father

Posted by Bruce Eden President FCLU.org

… the wife, an Austrian national, came to the US, got her college degree and CPA license. Almost immediately his wife filed a domestic violence restraining order claiming he harassed and threatened her. A copy of her personal diary in July of 2009 shows that she was “going to so f–cking divorce him, that she was going to so f–cking make him suffer for the rest of his life”.

 

Immediately after filing the restraining order, the children would not go home to the mother and went back to the father. The mother followed them to the father, breaking her own restraining order. Thewife confronted the father’s 73-year old mother and told his motherif she goes near the children again she (wife) would kill her. The children’s grandmother filed for a restraining order against the wife. That’s when the wife began “piling on” the charges against the father. That’s also about the same time the wife was given an attorney by the NJ Battered Womens Services, who the wife went to see for aid and assistance. However, this attorney, Christian Van Pelt, of Cedar Knolls, was ineligible to practice law at the time, because he failed to pay his annual fee for the NJ Clients Protection Trust Fund. Every paper filed by her lawyer was done while the lawyer was practicing law without a license. No matter.

 

The wife stalked the father in June 2011 because the children went back to the father’s place. When the father put the children in the car to take them back to the mother, the mother hiding her car behind some large bushes pulled out in front of the father’s car at the bottom of the driveway. The father jammed on his brakes and slid into her car. She then charged him with violating a restraining order even though she was stalking the father, and then charged him with assault by auto.

 

When the father attempted to file for a restraining order against the wife, he went before the same New Jersey domestic violence judge, Thomas Critchley, JSC that granted the wife’s restraining orders and subsequent FRO violations. It goes without saying that Morris County, NJ Judge Critchley was biased against the father and dismissed the father’s domestic violence complaint.

 

The mother grabbed the children and then began moving into the battered women’s shelters and received taxpayer-funded food stamps, stipends, cash, and even housing. Yet, the father cannot get a restraining order against the mother with valid proof. This is taxpayer fraud where battered women’s services abuse the funding to damage and destroy families, and men cannot get one dime of funding for battered men’s services through government funding. This constitutes a major civil rights violation in New Jersey and the rest of the United States.

 

The mother filed multiple violations of restraining orders against the father, keeping the children away from the father. The children e-mailed, texted and called the father’s sister and paternal grandmother telling them what shelter they were in, that they weren’t being fed properly, and that they were not going to school. The paternal grandmother would bring food and cellphones to the children because the mother kept taking them away from the children.

 

Finally the mother alleged that the father had appeared at a shelter and filed for contempt of the restraining order.The wife’s lawyer filed orders to show cause to cut the father completely off from the children, and jail him indefinitely while the wife would be granted her divorce by default and gain sole custody of the children with no visitation. The father got wind of this and filed a Federal Notice of Removal and Petition on September 2, 2011.

 

He filed the Federal Removal action to remove the entire state case into Federal Court in the morning of the 2nd and deprive the state of further jurisdiction of the cases. Judge Critchley and the matrimonial judge, Catherine Enright, JSC ignored the Federal removal petition, even though they acknowledged its existence in transcripts and in orders. Once the Removal occurred the state court judges were without jurisdiction to proceed.

 

But proceed they did. They deprived the father of his children. Judge Critchley also put out a fraudulent civil Arrest Warrant for Peter Bresko, who was arrested 4 days later–4 days after the state case had been removed to Federal Court, depriving the state court judges of all jurisdiction. However, Judge Critchley has jailed Bresko on a civil contempt and told Bresko that he would be released when the judge felt like it. The judge told Bresko he was going to allow the mother to leave the state with the children and set up residence in a New England state, where they have a corresponding battered womens shelter. Judge Critchley has called Bresko into court from jail several times demanding all kinds of compliance from Bresko that Bresko cannot comply with while in jail. Critchley has ordered, though not in writing, that he wants Bresko psychiatrically evaluated. He told Bresko to tell him who helped him write legal papers since Bresko is representing himself, after Critchley threatened his former attorney. He wants Bresko to turn over the diary implicating the wife. The diary is evidence of mitigating circumstances that would exonerate Bresko of the bogus domestic violence charges. Bresko has been asserting his Fifth Amendment Rights as explained in Miranda v. Arizona where he can assert those rights even in civil proceedings. He has told Judge Critchley he has no authority and must release him because the Federal Removal occurred prior to the Arrest Warrant issuance and Bresko’s arrest 4 days later.

 

Judge Critchley is a judge out of control and dangerous to society. He was a former domestic violence prosecutor that is now a domestic violence judge. He has become an ideologue for the radical domestic violence coalitions, which constitutes a conflict of interest since he was promoted because of his assistance to the battered womens services of NJ. Judge Critchley has even filed his own Order to Show Cause against Bresko, stepping down off the bench and becoming Bresko’s adversary and prosecutor. Judges cannot be a judge and prosecutor in a case. It is a serious judicial misconduct violation. But Critchley believes he is above the law and continues to hold Bresko in jail for almost 40 days without Due Process or right to be released on bail.

 

Bresko’s sister hired an attorney to get him out on the criminal issues, and that attorney is too intimidated by the judge. A new, young attorney was just hired and Critchley threatened to throw that attorney in jail for contempt for defending Bresko vigorously. Judge Critchley is a rogue judge that must be removed from the bench, have his state judicial pension revoked, and be subjected to psychiatric treatment. Anyone who can, they need to call the New Jersey Governor’s Office and also Judge Critchley’s chambers in Morris County Courthouse, Morristown, New Jersey to demand that this fascist judge immediately release Bresko and demand Critchley resign afterwards.

ALLEGED CRIMES OF: Judge Ronald E. Bookbinder & Judge Mary C. Jacobson

Quote

judgeinjailforgamblingfeb12

Introduction to Alleged Crimes:

Below are emails I sent to Mercer County Prosecutors Office and Burlington County Prosecutor’s Offices along with the evidence included in the links below.

I doubt the Prosecutors will prosecute these cases because they are likely fearful of retaliation from the judges’ and the judges’ political allies.

For that reason I have posted this information in public view so that the public can become aware of the unethical self-dealing within the judiciary.

New Jersey Courts are lawless and the judges do not hold themselves accountable to the United States Constitution or their Judicial Oaths (Judicial Canons).

Below I’ve included a summary and actual emails that I sent to the local prosecutor offices, to supplement my complaint to the FBI and Supreme Court of New Jersey.

=====================================

Quick Take Summary of Alleged Crimes

=====================================

gavel2

1) Judge Bookbinder issued court orders that violated the United States Constitution in order to obstruct or deny me access to the court. He literally prohibited me from appearing at my own trials to face the accusers in both a criminal case and my divorce… OUTRAGEOUS!

2) Judge Bookbinder consulted / conspired with Judge Jacobson as denoted in hearing transcripts of State v. Syphrett on 12/24/2013 and 1/6/2014.

In other Words:

He consulted with a witness in a criminal case via ex-parte communications and he refused to reveal the nature of these communications. This led to my allegations of Official Misconduct and Witness Tampering.

RESULTING ALLEGED CRIMES:

2C: 30-2 – Official Misconduct in the third degree 12/24/2013, 1/6/2014, 3/24/2014, 2/6/2014, 2/19/2014, 3/10/2014

2C: 30-6 – A pattern of Official Misconduct in the third degree 12/24/2013, 1/6/2014, 3/24/2014, 2/6/2014, 2/19/2014, 3/10/2014, AND UNKOWN DATES WHERE EX-PARTE ORDERS FOR ESCORT AND RESTRAINTS OF MY ACCESS TO OMBUDSMAN WERE ISSUED VERBALLY OR VIA EMAIL.

2C: 28-5 – Witness Tampering in the third degree on 12/24/2013, 1/6/2014, and about 3/24/2014

=======================================

ACTUAL EMAILS DETAILING CONCERNS & ALLEGED CRIMES 6/27/2014

=======================================

Subject: Formal REQUEST FOR CRIMINAL INVESTIGATION: Specific Charges

Date: Fri, 27 Jun 2014 16:48:24 -0400
From: Derek Syphrett <dsyphrett@gmail.com>
To: prosecutor@co.burlington.nj.us, rbernardi@co.burlington.nj.us, “glenn.grant@judiciary.state.nj.us” <glenn.grant@judiciary.state.nj.us>, ronald.bookbinder@judiciary.state.nj.us, sharyn.sherman@judiciary.state.nj.us, jeanne.covert@judiciary.state.nj.us, jbocchini@mercercounty.org, mnardelli@mercercounty.org, John Call <John.Call@judiciary.state.nj.us>, Divorce – John Rooney <john@rooneyphillylawyer.com>

The record of State v. Syphrett will show that on 12/24/2013 and 1/6/2014 both Judge Covert and Judge Bookbinder referenced Judge Bookbinder’s ex-parte consultation with Mary C. Jacobson a presumed witness in State v. Syphrett.

I have audio transcripts of both of these hearings.

 

ALLEGED WITNESS TAMPERING:

Further on about 3/24/2014 Judge Bookbinder insisted he might continue to consult Mary C. Jacobson despite my lawyer and my objection to the same during a status conference call held on about that date.

SEE PROOF THAT JUDGE JACOBSON WAS A WITNESS IN STATE V. SYPHRETT HERE:

2014-08-18 – SHERIFFS INVESTIGATIVE REPORT – Redacted

 

ALLEGED OFFICIAL MISCONDUCT:

Further with regard to Judge Bookbinder’s void court orders of 2/6/2014, 2/19/2014, and 3/10/2014 I believe official Misconduct occurred as those court orders actually prohibited me from appearing in court for my own trials as a self-represented litigant and a real party of interest. Further Judge Bookbinder issued other court orders restraining me from meeting with the Ombudsman and with regard to having me harrassed by sheriff’s escorts via sua sponte orders off the record, which were only put on the record when I discovered such orders had been issued via conversations with Chip Thompson and Sgt. Potts.

SEE ATTACHED VOID COURT ORDERS HERE:

VOID COURT ORDERS BOOKBINDER

  • These Court Orders Violate the U.S. Constitution in numerous ways, including prohibiting a Defendant from appearing in court at his own trials!
  • These Court orders are also contrary to the U.S. Supreme Court ruling in Haines v. Kerner which allow for self-represented litigants to operate contrary to court rules.

I believe criminal charges under the following N.J. Statutes can and should be investigated and pursued in the interest of justice, especially considering the gravity of the allegations and the issues being related to public officials and the public interest in a lawful judiciary and the rule of law:

Alleged Criminal Charges:

2C: 30-2 – Official Misconduct in the third degree 12/24/2013, 1/6/2014, 3/24/2014, 2/6/2014, 2/19/2014, 3/10/2014

2C: 30-6 – A pattern of Official Misconduct in the third degree 12/24/2013, 1/6/2014, 3/24/2014, 2/6/2014, 2/19/2014, 3/10/2014, AND UNKOWN DATES WHERE EX-PARTE ORDERS FOR ESCORT AND RESTRAINTS OF MY ACCESS TO OMBUDSMAN WERE ISSUED VERBALLY OR VIA EMAIL.

2C: 28-5 – Witness Tampering in the third degree on 12/24/2013, 1/6/2014, and about 3/24/2014

=======================================

EMAIL TO BURLINGTON COUNTY PROSECUTORS OFFICE:

=======================================

On 6/27/2014 4:19 PM, Derek Syphrett wrote:
Burlington County Prosecutor’s Office / Robert Bernardi:

Please accept this email as a formal request for investigation of Judge Ronald E. Bookbinder with regard to his role in State v. Syphrett. He admitted to consulting a witness in State v. Syphrett (see attached investigative report) with regard to the handling of State v. Syphrett.

Such actions by Judge Bookbinder appear to be contrary to the Supreme Court Precedent set in the Matter of Stephen Perskie (a former superior court judge), they were also definitely violations of the Judicial Canons.

Please note I had requested Judge Bookbinder to avoid embarassing the court and to uphold the integrity of the court by transferring my legal matters from his court, however, he chose of his own free-will to continue engaging in activities that demeaned the integrity of the court and appear to be contrary to the pillars of our justice system. Sometimes people just can’t handle the privilege and power that comes with their jobs, sadly I believe this is such a case.

SEE BOTH THE ATTACHED INVESTIGATIVE REPORT AND THE INLINE ATTACHMENT BELOW DETAILING MY CONCERNS AND EVIDENCE:

REPORT SHOWING JUDGE JACOBSON WAS A WITNESS IN THE CRIMINAL INVESTIGATION: 2014-08-18 – SHERIFFS INVESTIGATIVE REPORT – Redacted

 

INLINE ATTACHMENT BELOW:
> Hi Kathleen,
>
> (To: Judge Grant & Joanne Dietrich please forward this email and my statements below as a verified complaint to the ACJC – I expect action with regard to paragraphs 3 & 4).
>
> 1. Your response to my O.P.R.A. request did not include a couple emails (listed below as inline attachments) can you explain this discrepancy.
>
> 2. My recollection is that both my lawyer and Michael Nardelli (who is btw a great guy, despite being a Dolphins fan… Go Patriots!) were thoroughly confused and irritated by Judge Bookbinder’s refusal to handle the case in a coherent manner and the following email exchange occurred:
>
> 3. My recollection is that the email exchange (ATTACHED BELOW) occurred after a fairly lengthy status hearing with Judge Bookbinder where both my lawyer and I asked him to transfer the case given JUDGE BOOKBINDER’S consultation with Mary C. Jacobson (a witness in the underlying criminal investigation for State v. Syphrett) about State v. Syphrett and the associated bail conditions and restraints.
>
> 4. The concerns my lawyer and I had related to the fact that Judge Bookbinder apparently violated of Judicial Canon 2 an 3 (ex-parte communication and bestowing and creating the appearance of special influence). It also may have been witness tampering (a felony). Additionally my lawyer and I felt that Judge Bookbinder’s civil restraints violated the United States Constitution and the Judicial Canons.

Subject: Re: Order
Date: Mon, 24 Mar 2014 15:08:27 -0400
From: John F. Rooney, V <john@rooneyphillylawyer.com>
To: Nardelli, Michael <mnardelli@mercercounty.org>, Derek Syph <dsyphrett@gmail.com>

Mike:

 

I can’t consent to the form, or anything, regarding the case remaining in Burlington County. That being said, you can send it to Judge Bookbinder as it is written, and if Judge Bookbinder sees fit, he can sign it, but i cannot consent to it. Thank you for your understanding.

 

 

John
On Thu, Mar 20, 2014 at 9:10 AM, Nardelli, Michael <mnardelli@mercercounty.org> wrote:

I used “primary witness”. Let me know if this looks ok.

 

From: johnfrooneyesq@gmail.com [mailto:johnfrooneyesq@gmail.com] On Behalf Of John F. Rooney, V
Sent: Wednesday, March 19, 2014 4:58 PM
To: Nardelli, Michael
Subject: Re: Order

 

sorry to be a pain in the ass. Can we change “victim” to complaining witness?

 

John

 

On Wed, Mar 19, 2014 at 4:08 PM, Nardelli, Michael <mnardelli@mercercounty.org> wrote:

I removed “entry”.

 

From: John F. Rooney [mailto:john@rooneyphillylawyer.com]
Sent: Wednesday, March 19, 2014 3:51 PM
To: Nardelli, Michael
Subject: Re: Order

 

not sure. I would just ask that you take out that I consent to the “entry” of the order. I am ok with the “form” of the Order, not its content, or entry. Thanks.

 

John

 

On Wed, Mar 19, 2014 at 2:48 PM, Nardelli, Michael <mnardelli@mercercounty.org> wrote:

I have no idea if this is even remotely close to what he wants.

 

Michael A. Nardelli

Assistant Prosecutor

Mercer County Prosecutor’s Office

209 South Broad St.

PO Box 8068

Trenton, NJ 08650

609-989-6360

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Kidnapping of Derek Syphrett & Mercer County Cover-up

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Introduction to Story:

  • I was kidnapped by Mercer County Sheriff’s Office on 8/19/2013.
  • The Sheriff’s Office purported my kidnapping to be an “arrest” BUT:
  • There was No Warrant, No Probable Cause, No Criminal Charges
  • When I requested Records and an explanation of my arrest, the Sheriff’s Office Denied they had arrested me.
  • Ultimately I spent 4 Months in Jail or Hospital and never had a trial
  • When I was released the Sheriff’s Office Sent a Response to an O.P.R.A. request and THEY SAY  HAVE NO RECORD OF MY “ARREST”… OF COURSE NOT, BECAUSE IT WAS A KIDNAPPING.
  • Ironically Below are links to the Official response from Mercer County’s lawyers stating that they have NO ARREST RECORD. The next link is MY COPY OF A MERCER COUNTY ARREST RECORD FOR 8/19/2013!

Below I have included  the back story including a story of apparent retaliation by a apparently vindictive Family Court Judge (Judge Catherine Fitzpatrick) and all the the facts supporting this claim.

BELOW THE LINKS TO SOURCE DOCUMENTS ARE INCLUDED AND LINKS TO DOCUMENTS THAT SHOW MERCER COUNTY IS COVERING UP AND REFUSING TO RESPOND TO O.P.R.A. REQUESTS.

This post has been published simply to provide proofs of my story to inform the public about the Corruption in Mercer County New Jersey and the ongoing cover-up related to my kidnapping by Mercer County Sheriff’s Officers.

===================================================

Quick Summary – The Punchline:

===================================================

Summary

===================================================

I was arrested 8/18/2013 on a lawfully issued warrant.

The charges for the 8/18/2013 arrest were apparently fabricated by my divorce judge Catherine M. Fitzpatrick, THESE ORIGINAL CHARGES WERE DISMISSED 8 MONTHS LATER (SEE DISMISSAL BELOW).

DOCUMENT & PROOF : COURT ORDER DISMISSED CRIMINAL CASE (2014-04-17)

(The case was, oddly, dismissed on Prosecutor’s ex-parte motion, they never notified me – the opposing counsel – of the motion as required by law. If they had I’d have countered insisting a trial be heard due to the underlying fraudulent charges)

I posted bail 8/18/2013 and was released from jail

I went to my family court hearing on 8/19/2013 – somehow I was PURPORTEDLY placed under arrest again… EXCEPT THERE WAS:

  • NO WARRANT;
  • NO PROBABLE CAUSE;
  • NO CHARGES WERE EVER FILED;
  • NO LEGAL BASIS JUSTIFY THIS 8/19/2013 “PURPORTED ARREST”.

PROOF OF PURPORTED ARREST:

DOCUMENT:  Prisoner Receipts and Bail Recognizance – 8/19/2013

Cover-up Begins: SHERIFF’S OFFICE LATER DENIES ANY PURPORTED ARREST 8/19/2013.

NOW SEE THE LETTER FROM SHERIFF’S OFFICE  WHICH SHOCKINGLY STATES THERE IS “NO ARREST RECORD”

SEE THE ACTUAL LETTER (AN O.P.R.A. RESPONSE) VIA THE LINK BELOW:

DOCUMENT: 2014-06-12 – Mercer County OPRA Response

SO THEN ABSENT AN ARREST RECORD:

  1. THIS WAS NOTHING LESS THAN A KIDNAPPING UNDER FALSE PRETENSES
  2. WHAT I’VE JUST DESCRIBED IS A CRIME

=============================================

THE SET-UP:

=============================================

 Take 1

=============================================

There is a long back-story about a family court Judge Catherine Fitzpatrick, who tried to violate my constitutional rights and retaliate against me for exposing her for unlawful acts in my divorce…. For now I’ll spare you those details.

What is important to tell you and show you is the fact that Judge Catherine Fitzpatrick apparently fabricated criminal charges against me on 8/14/2013. These Charges were later Dismissed pre-trial for reasons never fully explained by the Mercer County Prosecutor Joseph Bocchini.

SO WITHOUT FURTHER DELAY – HERE IS THE SET-UP:

Judge Catherine Fitzpatrick made allegations / criminal complaint against me on 8/14/2013.

She sat on the bench in my divorce and another matter on 8/16/2013 without me present, but with my court appointed lawyer Stuart Weiner present for my divorce trial. Judge Fitzpatrick never disclosed her conflict of interest (the criminal complaint against me) then she apparently retaliated against me and attempted to issue an order for default in my divorce on 8/16/2013.

  • FYI: THIS ORDER FOR DEFAULT WAS NEVER ENFORCED, THE JUDGE WAS RECUSED AND THE ORDER WAS TREATED AS VOID BY JUDGE TOMASELLO.

She ordered I appear in court on 8/19/2013 for a default hearing. This was all very illegal, because there was reason given for the default hearing.

8/18/2013 I was arrested at my home on what appeared to be a lawfully issued warrant for albeit a FRAUDULENT CRIMINAL COMPLAINT BY JUDGE CATHERINE M. FITZPATRICK. The warrant was issued by a friend and colleague of Judge Fitzpatrick, Judge Pedro Jimenez. 

The warrant was very odd. My bail was set 150% higher than the state maximum for a third degree terroristic threat.

My bail was set all cash for a third degree charge, even though it is highly unusual and against state practice to have an “ALL CASH BAIL” for a third degree charge.

RegardlesS I POSTED BAIL 8/18/2013

RELEASED FROM JAIL AFTER LAWFULLY POSTING BAIL ON 8/18/2013.

…. LITTLE DID I REALIZE I WOULD BE KIDNAPPED THE NEXT DAY!!!


I ARRIVED AT THE FAMILY COURT ON 8/19/2013 WITH MY FRIEND

IMMEDIATELY WE REALIZED SOMETHING WAS STRANGE WHEN MY RELATIVES AND FRIENDS ON THE 4TH FLOOR TOLD US:

My wife and her lawyer were not even in court! I found out later this was because Judge Fitzpatrick’s chambers  told THEM (only) not to appear on 8/19/2013. The judge unethically had ex-parte communications (one-party discussions about the case).

WHEN I ARREIVED AT THE COURT ON 8/19/2013:

I was told I was under arrest by sheriff’s officers.

I ASKED THEM WHY I WAS UNDER ARREST – THEY SAID:

“WE’LL TELL YOU LATER”…. THEY NEVER DID.

… EVER SINCE MERCER COUNTY SHERIFF’S OFFICE (SHERIFF JACK KEMLER, UNDER-SHERIFF PEDRO MEDINA, AND THEIR MERCER COUNTY OFFICE OF COUNSEL HAVE ATTEMPTED TO OBSTRUCT MY ATTEMPTS TO GET AN EXPLANTION – SEE DOCUMENTS BELOW.

After I was kidnapped by Sheriff’s Officers 8/19/2013. I was handcuffed processed and then sent across town to the criminal courthouse for a first appearance for the 8/18/2013 criminal charges…. this was unlawful as well… because the 8/18/2013 warrant stated that my first appearance was scheduled for 8/20/2013 NOT 8/19/2013… In otherwords I had no legal notice for this “first appearance” / arraignment hearing and no opportunity to have a lawyer

JUDGE PEDRO JIMENEZ – a friend of Judge Fitzpatrick’s presided over my arraignment and immediately amended my arrest warrant without explaining why he was amending it. He presided over the case as a conflicted Judge… 3 months later he was recused from the case after I wrote a letter to the Administrative director of the courts and the Federal Civil Rights Office (DOJ).

During the first appearance hearing Judge Jimenez acted unlawfully and amended my warrant to require me to be sent back to jail, despite the fact the prosecutors office wasn’t present in court. Judge Jimenez acted as the prosecutor and acted without any new evidence being put before the court.

Note: I had posted bail lawfully on 8/18/2013… so there was no justification for amending my bail on 8/19/2013, since I hadn’t violated my bail conditions or committed any new crime!!!  Before I could even speak my warrant was “amended” sua sponte on the courts own motion, without any justification given until after I objected. Even then the justification for amending my bail was simply my behavior in court! THAT MAKES NO SENSE… BECAUSE THE AMENDMENT WAS MADE BEFORE I COULD ADDRESS THE COURT – MY BEHAVIOR COULD NOT HAVE BEEN THE REASON FOR AMENDING THE BAIL CONDITIONS.

SEE TRANSCRIPTS HERE:

TRANSCRIPTS OF UNLAWFUL ARRAIGNMENT 2013-08-19 Case #13-2502

JUDGE JIMENEZ VIOLATED HIS OATH AND APPEARS TO HAVE COMMITTED A CRIME BY DENYING ME MY LIBERTY WITHOUT DUE-PROCESS UNDER THE LAW

 

=============================================

THE FULL STORY & THE EVIDENCE

CLICK THE  UNDERLINED DOCUMENTS IN THIS SECTION

TO SEE SOURCE DOCUMENTS

=============================================

Magnify Glass FACTS

=============================================

(I am only disclosing what I’ve shared with Mercer County I have more evidence than this).

 .

DOCUMENT: 2014-08-18 ARREST WARRANT (REDACTED) ISSUED BY JUDGE PEDRO JIMENEZ

This warrant stated that my first appearance in CRIMINAL COURT would be 8/20/2013… As you’ll see I never had an 8/20/2013 first appearance, instead I was kidnapped by Sheriff’s Officers and denied access to the phone or my lawyer before I was put in front of a criminal court judge on 8/19/2013, without legal notice, or opportunity to have my lawyer present… THIS WAS ILLEGAL.

I lawfully posted a $50,000 ALL CASH  bail on 8/18/2013.

Here is my Bail Recognizance Receipt – Showing I lawfully posted bail on 8/18/2013. See that evidence here:

DOCUMENT: 2013-08-18 Bail Recognizance Receipt

8/19/2013 I was ordered to appear in court before Judge Catherine Fitzpatrick. See that court order below.

DOCUMENT: 2013-08-16 – FM-97-11K – ORDER – Default Orders

  • NOTE: To be clear the appearance before Judge Fitzpatrick was for a Ridiculous Domestic Violence charge by my wife, IT WAS IN NO WAY RELATED TO THE CRIMINAL CHARGES OR MY ARREST ON 8/18/2013.
  • NOTE: The Domestic Violence case was also a creation of Judge Fitzpatrick and her cronies at court. The case was based on a ridiculous charge by my Wife Margaret Wallace who claimed she was put in fear for her wellbeing because she received that said “Yay I got my Tral Adjourned”. My wife ginned up the charge and it was always ridiculous. Judge Fitzpatrick let the DV charges linger for over 245 days without giving me a hearing. The copies of the text message my wife used for this complaint were covered in white-out – she even whited out the message that said “Happy Birthday Truly” on 12/1/2012…  4 days later my wife claimed i was a domestic violence batterer… I realize now what an idiot I was for even trying to be nice to my wife.
    NOTE: The Domestic Violence Charges against me were later dismissed by a different trial judge who said “THIS RESTRAINING ORDER SHOULD HAVE NEVER BEEN ISSUED”.

Proof I was arrested on 8/19/2013 – See the prisoner receipt that indicates I was arrested around 1:35pm on 8/19/2013. See Prisoner Receipt here:

DOCUMENT:  Prisoner Receipts and Bail Recognizance – 8/19/2013
SO CLEARLY I WAS “ARRESTED” RIGHT???

WELL NOT ACCORDING TO THE MERCER COUNTY SHERIFF’S OFFICE.

SEE THE COUNTY’S OFFICIAL RESPONSE – NO RECORD OF MY ARREST:

DOCUMENT: 2014-06-12 – Mercer County OPRA Response

At this point Mercer County Sheriff’s Office is stuck in a legal quagmire that they created themselves by unlawfully arresting me without a warrant, probable cause, or any criminal charges.

In N.J. a suspect has to be charged and a probable cause determination must be made within 48 hours of an arrest… Mercer County NEVER CHARGED ME WITH ANYTHING… SO THEY ARE NOW TRYING TO PRETEND THEY NEVER ARRESTED ME ON 8/19/2013

 EVIDENCE THE CRIMINAL CHARGES AGAINST ME WERE FRAUDULENT

CASE DISMISSED (SEE LINK BELOW)

After the second unlawful arrest Judge Pedro Jimenez ignored my requests that he explain why I was being arraigned without the prosecutor, my attorney, or legal notice of the 1st appearance… Instead he sent me to Jail and to a Mental Hospital without making any findings supporting the necessity of either. I stayed in Jail OR Hospital for 4 months.

I WAS FOUND TO BE LEGALLY COMPETENT, BUT I NEVER HAD A TRIAL.

I DID EVERYTHING A CONVICT DOES EXCEPT HAVE A TRIAL OR FACE MY ACCUSER.

DOCUMENT: 2014-04-17 – COURT ORDER DISMISSED CRIMINAL CASE

==================================================

NAMES OF MERCER COUNTY OFFICIALS

WITH KNOWLEDGE OF THE ONGOING COVER-UP:

==================================================

 SHAME ON YOU

==================================================

PEOPLE APPEAR TO BE TRYING TO COVER UP THE FACT THAT THEY ARRESTED ME AND HELD ME CAPTIVE FOR HOURS WITHOUT A PHONE CALL.

Here is a list of Mercer County Officials & Judiciary Officials who have apparently ignored my over 25 emails, internal affaires complaints, and criminal complaints related to my own kidnapping:

(The officials listed below have knowledge of my kidnapping and/or received letters and emails and confirmed receipt of the same):

  • Judge Catherine M. Fitzpatrick (Presiding Judge Family Part, who apparently fabricated a criminal complaint against me that was later dismissed. Fitzpatrick also attempted to strip me of my right to represent myself -she did this illegally too and violated court rule 5:3-3 on 6/4/2013 see here:

About (some) Of Judge Fitzpatricks apparent Misconduct:

Reversal of the above referenced order(after I reported Judge Fitzpatrick to appropriate authorities) – SEE BELOW:

———————————————–

  • Judge Mary C. Jacobson (Assignment Judge Mercer County).

ABOUT JUDGE JACOBSON’S ALLEGED MISCONDUCT:

    • (Marry C. Jacobson actually was involved in the criminal investigation for the charges against me in State v. Syphrett, but she continued to act as a Judge handling the case despite this conflict of interest, she continued to consult on my case despite being conflicted through April of 2014)
        See Investigation Report Listing

About Judge Mary C. Jacobson

ACTED AS BOTH JUDGE & WITNESS IN MY CASE!!

    • JUDGE JACOBSON SHOULD HAVE RECUSED HERSELF!!!
    • MARY JACOBSON NEVER ONCE ADMITTED SHE HAD A CONFLICT OF INTEREST AFTER 8/15/2013, SHE CONTINUED TO HANDLE MY CASES AND CONSULT WHILE OBSCURING THIS INFORMATION FROM ALL PARTIES.
    • JUDGE JACOBSON ACTED AS JUDGE AND WITNESS IN MY CASE!!!

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  • Judge Pedro Jimenez (Superior Court Judge who held a 1st Appearance without legal notice and violated my constitutional rights)

ABOUT JUDGE JIMENEZ’S ALLEGED OUTRAGEOUS MISCONDUCT:

  • In Judge Pedro Jimenez fraudulently issues a court order stating I was represented by a public Defender. I wasn’t.  See the 8/19/2013 Transcripts & the 8/20/2013 court order below:
    • THIS COURT ORDER CONTAINS FALSE INFORMATION – NO PUBLIC DEFENDER HAD BEEN ASSIGNED TO MY CASE IN
    • JUDGE PEDRO JIMENEZ APPEARS TO HAVE COMMITTED FRAUD – HIS ORDER STATES I HAD A PUBLIC DEFENDER, BUT RECORDS SHOW THAT I NEVER DID (In 2013).
    • THE TRANSCRIPTS SHOW I REFUSED A PUBLIC DEFENDER!

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  • Det. Paul Toth (Sheriff’s Office)
  • Sheriff Officer who witnessed my arrest & a cop who was found to have violated an inmates rights in 2012 in State v. Funchess (N.J. Appellate Court).

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THE REST OF THE SUPPORTING CAST OF DISHONEST/ INCOMPETENT GOVERNMENT EMPLOYEES / OFFICIALS:

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Wall of Shame 1

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  • Chief Justice Stuart Rabner (Received Emails & Letters)
  • Judge Glenn Grant, Acting Director of Courts (Received Emails & Letters)
  • Judge Ronald E. Bookbinder (Assignment Judge Burlington)
    • SEE THE OTHER BLOG POSTS ABOUT JUDGE BOOKBINDER’S UNLAWFUL COURT ORDERS AND COMPLICITY IN COVERING UP THE KIDNAPPING – HE EVEN CONSULTED WITNESSES EX-PARTE ABOUT THE CRIMINAL CASE BEFORE IT WAS DISMISSED.

I CAN’T RESPECT A JUDGE LIKE BOOKBINDER WHO BREAKS THE LAW AND VIOLATES SUPREME COURT DECISIONS LIKE HAINES V. KERNER (he claimed he wasn’t familiar with it)!

  • David Merritt, Esq. (Law Clerk to Judge Bookbinder)

NOTES:

    •  David Merritt was initially very courteous when handling my phone calls and he seemed to empathize with the unfair treatment that I was receiving from Judge Bookbinder, which included COURT ORDERS THAT PROHIBITED ME FROM APPEARING IN COURT FOR MY OWN TRIAL DATES (IN MY DIVORCE AN CHILD CUSTODY ACTINS)… but after I posted this blog and reported Judge Bookbinder to the Supreme Court Judicial Conduct Committee, David told me he was instructed to cease taking my phone calls per court order.
    • 7/11/2014 I recorded a call with David, I reminded David that the court order he was citing was NULL & VOID because it violated my due-process rights (my right to be present at my own trial!)… David is a lawyer and should be fully aware that Judge Bookbinder issued a unlawful court order, and that David was effectively participating in a criminal act by enforcing a VOID COURT ORDER. Instead of being ethical and reporting the court’s abuses and damages to myself and my children, David instead decided to knowingly enforce a void court order and ignore the illegal activity that he was enabling.
    • David seems like a nice guy, but at the end of the day he decided to participate in misconduct rather than stand up for justice. It seems that the Judges likely bullied him into abiding their misconduct
  • Sheriff Jack Kemler (Mercer County)
  • Brian Hughes (Mercer County Chief Executive)
  • Arthur Sypek (Mercer County Office of Counsel)
  • Kristina Chubenko (Mercer County Office of Counsel)
  • Anita Ricketts (Mercer County Office of Counsel)
  • Paul Adezio (Mercer County Office of Counsel)
  • Joseph Bocchini (Prosecutor)
  • Michael Nardelli (Mercer County Prosecutor’s Office)
  • Warden Charles Ellis
  • Under-sheriff Pedro Medina
  • Det. Paul Toth (Mercer County Sheriff’s)
  • Jennifer Weisberg-Millner – (My wife’s Divorce Lawer. She also violated a court order and distributed my money from her escrow account in violation of a court order, I alleged that this was theft by deceiption, because she did not initially provide me with statements for the distributions of my money, which were larger than what was ordered by the court – I reported this to the Lawrenceville Police, who did nothing).
  • PROOF JENNIFER MILLNER DISTRIBUTED MORE MONEY THAN SHE WAS ALLOWED TO BY LAW:
  • Sharyn Sherman (Burlington County Court)
  • Laura Oliver, Esq (Law Clerk to Judge Catherine Fitzpatrick) – Laura helped write void court orders / was complicit with the act on 8/16/2013 when Judge Fitzpatrick should have been recused.
  • Judge John Call (Presiding Judge of Burlington Count Family Part) – He has allowed Judge Tomasello to continue a pattern of retaliation against me for speaking out and reporting judicial Misconduct.
  • John Munoz, Esq (Law Clerk to Judge Covert) – NICE KID THOUGH SERIOUSLY.

NOTES:

  • John was extremely professional during phone calls so I feel bad putting him on the Wall of Shame, because he at least said he understood my frustration and that I was simply fighting to enforce my rights.
  • Still John watched as my criminal case was dismissed in a fashion that should have raised red flags to any competent lawyer interested in Justice.
  • Again rather than report the Judges or attempt to help me John instead decided that his career aspirations are more important than my rights or my children’s rights, etc.
    John is on this list not because he is a bad guy, but because if I were him I would be ashamed…

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PLEASE SHARE THIS STORY WITH YOUR FRIENDS, THE MEDIA, AND LAW ENFORCEMENT.

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THE PUBLIC ATTENTION TO MY KIDNAPPING WILL BE THE ONLY WAY THAT I WILL EVER GET TRUE JUSTICE….

WE CAN NOT ALLOW OUR GOVERNMENT TO BELIEVE THEY CAN KIDNAP US WITHOUT ANY CONSEQUENCES!

 MY CURRENT POSITION ON THE MATTER:

Gadsen Flag

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TAKE NOTICE:

ALL NEW ARTICLES  APPEAR BELOW THIS PERMANENT POST

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Mercer County Sheriff’s Office KIDNAPPING OF DEREK SYPHRETT 8/19/2013

Standard

BELOW IS A EMAILED LETTER I SENT WITH ATTACHED DOCUMENTS PROVING THAT I WAS KIDNAPPED BY SHERIFF’S OFFICERS ON 8/19/2013.

 

SOME BACKGROUND FACTS RE: FALSE CHARGES, A ARREST, & A KIDNAPPING:

STATEMENT OF FACT:

1) On 8/9/2013 Judge Catherine Fitzpatrick claimed alleged that her law clerk received a “Terroristic Threat” via an email to her law Clerk Laura Oliver, it is purported but not confirmed that the email was sent by Derek Syphrett for the purposes of threatening Judge Fitzpatrick (the accusation has repeatedly been denied by Derek Syphrett, as the email was not sent to Judge Fitzpatrick, and the prosecutor’s discovery show’s the email is devoid of ANY explicit threat of violence).

2) 8/14/2013 Catherine Fitzpatrick in her individual capacity initiated a criminal investigation and Det. Paul Toth was assigned to investigate the incident.

3) 8/15/2013 Judge Catherine Fitzpatrick, P.J.F.P. met with Paul Toth & Judge Mary C. Jacobson Met with Det. Paul toth as part of his “criminal investigation”

4) Neither Judge Fitzpatrick or Judge Jacobson recused themselves from my civil matters pending in their court – neither would recuse themselves formally for the next 8 months, although my civil cases were eventually transferred out of Mercer County on about 1/17/2014.

5) 8/16/2013 Judge Fitzpatrick sat on the bench in my civil matters FV-11-625-13 AND FM-11-97-13, she then issued orders for default trials to be held in both matters without a basis in the law, and without revealing she was participating in a criminal investigation adverse to my interests. Her orders were later treated as void by Judge Tomasello, he actually orally ordered them vacated.

6) 8/18/2013 I was arrested on a warrant at my house for charges that appeared fraudulent and for charges that ultimately were dismissed pre-trial on 4/17/2014. Note the complaining witness was Judge Fitzpatrick, via a third-party complaintant Paul Toth, and the Warrant was issued by a colleague of the purported victim Pedro Jimenez (a conflict of interest, which later resulted in the recusal of Judge Jimenez from the case, but only after he set my bail at 150% of the state maximum, and his recusal occurred after he fraudulently claimed that a public defender had been assigned to my case on 8/20/2013 – when in fact, this never occurred).

7) 8/18/2013 I posted bail and was released from Mercer County Jail. Notably I posted a $50,000, ALL CASH bail for a third degree charge, despite the state maximum in the state guidelines for a third degree charge being $20,000 with 10% permissable, unless extraordinary circumstances are put on the record (which in my case they were not).

8) There was no warrant for my arrest, no probable cause explanation provided, no bail condition violations, and no criminal charges ever issued with relation to this kidnapping, under the color of law.

9) When I was released from Burlington County Jail (Again note my criminal case State v. Syphrett was transferred from Mercer County after I wrote the court about my concerns of misconduct)… I contacted the Mercer County Sheriff’s Office and Under-Sheriff Pedro Medina, He said he would look into the circumstances around my 8/19/2013 arrest. When I followed up with him in 1/2014, he became notably upset and refused to provide me any information about the circumstances of my arrest.

10) I subpoenaed the the Sheriff’s Office (Jack Kemler), Paul Toth, etc for information and documents related to the circumstances surrounding my 8/19/2013 arrest, The MERCER COUNTY OFFICE OF COUNSEL THEN INFORMED ME THERE IS NO RECORD OF MY ARREST ON 8/19/2013!!!! … NOTABLY UNDER N.J. STATUTE AND O.P.R.A. THE CIRCUMSTANCES SURROUNDING ANY ARREST ARE PUBLIC RECORDS, IN THIS CASE THERE IS NO RECORD, AND AS A RESULT IT APPEARS I WAS KIDNAPPED BY SHERIFF’S OFFICER WHO MAY OR MAY NOT HAVE BEEN HELPING A SUPERIOR COURT JUDGE RETALIATE AGAINST ME BECAUSE I REPORTED HER TO THE A.C.J.C.

 

ABOUT THE APPARENTLY CORRUPT OFFICIALS

DETAILS:

  • Judge Catherine Fitzpatrick is/was a subject in numerous state & federal investigations in part because she repeatedly violated my rights during a divorce. She had been retaliating against me for about 2 years prior to my decision to report her to court officials including Judge Glenn Grant, J.A.D. (Acting Director of the Courts). She remains a judge today, despite stripping me of visitation without a plenary hearing, and attempting to silence me by appointing a Guardian Ad Litem and court appointed order without a hearing – a violation of my constitutional rights and court rule 5:3-3.
  • Judge Catherine Fitzpatrick: had been retaliating against me for about 2 years prior to my decision to report her to court officials including Judge Glenn Grant, J.A.D. (Acting Director of the Courts). She remains a judge today, despite stripping me of visitation without a plenary hearing, and attempting to silence me by appointing a Guardian Ad Litem and court appointed order without a hearing – a violation of my constitutional rights and court rule 5:3-3.
  • 8/14/2013 Judge Catherine Fitzpatrick alleged that I sent an 8/9/2013 email containing a threat against her life / wellbeing. She began participating in a criminal investigation on 8/14/2013. NOTE THESE CHARGES WOULD LATER BE DISMISSED AFTER BEING DOWNGRADED FROM FELONY TO A MISDEMEANOR – I WA.S NEVER PROVIDED A TRIAL, BUT I WAS JAILED FOR 4 MONTHS ON FALSE ALLEGATIONS, AND AFTER BEING KIDNAPP
    • I NEVER SENT AN EMAIL TO JUDGE FITZPATRICK
    • THE EMAIL USED IN THE PROSECUTOR’S DISCOVERY – CONTAINED NO DEATH THREAT OR VIOLENT THREAT AT ALL.
    • NO INVESTIGATOR EVER ASKED ME IF I SENT AN EMAIL OR THREATENED THE JUDGE … EVER
    • NOBODY EVER AUTHENTICATED THE EMAIL EVIDENCE TO AFFIRM THAT I IN FACT SENT IT
  • ~8/15/2013 Judge Mary C. Jacobson, A.J.S.C. and Judge Fitzpatrick both participated in a criminal investigation. This is notable because neither Judge Recused themselves from my legal matters, and in fact on 8/16/2013 Judge Fitzpatrick issued orders for default in my divorce and a domestic violence case (that was also a fraud – it was later dismissed by a different judge in a Burlington County – That judge (Judge John Tomasello) refused to allow me to be heard in order to cover up for Judge Fitzpatrick).
  • 8/16/2013 Judge Fitzpatrick ACTED AS A JUDGE IN MY DIVORCE AND DOMESTIC VIOLENCE STATUS HEARING – WITHOUT MENTIONING THAT SHE HAD BECOME PARTY TO AN OPENED LEGAL MATTER – A CONFLICT OF INTEREST.  SHE ISSUED ORDERS FOR DEFAULT IN MY DIVORCE AND DOMESTIC VIOLENCE HEARING WITHOUT ME PRESENT AND DESPITE THE FACT MY COURT APPOINTED COUNSEL (RECOGNIZING HE’D BEEN APPOINTED ILLEGALLY – ASKED TO WITHDRAW FROM THE CASE DUE TO CONFLICTS OF INTERST) – IN OTHER WORDS I WAS NOT REPRESENTED AT THE HEARING…. AND THE JUDGE WAS A LEGAL ADVERSARY!

 

  • 8/16/2013 Detective Paul Toth of Mercer County Sheriff’s Office met with the 1st Prosecutor and they decided to charge me with a felony threat to kill, despite the fact that no such threat existed. THIS IS IMPORTANT TO NOTE, BECAUSE THE CHARGES WERE LATER DISMISSED BY THE SAME PROSECUTOR’S OFFICE AND NO INDICTMENT WAS EVER SOUGHT BY Assistant Prosecutor Michael Nardelli (In fact he told my Lawyer John F. Rooney, that he never believed he could get an indictment, yet I sat in Jail or Hospital for 4 Months).DETECTIVE TOTH HAS VIOLATED THE LAW IN THE PAST: See State v. Funchess (2012) A conviction was overturned because of Det. Paul Toth’s conduct.
  • 8/18/2013 I was arrested on a warrant which was issued based upon an apparently false claim made by Judge Catherine Fitzpatrick, P.J.F.P.
    • THE WARRANT: Was issued by a colleague of Judge Fitzpatrick, Judge Pedro Jimenez. (He was later recused from the case after I was kidnapped).
    • THE WARRANT STATED: My bail was $50,000 NO 10% (OR ALL CASH) 150% HIGHER THAN STATE GUIDELINES WITH NO FINDINGS SUPPORTING IT, THIS VIOLATED PRECEDENT IN NEW JERSEY (SEE: State v. Johnson, State v. Fajardo-Santos).
    • THE WARRANT STATED: My first appearance was to be 8/20/2013… I instead was kidnapped 8/19/2013 and denied counsel, the prosecutor wasn’t present, and Judge Jimenez claimed to Amend my warrant – AFTER I HAD PURPORTEDLY BEEN ARRESTED ON 8/19/2013… A JUDGE CAN’T DO THAT. I CAN’T BE ARRESTED ON A WARRANT THAT DIDN’T EXIST / HAD BEEN SATISFIED ALREADY – YET I WAS.
  • 8/18/2013 I POSTED BAIL AND WAS RELEASED FROM MERCER COUNTY CORRECTIONS FACILITY
  • 8/19/2013: I WAS KIDNAPPED / PURPORTEDLY “ARRESTED” WITHOUT ANY WARRANT, CRIMINAL CHARGES, PROBABLE CAUSE FINDING, OR A TRIAL)
  • 8/19/2013: I was detained for over 2 hours without a phone call, handcuffed, read Miranda and told I was under arrest. When I asked why, the Sheriff’s Officers said they’d tell me later… THEY NEVER DID. When I asked to be given a valid warrant for my arrest, they said they’d get me one later -THEY NEVER DID.
  • 8/19/2013: I was transported to another courthouse for a “first appearance” on 8/19/2013. THIS FIRST APPEARANCE OCCURRED WITHOUT ANY LEGAL NOTICE – RECALL THE WARRANT STATED MY FIRST APPEARANCE WOULD BE 8/20/2013. I HAD NO OPPORTUNITY TO GET A LAWYER BEFORE THIS UNSCHEDULED FIRST APPEARANCE
  • 8/19/2013: before Judge Jimenez. When I asked him why I had been arrested a 2nd time he refused to answer. Instead he started the proceeding by saying “I am going to amend your warrant now”… effectively admitting I’d just been arrested without a warrant.
  • SINCE MY KIDNAPPING: I HAVE GIVEN RECORDS TO THE F.B.I. NON-PROFITS, AND MEDIA – THE SHERIFF’S OFFICE CONTINUES TO DENY I WAS ARRESTED DESPITE THE FACT I HAVE ARREST RECORDS AND SO DOES THE FBI
  • I HAVE RECORDS THAT CLAIM TO BE ARREST RECORDS: I’ve sent them to the F.B.I. U.S. Attorney’s Office and multiple politicians & the media.

 

==============================================

BELOW IS A LETTER / EMAIL I SENT

DETAILING MY OUTRAGE AND CONCERN

==============================================

INSERTED COMMENTS – INTRO TO LETTER SENT FOR EXPLANATION OF MY KIDNAPPING.

[ LETTER SENT TO:

Chief Justice Stuart Rabner, Warden Charles Ellis, Judge Ronald Bookbinder, Judge Glenn Grant, Judge John Call, Sharyn Sherman, Arthur Sypek, Kristina Chubenko, Brian Hughes, Prosecutor Joseph Bocchini, Asst. Prosecutor Michael Nardelli, Under-Sheriff Medina, etc. Collectively members of Mercer County Executive Offices, Mercer County Sheriff’s Office, New Jersey Superior Court, New Jersey Supreme Court, Mercer County Prosecutor’s Office, and Mercer County Corrections. SHERIFF JACK KEMLER (A PENSION DOUBLE DIPPER)

I also sent O.P.R.A. requests because the circumstances of all arrests are public information.

 

They’ve responded to say they have no record of my arrest so: I GUESS THAT MAKES IT A KIDNAPPING & NOT A FALSE ARREST THEN!

 

THE PUBLIC CAN EMAIL THESE FINE PEOPLE TOO

I’VE INCLUDED THEIR EMAIL ADDRESSES SO THAT YOU MAY MAKE YOUR OWN PUBLIC RECORDS REQUEST  ]

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ORIGINAL EMAIL POSTED HERE:

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To: policeaccountability@njlp.org, “Medina, Pedro” <pmedina@mercercounty.org>, “Toth, Paul” <ptoth@mercercounty.org>, mnardelli@mercercounty.org, jbocchini@mercercounty.org
CC: glenn.grant@judiciary.state.nj.us, Chubenko, Kristina <kchubenko@mercercounty.org>, Kemler, Jack <jkemler@mercercounty.org>, Jennifer Millner <JMillner@foxrothschild.com>, bhughes@mercercounty.org, jeanne.covert@judiciary.state.nj.us, pedro.jimenez@judiciary.state.nj.us  [EDITED TO REMOVE EMAILS FOR STATE AND FEDERAL INVESTIGATORS]

Prosecutor Bochini & Police Accountability Project:

I have communicated my concerns and supplied complaints via fax to the prosecutors office from 12/24/2013 to present.

I have yet to receive an official written response from the Mercer County Prosecutors Office.

I respectfully request the Mr. Bocchini follow-up with me in writing with regard to the complaints that I’ve sent to your attention with regard to the unlawfull seizure of my person and property on 8/19/2013. Given that there is no arrest record, but that their are witnesses, including myself to officers telling me that I was under arrest on 8/19/2013, without ever explaining the reason and without presenting a warrant at anytime for an arrest to be executed on 8/19/2013, there is clearly and convincingly an issue of police / sheriff’s office abuse of authority, crimes under the color of law.

In January I called the Prosecutor and was told my complaint was assigned to Michael Nardelli, the same prosecutor handing State v. Syphrett. He later told my lawyer and myself this was not true.

I request a formal written response with regard to the seizure of my person that occurred on 8/19/2013 at around 1:35pm at 175 S. Broad Street. At that time there was no warrant for my arrest and there was no first appearance scheduled with legal notice to myself, yet I was arrested, put in a holding cell at 400 Warren Street, and denied a phone call for over 2 hours, then I was taken to a first appearance on 8/19/2013, without counsel, without notice, and my bail was set above state guidelines without fact finding supporting it. Most incredibly my bail was set at $50,000, despite the fact I’d already lawfully posted bail and met all bail conditions on 8/18/2013.

The bottom line here is that:

The public can accept an aggressive police force, but we can not and should not ever accept a policing agency to disregard the law or a citizens rights.

The Mercer County Sherriff’s had no right to violate my person on 8/19/2013 and create symptoms that my doctors and family have commented are similar to those of rape victims.

I was physically and emotionally violated and I expect a full investigation and findings to be provided to me.

Please accept this as my formal request for the same. I will not relent requesting investigative action or publicity with regard to what is an outrageous abuse of power by Mercer County officials.

A pillar of our justice system is that wrongs SHALL be righted by the administrators of justice. I demand you fulfill this common-law / oath related obligation or be held legally accountable for failing to do so – as complicity with civil rights violations is not covered by qualified immunity under U.S.C. 42 1986 (complicity with interference in civil rights violations).

Further given that I was denied access to my trial at the Family Part on 8/19/2013 because of my false arrest, my constitutional right to access the court was also violated on 8/19/2013.

Kind regards,

Derek Syphrett

ANOTHER EMAIL SENT EARLIER TO SAME PEOPLE:

Dear Police Accountability Project:

I need your help, and your public intervention in a matter that is clearly and convincingly an abuse of the law by the Mercer County Sheriff’s Office and several Sheriff’s Officers, including Det. Paul Toth.

INTRODUCTION:

Please see the attachments related to a “kidnapping” under the color of law that occurred on 8/19/2013 at 175 S. Broad Street New Jersey. I have several civilian witnesses to this kidnapping / false arrest.

I will shortly send you the emails between myself and the Mercer County Sheriff’s Office and the Mercer County Office of Counsel (lawyers representing the Sheriff’s Office).

What you will see is a pattern of evasiveness with regard to a purported kidnapping on 8/19/2013. Notably we can not call my 8/19/2013 kidnapping a purported “arrest”, because the Sheriff’s Office has now claimed there is no arrest record and there was no arrest on 8/19/2013 at about 1:35pm.

The F.B.I. completed an investigation into this matter and has referred the matter to the D.O.J. and U.S. Attorney for further prosecution – which is not assured, but with the appropriate public involvement I believe that the D.O.J. will do take the path less traveled and prosecute this matter as the evidence according the F.B.I. Special Agent is convincing to the F.B.I.

Luckily, the F.B.I. has informed me that I am not “alone” and that they are continuing to pursue prosecution of my claim.

REQUEST: Would you please make a O.P.R.A. request regarding my arrest in this matter. The identifying case number, warrant etc are contained in the attachments to this email.

SUMMARY OF CORE ISSUE:

I appeared in court on 8/19/2013 for a scheduled court date in a civil matter FV-11-625-13 by court order of Judge Fitpatrick

I was told I was “under arrest” in the lobby of the Family Court at 175 S. Broad Street.

I asked why I was under arrest, and the Sheriff’s Officers responded “we’ll tell you later” … THEY NEVER DID

I asked if there was a warrant for my arrest … they said they’d get one to me latter … THEY NEVER DID

I informed them I posted bail on 8/18/2013 for a criminal charge filed by Judge Fitzpatrick and produced my bail receipt

One or more of the officers from my 8/18/2013 arrest, was present at the 8/19/2013 kidnapping / false arrest, I believe it was Paul Toth – a man with dark hair. He did nothing to protect my rights, despite the fact I had lawfully posted bail from the 8/18/2013 arrest.

I was handcuffed and miranda was read, and a miranda form was filled out by one of the 4 Officers that escorted me into the court elevator down to the holding cells below the court

When I arrived inthe Criminal Court at 400 Warren Street, I demanded Judge Pedro Jimenez produce a warrant – he produced only a warrant for my 8/18/2013 arrest – a warrant I’d already fully satisfied by posting bail on 8/18/2013 – when I was released from Merer County Corrections! I was arrested again on 8/19/2013 despite satisfying the attached warrant.

 

WITNESSES:
The witnesses include A. A., S. C., and D.C. – all of which where present at the Family Part Courthouse (175 S. Broad Street, Trenton) at about 1:35pm on 8/19/2013 where I was kidnapped under the color of law by Mercer County Sheriff’s officers.

I can provide phone numbers and affadavits from the witnesses upon your request.

STATEMENT OF FACT:

1) On 8/9/2013 Judge Catherine Fitzpatrick claimed alleged that her law clerk received a “Terroristic Threat” via an email to her law Clerk Laura Oliver, it is purported but not confirmed that the email was sent by Derek Syphrett for the purposes of threatening Judge Fitzpatrick (the accusation has repeatedly been denied by Derek Syphrett, as the email was not sent to Judge Fitzpatrick, and the prosecutor’s discovery show’s the email is devoid of ANY explicit threat of violence).

2) 8/14/2013 Catherine Fitzpatrick in her individual capacity initiated a criminal investigation and Det. Paul Toth was assigned to investigate the incident.

3) 8/15/2013 Judge Catherine Fitzpatrick, P.J.F.P. met with Paul Toth & Judge Mary C. Jacobson Met with Det. Paul toth as part of his “criminal investigation”

4) Neither Judge Fitzpatrick or Judge Jacobson recused themselves from my civil matters pending in their court – neither would recuse themselves formally for the next 8 months, although my civil cases were eventually transferred out of Mercer County on about 1/17/2014.

5) 8/16/2013 Judge Fitzpatrick sat on the bench in my civil matters FV-11-625-13 AND FM-11-97-13, she then issued orders for default trials to be held in both matters without a basis in the law, and without revealing she was participating in a criminal investigation adverse to my interests. Her orders were later treated as void by Judge Tomasello, he actually orally ordered them vacated.

6) 8/18/2013 I was arrested on a warrant at my house for charges that appeared fraudulent and for charges that ultimately were dismissed pre-trial on 4/17/2014. Note the complaining witness was Judge Fitzpatrick, via a third-party complaintant Paul Toth, and the Warrant was issued by a colleague of the purported victim Pedro Jimenez (a conflict of interest, which later resulted in the recusal of Judge Jimenez from the case, but only after he set my bail at 150% of the state maximum, and his recusal occurred after he fraudulently claimed that a public defender had been assigned to my case on 8/20/2013 – when in fact, this never occurred).

7) 8/18/2013 I posted bail and was released from Mercer County Jail. Notably I posted a $50,000, ALL CASH bail for a third degree charge, despite the state maximum in the state guidelines for a third degree charge being $20,000 with 10% permissable, unless extraordinary circumstances are put on the record (which in my case they were not).

8) There was no warrant for my arrest, no probable cause explanation provided, no bail condition violations, and no criminal charges ever issued with relation to this kidnapping, under the color of law.

9) When I was released from Burlington County Jail (Again note my criminal case State v. Syphrett was transferred from Mercer County after I wrote the court about my concerns of misconduct)… I contacted the Mercer County Sheriff’s Office and Under-Sheriff Pedro Medina, He said he would look into the circumstances around my 8/19/2013 arrest. When I followed up with him in 1/2014, he became notably upset and refused to provide me any information about the circumstances of my arrest.

10) I subpoenaed the the Sheriff’s Office (Jack Kemler), Paul Toth, etc for information and documents related to the circumstances surrounding my 8/19/2013 arrest, The MERCER COUNTY OFFICE OF COUNSEL THEN INFORMED ME THERE IS NO RECORD OF MY ARREST ON 8/19/2013!!!! … NOTABLY UNDER N.J. STATUTE AND O.P.R.A. THE CIRCUMSTANCES SURROUNDING ANY ARREST ARE PUBLIC RECORDS, IN THIS CASE THERE IS NO RECORD, AND AS A RESULT IT APPEARS I WAS KIDNAPPED BY SHERIFF’S OFFICER WHO MAY OR MAY NOT HAVE BEEN HELPING A SUPERIOR COURT JUDGE RETALIATE AGAINST ME BECAUSE I REPORTED HER TO THE A.C.J.C.

CONCLUSION:

Given that I was arrested by no less than 4 Sheriff’s Officers, and that no less than 7 Officers became involved in the kidnapping, and purported processing of my “arrest” I believe this event represents an act of:

1) official misconduct (N.J.S.A. 2C:30-2)
2) violation of Federal Statutes
3) U.S.C. 18, Section 241, (Deprivation of Civil Rights)
4) U.S.C. 42, Section 1985 (Conspiracy to Interfere with Civil Rights)
5) Federal Civil R.I.C.O. – Notably I or a attorney of my choosing can prosecut Federal R.I.C.O. with assistance from the U.S. Government

Given this email and my prior email, I am sure you can see that I am getting the “Jersey” treatment from local officials and it appears that the only way to get anything resembling justice will be to expose these people to public scrutiny.

I attempted to resolve this matter privately, with private requests for internal investigations, and private requests for the officers to take remedial action, but instead such civil requests have been met with an arrogance and willful disregard for lawful conduct, that I at this point feel that it is time to involve the public and the media.

Thank you for your assistance,

Derek C. Syphrett

cc: F.B.I.
cc: D.O.J.
cc: Mercer County Prosecutor’s Office – Prosecutor Nardelli (Please respond to the criminal complaint I sent to your attention with regard to these concerns).

P.S.

(1) Chief Justice Rabner and Glenn Grant became personally involved in my case as was noted during status hearings in:

[PUBLIC RECORDS:] 

Burlington County System# 13-950-01 / Mercer County Case File: 1111-W2013-002897 / Police Case #13-026677 / Mercer County Prosecutor’s File: 13-2502

(2) Notably Judge Jacobson, a witness for the State per the “Investigative Report”, denoted as being for Incident # I-2013-02776. DESPITE BEING A WITNESS FOR THE STATE – JUDGE JACOBSON CONTINUED TO CONSULT ON MY BAIL CONDITIONS AND ISSUE ORDERS IN STATE V. SYPHRETT – WHEN SHE CLEARLY SHOULD HAVE BEEN RECUSED!!!

 

 EARLIER EMAIL SENT TO MERCER COUNTY OFFICES

——– Original Message ——–

Subject: RE: Discovery Follow-up – Derek Syphrett
Date: Sun, 26 Jan 2014 18:52:24 -0500
From: Derek Syphrett <dsyphrett@gmail.com>
To: asypek@mercercounty.org, kchubenko@mercercounty.org,  aricketts@mercercounty.org (COUNTY OFFICE OF COUNSEL)

Hello Mr. Sypek, Esq. and Ms. Chubenko, Esq.:

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ATTACHMENTS:
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1. Court Order 1/17/2014 – Recusal of All Mercer County Judges – Transfer Order

2. My Letter Brief / Petition to Chief Justice Rabner, Grant, et. al. – pursuant Court Rule 1:33 (broadly construed per the doctrine of the “civil liberal construct”)

3. Letter / Petition for Relaxation of Petition Format Rules ((broadly construed per the doctrine of the “civil liberal construct” / NJ Constitution Article 1. Par. 18)

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Thank you for sending part of the discovery I requested via email last week.

I need to follow-up again, because as I informed Anita Ricketts via email my Mercer County Civil Matters have been transferred to Burlington County by Assignment Judge Mary C. Jacobson, pursuant to my Court Rule 1:33 petition to her honor, Judge Glenn Grant, J.A.D. – Acting Director of Court Administration, and Chief Justice Stuart J. Rabner – New Jersey Supreme Court.

It now appears my court date in Burlington county will be sooner than later.

More importantly:

I am VERY concerned with regard to what remains lacking from the discovery provided – specifically:

1. The name of the Sheriff’s Officer whom was dispatched to my home does not appear in any of the discovery documents.

Concern: I must presume a record of the same must exist as the Sheriff’s Office is known to have a dispatch log and it would not be prudent to dispatch officers without making a record of the same.

2. I still have not received any new information from regarding my 8/19/2013 at ~1:30pm “ARREST” (Sheriff’s Officers words as my witness will testify to).

Concern: My power(s) of attorney and myself have requested this information directly from the sheriff’s dept, clerk, Under-Sheriff Medina, Sheriff Kemler, Det. Paul Toth, and Sgt. Barton for over 2 months now.

Concern: Given the highly unusual circumstances that I know to exist related to the “ARREST” such as:

(a) There was no valid warrant for that arrest
(b) There was no probable cause provided when requested 8/19/2013, or anytime thereafter
(c) There was no violation of any existing Bail Condition
(d) I had already lawfully posted bail
(e) My arraignment wasn’t scheduled until 8/20/2013
(f) I was arraigned without any legal notice or opportunity to seek counsel before the critical stage of a criminal proceeding that included bail setting / bail modification
(g) I have transcripts that prove the 8/18/2013 arrest warrant WAS NOT amended prior to my arrest on 8/19/2013
(h) There are other details I do not wish to share at this time that I have evidence of.

Concern #2: I am concerned that Your Office has not provided even basic information AND that your office Ms. Chubenko has stated that you need to “review” the basic information regarding my discovery requests (including basic information that I and the public are entitled to pursuant previously cited state statutes).

In other words, given the fact that these issue are being investigated by the federal government, AND given that multiple Judges have now been recused from further involvement due to the appearance of a tainted process, AND given the allusive and evasive responses from the Sheriff’s Department, I have reasonable concerns that there is an attempt to “cover-up”, “mislead”, or obstruct my discovery of the truth (my arrest was a violation of constitutionally protected rights and I was denied due process and my basic dignity by a Sheriff’s Office that has a history of violating my rights / assisting others in violating my rights at the direction, or with the involvement of Judges in Mercer County.

REQUEST FOR FOLLOW-UP:

Please advise me when I can receive discovery of the aforementioned documentation / records.

Please also share any and all discovery with my criminal defense lawyer John F. Rooney, Esq as we’re both trying to obtain this information.

Note:
Obviously IF the prosecutors office decides to prosecute the cr iminal case #2502 or indict it (which they have not done in 5-months), THEN Mr. Rooney will receive discovery from the Prosecutors office. In the meantime your office appears to be the most expedient available option for both my lawyer and myself to receive discovery for the criminal matter (which my lawyer handles) and the civil matter (where I am pro se).

Lastly Please Understand:

I am sorry to be compelled to communicate in a high frequency manner and I hope I am not inconveniencing you or your office.

That said I would hope you can understand I am VERY concerned and upset that it appears I was arrested illegally and that my rights were thoroughly violated by both the Sheriff’s Office and the Judge Jimenez (who has now been recused from this matter).

This has been a very traumatic experience that impacted all aspects of my life, my finances, my family, their finances, and my personal relationships with my children.

I am therefore left with no option but to be persistent and to employ any and all civil and legal means of recourse until the questions / requests I’ve made are appropriately answered.

Thank you kindly for your anticipated prompt response to these issues.

I appreciate that we have an opportunity to resolve this matter amiably and I would greatly appreciate your courtesy in that regard (I assure I will remain courteous and respectful throughout the process, regardless of the ultimate ends).

Kind Regards,

Derek Syphrett

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CONCLUSION:

If you would like to contact me for source documents feel free to email me at sd@00060@gmail.com.

I have clear and convincing Evidence I was kidnapped, and the Mercer County Sheriff’s Office is covering it up!.

IF YOU NEED TO REPORT COURT CORRUPTION IN NEW JERSEY VISIT THESE WEBSITES:

http://www.judiciary.state.nj.us/acjc/how_to_file_complaint.htm

http://www.fclu.org

http://www.fbi.gov

http://newjersey.watchdog.org/

@BobIngle99 (Twitter: Author of the “Soprano State”)

#FamilyCourt (Twitter)