Category Archives: michael nardelli

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”

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.

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Quick Summary – The Punchline:

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Summary

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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

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THE SET-UP:

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 Take 1

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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

 

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THE FULL STORY & THE EVIDENCE

CLICK THE  UNDERLINED DOCUMENTS IN THIS SECTION

TO SEE SOURCE DOCUMENTS

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Magnify Glass FACTS

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(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

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NAMES OF MERCER COUNTY OFFICIALS

WITH KNOWLEDGE OF THE ONGOING COVER-UP:

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 SHAME ON YOU

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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:

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  • 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:

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