Category Archives: U.S. Attorneys

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”

COURT REFUSES TO ALLOW ME TO SPEAK WITH OMBUDSMAN

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Justice GaggedArticle Published after Receipt from Derek Syphrett:

BACKGROUND INFORMATION:

AFTER MOTIONS I FILED WENT MISSING IN A DV CASE I WAS FOUND GUILTY, THE COURT HAS CONTINUED TO RETALIATE AGAINST MY EFFORTS TO SEEK JUSTICE.

PRIOR TO THE DV TRIAL I HAD REQUESTED TO SEE MY FULL FILE AS I SUSPECTED THE PRIOR RECUSED JUDGES WOULD ATTEMPT TO REMOVE MOTIONS FROM THE FILE TO RETALIATE…. IT APPEARS THIS HAPPENED.

  • 6/7/2013 Motion Stamped Received and discussed on the Record 6/13/2013 was removed from the file before the continued 2/19/2014 trial of the DV (after recusal of prior Trial Judge – MISSING FROM CASE FILE FV-11-887-13 (Kathryn Bischoff v. Derek Syphrett)
  • 12/11/2013 Motion filed for dismissal of DV claim due to recusal of trial judge who issued the TRO. (Kathryn Bischoff v. Derek Syphrett). THIS MOTION WAS DELIVERED TO THE COURT IN TRIPLICATE ON 2 SEPARATE DATES – ITS MISSING
  • 1/12/2013 to 2/4/2013 I sent letters to the court requesting to review my case file prior to the scheduled TRIAL in FV-11887-13, RE-DOCKETED IN BURLINGTON COUNTY AS FV-03-1154-14.
  • 2/6/2014 I WAS PUNISHED FOR REQUESTING TO VIEW MY FILE PRE-TRIAL:

Judge Bookbinder issued an unlawful court order: prohibiting me from appearing in court pre-trial or at trial for any reason without EXPRESS PERMISSION FROM A SUPERIOR COURT JUDGE. This was unlawful because it violates my constitutionally protected rights to due process under the 1st Amendment & 14th Amendment of the Constitution for the United States of America (1787 Original Jurisdiction)and the New Jersey Constitution which establish the inalienable right to access the court and to be tried consistent with due-process under the law.

  • ADDITIONALLY I FILED A “IMMEDIATE APPEAL” with regard to the DV charge. This is a rarely used statutory right if you are accused of Domestic Violence in New Jersey – see Statute N.J.S.A.: 2C:25-28i.

An immediate appeal is meant to allow the Defendant to challenge a TRO issuance since the TRO was issued without the Defendant present in court to defend himself/herself.

THE COURT IS REQUIRED TO SEND LEGAL NOTICE AFTER SCHEDULING AN IMMEDIATE APPEAL ACCORDING TO THE DOMESTIC VIOLENCE PROCEDURE MANUAL (link to PDF). IN MY CASE THE COURT NEVER SCHEDULED THE IMMEDIATE APPEAL AND JUDGE PETER WARSHAW ERRONEOUSLY DENIED MY IMMEDIATE APPEAL BECAUSE HE SAID I SHOULD HAVE NOTIFIED THE PLAINTIFF AFTER I SERVED THE PLAINTIFF THE IMMEDIATE APPEAL.

I WAS DENIED STATUTORY DUE PROCESS BECAUSE THE COURT NEVER SCHEDULED THE IMMEDIATE APPEAL.

  • RETALIATION CONTINUED WHEN JUDGE JOHN TOMASELLO THREW ME OUT OF COURT AT TRIAL IN BURLINGTON FOR MAKING MY 1ST AND ONLY OBJECTION IN A DIFFERENT CASE… YET HE IS SET TO BE THE TRIAL JUDGE IN THE POST-TRIAL HEARING DESPITE THE FACT HIS BIAS AGAINST ME IS CLEAR AND CONVINCING!

0001910cba29056841e3b2e8ca7f16074ab

NEW POST TRIAL FILINGS FOR RELIEF

LOOK AT HOW RIDICULOUS THIS HAS BECOME:

THIS WEEK: I have filed post trial motions to confront the corrupted court process.

Here are the recent letters to AND from the court:’

Letters and Letter Briefs set to the court to protest the court’s failure to schedule my immediate appeal:

2014-08-07 TO 14 – LTRS – Biased Court

 

LETTER FROM JUDGE BOOKBINDER

2014-08-14 LTR From Judge Bookbinder

LOOK AT ALL THE PEOPLE COPIED TO THIS LETTER !!!

– New Jersey Clerk of the Courts;

– Acting Director of the Courts;

– Chief of Staff for the Courts, etc

IMAGE OF JUDGE BOOKBINDER’S LETTER

2014-08-14 - LTR BOOKBINDER p1

2014-08-14 - LTR BOOKBINDER p2

Judge Catherine Fitzpatrick Alleged to Retaliate & File False Criminal Charges

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Baby Judge Stealing Nose

( ACTUALLY JUDGE FITZPATRICK TRIED TO JAIL ME FOR 5 YEARS…  FALSELY…)

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Quick Summary of Facts & Events:

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  • 6/4/2013 Judge Fitzpatrick stripped me of my right to represent myself and appointed both a Guardian Ad Litem & a court appointed Lawyer in violation of:
    • my constitutional right to due process (14th Amendment, U.S. Contitution);
    • New Jersey Rules of Evidence 703; &
    • New Jersey Court Rule 5:3.

She issued a sua sponte order (on the courts own motion) without any evidence or testimony before the court supporting her order. She did not even give me the opportunity to cross-examine or present evidence before issuing the order.

THIS WAS UNLAWFUL AND JUDICIAL MISCONDUCT.

NOTABLY: in 4/2013 I won my last motion before the court and had my wife Margaret J. Wallace (of Gales Ferry CT) found in contempt & my unallocated support enforcement stayed… SO CLEARLY I WAS LEGALLY COMPETENT

NOTABLY: ACCORDING TO SETTLED CASE LAW IN NJ NO COURT COULD DEEM ME LEGALLY INCOMPETENT AFTER SUCCESFFULLY DEMONSTRATING COMPETENCE BEFORE THE COURT IN MY LAST MOTION – SEE KYLE V. VERONA GREEN ACRES   JUDGE FITZPATRICK IGNORED THIS BINDING PRECEDENT… THIS TOO WAS UNLAWFUL.

2. 8/14/2013 Judge Fitzparick apparently fabricated criminal charges against me

3. 8/16/2013 Judge Fitzpatrick apparently retaliated by sitting as a judge in my divorce and a now dismissed Domestic Violence case status hearing and order defaults in both cases on 8/16/2013 (see Mercer County Dockets:  FV-11-725-13K & FM-11-97-13B)

THIS WAS BOTH UNLAWFUL AND A VIOLATION OF COURT RULE 1:12:-1(g).

IMPORTANT: JUDGE FITZPATRICK’S ORDERS FOR DEFAULTS WERE LATER TREATED AS VOID COURT ORDERS AND VACATED – BECAUSE WHAT SHE DID WAS ILLEGAL.

JUDGE FITZPATRICK DID NOT DISCLOSE HER ATTEMPT TO FILE CRIMINAL CHARGES AGAINST ME, AND SHE THEN SAT TO HEAR CIVIL CASES DESPITE THE FACT SHE FILED A CRIMINAL COMPLAINT AGAINST ME AND WAS CONFLICTED

IMPORTANT: I was ordered to appear in civil court on 8/19/2013 for a Default hearing in the DV case FV-11-624-13. When I appeared I learned that my wife and her lawyer were told not to appear in court and I was arrested without new charges being filed, without a warrant, and without probable cause I apparently was kidnapped to shut me up

4. 8/18/2013 I WAS ARRESTED AT MY HOME. I POSTED BAIL AND WAS RELEASED FROM JAIL.

5. 8/19/2013 When I appeared I learned that my wife and her lawyer were told not to appear in court and I was arrested without new charges being filed, without a warrant, and without probable cause I apparently was kidnapped to shut me up.

  • There was no warrant for my 8/19/2013 Arrest
  • There was no criminal charges for the 8/19/2013 arrest
  • No Probable Cause was issued for the 8/19/2013 arrest
  • No criminal charges were filed for the 8/19/2103 arrest
  • IT ALL APPEARED TO BE RETALIATION TO SHUT ME UP AND TO KEEP JUDGE FITZPATRICK FROM GETTING IN TROUBLE.

6. In January of 2014 I recorded a phone call with my wife’s lawyer Jennifer Weisberg-Millner of Fox Rothschild. She revealed to me that Judge Fitzpatricks chambers called and told her not to appear in court on the morning  8/19/2013 because I’d been arrested. ODD BECAUSE I HADN’T BEEN ARRESTED IN THE MORNING OF 8/19/2013… ODD BECAUSE THE COURT NEVER CALLED ME TO TELL ME NOT TO COME IN… ODD BECAUSE THESE COMMUNICATIONS WERE EX-PARTE COMMUNICATIONS BY THE COURT WITH MY WIFE’S LAWYERS!

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OTHER ISSUES FROM EARLY IN MY DIVORCE:

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GAVEL DIVORCE

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7.9/2011 My visitations with my children were converted to Supervised visits without a Plenary hearing. When I filed a motion in 9/2011 for Plenary hearing Judge Fitzpatrick refused to schedule the plenary hearing AS REQUIRED BY LAW. SHE ALSO REFUSED TO GIVE ME BACK MY UNSUPERVISED VISITATION.

8. 2011 The Supervised Visitation order was ridiculous it required my wife and me to agree on a supervisor… so my wife just continued to refuse to agree to use any supervisor I wanted to use and refused to pay for supervision. The result was I rarely saw my children for the next 2 years. This was devastating because my children were 2yrs old and 4yrs old at the time and I couldn’t hug, hold, and love them or the next 2 years on a regular basis. IT WAS ABSOLUTELY DEVASTATING AND I NEVER WAS GIVEN DUE PROCESS BY THE COURTS TO ADDRESS THE ISSUE.

9. Domestic Violence Charges by my wife appeared to abused by my wife to separate me from my children. In 2010 my wife filed a DV claim and it was dismissed and she admitted she had falsely stated facts in the complaint. She said I showed up unnannounced despite the fact I had texts from her inviting me to come see the children. Judge Fitzpatrick never held my wife accountable for these apparent lies.

10. In 2012 My wife filed another DV complaint. I was entitled to a hearing in 10 days. Instead Judge Fitzpatrick coordinated with Judge Warshaw and Judge Debello to prohibit a hearing on the DV complaint for over 240 days.

When the case was finally sent to Burlington County the new judge said the Temporary Restraining order Should have never been entered!!

11. Judge Fitzpatrick (or somebody using her user name) created FRAUDULENT COURT DOCUMENTS STATING MY DV CASE WAS 19 DAYS OLD WHEN IT WAS 240 DAYS OLD … THIS OBSCURED THE CASE FROM TRIAL ADMINISTRATORS SO THAT THEY COULD NOT INVESTIGATE WHY MY CASE WAS TAKING SO LONG.

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SEE PROOF HERE:

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12. The DV court order for temporary restraints did not require a psychiatric evalution. but the DV Judges Judge Debello and Judge Fitzpatrick said the would not schedule my hearing unless I went to a psychiatric evaluation (that I consented to go to in the divorce case). I told them I wouldn’t schedule it until the DV matter was handled.

  • JUDGE FITZPATRICK AND JUDGE DEBELLO UNLAWFULLY REFUSED TO SCHEDULE MY DV CASE WITHIN 10 DAYS OF THE TRO AS REQUIRED BY N.J. LAW.
  • I researched the DV law and found that a DV case can only require a psych. eval if it is ordered as part of the TRO… In my case it was not!!
  • I told Both Judge Debello and Judge Fitzpatrick regardless of whether I was mentally ill or not it was irrelevant to whether or not I committed a crime, or committed an act of DV… so they needed to schedule the hearing. Additionally I reminded them there was no order for a psych eval in the DV case… THEY IGNORED MY MOTIONS AND LETTERS.
  • MY DV CASE WASN’T HEARD FOR OVER 425 DAYS, WHEN IT WAS HEARD IT WAS DISMISSED BY THE NEW JUDGE!!!
    I WENT OVER A YEAR WITHOUT SEEING MY KIDS BECAUSE THE COURT DENIED ME DUE PROCESS, VIOLATED THE DV LAWS, AND RETALIATED AGAINST ME!

PROOF & EVIDENCE JUDGE FITZPATRICK FRAUDULENTLY MARKED MY CASE AS 19 DAYS OLD WHEN IT WAS 245 DAYS OLD:

CLICK LINK ABOVE TO SEE DETAILS

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ALLEGATIONS AGAINST FOX ROTHSCHILD ATTORNEYS INCLUDE:

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Note: My wife was represented by Fox Rothschild. They are professional lawyers, but they litigate with a win at all costs strategy that appears to be ignorant of due-process for their client or adversaries.

Jennifer-Weisberg Millner – a lawyer for over 20 years surely should have known that the submissions by my wife of altered evidence were not admissible in court and that submitting such documents was unethical… but she was complicit with it.

Eliana Baer – Testified to false facts on 12/5/2012 by stating I had sent my wife over 12 emails in a single day.. This was a flat out lie and Elaina Baer never submitted any evidence to substantiate this claim. This was unethical and despite my numerous discovery requests Elaina Baer never submitted 12 emails sent in a single day… she lied.

Jennifer Weisber Millner (Jennifer Millner) should have known that both her clients due-process rights and my due process rights were violated for the over 425 days that the DV case wasn’t scheduled, but she allowed it to happen without ever motioning the court for justice or adherence to the court rules.

Jennifer-Weisberg Millner & Eliana Baer have both been lawyers long enough to know that the sua sponte order Judge Fitzpatrick issued to strip me of my right to represent myself was unlawful and a violation of court rules, yet they were complicit with it.

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CONCLUSION

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1. In the end all of this will cost my wife and I much more time and money to resolve, which only benefits these slimy lawyers from Fox Rothschild.

2. I reported all of my concerns to the A.C.J.C. for Judicial Misconduct, Judge Glenn Grant – Acting Administrator of the Courts, Judge Mary C. Jacobson, etc… all of them just worked to cover this up, even after my cases were transferred to Burlington County where the retaliation continued under Judge John Tomassello who continued to violate my rights and retaliate for Judge Fitzptrick

3. Judge Tomasello is a total scumbag in my opinion. He actually took ex-parte testimony during the divorce trial and refused to allow me to cross-examine the witnesses he did this with. he also along with Judge Bookbinder prohibited me from appearing in court for my own trial dates on 2/18/2014 and 2/19/2014… THIS WAS ALSO UNLAWFUL AND MEANS MY FINAL ORDER FOR DIVORCE IS NOW VOID AND I HAVE TO GO BACK TO COURT FOR MORE TRIAL DATES JUST TO GET JUSTICE THAT SHOULD HAVE BEEN PROVIDED BY LAW AND BY COURT RULES.

MOST IMPORTANTLY HERE IS THE BOTTOM LINE:

N.J. FAMILY COURT IS CORRUPT & INCOMPETENT – THE JUDGES FEEL THEY ARE ABOVE THE LAW AND THEY DO NOT CARE ABOUT THE BEST INTERESTS OF YOUR CHILDREN.

ALL THEY WANT TO DO IS HELP THEIR FRIENDS IN THE LOCAL BAR ASSOCIATION FLEECE YOU FOR ALL YOUR MONEY AND THEN ISSUE COURT ORDERS THAT WILL KEEP YOU DESTITUTE AND UNABLE TO HIRE A LAWYER TO GET JUSTICE.

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CLEARLY THESE PEOPLE MUST NOT UNDERSTAND THEIR OATHS OF OFFICE

…. PERHAPS THEY ARE CONFUSED???

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Robbing Justice

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

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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  ]

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

ORIGINAL EMAIL POSTED HERE:

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

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.:

===========================
ATTACHMENTS:
===========================
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)

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

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

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

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)