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LETTER TO COURT – FATHERS DAY WITHOUT MY KIDS

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Today is fathers day.  Its a day of reflection for families across America. It is a day for you to also reflect with regard to how your actions have destroyed the two young children pictured in this email.

Day First TRO was Dismissed bc Wife Lied

Day First TRO was Dismissed bc Wife Lied

 

PLEASE LOOK AT THE INNOCENT CHILDREN – WHOSE LIVES YOU ARE PUTTING IN DANGER BY CREATING RISK FACTORS RELATED TO FATHERLESS SINGLE-MOTHER-PARENTING… PARENTING BY A WOMAN WHO HAS ADMITTED IN COURT SHE LIED TO POLICE, LIED TO 911 AND BLAMED HER OWN ACTIONS ON HER 3-YR OLD SON.

THESE CHILDREN ARE TRULY AMAZING SPIRITED KIDS – WHO HAVE A PASSION FOR LIVING – YOU ARE DESTROYING IT. YOU ARE HURTING CHILDREN AND THERE IS NO GREATER SIN IN LIFE!


RECENT HISTORY – RECENT HORRORS PROPOUNDED ON ME AND MY KIDS:

My son and daughter have repeatedly asked me when their next “daddy visit” . My children and I had an extremely close bond. I would drive 400 miles round trip to see them for 4-6 hours, while working 50 hrs a week. I’d often get home at 2am and be at work at 8 the next day.  That’s how much I love my chldren.

Yet in Family Court none of that mattered.   The NJ Family court NEVER did a custody evaluation, never had an expert witness meet my children or review my parenting time. Yet this court terminated my parenting time based on NOTHING  but speculation, most of it based on fraudulent expert testimony (I have the recordings… Vivian Shnaidman lied on the stand – we met for about 12 minutes, she claims 40 minutes… its false and the tapes I gave the FBI prove it).

I haven’t seen my children since 7/2012 (despite a court order for weekly visitation), the court NEVER HELD MY WIFE IN CONTEMPT EVEN THOUGH SHE ADMITTED OBSTRUCTING VISITATION WITH UNILATERAL DEMANDS.

My court ordered phone calls were also unilaterally cancelled by my wife, and again the court did nothing to remedy it.

THE TRUTH IS WELL KNOWN IN NJ:
It’s quite obvious all the court cares about is creating child support in order to get access to federal money, and to over-bill the federal government to create kickbacks… this is New Jerey, the public knows our government is corrupt.

The family court is a racket. You speak of “honor” and justice, but its just a scam for deniability.  Judges meet with experts wintesses before trials, and lawyers at private meetings, and you all work to server your own interests firsts (it’s in your oaths…. uphold 1 court,  2 constitution, 3 law, 4 clients interests)…. unfortunatley judges refer to themselves as “the court” so in truth lawyers first responsibility is to protect and enrich the interests of judges before any other responsibility.

I wouldn’t care frankly, if you weren’t simultaneously using your code of conduct to blackmail me, destroy my good name, and destroy the most prized relationship in my life.

Please understand:

I can not emotionally move on from being a father. There is no income without my children.   You can’t change my emotional make-up. I can’t go back to work without a parenting role.  It’s not an unwillingness… its an incapability.

You may find it hard to believe, but some people in this world still have their life priorities in the proper order.   I live for my kids. Without my kids I am nothing.  There is no purpose in work that doesn’t allow me to share my life with my children… none.

As I stated before this experience has been disabling. Your only chance to scalp money from me will be a disability check. I’ve applied and await my approval of disability.

Good Job btw… You took a guy who was highly productive and innovated in every job he had, and you destroyed him, thereby reducing his ability to provide for his children.

You then traumatized the children needlessly without ever substantiating a single act of child abuse or neglect, and without ever evaluating the children’s relationship with their father, through first person witnesses…. that is insane.

MERCER COUNTY SHERIFF’S:

You participated in ex-parte communications with the trial judge, entered my house illegally – while helping my wife enter my home in violation of Judge Fitzpatrick’s court order… she was later found in contempt for that.

(Yes, I know Jennifer Millner Called you and told you that you could enter my home with my wife, she knew she was violating a court order too, but she also knew that her co-Bench-Bar-subcommittee colleague Judge Fitzpatrick would never hold her accountable in a court of law… so you all aided an illegal search and seizure of my property in 2011).

Then the Mercer County Sheriff’s further violated my person by kidnapping me on 8/19/2013 and lying in O.P.R.A. requests and to the FBI.

Mercer County Sheriff’s have now destroyed their credibility with the FBI, because the FBI knows you lied to them.

What a mess!

I am amazed at the lengths you people will go to to hurt a good man and assassinate his character and his family ties.

YOU ALL NEED TO WAKE UP… I AM NOT THE BAD GUY HERE.   I AM PROBABLY THE MOST PRINCIPLED PERSON IN THIS EMAIL, I NEVER DECIDED TO “PLAY BALL” AND LET YOU HURT THESE KIDS… I MADE THE TOUGH CHOICE TO FIGHT FOR WHAT’S RIGHT.

YOU ALL MADE THE CHOICE TO COVET MONEY AND CAREER OVER PRINCIPLES…. REFLECT ON THAT, BECAUSE THAT’S WHO YOU ARE.

Kind Regards,

Derek Syphrett

JUDGE RONALD E. BOOKBINDER VIOLATES THE LAW

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MY REASONS FOR FIGHTING FOR MY RIGHTS
CITATIONS OF “THE LAW” SUPPORTING MY POSITION

MY REASONS:

I AM PUSHING THE ISSUE, BECAUSE AT THIS POINT, THE ABUSE HAS GONE WAY TO FAR, AND

IF I DON’T STAND UP FOR MYSELF THEY WILL MOST ASSUREDLY HAVE ME JAILED FOR NOT PAYING (“ARBITRARY AND CAPRICIOUS”) CHILD SUPPORT + ARREARS.

I MAY NEVER SEE MY CHILDREN AGAIN IF I DON’T

MY POINT TO JUDGE BOOKBINDER CONTINUES TO BE:

1. JUDGE BOOKBINDER’S COURT ORDERS ARE _LEGALLY
2. JUDGE TOMASELLO’S FINAL ORDERS ARE NULL AND VOID AS THEY SIT (pursuant “The Law”)




I NEVER HAD A TRIAL THAT “APPEARED FAIR” OR THAT WAS CONSISTENT WITH COURT RULES OR PROCEDURE! As many of you are aware in response to how my divorce “trial” and the civil restraints of Judge Bookbinder I have declared all final orders in my matrimonial and domestic violence matters to be LEGALLY NULL AND VOID, due to the failure of the court to abide by my constitutionally protected rights to due process / litigation privileges / first amendment rights, and right to access the court.

Notably:

1) Ronald E. Bookbinder violated Judicial Canons 2A, 2B, 3A(1), and 3A(6) in his handling of my matters. In fact he continued to violate canon 3A(6) with the sending of the attached letter as he did not copy all the interested parties to the captioned cases the letter purports to address (including Mercer County Prosecutor’s office, and Kathryn Bischoff).

2) *The civil restraints issued on 2/6/2014, 2/11/2014, 2/19/2014, 3/10/2014, and 3/11/2014:*_*restrained me from such activities including (SEE CITATIONS BELOW)

A)*RESTRAINED FROM: Appearing in court, without “express permission of a Superior Court Judge”.

These restraints in the prima facie thereby restrained me from appearing
in court for my own trial dates:

When I didn’t appear ex-parte trial and testimony were permitted, thereby:
  creating void court orders in all my legal matters. This portion of the civil restraint order violated:

United States Constitution Bill of Rights, Amendments: 1, 9, and 14

 (i) 1st Amendment: congress (sole legislator of the law per constitution), shall pass no law abridging free speech of a citizen

(ii) 9th Amendment: “The enumeration in the Constitution of certain rights, SHALL NOT be construed to deny or disparage others retained by the people”

(iii) 14th Amendment: One of the two due process clauses in the bill of rights. (note due process is the only right mentioned twice in the Bill of Rights).
Partial quotation includes

“No State SHALL abridge any privileges or immunities of Citizens of the United States, nor SHALL any state deprive any person of life, liberty, or property without due process of law, nor deny any person within its jurisdiction the equal protection of the laws”

B) RESTRAINED FROM: Communicating with the court in any way contrary to the court rules. This restraint violated my constitutional rights, litigation privileges as a citizen, and binding common-law of the U.S. Supreme Court, Federal Courts, 3r circuit & N.J. including:
(a)  A SLEW OF BINDING PRECEDENTS PROTECTING THE RIGHTS OF PRO SE LITIGANTS  DECIDED BY the U.S. Supreme Court, Federal Courts, 3r circuit & N.J. including:

(i) Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972);

(ii) Picking v. Pennsylvania Railway , (151 F2d. 240) Third Circuit Court of Appeals. In Picking , the plaintiffs civil rights was 150 pages and described by a federal judge as “inept.” Nevertheless, it was held: Where a plaintiff pleads pro-se in a suit for protection of civil rights, the court should endeavor to construe plaintiffs pleading without regard to technicalities.

 

(ii) Todaro v. Bowman, 872 F.2d 43, 44 n. 1 (3d Cir. 1989);


Findings of Todaro Court:  As a pro se litigant Todaro is held to less stringent pleading standards and we will afford him a liberal interpretation of our procedural rules. We will, therefore, consider the first amendment claim as properly before us. (iv) McTeague v. Sosnowski, 617 F.2d 1016, 1019 (3d Cir.1980).

(v) Boag v. MacDougall, 454 U.S. 364, 365, 102 S.Ct. 700, 70 L.Ed.2d 551 (1982);

 

 FURTHER THIS RESTRAINT:violated my constitutional rights (1st Amendment Rights), litigation privileges as a citizen, and binding common-law of 
the U.S. Supreme Court, Federal Courts, 3r circuit & N.J. including:

(a) Elrod v. Burns, 427 US 347 – 1976 – ‎Supreme Court (a great first amendment case from 1976)

NOTE THE U.S. SUPREME COURT FINDINGS IN Elrod v. Burns: pursuant Buckley v. Valeo:

(i) Supreme Court Finding:“Though First Amendment rights are not absolute, they may be curtailed only byinterests of vital importance, the burden of proving the existence of which rests upon the government”
See Also: Buckley v. Valeo, 424 U.S., 94,1

(ii) Relevance to Judge Bookbinder’s Civil: Judge Bookbinder has shifted the burden of proof from the court to the Defendant, and restrained my first amendment rights without producing any evidence, witnesses, or satisfying a burden of proof prior to restraining my 1^st Amendment rights and litigation privileges during active trials.

(b)Buckley v. Valeo,424 U.S. 94 1 (A Great 1st Amendment Case)
THIS RESTRAINT FURTHER INTERFERED WITH MY LITIGATION PRIVILEGES AS RECONGNIZED IN THESE BINDING PRECEDENTS IN N.J.:

 

 

(k) Loigman v. Township Committee of Tp. of Middletown, 185 N.J. 566, 579–80 (2006).
(l) Rickenbach v. Wells Fargo Bank, N.A., 635 F. Supp. 2d 389 (D.N.J. 2009) 


Finding: Noting that litigation privilege has broad application to nearly all tort claims except claims for malicious prosecution). comments from:By Karen Painter Randall – December 11, 2012 – ABA Article

(m) Hawkins v. Harris, 141 N.J. 207 (1995):

  1. With this broad application in hand, New Jersey Courts have firmly established that the privilege applies to “any communication: (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that have some connection or logical relation to the action.” (By Karen Painter Randall – December 11, 2012 – ABA

 

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.

 

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BELOW IS A LETTER / EMAIL I SENT

DETAILING MY OUTRAGE AND CONCERN

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

[ LETTER SENT TO:

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

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

 

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

 

THE PUBLIC CAN EMAIL THESE FINE PEOPLE TOO

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

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ORIGINAL EMAIL POSTED HERE:

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

Prosecutor Bochini & Police Accountability Project:

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

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

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

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

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

The bottom line here is that:

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

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

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

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

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

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

Kind regards,

Derek Syphrett

ANOTHER EMAIL SENT EARLIER TO SAME PEOPLE:

Dear Police Accountability Project:

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

INTRODUCTION:

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

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

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

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

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

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

SUMMARY OF CORE ISSUE:

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

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

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

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

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

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

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

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

 

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

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

STATEMENT OF FACT:

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

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

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

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

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

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

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

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

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

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

CONCLUSION:

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

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

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

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

Thank you for your assistance,

Derek C. Syphrett

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

P.S.

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

[PUBLIC RECORDS:] 

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

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

 

 EARLIER EMAIL SENT TO MERCER COUNTY OFFICES

——– Original Message ——–

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

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

===========================
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)