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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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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:
- THIS WAS NOTHING LESS THAN A KIDNAPPING UNDER FALSE PRETENSES
- WHAT I’VE JUST DESCRIBED IS A CRIME
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THE SET-UP:
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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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(I am only disclosing what I’ve shared with Mercer County I have more evidence than this).
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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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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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- 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)
- 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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ALL NEW ARTICLES APPEAR BELOW THIS PERMANENT POST
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New Jersey Family Court Corruption 