We provide reports, and hope to keep you up to date on this major legal challenge.
CALIFORNIA CONSTITUTIONAL CHALLENGE, POSTSCRIPT
Dear People,
Yesterday, Friday June 14, 2002, approximately 50 to 70 people gathered in support of a formal Constitutional Challenge that was filed in San Francisco Superior Court.
The days' events were opened by a street play, which parodied the present court system. Then, several speakers took the podium who moved the crowd with their palpable, salient; and often powerful stories which displayed the outright collapse and corruption of the modern court systems. Approximately 20 individuals joined the suit by way of a legal process called INTERVENTION and signed right then and there (using CCP $ 387 as the cited authority). Amazingly, even after the event, we still have various persons still filing their interventions with the court in order to join suit with this Constitutional Challenge.
The First speaker was John Nuccio, whose own daughter had died because of the malfeasance of the court and irresponsibility of his ex-wife who was eventually criminally charged because of that death. Mr. Nuccio has fought valiantly for return of his son, who now lives in a similar danger of his life, due to the irresponsibility and outright feminization of the courts. His case clearly shows, that even when the mother is a direct danger to the children (causing death), the courts will STILL bend over backwards to give women rights and ignore Fathers' palpable warnings. This means of course, that if a man is indeed responsible--the courts will threaten and endanger the children's lives in order to adhere to political correctness.
Other speakers again showed the panorama of problems fathers face: kidnapping of their children; outrageous child support awards against the father; false abuse allegations to disenfranchise men; abandonment by the legal system; imprisonment for a debt; and a host of other problems that these courts are specifically implementing against fatherhood.
Sadly, even though more than 200 media groups were contacted, both by mail and by phone as well as personal visits, no media showed up to this event to report it. Again, this is in direct accordance with the silent treatise, which is where the media have joined to uphold the government-media complex, and intentionally keep the mass public ignorant of the real issues, and real news which is occurring in our society. The public doesn't know about the plight of fatherhood, because the media doesn't want the public to be informed nor educated upon this subject. The media are intentionally protecting the courts (and their open criminality), and ignoring real news, at the expense of certain groups--such as fathers groups who are now criminally enslaved by this system making money off of them by government "programs".
However; Livebeat Dads, along with Madmen United and "Legends" Legal Aid Society were not dissuaded. With all the legal paperwork at their disposal, they formally filed into the court, located at 400 McAllister street and formally filed a WRIT OF PRECIPAE showing the court clerk her duties to formally and her mandate to legally file legal documents. We then filed a Judicial Notice of the Petitioner Robert Lindsay; Cheney Jr. to allow other persons to join by way of Intervention into this action; and, we then formally filed the formal Constitutional Challenge.
There was great consternation behind the counter as court clerks read the documents. The court clerks claimed that the documents needed a "Judicial Council Cover sheet" (a form, developed by the Judicial council and NOT mandatory). When the legal process servers demanded from the court clerks for them to produce the MANDATORY law that mandated that the Petitioner have this "Judicial Council form" the court clerks could not produce it and they began getting mulct and very quiet. The court clerks then stated that there had to be another Judicial Council form for an In Pauperis Forma (fee waiver) filed for this matter--to which again; the people serving noted that a formal and legal In Pauperis Forma motion had already been filed into this matter upon a NOTICE OF INTENTION TO FILE HABEAS CORPUS which had already been filed. Again, the petitioners process servers demanded from the clerks to produce the law which mandated that a Judicial Council In Pauperis Forma motion form HAD to be used, and again; the clerks got mulct and silent, and could not produce the law requiring it. (There is none).
With all legal forms formally filed, the process servers demanded filing of the Constitutional Challenge, to which after the court clerks again, went back and held a nervous discussion on the matter and taking inside direction for what they should do. Finally after over an hour wait, they came back and refused to file the CONSTITUTIONAL CHALLENGE...to which the petitioner's process server Nelson Kenyon formally told them "You have been served" pushed the documents into the open slot in the window and filed the massive paperwork onto the court clerks' desk.
Reluctantly, the court clerk gathered them all up and took them. Presently, after a short wait for a mail response from the San Francisco Superior Court; the Constitutional challenge will be formally filed into the California Supreme Court (as a writ of right) where we expect the exact same thing to occur.
Again, the Constitutional Challenge is a WRIT HABEAS CORPUS, the greatest legal document in mankind. It cannot be suspended in any way shape or form, however; these courts are insolent and arrogantly refusing to even accept the document. This is not just a danger to all Californians, but to all FREE PEOPLES....as every free nation has the Habeas Corpus as a writ of right, which cannot be suspended "except" in cases of war or insurrection.
They are, and have been and will in the future; continue to illegally suspend it, in direct violation of law.
They are telling fathers, that we can have NO redress, no matter what form we seek it in. Their own laws state that "IF" the Writ of Habeas Corpus is refused, (as it was today in San Francisco)--then, it is a $10,000 fine against them, of which we are filing suit against the Court clerk in San Francisco.
Again, it is becoming shamefully clear, that the people within the courts; hate our free and lawful form of government--and that they are "doing something else" and not obeying the law, and are completely arrogant to the legal forms of trial. The idea that they will, without formal comment or legal reason, suspend the Writ of Habeas Corpus--is not only shocking, it is proof that these people are in fact, a domestic enemy and a danger to ALL free Americans...not just fathers. What we must note here is that the "rule of law" is no longer in existence in this nation. What we are faced with is a power and political struggle.
This was readily displayed upon the legal filing in court where the President of Live Beat Dads was filming the event. A court bailiff came up to him and with great invective told him not to film, or that he would beat him to a pulp (or something to that effect). This gross and open threat was captured on video, and shows the contempt those whom are in the system have for those "who dare" stand up for their constitutional rights.
Again, these people are acting more like the enemy because they are the enemy. As those who would be our public servants would not even consider attempting such outrageous acts. We now are formally filing to the California Supreme Court where we fully know and understand that a similar violation of law will occur.
Again, we must recognize an enemy when we see it. We have no hope by the present corrupt regime embedded within these courts. The same is true within the Federal system as well. These courts are only there to uphold violations of law, openly and arrogantly committed by those people in governmental power.
We have palpable legal issues presented in the courts, which the courts are doing everything in their power NOT TO HEAR OR ADDRESS IN ANY WAY, SHAPE, OR FORM. It is clear, that these courts are only there to uphold the present regimes open corruption.
Many good people expended huge amounts of time and monies putting on this endeavor. Steve Light and Richard Pitchers, as well as Terence Moore are to be most noted and commended. Fathers came from around the state in which to participate in this endeavor. And a coalition of Fathers' Rights groups participated.
We will push this Constitutional Challenge up the courts. Please stay tuned. Thank you for your support.
Sincerely, Robert Lindsay; Cheney Jr.
Sat 15 June 2002.