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free constitutional lawyer richard fine, rise an fight the mafia in black robes

Posted on | December 19, 2009 | 7 Comments

Richard Isaac Fine

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Richard Isaac Fine

Richard Isaac Fine (1940- ) is an American taxpayers’ advocate, anti-trust attorney, and former U.S. prosecutor. Fine investigated the Los Angeles, California City government under the Anti-Trust Division of the U.S. Department of Justice, then founded the first Anti-Trust Department for Los Angeles County. The State Bar of California disbarred Fine in 2007, and since March 4, 2009, he has been jailed in solitary “coercive confinement” albeit with neither warrant nor valid and effectual conviction nor sentencing records.

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[edit] Childhood, education, government employment

Fine was born and raised in Milwaukee, Wisconsin to a middle-class family. He earned his baccalaureate degree from the University of Wisconsin–Madison, his law degree from the University of Chicago, and a doctorate from the London School of Economics. Fine served at the U.S. Department of Justice (1968-72) in the Anti Trust Division. Later he served the City of Los Angeles (1973-74) in anti-trust capacities.[1]

[edit] Private Practice

In private practice, Fine was successful as an anti-trust attorney in pursuing taxpayers’ cases against the County of Los Angeles and the State of California.[2] His resume shows his efforts have returned approximately $1 Billion Dollars to California taxpayers.[3]

[edit] Disbarment

Fine’s disbarment in October 2007 was the outcome of administrative procedure of the State Bar of California, where he was charged with “moral turpitude” for filing complaints against judges who’d received illegal supplemental payments from Los Angeles County while ruling favorably in cases in which the County was a party. [4] Fine alleged violations of his First Amendment rights in response.[5] Fine’s petition for review to the California Supreme Court was denied, allowing the disbarment to stand. Fine was listed as being “involuntarily inactive” beginning 10/17/2007 and as of 3/13/2009 disbarred.[6][7][8]

[edit] Exposition of unconstitutional payments to California Superior Court judges

Richard Fine was the first to expose that unconstitutional payments were being made to Los Angeles County judges. In August 2001, Fine’s opening brief in the appeal of Silva v. Garcetti, revealed that payments of over $46,000 per judge, per year were being made by Los Angeles County to all (~430) Los Angeles County judges (and ~140 Commissioners).[9] The payments, now some $57,000 per judge per year, have been made since the late 1980s, costing taxpayers over $300 million to date, and figuring prominently in County’s “budget crisis”. [10][11] Fine also revealed that it had become practically impossible to win a case against the County at the Superior Court.[12]

Litigation, which originated from taxpayer objections to such payments, and where plaintiff Harold Sturgeon was represented by Judicial Watch Sturgeon v County of Los Angeles (BC351286) resulted in a October 2008 decision by the California Court of Appeal,4th District (San Diego) that the payments were constitutionally “not permitted” as judges were to be paid only by their employers, the State of California.[13] To counter potential civil and criminal liabilities to all California judges, and the county supervisors who approved the payments, a bill was passed and signed into law by California Governor Arnold Schwarzenegger on February 20, 2009, providing retroactive immunity to all involved. [14][15][16][17]

[edit] March 4, 2009 arrest and jailing

Two weeks later, on March 4, 2009, Richard Fine was arrested by the Warrant Detail of Los Angeles County Sheriff’s Department, at the end of a dramatic proceeding, represented as “Sentencing” – in the presence of media – by Judge David Yaffe, whom Richard Fine was attempting to disqualify. The basis for affidavits of disqualification for a cause was Judge David Yaffe’s accepting of such payments from a party to the litigation then at bar – Marina Del Rey Home Owners’ Association v County of Los Angeles (BS109420).

Strangely, the entire proceeding later failed to appear in the publicly available litigation chronology, published online by the court. Likewise, the court record that was the March 4, 2009 Judgment and Order of Contempt, including what was represented as sentencing, which was widely reported by media present on March 4, 2009 in court, was later discovered to be invalid on its face. [18]. The record also was lacking authentication.[19]

Richard Fine has been held ever since at the Men’s Central Jail facility in Los Angeles – part of the Twin Towers Jail complex, under unusual, possibly unprecedented conditions.[20][21] He has been held under continuous solitary confinement, in a hospital room in the jail, albeit – no disease or disability were ever claimed by jail authorities. In the first few months of his jailing, he was denied access to pen and paper, and such conditions undermined his ability to file habeas corpus and related petitions. Jail authorities also explicitly attempted in the initial period to deprive him of the right to represent himself in pro se, and to coerce him to accept representation by counsel, which Fine declined. On June 7, 2009, the Los Angeles Times published report by female Journalist Victoria Kim, who managed to enter the Men’s Jail, interview Fine, and emerge out of the jail unnoticed, at a time that the Sheriff’s Department and the court banned interviews with Fine.[22][23]

[edit] Failed petition for a writ of habeas corpus and an emergency petition

Fine’s petition for a writ of habeas corpus, Fine v Sheriff Department of the County of Los Angeles (2:09-cv-01914)[24] was dictated by phone to a friend, and was filed on behalf of Richard Fine at the U.S. Court, Central District of California (Los Angeles), but without his hand signature, and without review of the filed document by him. Key documents were later claimed missing from the docket.[25] The case was unusual in that the Sheriff, named as respondent, refused to respond.

Eventually, response was filed by the Los Angeles Superior Court and Judge David Yaffe. However, such response was filed by attorney Kevin McCormick, who failed to file the required certifications indicating that he was indeed engaged as Counsel of Record in the case by his clients, and therefore authorized to file and appear in the case on their behalf. In Attorney McCormick’s response there was no evidence that he had ever communicated with his clients. Similarly – The records which he filed, were all derived from the Sheriff’s Department, not from the Court, including a copy of the invalid March 4, 2009 Judgement and Order for Contempt, with no authentication. Attorney McCormick’s filings included a short declaration by counsel – not a competent fact witness in this case, not by Judge David Yaffe or any officer of the Los Angeles Superior courts. A scheme, involving representation by counsel – albeit not counsel of record – with “not communications with client” clause, had been previously discovered and rebuked in an unrelated case in Texas, in March 2008, and a 72-page Memorandum Opinion provided the details of such schemes.[26]

The June 12, 2009 Report & Recommendations issued by Magistrate Carla Woehrle concluded by recommending denial with prejudice.[27] The 25 page review, carefully referenced, was distinguished as habeas corpus review by the fact that it failed to ever explicitly state the caption of the Los Angeles Superior Court case that was under review, or ever mention the word “warrant”.[28]

A June 29, 2009 Judgment issued by Judge John Walter[29], who presided in the case after a number of recusals, accepted the recommendation.[30] However, both of these court papers, like all papers issued by the U.S. District Court in this case lacked authentication,[31] required to make court papers valid and effectual,[32] and were therefore of dubious validity and effect – at best. [33]

Likewise – a petition filed on Fine’s behalf at the U.S. Court of Appeals for the 9th Circuit – Fine v Sheriff (09-71692), was denied, but the June 30, 2009 Order denying the petition, bearing the names of Chief Judge Alex Kozinski[34] and Circuit Judges Richard Paez[35] and Richard Tallman[36] was unsigned, unentered, and lacked authentication as well. [37]

The circumstances surrounding these denials remain unclear, since Richard Fine has been held at the time of this writing (November 2009) for seven months with no warrant at all.[38] The information provided by the Sheriff’s Department of Los Angeles County in this matter on it Inmate Information Center was incorrect, [39] and possibly misleading. The arrest and booking were listed as if they had taken place at Municipal Division 86 at the San Pedro Courthouse. However, no such agency existed. In fact – no municipal courts existed in Los Angeles for almost a decade.

[edit] Public responses and perspectives

Fine’s jailing was perceived by many as false imprisonment, and became the center point for demands for reform of the judiciary. Small rallies took place outside the Men’s Central Jail, and fundraisers were organized to help sponsor his legal expenses.[40] Fine’s jailing and the underlying secret payments to judges were also mentioned as diminishing the prospects of California Supreme Court Justice Carlos Moreno, one of the recipients, for nomination to the U.S. Supreme Court. Embattled Chief Judge of the U.S. Court of Appeals for the 9th Circuit Alex Kozinski, never commented on the unsigned order issued in his name in this case, which appeared inconsistent with his usual liberal, civil rights-sensitive, judicially-incisive reputation.[41] The fundamental judicial wrongdoing at the Los Angeles Superior Court, as alleged by those who consider the case False Imprisonment,[citation needed] should be viewed in perspective of the widespread False Imprisonment instances of the Rampart-FIPs (Falsely Imprisoned Persons) affected by that court. Such false imprisonments had been documented already a decade ago, as part of the Rampart scandal investigation (1998-2000), and were estimated by PBS Frontline at many thousands.[42] However,the latest official Rampart scandal report – by the Blue Ribbon Review Panel– titled Rampart Reconsidered (2006) – documented the Superior Court judges as key parties in the ongoing refusal to free the Rampart-FIPs over the past decade. The report recommended “external investigation” of the Los Angeles justice system, which was never instituted. It also singled out the Los Angeles Superior Court as requiring review.[43], [44],[45]

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Comments

7 Responses to “free constitutional lawyer richard fine, rise an fight the mafia in black robes”

  1. Azid
    December 19th, 2009 @ 10:25 pm

    And praise Allah, you will also soon be disbarred and imprisoned as well.

  2. Thomas
    December 20th, 2009 @ 1:21 am

    Islam originated in Old Testament when Abraham & Sarah could not conceive , Sarah then gave Abraham her maidservant Hagar which then Hagar & Abraham had a child named Ishmael [( Islam )Arabs] then Sarah & Abraham had a child Isaac
    who was the father of Jacob ( who is Israel )
    which is the lineage of ” Christ Jesus ” so by what you have proclaimed of ” Allah ” is Islams hatred of ” Christians ” comparable to a spoiled Child throwing a tantrum , because even though ” GOD ” did create all , Islam is not in the Lineage of ” Christ Jesus ”
    ————————————
    If you wish to debate , may I advise you to
    try to get some type of an education first !!!!

  3. queenofshina
    December 20th, 2009 @ 4:03 am

    And you’ll probably burn in hell, Azid, since you obviously pray to a false God.

  4. Pixel Patriot
    December 20th, 2009 @ 4:07 am

    Azid…
    when and where

  5. truthbetold11
    December 20th, 2009 @ 11:38 am

    Jesus said ‘ I’m the way,the truth and the life no one comes to the father except through me’ That about sums it up. Not buddah,bahi,allah,etc you will go to heaven of their god not the heaven of jesus.

  6. drmoses AARP 3%er!
    December 20th, 2009 @ 11:50 am

    Azid, please blow yourself up, and enjoy your 70 virgins….Idiot!

  7. Silas
    December 22nd, 2009 @ 12:11 am

    More information about this case can be found on Wikipedia – search Richard Fine.
    Also, another website has video/audio interviews with Mr. Fine and the latest is dated Dec. 20. See the fulldisclosure dot net site.