Interview with Investigative Journalist Janet C Phelan about Cary Andrew Crittenden is an activist who is currently incarcerated in Santa Clara County

Janet C Phelan is an investigative journalist with New Eastern Outlook. She is the author of EXILE, which discusses the circumstances under which she fled the United States. Janet focuses on issues related to legal corruption and maintains a special interest in biological weapons. 

Cary Andrew Crittenden is an activist who is currently incarcerated in Santa Clara County Jail. Crittenden has become outspoken against corruption in Santa Clara County and has now been repeatedly jailed in that locale. 

Call in to speak with the host

2/02/2016 06:00 PM

(646) 668-8727

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Activists are being locked up, murdered and silenced via dishonest courts, police and government. They fear social media because their usual threats and tactics don’t work. Innocent, hard working good people who do the right thing come forward exposing corruption are victimized by criminals hiding behind a government image. Please help by calling officials and giving them a piece of your mind.

Posted by Police The Police on Monday, February 1, 2016

New Eastern Outlook provides a daily analysis on the world affairs and events with focus on MENA and Asian countries. https://twitter.com/JournalNEO

 

This Next section shared from: http://www.uglyjudge.com/santa-clara-county-california-government-conspiracy-exposed-police-falsified-reports-to-frame-whistle-blower-cary-andrew-crittenden/

Santa Clara County California Government Conspiracy Exposed Police Falsified Reports To Frame Whistle Blower Cary Andrew Crittenden

Santa Clara County California Government Conspiracy Exposed Police Falsified Reports to frame Whistle blower Cary Andrew Crittenden

Santa Clara County California Government Conspiracy Exposed Police Falsified Reports to frame Whistle blower Cary Andrew Crittenden

Crime exposed by Cary-Andrew Crittenden
The victimization of mentally disabled Heidi Yauman October 2012

The death of Markham Plaza tenant cover up Robert Moss

Heidi was fraudulently evicted from Markham Plaza Apartments in October 2012 (Case: 1-12-CV226958) The address for Markham Plaza is 2000/2010 Monterrey Road in San Jose, CA.

The attorney representing Markham Plaza is Ryan Mayberry  Bar 232622 Markham Plaza is a HUD Subsidized apartment complex operated by EAH Housing.

The Public Guardian worked with Markham Plaza Property Management to facilitate the fraudulent eviction.

Heidi Yauman was evicted. Not Mr. Crittenden. Police Officer Robert Ridgeway filed a fake court pleading in Judge Manoukian‘s court to defraud Heidi of her housing at Markham Plaza (1-12-CV-226958)  Then in 2014, Officer Ridgeway, his wife and Detective Carroll filed a false police report which led to the arrest of Mr. Crittenden on September 16th ( Case: C1493022 )

Involved parties Santa Clara County
Attorney Ryan Mayberry  Bar 232622
San Jose Police Officer Robert Ridgeway
Deputy Public Guardian Arlene Peterson
Judge Socrates Peter Manoukian Bar 77289
Judge David Cena Bar 83173
Judge Rodney Jay Stafford Bar 54613 (Inactive)
Prosecutor Joyce Blair Bar 75849
Deputy Public Defender Jeffrey Dunn Bar 209548
Deputy Public Defender Thomson Sharkey Bar 132950
Public Defender Molly O’Neal, real name Martha Jane O’Neal Bar 150944
Sheriff Deputy Samy Tarazi  Badge 2029
Sheriff Deputy David Carroll  Badge 2022
Security officer Robert Ridgeway
District Attorney James Leonard Bar 203869
Probation Officer Michele Martin
Chief of Probation Laura Garnette

Document and Case Numbers
Santa Clara County Case C1493022
Detective Carroll false report: 14-182-0167
Preceded Carroll report: 14-287-0293B
Detective Samy Tarazi: 15-056-0301W
Internal Affair Case Number 2015-09

Detective David Carroll was taken off the case after it had been revealed that he lied on police report and fabricated evidence, then Detective Samy Tarazi replaced him. The internal affairs case for Detective Carroll is 2015-09 and this is under internal affairs sergeant: Alfredo Alanis His email address is Alfredo.alanis@sheriff.sccgov.org

Assistant DA James Leonard knew (or should have known) that evidence and reports for the case were , in fact fabricated but he still let them get submitted into court record as if they were “fact.”

There were several other officers involved. The two mentioned above are of the Santa Clara County Sheriff’s department and under the supervision of sheriff lieutenant Elbert Rivera.. (Badge# 1789)

Command officers such as Rivera are responsible for supervising all those beneath them in the chain of command and like Leonard, Rivera knew or should have known that these reports were falsified and evidence was fabricated to this case.

Exposing allegations of false statements on page 3, lines: 21 and 22 in Sheriff dept.  Report: by detective Samy Tarazi in which detective Tarazi misclassified evidence, and falsely claimed images were “harassing and annoying” and in violation of restraining order (PC 166(a)(4)

They were not “harassing and annoying”, nor did they violate terms of restraining order. (In order to violate restraining order, images would have had to be of harassing nature and published by me)

It’s  further alleged these false statements ( along with other statements such as in page 3 lines: 3-7) were used to fabricate probable cause for false arrest which occurred on March 24th, 2015.

Probation Officer Michele Martin is rubber stamping fake probation violations based on false and fabricated police report by Detective Samy Tarazi. She then uses the false police report by Detective Tarazi and recommended to the court that Mr. Crittenden be prohibited from using the internet ( So therefore, Michele Martin is trying to prevent Crittenden from exposing corruption and advocating for crime victims )

Detective Tarazi is fabricating reports just like Detective Carroll, but detective Carroll was replaced by detective Tarazi in early February because of publicity and pressure from social media.

Laura Garnette may be involved because as probation chief, she is responsible for the behavior of all probation staff. As Michele Martin’s boss, she should not allow behavior such as rubber stamped fake violations.

They are also FABRICATING FAKE PROBATION VIOLATIONS. ( Demanding Mr. Crittenden give password to Heidi Yauman’s computer which was stolen by Detective Samy Tarazi ) – Heidi is not on probation and is terrified of Sheriff’s department after being terrorized by Detective David Carroll.

The Probation Department is facilitating the stalking and harassment by District Attorney and Sheriff’s Department.

More detailed info on how it all got started HERE

Watch the show below for the entire story and more info

YOU CAN HELP BY EMAILING SANTA CLARA DISTRICT ATTORNEY JEFF ROSEN AND DEMANDING THEY DROP CHARGES. Email Jeff Rosen at Jrosen@da.sccgov.org

Also contacting the local New paper Mercury News HERE

People like James Leonard should be disbarred or fired regardless

Janet Phelan Reporter at Large talks about retaliation against Whistle blowers

Former Jailer Helped Plant Jailhouse Informants in Violation of Constitutional Law

Janet Phelan show with more info on the corruption

Santa Clara County Public Guardian Violates Fair Housing Act under HUD Jurisdiction.. The video below shows evidence of how those involved may be connected with an even bigger problem

Santa Clara County Public Guardian Violates Fair Housing Act under HUD Jurisdiction. Deputy Public Guardian: Arlene Peterson facilitated the illegal eviction of Heidi Yauman from Markham Plaza Apartments in San Jose, California. The HUD complaint (345092) was shut down by the Public Guardian

600 court cases under review in California corruption probe

Cases with similar courts and dishonest law enforcement
Prosecutorial and police misconduct are often dismissed as just a few bad apples doing a few bad apple-ish things. But what happens when it’s entrenched and systemic and goes unchecked for years?

Between San Diego and Los Angeles is Orange County, California. With more than 3 million residents, it’s larger than 21 states. If Orange County were a separate country, its economy would be the 45th largest in the world. Now known for Disneyland, the county may soon be known for having one of the most corrupt justice systems in the world. The width and depth and duration of the corruption truly boggles the mind. A case that should’ve been open and shut has blown the lid off some deep secrets.

On October 12, 2011, Orange County experienced the deadliest mass killing in its modern history. Scott Dekraai killed 8 people, including his ex-wife, in a Seal Beach beauty salon. He was arrested wearing full body armor just a few blocks away. Without a doubt, Dekraai was the perpetrator. A dozen surviving witnesses saw him. He admitted to the shooting early on. Yet, nearly four years later, the case against him has all but fallen apart.

It turns out that prosecutors and police officers committed an egregious violation of Dekraai’s rights—so much so that Superior Court Judge Thomas Goethals shocked everyone and removed the Orange County District Attorney’s Office, and all 250 prosecutors, from having anything more to do with the case.

Judge disqualifies all 250 prosecutors in Orange County, CA because of widespread corruption

Sent to us in an email:

In Santa Clara County, Cary-Andrew Crittenden was railroaded for a crime he did not commit after exposing what appeared to be several court cases deliberately mishandled by Judge Socrates Peter Manoukian. Crittenden was mis- led by deputy public defender: Jeffrey Dunn who misrepresented the meaning of the statute which Crittenden was accused of violating. Mr. Crittenden pled no contest, believing that he may have inadvertently violated an obscure law.

Crittenden was later re-arrested for publishing a news article about how he was targeted by the Santa Clara County District Attorney’s office. The district attorney retaliated against Crittenden for exposing the prosecutorial misconduct that occurred in case C1493022 and filed a restraining order against Crittenden The district attorney named himself a “victim” on restraining order on the grounds that the news article that was published caused him embarrassment.

Because the district attorney is named “victim”, the Santa Clara County Public defender’s office has prepared motion to disqualify the District Attorney on the grounds that being named as ” victim” creates a conflict of interest issue. The motion recommends the court allow the case to be heard by the California State Attorney General’s office.

The motion is scheduled to be heard in Santa Clara County Hall of Justice on July 31st, 2015 in department 52 before the honorable Judge Michele McKay-McCoy. McKayMcCoy@comcast.net

Contact and Support Cary-Andrew Crittenden on Facebook
More about Cary-Andrew Crittenden

More Cary-Andrew Crittenden Evidence Videos

Joyce Blair name seems to appear often when it comes to corruption charges
Prosecutor Michael Gressett Sues 20 People Involved in the Bogus Rape Case Against Him

More reports are coming in about James Leonard harassing people with fake restraining orders and cheating on court cases. This one here, the Todd Burpee case is significant because people coming forward believe that James Leonard mishandled DNA evidence to secure Burpee”s conviction.

Deputy District Attorney James Leonard, Sexual fetish was motive in 2007 attack on Palo Alto girl

PLEASE SIGN THE PETITION stop the conflict of interest, see video below

Truth is Truth Even if No One Believes it A Lie is a Lie Even if Everyone Believes it

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Michigan State Court to involuntarily inject Whistleblower VA Nurse Jodi Davies with Psychiatric Drugs to Silence her!

Whistleblower Jodi Davies of Michigan involuntarily injected psychiatric Drugs against her will by Probate Court

Life or death phone blitz ! I do not use these words lightly ! Jodi Davies tomorrow in Port Huron Mich. will be locked into a mental ward and forcibly injected to where she will require a diaper. she is of healthy mind and body , a brilliant and caring former VA nurse who exposed corruption. This is exactly what was done to Alexander Solzenetzin author of Gulag Archepelago : corrupt corporate government labeling patriots as mentally ill because we are smart enough to notice the corruption. Judges Tomlinson and chief judge Dave Kelly are about to commit murder: 810-985-2160/2060/2066 the court has seized Jodis assets including her 1700 dollar monthly social security. Guardians have been appointed to manage the theft and they refuse to talk with Jodi even though they are required to do so. Call them: Julie Marriot 810-985-2174 of course the real power player behind it all : archbishop Allen Vigneron 313-237-5816 if he’s a godly man FIX THIS PROBLEM !! CourtroomObservers &Studio1776.org

No accusation of any crime whatsover . She has not been indicted or even arrested . They have no material evidence of any crime or offense . She is obviously not a danger to herself or others . Difficult to believe isnt it ? Its happening . apparantly her mother is taking the side of the corrupt coporate court because the family wants to sell the grandmothers house where grandma and Jodi live and the mother cannot get her hands on the money until the house is empty and grandma is institionalized alomg with Jodi . also lots of state money for the witches court and the mental hospital so there is the incentive of greed plus they can quiet a patriot and truth-teller ….

Please listen to an emergency interview with Jodi in Michigan , probate court destroying her life , is attempting  to medicate and involuntarily inject a woman against her will by psychiatric Drugs to steal her social security payments and lock her up in a psych ward in St. Clair County Community Mental Health facility on Wednesday morning after researching because she is a whistleblower. Jodi Davies is totally normal. Jodi Davies :get details and hear interview on Studio1776.org

“When the Nazis came for the communists,
I remained silent; I was not a communist. When they locked up the social democrats,
I remained silent; I was not a social democrat. When they came for the trade unionists,
I did not speak out; I was not a trade unionist. When they came for the Jews,
I remained silent; I wasn’t a Jew. When they came for me, there was no one left to speak out.” Martin_Niemöller

studio1776blogtalkradio

Please call Judge John D Tomlinson behalf of Jodi Davies tell him you’re watching this case!
 Circuit Court Family Division

Honorable John D Tomlinson
County Government Office
 Address: 201 McMorran Blvd # 2600, Port Huron, MI 48060

Rights and Legal Issues – Involuntary Commitment

Medicating Patients Involuntarily at Psychiatric Hospitals

Medicating Patients Involuntarily at Psychiatric Hospitals  (Word* | also in  PDF*)

I. Introduction

All hospital patients with unimpaired capacity have the right to consent to or refuse treatment unless there is an emergency. In light of this right to informed consent, a patient can only be medicated involuntarily if

  • a guardian for the incapacitated patient consents,
  • the incapacitated patient has an advance directive that allows treatment over objection,
  • a District Court has ordered treatment with an involuntary commitment,
  • treatment is authorized following a clinical review panel,
  • treatment is authorized following an administrative hearing, or
  • a psychiatric emergency exists.

This summary is just an overview of the applicable laws. For more complete information, you should refer directly to statutes about guardianship and advance directives, http://www.mainelegislature.org/legis/statutes/18-A/title18-Ach5sec0.html External site disclaimer; to the statutes about involuntary commitment with involuntary treatment ordered, http://www.mainelegislature.org/legis/statutes/34-B/title34-Bsec3864.html;  to the statute about clinical review panel process,http://www.mainelegislature.org/legis/statutes/34-B/title34-Bsec3861.html; or to the Rights of Recipients of Adult Mental Health Services regulation RightsRecipientsconcerning administrative hearings for involuntary treatment or treatment during psychiatric emergencies.
For more complete information related to the content and effect of advance directives, go to the Maine Disability Rights Center’s Advanced Health Care Directives Manual http://www.drcme.org/Handbooks.html External site disclaimer

  • St. Clair County Community Mental Health is governed by a 12-member board of directors.

  • St. Clair County Community Mental Health

    3111 Electric Avenue
    Port Huron Michigan 48060
    Phone: (810) 985-8900

  • Advisory Council for Families & Persons with Developmental Disabilities of St. Clair County

    The Advisory Council for Families and Persons with Developmental Disabilities of St. Clair County advises the Adult & Family Services Division of St. Clair County CMH. The membership consists of interested residents of St. Clair County; representatives of individuals receiving CMH services and their families, and representatives of advocacy organizations and human service agencies serving people with developmental disabities.

    For more information, contact Tracy Duncan at (810) 985-8900.

    Advisory Council for Families and Persons with Mental Illness of St. Clair County

    The Advisory Council for Families and Persons with Mental Illness advises the Adult and Family Services division of St. Clair County CMH. The membership consists of St. Clair County residents who represent individuals receiving CMH services and their families; representatives of advocacy organizations and human service agencies serving individuals with mental illness; and other interested community members.

    For more information, contact Tracy Matthews at (810) 985-8900.

  • Board of Directors – Meeting Schedule

    The board meets on the first and third Tuesdays of each month at 6:00 p.m., unless otherwise noted.

  •  http://www.scccmh.org/aboutus/boardofdirectors/

 

SHOWTIME:
1/18/2016 at 6:01:03 PM 120 minutes
TAGS:
Illuminati Black+Pope New+World+Order Jodi+Davies Michigan
CATEGORY:
Prepping
VISIBILITY:
Public
SHORT LINK:
http://tobtr.com/s/8236177
Federal Eye
Millions over age 112 have Social Security numbers, and it’s not because we’re living longer

http://www.grg.org/calment.html

https://www.stclaircounty.org/Offices/courts/Default.aspx

Real truth from the ground on Oregon protest THIS is all about URANIUM!

“THIS is all about URANIUM! The feds and the BLM are working to “clear the land” for Australian Portland based, “Oregon Energy” which has big plans to mine most of the SE section of that county, where most of the URANIUM deposits are. This is big money! Why is nobody talking about this?”AzureSkies555

Official CourtroomObservers.com

Blessings All,

Please help get these on all your social sites!!!

Word from Eric with Courtroom Observers: Real truth from the ground on Oregon;

https://www.youtube.com/watch?v=EJCay64bSkI&feature=youtu.be
BREAKING: Harney Co Fire Chief Resigns. FBI Caught Posing As Militia At Local Armory

https://www.youtube.com/watch?v=VSW47-Ks86E&feature=youtu.be
Offensive or Defensive? #OccupyMalheur Part 1
Be sure to catch part 2….. Jimmie Carter regime exposed!! The game has been ongoing for quite sometime now!

Not real big on Pete as he comes off as another “Shockjock” like Alex Jones and has a tendency to push too hard, at the wrong time. But, that’s just me….
https://www.youtube.com/watch?v=OKA8SoCLrRU&feature=youtu.be
Wednesday – 1/13/16 – Update (1) from Malheur Wildlife Refuge In Burns, Oregon – #OregonFront Pete Santilli Show

Secrecy is repugnant to a free society and the breeding ground for corruption & tyranny. I have no problem with Authority, I have a problem with TPtSB’s perceived authority.
Do you hear what I hear????…

View original post 260 more words

Emergency phone blitz ! War on gun owners

Emergency phone blitz ! Help patriot Shane Bennett 585-329-8154 war on gun owners has begun with assault on Shanes family judge Kocher 585-412-5278 signed a warrant that has Shanes name NOWHERE ON IT Also NO grand jury was heard so this entire matter is disarmament and property theft ! DA Mike Tantillo has been sued for witholding evidence and sanctioned by the courts google him 585-396-4010 require he send you copies of indictment and sworn affidavit or drop the charges ! Storm trooper Hainsworth 585-398-3200 and his S.O.R.T. UNIT are liable for criminal trespass , grand larceny , deprivation of civil rights , conspiracy against civil rights and operating as highwaymen under color of law and out of constitutional jurisdiction ! call chamber of commerce CEO Donna Borulla 585-394-4400 Hit em in their wallet ! make it clear : no freedom loving americans will be shopping in Ontario County NY or their precious resort of Canandaigua Lake ! CALL and DONT STOP ! You can call every day if you have a legitimate purpose and you do ! thank you observer’s ! 

Listen to my new episode NY war on gun owners has begun with assault on Patriot Shane Bennett family. at http://tobtr.com/s/8121449. #BlogTalkRadio

Courtroom Observers

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Studio 1776 Online Radio | BlogTalkRadio.

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Emergency phone blitz needed ! for patriot Mary Fiore of Albany NY

Emergency phone blitz needed ! for patriot Mary Fiore in Albany NY 518-527-8707 she works long hours cleaning houses and often stays in her car to save money . she was abducted by nazi harlot Tim Haloran of the Guilderland police for not using her blinker and she bravely defended herself at trial.  As retaliation the witches and nazis of Guilderland are going to suspend her licence if 500 dollars extortion is not paid to the mason judges of upstate NY , even though the case is on appeal and no lawful action should occur until appeal is decided ! public pressure needed on chief Waller 518-356-1980 witch Dick Sherwood 518-836-5926 vicar general Berberian 518-453-6612 demand they cease their unlawful aggression and trespass against Mary ! Stealing her licence before the appeals decision and denial of payment options will destroy Mary’s life ! stay involved and keep national attention on these cases in which reprisal and retaliation is obviously occurring against patriots and those like Mary who stand upon principles of truth and freedom ! Thank you !

Misty Koch’s case ask why judge Randal Macy would allow the malicious prosecution?

 

To all my friends, I am so grateful for what your calls your prayers and thoughts have done for me and my family. I am home and this would not be the case if it was not for all of your efforts. This is still not over with. But I believe it will be soon. There is so much that I want to say, and I am having a hard time not blurting it out. The problem is that this would also reveal to the criminals what they are overlooking. I can assure you they are impersonating them selves as law abiding public servants. I did not think I would see the light of day again. I can say this it has opened the eyes of some very powerful folks that have very real authority and have witnessed first hand what goes on behind the closed doors in most every county and state in this continent. This poison can be stopped and it has to be stopped. I love each and every one of you, and I give you my word I am no criminal I am not ashamed for taking a stand. These people refuse to answer my question of what I am being charged with. They lie to the public saying this and that when the truth is they have been caught with there hands in the money jar. Bail was 10,080 dollars and 20 cents. CASH ONLY, no money order no checks no collateral only NONE TRACEABLE CASH. IRS gets involved with anything over 10,000 and one penny. I can say this, these are some very nervous criminals.  I have one last request please call 605-578-2044 and ask for Judge Randal Macy leave message talk with his clerk just let it be known that you are following this Misty Koch’s case and wonder why an impartial judge would allow the malicious prosecution, abuse of process, acts of vindictiveness,   You could say I am just your average person and see a conspiracy? How can these people that work with law day in and day out make me believe that this is lawful.

 

Prosecutor    Kevin Krull     605-347-4491           Misty Koch (pronounced Cook)  612-749-3369

Judge              Randal Macy 605-578-2044 

 Clerk                                         605-347-4411

 

   Demand to unconceal the hidden court, bond chattel, money making enterprise, known to imprison people known as livestock.

   Say  as one of the people of this public demand to make full material fact disclosure to the public to see copy and inspect the financial books on the court registry investment system, disclosure of the bid bond, payment bond, and the performance bond underwritten against this case of Misty Koch, that you call livestock. Failure to do so would most definitely explain who has the dirty hands.

 

Friday October 2nd is a court hearing that I believe will end this for myself and what I believe will be the start of ending this livestock poisoning all across the nation. I wish that I was able to reveal how at this time. All I can say is that this is VERY BIG and will be heard all over the nation. We are in very good shape thanks to all of you. Please keep the phone calls going. I love you all you saved my life and I promiss this will reach far and wide.

 

 

 

  Bless you Misty Ann Koch    

Attachments area
Preview attachment phone blitz.pdf

phone blitz.pdf
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Federal judge ORDERED US Attorney to present facts of criminal wrongdoing to Grand Jury/ US Marshal

( 1 )  U.S. Marshal Paul Safier, is a U.S. Marshal in Trenton, New  Jersey.   His phone number is 609-989-2069.  Call him.  Ask him why he sanctions and endorses criminal conduct.  He is well aware of the constitutional violations and criminal conduct in my case.  His email is psafier@usms.doj.gov.  The other email address is my attorney’s, Jerald Di Chiara.

What follows is one of about 12 cases, or more, throughout the country that shows we can go to the Grand Jury.    In some states, we can go directly, we do not have to go through the Court  [ the supervising judge ] or the prosecutor, as this case indicates, from the Southern district of New York.

US Marshal James Howard, in the Southern district of New York knows that when I go to a Grand Jury, the Grand Jury will indict him.  Because US Marshal James Howard conspired in criminal conduct against me, since 2009, I was unlawfully imprisoned in 2010.   US Marshal James Howard already admitted that he is on the wrong side of the law, and has been for a long time.

I already went to the U.S. Attorney in New Jersey, Paul Fishman, and caught his office lying to DC, claiming I was never there.  I already aired on my TV show the video tape that shows I was at his office.

I already went to the U.S. Attorney in Brooklyn, New York, Loretta Lynch.   Loretta Lynch is now the U.S. Attorney General.  What is she going to do?  Prosecute herself?   I already have hard evidence against Loretta Lynch and other US Attorneys.

This case was decided in the Southern district of New York in 1985.  For constitutional violations  the prosecutor must prosecute.   For racketeering the prosecutor must prosecute.  

( 2 )  My attorney, Jerald Di Chiara has a responsibilty to bring the constiutional violations and other crimes committed against me to the Grand Jury immediately because as an attorney in New York he will be dis-barred under New York Judicial law section 487 for colluding in any deceit or deception.  I already have sworn affidavits that speak to the crimes, deceit and deception committed by Yeshiva University and the Manhattan District Attorney’s office against me.

***********************************************************************************************

617 F.Supp. 199 (1985)

In the Matter of In re GRAND JURY APPLICATION.

No. 85 Civ. 2235 (VLB).

April 25, 1985.

United States District Court, S.D. New York.

*200 Neal Schwarzfeld, Schwarzfeld, Ganfer & Shore, New York City, for Bandler

& Kass, Robert Sylvor and William J. Werner.

200

Russell, Piccoli, Phoenix, Ariz., Herbert C. Ross, Jr., Rogers Hoge & Hills, New

York City, for plaintiffs.

Susan Harkins, Asst. U.S. Atty., New York City, for U.S. Atty.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

Plaintiffs, in their complaint and now by motion, seek either a writ of mandamus to

compel the United States Attorney to present the “facts” concerning alleged

criminal wrongdoing of certain named defendants to the grand jury or for me to

request the grand jury to hear testimony by plaintiff’s attorney, Mr. Piccoli,

concerning that wrongdoing.[1] They base their *201 complaint and motion on 18

U.S.C. § 3332(a), which states:

201

It shall be the duty of each such grand jury impaneled within any

judicial district [special grand juries impanelled pursuant to 18 U.S.C.

  • 3331] to inquire into offenses against the criminal laws of the United

States alleged to have been committed within that district. Such

alleged offenses may be brought to the attention of the grand jury by

the court or by any attorney appearing on behalf of the United States

for the presentation of evidence. Any such attorney receiving

information concerning such an alleged offense from any other person

shall, if requested by such other person, inform the grand jury of such

alleged offense, the identity of such other person, and such attorney’s

action or recommendation.

At the outset, I would point out that plaintiffs do not seek to compel the U.S.

Attorney to prosecute the named defendants. Rather, they seek to have either the

court or the United States Attorney present certain information to the grand jury.

This distinction is critical because almost the entirety of the opposition to plaintiffs’

motion is based on the mischaracterization by the U.S. Attorney and the other

defendants of plaintiffs’ motion as one seeking to compel the U.S. Attorney to

initiate proceedings against the other defendants.

Thus the U.S. Attorney argues that plaintiffs lack standing to bring this suit

 

because “a private litigant lacks a sufficiently distinct interest in a criminal

prosecution to compel its initiation.” Govt. Memo at 7, citing Linda R.S. v. Richard

D., 410 U.S. 614, 619, 93 S.Ct. 1146, 1149, 35 L.Ed.2d 536 (1973); see Leeke v.

Timmerman, 454 U.S. 83, 86-87, 102 S.Ct. 69, 70-71, 70 L.Ed.2d 65 (1981);

Heckler v. Chaney, ___ U.S. ___, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985) and

other cases. He argues that because presenting the information to the grand jury

might not lead to an indictment, or conviction, or ultimately to an award in the

plaintiffs’ pending civil action, plaintiffs’ interest is too attenuated from the relief

sought to justify allowing them to bring the instant action.

“Congress may enact statutes creating legal rights, the invasion of which creates

standing, even though no injury would exist without the statute.” Linda R.S. v.

Richard D., 410 U.S. 614, 617 n. 3, 93 S.Ct. 1146, 1148 n. 3, 35 L.Ed.2d 536

(1973). See Warth v. Seldin, 422 U.S. 490, 500, 95 S.Ct. 2197, 2206, 45 L.Ed.2d

343 (1975); Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205, 212, 93 S.Ct.

364, 368, 34 L.Ed.2d 415 (1972) (White, J., concurring); Hardin v. Kentucky

Utilities Co., 390 U.S. 1, 6, 88 S.Ct. 651, 654, 19 L.Ed.2d 787 (1968). When

determining whether a plaintiff has standing, I need only examine the complaint to

see if the plaintiff has alleged that he has suffered a cognizable injury. Nash v.

Califano, 613 F.2d 10, 14 (2d Cir.1980). 18 U.S.C. § 3332(a) creates a duty on

the part of the United States Attorney that runs to the plaintiffs, and the breach of

that duty gives the plaintiffs standing to seek its enforcement.[2]

The defendants contend that “the decision to prosecute is the exclusive

prerogative of the Executive Branch.” Govt.Memo at 10, citing United States v.

Nixon, 418 U.S. 683, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974); Nathan v. Smith,

737 F.2d 1069 *202 (D.C.Cir.1984); Inmates of Attica Correction Facility v.

Rockefeller, 477 F.2d 375 (2d Cir.1973); Powell v. Katzenbach, 359 F.2d 234

(D.C.Cir.1965), cert. denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359 (1966),

and other cases. They characterize plaintiffs’ complaint and motion as attempts to

compel the U.S. Attorney to prosecute the other named defendants, and, relying

on the above cited cases, argue that courts have uniformly denied such relief. But

no case cited has considered the requirements imposed by 18 U.S.C. § 3332(a).

The only opinion I have found that even indirectly deals with the issue presented

in this case is Judge Bork’s concurring opinion in Nathan v. Smith, 737 F.2d 1069

(D.C.Cir.1984).

202

In Nathan, the issue was prosecutorial discretion under the Ethics in Government

Act, 28 U.S.C. §§ 591 et seq. Section 591(a) provided[3] in relevant part:

The Attorney General shall conduct an investigation pursuant to the

provisions of this chapter whenever the Attorney General receives

specific information that any of the persons described in subsection

(b) of this section has committed a violation of any Federal criminal

law other than a violation constituting a petty offense.

Judge Bork stated:

It may be thought that neither the relief granted by the district court

nor that sought by the plaintiffs falls within the principle of Executive

control of decisions to prosecute. The district court ordered the

Attorney General to initiate a preliminary investigation; the plaintiffs

seek to compel an application for the appointment of an independent

counsel. The distinction between these remedies and the

[prosecutorial discretion] principle discussed above has no

 

significance, however. The only purpose of the preliminary

investigation under the Ethics Act is to enable a report to the special

division of this court about the need or the lack of a need for the

appointment of independent counsel. The preliminary investigation is

thus the first stage of the prosecutorial process and the district court

has undertaken to control that stage.

Plaintiffs would have the district court control the next stage as well

ordering the Attorney General to apply to the special division of this

court for the appointment of an independent counsel. It is no answer

to say that the courts, under either form of relief, would not control the

final prosecutorial decision since that would be made by the

independent counsel. There are at least two flaws in that reasoning.

The first is that the principle of Executive control extends to all phases

of the prosecutorial process. Thus, were this a case about an ordinary

prosecution under a federal criminal statute, a plaintiff could not

escape the principle discussed by demanding only an order that the

Attorney General present facts to a grand jury but leaving the decision

whether to sign any indictment to him. Second, if private plaintiffs

have the legal ability to require an investigation of criminal charges, it

is difficult to understand by what principle they could be denied a

cause of action to compel the independent counsel to prosecute if that

counsel had sufficient evidence to do so under the policies of the

Department of Justice, which the Act requires him to follow. 28 U.S.C.

  • 594(f) (1982). If the execution of the laws is lodged by the

Constitution in the President, that execution may not be divided up

into segments, some of which courts may control and some of which

the President’s delegate may control. *203 It is all the law enforcement

power and it all belongs to the Executive. It may be that answers can

be given that avoid or modify these traditional views. No such

answers have been offered in this case, however.

203

737 F.2d at 1079 (emphasis added).

Contrary to what Judge Bork stated, Congress has divided the execution of the

law into segments, with the presentation of information to the grand jury

concerning racketeering violations being an area where the prosecutor’s discretion

was explicitly removed. Judge Bork himself recognized that judicial opinion was

not unanimous on this question. The portion of his concurrence emphasized

above is a criticism of the decision of the Fifth Circuit Court of Appeals in United

States v. Cox, 342 F.2d 167 (5th Cir.1965). In Cox a 4-3 majority held that a

United States Attorney could not be compelled to sign an indictment returned by

the grand jury, and that without his signature the indictment would have no legal

effect. 342 F.2d at 172. A different 4-3 majority held, however, that the United

States Attorney could be required to assist the grand jury by drafting an indictment

in accordance with their wishes, even if he had no intention of signing it if it were

voted a true bill. 342 F.2d at 181. Accord, Report and Recommendation of June

5, 1972 Grand Jury, 370 F.Supp. 1219 (D.D.C.1974).

In other contexts, courts have acknowledged that prosecutorial discretion is not

absolute. In Powell v. Katzenbach, 359 F.2d 234, 235 (D.C.Cir.1965), cert.

denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359 (1966), the court stated:

“[w]e will assume, without deciding, that where Congress has withdrawn all

discretion from the prosecutor by special legislation, a court might be empowered

to force prosecutions in some circumstances.” This term in Wayte v. United

 

States, ___ U.S. ___, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985), the Supreme Court

stated that prosecutorial discretion is not “`unfettered.’ Selectivity in the

enforcement of criminal laws is … subject to constitutional constraints.” ___ U.S.

at ___, 105 S.Ct. at 1531 (quoting United States v. Batchelder, 442 U.S. 114,

125, 99 S.Ct. 2198, 2205, 60 L.Ed.2d 755 (1979)).

Also this term, in Heckler v. Chaney, ___ U.S. ___, 105 S.Ct. 1649, 84 L.Ed.2d

714 (1985), the Supreme Court equated an agency’s refusal to take requested

enforcement action with a prosecutor’s decision not to prosecute. After reviewing

the numerous reasons why judicial review of such decisions was unsuitable the

court went on to say:

Thus, in establishing this presumption [of the unreviewability of

agency action] in the APA, Congress did not set agencies free to

disregard legislative direction in the statutory scheme that the agency

administers. Congress may limit an agency’s exercise of enforcement

power if it wishes, either by setting substantive priorities, or by

otherwise circumscribing an agency’s power to discriminate among

issues or cases it will pursue.

___ U.S. at ___, 105 S.Ct. at 1657.

Plaintiffs argue that the language of § 3332(a) is clear and unambiguous: “Any

such attorney receiving information concerning such an alleged offense from any

other person shall, if requested by such other person, inform the grand jury of

such alleged offense, the identity of such other person, and such attorney’s action

or recommendation.” They contend that the duty to present the information is

mandatory. Defendants contend that use of such mandatory language is common

throughout the criminal provisions of the United States Code and has often been

held to permit the exercise of prosecutorial discretion. See Heckler v. Chaney, ___

U.S. at ___, 105 S.Ct. at 1657; Inmates of Attica Correctional Facility v.

Rockefeller, 477 F.2d 375, 381 (2d Cir.1973) (“The mandatory nature of the word

`required’ as it appears in [42 U.S.C.] § 1987 is insufficient to evince a broad

Congressional purpose to bar the exercise of executive discretion in the

prosecution of federal civil rights crimes.”). The resolution of this issue lies in an

analysis of the legislative history of 18 U.S.C. § 3332(a).

*204 The forerunner of 18 U.S.C. § 3332(a) was introduced to the Senate on

January 16, 1969 as part of Title I of the Organized Crime Control Act, S.30. The

purpose of the Act was to eradicate organized crime. To accomplish this aim S.30

was designed to strengthen and vitalize the various legal tools available to the

government in the evidence gathering process. Title I of the Act contained

proposed amendments to 18 U.S.C. § 3321 et seq. concerning grand juries. The

purpose of these amendments was to “strengthen” the “broad powers of inquiry”

of grand juries.[4] Statement of Sen. McClellan, Hearings before the

Subcommittee on Criminal Laws and Procedures of the Committee on the

Judiciary, United States Senate, 91st Cong. at 503 (1969) (hereinafter “Senate

Hearings”). As Senator McClellan, one of the bill’s co-sponsors, explained:

204

The jury would not be limited by the charge of the court but would

have the right to pursue any violation of the criminal law within its

jurisdiction. Citizens would be accorded the right to contact the jury,

through the foreman, regarding any alleged criminal act.

Id.

 

Section 103(a) of the proposed Act contained the antecedent of 18 U.S.C. §

3332(a). It provided in pertinent part:

Section 3324, title 18, United States Code is amended as follows:

  • 3324. Powers and duties

* * * * * *

(b) It shall be the duty of each grand jury impaneled within any judicial

district to inquire into each offense against the criminal laws of the

United States alleged to have been committed within that district

which is brought to the attention of the grand jury by the court or by

any person.

(c) No person shall be deprived of opportunity to communicate to the

foreman of a grand jury any information concerning any such alleged

offense or instance of misconduct.

Senate Hearings at 7.

As Senator McClellan explained during the Hearings before Subcommittee No. 5

of the Committee on the Judiciary of the House of Representatives, Ninety-First

Congress, Second Session on S.30 (hereinafter “House Hearings”) (1969), Title I

of S.30 “guaranteed a measure of independence” to the special grand juries it

authorized. House Hearings at 82. When pressed by the chairman of the House

committee on the “need for granting special grand juries almost complete

autonomy from the Federal district court and the U.S. Attorney,” Senator

McClellan stated: “Congress has ample grounds for determining that a need

exists for creation of special Federal grand juries with substantial independence of

the prosecutor and court.” House Hearings at 118.

Although not the most controversial aspect of the Act, much comment both pro

and con was elicited during the House and Senate hearings concerning the

provisions of the bill concerning grand juries. The chairman of the House

Committee on the Judiciary stated, “[w]ith reference to Title I[,] … we have

opposition expressed from the Judicial Conference of the United States[,]…. the

New York County Lawyers Association[,] … the Association of the Bar of the City

of New York[,]…. the National Association of Counties—United States Conference

of Mayors and the American Civil Liberties Union oppose Title I.” House Hearings

at 177-78.

Title I had powerful supporters as well. In a memorandum submitted to the Senate

committee by then Attorney General John Mitchell, the Justice Department voiced

its support of Title I:

*205 Proposed section 3324(b) provides that “It shall be the duty of

each grand jury impaneled within any judicial district to inquire into

each offense against the criminal laws of the United States alleged to

have been committed within the district which is brought to the

attention of the grand jury by the court or by any person.” This

provision is a statutory recognition of existing case law holding that

the inquisitorial powers of a grand jury are virtually unlimited and that

the grand jury can initiate a case on its own and investigate any

alleged violation of Federal law within its jurisdiction. See Hale v.

Henkel, 201 U.S. 43 [26 S.Ct. 370, 50 L.Ed. 652] (1906); Blair v.

United States, 250 U.S. 273 [39 S.Ct. 468, 63 L.Ed. 979] (1919);

205

 

United States v. Hartke-Hanks Newspapers, 254 F.2d 366 (C.A.5),

cert. denied, 357 U.S. 938 [78 S.Ct. 1385, 2 L.Ed.2d 1551] (1958); In

Re Grand Jury Investigation (General Motors Corp.), 32 F.R.D. 175

(S.D.N.Y.), appeal dismissed, 318 F.2d 533 (C.A.2), cert. denied, 375

U.S. 802 [84 S.Ct. 25, 11 L.Ed.2d 37] (1963); United States v. Smyth,

104 F.Supp. 283 (N.D.Calif.1952); United States v. Gray, [sic[*]] 187

F.Supp. 436 (D.C.D.C.1964). Consequently, we can see no objection

to this proposal.

Section 3324(c) provides that no person shall be deprived of

opportunity to communicate to the foreman of a grand jury any

information concerning any offense against the criminal laws of the

United States alleged to have been committed within the district.

Section 1504 of title 18, United States Code, presently makes it an

offense for anyone to attempt to influence the action or decision of

any grand or petit juror upon any matter pending before it by a written

communication. This provision is apparently intended to make it clear

that no violation of this section is committed by a person who merely

communicates to the foreman of a grand jury any information

regarding any offenses against the laws of the United States. This

provision could well encourage wider public participation in the fight

against organized crime and we, therefore, support it.

Senate Hearings at 366-67.

In response to the many criticisms, the provisions of the proposed Act regarding

grand juries were amended. During the House Hearings, Edward L. Wright

presented the views of the American Bar Association, which were essentially

embodied in the Act in its final form.

The American Bar Association recommends that the proposed right of

a private person be modified to require that information possessed by

such person be channelled through the appropriate prosecutor, and

further, that the prosecutor be required in all cases to communicate

his action or recommendation thereon to the special grand jury.

In suggesting this amendment, we are mindful of and are fully in

accord with the well-established tradition of citizen complaints. We

know that criminal justice should and must be everyone’s concern,

and we favor doing everything proper to encourage greater

cooperation by citizens in the war against organized crime. On the

other hand, we are equally cognizant that the proper role of the

professional prosecutor in the United States has been steadily

emerging. It is our belief that the prosecutor should properly be vested

with the responsibility of professionally screening allegations of

criminal misconduct. At the same time, we recommend that there be

built into the process a safeguard that will require the prosecutor to

give an accounting of his screening.

House Hearings at 541 (emphasis in original).

Analysis of the language of the Act as it was finally enacted indicates that

Congress intended the United States Attorney to be the channel through which

ordinary citizens conveyed information about organized crime to the grand jury.

To argue, as the government does (and as Judge Bork did in *206 Nathan, supra),

that the prosecutor has total discretion in deciding what information to present to

206

 

the grand jury flies in the face of the Act’s legislative history. The section analysis

section of the official legislative history of the bill as it was finally passed contains

the following language:

Section 3332(a) makes it the duty of a special grand jury impaneled

within any judicial district to inquire into Federal offenses alleged to

have been committed within the district. As amended by the

committee, alleged offenses may be brought to the attention of the

special grand jury by the court or by any attorney appearing on behalf

of the United States for the presentation of evidence. Any such

attorney who receives information of an alleged offense from any

person must, if requested by the person, inform the grand jury of the

alleged offense, the identity of the person who conveyed the

information, and his own action or recommendation.

2 U.S.Code Cong. & Adm.News, House Report No. 91-1549, 91st Cong.2d Sess.

(1970) 4007 at 4015.

Thus both the language of 18 U.S.C. § 3332(a) and its legislative history indicate

that Congress intended to remove the prosecutor’s discretion in deciding whether

to present information to the grand jury. He retains discretion with respect to how

he acts and what he recommends concerning that information.

18 U.S.C. § 3332(a) creates a right in every person to have information known by

them concerning organized crime to be presented to the grand jury. It provides

two ways for this to occur—either the court may bring it to the grand jury’s

attention or a United States attorney can. Plaintiffs have requested one or the

other form of relief, in the alternative.

In order to grant a request for mandamus a court must find: “(1) a clear right in

the plaintiff to the relief sought; (2) a plainly defined and peremptory duty on the

part of the defendant to do the act in question; and (3) no other adequate remedy

available.” Lovallo v. Froehlke, 468 F.2d 340, 343 (2d Cir.1972), cert. denied, 411

U.S. 918, 93 S.Ct. 1555, 36 L.Ed.2d 310 (1973).

Plaintiffs have urged me to request the grand jury to hear their evidence against

the defendants. Although a judge may present evidence to a grand jury both

under common law, see O’Bryan v. Chandler, 352 F.2d 987 (10th Cir.1965), and

pursuant to the language of 18 U.S.C. § 3332(a), I decline to do so. The

legislative history of Section 3332(a) suggests that Congress envisioned the

United States Attorney’s office as the primary channel of information to the grand

jury. In a busy district such as this, moreover, it is the United States Attorney and

not the individual district judge who is familiar with, and in fact sets, the schedules

of the grand juries which have been impanelled in the district. Any effort by myself

to bring plaintiffs’ information to the attention of a grand jury would necessarily be

channeled through the United States Attorney.

Since the United States Attorney has been requested to present certain

information to the grand jury he must do so. I will not relieve him of a duty which

Congress has seen fit to impose. 18 U.S.C. § 3332(a) imposes a “plainly defined

and peremptory duty” on the part of the United States Attorney to present the

plaintiffs’ information concerning the alleged wrongdoing of the other defendants

to the grand jury.

When first presented with plaintiffs’ information in February, the United States

Attorney’s Office declined to act. It cited its heavy caseload, the need to conduct

 

its own investigation to satisfy internal policies and the need to obtain the approval

of the Justice Department before proceeding, and concluded that the chances of

commencing prosecution of the other defendants named herein before the statute

of limitations ran in May were almost non-existent. The substantial work already

done by plaintiffs’ attorneys in preparing this case and the apparent willingness of

the alleged victims to come forward and testify should greatly facilitate the

investigation *207 of plaintiffs’ allegations by the grand jury. Although the statute

does not specify in what way the United States Attorney should present

information to the grand jury, under the circumstances of this case and in the

interests of efficiency and justice, I strongly urge the United States Attorney to

allow plaintiffs’ attorney, Mr. Piccoli, to appear before the grand jury as a witness.

I note, in any event, that this order does not invade the realm of prosecutorial

discretion. The statute requires that the information proffered by plaintiffs, and the

identity of plaintiffs, be brought to the attention of the grand jury. This order

requires no more.

207

Plaintiffs’ request for a writ of mandamus is granted.

SO ORDERED.

 

[1] Plaintiffs have also included a request that I appoint “a special prosecutor as the Court’s own

representative for presenting the pertinent details of the criminal wrongdoing of [certain named

defendants] to the Grand Jury for its consideration.” They cite no statute or case law authorizing such

relief but rely instead on the court’s “inherent” power. The only statutes dealing with the appointment of

special prosecutors by the court (now called “independent counsel”) all relate to the Ethics in

Government Act, 28 U.S.C. § 591 et seq., which is not relevant to this case. Plaintiffs have not briefed

this issue. I do not believe the inherent powers of the court go so far. See Matter of Application for

Appointment of Independent Counsel, 596 F.Supp. 1465 (E.D.N.Y.1984). See also Fed.R. Crim.P.

42(b).

[2] Plaintiffs also argue that the Sedima requirement of a prior conviction gives them a direct financial

interest in seeking prosecution and therefore, standing. That argument fails because of the unfettered

discretion of the government’s attorneys in deciding whether to prosecute.

[3] Section 591(a) was amended in 1983 by Pub.L. 97-409 § 4(a)(1), which substituted “information

sufficient to constitute grounds to investigate” for “specific information” after “the Attorney General

receives.” In light of the holding of Nathan where the court relied on the lack of “specific information” to

deny mandamus, it seems apparent that the amendment to Section 591(a) was designed to make it

clear that the decision to investigate would rest with the Attorney General who would have discretion

to decide whether the information received constituted “sufficient … grounds.”

[4] In its final form the Act did not simply amend the United States Code provisions concerning grand

juries but created new sections requiring the appointment of special grand juries in all judicial districts

with over four million inhabitants. These special grand juries were to be devoted to investigating

organized crime. They had all the powers of regular grand juries plus the explicit authorization to issue

reports concerning either organized crime conditions in the district or malfeasance in office by a public

official.

[*] Editor’s note: citation should be 87 F.Supp. 436 (D.D.C.1949).

A witness protection program for Truth, Liberty and Justice for all! Psalm 94:16 Who will rise up for me against the evildoers? or who will stand up for me against the workers of iniquity?

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