MIRANDA RIGHTS AND THE FIFTH AMENDMENT: ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU IN THE COURT OF LAW ETC

NOTE: THE SUPERIOR COURT OF CALIFORNIA DOES
NOT HAVE THE RIGHT TO REMAIN SILENT --
THEY MUST RESPOND TO EVERY COMPLAINT

Since John has not been able to secure a lawyer due to pervasive government-sanctioned class-based (and/or reverse racial and/or gender-based etc) discrimination; John then submitted two Amended Complaints to the Superior Court of California; County of Santa Clara in August and September of 2015 -- one to the Sunnyvale Courthouse; and the other to the Santa Clara Courthouse. Initially unsure what to do; John garnered legal advice one night from two extremely inebriated Santa Clara University law students at Blinkys' Can't Say Lounge. They told John: "File an Amended Complaint...but don't do it yourself..."

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Why? Because the United States government has a long and sordid history of intimidating and taking advantage of people they think are stupid and/or vulnerable; as they would not dare attempt to intimidate a lawyer and/or attorney doing the same thing. A complaint would have been filed immediately. Another bad habit our government has is allowing cops who are not trained mental health professionals to deem people as "mentally ill"; sometimes (depending upon their lowly opinion of the person) just to destabilize them and/or in a very large sense insult and defame them in the process -- and therefore distract from more pressing issues that are being ignored. 

Note: Individuals with alleged disabilities cannot be discriminated against even if those disabilities are imagined -- as they clearly are in Johns' case. In other words; how the fuck could John have put this entire Addendum Blog together if he was mentally ill? Someone needs to kindly inform Lieutenant Simpson that he can go fuck himself.

Adding to this; all people are gifted and crippled in different ways -- therefore focusing on the supposed shortcomings of some fails to focus on the obvious shortcomings of others. And most importantly; a supposed "mental health" determination by police is just as damaging as a felony conviction in its' own right; as this determination can be used against people later on in the court of law etc; giving government yet another bad excuse to ignore and/or abuse people. 

And if we keep going down this same crazy road; government will inevitably/eventually want to consider all elderly people with Alzheimers' disease as "mentally ill" as well; therefore effectively destroying your reputation later in life. The bottom line: our government needs to admit that everyone is equally crippled and gifted; and that their shitty governmental system is not only crippled; but also crooked and riddled with corporate/government etc corruption from top to bottom. Our entire system of governance is in a very large sense "mentally ill" because the participants are increasingly paranoid and harmful to themselves and to others; a classic sign of mental illness.

GO TO: MENTAL HEALTH MISTREATMENT @ http://addendumblog1.blogspot.com/2014/11/mental-health-mistreatment.html + POLITICAL ABUSE OF PSYCHIATRY @ http://addendumblog1.blogspot.com/2014/12/political-abuse-of-psychiatry.html + CIVIL RIGHTS: AN OVERVIEW @ http://addendumblog1.blogspot.com/2015/01/civil-rights-overview.html + FEDERAL X-OFFICER GABBY SEAGRAVE AND THE 10 MOST CROOKED THINGS THE FBI HAS EVER DONE @ http://addendumblog1.blogspot.com/2015/04/federal-x-officer-gabby-seagrave-and-10.html

For instance; John made a CD called "Best of Noise" in 2003 that intended to portray madness much like the "Dark Side of the Moon" by Pink Floyd; and create a musical departure from everything John had done before. Johns' band mates (the Finley brothers) were strung out on Opioids (etc?) at the time; so John made music to express this mental and emotional disconnect. The music also expressed the chaos in the years after John lost his brother in 1999; it expressed how John felt "lost in space" from the loss of his older brother Carl. It's like two colliding galaxies and the sound that it makes. It also expressed Johns' disdain for a younger and/or lesser generation of dumbed-down youth who were and still are being trained to violate the Unalienable Rights of their elders they are supposed to have respect for (see: "the new vast ineptitude" etc). This CD was also made during a time of rampant MP3 downloads and/or theft; so John attempted to make music so awful that no one would want to steal it. 

In the end; John ended up softening up the tones and effects; therefore turning "Best of Noise" into a subtle metaphysical mind trip of sorts. One listener told John that he did not "get it" until he did mushrooms and listened to Best of Noise. The "North of Heaven" concept came from a song John recorded with the Finley brothers called "South of Heaven"; and the "Hyper-Dimensional Space-Time Boundary North of Heaven; Magnetic Signature of a Higher Level State-Space" concept came directly from Richard C. Hoaglands' hyperdimensional physics theories regarding the multi-dimensional realities of the universe at large.

The main point of this segment is that the "DSM" and/or "Diagnostic and Statistical Manual of Mental Disorders (DSM)" ridiculously suggests that (among many other individuals including activists etc) creative artists are considered to be "mentally ill" by the DSM. Leading us directly to; (once again) Lieutenant Simpson and/or Gabrielle Seagrave and/or Pablo Lopez (and/or DSM creators etc) can now go and officially "fuck themselves" all the way to Hell and don't come back.

Note: The band Slayer allegedly (and/or obviously) stole Jim Finleys' "South of Heaven" concept; likely by seeing a tape laying around at some ancient Palo Alto party then ultimately stealing the idea. Nevertheless; hardcore Palo Alto Slayer fans actually thought Jim Finleys' band badly blew away Slayer on a sheer "musical hotness" level. Adding to this; "South of Heaven" was not only a reference to the place where Jim Finley lived for a time (New Orleans); but it was also a reference to the planet Earth and/or Hell (Hell originally meant "burial place").

GO TO: THE NEW VAST INEPTITUDE (SOUTHERN NORTHEAST WESTERN BBQ DINNER DANCE @ THE HYPER DIMENSIONAL SPACE-TIME BOUNDARY NORTH OF HEAVEN / MAGNETIC SIGNATURE OF A HIGHER LEVEL STATE-SPACE) @ http://likroper.bandcamp.com/track/the-new-vast-ineptitude-southern-northeast-western-bbq-dinner-dance-the-hyper-dimensional-space-time-boundary-north-of-heaven-magnetic-signature-of-a-higher-level-state-space + SOUTHERN NORTHEAST WESTERN BBQ DINNER DANCE @ http://likroper.bandcamp.com/track/southern-northeast-western-bbq-dinner-dance + (ANYTHING GOES) SOUTH OF HEAVEN @ http://likroper.bandcamp.com/track/anything-goes-south-of-heaven-2 + BEST OF NOISE @ http://likroper.bandcamp.com/album/best-of-noise + SOUTH OF HEAVEN @ https://en.wikipedia.org/wiki/South_of_Heaven  + REST IN PEACE, BROTHER CARL @ http://addendumblog1.blogspot.com/2014/06/rest-in-peace-brother-carl_24.html + 'GOD'S EMPTY CHAIR' BY JAMES PATRICK FINLEY @ http://addendumblog1.blogspot.com/2015/12/gods-empty-chair-by-james-patrick-finley.html + SEE ALSO: Anti-Intellectualism and the "Dumbing Down" of America @ https://www.psychologytoday.com/blog/wired-success/201407/anti-intellectualism-and-the-dumbing-down-america + The 2016 "Dumbing Down of America" @ http://www.huffingtonpost.com/clarence-b-jones/the-2016-dumbing-down-of_b_9976278.html + Deliberate Dumbing Down @ http://www.deliberatedumbingdown.com/

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Furthermore; John half-way followed the instructions of these two Santa Clara University law students by first finding an online Amended Complaint sample UNITED STATES OF AMERICA (Plaintiff) V. PHILIP MORRIS, INC., et al. (Defendants) (GO TO: ONLINE AMENDED COMPLAINT SAMPLE @ https://www.justice.gov/sites/default/files/civil/legacy/2014/09/11/DOJ%20Web%20-%20Amended%20Complaint_0.pdf) which was eerily similar to the circumstances surrounding Johns situation; with all the conspiracy and deceit etc -- it was like it was written for John. After extensive cogitation on Johns' part; John came to the obvious conclusion that everything government says can and probably should eventually be held against them; first in the court of public opinion -- then later on perhaps in the court of law as well.

GO TO: AMENDED COMPLAINT @ http://likroper.com/CITYOFSUNNYVALE4.wpd + DOCUMENT SUBMITTED TO SUPERIOR COURT COMMISSIONER LISA STEINGART ON 18 OCT 2013 @ http://addendumblog1.blogspot.com/2013/11/document-submitted-to-superior-court.htm + LEGALIZED DISCRIMINATION IN CALIFORNIA? @ http://addendumblog1.blogspot.com/2015/11/legalized-discrimination-in-california.html + THE MYSTERY MAN FROM LOCKHEED (MML) AND FORCED MASS VACCINATIONS @ http://addendumblog1.blogspot.com/2015/12/the-mystery-man-from-lockheed-mml-and.html

QUESTION: Did the untimely and seemingly purposeful death of Missy cat on December 25th, 2015 have anything whatsoever to do with Johns' August and September 2015 Amended Complaint submissions to the Superior Court of California? GO TO: REST IN PEACE MISSY CAT / 25 DEC 2015 @ http://addendumblog1.blogspot.com/2015/12/rest-in-peace-missy-cat-25-dec-2015.html

WHO IS ERNESTO MIRANDA?

Miranda Rights are named after the landmark US Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested for stealing $8.00 from an Arizona bank worker. After two hours of questioning, "Miranda confessed not only to the robbery but also to kidnapping and rape. When he was brought in for questioning, he was never told that had did not have to speak to police, or that he could consult with a lawyer; he simply confessed to the crimes. He was found guilty. 

Miranda's conviction was appealed to the United States Supreme Court. The Justices ruled that the statements Miranda made to the police could not be used as evidence against him because he had not been advised of his Constitutional rights. Since this decision, police are required to recite the Miranda warning to suspects before any questioning is conducted. The Miranda case did not establish new rights, but rather instituted further protection of Fifth and Sixth Amendment rights. 

The following is the standard Miranda warning: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense..."

WHAT IF POLICE FAIL TO ADVISE YOU OF YOUR MIRANDA RIGHTS?  

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

For example, suppose Dan is arrested and, without being read his Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession. > GO TO: Know Your Rights: What are Miranda Rights? @ https://www.legalzoom.com/articles/know-your-rights-what-are-miranda-rights

NOTE: On 14 June 2006 after Johns' non-arrest for feeding ducks (which ex-Mayor Judy Nadler told John he could feed at a Santa Clara City Council meeting) Pablo Lopez did not read John his required Miranda Rights until right before letting John go from a holding cell after several hours.

SEE ALSO: TITLE 18, U.S.C., SECTION 242 @ http://addendumblog2.blogspot.com/2016/04/title-18-usc-section-242.html + NSA SURVEILLANCE MALFEASANCE + 18 U.S. CODE § 245 - FEDERALLY PROTECTED ACTIVITIES + 18 U.S. CODE § 1512 - TAMPERING WITH A WITNESS; VICTIM OR INFORMANT ETC @ http://addendumblog2.blogspot.com/2016/08/nsa-surveillance-malfeasance-18-us-code.html + AL COLLINS AND LEGAL SHIELD AND/OR PRE-PAID LEGAL SERVICES INCORPORATED @ http://addendumblog1.blogspot.com/2013/03/al-collins-and-legal-shield-andor-pre.html

NSA SURVEILLANCE MALFEASANCE + 18 U.S. CODE § 245 - FEDERALLY PROTECTED ACTIVITIES + 18 U.S. CODE § 1512 - TAMPERING WITH A WITNESS; VICTIM OR INFORMANT ETC?

PHOTO SOURCE: COPBLOCK.ORG

A few years ago John mentioned to his alleged CIA buddy the possible scenario of law enforcement malfeasance regarding mass NSA surveillance which allows law enforcement to essentially pre-empt internal investigations -- therefore in a very large sense allowing "the fox to guard the henhouse" so to speak. On August 4th, 2015 John filed his first Amended Complaint with the Superior Court of California; County of Santa Clara -- Sunnyvale Courthouse (Note: John never received the required reciprocal documentation from this court; and perhaps due to this seemingly intentional oversight -- the ex-presiding Santa Clara County Superior Court Judge in charge was later replaced by Judge Rose Pichon). After John turned onto the El Camino Real from Henderson Avenue and waited at the stop light at Poplar Avenue heading towards downtown Sunnyvale; a Sunnyvale D.P.S. vehicle then turned onto El Camino Real from Poplar Avenue WITH HIS LIGHTS FLASHING (!?!) traveling in front (!?!) of John's vehicle all the way up to Wolfe Road.

John was either getting an official escort to the Sunnyvale City Clerks' office and/or this was a lame attempt at intimidating and/or coercing John; who suspects keystroke monitors were perhaps being utilized to track Johns' movements and progress on the Amended Complaint. Adding to this; a cadre of Sunnyvale Police Officers and/or Firemen were waiting in front of the Sunnyvale City Clerks' office in a highly unsuccessful intimidation attempt. Adding to this; at the federal level there was a lone wolf terrorist alert announced on this very same day; suggesting an element of collusion was perhaps involved in this particular incident at the federal level.
 

 

FOR INSTANCE: 8 AUG 2016 / TIMELINE: 1) 1 AUG 2016: Judge bars secret FBI recordings in alleged bid-rigging plot @ http://www.sfgate.com/crime/article/Judge-bars-secret-FBI-recordings-in-alleged-9015186.php; 2) 1 AUG 2016: John calls the Santa Clara County Bar Association (SCCBA) regarding his need for legal assistance (note: SCCBA has not returned Johns' call); 3) 2 AUG 2016: John creates new Addendum Blog 2 post titled "SECRET FBI RECORDINGS ETC" @ http://addendumblog2.blogspot.com/2016/08/secret-fbi-recordings-etc.html; 4) 5 AUG 2016: FBI director James Comey in San Francisco addressing the American Bar Association at the Moscone Center > Police misconduct focus of FBI Director James Comey's speech in San Francisco @ http://abc7news.com/news/police-misconduct-focus-of-fbi-directors-speech-in-sf/1459309/ > Note: After September 11, 2001 the FBI admitted to actively destabilizing activists for 25 years prior to the 9-11 attacks; and the USA Patriot Act later turned this dirty little secret into law. (ACLU) 

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SEE ALSO: 18 U.S. Code § 245 - Federally protected activities -- (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from — (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; (D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States; (E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance. > GO TO: https://www.law.cornell.edu/uscode/text/18/245

NOTE: (1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated. (2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (In other words; nothing is likely going to be done about this particular incident; but we are bringing it to your attention anyway :)

18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant - (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—(A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to—(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3) + (c) Whoever corruptly—(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—(1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release,parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.  > GO TO: 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ https://www.law.cornell.edu/uscode/text/18/1512

NOTE: (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

CA PENAL CODE SECTION 132-141 132.5.  (a) The Legislature supports and affirms the constitutional right of every person to communicate on any subject. This section is intended to preserve the right of every accused person to a fair trial, the right of the people to due process of law, and the integrity of judicial proceedings. This section is not intended to prevent any person from disseminating any information or opinion.

135.  A person who, knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroys, erases, or conceals the same, with the intent to prevent it or its content from being produced, is guilty of a misdemeanor. + 135.5.  Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of harming that public safety officer, is guilty of a misdemeanor. + 136.1.  (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. > GO TO: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=132-141

GO TO: ILLEGAL USE OF THE UNITED STATES MILITARY AGAINST UNARMED UNITED STATES CITIZENS? @ http://addendumblog1.blogspot.com/2013/11/illegal-use-of-united-states-military.html + VIOLATION OF THE VOTING RIGHTS ACT OF 1965 + RETALIATION AGAINST A WHISTLE BLOWER ETC (CONTINUED) 5 @ http://addendumblog2.blogspot.com/2016/06/violation-of-voting-rights-act-of-1965.html + STUDY FINDS WITHOUT ELECTION FRAUD SANDERS WOULD HAVE WON BY A LANDSLIDE @ http://addendumblog2.blogspot.com/2016/08/study-finds-without-election-fraud.html + YOUTUBE.COM: PRIVATE BUSINESS OF PUBLIC ACCOMMODATION + THE SUNNYVALE POLICE ATTEMPT TO CHANGE A REPORTERS' STORY? @ http://addendumblog2.blogspot.com/2016/07/youtubecom-private-business-of-public.html + NSA SURVEILLANCE ABUSE COVER-UP: GOVERNMENT-SANCTIONED IGNORING OF EXCULPATORY EVIDENCE? @ http://addendumblog1.blogspot.com/2013/08/nsa-surveillance-abuse-cover-up.html 

NSA analysts 'willfully violated' surveillance systems, agency admits @ https://www.theguardian.com/world/2013/aug/24/nsa-analysts-abused-surveillance-systems + 5 Americans who used NSA facilities to spy on lovers @ https://www.washingtonpost.com/blogs/the-switch/wp/2013/09/27/5-americans-who-used-nsa-facilities-to-spy-on-lovers 

SEE ALSO: AFTER RECEIVING A COMPLAINT; THE DEFENDANT MUST RESPOND WITH AN ANSWER? @ http://addendumblog2.blogspot.com/2016/05/after-receiving-complaint-defendant.html + DEMAND FOR CASE REMAND http://addendumblog2.blogspot.com/2016/04/demand-for-case-remand.html + + MIRANDA RIGHTS AND THE FIFTH AMENDMENT: ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU IN THE COURT OF LAW ETC @ http://addendumblog2.blogspot.com/2016/08/miranda-rights-and-fifth-amendment.html + VARIOUS QUESTIONABLE COVER UPS BY THE CITY OF SUNNYVALE AND/OR THE CITY OF SANTA CLARA AND/OR THE SUNNYVALE AND/OR SANTA CLARA POLICE DEPARTMENTS ETC @ http://addendumblog1.blogspot.com/2014/07/various-criminal-andor-illegal-cover.html + TITLE 18 U.S.C., SECTION 1831 / NSA SPYING FACILITATES CORPORATE-SPONSORED PROPRIETARY INFORMATION THEFT @ http://addendumblog2.blogspot.com/2016/04/nsa-spying-facilitates-corporate.html + FEDERAL RULES OF CIVIL COMPLAINTS @ https://www.law.cornell.edu/rules/frcp

QUESTION: Did the untimely and seemingly purposeful death of Missy cat on December 25th, 2015 have anything whatsoever to do with Johns' August and September 2015 Amended Complaint submissions to the Superior Court of California? GO TO: REST IN PEACE MISSY CAT / 25 DEC 2015 @ http://addendumblog1.blogspot.com/2015/12/rest-in-peace-missy-cat-25-dec-2015.html

Note: Although some state courts model their pleading rules on the Federal Rules of Civil Procedure, other states use very different rules. Thus, pleading standards for complaints may vary widely from state to state, or between state and federal courts located in the same state.

CA CODE OF CIVIL PROCEDURE
SECTION 170-170.9 
 

170.1.  (a) A judge shall be disqualified if any one or more of the following are true: (6) (A) For any reason: (ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial. (iii) A person aware of the facts (in other words; John) might reasonably entertain a doubt that the judge would be able to be impartial.

(B) Bias or prejudice toward a lawyer (and/or self-representative like John?) in the proceeding may be grounds for disqualification. (7) By reason of permanent or temporary physical impairment (and/or apparent mental impairment and/or severe cranial/posterior syndrome?), the judge is unable to properly perceive the evidence or is unable to properly conduct the proceeding.

170.3. (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision (b).

(2) There shall be no waiver of disqualification if the basis therefore is either of the following: (A) The judge has a personal bias or prejudice concerning a party.

170.4.  (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified. (2) Request any other judge agreed upon by the parties to sit and act in his or her place. (5) Set proceedings for trial or hearing. (6) Conduct settlement conferences.

GO TO: CODE OF CIVIL PROCEDURE / SECTION 170-170.9 @ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9 + SEE ALSO: STATE CIVIL PROCEDURE RULES @ https://www.law.cornell.edu/wex/civil_procedure + https://www.law.cornell.edu/wex/complaint 

NOTE: Procedural errors and/or wrong advice from the City of Santa Clara City Clerk's Office caused John to submit an Amended Complaint to the Superior Court of California, County of Santa Clara (Traffic Court) but while the court may not be legally required to respond to this mistakenly submitted complaint; "the right thing to do" would be to respond in kind and help out another fellow human being in need. Adding to this; John has repeatedly attempted to communicate with the United States Department of Justice (D.O.J.) using the <askdoj@usdoj.gov> email address for about ten years now with no response. Why did the D.O.J. create this email address if they had and/or have no intention of responding?

"PAY NO ATTENTION TO THE MAN BEHIND THE CURTAIN!
THE GREAT AND POWERFUL OZ HAS SPOKEN!"
- The Man Behind the Curtain, "Wizard of Oz" 

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THE SOLUTION? To end this questionable government-sanctioned variety of pervasive class-based discrimination and/or intimidation; a permanent government-subsidized program providing free legal counsel instructing participants self-representation without the assistance of financially prohibitive lawyers and/or attorneys etc would be in order. Adding to this; usage of The Martus System for certain Plaintiffs; Defendants and/or Witnesses and/or Whistle blowers etc could provide an extra layer of protection from intimidation and/or coercion and/or any other legal and/or illegal retaliation involved without the help of a lawyer and/or attorney. > go to: THE MARTUS SYSTEM @ https://www.martus.org/

 SEE ALSO: 18 U.S. CODE § 1512 - TAMPERING WITH A WITNESS; VICTIM OR INFORMANT ETC? #2 @ https://lreblogger.blogspot.com/2017/07/18-us-code-1512-tampering-with-witness.html

SECRET FBI RECORDINGS ETC

“The government has utterly failed to justify a warrantless electronic surveillance program that recorded private conversations spoken in hushed tones by judges, attorneys and court staff” as well as the five targets of the investigation, said U.S. District Judge Charles Breyer of San Francisco. This ruling came 10 days after a contrasting decision by Chief U.S. District Judge Phyllis Hamilton of Oakland, who upheld FBI recordings of conversations among defendants charged with bid-rigging at the Alameda County Courthouse in Oakland and the Contra Costa County Courthouse in Martinez..."

 

GO TO: Judge bars secret FBI recordings in alleged bid-rigging plot @ http://www.sfgate.com/crime/article/Judge-bars-secret-FBI-recordings-in-alleged-9015186.php 

NOTE: It's interesting how the US government has used secret recordings to secure countless criminal convictions; while Judge Breyer now has his doubts about this practice. These various convictions include the usage of secret/private audio-video CCTV video surveillance; which is ubiquitous in the public domain at this point. Are these various anachronistic criminal convictions now in question due to this ruling; and if so who needs to be let out of prison immediately?

And what about dash cams on police cars monitoring police activity; recording audio and video footage; or police body cameras? Or smart phones in public accidentally recording the conversations of people around them? Or the NSAs' mass-surveillance program going on since 911; which is mainly about financial advantage for corporations? In other words; what about your Smart Phone and/or TV being used to remotely spy on you? > Go to: http://www.forbes.com/sites/davelewis/2015/02/10/is-your-tv-spying-on-you/ + http://www.bbc.com/news/uk-34444233

SEE ALSO: TITLE 18 U.S.C., SECTION 1831 / NSA SPYING FACILITATES CORPORATE-SPONSORED PROPRIETARY INFORMATION THEFT @
http://addendumblog2.blogspot.com/2016/04/nsa-spying-facilitates-corporate.html 

Adding to this; the secret FBI recordings in question were made within the public domain; where there is no reasonable expectation of privacy. The ruling, if it stands, will prohibit prosecutors from using the secret recordings as evidence. But the problem is; JOHN IS NOT A PROSECUTOR!

The 5 defendants in question were essentially rich real estate investors; not low income crack dealers from Compton, California (for instance); therefore adding a strong class-based discrimination element to this. And the defendants lowering their voices at the courthouse was nothing more than an admission of guilt of sorts because if they had nothing to hide it wouldn't matter whether anyone was listening to them.  

And since all relevant evidence must be submitted; no court should ever ignore such important exculpatory evidence and/or involve themselves in what can be seen as a cover up of sorts to bring about a desired result; whatever that desired result may be. 

SEE ALSO: Conversation between John and neighbor Steve Henson [who is a good friend of Officer Don Paolinetti] discussing some of the events in question can be heard @ http://likroper.com/Voice0006.amr  (Note: This recording has been submitted to the California State Attorney General Kamala Harris) + VIDEO RECORDING @ THE OASIS NIGHTCLUB / 18 JUNE 2016 @ http://likroper.com/18JUNE2016.mp4 and/or GO TO: INCIDENT ON 18 JUNE 2016 / THE OASIS NIGHTCLUB IN SUNNYVALE, CALIFORNIA = PRIVATE BUSINESS OF PUBLIC ACCOMMODATION @ http://addendumblog2.blogspot.com/2016/06/incident-on-18-june-2016-oasis.html + YOUTUBE.COM: PRIVATE BUSINESS OF PUBLIC ACCOMMODATION + THE SUNNYVALE POLICE ATTEMPT TO CHANGE A REPORTERS' STORY? @ http://addendumblog2.blogspot.com/2016/07/youtubecom-private-business-of-public.html + OBSTRUCTION OF JUSTICE AND/OR DOMESTIC TERRORISM AND/OR FELONY STALKING AND/OR UNCIVIL HARASSMENT (CONTINUED) @ http://addendumblog1.blogspot.com/2015/08/obstruction-of-justice-andor-domestic.html + SEE ALSO: OFFICER JIM CARRELL AND THE DEPARTMENT OF JUSTICE: PRIOR KNOWLEDGE ETC @ http://addendumblog1.blogspot.com/2014/05/officer-jim-carrells-prior-knowledge.html

NOTE: These secret recordings were done as a result of police inaction and/or negligence; with local police repeatedly refusing to investigate on Johns' behalf; therefore causing John to take matters into his own hands. Johns' privacy was clearly invaded first; so why should it matter who's privacy was later invaded in order to prove Johns' privacy was invaded first?

"Where a lower court’s failure to act obstructs litigants from having their claims adjudicated and ultimately brought before a higher court, this Court and the courts of appeals have consistently issued writs of mandamus so that the legal process can proceed. In Ex parte Crane, 5 Pet. 190 (1831), this Court issued a writ of mandamus to compel a lower court to render its judgment, because failing to do so prevented the petitioner from pursuing an appeal..." > go to: https://nevadastatepersonnelwatch.wordpress.com/tag/ty-robben / > NEVADA STATE PERSONELL WATCH: THE TRUTH FROM THE LAND OF LEGAL HOOKERS AND GAMBLING...

"Our Constitution intended that only elected lawmakers be permitted to create law. Yet judges create their own law in the judicial system based on their own opinions and rulings. It’s called case law, and it is churned out daily through the rulings of judges. When a judge hands down a ruling and that ruling survives appeal with the next tier of judges, it then becomes case law, or legal precedent. This now happens so consistently that we’ve become more subject to the case rulings of judges rather than to laws made by the lawmaking bodies outlined in our Constitution.

This case-law system is a constitutional nightmare because it continuously modifies constitutional intent. For lawyers, however, it creates endless business opportunities. That’s because case law is technically complicated and requires a lawyer’s expertise to guide and move you through the system. The judicial system may begin with enacted laws, but the variations that result from a judge’s application of case law all too often change the ultimate meaning..."

QUESTION: If the decisions of various individual judges supposedly create "case law"; why was such attention brought to the duck massacre in Campbell, California a few years back -- while no attention has been paid to the plight of the ducks in Johns' neighborhood? Including Precious cat and/or Missy cat; with all of the latest attention on a San Jose, California cat killer who is the son of a police Officer; what about Jake Paolinetti? And why did it take Officers Fuji and Gantt two months to respond? What is the statute of limitations for case law?  

GO TO: OUTLAW DUCK FEEDER? @ http://addendumblog1.blogspot.com/2015/06/outlaw-duck-feeder.html + FRIENDLY DISSUASIVE WITNESS TAMPERING? @ http://addendumblog1.blogspot.com/2015/03/friendly-dissuasive-witness-tampering.html + CAMPBELL / Duck massacre caught on videotape / Suspect in car wash mayhem has bounty on his head @ http://www.sfgate.com/bayarea/article/CAMPBELL-Duck-massacre-caught-on-videotape-2616973.php + San Jose: Eleven more animal cruelty charges filed against accused cat killer @ http://www.mercurynews.com/san-jose-neighborhoods/ci_30124504/san-jose-eleven-more-animal-cruelty-charges-filed + JAKE PAOLINETTI: POLICE-SANCTIONED CAT KILLER ALLOWED TO ESCAPE JUSTICE? @ http://addendumblog2.blogspot.com/2016/07/jake-paolinetti-police-sanctioned-cat.html + REST IN PEACE MISSY CAT / 25 DEC 2015 @ http://addendumblog1.blogspot.com/2015/12/rest-in-peace-missy-cat-25-dec-2015.html

"When a lawyer puts on a robe and takes the bench, he or she is called a judge. But in reality, when judges look down from the bench they are lawyers looking upon fellow members of their fraternity. In any other area of the free-enterprise system, this would be seen as a conflict of interest. When a lawyer takes an oath as a judge, it merely enhances the ruling class of lawyers and judges. First of all, in Maricopa and Pima counties, judges are not elected but nominated by committees of lawyers, along with concerned citizens. How can they be expected not to be beholden to those who elevated them to the bench? When they leave the bench, many return to large and successful law firms that leverage their names and relationships..."

"The concept of “time” has been converted into enormous revenue for lawyers. The profession has adopted elaborate systems where clients are billed for a lawyer’s time in six-minute increments. The paralegal profession is another brainchild of the fraternity, created as an additional tracking and revenue center. High powered firms have departmentalized their services into separate profit centers for probate and trusts, trial, commercial, and so forth..."

"Today the skill and gamesmanship of lawyers, not the truth, often determine the outcome of a case. And we lawyers love it. All the tools are there to obscure and confound. The system’s process of discovery and the exclusionary rule often work to keep vital information off-limits to jurors and make cases so convoluted and complex that only lawyers and judges understand them. The net effect has been to increase our need for lawyers, create more work for them, clog the courts and ensure that most cases never go to trial and are, instead, plea-bargained and compromised. All the while the clock is ticking, and the monster is being fed..."

"The sullying of American law has resulted in a fountain of money for law professionals while the common people, who are increasingly affected by lawyer-driven changes and an expensive, self-serving bureaucracy, are left confused and ill-served. Today, it is estimated that 70 percent of low-to-middle-income citizens can no longer afford the cost of justice in America. What would our Founding Fathers think?

This devolution of lawmaking by the judiciary has been subtle, taking place incrementally over decades. But today, it’s engrained in our legal system, and few even question it. But the result is clear. Individuals can no longer participate in the legal system..."

“The once honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.” > go to: http://medicalkidnap.com/2015/03/13/retired-arizona-judge-reveals-corruption-in-legal-system/ 

(A lawyer from Tuscon, Arizona, John Fitzgerald Molloy (b. 1917) was elected to the Superior Court bench where he served for seven years as both a juvenile court and trial bench judge. He subsequently was elected to the Court of Appeals where he authored over 300 appellate opinions, including the final Miranda decision for the Arizona Supreme Court. During that period, he also served as president of the Arizona Judge’s Association. After 12 years, Molloy returned to private practice to become president of the largest law firm in southern Arizona. His book has received widespread praise for its candor and disquieting truths...) 

"Dr. Richard Fine’s Experience with Corrupt Judges in California: I had the pleasure of speaking with Dr. Fine at the end of 2015. He was the first attorney to challenge the system of judicial corruption in California and the first to expose it to public view. He told me how the judges conspired to attack him and bring him down once he started to reveal the corruption. Los Angeles judges denied him the payment of fees for work he had done. They imprisoned him for 18 months. They took his law license. Even after it was proven that corruption did in fact exist, and he did nothing wrong by exposing it, the California Supreme Court still refused to restore his license..." > go to: http://www.citizensdemandingjustice.org/2016/01/medical-kidnap-american-judicial-system.html + SEE ALSO: Who is Trying to Silence Filmmaker and Judicial Watchdog Bill Windsor, Currently Held in County Jail? @ http://medicalkidnap.com/2015/03/16/who-is-trying-to-silence-filmmaker-and-judicial-watchdog-bill-windsor-currently-held-in-county-jail/

 

 

NOTE: WHATEVER WAY YOUR ARBITRARY WIND BLOWS; IS THAT IT JUDGE BREYER? EITHER WAY; JOHNS' RECORDED EVIDENCE IS NOW CURRENTLY BEING PROCESSED BY THE COURT OF PUBLIC OPINION; THE MOST IMPORTANT COURT OF ALL...

SEE ALSO: NSA SURVEILLANCE MALFEASANCE + 18 U.S. CODE § 245 - FEDERALLY PROTECTED ACTIVITIES + 18 U.S. CODE § 1512 - TAMPERING WITH A WITNESS; VICTIM OR INFORMANT ETC @ http://addendumblog2.blogspot.com/2016/08/nsa-surveillance-malfeasance-18-us-code.html + SANTA CLARA COUNTY SUPERIOR COURT PRESIDING JUDGE ROSE JONES PICHON @ http://addendumblog2.blogspot.com/2016/06/santa-clara-county-superior-court.html +  DOCUMENT SUBMITTED TO SUPERIOR COURT COMMISSIONER LISA STEINGART ON 18 OCT 2013 @ http://addendumblog1.blogspot.com/2013/11/document-submitted-to-superior-court.html + JUDGE LOUIS AMADEO JUNIOR @ http://addendumblog1.blogspot.com/2013/02/judge-louis-amadeo-junior.html + OTHER RELATED LINKS: LRE RESEARCH @ http://addendumblog1.blogspot.com/2015/01/lre-research.html + 9/11 JUDGES AND THE WOLF PACK MENTALITY @ http://addendumblog1.blogspot.com/2015/02/9-11-judges-and-wolf-pack-mentality.html + CHIEF CIA ASSET REVEALS 911 TRUTHS @ http://addendumblog1.blogspot.com/2013/07/chief-cia-asset-reveals-911-truths.html + REVEALED: HOW THE FBI COORDINATED THE CRACKDOWN ON OCCUPY @ http://addendumblog1.blogspot.com/2013/07/revealed-how-fbi-coordinated-crackdown.html + FEDERAL X-OFFICER GABBY SEAGRAVE AND THE 10 MOST CROOKED THINGS THE FBI HAS EVER DONE @ http://addendumblog1.blogspot.com/2015/04/federal-x-officer-gabby-seagrave-and-10.html + THE FBI: ACTION FOR NEGLECT TO PREVENT? @ http://addendumblog1.blogspot.com/2013/07/the-fbi-action-for-neglect-to-prevent.html

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UPDATE: 8 AUG 2016 / TIMELINE: 1) 1 AUG 2016: Judge bars secret FBI recordings in alleged bid-rigging plot @ http://www.sfgate.com/crime/article/Judge-bars-secret-FBI-recordings-in-alleged-9015186.php; 2) 1 AUG 2016: John calls the Santa Clara County Bar Association (SCCBA) regarding his need for legal assistance (note: SCCBA has not returned Johns' call); 3) 2 AUG 2016: John creates new Addendum Blog 2 post titled "SECRET FBI RECORDINGS ETC" @ http://addendumblog2.blogspot.com/2016/08/secret-fbi-recordings-etc.html; 4) 5 AUG 2016: FBI director James Comey in San Francisco addressing the American Bar Association at the Moscone Center > Police misconduct focus of FBI Director James Comey's speech in San Francisco @ http://abc7news.com/news/police-misconduct-focus-of-fbi-directors-speech-in-sf/1459309/ > Note: After September 11, 2001 the FBI admitted to actively destabilizing activists for 25 years prior to the 9-11 attacks; and the USA Patriot Act later turned this dirty little secret into law. (ACLU)

A few years ago John mentioned this possible scenario to his alleged CIA buddy; as mass NSA surveillance allows law enforcement to pre-empt internal investigations -- therefore in a very large sense allowing "the fox to guard the hen house" so to speak. For instance; on August 4th, 2015 John filed his first Amended Complaint with the Superior Court of California; County of Santa Clara -- Sunnyvale Courthouse (Note: John never received the required reciprocal documentation from this court; and perhaps due to this seemingly intentional oversight -- the ex-presiding Santa Clara County Superior Court Judge in charge was later replaced by Judge Rose Pichon). After John turned onto the El Camino Real from Henderson Avenue and waited at the stop light at Poplar Avenue heading towards downtown Sunnyvale; a Sunnyvale D.P.S. vehicle then turned onto El Camino Real from Poplar WITH HIS LIGHTS FLASHING (!?!) traveling in front (!?!) of John's vehicle all the way up to Wolfe Road. John was either getting an official escort to the Sunnyvale City Clerks' office and/or this was a lame attempt at intimidating and/or coercing John; who suspects keystroke monitors were perhaps being utilized to track Johns' movements and progress on the Amended Complaint. Adding to this; a cadre of Sunnyvale Police Officers and/or Firemen were waiting in front of the Sunnyvale City Clerks' office in a highly unsuccessful intimidation attempt.

15 SEP 2016: DRYER SELFIE UPDATE / THE DAY AFTER JOHN POSTED THIS "WEINER-ESQUE" SELFIE TO FACEBOOK SHOWING JOHNS' SMART PHONE CAMERA COVERED UP WITH TAPE; FBI DIRECTOR JAMES COMEY SPOKE ABOUT COVERING UP HIS WEB CAMERA WITH TAPE > GO TO: http://thehill.com/policy/national-security/295933-fbi-director-cover-up-your-webcam

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THE SOLUTION? To end this questionable government-sanctioned variety of pervasive class-based discrimination and/or intimidation; a permanent government-subsidized program providing free legal counsel instructing participants self-representation without the assistance of financially prohibitive lawyers and/or attorneys etc would be in order. Adding to this; usage of The Martus System for certain Plaintiffs; Defendants and/or Witnesses and/or Whistle blowers etc could provide an extra layer of protection from intimidation and/or coercion and/or any other legal and/or illegal retaliation involved without the help of a lawyer and/or attorney. > go to: THE MARTUS SYSTEM @ https://www.martus.org/

NOTE: One night John went to his local 7-11 and started talking to the clerk. The 7-11 clerk of middle eastern descent was talking to a tall middle eastern looking man wearing a tuxedo with a bow tie. John asked an offhand question to the 7-11 clerk: "Is he an FBI agent?" (regarding the man in the tuxedo) to which the 7-11 clerk responded; "Oh yeh; he's the big cheese!" causing the suspected FBI agent to make a face as if the clerk needed to shut up. Question: why was an alleged head FBI agent sitting at the 7-11 in Johns' neighborhood for so long; a 7-11 where likroper.com stickers were placed on the pay phone; leading to the likroper.com web site that was and/or is literally LOADED with information about the harassment/stalking/menacing/vandalism john was experiencing at the time; without any affirmative action being taken? Adding to this; why did the FBI not respond to John after John made numerous calls regarding public corruption that John was experiencing at the time?