Tuesday, October 13, 2009

Richard Fine (CJ Inmate 1824367) Appeal to Los Angeles Sheriff Baca to review whether his arrest, booking, and jailing conformed with the fundamentals

FYI was faxed to Sheriff Baca today, receipt confirmed by his office.

Joe Zernik
Joseph H Zernik, DMD, PhD
PO Box 526, La Verne, CA 91750; Fax: 801.998.0917; E-Mail: jz12345@earthlink.net
09-10-12 An appeal to Los Angeles County Sheriff Lee Baca to use his due authority
and properly address the legal, civil and human rights of an American, inmate
Richard Fine (1824367), and with it - mark a new beginning for the Los Angeles
County justice system
Sheriff Lee Baca
4700 Ramona Blvd
Monterey Park, CA 91754-2169
Tel: (323) 526-5000
Fax: (323) 267-6600
Timely response requested by Monday, October 19, 2009

Dear Sheriff Baca:
My name is
JOSEPH ZERNIK, and I am of the people of the United States, and of the people of
Los Angeles County, California. I am not a lawyer, not even by a long shot. Therefore,
please accept this letter as the writing of layperson, applying only commonsense... I recently
took the time to review the proceedings and the records related to the ongoing jailing of
RICHARD FINE, (CJ inmate #1824367). Here, I am appealing to you as a resident of Los
Angeles County, with inherent interest in integrity of the justice system, and also as one who
believes that he has evidence of inadvertent false jailing at the Sheriffs CJ facility.

Executive Summary:
This appeal is filed with the Los Angeles County Sheriff LEE BACA, to use his due authority and properly address the legal, civil and human rights of an American, inmate RICHARD FINE (1824367).
Reconstructed Chronology:
Prior to the March 4, 2009 proceeding a request was forwarded to the Sheriff Department to have the Warrant Detail present in the proceeding, with the understanding that the proceeding would end with the sentencing and jailing of Atty Fine for contempt. Indeed, Judge DAVID YAFFE pronounced such sentence in open court, as evidenced in court reporters transcript the first record of the proceeding. Through such oral directives, Judge Yaffe mislead the Sheriffs Warrant Detail to arrest Atty Fine at 11:05 am. However, Judge Yaffe then left them with no record as an adequate legal foundation for such action. Instead, Judge Yaffe proceeded to create a second, contradictory record in court file which did not reflect any sentencing or jailing at all. In fact the March 4, 2009 proceeding was entirely eliminated from the record! The consequent Sheriffs Warrant Detail record of booking in San Pedro at 12:32 pm was likely insufficient, and is the main subject of this appeal. By 4:31 pm, papers were received by the Sheriffs Department through an anonymous fax transmission from Judicial Services. Such papers reflected yet a third, again misleading record for the litigation, including invalid records: The March 4, 2009 Remand Order and the March 4, 2009 Judgment for contempt. On such background it was understandable why Sheriff Baca refused to respond to Atty Richard Fines habeas corpus petition. The LA Superior Court and Judge Yaffe eventually responded, through papers filed on May 1, 2009 by Atty KEVIN MCCORMICK. Such Response failed to include a declaration under penalty of perjury by Judge Yaffe the competent fact witness, it also failed to produce the quintessential litigation records the Register of Actions (docket), and any evidence of entry of judgment. It relied upon records from the Sheriff Department and the Court Reporters transcript records which absent, at variance, and/or contradictory of the records in court file. Key records were filed as evidence with no authentication. Finally, there is no reason to believe that Judge Yaffe ever saw such pleading before or after it was filed on his behalf in court. It is inconceivable for the court to engage in such litigation practices to affect false imprisonment of an individual. Request was therefore filed directly with Judge Yaffe, to confirm that such records were filed with his knowledge and on his behalf. However, it remained unanswered.
Cells at Twin Tower Jail

We pray Sheriff Lee Baca review the arrest, booking, and permanent housing assignment records, and if any is found inadvertently insufficient -take corrective actions and immediately release Atty Fine. With it, the Sheriff may mark a new beginning for the Los Angeles County justice system, with dignity of the legal, civil, and human rights of all.

The full appeal can be viewed at http://inproperinla.com/09-10-13-appeal-to-sheriff-lee-baca-s.pdf or at blog with easy links to reference records. This appeal, like previous letters in the matter, was widely distributed to law school faculty, U.S. Congress, and international Human Rights organizations.

I appeal to you because I believe that you have the duty and the authority to review the
procedures executed in arrest, booking, and jailing of Richard Fine, and also the authority to
take appropriate action as you may deem fit, following such review. Beyond that, I appeal to
you because I read your online statement and your biography, and I believe that you have a
clear vision of your position within the government system of Los Angeles County, and what
you stand for as a man. You advocated that vision in your welcome message on the Sheriffs
web page:
Finally, I appeal to you because you may be able to implement a solution for an intractable
situation, which I believe is a disgrace for our courts and our government.