For-Profit Criminal Prosecution Violates Due Process, A Trending Problem

On two different cases, at the El Monte Courthouse, I objected when the government permitted  private lawyers to act as criminal prosecutor, which I argued violates both state law and our Constitution. The first time, my motion was denied. After appealing the judge, that judge denied that the ever motion was ever presented before him. In the second instance, my motion was denied by another judge. We have a trending problem in this country. When politicians can't get the public prosecutor to file criminal charges in a case, those politicians then waste taxpayer money in hiring private lawyers to act as a public prosecutor in order to maximize profit for lawyers and to intimidate citizens from speaking out against these politicians. The problem with this practice, as I'll explain below, is that it's unconstitutional.

The Baldwin Park School District hired two attorneys to criminally prosecute me for a traffic ticket, after I outed the fact that their school police chief, Jill Poe, was a fraudster, felon, and serial sexual predator. Poe was then hired to work amongst children as young at the age of five. 

The school district was upset. First, they asked the District Attorney to prosecute me. But that didn't happen.

So they had to turn to illegal options. The District then  hired Alfonso Estrada, a partner of the firm of Atkinson, Andelson, Loya, Ruud & Romo. They also hired Sarah Lustig, an associate, to draft the papers. 

The problem with this entire practice is that this firm probably charged $10,000 to $20,000 to prosecute a $238 traffic ticket. In short, money that could've been used to enhance the student's education was directed to a private law firm. 

The Baldwin Park School District, which I was a student of, is a failing school district. The school district's performance is abysmal. U.S. News ranks Baldwin Park School District at 4,418. It says only 17% are college ready. Only 51% are meeting minimum literacy requirements. And only 17% are proficient in mathematics. So shouldn't we be spending this money on the students, instead of on private attorneys to punish a journalist?

Besides the financial misappropriation, this entire practice is unconstitutional. The 5th and 14th Amendment of the our Constitution guarantees us Due Process in a criminal proceeding. Traffic tickets are governed by criminal and not civil procedure. 

The reason the practice is unconstitutional is that the accused has a right to have a fair and impartial prosecutor. The prosecutor has the right to drop charges or give the accused a reasonable plea bargaining. But if that prosecutor is getting paid per the hour, she will not drop charges and will drag out the case to maximize profits at the expense of the taxpayer.

Furthermore, in California, city prosecutors need to receive consent from the District Attorney to prosecute cases. Here, Lustig and Estrada did not do so.  And number two, school districts are not permitted to criminally prosecute people. Aren't schools supposed to be in the business of education, not punishing people criminally? (The latter is the job of the prosecutor's office.)

When I brought the issue before the presiding judge of El Monte, he denied my request without even analyzing the issue. Then, at trial, I brought it up again, and Villeza lied and said he didn't know what I was talking about. (The entire proceeding had to be the most kangaroo and corrupt affair I ever faced before a judicial officer. I ended up reporting him to the judicial council. More on him, later.)

This problem wasn't limited in my traffic case. The City of Baldwin Park also hired a private law firm to prosecute one of my clients, who was also protesting the City. (The case has been appealed).

Although I had a right to appeal, the appellate courts failed to give me a review on the issue. I did however receive a Supreme Court order for the Court of Appeal to review my case. And guess what? The Court of Appeal denied giving me a review again.

So you know what I had to do? 

I filed a writ of cert at the United States Supreme Court. In my petition, I asked one question only: Can a for-profit law firm, without supervision from the public prosecutor, be contracted out to criminally  prosecute  someone and still be impartial and fair under the Due Process clauses of the 5th and 14th Amendments? (What does a Defendant have to do to get a fair hearing in this town? Go all the way to the U.S. Supreme Court?)

If you read my writ, you'll see that this problem of private criminal prosecution is trending all over Southern California, Texas, and Alabama. For instance, in Southern California, the impoverished City of Indio hired a private law firm to prosecute an older Hispanic lady for having too many chickens. She was fined $4,000. This practice is really outrageous, bad for society, and only benefits these private law firms that have nothing else better to do but prosecute old ladies with chickens, an activist who didn't run a stop sign, and other activists who put up signs of politicians.

I'm presenting this problem at a time, when all around the world, a state of emergency has been declared. Nonetheless, this doesn't excuse the government from providing us with Due Process to challenge its power. John Cusack once said, "It's a very frightening time when something as basic as due process is seen as somehow radical."

Reconciliation by Gandhi; Merry Christmas

I never suspected that Gandhi had such a bad fight with his wife, Kasturba, who he affectionately called "Ba". (Incidentally, Gandhi had an arranged marriage at the age of 13). I just read an insightful piece by Gandhi about reconciliation and his wife that I wanted to share today on Christmas day

Now, most of you will know who Gandhi is, but I have a lot of readers on my blog. One day, a 19 year old asked me who the photo was on the book I was reading? I said, "Gandhi." He asked, "Who's that?"

In short, Gandhi was an Indian native, London-trained lawyer, who led the nonviolent revolution against the British empire to win India its independence. A Hindu extremist (though the Indian Times now disputes this) assassinated him, glorifying Gandhi as a martyr.

Gandhi's been elevated to a saint; so, I never thought he would have such a vicious argument with his wife. To give you some background on what happened, Gandhi and his wife both belonged to the merchant class family in India at a time where the caste system was officially in place. The lowest class of people were untouchables. The Hindus believed that the untouchables were cursed by the gods and reincarnated as the dregs of the earth. To even drink water from the same well meant that one would become cursed. So they weren't touched; hence, the name untouchables. (Gandhi incidentally called them the Children of God.)

While Gandhi was practicing law in South Africa, he didn't have any plumbing in the office. He didn't believe in having servants. So, they emptied the chamber pots of even his law clerks. If you don't know what that means, it means they defecated in pots and had to be emptied and cleaned. Gandhi and wife served his employees by doing so.

First, you have to think how humble Gandhi was to empty the chamber pot of his employee, as a lawyer and employer. I don't think I could do it. And his wife didn't have a problem with it, except when it came to a Christian law clerk who was from the untouchable class. Ba didn't want to do it. So, Gandhi forced her to do it and commanded her to do the duty cheerfully.

Ba shouted she was leaving the house and all the intolerable rules. So Gandhi grabbed her by the wrist and took her to the gate. 

Ba, with tears streaming down her face, told Gandhi, "Have you no sense of shame. Must you so far forget yourself? Where am I go to? I have no parents ore relatives here to harbor me. Being your wife, you think I must put up with your cuffs and kicks? For heaven's sake, behave yourself and the shut the gate. Let us not be found making scenes like this!"

Gandhi said that he felt ashamed. Gandhi welcomed Ba back home and concluded that if she wasn't going to leave him, he wasn't going to leave her.

Fast forward over 20 years later. Husband and wife are back in India.

Ba stood by her husband's side, when Gandhi led the Salt March to the Arabian Sea. At the time, the British were overtaxing the Indians by monopolizing salt and prohibiting them from purifying their own salt. Gandhi objected and led a 241-mile march to the Arabian Sea. 

When he reached it, he picked up a rock of salt and declared, “With this, I am shaking the foundations of the British empire." (The American revolution may have started with a gunshot heard around the world, but Gandhi's revolution started with a declaration that was heard all around the world.)

As a result, and predictably, the British arrested Gandhi, his followers, and Ba. She died in prison serving Gandhi and the cause of Indian (both Hindu and Muslim) independence.

Merry Christmas to everyone.

Update on Life - August to December

Me at a Roman Ruin

Last time I updated everyone was around August. I've been busy with  pro bono litigation, but now that the holiday season is coming, things are slowing down and I can write more. 

I've been wanting to write for awhile now, but the truth is that I've had no energy or time to. My mind's generally been spent. A lot has happened from August to December of 2020, and I'd like to report on that in the coming weeks. 

Since so much of what has happened was and is important, these events all deserve their own article. So what do I want to say now?

Covid-19

Well - there's no ignoring the fact that the Covid-19 pandemic has changed our lives, at least in Los Angeles. I have friends in New Zealand who are not in lockdown. We are arguably on stricter lockdown now than we were when the virus first appeared here. I read today that Washington DC has followed what the government is doing here. A strip club recently won at court that the lockdowns are illegal for strip clubs and restaurants.

As a trained biologist, I found and still find it hard to believe that there's a virus causing this pandemic. I know it's controversial what I say, but when I studied microbiology, the key test to prove viral causation is Koch's Postulates. (I personally have my own views of some of the flaws of this test, but so far, it's what the scientific community has agreed upon to prove that a pathogen causes a disease.)

Back in April 13, 2020, I wrote an article about how the coronavirus fails Koch's Postulates. Since then, more critics have followed suit and repeated such claims. I still haven't seen any proof that Covid-19 passes Koch's Postulates.

For those of you who don't know, to prove that there's a Covid-19 virus, the infected lung fluid, when injected into a healthy person, has to replicate the illness. Has that been done yet?

Of course, like with most disease, the medical community says better to be safe than sorry. But at what cost? The destruction of a great majority of small businesses? What about the increasing suicide rates? What about the increasing levels of stress and depression? 

What about the fact that most of the students between kindergarten and high school won't be getting educated? Studies are already showing that the number of students failing has doubled, if not tripled. What's even more concerning is that the poor and those with learning disabilities are disproportionately affected. A news report I watched said that only one-third of students attend every class online.

So, what's the cost of being safe? I ask you again.

Now, before people start barraging me with criticism, my brother and I have a mutual friend, who is a nurse. Through hearsay, I'm told that the intensive care units are full and that people are dying. 

So, let me investigate and get back to you. (Allegedly, this mutual friend was vaccinated and the reaction was horrible. He had the chills, fever, and body ache.)

But in any event, even though a virus might not cause a disease, doesn't mean a disease isn't out there. What it does mean is that we need to start looking at other factors. I'm reading a book that says that the two main factors besides pathogens that cause disease are (1) toxins, and (2) nutritional deficiencies. 

Why is that none of these experts are looking into those factors, and instead, concentrating on being virus hunters? A thorough investigation for causation requires exploration of all three.

Anyways, I have more to say, but later. I'm still researching and have thoughts on all this. The general mortality rates reported hover around 2% by region. At the very least, we as a society need to rethink how to redraw these policy lines, so that the rest of the 98% aren't damaged, harmed, and ruined by 2% of the population that are dead or dying. 

Incidentally, about over two weeks ago, I was in contact with someone who tested positive. I generally didn't have any symptoms. With the exception of buying food and exercise, I had to self-isolate for that time.

Litigation

I've been busy in this area, and I want to report my most important cases here. More to come over the weeks on that.

Politics

Manuel Lozano, the city's most corrupt and evil Mayor, has finally been voted out. More on him later, but the former mayor has left a wake of corruption, brokenness, bitterness, and a legacy of destruction behind him. I'm finally glad people woke up and saw the light.

To prove how self-focused he is, Lozano named the Council Chamber after him at his final council meeting. The new council, at their first meeting, revoked the name. There's no politician we had in our history that ever had such gall.

Also, if you didn't know, the City Attorney, Robert Tafoya (who I have constantly stated on this blog is unethical) is finally being investigated by the FBI. The activists here are fairly certain that former Council Member Ricardo Pacheco has or is also being investigated too. It has not been confirmed if search warrants were served on Lozano too. (Any tips are welcome.)

Since these recent events, I read a quote by Gandhi that rang true. Gandhi said, "When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall."

So that's it for now. You should be hearing more from me.

Paul