CA Comm on Judicial Performance wants no audit of its performance

On August 17th at 9:30 am in San Francisco Superior Court Department 302, an important public-interest hearing will take place. The case is the California Commission on Judicial Performance (CJP) v. the Bureau of the State Auditor (BSA) Elaine M. Howle. The hearing is scheduled to be presided over by Judge Suzanne Bolanos.

Several people have asked me to explain to them why this hearing is so important.  The following is not a comprehensive explanation.  It’s a broad overview explaining just the gist of the matter.

CJP is the state agency charged with overseeing the conduct of California’s nearly 1800 judges and justices.  The CJP has been in existence since 1961 and has never been audited. For years people have reported that their performance is less than stellar, and as a result is causing much hardship for people who can find no relief from unethical conduct in the courts.

The CJP has sued State Auditor Howle to stop her office from being able to audit their questionable performance.

In August of 2016, the California Joint Legislative Audit Committee (JLAC) issued the order for Ms. Howle and the BSA to audit the CJP’s performance and financials.  They asked Ms. Howle to examine more than two dozen questions broadly covering the agency’s “policies and practices for handling and resolving complaints against judges.

The audit request came about because of public outcry, various reports and testimonies to the California Legislature that indicate the CJP is shielding and enabling judicial misconduct in legal proceedings (suborning of perjury, concealment of fraudulent court documents, bias causing wrongful outcomes of litigations, “case-fixing”, etc). 

There are judges who have also complained. Their complaints have been that the CJP allows itself to be misused to retaliate against judges who have spoken against insider politics, ethics problems and financial mismanagement in California’s judicial branch.  There is strong evidence that the CJP is not forthright nor consistent in its performance.

The citizen effort which caused the audit to come to fruition was led by Joseph Sweeney of Court Reform LLC, Kathleen Russell of the Center for Judicial Excellence, Political Science Professor Tamir Sukkary, and California Attorney Barbara Kaufman. 

Many other organizations and citizens sent letters and called their legislators in support of the need for the audit once Mr. Sweeney, Ms. Russell, Mr. Sukkary, and Ms. Kaufman opened the door. The judges’ trade organization, the California Judges Association, also sent a letter in support of the need for the audit of the CJP.

The scope of the proposed audit was prepared by the BSA last year. There are approximately eighteen areas in need of investigation. The CJP has primarily balked to having those areas audited which address their performance-failures to consistently adhere to CJP Rule 111.4. The Rule states,

“Discipline, including an advisory letter, shall not be imposed for mere legal error without more. However, a judge who commits legal error which, in addition, clearly and convincingly reflects bad faith, bias, abuse of authority, disregard for fundamental rights, intentional disregard of the law, or any purpose other than the faithful discharge of judicial duty is subject to investigation and discipline.”

In October of 2016, the CJP filed their lawsuit against State Auditor Howle in the San Francisco Superior Court seeking to limit the scope of the proposed audit to their financials — but not their performance. They claim that one of the rules (which they wrote for themselves) Rule 102 prevents audit of their confidential case-files; and thus prevents audit of their performance when handling the cases.   

 News reports indicate that “the controversial lawsuit against the auditor was ordered by CJP Director Victoria Henley and reportedly will cost the public north of six figures. Henley is paid $194,000 per year by California taxpayers.”

Ms. Henley has served as CJP’s Director-Chief Counsel since 1991.  In May of 2017 she announced her plans to retire at the end of this year.

(Correction. Ms. Henley’s annual income is reported to be just shy of $270,000.00.) IMG_5136

The purpose of audits of government agencies is not to cause punishment for past misdeeds (including those by recent retirees). It is to investigate past and current problem areas so that suggestions for improvements may be made to cause better stewardship of government agencies in the future. 

The State Auditor’s stance is that Judge Bolanos must ultimately decide “whether the Legislature has the legal authority to require state agencies to provide confidential materials to the Auditor during an audit directed by the Legislature”.

Under the direction of Auditor Howle, the BSA has conducted numerous audits of many state agencies. These have led to performance reforms and improved financial efficiency in the public’s best interest. 

To our knowledge, no one has ever accused State Auditor Howle or her staff of being reckless with their handling of sensitive and confidential material. Multiple unfounded inferences within the CJP’s briefs that the State Auditor would somehow be less than professional when handling their confidential files, strongly appears to be a desperate attempt to paint a false light portrait to derail the comprehensive auditing of the CJP.

One may read all the briefs and declarations that have been filed in the matter of COMMISSION ON JUDICIAL PERFORMANCE VS. ELAINE M. HOWLE ET AL Case Number: CPF16515308 at the San Francisco Superior Court website: http://sfsuperiorcourt.org/

The private-sector government-watchdog, Judicial Watch, Inc., has submitted a friend of the court brief in support of the California State Auditor’s and her staff’s ability to perform the much needed and long overdue comprehensive audit of the CJP.  They are also requesting to appear at the August 17th hearing.

Judicial Watch’s recent Press Release provides an additional overview of the importance of the matter.  To quote:

“The case sheds much-needed light on the unbelievable history of a taxpayer-funded agency that’s conducted its business in private—and with no oversight—for 56 years, even though protecting the public is among its key duties. The agency is known as Commission on Judicial Performance (CJP) and it’s charged with enforcing rigorous standards of judicial conduct and disciplining judges in the nation’s largest court system.”

Sharon Noonan Kramer

Posted in Health - Medical - Science | 3 Comments

In Remembrance of Mold Advocate Mary Mulvey Jacobson

Dear All,

It is with great sadness that I report that Mary Mulvey Jacobson passed away on May 20th. It is easy to understand what a wonderful person she was by reading the local Boston area reports of her passing.

5/22/17 Wicked Local Parkway remembers, honors Mary Mulvey Jacobson

On May 12, the Parkway Community YMCA dedicated the “Mary Mulvey Jacobson Community Room” in her honor. Although she wasn’t well enough to attend the ceremony, organizers Skyped her in so she could see all who had gathered in her honor, including representatives from West Roxbury Main Streets, Ethos, the Irish Social Club, West Roxbury Business and Professional Association, Kiwanis Club and the Rotary Club, as well as local politicians including state Sen. Mike Rush, Congressman Stephen Lynch, District Attorney Dan Conley, and City Councilor Matt O’Malley.

“We decided that because she was so dedicated that it was fitting to have that room dedicated to her,” said Marion Kelley, Parkway Community YMCA executive director. “We brought the laptop around so she could wave to folks. … She really enjoyed it.”

5/23/17 Boston Globe Obituary

Mary was the President of the West Roxbury Business and Professional Association, Chairperson on the boards of the Parkway YMCA and Ethos, President of the Irish Social Club. She was a member of the Ward 19 Democratic Committee for 20 years. Mary was also involved in numerous other community organizations. There are far too many to mention.

5/24/17 Bulletin Newspaper “Remembering Mary Mulvey

Anyone who ever set foot in the Irish Social Club at some point would have run into Mary Mulvey Jacobson. She was a consummate advocate for the Parkway community, and helped to share her love of the neighborhood by giving back as much as she could, whether it was helping out over at the YMCA or her bi-annual turkey delivery in the form of Family in Need, Jacobson was always on a mission….Residents knew her to be a powerful force over the years, almost always working for others, and she helped to bring back the Irish Social Club after it had fallen into disuse and disrepair.

Her Family in Need program not only fed more than 200 residents and families in the Parkway, but also helped two or three families directly with whatever they needed, whether it was help with home repairs, children’s clothing or almost anything they needed, when Jacobson was on the job, residents knew they would be taken care of.

“Mary was an easy organizer. Life just came together around her. She knew everyone and everyone knew her. A force of nature,”..“She did things because she truly cared about her community and because doing the right thing mattered… She was kind, generous of her time, and always with a smile and a good laugh”

In the community, Jacobson will always be remembered as a kind soul who did whatever she could to help those around her. Jacobson’s like will not be seen again…she was the type of person you would go to and ask for help and she was there to say yes every single time. She had a way about her, she would go in and talk to people and even if it was difficult for them they would usually go along with Mary and she had a really nice way of working with people and getting things done.’

“The passing of Mary is a huge loss….Not only did Mary dedicate her life to the families and businesses of West Roxbury, but she also inspired so many of us to get more involved in improving where we live, work and play,”

 

This is what I want the world to know of Mary Mulvey Jacobson and what she did that has helped thousands of people:

In her professional career, Mary was Chief of Staff for a Boston City Councilor. Her ability to work full time ended around 2000 after being made gravely ill from exposure to mold in a water damaged building.

True to form, instead of sitting back feeling sorry for herself, Mary worked as much as she could to change policies on a national level. She didn’t want anyone to experience the same thing that she had.   She was especially concerned for the welfare of economically disadvantaged children living in substandard housing.

I first met Mary in Washington DC in September of 2004. She was attending U.S. Congressman John Conyers’ caucus over the mold issue that had been primarily organized by Dr. Simone Sommer and her son, Josh.

Bianca Jagger was the keynote speaker. Like Simone, Josh, Mary and countless others who packed the hearing room, Bianca was also injured by mold and was having difficulty finding help from mislead U.S. physicians.

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[Photo: September 2004 Josh Sommer, Simone Sommer, Bianca Jagger, Congressman Conyers, Katrine Stevens, Mary Mulvey Jacobson, and Nancy Davis ]

It quickly became obvious to me that Mary has special talents and skills. She was a delightful person who spoke her mind directly without being offensive.

She and I developed a fast friendship.  We met in D.C. several times in the coming years. We knocked on so many legislators’ doors together that I can’t even count them all.

As I recall, I would explain how a widely marketed scientific fraud was occurring in the mold issue and what needed to be done to stop it.  But Mary was the closer!

She could truthfully and passionately articulate the vast harm from the problem and why the legislators needed to act to make it stop.  Although the subject matter was not a pleasant one, it always warmed my heart to watch Mary artfully articulate her heartfelt pleas for help.

We were seeking legislative help to remove the scientifically void concept from physician educational materials, policies, and toxic torts — that it had been proven mycotoxins in water damaged buildings can never reach a level to harm.

For a greater understanding of the widely-marketed science fraud by U.S. policy-setting medical associations, et. al. please read the January 2007 Wall Street Journal article “COURT OF OPINION Amid Suits Over Mold, Experts Wear Two Hats Authors of Science Paper Often Cited by Defense Also Help in Litigation

The 2007 WSJ article was written by David Armstrong of WSJ Boston office.  It came about in large part because of a D.C. door which Mary was key in causing to crack open.

It was the door of the late Senator Edward Kennedy of Massachusetts, Mary’s home state. Senator Kennedy was the minority chair of the U.S. Senate Health, Education, Labor and Pension Committee (HELP) when we first began calling on that office.

A long story short, in October of 2006 via HELP, Senator Kennedy ordered a federal GAO audit of the mold issue. The audit report was titled “INDOOR MOLD: Better Coordination of Research on Health Effects and More Consistent Guidance Would Improve Federal Efforts” It was released for publication in October of 2008.

Contrary to what the medical associations were falsely marketing as proven science, the audit found that it was indeed plausible that mycotoxins in water damaged buildings were physically harming people.

Best said in Mary’s own words, July 2007:

“A short time after that we communicated our concerns and offered this documentation to you, we also offered them to the Wall Street Journal who believed that we had merit in our suspicions. After a 6 month investigation, the Journal published this past January a front page, top of the fold article exposing the conflicts of interest that surrounded the publishing of the ACOEM’s Guidelines on mold illnesses. Of note, one doctor mentioned in the WSJ article and the key sponsor of the ACOEM Evidence Based Guidelines had been recruited for membership by ACOEM to write the paper. This former Deputy Surgeon General had his membership compted so he could submit the paper.

We also offered our information to elected officials on the Federal level. Especially in light of Katrina and Rita, we were very pleased that Senator Kennedy submitted to the GAO this past October a request for study of our government’s efforts to “minimize and mitigate illnesses associated with human exposure to mold in housing and other indoor environments.” He notes that there is growing evidence that otherwise healthy individuals who are exposed to most experience persistent health problems.”

Like the WSJ article of 2007 (of which Mary was a behind the scenes contributor) the 2008 GAO Report lent rightfully-due credibility to the words of those being disabled by mold, their advocates, their treating physicians, and their attorneys. It became more widely known as scientifically plausible that people are being disabled by the microbial contaminants found in water damaged buildings.

In subsequent years, much has been written of the scientific fraud in policies which Mary was instrumental in exposing. Although it still lingers in some physician educational materials, government funded policies, insurer claims handling practices and toxic torts – it has been widely discredited and is much easier to fight in courts and claims handling practices all across the United States, in large part because of Mary.

Today there are many younger advocates, physicians and attorneys in the mold issue who still fight for justice for those being environmentally disabled.  I want them to know who Mary was and what she did to give them a fighting chance to be heard.

Mary Mulvey Jacobson was a rare and great lady.  Like many others who knew Mary, I feel fortunate to have known her, to have learned from her, and to have called her my friend.

Sharon Noonan Kramer

Posted in Centers for Disease Control and Prevention, Health - Medical - Science, Mold and Politics, Toxic Mold | Tagged | Leave a comment

Request for a meeting to discuss proposed CaDoJ policy implementation purposed to thwart crime in California legal proceedings.

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Meeting request and attachment in pdf

Posted in Civil Justice, Fourth District Division One Appellate Court | Leave a comment

Mold Insurer Fraud ~ Beware the 9th of March!

I have a meeting tomorrow with an attorney from the Criminal Dept of the California Attorney General’s office.  They picked the date which is oddly an anniversary date for me and the mold issue, that I always remember every year — things seem to happen on this date.

 

On March 9, 2005, I published a writing on the Internet.  It exposed who was involved in mass marketing the scientific fraud that it was allegedly proven Toxic Mold can never reach a level to harm in water damaged buildings.  

I named names: Bruce Kelman, Veritox Inc (formerly GlobalTox, Inc), the Manhattan Institute Center for Legal Policy, the US Chamber Institute for Legal Reform, U.S. Congressman Gary Miller (R-CA) and the American College of Occupational and Environmental Medicine (ACOEM).

For 12 years, the toxicologist-creators of the fraud (owners of Veritox, Inc.), their attorney Keith Scheuer, and multiple jurists in the California courts have been framing me for libel for the writing to keep the fraud going.  I have so many fraudulent and fraud-concealing court documents in my possession, I’m not even sure I could count them all.

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On March 9, 2012, a San Diego, California judge who knew that his court had no subject matter jurisdiction b/c of his usage of fraudulent court documents from the prior SLAPP, Judge Thomas Nugent (now retired), sentenced me to jail for refusing silence of the case-fixing to defraud the public, and refusing to sign a false confession of being guilty of libel — that was crafted by Scheuer. 

(On March 14, 2012 Judge Nugent had me brought before him in shackles and chains and tried to coerce me to sign the false confession again, to no avail)

The San Diego Superior Court Presiding Judge let Judge Nugent finish out his harassment of me in the case to the point that I have a void permanent injunction, issued from a court with no subject matter jurisdiction, not to “republish” a sentence that is not even in my 2005 writing.  

Then they moved him out of his courtroom of over twenty years.  But no public admonishment was ever made and Veritox’s fraudulent and fake-dated liens on my property from the fixed SLAPPS continue to accrue interest, daily, to this very day.  They are the direct evidence that the 4th/1st appellate justices know they are concealing fraudulent court documents in fixed SLAPP, that they must obstruct from being vacated to avoid spotlighting their criminal roles in Veritox et.al.’s massive insurer fraud scam. 

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On March 9, 2015, WorkCompCentral helped me publicly make the announcement that the American College of Occupational and Environmental Medicine (ACOEM) was no longer marketing the science fraud of Veritox, Inc. as the alleged medical understanding of their 7000 learned physician members. (ACOEM wouldn’t comment on the WCC article and tried to just quietly remove the fraud from their website).

They still market the paper as an unretracted article in their Journal of Occupational and Environmental Medicine (JOEM). Weakened greatly by no longer being sold as a position statement, the JOEM publication still enables it to be used to commit work/comp insurer fraud in litigations (just with not as much alleged credibility).

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So…tomorrow on March 9, 2017, after many years of trying to save lives from the widely marketed science fraud that has been covered up as fraud in the CA courts; I will finally have a meeting with someone who can prosecute the California jurists, Veritox owners, and Scheuer for the 12 years of unrepentant SLAPP fixing by criminal means to defraud the public. It is amazing that this has continued for so long with so many blind-eyes enabling it — because it must surely be one of the biggest, longest, deadliest insurer fraud scams ever to occur in the United States; in large part with the use of state and federal tax dollars.

About tomorrow’s meeting (they picked the date, not me!):

In a message dated 3/8/2017 12:57:11 P.M. Pacific Standard Time, SNK1955@aol.com writes:

Dear Mr. XXXX and Mr. YYYY

As you know, I am coming to ___ tomorrow to meet with Mr. YYYY and hopefully also Mr. XXXX.  A friend of mine, ZZZZ, will be coming with me to take notes.

What caused this meeting to come about, was the follow-through on a statement that Attorney General Becerra made on February 9, 2017.  I informed him and provided (some of) the evidence of Judge Dato, et.al. being involved in a massive insurer scam to defraud the public. 

AG Becerra voted to appointed Judge Dato to be an associate justice in the 4th/1st.  Then stated he would like to follow up on my statements of Dato’s involvement in the massive crime; and his office would investigate.  Mr. XXXX has followed-up, causing this meeting tomorrow.

The Commission on Judicial Performance (CJP) has been aiding the crime to continue. Since 2010 they have repeatedly refused to admonish their former chairwoman, Justice Judith McConnell, Dato, et.al. for case-fixing a SLAPP suit (actually two) and obstructing the vacating of void on their face judgments/liens with false dates on them — which is directly enabling the insurer scam to continue by use of criminal means. 

One may see the evidence of some of the fraudulent court documents I provided to Attorney General Becerra and read a recap of what occurred on February 9th, 2017 when Judge Dato was appointed to the 4th/1st, HERE.   

Tomorrow, I am not bringing a mountain of evidence with me.  I am only bringing enough so that you all can grasp what a massive crime this really is; with thousands of lives continuing to be devastated from those fake SLAPP documents remaining criminally obstructed from being vacated.

What I hope to accomplish tomorrow is to gain a greater understanding of what it is going to take for the Attorney General of California to prosecute those involved in the SLAPP fixing that is purposed toward causing the continuance of a massive insurer fraud scam.

Once I have that knowledge, I will file another complaint with the CJP containing the direct evidence that your office needs to prosecute.

I don’t want to spend a lot of time explaining the insurer fraud, itself.  That could take a day by itself. I’ll bring the direct evidence that it’s known insurer fraud founded on known scientific fraud penned by well connected toxic tort expert defense witnesses.  They are the owners of Veritox, Inc. and plaintiffs to the 12 years of fixed SLAPP.

If you all could read the following four short documents and watch the below video of a presentation I gave at a conference in 2015 — I think you will understand why I am not going to be silenced until this deadly fraud is made to completely cease — by the acknowledgement of the unrepentant case-fixing, unvacated fraudulent court documents in fixed CA SLAPPs.

1.  Wall Street Journal January 2007 “Amid Suits Over Mold Experts Wear Two Hats, Authors of Science Papers Often Cited by the Defense Also Help in Litigation”.

2. International Journal of Occupational and Environmental Health 2007 “American College of Occupational and Environmental Medicine, A Professional Association in Service to Industry” (the portion I wrote re: ACOEM’s role in mass-marketing the science fraud.

3. WorkCompCentral, March 9, 2015  “ACOEM Takes Down Position Paper Commonly Used to Defend Against Mold Claims” (I gave the interview b/c the medical director of OSHA would have needed a handler to do it)

4. My March 9, 2005 writing was the first to publicly expose how the science fraud was being mass marketed by joined unclean hands of toxic tort expert defense witnesses, industry, a “nonprofit” medical association and US Congress. “Jury Finds Toxic Mold Harmed Oregon Family. Builder Arbitration Clause Not Binding” This is the writing for which the CA judges and justices have spent 12 years framing me for libel for the words “altered his under oath statements”; and burying the evidence of what they’ve done to me by numerous criminal acts to keep the fraud that I exposed in 2005, going from coast to coast.

5. VIDEO of my presentation at a mold conference in November 2015.  I’m explaining how far the fraud has spread directly b/c of the 12 years of unrepentant fixed SLAPP/concealment of fraudulent court documents/concealment of plaintiff perjury  — and much of what I’ve done to try to stop it/render it useless.

If you want to know more detail of how the deadly fraud is being abetted to continue by the unrepentant criminal acts in the Ca court — with the “independent state agency” CJP turning a blind eye to the collusive problem: 

6.  This 2015 DOCUMENT is not for the faint of heart. It’s very long and has links noting who all received a copy. Read it if you want to understand more before we meet tomorrow.  It details where all the fraud continues to go with the use of federal tax dollars and who all knows it continues by crimes going unpunished in the California courts. The plaintiffs to the fixed SLAPPs are toxic tort expert defense witnesses who are STILL hired by the USDOJ, et.al.

7. This is communication with the USDOJ as of December 2016. “DOJ, Unveil California Justices’ Obstructing the Vacating of Deadly Backdated SLAPP Documents“. It  illustrates that they know the only reason they can continue to hire Veritox, Inc. as toxic tort expert defense witnesses is because they won’t prosecute them or the CA jurists for the criminal acts in fixed SLAPP.

8. In 2014 I threatened to sue the CJP for their role in covering up the massive, deadly fraud by refusing to admonish the jurists involved in the SLAPP fixing (including their former chairwoman, Justice McConnell).  There are many links in this link, so it takes awhile to open.  The so called watchdogs of integrity in the California courts seem to care less of the harm they cause by failing to do their jobs.  Most likely b/c they know it’s no risk of harm to them, personally.  The CA Atty General’s office will defend them with the use of tax dollars.  And even if they lose, there is no real personal punishment for the Commissioners and their staff abetting this crime (and many others) which harms thousands. To quote:

Your obfuscating letter of February 6, 2014, offers no legal justification for blatant dereliction of duty. It is inconsistent with the facts in evidence. It violates article VI section 18 of the California Constitution. As the COMMISSIONERS are well aware, “Acts in excess of judicial authority constitutes misconduct, particularly where a judge deliberately disregards the requirements of fairness and due process.” Gonzalez v. Commission on Judicial Performance, (1983) 33 Cal. 3d 359, 371, 374. California Penal Code 134 states that falsifications and concealment of falsifications of court documents are felonies. It is proven beyond any doubt that this has occurred, when no subject matter jurisdiction existed. The undeniable judicial misconduct certainly warrants discipline by individuals appointed to the California “independent state agency”, the CJP, in furtherance of integrity in the courts.

So tomorrow, I am probably going to be asking as many questions as I am providing statements and direct evidence.  I want to know what evidence Attorney General Becerra requires to follow through on his February 9th statements that he will address the CJP unpunished crimes when SLAPP fixing and involving Judge (now Justice) Dato, et.al.

Mr. XXXXX, I hope you will be joining us. I strongly feel that this matter has future impact on your department, too.  In addition to shutting down a massive insurer fraud scam which harms thousands, I am seeking solutions to stop the above-the-law mentality which seems pervasive in California’s judicial branch. I believe with the help of his deputies, Attorney General Becerra can play a key role in causing this to happen for the good of the people of California and the United States.  

Sincerely,

Mrs. Sharon Noonan Kramer

760-822-8026

Posted in Health - Medical - Science | 2 Comments

This really happened in the 4th/1st Appellate Court yesterday

Oh boy. This really happened in the same courtroom on the same day in San Diego yesterday. It was in the 4th District Division 1 Appellate Court, 750 B Street.

In the morning, one judge was appointed to be an appellate justice by the Commission on Judicial Appointments (COJA)

In the afternoon, another judge was being tried for being an unfit judge by the Commission on Judicial Performance (CJP).

One of the two judges is criminally involved in creating fake court documents that harm thousands of people – to the point that some have committed suicide resultant from the fraud.

The other of the two judges made a few off-color remarks in his courtroom.

Guess which judge was being tried as unfit by the CJP and which one was being rewarded with a promotion to appellate justice by the COJA.

Answer: The judge who committed the criminal acts, Judge William Dato, was rewarded with an appointment of appellate justice by the COJA.

The judge who made a few off-color remarks in friendly jest, Judge Gary Kreep, has been run through the gauntlet by the CJP (with your tax dollars).  They are character-assassinating him to make him falsely appear to be someone who would use such words “Grab them by the p***y” on a daily basis when deciding court cases.

He claims he is being retaliated against because of his political beliefs.  Like Trump, he’s a birther.  I’m inclined to believe there is truth to his words regarding the CJP targeting him.

Last  Monday, I attended and watched a portion of his trial. It looked like a lot of smoke and mirrors to me.  Kreep’s real words seem to indicate some insensitivity, but no cruelty or meant-harm. And certainly not consistent with the false light portrait they and some of the local media are portraying of him as someone unfit to be a judge because of sexual harassment.

The stark difference in the manner that Judge Kreep and Judge Dato are being treated is an astounding thing to witness in the same courtroom.  It seems to prove the claims that many California judges have made:

The CJP and Cal court power-brokers protect well-connected jurists who commit egregious misconduct and crimes; and they abuse their powers to harass other jurists who don’t fit their agenda.

I SPOKE AGAINST JUDGE DATO’S APPOINTMENT B/C OF UNPUNISHED CRIME

17.02.09 cover to COJA Dato Swearing in.jpg

The COJA members are always California’s Chief Justice, Attorney General and the Senior Presiding Appellate Justice of the District.

Chief Justice Tani Cantil-Sakayue, Attorney General Xavior Becerra and Justice Manual Ramirez were provided the direct evidence of Dato’s crime before they unanimously voted for him to be the newest appellate justice in the 4th/1st. I submitted the documents on February 2, 2017.

At the hearing Tani publicly stated that she read the “35 pages” — which included the direct evidence of the crime. But did she read it? The faxed complaint was only ten pages.  The rest of the pages were two enclosures and eight exhibits; and there were 45 faxed pages.

In a room packed with happy joking judges and justices I was the only one there to object to Judge Dato’s appointment.

The other speakers were permitted to speak without time limitation. This is what I was able to say before Tani shut me down for going over two minutes:

Good morning.

Sharon Kramer, Escondido

I object to  Judge Dato’s appointment to the 4th/1st because of Honest Services Fraud with Judge Pressman, and Justices McConnell, Benke, Huffman, Irion and Aaron – and several San Diego judges and clerks.

I submitted documents. See exhibit 5 for Judge Pressman’s misuse of a void judgment.

I have a degree in marketing. I’m a medical journal published author regarding scientific misconduct when setting policies over disabilities caused by water damaged buildings, aka Toxic Mold.

I worked very hard to help cause the CJP audit because of court-crimes going unpunished.

The crime of which Judge Dato is involved, is this:

There is a scientifically void risk model, the Veritox Theory. It was penned by toxicologists at Veritox, Inc. It falsely claims to prove that Toxic Mold can never reach a level to disable or kill.

In 2005, I published a writing. It exposed how the Veritox Theory was marketed into policies by the US Chamber, a think tank, a US Congressman, a medical association, and the owners of Veritox, Inc – who are toxic tort expert defense witnesses for the USDOJ, other gov’t agencies and insurers.

Veritox relies on the fraud remaining in policies to lend undue credibility to their bogus expert testimonies when cheating the Toxic Mold Disabled and dying.

In 2005, Veritox and their president, Bruce Kelman, sued me for libel for the words “altered his under oath statements” in my writing.

With all due respect, your honor, your courts have spent 12 years harassing me and framing for libel for those words by creation and continued usage of void judgments, fraudulent liens and fraud-concealing remittiturs.

On April 3, 2009, in violation of CCP 664.5(b), GC 6200, and Penal Code 134, Judge Dato left the void judgment in effect which falsely did not state that I prevailed over Veritox in a 2008 trial and was awarded costs.”

(she gave me 30 more seconds to speak)

I was able to ask AG Becerra if he would investigate the crimes in the courts that are going unpunished by the CJP.

I was also able to state that Justice Judith McConnell is obstructing the vacating of the void judgment (that Dato helped to create).

When AG Becerra spoke, he said I could send him documents and he would investigate.  I doubt it.  He’d have to prosecute over half of the 4th/1st appellate justices to stop this fraud  — including the one he just appointed.

This is what I did not get to say:

In September of 2010, Justices Benke, Huffman and Irrion rendered an appellate opinion that failed to state that the judgment Dato had left undisturbed made it falsely appear that a jury found I was guilty of libeling Veritox – also making it falsely appear that I was lying about their Veritox Theory being a mass-marketed science fraud.

Today because of falsified court documents going unvacated, Veritox owners have fraudulent liens on my property that states a date of entry of judgment and cost award not possible to have occurred. See exhibits 1-4. 

[EXH 1 VOID JUDGMENT shows cost award 12/18/08  http://freepdfhosting.com/786b95b2bf.pdf

EXH 2 FRAUDULENT LIEN shows cost award 9/24/08  http://freepdfhosting.com/dede578445.pdf

EXH 3 Electronic case record shows nothing occurred on 12/18/08 http://freepdfhosting.com/215e4f3381.pdf

EXH 4 SCHEUER’s 10/14/08 Submission of KELMAN’s costs proving the dates on the interest accruing lien are fraudulent. http://freepdfhosting.com/9697c43c6c.pdf   ]

The 4th/1st will not recall their remittiturs so void judgments may be vacated and fraudulent liens court-order removed.  

They can’t, without spotlighting they’ve been framing a whistleblower of science fraud for libel with fake court documents, while abetting the fraud to continue in cases all over the US.

In 2012, I was jailed by Judge Nugent’s use of the void judgment. He was trying to coerce and scare me into signing a false confession of being guilty of libel. My signature would have absolved everyone’s crimes.

So, I know it would not be in the public’s best interest to have Judge Dato join the other case-fixers in the 4th/1st.

Chief Justice, please do not appoint him to be a justice. That would be rewarding and fueling the exact type of problems that many of us know you’re working hard to stop. [I gagged a little bit when writing this sentence]

Justice Ramiraz, I’d like your court to hear a motion to recall a remittitur so Veritox’s fraudulent liens may be removed from my property.  

But Justice McConnell refuses to be disqualified while blocking any other court from hearing the motion.

Attorney General Becerra, basically this is a massive insurer fraud scam. Will you investigate the CJP-unpunished judicial crimes, including Judge Dato’s, purposed to keep the scam going?  

It was not fun being there to oppose Judge Dato’s appointment. Even I, who knows what a deadly scam this is, did not want speak out among his peers and family when they were all so happy for him. I can understand why it’s hard for judges to tattle on their peers’ crimes.

I was the first one there in the morning.  I arrived a little after 9. Judge Dato arrived with his wholesome looking older children and his wife.

I expected that Mrs. Dato would look like so many women who’ve had too many botox injections and too much plastic surgery. But she did not appear to be a glam-queen who enjoys the fruits of a husband’s unethically earned income.  She was a kind faced woman, a little on the heavy side, dressed in slightly frumpy garb –  and she was on crutches.

Ugh! This made me feel like I was there to snatch Christmas dinner from Tiny Tim’s family.

I had to take a deep breath when I saw his family and steady myself.  I wasn’t there to hurt anyone.  I was there to speak against the rewarding of court crime which is causing devastating harm to thousands of disabled families and workers.

Before the proceeding began I was able to reintroduce myself to Judge Dato. I had not seen him since 2009 when he left the void judgment undisturbed which falsely made it appear that I was found guilty by a jury of libeling Veritox, Inc.

He had also received the same “35 pages” which the COJA members had.  I had spoken to his clerk, Lynn San Nichols, about two weeks prior before I even wrote them.

I asked that she and Judge Dato do something about the fraudulent court documents b/c I didn’t want to have to publicly speak against his appointment. She said there was nothing they could do. (Since when can’t court employees correct the damages from fraudulent court documents they have created?)

Judge Dato was gracious with his acknowledgement that I was there to speak against his appointment to the 4th/1st.  But he quickly moved on to greet other guests.

So we all went inside.  People were let through the detector carrying their bags with no scanning.  I got up to the front. They made me put my items on the scanner belt. They seemed to check it carefully. I don’t know if anyone else’s items were scanned. I only saw mine and not others around me.

It was very uncomfortable. But okay, whatever. I was there in hopes of taking a bite out of court crime and to save lives with my words.

People settled in and all rose when Tani entered the room.  I noticed that all who were scheduled to give testimony were sitting upfront — except me.  Tani described who would be testifying. She didn’t mention me. What gives? Did I not check in properly?

So I politely waited for the first presenter’s glowing testimony of Judge Dato to end.  Then I walked up the side of the room to make sure they knew I was there to testify.

As I was walking up Tani said, “Ms, Kramer, we know that you and your little dog Todo are here to testify” (or something to that effect)  “Now go back to your seat and your name will be called.”  So I thanked her for the acknowledgement, went back to my seat and waited to be called.

The three presenters before me were Leonard B. Simon of Robbins Geller Rudman & Dowd LLP; Judge Joel Pressman of the San Diego Superior Court, and Retired Justice of the 4th/1st Howard Wiener.

17.02.09 Invite scheduled speakers Dato.jpg

They all gave testimony of what a fine man and knowledgeable judge that Dato is. They spoke of his extensive knowledge of appellate courts.  I thought this was odd.  In 2009, when Judge Dato’s court had jurisdiction over my case — so did the 4th/1st at the same time.  I now know that that’s a no no.

When Judge Joel Pressman was testifying, many of his words told a back story of which I was not aware. But his words added a new piece to the puzzle.  He spoke of what great friends he and Dato are. Told of how Dato knows a great place to get gourmet tacos near the Vista courthouse and described the closeness of the two men whose courtrooms were next to each other.

Then he ended his presentation like this:  “I only have two words to say to Judge Dato, ‘harmless error”. 

The courtroom full of judges and justices thought this was an extremely hysterical statement. It drew the biggest laughs of the day.

But I did not find it the least bit funny. Judge Pressman knows that Judge Dato CYA’d for his “harmless error” of using a void judgment with a false date written on to deny my motion for reconsideration in 2009. This funny error by the good friends forced me to have to file an appeal in the 4t/1st — where the void judgment remains obstructed from being vacated to this very day.

Chuckle, chuckle, gafaw, gafaw. People are still dying from their unrepentant and unpunished fraud upon the court via collusive concealment of fraudulent court documents in fixed-SLAPP to frame me for libel for exposing a massive fraud. Ha, ha. Very funny.  My husband and I still have fraudulent and backdated liens on our property that are rapidly approaching $40,000.00.   Yuck, yuck.  I was jailed by use of the “harmless error” void judgment for refusing to sign a false confession — and while I was in there I got sick from the dirty environment.

After the COJA members voted to confirm the nomination, people were milling about. I went up to Justice McConnell and asked her if there was anyway she would consider recalling the remittur that is concealing the void judgment that Dato helped to create.

OMG!  The woman theatrically over-reacted like she had rehearsed her dramatic response a thousand times in a mirror. She turned away, put her arm out toward me in a defensive pose and  loudly stated “Get away from me.  I don’t want to talk to you.

My shocked response was an inarticulate: “What? Whoa.”

I turned around to walk away. Two deputy sheriffs were no more than two feet from me.  They were large men, standing side by side with scowls on their faces and arms folded.

I went to move away from them to talk to others as I waited to hear Dato’s swearing-in.  They blocked me from moving in the direction that I wanted. One said verbatim, “You’re finished here, Ma’am

Was I going to be arrested if I spoke to anyone else? Who authorized them to tell me that I was finished there?

Since I had already been jailed once in 2012 and caused bodily harm for my refusal to sign a false confession of being guilty of libel;  I decided that it was probably in the best interest of my dear husband’s emotional well-being if I just left.  (The man has stood by me thru thick and thin for twelve years while fighting this massive crime). So I left.

It’s amazing what odd-logic races through one’s mind when in stressful situations. I also left because I thought about the high heels that I was wearing being uncomfortable and I did not want to spend hours in them while being booked into jail!

Plus, I never want to be subjected to a strip-search again or held in a dirty jail cell that would make me sick.  I felt intimidated that I should leave and I’m sure they were all glad that I did.

As I was leaving, a couple was in the elevator with me.  They smiled at me.  I said “That wasn’t fun“.  They said “You did a good job.  The Attorney General said he would investigate.”  I said, “I doubt it. Harris never would.”

So even though Dato was appointed to the 4th/1st by the CA Chief Justice and Attorney General ignoring the direct evidence of his crime harming thousands, and I was made to feel like a criminal for reporting the massive crime in a way that might make them listen; the couple in the elevator raised my spirits.

If they heard me as I was describing a massive crime in a room full of jurists; so did others.  As a friend of mine wrote to me just the other day:

“Good luck, Sharon. I trust and believe they won’t try to hurt you. I think they’ll just ignore you. But I also think that some of what you say will penetrate their brains.

Hopefully my words did make a difference yesterday to help stop court crime and help save lives of those being disabled by Toxic Mold.

I am not shutting up and I am not going away until those court documents with fake dates written on them are vacated and Veritox, Inc.’s fraudulent liens are court-order removed from our property and public records.

I can’t.  Too many lives remain at stake. The void legal documents being acknowledged as frauds is the key to exposing the massive, collusive crime in the California courts which continues to harm thousands from coast to coast. Exposing them as fraud is what will make the harm stop.

So…back to the Attorney General’s office.  Maybe the new AG Becerra really will listen.

Sharon Kramer

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