SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO, NORTH DISTRICT
In the Matter of Bruce J. Kelman v. Sharon Kramer
The Honorable Thomas Nugent Presiding
Sentencing of Sharon Kramer for Civil Contempt of Court
February 10, 2012 1:30PM
KRAMER IS UNABLE TO COMPLY WITH UNLAWFUL COURT ORDER & JUDGMENT
1. Again, the ORDER states, “That the contemner is sentenced to spend a total of five days in the San Diego County jail pursuant to the C.C.P. section 1218(a), which shall be suspended upon the condition that, prior to February 6, 2012, contemner publish a retraction on the Katy’s Exposure website and on the Yahoo Group “Sickbuildings” chatroom of the defamatory statement set for in the preliminary injunction….”.
2. C.C.P 1209(b)states, “A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings”
3. Without being able to state there is anything untruthful or inaccurate in the posts, the three posts by KRAMER that the Court want removed from the Internet by Court order are titled:
“Is TheCaliforniaCourt Case Management System (CCMS) Being Misused For Politics In Policy & Litigation…..And The Fleecing Of TheCaliforniaTaxpayer Over The Mold Issue?”
“Texas judge abuses his child for Net usage. Cal Courts threaten Katy’s Bloggers with jail time for exposing by Net, many children abused by their actions” and
“Texas Judge Won’t Be Charged With “Beating Into Submission” To Stop Internet Use. WillCalifornia’s Leading Judiciaries Ever Be Charged For Collectively Trying To Do The Same To Whistle Blowing Bloggers?”
4. The fourth post the Court wants removed by court order was not made by KRAMER. It was made by Karen Dean and states states,
“repost and repost Lets post these words everywhere, on every facebook and blog site, over and over “In the matter of Kelman & GlobalTox v. Kramer, Bruce Kelman and GlobalTox, Inc., sued Sharon Kramer for the words, Dr. Kelman `altered his under oath statements on the witness stand”?
5. As proven by the Declarations of CARTENS, February 5, 2012 and STUCKEY, February 6, 2012, KRAMER does not have the ability to comply with the ORDER to avoid incarceration. C.C.P 1211.5. states, “At all stages of all proceedings, the affidavit or statement of facts, as the case may be, required by Section 1211 shall be construed, amended, and reviewed according to the followings rules: (b)…No order or judgment of conviction of contempt shall be set aside, nor new trial granted, for any error as to any matter of pleading in such affidavit or statement, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
6. Civil Contempt of Court is the charge. The purpose of indirect civil contempt is to coerce compliance with an order by imprisoning the contemner until performance of an act he or she has the power to perform. CCP §1219(a) states. “The ‘coercive’ imprisonment must end when the contemner no longer has the power to comply.” …..
DECLARATION OF SHARON KRAMER
Honorable Thomas Nugent, please stop abusing your position of authority as a Constitutional officer of the court. What you are doing is unlawful harassment, intimidation and threat to block my movement to conceal unlawful and criminal actions by leaders of the Judicial Branch of California.
You now have a pony in the race to see me incarcerated and silenced for exposing not only their actions, but your actions. For nearly one year, you have willfully gagged me from writing the exact words for which you case file provides the direct evidence you know the prior courts framed me for libel with actual malice while they falsified court documents and CCMS computer records.
You have suppressed this evidence in this case including the fact that you know the continued adverse impact on public health causing harm to thousands directly because of your current unlawful actions.
You must know by now I am not going to be silenced and neither are others whose numbers and understanding of this case for its impact on thousands, are growing by the day.
With the passage of AB1208 in the Assembly, you must know by now that Speak With One Voice is rapidly leaving theCaliforniajudicial system for the sake of the preservation of the Constitution you are here to protect and uphold.
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and executed by me this 10th day of February in Escondido, California.