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
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:
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.
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.
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.
“On Thursday, February 9, 2017, beginning at 10:00 a.m, three 45-minute public hearings have been scheduled for the Commission on Judicial Appointments to consider recent appointments by Governor Edmund G. Brown, Jr. A link to the live webcast will appear on this page approximately 30-minutes before the hearing.”
I am speaking against the confirmation of Judge Dato’s nomination on the grounds of unrepentant and unpunished Honest Services Fraud by him and five current justices of the 4th/1st — Presiding Justice Judith McConnell along with Justices Patricia Berke, Richard Huffman, Joanne Irion, and Cynthia Aaron (and others in the California courts).
The gist of what I am intending to say is:
I blew a whistle on how a bogus risk assessment model (the Veritox Theory) was created by toxicologists with PhDs; and how it was mass marketed by toxic tort expert defense witnesses and others to cause discrimination of those disabled by Toxic Mold.
Multiple officers of the California courts have spent 12 years framing me for libel with toxic tort expert defense witnesses (Veritox, Inc) and burying the evidence of fraudulent court documents to aid the discriminatory fraud to continue. Judge Dato and the 4th/1st Fraudsters are key players in the ongoing deadly scam. (Of course, I will say it more politely!)
Corroborated by direct evidence, their collusive Honest Services Fraud is causing the continued mass-discrimination of those who are disabled by biocontaminants found in water damaged buildings (aka Toxic Mold).
Their fraud upon the court is enabling the continued usage of a bogus “Veritox Theory” in US physician educational materials, insurer claims handling practices, and toxic torts all across the United States — and they know it.
TWELVE YEARS OF CASE-FIXING STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION (SLAPP) TO DEFRAUD THE UNITED STATES PUBLIC WITH SCIENTIFIC FRAUD
1. I have a degree in marketing. On March 9, 2005 I published a WRITING on the Internet. It exposed how the Veritox Theory (referred to as the “GlobalTox paper” in the writing) was being mass-marketed. The writing exposed that scientifically void risk-model became current accepted science by joined-unclean-hands of a U.S. Congressman from California, a nonprofit medical association which writes governmental policies, a think-tank, the U.S. Chamber of Commerce and the owners of Veritox, Inc. — who are toxic tort expert defense witnesses for the federal government and many private-sector insurers.
2. In May of 2005 the owners of Veritox, Inc. sued me for libel my accurate use of the words “altered his under oath statements” in the writing. They needed me to appear to be a liar in order to keep the scam going.
3. For twelve years, judges in the San Diego Superior Court and justices in the 4th/1st have been aiding Veritox owners to frame me for libel for those words; and have been trying to harass me into silence. By burying the direct evidence of perjury, suborning of perjury, and fraudulent court documents to make me falsely appear to be a liar; they are enabling the Veritox Theory to continue to be used to cheat those disabled by Toxic Mold.
4. On April 3, 2009, Judge Dato and his clerk Lynn San Nichols, left a twice-backdated, void judgment in effect. The void judgment failed to state that a jury found I was not guilty of libeling Veritox. This act of concealing a void judgment is a violation of Code of Civil Procedure 664.5, Government Code 6200, and Penal Code 134.
5. In a September 2010 wordsmithed appellate opinion by Justices Benke, Huffman and Irion; they suppressed the evidence that the judgment on record falsely did not state that I prevailed over Veritox in the trial and was awarded costs (by Dato’s April 3, 2009 ruling only — not by recorded judgment). From the word-smithed 4th/1st appellate opinion leaving the void judgment in effect.
“The trial court, with a different trial judge presiding, [DATO] heard Kramer’s cost motion on April 3, 2009, and awarded her a total of $2,545.28….On this record we cannot disturb the trial court’s award of costs to Kelman….Judgment affirmed. Respondents to recover their costs of appeal.”
6. Shortly after the pernicious appellate opinion issued; on November 4, 2010 the president of Veritox (Bruce Kelman) and his attorney Keith Scheuer submitted the unvacated void judgment to begin a second lawsuit against me in the San Diego courts. They wanted me to be permanently enjoined from writing of the fraud upon the court in the first SLAPP suit that enables the Veritox Theory to continue to harm thousands.
7. In June of 2012, Judge Thomas Nugent (retired) obliged them to permanently enjoin me. I ignore his void order not to write of the case-fixing because it is a coram non judice, fraud upon the court to defraud the public with Veritox, Inc. No one says a word when I continue to republish the words “altered his under oath statements” while describing the twelve years of unrepentant California judicial case-fixing over those words — on behalf of toxic tort expert defense witnesses of the federal government, Veritox, Inc. No one ever provides (the impossible) refuting evidence of the fraud.
8. As it stands today, the 4th/1st justices will not lawfully recall and rescind their fraud concealing remittiturs so the void judgments may be lawfully vacated in lower courts. They can’t recall their remittiturs without spotlighting that they have been abusing their court to harass a whistleblower of scientific fraud (moi) with falsified court documents.
9. As such, the retaliation by falsified court documents is ongoing and ever-mounting by increasing interest of a fraudulent lien. In 2009, Veritox owners and their attorney, Scheuer, recorded a fraudulent abstract of judgment and fraudulent, interest-accruing lien on my property by use of the unvacated void judgment.
10. Veritox owners currently have a lien on my property which states a false date of entry of judgment and interest accruing cost award of September 24, 2008.
11. It is not possible that anyone involved in this fiasco believes costs were awarded on September 24, 2008 — because Scheuer did not even submit his clients’ alleged costs until October 14, 2008.
12. It is not possible that anyone involved in this fiasco believes judgment was entered on September 24, 2008 — because post trial oral arguments took place more than sixty days later on December 12, 2008. If the fake lien was a legitimate legal document it would have been a violation of CCP 663(b) for post trial oral arguments to be heard on 12/12/08.
13. Regardless of the mountain of direct evidence of fraudulent court documents, no less than ten times since September of 2010 the 4th/1st justices have obstructed the vacating of the void judgment and the removal of Veritox’s fraudulent, backdated lien from my property. The latest date of their refusal to recall their fraud-concealing remittitur in writing came on November 10, 2015. To quote:
“Unfiled” and “THE COURT PREVIOUSLY DENIED A MOTION TO RECALL AND RESCIND REMITITTUR ON 1/25/2013”
14. As a result of the collusive unrepentant and unpunished Honest Services Fraud (to falsely make me appear to have been found a liar by use of unvacated fraudulent court documents) the owners of Veritox, Inc. are still serving as toxic tort expert defense witnesses for the federal government.
15. The Veritox Theory is still being used by toxic tort defense attorneys and marketed by federally funded “nonprofit” medical associations such as the American College of Medical Toxicology (ACMT) to cheat the Toxic Mold Disabled from coast to coast.
(To the credit of the American College of Occupational and Environmental Medicine (ACOEM) who were exposed in my 2005 writing for marketing the bogus Veritox Theory as legitimate science; they are no longer marketing it as the scientific understanding of their 7000 occupational physician members. See March 9, 2015 WorkCompCentral article) To quote:
“She [Kramer] said it was a litigation defense argument right from the get go.”
16. On February 2, 2017, the Chief Justice, Attorney General, Governor Brown, Justice Ramirez and Judge Dato were provided with the the direct evidence which corroborates the above statements of unrepentant and unpunished concealment of fraudulent court documents while case-fixing SLAPP over a matter impacting public health (by Judge Dato and the 4th/1st justices, et.al.)
17. They all know that all it would take to shut down the Veritox’s science fraud and stop the criminal harassment of me, would be for Justice McConnell and Justice Benke to lawfully recall their remittiturs and direct the lower courts to vacate the void judgments. This could be done at any time and even upon the 4th/1st’s own motion:
“a remittitur may be recalled on the reviewing court’s own motion, on motion or petition after notice supported by affidavits, or on stipulation setting forth the facts which will justify the granting of the order is now determined by rule. (Rule 25(d), Rules on Appeal; 36 Cal.2d at p. 22.)… Other than for the correction of clerical errors, the recall may be ordered on the ground of fraud, mistake or inadvertence.”
18. They won’t recall it. As such and needless to say, it would not be in the public’s best interest to have Judge Dato rewarded for Honest Services Fraud by an appointment to the appellate court where his fellow justices are continuing to obstruct the vacating of a void judgment that he was instrumental in creating — to defraud the public with scientific fraud.
19. Yet, even with the undeniable evidence of collusive wrong-doing, I am highly anticipating that the Chief Justice of California, the California Attorney General, and Justice Ramirez will, at best, thank me for sharing — and then continue on with the appointment of Judge Dato to the 4th/1st like emperors with new robes.
I have already been jailed once (2012 by Judge Thomas Nugent) and caused bodily harm for my refusal of silence of the unrepentant case-fixing to defraud the public with the scientifically void Veritox Theory; and for my refusal to sign a false confession of being guilty of libeling Veritox, Inc. owners.
To quote from the court transcript of March 14, 2012 when Judge Nugent had me brought before him in shackles and prison garb; and tried to coerce/scare me again into signing the false confession:
MS. KRAMER: NO. WHAT YOU’RE ASKING ME TO DO IS COLLUDE WITH THE FRAUD — WITH THE COURT TO DEFRAUD THE PUBLIC AFTER SEVEN YEARS.
THE COURT: RIGHT. BUT I’M NOT CONDITIONING MY DECISION THIS MORNING ON THAT. THAT’S NOT A CONDITION. IT WAS MERELY A WISH.
MS. KRAMER: THIS IS A CRIME. YOU SHOULD BE ASHAMED OF YOURSELF THAT I’M SITTING HERE LIKE THIS THIS MORNING.
People who have been injured by Toxic Mold are still being so horribly discriminated against that some commit suicide. This is directly because of the unrepentant and unpunished SLAPP fixing in the San Diego courts to cause the mass discrimination — including by the joined unclean hands of Governor Brown’s nomination to the 4th/1st, Judge William S. Dato, and five justices who are already in the 4th/1st.
The more eyes watching tomorrow, the safer I will feel!
Sharon Noonan Kramer
P.S. If you are in the Sacramento area tomorrow, please turn out at 9am to support our friends at the Center for Judicial Excellence. They are speaking before the CA Board of Psychology on the subject of how bogus expert opinions by those with PhDs are used to harm many families in California’s family courts. See directions in THIS LINK.
Governor Jerry Brown has nominated Judge William S. Dato to serve as a justice in the California Fourth District Court of Appeal (4th/1st). I happen to know that this appointment would not promote autonomy and integrity in the California courts.
Judge Dato played a key role in the creation of the void judgment and fraudulent lien that is on my property — for my daring to expose how the United States government, state governments and NGO partners market naysaying science fraud to discriminate against the Toxic Mold Disabled.
4th/1st Presiding Justice Judith McConnell and Justice Patricia Benke are obstructing the vacating of the void judgment and the removal of the fraudulent lien that Dato helped to create.
They can’t allow the fraudulent legal documents to be vacated/removed without spotlighting that multiple San Diego jurists have been harassing me for years with falsified court documents on behalf of plaintiffs to fixed Strategic Litigation Against Public Participation (SLAPP).
The plaintiffs, who are the beneficiaries and participants in the now twelve years of fixed-SLAPP, are Bruce Kelman and Veritox, Inc. They are also Toxic Mold expert defense witnesses for the United States government. They are hired by toxic tort defense attorneys of the US Dept of Justice. They also serve as experts for states, counties, and cities sued for causing environmental disabilities and deaths.
The fixed-SLAPP is over my 2005 writing exposing that Veritox’s expert testimonies are based on widely marketed garbage science — a bogus risk model, the Veritox Theory. It’s nothing but a tool to cheat people who are disabled from Toxic Mold.
The 4th/1st justices’ obstruction of the vacating of falsified court documents in fixed-SLAPP, is the lynch-pin to the entire scam. The acts of refusal to lawfully correct court records in SLAPP conceals that criminal means have been used by DOJ’s Toxic Mold expert witnesses to conceal that their testimonies are based on science fraud.
The 4th/1st justices’ refusals-to-act to correct the SLAPP records are also the lynch-pin-acts which conceal that crimes have been committed by California judiciary to aid the science fraud of Veritox to continue in mold litigations from coast to coast.
So today, I filed a request to Governor Brown to withdraw his nomination of Judge Dato to serve as justice in the 4th/1st Court of Appeal.
I also filed an extensive objection with the Commission on Judicial Appointment giving reason why they should not appoint Judge Dato to the 4th/1st.
And I filed a request to speak against the appoint of Judge Dato at the Commission hearing which takes place in the 4th/1st Appellate Court in San Diego on February 9th.
“In 2011, you assumed the offices of California Governor and President of the University of California (UC) Regents. Since that time I have been providing your offices with evidence of the relentless case-fixing of a Strategic Litigation Against Public Participation (SLAPP) in your courts. The unrepentant SLAPP fixing is causing heinous discrimination and sometimes deaths of the Toxic Mold Disabled (TMD) by enabling institutionalized, discriminatory, scientific fraud.
I have been seeking your help to stop the unrepentant-SLAPP-fixing’s enabling of the continued-marketing-and-usages of a deadly bogus risk assessment model (the Veritox Theory4) in policies, courts, claims handling practices, and physician educational materials (including at the UC, the California Department of Health, and the California Industrial Relations Board).
I have been seeking your help to stop the relentless and criminal retaliation of me under the color of law in your courts, for my daring to expose that the Veritox Theory is nothing more than a paid-for-hire mass-marketed scientific-fraud being promoted as legitimate science. (See extensive files in the Governor’s office and UC Regents’ office.)…..
Additionally, your newest appointee to the San Diego Superior Court, Judge Laura Duffy, refused on multiple occasions to prosecute the SLAPP-fixing jurists, the DOJ’s hired guns at VERITOX, and their attorney SCHEUER when she was serving as the DOJ Federal Attorney in the Southern District of California.
This means there are CA appellate justices who will be reviewing decisions of a CA judge who knows of the justices and her new-judicial-peers collusively committing unpunished criminal acts, which the new judge enabled to continue. The case-fixing jurists in turn know that they have reason to be beholden to the newest judge for not jailing them for a massive collusive crime to defraud the public. The potential for collusive case fixing, cronyism, or peer pressure to commit judicial misconduct in future San Diego County cases is glaringly obvious…
So for six years, Governor Brown, your office-staff have been telling me that you do not have the capability to thwart deadly cronyism in the California courts. But today, I know that is not the case.
Please act today on behalf of the health, safety, and welfare of the citizens and workers of California and the United States; and on behalf of assuring integrity and autonomy to our courts.
Please rescind your nomination of William S. DATO to serve as a justice in the 4th/1st with his equally compromised judicial peers of Justices Judith McConnell, Patricia Benke, Richard Huffman, Cynthia Aaron, and Joanne Irion.
Instead of placing your new Attorney General Xavior Becerra in a compromised position by asking him to appoint Judge DATO to the 4th/1st in the interest of justice; could you please instead in the interest of justice, ask AG Becerra to prosecute Judge DATO and over half of the justices of the 4th/1st?
The direct evidence is undeniable. They are criminally involved in twelve years of unrepentant SLAPP-fixing to defraud the citizens of California and the United States. To date, no one will punish them.”
To the Commission on Judicial Appointment:
“There are a severe ethics problem in the California courts which caused the need for the audit of the Judicial Council, the audit of the State Bar, and the upcoming-audit of the Commission on Judicial Performance.
For good cause as shown above, I believe that Judge Dato may have fallen prey to the erred mindset that, above all else, he is to protect his fellow jurists instead of protecting the Constitutional rights of litigants in California’s courts. The erred Speak With One Voice mindset among California jurists and favored attorneys is literally killing people as this matter proves.
All it would take to save thousands of lives from the continued usage of the bogus Veritox Theory, is for 4th/1st Justices McConnell and Benke to recall their fraud-concealing remittiturs and direct lower courts to order the removal of fraudulent liens based on void judgments that Judge Dato helped to create.
The fact that they will not lawfully cause the vacating of void SLAPP-documents & the removal of fraudulent liens from property; and find it appropriate that Judge Dato should join them in the 4th/1st by nomination of the Governor and appointment by the Attorney General & Chief Justice; is a testament to how compromised California’s courts have been allowed to become with little to no oversight.
Joseph Sweeney is a diligent court reformer who is seeking appointment to the California Commission on Judicial Performance. (Joe for CJP) CJP is the state agency which is to oversee ethics in the California courts. For good cause, they are currently being audited by the state auditor.
“Tremendous cover article by Alastair Bland in Sacramento News & Review. Quoted are a defecting former San Diego County family judge, very prominent attorneys, Berkeley and Cal State professors, and leaders of activist organizations, including myself. Stories of mothers and a father trying to get their kids back. Study showed that in 98% of the cases in which children were taken from the mother, the father had an attorney and the mother did not. If a study were done of the reverse situation, I have little doubt the result would have been reversed, too. This is not a men v. women issue, it’s a justice issue. Great work to all my colleagues in the article.”
Mr. Sweeney is right. This is the most well written and comprehensive article that I have seen to date regarding the cesspool of cronyism, bias and conflicts of interest that the California judicial branch has become from lack of effective oversight. To quote some highlights from Mr. Bland’s article:
“But Judge Peter McBrien—still with the court today—was convinced the boy had been coached by his mother to concoct the allegations and handed him over to his father for primary custody. The reports of abuse continued. In July 1995, the child called the police himself, asking for protection from his dad.
According to a report by the responding police officer, obtained by SN&R, the boy graphically described being sodomized. The 5-year-old told the same story to a CPS social worker and even drew an image of his father raping him before a camera on a tripod. In the crude drawing, the dad’s face is smiling while the child cries.
The boy spent some time in foster care but was eventually court-ordered back to his dad. His mother died of cancer in 1998, and his story was orphaned to obscurity.
Connie Valentine founded the California Protective Parents Association in Sacramento in 1999 in direct response to the case. Almost 20 years later, she’s still trying to reform what she says is a corrupt branch of the court system that destroys lives…”
“An East Bay group called Court Reform LLC is lobbying for several procedural changes that could benefit family court litigants unable to afford attorneys. And the Socioeconomic Justice Institute, a newly founded organization based in the Silicon Valley, is preparing to launch a class-action lawsuit against California court administrators and several judges, including Mize and McBrien.
‘An entire branch of government is operating in the dark, like the Catholic Church,’ said Kathleen Russell, executive director of the Center for Judicial Excellence, a Marin County organization that aims to protect litigants’ basic courtroom rights. ‘This has become an unregulated cottage industry that is completely unaccountable to anyone.”
“The court system is systematically trafficking children who are abused by a parent away from their safe parent who is trying to protect them and into contact with the parent they say is harming them,’ Russell said. ‘It happens almost every time like clockwork. If you raise an allegation of abuse, the system starts turning against you, even if you have legitimate medical evidence that the kid has been raped or beaten, or there is testimony from the emergency room doctors saying they see evidence of abuse.’
Linda Barnard, a licensed marriage therapist in Sacramento who regularly testifies in court as a domestic violence expert witness, describes the same recurring outcomes in cases where a woman reports abuse.
‘The more frantic the mother becomes, the more they think she’s crazy, and pretty soon the abusive parent ends up with the kid,” she said. “Many times people are actually afraid now to disclose abuse because they’re afraid they’ll lose their kids.”
“In theory, judges would stamp out systemic corruption that turned family court squabbles into money-making schemes—but they don’t, at least not always, according to DeAnn Salcido, a former family court judge in San Diego County.
In fact, Salcido says judges may actually cash in on the system by becoming private custody mediators after they retire, a service for which they can pocket $500 an hour. Since lawyers are the ones who recommend these mediators, it behooves a judge to curry favor with established family law attorneys during their time on the bench, Salcido explains.
On the other hand, ‘judges who piss attorneys off won’t be recommended,’ explained Salcido, now a family law attorney herself. This system, she says, fosters cronyism between judges and attorneys and leads to biased rulings in the family courts.
Moreover, Salcido says, the mediation service itself is a scam. She says mediators often fail to fact-check what one parent tells them, leading to badly flawed custody recommendations—which, she notes, judges follow most of the time. ‘They’re basically delegating their decision-making to the mediator’, she said
‘It’s dumbfounding,’ Salcido said. ‘Only in family court can a child who has claimed to be abused by a person be then forced to be in that person’s company.”
“Judges don’t follow the laws, but then the CJP doesn’t do anything about it,’ said Stephen James, the co-director of the Socioeconomic Justice Institute and an investigative reporter with years of experience studying California’s family courts.
Sweeney, at Court Reform LLC, was keen on learning more about the complaints—who filed them and why. He submitted a public records request with the commission last February to access this information, and the agency promptly refused to hand it over.
Shortly thereafter, the state auditor, answering to public outcry, similarly demanded access to the CJP’s records. In its 56-year history, the commission has never been audited—and the secretive 11-member unit, which filed a lawsuit on October 20, 2015, to block the audit, is trying to keep it that way.
The CJP’s director did not return multiple calls from SN&R seeking comment….”
“The tide may be turning slowly in favor of families, parents and children. The state auditor has the Commission on Judicial Performance in the hot seat. Court Reform LLC’s Sweeney is even applying to serve as one of the CJP’s six public members.
James, at the Socioeconomic Justice Institute, is working closely with Carlsson and Susan Ferris—who went four years without seeing her daughter due to a series of Sacramento court actions that James insists were illegal—on the class action lawsuit against the state, which he expects to have filed within six months.
On January 3, the Ninth Circuit of the U.S. Court of Appeals ruled that CPS [Child Protective Services] workers who place a child in an abusive home can be held accountable, whereas previously they have been protected by immunity.
James, a former SN&R contributor, says the decision, made in Pasadena, sets a groundbreaking precedent that could start the unraveling of immunity protections for employees of the family courts, where judges and attorneys, without transcripts to track their behavior, rarely face legal consequences for their actions.”
‘The pressure is going to start coming from the top down to the county level,” James said. ‘The family courts are going to start getting the message that they need to follow the law, stop with the cronyism and giving favorable rulings to their favorite attorneys, and stop the bias against the people who can’t afford attorneys.”
The author of this blog, Sharon Noonan Kramer, has been working to get the United States Department of Justice (USDOJ) to prosecute for case-fixing Strategic Litigation Against Public Participation (SLAPP) in the San Diego Superior Court and Appellate Court. The case-fixing, including concealment of falsified court documents, has been occurring for now twelve years. The relentless and unpunished judicial and attorney misconduct has been on behalf of the SLAPP plaintiffs who are toxic tort expert defense witnesses, Veritox, Inc.
Veritox, Inc. is frequently hired by attorneys of the USDOJ, municipalities in California and in other states to serve as toxicologist expert defense witnesses in mold litigations. The purpose of their hirings and the purpose of the unpunished SLAPP fixing are to stave off government liability for disabilities caused by poorly maintained government buildings. As of December 2016, the USDOJ is still refusing to prosecute the “California Judiciary”.
If you would like to voice your support to Governor Jerry Brown and California legislators to appoint Mr. Sweeney as a citizen member of the state’s judicial oversight committee, please see the contact information to do so, at this link: JOE for CJP.
As of September 7-11, 2016 a Gallup Poll showed only 12% of those polled had a “great deal” of trust in the Judicial Branch, 37% had “none at all” or “not very much” and only 49% had a “fair amount.”
The Judicial Branch functions on the public’s perception of its integrity and freedom from corruption.
Lack of Integrity and Judicial Corruption manifest through bias, “bribery”, conflicts of interest, financial investments or transactions, undisclosed campaign contributions or loans to a judge’s judicial campaign by a party to the litigation, and other violations of law or Canons of Judicial Ethics.
The underlying issue of the 2016 election is lack of integrity, judicial corruption and its effect on each and every voter. Each party platform spoke of changing the criminal justice system, but neither attacked the cause for change, i.e. lack of judicial integrity and judicial corruption.
Sooner or later, almost all of the issues discussed in the 2016 election campaign will be before either the federal or a state Judicial Branch. Unless the Judicial Branch is perceived to possess integrity and be free of corruption, the issues and promises of the 2016 election will be meaningless.
Selecting Supreme Court nominees for political beliefs was discussed in the 2016 campaigns, but once selected, the Supreme Court justices continue to be able to avoid disqualifying themselves when a conflict of interest arises, neither the parties or the country will receive a fair hearing.
Political campaigns at the Presidential, Senate, House of Representatives, state and municipal levels ignored the underlying problem of lack of integrity and judicial corruption.
With a close election and candidates needing every vote, voters have the power to demand judicial integrity be restored and judicial corruption end.
Before November 8, 2016, voters demand by e-mail, letter, petition, telephone and at each candidate speech or gathering, each Presidential, Senate, House and state candidate pledge to introduce and support legislation to:
end judicial corruption;
restore judicial integrity by restricting absolute judicial immunity to be available only to the judge’s legal reasoning of the judge’s decision being appealed and removing all other functions or collateral circumstances such as malice or bias which contributed to such decision;
restore judicial integrity by ending quasi judicial immunity; and
restore judicial integrity by removing judges from deciding their own or other judges’ disqualification motions.
Together, voters will restore judicial integrity and end judicial corruption with the 2016 election.
Richard I. Fine, Ph.D.; Strategic Consultant and Mediator; Chmn., Campaign for Judicial Integrity; Co-Chmn., Judicial Reform Comm., DivorceCorp.”
Click HEREto add comment to the Daily Kos article.
For a greater understanding of what can happen to thousands of people’s lives when political prostitutes disguised as honorable California judges and justices are not held accountable for case-fixing on behalf of undesirable elements within the United States government, see my latest blog on Katy’s Exposure