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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89320
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I responded to your previous question on the Judge & DA.

Resolved Question:

I responded to your previous question on the Judge & DA....responded but didn't get your response.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.

You are correct that the appeal is grounds to stay execution until the appeal is decided. If they continue then you need to file a motion to stay execution in the appeals court since your appeal has been filed as you said above. The letter clearly states this and if they do not honor the letter then you file your motion for stay of execution of sentence.




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Customer: replied 1 year ago.

As I live in a small County (town)....bullying has become a way of intimidation here. They'll press this matter to force me to file "Stay Execution". Recently: I just discovered the Capt. of PA State Police instructed his Lieutenant to call me in his office as "Olive Branch (apology) Meeting" stating..."We got off on the wrong foot....you have the fire in your belly that I admire...I wish there were more Citizens like you." (really??? then why apologize to me now when PA State Police should've apologized a year ago before this mess happened???

I questioned them on a recent occurrence: (4) Teenage Boys were arrested and charged on reckless endangerment for pointing and using a paintball gun from a moving car. Yet, my neighbor's son was never investigated for brandishing a loaded gun "in the air" and the weapon wasn't verified....yet, I was charged with harassment because of obscene profane language in commission of life-death matter. PA State Police refused to give comment. The Capt. (Pa State Police) sent me an email advising me of my (5th) Amend. Rights on self-incrimination. I professionally responded: "You of all people (PA State Police) have no reason to give me legal advice when you violated my (1st) Amend., Civil & Constitutional Rights....and lastly....PA State Police (Capt. & LT.) forfeited your (5th) Amend. Rights when "you" arranged and called me in your office to apologize to me "offering the Olive Branch" to me. Why apologize "IF" you claim you did nothing wrong?" (No response).
However, I did forward a copy of that email to the DA and Probation Office. (No Response...ironic 'eh)?

Expert:  Law Educator, Esq. replied 1 year ago.
I do not know why they would call you in to apologize, that makes no sense unless they were trying to just putting on a show for you because of the allegations you raised in your appeal and letters. The only other reason to do something like this is to try to bait you into an argument with them.
Customer: replied 1 year ago.

The issues why they (1st) called me into the office (for the meeting) is some criminal matters happened w/ my daughter and State Police wanted to "earn my trust" as per the "Olive Branch" So, the Lieutenant said, "You've got the fire in your belly and passion to resolve a problem. That's good character and I wish many of our citizens had that". (Ok...so, does this mean he knows I'm not taking any garbage from anyone? The "fire in my belly" as apposed to "resolving matters" is an inherited and learned trait (and, my Military Police Training assisted me in my experiences also).

I don't think the apology "was for show"....I believe they thought it would "smooth things over" because they could (further) manipulate me (and the situation). It still doesn't make it better for what Police did...they compounded the problem by trying to make excuses. In my career & experiences...I've studied and experienced people's personality traits and body language and what people do speak louder than what they say.

The word "allegations" greatly disturbs me because....in my experience through my family experience (67) yrs. of military heritage I was taught, trained (and by Military Police)....document the events, document conversations (immediately when they happen) because they'll be used for reference later. I don't document anything that would even speculate an "allegation". This word identifies questions that things can be made up and in legal terms, things that are made up are perjury statements.
If anything...."allegations" have to be proven facts and knowing how I've been trained "there's more than (1) side on every coin" and (2) sides to every story. In my Real Estate Fraud Case regarding my wetlands non-disclosure case, I documented everything by notes, emails and when I interviewed parties I sent follow up emails (for record). When I hired my Real Estate Fraud Atty. (4) mo. later and I submitted all the legal documents to my Atty. after I conducted interviews and I obtained MLS Real Estate Documents (2oo3)....and did background investigation on where the $eller Agent past residences lived in, resided by and near wetland properties and was a neighbor to the fmr. homeowner where I purchased my house from. My Real Estate Atty. clearly stated to me, "If you lived closer here...I'd hire you as an Investigator...your documents are incredible." Given that fact re: my documents....I've always been told: "Documentation beats Conversation" and no conversation exists without "documentation".

My training and life experiences are far above the normal (small-county) mentality here. State Police didn't anticipate they'd encounter someone that was thoroughly trained (and well versed on policy, procedures and Civil Rights & Constitutional Law) .... why do you think the Asst. D.A. and Judge engaged in their personal slanderous attacks calling me "Legal Terrorist" and "must be suffering from psychological disorder" is intimidation (bully) tactics to belittle me so "they" feel better (and more secure) about themselves. Bully's do that because nobody will confront them (until now). It happens that I was the wrong person to engage in such unethical tactics and they harder they try to fight...the more they're causing themselves to be exposed to such horrific misconduct.

My (fmr.) Pub. Defender engaged in falsifying a court Petition for the Judge to sign ... I discovered that such tactics is perjury by a Pub. Defender and falsifying court records engaged in misrepresentation. Furthermore, he deliberately filed his Petition to Rescind Public Defender (without consulting me) in Aug. 2o12 by his "scheme" and when I contested it (and on Court Record) then...the Judge stated "You should've raised that issue then". The Judge was being defiant because I stated it was contested "and on court record" and he deliberately avoided my question. That said he knew about what he engaged in was also perjury. I reported the Judge for Judicial Misconduct for tampering with case file (under his own participating in the case) to cause perjury. My application for Pub. Defender was certified by the Court Clerk identifying all my financial history....when I showed the paper to the judge....he refused to make eye contact while he wrenched his hands together...shifting his head left to right and making eye contact "around the room" with no direct eye contact with me. (Body language spoke volumes). In my College (Criminal Justice Psych., & Sociology Courses) and Military Training ... when people don't tell the truth they fidget, refuse to make eye contact, engage in mumbling, talk in circles, don't address the matter at hand and at last resort (when cornered) will engage in ridicule or taunting to intimidate an individual to overpower them by intimidation tactics. All of these "traits" were identified and used in my case. The Judge (and D.A.) engaged in personal attacks because they couldn't (or refused to) reference applicable case law in my case.

In what you said....if the State Police would do something like this ("call me into their office") to try and bait me into an argument would be identified as unethical harassment and taunting and wasting tax dollars in non-investigative matters to unlawfully further harass a Citizen. This could also be identified. SO, the Police tactic to call me in for "an apology" is seen as their "attempts" to bait me...failed and "why would they engage in such conduct "IF" they didn't do (or "feel" they did) anything wrong? Their actions identified a severe problem within their own Dept. Why would the Captain (in Hdqtrs) arrange a meeting like this? Because they're worried about my "trust" issues with State Police? Then they should've taken my I.A. Complaints seriously to fix the problems (last year)....and now, what they did (and didn't do) is coming back to haunt them because they engaged in bully tactics...and I'm still here fighting the cause in peaceful and professional confrontations (which they didn't anticipate). The conflicting problems here is State Police said they are interested in protecting my daughter....well, how are they justified in doing so when I did the same thing (over the gun complaint I called on "to protect my daughter" and used heavy obscene language in life-death matters and I'm prosecuted and Guilty "for obscene language". Make sense? PA State Police is allowed to engage stating they're going to protect my daughter...when I (husband & father of (3) girls) "not allowed" to protect my family (using language) and I'm guilty of harassment???
***Recent news: (4) teenagers were arrested & charged for malicious endangerment because they used paintball gun from a vehicle...I called PA State Police because a loaded weapon was brandished in the air...they did nothing about the gun...but charged me with "obscene language, lewd/lascivious conduct with intent to harass". ??? The language was used under life-death threat to me (and my family)...so I'm charged for "language". PA State Police refused to comment on that. (interesting).

PA State Police are in a lose-lose situation. They engaged in covering up a problem thinking it would never resurface again...but Murphy's Law slapped them in the face and they tried to cover up matters that resurfaced again (by their own doing)...and...offer an apology for their misconduct and "what happened in the past" only got ~much~ worse (for them) and identified to DA's Office my (2) harassment cases should've never been prosecuted when I engaged in protecting my family from injustices that were intentionally railroaded in the court for their (personal) entertainment "to be right" because "the legal system is always right" (especially when Judge falsified legal documents to commit perjury in my case "to be right". Cheaters never win....winners ~never~ cheat. All I did was document everything...present Legal Case Law to circumstantial events and "presto"...this is what happens with corruption is (rightfully) exposed.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your lengthy response.

I do not really know what the PA State Police motives were, I was not there and can merely suppose based on my experiences and training, but for certain nobody knows their motives but them.

At this point, you need to just continue pursuing your claims and you may want to consider pursuing a complaint to the Superintendent of the State Police as well to try to bring light to the conduct of the troopers in his area.
Customer: replied 1 year ago.

PA State Police brag about they're a "para-military" organization. If that was the case...they'd have Marine Boot Camp Instructors giving them training...or, either of these PA State Police I've dealt with were young, inexperienced rookies trying to make a name for themselves (and in the wrong way).

My sole focus has been to document everything. They don't like what I've documented...but that's not my problem. If (1) citizen documents their occurrences...I've filed (2) (severe) I.A. Complaints (and I was mocked, ridiculed and laughed at). So, who's laughing now? My documents have proven sufficiently solid and when I haven't received straight answers but excuses and avoiding the problem....there's a problem (i.e., cover up).

Who is the Superintendent of State Police? I've already filed I.A. Complaints (which went nowhere..but covered up)....in my area...filing a complaint with this "Good Ole Boy" network has become a futile effort. Maybe my email (forwarded) to the Governor and States Atty's Office would get the message here.

I'm in the process of filing a Civil Suit against the Pub. Defender for malicious misrepresentation, perjury and intentional corruption to damage my case through participating in unethical conduct. Because the Chief Pub. Defender was involved...I'll file against him also. I've already assigned my documents to a Paralegal for thorough review and expect to file the Civil Charges before mid-June. (and definately away from my small county).

The PA State Police Motives focused on intimidation and bully tactics "to be right". A (smart) Citizen (and Navy Military Police Veteran) just pulled out the book and used it against their unethical tactics and misconduct....they don't like it, they're embarrassed...they caused the problem themselves (not me).

At this point, I feel it's warrantly justified notifying the Atty. Gen. Office for immediate investigation on these matters. I've already filed a complaint with the U.S.DoJ Civil Rights Div. and I'll keep documenting and reporting these (unresolved) problems exploiting the unlawful harassment and corruption in my (small) county. The problem here is: This problem will never go away until an Honorable Citizen exposes the corruption and puts an end to these shenanigans .... Citizens cannot live in fear and Citizens shall not face intimidation or bully tactics by Sr. Authority who abuse their Authority and powers.

A great quote (Spiderman Movie): "With Great Power, comes Great Responsibility". Very true...when someone abuses Great Power becomes Great irresponsibility and malicious attacks on innocent Citizens.

Expert:  Law Educator, Esq. replied 1 year ago.
Bill, thank you for your response, but I need to really clear up something with you here and I have no intention of offending you, so please do not take this wrong.

On this site, as in a law office, time is the only thing we have to make our money. The price of this question and the long rambling posts without direct questions take me much more time to read than the value of the question provides for. I am really not able to just keep reading your long dissertations without any real question or point other than you venting your position on me. I am not the one you need to convince of everything you keep saying above and for the price of the question this is now starting to cost me money having to spend 5 minutes to 10 minutes reading every one of your long posts and trying to figure out if there is a question in there or not.

Please do not be offended, I do not mind answering direct and pointed questions you may have, but we cannot go on like you have been above as it is just not what this service is about. Thank you for understanding that.
Customer: replied 1 year ago.

I completly understand (and agree) what you're saying:
My question is: Should I file a Civil Suit against the Chief Public Defender and the Public Defender for engaging in falsifying a Petition for Judges signature to commit perjury in my case which led to perjury and misrepresentation? I concluded severe misrepresentation was at hand...but does "misrepresentation" cover everything here?

What about the Asst. D.A. ? Should I file civil charges against him for slander and personal attacks (i.e., legal terrorist and suffering from personality disorder, etc.)? The purpose of the Court System is to prove facts and my case defined only "facts" were embarrassing to "their system". I thought "law and justice" were to be used to identify a "real crimes". My entire case identifies misconduct by the State Officials (all involved) and malicious prosecution tactics.

I know the Judge is "exempt" from being sued...but I was informed...the District Atty and Public Defenders in my case are liable for personal injury and slander and lible what they did in malicious misrepresentation (falsifying court record to sabotage representation) and malicious prosecution tactics engaged in slanderous and personal attacks not focusing on "law".

*** No, I'm not offended by your honest comments...I've lived this nightmare (too long)....please understand...I'm not trying to ramble but I type over (8o+) wpm. so my point of giving you the entire background avoids you asking me questions to make it easier on both of us. In any event....I'll stick to the point without the long versions and provide just the questions and small background here.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for understanding. I too type fast so I understand some of what is happening, but my time and the number of other customers waiting just precludes us from being able to keep reading the intensive background.

The prosecutor and the judge under PA law, would be statutorily immune from civil suit from the PROSECUTION of the case. However, the DA who has made these comments in the letter and outside of the prosecution of the case could be liable to you for slander upon you proving his comments were known to be false. He is going to still raise the statutory immunity defense and you are going to have to prove how his comments about you were outside the scope and duty of him prosecuting the case against you and thus make him liable.

You can also file a bar complaint against him for an ethics violation if you prove there was misrepresentation to the court, which is a violation of the rules of professional conduct in PA.

You can also file a suit for malpractice if you were represented by the public defender and they represented you in a negligent manner and below the reasonable standard of care and expertise that a lawyer with their training should have.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89320
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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