APD statement

First posted
Monday April 7, 2008 09:01
Updated
Tuesday November 9, 2010 06:25


Wednesday August 6, 2008 10:41

Coordinated efforts.

Payne spoke with lawyer Eliot Gould Tuesday evening August 6, 3008. Gould is trying to get back on the ballot in Santa Fe. Judge Martha Vazquez postponed a hearing on the matter until September.

Vazquez may be trying to delay until it is too late to reinstate Gould.

We discussed a subpoena for judge? M Christina Armijo.

Bob Carman suspects Armijo lack proper credentialals to be a federal judge.

Above and similar exhibits are seen at docket entry 24, A1 and A2, of MC 06-24 MCA, USA, et al v. Carman, suggests that judge Armijo does not have required credentials of
1 Senate Confirmation
2 Presidential Commission
3 Oath of Office
4 Appointment Affidavit



Pages 1-5 with links posted below.












Tuesday August 5, 2008 07:43

email and certified return receipt requested mail.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#shultz

Ray Shultz
Chief of Police
400 Roma NW
Albuquerque, NM 87102
rshultz@cabq.gov

Dear Mr Shultz:

William W. Deaton, Independent Review Officer, Department, Independent Review sent email
-----Original Message-----
From: Deaton, William W. [mailto:wdeaton@cabq.gov]
Sent: Thursday, July 31, 2008 2:41 PM
To: bpayne37@comcast.net
Subject: Citizen's Police Complaint CPC 136-08

in which he wrote wrote

Dear Mr. Payne:

We have received the proposed complaint you filed on July 31, 2008. You allege that an APD officer told you that APD has no jurisdiction over Federal matters and complaints, and that he suggested that you contact the U.S. Department of Justice.. It also appears that you were permitted to file your allegations with APD. Under the circumstances presented this is not a matter for this office or the Police Oversight Commission to consider. Accordingly, your complaint will be inactivated.

William W. Deaton
Independent Review Officer

Albuquerque Police Department Procedures state
Steps in Filing a Citizen Complaint

Citizens are encouraged to bring any question or concern about procedures to the attention of the Police Department, at any listed location. An attempt to formally address your concerns will be made by the employee’s supervisor. Complaints may be made informally through the employee’s chain of command or formally. The steps for filing a formal written complaint are as follows:

A citizen wishing to file a formal complaint should complete a written complaint form. These forms may be obtained at any substation or at the Internal Affairs Unit (400 Marquette NW, Old City Hall 1st floor). A Citizen Police Complaint (CPC) number will be assigned to each complaint. In most cases, a copy of the written complaint will be sent to the individual against whom the complaint was filed within seven working days.

If a complaint warrants further investigation, the Independent Review Officer will assign the case to the Internal Affairs Unit or to an outside investigator. Once the investigation is complete the Independent Review Officer, Chief of Police or his designate shall review all findings and determine the appropriate action to be taken. Most investigations and findings are completed within 60 days after the complaint has been filed. However, the Chief of Police may request a 30 extension from the Public Safety Director if the case requires additional attention.

Citizens filing complaints will receive a written notice of the disposition through certified mail. This notification will inform citizens of their right to appeal the decision to the Police Oversight Commission (POC).Any questions you have concerning the complaint process may be directed to the Internal Affairs Unit at 768-2880.

Citizens must be aware of the city ordinance which governs false reports and states that it is unlawful for any person to intentionally make or file with any law enforcement agency any false, misleading, or unfounded report or statement.




Sincerely


William Harris Payne
13015 Calle de Sandias NE
Albuquerque N.M. 87111
505-292-7037
bpayne37@comcast.net

distribution

mayor@cabq.gov
jhamman@cabq.gov
kmccabe@cabq.gov
mcastro@cabq.gov
mcallaway@cabq.gov
Dbowdtch@cabq.gov
bill.leonard@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov
jim.kovakas@usdoj.gov
tanya.kubinec@wpafb.af.mil
board_of_directors@slfcu.org



Tuesday August 5, 2008 05:47

Time to repond to Deaton's email ... and bring up libel, void fraudulently removed New Mexico state 12 person jury trial lawsuits to federal court.
You can see our receipts for 12 person jury trial lawsuits in Exhibit A, Exhibit C, Exhibit E, Exhibit G, Exhibit H, Exhibit K and Exhibit L all for prima facie cases which we paid more than $250 each.

Look at the receipts: three are for $297 and two are for $322 [against former judge W John Brennan].

These are, of course, void because of lack of subject matter jurisdiction.



William Deaton may have awesone powers.

Deaton may be exercising these powers with his below email?

-----Original Message-----
From: Deaton, William W. [mailto:wdeaton@cabq.gov]
Sent: Thursday, July 31, 2008 2:41 PM
To: bpayne37@comcast.net
Subject: Citizen's Police Complaint CPC 136-08
Dear Mr. Payne:

We have received the proposed complaint you filed on July 31, 2008. You allege that an APD officer told you that APD has no jurisdiction over Federal matters and complaints, and that he suggested that you contact the U.S. Department of Justice.. It also appears that you were permitted to file your allegations with APD. Under the circumstances presented this is not a matter for this office or the Police Oversight Commission to consider. Accordingly, your complaint will be inactivated.

William W. Deaton
Independent Review Officer

Let's see how he exercises them.

We no know.



Solar trough EETimes viz help.




Wednesday July 30, 2008 14:40

email and certified return receipt requested mail.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#deaton

William W. Deaton
Independent Review Officer
Department: Independent Review
(505) 924-3770
wdeaton@cabq.gov
600 2nd Street
NW Plaza del Sol Building
8th Floor
Room 813
Albuquerque NM 87102
P.O. Box 1293
Albuquerque NM 87103

Dear Mr Deaton:

Attempted cover-up of crimes has resulted in illegal garnishment for $11,018 of our Sandia Laboratories Federal Credit Union savings account.

July 11, 2008 judge M Christina Armijo ordered Garnishee Sandia Laboratory Federal Credit Union to pay the garnishor.

This order was not mailed to plaintiffs until July 14, 2008.

We have right to file rule 59 motion (e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 10 days after the entry of the judgment by July 31, 2008.

One way to get our funds released from garnishment is to see that the criminals prosecuted.

To this end I filed a prima facie citizens complaint with APD.

Prima Facie for the reason that all evidence of guilt of the accused is in writing.

APD detective Christian Baker looks to have joined the criminals by not properly processing my complaint and a similar complaint submitted, but not signed, by citizen Arthur R Morales.

For this reason I am submitting Citizen Police Complaint against Baker. And a criminal statement too.

I ask that a replacement detective prepare arrest warrants for those identified in my prima facie complaint statement.

All evidence of guilt of accused is in writing.

If those accused claim they are innocent, then they should plead "not guilty" at their arraignment.

Then make their case to a jury at their trial.

In my CITIZEN POLICE COMPLAINT statement I stated

Would you be interested in mediation to resolve this complaint: YES

The attached CITIZEN POLICE COMPLAINT is merely one of many steps required to hopefully peacefully settle these unfortunate matters.

Draft paragraphs begin to outline other steps which may have to be taken to resolve these unfortunate matters.

We tried all the possible legal steps known to us to get Civ No: 97 2266 SC AM 10:51 against the National Security Agency peacefully settled which included filing a criminal complaint against Zbigniew Brzezinski for his role in starting the 1980 Iraq/Iran war.

We did this through the federal court system.

The federal court system is not working to resolve these unfortunate problems.

Visibility of failure to achieve peaceful settlement is reaching around the world be cause of postings on Internet. See http://www.theoildrum.com/node/4138/359968
and posted Eid-e shoma mubarak.

We believe that pressure must be exerted by your office and APD to see that the named criminals are arrested.

The pressure to get the federal legal system working and matters peacefully settled must come from below.

I will phone to try to set up a meeting to discuss possible courses of actions.

Sincerely


William Harris Payne
13015 Calle de Sandias NE
Albuquerque N.M. 87111
505-292-7037
bpayne37@comcast.net

distribution

mayor@cabq.gov
jhamman@cabq.gov
kmccabe@cabq.gov
mcastro@cabq.gov
mcallaway@cabq.gov
Dbowdtch@cabq.gov
rshultz@cabq.gov
bill.leonard@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov
jim.kovakas@usdoj.gov
tanya.kubinec@wpafb.af.mil
board_of_directors@slfcu.org

ALBUQUERQUE POLICE DEPARTMENT                   Official Use Only:
CITIZEN POLICE COMPLAINT FORM                        Date/Time Received:
                                                                                              Received By:
                                                                                              CPC#:
                                                                                              Assigned To:

INSTRUCTIONS:

This form should only be completed if you wish to initiate a complaint against the Department or an employee(s). According to City Ordinance, written complaints must be filed within ninety (90) calendar days of the incident to be accepted. If you would rather attempt to resolve this issue with the employee’s supervisor, you may contact the employee’s supervisor directly. For assistance, please contact the Internal Affairs Unit at (505) 768-2880 during business hours.

IF YOU DECIDE TO FILE A COMPLAINT:

Please complete the complainant information and statement portions below. Once the form is completed and signed it may be delivered to the Independent Review Office/Police Oversight Commission at 600 2nd St. NW, Room 813, Albuquerque, NM, 87102, or mailed to PO Box 1293, Albuquerque, NM 87103. Please notify the Independent Review Office if your address or phone number changes prior to the resolution of your complaint.

COMPLAINANT INFORMATION

NAME: William Harris Payne

ADDRESS: 13015 Calle de Sandias NE, Albuquerque, NM 87111

TELEPHONE: Home: 505-292-7037 Cell/Work: 505-463-1020

Date and Time of Incident: Thursday May 1, 2008

Address where incident happened: John Carrillo Memorial Substation 8201 Osuna NE

NOTE: This complaint form along with other necessary documentation will be forwarded to the Independent Review Office for evaluation and investigative direction. Your complaint may be investigated by the Independent Review Office or assigned to APD’s Internal Affairs Unit for investigation. The Independent Review Office also will review the completed investigation and will submit findings to the Chief of Police. You will be notified by certified mail, at your abovelisted address, of the final disciplinary findings (normally within 60 days after the complaint has been filed.)

PD-1102 (Revised 01/07)

STATEMENT

Please describe both the incident and the specific nature of your complaint as completely as possible. Be sure to give the names, addresses and phone numbers of any witnesses of which you are aware. Be as specific as possible about the details such as exactly what was said, time and dates of incident. Identify the exact location of the incident, identification of the officers involved, if known. If officer’s names are not known, please include detailed descriptions of officers. Be specific, it is important to provide as much information as possible. Attach additional sheets if necessary. Please feel free to include any other relevant information or items (pictures, witness statements, etc.)

1 Detective Baker's response to Payne's statement submitted in writing and posted on Internet at http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement2 Thursday May 1, 2008 is also dated May 1, 2008.

2 Detective Baker attempts to dissuade Payne and Morales from filing statements. Evidence of Baker's guilt is on audio tape, provided it has not been altered.

4 Payne signs and dates his statement. At that time Baker obtains a case number and give Payne a copy of the first and last pages of complaint. See http://www.prosefights.org/nmlegal/apdstatement/apdstatement#coverlastsheet

5 Baker wrote

On Thursday, May 1, 2008 I met with Arthur Morales and William H. Payne regarding a situation in which both are alleging judicial misconduct within the New Mexico District of the US Federal Courts. Both Morales and Payne stated that the United States Federal Government has been illegally garnishing wages and has frozen US Currency within their bank accounts.

We alleged, in writing, that the above had occurred without judicial jurisdiction so individuals were acting outside the scope of their authority.

Baker was given a signed copy of Payne's statement.

6 Baker wrote

Morales and Payne wanted this documented with the Albuquerque Police Department even though they both understand that the Albuquerque Police Department does not have jurisdiction to investigate federal offenses. Morales and Payne were referred to the Department of Justice for jurisdictional purposes.

Above is false statement. We did not "[b]oth understand that the Albuquerque Police Department does not have jurisdiction to investigate federal offenses".

Baker attempted to convince us that his statement was true.

Baker attempted to have us depart without signing our statements.

We explained carefully to Baker that that those complained about were acting outside the scope of their duties.

Baker only properly logged Payne's statement, but not Morales, when Payne signed the statement.

7 Baker wrote

Morales and Payne have completed written statements and the interview with them was recorded. The written statements are attached to this report, the audio recording was tagged into evidence. It should be noted that the interview will be tagged into evidence as 'evidence' however there is no indication at this time that there was a crime committed.

Baker's statement, "It should be noted that the interview will be tagged into evidence as 'evidence' however there is no indication at this time that there was a crime committed." does not indicate that any investigation which would require responses be solicited from those accused was conducted.

Baker, in his above paragraph, appears that he is attempting to cover-up a crime where all of the evidence of the guilt of those charged is in writing.

The above evidence in Baker's own writing shows that he has apparently violated

30-28-2. Conspiracy.

A. Conspiracy consists of knowingly combining with another for the purpose of committing a felony within or without this state.

in writing.

PD-1102 (Revised 01/07)

WITNESSES:

Name: Arthur R Morales

Address: 1400 Camino Amparo NW,  Albuquerque NM 87107

Phone Number: 505-410-2339

Names of officer you are complaining about: Detective Christian D Baker

Would you be interested in mediation to resolve this complaint: YES

End of Statement

The information provided in this statement is true and factual to the best of my knowledge. I understand that I may be required to appear in the Independent Review Office or the Internal Affairs Office for further interview or to provide other investigative assistance as necessary.

Complainant’s Signature

Complainant’s Date of Birth: 6/11/1937

PD-1102 (Revised 01/07)

 

Wednesday July 9, 2008 15:17

Both parties reported there was possible judicial misconduct regarding the alleged, illegal freezing of funds and garnishment of wages.

On Thursday, May 1, 2008 I met with Arthur Morales and William H. Payne regarding a situation in which both are alleging judicial misconduct within the New Mexico District of the US Federal Courts. Both Morales and Payne stated that the United States Federal Government has been illegally garnishing wages and has frozen US Currency within their bank accounts.

Morales and Payne wanted this documented with the Albuquerque Police Department even though they both understand that the Albuquerque Police Department does not have jurisdiction to investigate federal offenses. Morales and Payne were referred to the Department of Justice for jurisdictional purposes.

Morales and Payne have completed written statements and the interview with them was recorded. The written statements are attached to this report, the audio recording was tagged into evidence. It should be noted that the interview will be tagged into evidence as 'evidence' however there is no indication at this time that there was a crime committed.



Posted on Wednesday, July 16, 2008, 12:00AM

Over a 12-month period, the nation's banks garnished more than $170 million in federal benefits such as Social Security and disability payments on behalf of creditors, even though federal law specifically prohibits the practice, according to a new report by the Inspector General of the Social Security Administration (SSA).

Wednesday July 9, 2008 07:58

NRDC coal report linked.

Toxic bass/walleye fishing, and observing rural home FOR SALE signs.

We've taken a month off for vacation, pnm electric irp report comments.

eid-e- shomah mubarak!

New Mexico law allows carrying a loaded gun in a car and even loaded guns on your person provided they are not concealed.

Payne learned this in concealed carry class.

But let's check with other sources before filing additional APD officer misconduct complaints ... if we don't promptly settle, of course.

[T]his does not apply to: 1) carrying in a person's residence or on real property belonging to him as an owner, lessee, tenant or licensee; 2) carrying in a private automobile or other private means of conveyance, for lawful protection of person or property; or ...

Ray did not send Payne his certifcate for passing course.

Payne used a .22 pistol for the class which does not qualify for concealed carry license. Payne was only interested in the course contents, not carrying a concealed weapon.

Morales wants to leave the above for later ... if we don't settle.

http://www.prosefights.org/thecanadian/thecanadian.htm#frasche

(eid-e- shomah mubarak!)

Anyone believe that we don't have a best-seller book here?
DRAFT paragraphs


But his is merely another step which need to be taken to get these unfortunate matters settled.

Your personal involvement in these unfortunate matters began as magistrate in 92-1452 JC/WD.

Lawyer Steve Aarons, Sandia National Laboratories representative, and I met with you in 1993, I believe, your effort to settle matters.

Our second personal interaction was on 3/22/01 when you helped recuse New Mexico federal judicial officers from Morales and Payne 12 person New Mexico state lawsuits.

These unfortunate matters have gotten a lot more serious as a result of information exchanged on Internet.

Improper garnishment of $22,036 is directly related to what is now known as a Nojeh/NSA lawsuit.

Receipt of the email

---Original Message-----
From: Iran Defence Forum [mailto:support@irandefence.net]
Sent: Tuesday, June 10, 2008 11:01 PM
To: bpayne37@comcast.net
Subject: Happy Birthday from Iran Defence Forum

Hello billp37,

We at Iran Defence Forum would like to wish you a happy birthday today!

may appear to be another indication that they are reading this material.

As you may well be aware by now that all judgments in our New Mexico 12 person jury trial lawsuits are void for a number of reasons.

I am prepared to file to void judgments of Utah chief judge Dee Vance Benson in 01 cv 1132
for lack of subject matter jurisdiction.

Then file to void judgments of Wyoming chief judge William F Downes in 00 cv 1677 for lack of subject matter jurisdiction once I see results of void judgment filing in 01 cv 1132.

Current federal chief magistrate judge Lorzenzo Garcia is a defendant in 00 cv 1677. See
05/30/2003 06/02/2003 105 ORDER by District Judge William F. Downes granting deft USA's motion to dismiss [78-1] and further ordered that pltf's claims against defts Charles Burtner and Magistrate Judge Garcia are dismissed w/prejudice dismissing case (cc: all counsel) [164k] [8 pages]
RE: [78] MOTION by deft USA to dismiss and/or... [36k] [2 pages]

Mr Morales and I can then proceed to file to void judgments in 00 cv 1574, 01 cv 0634, and 01 cv 1198.

But these legal actions may or may not result in peaceful settlement of these unfortunate matters.

While in the past criminal judicial misconduct may have gotten the US government out of its problems, it is unclear that it will work in these unfortunate matters because of Internet communications.


 Wednesday June 25, 2008 14:40

We are not working alone.

Bob Carman referenced http://www.wethepeoplefoundation.org/.
-----Original Message-----
From: bill payne [mailto:bpayne37@comcast.net]
Sent: Tuesday, June 24, 2008 4:47 PM
To: Amorales58@Comcast.Net
Subject: bob carman

i talked to bob carman this afternoon after meeting with gould.

carman thinks the feds are scared about jurisdiction issues.

and also because of lots of people are looking at nonsense in federal courts.

this may be why armijo has not acted.

we may have to depose armijo with lawyer eliot gould performing the depostion. using a subpoena, of course, as gould explained.

Gould said he can perform depositions through 2011.


Normally, i.e. without sufficent visibility, these matters would have been over long ago.

Our visibility increased dramatically on June 11, 2008.

Payne had lunch in abq with Eliot Gould who is lawyer from Illinois who got tossed off the ballot for district attoney candidate in Santa Fe.

Gould is suing to get on the ballot.

Judge Martha Vazquez is presiding in Gould's lawsuit.

We shared information.



Wednesday July 30, 2008 13:45

http://www.prosefights.org/nmlegal/apdstatement/apdstatement#bakerpaynereport

Wednesday July 9, 2008 15:24

Let's respond to Baker. But not directly.


Baker committed a felony violation of law in writing.

Sunday June 15, 2008 field tripThe Oil Drum viz.

Baker appears to be engaged in creative writing.

APD detective Baker may be included in the Myrland list.

You wouldn’t believe how frequently Prosecutors, Lawyers for the Plaintiff, and Judges do the Criminal Act without any hint of remorse and believing you have no recourse or remedy to their Criminal Acts.

I participated on a counseling conference call with David and I have to say just how impressed I am with David’s ability to find these violations in the Record. David, after listening to the evidence, started clicking off, one after another, the Federal Criminal Statutes opposing counsel and the judge had violated. It was really something impressive to listen to. The thing that marveled me most was that David rooted out the earliest violation that occurred. It happened before the Complaint was even filed! That initial violation actually made void everything that followed.

...
Courts no longer follow the law.

This is obvious.

What can be moved are the men and women who ‘work’ the courts to our detriment. Whether a public servant is a Dog Catcher, a Zoning Officers, a LEO, or a Prosecutor or a Judge; they ALL seek to further their political careers.

This is actually their Achilles heal!

We observe these people trip over themselves to violate, to trespass your Rights and in doing so, most likely they are violating your state criminal statutes in the process.

What David Myrland teaches is how to write the Criminal Complaints that absolutely foils any aspirations they may have for a future political career.

The end result is – do they not only want to get you out of their courts – better yet – they avoid you in the future!

Sunday June 8, 2008

Baker's response looks more like an attempted cover-up as opposed to a proper police investigation of of prima facie felony violation of law.

All evidence of guilt of accused is in writing.

Pro se fighters, only written materials count.

Words out of mouths don't count.

The goal, of course, is to settle not fight further. But the opposition looks to want to continue to fight.

Detective Baker phoned at about 13:05 on Monday June 2, 2006.

The APD response was picked up at the Carillo station.

The question all of us must ask ourselves is: Are matters going to get settled or get worse?

WWIII may be a lower limit or worse.








Both parties reported there was possible judicial misconduct regarding the alleged, illegal freezing of funds and garnishment of wages.

On Thursday, May 1, 2008 I met with Arthur Morales and William H. Payne regarding a situation in which both are alleging judicial misconduct within the New Mexico District of the US Federal Courts. Both Morales and Payne stated that the United States Federal Government has been illegally garnishing wages and has frozen US Currency within their bank accounts.

Morales and Payne wanted this documented with the Albuquerque Police Department even though they both understand that the Albuquerque Police Department does not have jurisdiction to investigate federal offenses. Morales and Payne were referred to the Department of Justice for jurisdictional purposes.

Morales and Payne have completed written statements and the interview with them was recorded. The written statements are attached to this report, the audio recording was tagged into evidence. It should be noted that the interview will be tagged into evidence as 'evidence' however there is no indication at this time that there was a crime committed.

Here are the unread emails from Baker.

Monday May 12, 2008 14:59

After an intitial attempt to try to convince us that APD did not have jurisdiction

Detective Baker got our stories and complaints.

We continued to emphasize that Garcia was acting as a private citizen outside the scope of this authority in a garnishment attempt where rules were not followed.

Settlement time yet?

Morales reported that APD detective phoned him.

Payne was busy at PNM electric irp from about 09:15 to 16:00 so he listened to phone messages.

Here's the APD detective message.

Former federal chief magistrate judge William Deaton seemed like a judge who was trying to do the right thing.

Perhaps that's the reason he is no long with the federal court system?

But he is with the Albuquerque Police Department!

Former federal magistrate judge William Deaton is central to these matters.

http://www.cabq.gov/iro/EvidenceRoomExecSummary.html

http://www.cabq.gov/iro/pdf/CPCForm2.pdf

Deaton was magistrate judge for John Conway and aided in getting Morales/Payne cases removed from New Mexico federal court.

Deaton was given a copy of the Buehler Swiss Radio International tape transcribed by Laszlo Baranyi.

Baranyi Crypto AG information is now linked at reference 10 at Wikipedia.

We should get matters settled before they get even worse. Which they did this morning.

When Payne was waiting for Morales in east parking lot at

APD officer arrived on a motorcycle with lights flashing just to the left of this photo at about 09:55.

The APD officer drew is pistol, aimed it at Payne's back, ordered Payne out of his vehicle, ordered Payne to turn around, and place his hands behind his neck.

The officer asked Payne if he had a gun. Payne responded negatively.

The officer [Romero?]told Payne to place his feet wide apart. The officer then searched Payne.

A second officer [Olmstad?], with gun first drawn, searched Payne's vehicle and found no gun.

We all went in to the above substation where Morales was waiting. Morales parked on west side of the station since he arrived from the west. Payne parked on the east side since he arrived from the east.

The officer in charge said that the substation has been threatened. And someone phoned to report that man in bue shirt and camo hat [an official US issued hat] had a gun.

Shall we ask for the police report on this drawn gun matter?

No gun. Digital camera, yes. From our police state point of view, everything can be mistaken for a gun.

US Marshals Halvorsen and Bowman were frightened of a digital camera to the point that they committed criminal harassment in front of a camera.

So we should get matters settled promptly.

Pacer garnishment docket as of Friday April 18, 2008 10:49.

We visited PACER to look for docket entry 88. It is not posted on PACER.

88 strikes MALDEF lawyer, not judge, Martha Vazquez threat 87.

Vazquez did not have jurisdiction.

"Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is

"...without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers." Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) ""

Martha Vazquez has been internationally labelled a crooked judge.

Now we have to show the world that in the United States crooked lawyers are imprisoned if they get caught committing crimes in writing.

But we needed visibility to reach this point in our legal project. This was purpose of filing FOIA lawsuit Civ No: 97 2266 SC AM 10:51 against the National Security Agency.

We're linking to the PACER pdf documents to show lawyers, not judges - no jurisdiction, Vazquez, Armijo and Garcia got caught committing New Mexico state crimes in writing.

Now that we're checking pdfs, we see what we have also caught clerk Matthew Dykman in pattern and practice of harassment. But Dykman is little fish.

Guilt of the accused is in the docket record.

PACER docket records
http://www.prosefights.org/nmlegal/pacergarnish/pacergarnish.htm

Detective has not returned phone call.

We need to write a brief letter to a detective - we have a phone call to him.

Keep in mind that these guys are experienced. They have learned it's best to get a message so as to give them some time to frame a response.

We are not in a rush. Keep in mind that the goal is to settle, not particularly to send some crooked lawyers to jail. No money is that.

We will reference Northern New Mexico Adhoc Committee For Honesty in Government points

2. Threats, intimidation, infliction of emotional duress, personally and via the US Mail;

3, Attempts at extortion under 'color of law'; ...

5. Denial of a Trial by Jury and Due Process of Law;

6. Total absence of "Powers of Attorney" and statutory authority for these actions;

7. Recordation of bogus liens and levy's, retaliation, persecution of, and blatant oppression against those who dare to question the legality of such 'federal' actions.

The visibility of these matters continues to escalate because of the efforts of lots of people.

EROIs (energy return on investments) viz.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement2






NAME William H Payne                                                ALBUQUERQUE POLICE DEPARTMENT
                                                                                         ALBUQUERQUE NEW MEXICO
ADDRESS 13015 Calle de Sandias NE                        DATE:
                                 Albuquerque 87111                        TIME:
DATE OF BIRTH June 11, 1937                                   CASE NUMBER:

AGE 70

SOC. SEC. NO. xxx-xx-xxxx

HOME PHONE 505-292-7037           WORK PHONE

I "William H Payne" willingly and voluntary give this statement to Officer / Detective Christian Baker who I know to be a member of the Albuquerque Police Department. I understand that I do not have to give a statement and any statement that I do give can be used in a court of law if necessary.

Lawyers John W Zavitz, Kevin Hammar, Lorenzo Garcia and Martha Vazquez alleged to have committed some or all criminal violations

1 30-3A-2. Harassment
2 30-28-1. Attempt to commit a felony
3 30-28-3. Criminal solicitation
4 30-28-2. Conspiracy
5 30-16-9. Extortion
6 Racketeering Act [30-42-1 NMSA 1978]:

for amount of at least $ with all evidence of alleged crimes in writing.

HISTORY:

Motivation for these New Mexico state crimes requires enumeration of historical development to understand what happened.
1 Aug. 6, 1991 Shahpour Bakhtiar, the last prime minister of the Shah of Iran, and his personal secretary Katibeh Fallouch were assassinated in the west Paris suburb of Suresnes.

Wikipedia posts, apparently by Persian intelligence representative, in the summer of 2007 suggest that Bakhtiar was, in fact, executed for his role in the attempted Nojeh coup.

2 March 18, 1992 Iran arrests Swiss company Crypto AG top salesman Hans Buehler for espionage in Tehran.

3 July 27, 1992 Sandia National Laboratories fires Payne.

4 December 23, 1992 plaintiff Payne files 92 cv 01452 (sealed) which is referred to Magistrate William Deaton. See docket entry 1.

5 December 31, 1992 Sandia Labs manager James Gosler submits ex parte sealed AFFIDAVIT to court. See docket entry 3.

December 6, 2006 the FBI declassifies a January 28, 1993 Wayne R Gilbert letter in which Payne is accused of releasing classified information about the National Security Agency.

6 January 4, 1993 Hans Buehler is released from the Evin prison in Tehran.

7 December 31, 1994 Buehler phones Payne from Zurich.

8 January 3, 1995 Buehler mails Payne a letter, copies of Reuters newspapers translations, book, and several other things.

9 January 5, 1005 Buehler mails Payne a copy of Swiss Radio International broadcast tape.

10 June 22, 1995 Baltimore Sun reporter Scott Shane phones Payne to ask for copies of documents and tape.

11 December 10, 1995, pp. 9-11. The Baltimore Sun, publishes No Such Agency Part Four - Rigging the Game written by Scott Shane and Tom Bowman.

12 January 22, 1996, Electronic Engineering Times, p. 84. publishes State-Sanctioned paranoia written by Loring Wirbel.

The words "DOE, Bill Payne, NSA, Crypto AG, Hans Buehler, Iranian prison, Crypto/NSA sting against that country, .." are contained in an article read by Iranian engineers.

13 February 28, 1997 Payne and Morales file FOIA lawsuit Civ No: 97 2266 SC AM 10:51 against the National Security Agency.

14 August 13, 1998 Hungarian/Swedish/German/English speaker Laszlo Baranyi requests copy of Swiss Radio International broadcast tape to transcribe tape from German audio to English text.

15 January 07, 2001 A. Zoubin ( Information Committee) of SMCCDI makes email contact to ask
Dear Friend,

we saw some of these documents http://www.geocities.com/CapitolHill/Congress/8327/buehlerpayne.html but we would like your commentary about what happened and all circumstances so we can post it on our website but as well as a report to the mailing lists.
16 May 11, 2007 Payne and Morales file motion to void judgment in New Mexico federal court in  CIVIL NO. 97-266 MCA/LFG for lack of jurisdiction for a several reasons.

17 May 16, 2007 "MOTION to Set Aside Judgment by William H Payne, Arthur R Morales. (pz) (Entered: 05/18/2007)" is finally docketed.

18 June 6, 2007 Payne and Morales file criminal complaint affidavit with in CIVIL NO. 97-266 MCA/LFG
Docket entry: 06/12/2007 85 STRICKEN from the record pursuant to 100 Order - REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 06/12/2007) ]

since it appears from Wikipedia Nojeh post that a crime was committed by Carter administration National Security Advisor Zbigniew Brzezinski.

19 February 12, 2008 commodities investor Jim Rogers reports in interview by Paul Kedrosky "Somebody knew that Iran and Iraq were going to war" which suggests that insider trader crimes may have been committed by Carter administration members.

WRITTEN EVIDENCE OF ALLEGED CRIMES:

21 All judicial officers in the District of New Mexico were recused by former judge James A Parker:

There can be no fair hearing in New Mexico since then federal chief magistrate judge William Deaton told Payne and Assistant US Attorney Phyllis Dow at a meeting on 3/22/01 that it would be impossible to have fair hearings in New Mexico.
INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton; Rule 16 scheduling conference set for 3/22/01 at 11:00 am in Albuquerque, NM; provisional discovery plan and IPTR due 3/12/01 (cc: counsel*) [12k] [3 pages]

Therefore then federal chief judge James A Parker ordered in all five fraudulently removed New Mexico 12 person jury trial lawsuits.
1 03/27/2001 03/28/2001 42 ORDER by Chief Judge James A. Parker that this case has been reassigned to Judge William F. Downes (cc: all counsel by dm) [21k] [1 page]

2 06/12/2001 06/12/2001 16 ORDER by Chief Judge James A. Parker recusing all judicial officers of the District of New Mexico; and reassigning this case to the Hon. William F. Downes, Chief U.S. District Judge District of Wyoming (cc: all counsel*) [7k] [1 page]

3 10/25/2001 10/26/2001 6 ORDER OF RECUSAL by Chief Judge James A. Parker reassigning case to Chief Judge Dee V. Benson for the District of Utah (cc: all counsel*) [8k] [1 page]

4 03/27/2001 03/29/2001 69 ORDER by Chief Judge James A. Parker recusing all judicial officers of the District of NM and reassigning case to Chief U.S. District Judge William F. Downes of District of Wyoming (cc: all counsel) [23k] [1 page]

5 10/24/2001 10/26/2001 13 ORDER by Chief Judge James A. Parker that all judicial officers of the District of New Mexico recuse in this action, and this case is reassigned to the Honorable Dee V Benson, Chief United States District Judge for the District of Utah (cc: all counsel*) [8k] [1 page]

Conclusion is clear that "all judicial officers of the District of New Mexico" are recused for the reason stated by former chief magistrate judge William Deaton that Morales and Payne cannot get a impartial hearing in New Mexico.

From the 03/28/2008 14:12:09 docket of CIVIL NO. 97-266 MCA/LFG:

Docket entry 86 reads

06/12/2007 86 MINUTE ORDER, Judge M. Christina Armijo added. Judge Santiago E. Campos no longer assigned to case. (ln) (Entered: 06/12/2007)

Docket entry 87 reads
06/14/2007 87 ORDER of Reference by Judge Martha Vazquez (jmg) (Entered: 06/14/2007)

Docket entry 88 reads
06/15/2007 88 MINUTE ORDER STRIKING 87 Order of REFERENCE Due to case being assigned to District Judge Armijo. by Judge Martha Vazquez THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (jmg) (Entered: 06/15/2007)

A Docket entry 89 reads
06/21/2007 89 ORDER REFERRING MOTION: 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales to Chief Magistrate Judge Lorenzo F. Garcia by Judge M. Christina Armijo (jes) (Entered: 06/21/2007)

B Docket entry 90 reads
06/21/2007 90 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Lorenzo F. Garcia for discovery purposes. (ln) (Entered: 06/21/2007)

C Docket entry 92 reads

07/06/2007 92 ORDER TO SHOW CAUSE by Judge Lorenzo F. Garcia (ln) (Entered: 07/06/2007)

D Docket entry 95 reads

07/31/2007 95 REPORT AND RECOMMENDATION for Sanctions and Striking of Documents by Chief Magistrate Judge Lorenzo F. Garcia. Objections to R&R due by 8/17/2007 (clm) (Entered: 07/31/2007)

E Docket entry 96 reads

07/31/2007 96 ERRATA - Regarding Doc. 95, recommendation on page 13, Plaintiffs may file objections to the Court's Report and Recommendation pursuant to 28 U.S.C. Section 636(b)(1). (clm) (Entered: 07/31/2007)

F Docket entry 100 reads

08/27/2007 100 ORDER by Judge M. Christina Armijo Adopting Report and Recommendations, Striking Pleadings, and Imposing Sanctions 95 (jab) (Entered: 08/27/2007)

G Docket entry 102 reads

09/21/2007 102 ORDER by District Judge M. Christina Armijo striking 101 ORDER on Motion for Order. (al) (Entered: 09/21/2007)

H Docket entry 141 reads

03/05/2008 141 ORDER re: Writs of Garnishment by Judge M. Christina Armijo (jm) (Entered: 03/05/2008)

I Docket entry 142 reads

03/05/2008 142 NOTICE of Hearing on Objections to Exemptions set for 3/25/08 at 9:00 before Chief Magistrate Judge Lorenzo F. Garcia. (clm) (Entered: 03/05/2008)

J Docket entry 148 reads

03/25/2008 148 Clerk's Minutes for hearing on United States' objection to exemptions held before Judge Lorenzo F. Garcia on 3/25/2008. (Court Reporter Julie Sanchez.) (mw) (Entered: 03/25/2008)

K Docket entry 150 reads

03/27/2008 150 REPORT AND RECOMMENDATIONS by Judge Lorenzo F. Garcia that the United States' objections to Payne's and Morales' purported claims of exemption be sustained, that any purported claims of exemption be denied, and that the Court enter an order authorizing garnishment of the funds sought by the United States [See Doc. Nos. 114, 115.] Objections to R&R due by 4/15/2008.(mw) (Entered: 03/27/2008)

A through K are prima facie evidence that lawyers M Christina Armijo and Lorenzo F Garcia have violated New Mexico state law 30-3A-2. Harassment
A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

B. Whoever commits harassment is guilty of a misdemeanor.

because they do not have jurisdiction since all judicial officers in the District of New Mexico were recused by former judge James A Parker.

23 Lawyer Martha Vazquez did not have jurisdiction when she authored ORDER OF REFERENCE on June 14, 2007, Docket entry 87, which states



Lawyer Martha Vazquez is charged with violation of New Mexico

30-16-9. Extortion.

Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will.

Any of the following acts shall be sufficient to constitute a threat under this section: ...

B. a threat to accuse the person threatened, or another, of any crime;

C. a threat to expose, or impute to the person threatened, or another, any deformity or disgrace;

... Whoever commits extortion is guilty of a third degree felony.
31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.

A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows: ...

(8) for a third degree felony, three years imprisonment; ...

23 Lawyers John Zavitz, Kevin Hammar, and Lorenzo Garcia conducted hearing on March 25, 2008 09:00 [Docket entry 142].

This hearing had no lawful purpose because all New Mexico federal judicial officers were recused by former chief judge James A Parker.

Further plaintiffs were not properly served and garnishment rules were not followed.

Specifically, Sandia Laboratory Federal Credit Union [SLFCU] CEO Christopher Jillson and its lawyer Kevin Hammar did not check to see that the $11,018 garnished were exempt as required by law.

Here are instructions from the court to SLFCU:

We outline the the court's admonition to SLFCU in red which was included to ensure that SLFCU would not garnish exempt funds.



See MANDATORY JUDICIAL NOTICE 1, MANDATORY JUDICIAL NOTICE 2 for written evidence supporting statement.

Since Lorenzo Garcia lack jurisdiction plaintiffs did not attend unathorized hearing. See docket entry 148.




24 Lawyer Lorenzo Garcia with jurisdiction proceeds to



with above void document. See docket entry 150.

Above document does not conform to court rules because it is not filed stamped by court clerk.

The above ruling is also void for the reason that garnishment rules were not followed. Garcia lack the authority to make decision of seizing plantiff's money because only SLFCU has the data to verify plaintiff's saving exemption affidavit:



25 Lawyers Zavitz, Hammar, and Garcia and SLFCU CEO Christopher Jillson have committed felony violations of

A New Mexico 30-16-9.
Extortion. Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will. ...

Whoever commits extortion is guilty of a third degree felony.

for the amount of $11,018.

B 30-28-1. Attempt to commit a felony.

C 30-28-3. Criminal solicitation; penalty.

D 30-28-2. Conspiracy.

E Racketeering Act [30-42-1 NMSA 1978]

31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. ...

(8) for a third degree felony, three years imprisonment; or

(9) for a fourth degree felony, eighteen months imprisonment.

All evidence of guilt of the accused is in writing in court records seen at
http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement2.

END OF STATEMENT

THE ABOVE STATEMENT WAS GIVEN FREELY AND VOLUNTARILY BY ME. I HAVE READ THE ABOVE STATEMENT AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

WITNESS______________________ SIGNED______________

WITNESS _______________________DATE _______________



Keep in mind readers that we have crooked lawyers and NO JUDGES.

Judges are only judges so long as they have jurisdiction. Garcia and Armijo did not have jurisdiction for a variety of reasons.

So let's compose our APD criminal complaint affidavit.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement

Payne made an initial statement to APD Detective about attempt to take at least $22,036 from our Sandia Laboratory Federal Credit Union accounts without due process.

NEW MEXICO CRIMINAL AND TRAFFIC LAW MANUAL.




Monday May 12, 2008 09:17

-----Original Message-----
From: amorales58@comcast.net [mailto:amorales58@comcast.net]
Sent: Friday, May 02, 2008 5:26 PM
To: bill payne
Subject: My Latest and hopefully last version

Bill, See the enclosure. I review this and made some changes and corrected some errors. Look it over as best you can. I plan to take this into Baker as soon as I can. I will sign it and get a copy of the the signed copy and a copy of the docket sheets that I will enclose. Note that it has today,s date 5/02/2008. He has not returns my call as yet. ...art

Unedited May2, 2008 version

Detective was out chasing suspect with knife on Tuesday April 29, 2008, Morales said he was told.

Morales underwent arthroscopic surgery on his knee Wednesday April 16, 2008.

Morales statement was emailed Monday April 14, 2008 in Word format.

Only Morales's social security number has been redacted.

Docket before alterations

http://www.prosefights.org/nmlegal/nsalawsuit\pacerdocket970266.htm

Look at the "new" fraudulent docket.

Pacer garnishment docket as of Friday March 28, 2008 14:19.


http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement1






NAME Arthur R. Morales                                                 ALBUQUERQUE POLICE DEPARTMENT
                                                                                             ALBUQUERQUE NEW MEXICO
ADDRESS: 1400 Camino Amparo NW                             DATE:
                         Albuquerque NM 87107                            TIME:
DATE OF BIRTH : June 17, 1938                                    CASE NUMBER:

AGE 69

SOC. SEC. NO. xxx-xx-xxxx

HOME PHONE 505-323-7277           WORK PHONE

I "ARTHUR R. MORALES" willingly and voluntary give this statement to Officer / Detective Christian Baker who I know to be a member of the Albuquerque Police Department. I understand that I do not have to give a statement and any statement that I do give can be used in a court of law if necessary.

STATEMENT

Lawyers John W Zavitz, Kevin Hammar, M Christina Armijo, Martha Vazquez, Lorenzo Garcia and Sandia Laboratory Federal Credit Union [SLFCU] CEO Christopher Jillson are alleged to have committed criminal violations of

1 30-3A-2. Harassment
2 30-28-1. Attempt to commit a felony
3 30-28-3. Criminal solicitation
4 30-28-2. Conspiracy
5 30-16-9. Extortion
6 Racketeering Act [30-42-1 NMSA 1978]:

for amount of at least $11,018 with all evidence of alleged crimes in writing.

HISTORY:

Motivation for these New Mexico state crimes requires enumeration of historical development to understand what happened. (Note: # refers to Docket Report (enclosed) in case 97-266). Original docket, not counterfeit docket, linked.

On 2/28/1997 when William H. Payne and Arthur R. Morales filed a Freedom of Information (FOIA) lawsuit against the National Security Agency (NSA) # 97-cv-266.

Morales was an interested third party to see if the FOIA laws would work and needed visibility.

Enclosed please find a letter dated 2/18/08 to Gregory J. Fouratt, United States Attorney, from Morales Re: Writ of Garnishment, with attachments. This is an example how, in February 17, 1999, the courts using the application for garnishment docket entry #53 for $625


for former employee (William Payne) and Notice to Sandia National Labs (SNL) regarding garnishment docket entry #54 for former employee.



Payne was not working at Sandia National Laboratories, but since Morales was still working at SNL the court came after Morales on 2/17/1999 took the $625 even though Morales had been terminated (see attachments to letter) and removed from the NSA case 0n 4/30/1998.

Court advertised right of hearing before garnishment.

Morales requested hearing in writing.

Hearing request is docketed.


No hearing was conducted before Morales' wages were garnished for the $625 with due process.

This illegal action caused me and William Payne to sue Robert J Gorence, John J Kelly, Manuel Lucero, Jan Elizabeth Mitchell, and Don F Svet for Complaint for Writ of REPLEVIN and Relief from HARASSMENT in New Mexico state court paid for 12 person jury trial lawsuit civ - 2000 10289 guaranteed inviolate by New Mexico and federal constitutions.

New Mexico civ - 2000 10289




was fradulently removed to federal court without required affirmation.

Replevin and Harassment are federal questions.

New Mexico civ - 2000 10289 was given federal case number 00cv01574. All judgments are, course, void since a federal court does not have jurisdiction.

After Sandia garnished Morales's wages for $625, Payne reimbursed Morales $312.50. Morales and Payne split cost of garnishment in Nojeh/NSA lawsuit.

Court rules were not followed. The Court lacked jurisdiction to garnish Morales' wages. Therefore Court without without jurisdiction.

"Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is

"...without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers." Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) ""

Here is a copy of the docket showing Morales TERMINATED ON 4/30/98: http://www.prosefights.org/nmlegal/nsalawsuit\pacerdocket970266.htm


Here is the "new" fraudulent docket dated 03/28/2008 14:12:09.


An authentic docket can only have information appended to it.

Judge Svet came after Morales again on 4/20/1999 with another Writ of Garnishment for $1,793.56 (see attachments to letter) but we challenged the writ, which had no legal grounds.

To my knowledge, this wit was never cancelled. If Morales did not have standing in this case in the beginning, that could change now, because of what the courts have done to Morales with their writs of garnishment could certainly change that status.

Please find enclosed a letter to Chris Jillson, President; Hand carried on February 13, 2008.



This was an acknowledgment to Mr. Jillson (SLFCU's President and CEO) for the help in covering my overdraft at no cost. However the point that was needed to be made in the letter, was that we believed it was SLFCU's responsibility (as stated in the court order to SLFCU) " to garnish the funds only if they were non-exempt". That was the very reason for my submittal of my affidavit to SLFCU on 2/18/08 to swear that my frozen funds were EXEMPT.




To us that meant they should have made the decision since they had the proof and the law by which to use. They refused to make that decision and have caused a lot of pain and suffering to my family and me as noted through out this complaint.

Please find enclosed a letter to Ms Marsha Urioste, SLFCU Chair of the Board of Directors, from Arthur R. Morales dated March 19,2008. This was regarding the Writ of Garnishment against Arthur R. Morales.



This gives a detailed account of what happened from, January 19,2008, the day SLFCU called me about the notice of garnishment and the freezing of my funds of $11,018 until March 19. It also shows the detrimental effect on my family and me. In the letter I quote that Statue NMSA 22-11-42 provides exemption status for retirement accounts. I also reported to the Board that I strongly believe that SLFCU's attorney, Hammar, could have filed with the court that Morales met the status of exemption. However, Mr. Hammar advised Mr. Jillson that he could not make that decision. ( Not included in the letter because it is new information) So by not making that decision the Morales family has continued to suffer financially and emotionally by not being able to pay debts including Federal and State Income Taxes, property taxes and in some cases hospital bills. I am scheduled for knee surgery on 4/16/08. Even though I am in pain daily I am not sure if I should have it done at this time, because of my financial hardship. APPARENTLY THE BOARD CHOSE TO LET THE ATTORNEY HANDLE THE SITUATION. See enclosed letter from agjh attorneys at law (2/13/08)to Payne & Morales.



Morales sending his affidavit of exemption to Sandia Laboratory Federal Credit Union (SLFCU) in hopes that they would confirm his claim with SLFCU records was unsuccessful because: Kevin Hammar never returned Morales' call even though Hammar was the only one that we could talk to about the garnishment. Hammar, however, did file Morales' affidavit to the court but w/o Morales permission and w/o SLFCU records to support Morales' affidavit. Furthermore, on 02/04/2008 Mr. Hammar mailed to me SLFCU's copy of 'INSTRUCTIONS TO THE GARNISHEE' which states ON PAGE 2, "You are further required to withhold and retain any property, including bank accounts, in which Plaintiff has a substantial non-exempt interest.

A list of exemptions which are not subject to this writ is attached to this writ, entitled Claim For Exemption Form." Also enclosed was SLFCU's copy of 'WRIT OF GARNISHMENT', which states ON PAGE 2, "Under the law, there is property which is exempt from this writ of Garnishment. Property which is exempt and which is not subject to this order is listed on the attached Claim for Exemption form which is attached to the Clerk' Notice of Post-Judgment Garnishment and instructions to Debtor".

SLFCU garnished money from my savings account in violation of rules set in CLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT AND INSTRUCTIONS TO DEBTOR.

Page 2 states





The two underlined instructions, above, to SLFCU appear to be decisions to be made by SLFCU in order for them to be legally able to garnish or even freeze Morales' funds or not. Why would the court include a list of exemptions which is not subject to this writ if a decision was not required in order going to the next step.

Enclosed is Morales' most recent evidence for my exempt status (some from SLFCU and some from Fidelity Retirement Fund) which shows that accused are guilty of crimes charged.

Blue star highlights transfer from Fidelity to SLFCU. Green check highlights $11,018.00 illegal garnishment transfer.

to enable the release of my frozen funds of $11,018.

We have to send the accused to prison to get out savings funds released.

More importantly, William Payne reminded Morales that federal chief judge James A Parker recused all judicial officers in the District of New Mexico because he said, "There can be no fair hearing in New Mexico since (then), chief magistrate judge William Deaton told Payne and Assistant US Attorney Phyllis Dow, at a meeting on 3/22/01, that it would be impossible to have fair hearings in New Mexico."

All the errors and mistakes, found to date, that were made by the court have been noted and made clear to the court in our submittals to the court, MANDATORY JUDICIAL NOTICE 1 and MANDATORY JUDICIAL NOTICE 2. The fact chief judge, James A. Parker, removed Payne and Morales cases out of New Mexico confirm the bold print statement above. This also legally substantiates Morales and Payne no-show at the illegal hearing on March 25,2008, Case No. CIV 97cv 266 MCA/LFG. Our final concern was to go to the illegal hearing that was to be under the complete control of the people, with power, whom are after us and have misused the law to get to us to this point.

Lawyers Zavitz, Hammar, and Garcia and SLFCU CEO Christopher Jillson have committed felony violations of

A New Mexico 30-16-9.
Extortion. Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will. ...

Whoever commits extortion is guilty of a third degree felony.

for the amount of $11,018.

B 30-28-1. Attempt to commit a felony.

C 30-28-3. Criminal solicitation; penalty.

D 30-28-2. Conspiracy.

E Racketeering Act [30-42-1 NMSA 1978]

31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. ...

(8) for a third degree felony, three years imprisonment; or

(9) for a fourth degree felony, eighteen months imprisonment.

by garnishing $11,018.00 from my SLFCU saving account when after I was removed as a plaintiff from #97-266.

Lawyers Zavitz, Hammar, and Garcia and SLFCU CEO Christopher Jillson have harassed me by their criminal actions.

Lawyers M Christina Armijo and Lorenzeo F Garcia committed misdemeanor crime of harassment for assuming jurisdiction in #97-266 after former chief judge James A Parker recused all New Mexico federal judicial officers.

Lawyer Martha Vazquez commited extortion in writing when she did not jurisdiction in #97-266.

WRITTEN EVIDENCE OF ALLEGED CRIMES:

All evidence of guilt of the accused is in writing in court records seen at http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement1.

END OF STATEMENT

THE ABOVE STATEMENT WAS GIVEN FREELY AND VOLUNTARILY BY ME. I HAVE READ THE ABOVE STATEMENT AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

WITNESS______________________ SIGNED______________

WITNESS _______________________DATE _______________



Keep in mind readers that we have crooked lawyers and NO JUDGES.

Judges are only judges so long as they have jurisdiction. Garcia and Armijo did not have jurisdiction for a variety of reasons.

So let's compose our APD criminal complaint affidavit.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement

Payne made an initial statement to APD Detective about attempt to take at least $22,036 from our Sandia Laboratory Federal Credit Union accounts without due process.

NEW MEXICO CRIMINAL AND TRAFFIC LAW MANUAL.




Monday May 5, 2008 06:43

Senior citizen Payne is 45 days younger than Saddam and about one month older than Kent Parsons.

Payne had not heard of an 8051 microcontroller until Parsons introduced it to him.

Parsons ordered port of the Fig [Forth Interest Group] 8085 forth to the 8051.

Let's help Baker with the investigation by assembling names, addresses and email addresses of the alleged crooks - all evidence of guilt is in their own writing.

Detective Baker did his detective work fairly well. And made an audio recording.



Sharin Neshat's name came up several times for the reason she pdfed
Shahrokhi/Nojeh air base in Hamedan). The Iranian officers were organized by ... question are currently being sought in a lawsuit against NSA in New Mexico, ...

The word "nukes" also came up..

And so did



his name. Baker worked with him.

Thursday May 1, 2008 16:07

We expect nonsense at the DA's office.

Attempting to cover up a felony is a felony. So let's hope reason prevails.

Because we have the drill down on how to file a felony statement with APD.

-----Original Message-----
From: bill payne [mailto:bpayne37@comcast.net]
Sent: Thursday, May 01, 2008 3:37 PM
To: cbaker@cabq.gov
Cc: Amorales58@Comcast.Net
Subject: case CAD's number 08122/0545 APD Case Number 08-119513

Let's all hope for peaceful settlement soon.




Thursday May 1, 2008 15:27

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#baker




cbaker@cabq.gov

Dear Detective Baker:

Thank you for meeting with Mr Morales and me between about 09:50 to about 10:45.

For the record you took my signed statement and Mr Morales' unsigned statement.

I gave you a copy of
Northern New Mexico Adhoc Committee
For Honesty in Government

An Open Letter To;

All NM County Sheriffs;

All State and Federal Representatives and Elected Officials

NM State Attorney General

Various News Media All Concerned NM State Citizens;

You told us that you statement would only be between 3 to 4 lines long stating the essence of our felony complaints of garnishment outside the law.

We stated that rules, both of the court and garnishment, were not followed and, as a result federal court did not have jurisdiction.

You said that the complaint would be passed to the DA's office for processing. This would take about 20 days.

Here is the Internet link to my statement:

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement2

Here is the link to Morales' statement:

at http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement1

We have not put all the links or written evidence in Morales' draft statement.

This will be completed shortly. I will put a revision date on the statement.

Thank you for listening [and recording] the details of our 16 year legal project.

And talking about oldest APD officer Kent Parsons.

Parsons has a fair amount to do with these unfortunate matters.

I describe Parson's role in the preface of my 8051 Forth book.

I put a red check and green star next to Parson's name.





We continue to hope for peaceful settlement of these unfortunate matters before they get far worse.

Sincerely,

Bill Payne


-----Original Message-----
From: bill payne [mailto:bpayne37@comcast.net]
Sent: Friday, May 02, 2008 9:41 AM
To: cbaker@cabq.gov
Cc: Amorales58@Comcast.Net
Subject: FW: Final CCafidavit

Detective Baker:

Morales sent his new statement to me last night which I now forward to you.

He said this morning that he is trying to contact you to deliver and sign it.

Morales he made copies of written evidence of guilt of accused to give to you.

We're concerned about the investigative procedure you outlined on Thursday May 1, 2008.

We believe that this the correct APD investigation procedure.

Steps in Filing a Citizen Complaint

Citizens are encouraged to bring any question or concern about procedures to the attention of the Police Department, at any listed location. An attempt to formally address your concerns will be made by the employee’s supervisor. Complaints may be made informally through the employee’s chain of command or formally. The steps for filing a formal written complaint are as follows:

A citizen wishing to file a formal complaint should complete a written complaint form. These forms may be obtained at any substation or at the Internal Affairs Unit (400 Marquette NW, Old City Hall 1st floor). A Citizen Police Complaint (CPC) number will be assigned to each complaint. In most cases, a copy of the written complaint will be sent to the individual against whom the complaint was filed within seven working days.

If a complaint warrants further investigation, the Independent Review Officer will assign the case to the Internal Affairs Unit or to an outside investigator. Once the investigation is complete the Independent Review Officer, Chief of Police or his designate shall review all findings and determine the appropriate action to be taken. Most investigations and findings are completed within 60 days after the complaint has been filed. However, the Chief of Police may request a 30 extension from the Public Safety Director if the case requires additional attention.

Citizens filing complaints will receive a written notice of the disposition through certified mail. This notification will inform citizens of their right to appeal the decision to the Police Oversight Commission (POC).Any questions you have concerning the complaint process may be directed to the Internal Affairs Unit at 768-2880.

Citizens must be aware of the city ordinance which governs false reports and states that it is unlawful for any person to intentionally make or file with any law enforcement agency any false, misleading, or unfounded report or statement.

Morales appears to be under extreme stress for a variety of reasons.

While he attempts to attribute this to the Nojeh/NSA lawsuit, my observation is that he has moved 3 times [in fourth home] in the past several years.

Expenses and physical stress associated with these moves may be more correctly attributed to Morales apparent stress.

Prompt peaceful settlement of these unfortunate matters, we believe, should be the goal of everyone.

bill payne

-----Original Message-----
From: amorales58@comcast.net [mailto:amorales58@comcast.net]
Sent: Thursday, May 01, 2008 7:04 PM
To: bill payne
Subject: Final CCafidavit

See attached it has today's date




Monday June 2, 2008 13:12

Detective Baker phoned at about 13:05 to say that the investigation report was ready to be picked up at the Carillo station.

Here are the unread emails from Baker.

Monday May 12, 2008 14:59

After an intitial attempt to try to convince us that APD did not have jurisdiction

Detective Baker got our stories and complaints.

We continued to emphasize that Garcia was acting as a private citizen outside the scope of this authority in a garnishment attempt where rules were not followed.

Settlement time yet?

Morales reported that APD detective phoned him.

Payne was busy at PNM electric irp from about 09:15 to 16:00 so he listened to phone messages.

Here's the APD detective message.

Former federal chief magistrate judge William Deaton seemed like a judge who was trying to do the right thing.

Perhaps that's the reason he is no long with the federal court system?

But he is with the Albuquerque Police Department!

Former federal magistrate judge William Deaton is central to these matters.

http://www.cabq.gov/iro/EvidenceRoomExecSummary.html

http://www.cabq.gov/iro/pdf/CPCForm2.pdf

Deaton was magistrate judge for John Conway and aided in getting Morales/Payne cases removed from New Mexico federal court.

Deaton was given a copy of the Buehler Swiss Radio International tape transcribed by Laszlo Baranyi.

Baranyi Crypto AG information is now linked at reference 10 at Wikipedia.

We should get matters settled before they get even worse. Which they did this morning.

When Payne was waiting for Morales in east parking lot at

APD officer arrived on a motorcycle with lights flashing just to the left of this photo at about 09:55.

The APD officer drew is pistol, aimed it at Payne's back, ordered Payne out of his vehicle, ordered Payne to turn around, and place his hands behind his neck.

The officer asked Payne if he had a gun. Payne responded negatively.

The officer [Romero?]told Payne to place his feet wide apart. The officer then searched Payne.

A second officer [Olmstad?], with gun first drawn, searched Payne's vehicle and found no gun.

We all went in to the above substation where Morales was waiting. Morales parked on west side of the station since he arrived from the west. Payne parked on the east side since he arrived from the east.

The officer in charge said that the substation has been threatened. And someone phoned to report that man in bue shirt and camo hat [an official US issued hat] had a gun.

Shall we ask for the police report on this drawn gun matter?

No gun. Digital camera, yes. From our police state point of view, everything can be mistaken for a gun.

US Marshals Halvorsen and Bowman were frightened of a digital camera to the point that they committed criminal harassment in front of a camera.

So we should get matters settled promptly.

Pacer garnishment docket as of Friday April 18, 2008 10:49.

We visited PACER to look for docket entry 88. It is not posted on PACER.

88 strikes MALDEF lawyer, not judge, Martha Vazquez threat 87.

Vazquez did not have jurisdiction.

"Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is

"...without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers." Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) ""

Martha Vazquez has been internationally labelled a crooked judge.

Now we have to show the world that in the United States crooked lawyers are imprisoned if they get caught committing crimes in writing.

But we needed visibility to reach this point in our legal project. This was purpose of filing FOIA lawsuit Civ No: 97 2266 SC AM 10:51 against the National Security Agency.

We're linking to the PACER pdf documents to show lawyers, not judges - no jurisdiction, Vazquez, Armijo and Garcia got caught committing New Mexico state crimes in writing.

Now that we're checking pdfs, we see what we have also caught clerk Matthew Dykman in pattern and practice of harassment. But Dykman is little fish.

Guilt of the accused is in the docket record.

PACER docket records
http://www.prosefights.org/nmlegal/pacergarnish/pacergarnish.htm

Detective has not returned phone call.

We need to write a brief letter to a detective - we have a phone call to him.

Keep in mind that these guys are experienced. They have learned it's best to get a message so as to give them some time to frame a response.

We are not in a rush. Keep in mind that the goal is to settle, not particularly to send some crooked lawyers to jail. No money is that.

We will reference Northern New Mexico Adhoc Committee For Honesty in Government points

2. Threats, intimidation, infliction of emotional duress, personally and via the US Mail;

3, Attempts at extortion under 'color of law'; ...

5. Denial of a Trial by Jury and Due Process of Law;

6. Total absence of "Powers of Attorney" and statutory authority for these actions;

7. Recordation of bogus liens and levy's, retaliation, persecution of, and blatant oppression against those who dare to question the legality of such 'federal' actions.

The visibility of these matters continues to escalate because of the efforts of lots of people.

EROIs (energy return on investments) viz.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement2






NAME William H Payne                                                ALBUQUERQUE POLICE DEPARTMENT
                                                                                         ALBUQUERQUE NEW MEXICO
ADDRESS 13015 Calle de Sandias NE                        DATE:
                                 Albuquerque 87111                        TIME:
DATE OF BIRTH June 11, 1937                                   CASE NUMBER:

AGE 70

SOC. SEC. NO. xxx-xx-xxxx

HOME PHONE 505-292-7037           WORK PHONE

I "William H Payne" willingly and voluntary give this statement to Officer / Detective Christian Baker who I know to be a member of the Albuquerque Police Department. I understand that I do not have to give a statement and any statement that I do give can be used in a court of law if necessary.

Lawyers John W Zavitz, Kevin Hammar, Lorenzo Garcia and Martha Vazquez alleged to have committed some or all criminal violations

1 30-3A-2. Harassment
2 30-28-1. Attempt to commit a felony
3 30-28-3. Criminal solicitation
4 30-28-2. Conspiracy
5 30-16-9. Extortion
6 Racketeering Act [30-42-1 NMSA 1978]:

for amount of at least $ with all evidence of alleged crimes in writing.

HISTORY:

Motivation for these New Mexico state crimes requires enumeration of historical development to understand what happened.
1 Aug. 6, 1991 Shahpour Bakhtiar, the last prime minister of the Shah of Iran, and his personal secretary Katibeh Fallouch were assassinated in the west Paris suburb of Suresnes.

Wikipedia posts, apparently by Persian intelligence representative, in the summer of 2007 suggest that Bakhtiar was, in fact, executed for his role in the attempted Nojeh coup.

2 March 18, 1992 Iran arrests Swiss company Crypto AG top salesman Hans Buehler for espionage in Tehran.

3 July 27, 1992 Sandia National Laboratories fires Payne.

4 December 23, 1992 plaintiff Payne files 92 cv 01452 (sealed) which is referred to Magistrate William Deaton. See docket entry 1.

5 December 31, 1992 Sandia Labs manager James Gosler submits ex parte sealed AFFIDAVIT to court. See docket entry 3.

December 6, 2006 the FBI declassifies a January 28, 1993 Wayne R Gilbert letter in which Payne is accused of releasing classified information about the National Security Agency.

6 January 4, 1993 Hans Buehler is released from the Evin prison in Tehran.

7 December 31, 1994 Buehler phones Payne from Zurich.

8 January 3, 1995 Buehler mails Payne a letter, copies of Reuters newspapers translations, book, and several other things.

9 January 5, 1005 Buehler mails Payne a copy of Swiss Radio International broadcast tape.

10 June 22, 1995 Baltimore Sun reporter Scott Shane phones Payne to ask for copies of documents and tape.

11 December 10, 1995, pp. 9-11. The Baltimore Sun, publishes No Such Agency Part Four - Rigging the Game written by Scott Shane and Tom Bowman.

12 January 22, 1996, Electronic Engineering Times, p. 84. publishes State-Sanctioned paranoia written by Loring Wirbel.

The words "DOE, Bill Payne, NSA, Crypto AG, Hans Buehler, Iranian prison, Crypto/NSA sting against that country, .." are contained in an article read by Iranian engineers.

13 February 28, 1997 Payne and Morales file FOIA lawsuit Civ No: 97 2266 SC AM 10:51 against the National Security Agency.

14 August 13, 1998 Hungarian/Swedish/German/English speaker Laszlo Baranyi requests copy of Swiss Radio International broadcast tape to transcribe tape from German audio to English text.

15 January 07, 2001 A. Zoubin ( Information Committee) of SMCCDI makes email contact to ask
Dear Friend,

we saw some of these documents http://www.geocities.com/CapitolHill/Congress/8327/buehlerpayne.html but we would like your commentary about what happened and all circumstances so we can post it on our website but as well as a report to the mailing lists.
16 May 11, 2007 Payne and Morales file motion to void judgment in New Mexico federal court in  CIVIL NO. 97-266 MCA/LFG for lack of jurisdiction for a several reasons.

17 May 16, 2007 "MOTION to Set Aside Judgment by William H Payne, Arthur R Morales. (pz) (Entered: 05/18/2007)" is finally docketed.

18 June 6, 2007 Payne and Morales file criminal complaint affidavit with in CIVIL NO. 97-266 MCA/LFG
Docket entry: 06/12/2007 85 STRICKEN from the record pursuant to 100 Order - REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) Modified docket text on 8/28/2007 (ln). (Entered: 06/12/2007) ]

since it appears from Wikipedia Nojeh post that a crime was committed by Carter administration National Security Advisor Zbigniew Brzezinski.

19 February 12, 2008 commodities investor Jim Rogers reports in interview by Paul Kedrosky "Somebody knew that Iran and Iraq were going to war" which suggests that insider trader crimes may have been committed by Carter administration members.

WRITTEN EVIDENCE OF ALLEGED CRIMES:

21 All judicial officers in the District of New Mexico were recused by former judge James A Parker:

There can be no fair hearing in New Mexico since then federal chief magistrate judge William Deaton told Payne and Assistant US Attorney Phyllis Dow at a meeting on 3/22/01 that it would be impossible to have fair hearings in New Mexico.
INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton; Rule 16 scheduling conference set for 3/22/01 at 11:00 am in Albuquerque, NM; provisional discovery plan and IPTR due 3/12/01 (cc: counsel*) [12k] [3 pages]

Therefore then federal chief judge James A Parker ordered in all five fraudulently removed New Mexico 12 person jury trial lawsuits.
1 03/27/2001 03/28/2001 42 ORDER by Chief Judge James A. Parker that this case has been reassigned to Judge William F. Downes (cc: all counsel by dm) [21k] [1 page]

2 06/12/2001 06/12/2001 16 ORDER by Chief Judge James A. Parker recusing all judicial officers of the District of New Mexico; and reassigning this case to the Hon. William F. Downes, Chief U.S. District Judge District of Wyoming (cc: all counsel*) [7k] [1 page]

3 10/25/2001 10/26/2001 6 ORDER OF RECUSAL by Chief Judge James A. Parker reassigning case to Chief Judge Dee V. Benson for the District of Utah (cc: all counsel*) [8k] [1 page]

4 03/27/2001 03/29/2001 69 ORDER by Chief Judge James A. Parker recusing all judicial officers of the District of NM and reassigning case to Chief U.S. District Judge William F. Downes of District of Wyoming (cc: all counsel) [23k] [1 page]

5 10/24/2001 10/26/2001 13 ORDER by Chief Judge James A. Parker that all judicial officers of the District of New Mexico recuse in this action, and this case is reassigned to the Honorable Dee V Benson, Chief United States District Judge for the District of Utah (cc: all counsel*) [8k] [1 page]

Conclusion is clear that "all judicial officers of the District of New Mexico" are recused for the reason stated by former chief magistrate judge William Deaton that Morales and Payne cannot get a impartial hearing in New Mexico.

From the 03/28/2008 14:12:09 docket of CIVIL NO. 97-266 MCA/LFG:

Docket entry 86 reads

06/12/2007 86 MINUTE ORDER, Judge M. Christina Armijo added. Judge Santiago E. Campos no longer assigned to case. (ln) (Entered: 06/12/2007)

Docket entry 87 reads
06/14/2007 87 ORDER of Reference by Judge Martha Vazquez (jmg) (Entered: 06/14/2007)

Docket entry 88 reads
06/15/2007 88 MINUTE ORDER STRIKING 87 Order of REFERENCE Due to case being assigned to District Judge Armijo. by Judge Martha Vazquez THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (jmg) (Entered: 06/15/2007)

A Docket entry 89 reads
06/21/2007 89 ORDER REFERRING MOTION: 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales to Chief Magistrate Judge Lorenzo F. Garcia by Judge M. Christina Armijo (jes) (Entered: 06/21/2007)

B Docket entry 90 reads
06/21/2007 90 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Lorenzo F. Garcia for discovery purposes. (ln) (Entered: 06/21/2007)

C Docket entry 92 reads

07/06/2007 92 ORDER TO SHOW CAUSE by Judge Lorenzo F. Garcia (ln) (Entered: 07/06/2007)

D Docket entry 95 reads

07/31/2007 95 REPORT AND RECOMMENDATION for Sanctions and Striking of Documents by Chief Magistrate Judge Lorenzo F. Garcia. Objections to R&R due by 8/17/2007 (clm) (Entered: 07/31/2007)

E Docket entry 96 reads

07/31/2007 96 ERRATA - Regarding Doc. 95, recommendation on page 13, Plaintiffs may file objections to the Court's Report and Recommendation pursuant to 28 U.S.C. Section 636(b)(1). (clm) (Entered: 07/31/2007)

F Docket entry 100 reads

08/27/2007 100 ORDER by Judge M. Christina Armijo Adopting Report and Recommendations, Striking Pleadings, and Imposing Sanctions 95 (jab) (Entered: 08/27/2007)

G Docket entry 102 reads

09/21/2007 102 ORDER by District Judge M. Christina Armijo striking 101 ORDER on Motion for Order. (al) (Entered: 09/21/2007)

H Docket entry 141 reads

03/05/2008 141 ORDER re: Writs of Garnishment by Judge M. Christina Armijo (jm) (Entered: 03/05/2008)

I Docket entry 142 reads

03/05/2008 142 NOTICE of Hearing on Objections to Exemptions set for 3/25/08 at 9:00 before Chief Magistrate Judge Lorenzo F. Garcia. (clm) (Entered: 03/05/2008)

J Docket entry 148 reads

03/25/2008 148 Clerk's Minutes for hearing on United States' objection to exemptions held before Judge Lorenzo F. Garcia on 3/25/2008. (Court Reporter Julie Sanchez.) (mw) (Entered: 03/25/2008)

K Docket entry 150 reads

03/27/2008 150 REPORT AND RECOMMENDATIONS by Judge Lorenzo F. Garcia that the United States' objections to Payne's and Morales' purported claims of exemption be sustained, that any purported claims of exemption be denied, and that the Court enter an order authorizing garnishment of the funds sought by the United States [See Doc. Nos. 114, 115.] Objections to R&R due by 4/15/2008.(mw) (Entered: 03/27/2008)

A through K are prima facie evidence that lawyers M Christina Armijo and Lorenzo F Garcia have violated New Mexico state law 30-3A-2. Harassment
A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

B. Whoever commits harassment is guilty of a misdemeanor.

because they do not have jurisdiction since all judicial officers in the District of New Mexico were recused by former judge James A Parker.

23 Lawyer Martha Vazquez did not have jurisdiction when she authored ORDER OF REFERENCE on June 14, 2007, Docket entry 87, which states



Lawyer Martha Vazquez is charged with violation of New Mexico

30-16-9. Extortion.

Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will.

Any of the following acts shall be sufficient to constitute a threat under this section: ...

B. a threat to accuse the person threatened, or another, of any crime;

C. a threat to expose, or impute to the person threatened, or another, any deformity or disgrace;

... Whoever commits extortion is guilty of a third degree felony.
31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.

A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows: ...

(8) for a third degree felony, three years imprisonment; ...

23 Lawyers John Zavitz, Kevin Hammar, and Lorenzo Garcia conducted hearing on March 25, 2008 09:00 [Docket entry 142].

This hearing had no lawful purpose because all New Mexico federal judicial officers were recused by former chief judge James A Parker.

Further plaintiffs were not properly served and garnishment rules were not followed.

Specifically, Sandia Laboratory Federal Credit Union [SLFCU] CEO Christopher Jillson and its lawyer Kevin Hammar did not check to see that the $11,018 garnished were exempt as required by law.

Here are instructions from the court to SLFCU:

We outline the the court's admonition to SLFCU in red which was included to ensure that SLFCU would not garnish exempt funds.



See MANDATORY JUDICIAL NOTICE 1, MANDATORY JUDICIAL NOTICE 2 for written evidence supporting statement.

Since Lorenzo Garcia lack jurisdiction plaintiffs did not attend unathorized hearing. See docket entry 148.




24 Lawyer Lorenzo Garcia with jurisdiction proceeds to



with above void document. See docket entry 150.

Above document does not conform to court rules because it is not filed stamped by court clerk.

The above ruling is also void for the reason that garnishment rules were not followed. Garcia lack the authority to make decision of seizing plantiff's money because only SLFCU has the data to verify plaintiff's saving exemption affidavit:



25 Lawyers Zavitz, Hammar, and Garcia and SLFCU CEO Christopher Jillson have committed felony violations of

A New Mexico 30-16-9.
Extortion. Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will. ...

Whoever commits extortion is guilty of a third degree felony.

for the amount of $11,018.

B 30-28-1. Attempt to commit a felony.

C 30-28-3. Criminal solicitation; penalty.

D 30-28-2. Conspiracy.

E Racketeering Act [30-42-1 NMSA 1978]

31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. ...

(8) for a third degree felony, three years imprisonment; or

(9) for a fourth degree felony, eighteen months imprisonment.

All evidence of guilt of the accused is in writing in court records seen at
http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement2.

END OF STATEMENT

THE ABOVE STATEMENT WAS GIVEN FREELY AND VOLUNTARILY BY ME. I HAVE READ THE ABOVE STATEMENT AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

WITNESS______________________ SIGNED______________

WITNESS _______________________DATE _______________



Keep in mind readers that we have crooked lawyers and NO JUDGES.

Judges are only judges so long as they have jurisdiction. Garcia and Armijo did not have jurisdiction for a variety of reasons.

So let's compose our APD criminal complaint affidavit.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement

Payne made an initial statement to APD Detective about attempt to take at least $22,036 from our Sandia Laboratory Federal Credit Union accounts without due process.

NEW MEXICO CRIMINAL AND TRAFFIC LAW MANUAL.







Thursday May 1, 2008 09:07

Detective was out chasing suspect with knife on Tuesday April 29, 2008, Morales said he was told.

Morales underwent orthoscopic surgery on his knee Wednesday April 16, 2008.

Morales statement was emailed Monday April 14, 2008 in Word format.

Only Morales's social security number has been redacted.

Docket before alterations

http://www.prosefights.org/nmlegal/nsalawsuit\pacerdocket970266.htm

Look at the "new" fraudulent docket.

Pacer garnishment docket as of Friday March 28, 2008 14:19.

Morales is no longer "TERMINATED."

Yet Morales saving account garnised for $10,036.00.



http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement1






NAME Arthur R. Morales                                                 ALBUQUERQUE POLICE DEPARTMENT
                                                                                             ALBUQUERQUE NEW MEXICO
ADDRESS: 1400 Camino Apmaro NW                             DATE:
                         Albuquerque NM 87107                            TIME:
DATE OF BIRTH : June 17, 1938                                    CASE NUMBER:

AGE 69

SOC. SEC. NO. xxx-xx-xxxx

HOME PHONE 505-323-7277           WORK PHONE

I "ARTHUR R. MORLAES" willingly and voluntary give this statement to Officer / Detective XXXXXXX who I know to be a member of the Albuquerque Police Department. I understand that I do not have to give a statement and any statement that I do give can be used in a court of law if necessary.

STATEMENT

Lawyers John W Zavitz, Kevin Hammar, and Lorenzo Garcia are alleged to have committed criminal violations of

1 30-3A-2. Harassment
2 30-28-1. Attempt to commit a felony
3 30-28-3. Criminal solicitation
4 30-28-2. Conspiracy
5 30-16-9. Extortion
6 Racketeering Act [30-42-1 NMSA 1978]:

for amount of at least $11,018 with all evidence of alleged crimes in writing.

HISTORY:

Motivation for these New Mexico state crimes requires enumeration of historical development to understand what happened:

On 2/28/1997 when William H. Payne and Arthur R. Morales filed a Freedom of Information (FOIA) lawsuit against the National Security Agency (NSA) # 97-cv-266.

Enclosed please find a letter dated 2/18/08 to Gregory J. Fouratt, United States Attorney, from Morales Re: Writ of Garnishment, with attachments. This is an example how, in February 17,1999, the courts using the application for garnishment docket entry #53 for $625 for former employee (William Payne) and Notice to Sandia National Labs (SNL) regarding garnishment docket entry #54 for former employee.



Payne was not working at Sandia National Laboratories, but since Morales was still working @ SNL the court came after Morales on 2/17/1999 took the $625 even though Morales had been terminated (see attachments to letter) and removed from the NSA case 0n 4/30/1998.

Here is a copy of the docket showing Morales TERMINATED ON 4/30/98: http://www.prosefights.org/nmlegal/nsalawsuit\pacerdocket970266.htm

Here is the "new" fraudulent docket dated 03/28/2008 14:12:09.


Judge Svet came after Morales again on 4/20/1999 with another Writ of Garnishment for $1,793.56 (see attachments to letter) but we challenged the writ, which had no legal grounds. To my knowledge, this wit was never cancelled. If Morales did not have standing in this case in the beginning, that could change now, because of what the courts have done to Morales with their writs of garnishment could certainly change that status.

Please find enclosed a letter to Chris Jillson, President; Hand carried on February 13, 2008. This was an acknowledgement to Mr. Jillson (SLFCU's President and CEO) for the help in coving my overdraft at no cost. However the point that was needed to be made in the letter, was that we believed it was SLFCU's responsibility (as stated in the court order to SLFCU) " to garnish the funds only if they were non-exempt". That was the very reason for my submittal of my affidavit to SLFCU on 2/18/08 to swear that my frozen funds were EXEMPT. To us that meant they should have made the decision since they had the proof and the law by which to use. They refused to make that decision and have caused a lot of pain and suffering to my family and me as noted through out this complaint.

Please find enclosed a letter to Ms Marsha Urioste, SLFCU Chair of the Board of Directors, from Arthur R. Morales dated March 19,2008. This was regarding the Writ of Garnishment against Arthur R. Morales. This gives a detailed account of what happened from, January 19,2008, the day SLFCU called me about the notice of garnishment and the freezing of my funds of $11,018 until March 19. It also shows the detrimental effect on my family and me. In the letter I quote that Statue NMSA 22-11-42 provides exemption status for retirement accounts. I also reported to the Board that I strongly believe that SLFCU's attorney, Hammar, could have filed with the court that Morales met the status of exemption. However, Mr. Hammar advised Mr. Jillson that he could not make that decision. ( Not included in the letter because it is new information) So by not making that decision the Morales family has continued to suffer financially and emotionally by not being able to pay debts including Federal and State Income Taxes, property taxes and in some cases hospital bills. I am scheduled for knee surgery on 4/16/08. Even though I am in pain daily I am not sure if I should have it done at this time, because of my financial hardship. APPARENTLY THE BOARD CHOSE TO LET THE ATTONEY HANDLE THE SITUATION. See enclosed letter from agjh attorneys at law (2/13/08)to Payne & Morales.Morales sending his affidavit of exemption to Sandia Laboratory Federal Credit Union (SLFCU) in hopes that they would confirm his claim with SLFCU records was unsuccessful because: Kevin Hammar never returned Morales' call even though Hammar was the only one that we could talk to about the garnishment. Hammar, however, did file Morales' affidavit to the court but w/o Morales permission and w/o SLFCU records to support Morales' affidavit. Furthermore, on 02/04/2008 Mr. Hammar mailed to me SLFCU's copy of 'INSTRUCTIONS TO THE GARNISHEE' which states ON PAGE 2, "You are further required to withhold and retain any property, including bank accounts, in which Plaintiff has a substantial non-exempt interest. A list of exemptions which are not subject to this writ is attached to this writ, entitled Claim For Exemption Form." Also enclosed was SLFCU's copy of 'WRIT OF GARNISHMENT', which states ON PAGE 2, "Under the law, there is property whish is exempt from this writ of Garnishment. Property which is exempt and which is not subject to this order is listed on the attached Claim for Exemption form whish is attached to the Clerk' Notice of Post -Judgment Garnishment and instructions to Debtor". The two underlined instructions, above, to SLFCU appear to be decisions to be made by SLFCU in order for them to be legally able to garnish or even freeze Morales' funds or not. Why would the court include a list of exemptions which is not subject to this writ .if a decision was not required in order going to the next step.

Enclosed is Morales' most recent evidence for my exempt status (some from SLFCU and some from Fidelity Retirement Fund) to enable the release of my frozen funds of $11,018. I will submit this evidence to the court and SLFCU but I am not sure it will expedite the return of my funds.

More importantly, William Payne reminded Morales that federal chief judge James A Parker recused all judicial officers in the District of New Mexico because he said, "There can be no fair hearing in New Mexico since (then), chief magistrate judge William Deaton told Payne and Assistant US Attorney Phillis Dow, at a meeting on 3/22/01, that it would be impossible to have fair hearings in New Mexico."

All the errors and mistakes, found to date, that were made by the court have been noted and made clear to the court in our submittals to the court, MANDATORY JUDICIAL NOTICE 1 and MANDATORY JUDICIAL NOTICE 2. The fact chief judge, James A. Parker, removed Payne and Morales cases out of New Mexico confirm the bold print statement above. This also legally substantiates Morales and Payne no-show at the illegal hearing on March 25,2008, Case No. CIV 97cv 266 MCA/LFG. Our final concern was to go to the illegal hearing that was to be under the complete control of the people, with power, whom are after us and have misused the law to get to us to this point.

My true belief has always been God is in control and whatever the outcome maybe it is HIS will. May God in his graciousness forgive us all for our mistakes and wrongdoing.


WRITTEN EVIDENCE OF ALLEGED CRIMES:

All evidence of guilt of the accused is in writing in court records seen at http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement1.

END OF STATEMENT
THE ABOVE STATEMENT WAS GIVEN FREELY AND VOLUNTARILY BY ME. I HAVE READ THE ABOVE STATEMENT AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

WITNESS______________________ SIGNED______________

WITNESS _______________________DATE _______________



Keep in mind readers that we have crooked lawyers and NO JUDGES.

Judges are only judges so long as they have jurisdiction. Garcia and Armijo did not have jurisdiction for a variety of reasons.

So let's compose our APD criminal complaint affidavit.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#statement

Payne made an initial statement to APD Detective about attempt to take at least $22,036 from our Sandia Laboratory Federal Credit Union accounts without due process.

NEW MEXICO CRIMINAL AND TRAFFIC LAW MANUAL.




Monday April 7, 2008 14:43

-----Original Message-----
From:
Sent: Sunday, April 06, 2008 10:33 PM
To:
Subject: petition/cover letter

Ad-Hockers;

My sincerest thanks to you and to your friends and relatives who signed the 'petition'. I will be hand-delivering it to Sheriff Solano tomorrow, as well as to the Governor and Secretary of State, for starters.

Attached is my 'cover letter' which will be notarized in order to 'authenticate' faxed/copied signatures etc. I also have to cut and paste (in the real world) signatures which were done on the same pages...on 'page 5' for example.

I also have to paste in a PAPER-strip saying that some folks "withdrew" their signature out of fear of retaliation. This is a very real fear, as you all know, and a very powerful statement as well. Fascism is scary!

I will get the petition, cover letter, and signatures saved in PDF format soon, and will then be able to send to news outlets etc. I will send you all copies in PDF as soon as I can get it formatted in PDF.

I also apologize... I know this was very short notice for all of you, but we did great! Less than one week after Solano's article appeared, we got it to him! Wow.

If you can, keep the petition going. We can add to it over time.

Wish us luck, and thanks again.

WE SHALL OVERCOME


-----Original Message-----
From: xxxxxxxxx
Sent: Sunday, April 06, 2008 10:11 AM
Subject: Petition will be turned in tomorrow

Folks;

Please fax me any signatures you have... to 505-747-0993.

Please tell folks that if they are worried about retaliation...SAY SO ON THE FORM.

A typical "scared of the US Govt" entry might read "Cannot sign for fear of US Govt retaliation"... then initial.

Thanks, this is the opportunity we have been waiting for, handed to us on a silver platter.

The Sheriff might actually read it!

Copies will be sent to the Gov, Secy of State, etc., etc., and put into pdf format for submission to other agencies/officials/news media.

Other than on submissions to the gov and various Sheriffs Depts, phone numbers will be 'blacked-out'.

Thanks.

xxxxxxx




Sunday April 6, 2008 07:26

-----Original Message-----
From: xxx
Sent: Thursday, April 03, 2008 8:59 PM
To: bill payne

Attachment: Wyoming sheriffs put feds in their place

We received a 1.5 hour phone call from a member of Center for Family Justice on Thursday February 28, 2008

We learned that judge Martha Vazquez and magistrate judge Lorenzo Garcia, but not M Christina Armijo, are on a tentative list of 1,000 individuals who may be members of Mexican American Legal Defense and Education Fund [MALDEF].

M Christina Armijo is a MALDEF judge, we were told because the list we first saw was old.

Principal gave us a reference to EyeOnAlbuquerque.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#honesty

Northern New Mexico Adhoc Committee
For Honesty in Government

An Open Letter To;

All NM County Sheriffs;

All State and Federal Representatives and Elected Officials

NM State Attorney General

Various News Media All Concerned NM State Citizens;

It was with great interest that we read Santa Fe County Sheriff Greg Solano's front page comments in the April 1, 2008 issue of the Albuquerque Journal North's article 1 in which he described various Federal Officials' actions as … "The federal government…blew through the City Police Department like a tornado, left the city to pick up the pieces, and walked away." Sheriff Solano goes on to describe how these federal "actions" caused an increase in burglaries and an 80 percent drop in drug trafficing arrests in his County.2

It may come as a surprise to the various Sheriff's Departments and other New Mexico State "law enforcement" personnel/organizations that, according the constitutions of both New Mexico and the United States of America, "federal jurisdiction" is extremely limited within the physical boundaries of any of the 50 States of the Union.

According to Article 1, Section 8, Clause 17 of that antiquated, quaint, and nearly obsolete document known as the United States Constitution, federal jurisdiction is strictly limited to those areas within a State of the Union that have been formally 'ceded' to [and

1 Front Page of "Journal North Edition" article entitled "Sheriff Calls for Answers on Probe."
2 It was also interesting to note that all charges relating to this federal investigation/assault on the Santa Fe Police dept./personnel have been dropped (without prejudice) for lack of sufficient prosecutorial evidence.

accepted by] the federal government, and which 'cession' has been consented to by the State legislature and signed off on by the Governor of that State.

A recent comprehensive study 3 conducted in Santa Fe County, and recorded as an Affidavit in the records of Santa Fe County as "Instrument #1491433" reveals that, under the Constitutions of the USA and New Mexico 4 [and legally authorized by the required formal 'cession' and consent of the NM State legislature] the federal government has only been granted "concurrent legislative jurisdiction" on the grounds of the National Cemetery and upon the lands encompassing the Main Post Office/Federal Courthouse! PERIOD! A similar document for Bernalillo County has been filed in that County as "Document # 2007134138."

"A nation of sheep will beget a government of wolves."
-Edward R. Murrow

It may also come as a surprise to the various Sheriff's Departments and other New Mexico State "law enforcement" personnel/organizations that similar federal "tornado" operations against the Citizens of this Great State have been occurring on a regular basis for years… under the noses of those same "law enforcement" personnel who have sworn to "protect and defend" those antiquated State and Federal constitutions, and who have sworn to protect and defend the people within their respective jurisdictions against such abuses. A cursory investigation of these "tornado" federal operations against the Citizenry of this State would reveal numerous instances of….

1, Theft; of lands, homes, vehicles, and compensation for personal services,

2. Threats, intimidation, infliction of emotional duress, personally and via the US Mail;

3, Attempts at extortion under 'color of law';

3 This study is based on a similar 'federal' study undertaken in 1956 nad 1957 entitled "Report of the Interdepartmental Committeee for the Study of Jurisdiction Over Federal Areas Within the States, Part 1 and Part 2 (codified as 40 USC 3111 and 3112) and now known as "The Eisenhower Report".
4 See also New Mexico Statutes Annotated (NMSA) 1978 (ARTICLE 2;United States Lands;) 19-2-2; Jurisdiction:transfer procedure.

4. Impersonation of federal officers/employees.

5. Denial of a Trial by Jury and Due Process of Law;

6. Total absence of "Powers of Attorney" and statutory authority for these actions;

7. Recordation of bogus liens and levy's, retaliation, persecution of, and blatant oppression against those who dare to question the legality of such 'federal' actions.

…to name only a few criminal offenses personally experienced by various members of this small committee alone. As word of our endeavors to expose these injustices becomes widespread, we are certain thousands more will attest to these ongoing atrocities. For, "Sunshine is the best disinfectant."

These criminal actions against the People have resulted in the ruination of families, businesses, and lives, with people becoming ill from the stress related consequences of having to deal with these injustices. Throughout the nation, suicides and "maramus" (wishing and hoping for death) have been reported as a result of similar "tornado" actions and incessant harassment by federal "officials".

It may also come as a surprise to the various Sheriff's Departments and other New Mexico State "law enforcement" personnel/organizations that the sheriff is the HIGHEST law enforcement official in any county! For example, in Bighorn County Wyoming, after becoming weary of similar "tornado" operations in his county, Sheriff Dave Mattis has forbidden ANY federal agents from entering his county without his permission. (Go to "google.com" and enter Sheriff Dave Mattis). Before any federal activity can take place in his county, Sheriff Mattis requires that all federal agents submit to him details of any proposed 'federal' action for his "case by case" review.

These "tornado" operations carried out against the Citizens of this Great State are orchestrated by a collaboration of the US DOJ, the ICE, the IRS, and the US Marshall's Service (to name only a few federal agencies) with the blessing of the US Federal Court System.

In Conclusion;

The federal government is engaged in terrorizing sovereign NM Citizens on a daily basis.

THIS HAS GOT TO STOP NOW.

WHEREFORE;

a. WE RESPECTFULLY REQUEST

a meeting with our respective Sheriffs in our respective County(s) to discuss these federal "tornado" operations, AND;

b. WE DEMAND;

1. A State Attorney General's Office investigation into these unlawful federal activities taking place in our respective County(s).

2. That our respective Sheriff Departments immediately begin to protect its' Citizens from these ongoing and unchecked federal abuses. 3. That a State Grand Jury be convened as soon as possible for eventual criminal prosecutions of federal agents involved in these terror-inducing "tornado" operations against the Citizenry of this State.

Signed;


_____________________ _____________________ ____________________
Signature Printed Name Phone
_____________________ _____________________ ____________________
Signature Printed Name Phone

....



-----Original Message-----
From: Baker, Christian [mailto:cbaker@cabq.gov]
Sent: Sunday, May 04, 2008 4:24 PM
To: bill payne
Subject: RE: Final CCafidavit

Dear Mr. Payne,

The attachment you have sent was in regards with citizens filing complaints against APD officers, not criminal complaints against citizens. For example, if someone felt that an officer was rude to them, or violated our Standard Operating Procedures then the attachment you sent would apply.

Best Regards,


Christian D. Baker
Northeast Impact Detective
8201 Osuna Rd. NE
Albuquerque, NM 87109
(505) 796-1938

-----Original Message-----
From: bill payne [mailto:bpayne37@comcast.net]
Sent: Fri 5/2/2008 9:40 AM
To: Baker, Christian
Cc: Amorales58@Comcast.Net
Subject: FW: Final CCafidavit

Detective Baker:

Morales sent his new statement to me last night which I now forward to you.

He said this morning that he is trying to contact you to deliver and sign it.

Morales he made copies of written evidence of guilt of accused to give to you.

We're concerned about the investigative procedure you outlined on Thursday May 1, 2008.

We believe that this the correct APD investigation procedure. Steps in Filing a Citizen Complaint

Citizens are encouraged to bring any question or concern about procedures to the attention of the Police Department, at any listed location. An attempt to formally address your concerns will be made by the employee's supervisor. Complaints may be made informally through the employee's chain of command or formally. The steps for filing a formal written complaint are as follows:

A citizen wishing to file a formal complaint should complete a written complaint form. These forms may be obtained at any substation or at the Internal Affairs Unit (400 Marquette NW, Old City Hall 1st floor). A Citizen Police Complaint (CPC) number will be assigned to each complaint. In most cases, a copy of the written complaint will be sent to the individual against whom the complaint was filed within seven working days.

If a complaint warrants further investigation, the Independent Review Officer will assign the case to the Internal Affairs Unit or to an outside investigator. Once the investigation is complete the Independent Review Officer, Chief of Police or his designate shall review all findings and determine the appropriate action to be taken. Most investigations and findings are completed within 60 days after the complaint has been filed. However, the Chief of Police may request a 30 extension from the Public Safety Director if the case requires additional attention.

Citizens filing complaints will receive a written notice of the disposition through certified mail. This notification will inform citizens of their right to appeal the decision to the Police Oversight Commission (POC).Any questions you have concerning the complaint process may be directed to the Internal Affairs Unit at 768-2880.

Citizens must be aware of the city ordinance which governs false reports and states that it is unlawful for any person to intentionally make or file with any law enforcement agency any false, misleading, or unfounded report or statement.

We expect that this procedure will be followed.

Morales appears to be under extreme stress for a variety of reasons.

While he attempts to attribute this to the Nojeh/NSA lawsuit, my observation is that he has moved 3 times [in fourth home] in the past several years.

Expenses and physical stress associated with these moves may be more correctly attributed to Morales apparent stress.

Prompt peaceful settlement of these unfortunate matters, we believe, should be the goal of everyone.

bill payne

-----Original Message-----
From: amorales58@comcast.net [mailto:amorales58@comcast.net]
Sent: Thursday, May 01, 2008 7:04 PM
To: bill payne
Subject: Final CCafidavit




Thursday July 3, 2008 07:10

We must be careful on how we handle detective Christian Baker's complaints so as not invoke retaliation from APD.

Charges against Foley were dismissed it was reported on TV on Wednesday July 2, 2008.




from PAGE Al

unwilling to proceed with the charges in court, a lack of probable cause or proper reports were not filed. Thirty percent of the dismissals were due to a plea agreement in which the defendant plead ed guilty to other charges.

"This law they are arresting people under is unconstitutional," said Albuquerque attorney Ray Twohig. "Police in Albuquerque think they can give whatever order they want. You have constitutional violations happening in Albuquerque wholesale."

The city ordinance that gives police the authority to arrest someone, who disobeys them was adopted in 1973, a year before the city charter was written. Part of the ordinance says a person can be charged if he or she refuses to obey or comply with any lawful process or order given by a police officer. Anyone Found guilty could be sentenced to up to 90 days in jail.

Albuquerque Police Chief Ray Schultz said the ordiiance is needed because ,fficers face situations when hey have no choice but to irrest someone to avoid riolence.

For example, police might espond to a domestic vioence call in which both sides ire arguing, and the sitnaion will likely escalate. Offiers will ask one side of the [ispute to leave in order to void violence. If they don't, hey get arrested.

Many of these cases get dismissed.

Overlapping laws

Defense attorneys like Twohig question why the ordinance is needed since New Mexico already has a law called "resisting, evading or obstructing an officer."

Twohig said the city ordinance gives police too much authority and is much more broad than state law, which does not include the word "obey."

"Police in Albuquerque have more power than officers in any other jurisdiction in the state," said Twohigj, who last year represented a Roswell city councilwoman who successfully fought her arrest under the state's version of the law. "You have a whole lot of people being arrested in Albuquerque for 'contempt of cop,' and it seems to me this law encourages it."

Schultz acknowledged that sometimes it is questionable whether the order is lawful, but, he said, that's what the courts are for.

"The courts recognize it's a tool that law enforcement has to use to separate parties orto get someone to do something they don't want to do," Schultz said. "Without that tool, it would ratchet it up to the next level, and it is going to result in physical violence or a serious crime as a result of the parties not being separated."

The ordinance does not explain what a "lawful order" is. According to legal experts, it's a "gray area." Retired Judge Woody Smith said that when he was on the District Court bench, he judged each case individu ally and always looked for whether someone's constitutional rights were violated by the order.

"You can't define what a lawful order is," said Smith, also a former prosecutor, Metropolitan Court judge and public defender. "It depends on the circumstances. Police have a lot of discretion, and lot of times it is determined after all of the facts are known."

Smith noted that he felt the law at times was "overused" and certain police officers tended to use it more than others.

Schultz said most of the arrests are coupled with other charges. In the rare circumstances in which someone is only charged with refusing to obey, those arrests are closely scrutinized by supervisors who review the arresting officer's report and criminal complaint to make sure there is enough probable cause.

"A clear majority of the cases had the person just left the area and done what they were being asked, they wouldn't have been arrested," Schultz said. "These charges are the result of someone saying 'No,I don't want to, I don't have to.'

"The officer just can't leave - then the calling party would be upset at us for not intervening. This charge is used as a last resort. Wher the officer has no other option."

TV photographer

The law was spotlighted last month when KOB-TV cameraman Rick Foley was arrested for refusing to obey an officer.

Foley was covering a police standoff May 29 near Copper and Charleston NE when rookie officer Daniel Guzman told Foley to move to a different location, according to a police report.

Foley at the time was some distance from the police cars blocking the street and was outside an area that had been blocked by officers.

Shortly after Guzman told Foley he needed to move, the two exchanged more words and Foley asked Guzman to provide his name and badge number.

A video captured by Foley's camera shows the offirer lunging at Foley. Foley was handcuffed, placed in the back of a police car and cited.

An investigation into Guzman's conduct is under way, while criminal charges apinst Foley are pending.

Since then, Schultz has acknowledged that "mistakes" were made and has drafted a new policy on how to deal with onlookers. Guzman, meanwhile, has been paired with a veteran officer until the investigation is complete.

Recent cases

After Foley's arrest, the Journal examined 36 recent arrests in which the defendant was charged only with "refusing to obey" an officer under the city ordinance.

Some of those arrests include:

· Nestor Pons Ocana, 47, was arrested May 4 after he interrupted an Albuquerque police officer. According to court records, Ocana was a passenger in a car that was stopped for a noise violation. The officer was citing the driver for the violation when Ocana told the driver not to sign the citation because the officer's action was "racist." The officer noted that he told Ocana to be quiet, but Ocana continued to yell, preventing the officer from hearing the driver. Charges against Ocana were dismissed due to a "lack of probable cause."

· Raymond Medina, 37, was arrested Dec. 29 because he refused to end a party at his apartment. Officers had responded to a noise complaint. When they arrived, police told Medina that he had to end the party. Medina said he would "keep it down," but officers insisted the party was over and his guests had to leave.

Medina refused, saying he didn't want his guests to get DWIs. An officer then stuck his foot in front of Medina's door, preventing him from closing it, and took him into custody. Charges against Medina were dismissed due to a lack of prosecution. Medina was never charged with violating the ciiy's noise ordinance. Even if he had been, city attorneys acknowledge, officers can't force everyone to leave.

· Antonio Serna, 39, was arrested Dec. 4 when he liiitially refused to let police into his house. The officers did not have a warrant. According to court records, officers were looking for Serna's son in connection with a child abuse case. They went to Serna's home looking for him. Serna told officers his son was not home. When officers insisted on searching Serna's house, Serna responded that they needed a warrant and tried to shut the door. The officers said Serna was "preventing the possibility of further investigation." The officers peeked in, saw his son and arrested both of them. Refusing to obey charges against Serna were dismissed because officers failed to file a report.

Peter Simonson, New Mexico director of the American Civil Liberties Union, said his organization has received several complaints from people arrested under the city ordinance. The ACLU has successfully represented clients charged under the ordinance.

He said he doesn't think the law is unconstitutional, just APD's interpretation of it.

Simonson said he takes issue with Schultz's theory of letting the courts sort things out.

"It shouldn't have to get to that point," Simonson said. "It is up to the police to properly enforce a law like this and not rely on the court to correct their errors. People should not have to go to court .to prove they were not violating the law."

Robert Saavedra decided not to prove his innocence.

Saavedra and his friend were Downtown on Dec. f 21 when someone shot his friend's truck.

They waited for several hours while police investigated. After awhile, Saavedra and his friend thought the investigation was over, so they started to get in the truck to leave, Saavedra said.

Officers got upset and took Saavedra's friend into custody for refusing to obey, he said. Saavedra, who was not in the truck, called his friend's brother to tell him what was going on when officers told him to leave the scene and to get off the cell phone.

Officers said in a criminal complaint that Saavedra took one step back, but proceeded to make a phone call and refused to move back on the sidewalk. Saavedra was then arrested and taken to jail with his friend.

Saavedra decided not to fight the charges. He said he didn't have enough money to hire an attorney. Instead, he said the officer told him that if he paid some fines and agreed to stay out of trouble, his case wonld be dismissed.

According to metro court records, that occurred in 16 percent of the cases in 2007.

"I didn't back-talk him. I wasn't mean. I just tried to explain that I was on the phone with my buddy's brother so he could bond him out," Saavedra said. "They didn't want to listen. They just wanted to take someone to jail that night."

In Saavedra's criminal complaint, the arresting officers maintained that Saavedra refused to leave the area despite being told several times to do so.

Similar laws exist through. out the country.

But overtime, some jurisdictions have eliminated the; laws because homeless advocates have challenged their use, said William Walsh, a former New York City police' officer and director of the Southern Police Institute in Louisville, Ky. Walsh said a similar law was in place when he was a police officer in New York City in the 1960s.

He said that officers mainly used the law when they needed to arrest someone involved in a riot, and he cau. tioned against getting rid of such laws.

"Police officers get called to disputes, and they are expected to settle them. They can't walk away," Walsh said. "The only tools they have is their own persuasion, their use of force and the law."

Albuquerque Journal Sunday June 29, 2008

Scott Shane is involved in these unfortunate matters.

Note punch line in last sentence of article.




Austin American-Statesman Sunday July 13, 2008
Published: July 18, 2008

VIENNA, Austria: A senior U.S. envoy will sit eye-to-eye for the first time with a top Iranian nuclear negotiator Saturday, a sharp reversal in U.S. policy that aims to entice Tehran into ending activities that could be used to make atomic arms. ...

Uranium enrichment can produce both reactor fuel and the fissile core of nuclear warheads.

Posted on Wednesday, July 16, 2008, 12:00AM

Over a 12-month period, the nation's banks garnished more than $170 million in federal benefits such as Social Security and disability payments on behalf of creditors, even though federal law specifically prohibits the practice, according to a new report by the Inspector General of the Social Security Administration (SSA).
Sunday July 27, 2008 18:49

Let's discuss visibility aka viz.
Contact all the papers, letters to the editor, call the investigative reporters.

This may not work. But this is true

These bottom feeders hate visibility.
Q What's the difference between a lawyer and a carp?
A One is a slimy, bottom-feeding, mud-sucking scavenger. The other is a fish.

Cheers


From: Robert Carman [mailto:rocar14@hotmail.com]
Sent: Sunday, July 27, 2008 12:38 PM
To: john s Williamson; payne, bill
Subject: RE: Hearing

The one thing I can think of right away is VISIBILITY. Contact everyone you know to be there with you.

These bottom feeders hate visibility, and you have about 1 month to get this case out in the open.

Contact all the papers, letters to the editor, call the investigative reporters. Contact Truthattack.org, and let them know of the hearing. The 'underground' papers can have alot of influence.

Tell them your story. Talk to Bill Payne, he has some info on visibility. I have sent him a copy of your email, and his address is at the top of this email.

I would suggest you hire an attorney to be with you at the hearing. Most atty's are scared of IRIS.

#1 issue; statutes conferring jurisdiction must be STRICTLY construed... USA has no statute backing it up.

This is all I got for now, and I know we will be in your shoes eventually, so you can be assured that I will continue to consider other options in the meantime.

Bob Carman

Monday August 11, 2008 09:11

Deaton is now involved in attempting to cover-up felony extortion for the amounts of $22,036 with all evidence of his guilt in writing.

http://www.prosefights.org/nmlegal/apdstatement/apdstatement.htm#policecomplaints


City Cops' Behavior Improving

Fewer Complaints Filed Against APD Officers

Copyright © 2008 Albuquerque Journal

By T.J. Wilham
Journal Staff Writer

Police officers are doing a better job of minding their manners, and residents are getting smarter about filing complaints against the cops, Albuquerque police officials say.

Data compiled by the Journal, show that complaints filed with the city's independent review officer in the first half of 2008 have fallen 21 percent when compared with the same time period last year.

But the number of sustained complaints -those which the independent review officer felt had merit - appears to be increasing.

Residents filed 149 complaints in the first half of 2007, compared with 119 complaints in the first half of this year.

Through June,. the review officer has ruled that 28 complaints had merit. For the entire 2007 calendar year, he found that 40 cases had merit. The city did not have the number of sustained cases in 2007 available by quarter.

"I am satisfied to see that the number of complaints has gone down, but I would like to see it much lower," Police Chief Ray Schultz said. "When you see a higher percentage of complaints being sustained, that is telling us the community is understanding the process. "They know when an officer has done something wrong."

Every four months, the review officer issues a report of all of complaints, keeping track of how many are filed, their basis and what parts of the city they originate.

According to complaints filed this year: An officer was using his cell phone while driving; a resident didn't like the way an officer wrote an accident report; an officer barged through a door looking for a boyfriend who was wanted; and an officer "took sides" during a domestic dispute.

Several residents complained that an officer was rude or cursed at them.

"I read every complaint that comes through here, and, a lot of times, it is rudeness," said William Deaton, the city's independent review officer. "I would like to be able to say these numbers are indicative of something. I can't see it. There are too many variables involved."

Schultz said most complaints filed against officers could be avoided if the officers were simply more polite or explained themselves better.

As a result, Schultz is implementing a customer service program for his officers.

The chief said he has been in discussions with Quality New Mexico, a nonprofit organization dedicated to increasing the quality of business in the state, to conduct customer service training for officers.

He has also invited Deaton to speak to supervisors about complaints that could be avoided and is considering having him talk to new cadets.

"A lot of this is explaining what we are doing and why we are doing it," Schultz said. "We are seeing less complaints where the officer had a bad attitude. But, we want to get better.

"We are striving to change. There is a lot we can learn from the business community, and we hope to do so."

Schultz pointed out that the number of Internal Affairs cases has increased. These cases are initiated by police supervisors rather than residents.

Last year, 351 internal affairs cases were initiated. In 2006, there were 338 cases.

But the number of these cases that were found to have merit went down.

Last year, Schultz sustained 57 percent of the IA cases compared with 78 percent in 2006. "That tells us that we are doing a good job and policing ourselves,"Shultz said.

Albuquerque Journal Monday August 11, 2008

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