Sunday August 27, 2006 14:42
http://www.prosefights.org/nmlegal/madrid1/madrid.htm#madrid
Certified return
receipt mail and email
patricia.madrid@ago.state.nm.us
madrid@madridforcongress.com
Patricia A Madrid
New Mexico Attorney General
P.O.
Drawer 1508
Santa Fe, NM 87504-1508
Dear attorney general Madrid:
Second judicial district attorney Kari Brandenburg was sent both by email and certified mail,
return receipt requested several prima facie [all evidence of felony criminal
guilt of accused in writing] criminal complaints on Tuesday May 23,
2006.
Return receipt green card shows that Brandenburg's office
received complaints on May 24, 2006.
Brandenburg was asked to respond by June 7, 2006.
We received no response from Brandenburg as of Sunday
August 27, 2006.
We wrote Metropolitan chief judge Judith Nakamura both by email
and certified, return receipt requested, mail concerning failure to process
misdemeanor criminal complaints properly on March 24, 2006.
Nakamura's office received our certified letter on March 27,
2006.
We asked for a response from Nakamura by April 7,
2006.
We received no response from Nakamura as of Sunday August
27, 2006.
Neither Nakamura or Brandenburg wrote us to tell us that
there was something wrong with our criminal complaints.
Nonresponse appears to be Nakamura's and Brandenburg's way
of not doing their jobs and thus apparently ignoring their oath of
office.
We ask that you complete the enclose questionnaire by
September 15, 2006 so as to not ignore your oath of office.
Questionnaire response is required for the reason that
you are a lawyer.
Lawyers, we have found in our 14 year legal project,
are notorious in evasion of facts.
Verified responses to TRUE and FALSE
questionnaire leaves little room for attempted lawyer evasion.
We ask
that you direct second judicial district district attorney Kari Brandenburg to
serve the summons directed to the
parties identified in our May 23, 2006 letter or tell us
why are complaints are invalid.
We ask that you send us a copy of
your letter to Brandenburg by September 15, 2005.
We continue to believe that settlement of these unfortunate
matters is best and
enlist your settlement help.
Sincerely
Arthur R. Morales
465 Washington St SE
Albuquerque,
NM 87108
505-323-7277
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
Distribution
Richard Bosson
Chief judge
Supreme Court of New
Mexico
PO Box 858
Santa Fe, New Mexico 87504-4860
richard.bosson@supremecourt.nm.org and certified mail return receipt
requested
jnakamura@metrocourt.state.nm.us
Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov
Verified New Mexico and Federal
Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire
and Responses
of
New Mexico attorney general Patricia A
Madrid 1
Seventh Amendment to the US Constitution states?
U.S. Constitution: Seventh Amendment
In
Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
Response.
TRUE
FALSE
2 New Mexico
Constitution ARTICLE II Bill of Rights states?
Section 1. [Supreme law of the land.] The state of
New Mexico is an inseparable part of the federal union, and the constitution of
the United States is the supreme law of the land
Response.
TRUE
FALSE
3 New Mexico
Constitution ARTICLE II Bill of Rights states?
Sec. 12. [Trial by jury; less than unanimous
verdicts in civil cases.]
The right of trial by jury as it has
heretofore existed shall be secured to all and remain inviolate. In all cases
triable in courts inferior to the district court the jury may consist of six.
The legislature may provide that verdicts in civil cases may be rendered by
less than a unanimous vote of the jury.
Response.
TRUE
FALSE 4
No. CV 2001 07994 is a paid for 12 person jury trial.
Response.
TRUE
FALSE 5
No. CV 2002 3425 is a paid for 12 person jury trial.
Response.
TRUE
FALSE
Response.
TRUE
FALSE 7 Are United
States state courts bound by abide by paid for trial by jury guaranteed by new
Mexico and US Constitutions?
Response.
TRUE
FALSE 8
A New Mexico state judge cannot dismiss a paid for trial by
jury lawsuit guaranteed inviolate by federal and state constitutions?
1-041. Dismissal of actions.
A. Voluntary
dismissal; effect thereof.
(1) Subject to the provisions of Paragraph E of Rule
1-023 and of any statute, an action may be dismissed by the plaintiff without
order of the court:
(a) by filing a notice of dismissal at any time before
service by the adverse party of an answer or other responsive pleading; or
(b) by filing a stipulation of dismissal signed by all
parties who have appeared generally in the action. Unless otherwise stated in
the notice of dismissal or stipulation, the dismissal is without prejudice,
except that a notice of dismissal operates as an adjudication upon the merits
when filed by a plaintiff who has once dismissed an action based on or
including the same claim.
(2) Except as provided in Subparagraph (1) of this
paragraph, an action shall not be dismissed on motion of the plaintiff except
upon order of the court and upon such terms and conditions as the court deems
proper. If a counterclaim, cross-claim or third-party claim has been filed by a
party prior to the service upon such party of the plaintiff's motion to
dismiss, the action shall not be dismissed against the party's objection unless
the counterclaim, cross-claim or third-party claim can remain pending for
independent adjudication by the court. Unless otherwise specified in the order,
a dismissal under this paragraph is without prejudice.
B. Involuntary dismissal; effect thereof. For failure of
the plaintiff to prosecute or to comply with these rules or any order of court,
a defendant may move for dismissal of an action or of any claim against the
defendant. After the plaintiff, in an action tried by the court without a jury,
has completed the presentation of evidence, the defendant, without waiving the
right to offer evidence in the event the motion is not granted, may move for a
dismissal on the ground that upon the q facts and the law the plaintiff has
shown no right to relief. The court as trier of the facts may then determine
them and render judgment against the plaintiff or may decline to render any
judgment until the close of all the evidence. If the court renders judgment on
the merits against the plaintiff, the court shall make findings as provided in
Rule 1-052.
Unless the court in its order for dismissal otherwise
specifies, a dismissal under this paragraph and any dismissal not provided for
in this rule, other than a dismissal for lack of jurisdiction, for improper
venue, or for failure to join a party under Rule 1-019, operates as an
adjudication upon the merits.
C. Dismissal of counterclaim, cross-claim or third-party
claim. The provisions of this rule apply to the dismissal of any counterclaim,
cross-claim or third-party claim. A voluntary dismissal by the claimant alone
pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a
responsive pleading is served, or if there is none, before the introduction of
evidence at the trial or hearing.
D. Costs of previously dismissed action. If a plaintiff
who has once dismissed an action in any court commences an action based upon or
including the same claim against the same defendant, the court may make such
order for the payment of costs of the action previously dismissed as it may
deem proper and may stay the proceedings in the action until the plaintiff has
complied with the order.
E. Dismissal of action with and without prejudice.
(1) Any party may move to dismiss the action,
or any counterclaim, cross-claim or third-party claim with prejudice if the
party asserting the claim has failed to take any significant action to bring
such claim to trial or other final disposition within two (2) years from the
filing of such action or claim. An action or claim shall not be dismissed if
the party opposing the motion is in compliance with an order entered pursuant
to Rule 1-016 or with any written stipulation approved by the court.
(2) Unless a pretrial scheduling order has been
entered pursuant to Rule 1-016, the court on its own motion or upon the motion
of a party may dismiss without prejudice the action or any counterclaim,
cross-claim or third party claim if the party filing the action or asserting
the claim has failed to take any significant action in connection with the
action or claim within the previous one hundred and eighty (180) days. A copy
of the order of dismissal shall be forthwith mailed by the court to all parties
of record in the case. Within thirty (30) days after service of the order of
dismissal, any party may move for reinstatement of the case. Upon good cause
shown, q the court shall reinstate the case and shall enter a pretrial
scheduling order pursuant to Rule 1- 016. At least twice during each calendar
year, the court shall review all actions governed by this paragraph.
(3) The filing of a motion for dismissal pursuant to
this rule shall not be taken to be an entry of appearance in said action or
proceeding. F. Applicability. This rule shall apply to
all civil cases filed in the district court, including civil cases appealed
from the metropolitan or magistrate courts. This rule shall not apply to:
(1) guardianship, receivership, trusteeship or
conservatorship cases;
(2) proceedings commenced pursuant to the Mental
Health and Developmental Disabilities Code;
(3) proceedings commenced
pursuant to the provisions of the Probate Code; or
(4) proceedings
commenced pursuant to the Children's Code.
[As amended, effective January 1, 1990.]
Response.
TRUE
FALSE 9 The
Tenth Amendment to the US Constitution states?
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
Response.
TRUE
FALSE 10 The
Tenth Amendment to the US Constitution gives the
constitution right for a citizens to represent themselves pro se in a US
court?
Response.
TRUE
FALSE 12 Citizens
have a Tenth Amendment constitutional right to represent themselves in a
demanded jury trail guaranteed inviolate by the Seventh Amendment to the
Constitution and New Mexico?
Response.
TRUE
FALSE 13
If a judge rules without jurisdiction is the appropriate
remedy
A appeal judge's ruling.
B
seek writ to void ruling?
Response.
A
B 14
Does New Mexico have a way to void a ruling made without
jurisdiction?
Response.
TRUE
FALSE 15 Are New
Mexico elected and appointed officials required to sign an Oath of Officer?
Section 1. [Oath of officer.] Every person elected
or appointed to any office shall, before entering upon his duties, take and
subscribe to an oath or affirmation that he will support the constitution of
the United States and the constitution and laws of this state, and that he will
faithfully and impartially discharge the duties of his office to the best of
his ability.
Response.
TRUE
FALSE
17
Verification
Under penalty of perjury as provided by law, the
undersigned certifies that material factual statements set forth in this
pleading are true and correct, except as to any matters therein stated to be
information and belief of such matters the undersigned certifies as aforesaid
that the undersigned verily believes the same to be true.
Notary Public
______________________________________
I declare under penalty of perjury that the
foregoing is true and correct.
Executed on ___________.
Patricia A Madrid
_____________________
Payne got an email from Heather Wilson on Thursday
September 21, 2006 and responded.
----- Original Message -----
From: "Representative
Heather Wilson"
To:
Sent: Thursday, September 21, 2006 10:28 AM
Subject: A reply from Heather Wilson
Thank you for
contacting me. I appreciate hearing from you.
If you did not include
your name and New Mexico address in your e-mail,
please re-send it with
your name and New Mexico address in the body of the
message. Our resources
are limited and we can only afford to respond to
New Mexicans.
Some letters we can answer quickly by e-mail. Others take more research
time and you will receive a response by regular mail or e-mail. I try to
answer all my e-mail and mail in two weeks or less.
Please continue
to visit our website at http://www.wilson.house.gov for
information about
Congress and how it affects New Mexico. You can also
sign up for the
e-newsletter on our website. We will protect your privacy
by not sharing
your e-mail address with anyone. If you choose to
unsubscribe, you can do
so at any time by e-mailing me.
Warm Regards,
Heather
No ack from Fleisher as of 15:51.
Here's the
last portion of the call Payne got from Fleisher.
Payne did not give Fleisher his number but
he found it somewhere.
Albuquerque mayor Martin Chavez sent Payne
an email concerning New Mexico attorney general and congressional candidate
Patricia Madrid.
Morales phoned approval and directed that Madrid be added
to distribution.
Fleisher just phone Payne to ask when the email is
coming! Payne recorded the last part of the conversation!!!
Sent
10:17.
Friday September 22, 2006
10:03
mfleisher@aol.com
Mr Fleisher
You spoke with
Bill Payne on Friday September 22, 2006.
New Mexico Attorney
General Patricia Madrid was contacted both by email and certified mail and
asked to complete
this questionnaire by September 15,
2006.
We did not receive a response from Attorney General
Madrid.
We ask that you approach Attorney General Madrid
to explain that her failure to respond to our questionnaire cast serious doubt
on her bid to become a US congressperson.
Non-response creates the
impression that Attorney General Madrid is violating her oath of office, along
with DA Kari Brandenburg, to protect New Mexico criminals.
We ask that
you see to it that Attorney General Madrid returns a verified copy of our
questionnaire by Wednesday September 27, 2006.
Any help you and
Mayor Chavez can give to
get these unfortunate matters settled would be greatly
appreciated.
Please send an ack if you get this
email.
Sincerely
Arthur R. Morales
amorales58@comcast.net
505-323-7277
William H. Payne
bpayne37@comcast.net
505-292-7037
Distribution
kbrandenburg@da2nd.state.nm.us
martinchavez@cabq.gov
madrid@madridforcongress.com
patricia.madrid@ago.state.nm.us |
----- Original Message -----
From: Mayor Martin
Chavez
To: bpayne37@comcast.net
Sent: Wednesday, September 20, 2006
9:13 AM
Subject: Paul Rodriguez in ABQ! Fundraiser for Patricia
Madrid
Dear Friend,
Legendary comedian Paul Rodriguez is
coming to Albuquerque for a benefit in honor of Attorney General Patricia
Madrid - and you're invited! The show will take place at the ABQ Convention
Center's KIVA Auditorium (2nd & Marquette NE) on Wednesday, September 27th
at 7:30 pm. I am contacting you before this event is announced to the public.
Tickets are available only by calling Ticketmaster at 505-883-7800.
General admission tickets are $35 or $65. Your $1,000 donation includes an
intimate pre-show celebrity bash, an after show party and the very best seats
in the house! Your $300 donation includes a preferred seating and admission to
the special after party.
Paul Rodriguez' career has spanned more than
two decades and includes starring roles and featured appearances in over 30
films and countless television series and specials. Most recently, Paul was the
master of ceremonies for this summer's Latin Kings of Comedy tour which played
to sold out shows across the country.
Please, join Attorney General
Madrid and me for this special benefit performance. If you have any questions,
please call Ticketmaster at 505-883-7800, or Mark Fleisher at (505) 699-6994
(his E-mail address is mfleisher@aol.com).
I want to thank
Paul Rodriguez for donating his time and talent to help elect Patrica Madrid to
Congress. I hope to see you at this special event!
Sincerely,
Mayor Martin Chavez
www.madridforcongress.com
Paid for by Madrid for
Congress, Inc.
Morales just phoned. Morales points out that
these guys are used to working under the covers. But now we are ripping off the
covers.
Let's see if we can get Contarino to
respond.
Monday July 25, 2005
Contarino, Dave
Department: Office of the Governor
Division: GOV
Phone:
505-476-2200
Email: Dave.Contarino@state.nm.us
|
