Judge Judith Nakamura
Metro
court
Albuquerque, NM
Tuesday
February 21, 2006 14:35
Updated
Tuesday November 22,
2006 09:55
![]() Judge Says Practice Saves Money from PAGE B1 effect Jan. 1, is an attempt to cut Metro Court's 33 percent dismissal rate in DWI cases by addressing the problem of cases coming to trial without the witnesses being interviewed. The rule says that a witness interview has not been conducted by the date of trial and the witness is in the court or immediately available, that court shall order the interview to be conducted at that time and proceed to trial." Barnhart contends that, when the interviews have not been completed, Nakamura -instead of ordering a hallway interview - suppresses officers' testimony and orders the case to trial. More often than not, he says, those cases are dismissed because prosecutors no longer have their key witness. Cade agrees, saying Nakamura at early court proceedings uses pretrial scheduling orders in effect, setting deadlines -for the interviews. If the deadlines aren't met and the interviews aren't finished, he said, she effectively dismisses the case by handcuffing prosecutors. "I believe (Nakamura) finds it more efficient to file the orders than follow the Supreme Court's rule," he said. Nakamura said that prosecutors are always made aware of the deadlines. When they're not met, she said ~he is more inclined to take action such as suppressing officer testimony than to send everyone into the hallway for interviews. "When I order them out into the hallway, it stops everything in my courtroom and, potentially, one of my colleague's courtrooms, too," she said. "The officer could be due in another, cou4room for another judge.1 Sending them all out into the hall is, quite frankly,' rude." Nakamura said her practice' saves time and taxpayer money because cases don't go to trial unless everyone is ready. She said she does abide by the hallway rule "when it's appropriate." "I have written scheduling orders in place with a deadline, but when the state does not ask for an extension - which I will grant - and simply decides to play by a different set of rules, then I need to make a decision... "Sometimes that decision is suppressing an officer's testimony." Albuquerque Journal Wednesday November 15, 2006 |
Friday March 24, 2006 Certified - return receipt requested and email Judge Judith Nakamura Dear Judge Nakamura: HISTORY 1 William Payne was fired from his position of senior member of the technical staff at Sandia Labs in 1992. Payne was also labeled a national security risk. Sandia Department manager James Gosler, who was funded by the National Security Agency and Sandia lawyer Harold Folley appeared to be responsible for Payne's firing. Payne sued Sandia labs for an ADEA violation using legal counsel Santa Fe lawyer Steve Aarons. Sandia labs would not give Payne or Aarons any documents relating to his firing. And lawyer Folley wrote that no documents existed. Gosler and Folley did however meet with presiding judge John Conway in camera. See http://www.prosefights.org/nmlegal/deptofjustice/deptofjustice.htm#gosler. Conway dismissed Payne's ADEA lawsuit. Arthur Morales and Manuel Garcia sued Sandia labs for class action races discrimination. This lawsuit forced Sandia labs to settle for much money. However, Morales and Garcia were not a part of the class action settlement and sued Sandia separately using Albuquerque lawyer Kulokowski of the Keleher and McLeod law firm in pursuing their separate claims. Garcia received money for this settlement. Morales went to court and Judge Galvan dismissed Morales lawsuit. Keleher and McLeod refused to appeal Morales' case to the Tenth circuit so Morales pursued appeal pro se. Morales brief showed that Sandia lied on the stand and also pointed out errors and discrepancies but the Tenth circuit court dismissed the appeal because the court records were not submitted which Morales could not afford at that time. Morales and Payne spent thousands of dollars on Aarons and Kulokowski without receiving remedies for financial damages suffered. Strategy of using lawyers was not working. Sandia labs then retaliated against Morales so Morales was forced to file another lawsuit against Sandia [pro se]. Judge Leroy Hansen presided over the trial and it was obvious from the beginning that Hansen was biased and prejudiced against Morales. Hansen did not allow key and relevant evidence and witnesses for Morales' case. Hansen did not allow Morales to make and opening statement. Hansen ruled against Morales after half a day and never submitted or filed a document of Finding of Fact and Conclusion of Law as required by Federal Judicial Procedure and Rules for bench trial cases. Morales again appealed pro se to the Tenth circuit. This second appeal included the court report and numerous pages of appeal showing each instance of bias and prejudice as recorded in the court record. Again the Tenth circuit denied the appeal. At this point in time a FOIA request revealed Sandia labs and DOE had spent over $1,000,000 on lawyers defending against Morales' and Payne's lawuits. Lawyers and even judges, we observed, would not follow rules or even the law if they knew that no one would know what they did and know they will not be held accountable. Albuquerque Journal or Tribune would not report this type of lawyer or judicial misconduct even though Morales and Payne submitted several requested articles to the Albuquerque Tribune. None have been published to date. Judicial systems create invisible victims of citizens. So Morales and Payne teamed with others to remedy matters. But this required visibility. Payne was selected to receive text and audio documents in 1995 to receive documents sent from Mr Hans Buehler in Zurich. See http://www.prosefights.org/baltimoresun/shanebowman.htm#buehlerlet Buehler was arrested in Tehran for espionage and spent 9.5 months in the Evin prison. See http://www.prosefights.org/baltimoresun/shanebowman.htm#buehlerpic These text [http://www.prosefights.org/baltimoresun/shanebowman.htm#docs] and audio [http://www.prosefights.org/baltimoresun/shanebowman.htm#tape] documents were passed to the Baltimore Sun [http://www.prosefights.org/baltimoresun/shanebowman.htm#sun]and others [http://www.aci.net/kalliste/speccoll.htm, http://biphome.spray.se/laszlob/cryptoag/buehler-tape.htm] to help enlighten the public about NSA projects. Failure to find justice in our individual legal efforts caused Payne and Morales to unite to file a FOIA lawsuit against the NSA which Payne suspected, along with Gosler and Folley, was responsible for his firing. Morales joined this lawsuit as an interested third party to see if the FOIA process worked as Congress intended. See http://www.jya.com/nsasuit.txt or http://www.prosefights.org/cibolafraud/nsasuit.txt Department of Justice November 30, 2005 release of documents showing that DOJ lawyer David M. Glass was assigned to help NSA in Payne and Aarons ADEA lawsuit confirms Payne's suspicion. See http://www.prosefights.org/nmlegal/deptofjustice/deptofjustice.htm We anticipated both lawyer and judicial system misconduct but this time this misconduct would be visible to the public and those who should be responsible for remedying judicial misconduct. Our strategy worked. 1 Magistrate judge Don Svet garnished money from Morales' Sandia labs wages for $625 without due process. See http://www.prosefights.org/nmlegal/supremecourt/svet1.htm Svet tried to intimidate Morales with order of garnishment for $1,793.56 with no cause of action. See http://www.prosefights.org/nmlegal/supremecourt/svet2.htm. This second intimidation attempt happened after Morales was officially removed as party to this lawsuit. During the course of the NSA lawsuit the documents Sandia lawyer claimed did not exist, actually surfaced at the Equal Employment Opportunities Office in Phoenix. So first issue [A] is the false, defamatory, and libelous documents seen at http://www.prosefights.org/nmlegal/deptofjustice/codirector/codirector.htm#cvpa which cause citizen Payne to be fired from Sandia labs and lose more than $1,000,000 of wages and benefits. Release of these documents violate both criminal provision of the Privacy Act as well as New Mexico state libel laws. Second issue [B] is to return of the $625 taken from Morales and Payne without due process and nullification of order of garnishment for $1,793.56 which is still on the record but false since there was not basis for this charge. To effect remedy for B, Morales and Payne sued Svet and others for relief from replevin and harassment in New Mexico second judicial district. To effect remedy for A, Payne sued those responsible for release of the false and defaming documents for relief from defamation [libel] and harassment in New Mexico second judicial district. Both prima facie case lawsuits [all of the evidence of guilt of defendants is in writing]: http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos, http://www.prosefights.org/nmlegal/supremecourt/svet1.htm, and http://www.prosefights.org/nmlegal/supremecourt/svet2.htm] were paid for 12-person jury trial lawsuits guaranteed inviolate by both New Mexico and federal constitutions. See Morales and Payne receipt at http://www.prosefights.org/nmlegal/supremecourt/exhibita.htm and Payne receipt at http://www.prosefights.org/nmlegal/supremecourt/exhibitc.htm. 2 Department of Justice New Mexico US attorneys Phyllis A Dow and Michael H Hoses illegally removed cases New Mexico 12 person jury trial cases cv 2001 5900 and cv 2001 6293 to federal court without federal question certification required by the US Supreme court. 3 Plaintiffs Morales and Payne clearly demonstrated that these cases involved defamation [libel], replevin and harassment which are clearly state issues, not federal issue. Plaintiffs clearly documented this in their legal pleading which will all be referenced below. 4 New Mexico chief judge Parker and Wyoming chief judge Downes allowed and endorsed the illegal transfer of these cases [documented below]. 5 After assessment, plaintiffs determined the appropriate legal path in pursuit of justice was established in Albuquerque Metro Court. 6 When plaintiffs brought criminal harassment legal action against these defendant judges brought in Robert M St John as their legal counsel. As a result criminal harassment complaints were issued by Metro court and arraignments scheduled. 7 Metro court judges Jaramillo and Shepherd held proper arraignment for St John, Downes and Parker respectively but assistant DA Pete Ross intervened with perjured [documented below] NOLLE PROSEQUI for defendants Downes [see http://www.prosefights.org/nmlegal/supremecourt/exhibits.htm], Parker [see http://www.prosefights.org/nmlegal/supremecourt/exhibitt.htm], and St John [See http://www.prosefights.org/nmlegal/metropayne/metropayne.htm#stjohn]. Complaint and affidavit [http://www.prosefights.org/nmlegal/supremecourt/exhibitw.htm] that Rosss committed perjury [http://www.prosefights.org/nmlegal/nmcriminal/nmcriminal.htm#perjury] submitted to judges Shepherd and Jarmillo did not cause rearraignment. 8 Metro court judge Barnhart demonstrated his arrogance through his illegal act of dismissing the cases against accused criminal Dow [http://www.prosefights.org/nmlegal/metropayne/metropayne.htm#barnhart1] and Hoses [http://www.prosefights.org/nmlegal/metropayne/metropayne.htm#barnhart2] prior to arraignment in violation of New Mexico judicial rules. As you know these type of actions got Barnhart removed from the bench. Barnhart violated Metro court rule 3-305. Dismissal of actions and his oath of office in writing. Here's the evidence of criminal guilt of Dow and Hoses - and Downes, Parker and St John too: New Mexico Department of Justice assistant attorneys Phyllis A Dow and Michael H Hoses along with federal judges James A Parker and William F Downes and Albuquerque lawyer Robert M St John established guilt in writing of criminal harassment using federal court as harassment [New Mexico ARTICLE 3A, Harassment and Stalking 30-3A-2] the tool by pattern and practice of of removing paid for New Mexico 12 person jury trial lawsuits to federal court when jurisdiction for defamation [libel], replevin, and harassment are clearly state issues, not federal questions.Department of Justice New Mexico US attorneys Michael Hoses fraudulently removed New Mexico state 12 paid for 12 person jury trail lawsuit CV-200106293 to New Mexico federal court without required certification. Replevin and harassment are not federal questions. Here's proof in writing in court documents of Hoses' guilt. Hoses instance 1: Receipt for New Mexico state 12 person jury trial lawsuit: http://www.prosefights.org/nmlegal/supremecourt/exhibitg.htm and http://www.prosefights.org/nmlegal/supremecourt/exhibith.htm Hoses instance 2: Fraudulent notice of removal without required verification: http://www.prosefights.org/nmlegal/supremecourt/exhibitj.htm and http://www.prosefights.org/nmlegal/supremecourt/exhibiti.htm Hoses instance 3: Docket sheet showing pattern and practice of criminal harassment using federal court as instrument of harassment: http://www.prosefights.org/nmlegal/pacer/dock1198.htm Prima facie evidence of guilt of Parker, Downes, St John, Dow and Hoses compelled Payne to file criminal complaints in Metro court. See the summons: http://www.prosefights.org/nmlegal/supremecourt/exhibitq.htm. Metro judge Christina Jamillo held a proper arraignment for accused criminals [all evidence of guilt is in writing in course records as seen above] St John and Downes. Metro judge Denise Barela Shepherd held a proper arraignment for accused criminal [all evidence of guilt is in writing in course records as seen above] Parker. LAW AND ARGUMENTS Rule for Dismissal of Action by Metro judge is: 3-305. Dismissal of actions.Dismissing the cases against accused criminal Dow [http://www.prosefights.org/nmlegal/metropayne/metropayne.htm#barnhart1] and Hoses [http://www.prosefights.org/nmlegal/metropayne/metropayne.htm#barnhart2] prior to arraignment in is not covered in 3-305 or any other Metro rule. Dismissal of action metro court rule was, no doubt, drafted so a to prevent a metro judge for dismissing any criminal complaint against a friend, or in this case, fellow lawyer. Metro judges Barnhart, Shepherd, Jaramillo, and Nakamura signed. Oath of Office The Constitution of the State of New Mexico Article XX Section 1.(Oath of Officer.), states "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. RECOMMENDED REMEDIES 1 Arraignments for criminal complaints seen at http://www.prosefights.org/nmlegal/supremecourt/exhibitq.htm should be rescheduled to show the right of the plaintiffs to paid for 12 person trail has been denied in violation of both New Mexico and Federal constitutions. Defendants Dow, Hoses, Parker, Downes and St John attempt to subvert both New Mexico and Federal constitution right to paid for trial by jury guaranteed inviolate and Morales' and Payne' right to represent them selves pro se guaranteed in the 10th amendmend for two in prima facie [all evidence is in writing] New Mexico state cases. We feel that this offense is so serious, that the evidence of guilt of defendants is all in writing, wasting several millions of the taxpayers' money on New Mexico lawyers rather than settling, that the maximum jail sentence of 364 days in the Metropolitan Detention Center must be imposed to send to the legal community the message that lawyers cannot violate citizen rights and state and federal constitution specifications. 2 All parties [judges and DAs] should have their actions of denying the opportunity for plaintiffs Morales and Payne their right to paid for 12 person trial by jury [guaranteed inviolate by New Mexico constitutions] placed on their records so that all may know who are responsible for the evaluation whether for merit or punitive measures. Judge Nakamura, we have exhausted all legal remedies short of the US Supreme court. The Tenth Circuit is not responding to our filed documents. Our civil rights to litigate and represent ourselves pro se have been taken away by criminal judges. We intend to pursue restoration of our rights at the US Supreme Court if necessary to void http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm and http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm. 3 Let it be known by all parties that the plaintiffs are always ready to arbitrate and negotiate settlement. We ask that you respond to the contents of this letter by April 7, 2006. Sincerely Arthur R. Morales William H. Payne
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Notes from meeting at McDonalds, Lomas and San Pedro Wednesday March 8, 2006.. ![]() Notes from meeting at McDonalds, Lomas and San Pedro Tuesday February 21, 2006 ![]() ![]() ![]() |
Janet Blair has more than 30 years experience in journalism and public relations. She has worked twenty years in TV news at KOAT and KRQE. She has also been a senior staff member to Mayor Martin Chavez, PR Director for St. Joseph Healthcare and owned her own small consulting firm CONTACT INFORMATION Thursday March 30, 2006 Certified - return receipt requested and email Ms Janet Blair Communications Information and Public Outreach Office Bernalillo County Metropolitan Court 401 Lomas NW P.O. Box 133 Albuquerque, NM 87103 841-9897 Cell: 401-9669 jblair@metrocourt.state.nm.us Dear Ms Blair: Thank you for verifying judge Nakamura's email address. Payne told you that this matter involved judge Barnhart dismissing two metro criminal complaints in violation of metro court rules. You told Payne that we should contact the Judicial Standards Commission. Contacting the Judicial Standards Commission appears to be a bad idea for several reasons. 1 Executive director James Noel wrote on December 3, 2004
We have been prevented from filing in New Mexico state courts by judges Brown and Scott with the help of Albuquerque journal editor, Kent Walz, brother lawyer Jerry Walz, and have had our right to represent ourselves pro se guaranteed under the 10th amendment taken away.So feel that it is the metro chief judge's responsibility to correct unauthorized criminal complaint dismissals and for the above reasons. You told me that judge Nakamura doesn't do very well with email. Metro judge Jaramillo properly processed two similar and judge Shepherd properly processed one similar criminal complaint. Assistant district attorney Pete Ross gave both Jaramillo and Shepherd perjured NOLLE PROSEQUI documents so as to have prima facie criminal complaint dismissed. We feel that it is in the best interest of citizens of New Mexico so see that our legal systems are made to operate within the law. Therefore, we would appreciate it if you would help judge Nakamura with our read and click on written evidence of guilt Internet presentation if she has trouble with http://www.prosefights.org/nmlegal/nakamura/nakamura.htm#nakamura. Governor Richardson hasn't responded to our Friday March 4, 2005 letter. New Mexico Better Business Bureau president Jerry Shipman refused to investigate a credit card fraud complaint against Cibola Internet Services which involved taking down our paid for website containing posting of the documents seen above. See http://www.prosefights.org/cibolafraud/bbb/bbb.htm. All of the above is creating the appearance that New Mexico court, government, and business infrastructure are corrupt. We enlist your and mayor Chávez' help to clean up corruption in New Mexico legal systems, government and infrastructure. Thanks in advance. william payne arthur morales distribution Judge Jaramillo cjaramillo@metrocourt.state.nm.us Judge Shepherd dshepherd@metrocourt.state.nm.us Mayor Martin Chávez martinchavez@cabq.gov Kari Brandenburg F James Sensenbrenner Sensenbrenner@mail.house.gov Arlen Specter ![]() ![]() ![]() kbrandenburg@da2nd.state.nm.us Hardcopy to Blair ![]() ![]() ![]() ![]() Morales phoned an idea
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