THE CASE OF HIGH BRED OR HYBRID?

 

"We feel that his due-process rights were violated. He was never given a formal hearing, he was never given a right to refute anything."

 

"It was an outrageous lack of due process."

 

Among those rights guaranteed by the Fifth Amendment to the United States Constitution is the right
to due process of law, which encompasses the right to a fair
trial. See, e.g., United States v. Augurs, 427 U.S. 97, 107
(1976)

 

 

"And third, Your Honor did, in fact, speak in terms of restorational treatment " before I drafted this ILLEGAL AND UNLAWFUL order for you to sign." ~Gregory Nicolaysen, attorney forced on Killercop, one of many.

 

" At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, . . . the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of KILLERCOP.

The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. 18 U.S.C. § 4241(a)."

 

The Ninth Circuit says:

 

"A pretrial order finding a defendant competent to stand trial does not 'conclusively determine' KILLERCOP’s competency.

 

Rather, the question of competency remains open throughout the trial, and may be raised by KILLERCOP, or by the court, at any time."

 

"Consider it raised, again, America. Only this time the bar and penalty for the violations is raised to a level of clarity I call Even-Steven."

 

I mean, my "unbiased" Appeals Court judge, Chief Judge Alex Kozinski, said it best, in his, of course, unbiased, immortal opinion that, "KILLERCOP can't deny the revenge thing."

 

Nope, no denying that, so I must be guilty ...using that standard.

 

And because of the fact that Judge Matz won't accept a guilty plea. OR ANY CONDITIONS OF BAIL!

 

I do so hope the Queen won't say "Off with my head!!"" That's so much power!! BUT THEN AGAIN, AS ALEX KOW-ZINSKI ALSO ONCE SAID:

 

 

"A CAPTIVE AUDIENCE IS A WONDERFUL THING!!"

 

 

Evidence Relevant to Determining Competency

The court’s determination of competency is a factual, rather than legal, determination. United States v. Makovich, 209 F.3d 1227, 1232 (10th Cir. 2000). In determining competency, this court “‘may rely on a number of factors, including medical opinion and the court’s
observation of the defendant.’” United States v. Boigegrain, 155 F.3d 1181, 1189 (10th Cir. 1998) (quoting United States v. Nichols, 56 F.3d 403, 411 (2d Cir. 1995)). In cases, such as this one, with multiple experts, a district court may find a defendant competent by adopting the
findings of one expert and discounting the contrary findings of another. Miles v. Dorsey, 61 F.3d
1459, 1472-74 (10th Cir. 1995); Mackovich, 209 F.3d at 1232; Deshazer, 554 F.3d at 1287.

 

Martin v. Settle, 192 F.Supp. 156, 159 (W.D. Mo. 1961) (competency hearing may not be conducted in absence of the defendant and doing so deprives the defendant of due process of law).

 

ASK SARAH!

 

A CONVERSATION WITH SARAH. ON WHY IT'S PURELY A COINCEDENCE

 

A CONVERSATION WITH GARY.

IT'S PURELY A COINCEDENCE, TOO!

 

A CONVERSATION WITH DEBRA!

 

"To constitute a due process violation,
the prosecutorial misconduct must be of sufficient significance to result in the denial of the defendant's right to a fair trial." Greer v. Miller, 483 U.S. 756, 765 (1987) (internal quotations
omitted).

 

The Case of George H. King AKA King George

A Manual on Jury Trial Procedures
Prepared by the Jury Instructions Committee of the Ninth Circuit

Members:
Judge George H. King, Chair
Judge Roger L. Hunt
Judge Lawrence K. Karlton

Judge A. Howard Matz

DEAR KING, GIVE ME YOUR ATTENTION PLEASE. I "HAD A RIGHT" NOT TO BE TRIED...BY THESE ATTORNEYS. NOW I SEEK REDRESS, OR RESTORATION. OR CONFRONTATION.

 

$PECIAL REWARD$ FOR THESE COP$

OUTSIDE IT'S AMERICA

"what would be the capacity of law enforcement and of the courts to SUPRESS this kind of SPEECH?" -Judge A. Howard Matz, PRE-TRIAL HEARING OF KILLERCOP.COM

A QUESTION FOR AMERICA:

Is "pretty good" pretty much like "pretty clear?" Because I'm "pretty sure" it is not. I know, it's complex. But then again, I'm officially nutzzzzzz, until certified (.pdf) un-nutzzzzzz, in a competent court of the law. So I am waiting on the law. It sure is not speedy...but it is baffled.

I'm all a Twitter waiting to see your reaction, to my reaction, to your Treatment and the promised Restoration. You'll just die when you see what I have in store for everyone involved in the story in 2010.

Look, you know you have to look, there!! ABOVE!!

It's "another person" and "the person of another," person.

STILL BAFFFLED?

Then read the plan, promptly!! A man's life, freedom and liberty are at stake!!! And it's probably a prudent thing to do, but don't speak about it!

In fact, don't even think about it, especially the cowards and babies! But always remember, children, evil only triumphs when good men or women do nothing.

THE END.

“And third, Your Honor did, in fact, speak in terms of restorational treatment … ."

"May I inquire of Your Honor whether or not the court is planning to make any "Factual findings" in regard to the Reasonable cause standard" under the statute since there are no findings that have been submitted by the government?"

 

Killercop's KillerBull Claims

BULLSHIT?

I'll proooooooove it!! Watch for the ol' "inherent legal defect" in the ILLEGAL AND UNLAWFUL order …

Okay, the word "Hybrid," from this point on in the rest of this true story below, is now changed to reflect it's true meaning and nature of the word: "ILLEGAL AND UNLAWFUL"

 

THE FOLLOWING TOOK PLACE ON APRIL 7th, BETWEEN THE HOURS OF 11:30 AND 12:30 A.M., IN A U.S. DISTRICT FEDERAL COURT-HOUSE. AMERICA.

 

 

DUARTE: AND IT WAS A PETITION FOR REHEARING. THE COURT'S ALREADY BEEN AFFIRMED ON THE ORDER; AND I SKIMMED IT. AND THE GROUNDS FOR THE PETITION FOR REHEARING WERE THE LACK OF THIS FINDING [OF A FACT] THAT WE'RE DISCUSSING.

"IT'S PURELY A COINCEDENCE;" AND IT CAME UP AFTER HE AND I NOTICED IT, DISCUSSED IT, AND CAME UP WITH --

HOWARD MATZ: HE MEANING, MR. NICOLAYSEN?

MS. DUARTE: MR. NICOLAYSEN AND I NOTICED IT AND DISCUSSED IT. BUT THE 9TH CIRCUIT HAS NOT ORDERED ANY ACTIONS. FRANKLY, I DON'T EXPECT THEM TO.

THE COURT: YES. I SAW THAT. WELL, I WANT IT TO BE SENT BOTH TO THE WARDEN WITH SPECIFIC -- "IT" BEING THE TRANSCRIPT WITH SPECIFIC DIRECTTIONS THAT IT BE MADE AVAILABLE TO THOSE RESPONSIBLE, NOT ONLY FOR KILLERCOP'S TREATMENT -- DIAGNOSIS
AND TREATMENT, BUT ALSO TO THOSE RESPONSIBLE FOR HIS CUSTODY; SO
THAT IF HE, FOR SOME REASON, RESPONDS TO THIS, THEY'LL, AT LEAST,
BE AWARE OF WHAT MAY HAVE BEEN IN HIS MIND.

I KNOW THE LAW SAYS "PRESENTLY" BUT HEY, MY BUDDY IS ALEX KOZINSKI, AND HE TOLD ME TO NOT WORRY ABOUT BEING SUED. HE IS A GOD. HE'LL COVER OUR ASSES!

BUT JUST IN CASE, I ALSO WANT IT TO BE SENT BY MR. NICOLAYSEN DIRECTLY TO KILLERCOP.

MR. NICOLAYSEN: I WILL DO SO, YOUR HONOR, AS I DID THE MARCH 14TH TRANSCRIPT.

THE COURT: AND PROMPTLY SO, AT DEVINS, PLEASE.

NICOLAYSEN: I WILL DO THAT.

DUARTE: “That’s where we all ended up with this ILLEGAL AND UNLAWFUL kind of order,...”

 

Page 7, Lines 22-25
Gregory Nicolaysen “Yeah. It is a scenario that does involve a ILLEGAL AND UNLAWFUL, to borrow the government’s word, and we used the word ILLEGAL AND UNLAWFUL when we spoke on Friday, and again on Saturday; and we found that that would be the inherent legal defect in the ILLEGAL AND UNLAWFUL order …

 

Page 8, Lines 12-14
Gregory Nicolaysen:: “And third, Your Honor did, in fact, speak in terms of restorational treatment …before I drafted this ILLEGAL AND UNLAWFUL order for you to sign. <Chuckles softly>

Page 10, Lines 14-24

Matz: “Ok. Well, here are my findings. I think that, particularly, in light of what happened at the hearing, aside from the fact that I kicked killercop out of it <Chuckles softly>, and the language in Dr. Backer’s supplemental report, there is a sufficient basis to find that Killercop is already afflicted with a disease or a defect that makes him incompetent for purposes of standing trial.

 

The reason I didn't want to make that finding and declined to make that finding was primarily because I didn't want to inflame him; not because I had any doubts about applying the applicable standards to what I perceived to be his 'then' condition.”

 

"If there is reasonable cause to believe that the defendant may "presently" be suffering from a mental disease or defect rendering him mentally incompetent" ~18 U.S.C. § 4241(a)."

 

So much for the word "presently." Another useless word.

 

Allow me to update y'all on my, "Then Condition."

 

As in then I had rights, then they were removed, violated and then gone! Read the law.

 

A)

Judge Matz couldn't have "enflamed" me, since he "removed" me;" as did his handpicked attorney he forced on me, from the previous illegal competency hearing, before sending me off for "treatment," later to hold the secret "status conference" to try to get it right.

 

So Matz, and his gang, had this secret "status conference," to try and cover up this "hybrid," thing that they had concocted, out of the air, which I knew nothing about after "being removed," for objecting to the proceedings as of the kangaroo kind.

 

B)

They got away with it by not notifying me, or the warden, until months later.

 

How y'all like that due process entitlement?

 

Sure ain't a right anymore, unless you can see more then I do.

 

Wonder what happened to it?

 

I digress.

 

THEY ALL IGNORED THE FACTS AND LAW AND PROCEEDED FORWARD WITH THE PRESECUTION...

MS. DUARTE: AND IT WAS A PETITION FOR REHEARING. THE COURT'S ALREADY BEEN AFFIRMED ON THE ORDER; AND I SKIMMED IT. AND THE GROUNDS FOR THE PETITION FOR REHEARING WERE THE LACK OF THIS FINDING [OF A FACT] THAT WE'RE [NOW] DISCUSSING.

"IT'S PURELY A COINCEDENCE;" AND IT CAME UP AFTER HE AND I NOTICED IT, DISCUSSED IT, AND CAME UP WITH --

THE COURT: HE MEANING, MR. NICOLAYSEN?

MS. DUARTE: MR. NICOLAYSEN AND I NOTICED IT AND DISCUSSED
IT. BUT THE 9TH CIRCUIT HAS NOT ORDERED ANY ACTIONS. FRANKLY,
I DON'T EXPECT THEM TO, BUT I WANTED TO MAKE SURE THE COURT WAS
AWARE OF THIS.

 

While at the mental treatment hospital, clear across the country near Boston, to get my "daily dose of ordered mental treatment," I met a man named Dr. Thomas P. Patenaude, once. It was to be our only meeting of the minds.

 

Later I would meet the Warden, once, too, and inform him of the secret hearing; that is once Greg finally sent me a copy of the secret hearing, but only months later, and only after pressuring me to "take a deal, or they can hold you there forever!." To which I replied, "Byte Me!" Actually, I believe I yelled it at him . After I told the Warden what had happened those past months since the unlawful hearing, coupled with me in his office yelling, and going on about how his Doctor had not spoken to me but once, off I went, back to California!

 

So the Warden sent me back to California, forthwith, after knowledge of the secret unlawful hearing, like as in the next day, after I showed him the transcript of the secret hearing.

 

18 USC 4241(e) Discharge.— When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the defendant’s counsel and to the attorney for the Government. The court shall [then] hold a hearing, conducted pursuant to the provisions of section 4247 (d), to determine the competency of the defendant.

 

At he next "hearing," Dr. Who claimed he then cured me!! It was like, magic. A regular miracle.

 

Hence, no certificate required by the law coming from the court of judge A. Howard Matz, Warden, prosecutor and the attorney she conspired with, and Matz forced on me, Greg.

 

Why? They certainly were not about to compound it by filing a false certification that I was or wasn't now still "competent," when they all knew that to be false. (See Dr. Who, below) Oh the irony. Oh the shame. I should say sham.

 

If they followed the law and produced the certificate, under the law, they would be lying.

There could never be a certified paper of my miraculous recovery from my "treatment," especially from a Dr. Who!

 

Just like they all knew the facts of the law, and they chose to break the rule and letter.

 

But wait, there is more... See once you become a criminal, you have to continue being one...they won't let you out. The trial must go on!! Law and rules be damned!!

A real "bang up job." And that's a fact. Ask any expert.

 

Contempt Of Cop

Washingtonpost.com - 'Contempt of Cop' Continued from Page 5 New D.C. police recruits were keenly aware of what they saw as deficiencies...

Blacks are arrested on 'contempt of cop' charge at higher rate - Blacks are booked by Seattle police for obstructing a public officer eight times as often as whites when population is taken into account, a Seattle P-I investigation of six years...

Henry Louis Gates' Contempt Of Cop Emptywheel - At tonight's nationally televised press conference, a reporter asked President Obama a question about the July 16 arrest of famed Harvard professor Henry Louis Gates. Obama set off...

Contempt of Cop' by William Norman Grigg - The police are to the government as the edge is to the knife, insists sociologist David Bayley, who apparently couldn't explain why the typical...

Expert Officer displayed 'contempt of cop' reaction Internal Affairs

Contempt Of Cop II

CAMERA IS THE NEW SPEAK FOR GUN IN THE WILD, WILD WEST! - It's more about 'contempt of cop' than the violation of the wiretapping law.

Welcome to America Now step inside the jail cell - The audio exchange in this video was apparently recorded at the U.S. Canada border after a Canadian displayed contempt-of-cop towards the American law enforcement officer asking questions.

Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.

How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.

My radio interview with Katherine Albrecht - Carlos Miller Photography is Not a Crime is interviewed by Katherine Albrecht, activist, radio host and privacy advocate, Tuesday afternoon where they discussed his blog, his arrests, the situation in the United Kingdom and the spread of contempt of cop cases that are popping up on the internet on a regular basis.

 

The Trial of Judge A. Howard Matz.

By Psych Ward Entertainment.

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