Sidney Blumenthal became a Clinton intimate, very likely a trusted Clinton operative
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- Other Co-Conspirators
Thursday, December 24, 2015
Saturday, November 14, 2015
April 20, 2012 - Email from Melinda to Laura
From: Melinda
Fri, Apr 20, 2012 at 11:07 PM
To: Duchess of Manchester
CCs <morgangell@xxxxx.com>, <lmontymont@xxxxxx.com>,<raelon@xxxx.net>
Craig was stupid to involve himself with you two.
Fri, Apr 20, 2012 at 11:07 PM
To: Duchess of Manchester
CCs <morgangell@xxxxx.com>, <lmontymont@xxxxxx.com>,<raelon@xxxx.net>
Craig was stupid to involve himself with you two.
It was January 2003. America is headed toward War. Sidney is chatting with Max via email
Sidney and Max Blumenthal correspond via email.
Subj: idea
Date: 1/16/2003 1:54:19 AM
Eastern Standard Time
From: xamxam1@yahoo.com
To: sbwhoeop@aol.com
Sent from the Internet
(Details)
here's another idea. if
only someone could pick up on
these as fast as i can
come up with them and research
them. did you see the full
page ad in the times
yesterday in support of
people's mojahedin of iraq by
a bi-partisan commission
of congressmen? PMOI is a
terrorist group based in
eastern iraq financed by
hussein and condemned by
amnesty international for
bombings in tehran that
killed civilians and storming
the u.n. in 1992 with
knives. among the supporters of
the group is ilean
ros-lehtinen, who with jeb bush's
assistance, arranged for
orlando bosch's pardon. and
tom tancredo's there too.
seth waxman, who i think was
clinton's solicitor
general, denied PMOI's petition to
be removed from a gov.
list of terror groups.
__________________________________________________
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Max
I don't know if Grandpa
has gone to the rehab institute. He was supposed to. I'll let you
know.
GOod idea on the war and
good analogy to West Bank. I would write to elempinen@salon.com and
see if that works. You can write Joan Walsh, too, at
jwalsh@salon.com. Tell her you want to get in touch with Ed and why.
Love
Yr Father
Subj: Fwd: Boom and Bust
Date: 1/13/2003 5:05:47 PM
Eastern Standard Time
From: Sbwhoeop
To: Jackieblumenthal
-----------------
Forwarded Message:
Subj: Re: Boom and Bust
Date: 1/13/2003 4:57:55 PM
Eastern Standard Time
From: xamxam1@yahoo.com
To: Sbwhoeop@aol.com
Sent from the Internet
(Details)
bush is selling the cut on
the idea of assymetrical
warfare, which doesn't
require massive troop buildups
or manuevers. everything
i've read by columnists
opposed to bush is either
exploiting nostalgia about
past american wars as a
national sacrifice or they're
trying to direct
everyone's attention to north korea.
i think the best issue to
hit on is that a u.s.
occupation of an arab
country, like the one that's
inevitable in iraq, will
be a collosal disaster and
that point needs to be
exploited more, with parallels
drawn to israel's naivete
after the 67 war going into
the west bank.
i'm trying to find ed
lempinen's number to propose the
maria suarez story today
since i'm not feeling sure
about rolling stone and i
think i can pump out a story
by friday.
marcia called me and told
me to call grandpa direct
but he's not in the room
anymore. is he in rehab now?
--- Sbwhoeop@aol.com
wrote:
>
>
http://www.latimes.com/news/nationworld/nation/la-na-outlook13jan13,0,1209828.c
>
>
olumn?coll=la%2Dheadlines%2Dnation
>
> January 13, 2003
>
> <A
>
HREF="http://www.latimes.com/news/nationworld/nation/la-columnist-rbrownstein,0,7063543.columnist?coll=la%2Dheadlines%2Dnation">Ronald
> Brownstein:
> Washington Outlook
> Bush Breaks With 140
Years of History in Plan for
> Wartime Tax Cut
>
>
> Old question: What
did you do in the war, Daddy?
>
> New answer: I
pocketed a large tax cut, honey.
>
> Pause.
>
> And then I passed the
bill for the war onto you.
>
> That, essentially, is
the generational transaction
> established by the
> sweeping tax cut
President Bush proposed last week.
> The proposal commits
Bush
> to a goal
unprecedented in U.S. history: cutting
> taxes in wartime.
>
> Forget guns and
butter: Bush is now offering bombs
> and caviar.
>
> That's an odd
combination, as Bush demonstrated last
> week when he
announced
> his plan. First he
emphasized the threat that
> international
terrorism poses
> to U.S. security and
somberly declared that this is
> a "time of war."
>
> Then he proposed a
good-time economic plan that
> would shower
Americans with
> $674 billion in tax
breaks over the next decade --
> at a time when the
federal
> budget has fallen
back into deficit and faces
> irresistible demands
for more
> spending on defense
and homeland security. The
> unavoidable result
will be
> bigger federal
deficits and a larger national debt,
> which amounts to
shifting
> the cost of defending
the nation onto our children.
>
> With this push to
slash taxes during wartime, Bush
> broke from 140 years
of
> history under
presidents of both parties. In every
> major conflict the
United
> States has fought
since the Civil War (and some
> minor ones),
Washington has
> raised taxes to pay
for the war.
>
> Americans are never
particularly happy about tax
> increases. But we
have
> always accepted
heavier burdens as the price those
> at home pay to
support
> those under fire on
the front. One World War I-era
> economist wrote:
> "Patriotism can
often be translated into dollars and
> cents -- in fact, the
> material side of
patriotism is often quite as
> important as the
spiritual
> side."
>
> The income tax and
the inheritance tax (which Bush
> is trying to
eliminate)
> were signed into law
by Abraham Lincoln, the first
> Republican president,
to
> help pay for the
Civil War. As journalist Steven R.
> Weisman recounts in
his
> engaging recent book,
"The Great Tax Wars," by the
> time the war ended,
> Congress had imposed
a top income tax rate of 10% on
> all incomes over
$5,000.
> The inheritance tax,
he writes, "passed Congress
> with little debate
because
> of the widespread
demand in the North for sacrifice,
> especially from the
> wealthy."
>
> After the war, both
taxes were eventually allowed to
> lapse. But to pay for
> the Spanish-American
War, President McKinley -- also
> a Republican --
signed
> into law an excise
tax on petroleum and sugar
> companies and
reinstated the
> inheritance tax.
>
> To fund the country's
entry into World War I,
> President Wilson -- a
Democrat
> -- massively
increased the number of Americans
> subject to the income
tax and
> raised the top rate
from 7% to 77%.
>
> Congress cut taxes
during the 1920s. But when the
> nation fought World
War II,
> Americans reached
into their pockets again. Once
> more, the number of
> Americans subject to
the income tax soared (from 4
> million to nearly 43
> million) and the top
rate rose to 91%.
>
> Taxes increased again
to fund the Korean War; even
> in the Vietnam War,
> President Johnson
belatedly imposed a war surtax on
> incomes.
>
> The war against
terrorism or a possible return match
> against Iraq won't
> demand nearly as many
resources as World Wars I or
> II, or even Vietnam
and
> Korea. But these
tests will still impose significant
> burdens on the
> government.
>
> By 2005, Bush wants
to spend at least $100 billion a
> year more on defense
> than President
Clinton proposed in his final budget;
> a war in Iraq would
add
> to that bill. Bush
has also proposed to spend $38
> billion on homeland
> security this year.
And even those commitments, the
> administration
concluded
> in a homeland
security plan last summer, "must be
> viewed as down
payments to
> cover the most
immediate security vulnerabilities."
>
> As Weisman writes,
when Wilson urged higher taxes in
> World War I, he
stressed
> the nation's
obligation to avoid burdening future
> generations with the
war's
> cost through
excessive borrowing: "The industry of
> this generation
should pay
> the bills of this
generation," he said. Bush seems
> to be ignoring that
> lesson.
>
> By proposing large
new tax cuts when Washington is
> already in deficit
and
> facing growing costs
for defense, Bush is
> threatening an
explosive growth in
> the national debt.
When Bush took office, the
> nonpartisan
Congressional
> Budget Office said
Washington would eliminate the
> publicly held
national debt
> by 2008 -- as long as
the government fulfilled the
> pledge Bush and Al
Gore
> each made in the 2000
presidential campaign to apply
> the surplus
temporarily
> accumulating in
Social Security toward paying down
> that debt.
>
> But Bush abandoned
that promise under the pressure
> of recession, the war
on
> terrorism and the
cost of his $1.35-trillion,
> 10-year tax cut of
2001. Even
> before Bush's new
proposals, the CBO had estimated
> that Washington would
need
> to divert more than
$2 trillion from the Social
> Security surplus to
operate
> the rest of
government through 2012. With that money
> no longer available
for
> debt reduction, CBO
projected the debt would rise to
> $3.8 trillion by
2008.
>
> The further tax cuts
Bush proposed last week will
> only deepen that
hole.
> Because the operating
side of the federal budget is
> already deeply in
> deficit, every penny
of Bush's new tax cut would
> have to come from
taxes
> raised for Social
Security or by increasing the
> national debt. The
Democratic
> staff on the Senate
Budget Committee has estimated
> that if the new Bush
tax
> cut plan passes, as
well as the prescription drug
> plan for senior
citizens he
> has endorsed, the
national debt will balloon to $4.8
> trillion in 2008.
>
> More debt means
higher interest costs for the
> government, which
means higher
> taxes on future
generations. It all amounts to
> Americans voting
themselves a
> tax cut and letting
their children pay for defending
> the country through a
> larger national debt.
Surely Woodrow Wilson better
> captured the nation's
> spirit when he said,
as the bullets flew in World
> War I, that Americans
"know
> ... the war must be
paid for and that it is they who
> must pay for it, and
if
> the burden is justly
distributed ... they will carry
> it
=== message truncated ===
__________________________________________________
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haven't heard anything
from anyone on my proposals
yet. i guess i'll have to
wait until tuesday. i'm
going to try to find
connie rice's contact because i'm
sure the la weekly will
run that if salon won't.
______
i did that late friday.
i've been looking for connie
rice but to no avail. i'll
have to wait until tuesday
to find a contact number.
i saw the movie the quiet
american with michael
caine. you'd like it although
it's showing has been
suppressed in the u.s. so it
might not be out in d.c.
have fun sleeping with the
fishes in antigua.
--- Sbwhoeop@aol.com
wrote:
> Send emails out for
everyone has them on Monday
> saying you're eager
to hear from them on your
> proposals. Those
emails will be waiting for them
> first thing Monday
morning. They WILL get back to
> you. The Connie Rice
idea is a good one, especially
> now.
> Yr mother and I are
in Antigua, It's very restful,
> and we're going to
the beach soon. Keep up with me
> by email.
>
> Love
> Yr Father
__________________________________________________
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Yahoo! Mail Plus -
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_______________
Thursday, November 5, 2015
Craig was angry, very angry
After
the Deposition
Around
February 23, 2001 Morgan filed bankruptcy in Santa Barbara to clear
the issue of the coerced promissory note from Craig and other debts
she could not pay.
On
May 23, 2001 Craig filed a COMPLAINT
to stop her from clearing the issue of the coerced promissory note.
In the motion he mentions more money he gave Morgan.
Since we
know that Craig routinely hands over about $5,000 a month to women
who he wants to be available to him sexually it struck Morgan and small minded, given how hard she had tried to eliminate Arthur and kill off her mother.
Morgan believed
the money was payment for services rendered.
Craig
never gives away money without expecting to get something of value to
him. Destroying Melinda and securing all of the marital assets
was of enormous value to him so it seems petty that he would also
insist on getting sex. But Craig is a psychopath and so this
was a natural move for him.
Morgan
was part of the conspiracy which Morgan admits to in the response
below. This is an example of what happens when psychopaths
collide instead of cooperating.
On
August 27, 2001 Morgan responded to a RESPONSE
filed by Franklin to stop her from declaring bankruptcy on the
promissory note she had signed under duress.
This
document is well worth reading for the shock value. The
document names Dan O'Dowd, Michael (Emerling) Cloud as
co-conspirators with Craig. The document was produced by We The
People, a legal service in Santa Barbara at the time, using
statements from Morgan. The document is signed by Morgan, the
Debtor and Defendant.
January
15, 2003 - Franklin
Complaint Dismissal
Very
brief. Too bad the judge and those reading the documents
did not comment for posterity.
Wednesday, April 15, 2015
Declaration - Melody Gillespie
Melody
Gillespie, R. N.
xxxxxx Road xxx
Strathmore,
California 93267
559-xxx-xxxx
Declaration
of Facts
I have been acquainted
with Melinda Pillsbury-Foster and her son, Arthur E. Foster, since the spring
of 2006. At the time we met Melinda had been living at the cabin full time for
about a year, from her statements and by my observations. Except for visits to
friends and relatives on occasion she lived at the cabin full time.
It was clear Melinda was very short of funds and she could not afford to travel
to any extent. On occasion she asked me to bring her food, as her car was not
working or she was without money. In addition, I know she did all of the work
needed to maintain her cabin herself . This included clearing in the spring and
stacking firewood for winter. On occasion my husband and I provided this for
her and let her use our truck to transport it.
I learned over the years that she was very worried about what would happen to
Arthur if she died or became completely incapacitated.
In October of 2011 she called me to say she was strongly considering going to
Ohio for a while because she had been made an offer to partner in a corporation
which could finally make it possible for her to put money away for Arthur.
I was disappointed to see her go but agreed to keep an eye on the cabin as much
as possible.
On October 26, 2011 Melinda and Arthur met me at the Pierpoint Restaurant about
five miles below her cabin and fifteen miles from my home in Porterville to
have dinner. It was her birthday.
During the meal she told me more about the offer from a woman named Raye who
owned a website called Rumor Mill News for whom Melinda had started working
doing advertising. Raye, she said, had decided she wanted Melinda to redesign
the website as well as doing the advertising work but needed her to come to
Ohio for this. Melinda said Raye had promised to make sure she could come back
for a while in the springtime to take care of the cabin.
As she had said previously the offer was for a partnership and she had checked
with an associate named Jason Rines to see if the site could be made profitable
enough to make it possible for her to put money away after paying her debts on
what she could earn.
Melinda seemed excited but also nervous. I knew from our past conversations
this was because of her vision, which was not good. But she seemed to feel she
had no choice since was the only way offered which allowed her to provide for
her son.
Although I did not say anything to her about this I was worried about her
driving so far when I knew she never drove farther than Los Angeles and even
that had seemed to make her nervous.
Signed, March 28, 2015
[e-signature]_________
Melody Gillespie, R. N.
It was clear Melinda was very short of funds and she could not afford to travel to any extent. On occasion she asked me to bring her food, as her car was not working or she was without money. In addition, I know she did all of the work needed to maintain her cabin herself . This included clearing in the spring and stacking firewood for winter. On occasion my husband and I provided this for her and let her use our truck to transport it.
I learned over the years that she was very worried about what would happen to Arthur if she died or became completely incapacitated.
In October of 2011 she called me to say she was strongly considering going to Ohio for a while because she had been made an offer to partner in a corporation which could finally make it possible for her to put money away for Arthur.
I was disappointed to see her go but agreed to keep an eye on the cabin as much as possible.
On October 26, 2011 Melinda and Arthur met me at the Pierpoint Restaurant about five miles below her cabin and fifteen miles from my home in Porterville to have dinner. It was her birthday.
During the meal she told me more about the offer from a woman named Raye who owned a website called Rumor Mill News for whom Melinda had started working doing advertising. Raye, she said, had decided she wanted Melinda to redesign the website as well as doing the advertising work but needed her to come to Ohio for this. Melinda said Raye had promised to make sure she could come back for a while in the springtime to take care of the cabin.
As she had said previously the offer was for a partnership and she had checked with an associate named Jason Rines to see if the site could be made profitable enough to make it possible for her to put money away after paying her debts on what she could earn.
Melinda seemed excited but also nervous. I knew from our past conversations this was because of her vision, which was not good. But she seemed to feel she had no choice since was the only way offered which allowed her to provide for her son.
Although I did not say anything to her about this I was worried about her driving so far when I knew she never drove farther than Los Angeles and even that had seemed to make her nervous.
Signed, March 28, 2015
[e-signature]_________
Saturday, April 11, 2015
Sheldon Recusal - Filed February 26, 2015 Ashtabula Municipal Court
This document, which has been questioned by blogger, has been read. It is entirely accurate and needs to be republished.
IN THE COMMON PLEAS COURT ASHTABULA COUNTY, OHIO
____________________________________
) Case No.: 15CVF00096
) Magistrate: David Sheldon
IN THE MATTER OF RECUSAL )
REGARDING MAGISTRATE DAVID )
SHELDON, ASHTABULA COUNTY, OH )
AND EXTENSION OF TIME )
)
) Melinda Pillsbury-Foster
) 525 Bunker Hill Road
) Ashtabula, Ohio 44004
) Phone: 805-xxx-7600 Fax: 805-xxx-6428
) E-mail: themeliinda@xxxxxx.com
) Pro Se Litigant __________________________________________)
MOTION FOR RECUSAL, MEMORANDUM IN SUPPORT AND REQUEST FOR NEW DATE OF HEARING
The Code of Judicial Conduct
The rules governing the conduct of the judiciary in Ohio are set forth in the Code of Judicial Conduct. In part, the Code states as follows:
“Canon 1
A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety…
Comment
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge.
[2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the code.
[3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the rule is necessarily cast in general terms.
[4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all.
[5] Actual improprieties include violations of law, court rules, or provisions of this code. The test for appearance of impropriety is an objective standard that focuses on whether the conduct would create, in reasonable minds, a perception that the judge violated this code, engaged in conduct that is prejudicial to public confidence in the judiciary, or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge.
Canon 2
A Judge shall perform the duties of judicial office impartially, competently, and diligently.
RULE 2.2 Impartiality and Fairness
A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.
RULE 2.11 Disqualification
A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:
The judge has a personal bias or prejudice concerning a party or a party’s lawyer, or personal knowledge of facts that are in dispute in the proceeding.
Comment
[1] A judge is responsible for his or her own conduct and for the conduct of others when those persons are acting at the judge’s direction or control. A judge may not direct court personnel to engage in conduct on the judge’s behalf or as the judge’s representative when such conduct would violate the code if undertaken by the judge.
[2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly.”
Conclusion
Melinda Pillsbury-Foster
Litigant, Pro Se
525 Bunker Hill Road
Ashtabula, Ohio 44004
IN THE COMMON PLEAS COURT ASHTABULA COUNTY, OHIO
____________________________________
) Case No.: 15CVF00096
) Magistrate: David Sheldon
IN THE MATTER OF RECUSAL )
REGARDING MAGISTRATE DAVID )
SHELDON, ASHTABULA COUNTY, OH )
AND EXTENSION OF TIME )
)
) Melinda Pillsbury-Foster
) 525 Bunker Hill Road
) Ashtabula, Ohio 44004
) Phone: 805-xxx-7600 Fax: 805-xxx-6428
) E-mail: themeliinda@xxxxxx.com
) Pro Se Litigant __________________________________________)
MOTION FOR RECUSAL, MEMORANDUM IN SUPPORT AND REQUEST FOR NEW DATE OF HEARING
Now comes Melinda Pillsbury-Foster, Defendant
in Case No. 15CVF00096 , acting in Pro
Se, to hereby move that Magistrate David Sheldon
recuse
himself
forthwith from any involvement whatsoever in all proceedings
regarding the matter laid out in the aforenamed case and take
the appropriate and necessary steps through the
Ohio Supreme Court for the appointment
of a successor judge to stand in his place
and stead
to hear
and decide
matters
pertaining
to the civil action now being heard and
possible criminal charges stemming from the facts therein outlined.
The grounds supporting this Motion are set forth on
the
Memorandum
below.
MEMORANDUM IN SUPPORT
- Background Facts
The relevant events leading up to the above
Motion came to the attention of Defendant on
January 16, 2015. Defendant learned Plaintiff in the
aforementioned case, Ms. Raye Smith, had posted a letter on Rumor
Mill News, a website owned and controlled by Ms. Raye A. Smith. Ms.
Smith is the Plaintiff in the case cited above, an eviction which
she is pursuing to evade contractual obligations to Defendant.
Defendant is a senior citizen
and disabled. Additionally, she is the sole caretaker for an adult
disabled son who is entirely blind in one eye and 70% blind in the
other eye. He survived two major brain injuries, has limited
mobility, and needs care 24/7. Therefore Defendant's ability to
work is severely constrained and limited. She and her son are
dependent on disability and social security payments.
To
quote the relevant part of the Posting noted above, which appeared
publicly on the Rumor Mill News Website on January 5, 2015, “
I do not know how long it will take my lawyer, my landlord and his
lawyer to get her out of the house. I have been told by someone who
knows her that she has been evicted 13 times before. This means she
knows every trick in the book and probably knows more than all of
the lawyers involved in this eviction. In today’s society most
criminals know their legal rights better than their lawyers.”
This
was the first indication Defendant had that Plaintiff, Robert
Brobst, and two attorneys were cooperating in what has the
appearance of an abuse of process and conspiracy. The posting is
libelous, the charges being false to fact.
(See
Exhibit 13 – Libelous Post, January 5, 2015)
Defendant
had contacted Brobst regarding renting the house herself because she
had learned from a call to Aqua, the water company, when the water
was turned off due to lack of payment by Smith, and that Smith was
moving. Smith has been claiming to be in the process of moving
since May of 2014 and has been extracting donations from her online
Readers now amounting to between $20,000 and $30,000.
Calls
to the other utilities confirmed that Smith had informed them she
was moving and had cut off her service at the end of business that
day, December 30, 2014. After ensuring the services would not be
interrupted and moving them into her name so service would continue
Defendant left a message for Brobst at his office. Her call was not
returned.
Defendant
learned indirectly by receiving a final bill from Dominion, the gas
company, Brobst had called the utility companies, at the behest of
Ms. Smith, to demand these be returned to her. Brobst and Ms.
Smith had also arranged for the bills to be returned to Defendant's
name on February 2, 2015. Defendant tried again to call Brobst.
Her call was not returned. The utility companies refused to discuss
what had taken place with her, saying this was confidential.
Defendant assumed Smith was going to move as her service, she was
able to confirm, ended on January 30, 2015. Smith had still not
moved as of February 26, 2015.
Brobst
had visited the house and handed the Defendant a copy of a NOTICE TO
LEAVE PREMISES BEFORE SUIT naming Ms Smith, with a note including
'other occupants.' He refused to talk to her saying he did not need
to know what had happened in any way.
Upon
examining the Notice Defendant noticed it had been faxed to the
recipient, presumably Robert Brobst, from the fax number
440-964-7710. Defendant ascertained this was the fax for David
Sheldon, Esq., by googling the number on the Internet. Defendant
was not named on the notice. (See - Exhibit 17 - Brobst Notice to Leave Premises )
Smith
had previously used notices in her attempts to force Defendant to
vacate the premises without settlement. To each of these Defendant
had responded and made attempts to settle. Ms. Smith had not
proceeded with a motion for eviction. (See Exhibits 14 & 15,
Brobst Letters)
Because
the utilities were to be returned to her name Defendant assumed
Brobst had decided he was willing to rent to her. Defendant sent a
fax to Brobst on January 22, 2015, with attachments, informing him
she was seeking other housing because she had discovered what
appeared to her to be a violation of ethics by him, Smith, David
Sheldon and thttp://justtheevidence.blogspot.com/2015/03/exhibit-15-brobst-letter-february-2.htmlhe other unnamed attorney.
Defendant
stated this in the letter sent to Brobst. In the same letter she
informed him she hoped to have alternative housing and be out by
February 13th.
Unfortunately, the unit was rented to another applicant. (See
Letters to Brobst, January 22 & Exhibits, February 2)
Defendant
learned during a visit to the Ashtabula Municipal website on
Thursday, February 12, 2015, that Smith had filed a motion the
previous day, February 11, 2015, Case No. 15CVF00096,
a Complaint in Forcible Entry and Detainer to have Defendant
evicted, continuing her attempts to evade her contractual
obligations from employment and agreements with Defendant.
Defendant's countersuit to the motion was filed with the court
February 26, 2015, to be heard on Monday, March 2, 2015 in Ashtabula
Municipal Court at 3PM. (See Exhibit 24 - Response to Complaint in
Forcible Entry and Detainer and Counterclaim)
Defendant
asked the Clerk of the Court who would be hearing the case and was
told the case would be heard by David Sheldon, acting as Magistrate.
Defendant
believes this violates the First Canon of the Code of Ethics for
Ohio, this being, “
A
judge shall uphold and promote the independence, integrity, and
impartiality of the judiciary and shall avoid impropriety and the
appearance of impropriety.” Defendant
had pointed out her discovery in the letter faxed to Brobst on
February 2, 2015.
If
Attorney Sheldon prepared a NOTICE TO LEAVE PREMISES BEFORE SUIT
form for Brobst, when the actual intent was to evict Defendant,
ignoring her contractual claims and in collusion with another
attorney, Brobst, and Smith then this an ethical violation in at
least two ways.
First,
it is an abuse of process, using a form of eviction to evade a civil
suit for fraud and violations of contract which applies to renters.
Second, it is being carried out covertly between multiple parties,
which appears to be conspiracy, which under the law pertaining to
2923.32 - Engaging in pattern of corrupt activity, subsections (1)
and (2).
Ms.
Smith is attempting to collect from Defendant an unlawful debt,
namely rent for housing which was supplied to Defendant as corporate
housing as an employee. Presumably, the cost of corporate housing
would have been deducted as a legitimate business expense. In so
doing Smith is attempting to evade payment of money Smith owes
Defendant. Smith is being aided in this by three parties, Brobst,
Sheldon, and another unnamed attorney. Defendant believes it is
likely Brobst has rented Smith the house to which she is moving.
Without question
this
incident
constitutes
a serious
breach of
the rules
establishing
proper Court
conduct;
rules
requiring
the
avoidance
of even
the
appearance
of
impropriety. It ignores the claims of
Defendant, her persistent attempts to achieve a settlement despite
the many threats, slanders, libels, and harm caused her by
Plaintiff. It also places two disabled individuals at risk of
homelessness.
Law and Argument
The Code of Judicial Conduct
The rules governing the conduct of the judiciary in Ohio are set forth in the Code of Judicial Conduct. In part, the Code states as follows:
“Canon 1
A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety…
Comment
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge.
[2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the code.
[3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the rule is necessarily cast in general terms.
[4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all.
[5] Actual improprieties include violations of law, court rules, or provisions of this code. The test for appearance of impropriety is an objective standard that focuses on whether the conduct would create, in reasonable minds, a perception that the judge violated this code, engaged in conduct that is prejudicial to public confidence in the judiciary, or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge.
Canon 2
A Judge shall perform the duties of judicial office impartially, competently, and diligently.
RULE 2.2 Impartiality and Fairness
A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.
RULE 2.11 Disqualification
A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:
The judge has a personal bias or prejudice concerning a party or a party’s lawyer, or personal knowledge of facts that are in dispute in the proceeding.
Comment
[1] A judge is responsible for his or her own conduct and for the conduct of others when those persons are acting at the judge’s direction or control. A judge may not direct court personnel to engage in conduct on the judge’s behalf or as the judge’s representative when such conduct would violate the code if undertaken by the judge.
[2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly.”
An Appearance Of Impropriety Exists
Without doubt, the heart and soul of the Code
of Judicial Conduct is set forth in
Canon 1, which mandates that a judge must avoid even the appearance
of impropriety.
Comment 5
to the
Canon
makes it
clear that
the test
determining
whether
the
appearance
of impropriety exists is objective, and
focuses on whether the conduct would create,
in reasonable minds, a perception that
the judge’s actions
may constitute a violation of the
Code’s provisions.
In other words, the test is extremely broad, and obviously
advocates
that judges err on the side of caution
when considering how their actions may appear
to the general
public.
Conclusion
By reasonable measure, an appearance of
impropriety is present in these
proceedings. The language of the Code
of Judicial Conduct, argue that the integrity of these proceedings
cannot be
reasonably questioned. With due
respect, presiding Magistrate Sheldon
must
recuse himself and make proper
arrangements with the Ohio Supreme Court for
a
successor
judge.
Respectfully
submitted,
[[E-SIGNATURE]]
Melinda Pillsbury-Foster
Litigant, Pro Se
525 Bunker Hill Road
Ashtabula, Ohio 44004
REQUEST FOR A HEARING
Movant respectfully requests this Court to
hear, consider and determine this
Motion on a
date prior to any hearing on the matter when all
interested
parties and
counsel
will be in Court. She therefore asked
the hearing scheduled for Monday, March 2, 2015 at 3:00pm be
rescheduled so the recusal can be heard.
Saturday, March 28, 2015
Character Reference - Melody Gillespie
Melody
Gillespie, R. N.
xxxxxx Road xxxx
xxxxxxxxxxx,
California 93267
559-xxx-xxxx
I
have known Melinda Pillsbury-Foster and her son, Arthur, since 2006.
We have worked together on projects related to politics and also
guested on each others radio shows. In addition, we have seen each
other with our families socially and spent time together at the cabin
and at my home in Porterville.
I
know her to be honest, reliable, kind, and hardworking. She has been
supportive of me when I needed it and through the years we have kept
in touch and continued to work together on projects.
Melinda
is an excellent cook and I have enjoyed sitting down at her dining
room table at the cabin to various kinds of meals. She has also
helped me prepare meals at the home I share with my husband in
Porterville.
We
share many friends in common and in each instance I know Melinda is
respected for her work and for the care she gives to her son,
Arthur.
Signed,
March 28, 2015
[e-Signature]
_____________________
Melody
Gillespie, R. N.
Thursday, March 26, 2015
Exhibit 54 - Character Reference - Marian Replogle
Exhibit 54 – Character
Reference – Marian Replogle
Melinda
I met Melinda while attending Santa
Monica College. We were involved in the karate club there and
attended Young Republican meetings together.
Melinda introduced me to her parents,
younger brother and baby daughter Carolyn (who has since changed her
name to Morgan). Melinda was always talking about Carolyn, bragging
about how smart she was and the baby milestones she had achieved.
Carolyn slept in a crib in Melinda’s room while Melinda was living
with her parents in West Los Angeles. One particular event that
sticks in my mind was when Melinda and I took Carolyn Trick or
Treating. It was a perfect October evening, not too cool, and the
leaves had fallen on the sidewalks in the neighborhood. Carolyn was
2 or 3, and she had a lot of fun that night collecting candy as well
as kicking the leaves as we walked.
Melinda and I took a square dance class
and then joined a single young adult square dance club. We had a lot
of fun with that group. I also joined her occasionally when she
attended a local church, and it was at this church that she later
married her boyfriend Ron whom she had met at Santa Monica College.
Former resident of West Los Angeles
Tuesday, March 24, 2015
Exhibit 26 - Craig's Incest Porn - Back Up!
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