STATEMENT OF DEFENDANT ON JANUARY 27, 2016
|COMMONWEALTH OF PENNSYLVANIA
||#3166 EDA 2015
||#3234 EDA 2015
The criminal allegations are unfounded.
I have not previously and do not intend to waive any rights under Pennsylvania Law, the Pennsylvania Constitution or the Constitution of the United States.
I have not signed any Waiver of Counsel. There has been no colloquy. The inability to be represented by counsel is affected by an improperly enacted and collaterally unconstitutional Rule 1.6 Confidentiality of Information.
Rule 1.6 causes the complete and absolute denial of any protection of the law and all constitutionally protected rights ere ignored.
My appearance at this, or any, proceeding should not be misconstrued in any way to suggest or indicate any waiver of any protection of the law or the constitution of the Commonwealth of Pennsylvania which provide for the jurisdiction of the courts.
There are currently two pending appeals in this matter.
1) Filed on October 20, 2015, relating to the Order of October 14, 2015, seeking the full Statement of Jurisdiction for the Court in this matter.
– Opinion filed neglects to indicate or address jurisdiction.
2) Filed on October 27, 2015, relating to the Order of October 22, 2015, seeking IFP status for transcripts required for the prior Appeal relates to a verbal Order of the Court was made on
– Opinion filed fails to address ANY relevant issue.
The Court Record transmitted to the Superior Court is grossly inaccurate and incomplete.
Pursuant to Rule 521 of the Rules of Appellate Procedure, the Pennsylvania Attorney General has been notified that the Appeals relate to and challenge the constitutionality of a statute.
CLERK OF COURTS
Documents filed by the Defendant with the Clerk of Courts when provided to the Court (and not misrouted) have been modified with a cover sheet which identifies the Statements of the Defendant as PRISONER CORRESPONDENCE. An INCORRECT and slanderous MIS-CHARACTERIZATION of the Defendant.
Upon filing a document indicating the discrepancies on the Court Docket with this Court (and with the Superior Court of Pennsylvania), the Clerk of Courts has refused to provide the printed Court Docket to the Defendant.
Prior to noting the discrepancies in the Docket, the Clerk had provided the printed Docket when requested.
Since filing regarding the discrepancies, the Clerk has insisted upon payment of $1 per page suggesting the printed Court Docket is a ‘copy’ which is assessed a ‘per page copy fee’.
Defendant is currently In Forma Pauperis in this matter and cannot afford the fees for the printed Docket.
The Clerk of Courts has NOT RESPONDED to the discrepancies reported.
The District Attorney has NOT RESPONDED to the discrepancies reported.
The Clerk of Courts has been unable to identify the veracity of ANY document.
The Clerk of Courts has been unable to indicate the methods by which ANY document is authenticated or verified for inclusion on the Court Docket.
FAILURE TO PROVIDE INVESTIGATION DOCUMENTS
The District Attorney has neglected to provide documents secured in the investigation by search warrant which demonstrate the innocence of the Defendant.
Those documents further demonstrate and support the narrative of abuse of power under color of law by the District Attorney et al which dates back over 10 years.
Those documents demonstrate the erroneous nature of the investigation and criminal allegations and must be provided to the Defendant.
The Defendant has requested all investigative materials to prepare his defense. The Request for those documents which should have been included in the “INFORMATION” has been ignored.
Defendant requests to be provided with any emails, letters, documents, contracts or agreements between the District Attorney and any other person, party or organization which prevents the prosecution of crimes against the Defendant, including but not limited to fraud, theft, and threats to murder the Defendant or efforts which deny the Defendants rights protected by the Constitution of the United States.
The Defendant hereby incorporates all prior Statements, in their entirety, filed regarding this matter:
STATEMENT OF DEFENDANT ON APRIL 9, 2015
Letter to District Attorney / PA Attorney General
STATEMENT OF DEFENDANT ON JUNE 10, 2015
Letter to PA Attorney General / District Attorney / Sheriff
STATEMENT OF DEFENDANT ON AUGUST 10, 2015
STATEMENT OF DEFENDANT ON SEPTEMBER 16, 2015
STATEMENT OF DEFENDANT ON OCTOBER 14, 2015
STATEMENT OF DEFENDANT ON NOVEMBER 18, 2015
The District Attorney has failed to respond to any issues raised in the statements including those which address the deliberate failure to adhere to the Rules of Criminal Procedure, and those actions which deny the constitutional rights of the Defendant.
FAILURE TO PROCEED WITH THE ISSUES OF THE MATTER
The proceeding on January 27, 2016, represents another effort by the District Attorney to harass the Defendant by requiring an appearance in Court for which the District Attorney is unprepared and has deliberately acted to prevent the proper defense preparation by the Defendant.
Since the Defendant was arrested from his mother’s home on March 13, 2015, the defendant has been prevented from freedom of movement, and any effort to return to his home is prevented by the bail arrangement.
During this time, the persons who have stolen the residence of the Defendant by fraudulent conveyance have collected the title insurance ($400,000.00); and improperly used his property as collateral in a loan for Over $375,000.00; provisioned planned and trained to murder the Defendant in a letter to the District Attorney; among the false testimony provided to police and the Court.
Defendant has been kept homeless and destitute while forced to defend himself in constant and unrelenting litigation in every level of state and Federal Courts.
A REQUEST FOR INVESTIGATION has been filed concurrently with this Statement with copies to the Pennsylvania Attorney General.
FAILURE TO FOLLOW THE RULES OF CRIMINAL PROCEDURE
There has been no effort demonstrated by the District Attorney to adhere to the Rules of Criminal Procedure.
FAILURE TO RESPECT CONSTITUTIONAL RIGHTS
There has been no effort to respect the Defendants rights which are protected by the US Constitution and the Pennsylvania Constitution.
IMPROPER CONDUCT BY PRIVILEGED DEPARTMENTS / PERSONS
There has been a repeated effort to utilize improper actions, and manipulative efforts and deeds by persons, and departments within the Courthouse, with whom the District Attorney has an attorney-client relationship and a mandate of confidentiality.
Those actions which neglect or directly violate the Rule of Law, and deny the constitutional rights of the Defendant are prevented from being addressed by the District Attorney pursuant to Rule 1.6 Confidentiality of Information – which is a broad confidentiality mandate which includes the attorney-client privilege.
The confidentiality mandate demonstrates the denial to the defendant of the protection of the Rule of Law and rights protected by Constitutions.
AFFECTING SUBSTANTIVE RIGHTS
As Rule 1.6 Confidentiality affects the substantive rights of a Defendant, the Supreme Court of Pennsylvania was without proper authority to enact the Rule pursuant to Article V Section 10(c).
IMPROPERLY ENACTED AND UNCONSTITUTIONAL
Rule 1.6 Confidentiality of Information has been improperly enacted and is unconstitutional. As such, it can provide no defense for those who deny, subvert or ignore the constitutional rights of the Defendant.
REALIZATIONS / EXPECTATIONS
The efforts of the District Attorney to prevent investigation and prosecution of crimes ANY AND EVERY crime reported by the Defendant while excusing and endorsing those who continue to commit crimes against the Defendant are well documented. Any explanation for those actions remains unanswered.
Whether unanswered due to attorney client privilege, or where information has been deliberately concealed by grand jury, the actions and inactions of the District Attorney have placed the life of the Defendant in immediate and constant jeopardy and created a situation from which the Defendant can find no relief or resolution.
Additionally, the actions which exacerbate the crimes committed against the Defendant provide for MOTIVE which is clearly established for
– those involved in the crimes involving the Defendants property face the risk of criminal prosecution for their false reports, fraud, the fraudulent conveyance, insurance fraud, death threats, etc.
– those involved in the improper, unlawful and corrupt actions within the Courthouse can be further intimidated and manipulated into further corrupt acts against the Defendant.
The continued use, intimidation and abuse of persons, departments, agencies, contractors and businesses deliberately selected for involvement where under the protection of attorney-client relationship and the unconstitutional confidentiality it accords threatens the life of the Defendant, and those around him.
These corrupt efforts undermine the Rule of Law and undermine the independence of the judiciary. They permit injustice to be ignored without regard for human life, human rights, constitutional rights, ethics or morality.
The Defendant would prefer resolution to facing the remainder of his life in fear and under threat. Every effort of the Defendant demonstrate that intention and preference.