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The Gene Forte Saga by David Bresnahan

 

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THE GENE FORTE SAGA
by David Bresnahan

PART 4 -- Forte: Crystal Powser Declaration Shows Pattern of Corruption

PART 3 -- Newspaper's Mis-statement Of Fact Distorts Public Perception

PART 2 -- Man Acting As His Own Attorney Holds Corrupt Courts At Bay

PART 1 -- Forced To Be His Own Lawyer


 



Forte: Crystal Powser Declaration
Shows Pattern Of Corruption

PART 4

by David Bresnahan

MONTEREY, Calif. -- A dramatic declaration filed in Gene Forte vs. Judge Robert O'Farrell resulted in an historic halt to an unrelated Commission on Judicial Performance (CJP) hearing of Santa Barbara Superior Court Judge Diana R. Hall.

Forte alleges corruption within the Monterey County Superior Court, and the sworn declaration by Crystal Powser was submitted in his case as supporting evidence.

The CJP stopped the Hall inquiry after learning of the alleged comments by Monterey County Superior Court Judges Michael S. Fields about Judge Russell Scott and Judge Robert O'Farrell contained in the Powser declaration. Fields is one of three judges, known as "special masters," investigating the conduct of Hall. The other two are San Mateo Superior Court Judge Mark Forcum and Santa Clara Superior Court Judge George Abdallah.

Powser claims she was invited by Fields to the Pierpoint Inn in Ventura, where he and the other special masters were meeting.

"Judge Fields said that they already decided she (Judge Hall) was guilty of all three allegations," said Powser in her declaration. She also described sexual advances she claims Fields made, which she spurned.

Fields, Scott and O'Farrell have declined comment on the allegations, according to media reports.

The declaration caused a legal reaction that sent a tsunami through the entire California legal system, not because of the sexual allegations as described in media reports, but because of the description of court case fixing, according to Forte. The reaction was to bring a judicial hearing to a halt, dismiss the special masters, and the declaration was stricken from the record and sealed.

The judicial commission chairman, Santa Monica attorney Marshall B. Grossman, wrote in his order that the allegations "suggest at least the appearance of impropriety." He said it was necessary to appoint new masters so that the case may "proceed free of questions concerning their fundamental fairness to all concerned."

"The declaration by Crystal Powser was so damaging to the ‘good old boy network' that they had to eliminate it from the record, yet at the same time they dismissed all the special masters. Fear and intimidation are the tools used by the judicial system to maintain their positions of control and power. They are learning those tactics do not work with me," commented Forte.

"The reaction of California Attorney General Bill Lockyer was not to conduct an investigation into the allegations in my case and in the Powser declaration, but instead he took immediate action to cover up that evidence and prevent it from becoming public knowledge," said Forte.

Lockyer successfully filed on behalf of Judge O'Farrell, defendant in Forte vs. O'Farrell, an ex parte application to strike the declaration as "irrelevant and scandalous." Forte says, "It was a sham ruling that now has implicated Judge Golden in the cabal. Any legal scholar looking at it wouldn't agree with the ruling"

This is not the first time Powser has provided evidence of wrong-doing by court officials.

In an unrelated complaint by Powser, former Monterey Superior Court Commissioner Richard Rutledge resigned when Powser claimed Rutledge was involved in fixing traffic tickets for friends. No charges were ever filed against Rutledge, but the investigating committee had announced there was sufficient cause to refer the case to the CJP.

Powser worked as a clerk in the Monterey County Courts for 16 years and received meritorious commendations for her excellent service.

For radio interviews or comments, contact:
David@Bresnahan.com


Newspaper's Misstatement Of Fact
Distorts Public Perception

PART 3

by David Bresnahan

Despite reports in the Monterey Herald, Gene Forte was not declared a vexatious litigant by the Monterey Superior Court.

"Court records indicate they, in turn, have questioned his mental stability and labeled him a ‘vexatious litigant,' limiting his ability to file future lawsuits," reported the Monterey Herald on Dec. 4, 2005.

"Judge John Golden ruled that Gov. Arnold Schwarzenegger and Attorney General Bill Lockyer had no legal standing to even bring the motion in the first place. They did not succeed in their effort to declare me a vexatious litigant. The Monterey Herald has shown that they are in collusion with Schwarzenegger and Lockyer by their failure to report accurately, and by their failure to print a correction," said Forte.

Forte vs. O'Farrell is a lawsuit Forte filed against Monterey Superior Court Judge Robert O'Farrell, Dist. Attorney Dean Flippo, and others with charges of corruption.

"Lockyer should be investigating O'Farrell and others, but instead he has come to their defense as their lawyer. I am not intimidated when the ‘good old boys' team up against me," said Forte.

Forte filed his suit in Dec. 2004, and a few weeks later Lockyer came in to defend O'Farrell.

"They are trying every trick in the book to avoid actually responding to the facts in the case. They do not want to have to defend themselves against the corruption activities I have charged them with, because there is no defense. They think they can use their influence to get the case dismissed. They have never faced someone like me who has the facts, and support from his family and the determination to fight all the way," said Forte, who is a nationally prominent executive recruiter.

The report in the Monterey Herald implied that Forte's source of income was in question, even that paper published an article about him previously which stated that he is an executive recruiter.

Schwarzenegger and Lockyer, in their individual capacity filed the court document to have Forte declared a vexatious litigant in May, 2005. It was not only a futile effort but an improper one, according to the court and Forte.

Golden ruled in favor of Forte. It was a major legal victory for an average citizen with no attorney who was representing himself, but the Monterey Herald reported exactly the opposite. Golden refused to correct what even he called a misleading title of the order denying Forte a vexatious litigant. Forte says it was a set up between Golden and the good old boys to try and conceal the truth from the public.

Although his foes have tried to declare him a vexatious litigant they failed. Contrary to the report in the Monterey Herald, Forte has not been limited in his ability or right to file a lawsuit in any way.

"The Monterey Herald had several documents and letters in their hands since June 30, 2005 that informed them that I had not been declared a vexatious litigant. It was a wanton reckless disregard of the truth by Knight Ridder, similar to what Dan Rather was forced into retirement for," said Forte.

The report in the Monterey Herald was carried on the front page of a Sunday edition. In the article Forte is portrayed as mentally unstable. O'Farrell is quoted making disparaging remarks against Forte, with no response from Forte. O'Farrell's remarks appear to be used only to further paint an inaccurate picture to the public of Forte's character and the facts in the case, according to Forte.

"It is very likely the Monterey Herald will learn first-hand that I have not been limited in my ability, because I am very likely to take legal action against them for what they are trying to do to my reputation and character," said Forte.

On Friday, Dec. 16, 2005 the Monterey Herald printed a correction to the story, blaming court records for the error. However, a reading of the court records resulted in the correction. It was not an error in the records, but a disregard of the truth by the reporter that produced an inaccurate story, said Forte.

The correction stated: "Due to an error in court records, an article on page A1 on Dec. 4 regarding allegations against a local judge incorrectly stated that Eugene Forte had been declared a vexatious litigant in Monterey County Superior Court. The state Attorney General's Office filed a motion asking that Forte be declared a vexatious litigant, and that his ability to file future lawsuits be restricted. The motion was denied. A subsequent entry in the court record erroneously indicated the motion was granted."

There was no clarification made by the paper regarding statements about Forte's mental ability, his source of income, or his character. Although the original story was carried on the front page on a Sunday, the correction was hidden away deep within a Friday edition where it would not be noticed by the average reader.

For radio interviews or comments, contact:
David@Bresnahan.com



Man Acting As His Own Attorney
Holds Corrupt Courts At Bay

PART 2

by David Bresnahan


Summary: Sometimes it is the little things that defeat the bad guys, says Gene Forte. He compares the evidence he now has about public officials and judicial corruption to what put Al Capone behind bars.


MONTEREY, Calif. -- Gene Forte, who is acting as his own lawyer, believes he has a strong case to prove corruption in the highest offices in the State of California.

Forte has charged Gov. Arnold Schwarzenegger, Attorney General Bill Lockyer, judges for the Monterey Superior Court, other public officials, as well as members of the local Monterey media with corruption. He compares his legal battle with the method used to ultimately catch Al Capone.

"This is the Achilles heel of my adversaries. It can be compared to what happened to Al Capone. He did not go to jail for all of the murders. He went to jail for tax evasion. What will bring them down is the fact that the small claims case of Forte vs. Flippo can be shown without a reasonable doubt to have been fixed by Flippo and Commissioner Rutledge," said Forte.

Forte filed a lawsuit against Monterey Superior Court Judge Robert O'Farrell. Separately, a month before, he had filed a small claims suit against Monterey District Attorney Dean Flippo and Assistant Deputy District Attorney Terry Spitz.

Forte says the dirty tactics used to get his small claims case dismissed were more than dirty -- they were illegal. He says those tactics were so blatant, and so easy to document and prove, that it will ultimately be the undoing of the officials involved.

The complicated nature of his corruption charges are simplified by the Forte vs. Flippo case, which Forte believes will enable average citizens to more easily understand what has taken place. The events of this case are many, but summarized below:

Forte filed the small claims case on Nov. 19, 2004, and the certified letter to the defendants was mailed to them on Nov. 24, according to court records. Interestingly the defendants signed for that mailing before it was even mailed. They signed on Nov. 19, the very same day it was filed.

The case was assigned to be heard by Commissioner Richard Rutledge on Jan. 5, 2005. At that time Rutledge refused to disqualify himself from the case as requested by Forte. According to Forte the law requires a commissioner not hear a case if both parties do not agree to the commissioner. This resulted in a Challenge for Cause to be filed by Forte to seek disqualification of Rutledge. An order was issued denying the Challenge for Cause, "by what purports to be a part time judge or traffic commissioner in Stanislaus County. I was not notified in any way who was assigned to decide the Challenge for Cause," said Forte.

On April 27, 2005 Forte filed with the court a change of address notice. On May 16, 2005 the court set a trial date for May 23, 2005. The court date was set by Rutledge and a notice was mailed to Forte's old address. This information is a matter of record and shows in the court file registry.

Forte was not at the court on May 23 because he never received the notice. Rutledge was also not there. Commissioner Diana Baker took his place and entered a default judgement because of the non-appearance of Forte. Forte says that setting the court trial date just 7 days from May 16 to be heard May 23 was evidence of corruption by setting up a default judgment for Flippo against Forte. He said it was also a corrupt system that allegedly sent the trial notice to his old address instead of the new one. He never received it even though there was a U.S. Postal forwarding in place to his new address. Forte also pointed out that Rutledge was not the trial judge at the hearing and replaced himself with another judge who had no idea what was going on in order to insure that a default judgement would be the outcome.

According to court records on July 18, 2005, a Notice of Entry of Judgement was mailed to Forte's old address. That notice was not received by Forte until early September 2005.

Forte became aware of the default judgment only when he wrote a letter to Deputy Dist. Attorney Terry Spitz in which he complained of a conflict of interest of Flippo who was conducting an investigation of Rutledge concerning ticket fixing and obstruction of justice in a separate case unrelated to Forte. Spitz responded with a letter telling Forte of the default judgement. Rutledge was the judge in Forte's case against Flippo and Spitz, yet separately, Flippo was investigating Rutledge.

On Oct. 12, 2005 the files pertaining to Forte vs. Flippo were missing from the court records, according to Monterey Superior Court clerk, Diana Valenzuela. On Oct. 21, 2005, the records were suddenly found after Forte sent letters to the Monterey Superior Court judges and the District Attorney offices. Still missing from the file is the change of address notice filed by Forte. However, Valenzuela, confirmed that the document does show up as being filed in the file registry of the court. Forte points out that the Presiding Judge of the court is none other than O'Farrell, who Forte is suing in a separate case.

"The evidence is both reliable and substantial. It indicates that Dist. Attorney Flippo, Assistant Dist. Attorney Spitz, Commissioner Rutledge, and other parties conspired to, and in fact did, obstruct justice in the case. The default judgment was ‘fixed' by the setting of a trial within seven days of the order signed by Rutledge. It was then allegedly mailed to an old address. No judge gives a seven-day notice of a trial," explained Forte.

Forte has issued a demand for federal intervention citing Title 18 U.S.C. Section 3. He believes the Monterey Superior Court, and the offices of the Attorney General, Dist. Attorney, and even the Governor of Calif. have all been involved in a conspiracy to conceal the public official corruption. Even though Forte has spent well over $1.5 million dollars and five years in documenting the fixing of a real estate case, it is the small claims case fixed by Flippo and Spitz to avoid paying a $35.00 filing fee that is going to be their Achilles Heel for them all. "It is the same thing that happened to Al Capone, it wasn’t the major crimes, it was the small stupid one that nailed him," Forte says. He has asked the federal government to step in and take control of those offices.

"It will show the DA covering up the evidence of his own obstruction of justice in his own case while conducting an investigation of Rutledge which he could not conduct. It will show that all the Monterey Superior Court judges knew about it, and it will show that Gov. Schwarzenegger, AG Lockyer, and State Senator Jeff Denham knew all about it due to my mailing the information to them. It will show that the FBI knew about it and confirmed it was a crime, but did nothing about it. It will show that the Monterey media knew about it and said nothing about it. The common man can understand a small claims action and how it got fixed," explained Forte.

Forte filed a lawsuit against O'Farrell, Flippo, and others with charges of corruption in the Monterey Superior Court. Such charges merit an investigation by the Calif. Attorney General, according to Forte.

"Lockyer should be investigating O'Farrell and others, but instead he is their lawyer. He is defending them. O'Farrell has messed up so badly that he has turned to the head lawyer of the state for his defense. Maybe he thinks that will intimidate me, but what it really shows is that he is the one who is scared. That shows without question that the ‘good o'le boy' network is taking care of its own," said Forte.

On Aug. 31, 2004 Forte wrote and won an appeal detailing the corruption of the Monterey Superior Court. He requested that the Calif. 6th Appellate Court abide by the law and report the matter to authorities. He was ignored.

"The law requires that there be an investigation and a referral of the matter to a State Grand Jury. They have ignored that and did nothing. That shows that the 6th Appellate Court Justices are now a party to covering up the corruption I am trying to bring to light," said Forte. "The system of checks and balances put in place to protect the people, is inoperative."

On Nov. 16, 2005 Forte made Calif. legal history when a declaration from a witness was submitted to the court in Forte v. O'Farrell. The declaration caused so much concern that the Calif. Attorney General had it stricken from the record and sealed a few days later.

Why? Perhaps because the declaration provided sworn testimony from an eye witness that judges in the Monterey court conspire to fix the judicial assignments and outcomes of court cases.

 "The declaration by Crystal Powser, among other things, alleged that she was told by Judge Michael Fields that he and the other judges involved in the investigation of Santa Barbara County Judge Diana Hall had determined in advance to find her guilty. It was clear evidence that case fixing and corruption was going on as I had charged at the highest levels," said Forte.

 Forte forwarded copies of the Powser declaration to most of the Calif. media and sent it out on the press wires prior to Lockyer having the document sealed. The Calif. media focused on the claims in the declaration of unwanted sexual advances towards Powser, and the more significant claims of corruption were virtually ignored.

"Their biggest problem is that I won't go away," said Forte. "Their tactics may work to intimidate others, but not me."

So Gene Forte, without a lawyer, continues his fight. A "David vs. Goliath" battle that has Goliath on the run.

Forte maintains a web site with detailed information and document pertaining to his legal battle at www.AttorneyBusters.com.

Forced To Be His Own Lawyer

by David Bresnahan

PART 1

No California Attorney
Would Help Him Fight Judicial Corruption


Summary: Gene Forte is not a lawyer, and most observers expected him to fall flat on his face, but he is gaining success and making legal history. This "average guy" is fighting what he says are corrupt officials at all levels, and doing it alone because lawyers are too intimidated to get involved. By David M. Bresnahan


MONTEREY, Calif. -- "You can't fight city hall," or so the saying goes, but Gene Forte is proving that saying to be wrong.

Forte has been doggedly pursuing a legal battle to show that Calif. Gov. Arnold Schwarzenegger, Attorney General Bill Lockyer, judges for the Monterey Superior Court, other public officials, as well as members of the local Monterey media are and have conspired to fix the outcome of court cases, and then conceal their corruption from the public.

The claims are not new. Many average citizens from all over the country have often complained of similar corruption. It is rare for an attorney to take on such a case, because of fear of the retribution, and the belief that the corruption is too tough to prove.

That is why Forte took on the challenge of doing his own legal work, "pro se." He could not find an attorney willing to risk his own career in pursuit of a case that most believe cannot be won. Attorneys said they had to “throw him to the lions to save themselves,” according to tape recordings in court evidence.

"The ‘good o'le boys' are so well entrenched throughout all levels of government that they control everything. They think they can stop anyone who challenges them, but I have the evidence that will bring their tyrannical reign of power to a halt. Perhaps for the first time, they are actually scared," Forte said.

Forte filed a lawsuit against Monterey Superior Court Judge Robert Robert O'Farrell, Dist. Attorney Dean Flippo, and others with charges of corruption in the Monterey Superior Court. Such charges merit an investigation by the Calif. Attorney General, but instead Lockyer is acting as O'Farrell’s defense counsel in what may be regarded as a very historic case.

"Lockyer should be investigating O'Farrell and others, but instead he is their lawyer. He is defending them. O'Farrell has messed up so badly that he has turned to the head lawyer of the state for his defense. Maybe he thinks that will intimidate me, but what it really shows is that he is the one who is scared. That shows without question that the ‘good o'le boy' network is taking care of its own," said Forte.

On Aug. 31, 2004 Forte won an appeal overturning a ruling of O’Farrell and detailed with supporting evidence the corruption of the Monterey Superior Court. He requested that the Calif. 6th Appellate Court abide by the law and report the matter. He was ignored.

"The Canon of Judicial Ethics requires that the substantial and reliable evidence against the judges be reported for investigation by the appellate justices. They ignored that and did nothing. That shows that the 6th Appellate Court justices are now aiding and abetting the corruption I am trying to bring to light," said Forte. "The system of checks and balances put in place to protect the people, is inoperative."

So, with no help from the corrupt court system in sight, Forte filed a lawsuit against O'Farrell, Flippo, and others. His suit outlines significant corruption by court and public officials.

The suit was filed in Dec. 2004, and a few weeks later Lockyer came in to defend O'Farrell.

It was not long before the "good o'le boys" teamed up to try and shut Forte down by claiming that he was a "vexatious litigant." They failed, and got a lot of egg on their face as a result. It was a major legal victory for an average citizen with no attorney. A "David" going up against a "Goliath."

Schwarzenegger and Lockyer, in their individual capacity filed the court document to have Forte declared a vexatious litigant in May, 2005. It was not only a futile effort but an illegal one. The tactic usually works, but in this case the retired judge John Golden ruled that Schwarzenegger and Lockyer had no legal standing to even bring the motion in the first place. It was similar to Schwarzenegger and Lockyer driving the wrong way down a one-way street. Forte says, “it was no stupid mistake.”

"I asked Judge Golden to take the next step and report what happened to the Federal Grand Jury for investigation, but he did nothing," said Forte. "He agreed with my defense. There was not one scintilla of evidence that I was a vexatious litigant. It was done because I had requested the grand jury to investigate the public official corruption. Golden did not have the guts to pursue the investigation, and therefore now is also linked to the corruption. It is like the tar baby syndrome."

Forte made other attempts to get his charges of corruption investigated. He spoke at the nomination proceedings of Monterey Superior Court Judge Wendy Duffy to the 6th Appellate Court. He asked that Chief Justice Ronald George, according to his Judicial Canon of Ethics responsibilities, request an investigation of the corruption within the Monterey Superior Court. Forte's request was made directly to Lockyer, Chief Justice Ronald George, and Presiding Justice Conrad Rushing who took no action.

"It shows that they closed their eyes to the very corruption they should be investigating," said Forte.

He is keeping a positive outlook on such challenges to his efforts.

"Each time they do something like this, it just adds more evidence to the extent of the protectionism and corruption going on at all levels of our judicial system," he explained.

Forte filed a small claims case against Flippo in November 2004, for not returning witness fees Flippo had been paid. In Aug. 2005 Forte notified the Monterey Superior Court that Flippo had a conflict of interest in another case. Flippo was investigating Commissioner Richard Rutledge for obstruction of justice in fixing traffic tickets.

"It seemed rather obvious to me that Flippo could not be a defendant in a case that was being tried by Rutledge, and then at the same time investigate Rutledge for obstruction of justice. However, they did nothing about it, which only shows the extent to the abuses that are going on," said Forte. "Until now the public has had no knowledge about any of this."

In an effort to leave no stone unturned, Forte even notified the FBI of his charges of obstruction of justice by Flippo and Rutledge. So far his complaint has been ignored.

On Nov. 16, 2005 Forte made Calif. legal history when a declaration from a witness was submitted to the court in Forte v. O'Farrell. The declaration caused so much concern that the Calif. Attorney General had it stricken from the record and sealed.

It also resulted in the sudden and immediate stay of a separate legal proceeding against Santa Barbara County Superior Court Judge Diana Hall.

The action was historic, simply because nothing like this has ever happened before.

"The declaration by Crystal Powser, previously a 16 year employee of the Monterey Superior Court, alleged that she was told by Monterey Superior Court Judge Michael Fields, who was the Special Master with the other judges involved in the investigation of Hall, had determined in advance to find her guilty. It was clear evidence that case fixing and corruption was going on as I had charged," said Forte. “It was a judicial hit squad sent out by Chief Justice George and the CJP to give pay back to Judge Hall for standing up to DA Tom Sneddon and the other good o'le boys who prosecuted Michael Jackson,” Forte says.

The Powser declaration was filed in a separate case from what was going on with the Hall inquiry, but the positive impact on the Hall proceeding, and the devastating impact on the other judges in Monterey panicked Lockyer into stepping in to immediately remove the declaration from the legal record, according to Forte.

Prior to the document being sealed, Forte had already forwarded copies to most of the Calif. media and sent it out on the press wires. The Calif. media focused on the claims in the declaration of unwanted sexual advances towards Powser, and the more significant claims of corruption were virtually ignored. Forte says he understands that it is difficult for the media to imagine that an in pro per is taking down the big boys, but believes the attitude will change as it has for many attorneys that have now been looking at what they say is Forte’s substantial and impressive legal work.

Forte requested that Judge Golden contact federal authorities for the purpose of taking over the Monterey Superior Court, the office of the Governor of Calif., the office of the Calif. Attorney General, Chief Justice George, and the office of the CJP. When Golden refused to do so, Forte requested the judge to submit himself for citizen arrest, which he also refused to do.

"Their biggest problem is that I won't go away," said Forte. "Their tactics may work to intimidate others, but not me. I know that when I defeat them I also send a message to all the other corrupt judges and elected officials all over the country. They are in a position of public trust. They have broken that trust and abused their authority."

So Gene Forte, without a lawyer, continues his fight. A "David vs. Goliath" battle that has Goliath on the run.

Is it true that judges conspire to fix the outcome of court cases, and that they and other public officials resort to dirty tactics to cover their deeds and maintain their positions of control and power? Is it true that at times small town newspapers are in bed with the public corruption? Forte says it takes place in every major city across the United States.

Forte not only plans to win in court, but he has a film crew recording events in the case for a future documentary. He hopes that publicity about his case will help others to have courage and fight the same battle wherever they encounter the "good o'le boys" and their corrupt practices.

Forte maintains a web site with detailed information and document pertaining to his legal battle at www.AttorneyBusters.com.

Next week, part 2 - "Citizen Lawyer in California Gains Upper Hand: Says Corruption is Running Scared"

For radio interviews or comments, contact:
David@Bresnahan.com

Reprinted with permission: © 2005 NewsWithViews.com
 

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