Darcy.Smith@usdoj.gov

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Censor, Darcy Smith, Department of Justice, DOJ, Howard Matz, malicious and willful, Speech, threatening, U.S. Marshal

Date: Fri, May 18, 2012 at 6:21 PM
Subject: The situations.
To: Darcy.Smith@usdoj.gov

Dear Darcy Smith,

Needless to say I am very upset with your coming to my home and threatening me, and censoring http://www.ahowardmatz.com but I thought I might reach out to you and all concerned parties in hopes of resolving these situations.

If you would like to talk with me feel free to reply to this email address with any questions on how you think we can resolve our differences. If I do not hear back from you I will assume your intent was malicious and willful and that you have no desire to talk, only to threaten me and censor my speech further.

A fair probability…

Tags

A. Howard Matz, Alex Kozinski, California, Central District, corruption, cover up, Darcy Smith, Debra Wong Yang, Department of Justice, Federal Judge Matz

“A fair probability” is that Judge Kozinski and Judge Matz engaged in witness tampering, inter alia.  See United States v. Garcia-Villalba, 585 F.3d 1223, 1233 (9th Cir. 2009) (“Probable cause means only a fair probability, not certainty, and requires consideration of the totality of the circumstances.”) (internal quotation marks omitted); see also Illinois v. Gates, 462 U.S. 213, 238 (1983); United States v. Bishop, 264 F.3d 919, 924-25 (9th Cir. 2001).

A Fact however is that the computer server containing the files in question was on Kozinski’s  office computer, meaning office property of the U.S., and was used to break laws, according to the ongoing cover up of the Sutcliffe Case. But that is just this authors specific-observation from a unusual perspective.

They did it, I know you understand.

A Judge Howard Matz malicious and sadistic standard of justice.

Tags

A. Howard Matz, Central District, cover up, Darcy Smith, Department of Justice, DOJ, Federal Judge Matz, Fraud on the court, fundamental rights, government, Howard Matz, Jeffry Raymond Cugno, Judge Matz, Selective Prosecution, torture, usa vs steven william sutcliffe

“A pretrial post-arraignment detainee’s rights under the Fourteenth Amendment are comparable to a prisoner’s rights under the Eighth Amendment, Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998), so, post-arraignment, the Eighth Amendment “malicious and sadistic” standard applies.”

But not in the courtroom of Judge A. Howard Matz!

Judge Howard Matz:

You have one, two, three, four, five different police officers at the Manchester Police Department.  Five cops who witnessed this torture? Five cops who saw this go down, and did nothing? Five cops who will testify the F.B.I stood by and watched this and laughed?

Killercop:

Yes, Your Honor.

Judge Howard Matz:

That’s in Manchester, New Hampshire?

Killercop:

No asshole, Manchester, England. Of course it is Manchester, New Hampshire, stop stalling while you think about a way to avoid this mess.

Judge Howard Matz:

I am familiar with all of the accusations contentions you’ve made, about the manner in which you were arrested, and treated, the brutality to which you were subject and by which you were victimized…

These are accusations ‘fishing expeditions’ that, on their face, are — each of them — and they will be filed, so the Court of Appeals will see this. They’ll know exactly what you sought. I don’t have the time or the need or the duty to repeat separately each and every one of them. But they are not appropriate exercises of my authority or discretion to, at this stage or at any stage, really, but especially at this stage in this case, require the marshals to serve those [subpoenas].  As to –

Killercop:

May I be heard on those, Your Honor? And about your standard of appropriate exercises of your authority?

Judge Howard Matz:

No. I don’t really need any argument about that. All of your arguments will be preserved.

Killercop:

I don’t want to argue. I just want to make my record.

Judge Howard Matz:

Briefly, then. Go ahead.

Killercop:

Thank you, Your Honor. I want the record to reflect the main reason I want these officers is for impeachment purposes of the two FBI agents who were present in the station and were smiling and laughing while the police were torturing me.

Judge Howard Matz:

I don’t really need any argument about that.

And there you have a cover up, off the record, of a torture and violation of fundamental rights.

While you question Agent Jeffry Raymond Cugno about the choking, be sure to ask him why he said nothing when he learned Elena J. Duarte and Debra Wong Yang GAVE me 8000 plus social security numbers, matching dates of birth, home addresses, phone numbers, and a lot more while prosecuting me for “most likely”  posting” social security numbers!!  Using that standard they are “most likely” lying to the American people. They sure lied to Judge A. Howard Matz.  Not that he was concerned.

Example:

LA-15

Sutcliffe also provided the FBI agents with an additional sixth CD, labeled LA-15, which appears to be an item of original electronic evidence that was returned to defendant during the course of the case and is not covered by the scope of the Order. (See CR 234, Ex. 7, p. 2; CR 329, p 3, n. 1; Declaration Elena J Duarte)  STATUS FILING RE: DEFENDANT’S NONCOMPLIANCE, Jan. 20th, 2004

A specific observation by Judge A. Howard Matz

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A. Howard Matz, Attorney Misconduct, AUSA Elena J. Duarte, Department of Justice, Federal Judge Matz, Gregory Nicolaysen, Howard Matz, Judge A. Howard Matz, Judge Howard Matz, Judge Matz, judge matz california, judge matz central district of california, Ninth Circuit, Prosecutorial Misconduct, usa vs steven william sutcliffe

JUDGE MATZ:

“I will grant steven william sutcliffe‘s motion to recuse you but, with a specific observation that I am making no finding whatsoever that you engaged in any misconduct or failed to provide effective assistance of counsel by “forcing” yourself on him. And, indeed, I think the record clearly reflects just the opposite, and you’ve done a salutary job under difficult circumstances.“

MR. NICOLAYSEN:

“Thank you. Your Honor, if the court please, I’ll sit in the audience section.”

Only if you feel compelled.

“Due Process of law is the right of the Citizen affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of the right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law.”

Black’s Law Dictionary, 6th Edition, page 500.

F.B.I. This Week

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A. Howard Matz, Censorship, Darcy Smith, Department of Justice, FBI, Fraud on the court, Gary Winnick, Judge Elena J. Duarte, Judge Howard Matz, judge matz central district of california, Mollie Halpern, Robert S. Mueller III, Selective Prosecution, usa vs steven william sutcliffe

THE CASE OF THE SECRET SQUIRRELS. A.K.A. ARE YA NUTZ?

Mollie Halpern: [F]raud, insider trading, and mortgage fraud…these financial crimes and others are an investigative priority for the FBI. I’m Mollie Halpern of the Bureau, and this is FBI, This Week. As financial crimes become more sophisticated, so do the Bureau’s methods of combating them. FBI Director Robert Mueller spoke before a crowd in Miami…

Director Robert S. Mueller III: We make greater use of intelligence and partnerships to better focus our limited resources where we can have the greatest impact.

Halpern: Not only are we using intelligence and working with our law enforcement partners to combat and prevent financial crimes, we are also implementing new programs. Additional agents, analysts, and forensic accountants are identifying emerging schemes and using new investigative tools to uncover them.

Mueller: By working together, we can defend our economy and our fellow citizens from today’s predators.

Halpern: To learn how to protect yourself against crimes, visit http://www.fbi.gov. To report fraud, call your local FBI office.

Dishonored. Burn baby burn!

Tags

A. Howard Matz, AUSA Elena J. Duarte, Darcy Smith, Department of Justice, Federal Judge Matz, Fraud on the court, Harvard Law School, Howard Matz, Identity Theft, Judge A. Howard Matz, Judge Elena J. Duarte, Judge Howard Matz, Judge Matz, LA-15, Selective Prosecution, Sung Park, usa vs steven william sutcliffe

As I sit here in my room, destitute, unemployed and severely depressed I still manage to find a way to make myself smile sometimes.  I just place the CD-ROM, LA-15 into the computer and see the results of their efforts to crush me. They failed. Not only did they fail me, they failed the United States they claimed to represent in their selective persecution in usa vs steven william sutcliffe for “Identity Theft” and “Threats.”

I know persecution is a harsh word, but that is what their prosecution turned into, because of their arrogance, and willful ignorance. From this arrogance came both physical and mental torture.  At some point they stopped caring about the laws and the rules and basic fundamental rights, sometimes by playing stupid.  Instead they relied on excuses, and word games.  But these were not stupid people, in fact they were all highly educated.  I know you now understand!

Now the only question now is what do I do about it?

I suppose I can continue to try to sell the CDROM, to try to earn money to survive as an ex-felon, which I would rather not do, or I can just embarrass and expose the truth and their Fraud On The Court and make the National newspapers again by publishing all 8000 plus names, social security numbers, addresses and a lot more to draw attention to my plight.

The way I see it is this will then put them in the position of trying and having to explain to the American public exactly how the man they persecuted for “most likely“  transmitting just under 2000 social security numbers, was given a CDROM containing over 8000 social security numbers, addresses, phone numbers and a lot more. I say trying to explain because there is no excuse, other then the lie told by Judge Elena J. Duarte to the court of Judge A. Howard Matz. If, or when, I do this I wonder if they will foist another attorney on me?

What do you think would be a prudent thing to do in this situation?  Should I just publish and let the chips fall where they may?  Let me know what you think I should do.  I am running out of options and want to settle this, one way or another.

PS: If you know where Gary Winnick is please drop me a note, too, my subpoena remains outstanding!

Conspiring to Pervert the Course of Justice

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A. Howard Matz, Censorship, Conspire to Pervert the Course of Justice, Conspired to Pervert the Course of Justice, Conspiring to Pervert the Course of Justice, Darcy Smith, Department of Justice, DOJ, Federal Judge Matz, Federal Judges, Fraud on the court, Harvard Law School, Judge Alex Kozinski, Judge Howard Matz, Judge Matz, judge matz california, judge matz central district of california

18 U.S.C.  Sec. 872. Extortion by officers or employees of the United States

-STATUTE-
Whoever, being an officer, or employee of the United States or
any department or agency thereof, or representing himself to be or
assuming to act as such, under color or pretense of office or
employment commits or attempts an act of extortion, shall be fined
under this title or imprisoned not more than three years, or both;
but if the amount so extorted or demanded does not exceed $1,000,
he shall be fined under this title or imprisoned not more than one
year, or both.

Is there to be another cover up? I wonder what the Department of Justice is waiting for this time? Clearly one or more of the players are incompetent.

I guess that is what happens when they Conspire to Pervert the Course of Justice

Editing reality to fit the belief.

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A. Howard Matz, Censorship, Darcy Smith, Department of Justice, Federal Judge Matz, Harvard Law School, Howard Matz, Judge A. Howard Matz, Judge Matz, judge matz central district of california, judge matz los angeles, Ninth Circuit, Quote of the Day, U.S. Marshal

Talking about reality to Judge A. Howard Matz, of the Central District of California, is like talking to a rock.  You can’t teach him anything, because he knows it all. I know you understand!

Judge A. Howard Matz

“The fact is that Killercop used not only entirely different language but was in a “situation,” was perceived to be in a “situation,” was none at the time of the indictment to be in a “situation” that there was no information suggesting Schmoe, whoever that is, was in.

There was a link that he had to this killercop web site. The number of victims was different. The nature of the communications was different.“~Judge Howard Matz, Pretrial of Killercop

Judge A. Howard Matz loves to edit reality to fit the belief.

He and she who lies in small things, lies in all things….

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A. Howard Matz, Attorney Misconduct, Department of Justice, DOJ, Fraud on the court, Harvard Law School, Howard Matz, Impeachment, Judge A. Howard Matz, Judge Alex Kozinski, Judge Matz, judge matz california, judge matz central district, judge matz los angeles, Justice Department, Legal Ethics, Ninth Circuit, Prosecutorial Misconduct, Sung Park

Observe how on Oct 7, Hizzz Oder, Judge A. Howard Matz, attempts to justify denying assistance of counsel to the accused by claiming the accused “compelled” four previous counsel to quit.

“By his own conduct, Defendant previously compelled four of his prior attorneys to move to withdraw.”

Also note how he tries to claim the accused is “in possession” of the “expert reports” of 3 previous experts which were paid for and hired by the four “compelled to quit” counselors, prior to denying the accused any assistance of counsel.

“Mr. Reed’s  October 3rd declaration establishes that all evidence has now been turned over to Defendant. All evidence in the case is now in Defendant’s direct possession, including the work product of all attorneys, investigators, and experts.“

Compare that to this colloquy with Mr. Reed on Sept. 26

“Now, I don’t think it is inappropriate for the record to note that I’ve previously authorized experts, or at least one expert, I didn’t go back and check the file but at least one expert, and I think could have been more then one somebody with specific skill and advanced skill in computer technology as well as to be appointed to represent or assist prior counsel. Have you seen any expert reports?”

Reed: “No. Not at all, Your Honor.”

Judge A. Howard Matz: “Has anybody discussed with you any of his prior lawyers, any expert reports that may have been generated?”

Reed: “No, Your Honor.”

One doesn’t need an expert to tell that a fraud on the court was going on in the court of Hizzzz Oder.

Nor does one need an expert, or be a Harvard Law School graduate to know someone lied to the American people. One need only look at the facts of the lie. 

This report was brought to you and paid for through multiple violations of Steven’s fundamental rights by Judge A. Howard Matz.

“FUNDAMENTAL RIGHTS ARE GOING TO BE PROTECTED, BUT NOT ALL” ~Judge A. Howard Matz

Ditto for protecting evidence for the accused!

Missing Zips
Missing HDs
Missing AudioTapes
Missing Files

While everyone was losing files, I managed to find some, based on the prosecutors lie to the court. Keyword is LA-15 

The Compelled Judge Matz | Central District of California.

Tags

A. Howard Matz, Alex Kozinski, Central District, Darcy Smith, Department of Justice, DOJ, Fraud, Fraud on the court, Harvard Law School, Illegal Sentences, Judge Alex Kozinski, judge matz california, judge matz central district of california

Meet Judge Matz Central District of California.

A compelling excuse used by Judge A. Howard Matz to deny The Sixth Amendment Right to Assistance Of Counsel.

LIE:

“By his own conduct, Mr Sutcliffe previously ‘compelled’ four of his prior to attorneys to move to withdraw. ” ~Judge A. Howard Matz

FACTS:

The first two Public Pretenders from the office of Maria Stratton quit of their own free will because their  “unspoken conflict.“

REPORTER’S TRANSCRIPT OF PROCEEDINGS
LOS ANGELES, CALIFORNIA
THURSDAY, AUGUST 22, 2002

JUDGE MATZ:

Now I can set this down for October 22nd (2002). I mean I wouldn’t want to spend seven days in jail I didn’t wind up having to spend. So I can understand why that might be little preferable to Mr. Sutcliffe than October 29th. But it can’t be done before October 22nd. And Ms. Potashner, if you could do, if you could be ready to, your office and his team could be ready for a full defense on the 29th they could be ready on the 22nd.

MS. POTASHNER:

I agree with Your Honor on that. That’s fine.

REPORTER’S TRANSCRIPT OF PROCEEDINGS
LOS ANGELES, CALIFORNIA
MONDAY, SEPTEMBER 23, 2002

Now Mr. Sutcliffe and Ms. Bednarski, I’ve got this application which consists of a request by your current lawyers to be relieved of their responsibilities to you as lawyers and to be relieved of their status as counsel of record. And it states without explanation there is an actual conflict of interest that I could only be told about if you were to waive your attorney-client privilege, which your lawyers think you should not do, and that this conflict of interest is distinct.

Ms. Bednarski, are you telling me in plain language that the communications between your office or any member of your office- on the one hand and Mr. Sutcliffe on the other hand have been so impaired that the ability to maintain mutual trust and respect and confidence in each other’s respective obligations and positions has been I shattered?

MS. BEDNARSKI:

Yes.

JUDGE MATZ:

When you hear that being told to me by these lawyers, as you just heard, do you still want them to be your lawyers?

Sutcliffe:

Again, I prepared a statement, anticipating that question. If I may enter that into the record?

AFTER THE STATEMENT WAS READ IN OPEN COURT:

Judge Matz: Mr. Sutcliffe, you obviously oppose their motion to be relieved as your lawyers,…

Actually I begged him to not let them quit…but let’s not dwell on that fact.

The third one appointed quit because of his incompetence after being appointed by the Federal Public Defenders Office (Who just recused their entire office) in the “complex-computer-case.“  Judge Matz knew he was incompetent to deal with such a case, yet allowed the charade to continue until exposed.

The fourth, well he just would not quit, until many months after he and judge Matz FORCED him on the accused. And they did this…

It went downhill quickly after that.

Judge Matz’s buddy, Judge Alex Kozinski, then felt “compelled” to cover it all up by refusing to rehear this.

And allowing this FRAUD ON THE COURT.

Speaking of FORCED compelling…you “need to” see this.  But, I bet 8000 people are not compelled to see this.

You are now compelled to thank Elena and Debra!

Footnote:  Judge  Matz’s comment that he,

“[w]ouldn’t want to spend seven days in jail I didn’t wind up having to spend”

is ironic, since I discovered he was handing out “substantial illegal prison sentences,” even after being told they were illegal. He gave me one of those when he was finished with me, and then refused to correct it, allowing me to spend 2 additional years in Lompoc’s overcrowded maximum-security penitentiary.