Main thread for Ed and Elaine Brown vs the evil IRS, Part 29

[JosephSHaas]

Update: Since Attorney David H. Bownes from Laconia will be in the U.S. District Court tomorrow [Tue., Sept. 23rd '08] @ the 11:00 o'clock a.m. hearing in Portland, Maine for Reno, here's another opportunity to attend so that anybody can have "standing" by Rule 37A(II)(a)(3)(B)(ii) "who was present when the conduct complained of occurred." to file a complaint with the PCC: Professional Conduct Committee. Re: your time and mileage from your residence to, at and return trip back at $105 per hour and $3.50 cents per mile.

Yes, you're reading that right since this is stolen time and mileage.  In regards to the latter, the AAA calculates the cost of driving nowadays at 50-cents per mile, and so by Public Law 97-280 (96 Statute 1211) of Oct. 4, 1982 = The Year of the Bible for 1983 & Beyond (see Proverbs 6:30-31 of to charge the thief sevenfold the $amount stolen), that's cited in the RSA Ch. 651:63 Restitution statute as annotated with the State v. Fleming case of 1984 to another case citing Blackstone's Commentaries to this exact book: chapter and verse in the Holy Bible.! Thus 50-cents x 7 = $3.50 per mile. And in reference to the former I use the C.P.I. Index of a 5-cent candy bar example of in the 1960s, that at the then minimum wage of $1.50 per hour you earned 30 candy bars per hour. So with today's price of 50-cent a bar x 30 = $15.00 per hour x 7 = $105.00 per stolen hour! 

So I say to you: go fer it!  See you there, right? Plus taking the example of corporate power, anybody who writes to me either here or there by e-mail to JosephSHaas at hotmail dot com wanting to invest $1.00 even by "pledge", doesn't even have to be delivered until later, can stake a claim to a part of my complaint and have standing to attend and talk at the hearing on this in what? November __, 2008 after I file a new complaint against Bownes, as early as Wed., Sept. 24th, with reference to all the law in this case of him in clear violation of 18USC3232 since there is no Rule 18 Motion from the defendant to waive so-called jurisdiction, that BTW doesn't even exist because there has been NO federal filing to N.H. R.S.A. Ch. 123:1 from 1-8-17 U.S. Const.  See http://www.constitution.org/juris/fjur/1fj-ba.htm

Yours truly, - - Joe Haas

This was just received in today's mail (Wed., Sept. 3rd), ...

"New Hampshire Supreme Court, Attorney Discipline Office, 4 Chenell Drive, Suite 102, Concord, New Hampshire 03301, 603-224-5828 Fax 603-228-9511

... Thomas V. Trevethick, Deputy General Counsel, ...

September 2, 2008

Mr. Joseph S. Haas, P.O. Box 3842, Concord, New Hampshire 03302

Re: Grievance against ... and David H. Bownes, Esquire

Dear Mr. Haas:

--I have completed my review of your grievance letter...which was hand-delivered to this Office on August 8, 2008...

--Based upon my review, I am not docketing this matter as a complaint or processing it further.  As a prerequisite for docketing complaints, New Hampshire Supreme Court Rule 37A(II)(a)(3)(B)(ii) requires that complainants have standing to file the complaints.  The Rules state the following:

- - - - With the exception of an attorney discipline office-initiated inquiry or a referral by a judge or attorney, it was filed by person who is directly affected by the conduct complained of or who was present* when the conduct complained of occurred, and contains a statement establishing these facts...

--Requests for reconsideration of this decision must be clearly labeled as such, and must be filed in this Office within 10 days of the date of this letter. 'The request shall state, with particular clarity, points of law or fact that have been overlooked or misapprehended and shall contain such argument in support of the request' as you desire to present. see New Hampshire Supreme Court Rule 37A(VI)(a).

--In accordance with New Hampshire Supreme Court Rule 37A(II)(a)(4)(B), ... and Mr. Bownes are each being sent a copy of the grievance and a copy of this letter.  They are being advised that they may submit a reply to your grievance letter within 30 days from the date of this letter.  At that time, your grievance and their replies, if any, shall be available for public inspection at this Office for a period of two years, from the date when your letter was received by this Office (August 8, 2008), at which time it will be destroyed.  Enclosed is a booklet that contains Rules 37 and 37A.

Sincerely, Thomas V. Trevethick, Deputy General Counsel...

cc:...David H. Bownes, Esquire .... " ...

* Notice that IF I had attended any of these illegal hearings in Portland, Maine in violation of 18USC3232 withOUT the motions by... Reno, THEN I'd have "standing", but not otherwise, even though a portion of these illegal payments for time going to** there, the hearing, leaving from** there, and mileage were part of my tax money paid into the system by my employer, I do NOT have a say in when there is a clear violation of the U.S. Code! ....

[JosephSHaas]

AAA related- website has it at 50.5-cents per mile*

http://www.piercetransit.org/rideshare/costs.htm

* for a small sedan @ 10,000 miles per year
[62.4 for medium, and 72.9 for large]
so: Composite National Average is: 62.0-cents per mile.

[lastlady]

At 8:00 AM EST Monday 9/22/08 they started processing Cirino to be transferred to Maine for his sentencing hearing on Friday. He does not expect to be returned to Merrimack County after sentencing. I was on the phone with him this morning when he was about to be taken to processing and he asked me to tell everyone.

[Kat Kanning]

Thanks for info, lastlady.

[lastlady]

Well it appears my intel was wrong. Reno is in Maine for a hearing to fire his attorney this Wednesday the 24th, and is still scheduled to be in the Concord, New Hampshire Federal Court House for his sentencing hearing on Friday September 26th. It could be postponed but as of now it is still happening. Pray for Reno to get a light sentence and be released to all who love and care about him.  FREE RENO NOW!!!! 

Is anyone in the New Hampshire community intending on being at the sentencing if there is one? I would be there but Reno preferred I save my resources and visit him instead, but I am tempted everyday to be there anyway.

I am really hoping the sentencing is postponed, or better yet a mistrial declared.

[lastlady]

Thanks Quatloos for posting this.

09/22/2008 524 SENTENCING MEMORANDUM Regarding Applicabiliy of 2A2.2 v 2A2.4 by USA as to Cirino Gonzalez. (Huftalen, Arnold) (Entered: 09/22/2008)

http://www.cheatingfrenzy.com/gonzalez524.pdf

09/22/2008 525 NOTICE of Upward Departure and/or Upward Deviation/Variance by USA as to Cirino Gonzalez. (Huftalen, Arnold) (Entered: 09/22/2008)

http://www.cheatingfrenzy.com/gonzalez525.pdf

09/22/2008 527 SENTENCING MEMORANDUM in Support of A Downward Variance by Cirino Gonzalez. (Bownes, David) (Entered: 09/22/2008)

http://www.cheatingfrenzy.com/gonzalez527.pdf

09/22/2008 528 MOTION for Mistrial by Cirino Gonzalez. Follow up on Objection on 10/9/2008. (jar) (Entered: 09/23/2008)

http://www.cheatingfrenzy.com/gonzalez528.pdf

[JosephSHaas]

Thanks L.L.:

And to summarize here, I care not about the internal workings of the court in regards to this high or low temperature reading analogy I use for the judge to put in some barometer reading too maybe to the upward and downward sentencing guidelines!  My concern is that the entire court is OUT - OF - ORDER, and so I KISS: Keep it simple stupid, and did like reading Reno's Motion for a Mistrial here.

So David Bownes:  Are you going to endorse Reno's motion?  Of course not! That would mean you'd have to return all the money you got on the case, or would you? At least the money illegally collected for your trips to, at and back to N.H. from Maine in violation of 18USC323, since there was no Rule 18 motion by the defendant to take the case outside the supposedly legal jurisdiction, that it is NOT as there is no RSA Ch. 123:1 filing from 1-8-17 U.S. Const.  Yes McAuliffee had Singal assigned FROM Maine to take over this case but WHERE "shall" ALL (100%) of the proceedings for the benefit of both the defendant and witnesses take place? Answer: New Hampshire! As an uncalled witness on Danny's list I am still a witness with rights, and if the Congress wants to change this definition to ONLY witnesses with a subpoena or who do testify, then let them make that change, but until then the main reason for my attendance at today's 11-:20 a.m. hearing* in courtroom #1 was so that I can now file my own PCC action against David, and that I think maybe he would like for me to do, because although he refused to get a law partner, as requested by Reno, as two-heads-are-better-than-one as they say, (like Jason had from MAss.) maybe Reno will get one on appeal or even before that when a PCC finding finds David at fault, and so a fault in the case needing either a mistrial to double-jeopardy or a re-trial.

A copy of my Bill for $598.20 to the U.S. District Court Clerk and Petition for a Writ of Habeas Corpus to the Cumberland County Superior Court, with copies to the U.S. Attorney woman there, and the U.S. Marshal respectfully, to re-type either later today or tomorrow.

In the meantime, yes: I'll be there for Lauren tomorrow @ 1:30 p.m. in Concord and Reno this Friday, Sept. 26th @ __:__ o'clock am/p.m.(?)

- - Joe Haas

* See my re-type for the configuration of the court hearing today.  Saying now just that when Reno was asked if he really wanted a new attorney to go toward sentencing, Reno did indicate that he will not overlook the illegalities (that stand by his motion here), and that his attorney did a good job (but not a great one), he said he is a "realist" defined as more art than science.  Me: I'm more a scientist because figures don't lie, but liars figure.  And when the Rules of The Game spell it out of what to do and not do, you've got to play by the rules, not bend them!  Or even break them as I allege here and there and everywhere. Reno's answer to the judge: no I don't want to fire him. So then the judge said: relief requested in paperwork for this hearing for a firing therefore resolved or some such wording.  He got up and left.

Thanks Quatloos for posting this.

09/22/2008 524 SENTENCING MEMORANDUM Regarding Applicabiliy of 2A2.2 v 2A2.4 by USA as to Cirino Gonzalez. (Huftalen, Arnold) (Entered: 09/22/2008)

http://www.cheatingfrenzy.com/gonzalez524.pdf

09/22/2008 525 NOTICE of Upward Departure and/or Upward Deviation/Variance by USA as to Cirino Gonzalez. (Huftalen, Arnold) (Entered: 09/22/2008)

http://www.cheatingfrenzy.com/gonzalez525.pdf

09/22/2008 527 SENTENCING MEMORANDUM in Support of A Downward Variance by Cirino Gonzalez. (Bownes, David) (Entered: 09/22/2008)

http://www.cheatingfrenzy.com/gonzalez527.pdf

09/22/2008 528 MOTION for Mistrial by Cirino Gonzalez. Follow up on Objection on 10/9/2008. (jar) (Entered: 09/23/2008)

http://www.cheatingfrenzy.com/gonzalez528.pdf

[JosephSHaas]

Here's the re-type:

"To: The U.S. District Court, Portland, Maine 04101
Attention: Clerk Linda L. Jacobson

Re: N.H. Case #07-cr-189-GZS
U.S.A. v. Cirino Gonzalez

- - - - - - - - - - - - -Bill for: $598.20 - - - - - - - - - - - - - -

1. Whereas the hearing in this case today at 11:00 a.m. of about 20 minutes in courtroom #1 on the 2nd floor - very top of the spiral staircase (locked BEFORE 11:00 a.m. and unlocked for me when I did knock at about 10:55 a.m. for entry made as the ONLY public member, there being THE Maine U.S. Marshal David Viles to the front of me, another to the back, two to the side (one recognized from N.H.) another one standing by the defendant, the announcer man by the judge who said to stand and THEN said 'please' be seated WHEN the judge came from behind the middle door, with three secretaries surrounding the judge, the Assistant U.S. Attorney Huftalen from N.H. there only temporarily, as sequestered, but who barged in again, presumably to have them turn around to see me, the judge then asking if the attorney +/or defendant wanted the courtroom cleaned - their answer of no.) was supposed to be in New Hampshire, since there has been no Rule 18 Motion by the defendant; +

2. Whereas without the motion, then the Title 18 U.S. Code Section 3232 'shall' apply in that all 'proceedings' [that means every one at the one hundred percent (100%) level] for the benefit of both the defendant and all witnesses, including me, as an un-called witness on the co-defendant Dan Riley list in this combined case] must be held within the district of WHERE the crime occurred, and in this case: the district of New Hampshire, that's a subset, like Maine within the First 'Circuit'.

NOW THEREFORE for my travel time of four hours over here and back to Gilmanton, N.H., my legal residence (2 hrs. x 2 round trip) plus the one hour minimum court time (not counting this typing time at the Portland Public Library) = 5 hours @ $105.00 per hour = $525.00 + mileage of $72 (72 miles x 2 r.t. @ 50-cents per mile) + 1.20 (two 60-cent tolls) = $598.20.  Please pay this to me now, as an immediate acknowledgment of this WRONG, but if not then + parking to consult the Maine U.S. Attorney getting a copy of this, as your attorney to advise you to pay later.  You have in the latter case 24 hours to pay, whereupon this non-action will entitle me to file a petition with the U.S. Court of Claims in Washington, D.C. for breach of contract: your oath to comply with the law!  Furthermore noting the illegality of N.H. from even being invited over here as they are without the required filing by N.H. R.S.A. Ch. 123:1* from Article I, Section 8, Clause 17 of the U.S. Const.  * = The Conditional 'Consent' of June 14, 1883.

Make payment to: _________________ Joseph S. Haas, P.O. Box 3842, Concord, N.H. 03302, 603: 848-6059 (cell phone) this 23rd day of September 2008 @ 12:20 o'clock p.m. + 1:45 p.m."

pc: U.S. Attorney copy, 100 Middle Street, 6th floor @ 2:13 p.m.

JSH

[JosephSHaas]

Here's the re-type:

"State of Maine
Cumberland County Superior Court
Portland

Cirino Gonzalez, By Joe Haas
v.s. U.S. Marshal, David Viles              Docket No. _________

PETITION FOR A WRIT OF HABEAS CORPUS
[by Art. I, Sec. 10 Constitutional Right and Privilege*]

1.) WHEREAS: my friend 'Reno' is illegally being held against his will OUTside the N.H. District per 18 USC 3232, +

2.) WHEREAS: there is no Rule 18 waiver motion;

Now THEREFORE would this court please use its 'concurrent' jurisdiction over federal soil to have the Marshal bring the petitioner's friend: Mr. Gonzalez for the Marshal to explain his alleged LAWFUL custody and if NOT proper then to release my friend.

Thank you, - - - - - - - - - - Joseph S. Haas, P.O. Box 3842, Concord, N.H. 03302, 603: 848-6059 (cell phone)
_________________________________________________

Tuesday, 23 September 2008 @ 9:51 a.m. + 10:37 o'clock a.m. + 1:57 p.m.

Pc: Maine Marshal

-* sacred right guaranteed or secured = a blessing = a gift of liberty*

** freedom from compulsion, exemption from subjection to the will of another claiming services, freedom from arbitrary or despotic control, freedom from necessity."

JSH       

[JosephSHaas]

Beer and Pizza on Friday too? 

http://nhunderground.com/forum/index.php?topic=15418.60

- - Joe

[JosephSHaas]

Behind the scenes:

1. Before I went to the Federal Building in Portland for Reno, I did visit the Superior Court there on the 2nd floor where the window clerk wanted* a $filing fee.  I asked her if Maine had a similar Article 91 like New Hampshire.  She said to visit the law library on the 3rd floor where the photocopier was too for 20-cents per page donation. That's where I got the definitions for the word: privilege.

2. When I returned she handed my hand-written Petition (before the typed version) to her supervisor again seeing me, and then I appealed her decision to the Criminal Clerk handling Civil today, them still insisting that I either pay or sign the indigent form** and so an appeal to the woman Clerk telling me that it was some statute, me questioning her of don't you mean a rule, and then finally finding out is a Supreme Court Order***, that I said is a dis-order.

3. Over at the Federal Building, at the metal detector**** I gave one man my license and heard the other man call on the phone talking about some: you want me to escort him up there? Answer: no, just keep an eye on him, or some such precaution, that resulted in the locked door, I heard it click just after one of the bailiffs went into the courtroom about 10 feet ahead of me so not enough time to wedge my foot in the door like in N.H.

4. The U.S. Clerk woman took my Bill and said that she'd present it to the judge as a Motion, and that they would get back to me.

5. The Office of U.S. Attorney is just beyond the parking garage next to the Superior next to the U.S. Court. 6th floor. And the window clerk took my courtesy copy to her, so that if and when the U.S. Clerk calls, then she will know what to talk about.

JSH

Modification:

---* she also wanted the name of the U.S. Marshal, and so I looked in the phone book down the hall in the public telephone alcove where there are two phones on the wall facing north there but it is NOT listed under U.S. Gov't (!?) I called 1-800-FREE-411 on my cell phone but still couldn't get any info, and so the woman librarian upstairs looked in some book to find his name. [BTW no cell phones**** allowed in the Federal Bldg.]

--** M.R.Civ.P. 91

-*** Administrative Order of the Maine Supreme Judicial Court JB-05-05 as revised 7/2/08.

**** For your cell phone put on hold there at the Federal Building they give you a brass metal disc with a number stamped into it that you carry with you to exchange for it back later.  Since I was there twice my numbers were 8 + 11.

[lastlady]

Thank you Joe for the info.

[JosephSHaas]

Thank you Joe for the info.

You're welcome, plus the cost is $1.00 per half hour at the parking garage.  I was there for 5 hours total time for $10.00, having also visited over to Longfellow Bookstore for a newspaper from Rockland I read at the Library about the DownEaster train to buy, but ended up with some $1.00 each books on sale from two carts outside on the sidewalk of the store, then a $7.95 Old Farmer's Almanac 2009. Hey do you think Ed & Elaine plus Danny, Reno, Jason and Bob would like one sent to them? http://almanac.com/ Then I visited the Guy Gannett Publishing Company for the 75-cent "Portland Press Herald" buying the Monday paper with a story of interest I read about some tugboat captain in the headlines on the front page, same last name of where my mother was born. Plus BTW there was an outside parking lot right down the road that read on the sign 85-cents per (half?) hour I think it was, drove by too fast, so to check out when next over there, or free parking down by the park on the inner ocean bay on the way out of the city going west, but with an about 15 minute walk downtown. I also did visit the U.S. Post Office for some stamps, and had one of those 1/4 lb. all-beef hot dogs there for $3.50 including tax (extra 50-cents for chili and sauerkraut) from the inside vendor with two sit-down tables for his customers. He said that if you park on the street, by some ordinance or policy #__ the first ticket is free, and you get one free one every six months. Plus they mark the cars, so if they catch you feeding the meter past the maximum time they'll give you a ticket.

At the Library I also picked up a card from The MAINE HUMANITIES COUNCIL, 674 Brighton Avenue, Portland, ME 04101 http://www.mainehumanities.org 1-888-MEReader about some: "Fear, Civil Liberties and the Rule of Law" - "A PUBLIC SYMPOSIUM AND READING PROGRAM" .
Part I of II: EXPLORING THE CONTEXT, DEFINING THE ISSUES, (a) CIVIL LIBERTIES UNDER PRESSURE: THE HISTORICAL CONTEXT, Joel Rosenthal, President, Carnegie Council for Ethics in International Affairs; (b) CIVIL LIBERTIES UNDER PRESSURE: THE CURRENT DEBATE, Jeff McCausland, US ARMY, RET. CARNEGIE COUNCIL SENIOR FELLOW; (c) PANEL DISCUSSION: WHAT DOES THE CURRENT SITUATION MEAN FOR AMERICANS? Moderated By Mr. Rosenthal; Shenna Bellows, Maine Civil Liberties Union, Paula Silsby, U.S. Attorney for Maine, Steve Podgajny, Portland Public Library, Barbara McDade, Bangor Public Library.

Meetings in both Portland (and Bangor).  The Portland one for this Part I (PART II is about LITERATURE, re: THE CRUCIBLE, by Arthur Miller) is October 17, 2008 (Friday afternoon + evening) 4:30 - 7:30 PM at the Portland High School Auditorium.

Notice WHO is going to be there: Paula Silsby, THE U.S. Attorney whose window clerk woman got the courtesy copy of my Bill to the U.S. District Court, to see what she does with that and then maybe have some questions for her in another month.  or a congratulatory statement that she IS the one!  Like that golfer saying: You're da man.  She's da woman! 

Yours truly, - - Joe

[lastlady]

Hey Joe just wanted to let you know I have not received the 12 page plea agreement (attempted unsigned by Reno) as of today.

Did you send it last Monday? Should have gotten it by now.

FREE RENO NOW!

I heard from Reno this morning. He is back at Merrimack. He mentioned at the hearing yesterday they lost all his paperwork and he tried to go off memory but it wasn't working. He said the few things he brought up by memory the judge said he would deny. He said David Bownes took the responsibility for certain things that have gone wrong, which I said was nice of him and Reno agreed. Reno has agreed to keep his attorney and move forward with the sentencing. He wants to move forward. He seems okay but I can tell the jail time is getting to him.

[lastlady]

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
UNITED STATES OF AMERICA,
v.
CIRINO GONZALEZ,
Defendant.

Docket no. 07-CR-189-GZS

ORDER ON MOTION TO WITHDRAW

On September 23, 2008, this Court held a hearing on the Motion to Withdraw (Docket #519) filed by Attorney Bownes. Prior to the hearing, the Court had also received and reviewed a supplemental sealed statement in support of the Motion (Docket # 526) and a handwritten letter from Mr. Gonzalez (Docket # 520). After excluding the Government's Attorney from the courtroom, the Court heard from both Attorney Bownes and Mr. Gonzalez regarding their reasons for seeking withdrawal. Ultimately, the Motion was WITHDRAWN on the record.

Despite the withdrawal, the Court notes that having heard from Defendant and reviewed all of the related written submissions, the Court does not believe that there is any basis for allowing Attorney Bownes to withdraw at this time. In the Court's view, the request to withdraw was untimely given the upcoming sentencing hearing. Also, there is not a total lack of communication between attorney and client. Rather, in the Court's assessment, although Mr. Gonzalez and Attorney Bownes appear to have some continuing disagreement regarding trial strategy and various pretrial matters, there was no suggestion that they are unable to communicate or fundamentally disagree with respect to sentencing issues. The sentencing in this matter is scheduled for this Friday, September 26, 2008. Given Attorney Bownes' familiarity with the case and the Court's assessment of his representation at trial and at the presentence conference, the Court is convinced that Attorney Bownes remains a knowledgeable advocate for Mr. Gonzalez. In short, given the totality of the circumstances, the Court is satisfied that there is no basis for allowing withdrawal or replacing Attorney Bownes at this stage of the proceedings.

SO ORDERED.

/s/ George Z. Singal
Chief U.S. District Judge
Dated this 23rd day of September, 2008.