Thursday, October 16, 2008

NO JUSTICE FOR BLACKS

October 16, 2008
While Driving While BLACK in 2003 in Colton, CA, I was a victim of Selective Law enforcement. I was also falsely arrested by Deputy Hermosillo and his Caucasian supervisor(s). Their premises for the arrest were stated that I refused to sign a citation. After asking to be taken to court in lieu of signing the citation I was told that I didn’t have that right, and was told that I would be arrested and taken to jail. I was arrested, booked and jailed. I called a towing company to pick up my vehicle, and the Deputy refused to allow Secured Collateral to take the vehicle. The cost to recover the vehicle was approx. $180.00.
The Jailer at the West Valley facility refused to keep me at their facility admonished the officer and demanded that he immediately transport me to the court in San Bernardino.
Upon appearing before a Commissioner at the San Bernardino Court, he admonished the officers and advised them that I had a right to be heard in his court, and could refuse to sign the citation.
It was my intent to sue at the time, but did not have the funds to hire an attorney.
Believing that the Commissioner, Judge had dismissed my case, and not hearing further from the court, I was surprised recently to find that there was a failure to appear and my California CDL license had been suspended due to this false arrest and incarceration.
Shortly after this and other citations “Driving While Black” in California I felt the need to leave this state and moved to Texas. While applying for a Texas CDL I had to clear citations and warrants outstanding in several states. This warrant or failure to appear was not a part of my DMV record, justifying my belief that the charges were dismissed.
Re: Commissioner Bradley
(See transcript)
Commissioner W. Charles Bradley denied me due process by denying my ex parte request, per ccp section 170.6, that said judge or commissioner be disqualified from hearing the above entitled matter. After hearing the judge hear several cases, several being Caucasian defendants where their fines were reduced considerably and people of color were fined excessively.
Commissioner Bradley also dismissed assessments on Caucasians where he failed to do on most people of color.
After refusing to disqualify himself as requested Commissioner Bradley refused to allow me to testify and deemed me guilty and told me to be seated.
Commissioner Bradley appeared to become upset when I asked that he be dismissed and I would prefer to be tried before a Black judge.
After leaving Commissioner Bradley’s court 9/29/08 I later returned, met the Bailiff in the hallway, and asked her if I could ask the Judge to drop the assessment of $250.00 as he had done for others, in order that I could get an abstract in order that I could gain employment in the trucking industry. The Bailiff refused me access to the Commissioner stating he was upset with my asking for a Black Judge.

I returned to the Court 10/01/08 having to wait in line 6AM in the morning to see Commissioner Bradley at 1:15 PM, after immediately entering his court room was told to go to the court room across the hall. There I went before Judge Michael A. Smith.
I was advised by Judge Smith that my rights had been violated by Commissioner Bradley. (See transcript, recoding).

I ask that the charges of failure to appear, the fine of $125.00 be dismissed, and all false charges be removed from my record.

Tuesday, April 29, 2008

Is there DUE PROCESS in COURTS when AFRICAN AMERICANS are VICTIMS?
Your Agency is operating under the guidelines of Federal Regulations of Affirmative Action and Civil rights legislation under the Department of Justice. When regulations mandated by the Department of Justice are enforced, they will contribute to an improvement in the “STATE of BLACK AMERICA”.
UAAD has been instrumental in filing numerous Civil rights and Human rights complaints with Federal and State Agencies since the mid 80's. These complaints are “always” ignored when African Americans are the victims.
After receiving a mailed citation showing a picture of a lady stated to be my wife running a red light in the city of San Diego, California, and realizing that it could not have been her driving the vehicle, I began protesting the citation on her behalf. (see the following):

November 20, 2007
Honorable Janis L. Sammartino
RE: Citation A63682A

Dear Sir or Madam,
I have asked that the charges regarding this citation be dismissed in the interest of justice.
I have appeared in court before a judge pro-tem and asked that a Judge hear my case, as I understand that I have the right under the law. Due to the fact that I am an out of state citizen, and I travel frequently with my husband who is a truck driver , I have asked and again ask for trial by written declaration, form TR-205 enclosed.
Your court has ignored previous written request sent by registered mail since September 18, 2007. As I stated to Judge pro-tem Riley on 10/16/07 I would not give up my right to a speedy trial. My written statements to the court also indicate that I do not have and can’t perceive having monies for bail or find due to my limited retirement income. I have also asked, and asked again that the court fully explain:
My right to a speedy trial. After appearing on 10/16/07 and asking for trial by written declaration since September 18, 2007 when does my right to a speedy trial begin?
After asking that a Judge rather than a Commissioner hear my case, why am I now being asked to appear before this same Commissioner that I thought I had the right to dismiss for prejudice?
I am not guilty of the violation I have been charged, and I ask in the interest of justice that the charges be dismissed with an explanation of my rights to a speedy trial and the procedures to dismiss a Judge. In my opinion I believe these procedures should be spelled out clearly and concisely by the court and on the citations and notices to appear in court no matter the offense. These notices should be clearly spelled out whether it pertains to felonies, misdemeanors, traffic or infractions.
The hidden procedures and the lack of the court to explain the rights and procedures to a lay person as myself, makes it difficult to receive a fair hearing in this and other courts, especially minorities.
See: www.justiceforblacks.blogspot.com
Due to the distance to the court, and the lack of transportation and funds, we asked that this case be heard by Letters of Declaration, a process that is available to Caucasians only apparently. The court in our case state that a $600 plus bond (fine) have to be posted in order to qualify for a Letter of Declaration appearance. This demand of posting a bond was demanded after I and my wife appeared in person on the date stated in the citation. After an appearance in court all Caucasians I have been in court with are not demanded to post bonds after such an appearance.
My question to the Judicial System is, How can an African American be awarded “DUE PROCESS” when the same procedures are not followed that are granted to others?
We ask and demand that these questions be answered in writing, and demand that the citation be dismissed.
COURTS, GOVERNMENT AGENCIES, are not concerned when AFRICAN AMERICANS are the VICTIMS.

This country’s HUMAN RIGHTS violation is worse than the Rights this administration is accusing CHINA and other countries of committing.
Courts, Government and Law Enforcement Agencies fail to act when African Americans are concerned? see: www.uaad.org , The Feds Regulate and Collaborate with Banks
http://www.unitedaffirmativeactiondevelopment.com/id45.html
UTAH ATTORNEY GENERAL COMPLAINT
http://www.unitedaffirmativeactiondevelopment.com/id43.html
www.TRUCKERSCOMPLAINT.com / http://justiceforblacks.blogspot.com www.youtube.com/uaad23
Congress, the MEDIA nor Government Agencies are concerned when African Americans are the victims

DUE PROCESS for BLACKS, SAN DIEGO COURTS see: http://uedcdwb.blogspot.com

In the interest of justice and “DUE PROCESS” we ask that the charges be dismissed.

uedcinc@aol.com

Saturday, April 19, 2008

Police act differently when African Americans are stopped. (see link below)

http://www.policeabuse.com/

Thursday, April 17, 2008

The video below discribes the effect of
"WHITE SUPREMACY & RACISM" regarding BLACKS
Our efforts are to disclose the discrimination in this industry and on our nation's highways. Since Law Enforcement, CONGRESS and the MEDIA fail to react when AFRICAN AMERICANS are concerned, we must join together in protest of these racist views.

Sunday, April 13, 2008

Is There Due Process in Courts when African Americans are Victims?
BLACK AMERICA is in the state it is because courts are not allowing due process and are not operating under Federal guidelines mandated by Civil Rights legislation. When Civil Rights regulations are enforced by courts and the Department of Justice, it contribute to an improvement to the "STATE of BLACK AMERICA".
The following correspondence is an example of how San Diego Courts react when AFRICAN AMERICANS are concerned.
The Superior Court of California
COUNTY OF SAN DIEGO
EXECUTIVE OFFICE OF THE COURT MICHAEL M. RODDY Executive Officer and Clerk Jury Commissioner
April 9, 2008
Walter L.Ellis

Re: Letter Regarding Citation No. A63682A

Dear Mr.Ellis:
I have reviewed your letter dated February 14, 2008, which states it was sent to the
Administrative Office of the Courts ("AOC"), with copies sent to this court and others. You ask in the letter that the charges on the above citation be dropped and the conviction be removed from record.
A review of our court records shows that, in response to this letter, the commissioner in traffic court set a further appearance in this matter for March 17, 2008, and provided you notice of that hearing.
The court docket reflects there was no appearance on March 17, 2008, and therefore no action was taken.This is consistent with previous attempts by the court to provide you an opportunity to address the merits of this case. Thus, the conviction and reflection on the DMV driving record both remain in place. Additionally, our communications with the AOC shows they did not receive the letter that was addressed to their Human Resources Division. In light of your failure to take any actions on this case in response to the notices sent by the court, no further action will be taken by the court at this time. The history of correspondence, along with this letter will be maintained as part of the court record.
Very truly yours,

MICHAEL M. RODDY
Executive Officer

c: Administrative Office of the Courts
Court File
Is there DUE PROCESS in COURTS when AFRICAN AMERICANS are VICTIMS?
Your Agency is operating under the guidelines of Federal Regulations of Affirmative Action and Civil rights legislation under the Department of Justice. When regulations mandated by the Department of Justice are enforced, they will contribute to an improvement in the “STATE of BLACK AMERICA”.

UAAD has been instrumental in filing numerous Civil rights and Human rights complaints with Federal and State Agencies since the mid 80's. These complaints are “always” ignored when African Americans are the victims.

After receiving a mailed citation showing a picture of a lady stated to be my wife running a red light in the city of San Diego, California, and realizing that it could not have been her driving the vehicle, I began protesting the citation on her behalf. (see the following):

November 20, 2007
Honorable Janis L. Sammartino
RE: Citation A63682A
Dear Sir or Madam,
I have asked that the charges regarding this citation be dismissed in the interest of justice.
I have appeared in court before a judge pro-tem and asked that a Judge hear my case, as I understand that I have the right under the law. Due to the fact that I am an out of state citizen, and I travel frequently with my husband who is a truck driver , I have asked and again ask for trial by written declaration, form TR-205 enclosed.
Your court has ignored previous written request sent by registered mail since September 18, 2007. As I stated to Judge pro-tem Riley on 10/16/07 I would not give up my right to a speedy trial. My written statements to the court also indicate that I do not have and can’t perceive having monies for bail or find due to my limited retirement income. I have also asked, and asked again that the court fully explain:
My right to a speedy trial. After appearing on 10/16/07 and asking for trial by written declaration since September 18, 2007 when does my right to a speedy trial begin?
After asking that a Judge rather than a Commissioner hear my case, why am I now being asked to appear before this same Commissioner that I thought I had the right to dismiss for prejudice?
I am not guilty of the violation I have been charged, and I ask in the interest of justice that the charges be dismissed with an explanation of my rights to a speedy trial and the procedures to dismiss a Judge. In my opinion I believe these procedures should be spelled out clearly and concisely by the court and on the citations and notices to appear in court no matter the offense. These notices should be clearly spelled out whether it pertains to felonies, misdemeanors, traffic or infractions.
The hidden procedures and the lack of the court to explain the rights and procedures to a lay person as myself, makes it difficult to receive a fair hearing in this and other courts, especially minorities.
See: http://www.justiceforblacks.blogspot.com/

Due to the distance to the court, and the lack of transportation and funds, we asked that this case be heard by Letters of Declaration, a process that is available to Caucasians only apparently. The court in our case state that a $600 plus bond (fine) have to be posted in order to qualify for a Letter of Declaration appearance. This demand of posting a bond was demanded after I and my wife appeared in person on the date stated in the citation. After an appearance in court all Caucasians I have been in court with are not demanded to post bonds after such an appearance.
My question to the Judicial System is, How can an African American be awarded “DUE PROCESS” when the same procedures are not followed that are granted to others?
We ask and demand that these questions be answered in writing, and demand that the citation be dismissed or delayed until we can receive a reasonable answer.

COURTS and GOVERNMENT AGENCIES, are not concerned when AFRICAN AMERICANS are the VICTIMS.

This country’s HUMAN RIGHTS violation is worse than the Rights this administration is accusing CHINA and other countries of committing.

These conditions exist due to Federal and State agencies conspiring with companies in violating Civil Rights laws and regulations. It is very difficult for an agency such as the FBI to enforce regulations that they themselves do not believe in and seldom enforce, unless the injured party is a White female as practiced under the so-called “Affirmative Action” legislation put in place and implemented to dilute Civil Rights legislation in order that White Females and White Males would be the beneficiaries.
Courts, Government and Law Enforcement Agencies fail to act when African Americans are concerned? see: www.uaad.org , The Feds Regulate and Collaborate with Banks
http://www.unitedaffirmativeactiondevelopment.com/id41.html
UAAD VS CENTRAL REFRIGERATED SERVICE
http://www.unitedaffirmativeactiondevelopment.com/id42.html
CRS’s WRONGFUL TERMANITION of “BLACKS”
http://www.unitedaffirmativeactiondevelopment.com/id45.html
UTAH ATTORNEY GENERAL COMPLAINT

http://www.unitedaffirmativeactiondevelopment.com/id43.html
www.TRUCKERSCOMPLAINT.com / http://justiceforblacks.blogspot.com www.youtube.com/uaad23
Congress, the MEDIA nor Government Agencies are concerned when African Americans are the victims
DUE PROCESS for BLACKS, SAN DIEGO COURTS
see: http://uedcdwb.blogspot.com
Walter L. Ellis, CEO UAAD
uedcinc@aol.com