Mischler v. Commonwealth 08-CI-1039: General Factual Basis for Complaint

[Editorial note: This starts as an mudane child support/custody issue. However, it escalates into Organized Crime when Stumbo, as sitting Attorney General sanctions the false arrest/kidnapping under the color of law of the Plaintiff by the County Attorney to cover up official misconduct of not one, but two individuals who either they, or their spouse gave campaign contributions to Greg Stumbo]

GENERAL FACTUAL BASIS FOR COMPLAINT

I. JUNE 2005 UNTIL APRIL 2006: DEFENDANTS HALL FAILURE TO PROSECUTE CHILD SUPPORT AGAINST DEFENDANT STEVENS.
26. The Plaintiff filed for child support prosecution against Stevens in June 2005.

27. Hall’s agents Tammy Branham sent an email to Shelia Bryant on June 29, 2005 requesting guidance of how to proceed. See Exhibit 1.

28. Hall stopped his office from filing for child support prosecution against Stevens. Hall and Stevens are both members of the Kentucky Bar Association and are long time personal friends since childhood.

29. Hall's office refused to meet with the Plaintiff. Standard operating procedure is that the child support meets with the client before filing any documents.

30. The Plaintiff discovered that Stevens had cancelled the two minor children's health insurance at an unknown date. Unable to afford insurance, the Plaintiff properly applied for state health insurance KCHIP for the two minor children on November 29, 2005. The children qualified under the Plaintiffs financial situation. See Exhibit 2.

31. To cover the malfeasance of the Pike County Child Support office; Hall had assistant attorney Kyle Deskins file a motion for child support and KCHIP insurance against Stevens on November 29 2005 which is the official date in the Court records. Hall’s agent Deskins falsified the certification as November 28, 2005 to cover up Hall’s prior malfeasance. No date was set when the motion would be heard. The motion has never been heard. Further, Deskins filed this without the Pike County Child Support Office ever meeting with the Plaintiff. See Exhibit 3.

32. The Plaintiff filed a motion in response correcting inaccuracies of Deskins motion and noticing the Court of Halls failure to move forward with the child support prosecution and Hall conflict of interest in prosecuting his personal friend, Stevens. See Exhibit 4.

33. Hall immediately filed a notice that his office would be withdrawing. However, Hall never followed up with a motion to withdraw. Nor was any judicial order issued granting withdrawal by the Pike County Attorney. See Exhibit 5

34. Hall did nothing to move to the child support prosecution forward from November 2005 to April 2006.

35. The Pike County Family Court refused to set the motions on the dockets.[1]



[1] Judge Thompson of the Pike County Family Court is one of a handful of judges who sets his own docket. If he does not set the motion on the docket, it does not get heard in his court.

[Editor Note: The Exhibits document the allegations themselves and can be viewed
at http://www.box.net/shared/taf165uvxi or at http://pikecountyinjusticefilesdocuments.blogspot.com/2008/09/mischler-v-commonwealth-08-ci-1039_19.html ]

Mischler v. Commonwealth 08-CI-1039: General Factual Basis III.

III. APRIL 2005: DOMESTIC VIOLENCE ORDER GRANTED AGAINST THE PLANTIFF FOR PUBLIC PROTEST AGAINST DEFENDANT HALL AND STEVENS.
44. The Plaintiff spent forty percent of her income taking both the children to the doctor multiple times because Stevens refused to take the children to a follow up. At no time had Hall attempt to set motions for child support and health insurance on the docket after November 2005.

45. Unable to afford her son's medicine; the Plaintiff then exercised her First Amendment Right against Hall and Stevens for denying her child support prosecution against Stevens for eleven months from when she had applied with Hall's office. She was also protesting being denied access to the Courts. See Exhibit 6.

46. Hall and Stevens conspired together to cover up Hall's intentional failure to prosecute child support against Stevens, and to retaliate against the Plaintiff for exercising her First Amendment rights; had Stevens file for an emergency protection order against the Plaintiff to change custody of the children so she could no longer claim that Hall was failing to do his duty under the law. See Exhibit 7.

47. The EPO first came in front of Judge Thompson. Thompson was noticed that the EPO was both procedurally and subjectively deficient. However, Thompson had motive to cover up that he had failed to put the November 2005 motion on his docket; Thompson refused to throw out the EPO and recused.

48. Judge Paxton had multiple ex parte communications with Stevens Counsel and with Hall. Paxton kept the official records of the case in her personal office. Those videos are now missing. Paxton had her personal court administrator serve as circuit court clerk in the case in violation of the Court rules. Paxton backdated motions, see Exhibit 8. Paxton allowed Defendant Stevens Counsel to hand select the guardian ad litem. Paxton failed to put any factual findings into any of her orders. Paxton allowed the GAL to give medical testimony despite having no medical background.

49. Judge Paxton convicted the Plaintiff of domestic violence for marching in public with a sign. See Exhibit 10.

50. The DVO conviction against the Plaintiff changed custody of the children to Stevens. Stevens has retained full custody since April 2005 because of the fraudulent D3.

[5] Judge John David Preston vacated D3 because as he stated, “insufficient grounds were stated in the petition for the issuance of a Domestic Violence Order”. See Exhibit 71.
[6] See log number 22915 on Exhibit 93.

[Editor Note: Exhibits are posted at ]

There Must be Old Flaking Lead Paint Chips in the Old Pike County Courthouse.

Below is a copy of Pike County Attorney Howard Keith Halls letter to the Attorney Generals office.

If you remember from prior posts; He doesn't have any more records. Yet, now that I have found evidence of a fax sent to him on July 10, 2006: Hall is claiming that his staff may have "informally retainted" documents in this case.

Also the first paragraph is interesting. Hall claims that his "office merely typed a [false] warrant for a trooper at his request and handed the document to him".

Hmmm, somebody might want to tell KSP Commissioner Jack in Frankfort that Hall is going to put all the blame and liabilty on trooper Ryan Hamilton and claim prosecutor immunity at any pending lawsuit.

Deputy Assistant Attorney Generals Janet Grahams Second Response

In June of 2006, I sent a prosecutor complaint to the Attorney Generals office. Greg Stumbo responded that he had neither jurisdiction nor intent to investigate his friend and campaign contributor, Pike County Attorney Howard Keith Hall. See http://photos1.blogger.com/blogger/3320/3903/1600/AGLetter.jpg

However, the Kentucky AOC clearly states that the Attorney General is the only commonwealth agency with jurisdiction to handle KY prosecutors complaints. See http://courts.ky.gov/aoc/generalcounsel/faqsgeneralcounsel.htm

So I sent a open records request, which Janet Graham ignored. http://pikecountyinjusticefiles.blogspot.com/2006/10/deputy-assistant-attorney-general.html

So again, I sent another open records request. Of which a copy is located at http://pikecountyinjusticefiles.blogspot.com/2006/10/deputy-assistant-attorney-general.html

In short, Grahams papered me with documents, most of which I did not actually request. Graham claims that the only prosecutor complaint received by the Prosecutors Advisory Council was from James S Faller II about Larry Rogers, the Commonwealth's Attorney 57th Judicial Circuit. She included every documents filed in Fallers federal lawsuit against Rogers, and is charging me for this, despite the fact I didn't request it.

Interestingly enough, she failed to include letters to Faller in which the Prosecutors Advisory Council stated to Faller that the Attorney General did not have jurisdiction.



Now, let me ask you this. Does Deputy Assistant Attorney General Janet Graham really expect me to believe that the only two people who have ever complained about prosecutors since Stumbo took office are me, and James Faller?

Too bad for Graham that I know of someone else who did; that makes THREE.

And the fact she is hiding records . . . . . well under federal law, isn't that called obstruction of justice?

The Smoking RICO Gun.

Mail is going to be real interesting in the morning. :)

Documentation for 9/28/2006

http://www.news-expressky.com/articles/2005/09/23/top_story/01community.txt

Exhibit 9: Habeas Corpus

The many attorneys of Jonah "Lee" Stevens.

Originally published on 10/29/08

 

First Attorney: My ex husband who goes by the name Jonah Stevens filed for divorce from me as Lee Stevens holding himself, as attorney to be a different separate person.

How many Ky judges know about this fraud upon the court and have never santioned him- Judge Larry Thompson, Judge Julie Paxton, Judge John David Preston, Judge Janie Wells, and the last judge assigned the case-Judge Lewis Nichols.

You see because my ex husband is an attorney- the rules don't apply to him.

Second Attorney: So after my ex husbands little fraud his law partner James Hamilton then stepped in.

Third Attorney: His third attorney was a woman. Her name escapes right now. But after I check the records I will put her name up here. At this time James Hamilton was still listed as Jonah Stevens attorney.

Fourth Attorney: The female attorney quickly recused. James Hamilton still remained listed an Jonah Stevens attorney but never ever showed up to court on anything for Stevens. Then Kim Thompson signed on. Now what you need to know is that Kim Thompson supposedly has a solo law practice. However, her solo law practice is run out of Jonah Stevens and James Hamilton's physical law office. She is really Jonah's defacto law partner. After Kim signed on; James Hamilton officially withdrew from the case.

Fifth Attorney: Wesley Duke was the next attorney. Now while this guy was the attorney both Kim Thompson and Jonah Stevens kept filing papers in the case. However, Jonah would fake sign his own attorneys signature. Duke couldn't handle solo law practice and went to work for an another attorney. Apparently that didn't work out either because Duke shortly left there for the public defenders office.

Sixth Attorney: Stevens next victim, ummm I mean attorney was Brian Cumbo. Stevens lied to Cumbo and told Cumbo that I violated a court order. Cumbo, instead of properly filing a motion made a oral motion stating that I violated a court order with checking the case file to see if I actually had done so.

I filed motions against Cumbo for 1)not being familiar with the case file (its an ethic rule that attorneys must be diligent and prepared) 2) Falsely stating that I violated a court order, and 3) not properly filing a written motion in which I would have been able to explain myself.

So what did Brian Cumbo do? He filed a motion along with a supposed "transcript" of the hearing. However, this transcript was not sworn to nor was it created by a Kentucky court reporter. Instead, it was apparently created by Cumbo or his secretary. Now let me tell you. I have raised these issues by motions in the courts. Judge Lewis Nichols won't place my motions on his docket to be heard.

Seventh Attorney: Unknown, but given Stevens history and actions its only a matter of time since he gets a new one. Whoever they are they need to ask for a very large retainer. Having attorney Jonah Stevens as a client is begging to be in some type of ethical difficulty.

Made you look!

 Psycg!

 

 There are many more legal documents and issues that are not published on this blog.  If you want to see how every family court proceeding is a star chamber without real redress: Go watch Netflix- "Take Care of Maya".