Lawyerdude’s Discovery Demand for Ron Fox in the “Fleeing and Getting window busted” case.
Ron Fox, Sui Juris
Pro Se
ronfox9@juno.com Please email Ron. He needs your support!
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I wonder if this motion was ever filed.
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The actual legal motion starts here:
18th Judicial Circuit of Michigan
1230 Washington Avenue, Bay City MI 48708.
Judge Schmidt
Prosecutor
v
Ronald Lee Fox, sui juris
Case number: 2003-2752
District Case number: 03-fy-10859 SN
6474 19th motion for Ron Fox.
Jurisdictional challenge.
Discovery Demand for police reports and my photos and camera.
Notice of Concurrent pending motions.
Statement of case/Declaration of Ron Fox.
Declaration of Attorney Douglas Palaschak
Argument
Proof of Service
Time: 1:40 pm
Date: Thursday 22 July 2004
Place: Court of Judge Schmidt.
Discovery Demand.
To the prosecutor:
1. Please develop the film that Aldrich took from me and provide me with the negatives and a set of prints.
2. Please provide me with the dates and all notes from each visit (in this century) that Don Aldrich made to my house. Aldrich is the police officer who instigated this case by his pretextual police stop.
3. Please provide me with the dates and all notes from each visit (in this century) of every other police officer (besides Aldrich) to my houe.
Signed__________________ Ron Fox Thursday, June 17, 2004.
Table of Contents:
Notice of concurrent pending motions.
Statement of the case/ Declaration of Defendant
Declaration of Douglas Palaschak
Notice of concurrent pending motions.
I have 14 motions pending and many more to write. Apparently these motions are not in your file. I expected as much; that is why I file them on the internet. Here are links to the 14 motions:
Sentencing is premature. I have a motion pending to withdraw my plea. I have other motions that have not been heard - including a motion to fire my lawyer. I demand under Faretta that this court hear those motions.
Statement of the case/ Declaration of Defendant
For every wrong there is a remedy.
In order to understand this case one must understand the harassment that Don Aldrich has directed at me under false color of law. This is why I need to show the jury the police reports - to prove that he has been to my house around 20 times.
In order to get out from under an onerous bond of $100,000 I pled guilty. I am not guilty. I will be moving to withdraw my plea.
The police stop in this case was retaliation for my having filed a section 1983 complaint. Donald Aldrich who broke my van window is the same guy who came to my house 20 times to harass me regarding my being on the sex offender list.
When I was a child I was run over by a car injuring my head. Then later as a child I was run over by another car injuring my head. As an adult I fell from the 2nd floor - on my head. Those 3 head injuries cause me some problems. I did not learn to read until age 23 after finally being instructed by special teachers who understood my problem. In the year 1997 I went to Gramma’s funeral in St. Ignace county and while there I was falsely accused of a sexual crime. I was then factually innocent.
The sex registration act was declared unconstitutional. That is my opinion based on my reading and based on many discussions with lawyers. A Michigan federal court declared it unconstitutional on June 3, 2002. Here is a link to the opinion/ case declaring the law unconstitutional. http://www.lawyerdude.netfirms.com/5441.html On February 23, 2004 (almost 2 years later) the federal court of appeal overturned the opinion of Judge Victoria Roberts regarding the unconstitutionality of the registration act - but my case is better than the case of Daniel Fullmer.
On Tuesday, January 27, 2004, I presented 3 written motions to Judge Alston’s court. Judge Alston is blind and could not read the motions himself. It was in Judge Alston’s court because when my lawyer set the hearing the clerks kept it a secret from him that Judge Alston is blind. The 3 motions were:
1 A motion to revoke Jennifer Barns’s request for testing. The court may not have realized that this was not a court ordered testing except to the extent that the court granted the request of Jennifer Barnes, a request that was without my consent.
2 A Marsden motion to fire Jennifer Barnes.
3 A suppression motion.
Two of those motions are mostly moot now, but the suppression motion was simply ignored. I had a right to review that on appeal by extraordinary writ prior to my plea. That right was jeopardized by the court’s failure to even file the motion. However, I did give it to the court recorder. The court recorder and the judge left the room. They made no record of their having scorned me and my motions.
The bailiff told me to shut up.
Judge Alston then unfairly raised my bail to $100,000 - excessive bail. This case was not on for a bail review. Judge Alston put me in jail until I agreed to plead guilty in order to get out of jail. That was on 27 January. Then about a month later, on February 23rd, Judge Victoria’s opinion was overruled. So now I know - but I contend that the sex offender registration law is unconstitutional. My case is different and my lawyer has argued more and is better issues than the lawyer who lost his case at the court of appeal.
Arthur Schupback (a relative of my father by my father’s remarriage) visited Judge Alston to inquire as to the excessive bail. The clerk intercepted Art and refused to let him talk to the judge. She told him it was none of his business and to “stay out of it”.
Within 48 hours of my having been jailed by Judge Alston my lawyer faxed papers to the higher court only to be told by a newbie lawyer/clerk that the court recorder in Judge Alston’s court has already told this lawyer/clerk all about the case. This lawyer/clerk said that she would
I am a peaceful person. I always show up in court. There was no reason for that bail except to make me plead guilty to get out of jail after 90 days.
I am dealing with two cases simultaneously here. The two cases have the common thread of being the product of a policeman “out to get me” . Grace Olech v Village of Willowbrook, et. al. (1998 7th circuit) www.lawyerdude.8m.com/5126.html 160 F.3d 386 and Esmail v. Macrane (7th Circuit 1995) 53 F.3d 176 both hold that ”out to get you" is actionable against a government.
The same policeman who broke out my car windows is the one who was at my house 20 times to harass me for being on the sex offender list.
Signed__________________ Ron Fox. Thursday, June 11, 2004
Declaration of Douglas Palaschak
I, Douglas Palaschak, declare the following under penalty of perjury: I have 20 years experience as an Attorney specializing in bankruptcy, constitutional law, criminal law including drug, sex, and traffic cases, and cases pertaining to the struggle of the individual human against the stealthy encroachment of the government bureaucracy. I am an expert in the standards of effectiveness of appointed counsel. I wrote an improved standard by which to measure effectiveness of counsel. I call it a defendant’s bill of rights. Here is a link to my improved standard: http://www.circuitlawyer.8m.com/5635.html
I may or may not apply to appear pro hac vice in this case but any person may apply as next friend - as I did - for an extraordinary writ as a remedy for excessive fail imposed by a judge who was not authorized to raise bail. Judge Alston was not authorized to raise bail. He gets his authorization by a motion from either side - except at the arraignment. I was flabbergasted at the outrageous and illegal actions of Judge Alston and his court recorder - who told me that she was a court reporter - and their co-conspirator clerk/lawyer at the next higher court.
I have come to know Ron quite well through numerous emails ( sometimes 3 or more in a single day) and telephone calls. On the average it seem that we talk twice a day and exchange 4 emails each day. Over the past 2 days we have had perhaps 15 phone conversations. I have talked to several members of his family. I can find nobody who has anything bad to say about Ron. He is a hard worker, kind, generous to a fault (having lost money by letting a man use Ron’s credit card to buy paint). He is not a violent person nor a sex offender. Ron studies constitutional law and sends me some case or quote nearly everyday. He feels strongly that he has suffered abuse and neglect in his legal cases and I agree with him.
Art Schupback has complained to the office of the Attorney General regarding this outrageous bail of $100,000 used to extract a plea from Ron. Ron pled after 90 days of being unable to raise $10,000 to pay a bondsman and having insufficient collateral to back up a bail bond. As soon as I find out where to send a complaint about Judge Alston I will be complaining also. We will also be filing in federal court under the “out to get me “ theory of Grace Olech v Village of Willowbrook, et. al. (1998 7th circuit) www.lawyerdude.8m.com/5126.html 160 F.3d 386 and Esmail v. Macrane (7th Circuit 1995) 53 F.3d 176. Both that ”out to get you" is actionable against a government. I make this statement to corroborate Ron’s story and to point out that Ron’s 2 cases stem from harassment triggered by stigma imposed by Ron’s picture having appeared on the internet in the registration site.
From what Ron has told me, his underlying sex case from 1997 is void due to constitutional infirmities.
Ron has told me that he has ordered the records from the underlying 1977 case.
He told me that he sent some files to me regarding the window smashing case and/or the 1997 underlying sex case.
Douglas Palaschak ________________Signed by Ron at my request. Tuesday, June 15, 2004
I have a right to control my case. I have a right to have my motions heard. My lawyer did nothing so I took it upon my self to get help writing my motions. I demand that sentencing be delayed until I can have my motions heard. I was writing motions before I was put in jail for 90 days.
Signed _________________ Ron Fox.
I, (print your name) ________________ , declare the following under penalty of perjury: On Tuesday, June 15, 2004 I served this motion #6470 upon the courtroom prosecutor. Thereafter I filed it at the criminal filing window. It was (circle one) rejected/ accepted and filed stamped.
Signed ________________ Tuesday, June 15, 2004
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