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Lawyerdude’s Successful Motion #6617. Ron Fox withdraws his plea.
Ron Fox, Sui Juris
(Address withheld due to the inflammatory nature of sex cases)
ronfox9@juno.com Ron Fox is a good guy to know. Please email him and say Hi. He needs your emotional support!
Pro Se . Attorney Paul Beggs argued this motion.
This page is http://www.lawyerdude.s5.com/6617.html
Ron Fox’s story and complete list of motions: http://www.lawyerdude.8k.com/ronfox.html
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Sleepin’ aint Molesting!
Lawyerdude says: I wrote this overnight. I faxed it to Ron’s Lawyer Paul Beggs in Bay City. I called Attorney Beggs at 8:15. He was soon on his way to court with copies. Ron filed this motion #6617. Judge Newcomb granted Ron’s motion. The case is now back on track for trial, but we will whack the underlying 1995 case which is in St. Ignace, Michigan. Then the duty to report goes away. That’s our plan !
The actual legal motion begins here. All rise!
74th Judicial Circuit of Michigan
1230 Washington Avenue, Bay City MI 48708-0010.
989-895-4232
Judge Newcomb
People
v
Ronald Lee Fox, sui juris
District Case number: 04-10622-FY-1
Document #6617. Version 1.1 Substantially same as version 1.
This is the 20th motion for Ron Fox. Most have been ignored.
Here is the link to all Ron’s motions:
Ron Fox story: http://www.lawyerdude.8k.com/ronfox.html
Demand/ request to vacate sentencing hearing pending motion in St. Ignace to vacate underlying 1997 conviction.
Motion to shorten time.
Declaration of Attorney Douglas Palaschak
Declaration of Defendant Ron Fox, falsely accused.
Venue for this motion on short notice:
Date: Thursday 9 December 2004
Time: 8:30
Place: Court of Judge Newcombe
Demand to Vacate Sentencing Date for Reason of Factual Innocence of Underlying Crime.
To the prosecutor: Today I ask the court to vacate this sentencing date. I ask the court to reset this matter for Thursday January 20th for a progress report.
Table of Contents:
Declaration of Attorney Douglas Palaschak
Ron Fox is a gregarious, upbeat, friendly, cheerful, hard-working, loyal, helpful, courageous, kind human being. He could be a boy scout! You won’t find anybody who will say a bad thing about Ron Fox except for those few emotional hysterical people who have read the lies about him on Michigan’s controversial and defamatory lying sex offender registry. In view of the fact that Michigan’s unconstitutional sex registry lumps all persons in one class (and gives no information about the alleged offense) people in Ron’s neighborhood don’t know if he is a weenie wagger or a serial rapist. Megan’s law is a good example of the cliche that says “Hard cases make bad law”. The pendulum has reversed; Megan’s laws are being repealed and weakened. Michigan’s version of Megan’s law was ruled unconstitutional by Federal Judge Victoria Roberts. The federal court of appeals reinstated the unconstitutional law in a case factually distinguishable from Ron’s. In Arizona the defective law resulted in an unlawful eviction and lawsuit against the city of Tempe in the case of Jennifer Simmer. Her boyfriend from Michigan was registered for an act that is no longer a crime in Michigan. Arizona classifies sex offenders. The boyfriend, like Ron, was accused of the least serious offense - but Michigan lumps all accused offenders into one group and does not release facts about the case. Tempe’s law required that if no information or classification is available, the registrant shall be grouped into the mid range. Michigan’s bad causes injury and grief throughout the United States.
We need not argue the merits of the law; Ron is factually innocent of the underlying crime and is otherwise not subject to the law. “Otherwise” means that his underlying plea agreement specifically mentioned registration and said that all burdens and penalties would be terminated upon completion of the 2 year probation. Ron served 1 day in jail for the misdemeanor even though he was then and is now innocent. We need not rely on the theory of reneging on the plea agreement. Ron is factually innocent. The 220 page court record from Saint Ignace, recently obtained, supports his factual innocence.
Ron Fox is innocent of the underlying alleged misdemeanor that is the reason for his having been posted in the sex offender registry.
Ron Fox suffered 3 head injuries during his life. His head was run over by a car not once but twice in two separate incidents during his childhood. Then in his early adulthood he fell through a staircase landing on his head. Although Ron accommodates marvelously, testing reveals an IQ of 79 in some areas of complicated logic. Ron did not know that there is a specific mental state required for the misdemeanor of which he was falsely accused. Ron’s lawyers did not know. The judge who took his plea did not know. Nobody told Ron about this mental state. Nobody took the time to inquire. Ron is accused of the weakest act of “Criminal Sexual Conduct”. An element of Criminal Sexual Conduct is “Sexual contact”. “Sexual contact” is specifically specified in the statute and is defined in a earlier nearby section as follows:
750.520a Definitions . . .
(n) “Sexual contact” includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:
(I) Revenge.
(ii) To inflict humiliation.
(iii) Out of anger.
In Ron’s case he was sleeping when he committed the alleged act. That much is undisputed.
In early February 1995 Ron Fox, a married man, drove 4 hours to the home of his brother Rick Beaver. (Although the record does not say, the event seems to have been the funeral of Ron’s Grandmother.) Ron had previously changed his name to avoid association with his siblings who were all older than Ron and who had molested the injured/ disabled youngest sibling Ron as a child. As the youngest, Ron grew accustomed to his role as a scapegoat. True to form, Ron accepted his scapegoat role in 3 cases:
1. In the instant case Ron entered a false plea of guilty in order to relieve the prosecution of its burden.
2. In the traffic case Ron entered a false plea of guilty while being held in jail until he agreed to plea guilty. He had been ordered imprisoned by an angry judge Alston at the request of antagonistic disloyal attorney Jennifer Barnes. After the test they illegally held Ron for 90 days - until he pleaded guilty in order to escape from jail. This plea was coerced by false imprisonment. The alleged crime was fleeing and eluding, but, once again Ron suffered incompetent appointed counsel. Nobody told Ron that eluding requires some act such as acceleration, taking a side road, or some other act of elusion. Ron had simply continued his journey home, less than 1 mile away.
3. In the underlying case back in 1995 - 1997 Ron ultimately pleaded guilty in order to resolve the case which dragged on for 2.5 years. Ron’s plea there was not an informed plea. He knew that he was asleep but nobody ever told him that sleep precluded the requisite mental state.
Ron stayed overnight at his brother’s house on February 5, 1995. As has been the custom for Americans for generations, a child gave up a bed for an adult. In this case Ron’s 8 year old niece traded bedrooms with her older brother. Ron and his nephew slept in the niece’s bedroom. The niece slept in her brother’s bedroom.
The niece later jumped into bed between Ron and his nephew. The niece slept with her head at the foot of the bed - as is the custom when there are too many people in one bed. As to the reason for the niece jumping in to the bed, there are conflicting reasons presented. The niece changed her story to one that relieves her parents of responsibility. One unbelievable story of the niece is that she went to the bathroom and inadvertently went back to her own bedroom that she had traded away for the night. This sounds like a story concocted with mom’s help. The other story is that she asked her mom if she could sleep with “Uncle Ronnie”. Her parents were smoking marijuana at the time and mom said yes.
Ron had an uneventful sleep and drove the 4 hours back home the next day.
Approximately 3.5 months later, the mom (Ron’s brother’s wife) filed a police report saying that Ron’s niece said that Ron had touched the outside of her panties with his hand in her pubic area. Ron’s brother called Ron. Ron mentioned it to his wife, Gail. She exclaimed “Ron, that’s what you do to me in your sleep!” Ron had no way of knowing that “sleeping aint molesting”. Nobody ever told him about mens re! Apparently his lawyer and the judge never gave it a thought.
Within the week Ron voluntarily drove the 4 hours back to St. Ignace and told the police what happened. Ron thought that touching in his sleep was a crime and nobody told him otherwise. Ron did not remember having touched the girl; he was sleeping.
On June 22, 1995, nearly 4.5 months after the date of the alleged crime a police officer signed a complaint against Ron.
The case dragged on for over 2 years. Ron went through several lawyers, several prosecutor, and several judges.
Ron pleaded guilty on the written condition that all burdens of probation, including the sex offender registration, would be removed upon successful completion of 2 years misdemeanor probation.
Ron completed that probation and the judge signed off on 1 July 1999.
Then, years later, Ron’s neighbors found his picture on the internet at the sex registry site. The neighbors stood in front of Ron’s house and called him a pervert. Office Aldrich came to Ron’s house 20 times to harass him. Ron’s wife and child moved away.
Then Aldrich falsely accused Ron of “fleeing and eluding”. Aldrich broke the windows out of Ron’s van and smashed Ron’s face in the broken glass on the ground. Ron sued in federal court.
Aldrich claimed a broken bone. The hospital found no broken bone.
Ron found Palaschak on the internet.
The angry judge Alston imprisoned Ron until he pleaded guilty.
Early in 2004 Ron began his effort to obtain his file from St. Ignace. He succeeded. He mailed the file to Attorney Douglas Palaschak in late October. Palaschak picked up the record at the post office on the day before Thanksgiving and read it straight through. This reading took 12 consecutive hours. Palaschak wrote report #6589 to Ron. Ron showed it to his lawyer who did nothing about it.
On December 8 Palaschak faxed 6589 to Ron’s lawyer who was out of the office.
End of statement of case.
Declaration #6615 of Attorney Douglas Palaschak regarding innocence of Ron Fox.
Sleepin aint Molesting!
I, Douglas Palaschak, declare the following under penalty of perjury:
I am competent to testify. If called to testify I would testify as follows:
I have been a licensed lawyer since 1984. I specialize in Constitutional Law, Sex cases, and Drug cases.
Two of my cases are in the law books.
I have been working for Ron Fox for around a year.
Ron has suffered at the hands of really bad lawyers and a judge who is blind.
Ron is innocent!
Ron struggled to obtain a copy of his file from the underlying sex case in Saint Ignace.
Ron sent that file to me a month ago. It sat at the post office around 2 weeks until I got my mail on the day before Thanksgiving.
I read the complete file and numbered the pages. 220 pages.
I wrote an analysis #6589 explaining that an element of the crime is missing: mental state!
Ron took my analysis #6589 to Paul Beggs, his lawyer.
Yesterday I faxed a copy of #6589 to Paul Beggs.
“Sexual conduct” requires a specific mental state. Four are specified in the statute which I copied in 6589.
I have begun to prepare papers to file in St. Ignace to vacate the conviction - which should have been done upon completion of Ron’s probation - and was done - sorta. Ron was specifically told in writing that the sex registry reporting would end with his probation. Ron is mentally disabled. He cannot understand how the state makes a deal in writing and then reneges. He was denied effective assistance. The file shows clearly that he was sleeping and therefore could not have had the specific intent of lust, anger, revenge, or humiliation.
The sentencing should be postponed and the plea withdrawn. This bad lawyering must stop!
Signed under penalty of perjury:
Douglas Palaschak ________________________ Wednesday, December 8, 2004
Declaration of Ron Fox
I, Ron Fox, declare the following under penalty of perjury:
I am innocent. Nobody told me the elements of the crime. I was sleeping. I don’t remember doing it. Until that happened I did not know that I do that in my sleep. My wife Gail told me that I do that in my sleep sometimes.
I need time to work this case. Finally I got my files from St. Ignace. Finally Palaschak received them. He read them. He says that I am innocent. I need to undo all the wrongs that have been done to me. Please vacate this sentencing date. I want to withdraw my plea in this case and I want to vacate my plea in the 1995 case.
Signed _________________ Ron Fox. Thursday, December 9, 2004
I, (print your name) ________________ , declare the following under penalty of perjury: On Thursday, December 9, 2004I served this motion #6617 upon the courtroom prosecutor. Thereafter I filed it at the criminal filing window. It was (circle one) rejected/ accepted and filed stamped.
Signed ________________ Thursday, December 9, 2004
I, Douglas Palaschak, faxed this to Beggs’s office at 7:30 Michigan time. Fax: 989 892 7131. His phone: 989 893 3221.
I simultaneously emailed a pdf version to Ron’s home. I was unable to reach Ron by either of his telephone numbers. He apparently went to court early - before even checking with me - which is strange because we were up very late and I worked the whole night through. I expected him to call me in the morning when he arose.
Thereafter at 8:15 a.m. (Michigan time) I personally talked on the telephone with Paul Beggs. He said that he received this 6 page motion. He said that he made sufficient copies and that he would be going to court for the 8:30 session and that he would give a copy to Ron.
My email is Lawyerdude@adelphia.net My phone number is 805 815 3599
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