b. Bivens v Six Unknown Agents of the Federal Bureau of Narcotics (1971) www.lawyerdude.netfirms.com/bivens.html 29 L Ed 2^nd d 403 US 388, 91 S Ct 1999 and

c. Pendant Jurisdiction pursuant to 28 U.S.C. § 1367(a).

Venue

2. Venue is proper in this Court under 28 U.S.C. § 1391(b) because I was handcuffed in this district on Friday December 3, 2004 when Kern County Sheriff’s Deputy James Newell stuck a gun in my ribs and said in my ear: "I could blow you away right now and get away with it".

3. All the operative events happened in this district.

Spying, intimidating a witness, poking witness with a gun.

Friday December 3, 2004, I caught 2 spies in my yard hiding behind my trees.

4. On Friday December 3, 2004 as I was departing my home in my car I spotted 2 spies hiding behind my trees in my yard.

5. I knew these 2 spies.

6. These two spies were Defendant Sheriff’s Deputy James Newell, and Defendant Sheriff’s Deputy J. Balasis.

7. I confronted these 2 spies.

8. Instead of apologizing they broke into my house.

9. Without a warrant or probable cause, these two spies forced their way into my house.

10. They violently shoved Jennevie to the floor and handcuffed her.

11. Then while she was handcuffed on the floor they pepper sprayed her in the face.

12. Jennevie suffers from epilepsy.

13. The pepper spray triggered an epileptic seizure.

14. Rather than attending to this seizure, these two disgraceful officer rifled through my possession.

15. Jennevie suffered for 30 minutes before these two spies called an ambulance.

16. During the time Jennevie was on the ground having a seizure, the two spies handcuffed me.

17. Defendant Sheriff’s Deputy James Newell asked Defendant Sheriff’s Deputy J. Balasis, which room I had come out of.

18. Balasis indicated that I had come out of my office.

19. Defendant Sheriff’s Deputy James Newell led me into me office and closed the door.

20. Thereafter, Defendant Sheriff’s Deputy James Newell ordered me to sit down.

Cause of action; Threatening/ intimidating/ tampering with a federal plaintiff/ witness

21. Defendant Sheriff’s Deputy James Newell threatened that if I did not agree to drop the instant action, he would make up charges against Jennevie and me.

22. I refused to agree to drop the instant action.

23. Immediately thereafter, Defendant Sheriff’s Deputy James Newell removed what appeared to be a glass-smoking pipe from his coat pocket.

Cause of action: Battery

24. Defendant Sheriff’s Deputy James Newell shoved his own crack pipe in my mouth and said:

"When was the last time you used methamphetamine?"

25. Defendant Sheriff’s Deputy James Newell put his crack pipe back into his pocket.

26. He pulled me to my feet, escorted me to the living room, then ordered me to sit down.

27. Defendant Sheriff’s Deputy James Newell went back into my office and closed the door

28. Thereafter, defendant Sheriff’s Deputy James Newell opened the door enough to stick his head out and say to defendant Sheriff’s Deputy J. Balasis "I found something".

29. After a staged search, wherein defendants pretended to find drugs and paraphernalia, defendants engaged in a whispering discussion.

30. Thereafter, defendant Sheriff’s Deputy J. Balasis escorted me to a back bedroom and asked if he and Jennevie were married.

31. I informed him that Jennevie and have been together 10 years, but not legally married.

Cause of action: Now Balasis intimidates/ threaten/ tampers with a federal witness/ plaintiff

32. Balasis stated:

"You don't want your girlfriend to go to jail do you? A lot of professional reputations are on the line, we can avoid all this"

33. When I refused to drop the instant action defendant Sheriff’s Deputy J. Balasis became angry and socked me in the abdomen

34. As he socked me, Balasis said:

"You better think it over. We can make your life hell".

35. I caught my breath

36. Balasis took me back into to my own living room.

37. Without warrant, legal, or probable cause, defendants Defendant Sheriff’s Deputy James Newell and Defendant Sheriff’s Deputy J. Balasis arrested Jennevie and me and accused us pf violation of:

a. H & S C § 11377 (a) possession of a controlled substance, H & S C § 11550 (a) being under the influence of a controlled substance, and

b. H & S C § 11364 possession of paraphernalia.

38. We never did consent to this search/ raid.

39. We protested until these bad cops threatened us or used force.

40. These two cops planted the evidence in retaliation for my having filed the complaint in this very case.

41. I was in the process of writing this 1^st amendment complaint when these two defendants broke into my house.

42. I an Jennevie were not intoxicated or under the influence of any drugs.

43. They put us in the back of the patrol car.

44. The two cops then searched my house some more.

45. They whacked my computer with some hard thing - maybe a baton or flashlight.

46. They kicked my laser printer. (But the pen is mightier than the sword.)

47. They dumped out the contents of drawers.

48. They scattered my legal papers.

49. They pulled clothes off hangers and on to the floor.

50. They pulled pictures off the wall.

51. They messed up the entire house.

52. At midnight they took us to the Sheriff's sub-station.

53. Defendant Sheriff’s Deputy J. Balasis read me my Miranda rights.

54. I said: "I want to speak to an attorney".

55. Defendant Sheriff’s Deputy J. Balasis then began unlawfully interrogating me in regards to various crimes and personal information of the parties in me class action suit - this very case that you are reading now.

56. Balasis interrogated me for information for a drug influence worksheet.

57. I informed defendant Sheriff’s Deputy J. Balasis that pursuant to me right to remain silent, I was not answering any questions.

58. Defendant Sheriff’s Deputy J. Balasis then stated "you don't have a constitutional right to refuse". Thereafter, defendant Sheriff’s Deputy J. Balasis read to me from a Sheriff form DRUG INFLUENCE WORKSHEET Sheriff 580 2210 784 BACK, cited in paragraph ____.

59. I asked defendant Sheriff’s Deputy J. Balasis if that was California law.

60. Defendant Sheriff’s Deputy J. Balasis stated "Yes"

61. The form and police used by these 2 bad cops is unconstitutional

62. It is unconstitutional law, policy, or custom, promulgated and administered by defendants Attorney General Bill Lockyer.

63. It is also promulgated by Defendant Sheriff Mack Wimbish.

64. These two bad cops to me that I had no constitutional right to refuse to provide a drug test.

65. Attorney Douglas Palaschak tells me that throughout the years bad cops have been lying to drug suspects just like they lied to me.

66. These two bad cops to me that I have no right to an attorney.

67. The bottom of this form required the officer to pick one:

a. Suspect is under the influence.

b. Suspect has recently used stimulants.

68. There was no option c: Not under the influence.

69. At said time and place, defendants Defendant Sheriff’s Deputy J. Balasis and Defendant Sheriff’s Deputy James Newell alleged that if I did not provide a urine sample then they would take us to the hospital and draw blood.

70. I told then that they were wrong.

71. Thereafter they drove us through the Kern River canyon at speeds approaching 90-Miles Per Hour.

72. Attorney Douglas Palaschak said that bad cops often do the fast driving thing.

73. At the mouth of the canyon Defendant Sheriff’s Deputy James Newell and Defendant Sheriff’s Deputy J. Balasis pulled their patrol vehicles over.

74. They pulled me from the patrol car.

75. They put shackles on my legs.

I could blow you away right now and get away with it.

76. As I faced the patrol vehicle I felt Deputy Newell stick his gun into up against my ribs. Then Newell talked right into my ear. Defendant Sheriff’s Deputy James Newell threatened me with the following words: "I could blow you away right now and get away with it".

Now we flashback to how this started.

Origin of the case.

77. This incident arose from police having on 3 occasions falsely accused us of with various crimes.

78. Plaintiff Jennevie suffers a disability.

79. We allege that the defendants deprived us of liberty and property without due process.

80. Defendant bad cops are conducing an ongoing conspiracy to intimidate me (Drake) in retaliation for my having testified on behalf of my neighbor against lying perjuring bad Defendant Sheriff’s Deputy John Nobles Defendant Sheriff’s Deputy Pamela Belmore. My testimony in a criminal hearing resulted in dismissal of the case against Dorothy Barnes my neighbor across the street.

81. My neighbor Dorothy Barnes across the street filed a civil rights complaint against these 2 bad cops.

82. These two cops conspired to deter me from freely testifying against said officers in federal court.

83. The actions of the two bad cops constitute interference with a federal witness.

84. We further that Kern County and its supervisors described herein, are liable for:

a. Failure to train and supervise;

b. a pattern or practice of unconstitutional false arrests, false reports, and illegal searches and seizures by Kern County Sheriff's Department (KCSD) officers;

c. a pattern or practice of unconstitutional malicious prosecutions by Kern County District Attorney (KCDA) public prosecutors; and

d. a pattern or practice of unconstitutional inadequate representations by Kern County Public Defender (KCPD) defense attorneys.

85. These actions were all under false color of state law in violation of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution.

86. We seek an order of this court enjoining Kern County from engaging in certain specified unconstitutional conduct and a declaration by the court that such conduct is unconstitutional, all pursuant to 28 U.S.C. § 1343(4).

Description of the roles of the parties to this case

87. I, Plaintiff Drake Ward, was at all times herein relevant a resident of Kern County, California.

88. Plaintiff Jennevie M. Sanchez was at all times herein an adult resident of Kern County, California.

89. She is my common law wife of 10 years.

90. Jennevie suffers from epilepsy and severe diminished mental capacity, as such is reliant on me for her well-being.

91. Defendant Sheriff Mack Wimbish is and was the elected Sheriff of Kern County.

92. In that capacity he is responsible for the operations of the Kern County Sheriff's Department in the training, administering, supervising, and controlling of all its officers and employees.

93. All acts complained of were in the furtherance of the conspiracy alleged.

94. I sue him in both his individual and official capacity.

95. Defendant Head Public Defender Mark Arnold is and was at all pertinent time responsible for the operations of the Kern County Public Defenders Office in its training, administering, supervising, and controlling of all its attorneys and employees.

96. I sue him in both his individual and official capacity.

97. Defendant Elected District Attorney Edward R. Jagels was at all pertinent times herein the elected District Attorney for Kern County.

98. He was responsible for the operations of the Kern County District Attorney's Office in the training, administering, supervising, and controlling of all its prosecutors and employees.

99. All acts complained of were in the furtherance of a conspiracy herein alleged.

100. I sue him in both his individual and official capacity.

101. At all times relevant herein Defendant Judge John Quinlen was either a prosecutor or a judge of the Superior Court in Kern Count.

102. He was responsible for protecting my constitutional rights.

103. He breached his duty to be impartial.

104. All his acts complained of were in the furtherance of the conspiracy alleged.

105. At all relevant times herein Judge Catherine Purcell was a judge of the Superior Court in Kern County.

106. She was responsible for protecting my constitutional rights.

107. She breached his duty to be impartial.

108. All her acts complained of were in the furtherance of the conspiracy alleged

109. At all times relevant hereto, Defendants

110. Defendant Sheriff’s Deputy David Boyd was at all pertinent times a deputy of the Kern County Sheriff's Department.

111. He was the agent, servant, and employee of Kern Count.

112. All acts complained of were in furtherance of the conspiracy alleged.

113. Defendant Sheriff’s Deputy Sam Smith was at all pertinent times a deputy of the Kern County Sheriff's Department.

114. He was the agent, servant, and employee of Kern Count.

115. All acts complained of were in furtherance of the conspiracy alleged.

116. Sheriff’s Deputy John Nobles was at all pertinent times a deputy of the Kern County Sheriff's Department.

117. He was the agent, servant, and employee of Kern Count.

118. All acts complained of were in furtherance of the conspiracy alleged.

119. Defendant Sheriff’s Deputy James Newell was at all pertinent times a deputy of the Kern County Sheriff's Department.

120. He was the agent, servant, and employee of Kern Count.

121. All acts complained of were in furtherance of the conspiracy alleged.

122. Sheriff’s Deputy Pamela Belmore was at all pertinent times a deputy of the Kern County Sheriff's Department.

123. Se was the agent, servant, and employee of Kern Count.

124. All acts complained of were in furtherance of the conspiracy alleged.

125. Sheriff’s Deputy J. Balasis was at all pertinent times a deputy of the Kern County Sheriff's Department.

126. He was the agent, servant, and employee of Kern Count.

127. All acts complained of were in furtherance of the conspiracy alleged.

128. Defendant Deputy District Attorney Perry Patterson was at all pertinent time herein a deputy of the Kern County District Attorney's Office.

129. H was responsible for prosecuting citizens for public offenses.

130. All acts complained of were in the furtherance of the conspiracy alleged.

131. Defendant Deputy Public Defender Patrick Glennon was at all pertinent times a deputy of the Kern County public defender.

132. He was responsible for defending accused misdemeanor defendants.

133. All acts complained of were in the furtherance of the conspiracy alleged.

134. At all times relevant hereto, Defendant Court Clerk Sherrie Leonard was a court clerk in the Kern county court.

135. She was the agent, servant, and employee of Kern County.

136. All acts complained of were in the furtherance of the conspiracy alleged.

137. At all times relevant hereto, Defendant Court Clerk Susan Yeargan was a clerk of the Kern County Court.

138. She was an agent, servant, and employee of Kern County,

139. All acts complained of were in the furtherance of the conspiracy alleged.

140. Defendant California Highway Patrol Officer Brian Hefner was at all pertinent time an officer of the California Highway Patrol.

141. He is an employee of the State of California.

142. All acts complained of were in furtherance of the conspiracy alleged.

143. Defendant Kern County is a duly designated county of the state of California, under the laws of the State of California.

144. Defendant Attorney General Bill Lockyer was at all pertinent times the Attorney General for the State of California.

145. He is responsible for the direct supervision over the Kern County District Attorney and the Kern County Sheriff in all matters pertaining to the duties of their respective offices.

146. Defendant Presiding Judge Kenneth C. Twisselmannn II was at all pertinent times herein the acting Assistant Presiding Judge of Kern County

147. He was the agent, servant, and employee of the Kern Count.

148. All acts complained of were in the furtherance of the conspiracy alleged.

149. Defendant, Judge Frank A. Hoover, metropolitan division was at all pertinent times the acting Judge of the Superior Court, Metropolitan Division for Kern Count.

150. He was the agent, servant, and employee of the Kern Count.

151. All acts complained of were in the furtherance of the conspiracy alleged.

152. The true names and capacities of the unnamed defendants are presently unknown to the Plaintiffs.

153. We will diligently attempt to ascertain their names and then seek leave to amend.

154. Defendants acted as an agent for each and all other Defendants.

155. The injuries inflicted upon Plaintiffs occurred because of the actions and omissions of each and all of the Defendants.

Chronology of Operative Events

156. I, Drake, first met defendant Judge John Quinlen around December of 1989.

157. Quinlen was a then a Deputy District Attorney prosecutor for Kern County.

158. Prosecutor Quinlen initiated an unlawful criminal prosecution against me for perjury, having a fake driver license.

159. I could have faced up to 4 years in prison had I not won my case.

160. He caused me to be arrested and held for 30 days.

161. I posted $5000.00 bail and was released.

162. I won the case 4 months later.

163. It was dismissed as violative of the double jeopardy clause.

164. Jennevie ’s first contact with defendant Sheriff’s Deputy Sam Smith was in or about February 1995.

165. I had then submitted a claim on behalf of Jennevie for damages against Sheriff’s Deputy Sam Smith arising from Jennevie ‘s allegation of having been arrested without probable cause.

166. The county neither denied nor rejected the claim.

167. On or about May 26, 1995, I submitted a claim for damages against defendant Sheriff’s Deputy Sam Smith and other KCSD officers.

168. My claim was that they had searched and seized my van without probable cause.

169. The county neither denied nor rejected my claim.

170. On June 27, 2003, in the middle of the night Defendant Sheriff’s Deputy John Nobles and Defendant Sheriff’s Deputy Pamela Belmore, broke into the residence of Dorothy Barnes located at 3477 Jeffery Way, across the street from my home, in Lake Isabella, California

171. They arrested her.

172. Around July of 2003, Ms. Barnes pre-trial hearing was held in the Kern County Superior Court,

173. I testified at this prelim.

174. I proved by my testimony that Defendant Sheriff’s Deputy John Nobles Defendant Sheriff’s Deputy Pamela Belmore were liars and perjurers.

175. Based on my testimony the judge ruled in favor of my neighbor Dorothy Barnes my neighbor across the street.

176. Case dismissed.

177. Upon information and belief, the following defendants were at the prelim to watch me prove that their fellow deputies are perjurers:

a. Defendant Judge John Quinlen

b. Defendant Sheriff’s Deputy David Boyd,

c. Sheriff’s Deputy Sam Smith,

d. Defendant Sheriff’s Deputy John Nobles,

e. Defendant Sheriff’s Deputy Pamela,

f. Deputy District Attorney Perry Patterson,

g. Court Clerk Susan Yeargan, and

h. Deputy Public Defender Patrick Glennon .

178. Upon information and belief, Dorothy Barnes my neighbor across the street filed a claim for damages against defendant officers Defendant Sheriff’s Deputy John Nobles and Defendant Sheriff’s Deputy Pamela .

179. The County did not act upon the claim. Subsequently, Ms. Barnes filed a civil action in federal court against defendants for violation of her civil rights.

180. My testimony against these two lying deputies triggered animosity against me.

181. I became an enemy of the state.

182. The defendants herein are out to get me.

1^st cause of action: Being out to get me.

183. Being out to get me is actionable.

184. Authority: U.S. 7th Circuit Court of Appeals: Grace Olech v Village of Willowbrook, et. al. (1998 7^th circuit) 160 F.3d 386 (7th Cir.1998) at: http://www.lawyerdude.8m.com/5126.html

185. At all times relevant hereto and in all of their acts and omissions described herein, defendants in the following list acted under false color of law and were/ are out to get me:

a. Defendant Sheriff Mack Wimbish,

b. Defendant Elected District Attorney Edward R. Jagels,

c. Defendant Head Public Defender Mark Arnold,

d. Defendant judge John Quinlen,

e. Defendant Sheriff’s Deputy David Boyd,

f. Defendant Sheriff’s Deputy Sam Smith,

g. Defendant Sheriff’s Deputy John Nobles - perjurer who was not punished,

h. Defendant Sheriff’s Deputy James Newell who poked the gun in my ribs and said that he could kill me right there and get away with it,

i. Defendant Sheriff’s Deputy Pamela Belmore - the perjurer who was not punished,

j. Defendant Sheriff’s Deputy J. Balasis,

k. Defendant Deputy District Attorney Perry Patterson,

l. Defendant Court Clerk Susan Yeargan,

m. Defendant Court Clerk Sherrie Leonard,

n. Defendant CHP Trooper Brian Hefner,

o. Defendant Presiding Judge Kenneth C. Twisselmann II,

p. Defendant Judge Frank A. Hoover, and John Does One through Ninety Nine, acted under color of law and pursuant to their authority as law enforcement personnel and/or officers of the court.

2^nd Cause of Action: Conspiracy to violate my Civil Rights. Section 1983. 1985, 1986

186. I re-allege all allegations in the previous cause of action and every other cause of action.

187. Deputy Public Defender Patrick Glennon conspired the defendant law enforcement officers and defendant court officials.

188. He thereby acted under color of law.

Events of Thursday September 18, 2003: I fight with Jennevie

189. On September 18, 2003, mid afternoon, Defendant sheriff’s Deputy David Boyd was at the Woodrow Wallace Middle School in Lake Isabella.

190. He observed Jennevie standing near the street appearing to be injured.

191. Defendant drove to her location to investigate.

192. He observed a bump above Jennevie 's eye.

193. Defendant asked her what happened.

194. Jennevie alleged that I struck her.

195. In fact my act was in self defense after she threw a hard object at me.

196. I would be her common law husband of 9 years if California recognized common law marriage.

197. She had left the home after hit her.

198. Now she was returning to the house.

199. Defendant officers Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles arrived.

200. Upon hearing that I hit Jennevie, the defendants conspired and arrested me for spousal abuse based solely upon Jennevie ’s incomplete statement

201. Their action was retaliation for my testimony against defendants Defendant Sheriff’s Deputy John Nobles and Defendant Sheriff’s Deputy Pamela, as described herein.

202. They intended to deter me from testifying against them in the civil rights case of Dorothy Barnes my neighbor across the street.

203. Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles, intentionally failed to conduct a preliminary investigation to determine the aggressor of said altercation.

204. Jennevie failed to admit that she was the aggressor.

205. Without warrant, legal, or probable cause, Defendant sheriff’s Deputy David Boyd restrained Jennevie against her free will to the confinements of his patrol car, despite her protests that she did not wish to file charges against Mr. Ward.

206. Thereafter, defendant transported Jennevie to our residence located at 3476 Jeffery Way in Lake Isabella.

207. There they awoke me by knocking on my back door.

208. Defendant sheriff’s Deputy David Boyd ordered me to step outside.

209. I immediately stepped outside and was immediately surrounded by Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles.

210. Without warrant, legal, or probable cause, Defendant sheriff’s Deputy David Boyd acting in conjunction with defendant Sheriff’s Deputy Sam Smith and Defendant Sheriff’s Deputy John Nobles, arrested me.

211. They falsely accused me of Health & Safety Code § 11550(a) being under the influence of a controlled substance, and Penal Code § 273.5(a) spousal abuse.

212. I was not intoxicated, or under the influence of any drugs.

213. Defendant Sheriff’s Deputy Sam Smith, who is a certified Drug Recognition Expert (DRE), performed a drug evaluation on me.

214. Defendant Sheriff’s Deputy Sam Smith observed that Mr. Ward appeared to be tired and sleepy.

215. Further he determined Mr. Ward's pulse rate to be consistently about 68 beats per minute (bpm).

216. Thereafter Sheriff’s Deputy Sam Smith, who is a certified Drug Recognition Expert (DRE) falsely implied that I was under the influence of a Central Nervous Stimulant (CNS).

217. Smith engaged in this misconduct to implicate Mr. Ward on false charges, even though my symptoms did not support defendants' contentions.

218. The police cuffed me.

219. Then Defendant sheriff’s Deputy David Boyd asked if defendants could search my home for drugs or weapons.

220. I denied that drugs or anything illegal was inside said residence.

221. I refused to give permission to search.

222. As they led me to the police car I shouted to Dorothy Barnes my neighbor across the street. Remember Dorothy? She is the woman at whose prelim I testified.

223. Let’s recap: Defendant Sheriff’s Deputy John Nobles Defendant Sheriff’s Deputy Pamela Belmore were proven by me to be liars and perjurers.

224. And here at the scene was Deputy John Nobles.

225. He should have recused himself in this arrest.

226. This was his chance for revenge.

227. As neighbors witnessed my being led to a patrol car, I shouted to Dorothy Barnes my neighbor across the street:

"Dorothy, I just told these officers that they could not search my home without a warrant, make sure they don't go into my house."

228. Prior to the Defendants entering said residence, Dorothy Barnes my neighbor across the street protested:

"The owner of the home just told you could not search without a warrant."

229. The Kern County Sheriff's report authored by defendant Sheriff’s Deputy Sam Smith provides, in pertinent part:

“After Ward was transported to the Sheriff's station, I assisted Deputy Defendant sheriff’s Deputy David Boyd in interviewing Jennevie Sanchez. Deputy Defendant sheriff’s Deputy David Boyd and I entered Sanchez's's residence and began to interview her about this incident. Sanchez was told that Ward was under the influence of a controlled substance. I asked Sanchez if she knew if Ward was using methamphetamine. Sanchez said she was unaware that Ward was using methamphetamine. I asked Sanchez if there were any illegal substances or weapons inside the residence. Sanchez said she did not think so. Sanchez gave the permission to search the residence for illegal substances or weapons.”

230. Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles unlawfully entered my residence.

231. They knowingly provided fraudulent information to Jennevie,

232. They misrepresented that I was under the influence of a controlled substance.

233. They said that I had been arrested and charged as such.

234. They were well aware that Jennevie was an epileptic on medication, and that she was mentally challenged.

235. As a direct result of these lies of the defendants misled Jennevie into believing that I was using methamphetamine, and that methamphetamine was inside said residence.

236. Defendant officers failed to reveal to Jennevie the true facts in regards to defendants' conspiracy to arrest me and accuse me of spousal abuse based solely upon her original statement.

237. While Jennevie was in a highly emotional state induced by the events described above, defendant officers used this ruse ( that I was using methamphetamine) to obtain permission from Jennevie to search said residence for illegal substances or weapons.

238. By reason of the actions of the Defendants as herein above described, the defendants, and each of them, intentionally and knowingly overcame Jennevie's free will causing her to grant permission to search said residence.

239. Without warrant, legal, or probable cause, defendant officers Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles, entered and conducted a search of my home.

240. There were no drugs.

241. There was nothing illegal but the search itself.

242. During said search, Jennevie engaging in a physical altercation with Dorothy Barnes over defendants' said false information.

243. Settlement of said altercation required intervention by defendant officers.

244. They returned me from the substation back home to settle the altercation.

245. and return of Mr. Ward from the substation.

246. As a direct and proximate result of the acts and omissions of the defendants, as herein above described, the defendants said false information caused said altercation wherein Jennevie sustained injuries to her elbow.

247. Defendant Sheriff’s Deputy Sam Smith took pictures of Jennevie ‘s injuries, including the injuries sustained in her altercation with Dorothy Barnes.

248. At the time defendant Sheriff’s Deputy Sam Smith took said pictures, defendants were well aware that Jennevie was the aggressor in both her fight with me and in her fight with Dorothy Barnes my neighbor across the street.

249. While in the presence of defendant Sheriff’s Deputy Sam Smith and Kelley Holcomb defendant sheriff’s Deputy David Boyd further interrogated Jennevie in regards to her altercation with Dorothy Ward.

250. Jennevie stated to defendant sheriff’s Deputy David Boyd that she did not remember the events that occurred prior to her attack on me.

251. Jennevie stated that she had become angry and threw an object, which hit me.

Events of Friday Sept 19: Next Day: Seizure of photographs without warrant or probable cause.

252. On or about September 19, 2003, Defendant sheriff’s Deputy David Boyd seized the pictures of Jennevie from defendant Sheriff’s Deputy Sam Smith and placed them in KCSD substation case file.

253. At the time defendants Sheriff’s Deputy Sam Smith and Defendant sheriff’s Deputy David Boyd turned over said pictures to the Kern County criminal justice system, each was well aware that the public prosecutor, defendant Deputy District Attorney Perry Patterson, intended to use them for purpose of winning a criminal conviction against me.

254. On or about Saturday September 20, 2003, Defendants Defendant sheriff’s Deputy David Boyd, and Sheriff’s Deputy Sam Smith, individually and in conjunction with each other, prepared and submitted false reports to defendant Deputy District Attorney Perry Patterson. Defendants Defendant sheriff’s Deputy David Boyd and Sheriff’s Deputy Sam Smith reported false and misleading statements, and failed to reveal the true and complete facts in their reports in regards to said interrogations, altercations, and evaluation. Further, defendants failed to reveal the presence of Defendant Sheriff’s Deputy John Nobles, Ms. Barnes, and Ms. Holcomb. Defendants owed Mr. Ward a legal duty to report the true and complete facts.

255. Defendant sheriff’s Deputy David Boyd, and Sheriff’s Deputy Sam Smith failed to obtain and report factual evidence, which could establish that within the jurisdiction of the Kern County Superior Court, Mr. Ward violated Health & Safety Code § 11550(a) being under the influence of a controlled substance. In particular, WHAT specific substance he was accused of having been under the influence, WHERE it was alleged he consumed said substance, and WHEN it was contended he consumed said substance.

256. Defendant sheriff’s Deputy David Boyd, and Sheriff’s Deputy Sam Smith failed to obtain and report factual evidence, which could establish that within the jurisdiction of the Kern County Superior Court, Mr. Ward violated Penal Code § 273.5(a) abusing Jennevie. In particular, WHAT specific events took place that Mr. Ward having not acted in self-defense accused him, WHERE said specific events took place, and WHEN said specific events took place.

257. The Sheriff's report by defendant sheriff’s Deputy David Boyd says::

“While inside the residence, I again talked with SANCHEZ. I asked SANCHEZ to tell me exactly what happened. SANCHEZ said she became angry and she does not remember why. SANCHEZ then advised me that she has seizures at times Sanchez said that she went into the back bedroom and slammed the door. SANCHEZ said she then threw a plastic cup at the door. SANCHEZ said the next thing she knew, WARD opened up the door, walked up to her, and slugged her in the face with his closed fist, SANCHEZ said WARD then walked out of the room. SANCHEZ said she grabbed her purse and started walking down the Boulevard and she was picked up by me on the way back. I asked SANCHEZ If WARD used any weapons or if she had hit WARD. SANCHEZ stated he just slugged her in the face with his fist.”

258. Said report by defendant sheriff’s Deputy David Boyd clearly provided that Jennevie DID NOT REMEMBER the events, which had occurred prior to said altercation with Mr. Ward.

259. On or about September 22, 2003, at the Kern County Superior Court, defendant Deputy District Attorney Perry Patterson conspired and agreed with the defendant officers Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles to maliciously prosecute Mr. Ward on false charges by personally deciding the events that occurred, which Jennevie did not remember. Thereafter, without evidence to establish that the Court had jurisdiction, probable or legal cause, defendant Deputy District Attorney Perry Patterson testified falsely as a complaining witness against Mr. Ward under penalty of perjury, that all the information in complaint DA Case: COM 0495026, was by his belief true and correct that Mr. Ward was in violation of H&SC § 11550(a), and PC§ 273.5(a).

260. As a direct and foreseeable result of the said acts of defendants Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, Defendant Sheriff’s Deputy John Nobles, and Deputy District Attorney Perry Patterson, Mr. Ward was charged with violation of PC § 273.5(a), and Health and H&SC § 11550(a).

261. By reason of the actions of the Defendants, I was being charged with both drugs and violence.

262. My bail was set $2500.00 above the normal bail schedule.

Events of Monday 22 Sept 2003 - Denial of counsel and opportunity to demur.

263. On Monday September 22, 2003, at the Kern County Superior Court, presiding judge, defendant judge John Quinlen, entered a not guilty plea on behalf of Mr. Ward to said charges. At time referred, neither did counsel represent Mr. Ward, nor was he given notice of the charges against him. Further, Mr. Ward wished to demur. Mr. Ward did not consent to the defendant's action Thereafter, defendant appointed public defender, defendant Deputy Public Defender Patrick Glennon, to represent Mr. Ward. Thereafter, Mr. Ward was held prisoner in the Kern County Jail from September 18, 2003, until September 27, 2003, at which time he was released after posting $7,500.00 bail.

264. I challenged the defendant officers' account of my detention, the sufficiency of the evidence, and manner which evidence was obtained.

265. I did so by submitting a verified declaration to defendant Deputy Public Defender Patrick Glennon.

266. Further, I contended that the defendant officers had withheld exculpatory evidence by submitting to defendant Deputy Public Defender Patrick Glennon verified declarations from Ms. Holcomb and Ms. Barnes. Ms. Holcomb declared that Jennevie confessed to defendant sheriff’s Deputy David Boyd to throwing an object that hit me.

267. Dorothy Barnes also had an altercation with Jennevie on the day of my arrest.

268. Prior to trial I prepared a discovery motion that he presented to defendant Deputy Public Defender Patrick Glennon.

269. He refused to file said motion under pretense that it was not necessary.

270. His reason was that posted within the Offices of the Kern County Public Defender, was a "universal discovery motion" filed by defendant Head Public Defender Mark Arnold, which was more detailed and efficient than his In pro se motion.

271. By reason of the acts of defendant Deputy Public Defender Patrick Glennon as herein above described, defendant caused Mr. Ward to believe that an agreement existed between the District Attorney and Public Defender.

272. In fact there was no such agreement.

273. I believed that due to said motion all exculpatory evidence against me would be disclosed

274. Based upon that belief I agreed with defendant Deputy Public Defender Patrick Glennon that a challenge to the fraudulent pictures by defendant Sheriff’s Deputy Sam Smith would not be necessary.

275. During the pendency of the pre-trial proceedings, I presented defendant Deputy Public Defender Patrick Glennon with various pre-trial motions prepared In pro se.

276. Defendant Deputy Public Defender Patrick Glennon failed and refused to file each and all the motions, dismissing them as not being necessary.

277. Defendant compelled me to waive my right to a speedy trial several times in order that he could prepare a defense.

278. Defendant Deputy Public Defender Patrick Glennon failed to file any pre-trial motions, or conduct any type of investigation on my behalf.

279. In preparation for trial, I requested that Deputy Public Defender Patrick Glennon have expert witnesses called on my behalf to testify in regards to said symptoms of his Attention Deficit Hyperactive Disorder, and to the competence of Jennevie to recall events or perceive time due to her mental disabilities.

280. Defendant Deputy Public Defender Patrick Glennon stated, "My boss doesn't allow us to call expert witnesses for misdemeanors, our budget is limited, I don't even have an investigator, and so we have to rely on the officers as experts".

281. When they arrested me they had no probable cause to believe:

a. (I) that I was under the influence of a controlled substance,

b. (ii) that I abused Jennevie, and

c. (iii) that I had violated any law within Kern County jurisdiction.

d. Defendant Deputy District Attorney Perry Patterson failed to afford Mr. Ward a probable cause or preliminary hearing, and the sole evidence against Mr. Ward remained said report by defendants Defendant sheriff’s Deputy David Boyd and Sheriff’s Deputy Sam Smith.

282. On December 15, 2003, the first day of my, defendant Deputy District Attorney Perry Patterson submitted those pictures by defendant Sheriff’s Deputy Sam Smith.

283. The photos had not been disclosed to Mr. Ward as evidence pursuant to the "universal discovery motion" of defendant Head Public Defender Mark Arnold. Defendant Deputy Public Defender Patrick Glennon pretended to object to the undisclosed evidence.

284. However, defendant judge John Quinlen allowed said pictures to be introduced into evidence that the jury considered, and the objection made by Defendant Deputy Public Defender Patrick Glennon never made it into the record.

285. Said fraudulent pictures were introduced to the jury.

286. At time referred, Defendant Deputy Public Defender Patrick Glennon alleged a change in his defense strategy

287. He advised me that it would be in his best interest if Jennevie were to testify.

288. Upon the advisement of defendant Deputy Public Defender Patrick Glennon, I brought Jennevie to the courthouse and thereafter, defendant Deputy District Attorney Perry Patterson served a subpoena upon her to immediately testify.

289. During the time I was in trial, defendant Sheriff’s Deputy Sam Smith briefed Jennevie in regards to her upcoming testimony, and therein he misrepresented to her that she should not testify to throwing anything at Mr. Ward to avoid getting into trouble.

290. This constitutes subornation of perjury.

291. By reason of the actions of defendant Sheriff’s Deputy Sam Smith as herein above described, defendant intentionally overcame Jennevie ‘s freewill to testify freely, fully, and truthfully.

292. Thereafter, during cross-examination by defendant Deputy Public Defender Patrick Glennon, Jennevie testified "I didn't throw a piggy bank at his head".

293. Deputy Public Defender Patrick Glennon failed to mention Mr. Ward's head

294. Glennon intentionally failed to point out said discrepancy to the jury.

295. During further cross-examination, Jennevie testified that Ms. Barnes was choking her.

296. Defendant Deputy Public Defender Patrick Glennon held up the PROSECUTION pictures and stated "I don't see any choke marks".

297. Defendant knowingly and unlawfully impeached Jennevie ‘s testimony after she admitted to having an altercation with Ms. Barnes.

298. Defendant Deputy Public Defender Patrick Glennon caused evidence to be concealed from the jury, which the jury could have found that I acted in self-defense. The only possible reason for the acts of defendant Deputy Public Defender Patrick Glennon herein described was that he was not defending me, but was defending the misconduct of the defendant officers.

299. During evidentiary proceedings, Defendant judge John Quinlen ruled that for the purpose of my impeachment, me criminal record from about 9 to 21 years prior to the trial could be introduced into evidence.

300. Upon said ruling, defendant Deputy Public Defender Patrick Glennon so efficiently impeached me during his testimony to the jury, by disclosing each of my criminal convictions during said time period, Glennon even included a case that I won by dismissal.

301. Under cross-examination, defendant Deputy District Attorney Perry Patterson impeached me on my wish to not answer questions until speaking to an attorney following my Miranda warning and defendant Deputy Public Defender Patrick Glennon failed to object.

302. Glennon knew that said Miranda warning was read to me at the Sheriff's station, and that he had in fact explained to defendant officers prior to his arrest the cause of injury upon Jennevie.

303. Defendant Sheriff’s Deputy Sam Smith testified that he was a Drug Recognition Expert (DRE) and at time of arrest, he determined my pulse rate to be a low 68 bpm, which was "the symptom of a chronic drug user", and that it was his belief that I was under the influence of a CNS Stimulant such as "methamphetamine or cocaine".

304. This is know as proof by mere symptomology.

305. At no time did defendant Sheriff’s Deputy Sam Smith identify a particular stimulant. No other expert witnesses were called by the prosecution and defendant Deputy Public Defender Patrick Glennon failed to call any expert witnesses on behalf of my defense.

306. Defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, Sheriff’s Deputy Sam Smith, Defendant sheriff’s Deputy David Boyd, Defendant Sheriff’s Deputy John Nobles, and Deputy Public Defender Patrick Glennon knew that a low pulse rate of 68 bpm did not support that Mr. Ward was a chronic drug user.

307. On December 16, 2003, the final day of trial, Ms. Holcomb was called to testify on my behalf.

308. Defendant Deputy District Attorney Perry Patterson objected to her testimony on the grounds that it was hearsay evidence.

309. Defendant judge John Quinlen sustained the objection and defendant Deputy Public Defender Patrick Glennon failed to object.

310. By her verified declaration, the Defendants knew that Ms. Holcomb sought to testify in regards to statements made by Jennevie during said interrogation by defendant sheriff’s Deputy David Boyd when she admitted to have thrown an object at Mr. Ward.

311. My state of mind was relevant, and an out-of-court statement constituted circumstantial evidence of that state of mind, the out-of-court statement was not made inadmissible by the hearsay rule.

312. Defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, and Deputy Public Defender Patrick Glennon, knew or reasonably should have known that the testimony of Ms. Holcomb was not hearsay evidence.

313. As a proximate result of the said fraudulent concealment, the jury did not hear testimony by Ms. Holcomb, which the jury could have found Mr. Ward, acted in self-defense.

314. By reason of the acts of defendants Defendant sheriff’s Deputy David Boyd, as herein above described, Ms. Barnes feared retaliation by defendants if she testified at my trial.

315. As a direct and proximate result of the aforesaid acts of defendant sheriff’s Deputy David Boyd, Ms. Barnes failed to appear as a witness at Mr. Ward's trial. Thereafter, defendant judge John Quinlen conspired with the defendants, and denied Mr. Ward time to trail the proceedings in order that Ms. Barnes could be subpoenaed.

316. As a further direct and proximate result of the acts of defendants Defendant sheriff’s Deputy David Boyd, and Defendant judge John Quinlen as herein above described, defendants denied me the right to have Ms. Barnes testify on his behalf as a witness at my trial.

317. Upon discovering that Ms. Barnes was not going to testify, defendant Deputy District Attorney Perry Patterson huddled with Defendant Sheriff’s Deputy John Nobles along with Mr. Ward's declaration.

318. Thereafter, defendant Deputy District Attorney Perry Patterson called Defendant Sheriff’s Deputy John Nobles who therein gave perjured testimony to the jury by unlawfully impeaching the testimony of my Jennevie.

319. Defendant Sheriff’s Deputy John Nobles falsely testified that on the day of Mr. Ward's arrest, Ms. Barnes was not present. At time referred, defendant Deputy Public Defender Patrick Glennon failed to object when defendant Deputy District Attorney Perry Patterson impeached his own witness.

320. Defendant judge John Quinlen unlawfully altered the testimony record given by expert witness defendant Sheriff’s Deputy Sam Smith as herein above described, defendant judge John Quinlen deleted the words "cocaine or" from said testimony and then entered the altered record as "methamphetamine" into the instructions for the jury.

321. Thereafter, defendant judge John Quinlen unlawfully introduced the false record to the jury in the form of instructions given to determine Mr. Ward's guilt.

322. Defendant judge John Quinlen knew that said testimony given by the prosecution's expert witness, defendant Sheriff’s Deputy Sam Smith, did not support that Mr. Ward was in violation of H&SC § 11550(a). The reasons for the actions of defendant judge John Quinlen, was to cure the deficiencies of said testimony, in order to falsely convict Mr. Ward of a criminal charge the defendants knew there was not one centennial of evidence to support, in retaliation for Mr. Ward testifying against defendant officers Defendant Sheriff’s Deputy John Nobles and Defendant Sheriff’s Deputy Pamela Belmore in the preliminary hearing which defendant judge John Quinlen presided.

323. Defendant judge John Quinlen introduced the standard jury instruction on the right of mutual combatants to use self-defense CALJIC No. 5.56 to the jury.

324. Throughout the trial, defendants Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles engaged in flagrant perjury in the presence of the jury and defendant judge John Quinlen. Defendant judge John Quinlen failed to refer the matter to the Kern County District Attorney and thus became an accessory to the fact and after the fact in the furtherance of the conspiracy alleged. The jury found that Mr. Ward was not guilty of being under the influence of a controlled substance and that the defendant officers had perjured themselves on the stand.

325. Upon information and belief, defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, Deputy Public Defender Patrick Glennon, Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, Defendant Sheriff’s Deputy John Nobles and each of them, acted under an unconstitutional policy or custom wherein defendant Deputy Public Defender Patrick Glennon would not cross-examine defendants Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles to any degree that would reveal misconduct by the defendant officers. Defendant Deputy Public Defender Patrick Glennon pretended to defend Mr. Ward while he did in fact actually defend the defendant officers. In addition, defendants practiced the said policy or custom during the testimony of Jennevie.

326. Upon information and belief, defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, Deputy Public Defender Patrick Glennon, Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, Defendant Sheriff’s Deputy John Nobles and each of them acted under an unconstitutional policy or custom wherein Defendant Deputy District Attorney Perry Patterson maliciously prosecuted Mr. Ward with H&SC § 11550(a) based solely upon the OPINION of the defendant officers without having probable cause.

327. Upon information and belief, defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, Deputy Public Defender Patrick Glennon, Defendant sheriff’s Deputy David Boyd, Sheriff’s Deputy Sam Smith, and Defendant Sheriff’s Deputy John Nobles, have practiced said policies or customs against other similar situated accused Kern County citizens.

328. As a direct and proximate result of the defendants' acts and omissions, as herein above described, they caused and allowed false and misleading evidence to be introduced to the jury and concealed from that jury, facts which would have allowed Mr. Ward a fair and reasonable opportunity to present a defense, and have all the evidence evaluated in a fair trial where the jury could have found that I acted in self-defense.

329. As a direct and foreseeable result of the defendants' acts and omissions, as herein above described, the jury found Mr. Ward guilty of spousal abuse in violation of Penal Code § 273.5(a).

330. At all relevant times, defendant Deputy District Attorney Perry Patterson failed to establish that the Superior Court of California, County of Kern had jurisdiction to try Mr. Ward for said violations.

331. On or about December 18, 2003, I discovered said misconduct of defendants Defendant sheriff’s Deputy David Boyd and PURCELL that caused Ms. Barnes to refuse to testify at my trial.

332. Upon discovery, I wrote a motion for a new trial on grounds of newly discovered evidence which included, but not limited to, (I) said misconduct of the defendant officers, (ii) said misconduct of the defendant trial judge, (iii) misconduct of the defendant prosecutor, and (iv) the error by the Court denying said testimony from Ms. Holcomb.

333. On January 7, 2004, I filed my motion for a new trial pursuant to PC § 1181.

334. Defendant Deputy Public Defender Patrick Glennon stated, "Your honor, the defendant just wrote my name at the top of the motion, and signed it"

335. Upon information and belief, after I left the courtroom, defendant judge John Quinlen recalled my case No. KM015073A because there was a problem wherein a juror marked "not guilty" for count 1 of the complaint.

336. Throughout the day, defendant judge John Quinlen, Deputy District Attorney Perry Patterson, and Deputy Public Defender Patrick Glennon, discussed the accusations of my motion and conspired to remove it from the record.

337. At all times relevant and since, defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, and Deputy Public Defender Patrick Glennon, have failed to reveal and disclose to me the action of the juror herein above described, which could be grounds for a mistrial.

338. Defendants Defendant judge John Quinlen, Deputy District Attorney Perry Patterson, and Deputy Public Defender Patrick Glennon, owed a legal duty to Mr. Ward to conduct all proceedings in his presence, and to reveal and disclose all matters which could be grounds for a mistrial.

339. On February 3, 2004, defendant Deputy Public Defender Patrick Glennon unlawfully withdrew my Motion for a New Trial.

340. I did not consent.

341. Glennon did not notify me his intended action before or after the fact.

342. Defendant Deputy Public Defender Patrick Glennon owed me a legal duty to present a defense and allow me to write for myself to the court to petition the Court for redress of my grievances.

343. On February 4, 2004, I appeared with counsel, defendant Deputy Public Defender Patrick Glennon to have my motion heard.

344. Defendant intentionally failed to notify Mr. Ward that said motion had been retracted.

345. Thereafter, a hearing date of February 11, 2004 was set to have said motion heard before defendant judge John Quinlen.

346. On February 11, 2004, I appeared before defendant judge John Quinlen to have my motion for a new trial heard.

347. Deputy Public Defender Patrick Glennon then told me that he retracted my motion.

348. He claimed to have submitted his own motion for a new trial.

349. Defendant judge John Quinlen quickly denied defendant Deputy Public Defender Patrick Glennon without the prosecution even giving an argument.

350. At no time have I been given a copy, been allowed to examine, or has any personal knowledge that defendants alleged motion for a new trial in fact exists.

351. I argued that Defendant judge John Quinlen should recuse himself from hearing further proceedings in my matters on the grounds that he had introduced evidence to the Court of defendant's bias and impartiality towards him.

352. Further I made arguments in regards to the error in said jury instructions CALJIC No. 5.56, which failed to account for the circumstances in my case where the counter assault was so sudden and perilous that no opportunity was given to me to decline further to fight and could not retreat with safety.

353. Under said circumstance I was justified in my actions.

354. Defendant judge John Quinlen denied all arguments and sentenced me to 60 days remanding me to custody of the Sheriff.

355. I refused to except probation or agree to any condition of probation.

356. I "REFUSED" on the order granting probation.

357. Thereafter, defendant Deputy Public Defender Patrick Glennon had another order prepared and stated "Do it right".

358. I put me address on said order and handed it back to defendant Deputy Public Defender Patrick Glennon unsigned.

359. As I was taken into custody, defendant Deputy Public Defender Patrick Glennon handed me his copy of said order with my name printed DRAKE WARD.

360. Defendant judge John Quinlen owed me a legal duty to recuse himself from hearing further proceedings in his case where a person aware of all relevant facts might reasonably entertain a doubt about his ability to be impartial.

361. Upon sentencing, I requested that defendant Deputy Public Defender Patrick Glennon file a Notice of Appeal on denial of motion for a new trial.

362. Defendant judge John Quinlen denied me an opportunity to remain free on $7,500 bail bond pending his misdemeanor appeal, exonerated said bond, and set his appeal bond at $10,000.

363. By reason of the actions of defendant judge John Quinlen as herein described, defendant out of sheer vindictiveness and bias towards me set his bail at 4 times the normal bail schedule amount and the excessive amount did in fact prevent me from making bail.

364. Upon entering the minutes into the record for February 11, 2004, defendant Court Clerk Susan Yeargan knowingly omitted from her official reports the objections made by me and the events, as herein above described.

365. Defendant Court Clerk Susan Yeargan falsely certified"DEFENDANT STATES THERE IS NO LEGAL CAUSE WHY JUDGEMENT SHOULD NOT BE PRONOUNCED"

366. On or about February 16, 2004 in a hand written pleading, I submitted to the Appellate Division of the Superior Court, Kern County, JOHN DOES Five through Nine, an Emergency Motion to Set Aside Judgment Pending Appeal citing due process violations and misconduct including but not limited to the following:

(1) That Mr. Ward currently had a civil rights action before the 9th Circuit Court of Appeals.

(2) That Mr. Ward represented himself for over 3 years in a civil action before Honorable Judge A. Howard Matz of the U.S. District Court, Central Division in Los Angeles.

(3) That Mr. Ward is a federal witness

(4) That Mr. Ward testified against law enforcement officers in state court.

(5) That a conspiracy to retaliate against Mr. Ward exists.

(6) The conspirators include officers, Judges, Prosecutors, and defense attorneys.

(7) That Mr. Ward submitted to the Kern River Court an In pro se, 9 page Motion for a new trial containing illegal acts and misconduct during his trial.

(8) That Mr. Ward's motion for a new trial was retracted by his counsel.

(9) That Mr. Ward had been acquitted in count 2 of his charges and guilty on count 1

(10) That Mr. Ward's trial and representation was a Farce and a Mockery of Justice.

367. On February 25, 2004, defendant Deputy Public Defender Patrick Glennon had me brought before defendant judge John Quinlen in an attempt to have himself excused as me appointed council on said appeal in Case No. KM015073A.

368. However, defendants JOHN DOES Five through Nine from the Appeals Division had contacted Kern River Branch Superior Court in receipt of my Emergency motion

369. JOHN DOES directed to the Court that defendant Deputy Public Defender Patrick Glennon would be required to represent me on my appeal.

370. As a direct and proximate result of the acts and omissions of the Defendants, I was held as a prisoner, under a false conviction of PC § 273.5(a), from February 11, 2004, until March 9, 2004

371. During said times of incarceration, Jennevie suffered from loss of consortium.

372. On or about June 6, 2004, I discovered that the record on appeal had been altered.

373. Defendant Deputy Public Defender Patrick Glennon knowingly failed to ensure that the record on appeal was complete.

374. Some of my document were not on the record.

375. Defendant Deputy Public Defender Patrick Glennon owed me a legal duty to ensure that his record for appeal was complete and not altered.

376. On or about July 16, 2004, in the Appellate Division of the Kern County Superior Court, I filed a motion to augment the record on appeal citing misconduct by defendants and due process violations cited in said Emergency motion.

377. I attached the documents that were missing from the record

378. Upon information and belief, defendant Judge Frank A. Hoover presiding Judge of the Appellate Division Court, contacted defendant Deputy Public Defender Patrick Glennon in regards to the allegations of said motion.

379. The defendants reached an agreement to cover up said misconduct of the defendants.

380. Defendant Deputy Public Defender Patrick Glennon agreed to submit a motion to be removed as attorney.

381. Defendant Judge Frank A. Hoover agreed to assign the appeal to an attorney under the appellate courts control.

382. On or about July 16, 2004, defendant Judge Frank A. Hoover issued an order denying said motion: THE MOTION TO AUGMENT THE RECORD SUBMITTED BY THE APPELLANT, NOT HIS ATTORNEY, IS DENIED.

383. Judge Frank A. Hoover knew that defendant Deputy Public Defender Patrick Glennon was no longer representing me.

384. Hoover knew that said motion sought to correct me record for appeal.

385. I wanted my appellate record to be complete and accurate without altercation or false information.

386. Attorney Douglas Palaschak reports that a lawyer appointed by the California Supreme Court once left out half the transcript of the suppression motion.

387. Defendant Judge Frank A. Hoover failed to order an evidentiary hearing or any type of investigation in regards to the unconstitutional and illegal acts alleged in my legal pleadings.

388. Judge Hoover chose, to conspire with the defendants and help further the denial of my due process rights and the conspiracy alleged.

389. On July 19, 2004, defendant Deputy Public Defender Patrick Glennon filed an unverified Ex parte request to be relieved as attorney of record on my appeal.

390. Ironically the only pleading that Glennon filed in my case was to illegally get out of doing something he was legally required.

391. Attorney Douglas Palaschak says that public defenders don’t do written motions. In some states they say so outright. In California they mislead you. Remember, it is not a lie to refuse to do what you promised to do.

392. Defendant Judge Frank A. Hoover and JOHN DOES Seven through Nine knowingly granted said pleading that denied me due process.

393. On October 8, 2004, at about 2:00 P.M. in the Appellate Division Superior Court, Kern County, having denied my motion to augment the record and aware of the misconduct of the defendants, defendant Judge Frank A. Hoover, and JOHN DOES Seven through Nine affirmed the judgment of the trial court.

394. On or about October 15, 2004, I discovered that defendants Deputy District Attorney Perry Patterson and/or Deputy Public Defender Patrick Glennon conspired to withhold part of the Sheriff's report from me.

395. This portion of report was material to both Mr. Ward's guilt, and jurisdiction of the Court.

396. By their said acts and omissions, defendants Deputy District Attorney Perry Patterson and/or Deputy Public Defender Patrick Glennon omitted from the official report of Defendant sheriff’s Deputy David Boyd and Sheriff’s Deputy Sam Smith, and otherwise failed to reveal that defendant Deputy District Attorney Perry Patterson did not have jurisdiction to try me on said charges at time of said trial.

397. As a proximate result of said fraudulent concealment, the Plaintiffs did not discover the fact that said defendants did not have jurisdiction until on or about October 15, 2004.

398. On November 2, 2004, at about 10:00 a.m. at the Offices of Kern County Counsel, located at 1115 Truxtun Avenue 4th Floor, Bakersfield, California, I gave a deposition in the case of Dorothy Barnes my neighbor across the street v Kern County, et al. filed in state court.

399. At the deposition Counsel for defendant Kern county asked me about my being a party to the instant action.

400. He asked me about facts known to Defendant Sheriff’s Deputy John Nobles.

401. Upon information and belief, in or about October 2004, at said place In re Barnes, Defendant Sheriff’s Deputy John Nobles testified in a civil deposition, taken by defendant COUNTY OF KERN. During said testimony, Defendant Sheriff’s Deputy John Nobles testified in regards to having a conversation with Dorothy on the day of my arrest in September 2004.

402. Upon information and belief Kern County has in its possession evidence that Defendant Sheriff’s Deputy John Nobles knowingly and intentionally provided perjured testimony at my trial.

403. Nobles did indeed lie at my trial

404. His lie is part of the conspiracy.

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