Justice Delayed...

[XLFD]

Human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.
Martin Luther King, Jr.

 

When I originally started out as an internet contributor back at the now defunct Ludington Talks back in April 2009, I brought to the forefront of my conversations my dispute with the local district court and the City of Ludington and the fallout arising from what amounted to an insignificant bicycle traffic stop that escalated in scope when certain public officials did unethical and unlawful acts in the process of getting it resolved described from its beginning here and then  followed up with more here and left it hanging right here on The Lawbreakers, Episode 3.

 

There was a bit more in that story that I have never gotten around to divulging publicly that is indicative of the little regard for the law that both the City of Ludington and the 79th District Court possess, and the even lesser regard by many public officers for justice.  Other topics of interest came up to mercifully fade away from my memory the irreparable harm that was caused to justice in our area over the period of a year. 

 

But finally after a lengthy process that has been blocked repeatedly over time by buck-passing and avoidance of duties by public officials, my lawyer has initiated a researched motion in the 79th District Court to annul the malfeasance of justice that took place to a citizen of Ludington in the years 2008 and 2009.  This is that motion.

 

Motion for Relief of Judgment.pdf

 

As you can see by reading the motion, most of what is being disputed is mostly concerning the technical process of what actually transpired and the law, this is easier for legally proving than making charges against some of the principals involved and their intentions.  Amongst the 38 points brought forth by the motion are inadequacies about:

 

1)  The original ticket

  a)  Why was it originally marked a "state offense", but tried as a municipal?

  b)  What was/is  "ORD 5.35"?

  c)  What is a "disregard stop sign" offense?  what law is broken?

  d)  Why didn't the officer know the stop sign was void by its placement?

  e)  Why hadn't the police chief created a traffic control order for this sign (and others)?

2)  The Court registry/records

  a)   What is the charge of "Stop sign" which was my offense?

  b)  Why did the court's copy of the ticket have "City of Ludington" offense marked as well, whereas my copy didn't?

  c)  Why did the court not properly assign Judge Raven on the three different dates set for    hearing  to sit for Judge Wadel?

  d)  Why was there no service of process for the changes by the court of the date?

  e)  Why was I not notified of why Judge Raven was assigned each time instead of Judge Wadel?

  f)  Why did the court not respond to my question of  Judge Raven's jurisdiction after several inquiries over a long period of time, and why didn't they ever show (incomplete) proof until my attorney got involved in 2010? 

3)  Judge Raven/ his decisions

  a)  Why did Raven assume he had jurisdiction at my original court date?

  b)  Why did Raven or the district court not produce documents to show he had a blanket assignment or a written assignment to try me when asked for several times?

  c)  Why did Raven charge me with "civil contempt" and use "criminal contempt" punishment and charges?

  d)  Why did the contempt decision say that Judge Wadel was present and presiding, when he wasn't?

 

Seems like a lot of errors made by the police, the district court, and Judge Raven, but this isn't the full list, just what's going forward.   Not any of the personal run-ins with some of the characters that would rather deny me due process than grant me the right to ask questions.  If you ask me what has motivated me to continue forward these past three years, I need go no further than look at what happened here to me.  And realize that they are using their public-endowed powers to oppress others of the public they supposedly serve. 

 

All I did was request a formal hearing to contest a bicycle traffic ticket where I could not find a law that I broke and point out that the stop sign was not erected properly; what I got was a total revision of my perspective on several local public figures who would violate my rights, their ethics, and our laws in order to get their way. 

 

Depending on your perspective, you may dismiss such a lawsuit as an anomaly pursued by someone who has axes to grind with public officials over minutiae, but I would hope that you look further into it than that and see that such wanton violations of process and rules by public officials in the city and the county courts is a symptom of the widespread corruption that has took hold in the area over many years of apathy by the public at large, and regularly exposed here at The Ludington Torch.

[Willy]

 From what I have read, you have to prove fraud in order for your case to proceed and Ludington will counter your arguement that no fraud had been committed therefore the case you presented should be dismissed. Your reasoning is that the sign was placed without the proper authorization and therefore violations commited regarding the sign are not violations because your actions should have been taken in the context as though the sign was not there. The other point your suit is making is that the judge had no authority to preside over your case so his ruling is a moot point because he wasn't authorized to be there in the first place. A question I have is, can Judge Wadel priside over this case if he authorized a judge to sit in for him contrary to what the law allows? Wouldn't that be a conflict of interest and isn't he part of the problem? Another question I have to ask is why in the World is the CIty of Ludington paying an attorney huge amounts of tax payers dollars to defend againts your case. I could understand it If you were trying to over turn a murder conviction but not for runnning a stop sign that was not supposed to be there in the first place. Just the fact that the City is spending money defending their illegal actions shows how incompetent Ludington City officials are.

[XLFD]

Two frauds were effectively perpetrated on the court, one that I brought forth in my initial courtroom experience, one that was found out afterward.  The first was that the stop sign I was ticketed for was placed 25 ft. from where the Manual of Uniform Traffic Control Devices (MUTCD) said it should be (at 4 ft. before a crosswalk) a point I brought up repeatedly to no avail to Probate Judge Raven, whom I hope knows more about wills and trusts than he knows about traffic law.  

The second was that there was no traffic control order (TCO) for the stop sign made by the City's Traffic Engineer (Chief Barnett, whose lack of ethics and professionalism in the whole affair shocked the heck out of me).  In defense of Chief Barnett and the LPD officer that stopped me for yielding and proceeding safely at the sign, there should have been a TCO for this sign before it was installed, which happened a while ago, and it should have been put 25 ft. back. 

The first fraud should have been caught by the LPD officer or the City's Attorney at that time, Jack Bulger, or the judge.  I believe Judge Wadel would have at least entertained the notion if he didn't know the point I brought forth.  It was allowed to let stand as something that had no effect.

The second fraud was stronger, the sign was explicitly said by the LPD officer to be legally enforceable, and I had no knowledge at the time to say otherwise.  These allow me to bring forth the case to dismiss it, even well after it has been over 3 years since.

 

[XLFD]

The second point about the judge's jurisdiction is very viable.  I went to jail for "civil contempt" simply because Judge Raven and the 79th District Court's magistrate/office did not want to reveal any legally-recognized assignment of Judge Raven to my case by the Court Magistrate Patricia Baker.  As my lawyer has found in his research, no such assignment ever existed. 

 

Can Judge Wadel preside over the case, and is there a conflict of interest?  I'm willing to let him make that decision; I think he would be best qualified among our judges to make a decision on the merits of this motion, and I'm willing to test his fairness.  If he doesn't make what my attorney and I move for, I will definitely have to review the findings, and consider an appeal.

[XLFD]

If you think the City is using a lot of money for this nonsense, just wait till you see how much they're expending to suppress the release of Nick Tykoski's business dealings with the City of Ludington.  Soon to come.