*** Chasing the Colorado Governor Around
- Chasing the Colorado GovernorAround and Around and AroundI posted the letter that I sent to the Governor of Colorado asking him to prosecute corrupt judges and prosecutors that I have caught violating the law. He sent me back a letter that appears to have been signed by him personally. The letter says:
Thanks for your letter concerning alleged criminal misconduct by judges and prosecutors.
As I understand your letter, you have already cited CRS Section 16-5-209 to seek to require the prosecution of the various offenses you allege. Having not been satisfied with the judges' decision not to compel a prosecution over the objections of the District Attorney's Office, your complaint would seem to rest with what you have characterized as the
misconduct of those judges themselves.
Article VI Section 23(3) of the Colorado Constitution provides for the Commission on Judicial Discipline to consider such allegations. The Commission is expressly empowered to take action if violations of the Colorado Code of Judicial Conduct are found to have occurred. This constitutional safeguard is the legally appropriate forum to which allegations of judicial misconduct should be addressed.
Thanks again for writing to me.
/s/ Bill Owens
I wrote back:
June 2, 2000
Governor Bill Owens
136 State Capitol
Denver, CO 80203
RE: Getting tough on crime committed by judges and prosecutors!
Dear Governor Owens:
I was very exciting to have received what appeared to be your personal attention to my letter regarding crimes committed by prosecutors and judges dated April 26, 2000.
I've read recently in one of the Denver papers that you are involved in a plan to locate and arrest fugitives from justice that are wanted on felony warrants. I applaud your stance on this.
What I'm wanting is for you to take that same aggressive approach to crime committed by government officials. I wrote to you only about what I know of in the Larimer District and County Courts. I have first hand knowledge of much more and there is plenty more to be revealed.
These prosecutors and judges, who have taken oaths to uphold the law, are playing fast and loose with the lives of people. They are consistently failing to uphold the will of the people by ignoring or failing to carry out legislation put in place after much thought, debate and input by the legislatures to, in most all cases, protect the rights of the people called before the courts within the boundaries of Colorado. They're getting away with this because lawyers for the most part let them because
if they report their crimes and fail in getting the judges and prosecutors prosecuted they could pay the price dearly for having done such.
I care nothing for my own life. My number one goal is to see justice evenly applied across the board. If they retaliate against me for seeking the even application of justice, such as Judge Kochenburger and Deputy District Attorney John Middlebrook already have, to me that is a small price to pay to accomplish the end that prosecutors and judges are treated equally when they have violated the law.
I'm feeling like you didn't read the first letter I sent you very
carefully based upon your response.
First, you make reference to 16-5-209 C.R.S. that was cited in some of my solemn declarations and say with reference to that, "Having not been satisfied with the judges decision not to compel a prosecution over the objections of the District Attorney's Office, ..." The fact of the matter is that the District Judges have taken no action whatsoever that in any way acknowledges even the receipt of the solemn declarations I sent you and filed with them. Furthermore, it should have been readily apparent that the District Attorney, if he had done anything, which he hasn't, would object vociferously to his own prosecution. One of them told me that he wouldn't proceed against Judge Carney because they were interested in the case by virtue of appearing before her everyday. Judge Kochenburger even ordered Deputy District Attorney John Middlebrook to investigate Judge Carney for having altered the record and nothing whatsoever has been done on that. I know because I'm the key witness that has proof of the crime and I have never been contacted.
There s a "good ole boys network" running up here in Larimer County. It is your job to break that up and not let them commit crimes listed in my solemn declarations and get off scott free by ordering the Attorney General to conduct and investigation and prosecution of all involved. If you don't do so aren't you complicit with their acts? Aren't you giving your tacit approval to the crimes they've committed? If you don't take any action to clean up the mess in Larimer County haven't you perjured your oath of office? Everything I've stated in the solemn declarations I sent you is verifiable on the record made in the proceedings mentioned, unless, of course, the defendants have altered the record already, which wouldn't surprise me to much based on past experiences.
Secondly, in your letter you referred me to the Commission for Judicial Discipline. What you overlook is that in the certificate of mailing attached to the solemn declarations I certified that I had already sent everything that I sent you to the Commission for Judicial Discipline.
Attached is a copy of their response to that package. Based on that response, it looks to me like they think everything that the judges did is just fine with them. I've also enclosed a copy of my cover letter that was sent to them along with the same solemn declarations that I sent to you (excepting the complaints against the D.A.).
Thirdly, I have not filed any criminal charges against the District Judges themselves because of the use of the term "may" in 16-5-209 C.R.S. which the courts have previously held to be a directory term leaving whether action is to be taken to their discretion. To me this means that failure to take action is not a crime. It may be that the judges that I've filed those notices with are accessories to the crimes mentioned because they have with intent to hinder, delay, or prevent the discovery, detection,
apprehension, prosecution, conviction, or punishment of another for the commission of a crime, have rendered assistance to these judges and prosecutors. See 18-8-105(1) C.R.S. I haven t decided yet whether I will be seeking their prosecution on that basis.
Fourthly, you refer me to the Commission for Judicial Discipline which I've addressed in part. What I would like to know is, can you provide me even one instance where the Commission for Judicial Discipline has criminally prosecuted even one judge? I don t think you can because criminal prosecutions are reserved for the courts. I do think that the
judges I've accused deserve to lose their jobs. However, I also think that their punishment should be commensurate with the crimes they have committed. They've sentenced many people to jail for failing to obey the law. Why should they suffer any less of a fate? I contend that when a judge commits crimes he does so in his personal capacity. Crimes such as perjury of his oath and official misconduct are made possible by his holding an official position of trust in the government. A position he/she
openly scoffs at and denigrates when they fail to follow the law. When Judge Kochenburger threw me in jail, and violated constitutional, statutory and court rules while doing so, he cared nothing that I was going to lose all of my karaoke shows, be unable to pay bills, plus suffer a loss of standing in the community. If the law is being applied evenly he should suffer the same fate when he violates the law. Prosecute and throw
one judge in jail for failing to follow the law and two things will
happen:1) The flood gates will open and you will be given knowledge of hundreds of judges in Colorado that have not and are not obeying the law by thousands of litigants be they defendants, civil or criminal, or plaintiffs;2) The judges will start studying the law and obeying it so
that they don't suffer a similar fate. When this happens, Colorado will experience an economic boom because the news will spread far and wide that Colorado is a state in which justice can be had in the courts.
Fifthly, in your letter in response to mine, you fail to address my complaints against the Deputy District Attorneys. I've heard that there is a disciplinary board for them also, but you make no mention of it.
Sixthly, you either don't know about or have neglected to take notice of the concept that a parallel judge cannot sit in judgement on another judge of the same level. I personally believe that this principle wouldn't apply to criminal charges because the accused judge wouldn't appear before the court in an official capacity. However, the problem remains that these
judges by virtue of their close proximity and like positions have a relationship, be it hostile or amicable, that would preclude them from hearing each others criminal cases. If I was a judge in the Larimer County District Court, this fact alone would cause me to take no action. This concept especially applies to my accusations against Judge Sullivan, a district court judge.
There must be some very good reasons that you can order the Attorney General to commence a criminal prosecution via Article 4 Section 2 of the Colorado Constitution. I think that this situation is just what the framers of the Colorado Constitution had in mind. Please don't be hypocritical in your enforcement of the laws and seek compliance with the law from judges and prosecutors as well as the felons. Simply forward my solemn declarations to the Attorney General along with an order from you for them to get on it. I look forward to hearing from them.
You wanted to be the governor and now you are. This means that you get to deal with these kinds of issues. Don t send me another letter passing the buck. I want the buck to stop with you. If you don t think that government officials should be criminally prosecuted for their crimes say so plainly so that I can know the official position of Colorado. I m not stopping
until justice is applied evenly. I guess that means that if you will let the rest of us off on any class of crime you won t prosecute and judge or prosecutor for that would work too. If you don t take care of this I might have to go over your head.
Thank you for your time,
Mike - VioctimOne@...________________________________________________
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