From: hkhenson@cup.portal.com
Date: Wed, 2 Mar 94 00:23:38 PST
To: cypherpunks@toad.com
Subject: fyi
Message-ID: <9403020024.1.28502@cup.portal.com>
MIME-Version: 1.0
Content-Type: text/plain


Sorry to inflict this *DRAFT* copy of a letter on the net, but I have 
begun to feel rather paranoid--the kind of feeling you get from 
stepping into deep water and being among sharks.  (I wonder if Danny 
C. would have done better if he had kept the net informed as he went 
along?)  I have been told that the court clerks and judge's 
secrataries (who work for the Justice Departement, and are not really 
under the control of the Judges) do abuse-of-process favors like thoes 
reported below for the US Attorneys all the time.  When the name 
spellings and facts get checked, I plan to print it out, put on my 
suit, and hand deliver it to the Judge Patel in open court.  I hope to 
report in a day or so.


H. Keith Henson 
799 Coffey Ct. 
San Jose, CA  95123 
408-972-1132 

Judge Marilyn Patel 
Northern District of California 
450 Golden Gate Ave., 19th Floor 
San Francisco, CA  94102 
 

March 1, 1994


Dear Judge Patel:

     As a friend of the court, I suggest you look into the actions of 
your clerks.  It appears they withhold information from you and play 
games with your calendar. 

     Last Thursday, Richard Williams (a lawyer from San Jose) made 
telephone contact with Ms Moriyama in the clerk's office.  He had a 
motion to file for return of property and suppression of evidence in a 
case which itself involves a report of fraud on Judge Brazil to obtain 
a search warrant.  

     Ms Moriyama told him that the motion could be placed on the 
calendar of your court for Monday, February 28, 1994 at 2:30 pm if he 
could get the motion filed early Friday morning.  Mr. Williams had the 
motion filed by courier with the clerks office by about 9 am last 
Friday.  He fully expected to be before your court Monday at 2:30.  I 
learned of the hearing Friday and made plans to be there myself since 
my affidavit is part of this motion.  Two of Mr. William's staffers 
talked to Ms Moriyama last Thursday, and are prepared to testify as to 
her agreement to putting the motion on your calendar, though the 
option was left open that you might shift it to some other department 
at the same hour. 

     Monday about 10 am, Ms Moriyama called Mr. Williams saying she 
had no copy of the motion (two were filed) and denying that she had 
even agreed to put this matter on your calendar, or even that she had 
talked to Mr. Williams or his staff the previous week.  She tried to 
get the matter placed before Judge Brenin, and when told that a 
Magistrate-Judge was unacceptable, she got the motion hearing placed  
on Judge Caulfield's calendar one day before the matter is to be moved 
to Tennessee, inflicting great costs and business damage upon the 
plaintiffs.  While talking to Judge Caulfield's clerk on Monday, Mr. 
Williams was told that the US attorney had ordered the clerks to 
remove the motion from your calendar after it had been scheduled! 

     Though I do not know that Judge Brazil ever saw the letter I 
wrote to him, one of his staff called me and left a long message 
(which I preserved) on my answering machine.  In it, the staffer 
stated that it was not a Judge's role to investigate the fraud 
perpetrated on his court to which I had directed his attention, and 
that I should contact the US attorney if I wished the matter to be 
investigated.  Given that the US attorney has manipulated your 
calendar to prevent these very matters from being brought to the 
attention of your court, I believe this approach would be akin to 
getting a fox to guard the henhouse. 

     I have never considered myself a naive person.  In spite of this, 
I have always felt that the judiciary in this country was honest.  I 
still feel this way, but how effective can an honest judge be when 
their information channels are completely controlled by one party in a 
case? 

     Sincerely, 


     H. Keith Henson