[GPSCC-chat] Hearing Monday, Oct. 15, Dept. 9, Santa Clara County Superior Court, new courthouse building, 191 North First Street, San Jose, CA

[Spencer Graves]

Hello, All:


JUDGE ORDERED STAR CHAMBER DEPOSITION


	  The hearing last Friday, Oct. 12, 9 AM, was canceled at the last 
minute, because David Merritt successfully filed a request for 
reconsideration of the decision that Judge Stoelker would NOT be recused 
from the case.  In brief, the reviewing judge noted that consistent 
decisions against one party in a suit do not establish bias, even if 
those decisions are contrary to law.  I agree.  The standard is whether, 
"A person aware of the facts might reasonably entertain a doubt that the 
judge would be able to be impartial."  The facts in this case include 
Judge Stoelker ordering a deposition being taken of Salma Merritt, 
disabled in frail health without independent observers and independent 
record of the proceedings by an attorney who previously screamed 
obscenities and physically assaulted Salma's elderly father-in-law.  On 
those grounds, I believe the weight of the evidence would say that 
Stoelker was biased in favor of his previous clients.  For more info, 
see "Merritt v Countrywide" at occupy.pbworks.com (or 
http://occupy.pbworks.com/w/page/57677826/Merritt%20v%20Countrywide).


HOW MUCH MUST WE PAY FOR EQUAL JUSTICE?


	  The next hearing in this case is scheduled for next Monday, Oct. 15, 
9 AM, Dept. 9, Santa Clara County Superior Court, new courthouse 
building, 191 North First Street, San Jose, CA.  This hearing will 
determine whether the Merritts will continue to be eligible for fee 
waivers in filing legal documents with the courts.  This may sound like 
a minor issue, but there have been over 600 documents filed so far in 
this case, and the standard filing fee for many documents is $435 each. 
  If 300 of those were filed by David Merritt and if he had to pay $435 
for a third of those, that, $43,500.  That's nothing for Bank of 
America, but is a large sum of money for people like the Merritts.


	  I plan to be there Monday at 9 AM.  I hope to see some of you there 
with me, humbly beseeching for equal justice under the law.


	  Best Wishes,
	  Spencer
M:  408-655-4567


#####################


       The next hearing in Merritt v. Mozillo is scheduled for this 
Friday, Oct. 12, 9 AM, in Dept. 18, Santa Clara County Superior Court, 
old courthouse building, 161 North First Street, San José, CA.  For more 
information, including to confirm the the time, please, "Merritt v 
Countrywide" at "occupy.pbworks.com".


       If you can come, please do so.


       We all want to believe in equal justice under the law. 
Unfortunately, the development of the current international financial 
crisis is consistent with the claim that the wealthy write the laws (and 
control the media) to benefit them.[1]  This seems like one more example 
of the principle enunciated by Anacharsis in ancient Athens that, "Laws 
are spider webs, which catch the little flies, but cannot hold the big 
ones."[2]  Vaclav Havel, prominent Czech dissident, imprisoned under the 
Communists and later selected as the first President of post-Communist 
Czechoslovakia, noted that people were "easily and inconspicuously 
locked up for copying banned books [but] policemen, prosecutors or 
judges [would] suddenly and anxiously begin to take particular care that 
no cracks appear in the ritual" when considering a case that drew 
substantial attention.[3]


       Currently, elite financial fraud has reportedly been 
decriminalized.[4]  Your presence in the court this Friday could improve 
the chances for equal justice under the law.


       Thanks,
       Spencer


[1] David Graeber (2011) Debt:  The First 5000 Years (Melville House)


[2] Wikipedia, "Anacharsis"


[3] Václav Havel (1985) The Power of the Powerless (M. E. Sharpe, pp. 75-77)


[4] Bill Black (Dec. 28, 2010) "2011 Will Bring More De facto 
Decriminalization of Elite Financial Fraud", Next New Deal:  Blog of the 
Roosevelt Institute 
(http://www.nextnewdeal.net/2011-will-bring-more-de-facto-decriminalization-elite-financial-fraud). 
Paul Jay interview with William K. Black regarding "get tough on banks" 
claims in Obama's State of the Union message, The  Real News Network, c. 
9 March 2012 
(http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=7926). 
John T. Burke, Jr. (Apr. 16, 2012) "Another Slap On the Wrists", 
TheCenterLane.Com (www.thecenterlane.com/?tag=savings-and-loan-crisis). 
  William K. Black (2005) The Best Way to Rob a Bank Is to Own One (U. 
of Texas Pr.).


-- 
Spencer Graves, PhD
Executive Director
effectivedefense.org
751 Emerson Ct.
San José, CA 95126
ph:  408-655-4567
web:  www.structuremonitoring.com




-- 
Spencer Graves, PE, PhD
President and Chief Technology Officer
Structure Inspection and Monitoring, Inc.
751 Emerson Ct.
San José, CA 95126
ph:  408-655-4567
web:  www.structuremonitoring.com