09.28
Ray Roberts (Montgomery County Public Defenders Office) is refusing to respond to my requests for documents – he just keeps asking what documents. I tell him. And he just asks what documents again. I requested an explanation for a petition he filed without my knowledge or consent. A petition to withdraw my Appeal to Superior Court – a deliberate act intended to sabotage. Well, further sabotage. The Big Silly Goose. Also, the Public Defender has neglected filings and deadlines and had two earlier appeals dismissed for non-response.
Oops! Well, there goes another chance to address JURISDICTION. Pretend jurisdiction does not provide jurisdiction. SILLY SILLY SILLY.
Focusing on an irrelevant piece of information, he misinforms. Why? How can he get away with that? Well, he and the entire Public Defenders Office know the law.. They understand jurisdiction is a necessity. They KNOW that Judge Carpenter acted without jurisdiction, or authority, when he issued his order appointing the Public Defender. It is why the Public Defender isn’t doing anything for me. They know their assignment is a farce. They cannot abide a defective and void order. THEY WON’T POINT IT OUT EITHER. Why? Well, there were people from the Public Defenders Office in the ex parte event in the judge’s chambers when Judge Carpenter issued the bad order.
THE PUBLIC DEFENDERS OFFICE HAD PURPORTEDLY JUST BEEN COMPELLED TO REPRESENT ME IN THE JUDGE’S CHAMBERS. Yet, the first action on my behalf was NOT to immediately address the impropriety of the judge’s order and actions. Not to address that I had been in the courtroom during the event. Not to address the presence of Thomas Carluccio at the event. Not to address any of the laws being disregarded and the rights being ignored. They just came out and told me what the judge had done. There was no copy of the Judge’s Order. One would not be filed with the Clerk for a few weeks – a deliberate hurdle to avoid a THIRD notice of appeal. [I filed the NOTICE anyway indicating the failure of the court to provide the written order, which had remained undocketed even on the date when the Notice of Appeal was filed.
Adding insult to injury… Ray Roberts just makes stuff up. There is no necessity for the truth, the facts, or any discussion. He must think I am a fool that would trust a man who was actively undermining my rights, preventing the rule of Law and denying my future.
In response to my note the other day, he replied and somehow answered nothing and provided nothing which was requested. This indifference and neglect has continued for months.
Terrance:
You make a good point. However, we do not represent defendants in federal court. Defendants who want to file in federal court typically file their own pro se federal actions from any state court actions they disagree with and the federal courts appoint federal counsel if they are otherwise eligible for court appointed counsel by completing an in forma pauperis petition and filing it along with the request for relief.
Right now you are litigating whether judge carpenter erred in appointing you a public defender and whether he can find you incompetent without a hearing. Although judge Carpenter’s ruling regarding incompetency was premature, the report , when it finally came back, did find you to be so at that time.
So practically speaking, you are left with the ruling appointing us to represent you without making a determination of your eligibility for a public defender. You do have a federal sixth amendment right to represent yourself.
Your case is still in the pre-trial stage. The state appellate courts have denied you the relief you request because they deem your appeal to be interlocutory suggesting thereby that at this point you have not exhausted all state remedies. You will be receiving a subpoena to appear the next time your case is listed. Let me know what you intend to do. Please come see me to figure out what papers you want. Call me before you come to make sure I will be here.
ray
HIS CONVOLUTED EMAIL ASKS AND ANSWERS DIFFERENT QUESTIONS THAN WERE POSED. I may have to do a sentence by sentence breakdown to address tyhe misinformation in his four paragraphs. He got that much completely wrong.
Today, I replied:
Ray,
(I’ll try to address your email line by line.)
I will get you the full list of documents where the distribution failed to include me.
I will also contact the Federal District Court regarding representation for the neglected issue. From what I have discerned, long established doctrines which require dismissal by the Federal Courts prevent their review of petitions seeking to reverse or overturn a state court order or decision. The door has been left open by the deliberate, intentional documented failure to address the issue of jurisdiction. This was accomplished without judicial review. Unsubstantiated and unsigned Per Curiam orders lack any authentication or verification information. As such, those orders cannot be attributed to the judiciary by default or waiver.
Jurisdiction is a necessity which cannot be assumed, waived or provided retroactively. It is also a responsibility for the Commonwealth to provide the answers to questions regarding jurisdiction AND to assure that the court has jurisdiction. The neglect by EVERYONE to address the lack of jurisdiction doesn’t provide jurisdiction. It’s not funny when your email, letters and documents filed with the court do not include the word “jurisdiction’. (This includes the email to which I am now responding.)
I have made it clear to the District Magistrate court before Judge Duffy and also to Judge Carpenter regarding the problem of representation unencumbered by confidentiality burdens which collaterally can affect me. I have done so in every statement I have filed.
Right now I am litigating to have the court provide evidence of their proper jurisdiction in the matter. The reasons you suggest are secondary issues which can be proven and substantiated, however those actions are also invalid where the court lacks the jurisdiction to act.
The report provided months after the fact is wrong, invalid, unlawful, inadmissable AND lacked purpose. It is an irresponsible character assassination for which the District Attorney has paid over $7000.00. I imagine that if you pay someone that amount of money, they will write what you want. The county use of a professional who is used in death penalty cases was irresponsible, inappropriate and ridiculous. I had informed Dr. O’Brien of the issues which would affect his report at the time we met. I believe I had even provided him the applicable laws which were being violated which would prevent his subsequent report from being admissable in court. You might wish to review the laws concerning competency issues. I suggest that the likely reason for his four (4) month delay in the production of his report was an acknowledgement of the futility of the effort.
With regard to the exhaustion of state efforts, you have failed to suggest what has been missed.
You might wish to re-read the Statement I filed on March 30, 2016 to remind yourself of the relevant issues. You had indicated you would see that it was placed on the court docket, but I see no entry of it.
As far as Interlocutory issues, the appeal was filed by permission of the common [pleas court with leave granted by Judge Carpenter to seek the appeal.
Usually, I have received a Notice of Hearing or Notice for Call of the Trial List.. Has the process changed? These notices had occurred with threats of bench warrants, EVEN while the court lacked jurisdiction during the pendancy of the appeals. This was acknowledged by Judge Carpenter in May 2017.
As you suggest that the case is in pre-trial, just who in the Public Defenders Office is representing me at this time? I have understood your responsibilities to be strictly appeal related. Will that attorney be filing an appearance? Contacting me? Communicating with me? Preparing me for the proceedings?
I appreciate your offer to figure out the papers I need. As I have explained multiple times in multiple ways what I require, you continue to ask the same question.
Priority Issue #1: The explanation or reasoning that you filed the Motion to Withdraw Appeal on May 2, 2016. The information in the document was not accurate. And your action was a direct contradiction to my efforts.
Priority Issue #2: Copies of the letter from the DA waiving a jurisdiction letter in the Supreme Court. Am I supposed to be laughing at this foolishness which disregards jurisdiction at every opportunity.
It would seem logical that if jurisdiction was valid, Judge Carpenter would have ordered the DA to comply with the agreement made on the record in court to provide the elements of jurisdiction, and address the failure to abide the Rules of Criminal Procedure, and respect the rights protected by the US Constitution.
NON-Priority #3: Why would the DA allege incompetence where it could only further serve to prevent prosecution against an incompetent defendant.
I am not incompetent. I am not amused by your disinformation.
Please take a stab at the Priorities above, and I will get you a list of documents. Don’t forget to indicate4 who is currently representing me from the Public Defenders Office.
Thank You,
Terance
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