Deep State Deceit cancer has reached into every county in every state of the Union…
Attacking the Whistleblowers who expose them is their Hobby
Introduction
Cache Collision© is the story of corruption and collusion and the lengths that people will go to hide their crimes against humanity. Based in Cache County Utah, this real-life experience begins with the revealing of Satanic Ritual Abuse (SRA) and the enormous efforts to cover up their evil deeds, while enslaving the masses to a corrupt system of leadership.
This story follows one man’s journey of exposure and the retaliation he experiences in the criminal justice system, where the courts manufacture a crime, deceptively orchestrate an indictment, and then deny him his constitutional rights and even prevent him from presenting a defense or having witnesses on the stand at his trial (A Kangaroo Court). All in the name of “injustice,” however, not everything is as it appears and as every good “whodunit” provides there is a climatic and poetic ending to this “need to be understood story.”
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News Release – 5/21/2023
Breaking News: A Surprising Motion for Mistrial with an Interesting GOTCHA Revelation
Community Support Foundation
PO Box 139
Logan, Utah 84323
Application for Pretrial Habeas Corpus & Mistrial
Following a Judge’s denial of a Motion for Acquittal and days before the Defendant is scheduled to appear for a sentencing hearing, the Defendant shocks a Federal Court with a Motion for Mistrial and provides an interesting GOTCHA surprise at the end.
Response to the Judge’s Ruling
In the Judge’s denial of the Motion for Acquittal, a US Federal Judge states: “The court must not weigh conflicting evidence or consider the credibility of the witnesses, but simply determine whether the evidence, if believed, would establish each element of the crime.”
Really, in a Motion to Acquit the Judge states that the Judge can only determine whether the evidence presented would establish a crime and the Judge cannot rule on the credibility of the actual evidence? How utterly absurd is that? Doesn’t this kind of response violate the Judge’s obligations of impartial conduct?
In the Judge’s Denial of the Motion to Acquit, the Judge states, “First, the Defendant asserts that the government did not produce sufficient evidence of fraud. Second, he contends that the government did not prove that any fraud was connected to the sale of a security.”
The Judge also acknowledged: “The Defendant presented evidence that the Alleged Deceased Victim did not believe that the Defendant had defrauded her.” Then the Judge ruled that “the Defendant never returned any of the Alleged Deceased Victims’ investment.”
The Judge also states, “When asked to provide records describing where this money went and how the Defendant or others were being compensated, the Defendant stated that the records had been destroyed.” The Judge then claimed, “an investigator also asked what happened to the money invested with the Defendant. The Defendant responded that the other alleged investors sabotaged their own investments.”
The Judge claimed that the evidence presented by the Prosecution supports a finding that the Defendant’s business scheme constituted a “course of business which operates . . . as a fraud or deceit upon the purchaser and the Defendant admitted to an investigator that the Defendant diverted the money to himself as compensation for preparing an amicus brief in a criminal case and that the Defendant, who was not an attorney, was unable to explain to the investigator how writing an amicus brief could generate profits.
From this evidence, says the Judge, “the jury could have reasonably concluded that the Defendant operated as a fraudulent course of business to both directly and indirectly enrich himself at the expense of his investors. Accordingly, ‘viewing the evidence and the reasonable inferences to be drawn therefrom in the light most favorable to the government,’ the jury could also have reasonably found beyond a reasonable doubt that the issue in Count 2 constituted an investment in this fraudulent course of business.”
The Judge also acknowledged, “The Defendant stated in the Motion for Acquittal, that the Defendant was making a ‘general motion’ for acquittal. But did not explain why the evidence supporting the jury’s verdict on this count was inadequate. Further stating, Although the court may sua sponte (spontaneously) consider whether the evidence supports a charge under Rule 29(a), the court declines to do so absent any argument from the Defendant.”
The Judge continued with, “the Defendant’s public defenders did not contest that the jury could have reasonably found that the Defendant’s contract constituted a security. The court concludes, however, that the evidence produced at trial was sufficient to support the Defendant’s conviction.”
The Judge concludes with, “For the above-stated reasons the court DENIES the Defendant’s motion for a judgment of acquittal.”
Sadly, it was the Judge’s refusal to bifurcate (separate) the two separate counts (charges) which allowed the prosecution to base their entire case on uncorroborated hearsay, gossip, rumor and innuendo evidence.
To read the entire filing see… Fairbanks Application For Habeas Corpus – Mistrial – FILED 05192023
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THE UNITED STATES DISTRICT COURT – DISTRICT OF UTAH FILING
APPLICATION FOR PRETRIAL HABEAS CORPUS
CHANGE OF COUNSEL
FARETTA MOTION – GOING “pro per”
CONFLICT OF INTEREST
ATTORNEYS AS WITNESS
INEFFECTIVE COUNSEL
SUPPRESSED EVIDENCE
BRADY VIOLATIONS
WITNESS TAMPERING
INTERFERENCE AND INTIMIDATION
PERJURY
MANUFACTURING OF A CRIME
FRAUD
DOUBLE JEOPARDY
ABUSE OF PROCESS
PROSECUTORIAL MISCONDUCT
JUDICIAL MISCONDUCT
DEPRIVATION OF RIGHTS
MISTRIAL
OATH OF OFFICE VIOLATIONS
MISPRISION OF FELONY
MISPRISION OF TREASON
PETITION FOR REDRESS OF GRIEVANCES
FIRST JUDICIAL NOTICE
Conflicts of Interest – Attorneys as Witness – Ineffective Counsel
The actions of the Judge and the prosecution resulted in the Defendant’s public defenders having to act as a witness.
- Specifically, the Judge’s statement that the Defendant had presented evidence that the Alleged Deceased Victim did not believe that the Defendant had defrauded her
- along with the Defendant’s evidence which addresses the specific questions raised by the Judge in the Denial of the Motion for Acquittal, such as,
o “the Defendant is not an attorney. He was unable to explain to the investigator how writing an amicus brief could generate profits”
o and “When asked to provide records describing where this money went and how he or others was being compensated, the Defendant stated that the records had been destroyed.
o An investigator also asked what happened to the money invested with the Defendant. The Defendant responded that the other investors sabotaged their own investments.
o The Defendant never returned any of the Alleged Deceased Victim’s investment,”
- the evidence, which was actually submitted in the Defendant’s previously filed Faretta Motion, was suppressed.
The Judge’s declaration, “The Defendant presented evidence that the Alleged Deceased Victim did not believe that the Defendant had defrauded her,” is sufficient to show that the Defendant’s public defenders had, in fact, been heard and recognized by the Judge as witnesses for the Defendant. (Sadly, the Defendant’s public defenders met personally with the Alleged Deceased Victim on multiple occasions, yet they failed to preserve her testimony with a deposition, nor did the public defenders have the Alleged Deceased Victim’s personal attorney (who was willing and waiting for his subpoena) appear as a witness and testify of his personal and professional knowledge of the Alleged Deceased Victim’s feelings and the information provided in suppressed documents.)
One of the witnesses for the Defendant, who was willing to impeach the Alleged Victim’s lack of involvement in the illicit acquisition of records belonging to the Defendant, was mercifully released prior to giving testimony because he had laid for hours, in agony of the floor of the witness room, in pain from a back injury. Four other witnesses were never called to give testimony for fear that their testimony would result in retaliatory charges from the prosecution. The end result was that the Defendant’s public defenders did not provide any witnesses who appeared before the jury.
Furthermore, the Judge’s following declarations, “Although the court may sua sponte consider whether the evidence supports a charge under Rule 29(a), the court declines to do so absent any argument from the Defendant,” – “The Defendant’s’ public defenders did not contest that the jury could have reasonably found that the Defendant’s contract constituted a security,” – “The court concludes, however, that the evidence produced at trial was sufficient to support the Defendant’s conviction,” and “For the above-stated reasons the court DENIES the Defendant’s motion for a judgment of acquittal,” the Judge’s statements provide ample evidence to show the Defendant’s public defenders have provided Ineffective Counsel.
The suppressed affidavit of the Alleged Deceased Victim, provided to the Court in the Defendant’s previous Faretta Motion, in which the Alleged Deceased Victim declared that she did NOT believe she had been defrauded by the Defendant, was alluded to by the testimony of the Defendant’s public defenders and acknowledged by the Judge. Yet this most crucial testimony and evidence from the Alleged Deceased Victim was never presented to the jury and the Judge’s refusal to bifurcate (separate) the two counts was prejudicial to the Defendant, as any reference to an allegation of fraud by the Defendant with regard to the Alleged Deceased Victim amounts to hearsay, since she is deceased and cannot testify for herself!
Cross Examination of the State Witness
In the cross examination of the State Witness who is the Investigator for the Utah State Department of Securities, by the Defendant’s public defenders, the investigator admitted that the Grand Jury was never informed of the Alleged Deceased Victim’s feelings about the claims that she had been defrauded by the Defendant and the investigator further admitted that the Grand Jury had NOT been informed of the Alleged Deceased Victim’s feelings because she (the investigator) was never asked any questions, by the prosecutors, about the Alleged Deceased Victim’s feeling in regard to the charges being sought from the Grand Jury.
The Defendant was accused of Securities Fraud and the investigation was conducted by State Witness (the investigator) on behalf of the Utah State Department of Securities. The only substantial evidence presented to the jury, or Grand Jury, in regard to an alleged claim of Securities Fraud came from the State Witness’ investigation. Whether or NOT the Defendant’s agreements are actual Securities is the central point of the charges made against the Defendant.
The first step in the State Witness’ investigation should have been a search of UCC Filings to determine if the agreements were, in fact, recorded with a secured interest with the State of Utah. If the State Witness did do such a search, this information was withheld from the jury and Grand Jury. The Defendant did a UCC Filing search and found that there were no records (ever) found for UCC Filings in regard to the Defendant. – Another fact withheld from the jury!
As noted from the Judge’s statements, “The Defendant’ public defenders did not contest that the jury could have reasonably found that the Defendant’s contract constituted a security. The court (the Judge) concludes, however, that the evidence produced at trial was sufficient to support the Defendant’s conviction.”
The fact that the Defendant’s public defenders made NO EFFORT to conduct a UCC Filings search or TO PROVIDE AN EXPERT WITNESS to challenge the State Witness’ contention that the Defendant’s agreements constituted a Security is probably THE MOST GLARING EVIDENCE OF INEFFECTIVE COUNSEL because the Defendant’s lack of witnesses or evidence for this one single issue, before the jury, is the very evidence, which the Judge claimed was sufficient to support the Defendant’s conviction.
Cross Examination of the Only Living Alleged Victim
During cross examination the Defendant’s public defenders pointed out to the Alleged Victim that in all of her communications with the Defendant and even in their failed litigation against the Defendant in a Justice court, the Alleged Victim had always referred to the agreement as a “loan.” Yet, after the Department of Securities had become involved, now the Alleged Victim had changed her reference to the agreement as an “investment.” When directly questioned if she had been coached on how she should make reference to the agreement the Alleged Victim declared, “No, it was an investment!” The Alleged Victim was repeatedly questioned by the Defendant’s public defenders about the numerous times that the prosecution and investigator for the Department of Securities had been to her home “to pour over” the illicitly obtained documents. The Alleged Victim responded that most of the research of the documents was done by her deceased husband and that there had been a considerable amount of time “looking for evidence.”
Discussions leading to the Defendant’s Agreement were only between the Defendant and the Alleged Victim’s now deceased husband. The only discussion ever attended by the Alleged Victim was the day the agreement was signed, which makes most of her declared testimony hearsay. – Another Fact Not Presented to the jury!
Most of the evidence (The Defendant’s records, which he believed had been destroyed) presented by the prosecution were illicitly obtained by the Alleged Victim’s deceased husband. The Defendant’s public defenders completely failed to properly address the “fruit of the poisonous tree” doctrine, which is an evidentiary rule that, together with the exclusionary rule, gives the Fourth Amendment of the United States Constitution its teeth. The exclusionary rule bars illegally obtained evidence from being used in trials.
The Defendant was stunned when he heard the Alleged Victim being questioned about rehearsing for her appearance in court. The Defendant’s public defender asked the Alleged Victim if she had practiced and rehearsed her testimony. In fact, she was asked if she had rehearsed her testimony from the very seat she was sitting in, the night before (Sunday Night)? The Alleged Victim responded with, “No.”
The Defendant’s public defender, at the conclusion of the Alleged Victim’s cross examination, returned to his chair and audibly announced “she just lied on the stand.” His statement should have been loud enough to be picked up by the microphone and should be able to be heard on the court recordings.
Suppressed Evidence
The Defendant was repeatedly told that the presentation of his evidence was not permitted because the court would not allow the merging of civil and criminal matters. The following outline of the suppressed evidence will help to explain the denial of due process of law and the collusion orchestrated in the prosecution of the Defendant.
One of the suppressed documents provided in the Defendant’s Faretta Motion was the Glenn L. Pace Memorandum to the LDS Church dated July 19, 1990 showing the subject as Ritualist Child Abuse. The document is notated with, “Pace Memo of cult infiltration using the LDS church. Utah’s government has many LDS employees–who are the blood thirsty cult members using gov[ernment] to satisfy their sacrificial ceremony needs?” LDS General Authority Glenn L. Pace stated, “I have met with sixty victims… I felt someone needed to pay the price to obtain an intellectual and spiritual conviction as to the seriousness of this problem within the Church.”
The Alleged Victim was instrumental in exposing the Defendant to, and obtaining, an in depth understanding of this horrendous subject beginning in 2010. The Defendant’s disclosures of activities and events connected to Satanic Ritual Abuse (SRA) are a central element to the motivation of those who have sought the Defendant’s destruction through the Federal indictment against him.
The Alleged Victim and her now deceased husband filed a small claims action in a Justice Court, which was answered by the Defendant. As their CLAIM WAS DENIED, an angry Alleged Victim defiantly declared, “You haven’t seen the last of this yet!” Marshalling the efforts of “others,” she accomplished her declaration, the results of which led to the Defendant’s appealing to US Attorney for the District of Utah, as a whistleblower, after numerous threats and attempts of violence on the Defendant.
The information provided to the US Attorney in the Defendant’s Whistleblower Appeal included the following information about the Alleged Victim’s motivation, to assist her eldest son, who is currently incarcerated at the Utah State Prison for aggravated child sexual assault, and their involvement with the Defendant’s efforts to expose the corruption in the courts and satanic ritual abuse that is so prevalent in Cache Valley, Utah.
This chronicled tale began when the Defendant, with the assistance of the Alleged Victim and her now deceased husband, filed three Amicus Curiae (Friend of the Court Briefs bearing the address and phone number of the Alleged Victim) in the First District Court of Cache County Utah regarding claims of Prosecutorial Misconduct and Public Corruption along with concerns about ISIS influence in Cache Valley.
Unfortunately, there are many who are caught up in this crushing cycle of prosecutorial misconduct, judicial abuse, and public corruption, here in Cache County. (Each of whom seeming share a strikingly familiar story of alleged sexual assault, prosecutorial misconduct, judicial abuse, and public corruption in the manufacturing of crimes.) [The disclosures are problematic for the court, and the other parties named in the amicus briefs and other affidavits, including the Alleged Victim. So, it doesn’t take much of an imagination to see who would seek to harm the Defendant and why there has been so much effort to attack the Defendant’s character and credibility.]
The Friend of the Court Briefs were later updated in litigation filed in the Justice Court in February of 2016.
Family members of the Alleged Deceased Victim, who have a close connection to the Alleged Victim, made three separate complaints to the Department of Aging with claims that the Defendants had taken financial advantage of the Alleged Deceased Victim.
Following the receipt of several voicemail threats, the Defendant contacted the Utah State Bar Association and the Utah State Attorney General’s Office appealing for their aid and assistance. – Three weeks following the Defendant’s interview with the Section Chief for Special Prosecutions and Public Corruption, the Section Chief made an admission to the Defendant that it would be a conflict of interest for the State Attorney General’s office to investigate the Defendant’s claims. (What kind of admission is that?)
The Section Chief then referred the Defendant to the FBI for assistance. When the Defendant asked for a name, the Section Chief told the Defendant to look it up on the internet. Because of the Defendant’s previous experience with the FBI, outlined in the friend of the court briefs, the Defendant chose NOT to contact the FBI. The Section Chief’s comment is a most disturbing admission that indicates the Utah State Attorney General’s Office is complicit in the prosecutorial misconduct, judicial abuse and public corruption addressed above!
Curiously, approximately seven months after the Defendant appealed to the US Attorney, as a whistleblower, The US Attorney’s office filed charges against the Defendant for Securities Fraud, Wire Fraud and Money Laundering. The primary complainant was the Alleged Victim and her now deceased husband with an allegation that the Defendant had defrauded the Alleged Deceased Victim. The Alleged Deceased Victim was beside herself and personally knew the evidence would show the Alleged Victim’s involvement with the Defendant, their actions and behavior, prior to, and after their loan agreement with the Defendant, which would clearly show that the Defendant had NO SCHEME AND ARTIFICE TO DEFRAUD. The Alleged Deceased Victim freely provided statements and affidavits for the Defendant that showed the orchestrated attempts by the Alleged Victim, her family, and others, who maliciously attacked the Defendant’s character and credibility.
A personal friend of the Defendant was repeatedly told by the Alleged Victim’s now deceased husband that the Defendant had “pissed off” some very powerful people who wanted him destroyed. For a long time, everyone thought the Defendant’s situation was the result of local political influence seeking his destruction. That was until; it was discovered that US Attorney John Huber had actually reported his findings on the Clintons and their Foundation in January 2020. Most were shocked to learn that John Huber claimed that there was nothing to be found and loudly chuckled when President Trump called Huber a “human garbage disposal.”
The realization that the Defendant’s claims might be personal to John Huber was startling. In December of 2017, approximately sixteen months prior to the Defendant’s indictment, the Defendant wrote a book titled, American Crossroad of Trust, which was published by Amazon on January 18, 2018. The book details the current condition we are experiencing here in America and a good portion of the book addresses many of the matters that have come from the Clintons and their cartel. In the first edition the last chapter makes the connection to the Bundy mistrial, the John Podesta emails and National Monuments, which points directly to uranium and Hillary Clinton’s actions that resulted in the selling of 20% of our Uranium Deposits to an enemy of the State (all from public records). The Defendant added an additional chapter in the second edition to include the Russia Collusion Hoax and the story of Hillary Clinton’s interview with Matt Lauer, which ends with Hillary’s tirade in which she states that if Trump is elected, they (Hillary and her cohorts) will all hang!
Everything John Huber was assigned, by President Trump, to investigate was exposed and published long before John Huber reported there was nothing to see AND THEN the Defendant asked for John Huber’s help as a whistleblower. Surely this is more than a coincidence!
In February of 2021 a copy of the Video, Victim And Witnesses statement was delivered to the Defendant by a concerned citizen of Cache County. The anonymously written statement details a meeting in the Alleged Victim’s home when the Defendant first met the author and the document reveals that the Alleged Victim was the referenced SRA victim, which lends credibility to the Defendant’s contentions that the Alleged Victim is still involved in SRA activities.
The Alleged Victim and their many other co-conspirators, named in numerous affidavits and the Friend of the Court Briefs, along with disgruntled family members of the Alleged Deceased Victim, certainly do have a lot to hide [and answer for] about their connection to Public Corruption, Sex & Human Trafficking, and Satanic Ritual Abuse.
The Defendant’s suppressed filing constitutes both exculpatory and material evidence, which would require disclosure from the government. The failure to disclose the suppressed evidence clearly shows why there has been such an effort to indict and to destroy the Defendant and his credibility. Where there is smoke, there is fire!
Brady Violations
Brady Violations result when exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant is suppressed. The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, in which the Supreme Court ruled that suppression of evidence favorable to a defendant, who has requested it, violates due process.
Witness Tampering – Interference & Intimidation
The Defendant’s follow-up questions to his public defenders were, “Just how did the Alleged Victim get a phone past the security guards? Who gave her the seeming permission to use a phone in the courthouse? What was she doing with her phone and to whom was she talking and or recording? I personally observed her freely walking around the courthouse, both inside and out, and it appeared to me that she had freedoms that no other witness was afforded.”
The public defender’s response was that the Alleged Victim was a convincing liar, but the Defendant’s public defenders never provided anything to show that the Defendant’s concerns were addressed with the court.
The attempted witness tampering/interference by Utah State Attorney General’s Office in their challenge to prevent the appearance of the Defendant’s witness, who would impeach the colluded and defamatory testimony of two witnesses, disgruntled family members of the Alleged Deceased Victim was most revealing.
Even though the Judge gave a great performance in her threats to hold the witness, from the Department of Aging, in contempt of court until he appeared; the disruption to the Defendant’s defense and the impeachment of the Alleged Deceased Victim’s disgruntled family member’s malicious testimonies was settled by way of a stipulation. Another fact not presented to the Jury!
However, vital questions regarding the mandatorily required evidence to prove that the Defendant took advantage of the Alleged Deceased Victim were NOT addressed before the jury because of the interference of the Utah State Attorney General’s Office. The unaddressed illusion of the Defendant’s exploitation of the Alleged Deceased Victim as a “vulnerable adult” along with the suggestion that she “lacked the capacity to consent” to her agreements with the Defendant, was prejudicial and damaging to the Defendant’s defense. Even here, the Defendant’s public defenders failed to provide the Alleged Deceased Victim’s personal physician as a witness, who could have testified to her personal capacity and vulnerability.
It doesn’t take much of an imagination to recognize the attempted interference by the Utah State General Attorney’s Office may well be directly related to information disclosed about the Utah State Attorney General Office’s prior acknowledgment of their illicit and conspiratorial involvement in this complaint against the Defendant, which was revealed in the Suppressed Evidence.
The Manufacturing of a Crime
The Alleged Victim, the State Witness, the Prosecutors, and members of the Alleged Deceased Victim’s family colluded together in an effort to manufacture a crime. In order to make their Securities Fraud Scheme plausible from the Alleged Victim’s $5,500 claim and accusation, it would require the inclusion of the Defendant’s alleged fraud against the Alleged Deceased Victim for the shock factor and public repulsion. The prosecution made good use of a manipulated Grand Jury and the media who would willingly sensationalize this case, while the co-conspirators sought the opportunity to publicly humiliate the Defendant and destroy his credibility.
The Defendant’s public defenders’ testimony highlighted how strange it was that the Alleged Victim’s failed small claim action in Justice Court somehow, miraculously, resulted in a Federal Indictment, bypassing both the district and state courts over a $5,500 dispute.
The Judge’s refusal to bifurcate (Separate) the two counts graphically illustrates the prosecution’s need for the inclusion of the claim of fraud for the Defendant against the Alleged Deceased Victim because the allegation of Fraud by the Defendant against the Alleged Deceased Victim is the only way to seemingly make the Alleged Victim’s claim viable.
The three Friend of the Court Briefs, which were revealed in the Suppressed Evidence, show that prosecutors, here in the State of Utah, are in the habit of manufacturing crimes for those they prosecute and convict. In fact, the UCASA (Utah Coalition Against Sexual Assault) Winter 2004 edition, announced that [former Cache County Prosecutor], Scott Wyatt was one of the 2004 award recipients stating, “When Scott Wyatt ran for Cache County Attorney, he ran on the platform that he would aggressively prosecute sexual crimes. At the time, Cache County was reporting 0-1 sexually violent crimes a year. Now, Cache County has become one of the nation’s models of an effective criminal/justice response to rape. Under Scott’s leadership, the Cache County Attorney’s office prosecuted many difficult cases where the victim and perpetrator were related, lovers, married or friends. His assertive approach led to an increase in reported sexually violent crimes, a comprehensive protocol for responding to victims of rape, a curriculum for other prosecutors, an award-winning video, and indirectly, improvements throughout the state…Scott retired from the Cache County Attorney’s Office in 2002. He is now in private practice. The Cache County area and response to rape is the subject of the American Bar Association Silver Gravel Award winning film, “It’s Called Rape.”… Currently Scott serves on the board of trustees for Snow College and has been involved on USU’s board of regents and board of trustees.” Political careers have been made following the practice of the manufacturing of crimes for prosecution.
Furthermore, the trial transcripts will also show the Judge’s partiality (Lack of impartial posture), a common trait that allows this behavior to continue. In this matter involving the Defendant, the Judge’s statements and actions will also show a willingness to practice law from the bench.
Undue Influence
Clearly, if the jury had been informed of all of the evidence suppressed or interfered with, No Honest, and Informed, Jury would have found the Defendant guilty of the charges against him.
However, the Judge instructed the jury “to only consider the evidence” and reminded the jurors that the statements made by an attorney are NOT to be considered evidence. The Judge’s admission that the Defendant’s public defenders did, in fact, provide evidence of the Alleged Deceased Victim’s belief that she had Not been defrauded by the Defendant was completely ignored by the jury because of the Judge’s instructions. – Whether intentional or inadvertent, this act should be viewed as Jury Tampering.
Double Jeopardy
Recently the prosecutor filed a Motion to appoint a niece, one of the disgruntled family members of the Alleged Deceased Victim, to assume the Alleged Deceased Victim’s rights under the Mandatory Victim Restitution Act (“MVRA”)…
The prosecution’s efforts here is a most creative move to make the disgruntled niece and the Alleged Deceased Victim’s incapacitated sister victims, or substitute victims, after the trial has already been presented to the jury. This attempt is an effort to create additional prosecution of the Defendant, which would constitute double jeopardy.
This effort is also an attempt to negate the stipulation, agreed to at trial, to impeach the niece’s testimony and claims when the Utah State General Attorney’s Office interfered the appearance of the Defendant’s witness, who would impeach the colluded and defamatory testimony of the Alleged Deceased Victim’s niece.
The niece’s husband has also made public statements recently stating that the Defendant and his accomplices have stolen “their” home (the Alleged Deceased Victim’s) from them and acknowledges their participation in a conspiracy to convict the Defendant.
Furthermore, the prosecution’s blatant attempt to reward the niece for her participation in this colluded prosecution of the Defendant and is also a deliberate attempt to defraud the Alleged Deceased Victim and her estate. The Alleged Deceased Victim was very vocal about her feelings regarding her disgruntled family members, who were behind the indictment of the Defendant, and her disdain over the abuse and neglect the Alleged Deceased Victim had received from members of her family over the years.
Lastly, this motion’s attempt to reward the niece for her participation in this deplorable prosecution of the Defendant may well be an Emolument Clause Violation.
It is also interesting that this motion clearly shows that the prosecution is deliberately attempting to mix Civil and Criminal matters in the case against the Defendant, which was the reason the Defendant’s Evidence was Suppressed in the first place. Therefore, the Defendant’s Suppressed Evidence should now be included as actual evidence and needs to be presented to a jury before a conviction can take place.
USC 18 Code § 1595 (b)(1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
A Pretrial Application For Writ Of Habeas Corpus Is The Preferred Way Of Litigating Jeopardy Issues
When a person asserts that further prosecution would constitute double jeopardy the proper, indeed, the preferred vehicle for litigating that matter is with a pretrial application for writ of habeas corpus. The concept of double jeopardy is meant to protect a person, not only from multiple prosecutions, convictions or punishments for the same crime, but also from being subjected to the hazards that result from multiple trials. “The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to prosecute an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.” Green v. United States, 355 U.S. 184, 187-88 (1957). The only way to avoid the danger of double jeopardy is to bar that trial before it occurs. That is the purpose of the pretrial application for writ of habeas corpus, and that is why the procedure is recognized under federal law. (a pretrial writ of habeas corpus is the proper procedure to assert the “Fifth Amendment right not to be exposed to double jeopardy and [to insure that it is] reviewable before that exposure occurs”); see also Abney v. United States, 431 U.S. 651, 660-61 (1977)(“the rights conferred on a defendant accused by the Double Jeopardy Clause would be significantly undermined if appellate review of double jeopardy claims were postponed until after conviction and sentence); Headrick v. State, 988 S.W.2d 226, 228 (“the right not to be tried twice for the same offense would be meaningless if it could not be raised before the commencement of the second trial”).
Finally, the representation of the Alleged Deceased Victim’s niece by the prosecutors and John Huber’s replacement, Tina A. Higgins, United States Attorney for the District of Utah is a blatant Conflict of Interest and is Valid Evidence of Prosecutorial Misconduct and their participation in the Colluded Prosecution of the Defendant.
Nothing is as it appears and we stand at the crossroad of trust.
Fraud Vitiates Everything
There is no question of the general doctrine that fraud vitiates the most solemn
contracts, documents, and even judgments… United States v Throckmorton
Abuse of Process
By the Abuse of Process detailed herein, it appears that Mistrial may be the only remedy available because of the compromised prosecution of the claims against the Defendant.
Sadly, every effort has been employed by the officers of the court, who have participated in Abuse of Process and/or Failure to Comply with Duty, in their efforts to Obfuscate, Hide, and Conceal Fraud Upon, In, and Of, the Court in the orchestrated scheme to convict the Defendant.
Prosecutorial And Judicial Misconduct
In jurisprudence, prosecutorial misconduct is “an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment.” This is similar to selective prosecution, which seems to be glaringly apparent in the prosecution of the Defendant.
In the UNITED STATES’ SENTENCING MEMORANDUM AND POSITION ON SENTENCING FACTORS the prosecution asks the Court to sentence the Defendant to 51-months incarceration and 3 years of supervised release to follow, and to also increase the amount of restitution to $270,232.
This amount of incarceration time and restitution being requested is a far cry from the prosecution’s original offer, of no time served, in exchange for a plea agreement. The request is clearly excessive and is evidence of prosecutorial misconduct by the attempt to impose a harsher than appropriate punishment and supports the Defendant’s claim of the conspiracy to convict him.
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge’s obligations of impartial conduct.
Judges and Prosecutors are bound by a set of rules which outline fair and dispassionate conduct, both of which have the glaring appearance of being violated in the prosecution of the Defendant. Furthermore, the prosecution released news reports following the trial claiming the Defendant had been convicted, even though the Judge had accepted the Defendant’s Motion for Acquittal. The news releases provide a clear indication that the case against the Defendant was designed to result in a predetermined conviction.
Mistrial
A mistrial occurs when there is a serious procedural error or misconduct that would result in an unfair trial – See, Williams v United States, 512 US 594 (1994).
In a previously mentioned email the Defendant stated to his public defenders, “Not only is this highly inappropriate, but it suggests that there has been collusion by the Court, its Clerk and Security Officers (and even points a finger in the direction of the Judge) in the efforts to prosecute the Defendant! Couple that with the orchestration of the prosecution’s witnesses to do character assignation on the Defendant and their inappropriate behavior in the courtroom, along with the bizarre attempt of the Utah State Attorney General’s office to block one of the defense witnesses, THESE ACTIVITIES CLEARLY SHOW THAT THE ALL OF THESE PEOPLE’S ACTIONS HAVE CREATED A MISTRIAL!!!!! By all means proceed with the motion to acquit, but add it or file a separate motion for a mistrial. Justice Demands It!”
The Defendant’s public defenders have not responded to the Defendant’s request to seek a Mistrial. Now the Defendant demands a declaration of Mistrial for the numerous procedural errors and examples of misconduct provided herein.
Prayer
THEREFORE, due to the serious number of procedural errors and the evidence of misconduct provided herein along with the violations of federal prohibitions, the relief requested in this Application for Pretrial Habeas Corpus should be granted, the Indictment should be Dismissed with Prejudice, and a Mistrial must be declared in the interest of justice along with Defendant’s Rights for Claims of Damages, Punitive Damages and for such other and further relief as the Court may deem just and equitable.
FIRST JUDICIAL NOTICE
as allowed by Federal Rules of Procedure Rule 201, for Good Cause, as provided herein:
Constructive Notice
“Constructive notice in law creates an irrebuttable presumption of actual notice.” Mooney v. Harlin, 622 SW 2d 83.
The Defendant provides this Judicial Notice of the Defendant’s intent of Filing for an Emergency Application for Writ of Pretrial Habeas Corpus with the Supreme Court of The United States (SCOTUS), under Rule 11, as it remains the only Court with Original Jurisdiction for a Writ of Habeas Corpus.
A Matter of National Security
Around May of 2022, the Defendant’s military liaison met with public defender, Spencer Rice, and Defendant, Thomas H. Fairbanks at the Baugh Motel, in Logan Utah, where Mr. Rice was told the Case against Fairbanks needed to be dismissed as a matter of National Security.
Mr. Rice was stunned by the appearance of the military liaison with really nothing to say. After the military liaison left, Mr. Rice told Fairbanks that he did not believe anything the military liaison had said and cautioned Fairbanks not to believe it either.
There is no evidence to suggest that Mr. Rice ever notified the court, or the prosecution, of the meeting with Fairbanks’ military liaison.
Fairbanks now wishes to reveal his active involvement with the Intelligence Support Activity and his admission that he has been operating undercover exposing the ugly and sorted details of Satanic Ritual Abuse (SRA) and the criminals involved, including the documented details of the Criminal Case brought against Fairbanks. – GOTCHA!
Where there is smoke, there is fire!
Tom Fairbanks
Community Health Advocate
Community Support Foundation
(385) 467-3315
communitysupportfoundation@protonmail.com
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Testimonial regarding Tom Fairbanks
While I have only known Tom Fairbanks for a little over a year and a half, I have come to know and respect Tom and his intellectual prowess in taking extremely difficult issues, facts, people and analyze those details on a unsurpassed level.
He can take a “Swiss watch of corruption” apart, and put it back together, — no problem.
Shortly after meeting Tom, he was hospitalized, and was in an induced coma. The situation was extremely suspicious and was later determined to be a poisoning. When Tom surprisingly and miraculously came out of the coma (we thought he might die), I personally hurried to the hospital and immediately recorded his testimony surrounding the apparent poisoning, sending out the short audio clips in bursts, to a group of people, to help insure that the temptation to finish the unfinished job, became an undesirable temptation.
They’ve been regretting it ever since.
I don’t know the people involved or claim to understand all the details of this complicated court case, as most of this “adventure” happened long before ever meeting Tom. But often one can learn a lot about the significance of a warrior by just how hard the DARK SIDE targets it’s attacks on certain them. Such appears to be the case here.
This apparent kangaroo court is a reflection of what happens to whistleblowers who have too much damning information on too many “important” people.
Tom & I have been blessed by God and protected by prayers and the attending angels. God willing Tom, Barbie and Ken, the Brunson Brothers and so many other Patriots will ride high in the saddle while exposing and witnessing the arrest and “reward” for all the corrupt courts, attorneys (officers of the court working FOR the Court, not the defendant), “law enforcement”, etc., who have been seduced to the Dark Side and have selfishly and dangerously lent Satan their “useful idiot” talents for the destruction of this nation.
May God Bless America!
Ken Cromar
Former City Councilman of Cedar Hills – 1990 to 2000
Founder and Editor of this Cedar Hills Whistleblower website
Victim of a Weaponized lRS unleashed to silence my Whistle-blowing
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