Sunday, July 26, 2015
Because this blog so far offers little insight into why I contend the numerous disciplinary proceedings, and huge monetary sanctions, pursued against me by the Colorado Supreme Court for over four years was retaliatory--rather than prompted by any ethical misconduct on my part--here is a rundown of some of the litigation I handled over 23 years as a lawyer in Colorado.
It was almost all politically charged. I often took cases pro bono when there was a strong public interest at stake, so gave people access to the courts who otherwise would not have had it; and I did not shy from taking on powerful and well-funded developers and governments. I was agog much of the time--feeling even privileged in a horrified kind of way--at the discrete windows which kept opening up to reveal different views of the corruption in Colorado: alteration and disappearance of public records, including court records; ballot box stuffing; secret giveaways of state lands and water rights; takeovers of nonprofit boards, in order to steal the nonprofit's property and convey it to cronies; lies to Congress; lies by attorneys to judges while the inaptly (and ungrammatically) named "Office of Attorney Regulation Counsel" looked the other way; lies by judges; judge-switching, for no reason; judges communicating with my opponents ex parte; judges taking direction in their rulings from the outside; judges taking bribes; one good judge maybe even being murdered.
In other words, I knew too much. In many of my cases, particularly having to do with water rights and other real property, I uncovered crimes committed by powerful people. Because they knew I had evidence which could send them to prison, they got together to destroy me first. Since I worked for myself, they had to go after my law license, and create a huge stinking mound of crap to pile on. But I still have my legal files, which I am scanning. My documents absolutely prove what I contend. The following is only a preview of what is to come in future blog posts--a Taste of Colorado, if you will, with the dishes in no particular order.
1. Animas-La Plata: I have one post about the A-LP travesty, where Colorado's share of water allocated to it under the Colorado River Compact was secretly given away to two Indian tribes, under the pretext of a "settlement" of claims which were, as I showed, invalid and nonexistent, as a matter of law. Clearly, I was hauled through disciplinary proceedings so the Colorado Supreme Court could bury findings I made in the course of this case, before it in appellate briefs, such as that an attorney named William Eakes--who had filed the original application for the Animas-La Plata water rights in 1963--became the judge in 1966 and granted his own application. Eakes also disposed of evidence in the court file which established priorities in a statutory adjudication held in the 1950's, which were senior to A-LP. Zip! All those senior priorities suddenly did not exist. I proved this, as well as that he had forged a string of diligence decrees.
I further showed, in my appellate brief, that another former water judge, Al Haas, ceded all case management in the water case--revived after it was repurposed to satisfy "Indian Reserved Rights," so American taxpayers could be guilted into paying for it--to Durango water lawyer Sam Maynes, one of the most vicious criminals in the state. Maynes is the reason no notice was ever given of any of the proceedings to any of the 100 objectors in the case. The judge put Maynes in charge of mailing the signed decree to objectors, as if he was the court, so not only was the decree drafted secretly and entered ex parte, it was never even provided to the other parties in the case. By the time objectors such as my client Jack Scott started making inquiries the time to appeal had long run!
I further made a case at the sham "trial" we had in the Division 7 water court about the criminal racket known as the Southwestern Water Conservation District, which brings in a million dollars a year in tax moneys and has one part-time employee, no water rights, no distribution system. It provides no service to anyone. It has no pipes. It exists simply to tax, and uses this money not only to pay two law firms to push through this boondoggle water project no taxpayer wanted, but to bribe legislators. We showed hundreds of thousands of dollars funneled through "lobbyist" Ray Kogovsek, and I found the Rose Law Firm (Hillary Clinton's firm) on the payroll. Of course, those facts had to be deep-sixed, too, since the sociopath David Robbins represents the SWCD, having taken over from Maynes, and the narcissist Greg Hobbs, of the Colorado Supreme Court, has lionized Maynes, with tears in his eyes, as his mentor. Robbins and his cohorts also worried the other members of the Court will find out about the frauds they perpetrated themselves, such as their creation of a storage right in Ridges Basin Reservoir out of thin air, years after it had been abandoned (as I uncovered) for failure to file for diligence. They did this by just slipping a revived water right into the decree they drafted, which was rubberstamped by the current water judge, Greg Lyman. There was an endless string of violations of other laws. Never let it be said that Lyin' Lyman is there to ensure the Water Rights Determination and Administration Act is followed in his court, however! He don't have to follow no stinkin' laws.
Thus, the A-LP proponents, through their agents on the Catholic--er, Colorado--Supreme Court, Greg Hobbs and Mary Mullarkey, directed the disciplinary proceedings against me not only to bury these embarrassing allegations which were before them in my APPELLATE BRIEFS, but so I could not take this matter to the U.S. Supreme Court, where it should have gone, nor run for Colorado Attorney General again. I had, in fact, beaten Ken Salazar in Durango in 2002, because the residents there knew he was an A-LP toady, and that I was their advocate. Attorneys not in good standing cannot hold the office of Attorney General, so the Colorado Supreme Court has ultimate power over the AG. So, as I experienced firsthand, they will just cook up any old allegation to make you not in good standing, if you make things too hot.
One of the bad guys scared that he would go to prison because of his role in A-LP--as he should have done--is a Notre Dame grad named David J. Hayes, Jr., "water czar" under both Clinton and Obama, now a professor at Stanford, who I have evidence is responsible for the "AbovetheLaw.com" screeds ridiculing me that have been on the web now for nearly NINE YEARS*. I emailed him about six months ago to ask if he was proud of his "Animas-La Plata legacy"--meaning the ruination of my career and reputation and life, which he engineered to divert attention from the fact that HE WAS THE PRINCIPAL ENABLER OF THE CRIMINAL ENTERPRISE. The fucker did not respond.
I have several installments about Greg Lyman in the works, to show the creative ways he kept stretching the rules to favor my opponents, in order that they could get their hole dug before any of our objections were addressed, while interpreting the rules routinely against us, in order to run my clients--and me--out of money. I have been remembering one outrageous contact recently. We had gotten no disclosures from the United States Department of Justice (let alone any other party) after waiting around for five years--and I do mean NO DISCLOSURES for a billion-dollar water project--so I moved for sanctions. I was warned by Lyman that I would be sanctioned if I ever asked for sanctions again. And when I referred to the DOJ's position as "Orwellian," he told me I would be sanctioned if I ever used the term "Orwellian" again. There were several other cases I had in Water Division 7 in front of Greg Lyman, as well--as well as one before the other district court judge, one Dickinson. They all went like this: opinions based on red herrings, and threats of sanctions when I asked for normal, established rights under the rules.
Don't anyone ever say there is not Catholic influence in these water thefts, or in the persecution of me personally. One need only look at the list of the names involved. The most powerful players are Irish. With a few Spanish, Italian, German or French names sprinkled around.
2. Election fraud: ballot-box stuffing via absentee ballots, as well as in the polling place, by development interests (who were Democrats) in collusion with the town clerk and county clerk in two Town of Castle Rock elections in 1998 and 1999. A video of me talking about the absentee ballot frauds is here. Embedded (at 9:41) is a video taken by my client on election day, in which Scott Lamm appears. He was one of the developers' operatives working the election. Scott's father, former Colorado governor Dick Lamm, was incensed at my mentioning his son's name on the radio, as I saw when I encountered Dick while campaigning for Attorney General in 2002. I thus believe Lamm was one of the engineers of the retaliation against me.
I litigated other election contests besides Castle Rock, too--for instance, this one in Denver. In almost every one, we started out with a judge who was ruling in our favor, and suddenly he or she was replaced, with no reason shown of record, by a judge who then dismissed our case.
3. Takeover of a homeowners' association board, to steal the water rights and other real property: This is the Spring Creek Ranch matter in Summit County, involving the takeover of my clients' homeowners' association (SCRA) by persons who transferred the SCRA's water rights and other real property to the adjacent developer and themselves, as soon as they were installed on the board by the judge. This case involved a veritable army of crooked public officials, including bribe-taking judges, water officials, deputy sheriffs, county officials, and DA's; multimillionaires directly tied to organized crime (one of whom tried to run my client and me off a mountain road); venal attorneys; and football thugs threatening financial ruin and even murder to people (mostly my clients) who would not go along with their schemes--and carrying out their threats.
One of my disciplinary cases (actually several complaints which were consolidated, almost all of which were filed by the unethical Victor Boog) stemmed from this matter. The OARC and Colorado Supreme Court directly assisted Boog and his clients--who are readily linked to organized crime--in the litigation, by conducting this siege against my license, to get me off the case. (I have already shown that OARC head John Gleason was a mob plant). For example, when I was poised to file an opening brief on behalf of Gerald Lewis in his appeal, both James Coyle and April McMurrey told the presiding disciplinary judge that I was not in good standing, so could not file the brief. I went directly downstairs to the Attorney Registration Office and came back with a certificate of good standing. That Coyle and McMurrey told this lie shows they were colluding with the defendants in our case.
(In fact, I have recently realized that, because they were unsuccessful at keeping me from filing the brief, they had to get to the panel that decided our case--because the result that came out of the Court of Appeals was diametrically opposed to every case ever dealing with the same subject in all 50 states. It was an open-and-shut issue of law, in our favor, and the panel ruled the opposite way. On our panel was Jerry Jones, a law school classmate of mine who has been assisted in his career by The Fixer Jesuit John Moye--more reasons for believing that Moye pulls the strings on the judges in Colorado. Another blog post yet to come.)
4. Secret deals with developers, to privately convey state trust lands: First comes Harper vs. State Land Board. My clients Bill and Lavonna Harper had a lease for 20 years with the Colorado State Land Board of Commissioners for a piece of state trust land, and were authorized to construct extensive improvements on it. They had the right to be compensated for their improvements if they ever lost the lease. Instead, the SLB tried to run them out because its employees had made a secret deal with developers to convey the land privately, to avoid public bidding requirements. In the process I discovered the involvement of Gov. Roy Romer in giveaways of trust lands, including one from which he personally profited (History of the Romer Ranch).
Judge Matsch on the federal bench engaged in politically motivated footdragging, keeping us in litigation for nine years. Shortly before trial he sliced off five-sixths of my case for no reason, and then, at trial, prohibited me from putting evidence before the jury about the SLB's numerous violations of law, in order to limit our recovery and again protect the state wrongdoers. This was a hugely important case which not only should have made headlines but should also have made me and my clients rich. For political reasons Matsch would not let that happen. I should have taken this case to the U.S. Supreme Court, but I was then defending against the slew of bogus disciplinary proceedings--and then Bill Harper died, which is what his opponents--and the judge--were all biding their time for, anyway.
A second case against the Land Board involved the Cochetopa school section, where the SLB gave a developer a valuable piece of trust land in return for a piece of junk land, because its deputy director, John Brejcha, lied about the value of both parcels to his own board (as he did in Harper, as well). In both Harper and Cochetopa I uncovered a twisting vipers' pit of SLB employees and assistant attorneys general engaged in self-dealing, people either woefully unqualified even to hold the positions they did in state government, or burdened with conflicts, or both. Exhibit 1 is Brejcha himself.
5. Wellington Webb and the theft of the El Jebel Temple: I represented Eulipions, an African-American theater arts group, which owned the historic El Jebel Temple in downtown Denver. The black mayor of Denver, Wellington Webb, and his hatchet man, City Attorney Dan Muse, threatened Eulipions with unjustified foreclosure unless their board members stepped down, to be replaced by Webb's handpicked cronies. Once on the board, the cronies changed the locks on the building, sold it, and pocketed the proceeds. This was the same scenario outlined in the Spring Creek Ranch matter above, therefore.
The Denver judge was switched five times until the defendants got one they liked, John McMullen. I got the first dismissal reversed on appeal, but we were remanded back to McMullen, who dismissed the case a second time on the very same grounds. We were in litigation for five years and never got a single one of our issues determined. Incredibly, we did not prevail in the second appeal: the Court of Appeals took the opposite stance on the same issue! The Webb cronies not only got to keep the proceeds from the sale of a building they stole outright, with the blessing of the courts, but appropriated the name "Eulipions." These impostors have--outrageously--continued to use the name, giving "grants" to other arts groups, but never staging any plays, while the real Eulipions, which was a unique community resource, has languished and effectively dissolved.
6. Chatfield Arboretum: Denver mayor Wellington Webb quietly installed a banker named Bruce Alexander as head of Denver Parks and Recreation. Alexander, who had zero background in parks or recreation, signed his name to conveyances of interests in Denver parks to his developer cronies, then "retired." I challenged his illegal conveyance of easements across the Chatfield Arboretum. The case--like my own case in federal court--went through unexplained judge switching until we landed with the hack John Kane, who denied us a TRO and dismissed our case, at the same time he was socializing with our litigation opponents (see pp. 4-6).
6. Daniels Park: This is another park Webb secretly carved up for his developer buddies. They even moved the Kit Carson historical monument in order to give the property it sat on to the founder of Re/Max, Dave Liniger, so Liniger could build a castle on this piece of the park. Daniels Park, which used to be one of the most breathtakingly lovely parks, where my family went for picnics when I was a child, is now unrecognizable--assuming you can even find your way to it, because all the maps are changed, fences were moved, and McMansions crowd the park on every side. The park was torn up so 10-foot-diameter pipes could be installed through it to carry rich people's feces away. Goodbye, chipmunks! Goodbye, beautiful views and pines! And fuck you, Wellington Webb.
7. Barilla v. Magness: I beat Gary Magness, who bulldozed my clients' property in 1997, after 11 years of litigation--a sole practitioner working on contingency against a billionaire--and prevailed in four appeals. I put $300,000 into my clients' bank account (which would have been $400,000 if they had taken a settlement offer made Jan. 2, 2008). Instead of being rewarded for my dedication to my clients, I was hauled through bogus disciplinary proceedings initiated by Magness's attorney (who billed Magness for her time, showing that forcing my withdrawal from the case was a litigation strategy), and suspended for a year and a day on utterly trumped-up grounds. The opinion in the disciplinary case mentions not one of the pieces of evidence I put into the record, such as my working for eleven years for my clients without compensation, against a billionaire and insurance defense counsel for a public entity; my stunning victory against the billionaire; or that the grievance was not filed by my clients, but, instead, by the Baker & Hostetler lawyer, Rebecca Alexander, who was mad she lost. It does not even mention these facts as factors in mitigation. The opinion is just a hatchet job. Importantly, it requires me to submit to a mental evaluation before I may be readmitted to practice, a condition put in without notice or hearing, in blatant violation of the Supreme Court's own rules once again. I will never submit to it. I have chosen instead to investigate and write about the corruption in the Colorado courts--and thus to die in poverty, probably soon. I am unemployed and unemployable and have no health insurance, and recently have developed a medical condition that I believe is life-threatening--hard to know for sure, since I do not have a doctor, but am relying on charity for such care as I have had.
8. Park County Sportsmen's Ranch and Aurora in South Park: I was the lawyer who created the Center of Colorado Water Conservancy District, which brings in about $300,000 a year, so was able to fight the City of Aurora's attempts to steal the groundwater in South Park. I was repeatedly undermined and attacked by Jeff Kahn, the lawyer for the competing water conservancy district in South Park, and then stiffed by my own client, so I withdrew from the representation. However, I got in place a strong Supreme Court opinion that gave the 4,000 well owners in South Park standing to assert injury to their exempt wells, and I am going to give myself credit for that, since I don't see anyone one else doing so! Of course, the man who knew the most about my contribution--my client James Gardner--is dead (likely murdered by the water development interests who fought us).
9. Snowmass Creek instream flow: I filed the historic suit against the Colorado Water Conservation Board when it reduced the decreed instream flow (ISF) in Snowmass Creek from 12 cfs to 7 cfs in 1992, giving the Aspen Skiing Company 5 cfs of the state water right to make snow with. Ultimately, this case played a big role in my losing the job I found after leaving the AG's office, as the City Attorney for Craig, Colorado, because of Jim Lochhead and Roy Romer. (See my comment to this post.) Because I had been so publicly humiliated, first by Robbins's campaign to get me off AWDI and sacked from the AG's office, and then by the fiasco in Craig, where I had finally found a job, I gave the ISF case up after I filed an appeal, which I had to do when Denver District Court Judge Nancy Rice dismissed all seven of our claims. The case was won at the Supreme Court on two of my theories, however (although the lawyer who took it over from me gave valuable rights away, too).
Nancy Rice, ISF opponent Greg Hobbs, and Moffat County District Court Judge Rebecca Love Kourlis (see the Craig link above)--all of whom had been involved with me in the ISF case or in Craig--were placed on the Colorado Supreme Court by Governor Roy Romer after the Snowmass Creek case was decided, to ensure future cases brought to protect instream flows--particularly those brought by me!--would never again be successful. (And indeed, they weren't.) Rice is now Chief Justice of the Colorado Supreme Court. There is substantial evidence of a quid pro quo, such that Rice knew that if she dismissed the ISF case she would be appointed to the Colorado Supreme Court, which I will detail when I finish the Snowmass Creek blog post.
10. Open Records and Open Meetings Law cases: I filed several of these in my career, and even had success in a handful. The most shocking offender is the Colorado Supreme Court itself (including OARC), since it refuses to provide me writings in its possession which deal with me personally, when they are unequivocally required to be disclosed. This is evidence that I was, indeed, the target of a concerted attack directed from above. OARC also has refused to provide me the personnel file of John Gleason, also unequivocally a public record, although a "collusive case" was filed (after I made my request for the file in 2010) resulting in an overbroad and downright silly Court of Appeals decision that OARC is exempt from the Colorado Open Records Act. Nancy Rice has recently enacted a new administrative order which purports to provide an even broader exemption for the courts from open records requests, I've been told, although I have not yet reviewed it. Oh my, such hubris for the Colorado General Assembly to think it can pass a law making COURT personnel files and JUDGE communications open for public perusal! The courts are busy protecting criminal enterprises engaged in by judges and attorneys, don't you get it, you silly legislators?
"Supreme Court Scofflaws" is the title of my blog post coming soon.
11. American Water Development, Inc.: Lawyer David Robbins was so upset that I had gotten a motion he'd co-filed denied, and so fearful that I might be working on a motion for summary judgment which would end his multi-year billing frenzy, that he assaulted me physically in his office, then went behind my back to my supervisors, state legislators, the governor, the farmers in the San Luis Valley (his clients), and my boss Attorney General Duane Woodard, telling them I was "causing problems in the case" in 1989-90. He got me removed from the case and fired from my job as an assistant attorney general. I then had the "pleasure" of meeting up with this sociopath again in connection with Animas-La Plata.
(Although I was not involved in it, I should say a word about the boondoggle Robbins dragged the State of Colorado through for at least 15 years in maintaining Colorado's frivolous defense to Kansas's suit for damages caused by Colorado farmers pumping water which belonged to Kansas under the Arkansas River Compact through their wells for 30 or 40 years. This unlawful activity was conducted with the full knowledge of state water officials. That suit cost the State of Colorado about $46 million; but, hey, Dave got his six mil in fees, so what are we worried about?)
12. Glenn Gerard vs. Beneficial Finance: Another serious and substantial case involving a man whose mobile home was liened without notice to him, and then deliberately wrecked, by the criminal racket known then as Beneficial Finance Company, one participant in which was our judge, Stephen Munsinger.
13. There is, of course, my run for Attorney General as the Green Party candidate in 2002, when I went around talking publicly about many of the above acts, including on the radio a few times, until the "Powers That Be" shut that down and (I believe) threatened the radio hosts who'd had me on.
Finally, there are the cases I filed, myself, along with my Spring Creek Ranch client Gerald Lewis, in federal court, over the disciplinary proceedings OARC pursued me with beginning in 2006, whereby this group, headed by lawyer-impersonator John Gleason, actively interfered with ongoing cases and colluded with my litigation opponents, in order to remove me from the practice of law, thus ensuring my clients' defeat. If you will review the Animas-La Plata, Spring Creek Ranch, and Barilla v. Magness entries above, you will begin to understand who needed to get rid of me, and why.
In federal court, Lewis and I were denied every single one of the rights guaranteed litigants in federal court--our cases were slam-dunked, without disclosures being done, let alone discovery; a total travesty, more evidence that the federal judges and magistrates' first duty is not to see that justice is done, but to protect their friends on the state bench who are committing crimes.
But I will have the last laugh, because I have uncovered the unsavory background of John Gleason. I cannot stress enough that the placement of this liar, hypocrite, incompetent pervert in the sensitive and powerful position he held for 30 years at OARC is unequivocal evidence that the Colorado judicial system is not operating in conformity with any norms of neutrality or merit. I have hooked a key fat slug in the cesspool and am drawing a whole plug of disgusting stinking trash out of the pipe along with him. Another blog post about all of this will appear shortly.
*Here's the evidence I have establishing that Hayes is responsible for the "AbovetheLaw.com" crap. In 2010--over three years after the initial publication of my embarrassing, but not unethical--in fact, excessively scrupulous--pleadings, I ran across a puff piece written by two lawyers with the firm of Latham and Watkins in Washington, D.C., cautioning attorneys to "be careful what they write on the web," using their article as yet another excuse to provide an image of the unfortunate motion for extension of time I filed. That image is on abovethelaw.com and comes up over and over in Google results on my name.
I've never had any contact with Latham & Watkins--but that is the firm Hayes went to between his appointment under Clinton and his reappointment under Obama. Because the AbovetheLaw.com posts were over three years old by the time the article appeared, these lawyers would not have known about it--unless they were told about it by the guy who was responsible for it, a partner at their firm, Mr. Fucktard David J. Hayes, Jr. I'm sure he was laughing his head off when he suggested they write this article. And frankly, this is another hallmark of the depravity of Jesuits. They don't care who gets hurt. All that matters is that they win--and their frauds go undiscovered.