July 02, 2010

Greetings!

JUSTICE FOR NATIVO!!!
ARRESTED TODAY!!!
BY JUDGE PATRICIA M. SCHNEGG
LOS ANGELES SUPERIOR COURT DEPARTMENT
100 GRAND JURY INDICTMENT


If my father's case would have taken it's previous course his next court hearing would have been July 12, 2010 at 8:30am in Department 36 of the Los Angeles Superior court in front of Commissioner Kristi Lousteau, but earlier this week he was notified via fax by the imposed public pretender that the Los Angeles, District Attorney, Steve Cooley wanted to move forward with a Grand Jury indictment, which was granted the next day. He was ordered to surrender on the indictment today and heard before Judge Patricia M. Schnegg this morning. The direct orders from his court appointed and imposed public pretender were bring a bondsman, attorney and be present or an arrest warrant will be issued.

It's no mystery to me now why I woke up this morning with extreme pain in my heart and tears rolling down my face I had no recollection of what I had dream it all I knew was that I felt horrible. Being that I have always been extremely close to my father and a direct witness to his many years of dedication and self-sacrifice to our society for the betterment of and for workers, immigrants, and students and for this I believe he is being targeted and bullied into the court system. One of the millions maybe even billions of victims of the courts tactics of bullying and intimidation by the forced attempts of submission to their jurisdiction and order.

This isn't the first time my family has gone through this and ironically the California Secretary of State has been involved in both matters. I had never so clearly witnessed how corrupt and volatile of a supposed justice system we face in this country, but this experience has opened my eyes to the way so many of our brown and black brothers and sisters are passed through the courts as if they were cattle for profit and indeed they are. The system is to the point of ruin and manifests itself as a big charade of Judge, District Attorney, Public Defender, and Bailiff (and in my father's case at some instances more then three or four Bailiffs), all working together to pass the cattle through with explicit and consistent violations of 14th amendment procedural due process rights.

Today's indictment came about as a result of Commissioner Kristi Lousteau not being able to proceed with the initial preliminary hearing and again Nativo was charged with eight felony charges stemming from allegations of an improper use of residence also known as domicile for the purpose of voter registration and voting. It is fair to say that eight felonies for a supposed crime-questioning domicile, which resulted in no personal gain or position to and for my father is an example of cruel and unusual punishment. He is being condemned as a criminal in court and by the media and it goes against everything my father stands for and has always stood for. Again, the indictment was a recurrence of what

Commissioner Lousteau did when she ordered him to a mental competency hearing. Judge Schnegg, became angry to the point of yelling and maybe even heard in the halls, "Are you Nativo Lopez," she repeatedly yelled , "I will not allow you to represent yourself," she exclaimed! And again Nativo was arrested for refusing to answer the judge in the manner, which she demanded, and thereby not conceding jurisdiction to the court over his person and property. She also would not accept the bond he filed with the court for his bail, which was three times the value of his set bail amount. The worst of all was he was denied release under his own recognizance.

When a judges sets bail they have the ability to release said defendants under their own recognizance to come back to court. Judges must take into consideration the seriousness of the crime, the suspect's criminal record, the danger the alleged criminal may pose to his/her community and the suspects ties to family, community, and employment. Judge Schnegg took no such time to neither investigate nor hear my father's defense in regards to his consistent cooperation with the court over the last year.

He has not posed in the past and present as a person to flee his court hearings or appearances he has done everything previously asked by the court with respect. He is not nor has he been a criminal and his ties with his family and community are in balance with unity and the preservation of peace, happiness, and justice, which is exactly what this country promulgates. It was also apparent in today's court hearing that Judge Schnegg, is violating her oath and allegiance to her position and duty to protect and defend the constitution of the United States, to carry herself with an unbiased opinion and to mediate the court in such matter by her actions and denial of due process. She took the liberty of entering a not guilty in the matter and relieved the previous public pretender due to the fact that he did not accept the terms and conditions set for by my father in order to accept his representation. The Judge appointed a private Attorney from the ICDA panel, which was created by The Los Angeles County Bar Association and began operating as the Indigent Criminal Defense Appointments Program for the Central District of Los Angeles County in 1986, on behalf of my father. The program provides private attorneys to represent indigent (impoverished, deficient, or totally lacking in something specified), criminal defendants in the Los Angeles County Superior Courts when the Public Defender and the alternative public defender are unavailable or have a conflict. ICDA, has been called to handle special cases such as, the 1992 civil unrest and in 2000 during the Democratic National

Convention they staffed the arraignment courts to handle demonstration matters. The cause to defend was not demonstrated today by the private appointed Attorney who so eloquently agreed with everything the judge was stating and tacitly acquiesced to her denial of Own Recognizance Release with his silence and lack of representation with no attempts or arguments to request from the judge for my father's release with his recognizance of returning to court as he has done on numerous occasions.

Nativo is being detained in the Los Angeles Twin Towers County Jail; let it be known that he will be fasting in stance with his pursuit to life, liberty, and happiness our unalienable rights. He will continue to provide the court with a remedy with humble intentions with no desire to dispute the facts, be an adverse party in the court, argue with the judge or make statements, or in any way dishonor the court. He has a remedy to provide the court and has worked assiduously to make this remedy available to the court to set-off the charges, settle the matter, and close the case. The court has refused to date to concede to his offer. Let it be known that he will accept no benefit from the state of California and will be forced under threat, duress, and coercion against his person and will to take fingerprints, a picture, wear county jumpsuits in high maximum solitary confinement, be chained, and segregated with nothing to read. Let it be known that my father is in perfectly good health far better then most young folks maybe even myself. He is also mentally competent but is not being aloud to be heard as if his appearance and presence in court were non-existent and the other parties are making decisions for him without his consent or signature.

I will leave you with the curiosity and invitation to stay posted and always encourage your presence to witness the proceedings in this matter. Whether we can grasp the concept or not, but can acknowledge that not one of us is exempt from the rule of law a social contract by which we concede into by granting the government authority and jurisdiction over our person or natural being therefore waiving all our rights and freedoms granted by the supreme law of the land, The U.S. Constitution. My father has shared these words with me, "Each court hearing is truly an experience in understanding the workings of the court, the power of common law private remedies, the application of commercial law, and the ability of a natural man or woman to walk into a courtroom, without a lawyer (an officer of the court who owes his first loyalty to the court, and not to his client), and present a reasonable option to resolve what appears as an intractable controversy."

Finally I reiterate that Nativo was never accused of voting in numerous precincts or more than once at any given election time. The multiple felony charges of electoral fraud are an over-reach by an extremely politically ambitious Republican District Attorney, Steve Cooley, who is know a statewide candidate for California Attorney General in the Republican Party election primary set for June 2010 and here lies the intention of "EIGHT FELONY CHARGES AND I REPEAT EIGHT FELONY CHARGES." It is apparent that the District Attorneys office is imposing cruel and unusual punishment on my father.

I will keep you posted lastly, please help us with a donation to defray mounting court costs that the defense committee has incurred over the past year. You can send your donation to: JUSTICE FOR NATIVO- 611 W. Civic Center Dr., Suite 200 Santa Ana, CA 92701. For any questions you may contact me at mafutaino@yahoo.com.

Hasta La Victoria Siempre, Taina, my heart and spirit are with you always father! My dad could really use a wish right now! , Or is it based on a flame, which consistently ignites curiosity acted upon through study and sacrifice to obtain true richness of mind and seek to learn what is not taught, the unwillingness to herd with contentment in any regard or any matter. I believe it is both, so make a wish and ignite that flame to protect our unalienable rights!!!

Que viva la mujer, los niños y nuestros circulos!!!

Join us in this prolonged campaign for driver's licenses and visas for our families. The first step in making change is to join an organization that pursues the change we desire. We welcome you to our ranks.

Other organizations leading this movement include: Hermandad Mexicana Latinoamericana, Mexican American Political Association (MAPA), MAPA Youth Leadership, Southern California Immigration Coalition, Liberty and Justice for Immigrants Movement, National Alliance for Immigrant's Rights, and immigrant's rights coalitions throughout the U.S..


CONTACT:
Nativo V. Lopez, National President of MAPA (323) 269-1575