Statement of Facts:

Judicial Misconduct Complaint

Against Judge Jeffery Miller

By Alberto Noriega-Perez

   

   Judge Miller acting as the trial judge in this matter has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts. Where in, he has attempted to fix the outcome of this case following a long-lasting well-prepared script.

    Whose conduct is part of a widespread pattern practice and custom. That has been hidden from the public view through a conspiracy of silence.  By the Government license lawyers who control our courts.  Which act as so called defense attorneys, prosecutors, and judges.

   This is accomplished (1) As the result of so-called defense attorneys providing no defense as in this instant case, sham defenses or defenses that at first blush looks good . However they are willfully just infective enough too loose their case by what appears to be a little bit.  While dropping the ball at key times. However when one is rich, powerful, or famous like Phil Spector, they are then allowed too win, no money no justice.

 (2) The prosecutors most of the time don=t have to work very hard, because the police withhold evidence of  government misconduct from them so that they can claim plausible deny ability. The defense attorneys make no meaningful defenses.

    While the prosecutors will stop at nothing to obtain a conviction of the innocent. For example they will even go so far as to devise schemes to prevent defendants who are competent at law from defending themselves. Which even includes falsely alleging that they have a mental defect. (a) Then the U.S. Attorneys and the trial judge threatened to send them to a mental institution, unless they allow the government licensed lawyers to control their case. 

     Who then as in this case refuse to make their defense, allowing the government attorneys to secure their false conviction. Which they could not accomplish against any reasonably competent defendant with a sufficient knowledge of law. As today anyone who puts their complete trust in their lawyers to protect their rights means that their lawyer has a fool for a client.

 (3) Judges supervise this star chambers type proceeding to make sure that it goes according to the script.  If a defendant wakes up before they are convicted.  The presiding judge acts as the Lord High protector for the governments lawyers, and even threaten defense attorneys who dare and attempt to defend their clients.

    When the defendants insist that their lawyer=s make their defense and when they refused. When complaint=s are made to the trial judge, that the defense attorneys are withholding meaningful defenses. The judges state as in this case, these are good lawyers!  Even though the record shows that they are doing nothing for their clients. 

     They however are just doing what they are scripted to do by the legal system. In doing so these Government licensed lawyers acting as judges. Have betrayed their oath of office to uphold the U.S. constitutional.  Their trust as guards of our liberty. While obstructing the constitutional commands for justice, as well as the courts truth seeking functions. In the process they are also obstructing the appellate court=s supervisory duties.

    The founding fathers in our Declaration of Independence stated that the Supreme Judge of the Universe our maker gave everyone certain inalienable right.  This includes a 72-year-olds Mexican immigrant, and his ninety-year-old mother. The founders demonstrated their intent to comply with our makers commands for justice.  By making it the first command in the preamble of our constitution.

     Judge Miller in the compounding of this conspiracy to violate my rights under color of law. Has conspired to deprive me of any meaningful constitutional protections. In order to fix the outcome of this case, so that the government can get a false conviction and to cover-up for their criminal acts. Judge Miller has knowingly and willingly  reduce all my protection under law to nothing more than a farce a sham and a nullity.

   The facts are that I was Arrested on 10/26/2006 and this case was assigned to the court room of Judge Miller, who appointed a Panel defense lawyer for me Mr. Frank Ragen. When this lawyer not only failed to make my many defenses and  resolutely refused, to communicate in this regard.  ( I had many defense memos sent to him with instructions to make specific defenses. (They can be made available to this court if desired.). I then wrote a letter dated on December 28, 2007 complaining to Judge Miller of Lawyer Frank Ragens failure to defend me.  There was no response from him. Exhibit A..

   On June 2, 2007  I filed a very extensive written motion to remove this lawyer Frank Ragen with a detailed declaration of the facts regarding his failure to make any meaningful defenses for me. Which listed some of the major facts and law in my defense. With a part which was filed under seal to protect my rights.

    However Judge Miller had the courts clerks in San Diego reject this motion and send it back to me even though he knew that I was held in jail. He used the excuse was that I had a lawyer. This was a total breach of discretion.  When the nature of my brief was to fire my lawyer and to defend myself in pro per. See Exhibit B1 cover page of said motion stamped rejected. Exhibit C1 Minute order to clerks of court rejecting my brief by Judge Jeffery Miller.

   I believe that Judge Miller did this. In order to prevent a record from being preserved for public or appellate review and to obstruct me from raising these defenses. Also covering up the proof of my lawyers outrageous and willful ineffective assistance of counsel.  As well as the many pretrial defenses that my lawyer was refusing to make. Including exposing the outrageous government misconduct in this case.

  Latter on 6/14/ 07 Judge Miller had inserted on the case docket sheet a false entry.  Stating that I had made an oral request for new counsel.  When it was in fact filed a written brief. After a short oral hearing in which, he did not deal with the merits of my complaint. 

   He assigned another panel lawyer Mr. Robert Garcia to help railroad me.  Thinking that this Uncle Tom Mexican American lawyer would be able to deceive me into thinking that he would defend me, because I was a Mexican immigrant. Judge Miller further said that if this lawyer did not workout I could then act as my own lawyer.

  This new lawyer appointed by Judge Miller, Robert Garcia  followed in the exact foot steps of the previous lawyer. Following the predetermined script which allows the government to convict whomever they wish. By  having their lawyer withhold any meaningful defense. This lawyer also refused my instruction on making the many fundamental pretrial defenses that are supported by facts and law.   Which even a first year law student knows how to make. 

   He  refused to communicate with me or my representatives regarding the instructions of facts and law in my defense. He has not come to see me for the last four months of my imprisonment. He has refused to take my call and hangs up in my face. As he is mad because I refuse to give up my rights and will not go like a lamb to the slaughter!

    On  8/29/07 I again filed a very extensile brief with the clerk of the court.  In this motion I requested a full hearing into the merits of my complaint against this lawyer=s refusal to make my defense. I also had extra copies sent directly to Judge Miller. He held a very short oral hearing, failing. Willfully failing to deal with the merits of this court appointed lawyers wanton refusal to make any of the at least twenty five pretrial motions available in my defense.

    At this hearing he refused to remove this lawyer. Who he knew  was not making any defense on my behalf or allow me to act as my own lawyer. His comments were that he knew Mr. Robert Garcia personally and that he was a good lawyer. Therefore making it obvious that he is prejudice in favor of this railroading process and against me making any defenses.

    The question is who is he a good lawyer for. The answer is obvious that he is a good lawyer for the king (government) in a star chamber=s court.  Where the defense lawyer has to agree with whatever charges are made by the government. It is therefore obvious that Judge Miller is attempting to help the government obtain an illegal and unconstitutional conviction.

    He did this so that the government extensile acts in the violation of my rights under color of law. In the past case # 92CR1581 and now in this one.  Which is just a continuing of the cover-up of their outrageous misconduct, so that it would not come on to the record. Thereby obstructing justice, covering up for their illegal acts. Following the same practice that resulted  a previous conviction by ICE for a nonexistent crime in San Diego federal court.

   Which was obtained as the result of the same long-lasting pattern, practice and custom of judges, defense lawyers, and government lawyers.  Conspiring one with another to obstruct defendants from making a meaningful defense. Therefore obtaining false conviction for a nonexistent crime and obstructing the filling of civil rights damage suits.

   The facts in this case prove indisputability that Judges Miller has betrayed his trust to the American people.  An in the process has further damaged the credibility of Government Licensed lawyers appointed as judges to be impartial. When it comes to protecting the people  rights against the Executive Branch of the government s and their state licensed lawyers.

   There is an old saying that one cannot serve two masters you will love one and hate the other. The founding fathers were not government licensed lawyers. They were citizens in the profession of law.  Who had no mixed loyalties. Who could give their whole hearted support to their clients. An were not agents of the government!

  By turning private citizen learned in the profession of law, into government licensed lawyers, officers of the court. They have as the result deprived the people in America of the constitutionally commanded effect assistance of loyal counsel. In this instant case Judge Miller by his own acts has shown his prejudice, against these liberties commanded by the founder of this great nation.

   It proves that he is prejudice in favor of helping the government lawyers get a conviction and seeing how many hides they can nail on the wall. This in wanton violation of the governing rules of this nation and everything America stands for.  These acts give the impression that at the end of the day in the real world.  That those living in America have no more rights than those living in some banana republic, only the illusion of freedom. Unless they have money, power, or influence, they have no rights.

    The facts in this case are indisputable the U.S. Constitution commands that every person is innocent until proven guilty. Judge Miller & other judges know that this protection has been reduced to a nullity. He indisputability knows that my court appointed lawyers have an are refusing to make my defense.

    That the government lawyers in San Diego have an incurable conflict of interest.  As they have conspired or compounded the conspiracy to violate my rights under color of law and government authority. Who have willfully failed to produce discovery to this case a year after the indictment. Who have direct access to the violations of my rights in the  previous cases. With the extensile litigation on my behalf exposing their misconduct and the violation of my rights. That has gone on  consistently for years up to and including shortly before these new fabricated charges, were filed in the furtherance of their cover-up.

     Judge Miller also knows that the courts of appeal have a policy of use it or lose it.  That if my lawyers do not file motions for all of my many defenses now. The court of appeals will refuse to consider them. Alleging it was part of defendants defense strategy. Then they will claim that because the (defendant) not his lawyer didn't=t raise them in the lower court. With a record preserved that they cannot rule on these issues no matter how serious a violation of his rights are. This also applies to issues that are appeal able pretrial.

  The government attorneys know this as does Judge Miller. That it has become a practice of the government employed attorneys, aided and abetted by many governments licensed lawyers, appointed as federal judges. To obstruct the courts truth seeking purpose and thereby justice.

    Through the obstruction the flow of facts and information into the record and to hide from the public, jury and courts of appeal. Anything that might prove helpful to the defendants case or damaging to the governments. See the case of Border Patrol Agents Ignacio Ramos and Jose Compean as only one of the many recent examples reported in the news.

   In  my case I have been held hostage by the U.S. Government for almost one full year.  I have been denied all my rights and  treated worse than terrorists held in the U.S. prison in Guantanamo Bay Cuba. At least they do not expect to be provided with the protections commanded by the U.S. constitution as I do. Who was raised and educated in America who has been living as a formal  immigrant in America for more than fifty years 

   However the record is indisputable Judge Miller has willfully engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts ( unless the business of the court  has been legally converted  to that of a star chamber) That has usurped the command of the people that our courts are temples of justice.

Judge Miller following the above described practice has willful caused and obstructed me from securing  the following rights and defenses.(1) Effective assistance of counsel (2) Access to my legal papers (3) Denial of right to contact the Mexican Consul upon arrest (4) Outrageous government misconduct before and after arrest.

(5) The Governments is still withholding discovery a year after indictment (6) Denial of speedy trial as the result critical wittiness in my defense have died  (7) Denial of information and wittiness against me.(8) Denial of a motion to suppress information obtained through an illegal search. That was conducted without a valid court ordered search  warrant, with one that was fabricated, or another of their previous secured off the shelf generic search warrant. Which  ICE  has used in the past of which I have undisputable proof!

(9) Dismissal for the Government willful infliction of financial damage upon me to force me into a plea bargain or obstruct me from having the means to make my defense. (10) For one year I have been denied bail. (A) By the government not excepting the offered property with greater value than the amount of bond (B) Through ICE placing an illegal hold on me a lawful resident. Therefor making it impossible for me to secure my right to bail. A scheme which was planed by them prior to my arrest.

(11) My Attorneys also refused to schedule a bail hearing!  (12) They and they have refused to file a motion for a writ of mandate and for a hearing ordering ICE to lift their illegal hold. (13) Refused to file a motion to quash the Governments dominated Grand Juries and their indictments(14) Motion to disqualify the entire U.S. Attorneys office in San Diego for conflict of interest.

(15) My attorney refused to have his investigator investigate ICE=S illegal acts of using private citizens to inflict economic damage on myself. (16) Dismissal because of the political pressure from Washington D.C. to create more immigration cases.(17) I have been denied due process of law.(18) My right to equal protection of law has been with held. 

(19) Furthermore I have for almost one year been willfully denied access to the court.  With my letters, ignoring by Judge Miller,  A twenty three page pro se  typed brief to fire my attorney returned by Judge Miller.  Who also has failed to rule on the merits of my second motion or  have a hearing. To fire the second worthless court-appointed lawyer. He further failed to order this worthless lawyer and officer of his court. To file the motions listed in my brief, or make my many defenses, contained in my defense memos to him. Even though many were including my motion to fire this lawyer.

    The facts are that while Judge Miller has been caught in his total disregard of the governing rules of this nation, as well as that of any civilized people. What his acts and commissions demonstrates is a long-lasting custom of judges aiding in the fixing cases.  Which records and witness I have access to, indisputable proof of this betrayal of trust. Which has been taking place for at least a quarter of a century by district and state court judges, all across this country.

    This indisputable evidence also proves that the judges at the U.S. Courts of appeals have been provided  proof of this custom of betrayal. In most cases by poor and defenseless pro se litigants. An they have failed to use their authority and duty giving by the founders. To purify our temples of justice from this manifest evil and restore justice to our courts. Because Americas Church of law (legal establishment)  hold as its primary doctrine (No Money No Justice).  Of which I am only one of its innumerable victims rotting in Americas Gulag=s.

   I am sure that there will be an outcry by the members of Americas Church of Law denying these facts.  However  though they lie until hell freezes over as is their custom. The truth of their evil deeds are preserved in the courts own files, records, and elsewhere all across this nation.

    The founder=s standard is quite clear in this regard. That it is not what they say that is important, but what that do. They also warned that the ministers of Satan present themselves to the people as servants of ours and their creator. When in fact they have betrayed their maker.

    In the same manner as those in offices of trust in America are betraying those who created these offices in our government. In fact the (Emperor has no clothes on) just the allusion of being moral. When in fact the entire legal establishment and its various divisions, are nothing less than money making racketeering enterprises that make trade in the bodies and souls of other human beings for money and profit. Who have embraced the Alice in wonderland doctrine, which holds that the law is whatever they say it is changing with their whim or prejudice.

  My record alone proves this widespread betrayal of trust. Which is like a cancer eating at the heart of our liberties. An evil that is so imbedded in our country that it most likely will require an act of the God of our founders to cure this evil. That he who gave us life and  also gave us liberty. Send avenging angels from his ruling throne to enact judgment now. Let it said let it be done!

  So that America can be saved from pure evil, tyranny and destruction. That is coming unless those who are betraying their trust repent, start following the commands of the supreme judge of the universe, and the founders of America or be destroyed. For it was  Thomas Jefferson who stated that ( I tremble for my country when I reflect that God is just) And whoever conspires to destroy our freedom is in rebellion against the supreme judge of the universe, and are committing high treason against the American people its only lawful government!

   The God he was referring to was the most high God, the creator and his Vice Regent Jesus the Christ.  Commander of the armies of heaven. Not the wannabe pretender Satan other counterfeit spiritual creatures, or their human agents.

    (If someone takes exception to invoking of the authority of the Most High God) By advancing the outrageous lie of the so-called separation of church and state. They need a refresher course in American  history. Therefore it needs to be pointed out that Benjamin Franklin the most Aworldly@ the founders. 

    When seeing that the framers were deadlocked over the constitution, called for prayer to God for help. Which allowed for the completing of the constitution. Which had in its first command in its preamble the demand for justice. Demonstrating their intent to follow  the commands of the Supreme Judge of The Universe.

    Further more the battle cry of the revolutionary war was that the founders would have no king over but Jesus.  That it was a Christian minster leading his troops at concord. That resisted the English governments efforts to take their guns. Which resulted in the first shots of resistance against tyranny fired in the revolutionary war.   

    These false legal theories are advanced by those evil dowers who are overt or in the closet reprobates and haters of Gods Commands.  Enemies of freedom, everything that is right, just and good, wannabe despots. Who want to act as though they were gods lording it over we the people.             

    This case now is far more important than myself. While I have paid the price to preserved  a record of the evils manifest in our country. Which while being hidden from most of the people.  Evils which are a clear and present danger to the lives, liberty, and property of everyone in America, our families, our children and grandchildren.

    Therefore because one cannot expect the fox to guard the hen house, or for Jesse James to stop Frank James from robbing banks and trains.  Who at least gave money to the poor. The Church of Law and their high priest judges rob the poor of their money, property and right to justice. While taking money from the poor and serving the interest of the rich, powerful and their other evil masters. While betraying their trust to the American people.

    Therefore I am not only calling for a special panel composed of non lawyers to investigate my complaint.  I am also requesting that the investigation by the judicial branch of our government be conducted by the entire supreme court.  As well as for an investigation by the U.S. House and Senate. That they take whatever steps necessary to protect our national freedoms and  purify our courts and further that Judge Miller is suspended during this investigation and that he is impeached.