July 29th, 2019 turned out to
be my last day in court regarding my unjust conviction and sentencing for
sitting in a city council meeting in Huntington Park to protest their outlaw
city status and their lawless appointment of two illegal aliens to city
commissions.
Yes, I am claiming this!
Monday, July 29th, 2019 was my last day in court regarding the sentencing the
conviction, etc. that I endured.
I cannot tell you what a
relief, how relieving it has been to go through this. I am further so thrilled
to share with all of you that I lived in neither fear nor trepidation about
outcomes or potential consequences which had resulted from the lawless arrest,
indictment, prosecution, conviction, sentencing, etc.
There is so much to relate to
everyone, that I was not prepared to share previously.
After I was sentenced, October
30, 2018, my employer Brian Camenker, the President of MassResistance, insisted
that I not do any of the required sentencing. "Don't do anything. Let's
get you a good lawyer, file an appeal, and get a stay of sentencing so that you
do not have to the Cal-Trans work, write the letters, etc."
My next hearing before Downey
Court, Department Four, was scheduled six months later, April 30, 2019. I was
supposed to show some, if any progress, toward the Cal-Trans efforts as well as
the writing of apology letters to Huntington Park, a report on the Museum of
Tolerance, etc.
I trusted my boss to help raise
the funds to get a good appellate lawyer. I started a GoFundMe, and raised a
grand total of $470. Not nearly enough. My boss reached out to major donors for
help, men and women who have contributed to the pro-family cause in certain
ways. Nothing happened.
By the time I was supposed to
appear in court, nothing had been done. I did not take care of any of the
sentencing requirements. Nada. My own assigned attorney, who had represented me
(very badly) in court did not even show up. Another attorney, a friend of my
assigned attorney (we will call him "Blue Suit", since that's what he
always wore), represented me in court before the judge. He requested a stay of
sentencing for me, but the judge would not grant one, since my appeal would
probably last as long as my current probation order: three years.
She then announced that I would
have to submit to a probation violation hearing. Oh brother! My sentence
included a suspended sentence of 364 days in jail. If I violate my probation, I
would be sent to jail! OH GOSH! I asked the judge if there was anything I could
do to avoid that worst case scenario. "Maybe," she told me. "You
are looking at 364 days in jail. My hands are tied. I cannot undo what the
previous bench officer put in place."
This was devastating to me! I
had trusted people to line up a better attorney for me, one who could seek not
just a stay of sentencing, but who could file a strong appellate brief in my
defense to get this conviction overturned. Everything had fallen apart on me,
and in one sense, it was not even my fault! I was prepared as early as February
of this year to complete the Cal-Trans assignment. Brian told me "I think
it's stupid, but go ahead." I didn't care what he thought at that point. I
went to the Downey Court house to sign up for the Cal-Trans order, but
something inside of me was not at peace about it. The lady running the
Volunteer Center Office noticed I was really worried, and even she told me,
"You have plenty of time. Come back later."
Looking back at the delay in
signing up for Cal-Trans, I really do think it all worked out for my good. My
health was in a steadily more precarious state, and if I had started doing the
strenuous work on the freeways earlier in the year, I may have suffered the
stroke, and much earlier, and the consequences would have been much worse!
At any rate, I completed all
the tasks assigned to me because of the sentencing. I wrote the letters, the
essay, I even paid the attorney's fees imposed on me. All the while, I had
prayed to God. "Lord, I do not want to go to jail. I can do so much being
free, outside of a cell." I cried, just as Hezekiah cried when he was
afflicted, and the prophet Isaiah initially told him to prepare his effects,
because he was going to die (cf. Isaiah 38: 1-3).
My probation violation
hearing was set for June 10th. I wanted to complete all the Cal-Trans days by
that time. My first day was May 1, 2019. It was slightly rough getting started,
and then I found myself struggling to get through the work. I could only
complete 4 days before the ongoing fatigue, coupled with lack of sleep, took
too much of a toll. I just gave up and resigned myself to whatever outcome. I
had gotten some of the other tasks assigned, as well.
Then came the health
scare. First, the physical on May 30th, in which I learned that my blood
pressure was exceedingly high. Then came the emergency room visit, in which I
was trained on future warning signs. Then came the stroke and the transient
ischemic attack on June 6th. Complications followed, and I had to resign myself
to the fact that I could not go to court for my June 10th hearing. I was so
worried at first. I feared the worst--a nasty habit which God's grace has freed
me from at last--that the judge was going to issue a bench warrant for my
arrest because I did not come to court as ordered for my probation violation
hearing.
I look back on the
extensive health complications I faced, and I believe that it really worked for
my good. If I had gone to court that day with what little had been
accomplished, she would have probably assigned some jail sentence! Romans 8:28!
After a few days of
convalescing, I got busy finishing the rest of the Cal-Trans assignment. I
finished early, two weeks before the next scheduled hearing of July 29th, 2019!
It all worked out, that I could get the rest of the sentencing demands done
with time to spare.
I had no idea what to
expect when going to Downey Court house on July 29th. I refused to fear. I
meditated on God's faithful promise in Philippians 4:
"Be careful for
nothing; but in every thing by prayer and supplication with thanksgiving let
your requests be made known unto God. And the peace of God, which passeth all
understanding, shall keep your hearts and minds through Christ Jesus."
(Philippians 4:6-7)
If the judge sent me to
jail, I knew that God would favor me in a jail cell, just as He had favored me
at the Cal-Trans yard. Besides, LA County jails are so crowded, that most
people serve a fraction of their sentence if anything at all. I trusted that I
would be OK. I praise Jesus even now that when I went into the court house that
day, I was not fearful or trembling. I knew that He loved me and was taking
care of me every step of the way.
I went to Department
Four, and noticed like a few others that the court was not open at all. I had
gotten there at 8:30am. Usually, staffers are moving around in the courtroom,
even if the doors are not yet open. But no one was inside. The "Blue
Suit" attorney was there, too. He greeted me, so happy that I was doing
well. I told him that I had lost 30 pounds, just as he had lost weight three
months prior. In fact, I was wearing a suit that day that I had not worn in
over 30 years because I had been so overweight: one more example of God used
bad things for my good!
Ten minutes later, one
of the public defenders came to us outside of Department Four, and told us that
the entire criminal calendar had been shifted to Department Two, one floor
below us. The original judge assigned to my case had not even shown up! She was
probably sick, but this was already working in my favor! Yes, FAVOR!
Department Two in Downey
Court house has Commissioner Michael Pearce. He had heard my small claims case
against the city of Huntington Park last year. Commissioner Pearce is one of
the coolest cucumbers in the court house. He doesn't raise his voice, he's
generally easy-going. And he was really calm in court on July 29th!
My assigned attorney had
not shown up yet, and I was concerned that he would be a no-show, just like on
April 30th. The Blue Suit attorney then comforted me, and said "I'll tell
you what. I will stay here and wait until your attorney shows up."
That was so cool. I felt
really encouraged by this.
Here's what happened in
Department Two on July 29th. It was so cool, so weird, too!
The deputy DA's for
Departments Two and Four were assigned to the same table. The prosecutor who
had pursued me, Carl Marrone, was there. He could have been there to ensure I
was held accountable for my probation violation. The new calendar deputy DA, an
Asian guy, was assigned to replace Marrone in Department Four. I am going to
call him "Asian DA" since I don't know his name. My attorney told me
that the Asian DA saw my case and later told him: "I would have never
prosecuted this guy." Amazing. This DA was already more of an advocate for
me than my own attorney!
Commissioner Pearce was
really something. He was probably upset that he had to run two criminal calendars
in one day. He took care of business pretty quickly. One case was really
surprising. This one defendant came to the podium, and he admitted in open
court that he had not started doing anything toward his sentencing, just as I
had been forced to admit on April 30th. The defendant told the court through an
interpreter that he could not complete a series of classes because of the cost
of the program. Commission Pearce told him to come back in two months and have
everything completed.
Deputy DA Marrone rose
up and protested this decision: "The defendant was driving under the
influence with a high drug level. They found methamphetamine in his car. The
people demand that your honor issue a probation violation."
"No," the
judge responded. "I am going to give him two more months."
And just like that, the
judge blew off the prosecutor who had gone after me for a crime--that I had not
even committed. It was humiliating for Marrone! It was quite vindicating for
me, sending a signal that things were going to go well for me. I really liked
that the DA got shot down like that.
Another defendant
appeared for a pre-trial hearing. He was really angry, and he walked up very
slowly to the podium. His case had something to do with domestic violence. DA
Marrone chimed in: "The people are waiting for a potential child abuse
report, as well." This defendant got really angry, started at Marrone, and
said "What the fuck are you talking about?!" Yes, he cursed in open
court, in front of the judge. Then he stared menacingly at the DA, too.
The judge just laughed
it off, but wanted to de-escalate the situation. He motioned to the assigned
public defender to send his client out. Marrone then whined: "I would like
the record to reflect that the defendant is staring down at me." The judge
laughed it off and concluded the matter. That was the second time that the
judge shut down DA Marrone. It was great to watch!
Then it was my turn at
the podium. I produced a form to prove that because of my hospitalization, I
could not come to court on June 10th. I also provided the other information
which demonstrated that I had completed everything toward my sentencing order.
The Asian DA said to Commissioner Pearce: "The people are satisfied with
proof that the defendant could not appear in court on June 10th."
It was really
interesting what happened while the deputy DA was giving his statement. The
judge was looking through my file, then looked at me. "You were here for
the small claims hearing last year, right?" I said, yes, and then I told
him that I was 30 pounds lighter since then. He and the court clerk both
laughed, and the judge said to me "Good for you!" It was nice to see
a judicial officer smile, and especially at me.
Then he looked over my
file, and looked at me again, almost as though to say, "Why are you even here?"
The Asian DA then said:
"The defendant has completed all that he was ordered to do. We request
that no further court hearings be scheduled, and that his probation be allowed
to expire."
Just like that! And the
judge just smiled at me and said. "OK. You're all done! Just stay out of
trouble." 🙂
I was so relieved. SO
RELIEVED! Nothing was mentioned about a supposed probation violation. NOTHING.
I couldn't believe it. I went over to Blue Suit and hugged him--he had stayed
in the court room ever after my attorney had shown up!
THAT'S IT!
GOD'S FAVOR REIGNED
SUPREME FOR ME THAT DAY!
I had prayed that this
whole probation violation thing would disappear. It wasn't all my fault,
anyway. And Lo and Behold--it disappeared!
Folks, I can assure you
that this whole political and legal miasma is working in my favor. Jesus really
came through for me that day. I really believe that He will come through for me
regarding my appeal against this unjust conviction, too. I have asked Him to
rule in my favor, and for the appellate court to reverse my conviction and have
the charges dismissed against me with prejudice, which means that
"The People" cannot try me a second time. I have also learned that
even if this prayer is not answered, God will answer with something much
better!
I am so happy I can share
this with all of you. The probation order still stands, and technically it will
last until October 30, 2021. I intend to request for this to be rescinded, too,
in January 2020. Hopefully, if the appeal goes my way, it will be reversed
along with everything else, and I won't have to do anything.
Here’s the part that I
want to leave with all of you following this ongoing legal matter: There is
nothing wrong with suffering when you have done nothing wrong.
"Blessed are they
which are persecuted for righteousness' sake: for theirs is the kingdom of
heaven." (Matthew 5:10)
And I both know and
believe that God will accord to my double for all that I have lost in this ordeal:
"For your shame ye
shall have double; and for confusion they shall rejoice in their portion:
therefore in their land they shall possess the double: everlasting joy shall be
unto them." (Isaiah 61:7)
It's only going to get
better, folks! With the improvement in my health, with the greater grace to
believe that God is on the job, I can really say just as Hezekiah had said
after he recovered from his near-fatal illness:
"Behold, for peace
I had great bitterness: but thou hast in love to my soul delivered it from the
pit of corruption: for thou hast cast all my sins behind thy back."
(Isaiah 38:17)
The New International
Version brings out the fullness of this verse so much better:
"Surely it was for
my benefit that I suffered such anguish. In your love you kept me from the pit
of destruction; you have put all my sins behind your back."
It was for my greater
peace that there was great bitterness, great affliction in my life. There is
greater joy, greater victory in suffering a little for doing nothing wrong, only
to get rewarded with much greater restoration, than to have never suffered at
all. There is nothing better than to be vindicated slowly but surely in the
presence of one's enemies. Best of all, throughout this entire ordeal, I
learned to TRUST CHRIST more and worry less. I realize more to what great an
extent he has been working behind the scenes for me. I thought that all things
were against me, but they really are working in my favor, folks. I can assure
all of you that I did not have one sleepless night throughout all of this.
"For our light affliction,
which is but for a moment, worketh for us a far more exceeding and eternal
weight of glory" (2 Corinthians 4:17)
I will keep everyone posted
about what happens regarding the appeal of my false conviction. I am praying
for more favor, that the justices will not only overturn my conviction, but
dismiss the case with prejudice, but I know that no matter what happens,
everything that was taken from me will be restored at least two-fold!
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