Free James Kimball
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Free James Kimball |
Rigged Conviction - Rigged Appeal
Of
Federal Prisoner Robert D. Treadway
By The Following Corrupt People:
1. Federal Prosecutor- Paul O'Brien Memphis, Tenn.
2. Federal Chief Judge- James D. Todd Jackson, Tenn.
3. Federal Court Of Appeals Judge- Moore Cincinnati, Ohio
4. Federal Court Of Appeals Judge- Clay Cincinnati, Ohio
5. Federal Court Of Appeals (As Designated) Judge- David M. Lawson
(Eastern Michigan District Judge)
7. Tennessee State Prosecutor Walter Freeland- Bolivar, Tenn.
8. Attorney James Schaeffer "Sr" - Memphis, Tenn.
For personal reasons (presently being held confidential) Tennessee State Prosecutor Walt Freeland apparently approached a friend of his "Federal" prosecutor Paul O'Brien and told prosecutor O'Brien to INDICT and CONVICT Mr. Treadway any way he could.
Federal prosecutor O'Brien was from Memphis, Tenn., and practiced in the Memphis Federal Courthouse.
It clearly appears that Federal Prosecutor O'Brien decided to invent the scene of the crime as being in Covington, Tenn. Which is 20 miles away from "his" Federal courthouse in Memphis; where he was a prosecutor . It's just as obvious that Federal prosecutor O'Brien did not personally know a corrupt Federal judge in Memphis, so he needed to bring his Federal case to Jackson, Tenn . about 60 miles away from the scene of his invented Federal crime.
Federal prosecutor O'Brien secured an indictment against Treadway in Jackson, Tenn., and the case was taken by Federal Chief Judge James D. Todd in Jackson, Tenn., instead of Memphis.
A chief judge, which Federal Judge James D. Todd is, is over all Federal judges in his district.
Corruption "Hot" and Heavy
Mr. Treadway hired a friend of his, attorney Charles Agee from Dyersburg, Tenn.
Prior to trial at a bail hearing Federal prosecutor O'Brien attempted to get Mr. Treadway's attorney, Mr. Agee, off the case, simply because Treadway's attorney knew the real "personal" reason that O'Brien setup Treadway with an indictment to begin with. Prosecutor O'Brien brought the subject of disqualifying Agee in court; touting a conflict of interest, however Attorney Agee did not agree, would not withdraw, unless, he fell under a formal court opinion. Attorney Agee refused to withdraw from representing Mr. Treadway (ref. Trans. Jan. 13, 2000). The court accepted Attorney Agee to represent Treadway and dropped the issue of any conflict of interest.
Mr. Treadway needed Attorney Agee to represent him due to the fact he knew all the circumstances, including the personal reason that Federal prosecutor O'Brien went after Treadway in the first place. Attorney Agee told Treadway his charges were bogus.
Federal prosecutor O'Brien had to stop Attorney Agee from representing Treadway or O'Brien's plot of framing Treadway with a crime that never happened could be exposed.
It appears Federal prosecutor O'Brien and Chief Federal Judge Todd got their heads together and came up with the perfect plot .
Judge Todd would pressure Agee to withdraw under the guise of a hearing in court before himself (Federal Judge Todd) and issue an order to remove Agee from representing Treadway in the form of consent.
Federal Judge Todd on March 10, 2001 put into writing in the form of an order that; Charles M. Agee requested to withdraw as counsel for Treadway; that a hearing was held; and that the court ordered the request from Attorney Charles M. Agee to withdraw from representing Mr. Treadway, be granted. Signed James D. Todd United State District Judge, March 10, 2000.
Click here to review Federal Judge Todd's Order
The hearing was bogus , as was any request from Attorney Agee to withdraw.
A very ethical and sincere Attorney Michael M. Losavio of 1520 Castlewood Ave., Louisville, Kentucky uncovered, what Kimball calls is a criminal conspiracy to commit obstruction of justice and deliberately falsely imprisoning Treadway in 2000, by all concerned.
There never was a motion or request from Attorney Agee to withdraw filed with the court, as the record reflects. Additionally, Treadway's record, or docket 00-6140 reflects that there was never a motion or request filed with the court for any other attorney to appear in Treadway's defense.
The court record appears to reflect that there were 2 hearings held before the court, i.e., Chief Federal Judge Todd on March 10, 2000 regarding prisoner Treadway. The bogus one removing Attorney Agee from defending Treadway and another apparently bogus hearing, admitting attorney James Schaeffer, "SR", as the new attorney, now approved by the court to defend Treadway. Attorney Schaeffer, "SR" was not Treadway's choice of attorneys to defend him; attorney Agee was for aforestated reasons.
Click Here To Review Court's March 10, 2000 Record
When attorney Losavio first uncovered part of this conspired plot, Chief Judge Todd was confronted, and a confession in the form of an order from Judge Todd was secured by Attorney Losavio.
Click here to review Federal Judge Todd's Confession
Federal Judge Todd admitted he did not conduct the March 10, 2000 hearing.
The Corrupt Conspiracy Continues
After prisoner Treadway's Federal indictment and placement in jail, corrupt Judge Todd refused to allow Treadway's bail even though Attorney Agee's arguments should have allowed a reasonable bail or no bail at all.
Treadway while in jail, was notified by Agee that he was being pressured off the case by Federal prosecutor "O'Brien" and that he was going to be ordered off Treadway's case.
Treadway's son in an effort to help his father was hiring attorney James Schaeffer "SR" to defend his father and Treadway was notified to that fact.
However, it appears James Schaeffer "SR" as aforestated never filed a request, or motion to the court to appear in Mr. Treadway's defense.
Note: The law and/or rules clearly state a motion or request " must " be presented in writing to the court " before " any attorney may " withdraw or be added " as a representative of any defendant (ref. Tenn. LR83.1).
The fact is James Schaeffer "SR" never represented prisoner Treadway at any hearing , motion, or in court . Attorney Schaeffer "SR" had a son with the same name only with a "JR" at the end who was also an attorney. Neither Mr. Treadway nor his son had hired, or wanted James Schaeffer "JR" to represent Mr. Treadway.
Treadway Coerced Into Pleading Guilty
Attorney James Schaeffer "JR" advised prisoner Treadway to plead guilty even if he was innocent because Treadway would only get a couple of years if he plead guilty and over 30 years if he went to trial. Treadway totally confused, not knowing what to do, deprived of the attorney of his choice, Mr. Agee, then the attorney of his son's choice, Treadway under duress felt he had no choice but accept a plea bargain of a couple of years.
Corrupt Chief Judge Todd gave Mr. Treadway 8 years in Federal prison. Directly after Mr. Treadway pled out Attorney James Schaeffer "JR" filed a motion to the 6 th Circuit Court of Appeals to withdraw as counsel from Treadway, because he wasn't hired to represent Treadway or appeal to the appellate court. The Sixth Circuit allows James Schaeffer JR's withdrawal.
Note: Records reflect that James Schaeffer "SR" and James Schaeffer "JR" were " not " partners, or in any law firm together. They each had their " own " " separate " law practices.
The Sixth Circuit Court of Appeals could not release corrupt James Schaeffer "JR" from representing Mr. Treadway, simply because Federal Judge Todd nor any Federal court ever authorized Attorney James Schaeffer "JR" to represent Mr. Treadway in Federal court to begin with.
The Corruption And Cover Up Continues
Mr. Treadway now broke, becomes a federal prisoner admitted to the Bureau of Prisons (BOP) and files a motion to corrupt Judge Todd to ask the court to appoint him an attorney for his constitutional right to appeal. Chief Federal Judge Todd refuses Treadway's request for a court appointed attorney, obviously because the whole criminal conspiracy could be uncovered.
Prisoner Treadway filed an appeal to the 6 th Circuit Appellate Court in Cincinnati, Ohio, requesting that the appellate court grant his constitutional right to appeal his case and appoint him an attorney , as he is now indigent. The Sixth Circuit Court of Appeals grants Treadway's request and appoints Attorney Michael M. Losavio, a very ethical attorney , to handle Mr. Treadway's appeal. Attorney Losavio being from Kentucky could not practice law in Tennessee; however being appointed by the appellate court, the Tennessee Federal Court allowed Attorney Losavio to appear as Mr. Treadway's counsel in Tennessee, just to represent Mr. Treadway then withdraw as counsel once his legal work in Tennessee was completed.
The appellate judges assigned to hear Mr. Treadway's appeal via Attorney Lasavio were: Federal Appellate Judge Moore and Clay from Cincinnati, and a District Judge David M. Lawson from Michigan.
The appellate court, i.e., Federal government had agreed to pay Attorney Losavio fees and costs to represent Mr. Treadway. However, Attorney Losavio told Mr. Treadway when he notified the appellate court he needed to travel to Tennessee to secure Judge Todd's confession aforementioned, the appellate court refused to pay Attorney Losavio's expenses.
As ethical an attorney as Losavio is, he paid his own expenses to secure Judge Todd's admission. Attorney Losavio also advised Mr. Treadway that he had contacted his first Attorney Agee , and Attorney Agee advised Losavio that he never filed a motion to withdraw, nor had he intended to; he was forced off Mr. Treadway's case without revealing exactly how.
The appellate court's refusal to pay for Attorney Losavio's expenses to secure the admission of corrupt Chief Judge James D. Todd was the start of the cover up by the appellate court.
The cover up partially started with the refusal of the appellate court to pay Losavio's expenses to obtain a confession. The confession afore shown was put in the form of an order by Judge Todd to conceal his corruption . No one would notice an order to correct a record, or research what that order corrected two years prior. The order was forwarded to the appellate court, who would continue the concealment; which they did.
To this point Federal Judge Todd, Federal Prosecutor O'Brien, Attorneys Schaeffer both SR and JR had committed the following conspiratorial acts.
Conspiracy To:
These Conspiratorial Acts Are Criminal!!
Brief Summary Of Criminal Conspiracy Thus Far
To this point it is clear what transpired. Tennessee State Prosecutor Walter Freeland requested Federal Prosecutor Paul O'Brien to frame Mr. Treadway with some crime and put him away (for personal reasons currently held confidential).
Prosecutor O'Brien had to get rid of Treadway's Attorney Agee because he knew too much and could expose the whole conspiracy to imprison Treadway.
Federal prosecutor O'Brien and Chief Federal Judge James D. Todd came up with a plan to get rid of Attorney Agee and work with Attorneys James Schaeffer "SR" and "JR" and " railroad " Treadway.
Prosecutor O'Brien pressured Attorney Agee to stop representing Treadway (with threats of some kind, possibly a Federal investigation against Agee or indictment on some phony charges would be a " good " guess and very typical of many Federal prosecutors). Meanwhile Chief Judge Todd issues a phony court order that states a hearing was held, when it wasn't suggesting that Agee filed a motion with the court, or requested to be removed from Treadway's defense when in fact Agee had not . In the next breath Chief Judge Todd appears to issue yet another phony order allowing James Schaeffer "SR" to now represent Treadway replacing Attorney Agee. (The record reflects such an order, however to date it is not in our possession.)
Both orders were illegal as Judge Todd violated the law/rules by issuing any order of withdrawal or admittance without a formal motion in writing, presented to the court in advance . Fraud by Judge Todd was committed when he issued the illegal order, and fraud again by Judge Todd was committed when he referenced a hearing in his order that was held by him that never was conducted . Fraud again was committed by Judge Todd when he allowed James Schaeffer "JR" to represent Treadway in court, when not only didn't James Schaeffer "JR" not file a request or notice to appear, the same as his father; Chief Judge Todd didn't even bother to hold a phony hearing, or issue a fraudulent order allowing James Schaeffer "JR" to represent Treadway at all.
The law, ethics, rules and consequences of what all the conspirators participated in is at the end of this accounting.
The 6 th Circuit Court Cover Up By Appellate Federal Judge Moore, Clay
And District Judge Lawson
The appellate court and the aforementioned judges apparently first joined the conspiracy involving Freeland, O'Brien, Schaeffer "SR", Schaeffer "JR" and Chief Judge Todd when they accepted James Schaeffer "JR's" fraudulent motion to withdraw as counsel for Treadway, when Schaeffer "JR" had never filed a motion or been admitted as counsel for Treadway.
More involvement came when the appellate court refused to pay Attorney Losavio to travel to obtain the evidence which started to reveal a major part of the conspiracy.
6 th Circuit Court Of Appeals Judge Join The Conspiracy
By Covering Up The Conspiracy;
Keeping Treadway In Prison
All the court records were sent to the appellate court judges, Moore, Clay and Lawson. Treadway's court records reflect everything stated herein and more. The records clearly spell out what happened and at the very least the conspiracy between Federal prosecutor O'Brien, Judge Todd, and the father and son team, the Schaeffers.
Even if the three appellate judges weren't intelligent enough to figure out the entire conspiracy involving O'Brien and the Schaeffers, they were well advised about local rules, which are in fact law, in which Chief Judge Todd deliberately violated. These judges were also well advised that the order that was issued by Federal Judge Todd was fraudulent. Not only because Judge Todd had violated the court's law, he had referenced a hearing was held, which was a lie , and it was determined that Treadway's attorney withdrew. These judges also knew the record reflected that Judge Todd issued another order admitting Schaeffer "SR" to represent Treadway, without a request or motion to the court which was another deliberate violation of the court's law by Judge Todd.
The three appellate judges knew just with that evidence, which they mentioned in their written denial of Treadway's appeal, that the order issued by Judge Todd removing Attorney Agee was in fact invalid and void . That any order issued by Judge after that would also be invalid and void . Treadway's release from prison by the appellate judges should have been "immediate". No one had to tell the three judges that fact , they knew that fact; the same as this non-lawyer writer knows. (This is discussed at the end of this accounting as an editorial note .)
Judges Moore, Clay and Freeland clearly decided to keep Treadway in prison and protect corrupt Federal Judge James D. Todd, corrupt Federal prosecutor Paul O'Brien, and the corrupt James Schaeffer duo.
Here's How The Corrupt 3 Judges Did It
On May 16, 2000 6 th Circuit Federal Appellate Judges Moore, Clay and Lawson issued a public opinion in the USA vs. Robert Douglas Treadway a matter of public record. In their carefully worded opinion designed to protect corrupt Judge Todd and the other conspirators while keeping Treadway in prison, the three judges " invent " reasons why Treadway was not deprived of this 6 th Amendment right to defense counsel of his choice.
The Three Corrupt Judges LIE In Their Rigged Opinion
• That everyone has the right to their Sixth Amendment right to assistance of counsel which means as stated by the Supreme Court, Mr. Treadway had the absolute right to the attorney of his choice, which Attorney Agee was. The three corrupt judges are absolutely right in saying that fact.
• Then the three judges turn right around and say in their rigged opinion that Treadway was not entitled to that absolute right because at sometime in the future during the trial Agee may choose to call a witness for Treadway that Agee represented in a different matter , thus a conflict of interest, thus the trial court (Judge Todd) "did not act unreasonably, but rather acted "appropriately" in allowing the withdrawal of Agee."
WAIT A MINUTE: That's a bunch of hogwash. The record revealed, which these three judges had in their possession, that Attorney Agee would not withdraw just because the prosecuting attorney wanted him to, accusing him of a conflict of interest. Agee wanted a hearing and argue the issue and if need be, if a real conflict of interest existed found by the court, ordered off the case if the court so found. Agee had filed no motion to withdraw from the case. Additionally the trial court and the appellate court judge knew that Treadway could and would have signed a waiver , waiving any conflict of interest question and Attorney Agee would have remained as Treadway's attorney.
Knowing all this, these 3 corrupt judges said Chief Federal Judge Todd was correct , when in fact and by law these appellate judges knew Judge Todd was DEAD WRONG and violated Treadway's 6 th Amendment right. These judges were wrong and they knew it when they stated this in their opinion.
• These three judges go on to say in their opinion that the Fifth Amendment (which Judge Todd blatantly violated) states a person shall not be "deprived of life, liberty or property without due process of law." This is exactly right .
• Then the demented judges invent a horrible way to get around Judge Todd's obvious violation of Treadway's 5 th Amendment rights to due process of law. These judges say, we agree that there was a violation of the rules, that Attorney Agee did not file a motion to withdraw and that another error occurred when Judge Todd did not provide Treadway the opportunity to argue Agee's removal, "nonetheless, we must affirm (meaning agree) the court because, Treadway did not suffer prejudice in that he retained a replacement attorney, that same day."
WAIT A MINUTE: Prejudice means deprived of some lawful right . Of course Treadway was harmed, injured, etc., he was deprived of his 5 th Amendment right, that's prejudice . Treadway was deprived of his attorney that would have exposed the corrupt plot by all involved and found not guilty by a jury; that's prejudice . Treadway would not have lost his liberty and gone to prison ; that's prejudice , and much more. (See Torture and Death Camps Across The US located at the top of this page, then click on Victims and then click on Robert Treadway.)
Additionally , the attorney that Treadway's son hired, that was illegally admitted to the court to represent Treadway, without a request to appear, never represented Treadway. The attorney that represented Treadway allowed by Federal Judge Todd was not legally allowed to practice in the Federal Court to defend Treadway, ever . " Another" "clear" violation of Treadway's 5 th and 6 th Amendment rights . The attorney which illegally appeared on Treadway's behalf coerced (convinced) Treadway who had No Idea what was happening to him, to plead guilty to a couple of years in prison, in lieu of a loss at trial and over 30 years. Of course Judge Todd gave him 8 years.
And these three judges, Clay, Moore , and Lawson have the " audacity " to say Treadway was not harmed . These persons would have to be demented or just plain "corrupt and evil" to put such words in writing; however, all these judges did .
• The corrupt 3 appellate judges (Corrupt 3) go on to say in their rigged opinion ; that Treadway never objected to the removal of his attorney of choice , Agee. How could Treadway object, he doesn't know the law; that's why he hired Agee. Agee was never given a chance to argue for Treadway about his removal, and the hearing that removed Agee was falsified by Judge Todd.
Most assuredly the new " rigged " attorney, or should I say attorneys, the corrupt Schaeffer duo , were not going to argue against Attorney Agee's " allegedly " withdrawing. There is no question the Schaeffer duo's stunts were not in Mr. Treadway's best interests at all. The Schaeffer duo came on board to make sure there was no trial that Treadway pled guilty and went to prison for a long time.
• The final insult: by the corrupt 3. At the end of their corrupt decision the corrupt 3 state: "Because Treadway has not revealed any facts that would suggest that the removal of Agee and Treadway's subsequent representation by another retained attorney affected his substantial rights or "fundamental fairness, honesty, or public reputation" of his judicial proceeding, we conclude that Treadway failed to satisfy the final two components of the plain-error test.
WAIT A MINUTE : What A Knowing LIE
• No where in the corrupt 3's brief did they even mention the fraudulent hearing by Federal Judge Todd. The corrupt 3, not only deliberately left out the fact of the fraudulent hearing that Losavio brought to their attention in Treadway's appeal; they never put in their brief that Treadway's second attorney never filed a motion to appear on Treadway's behalf, nor defended Treadway, or that Treadway's 3 rd attorney that did represent Treadway before the court; not only did not file a request, or a motion to represent Treadway, which by law he must, the court never issued even a fraudulent order allowing him to represent Treadway. Treadway was defended by a person (James Schaeffer, Jr.) who was not authorized by the court to defend Treadway and not Treadway's choice of attorneys to defend him.
All 4 Federal Judges Violated
"Their Sworn Oath"
Chief Federal District Judge James D. Todd along with 6 th Circuit Appellate Judges Moore, Clay and Lawson clearly violated their SWORN oath of office thus committed perjury to the people of the United States of America.
A Judge's Oath Of Office
I _______________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the "poor" and to the rich, and that I will "faithfully" and "impartially" discharge and perform all duties incumbent upon me as ______________ under the "Constitution" and "Laws" of the United States. "So help me God" (emphasis added)
There remains no question with what transpired between these four Federal judges that they " were NOT " impartial, that they " did NOT " do equal rights nor did they function without respect to persons. They blatantly protected someone else at the expense of an innocent man .
Most of all they " DID NOT " discharge and perform their duties under the Constitution, or the laws of the United States.
All involved should be criminally indicted and prosecuted for premeditated conspiracy to obstruct justice, conspiracy to willfully harm and false incarcerate Treadway and wonton premeditated prosecutorial and judicial misconduct to inflict mental harm and deprive a citizen of their liberty rights.
Will the courts or Federal Government go after the Federal Government employees that commit clear criminal acts? ANSWER: NO
Why not???!!!; is under Corrupt Evil Government Employees, Law and Attorneys and Lawless Authority located at the top of this page.
This Matter Was Brought To The Supreme Court
What Did The US Supreme Court Do?
"NOTHING"!! They Refused To Hear It!!
Legal Note: The very basis and foundation of law is: in order for the Government, or any other agency to enforce any law against any person they must first " obey " the law, rules or regulations, which give them the authority to enforce the law against any citizen in the first place.
When the Government or any other entity , violates any of the laws, rules, or regulations which afford them the authority to prosecute any alleged offense by a citizen, they have lost all of their authority to prosecute or hold court. If this foundation and basic rule of law is not strictly adhered to: You have a society without law, (anarchy).
Simply put: If the Government or any court violates any law, rules or regulations that give them the power to prosecute, or conduct a trial, they immediately lose that power; which is called in legal terms, they lose subject matter, or personal jurisdiction .
In the case of Treadway and thousands of cases like Treadway's; once the court violated the laws/rules or regulations which provides the judge his authority to hold court, and have jurisdiction over Treadway's charges, or Treadway; the court lost its authority and jurisdiction to continue to hold court.
In Treadway's case; (1) when Judge Todd issued an order removing Treadway's attorney, Agee, without anyone filing a motion with the court for Agee's removal, Judge Todd violated a rule of the court and the court lost its authority to continue to hold court. The case was over! (2) The same holds true when Judge Todd put on the record , and in his order which removed Treadway's attorney; that a hearing was held (meaning in court) when that was a complete lie . The court lost its authority. The case was over! (3) The same hold true when Judge Todd approved a replacement attorney for Treadway, without a motion filed with the court , for the replacement attorney to appear on Treadway's behalf. The court lost its authority and jurisdiction and the case was over . (4) The same holds true when Judge Todd allowed yet another attorney to represent Treadway that not only did not file a motion with the court to represent Treadway; Judge Todd never issued an order , or acceptance of this attorney to represent Treadway at all. The court lost its authority over Treadway, or the case against Treadway, and the case was over .
From the second that corrupt Judge Todd issued that invalid order the court lost its jurisdiction over Treadway or any further proceedings in the Treadway matter.
The aforestated is the only way it can be: For it to be ANY OTHER way is to have no justice at all; and the United States is now a dictatorship .
We Are "Very Near" A Dictatorship
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Treadway's case is only one of thousands of similar cases in which at least 400,000 innocent people (see Proposed Constitutional Amendment) are in prisons or on parole across our country.
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