Sunday, September 22, 2019

My Latest Email to the DA's Office re False Restraining Order Absurdity


DA case, court date.
Haviva von Martinitz <countessprague@gmail.com>
4:35 PM (2 minutes ago)
to Richard, PD, ....
Dear Inspector Decker, et al:
Premise:
Please notify DA, Wagstaffe that I am available to him to go to court for an initial hearing on the contempt charge to the extended R.O. I will require representation from the Private Defender Program to accompany me to that hearing.
Constitution of United States of America 1789 (rev. 1992)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
***************************************************
As Newport Beach criminal defense attorney John Murray explains, "Unlike many other states...California not only allows a person who is affected by an unlawful order to challenge the order's validity while he/she nevertheless complies with the order but also allows an individual to disobey the order and raise his/her concerns at the time when the court attempts to punish that disobedience."
"If he has correctly assessed his legal position, and it is therefore finally determined that the order was issued without or in excess of jurisdiction, his violation of such void order constitutes no punishable wrong."10 "If, however, the final judicial determination is otherwise he may be punished."
Commentary and further information:
What I have trouble with is the hypocrisy of this thing. The people who are playing the roles of those dispensing the law are using brutal criminal methods to get their way. I did nothing wrong, yet they do such brutal, mind terrorizing criminal acts that they could get long prison sentences. I have trouble obeying faux law for their personal gain of keeping me restrained. They have only gotten away with it because they have made certain they have all the advantages. Brut force. They know enough law to effectively abuse it. What makes them better than me? I do not break the law! I have been beaten up no matter what I did, so has Dr. L, who was used as a pawn in this matter.
The people in this matter who presume to pass judgment, execute the law and punishment are criminals. The "law" they implement has been pulled out of their criminal imaginations. No American citizen is required to follow it. They are Mafia wanna be's and cowardly school yard bullies. They are not representing the law of MY country, the USA! I follow the laws of my country, not their terrorism! Find REAL LAW and I will obey it, not the laws of criminals.
If we allow these TRAITORS to our country's legal and justice systems to keep ABUSING it through the victimization of the fabric of this country, is to condone it! This has NOT been a fun game of keeping a person suspended between reality and fiction! It has been laced with such brutal corruption and confusion that it may be called torture. When a person has no equal footing in a matter, it destroys what an individual knows and holds as truth, it shakes the foundation of a belief system when corruption has been accepted and allowed to flourish unquestioned as normal. When the downtrodden knows it is anything but normal it is gaslighting and torment. It is not as if a person is being asked to have faith in an invisible deity, these are laws upon we base our rights and freedoms! Those who have been purposely subjugated under false law are not criminals, they are victims of domestic terrorism! This entire matter has been a violation of civil rights, corruption of law and psychological manipulation. IT HAS NO STANDING IN THE LEGAL SYSTEM! It must be why Mr. Guasco felt he must use a smear campaign and other means to keep a victim/defendant from having a skilled legal professional, such as an attorney for representation. What has been done to me is a violation of the 6th Amendment of the Constitution! It is why Mr. Guasco and Judge Novak forced Charlie Smith IV upon me, they did not want to be in violation (on paper) of the sixth Amendment of the Constitution, but there is more to merely being an attorney, there must be a concerted effort by that attorney to actually help the defendant to have a fair trial, not just for show and to keep them quiet. In my case it was merely for compliance of the Sixth Amendment, but the fact is, that I could have had a mannequin do as effective a job as did that attorney forced upon me at the threat of my being jailed. It gave the correct appearance, but no substance. An attorney using the full power of the law, legal research and knowledge of the case details, would in a moment, discover the inherent fallacy of this entire case, bring it to a close and file criminal charges against the perpetrators .
Mr. Guasco said that he could use false evidence to keep me restrained forever and even cited a fictitious citation of a case (Collins...?) in order to prove his statement. Judge Chou said he was unfamiliar with that citation and wrote it down. I asked the law librarians at the San Mateo County Law Library if they would research that concept of using evidence over and over to keep a defendant forever restrained. They all thought it sounded baseless, absurd and illegal, but they researched it by name and concept anyway and could find nothing to support Mr. Guasco's claim. (I myself, was a San Mateo County Law Librarian and trust their opinion and research skills.) Mr. Guasco's desperate attempt at justifying keeping me forever restrained, was a psychological ploy to undermine my resolve and to make me feel despair and anguish. Mr. Guasco is so desperate to keep me restrained, that he feels no compunction in using fabricated case citations to the Court, or lying in court documents. I have witnessed this same type of nefarious behavior by him many times over. I also am concerned that there was no swearing in, or anything that resembled a normal trial that could extend the (false) restraining order. (My gut instinct said it was entirely a bogus trial.)
Since the DA is requesting a hearing in regard to my alleged contempt of court, I would ask that I have a trial date and an attorney from the Private Defender Program (Other than Charlie Smith IV) call me to discuss the case and meet. If I do not find the attorney to be effective, or helpful, I will request another until I do find one who will actually defend me. I want this process to be done in a civilized manner, not be blindsided. If the DA drops the trial and decides not to pursue the case, then the restraining order shall also be dismissed on the grounds that it was invalid, as I have already proven to you with the evidence I provided and the false evidence Mr. Guasco withheld, which was the basis of the extension. Instead of my being persecuted under false law, Mr. Guasco should be brought up on criminal charges for filing a frivolous restraining order and using Dr. L under fear of threat, reprisal and job loss, as Mr. Guasco's pawn. Dr. L had already refuted the entire restraining order against me in court, but it was ignored and I was sent to jail for false contempt charges anyway. He should not fear legal backlash for any part he may have played. Mr. Guasco also incorporates psychological methods via Serbian Psychiatrist, Marija M. Petrovic, who seems to have no compunction about pulling out all the stops with her covert style methods of psychology. I have no doubt that she exercised those methods against Dr. L. I have witnessed unusual behavior on his part when I was aware that Marija M. Petrovic was monitoring certain of my visits with him. I am well aware of her methods myself, since I was also her victim. She is merciless in her methods and appears uncaring as to the affects she has on her victims. She and Mr. Guasco have teamed up on my case. I know that because a handwriting expert said she was most likely the one who forged Dr. L's signature on multiple occasions, including when faxing documents to the court using Dr. L's fax machine at his San Rafael office, on his day away. It was a psychological means of giving the documents that were forged, gravitas, in order to prevent any question of validity, but I noticed and had it checked by an expert.
I look forward to the DA either holding a trial on this matter, and setting a court date, or acknowledging that the case is to be dropped due to it being false and lacking in merit. If the contempt charge has no merit, then the restraining order to which it was attached has no merit either and it (the restraining order case) must be dropped and expunged from my record. I would ask as well to have the blacklisting of myself, that I believe Mr. Guasco implemented removed. I also want to have the legal freedom to sue Mr. Guasco for the intentional infliction of emotional distress which he has done throughout the years of this false case.
I also think that it would be wise to look into why Judge Chou went along with a case that was so rife with criminality and if the signature on the final filed paperwork was indeed his, or a forgery. I am questioning the actual validity of the case at all. It seemed to be a "smoke and mirrors" extension case, but merely staged in a convincing court setting for the effect of realism.
The people involved in this "case" are anathema to the Court, the practice of law and the legal system in general. It needs to stop. It is illegal! Right now, Mr. Guasco is creating the same style of Hell for a defendant named Jeff .... in the Contra Costa County Court system. Mr. Guasco is using the same M.O. on Mr. **** that he used on me; it is terror based, not fact based. It is absolutely killing him. He has a brain damaged son who needs care 24/7 by Mr. ****, yet Mr. Guasco is threatening to jail Mr. **** under false law. It proves that Mr. Guasco has a template for railroading innocent victims. Mr. Guasco is a cancer that needs to be eradicated; his brand of law is undermining the entire system of law and justice. He needs to be brought up on criminal charges and stopped.
I look forward to a notice regarding a court date for my contempt charges and notification to the Private Defender Program, or if I should contact them using the case number on the criminal warrant that I never knew about, until a friend found it by chance in the online case portal/system.
My CORRECT address is:
Cheryl ***********************
Phone: ******
Alternate phone number: my renter,
My address I changed with the court and Mr. Guasco, a few years ago, but was not "for some reason" used in this contempt/warrant case/issuance. Perhaps "someone" wanted it hidden...so I could be surprised with it at a later date and look like a criminal and be thrown into jail. Sounds so like Mr. Guasco's style. Devious.
I look forward to hearing from the DA's office very soon. I will not turn myself in to the police Department, since it would not be understood for the full scope of the issue and would be thought of only as a warrant. My health and the nature of the falseness of the case, do not deserve that kind of treatment and probable jailing. I will not abide by more attacks on my health and my psychological well being. It would be barbaric and would only serve to assist in my claim of brutality under these false law circumstances and create more legal ammunition for me to use in a lawsuit. But, I only want justice and reasonable attitudes at this point. Those have been seriously lacking in this entire travesty of justice. Thank you.
Sincerely,
Cheryl Petrovich

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