NOTE: The following plea for help was sent by USPS, date unknown.
NOTE: Not a single recipient of this communication responded.
NOTE: I need to make it clear that Captain Attila Denes does not have jurisdiction in Adams County or any other county in Colorado other than Douglas County. He was provided a copy because I knew he cared as a friend. He was a “witness”.
Please Help Me… Please
[In re 10CR3690/11CA212]
An Exact copy of this statement is being sent to Iris Eytan c/o Reilly Pozner, LLP; Captain Attila Denes c/o Douglas County Sheriff Office; Agent Jason Malin c/o FBI; and, Ron Dudley c/o Practical Heart and The City of Santa Cruz, Social Services, California.
Jan 3, 2011 I will have been in jail for one-year fighting this case. For the past year I have asked Public Defender Cathlin Matson, Alternative Defense Counsel Rick Hernandez, Alternative Defense Counsel Fran Simonet and Advisory Counsel Raymond Joachim [Benedict Arnold – see below] for the following to aid in my defense yet in 365 Days each has failed to:
- Get receipts from Budget Suites, I-15 and Tropicana, showing I was outside jurisdiction of Colorado 11/23/2010 to 01/04/2011 [my arrest date] in Las Vegas, NV.
- AT&T cell phone records 415.[123.1234] to prove when I did and did not call in re 10CR3690 [The District Attorney never did because they knew the call never happened].
- Inform me with specifity as to the nature of the charge against me.
NOTE: The reason for number three above is because each time my defense attorney changed including my own rotation combined with the fact Chief Judge Phelps and Judge Popovich played “musical chairs” I could never get the charge with specificity written upon official Adams County District Court paper work, besides the transcripts.
On November 16, 2011, the day of my trial Fran Simonet removed herself from my case. On this day the [proven false] victim in 10CR3690 [John Anthony Stipech] was not scheduled to testify. I was forced to become my own attorney for standing [UP] for my rights and asserting defenses. I have always asserted my rights to counsel not waiving my rights.
Ray Joachim was assigned on December 7, 2011, and he is worthless – Benedict Arnold. On December 22, 2011, Joachim introduced me to Stacy who is the third investigator on this case. On this date in addition to (1), (2) [and] (3) reverse side I asked Stacy to get the name of an IT person for the phone system at [Westminster] City Hall in re technology questions (e.g., recordings, caller ID, et seq).
On December 31, 2011, Stacy vistited defendant at ACDF and gave limited information on the phone system and when [Billy bob Bramscher] asked who Stacy spoke to in re phone system she responded Detective Infranca – who filed the false charge against and lied fourteen (14) times on the Affidavit. WTF? Are you kidding me? Why is my investigator asking Infranca (The Dirty Cop) questions in re my affirmative defense strategies in an area Infranca is not an expert-in. Why is the defense investigator talking to Infranca at all when investigator [Stacy] and Joachim are aware the defendant filed a motion to suppress arrest warrant – “Franks Hearing”. Stacy still did not have receipts from Las Vegas although she had a bunch of excuses.
Since August of 2011, defendant has also requested a Bill of Particulars and it is still not granted. Since August of 2011 [Billy bob Bramscher] has requested audio and transcripts from Preliminary Hearing [held 158 days after requested] and although the court approved costs, Popovich ordered “The court will review the specific amount requested by [Billy bob Bramscher] upon submission of invoice”.
How do I get that? I am in jail. Joachim is not helping!!
NOTE: I was given a copy of the Preliminary Hearing directly in court on February 6, 2012, the last day of trial and was unable to utilize the recorded hearing to impeach witnesses Rosanna Minjarez or John Stipech and this was done with purposeful, negligent, willful and wanton prejudice, discrimination, and disregard for the safety and rights of Billy bob Bramscher.
Do you know I have trial on 01/30/2011 and I am forced to being my own attorney and I still, 365 days [incarcerated], do not know what I am charged with in violation of the Sixth and Fourteenth Amenments USC!!!
All the Arrest Warrant says is:
“commit the crime of retaliation against a judge, as that crime is defined by C.R.S. 18-18-615 [no statute is on the books in Colorado], and as further set forth in the the complaint attached hereto and made a part hereof.”
All the Complaint and Information says is:
“knowingly, as retaliation” “committed an act of harassment against [or upon] John Stipech, the judge; in violation of section 18-8-615, C.R.S.”
Both phrases “Retaliation Against a Judge” and “Act of Harassment” are unconstitutionally overbroad and encompass protected communication” (see e.g., Colorado Supreme Court People v Hickman, 988 P2d 628 (Colo 1999) and “vague lays are unconstitutional because they offend due process” (Colorado Supreme Court People v Baer, 973 P2d 1225 (Colo 1999)).
The Complaint and Information as charged fails to invoke jurisdiction of the court (see e.g., Colorado Supreme Court People v Williams, 984 P2d 56 (Colo 1999) in re “an information that fails to charge an essential element of an offense is substantially defective,” Id at 60); Hamling v United States, 418 US 87, 117, 41 L Ed 2d 590, 94 S Ct 2887 (1974); see also, Robert J Dieter, Colorado Criminal Practice and Procedure 2.10, at 114 (1996).
In addition, the Mens Rea alleged is “knowingly” completely incorrect because “Retaliation” by definition is a “specific intentional” conduct offense (see Adams County District Court No 02CR3167, Court of Appeals Division Two, People v McIntier, 134 P3d 467 (Colo App 2005) citing Hickman, supra, in re “the defendant intended the threat or conduct”).
On 10/21/11 the charge against was amended to included C.R.S. 18-8-615 “An Act of Harassment” defined by 18-9-111(1)(e) Telephone Harassment which also requires a Mens rea of “subjective intent” (see e.g., COA 3rd Cir United States v Lampley, 573 F2d 783, 10/04/1977; United States v Tobin (2009, CA1 NH) 552 F3d 29). I have yet to see the amended charge on paper, so again, I have been in Jail 365 days unaware of the Nature and Cause [or the accusation].
I sent a complaint petition in re Richard Infranca to Internal Affairs [Westminster Police Department] but Infranca got it some how and sent a copy to the DA.
On 10/25/2011 my bond was supposed to be $5,000 USD cash and 30,000 PR (Eight Amendment violation] but since I asked Joachim to get me out if I had the money the bond was manipulated by Judge Popovich back to co-sign $30,000 so I cannot get out.
Please Help Me!!! I am a victim of First Amendment Retaliation and a malicious and vindictive false arrest and prosecution. Somebody Please Help – I am begging you!!
GONZO: The truth is never far! I have an internal email dated January 10, 2010 involving Advisory Counsel Raymond Joachim and Investigator Stacy DeShazer:
So in the above evidence my four favorite WTF moments are:
- What right does Stacy DeShazer to make the statement, “I know the judge won’t let it in because it is not going to be relevant.” WTF??? Jurisdiction of the Cause is a huge issue and since the Westminster Police Department, Adams County/District Courts, the Colorado Supreme Court and the Federal Bureau of Investigation (FBI) had already denied this fact the issue going into trial for for the “fact finder” or jury of my peers in re jurisdiction.
- Carol Barnhardt was supposed to be a witness against me and her causal conversation with the “enemy” blew me away. Carol Barnhardt, who appeared on the Victim’s Impact Statement, although not listed as a victim in 10CR3690, was the prosecutions main witness against yours truly, Billy bob Bramscher. Alternative Defense Counsel Fran Simonet actually had her worthless investigator interview Carol Barnhardt and sum ten (ten) pages of liable were documented. I got Carol Barnhardt thrown out as a witness cause she was on vacation 11/29/10 and she had no personal knowledge of the single-act interstate phone call Rosanna Minjarez falsely accused Billy bob Bramscher of – which never happened as proven at my jury trial. I promise an entire blog dedicated to Carol Barnhardt, Westminster Court Administrator in the near future!!!
- “I attempted to speak to someone in IT and the city attorney called me back instead and it sounds like they are not going to speak with me.” WTF??? That is why is called a subpoena!!!
- I had to SUBPOENA THE VICTIM – John Anthony Stipech??? “Also, I asked Carol if we had a sub [subpoena] for the judge, how would be the best way to get it to him and he told her to have us just mail it.” WTF???
GONZO: The truth is never far… I have an internal email dated December 09, 2009 involving Detective Jim Wollack, Westminster Police, Colorado and Carol Barnhardt, Court Administrator, Westminster Municipal Court, Colorado and it is a quantum of evidence that not only was I engaged and activated the “Petitioning Clause” of the United States Federal Constitution, If I was in Las Vegas I would say “JACKPOT” as this “peace” of paper proves the conspiracy against as well:
NOTE: I posted this on my Facebook page last night because it proves the discontent, retaliation, evil and horrible manners with which I have been treated.
As I have written previously, “I am the victim of a ‘War of Attrition’ and truly thankful I was well versed on The Art of War by Sun Tzu.
01/30/2012: Trial started on January 30, 2012 ending on February 6, 2012 and as my own lawyer (pro se) I was found “NOT GUILTY” by a jury of my peers. At this time, I was charged with C.R.S. 18-8-615 via 18-9-111(1)(e) and the mens rea was changed to “Specific Intent” instead of “Knowingly” as incorrectly alleged for over thirteen (13) months.
In my jury trial, the Defendant’s Theory of Defense, provided to the Jury:
“It is the Defendant’s theory of defense that the prosecution of this case was based upon retaliation by the City of Westminster. The Defendant contends that he was exercising his First Amendment rights of free speech and to redress grievances he had with the City of Westminster and that this prosecution is based on bad-faith investigation, legal harassment and retaliation against him Defendant for exercising his First Amendment Rights.”
I am Billy bob Bramscher and I am a victim of bullying, bad-faith investigation, vindictive prosecution, malicious prosecution, First Amendment Retaliation and Civil Rights violations by the City of Westminster, Westminster Police Department, Westminster Municipal Court, Adams County/District Court, Adams County District Attorney, Colorado Public Defender/Alternative Defense Counsel.
~Billy bob Bramscher