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CDAA Conduct

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 By Michael Miller

11/20/2014  8:13AM

Check the website heading “NEWS” for a recent front page article about CDAA. The criminal actions of Gayle Filter and his followers continue to draw front page attention. What happened to the Sixteen to One came close to breaking the Company. A mixture of some great ethical lawyers put time into our defense. Until our important and vital members of the judicial branch of the three divisions established in the federal constitution and defined in each state constitution, rules, statutes and laws wake up, the crimes perpetrated by a few lawyers and judges will continue to hold Americans hostage.

Interestingly attempts to draw attention to this serious problem never rest. Case No. S219052 in the Supreme Court of the State of California is about a case similar to the CDAA prosecution of us. We were contacted to join California Aware to file Amicus Curiae Brief in support of respondent, the City of Montebello. The Court of Appeal Case No. is B245959. Los Angeles County Superior Court Case No. is BC488767, The Honorable Rolf Treu.
 By bluejay

05/14/2014  9:19PM

Considering the story below, the CDAA should be locked up, all of them.


Editor's note: Catch the Latest Happenings with Kitco Video News!

In numbers: Life-threatening work all over the world: Mining's death toll
Guardian (UK)
By John Vidal
Thursday May 15, 2014 12:00 AM
Mining is one of the most hazardous jobs. There are few reliable figures but unions estimate that about 10 million people dig for a living and 12,000 may die every year from roof falls, explosions, fires, flooding and other underground and surface accidents.

There is even less reliable data on the injuries incurred by miners but tens of thousands of people have their health damaged every year from conditions such as pneumoconiosis, hearing loss and the effects of vibration, says the Geneva -based global union IndustriALL, which represents 50 million workers in 140 countries in the mining and energy sectors.

Most fatal mining accidents now occur in the "informal" sector, where poor people, mainly in developing countries, dig for gold or other minerals with few resources. Their deaths and injuries are seldom recorded, says the UN's International Labour Organisation .

"Worldwide, there are fewer accidents now in the formal sector than there were 10 years ago, but some countries still do not systematically record and report their performance. At the same time, the informal mining sector is still rife with accidents and health hazards," said Martin Hahn , ILO mining specialist.

China , which mines one-third of the world's coal and employs nearly half the world's miners, has the worst record for accidents. According to the central government, 1,049 Chinese died in mine accidents in 2013, a 24% decrease on 2012 and a fraction of the 7,000 or more who died in 2003. However, human rights groups caution that the latest figures may be significantly higher due to under-reporting by unregulated mining companies.

Most of the major accidents in recent years have been in private as opposed to state mines. At least 104 people died in 2009 in an accident in Heilongjiang .

Turkey is renowned for its coal mining accidents, says IndustriALL. "In 73 years more than 3,000 miners have been killed in Turkey . Every death in a mine is avoidable," said IndustriAll. In 1992, 270 men died in an accident in Zonguldak province.

But research from China , India and Europe suggests that mining is indirectly responsible for hundreds of thousands of premature deaths every year.

A 2011 study by a US air pollution expert suggested that emissions from coal plants in China were responsible for 250,000 deaths in 2011. A similar study of 111 major Indian coal plants by a former head of the World Bank's pollution division, calculated that coal power plants were responsible for 80,000-120,000 premature deaths and 20m new asthma cases in India . Both studies were commissioned by Greenpeace .

"Hundreds of thousands of lives could be saved, and millions of asthma attacks, heart attacks, hospitalisations, lost workdays and associated costs to society could be avoided, with the use of cleaner fuels, [and] stricter emission standards and the installation and use of the technologies required to achieve substantial reductions in these pollutants," said the report.

A third study from Stuttgart university in Germany in 2013 estimated that air pollution from Europe's 300 largest coal power stations caused 22,300 premature deaths a year and cost governments billions of pounds in disease treatment and lost working days.

10 million

The estimated number of people in the world who mine for a living, of whom 12,000 die in accidents every year

1,049

The number of Chinese miners killed in 2013, according to the government, compared with 7,000 dead in 2003

3,000

The number of Turkish miners killed in accidents in the past 73 years, including 270 in an accident in 1992

250,000

The number of premature deaths in China attributed to emissions from coal plants, according to a study

(c) 2014 Guardian Newspapers Limited.
 By Michael Miller

01/25/2014  3:15PM

A while ago I wrote the following and placed it somewhere on the web site. If public pressure could change the ethics displayed the past thirty years in our judicial profession, it would have happened. Remember all the lawyer jokes? Heard no more yet the ethical failures still are occurring. California State Bar has an abundance of members yet universities and colleges continue to graduate more young idealists or predators and give them a license to practice. Improvement won’t come until the lawyers themselves clean up their industry. It is no different from banking or mining industries.




IT’S AGAINST THE LAW TO MISLEAD A GRAND JURY OR A JUDGE

The July 2005 issue of “California’s Lawyer” features a story written by Eric Berkowitz headlined, “Why I Stopped Litigating After 20 Years”. Upon receiving the magazine and after reading the letters to the editor, I went right for this story. It is about a lawyer who discontinued his practice of civil litigation and participation in the Judicial Branch of California’s government. The lawyer decided to retain his shingle but entered University of Southern California to study journalism.

He writes, “Instead of indulging in introspection, I worked harder. There were still times when what happened in the court (both good and bad) seemed random, and lawyers and parties routinely lied, but I learned to accept those frustrations as part of the Real World over which I was gaining mastery.” Here are statements from someone who does not know the Sixteen to One mine or me. He clearly writes that lawyers lie in the Superior Courts of California. I knew it to be true in Sierra County, and I suspected it was true in other counties as well. Think about his statement. Lawyers are routinely lying to the judge! Could Mister Berkowitz qualify in a civil trial as an expert witness to testify that the California District Attorney Association pack is courtroom liars? Could his opinion reach the jurors? Of course.

A lie is intended to shield the truth or mislead the Court. If its effect will mislead the Court, it is an unlawful act. It breaks a California law regarding those members of the California State Bar, who appear in the courtroom. “Lawyers and parties routinely lied” is an indictment of perjury. Mister Berkowitz continues, “Rather than hiding harmful information from a court or jury, I will focus on showing all sides of an issue”. Wow. Couple this admission of his past behavior as a lawyer as hiding exculpatory evidence (harmful information to his client) and his witnessing routinely lying lawyers in the courtroom. He or other lawyers may pass the “smell test” lawfully, ethically and professionally. In Miller v Filter as the case develops, testimony will be given that the behaviors of the defendants fit the indictment of Mister Berkowitz. They will not pass the “smell test”. Maybe lawyers should be unchallenged in lying to each other over the phones or anywhere, anywhere that is except the courtroom. Maybe their clients expect and demand that of them. But in Sierra County the client of the five defendants is the people. The people expect the truth. The harmful evidences with held both from the grand jury and the courtroom were exculpatory or a lie. The notion of harm was to themselves not their client (the people). The people suffered revenue and other social benefits because of the behavior of attorney Gale Filter, Kyle Hedum, Anthony Patchett and Denise Mejlszenkier.

This magazine is supposed to reach many of the 200,000 California’s lawyers. The Original Sixteen to One Mine web site probably is read by only a couple of dozen. More of California lawyers should evaluate the “smell test” in their profession and even take a position: suborn perjury or cleanse the courtroom. A by-product of great social benefit from our lawsuit will be ‘collateral good’. The more lawyers who see the illegal, unethical and unprofessional behavior of the five defendants, the more hastened the rebuilding of trust between the public and those who enter our courtrooms to argue civil or criminal disputes. When lawyers either see that California will disbar or suspend lawyers for failures within Rules of the Court and for violations of the Penal Code, they may rise to the occasion and change their ways about perjury in a courtroom or misleading the judge. If they are not presented with the opportunity, the public will never know. Help spread the challenge.

...

 

  
 
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