Sunday, September 19, 2010

Richard I. Fine Is Free: Result of Judicial Conscience or Confusion?

JDr. Richard I Fine, Court Critic
Former U. S. Prosecutor, Dept. of Justice Washington D.C.


Los Angeles, CA -- On Friday, September 17, 2010 at 10 p.m. Richard I Fine was released from his solitary "coercive confinement" cell in L A County Mens Central jail where he spent the last 18 months. He was unexpectedly released by Order of California Superior Court Judge David P. Yaffe who had just posted a Minute Order on September 16, 2010, one day before, where he restated that Fine should continue incarceration, setting a hearing date for six months in the future. Although Richard Fine was never charged with a crime or convicted he was incarcerated after attempting to disqualify Judge Yaffe from sitting on his civil contempt of court case due to a conflict of interest.


Yom Kippur Turn-Around?:

Why would Judge Yaffe reverse himself the very next day on September 17th on Kol Nidre, the first day of Yom Kippur, the Day of Atonement in the Jewish religion. Judge Yaffe apparently had a change of heart, issuing an Order that Sheriff Baca release Dr. Richard Fine from jail. It should be noted that the U.S. Supreme Court precedent in the 1974 case of L.A. Times reporter William T. Farr (In Re Farr) held that a person should not be held for more five days in “Coercive Confinement” for civil contempt of court. Was this the reason Judge Yaffe had a change of heart?

Yaffe Explains His Confusion:

Judge Yaffe took pains to explain his frustration in his September 17, 2010 Minute Order releasing Dr. Fine from jail:


“For reasons known only to himself, Fine is attempting to obtain his release from this court and from the appellate court at the same time. He filed a motion for such relief in this court, and then, before it could be heard, he requested the same relief from the Court of Appeal. It is unclear what he expects this court to do in light of his petition to a higher court.”


Full Disclosure contacted Dr. Fine By Telephone For Response:

“Judge Yaffe was confused because he could not determine the difference between a Writ of Habeas Corpus filed in the Appellate Court to obtain my release and a Motion filed in his court to Void and Annul All Orders and Judgments in the (case of) Marina Strand Colony II Homeowners Assn. Vs. L A County .”


Editors Note: View the document here that was before Judge Yaffe (Notice of Motion to Null & Void All Orders in the Marina Strand Colony II vs County of Los Angeles) No. BS109420 Richard Fine's Motion is based upon the court documents filed with the higher courts by Yaffe and his lawyer Kevin McCormick which he has now admitted were based on false information and a non-existent court order. These documents were filed in opposition to releasing Richard I. Fine from jail.


Judge Yaffe Admitted Taking Payments From LA County

Judge Yaffe had admitted in court testimony that he was receiving illegal payments from L. A County who was a party to the case. In 2008 the Sturgeon vs County of Los Angeles case held that the County payments to State Judges was illegal and unconstitutional. It has been estimated that State Superior Court Judges have received over $300 million in illegal payments from the County since 1987 and have failed to disclose this fact to litigants in the courtroom.


On October 13, 2010 the Fourth District Califorinia Court of Appeal will hold Oral Arguements in the Sturgeon vs County of LA case where the Judicial Watch organization is seeking Injunctive Relief to stop the illegal County payments to State Judges that are now $57,000 per judge per year on top of their State Salary of $180,000. These developments have caused considerable tension within the Superior Court and Judge David Yaffe especially regarding the handling of the Richard I Fine case. The announcement a few weeks ago that Yaffe was going to retire in November before his term of office was to expire led to speculation that Yaffe was "resigning" rather than retiring from office.



Why Did Judge Yaffe Reconsider Fine's “Coercive Confinement”

When writing his release Order, Judge Yaffe questioned “whether Fine’s continued confinement serves any useful purpose.” He went on to justify his original Contempt Order and indefinite sentence of Dr. Fine with the following statement:

“By keeping him incarcerated for 18 months, the court has deterred others from defying its orders to the extent that it is possible to do so given the facts of this case.” Judge David P. Yaffe

Read Entire Order Here



Opinion Survey: Leave your answers in the comment section at bottom of page:

Should the Court punish lawyers who raise the issue of Judicial conflict?

Yes or No?


Is this why only 3 succesful lawsuits against LA County in 10 years?

Yes or No ?


Does Yaffe's Statement Indicate Retaliation Against Fine?

Yes or No ?


Should Lawsuits against L A County be Prohibited Entirely ?

Yes or No?


State Superior Court Judge David P. Yaffe

Resigned From Office Effective November 1, 2010



Judicial Obstruction of Justice Prosecution Demanded

Richard Fine submitted a September 3, 2010 letter to California Attorney General Edmund G. (Jerry) Brown, Jr., Los Angeles District Attorney Steve Cooley, U. S. Attorney Andre Birotte, Jr., and U.S. Attorney General Eric Holder requesting Grand Jury Investigations and Indictments of Yaffe and 21 other State and Federal Court Judges.



The Concluding Statement Of Richard Fine's Investigation Demand 9-23-10:

“Since the judiciary has clearly shown itself both incapable and unwilling to root out the corruption within its ranks, the responsibility falls upon each of you as the respective leaders of our law enforcement agencies to prosecute the wrongdoers. Rid our Federal, State and Municipal Governments of corrupt politicians and remove all corrupt judges from office.”

“At the present time, our judiciary is akin to one which has been ‘purchased’ by the cartels in Mexico or subject to the corruption in Iraq, Iran or Afghanistan.”

“The State trial court judges in LA County have been ‘purchased’ over the last 23 years for $300 million. Judge Yaffe has been ‘purchased’ for $500,000. Ninety percent of the California trial judges in 55 of the 58 counties have been ‘purchased.’ The federal judiciary, up through the U.S. Supreme Court, has been complicit and has allowed this to happen, irrespective of all Supreme Court precedent forbidding such.”

“I have provided you the facts to start your grand juries. As a former Justice Department lawyer who indicted GM and Ford for price fixing and investigated international pulp, paper and newsprint cartels through the use of grand juries, I have complete confidence that, with a concerted effort, each of you will be successful.”

“Once that success is achieved, the United States will again have the finest judicial system in the world.” View Entire Document Here


# # # # #

13 comments:

  1. The case of Richard Fine is as clear to see as the nose on your face. Fine's assertions are all true and the the court's positions are all based on self service. Yes, Fine's incarceration was obviously an act of wanton retailiation against Fine and clearly a display of the court's omnipotence in its ability to abuse power. Every citizen's outrage should continue until reparation's for Fine's ordeal have been satisfied and further until reparations to California's citizens have as well.

    ReplyDelete
  2. I am so happy that Dr. Fine is free! And I hope this case will serve as an example to the judiciary that it is WRONG to keep someone locked up for 18 months for contempt of court! Yaffe should be put in full shackles and left in solitary for 3 years for what he has done. This is not Russia; LA County Jail is not a gulag. Dr. Fine has my sympathy!

    ReplyDelete
  3. Should the Court punish lawyers who raise the issue of Judicial conflict?
    Yes or No? No.

    Is this why only 3 successful lawsuits against LA County in 10 years?
    Yes or No ? Yes.

    Does Yaffe's Statement Indicate Retaliation Against Fine?
    Yes or No ? Yes

    Should Lawsuits against L A County be Prohibited Entirely ?
    Yes or No?

    LaFarge

    ReplyDelete
  4. Lawyers should not be punished for raising issues of judicial conflict. In fact as soon as such an issue is raised the judge has a moral obligation to remove himself immediately from the case.

    Herr Reichsjudge Jaffee seems to argue that by meting out severe and unconstitutional incarceration to Fine he has protected the integrity of the court. Nothing could be farther from the truth, or a clearer evidence of his complete unfitness for any Constitutional office, or any position that demands impartiality. It is clear Jaffee was personally offended by fine and misused his office and the facilities of Los Angeles County to punish Fine for personally offending him. It is outrageous that no appellate court had the integrity to slap Jaffee's hands and make him behave to at least the minimal standards of a gentleman, let alone a Judge entrusted with the unbiased evenhanded dispensation of justice.

    Why has almost no case against LA County been won? Quite clearly because the majority of LA judges are on the take, pure, simple and clear as clean glass. It would make Raymond Chandlers head spin.

    Should cases against the county be allowed? Absolutely, but only in Ventura or Orange County.in fact no case involving the County or any member of the Board of Supervisors or their corrupt stafflings should be heard in the county where that Board of Supervisors holds sway over the courts.

    We still need Judicial reform in this State and with Fine out of jail there is less of an organizing rallying point, but we need to bring down this house of corruption.

    ReplyDelete
  5. But, now we're faced with the realization that the rest of the court system is just as corrupt, if not more so, for conspiring with Yaffe to commit crimes against the people of California, and our constitutional rights, which they all took an oath to defend. This is just the beginning of the end, of the judicial Mafia that has plagued California for the past 2o or more years. There are still innocent people being held in jail from the Rampart scandal of the 90's, yet nothing's being done to correct that major malfunction in California's judicial cesspool.

    ReplyDelete
  6. Congratulations! It sounds as if Richard Fine is a true hero to whom we all owe a huge debt of gratitude. An inspiration to us all! And we also owe thanks to Full Disclosure Network for all their active support all these months. Hip, Hip, Hooray! And now let's see what more victories for justice will be coming as a result of these intrepid efforts. Do we dare take this as a sign that the wrong way everything seems to have been going in this benighted nation is about to be reversed?

    ReplyDelete
  7. Congratulations! It sounds as if Richard Fine is a true hero to whom we all owe a huge debt of gratitude. An inspiration to us all! And we also owe thanks to Full Disclosure Network for all their active support all these months. Hip, Hip, Hooray! And now let's see what more victories for justice will be coming as a result of these intrepid efforts. Do we dare take this as a sign that the wrong way everything seems to have been going in this benighted nation is about to be reversed?

    ReplyDelete
  8. Dr. Fine lets get you into politics ASAP; I call it the N. Mendel la syndrome and this is exactly the kind of incorruptible s we need in the legislature or in contaminate position

    Eugene Ellis Esq.
    work 7 days a week, age 72
    mrdui.com

    ReplyDelete
  9. Quite interesting all our judges to we hold in trust, be held at a higher standard, as they have truly a far greater impact on society at large, but as we see time and time again the worst punishment received is a premature retirement or removal from office whereas the common citizen would surely go to Federal Prison for the same criminal activity.
    Wake Up America
    God Bless Richard Fine !

    ReplyDelete
  10. We have the same mess all over and in Alaska I aim to clean it up...Richard I hope you organize a national movement (like I did with Sui Juris Court Angels) as a vehicle for all working on common goals to join in as doers to stand up and send the message to our elected...NO MORE!!! http://www.myfoxny.com/dpp/news/international/russian-lawmakers-consider-branding-hands-of-corrupt-officials Peace...Birdman^j^

    ReplyDelete
  11. Yaffe is an a##hole, plain and simple.

    ReplyDelete
  12. Thanks be to the Lord Jesus Christ...Richard Fine is free!

    Now to the next order of business: "Judge" Yaffe to be indicted, convicted, and imprisoned for his crimes. The American people are through putting up with corruption in government.

    ReplyDelete