calseal3.gif (18451 bytes)

State of California
Commission on Judicial Performance

scales.wmf (2902 bytes)


(Continued from Page 1)

COMPLAINT OF FRAUD, CONSPIRACY AND MALFEASANCE
AGAINST JUDGES
JAMES ROEDER AND LARRY GADDIS

Recused for cause, Placer County Superior Court Judge James L. Roeder and Presiding Judge Larry D. Gaddis secretly and illegally assisted county prosecutors to fraudulently obtain an appellate court ruling that would have sent me to prison and a certain death. 

On May 25, 2001, Placer County Judge James L. Roeder secretly and fraudulently ordered and/or directed the Clerk of the Superior Court Appellate Division, Placer County to process my misdemeanor appeal as a felony appeal, causing me to be wrongfully arrested, deprived of my medicine and subsequently labeled  a 'felony fugitive.'  It was James Roeder who increased, by direct appeal, my misdemeanor peyote button conviction and probation to a felony appeal, even though such an action is specifically excluded by statute.

An Extension Order sought by Diane Carroll, under declaration of perjury, was signed by Placer Superior Court Presiding Judge Larry D. Gaddis, confirming that Judge Roeder had ordered the appeal to be processed as a felony appeal notwithstanding that by law no such direct appeal of probation could be taken. 

Even worse, the appeal was signed and approved by both judges, well beyond the 60 day limit allowed for any appeal, since I was sentenced on March 2, 2001 and they did not approve the prosecutor's appeal until May 25, 2001.  All subsequent extensions of the appeal were based upon  an appeal that was neither lawful nor timely.

Such actions are clearly and strictly forbidden by California law, but Roeder and Gaddis engaged in these quasi- criminal acts, as documented by a sworn statement, dated June 15, 2001 and signed by Placer County Superior Appeals Court Clerk Diane Carroll and on June 18th 2001 by Larry D. Gaddis, Judge. 

Furthermore, if you examine this document you will see that Judge Gaddis unlawfully authorized and ordered an extension, and then blacked out his name. Once Gaddis blacked out his signature, no other judge ever signed to grant the Extension Order, proving that Gaddis deliberately granted, then attempted to hide his role in the unlawful conversion of the peoples unlawful and untimely review of probation into a felony appeal.

It is understandable that Gaddis would try to hide his involvement because both he and Judge Roeder had previously been removed from the case, for bias and prejudice, and were officially recused.  Clearly they were aware, as judges, that having been recused from a case they were disqualified from any and all participation in respect of my case.  Unfortunately
that didn't stop Roeder and Gaddis and it was their signatures that made me a 'felony fugitive' and resulted in me being jailed and deprived of my medical cannabis, something doctors on both sides of the border have said, under oath, could kill me.

Another sworn statement by a court reporter named Judy Boucree, filed less than a month earlier on May 21, 2001, further incriminates both judges.  In that document, Ms. Boucree reminds the judges and her immediate superior Executive Officer and Clerk, A. Young, "This appeal was originally going to Superior Court as it IS a MISDEMEANOR APPEAL." (Emphasis added)

In an August 26, 2005 letter to the Honourable Joe Volpe, Canadian Immigration Minister, by my wife, Michele Kubby, explained how the actions of Roeder and Gaddis resulted in Canadian authorities being duped into believing I was a felony fugitive and ordering me arrested.

"The consequences for my husband from this one fraudulent act, were devastating.  As you can see from the next piece of evidence, (Exhibit L), the State of California, Court of Appeal Third Appellate District, proceeded with Steve’s appeal as though it were a felony.  When an appeal proceeds as a felony appeal, the defendant must be present.  Since Steve had left for Canada, with the permission of the court, to pursue our video production business in Canada, he was not present and therefore was labeled a felony fugitive by the Appeal Court.  This, of course, is the information authorities in California gave to Immigration in 2002, which caused them to arrest my husband, deprive him of the medicine he uses with the blessings of the MMAR program through Health Canada, and throw him in jail for four days.  This caused long term damage that we are still attempting to heal today."

My wife also explained to the Immigration Minister that Dr. Joseph M. Connors, Chair, Lymphoma Tumor Group and Chair, Research Ethics Board at the BC Cancer Agency, Vancouver, testified under oath that because of the explosive and unpredictable nature of my adrenal cancer, I am at high risk of suffering a heart attack, stroke or seizure if deprived of medical marijuana for more than 24 hours.

In a brief presented before Judge Cosgrove on August 22, 2005, my attorney, Bill McPike, explained to the court that the felony appeal was illegal and filed late.  Mr. McPike even charged that Placer County District Attorney Brad Fenocchio was fully aware that his office followed the wrong appellate procedure in 2001.

“(I)t must be presumed that the People were fully cognizant of their position, rights and obligations both in respect to the Criminal Law and the Rules of Professional Responsibility as those rules relate to prosecutors in governmental service,” McPike asserts. “The factual situation is that the Court of Appeal would not have rendered any judgment had it not been imposed upon to act contrary to statute.”

At that hearing, Mr. McPike called the prosecutor's appeal “a collateral attack on probation."  California law precludes such an appeal process and requires prosecutors to file a writ in order to review a probation order whether or not a custodial sentence has been imposed. 

Mr. McPike has also filed a writ of error coram nobis that charges that in its 1999 Statement of Probable Cause, Placer County authorities used a purported DEA report identifying journalist Pete Brady as a Jamaican drug smuggler. Brady, who was observed visiting our home during a six-month investigation, later attempted to obtain a copy of the N.A.D.I.S. report, but was informed that no such report existed. Placer County authorities have never furnished a copy of the alleged report, nor have they ever denied the allegations of fraud.

To our dismay, Judge John L. Cosgrove refused to grant our motion, insisting that I was a felony fugitive, that I had to be in custody in order to have my complaint heard, and that jurisdiction to entertain the writ was vested in the Third Appellate Division. 

I must add that even the misdemeanor convictions for mescaline and psylocin are fraudulent, since both of these controlled substances were never possessed by me, but were extracted by a police chemist from some tiny peyote cactus buttons left by a guest and a mushroom stem used as an exhibit in a published book that was written by me.

Only because of the diligent work of our investigators, were we finally able to uncover how the arresting officer and prosecutor concocted evidence to get their search warrant.  Next we find out that their bogus appeal, that they said made me an alleged 'felony fugitive,' was a fraud. 
Now we learn that two disqualified judges snuck back into this case in order to illegally and willfully harm me and the medical marijuana movement. 

How can anyone possibly have any confidence in the Placer County sheriff, district attorney or judges after such fraudulent and criminal actions have been uncovered at every level of the Placer County criminal justice system?

Despite this compelling evidence of  judicial fraud, conspiracy and malfeasance, and despite my best efforts to inform the Court of  this evidence
, Judge Cosgrove insists that I remain a felony fugitive, with a bailless warrant that he issued, still out for me in California.

In view of what was done to me by these judges and considering the futile battle I have faced to clear my good name
, I would like to ask this Commission if  the Law is now subordinate to the whims, fancies, bias, and prejudice of  judges who violate their oath to uphold the Constitution of the State of California?