PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE – State of Texas Free Masons vrs. Fr. Christopher Terry, o.p, ANTI CATHOLIC HATE CRIME!

THERE WILL BE A PRESS CONFERENCE ON THE STEPS OF THE SAN JACINTO COUNTY COURT HOUSE AT 10:00 A.M. BY FR. CHRISTOPHER TERRY, ORDER OF PREACHERS

I, FATHER  CHRISTOPHER TERRY, ORDER OF PREACHERS, urge all patriotic Americans,  especially  Catholics: Do YOUR  SACRED  Duty!  As Brave and Free American Citizens  to preserve and to safe guard our most beloved and blessed Country,  Defend your Constitutional God Given Rights in my Cause No. 2016-215!   For whenever and where ever THE BELOW  judicial and police agents of anti – American. anti -Human,  anti Catholic, anti-Life, anti-Liberty, and anti-Property secret societies; the Free Masons and Illuminati violate any one American’s Constitutional  Rights “under Color of Law”  through systemic government and police corruption, maliciously prosecuting any one American Citizen, via obstructing justice, and bearing false witness conspiring to falsely imprison him or her through a truly “criminal” justice court system “Under Color of Law,” Every American’s God Given Rights in that same moment is violated !  I urge  on All!   All my fellow Americans and all my brothers and sisters in Christ,  not for my own sake, but for yours and your families’  to Defend The Universal Church and maintain OUR God Given Rights,  We The People,  Americans-especially The XXI Amendment, The Repeal of Prohibition, by steadfastly opposing  Judicial Tyranny in this Cause, a tentacle of a corrupt Neo Prohibitionist Police State  and to

Defend The Faith and Our GOD GIVEN RIGHTS!  Come and bear witness publicly in the San Jacinto County Court Room gallery on March, 9th, 2017, 9:00 AM,  I State Highway 150, Room 23, Cold Spring , Texas 77331 to observe Fr. Christopher Daniel Terry’s  malicious and unjust sentencing to one year in prison and a ten thousand dollar fine by SJCC Judge John Lovett, a militant anti Catholic Freemason secretly affiliated with THE brotherly  masonic anti Catholic Ku Klux Klan  of  San Jacinto County,  see then a Felony Religious Crime OF HATE perpetrated by said anti-Catholic Free masonic SJCC Judge Lovett in felonious conspiracy  from The Bench of Said Court by The State of Texas via Judge John Lovett in Conspiracy with  Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJCC Court  who did  per causa  Malicious Prosecution via  Obstruction of Justice  falsely convict with manufactured evidence and conspire to sentence maliciously The Defendant Pro SE FR. CHRISTOPHER TERRY to a year in  Prison and Ten Thousand Dollar Fine without Constitutional or County Judicial Jurisdiction with  Manufactured Evidence and Bearing False witness with Criminal Conflict of Interest Witness perjury by The Following Sub Peona Witnesses:

JUDGE EARNEST L. MCCLENDON, 258TH DISTRICT COURT 101 WEST MILL STREET, STE 286, LIVINGSTON,TEXAS 77351

CARDINAL DANIEL N. DINARDO, ARCHBISHOP OF GALVESTON,HOUSTON, TX 77001-0907 CORPUS SOL PARTNER AND MEDICAL ETHIC’S POLICY MAKER FOR CATHOLIC HEALTH INITIATIVE  ST. LUKE’S

BILLY CORLEY, DEPARTMENT OF PUBLIC SAFETY, COLD SPRING, TEXAS 77331  STATE TROOPER

DEP. JESSE SLAUGHTER, SAN JACINTO COUNTY SHERIFF’S OFFICE, 75 W. CEDAR AVENUE, COLD SPRING, TX. 77331

DANNY VANDERMAN, R.N.  CATHOLIC HEALTH INITIATIVE -ST.LUKE’S HEALTH MEMORIAL LIVINGSTON 1717 HIGHWAY 59 LOOP N. LIVINGSTON TEXAS 77351

RACHEL AUBEL, FORENSIC SCIENTIST EXPERT WITNESS, TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME LABORATORY 12230 WEST RD. BUILDING C HOUSTON, TEXAS 77065

 

 

COME AND DEFEND THE FAITH AND Our GOD GIVEN RIGHTS AND THE XXI AMENDMENT (PROHIBITION REPEAL)IN -Cause No.   -2016-215 AGAINST NEO-PROHIBITIONIST DOMESTIC ENEMIES OF AMERICA AND ANTI CATHOLIC JUDICIAL TYRANNY  IN A SCAM  “UNDER COLOR OF LAW” ANTI GOD GIVEN RIGHTS, ANTI-LIBERTY, AND HUMAN LIFE PENAL STATE POLICE WAR ON ALCOHOL AND WAR ON DRUGS MALICIOUS PROSECUTION OF and  FALSE IMPRISONMENT OF MILLIONS OF TEXAN’S HARMING THEM AND THEIR FAMILIES GRAVELY,  ROBBING THEM OF THEIR GOD GIVEN RIGHTS AS AMERICAN PEOPLE , HUMAN DIGNITY AND IDENTITY BY AN UTTERLY RIGGED PLEA BARGAINING SYSTEM BASED ON MANUFACTURED EVIDENCE BY THE TEXAS DEPARTMENT OF PUBLIC SAFETY FORENSIC CRIME LAB  AS THE BLOOD ALCOHOL TEST  (BAC) WIELDED AS A TERROR  WEAPON  BY ASS. DA PROSECUTORS TO FORCE  PLEA BARGAINING  AND SAID  TO HAVE “A 99.7  CONFIDENCE LEVEL”  A TOTAL LIE,  DEMONSTRATED TO BE SCIENTIFICALLY WILDLY INACCURATE AND MISLEADINGLY UNTRUE BY A STUDY AUTHORED BY A NATIONAL  FORENSIC SCIENTIST ASSOCIATION  TO ANSWER THE QUESTION , HOW ACCURATE IS THE BAC TEST?  THE ANSWER IS NO ONE REALLY KNOWS!  MOREOVER, THE TEXAS DEPARTMENT OF SAFETY ANNUALLY ROBS TWO HUNDRED THOUSAND  TEXANS  PLUS OF OVER TWO BILLION DOLLARS  IN  THEIR “1984 ” DEPARTMENT OF PUBLIC SAFETY  DUI CASH COW SCAM.   AS  PRECINT 3 JUDGE RANDY ELLISOR ALWAYS TELLS EVERYONE,  (JUDGE ELLISOR,  PENDING CERTIFICATION OF JUDGE LOVETT’S DISQUALIFICATION/RECUSAL IN RESPONSE TO THE TIMELY FILED DISQUALIFICATION/RECUSAL  MOTION WHICH CAN BE READ BELOW, AS REQUIRED OF GOVERNOR ABBOTT TO DO IN THE TEXAS CONSTITUTION  ARTICLE 5. SEC 11. JUDICIAL DEPARTMENT, HAS CONSTITUTIONAL JUDICIAL JURISDICTION TO TRY CAUSE NO. 2016-215) “WHEN YOUR DEALING  TEXAS DEPARTMENT OF PUBLIC SAFETY, ITS ALWAYS ABOUT THE MONEY.”

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                                 -Cause No.   -2016-215-                                                             

STATE OF TEXAS                   )            COURT OF SAN JACINTO

VRS.                                               (            COUNTY JUDICIAL  DISTRICT

FR. CHRISTOPHER DANIEL TERRY,   )   JUDGE JOHN LOVETT

ORDER OF PREACHERS   (                              COUNTY JUDGE                        .                         )                       1 State Hwy. 150, Room 23

Cleveland, Texas 77328      )                        Coldspring, TX 77331

Phone          ( Ph. (936) 653-2199 Fax (936) 653-3970

_________________February 23rd, 2017______________________________

 

 

DEFENDANT PRO SE’S MOTION FOR DISQUALIFICATION (RECUSAL) OF JUDGES
TO JUDGE JOHN LOVETT
, said SJCC Judge himself convicted of   DRIVING WHILE INTOXICATED  Sec.  49.04(C) PC CJIS# 54040014 – CLASS A MISDEMEANOR when aggravated by a BAC of .18 or above, JUDGE OF SAID SJC COURT did not have Judicial Constitutional or County Court District Jurisdiction at “US-0059 Mile Post 450, in SAN JACINTO, CO.” as stated in THP6-INSTANTER- (r1530) TX4KLOUTI5T, Date: April 4th, 2016  9.02 Issued by: 14040-Corley Jr, Region:2 District B Area O2.

Said “US-0059 Mile Post 450, in SAN JACINTO COUNTY

IN FACT,                        DOES NOT EXIST!

Rather, the actual site of the arrest, as remembered accurately by the falsely accused in Cause No. 2016 -215, Defendant Pro Se, Fr. Christopher Danial Terry, O.P.  was  in reality Liberty County,  i.e. NB 59 between  Cleveland and Splendora, just before Cleveland,  As such, SJC Court, Judge John Lovett, did not ever have Constitution or County Court Jurisdiction to prosecute Said Instanter in the first place or ever.

And  to Judge Ernest McClendon, 258th District Court Livingston, Polk County,Texas, Igitur, did not have Constitutional or SJC Court Judicial Jurisdiction to issue the BAC blood warrant on said Defendant April 4, 11:10 P.M. 2016 at CHI-St. Luke’s medical facility in Livingston, Texas.

Judge Ernest McClendon issued Search Warrant, The State of Texas, The County of San Jacinto, for Said Defendant Pro Se’s blood, said Judge without Constitutional or County judicial jurisdiction did on said blood warrant ascribe  “Issued on this the 4th day of April, 2016, at 11:02 PM to certify which witness my hand this day.”

Said Polk County Judge, Earnest McClendon in Said Warrant, did falsely and without Constitutional or County judicial jurisdiction in Perjury with Malice towards The Defendant did sign it:

E.McClendon, Magistrate in and for San Jacinto County, Texas

Said fallacious warrant swearer, in  doing so, denied said Defendant Pro Se on April 4, 2016, at 11:02 denied and violated The Defendant’s Writ of Habeas Corpus under Color of Law, sentencing the innocent until proven guilty  Defendant “instantly” to SJC Jail, and said impostor SJC Judge did with malice tell the SJC Sheriff Jailer via Billy Corley to keep The Defendant in Solitary Confinement for Four Days until bail was set, a cruel and unusual punishment for anyone accused of DUI.

 

COMES NOW FATHER CHRISTOPHER DANIEL TERRY, O.P., DEFENDANT PRO SE, by and through the same undersigned counsel, and files the Defendant’s Constitutional Motion for Disqualification/Recusal of Judge, and would show the Court as follows:
1)      Defendant Pro Se was originally charged with the offense of  DRIVING WHILE INTOXICATED  Sec.  49.04(C) PC CJIS# 54040014 – CLASS A MISDEMEANOR aggravated by a BAC .231 from Class B .    Said .231 BAC was fallaciously  attributed in manufacture of  evidence in Said -Cause No. 2016-215- in SJCC to  said Defendant in Malicious Prosecution and Obstruction of Justice by Judges John Lovett and Earnest McClendon in conspiracy to commit said Felonies in SJCC against Said Defendant.
2)      Said  -Cause No.   2016-215-  was without Constitutional  or County District Judicial Jurisdiction filled and brought to criminal trial in County Court of San Jacinto County, Texas, February 23, 9:00 A.M. 2017, presided over by JUDGE JOHN LOVETT. The Defendant Pro Se filed a Motion of Disqualification/Recusal  to Judge John Lovett and to Earnest McClendon in a timely manner at 8:20 AM, Thursday, February 23, 2016 as required by Texas Law and Constitution for said motion with the SJC Court Clerk to be placed in -Cause No. 2016-215-file.  Said motion was witnessed and notarized, signed and dated by said Defendant minutes before being presented and filed by the SJC Court Clerk.  Said Defendant was given person assurances that Judge John Lovett would be presented with said motion by said SJCC clerk in SJCC before or during the Defendant’s  9:00 A.M. SJCC criminal trail by jury.

Defendant told the SJCC clerk that said motion must be acted upon in a timely manner, yeah or nay, by Judge John Lovett and yeah certified by Texas Law by Governor Gregg Abbott. Whether yeah or nay to Recusal, (Lovett’s Disqualification from judging Cause  No. 2016-215-is Ipso Facto, self evident) Lovett as SJCC Judge is prevented by Texas Law via Said Motion to make any motion or order in Cause No. -2016-215-.

John Lovett, acting as SJCC Judge did that same morning ignore Said Motion and proceed to Judge  PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE  Cause No. -2016 215- in SJCC.:

  1. The Defendant Pro Se was there tried and convicted in AB SENTIA by Lovett Disqualified ipso facto wrongly acting as Judge of all charges.
  2.  The DA Christina Wood in Malicious Prosecution did tell The Jury to convict The Defendant of a Class A Misdemeanor DUI based on a manufactured evidence of a BAC test ,231- almost three times the legal limit of .08- fallaciously ascribed to Said Defendant which after .18 aggravates the DUI charge from Misdemeanor Class B, to Class A.  Conviction for is One Year in Jail and a Ten Thousand Dollar fine!
  3. Judge John Lovett, in SJCC on January 13, 2017 did break the 2012 Michael Morton Law “That DA’s must work for Justice not convictions in testing State forensic evidence”  telling the Defendant he “lost” his legal right to a SJCC order to retest by Rachel Aubel,  TDPS crime lab forensic BAC test expert in Cause 2016-215- did the original BAC report ascribed by Abel as 99.7% “Confidence Level.”  This Obstruction of Justice and Malicious Prosecution by Lovett, enabled Ass DA Christina Woods to do the same in presented manufactured evidence-Said .231 BAC- to the unknowing Jury to win a Class A DUI over a Class B DUI unjust conviction of Said Defendant.
  4. Said Defendant Pro Se would have attended his own trial that morning after he filed Said Motion, but did not imagine that Judge Lovett, Ass, DA Christina Wood, Mark Boemio are so insane to have perpetrated such an outrage to Justice and the US and Texas Constituions.  But on reflection, this fallacious non-trial fueled by Malicious Prosecution and Obstruction of Justice reflects not only what Said Three have consistently done through Cause No. 2916-215, but sadly who they have become.  As a Catholic Priest, I have prayed the Rosary and said mass for these three lost souls and joyfully will not their destruction on earth and after death forever in Hell, but their spiritual redemption, joy, health, and eternal salvation. I bear them never any malice. I am doing this not for myself, as Defendant Pro Se, but for the millions that have been, are, and will be falsely imprisoned, convicted, dehumanized and permanently marred by The Texas DPS DUI Cash Cow  Texas government organized crime.  My home State of Nebraska’s DUI prosecution Laws and Enforcement Procedures are right and just.  Texas DUI Law must be repealed, reformed and imitate those of The State of Nebraska. To this end I dedicate this Cause.
  5. 3) Defendant Pro Se in Cause Amends his initial plea of NOT GUILTY, to DISMISSAL OF CHARGES PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE in the Defendant’s Cause No.   2016-215
    4)      Factual Basis for Motion:  Said Court and Judges have no Constitutional jurisdiction to try Cause No. 2015-215  and have felonously used said Court and Judicial Office conspiring  PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE  to felonously injure Defendant Pro Se, Fr. Christopher D. Terry, O.P.  and violate Under Color of Law, The Defendant’s Constitutional Rights: Amendments I, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XXI, and Human Rights against Torture and Experimentation on Prisoners guaranteed by The Geneva Conventions from The Bench of Said Court by The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJCC Court did  per causa  Malicious Prosecution via  Obstruction of Justice  falsely convict with manufactured evidence and conspire to sentence The Defendant Pro SE to a year of Prison and Ten Thousand Dollar Fine without Constitutional or County Judicial Jurisdiction and manufactured evidence and criminal conflict of interest Wittnesses.

Factual Basis for This Motion:  under Color of Law Violation of The Defendant’s IV Amendment Rights:  Amendment IV:   THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEARCHED, AND THE PERSONS TO BE SIZED.

Amendment V:  NO PERSON SHALL BE HELD TO ANSWER FOR A CAPITAL, OR OTHERWISE INFAMOUS CRIME, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY, EXCEPT IN CASES ARISING IN THE LAND OF NAVAL FORCES, OR IN THE Militia, WHEN IN ACTUAL SERVICE IN TIME OF WAR OR PUBLIC DANGER; NOR SHALL ANY PERSON ANY PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARDY OF LIFE OR LIMB; NOR SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITTNESS AGAINST HIM; TO HAVE COMPULSORY PROCESS FOR OBTAINING WITTNESSES IN HIS FAVOR, AND TO HAVE ASSISTANCE OF COUNSEL FOR HIS DEFENSE.

 

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AMENDMENT VI:  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 ACCUSATION: TO BE CONFRONTED WITH THE WITTNESSES AGAINST HIM: TO HAVE COMPULSORY PROCESS FOR OBTAINING WITTNESS IN HIS FAVOR, AND HAVE THE ASSISTENCE OF COUNSEL FOR HIS DEFENCE.

Factual Basis for Motion of Disqualification/Recusal

Instanter issuing Investigating Officer: Corley Jr. Billy Wayne, Texas Department of Public Safety, Texas Highway Patrol Division, Offense Report # TX4KYLOUTI5U, File Title: Terry, Christopher Daniel,  County: San Jacinto,  Report Date: April 4, 2016 “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED” states IN SAID REPORT:
Details:
1.      This offense occurred on 04/04/2016 Monday at approximately 2102 on US 59 at milepost 450, San Jacinto County, Texas.
US 59 at mile post 450, San Jacinto County “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED” sworn to by Billy Corley in exercising his duties as an DPS State Trooper officer of the law in said County giving testimony to said Court via said report  PARTICULARlY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEARCHED, AND THE PERSONS TO BE SIZED  does not exist!

Count 1) Ergo,Igitur Judge Lovett and The County Court of San Jacinto County and SJCC Office of District Attorney have no Constitutional Jurisdiction in trying Defendant Pro Se, Fr. Christopher D. Terry, O.P. and could never possibly have had Constitutional Jurisdiction at any time to try, SINCE MILE POST 450 59 IN FACT DOES NOT EXIST AS A PLACE.

 

 Instanter issuing Investigating Officer: Corley Jr. Billy Wayne, Texas Department of Public Safety, Texas Highway Patrol Division, Offense Report # TX4KYLOUTI5U, File Title: Terry, Christopher Daniel,  County: San Jacinto,  Report Date: April 4, 2016 “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED did conspire to commit Malicious Prosecution and Obstruct Justice as an agent of  TDPS because said place of The Defendant’s arrest does not exist.

 

Defendant Pro Se as part of due diligence in his Motion for Discovery filed with the County Clerk of San Jacinto County returned to the actual particular place, as he recalled from memory, of the Defendant’s Malicious Prosecution False Arrest and Manufacture of Evidence without  PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEARCHED, AND THE PERSONS TO BE SIZED,  by San Jacinto County Deputy Jesse Slaughter #63. Slaughter, on the night of April 4th, 2016 recklessly drove the presumed innocent Defendant off the road into an Interstate 69 construction site causing damage to his vehicle and injury to his person without probably cause SUPPORTED BY OATH OR AFFIRMATION by Slaughter who authored no official Offense Report on Probably Cause, nor cited The Defendant for any criminal violations including a traffic at the time.  Under Color of Law Violation of The Defendant’s IVth and Vth Amendment Rights by the appropriately named Deputy Slaughter, # 63, a reincarnation of Sheriff Humpy Parker or Son, in The Defendant’s  experience.

Defendant Pro Se at site of the actual violation of his IV and V Amendment Rights investigating asked TXDOT contractor working at the scene Adam Adams (832 527 0652) Civil Corp Survey Field Crew Head where Mile Marker 450 US 59 is.  The Defendant Pro Se naively equated at this time before the results of due diligence in Cause No.   2015-215   his memory of where the illegal stop and false arrest occurred with Billy Corley’s detail  “On US 59 NB at Milepost 450, San Jacinto County.”  Adam Adams replied there are not “mile markers” on State Highways, 59 or otherwise, only Interstate Highway’s like 69. Interstate Mileposts start at the Mexican Border.  Milepost 59 450 if it existed-it does not-would be 450 miles from the Mexican Border beginning at Laredo.  San Jacinto County is Apx. 360 miles from Laredo.  This means Mile Marker 450 US 59 -if it existed-would be almost a hundred miles North of  San Jacinto County, not “Mile Marker 450, US 59 NB, San Jacinto County” as Corley swears in his THPDO Report.

 

This factual basis for this Disqualification/Recusal Motion is clearly evident to Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett  in exercising their Court duty of due diligence in bringing charges and preparing for Pre Trial and responding to The Defendant’s Motion for Discovery which  pointed out numerous fictitious  manufacture of evidence by Instanter issuing Investigating Officer: Corley Jr. Billy Wayne, Texas Department of Public Safety, Texas Highway Patrol Division, Offense Report # TX4KYLOUTI5U, File Title: Terry, Christopher Daniel,  County: San Jacinto,  Report Date: April 4, 2016 “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED.

 

 

Notwithstanding,

 

Judge John Lovett has refused to disqualify/recuse himself by LAW in Cause No.  2016-215   and dismiss all charges against the Defendant per causa Malicious Prosecution and Obstruction of Justice therefore implicating  himself of conspiring in turn to Maliciously Prosecute and Obstruct Justice in Cause No.   2016-215 presiding without Constitutional Jurisdiction and convening an illegal, unconstitutional criminal trial of Said Defendant set by Lovett’s felonious court order as SJCC Judge, February 23, 2016. Criminal trial for the Defendant Pro Se, Judge Lovett in Court January 13, 2017 presiding.

 

 

Moreover, Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJC Court of Judge Lovett did conspiring to perpetrate Malicious Prosecution and Obstruction of Justice against Said Defendant

 

 

 

Judge Lovett from The Bench in spite of pursuance of the Michael Morton Law the DA’s “working for Justice and not convictions” said Defendant’s did obstruct Said Defendants legal right to a fair trial denying him a court order to  have retested State BAC forensic evidence against Said Defendant.

 

 

The  231 BAC test criminally assessed against The Defendant via  Perjury by Billy Corley, and via an illegal blood warrant issuing by Judge Earnest McClendon, Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJC Court of Judge Lovett  which was clearly manufactured to falsely and to maliciously convict the Defendant of a Class A Misdemeanor aggravated form Class B at or over a BAC of  .18.   To this vile felonious purpose Ass DA Mark Boemio and Christina Wood seized upon the opportunity to Maliciously Prosecute and Obstruct Justice in Cause 2016-215- against Said Defendant immediately when SJCC Judge Lovett in Discovery Court, January 13, 2017 violated The Michael Morton Law during which Lovett angrily bullied and chastised the Defendant saying Said Defendant  “lost” his right to have the fraudulent BAC .231 criminally attributed to The Defendant retested by Rachel Aubel, the State’s  prosecution in  BAC Test expert witness of the TDPS Forensic Laboratory in Harris County by SJC court order via Judge John Lovett presiding over Cause No. 2016-215. Rachel Aubel allegedly had done, said she did, but all evidence proves beyond a reasonable doubt did not actually do a BAC test on the blood “sample” feloniously stolen from The Defendant by Rape and under false imprisonment via Torture and Intimidation at CHI St. Luke’s by a contracted agent of TDPS Harris County Forensic’s  Laboratory and CHI St. Luke’s  Danny Vandemen, R.N

 

The Defendant Pro Se demands the immediate return of his stolen blood by The SJC Sheriff  and immediate return of his stolen CDL License- the source of his lively hood from TDPS.

 

Rachel Aubel in conspiracy to perpetrate Malicious Persecution and Obstruct Justice  did file, authorize, sign, and promulgate in Perjury  TDPS Crime Lab Laboratory Case Number: HOU-1604-04344 Alcohol Content Laboratory Report Issue Date: April 29, 2010 conspiring to commit Malicious Prosecution and Obstruct Justice feloniously convicting of a crime and injuring gravely The Defendant.  Rachel Aubel perjures herself in claiming that the BAC test results in all cases and particularly in the Defendant’s maliciously assessed .231 BAC level  is “99.7  Confidence Level.”  The “99.7 Confidence level” is universally refuted and conclusively denied in all clinical testing by over four hundred Forensic Laboratories as to Confidence Level in BAC assessment accuracy. How accurate really is the BAC- the truth is no one really knows- it is not “99.7 Confidence” in the accuracy of the .231 BAC level as Rachel Aubel swears.

 

 

Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJC Court of Judge Lovett did conspiring to perpetrate Malicious Prosecution and Obstruction of Justice against Said Defendant did then on January 13, 2016 in SJC Discovery Court, Judge Lovett Presiding, make prosecutorial motion as Ass. DA to criminally prosecute by trial Said Defendant based on Lovett’s violating The Michael Morton Law in the Defendant’s Cause No.  2016-215.     The contested .231 BAC evidence, the heart of The Defendant’s Case pleading not guilty was now admitted illegally and maliciously by Lovett as manufactured evidence of criminal wrongdoing by Said Defendant. Seizing the moment Ass. DA Christina Wood made motion in a Discovery proceeding to criminal trial proceeding of Said Defendant, stating, The Prosecution has all it needs and is confidently prepared to go to trial.  Lovett concurred and set the Said Defendant’s criminal trial February 23rd, 2017 . In doing so in Discovery, Judge Lovett and Prosecution denied The Defendant due process of a Pre-Trial Hearing. in Cause No.  2016 215  in spite of not ever having had constitutional criminal jurisdiction in the first place in  Cause No.   2016-215 as the factual basis of this motion has already and manifestly proven.

 

 Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett,  as such, have not Recused themselves in a reasonable, lawful, and timely manner as warranted by both The US and Texas Constitutions, as such, This Motion for Judicial Disqualification was incumbent to be filed with the SJC County Clerk and SJCC by said Defendant Per Se.

 

Count 2)  Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett ignoring the factual basis of said Motion for Judicial Disqualification, all together did conspire to misuse the office of SJC County Judge and the SJC Court and Office of District Attorney  PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE in Cause No.   2016-215 . Igitur, Defendant Pro Se makes motion for their disqualification to hear and try Cause No.  2016-215 in SJCC.

 

 

And said Felonious Conspirators did feloniously injure Defendant Pro Se, Fr. Christopher D. Terry, O.P.  and violate Under Color of Law, The Defendant’s Constitutional Rights: Amendments I, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XXI, and Human Rights against Torture and Experimentation on Prisoners guaranteed by The Geneva Conventions, from The Bench of Said Court by The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge John Lovett..

 
Conclusion:

Ergo,  Judge John Lovett and The San Jacinto District Court does not have, and never had particular Constitutional Judicial Jurisdiction based on sworn oath via Probably Cause to bring criminal charges against The Defendant Fr. Christopher Daniel Terry, O.P. violating Under Color of Law, The Defendant’s Constitutional Rights: Amendments I, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XXI, and Human Rights against Torture and Experimentation on Prisoners guaranteed by the Geneva Conventions, from The Bench of Said Court by The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett by MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE in the Defendant’s case.

Count III)

Defendant Pro Se makes Motion for Disqualification of Judge John Lovett. This Motion is brought pursuant to Rule 18(b)(2) of the Texas Rules of Civil Procedure, which states in relevant part that, “A judge shall recuse himself in any proceeding in which: (a) his impartiality may reasonably be questioned; and…or (b) he has a personal bias concerning the subject matter or party, or personal knowledge, or personal knowledge of disputed evidentiary facts concerning the proceedings. Factual Basis for Motion. See Gaal V. State, No. PD-0516-10 (Tex. Crim. App. 2011).

 

Judge John Lovett is a member of a secret satanic outlawed society- The Brotherhood of Free Masonry-a self-professed satanic politically and morally subversive monolithic global anti Catholic and racist conspiracy espoused in both  Scottish and York Rite Charters, local members like John Lovett blindly pledge service in illegal secret satanic rituals to annihilate Christendom and destroy the Roman Catholic Church.

 

The Local Lodge in Coldsprings has historic membership ties with fellow Masonic subversive organization, The Ku Klux Klan, from 1919 to 1945 during Prohibition in which the local KKK enlisted itself in local law enforcement to attack Catholic Churches and Catholics and Blacks violently under “Color of Law” pursuant of the 1929 Jones Act and White racist anti Catholic “nativism” .see The War on Alcohol-The Rise of The American State” Lisa Mcguir. Free Masonry Lodges are racially and religiously segregated against Blacks and Jews historically.  It is forbidden under penalty of Ex Communication for a Catholic to be a member of The Brotherhood of Freemasonry, being condemned more than any other faction in Encyclicals by the Papacy since this malicious anti Catholic anti Christendom subversive secret society was made known to the Pope in 1737.

 

Violating The Defendant’s XXI Amendment Rites- The Repeal of The XVIII Amendment or Prohibition- John Lovett’s membership in The Brotherhood of Free Masonry is cause for  disqualification/recusal as a bigoted and malicious judge rather than an impartial one.

 

As a hateful and bigoted Freemason John Lovett has never failed in any instance to treat The Defendant, an innocent until proven guilty Catholic Priest maliciously accused of DUI and prosecuted with hatred and contempt for being a Catholic Priest in the SJCC. Lovett glared continuously at the Defendant with unbridled hatred in his eyes. Blaming and humiliating The Defendant in Court for copying a Motion of Discovery document on both sides, when in fact The SJC Office of District Attorney made the copy in the first place. Lovett in SJC Court threatened vehemently The Defendant who voted for him as SJC Judge in the last election- “You do not tell this Court what to do”.  Judge Lovett, who has never read The US Constitution Section Three on the Judiciary apparently from all his words and actions in Court is a tyrannical judge, not an elected judicial servant of the people like Judge Wayne Mack of Montgomery, County who as elected Judge the polar opposite of Lovett. and a shining example of the true brilliance of the original US Constitutions representative system of Freedom and Justice.

 

John Lovett, an elected County Judge, does not have a law degree, has no previously judicial experience before being elected judge. Neither did John Marshall. Most lawyers, but all who go to modern law schools if not ignorant are nonetheless completely dismissive of the U.S. Constitution as are the current members of the US Supreme Court. Lawyers like Abraham Lincoln, John Adams did not go to law school, and were not members of ABA, they read the law constantly though.. They read and memorized The US Constitution and Bill of Rights, studied Torts, and sat in on trials tried by just and prudent judges, prosecutors, and defense attorneys.

 

Reflecting this horrible current state of legal affairs,  The Bench of Said Court of The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood is the absolute polar opposite of the original US Constitutional System of Justice, the best and brightest in World History up until 1919 and the passage of the XVIII Amendment- Prohibition. The Defendant Pro se has experienced nothing in said utterly criminal court to suggest any of the above have even read The Constitution much more, seriously studied it, or implemented it in the SJCD Court judiciously in anyway. Cause No.   2015-215 gives ample evidence of said Conspirators utter ignorance of The Law and malicious contempt for The Founder’s principal “Innocent until Proven Guilty”.

 

In Cause No.   2015-215, a complete abortion of Justice, The Defendant was without pause always contemptuously treated by Lovett and Boemio as Guilty, a despicable Mother’s Against Drunk Driving  poster Priest (Mothers Against Drunk Drivers MADD- a completely fraudulent fund raiser con job fake organization  condemned by the original founder Christine Litchner as “Neo Prohibitionist”) as a hardened criminal drunk whose going to kill a mother and infant in an accident or so he was accused of by all said Conspirators.  Such malicious bias and ignorant bigotry rules in Cause No.   2016-215  in spite of all evidence,  Billy Corley’s said Offense Report proves beyond a reasonable doubt Defendant did not have a .231 BAC at the time of his false arrest (and moreover) did not have one drop of alcohol in his system at the time he was first run off the road by Dpt. Sheriff Slaughter, #63 until Defendant falsely arrested was raped with a blunt object falsely imprisoned at Chi-St. Luke’s, Livingston, while threatened with grave bodily harm and tortured and his blood  taken from him in spite of  a signed Refusal. His tortuous bloodletting by rape was illegally warranted by court order from a Polk County Judge, Earnest McClendon who had no jurisdiction and authority in any legal realm to warrant said blood warrant.. McClendon is another tyrannical Freemason Judge domestic enemy of the Constitution of the United Sates, like his peer John Lovett.

 

The Defendant Pro se was demeaned mocked repeatedly by both Lovett and Boemio for exercising his right to represent himself before an impartial judge and jury of his peers. Boemio lied CONSISTENTLY to the Defendant in Court and outside of Court about Law and Facts promoting malicious prosecution and obstruction of Justice.. The Defendant can think of no one instance outside of Court, or in Court verified by the Court Record where Boemio did not lie before Lovett who accepted all his lies from the Bench in maliciously prosecuting The Defendant  in Obstructing Justice.

 

 

 

 

Count 4)

 

In The War on Alcohol-The Rise of the American State, Lisa Mcguuir demonstrates historically the rise of the Penal Police State and destruction of all Americans Civil Liberties forsaking their Constitutional Rights to a fair jury trial by “plea bargaining” to avoid draconian sentences. The 1929 Jones Act sanctioned possessing of a mere thimble of alcohol, and.. or consuming any amount of alcohol a Federal Offense- Class A Felony- punishable by one year in Federal Penitentiary (cruelly over populated due to Prohibition insanity)  and a Ten Thousand Dollar Fine. Anyone witnessing someone consuming alcohol and did not turn the drinker or bearer into police is an accomplice and suffered the same criminal penalties as the drinker or bearer. Considering in 1929 Gold was at $10.00 an ounce- Catholics and Blacks who made their own wine and beer at home- 99.9% of the “bootleggers” prosecuted until the repeal of Prohibition in 1934- would not only see their child starve as they languished in New Federal Prisons for a year-First Offense- but also had to pony up what was equivalent to then gold standard backed currency- 1,000 ounces, or almost ten pounds of gold first offense. see The “War on Alcohol,” And born at the exact same time “The War on Drugs” caused the astronomical growth in incarceration and building of prisons that continues unabated today especially in the racist genocide of young Black men.

 

Prohibition mentality in the US “criminal “ justice system  has not changed in spite of The XXI Amendment of Repeal in 1934, Certainly not in San Jacinto County, where Sheriff Humpy Parker and son  for almost thirty years just like Sheriff Slaughter, ran innocent victims off the road to then be subjected to false imprisonment, torture and rape- and often murder as well all under the “Color of Law” in The War on POM.  Parker and crew falsely imprisoned, tortured, and murdered numerous victims.  Parker and son received a slap on the wrist in the end. The many non investigated murders Parker did, were done to strangers passing through.. Their bodies were placed in some instances on a chosen road to be run over at night by innocent motorists, sometimes by relatives of the murdered to terrorize them into silence. The same court that not knowingly enabled Humpy Parker then, SJCC, today routinely under Judge Lovett enables Deputy Slaughter and TDPS DUI criminal justice system to falsely imprison, torture, rape, and convict over 200,000 thousands US citizens not just in SJCC but throughout Texas annually under “Color of Law” violation of their IVth, Vth, and XXIth Amendment Rights.

 

 

The above mentioned Judge has in the past deliberately violated other litigant’s personal liberties and/or has wantonly refused to provide due process and equal protection to all litigants before the court or has behaved in a manner inconsistent with that which is needed for full, fair, impartial hearings.

The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS.

 

Count 4) Lovett and Boemio in SJCC Monday pleadings were observed by Defendant Pro Se on several occasions over several hours in 99.9 % plea bargaining by Defendants, 98% of motions brought by Ass. DA Boemio to dismiss charges were given to “scantily clad woman and girls.”  Their faces  were often both angered and humiliated as they were paraded before Lovett by Boemio and leered at. This is probably cause to suspect multiple counts of wire fraud and witness tampering by Lovett and Boemio, and convene a Grand Jury to indict.

 

None scantily clad women and girls were all treated with the same contempt as fodder for DUI POM Department of Public Safety 2.5 billion dollar cash cow.  The Defendant was during this ten month period was in SJCC the only one to plead Innocent, moreover, Defendant Pro Se.  The Defendant sat for several hours, several times in SJCC observing this annihilation by “plea bargaining” of the once great American System of Justice and the fraudulent convictions based always on manufactured BAC evidence from the TDPS Forensics Lab portrayed falsely to pleading American Citizen victims as “99.7 “confidence level” by Ass. DA Boemio.  The Defendant was always the very last one in Court at the end of each of these session to face Lovett and Boemio alone- violating his right to “a Public Trial.”

 

 

Therefore, Petitioner demands said judge recuse themselves in light of the evidence detailing prior unethical and/or illegal conduct or conduct which gives Petitioner good reason to believe the above Judge cannot hear the above case in a fair and impartial, much less malicious and bigoted manner.

 

 

 

 

Count 5) Judge John Lovett and Judge Ernest McClendon hold Texas Rule of Evidence No 401 in utter contempt  in judicial proceedings dealing with DUI prosecutions.

 

Factual Basis for Motion to Disqualify Judges:

 

DWI case dismissed because judge listed as witness

Judge Kaycee Jones was at scene of DWI, issued blood draw

By Joel Eisenbaum – Investigative Reporter

Posted: 10:05 PM, June 29, 2016Updated: 10:35 PM, June 29, 2016 HOUSTON – A District Court judge, previously reprimanded by the Texas State Bar, is also the subject of a formal complaint to  the Texas Commission on Judicial Conduct, Channel 2 Investigates has learned.

Judge Kaycee Jones was elected in 2012 to Texas 411th District Court. Jones is tasked with dispensing justice in felony criminal cases and child custody matters, among other duties, in San Jacinto, Trinity and Polk counties.

Channel 2 Investigates recently uncovered documents that showed a DWI case in which she issued a blood draw warrant had to be dismissed, because Jones was also listed as a witness in the case.

Well, it was just unfortunate that the case had to be dismissed under those circumstances,” San Jacinto County Judge John Lovett said.

Lovett said he had no choice but to dismiss the criminal case, because the state’s primary piece of evidence was inadmissible.

“You can’t be a judge in a case where you’re a witness,” Brian Wice, a former judge and KPRC Channel 2 legal analyst, said.

On the night of April 20, 2014, Jones was the on-call magistrate during a DWI “No Refusal” weekend when she volunteered to ride-along with a DPS trooper, looking for DWI offenders.

Documents obtained by KPRC Channel 2 showed the trooper listed Jones as a witness to an arrest, while at the same time, she was charged with impartially determining whether blood should be drawn from the person stopped.

“District Court judges have no business sitting inside a DPS squad car on a ‘No Refusal’ weekend,” Wice said.

Jones declined KPRC’s interview request and offered no comment at the San Jacinto County Courthouse.

Also at issue is whether the judge specifically instructed the trooper to leave her name off the application for the blood draw warrant.

The trooper offered testimony on the matter during a motion to suppress evidence in the DWI case.

“She instructed you not to put her name as a witness?” the defense attorney asked.

“She told me she was not needed, so I didn’t list her,” the trooper said.

Channel 2 Investigates has uncovered paperwork that showed at least one person has filed an official complaint with the Texas Commission on judicial conduct because of the matter.

The state panel looks into allegations of wrongdoing by judges. The panel conducts business largely out of the public eye, and most of the group’s investigative work is not subject to open records.

It is possible Jones could be disciplined to some degree without the public’s knowledge. Channel 2 Investigates has no evidence the judge has sustained any complaint against her.

 

 

 

Count 6) Factual Basis of Malicious Prosecution via Obstruction of Justice.

 

January 13th, 2017 Reset Discovery Court: 1:30 P.M. Defendant Pro Se made Motion for Discovery to Lovett to have retested the BAC test which came back .231 from the DPS after nearly a month, after The Defendant had been maliciously imprisoned in solitary confinement for almost four days- a cruel and unusual punishment- for DU any charge when not yet proven guilty.  During which time his rescue dogs having gone four days without water and food were shot to death foraging on an adjacent property, and his sister Kay died a tragic death from cancer denied a final phone call to say goodbye to her brother the Priest and tell each other they loved one another. The Defendant in solitary confinement had no freedom to return his mother’s increasingly frantic cell phone calls logged on the Defendant’s confiscated cell phone and only learned of his sister’s death after its return after release in an embittered call from his mother deeply aggrieved that her soon did not call to say good bye to her dying daughter although she had called multiple times pleading sorrowfully that he do so immediately. The Defendant was placed in the dilemma of further embittering his mother by scandalizing her that he had been in solitary confinement for DUI and could not call back, The Defendant sought to prove his innocence first before explaining to his mother his Solitary Confinement and false DUI charge.

 

 

 

. The Defendant did receive Lovett’s assurance that he would sign “Pursuant of the 2012 Michael Morton Law” that District Attorneys work for Justice and not convictions (Texas consistently leads all States in False Convictions) to retest Forensic Evidence (BAC evidence) for validity in the interest of Innocence and Justice. The Defendant Pro Se thinks Lovett who is completely ignorant of the law, and does not read the law, only read The Discovery Motion in Court during proceedings. This is what the Defendant Pro Se witnessed. Therefore, he thinks Lovett did not know what the 2012 Michael Morton law is. Nonetheless, in spite of a barrage of distortions and outright lies of fact by Boemio, Lovett said he would court order a retesting. Defendant requested the court pay for the retesting because of his vow of poverty. Boemio in his attempt to obstruct justice lied to the Defendant about the prohibitive cost of retesting in a lab other than the Harris County DPS Forensics Lab, that has the worse reputation in the Country for evidence tampering, and simple not doing their duty-five thousand untested rap tests. I discovered that the DPS backlogged by the over 2,000,000 DUI orgainized crime government corruption cash cow receives 60$ per test. For this they falsely imprison everyone without exception on Instanter!  Lovet over the objections of Boemio said the court would pay the cost.  I left and returned on reset to a Discovery Court on Juanuary 23rd with a court order written by Defendent Pro Se to be signed by Judge Lovett as previously agreed by Lovett in Court on Jan. 3rd, 2017 to do so. Said order ordering Rachel Abel, Forensic Lab BAC technician Harris County an expert witness for the Prosecution in this case, who did issue TDPS Crime Laboratory Case Number: HOU-1604-04344 Alcohol Content Laboratory Report, April 29, 2016- 25 days after April 4, 2016 illegal blood draw order by expert witness for the Prosecution Danny Vandemen, R.N. employed by “CHI-St. Lukes’ Livingston” while handcuffed and falsely imprisoned, threated with physical violence, tortured and raped with a blunt object in retaliation for telling the CHI-St. Luke staff on April 4th, 2016 that The Defendat Pro Se’s Constittuional Rights and Geneva Convention Human rights are being violated under color of law malicious prosecution and  at the “CHI-St. Lukes” The Defendant Pro Se is a College Professor who teaches Philosophy of Law, as well as Legal Ethics and has a professional understanding and expertise in world legal traditions both Religious and Secular from Prehistory,  Catholic Canon Law, as well as English Common Law, The US Constitution and Bill of Rights.

Said  illegal blood draw, in spite of Defendant Pro Se’ signed refusal to said blood draw and theft was warranted by Judge Earnest McClendon 258 District Court 101 West Mill Street, Ste. 286, Livingston, Texas 77351 Phone 936-327-6847 Fax 936-327-6881.  Instanter issuer Billy Corely, TDPS in his TDPS HPDOR #TX$KYLOUTI5U April 4/2016 states:

 

13.) I transported Terry to Chi St. Luke’s Hospital.

 

14) Upon arrival at the hospital, I read Terry the DIC 24 and asked if he would provide a blood specimen and he replied “No.”

 

Said sworn statement 14 by Corely in fact is completely fictitious. None of this happened.

 

Rather at the time Corley issued his Instanter sentencing on Corely’s testimony alone The Defendant to almost four days of Solitary Confinement at the SJC Sheriff’s Jail, which clearly states the Instanter was issued at US-0059 MP-450 in San Jacinto Co, a nonexistent location in San Jacinto County or in reality period, The Defendant told Corely after Corely informed him he was taking to have his blood drawn that he refused having his blood drawn asserting his 4th and 5th Amendment rights.  Corely than tendered at that time a Refusal Form for the Defendant to sign, which the Defendant signed promptly.   – Defendant Pro Se via Discovery obtained a copy of his sign refusal from SJCC Cause No.   2015-215 DA file. Furthermore, Defendant Pro se has legal copy of Statutory Warning DIC 24 4-4-2016, stating the time of the Arrest at 21.02, San Jacinto County which states checked and signed by Defendant Pro Se Christopher Terry, subject refused to allow the taking of a specimen as evidence of by his/her signature below. This in turn was signed by Billy Corely. This signed refusal as warned caused the TDPS via Corely to illegally confiscate the Defedants TDL 2468 4570 for 180 days and his CDL the source of his livelihood as a school bus driver for a year. This illegal unconstitutional confiscation of Defendant’s CDL persists to this day. Corely did not read the Statutory Warning to the Defendant at that time violating the Defendant’s Writ of Habeas Corpus by not informing then The Defendant  as required by Statutory Warning that he may request a hearing on suspension or denial.

 

No where in Corely’s SJCPCAfor Warrantless Arrest Case #4KYLOUT5T does he say that The Defendant signed A Formal Refusal before heading to CHI. St. Lukes.

 

The fraudulent manufacture of evidence in this Cause No. 2015-215 of Malicious Prosecution against the Defendant which produced a .231 BAC result at 99.7 confidence level of accuracy via Rachel Abel DPS Harris County Forensic Lab BAC technician contradicts not only the truth- The Defendant who had no alcohol OO.OO BAC in his blood at the moment of his illegal arrest and the whole time of his false imprisonment and at the time of his blood letting by rape with a blunt instrument at Chi St. Luke’s Living ston, Polk County-but also the legal validity of the sign warrant in that at .231 almost three times the legal limit, a normal person has completely lost control of his mental and physical faculties. Nowhere in his report does Corely anywhere mention the any observations of the Defendant such as complete loss of his mental and physical faculties, incontinence, black out, car crash definitive of .231 BAC.  .231 BAC is the highest BAC possible on the BAC standard chart.  At the time the Defendant was falsely imprisoned, threated with physical harm, tortured and raped with a blunt object at CHI St. Lukes under the auspices of The SJC Sheriff’s Department, TDPS, SJCC, 258th District Court, Livingston,Texas, and Cardinal Daniel Dinardo as Chi St. Luke Corpus Sol partner and Medical Ethics policy maker.  Three and a half hours after his illegal arrest by SJC Dep. Sherriff Slaughter, no. 63. The Defendant’s BAC in spite of the malicious prosecution manufacture of a .231 BAC at “99.7 confidence level” of accuracy- a total lie about the accuracy of the BAC testing regimen to produce accurate results in testing to trick those charge with DUI who have already spent time in jail to plead. A clear case of double jeopardy. And not question the validity of the BAC test as the Defendant did immediately when he was informed over the phone by Ass DA Boemio his alleged BAC was .231.  To which the Defedant-after he held the phone away and busted out laughing- said- “It could not possible be that.”  In response Boemio replied (The Defendant had told Boemio repeatedly he would not plead)  “In our system you have the right to question the accuracy of the test. I do not know anything about forensic science (I.e. the BAC test- this is the only time Boemio spoke the truth) but I do know this the BAC test is 99.7 accurate. After .18 BAC the DUI charge becomes a Class A Misdemeanor. Second Offense a State Felony”   Conviction mandates a year to six months in prison, and thousands of dollars in fines, suspension of license, and court costs. Although the defendant told DA Boemio he would not plead, Boemio said then he did not know if retesting the BAC sample of the Defendant’s  blood was even possible to split the sample. The Defendant would be financially responsible for finding a laboratory acceptable to the State to retest. The Ass Da said that independent laboratories often send out their sample tests to other laboratories, even out of state, where the tests are done. The defendant would be responsible for presenting the BAC technician who ultimately does the retesting in court to be examined on procedure by the State BAC expert. This is all complete distortion and lies to protect manufacture of evidence and malicious prosecution of the Defendant in  Cause No.   2015-215. Then Ass Da Boemio concluded even though he had been told repeatedly that the Defendant had no interest in pleading that “If you plead Guilty, I will let you off with two to four months probation and court costs” which he said were a little over two hundred dollars. Defendant, on principle, and who has taken an oath to defend the US Constitution against domestic enemies, as well as a Catholic Priest who saw experienced  first hand how innocent Americans in Texas by the millions are violated and dehumanized by an un-American communist government through a bogus war and alcohol, war on drugs via a criminal justice system that has completely betrayed the Bill of Rights, said no.  At .231 a drunk driver has a 33% possibility of fatal or near fatal car crash. These are the criminal DUI that actually kill mother’s and there children in car crashes. Defendant holds that the DUI Class A Misdemeanor sanctions over .I8 are just- First Offence: One year to Six months prison- 10,000 dollar find- One Year Suspension of License Mandatory. Second Offense- Class A Felony. Permanent Suspension of License. Yet Boemio merely to protect the TDPS Two Billion Dollar plus DUI cash cow government and police corruption scam told the Defendant if he pleaded Guilty-(Which means if he lied to Judge Lovett) he would be let off with 2 to 4 months probation and a couple hundred dollars court cost.  There is no honor among  thieves. The Defendant understood that he or anyone could be falsely arrested on the 59 again after pleading guilty and charged with a Felony and have the book thrown at them,

Count 6) Motion for Disqualification of Judge Earnest l. McClendon, 258th District Court, Livingston, Polk County, Texas.

 

 

Factual Basis for Motion to Disqualify

  1. Corely Report# TX4kYLOUTI5U- I  “I called Judge McClendon and Requested a blood Search Warrant. Judge McClendon, then granted my blood search warrant at approximately 2302. The Blood search warrant was than executed at approximately 2310 by Danny Vanderman, RN from CHI St, Luke’s Hospital, Livingston Hospital. Vanderman utilized a non-alcoholic cleansing solution (betadine) to the right arm of Terry and drew blood at approximately 2310. Two tubes of blood (Exhibit one) were secured in my locked patrol car for transport.”

 

Judge McClendon, 258th District Court Livingston, Polk County,Texas,did not have Constitutional Jurisdiction to issue the blood warrant. The place of arrest, numerous times stated by Corely in sworn report is NB 59 MP 450 San Jacinto County. This place does not exist.  Judge McClendon violated under Color of Law as a US Judge the Defendant’s IVth and Vth Amendment Rights, and denied him his Writ of Habeas Corpus in issuing said BAC blood warrant without constitutional jurisdiction as a judge. McClendon’s illegal and criminal unjustified blood warrant in his malicious prosecution of the Defendant’s False Arrest and Manufacture of Evidence triggered the torture and rape by blunt object of the Defendant at CHI St. Luke’s Livingston at said time and place.

 

The Order for Assistance in Execution of Search Warrant, State of Texas, County of San Jacinto affidavit was illegally and fraudulently signed under Oath by “Judge” Earnest McClendon- “Ordered this the 4th day of April, 2016 at 11:02 P.M. to which witness my hand this day.

 

EnMcClendon

 

Magistrate in and for San Jacinto County, Texas

 

.231   feloniously attributed in manufacture of false evidence in said cause against said Defendant in Malicious Prosecution and Obstruction of Justice by Judges John Lovett and Earnest McClendon in conspiracy to commit said Felonies in SJCC.
2)      Said  -Cause No.   2016-215-  was without Constitutional Judicial Jurisdiction filled and brought to criminal trial in County Court of San Jacinto County, Texas, February 23, 9:00 A.M. 2017, presided over by JUDGE JOHN LOVETT.
3)      Defendant Pro Se in Cause Amends his initial plea of NOT GUILTY, to DISMISAL OF CHARGES PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE in the Defendant’s Cause No.   2016-215
4)      Factual Basis for Motion:  Said Court and Judges have no Constitutional jurisdiction to try Cause No. 2015-215  and have feloniously used said Court and Judicial Office conspiring  PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE  to feloniously injure Defendant Pro Se, Fr. Christopher D. Terry, O.P.  and violate Under Color of Law, The Defendant’s Constitutional Rights: Amendments I, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XXI, and Human Rights against Torture and Experimentation on Prisoners guaranteed by The Geneva Conventions from The Bench of Said Court by The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJCC Court of per causa Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett

Factual Basis for This Motion:  under Color of Law Violation of The Defendant’s IV Amendment Rights:  Amendment IV:   THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEARCHED, AND THE PERSONS TO BE SIZED.

Amendment V:  NO PERSON SHALL BE HELD TO ANSWER FOR A CAPITAL, OR OTHERWISE INFAMOUS CRIME, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY, EXCEPT IN CASES ARISING IN THE LAND OF NAVAL FORCES, OR IN THE Militia, WHEN IN ACTUAL SERVICE IN TIME OF WAR OR PUBLIC DANGER; NOR SHALL ANY PERSON ANY PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARDY OF LIFE OR LIMB; NOR SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITTNESS AGAINST HIM; TO HAVE COMPULSORY PROCESS FOR OBTAINING WITTNESSES IN HIS FAVOR, AND TO HAVE ASSISTANCE OF COUNSEL FOR HIS DEFENSE.

 

(2)
AMENDMENT VI:  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 ACCUSATION: TO BE CONFRONTED WITH THE WITTNESSES AGAINST HIM: TO HAVE COMPULSORY PROCESS FOR OBTAINING WITTNESS IN HIS FAVOR, AND HAVE THE ASSISTENCE OF COUNSEL FOR HIS DEFENCE.

Factual Basis for Motion of Disqualification/Recusal

Instanter issuing Investigating Officer: Corley Jr. Billy Wayne, Texas Department of Public Safety, Texas Highway Patrol Division, Offense Report # TX4KYLOUTI5U, File Title: Terry, Christopher Daniel,  County: San Jacinto,  Report Date: April 4, 2016 “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED” states IN SAID REPORT:
Details:
1.      This offense occurred on 04/04/2016 Monday at approximately 2102 on US 59 at milepost 450, San Jacinto County, Texas.
US 59 at mile post 450, San Jacinto County “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED” sworn to by Billy Corley in exercising his duties as an DPS State Trooper officer of the law in said County giving testimony to said Court via said report  PARTICULARlY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEARCHED, AND THE PERSONS TO BE SIZED  does not exist!

Count 1) Ergo,Igitur Judge Lovett and The County Court of San Jacinto County and SJCC Office of District Attorney have no Constitutional Jurisdiction in trying Defendant Pro Se, Fr. Christopher D. Terry, O.P. and could never possibly have had Constitutional Jurisdiction at any time to try, SINCE MILE POST 450 59 IN FACT DOES NOT EXIST AS A PLACE.

 

 Instanter issuing Investigating Officer: Corley Jr. Billy Wayne, Texas Department of Public Safety, Texas Highway Patrol Division, Offense Report # TX4KYLOUTI5U, File Title: Terry, Christopher Daniel,  County: San Jacinto,  Report Date: April 4, 2016 “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED did conspire to commit Malicious Prosecution and Obstruct Justice as an agent of  TDPS because said place of The Defendant’s arrest does not exist.

 

This factual basis for this Disqualification/Recusal Motion would have been clearly evident to Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett  in exercising their Court duty of due diligence in bringing charges and preparing for Pre Trial and responding to The Defendant’s Motion for Discovery which clearly pointed numerous manufacture of evidence by Instanter issuing Investigating Officer: Corley Jr. Billy Wayne, Texas Department of Public Safety, Texas Highway Patrol Division, Offense Report # TX4KYLOUTI5U, File Title: Terry, Christopher Daniel,  County: San Jacinto,  Report Date: April 4, 2016 “ UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED.

 

 

Notwithstanding,

 

Judge John Lovett has refused to disqualify himself in Cause No.   2016-215   and dismiss all charges against the Defendant per causa Malicious Prosecution and Obstruction of Justice therefore indicting himself of conspiring in turn to Maliciously Prosecute and Obstruct Justice in Cause No.   2016-215  presiding without Constitutional Jurisdiction convening an illegal, unconstitutional criminal trial of Said Defendant set by Lovett’s felonious court order as SJCC Judge, February 23, 2016. Criminal trial for the Defendant Pro Se, Judge Lovett in Court January 13, 2017.

 

 

Moreover, Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJC Court of Judge Lovett did conspiring to perpetrate Malicious Prosecution and Obstruction of Justice against Said Defendant

 

 

 

Break the 2012 Michael Morton Law  maliciously denying from The Bench in spite  pursuant of  the Michael Morton Law the DA’s “working for Justice and not convictions” said Defendant’s  legal right to have retested state BAC evidence at .321 through Perjury by Billy Corley, illegal blood warrant issuing Judge Earnest McClendon, Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the SJC Court of Judge Lovett  which was clearly manufactured to falsely and to maliciously convict the Defendant of a Class A Misdemeanor aggravated form Class B over a BAC of  .18.   To this vile felonious purpose Ass DA Mark Boemio and Christina Wood, immediately after Lovett in Discovery Court, January 13, 2017 broke The Michael Morton Law telling the Defendant Pro Se he lost his chance to have the false BAC .231 retested by Rachel Abel, the State’s  prosecution in  BAC Test expert witness of the TDPS Forensic Laboratory in Harris County who had done or most likely did not do a BAC test on the blood “sample” feloniously stolen from The Defendant by Rape and under false imprisonment Torture at CHI St. Luke’s by a contracted agent of TDPS Harris County Forensic’s Laboratory and CHI St. Luke’s  and filed a report she did the original BAC which test results stated with 99.7 the .321 BAC evidence against the Defendant admitted now by Lovett, “The Prosecution is prepared and has all that is needed to go trial.” In In then setting the date, February 23rd, 2017 for Trial Judge and Prosecution denied The Defendant due process of a Pre-Trial Hearing. in Cause No.  2015-215  in spite of not ever having had constitutional criminal jurisdiction in  Cause No.   2015-215 as the factual basis of this motion has already and manifestly shown.

 

 Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett,  as such, have not Recused themselves in a reasonable, lawful, and timely manner as warranted by both The US and Texas Constitutions, as such, This Motion for Judicial Disqualification was incumbent to be filed with the SJC County Clerk by Defendant Per Se.

Count 2)  Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett ignoring the factual basis of said Motion for Judicial Disqualification, all together did conspire to misuse the office of SJC County Judge and the SJC Court and Office of District Attorney  PER CAUSA MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE in Cause No.   2015-215 .

 

(3)

And did feloniously injure Defendant Pro Se, Fr. Christopher D. Terry, O.P.  and violate Under Color of Law, The Defendant’s Constitutional Rights: Amendments I, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XXI, and Human Rights against Torture and Experimentation on Prisoners guaranteed by The Geneva Conventions, from The Bench of Said Court by The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge John Lovett..

 
Defendant Pro Se as part of due diligence in his Motion for Discovery filed with the County Clerk of San Jacinto County returned to the actual particular place, as he recalled from memory, of the Defendant’s Malicious Prosecution False Arrest and Manufacture of Evidence without  PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEARCHED, AND THE PERSONS TO BE SIZED,  by San Jacinto County Deputy Jesse Slaughter #63. Slaughter, on the night of April 4th, 2016 recklessly drove the presumed innocent Defendant off the road into an Interstate 69 construction site causing damage to his vehicle and injury to his person without probably cause  SUPPORTED BY OATH OR AFFIRMATION by Slaughter who authored no official Offense Report on Probably Cause, nor cited The Defendant for any criminal violations including a traffic at the time.  Under Color of Law Violation of The Defendant’s IVth and Vth Amendment Rights by the appropriately named Deputy Slaughter, # 63, a reincarnation of Sheriff Humpy Parker or Son, in The Defendant’s  experience.

Defendant Pro Se at site of the actual violation of his IV and V Amendment Rights investigating asked TXDOT contractor working at the scene Adam Adams (832 527 0652) Civil Corp Survey Field Crew Head where Mile Marker 450 US 59 is.  The Defendant Pro Se naively equated at this time before the results of due diligence in Cause No.   2015-215   his memory of where the illegal stop and false arrest occurred with Billy Corley’s detail  “On US 59 NB at Milepost 450, San Jacinto County.”  Adam Adams replied there are not “mile markers” on State Highways, 59 or otherwise, only Interstate Highway’s like 69. Interstate Mileposts start at the Mexican Border.  Milepost 59 450 if it existed-it does not-would be 450 miles from the Mexican Border beginning at Laredo.  San Jacinto County is Apx. 360 miles from Laredo.  This means Mile Marker 450 US 59 -if it existed-would be almost a hundred miles North of  San Jacinto County, not “Mile Marker 450, US 59 NB, San Jacinto County” as Corley swears in his THPDO Report.

Ergo,  Judge John Lovett and The San Jacinto District Court does not have, and never had particular Constitutional Judicial Jurisdiction based on sworn oath via Probably Cause to bring criminal charges against The Defendant Fr. Christopher Daniel Terry, O.P. violating Under Color of Law, The Defendant’s Constitutional Rights: Amendments I, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XXI, and Human Rights against Torture and Experimentation on Prisoners guaranteed by the Geneva Conventions, from The Bench of Said Court by The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood in the Court of Judge Lovett by MALICIOUS PROSECUTION AND OBSTRUCTION OF JUSTICE in the Defendant’s case.

Count III)

Defendant Pro Se makes Motion for Disqualification of Judge John Lovett. This Motion is brought pursuant to Rule 18(b)(2) of the Texas Rules of Civil Procedure, which states in relevant part that, “A judge shall recuse himself in any proceeding in which: (a) his impartiality may reasonably be questioned; and…or (b) he has a personal bias concerning the subject matter or party, or personal knowledge, or personal knowledge of disputed evidentiary facts concerning the proceedings. Factual Basis for Motion. See Gaal V. State, No. PD-0516-10 (Tex. Crim. App. 2011).

 

Judge John Lovett is a member of a secret satanic outlawed society- The Brotherhood of Free Masonry is.  a self professed satanic politically and morally subversive monolithic global anti Castholic and racist conspiracy espoused in both their Scottish and York Rite Charters, local members like like John Lovett blindly pledge service in secret satanic rituals to annihilate Christendom and destroy the Roman Catholic Church.

The Local Lodge in Coldsprings has historic membership ties with fellow Masonic subversive organization, The Ku Klux Klan, from 1919 to 1945 during Prohibition in which the local KKK enlisted itself in local law enforcement to attack Catholic Churches and Catholics and Blacks violently under “Color of Law” pursuant of 1929 The Jones Act and White racist anti Catholic “nativism” . “The War on Alcohol-The Rise of The American State” Lisa Mcguir. Free Masonry Lodges are racially and religiously segregated against Blacks and Jews historically.  It is forbidden under penalty of Ex Communication for a Catholic to be a member of The Brotherhood of Freemasonry, being condemned more than any other faction in Encyclicals by the Papacy since this malicious anti Catholic anti Christendom subversive secret society was made known to the Pope in 1737.

Violating The Defendant’s XXI Amendment Rites- The Repeal of The XVIII Amendment or Prohibition- John Lovett’s membership in The Brotherhood of Free Masonry is cause enough for his disqualification as a bigoted and malicious judge rather than an impartial one.

 

As a Freemason John Lovett has never failed in any instance to treat The Defendant, an innocent until proven guilty Catholic Priest with hatred and contempt for being a Catholic Priest in the SJCC. Lovett glared continuously at the Defendant with unbridled hatred in his eyes. Blaming and humiliating The Defendant in Court for printing a Motion of Discovery document on both sides, when in fact The SJC Office of District Attorney made the copy in the first place. Lovett in SJC Court told The Defendant who voted for him as SJC Judge in the last election- “You do not tell this Court what to do”.  Judge Lovett, who has never read The US Constitution Section Three on the Judiciary apparently from all his words and actions in Court is a tyrannical judge, not an elected judicial servant of the people like Judge Wayne Mack of Montgomery, County who as Judge is the polar opposite of Lovett.

 

John Lovett, an elected County Judge, does not have a law degree, has no previously judicial experience before being elected judge. Neither did John Marshall. Most lawyers, if not all who go to modern law schools are completely oblivious to U.S. Constitutional like the current members of the US Supreme Court. Lawyers like Abraham Lincoln, John Adams did not go to law school, and were not members of ABA, they read the law constantly though.. They read and memorized The US Constitution and Bill of Rights, studied Torts, and sat in on trials tried by just and prudent judges, prosecutors, and defense attorneys. The Bench of Said Court of The State of Texas via Judge John Lovett and Ass. San Jacinto County District Attorneys: Mark A. Boemio and Christina T. Wood is the absolute polar opposite of the original US Constitutional System of Justice, the best and brightest in World History up until 1919 and the passage of the XVIII Amendment Prohibition. The Defendant Pro se has experienced nothing in this utterly criminal court to suggest any of the above have even read The Constitution much more seriously studied it or implemented it in the SJCD Court judiciously in anyway. Cause No.   2015-215 gives ample evidence of the utter ignorance of The Law and malicious contempt for the founding principal “Innocent until Proven Guilty”. In Cause No.   2015-215, a complete abortion of Justice, The Defendant was without pause always contemptuously treated by Lovett and Boemio as Guilty, a despicable Mother’s Against Drunk Driving  poster Priest (Completely fraudulent fund raiser con job fake organization now condemned by the original founder Christine Litchner as “Neo Prohibitionist”) as a hardened criminal drunk whose going to kill a mother and infant in an accident.  This bias and bigotry reigned in Cause No.   2015-215   though all evidence from Billy Corley’s Report proves beyond a reasonable doubt Defendant did not have a .231 BAC at the time of his false arrest (and moreover) did not have one drop of alcohol his system at the time he was first run off the road by Dpt. Sheriff Slaughter, #63 until Defendant was raped with a blunt object falsely imprisoned at Chi-St. Lukes, Livingston, threatened with grave bodily harm and tortured and his blood  taken from him in spite of  a signed Refusal, illegally warranted  by court order from a Polk County Judge, Earnest McClendon who had no jurisdiction and authority in any legal realm to warrant so. He is another tyrannical i Freemason Judge domestic enemy of the Constitution of the United Sates, like John Lovett.

 

The Defendant Pro se was demeaned mocked repeatedly by both Lovett and Boemio for exercising his right to represent himself before an impartial judge and jury of his peers. Boemio lied CONSISTENTLY to the Defendant in Court and outside of Court about law and facts promoting malicious prosecution and obstruction of Justice in regard to the following Count 4. The Defendant can think of no one instance outside of Court, or in Court verified by the Court Record where Boemio did not lie before Lovett who accepted all his lies from the Bench in maliciously prosecuting The Defendant and the Defendant in Obstructing Justice.

 

 

 

In The War on Alcohol-The Rise of the American State, Lisa Mcguuir demonstrates historical the rise of the Penal Police State and destruction of American Civil Liberties through forsaking their Constitutional Rights to a fair jury trial by “plea bargaining” to avoid draconian sentences. The 1929 Jones Act sanctioned  possessing of a thimble full of alcohol or consuming any amount of alcohol a Federal Offense- Class A Felony punishable by one year in Federal Prison and a Ten Thousand Dollar Fine. Anyone who witnessed someone consuming alcohol and did not turn the drinker or bearer into police ia an accomplice and shared the same the same legal sanctions. Considering in 1929 Gold was at $10,00 an ounce- Catholics and Blacks who made their own wine and beer at home- 99.9% of the “bootleggers” prosecuted until the repeal of Prohibition in 1934- would not only see their child starve as they languished in New Federal Prisons for a year-First Offense- but also had to pony up what was equivalent to then gold standard backed currency- 1,000 ounces, or one hundred pounds of gold first offense.  Prohibition, The “War on Alcohol,” and born at the exact same time “The War on Drugs” caused the astronomical growth in incarceration and building of prisons that continues unabated today especially in the racist genocide of young Black men.

 

This situation has not changed, certainly not in San Jacinto County, where Sheriff Humpy Parker and son  for almost thirty years just like Sheriff Slaughter, ran innocent victims off the road to then be subjected to false imprisonment, torture and rape- and often murder as well all under the “Color of Law” in The War on POM.  Parker and crew falsely imprisoned, tortured, and murdered numerous victims.  Parker and son received a slap on the wrist in the end. The many non investigated murders Parker did, were done to strangers passing through. Their bodies were  placed on a chosen road to be run over at night by innocent motorists. The same court that not knowingly enabled Humpy parker, SJCC, today knowingly under Lovett enables Deputy Slaughter and TDPS DUI criminal justice system.

 

 

The above mentioned Judge has in the past deliberately violated other litigant’s personal liberties and/or has wantonly refused to provide due process and equal protection to all litigants before the court or has behaved in a manner inconsistent with that which is needed for full, fair, impartial hearings.

The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS.

 

Count 4) Lovett and Boemio in SJCC Monday pleadings were observed by Defendant Pro Se on several occasions over several hours in 99.9 % plea bargaining by Defendants, 98% of motions brought by Ass. DA Boemio to dismiss charges were given to “scantily clad woman and girls.”  Their faces were often both angered and humiliated as they were paraded before Lovett by Boemio and leered at. This is probably cause to suspect multiple counts of wire fraud and witness tampering by Lovett and Boemio, and convene a Grand Jury to indict.

 

None scantily clad women and girls were all treated with the same contempt as fodder for DUI POM Department of Public Safety 2.5 billion dollar cash cow.  The Defendant was during this whole period the only one to plead Innocent, moreover, Defendant Pro Se.  The Defendant sat for several hours, several times in SJCC observing this annihilation by “plea bargaining” of the once great American System of Justice. The Defendant was always the very last one in Court at the end of session to face Lovett and Boemio alone- violating his right to “a Public Trial.”.

 

 

Therefore, Petitioner demands said judge recuse themselves in light of the evidence detailing prior unethical and/or illegal conduct or conduct which gives Petitioner good reason to believe the above Judge cannot hear the above case in a fair and impartial, much less malicious and bigoted manner.

 

 

 

 

Count 5)  Judge John Lovett and Judge Ernest McClendon hold Texas Rule of Evidence No 401 in utter contempt  in judicial proceedings dealing with DUI prosecutions.

 

Factual Basis for Motion to Disqualify Judges:

 

DWI case dismissed because judge listed as witness

Judge Kaycee Jones was at scene of DWI, issued blood draw

By Joel Eisenbaum – Investigative Reporter

Posted: 10:05 PM, June 29, 2016Updated: 10:35 PM, June 29, 2016 HOUSTON – A District Court judge, previously reprimanded by the Texas State Bar, is also the subject of a formal complaint to  the Texas Commission on Judicial Conduct, Channel 2 Investigates has learned.

Judge Kaycee Jones was elected in 2012 to Texas 411th District Court. Jones is tasked with dispensing justice in felony criminal cases and child custody matters, among other duties, in San Jacinto, Trinity and Polk counties.

Channel 2 Investigates recently uncovered documents that showed a DWI case in which she issued a blood draw warrant had to be dismissed, because Jones was also listed as a witness in the case.

“Well, it was just unfortunate that the case had to be dismissed under those circumstances,” San Jacinto County Judge John Lovett said.

Lovett said he had no choice but to dismiss the criminal case, because the state’s primary piece of evidence was inadmissible.

“You can’t be a judge in a case where you’re a witness,” Brian Wice, a former judge and KPRC Channel 2 legal analyst, said.

On the night of April 20, 2014, Jones was the on-call magistrate during a DWI “No Refusal” weekend when she volunteered to ride-along with a DPS trooper, looking for DWI offenders.

Documents obtained by KPRC Channel 2 showed the trooper listed Jones as a witness to an arrest, while at the same time, she was charged with impartially determining whether blood should be drawn from the person stopped.

“District Court judges have no business sitting inside a DPS squad car on a ‘No Refusal’ weekend,” Wice said.

Jones declined KPRC’s interview request and offered no comment at the San Jacinto County Courthouse.

Also at issue is whether the judge specifically instructed the trooper to leave her name off the application for the blood draw warrant.

The trooper offered testimony on the matter during a motion to suppress evidence in the DWI case.

“She instructed you not to put her name as a witness?” the defense attorney asked.

“She told me she was not needed, so I didn’t list her,” the trooper said.

Channel 2 Investigates has uncovered paperwork that showed at least one person has filed an official complaint with the Texas Commission on judicial conduct because of the matter.

The state panel looks into allegations of wrongdoing by judges. The panel conducts business largely out of the public eye, and most of the group’s investigative work is not subject to open records.

It is possible Jones could be disciplined to some degree without the public’s knowledge. Channel 2 Investigates has no evidence the judge has sustained any complaint against her.

 

 

 

Court 6) Factual Basis of Malicious Prosecution via Obstruction of Justice.

 

SJCC Reset Discovery Court: 12/20/2016  Defendant Pro Se had made Motion for Discovery to Lovett to have retested the BAC test which came back .231 from the DPS after nearly a month, after The Defendant had been maliciously imprisoned in solitary confinement for almost four days- a cruel and unusual punishment for DUI and anyone still presumed innocent, not convicted in a court of law as guilty. During this time his rescue dogs having gone four days without water and food were shot to death foraging on an adjacent property, and his sister Kay died an early death from cancer denied a final phone call to say goodbye to her brother the Priest and tell each other they loved one another. The Defendant did not return his mother’s increasingly frantic calls from Solitary confinement logged on his confiscated cell phone and only learned of his sister’s death after being released and the return of his mother’s voice mails to him while in confinement via his cell phone.

 

The Defendant received Lovett’s verbal contract in SJCC 12/20/2016  Lovett would sign “Pursuant of the 2012 Michael Morton Law” that District Attorneys work for Justice and not convictions (Texas consistently leads all States in False Convictions in all criminal categories every year) to retest Forensic Evidence (.231 BAC evidence) for validity in the interest of Innocence and Justice. The Defendant Pro Se thinks Lovett who is completely ignorant of the law, and does not read Law, only read The Discovery Motion in Court during proceedings. This is what the Defendant Pro Se witnessed Lovett doing routinely in all court causes The Defendant witnessed. Therefore, he thinks Lovett did not know what the 2012 Michael Morton law actually said or entailed.. Nonetheless, in spite of a barrage of distortions and outright lies of fact by Ass DA Boemio, Lovett in fact agreed he would sign a court order for the .231 BAC retesting . Defendant requested the court “may” pay for the retesting because of his vow of poverty. Boemio in his attempt to obstruct justice lied to the Defendant about the prohibitive cost of retesting in a lab other than the Harris County DPS Forensics Lab, which has the worse professional and ethical reputation in the Country for evidence tampering, and simple not doing their duty in a timely fashion- a back log of five thousand untested Raoe kits is a prime example. Justice delayed is Justice denied. Defendant Pro Se discovered this same TDPS Harris County Forensic Laboratory backlogged by over 2,000,000 DUI organized crime government corruption cash cow prosecutions gets $60 per BAC report. There is evidence in Cause 2016-215 the TDPSCL routinely does not bother to actually do the BAC, only issue a false and misleading report. . For $60. Dollars in literal blood money Texas DPS organized crime falsely imprisons everyone without exception on DUI Instanter based solely on the Instanter Officer’s testimony  Lovett over the objections of Boemio and to his complete chagrin said the Court would pay the cost  for the BAC .231 retest. The Defendant at that time did not know it was only $60 and was grateful for this uncustomary seeming helpful behavior by Lovett to Defendant’s  Cause.

 

Defendant left elated then and returned on reset to a Discovery Court on Juanuary 23rd with a court order written by Defendant Pro Se to be signed by Judge Lovett as previously agreed by Lovett in Court on Dec 20th, 2017 to do so. Said court order ordered Rachel Aubel, TDPS Forensic Lab BAC technician Harris County an expert witness for the Prosecution in this case, who did issue TDPS Crime Laboratory Case Number: HOU-1604-04344 Alcohol Content Laboratory Report, April 29, 2016- 25 days after April 4, 2016 illegal blood draw order by fellow expert witness for the Prosecution, Danny Vandemen, R.N. employed by “CHI-St. Luke’s Livingston” while handcuffed and falsely imprisoned, threated with physical violence, tortured and raped with a blunt object in direct retaliation for telling the CHI-St. Luke staff on April 4th, 2016 that The Defendat Pro Se’s Constittuional Rights and Geneva Convention Human rights are being violated under color of law malicious prosecution and  at the “CHI-St. Lukes” The Defendant Pro Se is a College Professor who teaches Philosophy of Law, as well as Legal Ethics and has a professional understanding and scholarly expertise in world legal traditions both Religious and Secular from Prehistory,  Catholic Canon Law, as well as English Common Law, The US Constitution and Bill of Rights.

 

Said  illegal blood draw, in spite of Defendant Pro Se’ signed refusal to said blood draw and theft was warranted by Judge Earnest McClendon 258 District Court 101 West Mill Street, Ste. 286, Livingston, Texas 77351 Phone 936-327-6847 Fax 936-327-6881.  Instanter issuer Billy Corely, TDPS in his TDPS HPDOR #TX$KYLOUTI5U April 4/2016 states:

 

13.) I transported Terry to Chi St. Luke’s Hospital.

 

14) Upon arrival at the hospital, I read Terry the DIC 24 and asked if he would provide a blood specimen and he replied “No.”

 

Said sworn statement 14 by Corley in fact is completely fictitious. None of 14 happened as Corley swore .

 

Rather at the time Corley issued his Instanter on April 4th, 9:00 P.M., 2016 sentencing and sending  The “presumed innocent” Defendant to four days in Solitary Confinement on Coreley’s testimony alone The Defendant to almost four days of Solitary Confinement at the SJC Sheriff’s Jail, which clearly states the Instanter was issued at US-0059 MP-450 in San Jacinto Co, a nonexistent location in San Jacinto County. At said time, The Defendant told Corley recalls, after Corley informed Defendant Corley was transporting him under arrest to have his blood drawn, Defendant consistently REFUSED out of moral and Constitutional principles to  have his blood drawn asserting his 4th and 5th Amendment rights.  Corley at this time then tendered a Refusal Form for the Defendant to sign, which the Defendant signed promptly.at this time. Defendant Pro Se via Discovery obtained a copy of his sign refusal from SJCC Cause No.   2015-215 DA file. Furthermore, Defendant Pro se has legal copy of Statutory Warning DIC 24 4-4-2016, stating the time of the Arrest at 21.02, San Jacinto County which states checked and signed by Defendant Pro Se Christopher Terry, subject refused to allow the taking of a specimen as evidence of by his/her signature below. This in turn was signed by Billy Corley. This signed refusal as warned triggered TDPS via Corley to illegally confiscate the Defendant’s TDL 2468 4570 for 180 days and his CDL the source of his livelihood as a school bus driver for a year unknown then to the Defendant. This illegal unconstitutional confiscation of Defendant’s CDL persists to this day. Corley, as falsely stated  in said 14) did not read the Statutory Warning to the Defendant at that time violating the Defendant’s Writ of Habeas Corpus by not reading then to The Defendant  as required by Statutory Warning that he may request a hearing on suspension or denial.

 

Nowhere in Corley’s SJCPCA for Warrantless Arrest Case #4KYLOUT5T does Corley swear The Defendant ever signed A Formal Refusal before heading to CHI. St. Luke’s.

 

The fraudulent manufacture of evidence in this Cause No. 2015-215 of Malicious Prosecution against the Defendant which produced a .231 BAC result at “99.7 confidence level of accuracy” via Rachel Abel DPS Harris County Forensic Lab BAC technician contradicts  the truth- The Defendant  had no alcohol OO.OO BAC in his blood at the moment of his illegal arrest and the whole time of his false imprisonment and at the time of his BAC fraudulent test  bloodletting by rape with a blunt instrument at Chi St. Luke’s Living ston, Polk County-but also the legal validity of the Defendant’s signed Refusal’s triggered confiscation of the Defendant’s TDL and CDL for a year in retaliation of Defendant’s signed refusal  in that at .231 almost three times the legal limit, a normal person has completely lost control of his mental and physical faculties making a signed confession legally invalid.

 

Nowhere in said sworn report does Corley anywhere mention the any observations of the Defendant such as complete loss of his mental and physical faculties, incontinence, black out, car crash definitive of .231 BAC.  .231 BAC is the highest BAC possible on the BAC standard chart.

 

At the time the Defendant was falsely imprisoned, threated with physical harm, tortured and raped with a blunt object at CHI St. Luke’s under the auspices of The SJC Sheriff’s Department, TDPS, SJCC, 258th District Court, Livingston,Texas, and Cardinal Daniel Dinardo as Chi St. Luke Corpus Sol partner and Medical Ethics policy maker.  Three and a half hours after his illegal arrest by SJC Dep. Sherriff Slaughter, no. 63. The Defendant’s BAC in spite of the malicious prosecution manufacture of a .231 BAC at “99.7 confidence level” of accuracy- a total lie about the accuracy of the BAC testing regimen to produce accurate results in testing to trick those charge with DUI who have already spent time in jail to plead. A clear case of double jeopardy. And not question the validity of the BAC test as the Defendant did immediately when he was informed over the phone by Ass DA Boemio his alleged BAC was .231.  To which the Defendant-after he held the phone away and busted out laughing- said- “It could not possible be that.”  In response Boemio replied (The Defendant had told Boemio repeatedly he would not plead)  “In our system you have the right to question the accuracy of the test. I do not know anything about forensic science (I.e. the BAC test- this is the only time Boemio spoke the truth) but I do know this the BAC test is 99.7 accurate. After .18 BAC the DUI charge becomes a Class A Misdemeanor. Second Offense a State Felony”   Conviction mandates a year to six months in prison, and thousands of dollars in fines, suspension of license, and court costs. Although the defendant told DA Boemio he would not plead, Boemio said then he did not know if retesting the BAC sample of the Defendant’s blood was even possible to split the sample. The Defendant would be financially responsible for finding a laboratory acceptable to the State to retest. The Ass Da said that independent laboratories often send out their sample tests to other laboratories, even out of state, where the tests are done. The defendant would be responsible for presenting the BAC technician who ultimately does the retesting in court to be examined on procedure by the State BAC expert. This is all complete distortion and lies to protect manufacture of evidence and malicious prosecution of the Defendant in Cause No.   2016-215. Then Ass DA Boemio concluded even though he had been told repeatedly that the Defendant had no interest in pleading that “If you plead Guilty, I will let you off with two to four months probation and court costs” which he said were a little over two hundred dollars. Defendant, on principle, and who has taken an oath to defend the US Constitution against domestic enemies, as well as a Catholic Priest who saw experienced  first hand how innocent Americans in Texas by the millions are violated and dehumanized by an un-American communist government through a bogus war and alcohol, war on drugs via a criminal justice system that has completely betrayed the Bill of Rights, said no.  At .231 a drunk driver has a 33% possibility of fatal or near fatal car crash. These are the criminal DUI that actually kill mother’s and there children in car crashes. Defendant holds that the DUI Class A Misdemeanor sanctions over .I8 are just- First Offence: One year to Six months prison- 10,000 dollar find- One Year Suspension of License Mandatory. Second Offense- Class A Felony. Permanent Suspension of License. Yet Boemio merely to protect the TDPS Two Billion Dollar plus DUI cash cow government and police corruption scam told the Defendant if he pleaded Guilty-(Which means if he lied to Judge Lovett) he would be let off with 2 to 4 months probation and a couple hundred dollars court cost.  There is no honor among  thieves. The Defendant understood that he or anyone could be falsely arrested on the 59 again after pleading guilty and charged with a Felony and have the book thrown at them,

Count 6) Motion for Disqualification of Judge Earnest l. McClendon, 258th District Court, Livingston, Polk County, Texas.

 

 

Factual Basis for Motion to Disqualify

  1. Corely Report# TX4kYLOUTI5U- I  “I called Judge McClendon and Requested a blood Search Warrant. Judge McClendon, then granted my blood search warrant at approximately 2302. The Blood search warrant was than executed at approximately 2310 by Danny Vanderman, RN from CHI St, Luke’s Hospital, Livingston Hospital. Vanderman utilized a non-alcoholic cleansing solution (betadine) to the right arm of Terry and drew blood at approximately 2310. Two tubes of blood (Exhibit one) were secured in my locked patrol car for transport.”

 

Judge McClendon, 258th District Court Livingston, Polk County,Texas,did not have Constitutional Jurisdiction to issue the blood warrant. The place of arrest, numerous times stated by Corely in sworn report is NB 59 MP 450 San Jacinto County. This place does not exist.  Judge McClendon violated under Color of Law as a US Judge the Defendant’s IVth and Vth Amendment Rights, and denied him his Writ of Habeas Corpus in issuing said BAC blood warrant without constitutional jurisdiction as a judge. McClendon’s illegal and criminal unjustified blood warrant in his malicious prosecution of the Defendant’s False Arrest and Manufacture of Evidence triggered the torture and rape by blunt object of the Defendant at CHI St. Luke’s Livingston at said time and place.

 

The Order for Assistance in Execution of Search Warrant, State of Texas, County of San Jacinto affidavit was illegally and fraudulently signed under Oath by “Judge” Earnest McClendon- “Ordered this the 4th day of April, 2016 at 11:02 P.M. to which witness my hand this day.

 

EnMcClendon

 

Magistrate in and for San Jacinto County, Texas

 

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