Defendant Forced to Testify as Witness Against Himself - Third Circuit Pushed to Overturn Conviction

Tuesday, 27. October 2020 10:10

UPDATE ON BLACK-AMERICAN POLITICAL PRISONER CARY LEE PETERSON'S PHANTOM SENTENCING HEARING, LEGALLY IMPOSSIBLE & ERRONEOUS SENTENCE PER TRIPLE DISQUALIFICATION CAUSED BY RECKLESS DOJ SUBORDINATES AT AG BILL BARR'S OFFICE, WITH JUDICIAL ACTIVISTS THAT ARE OLD FRIENDS OF FAMILY & FORMER PRESIDENTIAL CANDIDATES

LANCASTER, Pa., Oct. 27, 2020 (GLOBE NEWSWIRE) -- An African-American political activist, turned political prisoner at FDC SeaTac, after a politically-influenced, vindictive prosecution in the U.S. District Court for the New Jersey District-- (resulting in a civil lawsuit against President Donald J. Trump and U.S. Attorney General William Barr in the U.S. District Court for the District of Columbia (https://news.yahoo.com/news/president-trump-u-attorney-general-130000934.html))-- pushes emergency petition to overturn a "procedurally unsound" prosecution, after he was denied his constitutional right to self-representation due to legal incompetence, but forced to testify against himself as a witness in his own criminal trial hearing, according to the court transcript.

PHANTOM TRIAL COURT TRANSCRIPT AT N.J. FED COURT (FILIBUSTERING & LEGAL IMPOSSIBILITY #1)
The court record shows that the U.S. Court of Appeals for the Third Circuit began proceedings for direct appeal case 'UNITED STATES V. CARY LEE PETERSON (Appeal No. 19-1093 USCA3),' January 11, 2019, while Peterson's criminal trial case sentencing proceeding, dated May 10, 2019 (before United States District Judge Anne E. Thompson in Trenton, New Jersey) [i.e. U.S. v. Peterson, 3:16-cr-00230-AET-1, 3d Cir. D.N.J. at Doc. No. 170], took place, but remains unsettled without final judgment, in the present.

Since July, Peterson, and his legal representatives and family have continued to request copies of this trial court transcripts, purportedly available for purchase and public viewing by the general public, notwithstanding J & J Court Transcribers and the court reporter Kimberly Stillman not responding to emails, call requests, and legal motions for these (unrestricted) public records- particularly the court transcript for the May '19 sentencing hearing that occurred in New Jersey while Peterson was incarcerated at FCI Sheridan (Oregon).

LEGALLY IMPOSSIBLE SITUATIONS & STONEWALLING (SHARED BAIL BETWEEN TWO DEFENDANTS, ETC.)
Despite the "legally impossible" docket entry [170] revealing a sentencing hearing that Peterson never attended, or filed waiver of appearance to (or had an attorney present on his behalf), another trial case docket record [171], filed by U.S. Attorney Craig Carpenito's office, July 30, 2019, promulgated a conviction [i.e. Case No. "2016R00418"] of a political organization [i.e. "U.S. v. Bet on Bernie (Carey Peterson)"] sharing a $200,000 cash bail surety and bail order [i.e. "Doc. No. 19"] with Peterson in June 2016.

However, as any layman knows, it is generally impossible for an organization to be jailed; two defendants to share a bail bond or surety; or a direct appeal case to be going on at the same time while the trial case remains active without a final judgment for the said defendant under prosecution.

Even after Peterson brought the multiple legally impossible findings (that usually unveil illegal sentencing or miscarriage of justice), the Third Circuit continued Peterson's direct appeal proceedings for 23 months, denied him bail pending appeal, and rendered a 'non-precedential' judicial opinion earlier this month, stating that Peterson's appeal was denied due to him not providing the appeal review panel with a trial court transcript, and acting as a 'loony lobbyist' with "license to flout procedural rules," per (solitary) decree from United States Circuit Justice Theodore McKee, who authored the unpublished opinion, (ironically) submitted thirty days after the required deadline under local circuit rules. (Read more on how this came about at https://tinyurl.com/tk-confession-news

TRIPLE DISQUALIFICATION ('THE TORTOISE & THE HARE')
However, court papers going back to July show that Justice McKee was statutorily disqualified from the appeal review judicial panel, due to his financial interest (https://tinyurl.com/mckee-fec-records) in a former 2020 presidential candidate Peterson is currently suing, in three separate lawsuits, in the D.C. Federal Circuit Court, and the federal district courts in Nevada and Capitol Hill.

Civil rights lobbyist Cary Lee Peterson began his petition for reversal and immediate release from prison by reminding the United States Court of Appeals that the appellee's filing of a trial court transcript (excerpt) [i.e. "D.I. 105, Appx. Vol. 3. at SA1091"] shows that "CARY LEE PETERSON" was a witness against himself [i.e. "Page 5"; "SA1091... WWW.JJCOURT.COM" at footer of the page], "examined" in his [own] criminal trial case. Nonetheless, the Fifth Amendment states that such an occurrence is a violation of the Due Process Clause, which generally constitutes an automatic reversal of any criminal trial conviction when discovered.

AG BARR & RECKLESS DOJ SUBORDINATES (PETERSON V. TRUMP-BARR LAWSUIT ON CAPITOL HILL)
Last week's court record update, in correlation with predated court filings, left the case without proper refereed precedence of a normal criminal appeal case, since the (‘pro se’) lobbyist Cary Peterson (e.g. the hare) evidentially began running before 'the race' [appeal case] officially started, and was never allowed to file a (proper) principal appeal brief, or obtain trial court transcripts to provide the appellate court under "Federal Rules of Appellate Procedure 10," according to Justice McKee-- and [contrarily] the Assistant U.S. Chief Appeals Attorney Mark Coyne (e.g. the tortoise)-- who told the court that he was too busy in a U.S. Supreme Court case suing his boss AG Bill Barr (‘UNITED STATES V. WILLIAM BARR) to file his appellee brief on time-- hence, keeping running after 'the race' [appeal case] officially ended, after requesting three (ex-parte) filing extensions, and [improperly] granted "nunc pro tunc" (by the court clerk) while Peterson was obliged to full-day COVID-19 lockdown at FDC SeaTac, Bureau of Prisons.

If that wasn't enough, court records from the Third Circuit show that AUSA Mark Coyne made two notices of appearances as an attorney in non-governmental cross-litigations filed by Peterson [i.e. Cases 19-3632, 20-1585] for non-governmental organizations and private citizens, while serving as the appellate prosecutor for U.S. Attorney Craig Carpenito in Newark, New Jersey, in Peterson's direct appeal case in the 'USCA3.'

Seemingly U.S. Attorney General Bill Barr's "subordinate" Mark Coyne's litigious influence by spectrum, fee, or margin error, passed over to "legislative solicitor" Cary Peterson, who filed a lawsuit against [AUSA Coyne's "superior"] AG Bill Barr and [Barr's "superior"] President Trump (https://apnews.com/press-release/globe-newswire/election-2020-virus-outbreak-race-and-ethnicity-donald-trump-intelligence-agencies-b0922fc4ec1fcca1144337e853fa403e) last month, for '(uneven) racial injustice,' among other civil rights claims, including failure to release his FBI reports that Barr's office agreed to declassify a year ago (https://news.yahoo.com/fbi-agree-release-classified-reports-165824979.html).

PERSONAL & POLITICAL INTERESTS IN COMMON (THE JUDGE & THE LOBBYIST ADVOCATE CIVIL RIGHTS)
At the end of the day pertinent and critical questions [in-and-out] of the court and polls remain unsolved: Why did Justice McKee-- an African-American federal judge, who was classmates with Peterson's uncle that was formerly a Xerox engineer; and has (past and recent) participation as an advocate for LBGTQ rights and prevention of police brutality against minorities)-- allow Peterson's case to run afoul for so long, despite both parties technically being disqualified more than a year ago; whereas the technical and constitutional error(s) resulting in 'legal incompetence' or 'legal impossibility' would generally be deemed as 'plain error,' thus cause a reversal in any court trial conviction, of which the U.S. Supreme Court ruled as an "erroneous sentence" in MOLINA-MARTINEZ v. UNITED STATES, (2016).

SEE COURT PAPERS RELATED TO NEWS CONTENT
https://drive.google.com/drive/folders/1m3GnLn26frV-1NOdohO_LcS2Li-KPpab?usp=sharing

RELATED NEWS
Update Disqualified Federal Judges Deny Inmate Jury Trial on BOP COVID-19 Outbreak Lawsuit ... (Oct. 15, 2020)
https://apnews.com/press-release/globe-newswire/election-2020-vir...ethnicity-joe-biden-donald-trump-e30aa094cecaf3a3cd263de76da14fae

Update on President Trump & AG Barr Sued for Vindictive Prosecution Against Black ... (Oct. 15, 2020)
https://apnews.com/press-release/globe-newswire/election-2020-virus-outbreak-race-and-ethnicity-donald-trump-intelligence-agencies-b0922fc4ec1fcca1144337e853fa403e

George Floyd (LEPS) Act 2020 Bill Prop. Filed with Congress by Political Prisoner Near CHOP/CHAZ (July 17, 2020)
http://finance.dailyherald.com/dailyherald/news/read/40186233

Michigan joins fight against human trafficking (Feb. 25, 2015)
https://www.truckinsurancenitic.com/company-news/332-michigan-joins-fight-against-human-trafficking.html

OTHER RELATED COURT PAPERS AND PERTINENT DOCUMENTS:
https://drive.google.com/drive/folders/164n2NxKWHW1YZS1BESEI8iAjjn6QrDC5?usp=sharing

Media Contact:
Amanda Liu (Publicist)
Robert Peterson & Fields Associates
[T:] +1 (213) 986-4414; or
[E:] liu.amanda@rpflegal.com

OTHER RELATED NEWS:

Confession Email on Court Record Unveils Seattle Law Firm Linked to Erroneous Sentence & Inexplicable Prosecution   (Oct. 27, 2020https://tinyurl.com/tk-confession-news

Coronavirus Prison Outbreak in Seattle FDC Black & Hispanic BOP inmates exposed to   (Sep. 11, 2020) https://apnews.com/globe-newswire/e6e339872cef83466d3bf2bd18a35349

COVID infections hit 31 inmates and 6 staff at federal detention center in SeaTac   (Aug. 28, 2020) https://www.seattletimes.com/seattle-news/health/covid-infections-hit-31-inmates-and-6-staff-at-federal-detention-center-in-seatac

Black Political Prisoner Seeks Bail Pending Appeal After COVID-19 Infection Attack at Seattle FDC   (Aug. 28, 2020) https://apnews.com/press-release/globenewswire-mobile/5fe88f3947630419dfc3fd9914c8eaec

Court order denying release of political prisoner leads to demand for liberty or death sentence   (Oct. 15, 2019) https://apnews.com/press-release/[object Object]/4890b4e27b462ba5852cb689439fada1

FBI agree to release classified reports on lobbyist tied to Bernie Sanders Scandal   (Sep. 25, 2019) http://news.yahoo.com/fbi-agree-release-classified-reports-165824979.html

Fed Judge Helps US Attorney Leak Bank Records into New Jersey Jail    (Jan. 4, 2019)
https://emwnews.com/fed-judge-helps-us-attorney-leak-bank-records-into-new-jersey-jail/

Public Notice - Civil Action Filed for Data Breach; Cary Lee Peterson v. Foster Garvey P.C., et al. (D.C. Cir.)   (Dec. 10, 2019)
https://www.einpresswire.com/article/503866983/public-notice-civil-action-filed-for-data-breach-cary-lee-peterson-v-foster-garvey-p-c-et-al-d-c-cir

NWOP Host David De Livera Interviews Cary Lee Peterson on Bernie Sanders, GreenJobs4Vets, Medical Marijuana, & James Bond   (Sep. 2016)
https://youtu.be/13VCyTF31iE

 

Primary Logo

Related Links: 
Author:
Copyright GlobeNewswire, Inc. 2016. All rights reserved.
You can register yourself on the website to receive press releases directly via e-mail to your own e-mail account.