Essay: ANATOMY OF IGNORANCE, ARROGANCE and TYRANNY -Why A Novel Watchdog For New Orleans Corruption Might Not Work
Facts About An Ongoing Litigation In New Orleans Courts
(*a condensed version is being sent to media nationwide)
This essay is motivated predominantly by three things: New Orleans City leaders’ urging the hiring of a corruption watchdog; additional recent unflattering news information about New Orleans U.S. District Judge G. Thomas Porteous Jr.; the latest Louisiana supreme court examination into why yet another judge should be suspended for his serious admitted abuse of person(s) litigating in his courtroom and various abuses of his judicial authority. *For persons unfamiliar with what the following is all about, please try not to draw things out of perspective from many postings on this website. Also, I try to catch typos and errors, but my readers know that I solely do my own writing, as well as maintain my litigations in court. I’ve posted a nationwide appeal for help, and until help comes, I am doing my best at this time. *Latest Judicial News: Around November 29, 2006, the Louisiana Supreme Court will determine whether Judge Wendell R. Miller is fit to hold office. Facts regarding Judge Miller’s incredible conduct, are contained in a lawsuit and in the 3rd Circuit ruling for: Michael J. Viator versus Wendell R. Miller.
Whether or not a novel corruption watchdog gets instituted in New Orleans, it appears to have the same effect as hiring a watchdog to supervise alcohol factory employees with drinking problems and permanent tenure. A watchdog can be an exercise in futility if the watchdog has no authority to do anything about alcohol prone people! Also, that watchdog not well versed in myriad facets of booze including types which have no smell, has limited effectiveness.
By the same token, it is common knowledge that New Orleans already has the Metropolitan Crime Commission, the Office of the United States Attorney General, the Public Integrity Bureau, Crimestoppers, the FBI, and there are other organizations. Those groups sound formidable and efficacious, which begs the question: How could the City of New Orleans corruption become and remain so out-of-hand that it is a city recognized around the world for corruption, racism, cronyism, elitism, poverty, oppression, social apathy -in a nutshell, a Banana Republic? Can there be a creation of a big enough watchdog? If the United States Attorney General’s Office can get a handle on convicted former Governor Edwin Edwards, Bail Bonds Unlimited, and so on, what keeps corruption flourishing? The answers lie in uncovering the methods which fixated jurists ensure New Orleans functions to their gratification. However, when the mere hint of accountability and transparency OFFENDS any almighty, prestigious, elitists (legends in their own minds -and that of those who benefit from serving their needs) powers that be, rather than becomes WELCOMED because there is nothing to hide, and for the good of a city renown of despicable leadership, the tail wags the dog.
The reality that the New Orleans civil court system –at the federal and the city level, is at the root of what will always be wrong with New Orleans, translates into the same benefit as implementing a watchdog for tenured alcoholic employees. In particular, whatever controversies or wrongs which take place in personal lives and various New Orleans governing bodies –including the shameless public school mess, unless people duke it out on the street, people hope to obtain resolution of their controversies through the judicial system. However, for some attorneys and judges people’s become the tools for great gratifications, perks, and lobbying courtrooms.
Things which have transpired in the last 7 days between several attorneys and myself, accentuates the point I have been making all along regarding New Orleans JUDICIAL corruption. It is remarkable how my January 2006 essay entitled, “Casualties From New Orleans’’ Ineptness and Corruption Are COMING TO A CITY NEAR YOU,” is being consistently demonstrated by the same judicial system I accused back then and still do 11 months later. In January, I wrote: “Reprehensible political corruption, as well as the apartheid situations highlighted during the hurricanes and floods, subsists because of corrupt Federal and State Courts in New Orleans. (Indeed, not all New Orleans courts are corrupt.” (The entire essay is posted on this site. Click on “Casualties. . .”)
So. On October 23, 2006 I began placing phone calls to most of the opposing counsels who represent defendants in federal RICO case under docket number 06-2435. The RES IPSA LOQUITUR facts already in court records, posted in various articles on this website, and the exhibit shown below demonstrates that the City of New Orleans cannot afford the continuing exploitation and costs to businesses, to helpless citizens, and to social morale which stems from New Orleans court corruption. (For an example of in depth facts with exhibits, read below: “Dangerous Clerk of Court Dale Atkins: Killing Us Softly,” “New Orleans Court System vs Bail Bonds Unlimited,”and other postings –including the Tulane Link on this site which tell of reprehensible judicial politics.)
Since my call was prompted by various goings on in New Orleans political arena, I reflected on whether I could hurt or help New Orleans’ post-Katrina recovery? I thought if there could possibly be a conference of some sort, there might be some possibility of compromise –not simply for my lawsuit(s), but for the healing and betterment of New Orleans. In fact, I said words something like that to U.S. Attorney assistant Sandra Guiterrez, who was perhaps the 5th opposing counsel I’d successfully spoken with that day. (Nothing significant occurred from my conversation with her except, I noticed that she was pleasant, she told me she no longer represented federal Judge McNamara, to do what I felt I had to do. When I called back to the U.S. Attorney’s office to find out McNamara’s attorney was, I was told someone would call me back. No one has called.)
However, 2 attorneys in particular, help to make the point I am trying to raise. To reiterate, I called with the intention in mind to se if there was a possibility of coming to some type of terms FOR THE GOOD OF THE CITY OF NEW ORLEANS. I did not get a chance to state the for the good of New Orleans part to attorney Brett Furr, nor attorney James T. Rivera. I did however, get to learn that on the part of attorney Brett Furr –who represents Wells Fargo, if there’s no other reason for my being alive it is do what I believe is right and not fear anyone. No, Mr. Furr made no such statement to me. In fact what he said would have made me think just the opposite of what I wrote. I’ll come back to what Mr. Furr said, but I turn to Mr. Rivera –who represents The Payne Law Firm.
When I first telephoned his office, he was not available. While I was on the phone holding for attorney Ben Dean, attorney Rivera returned my call. Among the that and this which Mr. Rivera and I said to each other, I said something about if it was possible the pain did not know what Mr. Gaharan was doing. Mr. Rivera immediately said, “Mrs. Jackson, let me assure you, the Payne Law Firm had no idea!” He (Rivera) asked me things such as how did Mr. Gaharan pay me. And I told him how excited I was to be started my life over (after the apparent end of my marriage) and attending college classes, interviewing clients, working on cases, etc., (until federal Judge Lance Africk and attorney William Detweiler forced attorney Gaharan to betray me and no longer give me work.)
Rivera went as far as to state that attorney John Gaharan has been hard to locate; and that he thinks Gaharan was in the military. Rivera also said stated told me what type of law the Payne Law Firm had Gaharan in charge of doing and Rivera said that Gaharan left the Payne Law Firm in a lot of debt. I told him I would drop the Firm from my lawsuit. After, confirming where he could fax to me a draft of the dismissal motion we would both sign, he stated: I am going to call my client right now, I know she will be thrilled. Because I have to set my telephone in fax mode, the next day (October 24, 2006) I received what Rivera and I talked about. I telephoned his secretary and gave my physical address for FedEx delivery so I could endorse an original copy. No original has ever been delivered to me; and after I made several phone calls to enquire if I should expect it, I rest my case. The papers Mr. Rivera faxed to me not show prove that his client would no longer be paying for his services, the papers also support my claim about what I said was spoken between us over the telephone. Here is what Mr. Rivera sent.
As it pertains to Mr. Furr, he is the person who inspired the title of this essay. From the beginning of our conversation, what Furr began to tell me made it clear to me that the distinction of what I am trying to have addressed in the courts and the narrow-minded issue he boils the controversy into, are as different as apples and eggs. I dedicate this essay to the advancement of the understanding of attorney Brett Page Furr, in Baton Rouge. I hope this –as well as whatever necessary help is needed, will stimulate Mr. Furr’s ability to CONNECT THE DOTS of what is being presented, rather than what his strokes his ego to conjecture. It might also help Mr. Furr get a reality check if his clients sued him for gross malpractice. When I get to what I view as malpractice, I’ll point it out. [However, for reasons beyond the point, it is hardly likely that (formerly renown predatory lender) Wells Fargo would find fault with its lawyers.]
Furr started out by telling me that if I were a lawyer, I would be sanctioned mercilessly. He reverberated how long and wasteful he believes the controversy has been going between myself over a foreclosure. Incredibly, I listened as he went on and on about “foreclosure.” Not even my repeated interjections about all the nuances of the contentions seemed to have registered, or if it did register, he did not care. All he cared about was making explaining as to a kindergartner, the abc’s of foreclosure. When I told him there were other alphabets, he did not want to talk about it. Instead, he went back to the sanction threat. (Between Detweiler and Furr, the subject of sanctions has been thrown out more than the subject school and children.)
In sounding his alarm that I am about to be sanctioned (by federal Judge Englehardt), Furr told me to immediately go and throw myself at the mercy of the court and beg everyone to accept my apology. He told me that the judge is not doing anything about the countless motions that have been pending for several months without any ruling because the judge (Judge Englehardt) is getting it together what my sanction will be. Among other things, I told Furr that I don’t, I will not see how a judge could sanction me for pursuing my rights. Furr told me I did not have to understand; that I would understand when I received the judge’s orders. I replied that if the judge would order me to jail, I would not understand what could be the reason; but that I’ve done nothing wrong and I’d stand for what I believe. The conversation was lengthy. Furr also told me something to the nature of whatever unfortunate circumstances you incurred were your fault; and he explicitly told me that I had no right to know the things I questioned.
In the first place, I really don’t know how to be scared of something I don’t believe. In the second place, I can not imagine what grounds there could be to sanction me. However, I have always appreciated the intimidation and worry in lawyers who were not partakers of the pleasure cruises, and various perks which certain federal and state court judges in New Orleans have indulged. And, I recall when I have asked certain lawyers about my pleadings, they have said things like: “I would be sanctioned if I wrote that.” And when I ask what it wrong, how can I correct it? They’d always reply something such as, “I didn’t say it was wrong; I said there could be sanctions.” From what I now understand about sanctions in New Orleans courts, it doesn’t matter whether sanctions are fair or warranted –in the same way it did not matter whether a person actually does something for which to be arrested. It is public knowledge that, at least pre-Katrina, false arrest was a New Orleans norm.
During my conversation with Mr. Furr, I became so emotional over the fact that not only did he not understand, nor care what the issues are, I anguished because he proudly displaced his elite status in the court system and his ability to get his way. Even more, I anguished because Furr is the type of lawyer who is detrimental to businesses. His way of heralding and manufacturing rules (which he confuses as laws) by which he says the game should be played, have nothing to do with the game! It’s like naming the game ice hockey, but calling for sanctions when a player questions the existence of grass in place of ice.
Or like this: The repo man repossesses (forecloses), and leaves behind some document to demonstrate the repo man is the agent for the creditor named on the document. The repo company requires thousands of dollars ransom fees in addition to the delinquent amount. Gina does not believe the repo man has the right to such high fees; and she thinks she has negotiable things she can discuss with the creditor whom the repo man says gave him authority. However, such a creditor could not be found; in fact that creditor was defunct. Gina’s legal knowledge caused her to believe the repossession was not valid because repossession has to occur by the true creditor, so she challenged it through the CDC court system. In the meantime, as her domestic abusive marriage created her financial difficulties, Gina was also dealing with domestic to put in her similar position prior to marriage. (She’d owned her home 7 years prior to marriage.) During the same time, Gina returned to college, and began to work for attorney while hoping / believing her legal issues would be worked out. Meanwhile, unbeknownst to Gina, the lawyer representing Gina’s husband is co-owner of the luxury cruise that the judge likes to go on. Also, unbeknownst to Gina, incredibly, another woman filed a domestic abuse case which also was handled by the sailing judge. Further, the cruise owner lawyer somehow became curator ad hoc. Aside from all that, the attorney for whom Gina and was handling the repossession of her home, had been betraying Gina; but rather than withdraw from Gina’s case, that lawyer worked against Gina and filed pleadings to benefit Gina’s adversaries. In fact, at one instance, Gina’s former-employee lawyer told her he was forced to file certain pleadings that would defeat Gina. Thus, Gina’s losses expand to loss of job, loss of attorney, malpractice, in addition to, and aside from her home. And to top it off, the clerk of court has irrefutably personally and used court personnel to frustrate Gina’s chances of a fair day in court.
On the other hand, the repo man’s deed of trying to get Gina’s property by use of documents which are not the true creditor, should cause the true creditor to have a clue like: Hey, we have rights, we can use OUR name to take Gina’s property. Or, the creditor should be more than annoyed when a repo man uses someone else’s name for a repossession and prolongs the creditor’s rights. Practically speaking, it does not take a law degree to know that Chase Bank cannot act upon Whitney Bank’s rights, nor can Liberty Bank repossess on a debt owed to Capital One. Or what average citizen injured in an auto accident would not question why a lawsuit for injuries name someone else as the injured person? Furthermore, research has uncovered that the repo man obtains hundreds of properties unlawfully, and various court personnel not only aid the repo man, but are recipients of what the repo man confiscates. The bottom line is that, instead of being simple foreclosures / repossessions, because too many New Orleans court systems don’t bother with applying established laws, the repo game has turned into racketeering. While it can be explained away the sale price of property sold without appraisal, all ANY law upholding official need do is check the facts into the properties that were repossessed WITH benefit of appraisal and in plain view the facts are there for anyone to see. Perhaps, the mindset is a ‘them’ and as it pertains to homes, but the facts of judicial corruption being played out in public view, is demonstrative of how the quid prop quo mechanics associate-in-fact to destroy, distrupt, cripple, or whatever else it takes, the person who won’t cooperate with the way we want things done in this city.
The prominent issue regarding the repo man, is that creditors do not have a right to sick a delinquent borrower on an unscrupulous debt collector. The salient issue surrounding the myriads of devastation a debt collector, a repo man can cause is the reason why the Federal Reserve System enacted laws that regulate and impose civil liability upon abusive debt collection acts. Furthermore, reasons similar to these are why Louisiana and Mississippi have for so long led the nation in poverty. As it pertains to attorney Brett Furr, he made it clear that he, nor his client (Wells Fargo) give a flip what happens to people’s lives when it becomes necessary to repossess, foreclose.
Not only did Furr make that clear to me, he does not care, Furr spoke 2 imbecilic statements which were more than telling what types of people have been the problem. That’s why I hope someone whom he listens to will enlighten him so that he can cease being among the causes and effects. It was further clear to me that among the point being made for me was that of subjugation and beating down a nigger who dares challenge us; and I told him that. He replied that he has black attorneys in his firm. Furr’s statements in response to my statement about a subpoena and enquiry about the extinct creditor were: “They don’t have to tell you”! “A third party has the right to come and take your house.” Also, Furr’s telling me he has black people in firm is if he was speaking to an idiotic; as if I can’t fathom the possibility of a black person being as capable of despotism as a white person, and as if I don’t know what tokenism is.
Among the things that make the statements imbecilic, is that it is intelligent for people with nothing to hide, and who wish to resolve a dispute don’t circumvent information which could end litigation. In fact, as shown in court pleadings and excerpt on this website, the whole point, on March 31, 2005 when attorney Paul Rumage was asked by the Ad Hoc judge about the alleged creditor’s information, the Ad Hoc was trying to remedy controversy. I suppose everyone can thank Brett Furr for telling Rumage not to show up April 21, 2005 with the information so that it could be viewed in camera! Secondly, if Mr. Furr would state in open court, that my house could be purchased by a third party, if there was a reason to sanction someone, it would be for that headless remark. The remark is misleading and needlessly points its hearers into a totally different direction from the subject at hand! The reason being, according to the convoluted documents, my house was “purchased by the plaintiff.” Therefore, who could have purchased it not the subject, nor the predicate. Hence, the pivotal issue is –and has been for a very long time, the validity of the repossessor, who is supposedly the same as the plaintiff and purchaser. The subject at hand is that in order for a legal right to be upheld, the party seeking that right must be the owner. If it is true that some an entity arrogantly withheld information because I (as I’ve been told, I am known as the “nigger b___”) challenged its legality to commit an act, but rather expend limitless amounts of money to defeat the nigger b____ in any way possible, means only one thing to me. . .
Tying together my good-will endeavor toward the Payne Law Firm, and the mysteriousness of Mr. Rivera’s not sending the original motion –which there was such eagerness and urgency to get my endorsement, it smells like Mr. Furr might have had something to do with that. As it is apparent from Mr. Rivera’s motion, something was awry with what my former attorney / employer (Gaharan) did. Since I can’t find out what occurred, I am assuming that my agreement to dismiss the Payne Law Firm would present me in to much of a favorable light; and it has worked well in the past to keep up negative perception of me, so to ensure a hostile environment for me. Another reason why motion shown above that Rivera sent would not be a good idea, is because Rivera’s motion shows what a dismissal motion should look like if there truly was a consenting dismissal –as was not the case when Detweiler created the dismissal motion Gaharan said Judge Africk forced Gaharan to file. Verification that the dismissal motion Gaharan filed was not on the up and up, despite the fact that the Gaharan motion is fatally defective does not even qualify as a dismissal motion. Callous attorney Detweiler, who was representing the deputy sheriff Judge Africk ordered dismissed, not only did not have the guts to his own dirty work, he and Africk did not concern themselves that forcing Gaharan to betray did also force Gaharan to fire me. Detweiler should have created his own dismissal motion, but to ensure there would be no record of that dismissal on appeal, doing things the way they did it ensured there would be no hearings and record to record concerning Detweiler’s client, who works for Sheriff Paul Valteau. Another thing about Africk is that three defendant lawsuits have his recusal due to his bias for sheriffs; and Africk has no qualms about dismissing matters and refusing to give his reason.
Another thing about the departure from what –as Mr. Rivera’s letter makes clear, we talked about, is that Mr. Furr is certain that horrible sanctions are on the horizons for me. Mr. Furr said it as if Furr himself were preparing the papers instead of Judge Englehardt. Furr’s confidence of my being sanctioned may have been the information he gave Mr. Rivera; and had Rivera withdraw what could look positive about me. I hope Furr is wrong. I hope Furr is not almighty as he thinks he is. I further hope that attorneys like him become a thing of the past and not the current. Whether or not New Orleans is still a hurting city, the practice of law such as what Furr has displayed since encountering Furr would bleed every penny out of a small business while Furr rakes in client fees, while at the same time destroying the lives of the opponents. Mr. Furr’s actions, and those of Mr. Detweiler, and Mr. Rumage overwhelmingly prove they have no regard for Canon Ethics as to opposing parties. Please note: I am talking about goings on in federal court.
One other thing, aside from Mr. Furr and other attorneys’ brazen gall and nigger suppression, On June 13, 2006 during our conference hearing with Judge Duval, they verbally asked Judge Duval to order me to take down my website. They said that they don’t think it fair that I air my legal problem in public. Thankfully, Judge Duval told them that he would not consider their request without a motion being filed. What is so juvenile about their request is, everything they say about me is available on the Internet; but not always what I file. Sometimes it takes weeks before my pleadings being filed into public record. My point being: Mr. Furr is so comfortable with his elite status and his ability to get what he wants done in the courts, he tried to get my website removed. Thus, since my back is against the wall, I have to be sure to make things public in case severe consequences Mr. Furr and others have guaranteed would happen to me. The reason being: Corrupt persons enjoy large pay checks, luxurious perks and pleasures; whatever threatens / interferes must be eradicated.
One final thing I have to say regarding the despotic federal judge McNamara. The “Justice Department” in New Orleans not only represents McNamara, as the Department also represents judges Africk and Dodd; but the Justice Department has gone even further to substitute itself -NOT for all three federal judges, only McNamara. (Since the “Justice Department” happens to defend abusive judges like these, it is a good thing I can put in public view what goes on in certain courtrooms! It is possible that because investigative groups are forced to accept what evidence the accused wants them to see, incriminating evidence remains with the accused –unless a federal raid occurs like for Congressman Jefferson. I also make note of the fact that the raid on Congressman Jefferson was not done at the New Orleans level.)
Among the things McNamara did to violate my civil rights, was his demanding that I “go to a library” so that I could have some means for attorney Rumage and others to fax me PLEADINGS FOR THE CASE WHICH HAS NO BUSINESS IN MCNAMARA’S COURT! McNamara said that to me after asking me for my fax number. I told him I don’t have a fax number. However, the transcript says I don’t have a fax. In light of the tyrannical things to which McNamara subjected me, I would not be surprised if my statement about the fax number were to become used to arrest me for perjury or some contorted thing –as what happens when hateful people have unaccountable authority. For that reason, I refer back to the fax I received from attorney Rivera. I still don’t have a fax number. Moreover, the Brother 575 fax I had been using had worn out from sending faxes to media around the country –and by then I had sent enough faxes to call attention the judicial corruption. I now have a Brother MFC-5440CN all in one which I did not have when questioned by McNamara. In fact, it’s much better because I can’t do broadcast faxing. (Tough luck to the deviants who thought they could use that against me.)
The alarming thing about McNamara’s unmitigated gall and disregard for my Civil Rights. For example, when I was telling McNamara why my state court conversion lawsuit had no business in his federal court, McNamara told not talk about Freddie Mac; he told me to talk about Adcock. The problem with such a dim-witted order is that Freddie Mac is the reason why I was telling him my case was not in his jurisdiction. For McNamara to instruct me to talk about Adcock or anything else eliminated my ability to state why he had no federal jurisdiction. In other words, like brain washing, McNamara kept dictating to me how he wanted me to think. Moreover, McNamara’s dictates about a fax number, fax machine miss the bottom line: The only way for McNamara and opposing counsel to be able to send me faxes as necessary, would be for me to either ridiculously ask the apartment manager to provide additional telephone wiring of my apartment; or to not have a residential telephone line and keep my phone in fax mode at all times like the attorneys do at their office. But for McNamara to go so far as to violate my civil rights to dignity and not stupidity, by telling me I must “go to a library” because my opponents need to be able to send me faxes goes too far, and is unaccomplishable. I do not possess whatever it could take to ask the library to make their fax machine and fax number available for my needs. I am glad I bought the McNamara court transcript.
A more full expository of what McNamara did is found in federal case number 06-3821 in my original and amended pleading. My amended complaint with exhibits was returned to me; and denied filing because they tried to tell me I required leave of court to amend my complaint, but that was not correct, and I knew better. The posting below shows the opposition that I filed regarding Judge McNamara.
On Monday, October 23, 2006, I hoped that there could be peace on earth and that it could begin with me –in particular for the good of New Orleans. I sadly understand that whomever is the watch dog for New Orleans, not until more exposition and rectification of New Orleans court systems, corrupt will remain alive and well.
**I know that I have to make corrections of this essay; but in case something happens to me, I wanted these things known in case the mafia has plans for me.