< CTR + >  ,  < CTR - >  to "size"
Freely use the browser  BACK
  < CTR + HOME > to site TOP
freely click on "stuff"

NOTE: "old" web "below"
Some format got screwed up
(program "toggle" problem?)		 www.DamnCourthouseCriminals.com
Alice in Wondercourt
 150 acre land title theft upon the elderly goes off script
BULLDOZER eviction of 86 year old as squatter from own house goes awry
their 294th District Court suit turns into a huge tar baby "self-indictment" 		 < CTR + >  ,  < CTR - >  to "size"
Freely use the browser  BACK
  < CTR + HOME > to site TOP
freely click on "stuff"

Now "graphics" up front

UDO BIRNBAUM
BRNBM@AOL.COM
Feb. 21-2023
* * *
 QUICKSTART:  Defendant's Motion for Summary Judgment - good intro - they simply forged themselves a land title
A full-fledged elder fraud ring - lawyers using the court itself to steal. PATHETIC.
 - everybody is in on the scam - First Amended Answer, Counter     Their fraudulent suit against me
Defendant's Motion for Sanctions and Criminal Refer - lots of links - good overview
1-18-2023  Motion Checking for Functioning - is there intelligent life on other end?


Suddenly a phone call from a lawyer with Tyler FLOWERS DAVIS, claiming to be owner of my place, wanting to know whose cows and hay out there, etc
 First CSD contact call by attorney Kellam
Arrival by lock and chain, Notice of Eviction as "tenant at will" via Justice of the Peace "get him off the property", then BULLDOZER. Been in my house FOURTY ONE (41) YEARS. Could not get the sheriff to get them off my property because bozo deputies always claimed "the court" involved - but never been.  All fraud.
CSD's Robert Dow   Out of control Deputy   Dow to my pasture leaser
Tearing out internal fences and gates, tearing roots of trees at the height of a Texas drought, tearing up pasture, make "pretty" for land "development"
  more than one way to skin a cat
   skunk university - let ROBERT O. DOW explain
 * * *

LISA GIROT, Sulphur Louisiana predator upon
 dying Veterans, having plucked my buddy Louis Thibodeaux, tosses my name into the hopper.
Jan. 2020 call already setting me up
CELIA C. FLOWERS, of Flowers Davis and East Texas Title empire, author of the forged CSD Van Zandt LLC land title deed, and principal facilitator of this scam
very first CSD contact:  Corey Kellam - their "title curing" expert
Me, UDO BIRNBAUM, 86 year old, but not quite as mentally feeble as pitched by such LISA GIROT. This me with half a goat on my face during the height of Covid.
* * *

Before that damn BEAVER DAM SCHEME case I was peaceably ...
Courthouse Beaver Dam Scheme
That BEAVER DAM SCHEME made me victim of Dallas attorneys Westfall and Frank C. Fleming
How Westfall became my lawyer
JUDGE PAUL BANNER
Lucifer in the Flesh. Conspired with Westfall and Frank C. Fleming.
$62,885 and $125,770 Court fines
JUDGE CHRIS MARTIN
our new District Judge. Cautiously optimistic. But: "finger finger on the wall" Daniel 5:5


karma: A covey of legal crooks in deep quicksand with multiple hornets nests in every tree and bush

* * *
 Putting the Court on Trial
 "a taxpayer funded hideout for thieving lawyers"
Why I need to get them to ARREST me
 in the Court of Public Opinion
Reporting from inside the Madhouse
 "chasing RABBITS"
 by Udo Birnbaum 		Reporting from outside the Madhouse
 "the BIG picture"
by Udo Birnbaum
12-10-2022     
    
    Hard to get an overview from inside a raging battle, but Defendant's Response in Opposition is the best one to start with, as it is the most current and blatant. Also First Amended Answer, Counter and Defendant's Motion for Summary Judgment. If Judge Martin does not act on this right before him, God help America.

    And always remember, this scam started with, out of thin air, forging a land title, and by BULLDOZER and lock and chain, run over an 86 year old, by running him out as a supposed "squatter", out of his own 37 years lived in 1 1/2 story 2200 square foot brick house, in the center of, and on the highest point of his 150 acre property. Pathetic.

And sueing him under "trespass to try title", in this frapping court:


8-24-2022 Plaintiff's Original Petition - they tiptoe around "estate entitlement" vs "actual land title". There is a huge difference. They clearly know they have no title.

8-29-2022 Answer and Counterclaim - a quick stopgap to get some breathing room

9-28-2022 First Amended Answer, Counter - exposing it as a deed fraud upon elderly, and clearly show why they cannot have title because property not in the estate.

10-10-2022 Defendant's First Set of Interrogatories - calling their bluff asking them to show land title.

10-20-2022 Plaintiff's First Amended Petition - not much change except them now suing me not as "living on the property" but me now as an unlawful "squatter"

10-20-2022 Plaintiff's Motion for Summary Judgment - an absolutely out of place filing

10-20-2020 Plaintiff's Notice of Hearing - "hearing by submission" -  a court highjack

11-3 2022 Defendant's Response in Opposition - calling the fraud for what it is

11-11-2022 Plaintiff's Response to First Interrogatories - a lawyer gobbledygook

11-13-2022 Plaintiff's Objections to Defendant's Exhibits - filed Sunday 10:30 a.m.

11-25-2022 Defendant's First Request for Production - calling their scam

12-5-2022 Defendant's Motion for Summary Judgment - everybody in on scam

1-2-2023   Defendant's Motion for Sanctions and Criminal Refer - lots of links

1-18-2023  Motion Checking for Functioning - is there intelligent life on other end?

2-07-2023  Second Amended Answer, Counter - Drop claims against all except CSD Van Zandt which sued me. (Give Court NO excuse NOT to get show on the road)

2-21-2023 - skunk university - let ROBERT O. DOW try to explain - just what the hell he is doing on my place

2-10-2023 more than one way to skin a cat

1-7-2023  Motion in re Bonhoeffer's Theory of Stupidity - a Warning. "Social communal stupidity:" - FAR more dangerous than malevolence

12-10-2022 Dear Judge Martin:

     Regarding our recent Nov. 14, 2022 "hearing by submission", that was where the ones trying to evict me by bulldozer as a supposed squatter from my own house I had been living in ever since 1985. Your very self was part of that mayhem. Remember?

     They sued me under "trespass to try title" as if this were upon some time ago land titles now somehow supposedly conflicting. Hell no, this is about them just now, June 22, 2022 forging themselves fresh "out of nowhere" land title to my 150 acres, and trying to dupe you to make it all seem legal.

By dumping on Oct. 20, 2022 a fresh pleading, a simultaneous PLAINTIFF’S “motion for summary judgment” to have YOU give them ALL of what they JUST put in they wanted, by bypassing Waynette Barker, your court administrator, and setting themselves what nobody knew what it was, namely a “hearing by submission”, to sneak in their JUST NOW fraud, and I know you and this court is very busy, and these scoundrels mix their just now new fraud in with your, and I know it may no longer go by such name, your “express lane” of stuff for you to sign.

I myself, despite having had to frequent this court ever since that fraudulent BEAVER DAM suit by Richard Ray in 1994, have never heard of such brazen use of the court itself to do THEFT.

I trust you will take steps that no one ever tries such again. Attached hereto for handy reference is copy of the Notice for the Nov. 14, 2022 hearing by submission as well as their prepared Order to let them steal with.

I simply cannot understand why God had to make so many bad people and so clever.

UDO


IN SUMMARY:
     Betwixt and between a covey of legal crooks, they concocted themselves a fraudulent forged title to my 150 acres, and by lock and chain and bulldozer are trespassing to evict me as a squatter out of my very own house I have been living in for FORTY (40) YEARS.

1-7-2023  Motion in re Bonhoeffer's Theory of Stupidity - a Warning. "Social communal stupidity:" - FAR more dangerous than malevolence

new - 2-10-20223 more than one way to skin a cat

 

 

 

   

NOTE:  The below pretty much left "as was"
Intent was to provide a more "graphic" and "mobile devices" interface
Also focus on recent "flowing out of" that things get worse and worse
if no one in power does anything to fix things and one verily
 has to drag WHEELBARROWS into the Courthouse

Why I need to get them to ARREST me

DamnCourthouseCriminals.com		  

"the judge just told you that you have been f*ckt"   more   more   more    more   more
penal 31.03 THEFT - 1st deg felony unlawful judgment liens by forged fake judgments
This site as a TUTORIAL, WARNING, and PUBLIC CRY FOR HELP     Hey FBI - where are you?       Time Out -

This site as a TUTORIAL, WARNING, and PUBLIC CRY FOR HELP     Hey FBI - where are you?       Time Out - CORONAVIRUS coming         8-21-2022
Udo Birnbaum BRNBM@AOL.COM  (903 479-3929)  a little bit about me    OpenJustice.US (orig web)   DamnCourthouseMobsters.com coming    regarding the "necessity"
  The Emperor has no Clothes    Why I need to get them to ARREST me     Judge Chris Martin DEMAND LETTER    "HELP, this court has gone batshit crazy"
 by simply duping the District Clerk      Petition for a Court of Inquiry    $62,885 Sanction   $62,885 Findings   compare to - "WELL-INTENTIONED"    $125,770 Sanction      
  Abstracts of Judgment - on all THREE "judgments"      Writ of Execution - on all THREE "judgments"'   evil intent     RCP Rule 301 - "there can only be ONE judgment"     ORDER reviving ORDER
re: Virtual mailing of envelopes with white powder      Theft by the court itself forging fake judgments   RECIPE FOR THEFT FROM HIGH OFFICE    "the turd that would not flush"
BRICK thru District Judge Chris Martin glass door - please advise time and place    To catch MONSTERS - it takes HUMAN bait !!!!    same w attach
AFFIDAVIT - of yet another BRICK - NOT suitable for throwing thru Judge Chris Martin glass door    same w attach    AUDIO referred to herein just below:  
 AUDIO w District Attorney - excerpt 6:24 re Judge Paul Banner RETALIATORY     AUDIO w DA - all    AUDIO w DA - earlier     before Judge McCraw   before Judge Banner
A pattern of first degree felony textbook penal 31.03 - "theft by gavel"  -  same w damning attach    Congrats - you have hit the jackpot    discussion on evil
Complaint and Affidavit of $125,770 Theft by Gavel     $62,885 and $125,770 unlawful judgment liens by forged fake judgments (penal 31.03 THEFT)     reading them the riot act 
APOLOGY UPON THE NECESSITY    Motion used "to deprive" and "bring about" the "unlawful appropriation"    the judge just told you that you have been f*ckt   more   more
THANKS - for the free Go-Bus run   more fun than a barrel of monkeys   Notice of forgeries of fake judgments     294th District Court Bozo Sheriff     294th District Attorney Female Bozos  
NEWEST - PLUM INSANE - trying to evict me as "tenant at will" - off my own property    

($62,885, $125,770 FINES w interest)
"batshit crazy" - where the phrase comes from - interesting
Having tried ALL ELSE to put a STOP to this OUTRAGE upon me, I decided to literally CRY FOR HELP - in our 294th Courtroom - me holding TWO of these large posters over my head, loudly crying "HELP" - and they neither ARRESTED me, nor DID ANYTHING about my complaint - but they have been publicly put on notice
Synopsis of Evil - the Emperor has no clothes		  
Damn Courthouse Criminals
For pure fun, go search Google for "damn courthouse criminals", "plea to the jurisdiction and sanity", "judge poopi", "assignment to pass out pumpkins", "judge abcde". Don't believe - try "damn 294th" with or without quotes.  Even Google can understand!

STATEMENT OF WHY     I need to get them to ARREST me - to show them for the CRIMINALS they really ARE. Make "them" explain, to a JURY, why they arrested me, AT OUR COURTHOUSE, for complaining about crimes IN OUR COURTHOUSE, and BY OUR COURTHOUSE. They have been briefed - "with a fire hose"   Why I need to get them to arrest me 
Hey, FBI - this "stuff" is SERIOUS
A fraudulent BEAVER DAM SUIT against me to start - morphing into retaliation by the Court itself - for me having made a civil RICO counter-claim - a FIRST AMENDMENT RIGHT.  My own ex-lawyer now bringing a fraudulent supposed commercial "open account" claim against me for legal fees - when all there was was a NON-REFUNDABLE  $20,000 PREPAID retainer - with the lawyer "we retain the right to terminate" - if I were not to add additional funds.
  $20,000 non-refundable retainer agreement     Westfall fraudulent "open account" suit thereon     Judge Banner fraudulent questions to the jury
Judge Banner unlawful $62,885 FINE   Judge Chapman unlawful additional $125,770 for me complaining about Judge Banner  what is "civil RICO"   federal RICO statute


Before the fraudulent "BEAVER DAM" suit upon me, I was peacefully RETIRED on my farm, taking care
 of my cows and invalid 90 year old mother,  and had only known the courthouse from getting LICENSE PLATES!
 Canton TX attorney Richard Ray complaining about BEAVERS   but files suit for me violating the Texas Water Code by me constructing a dam
Judge Zimmerman gives fraudulent questions to the jury     Attorney Ray wants $10,000 in attorney fees despite unanymous verdict of ZERO - go enjoy - a hoot
       
Now I am accused of "living in the courthouse", "vengeance and anger towards the legal system", and sued for "libel", "slander", "with malice", and for causing a lawyer "to suffer from stress, anxiety, and loss of confidence", and loss of the "benefits of social intercourse", etc. ad nauseam.  counter libel claim against me   so I add them ALL to my civil RICO    Hearing - go enjoy - a super hoot

The underlying BEAVER DAM mess
 Neighbor complaining - over natural beavers     Fraudulent suit claiming I was violating the TEXAS WATER CODE - by having CONSTRUCTED A DAM
Judge Zimmermann FORBIDS me - from showing the JURY - even "talking about" - what the lawyer had hauled me into court for - unbelievable but TRUE
THE COURT (to the jury):  "because ...  ... you may get the idea that either the Plaintiff or the Court is trying to hide something from you"
"The belief in a supernatural source of evil is not necessary; men alone are quite capable of every wickedness" - Joseph Conrad 1857-1924

Van Zandt Courthouse Beaver Dam Scheme
 before this - I had only known the courthouse
FROM GETTING LICENSE PLATES
How G. David Westfall became my lawyer
There will always be criminals - but BEWARE of those in black robes.      The Diary of a Madman
Judge Paul Banner batshit crazy hearing
to "revive" his 12-year-old batshit crazy
 and unlawful $62,885 court FINE







1.
introductory sampler
 site navigation guide -  a few "chapters" down
Van Zandt Courthouse Beaver Dam Scheme - YouTube - good swift intro        Judge Paul Banner batshit crazy hearing - YouTube
fraudulent beaver dam suit         fraudulent Westfall "unpaid open account" suit     my civil RICO counter-claim 
   Judge Paul Banner fraudulent instructions and questions to the jury
Judge Paul Banner retaliation by $62,885 sanction        Judge Ron Chapman retaliation by $125,770 (2 x 62,885) sanction

           Appeal - Dallas Appeals Court         Appeal - Texas Supreme Court       Appeal - US Supreme Court
Hearing before Judge John McCraw - same "subject" - YOU HAVE BEEN WARNED!

Go ahead, ARREST me - for wanting to be ARRESTED - out of desperation to be heard - go explain that to a JURY

when 'thems' DO - as mobsters do - 'thems' ARE mobsters


2
 Program Guide
 G. DAVID WESTFALL - My own ex-lawyer - who fraudulently got himself $470,000 in "legal fees" - against ME
FRANK C FLEMING - lawyer for Dallas lawyer Westfall. Westfall officemate. Fleming Disciplinary Trial
RICHARD L RAY - Canton lawyer - started it ALL - with his fraudulent BEAVER DAM SUIT
JUDGE RON CHAPMAN - unlawful $125,770 FINE - on top of Judge Paul Banner unlawful $62,885 FINE   
JUDGE PAUL BANNER - made it all possible - BY FRAUDULENT COURT PROCESS
UDO BIRNBAUM - 84 years old - victim of Ray, Westfall, Fleming, Banner  and Chapman
       The beheaded Calves       fuller list of "thems"        a little bit about me        "The Big WHY" - under construction
3.
Site Navigation Guide - this site
 focuses mainly on the UNLAWFUL that 'thems' did
 (freely use the browser  <BACK>  button - to get "out of there")
This site is basically a SINGLE "strip".  Here are a few key "bookmarks":
fraudulent beaver dam suit     the beheaded calves     Westfall fraudulent legal fee suit   Westfall's dark secret   what possessed Judge Paul Banner      Judge John McCraw hearing
   
appealing up the line - up to the US SUPREME COURT     When ones DO - as Mobsters do      The fly in the ointment - Judge Louie Gohmert     Google search RESULTS

First Amended Original Petition to Declare as NULL - my "whistle blower suit"    WILD docs and e-mail threads in this cause (8 MB) - new    more detail - at my OpenJustice.US

 a little bit about me      INTERMISSION      regarding the "necessity"          latest



4.
 Site Navigation Guide - my earlier www.OpenJustice.US
focuses ALSO on what all 'ME' tried - and all the baskets of paper - and lots of back-and-forth emails

This site is also basically a SINGLE "strip".  Here are a few "links" - for jumping to key "bookmarks" inside my OpenJustice.US
(freely use the browser  <BACK>  button - to get "out of there")

  Details of the extrinsic fraud by the Court      before the fraudulent BEAVER dam suit upon me    but the real EVIL is Judge Paul Banner     but the real QUESTION is
   SHORT INTRO - how did this seemingly "simple" FRAUD     SHORT INTRO - via my criminal complaints        hearing before Judge Joe M Leonard  
  even our very own District Attorney     the root of the EVIL     in the county court at law - a procession of judges     before the beaver dam suit
     more "goings on          I get sued for SLANDER and LIBEL - by the BEAVER DAM lawyer      going looking for a lawyer
 lawyer disciplinary trial - "you can't get there from here"        case of res ipsa loquitur - "no it is not a disease"    bunk bed bunk - a kid falls out of bed - and the lawyers
    complaints of corruption - from the START    on the lighter side - how to make a "pleading     Letter to Senate Judiciary Committee     county judge race     district judge race
OFFICIAL NOTICE - to the "court majors"    




5.
 this is a hearing I had before Judge John McCraw
regarding Judges Banner and Chapman
I had sued Judge Banner and Chapman - for the UNLAWFUL $62,885 and $125,770 court FINES they had put upon me
key documents "underneath" pictures    AUDIO of entire hearing      transcript of entire hearing
Original Petition      initial fur flying    they claim absolute judicial immunity   more paper    they will say just ANYTHING  even SIX MONTHS IN JAIL

                     
Judge Paul Banner, Judge Ron Chapman courtesy mc2legal.us      Judge John McCraw courtesy mccrawgantt.com
 
"The belief in a supernatural source of evil is not necessary;
 men alone are quite capable of every wickedness" - Joseph Conrad 1857-1924
 
 This was  my "civil RICO" lawsuit  where I had sued Judges Banner and Chapman - for their unlawfulness upon me
more technically their "pattern of racketeering activity" - to use the language of RICO

 Here is the AUDIO of this hearing, a little over one hour - but VERY INFORMATIVE - before Judge John McCraw
I was polite but quite firm - and the audio shows that both McCraw and especially attorney Jason Contreras
 from the Texas Attorney General - were quite IGNORANT of the law - else in total disregard
Especially on the Bill of Rights, and other CLEARLY ESTABLISHED LAW
that this is America - and Judge Banner and Judge Chapman - simply can't do as they did
i.e. CANNOT unconditionally PUNISH - like $62,885 and $125,770 - for [supposed] completed PAST conduct - without going thru FULL CRIMINAL PROCESS
"punishment" - in CIVIL process - can only be coercive, i.e. "forward looking" - has to provide "keys to own release" - like "until you testify, pay child support, etc."
UNCONDITIONAL punishment - requires FULL CRIMINAL process - of  "beyond a reasonable doubt" - by a JURY.  US CONSTITUTION.

Judge McCraw was nice for hearing me out. And after all our back-and-forth
said that I was a "nice person" - but nevertheless that I belonged in JAIL.
 my inquiry at our jail re pre-admittance (AUDIO)

 Original Petition      initial fur flying    they claim absolute judicial immunity   more paper
  they will say just ANYTHING     AUDIO of entire hearing      transcript of entire hearing

 NOTE ON AUDIO. This audio is hosted off this site. Google Chrome OK. FireFox problematic. Internet Explorer no work at all
I plan to host this on either YouTube or Vimeo, so it can be properly "buffered" through a full fledged "hosting service".
Like I did with my YouTube Judge Paul Banner batshit crazy hearing  - or such similar name.



6.
Coming
Even Google can understand



7.
key introductory
Even Google can understand
Van Zandt Courthouse Beaver Dam Scheme - YouTube - swift intro        Rat Snake Unwinding - another my YouTube
non-refundable prepaid attorney retainer agreement     fraudulent suit thereon claiming unpaid "open account" for legal fees"
       fraudulent instructions and questions to the jury by Judge Paul Banner
Judge Paul Banner refusal to Appoint an Auditor      My Petition to have Judge Banner Appoint an Auditor (to Tyler 12th COA)
 (If Judge Paul Banner had duly appointed an AUDITOR, as he was required to per RCP Rule 172, because of the TWO diametrically opposing affidavits as to the
 "state of the [supposed] account",  it would of course have cut right through the Westfall fraud - and of course precluded the whole Judge Paul Banner fraud!)

 Deposition Westfall - no such "open account" (VIDEO)   Deposition Westfall - "we just keep time cards" (VIDEO)
 Transcript of above videos          Transcript of entire deposition of Westfall        Deposition exhibits
  

 "WELL-INTENTIONED" - as caught by the court reporter      $62,885 FINE - suddenly ALL POISON 
      $125,770 FINE - ravings of a MADMAN  (2x62,885)   Judge Banner ex-parte - how it got to "all poison"

Motion for Recusal of Judge Paul Banner        Assignment of Judge Ron Chapman
       Letter to Judge Ron Chapman - that there be "no surprises"
    The $125,770 "surprise"      "Happy April Fools Day" - swift summary

 Judge Banner insane hearing to "revive" his own unlawful $62,885 SANCTION ORDER - YouTube
Application to Revive    Answer to Application to Revive     Oral Pleading in Writing
    Assignment of Judge Banner     Assignnment to pass out PUMPKINS      Order Reviving Order
 
 Petition for Declaratory Relief - to declare the whole 294th District Court proceedings as unlawful
136 pages of court "stuff" - lots of paper in the Tyler Federal Court

First Amended Original Petition to Declare as NULL
 Texas courts were not established for the purpose of cranking crap into $500,000 pieces of paper parading as “judgments”
This was my "whistle-blower- suit" - a suit "in equity" for "declaratory relief". MUCH more my www.OpenJustice.US





8.
 It does NOT work
And the higher one goes - the WORSE it gets
Till one has to resort - to WHEELBARROWS  

Why I need to get them to arrest me

or plum put the SOB bully in his place
at Judge Banner's Hearing to REVIVE - to "revive" HIS OWN $62,885 unlawful FINE

The Diary of a Madman
 "that there are in the world many undiscovered madmen as adroit
 and as much to be feared as this monstrous lunatic"




9.
 "time out"
intermission
       
"mama talk"
         
IMPEACH THE BIDENS - and make America great again



One day after firing Comey - "releaved a lot of pressure"



Just impeached - "I won. Greatest impeachment EVER."



   "by the light of their faces"
10.
 "time in"
 regarding the "necessity"
for me having to so PUBLICLY confront these BULLIES - in their very own "robbers den"    latest

Comments by VERY important and NICE gentleman (AUDIO)

 IN SUMMARY:
"Thems" ARRESTING me - for me keeping on bringing - my rusty wheelbarrow,
garbage cans, pot lids, toilet plungers, "gone-batshit-crazy" signs, etc. - into our courthouse -
- of course inherently raises my "necessity defense" issue -
of whether such is NOW still "necessary" to protect MYSELF - and this COMMUNITY
 -  by letting the light of day - upon these MOBSTERS having infested our courthouse

(and of course provide a jury "finding" - upon just exacly what Judge Paul Banner and Judge Ron Chapman were doing upon me)

 what is a "necessity defense"     my previous official NOTICE of such "necessity"   my COURTROOM pleading of such "necessity" - AUDIO
 "necessity" defense    "public necessity" defense    "private necessity" defense    why I need to get them to arrest me     mens rea    actus reus    concurrence

HINT:  The "necessity" - of course - is to get these "dammn courthouse criminals" - off off MY back - and off off the PUBLIC back.
The "damage" being done by these MOBSTERS - far outweighs any "damage" caused by my "actus reus" - i.e. me breaking only the "letter of the law"
i.e. by me NOT letting "them" make me shut up, under threat of arrest.

CEASE AND DESIST (7099K) - to the local "powers that be" - of the "necessity" to STOP this outrage.      same - no exhibits - smaller file
Else simply enter "294th cease and desist", with or without quotes - into Google search.    Also, try "judge poopi".  ain't google amazing

I have no "mens rea" (guilty motive) - and as this site details - I have tried EVERY other "alternative remedy"
 


the just below is from my "why I need to get them to arrest me"

 And if no one else will put a STOP to “them” – then I will – by bringing
“whosoever” out into the open – by having fun in the Van Zandt Courthouse
from now on – with dirty wheelbarrow, garbage cans, banging pot lids, etc.
etc. till hell freezes over. And if “they” choose to arrest me for “criminal
trespass” or such, so be it.

As for me, I am 82 years old, my dog died, no living relatives, have nothing
more for “them” to steal, have lots of time. Looking for some fun place to
take care of me. Our Van Zandt County jail would be ideal.


 from "Fipps der Affe" (Fipps the Monkey)  Wilhelm Busch 1832-1908

I would also be of immense value to the other inmates, in filing documents
or lawsuits, the Supreme Court having established their Right to assistance
from other inmates. And me having effectively been turned into a PAUPER
– even be entitled to my very own court-appointed and FUNDED lawyer!
                                             
"oh what tangled webs we weave -
when first we practice to deceive"


 IN SUMMARY:
  My defense to "thems" arresting me for such as trespassing, disturbing the peace,
 interfering with government functioning, etc - will be a "necessity defense",
i.e. that what I was doing was "necessary" - to get these MOBSTERS off MY and OTHERS' back

1.)  The 6 Elements Of The Necessity Defense

1.1) You Were Preventing Significant Bodily Harm or Evil

1.2) There Was No Adequate Legal Alternative To Your Act

1.3) You Did Not Create an Even Greater Damage Or Harm.

1.4) You Had An Actual Belief That Your Act Was Necessary To Prevent The Threatened Harm Or Evil

1.5) A Reasonable Person Would Have Believed Your Act Was Necessary

1.6) You Had Not Created Or Substantially Contributed To The Emergency That Necessitated Your Act

latest





11.
 even Google can understand new
 Google search RETURNS - for each of the search terms just below
 "thems googles is smart"

 REGARDING the "links" just below. Each link shows my search RESULT - as a JPEG
The apparent links in the JPEGs - of course - WILL NOT WORK
 my sites are:   OpenJustice.US   CourthouseAwarenessNews.com (same site)   DamnCourthouseCriminals.com (latest)

$62,885  $125,770  - the two insane FINES against me.     62,885 125,770 (no dollars)     62885 125770 (no commas)
294th 62885    294th court beaver    294th court dynamite    $62,885 fine     damn 294th    This is plum ridiculous - what goes???

 plea to the jurisdiction and sanity    "plea to the jurisdiction and sanity"     jurisdiction and sanity     sanity and jurisdiction
(MY ACTUAL DOCUMENT:  Plea to the Jurisdiction and Sanity )

cranking crap into judgments      (MY ACTUAL DOCUMENT:  First Amended Original Petition to declare as NULL )

    "smoke Old Mold - the ONLY cigarette that is ALL filter"   "smoke Old Mold etc - images"    
 "if there is insanity around - well some of us gotta have it"     "if there is insanity etc - images"
judge poopi poopcicle       was my FUN test of Google Search - test of what all "nonsense" Google catches and how fast
 courthouse criminals - NO QUOTES - and watch it put the "damn" in FRONT of it!

 new  my TAKE on why Google seems to "like" my stuff - PARTIAL ANSWER - more coming  new





12.
 in praise of GOOGLE - else in fear of Google
here is the most amazing part of it all
  
In making sure, that all this "stuff" works, i.e. that it is all "linked" correctly ON THIS SITE, in checking the "62,885 125,770" (no quotes, no dollars) above, I noticed that my CAPTURE of Google had included a PDF titled something like "tyler fbi"  "just shoot them".  HOW THE HELL DID GOOGLE GET A HOLD OF THIS DOCUMENT?

 So I hunted down this document - AND COULD NOT FIND SUCH AMONG MY SITE - but Google had clearly caught it - and this PDF was clearly of my origin.

So back to Google, again same "62,885 125,770" (no quotes, no dollars) search, and did an actual "click" on the document and a "save", and here it is, as a PDF as the document is on Google.  Still trying to find such document amid my site. Anyhow, the document is quite explanatory of the structure of a google search RESULT - and how Google seems to "have" ALL of my stuff.  NOTE: The red Adobe Acrobat "markups" - are as on the document offered by Google.

I will have more to offer on this later. Like how Google seems to actually be able to "find" a specific unique phrase, buried deep down in a 136 page PDF document, that was created purely via an OCR PAPER SCAN.   FRIGHTENING!

Also, some indication, of Google catching some of my "image over text" PDF documents, where my OCR had made some mistakes, Google doing their own OCR (on the "image" in the PDF) - and entering it CORRECTLY into their search database!

"thems googles is smart"

*  *  *  * 


 
13.
What Possessed Judge Paul Banner
A Psychological Study through Judge Banner's $62,885 Court Fine
"The belief in a supernatural source of evil is not necessary; men alone are quite capable of every wickedness" - Joseph Conrad 1857-1924
   snake
frame grab courtesy YouTube Tex Avery Cartoon titled  SH-H-H-H-H-H  (click to play, else on picture)

Diagnosis: paranoia of INVASION by pro se litigants and "civil RICO" lawsuits
 Diagnosis: sociopathy - i.e. no abiding by the law, norms of behavior, nor rights of others

"well-intentioned" - as caught by the court reporter    now suddenly ALL VENOM - as in Judge Paul Banner $62,885 "Findings" - a pure CYA

    What is civil RICO no 1      What is civil RICO no 2     What is civil RICO no 3    jury instructions for civil RICO  federal RICO statute   
              Appeal to Dallas Appeals Court      Appeal to Texas Supreme Court      Appeal to US Supreme Court      Petition for Declaratory Relief
What is a pro se litigant




IT DOES NOT WORK
AND THE HIGHER ONE GOES - THE WORSE IT GETS
TILL ONE HAS TO RESORT - - TO WHEELBARROWS  

Why I need to get them to arrest me

or plum put the SOB bully in his place
 at Judge Banner's Hearing to REVIVE - to "revive" HIS OWN $62,885 unlawful FINE

The Diary of a Madman
 "that there are in the world many undiscovered madmen as adroit
 and as much to be feared as this monstrous lunatic"

*   *   *   *


14.
Judge Paul Banner's batshit crazy hearing
to "revive" his batshit crazy unlawful $62,885 FINE "which the court seeks"
Just click on the picture.   Real lively after a few minutes

The supposed "judgment" they revived - was clearly titled as an ORDER - i.e. a $62,885 punishment - unlawful at that
did not "adjudicate" upon PLEADINGS - certainly NOT by JURY - was a JURY case!

(click here - or on picture. Real lively after a few minutes. YouTube may start with an Ad)
Judge Paul Banner insane hearing to "revive" his own unlawful $62,885 SANCTION ORDER
(HINT: Orders do not go "dormant")
 Background:  "Application for Writ of Scire Facias to Revive"
   Answer to Application to Revive
   Oral Pleading in Writing
 Assignment of Judge Banner - Judge Murphy cannot assign a "visiting magistrate"   
Assignment to pass out PUMPKINS - my spoof assignment to make this point
"Order Reviving Order" - the "judgment" they revived - was clearly titled ORDER
  (This "judgment" - was of course never a judgment,
 i.e. does not "adjudicate" anything - but PUNISHES)
Also note the careful transmogrification from "Order" - to "Sanction Judgment"
Petition to Set Aside Order Reviving - revival of one of the OTHER TWO "judgments" in this cause
*  *  *  *

15.
 The Start of it ALL
was not the BEAVERS - but barratry (stoking litigation) by a lawyer
instead of simply telling his client - to call the game warden
Just click on the picture
(click here - or on picture. YouTube may start with an AD)

*  *  *  * 

16.
 What do I need to do - 
to ring this Court's bell?
  
Detail of the document - click here or on either picture         Notice to the powers that be
 EVEN THIS - A LOUD CRY FOR HELP


 What do I need to do -
to get the attention of our District Attorney
Even Google can understand!
      
    "We are well aware of your [Birnbaum] position" - but they won't do anything              That is why I need to get them to arrest me
Complaint 2003 to then DA Leslie Dixon    Complaint 2014 to then DA Chris Martin    Complaint 2015 to then DA Chris Martin    Complaint 2015 re then DA Chris Martin

That is why I need to get "them" to arrest me -
to force the light of day upon this CRAP

 Choice 1: Do something about this crap

Choice 2: Have me in the courthouse - and at the DA office - with my rusty wheelbarrow, garbage cans, toilet plunger,
  garden hose, pot lids, etc - all items that cannot be mistaken as posing a physical threat -
till hell freezes over

Choice 3:  Else explain to a JURY - why they arrested me, for finally choosing in this manner to so "serve notice" -
 AT OUR COURTHOUSE, of crimes upon me IN OUR COURTHOUSE - and BY OUR COURTHOUSE



 *  *  *  *


17.
Our "thems" - everybody KNOWS - but ... ...   

     That is why I need to get them to arrest me



Van Zandt County Justice Center - aka "our jail"

Why I need to get them to arrest me       inquiry re pre-admittance (AUDIO)
Complaint to Sheriff Dale Corbett         Complaint - yet one more try 



"here I stand - I can do no other" - Martin Luther 1483-1546




*  *  *  * 


18.
 "the big picture" new
When ones DO - as mobsters do - thems ARE mobsters
 ROBBERY by any other name - is still ROBBERY

Statute in courthouse basement. click to enlarge
The scales does not have a pivot - but a control handle
The "strings" - come from a chainsaw
 
and look at the boobs
statute courtesy someone doing "rehab"

"with my rusty wheelbarrow or such"
Time out - Temporary change of emphasis - away from the "thems", and unto "me":

SO FAR, I have focused only on what "thems" did, to prevent "overload" distraction - by what "I" have done.

To keep things kind of "clean" - and visually more "open" - unlike my more chronologically documented www.OpenJustice.US.

AND I HAVE SO FAR FOCUSED mainly on that fraudulent suit against me for that supposed "open account" for legal fees - i.e. "The Westfall Suit".

That was where they put that unlawful FINE of $62,885 and another of $125,770 on me - and that "inconsistent with due process" JUDGMENT of $85,000 or so - which they all did WITHOUT THE JURY.

THREE judgments in ONE "cause", when there can be only ONE - i.e. at a minimum, at least TWO have to be fraudulent!

BUT ALWAYS REMEMBER, that underneath all of this lies that fraudulent suit against me over a natural beaver dam, brought as a violation of Section 11.086 of the Texas Water Code - a fraud in plain sight.

ALSO ALWAYS REMEMBER, that the fraudulent "open account" suit for legal fees, was brought against me by own lawyer, a lawyer who promised to "save" me from that beaver mess, but who, unbeknownst to me at the time, actively solicited and weaseled himself upon me.

AND BEFORE ALL OF THIS, at the very bottom, me peacefully retired on my farm, taking care of my cows and 90 year old invalid mother, and me only having known the courthouse - from getting license plates.

SO HERE, a smattering, of what all I have tried, along the way. Full details, in more or less chronological arrange, on my older www.OpenJustice.US.

So here goes.		 Starting solely upon BEAVERS:

Started with a squabble over an even then no longer existing BEAVER DAM - Plaintiff had DYNAMITED it long ago. ALL I ever did thereafter was INSIDE a court - and I wind up with $1,000,000 in judgments and liens against me.

In America?  How can that be?

Without me ever doing ANYTHING - in behalf of - or in opposition - to the BEAVERS

Or regarding my NEIGHBOR

With me complaining of fraud and assault by the attorney - from the very beginning.

And me complaining of fraud by the judge - by not addressing the lawyer fraud?

And me complaining to the Texas State Bar

And to the Commission on Judicial Conduct

And the Tyler FBI

And any law enforcement agency I could find

And a Potpouri of everyone else

And to "nearly every state agency" - as the attorney would accuse me of at the ALL-WEEK trial
(this is only a few page excerpt)  Full Beaver Trial Transcript

Looking back on this, after 21 years, I drove poor Judge James Zimmermann literally to  "right on the verge of it". And as for  attorney Richard Ray, to "Hopefully, I'll not have the misfortune to have another one exactly like this"    Full Beaver Trial Transcript

How can this be?

THE ANSWER:  Nobody did anything about the "control fraud" - at every level - and things got WORSE.

I am of course talking about that $20,000 pre-paid non-refundable attorney retainer agreement - fraudulently brought as a suit on "open account" against me.
 		 The best way to rob a bank - is to own one

The best way to rob someone - is to own a court.

It is known as control fraud.

Examples: Bernie Madoff $50 Billion Ponzi scheme, Enron, Worldcom, Charles Keating Savings and Loan scandal, 2008 bank bailout, Texas Tobacco Settlement - AG Dan Morales going to jail, Ohio governor Rod Blagojevich going to jail - for trying to "sell" Obama senate seat, etc., etc.  "they did - because they could"

Also known as "to conduct or participate in conducting the affairs of an enterprise" - by a "pattern of racketeering activity", etc.

Such of course is the language of RICO, the federal anti-racketeering statute 18 USC 1961 etc

Enacted by then US Attorney General Robert Kennedy - to control the likes of Jimmy Hoffa infiltrating the labor unions - and to fight the MOB in general.

Guess what - RICO fits perfectly to judges and lawyers - conducting the Court as the "enterprise" - to enable themselves ("to conduct or participate, etc") - to do as MOBSTERS do.

NOTEWORTHY is that civil RICO (18 USC 1963) is one of the few CRIMINAL statutes also providing a PRIVATE cause of action - i.e. allowing "any person injured by reason of the violation" - and there does NOT have to be a prior CRIMINAL conviction" - to bring a CIVIL suit.

FURTHERMORE - the US Supreme Court - in Tafflin v Levitt - extended that right to bring such suit even in state courts.

And more - the US Supreme Court - in Rotella vs. Wood - encourages victims of such conduct - to become "private attorneys general" - "assisting the government" - to "deter the respectively prohibited conduct".

Such of course is EXACTLLY what I did, when I paid attorney G. David Westfall a $20,000 non-refundable retainer - to sue the whole Van Zandt 294th "thems" in the Dallas Federal Court. First Amended Complaint (good detailed info and law)
     

19.
Introspect new
In what way, if any, did I myself bring this on?
Or bring this 'upon' me?  Or was this already 'modus operandi' - i.e. 'in full swing'?
And I was simply 'lured into the net' - with that fraudulent BEAVER DAM suit?
What, if I had started with a lawyer?

What, if I had started with a lawyer, from the very start, instead of going 'pro se', when I was first sued over BEAVERS?

Would the expectations of the outcome have been any different?

Of course. Every lawyer tells you that you need a lawyer. So does every judge (who of course also is a lawyer)

And everybody on the street is afraid NOT to have a lawyer.

Because everybody is scared of lawyers.

And every lawyer needs people who believe they need lawyers" - how else can lawyers make a living?

Now wait a minute - what does this say?

This says that the expectation, of the outcome of a dispute, upon a fixed set of facts, depends upon how, or whether, one is "represented"!

That is a hell of a state of affairs, of the state of "justice" - when looked at in such a simple light.

Stated another way, "how much justice can you afford?"

It is also, of course, a measure of just how much evil, an evil lawyer, or evil court can do, and how easy it is for such to be the case.

Sideline:
In ancient Greece, it was ok to have someone "speak" for you, but he could not "charge" for it. Romans somewhat "pretended" themselves around this little problem.  Greek law - regarding 'being paid' - of course made it impossible to establish "lawyering" - as a profession.
History of the legal profession - Wikipedia  		 Just what did David Westfall know?

Just what did David Westfall know about how they "do" justice in the Van Zandt 294th District Court - at such time as he sued me  - in the 294th?
 Westfall suit against me - in the 294th

And how did Westfall come to know?
 Westfall found out - as then being my lawyer

" 1. This action arises out of a scheme round and about the 294th District Court in Canton, Texas (''Wallace's Court") in which one or more of the Defendants attempted to "enrich" themselves by using their relationships in the Court to extort legal fees, moneys, and other valuable things, by the use of fraudulent documents, arguments, and corrupt Court process as weapons for malicious prosecution.

" 2. When in 1995 Defendant Ray entered a totally fraudulent Cause against Birnbaum, he was well aware of the availability to him of others round and about Wallace's Court who he knew could and would participate with him to make Birnbaum pay.

" 4. When Birnbaum started complaining about Ray's fabrications, the whole Court process upon Birnbaum became a "must win" enterprise to send a message to Birnbaum and the community as to what happens when someone starts complaining in Wallace's Court and does not pay up front."

Details:  Birnbaum vs Ray, Wallace, etc, civil RICO suit as brought by G. David Westfall, Dallas Federal Court

Also:  Collins vs Parrish, Wallace, Gohmert, etc civil RICO suit as brought by G. David Westfall, Dallas Federal Court
 Just how did this all "happen"?

Did NOT just "happen".

G. David Westfall planned it this way.

And the local "thems" were of course already in their "will no one rid me of this turbulent priest" mode - with their BEAVER DAM SCHEME upon me.

With "thems" fully welcoming the incoming executioner knight - G. David Westfall.

Exactly as I thus pleaded in my Answer and Counter-Claim - to G. David Westfall fraudulent suit upon me.

And executioner knight - "visiting" judge Paul Banner - arriving shortly thereafter.

Here, directly from my Answer and Counter-Claim -starting with the very FIRST paragraph:
      

" 1. This never was an honest "collection" suit, but a full-blown racketeering scheme being executed within full view of this Court as evidenced by the documents already before it.

" 2. All the elements of "Civil RICO" are met. The association in fact of "The Law Offices of G. David Westfall, P.C." and "G. David Westfall Family Farms" is an "enterprise" as defined in 18 U.S.C. $ 1961. G. David Westfall, Christina Westfall, and Stefani Podvin are RICO "persons" as defined there, conducting the affairs of this "enterprise", and are and have been
participating and conducting by a "pattern of  racketeering activity" by personally committing or aiding and abetting the RICO requisite "predicate acts"

Birnbaum vs Westfall - civil RICO counter-claim, to G. David Westfall fraudulent suit against Birnbaum

                       
"when 'thems' do - as mobsters do - 'thems' ARE mobsters"

"robbery by any other name - is still ROBBERY"

                         
     

20.
 But for Judge Louie Gohmert hissy fit in Dallas Federal Court"

"But for Judge Louie Gohmert hissy fit before federal Judge Jorge Solis -
all this bad JUDGE PAUL BANNER stuff upon me -
would NOT have been" -  details below


21.
 "going up the line"

 Texas 294th District Court of Van Zandt County
 $62,885 and $125,770 Court FINES:
 "WELL-INTENTIONED" - as caught by the court reporter
    ALL VENOM - as in the $62,885 FINE     ALL VENOM - as in the $125,770 FINE (2 x 62,885) 

suit against me - was for "unpaid open account"    No such account ever existed    FALSE jury instruction and questions - ALL FRAUD


 2.
Texas Dallas 5th Court of Appeals:
     Brief for Appellant   Appendix Vol 1     Appendix Vol 2    Motion for Oral Argument    Motion for Judge Banner to make Findings 
  Exactly HOW Judge Banner's Findings are an "ex-parte" FRAUD        Judge Banner's Findings      Opinion of the Court
    Notice of Denial of Appeal     Petition for  rehearing en banc    Notice of Denial of Rehearing     


3.
Texas Supreme Court
Petition for Review
  Appendix
   Notice of Petition DENIED
   Motion for re-hearing En Banc
 Notice of Motion for re-hearing DENIED  


4.
US Supreme Court 
 Petition for Writ of Certiorari - my appeal to the US Supreme Court   Notice of Denied
5.
Other complaints / petitions / etc. about Judge Paul Banner - incomplete
Criminal complaint   Petition for Writ of Mandamus  Petition for Declaratory Relief
  Criminal complaint   Before Judge John McCraw (court audio) - good law in here
    Before Judge Banner (court audio) - good "how the cow eats the cabbage"
    My physical cry for HELP - before the court (court audio)
judges etc I have been before / complained to


"How the Cow eats the Cabbage"
 where the phrase comes from

Notice to "The "Powers that Be" - time to stop this crap       Same - Notice to "The Powers that Be" - as email

Notice of Intent to Confront the Court"       Why I need to get them to arrest me

   Synopsis of Evil - The Emperor has no Clothes   They have been publicly put on Notice - AUDIO

  Criminal Complaint - re Judge Banner - to 2003 DA Dixon    Criminal Complaint - re Judge Banner - to DA Martin

    Criminal Complaint - re DA Martin

*  *  *  *


      Guide to this site
1. Use <CTR>  < +,- >  to adjust text / display size

2. See my www.OpenJustice.US for MUCH, MUCH more. (do a <CTR> + <F> there for the word / name)

3. NOTE: Sometimes I have provided a "hyperlink" to a "bookmark" in this "other" site. Use the browser <BACK> button to get back out of there. Sometimes takes SEVERAL <BACK>
The damn Beaver Dam Suit against me - key documents

Before this fraudulent "BEAVER DAM" suit upon me, I was peacefully RETIRED on my farm, taking care of my cows and invalid 90 year old mother,
 and had only known the courthouse from getting LICENSE PLATES! 

My neighbor Jones' complaint - was about BEAVERS

His shyster lawyer sues me - for ME wrongfully and unlawfully "building and maintaining" a dam in violation of  Section 11.086 of the Texas Water Code. ALL FRAUD.
(he can't sue me over BEAVERS - they are not my beavers - so he simply changes the facts)

Sheriff's Deputy Report - on day suit served on me

Private Investigator Report - and related "stuff"

Van Zandt Courthouse Beaver Dam Scheme - before this I had only known the courthouse FROM GETTING LICENSE PLATES

I complain of fraud to Judge Wallace

Harassing deposition by Canton Attorney - look at the exhibits at the END - then search for "Christmas" - in the document. Would be funny - if it were not so sad.

Jury trial exhibits - lots and lots of photos

Trial Transcript - of the all-week jury trial

Court's Charge - Judge Zimmermann gives fraudulent instructrions and questions to the jury. Even then, the jury finds ZERO damages (unanimous verdict)

The fraud just keeps on going - This "string" of filings shows where despite having gotten a ZERO from the jury, both attorney Ray and Judge Zimmermann - are still trying to pin $10,000 in LEGAL FEES against me.  ALL FRAUD. Not a "winning party".
This may have been a LONG time ago - but it was what directly allowed attorney G. David Westfall - and Judge Paul Banner - to fall and prey upon me.
An adventure into the skeleton closet of our court circus. new

Joint Motion for Dismissal - just ONE of my many attempts to pound some sense into my neighbour's head. The much discussed "Christmas Card" - was another. Cover of card   Inside of card   Envelope of card   Search for "Christmas" in the trial transcript, also in the earlier harassing deposition

Another attempt at Jones - and letter back from his attorney. Just for the record - an attorney may NOT directly contact another attorney's client - but there is nothing keeping me - a non-lawyer - from directly talking to my neighbor.

Let us get out of this stinking courthouse - again pleading with my neighbor - to get ourselves OUT - that his very LAWYER - is bleeding him:

 BILL JONES:
 "Richard Ray screwed up you case from the beginning, with his preposterous claim of you having told him that I was "building and maintaining a dam". Then he kept you tied up at the Courthouse for FOUR YEARS, and took from you at the rate of $125.00 an hour."

I asked for trial by jury, which should have come as no surprise. But Richard Ray telling you that it was I who was holding you up in Court, by asking for trial by jury, is a BLATANT LIE!

Richard Ray could have gotten you out of the Court at any time, because I was not seeking any damages. Richard Ray could have gotten you out of the Court simply by him getting out, and that would have ended it.
That is what he has been hiding from you for FOUR YEARS!

Let us escape this Courthouse, by a simple handshake, and make it official by our signatures on the attached "Joint Petition", and both walking up to judge Zimmermann and jointly asking him to order Richard Ray to return the legal fees he has wrongly extracted from you. Richard Ray has kept YOU from talking to the judge for FOUR YEARS.  etc
Let us get out of this stinking courthouse
Hearing Entry of Judgment" - hearing after hearing to assess "legal fees" against me. (legal fees recovery NOT even available for suit under Texas Water Code - and certainly NOT a "winning party"). I finally resort to hiring a local attorney - to pound some sense into Judge James B. Zimmermann - to no avail.

The Beheaded Calves - Dallas attorney G. David Westfall comes on the scene - and unbeknownst to me at the time - starts soliciting me to become my lawyer

G. David Westfall sues Judge Zimmerman, etc. etc. , under "civil RICO" - for engaging in a "pattern of racketeering activity" - with the "beaver dam scheme"

Judge Zimmermann "recuses" himself - off the case - without ever pronouncing or signing any judgment

Things keep rocking along - Attorney Ray still pushing to get his $10,000 in attorney fees

Bill Jones DIES - the "nominal" BEAVER plaintiff. Attorney Ray is "free lancing" ever after

A potpouri of judges

Fraudulent "judgment of affirmative injunction" - despite lawyer NOT having been a "winning party" (ZERO damages), the matter of injuction NOT having been submitted to the JURY, i.e. NO FINDING of "imminent and irreparabe harm", Judge Ron Chapman NOT having been the trial judge, therefore CANNOT sign ANY judgment of ANY KIND, and Judge Chapman NOT having heard an IOTA of the case!

Petition to set-aside "judgment of affirmative injunction"

Emergency Motion for Relief from TWELVE Giant Van Zandt County Hogs - such hogs interfering with my court-ordered surveillance of Steve's Creek

The damn Beaver Dam Suit against me - short narrative
"if the law does not fit - - just change the facts"

My upstream neighbor, retired military, captain I believe, then bank loan officer, then pet shop owner, goes to war with his BEAVERS.

DYNAMITES a fifteen (15) foot section, of their four (4) foot dam, of their ten (10) acre lake, and flushes the whole MESS down upon and across my farm.

And afraid the "overgrown rats" would come back, wants to DYNAMITE on my downstream creek.

Permission denied. Problem was in his head. No more BEAVERS. He had solved HIS water problem - all by HIMSELF - on HIS property - by clearing out HIS beavers.
His shyster lawyer, seeing two old codgers, and lots of "legal fees" - and knowing natural beavers do not give him a "cause of action" - simply changes the facts.

Sues me for violating Section 11.086 of the Texas Water Code, for me having been and presently being the cause of my neighbor's flooding - by having "built and maintained" a dam, and wanting the court to ORDER me to remove such dam, and seeking $10,000 in damages.

All fraud. No such dam, No such flooding. I represent myself "pro se", i.e. self-represent, i.e. have no lawyer.

All week jury trial. Unanimous verdict of ZERO damages.

Judge James B. Zimmermann, nevertheless, wants to put $10,000 in attorney fees against me, and an injunction to force me to remove my non-existent dam.
Judge Zimmermann had hearing after hearing after hearing - always telling me he was going to enter judgment against me for $10,000 attorney fees.

And finally, out of desperation, I picked a lawyer - at random - out of the Tyler telephone directory - he told me to file a motion for a "take nothing" judgment, even gave me an example filing - and did not even charge me. He must have felt real sorry for me.

But no luck with Judge Zimmerman. So I hire an Athens attorney, pay him $2500 - and he does a bang-up job before Judge Zimmermann - but again no luck.


THE CALVES - - what really went on - - real simple
 The Beheaded Calves - how G. David Westfall became my lawyer
G. David Westfall would be the one to later sue me
 (Use  <CTR>  < +,- >  to adjust text / display size / image below)
THE CALVES - - what really went on - - real simple

 The Beheaded Calves - how G. David Westfall became my lawyer
G. David Westfall would be the one to later sue me

Living with me at the time was my invalid mother, aged 93. A friend, Michael Collins, whom I had come to know through visiting Judge James B. Zimmermann always hearing both of our cases on the same day, was also living on my farm in a little trailer he had moved in. I had also let a local young man, not living on my farm, bottle feed some dairy calves at my barn.

Early one morning, the fellow banged on my door, to tell me that the heads of some of his calves were cut off, that there were no heads around, and no blood either.

Someone must have contacted the sheriff - and it seems like everybody came out - the newspaper, then constable C.B. Wiley, the speculation being that it was connected to DEVIL WORSHIP - and the whole shebang made the front page of the Athens paper - with a full-color picture of the beheaded calves - and my name and Mike's.


WESTFALL SUPPLEMENTAL STUFF:
(These are old archives. Links therein no longer work)

Westfall CONVICTED of ANIMAL CRUELTY - for STARVING his COWS

Westfall, as "DR. WESTFALL" - as "founding director" - in big CATTLE "investment project" - in BRITISH GUIANA.

Westfall - running all over the World - supplying PRIZE BULL SEMEN - from his "prize" Brahman herd

This stuff ALL in hindsight. If I had known at the time, I surely would NOT have retained Westfall !!!!
A few days later, I received a call from a Kathy Young, trying to get in contact with Michael Collins, and I relayed the message to him.

Kathy told Mike, that a big-time Dallas lawyer wanted to meet with him - and would drive the 70 or so miles from Dallas - if Mike would drive out to Kathy's place in adjacent Henderson County, about 10 miles south of my farm and Mike's trailer.

And so Mike came to meet that very night with who turned out to be G. DAVID WESTFALL - who would ultimately become Mike's lawyer - and ultimately mine also - and ultimately sue me.
 
Neither Mike nor I had ever even heard of Westfall or Kathy. Nor did I know - at that time - why Mike, Westfall, and Kathy came to meet in such manner, so suddenly, and on such a cold rainy night.

Westfall, I much later learned, had been convicted of animal cruelty - for starving a whole bunch of his cows. That is why the beheaded calves might have caught his attention.

And I NOW know, just exactly HOW the calf mutilation story got to Westfall:  A local man read the story, and passed it on to his sister, who was a criminal defendant with G. David Westfall as her lawyer.
 
I NOW know that G. David Westfall's motive was NOT Collins, nor the beheaded calves, nor money at that moment, but he was URGENTLY trying to ingratiate himself with JUDGE JAMES B. ZIMMERMANN - by helping ZIMMERMANN get out from having royally screwed up - with his all week BEAVER trial - with Mr. Birnbaum still making loud noises - - -

- - - and now DEVIL WORSHIP - with a full color front page spread in the Athens Review!

After Westfall ultimately became my lawyer, he wanted me to DROP Judge Zimmermann as a defendant, Westfall telling me not only was Zimmermann his friend, but because  "you will actually have a stronger case that way" - - - because Judge Zimmermann is so highly respected.

And in Collins' suit, when Westfall became Collins' lawyer, Westfall also wanted to drop Zimmermann out of Collins' suit, same reason given, and Collins did indeed let Westfall drop Judge Zimmermann.

MY lawyer working for the OTHER side - although I did not recognize it at the time.


The fraudulent Westfall legal fee suit against me - key documents
G. David Westfall was claiming an "unpaid open account"
There was NO SUCH ACCOUNT at all

Westfall retainer agreement - a mere "memorandum of our understanding" - as the document so states, regarding "expectations" - re my non-refundable $20,000 pre-paid    The federal Civil RICO suit Westfall filed

Westfall fraudulent "unpaid open account" suit - no such "open account" ever existed - there never was a "debtor/creditor" relationship. Was $20,000 non-refundable pre-paid.  Westfall First Amended - now actually sworn.

Deposition of Westfall - Westfall has no accounting at all - VIDEO - A "must watch" of a lawyer squirming
TEST ONLY - via Vimeo

Deposition of Westfall - "running in the red" -VIDEO - His supposed "systematic records" - does not notice a $18,121 "hole" - for SIX months!

Westfall amends his suit - now adds sworn affirmation as required for a "sworn account" suit

Motion to Appoint an Auditor - Judge Banner refuses to appoint an Auditor as he is required to do per Rule 172 - with TWO diametrically opposed AFFIDAVITS.  Supplement to Motion to Appoint an Auditor

Petitition for Writ of Mandamus - to the Tyler 12th Court of Appeals - to make Judge Banner appoint an AUDITOR.

Judge Banner gives fraudulent jury instructions and questions to the jury - does NOT submit issue of whether an "open account" even existed. Details in my mark-ups

Plaintiff's requested jury questions - even these were already fraudulent. But at least asked whether I FAILED to do anyting - instead of Judge Banner fraudulently INSTRUCTING the jury - that I HAD.

Birnbaum's Objections to Judge Banner's fraudulent jury questions - handwritten and FILED then and there on the spot..

 Closing Argument. Lawyer Frank C. Fleming paints me as a CRAZY - equating me to John Nash in "A Beautiful Mind".  I did not recognize what he was doing - not having heard of the movie - and the lawyer not referring to John Nash by name.
There had of course been no evidence - to crazy.
Incidentally - John Nash received a NOBEL PRIZE.
Judge Banner FINAL JUDGMENT - says "FINAL" - "All other parties to this lawsuit having been dismissed previously by summary judgment rulings of the Court", Also: "All other relief not expressly granted in this order is hereby denied."

YET THINGS KEEP ON GOING - CRAZY MAN CRAZY.  Motion for Sanctions with my Response - to get the Justice Department involveded

Judge Banner imposes $62,885 FINE - and "awards" it to Westfall's WIFE and DAUGHTER - both of whom he had LONG AGO DISMISSED.  Also, this was a JURY case - NO JURY HERE!

 And they came back AGAIN, over TWO years after that, and got themselves ANOTHER $125,770. CRAZY-MAN-CRAZY

Judge Banner makes CYA "Findings" - to conceal his unlawful $62,885 FINE.

Judge Banner real reason for his $62,885 FINE - as caught by court reporter - as PUNISHMENT for me having made a counter-claim - a First Amendment Right - and a "civil RICO" at that.

Judge Chapman imposes ADDITIONAL $125,770 FINE - for me complaining  about the Judge Banner $62,885 FINE - and for "a delusional belief held only inside the mind of Birnbaum", etc. etc. ad nauseam.  

AND "AWARDS" IT TO THE SAME LONG AGO DISMISSED PARTIES. THIS WAS TWO YEARS LATER!

AND AGAIN - NO JURY HERE. CRAZY.

THIS MAKES THIS THE THIRD JUDGMENT. (There can only be ONE!)

HERE ARE THE "ABSTRACTS OF JUDGMENT" - placing LIENS against me - on each of the THREE "judgments" - ALL FRAUD
 
HERE ARE THE "WRITS OF EXECUTION" - sending the sheriff to seize property - on each of the THREE "judgments". (There can be only ONE judgment in a case. This mess has THREE.

"Happy April Fools Day"- my recollections upon the insane April 1 recusal hearing, the $125,770 FINE, the $62,885 FINE, the Westfall fraud, etc.

Abstract of Judgment - upon Judge Paul Banner unlawful $62,885 FINE. Can't do abstract of JUDGMENT - on an ORDER.

 Writ of Execution - send a sheriff with a gun

 Petition for Declaratory Relief to the Tyler Federal Court    w Exhibits   - for relief from Judge Paul Banner $62,885 unlawful sanction.     136 pages of court "stuff" 
Application for Writ of Scire Facias to Revive Judgment (This "judgment" - was never a judgment)

Hearing to Revive Order - AUDIO - real "scrappy" hearing before Judge Paul Banner. Insane "revival" of an ORDER. ORDERS do not go "dormant".   Assignment to pass out PUMPKINS

Hearing before Judge John McCraw - AUDIO - me complaining about Judge Paul Banner - good case law in here.  Well worth listening to - several times over!    PDF

Complaint at the District Attorney - AUDIO -  The investigator threatened too "personally put the handcuffs" on me - if I had "made all this stuff up" - then he disappears.

Again at the District Attorney - AUDIO - When I did NOT hear back from the investigator - AS HE HAD PROMISED - I went back again. Listen to this carefully - why did he NOT act upon my complaint - or "personally put the handcuffs on me" - as he threatened - if I had made a false report to him.

Inquiry at our JAIL - AUDIO - my "just for fun" inquiry - about the "services" they can supply.

Van Zandt Courthouse Beaver Dam Scheme - before this I had only known the courthouse FROM GETTING LICENSE PLATES

Texas Law Question re judgments: (hanky-panky against me) - my question to justanswer.com on the internet - cost me $60 or so - gave me a very good "teaching". If you look at all the back-and-forth - they had to get a SECOND lawyer! But they "feature" my question, and their ANSWER! (this is a link to their current web URL)

Texas Law Question etc - in case www.justanswer.com web posting "goes away".  As Windows 7 'snipit' capture to JPEG.  As "web page complete html" capture.  (may not work)

 

LATEST

MY "ONCE-AGAIN" TRY - AUDIO - so that I will NOT again be forced - to make a SCENE - to get the attention of this court.  AUDIO

 My prior try to force 'thems" - to ARREST me (AUDIO). (self explanatory - 1 minute audio)

 Why  I need to get them to ARREST me (this link here for handy reference).

 My follow-up e-mail - to my today's (1-7-2020) "once more try". 

 


The fraudulent Westfall legal fee suit against me - short narrative
G. David Westfall was claiming an "unpaid open account"
There was NO SUCH ACCOUNT at all.

This suit against me, was by MY OWN lawyer - whom I had retained because of the Beaver Dam matter.

Or rather, by my own lawyer - who had PRESSED HIMSELF upon me - unbeknownst to me at the time.

Westfall did have me sign a retainer agreement, or rather a "letter memorandum of understanding" - regarding billing and accounting - re my $20,000 PREPAID retainer.

However, in depositions, when I questioned him, Westfall flatly stated that he had NEVER "promised anyone that they would be billed monthly".

And even after having the document open right in front of him - Westfall would NOT admit that he had indeed promised to "bill me monthly".

This raises TWO issues:

1. If Westfall indeed never routinely promises anyone that they will be billed monthly, WHY would he not only TELL me he would, but indeed put it ON PAPER?

2. And at depositions, confronted with paper, why would Westfall insist, that he had not promised, that he would bill monthly.

Monthly billing is of course normal procedure - on ANY account - if for no other reason that that ERRORS can be timely corrected - and FRAUD by BACKDATING - as Westfall had done - precluded.
Then of course there was no ACCOUNT established by me retaining Westfall, with my non-refundable $20,000 pre-payment, and NEVER a debtor/creditor relationship.

And certainly no OPEN ACCOUNT as he sued me for, i.e. a '"systematic sales and delivery" of "goods or services" - like between a house builder and lumber yard - the lumber yard always bringing "new stuff" - and the house builder always paying off on the "old stuff".

So WHY did Westfall promise ME - on paper - that he would bill me monthly - and also promise - on paper - NOT to charge me any large amounts - "without my approval"?

Very simple. Westfall knew I was not stupid, and that I would NOT sign any agreement, WITHOUT such assurance in there.


Short Tutorial on Due Process and "Suit on Open Account"
1. A suit on "open account" - is something very special. Per the rules of procedure, if I had not denied Westfall's claim - UNDER OATH - Westfall's numbers would have been "deemed" true - and I would no longer be allowed to deny such account.

2. Westfall's initial filing of his "open account" suit did NOT include an AFFIRMATION under oath. Westfall attaching such affirmation - would of course have tipped me off - that is why he did not attach such, nor "The Bill" - which he would later produce, as well as an affirmation.
3. Under this "state of affairs" - of TWO diametrically opposed affidavits - Judge Paul Banner was REQUIRED to appoint an AUDITOR - "to make a finding for the Court" - of the "state of the account" - FOR THE COURT.

4. Judge Paul Banner not only REFUSED to appoint such, but even REFUSED to RULE on my motion to appoint such auditor.

5. I therefore filed with the 12th Court of Appeals in Tyler for a Writ of Mandamus - to make Judge Paul Banner appoint such auditor.

6. Judge Paul Banner appointing an auditor, would of course have stopped the Westfall fraud in its tracks - and precluded the Judge Banner fraud of fraudulent instructions and questions to the Jury.

7. And precluded the $85,000 judgement, the $62,885 sanction, and the $125,770 sanction.

8. AMEN - for now. Enough said - for now.

solved
G. David Westfall's dark secret: new
G. David Westfall was MY VERY OWN lawyer, who got himself close to a million dollars against me in "legal fees"
p.s. Has not gotten a penny out of his "win".  Is not going to either.  Deceased - run over by his own tractor

Why would Dallas attorney G. David Westfall dare to file not only ONE,
but TWO federal racketeering suits against a dozen or so judges
that he had every expectation to be BEFORE again?

No lawyer in his right mind would do such - unless?  So what goes?
Very short background:

G. DAVID WESTFALL was the Dallas lawyer, who unbeknownst to me at the time, had actively solicited me through one of his "lady clients" working off her legal fees at Westfall Family Farms.

Such introduction to Westfall was by reason of Westfall having come across the newspaper article on the BEHEADED CALVES at my farm.

WESTFALL introduced both me, and a MICHAEL COLLINS, a pauper who was living in his little trailer he had parked on my farm, to RICO and civil RICO, and urged both of us to file civil RICO suits against the Van Zandt "thems" as were upon both me, and separately, upon Collins.

WESTFALL urged both of us to do so Pro Se, i.e. without a lawyer, that he would "advise" us, and come "on board" if it became necessary.

WESTFALL pointed us to Civil RICO Practice Manual, by Paul Batista, even paid for a Dallas Library charge card, so I could make copies.

 

 G. David Westfall becomes my lawyer:

As a starter, Westfall "helped" Collins, with a slip-and-fall case that Collins already had against Walmart in Kleburne, Texas.

Then Westfall took over fully.

Then, somewhere around this time, both Collins and I filed our Pro Se civil RICO suits in the Dallas Federal Court - against some of the same "thems" in Van Zandt County.

Then as the Attorney General appeared in behalf of the "judge defendants", and as the fur started flying, and one of Collins' defendants, Judge LOUIS B. GOHMERT (now US representative Louie Gohmert from Tyler, Texas), appearing as a Pro Se, filed a Motion for Sanctions against Collins, and became ever more vocal.

Thereupon  Collins somehow talked Westfall into taking over, despite Westfall knowing of the already filed Motion for Sanctions, and despite Westfall knowing that Collins had no money, and Collins and Westfall signed a representation contract.

Just TWO days later, Westfall also became my lawyer, as I paid him a $20,000 non-refundable retainer "to make time available".



 My civil RICO lawsuit - sort of quietly disappears:

Here is some of the wallpaper stuff. The documents show, and Westfall tells me, that my our judge, Jerry Buchmeyer "never saw your case", and when Westfall would not do anything about it, I fire him. The filings - all as one. In somewhat chronological order.


Collins' civil RICO lawsuit - on the other hand, blows up in Westfall's face:

As detailed elsewhere on this site, Both Collins and Westfall get SANCTIONED $2500 EACH.

With Judge Jorge Solis stating "How an attorney as Westfall, etc.

The Fly in the Ointment - JUDGE LOUIS B. GOHMERT

"The Fly in the Ointment", of course was Louie Gohmert, who unlike the others, took things as a PERSONAL affront, and would NOT accept that anyone suing judges is a no-problem: "let them wear themselves out" - we all know how to handle this kind of stuff. "let them wear themselves out". NO PROBLEM.

Conclusion - and damming indictment of the system

G. David Westfall, in filing these civil RICO lawsuits, was after the $20,000 he weaseled out of me, was setting me up for a suit for ADDITIONAL legal fees, fully NOT expecting a hissy fit by the likes of LOUIS B. GOHMERT - before rising to the top of the BANANA wing of our House Congressional Republicans.

AMEN


But first - a little bit about me
as an intro - to my later on "opinions" - on our courts - and everything else under the sun
UDO BIRNBAUM - Defendant











Elementary school, Triangel, Germany, view down village main street. Two-hole outhouse across the street on the left. Athletic field (two wooden goal posts) just behind outhouse. Hand water pump just behind the railing, lower right. Picture taken 1968 - on a side trip while on field service for Texas Instruments to Messerschmitt Aircraft, Munich, Germany. Picture via scan off a 40 year old Kodachrome 36 mm slide. Elementary school, Triangel, Germany. Teacher lived in the school house, taught all 8 grades, in the same room, all at the same time! We had no books, paper, or pencils, wrote on slates which would be wiped clean again - with WATER. Some of the kids would bring in some of the local peat - for heating. The refugee kids would be served some soup - into tin cans. Approximately 20 students. Class half day only, including Saturday. I went here through 4th grade, 1947. The mottled trees are birches, a northern tree. Me, 1947, in Germany, two years after the war. Had just started fifth grade in middle school in Gifhorn, Germay, 4 miles away, then population 5000 or so. Now 40,000 or so, because of Volkswagen headquarter in Wolfsburg, 10 miles or so away.

In summer we would go by bicycle, on foot in winter with all the snow, and not at all when it was impossible outside.

From my coming book
how I came to America as a 13 year old

The long way to Germany  An introduction about how I came to grow up in World War II Germany

The flight home  How I came to America as a 13 year old, speaking hardly any English

Triangel   Our tiny German little village. No cars, radio, telephone, ice box. Just on foot and bicycle. But it kept us safe.

Winter  German winters were long and dark. Northern Germany is at the latitude of Hudson Bay, Canada.
  
  

Food  Some of the ways we supplemented the ration cards - rabbits and our garden. My father had dug up everything - to plant vegetables.

The house  I got moved out of my room - to make room for the many refugees coming to Triangel. Before it was over, there were about 4 refugee families with us.
 
The American troops show up   I started learning English from the GI novels. There were no books!  Everybody got kicked out of the house - we became refugees ourselves - in a single room at a neighbor.

CARE packages    Americans could for $10 send food packages to war torn Europe.		 Middle School  I hated religion classes in school. We had religion class - once a week - with that teacher coming in by bicycle.
 
Harz mountains One of my first school trips after the War.  The Russian Zone.

To the American consulate in Hamburg  A frightening nighttime trip by train. Just learned via the marvels of Google - that this was because of  "hamster trips" - all the people from the big cities going into the countryside - to work or beg for food.


a little bit more
 "survived Hitler", but done in by a damn BEAVER DAM SUIT - and crooked judges - in AMERICA
UDO BIRNBAUM - Defendant
My farm in Van Zandt County:

 Both of my parents, then aged 86 and 80, had helped pay for my house and moved in with me on my farm. We would go visit with my neighbor who was the one who would ultimately sue me over BEAVERS.

 We would all sit at the little area near the pier of his catfish pond, which he had built up on his hill, with water being pumped up from his property where beavers were damming up Steve's creek, the little creek coming from his place onto my property.

 Mr. Jones was real proud of the baby catfish he was raising, till one day I tried to show him that these were NOT baby catfish - but TADPOLES. To him they were catfish - and I found myself forced to immediately change the subject. Enough said.

 But Mr. Jones did help me put in about 400 feet of pvc pipe down to my stock tank, much like he had done down to his beaver dam.

 He also gave me the ringneck pheasants he had been keeping up by his house. Talk about WILD and CRAZY birds!

I myself had all kinds of things running around, geese, ducks, pheasants, guineas, quail, bees, catfish, cows, calves, dogs - plus several gardens between my father and me - and the two of us planting trees all over the place.

 In the meantime my father had died at the age of 93 and my mother aged 90 had become an invalid - and I had not talked to Jones for several years - till he called, all exited - complaining about BEAVERS.

 At that time I was tutoring about 12 neighbor homeschooling kids - grades 6 to 12 - but only in science and math.
 		My farm in Van Zandt County (cont'd)

We would meet at different homes during the week - and these kids and their parents would be the ones I took out to the alleged BEAVER site - Jones' crazy lawsuit in hand - and reality out there for everyone to see - and these kids would show up in all of my court trial exhibits.

I was also at the time bottle raising about 60 dairy calves.

Incidentally, without my knowing it, one of the parents I had taken out on my "field trip" - confronted Jones about his crazy WATER CODE suit - and Jones told him - that he had NOT told any such to his lawyer - and that his lawyer had told him, that he would "take care of it".

Growing up in Germany:

I grew up as a child in Germany - as a German - 8 years old at the end of World War II, 13 years old when I came to America, hardly speaking any English.

But we missed ALL of the war, never went hungry, lived off RABBITS and our large garden, never saw anybody hurt or bombed.

Never saw a German soldier, anyone in boots or uniform, marching music or propaganda. We had no radio, no telephone, and no news.

Later on we had had about four refugee families come live in our large house - and the little newspaper - we would alternate as to who would ultimately be using it for TOILET PAPER!

The young men were of course all away at war - but who notices that as an 8 year old?		 Growing up in Germany (cont'd)

And I did not know, at the time, that I had been born in Houston, Texas - when my parents were over here in the 20's and 30's - finding oil fields!

It was, of course, wise NOT to tell me about America, certainly NOT with Hitler running around!

And the one, who my dad had worked for in Houston, before my dad had gone back to Germany in 1938, who had become a millionaire - when it still meant something to be a millionaire - would be the one to pay the bill for bringing us back to the good old USA, and "sponsor" us - so we would not become a burden to the taxpayers.

School - Houston and Dallas:

At Houston Deady Jr. High, they put me into the eighth grade and into a remedial class.

At Houston Milby Senior High I would be co-valedictorian of a class of about 400.

At Rice Institute (now Rice University) I would graduate magna cum laude with a degree in electrical engineering.

Then on to Dallas and Texas Instrument, field service to Saigon, South Vietnam, then a career designing several integrated circuits - part of the "hardware" visited upon Saddam Hussean in the First Gulf War.

Then sometime later I bought a farm in south Van Zandt County, with my parents moving in with me.

Then, in my dodage years - BANG - the DAMN BEAVER suit.

But, at least, avoided Hitler.

* * * * Time Out * * * *
time for a short recap
The BEAVER dam lawsuit on me - that is simple to explain - pure barratry.

Pure inciting litigation - KNOWING that his client did NOT have a cause, as indicated by the lawyer NOT filing a lawsuit upon BEAVERS.

"If the law does not fit - simply change the facts"

So WHY did he think he could by with this?

If I would have gotten a lawyer - my lawyer would have also filed some papers - and between them they would have ultimately buried Mr. Ray's fraud.

Mr. Ray certainly had no expectation of me NOT getting a lawyer, paying the JURY FEE, and me LEARNING as quickly as I did, and winding up in an ALL WEEK trial!

And Judge Zimmermann having hearing after hearing after hearing to impose $10,000 in attorney fees against me, despite a unanimous verdict of ZERO damages!

And after I finally retained a lawyer, Judge Zimmermann, Mr. Ray, and my lawyer had seance after seance at the bench -

And my lawyer approaching me, telling me that if I were to offer something like $2500, that Mr. Ray might settle for that.

That is where attorney G. David Westfall enters upon the plot.
 The G. David Westfall "unpaid open account" lawsuit on me - that is a little harder to explain.

And certainly NOT of the "ordinary barratry" type.

More like PLANNED ROBBERY - using his "participating in the affairs of an enterprise" - the court being the "enterprise", such enterprise "affecting interstate", and his law license as the "means" of "participating in the affairs", etc. and me being "any person" "injured by reason of" the violation of etc.

Such of course being the wording of "conduct" outlawed by the RICO statute.

Such of course was my counter-claim upon Westfall and his Office staff daughter and wife.

Such claim Judge Paul Banner did NOT let me present to the jury.


The $62,885 and $125,770 FINES:

REGARDLESS, of what my claim may have been or not been, these fines are PLUM UNLAWFUL:

1. A court, by civil process (i.e. a civil lawsuit) cannot unconditionally punish - as the judges did upon me. PERIOD. US Supreme Court

2. Can ONLY "sanction" to "coerce" into compliance - like go to jail till you testify, etc

3. A court cannot punish upon the merit of a case, and certainly NOT for being "well-intentioned", as caught by the court reporter. 

This for ready access - more fully elsewhere on this site or on my other website

www.OpenJustice.US  - my original "full data" site

www.CourthouseAwarenessNews.com - same site

Van Zandt Courthouse Beaver Dam Scheme - my short YouTube

"well-intentioned" by Judge Paul Banner - as caught by the court reporter

unlawful $62,885 FINE by Judge Paul Banner - Judge Paul Banner CYA

unlawful $125,770 FINE by Judge Ron Chapman - ravings of a MADMAN

Why I need to get them to arrest me - to shine some "light of day" - upon this CRAP upon me

Synopsis of Evil - the Emperor has no clothess

But they have been publically put on notice - AUDIO - me with my "batshit crazy" posters - crying for HELP - in our COURTROOM
 

What has Louie Gohmert got to do with all of this?
 he was Judge Louis Gohmert at the time


But for Gohmert having thrown a conniption fit in the Dallas Federal Court -
All this bad stuff upon me - would not have been
details as Q/A  incomplete
 

              As Q/A - and intro to the "players"

What has LOUIE GOHMERT got to do with all of this?

If it had not been for Judge Gohmert, a certain MICHAEL COLLINS would not have gotten a certain G. DAVID WESTFALL as his lawyer -

- and neither would I, UDO BIRNBAUM likewise have gotten such G. David Westfall as my lawyer -

- and be ultimately fraudulently sued by such G. David Westfall claiming an unpaid open account for legal fees against me -

- and come before JUDGE PAUL BANNER -

- and come before JUDGE RON CHAPMAN -


So what exactly is it that Judge Gohmert did?

Short answer - Judge Gohmert threw a conniption fit upon Mr. Collins, just like Judge Paul Banner and Judge Ron Chapman would later come to do upon me.


What do you mean by conniption fit?

Well, Gohmert went "postal". When Collins included Gohmert as a defendant in his civil RICO suit - Gohmert instead of letting the Attorney General represent him as is standard practice upon a judge being sued - personally went at Collins as a Pro Se.


How did Gohmert personally go at Collins?  INCOMPLETE

Gohmert, Demanding - as a Texas Judge - that Federal Judge JORGE SOLIS "hammer" Collins with "all the power his court can muster".
Gohmert literally pleading (on paper) with Solis - literally "beseeching" Solis - that Collins is an "imminent threat", etc - "to this very judicial system", etc., etc.


Anything else?
A hissy fit on paper - to state it mildly.  An outright abuse of Gohmert's capacity, abuse of the judicial system, abuse of the Dallas Federal Court, and abuse of the capacity of Judge Solis - who would indeed ultimately severely "hammer" Mr. Collins - just as Gohmert had demanded.


And how did this cause Mr. Collins to retain Westfall?
Can you imagine any Pro Se, such as Mr. Collins was, so suddenly confronted with such onslaught, NOT seeking professional advice and protection?


Any particular reason for Collins to choose Westfall?
That started with the BEHEADED CALVES at my farm, the full-page full-color spread on the front page of the Athens Telegraph, suggestions of SATANIC RITES and DEVIL WORSHIP, else THREATS and INTIMIDATION, etc.

(Month later, a newspaper article in the Canton, Texas paper reported, that after a thorough investigation, that this had been a simple case of someone wanting the heads for a rock garden. Not simple for me - cause it got me WESTFALL)


What have beheaded calves to do with Westfall?
Well, just after the article, Westfall had one of his lady criminal defendants make contact with Collins. Both my name and Collins' name had been in the paper. But neither Collins nor I had ever heard of Westfall, or the woman.


Deposition of Westfall - How Westfall claims he met Collins - VIDEO - Westfall says he first met Collins "with Kathy Young". Kathy Young was of course Westfall's lady criminal defendant client - whom Westfall had of course sent upon the beheaded calves matter - to have Collins meet with Kathy Young in Henderson County - and Westfall to drive 70 miles all the way from Dallas, to talk to Mr. Collins!  Lawyer lies


Deposition of Westfall - Why Westfall says he never billed Collins - VIDEO - even though Westfall says he did more work for Mr. Collins than for me, Udo Birnbaum, whom he "billed" $38,121.10 .


Deposition of Westfall - Why he "took" Collins in the first place - VIDEO - or why he did not just quit.  Westfall does not give an answer.


Anything else about Westfall?
As I much later learned, Westfall had been actually convicted of animal cruelty, for the death of about 50 of his cows by outright starving them, and that is why the beheaded calves might have caught his notice.

As I much later came to find out, a Canton man had come across the article, and passed it on to his sister, who Westfall also had as a criminal defendant.
That is how Westfall learned about the calves,.


So why did Mr. Westfall want to seek out Mr. Collins, rather than you?
Beats me. Still a mystery. His lady client of course having to look up MY name - just to establish contact with Mr. Collins, whose phone was not yet listed. 


Did you or Mr. Collins know Westfall or such Kathy Young, at such time as they contacted you? No.


Did Gohmert have anything to with you?
No. Only with Collins. Except, as I said, if Gohmert would not have come out so strongly against Collins - neither Collins nor I would have had Westfall, etc.


Who is Michael Collins?
Michael Collins was the pauper, who at the time had parked his little trailer at my farm - at the time of the beheaded Calves.


Did Judge Gohmert have anything to do - with Mr. Collins' stuff?
Yes, Mr. Collins and Judge Gohmert had tangled some time before this.


How did you meet Mr. Collins?
It was at the time of the beaver dam case against me - with "visiting" Judge James B. Zimmermann setting several hearings in my beaver dam case - and some matter that Mr. Collins also had before Zimmermann - always on the same date.


So what?
Well, soon after Dallas lawyer G. David Westfall had shown up -


Who is G. David Westfall?
Westfall is the lawyer who got all these judgments and sanctions upon me.


You said Westfall did more work for Collins than for you - but he never billed him?.
As I said before, Westfall "took" Collins - to entrap ME

 Some of Gohmert / Collins filings:

More detail to follow

Gohmert Motion to Dismiss - mildly "bumptious" already

Gohmert Motion for Sanctions - moderately "bumptious"

Gohmert Supplemental Motion for Sanctions - "gone postal"

$2500 Sanctions by Federal Judge Jorge Solis - equating Collins with "the cornucopia of evil plaguing the judicial system" - and FINING Collins. Hence title of Collins' book.  "Cornucopia of evil".  A cornucopia is of course a [ram's] horn of plenty, generally of food and good stuff.

Just read this stuff. What have these guys been smoking?

Collins Appeal to US 5th COA - Brief - good law in here

Collins Appeal to US 5th COA - Record Excerpts - lots of Gohmert and Solis "stuff" in here, as well as Collins' checks, as Ordered by Judge Solis:

1. $54.30 check to Judge Gohmert, to pay for his paper, pencils, stamps, etc.

2. $189.97 check to the Texas Comptroller of Public Accounts, sent to Gohmert per Judge Solis Order, to be forwarded by Judge Gohmert. (with Judge Gohmert envelope and stamp, one supposes)

3. $2500 receipt to the Clerk of the Dallas Federal Court
NOTE: The lady at the window did not even have a place to put the money in - never heard of such a fine - but took the money anyway.

Fines - to be paid for the benefit of the Court - are of course patently UNLAWFUL.

One of the legal opinions outlawing fines - for the benefit of the Court - raised the issue of what is the court going to use the money for?

Establish a private army to enforce such assessments?


What made all these lawyers and judges do this?
"Why do fire ants sting? Cause that is what fire ants do!"

 Full text - PDF            Permission by author

NOTE:  Michael Collins, a certified pauper, had parked his small trailer on my farm at the time -
- when Dallas lawyer G. David Westfall came upon us - because of the BEHEADED CALVES.

Westfall ultimately became my lawyer, promising to "save" me from that damn BEAVER dam case -
and from Judge James B Zimmermann - by suing Zimmermann, etc. - in the Dallas federal court
under "civil RICO" - for damages by a "pattern of racketeering activity".

Westfall also sued Zimmermann - different suit - in behalf of Collins - also under "civil RICO".
In Collins' suit - both Westfall and Collins - got "hammered" with a $2500 FINE,
 by Federal Judge Jorge Solis, Solis equating Collins and Westfall
with the "Cornucopia of evil plaguing the judicial system" - whence the TITLE of Mike's book.

Such "hammering" upon Collins and Westfall -
upon then Texas District Judge Louis B. Gohmert - now US Representative -
  throwing a conniption fit - upon being sued by Westfall and Collins.

Why Attorney Westfall took Collins' suit - despite Westfall knowing Collins was a CERTIFIED PAUPER,
 and despite Judge Gohmert already having put in his Motions for Sanctions against Collins - - - 
There had to be some OTHER MOTIVE - like Westfall setting ME up.

And indeed so Westfall did - entrapping ME - by becoming MY lawyer - to be able to pounce upon me
with his fraudulent "unpaid open account" suit.
 (there was no such account, was $20,000 non-refundable PREPAID - "to make time available")
 
 
A FINE of $54.30 directly to District Judge Louis B. Gohmert
 and $2500 to be paid directly to the District Clerk of the Dallas Federal Court
 
          
 
Judge Paul Banner $62.885 FINE pronouncement:

Judge Paul Banner, at the Sanction Hearing at which he imposed the $62,885, pronounced the following reason - and NO OTHER - for imposing this sanction:

“In assessing the sanctions, the Court has taken into consideration that although Mr. Birnbaum may be well-intentioned and may believe that he had some kind of real claim as far as RICO there was nothing presented to the court in any of the proceedings since I’ve been involved that suggest he had any basis in law or in fact to support his suits against the individuals, and I think – can find that such sanctions as I’ve determined are appropriate”. (Judge Paul Banner, Transcript, Sanction hearing)

Parsing this finding:

 Judge Banner found that I was "well-intentioned"

 And that his sanction was because there being no merit to my claim

 And that there was no merit because my evidence did not indeed show my claim - of a violation of the RICO statute upon me.

Was of course a JURY trial. Why was Banner "weighing the evidence"?

The Law:

 Filing a lawsuit - ANY claim in court - is a First Amendment Right

 A Court, in civil process, cannot punish for the merit of a case.

 A Court, in civil process, can only punish for the CONDUCT of a party.

 Even then, such punishment has to be "coercive", CANNOT be "unconditional", has to provide "keys to own release", i.e. by complying with some Order, i.e. has to be "forward looking" - and not upon "past completed acts".

Unconditional Punishment - as in this case - i.e. upon PAST and COMPLETED - requires full criminal process - including a finding of "beyond a reasonable doubt" - by a JURY.

That simple. US Supreme Court. US Constitution.


 

 What is civil RICO no 1   What is civil RICO no 2  What is civil RICO no 3




? This from my www.O
only one
private attorneys general
Tafflin
has to go to jury
only issues of fact
go to the ultimate issue of violation
federal courts have pleading requirements
whether these indeed plead a violation

What was in Banner's mind?
So What?
What CAN I do?  What SHOULD I do. What MUST I do?
Nov. 18, 2018
I will start a DIARY - sort of

Well - not really. Age 82 is a little late to START a diary.

This will be more like "pulling together" some of the stuff I have on this website - in the form of annotated official documents - and the same such as I have on my more mature www.OpenJustice.US.

That site is a one-of-a-kind twenty (20) year collection of court fracas that should NOT have happened.

The question that always keeps haunting me -did this happen BECAUSE of me - or does it ALWAYS go on - maybe at a lower intensity - and "we" don't recognize it - because it generally does not affect us directly and personally.

As for me personally, this has been an experience. How is it possible, to have gone through TWELVE (12) year of high school - with all kinds of civics classes, FIVE (5) years of college, THIRTY (30) years of high-tech at Texas Instrument, NOT to have been taught or become aware of such - until it is too late?

Anyhow, at least for now, in the form of "thoughts" and "reflections" it will be - to be as tutorial, constructive, and open as I can be.

It is clearly a little late for me to run for office - to have an impact. So, this form is it- at least for now.
START - CONSTRUCTION ZONE
OLD DUPLICATE "STUFF" HERE
     
 
So What
Why am I going to all this trouble?
WHAT am I DOING about the "Damn Courthouse Criminals"? This from my "more noisy" www.OpenJustice.US site:

MISSION STATEMENT

This website as a WARNING and TUTORIAL of just how outright EVIL, DEVIOUS, and CRIMINAL a COURT, JUDGES, and LAWYERS can get.

WHY I need to get them to ARREST me   (PDF)

Synopsis of Evil - The Emperor has no Clothes  (PDF)

They have been "noticed" in each other's presence:  (AUDIO)                        
 

With TWO 17x11 "BATSHIT CRAZY" signs as above, one in each hand over my head, I so presented myself into our courtroom. Here is the AUDIO.

END MISSION STATEMENT 

 AND SO, in this site's "less noisy mode:

WHY am I DOING what I am doing?

WHY do I need to know, WHY I am doing?

WHY do I need to know, WHY I need to know, WHY I need to know?

 Something like the eternal question about what came first, whether the chicken, or the egg.

Or the matter of the turtle holding up the world, that turtle held up by a bigger turtle, etc., etc., with the punch line, "can't you see, it's turtles all the way."

Or why fire ants want to nest in electrical control boxes

OR WHY these "Damn Courthouse Criminals" - did what they did - upon me?

 Did they do such on ME only - or have "they" done such before - or are going to do such AGAIN - because such is their NATURE and modus operandi ("MO")
NEXT, Sigmund Freud, with his couch.		 Next, Sigmund Freud's actual couch:
Sans his scandalous Biography of Woodrow Wilson
without ever having even met the man

Google on Goldwater Rule for psychiatrists

     


Both my parents came from teacher families, from small villages, the preacher being the superintendant of the schooling, and constant hick-hack between the teacher and the preacher.
Such must have affected my parents' outlook on religion - although they sent me to catechism school at about the age of twelve. I still remember that preacher coming into our class, in a dark cape, flapping something like Dracula. In middle school we also had a preacher come in, on his bicycle, then again enter with his cape - and become a real terror - till he got back on his bicycle again.

Why do I mention such? Because I did not think much about it at the time - and I now think a lot about - WHY I never thought about it at the time.

 We are creatures of our surroundings. Italian kids - wind up speaking Italian, eat spaghetti, and do as Italians do.
 
Spent a lot of time. Chess, Walks, watch Huston Smith the religions of man.

                  NOTES TO THE BELOW:  new

These are just some of the judges, parties, agencies, lawyers, district attorneys, courts, courts of appeals, sheriffs, Texas Rangers, US Justice Department, FBI, Commissions, investigators, legislators, etc that I have been either BEFORE or complained TO.

As I have stated before - I have literally tried EVERYTHING - to get relief - to always be thwarted with a "mere" piece of paper.

That is WHY I NEED TO GET "THEM" TO ARREST ME - to forcefully bring the LIGHT OF DAY upon this outrage upon the rule of law.

Will get "a round tuit" to summarize some of this at a more or less "executive summary" level.

Lots and lots of detail - at my original earlier www.OpenJustice.US.
 
First - a few odds and ends

Baseline Study - ME, Udo Birnbaum

Next - Legal Fee Suit Judge Paul Banner (trial judge)

Next - Legal Fee Suit Plaintiff G. David Westfall

Next - Legal Fee Suit Lawyer Frank C. Fleming

Next - Beaver Dam Plaintiff William B. Jones

Next - Beaver Dam Lawyer Richard L. Ray

Next - Beaver Dam Suit Judge James B. Zimmermann (trial judge)

Next - Beaver Dam Suit Judge Tommy C. Wallace (first judge)

Judge Andrew Kupper
Judge Don Jarvis
Judge Don Metcalfe
Judge Pat McDowell
Judge John Ovard
Judge John McCraw
Judge Joe Leonard
Judge Richard Mays
Judge Randall McDonald
Judge Joe Clayton (no-show)
Judge Ron Chapman
Judge Jerry Buchmeyer
Magistrate Paul Stickney
Judge Richard Davis
District Attorney Leslie Dixon
investigator Rick Sullivan
District Attorney Chris Martin
DA Investigator Allen Kincaid
DA Investigator Justin Collins
Judge Teresa Drum
Judge Mary Murphy
Sheriff M.L. Ray
Texas Ranger Michael Adcock
Tyler FBI Office
Tyler Justice Department
First - a few odds and ends
Texas Natural Resource Commission
Commission on Judicial Conduct
Texas Bar
attorney Joel C. Elliott
attorney Richard L. Ray
attorney Victoria Thatcher Ray
sheriff Dale Corbett
attorney Bernstein - or such
attorney Martin Bennett
attorney G. David Westfall
attorney Frank C. Fleming
attorney Jason Cassell - was pro tem
attorney for Texas AG
Dallas Federal Court
Fifth Court of Appeals
Tyler Appeals Court
Tyler Federal Court
Dallas Appeals Court
Texas Supreme Court
US Supreme Court - TWICE
Next?
294th District Court
Dallas Appeals Court
 
DISREGARD ALL THE BELOW
IT IS A "CATCH-ALL" AREA
FOR "STUFF" TEMPORARILY "PARKED" HERE 


 "under construction"

 The big WHY  new
 Why would big-time Dallas attorney G. DAVID WESTFALL risk filing not only ONE,
but TWO federal racketeering suits against a dozen or so judges that Westfall had every
 expectation to be BEFORE again? 

And then risk bringing suit, against me, UDO BIRNBAUM, in that very same "pocket of corruption"
(Van Zandt District Court) as he, Westfall, had sued for a "pattern of racketeering activity"      
Birnbaum vs Ray etc       Collins vs Parrish etc       federal RICO statute        answer


Westfall's Dark Secret  new
 No lawyer in his right mind would sue JUDGES, much less for "racketeering" -
lest he had some kind of "expectation" of someones inside the "court process"-
allowing Westfall to run up "legal fees", without Westfall's filings ever seeing the light of day!

The "fly in the ointment" - for Westfall - is "terror babies" East Texas US Representative Louie Gohmert,
 at that time still Texas District Judge Louis B Gohmert, as one of Collins' defendants - already all "lathered up"
to "beseach" Federal Judge Jorge Solis, to severely "hammer" Collins, as a threat "to the entire judicial system":
Gohmert Answer    Gohmert Motion for Sanctions     Gohmert Supplemental Motion for Sanctions
Judge Jorge Solis also "lathers up" - and FINES Westfall and Collins - $2,500 each

Gohmert filed his Answer and Sanctions on 5-3-1999. On exact same 5-3-1999, Westfall signed on as Collin's lawer.
Westfall was NOT aware of Gohmert filing for SANCTIONS, nor Gohmert of Westfall signing on.
 (Gohmert's documents tell how he personally drove from Tyler to Dallas, to get his 5-3-1999 dated documents stamped - that very day)

"Oh, what tangled webs we weave - when first we practice to deceive"


*  *  *  * 

The Van Zandt District Court's Dark Secret
The 294th was indeed a pocket of corruption
The 294th was indeed a pocket of corruption:

The 294th Texas District Court, at that tine under Judge Tommy Wallace, was of course a "pocket of corruption" - exactly as I had my then lawyer David Westfall plead - and file in the Dallas federal court.

I was at that time still being tied up with that damn BEAVER dam suit, had an all-week jury trial, and despite going at it as a Pro Se, gotten a unanimous verdict of exactly ZERO damages, with visiting judge James B Zimmermann, our judge for the entire all-week trial, nevertheless having hearing after hearing - to impose judgment against me, for $10,000 in attorney fees.

That went on - despite me finally paying a lawyer $2500 - to pound some sense into Judge Zimmermann - to no avail.

That is when, out of desperation, I filed my Pro Se federal civil RICO.


but back to Westfall's First Amended

I was of course the real author of Westfall's First Amended pleading, I having initiated suit with my Pro Se Complaint - with Westfall being mainly my "bindery" - Westfall ready to do almost anything for me because:

1. Westfall needed the money. Although I did not know it at the time, Westfall had been forced into involuntary bankruptcy.

2. Westfall had every expectation that his filings would NEVER get before Judge Jerry Buchmeyer, and as things later strangely unfolded, Westfall even told me, "Buchmeyer never say our case". That is when I finally fired Westfall.

Westfall did, however, try to get Judge James B. Zimmermann out of my suit, telling me that would make for a "better case".

Zimmermann was of course the cause of all of my problems in the 294th, as "enabler" of that fraudulent "would not release me" BEAVER dam case. So I wanted to keep Zimmermann "in" - and I did.

as an aside:
Here are the two federal Westfall pleadings at issue:
Birnbaum's Westfall Retainer     Westfall's suit for me
Collins's Westfall Retainer      Westfall's suit for Collins
Westfall's 'Bill' - Birnbaum      Westfall's 'Bill' - Collins          
 
This site as a TUTORIAL, WARNING, and PUBLIC CRY FOR HELP            ADDITIONAL STUFF - for in case "thems" ARREST me - and a THIRD JURY TRIAL
Udo Birnbaum  (903) 479-3929   BRNBM@AOL.COM    a little bit about me    from my coming book    www.OpenJustice.US  (my orig site)    6-26-2019
     Judge John McCraw threatens to put me in JAIL (AUDIO)   DA Investigator threatens to personally put the HANDCUFFS on me (AUDIO)    
     Judge Paul Banner "revival" of his own $62,885 ORDER - batshit crazy hearing (YouTube)  -  HINT: Orders do NOT go "dormant" - something really stinks



Re: Matters NOT covered on this site  in progress
  
 This site focuses mainly on what and how "thems" did upon me.
The below links, some to my original www.OpenJustice.US - more fully show what "me" did - to no avail - to bring the light of day upon this outrage
(can always use browser 'BACK" button - to "get out of there")

my federal civil RICO suit - G. David Westfall was then my lawyer         my ex-lawyer Westfall [supposed] "open account" suit against me
my civil RICO suit against Richard L. Ray, the underlying "beaver dam scheme" lawyer    my civil RICO suit against Frank C. Fleming, crooked Westfall's cohort lawyer 
my civil RICO suit against Judge Paul Banner and Judge Ron Chapman         my criminal complaints against Banner, Chapman, etc. etc.


my very early "beaver dam scheme" criminal complaints     my very early "beaver dam scheme" complaints to First Administrative Judicial Region


my more recent "Plea to the Jurisdiction and Sanity", etc lawsuit - agitating the "thems" nests against each other - but to no avail
my thereto Judge Mary Murphy First Administrative Judicial Region etc, e-mail string - I did succeed in driving "thems" up the wall - but to no avail


my more recent filings with the Van Zandt District Attorney    I get threatened by their investigator      I get threatened with criminal trespass
my thereto email string with then DA - now our District judge          my short try with our new DA        

  
my very early run for county judge - I helped with getting District Judge Tommy Wallace "retired" - but no lasting "cure"

Copyright 2002