FORMAL COMPLAINT
FOR
CORRUPTION,FRAUD,ETHICAL MISCONDUCT AND CRIMINAL ACTIONS
Here is a complete copy of the Russo Williams Complaint with Exhibits
1. Parties to Charges Against:
Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez and the Oakland City Attorney’s Office;former Oakland and current San Leandro City Attorney Jayne Williams;former City of Oakland employee Pat Smith;Stephan Barber and others of the law firm Ropers,Majeski;Ronald J. Cook,Randy Willoughby,Alex Stuart,Bradley Bening and others of the law firm Willoughby,Stuart &Bening;William Jemmott now of the law firm Wilson Elser;Todd Jones and the law firm Archer Norris;Daniel Crowley of the law firm Daniel Crowley &Assoc.;Fletcher Alford,Joel K. Liberson and the law firm Gordon &Rees;Sean Robert O’Halloran now of the law firm Crone Rozynko;Anne Brooks Harrigan now of the law firm Grancell,Lebovitz,Stander,Barnes &Reubens;Yolanda Marnell Jackson- San Francisco BAR Assoc.,now of the law firm Jackson Alternative Dispute Resolution;the law firm of Caven,Cleaveland,Murray;the former law firm of Jackson Harrigan;John Ratto and Dean K. Beyer,of ASU Group (formerly D. L. Glaze);defendants Rescue Rooter and Bay Area Carpet Cleaning;and retired Judges David Lee,Michael Ballachey,and Richard Hodge.
2. Charges:
Since 1999 Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez and the Oakland City Attorney’s Office has always mainitained that the City of Oakland case file in the Abdul-Jalil al-Hakim vs. The City of Oakland matter from the 1991 backup were missing and were last requested for viewing by defendant Ron Cook.
For over eight (8) years CSAA defense counsel Stephan Barber had denied that he had anything to do with the handling,disappearance,transportation,having possession,copying or returning of the City of Oakland case file in the al-Hakim matter from the 1991 backup. He has repeatedly stated that he “never touched the file” and “knew nothing about it”.
al-Hakim will produce herein clear,irrefutable,established “smoking gun” evidence of the continued blatant illegal activities of Oakland City Attorney John Russo,City Attorney employees Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Peruse;former Oakland and current San Leandro City Attorney Jayne Williams;former Oakland City employee Pat Smith;defense counsel Stephan Barber and defendant Ron Cook in the CSAA and the underlying Rescue Rooter case has committed CORRUPTION,COLLUSION,CONSPIRACY,EXTRINSIC FRAUD,FRAUD UPON THE STATE,SUBORNATION AND SOLICITATION OF PERJURIOUS TESTIMONY,PROVIDING LITIGATION CASE FILES AND EVIDENCE TO DEFENDANTS,SPOLIATION OF EVIDENCE,FABRICATING EVIDENCE AND PLANTING FABRICATED EVIDENCE IN LITIGATION CASE FILES ,ATTEMPTING TO DECEIVE THE PUBLIC IN SUPPORT OF DEFENDANTS LITIGATION THEORY,CALUMNY DECEIT by giving the case files to defendant Stephan Barber and others of the law firm Ropers,Majeski,and Ronald J. Cook,Randy Willoughby,Alex Stuart,Bradley Bening and others of the law firm Willoughby,Stuart &Bening for nearly a year;then clearly constructed fraudulent fabricated evidence in 1999 and planted that evidence favorable to the defendants in the files SIX years AFTER the case was closed;engaged in spoliation of remaining evidence in the court files from 1991;and fostered witness testimony based on this planted evidence in the al-Hakim v CSAA and the underlying Rescue Rooter case that was created thru EXTRINSIC FRAUD with accompanying testimony procured thru admitted suborned and solicited perjurious acts by John Russo and others,they engaged in actions to destroy the litigation of al-Hakim’s legal case;they engaged in actions to coverup their unlawful acts;they committed,aided and abetted this criminal activity with this unpardonable breach in the chain of custody of the court files to accommodate the defendants litigation strategy in both the CSAA and the underlying Rescue Rooter case.
John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez,and former Oakland and current San Leandro City Attorney Jayne Williams and former Oakland City employee Pat Smith,defendants Stephan Barber and Ron Cook have all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1 million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 13 years thru the City Attorneys’ violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law.
John Russo,former Oakland and current San Leandro City Attorney Jayne Williams and the Oakland City Attorney office staffs’ criminal violations of the Civil Code,Business and Professions Code,the Rules of Professional Conduct,and the California Cannons strikes at the heart of al-Hakim’s fundamental civil and human rights,and the right to due process under the law guaranteed by the United States Constitution Amendments and the California Constitution. These actions qualify as a Hate Crime under the Unruh Rights Act,the Ralph Civil Rights Act and the Bane Act,while they are clear crimes of religious bigotry and intolerance,as such,this conduct rose to the level of consideration for a Federal Crime and a Civil Rights violation because the City Attorney’s Office operates “under the color of law” and certainly the violation of anyone’s civil rights is a federal crime. This deprivation of al-Hakim’s civil,human and due process rights by the law enforcement body of the City Attorneys’ office of Oakland “rise to the level of criminal activity and misconduct” by local and federal law enforcement officials. These criminal actions by Russo and his staff demand they be issued court ordered subpoena to testify.
These activities were done in concert with Oakland City Attorneys John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez,and former Oakland and current San Leandro City Attorney Jayne Williams and former employee Pat Smith;Stephan Barber and others of the law firm Ropers,Majeski;Ronald J. Cook,Randy Willoughby,Alex Stuart,Bradley Bening and others of the law firm Willoughby,Stuart &Bening;William Jemmott now of the law firm Wilson Elser;Todd Jones and the law firm Archer Norris;Daniel Crowley of the law firm Daniel Crowley &Assoc.;Fletcher Alford,Joel K. Liberson and the law firm Gordon &Rees;Sean Robert O’Halloran now of the law firm Crone Rozynko;Anne Brooks Harrigan now of the law firm Grancell,Lebovitz,Stander,Barnes &Reubens;Yolanda Marnell Jackson now of the law firm Jackson Alternative Dispute Resolution;the law firm of Caven,Cleaveland,Murray;the former law firm of Jackson Harrigan;John Ratto and Dean K. Beyer,of ASU Group (formerly D. L. Glaze);defendants Rescue Rooter and Bay Area Carpet Cleaning;and retired Judges David Lee,Michael Ballachey,and Richard Hodge.
Retired Judges Lee,Michael Ballachey,and Richard Hodge,though they live in three different counties,all coincidentally hired the same Oakland defense firm run by former Oakland and current San Leandro City Attorney Jayne Williams whom was responsible for providing the files to the defendants initially that was then given to her client Judge Lee for trial by John Russo.
There has been judiciary litigation support given by now Appellate Judges Barbara Jones,James Richman,and Henry Needham and Superior Court Judge Frank Roesch whom had disqualifications or complaints filed against them with cover and sanctuary provide by Ronald M. George of The California Supreme Court,Victoria Henley of The California Judicial Council,Ronald G. Overholt of The California Judges Association,The Alameda County Presiding Court Judge Yolanda Northridge and former Alameda County Presiding Court Judge George Hernandez that portrays corruption. You can view the You-Tube video on this corruption at:
3. Statement of Facts
3a. Background and Timeline
In October 1999 during al-Hakim’s Examination Under Oath,defendant Ron Cook refers to the 1991 City of Oakland backup at al-Hakim’s home and alleged documents from the files. Cook also states that CSAA would not pursue defendants Rescue Rooter and Bay Area Carpets thereby waiving their rights to intervention during the EUO. The trial court did not have the benefit of the transcript from the EUO or original hearing on intervention that would have cleared up that matter and allowed Judge Lee to dismiss CSAA from the proceedings as he had previously ruled in “sur-rebuttal” in Pre-Trial Motions in Limine.
In November 1999 al-Hakim contacted Janie Wong and Juanita Hong from the Oakland City Attorney’s Office to get a copy of the City file and was informed that the file had been provided to CSAA’s attorney and could not be located and was last requested by “CSAA counsel”. Defendant Ron Cook and the law firm of Willoughby Stuart and Bening and the hostile intervener CSAA’s defense counsel Stephen Barber,under the guise of viewing the file,took custody of the al-Hakim legal file from the Oakland City Attorney’s office of the 1991 spill and it disappeared and was mysteriously missing,could not be found,and the file was unaccounted for.
CSAA returned to the home in December 1999 under court order for an inspection,accepting full responsibility for any damage. Through their destructive testing,they caused a disastrous disturbance of the asbestos and bacteria in the lower level. They did this testing under the supervision of both legal counsels from Willoughby Stuart &Bening;and Ropers Majesksi;their many experts and without regard to the required protocol set forth by their experts and in full violation of all federal and the CAL/OSHA laws and regulations.
On January 28,2000,defendant Cook advised Plaintiff al-Hakim by letter that CSAA-IIB was canceling the policy alleging fraud by al-Hakim and seeking the return of all benefits paid and refers to information he has from the City of Oakland litigation file that was not provided by al-Hakim.
In February 2000 al-Hakim discovered that the selected umpire was irreparably flawed and moved to have him and the tainted panel dismissed due to corruption. CSAA denied coverage on the lower level claim,and refused to comply with the court ordered appraisal,which they had obtained,twice. While CSAA canceled plaintiff/al-Hakim’s policy alleging many acts of fraud and concealment,the court ordered CSAA back to appraisal on both claims. CSAA admitted that they did cause a disturbance of the asbestos and bacteria from the December 1999 testing,but only mildly.
On March 30,2000 Cook reiterates those statements of having this information in letters to al-Hakim’s attorney,Michael Michel.
On March 30,2000 in letter to the umpire of the appraisal panel,Ron Magin,COOK makes the statement of having the entire City of Oakland Litigation file in the backup matter against al-Hakim but will only produce part of the information as needed.(See letter under Exhibit A)
On April 6,2000 during the Appraisal Hearing Ron Cook makes the statement on video tape that he has the entire City of Oakland Litigation file in the backup matter against al-Hakim and produces the City of Oakland files.(See appraisal transcripts from Abdul-Jalil al-Hakim Appraisal Hearing V.2 4/6/00 page 74L14-17 under Exhibit A),the appraisal panel admits the file and photos into evidence(See appraisal transcripts from Abdul-Jalil al-Hakim Appraisal Hearing V.5 4/11/00 page 205L13-24 under Exhibit A) and throughout the appraisal hearing questions al-Hakim,and his experts Robert Gils and Chris Kirschenheuter on the documents. (See video at Now-truth.org “Russo Entrapped In Extrinsic Fraud,Planted Evidence!!!” 
On April 14,2000 in letter to the umpire of the appraisal panel,Ron Magin,COOK provides color copies of the photos from the City of Oakland Litigation file in the backup matter against al-Hakim but will only produce part of the information as needed.(See letter under Exhibit A)
al-Hakim and his attorneys Michael Michel and Jeff Fackler,had attempted at least six times to obtain copies of the City litigation file from November 1999 to June 2000 and was told by the City Attorney’s Office,specifically,Jannie Wong and Anita Hong that the file was “missing” and was last requested by Ron Cook.(See appraisal transcripts from Abdul-Jalil al-Hakim Appraisal Hearing V.4 4/10/00 page 169L6-9 and V.6 4/12/00 page 106L12-21 under Exhibit A) Finally,after six months,in June 2000,Anita Hong called to notify Mr. Michel that the file had been returned and was available for viewing. At that time Mr. Michel was told that the file had been returned by CSAA’s attorney. (See Michel letter dated July 5,2005 under Exhibit A) al-Hakim called Ms. Hong and was told the file was back and available for viewing,and when asked who returned the file,she responded “it was returned by Steve Barber of Ropers Majeski”.
In July 2000 the tainted appraisal panel rendered the appraisal awards wherein the total award was approximately the same amount of money ($120,000) CSAA had tendered in spite of CSAA’s experts’ minimum appraisal figure being over $300,000 to $700,000 and plaintiff/al-Hakim’s experts being over $1.3 million in damage. Further,this fraudulent award was prepared and submitted by defendant Cook with the figures and exhibits used to justify the costs supplied by CSAA’s expert at the appraisal.
In August 2000 al-Hakim filed a Motion to Vacate the Appraisal awards against CSAA.
January 19,2001 CSAA’s first motion for intervention in the underlying case of al-Hakim v. Rescue Industries and Bay Area Carpet Cleaning,Alameda County Superior Court case # 821885-2,Court of Appeal case # A101832,was granted by Judge Richard Hodge in spite of the fact in October 1999 during al-Hakim’s Examination Under Oath,defendant Ron Cook stated that CSAA would not pursue defendants Rescue Rooter and Bay Area Carpets thereby waiving their rights to intervention. However,the transcript from that hearing evidences Judge Hodge ruled that any order was to include the condition that the determination of whether CSAA would be admitted as a proper party to the litigation at trial would be left to the trial court judge.
October 2002,in al-Hakim v. Rescue Industries,al-Hakim renewed opposition to the defendants intervention in Sur-Rebuttal On Motions In Limine and trial court Judge David Lee agreed that CSAA was not a proper party to the litigation and dismissed them. Upon their dismissal,defense counsels Stephan Barber and Shawn O’Halloran submitted to Judge Lee a fraudulently prepared order from the intervention hearing in January 2001 to perpetrate a fraud upon the Sate of California,Superior Court,and al-Hakim to gain the order admitting CSAA as a proper party to the litigation. The transcript from the Limine hearing evidences that after CSAA had been dismissed,counsel returned with the fraudulent order that merely states that they are allowed to intervene and argued Judge Lee had no authority to overrule Judge Hodge’s order. This fraudulent order did not include the condition Judge Hodge made that the determination of CSAA’s admittance as a proper party to the litigation would be left to the trial court judge. Since the trial court had already made the determination that they were not,in fact and law,a proper party to the litigation,the order was moot and should never have been presented to the court for any purpose,except criminal extrinsic fraud. The trial court did not have the benefit of the transcript from the EUO or original hearing on intervention that would have cleared up that matter and allowed Judge Lee to dismiss CSAA from the proceedings as he had previously ruled in “sur-rebuttal” in Pre-Trial Motions in Limine.
In November 2002 a jury verdict was rendered in favor of both defendants,Rescue Industries and Bay Area Carpet with concerns over Judge David C. Lee’s allowance of the illegal product of fabricated and planted evidence,spoliated evidence and unclean hands by defendant/hostile intervener AAA Insurance;Cook and Willoughby,Stuart &Bening;defense counsel Steve Barber and the law firm of Ropers Majeski;the other underlying defendants;and the Oakland City Attorney’s Office run by John Russo to be admitted as evidence,subjected to testimony,and fostered it’s use to prejudice the jury. During the trial,testimony revealed that there were numerous documents and photos of a very damning nature to the defense and AAA as the hostile intervener,that were missing,altered,or incomplete.
Final judgments were entered January 2003 as a result of this tainted jury award. Notice of entry of judgment on verdict after jury trial dated January 3,2003 and filed.
In the defendants first Motion for Summary Judgment in January 2003,the court found that the defendants Willoughby Stuart &Bening,and Attorney Ron Cook had committed tortuous acts against plaintiff/al-Hakim and Judge Richman denied their motion to be dismissed from the suit. The second motions for summary judgment and to dismiss in August 2004,also before the same judge,was denied again but the Willoughby Stuart &Bening,and Attorney Ron Cook motion for summary judgment was only denied in part this time.
In February 2003 after 3 years of defendants legal delays with ten motions for terminating sanctions to prevent the motion from being heard,al-Hakim prevailed in his Motion to Vacate the Appraisal awards against CSAA. (See Order under Exhibit B)
The courts found that the awards had to be vacated if,among other grounds,“the award was procured by corruption,fraud,or other undue means”;or the appraisers(A. Michael DeCeasare,Ruben Estrada,Ron Magin and Gene Roberts) “exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted”. The order further cited the improper use of “cash value” as replacement cost,use of erroneous “used cost” figures,denial of coverage,injection of fraud,concealment,breach of contract,and coverage issues without any reason or evidence,CSAA could not defend their actions nor those of their own appraiser. What the court did not address in the motion to vacate was the actual collusion and fraud again perpetrated upon the court by the defendant Ron Cook and the hostile intervener when they provided to and the appraisal panel adopted the improper “cash values” used in the vacated award and the exhibits to support them came directly from the presentation of CSAA’s expert Gary Halpin at the vacated appraisal,and that the fraudulent award itself was further prepared,written,submitted and distributed by defendant Cook and the hostile intervener. This victory locks CSAA in on the Bad Faith actions we submitted to the courts and are subject to summary judgment.
On July 25,2005 al-Hakim,a very well known,successful business manager,producer,and Muslim of native African-American descent from Oakland,California,filed a Federal Complaint with the United States Attorney General,Department of Justice,of a hate crime of Islamophobia and Xenophobia committed against him by Judge David C. Lee during the Rescue Industries trial in Superior Court of Alameda County,California. (See letter under Exhibit B) You can view or download here USAGBrief-pdf
The Federal Complaint,drafted and filed by al-Hakim in pro per,had broad based support from Democrats and Republicans,was submitted by Congresswoman Barbara Lee with the offices of Congressmen John Conyers,and Charles Rangel,has been review by several legal experts,with advocacy by former Republican Senator J. C. Watts,a client of al-Hakim’s.
The Federal Complaint addressed the concern of trial Judge David C. Lee’s allowance of the illegal product of fabricated and planted evidence,spoliated evidence and unclean hands by defendant/hostile intervener AAA Insurance;Cook and Willoughby,Stuart &Bening;defense counsel Steve Barber and the law firm of Ropers Majeski;the other underlying defendants;and the Oakland City Attorney’s Office run by John Russo to be admitted as evidence,subjected to testimony,and fostered it’s use to prejudice the jury. During the trial,testimony revealed that there were numerous documents and photos of a very damning nature to the defense and AAA as the hostile intervener,that were missing,altered,or incomplete. It further examines if the Judges’ conduct rose to the level of consideration for a Federal Crime and a Civil Rights violation because the bench upon which the judge rules is “under the color of law” and certainly the violation of anyone’s civil rights is a federal crime. “Muslims,just as any other group,can not be afraid to speak up when their rights have been abridged. If one does not speak up,then the transgressions goes unreported and the perpetrator goes on to harm again unchecked,it does not matter whom the transgressor is” said al-Hakim.
After review in the U. S. A. G. Office,the case was thought of as being so egregious that even the infamous Bradley Schlozman ,whom is now fired and facing Federal indictment with resigned Attorneys General Alberto Gonzalez for removing Democratic attorneys from the U. S. Attorneys Generals offices nationwide,sent al-Hakim a letter referring the matter (because of jurisdictional limitations) to the California State Attorney General,California State Bar Association,the California State Judicial Council,and California State Insurance Commissioner for investigation and prosecution. And these were Republican Judges and attorney’s being complained of! (See letters under Exhibit B)
But that could not happen. California Attorney General and candidate for Governor,Jerry Brown,responsible for carrying out the investigation of Oakland City Attorney John Russo,former Oakland and current San Leandro City Attorney Jayne Williams,former District Attorney Tom Orloff,current District Attorney Nancy E. O’Malley,Alameda County Superior Court,the State Appeals and Supreme Court judges,and various corporate defendants in this case is himself defending some of the criminals and covering up the very same corruption he is supposed to be investigating and prosecuting!
At an August 15,2005 hearing defendant Cook and defense counsel Barber addressed the court and boasted how they twice defeated al-Hakim’s motion to dismiss their motion to intervene in al-Hakim v. Rescue Industries. In doing so,defendant Cook and defense counsel Stephan Barber entrapped themselves in the admission of perpetrating willful and criminal extrinsic fraud upon plaintiff,the court and law. This transcript unveils the extrinsic fraud and fraud upon the court and law perpetrated on the part of the defendants and their counsels Sean O’Halloran and Stephan Barber. These matters were known by Judge Richman before his appointment of Hodge and the defendants when they nominated him for this position.
On September 2,2005 al-Hakim called Randolph Hall of the Oakland City Attorney’s Office regarding the handling of the City file and he was referred to Eliada Perez. al-Hakim called and left a voicemail for Perez but never received a return call. (See letter under Exhibit C)
After al-Hakim did not receive a return phone call from Perez,on September 20,2005 al-Hakim sent a letter to Randolph Hall in regards to his response thru Sophia Lee to a voicemail al-Hakim left for him on September 16,2005 regarding the handling of the City file. (See letter under Exhibit C)
On October 6,2005 al-Hakim sent another letter via certified mail to Randolph Hall in regards to his non response and that of Eliada Perez to the voicemail al-Hakim left for them on September 16,2005 and the September 20,2005 letter regarding the handling of the City file. (See letter under Exhibit C)
On October 7,2005 al-Hakim received a fax from Hall sent by Sophia Li referring the matter to Anita Hong,suggesting that she has responded and he has no additional information. (See fax under Exhibit C)
On October 18,2005 al-Hakim sent another letter via certified mail to Randolph Hall acknowledging his receipt of the certified mail of the October 6,2005 letter in regards to his non response to the voicemail al-Hakim left for Eliada Perez and him on September 16,2005 and the September 20,2005 letter regarding the handling of the City file. (See letter under Exhibit C)
On October 19,2005 al-Hakim sent another letter via certified mail to John Russo expressing his concern for the lack of a response from Randolph Hall,Janie Wong and Anita Hong and acknowledging Hall’s receipt of the certified mail of the October 6,2005 letter in regards to his non response to the voicemail al-Hakim left for Eliada Perez and him on September 16,2005 and the September 20,2005 and October 18,2005 certified letter regarding the handling of the City file. (See letter under Exhibit C)
On October 26,2005 al-Hakim then called Michelle Abney to verify the chain of custody of the City files and discussed this very serious legal matter of breaking that chain of custody and spoliating the files,wherein she expressed her concern that the problems in the handling of the file was very serious and could only be answered by the parties involved. She said she would pass along the concerns and have the appropriate parties to address the issues. al-Hakim never received any response from anyone.
On November 28,2005 al-Hakim received a letter from Mark Morodomi signed by Michelle Abney stating the office has no records that are responsive to al-Hakim’s inquires and “Specifically,no ”chain of custody“ record exists”. (See letter under Exhibit C)
On December 1,2005 al-Hakim sent another letter via certified mail to John Russo expressing his concern for the disingenuous response from Mark Morodomi signed by Michelle Abney stating the office has no records that are responsive to al-Hakim’s inquires and “Specifically,no ”chain of custody“ record exists”. (See letter under Exhibit C) This was a continuation of the evasive pattern of not answering by Randolph Hall,Eliada Perez,Janie Wong and Anita Hong in acknowledging Russo and Hall’s receipt of the certified mail of the October 6,2005 letter in regards to his non response to the voicemail al-Hakim left for Eliada Perez and him on September 16,2005 and the September 20,2005;October 18,2005;and October 19,2005 certified letters and al-Hakim’s October 26,2005 call with Michelle Abney regarding the handling of the City file.
al-Hakim states he called Michelle Abney whom confirmed that there was in fact a process in place to verify the chain of custody of the City files and discussed this very serious legal matter of breaking that chain of custody and spoliating the files,wherein she expressed her concern that the problems in the handling of the file was very serious and could only be answered by the parties involved. She said she would pass along the concerns and have the appropriate parties to address the issues. al-Hakim never received any response from anyone.
al-Hakim further states that there could be no way the City could be in the business of litigating case if it had no process for the chain of custody for evidence in it’s cases and again asks that Russo respond to the issues raised in the certified letters received by him.
On December 2,2005 al-Hakim received a letter from Russo stating the office has timely and thoroughly responded to al-Hakim’s requests,that the files were destroyed between February and August 2005,and Anita Hong recalls that a request was made to review the file,it was retrieved from off-site storage and made available for viewing but no one appeared to review them so they were returned to storage. Russo further states that Mark Morodomi informed al-Hakim that there are no records that are responsive to al-Hakim’s inquires and “Specifically,no ”chain of custody“ record exists” applicable to their document retention policy and are destroyed seven years after closing the file. (See letter under Exhibit C)
On May 17,2006 al-Hakim sent another letter via certified mail to John Russo expressing his concern for the lack of a response from Russo,Mark Morodomi,Michelle Abney,Randolph Hall,Janie Wong and Anita Hong and acknowledging Russo and Hall’s receipt of certified mail of the October 6,2005 letter in regards to his non response to the voicemail al-Hakim left for Eliada Perez and him on September 16,2005 and the September 20,2005;October 18,2005;October 19,2005 and December 1,2005 certified letters and al-Hakim’s October 26,2005 call with Michelle Abney regarding the handling of the City file and asking that they submit to depositions. (See letter under Exhibit C)
On June 1,2006 al-Hakim received a letter from Erica Harrold for John Russo stating the office is not aware of any authority pursuant to which Russo and the other City employees deposition can be taken and ask that specific statutes and/or case law be provided to confer the authority and she may respond. (See letter under Exhibit C)
On June 29,2006 al-Hakim sent another letter via certified mail to John Russo to notify him of his intent to have the court issued deposition subpoenas served on John Russo,Janie Wong and Anita Hong to submit to depositions on August 1,2006 regarding the handling of the City file. (See letter under Exhibit C)
In July 2,2006 al-Hakim file an Ex-Parte motion for the issuance of deposition subpoenas and served notice on Retired Judges Lee,Michael Ballachey,and Richard Hodge,John Russo,Janie Wong and Anita Hong to submit to depositions on August 1,2006 regarding the handling of the City file. (See documents under Exhibit C) The requested depositions and investigation concerns trial Judge David C. Lee’s allowance of the illegal product of fabricated and planted evidence,spoliated evidence and unclean hands by defendant/hostile intervener AAA Insurance;Cook and Willoughby,Stuart &Bening;defense counsel Steve Barber and the law firm of Ropers Majeski;the other underlying defendants;and the Oakland City Attorney’s Office run by John Russo to be admitted as evidence,subjected to testimony,and fostered it’s use to prejudice the jury. During the trial,testimony revealed that there were numerous documents and photos of a very damning nature to the defense and AAA as the hostile intervener,that were missing,altered,or incomplete. Retired Judges Lee,Michael Ballachey,and Richard Hodge,though they live in three different counties,all coincidentally hired the same Oakland defense firm run by former Oakland and current San Leandro City Attorney Jayne Williams whom was responsible for providing the files to the defendants initially that was then given to her client Judge Lee for trial by John Russo.
On March 29,2007 al-Hakim sent another letter via certified mail to John Russo expressing his concern for the lack of a response from Russo,Mark Morodomi,Michelle Abney,Randolph Hall,Janie Wong and Anita Hong and acknowledging Russo and Hall’s receipt of certified mail of the October 6,2005 letter in regards to his non response to the voicemail al-Hakim left for Eliada Perez and him on September 16,2005 and the September 20,2005;October 18,2005;October 19,2005;December 1,2005,and May 17,2006 certified letters and al-Hakim’s October 26,2005 call with Michelle Abney regarding the handling of the City file and again asking that they submit to depositions. (See letter under Exhibit C)
In August 1,2007 al-Hakim had the court issuance of trial subpoenas served on Retired Judges Lee,Michael Ballachey,and Richard Hodge,John Russo,Janie Wong and Anita Hong to submit to trial testimony beginning September 7,2007 regarding the handling of the City file. (See Exhibit C) Demetruis Shelton,current President of the National Bar Association and City Attorney employee left a voicemail message for al-Hakim acknowledging that Russo had in fact received the Trial Subpoenas! A copy of that voice mail here.
Demetruis Shelton,current President of the National Bar Association and City Attorney employee’s Voicemail “Russo Received Trial Subpoenas!!!”
http://www.box.net/shared/88g62hzaky
The requested depositions and investigation concerns trial Judge David C. Lee’s allowance of the illegal product of fabricated and planted evidence,spoliated evidence and unclean hands by defendant/hostile intervener AAA Insurance;Cook and Willoughby,Stuart &Bening;defense counsel Steve Barber and the law firm of Ropers Majeski;the other underlying defendants;and the Oakland City Attorney’s Office run by John Russo to be admitted as evidence,subjected to testimony,and fostered it’s use to prejudice the jury. During the trial,testimony revealed that there were numerous documents and photos of a very damning nature to the defense and AAA as the hostile intervener,that were missing,altered,or incomplete. Retired Judges Lee,Michael Ballachey,and Richard Hodge,though they live in three different counties,all coincidentally hired the same Oakland defense firm run by former Oakland and current San Leandro City Attorney Jayne Williams whom was responsible for providing the files to the defendants initially that was then given to her client Judge Lee for trial by John Russo.
During the recent CSAA trial,in April 2008,defendant Ron Cook admitted on the witness stand that he received the City file from Barber before October 1999. Barber then admitted during the next break that he got the file from the City and arranged to have it copied by AKON Copying Service and that he had said file until June 2000. It was not stolen,misplaced,nor had he absconded with it,it was given to him by the City Attorneys office!!!
As a protective measure for his co-defendants,Judge Jon Tigar had ruled that Barber would have to testify and answer al-Hakim’s charges of spoliation of evidence and subornation of perjurious testimony stemming from his handling of the City file if there was more than one case file. If there was ever more than one case file,they were ALL missing and that fact was attributed to CSAA’s attorneys by the City Attorney. Clearly,Mr. Barber now has to leave the seat as defense counsel and take the stand as a witness and defendant! You can see video of Tigar’s ruling! 
Cook and Barber’s admissions now corroborates the story that was told to al-Hakim and his attorneys Mike Michel and Jeff Fackler in July 2000 by Oakland City Attorney’s Janie Wong and Anita Hong. However,since 1999 Janie Wong,Anita Hong and Russo have always maintained that the files were missing and were last requested for viewing by defendant Ron Cook. This statement is also perjurious and deceitful as we now know that the December 1,2005 written statement by Oakland City Attorney John Russo about Anita Hong leaving the case files at the office counter and no one coming to review them is willfully and intentionally perjurious,deceitful and fraudulent.
The City Attorney has failed and refused to effectively respond and such a non response,to ignore the fact that they have been caught in these illegal transgressions,reveals that John Russo and the City Attorney’s office was an accomplice to the breaking of the chain of custody of the evidence that was spoliated by the unclean hands of the hostile intervener,allowed the court to make the file a part of the record,and presented the fabricated evidence planted in the case files and spoliated evidence at trial. al-Hakim asserts that Russo’s and the City Attorney’s Office and the hostile intervener’s misconduct in connection with the Rescue case qualified for “unclean hands” as their actions meet the requirement that,to be considered as unclean hands,a party’s misbehavior must relate to the transaction in suit and to the adversary party.
3b.KPFA Reporter Censored in Berkeley By Oakland City Attorney John Russo
On or about August 15,2009 show Co-Host,Producer,and Lawyer Gabrielle Wilson informed KPFA listeners of an intriguing case she discovered in the Superior Court of California,County of Alameda,the matter of Abdul-Jalil al-Hakim v CSAA,et. al.
In preparation for the show that was scheduled to air on The Gospel Experience Program- Saturday,September 5,2009 at 8:30 A.M. on Radio Station KPFA 94.1 FM,in Berkeley CA. Miss Wilson invited three guests to participate in a legal roundtable broadcast to discuss corruption in the Alameda County Superior Court in the above referenced case. Her invited guests were the Attorney General of California Jerry Brown,Oakland City Attorney John Russo and Abdul-Jalil al-Hakim,the plaintiff in the case. This case is the subject of an ongoing investigation into the actions of various Judges,court administration,State Attorney General,Alameda County District Attorney,Oakland City Attorney,various attorneys,defendants and their employees,agents,contractors,experts,and witnesses. This case is returning back to the United States Attorney General,Department of Justice,the local and Federal Courts.
During the week of August 23,2009 Miss Wilson received a phone call from Evan Westrep from Brown’s office. He left a voice mail message for her at radio station KPFA stating he would pass her interview request along to Brown’s schedulers.
Alex Katz Email
During that same week,Miss Wilson received emails and phone calls from Oakland City Attorney Russo’s press director Alex Katz. One email Katz sent to her and Sasha Lilley,then interim Program Director at KPFA,with a cc:to Mark Moromodi,Supervising Deputy for the Oakland City Attorney,proclaiming that City Attorney John Russo was not involved in the case,yet he wanted her to answer questions as to why she wanted to provide a forum for the plaintiff,al-Hakim whom he alleged had posted threatening videos about John Russo. (See copy of that email message under Exhibit C and for more go to Now-truth.org page “KPFA Show Host Combats Censorship By Oakland City Attorney John Russo”.
Katz followed up that email with a voicemail message he left for Miss Wilson after the close of business just hours before the scheduled broadcast was to occur threatening her and warned Miss Wilson not to broadcast the interview and demanded she speak with him before she aired the scheduled program. He did this though he wanted Miss Wilson and KPFA to believe that John Russo and the City Attorney’s office was not involved in the case and had nothing to hide! A transcript of the voice mail is attached under Exhibit A and you can listen to that voicemail message here:
http://www.box.net/shared/m1imsl7bje
You can listen to that voicemail message here.
You can listen to those and view the documents and videos of Russo’s corruption on the web page “City Attorney Russo’s Political Suicide” 
Luis Medina,a manager in the music director’s office at KPFA then calls Miss Wilson just hours prior to the scheduled broadcast and leaves a voicemail message warning her that it was very important for the broadcast not to occur. He also stated that there might be very serious repercussions taken if she were to proceed as planned. She even received a phone call from the long-time regular show host,Emmitt Powell whom was contacted by the station in response to Russo’s effort to censor the show. A transcript of the voice mail is attached under Exhibit A and you can listen to that voicemail message here!
http://www.box.net/shared/2epx0xcla1
For more go to Now-truth.org page “KPFA Show Host Combats Censorship By Oakland City Attorney John Russo”.
Miss Wilson proceeded to host the program all alone to comply with the City Attorney and KPFA’s censorship directive…without any of her invited guests.
Miss Wilson was forced to make at least three announcements to inform the public whom had tuned in to hear this intriguing panel examine this critical civil rights and corruption case in an important election year,that this incredible show had been canceled due to KPFA’s censorship by Oakland City Attorney John Russo! You can listen to those announcements here!
First Announcement:
Aborted Interview Announcement 1 http://www.box.net/shared/5hrfbsm8xj
Second Announcement:
Aborted Interview Announcement 2 http://www.box.net/shared/0idjh3jitg
Third Announcement:
Aborted Interview Announcement 3 http://www.box.net/shared/t4dg2k65a3
For more go to Now-truth.org page “KPFA Show Host Combats Censorship By Oakland City Attorney John Russo”.
Miss Wilson,whom has been a programmer on Ear Thyme,Jazz Passages and The Gospel Experience,among other programs,for ten years at KPFA,was all alone in the studio that holiday weekend from 6:00 am was terrified and frightened by all the threatening emails and voice mails from KPFA’s management and Oakland City Attorney Russo she had received. She did not know what to expect during every second and at every turn of the show. For more go to Now-truth.org page “KPFA Show Host Combats Censorship By Oakland City Attorney John Russo”.
In Katz’s email above,with the approval of Mark Moromodi,Russo requests Wilson and Program Director Lilley to answer questions as to why Wilson wanted Russo on the show and proclaimed that Russo was not involved in the case. He further directs them to host a show on the great work that Russo is doing with tenants in foreclosure. Yet he expressed his desire to censor the show with the comment that he was “concerned” because he alleged al-Hakim “had posted weird and threatening videos about John Russo on YouTube” so he wanted to know why they “was giving this guy a forum”.
Russo,Williams,Smith and the Oakland City Attorney’s Office has clearly entrapped themselves in conspiracy,corruption,collusion,extrinsic fraud,breaching the chain of custody of evidence,fabricating evidence and planting that evidence in the case files and providing it to the court for trial!!! You can view video on this crime at
Russo never declined the invitation to appear on the show and arrangements were made for him or any of the invited guests to appear via remote-phone broadcast from any location he chose. There was no issue regarding his security and therefore no reason to fear anyone.
al-Hakim’s alleged “weird and threatening videos about John Russo on YouTube” certainly are not weird,he has over 100 videos posted on his YouTube Channel as a resource for the collaborators on two film,music and documentaries that he is working on,including one on this corruption case. He has received an offer from YouTube to commercialize and monetize his videos with ad revenue because they are so wildly popular and diverse! The videos range from slavery to “Jim Crow”,the Civil Rights/social unrest of the 1950’s and the Free Love/Anti-War Movements,to the current Hip-Hop culture. There are videos of many of his clients heavyweight Championships bouts to Grammy Award winners performances,concerts from Russia and Romania to commercials with children,from his own appearances at the ESPN ESPY Awards to news broadcast on ABC-TV. The videos have never been censored by YouTube,have had tens of thousands of views,with mostly “Five-Star” ratings and comments that cover the gamut! They are only threatening to Russo because of their deadly TRUTH!!! The same TRUTH that Russo can not afford for the public to know! This is the same reason why he threatened Wilson,then forced the cancelation and censorship of the show.
If Russo is truly not involved in the case,what does he have to fear from such a harmless broadcast that does not concern him? Why would he care what was aired on KPFA? Does he get involved in censoring any other programs on air? Is he such a “vigilante” on any other programs that he is NOT involved in?
Russo was certainly prepared to appear on a show to boast about his racist enforcement of the foreclosure laws. So why was he so adamant about censoring the show and not allowing this broadcast on his corruption? What does Mr. Whistle Blower,Transparency,Accountability,and Civic Reform in cleaning up Government and Law Enforcement aimed at restoring public confidence in government while maintaining the Highest Ethical Standards have to hide from the public? JOHN RUSSO IS GUILTY OF CORRUPTION AND HAS UNCLEAN HANDS!!! For more goto Now-truth.org page “KPFA Show Host Combats Censorship By Oakland City Attorney John Russo”.
Unfortunately this is not the first time that Russo has engaged in censorship,intimidation,coercion,fraud and varied illegal tactics,quite the contrary,they have been his trademark in this case.
3c. NowTruth.org Website Censored and Purged From Search Engine Results After Email Message On Corruption
After experiencing some problems with the Now-truth.org website,al-Hakim had the site monitored very closely and after another hacking he consulted with the management of the hosting company and it was revealed to al-Hakim that the company’s main office Data Center had received a complaint September 12,2009 (See email from Brandon Fiery under Exhibit C) about the content of the site and a recently distributed email listing the site. It was made clear to al-Hakim that there was no complaint of spamming,just the content in an effort to limit the free speech of the Nowtruth project. Since that time,Nowtruth.org has been censored from all search engines whereby it is purged and does not appear in any search results if solicited. If you search for the specific term “Nowtruth.org” the website will not come up nor will anything that mentions it!
3d. Twitter Engaged In Censorship Regarding the Corruption on Behalf of Attorney General Jerry Brown,Oakland City Attorney John Russo and Alameda County D.A. Tom Oriole (For more visit page “Twitter Engages In Censorship”)
Shortly after Russo forced the censorship of the KPFA broadcast on his corruption,the hacking of the website,the complaint about the content of the website and emails,and the censoring of the website from search engine results,on October 9,2009 NowTruth.org sent out a Twitter message to their followers with a copy of the email from Alex Katz clearly exposing his hand in the censoring of the show. The next day the twitter account was “suspended” for allegedly replying to tweets and “suspicious activity”!
There is NOTHING suspicious about this activity and the tweets established their validity. Nowtruth has received several @mentions from people sympathetic to Brown,Russo and Orloff whom have tried tirelessly to silence this case and the information about it from getting out to the masses in an effort to protect them.
Just as Russo proceeded to engage in censorship by forcing the cancellation of the show and trying to conceal it from the public,those actions are public now as the reporter released a statement on their crimes of which this is merely another instance of. Now Twitter has joined them by engaging in censorship.
Twitter has failed and refused to respond to just what the alleged “suspicious activity” was,if and how it was investigated,what were the findings of that investigation,AND they have failed and refused to answer the burning question of whether they had been contacted by any of these parties,their agents,employees or their representatives,including Alex Katz,Joe Trippi,Jeremy D. Thompson,or anyone else regarding the “suspension” for the alleged “suspicious activity”
One certainly knows that if you were investigating suspicious activity in this case,you need to take a look at the actions of those that got Twitter to comply with their desire to censor this case and their continuing crimes for which Twitter founder Evan Williams,co-founder Biz Stone,and Twitter are now involved. al-Hakim and Nowtruth.org will not stop their civil and criminal investigation in this matter as they proceed,it only widens and deepens in it’s breadth and depth.
There’s nothing even remotely suspicious about the tweet,we will not be censored,and we are continuing to investigate ALL of these parties and their representatives,including Alex Katz,Joe Trippi,Jeremy D. Thompson,Twitter,Evan Williams,Biz Stone and their suspicious activity and to prosecute those involved in these continuing crimes.
3e. NowTruth.org Website Hacked After Twitter Message On Corruption
On December 1,2009 al-Hakim sent out another twitter message to his following regarding the censorship of the show with a link to the stories on NowTruth.org and that evening,the NowTruth.org website was hacked and sabotaged. Out of over 20 pages on the site,only 4 that address the corruption of Judge Jon Tigar,Brown,Orloff and Russo were damaged such that the public could not view them at all rendering the tweet and link useless. Is this not another example of their censorship?
3f. al-Hakim Files Ethics and “Whistle-Blower”Complaint
On May 5,2010 Abdul-Jalil al-Hakim filed an Ethics and “Whistle-Blower”complaint with Congresswoman Barbara Lee,State Assemblyman Sandre Swanson,Alameda County Supervisor Keith Carson,Oakland California Mayor Ron Dellums,Oakland City Administrator Dan Lindheim,Oakland City Auditor Courtney Ruby,Oakland City Councilpersons Desley Brooks and Larry Reid’s offices against Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez;former Oakland and current San Leandro City Attorney Jayne Williams;former Oakland City employee Pat Smith;Stephan Barber and others of the law firm Ropers,Majeski;Ronald J. Cook,Randy Willoughby,Alex Stuart,Annette Bening’s brother Bradley Bening and others of the law firm Willoughby,Stuart &Bening;for constructing fraudulent fabricated evidence in 1999 and planting that evidence favorable to the defendants in the case files SIX years AFTER the case was closed;engaged in spoliation of remaining evidence in the court files from 1991;and fostered witness testimony based on this planted evidence in the al-Hakim v CSAA and the underlying Rescue Rooter case that was created thru EXTRINSIC FRAUD with accompanying testimony procured thru admitted suborned and solicited perjurious acts by John Russo and others,they engaged in actions to destroy the litigation of al-Hakim’s legal case;they engaged in actions to coverup their unlawful acts.(See notice of complaint under Exhibit C)
al-Hakim has secured signed online Petitions To The Honorables President Barack Obama and United States Attorney General Eric Holder demanding to raise it’s investigation of corruption involving Attorney General Jerry Brown,Oakland City Attorney John Russo,former Oakland and current San Leandro City Attorney Jayne Williams,former District Attorney Tom Orloff,and current District Attorney Nancy E. O’Malley.
4. The Impact At Trials of The Fabricated Evidence Planted in Case Files
4a. Judge Lee’s Admission of Fabricated Evidence,Planted in Case Files Tainted,and Spoiled by the Hostile Intervener and the Oakland City Attorney Violated the EVIDENCE CHAIN OF CUSTODY:
The rules for establishing chain of custody are as follows:“The burden on the party offering the evidence is to show to the satisfaction of the trial court that,taking all the circumstances into account including the ease or difficulty with which the particular evidence could have been altered,it is reasonably certain that there was no alteration. [P] The requirement of reasonable certainty is not met when some vital link in the chain of possession is not accounted for,because then it is as likely as not that the evidence analyzed was not the evidence originally received. Left to such speculation the court must exclude the evidence. [Citations.] Conversely,when it is the barest speculation that there was tampering,it is proper to admit the evidence and let what doubt remains go to its weight.” ( People v. Diaz (1992) 3 Cal. 4th 495,559 [11 Cal. Rptr. 2d 353,834 P.2d 1171],quoting People v. Riser (1956) 47 Cal. 2d 566,580-581 [305 P.2d 1];see also People v. Williams (1989) 48 Cal. 3d 1112,1134 [259 Cal. Rptr. 473,774 P.2d 146]
Judge Lee committed prejudicial error,abuse of discretion,misconduct,gross negligence,bias,and showed malice toward al-Hakim and thus prejudiced the jury by allowing the introduction and admission of fabricated evidence planted in the case files tainted and spoiled by defendant Ron Cook,the hostile intervener’s defense counsel Stephan Barber and the firm of Ropers Majeski,other defense counsels,the Oakland City Attorney John Russo and the City Attorney’s Office regarding the City of Oakland file of the 1991 backup when they took custody of the files. Although the files in the 1991 matter were not relevant to the case in point and should never have been used,the court still allowed testimony on those issues and the fabricated evidence planted in the case files that were tainted and spoiled by the hostile intervener with most crucial documents missing,incomplete,inaccurate,and unoriginal after being in the secret,unauthorized control of the above mentioned defendant and hostile intervener.
At the plea of defense counsel,Judge Lee subpoenaed and ordered the original case file of the 1991 spill from the City of Oakland tainted and spoiled by the hostile intervener,the Oakland City Attorney John Russo and the City Attorney’s Office to be brought into evidence,be admitted as part of the record and allowed it’s contents to be used as exhibits and to make the record. Judge Lee admitted and allowed the fabricated evidence planted in the case file contaminated and spoiled by the hostile intervener,the Oakland City Attorney John Russo and the City Attorney’s Office with testimony on and regarding said evidence causing bias,prejudice and irreparable harm to al-Hakim. During the course of the trial it was pointed out that the file was incomplete,inaccurate and many documents were not even copies of the original. The photos from Pat Smith,Vaughn Holden and the al-Hakim were all conveniently missing,among many other important documents that resulted in perjurious and conflicting testimony by and in favor of the defense.
In committing this continual deception and patterned criminal fraud upon the court,the defense,intervener,the Oakland City Attorney John Russo and the City Attorney’s Office failed,refused,and never revealed to the court their improper and illegal transgressions regarding the fact of their spiriting away the files under the cloak of secrecy and allowed the trial to proceed knowing their responsibility and the legal impact of their fabricating evidence,planting that fabricated evidence in the case files,spoliation of evidence with the documents and their unpardonable breach in the chain of custody.
Given the above,with the worst example of the chain of custody being broken by the Oakland City Attorney John Russo and the City Attorney’s Office files being absconded with by defendant Ron Cook and the hostile intervener’s defense counsel Stephan Barber and the firm of Ropers Majeski,clearly the trier of fact must exclude the evidence and sanction the perpetrators of this crime of unclean hands.
al-Hakim argues that the court would not allow this type of corruption,extrinsic fraud,abuse of discretion,willful criminal misconduct in office and conduct prejudicial to the administration of justice that brings justice,civil rights,due process,the Judicial Office,the Oakland City Attorney John Russo and the City Attorney’s Office into disrepute. Such misconduct also can not be dispersed by any admonition or instruction and none was given. As this legal body shall now demonstrate,such misconduct necessitates liability for and reversal of the judgment and remand for a new trial.
SPOLIATION OF EVIDENCE
Judge Lee Erred,Showed Bias,Prejudice and Improperly Tried Case by Admission of Fabricated Evidence Planted in Case Files Tainted,and Spoiled by the Hostile Intervener,the Oakland City Attorney John Russo and the City Attorney’s Office of and related to missing Photos from the 1991 event.
The courts have concluded that- he who,without mistake or accident destroys primary evidence,deprives himself of the production and use of secondary evidence. The best evidence is required,and if a party with this in his power destroys it voluntarily,the law knows no relaxation for him,whatever may be given for accident or misfortune;to admit such evidence under these circumstances would open a door to frauds without number;by such spoliation of his own security the holder destroys his right of action. (Broadhead v. Stiles,3 Halsted,58;Vananken v. Hornbeck,2 Green,180;Livingstone v. Rogers,2 Johns. Cases,488;Blade v. Noland,12 Wend. 174.)
In People v. Hitch,supra,12 Cal. 3d at pp. 649-654,our Supreme Court held that evidence is inadmissible when their contents had been lost;the failure to preserve favorable evidence to a defendant was a violation of due process. Lost evidence is deemed material for the purposes of triggering the due process concern of Hitch if there is a reasonable possibility it would be favorable to the defendant on the issue of guilt or innocence. ( People v. Hitch,supra,12 Cal. 3d at pp. 649-654;see also People v. Zamora (1980) 28 Cal. 3d 88,99-100 [167 Cal. Rptr. 573,615 P.2d 1361];People v. Nation (1980) 26 Cal. 3d 169,176 [161 Cal. Rptr. 299,604 P.2d 1051].)
In People v. Goss (1980) 109 Cal.App.3d 443 [167 Cal. Rptr. 224],this court held it was Hitch error,albeit harmless,for the trial court to refuse to suppress prosecution testimony concerning a defendant’s first unrecorded statement when the prosecution failed to establish it had used sufficient precautions to avoid erasure of the tape used to record the defendant’s second statement since the erased tape could have had impeachment value as to prosecution testimony concerning both statements of the defendant. ( Id.,at pp. 448-456.) A reasonable inference arises from Goss that if a confession is not tape recorded,the officer’s notes of the conversation should be preserved because of their potential impeachment value.
In United States v. Harris (9th Cir. 1976) 543 F.2d 1247,1248,cited by Justice Reynoso,states:“We reject the contention of the government that the good-faith destruction of rough notes in accordance with normal agency procedure is justifiable. Notes taken by FBI agents in interviews either with prospective government witnesses or,as in this case,with the accused,constitute potentially discoverable materials. [Citations.] Since the routine disposal of potentially producible materials by the FBI amounts to a usurpation of the judicial function of determining what evidence must be produced in a criminal case,we hold that such original or rough interview notes must be preserved.”
In re Jessie L. (1982) 131 Cal.App.3d 202,208-211 [182 Cal. Rptr. 396],involved rough notes taken by a police officer during an interview of someone other than the defendant which related to testimony supporting probable cause to arrest the defendant. The reviewing court’s rhetorical statement that neither Hitch nor the Constitution “[requires] police officers to act like pack rats,saving every scrap of paper generated in an investigation” is inappropriate in the context of the facts of this case. ( Id.,at p. 211.) Here,the photos,documents,and notes would have been material to impeach defendant’s witness testimony about the condition of al-Hakim’s home during the inspections,which was not reflected in the typewritten reports. When al-Hakim’s case is at issue,due process considerations mandate that every reasonable effort be made to preserve the integrity of the files.
The SPOLIATION OF EVIDENCE in this matter is clearly exhibited by the many missing photos from the file that was tainted and spoiled by the hostile intervener,the Oakland City Attorney John Russo and the City Attorney’s Office of the 1991 occurrence that were critical and dispositive to al-Hakim while easily proving his case. Although the files in that matter were not relevant to the case in point and should never have been used,the court still allowed testimony on those issues and the fabricated evidence planted in the case files that were tainted and spoiled by the hostile intervener. Indeed,I would essentially ask the trier of fact to assume,for the purposes of this complaint,that the lost evidence was material and exculpatory,and the court chose this course. The court felt obliged to proceed in this manner because the judge heard some evidence on these issues and then allowed the jury to make factual findings based in part on the evidence heard,now one would question whether al-Hakim had the fair opportunity to litigate the factual issues addressed in such findings effectively. (See Mueller v. J. C. Penney Co. (1985) 173 Cal.App.3d 713,720 [219 Cal. Rptr. 272].)
In committing this continual deception and patterned criminal fraud upon the court,the intervener,the Oakland City Attorney John Russo and the City Attorney’s Office failed,refused,and never revealed to the court their improper and illegal transgressions regarding the fact of their spiriting away the files under the cloak of secrecy and allowed the trial to proceed knowing their responsibility and the legal impact of their fabricating evidence,planting that fabricated evidence in the case file,spoliation of evidence with the documents and their unpardonable breach in the chain of custody.
The court still allowed testimony on those issues and the files that were tainted and spoiled by the hostile intervener with most crucial documents missing,incomplete,inaccurate,and unoriginal after being in the control of the above mentioned defendant and hostile intervener.
TO WIT:
al-Hakim testified:
Al-Hakim testified he took pictures(See under Exhibit D al-Hakim P345L19) that were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener and the repair work is shown by changes in pictures(See under Exhibit D P348L6) that were missing from the City of Oakland files. Al-Hakim testified the photos from 1991(See under Exhibit D al-Hakim P374L23-P376L6) were missing. al-Hakim testified he gave pictures to City of Oakland and they knew the condition of home(See under Exhibit D P376L10-18,and P376L27) that were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. The court asks al-Hakim about the timing of pictures,al-Hakim testified he took them during the incident(See under Exhibit D P376L22-24).
Pat Smith testified:
Pat Smith’s notes show 5 rooms of wet carpet,bath,hot tub,and pool. She says saw fecal matter behind a refrigerator in the family room,hot tub,and near pool (See under Exhibit E P621L9-28) but photos depicting those conditions were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. She said that the damage was confined to the lower level of home,referring to her notes-there was a smell(terrific stench) (See under Exhibit E P622L2-6),and took pictures of the residence (See under Exhibit E P622L13). Defense Exhibit #249 photos she took at home on 10/22/91 (See under Exhibit E P622L14) but were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. She stated she took photos for a record of damage,to document damage (See under Exhibit E P623L4-20) but the photos were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. The exhibit was received into evidence (See under Exhibit E P624L1).
She swears she saw fecal matter behind a refrigerator in the family room,had no pictures,they were missing from the City of Oakland files(See under Exhibit E P650L19-25) that were tainted and spoiled by the hostile intervener. The court asks about the pictures- she says there was a picture of fridge downstairs,has picture of front- not back where the feces was,saw feces the hot tub,bath,and pool,can’t say where in hot tub- there are no pictures of any of these claims,she doesn’t know how feces got in pool,but al-Hakim adamant that it got in pool,behind fridge,in hot tub,and had a problem with computer- that she did not understand how it could happen either (See under Exhibit E P651L1-27). She first claims to have seen these conditions and took photos to document the damage,but the photos were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener,and finally says that it was al-Hakim that was saying that there was feces in those locations and she could not understand how it could have happened. She also did not remember going into the backyard,or checking around pool (See under Exhibit E P652L2-6) where she claimed to have seen and taken pictures of feces.
Vaughn Holden testified:
On Wednesday morning,October 30,2002 at 9:30 a.m.,after convening the court the defense called Vaughn Holden as an eye witness to the 1991 back up at the residence. Mr. Holden testified that he worked for Crawford Adjusters from 11/89 for six years,is a meticulous adjustor (See under Exhibit E P525L10) and took pictures of the residence and interviewed the plaintiff at the residence after the back up in 1992. He related to the jury that he was assigned the case Feb. 1992 and went into the home that had terrible smell with army boots (See under Exhibit E P505L13) on,saw sewage markings 5-7 inches up the walls (See under Exhibit E P507L20,V3P531L4) throughout the entire lower level of the home (See under Exhibit E P506L7-13) and told plaintiff to remove carpets (See under Exhibit E P508L11),that sewage had flowed down into the lower level thru the ceiling from the first level damaging the acoustic ceiling tile(See under Exhibit E P530L10),the pool was full of sewage (See under Exhibit E P531L4,P534L16-p536),and that sewage had flowed down the entire 100 foot side of the home from the street above (See under Exhibit E P531L4) into the pool(See under Exhibit E P508L20),that sewage ran along side of house (See under Exhibit E P521L2S,P532L4),sewage came from street above and ran along side of house (See under Exhibit E P532L1-P533). He stated al-Hakim gave him a copy of the Crowley/Lundeen Report,he only checked the lower level of the home and found the home unfit for living (See under Exhibit E P507L6) . He noted the home was still damp(See under Exhibit E P508L20) in Feb. 1992,he told al-Hakim to remove the family room carpets still there(See under Exhibit E P513L26-P516),floor tiles must be replaced,paneling in laundry room(See under Exhibit E P518L23,P525L1). He said he saw clumps of feces 4 months after backup(See under Exhibit E P521L10,P531L4),(See under Exhibit E P524L12-P526). Yet he had no pictures of any of these stated claims and his written reports contradicted his testimony (See under Exhibit E P524L12-P526) were he writes the home is well maintained(See under Exhibit E P528L1,P538L4). When asked why there were no pictures of these evident conditions(See under Exhibit E P539L28),he testified that he did not recall(See under Exhibit E P532L4) and admitted that he was going to be paid an undisclosed sum of money for his testimony(See under Exhibit E P534L24). He swears that he took photos that were with his report that were missing from the City of Oakland files(See under Exhibit E P539L28) that were tainted and spoiled by the hostile intervener.
Judge Lee allowed “suspect evidence” and testimony on those “suspect documents” and issues from the files that were tainted and spoiled by the hostile intervener,the Oakland City Attorney John Russo and the City Attorney’s Office with most crucial documents missing,incomplete,inaccurate,and unoriginal after being in the control of the above mentioned defendant and hostile intervener.
TO WIT:
Mr. al-Hakim testified to the City of Oakland files that were tainted and spoiled by the hostile intervener,the Oakland City Attorney John Russo and the City Attorney’s Office and documents provided by Jemmott for impeachment of al-Hakim(See under Exhibit D P230L21-27 and interrogatories(See under Exhibit D P232L1).
Mr. al-Hakim testified to the letter dated Feb. 28,92 to Pat Smith(See under Exhibit D P233L20) Backup ran 5 days uncontrolled BEFORE the 91 main collapse (See under Exhibit D P235L22-P236L2). Court to take answers to documents under submission (See under Exhibit D P237L28).
Mr. al-Hakim testified to the letter dated May. 13,92 to Pat Smith(See under Exhibit D P238L6).
Mr. al-Hakim testified to the letter dated Oct. 13,92 to Pat Smith(See under Exhibit D P242L4). Defense Exh 244 taken into evidence(See under Exhibit D P244L8 )
Mr. al-Hakim testified to the letter dated Jan. 23,93 to Pat Smith,Defense exhibit 244(See under Exhibit D P238L6). Letter says house was “inhabitable” not uninhabitable (See under Exhibit D P245L10)
*McKeown does not waive content of hearsay documents(See under Exhibit D P249L11).
Mr. al-Hakim testified to the Defense Exhibit 231 the City of Oakland complaint(See under Exhibit D P272L16) and not a verified complaint(See under Exhibit D P273L18),and Judge Lee takes it under submission(See under Exhibit D P274L10).
Mr. al-Hakim testified to the Defense Exhibit 246,a July 8,93 letter(See under Exhibit D P276L13) because of disrepair.
Mr. al-Hakim testified to the Defense exhibit #247,a September 23,93 letter that excludes asbestos,rent,fees(See under Exhibit D P283L7)
Mr. al-Hakim testified to the Baywide estimate Defense Exhibit 272,questionable document (See under Exhibit D P281L4).
McKeown objects to and question use of al-Hakim deposition but Judge Lee overruled(See under Exhibit D P315L9-15). Deposition question on seeing carpet cleaning,objection,Judge Lee overruled(See under Exhibit D P316L5-9).
Jurors excused for lunch and court debates use of Deposition from CSAA in this trial(See under Exhibit D P317L19-P319).
Defense counsel Todd Jones was allowed to read verified interrogatory and answer to 7.1 Judge Lee receives answers to City interrogatories Defense Exhibit 232 in evidence(See under Exhibit D P320L 6-322L9)
Mr. al-Hakim testified to the Defense Exhibit 253 letter from Mike Neary inspection warrant. City replaced main April 1993 and reconnected laterals(See under Exhibit D P334L23).
Mr. al-Hakim testified to the Defense exhibit 241 Jan. 24,92 letter to Pat Smith for $160,000 based on defective Crawford estimate(See under Exhibit D P341L10). Court takes Ex 241 under submission.
Mr. al-Hakim testified to the Defense Exhibit 248 form/part of Crawford document(See under Exhibit D P343L26-P344L21) has pages missing.
Vaughn Holden took pictures(See under Exhibit D al-Hakim P345L19). Repair work show changes in pictures(See under Exhibit D P348L6) but the pictures were missing from the files that were tainted and spoiled by the hostile intervener.
Judge Lee receives Defense Exhibits 241 and 242 into evidence but 242 is not a form of Danielson’s letter(See under Exhibit D P350L23).
Mr. al-Hakim testified to the Defense Exhibit 233,Case management conference statement from City(See under Exhibit D P352L10) and court explains(See under Exhibit D al-Hakim P352L28). Information came from complaint(See under Exhibit D P354L2). Judge Lee admits into evidence(See under Exhibit D P354L10).
Judge Lee admits partial Cameron bid into evidence as Defense Exhibit 267 (See under Exhibit D P391L10-14).
Mr. al-Hakim testified to the California Energy Containment bid submitted by Cameron(See under Exhibit D P391L24). Court asks about completeness of bids and al-Hakim states California Energy document incomplete(See under Exhibit D P392L7). That was one of documents submitted with Cameron package(See under Exhibit D al-Hakim P392L15) Camerons documents more than two pages(See under Exhibit D P393L12).
Pat Smith required her notes to respond to questions,she created near time of event,part of claims file(See under Exhibit E P618L20-P619L6).
Pat Smith’s notes show 5 rooms of wet carpet,bath,hot tub,and pool,saw
fecal matter behind a refrigerator in the family room,hot tub,and near pool (See under Exhibit E P621L9-28). Damage confined to lower level of home,refers to notes-there was a smell(terrific stench(See under Exhibit E P622L2-6). She swears that she took pictures of the residence (See under Exhibit E P622L13) but they were missing from the files. Defense Exhibit #249 photos at home on 10/22/91 (See under Exhibit E P622L14). She testified she took photos for a record of damage,to document damage (See under Exhibit E P623L4-20) but there were no photos depicting this damage. defense exhibit #249 received into evidence(See under Exhibit E P624L1).
She stated she told al-Hakim on 10/29/91 he needed to file claim,On 10/31/91 al-Hakim filed claim against City,Defense Exhibit #230 (See under Exhibit E P627L14 -P628L27). Defense Exhibit #230 received into evidence(See under Exhibit E P630L21).
She testified on Defense Exhibit #237,letter from al-Hakim dated 2/28/92 discussing business displacement,costs over $90,000 Crawford report,can’t entertain clients,daughter sick,office out of order(See under Exhibit E P635L7-636L13). She felt al-Hakim was moving out of home,Defense Exhibit #237 received into evidence(See under Exhibit E P636L17-23).
Mrs. Smith refers to notes- testified that there were back ups reported on 10/13/92,1/3/92,1/6/92(See under Exhibit E P641L18-P642L6).
She testified to an al-Hakim letter of 10/13/92,Defense Exhibit #244 was filed. She relied on information in letters,estimates to evaluate claim(See under Exhibit E P644L7-13). Received into evidence(See under Exhibit E P645L4).
Pat Smith recalled plaintiff submitted one estimate for repair to home with a fax,not a Baywide bid(See under Exhibit E P654L10-27).
Vaughn Holden testified he reviewed the City documents that were tainted and spoiled by the hostile intervener when investigating claim made by al-Hakim(See under Exhibit E P503L7-16).
al-Hakim argues that the court can not allow this type of abuse of discretion,willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute. (Art. VI,§ 18,subd. (c).) Such misconduct also can not be dispersed by any admonition or instruction and none was given. As the court shall now demonstrate,such misconduct necessitates reversal of the judgment and remand for a new trial.
al-Hakim argues that the court can not allow this type of abuse of discretion,willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Such misconduct also can not be dispersed by any admonition or instruction and none was given. As the court shall now demonstrate,such misconduct necessitates reversal of the judgment and remand for a new trial.
This was Judge Lee’s last trial before retiring and he rushed the case along and concealed his deceit. al-Hakim did not knowingly or intelligently waive his right to object to the above fundamental fairness requires that al-Hakim be permitted to impeach the the perjurious testimony of the defendant’s,their witnesses and experts solicited by defense counsel after they have now admitted the perjury;examine the spoliation of the City of Oakland file committed by the intervener and defendant’s in the insurance case;Pat Smith’s explanation by use of the original notes allegedly taken at the time of the event. Thus,these issues must be deemed to have substantial materiality for impeachment purposes.
The court is required to preserve the process and the denial of the rights to the answers of these issues for possible use at trial,al-Hakim is placed in an impossible position. He cannot impeach the the perjurious testimony of the defendant’s,their witnesses and experts solicited by defense counsel,or examine the spoliation of the City of Oakland file committed by the intervener and defendant’s in the insurance case since it was not permitted by the court due to time or otherwise. If you accept al-Hakim’s position,you must presume that because of the solicited perjurious testimony and the spoliation of evidence now having been exposed,the changed evidence and testimony based on the truth would shed new light on al-Hakim’s case at trial. It is quite possible,however,that due to time,error,bias,discretion or omission by the court,this course was not allowed to go forward.
4b. Judge John Tigar’s Admission of Fabricated Evidence,Planted in Case Files Tainted,and Spoiled by the Hostile Intervener and the Oakland City Attorney
The only evidence produced by CSAA in their defense at trial during the al-Hakim vs. CSAA trial in April 2008 was the two fabricated notes allegedly from Pat Smith taken at the time of the occurrence of 1991 back up. There was no other evidence lodged with the court reflected in the minutes of the hearing. The hearing was held in al-Hakim’s noticed absence as he was attending a funeral after a second death during the trial of an over 40 year friend.
5. THE AUGUST 1999 CITY NOTE
al-Hakim had served a trial subpoena upon defendant Ron Cook to produce his entire case file at trial. Cook appeared at trial with less than 15 boxes of files claiming that these were the only ones he felt was responsive to the subpoena. Upon review of the files provided,it was clear that there were just many,many duplicates of the same documents copied over and over without there being any new information provided. al-Hakim had also subpoenaed Ronald J. Cook,Randy Willoughby,Alex Stuart,Bradley Bening and others of the law firm Willoughby,Stuart &Bening yet no one else appeared or provided their case files pursuant to the subpoena claiming that they knew nothing about the case and it was Cook’s alone as an unsupervised “independent contractor”.
During a review of Cooks files in the court room while trial was recessed for a week,al-Hakim found a document in Ron Cook’s copies of the City of Oakland files which was a note entitled “Al-Hakim v. C/O (92416)” with two bates stamp numbers 001323 and 000002 (See one page note under Exhibit C) that was discovered on April 2,2008 during trial subject to subpoena. This document apparently states a list of “documents not provided to council requesting file”,and further mentions “Attorney-Client and work product documents”. These notes clearly address:
1) conversations between and a one page memo from EFA (City Attorney Elizabeth Allen) to RWH (City Attorney Randy Hall) and former City Attorney employee Pat Smith on August 27,1999- SIX YEARS AFTER Smith was fired by the City;
2) another conversation between and a one page memo from EFA (City Attorney Elizabeth Allen) to former City Attorney employee Pat Smith on August 27,1999- SIX YEARS AFTER Smith was fired by the City;
3) Two pages of hand-written notes from JWW (City Attorney Jayne W. Williams) to RWH (City Attorney Randy Hall) and former City Attorney employee Pat Smith on September 3,1999- SIX YEARS AFTER Smith was fired by the City;
4) Undated,one page hand-written note from JLW (City Attorney Janie L. Wong) to persons unknown;
5) Undated,one page hand-written note from former City Attorney employee Pat Smith SIX YEARS AFTER Smith was fired by the City to EFA (City Attorney Elizabeth Allen);
6) Two pages of undated,unaddressed,nondescript notes for placement into the City file.
For years al-Hakim has asked for answers to the illuminating question of “Where are the rest of Pat Smith’s alleged City case file notes allegedly taken contemporaneously during her two years of involvement from 1991-1993 in this case?”. There was never any answer because there were no notes other than the two pages of notes (See two pages of notes under Exhibit C) that were fabricated and planted into the City file after August 1999 by the Oakland City Attorney’s mentioned herein and at the behest of the defense attorney Stephan Barber.
Deputy defense-counsel Judge Tigar had ruled in pre-trail conference that Pat Smith’s notes would be admitted as evidence despite the fact that he noted that Judge David Lee had ruled them inadmissible in the Rescue trial. This is inconsistent with his ruling of all the previous orders of other judges relative to this case,no matter how remote,would prevail in this case and remain in full effect as he ruled on them and cited the prior judges ruling. Perhaps more revealing is that ALL those orders that he ruled on with the alleged support of previous judges orders were ALL against al-Hakim’s interest. During pre-trial conference al-Hakim had stated to the court that the defendants could not and would not produce any of the witnesses from the Rescue trial and none would appear at this trial because they all were known to have committed perjury. During the trial Defense counsel Barber stated to the court that he had tried to locate Pat Smith at the City of San Francisco but she no longer worked there and requested of the court that Pat Smith be allowed to testify through her notes and the Rescue transcript. al-Hakim raised the issue that the defendants had not provided any proof of their efforts to locate and serve Smith and alleging that they merely tried to reach her at her former place of employment was not enough. Tigar stated that he had read the Rescue trial testimony and notes of Pat Smith and would allow the transcript and her notes to be admitted as evidence if there was agreement that she would not appear as a witness. There was never any agreement between the parties on her not appearing as a witness and though Tigar knew there was no such agreement,Tigar admitted her testimony and notes into evidence at trial on August 6,2008 while al-Hakim was absent attending a funeral for a second death during the trial.(See Trial ending order dated August 9,2008 in Documents Box)
Oakland City Attorney Was Aware At All Times Whom Had The Files And Why
Oakland City File Note Refutes Defendants Recision Claim!
This evidence proves that the Oakland City Attorney’s Office knew at all times that defendants CSAA,Ron Cook and defense counsel Stephan Barber had the case files,that they provided the case files to them,that Pat Smith’s notes were clearly constructed in fraud and planted in the case files by the Oakland City Attorney’s Jayne Williams,Randy Hall,Elizabeth Allen,Eliada Perez,Janie Wong,Anita Hong,and former Senior Investigator Pat Smith at the behest of defendants CSAA,Ron Cook,defense counsel Stephan Barber,and underlying defendants Rescue Rooter with their counsel William Jemmott and Bay Area Carpets with their counsel Todd Jones. al-Hakim has previously served several deposition and trial subpoenas on ALL the parties named above and they have all failed to appear every time.
Since Pat Smith was terminated from the al-Hakim v. City of Oakland case for lying,fraud,and presenting false evidence before it was settled in September 1993 and she was fired from Oakland City employment shortly thereafter in 1994,there is no logical reason for her to have had such close and alleged privileged contact,conversations,and the sending and receiving of documents between her and Oakland City Attorneys Jayne Williams,Randy Hall,Elizabeth Allen,Eliada Perez,Janie Wong,Anita Hong in August 1999- SIX YEARS AFTER she was fired by the City of Oakland. As she said at the Rescue trial while being examined by Rescue defense counsel William Jemmott under oath she “required her notes to respond to questions” because she could not remember what lies she had to testify to without them. The notes she previously alleged to have “created those notes at or near the time of the event as part of her claims file” is simply untrue. Her notes and testimony is why the defendants could not and would not ever produce her for testimony at trial and Oakland City Attorneys John Russo,Jayne Williams,Randy Hall,Elizabeth Allen,Eliada Perez,Janie Wong,Anita Hong could not and would not ever appear for testimony at deposition or trial in this or the underlying case.
Oakland City Attorneys Jayne Williams and John Russo Fabricated and Planted Evidence!
Who authored the August 1999 City note and how did they come to know the facts that were contained in it? When was the note constructed? What documents were provided to the requesting counsel? Who was the attorney that requested the file and how was it provided to them? What other documents were withheld and why? Who is the Attorney and who was the Client referred to in the Attorney-Client asserted in the note? What documents comprised the Attorney-Client privilege? What documents comprised the work product?
What are the notes for,who’s file and what happened to them? Did they get placed in the file,if so,by whom,when,where,why,how? What was the chain of command in the handling of the notes? Who approved and who knew about this illegal covert action?
The August 1999 City note clearly demonstrates that someone had made contact with Pat Smith before that date in order for her to engage in the illegal activities with the City Attorneys. Who contacted Smith,when,how and why? She admitted during her testimony at trial in the Rescue case that she was being paid for her efforts by the defendants. How much was she paid and what was the basis for her employment? When did Pat Smith review the City file after her employment ended in 1994 and October 1999? Since there is proof from invoices that defendant Ron Cook had hired John Ratto of D. L. Glaze,later called ASU,as an alleged adjustor in this case and we have found out that they had contacted the Oakland Police Department,the City Attorney’s Office,and the Department of Insurance in an investigation of al-Hakim under the guise adjusting/settling the claim in early 1999. It is entirely reasonable to expect that defendants CSAA,Cook and defense counsels themselves may have initiated the contact directly with both Smith and the Oakland City Attorneys office prior to August 1999 or at the very least it was another of their employees or contractors Douglas Kroll,Eller Torres,Lynn Koehler,Michael DeCesare,Gary Halpin. The blatant illegal activities of defense counsels Stephan Barber and Shawn O’Halloran are well established in this and the underlying case.
Oakland City Attorneys Williams and Russo Gave Files To Defendant Stephan Barber
Further,this file note clearly refutes all the testimony,alleged evidence and contentions in January and May 2000 on behalf of Cook and CSAA in their canceling the policy,denying the claim and demanding repayment of the partial tender of the repairs that they discovered during the October 1999 EUO that al-Hakim had withheld evidence of the City file and mislead them on the magnitude of the back up. This also refutes any allegation of al-Hakim not complying with the terms of the insurance contract by not agreeing to CSAA’s subpoena of the Crawford files in July 2000 because as al-Hakim had asserted,CSAA already had them in 1997 and at least a year earlier in August 1999 in the City files they had possession of. Not only did al-Hakim provide CSAA with his files from the City in 1997,but clearly CSAA had contacted both Pat Smith and City Attorneys before August 1999,had accessed the City file on or before August 1999,planted the evidence they wanted and purged the evidence they knew was damaging BEFORE the EUO began in October 1999,rescinded in the contract and denied coverage in May 2000 alleged on information they discovered during the EUO,then returned the file to the City in July 2000. It is without any question that the defendants CSAA and Ron Cook had this defense strategy long before the EUO began,began the investigation of al-Hakim in January 1999,contacted both Pat Smith and City Attorneys before August 1999,planted the alleged evidence before the EUO,conducted the EUO with the spoliated files in October-November 1999,illegally rescinded the contract and denied coverage of the claim in January and March 2000,conducted the appraisal with the spoliated files in April 2000,suborned perjurious testimony in support of their appraisal/defense strategy,and engineered the fraudulent appraisal that was overturned because of the fraud committed by Cook and CSAA. CSAA and Cook’s rescission of the contract,denying coverage and demanding repayment was all the product of extrinsic fraud,planting fraudulent evidence,spoliation of evidence,and suborned perjurious testimony in support of their appraisal/defense litigation strategy.
6. PAT SMITH’S TESTIMONY BASED ON NOTES
Admission of Fabricated Evidence,Planted in Case Files Tainted,and Spoiled
by the Hostile Intervener,Oakland City Attorney John Russo and the City Attorney’s Office
Pat Smith’s Testimony:
The defense called Pat Smith,a former investigator for the City of Oakland to attempt to discredit al-Hakim’s testimony regarding the 1991 occurrence. She testified that she was a eyewitness to the occurrence,saw feces behind the refrigerator,in the hot tub,pool,on the side of the home and took pictures to document the damage. Under cross examination she expressed that she was not there when the back up occurred,she came out several days after the city crew had cleaned up the spill,she had no pictures of these conditions she said she saw,the pictures were missing,her notes contradicted her testimony and finally she says that al-Hakim told her these were the conditions at the time of her visit. Her notes clearly reflect that the crew had come out to the home at the time of the occurrence,cleaned up for several days after the event,that there was only water that was present in 5 rooms and the public works supervisor present felt it was the city’s fault but there was not much damage to the home. This completely verifies al-Hakim’s testimony.
Pat Smith required her notes to respond to questions,she created near time of event,part of claims file(See under Exhibit E P618L20-P619L6).
Pat Smith’s notes show 5 rooms of wet carpet,bath,hot tub,and pool,saw
fecal matter behind a refrigerator in the family room,hot tub,and near pool (See under Exhibit E P621L9-28). Damage confined to lower level of home,refers to notes-there was a smell(terrific stench(See under Exhibit E P622L2-6). She swears that she took pictures of the residence (See under Exhibit E P622L13) but they were missing from the files. Defense Exhibit #249 photos at home on 10/22/91 (See under Exhibit E P622L14). She testified she took photos for a record of damage,to document damage (See under Exhibit E P623L4-20) but there were no photos depicting this damage. defense exhibit #249 received into evidence(See under Exhibit E P624L1).
She stated she told al-Hakim on 10/29/91 he needed to file claim,On 10/31/91 al-Hakim filed claim against City,Defense Exhibit #230 (See under Exhibit E P627L14 -P628L27). Defense Exhibit #230 received into evidence(See under Exhibit E P630L21).
She testified on Defense Exhibit #237,letter from al-Hakim dated 2/28/92 discussing business displacement,costs over $90,000 Crawford report,can’t entertain clients,daughter sick,office out of order(See under Exhibit E P635L7-636L13). She felt al-Hakim was moving out of home,Defense Exhibit #237 received into evidence(See under Exhibit E P636L17-23).
Mrs. Smith refers to notes- testified that there were back ups reported on 10/13/92,1/3/92,1/6/92(See under Exhibit E P641L18-P642L6).
She testified to an al-Hakim letter of 10/13/92,Defense Exhibit #244 was filed. She relied on information in letters,estimates to evaluate claim(See under Exhibit E P644L7-13). Received into evidence(V3P645L4).
Pat Smith recalled plaintiff submitted one estimate for repair to home with a fax,not a Baywide bid(See under Exhibit E P654L10-27).
Pat Smith’s notes show 5 rooms of wet carpet,bath,hot tub,and pool. She says saw fecal matter behind a refrigerator in the family room,hot tub,and near pool (See under Exhibit E P621L9-28) but photos depicting those conditions were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. She said that the damage was confined to the lower level of home,referring to her notes-there was a smell(terrific stench(See under Exhibit E P622L2-6),and took pictures of the residence (See under Exhibit E P622L13). Defense Exhibit #249 photos she took at home on 10/22/91 (See under Exhibit E P622L14) but were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. She stated she took photos for a record of damage,to document damage (See under Exhibit E P623L4-20) but the photos were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener. The exhibit was received into evidence(See under Exhibit E P624L1).
She swears she saw fecal matter behind a refrigerator in the family room,had no pictures,they were missing from the City of Oakland files(See under Exhibit E P650L19-25) that were tainted and spoiled by the hostile intervener. The court asks about the pictures- she says there was a picture of fridge downstairs,has picture of front- not back where the feces was,saw feces the hot tub,bath,and pool,can’t say where in hot tub- there are no pictures of any of these claims,she doesn’t know how feces got in pool,but al-Hakim adamant that it got in pool,behind fridge,in hot tub,and had a problem with computer- that she did not understand how it could happen either (See under Exhibit E P651L1-27). She first claims to have seen these conditions and took photos to document the damage,but the photos were missing from the City of Oakland files that were tainted and spoiled by the hostile intervener,and finally says that it was al-Hakim that was saying that there was feces in those locations and she could not understand how it could have happened. She also did not remember going into the backyard,or checking around pool (See under Exhibit E P652L2-6) where she claimed to have seen and taken pictures of feces.
7. JOHN RUSSOS’ ABOVE THE LAW
7a. Broken,Empty Campaign Promises
Attorney General Jerry Brown,Oakland City Attorney John Russo,former Oakland and current San Leandro City Attorney Jayne Williams,former District Attorney Tom Orloff,and current District Attorney Nancy E. O’Malley,all claim to be proponents of Government Transparency,Accountability and Civic Reform and tout their campaign promises and accomplishments on TV and radio shows,in videos,on their websites,in numerous press releases and in the resultant news articles. To affect these lofty campaign promises,they all have paraded Civic Reform in cleaning up Government and Law Enforcement aimed at restoring public confidence in government,maintaining the Highest Ethical Standards,“Whistle Blower’s” Program,Legal Services aimed at improving conditions for the poor,initiated law suits against individuals and corporations allegedly causing harm to the public and environment,elder abuse,homeowner and tenant rights,the foreclosure and banking crisis,and violent crime.
They fashion themselves as independent watchdogs and gatekeepers for the people,fighting governmental and police misconduct and corruption,crime,nepotism,unfair employment practices,violent gangs,consumer fraud,unfair business practices,campaign disclosure and lobbyist activities. The evidence proves otherwise!
7b. Russo’s Media Presence on John Russo.com
As the byline on his website John Russo.com,in his brassy,self-touting manner,Oakland City Attorney John Russo refers to himself as “The Leader for Government Transparency and Civic Reform!” – and the standard bearer of – “Pragmatic Progressive Leadership!”
Russo further describes himself as “passionate that all Oakland citizens have a right to a safe community,good job opportunities,a thriving economy,and a responsible and transparent government.”
John Russo sells himself as “The Leader for Government Transparency and Civic Reform”,yet al-Hakim has contacted Russo and the Oakland City Attorney’s office several times by registered mail,phone and fax,while having previously served multiple deposition and trial subpoenas on John Russo and ALL the parties named above and they have ALL failed and refused to answer any request for information or appear to testify EVERY time.
Public Service Announcement “Oakland Open Government”
Russo has engaged in acts to coverup his criminal litigation tactics,failed and refused to disclose to the court,nor inform the Judge of the City Attorney’s improper and illegal transgressions regarding the fact the defendants alleged absconding with and taking custody of the City of Oakland case files for nearly a year and allowed the trial to proceed knowing their liability and the legal impact of their fraudulent fabricated evidence in 1999 and planted that evidence favorable to the defendants in the case files SIX years AFTER the case was closed,engaged in spoliation of remaining evidence in the court files from 1991 where during the trial,testimony revealed that there were numerous documents and photos of a very damning nature to the defense that were missing,altered,or incomplete,and their unpardonable breach in the chain of custody of the City files.
7c. Russo’s “Oakland Open Government” Public Service Announcement
In his Public Service Announcement entitled “Oakland Open Government” Russo touts his staff and points out Mark Morodomi and Michelle Abney,self-described as “The Advocate for the Public”. Morodomi states “Citizens have a right to see documents”. Russo explains the City motto is “Jus Por Popolo” meaning “Law in the Service of the Public” to “give you the tools and the resources to compete fully in our local democracy.“
Russo proclaims he is passionate about his belief that ”it is the government’s job to conduct the peoples business on behalf of the people,accountable to the people,and in full view of the people. That’s why I created Oakland’s first “Open Government” program.“
If City attorney John Russo and his proud personal appointee Mark Morodomi honestly believe ”Jus Pro People -translated to Law in the service of the public“;that they truly are employees of and work for the Public as shareholders of the corporation called the City of Oakland;that the public is entitled to City records;they truly believe in government accountability,transparency,and full disclosure in the publics right to know;that Russo wants to restore the publics faith in Government;why did Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Elizabeth Allen,Erica Harrold,Demetruis Shelton and Michele Abney provide the case file to the defendants Stephan Barber and Ron Cook for nearly a year and then failed and refused to notify the court of this unpardonable illegal breach in the chain of custody of the file;while Russo and all the City Attorney’s employees has failed and refused to provide the information sought by al-Hakim,and further all have failed and refused to appear under court ordered subpoena for deposition testimony on two occasions and under court ordered subpoena for trial testimony?
Neighborhood Law Corp Promotional Video
7d. John Russo ”My Word- OpEd“,entitled ”Police’s lawsuit against Oakland is shameful“
Also on his website is an ”op Ed- My Word“ article as it ran printed in the Oakland Tribune newspaper October 21,2008 by John Russo entitled ”Police’s lawsuit against Oakland is shameful“,in which Russo laments the hard fact that a class action lawsuit,”instigated“ by Mike Rains alleges ”the lawsuit amounts to little more than a shakedown“”if the lawsuit is successful,Oakland taxpayers will be on the hook for untold millions of dollars“ and in overtime to cops. Russo described it as ”a particularly costly and brazen“ lawsuit against the City of Oakland by Oakland Police Officers then complains ”Incredibly,three of the lead plaintiffs were fired for cause:One for threatening an elderly couple with his service handgun,one for watching pornography while on duty and one for providing police investigation information to the criminals under investigation.“ He further states it is ” a shameless move,a nickel and dime lawsuit that Oakland has spent $317,000 defending” and pleads with the public “Please don’t hesitate to contact me about this or any other issue”.
If Russo feels that it was proper to fire a police officer for giving police information to criminals under investigation,he should resign and pay punitive damages,restitution/sanctions and/or be fired for giving the entire case file to defendants Stephan Barber and Ron Cook for nearly a year and has engaged in acts to coverup these criminal litigation tactics,failed and refused to disclose to the court,nor inform the Judge of their improper and illegal transgressions regarding the fact the defendants alleged absconding with and taking custody of the City of Oakland files for nearly a year and allowed the trial to proceed knowing their liability and the legal impact of their fraudulent fabricated evidence in 1999 and planted that evidence favorable to the defendants in the files SIX years AFTER the case was closed,engaged in spoliation of remaining evidence in the court files from 1991 where during the trial,testimony revealed that there were numerous documents and photos of a very damning nature to the defense that were missing,altered,or incomplete,with their unpardonable breach in the chain of custody of the City files and as a direct and proximate result have caused al-Hakim and family to be forced from their $1+ million home,office,foreclosed from an over $20 million law suit,and multi million business for 12 years.
7e. Article on Russo’s “Stepping in to fill Oakland’s Power Vacuum” by Byron Williams,Oakland Tribune
In an article printed in the Oakland Tribune July 12,2008 by columnist Byron Williams entitled “Stepping in to fill Oakland’s Power Vacuum” he discusses Oakland City Attorney John Russo and City Auditor Courtney Ruby press conference unveiling their five-point reform package aimed at restoring public confidence in local government in the wake of allegations of nepotism and interfering with an ongoing police investigation by the former city administrator.
Russo’s “Real Oakland Administrative Reform” (ROAR)
According to Russo’s Web site,Real Oakland Administrative Reform (ROAR) is designed to “make city government more accountable,more transparent and more effective for the taxpayers of Oakland.”
ROAR includes:
1. A Whistleblower protection ordinance.
2. A strong anti-nepotism ordinance.
3. Reform of flawed personnel department procedures to reduce taxpayer liability.
4. Reform of the city’s inadequate records management practices.
5. A new employee ethics program that includes mandatory ethics training for all supervisors.
Nothing like a few charges of ethics violations by a top city official splattered onto the front pages to get elected officials in a good-government frame of mind.
Though Russo,Ruby and Councilwoman Patricia Kernighan made it painstakingly clear the unspoken subtext of the press conference was to answer the question:Who is leading Oakland?
It was one of those nonverbal mutually agreed upon moments in a press conference when the journalist asks a question knowing in advance he or she will not get a straight answer and the elected official does not feel any obligation to step out of character by responding forthrightly.
Citing his role as an elected official,along with the city auditor,Russo sees both offices as independent watchdogs for the City. Russo reiterated that the reforms he and Ruby are proposing have been issues plaguing the city for years.
Ethics reform is not sexy stuff. It is only in the midst of ethics violations that it becomes an above-the-fold news item. In a city where frustration is trumping hope,Oakland is willing to grasp onto leadership wherever it can find it,even if it surrounds such mundane issues as ethics reform.
You can view the video of Real Oakland Administrative Reform Video ROAR Pt 1
You can view the video of Real Oakland Administrative Reform Video ROAR Pt 2
8. ROAR Complaint and Evidence Against Oakland City Attorney John Russo &City Staff
A) If Oakland City Attorney John Russo truly believes “they are the grease between City Hall and the community”,why did he,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the al-Hakim case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file. They cause al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the Oakland City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,while committing these acts under the color of law with unclean hands,and should not be prosecuted to the full extent of the law! Why have they all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony?
B) If John Russo and the City can complain to a judge that “it is unconscionable to allow a tenant to go a single winter without heat,that their conscientious would not allow them to do so”,how can he,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney cause al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the Oakland City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,while committing these acts under the color of law with unclean hands,and should not be prosecuted to the full extent of the law! They provide the case file to the defendants Stephan Barber and Ron Cook for nearly a year and fail and refuse to notify the court of this unpardonable illegal breach in the chain of custody of the file. Why have they all failed and refused to provide the information sought by al-Hakim,and all fail and refuse to appear under court ordered subpoena for deposition testimony on two occasions and under court ordered subpoena for trial testimony?
Russo Describes Legal Action Against East Bay Municipal Utilities District
C) Oakland City Attorney John Russo complains that he “doesn’t want a Katrina like catastrophe here” yet he has cause al-Hakim and his family to be forced to live like Katrina victims imprisoned from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the Oakland City Attorney’s violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law!
D) If Oakland City Attorney John Russo and the City believe that “tenants are entitled to a habitable place to live”,how can they cause al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the Oakland City Attorney’s violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law!
E) Oakland City Attorney John Russo complains about landlords being “intransigent” in cooperating with the City so “he attacked them with an army of law enforcement and City Officials”,yet he,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the case file to the defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file;all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the Oakland City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this while this same army of law enforcement and City Officials have sat by quietly!
F) If Oakland City Attorney John Russo truly wants “the public to know that the City Government is operating on the level”,why has he,Oakland City Attorneys Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney all failed and refused to provide the information sought by al-Hakim,and further all failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony regarding their providing the case file to the defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file,causing al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law!
G) If Oakland City Attorney John Russo and City Auditor Cortney Ruby truly want “to enact,and enforce their own Whistleblower program” and they want the public to truly believe that “the City Government is operating on the level”,they should start with this complaint to investigate themselves and provide answers to why has Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file,all failed and refused to provide the information sought by al-Hakim,all failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony as well;have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
H) If Oakland City Attorney John Russo and City Auditor Cortney Ruby truly believe “there is a crisis of lack of public confidence in Oakland City Government,that people are fatally mad about the unethical behavior,and abuse of power rampant in the City Government;that Oakland truly deserves a new day”;if Russo is honestly “mad about it”;that it is truly time for Oakland in quoting Russo ”To Get On With It!“ to clean up corruption”;that Russo and Ruby “truly wants to enact,and enforce their self authored Whistle Blower program”;and they sincerely “want the public to believe that the City Government is operating on the level”,then they should start with this complaint to investigate themselves and provide answers to why has Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file;all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
I) If Oakland City Attorney John Russo and City Auditor Cortney Ruby truly believe “that City employees should be held to the highest ethical standards”;that “there is a formidable crisis of lack of public confidence in Oakland City Government”,then they should start with this complaint to investigate themselves and provide answers to why has Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold,and Michele Abney provided the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file;all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
J) If Oakland City Attorney John Russo and City Auditor Cortney Ruby are truly “for honest,transparent government” and truly opposed to in Russo’s words “more politicians simply keeping the game going as long as they can”;then they should start with this complaint to investigate themselves and provide answers to why has Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file;all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
Russo “We’ll Shut You Down!!!”
K) If Oakland City Attorney John Russo and City Auditor Cortney Ruby truly believe “that we want citizens to do as the City choses voluntarily,and if not,we will compel citizens to do it and if they fail- we will shut you down!”;must Russo and the City Attorneys be shut down for their continued failure and refusal to provide answers why Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file!? They have all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
L) Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney provided the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file in full participation and complicity in the defense’s litigation strategy as part of Russo’s self touted tactic of “lending the muscle and support of the city municipality to their case” in an effort to defeat al-Hakim;they all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
M) If Oakland City Attorney John Russo sincerely feels “litigants should be prosecuted to the full extent of the law!”,should he,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney not be prosecuted for their providing the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file;evading the many court ordered subpoenas to testify regarding their providing the case file to the defendants Stephan Barber and Ron Cook and failed to notify the court of this unpardonable illegal breach in the chain of custody;failing and refusing to provide the information sought by al-Hakim,and further failing and refusing to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1 million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
N) As one can easily tell from the evidence provided herein Oakland City Attorneys John Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney has,as Russo put,“stayed on script” regarding their evading the many court ordered subpoenas to testify regarding their providing the case file to the defendants Stephan Barber and Ron Cook for nearly a year and failing and refusing to notify the court of this unpardonable illegal breach in the chain of custody of the file and avoid prosecution for violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,while committing these acts under the color of law with unclean hands,and as a direct and proximate result have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
O) If Oakland City Attorney John Russo truly believes “people are interested in what’s happening at City hall!” and Russo was “thwarted from enacting change by the previous administration”,why didn’t he simply comply with the many written requests for information from al-Hakim or the demands of the three court ordered subpoenas for John Russo,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney to testify at deposition and trial regarding their providing the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file in full participation and complicity in the defense’s litigation strategy lending the muscle and support of the city municipality to their case in an effort to defeat al-Hakim;all failing and refusing to provide the information sought by al-Hakim,and as a direct and proximate result,have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials! This would not have required any change from the previous administration and certainly was of interest to the public and al-Hakim.
P) If Oakland City Attorney John Russo can claim “as licensed professionals in their field the Oakland City Attorneys can not claim ignorance”,that “they were warned and aware their behavior was illegal by al-Hakim,everybody knows that committing crimes and throwing a family out of their home for no reason is wrong”;why didn’t they simply comply with the many written requests for information from al-Hakim? How does he justify his,Mark Morodomi,Randy Hall,Eliada Perez,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton,Elizabeth Allen,Erica Harrold and Michele Abney evading the many court ordered subpoenas to testify regarding their providing the case file to the defendants Stephan Barber and Ron Cook for nearly a year and failing and refusing to notify the court of this unpardonable illegal breach in the chain of custody of the file and avoid prosecution for violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and as a direct and proximate result have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law. He did this with the aid of this same army of City Officials!
Q) Russo’s Incredulous Display of Racism,Bigotry,Hate,Islamophobia and Self-Anointed White,Male,Socio-Economic Class and Privilege
Now lets view and dissect Russo’s egreious display of extreme racism and inhumanity;his repulsive display of cruel horrifying bigotry,hatred,and islamophobia;and regurgitate Russo’s incredulous display of self-perceived,self-anointed White Male Socio-Economic Class and Priviledge.
Russo verbally exercises these demons as:
1) Russo feels that if he,as a white male City Attorney wrongs a black man,all Russo has to do is apologize,he tells the Blackman to move on with his life,the matters forgotten and Russo goes on unscathed to harm others with his racist ways;
2) but Russo feels if the Blackman is wrong,he will be prosecuted to the full extent of the law. How more blatantly racist can Russo be!? Shouldn’t Russo also be prosecuted to the full extent of the law for his crimes? Why can’t the Blackman simply apologize like Russo feels he can if he’s wrong? Russo was elected to enforcer equal justice under the law,not to evade and obstruct investigation nor offer apologies when he gets caught breaking the law. Russo is verbally exercising his perceived white male upper class privilege and social economic status while engaging in selective prosecution and feels he’s above and immune to the law!
3) John Russo takes a blatant bigoted swipe at Muslims and Islam with a well known reference of terrorist rhetoric as Russo laughs while mocking muslims with this common reference at a time when many feel it’s patriotic to slaughter Muslims around the world. This is a great display of John Russo’s bigotry,insensitivity,and true feelings of inhumanity toward man.
These revealing examples of the real John Russo that clearly exhibit his true beliefs as they pertain to Blacks,minorities and racism;his being above the law with his self-perceived White Male Upper Class and Socio-Economic Priviledge;Bigotry and inciting Islamophobia in feeding fear and hatred of Islam and Muslims.
9. UNCLEAN HANDS OF CITY OF OAKLAND,ET AL
9a. City of Oakland’s Specious,Treacherous Acts
You now have the municipality of the City of Oakland with John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez and the Oakland City Attorney’s Office;former Oakland and current San Leandro City Attorney Jayne Williams;former City of Oakland employee Pat Smith;Stephan Barber and others of the law firm Ropers,Majeski;Ronald J. Cook,Randy Willoughby,Alex Stuart,Bradley Bening and others of the law firm Willoughby,Stuart &Bening;William Jemmott now of the law firm Wilson Elser;Todd Jones and the law firm Archer Norris;Daniel Crowley of the law firm Daniel Crowley &Assoc.;Fletcher Alford,Joel K. Liberson and the law firm Gordon &Rees;Sean Robert O’Halloran now of the law firm Crone Rozynko;Anne Brooks Harrigan now of the law firm Grancell,Lebovitz,Stander,Barnes &Reubens;Yolanda Marnell Jackson now of the law firm Jackson Alternative Dispute Resolution;the law firm of Caven,Cleaveland,Murray;the former law firm of Jackson Harrigan;John Ratto and Dean K. Beyer,of ASU Group (formerly D. L. Glaze);defendants Rescue Rooter and Bay Area Carpet Cleaning;and retired Judges David Lee,Michael Ballachey,and Richard Hodge being a willing accomplice to the unclean hands of the hostile intervener with their breaking the chain of custody of the court files and providing them to the defendants whom absconded with the files,fabricated evidence,planted that fabricated evidence in the case file,engaged in spoliating the file and later allowed the court to subpoena those files into the trial record without notifying the court of this specious,treacherous act. This deprivation of al-Hakim’s civil,human and due process rights by the law enforcement body of the City Attorneys’ office of Oakland rise to the level of criminal activity and “misconduct by local and federal law enforcement officials. These actions are currently under investigation with Russo and his staff being subpoenaed to testify at trial.
9b. Jayne William’s Specious,Treacherous Acts
Retired Judges Lee,Michael Ballachey,and Richard Hodge,though they live in three different counties,all coincidentally hired the same Oakland defense firm,Meyers Nave,run by former Oakland and current San Leandro City Attorney Jayne Williams whom was responsible for providing the files to the defendants initially that was then given to her client Judge Lee for trial by John Russo. (See July 26,2006 letter from Kim Colwell under Exhibit B)
al-Hakim was stumped for years trying to find “Jane Williams” and was unsuccessful until recently while attending a Oscar Grant Town Hall meeting someone mentioned the Meyers Nave report on the abuses of the BART police in his murder and the general professional and ethical nature of the force. Curious about the alleged findings,al-Hakim did a web search and was surprised to find out that the principle of Meyers Nave and the City Attorney of San Leandro was none other than “Jayne Williams”! From there he found her active in many investigative roles as the finder of fact in case involving high level,high profile,governmental crimes.
Jayne W. Williams
Jayne Williams is the managing principal of Meyers Nave and the current City Attorney for the City of San Leandro. While at Meyers Nave,Jayne has served as City Attorney to the City of Suisun City and as Interim City Attorney for the Cities of Stockton and Merced.
Recently,Ms. Williams was retained as part of the Meyers Nave team selected by the San Francisco Bay Area Rapid Transit District (BART) to conduct a confidential internal affairs investigation of the officer-involved shooting death of Oscar Grant. This New Year’s Day incident gained public attention throughout the Bay Area and the nation,and sparked protests that extended for a number of weeks following the shooting. The investigation reviewed the actions of the police officers who were involved in the incident to determine any potential misconduct.
As reported in The San Jose Business Journal’s,Jayne Williams,and Meyers Nave were retained by San Jose Evergreen Community College District Board of Trustees to conduct an independent investigation into the allegations of financial and administrative improprieties by Chancellor Rosa Perez. In November 2009 these allegations were reported in three KGO news telecasts and a San Jose Mercury News article. Because of the significant public interest and attention generated by these news reports,the District Board decided that an independent investigation should be conducted and that the investigation report should be made available to the public,to the extent legally permissible. The investigation team,led by Jayne Williams,conducted a five-month investigation into the various allegations and produced a comprehensive report with findings,recommendations and conclusions that was released by the District to the public at a news conference on May 21,2010.
Their website proudly boasts “Meyers Nave routinely represents public agencies in high profile internal investigations such as this investigation for San Jose Evergreen Community College District and the investigation conducted by attorneys Jayne Williams and Kimberly Colwell on behalf of BART into the actions of all the officers present during the New Year’s Day shooting death of Oscar Grant. For more information on this investigation or for assistance with internal investigations,please contact Jayne Williams at 800.464.3559.”
“Attorneys at Meyers Nave understand these pressures. In fact,we have earned our reputation by helping public officials find creative solutions to financial,regulatory and legal issues. Our extensive knowledge of all areas of municipal law —coupled with hands-on experience in negotiating and litigating —allows us to cut to the core of most issues and resolve them quickly.”
“Our clients include a number of California’s most forward thinking cities,towns,counties and redevelopment agencies. Our attorneys work closely with public officials —council members,city managers,planning directors,public works directors,finance directors and risk managers —to help manage and optimize programs and initiatives.”
Their advertising at the 2010 League of California Cities Annual Expo Exhibitors in San Diego,CA,September 16 and 17,2010 (as of 5/26/2010 ) displayed:
Meyers Nave
Booth(s):738
Provide legal solutions for city attorney,general counsel and special counsel services in public finance,employment,cost recovery,infrastructure development,environmental law and civil rights litigation.
www.meyersnave.com
Their website also list:
CLIENT LIST &REFERENCES;LIST OF (SELECTED) CLIENTS
City of Alameda,County of Alameda,City of Benicia,Benecia Housing authority,City of Capitola,City of Clover-dale,City of Concord,Contra Costa County,City of Daly City,City of Dixon,City of Dublin,City of El Cerrito,El Dorado County,City of Fairfield,City of Ferment,City of Glendale,City of Hayward,City of Livermore,Los Altos Hills,City of Los Gatos,Mendocino County Community Development Center,Menlo Park Fire Protection District,City of Milpitas,Novato Sanitary District,City of Oakland,County of Orange,City of Palo Alto,City of Patella,City of Pinole,City of Richmond,City and County of San Francisco,City of San Leonard,City of San Ramon,Santa Clara County Fire District,City of Santa Clara,County of Sonoma,City of Stockton,City of Tracy,City of Union City,City of Walnut Creek,City of West Covina
She and Meyers Nave worked with John Russo and the City of Oakland in a lawsuit against police officers that claimed they had been underpaid for working extra hours and for the time they spent putting on their uniforms,and that loss/settlement will pay $1.75 million in legal fees and costs and will offer vacation time and money to the officers. Under a tentative agreement reached this week,the city will cover the plaintiffs’legal fees. More than 500 current officers will receive an average of 130 vacation hours each,and about 60 retired officers each will be paid $3,500,said Rocky Lucia,an attorney for the officers.
She also worked with Russo and the City Attorney’s Office in the April 2008 injunction that would have banned plastic shopping bags from landfills against the Oakland City’s ordinance. Alameda County Superior Court Judge Frank Roesch said that the city failed to conduct a full review of how the ban would affect the environment.
In his ruling,Roesch ignored his conflict of having an interest in a garbage company,said,“It is because of that evidence in the record and the unanimity of the uncertainty whether paper bags are less (or more) environmentally friendly than plastic bags that the city cannot assert that there is ‘no possibility’ of any significant environmental effect caused by the ban.”
In a statement,Keith Christman,senior director of the American Chemistry Council’s plastics division,said,“They also take up more space in landfills.” “Banning plastic bags would dramatically increase energy use,double greenhouse gas emissions and increase waste. Recycling plastic bags is the right approach and makes plastic bags the environmentally responsible choice.” He said,“We encourage the city to help Oakland residents improve the recycling of plastic bags consistent with AB 2449,California’s state-wide recycling program,” and “Plastics are a valuable resource – too valuable to waste — and we believe effective implementation of the state’s recycling program is the best and fastest way to steward environmental resources and reduce litter by recycling these bags.”
Michael Mills,the attorney for the Coalition to Support Plastic Bag Recycling,said internal e-mails between Oakland officials last year indicate that they admit that compostable plastic bags aren’t any better for the environment than are regular plastic shopping Bags and he believes Oakland officials only approved the ordinance for “feel-good public relations spin.”
How important is it to the integrity and validity of the proper investigation and analysis of high profile crimes that the finder of fact is in fact guilty of corruption,collusion,conspiracy,extrinsic fraud,breaching the chain of custody giving the case files to defendants for nearly a year,fabricating evidence,planting fabricated evidence in case files and providing that spoliated case file to the courts without informing the court! This fact alone would bring all of their cases under scrutiny with the potential to be overturned!
9c. CSAA Worked with The Defense Against It’s Own Insured
al-Hakim has asserted that as relevant to whether these actions of al-Hakim’s own insurance carrier,CSAA,there are equally as serious charges with regards to the actions of Cook and Willoughby Stuart &Bening;Barber and Ropers Majeski participation in the orchestration of defendants Rescue Rooter and Bay Area Carpet’s defense strategy against their client rather than represent al-Hakim as required by law. The witness testimony and evidence that was procured thru admitted suborned and solicited perjurious testimony by them and the defendants,they engaged in actions to interfere with their client and litigant’s legal case,engaged in actions to coverup the unlawful act of suborn and solicited perjurious testimony,committed fraud upon the court of the State of California,aided and abetted criminal activity,committed willful,criminal and corrupt perjury,fraud,conspiracy to commit fraud,conspiracy,subornation of perjurious testimony and solicitation of perjurious testimony,fraudulent concealment,spoliation of evidence with the City of Oakland,their unpardonable breach in the chain of custody of the court files,has committed patterned willful,criminal,and corrupt deception and fraud upon the court,extrinsic fraud,spoliation of evidence with the disappearance of court records,and qualify for the doctrine of unclean hands.
10. LEGAL IMPLICATIONS
The many other new claims including abuse of discretion,gross misconduct,conduct prejudicial,gross negligence,bias,the subornation and solicitation of perjurious testimony charges are inextricably intertwined with the truthful testimony and conduct of the named Judges Lee,Hodge and Ballachey;Defendant’s and their attorneys,agents,witnesses and experts;CSAA and their attorneys,agents,witnesses and experts;Ron Cook and Willoughby Stuart &Bening and their attorneys,agents,witnesses and experts;and the City of Oakland Attorneys’ office,suggest that all documents,notes,meetings and conversations with and of the respective judges,witnesses,experts,defendants and counsels are admissible as to these charges for which there is no impunity.
Perhaps the single most important reason why Victoria Henley,former Presiding Alameda County Superior Court Judge Yolanda Northridge,Presiding Alameda County Superior Court Judge John Goodman and Ronald George,heads of the disciplinary bodies responsible for taking corrective action in this case,has been so derelict in doing so,is because they are inextricably placed in the legal paradox where every judge,court administrator,attorney,law firm,defendant and their agents having been involved in committing these crimes,opens the way to legally setting aside every case they were ever involved with and potentially being reversed at an untold cost of money,integrity and irreparable loss of public confidence in the legal system.
11. CONCLUSION
Based on all of the foregoing,al-Hakim is entitled to a finding of guilt on the part of Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez and the Oakland City Attorney’s Office;former Oakland and current San Leandro City Attorney Jayne Williams;former City of Oakland employee Pat Smith;of being a willing accomplice to the unclean hands of the hostile intervener with their breaking the chain of custody of the case files and providing them to the defendants whom absconded with the files,fabricated evidence,planted that fabricated evidence in the case file,engaged in spoliating the file and later allowed the court to subpoena those files into the trial record without notifying the court of this specious,treacherous act.
Oakland City Attorney John Russo and the Oakland City Attorney’s Office providing the case file to defendants Stephan Barber and Ron Cook for nearly a year and failed to notify the court of this unpardonable illegal breach in the chain of custody of the file in full participation and complicity in the orchestration of defendants Rescue Rooter and Bay Area Carpet’s defense’s litigation strategy lending the muscle and support of the city municipality to CSAA’s case against their client al-Hakim,rather than represent al-Hakim as required by law,in an effort to defeat al-Hakim. The fabricated evidence and witness testimony that was procured thru admitted suborned and solicited perjurious testimony by CSAA,the defendants,Oakland City Attorney John Russo and the Oakland City Attorney’s Office,then engaged in actions to interfere with al-Hakim’s legal case,engaged in actions to coverup the unlawful act of suborn and solicited perjurious testimony,committed fraud upon the State of California,aided and abetted criminal activity,committed willful,criminal and corrupt perjury,fraud,conspiracy to commit fraud,conspiracy,subornation of perjurious testimony and solicitation of perjurious testimony,fraudulent concealment,spoliation of evidence with the City of Oakland,their unpardonable breach in the chain of custody of the court files,has committed patterned willful,criminal,and corrupt deception and fraud upon the court,extrinsic fraud,spoliation of evidence with the disappearance of court records,and qualify for the doctrine of unclean hands.
All parties failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and as a direct and proximate result,have caused al-Hakim and family to be forced from their $1million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 12 years thru the City Attorneys violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law.
al-Hakim,his family,and business must be made whole and the guilty parties must be terminated from their city employment and prosecuted to the full extent of the law.
Dated:June 10,2010
By:_________________________________
ABDUL-JALIL al-HAKIM
Complainant
