DISHonorable C. “Con Don” Clay Must Address District Attorney Nancy O’Malley Federal Civil Rights Violations and Corruption Complaints



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7633 SUNKIST DRIVE, OAKLAND, CA 94605-3024 PH (510) 394-4501

TO: The Honorable C. Don Clay FAX #: 510 891-6276
Presiding Judge NO PAGES: 11
Superior Court of California
County of Alameda
1225 Fallon St., Dept #1
Oakland CA 94612
cc: Judge Leo Dorado, District Attorney Nancy O’Malley, Supervisor Keith Carson
FROM: Abdul-Jalil al-Hakim
DATE: February 3, 2012
RE: Alameda County District Attorney Nancy O’Malley Forcibly Removing Me from Davidson Courthouse Building, Threatened with Arrest if Returned and Response to Formal Complaint Served and Filed June 7, 2010

Dear Judge Clay,

Corrupt Judge C. “Con Don” Clay

I have called your office yesterday on Thursday, February 2, 2012 and left a voice mail message regarding very serious concerns mentioned above, as these Federal Civil Rights violations of my being forcibly removed from the Davidson Courthouse Building by Alameda County District Attorney Nancy O’Malley, threatened with arrest if I returned and my Corruption Complaints filed with then Presiding Judge Jon Rolefsen on September 22, 2010 requesting a response to Formal Complaint Served and Filed June 7, 2010. Any effort to continue to cover up these crimes, are themselves greater crimes than the ones complained of! The matters and I are not going to magically disappear so let’s address them and move on.

I am fearful for my safety after being verbally accosted; physically threatened; attempted to be baited, provoked and intimidated into a physical altercation; threatened with arrest, disallowed from going to Judge Leo Dorado’s courtroom; forcibly removed and escorted from the courthouse building; and ordered not to return by District Attorney Officer Bob Connor on November 22, 2010 at approximately 3:45 p.m I have litigation that was to be filed in November 2010 the day of my being forcibly removed from the court house and threatened by District Attorney henchman Bob Connor whom is very well known to me. The D. A.’s office has compromised these suits and this issue also must be corrected ASAP. District Attorney Nancy O’Malley’s abridging these inalienable, sacred rights are not a joke to African-Americans.

This apparently was on order from Alameda County District Attorney Nancy O’Malley and assistant District Attorney Kevin Dunleavy as I sat alone in the lobby of the D. A.‘s office for 30 minutes waiting to speak to Dunleavy on an update on the formal 200 page Corruption, Extrinsic Fraud, Criminal Misconduct, Ethics and “Whistle-Blower” Complaint complete with audio CD filed and served on their office on June 7, 2010 stemming from criminal actions committed by John Russo and the City Attorney’s office resulting from the sewer main collapse alongside my home in 1991. After requesting a response to Formal Complaint Served and Filed June 7, 2010 and several conversations with the Alameda County District Attorney office, District Attorney Nancy O’Malley assigned the case to Assistant District Attorney Kevin Dunleavy. After his review and several more conversations with me, Dunleavy decided to assign the case for investigation after he had been assigned this case in July 2010 when he told me months before that he had assigned it to another investigator.
The D. A.‘s lobby reception area is merely a very small space between the elevators and the bullet proof glass doors and windows that separate the public from the D. A. There are only a few chairs that line one side of the space and is not meant to accommodate more than 4-8 people. During the 30 minutes that I waited in the lobby, only 3 people from the general public came onto the floor from the elevators, yet 10-12 came to and from the D. A.’s office. Clearly I represented no threat to anyone, and I could have been assisted without any concern nor fear on anyone’s behalf. I’m sure that the lobby area is equipped with surveillance cameras and would verify my account of this incident.

I am familiar with officer Bob Connor from my previous interaction with him during my Oakland Police Burglary case. It is documented that he is not someone I trust or would interact with in any manner. He clearly tried to put me in harms way where I could/would have been killed in the line of duty! I made it clear then that I never intended to speak to or have any contact with him ever again in life.

It is unfathomable that such a thing could happen right in your lobby and visitors reception area in today’s highly charged racial, political, and law enforcement versus community interactive environment, especially in Oakland and Alameda County where deadly force seems to be the rule rather than the exception. Given the history of the D. A.’s office, and in your short tenure, I should have expected it!

To allow the D. A.‘s office to handle me and my complaint in such a Gestapo fashion and to use Judge Leo Dorado as a ruse is unacceptable, needs to be investigated, the responsible parties held accountable and punished.

Assistant District Attorney Kevin Dunleavey had me forcibly removed from the Courthouse without notice, cause or legal grounds. Rodney Brooks, the Chief of Staff for Supervisor Keith Carson informed me that Dunleavey admitted to him that he had me removed from the Courthouse and gave no reason nor legal grounds for doing so. After the encounter with Connor, I spoke with District Attorney Matt Golde and Superior Court Judge Leo Dorado regarding my treatment and called O’Malley to voice my extreme concern wherein I received a return call from Dunleavy. Dunleavey expressed his concern for the fact that I knew Golde and Dorado, but not as if it would have made a difference in their decision or actions in having me threatened and removed from the courthouse. He laughed as he recanted stories about them playing on a basketball team together, never once exhibiting any remorse for his or O’Malleys’ actions. The recorded conversation with Dunleavy regarding the encounter with Connor and the investigation can be listened to and/or downloaded at:

Here’s Dunleavy’s second call stating the he will speak with the Department of Child Support Services attorney that had to admit in court several times that they and the D. A.’s office had committed fraud, embezzlement, and theft against me and my family. When I refused to pay for the D. A.’s fraud, they attempted to extort the money from me by suspending my drivers license and revoking my passport! You can listen to D. A. Kevin Dunleavy voicemail as he tells me he is going to talk with V. Harvey of CSS

Dunleavey had expressed to me his desire to prompt an obvious conflict with his actions, to avoid the responsibility to perform a fair and impartial investigation under any circumstances, to create an unsustainable jurisdictional issue to avoid the investigation, his very serious offense of my being Blacklisted and denying my Federal Civil Rights to enter the courthouse to file a lawsuit, being Blacklisted and denying my Federal Civil Rights to enter the courthouse as a public venue, as well as the City Attorney’s fraud. He said that he would talk with Nancy O’Malley and get back to me. He never did.

Brooks further expressed that the D.A. had concluded an investigation of the cases, found no wrong doing, and had sent me a letter of their findings and decision. I informed Brooks that Mike O’Connor, Senior Deputy District Attorney, had left me a voice mail message stating that, but in fact I have never received anything from them at all and asked him for a copy of this investigation report, and if he had read it. You can listen to D. A. Mike O’Connor voicemail stating he has ended the investigation at:

Brooks said that he had not seen the report and did not have a copy. I asked that he provide a copy of the alleged “investigation report” from the D. A.’s office. Needless to say I have received nothing from Brooks, and after his actions for the last year, it is not unexpected.
Clearly something must be done as I have waited for you to get back to me to move this process forward. There is no circumstance or law that can justify this use of force, intimidation, and threat of imprisonment under the guise and color of law!. I will not allow this continuing injustice to go on unnoticed and want to know what time is best for you since I want to meet as soon as possible!

I have been waiting for the Supervisor’s Offices, Superior Court and the D. A.’s office to properly address this matter since June 2010 with the above results.

The critically serious, incriminating, willful admissions in the conversations and interactions of Brooks, Carson, Connor, and Dunleavey with O’Malley has made everyone witnesses to these actions of the D. A. and any non-action on the prosecution of these crimes will entrap YOU ALL in complicity in the commission of these crimes, in it’s corruption, conspiracy, fraud, obstruction of justice, false imprisonment, aiding and abetting the crimes mentioned, the attempted cover up of these crimes, and willful blindness, among others. It is settled law that the cover up of a crime is itself greater than the crimes themselves! Those stakes are raised exponentially when it concerns corruption on behalf of Judges, elected public officials, law enforcement and legal servants whom are embodied with protecting the public trust.

Judge Rolefsen had been called, emailed, faxed and I had come by his office several times and expected that someone would respond to my complaint, and as you are undoubtedly aware, I am still awaiting a response to the Corruption Complaint filed and served on his office on May 5, 2010 and the formal 200 page Corruption, Extrinsic Fraud, Criminal Misconduct, Ethics and “Whistle-Blower” Complaint complete with audio CD filed and served on your office on June 7, 2010. The Complaint stems from criminal actions committed by several judges, John Russo and the Oakland City Attorney’s office resulting from the sewer main collapse alongside my home in 1991. I implore you to respond to this matter with your lawful findings immediately.

You should be further aware that this complete formal complaint has also been filed with Congresswoman Barbara Lee, State Assemblyman Sandre Swanson, Oakland City Auditor Courtnry Ruby, Alameda County Supervisor Keith Carson, Oakland California Mayor Ron Dellums, Oakland City Administrator Dan Lindheim, Alameda County District Attorney Nancy O’Malley, Oakland City Councilpersons Desley Brooks and Larry Reid’s offices. I have been in contact with and expect it being submitted to the Alameda County Grand Jury while California Attorney General Jerry Brown’s office refused service of their complaint!

The Complaint against the Judges, Russo and his staff including Mark Morodomi, Randy Hall, Janie Wong, Anita Hong, Sophia Li, Demetruis Shelton, Elizabeth Allen, Erica Harrold and Michele Abbey; former Oakland and current San Leandro City Attorney Jayne Williams and former employee Pat Smith; is for their fraudulently fabricating 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, fostering Rescue 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; Ron 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; to be admitted as evidence, subjected to 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 and fostered it’s use to prejudice the jury.

During the Rescue 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, and their providing the case file to defendants Stephan Barber and Ron Cook for nearly a year, Russo failed to notify the court of this unpardonable illegal breach in the chain of custody of the file, and engaged in actions to destroy the litigation of my legal case; Russo engaged in actions to coverup their unlawful acts; as they committed, aided and abetted this criminal activity.

I had requested depositions, investigation and trial testimony of 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 counsel and 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. I had presented letters and video taped evidence that there was only one file that existed, and if there was ever more than one case file, they were ALL missing and that fact was attributed to CSAA’s attorneys by the Oakland City Attorney.

Clearly, Mr. Barber now has to leave the seat as defense counsel and take the stand as a witness and defendant, something Tigar and his counsel dreaded! Keep in mind Tigar was represented by Barber in Tigar’s own recusal hearing that Tigar heard himself to determine if he should be allowed legally to sit in the case! No wonder what his ruling was! But there’s no conflict. This 14 year case was concluded the next week in the absence of plaintiff’s counsel, plaintiff’s primary witness, plaintiff’s expert, and myself while attending a funeral after the second death of an over 40 year friend during the trial, even though the leave of absence had been approved by Tigar a month earlier and I had notified the court five days before trial was to resume! Tigar, whom admitted during pretrial hearings that he had committed violations such as to merit a mistrial, did this after he had just taken a second one week “vacation” during trial and had dismissed the key witness Cook FROM THE WITNESS STAND to go on vacation and avoid any further testimony in an effort to ruin my case! But there in no bias or prejudice! I filed numerous complaints against Tigar, including one requesting that the proceedings be recorded for my protection against his repeated attempts at provocation and staging outburst of alleged contempt as even to this day I am fearful for my safety after his unrelenting display of deception and disdain using the Sheriff’s Department, Court Administration, Appeals Court and Judicial Council as his personal armed forces, investigative services and punitive legal enforcement agencies.
Cook and Barber’s admissions now corroborates the story that was told to me and my 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.

As a direct and proximate result of their actions, they have caused me and my family to be forced from our $1 million plus home and office, foreclosed from two over $20 million law suits, 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. I should remind you that they again did this with the “unwitting” aid of the same army of City Officials that Russo eagerly employs to rid the City of criminals like himself!

All the parties must now answer for their actions to destroy the litigation of my legal case; their committing, aiding and abetting this criminal activity; engaging in actions to coverup their unlawful acts; failing and refusing to provide the information sought by me, and further failing and refusing to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony. My feeling is also that they ALL should be prosecuted to the full extent of the law.

I have long ago exposed the corruption in the State Judicial System, tearing down the false public facade of honor the Judiciary want to extoll while they actually practice uncontrolled dishonor under the protection of your self-policed veil of secrecy.

This present civil conspiracy has brought into play County and Sate Agencies to further it’s continued investigation of me, while I have been surveilled for years and continues today with the compromising of many agents and informants covers due to their sloppiness. This effort was a major factor in my recent trials in the County and State Courts and was used to gather reconnaissance against me by Judges, Court Administration and the Judicial Council.

This manifested itself as the supreme purveyor of the judicial corruption, perjury, bias, prejudice and ultimate cover-up of these crimes against me.

I have four complaints currently filed with the Alameda County Presiding Court Judge that have been being “investigated” for over three years without any response and the judges continue to rule from the bench. At least two of the complaints is being “investigated” by a judge, Richard Friedman, whom is an admitted liar and perjurer that committed fraud by fabricating court records for pay. He has admitted to illegal Ex-Parte communications in my case perviously while at the same time announced in court to be holding me to a higher legal standard than that of opposing counsel and certainly any in pro per litigant as he sanctioned me $1,000. He also happens to be neighbors that share a joint court room entryway and chambers with a judge he’s suppose to be “investigating”. No wonder the “investigation” has been three years and counting!

What happens when these judges are found, and it will happen, to have committed corruption, corrupt misconduct, gross miscarriages of justice, bias, prejudice, and perjury while serving yet they continued to serve while these crimes were being “investigated” making rulings that they legally and morally where unfit to have made? What happens to all the rulings that they made while under this cloud of veiled crime? What happens to all the parties unjustly tried and cases unjustly settled or disposed of? This fact alone will not only ruin the court system but ruin the eroded confidence of the public in the exposed truly unjust, dishonored judicial system we live today in the City of Oakland, Alameda County and the State of California.

My simple demand and concern for fighting obvious corruption problems creates a complex political and legal gridlock of civil conspiracy thru stonewalling and ignoring the concern on behalf of the very same officials that supposed stand for justice. You “stand for justice, just when it’s not us!”.

The Judicial bodies have refuse to do their constitutional duty to protect and defend the public from injustice and corruption, you do not have a choice, you must investigate and prosecute. Everyone can say I don’t like it, I’m personally against it, but you are legally bound to investigate and prosecute it! You are not endowed with the ability nor power to decide whether it’s politically or legally damaging to one of your friends or colleagues, and then ignore the constitutional obligations and ignore the complaint, it is an issue that must be resolved by the processes of which this is one.

You and all the responsible parties can no longer allow Russo the comfort of living in his own self-created, self-styled, bizarre world in which he can wallow in the same self-guilt and pity of his colleagues that they would want having also committed excesses and now feel aggrieved and victimized, and want to portray themselves, all of themselves, as co-victims in sympathy with their politically lame, corruption barred friend. Russo, whom recently held a press conference promoting Legalizing marijuana, published another Op-Ed in a national newspaper supporting marijuana usage, should put that pipe down, or pass it! Russo has exhibited some rather strange behavior with his recent citing for driving around the city with children in the car WITHOUT their seat belts buckled, and what kind of a guy gives an interviews in the “little girls room” to another guy with a camera? This is simply ridiculous! You all can not continue to blame the victim, al-Hakim, for exposing this injustice of civil conspiracy, corruption, extrinsic fraud, etc., while you express your dislike for him personally without ever having met him or known him! Your actions can not be grounded in any personal emotion or motivation and refuse to move the complaint forward due to any other factors besides justice, due process, civil and human rights, and the proper course of the laws and statutes we are all bound by. These rights can not be abridged nor will the statute of limitations be exceeded because of delays as Judges Tigar, Roesch, and others, with Russo whispers “we don’t like him, just ignore him and he’ll go away”. No, all the truth, facts, evidence, and testimony will still be waiting and you are all out of time.

It is not hard to believe that this checkered path has led all of you into this trouble and what’s most scary is that you all want to act as if you know nothing about this matter, though you all have been exposed to it in one form or another for quite some time. Although we only recently discovered new information that more clearly defines the parties roles and actions, those discoveries continues to happen weekly, and you can not refute the evidentiary connections.

It is very interesting how you all are trying to evade hallowed ground, the Constitution, the most hallowed ground in life, and with it, your responsibilities, domain, and significance in addressing this matter. While the laws and statutes of this City, County, Sate and Nation are so poorly and disparately enforced when its a Black victim whom has caught several White male of self-perceived class and privilege in white collar crime that has lasted 14 years and valued at over $20 million, it is possible that you all decided to REFUSE to acknowledge, recognize, or know about the case precisely because of it’s magnitude, impact, meaning and inevitable consequences on you all.

To continue to thumb your nose at these facts is a complete misinterpretation of the Constitution with a very different meaning from that which we the people have all grown to know and that also implies a crass tone deafness that is blinding in harkening back to slavery, or at best, the Jim Crow era in history.

The aforementioned Jayne Williams 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.

Corrupt Judge Frank Roesch ADMONISHED for Embroilment in Cases!!

Judge Frank Roesch corruption has lead to his unjust enrichment as his ruling 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.”

Law and Motion Judge Frank Roesch has raised the perception of judicial misconduct to a new all time low in official graft and carpet bagging corruption of buying and selling influence and the power of the gavel in the bowels of justice to secure illicit personal gains in politics and business.

Roesch is Chairman of the Board of Directors of Tri-City Economic Development Corporation, a local non-profit recycling company that has recently been awarded large contracts for garbage collections and recycling with the Cities of Hayward and Union City and received over $8.5 million dollars in funding supported through tax-exempt bonds that were approved by the California Pollution Control Financing Authority, chaired by state Treasurer Bill Lockyer, a Hayward resident.

Tri-City Economic Development Corporation, doing business as Tri-CED Community Recycling, a tax-exempt, nonprofit 501(c)(3) corporation with no stockholders list it’s key officials as:
Frank Roesch, Board Chair
Richard Valle, President and CEO
Michael Mahoney, Secretary/Treasurer
33377 Western Avenue, Union City, California 94587

On Tuesday, December 12, 2006 at the City of Union City, City Council/Redevelopment Agency Meeting, at 7:00 P.M. in the Council Chambers at 34009 Alvarado Niles Road, Judge Frank Roesch performed the swearing in of Richard Valle. Councilmember Valle thanked his family and supporters for helping him to win re-election. Roesch also performed the swearing in of Councilmember Manny Fernandez.

On February 6, 2007, the City Council of Union City awarded Tri-City Economic Development Corporation, doing business as Tri-CED Community Recycling, a tax-exempt, nonprofit 501(c)(3) corporation with no stockholders that is allegedly in the business of collecting curbside wastes in the cities of Union City and Hayward, and provides community recycling, education, job training and economic development a $5,595,937 loan through the California Pollution Control Financing Authority Bond Financing Program and assistance from The Small Business Assistance Fund. The company has recently received over $8.5 million dollars in funding.

The City Council Authority received letters in support of the Project from Assemblymembers Mary Hayashi and Alberto O. Torrico and Senator Ellen M. Corbett. Months earlier leading up to the loan, Senator Ellen Corbett held a private closed door session with the Union City Council.

Recently filed December 2006 State of California statements of political fundraising and contributions of politicians reveal contributions to the campaigns of these politicians by “Caca” Roesch and company.

Roesch and TRI-CED used what can clearly be perceived as official and political graft with corrupt influence in securing the contract with the City of Hayward. In June 2006, Michael Sweeney was elected Mayor for the City of Hayward and had been appointed by the City of Hayward to the Board of Directors of the Bay Area Water Supply and Conservation Agency in 2006. Mayor Sweeney was first elected to Hayward’s City Council in 1982, and previously served as Mayor from 1990 to 1994. He became a member of the state legislature representing the 18th Assembly District from 1994 to 1998. From 1999 to 2003, he served as Governor Gray Davis’ Undersecretary for the California Resources Agency. He assisted the Secretary in developing policy and overseeing a $5.2 billion budget and 31 departments, conservancies, boards and commissions. Sweeney worked as a consultant with TRI-CED were he assisted TRI-CED with the development of their e-waste program, community relations, contract negotiations, and obtaining the grant funding. The political connections are like a veritable Who’s Who in local/statewide politics with TRI-CED employing, among many others, the services of John Dutra, former Assemblymember, to give presentations. Something smells besides the garbage in the East Bay but rest assured there will not be a strike in cockroach’s land. If an African-American judge or politician had done this they would be Under jail!

Roesch has been charged in legal proceedings with, among others, exhibiting willful corrupt misconduct, hostility, bias and prejudice, is an unmitigating liar, crook, thief, racist, bigot, has unclean hands, and is incapable of the fair and proper administration of justice and has gone to extreme lengths to establish that fact as he finds truth inconvenient, evidence oppressive, law inapplicable, and justice intolerable!. He simply utters convenient lies that do not pass the applicable test of truth.

The Superior Court is essentially out of time with the delay tactic and I expect an answer to the complaint, not an attempt to avoid it. I know that you may not want to address this issue against your friends and colleagues, but you have no choice, you are the Presiding Court Judge, you have the job with the responsibility.

As I explained to Judge Rolefsen’s clerk Maggie Takeda, how does it sound to the legal community and look to the public when the Alameda County Presiding Court Judge lost a Criminal Corruption complaint (the dog ate it!) and therefore wants avoid investigating and ruling on his findings and requested the complaint be filed with the notorious Council on Judicial Performance without having read the complaint! Judge Rolefsen had before him as you do right now a complaint against the infamous Jon Tigar for the very same thing of ignoring a 750 page challenge for cause and admittedly denying it from the bench without reading it because “I just want to (get out of this case and) make a ruling”. The Appeals Court may not agree with my actions, but I’m going to rule on the Matter! I guess corruption in the county courts is truly “business as usual”! Judge Rolefsen asked that it be filed with the Council on Judicial Performance.

After speaking with Ms. Takeda on an occasion wherein she admitted the complaint was missing, even though I personally served her and observed as she took the complaint, placed it in your chambers and signed the receipt for service of it, I sent her an email that had the link to the complaint so that she could view and/or download the complaint for your use. There was also links to the audio CD that accompanies the complaint. She sent me a responding email and phone call acknowledging the receipt of the email, however she later called to assert that you would not respond to an email regardless of the nature and circumstances of the “lost” complaint. She wanted to know who the complaint was being filed against and again asked that it be filed with the Judicial Council. Judge Rolefsen’s dereliction is not even pitiable! What would happen it I lost a pleading that had been filed in your court and asked you to rule in my favor by default, even before and without considering it on summary judgment?

Given the circumstances, the nature of the allegations confronting these parties, the scandal it continues to cause, the crisis of confidence in the the Alameda County Superior Court Judicial system, the Alameda County District Attorney and Oakland city government, everyone knows how this particular issue might affect you. But the continued delay tactic, it’s related actions and conduct only places you in harms way as an accomplice in this civil conspiracy!

To not address the complaint, is not something that the Presiding Court Judge has a choice in. The complaint has been filed, you can not even consider NOT pursuing it! To NOT pursue the complaint is to engage in Civil Conspiracy, aid and abide the crimes committed and further the cover up of the crimes! You expose yourself to further investigation and civil liability!

You, as a guardian of the public trust, can not allow, nor can you afford, to attempt to hypocritically sit by silently while these parties remain at work continuing their crime spree! It’s time for them to face the music publicly, or face the music with them.

I am now in pursuit of the justice that has been delayed far too long, anxious and willing to prosecute and sue EVERYONE that partners with these parties to avoid investigation, prosecution and litigation. You chose which side of the answer you want to be on- the corruption side your bread is buttered on, or the prevailing truth with uncontested, uncontroverted, undeniable, irrefutable, proven evidence of documents, witnesses and testimony!

I met with City Administrator Dan Lindhiem on Monday, September 20, 2010 and he felt the matter should be submitted for further investigation the Corruption complaint.
I am still awaiting the Courts answer to the Complaints and I will give you two weeks from today to to provide a written response or status report with a time sensitive direction clearly stating your position, intention and plan of action to address these matters or I will know that you have chosen to be their criminal guardian. I am fine with whatever position you take, it’s nothing personal, but I implore you to respond to this matter as soon as possible. The evidence is clear, there is no need for more than a few hours of review. I have litigation that was to be filed in November 2010 the day of my being forcibly removed from the court house and threatened by District Attorney Nancy O’Malley’s henchman Bob Connor. The D. A.’s office has compromised these suits and this issue also must be rectified ASAP.

As you are aware, this matter has been and will continue to be submitted to the United States Attorney General, Department of Justice, among others, for further investigation and prosecution.

Thank you and I welcome and look forward to your immediate response with the furthering of the litigation and resolution of this ongoing case.

Abdul-Jalil al-Hakim

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