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I'm Back!

 
 
"THE GREAT WRIT" AND THE STORY OF DR. RICHARD FINE
by Alberta Rose Jones, May 18, 2011 (copyright protected) 
 
I took time off to take care of my son fulltime.  I am now in the courts fulltime.  I have eight cases to date.  My biggest challenge has been the issue of "habeas corpus" and extradition.  I love the "law".  It is a shame how it is being "abused."
The ones abusing it are the ones who should be "safe" keeping the true meaning of the word "law".   In America we pride ourselves as being a nation of "laws".  
I never thought I would say that we are a nation of "abusers" of the law.  
Who are the biggest "abusers"? Our judges, clerks, district attorneys and public defenders as well as private attorneys.  
It is a "game" for them.  A year ago someone told me about a man named "Dr. Richard Fine."  Who is Dr. Fine?  Well first off he is former United States Attorney as a prosecutor.  He was locked up for "18" months in the Los Angeles County Jail.  
I am not saying what he did is right or wrong.  His efforts to free himself and what he entailed in securing his freedom is what bothers me.  I am reviewing his legal documents as a history lesson on the "Great Writ" also known in simple terms "Writ of Habeas Corpus."  
He was 70 years old when he was confined for "contempt" of court.  I am trying to determine who is telling the truth the judges who wrote orders, answers, etc. in his case, or Mr. Fine and his numerous supporters.  Who is telling the truth?
Why would a United States District Court Magistrate Judge strike a "habeas corpus".  It's unheard of as far as I am concerned.  Then the whole thing with 'striking' documents filed in court.  That bothers me.  
Mr. Fine who was confined in solitary confinement, was unable to leave the jail or to have visitors; so who best to help him but a "friend" as they say.  A writ of habeas corpus by a next of friend.
Why would a United States Judge strike a habeas corpus? Because it was not filed by Mr. Fine himself or an attorney?  The document was signed as "next of friend."  The man was in custody for "contempt" a simple 5 day stay in jail would suffice not 18 months.  I will be posting i.e. cutting and pasting documents from the case to prove my concerns. .. more later...I have several legal cases I am working on completing.  I will be writing when I feel a need to take a break.  This is a very interesting legal case and took place in California.   In my simple review of the documents, statements made by judges in the case greatly concern me. It shows a total lack of concern for the well-being of this man.  
Below are parts of the Habeas Corpus of Dr. Richard Fine when he filed a habeas corpus in the United States District Court. The decision of the U.S. District Court Magistrate Judge is bothersome in one aspect and one aspect alone... Judge Carla M. Woehrle repeatedly stated that the "maximum" confinement for  contempt in court is "five" days.  Dr. Fine was placed in confinement on March 4, 2009.  Judge Woehrle signed her order on June 12, 2009.  Her order was signed refusing to release Dr. Fine and he was in custody in excess of "5" days.  On June 12, 2009, Dr. Richard Fine had been in custody "100" days.  As one reporter stated:

Fine's conduct may have been bizarre, but no more so than that of 

 

judges who would indefinitely imprison a 70-year-old attorney

 

simply because, it would appear, they considered him to be a pest. 

Dan Walters, a columnist for Sacramento Bee 
 

 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
RICHARD I. FINE, ) No. CV 09-1914-JFW(CW)
(Petitioner, )
REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
v.

(SHERIFF LEROY D. BACA, et al.,)

Respondents. 
 
 
I.  PRESENT PROCEEDINGS
The pro se petitioner, Richard I. Fine, is in the custody of the
Sheriff of Los Angeles County, at a Los Angeles County jail facility,
under a judgment and order of contempt and a remand order (imposing
coercive civil contempt under Cal. Code of Civ. Proc. § 1219(a)) both
issued on March 4, 2009, by Hon. David P. Yaffe, Judge of the Superior
Case 2:09-cv-01914-JFW-CW     Document 26      Filed 06/12/2009     Page 1 of 251
 
Judge Yaffe pronounced sentence on March 4, 2009. [See
“Sentencing Transcript,” McCormick Decl. Ex. D.] On charge one, Judge
Yaffe sentenced Petitioner to be confined in the county jail until he
complied with Commissioner Gross’s orders, and ordered him to pay
attorney’s fees to the accusing parties. [Judgment & Order at 13-14.]
On charge four, Judge Yaffe imposed a fine of $1,000, or five days in
county jail consecutive to the custody on charge one. [Id. at 14.]
Only the sentence for civil contempt under California Code of Civil
Procedure section 1219(a) 

VI.  RECOMMENDATION
It is therefore recommended that the court issue an order: (1)
approving and accepting this Report and Recommendation; and (2)
denying the petition and dismissing this action with prejudice.
DATED:  June 12, 2009
 /s/                          
CARLA M. WOEHRLE
United States Magistrate Judge

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