Several folks on social media wanted to know what I am eating that is “keto” compliant. I guess everyone will have a different level of interest in such things, but I’m going to show you all anyway because posting it once here is far easier than doing it directly on several different social media platforms. 😀

When it comes to food I prefer quick and simple over that of extended prep-time and a lot of dirty dishes to wash after a meal. I like it even better when the meal can be prepared in a single pot/crockpot or skillet in a very short amount of time. Enter Eddie’s personal invention for single entrée dining that meets each of these personal preferential conditions, BORK!

Bork is a very tasty mixture of beef, pork, and various fresh and/or frozen vegetables, spices and seasonings in an easy to cook single skillet meal. The minimal amount of your time initially spent in making up several pounds and freezing it is paid back with interest at every meal you make from it thereafter.

The wonderful thing about the “keto” way of eating is that you get to keep your nutritional ratios as close to 80% fat, 15% protein, and 5% carbohydrates as you can. This makes red meat and pork the largest percentage of your daily food consumption, which, as an avid meat-eater, makes it very much to my liking. However, like I said, I prefer that my actual meal-prep be both simple and uses as few dishes as possible.

When I am preparing Bork I tend to buy 2-4 of the large 10+ lbs. rolls of 73%/27% ground beef and several two-ish-pound packs of ground pork in a ratio of approximately 5 lbs. of beef to 2 lbs. of pork. I like it even better when I can find a butcher shop that can ground it up fresh AND mix in the pork at the same time at a reasonable price for everything.

I then mix the two together into one large mixture. I also tend to add my preferences of spices, seasonings, chia and ground flax seeds for additional omega 3s and fiber, a small portion of avocado oil, LOTS of fresh mushrooms, sweet white onions, bell peppers, shredded carrots, and an additional 5 lbs. of frozen stir fry vegetables that I grind up in my food processor. The fresh and frozen stir fry vegetables has a ratio of approximately 3-5 lbs. of veggies to every 15-20 lbs. of meat total. I usually process approximately 40-70 lbs. total at one time. Remember that most vegetables are comprised almost entirely of carbs rather than fat and protein, so we don’t want the vegetable ratio very high in relation to the meat mixture as a whole. They are there only for the added attractive colors, nutritional value, and flavor that they contain and provide.

The entire process only takes me about 3-6 hours to complete if I keep steadily at it, which also depends upon how much I am making at once, as bagging it up and removing the air bubbles takes longer than any other part of the process. You can use any herbs and spices you wish in whatever quantities suit your personal flavor preference. Just avoid those that contain excess sugar or starch. The brown ‘sauce’ you see in the pictures is a mixture of A-1 steak sauce, Worcestershire Sauce, Avocado oil, and a small amount of BBQ sauce. You can use whatever sugar-free/minimal sauce you like or no sauce at all.

Once I have it all prepped and stacked on the table, I knead the entire mixture by hand like a huge ball of bread dough until everything is thoroughly mixed. Yes, other than the fresh vegetables, the meat and frozen veggie ingredients are very COLD, so you must do everything as quickly as possible to prevent feeling like you’re getting frostbite in your hands and fingers and avoid potential meat spoilage if it sits out for too many hours. Luckily you can easily work for 4-6 hours in a moderately cool kitchen without any problems as long as the meat is good and cold when you start the process. I usually let the meat sit in my fridge for a couple of days beforehand to make sure that it is cold through-and-through. I also highly recommend that you coat your hands and wrists or plastic food service gloves with avocado oil before you start kneading the meat and other ingredients together. The oil prevents the meat and spices from sticking and gumming up your hands, which makes washing them much easier afterward. This also means that you want to wash them REALLY WELL before starting if you are not using gloves.

I have included a series of pictures that show the entire process at individual stages of preparation and final freezer storage. I will eventually purchase a large meat-mixer like butcher’s use to make seasoned sausage to simplify and make the process easier and faster instead of having to mix everything by hand like I have to do right now.

Once I have everything mixed, I weigh it out using my digital food scale into exactly 1 lb. balls and place them individually into quart Ziplock freezer bags. I line up the unsealed bags in an upright position in several rows and columns on one side of my work area until it has all been bagged. When the meat mixture has all been bagged up, I wash my hands thoroughly to remove the avocado oil and meat remains so they are clean for the flattening and air removal process.

I usually prep several rows of empty freezer bags by rolling the top edge down over the bottom half so the bag will stand on its own and I won’t get any meat in the Ziplock tracks while putting it into the bag, which would spoil its ability to fully and properly seal. This also helps keep the outside of the bags from being contaminated and slippery by touching the meat. Every 10-20 bags I stop long enough to carry the filled bags to a refrigerator to begin cooling down again, where they remain until I have finished filling them with meat and they are all ready to be flattened and sealed. I then remove them from the refrigerator 20 bags at a time and stack that lot directly in the freezer after flattening and removing the air bubbles from all of them.

PRO TIP: If your freezer has spaced wire racks you should seriously consider using a piece of flat cardboard cut to size so you can line the entire shelf with it before stacking the meat packets so as to prevent the bottom bags from being squished around and freezing to the wire rack due to the weight of the entire stack.

I begin the air removal process by zipping the bag I’m working on until only a small corner remains unsealed. I then press the individual bags out as flat as possible, making sure that I remove all the empty space and air bubbles I possibly can by flattening and pushing them toward the open corner and then flipping it over as necessary to complete the process on both sides. ANOTHER PRO TIP: Be careful to avoid squeezing any meat out through the bag opening as this will result in the clogging of the Ziplock track in that corner and your bag won’t properly seal. Removing as much air as possible allows you to store the meat for much longer periods of time without loss by preventing freezer burn. Because it is now flat, I can easily stack a large number of these flattened bags in my freezer. This also keeps wasted freezer space to an absolute minimum.

I usually cook up three of the 1 lb. packs at a time and keep it in the fridge inside a sealed Tupperware storage bowl so I can heat up small portions for meals throughout the week. All you have to do to cook it is simply peel the plastic bag off the meat and place it in a lightly-oiled heated skillet for browning, which takes 5-10 minutes depending upon the temperature settings you use. The mixed in avocado oil prevents the bag from freezing and sticking directly to the meat. This method is far easier than letting the meat thaw before cooking it as it gets REALLY messy inside the bag once it thaws, making it much harder to get out of the bag cleanly. However, if you want to make hamburger patties with it you can either cut it into ‘Wendy’s’ square-shaped patties as it cooks or you will have to let it thaw and then form it into patties by hand before cooking. either way, it makes a REALLY juicy and delicious burger!! Just be sure that you are using a keto-friendly bread substitute.

It takes only a few extra minutes to make the full 3 lbs. that I usually cook at one time. After the meat has thoroughly browned you can continue cooking it uncovered for a while longer to steam off as much excess water as you can if you so choose, just don’t burn the meat! However, the excess water and oil won’t hurt anything, it just makes your tacos really runny and messier to eat if you leave too much in after cooking. You can also thicken the excess oil and water so it remains mixed with the meat by adding in almond or coconut flour during cooking. Use whatever quantity allows it to absorb the majority of the oil and water. For me, using coconut flour alters the overall flavor very little, though some folks still notice it. Be aware that this will extend your cooking time as this takes several extra minutes to accomplish. But it is still very delicious in the results. An important side-note here is that you should NOT drain the excess oil off the meat after cooking. DON’T WASTE IT BY THROWING IT AWAY!! Remember, the majority of that oil is very nutritious and relatively expensive avocado oil. It is added to the mixture not only for nutritional value and flavor, it also helps the meat remain moist instead of dried and crunchy like it would be once you cook out much of the excess water it contains. Use this excess oil by making an almond flour gravy or pouring it over a salad in place of dressing (or even with your dressing), as it is very flavorful at this point. Your taste mileage may vary, however. The other benefit of this mixture is that once you cook it you can’t really even tell that it has vegetables mixed in, making it easy to feed children and adults who normally won’t willingly eat their veggies. 😀 😀 😀

This 3 lbs. of browned Bork will usually last me for about an entire seven-day week (sometimes more). I usually eat just one or two meals a day, which is usually in the form of soft tacos. I spoon out about a 1-1.1/4 cup portion of the meat mixture into a smaller bowl to reheat and eat on the tacos. I use even less when cooking it to eat on top of nachos or in queso, or when eating it mixed with or alongside eggs for breakfast or dinner.

Besides Bork soft tacos, I also eat either venison and pork kielbasa sausage, pork chops, chicken, or various kinds of steak a couple of times a week for a change of pace and flavor, but Bork has become my main mealtime go-to.

When eating, keep your portions reasonable in size and EAT SLOWLY so that your body has time to register how much you’ve actually consumed. It normally takes your stomach twenty minutes to register just how full it is, so the faster you shovel food in the more you will consume before your stomach says stop. This is how people wind up feeling totally stuffed shortly after eating a big meal. The stomach finally caught up with the brain. Because of this time lapse, eating your food more slowly goes a long way toward preventing overeating. Stop eating when your stomach tells you it feels full, even if you think you have not eaten all that much and your mind is telling you that you should still need more in order to actually be full. For me, one meal is usually 4-6 of the 4″ soft corn taco shells you can see the package of in the last picture, filled with 1 – 1.5 tablespoons of the Bork mixture, a small cluster of leafy greens, and a small amount of shredded cheese per soft taco shell.

I also make my own sandwich spread to put into the tacos. The spread is made with a small amount of sweet pickle relish, Miracle Whip, Ranch Dressing, spicy brown mustard, a dash of Cayan pepper, minced garlic, 4 tablespoons of lemon/lime juice, and several other herbs and spices all mixed together. I store this in a gallon jug in my fridge and spread it lightly on the taco shells before putting everything else on them. Then you just roll them up and chow down!

Okay, here are the pictures of the process if you want to try this for yourself. Everyone that has tried this mixture has REALLY liked it and wanted me to make enough to sell them several pounds of it each time I make it. Your opinions and preferences may vary, but that isn’t my problem. 😀 I happen to find it very tasty and nutritious and eat it for just about every meal throughout most of the week.

Enjoy!

So, “the government really is concerned about our health and welfare” says so many of you.

“They really care and are doing the best they can for all of us in the face of this Corona Virus disaster” says the vast population of gullible sheep the world over.

Most of you people think that “MSM” is an acronym for “MainStream Media,” but it’s really not. What it is really an acronym for is “Mislead, Skew & Manage.” Which is precisely what the powers-that-be have been doing with both the information and the public throughout this entire Hoaxdemic. And the vast majority of you swallowed the whole spiel hook, line and sinker. Just an FYI, I’ve got a bridge for sale in Brooklyn, would make a highly profitable toll bridge, so which one of you stupid mask-wearing government-propaganda-deep throating motherfuckers wants to buy it the most?

How many times do you have to be told to not believe everything you read, see or hear? ESPECIALLY when the information source is A KNOWN AND PROVEN LIAR THAT ALWAYS HAS A SELF-SERVING AGENDA!?!? The only headlines these people should EVER appear in are the ones announcing the date, time and location of their public hanging or life-sentencing!!.Let’s look at some VERIFIABLE and FACTUAL information about this whole scenario that would make even FBI Agent Bill Maxwell proud to show his boss, Agent Carlisle, and shame the shit out of James Comey for being either too stupid or too corrupt to ever bring it to light…..

https://onenewsnow.com/perspectives/bryan-fischer/2020/04/27/fauci-knew-about-hcq-in-2005-nobody-needed-to-die

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1232869/.https://spectator.org/the-20-solution-to-coronavirus-anecdotal-evidence-is-a-life-saver/

A Report on Successful Treatment of Coronavirus

You mewling friend-and-neighbor-snitching mask-wearing stay-at-home meatheads are complete and total morons for EVER thinking and believing that these people were or are telling us anything even remotely resembling the truth, much less actually giving a shit about ANY of us that aren’t members of their exclusive elitist club. You feel-good fidiots would have the rest of us sacrifice EVERYTHING just so you can have the illusion of being ‘safe’ while everything that really matters is completely destroyed and burned to ash all around us to the point where NO ONE will ever be safe again. Could a more stupid people exist on this planet and have any chance of surviving the chaos and doom that is now due and owing because of NO ONE BUT THEMSELVES!?!?

Just pull this fucking planet over to the curb already, because I am SOOO done and want to get off. Where the fuck is Mork when you really need him….

How is it reasonably possible for any law enforcement officer or other law enforcement personnel to reach articulable facts supporting reasonable suspicion or probable cause in a malum prohibitum offense situation?

An officer cannot be expected, or believed, to be capable of articulating reasonable suspicion or probable cause without actually knowing ALL of the required elements of such an offense, can they? How could they be reasonably said to be capable of doing so without first knowing such essential information relative to a charged offense? I would offer the proposition that it is actually completely impossible for it to be obtained at all in the vast majority of such situations.

For instance; since virtually ALL “traffic” stops are malum prohibitum, just exactly WHICH of the multiple required elements of any of the subject matter related malum prohibitum offenses are legally considered to be THE specific necessary elements that are absolutely ESSENTIAL in providing the officer with the required reasonable suspicion or probable cause? Is the officer required to state these elements as part of their official report on and before levying the charge in the first place so as to prima facially validate  the warrantless seizure, search, and arrest of the individual being accused? Is an officer required to immediately inform the Accused of these specific elements in order to lawfully and legally establish the officer’s legal authority to act against them in this matter?

Let us say, for instance, that a particular malum prohibitum offense has ten (10) evidentiary elements that MUST be stated in the criminal complaint and charging instrument and then proven in a court of law in order to constitute a valid charge and to get a conviction for the offense. Keep in mind that, in a criminal matter, ALL of the elements of an offense must be properly alleged in the complaint and charging instrument and then proven with admissible facts and evidence at the evidentiary phase of any trial. NONE of the evidentiary elements are allowed to be simply presumed, as this is a violation of the right of due process.

Consider that the presumption of any element of an offense to be automatically true is a presumption of an individual’s guilt upon that element, and violates the individual’s right to be presumed innocent of ALL of the elements of the alleged offense, which would then leave the STATE with the requirement to prove only those elements for which no presumption of guilt currently exists. Therefore, if ANY presumption of guilt for ANY element of an offense were actually constitutional and allowable in our justice system, then it would be a simple step for our law enforcement agencies and judicial system, and their related processes and procedures, to begin to operate entirely upon the presumption that they are ALL true and that the accused is actually guilty without need of a trial, and,therefore, would no longer be required to be presumed innocent of the allegation by default. Right?

Now then, we need to figure out just which specific evidentiary element(s) of those 10, and how many, are to be considered enough to give the officer reasonable suspicion or probable cause to suspect and believe that this particular offense actually had been, was being, or is about to be committed. Does the officer require the ratio of only five (5) out of the full 10, or does s/he need only six (6) or seven (7) of the 10 instead? How about just one (1) of the 10?  Perhaps a percentage would be better, so, is the percentage of required elements 1%, 5%, 10%, 51%, 60%, 75%, or 90%?

Furthermore, not only do we need to establish just how many of the total 10 elements are needed, but just exactly WHICH elements of the 10 does the officer actually have to possess facts and evidence in support of the allegation(s) versus how many and which elements does the officer simply get a free pass to presume to be absolutely true without supporting substantive facts and evidence? Just where and with which elements do we draw the line as to how to fully establish reasonable suspicion or probable cause?

If there is supposed to be an automatic presumption of innocence of every element of an offense in our system of justice, then exactly how and by what pretense is this presumed any less true when it comes to the presumption of innocence of every element of a malum prohibitum offense in the eyes of law enforcement?  Are they actually free to simply accuse any and all of us, the People, of crimes and criminal activity, without any actual accountability, thus endangering our individual health and welfare by making such unsubstantiated presumptions and conclusions?

Let’s just make it easy for them. How about we allow articulable facts and evidence of just one (1) out of the 10 elements of the offense? Let’s say, for the sake of argument, that the only essential required element is that the accused individual was in their car at the time of the alleged offense.  That way, the officer need only allege that the accused individual was “in a vehicle,” and that none of the remaining elements of the 10 is then actually required to provide reasonable suspicion or probable cause to believe that the individual perpetrated the offense. Now no other facts and evidence is necessary to provide the officer with the requisite reasonable suspicion or probable cause to suspect criminal conduct. Now the officer can justifiably kill you because s/he had reasonable suspicion or probable cause to believe that you are a criminal simply because you were “in a vehicle” and that you somehow refused to comply with some arbitrary and rights-violating ‘order’ in an entirely officer-perceived-and-subjective timely and efficient manner. That would make perfect sense and should work out okay for the accused individual more often than not, right?

So, let’s consider these aspects and then ask ourselves this question again; just HOW MANY of the evidentiary elements are actually required and WHICH ONES out of the full 10 in our example are considered the necessary elements versus the unnecessary elements that are legally required to provide the officer with articulable facts supporting the reasonable suspicion or probable cause necessary to exercise any warrantless arrest authority and to use force, all the way up to deadly force, in order to facilitate that arrest?

After all, unless ALL of the required evidentiary elements are there, then, legally speaking, there is no offense, and no lawful charge, prosecution, or conviction, is legally possible or justified. So, just exactly WHICH of the 10 would allow the officer to properly and legally make the allegation, even though the prosecutor could never legally and lawfully PROVE the offense in court?

This is precisely the problem with ANY malum prohibitum offense, the lack of articulable facts and evidence to fully support reasonable suspicion or probable cause that ALL of the required statutory elements of the offense exist. The major difference between malum prohibitum and malum in se offenses being that, in a REAL crime, there is the potential to prove an actual injury to some specific person, their rights, or their property, as the result of intent or negligence. The complaint by some party that they are the victim of an actual provable injury caused by the accused individual, in and of itself, is entirely sufficient to provide the required reasonable suspicion or probable cause to believe that at least some sort of criminal activity has more than likely occurred. However, in a malum prohibitum allegation, there is no complaining party that can provide actual evidence that they sustained any provable injury in order to provide that level of reasonableness.

Therefore, we can reasonably conclude that, where no articulable facts and evidence can prove a complaint of palpable injury to persons or property, virtually all malum prohibitum offenses and sanctions are completely unconstitutional on their face, and are a denial of our individual right of due process and to be free from unreasonable searches and seizures ab initio because they afford the means for easy abuse by law enforcement officers and the STATE while providing no reliable and non-subjective manner in which to reasonably provide articulable facts supporting reasonable suspicion or probable cause so as to fully protect the individual rights of an accused individual.

The role you choose to play in the coming new American Revolution will be important. Don’t choose the wrong one. Stop believing in a system run by people that care nothing about you. Stop believing that they have the answers and can solve our problems, whatever they may be.  They serve only themselves, and they do so at our expense.

It is time to take the red pill and awaken from the nightmare that is the illusion of liberty and freedom that we are constantly promised is right around the corner. The false promise that if only we let them have more power and control, they can get us there, they can make us truly free.

The simple truth is that you need only free your mind of the misconception that you need a leader to tell you what to do and how to live. Whether it be one or or one thousand, who could or would possibly care more for you and your family than you do?

Wake up. Adam and Eve have already eaten from the tree of Knowledge of Good and Evil, and you are capable of knowing it for what it is when you see it. Look around you. Look into the dead and soulless eyes and hear the false words of those that would have you trust them with absolute power and authority over you, your family, and your property. Know too that, in their minds, you are not free, you are not even human. You are nothing more than a natural resource placed here to serve them in their own wants and needs.

The Matrix is real. It is very real. It may not be computer generated, but it just as effective at making you believe that things are supposed to be this way and that those in power are supposed to be and remain in power. Because we must believe and accept that they know what is best for us all.

That is not for me.
I will not let that be or remain my personal reality. I may die trying to change it, and others may say that I wasted my life trying. But whose life is it to decide with if not mine? If not by my choice?

The Matrix is real, the choices are real, the outcome will be real. We simply must choose the one we want and then come together to make it ours, even if we must take it by force from the hands of those that would deny us what is rightfully ours so as to keep it all for themselves.

“Justice?  We don’t need no steenk’ing justice!”

We have all heard about them. A few of us have even had the misfortune to have it happen to us, or to someone that we know.  An encounter with a corrupt court system and the criminals within them that populate our so-called ‘justice’ system.

This post will show you just how at least one of these corrupt courts operates some small part of its criminal enterprise.   What you are about to read is from two of the Motions that were filed in a real case involving a real person, but the personal info and case information has been removed to protect her privacy. The final disposition of the case was a full dismissal, but the reason for the dismissal is what you need to understand, AND to watch out for.

Background:

The young lady in this case was was falsely charged with “road rage resulting in property damage” by a pair of Austin’s finest extortionist thugs, who arrived some time after the incident had occurred, and who apparently had zero experience in traffic accident investigation and even less with common sense. They fabricated their evidence to suit their version of the facts rather than the ones given to them by the victim (the young lady, my client) and an eyewitness. Both of whom tried to inform the two officers of exactly how the teenage illegal alien in the SUV full of teenage girls had first come flying out of parking lot, barely missing their car traveling down the same street, and, then, just a little farther down that street, tried to drive the SUV across the entire front end of the victim’s car by making a right turn from the inside lane at a red lighted intersection and while my client’s car was traveling in the outside lane to the immediate right.

The SUV cut across the front of the victim’s car, causing her hood to go under the SUV, which hit its rear tire right on her left front wheel and fender. The scuff marks on her car fender were ample evidence that, considering the facts of the circumstances involved, this type of impact would result only if the driver of the SUV was making an illegal turn across the front of the car. And the impact was forceful enough that it not only damaged her wheel and fender, it also broke the car’s front axle. The teenage boy then tried to drive away, never stopping. The victim, broken axle and all, refused to let him get away and forced her car forward, chasing the boy until he finally stopped some distance further down the street. At which time the cops were called to the scene.

Now, by the time these two idiots, I mean officers, arrived on the scene, all of the teenage girls in the SUV had left the scene and were hiding out in a nearby mall, waiting for the cops to leave so they could come back.  Which the victim witnessed them doing right after the cops left. None of them were ever questioned about the accident, despite being eye-witnesses. And even though the teenage boy was at fault and temporarily detained, and even though he had no license or proof of financial responsibility (I know, and NOT my primary point here), he was given only a minor traffic citation and then let go.  The young lady, the actual victim, however, was given the third degree. And both she and her witness that had been riding in the car with her were called liars who had concocted their whole story. She was then falsely charged with several alleged offenses, including “road rage.”

Nonetheless, the actual remaining details of the traffic incident is not our primary concern here. It is the outright disregard for the truth, individual rights, due process, and justice, that immediately came to follow in one of the most corrupt municipal court systems I have ever seen.  And, as it turns out, it is a court that systematically commits egregious crimes and rights deprivations against the public as a whole, not just this one young lady. And those that run it and profit from its crimes simply justifies them as a necessity of ‘doing business’. And it is my personal experience that this court is not alone in this sort of corruption and as a purveyor of injustice for the purpose of revenue. But, on with the story.

Always Monitor the Court Record:

One of my primary rules of going to court, and one which I insist that my clients and students actually follow, is to be sure that you regularly and personally check the court record. ‘Regularly’ in this case meaning on an ever escalating scale as the trial date draws closer.  Now, this is assuming that the court in question is not so far away that checking the record in person isn’t really feasible.

However, most courts have an online public access system for looking up docket scheduling information and such, provided that you have ever been given any information at all that such a system even exists, much less how and what is needed to access it. In any case, I would offer this warning, don’t trust the online system to be accurate or timely in any way, and I mean in any way. These things are updated by people, when they are updated at all, and even then it is  often by very lazy, bored, and careless people. Checking the actual file is always preferable to checking the online resource.

When it comes to checking the physical court record, in the beginning, check the court record at least once a week after getting the citation(s) to see what, if anything, has been filed in the case that didn’t come from you. As the time for trial draws nearer, you escalate your record check frequency until, on the last week just before trial, you check the record at least three times, the Monday, Wednesday, and Friday of that week. You also make sure that you check the record on the day before trial, always, no exceptions. So, if your trial was to be held on the Friday in the above example, you would still recheck the record on that Thursday, the day before your trial, even though you had just checked it on that Wednesday. You will see soon why I have this rule and why it is so important to follow it.

The Right to Notice and How It’s Properly Done:

It is during this phase of the prosecutorial process where everything usually begins to fall apart on the due process points. Because, when anyone files something in the adjudicatory court record that relates to forward movement in the case, like a complaint actually being filed or a scheduling for some required appearance or action, you are supposed to be notified of it. This is what is referred to simply as “Notice” in legal circles. And that Notice is required to be done in a manner that covers all the due process bases relating to Notice.  The metaphor of ‘bases’ in this case meaning proper, sufficient, and timely.

Proper means that Notice was provided in accordance with the laws on how it is to be performed in order to be considered valid, which in most states is by either a process server, service by an officer (usually a ‘City Marshall’ or county constable), hand delivery in open court, or United States Postal Service (“Mail, Mailed, Mailing”).

Sufficient means that the Notice contains enough information to inform the person upon whom it has been properly served as to why they are are being served and what is required of them, such as  responding to or appearing in some specific place and time regarding some legal matter. The Notice should always state the basics of the specific matter itself, such as “You are being sued because of an accident in which you were involved with Mr. John Brown … ,” when the thing of which you are being Noticed will happen “… for which an initial hearing has been scheduled for 10:00am on April 1, 2016, … ,” and where the thing of which you are being Noticed will happen “… in the 126th District Court, Court Room 216, 1000 Guadalupe St., Austin, Texas, 78799.” This particular type of Notice is not required to spell out all of the details of the matter itself. But, at some point, there is supposed be another kind of Notice provided that does contain those details, and it usually comes either in the form of a civil complaint, or a criminal complaint and one or more types of charging instruments, such as an Information or Indictment, if it involves an alleged crime.

Timely means that the Notice was provided in a time frame that provided the recipient with enough time in advance to adequately prepare and respond to the Noticed matter and to comply with it by making an appearance and/or filing something as the case may be.

The Plot Thickens:

Now, what happened in this young lady’s case is egregiously criminal in its nature.  No, not any of her actions, but that of the city attorneys and judges in the Austin Municipal Court. And here is what they did.

This happened during the week right before my client’s trial was scheduled to commence on the following Monday. While following my instructions on keeping a close check on the contents of the court record, my client made a discovery that left her so shocked that she immediately called me to let me know. She had already checked the record on the previous Monday (she had taken ill and missed the Wednesday check), and she was now checking the record again on Friday, the last work day prior to her scheduled trial.

In the court file she found two new documents that had just been filed that past Thursday, the day before. The two new documents were a Dismissal Order for each of her case(s) under their original cause numbers, the very cases that she was scheduled to go to trial for on that coming Monday. Following that Dismissal Order in the record was a new set of criminal complaints, and all of them had new cause numbers. And all of them were set to go to trial on that same Monday that her original cases had been set for.

Realizing that something wasn’t right about any of this, she panicked, not knowing what to do since she had no copies of these pleadings with her to refile and no time to go home, print out copies, and then come back to file them. Because, here it was, Friday night, and the court was closing at 8pm, approximately 30 minutes from the time she had called me. I told her to calm down and listen to me. I instructed her to have the clerk print her out one copy of everything that she had filed in the old cause numbers (all of which were pleadings I had written that made her prosecution on these bogus charges legally impossible, hence the need for these underhanded and criminal activities by the city attorney and at least two of the judges within the court).

I told her that, once she had the printed copies in-hand, she needed to line out the old cause number and replace it with the new one that was written on the new complaints. Then, immediately have the clerk refile them in the new cases. Since the Austin Municipal court scans all case filings into their computer system, she was only going to need one copy to refile in each of the new cause numbers, and then she would have the clerk return the new copy for each cause number to her with a proper court file stamp on it. I also told her that, while she was doing that, I would be writing her a new Motion demanding a disqualification of the judge and prosecutor, judicial and professional ethics sanctions against both, and a complete dismissal with prejudice of all charges. As soon as I had them done I would email them to the clerk and my client should get those printed out and filed as well.

At no time had my client ever been Noticed that her original cases had been dismissed or been provided with a copy of that dismissal order. Nor had she had any Notice that the city asshole,…. I mean attorney, had refiled the same charges under new cause numbers. And she definitely had no Notice that would have allowed her to review and challenge the form and substance of the new complaints, as is her right under Texas Code of Criminal Procedure Arts. 45.018(b) and 45.019(f).

Who Actually Committed A Crime Here?

Now, do you fully understand what my client had just proven to have happened here, using only the official record?  Without any Notice whatsoever to my client, the city attorney had quietly dismissed the original charges against her, and then recharged her with the same alleged offense using NEW complaints and NEW cause numbers, and, then, criminally conspired and colluded with at least two judges within the trial court to continue the new cases from the same point at which the original had been dismissed as if they were the SAME original cases!

Why do I claim that at least two judges were involved? Well, for one, because a judge is the only one who could have signed off on the original dismissals, and two, the actual trial judge would have to have seen the very same court file at least a day or so ahead of time, and would have known that my client’s due process rights had just been smeared into the pavement like an armadillo under the tires of a fully loaded logging truck.  And finally, the judge who was present to preside over the trial was not the same judge whose name appeared on the secret dismissal order.

Now, you might be thinking “So what, why does that matter? Why should they start all over if they had already gotten this far in the original case?”  Well, let me try and break those points down for you.

First, all of my client’s original pleadings filed in the cases were attached to the original cause numbers, you know, the ones that were just secretly dismissed?  Which means that, if she loses at trial, and then goes after an appeal, the record will have only the NEW cause numbered items forwarded to the appellate court. Nothing with the dismissed cause numbers would be in that record. Meaning that none of her original pleadings would ever see the light of day in the appeals process in order to be reviewed by the appellate court. Not her challenge to jurisdiction, not her written objections to the lack of evidence, or the prosecutor’s use of inadmissible evidence. Nothing. It would be as if she had just sat back and let everything happen without being involved in putting on a defense for herself at all.

Second, while such a dismissal would not require going back to the beginning investigatory stages of a case, it is still being filed in the court as a new case, replete with new pleadings by the Snake…., I mean State. And my client’s right to Notice and due process, which includes the right to challenge any or all of these new pleadings, as well as any related evidence, must also start from the very beginning. Which would require a reset and restart of the entire judicial proceeding. To do anything else violates an individual’s fundamental right to substantive and procedural due process by denying them the opportunity to do any of these things.

Third, it is illegal. It constitutes several high crimes and misdemeanors by the very people entrusted to adjudicate these cases. People who, apparently, are perfectly fine with criminally conspiring and colluding to commit much higher level crimes in order to profit from those accused of offenses of a much less severe nature. You do understand that, right? Those two new documents are evidentiary proof that the city attorneys and judges of the Austin Municipal court knowingly conspire and collude to unconstitutionally and illegally deprive individuals of their fundamentally protected rights under color of law. And they are perfectly willing to continue doing so in order to ensure a conviction rate that will, overall, garner huge sums of money for their employer, the City of Austin, Texas, and of course, continuing long-term employment and a hefty paycheck for themselves in the process. All of which is, of course, protected by the State of Texas, as it garners its fair share from these illegal activities in the form of 50% of all fines adjudged and collected by the City of Austin.  And this is true of every municipality and justice court in the entire State of Texas.

What this Vampiric System and its Minions Fears the Most… EXPOSURE TO DAYLIGHT!

Okay, enough explanation, let’s get to the meat.

Please remember that I was under a severe time constraint, having less than 30 minutes to formulate and write both of these documents and then get them emailed to my client at the clerk’s window so she could have them printed out, sign them, and then file them in her cases. So they are devoid of my usual refinements and niceties, like ToC’s, ToA’s, footnotes, case opinion references, etc., that are normally required for an appeal-ready pleading. But I was not expecting that an appeal would be necessary in these cases after what we had just discovered and had them dead-to-rights on. And I was right!

These are the individual pleadings that were filed in my client’s case(s) after the discovery of this criminal conspiracy and collusion involving the petty thugs and thieves employed by the City of Austin. Just imagine how these pathetically inept and corrupt souls spend their days posing as honest, hardworking, and knowledgeable prosecutors and judges. These documents are not the originals that were filed in her cases as relating to how we were fighting the charges themselves. They apply only to the criminal acts of the prosecutors and the judges of which I have spoken thus far.  They document just why you should never trust any of these courts, regardless of the level at which they function.

The Main Body of Each of the Two Key Motions:

Defendant’s Motion to Quash Complaint:

1. Comes now Jane Doe, Defendant in error, as one of the People of Texas, without benefit of counsel, hereinafter “the Accused”, and makes this special appearance for the express purpose of challenging the court’s jurisdiction for lack of a proper complaint and charging instrument.

A. Introduction.

Abbreviations used in this document:
Texas Code of Criminal Procedure TxCCrP

2. The Accused maintains that this is a special appearance for the express purpose of challenging the court’s jurisdiction in CAUSE NUMBERS XXXXXX and YYYYYY for lack of jurisdiction, denial of due process, and to quash the facially and factually invalid complaints filed thereunder respectively.

3. The Accused maintains that she is NOT a trained legal professional, lawyer, or attorney,
and being denied assistance of counsel, is forced to proceed as a Pro Se litigant. The court
should and presumably does know that the Accused may NOT be held to the same standards of pleadings and knowledge of the legal process as a legal professional shall be. The Accused is being forced to navigate the legal waters against the Accused’s will and without benefit of legal counsel, using rules and procedures both unfamiliar to the Accused and not of her own making.

B. Facts.

4. The Accused is entitled to timely notice of any proceedings and/or filings in their case as a matter of right, which is a fundamental part of the right of due process. The STATE has knowingly and willingly failed to properly serve the Accused with a copy of the dismissal motion and order of the original cause number and filed with the court on February 22, 2010.

5. The STATE has knowingly and willingly failed to properly and timely serve the Accused with a copy of the dismissal motion and order involving the original complaint and case number, specifically, CAUSE NUMBER XXXXXX, thus depriving the Accused of the right of proper and timely notice.

6. The STATE has knowingly and willingly failed to properly and timely serve the Accused with a copy of the new complaint in the new case, specifically, CAUSE NUMBER YYYYYY. The STATE has failed to do this within the requisite time frame of no later than one day prior to any proceeding in the prosecution under the complaint, and, therefore, is in direct violation of the Accused’s right to due process and to have a copy thereof pursuant TxCCrP Arts. 45.018(b) and 45.019(f).

7. However, the Accused is certain that the contents of the new complaint, as currently filed under CAUSE NUMBER YYYYYY, are just as facially and factually invalid as the original complaint filed under CAUSE NUMBER XXXXXX.

8. The Accused is certain of this because both complaints are presumably based on the same faulty information and false facts, specifically, those contained in both Citation #99999 and the official police report.

9. From all appearances, both of the Affiants who signed the two different complaints are asserting the same incorrect facts, and these false and incorrect facts are the same ones that appear within the aforementioned citation and police report. Both documents contain
numerous disparities in their content, facts, accuracy, and the reality of what happened at the scene of the accident on the night of October 2, 2010. These errors and inconsistencies are so blatantly obvious and inaccurate that the Accused finds it absolutely astounding that the city attorney has not even bothered to question them at any time whatsoever. This simply proves that neither the clerks of the court that are being recruited to sign the criminal complaints as Affiants, or the prosecutors and judges that are doing the actual recruiting, check any of the facts contained in the actual documentation that would allegedly support the facts asserted in the complaint.

10. The Accused can find absolutely no law requiring an accused to aide, abet, assist, or otherwise provide the prosecution with anything whatsoever for the use of perfecting the criminal complaint that is to be used to charge an accused. Therefore, it is the belief and understanding of the Accused that only true and correct facts may be asserted and appear on the face of the complaint, and the truthfulness and accuracy of the facts therein are solely the responsibility of the prosecution.

11. Pursuant TxCCrP Arts. 1.14(b) and 45.019(f), the Accused’s sole responsibility and duty in regard to the truthfulness of all facts and content of both the criminal complaint and the charging instrument is to “object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences,” and that is the limit of the Accused’s said responsibility under the law, to do nothing more than simply object to it.

C. Conclusion.

12. The Accused objects to the false facial and/or factual assertions made in both the original complaint as it was filed under CAUSE NUMBER XXXXXX, and the new criminal complaint as currently filed under CAUSE NUMBER YYYYYY.

13. The Accused asserts that the complaint is factually inaccurate and facially invalid, and therefore, fatally flawed, and the Accused challenges said complaints in their entirety.

D. Lawful Demand.

14. The Accused moves the court to quash the criminal complaint filed under CAUSE NUMBER XXXXXX as being both facially and factually invalid, and therefore, fatally flawed.

15. The Accused moves the court to quash the criminal complaint filed under CAUSE NUMBER YYYYYY as being both facially and factually invalid, and therefore, fatally flawed.

16. The Accused also moves the court to levy civil and criminal sanctions against assistant city attorney, Steven H. Garret, and clerks of the municipal court, Lisa Munden, Erin Cole, and Annakaye Kirby, for prosecutorial misconduct, tampering with governmental records, abuse of official capacity, official oppression, criminal conspiracy, aggravated perjury, and denial of the right of due process.

Defendant’s Motion to Dismiss for Improper Notice:

1. Comes now Jane Doe, Defendant in error, as one of the People of Texas, without benefit of counsel, hereinafter “the Accused”, and makes this special appearance for the express purpose of challenging the court’s jurisdiction for lack of proper notice.

A. Introduction.

Abbreviations used in this document:

Texas Code of Criminal Procedure TxCCrP

2. The Accused maintains that this is a special appearance for the express purpose of challenging the court’s jurisdiction in CAUSE NUMBER YYYYYY for insufficient notice and denial of due process.

3. The Accused maintains that she is NOT a trained legal professional, lawyer, or attorney, and being denied assistance of counsel, is forced to proceed as a Pro Se litigant. The court should and presumably does know that the Accused may NOT be held to the same standards of pleadings and knowledge of the legal process as a legal professional shall be. The Accused is being forced to navigate the legal waters against the Accused’s will and without benefit of legal counsel, using rules and procedures both unfamiliar to the Accused and not of her own making.

B. Facts.

4. The Accused filed several motions, judicial notices, and subpoenas in the original cause number for this case, specifically, CAUSE NUMBER XXXXXX.

5. The Accused is in possession of a copy of a document obtained on February 22, 2011 from the court record associated with this case and which accompanies this motion as ATTACHMENT A, and shall be referred to hereinafter as same.

6. Despite ATTACHMENT A not being titled or styled in any way normally associated with a proper motion, its apparent use was to submit to some magistrate an ex parte State’s Motion to Dismiss the original complaint. The magistrate to whom this motion was presented, and who subsequently granted this alleged motion to dismiss, is unknown to the Accused, and, does not appear to be the magistrate known to be previously assigned to the Accused’s case. The Accused was never served with a copy of this “Motion”, nor was the Accused ever informed by any lawfully required method of notification that the original complaint had been dismissed and the case refilled with a new complaint and cause number.

7. The Accused also has not been served with a copy of any new complaint used to create the new case, specifically, CAUSE NUMBER YYYYYY. The Accused is entitled as a matter of right to be notified of any complaint against her and to have a copy thereof no later than one day prior to any proceeding in the prosecution pursuant TxCCrP Art. 45.018(b).

8. As the Accused understands it, the proper procedure would have been to amend the original complaint, not to dismiss the entire case and then refile it under an entirely new cause number, specifically, CAUSE NUMBER YYYYYY. The Accused feels that this was done not for the sake of amending the complaint, but to invalidate all of the Accused’s previous filings and requested subpoenas under the original cause number, which would also explain the STATE’s failure to properly notice the Accused of the refiling.

9. If dismissal of the complaint and original cause was the proper procedure to follow, then, why was the Accused not properly notified of both the filing of the Motion to Dismiss and the subsequent refiling of the case under an all new cause number, specifically, CAUSE NUMBER YYYYYY?

C. Conclusion.

10. The Accused objects to these proceedings as the court and the STATE are moving forward with the prosecution as if all of the prior pretrial filings and actions under the original cause number, specifically, CAUSE NUMBER XXXXXX, are presumed to still be in full force and effect in the new cause number, specifically, CAUSE NUMBER YYYYYY. The Accused sees this both as a violation of Texas law and the Accused’s unalienable and statutorily protected right of due process by the law of the land.

11. It is the understanding of the Accused that the dismissal of a cause before the court puts an end to that cause, specifically, CAUSE NUMBER XXXXXX. As the Accused understands the law, the dismissal of a case would also void any and all proceedings and filings made in the case under that cause number. Thus, such a dismissal would necessarily divest the court of any jurisdiction and any further actions under that cause number, specifically, CAUSE NUMBER XXXXXX.

12. Therefore, due to this understanding, the Accused believes that the filing of a new cause number, specifically, CAUSE NUMBER YYYYYY, begins an all new case and a new set of pretrial proceedings. If this is true, then, the requirement placed upon the prosecution and the court is that all filings and proceedings are to begin anew, and are to be performed in accordance with the rules of procedure codified in the relevant entirety of the TxCCrP just as if this was in fact, an entirely new case.

13. The Accused asserts that since the original cause number has been dismissed, specifically, CAUSE NUMBER XXXXXX, and a new cause number has been issued in the instant matter, specifically, CAUSE NUMBER YYYYYY, the court lacks jurisdiction to proceed directly to trial on the merits under the new cause number because none of the preliminary proceedings that are required to be performed in a new case have been performed at all. The court and the STATE are acting as if the new cause number may be treated as a continuance of all prior proceedings under the dismissed original cause number. This simply defies the logic of justice, fairness, impartiality, proper and adequate notice, and the right to procedural due process.

14. Pursuant TxCCrP Art. 45.001 the Texas Legislature made it clear that the entirety of Chapter 45 is to be construed for the following purposes:

CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 45. JUSTICE AND MUNICIPAL COURTS
SUBCHAPTER A. GENERAL PROVISIONS

Art. 45.001. OBJECTIVES OF CHAPTER. The purpose of this chapter is to establish procedures for processing cases that come within the criminal jurisdiction of the justice courts and municipal courts. This chapter is intended and shall be construed to achieve the following objectives:

(1) to provide fair notice to a person appearing in a criminal proceeding before a justice or municipal court and a meaningful opportunity for that person to be heard;

(2) to ensure appropriate dignity in court procedure without undue formalism;

(3) to promote adherence to rules with sufficient flexibility to serve the ends of justice; and

(4) to process cases without unnecessary expense or delay.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 6, eff. Sept. 1, 1999.

15. The Accused asserts that TxCCrP Art. 45.001(1) makes “fair notice” a requisite of a criminal proceeding in a justice or municipal court. Affiant asserts that being served with a copy of the complaint either the day immediately prior to the date of a trial on the merits, or, in open court on the same day and commencement of such a trial, is neither fair nor adequate notice of new proceedings in a new case, specifically, CAUSE NUMBER YYYYYY.

16. As the Accused understands the law, there are specific statutory and constitutionally mandated steps and procedures in a criminal prosecution, and none of these have been done under the new cause number and in accordance with Texas law. The Accused asserts that this is a grievous judicial and due process error constituting grounds for prosecutorial and judicial misconduct, and, therefore, grounds for a dismissal with prejudice of the cause currently before the court, specifically, CAUSE NUMBER YYYYYY.

D. Lawful Demand.

17. The Accused moves the court for a dismissal with prejudice of CAUSE NUMBER  YYYYYY for the following reasons:

1) numerous violations of the Accused’s right of due process by the law of
the land;

2) by denying the Accused lawfully proper and timely notice of all filings
and proceedings;

3) by the conducting of ex parte proceedings and communications in a
criminal case;

4) for improper prosecutorial collusion with one or more clerks of the court
to immediately funnel all filings made by the Accused directly to the office of
the prosecuting City Attorney and thus creating the appearance of
impropriety, partiality and bias by a member of the court to the prosecution
and/or acting as a member of the prosecutorial “team”; and

5) for improper prosecutorial collusion with one or more clerks of the court
to deny the Accused proper and timely notice of proceedings and/or
prosecutorial filings as required by law.

18. The Accused also moves the court to levy civil and criminal sanctions against assistant city attorney, Steven H. Garret, and clerks of the municipal court, Lisa Munden, Erin Cole, and Annakaye Kirby for prosecutorial misconduct, tampering with governmental records, abuse of official capacity, official oppression, criminal conspiracy, aggravated perjury, and denial of the right of due process.

BLOG Post Edited (02-28-2011) 03 EC – MTN – Defendant’s Motion to Dismiss For Improper Notice

BLOG Post Edited (02-28-2011) 03 EC – MTN – Defendant’s Motion to Quash Complaint.doc