Alisa Spitzberg's special place in cyberspace

A hodgepodge of a blog-- with more hodge than podge

fernsy

fernsy
Location
had to flee Los Angeles, s.o.s, Disgruntled state of Dystopia as the kids say
Birthday
May 24
Title
miss fernsy if you're nasty. fernsy mae- if you behave
Company
Henyaempire
Bio
Loooooooooooong story. If compelled to contact, my email is alisaspitzberg@gmail.com.

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JANUARY 16, 2013 5:50PM

Stop Judge Samantha Jessner, Save Melissa Balin

Rate: 13 Flag

I’ve been advised by friends and family to not focus on social media, at all.  I’m averse to facebook and twitter so it’s only been a mess of a blogger blog and open salon . Now, there is our salon too. The collapse of Open Salon and the birth of Our  Salon has left me …. Silent, social media wise. I can’t afford to be after what I learned, yesterday.

“Just write the book”, they say. “No one cares, and no one will care, until they understand that it can affect them too,” I sense that they are right . It is frustrating. It is disheartening. It’s depressing.  But, it is understandable. It is one of those, “ If it doesn’t happen to you , you just can’t understand it situation.”  Being maliciously prosecuted and denied justice, is not novel, but it is esoteric. Aaron Swarz would understand, but he is dead, and there are no support groups that I know of.

So, I sit, or lounge, every day, and try to present the outrages, that occurred in my case, in a way that might  spur this elusive justice business. I have no doubt that “moving on” when one sees such systemic abuse and general evil is a coward’s move.

 Some days, it seems that what I am up against requires divine intervention. The last five years have left me in position after position where it seemed only an omnipotent force of good,  could be of assistance.  In the past, what I have witnessed, and how I escaped, seem to bear testament to divine intervention. But, those instances are too astounding to express in this particular post.  Yesterday, felt like it was one of those days. Maybe not a show of divinity as intense as I’ve experienced -- but something ethereal seemed to be in the air.

 I was writing a particularly painful chapter . I felt as if I just couldn’t do it. How could the layman make sense of the legal stuff and would anyone suspend so much disbelief?  I needed help, but I would settle for commiseration. You see, I’d never yet heard a story that mirrored the part where the prosecution and corrupt cops would go as far as to use the mental health courts as a weapon against defendants who demanded rights, and would not plea when innocent.  Aside of my own story, I’d never heard of a story where judges were alleged to be complicit or were caugth being complicit in playing Nurse Rachet in a one flew over the cuckoos nest type tale. There was some Angelina Jolie movie, and there was Frances Farmer. But, those were the bad old days, and those stories were very different.

Yesterday, that feeling got so strong : Uncomfortable in a way that I’ve grown used to, but that I hadn’t experienced till five some years ago.   I focused on what lay beyond the ceiling, and begged for help from that force that seems to have saved me so many times. More particularly: I prayed for some guidance—the quickest and best way to attain peace. And then I prayed for understanding, as to why I feel so rushed, and so out of time. Almost always I hear this annoying mantra, “Time is of the essence. Time is of the essence! You dont' have time,” but realistically, no timeline exists. I am free, all charges were dismissed or acquitted,  and am not old enough to consider that my death is imminent .

 Aside of that same old awful rushed and rudderless sense, yesterday seemed vaguely fortuitous .  Lance Armstrong’s fall after so many years, after he won all those court battles, and he beat down innocent people—ruining so many names. Year after year of strongarming the truth into submission. Armstrong is my Tig Notaro et al. Armstrong’s unveiling struck me as a great day for delayed justice. Just sustain and survive and stay honest, and  you will be rewarded with the right result.

Then, for absolutely no genuinely understandable reason, I decided to google, “ Judge Samantha Jessner.”

 I mean, I google some of the tortfeasor monsters, every once in a while, and learn strange things. Judge Kerlin, Jessner, and Stratton have all been moved to what I can guess are lesser courts. Some in the knows have told me that their new placements look like demotions. When Judges commit crimes you can count on not much more. That’s a dark little factoid.   Martin Boags ( The city attorney who I believe came up with the competency scheme) seems to be suffering adversity according to Google. It’s tacky to talk about but he is not doing well.  But, since he clearly is a sociopath , what does suffering adversity mean?  And, of course, Tig Notaro, allegedly was bombarded by bad luck until the elite media gave her a helping hand. So it’s not that weird that I’d willy nilly just  google “Judge Samantha Jessner,” but it is really weird that I wouldn’t stop at page 2, when I always had in the past. I’d see the regular stuff there and my ranting and ravings about her.  It does feel weird that I kept going to page 5.

I’d heard mutterings from assorted lawyers, that I wasn’t the first, and I wouldn’t be the last, to have the mental health courts brought in to punish those who wouldn’t plea. But until yesterday, I’d heard nothing concrete. I didn’t want to think that this was regular practice because that makes the country of my residence no better than Iran or Stalin’s Russia. Though it was lonely to not have met anyone who experienced this, it was better to hope this was some rare aberration caused by some mysterious confluence of circumstances.

Awhile back ,I’d learned that Judge Maria Stratton was moved from the mental health court(where she was the supervisor and head) to the civil courts downtown, and then to Van Nuys. Judge Karla Kerlin was moved from Downtown to East L.A . Judge Samantha Jessner, however was moved from being a trial judge downtown to replace Maria Stratton as the top dog, in charge of ruling on competency matters.

I am particularly haunted by this judge Jessner. The way she behaved in my case indicated a complete absence of fear, when it came to accountability. The jaded public defenders expressed that even by rampant injustice standards, she was far out. 

A few months ago, when  I learned that Jessner had been moved to the mental health courts, I got a sick feeling.  It was clear from my case that Judge Samantha Jessner was not unbiased or fair or judicious. She was sinister and gleefully callous and unjust.  It was also very clear that she had no idea about the laws surrounding “Competency to stand trial.”The transcript of the (instant and unnoticed) hearing with her bears that out.

 I was told by a Micheal Hoagie, the  public defenders supervisor, that he and others had complained about her actions, in my case, to the supervising judge of the Clara Foltz courthouse, Patricia Snegg.  I had to hope that perhaps this was some ironic sort of punishment, “ Hey Jessner, you want to break the laws, have open ex partes with prosecutors while tons of public defender are watching,  and declare doubts to competency, with no godly reason to do so -- let’s strip you of your criminal trial judge status in fancy downtown,  and put you there in that godforsaken place.”

 Still, I told my sister, “ I have a gut feeling that she was put there so that anyone who blogs about or otherwise offends her cronies is silenced.” We both shuddered -- did what we could to rid such “crazy” thoughts from our minds. But, it has niggled and niggled.  If that was the case, than I had not done my part. I felt guilt and a sense of failure and impotence that, if my gut was right, it would happen again, and fate and destiny, or whatever, had not saw fit to imbue me with the requisite ability to make sure it didn’t. Yesterday, I saw that it has happened again.My damn gut is now too trusty for comfort.

Please read as much as you can of the links attached in her mothers facebook page. There is  no way that Melissa Balin’s story will not be of interest to enough Americans. This is what the Los Angeles Superior court has become in 2013 AD.

http://www.facebook.com/events/386414331449209/permalink/388317797925529/

Please note, Judge Samantha’s involvement.  In my case  she a did not belong in the department where she was to do her dirty work. The sitting judge in Division 40, the misdemeanor court, was Judge Marie Lou Villar De Longoria( The mayor’s sister wouldn’t you know. Villar was considered “very bad” by the public defender in that court, but for some reason she did not make any dramatic decisions in my case . Though there is much evidence that she is rotten to the core.  Recently she presided over a case where the defendant was a dear friend of her brother, Anthony Villargrossa, and it raised eyebrows but not much else.)Jessner's presence on that day is very suspicious. Some evidence shows that she was there to allow them to add four charges that no reasonable judge would permit but when Boags talked to me and saw that the four charge bit would not get me to plea the competency scheme began . Jessner did not know it was coming, by evidence, but she submitted, as expected.

Please click on this, and please then read the documents at the bottom of the page:

http://www.scribd.com/doc/115819238/Melissa-Balin-petitions-Supreme-Court-of-California-for-Immediate-Relief

Note that I too was involved in an over a year long misdemeanor, refused to take any plea, was “too competent” and I wrote a blog. Note that I too filed a Pitchess motion right before the competency ploy took place. A Pichess motion of John Gregozek ,if heard ,would be  fatal to the prosecution. Note too that they also played with my jail papers and bail numbers, and this caused great distress.This is done to break you. Your tax payer money at play. Ms. Balin taught me(through her motions) that this is called, "trial by ordeal," and that it was ruled "cruel and unusual punishment" in the 1600's

This can be found in the scribd document on Rochelle Balin’s facebook, but not so easily, so I’ll post it because it is chilling beyond reason. I had terrible  lawyers. They reeked of agenda and missing principles. I am easily pleased, but man oh man were they a miserable bunch. I've learned since that they can't be good lawyers if they want to keep their jobs in those corrupted courts. One defamed me madly online when my mother wrote a Rip off report about him . That led to another legal farce.That's another insane angle. But, as bad as they were, none betrayed me in such a nightmarish way as this lawyer has done to Melissa Balin.

http://www.scribd.com/doc/120496927/Anthony-Tahan-threatens-client-liberty

It always helps when the press lends some credibility ,and this was clearly written before the competency outrage. Salem? Hmmm. Aside of the witch hunt implications, please ask yourself why the L.A ,or national press, is not covering such stories. I have been told that they don’t like to get involved in the courts, but that is why such outrages keep happening.

http://www.salem-news.com/articles/october102012/melissa-balinbk.php

If you are duly outraged or even disgusted, please sign the petition. Mellissa Balin(somehow who I have never met and never heard of until yesterday. ) needs you. Please facebook like or twitter or share it etc. She, from what I’ve since learned, has done so much to help the disenfranchised . Please google her to get an idea of the good work she’s done for many . She only needs less than 50 more signatures. If you are anywhere in the L.A area ,please go to this facebook event. This can truly happen to you . They are now forcing her to go to “Competency training,” sessions once a week and it appears that they plan to forcibly medicate her . From what I understand, at  37 , she has never taken any medication for any mental illness. Please, try to do anything to stop this dark age outrage.

Petition link: http://www.change.org/petitions/miscarriage-of-justice

A not too potent post that will give some idea why this story is so compelling to me:

http://open.salon.com/blog/fernsy/2010/07/22/what_a_case_of_the_creeps

Just a link to highlight the banality of evil:

 http://pasadenanow.com/pasadenaschools/polytechnic-school-class-of-2022-goes-to-trial/

An interesting memo in light of the Melissa Balin case.

TO:                  Department 95 Attorney      

FROM:             Alissa Malzman, DPD II,

Central Misdemeanors

(213) 893-7945

DATE:              October 7, 2009

SUBJECT:         People v. Alisa Spitzberg 8CA10541

______________________________________________________________________________

Ms. Spitzberg is an out-of-custody pro per defendant whom we’ve been appointed to represent for Doubt Proceedings only.  In my opinion, she is competent.

I was not present on 08/12/09 when Judge Jessner declared a doubt in Dept. 40 but from what Ms. Spitzberg and from what public defenders who were present tell me, Judge Jessner did so upon the urging of City Attorney prosecutors at an ex parte bench conference and without articulating reasons for doing so.   Ms. Spitzberg did go to Dept 95 on 09/03/09, but since Judge Jessner forgot to appoint counsel, she was sent back to Dept. 40 on 09/08/09.  In my presence, Ms. Spitzberg appeared on her own behalf and a further pretrial was set for 10/02/09.  On 10/02/09 the parties were sent out to Dept. 51 (Judge Vanderet) for both prosecution and defense motions.

I attended the motions because Ms. Spitzberg informed me that the prosecution had filed a “Motion to Appoint Counsel and Set a 1368 Hearing.”  I watched Ms. Spitzberg argue that the prosecution had no standing in the matter and that no doubt had ever been declared by Judge Jessner.  I think she argued this competently and intelligently.  Pursuant to PC 1368, Judge Vanderet appointed the Public Defender’s office as counsel and admitted that Judge Jessner had neglected to do that.  I argued that under PC 1368, once counsel is appointed for a pro per defendant, the appointed counsel should take reasonable time to decide whether, in their opinion, the defendant is competent.  I put on the record that it was my belief after speaking with Ms. Spitzberg and watching her in court on more than one occasion that she is competent.  Judge Vanderet sent her back to Dept. 95 despite my arguments. 

I have never seen the complaint or arrest reports associated with Ms. Spitzberg’s case.  They were not given to me, so I’m sorry but I cannot attach them.

Thanks!

 

 

A maybe interesting aside: There was no motions set for hearing that day. There was no motion about appointing counsel. It was to be regular pretrial. A Judge Karla Kerlin sent me to the empty court of Judge Vanderet to make sure more public defenders did see what was up. My good old gut made me implore a Robin Ginsburg to get me a witness and she sent Alissa Malzman. Once there Malzman tried to step in but had I nnot implored Ginsburg no lawyer would have been appointed me. I'm not sure why Malzman is misstating so much here. These were unnoticed "show hearings" where Judge Robert Vanderet would say, "This is Maria Stratton's bellyache" as his reasons. To his credit, he looked nauseous. Judge Maria Stratton would not have cared if counsel was appointed or not but by all indications, she was sick that day and I got very lucky.Also there were no arrest reports at this time. I was never arrested until I called a John Gregozek a Keilbasa on a blog. Do not call very corrupt cops out as sausages, people!

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Comments

Type your comment below:
silence , in this case, is worse than deafening.
What an incredible story. It sounds like you were acquitted and the legal issues are receding. Now sit down and write that book. R
If people had any idea how corrupt their judicial system is they wouldn't sleep at night. That’s why they chose to ignore the obvious. Good luck with your book.
Breathe, fernsy, and keep following the niggling feeling, and keep writing. never shut up again. as I read the above I saw it in movie form. you have to write the book so it can be made into a movie. and keep breathing, dear. you are not alone. xo
Gerald: I was acquitted nearly three years ago. I have no criminal record and the fact that they lost as to all seven charges was considered HUGE . But, I am haunted by injustice both personally and on a grander scale. The idea that judge samantha jessner is free to keep doing this to anyone who dares to want to take a case to trial is something that strikes me as beyond outrageous. Alas, it doesn't seem to upset most enough to do anything.
Delia: Breathing is overrated :) Yeah, the niggling feeling is there for a reason. Please, try to read her story and sign that petition. I assure you that competency to stand trial is a very exact thing: You have to be retarded or very shizophrenic to qualify. Also, prosecutors often fight very hard so the the severely retarded or insane client is found competent. to forcibly medicate the feisty is the stuff of dark age nightmares.
Holy shit, Ferns. You're onto something big. Keep going. xoxox
Jaime! I am too proud to be but please like it on facebook or something. I actually signed up for a facebook account just for this but can't figure it out. Thanks for your fine comment. You can't imagine how soothing it was to hear that.
This was well-presented and yet I can feel your passion and anger. I'm happy beyond words that you've been exonerated, and I'm proud that you're fighting the good fight to try to protect others. Right on and good luck.
Jackheart: I answered you in my head but forgot to put in words but thought I did. Yes, you are right. The human mind must protect itself . I had no idea and would not have beleived my story. I was told that the Philadelphia PD has written on the wall, "God save me from an innocent client." The system might work for the guilty but it does not work for the innocent ,and it really doesn't work for the innnocent who doesn't have money or power.
HeyAlysa: Sadly, as good as my judge was, considering, he granted the prosecutions wish to not open up the validity of the restraining order. they cited "judicial economy" but this was very bogus. Had he allowed that(and it was imperative, by law, that he should) then I would have really been exonerated. i.e there was not only no violation of any order, but the order was void ,and couldn't have been violated in the first place. Then, all the witnesses would be able to testify that Tig Notaro and her suborned witnesses had lied and this was a very malicious prosecution. The Public defender told me "this is a very malicous prosecution" but she made no effort to show that to a jury and she allowed so much that she shouldn't have. It was amazing to see her being so conflicted and so willing to just want to get along and make nice. Presentation is a problem for me, since I am very angry and probably will always be, and I have a major problem with punctuation. Plus, I've verbose!Thank you for making me feel as if something of consequence got across.
Signed petition and liked it on FB, not that anybody will read on FB since anything past 2 sentences is considered too much information... (ha). Keep plugging along fernsy, one woman can make a difference.
HeyAsiaJenny: Thank you.Will plug away. Thanks for the FB like. I can only hope that enough people read it or someone in power decides to take action.
Jaime: meant to write that I am too proud to beg but will.
Write that book, my friend! People NEED to know that this can happen to them too. I will sign the petition and like Melissa Balin's page on facebook. Sending you a big hug, strength and love. xox
Hey Erica, I was just thinking about you and there you are. I was thinking about you because I'm googling Ms. Balin and her father has the same occupation as yours. I wouldn't be surprised if your father knows him. Yes, this absolutely can happen to anyone. But, then the world watched Hitler kill millions for years, and did nothing, so ... why am surprised.
Everytime I read one of your post I imagine myself in a tunnel screaming at the top of my lungs. I know the fight is difficult I have plenty of things going on with the system right now myself and will write about them shortly. Don't give up. I once received this Bible verse right when I needed it and it stays with me. Fear not the fire of the oppressors for I shall not let you get burned.
I would love to find this story incredulous and say that there is such a thing as American justice. However, I have experienced and known about too many corrupt judges and lawyers. Sadly, the system is set up to be corrupt: money buys justice; not truth. The truth shall set you free in your heart but not in the eyes of the law.
DearDesnee: I look forward to reading what you write. Just too little is written about that system. I saw it on such an extended level. I know you did too. Screaming in tunnels and shouting from rooftops and wailing in the wind. Thanks for your comment.
LeeDevita: I never remotely guessed how bad it is. I can't speak for other courts, but the Clara Folz Courthouse is diseased beyond belief. Everything-- the prosecutors and the public defenders and the judges. Private lawyers quickly learn that they better toe the line or lose their career. I've heard such horror stories. Fascinating to see and also terrifying. Loved your comment. Thank you.
Hey seer missed your comment: there isn't a way to "move on" once you see this kind of thing in such an intense way. Moving on is a cliche catch all to too many issues. "Issues' is also a cliche catch all expression that covers too much. The water is muddy but it is also very clear cut if law is addressed.
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