Sept. 7, 2000
First off. To avoid any complication I am willing to sign a release of yours
giving you full access to all medical records, test and opinions, all DDU of
New Mexico records and reports and all Social Security medical records and
reports plus any and all financial records including any and all disability
social security benefits every paid me, all Medicare payments every made in
my name, all medical and hospital records and any and all bills and payments
you require to show that I am dead serious in asking you to please
investigate this case because I am fighting a medical malpractice and
conspiracy and fraud case PRO SE against some very powerful attorneys and
doctors. Also if anyone of the doctors in this case still claims that their
diagnosis especial on or around Feb. 1995 of my medical condition as that of
Limb girdle muscular dystrophy is correct that doctor can immediately end
this case simply by provide you and me with the medical evidence and test
results they say they performed on me that especially shows their Feb. 1995
and dates thereafter diagnosis of LGMD and total disability is true and my
15-20 year medical condition was and is indeed that of LMGD. They can not
provide you with any such evidence because it does not exist as defendants
attorney has testify already in court to, and no test were every given by the
two doctors to support their unbelievable misdiagnosis. Again, no blood test,
muscle biopsy test, medical test were given that either doctor can point to
that they say supports their false Feb. 1995 and dates thereafter
misdiagnosis and claims that I am and have been for over 15 years totally
disabled entitled to full social security and Medicare disability benefits.
In fact prior to the Feb. 1995 date and repeatedly after the Feb. 1995 date
many doctor and experts in the field of neuro-muscular dystrophy have
examined me and make blood test, EMG tests, muscle biopsy test and all have
written that I do not now nor have I ever had LGMD with some going so far as
to say that given the medical evidence present today and during the 1995
investigation NO DOCTOR could have mistakenly misdiagnosed my medical
condition as that of LGMD. This was not only a misdiagnosis but once the
misdiagnosis was discovered by me in early 1995 the doctor involved
immediately began a cover up of the truth and conspired with a fellow doctor
to continue the misdiagnosis knowing it was a lie and knowing that when they
were advising social security and DDU in 1995 that I was totally disabled it
was not true. The two doctors in this case had all the medical evidence from
the UNMH-MDA clinic and the written words of the doctors and knew if they
went ahead and intentionally diagnosed a false diagnosis it would be exactly
that. If you investigate this case and open the District Court Records #
CV-98-00271 you will find all medical evidence that I have submitted as
evidence including the one doctors own late 1995 and early 1996 letter
admitting he knew I was not ever totally disabled. I need help before these
doctors and there lawyers get away with fraud, conspiracy and cover up. I
have brought all the information to the judge in this case and he seems to
not be listening instead overly concerned with rules of the court and not law
of the land.
I have a question news media: When did the NMRA District Court and other
Court rule book become law or statute onto themselves with the power to
supersede statute and law and with so much power that they are looked unto by
Judges and lawyers as laws unto themselves even though not one of them have
ever been enacted into law or statute? How can a rule of court supersede
statute and be held above statute with the power to overrule statute?
Summary Judgment is a Rule of the court, created by judges and lawyers to
skirt truth and real justice. When will the citizen of New Mexico see what
attorneys and Judges have done taking over their court system and take that
control back away from the Judges and the lawyers who seem to not have the
citizens rights in mind? Who watches the attorneys and judges? Why is it
that judges seem to be screaming and yelling at ordinary citizens who are
seeking justice? Should we as ordinary citizens be afraid of the courts and
the Judges knowing that a fancy lawyer can make a claims or accusation with
no evidence to back such a claim or accusation and get away with it? In the
case number included in this brief you will find specific examples of where a
powerful lawyer has written their response to a medical law suit, not a
medical malpractice lawsuit, in which the attorney from the very beginning
makes not only bogus claim but out right un-provable and false claims that
have been brought to the judges attention without the judge acting on one
single one. If I went into court and lied throughout my questioning whether
in writing or not I would be put in jail. Why arent the lawyers held to the
same standards. I thought you, as the media, were at the van guard always
alert, always vigilant for the people. Then how did the lawyers take control
of the courts away from the people?
The purpose of this letter is as follows:
THE ATTORNEY REQUIRED TO APPROACH THE MEDICAL MALPRACTICE COMMISSION
PROVISION OF THE MEDICAL MALPRACTICE ACT Which denies individual citizens
their constitutional rights to approach the courts HAS BEEN DECLARED
UNCONSTITITIONAL IN CASE CV-98-00271 BECAUSE THEY DENY PLAINTIFF HIS
CONSTITUTIONAL RIGHTS TO APPEAR BEFORE THE COURTS. PLAINTIFF IS TRYING TO
DECLARE THE DISTRICT COURTS RULE BOOK WHEN IT SUPERSEDES LAW AND STATUTE
UNCONSTITITUIONAL ESPECIALLY WHEN IT IS LOOK TO AS LAW AND STATUTE ONTO
THEMSELVES CREATED BY THE COURTS AND FOR ATTORNEYS AND NOT BY THE PEOPLE AND
FOR THE PEOPLE
Even if you dont look into case CV-98-00271 because of how complicated it
is, and it involves the Muscular Dystrophy Association hospital clinic,
which most media outlets support, Please, be at the next hearing to see how
the courts dont look for truth and justice and have become so influenced by
attorneys.
How can a Albuquerque High School Graduate, not schooled in the law, stand
up Pro Se and fight a medical battle against a well entrenched medical
profession hell bent on defeating anyone who comes up against them, with the
same medical establishment having no interest in the truth about the persons
health nor does it want to do the medical testing to see if one of its own
created a knowingly and intentional false diagnosis? Why would physicians
have a code of silence to protect an individual doctor who is allegedly
hurting the very people the doctors claim they are helping? How can the same
Albuquerque High School graduate go out and find a medical expert who is
willing to testify that a Feb. 1995 diagnosis of plaintiffs medical condition
as that of Limb Girdle Muscular Dystrophy was a negligent misdiagnosis and
that from the medical evidence presented no doctor could have mistakenly
diagnosed a disease as extreme as Limb Girdle Muscular Dystrophy? That even
though the two doctor in the above named cased diagnosed and gave that
diagnosis to the DDU of New Mexico and Social Security, the Plaintiff may not
be totally disable as the two doctors claim? Was there any Medicare fraud as
a direct result of the doctors alleged false diagnosis and did the doctor
collect Medicare payments knowing that the patient did not have Limb Girdle
Muscular Dystrophy and therefor may not have ever been totally disabled even
though the one doctor continued said disabled diagnosis for over 15 years
now? Is there Medicare and social security fraud going on here? How dare that
same High School graduate fight a battle against injustice and indifference
by the Court and is holding his owe against a powerful legal firm and legal
precedent and think he will stand the test of time? HOW CAN THAT BE? Who
does he think he is to be demanding justice and his right to the courts Pro
se? Who does he think he is filing legal brief, notices and motions against
us, the establishment as if he is a lawyer, not concerned with the rules of
edict we attorneys have created for the courts to follow and implement as we
dictate? How can a Pro Se high school Graduate think he can demand justice
and think he can mention the word truth to the courts without severe
consequences against him? This Pro Se individual dares to not follow our,
the lawyers, lead in our endeavor to consume weeks and months on rules of the
court and not laws by daring to constantly mention the facts and truth of the
case? How dare him rock the boat of indifference and delays created by
attorneys so they can collect exorbitant amounts of money doing nothing? How
dare this Pro se individual approach the courts as an American citizen with
inalienable rights and not be afraid of the courts or the judge sitting on
the bench or what we, as attorneys, can get the judge to do to him? For we
are friends of the Courts and some of the judges and our opinions count. We
fraternize with some of the Judges unopposed with no fear that the media will
ever question why we do that? We are higher that military officers who are
not allowed to fraternize with enlisted personal? We are an entity unto
ourselves, above examination by the media or anyone else. For we are the
Lawyers of the court. All normal citizens should be afraid of what we,
attorneys, can and will do to them if they dare challenge our authority
before the courts. All normal citizens should be afraid of what we are doing
to them and their rights behind closed doors unopposed by anyone or agency?
We can paper you to death and you will loose on rules not law. How dare a
Pro se individual go to the media and the public for help against us, the
establishment and status quo, asking for legal and maybe even financial help
thinking that the regular Joe cares one bit that we, the attorneys, have
taken control of the courts and will not let it go back to the people without
a fight! We are accountable to no one and well milk you dry of all you have
before we throw you out like the garbage we think you are. The courts will
do as we dictate because we have written the book of rules the courts have
made laws unto themselves that supersede constitutionally created laws and
statutes.
I hope you the media will not throw this in the garbage and do nothing for
the people, but I must at least try. For if you just bother to read the
information in especially District Court case #CV-98-00271 you will see what
the above is about and how the lawyers have intentionally created a situation
that benefits them and only them. I NEED HELP.. Who will help if you wont?
One good thing about the computer revolution and especially the chat rooms
and news and newsgroups organization on the Internet, even if the media
chooses not to act, we still can get this out to the public.
I really dont understand, you are the media claiming that you are helping to
look out for the welfare of the community but have you ever bothered to
quietly and undercover sit in the District Court rooms of Bernalillo and see
the unbelievable attitude that some of the Judges on the bench have towards
the citizens of our state and how they are screaming and yelling possibly
threatening regular people who only want justice. Do you periodically go
undercover and sit in the various Court room to see for yourselves the
attitudes of the judges on the bench and how they treat the people. Who
monitors the Judges on the bench and their attitudes and the decisions that
these judges are making? Do you even know or care what the Judges are doing
and saying? Have Judges become so bitter with the people for what attorneys
have done and continue to do unopposed that their attitudes, feelings and
ruling are being adversely affected against the people? Why havent the
Judges been able to see through the theoretic and delay tactics Attorneys
have created? IS IT BECAUSE JUDGES ARE ATTORNEYS THEMSELVES? Trained in the
theoretics of the show and not concerned with the law of the land. Does
justice grind slowly down the road to completion as Attorneys have claimed or
do attorneys intentionally create delays that the judges blame on the people?
Why cant the people take back control of the court room? Are Judges
fraternizing with attorneys, actually have coffee brakes with them, golfing
with them? Why would an attorney claim to be friends with a judge and claim
that she is going to have coffee with that judge? What is being discussed
behind closed doors at these claimed coffees and are lives being ruin
because of such fraternizing? fraternization between a judge and a lawyer is
a very dangerous thing especially when that lawyer makes insinuated comments
that shes friends with the judge and shes off to have coffee with the
judge-what are these statements for? More importantly: are the Judges ruling
being in anyway influenced by any claimed friendships between a attorney and
a Judge? When a Judge is sitting on a bench judging a case at hand, does that
judge look at the attorneys and say blank is my friend and therefore he/she
rulings are being adversely affected by such a friendship? Is the court
system for the people, by the people and of the people or is it really as it
looks, for the lawyer, by the lawyer and of the lawyer? Look into this case
and see how can a lawyer do nothing for almost 2 years.
? Do you really think a court case can take 2 or more years because justice
moves slowly? Or is it intentional on the parts of attorneys to
intentionally delay and file one document at a time? Who fights for the
people and how do you put a stop to these and other intentional delaying
practices created by lawyers that serve no purpose for the client but does
line the attorneys pockets? Once a case has started there is no Court
charges for filing a motion in that pending case, yet lawyers are charging
upwards of $500 to thousands for each and every motion they file, even when
then file motions a piece at a time? To say that their time is that valuable
and more valuable than their clients is bull? 90% of all motions and notices
and documents are created by a lonely secretary who is not a lawyer and is
not paid lawyers fees. When will the courts have an accounting of what
lawyers are doing and the charges they are charging forcing an attorney to be
accountable for the charges? Why doesnt a lawyer have a log book logging
in the exact amount of time he spends on an individual case, stating the
exact dates and time of day to justify their exorbitant charges? Why is a
lawyer allowed to charge that much and milk a client dry? Who watches the
lawyers?
TO WHOM IT MAY CONCERN, I AM NOT AN ATTORNEYS NOR DO I CLAIM TO BE NOR DO I
HAVE THE EDUCATION TO DO AN ATTORNEYS JOB but because of a medical cover up
intentionally created by the doctors in this case as testified to by the
doctors own written letter submitted as evidence in this case and ignored by
the courts and because of a false diagnosis given to social security and the
Disability Determination Unit of the State of New Mexico I have be saddled
with the disease of Limb girdle muscular dystrophy and claimed to be totally
disabled collecting over the past 15-20 years tens of thousands of dollars
based on this one doctor knowingly false diagnosis. Once this information
was given to the courts and social security in writing neither cared about
the truth and social security stated it was not their business for me to go
to court. After the court denied Defense attorneys motion to throw this case
out of court and after the judge declared the Attorney Required Provision of
the Medical Malpractice act unconstitutional, this case was sent to an
arbitration meeting in which the arbitrator attorney stated to plaintiff that
if I was seeking truth and justice I was at the wrong place. Even if the
Court has the doctor written letter stated he knew Plaintiff was not totally
disabled and continued the diagnosis anyway for decades passing that
diagnosis to the DDU and Social Security, if you are looking for justice and
the truth you would not find it in a court of law. It seem to me that court
rules have become over law.
In case CV-98-00271 the Courts and attorneys have not mentioned the word
truth nor has it mentioned the facts in this case nor has it fought over law
and statute in this case for over two years. In fact in the majority of the
Defendants briefs and motions filed in this case, incorrect statements and
allegations are made with immunity from the court. Its as if the attorneys
in any case can simply write what they want even if what they write is not
true, has no baring on the case and has no evidence to support and when
brought to the courts attention, the court simply ignores the evidence. How
can a case be allowed to continue for over two years based on insinuation and
not provable statements from attorneys? All the arguments are centered
around court rules, summary judgment, discovery rules. When will the law
be mentioned or the word truth or the facts.
When will the Courts go back to what they were created for, to judge the
facts in a case, decide the truth from those facts and to dispense justice
based on those facts and not on the court rules book or lawyers theoretical
symphony training that was taught for the expressed purpose to sway the
courts, judges and jury even though it is only a act, trained by tricky
educators who know that symphony thoracic can most assuredly influence a
judge and a jury even though it is only a play or a Act on the attorneys
part. Example: A person is video taped throwing a brick through a window
severely harming a person inside. That person without pressure writes that he
did throw the brick. For two years in court those facts are not look at or
even mentioned and the words looking for the truth has no baring on the case
because lawyers have the judge tied up on rules of the court that have no
legislative backing. With the lawyer for the accused actually trying to get
the case thrown out of court by summary judgment thereby never mention the
truth in the case. More importantly the person can actually get off without
any justice simply based on rules of the court even though their is video
tape that the person actually throw the brick through the window. That tape
and the evidence has no baring in court proceedings for over 2 years, why?
More importantly, the attorneys in the case are collecting exorbitant amounts
of money for delay tactics and doing nothing. The Miranda rights are good
and do what they are intended to do, protect the guilty and innocent from
testifying against themselves. But if that defendant is running around
telling everyone he did it and more importantly the court aint going to do
shit, when does the injured parties right supersede lawyers rules? Who
created the District Courts Rule book and more importantly are they
legislative law? How does rules made up by judges and lawyers for judges and
lawyers become law unto themselves with the actual power to supersede
legally constituted laws and statutes with the ability to overrule
constitutional created laws and statutes?
Even though the New Mexico Supreme Court says that the District Court Rule
book is law and statute, carrying the same weight as law and statutes and in
fact superseding Law and statute constitutional CREATED by the legislature
with the ability to overrule constitutional implemented law and statute, and
in fact is placed above law and statute by the Judges of the Courts with the
power to supersede law and statute, no where can you find one single rule of
the District Court Rule book, including the summary Judgment rule,
legislated into law or statute by the legislative branch of the New Mexican
government. In the above mentioned case the Courts has used the Rule book
of the District Courts as laws unto themselves using them to decide decisions
on various issues from discovery to Summary Judgment without mentioning the
clear evidence in this case and without even knowing what statute apply to
this case and without ruling on the various Motion to Decide which Laws and
statutes apply to this case. How can a Judge decide that a Rule, as Summary
Judgment is, applies, when it has not decided on which statute governs this
case even though it asked for such a Motion to be filed. What I feel has
happened is that Attorneys have influenced and so corrupted the Courts and
the Judges that somehow the Judges actually think that rules made up by
attorneys for attorneys and not for the people have been declared
constitutional law by the Judicial branch of the government and not through
the constitutional elected legislative branch. No where in any legislative
created statute does the courts rule book rules become law.
What I dont understand is why the media, with claims that they were created
to look after the interest of the people, has been silent on this vital
issue. And I dont understand why the media, who has the power to influence
the people into action, has not looked at the unbelievable delaying tactics
attorneys are using in court for the only reason but to collect exorbitant
amount of unjustified moneys for doing nothing but delaying? How does a
regular citizen even know that when the lawyer on the other side of the desk
is saying its going to take month, maybe even years for a final outcome in
their case, its not because justice moves slowly, it simply because the
attorneys are delaying the final outcome and intentionally filing one
document at a time to stretch the case out years because it is in their best
interest financially to do so. Medical experts who are hired to testify are
doing the same thing. They know certain test will be required to support
their hired and paid for testimony that could easily be done in days, they
stretch down the road months by doing one test at a time. Who stops the
lawyers and experts? Who keeps a watchful eye on them making sure they are
not testifying for the money? Simple example: a back x-ray from you back
doctor cost $100 to produce and $200 for him to evaluate. A expert charges
$500 for that x-ray and 1-5000 for his evaluation and then more for is on
bench testimony- why? Because the expert is strictly in it for the money the
lawyers can pay him with and not for truth or justice? Seems to me that the
courts should look at expert testimony with suspicion for what it is, hired
and paid for testimony and not the truth. If an expert is required, and the
law says one is required then why hasnt anyone taken that responsibly out of
the hands of the lawyers and experts and put it into a neutral hand with
doctors and experts who have no financial gain to gain and therefore
testifies on the truth and not on paid slanted truth? Why havent you, the
media, bothered to look at expert testimony for what it really is. A expert
who has prostituted his license and integrity for money and only money? Will
a expert look at a person damaged if that person has no money? How can we
the people stop the courts practices of using attorney hired experts
Example: As the media know, social security disability Attorneys are
intentionally dragging out disability determinations decisions for 12
months to 2 years as standard practicing procedures, which decision could
easily be made in one month, because the lawyers get 33 and 1/3 percent of
all back pay and 331/3% of 1-2 years is quite a lot of money especially when
they do nothing but collect money.
Why has the court developed so many confusing rules and regulations that a
simple man can not approach the courts pro se? Do the judges ask for an
accounting of the amount the attorneys are charging and the delays the
attorney ask for? ARE ATTORNEYS WHAT THEY THINK THEY ARE, INITITIES ONTO
THEMSELVES? If a attorney is doing nothing and taking advantage of a clients
depression, who do you go to, to stop that attorney Second: Are judges
fraternizing with Attorneys and for what purpose? Are attorneys actually
going into Judges offices and sitting down and drinking coffee or tea with
Judges and shooting the shit as this one attorney claims? You know, the
military has a very important rule that Military officers are not allowed to
fraternize with enlisted personal for a very good reason. So the look of
even a partial amount of favoritism will not be displayed. I think this rule
applies here. Surely Judges and Attorneys are not better than officers in the
military. If Judges and attorneys are claiming that nothing is going on
then why the fraternization? If these coffee and tea brakes are simply that,
then why does this attorney go to great length to mention that he/she are
good friends with the particular Judge and that they actually are off to have
coffee with my dear friend? How do we find out if there is such a rule
against such fraternizing and if not who regulates such fraternizing to be
sure nothing improper is being done behind closed doors? Who keeps an eye on
those activities between Judges and attorneys? A regular citizen, who has
been harmed by a doctor and who covers up that harm, should have no fear to
approach a judge for help and no fear that their rights will be trampled on
because the opposing counsel is going to make sure that this case is kept in
the courts so long that it will ruin the damaged party financially? Who is
looking at the cost that attorneys are charging. A domestic case that is
filed cost at the most $200 to file. All Motion have no court charges yet
attorneys charge Upwards of $500 or more for supposedly Motions that have no
court charges and that may be one page long. Who does a regular citizen go
to, to find out if she is being taken advantaged off by a lawyer who know the
client is scared or in manic depression? Please Help?
Now back to my case still pending in court.
If what the doctor wrote in his 1995 and 1996 letters are true, that he knew
for decades that plaintiff was not totally disabled, the implication are mind
boggling. This doctor was and is instrumental in getting plaintiff full
disability social security benefits and continuing full disability benefits
for almost 20 years now even though he writes that he knew for decades that
plaintiff was not totally disabled but did not bother telling anyone,
including plaintiff, DDU, social security, other hospital, doctors.
According to the experts at the UNMH MDA Clinic this would indicate that
plaintiff does not now nor has he ever had LGMD nor was plaintiff ever
totally disabled for almost 20 years now even though the doctor in this case
continually diagnosed it for 15 years with out one single medical test record
to support his diagnosis
The media needs to understand clearly this that the doctor involved will
not or can not produce one single medical or lab test report, one single EMG
test report, one single blood test report, one single muscle biopsy test
report that the two doctors claims they performed on plaintiff in Feb. 1995
and dates thereafter that they claim support their Feb. 1995 and date
thereafter false diagnosis of plaintiff medical condition as LGMD (Limb
Girdle Muscular Dystrophy) and total disability that they not only passed
off as truth to plaintiff, but also to Dr. Hamilton of the DDU, the DDU,
and social security, and if this same doctor will not or can not produce one
single medical or lab test report, one single EMG test report, one single
blood test report, one single muscle biopsy test report that he claims he
did over a 15 or more year period while he was plaintiff doctor that that
kept this patient on total disability social security and Medicare benefits
for over 15 years and this same doctor can not or will not produce one single
medical record that supports his 15 or more year intentional and false
diagnosis of plaintiffs medical condition as LGMD and total disability that
he knowingly and intentionally pass to the DDU, DVR, social security, to
keep his patient on total disability social security benefits and Medicare.
"The implications are mine boggling: For years - This Doctor looked my family
and me, the DDU and Social Security straight in the eyes and knew he was
lying and passing a false diagnosis". Thats Why go public. If I dont the
courts will continue to not worry about the truth and will keep being
consumed with its rules of court that the courts have elevated above law and
order and truth! I need help from you the media to get this out into the
public domain, to get it out of the shadows as it were so that no judge or
lawyer will be able to hid in the dark again.
Do you realize that there is a constitutional battle going on in the District
Court of Bernalillo county, Albuquerque, New Mexico, Dis. CT. No.
__CV-98-00271___, W. Daniel Schneider, presiding justice, Over the attorney
"Required" provision of the Medical Malpractice Act and the RULES of the
court especially what the court calls summary judgment, that is slowly but
surely headed for the U.S. Supreme Court. Do you realize that an ordinary
Albuquerque High and TVI School Graduate, has not only challenged the
District Court system, he has fought a fine fight "PRO SE" against a
powerful attorney establishment, getting Justice Schneider to declare the
"Attorney Provision of the Act" unconstitutional!
All either physician has to do is provide proof positive to this court,
plaintiff and the media that shows that either one of these physicians
bothered to do the bare minimum of medical and lab test, EMG test, in Feb.
1995 and dates thereafter that they say supports their diagnosis of LGMD
and total disability that plaintiff can present to social security, the
DDU and the court and say see, I do have LGMD and am totally disabled
and am legally entitled to total disability benefits from social security
for the rest of my life and you cant take it away or demand pay back. ITS
THAT SIMPLE. Give me proof that Dr. Gregg ever bothered to periodically
re-evaluate my medical condition despite several DDU, social security
re-determinations that he was the only doctor. That support the years of
pain and suffering, hospital stays, medicines, brain seizures, congestive
heart failures, lost of home, wife, potential. Please asked the doctors
I asks this news organization to please at least go to the court house and
look up and read these cases records and especially all the evidence placed
before the judge and please present this case publicly to the people so that
the attorneys can not bury it under a pretense of innocence and court rule.
I am fighting an uphill battle that has grown very difficult to fight. I
ask the ordinary people out there who are seeking equal justice under the law
to Help. Medical experts and documents cost thousands. I am at my roads
end. Without your financial support the doctors will win by default and no
money.
Sincerely your,
Frank T. McMurtrey
10423 Valtierra Pl S.w.
Albuquerque, NM 87121
(505)836-2547
