Friday 8/7/98 7:43 AM Art Morales Let’s hope the government gets these messed settled before they become WORSE. bill Friday 8/7/98 7:30 AM Certified Return receipt requested Proctor Hug Jr Chief Judge, Ninth Circuit 50 West Liberty Street Reno, NV 89501-1948 (702) 784-5631 784-5166 fax Dear judge Hug: Purposes of this letter- criminal complaint affidavit are to 1 file a criminal complaint affidavits against Ninth circuit Senior Case Expeditor Gwen Baptiste for Obstruction of Justice, 2 ask why not have not yet done your job. On 4/1/98 I forwarded to you criminal complaint affidavits for proper processing. In a hand-addressed envelope stamped CONFIDENTIAL with return address CLERK, U.S. COURT OF APPEALS P.O. BOX 547 SAN FRANCISCO, CA 94101-0547 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, 300 postmarked SAN FRANCISCO, CALIF APR 24 98 U.S. POSTAGE $2.62 METER 504753 some returned the complaints to me. On May 5, 1998 I received the ATTACHED letter which states Re: Complaint of Judicial Misconduct We have received your complaint of judicial misconduct or disability. It is being returned to you for failure to comply with the Rules of the Judicial Counsel of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability (Rules). See Rule 3(d). ... xx_A copy of these Rules is enclosed. To understand the purpose of the procedure and who may be complained about, please refer to Rules 1 and 2. ... xx Statement of facts exceed five pages See Rule 2(b). ... xx Other. Please complete the complaint form and return sufficient copies. See attached Rules for guidance. Your complaint can only be against Article Three Judges. Very truly yours, signature Gwen Baptiste Senior Case Expeditor Judge Hug, I am NOT filing a COMPLAINT OF JUDICIAL MISCONDUCT. I am filing CRIMINAL COMPLAINT AFFIDAVITS in accordance with procedures set forth in law. Our forefathers designed the criminal law system with the possibility in mind that a cabal of lawyers might band together in an attempt to prevent prosecution of one or more friends. Therefore, if local federal officials will not do their duty and prosecute for criminal activity IN WRITING , then a citizen has the right to seek and select a magistrate from another district. Most individuals would interpret the letter U.S. Department of Justice United States Attorney District of New Mexico Post Office Box 607 Albuquerque, New Mexico 87103 505/766 3341 505/766 2868 FAX 505/766-8517 May 19, 1997 Mr. William A. Payne 13015 Calle de Sandia, NE Albuquerque, New Mexico 87111 Dear Mr. Payne: My name is Robert J. Gorence. I am the First Assistant U.S. Attorney and the Chief of the Criminal Division for the United States Attorney's Office for the District of New Mexico. I am in receipt of your February 13, 1997 letter to Judge Frank John McGill as well as your September 20, 1996 Request for Examination of Report Filed by a Judicial Officer. In your letter to Judge McGill, you assert on page 2, paragraph 4 that you have filed a "criminal complaint affidavit" with Judge Bunton. On page 4 you accuse Judge Paul Kelly of a felony. On page 8 you assert that you are waiting receipt of an arrest warrant for Judge Kelly. I do not understand the basis of your assertions. However, I will tell you that any attempt by you to privately execute any type of "arrest warrant," against any member of the federal judiciary would constitute a violation of 18 U.S.C. § 1201 - Kidnaping, a felony which carries a potential of life imprisonment. Also, attempts on your part to file private "criminal complaint affidavits" or "arrest warrants" regarding members of the federal judiciary would constitute a violation of 18 U.S.C. § 111 - Impeding a Federal Officer in the Performance of Their Official Duties. I trust you will take my warnings seriously and that you will cease this obstreperous conduct. If you do not, federal criminal charges will be filed against you. Sincerely, [Signature] ROBERT J. GORENCE First Assistant U.S. Attorney RJG/maf http://www.jya.com/whprjg.htm as an indication that justice would not be forthcoming from the New Mexico District Attorney’s Office. Therefore, I sought external relief. First with Judge Fern Smith, District of Northern California on March 11, 1996. Smith along with Albuquerque FBI agent-in-charge Thomas Knier sent FBI agents to our home to attempt to threaten me. Next I sought relief from J. Clifford Wallace, chief judge, Ninth Circuit Court of Appeals on July 9, 1996. Wallace received a criminal complaint affidavit on Knier on July 15, 1996 for sending FBI agents in an attempt to threaten me. Ms. Corina Orozco, Deputy Clerk., Ninth Circuit Court of Appeals wrote me August 15, 1996 This court is in receipt of you letters dated July 15, 1996. If you wish to file an appeal in this court and seek judicial relief you must first file an action in the U.S. District Court. NO, judge Hug, I was filing CRIMINAL COMPLAINT AFFIDAVITS. Gwen Baptiste from the Office of the Clerk, United States Court of Appeals for The Ninth Circuit, wrote on July 25, 1996 Re: Complaint of Judicial Misconduct We have received your complaint of judicial misconduct. Pursuant to the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability, you complaint is being returned to you for compliance with the above rules. A copy of these rules is enclosed. To understand the purpose of the procedure and who may be complaint about please refer to Rules 1 and 2. AGAIN, judge Hug, I am filing CRIMINAL COMPLAINT AFFIDAVITS not COMPLAINTS OF JUDICIAL MISCONDUCT. Judge Hug, I hope it is FINALLY CLEAR that I am filing CRIMINAL COMPLAINT AFFIDAVITS as I am entitled to do by law. Judge Hug, THE DOCUMENTS YOU SHOULD HAVE IN YOUR POSSESSION and you can view on Internet at http://www.jya.com/snlhit.htm show 1 Criminal violations of the Privacy Act http://www.jya.com/hr105-37.txt ATTACHED 11 pages beginning with Sandia National Laboratories director Michael Robles writing EEOC Director Charles Burtner. A I never saw the documents until Sandia employee Richard Gallegos gave me a copy in 1997. B Sandia denied that the documents existed. C The documents contain factually incorrect information. I did NOTHING WRONG. I followed all Sandia procedures known to me and obtained all required Sandia approvals. D I was never given an opportunity to defend myself. http://jya.com/greene.htm E Neither Sandia nor EEOC had my permission in writing for release of the information. 2 A ATTACHED PERJURED SWORN affidavit by Sandia attorney Gregory Cone submitted of the court of New Mexico judge John Conway. AFFIDAVIT OF GREGORY A. CONE Gregory A. Cone, being duly sworn, deposes and states: 1. I am employed by Sandia Corporation. I am an attorney admitted to practice law in the State of California and before the U. S. Patent and Trademark Office and concentrate on legal issues related to patent and copyright law. In that capacity, I am familiar with activities at the Sandia National Laboratories ("Sandia") as they related to what is sometimes referred to as "reverse engineering." ... It is the general view at Sandia that disassembly of "object code" under such circumstances constitutes a "fair use" of copyrighted software under 17 U.S.C. article 107 and is thus permissible. Sandia bases its view on Sega Enterprises v. Accolade, Inc. 977 F.2d 1510, 24 U.S.P. Q. 2d 1561 (9th Cir. 1992), amended, 1993 U. S. App. LEXIS 78, and Atari Games Corp v. Nintendo of America, Inc, 975 F.2d 832 (Fed. Cir. 1992) ... FURTHER, Affidavit sayeth naught. (signed) GREGORY A. CONE. SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me on this 12th day of August, 1993, by Gregory A. Cone." (signed) Mary A. Resnick Notary Public My Commission Expires: 2-7-94 Lawyer Cone has citations reversed. The U. S. Patent Quarterly references the Atari v Nintendo lawsuit. 1510 should be corrected to 1015. Judge Fern Smith ruled in both cases: The first two cases to directly address the issue of intermediate copying both originated in California's Northern District Court. They are Atari v. Nintendo and Sega v. Accolade. In both cases, the district court found that intermediate copying was NOT fair use. ... In a strong opinion she [Fern Smith] wrote in March 1991, when granting Nintendo's request for a preliminary injunction against Atari, she lambasted Atari's lawyers for thievery. ... However, both cases have been overruled on appeal. In the ground-breaking Atari decision, the Federal Circuit held that intermediate copying was a fair use. The Sega decision, which was appealed to the Ninth Circuit Court of Appeals, similarly overruled the district court and held that intermediate copying may be fair use. The New Use of Fair Use: Accessing Copyrighted Programs Through Reverse Engineering, Stephen B. Maebius, Journal of the Patent and Trademark Office Society, June 1993, 75, n6, p433 Cone's affidavit attempts to create the appearance that reverse engineering I REFUSED to do for the FBI was legal before July 27, 1992, the date of my firing. Decision of the appeal was apparently Decided SEPTEMBER 10, 1992. Page 1016 from 24 USPQ 2d, Atari Games Corp. v. Nintendo of America. I was fired JULY 27, 1992! Lawyer Cone has under oath knowingly made a false material declaration before a court. Judge Hug, we just can’t get the arrest warrant issued for Cone YET. Or for those who violated the criminal sections of the Privacy Act Judges and clerks who are apparently are reluctant to properly proceed against other federal or federal contract employee are themselves committing crimes. Judge Hug, there is ONE SET OF LAWS in the United States of America. Not a set of laws which applies to ordinary citizens and another which apply to judges, clerks, federal and federal contract employees. Rule 3 of the Federal Rules of Criminal Procedure, entitled the Complaint provides: The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate. As you may be aware, An individual may "make a written complaint on oath before an examining and committing magistrate, and obtain a warrant of arrest." This is in conformity with the Federal Constitution, and "consonant with the principles of natural justice and personal liberty found in the common law." [United States v Kilpatrick (1883, DC NC) 16G 765, 769] You may also be aware, A complaint though quite general in terms is valid if it sufficiently apprises the defendant of the nature of the offense with which he is charged. [United States v Wood (1927, DC Tex) 26F2d 908, 910, affd (CA5 Tex) 26 F2d 912. And for your edification, The commission of a crime must be shown by facts positively stated. The oath or affirmation required is of facts and not opinions or conclusion. [United States ex rel. King v Gokey (1929, DC NY) 32 F2d 793, 794] The complaint must be accompanied by an oath. [Re Rules of Court (1877, CC Ga) 3 Woods 502, F Cas No 12126] A complaint must be sworn to before a commissioner or other officer empowered to commit persons charged with offenses against the United States. [United States v Bierley ( 1971, WD Pa) 331 F Supp 1182] Such office is now called a magistrate. A complaint is ordinarily made by an investigating officer or agent, and where private citizens seek warrants of arrest, the practice recommended by the Judicial Conference of the United States is to refer the complaint to the United States Attorney. However, further reference to him is rendered futile where a mandamus proceeding is brought to compel him to prosecute and he opposes the proceeding. [Pugach v Klein (1961, SD NY) 193 F Supp 630, citing Manual for United States Commissioners 5 (1948)] Any attempt to bring criminal complaints to government authorities would, of course, be as evidenced by Gorrence’s letter http://www.jya.com/whprjg.htm . I am a citizen of the United States and you are the assigned magistrate. In order to satisfy the requirement of the Constitution and Rules 3 and 4, a written and sworn complaint should set forth the essential facts constituting the offense charged and also facts showing that the offense was committed and that the defendant committed it. And, As to the requirement that the complaint be made on personal knowledge of the complainant, it is enough for the issuance of a warrant that a complainant shows it to be on the knowledge of the complainant. [Giordenello v United States (1958) 357 US 480, 2 L Ed. 2d 1503, 78 S Ct 1245, rev. (Ca5 Tx) 241 F2d 575, 579 in accord Rice v Ames (1901) 180 US 371, 45 L Ed 577, 21 S ct 406, and United States v Walker, (1952, CA2 NY) 197 F 2d 287, 289, cert den 344 US 877, 97 L Ed 679, 73 S Ct 172] So as to keep contiguous the requirements of the law and the criminal complaint affidavits, I will include this complaint in this letter to you. CRIMINAL COMPLAINT AFFIDAVIT: Gwen Baptiste Essential material facts are: 1 July 25, 1996 Gwen Baptiste improperly returns criminal complaint affidavits properly forwarded to Ninth Circuit judge J Clifford Wallace. 2 May 5, 1998 Bapitist repeats return of criminal complaint affidavits properly sent to judge Proctor Hug Jr. COUNT 1 3 Ninth circuit Senior Case Expeditor Gwen Baptiste is charged with REPEATED INTENTIONAL MACLIOUS Obstruction of Justice, 18 USC 1512, (b) and (c). Title 18 Obstruction of Justice, Article 1512, as amended, states Tampering with a witness, victim, or an informant (b) Whoever knowingly uses intimidation ... threatens, ... or engages in misleading conduct toward another person with intent to - (3) hinder, delay or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense ... (c) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from - (1) reporting to a law enforcement or judge of the United States the commission or possible commission of a Federal offense ... or attempts to do so, shall be fined under this title or imprisoned ... for Baptiste’s TWO attempts to convince citizen Payne to file a judicial misconduct complaint when Payne was filing CRIMINAL COMPLAINT AFFIDAVITS. VERIFICATION Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this criminal complaint are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true. Date William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 505-292-7037 Judge Hug, many citizens are becoming disgusted with government misconduct. Something must be done to correct this. One example is of government misconduct is how the Department of Justice handled the case of a citizen ACCUSED of a federal firearm violation. http://www.monumental.com/SkyWriter/WacoMuseum/ Displeasure with the way the government handled to bring the ACCUSED to justice led to an unfortunate display of dissatisfaction. ARTICLES RELATED TO OKLAHOMA CITY BOMBING http://www.aci.net/kalliste/ Tenth circuit court clerks and judges violated their own rules denying court wins to citizen Morales and myself. Senator Orrin Hatch improperly processed a judicial misconduct complaint against New Mexico judge John Conway. http://www.jya.com/whp071598.htm These two acts mostly caused Morales and me AND OTHERS to reveal additional unfortunate decisions by factions within the US government in the hope PROMPT SETTLEMENT will bring relief. http://www.aci.net/kalliste/speccoll.htm http://caq.com/cryptogate http://jya.com/whpfiles.htm We seeks changes within the law so as to avoid future citizen frustration of our government and legal system not working properly. And possible unacceptable, but understandable, future expressions of frustrations of government employees not obeying the law. WRITTEN EVIDENCE both in document copies and on Internet is so BLATANT that crimes have been committed. I ask that you do you job and issue the warrants of arrest. Or write me and tell me why you cannot. I ask that you respond within 30 days. No response is an invalid response. As accused felon former chief judge J Clifford Wallace may now know. Sincerely, William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 Distribution Antoin Scalia http://www.jya.com/whpscalia.htm Certified Return receipt requested http://www.senate.gov/committee/judiciary.html 9