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Distribution Proviso The author and publisher has temporarily restricted access to this series of web articles to NUJ and IFJ members (also named parties) pending investigation of alleged criminal activity and subsequent legal action under the Trade Union and Labour Relations (Consolidation) Act 1992. This proviso in no way restricts NUJ/IFJ members from releasing excerpts (with accreditation) to interested third parties including news media. Separate exposes cover unethical and illegal activities by London Freelance Branch officials. Adverse comments, all verified and validated to insure accurate reporting meet legal requirements. They refer only to National Union of Journalists (NUJ), National Executive Council (NEC) officers, and London Freelance Branch (LFB) officials. Independent investigations by law enforcement agencies involve unethical and illegal activities by LFB officials in a consort with NUJ officers. The author has little personal knowledge of other branches and chapels which do not form part of intended civil and criminal complaints; therefore, he has no opinion on their activities.
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Position Paper
Jeremy Dear attended an NUJ National Executive Council (NEC) meeting (26 Oct 01) at which NEC announced his election as General Secretary (01 Feb 02). Constituents returned 6,402 papers out of 24,872 issued and Dear received 3,427 votes. Following his election LFB newsletter proclaimed: “Hail to the chief Jeremy Dear, General Secretary of the NUJ . . . pledged to protect journalists and journalism . . .”. NUJ reelected Dear in 2006 unopposed for an additional five-year term: the first time that unopposed reelection occurred in over a century. Dear will remain as General Secretary until (31 Jan 12) unless impeached in the meantime.
During his term as General Secretary, Dear has supervised two legal officers: Claire Susan Kirby (SRA #21078) 21 Oct 99 through 01 Sep 05 and Roy Martin Mincoff (SRA #112029) 03 Aug 05 through present. Both Kirby and Mincoff allegedly committed gross professional misconduct and unsatisfactorily completed a resolution procedure. By providing false and misleading information, they abused SRA processes.
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John Toner, UK National Freelance Organiser acts in behalf of NUJ Responsible for all union activities, organisation, and financial affairs also first point of contact with NUJ officials and NEC officers for freelance members. |
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Mincoff consistently issued outrageous statements which Dear parroted and Kirby (now at Thompsons Solicitors, Cardiff Office) has remained incommunicative. Both legal officers have coerced low-echelon proxies (straws) to handle their correspondence in attempts to distance themselves from the issues and evade responsibility for their actions.
Philip Sutcliffe, (now LFB NEC member) received a summary of issues and a list of 14 items (17 Oct 01) that he had requested for presentation to a London Freelance Branch (LFB) committee meeting. LFB committee discussed that information at some length and appointed Sutcliffe as liaison officer. The committee adopted a broad view that the branch should insure all the support available, appropriate, and feasible (22 Oct 01). Clarification of that statement emphasized: That the issues related to deprivation of freelance employment, something that any union should address; and, that prior restraint impacts upon the global issues of web site content and the employment contracts that relate to all journalists and must have a basis in international law (23 Oct 01).
John Foster, then NUJ General Secretary and John Toner, National Freelance Organiser, discussed the issues and Aidan White, General Secretary, International Federation of Journalists (IFJ) (visiting London at the time) agreed to look into the situation (26 Oct 01). Sutcliffe met White the same evening who asked him to forward details which Sutcliffe claims that he sent. Sutcliffe reported that Foster/Toner/White had not yet made a decision but that he felt that they had given the issues serious consideration (29 Oct 01).
At that time, action and reaction complied with NUJ rules and regulations also international human rights conventions; however, as soon as Dear took office (01 Feb 02) the negotiations fell apart and have remained that way for seven years. Instead of complying with Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), Dear and Kirby implemented laissez faire policies. Those policies, for which they have no excuse, resulted in Paul Trummel (the Journalist) going to jail for almost four months (27 Feb 02) where he suffered torture and solitary confinement during an indeterminate sentence as a “political prisoner incommunicado”.
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At the time of the Foster/Toner/White/Sutcliffe/LFB discussions, Jeremy Dear held the position of General Secretary elect with Claire S Kirby as NUJ Legal Officer. He took over as General Secretary (01 Feb 02). He had four months adequate transition to work with Kirby (who had held her position as Legal Officer for two years) toward resolution of legal issues that could have prevented the Journalist from going to jail. Kirby neglected to advise Foreign and Commonwealth Office (FCO) to request intervention under the Vienna Convention; by that, she left the member to languish in jail for 111 days under arguably the worst conditions in the State of Washington.
After the jailing, Sutcliffe and friends tried to intervene. Sutcliffe wrote to various people in Seattle and friends contacted the Seattle consulate. Aidan White (IFJ) and Jonathan Tasini (NWU) mounted media campaigns in solidarity while Dear imposed an absolute NUJ media blackout and did nothing to address the issues. That blackout prevented NUJ members from knowing about dire circumstances affecting a member in Seattle which precluded them from offering their solidarity - union of interests, purposes, and sympathies. [Tasini] [White]
The media blackout has lasted for the entire seven years of Dear’s tenure as General Secretary and continues at this writing (05 May 09) as a cover-up of dereliction and incompetence. A reasonable person can only classify his inaction as blatant discrimination when one considers the age of the member and the derogation and deception that NUJ elected officers and officials have since heaped upon him to evade their responsibility to act.
Dear received both informal and formal opportunities to reply with a reasoned proposal that addressed the issues. He replied with a parroted version of a general denial that Mincoff wrote. Ongoing independent investigations by law enforcement agencies involve unethical and illegal activities by LFB officials. Dear claimed that he is not ". . . in a constitutional position to instruct lay members (branch officials) to provide information" despite mandates to the contrary.
By that, Dear has effectively transferred his executive responsibilities as General Secretary back to branch officials who will not cooperate. Despite his ultimate responsibility for everything that occurs in NUJ, Jeremy Dear has effectively abdicated. Moreover, he allowed his staff to remove member access to the restricted section of the NUJ web page without giving a reason. He has since replaced that access under duress, but the required information does not appear on it and editors have slanted the content.
Inaction by Dear and Kirby allowed a bogus Consul General (David C Broom) to collude with a corrupt judge (James A Doerty) in Seattle. FCO has since obstructed justice and destroyed relevant documents. Broom (former HM Consul posing as HM Consul-General) colluded with Doerty who “racheted up coercion” by moving the Journalist (then approaching 70 years of age) to 25 days incommunicado solitary confinement among murderers and rapists for no reason other than to coerce him to remove web sites from the Internet. That issue now rests with Gareth Thomas MP (the Journalist’s member of parliament) to address and make reparations after a public inquiry. That prior restraint, and restrictions on personal mobility, became an international concern during 2000 and NUJ/LFB regularly received information.
Nine supreme court judges unanimously reversed decisions by the corrupt Doerty who had imposed prior restraint and jailed the Journalist in King County Jail, Seattle for an indeterminate sentence without legal counsel or due process of law contrary to Vienna Convention. As a Washington State Delegate, National Writers Union (NWU) and member of National Union of Journalists (NUJ), the Journalist had challenged court decisions that violated constitutional and journalism rights.
The Journalist has now commenced action to mitigate the damage caused by the dereliction of Jeremy Dear, NUJ General Secretary, also Claire S Kirby and Roy M Mincoff successive legal officers. In any legal action against NUJ, the Journalist will show that he has done everything possible to reduce damage in a way that lessens severity or intensity. Washington State Bar Association (WSBA) and Solicitors Regulation Authority (SRA) filings will fulfil a mitigative purpose but not reduce the severity of NUJ dereliction. Mitigation only shows that the Journalist has made an effort to contain monetary damages pursuant to Trade Union and Labour Relations (Consolidation) Act 1992.
WSBA grievance names: Professor Paul Trummel (the Journalist) an active NUJ Member in good standing and internationally recognized investigative reporter and public intellectual, who exposed crimes and wrote and published constitutionally protected articles about homicide, elder abuse, fraud, and racism at Council House, Seattle in pamphlets and on web sites; and, Bradley K Spear (WSBA #8783), President, Council House, Seattle, a lawyer, state actor, and landlord who effected an unlawful prior restraint upon the Journalist by preventing dissemination of constitutionally protected writing and retaliated against him by using perjury and subornation to effect unlawful eviction and imprisonment.
The Journalist has written hundreds of articles on homicide and elder abuse. He founded Contra Cabal, one of the first electronic magazines to appear on the web, for which he develops the site, writes articles, designs pages, and produces graphics. Published in print since 1944 and on the web since 1992 (without a single challenge to the authenticity of his investigative reporting) he has held international press credentials for fifty years; spent twenty years as a new media industry CEO and systems designer/consultant; and, twenty years as a post-graduate professor teaching computer industry executives and students of journalism, law, and graphic design working on their masters or doctoral degrees. He has attended or chaired hundreds of business, faculty, and trade union committee meetings including national conventions.
Prior restraint applies to denial of US First Amendment and equivalent EU rights to a journalist (or anyone else for that matter) to gather information, whistle-blow (expose malfeasance to the public and authorities), and publish opinions without institutional control or fear of reprisal. Washington State law requires that any person who complains to any federal, state, or local government about organizations subject to agency oversight remains immune from civil liability for reporting elder abuse and other crimes. Those reports cannot form the basis of an anti-harassment order. Both US and UK laws protect the Journalist through an absolute prohibition on prior restraint; however, through judicial misconduct the court did not enforce them and Dear and Kirby did not challenge the court findings.
By bringing frivolous anti-harassment lawsuits against the Journalist, Council House (comprising Bradley K Spear, Council House directors, administrators, lawyers, and thugs) jointly and severally violated laws that held the Journalist harmless with absolute privilege while performing his civic and professional duties in reporting wrongdoing. They obtained anti-harassment orders with the sole intent of jailing the Journalist in order to apply an unlawful prior restraint on multiple reports about their lawlessness and brought false charges of harassment by committing perjury and suborning their tenants under duress.
Spear compounded crimes by filing a perjured declaration associated with transference of the Journalist from general population to ultra-security solitary confinement incommunicado among murderers and rapists with intent to “ratchet up coercion” to remove web sites in EU. Council House then ordered destruction or destroyed those web sites by using Internet denial-of-service attacks. By that, Spear violated Washington Court Rules, Rules of Professional Conduct (RPC), State and Federal law, and RICO statutes.
A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Alleged criminal activity and homicide at Council House, Seattle, showed a RICO pattern. That pattern included conspiracy to commit crimes of coercion through wrongful use of force or fear. RICO provides only that it “requires at least two acts of racketeering activity” which indicate ensuant wrongdoing within a ten year period.
Council House has regularly harassed the Journalist through wrongful use of force and fear for nine years. RICO legal action remains the prerogative of US criminal courts. It shows gross professional misconduct by Council House lawyers and a pattern or practice of harassment and intimidation against the Journalist for writing and publishing constitutionally protected information.
Washington Supreme Court (30 Mar 06) handed down a unanimous reversal of lower court findings by Washington Superior Court Judge James A Doerty (WSBA #4937) and Washington Court of Appeals Judge Mary Kay Becker (WSBA #13027) et al. Seattle Municipal Court dismissed frivolous criminal charges filed by Council House and Seattle City Attorney Thomas A Carr (WSBA #19845). Both the reversal and dismissal vindicated the Journalist of any wrongdoing and prohibited future censorship, prior restraint, and Internet denial-of-service attacks upon the Journalist’s printed and electronic publications.
The supreme court action cost NUJ nothing and NUJ did not participate or provide any legal, moral, or ethical support. The Journalist arranged for pro bono lawyers in US to handle five amici curiae filings and both NUJ and IFJ received plaudits as a result. More important, the supreme court reversed legal findings that restricted traditional and new media journalists from publishing their work by unlawful censorship and prior restraint.
Despite those findings, Council House and its associates have extended their Internet harassment by causing losses of more than £500,000.00 during the first half of 2008 which Dear effectively condoned. That amount does not include inestimable collateral damage through subscriber and newsletter losses that resulted from Internet denial-of-service attacks and other computer crimes now under investigation by law enforcement agencies.
Dear, Kirby, and Mincoff received notice of those events but evaded their responsibility to act; instead, they put into effect a series of unlawful delaying tactics and prior restraint now subject to a Solicitors Regulation Authority UK complaint which involves both NUJ and Thompsons Solicitors.
Determination
National Council of Jewish Women (NCJW) formed a non-profit corporation then built and later refurbished (at government expense) Council House, 1501 17th Avenue, Seattle, Washington, an apartment block (not a retirement or nursing home as media incorrectly reported) restricted by law from housing vulnerable adults. When US Department of Housing and Urban Development (HUD) designated Council House as a residence for independent living it established its directors as state actors subject to HUD regulations.
The building houses two constituencies, a Jewish elite that pays market rent and disadvantaged ethnic minorities and immigrants (including holocaust survivors) who receive government subsidies. This unfortunate mix has created a division between “haves” and “have-nots” through class bias and racism. The elite receives privileges and panders to administrators while subsidized tenants suffer untold abuse. An all-Jewish board of bigoted and biased directors (except for a goy sociopath and his thugs who do their dirty work) have created an untenable and illegal situation from which most tenant problems stem. [Ravening Sociopath]
HUD regulations allow the corporation to lease independent-living apartments to senior citizens sixty-two years of age or older. Those leases remain subject to landlord and tenant laws in the same way as any commercial apartment block. HUD involvement relates only to rent subsidies, oversight of independent, eligible tenants, and enforcement of its regulations. The difference from other landlord/tenant relationships concerns only the minimum age (62) for tenancy and economic disadvantage suffered by a minority of the tenants while the majority pay market rents.
HUD regulations make it very clear that landlords have no right to interfere with tenant lifestyles, privacy, or politics or to enter their apartments without their permission; however, Council House used HUD funded facilities for commercial, political, and religious purposes to the prejudice of tenants. Despite those regulations, Council House repeatedly granted leases to vulnerable adults which resulted in at least three homicides, attempted murder, frivolous incarceration of five other tenants for speaking out about abuse, and dozens of unlawful evictions. Tenants have disclosed other elder abuse and fraudulent leasing practices under source anonymity agreements.
Bradley K Spear (WSBA #8783) presides over a powerful criminal element that operates out of Council House and considers itself above the law. His directors created an indefensible situation predicated upon racism, ethnic cleansing, and zero-tolerance policies then Doerty granted them impunity. They used federal funds intended to benefit elderly people for political activity outside US and for commercial ventures in Seattle. They continue to violate HUD regulations for profit and fraudulently receive grants from other taxpayer funded sources which they use for equity enhancement and asset building prior to the final amortization of HUD mortgages.
Council House directors do not want to act because they have much to hide, particularly, misappropriation of government funds and acquiescence to long-term tenant abuse. They may calculate that spending $100,000 to cover up crimes seems modest in relation to the large amounts misappropriated and $30/40 million in equity that they can either liquidate or convert in 2012 without having invested a penny. Their policy becomes evident when one considers that they could easily obtain eviction orders if they had probable cause. An eviction complaint would cost them about $1,000/$2,500 in lawyer fees and court costs instead of their current expenditure on legal fees and the enormous contingent liabilities that they have accrued.
Although fully informed of myriad crimes, prosecutors have chosen neither to investigate nor bring criminal charges against Council House for committing multiple felonies, perjury, subornation, homicide, and filing false and malicious charges against tenants. Instead, they have prosecuted a whistle-blowing journalist for political expediency and intimidated and bribed witnesses in several cases of elder abuse brought to court by tenants.
Railroading
Donald G Cohan (WSBA 2451), Craig S Sternberg (WSBA 521), and Anthony P Wartnik (WSBA 9720) acted as prime movers in suborning witnesses for a railroading conspiracy (compulsion by coercion and threats) to enforce prior restraint. Sternberg and Wartnik choreographed a plot to protect their spouses Sheila Sternberg and Lynn C Wartnik (Council House co-presidents) from possible prosecution for crimes against elderly or vulnerable people, forgery of HUD documents, and embezzlement of federal and state funds.
Sternberg wrote to Anthony and Lynn Wartnik to apprise them of the planned railroading of the Journalist to stop him blowing the whistle on elder abuse. He lobbied Council House to support an anti-harassment counterclaim for which he had already approved funding. He told them that insurance would cover some or all of the legal fees (22 Mar 01).
Sternberg checked the validity of press credentials with National Union of Journalists (NUJ), London. Contrary to professional practice, he did not declare his interest as a lawyer. Neither did he disclose that he intended to file retaliatory harassment complaints against an NUJ member for interviewing willing sources while conducting an investigation of his wife’s allegedly criminal activity.
Having checked the credentials with NUJ membership secretary, who authenticated the Journalist as in good standing, Sternberg informed the court that the press cards had no validity. Doerty refused to allow the Journalist to file his UK and International press cards with the court as evidence that he held bona fide credentials as a journalist, called him a "poseur" and declared the press cards "bogus", then redefined journalistic investigation as surveillance and harassment.
Council House threatened the Journalist that if he did not stop exposing their crimes they would take court action with intent to jail him. He refused to accept coercion, citing his rights under US First Amendment and EU laws and would not create a negative precedent that affected all journalists. Despite the challenge, they suborned perjury in a conspiracy and railroaded him into jail.
Anthony Wartnik arbitrarily replaced a scheduled judge with Doerty. Doerty then suggested that Council House file a counterclaim to an anti-harassment order requested by the Journalist. By that, both judges committed gross judicial misconduct by proffering legal advice from the bench and knowingly placed perjured affidavits on the court record. They then frustrated legal representation and disallowed a discovery process including cross-examination of suborned witnesses.
Council House denied the Journalist due process of law; forced rapid litigation; prevented careful consideration of facts and criticism; jailed him using contempt citations without a fair trial; trumped-up charges; and, dragooned, compelled, subjugated, and persecuted him using coercion, threats, and imprisonment without benefit of counsel in a consort with judges who indulged in ex parte contact. It seized the opportunity presented by judicial misconduct then ignored cautionary legal admonition by knowingly filing perjured declarations.
Anthony Wartnik used his power as a senior superior court judge to influence Doerty’s assignment and had ex parte contact with litigants. He acknowledged two ex parte meetings with Doerty who has since withheld or destroyed transcripts and other documents to cover his tracks (20 Mar 01).
Prior Restraint
Doerty placed an illegal prior restraint upon an internationally published NUJ journalist (in the same way that Dear and Gopsill (NUJ) have placed a prior restraint on the same information for the past seven years). In effect, Doerty sanctioned a conspiracy - a confederacy among lawyers and judges - which supported unlawful or criminal acts. Spear actively participated in that conspiracy through subornation and by perjuring himself. He subverted the judicial process by willfully committing criminal acts knowing about a legal challenge to a railroading campaign.
Council House directors and some tenants perjured themselves and forged documents to try to force the Journalist to take down a web site in EU that exposed their criminal activities and alleged homicide. Three people died and others almost died as a result of attempted murder which the Journalist reported to law enforcement agencies. [An archive containing the web site that Council House destroyed now appears at http://contracabal.net]
Doerty then jailed the Journalist in King County Jail, Seattle for an indeterminate sentence without legal counsel or due process of law using politically expedient contempt of court findings for whistle-blowing about elder abuse on a web site located in Holland. He disallowed a request for benefit of counsel and discovery (a compulsory pretrial disclosure of documents relevant to any case).
After the Journalist had spent 86 days of an indeterminate sentence in jail, Council House directors organized a campaign for his transfer to solitary confinement in a similar way to which they organized the original railroading and character assassination. They colluded with Wartnik and Doerty to “ratchet up coercion” then Doerty issued a Draconian sua sponte (at will and without a motion) order for solitary confinement.
Doerty moved the Journalist (approaching 70 years of age) to an additional 25 days in solitary confinement incommunicado locked down 23 hours a day among murderers and rapists. For contrast, if a prisoner physically attacks a guard in KCJ he gets a maximum of ten days in “the hole”. The Journalist complied with all jail regulations yet received 2-1/2 times that punishment for ignoring a catch 22 that required him to remove a web site in EU.
Guards forced the Journalist, an arthritic with a prostate problem, to lie on a cold concrete slab 23 hours each day and denied him prescribed medication which caused him several near-death experiences. The Journalist spent a total of 111 days of an indeterminate sentence in jail. By that, Doerty contravened most of the articles in the United Nations Universal Declaration of Human Rights by jailing him effectively as a political detainee. Dear and Kirby, aware of all these maneuvers by Council House and UK Consul, Seattle over a seven-year period did nothing about them.
Foreign and Commonwealth Office Dereliction
During early 2002, Judge James A. Doerty, Washington Superior Court and former Seattle British Consul David C Broom conspired to increase the coercion of Paul Trummel, a British journalist jailed without benefit of legal counsel. Doerty moved him to incommunicado solitary confinement among murderers and rapists in King County Jail, Seattle where guards tortured him.
Now, a cover-up allows a powerful political and criminal element in Seattle to harass the journalist whenever he enters the US and unlawful restrictions still apply to his movements in Seattle despite a Washington Supreme court finding in his favor. That unanimous finding by nine judges reversed Doerty's decisions made in consort with straw judges, city officials, and Broom posing as a British Consul-General.
Broom claimed to represent UK government and British interests in Washington state and promised to provide services to British nationals. Requested several times to visit the Journalist in jail by his friends and colleagues, Broom neglected to do so. Instead, he accepted at face value the perjured testimony that Doerty sent to him attached to a letter after two unlawful ex parte (in secret with bias) discussions. Doerty recorded those conversations and the documents that he sent to him in both a letter and in his court findings.
FCO appointed David C Broom, Consul, British Consulate, Seattle during December 1999 and removed him during July 2004 prior to the consulate closing (30 Sep 05) when it transferred all documents to British Consulate-General, San Francisco. The generic term "consul" defines a diplomat or official representative of a government in one state who resides in the territory of another. Most nations maintain consulates in major foreign cities with the primary purpose of safeguarding their resident and traveling citizens while on foreign soil. A secondary duty relates to maintaining commercial interests.
Broom claimed in Seattle Times: "Britain and Washington state are major trading partners; as British consul general, I am vested in the state's recovery and continued competitiveness and economic success". In several other articles he also signed himself "Consul General"; however, Robin Newmann, Vice Consul Political, Press and Public Affairs, British Consulate-General, San Francisco refutes Broom's claim to that title.
Heads of British consulates classify as consuls not consuls general. The British government reserves the term "consul general" for heads of consulates-general and does not permit people of lower rank to use it. This misnomer represents only one of a series of misrepresentations and lies propagated by Broom during his term in Seattle. A diplomatic source who worked with Broom during a previous foreign assignment verified repugnant, undiplomatic behavior by Broom.
During Broom's tenure, Judge James A. Doerty committed judicial misconduct, perverted the course of justice, and violated constitutional and human rights of a British subject. Doerty issued a series of contempt orders effectively to silence investigative reporting. He misapplied law by granting a restraining order which deprived the journalist of his constitutional rights to free speech and liberty then imprisoned him indefinitely.
Although aware of the circumstances, Broom did nothing to relieve the situation. Instead, he consorted with the judge apparently to protect commercial interests allied to a Seattle Mafia for whom Doerty acted as straw judge. Broom lied in writing about his ex parte involvement with Doerty and withheld official documents. Now, Consulate-General, San Francisco has admitted to destroying those records probably in an attempt to cover up Broom's dereliction. Like any fox that hears the sound of barking, Broom has since gone to ground in Seattle.
Retroactive Perjury
Council House compounded their crimes by retroactively filing perjured declarations associated with the transfer without a hearing or benefit of counsel using the same tactics that they used for the original commitment. This second frame-up showed an identical pattern or practice of subornation and perjury used in the railroading organized fourteen months earlier - the modus operandi used by Council House in several parallel cases. Council House directors perjured themselves to support the unlawful transfer and eviction by falsely claiming that the Journalist (while he languished in jail) sent Spear an unpublished draft of an article to threaten him.
That batch of perjured declarations served only to cover up Doerty’s judicial misconduct in making the sua sponte transfer. In total, Doerty accepted twenty perjured declarations containing innuendo and manufactured evidence that covered up his judicial misconduct in transferring the Journalist to solitary confinement without legal counsel. Spear acted in a consort with four other Council House directors and fifteen tenants who copied a single fax document taken from a lawyer’s file to use as “evidence” then claimed that they received it through the mail with intent to harass them.
Council House claimed that the Journalist violated a restraining order while in jail by contacting directors and tenants through US mail - impossible without law enforcement officials knowing about it. Doerty placed that perjured testimony on record retroactively to support his own sua sponte decision to have the Journalist transferred from general population in King County Jail to solitary confinement without due process of law or benefit of counsel (26 May 02).
Several declarants appended fax copies to declarations then swore that they received them in the mail or under their doors at night: a rank impossibility. Doerty did not determine which people allegedly received the document in the US mail and from whom they received it; instead, he again acted on unsupported contentions.
A former tenant evidently sent a bootleg copy to several Council House directors of an updated but unpublished draft written two days before Doerty sent the Journalist to jail (27 Feb 02). Spear claimed that the Journalist mailed it to him in violation of a restraining order (26 Oct 01). He failed to acknowledge that the Journalist languished in jail with his incoming and outgoing mail vigorously scrutinized by jail officers at the time of the alleged mailing.
Any reasonable person will read the draft piece then understand that the article contained no threats, implied or otherwise. In his declaration Spear perjured himself (14 Jun 02) by claiming that a rhetorical question contained threats of violence and violated an anti-harassment order. His declaration contained unsubstantiated claims, innuendo, and assumptions that a lawyer should know better than to include in a declaration.
The Journalist sent nothing to the directors, or anyone else for that matter; moreover, Council House provided no proof that he did. If he had mailed the letter, then it would have had a King County jail return address - the standard requirement for outgoing mail. Council House used paranoid statements as proof admissible in a court of law then committed perjury to support them.
Council House probably calculated that with two (probably six) superior court and appellate judges in their pocket they had impunity and could say and do whatever they pleased under the protection of court-ordered anonymity. Their action became doubly significant because they perjured themselves to cover-up cruel and unusual punishment after the fact which followed a previous pattern or practice of elder abuse followed by subornation and perjury.
Eviction
At a hearing on the anti-harassment counterclaim, Doerty denied the Journalist legal counsel, a discovery process, and a motion for continuance. He then granted an anti-harassment order designed to address domestic disputes for prior restraint purposes with instant and permanent effect to facilitate a prior restraint.
Council House took advantage of that finding to evict him (while in solitary confinement with his rent paid up-to-date) from his home followed by loss of most of his possessions also theft of irreplaceable manuscripts for three books and his art collection (19 Apr 01). Important to the Journalist, they caused euthanasia of his dog.
The court refused to allow the Journalist to cross-examine witnesses or to conduct discovery and denied him legal counsel then staged an eviction hearing presided over by Judge Michael C Hayden (WSBA #7105) prior to which guards locked him in an unheated cage and refused him water. Hayden stonewalled legal argument, ignored an eviction finding in favor of the Journalist a few weeks earlier, then found for Council House based upon Doerty’s findings which supreme court later reversed.
Despite up-to-date rent payments made by supporters, Council House effected vacation of the premises under duress following threats of moving all his possessions into the street. Later, lawyers forced Hayden to recuse himself from a parallel tenant action when he tried to rule with deliberate prejudice and bias against another tenant. By that, he established a pattern or practice of judicial misconduct.
Council House has made no attempt to make reparations for the damage caused to the Journalist and still holds 14 months rent and security deposit that the Journalist’s supporters paid while unlawfully locked out of his apartment and in jail. Doerty tried to charge $30,000.00 rent for the time he spent in jail. A Washington State official later reversed that decision without question.
Ethics and Irony
Hon. Robert F Utter, Retired Justice, Washington State Supreme Court wrote: “The vibrancy of our Democracy depends upon our willingness to ensure that the fullest range of voices and interests is represented and heard. This is what the fight for equal justice is all about”. Washington State Bar Association (WSBA) used that quotation as a slogan but several Washington judges and lawyers have not heeded the message; instead, they have repeatedly delayed and denied justice.
Washington State Court Rules of Professional Conduct (RPC) require lawyers to make a full disclosure of their interest. Those rules contain nothing that allows them to remain anonymous or to practice censorship. Yet Doerty issued an order that effectively granted Council House impunity to impose a prior restraint and to act in secret.
A reasonable person must ask: “What did the Journalist do to deserve such Draconian punishment?” The harassment by Council House started with articles about nocturnal noise which the Journalist submitted for publication in Council House tenant magazine that blossomed into international outrage and a Washington Supreme Court finding. Council House censored content and changed the meaning to suit their own purposes before publishing it. After a written complaint asking for retraction (which received no response) the Journalist published the truth in his own newsletter and distributed pamphlets in a manner permitted by Seattle municipal ordinances.
Doerty also misrepresented an article on suspected terrorist activity at Council House, published before the World Trade Center (WTC) disaster, as terrorist propaganda and used it as evidence to jail the writer. The content of the article proved true after the WTC disaster when Seattle media scooped it and validated its content.
The Journalist legally published six pamphlets with three abstracts that criticized Council House management and revealed elder abuse in a government-financially assisted block of apartments for senior citizens that Council House managed. Legal distribution of pamphlets to tenant doors took place in six deliveries. Edition dates show approximate dates of distribution.
Although residents should have received 1,350 pamphlets in aggregate, the administrator illegally removed about 450 of them from doors which left a total of 900 pamphlets actually distributed under an opt-out policy. Only six tenants (3%) opted out which indicated that Council House had more interest in censoring content to hide unlawful practices than protecting tenants from “severe emotional distress” by reading it as they claimed.
The pamphlets contained constitutionally protected speech and conformed with International Federation of Journalists ethical standards and distribution protocols permitted by Seattle Municipal Code. Council House did not bring an anti-harassment counterclaim until at least six months after publication of the last pamphlet.
A reasonable person must ask how the content of pamphlets published up to eighteen months previously, which nobody forced anyone to read, could cause severe emotional distress or qualify for an anti-harassment order. The same content appeared on a web site a year later (01 Jan 02) which caused Council House to send the journalist to jail indefinitely. They later destroyed the web sites based in Holland using Internet denial-of-service attacks.
In a letter to Donald R. Silverman (a former president of Council House), the Journalist outlined the problems and informed him that if they did not receive attention then he would publish the details and obtain an anti-harassment order. Council House and Richard R. Beresford (WSBA #3873) (Council House attorney) received copies of that letter but did not respond. Later, Beresford warned Council House directors and tenants that the Journalist had a constitutional right to publish his newsletter and that they should "leave him alone".
The Journalist obtained a temporary restraining order and filed a harassment petition. Council House again removed and destroyed copies of the newsletter despite Beresford’s warning and then racheted up ostracism, harassment, and coercion using five thugs (05 Mar 01). Several days later they called Seattle Police Department (SPD).
Two police officers visited the Journalist to investigate reports of harassment predicated upon publication of his newsletters. Later, in court testimony, Council House admitted orchestrating the police complaint in an attempt to stop publication of the newsletter - the first in a long trail of harassing acts based upon false complaints to SPD designed to intimidate potential witnesses at anti-harassment and in parallel court hearings.
The police officers claimed that Council House tenants felt intimidated by the newsletter and viewed its content as harassment. The Journalist argued that US First Amendment, Washington State laws, and Seattle Municipal Code allowed distribution of printed materials in apartment blocks. He asked how a printed pamphlet could harass thousands of people when nobody forced them to read it. The officers read the newsletter and the statute then left after satisfying themselves that opt-out criteria applied and that no harassment had occurred.
Another interference showed a similar pattern of unconstitutional behavior by Council House. Irene H Hull (then 89), one of the first labor union organizers to fight for equal rights for women in the US workplace, solicited signatures at a Council House tenants' association meeting for a petition about American policy on Iraq. Almost all tenants present signed it.
A Council House thug publicly ridiculed her then reported her to Council House who told her that they did not allow solicitation inside the building "which is private property". Seattle Municipal Code clearly prohibits landlords from preventing tenants from initiating and having contact with other tenants or distributing political or religious tracts. Despite that law, Council House sent her an eviction notice.
Homicide by Abuse
Council House used impunity and anonymity provided by both superior and appellate courts to increase tenant coercion using an “ethnic cleansing” approach to constructive eviction of blacks. The purge ironically coincided with propaganda to introduce sensitivity training courses. This started a return by Council House to its previous ethnic imbalance with a systematic campaign against blacks (some of them with life-threatening illnesses).
A Council House director psychologically transferred his own violent behavior and lying onto the Journalist. He continued a pattern or practice of dysfunctional behavior over an extended period. In the same way, Jeremy Dear now transfers his own problems through pathological lying. Pathological liars have no conscience and express no guilt.
Council House directors and paid thugs repeatedly harassed Shoah (Jewish Holocaust survivors). Three tenants died as a result of homicide by abuse. Directors especially targeted European holocaust and WWII survivors to whom they referred as "Eurotrash" (which included the Journalist who lived in London during the blitz and served postwar combat duty in the Middle East) and black people they referred to as "kafirs" or "niggers" from the “planet of the apes”.
The Journalist (under ethical rules that required him to hold people harmless) wrote to both John W Meyers, Regional Director, HUD, and Thomas A Carr, City Attorney, City of Seattle, to advise them of an impending and unlawful eviction that could cause death to a tenant (Jackson). He sent them copies of the doctor’s letter that supported his allegation and drew attention to two previous instances of homicide (Nations and Vilensky).
They took no action and Jackson died allegedly as a result of the eviction. Council House retaliated for the whistle-blowing by claiming that filing reports of homicide with authorities constituted harassment. None of the victims qualified for leases because of their infirmities. They died as result of management abuse and the Journalist ended up in jail for reporting homicide:
1. Jackie Rose Nations (then 59), mentally disabled since birth, committed suicide by jumping from her sixth-floor apartment window during the early hours of a Sunday morning. A healthy and fairly active woman for her size, Nations evidently died a painful, lingering death lying on a roof for up to three hours without help while a “security guard” slept. According to several witnesses, her niece Audrey F Dunbar (then 35), a Council House administrator, considered her a burden and constantly abused her. Following Jackie’s suicide, several witnesses identified sounds that they heard during the night and came forward to say that Nations did not die immediately. Others have provided detailed reports that Nations, a vulnerable adult by virtue of diminished mental capacity, constantly suffered abuse by her niece, particularly during the days before her death.
[Who Killed Jackie Nations?]
2. During a Sunday afternoon, a Latino, who neither spoke nor understood English. dumped Holocaust survivor Naftali Nathan Vilensky (then 72) (a lucid and articulate man despite extensive physical disabilities) in an apartment at Council House. Vilensky, confined to a wheelchair and naked except for a hospital gown and a medical ID bracelet needed immediate help and asked the Journalist to help him. He had no left leg and a disabled right foot in a plastic (removable) cast with exposed black toes left open to fresh-air to prevent growth of fungus. He had dysfunctional kidneys and had to go to hospital every other day for hemodialysis. Vilensky fell out of his wheelchair and died. Council House had earlier that week denied him means to call for help. The Journalist saw him curled up in a fetal position on his bathroom floor where he had fallen - naked except for a hospital gown. He had left his door unlocked in case of emergency and a “meals on wheels” delivery man found him. Staff abused him three days before his death which he tape recorded then gave the cassette to the Journalist.
[Last Cruel Days. Homicide?]
3. Harassment allegedly caused the homicide of a black man and imprisonment of his wife and caregiver for challenging the harassment of her seriously ill husband in attempts to protect him. Lisa Erlanger MD, Swedish Medical Center, treated Donald Jackson (then ±70), a black Council House tenant. She wrote: “. . . He has severe lung disease which requires oxygen treatment and multiple medications. Stable housing is absolutely essential to his health, and even a brief period of homelessness could be life threatening. He also requires assistance with some of his activities of daily living due to his shortness of breath and chronic arthritis pain. . . .” Despite the medical report, staff ordered another black man to throw all Jackson's furniture and possessions into the street. Local scavengers descended upon them and took anything of value. Jackson died shortly after the eviction which followed several years of racial abuse.
[Whitewash]
Intimidation for Reporting Crimes
Council House forged documents to try to force the Journalist to take down his web site which exposed criminal activities. They knew that the content contained truthful statements and that they could not claim defamation or libel so they claimed harassment. They stretched anti-harassment definitions to claim that news gathering constituted "surveillance" and reporting crimes defined as "harassment".
Doerty effectively denied the Journalist his constitutional rights and incarcerated him based upon trumped-up charges and a vicious campaign of defamation in which he participated. Doerty ignored affidavits filed with the court by officers of National Writers Union (NWU) and prevented them from testifying as witnesses for the Journalist when they attended a hearing. Although informed of the circumstances, Dear and Kirby, National Union of Journalists (NUJ) neither filed declarations nor informed UK Foreign and Commonwealth Office under the Vienna Convention.
Doerty then downloaded dozens of defamatory statements planted on Internet blogs by Council House prior to hearings, then entered them into evidence with other false and misleading information about the Journalist. By that, he denied due process of law and violated civil rights. Jeremy Dear (22 Jan 09) resurrected that perjury repeated in an article, challenged for libelous content seven years before, ostensibly for derogation and to cover up his own ineptitude.
Prior restraint lasted for more than five years (and the NUJ media blackout for seven years) due to procrastination by judges in an ex parte consort which allowed Council House and others outside the ambit, anonymously to commit perjury, subornation, and racism on a grand scale challenged in a plethora of law suits not connected with the Journalist. That litigation showed a pattern or practice of malicious criminal intent, ostensibly to cover up crimes and racism, identical to, and in parallel with, the Journalist’s experience.
Council House retaliated for an opinion by the Journalist published two years previously. He wrote:
If the directors of Council House, with their stated exclusion of people of color at any meaningful level of employment or directorship, thoroughly investigated they would find infinitely more than exclusion. They would find solidified within their Jewish ghetto an anti-black attitude that symbolically represents a significant part of the moral attitude of the general population. This despite pious claims to the suffering of their own race and centuries of anti-Semitism.
He criticized Council House for employment discrimination by not advertising the position of Council House administrator as required by law. Spear knew that he must advertise in a way that provides equal opportunity to all qualified people notwithstanding race, color, creed, national origin, gender, age, or familial status which required placement of national advertising to show compliance with state and federal laws. Council House maintained an exclusionary policy that precluded black people from applying for jobs or renting apartments at Council House.
The published report criticized lack of advertising for a replacement administrator contrary to HUD mandates and apparently prodded Council House to place advertisements in The Jewish Transcript. The Journalist then questioned how many non-Jews read that paper and would reply to a racially-biased advertisement. He also asked why Council House had not advertised the position in national, non-sectarian publications as federal law requires.
Based upon the Journalist’s pleadings and submissions by five international amici curiae, Washington Supreme Court unanimously reversed rulings by Washington Superior Court (Doerty) and Washington Court of Appeals (Becker) that related to Council House (30 Mar 06). Supreme court reviewed the web versions of the six pamphlets which comprised the sole basis for the harassment complaint and ruled 43 declarations, suborned under duress by Maureen M Mitchell (WSBA #30356) in behalf of Council House, and found them inadmissable by stipulation.
Maureen Mitchell moved from her position as a junior lawyer at Short Cressman Burgess (SCaB) acting for Council House to take a position as clerk to Court of Appeals then attended the appellate proceedings which challenged the perjury that she had suborned (unprofessional behavior recently copied by Mincoff when he held a kangaroo court to address his own misconduct and found himself not guilty). During her subornation campaign, Maureen Mitchell also visited, uninvited and unannounced, the apartment of a witness to coerce her not to appear for the Journalist.
Washington supreme court found that constitutionally protected content did not by any stretch of imagination warrant Draconian measures that included eviction and indeterminate imprisonment with solitary confinement. Those findings vindicated the Journalist for publishing newsletters and web sites. Seattle Municipal Court dismissed six frivolous criminal charges (21 Apr 06) filed by Council House in a consort with Seattle Police Department and Thomas A Carr, Seattle City Attorney. Carr prosecuted them with malicious intent to send the Journalist back to jail to preempt the supreme court decision.
Council House instructed the law firm Bullivant Houser Bailey (BHB) - Seattle. Two BHB lawyers, Thomas D Adams (WSBA #18470) and Gretchen Herbison (WSBA #26310) acted as a front while Council House continued to abuse elderly people and deprived them of their constitutional rights.
The Journalist accepted his responsibility to investigate and report his findings by publishing details of alleged professional misconduct by them which appeared in a series of articles exposing state and federal crimes. Adams used his first contact with the Journalist to threaten and demean him while Herbison clandestinely filed false and defamatory information about him with Seattle Office of Civil Rights (OCR) in a case that he had reported but which did not legally involve him.
Adams demanded that the Journalist remove cartoons classified as protected speech from a web site within 24 hours otherwise he would take “other remedies”. The cartoons fully complied with a prior restraint handed down by Doerty that awaited reversal after oral argument in Washington Supreme Court (23 Jun 05). Adams neither stated with particularity which statements or cartoons he found defamatory nor cited an authority supporting his demands. Adams merely claimed that he found statements in a cartoon “offensive” in the same way that Council House found the Journalist’s genre “rude” (an opinion repeatedly voiced by Sutcliffe).
Instead of addressing the issues or questioning the validity of published information, Council House instructed BHB to start Internet denial-of-service attacks which flooded web sites until they crashed beyond repair. Internet (DoS) attacks define as electronic prior restraint which prevents publication of constitutionally protected reports and destroys computer systems. Despite the supreme court decision which reinstated and reinforced the Journalist’s constitutional right to publish the content previously prohibited by unlawful prior restraint, Council House again violated federal and state laws in attempts to silence him.
Adams defied both the superior court finding that enforced use of pseudonyms, and the supreme court unanimous decision of nine judges (30 Mar 06) which reversed the superior court finding, by launching Internet Denial-of-Service attacks (DoS). By that, Council House attempted to curtail publication of articles that exposed criminal misconduct despite First Amendment protection. BHB lawyers unlawfully used anonymity and impunity granted to Council House lawyers as a means to violate Washington State Bar Association Rules of Professional Conduct (RPC).
In collusion with Seattle Police Officers (a frequent occurrence over an eight-year period), Council House filed six false and misleading criminal charges against the Journalist in Seattle Municipal Court (SMC) which Thomas A Carr, Seattle City Attorney choreographed. Carr then issued warrants for the Journalist’s arrest in absentia and without proper service while the Journalist worked in London.
When the Journalist returned to Seattle he found an expired service document (sent by second-class mail) in his PO box informing him that City of Seattle had filed six criminal charges in Seattle Municipal Court (SMC) (which Carr prosecutes). The service did not define any charges and the Journalist unknowingly faced a bench warrant or $6,000 bail. The court later dismissed the frivolous and capricious charges. Adams retaliated for the dismissal by causing a series of Internet DoS attacks which destroyed web sites on servers in EU.
Conclusion
Council House confirmed appointment of Stephen (aka Stefan) A Mitchell, a sociopathic, out-of-work stage actor as administrator and director without qualifications for the job. Mitchell had filed a curriculum vitae which contained false academic credentials and work experience to obtain taxpayer funded employment. Lynn C Wartnik and Sheila Sternberg then forged a HUD document which enabled them to employ Mitchell at federal expense. State actors who knowingly participate in the granting or sustaining of false credentials become accessories before or after the fact if they assist someone alleged to have committed a felony by submitting false academic credentials.
Administrators receiving state salaries or managing HUD buildings classify as state actors and must comply with both Federal and State of Washington laws. In a cover up of malfeasance, Wartnik and Sternberg took part in a multiple subornation campaign conducted by Maureen L Mitchell to stop the Journalist reporting the issues. This commenced a bizarre spiral of civil and human rights abuses in which Council House et al actively participated.
Council House ranks as an accomplice in the commission of crimes even it did not take part in the actual offenses. If administrators in taxpayer-funded institutions take no action on issues when they discover that a felony exists, then they become liable with the person who committed the felony.
Council House, when criticized publicly for employment discrimination by not publicizing the position, rushed to advertise it. By that, Spear acknowledged that he had a responsibility to insure that Council House would advertise in a way that provided equal opportunity to all qualified people notwithstanding race, color, creed, national origin, gender, age, or familial status. That required national advertising to show compliance with all state and federal laws.
Media criticism evidently forced HUD to reprimand Council House for discrimination in advertising apartment vacancies in a single publication - The Jewish Transcript. It ordered Council House to advertise vacancies in a series of ethnic papers; however, they still practiced employment discrimination. HUD read Contra Cabal articles then ordered Council House to advertise in ethnic newspapers. Council House grudgingly complied. Several black people applied and qualified for residency; however, the appellate court finding (Becker) implicitly affirmed a trail court decision (Doerty) that condoned racist behavior. Becker acted in a dilatorily (or contrived) manner by not pursuing the truth before affirming the trial court decision.
Council House again placed advertisements in The Jewish Transcript (11 and 25 Aug 00). As a lawyer, Spear knew that he must follow the letter also the spirit of the law yet advertised in a single publication that matched the ethnicity of his board of directors. Moreover, Jeffrey Berkman (another director) held directorships at both Council House and The Jewish Transcript. As Council House treasurer, he apparently kept the advertising budget in the family despite the law. HUD should have hauled Berkman before the civil rights commission and Spear before the bar association disciplinary committee; instead, it ignored the complaint through corruption and complacence.
One wonders how many goyim read a rag like The Jewish Transcript and would reply to a racially biased advertisement. Three Jewish people did apply, but Council House had no intention of changing Stephen Mitchell’s unlawful appointment. One of those applicants (interviewed by the Journalist) had qualifications and experience far in excess of Stephen Mitchell, whom former co-presidents Lynn C Wartnik and Sheila Sternberg employed after knowingly making false declarations, submitting false academic credentials, and forging documents. HUD officials have since withheld public records to cover up their complicity in that discrimination. NUJ has instituted a massive cover-up of its involvement and continues its media blackout.
See Portable Document File (PDF) for citations.
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© Copyright 2009 by Paul Trummel |
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