Commission on Judicial Performance
455 Golden Gate Avenue, Suite 14400
San Francisco, California 94102
May 23, 2008
HONORABLE B. J. BJORK
Larson Justice Center
46-200 Oasis Street; Indio, CA
People v. Stephens; Case # INF054715
On June 8, 2006 I was falsely arrested while going into court to dismiss a void on the face restraining order, by Riverside County District Attorney, Rich Twiss on a 422.6 (A) PC, Misdemeanor hate crime action. I have no idea on what basis that charge was made.
A quick reading of the case, Trylson v. Stephens INC57008 would have proved it was void on the face, and, Commissioner J. McCoy had already agreed to dismiss it; this is all in the court record, and, in fact there was a Charging Affidavit for Perjury against Trylson, and her witness, Kent Robins.
The truth and evidence was there for District Attorney Investigator Twiss to ascertain.
Investigator Twiss detained me from going into court on official proceedings: 18 U.S.C.1515 (a) (1), (i) a proceeding before a judge or court of the United States which is Obstruction of Justice, 18 U.S.C 1503, which is also a Perversion of Justice, PC 182.5, which is also Contempt of Court. And, I received no Miranda rights: California v. Prysock 453 U.S. 355 (1981).
No one can be punished for disobedience of a void order. Mitchell v. Superior Court (1972) 28 Cal. App. 3d 759, 764, citing Fortenbury v. Superior Court (1940) 16 Cal. 2d 405, 408-09; see In re Berry (1968) 68 Cal. 2d 137, 147
Twiss handcuffed me, refused to let me appear in court, and would not hear what I had to say; he literally marched me through the court house, to HONORABLE B. J. BJORK, who imposed on me the excessive, unconstitutional,unreasonable bail of $500,000 -- on a unproven misdemeanor!
The Eighth Amendment itself does not speak of any right to bail, but it does prohibit the imposition of excessive bail.
I asked Judge Bjork for release on my own recognizance (O.R.), and told him the order is void. In a most rude, and insensitive manner, Judge Bjork denied me O.R., and told me, You had better hope the order is void! and then he had me incarcerated in jail, where I was not allowed even a phone call until June 22, and remained for over a year, suffering much well-documented abuse.
An officer may detain a person for a reasonable time to conduct their investigation, Terry v. Ohio, 392 U.S. 1 (1968). Rich Twiss did no investigation; he in fact ignored me. And, Judge Bjork could have looked at the case, on the computer to see it was void, and, he could have allowed me to continue on into court.
I believe, Judge Bjork and Mr. Twiss was guilty of recklessness, oppression, fraud and malice in this commission of abuse against me.
Elder Abuse Law: Penal Code 368: Elder abuse protection applies to any resident in California who is 65 years of age or older; Broadly speaking, abuse includes physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering...
On April 4, 2008, at 8:30 AM, I was back in DEPT. 3N before Judge, B. J. Bjork. He was his usual rude self.
It has taken me months to emotionally begin to pursue the necessary complaints in this case, and, there are many -- which I have had served, and are now recorded in the court record of this case.