Happy Occuversary!

#HappyOccuversary!

Happy Occuversary! by StayOccupied

Are You A Class Member?

On June 16, 2014, filmmaker/activist Melissa Balin, filed a Pro Se Complex Civil Class Action Against the City & County of Los Angeles, on behalf of herself and all those similarly situated, Case #BC549174, assigned to Judge Lee Smalley Edmon in Department 322.

If you or someone you know has suffered a miscarriage or involuntary sterilization while in the custody of Los Angeles County;
or
If you or someone you know has had their competency falsified or a conservatorship falsified in the Los Angeles Mental Health Court (Departments 95 and 95A);

You may be entitled to an investigation and possible reparations for unconscionable human rights violations, and Monell violations since 1994:

A Civil Class Action by StayOccupied

Please #ShareYourStory and Forward to any potential class members (or their family members if the class member is deceased), whether they continue to reside in Los Angeles County or elsewhere.

Three things cannot be long hidden: the sun, the moon, and the Truth- Buddha

Melissa Balin Has Been Occupied

Melissa Balin was an internationally recognized member of the media and mildly successful independent filmmaker with no criminal record or prior arrests, whose credits included working with Paris Hilton, Beyonce and Shepard Fairey, when she began filming Occupy LA on October 1, 2011 and joined the peaceful protest, through its unconstitutional tactical eviction on November 30, 2011.  Balin became the Official Media Liasion for the Repatriated Sovereign Nation of Freedom & Peace (the NorthEast quadrant of the South Lawn of LA City Hall) on October 10, 2011 and declared her formal change of address on October 12, 2011 to LA City Council in support of Resolution 33 (passed unanimously as complicit understanding of the landlord per California Tenant Rights). 

In spite or because of community outreach and communications between Melissa Balin and members of LA City Council, Chief Beck's Office, and City Attorney Carmen Trutanich's Office; Melissa Balin was the target of harassment by the LAPD, LBPD, and LA Sheriff's Department including but not limited to THREE UNCONSTITUTIONAL ARRESTS FOR HER KNOWN ASSOCIATION WITH OCCUPY, OVER A THIRTY DAY PERIOD (11/14/2011 & 11/30/2011 & 12/15/2011), TORTURE & WITHHOLDING OF MEDICAL ATTENTION WHILE PREGNANT and MALICIOUS PROSECUTION OF FALSIFIED CHARGES resulting in the MISCARRIAGE OF HER FIRST PREGNANCY on 12/23/2011.

In an effort to discredit Melissa Balin's excessive force claims and cover up the City and County's involvement in civil rights violations of Balin's due process, including but not limited to the right to be free from excessive force resulting in the unlawful termination of pregnancy; Balin was maliciously prosecuted by the City Attorney's Office FOR MORE THAN FIFTEEN MONTHS FOR FALSIFIED CONTEMPT OF COURT CHARGES (#1CA16847-02) even though Judge Rene Korn stated December 8, 2011 that she “never found the female in Contempt”.  The court removed Balin’s court-appointed counsel of almost one year, Johnny Lai, over and against Balin’s objections and left her WITHOUT ANY LEGAL COUNSEL WHATSOEVER FOR MORE THAN TWO WEEKS, incidentally failing to notify her of her right to appeal the decision. 

After thirteen months of withholding exculpatory evidence without a trial, when Balin still refused to cop a plea for a falsified crime she did not commit, the court questioned her "Competency To Stand Trial" at the not-so-sua sponte behest of Judge Henry Barela and Anthony Tahan, her own court-appointed defense attorney newly assigned her by the Executive Director of the ICDA (Indigent Criminal Defense Appointments Program) himself, Zeke Perlo, in a Kafka-esque series of Kangaroo hearings (#ZM020322) without cause or review of the case whatsoever, let alone collateral data beginning  December 5, 2012 and resulting in a Competency To Stand Trial Hearing in Department 95 of the State’s only dedicated Mental Health Court by Judge Samantha Jessner (parenthetically the daughter of the first female president of the LA County Bar Association) on December 20, 2012 until January 30, 2013.  To this date the LA Superior Court refuses to correct public record that shows Balin to be involuntarily committed and force medicated from December 20, 2012 until June 16, 2013 through falsified medical and court documents on December 5 & December 20, 2012, causing continued emotional and financial hardship to the Balin family. 

When Balin appealed decisions, she was "accidentally" given the designation "Sexually Violent Predator" by clerk Abraham Torres while he was impersonating clerk Daniel Potter to whom he bears no physical resemblance whatsoever.  Whenever “unexplainable errors” such as these were "discovered" they would be corrected and any evidence of them mysteriously erased from the files.  Some files would disappear completely, or public documents would be "accidentally" sealed as "Confidential".  Melissa Balin was denied due process and endured Malfeasances of Justice amounting to a byzantine #ReignOfErrors and ex parte tea partays from November 16, 2011 until February 25, 2013, when the charges were finally dropped In The Interest of Justice (1385). 

On July 17, 2012, Melissa Balin was physically attacked outside of her family home by an unidentified assailant, who stole only her phone and no other belongings she had on her person, punching her in the face and escaping on the passenger side of a getaway car.  The LAPD failed to investigate the matter.

In an effort to observe the State statute of limitations on personal injury, and avoid any further misappropriation of limited taxpayer resources, Balin filed against the City of Los Angeles in Small Claims Court on January 16, 2013 for their wanton destruction of civilian property and curated art on November 30, 2011.  The Small Claims Case (#LAM-13M00544) was dragged along by City and County Attorneys (even though ATTORNEYS ARE NOT EVEN ALLOWED TO FILE IN SMALL CLAIMS COURT) and even REASSIGNED JUDGES AFTER TAKEN UNDER SUBMISSION WITHOUT CAUSE OR RECUSAL until $250 of the $9k claim was awarded Melissa Balin, The Plaintiff, by Judge Alan Rosenfield on November 8, 2013, without any explanation of the amount designated.  Although the ruling was never signed, it was exemplified by Presiding Justice, Judge David Wesley, on November 14, 2013. 

It is worth noting, that the City of LA never appealed Judge Rosenfield’s decision NOR did they satisfy the judgement, forcing Balin to file an Abstract with the County of Los Angeles, and obtain a Court Order for the City to pay.  When the City finally brought a check to court in February 2014, they tried to feign it off as a “settlement” when in fact it is painfully worth noting that the City of LA refused to even discuss settlement with Balin since their receipt of claim letter dated June 1, 2012, their subsequent denial of claim letter dated July 16, 2012, and in full public view on April 30, 2013.

To this date, in spite of multiple allegations of heinous criminal conduct against innocent people; no investigation has ever been conducted into the treatment of pregnant women incarcerated in Los Angeles County (including the documented and involuntary sterilization of at least 150 women), nor the unconstitutional Mental Health Court of Los Angeles County, nor the continued practice of obstruction of justice and subornation of perjury within the LA Superior Court’s “back-dating” filing system.  Melissa Balin continues to file complaints (viewable at http://www.scribd.com/StayOccupied) with every possible avenue on a local and federal level, no longer with the hopes of Justice ever being served, but in a dogmatic and therapeutic quest to have truly exhausted all administrative remedies and thereby have proven their ineffectualness, including, but not limited to:

Ø    the California Commission on Judicial Performance

Ø    the California State Bar

Ø    LA Sheriff’s Department & LAPD Internal Affairs Divisions

Ø    Department of the Ombudsman

Ø    Long Beach & Los Angeles City Attorney’s Offices

Ø    Los Angeles County District Attorney’s Justice System Integrity Division

Ø    the Executive Director of the Department of Mental Health Marvin Southard

Ø    Department of Mental Health Patients’ Rights Division

Ø    the Indigent Criminal Defense Appointments Program (ICDA)

Ø    the Attorney Generals’ Public Inquiry Unit

Ø    the FBI Civil Rights Unit

Ø    and the Department of Justice Special Litigation Unit;

all of whom have closed the matter WITHOUT ANY REVIEW OR INVESTIGATION WHATSOEVER. 

Balin’s family residence was burglarized on April 13, 2014, while her parents were home and asleep in their bed.  Only Melissa Balin’s camera, case evidence and prescription medications were stolen, by a man the District Attorney’s Office and LAPD deny as being an informant, Scott Matthew Washburn, even though he shows up in the DOJ records as a Witness in a 2007 case they claim is “unrelated”.  It is worth noting that in spite of video surveillance evidence of at least two hours on the property, a confession by the suspect himself, and a 26-second video clip of the suspect and two female accomplices captured on the stolen property itself, stating, “I’m thinking about keeping that camera”; charges of Burglary were dismissed at the Preliminary Hearing on May 2, 2014 by Judge Leslie A. Dunn, without allowing Balin to make a statement as was her right according to Marsy’s Law and without reviewing ANY of the evidence.  The suspect’s two female accomplices remain at large while the suspect, Scott Matthew Washburn, ironically awaits a plea bargain, for one count of “Trespassing” and one count of “Possession of Narcotics” in spite of repeated convictions and a current probation violation and existing bench warrant for Washburn in the City of Burbank. 

Balin says she feels “Lucky To Be Alive To Tell The Tale” and is currently working on a short documentary on behalf of those not as lucky; Rest In Peace Aaron Swartz, Charlie Castle, Raymond Horspool, Kelly Thomas, Alan Blueford, Oscar Grant III, Ernest Duenez Jr., Michael Hastings and countless others awaiting Justice; to be presented to the Senate Judiciary Committee, entitled Miscarriage of Justice, that illustrates how her unconstitutional treatment is indicative of a pattern of discriminatory policies designed not only to favor corporate sponsors of the Court, but to actually commit harm to the indigent and unpopular defendants of Los Angeles County in an effort to mitigate “Risk Management” of Claims for Damages by the People.  Balin hopes to effect drastic reforms in the abuse of Judicial Immunity that include cameras in the courtrooms and civilian oversight to eradicate selective enforcement bought through political endorsement.

Melissa Balin asks people to share their own stories and evidence of #MalfeasanceOfJustice as either a Defendant or a Victim of the System, throughout their social media networks under the hashtag campaign:   #ReignOfErrors.

#OLA292 #VictoryDonuts

TODAY, February 19, 2014, The City of Los Angeles is ordered by Judge Jeffrey Winikow to tender a check to Plaintiff, Melissa Balin, in Open Court at 8:30 AM in Department 90.  An Abstract has already been issued against the City of LA for their default... #StayTuned!

LA Superior Court Orders City of LA to Pay Melissa Balin in Open Court by StayOccupied

MelissaBalinForGovernor

TotallyRadical!?!  If you are over the age of 18 and live in the Great State of California, you can help gather signatures for Melissa Balin to run for Governor of California 2014!  Just Download & Print the Petition below and make sure to send it in to the appropriate County before February 20, 2014!

Melissa Balin for Governor Petition by StayOccupied

Wherever you live, please consider making a donation to NoKidHungry.Org in order to illustrate just how far a campaign finance dollar could really go!

http://join.nokidhungry.org/goto/TeamMelissaBalin

Chalk Up One Tiny Win For Occupy

On November 8, 2013, LA Superior Court Judge, Alan Rosenfield, entered a Judgement in Case #LAM-13M00544, ordering the City of Los Angeles (Public Entity) pay the Plaintiff (#OLA292 arrestee & filmmaker, Melissa Balin) $250 for damages to Balin's personal property incurred by the City of Los Angeles at LA City Hall on November 30 & December 1, 2011 in the raid against the peaceful protesters of Occupy LA.  Balin's original claim was for the amount of $9,887.82 for "destruction of domicile, personal damages, and destruction of original art".

Judgement in case #LAM-13M00544 by StayOccupied

We are not sure how the Judge came to his ruling or the dollar figure to be awarded, but ANY amount awarded the Plaintiff, no matter how small, is #WINNING for Occupy!  While it may be a figurative slap in the face to compensatory justice, on an injunctive level, the ruling would indicate that the City of LA, was indeed guilty of the claims alleged and this ruling alone should warrant further investigation into Monell violations most unbecoming. 

Here is some important intel that we did learn from the tiny little "David versus Goliath" small claims trial in Departnment 31 finally held on November 7 & 8, 2013 (filed by Balin in January and continued twice by the City of LA, taken under submission April 30, and continued and transferred again over the plaintiff's objections) at the Stanley Mosk Courthouse:

#1:  Lieutenant Brian Morrison #30789 of the LAPD testified that he began tactical planning of the removal of the peaceful protesters as early as NOVEMBER 3, 2011, when he traveled with others to Oakland for a tactical consultation with various City Officials regarding unforseen issues in their preceding eviction of peaceful protesters.  [This would indicate a premeditation and collusion on the part of City Officials to violate  the constitutional rights of peaceful protesters under the Color of Law.]

#2:  Sergeant Oppepelt of the LAPD testified that he was one of the officers who stepped in feces on the scene November 30, 2011.  He was unable to recall exactly where he stepped in feces, nor was he able to confirm if the feces was human or animal, nor was he able to deny that it could have been the feces of LAPD officers- at which point, the Judge admonished everyone for decorum as such accusations were unbecoming.  It was duly noted by all parties, that it was equally offensive to Balin for it to be implied that the feces belonged to Occupiers, when in fact, no specimens were saved to support the fictional allegations of a public health hazard.

#3:  NO feces was found in the #SovereignTreeHouse area aka "The Sovereign Nation of Freedom & Peace" that the LAPD called  "Sector 1" because it was on lock-down for the "extraction" of the peaceful protesters in the tree until after 4 AM.  It was noted for the record (as submitted evidence from the LA Times) that LAPD exercised "Lethal Force" in the "extraction" under lackluster investigation by Internal Affairs.

#3:  LAPD Property Officers Iksoo Kim and Eduardo Gonzales testified that only 75 items were salvaged from the November 30th tactical mission and that 29 of those items remained unclaimed and were destroyed after 90 days.  That list of various and sundry items included a bike, a camera, a hammer, and a skateboard.  The officers testified that the original plan was to salvage and tag items of value on site, but within an hour, the plan was modified due to the supposed declaration of a health hazard by HazMat.

#4:  Through questioning and clarification of witness testimony, it was discovered by all parties that HAZMAT WAS NOT EVEN ON THE SCENE AT THE TIME OF THE ALLEGED HAZMAT DECLARATION.  Lieutenant Morrison clarified that the men in white coveralls in the photos of the LA Times, were actually undercover detectives wearing gun holsters and many photographed were not even wearing their protective masks during an alleged health hazard.  At this point, "I don't recall" became the standard answer and our shadowy glimpse into the dark underworld ended as the curtain draped close and Judge Rosenfield said, "I think I've heard all I need to on this case, you've brought up some interesting points Ms. Balin"...

These should be interesting points to raise in the recently certified and upcoming civil class action Federal lawsuit for the 292 cases of false arrests, unlawful imprisonments, and malicious prosecutions levied by the City of Los Angeles against its peaceful citizens known as the Occupy LA International & Intentional Tort.  #StayTuned & #StayOccupied!

Melissa Balin sues the City of Los Angeles

Occupy LA 292 Case to be heard November 7^th at Stanley Mosk Courthouse

Melissa Balin sues the City of Los Angeles in Case #LAM-13M00544

Monday, November 4, 2013—LOS ANGELES, CA—After three continuances granted the City of Los Angeles over and against the Plaintiff, Melissa Balin’s objections; the Occupy related case may finally be heard this Thursday, November 7, 2013 at 9:00AM in Department One of the Stanley Mosk Courthouse in Los Angeles, California.

Melissa Balin is an internationally recognized filmmaker, who was one of the 292 people arrested the morning of November 30, 2011, to come to be known as the #OLA292.  It would be the second of three false arrests and imprisonments Balin was subjected to over a thirty-day period, which resulted in the miscarriage of her first pregnancy.  It is worth noting that Melissa Balin had never been arrested prior to her known association with Occupy LA, often worked directly with government officials, and had even been a repeat producer for the Police Officer of the Year Award Show for Court TV.  Balin became the Official Media Liaison for the Sovereign Nation of Freedom & Peace, when she publicly announced the repatriation of the land surrounding City Hall at the Occupy LA General Assembly on October 10, 2011, in the name of usufruct by “We The People”, and discovery by the Tongva People in 9,000 B.C. 

Although publicly mocked, Balin officially changed her address to the lawn of City Hall in a speech on public record to Los Angeles City Council on October 12, 2011, after which, City Council voted unanimously to “support” Occupy LA through Resolution 33.  From that point on, Occupy LA and the Sovereign Nation of Freedom & Peace became a California Tenants’ Rights precedent, with up to 700 tents living in domicile under the complicit consent of the landlord (the City of Los Angeles) for more than thirty days.  On November 29, 2011, without any proper eviction notice to those living in domicile in exercise of their First Amendment Rights for well over thirty days; the LAPD staged a military action with over 1400 officers to remove the residents of the Occupy LA tent communities.  On November 30 & December 1, 2011, civilian property and cultural & religious artifacts were wantonly destroyed and hauled off to the LA City Dump, without any preservation of evidence, other than LA Times photos. 

According to California Tenant Rights and Skid Row case law, the LAPD and Sanitation Services, has no right to destroy civilian property considered to be a domicile, such as a tent or cardboard structure, but it is widely known to be a continuing unconstitutional practice of the LAPD to throw away personal belongings of the indigent, under the guise of “cleaning up the streets”, with little or no recourse or injunctive relief in sight.  It didn’t seem like there was much Melissa Balin could do about the issue either, while she was in the midst of fighting falsified Contempt of Court charges against her from the City Attorneys’ Office from November 16, 2011 until February 25, 2013; and a falsified Involuntary Commitment by the Mental Health Court and the District Attorneys’ Office from December 5, 2011 until January 30, 2011 for her known association with Occupy Los Angeles.  With limited resources and the clock ticking on the statute of limitations, Balin filed her case with Small Claims of the Los Angeles Superior Court on January 16, 2013.

Balin explains her thought process in filing with Small Claims, “Mostly it was an attempt at a ‘David & Goliath’ move to level the playing field, because one of the few rules of Small Claims Court is “no lawyers” and I was experiencing so much bullying by the fist of outrageous prosecutorial misconduct in the handling of my Occupy bogus criminal charges, which still hadn’t been dropped at the time.  Unfortunately, that part didn’t really work, because they have allowed at least NINE City and County attorneys to file frivolous motions against me accusing ME of harassment for suing the City for $9,887.82?! and the case still remains to be heard even though the City has never contested ANY of the uncontroverted statement of facts in our claims since the case was filed at the beginning of the year.  They don’t dispute that we had the consent of the landlord.  They don’t dispute that we did NOT pay rent.  They don’t dispute that we were in domicile for more than thirty days.  They don’t dispute that they threw away our property.  Yet they refuse to settle and refuse to go to court.”

The destroyed property named in the suit for $9,887.82 includes a Coleman Six-Man tent, the laptop used to record Occupy depositions for the Law Offices of Bruce Margolin, and original art and priceless signed memorabilia being curated for the Sovereign Nation of Freedom & Peace, including missives by civil rights activists Richard Eastman & Dennis Peron, photographs by Annie Appel, prints by Shepard Fairey, and three of the infamous American Flag shield functional art pieces by SABER.

ABOUT Case #LAM-13M00544 - Melissa Balin v. City of Los Angeles, is scheduled to be heard at 9:00 AM (PDT) in Department 1 of the Stanley Mosk Courthouse at 111 North Hill Street, Los Angeles, CA, 90012.  The case was filed on January 16, 2013 and taken under submission on April 30, 2013.

OLA #N30 Small Claims Suit by StayOccupied

To find out more about Melissa Balin and her known association with Occupy LA and the Sovereign Nation of Freedom & Peace, please visit http://www.change.org/petitions/miscarriage-of-justice and to review all of her pro per and pro se filings with the Los Angeles Superior Court please go to  http://www.scribd.com/StayOccupied 

To schedule an interview with Melissa Balin or other members of the #OLA292, please e-mail stayoccupied@gmail.com or contact her directly at 323.839.0149.