Miscarriage Of Justice Foetry Book Review Copy

Fotos & Poetry by Melissa Balin are being released as a collection entitled, Miscarriage Of Justice for FREE download as a Review Copy #PDFTribute to #AaronSwartzRIP.

Miscarriage Of Justice: Transforming Pain Into #aRT is poetry written during Melissa Balin's personal experience battling Injustices for her known association with Occupy Los Angeles; in the hopes to provide inspiration and edutainment to others challenged by the currently unconstitutional #JustUs system.

Miscarriage of Justice Foetry Book Review Copy by StayOccupied

 
Only a limited number of traditional books will be printed as a fundraiser for Women Seeking Justice, instead publishing the work through a series of #OpenSource tweets by @StayOccupied and on magnets exhibited in public places. 

If you would like to make a donation towards the public exhibition of the poetry and fotos on magnets being strategically placed and photographed around the courthouses of all 58 Counties in California, please click the donate button below or feel free to make a paypal donation directly to:  womenseekingjusticenow@gmail.com  

#TheMessageISTheMedium ;)

For interviews, media requests, or live speaking engagements to promote poetic justice, please e-mail stayoccupied@gmail.com 

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.

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!

#AskSnowden #PeekaBoo #WhereAreYou?

@IAmVegetable @MeatlessMonday #Chinese Eggplant #Recipe provided by #RicardoBee:

#Marinate
#Dialogue
& #Grill #LikeAWhistleblower

John Cassidy wrote a wonderful piece for the New Yorker: #WhichSideAreYouOn?

@Nightline is polling tweets for #StandWithSnowden OR #AgainstSnowden...

#DidSnowdenEvenLeaveHongKong?  #AreYouSure???

#IfIWereSnowden... well, We The People, would @StayOccupied & sit right where we were, or maybe in the Ecuadorian embassy of Hong Kong, to see what everybody tweeted and how they reacted and do a little "temperature check" as we like to say out in the field...

#Traitor? #Hero?   Anybody who paid just 1% of attention to the cruel & unusual way that Bradley Manning was and is being treated... sublimated, discredited, demonized, unconstitutionally incarcerated, or even worse, marginalized, in the cases of journalist bloggers Barret Brown and Alisa Spitzberg, or the way our own citizen journalist, Melissa Balin was prosecuted for her whistleblowing against Judge Rene Korn's complicity in a continued practice of biased policy against its sovereign citizens on November 14, 2011, FOR MORE THAN NINETEEN MONTHS until the end of her falsified SIX-MONTH Commitment Order from the unconstitutional Cruel & Unusual court out of Stalin's Playbook also known as Department 95, the ONLY DEDICATED MENTAL HEALTH COURT IN ALL 58 COUNTIES OF CALIFORNIA, RESPONSIBLE FOR A CONSPIRACY TO TRAFFICK MORE THAN 100 BILLION DOLLARS IN VETERAN'S BENEFITS, INDIGENT COUNSEL PAYMENTS, AND MENTAL HEALTH BENEFITS, SINCE ITS INCEPTION IN 1994; AS WELL AS ONLY G-D KNOWS HOW MANY BILLIONS TRAFFICKED THROUGH THE COURT OF APPEALS, where an imposter posing as Daniel Potter, erroneously designated Balin as a "Sexually Violent Predator", which could only be seen as a joke, and was apologetically "corrected" by supervising clerk Joseph Lane a few weeks later, but at a time when Balin was intended to cross state lines for a Film Festival,  and "SVP" designations are flags for detainment especially in the conservative State of Utah.  How many unpopular defendants have been erroneously given an "SVP" designation to follow them around ceremoniously?  And for the love of everything Holy, Jeffrey Douglas or some other attorney for the #ACLU- what IS the mysterious "Keep-Away Six" designation used by the LA County Sheriffs for "the ones who know their rights alot"?!?!

#ThinkGlobally & #ActLocally.

Perhaps #EdwardSnowden IS in a palace petting a phoenix.  Perhaps he is smoking a Cuban cigar on a boat headed to Iceland... Perhaps ninjas kidnapped him away from Sarah Harrison and he is in a monastery in Tibet awaiting extradition determinations... wherever he is, We hope that he is reflecting, marinating, if you will, on the next stage of dialogue, for regardless of what one thinks of Snowden's awkward travel arrangements in light of a revoked passport and an obvious political refugee defense from Jump Street- he has started an international conversation that cannot be swept under the rug. 


What are your rights?  Do you even know?  What are you willing to give up?  Who IS in Charge of all this information?  What's REALLY going on?  What's this all about?  Nobody wants to be spied on, right?  Or nobody even cares anymore?  Let's talk about it.  But not over meat, it makes people more aggressive... How about we discuss it on a @MeatlessMonday Over #ChineseEggplant, #RedOnions, #RussianBorscht made from #NonGMO #Beets or a side of #CubanMojo because while we discuss these esoteric issues like Privacy, Open Source, and Restoring the Fourth Amendment... there are small children in cities around the world going hungry wondering what we are bickering over.  So let's all remember to #EatMoreVegetables to #EndWorldHunger #WFD2013 and make a donation to @NoKidHungry!

Judge Henry Barela Needs Therapy

     HOT OFF THE PRESSES:
OFFICIAL COURT TRANSCRIPTS OF MELISSA BALIN'S TRIAL BY ORDEAL!

Did Judge Henry Barela violate the Constitution? by StayOccupied

     The following transcripts were prepared May 15, 2013 after begging and pleading the courts and Court Reporters via legal counsel, telephone, e-mail and in writing, since December 5, 2012.  They detail the secret Kangaroo Hearings of journalist Melissa Balin, as part of a perverse punishment which could be seen as treating a complainant as an adversary, as these proceedings were initiated against Balin after she had refused to take a plea for a crime she did not commit (Contempt of Court) FOR MORE THAN ONE YEAR OF FALSIFIED CHARGES and FALSIFIED INCARCERATIONS RESULTING IN THE MISCARRIAGE OF BALIN'S FIRST PREGNANCY; announced her write-in candidacy for Mayor of Los Angeles on November 7, 2012, and filed her own Writ of Habeas Corpus with the California Supreme Court on November 26, 2012, which was kicked down, denied a stay, and rejected on November 27th, December 5th and December 7th, respectively.
     Meanwhile Back At The Ranch... These Official Court Transcripts, while slightly inaccurate due to human error, whether intentional and malicious, or simply from old age and the passage of time, still indicate a bias and admitted prejudice ("It's prejudiced, I guess." on page D-3 line 12) on the part of Judge Henry Barela.  On December 5, 2012 after an ex-parte teaparty in Judge's chambers and a literal giggling in the Courtroom in full public view between assigning Judge Victor Greenberg and clerks, Judge Henry Barela declared a not-so-sua-sponte doubt as to Balin's Competency to Stand Trial.  In the Stalinesque hearings that ensue, Balin's rights to due process are flagrantly violated while her liberty is curtailed in a manner far greater than if she had remained in the criminal justice system alone, from December 5, 2012 until June 16, 2013.
     On page B-9 lines 18 & 19, Judge Henry Barela states, "I've lived in LA all my life, and I've never been to a shrink."  Perhaps Judge Henry Barela needs therapy before he be allowed to adjudicate another competency ruling in his illustrious career of persecuting sovereign female citizens of child-bearing years?  Someone should let Judge Henry Barela know that "shrink" is a pejorative term that would indicate an inability to remain impartial.  If Judge Henry Barela is the Judge on your case, you can print out this blog and use it as a "cross-complainant" to respectfully suggest that he simply choose to recuse himself based upon 170.3 section iii, for his professed inability to remain impartial in pro per cases.  Autodidacts of the law can write to the California Commission on Judicial Performance to ask for Judge Barela to be publicly disciplined for his abuse of power on the bench.

"He That Violates His Oath Profanes The Divinity Of Faith Itself."  Power To The Peaceful.

A Mother's Plea To A Wall of Silence

Carmen Trutanich is proud of his arrest and conviction record.

How many of these arrests were falsified like my daughter, filmmaker/activist and investigative journalist, Melissa Balin, on 11/14/2011 and fifteen months later we are still pleading for the dismissal of these falsified charges In The Interest of Justice?

Why was Melissa Balin’s Pitchess motion taken off the calendar and why was this highly intelligent and capable young woman shuffled off to the Mental Health Court; where, after a very brief sham interview, she was found incompetent to stand trial and committed from December 20, 2012 until June 16, 2013?

How is a competent person found incompetent and then found “restored” to competency again one month later with NO forensic evaluations or collateral data review? The Mental Health Court should be investigated including the not so honorable Judge Samantha Jessner.

After being found competent on January 30^th by Judge Jessner, Melissa Balin was sent back to criminal court the very next day, January 31, 2013 at 8:30am for falsified misdemeanor charges with the same attorney who knowingly and maliciously curtailed her liberty without cause.

Attorney Tahan refused to file her papers, causing frustration.  Judge Barela denied her media request.  Judge Barela denied her second Marsden motion and refused to allow her to represent herself. Judge Barela refused to put her Pitchess motion back on the calendar AND refused to recuse himself after stating that he was indeed prejudiced.

In the interim, her fired attorney Anthony Tahan shoved her from the back while she was giving testimony to the Judge and yelled “Shut up!” in full view of everyone present in the courtroom, and no one did or said anything.

Finally her papers got filed as she was told by Judge Barela to get out.

I am an American citizen and I feel as though I have experienced domestic terrorism in the Los Angeles Courts. With Judges lying and bullying you out of your rights… with attorneys lying, and the sheriffs and the police lying because that‘s what they are “told to do”…they will do anything to “win” regardless of where the truth lies. And when you attempt to confront them, you are labeled NOT COMPLIANT and they think they can do whatever they please because they have the power and you don’t! They are all OATH TAKERS and they are supposed to be OATH KEEPERS and their first obligation is to serve and protect the citizens. We are ‘assumed’ to be innocent until proven guilty.

Somewhere the process of Justice has taken a strange turn, and the people in charge of protecting and keeping the Constitution For The United States Of America and the California State Constitution of 1849 are not keeping their oaths.

All of these alleged “wins” are happening at the good taxpayers’ expense -ruining families’ lives wasting beyond limited taxpayer resources to fight real crime and violence.

Please investigate Carmen Trutanich and the City Attorney’s office for prosecutorial misconduct.

Please sign & share the petition to #ExonerateMelissaBalin at http://www.change.org/petitions/miscarriage-of-justice 

Join Us in Demanding Justice from virtually wherever you are at: https://www.facebook.com/events/425653347503115/

Rochelle Balin