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I ask that Judge Alston recuse himself. He set my bail at $100,000 for no reason but spite. He ordered the staff to leave the court room and refused to consider my Suppression motion and my Motion to fire my lawyer. I had both of them written out neatly and with me in court that day. He lied saying that there was something about my papers indicating that they were prepared by a non-lawyer. My papers were very good.

I have a constitutional right to have my case heard by a judge who is not prejudiced against me.

I have a constitutional right to have my papers read by a judge with vision - or at least one who can compensate for his blindness. The prejudice of the people who read the papers to the judge now become the prejudice of the judge. Therefore I ask for this recusal on the basis that the court recorder is prejudiced against me in that she took it upon herself to poison the next higher court by conspiring with the clerk at the higher court to refuse to show my papers to any judge in that court.

When I was a child I was run over by a car twice. I fell from the 2^nd floor. Those 3 head injuries cause me some problems. In the year 1997 I was falsely accused of a sexual crime. I was then factually innocent. The sex registration act was declared unconstitutional. Here is a link to the opinion/ case declaring the law unconstitutional. http://www.lawyerdude.netfirms.com/5441.html On February 23 of this year the federal court of appeal overturned the opinion of the Judge Victoria regarding the unconstitutionality of the registration act - but my case is better than the that case.

On Tuesday, January 27, 2004, I presented 3 motions on Judge Alston’s court. I went to Alston because Judge Newcombe was busy. The 3 motions were:

1 A motion to revoke Jennifer Barns’s request for testing. The court may not have realized that this was not a court ordered testing except to the extent that the court granted the request of Jennifer Barnes, a request that was without my consent.

Judge Alston then unfairly raised my bail to $100,000 - excessive bail. Judge Alston put me in jail until I agreed to plead guilty in order to get out of jail. That was on 27 January. Then about a month later, on February 23^rd, Judge Victoria’s opinion was overruled. So now I know.

My relative by marriage, Arthur Schupback, visited Judge Alston to inquire as to the excessive bail. The judge told him it was none of his business and to “stay out of it”.

I am a peaceful person. I always show up in court. There was no reason for that bail except to make me plead guilty to get out of jail after 90 days.

I, Douglas Palaschak, declare the following under penalty of perjury: I have 20 years experience as an Attorney specializing in bankruptcy, constitutional law, traffic cases, and cases pertaining to the struggle of the individual human against the bureaucracy. I am an expert in the standards of effectiveness of appointed counsel. I wrote an improved standard/ defendant bill of rights. Here is a link to my improved standard: http://www.circuitlawyer.8m.com/5635.html

When I set the motions for Ron, nobody told me that Judge Alston is blind. If I cannot be there to speak orally, then vision is even more critical. My papers were good. Judge Alson lied when he said that they were somehow not prepared by a lawyer.

Nobody told me until afterwards that Judge Alston had to leave court early to go to a dentist appointment.

When I attempted to appeal the case to a higher court I discovered that Judge Alston’s recorder had poisoned the well by contacting the court of appeal. She contacted some rookie lawyer there who told me that she was refusing to file Ron’s notice of appeal.

I had a previous case regarding Michigan’s registration law. Michigan’s law is defective in that it does not permit the authorities to tell another jurisdiction the degree of risk for the alleged sex offender. In the previous case, the alleged offender moved to Arizona to live with his girlfriend. What the alleged offender did is not even a crime today due to a modernization of Michigan’s penal code. However, because Michigan does not share information about the crime (or even rank the severity of the crime) the Arizona authorities had no way of knowing. Therefore, under Arizona law, they were required to rank the alleged offender as medium even though this alleged offense would be no offense at all under today’s law. The Tempe police visited her apartment complex and ordered them to evict the alleged offender and his girlfriend. The apartment evicted them. They sued. The apartment complex settled. I don’t know what is the status with regard to the other defendants. The plaintiffs are Jennifer Simmer and Todd Kitching.

I have reviewed Ron’s case. He is a victim of ineffective assistance of counsel. Ron has been right; his lawyers are wrong and the have been dreadfully incompetent, negligent, and ineffective. On Tuesday, January 27, 2004 at 1 pm Michigan time, I again telephoned the office of Attorney Jennifer Barns. I spoke with Secretary Terry. I notified her that Ronald Fox would appear that day before Judge Alston. Secretary Terry said that she was happy that Ron was firing Barnes “because he needs some help”. Obviously the antagonism toward Ron by his own lawyer was apparent even to the secretary there.

I am informed by Ron that Judge Alston and the court staff simply left the court when Ron tried to present his 3 motions. When I telephoned the court recorder she confirmed what I had heard from others: There was no record of Ron’s aborted hearing on his motion. Nor was there a ruling on his motions. I was outraged to hear that Judge Alston raised the bail to $100,000 - without any reason. There was no bail hearing scheduled. Ron’s due process was denied. Ron only got out of jail by pleading guilty. This was an extracted plea. Moreover it was an attempt to influence a witness in a federal case. The obvious purpose is to preclude Ron from seeking redress against the police who broke the windows in his van and harassed him on 20 occasions at Ron’s residence.

I am in formed that Ron’s relative by marriage, Arthur Schupback, visited Judge Alston to inquire as to the excessive bail. The judge told him it was none of his business and to “stay out of it”.

In 20 years of experience I can think of nothing as vindictive and mean as what Judge Alton did. There was no bail motion on for that day. The judge is in no position to make an evaluation of mental stability. Ron’s have never in his life been mentally or emotionally unstable. Even a layman, Arthur Schupback, saw the inappropriateness of the bail. When Art made an inquiry he was rebuffed.

Broadly speaking a defendant enjoys the right to make decisions in his case. Faretta v California (1975) 422 U.S. 806. Here is a link to the Faretta case: http://www.lawyerdude.netfirms.com/faretta.html

In Griffin v Illinois (1956), 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055 http://www.circuitlawyer.8m.com/griffin.html , Justice Douglas, speaking for a unanimous court, said that a defendant deserves due process at every stage of the criminal proceeding.

“Consequently at all stages of the proceedings the Due Process and Equal Protection Clauses protect persons like petitioners from invidious discriminations.” - Justice Douglas in Griffin v Illinois 1956.

I cannot get due process with a judge who is prejudiced against me. I cannot get due process if the court appoints bad lawyers and ignores my written pleadings - as Judge Alston has already done in another case.

I, Gail Fox, declare the following under penalty of perjury: On Tuesday, May 18, 2004 I served this motion at the office of the prosecutor. Thereafter I filed it at the criminal filing window. It was (circle one) rejected/ accepted and filed stamped.