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6306 version 2.03
The Ron Fox Story. 18 Motions ignored so far.:
Links to each of Ron Fox’s 21 motions are listed below the horizontal line.
This page is www.lawyerdude.8k.com/ronfox.html
Related pages:
This page is listed on my page of 40 motions: http://www.circuitlawyer.8m.com/traffic.html There are many other case histories on that page - or linked to it.
Call Lawyerdude: 805 815 3599. Email: Lawyerdude@adelphia.net Lawyerdude1989@yahoo.com Instant mail me on Yahoo. I am Lawyerdude1989.
My phone number and email address may change from time to time. If the telephone number or email address on this page is outdated then please join my group http://www.groups.yahoo.com/group/the_lawyerdude or migrate to more recent pages. There is a 4 digit number up in the top left corner of the page. Not the counter number. There is often a date at the bottom of the page. Migrate to newer pages to see my newer telephone number and email address.
The Ron Fox Story
In this left column is a list of links to the motions filed by Lawyerdude in Ron’s cases. I would love to link to motions written by other lawyers in Ron’s case, but they wrote no motions.
This is . . .
The Written Word.
The pen is mightier than the mouth. The written word is more powerful than the oral words spoken in court. The written motions carry more impact than the oral words spoken by most lawyers as a substitute for the written word. It is easier for slackers to show up in court and make deals.
In this right column is a narrative history of the case. Here we report what happened with the written motions.
Generally speaking, this is. . ..
The Spoken Word
and narrative history
Prologue
Here is the story of the Ron Fox case. We could use some help in Bay City, Michigan. This is one of Lawyerdude’s 7 projects. Here the projects are described at the following link: http://www.lawyerdude.8k.com/projects.html
Ron is an unusual guy. Ron was run over twice when he was a child. When he was an adult he fell through a stair step and fell one story landing on his head. All 3 incidents resulted in head injury and hospitalization. Ron has some dyslexia. Technically he is mentally disabled but you might not know it to talk to him or read his writing. Example: “Like I said, I will send them police reports when my wife get home and the other things that are in the case. I hope that you have enough infomation for
now. I'm going to court now. No deals except for a missameter.” Some times he gets hung up on a word. That is from falling on his head.
This story began in 1997 when Ron Fox’s Grandmother died. Ron drove 4 hours to his brother’s house for the funeral. Ron was falsely accused of very minor sexual impropriety. Ron eventually pled no contest in a forum far from his home. His sentence was probation with no time served. He spent no time in jail. He pleaded in order to end the ordeal - even though he was innocent of any sexual impropriety. The alleged event happened while Ron was sleeping. Ron went to the police station at the urging of his disloyal brother who deceived Ron into thinking that it was the right thing to do. Then within months Michigan passed ex post facto laws affecting persons previously convicted of violating their oppressive sex laws.
Now Ron, innocent from the beginning, is a victim to an unconstitutional law.
Ron was happily married at the time. His wife knows all about it and knows that Ron is innocent. Ron registered as a sex offender - even though the law is unconstitutional. On June 3, 2002, a judge in Michigan declared the law unconstitutional but on February 23rd 2004 the federal appellate court overturned the judge. Ron is now challenging that same statute.
Ron was imprisoned around January 29, 2004. On that day a blind angry judge with a toothache increased Ron’s bail to $100,000 when Ron appeared for 3 motions that I wrote for him.
Here is a link to the opiniondeclaring the law unconstitutional: http://www.lawyerdude.netfirms.com/5441.html Here is a link to Lawyerdude’s page regarding unconstitutional sex registration laws: http://www.lawyerdude.8m.com/5125.html Even though the law was declared unconstitutional, the police and neighbors continued to harass Ron. You can’t unring a bell.
Bad neighbors stand in front of Ron’s house and yell obscenities
until Judge Newcombe stops them
Ron’s neighbors, _________________, began to harass Ron. They found his picture on the internet. They went to Ron’s house and yelled obscenities at him and called him a pervert. Ron took these neighbors to court and Judge Newcombe ordered the neighbors to stop harassing Ron. The police continued to harass Ron, coming to his house approximately 20 times in the year 2003.
Ron drove safely home a few blocks. Police broke his windows.
Then in October, 2003, Ron was waiting in traffic near the river for a lift bridge to come back down. One of the police who had regularly harassed Ron at his house was now in a police car. When traffic moved again, this cop did a u-turn to harass Ron some more. The cop turned on his lights. Ron was a few blocks from home and his drove home to his place of safety. Ron then locked the door on his van and grabbed his camera. He took photographs of the police who were now at his van. The police smashed the windows on both sides of Ron’s van. Then they pulled Ron from the van and pushed his face into the pavement as they always do in a felony stop. They took Ron’s camera and won’ t give it back.
Officer lies and now Ron faces up to 8 years in prison for simply driving home.
The main instigating officer lied one his 2nd police report saying that Ron slammed the door on his arm. This is an obvious lie and he did not mention it right away. They gave Ron no ticket. The prosecutor “overcharged” Ron in order to induce a plea. Ron now faced 8 years in prison for attacking a police officer.
May 9, 2004 The Ron Fox story. Link to most popular pages.
Ron filed a section 1983 complaint on his own.
A judge dismissed his case without prejudice. The police retaliated by continuing to visit Ron’s house and yelling at him through the door. Ron’s wife and child could not bear the police abuse. They moved away and rented a house elsewhere.
On 10 December 2003 Ron called Lawyerdude.
I should have jumped into action earlier. I apologize for that. I did not realize that safely driving home could blossom into a possible 8 year prison sentence.
On Tuesday January 27th I filed this motion for Ron
The court wanted to send Ron to a forensic psychiatrist against his will. His public defender would do nothing - not even return calls to me or Ron. Therefore I filed this motion for Ron:
http://www.lawyerdude.netfirms.com/6201.html
They tricked me into agreeing to a blind judge!
On Monday 26 Jan or maybe Tuesday I called to set up a temporary restraining order. The clerk said that Judge Newcombe was not available until after Ron would have already left for the testing. The clerk said “Judge Alson is available; would you like to have Judge Alston?” The clerk neglected to tell me one thing: Judge Alston is blind! This might not be so important if I were there to talk in person, but Ron was going to court to present my written papers. The judge would not hear me. He would only read what I said.
I also wrote a Marsden motion and Suppression Motion
http://www.lawyerdude.netfirms.com/6202.html is the Marsden motion.
http://www.lawyerdude.netfirms.com/6203.html is the suppression motion.
Ron took these motions with them. They completely ignored these motions.
.
Before I got on the case, Jennifer Barnes should have filed a discovery demand for the camera and the film. We need to make that demand and go back to first base.
1st motion by lawyerdude: Objection to getting his mind inspected. January 27th 2004 in front of blind judge Alston in Bay City Michigan. They did not tell me that he was blind! http://www.lawyerdude.netfirms.com/6201.html
This forensic testing was demanded by his then lawyer Jennifer Barnes. She should have honored Ron’s wishes not to be further tested. The blind judge with a toothache raised Ron’s bail to $100,000. The court recorder says that she did not record half of the session, but she did take time to call to the court of appeal and poison the well so that my attempt to get appellate relief was sabotaged. The clerk at the higher court intercepted my papers and told me that no judge would see them.
2nd motion. January 27th. Motion to Suppress Evidence. http://www.lawyerdude.netfirms.com/6203.html This motion was completely ignored.
3rd motion. January 27th. Marsden motion to fire his appointed lawyer Jennifer Barnes the evil woman who obtained a court order to get Ron’s head shrunk and would not follow Ron’s demand to undo the order. Ron ended up in jail and she was happy about it. http://www.lawyerdude.netfirms.com/6202.html
4th motion. January 28th. Appeal to Judge Newcombe, the judge assigned to Ron’s case. Notice of Interlocutory Appeal. Request for Stay of Psych Testing this morning. Ron is presumably on the way to Lansing. http://www.lawyerdude.netfirms.com/6207.html
5th motion. January 28th . Notice to blind judge Alston of interlocutory appeal. Application for stay. I guess he did not see this motion. http://www.lawyerdude.netfirms.com/6204.html
6th motion. January 28th To: Presiding Judge of Circuit Court: Request for Stay of “Voluntary” Psych Testing this morning. Ron is presumably on the way to Lansing. http://www.lawyerdude.netfirms.com/6205.html
27 Jan 2004 Blind Judge Alston was on his way to the dentist
He had to rush Ron’s hearing so that he could get to the dentist on time.
Judge Alston and everybody walked out on Ron’s motion. They made no record.
I found out later that there is no court reporter anyway.
Judge Alston then came back on Calendar and retaliated by raising bail to $1/10 Million!
I got a call from Ron’s Mom in Florida. She told me that Ron called her from jail.
I talked to the court recorder. She lied saying she was a reporter.
There is a big difference. I court reporter studies for 3 years to learn how to operate the stenograph and record the conversation using her skilled fingers. By comparison, a court recorder learns how to turn on the tape recording and changes the cassettes. About 20 minutes of training. The court reporter learns ethics, English, medical and legal terminology, etc. The court reporter by comparison learns that her boss is the judge - and in this case, he is blind.
She poisoned the well at the court of appeal by calling a clerk there.
I called Alston’s court to request an expedited transcript by email. She wanted $20. Okay, so Ron’s sister took her $20. The reporter took it upon herself to poison Ron’s appeal effort by chatting with the court of appeal.
I faxed a notice of appeal with Judge Alston: I posted it on the net: http://www.lawyerdude.netfirms.com/6204.html
I faxed a notice of appeal with Judge Newcombe: I posted it on the http://www.lawyerdude.netfirms.com/6207.html
On Wednesday 28 January I faxed a petition for a write to the next higher court. I posted it to the net. Here is a link to that petition: http://www.lawyerdude.netfirms.com/6205.html Some bitch clerk intercepted it, so she says. She told me “Didn’t you talk to [court recorder’s name who I forget right now[ yesterday? This tells me that the recorder took it upon herself to sabotage our writ by using her gossip network.
Having spent 2 days (and 2 nights) on Ron’s case without any money I was tired and broke.
I spent Wednesday morning arguing with that bitch and the higher court I had to take time out to grub for food.
Thursday. Meanwhile, Ron’s wife wonders where he went.
Thursday January 29th . Meanwhile Ron’s wife did not even know that he had been put in jail. Ron had not previously introduced me to his wife. His wife sent me an email.
“When I didn't hear from him on Monday night I wasn't too concerned. But when Tues. and Wed. rolled around and no word from Ron, I became concerned. . . . .I called the morgues and hospitals in this area. (I called his family first but they wouldn't return my calls.) I finally called the jail and found out that he was arrested on Monday for resisting arrest. FOR WHAT? The cops in Bay City are corrupt and out to get him! I found your e-mail on some papers he had and knew he would want me to let you know.”
Here I deleted some text and named it 6659. Elgie commentary about blind judge in Ron Fox case. http://www.lawyerdude.s5.com/elgie.html
Monday February 2, 2004 Ron’s Mom turns against me
I talked to Ron’s Mom. She says “I am not at liberty to talk to you”. How stupid.
February 9th, Call from Saginaw deputy. Ron’s shithead paralegal non-relative, Art, complained
Detective Bitz from computer fraud was very pleasant. I answered all his questions and gave him a bunch of links to my sites.
Around March 4th my 640 member Yahoo group got whacked.
Yahoo has not answered my inquiries about that.
March 22 Report, Bad $1700 Lawyer fails
From Ron’s wife: “No, Ron's lawyer didn't get him out of jail. The lawyer was real quick to put his hand out and take money and promise to get Ron out in two weeks and that was five weeks ago. This lawyer, Ed Czuprenski, has had run ins with the police himself a couple of times over marijuana being found in an office that he used. He got off on a technicality. I guess he had a better lawyer than Ron. Anyway, Ron's lawyer went before Judge Newcombe to get Ron out of jail and the Judge said to go before Judge Alston since he's the one who revoked Ron's bail. The lawyer talked with Alston who wanted Ron seen by a mental health worker. And then, he said he would let Ron out if they said he was not dangerous. Ron has been seen by three mental health workers who all said he was not a danger to anyone and the blind judge (Alston) has the reports. That was three weeks ago and Alston has done nothing. I keep calling the lawyer, Ed, who last week told me that I was causing him "great anxiety" and to quit calling every day to see if he was doing anything for Ron. I was so shocked by what he told me that I didn't know what to say!!!! I have not talked with this lawyer since. Ron has a court date this Friday at 2:00 before Judge Newcombe to see about getting out on PR bond. I hope and pray he gets out this time but as of Sunday night's visit (yesterday) Ron says he is quite sure they will not let him out. GF “
This is typical. Ron could only bail out if he pleaded guilty!
Around May 2nd, 2004, Ron got out of jail immediately after pleading guilty
7th motion. Friday May 18th. Did Ron file this motion? I drove to Hayward, California after staying up much of the night to get these emailed to Ron in time for court. http://www.lawyerdude.8k.com/6317.html Motion for Ron to continuance arraignment in order to obtain counsel. This may be in the fresh case for failing to register on the sex offender list.
8th motion. There is no 8th motion.
9th motion. Motion to recuse blind judge Alston. http://www.lawyerdude.8k.com/6318.html
10th motion. Motion in the nature of Demurrer in the sex case. We say that the statute is unconstitutonal. http://www.lawyerdude.8k.com./6464.html This is an important motion.
11th motion. Motion to continue case until July 15th. http://www.lawyerdude.8k.com/6465.html I don’t know how this motion turned out.
12th motion. Motion to continue sentencing until 13 July. http://www.lawyerdude.8k.com/ronfox.html Ron filed this but nobody argued it. His lawyer has never seen this motion. This would have been better handled if a good lawyer had been there.
13th motion. Motion to withdraw plea. http://www.lawyerdude.8k.com/6467.html
14th motion. Recusal motion. I did not write that motion yet.
Ron has these two motions with him in court today Tuesday, June 15, 2004 :
15th motion. http://www.lawyerdude.8k.com/6470.html took with him to court. At 8 a.m.
16th motion. http://www.lawyerdude.8k.com/6471.html took with him to court.
Here is what happened on Tuesday, June 15, 2004: Sentencing Delayed.
5:32 a.m. (8:32 in Michigan) Ron calls me from court. He presented today’s two motions that I wrote for him overnight. His lawyer had an unrecorded sidebar alone with the judge. That would be the Marsden motion discussion to fire this lawyer. Ron called me just now to say that his lawyer said that if Ron were to be sentenced today there would be no jail time - just go home - but Ron has already served 90 days in jail and he only went home after pleading guilty. There is the defective logic that if he revokes his plea then he goes back to jail under the $100,000 bail.
5:35 His lawyer will ask for more time.
6:15 a.m. (9:15 in Michigan) Call from Ron. He is okay. He remains free. He must file all motions by next Monday.
17th motion. Discovery motion to get the police reports, police radio traffic, film and the camera. Ron was taking pictures of the cops as they were threatening to smash the windows on his van. They smashed the windows on his van. They confiscated his film and his camera. http://www.lawyerdude.8k.com/6472.html I wrote this motion on Thursday, June 17, 2004 Thursday for Ron to file that day.
18th Motion. Demand for relief from that angry imposition of $100,00 bail by the blind judge without jurisdiction.
http://www.lawyerdude.8k.com/6473.html
19th motion. http://www.lawyerdude.s5.com/6474.html June 2004.
Day before Thanksgiving 2004. Breakthrough. I picked up the 220 page record from Saint Ignace in my mailbox. Ron worked hard to get that record from the court there. I read it straight through for 12 hour and wrote an analysis and emailed it to Ron. Now I know that Ron is innocent in the underlying crime.
20th motion. December 9, 2004. Thursday. Success! Withdrew plea. http://www.lawyerdude.s5.com/6617.html I wrote the motion overnight. I faxed it to Attorney Paul Beggs in Bay City, Michigan. Paul argued the motion and won - and then he withdrew from the case.
December 26th. Breakthrough. A volunteer gives us a copy of pertinent sections of the Model Penal code pertaining to mens re and sleeping in particular.
Here is a link to the Robinson case regarding the unconstitutionality of mere “status crimes” with no mens re:
http://www.lawyerdude.s5.com/robinson.html
Here is a link to a treatise regarding the oppressive attempt to eliminate mens re by stealthy encroachment:
http://wings.buffalo.edu/law/bclc/bclrarticles/4(1)/singerpdf.pdf
Search: http://www.google.com/search?hl=en&q=model+penal+code&btnG=Google+Search
21st motion. http://www.lawyerdude.s5.com/ignace.html Motion in St. Ignace to re-open the case and dismiss it due to factual impossibility due to missing element of the crime. The missing element is the specific mental state mentioned in the statute. Ron had no mens re and no mental state because he was sleeping. Set for Thursday 10 Feb 2005.
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