Because of, or but for, the longstanding decades use of terms or phrases such as: Brady violation, Brady misconduct or Brady error, in criminal court cases, their use or application does not minimize or detract from the accurate and true meaning or expression, of the sole or mixed use of the term or phrase used herein and within the subject litigation what this violative conduct truly is: Brady fraud.
These governmental attorneys (prosecutorial and defensive) respectively, knowingly and intentionally (which satisfies the statutory requirements for actual fraud) pre-meditatedly, including but not limited to: fraudulently, deceive, suppress and conceal material facts, exculpatory evidence and/or witnesses which are further intended to have an effect on the court proceedings in order to gain an unfair, unlawful and unconstitutional advantage. These attorneys undermine and subvert an accused person’s two-pronged constitutionally protected rights (the constitutional and mandated duty owed by them and the entitled due process rights of the individual).
These attorneys should and must, among other personal civil liabilities and potential penal consequences, be directly referred by court order (which does happen on other grounds) to the State Bar for investigation, discipline and disbarment (stripped of their license to practice law). And, at some point during that process, be removed from that public office with public notification.
The same personal civil liabilities, potential penal consequences, removal from office and public notification should and must apply to law enforcement officers.
And, the same personal civil liabilities, potential penal consequences, removal from office and public notification should and must apply to all conspiratorial and enabling governmental support staff, co-counsel and senior supervisory personnel.
Consider for example from the above cited case (In re Sodersten), the massive network of attorneys, paralegals and police officers from Tulare County (the DA’s Office, law enforcement department and their respective staff personnel) to the State’s Attorney General’s Office, similarly if not greater resourced and staffed. Fully funded from the public treasury, at tax-payers expense (State and Federal tax dollars), all in order to judicially fight Mark Collin Sodersten (hereinafter “Sodersten”) in the trial and appellate courts, to perpetuate and conceal their Brady-fraud, having kept this innocent man, unlawfully and unconstitutionally locked up for twenty two years, to the point of his death.
Also consider the millions upon millions of tax dollars over decades misused for handsome governmental employee salaries, pensions, benefits to include millions of dollars to house and feed Sodersten, from Tulare County Jail to State prison at Corcoran. All under one so-called Brady violation.
But that word tho: violation, makes this type of malicious conduct, action and inaction sound so trivial, minor, even minimal, or seemingly spontaneous, perhaps an isolated incident like: “Oops.” Implying the vague and ambiguous connotation that such and said violation, may or may not have been accidental, or perhaps even negligent.
It was not accidental or negligent when the Tulare County DA knowing that Sodersten was in fact wholly innocent, at all times, suppressed and concealed exculpatory evidence, yet falsely charged him with murder (first degree), a knife enhancement, a special circumstance in the attempted commission of rape and arson, having sought the death penalty against him. Wow!
That is exactly what happens in Cuba, Russia, North Korea and Iran, but not here in the US, right?
Nope. That was pre-meditated, State sponsored/funded intent and the commission of cold blooded murder, by having sent Sodersten to a more humane “gulag.”
And lookie-that-there: after twenty two years, just before he is to be released as a free man, at the decrepit, near death age of 48, he ends up dying anyway.
How about that: the DA got what it had wanted from the inception of their plan: Sodersten, dead.
Not only can a dead man tell no tales, he can’t file a civil rights violation lawsuit, conduct deep, thorough and protracted discovery, subpoena witnesses and documentation nor receive a multi-million dollar judgment/settlement. And, no attorney is held accountable, potentially subject to State Bar proceedings leading to disbarment, personal loss of wealth, bankruptcy and/or imprisonment.
Which is why plaintiff Peter Valladares (hereinafter “Valladares), as claimed and supported by the criminal court record having sustained repeated and patterned Brady-fraud against him in 2006 - 2007, framed his Sacramento County action as a fraud case, but not against a massive fully resourced governmental agency, that defendants such as these have hidden behind for decades, but against them personally, in both, their individual and professional governmental employment capacities. Endlessly resourced and staffed governmental agencies have misused/abused tax dollars to defend these attorneys and when they lose in the courts, these agencies again using tax money pay out millions of dollars in settlements and judgments. Yet another misuse of public funds absolving these attorneys of their unconstitutional, gross and positive misconduct.
Simply put, as summarized in these webpages, from within his underlying and current court documents: Valladares went through the criminal court process without constitutionally mandated defensive representation, where he sustained both: 1. Brady violations (fraud) from both: the prosecution AND from the “State” appointed attorney whom also engaged in intentional Brady-styled or suppression and concealment of favorable material documents, evidence, witnesses and information, and 2. Multiple violations by the defendants of his due process rights, absent good or bad faith by the State’s prosecutor, the State’s appointed defensive representation and the State’s support department/office for self-representing defendants.
From a technical, procedural, lawful and tortious standpoint, his constitutional rights were concertedly subverted by individuals from within these governmental aspects/offices of the “State,” (or Sacramento County) as the responsible entity defined by the Brady court. All having begun before he was arrested.
Everything and anything constitutionally violative raised in his complaint is already pre-packaged under Brady, enhanced with In re Sodersten, sprinkled with State and Federal prosecutorial and police misconduct authorities. It is real heavy on actual-fraud, third party liability and on the positive misconduct by the attorney-doctrine. (BTW, positive/gross misconduct, the doctrine, is the worst of the worst when it comes to an attorney’s misconduct).
Finally, consider the term “wobbler” which is used by attorneys to preliminarily label a criminal court case based upon the charges filed, or to be filed by the prosecution: could be misdemeanor, could be felony: a wobbler. Valladares’ case against some if not all of the defendants is definitely civil but could wobble or bifurcate into criminal court, to include State Bar court proceedings. After all, criminal court is the jurisdiction where perjury is adjudicated and the Bar court is where attorneys are disbarred.
We’ll see how far, deep and wide all that goes in the pending Sacramento civil action.
Thank you for your interest. Please feel free to bookmark and/or track this website and the subject litigation, especially if you are a governmental attorney. Why?
Because Valladares is not an attorney.
Silly rabbit, your own tricks and antics have ensnared you. Your slips have been showing for way too long.
PS: Additionally, does anyone really think that subversionary conduct, actions, inactions and speech by governmental “elitist” and non-governmental attorneys are only limited to, or within our judicial system? Affirmatively no and we shall see.