Paul's Kids 2005
The Legal Issues
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Children Photos 1
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Comparing My Children To Other Peoples Children
News Article JUDGE'S MEMORIAL DAY PARTIES
More Child Abuse From Marin County Judges
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The Legal Issues
Open Letter To California Governor & United States President

Here are some of the LEGAL terms involved with the allegations I am making.

Misprision of felony – whoever has knowledge of the commission of a felony and takes action to conceal it, or does not make it known to a judge or other person in civil or military authority under the United States, shall be fined or imprisoned under Title 18 section 4 of the United States Code. 18 U.S.C. § 4.

Evidence – testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. California Evidence Code.

Libel – a method of defamation expressed by print, writing, pictures or signs, that is injurious to the reputation of another. A false publication in writing of defamatory material. Brite v. Los Angeles Unified School Dist., 51 Cal.App.3d 852, 134 Cal.Rptr., 598, 604.

Slander – the speaking of defamatory words tending to prejudice another in his reputation, community standing, office, trade, biusiness, or means of livelihood. Little Stores v. Isenberg, 26 Tenn.App., 357, 172 S.W.2d 13, 16.

Child – progeny; offspring of parentage of unborn or recently born human being. Wilson v. Weaver, 358 F.Supp., 1147, 1154.

Child Abuse – any form of cruelty to a child’s physical, moral or mental well-being. Law Dictionary.

Proof – the effect of evidence; to establish a fact by evidence. New England Newspaper Pub. Co. v. Bonner, C.C.A.Mass., 77 F.2d 915, 916.

Medical Evidence – evidence furnished by doctors, nurses, and other medical personnel testifying in their professional capacity as experts. Fed.Evid.Rules 702, 703.

Prima Facie Evidence – evidence good enough and sufficient on its face. State v. Haremza, 213 Kan., 201, 515 P.2d 1217, 1222.

Preponderance of the Evidence – a standard of proof when a party’s evidence on a fact indicates that it is "more likely than not" that the fact is as the party alleges it to be. California Evidence Code.

Presumption – an inference in favor of a particular fact. An assumption of a fact from another fact or group of facts. Van Wart v. Cook, Okl.App., 557 P.2d 1161, 1163.

Investigation – the process of inquiring into or tracking down through inquiry. Mason v. Peaslee, 173 C.A.2d 587, 343 P.2d 805, 808.

Inference – a truth or proposition drawn from another which is supposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be established is deduced as a logical consequence from other facts, or a state of facts already proved or admitted. State v. Hyde, Mo.App., 682 S.W.2d 103, 106.

Obvious – easily discovered, seen, or understood; readily perceived by the eye or the intellect; plain; patent; apparent; evident; clear; manifest. Milgo Electronic Corp. v. United Business Communications, Inc., C.A.Kan., 623 F.2d 645, 654.

Merits – a legal term referring to the legal rights of the parties. Mink v. Keim, 266 App.Div., 184, 41 N.Y.S.2d 769, 771. The substance, elements or grounds of a cause of action or defense.

Right of Publicity – the right of individuals, especially public figures or celebrity to control commercial value and exploitation of his name or picture or likeness to prevent others from unfairly appropriating that value for their benefit. Presley’s Estate v. Russen D.C.N.J., 513 F.Supp. 1339, 1353.

Injure – to violate the legal right of another or inflict an actionable wrong. To do harm, to damage, impair, to hurt or wound as to the person; to impair the soundness of, as health. Ziolkowski v. Continental Casualty Co. 284 Ill.App., 505, 1 N.E.2d 410, 417.

Fact – a thing done; an action performed or an incident transpiring; an event or circumstance. The quality of being actual. City of South Euclid v. Clapacs, 6 Ohio Misc. 101, 213 N.E.2d 828, 832.

Pedigree Evidence – the pedigree exception to hearsay rule allows consideration of hearsay evidence regarding a person’s family relationship as proof of existence of the relationship. Smith v. Givens, 223 Va. 455, 290 S.E.2d 844, 846. Federal Evidence Rule 803.

HLA Test – a system of tissue typing for determining the probability of paternity and which involves the drawing of blood. Pizana v. Jones 127 Mich.App. 123, 339 N.W.2d 1, 3.

D N A Identification – a method of determining distinctive patterns in genetic material in order to identify the source of a biological specimen, such as blood, tissue or hair. Cobey v. State, 80 Md.App.31 559 A.2d 391. A forensic technique used in criminal cases to identify or rule out the father of a child.

Reasonable Care – the degree of care which a person of ordinary prudence would exercise in the same or similar circumstances. Pierce v. Horvath, 142 Ind.App. 278, 233 N.E.2d 811, 815. That degree of care which ordinary prudent and competent person engaged in same line of work, business or endeavor should exercise under similar circumstances. Warner v. Kiowa County Hospital Authority, Okl.App., 551 P.2d 1179, 1188.

----------- In 1999 I was subjected to police malicious prosecution and abuse, as a result of two Marin County District Attorneys filing criminal charges against me for sending an email complaining of the child murders a Novato city council member at the time was engaging in. The City council person’s name is Carol Dillon-Knutson. The two district attorneys are, Linda M. Witong and Paula Freschi Kamena. -------

The Novato police broke my door down and I was arrested without a warrant. The charges were later dismissed because I refused to plea bargain with them.

As of todays date the Novato Police has me under surveillance because of this website, but have done nothing to investigate the CRIMES I am complaining of.

The other Marin County resident working in law enforcement continue to attend the Memorial Day party the judge has.

Malicious Prosecution – one begun in malice without probable cause to believe the charges can be sustained. An action for damages brought by person, against whom civil suit or criminal prosecution has been instituted maliciously and without probable cause, after termination of prosecution of such suit in favor of person claiming damages. Beaurline v. Smith, Tex.Civ.App., 426 S.W.2d 295, 298. Elements of a cause of action for malicious prosecution are; (1) commencement of prosecution of proceedings against present plaintiff; (2) its legal causation by present defendant; (3) its termination in favor of present plaintiff; (4) absence of probable cause for such proceedings; (5) presence of malice therein; and (6) damage to plaintiff by reason thereof. Palermo v. Cottom, Mo.App., 525 S.W.2d 758, 764

Malicious Use of Process – utilization of process to intimidate, oppress or punish a person against whom it is sued out. Austin Liquor Mart, Inc., v. Department of Revenue, 18 Ill.App.3d 894, 310 N.E.2d 719, 728.

Color of Law – misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of state law." Atkins v. lanning, D.C.Okl., 415 F.Supp. 186, 188.

Abuse of Power – everything which is contrary to good order established by usage. Departure from reasonable use; immoderate or improper use. Physical or mental maltreatment. Use of power in a manner contrary to law. Swenson v. Cahoon, 111 Fla. 788, 152 So. 203, 204.