BELOW IS A EMAILED LETTER I SENT WITH ATTACHED DOCUMENTS PROVING THAT I WAS KIDNAPPED BY SHERIFF’S OFFICERS ON 8/19/2013.
SOME BACKGROUND FACTS RE: FALSE CHARGES, A ARREST, & A KIDNAPPING:
STATEMENT OF FACT:
1) On 8/9/2013 Judge Catherine Fitzpatrick claimed alleged that her law clerk received a “Terroristic Threat” via an email to her law Clerk Laura Oliver, it is purported but not confirmed that the email was sent by Derek Syphrett for the purposes of threatening Judge Fitzpatrick (the accusation has repeatedly been denied by Derek Syphrett, as the email was not sent to Judge Fitzpatrick, and the prosecutor’s discovery show’s the email is devoid of ANY explicit threat of violence).
2) 8/14/2013 Catherine Fitzpatrick in her individual capacity initiated a criminal investigation and Det. Paul Toth was assigned to investigate the incident.
3) 8/15/2013 Judge Catherine Fitzpatrick, P.J.F.P. met with Paul Toth & Judge Mary C. Jacobson Met with Det. Paul toth as part of his “criminal investigation”
4) Neither Judge Fitzpatrick or Judge Jacobson recused themselves from my civil matters pending in their court – neither would recuse themselves formally for the next 8 months, although my civil cases were eventually transferred out of Mercer County on about 1/17/2014.
5) 8/16/2013 Judge Fitzpatrick sat on the bench in my civil matters FV-11-625-13 AND FM-11-97-13, she then issued orders for default trials to be held in both matters without a basis in the law, and without revealing she was participating in a criminal investigation adverse to my interests. Her orders were later treated as void by Judge Tomasello, he actually orally ordered them vacated.
6) 8/18/2013 I was arrested on a warrant at my house for charges that appeared fraudulent and for charges that ultimately were dismissed pre-trial on 4/17/2014. Note the complaining witness was Judge Fitzpatrick, via a third-party complaintant Paul Toth, and the Warrant was issued by a colleague of the purported victim Pedro Jimenez (a conflict of interest, which later resulted in the recusal of Judge Jimenez from the case, but only after he set my bail at 150% of the state maximum, and his recusal occurred after he fraudulently claimed that a public defender had been assigned to my case on 8/20/2013 – when in fact, this never occurred).
7) 8/18/2013 I posted bail and was released from Mercer County Jail. Notably I posted a $50,000, ALL CASH bail for a third degree charge, despite the state maximum in the state guidelines for a third degree charge being $20,000 with 10% permissable, unless extraordinary circumstances are put on the record (which in my case they were not).
8) There was no warrant for my arrest, no probable cause explanation provided, no bail condition violations, and no criminal charges ever issued with relation to this kidnapping, under the color of law.
9) When I was released from Burlington County Jail (Again note my criminal case State v. Syphrett was transferred from Mercer County after I wrote the court about my concerns of misconduct)… I contacted the Mercer County Sheriff’s Office and Under-Sheriff Pedro Medina, He said he would look into the circumstances around my 8/19/2013 arrest. When I followed up with him in 1/2014, he became notably upset and refused to provide me any information about the circumstances of my arrest.
10) I subpoenaed the the Sheriff’s Office (Jack Kemler), Paul Toth, etc for information and documents related to the circumstances surrounding my 8/19/2013 arrest, The MERCER COUNTY OFFICE OF COUNSEL THEN INFORMED ME THERE IS NO RECORD OF MY ARREST ON 8/19/2013!!!! … NOTABLY UNDER N.J. STATUTE AND O.P.R.A. THE CIRCUMSTANCES SURROUNDING ANY ARREST ARE PUBLIC RECORDS, IN THIS CASE THERE IS NO RECORD, AND AS A RESULT IT APPEARS I WAS KIDNAPPED BY SHERIFF’S OFFICER WHO MAY OR MAY NOT HAVE BEEN HELPING A SUPERIOR COURT JUDGE RETALIATE AGAINST ME BECAUSE I REPORTED HER TO THE A.C.J.C.
ABOUT THE APPARENTLY CORRUPT OFFICIALS
DETAILS:
- Judge Catherine Fitzpatrick is/was a subject in numerous state & federal investigations in part because she repeatedly violated my rights during a divorce. She had been retaliating against me for about 2 years prior to my decision to report her to court officials including Judge Glenn Grant, J.A.D. (Acting Director of the Courts). She remains a judge today, despite stripping me of visitation without a plenary hearing, and attempting to silence me by appointing a Guardian Ad Litem and court appointed order without a hearing – a violation of my constitutional rights and court rule 5:3-3.
- Judge Catherine Fitzpatrick: had been retaliating against me for about 2 years prior to my decision to report her to court officials including Judge Glenn Grant, J.A.D. (Acting Director of the Courts). She remains a judge today, despite stripping me of visitation without a plenary hearing, and attempting to silence me by appointing a Guardian Ad Litem and court appointed order without a hearing – a violation of my constitutional rights and court rule 5:3-3.
- 8/14/2013 Judge Catherine Fitzpatrick alleged that I sent an 8/9/2013 email containing a threat against her life / wellbeing. She began participating in a criminal investigation on 8/14/2013. NOTE THESE CHARGES WOULD LATER BE DISMISSED AFTER BEING DOWNGRADED FROM FELONY TO A MISDEMEANOR – I WA.S NEVER PROVIDED A TRIAL, BUT I WAS JAILED FOR 4 MONTHS ON FALSE ALLEGATIONS, AND AFTER BEING KIDNAPP
- I NEVER SENT AN EMAIL TO JUDGE FITZPATRICK
- THE EMAIL USED IN THE PROSECUTOR’S DISCOVERY – CONTAINED NO DEATH THREAT OR VIOLENT THREAT AT ALL.
- NO INVESTIGATOR EVER ASKED ME IF I SENT AN EMAIL OR THREATENED THE JUDGE … EVER
- NOBODY EVER AUTHENTICATED THE EMAIL EVIDENCE TO AFFIRM THAT I IN FACT SENT IT
- ~8/15/2013 Judge Mary C. Jacobson, A.J.S.C. and Judge Fitzpatrick both participated in a criminal investigation. This is notable because neither Judge Recused themselves from my legal matters, and in fact on 8/16/2013 Judge Fitzpatrick issued orders for default in my divorce and a domestic violence case (that was also a fraud – it was later dismissed by a different judge in a Burlington County – That judge (Judge John Tomasello) refused to allow me to be heard in order to cover up for Judge Fitzpatrick).
- 8/16/2013 Judge Fitzpatrick ACTED AS A JUDGE IN MY DIVORCE AND DOMESTIC VIOLENCE STATUS HEARING – WITHOUT MENTIONING THAT SHE HAD BECOME PARTY TO AN OPENED LEGAL MATTER – A CONFLICT OF INTEREST. SHE ISSUED ORDERS FOR DEFAULT IN MY DIVORCE AND DOMESTIC VIOLENCE HEARING WITHOUT ME PRESENT AND DESPITE THE FACT MY COURT APPOINTED COUNSEL (RECOGNIZING HE’D BEEN APPOINTED ILLEGALLY – ASKED TO WITHDRAW FROM THE CASE DUE TO CONFLICTS OF INTERST) – IN OTHER WORDS I WAS NOT REPRESENTED AT THE HEARING…. AND THE JUDGE WAS A LEGAL ADVERSARY!
- 8/16/2013 Detective Paul Toth of Mercer County Sheriff’s Office met with the 1st Prosecutor and they decided to charge me with a felony threat to kill, despite the fact that no such threat existed. THIS IS IMPORTANT TO NOTE, BECAUSE THE CHARGES WERE LATER DISMISSED BY THE SAME PROSECUTOR’S OFFICE AND NO INDICTMENT WAS EVER SOUGHT BY Assistant Prosecutor Michael Nardelli (In fact he told my Lawyer John F. Rooney, that he never believed he could get an indictment, yet I sat in Jail or Hospital for 4 Months).DETECTIVE TOTH HAS VIOLATED THE LAW IN THE PAST: See State v. Funchess (2012) A conviction was overturned because of Det. Paul Toth’s conduct.
- 8/18/2013 I was arrested on a warrant which was issued based upon an apparently false claim made by Judge Catherine Fitzpatrick, P.J.F.P.
- THE WARRANT: Was issued by a colleague of Judge Fitzpatrick, Judge Pedro Jimenez. (He was later recused from the case after I was kidnapped).
- THE WARRANT STATED: My bail was $50,000 NO 10% (OR ALL CASH) 150% HIGHER THAN STATE GUIDELINES WITH NO FINDINGS SUPPORTING IT, THIS VIOLATED PRECEDENT IN NEW JERSEY (SEE: State v. Johnson, State v. Fajardo-Santos).
- THE WARRANT STATED: My first appearance was to be 8/20/2013… I instead was kidnapped 8/19/2013 and denied counsel, the prosecutor wasn’t present, and Judge Jimenez claimed to Amend my warrant – AFTER I HAD PURPORTEDLY BEEN ARRESTED ON 8/19/2013… A JUDGE CAN’T DO THAT. I CAN’T BE ARRESTED ON A WARRANT THAT DIDN’T EXIST / HAD BEEN SATISFIED ALREADY – YET I WAS.
- 8/18/2013 I POSTED BAIL AND WAS RELEASED FROM MERCER COUNTY CORRECTIONS FACILITY
- 8/19/2013: I WAS KIDNAPPED / PURPORTEDLY “ARRESTED” WITHOUT ANY WARRANT, CRIMINAL CHARGES, PROBABLE CAUSE FINDING, OR A TRIAL)
- 8/19/2013: I was detained for over 2 hours without a phone call, handcuffed, read Miranda and told I was under arrest. When I asked why, the Sheriff’s Officers said they’d tell me later… THEY NEVER DID. When I asked to be given a valid warrant for my arrest, they said they’d get me one later -THEY NEVER DID.
- 8/19/2013: I was transported to another courthouse for a “first appearance” on 8/19/2013. THIS FIRST APPEARANCE OCCURRED WITHOUT ANY LEGAL NOTICE – RECALL THE WARRANT STATED MY FIRST APPEARANCE WOULD BE 8/20/2013. I HAD NO OPPORTUNITY TO GET A LAWYER BEFORE THIS UNSCHEDULED FIRST APPEARANCE
- 8/19/2013: before Judge Jimenez. When I asked him why I had been arrested a 2nd time he refused to answer. Instead he started the proceeding by saying “I am going to amend your warrant now”… effectively admitting I’d just been arrested without a warrant.
- SINCE MY KIDNAPPING: I HAVE GIVEN RECORDS TO THE F.B.I. NON-PROFITS, AND MEDIA – THE SHERIFF’S OFFICE CONTINUES TO DENY I WAS ARRESTED DESPITE THE FACT I HAVE ARREST RECORDS AND SO DOES THE FBI
- I HAVE RECORDS THAT CLAIM TO BE ARREST RECORDS: I’ve sent them to the F.B.I. U.S. Attorney’s Office and multiple politicians & the media.
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BELOW IS A LETTER / EMAIL I SENT
DETAILING MY OUTRAGE AND CONCERN
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INSERTED COMMENTS – INTRO TO LETTER SENT FOR EXPLANATION OF MY KIDNAPPING.
[ LETTER SENT TO:
Chief Justice Stuart Rabner, Warden Charles Ellis, Judge Ronald Bookbinder, Judge Glenn Grant, Judge John Call, Sharyn Sherman, Arthur Sypek, Kristina Chubenko, Brian Hughes, Prosecutor Joseph Bocchini, Asst. Prosecutor Michael Nardelli, Under-Sheriff Medina, etc. Collectively members of Mercer County Executive Offices, Mercer County Sheriff’s Office, New Jersey Superior Court, New Jersey Supreme Court, Mercer County Prosecutor’s Office, and Mercer County Corrections. SHERIFF JACK KEMLER (A PENSION DOUBLE DIPPER)
I also sent O.P.R.A. requests because the circumstances of all arrests are public information.
They’ve responded to say they have no record of my arrest so: I GUESS THAT MAKES IT A KIDNAPPING & NOT A FALSE ARREST THEN!
THE PUBLIC CAN EMAIL THESE FINE PEOPLE TOO
I’VE INCLUDED THEIR EMAIL ADDRESSES SO THAT YOU MAY MAKE YOUR OWN PUBLIC RECORDS REQUEST ]
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ORIGINAL EMAIL POSTED HERE:
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To: policeaccountability@njlp.org, “Medina, Pedro” <pmedina@mercercounty.org>, “Toth, Paul” <ptoth@mercercounty.org>, mnardelli@mercercounty.org, jbocchini@mercercounty.org
CC: glenn.grant@judiciary.state.nj.us, Chubenko, Kristina <kchubenko@mercercounty.org>, Kemler, Jack <jkemler@mercercounty.org>, Jennifer Millner <JMillner@foxrothschild.com>, bhughes@mercercounty.org, jeanne.covert@judiciary.state.nj.us, pedro.jimenez@judiciary.state.nj.us [EDITED TO REMOVE EMAILS FOR STATE AND FEDERAL INVESTIGATORS]
Prosecutor Bochini & Police Accountability Project:
I have communicated my concerns and supplied complaints via fax to the prosecutors office from 12/24/2013 to present.
I have yet to receive an official written response from the Mercer County Prosecutors Office.
I respectfully request the Mr. Bocchini follow-up with me in writing with regard to the complaints that I’ve sent to your attention with regard to the unlawfull seizure of my person and property on 8/19/2013. Given that there is no arrest record, but that their are witnesses, including myself to officers telling me that I was under arrest on 8/19/2013, without ever explaining the reason and without presenting a warrant at anytime for an arrest to be executed on 8/19/2013, there is clearly and convincingly an issue of police / sheriff’s office abuse of authority, crimes under the color of law.
In January I called the Prosecutor and was told my complaint was assigned to Michael Nardelli, the same prosecutor handing State v. Syphrett. He later told my lawyer and myself this was not true.
I request a formal written response with regard to the seizure of my person that occurred on 8/19/2013 at around 1:35pm at 175 S. Broad Street. At that time there was no warrant for my arrest and there was no first appearance scheduled with legal notice to myself, yet I was arrested, put in a holding cell at 400 Warren Street, and denied a phone call for over 2 hours, then I was taken to a first appearance on 8/19/2013, without counsel, without notice, and my bail was set above state guidelines without fact finding supporting it. Most incredibly my bail was set at $50,000, despite the fact I’d already lawfully posted bail and met all bail conditions on 8/18/2013.
The bottom line here is that:
The public can accept an aggressive police force, but we can not and should not ever accept a policing agency to disregard the law or a citizens rights.
The Mercer County Sherriff’s had no right to violate my person on 8/19/2013 and create symptoms that my doctors and family have commented are similar to those of rape victims.
I was physically and emotionally violated and I expect a full investigation and findings to be provided to me.
Please accept this as my formal request for the same. I will not relent requesting investigative action or publicity with regard to what is an outrageous abuse of power by Mercer County officials.
A pillar of our justice system is that wrongs SHALL be righted by the administrators of justice. I demand you fulfill this common-law / oath related obligation or be held legally accountable for failing to do so – as complicity with civil rights violations is not covered by qualified immunity under U.S.C. 42 1986 (complicity with interference in civil rights violations).
Further given that I was denied access to my trial at the Family Part on 8/19/2013 because of my false arrest, my constitutional right to access the court was also violated on 8/19/2013.
Kind regards,
Derek Syphrett
ANOTHER EMAIL SENT EARLIER TO SAME PEOPLE:
Dear Police Accountability Project:
I need your help, and your public intervention in a matter that is clearly and convincingly an abuse of the law by the Mercer County Sheriff’s Office and several Sheriff’s Officers, including Det. Paul Toth.
INTRODUCTION:
Please see the attachments related to a “kidnapping” under the color of law that occurred on 8/19/2013 at 175 S. Broad Street New Jersey. I have several civilian witnesses to this kidnapping / false arrest.
I will shortly send you the emails between myself and the Mercer County Sheriff’s Office and the Mercer County Office of Counsel (lawyers representing the Sheriff’s Office).
What you will see is a pattern of evasiveness with regard to a purported kidnapping on 8/19/2013. Notably we can not call my 8/19/2013 kidnapping a purported “arrest”, because the Sheriff’s Office has now claimed there is no arrest record and there was no arrest on 8/19/2013 at about 1:35pm.
The F.B.I. completed an investigation into this matter and has referred the matter to the D.O.J. and U.S. Attorney for further prosecution – which is not assured, but with the appropriate public involvement I believe that the D.O.J. will do take the path less traveled and prosecute this matter as the evidence according the F.B.I. Special Agent is convincing to the F.B.I.
Luckily, the F.B.I. has informed me that I am not “alone” and that they are continuing to pursue prosecution of my claim.
REQUEST: Would you please make a O.P.R.A. request regarding my arrest in this matter. The identifying case number, warrant etc are contained in the attachments to this email.
SUMMARY OF CORE ISSUE:
I appeared in court on 8/19/2013 for a scheduled court date in a civil matter FV-11-625-13 by court order of Judge Fitpatrick
I was told I was “under arrest” in the lobby of the Family Court at 175 S. Broad Street.
I asked why I was under arrest, and the Sheriff’s Officers responded “we’ll tell you later” … THEY NEVER DID
I asked if there was a warrant for my arrest … they said they’d get one to me latter … THEY NEVER DID
I informed them I posted bail on 8/18/2013 for a criminal charge filed by Judge Fitzpatrick and produced my bail receipt
One or more of the officers from my 8/18/2013 arrest, was present at the 8/19/2013 kidnapping / false arrest, I believe it was Paul Toth – a man with dark hair. He did nothing to protect my rights, despite the fact I had lawfully posted bail from the 8/18/2013 arrest.
I was handcuffed and miranda was read, and a miranda form was filled out by one of the 4 Officers that escorted me into the court elevator down to the holding cells below the court
When I arrived inthe Criminal Court at 400 Warren Street, I demanded Judge Pedro Jimenez produce a warrant – he produced only a warrant for my 8/18/2013 arrest – a warrant I’d already fully satisfied by posting bail on 8/18/2013 – when I was released from Merer County Corrections! I was arrested again on 8/19/2013 despite satisfying the attached warrant.
WITNESSES:
The witnesses include A. A., S. C., and D.C. – all of which where present at the Family Part Courthouse (175 S. Broad Street, Trenton) at about 1:35pm on 8/19/2013 where I was kidnapped under the color of law by Mercer County Sheriff’s officers.
I can provide phone numbers and affadavits from the witnesses upon your request.
STATEMENT OF FACT:
1) On 8/9/2013 Judge Catherine Fitzpatrick claimed alleged that her law clerk received a “Terroristic Threat” via an email to her law Clerk Laura Oliver, it is purported but not confirmed that the email was sent by Derek Syphrett for the purposes of threatening Judge Fitzpatrick (the accusation has repeatedly been denied by Derek Syphrett, as the email was not sent to Judge Fitzpatrick, and the prosecutor’s discovery show’s the email is devoid of ANY explicit threat of violence).
2) 8/14/2013 Catherine Fitzpatrick in her individual capacity initiated a criminal investigation and Det. Paul Toth was assigned to investigate the incident.
3) 8/15/2013 Judge Catherine Fitzpatrick, P.J.F.P. met with Paul Toth & Judge Mary C. Jacobson Met with Det. Paul toth as part of his “criminal investigation”
4) Neither Judge Fitzpatrick or Judge Jacobson recused themselves from my civil matters pending in their court – neither would recuse themselves formally for the next 8 months, although my civil cases were eventually transferred out of Mercer County on about 1/17/2014.
5) 8/16/2013 Judge Fitzpatrick sat on the bench in my civil matters FV-11-625-13 AND FM-11-97-13, she then issued orders for default trials to be held in both matters without a basis in the law, and without revealing she was participating in a criminal investigation adverse to my interests. Her orders were later treated as void by Judge Tomasello, he actually orally ordered them vacated.
6) 8/18/2013 I was arrested on a warrant at my house for charges that appeared fraudulent and for charges that ultimately were dismissed pre-trial on 4/17/2014. Note the complaining witness was Judge Fitzpatrick, via a third-party complaintant Paul Toth, and the Warrant was issued by a colleague of the purported victim Pedro Jimenez (a conflict of interest, which later resulted in the recusal of Judge Jimenez from the case, but only after he set my bail at 150% of the state maximum, and his recusal occurred after he fraudulently claimed that a public defender had been assigned to my case on 8/20/2013 – when in fact, this never occurred).
7) 8/18/2013 I posted bail and was released from Mercer County Jail. Notably I posted a $50,000, ALL CASH bail for a third degree charge, despite the state maximum in the state guidelines for a third degree charge being $20,000 with 10% permissable, unless extraordinary circumstances are put on the record (which in my case they were not).
8) There was no warrant for my arrest, no probable cause explanation provided, no bail condition violations, and no criminal charges ever issued with relation to this kidnapping, under the color of law.
9) When I was released from Burlington County Jail (Again note my criminal case State v. Syphrett was transferred from Mercer County after I wrote the court about my concerns of misconduct)… I contacted the Mercer County Sheriff’s Office and Under-Sheriff Pedro Medina, He said he would look into the circumstances around my 8/19/2013 arrest. When I followed up with him in 1/2014, he became notably upset and refused to provide me any information about the circumstances of my arrest.
10) I subpoenaed the the Sheriff’s Office (Jack Kemler), Paul Toth, etc for information and documents related to the circumstances surrounding my 8/19/2013 arrest, The MERCER COUNTY OFFICE OF COUNSEL THEN INFORMED ME THERE IS NO RECORD OF MY ARREST ON 8/19/2013!!!! … NOTABLY UNDER N.J. STATUTE AND O.P.R.A. THE CIRCUMSTANCES SURROUNDING ANY ARREST ARE PUBLIC RECORDS, IN THIS CASE THERE IS NO RECORD, AND AS A RESULT IT APPEARS I WAS KIDNAPPED BY SHERIFF’S OFFICER WHO MAY OR MAY NOT HAVE BEEN HELPING A SUPERIOR COURT JUDGE RETALIATE AGAINST ME BECAUSE I REPORTED HER TO THE A.C.J.C.
CONCLUSION:
Given that I was arrested by no less than 4 Sheriff’s Officers, and that no less than 7 Officers became involved in the kidnapping, and purported processing of my “arrest” I believe this event represents an act of:
1) official misconduct (N.J.S.A. 2C:30-2)
2) violation of Federal Statutes
3) U.S.C. 18, Section 241, (Deprivation of Civil Rights)
4) U.S.C. 42, Section 1985 (Conspiracy to Interfere with Civil Rights)
5) Federal Civil R.I.C.O. – Notably I or a attorney of my choosing can prosecut Federal R.I.C.O. with assistance from the U.S. Government
Given this email and my prior email, I am sure you can see that I am getting the “Jersey” treatment from local officials and it appears that the only way to get anything resembling justice will be to expose these people to public scrutiny.
I attempted to resolve this matter privately, with private requests for internal investigations, and private requests for the officers to take remedial action, but instead such civil requests have been met with an arrogance and willful disregard for lawful conduct, that I at this point feel that it is time to involve the public and the media.
Thank you for your assistance,
Derek C. Syphrett
cc: F.B.I.
cc: D.O.J.
cc: Mercer County Prosecutor’s Office – Prosecutor Nardelli (Please respond to the criminal complaint I sent to your attention with regard to these concerns).
P.S.
(1) Chief Justice Rabner and Glenn Grant became personally involved in my case as was noted during status hearings in:
[PUBLIC RECORDS:]
Burlington County System# 13-950-01 / Mercer County Case File: 1111-W2013-002897 / Police Case #13-026677 / Mercer County Prosecutor’s File: 13-2502
(2) Notably Judge Jacobson, a witness for the State per the “Investigative Report”, denoted as being for Incident # I-2013-02776. DESPITE BEING A WITNESS FOR THE STATE – JUDGE JACOBSON CONTINUED TO CONSULT ON MY BAIL CONDITIONS AND ISSUE ORDERS IN STATE V. SYPHRETT – WHEN SHE CLEARLY SHOULD HAVE BEEN RECUSED!!!
EARLIER EMAIL SENT TO MERCER COUNTY OFFICES
——– Original Message ——–
Subject: RE: Discovery Follow-up – Derek Syphrett
Date: Sun, 26 Jan 2014 18:52:24 -0500
From: Derek Syphrett <dsyphrett@gmail.com>
To: asypek@mercercounty.org, kchubenko@mercercounty.org, aricketts@mercercounty.org (COUNTY OFFICE OF COUNSEL)
Hello Mr. Sypek, Esq. and Ms. Chubenko, Esq.:
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ATTACHMENTS:
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1. Court Order 1/17/2014 – Recusal of All Mercer County Judges – Transfer Order
2. My Letter Brief / Petition to Chief Justice Rabner, Grant, et. al. – pursuant Court Rule 1:33 (broadly construed per the doctrine of the “civil liberal construct”)
3. Letter / Petition for Relaxation of Petition Format Rules ((broadly construed per the doctrine of the “civil liberal construct” / NJ Constitution Article 1. Par. 18)
===========================
Thank you for sending part of the discovery I requested via email last week.
I need to follow-up again, because as I informed Anita Ricketts via email my Mercer County Civil Matters have been transferred to Burlington County by Assignment Judge Mary C. Jacobson, pursuant to my Court Rule 1:33 petition to her honor, Judge Glenn Grant, J.A.D. – Acting Director of Court Administration, and Chief Justice Stuart J. Rabner – New Jersey Supreme Court.
It now appears my court date in Burlington county will be sooner than later.
More importantly:
I am VERY concerned with regard to what remains lacking from the discovery provided – specifically:
1. The name of the Sheriff’s Officer whom was dispatched to my home does not appear in any of the discovery documents.
Concern: I must presume a record of the same must exist as the Sheriff’s Office is known to have a dispatch log and it would not be prudent to dispatch officers without making a record of the same.
2. I still have not received any new information from regarding my 8/19/2013 at ~1:30pm “ARREST” (Sheriff’s Officers words as my witness will testify to).
Concern: My power(s) of attorney and myself have requested this information directly from the sheriff’s dept, clerk, Under-Sheriff Medina, Sheriff Kemler, Det. Paul Toth, and Sgt. Barton for over 2 months now.
Concern: Given the highly unusual circumstances that I know to exist related to the “ARREST” such as:
(a) There was no valid warrant for that arrest
(b) There was no probable cause provided when requested 8/19/2013, or anytime thereafter
(c) There was no violation of any existing Bail Condition
(d) I had already lawfully posted bail
(e) My arraignment wasn’t scheduled until 8/20/2013
(f) I was arraigned without any legal notice or opportunity to seek counsel before the critical stage of a criminal proceeding that included bail setting / bail modification
(g) I have transcripts that prove the 8/18/2013 arrest warrant WAS NOT amended prior to my arrest on 8/19/2013
(h) There are other details I do not wish to share at this time that I have evidence of.
Concern #2: I am concerned that Your Office has not provided even basic information AND that your office Ms. Chubenko has stated that you need to “review” the basic information regarding my discovery requests (including basic information that I and the public are entitled to pursuant previously cited state statutes).
In other words, given the fact that these issue are being investigated by the federal government, AND given that multiple Judges have now been recused from further involvement due to the appearance of a tainted process, AND given the allusive and evasive responses from the Sheriff’s Department, I have reasonable concerns that there is an attempt to “cover-up”, “mislead”, or obstruct my discovery of the truth (my arrest was a violation of constitutionally protected rights and I was denied due process and my basic dignity by a Sheriff’s Office that has a history of violating my rights / assisting others in violating my rights at the direction, or with the involvement of Judges in Mercer County.
REQUEST FOR FOLLOW-UP:
Please advise me when I can receive discovery of the aforementioned documentation / records.
Please also share any and all discovery with my criminal defense lawyer John F. Rooney, Esq as we’re both trying to obtain this information.
Note:
Obviously IF the prosecutors office decides to prosecute the cr iminal case #2502 or indict it (which they have not done in 5-months), THEN Mr. Rooney will receive discovery from the Prosecutors office. In the meantime your office appears to be the most expedient available option for both my lawyer and myself to receive discovery for the criminal matter (which my lawyer handles) and the civil matter (where I am pro se).
Lastly Please Understand:
I am sorry to be compelled to communicate in a high frequency manner and I hope I am not inconveniencing you or your office.
That said I would hope you can understand I am VERY concerned and upset that it appears I was arrested illegally and that my rights were thoroughly violated by both the Sheriff’s Office and the Judge Jimenez (who has now been recused from this matter).
This has been a very traumatic experience that impacted all aspects of my life, my finances, my family, their finances, and my personal relationships with my children.
I am therefore left with no option but to be persistent and to employ any and all civil and legal means of recourse until the questions / requests I’ve made are appropriately answered.
Thank you kindly for your anticipated prompt response to these issues.
I appreciate that we have an opportunity to resolve this matter amiably and I would greatly appreciate your courtesy in that regard (I assure I will remain courteous and respectful throughout the process, regardless of the ultimate ends).
Kind Regards,
Derek Syphrett
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CONCLUSION:
If you would like to contact me for source documents feel free to email me at sd@00060@gmail.com.
I have clear and convincing Evidence I was kidnapped, and the Mercer County Sheriff’s Office is covering it up!.
IF YOU NEED TO REPORT COURT CORRUPTION IN NEW JERSEY VISIT THESE WEBSITES:
http://www.judiciary.state.nj.us/acjc/how_to_file_complaint.htm
http://www.fclu.org
http://www.fbi.gov
http://newjersey.watchdog.org/
@BobIngle99 (Twitter: Author of the “Soprano State”)
#FamilyCourt (Twitter)