Sent to the Utah Attorney General and one of his assistants today, Re: Notice of Claim. (RICO, Deprivation of Rights, Action to restrain harassment of victim or witness) Gentlemen, Thank you for your service to our great state. The attached is a preliminary, courtesy copy of what is being served to your office by certified by certified mail. Id like to set up a meeting to discuss the situation, our roles, and the level of cooperation well have in in this process. Please let me know the time and place that works best for you. I live in Davis County. I truly dispise calling on the federal government to intervene in anything that should be handled on the county or state level. Were a sovereign state, and federal guarantees should only be enforced when strictly necessary, such as when that sovereignty is used as a cloak of fraud to defy its very purpose. I havent listed the state as a defendant because I cant charge the whole state with anything where I havent quite given every public officer in the position to do right, the certainty they need to do it. Im also reluctant to name political subdivisions as the state comes before federal in the chain of command, however, Im invoking the federal guarantee of a grand jury investigation into public racketeering and rights deprivation due to strict necessity, and the fact that justice delayed is justice denied. Further, Of the two whole forms of due process we have to commence prosecution, information or indictment, there is only one proper form to use when government criminality is at issue, especially when the public prosecutor fails, and thats grand jury indictment (or non-indictment). The grand jury is not assigned to any of the three branches of government, and is an independent, constitutional fixture in its own right. When the People are denied their very own political arm for the very purpose it was constitutionally designed to serve, such a denial is a confession of conspiracy to commit the crimes alleged, even if the facts are unfounded, unless already proven as unfounded in the due trial of facts. Judges try the law, juries try the facts, and one fact of the law already firmly established is that the grand jury has a right to every mans evidence. Also, a clear statutory duty in their charge to inquire into offenses alleged to have been committed et seq. There simply is no prosecutional or official discretion to pursue any private offense in lieu of a public offense standing as the elephant in the room. This is particularly true when, At common law: nulli vendemus, nulli negabimus, aut differemus rectum vel justitiam: and therefore every subject, continues the same learned author, for injury done to him in bonis, in terris, vel persona, by any other subject, be he ecclesiastical or temporal without any exception, may take his remedy by the course of the law, and have justice and right for the injury done to him, freely without sale, fully without any denial, and speedily without delay. It were endless to enumerate all the affirmative acts of parliament wherein justice is directed to be done according to the law of the land ...The apperent source of our law in the Utah Constitution Article I, Section 11. [Courts open -- Redress of injuries.]: All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. ..And considering Utah Code 68-3-2, adopted from federal law, and handed down from the territorial laws of Utah: The rule of the common law that a statute in derogation of the common law is to be strictly construed does not apply to the Utah Code. et seq. The common law should be considered. As one of so many victims of so many unconscionable miscarriages of justice in so many patterns of practice, I have, at every stage of my injustices, petitioned for redress in the most humble terms: my repeated petitions have been answered only by repeated injury. I have attended government meetings and made compelling presentations that were commended by members, but were almost entirely ignored or denied in terms of action or response. Ive rallied protests, notices, requests, and have vigilantly conjured every connection or correspondence Ive known of in pursuit of due redress, and the ultimate result has been an utter denial of any kind of meaningful action, hearing, arbitration, or viable excuse in due process. A public officer whose character is marked by every act which may define a Tyrant, is unfit to be the ruler of free people. I as a former officer, with honorable service, and having nearly a decade of investigation experience, have an enormous repository of compelling evidence. Prior to my pursuit of the grand jury, it had a repelling effect on public servants, now the public servant Defendants in this case have theatened to falsely arrest and jail me if I dont turn over my evidence against them, and the extortion money theyve demanded. I likely have a warrant for my arrest for lawfully failing to appear in a case where Commissioner Dillon sought to try his own case, being well informed on the record that the gravamen of cause was nothing but that. Im not wanting for documented efforts to bring attention to public officials who were in a position to enforce no harm without remedy. Ive proven inconsistent statements. Ive warned them and the accused from time to time of existing juristictional abuses and usurped power being used fraudulently for personal benefit. Ive reminded them of the circumstances of this pending action. After my viglant attempts to bring allegations and claims to a local grand jury tribunal, after an obstructed appeal and failed attempts to arbitrate, I applied for intervention as of right to the Utah Supreme Court in the case involving Sim Gill. The Attorney Generals office has a copy. The application included, in no uncertain terms, a highly supported demand for grand jury, the only clear and proper remedy by due course of law, which was to be administered without denial or unnecessary delay, but Ive received no response at all. A BYU poll on impeachment during the John Swallow investigation proved that the the voice of the People falls on deaf ears when it comes to due process in Utahs public curruption cases. The high contrast between the findings of the House Special Investigative Committee on Mr. Swallow and the prior forms of unorthodox investigation is a real cause for concern. When two time tested methods for investigating such matters are prescribed by the Constitution: public trial by impeachment, or secret trial grand jury, and theyre avoided in defiance of voiced public opinion, voir dire, and impartiality, and the contrary findings sought to exonerate a man who was later said to have placed a virtual for sale sign on his door, implying something readily observable, it can be said that they pursued invariably an object that evinces a design to reduce the People and their grand jury under absolute despotism in favor of public corruption. I must, therefore, acquiesce in the necessity of federal remedies, denouncing state remedies as enemies, but always open to any peaceful or equitable remedy at all. Regards, Matthew J. Falkner (801) 845-0269
Posted on: Sun, 25 May 2014 05:16:40 +0000
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