The Post-Conviction Relief Case, Part VI - Bye-Bye Des Moines!

Well kids, it's official.  The Living Man is no longer an Iowan.  Never fear former neighbors, I plan to continue to help you achieve change - in your laws, in your legal system, in your Government, and with DHS.  I'm sure you all know by know that it had to come to this, and why.  Doesn't mean I can't put a few hardened criminals in jail for you, in the meantime; or at the very least, get them to resign their offices.  Doesn't mean I care any less what happens to those of you who still opt to live there - I do.  My kids and grands still live there; and obviously, I still have much work to do.

After the latest on the Post-Conviction Relief case, stay tuned for my special good-byes to those I will miss like crazy, as opposed to those that I would, just as soon, run over with a 50-ton tank.  Oh, and just in case you were wondering, you can guarantee yourself that, not only will there also be a section for them following the good good-byes, but that they will be most entertaining to read.  You know me.  I just can't let them go without my sharpest retorts.

First of all, I feel it's important to remind you that, in a previous article concerning the case, found here:

http://themightyswordamericasdeadlysins.blogspot.com/2017/02/the-state-level-post-conviction-relief.html

I wrote up a little ditty for the courts concerning their utterly ridiculous and unconstitutionally high bail that they set on me; $70,000...for 2 Aggravated Misdemeanors and a Class D Felony (normally $2000 each for the 2 AM's, and $5000 for this class of Felony; for a supposed-to-be total of $9000), supposedly because of my "Extensive Criminal History" of just 2 simple misdemeanors (to be fair, there were 3 more simple misdemeanors as well, but none were less than 30 years old).

That said, I'd like to give credit...where credit is due, of course, and re-post for you the story of another victim of the Department of Human Services in Iowa; a grandfather they had stolen grandkids from; who allegedly threatened the lives of those of DHS, the Governor, the Lt. Governor, and Tom Miller, the Attorney General.  Thanks go out to Patricia Mitchell and Jodi Mueller for turning me on to this.  Pay close attention now, and maybe you'll see why it's so important to my case;

Pasco man charged with threatening Iowa governor, other public officials

• Times staff

Tuesday, May 9, 2017 1:34pm

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Richard Gillow, 59, of Port Richey, is accused of threatening to kill the governor of Iowa and other public officials. [Photo courtesy of the Pasco County Sheriff's Office]

PORT RICHEY — A Pasco County man was taken into custody Monday after he threatened to kill public officials in Iowa, including that state's governor, the Pasco County Sheriff's Office said.

Richard Gillow, 59, of Port Richey posted on Facebook and sent emails saying he was going to kill Iowa Gov. Terry Branstad, Lt. Gov. Kim Reynolds, Attorney General Tom Miller, Guardian Ad Litem Kim Ayotte and an employee of the state's Department of Human Services, deputies said.

Gillow believed all of the people he threatened to kill were involved in the removal of his grandchildren by the Department of Human Services from his daughter's custody. Gillow, a Navy veteran who suffers from post-traumatic stress disorder, told deputies he had access to weapons and had a group of people heading to Iowa to kill those involved.

Detectives in Pasco were tipped off to the threats by state attorney investigator Ken O'Brien of Polk County, Iowa.

Gillow was arrested on a charge of making written threats to kill. His bail was set at $10,000.

Credit for the reprint of this article goes out to the Tampa Bay Times.

Now, for those of you that didn't catch it, or haven't been following along, A.  I forgive you; and B.  Let me help you out.

First, the man threatened those in Government with actual feasible murder.  2nd, his bail is just $10,000.  Me?  I ALLEGEDLY threatened to kill a nobody...just a woman from Altoona, who supposedly had nothing to do with anything that happened to me, concerning the kidnapping of my child by these same criminals.  How's that un-Constitutionally high bail charge looking now?

Also worth mentioning, is the plea offer that I decided to make the state the other day.  Let me know what you think:

"I, the petitioner, Christopher (Bruce) the living man, does hereby make this plea offer:

1. The State agrees to pay the plaintiff $25,000 in restitution for 365 days
spent in the Polk County Jail, and for pain and suffering to his family, and
for violating his Constitutional rights, within 30 days, and without delay.

2. The State agrees to expunge the plaintiff’s record of the convictions of
Stalking and Harassment in the First Degree.

3. The State agrees to drop all attempts to collect room and board fees for
Christopher the living man, by and for the Polk County Jail.

4. The Plaintiff will, thereby, agree to not embarrass and expose Polk County
for the crimes committed against the plaintiff in this case, and for the case
of #FECR292312, online, and on the days of trial, July 5th and 6th, 2017,
via the media, the Executive and Legislative branches of the Iowa
Government, and via the citizens of Iowa.

5. The Plaintiff will not file civil criminal complaints against all involved in this
trial in Federal Court, embarrassing Polk County further; and possibly
ruining the careers of 3-5 judges, 3-4 Polk County Attorneys, and other
involved parties.

6. The plaintiff agrees to not contact anyone associated with any of these
cases ever again, for any reason.

7. The Plaintiff agrees to drop this case against the State, with Prejudice.

Should this plea offer be rejected on the record of the court, all plea offers will thereby be exhausted.  The Respondent, The State of Iowa, has 30 days to accept.

Christopher, The Living Man"

I think that's fair...don't you?

So...on to my fair-thee-wells, eh?

First, to my real friends, those who stuck by me, even when I became a raving lunatic at the loss of my child...worth mentioning are Sandra Johnston, Kimmy Kay White, Bryant Piner, Cassandra Weeks, Danielle Martinez and Monika Sherman.  Forever may ye wave,

I suppose I should probably give my asshole brother a kudo as well, for at least taking the time to hear me out about my cases...somewhat, and helping me realize I wasn't really crazy, that they did indeed take my child for no feasible rhyme or reason.  Other than that, I think we do better in our relationship when we hardly speak for months at a time.  I'll try to miss you, just a little...but no guarantees.

Sorry guys...that's about all I have for the good good-byes.  Now it's time for those I will never in life miss, as well as those tank people. 

To my former Mother - I hope dementia takes you to new unbelievably torturous heights, as you waste away to nothing.  Never before have I known a mother who was crass enough to totally dis-own her first-born.  This is the woman who put me in a mental institution at 8, forever tried to alienate me from my father - the only relative of mine that I DO like unconditionally; then disowned me for allegedly "threatening her", because she didn't like the fact that I wanted her to mind her own business where my marriage was concerned; then proceeded to make my wife wait for $2500 for almost 3 weeks because of it.  She hasn't spoken to me in probably 10 years or better.  Thank you for showing me all the love of a dung-beetle rolling up a ball of shit.  You will be forever forgotten, and never missed.

To my only REAL wife's family - may you all rot in Hell for abandoning Elizabeth when she married me.  This was because we caught her mother's mother trying to steal from her all that she was due when her mother died.  The grandmother STILL managed to get away with all of the insurance money, almost $300,000, but also tried to cheat her out of $240,000 in bank account savings as well.  The family disowned Elizabeth as well, when we asked her to move out of the run down house she was still living in when we moved in because of all of that - and also because she couldn't help trying to continue to control her, and still treated her like doggy-doo-doo, even after she was married, and evidently expected me to be OK with it.

To my sons, Nicholas, Ryan and Louis - Nicholas, you weren't really a bad kid...of you, I am most proud...at least you went overseas to protect our supposed freedoms.  I'm afraid I never did get with the fact that you wouldn't let me be a grandfather to my first-born grandgirl because you didn't really know me...a stupid excuse, I'm afraid.  To Ryan, thank you for blaming me for stealing that insurance check from my brother; I hope you choke on the money.  Thank you for being the criminal lunatic that you are, thanks to your equally lunatic criminal mother.  To Louis, I loved your mother more than I've ever loved another woman, and you sided with me when all of this happened to me...why you chose to fuck me over afterwards is still a real mystery.  Someday, your grandkids will definitely be told the truth about what you did, when you cut me out of their lives, I assure you.

To the criminals of Iowa...

To John P. Sarcone, Wop criminal county attorney for Polk County, Iowa - Quite Simply??  I will get you sucka.  You will either rot in jail, or you will retire in shame, when I'm through with you...count on it.  If nothing else, I will be sure that you will never operate in a criminal capacity again, you fucking moron.  Your fleecing of the Iowa citizenry that you don't care to breath on will end, and it will end very soon.

To Emily Nieman, DHS worker - Someday, you will indeed pay for what you did to our family.  I still have your number, and even though the no contact order was lifted, I have chosen still not to use it further.  Not because I'm afraid of what might happen, but because I see no need to torture you now.  I'm sure that you'll torture your own soul enough; and if you don't, I'll be sure that you do.

To ALL the Assistant County Attorneys in all of my cases - Stephanie Brown, Kevin J. Brownell, Linda Lane, Kevin Bell and now, Jesse Ramirez - Your part in my undoing will be brought to light, if it takes me the remainder of all of my days, and you will be brought very low.  Expect retribution from me in the highest order.

To Judge William A. Price - I will not rest until you are behind bars, you son-of-a-camel-jockey.  I

 will, someday, take all that you have from you, you scum.  Count on it.

Well, I think that about does it for sad goodbyes.  Toodle-oo, you Idiots Out Walking Around.  I finally made it out...intact, I might add.  Until we meet again, July 5th and 6th.  Be ready.  I sure will be  ;)

The State Post-Conviction Relief Case, Part V - The Continuance

Well, as I'm sure you may have already guessed, the case has indeed been continued.  Mostly because I asked it to be, before the State was granted their request.  Why, you might ask?  Because if I hadn't done it, if nothing else for the reason that, if I hadn't, the State would have gotten theirs anyway...but I had to, because, if trial had happened tomorrow, there would have been no witnesses present for the petitioner...me, of course, simply because I did not serve subpoenas yet, knowing the state would be granted THEIR continuance.  The other reason, of course, is that Linda Lane, former prosecutor and essential witness for the plaintiff in this case...me, of course, has not only resigned her position in Polk County...she has mysteriously vanished...to another position like-minded, out of State...conveniently, and the Polk County Attorney has made it clear that if I want to find her, I will have to hire a private investigator to do so, and that they will resist her being a witness to this case as well...also conveniently.

I say, resist away.  Resistance does not guarantee that she will NOT testify.  She will.  A private investigator WILL be hired to find her, and she will do so, mainly because she just has to.  How could she not?  She was the prosecutor.  It's obvious, that if I am to get true justice, she will have to testify.  Should she or any other witness I intend to call NOT testify, then things might just look a little one-sided, wouldn't they?  We wouldn't want that, now would we?  Not in front of the inquiring minds of America, concerning our judiciary.  Not in front of reporters and the Executive branch of our Government.  Not on the public record.  Quote all the case law you want, criminal lackey for John P., Jesse Ramirez.  Screw this up, and America will have your head.  Maybe quite literally.

See, you people in Polk County shall be made an example of...as will the District Federal Court here in Iowa.  Some have already done this.  Special mention will be made concerning the case of Wzorak comma Gene (Yes Goldie Moore, I mean you and yours).  It's about time for a judicial over-haul, and no Executive Branch excuse will suffice here (I'm referring now to their excuse that the Executive Branch cannot "interfere" in matters of the Judicial Branch, or the Legislative Branch, and vicey versey).  The people have had it, America itself has had it, and, quite extensively, I have had it.  This change of the way things are will occur in my lifetime, unless, of course, someone manages to cut that lifetime off at the pinky.  Guess we'll just see won't we?

So, the facts of the matter are thusly:  The case is continued until July 5-6.  America will most CERTAINLY be invited, with proper and timely notice.  All case filings will be published, you guessed it, right here, on ADS.  As I, the living man, am currently involved in acquiring all that I need to PROPERLY restart the "Wake Up America"tour (meaning, with a vehicle, and actual cash flow) and get a new base of operations, there will not be a whole lot of me that you'll be seeing for yet another month or two...although this does NOT mean that there will not be new articles...there will ALWAYS be that, if naught else...but when all of that is accomplished, the war will be waged and fought anew against injustice...in my life, in other's lives, and in America and the world's lives, on that you can most certainly be assured.  The case files, along with their transcripts, will be published right here, as previously promised, when I have more than one outlet and internet service.  Thank God we have all this continued extra time, so that I can get back to my life...such as it is and has been.

As a parting shot at Jesse Ramirez and the crooks of the County Attorney's office, in Des Moines, Iowa, and John P. Sarcone, head crook, in two parts:  A.  Change is coming.  Sooner than you expect, bet on it.  Iowa is just a part of that change.  I am just a part of that change.  America is sick of your criminal actions, as a whole, and the judiciary that backs you up.  The fleecing of America's working and lower classes WILL end, and it will end quickly.  B.  Once the complaint against the State of Iowa was recast (at my doing, see the article below this one for that complaint, so that this document won't be so much a mystery), there was, rather quickly, an answer by the moron Jesse Ramirez.  Here was that answer, with all the work this feeble mind put into it:

"COMES NOW, the respondent, State of Iowa, by and through Assistant Polk County Attorney, Jesse Ramirez, and hereby answers the Applicant's Application for Post Conviction Relief as filed on April 17th, 2017, as follows:

DIVISION I

The Respondant admits the allegations in Division I.

DIVISION II

The Respondent denies the allegations in Division II

DIVISION III

The Respondent denies the allegations in Division III.

DIVISION IV

The Respondent denies the allegations in Division IV

DIVISION V

The Respondent denies the allegations in Division V.

DIVISION VI

The Respondent denies the allegations in Division VI.

DIVISION VII

The Respondent denies the allegations in Division VII.

DIVISION VIII

The Respondent denies the allegations in Division VIII.

WHEREFORE, the Respondent respectfully requests the Court overrule and deny the Application for Post Conviction Relief.

Respectfully submitted,
JOHN P. SARCONE
Polk County Attorney

JESSE RAMIREZ
Assistant Polk County Attorney"


(Sorry, had to retype the document for you, since my scanner went on the blink for a minute.  The actual court document WILL replace this, eventually)

Note first that, the only section they admit to, is the charges, the conviction, and the judge in charge.  They deny everything else.  Of course, they would.  Note also that this idiot (and John P., standing behind him) just assumes that, since they deny everything, that the court should just over-rule and deny the application.

Did the court over-rule and deny the application?  ARE YOU SERIOUS?  How could they and live with themselves?  Of course they did not, they really just can't.  The allegations are just too....THERE.  The application, as it stands, HAS MERIT.  The matter will come to trial for sure just after July 4th.  Again...nice.  I like that.  More details considering this matter, will of course come as they arise...but I don't know about you, but I can do without them arising for a while, until I can get relocated and get my life back together, after these people ruined it...here in Iowa...like I care about that.  The sooner I can say I'll never be back here, the better.  Until July 4th then, this is the living man, signing out for a while...concerning this case, that is.  :D

SPECIAL NOTE:  Seems Ms. Lane won't be too hard to locate, nor will I "have to" hire a "private investigator" to find her.  She has now been promoted to ASSISTANT U.S. ATTORNEY...wow, huh?  And right here in Des Moines, Iowa, not "out of state" as I was led to believe.  Thanks go out to Ms. Lane for being prompt in updating her Linked In profile.  Thanks also to Google for finding that out for me.  Private Investigator indeed.  Who needs those when you have the handy-dandy internet at your home finger-tips?  Kiss my ass Jesse "The Moron" Ramirez!  That's MR. Private Investigator, to you.  :D

The Post Conviction Relief Case, Part IV - The Recast

Well America, the plaintiff, or petitioner in this case (Christopher the living man), has graciously allowed the idiot in charge, Jesse Ramirez, to get his recast of the original complaint against the state.  I have also allowed him an additional 30 days to respond/answer, even though they had 4 big months to answer the first time.  Had the respondent been me, I woulda had my nuts cut off.  But, because the crooks all support each other, I'm sure they'll be allowed to continue.  Here then, is my RECASTED complaint:

I, petitioner, christopher (bruce) the living man, do hereby grant a recast for the purposes of the State to properly “answer” my claim, with these facts stated:

The original petition was established and amended by December 29^th, 2016.  According to Iowa Rules of Civil Procedure, and Chapter 822 of the Iowa Code, the state then has 30 days to respond or motion with affidavits (Iowa Code Chapter 822.6, 2015).  No answer or such motion with affidavits were made within the allotted time given by the courts.  When this was not done, and no pre-trial motions were filed, the Plaintiff then asked for summary judgement in the case, as is allowed according to I.R.C.P. and Chapter 822.  This motion was denied the plaintiff by Judge Jeanie Vaudt.  Now, 2 weeks before trial, the court is allowing the State a chance to continue, and have the plaintiff recast his application, even though the application has been on the docket, finally amended, for over 4 months.  Had the answer been the responsibility of the plaintiff, the courts would have denied any such motion even be heard, due to time constraints.  The District Court hereby has erred in its judgement, and such judgement is now public record.

With this said, the Plaintiff hereby recasts the application, according to the wishes of the crooks at the Polk County Attorney’s offices.  Let it be known that, pursuant to Iowa Code Chapter 822, the State of Iowa, respondent, FROM THIS DATE FORWARD, has 30 days with which to answer, or file motion with affidavits.  The Plaintiff thereby grants the court to allow for the continuance of this matter for the 30 days stated, in addition to any additional time needed by the prosecutor to better understand the trouble his office is in, and the mess he just inherited.

I.

Conviction or sentence concerning which Postconviction relief is demanded:

A.      Crime and Statute applicant was convicted of violating:   Iowa Code 708.11 (Stalking) and Iowa Code 708.7 (Harassment, 1^st Degree).

B.      Criminal Case #FECR292312

C.      District Court and Judge that entered judgment of conviction or sentence:  Judge Robert Blink.

D.      Date of entry of judgment of conviction or sentence:  April 16^th, 2016 (Conviction) and May 4th, 2016 (Sentence)

E.       Sentence:  1 year suspended after 60 days served, 2 years of probation.

F.       Place of Confinement:  Polk County (Iowa) jail.

G.     Plea:  Not Guilty

H.      Trial:  Jury

II.

Prior Proceedings:

A.      Conviction of sentence WAS NOT appealed, due to ineffective counsel.

B.      Other petitions, applications or motions relating to this conviction or sentence in any court, state or federal:

1.       Name of Court:  8^th District Federal Court, Des Moines, Iowa

2.       Nature of Proceedings:  Habeas Corpus

3.       Grounds Raised:  The Constitutionality of both the conviction and the sentence, judicial and prosecutorial misconduct, unconstitutionally high bails, dismissal of key evidence and witnesses, ineffective council, and denial of the plaintiff’s right to defend himself in his own person.

4.       Result:  Case dismissed during pre-screening, due to “not all state remedies have been exhausted.”

5.       Date of Result:  May 5^th, 2016.

III.

Grounds upon which application is based:

A.      The conviction or sentence was in violation of the Constitution of the United States or the Constitution or laws of this state; and

D.      There exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice.

F.       The conviction or sentence is otherwise subject to collateral attack upon ground(s) of alleged error formerly available under any common law, statutory, or other writ, motion, proceeding, or remedy.

Specific explanation of grounds, and allegation of facts:

A:            Bail was set at $2000 on the date of arrest, then raised to $70,000 the same date, when bail SHOULD HAVE BEEN $9,000.  This was based on the fact that the defendant had “An extensive criminal history” of just two plead to simple misdemeanors and charges of two more, and three more simple misdemeanor convictions, all in a 42 year time span.  This bond was set high on the date of the plaintiff’s arrest, and not lowered until his conviction, neither did “Stand-by” council ever suggest or motion for its lowering.  This high bail, imposed against the plaintiff, was in violation of both the Constitution of the United States (Amendment 8), and the Constitution of the State of Iowa (Article I, Section 17); which states “Excessive Bail shall not be imposed…”  Also in violation of the Constitution, was Judge Kelly’s denial of the plaintiff’s right to defend himself in his own person (without an attorney), pro se.  This is in direct violation of rights for a pro se litigant, provided by the Constitution of the United States of America (Amendment 6); REGARDLESS OF INCARCERATION.

D:            Evidence of a relevant nature was dismissed from the case, and witnesses for the

defendant (the 11 that were not quashed) were asked to leave for two days, and did not return a 3^rd.  29 other witnesses (all elected officials and civil servants) were allowed to be quashed from testifying for the defense, the Friday before the Monday of trial, giving the plaintiff no time to recover or re-prepare his defense, and leaving him with essentially no evidence and no witnesses to defend himself with.  Thereby, there exists a PLETHORA of evidence and testimony, not previously presented or heard that requires vacation of the conviction or sentence in the interest of justice.

F:            The District Court Judge (Judge Robert Blink) erred, in that he did not issue a promised no contact order between Mark Worthington and Christopher Bruce; when the plaintiff proved, beyond all reasonable doubt, that Mark had been harassing the plaintiff for months.   He erred in threatening the plaintiff with charges of harassment of the opposing attorney in the case.  He erred in not granting a mistrial, after the Des Moines Register libeled the petitioner 1 day before the jury went into deliberations.   Judge Blink also erred against the petitioner by issuing a warrant for his arrest for probation violation, causing him to be arrested AGAIN, even though the plaintiff had repeatedly motioned that he wanted to be revoked and serve the remainder of his sentence.  Finally, Judge Blink is accused of conspiring against the civil rights of the plaintiff at all times.

IV.

Facts supporting application within personal knowledge of applicant:

Already Stated.

V.

The following documents, exhibits, affidavits, records, or other evidence supporting this application are attached to the application:

1.       Order denying pro se rights (Judge Kelly)

2.       County Attorney’s approvals of all charges

3.       Initial appearance for charges

4.       Motion demanding pro se rights

5.       Motion in limine

6.       Order to quash subpoenas and dismiss all evidence (Judge Blink)

7.       Letter to Judge (Blink) asking for reconsideration of sentence.

8.       Order setting reconsideration hearing

9.       Warrant issued by Judge (Blink) to arrest petitioner for probation violation.

10.   Des Moines Register Article

11.   Minutes of Testimony (in this case)

VI.

The following documents, exhibits, affidavits, records, or other evidence supporting this application are NOT attached to the application:

1.       All evidence filed by the plaintiff in criminal case #292312, dismissed by the judge (Blink) the Friday before the Monday of trial, listed in his order to dismiss evidence, filed in this case as an exhibit.

These items are not attached for the following reason(s):

There are over 200 pieces of filed evidence, by the plaintiff, and these are readily available for FOYA, since the case is (supposedly) on the public record, and the evidence was maintained (supposedly) for appeal.

VII.

Relief Desired:

The plaintiff asks that his record be expunged of all convictions and charges brought against the plaintiff in this case.  The plaintiff asks that the decision reached in this petitioner’s case be vacated.  The plaintiff asks for punitive damages, both for each day he was wrongfully incarcerated, and for pain and suffering, due to mental anguish, false imprisonment and vindictive actions taken by the Polk County attorney’s offices and the judges responsible in this case.  Finally, the plaintiff asks the court to relieve the plaintiff of the need to pay the Polk County Jail for room and board fees, or grant him judgment in the form of relief to cover those costs.

VIII.

I, the undersigned applicant, am NOT able to pay court costs and expenses of representation (due to found and ruled indigent status) and do NOT desire to have counsel appointed to represent me concerning this application.  A financial affidavit has been filed in this matter, and the desire to represent himself pro se has been submitted.

VERIFICATION

I, Christopher (Bruce) the living man, being first duly sworn, declare to the undersigned authority that the information in this application, including the facts within my personal knowledge set out in division IV and the items listed in division V, is true and correct.