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On the front lines: 'Lawfare' in Probate Court

by Janet Phelan Saturday, May. 19, 2012 at 4:39 PM

“At some future date, historians will look back on this period in the United States as the equivalent of a Dark Ages in terms of political oppression, evidenced in part by corruption of the legal system."

Thursday in Riverside Superior Court, Department 8, I attempted to execute a citizen’s arrest of an attorney. Toni Eggebraaten, the attorney for the Family Trust for which I am a beneficiary, filed an accounting in which she attempted to obscure her embezzling thirty thousand dollars. Alarmed at the accounting, I had contacted a lawyer who surveyed the accountings and confirmed for me that she had, indeed, embezzled thirty grand and had attempted to hide her crime.

The court opened for business at 8: 30 this morning. Probate Judge Thomas Cahraman announced he was going to shuffle the order of the docket and call the Phelan case first. He began by complimenting me on my writing ability, saying, “You must have some education.” He began to wax on about the cadence and lift to my writing style. He then noted that I had filed no objections to the petition by Eggebraaten.

Correction, I said. I wrote in my pleading that she embezzled thirty thousand dollars and that there is absolutely no point to my filing objections. I wrote that you always find against me, no matter what I present to the court.

That’s not true, protested the judge. “I have made many decisions in your favor.”

Not a single one, I replied truthfully. And then I switched into high gear. “Toni Eggebraaten has embezzled thirty thousand dollars and I am therefore executing a citizen’s arrest. Bailiff, take Ms. Eggebraaten into custody.”

The judge began to rattle on, ignoring what I had just said. “Excuse me”, I said, “I am executing a citizen’s arrest. I am exercising my legal right to do so. Bailiff, please take Ms. Eggebraaten into custody.”

“If you keep on this way I will revoke your right to appear by court call”, said the judge.

I repeated that I was executing a citizen’s arrest.

“Nothing you file ever has legal merit,” cried the judge.

“Really?” I said.” Look at my current filing. I have attached as an exhibit proof that the Trustee is attempting, through her accountant, to affix liability onto me for the taxes on the income to the Trust. This is a violation of Title 26 Section 641 of the US Code. Is that also lacking legal merit?”

“I am terminating this hearing,” said Cahraman and hung up on me.

The pleadings in front of the judge delineated a number of laws violated in this case, including embezzlement, deprivation of rights under color of law and violations of the IRS code. By so obstructing my efforts to execute a citizen’s arrest on Toni Eggebraaten, the judge committed misprison of felony and obstruction of justice. He could also be considered an accessory after the fact to the thirty thousand she illegally pocketed.

The citizen’s arrest of Toni Eggebraaten will be taking place at a later date. There will also be an attempt to execute a citizen’s arrest of Judge Thomas Cahraman for his part in this pretense of justice.

One can play nice only so long. Like so many who are attempting to exact justice out of a turnip court, I have gone to court over and over only to be deprived of my rights to due process and of my rightful inheritance. The fact that at the core of this case lies a murder, the murder of my mother, Dr. Amalie Phelan, who was under a conservatorship overseen by this court, takes the issue to another level.

Title 18 Section 242 of the US code, Deprivation of Rights Under Color of Law, may mandate the death penalty for a judge who so violates an individual’s rights. The deprivation of rights by a Riverside Superior Court judge resulted in my mother’s death. Also potentially invoking the death penalty is a murder committed in the course of another crime, such as theft. The continuing efforts by the court to cover up this murder and also to whitewash the theft of funds, which have gone to pay off Judith Phelan for her part in the murder of her mother, escalate this case into a death penalty matter—for the involved judges and the lawyers who are stealing to pay off matricide. Judith, by the way, has changed her name to Anna Bloom in order to mitigate unwanted attention since she made off like a bandit. Judith/Anna is now residing in the San Francisco Bay area.

Here are the closing remarks in the pleadings that were in front of the judge today:

“At some future date, historians will look back on this period in the United States as the equivalent of a Dark Ages in terms of political oppression, evidenced in part by corruption of the legal system. Indeed, some authors, such as Morris Berman and Chris Hedges, are already so declaring this. The actions by this particular court in this specific case aptly demonstrate the genteel brutality of a Pretender Court, a court which is operating in violation of the Constitution of the United States of America. It is a court of privilege and abuse, of murder and theft, not a court of law.

I declare under penalty of perjury that this court is rogue and is not operating as a lawful, unbiased and honorable court of law. Its decisions and actions do not reflect the law of the United States of America or the State of California. The proceedings are sham proceedings. The theft and abuse, however, are quite real.”

The time has come for the citizens of the United States to rise up against judicial oppression. I strongly suggest that community groups come together and start executing citizens’ arrests of judges, magistrates and commissioners who violate the Constitution. The time is long past for pleadings and prayers to courts which are hell- bent on murder and theft.
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