From:  www.thelastinspector.comI Haven’t Rode on the Train in a Long, Long Time. 


Monday, March 24, 2008, 06:50 AM I haven’t traveled by railroad since so long ago I don’t know when it was, but last week I rode uninterrupted all week long on a train in which I was the sole occupant with a destination as predetermined as any scheduled Amtrak service—with this unstoppable train’s destination in effect set to the edge of a cliff of a deep, deep chasm by Boeing, the King County Prosecutor Boeing largely financed last November’s election of, and a compliant (thufar) King County Superior Court system.Railroaded. There is no other way to describe last week’s sequence of events in pre-trial hearings before the trial this week with its all but certain similarly predetermined ending to please corrupt Boeing management and attorneys who really should be on this train, albeit I would at least grant them a fair trial despite the vastly greater crimes they committed than I am being railroaded for supposedly committing—as opposed to the unfair trial they are ensuring for me with money funneled to the King County Prosecutor’s successful (because of it) campaign, executives conferring strategy against me in closed door meetings at Boeing’s headquarters, taking precious time away from their own continuing and complex fraudulent activities, and communication via Blackberry device from and to the courtroom to ensure the train they put me on isn’t detoured in any way.This railroading started in earnest Monday at a hearing before Superior Court Judge Carey where my attorney tried to stop the railroading before it began by asking for just a week’s continuance until we could finally get the information requested from my seized computer that was needed for my defense that we were promised by the prosecutor the previous Friday, so at least we had the weekend to review it and incorporate it in my defense before trial. The prosecution and Seattle Police Department failed to produce the information required for my defense despite almost the full week’s time to do so under the guise that the terms we wanted to search my computer for were crashing the police database of what was on my computer. They tried to search for all of the 56 search terms we requested at the same time, which “crashed” their database, they said. Both my attorney and I, not as computer savvy as them by far, wondered why they couldn’t search for each term separately, and maybe get us at least some of the requested information. The answer seemed clear—it was just an excuse to withhold the information needed for my defense from us.

The prosecution’s case is based on information they supposedly found on my computer that supposedly relates to information found in articles in the Seattle Times. While they are using such information they supposedly gleaned from my computer to prosecute me, they are not willing to let me access my own files on my computer in order to prepare a defense to those charges, yet another reason I have been in effect placed on a train with sabotaged brakes by the “working together” team of the King County Prosecutor and Boeing with the destination of my doom in order to “kill the messenger” of Boeing’s vastly greater and numerous crimes against myriad innocent commercial airplane travelers and against our nation’s security itself.

The prosecutor argued to judge Carey that, even if there was proof on my computer that Boeing was violating laws and regulations by intentionally placing airline passengers at greater risk of death for more bottom line dollars by not doing required inspections, then that would not prevent him from convicting me on the (relatively very petty) charges against me. The judge seemed to agree, and abetted the prosecutor’s “don’t give a damn” attitude about airline passenger safety and Boeing’s breaking of laws and regulations that placed them at much greater risk, and kept the train I was on running on its predetermined destination despite withholding of essential information and the time to review it in order to present our defense to the retaliatory charges making the term “malicious prosecution” inadequate to describe the situation. The judge denied our motion for continuance for a week and placed the case on the trial schedule as a priority for the next judge available for a trial to take.

I then left, as my attorney said it would likely be the next day at the earliest when a judge could be found for such a long case. However, just a few hours later my attorney called me an told me to be back at the courthouse ASAP, as a judge had already been assigned to the case! By the time I got there, the pre-trial motion part of my persecution had already begun.

The judge assigned to the case was Monica J. Benton, who I just this weekend learned was appointed by Democratic Governor Christine Gregoire, which was a shocking revelation after watching her rule against the well reasoned motions backed by numerous case law pecedents all week.

My attorney would present detailed and very relevant case law and arguments to justify our motions, then the prosecutor would give some inane interpretation of cases almost totally unrelated to the issue at hand and then present his obviously highly biased personal opinion (not reasoned legal argument based on the facts) of that case and how it should negate our motion, then the judge would rule against us (and the law) and for his personally and intentionally twisted opinions of vaguely related cases, everytime.

It was disillusioning, to say the least. First you see wholesale corruption placing lives at risk at Boeing, then you find out the enabling corruption in FAA management that intentionally rollerstamps its oversight role of Boeing as “it’s all good” without any real oversight of Boeing at all. Then you find out the enabling DOT OIG that will not act against Boeing or FAA management itself, no matter the merits of the case. Then you find out that your own county justice system is highly biased, and next to impossible to get a fair trial in.

My attorney told me, after I indicated to her my dismay at her (what I saw to be “slam dunk” legal argument based) motions all getting ruled against by the judge, that people new to the justice system there are shocked, like I was, when they find out how biased the whole court system is against the defendant. I couldn’t have agreed more with her on that point.

One of the days the prosecutor even had the gall to ask the judge to admonish (or a similar term) my attorney for stating to the Seattle Post-Intelligencer that, “Boeing is a very big presence here in this part of the country. I think that the prosecutor is under a lot of pressure from Boeing,” to which any reasoned person would say “duh” to, however the prosecutor feigned outrage at such a suggestion that he was somehow under pressure from Boeing despite having practically been living with two or three Boeing Legal attorneys and one attorney hired by Boeing from an outside law firm for the past nearly two years, and especially the past few weeks. At least the judge didn’t bite on that one. My attorney and the Deputy Prosecutor had seemed to be getting along well with each other during various hearings, probably due to my attorney’s belief that being adversarial when not before a judge is not in the client’s best interest, however this undeserved jab by him in an effort to prejudice the judge may change things.

But the most damaging thing that occurred last week in the many rulings against us by a biased court system was the motion the judge granted taking away our right to argue a necessity defense for my actions. Of course, the only reason I ever contacted the press was to go public with my story after all other avenues had failed. I knew many lives would be placed at greater and greater risk as time went on if Boeing’s fraud in quality assurance management was permitted to continue unabated. However that sole reason for my actions will not be allowed to be presented in my defense due to the judge’s ruling.

Interestingly, this again hinged on what was obviously a bogus and biased argument by the Deputy Prosecutor. He cited a case about an elk that had charged a person who shot it outside of hunting season. The court found that he acted on necessity even though he broke the law, and could not be charged. The Deputy Prosecutor then (intentionally?) misquoted the case and stated the case made it clear that a necessity defense could only be presented if I was being compelled to commit a crime “by a force of nature” such as the charging elk. He again reiterated that even if my allegations of rollerstamping at Boeing are true, then that doesn’t deter him in any way from charging me with crimes they chose to charge me with. My attorney correctly quoted the case law and stated that in addition to “force of nature,” “the pressure of circumstance,” as was the case in my situation, was also permitted as a necessity defense.

The judge then said case law did support a “pressure of circumstance” necessity defense, but then she ruled against us because I wasn’t “personally endangered”! Quite unbelievable, isn’t it? I could only defend myself with the necessity defense if I was defending myself from danger. I couldn’t to so to protect the millions of lives Boeing had intentionally placed in danger in order to reap greater profit margins while Death also reaped greater returns. That’s justice for you. Or, more aptly, injustice, perhaps.

So, I guess the moral is that you had better not intervene and try to save anyone from harm by another person, lest you hurt the perpetrator while saving someone’s life and end up doing time for that, while the attacker walks free to hurt, maim, and kill again. Doesn’t sound logical to me, but that appears to be the law of this State, anyway. It’s a big disincentive for people to do the right thing, which is no doubt what Boeing and the Deputy Prosecutor are trying to ensure by my trial. Do gooders beware, as unethical companies and prosecutors have free reign, at least in King County.

Due to the current King County Prosecutor impersonating a just deceased and respected Republican King County Prosecutor, as well as donations and the running of his campaign by Boeing’s chief outside law firm, the current Republican King County Prosecutor was elected last November, a mistake by an electorate that obviously didn’t know the man at all, and who could blame them as he was doing his best to impersonate his dead boss to gain his job, running on his bosses’ accomplishments and not his own. The deceased former King County Prosecutor, Norm Maleng, was perhaps the only Republican in King County government (which are few) that was well respected. Indeed, Mr. Maleng’s death hurt the prosecutor’s office immensely, allowing the current King County Prosecutor to gain office by what was so blatant an impersonation of Mr. Maleng it could be charged, I believe, as a case of identity theft. What has resulted is a fascist prosecutors office that ignores purposely and openly crimes by corporations and white collar criminals, while holding those “little guys” not well connected to it to the law. It is no accident, perhaps, that the current King County Prosecutor touted as an accomplishment his running a organization of young Republican boys/men, the nearest thing I’ve heard to similar groups Adolph Hitler founded. Not to say that the group has the beliefs of the Nazis outside the general Republican belief that fascism is good (government controlled by and ran for corporations rather than the people) and socialism like social security is bad. So the King County Prosecutor’s office being run out of “Boeing’s pants” is no great surprise. If my predetermined conviction does any good, it will be in exposing these “working together” crooks for what they really are, and for what a justice system they promise to put in place in the future if left in power, ala George Orwell’s “1984” justice system.

We lost all the battles last week, despite having the law behind us. The prosecutor won his arguments solely by saying, “I believe,” then stating how the case law really meant the opposite of what it actually meant. Too bad the judge for the most part bought it.

We did win a few small points. While we sought substantive relief before trial in reducing the number of charges due to overlap and other legal precedents, the judge allowed us to argue that point to a jury only following my predetermined conviction. Never mind that the jury would be prejudiced by the number of charges against me during the trial itself, making a conviction more likely, as that is the destination already chosen for this “railroad” I am on.

Another interesting fact is that the prosecutor sought to further suck up to Boeing by protecting Boeing from another one of their crimes—Sarbanes Oxley violations. The prosecutor presented a motion to exclude any testimony about violations of the SOX laws by Boeing by Boeing not protecting their financial data from access and manipulation as required. My attorney is working on our response to that motion.

And yet another interesting fact is that the “star” Boeing witness against me, Mike Bair, failed former head of the 787 program and still on Boeing’s payroll for reasons unknown, stated in his interview with my attorney that the leak to the Seattle Times of Boeing Commercial Airplane’s CEO’s recommendation to Boeing’s Board of Directors of Everett as winner of the site selection contest for final assembly site of the 787 had pressured the board to go with that selection, although he also said it could have made them go the other way, I guess for spite purposes. He called the leak “a brush with death.” What isn’t known is why he testified about that leak as I am not charged with that leak to the press. Perhaps it is just because he, just as Boeing’s Corporate Security Manager said to me during my interview the day after I was released from jail after my arrest, believes I was the source of that leak, and forced Boeing’s Board to select Everett with all of its “union problems” over the Board’s preferred site for final assembly of South Carolina. I detail Boeing’s belief I forced them to site the 787 in Washington State on my website. Bair’s interview only confirms their belief that is the case, which is not the true reason they are retaliating against me via these unfounded charges.

Gerry

The Last Inspector

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