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05/17/05 Demand for Self Representation
Last revised 12/09/05


 

May 17, 2005

Hillary B. Strackbein, Superior Court Judge 
Superior Court, G.A. 10 
112 Broad Street 
New London, Connecticut    06320 
Fax: 860/437-1168

Subject: Competency trial relating to CT Superior Court Dockets# CR 03-0272043-S, CR 03-0274020-S, MV03-0657247-S:

  • Demand of constitutional right of self-representation
  • Notice of application for promulgation of a declaratory decree, pursuant to DOJ/CRD case #144-14-0, filed 06/13/03 and relating to DOJ/FBI case#62F-HQ-1077231, initiated 05/09/03
  • Request for continuance of competency trial

 

Your Honor,
I am requesting your attention to my following statements and intentions:

Demand of constitutional right of self-representation
In accordance with rights provided under the sixth amendment of the Constitution of the United State, I am respectfully demanding self-representation in my competency trial relating to the above CT Superior Court cases and I am formally objecting to the court order to have someone else represent me. In addition, I feel that my welfare, including my freedom and other constitutional rights, are not only being jeopardized and/or compromised by me being prohibited to represent and defend myself in this trial, but are being further jeopardized and/or compromised by the actions and non-actions of the court appointed Special Public Defender.

In anticipation of argument being raised that self-representation may conflict with right to a fair trial, I must point out the impediments to my fair trial that are resulting from the court ordering me to be, instead, represented by Special Public Defender, Beth Hogan. Although Ms. Hogan sometimes exhibits or states intentions to carry out activities relating to trial preparation in a satisfactory manner, most times she does not follow through with the interest and/or enthusiasm she's displayed, or statements she's made, including in critical trial preparation. In all fairness to Ms. Hogan, I realize that these shortcomings may be due to a heavy workload, but my focus must be on how these incidents ultimately impact the prognosis of my receiving a fair trial. The additional time and effort required to work around these issues has severely impacted my other work, including time that I would have, otherwise, been able to spend preparing for these two court trials.


Notice that request for somehow facilitating a declaratory decree is being made to the US DOJ pursuant to claim filed prior to incident that initiated this case

Due to the relevance of incidents involved in this case to DOJ/CRD case #144-14-0, filed two days before the 6/16/03 arrest relating to CR 03-0272043-S, additional information is being submitted to DOJ/CRD to consider these as part of that possible investigation. That office has further advised me that any additional possible civil rights violations that may emerge as a result of investigation of #144-14-0 will be treated as a separate case.

In addition, Application for promulgation of a declaratory decree, pursuant to DOJ/CRD case #144-14-0, filed 06/13/03 is being filed with that office. 42USC1983 provides that "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. " However, it further states, "any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable."

Currently, federal authorities and citizens, such as myself, involved in investigating and challenging modern-day slavery are still learning about aspects relating to this crime, including schemes being used by perpetrators in abuse of law and the legal system to support and protect their activities. At the same time, we realize that special efforts are needed to establish mechanisms in a timely manner to help prevent this rampant and very serious crime from further proliferating.

A pattern is emerging of evidence of psychiatrists basing "incompetence" diagnosis on someone's belief that modern-day slavery exists or on a person pursuing investigation against this crime. Being able to obstruct this scheme can be a significant breakthrough in the fight against human trafficking. Being able to obstruct this scheme should also significantly impact the outcome of my competency trial and, thus, the impact on my freedom and other welfare.

I am contending that there is overwhelming evidence of possible abuse of law and the legal system by criminal elements in retaliation against my work in anti-slavery efforts and pursuit for investigation of possible federal and international human rights violations, and actions being taken, through these proceedings, which obstruct my right of freedom to speak or harbor thoughts about certain concepts, particularly modern-day slavery and associated organized crime. This particularly applies to the basis of the OCE's report to the court regarding my competency.

Under these circumstances, time should be allowed for a declarative decree to be promulgated that will ensure that the rights, freedom and other aspects of welfare of people, such as myself, are not further endangered or that I will, at least, be provided opportunity for possible redress at a later date. (Documentation and details relating to DOJ/CRD case #144-14-0, submitted 06/13/03, and DOJ/FBI case#62F-HQ-1077231, initiated 05/09/03, are included in the sealed documents submitted to Judge McMahon and, thereby, to the court, on 07/08/03.)


Request for continuance of competency trial

More than adequate time and opportunity has been provided to the prosecution and for the court appointed Special Public Defender to prepare for this case. I would like the same amount of consideration to 

  • Enable me to now prepare for self-representation in the competency trial 
  • Enable request and processing of mandamus relating to possible human rights violations and/or other irregularities that may have occurred, so far, relating to this case, and to help ensure that the hearings of these cases are fair and appropriate. 

As just the phrasing of this request to you may prove, additional time is needed for me to perform research and other activities relating to these.

Please let me know of your decision regarding the continuance by this afternoon or tomorrow morning. In the meantime, I will be continuing work, now beginning, in anticipation of a reasonable accommodation of such by the court.

 

Respectfully,
[my signature]
Marianne LaBrecque
45 Monroe Street 
Waterford, CT 06385

Cc: 
Beth Hogan, Special Public Defender 
Albert Moskowitz, Chief, Civil Rights Division, U.S. Department of Justice 
FBI Director Robert Mueller, Federal Bureau of Investigation 
Emmett McGroarty, U. S. Dept. of Health and Human Services' Campaign to Rescue & Restore Victims of Human Trafficking 
Steve Wagner, director of the HHS Campaign (sent via Emmett McGroarty: ATT: Steve Wagner) 
Kevin O'Connor, U.S. Attorney, District of Connecticut, U.S. Department of Justice Representative 
Andrea Stillman 
Joint Commission on Accreditation of Healthcare Organizations, ref: case# 45891

Reference: 
DOJ/CRD case#: 

  • 144-14-0

DOJ/FBI case/file #'s: 

  • 62F-HQ-1077231-29311 (?) (? 03-11553 ?) 
  • 62F-HQ-1077231-30766 (? 03-173_8 ?) 
  • 62F-HQ-1077231-31715 (? 04-10571 ?) 
  • 62-0-14540(FBI-New Haven CT) 
  • also possibly NH62-0, Ser.14772 (? 04-10571 ?)

 


Note: Andrea Stillman is a Connecticut State Representative, Democrat, 38th Assembly District, Waterford and Montville.  Also see 07/06/04 - Connecticut's own governmental anti-slavery efforts > How did I miss this?

 

 

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