|
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#:
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?
See
emails:
Click
to return to Court Developments page
WORK
ON THIS PAGE IS STILL IN PROGRESS
|