Judicial misconduct in Massachusetts

Judicial misconduct in Massachusetts
Commonwealth of Massachusetts vs The Constitution of the United States

This is a condensed true story of a man who was persecuted for his protest over the Massachusetts judicial systems violation of his Constitutional rights, human rights and interference with his relationship with his son.
I took a stand against many areas and procedures of the judicial system and have demonstrated some alarming intentional violations of human and Constitutional rights. This story took place at and in the Wrentham district court as well as Dedham Probate and Superior courts and has been kept from the media. This is what you can expect from a corrupted judicial system, which is being mislead by Liberals and homosexuals who could care less about honest men and children. By the way this is the only State that is dominated by Democrats, and some blame it on the water. What I believe is that I am the Patriot that will step forth to stop this system of destructive, unconstitutional behavior that is destroying our families and separating fathers from their children and making it impossible for a man to lead his family as he sees fit.
I advised my son over the phone that I did not approve of him going on vacation to Germany with his mother and her live in boyfriend as well as him having any kind of relationship with the boyfriend other than living in the same household. He told me it was a chance of a lifetime for him and that he was going against my will. I protested and an argument ensued which ended with my x wife getting on the phone and I hung up. The next day I was given a restraining order based on a hearing I was not even there to defend myself in. And my Firearms identification card (FID) was confiscated. I defended myself against the restraining order about 2 weeks later which the judge quickly threw out based on the facts which both parties presented to him and the statement from my x wife that I had never harmed her before in the 25 years we had been together. I on the other hand testified that I was constantly abused by her and that I wanted no further contact with her for any reason. Three days after the dismissal I asked for my FID card back and was told I could not have it back for 1 week after a dismissed restraining order. 6 days after the dismissal I was presented with an identical restraining order from a different court. While I was in full compliance and under the direction of my local police dept. I was hunted down and arrested on Friday Nov.13 1998 by a different police dept. and taken to jail for violating a restraining order. (which I was later found innocent of in a jury trial). I was quickly released after pleading my case in the custody of the Police station which was reviewed by a Judge who had me released in an unorthodox manner on Friday evening on $25 bail and ordered me to be in court first thing Monday am at 8:30. Apologies extended to me by the police and according to them the Judge as well. I was unable to obtain proper council on Saturday or Sunday ( when I worked all day and was forced to defend myself. After 2 days of careful thought, during a 21 hour hike and legal research I decided that a protest was necessary to highlight the injustices I had been through which seem to be the standard procedure of removing a mans ability to teach and have a relationship with his children. And my right to bear arms and defend myself by carrying a bow and arrows would be considered as a demonstration of disapproval of my rights being trampled upon if more traditional demonstrations of disapproval were ignored.
On Monday November 16 at 8:30 am, 3 days after my arrest in suit and tie, wool over coat and hat (impeccably dressed) I informed court security in person inside the front door of the court house that I would not subject myself to the judicial systems attempt to process me and informed them that “If the Judge wants to talk to me, I’ll be across the street in the cemetery”. I walked the cemetery grounds for one hour and had not heard from any court official. I then took a bow and arrows from my vehicle (which was parked in front of a tomb) and with headphones on playing music took up a position across the street from and directly in front of the court house whereby I did not move or speak and stared off into the direction of the court house with the compound bow and razor tipped quiver of arrows over my shoulder. Within minutes a policeman rushed me from inside an out of control private vehicle (which missed me by about a foot) driven by a private citizen and arrested me and took me to the police station. My only statement during the arrest and incarceration was “please don’t hurt me”. I was charged with:
1) Carrying a dangerous weapon. 2) Disorderly conduct. 3) Threat to commit a crime. 4) As well as the Violation of a restraining order which brought me to the court house that day. I made no comments to the questions and intimidation tactics from the police and was denied a private phone call and was taken back to the court house where I was given no choice but to accept a public defender or represent myself. I explained my circumstances and protest to her (Nancy Winn) and she advised me to tell my story to the court psychologist to give better meaning to my less than everyday protest. I agreed and under diress through the bars of a jail cell with 10 to 12 people listening told the psychologist a very long story in a short span of time. Shortly thereafter I was taken before a Judge who’s court I had disrupted ( Daniel Winslow ). My lawyer pleaded my case very well after only having about 15 minutes contact with me. The court psychologist painted me out to be “probably, but he could be wrong BI polar” and the judge without ever even looking at me sent me to a mental institution for 20 days of observation to teach me a lesson for standing up for my Constitutional rights. During the 20 days I was frequently put at risk of harm physically and mentally as well as threatened with submission to taking mind altering drugs or else I would never leave the Hospital system and would never be allowed to see my child again. I resisted the attacks and was taken back to court 20 days later having not resisted or cooperated with the system. I simply passed through the system without letting it get to me, protesting as often as possible. In court I faced the same Judge with my new lawyer ( Joe Cataldo ) who had only been hired a few days prior. My protest was once again presented and I was sent to jail with an assignment of “No Bail” pending trial. A week later my lawyer represented me in a Superior court dangerousness hearing to determine if bail should be set, once again it was denied ( by judge Sikora). I spent a 2nd week in jail before another attempt to get me out was granted in part to a witness/x neighbor and long term friend testifying that she was aware of a conspiracy by my x wife that lead to the planned restraining order and arrest. My provisions of $5,000 bail, were that I had to go through a psychiatric counciling program and remain living with my 2 younger brothers or I would be sent back to jail. As well as the provisions of a continued restraining order. I adhered to the provisions of bail and paid for the counciling out of my own pocket rather that submit it to the records of my insurance company. After 3 months I was taken to trial by the same judge (Winslow) for violation of a restraining order, the prosecution used my son and the booking officer as the only witness against me. The evidence from the defense and the prosecution were basically the same and uncontested. My lawyer motioned that no matter who’s story you want to believe they all point to my client not violating the restraining order. In other words without any evidence whatsoever, presented or implied I was taken before a jury to decide my fate based on speculation and heresay to teach me a lesson about attempting to maintain my rights as a father and a citizen. The jury found me not guilty. After countless continuances and cancellations by the prosecution designed to escalate my legal fees and interfere with my employment, including an appearance on Good Friday when the prosecution was not prepared and several deals from the prosecution that I refused, I again went on trial Feb 24, 2000. Judge Winslow was asked to recuse himself and he did as well as postponing the trial again. A Judge from another court (Bernadette Sabra, Fall River/ New Bedford) presided and the court dropped the charge of “Threat to commit a crime” at that time but proceeded on “Disorderly conduct and Carrying a dangerous weapon” Many witnesses testified and none of them presented a fact or evidence which constituted reason to believe that a crime was committed. I testified on my own behalf and rigorously defended my actions and Constitutional rights as well as insulted the integrity of the judicial procedures and personnel who persecuted me. I denied nothing that they claimed I did and again no statements or evidence were contested. Let their be no doubt that the jury was frightened of my verbal accusations of judicial wrong doing and my spoken and physical disrespect for the court personnel and its procedures. The judge was so overcome with emotion that she was noticeably holding back tears and her voice was strained. I was quickly convicted by a 6 person jury on both the disorderly conduct and carrying a dangerous weapon charges. My lawyer asked for a required finding of not guilty and after a brief recess the Judge came back with a reversal stating to the effect that (no reasonable jury could have convicted this man, and that his actions however strange were not unlawful) and entered a required finding of not guilty. The district attorney objected but did not file a motion to overturn. With some reluctance and several more protests at the courthouse and police station my bow was returned to me about 40 days after the trial. My attorney feels as though by either vagueness or immunity neither criminal or civil charges can be successfully entertained against any of the persons involved in persecuting me. I have since attempted to get my F.I.D. card back and have been denied because I am listed as being found guilty of Disorderly conduct and Threat to kill and must once again fight for my right to keep and bear arms. I have never owned a firearm and my record was clear before this began. I have also requested and paid for the audio tapes of my second trial but received a copy which is inaudible in areas of my testimony and other areas of witness testimony which do not reflect well of the prosecution. I have complained in writing twice and over the phone numerous times but have yet a get a completely audible copy. I have been told by Asst. magistrate Semence that I can come in and listen to the original. What this means is that the court can no longer afford a stenographer and that evidence in the form of audio tapes is being corrupted in an attempt to hide the truth. I found no difficulty whatsoever in proving my innocence through facts and testimony yet the persecutors had no luck in even presenting a fact or a witness that lead anyone of intellegence to beleive that a crime had been committed regardless of how many times they intentionally tried to mislead and misrepresent the facts in an effort to win at all cost. It saddens me to think that this system of obvious destruction and illegal procedures is being ignored as if it cant be fixed and that no one has the courage to stand against it before it becomes commonplace throughout our society. I fear not for me but for the children who are yet to come and I welcome the challenge from anyone no matter how powerful or intelligent they think they are to prove me wrong or stop me from protesting. And some people wonder why our jails aren’t big enough to handle the influx of criminals that we did not expect. I can only say after being incarcerated, that loving caring fathers who wish to raise their children without interference are not criminals yet they make up about 50% of those behind bars in Massachusetts and by the core meaning of crime have not committed one. Iam surrounded by a loving, intelligent, fair and gifted family and I am convinced that we will enter the kingdom, but what type of torture do we have to endure at the hands of those Judges who ignore their oath, the Constitution and their responsibility to protect all of our rights.

Experienced and written by:
James Bryan Murphy 23 Daniels St. Millis Ma. 02054

"The American people must be willing to give up a degree of personal privacy in exchange for safety and security." FBI Director Louis Freeh
(1993) -- from the National Review, October 24, 1994.

DISCLAIMER: The data on this website is the collaborative experience, contributions, and research of various websites, legal books, tax documents, researchers, associates, attorneys, CPA's, etc. and does not constitute legal advice. The primary purpose of this site is education. We do not advocate any specific course of action. What you do with this information and any course of action you decide to take, if any, is entirely your responsibility.

]