Hanging Judges and Bloody Assizes

I spent a total of 111 days in jail without receiving due process of law after Judge James A. Doerty, Washington Superior Court, in an alleged ex parte consort with Judge Anthony P. Wartnik, demeaned and humiliated me then jailed me. I describe my experience with two judges whom I consider tyrannical and write about their draconian decisions.

The pretext that Doerty and Wartnik used to take these measures comes from unsubstantiated accusations that I (an investigative reporter who has held an international press card for about forty-five years) harassed their associates by publishing details of their alleged criminal activity. They persuaded a judge to put me in “the hole” without access to radio, television, newspapers, telephone, medication, and most importantly my lawyer. Only the outcry by the European press and a public defender effected my release. Seattle Post-Intelligencer endorsed the election of the judge then misrepresented the case with libel as has become its politically correct wont. [Rampant Judicial Delusion]

Doerty in an alleged consort with Wartnik, used a “guilt before proven innocence” technique to protect the sullied reputation of Wartnik’s wife and her associates who allegedly committed several federal crimes. Their action constructively frustrated a reporter’s visiting rights and all contact with the outside world. How gallant of Wartnik to involve himself in judicial misconduct by arranging a reporter’s transfer to solitary confinement for no other reason than his own marital self-interest.

However, in his inestimable rage, probably brought about by his long-term hubris and his wife Lynn’s misrepresentation, Wartnik lost control of himself. He became irrational and used invective in response to a question about his ex parte actions. He answered: “He’s right where he should be [in solitary confinement].” Doerty followed the path that Wartnik and his wife have consistently set for him. They have now mutually created a rebellion among themselves by believing each others lies.

I started to draft these essays while a prisoner in solitary confinement, King County Jail, Washington (05 Jun 02) and have based my observations upon interviews with accused murderers and rapists in ultra-security confinement. My jail tenure also included interviews with several hundred prisoners in medium and minimum security populations also jail officers in each of those facilities.

A polite nineteen-year-old black man communicated through earthquake cracks in the cell wall. He wore white and when officers took him to speak with his attorney they used waist handcuffs and ankle irons. Three officers escorted him wherever he went. He had waited in solitary confinement for many months (05 Jun 02) for his (speedy!) trial and must wait probably through January 2004 for a trial.

I came to know and respect him for the trepidation that he overcame with a quiet acquiescence to his fate through faith. He gave me his eggs, milk, and apples, in exchange for putrescent bologna when he learned that my health did not allow me to eat purine - prison authorities had failed to provide me with a special diet and refused me medication. He shared with me photographs of his family and his research and experience of ethnic profiling. An encounter with his wife through plate glass in the visiting room strengthened the empathy.

The accused murderer has a wife and two children (respectively one and two years old). Moderately educated, he repeatedly read the bible aloud. The passages that he read showed his resignation to his lot in life with the death penalty looming ahead. Prisoners in King County jail ultra-security have already determined that Judge Anthony P. Wartnik will sentence him to death in this society known for provoking the sort of murder for which it now accuses this nineteen-year-old. Doerty and Wartnik had placed me in solitary confinement without bringing any charges for an indeterminate period without due process of law which probably created the empathy.

Norm Maleng, King County Prosecuting Attorney, has now announced that he will file a notice of intent to seek the death penalty for the young man for allegedly shooting a Des Moines police officer. Maleng has claimed before a hearing that sufficient circumstances did not exist to remove the option of the death penalty from the jury.

Reportedly, a judge recused himself from this case because he objected to capital punishment. Ironically, the young man recently appeared before his replacement, Judge Anthony P. Wartnik who allegedly committed judicial misconduct by playing a leading role in having this reporter placed in solitary confinement by indulging in ex parte communication with Judge Doerty.

That young black man does not stand much of a chance of justice given the racial climate in King County where the courts arbitrarily deny justice to old white journalists. He certainly does not stand much chance of justice and certainly no compassion from the blood-thirsty Wartnik. My time in jail showed me that, compared with Wartnik, Doerty, and the rest of the hornets at Herzl Ner Tamid, the habitual criminals that I met in jail behaved like really nice fellows. [Hornet Nests]

Albert Pierrepoint, one of the last hangmen in England, wrote in his autobiography that all the condemned men he knew behaved correctly at their execution save one. Pierrepoint excused him by saying that “he was a foreigner”. Will Wartnik sentence the young man to death then write in his autobiography “he was a black man” and therefore not worthy of fair treatment? [Institutionalized Racism]

Theodore Dalrymple (Anthony Daniels) writes that irrespective of capital punishment ethics he feels grateful that his duties as a UK prison doctor do not include pronouncing condemned prisoners fit for execution. Judicial hanging ended many years ago in the United Kingdom. If the death penalty returned to Europe then Dalrymple claims that he would have no criterion to use in determining fitness for execution because fitness relates to physical, mental, or incapacitating anxiety, probably all subjective factors.

He reported that the last doctor he met who had examined men for fitness for execution - in a former British colony - suffered from alcoholism, though he could not positively say that a disturbed conscience drove the doctor to the bottle. [01] This condition, enhanced by illegal drug use, epitomizes the situation that exists among several judges, prison guards, and doctors, in Washington state. [Ode to King County Jail]

In the days of judicial hanging, the British Home Office received five applications a week for the job of hangman. Bloodthirsty judges like Judge George Jeffreys (1648-1689), provided them with plenty of work. Jeffreys, an English judge under Kings Charles II and James II, gained notoriety through his severity and brutality when judging political cases. This earned him the title “hanging judge”. Jeffreys conducted trials with such ruthless disregard for legal procedure that the courts became known as “Bloody Assizes”.

Like Judge Jeffreys, some Washington state judges volunteer to handle the most bizarre murder cases. Jewish judges did not stand up to the Nazis in the 1930's now members of that race take out their frustration on minorities seventy years later. Jeffreys had a conflict of interest through his concurrent employment as legal counsel to King Charles II. That ex parte communication correlates to the behavior of Doerty and Wartnik with their complete disregard for legal procedure in Washington Superior Court. Some things have not changed very much since Jeffreys.

Oscar Wilde spent time in Her Majesty's penitentiaries. His poetry describes conditions that existed a century ago and now replicate in Washington state. Judges transform men who live in the most squalid and litter-strewn parts of inner cities temporarily into fanatics of cleanliness and order but into nothing that would stop recidivism. Wilde’s The Ballad of Reading Gaol captures my emotion each time I remember my associates in King County jail where the official mind considers a spotlessly polished floor and blankets folded military style as symbols of reformed character: a sound mind in a clean prison. [Ode to King County Jail]

With slouch and swing around the ring
We trod the Fool's Parade!
We did not care: we knew we were
The Devil's Own Brigade:
And shaven head and feet of lead
Make a merry masquerade.

We tore the tarry rope to shreds
With blunt and bleeding nails;
We rubbed the doors, and scrubbed the floors,
And cleaned the shining rails:
And, rank by rank, we soaped the plank,
And clattered with the pails. [02]

As with any form of torture, the behavior of judges who misuse contempt of court powers to coerce a person to forego his constitutional and civil rights then to break his will ranks as the height of depravity. That depravity goes beyond disdain when a judge uses his power to silence a journalist to stop him reporting alleged homicide and other crimes that involve another judge’s wife.

The infliction of excruciating physical pain, mental agony, and suspense through indeterminate sentencing as a coercive means ranks as torture under any definition. This especially applies when used against a man approaching seventy years of age who suffers from chronic medical conditions. Prison authorities placed me in 23-hour lock-down, ultra-security, solitary confinement, and denied me medication during my 111-day incarceration.

Doerty (with help from Wartnik) had me placed in general population then in solitary confinement ultra-security with some of Seattle’s most violent criminals several of them suffering from Hepatitis C, AIDS, and TB. More than a year later, I still suffer from respiratory and leg problems that I did not have before I went to jail.

Doerty denied me my right to an attorney and refused rebuttal testimony of multiple perjury allegedly suborned by Council House lawyers and administrators in a massive frame-up. Several lawyers who have appeared before him have questioned Doerty’s mental state. He repeatedly makes judicial decisions to pander to a neo-fascist elite then, either in a delusion or hypocritically, “brooks no disagreement”. In a moment of literary genius he wrote:

. . . Democracy requires some level of it [conflict]; open society must tolerate some degree of conflict to survive, Society without conflict is a police state. Fascism, the nationalist manifestation of fundamentalism, brooks no disagreement, ever. Fundamentalism tolerates no right to choose.

Without conflicting views being heard there is no clearing of the air on important issues. Serious disagreements, feelings of injustice, questions about what makes the best sense in the face of fresh problems, all demand resolution. [03]

In apparent embarrassment, King County Bar Association (KCBA) has now removed the article from its web site.

I have concluded that in jail many things happen that are calculated to shorten one's life span. However, as a veteran journalist who has always tried to maintain an ethic, I will continue to expose the malicious actions of despots and fools and to see that I eventually obtain real justice. I now have a team of attorneys working toward that end and the support of journalism organizations worldwide.

Recidivists claim that they can show no respect for a system founded on law if judges display contempt for it. Instead of confining themselves to interpretation judges arbitrarily construct new law usurping power reserved to the people. They fail to understand that the province and duty of the judiciary remains to state the law not change it to support personal agendas. Judicial amorality has definite public consequences because it encourages public disrespect for law and allows unprincipled lawyers to take advantage of a system that they perceive they can manipulate. [04] The law has turned into a travesty as kangaroo courts have become the norm.

Who, though they brought forth no proof, might crush me by their mere authority. Cicero.

However, imprisonment in an animal existence frees one of intolerable human burdens including the tyranny of antagonists and time. This engenders simultaneous feelings of imminent death and freedom - extinction of consciousness through confinement brings about a peculiar kind of liberation. The self gains superiority by abandoning human existence for an animalistic life with indifference to everything except physical appetites. It creates a pre-human existence removed from all human reflection. The prisoner loses all rational control in exchange for an unconscious freedom that causes all obstacles to miraculously disappear. [Metamorphosis]

Elected judges will not address reform and purposely avoid solutions that would empower others. With indifference, they espouse final solutions and practice zero-tolerance policies instead of insuring that the abuse never happens again. Their greed and need for power promotes within them a striving to alter the common perception of problems by frustrating any movement toward improvement of conditions. Inmates realize that they possess more humanity than the tyrants who confined them, however, this serves no useful purpose. It certainly does not engender calm reflection. Prisoners know that judges like Wartnik and Doerty have become incapable of projecting beyond their need for absolute power and privileges for their own race, religion, or special interest group.

Paradoxically, people of color provide a cultural majority in prison populations. However, the organic part of the general population of this so-called free society excludes them from mainstream culture almost entirely. The controlling groups feel comfortable with that exclusion and will not allow them to freely assimilate. Those groups intuitively know that if they ever seek to purge themselves of their deeply ingrained and suppressed hate they will find themselves at war with themselves. They will find themselves caught in a spasm of self-inflicted emotional and moral confusion. Consequently, they do nothing about the problem which results in even more jails to house those whom they tyrannize. [Institutionalized Racism]

Essentially, society dooms minority people to live in virtual isolation while those who condemn them pursue the basest goals. Their tormentors aspire to positions of control under the veil of charitable service while harboring hate and distrust. They damn those whom they do not understand. They even ignore the appalling experiences of their forbears to damn people of their own race, religion, or sexual proclivity, who happen to have a foreign accent or some other cultural difference. They do not allow them to assimilate although their ancestors personally experienced the trauma of exclusion and death from the repugnant behavior that they now practice with impunity. [Impunity]

Wartnik and his cabal of mealy-mouthed hypocrites salve their conscience with cloaks of righteousness and stand as pillars of the temple. Their adolescent and cocksure attitudes probably emanate from unfamiliarity with suffering. This embarrasses them more than their adversaries and in their shame they ignore their fundamental beliefs. They fail to realize that the suffering of forebears does not symbolize a sacrificial end that gives them permission to turn the negative experience of others into a lucrative industry. They do not have a God-given right to embrace an easy way out of their self-hating dilemma by damning those whom they do not understand. [Hornet Nests]

The majority of prison inmates accept recidivism as a way of life and resign themselves to living both in and out of jail throughout their lives. Perhaps minority individuals would become more reconciled to their plight if they perceived that their suffering led to some lucrative end with the same material comforts enjoyed by their tormentors. However, they know that can never happen because the predominant culture condemns them and blinds others to genuine reform. Their tormentors fear inclusion would dilute their own rewards - that they would share disadvantages and equal prosecution for crimes. They know that would give them equal rights to share a jail cell.

A parallel arises between the physical trauma and the humiliation and degradation of the environment - a sort of involuntary claim to responsibility for the situation. This results from the false premise that legal proceedings issue only from the guilt of the accused - that inmates remain guilty until proven innocent. Enforced hardship probably forms part of the current world view of minority people. A system with severity that excludes improvement and reintegration into society can never show human justice. This can only result in planned recidivism - a vocation founded in despair for people unable to find a connection with reality. They accept a living death.

By their actions, Wartnik and Doerty overlooked the fact that the conscious self disallows despond and creates a resolve to overcome tyranny that Montaigne described in rebellious terms:

Tyrant you're wasting your time, here I'm still at ease: where is that pain, where are those torments, with which you were threatening me? Is this all you know how to do? My constancy gives you more pain than I feel from your cruelty. O cowardly wretch, you are giving up, and I am growing stronger: make me complain, make me bend, make me yield, if you can; give your satellites and your executioners courage: see, they have lost heart, they can do no more; arm them, goad them! [05]

No specific proposals for reform exist to change either the attitude toward abuse or justice based on the demands of wealthy and bigoted abusers. No general solution to altering the common perception of the problem will pertain as long as elected judges can run rampant over less fortunate people. Future efforts to improve the situation will have no chance of success as long as justice depends upon delaying it and consequently denying it in return for money and reelection. [Rampant Judicial Delusion]

Vitally, the public should know what has happened in the American justice system. For most of them it defies comprehension and goes beyond their wildest imagination. The incidence of planned recidivism will not change until the public perception of crime and punishment changes. Recidivism will continue because incarceration does not discourage inmates from the way of life imposed upon them. They know that nothing can change their circumstances or improve their lot until the public recognizes them as human beings driven by force of circumstances to lead a wretched life. [Institutionalized Racism]

Judges must realize that they do not possess omnipotence and must learn that maintaining good societal behavior relies not upon the law but upon more informal processes. [06] They must accept that the media will always exist as a watchdog to insure fair and unbiased jurisprudence despite the constant harassment and jailing of reporters. Journalists have not forgotten that Hitler relied upon silence, indifference, and inaction, also that he considered them his principal allies. [07]

The 1930s saw the entire German nation gripped by fear. Germans of all persuasions chose to give up many of their civil rights through mass hysteria and misguided patriotism. They allowed a preemptive war in fear of what might happen if they did not - a condition that has become increasingly apparent as a result of a Bush/Blair conspiracy to deceive the public supported by willfully blind Zionism.

Joseph Goebbels cynically manipulated public opinion with lies and innuendo and used his embedded journalists to further Hitler’s ideological causes. This resulted in reporters following the party line to avoid accusations of disloyalty in favor of economic interests and government warmongering - all supported by both Jewish and Gentile judges.

An enlightened society has a responsibility to govern itself intelligently thereby avoiding fear and misuse of power that belongs to the people. Shaming corrupt judges and their kin in writing does not violate social norms. Instead it stands as a major feature of the informal processes that keep them virtuous and the victims of their prejudice out of jail. [08] [Shame Naming and Blaming]

Nmesis.



Judge James A. Doerty, Superior Court, State of Washington, issued two anti-harassment orders and contempt citations to censor this forum by prior restraint at the behest of Council House directors and their administrator. Mary Kay Becker, Washington Court of Appeals affirmed them. Washington Supreme Court reversed most of those decisions (30 Mar 06).
[Washington Supreme Court - Decision] [Background Information]

Using their financial power, the directors obtained SLAPP (strategic lawsuit against public participation) court orders and contempt citations using perjured testimony against the author of valid exposé. They then had him jailed in solitary confinement.

In this case, SLAPP consists of frivolous charges designed to bankrupt an opponent and create a prior restraint. The landlords have used this tactic on several occasions to try to cover up issues that affect all their tenants.

Doerty thwarted an appeal of his findings for more than five years by withholding court documents and other manipulation. The author/publisher claims judicial bias and arbitrary censorship that deny him his rights under the First Amendment to the US Constitution and Washington State Constitution. Doerty has challenged a principle journalism ethic - seek truth and report it - by denying a reporter’s First Amendment rights. Doerty then wrote biased decisions all without due process of law.

His findings enabled Council House directors to cover up crimes that they and their administrators allegedly committed. A Washington Supreme Court review has allowed the public to know the names of people involved in elder abuse. It will also give an ethical prosecutor an opportunity to consider felony charges of homicide by abuse against Council House directors and their staff. [Homicide by Abuse]

Homicide ranks as a class A felony punishable by a maximum sentence of life imprisonment in a state correctional institution or by a fine of fifty thousand dollars or both. Both the victim’s family and a Council House administrator benefitted financially by allegedly defrauding federal and state agencies prior to death of a resident. [Who Killed Jackie Nations?]

Doerty’s order precluded naming the people involved which forced redaction of copy pending review. Washington Supreme Court reversed the trial court decision which relieves restrictions on publishing details regarding resident deaths and other abuse.

Washington Supreme Court

Council House, Seattle - Summary
Supreme Court Decision #1
Supreme Court Decision #2

Civil Issues

Appellant [Trummel]
Respondents [Mitchell and Council House Inc.]
Appellant Reply [Trummel]

Contempt Issues

Appellant [Trummel]
Respondents [Mitchell and Council House Inc.]
Appellant Reply [Trummel]

Amicus Curiae

American Civil Liberties Union (ACLU)
American Society of Journalists and Authors (ASJA)
International Federation of Journalists (IFJ)
National Union of Journalists/London Freelance Branch (NUJ)
Seattle Weekly

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CONTENTS

© Copyright 2003 by Paul Trummel
All Rights Reserved: 18 Jun 03/0731 GMT
Edition: #801-25-30/06-1030-10:34
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