EXTREME CORRUPTION OF JUDGE ERIN B. O'CONNELL AND THE NM COURTS PROTECTING FELON STATE EMPLOYEES AND THE INVADING SINALOA CARTEL
- d2bowman4570
- Jan 17, 2024
- 12 min read
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No.
Bernalillo County
D-202-CV-2023-05227
David Derringer,
Plaintiff-Appellant,
V.
New Mexico Livestock Board, Benjamin Benavidez Jr., Benavidez Ranch, Officer Manuel Monte, Officer Justin Gray, Manuel Monte (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment), Justin Gray (as an individual NM citizen precluded attorney representation by use of NM tax dollar fee payment)
PLAINTIFF-APPELLANT’S MOTION FOR DISBARMENT OF 2ND DISTRICT JUDGE ERIN B. O’CONNELL UNDER PERJURY OF OATH, VIOLATIONS OF CANON 3(D(1), CANON 3(B)(2), CANON 3(B)(7) AND CRIMINAL VIOLATIONF UNDER 18 USC 241, 242, 1503, 1505, 2381, 2383 AND RICO; WITH MANDATES TO NOTIFY AUTHORITIES OF THE FBI, DOJ, AND DHS UNDER CANON “APPROPRIATE AUTHORITY” FOR CRIMINAL PROSECUTION OF CONSTITUTION DEPRIVATIONS; MOTION FOR SANCTIONS AGAINST BOUNDARIES AGAINT JUDGE O’CONNELL FOR INSURRECTION AGAINST AND DEFEATING THE INTEGRITY OF THE US CONSTITUTION ARTICLE III
COMES NOW the Plaintiff-Appellant Derringer (hereinafter “Derringer”) with his Motion for Disbarment and mandated notice to authorities as stated above.
This matter involves extreme Judicial corruption designed explicitly to rig the underlying case to protect NM State agencies, state employees and protect the invading Mexican National Sinaloa Cartel doing extreme crimes against the United States and atrocious crimes against New Mexico citizens. This involves a cover-up by State judges and authorities of the rampant elite government officials, judges, attorneys and state employees using the Sinaloa Cartel as a vehicle coup in a Democrat party platform political agenda for insurrection against America to turn the United States into a Communist nation in clear treason under the meaning of the 14th Amendment Section 3, and 18 USC 2381 and 2383.
Judge O’Connell is embroiled in the treason Communist plot with the invading Sinaloa Cartel, undoubtedly bribed to rule to protect the Sinaloa Cartel and all their RICO racketeering activities in the State of New Mexico involving state employees, and across the United States. In the underlying case, Judge O’Connell has subjugated the Article III od the US Constitution Judge O’Connell “swore to God” under Oath to protect, nullifying all Constitution, case laws, and statutes. In re Williamson, 43 BR 813 “An oath is an affirmation of truth of a statement, which renders one willfully asserting an untruth punishable for perjury.”; Gladden v. Dist of Columbia Board of Zoning Adjustment, 659 A.2d 249 D.C. App. 1995 “Recusal is necessary when alleged bias is traceable to source other than judge’s participation in the case.”; In re Aquinda, 241 F.3d 194 “Presumption exists that a judge will put personal beliefs aside and rule according to the laws as enacted, as required by his or her Oath. 28 USCA 455(a)”. In the underlying matter, Judge O’Connell deliberately and maliciously knew and allowed fraudulent attorney Daniel Mackey to distort the court record in order to embezzle state tax monies to allegedly represent select private party citizens Manuel Monte and Justin Gray producing all Defendants’ FRAUD ON THE COURT [1] as a sabotage of the US Constitution Article III. Jemez Properties Inc. v. Lucero, 94 N.M. 181, 608 P.2d 157 (Ct. App.1979) cert denied 94 N.M. 628, 614 P.2d 545 (1980) “Tampering with evidence constitutes exceptional circumstances. Tampering with physical evidence in the case and with public records in the county clerk’s office went beyond the common fraud contemplated by Subdivision (b)(3) of this rule [Rule 1-060], and constituted exceptional circumstances to allow the reopening of judgement more than a year after its entry, under Subdivision (b)(6).” Judge O’Connell has been directed by higher NM Judges to rig this case against the Plaintiff, since it involves the drug trafficking that encompasses many NM Judges on cocaine, and the human trafficking that encompasses many NM Judges and public officials as pedophiles enslaving and sexually abusing minor unaccompanied missing 85,000 illegal children. Accordingly, as the Plaintiff filed legal pleadings exposing the vast corruption RICO enterprises of the invading Sinaloa Carte; encompassing in this matter the RICO racketeering of horse rustling over now 500+ Derringer horses involving the NMLB and individual citizens Justin Gray and Manuel Monte doing criminal larceny of horses under NMSA 30-16-1, and now selling those horses in fraud against the public with false and fraudulent “NMLB bills of sale as felonies under NMSA 30-16-11. To protect the State of New Mexico employees and corrupt agencies making undetected $ Millions of dollars illegally selling stolen Derringer horses, wherein Plaintiff continually exercises his rights to due process and equal protection exposing the fraud and corruption occurring constantly, with the continued larceny of Derringer each day by the NMLB with the assistance of other Sinaloa Cartel mules including, but not limited to, such as Benjamin Benavidez Jr., in exasperation of Judge O’Connell to stop the whistleblowing by Plaintiff Derringer in public court record, Judge O’Connell took it upon herself to criminally attack the Plaintiff under denial of due process and equal protection. Judge O’Connell attacked the Plaintiff to rig the case for a total dismissal deliberately in Judge Malicious prosecution NMSA 30-27-1, disregarding the FRAUD ON THE COURT nullifying all pleadings fraudulently filed by attorney Daniel Mackey, making thus all Defendants in DEFAULT. As the Plaintiff sought the proper Default Judgment under Rogers v. Lyle Adjustment Co., 70 NM 209, 372 P.2d 797 (1962), Judge O’Connell violated all law to protect all Defendants and the underlying Sinaloa Cartel in treason under the 14th Amendment Article 3 and criminal treason under 18 USC 2381, 2383 as well as obstruction of justice. Hence, as a direct proof of the extreme corruption, bias and prejudice the Judge O’Connell, Plaintiff filed a proper Motion to Recuse for Cause, wherein not only did Judge O’Connell refuse to step down, but as “enraged” Judge O’Connell retaliated with illegal Order to deny the Motion to Recuse for Cause without the mandated hearing on the matter from a separate fair and impartial Judge. Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009); Hope v. Charlotte-Mecklenburg Bd. of Educ., 110 N.C. App. 599 (1993). In the illegal Order, with rage, Judge O’Connell then criminally attacked the Plaintiff with an illegal Order for the Plaintiff not to file any further pleadings in this underlying case, thus criminal acts under 18 USC 241, 242, 1503, 1505 and treason based in 2381 and 2383. [Exhibit 1] This, of course then denied the legal Motion for Reconsideration that would be necessary and legal under NMSA Rule 1-060 denying all due process and equal protection against the Plaintiff due to simply an alleged corrupt Communist Judge clothed in robes of alleged Justice. US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.”; Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Clearly, Judge O’Connell was bating, harassing and intimidating the Plaintiff in attempts at criminal entrapment, with the goal of the Plaintiff properly exercising his rights of due process to legally file the Motion for Reconsideration so as for the felon Judge O’Connell to then hold the Plaintiff in contempt of court of her illegal Order not to exercise rights of due process, and then illegally jail the Plaintiff in retaliation. Accordingly, the Plaintiff the properly filed his Notice of Appeal to the NM Ct. App. Without being able thus to properly file the Notice of Appeal to the 2nd District Court, with the intimidation threat of Judge O’Connell trying to entrap the Plaintiff and exercise her wrath to illegally incarcerate the Plaintiff in violations of the 13th Amendment. Of no doubt, with the corruption of the NM Courts, Judge O’Connell was notified of Plaintiff Derringer’s Notice of Appeal, which despite her aggression and criminal acts, took away her jurisdiction. Terrel v. Duke City Lumber Co., 86 N.M. 405, 524 P.2d 1021 (Ct. App. 1974) aff’d in part and rev’d in part, 88 N.M. 299, 540 p.2d 229 (1975) “Trial court loses jurisdiction when appeal taken. Although this rule applies to the district courts, the court of appeals correctly entertained this motion as the trial court could not have considered it, having lost jurisdiction by reason of the appeal.” When the criminal plan of Judge O’Connell had failed to enrage the Plaintiff to fall into Judge O’Connell’s plan of entrapment, Judge O’Connell decided, to continue to circumvent all law to re-attack the Plaintiff despite having lost all jurisdiction by means of the Appeal of December 6, 2023, Judge O’Connell has again baited the Plaintiff for entrapment on January 2, 2024 to entirely illegally dismiss the entire matter based on the FRAUD ON THE COURT of all Defendants falsifying the court records in felonies of NMSA 31-18-15 and the public corruption of state tax paid attorney Daniel Macke that must be disbarred. [Exhibit 2] Mireless v. Waco, 502 U.S. 9, 116 S. Ct. 286, 112 L. Ed.2d 9 (1991) “were performed in the complete lack of jurisdiction”; In re C’De Baca, 109 N.M. 151, 782 P.2d 1348 (1989) “Attorney engaging in conduct involving dishonesty or misrepresentation, engaged in conduct prejudicial to the administration of justice, and engaged in conduct adversely reflecting upon his fitness to practice law.” There is no end to the criminal Judge O’Connell as Communist traitor to the United States doing criminal acts against a legal citizen litigant to destroy the integrity of the US Constitution Article III. Purpura v. Purpura, 847 P.2d 314, 115 N.M.80 cert denied 847 P.2d 313, 115 N.M. 79 “N.M. Ct. of Appeals 1993 “If judge becomes so embroiled in controversy that he or she is unable to make fair and objective decision, judge must recuse himself or herself. SCRA 1986 1-011, SCRA 1986, Canons 21-300 Subd. A(3) 21-400". The circumstantial evidence is tantamount to believe no Judge would endorse, allow and nay even facilitate the larceny of Derringer’s 500+ horses valued at $50,000,000.00 Dollars unless Judge O’Connell is paid handsomely in bribes by the underlying invading Sinaloa Cartel, likely “Millions” for the protection of the Sinaloa Cartel and involved NMLB state attorneys with the estimated DHS of the Sinaloa Cartel making $32 Million dollars each week from all the criminal enterprises in NM, including, but not limited to the illegal sale of the 500+ Derringer horses stolen by the NMLB. In re Rochkind, 128 B.R. 520 Mich. 1991 “To use power of public office as judge to ruin another for personal gain plainly violates several provisions of the Code of Judicial Conduct Canons 1, 2, 3, 5; Such conduct may also constitute crime Canons 1-3, 5.” ; US v. Andreas, 39 F. Supp.2d 1048 ND Ill. 1998 “Obstruction of justice statute is construed broadly to include the various corrupt methods by which the proper administration of justice may be impeded or thwarted; variety limited only by the imagination of the criminally inclined.” 18 USCA 1503
MOTION FOR SANCTIONS WITHOUT BOUNDARIES AGAINST
JUDGE ERIN B. O’CONNELL WORKING IN TANDEM AGAINST ALL LAW AS A COMMUNIST SUBVERSIVE TO DEFEAT THE INTEGRITY OF THE US CONSTITUTION ARTICLE III
Canon: “Our legal system is based on the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.” It is the most egregious violation of law when an officer of the court [2] Judge Erin B. O’Connell acts by way of debased betrayal of the power invested in the position of “Judge” to undermine and do insurrection against the Article III, and more egregious when it involves the treason under the meaning of the 14th Amendment Article 3 and criminal acts of 18 USC 2381 and 2383, working against America with invading Sinaloa Cartel enemies of the United States. Judge O’Connell does criminal acts knowingly against a citizen Plaintiff Derringer by using her power as a weaponization of the Courts. Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779 ; Stump v. Sparkman, 435 U.S. 349 (1978). “A judge will be subject to liability when he has acted in the clear absence of all jurisdiction.” Judge O’Connell is actually working in cahoots with the corrupt NMLB, and the RICO racketeering enterprises of the invading Mexican National Sinaloa Cartel as the “go to” judge to rig any cases endangering the RICO activities and protect all state employees involved in the carnage and, in this matter the RICO horse rustling of now 500+ Derringer horses by the NMLB from the Pajarito and Santalina and illegal felony sales of the animals for Millions in felonies of NMSA 30-16-11. Sullivan v. Little Hunting Park Inc., Va. 1969 90 S. Ct. 400, 396 US 229, 24 L.Ed.2d 386 “Federal Court has power to fashion effective and equitable remedy for enforcement of this section (PRIVATE PERSONAL PROPERTY RIGHTS Title 42 U.S.C. Section 1982), and such remedy is available in state court if latter is empowered to grant relief generally.”; Scheuer v. Rhodes, 416 US 232, 241 (1974) “the public interest requires decisions and action to enforce laws for the protection of the public.” ; Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645 “All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Congress provided that the right to real and personal property was to be enjoyed equally throughout the United States, and that right was to be secured against interference from any source whatever, whether governmental or private.” Because Judge O’Connell is proven by her own illegal Orders to be doing criminal acts (18 USC 241, 242, 1503, 1505, 2381, 2383) it is appropriate the most severe punishment of sanctions without boundaries to protect the integrity of the Court as designed by the founders Article III of the US Constitution. Derringer asks permission to punish: sanctions without boundaries based upon mis use of the integrity of the courts and horrendous mis-use of power of felon Judge O’Connell to betray the position entrusted in her by betrayal of public position and lying under Oath. Based on Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, ¶ 2, 311 P.3d 1236, Plaintiff-Appellant Derringer seeks “justice” for this court to sanction Judge O’Connell for an amount of $100,000.00 payable to victim Plaintiff-Appellant David Derringer wherein this case is involving both deprivation of all due process and equal protection and based on subversion and treason in protection of felon state employees and the underlying RICO racketeering of the invading Sinaloa Cartel as the most egregious acts any corrupt Judge could perform. Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” ; Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.” In Harrison v. Bd. of Regents of the Univ. of New Mexico, the NM Ct. App. Concluded that severe sanctions were necessary as “sufficiently significant in light of the misconduct at issue and the relative size and resources of the wrongdoers.” The most egregious act of a Court Judge O’Connell betraying the trust reposed in her position of power certainly calls for the most severe sanctions and disbarment with remedy to recommend criminal prosecution. This NM Ct. App. has a duty and responsibility with the Court's inherent authority is “the need to prevent abusive litigation practice and preserve the integrity of the judicial process”, so as to immediately grant the Plaintiff-Appellant’s request for sanctions of $100,000.00 against Judge O’Connell and further discretion of punishment as the court deems just and proper. The court, has broad power to issue effective compensatory sanctions in order to deter any abuse of power and promote accountability among governmental officials in the courtroom. A quote from U.S. Supreme Court Justice Tom C. Clark in Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961), as follows: “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v. United States, 277 U.S. 438, 485 (1928): "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."” (Emphasis added). Mann v. Conlin, 22 F.3d 100, 1994 Fed App. 122P cert. denied 115 S. Ct. 193, 513 US 870, 130 L.Ed2d 126 “Judge acts in clear absence of all jurisdiction and may be liable for money damages, when court of limited jurisdiction attempts to adjudicate case outside of its jurisdiction.”
Respectfully submitted by ______________________________________
David Derringer Pro-Se Box 7431 Albuquerque New Mexico 87194
Certificate of Service 1-17-2024
I , David Derringer certify that I sent an original copy of the above pleading to the NM Ct. App. On this date to: NM Ct. App. at 2211 Tucker Ave. NE Albuquerque, NM 87106.
Exhibits 1
[1] Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980).
[2] Herring, 424 F.3d at 386. A judge is an officer of the court, as are all members of the Bar. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
Comments