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integrity and the courts

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Old Mar 22nd, 2007, 10:59 AM     #1
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Confused integrity and the courts

I am from Alaska and I have been involved in nearly continuous litigation in the last 4 years by a woman who is trying to use me to override a dismissal with prejudice against my former landlord (she claims that since her case against them was dismissed, they have used me as a "surrogate" to threaten and harass her). The whole story is very complicated, and I won't go into it here but the crux of the matter is that in constructing her "case" against me, this woman has committed perjury in every form possible.

I have all of her testimony and all of her "evidence" and it is all bogus. Some of her documents contain "cut and paste" notary stamps, one of her witness affidavits is signed by her (and the "witness" is a man) using her own name. Two other affidavits contain false statements that I can prove are false (they concern an alleged police report and an alleged 911 call). In addition, she submitted "evidence" against me that she used in a trial four years ago and claimed that the damage depicted in it was recently committed by me.

Because she had her "witness" at the last hearing, and because Alaska has a "two witness rule" I was not even allowed to submit my evidence despite the fact that I challenged nearly every statement she made and tried to show the judge the evidence to prove her wrong. Not once did she retract a statement or even state that she might be confused--she simply changed her testimony to suit the circumstances.

When I motioned for reconsideration, the judge replied that "he didn't care how inconsistent the testimony was, nor was he obligated to view my evidence because he beleived the testimony of the complainant and her witness."

What resulted was a restraining order that forced me out of my home (because they both claimed that I live "500" feet away from her when in fact I live one house away--less than 75 feet away.) When I addressed this to the court, they contacted the woman to ask her permission to allow me to return to my home and would not even look at photos of where I live compared to where she lives. The woman claimed that allowing me back would cause her too much anxiety. I persisted however,(to the degree that I was threatened with a contempt charge if I didn't calm down) and finally I was allowed back home. However, I was restricted from going outside for the 6 months that the RO was in effect, or risk being arrested unless I could prove some legitimate and unavoidable reason (like a doctor's appointment--grocery shopping wasn't good enough)for being out of my home. Thus, I was more restricted due to a bogus civil claim than I would be if I was under house arrest for a criminal charge!

I have been to every authoritative entity in Anchorage but can not get anyone to even look at the evidence of this woman and her witness' deception, despite the fact that it makes a clear prima facie case.
The statute does not limit prosecution of perjury and related crimes to any particular court, but the answer I keep getting is that perjury is not prosecuted when it occurs in civil court.

Why not? Perjury undermines the integrity of our courts and destroys the concept of justice. I can understand that there might not be resources to investigate allegations of perjury, but I have prepared the case and all they have to do is look at it. Most obvious is the statement from the police that no report and no 911 call were ever made regarding the incident (or any other incident concerning this woman and the circumstances she describes) as well as the fact that when I filed an answer that made this woman' primary statement regarding the alleged incident an impossibility, she and her witness changed the circumstances significantly--first I was running after the woman for several blocks in the park--but I have a physical condition that makes that impossible, so then they changed their story to claim I was waiting for the woman at her house. If that is not inconsistent, then what is?

What can I do about this situation which is clearly and provably a case of "one lies and the other swears to it?" She is gearing up for another go around right now. This all began when I appeared as a witness against her and I am subpoenaed to appear against her again--so I fear another attack coming on, because that has been her pattern (which I also tried to show the court, but to no avail). Unless the court or somebody in an official capacity will look at the evidence, this woman will continue to perpetuate her lies--the court has done nothing but encourage her in this.

Should I address this to the legislature? Should I consult the civil liberties people? Should I go to the media? Granted, if this woman filed criminal charges against me I would be able to prove MY case, but she is aware of that and knows just how to play the courts, and I don't want to be charged criminally in order to expose this woman. Any suggestions? I can't afford an attorney as I am disabled and living on a low fixed income.
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Old Mar 23rd, 2007, 09:21 AM     #2
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Default Re: integrity and the courts

Based on what you say here, you could file suit against her (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to her behavior...
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