Wednesday, January 21, 2009

Dismissal of Dependency Case (copy of email to Judge Hotchkiss)

Dear Jo,

Please give a copy of this to Judge Hotchkiss. I am NOT able to simply mail my requests to this courthouse through U.S. Postal Mail, because I am not only NOT receiving my mail, others claim not to receive my mail either. Therefore, I believe it will suffice, for the record, to show I have been making a number of attempts to have even my most basic rights respected. I have not received CDs I paid for months ago, STILL. I have also not received any order from Judge Hotchkiss from the last hearing or been copied on any letter from CASA or the state which was filed prior to the last hearing but never copied to me in a timely manner. This is unethical and illegal and you will find my complaint regarding the court's refusal to follow the rules for discovery and notice below. I am asking that this is filed. If it is not filed, it will still be included in my appeal for the complete dismissal of this dependency case, based on the flagrant disregard of the rules of law and intentional withholding of evidence from the defense. See note below:

No Receipt of CDs‏
From: cam huegenot (cameocares@live.com)
Sent: Wed 1/21/09 3:50 PM
To: jkoch@co.douglas.wa.us

Dear Juanita,

Will you please let me know if you mailed the CDs I paid for?
I know you said you tried mailing them over 2 months ago and that they came back returned, and then you said
you'd mail them to me again, and confirmed my address. I gave you a new address at that point, one for
"Hyattsville" and yet it's been a month and I never received anything at all.

I need confirmation from you as to whether they were mailed a second time or not. I've been waiting for them and
have not received anything at all and the address was correct.

Please let me know, because I am severely delayed in receiving any kind of mail from Douglas courthouse at all.

I have not received the CDs I paid for, nor have I received the last order and motions from the last hearing, as I requested.

I have nothing. I also, for the record, didn't receive any documents prior to the last hearing, which I was unable to attend but for which I have the right to receive notice and copy of any and all documents that are filed, before hearings.

I have on record the fact that CASA did not mail their filed document to me in a timely manner and I never did receive it, and they admitted they didn't even send it out until it was too late for me to receive prior to the last hearing anyway.

So far, there is gaining momentum, in my favor, of the fact that I am, at every single turn and prior to each hearing, being refused and deprived of the right to discovery, notice, and copy of motions and orders and evidence before hearings.

I am collecting this evidence in order to sue to have this entire dependency case dismissed for grounds of impropriety in violation of numerous rules of procedure.

I am STILL, to this day, not being copied on documents and motions prior to hearings, by the court OR by CPS or the AG, and I do not have a copy of my case file still, which is grounds for appeal and outright dismissal.

Not to mention, it is not only unethical but completely illegal to withhold evidence which is crucial to the defense, and this was done at not only Contested Sheltercare, where I was given zero notice to prepare to be pro se and then hung up on, and then I was never in receipt of BOTH state "discovery" and a copy of my case file prior to Fact Finding.

These are grounds for outright dismissal of my case.

This court is also well aware that the clock is ticking and I have requested CDs from the hearings on numerous occassions. When I first requested the audio, I was told by the clerk that it would be $70 for the CD for just one hearing, and they knew I could not afford this. I was told I had to be pro se and yet refused court records for my own defense, when the court knew very well I was "indigent" and unable to pay for the necessary materials. Then I asked again, and was suddenly told the price had dropped to $25 per CD and yet it has been MONTHS and I've not received these.

I demand an answer as to the whereabouts of these CDs.

I am not obligated to follow any of the court's or CPS's demands for "services" when I have a right to appeal and dismissal of this entire case for flagrant violations of rules of civil procedure and illegal withholding of evidence by not only the state but my own former public defenders. Paul Cassel withheld a doctor's note which I gave him, that supported my need for change of venue for disability, and Jeanne Wellbaum continues to refuse to hand over my case file.

All of these actions, are illegal, and even you, as a regular clerk, know this is true.

Please let me know if you mailed my CDs and to which address and on what date. Thanks.

Cameo Garrett

This will copied and posted online as well as copied to Judge Hotchkiss. If the Judge wants to sanction or sue me for having to email this court to take care of business when there are obvious problems with U.S. postal mail, he'll have to look forward to a much larger ballgame in the longrun. This is the last time I am asking this court, nicely, for these CDs.

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