.BEFORE THE MISSOURI COURT OF APPEALS -- SOUTHERN DISTRICT, in Springfield, Missouri. In the Interest of H.D., ) Roxie Fausnaught, ) Pro Se Appellant ) ) vs. ) S.D. Case #26446 ) The Newton County Juvenile Office, ) Respondent. )
MOTION TO MANDATE A FULL COMPLETE RECORD ON APPEAL
. . . . . COMES NOW the Appellant, Roxie Fausnaught, and in support of this Motion for this Appellate Court to Mandate that the trial court, the Newton County Juvenile Court, Division III, provide the full complete Record on Appeal states the following facts and points of law:
1. Appellant on Sept. 10, 2004 provided a 24-page motion detailing that because of the lawlessness and criminality of Judge Kevin Lee Selby determined to destroy the family of a long-time political enemy, that no full Record On Appeal could be compiled by Appellant. In fact, Appellant couldn't even provide for a 'Final Judgment' since Selby's court clerks, Dana Jo Wallace and Carmen Jamison, gloated that Judge Selby deliberately refrained from giving anything which could be construed as a final judgment in order to deny Appellant an appeal. Appellant's twenty-four page brief was to notify this Appellate Court about how it was literally impossible for Appellant to compile a complete, full, accurate and timely Record on Appeal unless this Appellate Court was to simply ORDER Judge Kevin Lee Selby to mail a full, complete, correct Record on Appeal from April 9, 2004 when Appellant's four grandchildren were kidnapped under color of law to August 5, 2004, when Judge Selby justifies his decision, absent proof, of his refusal to allow Appellant to have her appeal(s) without cost in forma pauperis.
. . . . . This Appellate Court, in its ORDER(s) of Sept. 17, 2004 in the cases of In the Interest of H.D., Case # SD26446 and In the Interest of H.B., Case # SD26449, chose to deny Appellant's Sept. 10, 2004 Motion, without giving any findings of fact or conclusions of law in (not signing) its ORDER(s). Spontaneously, this Appellate Court made its own Motion for Appellant to file the Record on Appeal by Oct. 18, 2004. However, this extension to make, like the enslaved Children of Israel upon ORDERS from Pharaoh, appellate bricks without straw doesn't change the situation that Appellant doesn't have the Record on Appeal and cannot get this Record on Appeal until and unless this Appellate Court forces the trial court to provide this Record on Appeal. The entire history of this case is the criminal history of a biased, prejudiced judge using his absolute power and absolute immunity from civil suit to destroy his personal enemy's family. The purpose of this Appellate Court is to undo on appeal this judge's abuse of judicial power. This cannot be done effectively without this Appellate Court making sure that there is a full, complete, accurate Record on Appeal for these cases by ORDERING Judge Kevin Lee Selby to provide the full, complete, accurate Record on Appeal to this Court and Appellant. Simple common sense and simple justice, no more and no less, is what Appellant asks of this Appellate Court.
2. On Sept. 10, 2004, Appellant and Martin Lindstedt, her long-time companion, went to the Division III clerk's office to see whether or not they had received their copies of Appellant's Motions mailed to them on Sept. 8, and Sept. 9, 2004. Clerk Dana Jo Wallace said that she had called the Clerk's Office of the Missouri Court of Appeals to figure out what to do with the motions. Martin Lindstedt informed Dana Jo Wallace that the Clerk of this Appellate Court couldn't help her because these motions hadn't been filed yet before this Appellate Court. They would be filed that afternoon, and so they were. Martin Lindstedt offered to come back Monday, Sept. 13, 2004 and help Appellant collect the Record on Appeal. There was no complaint to this lawful request to collect the Record on Appeal from the trial court without the intervention of this Appellate Court around 1:00 p.m. Friday, Sept. 10, 2004. Appellant was driven by Martin Lindstedt to this Appellate Court in Springfield and two motions were filed at around 3:30-4:00 p.m. What was desired was that this Appellate Court ORDER the Newton County trial court to provide the full Record on Appeal and that paperwork be cut by consolidating Appellant's two grandchildrens' cases. Clerk Sandra Skinner informed us that the Motion Showing Good Cause 'stopped' the clock insofar as getting the Record on Appeal was concerned.
. . . . . On Wednesday, Sept. 15, 2004 around 3:50 p.m., Appellant and Martin Lindstedt went to pick up the Record on Appeal. This Appellate Court had not ruled yet, but it was hoped that the Newton County Juvenile Court would simply see the law and facts involved and voluntarily turn over the full Record on Appeal without being forced to by this Appellate Court. There had been arrangements for Appellant and Martin Lindstedt to go to the Division III clerk's office, a public area according to law, open to all members of the public during business hours.
. . . . . Clerk Susan Grimm handed Appellant a manila envelope containing a bare four pages of the Record on Appeal for each grandchild's case consisting of five pages: (1) the second page of the clerk's docket sheet, (2) a one page Motion to Intervene filed May 26, 2004 by Appellant's attorney Thomas Mann, (3) a two-page Motion for Continuance filed by Assistant Prosecutor Bill Dobbs on May 19, 2004 claiming that Stephanie Theis, Advocate at the Southwest Missouri Children's Center couldn't be present on May 20, 2004, and (4) the faxed one-page Entry of Appearance and Motion For Discovery of Attorney Thomas Mann filed May 18, 2004. Also in the manila envelope were surplus copies of Appellant's Motion for Consolidation and Appellant's Order of Legal File/Record on Appeal filed on Sept. 9, 2004.
. . . . . Meanwhile, Clerk Dana Jo Wallace snuck out the back door into the adjoining courtroom and notified Judge Selby that Appellant and Martin Lindstedt were in the clerk's office. Judge Kevin Lee Selby came through a different door to stand just behind Appellant and Martin Lindstedt. Martin Lindstedt was looking at the manila envelope's contents and asked Clerk Susan Grimm, "Is this all of it?"
. . . . . Judge Selby asked Martin Lindstedt, "Are you aware that I have made an Order that you are not allowed inside this clerk's office unless you have your own case involved?"
. . . . . Martin Lindstedt said, "No, I am not aware of any such Order. Is it in writing and do you have it available to show me?"
. . . . . Judge Selby said, "No . . . . "
. . . . . Martin Lindstedt said, "This is a public area and any such written order would be inconvenient. Did you orally make any such Order on April 15th, when your accomplice Chief Juvenile Deputy Pat Stuart had me illegally arrested? Or was it on April 22d, when your clerks rioted in refusing to give Shawn Deines the complete record?"
. . . . . Judge Selby said, "If you ever come in this clerk's office again, I shall order you arrested for contempt of court, regardless of whether or not I am present."
. . . . . Martin Lindstedt, "You imagine that you can simply jail me summarily for contempt, with no provision for jury or judicial review. If it is in my grandchildren's best interest, then I shall return, and this matter might be beyond your control."
. . . . . Judge Selby said, "If you ever come back here again, you will be jailed for contempt of court."
. . . . . Martin Lindstedt said, "You've already said that."
. . . . . Appellant then grabbed Martin Lindstedt's arm and said, "Dear, let's go."
. . . . . Present was Bailiff Greg Sweeten. The time was approximately 3:58 p.m. This confrontation lasted less than five minutes.
. . . . . Appellant, Martin Lindstedt and Martin Lindstedt's mother went to get a drink at Sonic in Neosho, when Martin Lindstedt decided to make a complaint about Judge Selby's behavior. Appellant and Martin Lindstedt went back to make a complaint to the Presiding Judge Timothy Perigo. The only one present around 4:30 p.m. was Judge Perigo's secretary, Patty Krueger. There was a complaint made, but nothing was done about it. Bailiff Sweeten admitted that there was no written Order restraining Martin Lindstedt from entry into the Division III clerk's office, but Martin Lindstedt would be arrested if ever seen in the Division III clerk's office, a public place, because according to Bailiff Sweeten, "I heard it from the judge and a judge's word is law."
. . . . . Appellant's case rests upon the contention that her grandchildren have been taken away from her because they are the grandchildren also of Martin Lindstedt, a political enemy of much of the Newton County ruling political establishment and a long-time enemy of Judge Selby. This Judge Selby should have recused himself and failing to do so, removed from this particular set of cases. There is no behavior above or beneath the written law that Judge Kevin Lee Selby will not commit if necessary to 'win' by taking our grandchildren away from us. Appellant refuses to allow this System to break up her 17-year long-term relationship with Martin Lindstedt simply because he is an enemy of the State. Martin Lindstedt has provided the money to pay for a lawyer, these appeals for two grandchildren, and written these motions. All of this in order to bring back our family together, deliberately ripped asunder by the malign power of this regime.
. . . . . Appellant wonders whether or not this Appellate Court is encouraging this behavior by the trial court. Clerk Dana Jo Wallace said that she was trying to contact this Appellate Court concerning Appellant's appellate motions on Friday, Sept. 10, 2004. Obviously Clerk Wallace and Judge Selby figured out somehow that they didn't need to give the full Record on Appeal, but only what happened from May 18, 2004 to July 15, 2004. Everything else has been redacted and the very format of the original docket sheet changed. It is doubtful that this Division III court of Judge Selby knows or cares overmuch about what the law says, but rather is concerned with ensuring that no discovery of their mechanism of stripping away children and grandchildren of the poor, weak and enemies of the state away is brought up for public scrutiny and appellate review. This Appellate Court has protected the interests of the trial court by refusing Appellant's Motion to have the tools for discovery by refusing so far to make the trial court provide the full, complete, and correct Record On Appeal.
. . . . . This begs the question: Is this Appellate Court in collusion with Judge Kevin Lee Selby of the Newton County Division III Juvenile Court acting to restrict or deny Appellant's appeal by means of not allowing the full, complete, and correct Record on Appeal to even be seen, much less able to be filed by Appellant? This collusion could be overt, such as simply advising Judge Selby to only provide the legal files from May 18, 2004 to July 15, 2004, wherein her lawyer was shut out completely from representing Appellant's interests. This collusion could be concealed, such as simply refusing to allow Appellant the full, complete, and correct Record on Appeal, and then simply ruling that in the absence of any proof of bias, prejudice, malice, or lawlessness on the part of the trial court, that the juvenile system in place has pretty much unquestioned discretion to remove children from families deemed unfit to raise them according to regime standards. In both cases, then Appellant merely has the illusion of having any first claim to raise her grandchildren, or of receiving any justice or 'due process' given that she cannot have access to secret 'confidential' records generated by the trial court in the person of Judge Kevin Lee Selby to do whatever he pleases with the grandchildren of a political enemy.
. . . . . This is a rather monstrous conclusion. If this Appellate Court refuses to Order Judge Kevin Lee Selby to provide to Appellant the full, complete and correct Record on Appeal, then Appellant will have to make do with a hodge-podge of fragmented records from her daughter and sons-in-law. How can any appellant fight a secret court hearing secret testimony coming to a secret conclusion and unwritten orders when denied the records of that proceeding? Appellant had a lawyer paid for costing $1500, the lawyer was denied discovery and the ability to represent Appellant. Appellant was denied in forma pauperis status without hearing by the trial judge, Appellant had to be given money for the docket fee for only two of four grandchildren, and now Appellant is being denied the full, complete, and correct Record on Appeal. When Appellant files what little is known concerning the Record on Appeal, her brief will be limited in scope. Based upon past history, this brief will quite likely be largely ignored as insufficient for some reason by this Appellate Court and this appeal denied. All that was accomplished will be this Appellate Court ruling that the government can pretty much do whatever it pleases in taking away children from their families and giving those children to those some social worker or child advocacy group bureaucrat decides should have control of those children. Some families will be destroyed and supporters of the current regime enriched by this legalized white slavery.
3. The playful maliciousness of this Appellate Court was demonstrated by the second paragraph of its ORDER of Sept. 17, 2004:
Also on this day, the Court takes up appellant's "Motion for Consolidation of Two Juvenile Cases." Having considered the same, the Court takes the motion under advisement.
. . . . . Appellant simply filed a simple three-page motion asking that the two cases of In the Interest of H.D., Case # SD26446 and In the Interest of H.B., Case # SD26449 (both involving her oldest grandchild and only granddaughter and youngest grandson), since the motions were the exact same thing, except for the headers on the first page, that these cases be consolidated in future motions and briefs. For example, the Motion to Show Cause For Lack of Record On Appeal of Sept. 10, 2004 was 24 pages long, with two pages of exhibits. This meant with two separate case headings, that eight copies of each for this Court, plus one for Appellant, plus one for the Newton County Juvenile Office is 10 copies times two. 26 pages x (2 x 10) copies = 520 pages. The cost of this paperwork in printing and postage could be cut in half if this Appellate Court would have simply approved consolidating the case number headers. The motions read exactly the same, except for the case names and numbers, so consolidation would mean less expense and judicial economy for all parties -- Appellant, Respondent, and this Court.
. . . . . Yet this Appellate Court , rather than honestly denying Appellant's Motion to Consolidate out of hand, toys with Appellant by 'taking this motion under advisement.' Will this Court grant Appellant's Motion when it is Respondent Trial Court/Juvenile Office which is saving taxpayer time and money? Or is this merely a cowardly way for this Court to simply deny Appellant's second motion without the opprobrium of simply denying it directly? Appellant dare not just go ahead and consolidate the case headings lest there be yet another excuse for this Appellate Court to deny Appellant's appeal, thus dooming her grandchildren to a life of foster care and adoption.
. . . . . This behavior by this Appellate Court illustrates why this system is considered broken and corrupt beyond repair. Nevertheless, Appellant asks that this Court grant consolidation of motions and briefs except where differentiation is necessary.
Summary: Appellant has had her family destroyed by the Newton County Juvenile Office and the re-named Children's Division, formerly Division of Family Services. On the basis of an anonymous hotline call Appellant's four grandchildren were seized under color of emergency. Appellant's lawyer was denied being able to represent Appellant, or even get discovery regarding confidential proceedings before a juvenile court. The current trial judge, Kevin Lee Selby, has a long history of conflict with Appellant's companion Martin Lindstedt, and there have been false arrests, threats of false arrest, and misprision by the Division III court clerks. Appellant cannot get the full, complete, and correct Record on Appeal. This Appellate Court doesn't wish to ensure that this Record on Appeal is given to Appellant, nor to discipline its lawless and errant trial judge. Appellant's daughter and the two husbands/fathers of these children have proven undisciplined and unable to take care of themselves, much less four children, and thus Appellant cannot leave the matter of their return up to this underclass. The end result is that this judicial system pretty much allows the government to seize children under color of 'emergency,' place them in puppy-mill foster care until such time as they can be sold or given to supporters of this regime, and justify it by means of secret proceedings which Appellant has never been able to attend. Appellant's future is being destroyed by a process which legalizes this destruction of her family. All Appellant seemingly can do is to avail herself of sterile procedure before the judicial apparatus rubberstamps what its underlings wish to do in any case. Appellant has raised the two oldest grandchildren, and supported all of them, and now has absolutely no right to ever see them again. All that sustains Appellant is the hope that her grandchildren will somehow turn out all right, that she will see them again someday and that vengeance from some quarter will destroy the social workers, policemen, lawyers, judges, and politicians and their entire families and this regime that dared to destroy her family, as well as the families of so many others.
. . . . . WHEREFORE, Appellant requests that this Missouri Appellate Court overturn its ORDER of Sept. 17, 2004 by: 1) Ordering Judge Kevin Lee Selby to provide the full, correct, and complete Record on Appeal to the Clerk of this Appellate Court, and that the Clerk of this Appellate Court send Appellant this full, complete, and correct Record on Appeal and that Appellant be given an additional two weeks to then file this Record on Appeal; and 2) Grant Appellant's Motion to Consolidate the two cases.
Roxie Fausnaught, Appellant Pro Se
338 Rabbit Track Road,
Granby, Missouri 64844
Certificate of Service
. . . . . A copy of the foregoing were mailed Oct. 5, 2004 to the Newton County Circuit Clerk, Division III, Juvenile & Probate, Newton County Courthouse, 101 South Wood, Suite 204, Neosho, Missouri 64850.
. . . . . A copy of the foregoing was mailed Oct. 5, 2004 to the Newton County Juvenile Office, 107 North Jefferson, Neosho Missouri 64850.
Notes & Commentary:.
1. Clerk Susan Grimm is the relatively professional clerk in the Division III kort. She has never caused me any problem that I can detect, at least not yet. She has a distasteful job that shall undoubtedly doom her and her family when Revolutionaries like myself destroy the criminal regimeists and their families in the name of 'the People' whose numerous children were bought and sold by the county-ZOG, and she does it in a professional mercenary fashion. Since she is not vicious, no need for an 'extra-special example' to be made of her and her family, even though she is in the business of destroying families and needs must pay the penalties for that conduct. Perhaps if she is willing to cut a deal with a Resistance tribunal and turn state's evidence . . . .
Carmen Jamison is the relatively weak sister of the three. When just Susan Grimm and Carmen Jamison are present, without the Head Clerk Dana Jo Wallace, the viciousness is under control. The time when it came for me to actually present the docket fee, giving Roxie 70 ZOG-bux apiece to pay for a shot of 'jewstice' for our Helen and little Henry, thankfully that satanic bitch Dana Jo Wallace was on vacation and that baal-priest jusge Kevin Lee Selby was absent. Neither Susan Grimm not Carmen Jamison knew what they were doing -- the poor white trash sans money and competent legal advice never has a clue as to procedure -- so I instructed them on which two out of four cases were being appealed. Roxie didn't have a clue either. It really pissed me off to hear that stupid bitch Carmen Jamison sigh about "[pore] Henry and Helen," as if she gave a shit for my two grandchildren more than me. I'd just as soon an honest syphilitic whore gave them a dinner of hot dogs dripping fresh from her diseased cunt as have some weak-minded moral leper like Carmen Jamison slobber over them as if she cares more for them than their own 'Papa' fighting against ZOG-odds to get them back home where they belong. Jamison sighs and moans about how 'jewstice' can be found in a jewvenile kort, after she should know better, especially after seeing the little white slaves bought and sold like calves for the veal market. I far prefer Grim[m] Suzy, who with tight lips and a tighter asshole, simply does her job, without pathos or pity, of running the kiddie meat market. Carmen Jamison will probably be the very first one voted off of the 'Judge/Lawyer' tribe when DFS (Division of Family Services/Dog Food Shredder) 'Survivor' is on Resistance Tribunal TalmudVision.
2. Whenever Head Clerk Dana Jo Wallace is present, a 'piglice & jewdge' riot is inevitable, as on April 22d. Like parasites and predators given 'special status' and protection from deserved extermination at the hands of those they have wronged, they instinctively do evil whenever they can. It's as if they sense that doing evil is their sole reason for existence and so, whenever they find it safe, they do what they do so well. Clerks Susan Grimm and Carmen Jamison, when Dana Jo Wallace is gone, simply act according to law as explained to them, as when I negotiated paying the docket fees for two of my grandchildren. Susan Grimm because she simply just wants to do her job and Carmen Jamison because she is a weak-minded moral imbecile. Dana Jo Wallace acts evil because it is part of her congenital nature to be evil, and thus fits Judge Kevin Lee Selby's interests perfectly. Dana Jo Wallace is the one who initiated the confrontation of Sept. 15, 2004 simply because like most evil doers she loves evil for its own sake and because it costs her nothing to do evil. After all, it is not like Prosecuting Attorney Scott Watson is ever going to put her in prison for misprision and Judge Kevin Lee Selby loves the help in doing evil deeds.
What should be done with depraved evil creatures like Dana Jo Wallace and Kevin Lee Selby? Like most such creatures, they are exceeding cowardly. By all means, they should be made a 'special example of,' along with their spawn, as a family of moral degenerates. Jewseph Stalin had it right -- parasitic counter-revolutionaries cannot be trusted to liquidate theysselfs -- and thus a sort of rough justice in sending them screaming to hell was only just. Part of Jewseph Stalin's charm was in how the jew Bolsheviks Zinoviev and Kamenev were made to 'confess' to treason and were sent, screaming and pissing all over themselves, to their deaths and had their families liquidated in the gulag. Likewise such must be done with today's regime criminals. The penalty for destroying a family is that the regime criminal's family is publicly tortured to death and sent to the custody of the DFS/Dog Food Shredder for their crimes against the families of the poor, weak, and Resistance elements. Since they took up the sword against the families of others, then so too must the sword devour them.
3. The Missery Kort of Appeals decided to allow its Newton County trial kort, and its baby-stealing crooked judge, Kevin Lee Selby violate Missouri Rules of Kort, Rule 81.12 and Rule 81.15, since there has been no agreement with the Newton County Juvenile Office. (And why should there be, since Bill Dobbs, Cathy Gorham, and Pat Stuart have gotten control of my grandchildren and been given permission by Judge Kevin Lee Selby to make false arrests and extortionary threats of 'contempt of kort' to terrorize Roxie and myself from getting the complete record on appeal? When the crooked piglice and baby-stealers and judges are in effect a criminal conspiracy to steal White children, buy and sell them, and have the benefit of secret judicial procedure to modify, change or hide the 'oafishul' record and get away with this behavior, then anyone and everyone aiding and abetting them, whether they be mere clerks, secretaries, or piglice, have committed acts of treason deserving extermination. ) Since the Missouri Kort of Appeals allows judge Kevin Lee Selby, and his presiding judge, Tim Perigo, to violate their own kort rules mandating a complete, full, and correct legal file with every single page of that file to be certified by the trial kort clerk, in this case, the odious evil bitch Dana Jo Wallace, they have in effect allowed a lawless veto of Roxie's right to an appeal -- in effect, made their appeals kort irrelevant as well as lawless. Any appellate kort, which by its refusal to make a trial kort obey the law that they must send to an appellant a full, complete, and correct legal file, certified as correct on every single page, and then that then proceeds to demand of an appellant something that they cannot provide, i.e. a Record on Appeal which is full, complete, and correct and has a trial kort clerk's certification that it is correct, is a treasonous corrupt kort which has by its denial of due process of procedure, law, and its own rules has made no solutution than revolution possible. By their treason they caused the civil order to collapse into civil war.
This second attempt to make the Missouri Court of Appeals obey its own law by making the trial kort obey the law was a failure. On Oct. 13, 2004, the Missouri Court of Appeals issued the following 'frat-boy sense of justice' ORDER:
On this 13th day of October, the Court takes up appellant's "Motion to Mandate a Full Complete Record On Appeal." Having fully considered the same, the Court denies appellant's motion. The Court notes that appellant's motion fails to inform the Court as to what portions of the record appellant considers is being denied her by the circuit court.
As Appellant, on Oct. 23, 2004, wrote, when her first Record on Appeal compiled of papers given her by her first son-in-law and daughter was denied:
Appellant has got to wonder who is writing these ORDERS. The Court of Appeals clerks seem to be elderly women not disposed to frivolity and able to understand that when Appellant as a grandmother is complaining that she doesn't know what should be in the legal file because she was never allowed in Judge Kevin Selby's Division III juvenile courtroom and has been threatened with arrest if she goes in there while proceedings are in session and even her lawyer paid for by somebody else wasn't allowed discovery and has been unlawfully denied access to the secret juvenile court legal files then it is because she herself doesn't know "what portions of the record appellant considers is being denied her by the circuit court." Perhaps some law clerks are running amok. Or perhaps it is even because the appellate court judges, wise and learned in the law enough to where they should know better, think that Appellant is able to see through everything except kryptonite and knows what is really stored in Division III clerk Dana Jo Wallace's filing cabinet, and should be able by x-ray xerography create a perfect forged certified copy perfect to pass muster as a Rule 81.12(c) facsimile.
Or perhaps it is simply that this Appellate Court simply cannot be bothered to listen to Appellant's appeal or make the trial court obey the law and simply planned to railroad Appellant's appeal right out the door via the dismissal docket when she is unable to compile a Record on Appeal because she has not been given the necessary legal files by the Newton County Division III secret juvenile court clerks.
The answer, of course, is that the entire legal and court system is corrupt, designed to allow government 'workers' to steal everything and anything belonging to this criminal regime's enemies, especially that which is most precious to them, their children.
The only solution is White Revolution, and the most important part of that White Revolution is the thorough, effective and brutal as possible extermination of regime criminals and their spawn. These judges are supposed to know the law. They are supposed to obey their own law especially. But when they refuse to obey any law, and most particularly their own made-up rules, then the only thing left to contest is power using absolute violence, so that if there is no justice, neither is their any chance of life, except revolutionary life using revolutionary power.
ORDER, Sept. 17, 2004, Missouri Court of Appeals -- Southern District
ORDER, Oct. 13, 2004, Missouri Court of Appeals -- Southern District
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