|
Today is March 10, 2004
The Motion to RECONSIDER was FILED with the Court of Appeals on Dec 25, 2003 and has of this date not been replied to
by the Court of Appeals. I am studying how to add the other "published papers" to this web site and letting it be
the work bench for the BOOK that this will represent.
I will add "updates" as this work progresses /JSm
Johan K.V. Svanholm et. al. * In the
Petitioner *
COURT OF APPEALS
v. *
OF MARYLAND
State of Maryland et. al. *
September Term, 2003
Respondent *
Petition Docket N0. 503
MOTION TO RECONSIDER
TO
COURT OF APPEALS
Annapolis, Maryland.
Regarding Case No. 503 September Term 2003
Date December 25, 2003.
Johan K.V. Svanholm Chm
Svanholm Research Laboratories
vs.
State of Maryland et.al.
A - SUMMARY: The case that was first begun in the District Court of Maryland for 32 Charges of "solid Waste and
Ill Repair" was APPEALED by me in the Circuit Court of Maryland, with an added COUNTER SUIT for 25 million Dollars:
FRAUD, EXTORTION and RIGHTS, then forwarded by me to the Special Appeals Court in Annapolis Maryland and then again forwarded
by me to the Court of Appeals and now again filed to that Court for RECONSIDERATION.
The Defendants / Plaintiff's respectively argued that I was not in "order", timely etc and that the issues was
one of Zoning and a Local matter. I argued that forcing me to move, disposing of my FLEET, Jail penalties, Huge Bail Monies
and Fines and Finally Taking of my FLEET; Refusing to release the information who took the FLEET, by WHOM and WHERE they took
the FLEET and showing total DISREGARD of the RIGHTS, and what was under appeal etc. causing GRIEF and serious DAMAGES to
me and my company.
B - BACKGROUND: In form of QUESTIONS:
1. Why did the Montgomery County invade the Properties in Dawsonville, Maryland (Rt 28 and White Ground Road, of which
405 Acres belonged to my friend, a farm of 4-5 generations, ( That Date was February 15, 2001, a cold and Rainy Day.)?
2. Why did Judge Cornelius J. Vaughey sign and approve The Search Warrant, that was not specific ?
3. Was Judge Vaughey a "LAZY" judge when he did not require a proper PROBABLE CAUSE and JUSTIFICATION when a
simple request of the owner would allow the County to enter the Property?
4. Was Judge Vaughey under medical care and on medication at this time and later had an operation of some kind?
5. Was I causing Visually or any Physical harm to the Public at large, to any Neighbors or the Montgomery County in
any way by having my FLEET parked near the "hedge" opposite my friends Private Home driveway facing a huge farm
field, where grass was growing to feed the horses on his farm?
6. Did I inconvenience anyone by coming up to my "workstations" in the afternoon, to enjoy the sun, the wild
life, the fresh air, to work on my projects and work my Amateur Radio Station "N3RF" licensed by the FCC and Protected
by the Federal Law "BRP-1"?
7. Why did the Montgomery County fail to reply to Rep. Connie Morella's request for me to "issue a certificate"
that my FLEET was not of any issue with them?
8. Why did Judge Vaughey refuse to issue a SINGLE number for the 32 case numbers, so that I could afford to file an Appeal
directly through the District Court?
9. Why did Judge Vaughey refuse to RECUSE himself, when I asked him to do so, due to the conflict of interest that he
had that I mentioned above?
10. Why did Judge Vaughey "sing-or-utter" the "YELLOW SCHHOOL BUS" a children's song during one of
his "TRIALS"?
11. Why did "osama-ben" Littman call his campaign on the Windolph Farm "CLEAN AND LEAN"?
12. Why did Jeremia Chriss's deputy John always refer to the Private items owned by Mr Windolph as DEBRIS?
13. Did the State of Maryland Roads ending the Building of the Bridge on Rt 28 and leaving the property just 2 days before
the invasion have a relationship to what was "listed" in the search warrant?
14. Why did the Circuit Court Judge Winestein DENY my REQUEST for a GRAND JURY since I considered the Montgomery Count
actions CRIMINAL in NATURE?
15. Why did the Montgomery County Inspector General Norman Butts refuse to INVESTIGATE?
16. Why did the FBI refuse to investigate the Criminal aspects of Montgomery County actions?
17. Why did the Secretary of Treasury and ATF refuse to release the names of the ATF agents that took part in the invasion?
18. Why did the "Solid Waste" agents take pictures of my FLEET by FLYING over?
19. Why did the Agents take pictures through the Windows of the FLEET vehicle to view the contents?
20. Why did those very agents not take note of the SIGNS on the VEHICLES?
21. Why did those very agents Not see and take note of the US Flag that was RAISED over the FLEET?
C - PURPOSE OF MY FLEET.
My research Company (n-p in DC since 1966) has for years used LOW COST technology to carry out its RESEARCH and CONSULTING
purpose.
The work stations used in the FLEET was all "In GOOD REPAIR" for the purpose for which they were INTENDED. They
were all TITLED in my name and one VEHICLE was TAGGED and INSURED and is still to this day, even after the TAKING of the
FLEET on Dec 10, 2002.
The SIGN on the FLEET vehicle/work-stations said SVANHOLM RESEARCH LABORATORIES, FARM DIVISION etc. Also one SIGN said
AMATEUR RADIO STATION - N3RF , Protected by FEDERAL LAW, BRP-1.
D - SOURCE OF INFORMATION
The text, search warrant and BRIEFS are listed on WEB SITE http://n3rf.tripod.com where the "scanned images"
are accessed at the end of the "LEGAL" page by "clicking".
Letters and comments are added there also, as well as the "picture of the Checks, and Titles and the line of Vehicles"
is shown.
E - JOINED VICTIMS and DAMAGES:
I requested that the owner of the farm Mr John Windolph and Mr Jack Leigh who had a business in the Corner lot "next
door" join me in the SUITE and the motion to that effect was added when in the Special Appeals Court in Annapolis.
I requested that each one "highlight" the damages they felt they had Accrued Them because of the MC actions
following the Feb 15, 2001 invasion.
I also note that all the people "living or working" on the 405 acre family farm had been "damaged"
and or been kicked off their "abode" or "place of work".
Note that about "half" of the town of DAWSONVILLE lived or worked on this large acreage FARM, the Windolph's
FARM.
The MC showed no interest in Protecting these people but essentially ORDERED
EVERYTHING off the Farm that in their mind was not FARM-RELATED, "OR ELSE", a serious threat.
It was clear to me that the MC had an ADJENDA other that to "CLEAN UP THE PLACE" and this became clearer when
my Friend was forced to sell his Family Farm at a reduce price, "or else".
F - JUDGEMENTS to THIS DATE:
So far the District, Circuit, Special Appeals and Appeals Court had DENIED all my Motions, Appeals and Cases, but one.
So far the MC defense and the Governors defense councils have entirely ignored the FACTS that I have conveyed to them
and the Courts listed.
It appears that they have an agenda to "cover up" the facts that I have presented and have avoided the TRUE
ISSUE by adding their own.
Since NO FUNDING , and NO COUNCIL has been available to "explain" these details to the COURTS, I can understand
HOW DIFFICULT it must be for the COURTS to comprehend this convoluted situation caused by a LAZY judge(s) or by incomprehensible
County Officials and INSPECTORS. Their behavior to this date has been deplorably LACKING.
G - IN CONCLUSION:
I am therefore urging the Court of Appeals in ANNAPOLIS to take a "better look" at the FACTS that I have listed
to the best of my ABILITY and I wish that I would not have to file the $300 with the US Supreme Court which is another wasteful
effort on my part, both time and money wasted, for what ??? HONESTY and RIGHTS is all I can figure.
Respectfully Yours, Johan K.V. Svanholm, Chm SRL/LSRF, Washington, D.C. 20044
H - CERTIFICATE OF SERVICE:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of December, 2003,
A copy of the foregoing Motion to Reconsider my Petition for Writ of Certiorari was delivered by Postage Paid US mail
to Julia M Andrew, Esquire, assistant Atty. General, 200 Saint Paul Place, Baltimore, MD 21202 ; Charles L. Frederick, Esquire,
Karen L. Felderman Henry, Esquire, Principal Associate County Atty. Council for Appeals Office. Office, for the County Atty,
MC, 101 Monroe Street, 3rd Floor, Rockville, MD 20850
_____________________________________________-
Johan K.V. Svanholm, et.al.
xxxx xxxxx Street xxxxxxx, Maryland 20783 ( 202 ) 352-5252
PETITION FOR A WRIT OF CERTIORARI
Johan K.V. Svanholm, Petitioner, moves, pursuant to Maryland Rule xxx, for the issuance of a writ of Certiorari to the
Court of Special Appeals to review the above case.
In support of this Petition, and pursuant to Rule xxx (b) (1) and (2), Svanholm notes the following:
( A ) The case docketed as 226085 in the Circuit Court for Montgomery County;
( B ) Svanholm had been convicted of possessing SOLID WASTE and Vehicles in ILL REPAIR, which consisted of his
FLEET of Studio and Storage Vehicles, Radio Amateur and Electronic Test Equipment, Files, Documentation and other Intellectual
Property contained therein.
( C ) A copy of the docket entries evidencing the judgment
of the Circuit Court and a copy of the lower court's opinion are attached hereto;
( D ) The case was ruled by the Court of Special Appeals on April 9, 2003 in an unreported opinion by Judge Adkins. Svanholm
filed an "Emergency Motion to Reconsider and Order to Return Stolen Fleet and One US Flag" on April 25, 2003.
The Court Denied this Motion on October 28, 2003 by Judges Sonner, Adkins and Greene, a copy of which is attached hereto;
( E ) The judgment of the Circuit Court has denied all my claims and the rights and liabilities of all parties that invaded
the Farm was totally ignored.
QUESTIONS PRESENTED
Did the Court of Special Appeals err in its interpretation of the term "solid waste" contained in Maryland
Rule 5-803 (b) (2), providing for the admission of exited utterance as an exception to the rule against invasion, taking
of private property and intellectual and creative rights ?
Why did the Montgomery County "invade" the Farm on Feb 15, 2001
In the first place and why was this issue ignored by the courts?
Why did the District, Circuit and Special Appeals Court fail to understand that
This Appeal and This Counter Suit is two separate parcels and that the Appeal part issues have not been resolved, even
though the MC had width drawn after their TAKING of the FLEET.
Why was not the Bail money not returned by the Circuit Court that the District Court had told me it would be. That one
of three items was ruled differently than the other two by Master Kalil who should have dealt with the three items for Bail
money EQUALLY.
STATEMENT OF FACTS
On Feb 15, 2001, the Windolph Family Farm of some 405 acres Was invaded by a Swat Team ordered by the Montgomery County
without a stated Probable Cause. A fishing Expedition. They were looking for an Illegal Transfer (solid waste) station where
Trucks and Tickets and Loads was being transferred. No such activity existed on this
Old and friendly Family Farm. [ coinicidentally, the State Roads had just moved out with its "trailer" that
had been located on the Corner Property where in fact trucks, tickets and loads had been transferred For building the new
Bridge a short distance away south on Rt 28] Shortly there after all the people living on the family farm was told to leave,
the older buildings was targeted for upgrades and all the private property that was owned on the farm was declared SOLID WASTE.
100 of thousand of dollars fines and other threats followed including jail time for the owner of the farm.
My library and storage units and facilities was parked neatly along the hedge that bordered on the road to my friends
house adjacent to a farm field and out of sight from the main road of Route 28 of the other White Ground Road. See Ref 1.
It was a happy time before this "Terrorist Action" took place. The Farm had Hay-rides for the Children. Horse
rides and other activities including Civil War Enactments.
I was able to come and enjoy my work activity and work my Amateur Radio and drink the sunshine and fresh Air without STRESS
and let me see the Deer and the Antelopes play.
It was my American Dream and the Key element in my Project Value program for my Svanholm Research Laboratories, the posted
"Farm Division" that I had found a Safe Heaven there, after coming back from Sea Duty as a Radio Officer for about
10 years.
After Feb 15, 2001 things had changed. The Montgomery "solid waste" Terrorist Arrived lead by "Osama Ben"
Littman and cohorts inspectors Safris and McQue.
The Chief Jery Chriss, MC Economic Development, Farm Division had something to do with this since his Inspector John Zavitoski.
called all private stuff of John Windolph "DEBRIS" but had made a note in his report that my Fleet did not interfere
with the FARMING operation and he stated that my FLEET was on the edge of the 5 Acre Lot
Along the drive to John Windolphs Residence and this strip of land, invisible from the main roads John Zavitoski said
was not part of the farm.
I suspected that the Montgomery County would attack me next. I went to Congress - Lady Connie Morella asking her to get
from the MC a "certificate" that my Units FLEET was not "solid waste". She made every effort and was
finally told by the Director, Albert J. Genetti, Jr, of the Solid Waste Division "that I was under litigation"
. This was not true at that point.
Later the two "inspectors" that had harassed Mr Windolph and his Family, Mr Safris and Mr McQue came by my
private home in PG County and wanted me to accept and sign for 32 citations that my FLEET was Solid Waste and Ill Repair,
respectively. I refused. The left but came back some time later and DUMPED the Citations behind my Screen Door. This is how
their LEGAL PROCESS started.
I had previously been attacked by a MC inspector some years before who called my units Abandoned. On my request his boss
came by and stopped the FALSE accusation.
The MC issued for my FLEET ad OCCUPANCY permit with number 9707157061
Dated August 28, 1997for use: Warehousing and Storage.
I was told in conversation with Mr Chriss that the County Attorney Jared Littman had bragged in internal meeting about
his "Lean and Clean" procedures. This time MC had used a Plane to fly over for to take picture of the farm and my
FLEET.
It was Judge Vaughey that was responsible for signing the erroneous search warrant and when I vent before him, I asked
that he RECUSE himself. He refused with the comments "what did I do wrong". I had been told that the anyone with
any legal training would be able to see that the search warrant was without "probable cause" etc.
Three hours later Judge Vaughey RECUSED himself when Mr Windolph had a meting before him. Judge Vaughey also made fun
about and was quoting the song called "the yellow schoolbus" something I was not willing to enjoy.
I asked for a Jury trial, but Judge Vaughey refused. I also asked that the 32 Citations "cases" Case Numbers
would be combined into one, so that I could Afford
to file an Appeal in the Circuit Court. He refused this as well.
I then went Directly to the Circuit Court and filed a "two part" Case against the County Executive, MC and
the Governor of Maryland. CASE NUMBER 226085.
( A ) Part one was the appeal for all the 32 and all the Motions I been DENIED ,
Cases that had failed in the District Court, and
( B ) The Second part was a 52 million dollar Counter Suit for "fraud", "Extortion" and "Rights".
The reason for the large number was that I had thought 20, but to include Mr Windolph, I doubled it and some.
Separately at about that time I had also filed requests to the Chief Judge Weinstein of the Circuit Court to initiate
A Grand Jury inquiry and I had also asked the Inspector General Norman Butts to investigate what I considered Illegal Activities
by the Montgomery County under the Guise of LAW. I had also contacted the FBI and the ATF and other major Agencies to alert
them to what was happening.
I failed to respond to the "briefs" filed by the parties so that the Circuit Court DENIED my two part Suit.
I then went to the Court of Special Appeals Case Number 02585 September Term 2001 which was NOW denied as well.
After spending time in Jail, and that Judge Vaughey was kind enough to lower my Bail from 160,000 dollars to a mere 300
dollars, The Montgomery County ceased the Fleet and took it away on Dec 10, 2002 ["for destruction" as Littman stated
in the previous Hearing] including and American Flag that I had posted.
This special Flag had flown over the US Capital for my Company SVANHOLM RESEARCH LABORATORIES in the Previous April 28,
2002, was also taken.
I have asked the Congressman Van Hollen to get a report from the MC, who and where they took my Fleet. My International
truck has "current tags" and has "current" "insurance". The contents of these vehicles and
the FLEET itself are my Intellectual Property and have considerable VALUE to me and for my work.
I am please that Mr JohnWindolph and Mr Jack Leigh joined me in the Counter Suit [part 2 for this case]. Their statement
attached herewith speak s for itself including some of the injury that they have suffered from this Terrorist activity by
certain Groups and Individual of MC MD.
I reduced my Fleet considerable after this activity had started to show my good faith. One time when Mr Windolph was
on vacation out-of-state, 5 truckloads of school-equipment was delivered to my location, by the school system. Three of the
loads was dumped right I front of my FLEET. It took me quite a while to remove the projectors, tape recorders and older computers
that Mr Windolph had paid for at a school auction some time before, I later learned.
It was Mr Jeremy Chriss and his John T. that dealt with the the farm from a so called easement point of view. The reports
every 6 months I got copies of from Mr Chriss which use the term "debris" referring to the private items that Mr
Windolph had purchases had on the farms in places. It was the same terminology that Mr MaQue used to refer to the Contents
of my Units and he refused to deviate from this term under my continued questioning, as if that was some kind of "trained"
reflex that he had been told to use. Debris and Solid Waste was a very convenient way to attack Mr Windolph and myself and
represents the "FRAUD" that I have stated in my Part 2 "Countersuit".
I consider this fraud was perpetrated on the Court and me by providing the Court with false information, calling my Property
SOLID WASTE. I have include a letter to this effect by My retired Lawyer Friend Richard Haight on this very point.
For the sake of information analysis and dissemination my Brief and some other documents was entered on my website for
this purpose on: http://n3rf.tripod.com
Where the brief is in the "LEGAL" section and at the end of that page the "scanned images" are acquired
by clicking on the word at the end of that page.
A large number of Motions was filed to the Courts, and some of the Wrong Courts answered the motion. For example the
Special Appeals Court issued a MANDATE ahead of time. The Reconsideration had already been filed and confirmed being "on
time". The Clerks told me repeatedly that the item was removed from the record.
I found it impossible to get a County Lawyer to help me. The interaction
Between them and the County and the State gave them reason I suppose to keep their distance. There was NO MONEY available
either for them from my end so there was no BIG BUCKS. My friend Richard kept telling me to "get a lawyer". He himself
who had guided me for a longest time after he had retired some time before finally withdrew entirely after the stress and
the wait became too stressful. He was the person who had determined that the SEARCH WARRANT had been faulty. Mr John Lavigne
was the Lawyer that was appointed to help me when I went to JAIL.
I find it also difficult and outright IMPOSSIBLE to relocate, this was before the FLEET was taken by MC when each and
every location will not accept what the Court has RULED as SOLID WASTE. An absurd definition but a "disabling" nevertheless.
I asked the lower court to Expunge the District Court records since these charges and convictions could seriously and
permanently affect my Military Security Clearance.
This Motion was also DENIED. The Depraved Indifference showed by the parties here has been a continued concern and as
far as I can see all 3 courts have failed miserably.
I was a FUGITIVE for 90 days and then when I came to work I was apprehended and put in Jail with a 160 thousand dollar
Bail. At the next day Bail Hearing
The abnormal bail was REDUCE to 300 dollars. I was told by the Clerks of the District court that these 300 dollars would
be returned when the MC v. Svanholm was completed.
I have asked for it but this money has not been returned. Ms Debby Duval at the Circuit Court was at on time not able
to figure out the particular case number - of 32 - what was assigned to which 100 dollar item. I am still waiting for this
money to be returned.
The second part of my Part 2 - the Counter Suit was "extortion". The extorsion here is the great demand for
money, thousand of dollars.
The third part of my Part 2 the "Counter suit" was RIGHTS. All the rights that were violated from the very
start and any law trained person who know these laws can figure this out.
It is unfortunate that the "Solid Waste - Terrorists" of MC MD got away so far with these ACTS that I consider
Criminal in Nature. I have stated this to the FBI and I filed Criminal Charges with the Commissioner Camute on Dec 30, 2002
on Director and the "inspector" that handled and managed the TAKING of the FLEET on December 10, 2002. Commissioner
Harold Meijkeljohn, her boss has this document on file, but indicated that he feels the state will not want to prosecute
- "without sufficient probable cause" or something to that effect, he said.
REASON FOR GRANTING THE WRIT
That the committed a criminal Act by calling my Studio Vehicles "Solid Waste", and also by taking the FLEET
and One very Special US Flag, and by Causing me JAIL TIME and by Threatening me with HUGHE SUMS of MONEY fines, causing me
stress over a longest period of time, more than 2 years. Also causing the same things on my Friends John Windolph and Jack
Leigh by calling Johns private stuff "Solid Waste" and causing other problems and issue for them and me with DEPRAVED
INDIFFERENSE.
I think all my motions in the past have been timely and reasonable. I hope the WEB SITE will be useful http://n3rf.tripod.com
as I mentioned before. I have taken photographs continually of my space over the time I was there. I have offered the new
owner who took over the Farm money so that I could mover in and orderly fashion. I understand that he also was threatened
"to get rid of me". I understand he took and ACTIVE part in having my FLEET taken without going through any LEGAL
steps and knowing that the situation was under APPEAL. I do think the DEFENDANTS in my COUNTER SUIT owes me plenty and so
for my Co-Plaintiffs Mr John Windolph and Mr Jack Leigh.
CONCLUSION
For the foregoing reasons, Svanholm respectfully requests that this Court issue a Writ of Certiorari to the Court of
Special Appeals to review its decision in Svanholm v. State et al..
With requested condolence for my simplistic language and legalese
Respectfully submitted by Johan K.V. Svanholm, et.al.
XXXX XXXX Street xxxxxxxx, Maryland 20783
( 202 ) 352-5252
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 8th day of November, 2003,
A copy of the foregoing Petition for Writ of Certiorari was delivered by Postage Paid US mail to Julia M Andrew, Esquire,
assistant Atty General, 200 Saint Paul Place, Baltimore, MD 21202 ; Charles L. Frederick, Esquire, Karen L. Feelderman Henry,
Esquire, Principal Associate County Atty. Council for Appeals Office. Office, for the County Atty, MC, 101 Monroe Street,
3rd Floor, Rockville, MD 20850
___________0__Johan K.V. Svanholm, Petitioner
|
