111111 repost bio---THE ULTIMATE MANDAMUS from 2001

09/10/2014

====================================

MANDAMUS FOR JUSTICE AND EQUITY

AGAINST THE GRAFT AND CORRUPTION OF

NEW YORK STATE MATRIMONIAL LAW

(The Malaise of Justice)

To Gov. George Pataki,

To the NYS Legislature

To the NYS Supreme Court

To the NYS Senators in Washington

To the NYS Representatives in Congress

To the NYS Bar Association

To the American Bar Association

State of New York: Supreme Court

County of Livingston

Peggy D. Klice, Plaintiff

Vs.

John H. Klice, Defendant PRO SE Index number 591/2000

7/03/2001-

I, one man, “In Extremis“(figuratively and possibly literally); mortally wounded by the Family Laws of this state; (the matrimonial laws as it were), demand a MANDAMUS, and demand all of you to be accountable to your oath of public office.

This oath, from the Constitution, holds you, (if you are men and women of your word), accountable to God and the Country, (the people), for the unintentional but detrimental nonfeasance of your duties. (with apparent regard to “political correctness“).

Currently a POW of the Divorce Court System, unable to escape even by proving perjury on the original complaint; “captioned” by the blind infallibility of the court, and the malignant narcissism of the participating officers of that court, who use the title Esq. (“Esquire”). (footnote 1a.)

Yes, even the two attorneys I employed, (with borrowed money), gave their word, to represent me and defend my rights, then reneged on their word, citing my “capture by retainer”, to assert their “legal tactics” their “legal strategy“, their “legal ethics“, and psychologically tried to force me; by inducement and harassing position of power; to plead “guilty”(give in and accept the “best deal” of the court. (don’t make waves.)

To quote my first lawyer, “Don’t you ever want to have sex again?” His attitude, his condescension, his lack of moral conscience, led me to employ a second attorney. I borrowed two thousand dollars more, after I resigned my employment of twenty-four and one half years, due to the extreme, excruciating emotional stress, near nervous breakdown, and major coronary event from the iniquities suffered.

I signed my second attorney’s retainer, (he had his money legally captured), less than two weeks before the first marital conference by a marital “referee”, on Nov 17, 2000. I showed up at the Livingston County Court to be left in the waiting room, never seeing the “referee”, or opposing attorney, having faith that my attorney would represent me, and defend my rights. In this conference behind closed doors, (without official transcript), I was sentenced by “directive” to pay $175/wk child support for my 17 and 16 year old sons. (although unemployed and deeply in debt, with medical problems, and most assuredly, emotional problems.)

My own lawyer echoed the words of the “marital referee”, (the wanna-be judge), who chose not to face me at that time. Those words were that I had no right to resign my job, (indentured servitude is OK in divorce court conferences). Also my own lawyer echoed the referee in that if I did not pay, the directive, I would be held in contempt of court, and would be incarcerated for up to six months in jail, (without bail) unless I complied.

My second lawyer in explaining my options did say, “ you could fight to stay married, but you would be crazy to do that!” I guess all the “sane” divorce attorneys and judges believe that divorce is right and marriage is wrong. (unless it is perfect and infallible, like them.)

My second attorney knew of the perjury in the complaint and said it didn’t matter. He also stated as my lawyer, and as an officer of the court, “The court does not care about the emotional and psychological well being of your children. You have to pay. The Child Support Standards Act is written in stone. You have to pay or you will go to jail.”

I guess the Ten Commandments don’t matter anymore. (The new moral guidance of parents and the moral conscience of their children is dictated by the “God of Money”, the CSSA,“It’s The Law”.)

The new commandment, the CSSA, a “guideline” vulcanized by the misogamy of the “brokers”, (profiteers), of divorces, who use psychological hate-mongering tactics to abuse troubled spouses and their children, for profit. It is the law.

I have seen the propaganda of this psychological abuse by the law. The new twelve commandments for divorced parents and the new bill of rights for divorced children. The law prevents prayer to any god in our schools, but the schools teach the child support enforcement act, and the accompanying percentage entitlements of the total gross income of both parents’ households, in the new “Health” course curriculum. The schools also teach, (intentionally or unintentionally), the new amoral ethics of the law in school.

(“Only the Legally Strong and Ruthless Survive“).

Ethics like adversarial process, antagonism, collusion, calumny, connivance, subornation, immunity, impunity, perjury, presumption of guilt, and all the accompanying tools of legal psychological “BULLYING”, used by legal professionals, legal experts, legal ethics, our own American Legal Aristocracy.

The ideological incest and inbreeding of “Political Correctness”, through our courts, our legislatures, and our executive branches, (though with “good intentions”), has decimated our society’s family values, our country’s moral center, our country’s moral conscience.

How incongruous that our senator’s and representatives applaud themselves for “Reducing the marriage penalty tax,” and then talk about reinforcing family values in our schools. Who started the tax on marriage? I have read the Constitution and the Bill of Rights and see no mention of a marriage penalty tax. There is no mention of inheritance tax or estate tax either. (The estate tax is where they tax you after you are dead.) I guess I should not be surprised that the same senators and representatives, (and legal aristocracy); who determine the uses of the Social Security Trust Fund do not pay fifteen percent of their income, as do the average common people and their private employers. (even students and minimum wage earner’s below the poverty level.)

But I digress. The fear of the “God of Money” and the empty onanism its false believers minister to, has pervaded not only the American Legal System, but the American medical system, (and HMO’s) and our American educational system.

The lack of moral conscience, and moral discipline in our legal system has to be reversed. In my hypersensitive physiological and psychological state I have found that hate and anger cause pain both physically and emotionally. And only through forgiveness, (with compunction), and understanding can my heart and mind find peace. I do know I can not change this alone. I need help. I do know what I can change and what I cannot. And I do have the wisdom to know the difference. I have learned much from the sorrows of my life and I am not afraid to admit that I am human and I make mistakes. Human errors. Only the infallible do not make human errors and thus deny their own humanity.

But I can pray, and I can hope, and as Mario Cuomo put it, I can have A Reason To Believe. (that others, judges, lawyers, doctors, politicians, teachers and school officials, and corporate managers, too, can admit they are human and that they, too, make mistakes, human errors, because they too are human.)

If we as a nation, a society, as individuals, ( e pluribus unum), are not part of the solution, we are part of the problem. Love, faith, hope, and charity. And thou shalt love thy neighbor. And honesty, integrity, and respect. We are all teachers, we are all students in the University of Life. It is not a religion. It is our collective stream of moral conscience, our goodness and belief in “the Force” of goodness over evil. (the dark side of the force).

When our country took God out of our schools and the Bible out of our courtrooms, I must have missed the point in time and its extended ramifications. It happened before in history. A people, a nation, afraid and desperate from the poverty of the depression, led by their “politically correct” leaders, using psychological hate-mongering, with their own legal aristocracy of ESQ.’s (translated to S.S. (Schutzstaffel) and Gestapo, for love of the God of Money, The Power, then, and thinking themselves superior to all, other than “their” master race, launched a holocaust of European civilians, esp. Jews, with their haughtiness and feeling of being above the law of God, the natural law of life.

Political correctness then, political correctness now. It pains me to see this perspective of the holocaust of the American family, and its family values disintegrate. Right and wrong, truth and lies, justice and iniquity, are not clearly defined by “political correctness”. The blurring has distorted our children’s concept of life, and the American Dream. Responsibility and accountability, truth, honor, and respect have been replaced by “entitlement”, and “freedom of choice”, without consequence, to “Be as Bad as We Want to Be.”

The “legal” “permissive negligence” I have endured, witnessing the obstruction of justice, of my gracious 79 year old neighbor, victimized by my eldest son, (16 at the time), by forgery, larceny for drugs, and the ensuing “lawyering up”, corruption of his morals, barratry, collusion, connivance, and the “legal” emotional castration of my paternal moral concerns, by a lawyer, a judge, a district attorney, a probation office, which in turn fueled their hate mongering, to torment, by slander, and defamation, this same gracious 79 year old neighbor, and the father, who “violated” his son’s rights, by making him tell the truth to police.

Then because of the shrewd legal delays for padding her legal billing hours, the legal system was proximate cause for the subsequent physical sibling abuse 2/24/00, (convicted assault 3rd, 5/10/00), that followed on my younger son, the younger, weaker, (non-athletic) brother, (my own dilemma of a near Cain and Abel). (my older son was also convicted of forgery and larceny 05/04/00 total 7-month delay from 10/03/99 arrest)

Then by barratry, connivance, and collusion, divorce action was initiated 6/13/00 after emotional and psychological abuse of my younger son, by his mother in the legal stratagem to get more money for her “Conspicuous Consumption” by alienating the younger son from his father. (8 day total emotional abandonment 02/24-03/03/00), weeks of lies, secrets, guilt, subliminal hopelessness inducement, (Paxil 06/06/00) and change of psychologist 06/16/00). All with the help of the Livingston County Health Department where plaintiff, my wife worked as an R.N.; culminating in the near critical homicidal-suicidal ideations of the younger son and abuse from the macho-athlete friends of his older brother at school.

The school, afraid by law; and my older son’s criminal lawyer’s machinations, secreted the mother’s inducement, by phone, of the prescription of Paxil, an anti depressant, and hypnotic drug for “Social Anxiety Disorder”, and change of therapist coinciding with the initiation of divorce by reason of innuendo of cruel and inhumane treatment of plaintiff by her husband, because the husband (and the younger son), pressed assault charges on the older son of the plaintiff for the assault of 2/24/00 of his younger brother, and the father, who suffered a broken nose and black eye,(severe trauma to the head), by his 17 yr old (6‘3“/180# son) in a fit of “steroid rage“, ( his drug of choice for basketball and the aforementioned forgery and larceny against his 79 yr old neighbor.) This night 2/24/00, was the same night of the 4th delay of the said trial for his admitted (10/03/99) forgery and larceny, after his criminal attorney asked that I, the father, not come to court. (and then convinced this same elder son that his father had given up on him and abandoned him.) How iniquitous.

My 18 yr. old son now states that I was not there for him when he needed me. I love my son Zachary, but he was wrong. His lawyer usurped the paternal “manly firmness”, of requiring atonement by compunction, that the natural law demands of a father whose son has wronged an innocent.

The law said he had to have a lawyer to defend his rights even though he had admitted guilt. Then by proximate cause this criminal attorney proceeded to defend his rights by slandering and defaming his father, alienating first the wife from the husband, and the 16yr old son from his father, and the other 15 yr old son (a friend of the 79 yr old victim neighbor), inducing the assaults and the following slander and defamation of the 79 yr old neighbor, and the indignation of the father through her manipulation of the school, county health dept, county district attorney’s office, probation office, and MM Police Dept. by using the unsubstantiated hate mongering effect of presumptuous guilt, with melodramatic but effective false cries of domestic violence, and child abuse. I, the father was guilty, because she was an officer of the court, in collusion and connivance with the wife, an R.N. with the county health department, and I the father had no title, except Vietnam Veteran, son of a milkman, son of a farmer. Presumptuous, assumptions, guilt by perjury, slander, indignation with no substantiation except by innuendo and equivocal interpretation of non-specific events without definition or full explanation or disclosure.

And in the legal advise of “Conspiracy of Silence” , I was shunned, alienated, and cast away without proof, by my wife, and five children. (manipulated by the psychological fear of maternal abandonment.)

My youngest son did not go easily. It took Paxil, an anti-depressant, hypnotic, drug, prescribed by his pediatrician over the phone, without consulting the father; the collusion of the school psychologist, the school guidance counselor, the school principal, the school superintendent, two or three supposed mental health counselors, and his siblings, who were already conditioned, captioned, by their mother through their fear of a mother’s emotional abandonment.

And in this conspiracy of silence, this defense attorney, this criminal attorney, was so audacious as to refer the wife to her own soon to be husband, (a divorce lawyer with 13 years experience in matrimonial law by his own crowing in a previous motion), to represent the wife in a vicious, nefarious, perjured, divorce action. (using the inducement of money, the supposed deep pockets of a 25 yr Kodak employee)

There was no chance for reconciliation. There was no chance for mediation. There was no chance for reason. The conspiracy of silence set up by the law, was the wall that prevented any communication.

The charge was cruel and inhumane treatment. And once initiated; the Court, the Law, says I must be guilty; I must be divorced, I have no rights. (It is the presumption of guilt by perjury that makes me guilty, not the fact that I am the husband, father)

The profound irony is that these two attorneys’ wedding and reception last summer, was financed in some small way by my son’s inflated, padded, legal (criminal) attorney’s fees, and my wife’s divorce retainer, both usurped from my family’s marital earnings which should have contributed to paying off our sizable marital debt from subsidizing my wife’s, plaintiff’s, four year education, 1990-1994, (age 39-43), to obtain her B.S. in Nursing and her R.N. certification, while supporting five children, aged (16,13,10,7,6,) a family of seven.

And this profound irony is only amplified when I imagined or realized the possibility that both of my supposed attorneys and the marital referee, and even the judges and the district attorney, or head of the probation department; may have been guests at that wedding and reception of two officers of the court, both having the title Esquire, both members of the legal aristocracy.

I can not fight this maze of iniquity alone. I need help, in more ways than one. But I pray. And I still have “A Reason To Believe”. (thank you Mario Cuomo)

I wish my choices, my decisions, were as easy as a myopic, dyslexic, mercenary judge. As a husband, a father, a parent, I have to consider and perceive not just the legal aspect of my actions, but the subsequent moral and psychological ramifications as well. I cannot absolve my obligations, my responsibilities, my vows “For Better or For Worse, In Sickness and in Health, till Death do us Part.”.(with a court order for money)

Citing equivocal semantics of “The Law”, I have to live with my own moral conscience and how it affects my wife and all my children, and their children, for many years in the future.

My second lawyer said to me, (in his honest opinion), that it would be suicide for me to resist the law, even if I was right, and He did not want to look bad in the eyes of the Court. This was just before he charged me $150/hr to submit HIS motion on 2/23/01 to be relieved as my counsel. (which the judge did grant.)

I guess it is truly hard to find brave men, (or women), especially practicing law. And yet, I forgive him. I do know that it would have been suicide for HIM, also, to have defended my rights in this politically correct, yet unforgiving, (zero tolerance,) arena of matrimonial law.

It took me about eight readings of the pamphlet of Chances and Changes, to realize that no other than the Governor of New York, George Pataki, endorses the prejudicial, biased, treatment of primarily men; (but some innocent women too); by hate mongering, guised as help against; “domestic violence, psychological abuse, emotional abuse, financial abuse, physical abuse,” by persecution by perjury, guised as prosecution by presumption, with the endorsement of “Zero Tolerance” to the full extent of The Family Law, The Matrimonial Law of New York State.

(to most people, men and women alike, “domestic violence” carries a subliminal fear, an innate prejudice, and an instinctive bias, that men are guilty; from their worst thoughts, and that all women are good.)

In the good intention of fighting domestic violence, the state, the law, the court, actually causes more domestic violence and various abuses with the unchecked legal ethics of its ever burgeoning population of matrimonial officers of the court, each looking to grow their own bottom line in the worship of the God of Money. It is domestic violence and abuse, of the people, by the people, for the people, by the new “legal ethics“. It is the Law. How incongruous.

But the worst irony of all is where there is real abuse, the law, represented by legal ethics, will deprive the real victims of justice. Man or woman. The law is only for the ruthless and the strong to survive and the weak and the caring are to be trampled emotionally and financially. As in the parable of Solomon, the parent who cares the most, loves the most, will usually surrender for the sake, the moral and emotional welfare, of the child, the adolescent, the young adult.

The Court is selfish and narcissistic, and will primarily side with the selfish, the ruthless, the narcissistic parent, who in the true psychological reality is the abusive parent, the parent in denial of their own fallibility, their own humanity. And the court in misguided jurisprudence, lets the child, the adolescent, the young adult, decide, assert custodial preference, (freedom of choice to be as bad as they want to be, and be entitled to more money, more material things, than if their parents stayed married; without responsibility, without accountability, until age 21, or even 24.)

(There are studies which show that even in extreme cases, the abused child will choose the abusive parent, out of the misguided want to help correct the projected guilt of the abusive parent on the child.)

The Court in its misfeasance, or nonfeasance, will give the child, the adolescent, the young adult, what they want, rather than what they need. And since there is precedent, by other cases of this misfeasance of the moral and psychological good of the children, the adolescents, the young adults, this trend continues, without the real perception and keen observation of each new and unique case. How myopic. How dyslexic. How detached from reality. How deplorable. How dysfunctional our Family Courts and family law has become, and how iniquitous our matrimonial courts, our matrimonial law has become. (The biased legal error of equity by political correctness.)

With the attached statistics of one of the fastest growing, (morally unchecked), self-employed businesses; one has to wonder at the statistical significance, (or rather insignificance), of the number of disbarments or censures. (And the inverse of “supply and demand” which is creating “demand for the supply.”)

Please; I ask only for truth, justice, fairness, (equity), and true open-minded, unprejudiced, unbiased, thought. Please; think; rethink; where we are going.

THERE TRULY IS A NEED

TO OBLITERATE THE MORALLY OBSCENE LUCIDITY OF THE

LUCRATIVE LEGAL LUCRE,

WITHOUT OBLOQUY IN MATRIMONIAL LAW;

IN VIOLATION OF,

“ TO PURSUE A CLAIM ONLY IF IT IS JUST”, AND

“ INTENTIONALLY MISLEAD A JUDGE OR JURY.”

Hon. Ronald A. Cicoria

Mr. Thomas A. Burns

Ms. Kelly J. Donohue

Hon. Thomas M. Vanstrydonck, Hon. Gerard J. Alonzo, Mr. Philip B. Dattillo, Jr.

Mrs. Bea Palermo

Mr. Thomas E. Moran, Mr. Elliot Spitzer, Mr. John Ashcroft

Editors, Livingston County News, Democrat and Chronicle, New York Times, Washington Post, Los Angeles Times.

NBC News- Katie Couric, Matt Lauer, Tom Brokaw- ABC News -Connie Chung, CBS- 60 Minutes

With true sincerity, yours,

Semper Fidelis

John Howard Klice

==============================================
footnote 1a..

Esquire by definition-(to the 4th derivative), a squire, or aspirant to knighthood,

a man belonging to the gentry, ranking next below a knight.

Gentry:-def. well born and well bred people

ESQ.:(Brit. later borrowed in U.S. as an affectation

affectation:- def. 1a. striving for the appearance of (a quality not really or full possessed) pretense of the possession of character; effort for the reputation

2. Artificiality of manner or conduct; effort to attract notice by pretense, assumption, or any assumed peculiarity.

Syn. Airs, mannerisms Airs: def.- 7pl. affected manner; manifestation of pride or vanity; assumed haughtiness.

Malaise: def. 1. An indefinite feeling of debility or lack of health

often indicative of or accompanying the onset of an illness.

2. a vague sense of mental or moral ill being.

ex. < a malaise of cynicism and despair> Malcolm Boyd.

Graft: def. 1. Corruption involving public officials: any attempt by a public servant to use his public office for his personal pecuniary gain. (and officers of the court, (of the people), ARE public officials).

2.to get (illicit gain) by graft, the acquisition of gain (as money), in dishonest or questionable ways;

3. illegal or unfair gain.

Corrupt: def. 1a. Morally degenerate and perverted

b. characterized by improper conduct

2. putrid, tainted

3. adulterated or debased by change from an original or correct condition.

Syn. see “VICIOUS”

Corruption: def. 1a. Impairment of integrity, virtue, or moral principle. depravity: b. decay, decomposition c. inducement to wrong by improper or unlawful means. d. a departure from the original or from what is pure and correct.

© 2012 3D Divine Deadbeat Dad ( - 7/21/16


add as favorite

0 previous comments