Kini Cosma (541) 880-4534 P.O. Box 7918 Klamath Falls, Oregon 97602
MEMORANDUM OF UPDATED FACTS
TO: HONORABLE MEMBERS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, ORGANIZATION OF AMERICAN STATES, CASE NO.: P-878-09:
FROM: KINI COSMA
DATE: FEBRUARY 22, 2012
REGARDING: UNLAWFUL EVICTION AND EXCESSIVE HARASSMENT
I was profiled as a lesbian and arbitrarily arrested excessively since 1989-1995 (approx 40 times-landing in prison on July 4th, arrested on Martin Luther King Day, arrested 1st business day of 2011, sent to a mental institution on March 1, 2011: my birthday). When I was wrongfully convicted of "stalking", the status was enhanced to include a "sex offense" after I was sent to prison. Branded a “sex offender,” I lost custody of my two sons. The officer has since been charged with excessive force by another attorney.
All legal activities others are entitled to have become illegal for me. All my business ventures were deliberately destroyed and frustrated and they have left me to languish resulting in loss of liberty, civil rights, productive lifestyles, financial and personal ruin, mental anguish, social condemnation and personal and family embarrassment.
I have appealed to the Federal courts since 1995 and ALL of my cases were dismissed without review. All of the difficult and dedicated work I've done was ignored while federal judges demanded that I complete more work. Even though Federal judges know I am not the “Betty Crocker” type girl, they have become obsessed with “curative rape” by forcing their disregard on me making me an object of ridicule and scorn in order that I submit to and service their American Men.
As a result of my legal battles against the U.S. Government, I have become an extremely unfavorable person subjected to and having to suffer severe retaliation. I noticed my $100k rightfully inherited trust fund was wrongfully pilfered/seized after I asked the 9th Circuit Court of Appeals to suspend the powers of the trustee. I also noticed that at least two attempts to entrap me in illegal ponzi schemes occurred while I was suffering brutality at the hands of the Lassen County community in California. I have also lost other real property and vehicles wrongfully seized and confiscated by the states of California and Oregon authorities.
The state and federal courts, in both California and Oregon, deliberately set me up to fail refusing to grant me asylum or protection from persecution and using me as a human battering instrument for others in the community to abuse, physically and emotionally. Those in the community banter me because they just want me to shut up and go away and endure the sexual harassment. Because of the selfish reasons of those who conspired for my false imprisonment, other malicious prosecutions and judicial injustice has taken place. Impropriety, prosecution for the sake of prosecution, lack of funds for legal aid to prove my innocence and/or other errors of one kind or another, has occurred.
All of the excessive government entanglement running afoul of civil and human rights guaranteed by the U.S. Constitution without legal support has deeply affected my health. Even though I have brought separate §1983 and §2254 actions against the police and other officials on the grounds that labeling me as a sex offender based upon a policy enacted after my criminal conviction violated my constitutional rights. And, the infringements of the Due Process and Ex Post Facto Clauses of the Fourteenth Amendment privilege against self-incrimination constitutes cruel and unusual punishment and is in violation of the Eighth Amendment.
The U.S. Government endorsed this cruel and unusual punishment by continuing to identify me as a sex offender, allowing me to be defined as someone who has been convicted, at any time, of any sex offense or [who] engaged in sexual misconduct during the course of an offense. They have continued to recommend that I receive disparate treatment making it their constitutional duty to inculcate cruel and unusual punishment by portraying me to the public that “sexual assault is a heinous crime committed by Offenders with deviant behavior patterns that cannot be controlled by incarceration alone.”
Still no remedies available for these violations or the disparate treatment set forth under Title VII while retaliating and conspiring against my rights under 18 USC §241, there is now substantiated evidence that I am being been tortured to premeditate my murder using their power of abuse to maliciously disintegrate my health.
Just recently throughout August and September 2011, I diligently sought housing. Finally relying on the verbal agreement made by manager's Christopher John and Ericka Little of Wiseman's Mobile Home Park at 6800 South 6th Street in Klamath Falls, Oregon. Previously managers Christopher John and Ericka Little declared to me that they made a visual inspection of my residential travel trailer at another location and approved thereof, preserving the certain space for me to move into on October 3, 2011. Relying on said verbal agreement, I halted any other effort to seek housing else before the winter's debilitating freeze that caused my health breakdown (including hearing loss) the previous season.
I paid the rent and moved my residential trailer in. When I relocated my residential travel trailer to Wiseman's Mobile Home Park at 6800 South 6th Street in Klamath Falls, Oregon, on October 3, 2011, said management used bantering and forcible hostilities1 against me to unlawfully evict me without proper legal notice making the excuse that my trailer was not in compliance to their standards. Said management had a limited contractors license that definitely did not include having the authority to inspect the electrical components in my trailer.
Coincidently, the Klamath County Sheriff's department was right there to assist in these civil matters2 by forcibly running me out of the mobile home park regardless that rent was paid. As a result, I have been housed in an illegal concentration camp type setting with barbed wire all around while staff of the Klamath County Sheriff's Department are, coincidentally, tenants in the immediate vicinity asking me to secure their property.
These actions also have interfered with all of my legitimate home office based businesses. (disconnecting electrical utilities, forcing me to spend money to seek resources the government will block, excessive late fines and fees) The pattern of abuse goes on and on with constant patterns for propensities of humiliation always setting me up in an illegal manner to justify their means for, yet, another malicious prosecution. Having to urinate in buckets and defecate on newspapers prove their successful effort for making me live like an animal unworthy of attention or exposure to their pattern of consistent horrific human right violations.
Regardless of the well-founded fears of persecution on the grounds of my being a member in a particular social group demonstrating my political opinions... I remain ignored and undefined as an disenfranchised, elderly, sex offending-stalker, Caucasian, Jewish, lesbian, woman vulnerable to U.S. Government abuse and oppression suffering their prevailing patterns of consistent years and years of physical and emotional abuse in both California and in Oregon.
While others qualify as refugees to be granted asylum or protection somewhere in the United States, the harm feared is being inflicted by the this government...and by persons and organizations that the government is unable or unwilling to control. I have contacted 1000's of agencies connected only in the legal industries relying on those agencies for answers. While they were asleep, I was sent to mental institution for several months on bogus charges, again, my civil rights were violated. Anonymous people are coming out of the woodwork who I do not know, nor should have any information regarding my civil and human right violations in the communities I am transient in. So, why are they hostile and derogatory using such efforts to intimidate and harass me?
I, Kini Cosma, hereby declare under penalty of perjury that all of the foregoing statements, records on file with this case is true and correct to the best of my knowledge.
Kini Cosma:______________________________ Dated: February 21, 2012
As you know local, state, and federal officials (the U.S. Government 'officials') has targeted this author (me) by using punks to menace and drive me from city to city, state to state. They have also used individuals to perjure and lie in an effort to cause extreme mental and emotional anguish in an effort to successfully incarcerate me. They have invalidated all of my legal activities others are entitled to by rendering them criminal. Officials have severely crippled my very difficult (even while bearing children)
http://appeals4justice.zoomshare.com/files/Resumes.pdf
They have forced me to live in a state of continued physical torture, mental and emotional abuse, and oppression for over 25 years. The pattern of abuse by officials have always been to intrude on my employment activities to traumatizing me. This has been their assurance to send me to jail.
Finally, after many years of searching, I found a market that could give me a chance to revive. In an effort to defend myself for my continued illegal "squatting" on an individuals property and my efforts to move on, I groveled revealing my marketing plan to him. He knew I was going attempt to host a screening at a local taco shop on March 23, 2012.
Regardless, the individual "leaked" my employment plan to Christoper J. Little, from Wisemans Mobile Home Park. This influenced him to visit the taco shop during my hosting event. My vehicle is an obvious one, parked in front of the taco shop with a few others. When Little saw my vehicle out front, he decided to appear after the injuries and damages he has helped to esculate. He knew his mere presence to scoff in my face would intimidate, degrade, and humiliate me in order to run me away from my legal activities. 25 years of the same pattern of abuse. http://judiciary.zoomshare.com.
I, Kini Cosma, hereby declare under penalty of perjury that all of the foregoing statements, records on file with this case is true and correct to the best of my knowledge.
Kini Cosma:___________________ Dated: April 10, 2012
TABLE OF CONTENTS Page
Amended Petition For Writ of Habeas Corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
I. Procedural History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
II. Petitioner Exhausted All State Remedies Available . . . . . . . . . . . . . . . . . . . 3-10
A. Model State Administrative Procedures Act 1981 Art. I . . . . . . . . . . . . . . . . . . .3
The Administrative Process of Plaintiff's Hostile Living Environment Have
Never Been Addressed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .5
Plaintiff Was Never Entitled To An Administrative Hearing At The
Department of Motor Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
B. Federal Administrative Procedure Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
III. Petitioner Is Guaranteed Specific Federal Constitutional Rights . . . . . . .11
Questions Presented . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 11
A. The Lower Courts Entered A Void Judgment In Affirming Plaintiff's
Conviction In The Absence Of Proof Of Personal Jurisdiction Requiring
Review In This Court To Secure Uniformity Of Law . . . . . . . . . . . . . . . .. . . . 11-12
Review Standards For Valid Judgments-Void Judgments. . . . . . . . . . . . . . . . .12-14
Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
B. Review Of This Matter Is Necessary To Secure Uniformity Of Decision As
The Decisions Entered In These Matters Conflicts With Previous Decision
Upheld As To The Basis For A Procedural Bar. . . . . . . . . . . . . . . . . . . . . . . . .16-19
Standard Of Review For Claim Preclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Final Judgment On The Merits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..19
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Relief And Remedy Demanded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13
Klamath County Circuit Court dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 1
Pattern Diagram of Excessive Arrests and Violations of Due Process And
Updated Demand For Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Exhibit 2 (a-m)
Judges Order From U.S. Court of Federal Claims . . . . . . . . . . . . . . . . . . . . . . Exhibit 3 (a-c)
Disputed Waiver On Plea Of Guilty For Sex Offender Status And
Unconstitutional Parole Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Exhibit 4 (a-d)
Demand For Direct Acknowledgment To Various Government Agencies. . . . . Exhibit 5
All Writs Act of 28 USC 1651; Violence Against Women Act (VAWA);
Full Faith And Credit Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . Exhibit 5-6 (a-c)
Memo To Health Care Providers Regarding Coerced Interrogation. . . . . . . . . .Exhibit 7 (a-b)
Complaint Of Judicial Misconduct Or Disability . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 8 (a-b)
Complaints To The Oregon State Bar / Correspondence . . . . . . . . . . . . . . . . . Exhibit 9 (a-e)
Letter From DMV explaining plaintiff's driving privileges were reinstated . . . . .Exhibit 10
Photos of contested driving “accident” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 11 (a-c)
Medford, Oregon, Federal District Court Report and Recommendations . . . . .Exhibit 12 (a-c)
U.S. Court of Appeals For The Ninth Circuit Order . . . . . . . . . . . . . . . . Exhibit 13
Unlawful and Forcible Eviction Memorandum . . . . . . . . . . . . . . . . . . . . . . . . . .Exhibit 14
Appellants Opening Brief for Human Trafficking and Torture . . . . . . . . . . . . . . Exhibit 15
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