Wednesday, April 18, 2012

Access To The Courts Have Been Denied

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

Thursday, October 08, 2009

The Murders In Klamath Falls, Oregon

EVERY month I am being maliciously prosecuted in Klamath Falls, Oregon. This is a result of the arbitrary arrests from Napa, California. This is like the movie Changelling where the police were so busy trying to commit a mother to a mental institution they failed to prevent or thwart the Chicken Coop murders of countless boys. Eerily similar, we have had 4 murders in 8 weeks in Klamath Falls, Oregon.

On September 2, 2009 more than 7 Klamath County Sheriffs, code enforcement, and dog control were congregated at my barn. Then, 7 Klamath County Sheriffs, code enforcement, and dog control immediately thereafter congregated at my home ready to arrest me for “reckless endangerment” as a result of a superficial dog bite a man sustained.


Klamath County Sheriff's Office and Court Judges Roxanne Osborn and Richard Rambo were unable to control their deputized punks and hooligans from menacing the living daylights out of me so I was unable to control my animal.


Around the same time victim Michael Doherty sustained severely lacerated fingers from a Pit Bull owned by Michael and Lisa Lunt. Their dog was neither confiscated nor the owners arrested for “reckless endangerment.” And, as far as I know, they did not have to pay physician costs. Instead, the police blamed it on Doherty’s dog that is a friendly border collie.


On September 3, 2009, a man was murdered down the street from me. The Klamath Falls Sheriff’s Department is bent on mentally institutionalizing me. They are being deliberately negligent in solving or thwarting more crimes of a higher magnitude. While countless trailers are “illegal camping,” I have been the one who has been maliciously prosecuted while under constant surveillance.


To date, regardless, of the severe human rights violations now pending and under preliminary examination at the International Court level, the city and county of Klamath Falls, Oregon, continues to use their deputized community to paralyze me with fear and terror.

http://judiciary.zoomshare.com/files/International_Petition.pdf

Newspaper Article: http://heraldandnews.com/articles/2009/09/07/top_story/doc4aa35400f1247788698803.txt This does not include the rape that occurred with a few miles of my home


Another body found http://heraldandnews.com/articles/2009/09/18/breaking/doc4ab3ca4e155d0785825221.txt

Still another

http://heraldandnews.com/articles/2009/11/03/breaking/doc4aefb8264ae99483888686.txt


Please, do not review my home website at www.kinispolarbear.bravehost.com where evidence of torture was uploaded, pain and suffering damages logged. An unknown intrusive force has deactivated my links so that the U.S. Government can subject me with their continued pattern of unrelenting malicious prosecutions, retaliation, and torture.

Wednesday, December 10, 2008

My Alan Story

The Story That Could Land Me In A Mental Institution
The Alan Story-By Kini

Sometime during 2001, I had a friend, T.C. We went to college together and she introduced me to the wild horse sanctuary in Susanville, CA. T.C. listened to my plight and advised me to go to the Geneva Convention in Switzerland. I told T.C. that I did not feel that I had reached the top of the chain of command according to the requirements of the justice system.

Many months prior to T.C.’s advice, I heard that soft still voice at night in the fiber of my soul pestering me to seek out Alan. “Call Alan. Don’t your remember Alan?” said the voice. I often thought about my cousin, Alan, and when I lived at my grandmother’s home in Alan’s old bedroom. I remember looking into the closet and admiring his wonderful military uniforms. Many weeks went by that I ignored this “voice”. But, the voice kept on, “Call Alan. Don’t your remember Alan?” said the voice. I thought back, “Yes, L-rd, the last time I saw him was at his wedding when he married Debbie. I remember, L-rd, he played a bit part in a movie called ‘Tunnel Vision’”. “Call him!” demanded the voice in my heart.

Part of my parole conditions was that I not use the internet. Finally, after parole, one day, me and T.C. were in the computer lab and I did a Google search for Alan. I thought, what could he be doing? He was probably a small time lawyer in some town. When his profile came up, he was not only a small time lawyer but he had a lengthy judicial history and he was stationed in Geneva, Switzerland, when he was a young man.

My jaw dropped and I started to scream, “TC!” “TC!” come over to the screen and check this out. Since I was out dated with computer work, T.C. helped me set up an email address but I was unable to send out my legal work. So, I snail mailed the best I could muster. But, I never heard from him.



Monday, October 27, 2008

CIVIL SUBPOENA (DUCES TECUM)


Prison Prep 101

And, you know in the CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE part?

What shall I put for the GOOD CAUSE part?

Good cause exists for the appearance of the witness for the following reasons:

1. To prove how law enforcement uses the lowest forms of society to keep a woman incompetent so that she will never see her children again.

2. To prove how the U.S. Government and their reps coddle grown men by enabling them to use women for unjust servitude.

3. To prove law enforcement incite and instigate violence against women because she may be a complaining witness.

4. To prove that the lives of women are undermined and purported to be less significant than men.

5. To prove law enforcement incite and instigate disorderly conduct.

Thursday, May 01, 2008

Delusions





The Latest Delusion

In a new case of connect the dots, my abusive neighbor, who a few days ago, finally had a drunk driving vehicle accident, went for a walk while I boarded my horse to go to the south suburban county library. There I encountered shattered windows of the little place I call home.

I went in and like a thousand others had to ask what had happened. After being cued into the story by a girl that “looked like the love of my life,” I checked out with my borrowed DVD's and went next door to get a second opinion. Surely enough, the stories matched.

Evidently, a man had gotten drunk and smashed the windows with a rock. He then
went in, took the petty cash, and left. He was busted when he felt guilty and took the petty cash back.

Yahoo! Search Marketing

The problem with that story, because it is Government, is that out of all the windows in the mall type-setting, why did he pick the little humble, obscure, library. I know that area pretty well because I ride my horses on the side of the bike path. There are no rocks in the parking lot. And, they would have to be pretty big and heavy to do the damage that was done. There had to be a premeditated plan.

The same day, I found out that at 9:12 am, there was a four-car pileup in an intersection a few blocks of where I live. A woman was driving between 35 and 40 mph when she failed to brake, crashing into other cars stopped in a turn lane at the stoplight. Her SUV landed on its driver's side. The woman was extricated through the windshield of her vehicle, and the Jaws of Life was used to open the door of a
“Saturn.”
The Apology

Sometimes when I feel a wrong(s) has been committed against me, I become desperate and look for deep meaningful reflections of contrition because I cannot obtain it in any other sort of reality. What do the dates mean? What do the numbers mean? And, what is symbolic of the glass shattering? So, I want to thank the people who know me well or who should know me well; the police, the judges, the media, the public defenders and other lawyers, the activists, and all public agencies that know me and my case well.

Thank you all for really going out of your way to spend money, the sacrifice of your property, and the risk of peoples lives to stage these events. You have definitely expressed your remorse to me. Now, can I have my paychecks?




Wednesday, January 02, 2008

The Fat Lady Laughed Last - Part One

Land o' the Nephilim

At one of my most desperate times while on the run as a female "sex offender", I clung on to several churches in Susanville, California. The Church of the Nazarene, a Baptist Church, and the Calvary Chapel. The Calvary Chapel was the most convenient for me because it was on the same block. In addition, they had a decent faith for Jews who were Messianic, like myself. I could relate to alot of what they discussed.

Unfortunately, by having enquiring minds, they came to the conclusion that I had "deviant sexual tendencies". Besides that, it never took long for the cops to locate me. Once they did, it was only a short time before they would bad mouth me right out of town or a job.

When I lost my driver's license, I was subjected to walk all over the town. One young punk was a member of the church. He also worked at Kragen's Auto. He would ride around in his jeep with his blond girlfriend and they would snicker and laugh.

I knew that he was going to dump her because she was "for sex" material. Although she was kind of good looking, she had a pug nose. She would laugh with the young punk: You know how they try to impress their boyfriends? But, I just knew he was using her and would someday dump her.

Sure enough, a newspaper article came out a couple years later. The young punk (I also had reason to suspect him of slashing my tires), was going to marry someone else, the church secretary.

Today, as I have to walk around town, there are the punks who I see laughing while they drive by with their girlfriends. If you have a discerning spirit, you can always tell the girls who are oblivious to their surroundings or what the punks in this town know.

I want to tell the women that when the men dump you or file for divorce, take your children, take your home, leave you penniless, (despite community property laws) and leave you feeling like an used up empty shell, we will have the last laugh.

So, in case your ego or other conflicting feelings get in the way, I don't do straight women, sloppy seconds, thirds, forths, and sluts. And, if you are the kind of aware woman who thinks this whole thing is discusting, I think you are discusting too! The stench of your body, your ignorance, and every other smelly thing about you. The older you get, the frumpier you'll smell. The more evil you are, the more your husband or boyfriend will find someone to have an affair with.

I detest your presence. You don't teach me a thing, only hatred. We can be picky people and the straight people should learn from animals and gay people of the community how to conduct civilized, committed, relationships.

By the way, I found out later from the newspaper that the young punk turned out to be the son of my parole officer, Marvin Clark; Grant Clark.