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Dishonorable Judge Salvatore (Sam) F. Cozza + ISLN 908142444 Member Name: Sam F. Cozza WSBA Bar #: 11609 Employer: Spokane Co Superior Date: 5/12/1981
ISSUES A PERMANENT INJUNCTIONWITH OUT A TRIAL A court order that orders a party to do or refrain from doing a certain act (or acts) as opposed to a money judgment. For example: An injunction might be obtained to prevent a copyright infringer from reprinting copyrighted materials; in divorces there are frequently mutual restraining orders (a form of injunction) requiring both parties to leave another alone; A court order which restrains one of the parties to a suit in equity from doing or permitting others who are under his control to do an act which is unjust to the other party; If a party has threatened to remove marital property, or has threatened to kidnap, a court might prohibit the party from touching any marital property or removing the child from the county.
Emergency injunctions that are in effect only a short time are called temporary restraining orders. Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met.
Unemployment rate in Washington state has been steadily climbing, with unemployment over 10% in some counties. Fortunately, the Washington state Employment Security Department is on it's toes when it comes to helping residents figure out their unemployment claims. Read on to learn how to get unemployment
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1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 2 3 Re the Guardianship of: ) 4 STEPHANIE E. DOE, ) 5 An Incapacitated Person, ) NO. 98-4-01002-1_) 6 7 8 VERBATIM REPORT OF PROCEEDINGS 9 10 11 THE COURT: The Honorable Salvatore F. Cozza 12 DATE: 23 October 2008 13 REPORTER: Samantha A. Drummond, CSR, RPR 14 West 1116 Broadway, Department 6 + Spokane, WA 99260-0350 15 (509) 477-4413 17 18 FOR CHARLOTTE DOE: FOR RANDLES TOMPKINS: 19 Mr. Aaron M. Naccarato Mr. Randles P. Tompkins 20 Attorney at Law Pro Se 601 South Division Post Office Box 18010 21 Spokane, WA 99202 Spokane, WA 99228
PG # 2 1 VERBATIM REPORT OF PROCEEDINGS 2 3 MR. NACCARATO: Good afternoon, Your Honor. 4 THE COURT: Good afternoon. 5 MR. TOMPKINS: Good afternoon, Your Honor. 6 THE COURT: I will take this up here in just 7 a moment. 8 At this time, we will take up the matter of In Re 9 the Guardianship of Stephanie E. DOE, D-O-E. It 10 is case number 98-4-01002-1. 11 The matter comes before the Court under a couple 12 of issues. One, we have a motion for revision of a 13 decision made by court commissioner in this matter. The 14 decision was entered by the commissioner back on -- 15 well, the reconsideration most recently was denied on 16 September 30th, and the matter was set for today's 17 docket. We also have a motion for injunction requested 18 by Mr. Naccarato on behalf of the guardian in this case. 19 Responding today is Mr. Tompkins, pro se. 20 I will give each side ten minutes in total for 21 these matters. 22 Mr. Tompkins, it is your motion for revision, so 23 you get to go first. 24 MR. TOMPKINS: Okay, Your Honor. You have 25 the documents that I --
PG # 3 1 THE COURT: I got them all. 2 MR. TOMPKINS: The twenty-one pages that I 3 placed in front of you today are in the court files from 4 over a year to two years ago, so it is nothing new. I 5 put them together so that you could actually see these 6 documents for a year, some of them two years, so that 7 way you don't have to go through a thousand page file to 8 see all of this. 9 THE COURT: Okay. 10 MR. TOMPKINS: Actually, I have asked to 11 have a hearing based on the fact that the other side 12 here has perjured themselves -- 13 THE COURT: Restrict yourself as to why do 14 you think the commissioner's decision was in error. 15 MR. TOMPKINS: I was not granted an actual 16 hearing. The commissioner just signed a piece of paper. 17 There was actually no hearing to begin with. He just 18 said, You can't have a hearing. I requested a hearing 19 by law under the mandatory reporter act and the fact 20 that the mother has committed fraud with the Department 21 of Labor. She falsified claims regarding sexual assault 22 and tried to defraud the State of Washington out of 23 money. 24 This case has been in court for over three years. 25 So on the twenty-one pages here, I can actually show you
PG # 4 1 where the mother makes the statement. Then I got a 2 statement from the other side saying that that is not 3 true. 4 On page 14, on line number 2, she said, "Randles 5 has gone to the Spokane Association of Realtors trying 6 to cause damage to the guardian by making false 7 accusations. Note: The only time the guardian has 8 spoken to Randles was when he represented himself in 9 court..." On page 16, there is a letter from the 10 Association of Realtors that I have never been in that 11 office before and I did not do what she said I did, even 12 though she told the guardian program that I did. 13 On page 15, she filed a statement here with the 14 Department of Labor and Industries asking for crime 15 victims compensation, saying that her daughter was 16 assaulted on a certain date. But in the previous court 17 testimony, she said that Steve Lefler spent the entire 18 day with Stephanie on that day. So the Court actually 19 said that that was considered perjury and she falsified 20 a claim with the Department of Labor. 21 She also said I tried to obtain cell phone 22 records from the guardianship files. I was in a 23 criminal trial. The cell phone records were obtained, 24 which is copy -- page 17. That was obtained by my 25 prosecuting -- public defender obtained the records to
PG # 5 1 prove that the mother had lied, falsifying a police 2 report, stating that I called her on February 2nd, 2006. 3 I have included pages 18, 19, 20 and 21. You can 4 actually see the cell phone records of the calls that I 5 made. Even though the police report which you have, the 6 file, over a thousand pages, the guardian stating that I 7 had called her on February 2nd, I did not make any 8 calls. 9 During the criminal trial, Judge John Cooney 10 stated that all charges were going to be dropped for 11 false arrest for stalking because it appeared that all 12 files by Charlotte DOE and Attorney Naccarato in 13 the case were perjured and nothing was true. In the 14 first pages, 1, 2, 3 and 4, Attorney Naccarato actually 15 made a statement on page 6, he made a declaration here, 16 page 6 and page 7, and then I have addressed each one of 17 those issues. Page 7 says I am representing the 18 guardianship. Then I highlighted -- each page has a 19 corresponding number to what actually was said, which 20 is -- 21 I can give you an example. Number four on page 22 7, Mr. Tompkins' motions are baseless seeking removal of 23 the guardian, on number four. Then if we go to page 3, 24 then I address that issue there; she had actually 25 falsified documents to the Department of Labor to try to
PG # 6 1 commit fraud to the State. So it wasn't an actual basis 2 for a motion. 3 But, anyway, if you had the time, you could go 4 through each section. 5 The other one was, Mr. Tompkins -- number six on 6 page 7, "Mr. Tompkins has already complained to Adult 7 Protective Services regarding Ms. DOE's care of 8 Ms. S. DOE. APS conducted an investigation into Mr. 9 Tompkins' baseless accusations and concluded that Ms. 10 C. DOE was not abusing Ms. S. DOE." That is not a 11 true statement. Stephanie DOE herself asked me to 12 get help for her. By law, as a licensed nurse under the 13 State of Washington, I am required to report that she 14 told me she was being abused. On page -- I have my 15 current license inside here, Your Honor. It is on page 16 -- 17 THE COURT: Just to clarify, Mr. Tompkins, 18 it appears that you are not related or have any 19 relationship with this person other than -- 20 MR. TOMPKINS: A past relationship. 21 THE COURT: -- other than the fact that you 22 claim a past relationship. 23 I will ask you a simple question; what business 24 is this of yours? 25 MR. TOMPKINS: She has perjured herself in
PG # 7 1 court -- 2 THE COURT: No. What interest -- 3 MR. TOMPKINS: It is preventing me from 4 going back to work because of her false claims. She has 5 another false claim based on perjured testimony -- 6 THE COURT: As I understand it, you have 7 taken those to the higher courts, and those have all 8 been rejected in terms of your appeals, have they not? 9 MR. TOMPKINS: They are still in the higher 10 court, Your Honor. 11 THE COURT: But so far, no luck; true? 12 MR. TOMPKINS: I am in Supreme Court now. 13 THE COURT: And that is the last stop. 14 Right? 15 MR. TOMPKINS: It goes to Washington D.C. 16 after that is my understanding. I have not been allowed 17 to cross examine any witnesses or call any witnesses at 18 all on my behalf. There hasn't been any actual trial of 19 any person where we could actually cross examine 20 witnesses to go against this testimony. So even though 21 the Courts in Spokane are ruling against me, we are not 22 actually having a hearing where I can call witnesses to 23 prove that everything I said is true. I have got 24 documents right here to show you -- 25 THE COURT: I will give you a minute or two
PG # 8 1 to respond. Let me hear from Mr. Naccarato. 2 Mr. Naccarato, you can address your issue for 3 injunction at this time. 4 MR. NACCARATO: Thank you, Your Honor. 5 Well, Your Honor, quite frankly, I believe that 6 the documents that Mr. Tompkins has filed speak volumes. 7 He has no business being in this file. There is no 8 relationship. He has indicated that, as a concerned 9 citizen and as a registered nursing assistant, he is 10 required by law. This issue has been dealt with by I 11 believe six courts now, all unsuccessfully on Mr. 12 Tompkins' part. 13 Point blank, he needs to let it go, drop it. He 14 continues just clogging up the court files with all of 15 this just garbage. 16 If you look at the latest documents that he just 17 filed today, he has posted Stephanie's Social Security 18 all over the place, Social Security number. It is to 19 the point now, Your Honor, where the family is just 20 terrified of anything and everything that they are going 21 to do because he continues looking at everything that 22 they are doing. He is reportedly hovering on that file 23 almost on a daily basis just waiting for some nugget of 24 information that he believes is going to magically 25 appear that is going to be the a-ha moment and show what
PG # 9 1 he has been trying to say for three years and, quite 2 frankly, hasn't done anything. 3 I cited case law and statutory authority. The 4 Yurtis case I believe is quite telling that the Court 5 has the authority to determine a litigant is vexatious 6 and bar access to the court system. If he wants to 7 continue doing this, Charlotte DOE, as the 8 guardian for Ms.S. DOE, would request court permission 9 to do so, so we can stop wasting tax dollars that are 10 going into all of these ridiculous motions, all of these 11 ridiculous filings. It is baseless. He needs to let it 12 go. 13 With your permission, Your Honor, I would hand up 14 a portion of -- 15 THE COURT: I think most of that has been 16 attached to the file material. 17 MR. NACCARATO: Is this the web site 18 information? 19 THE COURT: I have seen enough there I think 20 to understand your point, counsel. 21 MR. NACCARATO: Thank you, Your Honor. 22 THE COURT: All right, Mr. Tompkins. 23 MR. TOMPKINS: I would like to make an 24 objection here first, Your Honor. 25 THE COURT: No. Just --
PG # 10 1 MR. TOMPKINS: This is a motion, Your Honor. 2 THE COURT: No more motions; your last two 3 minutes of response here. 4 MR. TOMPKINS: This motion is the fact that 5 I was not served for this injunction in a timely manner 6 and that he cannot have this here before the Court 7 today. He is supposed to be responding -- 8 THE COURT: I have allowed him to join the 9 matter for argument for convenience sake, since 10 everybody is here. 11 Go ahead. 12 MR. TOMPKINS: He served me by mail. By 13 law, I am entitled to three days of mail and five days 14 of court time. Today's date is not timely on this 15 matter. This is a motion to have timely service in this 16 matter. He can't talk about that particular -- I would 17 like to present it to the Court. 18 THE COURT: You can give it to the bailiff. 19 MR. TOMPKINS: The law states that I have 20 eight days. This is not day eight. He mailed it on the 21 16th. I didn't receive it until Tuesday. I have five 22 court days plus three days by mail. I got the court 23 rules here. I have got local Spokane Court Rules, 24 Spokane County Superior Court. It is LAR 0.7. Any 25 copies mailed will be served within at least five days
PG # 11 1 plus an additional three days will be added for service 2 by mail. 3 This service is not timely. He cannot actually 4 talk today about what he just said. 5 THE COURT: Thank you. 6 This is a very unusual case, probably one of the 7 most unusual ones that I have seen. 8 Looking at Commissioner Valente's letter of 9 September 6, 2008, I quote, in relevant portion here, 10 quote, It seems that you have been persistently 11 litigating various matters with the guardian for several 12 years. It also appears you are very unsuccessful. The 13 court has issued protective orders in favor of Ms. 14 S. DOE requiring that you have no contact with her. It 15 appears you have filed similar grievances with the Adult 16 Protective Services. Frankly, it does not seem that 17 your filings serve any purpose other than to harass and 18 intimidate the guardian. The court continues to monitor 19 the financial affairs of the guardianship, unquote. 20 MR. TOMPKINS: That is not a true statement, 21 Your Honor. 22 THE COURT: You are not to say one more 23 word. I am giving my decision now. 24 MR. TOMPKINS: Thank you, Your Honor. 25 THE COURT: All right. You know, I think,
PG # 12 1 at best, Mr. Tompkins can be characterized as an 2 intermeddler. At worst, I think you are obsessed with 3 this woman. You need to get a life. You need to leave 4 these people alone. Mind your own business. Leave them 5 alone. Your web site says it all; Spokanestalker.com. 6 That is what you are; you are a stalker. Leave these 7 people alone. 8 The commissioner's decision is upheld. The 9 injunction is granted. If you violate that injunction, 10 you are going to be a guest over at our hotel across the 11 way, and you'd better bring a toothbrush. You get me on 12 that? Leave them alone. Understood? That just calls 13 for a "yes" or 'no' answer. Do you understand what I am 14 saying? Do you understand what jail is? 15 MR. TOMPKINS: Yes, Your Honor, I do. 16 THE COURT: Leave them alone. 17 MR. TOMPKINS: I still have court cases in 18 court. 19 THE COURT: You can take them to the State 20 Supreme Court; you can take them to the U.S. Supreme 21 Court. As far as this Court is concerned, you are done. 22 Leave these people alone. 23 I will sign the order. I am telling you, if you 24 violate that, if you don't take this web site down, if 25 you keep bothering these people, you are going to be our
PG # 13 1 guest over there. 2 MR. TOMPKINS: What about my motion, Your 3 Honor, about -- 4 THE COURT: That is all. Decision is made. 5 I will sign your order. 6 MR. NACCARATO: Thank you, Your Honor. 7 (End of Verbatim Report of Proceedings.) 8
LAYMAN LAYMAN & ROBINSON PLLP By: AARON M. NACCARATO Attorney at Law 601 S. Division Street Spokane, Washington 99202 This Is A Dishonorable Law Firm Above + Lying In Court + Perjury Etc.
PERJURY When a person, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the U.S. authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or in any declaration, certificate, verification, or statement under penalty of perjury, willfully subscribes as true any material matter which he does not believe to be true; 18 USC
In order for a person to be found guilty of perjury the government must prove: the person testified under oath before [e.g., the grand jury]; at least one particular statement was false; and the person knew at the time the testimony was false.
The testimony of one witness is not enough to support a finding that the testimony was false. There must be additional evidence, either the testimony of another person or other evidence, which tends to support the testimony of falsity. The other evidence, standing alone, need not convince that the testimony was false, but all the evidence on the subject must do so.
PAGE # 1 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 2 3 Re the Guardianship of: ) 4 STEPHANIE E. DOE, ) 5 An Incapacitated Person. )NO. 98-4-01002-1 8 9 VERBATIM REPORT OF PROCEEDINGS 10 12 THE COURT: The Honorable Salvatore F. Cozza 13 DATE: 21 November 2008 14 REPORTER: Samantha A. Drummond, CSR, RPR West 1116 Broadway, Department 6 15 Spokane, WA 99260-0350 + (509) 477-4413 16 19 FOR THE PLAINTIFF: FOR THE DEFENDANT: 20 Mr. Aaron M. Naccarato Randles P. Tompkins Attorney at Law Pro Se 21 601 South Division Street Post Office Box 18010 Spokane, WA 99202 Spokane, WA 99228 22 23 24 25
PG # 2 1 VERBATIM REPORT OF PROCEEDINGS 2 3 THE COURT: We are here this morning in the 4 matter of the guardianship of Stephanie DOE. It is 5 case number 98-4-01002-1. Present are Mr. Naccarato, 6 who represents the estate. Also present is Mr. 7 Tompkins, who is the subject of certain injunctive 8 action. 9 It is my understanding that the guardian here, 10 through Mr. Naccarato, is asking to lift some of the 11 restrictions that were originally placed on Mr. 12 Tompkins. 13 Mr. Naccarato? 14 MR. NACCARATO: Thank you, Your Honor. 15 That is exactly correct. The original order that 16 was issued against Mr. Tompkins prohibited him from 17 posting all web sites is what the order said. It was 18 later discovered that Mr. Tompkins actually does have 19 some, and I hate to use the term "legitimate" web sites 20 but web sites that don't deal with Ms. S. DOE, Mrs. 21 C. DOE and myself. Therefore, Your Honor, we believe 22 that that does not adequately reflect the intent of the 23 Court, that he should be allowed to maintain those web 24 sites, which I believe deal with record sales or the 25 like.
PG # 3 1 So the proposed order that we have just 2 specifically mentions the Spokane Stalker web site and 3 the Valentine's Day web site. 4 Additionally, Your Honor, the amended order also 5 will allow Mr. Tompkins the opportunity to appeal the 6 injunction. 7 That is, essentially, the difference between the 8 proposed order and the order that was originally 9 entered. 10 THE COURT: So the restriction on filing is 11 lifted so he has the ability to file notice of appeal 12 and related paperwork? 13 MR. NACCARATO: Just the appeal. The appeal 14 is the only restriction that would be lifted without 15 approval of the Court. Any other filings or such would 16 still require approval by the Court. 17 THE COURT: Thank you. 18 Mr. Tompkins, they want to lift some of the 19 restrictions on you. Is that okay by you? 20 MR. TOMPKINS: I agree with part of that. 21 She had it up there by your desk. 22 I have a motion here that I would actually like 23 you to look at that I feel the injunction was not fair 24 and should not have been issued under the guidelines of 25 the court rules without me having witnesses and a chance
PG # 4 1 to defend myself, not timely service, and the fact that 2 no bond was posted, and there was no complaint or 3 summons filed by Naccarato in this matter for a civil 4 procedure. 5 THE COURT: Anything else on that? 6 MR. TOMPKINS: I just don't know what to 7 say, per se, but I just feel like my rights are 8 violated. I think you were doing the right thing 9 possibly, but I would like it to -- 10 Mr. Naccarato also came to Mr. Wall's office and 11 said that he was going to allow me to put the web site 12 back up and that he wanted a few things taken out of it. 13 He said that he thought you had overstepped your bounds 14 himself in Mr. Wall's office. Under the Constitution of 15 the United States, I do not know what your actual 16 authority is, but I do not know if you can actually shut 17 down web sites in the Philippines, Thailand, Canada, 18 because I was under the impression that this was a 19 guardianship action that you have the power to rule on. 20 I am not a guardianship; I am a third party. That was 21 my understanding. Maybe I am incorrect, but I am not 22 sure. 23 THE COURT: Anything else, Mr. Naccarato? 24 MR. NACCARATO: No, Your Honor. 25 THE COURT: One thing at a time here.
PG # 5 1 The original injunction, as it turns out, was 2 over broad. The narrowing of the restrictions as 3 requested by Mr. Naccarato is appropriate. He can deal 4 with whatever other business he wants on his web sites 5 that doesn't have to do with this guardianship or the 6 people involved in it. Certainly, he can file a notice 7 of appeal on that to be permissible, because he has a 8 right to do that. 9 Now, with regards to Mr. Tompkins' counter 10 motion, leaving aside some issues on notice and 11 procedure and things like that, I will deal with it 12 here, because I think it is appropriate to do that. It 13 was within the Court's authority to do that. It is 14 within the Court's injunctive and equity powers to do 15 that. 16 I felt that you need to leave these people alone, 17 butt out, basically, let them live their lives. It is 18 none of your business. That is about all there is to 19 it. I can't control what happens in the Philippines and 20 all that, but I can control you. That means don't put 21 anything on your web site dealing with the guardian, 22 with Ms. S. DOE, or the parties involved in it. 23 I will sign a proposed modification on the 24 injunction, and I will sign an order if you want to 25 prepare one to deny Mr. Tompkins' motions.
PG # 6 1 MR. NACCARATO: Thank you, Your Honor. 2 THE COURT: Could you send him a copy, Mr. 3 Naccarato? 4 MR. NACCARATO: I would. What I will do 5 right now is, after we get a signed copy, I will run to 6 the bar office and make him a copy of it and give it to 7 him. I know he has been mailed a copy of this prior. 8 THE COURT: I know, but if you would please 9 do that, that would be helpful. 10 MR. NACCARATO: I will most certainly do 11 that. 12 If I may approach, Your Honor? 13 THE COURT: Yes, sir. 14 I have signed the order. 15 I will ask Mr. Naccarato to prepare another order 16 just on a general order form, if you would, please. 17 MR. NACCARATO: Will do, Your Honor. 18 THE COURT: That concludes the matter. 19 If any counsel need me, I will be in chambers. 20 MR. NACCARATO: Thank you. 21 (End of Verbatim Report of Proceedings.)
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