IN THE SECOND JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
DV-12-234
Petitioner,
v.
DAVID DERRINGER
Respondent,
MOTION FOR THE COURT TO PRODUCE WRITTEN MEMORANDUM PRIOR TO THE HEARING OF JANUARY 8, 2013 EXPLICITLY DEFINING WHAT STANDARD OF PROOF IS TO BE USED IN THE ALLEGATIONS AGAINST DAVID DERRINGER OF THE ALLLEGED VIOLATIONS OF THE ORDER OF PROTECTION FILED BY BARRIE DERRINGER ON DECEMBER 11, 2012, AND TO MANDATES OF “BURDEN OF PROOF” STANDARDS THAT WILL BE UPHELD AGAINST BARRIE DERRIGNER, WITH WHAT OBJECTIVENESS WILL BE DEFINED FOR ANY PROVABLE PERJURY AND FRAUD UNDER NOTARY BY BARRIE DERRINGER IN THAT FILING OF DECEMBER 11, 2012
COMES NOW, the Respondent David Derringer with motion as stated above.
On February 21, 2012, this court violated Oath, Canon, the Code of Judicial Conduct, the 14th Amendment Section 3 without either jurisdiction or judicial capacity to deny David Derringer’s 2nd Amendment Constitutional rights, rights of “personal property” and a “property right as a profession” with no legal cause and with no standard of proof whatsoever, and wherein the only testimony to validate the Order of Protection of “physical abuse” was by Barrie Derringer, who impeached herself under Oath stating that “David would never hurt me physically”. Particularly with respect to the past outrageous acts of this court in violations and manifest errors of law; the Respondent David Derringer has a definable “right” and the court has a duty to provide in writing what standard of proof is to be used in the hearing of January 8, 2013 of the fraudulent allegations brought in perjury by Barrie Derringer on December 11, 2012, and what the court will do as its duty legally against Barrie Derringer if evidence is sustained that Barrie Derringer brought the allegations of violations of the Order of Protection in provable criminal perjury, fraud, falsification of the court record and malicious prosecution. Richter v. Neilson, 11 Cal. App.2d 503, 54 P.2d 54 Cal.
BRIEF HISTORY
On February 21, 2012 Barrie Derringer was proven to have “lied” in the Petition by first stating that David Derringer had hurt her physically under notary oath, and then admitting under testimony oath that David would never do that. Instead of dismissing the “Petition” according to law, the Commissioner set about to rule for Barrie Derringer without any credible presentation or evidence whatsoever to either sustain an Order of Protection or any real or logical reasoning Barrie
DAVID DERRINGER IS INNOCENT OF ALL ALLEGATIONS BROUGHT AGAINST HIM IN BOTH THE “PETITION FOR ORDER OF PROTECTION” OF FEBRUARY 6, 2012 OF HEARING FEBRUARY 21, 2012, AND IN THE LATEST PERJURY OF THE ALLEGED VIOLATIONS OF THE ORDER OF PROTECTION BROUGHT ON DECEMBER 11, 2012
In any and all matters/counts of the latest allegations of December 11, 2012, Barrie Derringer and her unethical attorney (Defendant to David Derringer in CV-12-10816) Alain Jackson are acting in fraud, deprivation of rights, retaliation, retribution, and revenge of David Derringer v. Barrie Crowe et al. CV-12-10816, to misuse the Domestic Violence courts as a weapon against David, and to attempt to use the DV courts as a blanket in an attempt to stop legal actions against Barrie for her torts against David. They simply want their own Commissioner to stop David’s legal use of the Internet and to persecute David for “violations” that did not occur in the illegal order of protection.
The plan of action of Barrie is to again lie in perjury and fraud to portray Barrie as the poor-hurt puppy victim and to use malicious prosecution to gain deprivation of 1st Amendment rights wherein David has exposed the fraud, corruption and egregious acts by Barrie and the courts on the Internet by placing “public court records” for the world to see; none of which is a violation of the Order of Protection of DV-12-234. Barrie and Alain Jackson went in fraud to the existing Order of Protection DV-12-234 that illegally denied David’s “right to bear arms” and in direct violation of US Supreme Court No. 10-1521 ruling that as a citizen David has both a “property right” to own, possess and legally “firearms” and is acting both in retribution of the David filing against Barrie of CV-12-10816 tort suit, and to use the public frenzy outcry at this time to “ride the wave” against firearms to attempt to keep David from making his living at any time in the future by his legal profession as New Mexico Game and Fish Professional Outfitter/Hunter #32, in order to forever stop David’s income and leave David forever homeless and destitute. All through the divorce action of DM-12-610, David (registered “Republican”) has placed on the world wide web Internet legal and filed “public record” pleadings to oppose the re-election of Judge Alisa Hadfield and continued “public official” Commissioner Cosgrove/Aguilar, and to expose to the world the egregious violations of Constitution and retaliation that women do to men in the corrupt scheme of the family courts, not only in New Mexico, but nationwide, and some of David’s pleadings had been used by opponent attorney David Standridge on the web site in political opposition to Judge Hadfield.
David has a fundamental Constitutional right under the 1st Amendment to voice his opinion in freedom of speech on the Internet in blogs, and to allow the whole world to view “public records” of court actions that are notably “distasteful” to Barrie, as they expose additionally the a woman betrayed without any cause the one person in her life that loved and stood by her, and now seeks to destroy that husband in any way possible for no just cause, even after David stood by her as “husband” after being infected without warning by Barrie of her incurable venereal disease (HSV-2) “Herpes”, and married her anyway with a life long commitment out of pure love, now being totally betrayed of the trust reposed in Barrie. “Public Record” means that the entire world can view documents, and with David Derringer placing these on the Internet simply means that European persons and others don’t have to go to Albuquerque, New Mexico to the Second Judicial District Court to view these documents, but can with only a mouse click away. This action is “freedom of speech” as defined by the 1st Amendment.
David was forced by an illegal ‘order of protection’ on February 21, 2012 to give up possession and use of firearms for a period of two years, totally violating David’s 2nd Amendment rights with no standard of proof under US Code Title 18 Section 922 or any standard of evidence, and that matter is in the appeal process, as well as formulating a federal Civil Rights suit over same. Now that this court has been “re-opened” by Barrie
It is proven that Barrie herself is on bi-polar medications of anti-depressants, anti-anxiety, sedatives and tranquilizers and has five different narcotic medicines of “codeine” available to her of Vicodin, Percocet, oxycodeine, hydrocodeine and acetaminophen with codeine; all of which she can abuse or overdose at any time due to her extreme depression and being suicidal which she has admitted to under Oath on the witness stand of DM-12-610 on August 23, 2012 of court record, and wherein David has no mental illness, and filing suits or defending against outrageous acts of torts and deprivation of Constitutional rights does not classify David as “mentally unstable”. Barrie is acting “out of control” with bad advice from her parents, Alain Jackson, and her bosses of Maestas and Ward where she works as accountant, and attempts to use the domestic violence court to “protect” all of these and other persons from suit, even attempting to protect Judge Hadfield from exposure on the Internet, and wherein Debbie and Irwin Harms bosses are already Defendants to David in CV-12-1307, and Alain Jackson and Barrie’s parents are already Defendants to David in CV-12-10816as is Barrie herself.
It is both emotionally distressing and sad that Barrie has gone to criminal extremes in persecuting and maligning David, who at all times seeks to “defend” himself and his Constitutional rights against the onslaught of a woman that he in fact loves; in which none of this should be happening, leaving David forced into court and forced to litigate against Barrie simply to protect himself, and his rights, immunities and privileges against a woman that should not be attacking her own husband, and moreover should not be attacking any US citizen to attempt to bar and deprive Constitutional rights. The Derringers had a very good marriage, and David was always a very good husband to Barrie with no abuse to Barrie
Barrie and attorney Alain Jackson have filed a bogus, fraudulent and malicious allegations of violations of the Order of Protection of DV-12-234 in order to ride the wave of current outrage against firearms to falsely accuse David of having guns that were already dispossessed at the first Order of Protection on February 21, 2012, and which Barrie is simply lying and conducting fraud in this accusation to see what “sticks”. David has never violated the Order of Protection at any time in any manner, since February 21, 2012 even though the Order is “illegal” under Constitutional rights and never had due process, equal protection or any standard of proof initially, and David has properly used the court appeal process to attempt to attain justice over this matter. Since before Barrie left David is the only time David has any contact with Barrie’s parents, family, and to David’s knowledge Barrie has no friends, save associates at where she works at Maestas and Ward. Before any divorce filing or Petition for Order of Protection, David dressed up in his wedding suit and took red roses and a wedding anniversary card, in the middle of January, 2012 to attempt to talk to his own wife and invite her to lunch for their January wedding anniversary, after Barrie had left David on December 27, 2011, and was forced by boss Debbie Harms to leave the Maestas and Ward premises and could not even talk to his own wife, with Debbie Harms claiming that she would call APD for criminal trespass if David did not leave. On February 4, 2012 Debbie and Irwin Harms, bosses of Barrie and 10 “others” with Barrie, did criminal acts of assault and battery against David at the Derringer storage unit at 101 Florida SE Unit C while Barrie had them and 10 other “friends” attempting to steal all of the Derringer moveable property, and David legally and properly filed civil suit CV-12-1307 against the perpetrators, wherein at all times appurtenant to the matter, both Barrie and the two named Defendants “Harms” attempt to violate discovery and try to protect and refuse to disclose the identities of the other 10 persons that attacked David so as to keep David from both criminal and civil litigation prosecution against them, and now in malicious prosecution Barrie attempts to mis-use DV-12-234 for furthering that end. At no time since February 4, 2012 has David had any contact with any persons connected in any way with Barrie, Barrie’s family, parents, friends, employers or others connected in any way with Barrie, in total compliance with the DV-12-234 Order of Protection, except seeing Barrie Derringer in a court of law in DM-12-610 and DV-12-234 on February21, April 10, July 3 and August 23, 2012. Barrie and Alain Jackson are maliciously using DV-12-234 allegations to persecute by “criminal fraud”, and here lies in the want of probable cause by Barrie
Commissioner Cosgrove/Aguilar is aware and should dismiss this Barrie abuse of process which is a perversion of court processes that she is using to accomplish some end which the process was never intended to accomplish, and she attempts to compel the party David against whom it has been used to do some collateral thing of dismissing his legal suits, which he could not legally and regularly be compelled to do, keep from exercising David’s rights to freedom of speech under the 1st Amendment putting “public record” on the Internet that exposes Barrie’s devious actions and venereal disease, and to keep the party David against whom it has been used to stop doing some the collateral thing of exposing the egregious acts of Barrie and the courts on the Internet in which he has rights to do, and in which “for the protection of the public”, is in the best interests of the public. The Commissioner is dutifully bound to “Order” criminal investigation and prosecution against Barrie
Barrie Derringer has made spurious allegations and accusations against David Derringer, which are provably false under existing laws; ie. The 1st Amendment enables David Derringer to place public records on the Internet and indeed his own “opinions”. There are no medical records to sustain that David Derringer is mentally unstable, and proper use of the courts even again Barrie Derringer (Crowe) is no indication of mental instability. David Derringer does not have any possession of firearms and spurious allegations of same are not provable by simply any claim of fear of Barrie Derringer’s own mental insecurities. David Derringer, in the United States of America is presumed innocent of all charges and allegations until proven guilty of any by “sustained by evidence” violations under US Code Title 18 Section 922, and David cannot be sustained to have violated any Order of Protection without “reasonable suspicion” of firearms violations; without reason to believe firearms violations; without probable cause for arrest and without any arrest, indictment, conviction or trial regarding any firearms violations or domestic violence, without any credible evidence whatsoever, and impeachment of Barrie Derringer’s own testimony wherein she states that she is afraid of physical harm from David Derringer and still under oath turns right around and states that “David would never hurt me physically, he loves me” shows already past no legal credibility of the witness Barrie Derringer; Barrie Derringer is proven many times to have “lied under oath” in both DV-12-234 and DM-12-610. The allegations of December 11, 2012 will not hold without any substantial evidence, without any preponderance of the evidence, without any clear and convincing evidence, and certainly without any evidence that is beyond a reasonable doubt.
David Derringer is innocent of all allegations ever made against him in DV-12-234 and this raises an issue of fact, placing Barrie Derringer, Petitioner, under extreme burden to prove any case against David Derringer for any alleged violations. Dugger v. Young, 25 N.M. 671, 187 P.552 (1920) “A denial of facts in the complaint..raises an issue of fact, and the burden is upon the plaintiff to prove his case.”
REQUEST FOR RELIEF
David Derringer, Respondent, request of this court to produce written memorandum prior to the January 8, 2013 hearing scheduled, as to how the hearing of January 8, 2013 will be held according to the laws of evidence, standards of proof and what this court will do legally against Barrie Derringer (Crowe) if evidence sustains that Barrie brought this action under perjury, fraud, falsification of the court record and in direct “revenge”, “retaliation”, “retribution” and “malicious prosecution” due to David Derringer v. Barrie et al CV -12-10816, that was filed on November 26, 2012, before the alleged violations of the Order of Protection was filed on December 11, 2012.
The Order of Protection was not brought against David Derringer originally by any standard of proof and is in complete Constitutional violations and violations against the “Supremacy Clause” and must be entirely dissolved and dismissed as a matter of Constitutional law, with attending damages to be awarded against Barrie Derringer and her attorney Alain Jackson for deprivation of Constitutional rights.
Respectfully submitted by ____________________________________________
Respondent David Derringer, Box 7431 , Albuquerque , New Mexico 87194
CERTIFICATE OF SERVICE
I hereby certify that I hand delivered a copy of this pleading to the domestic violence courts of the Second Judicial District Court on 400 Lomas NW, Albuquerque, New Mexico on December 31, 12012.
I also hereby certify that I sent a copy of this pleading by first class mail to:
Alain Jackson, 423, 6th Street NW , Albuquerque , New Mexico 87102
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