This report is about case Z551059 in the San Diego Superior Court. Even though I was not in a fare zone, I was issued a citation for not having a trolley ticket and although I should have been afforded three levels of protection by the city of San Diego (MTS officer, State officer, and court), I find myself convicted of a crime I did not commit. This concerns me because before I met Jay, the worst thing on my record was a speeding ticket. I've now been branded a thief and considering that he's well aware of the fact that I wasn't in a fare zone and is refusing to overturn the case, makes him (in my opinion), a dark soul who's courtroom you'd hope to never find yourself in.
In April, 2016, I was at the 12th & Imperial transit center petitioning the California state petitions directly between the clock tower and Imperial Ave. I was approached by MTS officer Austin Marshall and told in no uncertain terms that I was not allowed to petition there. Considering that it's a private property with two or more businesses, and the fact that I was in it's main thoroughfare, I believed myself to be well within my rights and continued about my business. It was then that Mr. Marshall decided to deprive me of my liberty by placing me "under arrest" while we waited for the state officer to come and issue a citation for my illegal petitioning. I would like to point out that I attempted to leave no less than three times during this ordeal but was blocked by Mr. Marshall each time.
Upon the arrival of the state officer, there seemed to be some confusion as to whether or not a petitioning citation could be issued. He contacted his superiors by phone and I was then forced to answer a very thorough series of questions before it was decided by the powers that be that no petitioning citation would be issued.
If they had apologized for their actions and gone about their business, I would not be writing you today. What actually happened was an injustice I will never forget because instead of realizing that I was well within my rights to be there, Mr. Marshall instructed the officer to issue a citation for not having a valid fare even though I was not in a fare zone. He is well aware of where the fare zones are and only issued that particular citation because he couldn't charge me for petitioning.
Knowing that I was wronged, I went to court to fight this nonsense and what Mr. Marshall did on the day is something that just boggles the mind. The area we were in is not and has never been a fare zone. Mr. Marshall presented the judge with a close up picture of one of their fair signs and claimed that it was clearly visible. Seeing as there are no fare signs posted in the area, he could only have taken his photograph elsewhere on the property and presented the court with false evidence while lying under oath by claiming I was in a fare zone all for the purpose of duping a San Diegan judge into convicting me of an infraction I did not commit. Knowingly giving a false statement while testifying in a criminal or civil court proceeding is perjury according to California law.
All claims in this letter are proven in the San Diego Superior Court record case Z551059 and video footage of the area available at https://youtu.be/sEtIUMoHR1M (please be sure to contact MTS and verify that there have never been fare signs there).
The series of wrongful actions which brought me to court and that question Mr. Marshall's character.
It is my contention that this incident was never a matter of law but a matter of Mr. Marshall's personal authority. When I Informed him of my right to petition in the main thoroughfare of a private building, he was none too pleased and immediately used his badge and his gun to restrict my movement and block my path when I tried to leave. During this ordeal, he also attempted to intimidate me with his stares and his snide smiles as if to let me know he was well and truly in charge. I can assure you that it was not a pleasant encounter with a decent human being. When the order came down not to issue a citation for petitioning, Mr. Marshall did not accept that I had a right to be there and although I was good enough to point out the lack of any fare signs in the area, he decided to abuse the power given to him by his job in order to file a false charge and entangle me with a court appearance. That was not an action of a good person.
What happened in court was not a isolated incident and considering my experience, I would go as far as to say that it's par for the course when dealing with Mr. Marshall. From start to finish, this nightmare could only be described as horrific and the fact that I was incorrectly convicted based on the lies of someone who is considered to be in some strange way a figure of authority makes it all the more worse.
I would also like to point out that Mr. Marshall's perjury was the very worst kind. For example, he didn't lie during a deposition about how much money he has under his mattress with a motive of personal gain. Austin perjured himself in a court of law for the sole purpose of convicting me of an crime I did not commit. I think we can all agree that's some seriously evil shit.
The peculiar events at court that question Judge Bloom's competence.
If you check the court record, you will find that I claimed the area is unsigned and presented the court with a wide angle photograph showing there were in fact no signs. It was then that Mr. Marshall disagreed and presented 'evidence' to the contrary ( a close up photo of one of their fair signs and I would point out it had to be a close up because if wasn't, the court would have clearly seen that it was not taken at the location). How could a seasoned judge not notice that Mr. Marshall's photograph had no background and was not evidence of a fare sign in the area in question?
What makes matters even worse is that I attempted to explain to his Honor that it couldn't have been a fare zone by making the very good point that no one coming in from Imperial Ave. needs a train ticket to go to any of the businesses on the property. It was then that he essentially silenced me by saying he was familiar with the area (all in the court record), shooting me the exact smile I mentioned above before lending his ear the the lies of the private security guard. Although I believe my defense was not inadequate, the judge seemed to ignore my evidence.
Fortunately, every cloud has a silver lining and with that in mind, I would like to thank his Honor for waiving the fine but in the same breath remind him that not having to pay a fine for a crime I did not commit is no consolation for being found guilty of it.
Actions I have taken since my injustice.
*left two messages on Judge Bloom's voicemail at SD-33 and have yet to *hear form him.
*Officially notified the court of its mistake by requesting the case be overturned. They wrote back after a month and informed me that because I didn't notify MTS of my intent, they wouldn't be looking into it.
Thought I reported Mr. Marshall's felony to both the San Diego Police Department and the district attorney. I have since contacted the SDPD and was told that it was not their jurisdiction and I would have to contact the Sheriff. I contacted the Sheriff's office and was told that because it happened in court, I couldn't file a report with them and would have to do so with the court itself. I then contacted the court and was told that they don't take crime reports. It would appear that there is no way for me to report Austin's felony in San Diego County. What is going on?
Judge Bloom ruined my life by forcing me to remove leins that secured the eventual verdict and award. I begged Bloom to allow me to keep my leins in place because the defendent was a total scammer. Of course the defendent did liquidate the assets and fled the country. Bloom's eventual award of $250K was worthless just as is Bloom's sense of fairness.