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Perjury decriminalization
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TOPIC: Perjury decriminalization
#20
Perjury decriminalization 8 Years, 3 Months ago Karma: 0
The legal system here is hopelessly dysfunctional, and one of the reasons is that perjury has been decriminalized. Here is a case in point. In 2006, on Maui, I was hired to renovate a cottage. When I was finished the woman who hired me refused to pay me. It had been a scam from the beginning.

In protest I picketed on a public sidewalk, perfectly legally. To stop me she made up a slew of utterly fantastic lies and took them to a family court judge for a TRO, claiming "domestic abuse". This was never a domestic matter, but a labor dispute and a fraud. But this scam artist knows that it is easier to railroad a man through family court than district court, and she knows that perjury is never prosecuted on Maui. It turns out, she had run scams like this before.

The law states that restraining orders cannot be used to violate First Amendment rights, and anyway I was not within 100 yards of her residence, so I continued to demonstrate. She called the police and gave them a phony address that put me within the 100 yards. The police refused to listen to me or check the address she gave them with the one on the TRO and arrested me for violation of the TRO.

I spent 30 days in MCCC because of her false reporting, her perjury, and police incompetence. When my attorney finally showed the prosecuting attorney the discrepancy in the addresses, the charge was dropped and I was released.

When I took my complaint about the woman's perjury (which the law says is a felony)to the police they told me that it is their policy not to investigate complaints of perjury. I filed a lawsuit in US District Court against the police and the County for unlawful arrest and for maintaining the unconstitutional policy of perjury decriminalization, which denies due process to all who come to court for any reason.

Apparently there is not a single attorney in the state who considers perjury decriminalization a problem because I could not find legal help for the case. I had to represent myself. Not surprisingly, I lost.

Several years earlier I had been victimized by a similar scam and at that time I also tried mightily to press charges of perjury. The police were adamant that they do not investigate complaints of perjury. The prosecutors said that all complaints must go through the police, never directly from the public to the prosecutor. Other people told me similar stories of complaining about perjury and getting nowhere.

If the police refuse to investigate complaints about a certain crime and refer them for prosecution, that crime is effectively decriminalized. In other words, the police can, without any public hearing or legislative process, veto laws enacted by the legislature.

This would not be a big issue if we were discussing jaywalking, but the law against perjury is fundamental to our system of justice. Suppose the police decided not to investigate complaints of other felonies, such as rape and robbery. There would be an uproar. But perjury decriminalization is even worse than those would be because it affects every case that goes to court. Yet no one seems to care.

Now here is the supreme irony. Look this up if you have trouble believing me. It is case
CV 08-00204 DAE BMK. From the beginning the County denied that there was a perjury decrim policy in place. In spite of the facts that no case of perjury had ever been prosecuted and the police to this day refuse to investigate or even log such complaints, Maui Police Chief Thomas Phillips submitted a Declaration to US District Court denying there was a perjury decrim policy.

Yet he still refused to order an investigation of my complaint of perjury in the very case that had led to his being sued. This is spit-in-your-face justice. His perjured declaration was considered "evidence" and my complaint was dismissed. So it appears that even perjury about perjury has been decriminalized -- now on the federal level! Lying under oath is all-pervasive in our courts and it is condoned by the courts. Anyone who is not guilty of contempt of court is not paying attention.

I had also alleged negligence and incompetence on the part of the police for not investigating before arresting me. They did nothing to confirm that the woman lived at the address that she suddenly claimed and that differed from the address on the TRO. They refused to investigate my allegations that she had run a vicious scam on me and lied to them about everything. The court ruled against me, saying the police have no obligation to investigate. They are not even obligated to carefully read the TROs that form the basis of arrest.

I had been successfully scammed out of nine full days of hard labor, then jailed for 30 days for legally protesting the scam, then denied a proper investigation of the crimes committed against me. The culprit got to keep the money she owed me, and was never called to account for her theft by fraud, false reporting to the police, and massive perjury in her TRO petition. This is how justice works on Maui.

People can steal your labor and not be held accountable. They can have you jailed on the basis of lies and never be held accountable. Police can screw up your life with their stupidity and incompetence and never be held accountable. A police chief can submit a blatantly false declaration, sworn to under penalty of perjury, and not be held accountable. Plumbers, roofers, doctors, accountants -- they can all be held accountable for negligence, incompetence and dishonesty, but not cops.

All my complaints about this madness have fallen on deaf ears. The legislators apparently don't care whether the laws they pass are enforced and whether the entire justice system is corrupted by perjury decrim. The lawyers don't care whether the very air they breathe is poisoned by perjury decrim. But people better start caring because eventually the poison will destroy what little is left of respect for the law.

People in Hawaii are rightly concerned about domestic abuse. It is a very serious problem. But now there is a tendency to assume that all men accused are guilty and to cut corners on basic rights. This allows female career criminals to take advantage of the system by ripping off men, then crying "domestic abuse" even when the case is not even remotely "domestic" in nature. By refusing to weed out the phony cases from the real cases of domestic abuse, the system both aids and abets the criminals and diverts resources from dealing with the real problem.
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