San Bernardino District Attorney Commits Intentional Fraud & Obstruction of Justice

On January 25, 2010, Deputy District Attorney Jonathan Robbins was ordered to release discovery he had within its possession for four months and with which the District Attorney relied to form the basis of Count 5 of Criminal Misdemeanor Complaint No. MSB906348, (i.e., California Penal Code section 166(a)(4)), "Disobeying a Court Order" which according to court records I committed on October 8, 2009.

The "Court Order" I allegedly disobeyed was a temporary restraining order brought by Keith and Patty White, issued by Judge Gilbert Ochoa on October 6, 2009, and served on me by Sergeant Jeremy King on October 9, 2009 when I was in jail and had been since October 8, 2009, on charges in connection with this same case.

However, Count 5 of MSB906348 states that I disobeyed a court order on October 8, 2009 which is logistically impossible as one cannot violate a court order that hasn't been served on them yet, and particularly if they are in jail.

When the District Attorney (namely, Laura Robles) realized I had caught on to this intentional fraud and obstruction of justice, she altered the violation date for Count 5 on the written Criminal Complaint to October 17, 2009 to coincide with the beginning of the White's complaints against me to ensure a permanent order.

However, it was too late to make this change on the court record / docket, without calling attention to the fraud. The violation date on the court record / docket has always been and is to this day, October 8, 2009.

Then the District Attorney did something really remarkable. To deflect my attention away from the fraudulently altered violation date on Count 5, they also altered the violation dates for Counts 2, 3, and 4 to October 17, 2009 on the written Complaint, hoping I wouldn't notice. Count 2 was "resisting arrest" and Counts 3 and 4 were "battery on a peace officer." (More on that later.)

If, in fact, I was incarcerated on October 8-9, 2009 for allegedly resisting arrest and while in custody battered two police officers, why would the District Attorney state on the official Complaint "under penalty of perjury" that these crimes occurred on October 17, 2009?

In addition, Laura Robles delayed the filing of the Complaint until the District Attorney and the Whites could manipulate a permanent restraining order injunction against me in civil court to help their case in criminal court.

It's no coincidence that the date of the permanent, 3-year restraining order against me signed by Judge Steven C. Malone was dated on the exact same date as the Criminal Complaint in this case: October 28, 2009.

Accordingly, Laura Robles was relieved from the case and Deputy District Attorney William Gale was assigned. The first time I was allowed to view the Complaint and the 71 pages of evidence collected to "substantiate" the criminal charges against me, was on December 9, 2009 at the Pretrial Hearing.

Unbeknownst to me, Deputy DA Gale was lurking around in the hallway on December 9, 2009, while I'm reviewing the Complaint and evidence for the first time, holding a Plea Bargain he desperately hopes I'll sign so the fraud and obstruction of justice won't come to light.

I outright rejected the Plea Bargain because it asked me to admit to crimes I had not committed. It also said I had to agree to go to jail and serve probation for crimes I had not committed. Then, it told me I had to "cease blogging, " amounting to a waiver of my First Amendment right to free speech.

In January of 2010 William Gale was relieved from the case and Jonathan Robbins was assigned. I'm not clear on the District Attorney's strategic direction. They started out this case with Laura Robles who passed the bar in 1988 (22 years experience) to William Gale who passed the bar in 1999 (11 years experience) and now they put in Jonathan Robbins who passed the bar in December of 2007 (2 years experience). Are they running out of DAs?

On January 25, 2010, in an attempt to mitigate the above-stated intentional fraud against the court and criminal obstruction of justice, Robbins, in open Court, requested that the Court amend the written Complaint as to the violation dates of Counts 2, 3 and 4 which Laura Robles had sworn under penalty of perjury were committed on October 17, 2009.

Robbins requested that the Court amend the violation dates of Counts 2, 3 and 4 to October 8, 2009, as if there had been some "typographical error" that no one had caught for the past three months. The court record / docket has always maintained the date of October 8, 2009, and changing the date on a piece of paper (the written Complaint) cannot mitigate the criminal course of conduct perpetrated by the District Attorney.

Robbins was obligated to attempt to "fix the problem" so that the District Attorney would at least have a shot at probable cause that the crimes might have happened. Using the date that Laura Robles falsely altered (October 17, 2009) gave the District Attorney no shot at it whatsoever.

Of course, Robbins just dug himself in further when he did not include Count 5 in his request to amend. That date stayed at the fraudulently altered date of October 17, 2009. However, one only need look at the Court record/docket to ascertain the truth.

When Robbins requested the amendment to the Complaint, he knew that:

(1) the District Attorney had fraudulently and maliciously manipulated the violation dates;

(2) there was no record of any criminal activity on October 17, 2009 as to Counts 2, 3, and 4;

(3) there was no probable cause to charge me with any of these crimes on any date;

(4) no warrant existed for my arrest for any of the crimes on any date;

(5) the violation date of Count 5 of the Complaint should have also been revised to October 8, 2009, to reflect the true and correct filing of said charge; and

(6) the entire action of Criminal Complaint MSB906348 was predicated on an egregiously corrupt personal vendetta of the Whites wherein they utilized personal relationships within the Big Bear Sheriff's Department to falsely arrest, imprison, brutalize, and then justify criminal charges against me that did not exist.

All of the above constitutes an intentional fraud against the court and criminal obstruction of justice. The District Attorney must be held accountable and all charges against me must be dismissed immediately. In addition, I am calling for the immediate suspension from the practice of law of Jonathan Robbins, William Gale, Laura Robles and Michael Ramos, pending a hearing by the Chief Trial Counsel of the California State Bar.

SIDE NOTE:
At least 90% of the "evidence" presented with the Criminal Complaint was connected to Keith and Patty White's claims against me for civil harassment, the restraining orders, and my blog, "The Big Bearian."

Finally, I understand why the Whites were at all my criminal case hearings. I also learned all about the White-Big Bear Sheriff connection which made my false arrest and imprisonment possible.

Included in the evidence was an interview conducted by Deputy Michael McCracken where he states for the record that Keith White is a personal friend of Big Bear Sheriff Sergeant Jeremy King as well as other Big Bear Sheriff personnel.

McCracken-On September 23: "Keith said he is friends with Deputy King and had spoken with Deputy King in a personal setting about 'what was going on with Baldwin.' Keith said Deputy King told him he could get a restraining order against Baldwin."

MISSION STATEMENT: The Office of the Distict Attorney - County of San Bernardino, State of California:
The San Bernardino County District Attorney's Office represents the interests of the people in the criminal justice system, as mandated by California state law. The San Bernardino County District Attorney's Office serves the residents of San Bernardino County by: (1) Seeking the truth; (2) Protecting the innocent; (3) Holding the guilty accountable; (4) Preserving the dignity of victims and their families; and (5) Ensuring that justice is done while always maintaining the highest of ethical standards.

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