Teresa Giordano, Sui Juris

Citizen of California State

c/o 40960 California Oaks Rd., Box 281

Murrieta 92562

CALIFORNIA, USA

 

tel:  (909) 695-9186

fax:  (909) 695-2416

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

UNITED STATES DISTRICT COURT

 

CENTRAL DISTRICT OF CALIFORNIA

 

 

UNITED STATES OF AMERICA,      )  CR No. 02-0372

                               )

          Plaintiffs,          )  NOTICE OF WITHDRAWAL OF PLEA AND

                               )  OF FORMAL TERMINATION OF FEDERAL

     v.                        )  PUBLIC DEFENDER, BY AFFIDAVIT:

                               )

LYNNE MEREDITH et al.,         )  Sixth Amendment;

                               )  28 U.S.C. 1652, 1746(1)

          Defendants.          )

_______________________________)

COMES NOW Teresa Giordano, Sui Juris, Citizen of California State, expressly not a citizen of the United States (“federal citizen”), appearing specially before this honorable Court, without conferring, waiving, or otherwise granting jurisdiction, formally to withdraw the plea entered in error by this Court on April 22, 2002 A.D.;  and, formally to terminate the services of the gentleman doing business as a Federal Criminal Defense Attorney [sic], for causes, to wit:

The Undersigned hereby testifies as follows:

I, Teresa Giordano, to date have absolutely not been served with any indictment(s), information(s), verified criminal complaint(s), or true bill(s), signed in original in the above entitled matter.

I have not been served to date with any copies, certified or otherwise, of any indictment(s), information(s), verified criminal complaint(s), or true bill(s), signed in original in the above entitled matter.

No PROOF OF SERVICE exists, to My actual knowledge.

I have not been served to date with any PROOF OF SERVICE.

I have not been served to date with any copies, certified or otherwise, of any PROOF OF SERVICE.

After I transmitted a written demand to him ‑‑ to produce within a reasonable deadline his license to practice law ‑‑ Mr. Gregory Nicolaysen, Esquire [sic] failed to produce a valid license to practice law with a certificate of oath properly indorsed upon said license, as required by Section 6067 of the California Business and Professions Code.  See Attachment “A” infra.

Lacking the requisite credentials, Mr. Gregory Nicolaysen, Esquire [sic] was categorically not qualified or otherwise eligible to be appointed by this Court to represent Me in any capacity whatsoever.

Accordingly, at the hearings held on April 15 and 22, 2002 A.D., Mr. Nicolaysen appears to have committed misdemeanors, in violation of Section 6126 of the California Business and Professions Code, and also contempt of court, in violation of Section 6127 of the California Business and Professions Code (two counts each).

Mr. Nicolaysen enjoyed no lawful authority, or delegation(s) of authority, whatsoever to address this Court at said hearings.

Mr. Nicolaysen also erred quite seriously by verbally stating to this Court that I, Teresa Giordano, had previously been served with a “copy” of an “indictment” prior to the hearing on April 22, 2002 A.D.

Said statement by Mr. Nicolaysen was a false statement.

I have never seen any proper accusation(s), charge(s), allegation(s) of criminal conduct, verified criminal complaint(s), or true bill(s), formally charging Me with any federal offenses whatsoever.

I have not been informed of the nature and cause of any accusation(s) against Me, as required by the Sixth Amendment to the Constitution for the United States of America, as lawfully amended.

This Court did oust itself of any jurisdiction it might otherwise have had in this matter, by attempting to arraign Me without the assistance of Counsel.  See, in particular, the holdings of the Supreme Court of the United States in the cases of Johnson v. Zerbst, 304 U.S. 458, 468 (1938) and Gideon v. Wainwright, 372 U.S. 335 (1963) (courtesy copies attached).

I also witnessed two (2) U.S. Marshals (one male, one female) escort My Counsel of choice, Mr. Paul Andrew Mitchell, Private Attorney General, out of the courtroom on April 22, 2002 A.D., at the exact moment the instant case was announced by the courtroom Clerk, leaving Me entirely without the effective assistance of any Counsel.

Paul Andrew Mitchell is My Counsel of choice in this matter.

I retained His services during the month of March 2002 A.D., after I received a true and correct copy of His VERIFIED CRIMINAL COMPLAINT against Ms. Alicia Villarreal and Mr. Andrew Erath.

A true and correct copy of said VERIFIED CRIMINAL COMPLAINT has now been filed in the official record of the instant case.  See Exhibit “A” attached to My APPLICATION FOR ORDER TO SHOW CAUSE executed and served on April 19, 2002 A.D.

I am presently quite pleased with Mr. Mitchell’s Counsel and, until further notice, I have no intentions of terminating any of His services on My behalf.

 

FORMAL NOTICE OF TERMINATION

For all of the reasons stated above, I, Teresa Giordano, Sui Juris, Citizen of California State, do hereby exercise My fundamental Right to rescind any contract, presumption of contract, or implication ‑‑ whether verbal or written, whether expressed or implied in fact ‑‑ by which Mr. Gregory Nicolaysen, Esquire [sic] claims to have any right, or duty, to represent Me in any capacity whatsoever in the instant matter.

I do hereby terminate any and all of his services on My behalf, nunc pro tunc to the initial hearing date of April 15, 2002 A.D., for fraud and for his willful violations of Sections 6067, 6126 and 6127 of the California Business and Professions Code.  See 28 U.S.C. 1652 (State laws as rules of decision).

"Constructive fraud as well as actual fraud may be the basis of cancellation of an instrument."  El Paso Natural Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979).

 

FORMAL NOTICE OF PLEA WITHDRAWAL

And, for all of the reasons stated above, I do hereby formally withdraw any “plea” and any and all plea(s) of “not guilty” that were entered on My behalf and over My timely objections at the hearing on April 22, 2002 A.D.


VERIFICATION

I, Teresa Giordano, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).  See Supremacy Clause (Constitution, Laws and Treaties are the supreme Law of the Land).

 

 

Dated:   April 29, 2002 A.D.

 

 

Signed:  /s/ Teresa Giordano

         ____________________________________________

Printed: Teresa Giordano, Citizen of California State

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General


PROOF OF SERVICE

I, Teresa Giordano, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

 

NOTICE OF WITHDRAWAL OF PLEA AND OF FORMAL TERMINATION

OF FEDERAL PUBLIC DEFENDER, BY AFFIDAVIT:

Sixth Amendment;  28 U.S.C. 1652, 1746(1)

 

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

 

JOHN S. GORDON

RONALD L. CHENG

LAWRENCE S. MIDDLETON

ALICIA VILLARREAL

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

 

Gregory Nicolaysen, Esquire [sic]

dba Federal Criminal Defense Attorney

16000 Ventura Boulevard, Suite 500

Encino 91436

CALIFORNIA, USA

 

 

[See USPS Publication #221 for addressing instructions.]

 

 

Dated:   April 29, 2002 A.D.

 

Signed:  /s/ Teresa Giordano

         ____________________________________________

Printed: Teresa Giordano, Citizen of California State


 

 

 

 

 

 

 

 

 

 

Attachment “A”:

 

MEMO VIA FACSIMILE AND FIRST CLASS MAIL

 

To:  Gregory Nicolaysen,

Federal Criminal Defense Attorney

 

From:  Teresa Giordano,

Citizen of California

 

Dated:  April 19, 2002 A.D.