c/o 2509 N. Campbell, #1776
Tucson [zip code exempt]
ARIZONA REPUBLIC
March 7, 1997
NOTICE OF DEFAULT
Henry
J. Bauman
Independent
Counsel
Office
of the Chief Postal Inspector
United
States Postal Inspection Service
475
L'Enfant Plaza, S.W., Room 3417
Washington,
D.C.
Re: Criminal Conspiracy by United States
District Judge John M. Roll
Dear
Mr. Bauman:
Thank you very much for your letter dated February
25, 1997, concerning the criminal conspiracy to obstruct correspondence by U.S.
District Judge John M. Roll, by all his co-conspirators, and by all his
accessories.
Although your letter did not arrive until after
the stated deadline of 5:00 p.m. on Monday, March 3, 1997, it was dated prior
to that deadline and, for this reason, I will waive the deadline and treat
your latest letter as the official response of the USPS to My NOTICE AND DEMAND
dated February 11, 1997.
As expected, you have not produced certified
copies of any constitutional provisions, statutes, or regulations which specifically
authorize United States District Judges to obstruct registered, certified, and
first class U.S. Mail, when restricted delivery and return receipt services
have been requested, and when said mail was directed specifically to the
foreperson of a federal grand jury convened under auspices of a United States
District Court. You are now in default
in this regard.
You did, however, make a point of citing Title 18,
United States Code, Section 1504, influencing juror by writing. You did not explain why it was that you were
citing this statute. I am presently
unaware that there is any probable cause to charge either John M. Roll, or any
of his accessories or co-conspirators, with violating this particular criminal
statute. Section 1504 certainly does not
constitute any authority for a federal judge to obstruct correspondence,
obstruct justice, tamper with a jury, or conspire with others to commit any of
these crimes. See 18 U.S.C. 1504,
second paragraph.
You go on to cite Poster 296 as stating that the
USPS offers a reward for information and services "LEADING TO THE ARREST
AND CONVICTION of any person for crimes specified on the poster." Furthermore, you allege that I do not
qualify to make a claim for any reward in this matter, as there have been no
arrests or convictions as a result of the information I provided.
Mr. Bauman, you did not read far enough on Poster
296!
Evidently, you were quoting from the section of
Poster 296 which is entitled "RELATED OFFENSES" [sic]. If you will kindly read the next section,
which is entitled "GENERAL PROVISIONS", you will find the following
five (5) points there, to wit:
1. The Postal Inspection Service investigates the above described
crimes. Information concerning the
violations, requests for applications for rewards, and written claims for
rewards should be furnished to the nearest Postal Inspector. The written claim for reward payment must be
submitted within six months from the date of conviction of the offender, or the
date of formally deferred prosecution or the date of the offender's death,
if killed in committing a crime or resisting lawful arrest for one of the above
offenses.
2. The amount of any reward will be based on the significance of
services rendered, character of the offender, risks and hazards involved, time
spent, and expenses incurred. Amounts
of rewards shown above are the maximum amounts which will be paid.
3. The term "custodian" as used herein includes any person
having lawful charge, control, or custody of any mail matter, or any money or
other property of the United States under the control and jurisdiction of the
USPS.
4. The USPS reserves the right to reject a claim for reward where
there has been collusion, criminal involvement, or improper methods have been
used to effect an arrest or to secure a conviction. It has the right to allow only one reward when several persons
were convicted of the same offense, or one person was convicted of several of
the above offenses.
5. Other rewards not specifically referred to in this notice may be
offered upon approval of the Chief Postal Inspector (39 USC 404(a)(8)).
[emphasis
added]
I draw your attention specifically to the following
sentence from point 1 above:
The written claim for reward payment must be submitted within six
months from the date of conviction of the offender, or the date of formally
deferred prosecution ....
As I have already stated in several different
letters to employees of the USPS, I regard the September 19 letter from Thomas H.
Basham, Supervisory Senior Resident Agent of the Federal Bureau of
Investigation (Phoenix), to be the date of formally deferred prosecution. My letter dated January 21, 1997, to James
A. Crawford, Postal Inspector (Tucson), explained that the FBI's decision to
shelve the evidence which I supplied to them can, and should, be considered as
the date of formally deferred prosecution.
This latter date falls within the six (6) month deadline after the date
of formally deferred prosecution.
Moreover, I have assembled and transmitted to the
FBI, to the Ninth Circuit Court of Appeals, and to your offices, evidence
identifying accessories to the criminal conspiracy, evidence identifying
persons having unlawful possession of mail and other property secured through
said conspiracy, and evidence of the conspiracy itself. See RELATED OFFENSES in Poster 296. I hereby express My intent to claim
reward(s) for the services of assembling and transmitting all of this evidence
to the government offices mentioned. I
have received no rewards to date in this matter.
In conclusion, please expedite the delivery to Me of
an official USPS application for rewards, and please accept this letter as My
second notice of intent to present a written claim for reward payment. Poster 296 directs Me to write to the
nearest Postal Inspector to file these claims, so I am sending a copy of this
letter to James A. Crawford in the Tucson office of the U.S. Postal Inspection
Service, and all others listed below.
I also hereby reserve My Right to prosecute Johm M.
Roll and all of his accessories and co-conspirators for all the crimes
previously mentioned, and to hold them all liable for actual, consequential,
and exemplary damages to Me, and to the New Life Health Center Company
("New Life"), of which I am presently the Vice President for Legal
Affairs, pursuant to a Trustee's appointment to said office. For your information, that appointment was
officially recognized by United States District Judge John M. Roll at the
second hearing in the matter of the grand jury subpoena served upon New Life
and, for this reason, My pleadings were officially filed in that case and I was
also permitted to address the court in My capacity as an officer of New
Life. Please be advised that you may be
called as a material witness in the litigation which will be forthcoming in
this matter.
Thank you very much for your consideration.
Sincerely
yours,
/s/
Paul Andrew Mitchell
Paul
Andrew, Mitchell, B.A., M.S.
Citizen
of Arizona state, federal witness,
Vice
President for Legal Affairs,
New
Life Health Center Company
All
Rights Reserved Without Prejudice
copies: USPS Board of Governors, Washington, D.C.
James A. Crawford, Postal Inspector,
USPS, Tucson
Chief Postal Inspector, USPS, Washington,
D.C.
Sharon H. Turner, Supervisor, USPS,
Tucson
Postmaster, USPS, point of origin
I. M. Moriarty, USPS, Washington,
D.C.
Cathy Catterson, Clerk of Court,
Ninth Circuit
Chief Judge Broomfield, USDC,
District of Arizona
service list attached infra
PROOF
OF SERVICE
I, Paul Andrew,
Mitchell, B.A., M.S., hereby certify, under penalty of perjury, under the laws
of the United States of America, without the "United States", that I
am at least 18 years of age and a Citizen of one of the United
States of America, and that I personally served the following document(s):
Letter from Paul Mitchell, dated March 7,
1997,
to Henry J. Bauman, Independent Counsel, USPS
by placing said
document(s) with exhibits in first class United States Mail, with postage
prepaid and properly addressed to the following individuals:
ROBERT
L. MISKELL [sic] John M. Roll [sic]
Acapulco
Building, Suite 8310 U.S. District
Court
110
South Church Avenue 55 E. Broadway
Tucson,
Arizona state Tucson,
Arizona state
JANET
NAPOLITANO [sic] Clerk of Court
Acapulco
Building, Suite 8310 United States
District Court
110
South Church Avenue 55 E.
Broadway
Tucson,
Arizona state Tucson,
Arizona state
Grand
Jury Foreperson Postmaster
In
re: New Life Health Center Co. U.S.
Post Office
55
E. Broadway Downtown
Station
Tucson,
Arizona state Tucson,
Arizona state
Judge
Alex Kozinski (supervising) Evangelina
Cardenas [sic]
Ninth
Circuit Court of Appeals
"Internal Revenue Service"
125
S. Grand Avenue, Suite 200 300 West
Congress
Pasadena,
California state Tucson, Arizona
state
Attorney
General Solicitor General
Department
of Justice Department of
Justice
10th
and Constitution, N.W. 10th and
Constitution, N.W.
Washington,
D.C. Washington, D.C.
Thomas H. Basham, Agent Eugene A. Burns
Federal
Bureau of Investigation New Life
Health Center Company
201
East Indianola 4500 East
Speedway, Suite 27
Phoenix,
Arizona state Tucson,
Arizona state
Chief
Judge Chief Judge Broomfield
Ninth
Circuit Court of Appeals United
States District Court
c/o
P.O. Box 193939 55 E.
Broadway
San
Francisco, California state Tucson,
Arizona state
Executed
on March 7, 1997:
/s/
Paul Andrew Mitchell
_________________________________
Paul
Andrew, Mitchell, B.A., M.S.
Citizen
of Arizona state, federal witness,
Counselor
at Law, and Vice President for Legal Affairs,
New
Life Health Center Company, Tucson, Arizona state
all
rights reserved without prejudice