Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President, New Life Health Center Company c/o 2509 N. Campbell, #1776 Tucson, Arizona state, USA zip code exempt (formerly DMM 122.32) Under Protest and by Special Visitation with explicit reservation of all rights UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 SERVED ON ) NEW LIFE HEALTH CENTER COMPANY ) NOTICE OF REFUSAL FOR CAUSE: ) FORMAL OFFER OF PROOF; and ) DEMAND FOR RECUSAL ) FRCP Rules 9(b); 12(b)(1),(2); ) 28 U.S.C. 1746(1); Rule 201(d), ) Federal Rules of Evidence; ) Petition Clause; Supremacy ) Clause; Universal Declaration ) of Human Rights; International ) Covenant on Civil and Political ) Rights, enacted with explicit ) Reservations; 28 U.S.C. 372(c); _______________________________) F.R.Evid., Rule 201(d) COMES NOW Paul Andrew, Mitchell, Sui Juris, Citizen of Arizona state (hereinafter "Counsel") and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Company"), to provide formal Notice to all interested party(s) of this: (1) NOTICE OF REFUSAL FOR CAUSE, submitted on behalf of both Counsel and the Company, of the alleged ORDER of United States District Judge John M. Roll, issued in the instant case on November 22, 1996; (2) FORMAL OFFER OF PROOF; and (3) DEMAND FOR RECUSAL. Notice of Refusal for Cause/Offer of Proof/Demand to Recuse: Page 1 of 5 Pursuant to the provisions of 28 U.S.C. 372(c), and the local rules promulgated under it, Counsel has now filed a formal COMPLAINT OF JUDICIAL MISCONDUCT against John M. Roll, for criminal misconduct which is hereby documented by means of affidavits, all other pleadings, and all exhibits previously filed in the instant case, in the related Emergency Motion to the Ninth Circuit, and in correspondence to the Federal Bureau of Investigation ("FBI"). The latter correspondence to the FBI is attached hereto and incorporated by reference, as if set forth fully herein. The COMPLAINT OF JUDICIAL MISCONDUCT is likewise attached and incorporated by reference, as if set forth fully herein. Counsel submits that conclusive material evidence of mail fraud (28 counts), jury tampering (28 counts), obstruction of justice (28 counts), and conspiracy to commit all of the above (28 counts), as well as other crimes not specified here, together constitute sufficient probable cause to recuse John M. Roll permanently from this case, and all related cases. Formal demand for the recusal of John M. Roll is hereby made of him, and Notice of same is hereby served on all interested party(s). Counsel also wishes to address the matter of His standing before this honorable Court. Counsel presumes that He was appointed to the office of Vice President for Legal Affairs by lawful action of the Company's Trustee, Sheryl Smith, which action was formally recognized by this honorable Court. Counsel was entitled to presume, on the basis of said appointment, that the authorization of Sheryl Smith, Trustee, was also required to terminate Counsel from said office. Notice of Refusal for Cause/Offer of Proof/Demand to Recuse: Page 2 of 5 Counsel has reviewed the Company's trust indenture and hereby informs this honorable Court that He was unable to discover any authorization, provided therein, for the General Manager to appoint and/or terminate other officers of the Company. Authority for appointing and/or terminating Company officers resides solely in the Trustee(s). Counsel hereby offers to prove that He was never lawfully terminated from His office as Vice President for Legal Affairs of the Company, and for this reason He still enjoys standing before this honorable Court, which standing was judicially recognized by United States District Judge John M. Roll at the second hearing in the instant case. See Reporter's Transcript of second hearing (not yet prepared). In support of this OFFER OF PROOF, Counsel attaches His NOTICE OF DEFAULT as hand-delivered to Dr. Eugene A. Burns, dated August 12, 1996, which is incorporated here by reference, as if set forth fully herein. Counsel is prepared to supplement this FORMAL OFFER OF PROOF, at the discretion of this honorable Court. REMEDY REQUESTED Counsel, on behalf of the Company, hereby demands mandatory judicial notice, pursuant to Rule 201(d) of the Federal Rules of Evidence, of this NOTICE OF REFUSAL FOR CAUSE and of the attached documents, which are incorporated by reference, as if set forth fully herein, and provided to substantiate Counsel's OFFER TO PROVE that Counsel was never lawfully terminated from the office of Vice President for Legal Affairs of the Company, and that Counsel was lawfully appointed to said office in the first instance. FORMAL DEMAND FOR RECUSAL of John M. Roll is also made. Notice of Refusal for Cause/Offer of Proof/Demand to Recuse: Page 3 of 5 VERIFICATION I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs of New Life Health Center Company, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statements of fact are 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). Executed on December 17, 1996 /s/ Paul 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 Notice of Refusal for Cause/Offer of Proof/Demand to Recuse: Page 4 of 5 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): NOTICE OF REFUSAL FOR CAUSE; FORMAL OFFER OF PROOF; DEMAND FOR RECUSAL: [list of authorities here] 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 Tucson, Arizona JANET NAPOLITANO [sic] Clerk of Court Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona Tucson, Arizona Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona Tucson, Arizona Judge Alex Kozinski Evangelina Cardenas [sic] Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California Tucson, Arizona 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. Dated: December 17, 1996 Eugene A. Burns New Life Health Center Company 4500 East Speedway, Suite 27 Tucson, Arizona state /s/ Paul 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 Notice of Refusal for Cause/Offer of Proof/Demand to Recuse: Page 5 of 5 # # #
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IN RE GRAND JURY SUBPOENA SERVED ON NEW LIFE HEALTH CENTER COMPANY