Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
zip code exempt
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 ) SUPPLEMENT TO PETITION
_______________________________) FOR ORDER TO SHOW CAUSE
COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona
Citizen (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 supplement the Company's Petition for Order
to Show Cause.
Counsel hereby petitions this honorable Court for an
additional Order to the office of the United States Attorney to
show cause why Mr. Miskell should not also be charged with
perjury and contempt of court in the instant matter.
On April 18, 1996, Mr. Robert L. Miskell filed with this
honorable Court a SUPPLEMENT TO APPLICATION FOR ORDER TO SHOW
CAUSE in which he made the following two statements:
1. "In the application for order to show cause, the
undersigned [Mr. Miskell] stated that he had not
received any communication explaining New Life Health
Center Company's failure to appear for [sic] the grand
jury on March 27, 1996."
2. "On April 18, 1996, the undersigned [Mr. Miskell]
received the attached communication, which was
postmarked March 21, 1996 and addressed to the Grand
Jury Foreperson at the U.S. District Court."
Supplement to Petition for OSC:
Page 1 of 5
The "attached communication" to which paragraph 2 refers
was the Company's PRIVILEGED COMMUNICATION dated March 20, 1996,
which was addressed to the Grand Jury Foreperson In re: New Life
Health Center Company, and sent via Registered United States
Mail, registered serial number #R-591-643-753, Return Receipt
and Restricted Delivery both requested.
Mr. Miskell has openly admitted, on the record, that said
PRIVILEGED COMMUNICATION was postmarked March 21, 1996 (see
paragraph 2 quoted above). This admission is consistent with
the other documentary evidence filed by the Company in the
instant case.
Even though Restricted Delivery services were requested,
the Return Receipt was delivered to the Company showing a Date
of Delivery of "3-22-96", but it had no signature. After
delivery of this Return Receipt to the Company, two separate
requests were made of the U.S. Post Office to trace the fate of
the Company's PRIVILEGED COMMUNICATION.
The first tracer, a REQUEST FOR RETURN RECEIPT (AFTER
MAILING), PS Form 3811-A, was posted on April 2, 1996, and
delivered on April 5, 1996; it showed a Date of Delivery of "3-
25-96".
The second tracer, also a PS Form 3811-A, was posted on
April 17, 1996, and delivered on April 18, 1996; it showed no
Date of Delivery but stated the following in the spaces
provided: "no record found but cleared reg. rm 3/28".
Supplement to Petition for OSC:
Page 2 of 5
On April 18, 1996, the same day on which the second tracer
was delivered to the Company, Mr. Miskell signed his SUPPLEMENT
TO APPLICATION FOR ORDER TO SHOW CAUSE and mailed it with a
cover letter on the same date. See EXHIBIT "A" attached hereto
and incorporated fully by reference.
Using the tracer PS Forms 3811-A as a basis, the Company's
PRIVILEGED COMMUNICATION was delivered no later than March 28,
1996. Mr. Miskell's original APPLICATION FOR ORDER TO SHOW
CAUSE was submitted on April 10, 1996, almost two weeks after
the last date by which the PRIVILEGED COMMUNICATION was
reportedly delivered. However, this original APPLICATION
contained the following false and misrepresentative statement:
The undersigned [Mr. Miskell] did not receive any
communication from New Life Health Center explaining the
failure to appear or requesting a continuance of the
appearance.
On behalf of the Company, Counsel alleges that Mr. Miskell
illegally intercepted the Company's PRIVILEGED COMMUNICATION
when it was delivered no later than March 28, 1996 (probably
March 22, 1996). He then did nothing about this PRIVILEGED
COMMUNICATION until two separate postal inquiries were made to
determine its fate, thus obstructing its delivery to the Grand
Jury Foreperson.
Then, when the second inquiry was made by the United States
Postal Service, he appears to have made further false and
misrepresentative statements to this Court, and transmitted them
through U.S. Mail, in order to conceal the fact that he had
previously intercepted Registered United States Mail, in
violation of federal postal laws and regulations.
Coming from an officer of this Court, such false and
misrepresentative statements constitute perjury and contempt of
court and further acts of mail fraud.
Supplement to Petition for OSC:
Page 3 of 5
PRAYER
Wherefore, Counsel petitions this honorable Court, on
behalf of the Company, for a supplemental order to the office of
the United States Attorney to show cause why Mr. Miskell should
not also be charged with perjury and contempt of court for
signing his name to false and misrepresentative statements, for
transmitting them through U.S. Mail, and for filing these
statements in the official Court record of the instant case.
Respectfully submitted on May 20, 1996.
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
All Rights Reserved without Prejudice
Supplement to Petition for OSC:
Page 4 of 5
PROOF OF SERVICE
I, Linda H. Burns, 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, that I am not currently
a Party to this action, and that I personally served the
following document:
SUPPLEMENT TO PETITION
FOR ORDER TO SHOW CAUSE
by placing said document with exhibits in first class U.S. Mail,
with postage prepaid and properly addressed to the following
individuals:
ROBERT L. MISKELL John M. Roll
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO Clerk
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
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California Tucson, Arizona
Dated: May 20, 1996
/s/ Linda Burns
________________________________________
Linda H. Burns, Citizen of Arizona state
All Rights Reserved without Prejudice
Supplement to Petition for OSC:
Page 5 of 5
# # #
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In Re Grand Jury Subpoena