Monday, October 17, 2011

How to File a Complaint… The Fatal Shot Heard Round the World (part 2)




How to File a Complaint… The Fatal Shot Heard Round the World (part 2)

by Impeach Judge Randy Kennedy

Here is the long-awaited "Part 2" of the series within a series of "How to File a Complaint: The Fatal Shot Heard Round the World.

Mr. David Callahan, III, Guardian Ad Litem in The Conservatorship of Robert Thurman, has an oath and legal obligations to adhere. Considering the egregious nature of the Thurman conservatorship, it's important that this be made public. The Thurman case also shows a pattern of illegal activities, not to mention ethics violations, in Judge Randy Kennedy's probate court that are routinely carried out on a day-to-day basis.

You have been given an insight to a legal recourse that "we, the people" have at our avail, but the legal system has kept us in the dark to for its own selfish gain and purpose.

Here is my last email to Mr. Callahan and it serves as a template for you, the reader, to use in demanding correction from an attorney when they have strayed from their oath and the Rules of Professional Conduct.

Again, Mr. Callahan, III, in my opinion, is the least deserving of this public scrutiny, but he did and does have a legal obligation to report to the various authorities what he has witnessed and been made aware of. He also had the obligation as Guardian ad Litem to protect Robert Thurman from the atrocities that followed the Petition for Conservatorship.

Mr. Callahan:

This email serves to notify you that, you, David Callahan, III, as an attorney licensed to practice in Davidson County, State of Tennessee, and as Guardian Ad Litem appointed by the 7th Circuit Court to investigate and report to the court your findings, which should result in the best interest of the respondent and or alleged disabled pertaining to the Conservatorship of Robert Thurman, that there is reason to believe you have breached the The Rules of Professional Conduct and your duty as Guardian Ad Litem, by not reporting the abundance of ethical violations committed by the court and to report the attorneys mentioned in a previous communications (emails) that have conspired to commit crimes and breached the Rules of Professional Conduct.

As an observer and citizen of the United States of America, I have the right to report you as a "co-conspirator" and/or accessory to the violations and crimes committed in The Conservatorship of Robert Thurman to The Board of Professional Responsibility and the various governing bodies such as The Attorney General, District Attorney, FBI, etc., whichever governing body is applicable to the breach or crime, considering that you have been previously notified and, as a practicing licensed attorney, must know that it is your legal and ethical duty to report any and all ethics violations, breach of the Rules of Professional Conduct, and crimes to the appropriate authorities. By not doing so, you have made yourself a violator of the Rules of Professional Conduct and, possibly, a co-conspirator in all matters pertaining to The Conservatorship of Robert Thurman.

Below, is the black letter law cited to substantiate my allegations against you. I am not an attorney, and do not claim to be, but as an observer and citizen of the United States, I possess the right to report you to the appropriate authorities for failing in your duty as a licensed attorney in the State of Tennessee, as Guardian Ad Litem in The Conservatorship of Robert Thurman.

Your immediate corrections to this are demanded. If not, the appropriate filings will proceed.

TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1986

§ 1986. ACTION FOR NEGLECT TO PREVENT

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; a nd if the death of any party be caused by any such wrongful act and neglect…

As a layperson, I am not bound to the Rules of Professional Conduct. If I have erred in my allegations, please point out my error in your response using the law and rules to substantiate.

With all due respect,

John Daniel Tate aka Danny Tate

You are witnessing this action as it plays out. Let's see what happens. This email was sent to Mr. Callahan right before I posted "Part 1" of this series within a series.

(cont. communications with Nancy Amons, Channel 4, NBC affiliate in Nashville, TN, who covered my conservatorship)

The statute presented above is one reason why I've been cc'ing you on my emails to David Callahan, III, the Guardian ad Litem in the Robert Thurman case.

Not only do the Rules of Professional Conduct (the rules that govern attorneys) require any and every attorney to report unethical or illegal actions witnessed in a legal proceeding, but if they don't then they become a "co-conspirator" (Action For Neglect to Prevent). Mr. Callahan's reply alleging "threat" (refer to my last post and the email exchange provided by a link) only admits his guilt. There is no threat if he is not guilty. He is now a co-conspirator (and was from the beginning), in all the illegal and unlawful activity in the Thurman case. fyi. That's why I keep referring to Kennedy's court as a racket. They are all participating in, not only the corruption, but the cover up thereof, by not reporting the illegal and/or unethical practices and practitioners. Kennedy is bound to the same requirement as i s represented in the Judicial Code of Ethics. Our "public servant" (Judge Kennedy) and the officers of the court (the attorneys, etc.) are not going to tell on one another. It's the unspoken rule amongst attorneys, especially in Nashville, but by not doing so, they become guilty as an accessory to the crime (or rule) broken.

Another thing to keep in mind, the probate courts are the biggest business in America, dwarfing any business, because the wealth of the nation eventually passes through probate. See what I'm getting at? So, that's why they do their actions in such a self-contained manner. In order to maintain "ownership" of the biggest business in the world, they can't "out" themselves on what is going on. They are all guilty, but no one within the court is going to tell on anyone else. It's the biggest gravy train and the biggest, dirtiest-kept secret in jurisprudence and the entire legal system. Kennedy controls it all because the attorneys are being appointed by him and getting paid by him. Clients are NOT paying the attorneys in probate court. The court is paying them for the court is in control of the estate. That's why Kennedy keeps his "list" of appointees to those who play ball and cooperate. That's why he seals the deal in "emergency" ex parte hearings, so that the rights to defend or sue or appeal or litigate are stripped away before anyone knows. And the estates/bank accounts are seized so that he controls the money and the attorneys because he's appointing only cooperative attorneys and paying them, not the "ward"/client. Everyone BUT the client is in on the gravy train. With me, they were attempting to loot my estate before I was in the grave.

Nancy, this is an opportunity to expose something very important, from a legal and historical perspective. Typically, it happens to the elderly who have no voice. That's why I continue to speak out. It would be easy to discredit me as a "disgruntled crackhead" (an unproven and malicious allegation) who got what he deserved, but that's the mindset the probate practitioners are counting on in their efforts to cover up.

It shouldn't matter if I'm running down West End naked with a crack pipe in one hand and a hooker in the other, it doesn't justify how the law is routinely subverted (and broken) under guise of protection and preservation. Of course, for my integrity, and for the father of my children, I wouldn't run down West End naked, but they promote that distraction, or something similar, and it has worked to date.

In Ginger Franklin's case, she falls and hits her head, wakes up conserved, yet the result is financial ruin instead of preservation. It's an utter contradiction in jurisprudence that the same court that liquidates and divides the estates of the deceased is also charged with preserving the estates of the disabled. It can't possibly work and they don't even try. But they've gotten comfortable in their illegal practice because no one holds them accountable.

In my case, they alleged disability by reason of drug addiction, yet at the first hearing I was served notice of, I drove myself to court dressed in a suit, but without an attorney because they had already frozen my bank accounts in an ex parte hearing, thus had no money to retain a lawyer. I asked the court for a continuance and for funds to be released so that I could retain an attorney. Kennedy denies the continuance and my side of the story is never represented. And with no motion before the court for involuntary commitment, I'm led away in handcuffs and thrown in the lock down psych hospital at Vandy. Kennedy appoints an attorney from his "list" and they liquidate my estate faster than a room full of crackheads. Less than three years later, I'm adjudicated a pauper in the same court that was charged with "conserving" my estate. The illegal and unlawful acts in my case are so deep it's too unbelievable for the uninformed public. "The guy is a crackhead, and the judge must be right because he's a judge" is the misperception that is easily defaulted towards. My credit score was near perfect, my bills were all paid. Now my credit is ruined and I'm indigent, all from the actions of Judge Randy Kennedy's court.

I've been approached by other media opportunities interested in "breaking" this story (The Conservatorship of Robert Thurman), but it must be done accurately. If it were exposed fair and balanced, it would bring down the largest industry in the world and break down our legal system as we know it. It's that big.

I've become their biggest threat because I've been outspoken and have exposed this organized corruption occurring on the largest of scales; and I've exposed how they run the racket. THAT is why some guy tries to run me down on the interstate and then shows up at my door with a 9 mm and just so happens to be the vice-mayor's son (as you alleged). It's not coincidence. It's organized corruption at the highest level. (and I've got countless more examples like the one you dubbed "Shoot out at the OK Corral".) By the way, my ex is in on it and that's why she's not letting me see my children. They know my children are my weakness. And they are doing anything and everything to paint me as a dangerous person. I am dangerous, but only to them because I've "got the goods" and they know it.

I'm not sure if you are aware of my blog Impeach Randy Kennedy, but it will educate you more as to how the racket works and protects itself.

Here, I finish my post:

Truth is an absolute defense to libel and I welcome any suit for libel, for it would open the floodgates of deposition and discovery void in my case, The Conservatorship of John Daniel Tate aka Danny Tate, not to mention the entire racket that is going on in The 7th Circuit Court, Davidson County, Nashville, TN.

We will continue with the initial series, "How to File a Complaint...." in the next post.

Keep the faith...
 
Please read complete article at link below:
 
https://mail.google.com/mail/#inbox/133142e0c1739106
 
Editor's note:  GO DANNY!!!!!  Lucius Verenus, Schoolmaster, ProbateSharks.com

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