{"id":2586,"date":"2024-03-29T09:00:15","date_gmt":"2024-03-29T17:00:15","guid":{"rendered":"https:\/\/sovereignhope.org\/?page_id=2586"},"modified":"2024-08-22T01:45:47","modified_gmt":"2024-08-22T09:45:47","slug":"fight-4-freedom","status":"publish","type":"page","link":"https:\/\/sovereignhope.org\/index.php\/fight-4-freedom\/","title":{"rendered":"FIGHTING 4 FREEDOM"},"content":{"rendered":"<blockquote>\n<h6 style=\"text-align: center;\"><span style=\"color: #0000ff;\"><em>Administrator&#8217;s Note:<br \/>\nAll of the information on this page is the Proprietary Work Product of Lonnie G. Schmidt.<br \/>\n<\/em><em>I am including it on the SH website because it exemplifies a specific example of<br \/>\nUnconstitutional Authoritative Abuse within the California Legal &amp; State Prison System.<\/em><\/span><\/h6>\n<\/blockquote>\n<h6 style=\"text-align: center;\">Presented by Lonnie G. Schmidt<br \/>\nAdvocate, Legal Researcher, Captain USAR<\/h6>\n<p>&nbsp;<\/p>\n<h1 style=\"text-align: center;\">FIGHTING 4 FREEDOM<\/h1>\n<h5 style=\"text-align: center;\"><span style=\"color: #800000;\">Do you have a loved one or someone dear to you in a California prison?<\/span><\/h5>\n<p>&nbsp;<\/p>\n<p>Well, that person is most probably in prison illegally, as I will demonstrate in the information below.<\/p>\n<p style=\"text-align: center;\"><em>He who has ears to hear, let him hear!<\/em><\/p>\n<p>The people we elected to safeguard our loved ones\u2019 rights are violating their oath of office by failing to properly uphold both Federal and State Constitutions and underlying Statutues, Codes, and Regulations.<\/p>\n<p>I am here to spread the word and, by using the established law, have identified a clear path to justice and freedom&#8230; AND I need your help!<\/p>\n<p>I\u2019m asking you to help me in one or two ways:<\/p>\n<ul>\n<li>By reaching out to your various elected officials, i.e., County Sheriff, County Supervisor, Assembly People, Senators and the Governor,\u00a0<strong>using the information below<\/strong> to demand that your loved one be released.<\/li>\n<li>If you can, by giving funds to help me cover the expenses of this most worthy cause of \u201cproclaiming liberty to the captives and the opening of the prison to those who are bound\u201d \u2026 free of charge!!<\/li>\n<\/ul>\n<p>Please read the information below and then tell everyone you know who might be willing to help spread the word.<\/p>\n<h6 style=\"text-align: center;\"><span style=\"color: #800000;\">Let this truth go viral and get our loved ones released!!<\/span><\/h6>\n<p>I am sharing with you verified research regarding a basic legal discrepancy that has profound implications for California\u2019s criminal justice system\u2026 and the release of your loved ones.<\/p>\n<p>My research has discovered that critical documents initiating the felony criminal prosecution by the state and the written judgment of conviction are either fictitious writings without legal authority or are missing from the chain of record\u2026 rendering the \u201cconviction\u201d obtained by the County District Attorney\u00a0<strong>invalid, null and void<\/strong>\u00a0\u2026and any subsequent imprisonment unlawful.<\/p>\n<p>The California Supreme Court has held that the first accusatory pleading by the state in a felony prosecution must be either a Grand Jury Indictment or, an Information.\u00b9\u00a0 And that if neither an Indictment or Information is filed at the outset of the case, the Superior Court lacks jurisdiction.\u00b2<\/p>\n<p>The California Attorney Generals and their subordinates \u2500the county District Attorneys\u2500 have been violating both constitutional and statutory law in (most likely) all of their prosecutions of felonies.\u00a0 They do this by substituting a <strong>fictitious writing (felony complaint)\u00b3<\/strong>\u00a0 as the first pleading in a felony case in lieu of a constitutionally and legislatively mandated Grand Jury Indictment or Information.\u00a0 <strong>This is fraud.<\/strong><\/p>\n<p>Consequently, acting without jurisdiction, Superior Court judges become complicit in the fraud by failing to file a judgment of conviction (JOC) on the court\u2019s record (in most cases).\u00a0 This failure now involves the Clerk in the fraud\u2026. through the creation and filing of a fictitious \u201cAbstract of Judgment\u201d (AOJ).<\/p>\n<p>The JOC is the official record of conviction, a document required by law to be signed by the judge and filed in the court\u2019s record.<sup>4<\/sup>\u00a0 \u00a0Without it, regardless of the charges or sentence imposed, there is\u00a0<u>no<\/u>\u00a0conviction,\u00a0<u>no<\/u> basis for appeal;<sup>5<\/sup>\u00a0 and, being required by law for delivery of a person to state prison, there is <u>no<\/u> authority to imprison.<sup>6<\/sup><\/p>\n<p>What IS being used to commit a person to prison is a fictitious, unauthorized document called the Abstract of Judgment (AOJ), a summary of the JOC. Without the supporting JOC there CANNOT be an AOJ!<\/p>\n<p>The JOC being eyes and the AOJ being glasses, it\u2019s like a blind man putting on a pair of glasses.\u00a0 Without a JOC (eyes) an AOJ (glasses) is useless.\u00a0 However, an AOJ is filed on the court\u2019s record: a JOC is not.\u00a0 The AOJ is a fraudulent document.<\/p>\n<p>As a result, the fraud is now extended into the state prison system where county and state officials substitute the AOJ for the JOC, imprisoning persons <strong>without a court order<\/strong>.<\/p>\n<p>AND?\u00a0 The lack of a certified copy of the JOC entitles the prisoner to discharge from prison.<sup>7<\/sup><\/p>\n<p>There simply are no recorded cases in law sanctioning restraints on the liberty of any sane, adult, citizen in the absence of a disposition of guilt entered upon criminal trial.<sup>8<\/sup><\/p>\n<p>Therefore,\u00a0presuming the Superior Court had jurisdiction, <strong>without a JOC<\/strong>\u00a0there is no legal basis for detention by the county or transfer therefrom and neither a Warden nor the California Department of Corrections and Rehabilitation (CDCR) Director can legally imprison any person.<\/p>\n<p>And CDCR, by its own admission, has <strong>NONE<\/strong> for any prisoner.\u00a0 See, <a href=\"https:\/\/img1.wsimg.com\/blobby\/go\/0db9b71c-e6d7-4f3c-bcf7-53aec64b5ce4\/downloads\/CDCR%20Secretary%20Ralph%20Diaz%20Admits%20No%20Authority%20.pdf?ver=1695688229916\"><span style=\"text-decoration: underline;\">CDCR Secretary Ralph Diaz Admits No Authority To Confine Prisoners<\/span><\/a>, September 1, 2020.<\/p>\n<h4><\/h4>\n<blockquote>\n<h6 style=\"text-align: center;\"><span style=\"color: #800000;\"><em>These jurisdictional defects affect every person incarcerated by the system, past to present.<\/em><\/span><\/h6>\n<\/blockquote>\n<p>&nbsp;<\/p>\n<p>After exhaustive research, I discovered that the Superior Court for lack of a Grand Jury Indictment, and the CDCR Secretary for lack of a JOC, lack jurisdiction over any person.\u00a0 This can best be illustrated by the unique, current and high profile case of Scott Peterson.<\/p>\n<p>He was arrested and prosecuted pursuant to a felony complaint.\u00a0 Initially, a judgment WAS signed by the judge and clerk and filed in the court records (<em>the judge followed proper procedure<\/em>).\u00a0 However, when the Commitment Judgment of Death was overturned and Scott was resentenced, I found no Judgment of Conviction in the Superior Court records.\u00a0 Therefore, it is reasonable to conclude that no JOC will be found in his CDCR Central File.<\/p>\n<p>Documents that I&#8217;ve extracted from the court files of Scott Peterson\u2019s case evidence his illegal arrest, prosecution, trial, conviction, and imprisonment; and demonstrate that \u2014as a matter of law\u2014 he is entitled to immediate and unconditional release.\u00a0 This applies to most persons who have been \u2014or are now\u2014 incarcerated in California.<\/p>\n<p>I include Scott Peterson&#8217;s actual court documents and explain their deficiencies in my legal treatise entitled <a href=\"https:\/\/sovereignhope.org\/wp-content\/uploads\/2024\/03\/GAAE-SP-3292024.pdf\"><em><span style=\"text-decoration: underline;\">Governmental Authoritative Abuse Exposed<\/span><\/em><\/a>.\u00a0 Upon review, I&#8217;m confident you will see that these deficiencies also apply to your situation.<\/p>\n<h6 style=\"text-align: center;\"><a href=\"https:\/\/sovereignhope.org\/wp-content\/uploads\/2024\/03\/GAAE-SP-3292024.pdf\">Link to Scott Peterson Analysis &amp; Documentation<\/a><\/h6>\n<p>The procedural jurisdictional defects fatal to the state\u2019s prosecution of the Peterson case are exemplary of 98% of all \u201cfelons\u201d who have been \u2014and are now\u2014 imprisoned in California; and 100% of those whose cases were initiated by the state via a felony criminal complaint.<\/p>\n<p>My focus is not on Scott Peterson\u2019s \u2014or any \u201cfelon\u2019s\u201d\u2014 innocence or guilt.\u00a0 My focus is on the proper Constitutional application of due process guarantees of lawful arrest, trial, and imprisonment.<\/p>\n<p>If you or a loved one was prosecuted via a felony complaint, you were illegally prosecuted and CDCR has no court order to hold you.<\/p>\n<h6 style=\"text-align: center;\"><span style=\"color: #800000;\"><strong>End of story<\/strong><strong>.\u00a0 <\/strong><strong>Go home.<\/strong><\/span><\/h6>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>As a legal researcher with over 40 years of experience, I am not only intimately familiar with Federal and California Law; I was also personally subjected to this miscarriage of justice.<\/p>\n<p>While in prison, I researched and verified the \u201cunlawful imprisonment\u201d of my person by the State and found the practice to be common; presenting a civil rights issue of statewide significance and Constitutional magnitude.<\/p>\n<p>I was astounded to find that a simple abandonment and misrepresentation of legally required documents throws the legitimacy of the entire state prison system into legal jeopardy.<\/p>\n<p>Since my discovery of these critical jurisdictional flaws in 2019, I have sent certified communications to Governor Gavin Newsom and Vice President Kamala Harris, the former California Attorney General, and to CDCR, see\u00a0<span style=\"text-decoration: underline;\"><a href=\"https:\/\/img1.wsimg.com\/blobby\/go\/0db9b71c-e6d7-4f3c-bcf7-53aec64b5ce4\/Oath%20Breakers.pdf\">Oath Breakers<\/a><\/span>, giving notice of the flaws and demanding they follow the law.\u00a0 I have NEVER received a response.<\/p>\n<p>The above parties, failing to respond to my demands for the production of a JOC and the release of myself and others, have tacitly admitted the state\u2019s financial liability for the false imprisonment of hundreds of thousands of persons&#8230; because detention without authority \u2014as a matter of law\u2014 requires the immediate release of all such prisoners, their financial compensation, and the involved public employees&#8217; accountability.<\/p>\n<p>I have followed every administrative procedural step at my disposal seeking to bring this matter to the attention of the governmental persons responsible for correction and relief, to no avail.<\/p>\n<p>Sadly, without the help of caring people like you, this travesty of justice will continue.\u00a0 I am appealing to your moral integrity, patriotism, and desire to expose this governmental misconduct to help correct this most basic flaw<em> (it\u2019s an easy fix\u2026 just follow the law)<\/em>&#8230;\u00a0 and secure the release of our loved ones who are wrongly imprisoned.<\/p>\n<p>The research is complete.\u00a0 I have shared the law, documentation, and evidence with you.<\/p>\n<p>Here is one of the actions I have taken.\u00a0 See<span style=\"text-decoration: underline;\">\u00a0<\/span><a href=\"https:\/\/img1.wsimg.com\/blobby\/go\/0db9b71c-e6d7-4f3c-bcf7-53aec64b5ce4\/July%2015%202023%20Letter%20J%20Macomber%20CDCR.pdf\"><span style=\"text-decoration: underline;\">July 15 2023<\/span>, <span style=\"text-decoration: underline;\">Letter J Macomber CDCR<\/span><\/a>\u00a0and\u00a0<span style=\"text-decoration: underline;\"><a href=\"https:\/\/img1.wsimg.com\/blobby\/go\/0db9b71c-e6d7-4f3c-bcf7-53aec64b5ce4\/CDCR%20Coup%20De%20Grace.pdf\">CDCR Coup De Grace<\/a><\/span>.<br \/>\n<em>\u00a0 (No, I have not received a response)<strong>.<\/strong><\/em><\/p>\n<h6 style=\"text-align: center;\"><span style=\"color: #800000;\"><em>God\u2019s word is spot on! <\/em><\/span><br \/>\n<span style=\"color: #800000;\"><em>\u201cA servant will not be corrected by mere words; <\/em><\/span><br \/>\n<span style=\"color: #800000;\"><em>for though he understands, he will not respond.\u201d <\/em><\/span><br \/>\n<span style=\"color: #800000;\"><em>Proverbs 29:19 NKJV.<\/em><\/span><\/h6>\n<p>&nbsp;<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignleft\" src=\"https:\/\/sovereignhope.org\/wp-content\/uploads\/2024\/03\/Lonnie-Dan-picture-e1711757953702.jpg\" width=\"320\" height=\"399\" \/><\/p>\n<p>The handsome duo in the picture is my son Daniel and me\u2026 50 years ago! Dan, my best friend and partner, went Home to be with the Lord in 2018 &#8230;while I was in prison, illegally.\u00a0 The last week of his life, while on the phone discussing the truths I\u2019d learned, Dan said &#8220;Dad, you&#8217;re right, but they don&#8217;t care, they just don&#8217;t care.&#8221;\u00a0 I reminded him that as One of the People, \u201cthey\u201d work for us and it is our responsibility to make our employees comply with the law.\u00a0 If we don&#8217;t who will?<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><em>Thank you for your prayers and support.<\/em><\/p>\n<p><em>Lonnie G. Schmidt <\/em><br \/>\n<em>Advocate, Legal Researcher, Captain USAR<\/em><\/p>\n<p>&nbsp;<\/p>\n<blockquote>\n<h5><span style=\"color: #800000;\"><em>If the enclosed information touches your heart and instills a sense of hope and direction for you, please consider going to the GiveSendGo website (<a href=\"https:\/\/www.givesendgo.com\/F4FWOP\"><span style=\"text-decoration: underline;\">Fighting 4 Freedom<\/span><\/a>) and making a contribution to defray our research, production and overhead expenses.\u00a0 Your active participation will be greatly appreciated.<\/em><\/span><\/h5>\n<\/blockquote>\n<p><strong>FOOTNOTES<\/strong><\/p>\n<ol>\n<li>\u201cProsecution for felonies in this state, so far as the mode of prosecution is concerned, are governed by the constitution of the state, which in section 8 [14] of article I provides for prosecution either by information or indictment.\u00a0 The Penal Code, in conformity with the constitution, outlines the procedure of prosecution by indictment as well as by information.\u2019\u00a0 <em>People v. Wallach<\/em>, (1926) 79 Cal.App. 605, 608.\u00a0 \u2018Accordingly, the <u>first pleading by the prosecution<\/u>, in a felony case may be either an <u>indictment<\/u> or <u>information<\/u>.\u2019 (4 Witkin &amp; Epstein, Cal.Criminal Law (3d Ed. 2000) Pre-trial Proceedings, \u00a7 169, p. 374; emphasis in original.)\u201d <em>Guillory v. Superior Court<\/em>, (2003) 31 Cal.4<sup>th<\/sup> 168, 173-174.<\/li>\n<li>\u201cHere, there is no argument a valid information was not filed at the outset of the case. \u2026 Failure to file an information is an irregularity of sufficient importance to the functioning of the courts that the parties cannot cure the irregularity by their consent to the proceedings.\u00a0 (See, <em>In re Griffin<\/em>, (1967) 67 Cal.2d 343, 348.)\u00a0 The Superior Court did not have jurisdiction to accept appellant\u2019s guilty plea or enter judgment against him.\u00a0 The judgment is reversed.\u201d\u00a0 <em>People v. Smith<\/em>, (1986) 187 Cal.App.3d 1222, 1224. Under California and federal law, no court can acquire jurisdiction to try a person for an offense unless he is charged in the particular form and mode required by law.\u00a0 And, a person may not be punished for a crime without a formal and sufficient accusation.\u00a0 <em>Albrecht v. United States<\/em>, 273 U.S. 1, 8 (1927); <em>People v. Vasilyan<\/em>; (2009) 174 Cal.App.4<sup>th<\/sup> 443, 449-50.<\/li>\n<li>\u201cThe government may not even be involved in the preparation, investigation and filing of a felony complaint.\u201d California Attorney General Bill Lockyer, in <em>People v. Viray<\/em>, (2005) 134 Cal.App.4<sup>th<\/sup> 1186, 1201.<br \/>\n<em>Why?<\/em>\u00a0 There is no constitutional or statutory authority for the State to initiate a felony prosecution by complaint, Calif. Const. Article I, \u00a7 14; Penal Code (PC) \u00a7 948, 949; there is no plea available to a defendant charged in a felony complaint, PC \u00a7 1016; and a \u201cfelony complaint\u2026 does not confer trial jurisdiction\u201d <em>Serna v. Superior Court<\/em>, (1985) 40 Cal.3d 239, 257.<\/li>\n<li><strong>California Penal Code (PC) 1207:<\/strong>\u00a0\u201cWhen judgment upon a conviction is rendered, the clerk must enter the judgment in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction, if any. A copy of\u00a0<strong>the judgment of conviction<\/strong>\u00a0<u>shall<\/u> be filed with the papers in the case.\u201d<br \/>\n\u201cJudgment of conviction is one signed by the judge.\u201d\u00a0 <em>Payne v. Madigan,<\/em> (1960 CA 9 Cal) 274 F.2d 702, affmd (1961) 366 U.S. 761, 6 L.Ed.2d 853, 81 S.Ct. 7, re. den. (1961) 368 U.S. 871, 7 L.Ed.3d 72, 82 S.Ct. 2 et seq.\u00a0 \u201cWhat shall be final process in criminal actions is prescribed in the four hundred and sixty-third section of the Act which regulates proceedings in criminal cases.\u00a0 It is a <u>certified copy<\/u> of the <strong>judgment<\/strong>\u00a0as entered in the minutes of the Court.\u201d\u00a0<em>Ex parte Gibson<\/em>, 31 Cal. 619, 622 (Cal. 1867).\u00a0 <em>(Emphasis added.)<\/em><\/li>\n<li><strong>California Code of Civil Procedure 664:\u00a0<\/strong>&#8220;In\u00a0no case is a\u00a0<strong>judgment<\/strong>\u00a0effectual for any purpose until entered.\u201d<\/li>\n<li><strong>PC 1202a: <\/strong>\u201cIf the judgment is for imprisonment in the state prison\u00a0<strong>the judgment<\/strong>\u00a0<u>shall<\/u>\u00a0direct that the defendant be delivered into the custody of the Director of Corrections at the state prison or institution designated by the Director of Corrections as the place for the reception of persons convicted of felonies, except where the judgment is for death in which case the defendant shall be taken to the warden of the California State Prison at San Quentin.\u201d<br \/>\n\u201c&#8217;when a judgment has been pronounced, a certified copy of the entry thereof in the minutes shall be forthwith furnished to the officer whose duty it is to execute\u00a0<strong>the judgment<\/strong>, and no other warrant or authority is necessary to justify or require the execution thereof, except when judgment of death is rendered.&#8217;\u201d\u00a0<em>Gibson<\/em>, supra at 623.<\/li>\n<li><strong>California Supreme Court:\u00a0 &#8216;<\/strong>the writ does not contain a certified copy of <strong>the judgment<\/strong>, nor does it appear that such copy was furnished to the officer whose duty it was to execute the judgment.\u00a0 The prisoner is therefore entitled to his discharge, and it is so ordered.\u2019\u201d\u00a0 Id. <em>Gibson<\/em>, 623.<\/li>\n<li>It\u2019s long been settled that there is no authority for restraint of liberty \u201cin the absence of a judgment<br \/>\nentered on record.\u201d\u00a0 (<em>In re Rick<\/em> (1952) 112 Cal.App.2d 410, 413.)\u00a0 This due process\/equal protection<br \/>\nrequisite is well and long-held: <em>Ex parte Dobson<\/em> (1867) 31 Cal. 497, 490 (detainee released where<br \/>\ntrial record contained no \u201cjudgment\u201d document); <em>In re Application of Bost<\/em> (1931) 214 Cal. 150, 153-<br \/>\n154 (same); <em>People v. Sourisseau<\/em> (1944) 62 Cal.App.2d 917, 929 (same).<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<blockquote>\n<h6 style=\"text-align: center;\"><span style=\"color: #0000ff;\"><em>Administrator&#8217;s Note&#8230;<br \/>\nThe topic of Authoritative Abuse has been \u2014and continues to be\u2014 a key element in understanding the<br \/>\nFounders&#8217; intent and creation of a citizen-owned and controlled Constitutional Republic.<\/em><\/span><\/h6>\n<h6 style=\"text-align: center;\"><span style=\"color: #0000ff;\"><em>If you want a broader understanding of Authoritative Abuse,<br \/>\nand how it&#8217;s dramatically affecting our country today,<br \/>\nplease check out the Sovereign Hope Article&#8230;<br \/>\n<span style=\"text-decoration: underline;\"><a href=\"https:\/\/sovereignhope.org\/index.php\/authoritative-abuse\/\">AUTHORITATIVE ABUSE<\/a><a href=\"https:\/\/sovereignhope.org\/index.php\/authoritative-abuse\/\">.<\/a><\/span><\/em><\/span><\/h6>\n<p>&nbsp;<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Administrator&#8217;s Note: All of the information on this page is the Proprietary Work Product of Lonnie G. Schmidt. I am including it on the SH website because it exemplifies a specific example of Unconstitutional Authoritative Abuse within the California Legal &amp; State Prison System. Presented by Lonnie G. Schmidt Advocate, Legal Researcher, Captain USAR &nbsp; [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2586","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/pages\/2586","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/comments?post=2586"}],"version-history":[{"count":80,"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/pages\/2586\/revisions"}],"predecessor-version":[{"id":3118,"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/pages\/2586\/revisions\/3118"}],"wp:attachment":[{"href":"https:\/\/sovereignhope.org\/index.php\/wp-json\/wp\/v2\/media?parent=2586"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}