Federal Criminal Complaint: Exhibits List A-Q (city, state) & 1-8 (feds)
49 Hanover Street, Malden, MA 02148 Tel: 781 324 1989
Complainants: Edward "Zed" McLarnon ("McLarnon") as coordinator of the Hanover Street Coalition (signatures attached), which is comprised of every homeowner and renter on Hanover Street, are victims of 36 man-made floods that started in 1994 caused by over-development and faulty and overburdened City and corporate drainage systems that have destroyed our property, home-businesses, rental apartments (See Exhibit P letter from Massachusetts Inspector General).
We are not in a flood zone! The floods represent a continuing Public Health and Public Safety Issues caused by over-development by City officials that used fraudulent drainage system maps (Exhibit F) to gain state and federal funds for projects to which they were appointed to executive positions and have made financial gains (See Exhibit G). Falls that occurred while fighting floods caused Social Security Administration physical disabilities and documented dental trauma. (See Addendum Exhibit 7, 8 & 9
We have been targeted and are victims of overt hate-crimes by attorneys and judges including the illegal alteration of state and federal court records to usurp the judicial process and overthrow the Constitution by ending jury trials and civil redress, and fraud on DOJ letterhead to cover up the "crimes against the US Government and treason" by judges that accept public funds while openly mocking the Constitution, rule of law, their oaths of office and professional oaths of defendant attorneys from the bench (See Addendum Exhibits 2 & 3 for Judge Zobel’s anti-American boasts) in open defiance of President Obama and Attorney General Eric Holder’s pledge to Congress and the American people to "return to the Constitution and rule of law" revealing that they are unsupervised by complicit DOJ officers and mad with power.
Our city councilman and state representative, both of whom gained financially as attorneys for the city’s commercial development projects, violated subpoenas to appear and testify in our behalf at trial (Exhibit J); and allowed the Mayor’s perjury to go uncontested.
Complainants relinquish not one of their constitutional rights to any judicial or legislative jurisdiction that may conflict with the Constitution that assures government will "promote the General Welfare" and assures "all men" have equal legal standing before the law. We want the perpetrators prosecuted to the full extent of the law. No matter how connected they are – or ‘if the heaven’s fall" as their corruption incites appropriate feelings of anger, vengeance and patriotic violence to protect the Constitution.
Complainant McLarnon has been a forensic investigator whose credentials as an expert witness have been accepted by Massachusetts and Pennsylvania courts and U.S. District Court.
1) Complaints: The illegal alteration of transcripts and dockets in state and federal courts to usurp the judicial process as hate-crimes to destroy Complainant and the other members of the Hanover Street Coalition arising from (A) Civil Action #MICV2001-660, Middlesex Superior Court, Cambridge, MA (hereafter "Superior Court") & (B) Civil Action 1 06-cv-11815 RWZ - & (C) 1-09-cv-10049-RGS U.S. District Court/Boston (hereafter "District Court."). First Amendment and Sue Process rights were willfully violated to usurp the judicial process and deny jury trials and civil redress.
- City drainage system maps have been fraudulently manipulated to gain building permits and plunder federal funds and develop without upgrading the drainage system for projects to which city officials were appointed as executives and gained financially, meeting RICO elements.
Illegally altered city drainage system maps
Malden drainage system maps have been altered with a "penciled-in" pipe (Exhibit F) from Hanover St. to the canal that is depicted as functioning properly. This is the fraud that has existed throughout this case. The fraudulent drainage system maps were used to obtain state and federal funds to develop Malden, when in fact city engineers, Jack Russell and Jack Kelly, testified that the pipes were "hydraulically deficient" and did not drain into the canal, but merely held water until it spilled over into the houses on Hanover Street. Malden failed to provide a dye-test showing water from Hanover Street reaches the canal. They could not provide pictures of the pipe being inspected or repaired over the last 45 years in spite of their testimony they used mini-cameras to inspect the pipe.
DOJ Agencies willfully used fraud on agency letterhead and knowingly used the US Mail to further their fraud used to cover up the crimes in state and federal courts and agencies. See Addendum Exhibit 5, DOJ Communications, which includes a letter from Senator Ted Kennedy recognizing FBI wrongdoing (See Addendum.
On March 15, 2010 complainants were victimized by the first of four floods this year, thirty-six (36) since 1994. Losses from the floods include destruction of finished basements and rental apartments, home-businesses and rental property, driving Complainant out of business, into bankruptcy and foreclosure, etc.
SSI physical disabilities were awarded as a result of falls while fighting floods, and SSI psychological disabilities awarded based on "judicial corruption" and "judicial malfeasance" that continues to "undermine medical treatment" (See Addendum Exhibits #7 & #8). Complainants’ neighborhood is a public safety issue and public health issue. Complainants are not safe in their homes!
A. Sedition & Treason – Alteration of Court Records (Hate- crime) with a goal to overthrow the Constitution by Ending Jury Trials and Civil Redress. The U.S. Supreme Court has repeatedly ruled that judges/court personnel that "act without jurisdiction, violate their oath of office" US v. Will 449 U.S. 200, 216, 101 St.Ct.471, 66l.Ed.2d 392, 406 (1980) "any judge who acts without jurisdiction is engaged in crimes against the U.S. Government and treason,"; Cohens v. Virginia 19 U.S. (6Wheat) 264, 404, 5L.Ed.257 (1821), "Engaging in an act of treason against the United States Constitution by any citizen of the United States is an act of war against the Unites States," Cooper v. Aaron, 358 U.S. 1, 78 S.Ct.1401(1958) (hereafter "Supreme Court citations").
Complainant’s civil rights have also been violated by altered Government records: Amendment I – "to petition the government for a redress of grievances" with a true and accurate record.
Amendment IV – "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," (Use of our houses as holding tanks for the city’s drainage system. Theft and Destruction of Superior Court Exhibits submitted by Complainant).
Amendment V – "nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Amendment VII – "the right of trial by jury shall be preserved".
Financial gain from crimes – (See Exhibit G, "Financial Motive") RICO fraud of state and federal grants, criminal conspiracy in state and federal courts under color of law, illegal manipulation of state and federal court records, fraud upon the courts and perjury - and assaults and threats have been used by case Defendants, state and federal judges and Bar members to cover up Malden, MRA and Water Works, Inc.’s liability for causing floods that started in 1994 and continue to this day destroy complainants’ neighborhood, homes, home businesses and destroy our health and physical well-being.
City of Malden perpetrators – Mayor Richard Howard, Chief engineer Jack Russell, Malden Redevelopment Authority Stephen Wishoski, lawyer Ed Wheeler, engineer Gary Stead… have admitted guilt pursuant to Fed.R.Civ.P. Rule 8(d). Water Works, Inc. perpetrators Damon Moore, atty. Leo P. DeMarco II State Actors – Herman Smith, Christopher Fallon, John D. Lynch have admitted guilt pursuant to Fed.R.Civ.P. Rule 8(d). Complainant’s attorney, Gregory Hession. Criminals posing as federal judges and court personnel: USDC/Boston Judge Rya Zobel, her clerk Jay Johnson, civil clerks Lisa Urso, Mike Cataldo, "Jane Doe", court reporter Catherine Handel, USDC Chief Judge Mark L Wolf, First Circuit Chief Judge Sandra Lynch, First Circuit Chief Executive Gary Wente and USDC Judge R.G. Stearns illegally altered and/or used fraud in rulings to cover up the illegal alteration of Complainant’s transcript and docket in US District Court. Criminals posing as FBI officials: Director Robert Mueller, who refused to respond to our complaint, Public Corruption Unit Chief Luis Velez, Jr., Boston SAC Warren Bamford & Supervisor John T. Foley, Assistant Director Investigations Kenneth Kaiser, and Initial Processing Unit Chief Angela L. Byers, Criminals posing as US Marshals: Acting Chief/Boston David Taylor, Alison Hodgkins and Director John Clark. Clark refused to respond, Criminals posing as DOJ-OIG Officials: SAC Glenn Powell, SAC James E. Tomlinson, Director Glen Fine. Fine refused to respond: Criminals posing as US Attorneys/Boston: Michael Sullivan, and Carmen Ortiz. Sullivan refused to respond.
Malden Mayor Howard, US Rep Ed Markey and the MRA all of whom benefited financially (Exhibit G) suborned state and federal judges and DOJ officials to illegally alter state and federal court records, Addendum Exhibits 1, 2, 3 & 4 – and a cover-up by the Obama/Holder DOJ Exhibit 5.
All city and state actors made admissions of guilt! (See section 12 & 13 and Exhibit A’s Affidavit of Truth). Almost all plunder federal funds while committing "crimes against the US Government and treason".
4) Background Facts The City of Malden and Malden Redevelopment Authority ("MRA") Defendants have overdeveloped Hanover Street’s section of Malden without up-grading the drainage systems since the early 1960’s (Engineers reports and testimony in Exhibits H & I). Over-development exceeded the drainage system’s capabilities in 1994. As a result, all medium-to-heavy rainfalls created over thirty (33) floods since 1994 in a section of town that is not in a flood zone. The underlying case civil action in Superior Court was a Nuisance and Neglect lawsuit regarding these floods, several of which were FEMA-involved disaster floods. The court records in the underlying case (Superior Court) and the instant case (U.S. District Court) have clearly been criminally altered to subvert the judicial process, and overthrow the Constitution by ending jury trials and civil redress. As the coordinator of the Hanover Street Coalition, McLarnon has been singled-out for destruction in hate-crime fashion, including several threats and two assaults. This Complaint w/Exhibits meet all elements of racketeering & RICO schemes committing sedition and treason.
No Injunctive Relief from State & Federal Judges Since 2002 Since March 15, 2010, four floods have occurred this year proving Mayor Howard’s perjury at trial (Exhibit M) and his claim "There are no floods on Hanover Street" (Exhibit Q) as fraud upon city and state officials (Exhibit P). The state actor defendants and the Respondents of the Affidavit of Truth (Exhibit A) caused the dental trauma (Exhibit 5) and SSI disability (Addendum Exhibit 7) by allowing Public Safety and Public Health Issues to continue to victimize members of the Hanover Street Coalition.
A. Superior Court: Civil Action #MICV2001-660 A criminal conspiracy occurred before, during and after the state trial as documented in McLarnon’s USDC civil rights complaint. First, Malden refused to supply city rainage system maps despite Discovery requests until the judge threatened sanctions. The defendants, including McLarnon’s attorney, Gregory Hession (hereafter "Hession") met in secret and conspired to ban the authentic City of Malden Drainage System Map at trial, which depicts NO PIPE from Hanover Street to the state canal (Exhibit B). The map and a blow-up of Hanover Street area were submitted to the court as Exhibits 4 & 5. Hession and McLarnon obtained the map from the Malden Engineering Dept. and submitted it as a bona-fide city document, which is signed and date-stamped (Exhibit B).
After the Defendants and Hession met, Exhibits 4 & 5 of the Superior Court Exhibits List were withdrawn without McLarnon’s knowledge or consent, and stolen from McLarnon. Exhibit B of this complaint contains the Superior Court Case Docket that clearly shows Exhibits 4 & 5 as crossed out.
Malden Defendants submitted a fraudulent Drainage System Map that depicted a "penciled-in" pipe from Hanover Street to the state canal AS FUNCTIONING PROPERLY. The "penciled-in pipe" is the only pipe on the map with no diameter or depth measurements (See Exhibit F).
The trial lasted five half-days. Hanover Street Coalition members testified as eyewitnesses to water being drained into their backyards from Water Works, Inc. property and Hanover Street’s drainage system overflowing, both of which rise, join together and flood their cellars: photographs of the street inundated with floodwater, backyards flooded and photos of Water Works drainage system pipes dumping their drainage water into coalition members’ backyards and rivers of water flowing down Hanover Street from higher grounds; newspaper articles containing quotes of City engineer Jack Russell and city councilman Stephen Finn committing to fix the drainage system and address the water coming from Water Works Inc.; the expert testimony of Russell Geisser and city engineers Jack Russell and Jack Kelly, all of whom identified that there were two sources of the floods: the city’s drainage system and the Water Works Supply’s drainage system (Quotes and testimony in Exhibits D, E, I, J, K, & M.
In contrast, Defendants put a meteorologist on the stand that claimed the 1998 flood – one of several FEMA-involved disaster floods – was a 100-year flood. But Exhibit 10 of the Superior Court Exhibit List (in Exhibit B) shows that a Flood Zone Map was introduced into evidence showing that Hanover Street is not in a hundred-year flood zone. Malden City engineer Jack Kelly also testified "Hanover Street is not in a hundred-year flood zone." EPA Flood Zone maps were submitted as proof – See Superior Ct. Exhibit List in Exhibit B. Hanover Street is not in ANY flood zone!
The Defendants submitted no evidence or expert witness testimony to counter the photo exhibits the newspaper articles’ w/commitments of city officials, the eyewitness testimony or the testimony of three expert civil engineers. Defendants submitted no relevant evidence – NONE! Their quotes in newspaper articles and testimony (Exhibits D, E, H, I, J & M) discredit the drainage system map
The Defendants called a sidebar. After this secret meeting, Defendant Judge Smith emerged, dismissed the jury and stated that he had dismissed the case via a Directed Verdict. The jury, McLarnon and coalition members were stunned.
Hession, McLarnon’s attorney, refused to answer McLarnon’s questions about the details of what occurred in the sidebar meeting. Hession broke off communication with McLarnon and stole his case file and records – including the above-mentioned Exhibits 4 & 5 City Drainage System Master map (Exhibit B).
1- Altered transcript
McLarnon paid almost three thousand dollars, but the court did not produce a transcript of the trial for almost two and a half years. Several sections of the presentation of material evidence have been removed from the transcript. McLarnon called John D. Lynch, the court reporter, to inquire as to why these sections are missing. When McLarnon asked him if he remembered Russell Geisser stating that "even if the pipe is there, it doesn’t work," Mr. Lynch stated he did remember Mr. Geisser’s statement. Mr. Lynch could not explain why it and other material testimony is missing from the transcript.
2. Drainage System Maps (Two contradictory sets)
EXHIBIT C is a scan of the Malden Drainage System Master map (hereafter "MAP"), "newly acquired evidence" the Coalition obtained from the U.S. Environmental Protection Agency (hereafter "EPA"). The EPA received the map from Fay, Spoffard & Thorndyke, a nationally recognized engineering firm and long-time consultants to the City of Malden. The map depicts a cause of the floods - NO FUNCTIONING PIPE from McLarnon’s street to the canal. This Map and Exhibit B’s identical map (Stolen Map) are in stark contrast with EXHIBIT F, the discredited map that defendants used at trial with "penciled-in pipe" that is depicted as functioning properly.
This MAP (Exhibit C) of Malden Drainage System replaces the identical map the defendants withdrew from the Superior Court Exhibits (Exhibit B) without his knowledge or approval and stole it from McLarnon where he had submitted it for use at trial. All defendants conspired in a secret meeting to steal the MAP from McLarnon and bar all reference to the map at trial. Theft of government documents and McLarnon’s evidence is a clear violation of U.S. Codes (See Jurisdiction Section), and violated McLarnon’s First Amendment right to petition government for redress of grievances.
The MAP (Exhibit C) is material evidence that proves the similar map (Exhibit B) that Defendants barred from the trial and stole from McLarnon was the genuine map and the map Malden submitted to the court with "penciled-in" pipe (Exhibit F) is a fraud. Unlike the other pipes on the fraudulent map, the "penciled-in pipe" has no diameter or a depth measurement despite the fact that is was installed in the early 1960’s.
The above-listed defendants knowingly usurped the judicial process and poisoned the court record in Superior Court with fraudulent Drainage System maps and decided the outcome of the case in a secret meeting resulting in the judge releasing the jury and dismissing the action via a Directed Verdict ruling with no evidence submitted to support it - or counter the eyewitness testimony, Exhibit photos and the testimony of three civil engineers, two of which were Malden engineers, that identified Malden’s drainage system and Water Works drainage system as the causes of the floods. This corroborated newspaper interviews about Malden’s commitments to
– A fraud upon U.S. District Court was perpetrated by Defendants Edward Wheeler*, Richard Howard *, Stephen Wishoski, Jack Russell, Jack Kelly, Gary Stead, Damon Moore, Leo P. Demarco II*, and Gregory Hession* (* indicates attorneys who knowingly violated their professional oaths as well as U.S. Codes and the U.S. Supreme Court rulings cited below as "Supreme Court Rulings"). The case docket, case file and transcript have been criminally altered to usurp the judicial process, deny justice and overthrow the Constitution by ending jury trials and civil redress.
1) Illegally Altered Docket:
False Docket Entries #7, & #9 (Addendum Exhibit 1) regarding service to Malden and Malden Redevelopment Authority (MRA) defendants are fraudulent entries that the District Court civil clerk, Jay Johnson, and Judge Zobel refused to correct when in defiance of motions with attached USPS signed Return Receipts (See Addendum Exhibit 1) that exposed the docket entries as fraudulent that prove Malden defendants were properly served at the Malden Solicitors Office, their legal representative, and NOT the Malden Redevelopment Authority as the fraudulent docket entry #7 states. And, Stephen Wishoski was properly served at his office, the Malden Redevelopment Authority.
In spite of receiving "strict proof" (Addendum Exhibit 1) USPS documents, Judge Zobel refused to correct the docket entries and knowingly dismissed Complainant McLarnon’s case based on fraudulent docket entries #7 and #9.
Docket Entries #29 – 32 are fraudulent docket entries: Malden defendants knowingly submitted a fraudulent certificate of service certifying to the court that they properly served McLarnon with motions. When informed via Motion to Correct the Record (docket Item 33), Malden Defendants failed to provide any motions and Judge Zobel refused to correct the record. McLarnon’s Motions for Special Relief with attached Exhibits documents that Judge Zobel allowed Malden defendants to fraudulently manipulate the case docket. Judge Zobel refused to place criminal and/or professional sanctions on the Defendants in violation of Judicial Canons.
In the Affidavit of Truth (Exhibit A), Judge Zobel, Chief, Judge Wolf and several clerks could provide no evidence to counter the affidavit’s truthful statement they "take their salaries fraudulently" and are "in forfeit of their office." Judges are not covered by "good-faith immunity" if they "act outside of their jurisdiction" as is the case with Superior Court Judge Herman Smith, District Court Judge Rya Zobel and Chief Judge Mark Wolf who altered court records. All other defendants acted in collusion with the illegal alteration of state and federal court records judges and participated in "crimes against the U.S. Government" in state and federal court under cover of law - to cover up Malden Defendants commercial development racketeering scheme that plunders state and federal grants with fraudulent drainage system maps.
McLarnon submitted a Motion to Correct the Docket (Docket Item 33) with attached U.S. Postal Service Return Receipts and postage info indicating the Malden defendants were properly served at the Malden Solicitors Office. Judge Zobel and clerk Jay Johnson refused to correct the docket – and knowingly used the United States Postal Service to forward fraudulent dockets to usurp the judicial process and overthrow the Constitution by ending jury trials and civil redress. McLarnon showed his motion’s Exhibits to eyewitnesses who were present at the Status Hearing. Their affidavits corroborating the manipulation of the docket sheet are attached as Addendum Exhibit 4
5) Suppression of Evidence: Judge Rya Zobel and her clerk, Lisa Urso suppressed a material affidavit (Affidavit of Edward "Zed" McLarnon Regarding Alterations of Trial Transcript) presented by McLarnon to the defendants and the clerk, Lisa Urso, in the Status Hearing of 6.6.07. The case docket was manipulated to omit the affidavit. McLarnon submitted his Motion to End Corruption and Correct Docket. Then, and only then, was the affidavit entered onto the docket.
As a result, Complainant is deprived of his First Amendment right to petition government – when government itself is altering government records.
8) Public Safety and Public Health Issues Cause SSI Disabilities
Judge Zobel also ignored a "public safety issue" and "public health issue" when she ruled to allow the floods to continue to destroy the homes and lives of Hanover Street residents - including McLarnon’s property. In the Motion for Injunction (Docket Item #16, McLarnon documented with dental records and a FEMA check that he sustained $34,000.00 in dental trauma in the May 15, 2006 flood that occurred 12 years and almost thirty floods after they began in 1994. FEMA inspectors and McLarnon’s dentist documented the trauma and mouth reconstruction (Addendum Exhibit 6). This flood occurred seven years after the Hanover Street Coalition was established to find a solution for the flooding that started in 1994! McLarnon’s Motion for Injunction (docket Item 16) has as Exhibits the testimony of Malden chief engineer, Jack Russell, and city engineer Jack Kelly. Their testimony and the testimony of Coalition expert witness Russell Geisser, revealed that Malden installed a pipe to the canal in the 1960’s that doesn’t work. Yet, the Drainage System Master map that defendant Ed Wheeler and the City of Malden submitted to the court depicts the penciled-in pipe as functioning properly!
On pg. 35/ln. 22 of the Transcript (Exhibit 3), there is a jump in context where material evidence is missing regarding questions to the court about the "public safety issue" and the judge’s deliberate delays.
At the Hearing on 6.6.07 Judge Zobel stated that she would expedite her ruling on McLarnon’s Motion for Injunction (docket Item #16). She took several more months and in defiance of all evidence including Malden’s own engineers and the expert witness of the coalition all of who testified the drainage system was "hydraulically deficient", Judge Zobel denied the Injunction. Since then, four floods negatively impacted Hanover Street and caused documented physical and psychological disabilities.
9) Physical Disabilities Judge Zobel had irrefutable evidence that the drainage system is faulty and the floods are a public safety issue as Judge Zobel acknowledged that McLarnon had fallen and smashed his teeth in the May 16, 2006 in the status hearing. The Motion for Injunction (Docket Item 16) was submitted on 4.5.07. Since her ruling three floods in 2008 occured – one of which McLarnon fell and sustained an injury to his spine. He was awarded a permanent Social Security Insurance physical disability as a result of the slip and fall he suffered in 2008 – caused by the Defendants in collusion with Judge Zobel and the other Respondents of the Affidavit of Truth (Exhibit A).
More floods occured on Hanover Street on March 15 & 30, 2010, and June 10th and July 1, 2010 (Exhibit R) the fourth caused by defendants and Judge Zobel who’s ruling to allow the floods and .the Defendants’ racketeering scheme to continue to destroy the lives of everyone on Hanover Street.
C) Second District Court Civil Rights Lawsuit (1-09-cv-10049-RGS)
Judge Stearns refused to allow McLarnon to serve the defendants. McLarnon was ordered to submit his evidence. For more than a year Judge Stearns has allowed the defendants that the evidence proves illegally altered District Court dockets and transcripts to continue to operate the US Courthouse as a criminal enterprise and continue to allow the defendants to take their salaries fraudulently as they continue to overthrow the Constitution by using illegally altered records to deny jury trials and civil redress.
During this time Judge Stearns’ deliberate delays allowed two more floods to occur leaving Hanover Street as a public safety and public health issue. Dr. Vincent Vindice, Chief of Mental Health Unit at Mass. General Hospital has been following Judge Stearns’ actions and has documented his actions against McLarnon as "professional malfeasance." During this time Judge Stearns and the other defendant federal judges that allowed the Superior Court to continue to operate as a criminal enterprise
COMPLAINANT TURNS TO MENTAL HEALTH COMMUNITY TO CONFIRM EXHIBITS AND REALITY!!
10) SSI Disability Caused by "Judicial Corruption" and "Judicial Malfeasance" Social Security Administration awarded Complainant a disability (Exhibit 7) as a result of the overt "judicial corruption" of the defendant judges, clerks, court reporters, attorneys, etc. Exhibit 8 is a letter from Dr. Vincent Vindice, Chief of MGH Mental Health Unit corroborating SSI’s disability award to Complainant. Dr. Vindice details the "Judicial corruption" and "Judicial Malfeasance" that is preventing him ad his staff from providing medical relief for McLarnon. Judge Zobel "acted without jurisdiction" and knowingly based her rulings on a criminally altered case docket and transcript. The crimes and the adjudication can’t be separated they are one and the same.
11) USDC Chief Judge Wolf McLarnon’s "Motion for Special Relief/Wolf" pleaded to Chief Judge Wolf to "exercise authority" over Judge Zobel and her clerks "without the need for a transcript" – pleading to the Chief Judge to stop the corruption BEFORE THEY ALTERED THE TRANSCRIPT, and committed more crimes against the U.S. Government under color of law. Exhibits A -AffidTruth: Respondents and court reporter Catherine Handel knowingly and willfully forwarded to the U.S. Appeals Court a criminally altered court record to perpetrate a fraud on a "branch or department of government" to usurp the appellate process with criminally altered court records. AffidTruth Respondents knowingly and willfully used the U.S. Mail to forward a docket that was criminally altered. Court reporter, Catherine Handel has refused McLarnon’s request for a signed copy of the transcript forwarded by U.S. Mail. McLarnon has no signed or otherwise official transcript upon which to petition government for redress of grievances. Yet, after having been informed, the Appeals Court has willfully and maliciously issued default against McLarnon. This helps defendants who have now corrupted the judicial process in a fourth department of government – the U.S. Appeals Court.
Exhibit 1 – 4 of the Complaint Addendum explain each detail of the criminal alteration of the docket (In Exhibit 1) and transcript (Exhibit 3) using USPS documentation (Exhibit 1) and the affidavits of six eyewitnesses (Exhibit 2).
The USDC case Defendants, including attorney Ed Wheeler and MRA’s Stephen Wishoski, participated in a criminal conspiracy in District Court under color of law. They used fraudulent drainage system maps (Exhibit F) to perpetrate a fraud upon the Superior Court and District Court since 2001, and perpetrated a fraud upon state and federal government agencies such as MassDEP, EPA, FEMA and SBA.
16) Financial Motive for Crimes (Exhibit G) The above cited "crimes against the U.S. Government" were perpetrated to cover up a commercial development scheme run by the City of Malden and the Malden Redevelopment Authority defendants that obtained permits to develop using fraudulent City of Malden Drainage System maps (Exhibit F). These maps were used to plunder state and federal grants, including the Tele-Com City Project. Malden’s Mayor, defendant Richard Howard, was appointed head of Tele-Com City. Malden-bred U.S. Congressman Ed Markey obtained the federal grant to fund the Tele-Com City project. Combined Properties bought up the real estate previous to the announcement to the public of the proposed project. See Exhibit G - FINANCIAL MOTIVE – the Boston Herald news article of kickbacks in the form of campaign contributions from Tele-Com City executives to Ed Markey. Tele-Com City was built with federal funds obtained by Malden bred Congressman Ed Markey with permits obtained from EPA and MassDEP – Malden knowingly supplied both agencies with fraudulent drainage system maps and used fraud in their applications stating that Hanover Street drainage system had an outlet to the sea and the system was functioning normally. FRAUD (See Exhibits B, C & F contradictory drainage system maps).
McLarnon submits this criminal complaint under pains and penalties of perjury this
9th day of September 9, 2010
Exhibit A Affidavit of Truth – Respondent U.S. District Court judges & clerks had three legal opportunities to provide the notary public with evidence to counter the statements of truth. They could not refute evidence of crimes and were served with civil and criminal notice. Exhibit B Stolen Map w/NO Pipe – Defendants stole from Superior Court Exhibits. Authenticated with Engineering Dept. stamp, signature of engineer & date. - Superior Court. Docket with Trial Exhibits # 4 & 5 crossed-out. Exhibit C EPA map w/NO PIPE and letter from Todd Borci/EPA identical to andauthenticates Stolen Map (Exhibit B). It depicts no outlet to state canal. Exhibit D Pivotal Meeting at Mayor’s Office – City accepts responsibility and allows state representatives to leave – commits to repair drainage system. Quotes from Newspaper articles – commitments by city officials to repair drainage system in 2000 (articles in Exhibit E). Exhibit E Newspaper article quotes by city officials identifying the City and Water Works as cause of floods (Exhibit D) and commitments to repair drainage system in year 2000 (More official quotes in Exhibit O). Exhibit F Discredited Drainage System map w/"penciled-in pipe" used by Malden to perpetrate a fraud upon state and federal agencies and courts that the drainage system functions properly .33 floods prove it doesn’t. Exhibit G Financial Motive for defendants’ fraud upon state and federal agencies and courts. Mayor appointed head of Tele-Com City, others as lawyers. - Newspaper rticles document TeleCom contributions to Cong. Markey. - Permit application (EPA & MassDEP) claiming Hanover St. has outlet. Exhibit H Reports and Testimony of all engineers – all testified that the drainage system is "hydraulically deficient" and causing the floods as several streets’ drainage systems were added to Hanover’s system over-burdening it by a factor of ten (10) and pipes that are too small and run UPHILL to canal. Exhibit I Report & Testimony of Coalition Expert Witness Russell Geisser – corroborates that the drainage from seven extra streets overburdens Hanover Street’s drainage system by a factor of ten, and the city has-overdeveloped the area since the 1960’s without upgrading the drainage system. Exhibit J State Rep Fallon and Councilman Finn Violate Subpoenas - Subpoenas Issued to Fallon & Finn. Fallon Deposition – corroborates Malden took responsibility and committed to repair drainage system (Exhibit D & E). Exhibit K Superior Court Trial Sidebar RE: violation of subpoenas by Fallon & Finn. Atty. Hession tells judge their testimony proves City of Malden took responsibility and committed to repair the drainage system in 2000. Exhibit L Real Estate Tax Rebate – year 2000 arranged by state representative Chris Fallon and approved by city as pat of admitting responsibility. Exhibit M Perjury by Mayor Howard and chief engineer Jack Russell Trial transcript notes with references to evidence proving perjury (See CD ROM "TESTIMONY" Folder for full transcripts). Exhibit N Photos of Floods in 2008 – Four in April, May, July & August Exhibit O Malden Observer article Embattled Hanover St. Residents Fight Floods interviews many residents stating their losses. Exhibit P Massachusetts Inspector General Letter – In conjunction with the EPA, the IG identified "the pipe" from Hanover St. to the canal is "ineffective" and causing the floods. Exhibit Q Mayor Howard’s fraud on City letterhead claiming "There are no floods on Hanover Street written in response to the Massachusetts Inspector General’s letter.
Exhibit R Four Floods on Hanover St. documented by photo and video since Mayor Howard’s claim of no floods. A Report with date-verified film processing of photos of the street inundated with floodwater flowing down driveways over lawns and entering basement doors and bulkheads.
ADDENDUM EXHIBITS LIST
EXHIBIT 1 – USPS Documentation proves Docket Entries #7 & 9 are false entries – Annotated Docket included. EXHIBIT 2 – Eyewitness Affidavits document sections that are missing from Transcript – annotated to point out sections now missing. EXHIBIT 3 – Illegally Altered Transcript is unsigned and unauthenticated. Annotated to document where eyewitnesses documented that sections are missing; where contextual "jumps" occur; and where McLarnon was repeatedly stifled by Judge Zobel. Email to court reporter requesting that "missing" sections of the transcript be replaced and a signed transcript provided as the existing one is unsigned and not authenticated. EXHIBIT 4 – Illegally Altered Docket – Annotated to identify false entries, entries with no number, rulings McLarnon never received and Malden’s fraudulent claims and motions un-adjudicated since 12.4.07 EXHIBIT 5 - DOJ Communications - fraud by agents on FBI, US Marshals Service and DOJ-OIG letterhead sent through the USPS to cover up sedition and treason by judges and lawyers in state and US Courthouses. EXHIBIT 6 - Massachusetts Inspector General and EPA Determine Malden’s Drainage System Causes Floods – See Inspector General’s letter EXHIBIT 7 - Social Security Insurance Awards Disabilities Based on "Floods and Judicial Corruption" EXHIBIT 8 – Mass. General Hospital Mental Health Unit Condemns Judicial Malfeasance for Causing Disabilities to McLarnon