Home OP-ED On Way to Victory – Maybe

On Way to Victory – Maybe

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Robert Rosebrock

Fellow Americans, 

Last Thursday in U.S. Magistrate Judge Steve Kim’s federal courtroom, one falsified camera/photography charge was dismissed and the trial for two more falsified camera/photography charges and one falsified American flag citation were continued to Feb. 3.

Ted Hayes, aka Sir Patriot, his fiance Ronda and I entered the federal courthouse via Main Street. We immediately noticed a frayed American flag flying at the entryway, a clear indication that our federal government has no respect for our nation’s colors.

Currently, there are frayed American flags flying at the entryway of the Los Angeles VA … a clear indication that our federal VA police and bureaucrats have no respect for our nation’s colors.

As we walked toward Judge Kim’s courtroom, we passed a half-dozen Los Angeles VA police officers standing in the hallway (only three were on the Government’s witness list).

Judge Kim’s courtroom was somewhat larger than a walk-in closet, but there were several more VA cops and detectives already sitting there — all on the government payroll and many on overtime, including cost of driving VA vehicles to the downtown federal courthouse.

Fellow Veterans Dave Culmer, Francisco Juarez, Pastor Wiley Drake and David Bischoff were in attendance but some had to stand outside — which was unfair, but who expects there to be any semblance of fairness or justice when the U.S. government is involved?

Never forget, the VA police who issued the falsified arrest citations are federal employees, the U.S. Attorneys who prosecute the falsified arrest citations are federal employees, and the judge ruling on the falsified arrest citations are federal employees.

My co-defendant, the American flag, was not present in the courtroom. When this was brought to Judge Kim’s attention, he was indifferent. He said the absence of the American flag didn’t bother him.

It bothered me and fellow Veterans as the flag is emblematic of the American justice system and is supposed to be prominently displayed in every courtroom across the USA.

True American citizens view the flag as our nation’s symbol of liberty and justice for all.

Kindergartners and first-graders have more respect and pride for our American flag than the U.S. government. \

With all the flag-burning by political protesters, blatant disrespect by NFL players,  I am facing six months in jail for displaying two small 4″ x 6″ American flags on the outside fence of the VA National Veterans Park on last Memorial Day, May 30.

In federal court, everything is onesided, favoring the government.

At the beginning of the trial, the U.S. Attorneys announced they were dismissing one of the falsified camera/ photography citations  issued by VA police Sgt. Christian Perez who also made several blatant lies in his report, under penalty of perjury.  We’ve got photos and videos of the incident. They present the complete opposite to what he fabricated.  Same for VA police Sgt. Michael Perez and officer Ralph Garcia’s falsified arrest citations and fabricated reports, signed under penalty of perjury.

Asst/ U.S. Attorney Sharon K. McClasson displayed her usual animosity.

When trying to explain the charges and punishment for these falsified charges, neither she nor her fellow Assistant U.S. Attorney could calculate the total months in jail I would face if I was found guilty of all three remaining bogus charges, including monetary fines and penalties along with probation, so Judge Kim had to calculate on his own — 18 months in jail and 15 years probation, plus several hundred dollars in fines and fees.

It was a pathetic site.

Judge Kim asked if I understood the punishment I was facing. I said that I heard them but didn’t understand them. since they really didn’t apply to me.

After explaining the primary facts of the citations to Judge Kim and requesting immediate dismissal of the charges, he insisted that I hire a lawyer or have a public defender if I cannot afford one. I explained that I cannot afford an attorney and that I got 17 of the 18 previous flag citations dismissed without legal counsel or representation and then inquired why only one flag citation was now being prosecuted and not dismissed like all the others, as well as the falsified camera/photography citations.

What Could He Say?

He had no response other than to insist that I have an attorney for the charges that I was now facing.

Subsequently, he set Jan. 13 for a preliminary hearing to show that I either have my own lawyer or he would personally select and appoint a lawyer from a panel of pro bono attorneys via a government approved panel.

He was adamant that defendants who cannot afford their own lawyer cannot pick and choose their government pro-bono attorney. He as the judge, could personally pick and choose, my attorney from the panel.

Did I mention that fairness is never an option when it comes to the federal government

Judge Kim questioned the two Assistant U.S. Attorneys about the flag citation that I was cited for, “C.F.R. 1.218 – Security and law enforcement at VA facilities; a) (9) Distribution of handbills. The distributing of materials such as pamphlets, handbills, and/or flyers, and the displaying of placards or posting of materials on bulletin boards or elsewhere on property is prohibited, except as authorized by the head of the facility or designee or when such distributions or displays are conducted as part of authorized government activities.”

Judge Kim asked them to explain the meaning of “materials.”  The two U.S. Attorneys hemmed-and-hawed.

He also asked the Assistant U.S. Attorney about the photography citations that I was being for, “C.F.R. 1.218 – Security and law enforcement at VA facilities; (10) Photographs for news, advertising, or commercial purposes. Photographs for advertising or commercial purposes may be taken only with the written consent of the head of the facility or designee. Photographs for news purposes may be taken at entrances, lobbies, foyers, or in other places designated by the head of the facility or designee.”

Judge Kim asked them to explain the meaning of taking photographs for news purposes and the meaning of entrances. Again, the twosome hemmed-and-hawed.

Clearly, at all times I was in full compliance and not violating any VA regulation, as I was always on the outside at the VA entrance, including taking photographs of illegal VA police activity as they were violating the law and not me.  My photographs and video were taken as evidence and clearly show that I was obeying the law, but it was the VA police that were violating the law.

The wrong person was on trial … but as Voltaire forewarned a couple of centuries ago … “It is dangerous to be right when the government is wrong.”

Nevertheless, while talking with Judge Kim, I took out two small 4″ x 6″ American flags, same size that I was cited for on Memorial Day, and showed him how ridiculous these bogus charges were. He had no response except for a bewildered look at the U.S. Attorneys.  I directed my comments toward Ms. McCaslin and charged her with malicious prosecution. She remained silent as did Judge Kim.

Remember, the plaintiff in this case is “The United States of America.”

Then why are the United States federal VA police, United States Attorneys and the United States federal courtrooms so un-American and anti-American Flag, and the defendant so pro-American and pro-American Flag?

Why am I on trial for falsified frivolity? Why aren’t they on trial for serious treason?

God Bless America and the Veterans Revolution!

Mr. Rosebrock may be contacted at rrosebrock1@aol.com

1 COMMENT

  1. I have read most of the ongoing battles here. Mr. Rosebrock is a very dedicated, patriotic ambassador for our homeless veterans. His continuous fight with the West LA VA has caused the spot light of many to be aimed at an out of control govermental agency, the VA at West LA. He has been able to get a court ruling with the help of the ACLU to vacate the still remaining nine outside intities that occupy acres of the VA grounds that should be used to benefit veterans. However, the foot dragging and dishonest actions by local, state, and federal politicians goes on as if they have no obligaton to to follow the law.

    This rediculous federal court trial over basless citiations issue by the VAPD on order of the administration is a waste of tax payer money, and an embarrassment to all law abiding citizens. The judge needs to throw the entire case out, and order the WLAVA to cease in it’s harassment of the old “Veterans Revolution.”

    Judge Kim, please set an example of common sense justice from the bench and stop all this rediculous bovine crap!

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