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					 1         PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
 2         This petition concerns:
 3      1.  a conviction and/or sentence.
 4      2.  prison discipline.
 5      3.  a parole problem.
 6      4.  other.
 7         PETITION
 8      1. Venue
 9         a. Place of detention Calipatria State Prison, Calipatria, CA 92233
10         b. Place of conviction and sentence L.A. Central Court-Criminal 210 W.
11   Temple St., Depart #101, Los Angeles, CA 90012
12      2. Conviction On Which the petition is based (a separate petition must be filed
13   for each conviction being attacked).
14         a. Nature of offenses involved (include all counts):
15             Count 6: Conspiracy to commit murder;
16             Count 7: Attempted first degree murder;
17             Count 8: Assault with deadly weapon.
18         b. Penal or other code section or sections:

19
               Count 6: Penal Code §§ 182/187

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               Count 7: Penal Code §§ 664/187;

21
               Count 8: Penal Code §§ 245(a)(1).

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           c. Case number: Trial Court :BA221557: Appeal Case: B168980

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           d. Date of conviction: April 11th, 2003

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           e. Date of sentence: May 30, 2003

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           f. Length of sentence on each count:

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               Count 6: 25 Years to life;

27
               Counts 7& 8: Stayed pursuant to Penal Code § 654 ;

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           g. Plea (check one):


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 1 of 140
 1              Not guilty
 2              Guilty
 3              Nolo contendere
 4         h. Kind of trial (check one):
 5              Jury
 6              Judge only
 7      3. Did you appeal to the California Court of Appeal from the judgment of
 8   conviction?      Yes  No
 9         If so, give the following information for your appeal (and attach a copy of
10   the Court of Appeal decision if available)
11         a. Case Number B168980
12         b. Grounds raised (list each):
13              (1)Trial Court's abuse of discretion denying Motion for new trial.
14              (2) Trial Court committed prejudicial error under Federal and State
15   Constitutional law in excluding evidence that would have shown the Babaian's
16   motive to falsely accuse Zinchenko of the stabbing and would have undercut their
17   credibility through evidence of inconsistent statements.
18             (3) Trial Court committed prejudicial error under Federal Constitutional

19
     and State law in excluding evidence of Lisa Babaian's recent theft related crimes.

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               (4) Trial Court committed reversible error under Federal and State

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     Constitutions in admonishing the jurors how to select a Foreman.

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           c. Date of decision: November 17th, 2004.

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           d. Result Judgment affirmed

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        4. If you did appeal, did you also file a Petition for Review with the California

25
     Supreme Court of the Court of Appeal decision?  Yes  No

26
           If so give the following information (and attach copies of the Petition for

27
     Review and the Supreme Court ruling if available):

28
           a. Case number: S130034


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 2 of 140
 1         b. Grounds raised (list each)
 2              (1) Denial of a Motion for New Trial violated the right to present a
 3   defense;
 4              (2) Exclusion of evidence violated right to due process, confrontation,
 5   compulsory process for victim's motive to falsely accuse;
 6              (3) Exclusion of evidence violated right to due process, confrontation,
 7   compulsory process for victim's motive for crimes of moral turpitude;
 8              (4) Admonition of Jurors violated right to due process
 9         c. Date of decision: February 16th, 2005
10         d. Result Petition for Review denied.
11      5. If you did not appeal: N/A
12         a. State your reasons.
13         b. Did you seek permission to file a late appeal?       Yes  No
14      6. Have you previously filed any habeas petitions in any state court with respect
15   to this judgment of conviction?  Yes  No
16         If so, give the following information for each such petition (use additional
17   pages if necessary, and attach copies of the petitions and the rulings on the
18   petitions if available):

19
            a. (1) Name of court N/A:

20
                (2) Case number: N/A

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                (3) Date filed (or if mailed, the date the petition was turned over to the

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     prison authorities for mailing:

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                (4) Grounds raised (list each): N/A

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                   (a) __________________________

25
                   (b) __________________________

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                   (c) __________________________

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                   (d) __________________________

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                   (e) __________________________


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 3 of 140
 1                (f) __________________________
 2             (5) Date of decision: N/A
 3             (6) Result N/A
 4             (7) Was an evidentiary hearing held?          Yes  No
 5          b. (1) Name of court N/A:
 6             (2) Case number: N/A
 7             (3) Date filed (or if mailed, the date the petition was turned over to the
 8   prison authorities for mailing:
 9             (4) Grounds raised (list each): N/A
10                (a) __________________________
11                (b) __________________________
12                (c) __________________________
13                (d) __________________________
14                (e) __________________________
15                (f) __________________________
16             (5) Date of decision: N/A
17             (6) Result N/A
18             (7) Was an evidentiary hearing held?          Yes  No

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            c. (1) Name of court: N/A

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               (2) Case number: N/A

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               (3) Date filed (or if mailed, the date the petition was turned over to the

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     prison authorities/or mailing):

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               (4) Grounds raised (list each): N/A

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                  (a) __________________________

25
                  (b) __________________________

26
                  (c) __________________________

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                  (d) __________________________

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                  (e) __________________________


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 4 of 140
 1                   (f) __________________________
 2              (5) Date of decision:.N/A
 3              (6) Result _ N/A
 4              (7) Was an evidentiary hearing held?              Yes  No
 5          d. (1) Name of court: N/A.
 6              (2) Case number: N/A
 7              (3) Date filed (or if mailed, the date the petition was turned over to the
 8   prison authorities/or mailing):
 9              (4) Grounds raised (list each): N/A
10                   (a) ____
11                   (b) ____
12                   (c) ____
13                   (d) ____
14                   (e) ____
15                   (f) ____
16              (5) Date of decision: N/A
17              (6) Result N/A
18              (7) Was an evidentiary hearing held?            Yes  No

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        7. For this petition, state every ground on which you claim that you are being

20
     held in violation of the Constitution, laws, or treaties of the United States. Attach

21
     additional pages if you have more than five grounds. Summarize briefly the facts

22
     supporting each ground. For example, if you are claiming ineffective assistance of

23
     counsel, you must state facts specifically setting forth what your attorney did or

24
     failed to do.
             CAUTION: Exhaustion Requirement: In order to proceed in federal court, you must
25   ordinarily first exhaust your state court remedies with respect to each ground on which you are
     requesting relief from the federal court. This means that, prior to seeking relief from the federal
26   court, you first must present all of your grounds to the California Supreme Court.
27

28          CASE EVALUATION

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 5 of 140
 1         I. SIGNIFICANCE OF THIS CASE: Personal problem, could be analyzed
 2   on family, professional, or social level, having different magnitude of impact.
 3   Court case mirrors the same levels. Amazing! How many good attorneys were
 4   bogged down in details analyzing the trees in the case, until they weren't able to
 5   see the forest. The lack of political, ethnic, cultural knowledge of law and fact were
 6   fatal in drawing attorneys strategies and making conclusions regarding victims
 7   organized crime record.
 8         II. HIGH LEVEL OF IMPACT: THIS CASE JUSTIFIES SEPTEMBER
 9   11th. ANSWERS WHY AMERICA WAS CAUGHT SURPRISED ON
10   SEPTEMBER 11th, 2001 AND WOULD BE SURPRISED AGAIN.
11         The collapse of the communism in 1989-1991 covered more than 1/6th of
12   the world encompassing 25 countries in Europe alone: USSR-15 countries, Poland,
13   Chech, Slovakia, Hungary, Rumania, Bulgaria, Yugoslavia, Bosnia-Herzegovina,
14   Croatia, Slovenia, East Germany.
15         At the end of the cold war USSR have been producing more alloys and
16   expensive strategic metals(vanadium, titanium, nickel, chromium, volframium,
17   copper, aluminum, silver and gold) than USA and Western Europe all together.
18   The tank factory in Nijniy Taguil by far was the largest industrial underground

19
     complex in the world covering many squire miles.

20
           According to Communist Strategic Doctrine each heavy industry plant

21
     should stock pile row materials for 6 months independent production. The political,

22
     financial, economic anarchy fall out after M. Gorbachov failed democratic reforms

23
     has created bonanza of options for criminal world.

24
           According to Russian Orthodox Church newspaper "Rus Pravoslavnaya"

25
     between 1991-2001 more than 1,000 billion dollars(1 trillion) headed West. The

26
     Russian State was depraved of more than 500 billion dollars in taxes, fees and

27
     levies also heading West, without counting Western aid programs immediately

28
     pillaged and heading West too. All of this was unfolding up front of the eyes of


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 6 of 140
 1   USA enormous army of intelligence agents, diplomats, politicians, military and
 2   economic analysts with special tasks, special budgets, under special rules of
 3   engagement out of over site and responsibilities in Western Europe.
 4         When that stampede wave of political refugees, adventurists, thieves,
 5   criminals has hit Western Europe all of these USA specialists faced though choice
 6   between personal interests and professional duties.
 7         A suspect loaded with suit cases of cash is looking for refuge, help,
 8   abetment, immigration status. The US operative in Munich would pick up the cash,
 9   audit it and send it to US Treasury, advising him to wait couple of years for
10   immigration visa.
11         NO, NO, YOU ALL GOT IT WRONG!!! They would split the money in
12   exchange of protection and American visas. Next day USA Special agent would
13   drive from Munich to Zurich-Switzerland untouchable under his diplomatic
14   registration and deposit the bags of cash still in Russian wrap paper.
15         That Huge Wheel of Fortune, that Once in a Century opportunity drained all
16   American intelligence resources close to the pillaging, looting and ransacking of
17   Eastern Europe. USA depleted of vital intelligence and security resources had
18   faced September 11th.

19
           Regarding East-West ventures in best position were Armenian, Baltic States

20
     and Jewish communities with significant number of ethnic brethrens on the both

21
     sides of the failing Iron curtain. Jewish community was in the best position equally

22
     favered by President Clinton-7 of his Cabinet Secretaries - Jewish and on Russian

23
     side by Yelzin's wife Naina, who was Jewish too-all Russian Oligarchs

24
     Berezovsky, Goussinsky, Hodorkovskiy, Abramovich and top Privatization

25
     executives Chubais, Nemtzov were Jewish. That explains how tiny islands of

26
     Cyprus (Greek part only) Nauru and Antigua with their weak governments, no

27
     regulations turn to be a Mecca for Offshore business and money laundering with

28
     more than $100 billion dollars coming from Russia alone. Not far behind were


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 7 of 140
 1   Liechtenstein, Luxemburg, Monaco, Vienna, Zurich and of course USA.
 2         Germany held a special place: 2,000,000 ethnic Russian-Germans returned
 3   back from USSR to Germany, 350, 000 Russian-Jewish immigrants made
 4   Germany their home, 500,000 Russian military in East Germany drove crowds of
 5   friends, relatives. Germany was closer, offering better welfare, more jobs, higher
 6   pay than any other European country.
 7

 8         III. SOME FACTS:
 9             http://gangstersinc.tripod.com/Rus.html THE ORGANIZATSIYA Russians are the
       most. powerful gangsters in the world. They own Russia meaning they own all banks and
10     are able to get weapons from the Red army. Some Mafia groups even have their own
       weapon factories. The Russians have spread out since the Fall of the Soviet Union and
11     have established strongholds in Western and Eastern Europe, the United States, Canada,
       the Middle East (particularly Israel)     have established links with South American drug
12
       cartels. They are doing business in weapons, drugs, prostitution, money laundering, and
13     anything that makes a dollar, even selling nuclear submarines lo Colombian drug cartels.

14
              Russian émigrés communities in New York's Brighton Beach district, in Israel,
15     Paris and London were seeded with mafia spawn.
16

17            The German interior minister claimed recently foreign companies based in Russia
       routinely pay up to 20% of their profits to the mafia.
18

19             Russia sees around 10,000 fatal shootings a year, 600 of which are contract
       killings. In the last five years 95 bankers have been murdered.
20

21
              In 1994 Russia's then interior minister, Mikhail Yegorov, said the number of
22     organised crime groups in the former Soviet Union had grown from 785 during
       Gorbachev's reign to 5,691.
23

24            By 1996 this estimate had grown to 8,000 groups, each with memberships of
       between 50 and 1,000. The government in Moscow estimates the Russian mafia controls
25
       40% of private business and 60% of state-owned companies.
26

27             Unofficial sources say 80% of Russian banks are controlled either directly or
       indirectly by criminals.
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 8 of 140
               Louis Freeh, head of the American Federal Bureau of Investigation (FBI), said
 1
       recently the Russian mafia was the greatest threat to US national security although he
 2     later withdrew this comment.

 3
              In 1995 an FBI document stated: "If Russian organized crime could help foreign
 4     crime networks to gain access to nuclear material or other fissile weapons then the
       scenario becomes truly frightening.
 5

 6
               Another favourite target is Israel. Many Russian gangsters claim to be of Jewish
 7     origin, in order to get an Israeli passport. The Russian mafia is said to have poured £2.5
       billion ($4 billion) into the Israeli economy.
 8

 9            One highly profitable area in which they are thriving is prostitution. Dozens of
       brothels and peepshows have sprung up in Tel Aviv and Haifa in the last few years. Many
10
       are controlled by Russian mobsters who recruit Eastern European women who then
11     become trapped and subservient. Women are often traded between gangsters for £6,000
       ($10,000) to £9,000 ($15,000) and routinely have their passports taken away by their
12     pimps. Detective Toni Haddad of the Haifa vice squad says: "They are sold like slaves.
       "Nobody cares. I don't think it's life for them,"
13

14
               Commander Meir Gilboa, chief of the Israeli Aggravated Crime Unit, has noticed
15     the increasing activity of Russian gangsters. "It's easy for Jews to receive Israeli
       citizenship. If they are not Jews they are smart enough to forge documents in order to
16     become citizens. They feel much safer here than in Russia." "They have the means at their
       disposal to corrupt government and economic systems.
17

18
               One New York cop said: "You see that building across the street? They -Russian
19     Mafiya-bought it, they are spying on US, watching the snitches as they come out of the
       precinct." When they kill...They cut of the arms, legs and head of their victims...it's
20     brilliant...no evidence." "They will shoot you just to see if the gun works"
21
              North Miami Beach, club Babushka 19 March 1995 introduced Fainberg then DEA
22
       undercover agent Yasevich to the Cuban Juan Almeida and said the colombians wanted to
23     buy a submarine. Contact person is Nelson "tony" Yester.
              Brighton Beach, NY, Zilber brothers17 october 1995 Anthony Morelli, Joseph
24
       “Joey Benz” Maritato, Edward Dougherty, Vladimir Zilber, Mela Rubinov, Arkady Seifer,
25     Igor Roizman, Jacob and Vyacheslav Dobrer and George Doddy were convicted for the
       gazoline fraud
26

27            Moscow, Volgograd Aluminium factory 31 July 1995 the Moscow controller of the
       Volgograd Aluminum fabric was shot dead. Since beginning of April at least 4 people in
28
       the Aluminum mining in the Tyumen district were killed or wounded by the mafia when

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 9 of 140
       they try to take control over oil and aluminum.
 1

 2
               Rosbiznesbank, Director Ivan Kivelidi(Georgian) killed. On 4 August 1995 was
 3     the banker Ivan Kivelidi (46) with his female secretary poisoned. Kivelidi was the director
       of the Rosbiznesbank one of the biggest banks of Russia. Also he was the head of an
 4
       influential group of entrepreneurs called the Russian Round table for Businessmen of
 5
       which he was the 9th murdered member. The last 3,5 years 80 murder attacks were
       directed at businessmen of which half died.
 6
                   Jekaterinburg (former Swerdlovsk) 21 March 1996 Valentin Smirnov (62) was
 7
       shot dead in Jekaterinenburg, he was one of the most famous scientists for the Russian
       defense industry and the murder was possibly connected to the invented by him rocket
 8     counter system S 300V, the Russian counterpart of the American Patriot system, there was
       a 60 million dollar contract to the USA, later was found out that his business partner was
 9     implicated.
10            Sochi meeting 27 May 1995 in the bathing city Sochi at the Black Sea there was
       held a meeting of the most important mafia leaders from Russia, USA and Greece, police
11     arrested 300 gang leaders but had to let them go after 3 days.
12

13
              Sochi, Russia Summer 1997: "Zhunglo" Gambarov (Sochi organized crime boss) is
       shot by a sniper in Sochi, Russia. This resort area is under control of Russian Mafia and
14     seeing a influx of Colombian drug traffickers to the region.

15
                   Chechens and Georgians, like Sicilians and Neapolitans, have played a
       disproportionately large role in the underworld.
16                 Vienna, Austria In July 1996 in Vienna businessman David Sanikidze was
17     killed, he was one of the leading Georgian bosses.

18            Berlin, Germany in August 1996 in Berlin Wilmersdorf the
       Georgian Mafioso Shakro Kakachia was shot and killed. In October
19     1996 German police invaded the Berlin restaurant "Astoria" where about 110 Russian
       guests had a party, 40% of the tracked down people where registered at the police files as
20
       criminals. Were these murders only the beginning?
21             BERLIN - After the puzzling murder at the Georgian Mafia Boss Shakro Kakachia
       (56) now it gives a hot trace leading to Vienna. There on July, a high Mafia Boss was
22
       likewise shot on open road: the Georgian David Sanikidze (50). "The execution according
23     to the COURIER newspaper is in close relationship with the death of Kakachia",
       confirmed Ermittler of the Vienna safety office. Kakachia, which was stretched-down with
24     14 shots on the parking deck upfront of his Wilmersdorf dwelling (COURIER reported),
       had constantly contact with Sanikidze.
25
                   The last one D. Sanikidze a highest godfather of the Georgian Mafia in Europe
26     gave instructions to his countrymen from Vienna through managing director in Berlin ".
       Kakachia and Sanikidze were considered initial members of the Georgian Mafia. In
27
       Moscow they already developed close contacts to the Russian underworld. Kakachia and
28
       Sanikidze began to organize economical ties to the West in the early 90's. They were the
       trustees to the Austrian tour operator "Marco Polo" who would build the International

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 10 of 140
       hotel "Metechi" without serious problems in the Georgian capital Tiflis. But the godfathers
 1
       took off the money completely. Approximately two years ago, Kakachia must have come to
 2     Berlin. Its tasks: illegal trade with economic goods, money laundering and the extortion of
       approximately 350 businessmen from the former USSR, who live today in Berlin. The
 3     Georgian co-operated with the four most important groups of the Russia Mafia: the
       Tschetschenskaja generic term China (bank and armed robberies, autotrade). the
 4     Dolgoprudenskaja (extortion, money laundering, order murders), the Solnzewskaja (white-
       collar crime, drug and arms traffic) and Puschinskaja (protection money, extortion) The
 5
       Mafia expert and journalist Juergen Roth (50): "These groups are busy to put their bloody
 6     money into legal business quickly. They buy up cars or expensive real estate. Kakachia
       also was implicated into these things."
 7
               These murders could be only the beginning of a Mafia war." Insider assumes that
 8     the murders of Kakachia and Sanikidze were committed by Georgian Mafiosi, which are
       close to president Edward Shevardnadze and Tiflis Government. The murdered godfathers
 9     had co-operated closely with the former advisor of the president, Dchaba Josseliani. who
       likewise was a Mafia Boss, but fell in disgrace with Shevardnadze and in 1995 was
10
       arrested, nk
11                 Businessman from Georgian origin shot. The man, who was shot on Sunday in
       an underground parking at the Schlangenbader road in Wilmersdorf, is identified.
12
       According to death certificate of the criminal investigation department he was Shakro
13
       Kakachia about 56 year old Georgian from Wilmensdorf. The businessman had driven its
       600 Mercedes around 19.20 in the evening into the underground parking, when suddenly
14     several shots were fired. Bullets pierced the driver's door. The Georgian was dead on the
       spot. The coworkers of him do not exclude contract murder.
15
                  The crime goes on the account of the Russian mafia. Just before that Kakachia
16     has been in the "Ascado" Steakhouse and have left untouched there a bag with cash. At
       present moment the criminal investigation department examines whether the murder is in
17     connection with underground crimes from the spring of 1995. In the evening of March, 2d
       1995 had been shot Petr Leontchikov(27)up front of his house on Schleinitzstrasse in
18
       Grunewald. The authors escaped unidentified. Leontchikov was considered as an
19     important Russian businessman in Berlin.
               Geneve, Swiss, Solntsevo 23 October 1996 the Russian Sergej Michailov (38)
20
       "Michas" was arrested at the airport of Geneve, when he arrived there from Vienna , he
21     was just going to drive away in his Belgium Rolls Royce to his villa in Borex near Geneve.
       He is the godfather of the important Moscow Solntsevskaya syndicate with 1500 members
22     who directed the organization from Swiss.
23                 Lugano, Swiss, Mabatex buildingfirm In July 1999 the Swiss prosecutors
       started an investigation into corruption and money laundering by high Russian officials
24     under whom Kremlin cashier Pavel Borodin. The Geneve Procuror General Robert
       Bertossa had 24 bank accounts at Swiss banks blocked because they were used to launder
25     bribes, some of the bank accounts were owned by family of Borodin. Borodin is already
26
       Kremlin cashier since 1991 and looks after the properties of the Kremlin, the Kremlin
       owns (according to the weekly magazine Vlast) 200 companies worth together several
27     billions of dollars what made Borodin one of Russia's most important men. Russian
       newspapers wrote that when the Swiss police searched the firm Mabatex in Lugano they
28     found proof that money was send to bank accounts owned by Borodin's wife and daughter.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 11 of 140
                   Bank of New York scandal In august 1999 newspapers wrote that police had
 1
       started an investigation against a laundering operation at the Bank of New York. The
 2     Inkom Bank paid 56 dollars per wire transfer which is 6 times as high as standard rate and
       Bank of New York accepted the money from Semjon Mogilevitsj. Police investigated the
 3     firm Benex, which was suspected of having ties with Semion Mogilevich.
 4            Mogilevich was born in the Ukraine and was connected to the Bank of
       New York laundering scandal to which were also connected the oil giants Lukoil and
 5     Sibneft and carmaker Avtovaz. Also connected to this scandal was the Russian
       businessman Mikhail Khodorkovsky, chairman of Yukos oil company who once led
 6
       Menatep bank for which also Konstantin Kagalovski had worked as vice president. They
 7     had also stolen about 299 million dollars of IMF credits. The 4,2 billion dollars were
       laundered in 1998 in a short time by bank director Natasha Gurfinkel Kagalovski and her
 8     husband Konstantin Kagalovski. It becomes known as Kremlin gate when the FBI finds out
       in august 1999. According to Jiggs the Mogilevich group infiltrated the Bank of New York
 9
       and began laundering what has been estimated at 10 billion dollars,
10     the contact was the wife of an associate who was the banks president.
               AP Larry Neumeister 10/5/99 "...Federal prosecutors say billions from Russia was
11
       illegally funneled through accounts at the Bank of New York in one of the largest money
12     laundering cases in U.S. history, according to a criminal indictment unsealed Tuesday.
       Three individuals and three companies were charged with channeling the money - believed
13     to have ties to the Russian mafia - in the first criminal charges to be brought in the case.
       The charges were contained in a three-count indictment filed under seal in U.S. District
14
       Court in Manhattan on Sept. 16. Peter Berlin, 44, Lucy Edwards, 41, - a former vice
15
       president at the Bank of New York - and Aleksey Volkov, 34, as well as Benex International
       Co. Inc., Becs International L.L.C. and Torfinex Corp. were named as defendants.
16
              IV. CORRUPTION FROM AMERICAN SIDE OF THE ATLANTIC
17             The Bank of New York, the nation's 15th-largest bank, was not named in the
       indictments...... Lewis Schiliro, an FBI assistant director in charge of
18
       the New York office, said the FBI is primarily focused on determining the origin of
19     the funds and tracing the path of transactions through accounts at the Bank of New York.
       ...."
20
               Freeper NDCorup adds 10/6/99 "....In the Lufthansa theft at JFK airport Lou
21     Shiliro was in charge of the investigation. It is reported that Shiliro is now in charge of the
       N.Y. FBI thanks to Clinton. There were No arrests, No money recovered,
22
       and the witnesses are all dead. Sal Reale was in charge of Security at JFK
23     airport and was Gotti's bagman at Mena. Phillip Shiliro, (Lou Shiliro's son) works for
       Waxman. It's noted that Lou Shiliro controls the Flt. 800 evidence......"
24
              AP via Tampa Bay Online 2/16/00 Larry Neumeister "….A former Bank of New
25     York executive and her husband have surrendered to the FBI. A federal indictment alleges
       that Lucy Edwards, and her husband, Peter Berlin, illegally moved as much as $10 billion
26
       from Russia through accounts at the Bank of New York…... An alleged accomplice, Aleskey
27
       Volkov, remains a fugitive. Investigators believe most of the laundered money came from
       Russian importers trying to avoid paying taxes, though they are still looking into whether
28     some of the money came from criminal activity and was transferred through the bank's


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 12 of 140
       accounts in order to mask its origin. Authorities have said that Edwards, as head of the
 1
       bank's Eastern European operations in London, had access to accounts and could move
 2     the Russian money through a series of accounts until it appeared to be legitimate profits
       from legal businesses. ……"
 3
              New York Times 2/15/00 Raymond Bonner Timothy O’Brien "…Two major
 4     suspects in the federal investigation into the illegal transfer of billions of dollars from
       Russia through the Bank of New York have agreed to plead guilty to money laundering
 5     charges, people involved in the inquiry said yesterday.
 6             New         York Times 2/15/00 Raymond Bonner Timothy O’Brien "A person
       close to the investigation said Ms. Edwards and Mr. Berlin had agreed to plead guilty to
 7     several criminal charges, including conspiracy to commit money laundering, visa fraud,
       wire fraud and bribery of a bank official. Details of the charges were not immediately
 8     known, including the identity of the official or the bank involved in the bribe. The person
       providing the information said Ms. Edwards and Mr. Berlin had also agreed to forfeit $8
 9
       million that had been seized in their personal accounts by the federal authorities last fall,
10     when they were indicted in New York on relatively minor charges, including transferring
       money without a license……. The fact that Ms. Edwards and Mr. Berlin have decided to
11     plead guilty to money laundering charges seriously complicates legal matters for the Bank
       of New York. Lawyers with expertise in banking law said that whenever a senior bank
12
       officer admits to such charges, questions arise about the bank's own culpability…….. "
13             New York Times 2/15/00 Raymond Bonner Timothy O’Brien "……A spokesman
       for Natasha Gurfinkel Kagalovsky, a former Bank of New York executive who oversaw the
14
       division in which Ms. Edwards worked and who has also been a focal point for the
15
       investigation, said she had never been approached to discuss a plea agreement of any sort.
       ……. Ms. Kagalovsky is married to Konstantin Kagalovsky, a senior executive with a large
16     Russian oil company called Yukos who previously worked as a senior executive with a now
       defunct Russian bank, Menatep. Mr. Kagalovsky has not been charged with any
17     wrongdoing. ……"
18            New York Times 2/15/00 Raymond Bonner Timothy O’Brien "……Last month,
       the federal authorities indicted a former Bank of New York employee, Svetlana
19     Kudryavtsev, on charges of making false statements to investigators in connection with the
       money laundering inquiry. According to the indictment, Ms. Kudryavtsev received about
20
       $30,000 from Ms. Edwards and her husband between 1995 and 1999. The complaint said
21     Ms. Kudryavtsev lied to investigators in August about having received money from the
       couple and also lied about having any knowledge of their business activities. ......"
22
               60 Minutes 12/6/98 Freeper Fulbright reports ".If Time magazine called him "the
23     most pernicious unindicted criminal in the world," and the U.S. State Department also
       believed he was "evil", how did Grigori Loutchansky get to speak to President Clinton at a
24     DNC fund raiser? "60 Minutes" aired this remarkable piece tonight. Former CIA director
       Wollsey was interviewed and said for a President to have met with this individual showed
25     very poor judgment. Loutchansksy was given a message by Clinton to deliver to former
26
       Ukranian Prime Minister Leonid Kravchuck concerning arms trading. Rep. Gerald
       Solomon was interviewed and said that for a person with Loutchansky's background to be
27     given a diplomatic message to deliver is the most incredible thing he has heard of in his 31
       years in Congress. Ed Timperlake was on the 60 Minutes piece-- he said feared for his life
28     because of Loutchansky."


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 13 of 140
               Vol. 13, No. 07 3/31/97 William Norman Grigg "…… On February 10th,
 1
       Representative Gerald Solomon (R-NY), chairman of the House Rules Committee, sent a
 2     letter to the White House requesting information on the October 1993 meeting between
       President Clinton and Russian mobster Grigori Loutchansky. Loutchansky, head of a
 3     Vienna-based KGB front known as Nordex, is regarded by law enforcement and
       intelligence agencies around the world as a drug smuggler, money launderer, and arms
 4     dealer. However, according to the London Sunday Times, his conversation with President
       Clinton dealt with the possibility of making Loutchansky a diplomatic intermediary in
 5
       nuclear disarmament talks between the U.S. and Ukraine. ........ Solomon's February 10th
 6     letter was his second request for information about Loutchansky, and so far the
       Administration has refused to cooperate. The congressman's next letter should expand his
 7     inquiry to include material about possible connections between Vice President Al Gore
       and Russian mobster Vladimir Gusinsky. ……."
 8
              Vol. 13, No. 07 3/31/97 William Norman Grigg "…… In early February, Russian
 9     Prime Minister Viktor Chernomyrdin and his entourage visited Washington, DC to attend
       the semiannual meetings of the U.S.-Russian Joint Commission on Economic and
10
       Technical Cooperation, better known as the Gore-Chernomyrdin Commission (GCC).
11
       ……..Gusinsky, a 44-year-old banking and media mogul, is considered in some circles to
       be Russia's wealthiest man -- and one of the top contenders for the title of "godfather" of
12     the KGB-created Russian mafia. Until January of this year, Gusinsky was director of the
       powerful Moscow-based Most Bank. As commentator Georgie Anne Geyer observes, Most
13     "was on the CIA's recent list of banks with Russian mafia connections." According to the
       February 6th Washington Times, U.S. diplomatic sources believe that Prime Minister
14
       Chernomyrdin "allowed Mr. Gusinsky to be the driving force in orchestrating his visit."
15     ………"
               Vol. 13, No. 07 3/31/97 William Norman Grigg "……Gusinsky has a personal
16
       security force of more than 1,000 troops, many of them drawn from the KGB's Fifth Chief
17     Directorate -- the branch of the secret police that carried out internal surveillance,
       political repression, and torture. Furthermore, one of Gusinsky's closest advisers is former
18     KGB Deputy Director Filipp Bobkov, a Stalin-era Chekist. KGB critic Yevgenia Albats
       notes that "Bobkov is an especially revered figure in the KGB. ….. Among Bobkov's special
19     talents is a knack for fomenting ethnic and religious conflicts and staging acts of terrorism
20
       as pretexts for KGB crack-downs in the name of preserving "order." ……. Bobkov was
       supposedly cashiered from the KGB in 1991 after the Soviet attack on the Lithuanian
21     capital of Vilnius. Shortly thereafter he was involved in the August 1991 "hardliners' coup"
       against Mikhail Gorbachev. But rather than going before a firing squad or being thrown
22     into prison, Bobkov turned up as an "adviser" to Gusinsky at Most Bank. …….. "
23             Vol. 13, No. 07 3/31/97 William Norman Grigg "…… Another key player in this
       KGB-supervised pipeline is Usman Imayev, known in some circles as the "Chechen Pablo
24     Escobar." A graduate of Moscow's Patrice Lumumba University -- an academy of
       terrorism for Third World Marxists -- Imayev was the head of the Chechen central bank
25
       and human rights society and lead negotiator for the Chechen "independence" movement
26     in talks with the Russian Federation. Although Imayev was captured by Russian troops in
       October 1994 and delivered to Moscow, he was quickly released and allowed to return to
27     Chechnya -- where he used his connections to benefit Bobkov's drug-smuggling network...
       It is through Bobkov's KGB network, and the Most Bank's financial clout, that the
28     "Moscow Narco- Group" was able to become (in Yasmann's words) "a bridge between [the

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 14 of 140
       Soviet] regions and drug lords in Italy, Romania, Colombia, and Cuba. These former KGB
 1
       officers thus took control of, and expanded, the drug route from Afghanistan via Chechnya
 2     and Russia to Western Europe and the United States." ……"
                Vol. 13, No. 07 3/31/97 William Norman Grigg "…… Vladimir Gusinsky, the
 3
       Komsomol-educated front man for the KGB's international drug network, is the perfect
 4     ambassador for this business community. Furthermore, according to the Washington
       Times, "Mr. Gusinsky, with the blessing of Yeltsin chief of staff Anatoly Chubais, has ...
 5     become an intimate of the Yeltsin government." Gusinsky apparently has attempted to
       cultivate ties with Vice President Gore as well. The Times notes that "there have been
 6     reports that Mr. Gusinsky was organizing a Washington gala [during his visit] with Vice
       President Al Gore to be the main guest, but a spokesman for Mr. Gore's office would say
 7
       only that 'there is no party on the public schedule.'" ………. Whether or not Gore met with
 8     Gusinsky, the commission Gore co-chairs with Prime Minister Chernomyrdin has become
       a major conduit through which taxpayer subsidies are directed to joint economic ventures.
 9     Following a GCC meeting in Moscow last July, Gore and Chernomyrdin announced the
       creation of a $400 million lending facility in Russia that would be operated by the Chase
10
       Manhattan Bank and backed by the Overseas Private Investment Corporation (OPIC) --
11
       that is, by American taxpayers. …….. "
               Vol. 13, No. 07 3/31/97 William Norman Grigg "……But it is not "naïveté" that
12
       inspires American business and political elites to embark on taxpayer- supported joint
13
       ventures with Russian gangsters; it is opportunism. If Vladimir Gusinsky symbolizes the
       new Russian business elite, the patron saint of American businessmen plunging into
14     taxpayer-backed joint ventures in Russia would be the late Armand Hammer, Lenin's
       "path" to America's financial resources the first -- and only -- American capitalist to be
15     awarded the Order of Lenin. ……. Hammer's spectacularly corrupt career was aided in
       numerous ways by Senator Albert Gore Sr. of Tennessee, who was a partner in various
16
       Hammer enterprises for more than four decades... FBI Acting Assistant Director in Charge
17     John H. Schiman; Chief of Criminal Investigations Division.
              V. THE INS CORRUPTION SCANDALS
18
               The INS and the inspector general's office launched a record 4,551 internal
19     investigations in 1998 -- one per seven workers in an agency that employs 32,000. That
       compares with one per 31 Bureau of Alcohol, Tobacco and Firearms employees and one
20
       per 89 Secret Service employees.
21            Jesse Gardona, who was a 15-year INS veteran. While a member of the Los Angeles
       anti-smuggling unit, in 1998 Gardona arranged to move about 10 undocumented
22
       immigrants from INS detention to an East Los Angeles drop house, where they were
23     ransomed to relatives for as much as $1,800 a piece.
             Inspector Juan H. Villarreal, 34, was convicted in December 1998 of bribe-taking
24
       and rape by violating the federal civil rights of an illegal immigrant from Mexico in a
25     Laredo, Texas, motel after he threatened to deport her if she didn't have sex with him.
               INS inspector Richard Lawrence Pineda, 42, was convicted in April of smuggling
26
       illegal immigrants and 3,500 pounds of marijuana through the San Ysidro, Calif., port of
27     entry.
              John T. Shandorf, 33, supervisor at the INS' asylum office in Queens, N.Y., was
28
       convicted in May of taking $50,000 in bribes to approve 14 asylum applications.

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 15 of 140
               Kenneth L. Stewart, 35, a San Diego border patrol agent, was convicted this year
 1
       of witness tampering after he covered up his assault of a suspect.
 2             In Portland, Yates, 53, was a 26-year INS veteran in charge of four employees who
       handled paperwork, fees and immigration requests at the Portland District headquarters
 3
       when she embezzled immigrants' application fees to feed a gambling habit. Court records
 4     show she covered her thefts by claiming paperwork was lost and then issuing temporary
       benefits.
 5
              VI. LOS ANGELES PD RAMPART SCANDAL
 6             In late 1997 and early 1998, three incidents occurred in which Los Angeles Police
       Officers were identified as suspects in serious criminal activity. The incidents began on
 7
       November 6, 1997, when three suspects robbed a Los Angeles Bank of America. The
 8     investigation into that robbery led to the arrest of Officer David Mack, who was assigned
       to West Los Angeles Area at the time, and his girlfriend, an employee of the bank. The
 9     second incident occurred on February 26,1998, and involved the false imprisonment and
       beating of a handcuffed arrestee at the Rampart Substation. The officer who beat the
10     suspect was Rampart CRASH Officer Brian Hewitt. Two other CRASH officers, one of
       whom was Ethan Cohan, were present and acquiesced to the beating. The third incident
11
       involved the March 2,1998, theft of three kilograms of cocaine from the Department's
12     Property Division. The investigation into that theft led to the arrest of Officer Rafael
       Perez, who was assigned to Rampart CRASH Unit.
13
               The investigations into these incidents disclosed that the suspect officers were
14     closely associated either as working partners or close friends, and all but one of them were
       assigned to Rampart Area. The only exception, David Mack, had previously been assigned
15     to Rampart and was a close friend of Rafael Perez. Due to the seriousness of the criminal
       activity, commonality among the officers and potential for involvement of more
16
       Department employees. Chief of Police Bernard C. Parks formed a special criminal Task
17
       Force in May 1998 to investigative these incidents.
               Disgraced former Officer Rafael Perez, who is providing information in exchange
18
       for a lesser sentence on cocaine theft charges, has told investigators that more than 30
19
       current and former anti-gang officers at the Rampart station were "in the loop,"
       constituting a secretive group that routinely engaged in illegal shootings, beatings,
20     perjury, false arrests, witness intimidation, and other misconduct. More than 70 LAPD
       officers are under investigation for either committing crimes or knowing about them and
21     helping to cover them up
22            County Supervisor Zev Yaroslavsky branded the Rampart (neighborhood) police
       scandal an "assault on democracy" Thursday, as local officials intensified their calls for
23     an independent investigation into the Los Angeles Police Department's deepening
       corruption crisis. The Rampart situation - in which officers allegedly conspired to put
24
       innocent people in jail and to cover up unjustified shootings and beatings - warrants a U.S.
25     criminal civil rights investigation because there is evidence of "a widespread pattern and
       practice of federal civil rights violations" by Rampart officers, said lawyer Merrick J.
26     Bobb, an expert on police misconduct.
27            VII. JUDICIAL CORRUPTION
              On April 24, 1992 minority working class areas of Los Angeles exploded against
28
       the mockery of the Simi Valley criminal trial against the police that beat Rodney King, and

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 16 of 140
       the Los Angeles Police Department's long history of abuses. The riot would become one of
 1
       the worse in US history, producing more casualties, 54 dead and 2,000 injured, than any
 2     civil unrest since the Civil War.
               Following the riots, 2,000 National Guard troops occupied South Central Los
 3
       Angeles, Pico-Union in the Rampart area, Pomona and other impoverished riot-torn
 4     areas. Before they left nine people had been killed. To many in these communities it feels
       as if an occupying army never left.
 5
              LOS ANGELES9/15/2000 — A former judge will plead guilty to federal corruption
 6     charges for having a secret sexual relationship with a defendant while presiding over a
       case against the woman’s husband, prosecutors said Thursday.
 7
               Former Los Angeles County Superior Court Judge George W. Trammell III was
 8     charged Thursday with two felonies that carry up to 10 years in prison and $500,000 in
       fines. Trammel signed an agreement to plead guilty to the charges, prosecutors said.
 9
              “This individual, entrusted with the most sacred of responsibilities, abused his
10     power and corrupted the administration of justice. This is a crime of the worst kind,” U.S.
       Attorney Alejandro N. Mayorkas said.
11
              This is the International and Local Corruption environment leading to the
12     case at hand. Here of course is needless to say Monica Lewinsky scandal and the
       approaching contested elections also contributed to anarchy, lack of responsibility
13     and control in law enforcement. Also FBI SA Jennifer J. Amo needed promotion and
14
       she actively participated in this bogus case abusing Federal and State law in order to GET
       PROMOTED,
15

16         VIII. THE CASE AT HAND
17

18         This is the story of Mrs. OLGA A. TONKIH-maiden name
19   /ILYUSCHIHINA -after First husband/GONCHAROVA-GYNSBURG in
20   Germany/ LISA BABAIAN - in USA (Russian) , who was able to rise from
21   unknown country side girl without direction and value in the civil chaos and
22   anarchy of USSR fall out to powerful Madam in Hollywood, enjoying $ 10 million
23   mansion on Laurel Canyon.
24         Olga Alexandrovna Tonkih was born on April 5th, 1962 in Severodvinsk
25   (District of Archangelsk) Address: Морской Переулок; Дом 7; Кв. 95
26   Северодвинск, Архангельская Обл.; Russia.
27         Many Russians and obviously most of the foreigners never have heart the
28   town of Severodvinsk. Bulgarian foreign students in St. Petersburg, knew very

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 17 of 140
 1   well that small town was sealed off for any foreigner. Severodvinsk was the birth
 2   place of Russian Nuclear submarine fleet on the North employing 95% of the town
 3   population.
 4          The town had another secret - while USSR submarines in Andropov's time
 5   have been encircling USA from the both oceans, all local macho boys encircled
 6   their beautiful wives to console them in the long, long waiting - social adultery
 7   "sploshnoe blyadstvo" was the communist dirty secret, which might be better
 8   guarded than the military one.
 9          That atmosphere explains a lot in the life of two sisters-Olga and Ludmila.
10   Olga got married as soon as she achieved legal age of 18 and had changed her
11   name to Ilyuschihina/Илюcщихина/.
12          The marriage is not a goal, but ticket to freedom. In the next couple of years
13   she is involved in promiscuous and adventurous activities. At age of 19, she faces a
14   trial and was convicted for a crime of moral turpitude and her short marriage has
15   disintegrated. She served 18 months sentence in jail.
16          After serving sentence - In the fall of communism and increasing social
17   problems she enjoys the life in Sochi/1985-1989/ - popular destination with
18   Apparatchiks and beneficiaries of the system most probably involved in free lance

19
     prostitution.

20
            Ilyuschihina is cool and interest minded. She is more than a prostitute-she is

21
     a business woman. In the prestigious restaurants and bars she would stick to

22
     wealthy Apparatchiks or Foreigners and the next morning would come with

23
     racketeers and blue eye and bruises claiming she was raped. The victim would be

24
     glad to settle just for money.

25
           In 1991 Olga Ilyuschihina is arrested for theft and prostitution in Finland

26
     (That's why she and Misha did not go to live in Finland with her sister Ludmila).

27
     After Finland she goes to Germany, most probably by invitation of Russian military

28
     person acquaintance of her father or a sex friend.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 18 of 140
 1         She is a woman on her own in the criminal world. Most probably after
 2   disintegration of USSR she marries Toufik Samimi - a Muslim from Central Asia
 3   who needs residency in Russia. Just like the first, the second marriage is a marriage
 4   of convenience and she does not change her life style.
 5          According to her Russian criminal file containing more than 50 records
 6   she was certified as a Professional prostitute on 03/02/1993 by Investigator
 7   Gribanov A. G. /See Russian Police Attachment/after being arrested many times
 8   previously to this certification.
 9          After another incident and arrest in International Hotel "Prybaltiyskaya"-St.
10   Petersburg, on 04/11/1994 the file is enlarged by Officer O. V. Jouravlev - Second
11   Department, Ministry of Interior. . /See Russian Police Attachment/.
12          About this time her son Max is born and Olga needs family. Although it is
13   questionable if the child is from a client or from Toufik Samimi - he is the best
14   available candidate. Samimi is significantly older than her and needs some kind of
15   a family as a cover up for his criminal activities.
16          Allegedly this is the time when they buy 2 bed room apartment in Moscow
17   on: Белорусская Улица 94; Корпус 1; Кв. 26, Москва/ in the vicinity of
18   Belloruskaya railroad station for $15,000.

19
            Their family romance is short. Business partners shot death T. Samimi over

20
     an extortion money dispute. Most probably he was involved in women trade,

21
     prostitution expansion, extortion of money from near by open markets involving

22
     people from Caucasus. His wife Olga is a suspect and most probably she escapes to

23
     Germany with phony passport as Goncharova-Ginsburg, double name of a married

24
     single woman because she is taking her child Max and a lot of money.

25
            Probably she was many times in and out to Germany as part of their business

26
     activity - prostitution and girl trade through Finland, where hers' sister Loudmila

27
     Tonkih/Borisova/Gregyl/ is a middle woman in illegal transfer of girls and children

28
     from St. Petersburg/Russia/-Helsinki/Finland/-Hamburg/ Germany/. All of this


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 19 of 140
 1   under phony marriage name Gregyl.
 2         Why Finland is the best channel? Finland is one of the main trade partners
 3   for USSR and later for Russia. Enormous cargo traffic, railroad, truck and boat
 4   shipments or row materials and equipment. Short length of the trip of 4 hours from
 5   St. Petersburg to Finish border, versus few days across 4-5 customs and borders if
 6   an alternative route across Baltic states, Polish or Ukrainian border. Simplified
 7   Visa procedures for Finn citizens, not available for other Westerners.
 8         At this time in Germany, Olga is a high flying Madam with money and
 9   influence, connections coming from her dead "husband" Toufik Samimi. She picks
10   up 8 year younger man M. Dovganyuk, who although good looking lacks money
11   and intelligence to succeed.
12         Also beyond legitimacy, marriage brings some benefits, because German
13   welfare system favors family over single recipients. Also it is a good cover up for
14   criminal activities - supermarket theft, prostitution trade, trade with fake
15   documents and visas, extortion of money.
16         They have to change often their location, but this is the time when fortunes
17   are made over night. They buy a house somewhere on Berlin Wilmersdorf area
18   where Shakro Kakachia - one of the two "godfathers" of Georgian Mafia is located.

19
     He is important figure in extortion of money from more than 350 businessmen

20
     from former USSR. Also he is a liaison and power broker between 4 powerful

21
     clans: Dolgoprudnenskaya mafia; Chechenskaya Mafia; Poushckinskaya Mafia;

22
     Solntzevskaya Mafia. His photo connections show social eating and drinking with

23
     President of Russia Boris Elzin and President of Georgia Edward Shewarnadze.

24
           Allegedly Olga Ilyuschihina is just a supplier of "white girl slaves" the

25
     connection over Baltic Sea includes only one custom in Hamburg, where Russian

26
     and Finn women mixture looking like each other arrive. The prostitutes are very

27
     important source of information, particularly in the Mafia world and she is

28
     exploiting that source to the maximum. This is her usefulness as a clever woman to


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 20 of 140
 1   Shakro Kakachia. On the other side through the girls they know for his operations.
 2         In their supermarket thefts they are hitting one of the stores under the "roof"
 3   protection of Shakro. Shakro is mad at them and orders them to pay back
 4   immediately the money - about $70,000.
 5         This is the time of Gangster's wars. They are well aware of that. May 31st,
 6   1995 in Prague Restaurant "U Holubu" S. Mogylevich is warned of assassination
 7   plot and he alarms Czech police - the following up raid is resulting in mass arrests-
 8   more than 100 people. After this incident S. Mogylevich is extremely reclusive
 9   and never meets at the parties, or with unknown to him people.
10         In November 1995 Dzhaba Ioseliani the liaison of Shakro Kakachia and
11   David Sanikidze to President Shevarnadze-an influential Government Minister
12   falls out of favor and is arrested in Tbilisi. He is the founder and leader of military
13   organization Mkhedrioni - the foot soldiers of Georgian Mafia.
14         On June 8th, 1995 Vyacheslav Kirillovich Ivankov "Little Jap" is arrested by
15   FBI in Brighton Beach, NY. He had $170 million joint venture with David
16   Sanikidze. If V. Ivankov convicted, D. Sanikidze was supposed to replace him as a
17   Russian Mafia authority in Brighton Beach, NY. On March 8, 1995 Monya Elson
18   is arrested in Fano, Italy. In December 1995 the Chechen war starts. The Georgians

19
     Sanikidze and Kakachia are liability because they are the liaison from Yuri Essin,

20
     Dmitry Naumov in Italy and Boris Berezovsky back to Chechen mafia.

21
           David Sanikidse was in precarious situation because he was aligned with V.

22
     Ivankov "The Little Jap" at the time, when Ivankov was launching "major

23
     offensive" to smoke out Chechens from Moscow massacring rival gangsters,

24
     implying car bombings, violent bloodbaths on the streets of Moscow to the point of

25
     frightening away Western investors.

26
           It is politically incorrect to have looted government money in Moscow,

27
     laundered them in New York thru Bank of New York and send them back to

28
     Muslim terrorists in Chechnya, while Moscow is at war in Chechnya. Also D.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 21 of 140
 1   Sanikidze and S. Kakachia were interfering with S. Mogylevich take over of
 2   Georgian airlines as a way of transporting mass amount of drugs from Central Asia
 3   to Europe/ D. Sanikidze and S. Kakachia had travel agencies and hotel business/
 4   and his prostitution network in Germany. It was a high profile killing of 12
 5   prostitutes and hotel owner in Frankfurt am Mein/Germany/ at that time linked to S.
 6   Mogilevich in Budapest.
 7          Just 3 weeks after the conviction of V. Ivankov in New York, on July 11th,
 8   1996, D. Sanikidze is murdered on the freeway near Vienna in order to prevent his
 9   takeover in Brighton Beach-New York. D. Sanikidze was supposed to bring some
10   respectability to Russian Mafia in New York by clean criminal record, connections
11   with prominent politicians, participation in Commonwealth of Independent States
12   /CIS-former USSR/ Governments joint ventures.
13          Deprived from man power and guidance from Vienna and Tbilisi, S.
14   Kakachia is stuck in these relations with Chechen Mafia. At the day of his murder
15   August 13th, 1996, he is leaving around 7.20 p.m. - early in panic "Ascado"
16   steakhouse in Berlin, without meeting his business partner and dropping on the
17   table bag of money, most probably a "payment" to the Chechens, who did not show
18   up to collect it. As soon as his 600 Mercedes arrives in his home in Berlin-

19
     Wilmersdorf-Schlagenbader Rd. at underground garage               he is shot dead - 14

20
     bullets.

21
            It is not unrealistic to consider the Chechens involvement too, because they

22
     were aware the foot soldiers on D. Ioseliani are not protecting him any more, or

23
     because he is turning to be a liability for them too, connecting them to Jewish

24
     Oligarch Boris Berezovsky in Moscow, or to brothers Oleg Berezovsky in Rimini,

25
     Italy and Igor Berezovsky in Rennes, France. At the beginning of the conflict, the

26
     Chechens are talking for "Holly Jihad" with Moscow and are soliciting money

27
     from Muslim countries in the middle East, training in Turkey and Afghanistan, so

28
     getting Jewish money was "politically wrong".


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 22 of 140
 1          If Misha and Olga - as his neighbors - are only spying on him and providing
 2   logistic information about his habits to his killers, or they were part of his murder
 3   still an open question. All afterwards events are implying that fact - Misha and
 4   Olga had ransacked Kakachia home before the arrival of the police, getting
 5   information about his accounts, collecting a lot of cash. Allegedly this was their
 6   pay off for their active, or passive participation in his killing.
 7          After that day, Misha and Olya had abandoned their house in Wilmersdorf
 8   and they were on the run and Babaians didn't sleep two nights at the same place,
 9   although they owed/did not rent/ the same type condo than Kakachia had, they
10   were neighbors.
11          Exactly at this very time, the wife of A. Zinchenko - Lena is visiting with
12   them in Berlin/beginning of September of 1996/ and she was surprised why they
13   had abandoned their house and they are asking her to attempt to help them with
14   American Consulate in Berlin, by inviting them to visit with her in California. Here
15   is important to clear that-Lena Zinchenko's wife immigrated to US as Russian
16   Jewish and Michael and Olga were curious what kind of documents and proof are
17   needed to obtain such a Russian Jewish immigration visa. Of course Lena knew
18   perfectly they are not Jewish. Most probably US Consulate had information about

19
     Michael and Olga, or their involvement in Kakachia's death, when their application

20
     to visit was filed with US Consulate.

21
            Obviously to any US Consulate Officer, who is not corrupt, would be highly

22
     suspicious to have mother Lisa Babaian, father Mark Babaian and son Max

23
     Babaian-a baby couple of years old - traveling at the same time. Such a

24
     "TOURIST" visa in third country - Germany, is impossible to obtain by Armenians,

25
     Russians or Ukrainians. Every body, who is least familiar with East European

26
     immigration to the West could confirm that under affidavit.

27
            Here is important damaging detail too - according to Lisa Babaian

28
     depositions, all Armenian passports were obtained in Moscow thru Svetlana


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 23 of 140
 1   Samimi, the wife of Toufik Samimi brother - Rafik. If for adults some trade of
 2   black market documents existed, the case of a very small child, about one and a half
 3   year old in the spring of 1996, would be a difficult one to accept for regular black
 4   marketer like Svetlana Samimi, because of raised attention at customs related to
 5   children trade. Also a picture which is 7-8 moths old, may compromise the identity
 6   of the baby leaving Germany.
 7          Here is another "catch up". According to Mark and Lisa Babaian they had
 8   acquired their Armenian passports as Jewish Armenians, because they wanted all
 9   the time to immigrate to USA. Ethnicity does not give you any advantage if you are
10   just a "visitor". There are at least 200 ethnic groups in Russia alone. Regardless of
11   your ethnicity Russian, Jewish, Georgian for US Embassy in Moscow, or Berlin
12   you are just another Russian citizen, holding Russian passport, therefore changing
13   ethnicity could serve only one purpose - to hide your identity because of previously
14   committed crime.
15          Every State Department employee from embassy custodian to Secretary of
16   State would tell you, you could not obtain a "tourist visa" in third country, because
17   all pertaining information, regarding inadmissible visitors for political, military,
18   intelligence, criminal reasons is kept in the respective US Embassy-for Bulgarians

19
     in US Embassy in Sofia, Bulgaria, for Russians in US Embassy in Moscow,

20
     therefore US Embassy in Berlin as a regular way of business could not issue a

21
     "tourist visa" of Armenian citizens in Berlin.

22
            More that that, such a phony visas in a phony passports could not take you

23
     out of Germany, because the passports don't have "German entry visa" - if you were

24
     temporary in Germany, or permanent residency stamp if you are living in Germany

25
     as a foreigner. The address registration is mandatory anywhere in Europe, including

26
     Germany.

27
            Their visas were not immigration visas, because they applied for refugee

28
     status in California.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 24 of 140
 1           Here, in the game, are entering corrupt CIA and Intelligence agents, who for
 2   good pay, could help out with visas and passports to USA, local protection in
 3   exchange for money, a lots of money - $10 billion at least through Bank of New
 4   York. The new established Republic of Armenia did print most of its official
 5   documents abroad. Most probably the first Armenian passport were printed in USA
 6   and that option to make available such passports top special operatives abroad was
 7   real.
 8           Lucy Edwards in her "guilty" plea in New York-spring of 2000 confessed to
 9   have ordered "visas" through State Department friends for prominent "business"
10   people. For four years between September 1999 and April 2003, regardless of
11   involvement of at least 8 attorneys, the whole State Court system from L.A.
12   Superior Court to California Supreme Court failed to clear the documents of son
13   Max Babaian.
14           The scheme used in money laundering was simple-check up and security for
15   both sides. New, never used passports are issued/by US agents/ to mobsters in
16   exchange for money in USA. The mobster let's say Michael Dovganyuk sends
17   money to non existent person Mark Babaian through Bank of New York local
18   branch. If documents are fake, or he has a problem to cross the Atlantic, nobody

19
     could pick up the money in USA, nobody but the corrupt agents had knowledge

20
     Dovganyuk and Babaian are the same person.

21
             Once the mobster is in USA the money keep coming on the name Babaian in

22
     Swiss accounts, or are transferred through London and New York Branches of Bank

23
     of New York to USA. The corrupt agents are taking only cash, there are no

24
     documents, no witnesses, no nothing.

25
             Once the huge amount of money is transferred to USA in small, save

26
     installments, there is the end of the usefulness of the fake documents.

27
             An assault on legitimate businessmen from Eastern Europe, who are under

28
     FBI protection, would give the corrupt FBI Agents legal right to openly protect


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 25 of 140
 1   Russian Mafia, their own assets and even to ask for legitimate rechange of changed
 2   names/again/ to shield them from attacks, because of "sensitive information"
 3   delivered by them - Mobsters, Inc./
 4          Olga is a certified prostitute and Madam, Michael never had a steady job,
 5   never been professionally trained, no higher education, no foreign language
 6   knowledge and he was a Mafia "Hit man" in Germany- since he was discharged
 7   from the Soviet army. Cousin Igor, Igor Bond 007-just graduated as aircraft
 8   electrical engineer/not proven if he did/ never holding any valuable or steady
 9   position, but freely coming to USA in 1993, 1995, 1998, most probably on S.
10   Mogylevich sponsored business visas: 3 individuals WITH CRIMINAL
11   REPUTATION, who "mysteriously?!?! qualify for FBI protection????
12          So how Swiss, Italian, French, Georgian, Russian, German, Ukrainian,
13   Israeli or any other authority could trace these money IF THEY ARE
14   ASSOCIATED WITH PEOPLE EXISTING ONLY AT THE TIME OF
15   TRANSFER. There is no Mark Babaian living in USA, Germany, or Russia, or
16   Ukraine.
17         Meanwhile the two sides build up trust in USA. Corrupt agents are telling to
18   the criminals: What ever small crime you do-we could fix it. Grand theft,

19
     prostitution, illegal smuggling of people, credit card fraud - every thing is fixed.

20
     When you do these crimes "YOU ARE IN" and we know you are not going to report

21
     us.

22
            Mark and Lisa Babaian are busy to build up their Mobster Inc., as a grass

23
     roots organization with local Russian flavor. Here something has to be cleared up-

24
     coming to America they are rich gangsters, they have a lot of cash, but the problem

25
     is - Lisa Babaian is kleptomaniac, she could not stop stealing, EVEN if she does

26
     NOT need to. Obviously she stole money and information from Toufik Samimi

27
     and every thing was covered up with his death in Moscow.

28
            With help of Misha, she stole a lot of money from S. Kakachia, his death in


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 26 of 140
 1   Berlin, was a "cover up" to his robbery. Previously to the case at hand, Lisa
 2   Babaian has been involved in Mall grand thefts in Santa Monica and Newport
 3   Beach and with Igor Krassiyy in Credit Card fraud in Las Vegas.
 4          The case center problem of Zinchenko's BMW is typical for Lisa Babaian
 5   - Zinchenko - according to court transcripts - had $8,000 invested in the car/$5,000
 6   at the purchase and 4 installments between April/August of 1996.
 7          The black market cost for bringing in USA Mark's half brother and mother
 8   from Mexico in the Spring of 1996 is 2x$10,000 totaling $28,000 for a used BMW,
 9   bought for $27,000. Zinchenko is a Lisa's partner in Santa Monica grand theft, in
10   Las Vegas Credit Card fraud, and like Samimi in Moscow and Kakachia in Berlin
11   he "the partner" is robbed, not dead because the killing contract with Mafia
12   Attorney Victoria Bezman falls apart, but at least Zinchenko was "sent" for life in
13   Prison, his father V. Ivlev was "sent" for life in prison, his wife and child horrified
14   from killing treats have escaped back to Ukraine.
15          These Lisa's supermarket grand thefts are absolute match, identical to
16   supermarket grand thefts of Lucy Edwards and Peter Berlin in New York and New
17   Jersey in 1992, just before their involvement with bank of America money
18   laundering scandal. If Lucy Edwards lied about Peter Berlin not to be her husband

19
     in order to obtain a position for him with Bank of America, absolutely in the same

20
     pattern Lisa Babaian, lied to be married to Mark Babaian, although they have never

21
     married and Mark is not the father of Lisa's child.

22
             Mark and Lisa Babaian have been "partying" day and night preparing on

23
     regular base barbeque for 40-50 people- this is a recruiting "open house". Just

24
     electrical bill is over 1,000 bucks a months. The clever experienced Madam is

25
     analyzing these drifters, WOPS/With Out Papers/, Drug addicts, Adventurers,

26
     Musicians, Street Peddlers and she is tailoring assignments for each one of them.

27
     Zinchenko and Guryevich are even "honored" to live in the house.

28
            Counting on their FBI "roof"/protection/ they are not shy to share with


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 27 of 140
 1   everybody how successful was their Supermarket Organized theft in Germany
 2   involving organized shoplifters and swap meet sellers. These fancy stories-true in
 3   general-still a cover up for the killing of S. Kakachia and ransacking of his place in
 4   Berlin, still "cover up" for the "Hit man" M. Dovganyuk in Berlin. That's why they
 5   are told to every body.
 6          Her sister Ludmila Gregyl from Helsinki operations is in too, as well is
 7   cousin Igor Krassiy, or more correctly to say Igor Bond 007, a homosexual, a body
 8   and intellectual prostitute, who is in charge of electronic transfers of huge amounts
 9   of money under CID Laboratory(Clinical Immuno Diagnostics laboratory) a phony
10   cover up for bank fraud.
11          In any other legitimate business-involving production and services-is
12   possible to check up profits and losses, compare to similar size businesses. How
13   you do it with this phony lab? You compare it to what type of business? Here the
14   credit goes not only to Igor Krasiy, but to Russian Mafia "brainy don" - S.
15   Mogylevich. His original business YBM Magnex was in troubles when Canadian
16   Stock Market brokers and analysts realized most of YBM Magnex customers are in
17   former Soviet Union states and Ukraine, there are no warehouses and shipping of
18   large amount of magnet products. I Krassiyy as aircraft electrical engineer highly

19
     qualified for YBM Magnex employee, most probably as part of his previous

20
     business ventures in USA in 1993 and 1995. He is doing "nothing" in CID Lab., but

21
     Mark and Lisa Babaian as well are helping him out in doing "nothing".

22
            How a person with electrical/electronic engineering back ground qualifies

23
     for medical immuno-diagnostics researcher, so "knowledgeable", "so advanced","

24
     so promising" than just landing from the plane in his mid 20ies, after couple of

25
     bankrupt ventures, he establishes that laboratory, he is the manager-a person who

26
     never had a steady job, or any experience in any thing over seas and a bank - Bank

27
     of Commerce, located on the third floor inside of US Bank, San Diego is willing to

28
     spend millions of dollars on that immuno-diagnostics "research" spearheaded by a


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 28 of 140
 1   layman in medical and micro-biology, virusology medical fields. Any body, least
 2   familiar with research work, would tell you stories about world renowned
 3   celebrities, who could not budget their research, even after years and years of
 4   publicity and lobbing- how this con man Igor Bond 007 did it?
 5          Here we see striking similarities in Bank of New York money laundering
 6   expansion in California-Commercial Bank and Semex Co. in Northern California
 7   and Bank of Commerce and CID Lab. in Southern California. This financing and
 8   helping is even more wondrous, when you consider the fact, that Igor had couple of
 9   failing business ventures ending up in bankruptcy, no credit history in 1998, no
10   major publications, or any similar employment in that field, previously to CID Lab.
11   opening.
12          Going back to Mobsters, Inc. build up - between the locals, the favored one
13   is Alex Zinchenko, a friend from Sochi. He is invited to live in the house. Some
14   money are spent to repair his teeth, health and moral character. He is trained in
15   Supermarket theft and when caught with Lisa, corrupt agents covered it up. They
16   cover up even $50,000 Credit Card fraud involving him and Ivan Bond 007, pardon
17   us Igor Krassiyy.
18          A leave away "escape car"-black BMW is bought and left with Alex

19
     Zinchenko. Most probably the car was designated to move computer hard drives,

20
     the money transferring server, the spare set of I.D. documents and bank codes. Both

21
     Igor and Mark have access to the car at any time-Igor and Zinchenko share the same

22
     carport garage with the same remote. Considering the recent marriage of A.

23
     Zinchenko and his small child, they knew he is always around. They also knew

24
     Zinchenko had too many friends using the car, which would make it very difficult

25
     to clear what and when was "planted" in the car and by "whom". The car was

26
     bought exactly at the time when Mobster Inc. thru FBI were aware of British

27
     National Criminal Unit probe in London. Most probably the car was bought as a

28
     "business evacuation vehicle" after "brainy don" S. Mogylevich was informed about


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 29 of 140
 1   his attorneys Peter Black-Turner and Adrian Bernard Churchward and his wife
 2   Gallina Vassilyevna, ex-wife of S. Mogylevich and mother of his son studying in
 3   Englad prestigious private school, that they have been investigated.
 4          The car had to serve another very important purpose too. Alex Zinchenko on
 5   his own risk drives to Tijuana/Mexico/ with Igor Zhukov to pick up Mark's mother
 6   Yaroslava Krassiyy and Mark's half brother/the same mother, different father/
 7   Yaroslav Chero-Knyzhniy.
 8          But that huge, dangerous and complicated game has a crack in New York.
 9   After dragging on its feet for more than 6 months after being notified by British
10   Intelligence, prompting UK officials to appeal directly to White House to take
11   action, on August 18th, 1999 FBI is starting full blown investigation and indictment
12   in the Bank of New York - the Russian Mafia Gate. In charge is Lewis Shiliro,
13   Assistant Director of FBI, Chief Criminal investigations - New York Office. The
14   same Lou Shiliro which investigation of Lufthansa theft at JFK airport brought
15   in No arrests, No money recovered, and the witnesses were
16   all dead.
17          In August 1999 FBI Los Angeles Office had a new boss. James V. DeSarno
18   Jr., a 23-year veteran of the FBI who had both a Master's degree in clinical

19
     psychology and broad experience in investigating fraud and corruption. The right

20
     person to cover up huge amount of fraud money coming to California. His prime

21
     special agent Jennifer Amo is a specialist in money fraud too, not in carjacking.

22
            The plan is simple: Provoke and Stage attack on our legitimate Mobster Inc.,

23
     document bogus fear for their life and property, and that would bring in FBI corrupt

24
     cover ups.

25
            On September 8th and 17th two FBI provoked squabbles over a shared car

26
     - black BMW brings in swarms of FBI agents. No car is stolen, there is NO

27
     INVESTIGATIVE MATTER because it is known what happened and where and

28
     even why. This is election time and FBI has nothing to do and nothing to put on


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 30 of 140
 1   their time sheet - just before September 11th, they have nothing to do. In USA
 2   every 30 seconds a car is stolen and the attempted carjackings are few times more.
 3         James V. DeSarno Jr. is dedicated to do so good job(God only knows how
 4   much money and the reputation of how many people in President Clinton
 5   administration were at stake NK)than his over zeal just blows the whole operation
 6   out of proportion. Moscow’s papers implied that, the US Republican Party had
 7   inflamed the scandal to harm the presidential prospects of Al Gore. The Italian
 8   newspaper Corriere della Serra alleged that, the scandal reached President Yeltsin
 9   and his daughter, both of whom had credit cards paid for from an account in
10   Switzerland registered with Mabetex bank. Yeltsin’s son-in-law held two accounts
11   at the Bank of New York’s branch in the Cayman Islands.
12          In USA every 30 seconds a car is stolen and the attempted carjackings are
13   few times more. California is roughly 11% of USA population , so every 3-4
14   minutes a car is stolen in California. To put a squad of FBI agents: D. Spiser and J.
15   Amo with Babaians and agent named "the Korean" with I. Krassiyy to work day
16   and night, to sleep and drink with Mobsters Inc., for month after month from
17   September 1999 to end January 2000, to do illegal wire tapping and eavesdropping
18   on American citizens Zinchenko and Ivlev, using couple of snitches I. Martynovich

19
     and Vadik had made the whole operation very, very phony, but the big idea is to

20
     protect money gate from New York investigation.

21
            Most probably these laundered money were send back as legitimate US

22
     investment in Russian privatization, as payments to different criminal structures

23
     through the channels in Italy, Swiss, Austria and Germany. Most damaging of all

24
     would be the money send through D. Sanikidze and S. Kakachia to Chechen Mafia

25
     and to Israel. At the moment when the Russians are at war with Chechen Islamic

26
     fundamentalists and terrorists - to find out and to prove that, the Russian money

27
     stolen from Government in Moscow are laundered in USA by Bank of New York

28
     and send back to Chechens to fight Moscow in Chechnya would be devastating for


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 31 of 140
 1   top politicians in the both countries and for Jewish community also, because most
 2   of the people involved in Bank of New York scandal are Jewish. Ten percent of
 3   Israel's " five million Jews" are now Russian, and 10 percent of the " Russian
 4   population "is criminal," according to NYPD notes of a briefing in Manhattan by
 5   Israeli police intelligence official Brigadier General Dan Ohad.-R. Friedman"The
 6   Red Mafya"Page 277 It is not far from reality to believe the money transferred to
 7   Bank of Commerce, located on the third floor of US Bank at 9918 Hibert St., San
 8   Diego CA 92131 in the close proximity/walking distance-about a mile/ of US
 9   Marines Miramar Air Station with its huge military airport could be used for CIA
10   operations in Latin America.
11          Igor Bond 007 is a perfect fit for such an operation-he is fluent in Spanish
12   /Igor studied in Cuba for many years/, English and Russian. Igor is over 6 feet tall
13   and darker complexity-perfectly blending in any Latin American country. He is the
14   best candidate for CIA and Semyon Mogilevich to flood "evil empire" Russia with
15   cheap drugs from Columbia in helping the country transition to market economy.
16          For CIA this is very patriotic, when they could divert the drugs to Europe,
17   instead to have them coming to USA. CIA could not stop them, but they could
18   divert them somewhere else particularly with laundered money in New York-dirty

19
     money for dirty purposes.

20
            Bank of New York problem is of Global proportions. The Bank of New

21
     York transfers more money per day around the world than any other bank, $600

22
     billion a day. Estimates are that between $500 and $1500 billion, equivalent to 5%

23
     of gross world product, is laundered every year through the world’s banking

24
     system.

25
            The Bank of New York is by no means the only institution involved in the

26
     looting of Russia. Additional news stories have revealed links to Massachusetts

27
     banking giants Fleet Financial and Bank of Boston. Other news stories have

28
     suggested connections to Russian organized crime operatives in San Francisco.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 32 of 140
 1   Credit Suisse, Union Bank of Switzerland, Dresdner Bank, Westdeutsche
 2   Landesbank and Banque Internacionale of Luxembourg have been scrutinized for
 3   their role in the matter.
 4         Number of people have been investigated by US and UK law enforcement
 5   agencies in connection with the laundering of $15 billion through the Bank of New
 6   York and the Republic National Bank. Among those named were Mr. Yeltsin's
 7   daughter, Ms Tatyana Dyachenko, along with close Yeltsin associates, Mr. Anatoly
 8   Chubais and Mr. Alexander Livshits, both former finance ministers, and the former
 9   deputy premiers Mr. Vladimir Potanin and Mr. Oleg Soskovets.
10         Here is needless to say the Bank of New York scandal was very dangerous
11   for Russian Jewish Oligarch Boris Berezovsky, for whom the father of Igor Bond
12   007/Igor Krassiyy? was working in Cuba. Boris Berezovsky was due for Russian
13   Duma elections in December of 1999 and this scandal was crossing his way to
14   Russian legislature. Particularly damaging to him were his connections to Chechen
15   Mafia and funds send to them by Bank of New York.
16          The case has being handled jointly by the FBI and the US attorney’s office
17   in New York, also in collaboration with Swiss, British, Italian and Russian
18   authorities. FBI had queried institutions in 45 countries and the Swiss government

19
     has frozen a number of accounts connected to the case.

20
            The money basically followed up the path of Russian Jewish immigration

21
     having New York as the city with largest Jewish population as a center, significant

22
     activities and arrests in Miami, Florida and nothing in Los Angeles ?!?

23
           The Jewish Diaspora in Los Angeles is the second largest ceding only to New

24
     York and no money laundering here, noticed by FBI. It is well known fact that V.

25
     Ivankov "The Little Jap" had a night club in L.A. as well did have Semyon

26
     Mogilevich. Most probably the Judges in this case W. Pounders and D. Horowitz-

27
     two appointees of Armenian by origin Governor of California - G. Deukmejian

28
     were reached and manipulated by the lobbying of Moucheg Azatian/Misha/ a close


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 33 of 140
 1   friend of V. Ivankov in L.A. Also Semyon Mogilevich ex-wife Tatyana and his
 2   daughter Mila were living in Wilshire Blvd. in close proximity to money laundering
 3   center at 4520 Wilshire Blvd., LA 90010, and his mistress Galina Grigorieva was
 4   also living in this part of the city.
 5          Here is Semyon Mogilevich's chief lieutenant Vladimir Berkovich owner of
 6   Palm Terrace Club, numerous are his associates in Hotel Casa del Mar - Santa
 7   Monica bay pier. The son of Vladimir Berkovich-Oleg was convicted in Los
 8   Angeles in 1989 for soliciting a murder contract for Semyon Mogilevich.
 9          Another key stockholder was Mogilevich associate Alexei Viktorovich
10   Alexandrov, aka "the Plumber." His nickname stemmed from his deft handling of
11   "leaks" and planting disinformation for Mogilevich's organization. He was also
12   Mogilevich's contact with the Hungarian National Police, and the source of
13   derogatory information on Mogilevich's competitors. Based in Prague, the Plumber
14   was also responsible for procuring Russian women for Mogilevich's sex market.
15   Like many of Mogilevich's colleagues, he is well educated, holding degrees in
16   economics and engineering, as a classified FBI document reveals. The FBI also
17   reports that he has an address in Los Angeles. Alexandrov, a director of Arigon
18   Ltd., was one of the five who were declared "persona non grata" after the incident at

19
     the "U Holubu" nightclub in Prague in 1995.

20
            Looks like even the new Protecting Young Witnesses Act of 1999 was

21
     deployed. This is a legitimate tool to hide the identity of our mobsters, to give them

22
     temporary new protected residence and money, to change their names as far as New

23
     York Bank investigation is going on.

24
             So much money are at stake than both sides need security. All small

25
     associates of Mobster Inc have to go as unwarranted witnesses in Bank fraud

26
     probe. FBI targets A. Zinchenko and his father Victor, because they knew Olga

27
     and Michael before and Lisa and Mark now. He is a perfect witness against

28
     Mobster Inc. On September 8th, 1999, Mark according to the plan, snatches the


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 34 of 140
 1   Black BMW, anticipating some assault under the "heat of passion".
 2          When the created "Labor Dispute" in Mobster Inc. erupts between bosses
 3   Mark and Lisa and their temporary employees Zinchenko, Barashkov, Zhukov,
 4   Tairov regarding undelivered payments for transferring Mark's relatives across
 5   Mexican border - abusive statements and fists are traded from the both sides.
 6          Even Igor Bond 007 is here to help, claiming he has the keys of the car, not
 7   Mark. The Mobsters Inc are "so scared" than couple of hours after the altercation in
 8   Mark's house, they go back to A. Zinchenko residence to talk over. Igor Bond 007
 9   knows how much money corrupt agents share with them, so he is bringing two FBI
10   informants Josef and Igor Martinovich to help. Even two police cars show up, just
11   in case.
12          Few days later mob attorney by "her own words" Victoria Bezman informs
13   A. Zinchenko, Barashkov, Zhukov she is in contact with the "hit man", who
14   suppose to kill them by Igor Bond 007 and Mark Babaian contract, but if they pay
15   $10,000, she would call the hit off. To prove he knows them, the "hit man", is citing
16   Barashkov's I.D. left in black BMW. Very important detail: In the Transcript of
17   Tape No. 18 on bottom of page 2/p.265 Transcript on appeal/, the attorney of
18   the Mafia Mrs. V. Bezman is saying: "Igor ordered the killings"

19
            Here we go - the level of sophistication of James V. DeSarno Jr., a 23-year

20
     FBI veteran with Master's degree in clinical psychology: when A. Zinchenko pays

21
     the money, Victoria Bezman suppose to frame him in reverse by claiming

22
     he/Zinchenko/ paid contract money to kill Mark and Lisa Babayan. Hellas, that

23
     "genius plan" of Mr. deSarno is thwarted by Zinchenko, who tapes the conversation

24
     with Victoria Bezman and she could not accuse him of initiating the killing

25
     contract. The idea to scare off Zinchenko and his friends still valid.

26
            On January 21st, 2000 when FBI searched Zinchenko's residence, this tape

27
     is the first thing to be sized as prove of FBI involvement, because the cited by V.

28
     Bezman - Barashkov's I.D. turned to be in possession of FBI at the time of killing


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 35 of 140
 1   contract./If the Law allows to confiscate property with no probative value to the
 2   purpose of search - car jacking and conspiracy to attack Mark and Lisa Babayan?
 3           On September 17th, 1999 around 8.30 a.m. Mark is attacked up front of
 4   children academy on N. Vista 1042, where he is taking his so called "son". Why he
 5   is attacked, because he refuses to give up the keys of the car.
 6           If a "normal" person, regular citizen, a businessman would resist to
 7   give up the car keys risking his life-No! Never! But, here we have a "gangster"
 8   and former "Hit man" of Russian Mafia in Germany - definitely he would react
 9   and do the things different from common sense person. Obviously this brand new
10   car was insured, therefore no normal person would resist carjacking, when he could
11   collect the insurance - obviously on September 17th, Mark Babaian resisted the take
12   over, not of the car itself, but because of contents-whatever was hidden in the car -
13   fake documents, bank software and codes, computer hard drives, drugs, illegal
14   guns.
15           That was the real reason not ONLY not to call 911, but ALSO to fleet the
16   spot as quick as possible. Why you would like to deprive the police of First hand
17   information. Why you don't wait for the police to "take care of your so called "kid"
18   still in the reach of assailants in nearby child care. Every normal person in his

19
     situation would call 911, because the greatest chance to catch up the assailants is in

20
     the "fresh pursuit". Why in the world you would miss that opportunity? Very

21
     simple - you don't want the police to check up and search your car too! That's

22
     why?

23
             Another logical question. Why he did not follow them up? Obviously their

24
     old car would not be a match for his brand new silver BMW. They don't have fire

25
     arms - they attacked him with kitchen knife. Following them up, meanwhile he

26
     could call 911 to direct the pursuit in the right section of the city, this is not a

27
     freeway chase and the lights and stop signs could cause them to crash. He is not an

28
     Amateur in these matters-he is a professional gangster.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 36 of 140
 1          He does not report it for the next couple of days, he is not busy to go to
 2   emergency, he drives by himself home - 2 miles in the worst morning traffic
 3   situation including 25 intersections-lights, stop signs. So, there is no post trauma
 4   stress, or lack of mental, or physical control.
 5          According to FBI Report he asks a friend Natasha Kardonskaya, who was
 6   working at the car wash, to wash off his car and to call 911 ONLY after. What is
 7   missing here is: "What he downloaded from silver BMW at home, or may be at
 8   the way home". If these were drugs or just illegal weapons, we have here another
 9   good reason to be attacked on the street, and another compelling reason for Mark to
10   resist to give up the keys, not because he cherishes that much the insured car, but
11   because of the contents of that car. That reason is compelling enough for him, not to
12   look for the safety of the "kid", his so named "son" Max - another faked feature of
13   the Mobster's family.
14          In FBI report, page 38, ¶ 3 from top, he is advising FBI not to interview
15   Natasha Kardonskaya, because she is a friend of Zinchenko?!?! Mark's bleeding is
16   stopped without operation using new procedure.
17          The wound is potentially dangerous because of hours of bleeding, but not
18   life treating. Regardless of that fact shared by Dr. D. Mandavia, he hides in the

19
     hospital for 6 days. According to depositions of treating Doctor and Lisa Babaian

20
     the procedure took no longer than 1 and 1/2 hour and Lisa was back home after 3.00

21
     p. m. With all paper work time added up to this hour and a half, he was in ER room

22
     around 12 a.m. - not early than lunch time. The three hours between 9 a.m. when he

23
     drove home untill 12 a.m. when he checked in ER room what Mark has been doing,

24
     to whom he was talking to? Most probably to cousin Krasiy and to corrupt FBI

25
     agents. FBI SA Jennifer Amo perfectly understands that lapse of time, that's why

26
     she embushes Dr. Mandavia         in the hall way, just to give his testimony and

27
     suddenly he could not remember at what time of the day he treated Mark.

28
            Why Mark is not busy to leave the hospital, if there was no operation? He is


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 37 of 140
 1   a mobster, who is not busy to run a day to day business, or anything on regular
 2   base. This is needed to justify FBI protection and change of identity.
 3          For four whole months between September 17th, and January 21st, a sworm
 4   of FBI agents is deployed doing illegal wiretapping and eavesdropping, using FBI
 5   snatches Igor Martynovich and Vadik,- men with quite suspicious reputation, never
 6   called as witnesses - to do the dirty job, to ask provocative questions over and over
 7   claiming to father of A. Zinchenko - V. Ivlev, I. Martinovich knows every thing,
 8   because Zinchenko told him. He is trying very hard to extract confession from
 9   Zinchenko,s father Mr. Victor Ivlev, but could not succeed.
10          Tax payers are paying wages, overtime, reports on process of framing US
11   Citizens Mr. Ivlev and Mr. Zinchenko in order to protect Mobster's Inc., enterprise,
12   where corrupt US agents and Russian mobsters have equal stakes. Amazing.!!!
13   This is just before September 11th. Where are the checks and balances of this
14   country, of this terrorism minded Government regarding FBI -"Famous, but
15   incompetent". Don't forget corrupt.
16          In the probe of Bank of New York money laundering, after UK National
17   Crime Unit reported it in September 1998 to FBI Headquarters, - only ONE
18   SINGLE FBI agent is monitoring $7 bullion sneaked under his nose. Finally, when

19
     on August 18th, 1999 desperate UK Unit by passed FBI and reported directly to

20
     White House, the forced to do something FBI cached up only $20 million.

21
            Here in California, about attempted carjacking of one used BMW car, no

22
     lethal issues, no organized gang dealers - we see THREE PERMANENT TIME

23
     FBI AGENTS: J. Amo, D. Spiser and "the Korean", plus few snitches I.

24
     Martinovich and Joseph working full time ON NOTHING!?!? Has to be something

25
     isn't it Mr. deSarno Jr.?-we don't believe you - the veteran with 23 year experience,

26
     to be that dumb, or that irresponsible?!? In Rampart Police scandal involving 100

27
     allegedly corrupt cops and few hundred tainted cases, FBI under directions of US

28
     Attorney A. Mayorkas and the same J. deSarno Jr has deployed ONLY 5 agents.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 38 of 140
 1   How the Rampart scandal and car dispute, not even a car jacking because A.
 2   Zinchenko is BMW insured driver, qualifyed for the same attention. Amazing?!?
 3   Isn't it?! Not the logical, but Talmudic interpretation of FBI priorities.
 4          A. Zinchenko is arrested and charged under USCA Title 18 § 2119
 5   carjacking with body injuries. The case is assigned personally to the merciless US
 6   Attorney in Los Angeles Alejandro Mayorkas.
 7         At the age of 39 Mr. Mayorkas was the youngest U.S. Attorney in the nation.
 8   He supervised more than 240 Assistant U.S. Attorneys and oversaw the
 9   investigation and prosecution of cases involving complex securities and financial
10   institution fraud, international money laundering, civil rights violations, high-tech
11   and computer-related crime, defense procurement fraud, corrupt public officials,
12   environmental crime, organized crime, narcotics trafficking, and racketeering. Mr.
13   Mayorkas was the chief federal law enforcement official in a District spanning
14   approximately 180 cities with an aggregate population of 18 million people.
15          But the case is bogus - there are only two types of evidence: illegal typing
16   and made up stories of Mobsters Inc., after 4 months of coaching and teaching by
17   mediocre FBI agents Jennifer Amo and Dona Spiser. In the whole pile of tapes-17,
18   there is no investigative matter-who belongs to carjacking, where they meet, how

19
     they finance, where they sell parts and stolen cars.

20
            The whole pile of tapes does not contain a single question about

21
     organized carjacking, but the "highly trained", "highly specialized" SA J. Amo is

22
     claiming as a primary reason for search and arrest a carjacking violation of federal

23
     law - amazingly bogus! Amazingly stupid!?! Isn't it!? This is equal to try to frame

24
     somebody on DUI next day by asking questions how was the "party" previous night

25
     and if he was drunk and drove. God bless America with that kind of FBI

26
     professionals.

27
            Here is another logical question. Why you would make this pile of worthless

28
     tapes, if you know Mr. Zinchenko and Mr. Ivlev attacked Mark Babaian? How you


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 39 of 140
 1   prove conspiracy of Zinchenko and friends, after the crime is already consumed?
 2   All these illegal tape activities are "back up" documentation, justification to
 3   identities change of gangsters Mark, Lisa and Igor. This theory is supported by the
 4   fact that for 4 months before A. Zinchenko arrest in January 21st, 2000 and for two
 5   years until V. Ivlev arrest in September 2001, FBI is after them not for the crimes
 6   done before September 1999, but hopefully provoking, teasing them for future
 7   crimes, well documented, well prepared to tackle. Why FBI is not arresting
 8   Zinchenko for 4 months, obviously not very dangerous person, posing immediate
 9   treat to Mark and Lisa Babaian, but FBI /not DA Office, not Detective Cohen, not
10   Magistrate Judge Curtis Rappe/was asking $2,500,000 bail, because he is very
11   dangerous?!? How for almost 2 years between January 2000 and September 2001
12   an outstanding order for V. Ivlev exists, but he does not pose any treat to anybody
13   and is not arrested, at the same time in the August 31st, 2001 warrant FBI /not DA
14   Office, not Detective Cohen, not Magistrate Judge Curtis Rappe/ was asking
15   $1,000,000 bail, because he is very dangerous individual. Zinchenko is released on
16   home arrest of $20,000 Federal bail and held in State custody on $2,500,000 State
17   bail - more than 100 times difference. So bail schedules on Federal and State level
18   more than 100 times different?!?!

19
            Any common sense person would laugh at that FBI professional-amateur

20
     assessment of public danger posed by Zinchenko and Ivlev. Most probably the

21
     whole surveillance, videotaping and teasing of Zinchenko and friends supposed to

22
     produce another "heinous crime" and promotion for FBI successfully tracking and

23
     apprehending them. Helas! Democrats lost elections in 2000, A. Mayorkas

24
     reputation was compromised after C. Vignali pardon and James V. deSarno had to

25
     leave in September 2001, so FBI dragged in Zinchenko in Federal Court and after

26
     that V. Ivlev in State Court without making it to "big promotional case" of cracking

27
     on "Russian organized crime".

28
            It is also another problem in the case: our mobsters Mark, Lisa and Igor


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 40 of 140
 1   committed a lot of federal crime: smugglings illegally relatives across Mexican
 2   border, passport, visa fraud, lying under oath to INS, lying under oath to DMV,
 3   grand theft in two malls-Santa Monica and Newport Beach, smuggling cash across
 4   the border. How you divide the Mobster Inc. on good criminals Mark, Lisa and Igor
 5   and bad section - Zinchenko and friends, based on your own personal share in
 6   looted money? Impossible to believe it, but whatever impossible in Federal was
 7   done in State Court.
 8          So there is no Federal investigation, no interrogatories, just keeping
 9   Zinchenko and friends as hostages in the intricate balance of trust between Mobster
10   Inc. and corrupt FBI. Also FBI has a perfect opportunity to collect a lot of evidence
11   against Mobster Inc., which is also a good warranty they would not do any thing
12   stupid and run away with the money. Mobster Inc Mark, Lisa, Igor surrenders to all
13   conditions. They have the body of Toufik Samimi left in Moscow, the body of
14   Shakro Kakachia in Berlin and here this pile of FBI evidence against them.
15          The good name of US Attorney A. Mayorkas was destroyed by his
16   involvement in the pardon of Carlos Vignali, a drug kingpin, who had served six
17   years of a fifteen year sentence for federal narcotics violations driving 800 pounds
18   of heroin from L.A. to Michigan.

19
            Every federal prosecutor involved was adamantly opposed to considering

20
     commutation for Vignali. But Vignali did get support from a Clinton-appointed

21
     U.S. Attorney in Los Angeles, Alejandro Mayorkas, who had nothing to do with the

22
     case, from Congressmen who were recipients of contributions from Horacio Signal-

23
     the father, and even from Cardinal Roger Mahony, who, after the story broke,

24
     acknowledged making a "serious mistake" in writing to President Clinton on behalf

25
     of Carlos Vignali, who he didn't know. President Clinton commuted Vignali's

26
     sentence and a big drug dealer walked free on January 20, 2000.

27
            After change of Administration and Carlos Vignali case, US Attorney A.

28
     Mayorkas was a lime duck waiting to be replaced in March of 2001 by Superior


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 41 of 140
 1   Court Judge Debra Wong Yang.
 2         The case was bogus and after a motion to dismiss from Attorney Gregory
 3   Nicolaysen on October 2d, 2000, it was dismissed on September 25th, 2001.
 4

 5         GROUNDS FOR ISSUANCE OF WRIT OF HABEAS CORPUS
 6         We believe the abuse of fair and due process, the miscarriage of justice in
 7   People v. Zinchenko is as deep, and as widespread, exactly matching like twins
 8   Lambert v. Blackwell case.
 9         Lambert v. Blackwell is the targeted degree of abuse of Constitutional fair
10   and due process in this Habeas Corpus procedure. Lambert v. Blackwell. 962 F.
11   Supp. 1521 (E.D. Pa. 1997), vac'd & remanded on no exhaustion grounds. 134
12   F.3d 506 (3d Cir. 1998) (petitioner "proved at least by clear and convincing
13   evidence" "at least twenty-five'' instances of "obstruction of justice, perjured
14   testimony, the wholesale suppression of exculpatory evidence and the
15   fabrication of inculpatory evidence by prosecutors and police officers which
16   resulted in "trial [that] was corrupted from start to finish by wholesale
17   prosecutorial misconduct" and conviction of innocent woman: on appeal, circuit
18   court vacates and remands for exhaustion of state remedies, commenting that

19
     exhaustion will let state courts correct their own errors).

20
           GROUND ONE: Violation of Right to Due Process of Law

21
     regarding access to Petitioner files in US District Court File No. 00-CR-

22
     89 and L.A. Superior Court: File No. BA221557/Fourteen Amendment

23
     Right/The denial of access is also a violation of Freedom of

24
     Information Act and California Public Law Act.

25
           A. Zinchenko is incarcerated in California Calipatria State Prison: V00139-

26
     B4-137. Due to three Warden changes since December 2005: R. Stuart; G.

27
     Guarbino; L.E. Scribner and frequent Administrative segregation A. Zinchenko

28
     had limited time to work on his petition and relied completely on help from


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 42 of 140
 1   outside.
 2            World Outreach House of Prayer, Inc. -1438 Oak Street, Los Angeles, CA
 3   90015, Phone: (213) 741-0155; Fax: (213) 741-0270; www.wohopchurch.com has
 4   an active program to work with California inmates, who in time of their
 5   incarceration turned to be BORN AGAIN CHRISTIANS. The Ministry involved
 6   two individuals: N. Kolev-Phone:562-291-9681 and S. Radomsky- Phone:323-
 7   724-4971 . In January 2006 A. Zinchenko send a General Power of Attorney to
 8   Nick Kolev in order to facilitate his access to court files.
 9           The California Public Records Act is contained in Government Code §§
10   6250 to 6268.1 The act creates the right for a private citizen to inspect all public
11   records in the hands of any state or local agency, Government Code § 6253 except
12   for records specifically exempted.
13           Legislature, although remaining mindful of the right to privacy, found that
14   access to information concerning the conduct of the people's business is a
15   fundamental and necessary right of every person in the state Government Code §
16   6250.
17           A person may bring proceedings for injunctive or declarative relief or writ of
18   mandate in a court of competent jurisdiction to enforce his or her right to inspect or
19   receive a copy of any public record. Government Code § 6258 The court must set a
20   hearing on the matter, and must also set the deadlines for the filing of responsive
21   pleadings. The judge sets the times for the pleadings and the hearing, with the
22   object of reaching a decision on the matter at the earliest possible opportunity.
23           The Public Records Act may not be deemed to limit or impair any right to
24   discovery in a criminal case. Government Code § 6260 Therefore, defense counsel
25   in a criminal case should seek arrest records and police reports under the discovery
26   provisions of Penal Code §§ 1054.1 and 1054.5
27           Even though court records are specifically exempted from the Public
28   Records Act, See Government Code § 6254 and are thus not subject to disclosure

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 43 of 140
 1   under the act, both the First Amendment to the United States Constitution and the
 2   state constitution provide broad access rights to judicial hearings and records
 3   United States Constitution, Article I; California Constitution, Article I, § 2(a).
 4         The California Rules of Court, Rule 980 permits film or electronic media
 5   recording or broadcasting of court proceedings, on written order of the court
 6         The names of qualified jurors drawn from a juror list for the superior court
 7   must be made available to the public on request unless the court determines that a
 8   government interest, as defined in Code of Civil Procedure § 237(b), requires this
 9   information be kept confidential or its use limited Code of Civil Procedure §
10   237(a)(l).
11         Any person may petition the court for access to these records. The petition
12   must be supported by a declaration that includes facts sufficient to establish good
13   cause for the release of the juror's personal identifying information- including
14   names, addresses, and telephone numbers. Notwithstanding these provisions for
15   sealing juror information, the defendant or defendant's counsel may petition for
16   access to personal juror information necessary for the defendant to communicate
17   with jurors for the purpose of developing a motion for new trial or any other lawful
18   purpose, such as an appeal. The information may include jurors' names, addresses,
19   and telephone numbers Code of Civil Procedure § 206(f)
20         1./SUPPORTING FACTS:
21
           Since January 11th, 2006 N. Kolev wrote a formal letters to US District

22
     Court Chief Justice ALICE-MARIE H. STOTLER; to Mr. John Clarke- CEO L.A.

23
     Central Criminal Operations; to five trial attorneys: T. Flier; C. Leftwitch; M.

24
     Cavaluzzi; Sperber; P. Lake.

25         Also N. Kolev made a formal request to US District Judge C. Snyders; to

26   L.A. Superior Court Trial Judge W. Pounders, to Prosecution team DA Assistant
27   A. Colannino - None of them producing answer, or making the files available, or
28   justifying the reason to deny them.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 44 of 140
 1
           Meanwhile the final Petition carried in person to Zinchenko in February did

 2
     not reach him because visitation officer Lt. Bell denied access to him. N. Kolev

 3
     addressed the problem writing letters to CF Calipatria Litigation Department Ms.

 4
     Gabriella Nunez; filed a complaint with Rancho Cucamonga reviewing office;

 5   send letters and faxes to Lead Ombudsman Ken Hurdle and even Secretary of

 6   Department of Corrections-Mrs. Jeanne Woodford. Although he received an
 7   answer from Warden L.E. Scribner, the problem was not corrected.
 8         On February 23, US Magistrate Judge F. Olguin dismissed the Petition with
 9   leave to amend. The dismissal was bias because did not consider any of the
10   Petition grounds, including double jeopardy claim, demanding court investigation.
11   Also he was directing Petitioner to file amended petition to nonexistent warden.
12         Motion for extension of time; Motion for Peremptory Challenge of US
13   Magistrate Judge F. Olguin, send to Zinchenko on March 7th, with over night
14   express never reached him, although was send to him by fax and by mail and
15   unsigned courtesy copy was filed with court on March 23, 2006. N. Kolev filed a
16   notice for destruction of express mail. A. Zinchenko signed the fax version, but
17   mail version although claimed lost by USPS was delivered after the dead line.
18         On March 27th, while challenged peremptory and before US District Judge
19   J. Walter decision on April 4th, Judge F. Olguin issued a void order to strike all
20   courtesy copies filed by N. Kolev, including notice of destruction of mail.
21         On April 7th, 2006 Magistrate Judge F. Mumm replaced Magistrate Judge F.
22   Olguin. On April 21st, S Radomsky mailed a motion for extension of time until
23   May 17th, 2006, N. Kolev mailed a courtesy copy to court. On May 4th, much
24   ahead of dead line Judge F. Mumm filed recommendation for dismissal of petition.
25         Attempts of N. Kolev and S. Radomsky to schedule appointment for May
26   27/28 had strange twist. On may 23d was refused, on may 25th was offered 11.15
27   a.m. Sunday and late the same day was refused again-Officer Gregg, Ext. -5717.
28
           N.Kolev send to Zinchenko three times: March 23d, April 21, May 21 and

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 45 of 140
 1
     Motions for extension of time including REQUEST FOR subpoena Duce Tecum,

 2
     witness affidavits: See Attachment 1, ¶ 2-8. p. 33-36. In his recommendation for

 3
     dismissal from May 4th, 2006, Judge F. Mumm has ignored all of them. This is

 4
     abuse of discretion and Habeas Corpus due process.

 5          Relief: Is spelled in Penal Code § 1054.9. Access to discovery materials
 6   for post-conviction writ of habeas corpus or motion to vacate a judgment,
                   (a) Upon the prosecution of a post conviction writ of habeas corpus or a motion to
 7
         vacate a judgment in a case in which a sentence of death or of life in prison without the
 8       possibility of parole has been imposed, and on a showing that good faith efforts to obtain
         discovery materials from trial counsel were made and were unsuccessful, the court shall,
 9       except as provided in subdivision (c), order that the defendant be provided reasonable access
         to any of the materials described in subdivision (b)
10
                   (b) For purposes of this section, "discovery materials" means materials in the
11
         possession of the prosecution and law enforcement authorities to which the same defendant
         would have been entitled at time of trial.
12                 (c) In response to a writ or motion satisfying the conditions in subdivision (a), court
         may order that the defendant be provided access to physical evidence for the purpose of
13       examination
14
            This provision out to be enforced by court: Penal Code§1054.5.
15
     Exclusiveness of provisions; Procedure prior to obtaining order; Order
16
     prohibiting testimony of witness.
17
                  … the party shall make an informal request of opposing counsel for the desired materials and
18
         information. If within 15 days the opposing counsel fails to provide the materials and information
         requested, the party may seek a court order. Upon a showing that a party has not complied with
19       Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal
         discovery procedure provided in this subdivision, a court may make any order necessary to enforce
20       the provisions.

21
            (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No
22
            (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
23
            (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No
24

25
            GROUND TWO: Violation of Right to Impartial Tribunal raised
26
     under 28 USCA § 2254 alleging IN FACT the Trial was dominated by a
27
     mob
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 46 of 140
 1          Frank v. Mangum, 237 U.S. 309, 35 S. Ct. 582, 59 L. Ed. 969 (1915);
 2   Opinion of the Court: We of course agree that if a trial is in fact dominated by a
 3   mob, so that the jury is intimidated and the trial judge yields, and so that there is
 4   an actual interference with the course of justice, there is, in that court, a departure
 5   from due process of law in the proper sense of that term. And if the State,
 6   supplying no corrective process, carries into execution a judgment of death or
 7   imprisonment based upon a verdict thus produced by mob domination, the State
 8   deprives the accused of his life or liberty without due process of law in violation
 9   of the 14th Amendment of the US Constitution.
10

11          Downer v. Dunaway, 53 F.2d 586 (C.C.A. 5th Cir. 1931), on remand to, 1
12   F: Supp. 1001 '(M.D. Ga. 1932). Trial conducted under mob domination, without
13   making available to accused corrective process provided by state, is void. Facts
14   alleged in habeas corpus petition charging trial was dominated by mob authorized
15   habeas corpus writ from federal court (Pen. Code Ga. 1910, §§ 796, 964; Laws
16   Ga. 1929, p. 1544).
17         THE REMEDY FOR VOID TRIAL DOMINATED BY THE MOB,
18   WOULD BE A REMAND FOR EXHAUSTION OF STATE REMEDIES, A

19
     NEW TRIAL, EXCLUDING THE CHARGES MADE UP BY THE MOB, NOT

20
     SUPPORTED BY ANY EVIDENCE, OR AFTER PRELIMINARY HEARING,

21
     RELEASE FOR LACK OF EVIDENCE.

22
           (1) Supporting FACTS: 1/. Mark/ aka Mikhail Dovgoniuk/ and Lisa/aka

23
     Iluschihina/Tonkih/ Babaian came to USA with large amount of cash, which

24
     they could not make on any legitimate employment or business being living in and

25
     out of Germany between 1991 and 1996 and being on welfare in Germany until

26
     1995. Money laundering is a Federal crime under USCA Title 18 § 1956 and

27
     USCA Title 18 § 1957 carrying imprisonment up to 10 years, if the amount is over

28
     $10,000.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 47 of 140
 1           2/. Prove of money laundering. According to First Title Insurance Co. their
 2   house on 459 N. Croft Ave. was bought for $482,000 on 05/30/97 including 3
 3   unemployed adults/plus Ludmila Tonkih/Borisova/Gregyl/ and a child/Max/.
 4           3/. Mortgage payment. Their mortgage payment was $1,599 through
 5   Downey Savings./CRT p.906, ln.5/ According to prevailing Mortgage rate of 8.5%
 6   at the time of purchase/no experience, no English to negotiate any better/ and
 7   without including PMI insurance, annual tax, any other specific insurances, the
 8   biggest possible loan under this payment would be $210,000.
 9           4/. Large cash without legitimate source. The difference between 482,000
10   price plus 4-6% Broker commission, minus $210,000 equals $295,000-$300,000
11   CASH. There were no legal bank transfers. Mark Babaian bogus explanation was
12   Cash     was hand carried from Moscow on none existent Airfare Co. called
13   TRANSAIR ./CRT p.860, ln.16-18/. When he got qualified for the mortgage M
14   Babaian and his wife Lisa were unemployed, so any estimates for how much
15   money they earned to qualify for purchase of house, furniture and two BMW
16   expansive cars are irrelevant.
17           5/. No prove of legitimate job. He was not qualified to work with Realtor
18   Aaron Berlin. According to Real Estate law, every employee involved in showing,

19
     advertising and particularly negotiating Real property MUST BE A LICENSED

20
     REAL ESTATE SALES PERSON. So Mark Babaian is not qualified for this job

21
     including his disfunctional English, particularly at the time of relatively depressed

22
     Real Estate market in 1996/1997, while a lot of licensed sales persons were

23
     available. It is a lie. He had a just tourist status.

24
             6/. Mark Babaian "employment" with body shop. He was claiming with

25
     tips $20/hour ./CRT p.994, ln.19-21/. Body shop is a heavy manual work available

26
     for young immigrants at wage $7-8/hr in 1996. To receive what he claimed $20/hr

27
     he has to be certified technician in few areas with at least 10 year experience. He

28
     was illegally in the country, without Social Security Number. When he needed


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 48 of 140
 1   prove of income for the court, most probably he gave cash and the owner issued
 2   checks without performing any work.
 3         These mobsters really like to claim that type of job. Carlos Vignali was
 4   claiming also to be a mechanic for $30,000 per year in body shop Downtown L.A.
 5   while the Police knew he could loose $200,000 just on one bet in Las Vegas and
 6   would not even turn back to check up what happened.
 7          Also in USA body shop owners do not allow their employees to take large
 8   size tips because of fair distribution, of tax law and some other responsibilities.
 9   Bogus The statement to claim from tips up to $300.00 per week, who had zero
10   experience in that field was bogus.
11          7/. People renting in their house. Mark cousin Igor Krassiyy/Igor Bond
12   007/ paid $1,500/month for room and board. Why? When 1 bd room apartment.
13   was $730-$780 at that time, why he would pay double for loosing his privacy? In
14   summer of 1999 Igor Bond was shearing with his homosexual Korean partner
15   apartment at 1215 N. Sycamore Ave. # 207, L.A., CA 90038. The Korean Agent at
16   the same time was FBI auditor for money laundering operation in CID Lab.
17          A lot of people in the small community of W. Hollywood saw them holding
18   each others buttocks publicly. Now not to many people know, but internal

19
     regulations in intelligence community prohibit hiring of homosexuals and lesbians

20
     because they could be easily intimidated, or bribed on these grounds, or they are

21
     vulnerable because of need to hide publicly such a vice.

22
            Laura and Mary Samimi ./CRT p.745, ln.21-28/. were nieces of Lisa

23
     Babaian, because their father Rafik Samimi was brother of murdered extortionist

24
     Toufik Samimi, the second husband, or crime partner of Lisa Babaian. So it is no

25
     income from their side - the girls are relatives. M Babaian claimed $2,000 income

26
     per each girl ./CRT p.996, ln.7-10/. Of course there is no proof in the case of any

27
     money transferred from abroad for these two girls.

28
            Here you have to add up - Ludmila Gregyl /Lisa's sister/ doing nothing,


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 49 of 140
 1   Yaroslava Krassiy/M. Babaian's mother/ and Yaroslav Cherno-Knyzhny/M.
 2   Babaian's brother/ also doing nothing. All these bogus claims of employment, or
 3   rental could be defeated if Babaian's tax returns were subpoenaed Duce Tecum
 4   from IRS. If they paid tax on their rental income? No way! How that could be done
 5   if Sicilian DA Deputy A. Colannino is taking bribes to "make up" the whole case.
 6         8./ Clinical Immuno-Diagnostics/CID/ Lab Employment. All of them
 7   Igor, Mark and Lisa claimed to be working there. Igor claimed to be the operation
 8   Manager ./CRT p.1076, ln. 25-26/ having command of his time to work flexible
 9   hours ./CRT p.1077, ln. 23-25/. Mark is such a hard working employee, than he
10   does not know the address of the lab, claiming 4125 Wilshire Blvd., ./CRT p.829,
11   ln.1-3/. For September 8th, 1999 Lisa Babayan claimed first to have Doctor's
12   appointment, but when Dr. S. Porter did not confirm her bruises, after that Lisa
13   claimed to be working in the CID lab. for that day.
14          N. Kolev had a chance to talk to Mr. Luis Fondevila, who recently bought
15   the two story building at 4520 Wilshire Blvd., L.A. CA 90010 for $ 3,500,000 from
16   Mob Inc Attorney Angela Barseghian SB# 140852. Angela was suspended twice
17   for extensive period of time and did probation time in 1996 and 2000 basically for
18   fraud to her clients.

19
            One single person represents the Trust Company, which is owing the

20
     building and that single person-Angela Barseghian is a Nationwide huge legal

21
     corporation-Barseghian & Associates, who are available 24 hours, where 28

22
     languages were spoken. Amazing isn't it!! It is hard to imagine her fake pay roll,

23
     how much money could launder.

24
           Mr. Fondevila had a hard time to evict her, after he bought the building from

25
     her. She did not want to leave because Medical marihuana was largely available

26
     from this spot and her clients still coming for legal and spiritual help, long after the

27
     building was sold.

28
           The Russian lingo for corrupt Government Protection is "krysha"-"roof".


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 50 of 140
 1   Imagine what kind of stainless steel "roof" had to have this CID Lab in order to
 2   protect Medical marihuana business in the spinal cord of L.A. - Wilshire Blvd.
 3   Amazing! Isn't it!
 4          Most probably back in 1999 the corruption was going up to FBI Chief James
 5   V. deSarno, Jr. Allegedly, when he got the job in August 1999, he got also
 6   percentage of money laundering operations. It was very unusual to see deSarno
 7   predecessor - FBI Assistant Director Thomas J. Packard-L.A. Office, to go just few
 8   moths before the elections. No reason, but Bank of America money laundering
 9   scandal demanded more narrow specialty. Obviously James V. deSarno knew better
10   New York FBI Chief Lewis Shirilo and their coordination was important to close
11   down the problem.
12          Back in August 1999, when Bank of America probe was in full swing, and
13   some traces were leading to San Francisco Sinex Corp, held by Commercial Bank.
14   The FBI chief in L.A. Mr. James V. deSarno Jr. did much better job of cover up.
15   CID Lab. was recorded as a business twice on 25/03/1998/#98731921 and second
16   time on 08/26/2003/#032478975. The location is really convenient - from FBI
17   offices at Wilshire and 405 Fwy is just 10 minutes drive to CID Laboratory on 4520
18   Wilshire Blvd. In the contract are listed all CID Laboratory contract employees, but

19
     between them we don't see Mark, Lisa or even cousin Krassiyy-all three of them at

20
     the time of trial claiming employment with CID Lab., Krassiyy being the Manager.

21
            The CEO Godson Johnson/may be Igor Krassiyy/Igor Bond 007/ signature

22
     was so crooked, that you feel like the person used it for the first time in his life

23
     with that name. Godson Johnson recently graduated M.D. African American exists

24
     on the internet, but not back in 1998.

25
            Stanley Stein is legitimate scientist in that field, but the only problem is: - he

26
     is located on the East Coast-Princeton and most probably his wife Marina Stein

27
     doesn't have to do anything on the West cost either. We love the name Victicia

28
     Bunting. Having a good understanding of cultures and ethnicities, we are lost with


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 51 of 140
 1   this name. Definitely made up.
 2          The check up of property owners is showing nobody had a property within
 3   LA county, but Marina Stein- 5237 Newcastle Ave. #207, Encino, CA 91316. All
 4   of others are homeless or too poor to buy, including Prof. Stanley Stain, Victicia
 5   Bunting, Arkady Rosenberg, Ella Rosenberg. Godson Johnson does not exist, but
 6   Gadson J. Johnson has a property at 4102 Degnan Blvd., Los Angeles, CA 90008.
 7          The CID lab was financed in 1998 by Bank of Commerce in San Diego. We
 8   appreciate these small banks with huge money transfers, located somewhere in the
 9   suite on the third floor with the windows looking towards Mexican border/9918
10   Hibert St. 3d floor, San Diego 92131. Obviously the cash in the safe of this bank
11   needs no virtual time to cross the border.
12          Next recording in 2003 was done more wisely - no personal names-only
13   corporations like Darden Corporation, Atlas Gloves.
14          The CID Lab was successfully bankrupted before new bankruptcy law to
15   kick in November 2005. By coincidence the probe of Bank of New York ended up
16   in November 2005 too by having BONY top brass admitting guilt and paying 38
17   million penalties - the largest ever. Probably only CID Lab L.A. did launder more
18   money than this fine.

19
            This bank - BANK OF COMMERCE - is located inside of well known

20
     bank U.S. Bank, which is primary financier in International trade and Government

21
     projects, of course including CIA and military projects in Latin America.

22
            9/. U. S. Bank also tainted in currency exchange violations, covering

23
     exactly the same period of time 1994/1999. Allegedly the cash transfers from

24
     Bank of New York to Bank of Commerce-San Diego, which is inside of U.S.

25
     Bank were further invested in the Funds, small portion in CID Lab.

26
            Important connection - the lender of the loan for U.S. Bank building was

27
     Home Savings of America. The credit card fraud involving I. Krassiyy covered his

28
     accounts with Home Savings of America. Mark and Lisa Babaian also had accounts


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 52 of 140
 1   with Home Savings of America, the bank which vanished exactly before scandals
 2   with these two banks. On September 15th, 1998 F.H. Ahmanson owing Home
 3   savings of America with $56 billion in assets announced its merger with
 4   Washington Mutual to create the Seventh largest banking institution in USA.
 5   Exactly at this fall of 1998 Mobsters Inc-Mark, Lisa and Igor were traveling to New
 6   York, allegedly to clear the impact on that merger on their business.
 7          U.S. Bank is a National banking association with its principal place of
 8   business in Menneapolis, Minnesota. U.S. Bank operates in a number of states
 9   throughout the United States. During the relevant period-94/99, U.S. Bank was not
10   registered with the Commission as an investment adviser because, at that time,
11   banks were generally excluded from the definition of adviser under the Investment
12   Advisers Act of 1940 ("Advisers Act")! U.S. Bank served as adviser to First
13   American Investment Funds, Inc.'s ("FAIF') (1) International Fund, (2) International
14   Index Fund, and (3) Emerging Markets Fund and First American Insurance
15   Portfolio Inc.'s ("FAIP") International Portfolio (collectively referred to as the
16   "Funds") from April l994 to May 2001.
17          From April 1994 to September 2001, U.S. Bank engaged as a principal
18   in approximately $6.99 billion in prohibited affiliated foreign exchange
19   transactions with the Funds.
20          For seven years, U.S. Bank's Foreign Exchange Department acted as a
21   principal in all foreign exchange transactions necessary to settle the Funds' foreign
22   equity trades, unless they involved a currency for which U.S. Bank's Foreign Exchange
23   Department did not make a market. Over this time period, the total amount of
24   transactions conducted by U.S.Bank's Foreign Exchange Department with the Funds
25   totaled approximately $6.99 billion.
26          The outside law firm concluded that U.S. Bank, acting as a principal, had
27   knowingly purchased and sold foreign currency to and from the Funds in violation of
28   Section 17(a) of the Investment Company Act of 1940.

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 53 of 140
 1               It was further ordered that U.S. Bank, within 10 days of the entry of the Order
 2   of Security and exchange commission, pay a civil money penalty in the amount of
 3   $500,000 to the United States Treasury. This Administrative proceeding of
 4   Securities and Exchange Commission on File No. 3-12029 took place in
 5   September 2005. CID Laboratory vanished in October 2005 under bankruptcy
 6   procedures.
 7               10/. This CID Lab. at the "cutting edge of Science and Research" had no
 8   associations with other laboratories and research centers?!?
 9               In business liquidations the most logical buyer of electronic microscopes and
10   X-Ray, Chemical analysis equipment, some units - unique custom order- are other
11   similar laboratories, who are partnering with this lab. The equipment was just few
12   years old and was marketable.
13               All the never used equipment was donated - just like the building - to
14   Mobster Inc attorney A. Barseghian. Obviously liquidation property sale was not an
15   option, because of unwanted publicities, curiosity of the media and may be some
16   official check up.
17               Although nobody of the listed laboratory staff members was Armenian, the
18   valuable equipment and furniture was not sold in bankruptcy procedure, but was
19   donated to Armenia with a lot of pomposity in the media. How much money you
20   have to launder to donate a 3.5 million building in combo with the furniture and lab.
21   equipment in exchange for your cover up fraudulent attorney's services. Amazing!
22   Isn't it!
23           11./ The starting, low profile - one FBI agent probe of BoNY in New
24   York - demands Mobsters Inc. to go underground, to change identities, to get

25
     rid of people familiar with their previous identities. Mobster I. Krassiyy need

26
     to eliminate Zinchenko and his wife Lena first.

27
             Surprisingly seven experienced attorneys on the case: Leftwich, Lake,

28
     Cavaluzzi, Sperber, Flier, Wefald, Nicolaysen could not see the connection


             PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
      CV-69 (04/05)                                                              Page 54 of 140
 1   problem Igor Krassiyy/Ivan Bond 007/ and Zinchenko. Zinchenko did credit
 2   card fraud in Las Vegas with Igor and Lisa Babaian by keeping Igor's documents
 3   and putting his picture. Alex Zinchenko knew Igor is using the same bank all the
 4   time - Home Savings of America. Alex believed the hit of $50,000 was a success,
 5   while it was a simple money laundering operation described at./CRT p.1484, ln.4-
 6   28/ and ./CRT p.1485, ln.1-12/. Igor got no problem with his Money laundering
 7   bank.
 8           In August 1999 Igor and Babaians were concerned about Bank of New York
 9   probe and Zinchenko was huge liability, because he knew Igor and Babaians
10   accounts and checks and could be very damaging witness in money laundering
11   investigation. That's why the bogus warrant for search at Zinchenko's place and
12   family friend Serguey was initiated - Mob Attorney V. Bezman tape and check
13   copies sized first, also pictures from Sochi, Russia, showing Olga and Michael with
14   Zinchenko - that was the priority in the search, not what could be the carjacking
15   prove of parts, bank accounts, connections, search for weapons.
16            Also Zinchenko was living next door to Igor and he knew Igor - Korean FBI
17   connection. He knew about CID lab. He knew about the killing of Shakro Kakachia
18   and INS, IRS, DMV document fraud. He was a real danger to their fake identity.

19
     Mobsters did not need the black BMW, but that was the car used for illegal

20
     transport of their relatives by Zinchenko, for hiding documents. So the car was also

21
     liability.

22
             12/. The Plan NOT ONLY to eliminate Zinchenko, but to justify Federal

23
     protection and change of Identity.

24
             The plan was simple - Provoke Zinchenko and when he responds, slam him

25
     with FBI arrest. On September 8th after the "bloody carjacking", after the "assault

26
     with deadly weapon", after "premeditated first degree murder attempt", Igor

27
     brought in I. Martinovich and Joseph - FBI informers to Zinchenko's place without

28
     any fear of these "bloody criminals". He claimed the keys of black BMW to be with


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 55 of 140
 1   him, in order to provoke attack on himself. Although he was sliced with knife, on
 2   September 8th, 1999 incident, Igor did not press any charges. Why? He did not
 3   want to drag attention to his CID Lab. money laundering. Most probably the
 4   laundered money included cousin Mark's property of the dead "Godfather" Shakro
 5   Kakachia, for whom most probably M. Babaian worked as a hit man on contract
 6   base and was indebtness of $70,000 according to A. Zinchenko.
 7          M. Babaian did not know and did not report, who attacked him on
 8   September 17th, 1999, but Igor Krassiyy/Ivan Bond 007/ although not being there
 9   brought in FBI to the hospital on September 18th, he also told LA PD and LA
10   sheriff deputies :"Mark told me these were Zinchenko and his father, who stabbed
11   me". The FBI report starts with him. He is the one to give assignments to FBI SA J.
12   Amo and D. Spiser. Amazing! Isn't it! How much money you have to launder to
13   give orders to FBI agents. What is the price of Chief FBI in L.A. if he is making
14   between $125 K to $138 K per year at that time! Igor is the one who is on Mob Inc.
15   attorney tape No. 18 as initiating with Lisa the killing contract.
16          Here is the analytical moment where all Defense Attorneys failed: Why
17   Mark picked up the car exactly at this moment-beginning of September, while
18   payments and insurance were due at the end of September - provoking

19
     confrontation with close friend Zinchenko?Why FBI from the very beginning

20
     unconditionally trusted Igor, Mark and Lisa and closed eyes to their fake identities

21
     and criminal past?

22
            That is true Zinchenko and his wife Lena knew a lot about Babaians and

23
     their Immigration case, which was due in November 1999. But Babaians were

24
     concerned about killing of Shakro Kakachia, they would not wait 3 years since

25
     November 1996 to take it on Zinchenko and his wife. How about FBI - why they

26
     were involved exactly at that moment and time? Why FBI Chief in L.A. had to be

27
     replaced exactly at that time-the beginning of BoNY scandal? Why the case is given

28
     to merciless US Attorney A. Mayorkas? Why after the Dismissal of Federal case in


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 56 of 140
 1   September 2001, a new case using the same evidence and even the same carjacking
 2   charges is build up by LA DA Office in violation of Double Jeopardy Principle. The
 3   case is given to wacky Judge W. Pounders with cold war military past, full of hatred
 4   towards Russians. So many people at so many Federal and State levels could be
 5   manipulated only by the Russian Mafia in concert with powerful financial
 6   interests in New York, Secret Services protecting the use of dirty money for
 7   dirty operations.
 8          13/. About the Mafias involved. Russian Mafia is an umbrella covering a
 9   lot of smaller criminal syndicates organized by ethnicity or territory. To get that
10   conclusion took us a long, long time. M Babaian was a hit man allegedly for the
11   Georgian Mafia.
12          The Georgian mafia was looking for a safety heaven around Armenian
13   Diaspora abroad, because the Georgians never had as large and worldwide
14   immigration like as Armenians. Armenian Mafia in its turn needed Georgian Mafia
15   to cross civil war prone territories in Georgia like Abhasia with their contraband.
16   There was no other way because Azerbaijan was at war with them and these were
17   the only two countries between Black and Caspian sea to connect Armenia with
18   outside world. So it was barter exchange of transit passes for fake Armenian

19
     passports. Georgian Anzor Kikalishvili is a Russian Mafia authority in Florida,

20
     associated with Juan Almeida(Pablo Escobar, Manuel Nuriega), Leonid

21
     Fainberg"Tarzan". Georgian Dzhemal Kashidze was spoted in 1996 as fund raiser

22
     for Semyon Mogylevich friends in Texas in 1996.

23
            The Armenian mafia help is obvious - fake passports are Armenian, the

24
     choice of California with the strongest Armenian Diaspora outside Armenia. The

25
     Judgeship was granted to W. Pounders/Trial Judge/ and D. Horowitz/Preliminary

26
     hearing Judge/ by Armenian Governor - Dukmejian. Most probably Babaians found

27
     Armenian messenger to take the bribe to Judge W. Pounders. Mobsters Inc were

28
     trading women and people through Mexican border, which is controlled also by


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 57 of 140
 1   Armenian Mafia. There were significant number of Armenians /4/ in the tainted
 2   Jury selection, where part of the jurors from the previous day/ understand approved
 3   by Judge W. Pounders/ were rail roaded to this trial. The Mobster Inc. auditor and
 4   public relations liaison was Armenian Attorney A. Berseghian. The never used
 5   equipment of the lab was donated to republic of Armenia although here are plenty
 6   of places needing it. According to W. Hollywood community M Babaian is active
 7   in two Pawn shops 5112 and 4634 East Withier Blvd., East L.A. CA 90022. This is
 8   the area of strong Armenian influence around the city of Montebello, where is
 9   located Armenian Relief Society of Western USA-420 W. Washington Blvd.,
10   Montebello, CA 90640.
11          The Armenians in general have excellent relations with Russian and Russian
12   Jewish communities. Two Armenians Ashot and David Shagirian with Andrey
13   Kozlenok were involved with Golden ADA-Mafia and corrupt Moscow officials
14   diamond business having Vice President Al Gore on opening ceremony. Golden
15   ADA when in doubt how deep are their pockets, donated the secret Kamov KA-32
16   military transport helicopter to San Francisco PD. The source of the company's
17   extravagance was "the closet," more formally known as the National Treasury of
18   the Russian Federation. An enormous labyrinth of huge underground vaults in

19
     Moscow and others hidden somewhere deep in the Ural Mountains, they are filled

20
     to the brim with precious stones, coins, jewelry, silver, platinum and hundreds of

21
     tons of gold. Its precise content and total worth is labeled an official state secret.

22
     Several tons' worth of antique gold was melted down in Los Angeles and sold far

23
     below its intrinsic value, as scrap. Money was then wired to Russia, Belgium,

24
     Liechtenstein, Switzerland and Israel, where most of it has since disappeared.

25
            The Magharian brothers - two Armenians from Los Angeles were suspected

26
     in terrorism in flying to Zurich, Switzerland "The bomb squad put their suitcase in

27
     one of those blast containers, and exploded it, and $2.2 million went flying out of

28
     the thing.". In March 1989, the Magharians were indicted in Los Angeles for money


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 58 of 140
 1   laundering; two years later, Shakarchi's records were subpoenaed by Swiss and
 2   American police, who also confiscated Shakarchi's account at Republic Bank,
 3   through which more than $800 million had passed over a five-year period.
 4          V. Ivlev the father of A. Zinchenko is housed with Armenian inmate in
 5   Centinela State Prison , whose parents are neighbors with Sam/Mark Babaian/ on
 6   Laurel Canyon.
 7         The money from Europe to USA were safely transferred by Russian Jewish
 8   Mafia. All the people in Bank of New York tainted with $10 billion money
 9   laundering were Russian Jewish -Lucy Edwards was born Ludmilla Pritsker in
10   Leningrad, Peter Berlin and Aleksey Volkov as well Kiril Gusev and Godfather
11   Semen Moguylevich are Russian Jewish. They succeeded because most of the
12   Senior people in FBI and CIA were also Jewish and they would not chase their own
13   people, when most probably they would share the looted money.
14         In all these money schemes two prominent Jewish bankers located in
15   Switzerland - Edmund Safra- Lebanese Orthodox Jewish owner of National
16   Republic Bank-major currency trader and Bruce Rappaport - born in Palestine -
17   owner of BoNY Inter Maritime bank, were the key players.
18          The Italian Maffia. FBI Chief in Los Angeles - Mr. James V. deSarno, Jr.

19   is Italian from Southern Italy, as well lead SA J. Amo. The zealous and dedicated

20   DA Assistant A. Colannino is not simply Italian, he is Siciliano. At the same time

21   1999 in Neapol was arrested Grecia Roizes, Russian Jewish from hometown of

22   Michael Dovganyuk - Chernovtzy.

23          Grecia Roizes was CIA undercover in Miami, Florida in Russian nuclear

24   submarine deal for Columbian mafia. After the charges against him were dropped

25   by Federal Judge George Keenan in July 1998, he moved to Neapol, Italy, where he

26   opened furniture store and very soon resumed his gangsters activities. The few high

27   profile cases of Russian mafia in Rimini and Fano, and this one involving Grecia

28   Roizes in Neapol triggered some attention of Italian Law enforcement to America.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 59 of 140
 1             So, Mr. deSarno was doing also homework-laundry job to cover up
 2   Italian/Russian Mafia connections in USA.
 3             The Latino Mafia involvement. Every time when we see strong Latino
 4   component in Criminal case it is drug related. Here we have US Attorney A.
 5   Mayorkas involved on Federal level, Franco Barrata is the first DA Assistant to sign
 6   State complaint, first Habeas Corpus magistrate is Fernando Olguin. A Zinchenko is
 7   housed with Latino inmate. Most of Officers and custodians in Calipatria are
 8   Latino.
 9             14/. The obvious involvement of FBI to cover up and frame. FBI
10   compromised its Mob Protection operation by overdoing it. FBI are very heavy
11   organization with limited staff -less than 12,000 people nationwide in 56 offices,
12   They don't move their finger for petty crime. Here you have SA J. Amo and D.
13   Spiser working full time and over time on "NO-thing".
14             It is a "labor dispute" between Mobster Inc and their temp work force.
15   Zinchenko is risking his life to bring Mark's relatives, but Madam Prostitute L.
16   Babaian does not feel this is her family. They don't want to pay Zinchenko knowing
17   he could not go to small claims court and say "I brought illegally their relatives
18   across Mexican border and I deserve to be paid prevailing wages for that kind of
19   business".
20             At the same time A. Zinchenko knows if he does not pay black BMW, that
21   would ruin Lisa's credit. Considering that, they are wealthy mobsters, Zinchenko
22   hope they would pay. Lisa is trying to trick him to move the registration on his
23   name, but Zinchenko knows if he changes the registration he would be solely
24   responsible for the car and they are free of his claim. At this point and time is
25   coming Bank of New York scandal and the need to eliminate Zinchenko.
26             As Attorney Cavaluzzi mentioned, it is strange that FBI does not investigate

27
     at all. They are just framing needed person. All habitants of 459 N. Croft are INS

28
     trespassers a Federal crime of organized illegal immigration - much more serious


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 60 of 140
 1   than attempted car jacking, but that does not call any FBI attention neither before ,
 2   neither after 9/11. None of the mobsters has a legitimate job, it is not clear what is
 3   the source of income to buy these cars and the house. How about their Federal Tax
 4   return? No questions? God bless America with these FBI "professionals"
 5          How about prevention of the crime, prevention of a murder. If Zinchenko
 6   and friends are bloody criminals how about to talk to them, to take depositions and
 7   to warn them. The only reason not to do it is the concern to afraid them and to make
 8   the framing much more difficult, to fail the identity cover up. What is the
 9   investigative element worth 17 tapes - the organization, the financing, the
10   connections. No, nothing like that but: "Tell me why you came with knife, tell me
11   how you tried to kill me"-over and over again stupid illegal questions paid with tax
12   payer's money. For the record: All the 4 months worth of taping is illegal.
13          15/. Illegal and unapproved surveillance with no evidentiary value
14   regarding conspiracy in the past and no investigative matter as a goal, subject
15   to § 995, Penal Code motion.` Now let's get technical. This is just before
16   September 11th and before to get the gift of this administration - The Patriot Act
17   giving more authority to corrupt agents like J. Amo and her bvoss J. deSarno.
18          Let's look at US Code Title 18 § 2516
               The Attorney General, Deputy Attorney General, Associate Attorney General, or
19
        any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy
20      Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal
        Division specially designated by the Attorney General, may authorize an application to a
21      Federal judge of competent jurisdiction for, and such judge may grant in conformity
        with section 2518 of this chapter an order authorizing or approving the interception
22
        of wire or oral communications by the Federal Bureau of Investigation, or a Federal
23
        agency having responsibility for the investigation of the offense as to which the application
        is made, when such interception may provide or has provided evidence of crime.
24

25
            Also at even more restrictive US Code Title 50 § 1802 FISA
26
               (a)(1) Notwithstanding any other law, the President, through the Attorney General,
27
        may authorize electronic surveillance without a Court order under this subchapter to
        acquire foreign intelligence information for periods of up to one year if the Attorney
28      General Certifies in writing under oath that—


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 61 of 140
               (A) the electronic surveillance is solely directed at—
 1
               (i) the acquisition of the contents of communications transmitted by means of
 2     communications used exclusively between or among foreign powers, as defined in section
       1801 (a)(l), (2), or (3) of this title; or
 3
               (ii) the acquisition of technical intelligence, other than the spoken communications
 4     of individuals, from property or premises under the open and exclusive control of a foreign
       power, as defined in section 1801(a)(l), (2), or (3) of this title;
 5
               (B) there is no substantial likelihood that the surveillance will acquire the contents
 6     of any communication to which a United States person is a party; and
 7              (C) the proposed minimization procedures with respect to I such surveillance meet
       the definition of minimization procedures under section 1801(h) of this title; and if the
 8     Attorney General reports such minimization procedures and any changes thereto to the
       House Permanent Select Committee of Intelligence and the Senate Select Committee on
 9
       Intelligence at least thirty days prior to their effective date, unless the Attorney General
10     determines immediate action is required and notifies the committee immediately of such
       minimization procedures and the reason for their becoming effective immediately.
11
                (2) An electronic surveillance authorized by this subsection may be conducted only
12     in accordance with the Attorney General's certification and the minimization procedures
       adopted by him. The Attorney General shall assess compliance with such procedures and
13     submit report such assessments to the House Permanent Select Committee on Intelligence
       and the Senate Select Committee on Intelligence under the provisions of section 1808(a) of
14     this title.
15             (3) The Attorney General shall immediately transmit under seal to the court
       established under section 1803(a) of this title a copy of his certification. Such certification
16     shall be maintained under security measures established by the Chief Justice with the
       concurrence off Attorney General, in consultation with the Director of Central Intelligence,
17
       and shall remain sealed.
18

19
           Application to violations of Omnibus Crime Control and Safe Streets
     Act. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 - Title
20   18 USCA§§2510 et seq. provides that no part of the content of an intercepted wire
21   or oral communication and no evidence derived there from may be received in
     evidence in any trial or other proceeding before any court Title 18 USCA§2515.
22   which includes a state criminal proceeding People v. Warner, 401 Mich. 186, 258
23   N.W.2d 385 (1977).Moreover, any aggrieved person may move to suppress the
     contents of any such intercepted communication Title 18 USCA § 2518(10)(a),
24
     discussed in 12A Federal Procedure, L Ed, EVIDENCE §§ 33:637 et seq.
25
              In federal habeas corpus proceeding, court is not precluded from relitigating issues
26     under section 2510 et seq. of Title 18, even though based on U.S.C.A. Const. Amend. 4
       concerns, on grounds that issues were fully and fairly litigated in state courts. Llamas-
27
       Almaguer v. Wainwright, C.A.5 (Fla.) 1982, 666 F.2d 191.
28
              Claim that evidence taken in violation of federal wiretap suppression rule of section

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 62 of 140
       2515 of Title 18 should have been, but was not, suppressed in defendant's state court trial
 1
       could be raised in habeas corpus petition. Hussong v. Warden, Wisconsin State
 2     Reformatory, C.A.7 (Wis.) 1980, 623 F.2d 1185.

 3              Petitioner's claims in habeas corpus petition concerning violations of section 2510
       et seq. of Title 18 (federal wiretapping statute) and U.S.C.A. Const. Amend. 6 were not
 4     barred by decision that state prisoner could not be granted federal habeas corpus relief on
       ground that evidence obtained in unconstitutional search or seizure was introduced at trial
 5
       if state provided opportunity for full and fair litigation of such claim. Cruz v. Alexander,
 6     D.C.N.Y.1979, 477 F.Supp. 516, dis missed 622 F.2d 573.

 7
            None of this was met in the case. SA Jenny Amo knows of course it is

 8
     illegal. On the question of Attorney Cavaluzzi why she did not tape the

 9
     depositions?" We do not have such a right Mme". How you FBI SA J. Amo had the

10
     right to wiretap two American citizens-Zinchenko and Ivlev on your own, to please

11
     your lesbian partner the Russian prostitute O. Iluschihina? If as a result of these

12
     illegal wiretappings two US citizens are "framed" and jailed for life, we are

13
     looking for criminal conspiracy. We believe even the President of USA could not

14
     do wiretapping of US citizens on his own without breaking the law.

15
            All the procedures questioned here and produced by FBI SA J. Amo are

16
     actionable under Title 42 US Code § 1983. Civil action for deprivation of rights
               Every person who, under color of any statute, ordinance, regulation, custom, or
17
       usage, of any State or Territory or the District of Columbia, subjects, or causes to be
18
       subjected, any citizen of the United States or other person within the jurisdiction thereof to
       the deprivation of any rights, privileges, or immunities secured by the Constitution and
19     laws, shall be liable to the party injured in an action at law, suit in equity, or other
       proper proceeding for redress, except that in any action brought against a judicial officer
20     for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be
       granted unless a declaratory decree was violated or declaratory relief was unavailable. For
21
       the purposes of this section, any Act of Congress applicable exclusively to the District of
22     Columbia shall be considered to be a statute of the District of Columbia.

23
            (R.S. §1979; Pub. L. 96-170, §1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104-317,

24
     title HI.§309(c), Oct. 19, 1996, 110 Stat. 3853.)

25
            Obviously we have here the cause of action under Title 42 § 1985.

26
     Conspiracy to interfere with civil rights (3) Depriving persons of rights or

27
     privileges
             If two or more persons in any State or Territory conspire or go in disguise on the
28
       highway or on the premises of another, for the purpose of depriving, either directly or

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 63 of 140
        indirectly, any person or class of persons of the equal protection of the laws, or of equal
 1
        privileges and immunities under the laws; or for the purpose of preventing or hindering the
 2      constituted authorities of any State or Territory from giving or securing to all persons
        within such State or Territory the equal protection of the laws: or if two or more persons
 3      conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to
        vote, from giving his support or advocacy in a legal manner, toward or in favor of the
 4      election of any lawfully qualified person as an elector for President or Vice President, or as
        a Member of Congress of the United States; or to injure any citizen in person or property
 5
        on account of such support or advocacy; in any case of conspiracy set forth in this section,
 6      if one or more persons engaged therein do, or cause to be done, any act in furtherance of
        the object of such conspiracy, whereby another is injured in his person or property, or
 7      deprived of having and exercising any right or privilege of a citizen of the United States,
        the party so injured or deprived may have an action for the recovery of damages occa-
 8
        sioned by such injury or deprivation, against any one or more of the conspirators.
 9

10          All Mobsters Inc could not remember FBI interview on September 19th.
11   Mark: "They were that many interviews, I could not remember it". L. Gregyl"We all
12   had to leave with the children the house for two days". Lisa could not say if that
13   was in FBI office or at their home. Strange enough the two girls Laura and Mary
14   Samimi, once only mentioned by J. Amo are forgotten. Between all habitants on
15   459 N. Croft Ave. they are more fluent in English, because they are students. How
16   about the mother and brother of Mark. Strange enough they are not even mentioned
17   by J. Amo. So when nobody could remember the time and location of the interview,
18   that means it never ever happened - Jenny Amo lied up to please her boss.
19          The golden lesbian of the golden FBI corruption Jenny Amo made up the
20   file, much, much later. The older version of FBI file exists when it was only 45-50
21   pages and it is clear how she added up pages, or took some out just like the toppings
22   of the pizza are made. Her specialty is Title 18 U.S.C.A. §2510(7) to investigate
23   offenses listed in Title 18 U.S.C.A. §2516, which does not necessarily include
24   Title 18 U.S.C.A. §2119. She is an agent with less than one year of experience.
25          FBI SA J. Amo is memorizing interviews and typing them later. Another
26   words for making up things. Dr. Porter supposed to drop his clients because J.
27   Amo is jumping up front of him with her badge "Freeze!" and "Give me the
28   records" and 10 minutes waiting time is too much, it is impolite while she is

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 64 of 140
 1   making her story in January 6th for something happening back in September to
 2   wait 10 minutes. God bless America with that special force. We do not need the
 3   terrorists - people like J. Amo could do even more damage isn't it.
 4

 5           16./ How the whole story was traced to James V. de Sarno Jr.
 6           A/. A perfect match of Mr. deSarno career mile stones with case mile
 7   stones for the period of August 99/ September 2001.
 8           This is like to take pictures on few crime scenes and suddenly to notice the
 9   same person is there on every one of them, over and over again - by coincidence?
10           First-his specialty - psychology and money laundering, perfect match for the
11   scandal.
12           Second - the position is turned to him exactly when the probe in New York
13   starts-August 1999.
14           Third - the black car repossession in beginning of September is an auditing
15   of its contents, which decides the further tactics.
16           Forth - Zinchenko is arrested January 21st, 2000, only after first indictments
17   are made in New York in December99/January 00 and the change of Government in
18   Russia at Christmas time, the escape of Berezovsky in England in the beginning of

19
     2000. Between August and December 1999, nothing happened in New York,

20
     nothing happened in Los Angeles.

21
             Fifth - in New York, there is no investigation, no action after Lucy Edwards

22
     and Peter Berlin admit guilt in February 2000. In Zinchenko case there are no court

23
     hearings, no investigation, he is just kept away from Mobsters Inc.-Mark, Lisa and

24
     Igor.

25
             Sixth - in July 2001 J. V. deSarno announces his coming retirement. In

26
     August 2001, Shawn Cohen-West Hollywood Detective - is preparing warrant for

27
     arrest of Zinchenko and his father, regardless of the fact that, Zinchenko still in

28
     Federal custody and DA does not have jurisdiction over A. Zinchenko, V. Ivlev is


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 65 of 140
 1   free. According to S. Cohen's own words in phone conversation in March 2006, the
 2   warrant was requested by FBI, not DA office.
 3          Seventh - just before the coming of new chief of FBI in September 2001
 4   Zinchenko and Ivlev are arrested. This reflects the escalating confrontation of Putin
 5   Government with corrupt bank and oligarch businesses.
 6          J. V. deSarno could not leave without finishing this business. Most probably
 7   jailing Zinchenko and Ivlev and protecting Mobsters Inc-Lisa, Mark and Igor was a
 8   condition for his new employment-Guardsmark, LLC-New York, Jewish security
 9   firm involved in financial and banking security services, major employer of retired
10   FBI officers.
11          B/. The push up to make the bogus case a real one is coming only from
12   FBI chief.
13          First - the tapes are illegal and useless, but FBI chief is asking more and
14   more and the production goes on and on. There is no practical purpose.
15          Second - Who is interested of the State remake of the case? Once reported to
16   Juridical system - the case, where is no lethal issue, where is no public outcry like
17   abuse of children and women, no dead body, no disabled person, what is the interest
18   to keep going with this case - this is FBI Chief contemptuous disregard of Justice

19
     competency and unacceptence of their rulings. Who really would push for remake

20
     of dismissed case? Looks like the legal issues in this country are not decided by

21
     courts, but by FBI and their corrupt interest, isn't it?

22
            Third - the original 50-55 pages FBI report is doubled, with more and more

23
     attachments reaching over 400 pages, Who needs that ?;

24
            Forth - the Original DA complaint included no bail, or $20,000 bail for the

25
     four defendants. Only seven counts. FBI pushes for 100 times larger bails of $2.5

26
     and $1 million. FBI pushes for increase of the charges from 7 to 9. Why?

27
            C/. Like desperate gambler, or serial killer, the Chief of FBI is betting

28
     on the same success pattern. He is betting on women - as much, as possible


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 66 of 140
 1   under the circumstances and he is failing miserably every time over and over.
 2          In general Chief of FBI was right - the women are tougher and more
 3   emotionally involved in pursue of family values cases, when the father-a
 4   businessman and the child - 5-6 year old are attacked on the street. Also the wo-
 5   men are more supportive to each other, when they are part of the same process.
 6          The very, very strong women component is linking the whole case to one
 7   person in charge, the person who could reach all these women - FBI Chief J. V.
 8   deSarno Jr - Sarno is a town close by to Salerno - first major city South of Neapol.
 9          Logically enough in a bogus case like this one - Chief deSarno was right
10   only 50%. Women turned tougher not on the FBI "made up" criminals, but on FBI
11   case procedures.
12          J. V. deSarno choice for US District judge is a woman-Christina Snyders,
13   relatively new judge, anticipating to be strict. She is holding the case for 20 months,
14   but does not want to pursue it, because it is a bogus case and finally dismisses it on
15   preliminary hearings and motion of Attorney G. Nicolaysen challenging it for rip
16   ness and standing.
17          The agents on the case are women too - SA J. Amo and SA D. Spiser, but
18   they are mediocre and disengaged making a lot of lapsuses and mistakes. J. Amo as

19
     a lesbian is more attracted by Lisa Babaian than by the case.

20
            The second choice for a Judge is also a woman - L.A. Superior Court Judge

21
     Elizabeth Grimes - but she also sees the case row with weak evidence and after two

22
     months, not even doing the preliminary hearing, she is bailing out.

23
            The First choice for public defender is also a woman - but when she sees

24
     how much FBI is behind it, she bails out also, at the very first time with her

25
     participation, claiming to be too busy.

26
            All the Mobsters Inc. attorneys are women, most probably researched with

27
     the help of FBI - Victoria Bezman, SB#189902 on her words "Mafia Attorney",

28
     Marina Kab SB # 131598 and Melanie Elkert/Alpert/ - all of them doing extremely


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 67 of 140
 1   well. Melanie Elckert is on secret assignments and is not listed anywhere with State
 2   Bar.
 3             17/. Psychology of the Mob supporting criminal intent. Olga Iluschihina
 4   based on Russian police information was certified as a organized prostitute since
 5   her Sochi period in early 80s. According to fundamental works of two American
 6   psychiatrists Dr. Whitely and Dr. Kinsey dated back to the 50ies "Sexual life of
 7   American women" the tendency towards prostitution is well manifested between
 8   natural lesbians, because they do not feel satisfaction in the sexual act, which turns
 9   to be just a business.
10             So Iluschihina is natural lesbian. These things are genetic - neither her sister
11   Ludmila could claim successful marriage. She is Borisova, she is Gregyl, but no
12   kids, no family and most probably the business in Finland is traffic of prostitutes.
13             There is no real marriage for Olga Iluschihina either. Her business is
14   dangerous and she looks for strong men not for husbands, who could protect her,
15   most probably criminals. Toufik Samimi is extortionist on the open markets of
16   Sochi and Moscow, Shakro Kakachia, after falling in disgrace is a white collar
17   extortionist targeting 350 businesses in Berlin. M. Babaian, young, just after
18   military service, no education, no intelligence is a hit man for Shakro, where the

19
     only qualification is to pull the trigger.

20
               That explains why the violence is part of the life of O. Iluschihina, the type

21
     of men she associates with - Toufik is murdered in Moscow in beginning of 1996,

22
     Shakro is murdered in Berlin in August 1996, Mark is attacked on the streets of

23
     L.A. in September 1999.

24
               Most probably the men, who associate with prostitutes as pimps and

25
     business partners - they are not real men either - they are natural gays/homosexuals.

26
     That's the case of Mark, so they could hide each other sins pretending to be a

27
     family.

28
            Mikhail and Olga never been married. They failed at number of occasions to


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 68 of 140
 1   point out the same time of marriage, so never happened. According to Mark in J.
 2   Amo FBI Report 281H-LA-220294-p. 25 ¶ 2 from top they married in 1989.
 3   According to L. Gregyl it was very romantic marriage on Valentine's day in
 4   Germany, may be 90-91. According to Lisa it was in 1992. But Olga has two big
 5   investigations for organized prostitution in 1993 and 1994. Based on any of the fake
 6   dates of marriage Mark married her and turn his wife Olga to organized prostitution
 7   - simply an absurd.
 8            Definitely Mikhail is not the father. In his depositions he is referring to Max
 9   not as my son, but "the kid", which was caught on the cross examination by the
10   attorneys and the questioned him what he means by "the kid". Very important
11   psychological moment-he is attacked on the street by bloody criminals, looking to
12   wipe out his family, but there is no concern for "the kid". He does not call, does not
13   make arrangements for Max, "the kid". stays in the kinder garden to the end of the
14   very day of September 17th, 1999.
15            When Mark is describing the attack, he is doing a lot of unnecessary
16   explanations how he moved purposely to avoid kidney stabbing and was hit close to
17   the anus on his right buttock, instead of the kidneys. If you are attacked from the
18   back, you don't know where they would hit you, you don't see well the direction of

19
     trust, particularly when one person is holding you and ther other has two free hands

20
     to attack you.

21
              Obviously the person who attacked him was well aware of his

22
     homosexuality and purposely hit him in that direction to humiliate him and to make

23
     clear reference to his sin as a homosexual. FBI Report 281H-LA-220294-p. 31, ¶ 3

24
     from top Obviously this is not the place to hit and kill the person - so all the

25
     impotent efforts by DA Deputy Siciliano A. Colannino to prove an overt act and

26
     "malicious intent to kill" are bogus. No body kills in the anus from such a close

27
     range.

28
              This is not a minor fact. Most probably he had a medication, or plug in his


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 69 of 140
 1   anus and they were released as a result of the blow. May be aware of that plug the
 2   person was trying to hit him in the anus. He had a concern what was dropping from
 3   his body, so he asked Natasha Kordonskaya according to FBI Report 281H-LA-
 4   220294-p. 38 ¶ 3 from top first to wash off the car and after that to call 911.
 5         Obviously he did not want homosexuality and family - two self excluding
 6   factors - to go together and to trigger explanations. But at the same time this is a
 7   good reason to be attacked, homosexuals have their own feelings about love and
 8   jealousy. Could be an attack based on infidelity, or attack as a warning - nothing
 9   was stolen from him, the car was not taken, neither his expensive jewelry was a
10   subject of the attack. In his depositions Mark recognized he forced Zinchenko,
11   while in drugs to sleep with him at the same bad, also FBI Report 281H-LA-
12   220294-p. 98, ¶ 2 from top is mentioning Felix Guryevich, a drug addict also to
13   live with them. Aren't they too many men invited by married couple to sleep not
14   only in their house, but in their bad. But if you have a prostitute and homosexual
15   definitely that's O.K. These things are genetic. That's the explanation why cousin
16   Igor Krassiyy is homosexual too.
17          Now, here we understand the effort and zeal employed by FBI SA J. Amo-
18   she is not only concerned about the bribe money paid to her, but Lisa is her lesbian

19
     lover. Amo is attending, coaching, framing all the time, unfortunately she is not

20
     very smart woman and her report is a bonanza of non-sense, controversy, law

21
     violations and lies.

22
            She is ambushing unruly Dr. Porter, she is meeting Dr. Diko Mandavia and

23
     warning him not to tell when Mark was brought in ER. The Doctor had forced

24
     amnesia. Also he has some difficulties to stay if these are the real pictures of Mark's

25
     wounds, but they are labeled for him. One thing has to be understood here. Almost

26
     all of doctors in Cedar-Sinai are Jewish and legitimate Jewish businessman-for

27
     whom is presented the Ukrainian homosexual and hit man-M. Dovganyuk, attacked

28
     on the street while driving his son to kindergarten naturally would be seen with a lot


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 70 of 140
 1   of sympathy and desire to help.
 2           Jenny Amo is attending all the court hearings, and particularly Lisa's
 3   depositions. What a combo-Russian Mob prostitute and FBI lesbian doing together
 4   framing of US citizens. That's why FBI internal policy is against lesbians and gays,
 5   but that was the great Clinton time regarding law enforcement and military - don't
 6   ask, don't tell.
 7           18/. The Mob goal achieved. Witness protection—Federal, State
 8   witness protection program for money laundering gangsters
 9           The purpose of framing Zinchenko and friends was to qualify for change
10   of identity and protection.
11           The federal witness protection program is set forth in 18 U.S.C.A. §§
12   3521 to 3528. Under these provisions, the Attorney General may provide for the
13   relocation and other protection of a witness or a potential witness for the federal
14   government or for a state government in an official proceeding concerning an orga-
15   nized criminal activity or other serious offense likely to be committed
16           In addition to witnesses, the Attorney General may provide for the relocation
17   and other protection of the immediate family of, or a person otherwise closely
18   associated with, the witness or potential witness if the family or person may
19   also be endangered on account of the witness's participation in the judicial
20   proceeding. 18 U.S.C.A. § 3521(a)(l). Before protection may be provided for a
21   person, he or she and the Attorney General must enter into a memorandum of
22   understanding setting forth the responsibilities of the person 18 U.S.C.A. §
23   3521(d)(l).
24           Witnesses in state or local proceedings may be offered federal protection in
25   the witness protection program if the state agrees to reimburse the federal
26   government 18 U.S.C.A. § 3526(b)(l).
27           California has established its own witness protection program under the
28   Hertzberg-Leslie Witness Protection Act (Penal Code §§ 14020 to 14033). The

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 71 of 140
 1   attorney general administers the program, Penal Code § 14022 who coordinates
 2   efforts of state and local agencies. Penal Code § 14024 A witness protection
 3   agreement must be in writing. Penal Code § 14025 Information relating to
 4   participating witnesses is confidential and not subject to disclosure under the
 5   California Public Records Act Penal Code § 14029.
 6          According to Title 18 U.S.C.A § 3521 and sec. in USA, the Witness
 7   Protection Program (also known as WITSEC) established by the Witness
 8   Protection Act, which in turn sets out the manner in which the U.S. Attorney
 9   General may provide for the relocation and protection of a witness or potential
10   witness of the federal government, or for a state government in an official
11   proceeding concerning organized crime or other serious offences.
12         Witness protection is the process in which witnesses, such as those who
13   testify in criminal trials, are protected against intimidation before their testimony
14   or criminal retaliation after. The U.S. Federal Government both relocates and gives
15   new identities to witnesses who risk their lives by giving testimony as well as
16   providing financial and employment aid. To help avoid discovery, witnesses are
17   expected to sever all ties with former acquaintances. According to the agency,
18   "No program participant following security guidelines has ever been harmed while
19   under the active protection of the Marshals Service"; conversely, nearly all of the
20   witnesses who were harmed had either failed to fully comply, oftentimes
21   contacting old acquaintances or had already left the program.
22          That is exactly what Mobster Inc needs - to disappear while money
23   laundering operation is in progress. This time the fake passports are not Armenian

24
     but prepared by FBI and INS. When Mobster Inc testify about their real identities

25
     as Mikhail and Olga, they have new names and new identities. In 2003 Mark and

26
     Lisa are moving to prime area of Laurel Canyon Blvd. z.c 90046 a $10 million

27
     mension.

28
            19/. The failure of all nine yard regulations pertaining to organized


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 72 of 140
 1   crime. The failure of Organized Crime Control Act of 1970, Pub. L. No. 91-452,
 2   84 Stat. 922 (Oct. 15, 1970), which was a Congressional bill signed into law by
 3   U.S. President Richard M. Nixon. It prohibits the creation or management of a
 4   organization involving 5 or more people, if it has been in business more than 30
 5   days or accumulates $2000 in gross revenue in a single day. How about a
 6   prostitution ring. Corrupt FBI involvment is ONLY to its suppression, not
 7   application.
 8          The failure of the Racketeer Influenced and Corrupt Organizations Act
 9   (RICO) (18 U.S.C.A. § 1961 et seq.) is the centerpiece of the Organized Crime
10   Control Act. RICO is a group of statutes that define and set punishments for
11   organized crime like money laundering. Corrupt FBI involvment is ONLY to its
12   suppression, not application.
13          The ignorance of President Clinton PDD 42. The President, in his address to
14   the United Nations General Assembly on its 50th anniversary/1996/ called for
15   international cooperation to address the threat posed by money laundering,
16   narcotics trafficking and terrorism, noting that the forces of international crime
17   "jeopardize the global trend toward peace and freedom, undermine fragile
18   democracies, sap the strength from developing countries, (and) threaten our efforts

19
     to build a safer, more prosperous world." Declaring international crime a threat to

20
     the national security interest of the United States in Presidential Decision Directive

21
     (PDD) 42, the President ordered the Departments of Justice, State and Treasury,

22
     the Coast Guard, National Security Council, Intelligence Community, and other

23
     federal agencies to step up and integrate their efforts against international crime

24
     syndicates and money laundering. That's exactly what FBI - L.A. has done-isn't it.

25
            All the criminal activities of Mobsters Inc in Europe and California are

26
     sealed by wacky Judge W. Pounders, who is guarding them with his gun, as a

27
     source of more bribes. All lying in Court and perjuries are qualified by Siciliano

28
     DA Deputy A. Colannino as forced ways of escape from communism. Particularly


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 73 of 140
 1   funny is his standing on perjury about fake identities and origin/this after
 2   September 11th media storm about terrorist danger around us/ saying in one whole
 3   page, that it is nothing wrongto change your name./CRT p.222, ln.6-14, ln.18-28/,
 4   /CRT p.244, ln.22-28/, /CRT p.245, ln.1-3,/
 5         Mr. Siciliano, if your grand father was Don Vito Carleone and you have
 6   changed your name to Colannino, in attempt to cover up your ancestors criminal
 7   activities- it is imperative and we want to know, that when we deal with you. It is
 8   nothing wrong to change the name, but it is quite wrong to hide your past throu
 9   name change.
10         How about date of birth? Why both Mobsters-Lisa and Mark did change
11   DOB? They did not like their dates and age? No! The Hell no! They knew many
12   criminal records are traced by DOB. So DOB change was needed to hide the past.
13

14         20/. The bottom line question: Who is backing up Mr. deSarno? Who is
15   that powerful politician? Who is that Lobbyist? Who is the Jack Abramoff in
16   this case to shuffle the chiefs of FBI, Federal and State Judges in New York
17   and Los Angeles like bus boys in a busy restaurant?!? Who!?
18
           US District Court - Central District Los Angeles, could not and even should

19
     not attempt to score any legal point against organized criminals and mobsters: Mr.

20
     I. Krassiyy and Lisa and Mark Babayan.

21
           Why? Mr. I. Krassiyy most probably was employed by Semion Mogilevich

22
     thru YBM Magnex - New York, Newton Pennsylvania, or London based

23
     companies involving the ex-wife of Semion Mogilevich Galina and UK Attorney

24
     Adrian Churchward. The companies dealing with magnets and military aircraft.

25
           Mr. I. Krassiy is military aircraft electrical engineer. The money laundering
     business CID Laboratory - 4520 Wilshire Blvd.,L.A., was using as cover Bank of
26
     Commerce, located on the third floor of U.S. Bank 9118 Hibert St., San
27
     Diego.92131-1018
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 74 of 140
 1          The money laundering operation was supervised by FBI Office just down
 2   the street on Wilshire Blvd.-405 Fwy and also by second ex-wife of Semion
 3   Mogilevich Tatyana and her daughter Mila, living just few blocks on Wilshire
 4   Blvd., not counting the people hanging on Palm Terrace Restaurant in Santa
 5   Monica and S. Mogylevich mistress Galina Grygorieva living also in Los Angeles.
 6          Mr. I. Krassiy did not money launder only for Semion Mogilevich, but as a
 7   good boy for his father too, who in the mid 90ies was Manager for the largest
 8   Russian airfare company Aeroflot in Havana, Cuba. Not too many people know the
 9   flight Havana-Moscow had a stop over on Lesser Antilles- in particular isle of
10   Barbados, which is having just like in L.A. Palm Terrace Restaurant.
11          On that stop over the drugs from Columbia were loaded for Moscow-
12   Sheremetievo airport destination. Sheremetievo in the 90s was completely
13   controlled by Semion Mogilevich, who most probably was transporting the dirty

14
     money out of Sheremetievo to Barbados and from there to off shore banks. So there

15
     were no customs and no risk between Sheremetievo and Barbados.

16
            All money and drugs were flying in the both directions under the auspices of

17
     CIA, because they most probably used Aeroflot to send money and help to

18
     undercover agents in Cuba. Fidel Castro would not suspect Russian ally Aeroflot to

19
     be spying on him. At the end of the cold war, thousands and thousands of Russian

20
     Civil and Military specialists were left in Cuba. Their ONLY way out was
     Aeroflot Airfare Co. That was probably the hottest Manager position which
21
     Aeroflot could offer. The father of Mr. I. Krassiy probably was on pay roll of CIA
22
     providing critical information for Barbados operations and rotation of Russian
23
     military in and out of Cuba.
24
            That's way his boy in L.A. has been giving orders to FBI what to do and
25
     what not to do, whom to frame. If something happened to him, his daddy could
26
     score big against CIA on Cuba. So as we could see in this case Mr. I. Krassiy was
27
     untouchable. That's why the whole record is sealed not because of the boy who
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 75 of 140
 1   probably never had a steady job, but because of his influential daddy.
 2         Also the father of Mr. Krassiy as one of the most important Managers was
 3   connected to Russian Oligarch Boris Berezovsky. The Champion kleptomaniac in
 4   the inner circle of President Elzine. B. Berezovsky had the large interest in
 5   transportation owing Avtovaz - the largest Russian car maker and big share of
 6   Aeroflot. Later on with the help of Swiss bankers Bruce Rappoport and Edmund
 7   Safra he stole hundreds of millions from Aeroflot alone. Most probably the father
 8   was part of the looting of Aeroflot too.
 9         Among the accusations against Berezovsky, both Russian and Swiss
10   prosecutors charged him with diverting as much as $973 million from Aeroflot
11   through Forus Services and Andava, two Swiss firms, and FOK, an Irish firm, all
12   controlled by Berezovsky. These three firms were set up shortly after Berezovsky
13   took over control of Aeroflot in 1995. His deputies at Aeroflot, Alexander Kras-

14
     nenker/ relative to I. Krasiy? May be his father?/ and Nikolai Gluskov

15
     (subsequently arrested by the Swiss), then ordered that all the foreign currency

16
     earned by Aeroflot from ticket sales be sent to Andava and Forus. FOK was then

17
     hired to collect Aeroflot's foreign debts from Andava. For this FOK was paid $38

18
     million. As Yulia Latynina, a columnist for The Moscow Times, pointed out,

19
     Aeroflot was borrowing its own money and paying a finder's fee for the privilege.

20
           The fact, that FBI agent "the Korean" was living in one apartment with him,
     shows I. Krasy was confident of Secret Services, may be working for private
21
     security firm like Guardsmark, LLC, which established a partnership with CIA, FBI
22
     by hiring most of their retired staff. Igor could not be FBI/CIA member because he
23
     had credit card fraud with A. Zinchenko. Also because of money laundering type of
24
     work, it was more politically correct to work for company like Guardsmark, LLC.
25
            Lisa and Mark Babayan.
26
            Lisa/Olga Tonkih/ has in Russia criminal record at least 6 inch thick
27
     involving prostitution, supermarkets grand theft, extortion of money.
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 76 of 140
 1          Mark Babayan aka Michail Dovgonyuk was born in Chernovtzy-Southern
 2   Ukraine. This small town, deep in Ukrainian countryside produced two of the most
 3   ferocious and violent criminal authorities Leonid/Ludwig/ Fainberg aka "the
 4   Tarzan" and Grecia Roizes aka "The Cannibal." It is like to be born in the same
 5   small town with Michael Jordan and to know nothing about basketball. So our
 6   young Misha did not disappoint-He was the Hit man in Germany. He was living in
 7   the same building and he was a suspect in the killing of Shakro Kakachia Georgian
 8   Mafia Godfather in partnership with David Sanikidze.
 9          David Sanikidze had $170 million dollars joint venture with the Big Don of
10   Russian Mob Mr. Vyacheslav Kirillovich Ivankov, David Sanikidze supposed to
11   take over Ivankov position in Brighton Beach - New York, after the conviction of
12   V. Ivankov aka "Yaponchik" in the summer of 1996. Just 3 weeks later in order to
13   prevent his take over in New York, David Sanikidze was murdered in July 1996 on

14
     the autoban near Viena. Shakro Kakachia was murdered a month later in Berlin-

15
     Wilmersdorf and here our Misha was a prime suspect.

16
            Who helped Misha and Olga out of Germany. There are two versions - the

17
     Italian connection through Yury Essin, Vladimir Vessarenko and Simon

18
     Bakhchinyan, or straight thru London using fake documents produced by US State

19
     Department by request of Lucy Edwards, or her husband Peter Berlin- a major

20
     players in Bank of New York scandal. That's why their fake Jewish-Armenian
     documents passports and US visas are sealed, because they are done by State
21
     Department.
22
            That Italian connection explains why we have so many Italian Americans on
23
     this side of the equation. FBI Chief Mr James V. de Sarno is from Southern Italy as
24
     well Italian by origin is his Special Agent Jennifer Amo, from Southern Italy-Sicily
25
     is DA Assistant A. Colannino. Even the Judge for preliminary hearings David
26
     Horowitz, regardless of his Jewish name is vacationing each year in Italy at that
27
     time. Mr. James V. de Sarno is awarded for his "well done job" in L.A. by a high
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 77 of 140
 1   paid executive position with Guardsmark LLC-New York. CEO Ira A. Lipman, A
 2   Jewish Company involved in banking, financial and international security.
 3             The Bank of New York CEO Mr. Thomas Renyi was awarded with high
 4   paid job with CitiCorp here in California. Significant part of the looted from Russia
 5   money settled in California waiting to fuel unprecedented Real State boom. Mr.
 6   Renyi has been just following the money trail to California, while Mr. James
 7   V. deSarno, Chief FBI was going in the opposite direction to his bosses in New
 8   York to be awarded as Manager for Guardsmark, LLC.
 9             The Bank of NY money laundering was protected by FBI because
10   involved Jewish political and financial interests in USA, UK, Russia, Swiss and
11   Israel.
12             How California plays and where it fits in this picture?!
13             California was Russian mobsters new found way around regulators. Instead

14
     of trying to bring Russian banks to the United States, they were buying stakes in

15
     privately held banks across the nation and in particular California.

16
               Officials in California in 1999/2000, for instance, were investigating the

17
     Russian mob's penetration of the state's privately held banks. As long as their

18
     investment remains under 10 percent, the mobsters do not have to file financial

19
     disclosure statements to the state or federal government. In some cases, several

20
     Russians acting in concert have allegedly bought sizable shares of California
     banks./The Piratization of Russia - 2003, Marshall Goldman/
21

22
               It now appears that, the FBI took little action on the case for six months after
23
     it was first notified by British intelligence, prompting UK officials, military attaché
24
     in Washington to appeal directly to the White House to take action. British
25
     intelligence, through the country's National Crime Intelligence Service, first
26
     informed the FBI of suspicious activity involving accounts at the Bank of New
27
     York in September of 1998.
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 78 of 140
 1          For months a single agent was assigned to the case. But the FBI says this is
 2   standard procedure and does not suggest the investigation was given low priority:
 3   "While we do not discuss details of a pending investigation, as a matter of general
 4   policy typically there is just one case agent regardless of the manpower allotment
 5   overall to the case," said James Margolan, FBI spokesman.
 6         However, it is understood that around that time the investigation was moved
 7   up to a higher level at the FBI.
 8          Between September 1998 and August 19th, 1999 - when word of the
 9   investigation was leaked to the press - $ 6 billion moved through the nine accounts
10   under investigation, according to people familiar with accounts. Investigators froze
11   the accounts in August, seizing just $20 million of the $10 billion that moved
12   through them over several years.
13          By March 1999 British intelligence had become so frustrated at the
14   perceived inaction by US investigators that they circumvented the traditional
15   command structure and went directly to the White House's National Security
16   Council and State Department.
17          Then FBI did their own trick. They turned on next day, the whole story to
18   New York Times. The USA media publications on August 19th, 1999 were

19
     devastating for London probe. Most of UK suspects, which National Criminal Unit

20
     monitored for a long time turned fugitive.

21
            Who is manipulating the Superior and US District Court Judges, the

22
     chiefs of FBI in New York and Los Angeles like bus boys in the busy

23
     restaurant? Arkin, Kaplan & Cohen LLP originally, Arkin Group LLC,

24
     Guardsmark, LLC, after

25
            Two international Jewish bankers Bruce Rappaport and Edmund Zafra
     located in Switzerland, played important role in public level of this money
26
     laundering scandal.
27
           Bruce Rappaport was ambassador of Antigua and Barbuda to Moscow
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 79 of 140
 1   /offshore banking/, teaming partner of Bank of New York in its Moscow opening.
 2   Bruce Rappaport was closely related to few CIA directors and played major role in
 3   Iran-Contras scandal of Reagan administration.
            The relationship between BoNY and Inter-Maritime is long and overlapping.
 4      Rappaport bought 8 percent of the Bank of New York in 1990. Shortly thereafter,
        BoNY bought 28 percent of the Bank Inter-Maritime, which was renamed BONYInter-
 5      Maritime. Bruce Rappaport held the single largest share of BONY, and BoNY held the
        second-largest share of BoNY Inter-Maritime, with Rappaport holding the largest.
 6      The relationship between the two was close, according to Renyi. He acknowledged
        that BoNY used the same Moscow office space as the Moscow-based Inter-Maritime
 7      Bank. In other words, after Inter-Maritime Bank established a presence in Moscow, it
        then introduced the BoNY to Russian clients.
 8
            Bank of New York-Inter-Maritime had a questionable reputation. In 1998, the
        U.S. Department of Justice tried to seize the proceeds of a money-laundering
 9
        account at the BoNY-Inter-Maritime in Antigua. The bank refused to cooperate on the
        grounds that it had already surrendered the millions of dollars to the Antiguan
10
        government. It is noteworthy that Mr. Rappaport was Antigua's ambassador to
        Russia. Jonathan Winer went even further in his testimony: "Inter-Maritime bank
11
        linked to Swiss American Bank, an Antiguan Bank handled a variety of criminal
        accounts including for Russian organized crime."
12

13          State Department officials explain that money laundering works something
14   like this: Russian assets, such as oil, are stolen by underworld figures or corrupt
15   plant managers and sold on the spot market in Rotterdam. The proceeds are wired
16   through front companies on the Continent and deposited in London banks.
17   Gangsters place an order for, say, $40 million in U.S. currency through a bank in
18   Moscow. The bank wires National Republic - Safra's bank in Switzerland, placing
19   a purchase order for the cash. Republic buys the currency from the New York
20   Federal Reserve. Simultaneously, Republic receives a wire transfer for the same
21   account from the London bank. Republic pockets a commission and flies the cash
22   from New York to Moscow. It is then used by mobsters to buy narcotics or villas,
23   or run political campaigns. For few years after 1992, each Delta flight 30 was
24   carrying tons of cash, at least $100 million from New York Federal reserve to
25   Moscow, some flights even $1 billion.
26          To understand BoNY scandal is enough to look at Russian Inkombank
27   money laundering scandal slightly predicating BoNY's and involving also Georgian
28   Mafia and Semyon Mogylevich:

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 80 of 140
            April 30, 1999 R New York. A New York law firm, Christy & Viener, is being sued
 1      in US District Court (Southern District) by Western shareholders and creditors of a
        Russian bank, Inkombank. Plaintiff-shareholders allege that the firm's senior, 75
 2      year old Arthur Christy, helped Inkombank's management to defraud the Western
        investors and launder their funds through an elaborate network of offshore
 3      companies. The motive? The best of them all - Inkombank's boss, V. Vinogradov,
        grumbled that last year alone Inkom paid Christy over $1.5 million.
 4
            Did Vinogradov get his money's worth? Yes, Christy, a former US Attorney, has
        been able to delay the proceedings for almost three years permitting Vinogradov and
 5
        other Inkombank chiefs to remove over $56 million from the investors' reach and
        conceal their whereabouts. Also believed to have aided and abetted in laundering of
 6
        shareholders' funds are several partners and associates of the firm, including Wayne
        Matus and Peter Gallagher, according to Inkombank shareholders.
 7
            Inkombank. Western agencies in Tbilisi (Georgian capital) offered the Georgian
        Ministry of Security to exchange information regarding participants of the financing
 8
        and transportation of illicit substances. The Georgians were offered to be provided
 9      with the materials regarding Semyon Mogilevich, who controls the channels of drug
        trafficking through the territory of Georgia to Western Europe.
10
           Shareholders contend that Arthur Christy's firm was retained not for its
11      legal expertise but because of Christy's political clout. Christy's regalia
        include a number of illustrious political posts such as US Attorney for the
12      Southern District of New York and President of the New York City
        Association of the Bar.
13

14
           Organized crime proliferation and domination of legitimate business and

15
     public institutions is hardly new. The Italian Cosa Nostra has built and managed

16
     the glitziest hotels and casinos in Las Vegas and controlled the largest New York

17
     labor unions. Colombian drug cartels offered to pay the Colombian national debt in

18
     exchange for passing constitutional amendments prohibiting extradition of

19
     Colombian "narcotraficantes."

20
           However what sets the Russian mafia as a breed apart is a unique

21
     sophistication and understanding of the system and ability to manipulate it via

22
     the use of US power brokers such as "political" law firms, major accounting

23
     firms, commercial and investment banks, political lobbyists, and prominent

24
     public relations image makers. Of course none of these liaisons represent the

25
     "Russian mafia" - they represent "Russian banks." A January 1996 cover story of

26
     New York Magazine, titled "The Money Plane", provides a broad perspective of

27
     the threat to Western economies by the organized crime takeover of Russian banks.

28
     The report notes that "the more savvy Russian hoods have hired sophisticated


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 81 of 140
 1   money managers and international lawyers to move their dirty money."
 2         It is incredible says Kuznetsov/Russian Official - N.K./, that Americans
 3   commission would throw these multi-million dollar studies on the Russian mafia
 4   and at the same time permit their lawyers to lobby its cause in exchange for
 5   exorbitant fees. As much as I do not want to quote Lenin, smiles Kuznetsov,
 6   perhaps he was right, when he said that Capitalists are willing to sell you the very
 7   rope with which you'll hang them.
 8         Most probably the Arkin Group was founded as a new type of Defense team
 9   particularly and exclusively for Bank of New York type of scandals. The Arkin
10   Group - 590 Madison Avenue 35th Floor - New York, New York 10022 - 212-
11   333-0280
12         Founded in May 2000 by New York lawyer Stanley Arkin and Jack Devine,
13   former chief of worldwide operations for the Central Intelligence Agency, The
14   Arkin Group’s mission is to help clients around the globe maximize their
15   performance and achieve their strategic objectives. The Arkin Group treats the
16   collection and analysis of information as the first in a series of steps, such as
17   facilitating a company’s entry into an overseas market, reviewing the bona-fides of
18   potential business partners, or assessing and remedying a company’s vulnerability
19   to terrorism.
20
           Arkin Group ADVISORY BOARD
21
                 Leslie H. Gelb is the President Emeritus at the Council on Foreign Relations
22
         and a Pulitzer Prize winner for his work at The New York Times, where he wrote as a
23       columnist and diplomatic correspondent, 1981-1993. He served for many years as
         President of the Council on Foreign Relations and in senior positions at the U.S.
24       Departments of State and Defense. He is considered an expert on U.S. foreign policy
         and national security, and most recently, traveled on a State Department-sponsored trip
25
         to Iraq where he met with the new Iraqi leadership.
26
                 Ambassador Robert Gelbard is an independent international consultant who
         served as U.S. Ambassador to Indonesia, 1999-2001, and Bolivia, 1988-1991. He has
27       held a number of high ranking positions within the U.S. Department of State, including
         Special Representative of the President and Secretary of State for the Balkans, 1997-
28       1999, and Assistant Secretary of State for International Narcotics and Law Enforcement


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 82 of 140
         Affairs, 1993-1997. Ambassador Gelbard began his international career in the Peace
 1
         Corps before joining the Foreign Service.
 2               Lieutenant General Kenneth Minihan, USAF (Ret.) is a Principal at the
         Paladin Capital Group and the former Director of the National Security Agency and
 3       Central Security Service from 1996 to 1999. Lt. General Minihan had a long and
         distinguished career in the Air Force, serving in Vietnam, 1969-1970, and rising
 4       through the ranks at the U.S. Department of Defense to senior Air Force intelligence
         officer, 1994-1995, and Director of the Defense Intelligence Agency, 1995-1996.
 5

 6

 7
            The Arkin Group ("TAG") is an international risk consulting and

 8
     intelligence firm. The firm has worked on more than 250 assignments in over 33
     countries and has extensive experience providing high quality, sophisticated,
 9
     responsive and discreet risk consulting and intelligence services to clients
10
     throughout the world.
11
            TAG’s clients include Fortune 1000 companies, leading financial
12
     institutions, major law firms and high net-worth individuals.
13
            Specifically, The Arkin Group offers:
14
                 Access to an international network of intelligence and law
15
     enforcement experts, diplomats and policy makers, leading academics, journalists,
16
     and specialized experts in forensic sciences and terrorism.
17
                 Sophisticated research and strategic analysis based on discreet behind-
18
     the-scenes collection, as well as proprietary and open source databases.
19
            Expertise in traditional investigative services such as due diligence, asset
20
     tracing and fraud investigations.
21
            Stanley S. Arkin, a founding member and the senior partner of the firm,
22
     was born and raised in Los Angeles, California. He received his A.B. (magna
23
     cum laude) from the University of Southern California in 1959 and his J.D. (cum
24
     laude) from Harvard Law School in 1962. Mr. Arkin is a member of Secret
25
     Societies Phi Beta Kappa, Phi Kappa Phi, and Blue Key-N.K. Mr. Arkin is a
26
     member of the Council on Foreign Relations and numerous professional
27
     organizations. He has specialized in the defense of business crime cases and is one
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 83 of 140
 1   of the country’s leading trial and appellate advocates.
 2          Mr. Arkin, a Fellow of the American College of Trial Lawyers and a former
 3   adjunct professor at New York University Law School, has authored numerous
 4   articles, and he writes a regular column in the New York Law Journal on the topic
 5   of business crime. He is the lead author of Business Crime, a six-volume definitive
 6   text (Matthew Bender, 1981), and of The Prevention and Prosecution of Computer
 7   and High Technology Crime (Matthew Bender, 1988).
 8          Mr. Arkin has been lead counsel in some of the most significant business
 9   and securities crime of the last thirty years. The firm and Mr. Arkin maintain an
10   active practice in defense of alleged financial crimes, and regulatory procedures and
11   investigations.
12          Mr. Arkin is Chairman of The Arkin Group, a private intelligence agency
13   with domestic and international capacity for the access and collection of
14   information and to effect operational ends of.
15          Attorneys Arkin and Kaplan represented Natasha Gurfinkel-Kagalovsky,
16   Bank of New York CEO, in trials in New York, London and Moscow. Also they
17   represented the widow of banker Edmund Safra, after his suspicious fire related
18   death in principality of Monaco. E. Safra's Republic National Bank was a key

19
     mediator supplying cash from Federal Reserve in New York to Moscow per request

20
     of corrupt Russian officials and gangsters. He had key information to fraud schemes

21
     on the both sides of the Atlantic.

22
            Against these protectors of B of NY and their former Directors everybody

23
     failed-impotent US Congressional legislation regarding money laundering, nobody

24
     went to jail, although Lucy Edwards and Peter Berlin pleaded guilty. B of NY CEO

25
     Thomas Renyi in 1999 was “punished” for the money laundering scandal by

26
     receiving a bonus of only $5.73 million (in addition to his $850,000 salary,

27
     $167,819 in other compensations and 500,000 options.)

28
            However, this “shortfall” was made up to him in the year 2000 in the form


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 84 of 140
 1   of a $12.1 million bonus. Before FBI reacted all the money disappeared and here
 2   we are coming to the big question. When the story broke in the U.S. media, House
 3   Banking Committee Chairman Jim Leach hit the nail on the head when he said: The
 4   principal issue is not whether Bank of New York has broken our laws, but whether
 5   they facilitated in the impoverishing of the Russian people." (WSJ, 8/26).
 6          Few words about another suspected player - Guardsmark, LLC - founder and
 7   CEO Ira A. Lipman. Guardsmark has been monitoring the latest security threats for
 8   decades-they have huge data base. Its corporate leadership includes former law
 9   enforcement officers, FBI executives like James V. deSarno Jr., military specialists,
10   and Secret Service agents. Its work force is better trained, more experienced and
11   much larger 19,000 strong - between 1.7-2 times larger than FBI. By bringing
12   together keen security expertise with talent and experience.
13          Guardsmark has created a vibrant laboratory for industry leadership and
14   innovation. The result? Cutting-edge security intelligence across the most important
15   topics, preparing their clients for all possible scenarios, anywhere in the world.
16   They are able to provide background information for any fresh businessman or
17   immigrant in USA and in reverse they would provide detailed info about your
18   competition overseas, bad and good areas of any city in the world. They are not

19
     bounded by Government red tape.

20
            Headquarters Locations Rockefeller Center Headquarters, 10 Rockefeller

21
     Plaza - New York. NY 10020-1903; (212)765-8226 Wilshire Offices, 9595

22
     Wilshire Boulevard, Suite 300 Beverly Hills, CA 90212 (310) 278-5799.

23
            Here is another curious detail - FBI Office, Guardsmark Office, money

24
     laundering CID. lab., former wife, daughter, mistress of S. Mogilevich, his

25
     associates related to Vladimir Berkovich, Mobsters Inc. - all of them living on or

26
     around Wilshire Blvd., almost a walking distance. If somebody calls a meeting,

27
     they could gather together in 10 minutes.

28
            Now when so powerful people in USA and Russia were involved in


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 85 of 140
 1   COVER UP of this case, that they could have lunch with the President and
 2   dinner with most powerful Bankers in the World, we all understand who is
 3   manipulating the Superior and US District Court Judges, on both sides of
 4   USA, the chief of FBI in New York and Los Angeles like bus boys in a busy
 5   restaurant.
 6          We understand why L.A. Superior Court judges Elizabeth Grimes, David
 7   Milton, David Horvitz, Chester Horn, William Pounders, Curtis Rappe, David
 8   Wesley have been shopped by FBI, like wealthy people shop for a barber in West
 9   L.A.
10          With all due respect to US Magistrate Judge Eick, when he orders us the
11   Amateurs, the Laymen to step aside and let them, the Professionals with the BB
12   guns to handle this raging elephant in US, open market N. Kolev is kind of smiling
13   with irony.
14          At this part of the case, N. Kolev bets his annual salary as Civil Engineer on
15   that, the Court could, should, must, out TO achieve NO MORE NO LESS, BUT
16   NOTHING.

17

18
            (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

            (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
19

            (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No
20

21
            These claims were raised to Court of Apeal and California Supreme Court

22
     partially as Fourteenth Amendment violations of Due Process, Fifth Amendment

23
     Self Incrimination privilege, Sixth Amendment Defendant right to testify, Eighth

24
     Amendment unreasonable bail and partially as Miranda rights violations in

25
     issuance of defective on its face warrant by Judge Curtis Rappe and by Fourteenth

26
     Amendment violations of Jury Selection by compulsive-reactive schizophrenic
     Judge W. Pounders.
27
            In NON existing case picked up after dismissal from US District Court as
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 86 of 140
 1   double jeopardy, where DA Deputy Siciliano A. Colannino and Judge W. Pounders
 2   split large bribe, where FBI has a percentage of money laundering operations,
 3   where W. Pounders is proud of his connections to Appellate Justices Roger W.
 4   Boren and he himself sat few times on Court of Appeal assignments, and W.
 5   Pounders is claiming California Supreme Court Chief Justice Ronald George to be
 6   his close friend THE WHOLE APPELLATE PROCESS IS NO MORE, NOT LESS
 7   BUT PAPER RECYCLING PROCESS WITH NO REMEDIES ON THE STATE
 8   LEVEL.
 9          Relief sought: After investigation of the facts and bringing in original file
10   from Riverside Archive: 23123 Cajalco Rd., Perris, CA 92570-7298 Phone: 951-
11   956-2020, preliminary hearing and release according to Habeas Corpus powers of
12   the Court.
13          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

14          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

15          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

16          GROUND THREE: Violation of Right to Constitutional
17   Guarantee raised under 28 USCA § 2254 alleging double
18   jeopardy charge for the same offence - Fifth Amendment

19
     Claim.

20
            The Fifth Amendment to the United States Constitution declares that no

21
     person shall "be subject for the same offense to be twice put in jeopardy of life or

22
     limb." The Fifth Amendment is applicable to the states through the Fourteenth

23
     Amendment Arizona v. Manypenny, 451 U.S. 232, 238, fn. 12, 101 S.Ct. 1657, 68

24
     L.Ed.2d 58 (1981).The California Constitution, Article I, § 15, similarly provides

25
     that "persons may not twice be put in jeopardy for the same offense."

26
            The guarantee against double jeopardy is fundamental to the American

27
     scheme of justice Benton v. Maryland, 395 U.S. 784, 795, 89 S.Ct. 2056, 23

28
     L.Ed.2d 707 (1969).It has an ancient pedigree, going back to Greek and Roman


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 87 of 140
 1   times. Double jeopardy theory was well established in the common law of England
 2   before this nation's independence, and was carried into American jurisprudence as
 3   part of the common law.
 4          The underlying idea of the double jeopardy clause is that the state, with all
 5   its resources and power, should not be allowed to make repeated attempts to convict
 6   an individual for an alleged offense, thus subjecting the individual to
 7   embarrassment, expense, and ordeal, as well as enhancing the possibility that even
 8   though innocent he or she may be found guilty. Nor should the state be allowed to
 9   compel that individual to live in a continuing state of anxiety and insecurity See
10   Green v. United States, 355 U.S. 184, 187, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957).
11          The protections flowing from the double jeopardy guarantee include
12   prohibitions against:
13          • A second prosecution for the same offense after acquittal.
14          • A second prosecution for the same offense after conviction.
15          • To some extent, reprosecution after a prior trial has been terminated
16   without either a conviction or an acquittal See United States v. DiFrancesco, 449
17   U.S. 117, 130, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980).
18          • Multiple punishments for the same offense.

19
            • Successive prosecutions for the same criminal act under two different

20
     statutes, unless each statute contains an elements not contained in the other. United

21
     States v. Dixon, 509 U.S. 688, 696, 704, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993).

22
            A state may provide more extensive safeguards against double jeopardy than

23
     are available under the Fifth Amendment Curry v. Superior Court, 2 Cal.3d 707,

24
     717, 87 Cal.Rptr. 361, 470 P.2d 345 (1970).Accordingly, there are several

25
     California statutes that supply additional protection against repeat prosecutions.

26
            Under Penal Code § 687, no person can be subject to .a second prosecution

27
     for a public offense for which he or she has once been prosecuted and convicted or

28
     acquitted. Penal Code § 656 provides a double jeopardy defense to a person tried in


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 88 of 140
 1   California for acts or omissions for which the person was convicted or acquitted
 2   under the laws of another state, government or country.
 3

 4          (1) Supporting FACTS
 5          Reprosecution following acquittal or dismissal—Dismissal by judge. If a
 6   trial is dismissed by the judge on the ground that there is some reason, such as
 7   denial of a speedy trial/THE CASE WAS AROUND FOR ALMOST 2 YEARS/,
 8   that reprosecution of the defendant is permanently barred, prosecution appeal
 9   of the ruling is constitutionally permissible, providing the defendant /D.
10   Barashkov through his attorney G. Nicolaysen/ sought termination of the
11   trial. United States v. Scott, 437 U.S. 82, 100, 98 S.Ct. 2187, 57 L.Ed.2d 65
12   (1978). However, a dismissal for legal insufficiency bars
13   retrial-that's exactly what Attorney G. Nicolaysen cited as
14   reason        for     acquittal.        Please        check        his      extensive
15   pleadingsattachedhereandinwebsite:                             http://afda.org/afda/news
16   /motion_carjacking.pdf
17          Most probably double jeopardy is the reason why US District Court files No.
18   00-163M/Criminal Complaint/ and CR 00-89-CAS in US District Court - Los

19
     Angeles disappeared and the names of Defendants V. Ivlev and Alex Zinchenko

20
     were removed from the computer file system. Later on detailed investigation

21
     showed up that they were archived for no reason, no time limit.

22
            Defendant A. Zinchenko was charged with Counts 1 on /09/08/1999 -

23
     ATTEMPT TO CAUSE DEATH AND, OR SERIOUS BODILY HARM IN

24
     ATTEMPED CARJACKING OF Black BMW 740i 1995 License plate 4EGA149

25
     and Count 2 on /09/17/1999 - ATTEMPT TO CAUSE DEATH AND, OR

26
     SERIOUS BODILY HARM IN ATTEMPTED CARJACKING OF Silver BMW

27
     528i 1998 License plate 4BNF385 and

28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 89 of 140
 1          Defendant V. Ivlev was charged with Count 2 on /09/17/1999 - ATTEMPT
 2   TO CAUSE DEATH AND, OR SERIOUS BODILY HARM IN ATTEMPTED
 3   CARJACKING OF Silver BMW 528i 1998 License plate 4BNF385.
 4

 5          After the disgrace of the Prosecutor US Attorney A. Mayorkas as a result
 6   of drug dealer Carlos Vignaly scandal in January 2000 and his replacement by
 7   Debra Wang in March 2001 and after Motion to dismiss by Attorney Gregory
 8   Nicolaysen SB#98544 filed on September 7th, 2000 and consecutive consideration
 9   by the court, US District Judge Christina A. Snyder allegedly dismissed the CASE
10   for lack of indictable offense/consider like Demurrer in State court system/ in
11   beginning of September 2001. There is nothing left in the court file.
12          As it was stated in previous citation State Court could prosecute twice
13   only on different charges, but not on carjacking, attempted murder, serious bodily
14   harm. Mister DA Deputy Siciliano A. Colannino allegedly took a good size bribe
15   and split it with compulsive-reactive schizophrenic Judge W. Pounders, removed
16   file from US District Court with the help of FBI and PROCESSED THE SAME
17   DEFENDANTS FOR THE SAME OFFENSES TWICE RESULTING IN 25
18   YEAR TO LIFE CONVICTION OF A. ZINCHENKO AND V. IVLEV. based

19
     on no evidence beyond reasonable doubt. Shame on you.

20
            That was miscarriage of justice of unimaginable proportions. Alex

21
     Zinchenko had a young family and a small 3 year old child left without father.

22
     After treats by Mobster Inc were made to his wife Lena, in letter presented by

23
     Defense Attorney Leftwich and disregarded by Judge W. Pounders, she had to

24
     run for her life and her small child, forget for the American paradise and the

25
     row model democracy. So she returned back to the remnants of the Evil

26
     Empire in Southern Ukraine and Lena is living ever happily there.

27
            The remedy available at the time to the defendant to prevent a retrial when

28
     he or she has once been placed in jeopardy was a petition for writ of prohibition


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 90 of 140
 1   13Larios v. Superior Court, 24 Cal.3d 324, 329, 155 Cal.Rptr. 374, 594 P.2d 491
 2   (1979);
 3          You have to know about the conditions of dismissal. Even Attorney T.
 4   Flier, who represented Zinchenko in Federal case did not know about it. Every
 5   thing needed and not needed was sealed off by compulsive-reactive
 6   schizophrenic Judge W. Pounders and put under his desk as a permanent
 7   source of bribes.
 8          Relief sought: After investigation of the facts and bringing in original file
 9   No. 00-Cr-89 from Riverside Archive: 23123 Cajalco Rd., Perris, CA 92570-7298
10   Phone: 951-956-2020, preliminary hearing and release according Habeas Corpus
11   powers of the Court.
12          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

13          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

14          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

15

16          GROUND FOUR: Violation of Right to fair and due process
17   including the right to be committed by magistrate judge who must
18   be an impartial judge. The Fourth Amendment claim against unreasonable

19
     searches and seizures.

20
            Fourth Amendment issues cannot be raised on federal habeas unless the

21
     petitioner was deprived of the opportunity for a full and fair hearing on the issue in

22
     state court. Stone v Powell (1976) 428 US 465, 494, 49 L Ed 2d 1067, 1088,

23
     96 S Ct 3037.

24
            This is the case here. The validity of Warrant for Arrest of Petitioner A.

25
     Zinchenko has never been challenged regardless of its Constitutional deficiencies.

26
            Statutory Standard requiring appraisers and arbitrators to disclose facts if a

27
     person aware of the facts might reasonably entertain a doubt about impartiality is

28
     objective; it requires disclosure of facts which may cause a reasonable person to


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 91 of 140
 1   entertain a doubt that the arbitrator would be able to be impartial.
 2          Michael v. Aetna Life & Gas Ins. Co. (App. 2 Dist. 2001) 106 Cal. Rptr.2d
 3   240, 88 Cal.App.4th 925. Briggs v. Superior Court (App. 2 Dist. 2001) 104 Cal.
 4   Rptr. 2d 445, 87 Cal. App. 4th 312.
 5          (1) Supporting FACTS
 6          This case BA #221557 was abusive from the very beginning because was
 7   due not to Normal Judicial process, but to active interference of FBI, having
 8   money laundering - protection interest in conviction of A. Zinchenko.
 9          This case was abusive from its initiation with Felony Complaint for arrest
10   warrant. Judge Curtis Rappe and W. Hollywood Sheriff's Detective S. Cohen
11   complied with the request of FBI not with the law. In 2001 just after September
12   11th, after Rampart scandal probe of LA PD, while some serious felonies waited
13   for four years - to prosecute second time car dispute with minor injuries was abuse
14   of discretion, waste of money.
15          On August 31st, when the warrant was signed A. Zinchenko was in Federal
16   custody and was not available for arrest. There was a jurisdictional problem.
17          According to conversation with WHSD S. Cohen, he prepared Criminal
18   complaint without having personal knowledge of the case by FBI demand on his

19
     own words. There are no witness affidavits, no evidence.

20
            A/. Nothing in the Complaint shows the qualifications of S. Cohen to

21
     write such a complaint, after the dismissal of the case. If Public Interest demands

22
     it, DA Office could prepare it, within 15 days of dismissal of the case, not a

23
     detective with unknown qualification and Zippo knowledge of the subject.

24
            B/. Out of number of Law Enforcement officers, involved IN PERSON

25
     in original investigation LASD - Deputy T Caire I.D.266761; LASD - Deputy

26
     Alvarez I.D.280644; LASD - Deputy Robinson I.D.287337; LASD - Sergeant

27
     Rita Hall I.D.196037; LASD - Sergeant R. Walker I.D.004195; LASD - Detective

28
     Alex Gilinets; LASD - Detective Richard Lucas; LAPD - Officer Baez I.D.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 92 of 140
 1   34572; LAPD - Officer Castillo I.D. 30932; Detective Gary Kaplan I.D. 5973;
 2   nobody, but nobody was qualified to write this complaint. That's why, FBI
 3   wanted somebody who knows nothing about it, like Shawn Cohen.
 4          C/. The report of FBI Special Agent J. Amo is a hearsay evidence for the
 5   following reasons:
 6          - J. Amo as stated in her affidavit had only 6 -7 months of experience, when
 7   she made the arrest in January 2000, so she was lacking experience and training
 8   by State standards. She is a specialist in wire fraud and money laundering/ a great
 9   help to Mobstgers Inc./, but not in violent crime. According to Evidence Code she
10   lacks it. §1231.3. Law Enforcement Officer Testimony as to Statement.
                  Any law enforcement officer testifying as to any hearsay statement pursuant to this
11
         article shall either have five years of law enforcement experience or have completed a
12       training course certified by the Commission on Peace Officer Standards and Training
         which includes training in the investigation and reporting of cases and testifying at
13       preliminary hearings and trials. Leg.H. 1997 ch. 499

14          In the report Russian prostitute L. Babaian is telling J. Amo what A.
15   Zinchenko had said and J. Amo is recording it, according by her own depositions, -
16   4 months later by memory. The bondage between the two women is a lesbian
17   love. God bless America with that kind of investigative triple hearsay methods 4
18   months later;
19          -C/. According to the State law the evidence of these wiretaps, prepared
20   by people with questionable reputation like informer I. Martynovich and prostitute

21
     L. Babaian is illegal:
                 Penal Code. § 631. Unauthorized wiretaps; Punishment, (a) Any person who,
22       by means of any machine, instrument, or contrivance, or in any other manner,
         intentionally taps, or makes any unauthorized connection, whether physically, electrically,
23
         acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable,
24
         or instrument, including the wire, line, cable, or instrument of any internal telephonic
         communication system, or who willfully and without the consent of all parties to the
25       communication, or in any unauthorized manner, reads, or attempts to read, or to learn the
         contents or meaning of any message, report, or communication while the same is in
26       transit or passing over any wire, line, or cable, or is being sent from, or received at any
         place within this state; or who uses, or attempts to use, in any manner, or for any purpose,
27
         or to communicate in any way, any information so obtained, or who aids, agrees with,
28       employs, or conspires with any person or persons to unlawfully do, or permit, or cause to
         be done any of the acts or things mentioned above in this section, is punishable by a fine

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 93 of 140
          not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the
 1
          county jail not exceeding one year, or by imprisonment in the state prison, or by both a
 2        fine and imprisonment in the county jail.

 3

 4
            -D/. Pitchess motion S. Cohen is declaring it this TRIPLE hearsay evidence

 5
     as true and correct. Why? This is exactly after Rampart scandal. More than 30
     officers exactly in that part of LAPD are under suspicion for corruption, planting
 6
     evidence, entrapping people and their probe is by FBI. That means if FBI asks them
 7
     to arrest their own mother they would DO IT.
 8
            A motion to discover the personnel file of a law enforcement officer, or to
 9
     discover any other police agency record concerning the officer, is known as a
10
     Pitchess motion. Pitchess v. Superior Court, 11 Cal.3d 531, 113 Cal.Rptr. 897, 522
11
     P.2d 305 (1974). Information such as the officer's alleged prior use of excessive
12
     force, racial bias, planting evidence, or falsifying records. Abatti v. Superior Court,
13
     112 Cal.App.4th 39, 4 Cal.Rptr.3d 767 (4th Dist.2003) (Pitchess motion
14
     properly sought for counseling memos in officer's personnel file discussing
15
     prior acts of dishonesty); People v. Hustead, 74 Cal.App.4th 410, 87
16
     Cal.Rptr.2d 875 (5th Dist.1999) (Pitchess motion is not limited to excessive
17
     force allegations; motion may also be used to review officer's history of
18
     falsifying police reports).It may also be uses to obtain discovery to challenge the
19
     legality of a search. The motion has been codified in Evidence Code § 1043,
20
     permitting discovery or disclosure of peace officer personnel records, or records
21
     maintained pursuant to Penal Code § 832.5 (citizens' complaints against peace
22
     officers).
23
            -E. Staleness. It is important to make clear in the affidavit that the
24
     information set forth is current and thus can reasonably be expected to reflect the
25
     circumstances existing with respect to the place to be searched and items to be
26
     seized as of the time the affidavit is signed.
27
            Neither first Warrant of J. Amo , neither Second one of S. Cohen qualifies
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 94 of 140
 1   for that. They looked for nothing, they found nothing. To a large extent, whether or
 2   not information is considered "stale" depends upon the crime being investigated
 3   and the items sought. The items not listed or suggested should not be removed, and
 4   if taken, should be returned promptly.
 5          When staleness might appear to be an issue, the affiant should specifically
 6   state that despite the passage of time he still believes the items sought will be found
 7   at the places indicated, and he should give his reasons for this opinion, i.e., past
 8   experience with this sort of crime, large number of items taken. J Amo was
 9   interested only in V. Bezman tape and pictures showing connection Zinchenko-
10   Babaian.
11          -F. Arrest without prove of committed crime. Beyond tempered hearsay
12   "evidence" of illegal tapes, there s nothing to prove Zinchenko and Ivlev have been
13   on September 17th, on the crime scene.
14          Arrest warrant for a person suspected of a felony begins with the
15   filing of a written complaint under oath See Penal Code §§ 806, 813(a). The
16   complaint must be subscribed by the complainant, or verified on
17   information on belief, and filed with a magistrate of the county. Penal Code §
18   806 If, and only if, the magistrate is satisfied that the offense charged in the
19   complaint has been committed, and that there is reasonable ground to
20   believe that the defendant has committed it, the magistrate must issue a
21   warrant for the defendant's arrest. Penal Code § 813(a); People v. Sesslin, 68
22   Cal.2d 418, 426, 67 Cal.Rptr. 409, 439 P.2d 321 (1968); see Stats. 1995, ch. 563, §
23   4(a)(4) (legislative intent to codify Sesslin.
24          Obviously Judge C. Rappe was satisfied by phone from FBI, not by the
25   warrant. He grew up and studied at the same epicenter of the money laundering

26
     scandal - Santa Monica. Surprise, surprise he was appointed to the bench, just like

27
     Judge W. Pounders by Armenian Governor G. Dukmejian. Even fake "Armenian"

28
     victim like M. Babaian was seen with a lot of sympathy.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 95 of 140
 1          -G/. The warrant is missing identifying information for the judge. The
 2   title of his office or the name of the court or other agency must appear on the
 3   warrant. Pen C §§814-815, 1427. You have to guess who signed it, because only
 4   the stamp of judge D. Milton is on the last page. That is particularly important
 5   because S. Cohen and Judge C. Rappe never showed again in the file.
 6          Just like in the assassination of President Kennedy we have Lee Oswald
 7   shooting at him, J. Rabbi shooting at L. Oswald and J. Rabbi killed in detention.
 8          Warrant and beginning of Double Jeopardy trial starts with judge C.
 9   Rappe, preliminary hearing - judge D. Horwitz, trial - judge W. Pounders. They
10   don't know for each other's short comings.
11          -H. Penal Code 871. Discharge of defendant; Dismissal of complaint;
12   Endorsement.
13          Judge C. Rappe failed to comply with above cited provision on Penal Code
14   because there were no facts, no names of witnesses. If, after hearing the proofs, it
15   appears either that no public offense has been committed or that there is not sufficient
16   cause to believe the defendant guilty of a public offense, the magistrate shall order
17   the complaint dismissed and the defendant to be discharged, by an endorsement on
18   the depositions and statement, signed by the magistrate, to the following effect:

19
     "There being no sufficient cause to believe the within named A. B. guilty of the

20
     offense within mentioned, I order that the complaint be dismissed and that he or she

21
     shall be discharged."

22
            This claim is valid if only never litigated in State Court.
            (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No
23
            (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
24
            (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No
25

26

27
            GROUND FIVE: Violation of Right to be committed by

28
     reasonable bail. The Eighth Amendment claim after bail increased 100 times


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 96 of 140
 1   from Federal to State custody.
 2

 3          A right to bail generally is recognized in the Eighth Amendment to the
 4   Constitution, applicable to the states through the Fourteenth Amendment See
 5   Scbilb v. Kuebel, 404 U.S; 357, 365, 92 S.Ct. 479, 30 L.Ed.2d 502 (1971). although
 6   the Eighth Amendment does not speak directly of the right to bail. Rather, it prohibits
 7   excessive bail, excessive fines, and cruel and unusual punishment. See United
 8   States v. Salerno, 481 U.S. 739, 754-755,107 S.Ct. 2095,
 9          The California Constitution, on the other hand, expressly requires that a
10   person shall be released on bail by sufficient sureties, with the following exceptions
11   In setting, reducing, or denying bail, the judge or magistrate must take into
12   consideration the following factors:
13          Excessive bail as impairment of Defendants to prepare for the trial.
14          Constitutional claim arises only where state engages in discriminatory or
15   arbitrary administration of bail system. Wilborn v. Peyton, D.C.Va.1968, 287
16   F.Supp. 787.
17          An accused detained by state may taste by habeas corpus the propriety of his
18   detention without bail and the setting of excessive bail. Wansley v. Wilkerson,
19   D.C.Va.1967, 263 F.Supp. 54.
20          Habeas corpus relief is available with respect to issue of excessive bail prior
21   to trial and while defendant is incarcerated awaiting trial.        Plumley v. Coiner,
22   D.C.W.Va.1973, 361 F.Supp. 1117.
23          The bail set at $2,500,000 for A. Zinchenko and $1,000,000 for V. Ivlev was
24   abusive and was impediment to defendant preparation for trial. Attorney T. Flier
25   argued reduction of the bail for A. Zinchenko to $25,000 for the following reasons:
26   He has made every court appearance, about 10 at least. He was there ready for
27   trial. He was out with pretrial service supervision. He made all of his appearances
28   at that point.(Prelim. Hear Tr. p. 93 Ln. 17-28/

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 97 of 140
 1          The amount must be reasonable and sufficient for the appearance of
 2   the defendant following arrest, in accordance with Penal Code § 1275 The
 3   Eighth Amendment, applicable to the states through the Fourteenth Amendment,
 4   provides that "excessive bail shall not be required."
 5          The California Constitution contains a similar provision. Other than the
 6   vague constitutional ceiling of "excessive bail," the amount of bail is within the
 7   discretion of the magistrate Penal Code §§ 1268, 1275, 1289. If the defendant has
 8   appeared before a magistrate on the charge contained in the complaint, indictment,
 9   or information, the bail is the amount fixed by the magistrate at that time Penal
10   Code § 1269b(b).
11          A magistrate issuing an arrest warrant must fix the amount of bail in the
12   warrant. The amount must be reasonable and sufficient for the appearance of the
13   defendant following arrest, in accordance with Penal Code § 1275 (considerations in
14   setting bail). If the defendant has appeared before a magistrate on the
15   charge contained in the complaint, indictment, or information, the bail is
16   the amount fixed by the magistrate at that time. Penal Code § 1269b(b). "Penal
17   Code § 1275. According to this provision of the code, judge C. Rappe decision to
18   increase the bail 100 times was frivolous and there were no explanations.
19          The logical question is why judge C. Rappe had increased the bail 100
20   times? He is that much concerned of the safety of the victims-gangsters? No.
21          Abuse of discretion by judge C. Rappe. When the bail amount set on
22   the warrant varies from bail schedule, the increase must be supported by factual
23   findings Reliance on conclusionary language, such as "a danger to public
24   safety" or "continue to be a threat," is insufficient. In re Christie (2001) 92
25   CA4th 1105, 112 CR2d §§5.16-5.38 on bail. Superior court judges are
26   responsible for adopting a countywide schedule of bail for all bailable felony
27   offenses and for all misdemeanors and infractions other than Vehicle Code
28   infractions. Pen C §1269b(c).

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 98 of 140
 1          Bail is set initially by the magistrate at the defendant's first court
 2   appearance. Cal Const art I, §12; Pen C §1271. The Federal Magistrate
 3   Judge set it at $25,000. Judge C. Rappe disregarded it, for no reason.
 4   magistrate is authorized to set bail in any amount he or she deems sufficient
 5   to ensure the defendant's appearance (see Pen C §§1268).
 6          It is important to present new evidence at a bail hearing. Another
 7   judge can change the original bail amount only for good cause. Pen C
 8   §1289. See In re Alberto (2002) 102 CA4th 421, 125 CR2d 526 ("good
 9   cause" requires change of circumstances; second judge had no authority to
10   increase amount previously set because he disagreed with amount set by
11   first judge)."Excessive bail may not be required." Cal Const art I, §12(c).
12          If the defendant is still in custody five calendar days after the original
13   order fixing bail was made, an automatic review at a bail hearing is required.
14

15          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

16          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

17          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

18          GROUND SIX: The Fourth Amendment claim after felony
19   complaint prepared without affidavits and evidence-probable cause
20

21          The Fourth Amendment ensures "the right of the people to be secure . . .
22   against unreasonable searches and seizures," and further requires that "no
23   Warrants shall issue but upon probable cause." Although these
24   constitutional strictures are more frequently applied to the problems raised by
25   various types of searches, they apply equally to the arrest.
26          In California, probable cause to arrest exists when the arresting officer is
27   aware of facts that would lead a person of ordinary care to suspect that the
28   person arrested has committed a crime People v. Price, 1 Cal.4th 324, 420, 3

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 99 of 140
 1   Cal.Rptr.2d 106, 821 P.2d 610 (1991). There were no facts in this case.
 2          However, probable cause based on mere suspicion does not suffice today;
 3   the standard falls somewhere between suspicion and reasonable doubt
 4   necessary to convict. The United States Supreme Court has suggested that
 5   probable cause is Less than evidence which would justify condemnation.
 6          An arrest warrant may be issued pursuant to a declaration of probable cause,
 7   before the institution of any formal criminal proceedings. Penal Code § 1427(b)
 8   When a declaration of probable cause is made by a California peace officer, as
 9   described below, the magistrate, if, and only if, satisfied from the declaration that
10   exists probable cause exists that the offense described in the declaration has been
11   committed and that the described defendant committed the offense, will issue a
12   warrant of probable cause for the arrest of the defendant. Penal Code § 817(a)(l).
13

14          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

15          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

16          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

17

18          GROUND SEVEN.                    Statutory right to a speedy trial Sixth
19   amendment right.
20

21          A. Zinchenko was arrested on Federal charges on January 21st, 2000,
22   and rearrested on State charges September 2d, 2001. The case went to jury
23   trial in April 2003 for alleged felony back in September 8 and 17 1999.
24          The Sixth Amendment to the Constitution provides that "in                                criminal
25   prosecutions, the accused shall enjoy the right to a speedy and public trial." The
26   federal speedy trial right applies to state prosecutions through the Fourteenth
27   Amendment due process clause. In California, the right is provided by the
28   California Constitution, Article I, § 15.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 100 of 140
 1           The federal speedy trial right is triggered when the defendant is accused—
 2   when a formal indictment or information is filed, or the defendant is arrested. In
 3   California, the right under the State Constitution attaches when the criminal
 4   complaint is filed. People v. Martinez, 22 Cal.4th 750, 754-56, 94 Cal.Rptr.2d 381,
 5   996 P.2d 32 (2000); People v. Hannon, 19 Cal.Sd 588, 608, 138 Cal.Rptr. 885 564
 6   P.2d 1203 (1977). . In this particular case - August 29th, 2001.
 7           The criteria for determining when the right to a speedy trial has been
 8   violated were set forth by the United States Supreme Court in Barker v. Wingo?
 9   Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).
10           The Court in Doggett evaluated the prosecutorial significance of different
11   kinds of delay. Doggett v. United States, 505 U.S. 647, 652, 112 S.Ct. 2686, 120
12   L.Ed.2d 520 (1992). It placed justifiable delay at one end of the scale, bad-faith
13   delay at the other, and official negligence in between, and found that, pursuant to
14   Barker, different weights should be assigned to different reasons for delay.
15           Official negligence compounds over time as the presumption of evidentiary
16   prejudice grows. Doggett v. United States, 505 U.S. 647, 657, 112 S.Ct. 2686,
17   120 L.Ed.2d 520 (1992).
18           Accordingly, in serious felony cases, delays of about eight months or
19   more should trigger an inquiry into whether the Sixth Amendment has been
20   violated. Doggett v. United States, 505 U.S. 647, 652, 112 S.Ct. 2686, 120
21   L.Ed.2d 520 (1992). In A. Zinchenko case the time from filing complaint in
22   August 2001, until going to trial in April 2003 -18 months.
23           In general, after an arrest, the defendant must be brought before a
24   magistrate without unnecessary delay, and in any event within 48 hours of arrest,
25   excluding Sundays and holidays1Penal Code §§ 825 warrant, amended Jan. 1,
26   1996)
27           A/. Statutory right to speedy trial—Time for preliminary hearing
28           A. Zinchenko was arrested on or about September 2d, 2001. His arraignment

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 101 of 140
 1   and appointment of attorney C. Leftwitch occurred on or about September 9th,
 2   2001. The preliminary hearing started on November 2d, 2001. All this for
 3   something which occurred in September 1999.
 4         His right to speedy trial was violated according to Penal Code § 859b.
 5   Setting time for examination where defendant pleads not guilty to felony; Time
 6   within which preliminary examination must be held. At the time the defendant
 7   appears before the magistrate for arraignment, if the public offense is a felony to
 8   which the defendant has not pleaded guilty in accordance with Section 859a, the
 9   magistrate, immediately upon the appearance of counsel …, the preliminary
10   examination shall be held within 10 court days of the date the defendant is
11   arraigned or pleads whichever occurs later, or within 10 court days of the date
12   criminal proceedings are reinstate.
13         The constitutional right to a speedy trial belongs to the defendant, rather
14   than his or her attorney, and thus counsel cannot waive the constitutional right
15   over the client's objection. However, counsel may waive the statutory right to a
16   speedy trial over the defendant's objections.2 The attorney's waiver must be made
17   in order to serve the interests of the client; an attorney's request or consent to a
18   delay for personal reasons is not a waiver
19         A defendant's claim that his or her Sixth Amendment right to a speedy trial
20   was violated must be brought before the court by a timely motion to dismiss the
21   charges. The motion must be brought before trial, that is, as soon as is reasonably
22   possible after the relevant time limit has expired. People v. Wilson, 60 Cal.2d 139,
23   145, fn. 3, 32 Cal.Rptr. 44, 383 P.2d452 (1963).
24         The constitutional right to a speedy trial belongs to the defendant,
25   rather than his or her attorney, and thus counsel cannot waive the
26   constitutional right over the client's objection.
27         B/. Statutory right to speedy trial—Time for trial
28         Under Penal Code § 1049.5, in felony cases, the defendant must be brought to

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 102 of 140
 1   trial within 60 days of the defendant's arraignment unless, on a good cause
 2   showing, the court lengthens the time. However, under Penal Code § 1382(a)(2),
 3   the trial date must be within 60 days after the finding of the indictment, filing of the
 4   information or reinstatement of criminal proceedings after a determination of
 5   mental competence. The differences between Penal Code §§ 1049.5 and 1382(a)(2),
 6   include the following:
 7         1. The deadline in § 1049.5 runs from the date of arraignment, while the
 8   deadline of § 1382(a)(2), runs from the finding of the indictment or filing of the
 9   information.
10         2. The defendant may waive the 60-day requirement under § I382(a)(2).
11   However, the 60-day requirement of § 1049.5may only be extended by the court on
12   a finding of good cause.
13         3. Section 1049.5 applies to both parties, while § 1382(a)(2), applies only to
14   the defendant. The remedy for a violation of § 1049.5, available to either
15   party, is a petition for writ of mandate or prohibition. Penal Code § 1511 The
16   remedy for a violation of § 1382(a)(2), is dismissal, as well as writ review Penal
17   Code § 1382(a); Rhinehart v. Municipal Court, 35 Cal.3d 772, 780-781, 200
18   Cal.Rptr. 916, 677 P.2d1206(1984)
19         A prosecutor's stipulation that a date is the last day for trial is binding. The
20   prosecutor's stipulation may be express or implied by the prosecutor's failure to
21   object Bailon v. Superior Court, 98 Cal.App.4th 1331, 120 Cal.Rptr.2d 360 (2d
22   Dist.2002).
23         The district attorney may file an amended accusatory pleading, without leave
24   of court, at any time before the defendant pleads or a demurrer to the original
25   pleading is sustained. After entry of a plea or sustaining of a demurrer, an
26   amended pleading may be filed at any time with the court's permission or by the
27   court's order 1Penal Code § 1009
28         The People have an affirmative duty to inform the defendant of the pending

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 103 of 140
 1   proceedings against him or her and of his or her right to prompt disposition under
 2   Penal Code § 1381 People v. Martinez, Cal.App.4th 1589, 1596, Cal.Rptr.2d 673
 3   (6th Dist.1995).
 4          The same time limits and waiver provisions apply when a charge is filed
 5   against a defendant who is serving time in any of the institutions listed above. In
 6   that event it is mandatory for the district attorney to bring the defendant to trial
 7   within 90 days on his or her request, unless he or she waives the 90 day-period in
 8   open court Penal Code § 1381.
 9

10          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

11          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

12          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

13

14          GROUND EIGHTH.                   Constitutional right to speedy trial—Due
15   process claim Fifth amendment right.
16          A delay prior to arrest or indictment may give rise to a due process claim
17   under the Fifth Amendment of the United States Constitution.1 In United States v.
18   MacDonald 456 U.S. 1, 9, 102 S.Ct. 1497, 71 L.Ed.2d 696 (1982) the defendant,
19   an Army officer, was charged with murder, but the charges were dropped and he
20   was discharged. Five years later, an indictment was filed and he was tried and
21   convicted.
22          Under the California Constitution's due process clause California
23   Constitution, Article I, § 15. an intentional delay prior to indictment may violate a
24   defendant's right to a fair trial, but he or she is not entitled to relief unless there is a
25   showing of prejudice. People v. Archerd, 3 Cal.Sd 615, 640, 91 Cal.Rptr. 397, 477
26   P.2d 421 (1970)
27          The rational behind is to limit the possibilities that long delay will impair
28   the ability of an accused to defend himself.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 104 of 140
 1          Each of these is an important interest of a defendant in a criminal case. But
 2   of the three interests, "the most serious is the last, because the inability of a
 3   defendant adequately to prepare his case skews the fairness of the entire system.
 4   If witnesses die or disappear during a delay, the prejudice is obvious.
 5          Here both A. Zinchenko and father V. Ivlev had small retail businesses where
 6   the clients and market change very quick. Most of these retail businesses have a rate
 7   of survival within two years of 50%.
 8           There is also prejudice when defense witnesses are unable to recall
 9   accurately events of the distant past. How we anticipate the neighbors of A.
10   Zinchenko, or V. Ivlev to remember, what exactly they have been doing in the
11   morning of a regular business day on September 17th, 1999. Impossible. So
12   they were DEPRAVED TO STATE AFFIRMATIVE DEFENSE THRU ALIBI.
13

14          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

15          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

16          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

17          GROUND NINE.                Due process claim, violations on Preliminary
18   hearing Fourteenth amendment right.
19

20          There were two major violations. According to the provisions of Penal
21   code § 861. Examination to be completed at one session; The preliminary
22   examination shall be completed at one session or the complaint shall be dismissed.
23   The preliminary hearing started on November 2d, 2001 and was completed Monday,
24   November 5th, 2001. A. Zinchenko claimed exactly at that time judge W. Pounders
25   met with Mark and Lisa Babaian in private, which is another major violation. Most
26   probably the bribe was set and delivered at that time. Allegedly FBI SA witness
27   Jennifer Amo also was part of that hearing.
28          The second violation concerned provisions of Penal Code § 867. Exclusion

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 105 of 140
 1   and separation of witnesses. While a witness is under examination, the magistrate
 2   shall, upon motion of either party, exclude all potential and actual witness who have
 3   not been examined. The magistrate shall also order the witnesses not to converse with
 4   each other until they are all examined. The magistrate may also order, where feasible,
 5   that the witnesses be kept separated from each other until they are all examined.
 6          Including massive and systematic lies of Mark and Lisa Babaian regarding
 7   fake marriage, fake Jewish and fake Armenian ancestry, fake son Max, fake jobs,
 8   details of what exactly happened at their house WAS IMPERATIVE TO KEEP
 9   THEM SEPARATELY, as well special agent J. Amo, whose abusive report was
10   main prosecution document.
11          For example cross questions where and when J. Amo interviews were held
12   was one thing, when they all are in court room, and completely different thing, if
13   they were asked separately. That particular question none of the attorneys was smart
14   enough to ask the interpreter Ana Mahli, because obviously J. Amo and so called
15   "victims" could not communicate directly and under oath Ana would not lie for J.
16   Amo.
17          After that, confronting her with these lies would help a lot to prove, she not
18   only lied and made up the report, but she actively participated in painting and taking
19   pictures of Lisa Babaian bruises. That was very important to clear who did not tell
20   the truth Dr. Porter, or Russian prostitute L. Babaian and FBI lesbian J. Amo.
21

22          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

23          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

24          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

25

26          GROUND TEN.               Due process claim, violations on Preliminary
27   hearing Fourteenth amendment right by Intimidation of the Attorneys.
28          On preliminary hearing Attorney Theodore S. Flier/ New York school of

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 106 of 140
 1   Law/ SB#23734 in business since 1953 was cross examining the prosecution
 2   witness M . Babaian.
 3           Judge David Horowitz chased him mercilessly 20 times: "Go to another
 4   area! We already asked this! That's irrelevant question!" /CRT p.37, ln.17/, /CRT
 5   p.42, ln.5/, /CRT p.42, ln.14/, /CRT p.42, ln.16/, /CRT p.45, ln.9/, /CRT p.45,
 6   ln.16/, /CRT p.48, ln.24-26/, /CRT p.49, ln.14-15/, /CRT p.49, ln.24/, /CRT p.49,
 7   ln.27/, /CRT p.51, ln.7-8/, /CRT p.51, ln.25-26/, /CRT p.58, ln.2-3/, /CRT p.58,
 8   ln.6 /CRT p.68, ln.8/, /CRT p.85, ln.28/, /CRT p.86, ln.2/, /CRT p.87, ln.1-2/,
 9   /CRT p.89, ln.9/, /CRT p.89, ln.11/. to the point Attorney T. Flier could not take it
10   anymore: I understand that you are not interested in my credibility questions! /CRT
11   p.52, ln.4-5/.
12           The credibility of the only victim - witness regarding September 17th is
13   critical. According to these two rule and the fact M. Babaian officially told LAPD
14   and LASD he did not see who attacked him. Evidence Code:
                    §1200. Hearsay Rul(a)"Hearsay evidence" is evidence of a statement that was
15        made other than by a witness while testifying at the hearing and that is offered to prove the
          truth of the matter stated.(b)Except as provided by law, hearsay evidence is inadmissible.
16
                   §1202. Credibility of Hearsay Declarant. Evidence of a statement or other
17        conduct by a declarant that is inconsistent with a statement by such declarant received in
          evidence as hearsay evidence is not inadmissible for the purpose of attacking the credibility
18        of the declarant though he is not given and has not had an opportunity to explain or to
          deny such inconsistent statement or other conduct. Any other evidence offered to attack or
19
          support the credibility of the declarant is admissible if it would have been admissible had
20
          The-declarant been a witness at the hearing. For the purposes of this section, the deponent of
          a deposition taken in the action in which it is offered shall be deemed to be a hearsay
21        declarant. Leg.H. 1965 ch. 299, operative January 1, 1967.

22
             At the end Attorney T. Flier is not allowed to reenter the case. Judge W.
23
     Pounders hates independent attorneys.
24
             (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No
25
             (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
26
             (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No
27

28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 107 of 140
 1         GROUND ELEVEN. Sixth Amendment claim, including the right
 2   to confrontation. Federal Bruton rule- Use of codefendant's confession.
 3

 4         This is the most important of all claims. This claim shows how
 5   incompetent is Judge W. Pounders, former Deputy Attorney General,
 6   of California, who believes the media should pay 100% close and
 7   personal attention to his cases. The same great comment goes to
 8   Mr. Siciliano DA Assistant A. Colannino, who was so sarcastic in his
 9   respondent brief in appeal process.
10         Judge W. Pounders and Prosecution made a tremendous effort, to convince
11   every body, the worthless tapes of inexperienced FBI special agent J. Amo are
12   worth IMPLIED CONFESSION, because when Zinchenko and Ivlev did not
13   deny vigorously the charges, they silently accepted them.
14         One of the fundamental rights in American Judicial System is the right to
15   confront the witness. At the end of the trial the attorneys, the defendants
16   Zinchenko and Ivlev were bagging Judge W. Pounders to exercise defendant's
17   right to testify. To be cross examined and to show they are innocent. (Rock v
18   Arkansas (1987) 483 US 44, 97 L Ed 2d 37, 107 S Ct 2704).
19         Judge W. Pounders probably was concerned about conflicts with J. Amo
20   report, prepared by the memory of falling in love lesbian, a potential rise of very
21   reasonable doubt about the whole "made-up" case.
22         This ruling was critical, because destroyed the Constitutional fairness of the
23   whole process, preventing the attorneys to cross-examine codefendants and has
24   made the whole case prejudicial regarding their respective defendants, deprived of
25   the Constitutional right to challenge these implied confessions.
26         The problem of using a codefendant's confession in a joint trial is illustrated
27   by this hypothetical: defendants A and B have been lawfully joined for trial, but
28   at trial the prosecution intends to offer A's confession against A. The confession

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 108 of 140
 1   says, in effect, that A and B committed the crime. Although the jury will be
 2   cautioned to consider the confession only against A, (judge Ponders case here, see
 3   jury instruction 6.24, but still inadequate without 3.18) is B entitled to severance
 4   or some other relief? In Delli Paoli v. United States,"Delli Paoli v. United States,
 5   352 the United States Supreme Court said no, reasoning that the jury could be
 6   trusted to follow the instructions to consider the confession against A and ignore
 7   it against B.
 8          But Belli Paoli was later overruled in Bruton v. United States., 391 U.S.
 9   123, 124, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).
10          The Court in Bruton noted that it was dealing with the
11   constitutional right of cross-examination, which is included in the right of an
12   accused in a criminal case to confront the witnesses against him or her as
13   secured by the Sixth Amendment. That right is violated if A, by his or her
14   confession, is a witness against J, but cannot be cross-examined. The Court
15   explained: Bruton v. United States, 391 U.S. 123, 135, 88 S.Ct. 1620, 20
16   L.Ed.2d 476 (1968). There are some contexts in which the risk that the jury will
17   not, or cannot, follow instructions is so great, and the consequences of failure so
18   vital to the defendant, that the practical and human limitations of the jury
19   system cannot be ignored . . . . Such a context is presented here, where the
20   powerfully incriminating extrajudicial statements of a codefendant, who stands
21   accused side-by-side with the defendant, are deliberately spread before the jury
22   in a joint trial.
23          Not only are the incriminations devastating to the defendant but their
24   credibility is inevitably suspect, a fact recognized when accomplices do take the
25   stand and the jury is instructed to weigh their testimony carefully given the
26   recognized motivation to shift blame onto others. The unreliability of such
27   evidence is intolerably compounded when the alleged accomplice, as here, does not
28   testify and cannot be tested by cross-examination. It was against such threats to a

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 109 of 140
 1   fair trial that the confrontation clause was directed.
 2          A defendant will have the opportunity for effective confrontation if
 3   the confessing codefendant testifies at trial because the codefendant is
 4   available for cross-examination.
 5          Bruton v. United States, 391 U.S. 123, 127, 88 S.Ct. 1620, 20 L.Ed.2d
 6   476 (1968).The opportunity for confrontation exists even when the
 7   codefendant takes the stand, denies making the confession, and asserts
 8   that it was false. Nelson v. O'Neil, 402 U.S. 622, 627, 91 S.Ct. 1723, 29
 9   L.Ed.2d 222(1971).
10          There is also a sufficient opportunity for cross-examination if the
11   confessing codefendant only testifies at an earlier proceeding, such as a
12   preliminary hearing. California v. Green, 399 U.S. 149, 153, 90 S.Ct. 1930,
13   26 L.Ed.2d 489 (1970).But a suppression hearing is an inadequate opportunity
14   for confrontation, because the purpose of the hearing is to determine the
15   voluntariness of a confession, making the truth or falsity of the confession is
16   irrelevant. Thus, there is no opportunity to question the maker concerning
17   the reliability of the statement Lee v. Illinois, 476 U.S. 530, 546, fn. 6, 106
18   S.Ct. 2056, 90 L.Ed.2d 514 (1986)..A Bruton problem is not necessarily
19   avoided even if the maker of the confession testifies at trial.
20          For example, if two defendants are represented by the same attorney, he
21   or she can hardly engage in effective cross-examination on behalf of one client
22   without discrediting the other. Thus, his or her decision not to cross-examine or
23   to do so only pro forma constitutes a violation of the Bruton rule 'Courtney v.
24   United States, 486 F.2d 1108, 1109 (9th Cir.1973).
25          COMMENT In 2004, the United States Supreme Court held in Crawford
26   v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177(2004). that, the
27   Confrontation Clause prohibits testimonial hearsay, such as that contained
28   in statements by co-defendants or accomplices, to be introduced without

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 110 of 140
 1   affording the defendant an opportunity to cross-examine the declarant. This
 2   ruling reaffirms the principles in Aranda-Bruton that codefendants' confessions
 3   cannot be used because they violate the right of confrontation.
 4          Before Bruton, the California Supreme Court concluded in People v.
 5   Aranda, 63 Cal.2d 518, 530, 47 Cal.Rptr. 353, 407 P.2d 265 (1965). that a
 6   codefendant's extrajudicial statement must either be excluded or redacted to
 7   avoid implicating the defendant. This judicially declared rule of practice imple-
 8   ments Penal Code § 1098. The codefendant's confession must be excluded or
 9   redacted even if the codefendant testifies People v. Aranda, 63 Cal.2d 518, 530, 47
10   Cal.Rptr. 353, 407 P.2d 265 (1965).
11          However, to the extent Aranda went beyond Bruton to require exclusion
12   even if the declarant testifies, it was abrogated by the adoption of Proposition 8 in
13   1982. Proposition 8 added California Constitution, Article I, § 28(d), requiring
14   conformance to federal law exclusionary rules. In re Jose M., 21 Cal.App.4th 1470,
15   1479, 27 Cal.Rptr.2d 55 (1st Dist.1994).The Aranda rule is now coextensive with the
16   federal rule.
17          The Aranda/Bruton rule that a codefendant's confession must be excluded
18   or redacted to avoid implicating the defendant applies to:
19          Any inculpatory statement, in addition to confessions. People v. Anderson,
20   43 Cal.Sd 1104, 1123, 240 Cal.Rptr. 585, 742 P.2d 1306 (1987).Out-of-court
21   exculpatory statements.
22          Penal Code § 1098's authorization of separate trials for codefendants refers
23   to "severance," not "bifurcation. "People v. Wojahn, 150 Cal.App.3d 1024, 1033, 198
24   Cal.Rptr. 277 (1st Dist.1984).
25          The decision to block testimony of Zinchenko and Ivlev was crucial error, adding
26   up to the fact there where no witnesses, no evidence.
27

28          (2) Did you raise this claim on direct appeal to the California Court of Appeal?    Yes  No


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 111 of 140
 1          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

 2          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 3

 4           GROUND TWELVE: Violation of Right to fair and due process
 5   including the right to trial by judge who must be an impartial judge.
 6   Fourteenth amendment right.
 7

 8           Nelson v. Fitzgerald (1965, Alaska) 403 P2d 677 was held that the judge
 9   should disqualify himself from presiding, rather than dismissing the plaintiff's
10   action for failure to appear after an unsuccessful attempt to arrange substitute
11   counsel. In Sate ex rel. Davis v Parks (1939) 141 Fla 516, 194 So 613 prohibition
12   procedure to compel a trial judge to desist from existing jurisdiction over a cause,
13   on the ground of prejudice against the realtor and his counsel.
14          (Tumey v. State of Ohio, 273 U.S. 510, 47 S. Ct. 437, 71 L. Ed. 749, 5 Ohio
15   L. Abs. 159, 5 Ohio L. Abs. 185, 50 A.L.R. 1243 (1927)),
16           Court added that it is not enough for a Judge to assert that he is free from
17   prejudice, but that the guaranty of fair and impartial trail can mean nothing less
18   than THE ATTITUDE OF THE JUDGE AND THE ATMOSPHERE OF THE
19   COURT ROOM IS SUCH THAT NO MATTER WHAT CHARGE IS LODGED
20   AGAINST A LITIGANT, OR WHAT CAUSE HE IS CALLED UPON TO
21   LITIGATE, HE CAN APPROACH THE BAR WITH EVERY ASSURANCE
22   THAT HE IS IN A FORUM WHERE THE JUDICIAL ERMINE IS
23   EVERYTHING THAT IT SHOULD TYPIFY.
24         A/ Extreme decisions of Judge W. Pounders showing some symptoms of
25   schizophrenia. Schizophrenia is a chronic, severe, and disabling brain disease.
26   Approximately 1 percent of the population develops schizophrenia during their
27   lifetime - more than 2 million Americans suffer from the illness in a given year.
28          People with schizophrenia often suffer terrifying symptoms such as hearing


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 112 of 140
 1   internal voices not heard by others, or believing that other people are reading their
 2   minds, controlling their thoughts, or plotting to harm them. patients suffering from
 3   paranoid-type symptoms - roughly one-third - often have delusions of persecution,
 4   or false and irrational beliefs that they are being cheated, harassed, poisoned, or
 5   conspired against. In addition, delusions of grandeur, in which a person may believe
 6   he or she is a famous or important figure, may occur in schizophrenia.
 7          Judge W. Pounders ninth-floor courtrooms under his direction installed
 8   multiple security cameras and bulletproof plating on the inside of the judge's bench
 9   and the clerk's area. Also, bulletproof windows surround the bailiffs' desk. Prima
10   facie schizophrenia - the 9th floor Judge Pounders.
11          In addition to a second weapons screening checkpoint on the ninth floor, all
12   of the courtrooms are equipped with some type of security enhancements.
13   Pounders takes extra precautions with a 0.38 caliber Smith & Wesson hammerless
14   handgun. Obviously Judge Pounders believes more in the gun rights than in
15   law and Constitution- paranoia unparalleled by any law enforcement person in
16   this huge facility.
17          In People v. Buckey, A753005 Pounders schizophrenic decisions, such as
18   excluding testimony from 50 witnesses. "alienated just about everybody"

19
     producing no conviction in the cost to taxpayers of $13 million.

20
            In another case Judge Pounders hired a Juror as a county employee in

21
     order to produce sentence - the only one case in the history of California

22
     jurisprudence-a schizophrenia at his best.

23
            Armed investigators took possession of the Metropolitan News Co. offices

24
     in downtown L.A. on May 2002 on warrant signed by schizophrenic judge W.

25
     Pounders, in violation of 42 USA § 2000aa including search not only of the files,

26
     but every drawer, billfold and purse under their roof ejecting staff members on the

27
     sidewalk, a schizophrenia at his best.

28
            In May, 13th 1996 Attorney P. Watson was send for two days in jail, for


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 113 of 140
 1   trying to inquire in the state of mind of a person in State custody for four years
 2   against the instructions of schizophrenic judge W. Pounders.
 3          But most of all he likes publicities - the feeling of grander and exclusiveness
 4   is typical manifestation of schizophrenia. After the trial People vs. Buckey Attorney
 5   Davis had that much to say: Pounders courted the media and made rounds on the
 6   talk-show circuit, including "Oprah," "Geraldo" and "Good Morning. America."
 7   Pounders decision to send to electric chair Stanley Williams and indictment of pizza
 8   delivery man as mass murderer had just one goal: to create as much publicity and
 9   exclusiveness of schizophrenic judge W. Pounders in this process.
10         It is important to clear up - his paranoia is quite selective -PPP-politics,
11   publicity, power.    Judge W. Pounders came to the bench for grate political
12   contribution to G. Dukmejian, who created a judgeship position for him, the story
13   with Metropolitan News paper, the publicity around Stanley T. Williams death
14   sentence. So analyzing him and trying to prejudge his reactions he falls in one of
15   the standard three prototypes:
16         -Oliver North, I could do everything, even lie publicly, if my mission like
17   Iran-Contras is so "noble". The "noble" mission for Judge Pounders is the war on
18   crime, pushed so hard by him, than the gun is more important attribute for him, than

19
     the gavel;

20
           -Charles Keating Jr., savings and loans-we need that façade of prestige, but

21
     what is behind only God knows;

22
           A. Zinchenko shared how Judge W. Pounders approached him few times

23
     with the message" if you make confession" , "I would cut in half your time." Such

24
     an hypocrite.

25
            B/. Open and unabridged hatred and discrimination towards the

26
     Russians. That was politically correct for very long time. The cold war raged

27
     for 50 years and nothing was done to limit the psychological deformation of the

28
     people involved in it and in the first place the military personnel.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 114 of 140
 1         Pounders was a gatekeeper to U.S. missiles side during the tense days of the
 2   1962 Cuban missile crisis and the Nov. 22. 1963. assassination of President John F.
 3   Kennedy. He was so scared in his underground silo to be first target of the
 4   Russians, than he could not take it anymore and he resigned from military after 3
 5   years. He likened the experience to being an inmate at the County Jail. That
 6   cold war episode has stained his soul for life with fear and horror. He definitely
 7   should be challenged peremptory on his impartiality in this case according to Code
 8   of Civil Procedures § 170.6.
 9         -C/. Judge Pounders opinion impact. Damage.
10         The damaging part of Judge W. Pounders manifested itself in preconceived
11   opinion, prejudged case, where defendants were guilty as soon as they entered his
12   court room.
13         Judge W. Pounders had a number of comments regarding implied guilt, the
14   big handicap was a lack of background information for defendants from their
15   native countries Ukraine and Russia, but Judge W. Pounders did not trust these
16   countries, although the American influence in Yelzin's Russia was enourmous and
17   even CIA had a huge office in Moscow
18         Mark and Lisa Babaian, Igor Krassiy were looked with sympathy by Judge

19
     W. Pounders, because they were money launderers and looters of "evil" empire

20
     Russia.
           (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No
21

           (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
22

           (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No
23

24

25
           GROUND THIRTEEN: Judge W. Pounders violated Defendant's

26
     right to Sua Sponte Instruction of the Jury on Defendant's theory or

27
     defense made it fundamentally unfair. Fourteenth amendment

28
           A trial court has a duty to instruct, sua sponte, on a defense to the charge "if


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 115 of 140
 1   it appears that the defendant is relying on such a defense, or if there is substantial
 2   evidence supportive of such a defense and the defense is not inconsistent with the
 3   defendant's theory of the case." (People v. Barton, 12 Cal. 4th 186, 195, 47 Cal.
 4   Rptr. 2d 569, 906 P.2d 531 (1995)) In the absence of these factors, defense counsel
 5   must request instructions on the theory of defense (People v. Ramirez, 50 Cal. 3d
 6   1158, 1178-1181, 270 Cal. Rptr. 286, 791 P.2d 965 (1990)).
 7         By sealing the criminal record of Babaians from Germany and 2 grand thefts
 8   from Los Angeles Judge W. Pounders failed his Sua Sponte responsibilities to
 9   instruct the Jurors, that based on A. Zinchenko knowledge of their criminal past
10   and upcoming INS interviews, Babaians and I. Krasiy had a compelling reason to
11   frame A. Zinchenko. This failure of Judge Pounders created the image, that
12   Homosexual hit man and lesbian prostitute mobster, are successful business people
13   attacked by petty criminals. That wrong image created a lot of sympathy of the jury
14   to the victims.
15         Alternative theory for the events on September 17th, 1999.
16         Two carjackers attacked M. Babaian luxury car, while he was bringing his
17   son Max to children academy. There were few good reasons for that: 1/. The car
18   was parked on prohibited place - apartment complex driveway and if stolen, the

19
     first reaction of owner could be to believe the car was towed for illegal parking 2/

20
     the location was suitable because they had a greate distance to observe

21
     approaching cars and most probably - the Police;

22
           The person opening the car was using long kitchen knife, which was his

23
     opening device low jack, flat jack. The kitchen knife could be enhancement for

24
     carjacking, but not for a murder.

25
           The first man was surprised by M. Babaian and they initiated fight for the

26
     keys. The second man who was the "danger observer" rushed to help out the first

27
     man. The man with knife tried to open up the palm of Marks hand, because he held

28
     his hand close to abdomen hiding the keys. In that attempt to open up his hand with


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 116 of 140
 1   knife Mark was punched on the right hand side. Once the confrontation attracted
 2   too many people carjackers fled away. Exist possibility that they were looking for
 3   something in the car.
 4         Why this theory is better? The DA theory does not give you the motive to
 5   kill. Why A. Zinchenko would kill M. Babaian, while Mark owes him $8,000 for
 6   the car and $20,000 for illegally transportation of relatives from Mexico.
 7         If, Zinchenko kills him, he louses his investment. Even if Zinchenko and
 8   Ivlev took over the car, why Mark has to worry-the car is insured. Where
 9   Zinchenko and Ivlev could go with the stolen car. They both have retail business,
10   this is their town, a lot of people around know them. You don't steal in your
11   neighborhood - that is the basic principal.
12         Zinchenko has a wife and only one year old baby. Victor has wife, daughter.
13   The most important Zinchenko had some brushes with the law regarding
14   shoplifting, or credit cards, but he was not a violent criminal. V. Ivlev does not
15   have criminal record at all.
16         If they wanted to kill him probably they would wait for Mark to open up the
17   door and then they would squeeze him in the car and drive away-classical
18   carjacking with kidnapping.

19
           Now if they wanted to kill him. What kind of aforethought is to do it on the

20
     open - 7 buildings 3-4 story high., busiest time, a lot of pedestrians, kitchen knife.

21
     Mark car is parked illegally. You never know if the police, or the owner could

22
     come first.

23
           The children academy has a lush landscaping. That secluded entrance

24
     probably is the best place to attack and kill, if there is aforethought. The body

25
     could be disposed in the bushes, they would have 10-15 minutes before somebody

26
     finds him. Please, look at the pictures attached here.

27
           (2) Did you raise this claim on direct appeal to the California Court of Appeal?    Yes  No
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 117 of 140
 1         (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

 2         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 3

 4         GROUND FOURTEEN: Malicious and character damaging
 5   statements by Judge W. Pounders regarding defendants - making
 6   inroads over the minds of jurors.Fourteenth amendment.
 7

 8         This is in Jury Instruction No. 2.51, Page 7 In deciding whether or not to
 9   testify, the defendant may choose to rely on the state of the evidence and upon the
10   failure, if any, of the People to prove beyond a reasonable doubt every essential
11   element of the charge against him. No lack of testimony on defendant's part will
12   make up for a failure of proof by the People so as to support a finding against
13   him on any such essential element.
14         Judge W. Pounders is making one admittance, how he prejudges the cases
15   and how important is to" frame" the people /CRT p.1918, ln.3-10/Accept that as an
16   explanation for failure to deny at any time the continued accusations. that was
17   the whole point of the phone call, to get Mr. Zinchenko to make statements about
18   his culpability(isn't it called illegal "framing" using illegal
19   means" where you the super Judge, the former Deputy
20   Attorney General - for bribes, are inferring, suggesting,
21   implying absurd way of thinking to send innocent person 25
22   years to life in jail), and although he did not say he did it specifically, he
23   made statements that an innocent person would not have made. An innocent person

24
     would have at some point said I'm tired of you constantly accusing me of Doing

25
     this. You know I didn't have anything to do with it. Never any statement like that.

26
           Why Mr. Pounders you believe Zinchenko have to vigorously deny the

27
     charges or to accept them-he is not in Court of law, these people are mobsters, he

28
     is suspicious to be wiretapped, which is true, so what is logical reason to accept or


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 118 of 140
 1   deny provocations if you are suspicious, or he has to justify the time sheet of the
 2   mediocre FBI agents Dana and Jenny. How dumb and how damaging to you Judge
 3   Pounders is that to have preconceived opinion based on no admittance of
 4   guilt?!?!.
 5            How intimidated attorneys could challenge a schizophrenic judge who is so
 6   well connected, carries a gun and could send you to jail. Attorneys are not that
 7   brave.
 8            Upon finding of bias, prejudice or inability to be impartial, disqualification
 9   of a judge is mandatory. In re Carlos V. ( App. 6 Distr. 1997) 67 Cal. Rptr. 2d 155,
10   57 Cal. App. 4th 522.
11            Timely motion to disqualify judge had to be granted without regard to the
12   disruption it may cause in the orderly administration of the litigation and regardless
13   of the reviewing court's views concerning good faith of party or its lawyer in filing
14   motion. School District of Okaloosa County v. Superior Court ( App. 2 Distr.
15   1997) 68 Cal. Rptr. 2d 612, 58 Cal. App.4th 1126
16

17            (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

18            (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

19
              (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

20
              GROUND FIFTEEN: Fifth Amendment claim. Violation of the

21
     Constitutional Right of Defendant against Double Jeopardy through

22
     multiple overlapping counts for the same transaction in violation of

23
     Penal Code § 654 regarding incident on September 17th, 1999.

24
              Where felony-murder instructions compelled conclusion that crime of

25
     assault with intent to commit robbery with deadly weapon and assault with intent

26
     to commit first-degree murder were same offense for double jeopardy purposes,

27
     and Tennessee state legislature had not clearly indicated that crimes should be pun-

28
     ished in cumulative fashion, petitioner was entitled to writ of habeas corpus as to


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 119 of 140
 1   conviction for assault with intent to commit first-degree murder. Pryor v. Rose,
 2   C.A.6 (Tenn.) 1984, 724 F.2d 525.
 3         Federal habeas petitioner's claim of double jeopardy violations in
 4   enhancement of multiple sentences pursuant New Jersey statute authorizing
 5   imposition of enhanced penalty for enumerated offenses committed when the
 6   offenders armed was sufficient to invoke fed habeas jurisdiction. Jackson v. Beyer
 7   D.N.J.1990, 750 F.Supp. 153 habeas petitioner's claim of double jeopardy
 8   violations in enhancement of multiple sentences pursuant New Jersey statute
 9   authorizing imposition of enhanced penalty for enumerated offenses committed
10   when the offenders armed was sufficient to invoke fed habeas jurisdiction. Jackson
11   v. Beyer D.N.J.1990, 750 F.Supp. 153.
12         For purposes of habeas corpus petition alleging that prosecutor intentionally
13   provoked defendant to move for mistrial and that therefore retrial of defendant is
14   barred by double jeopardy, mere pointing out by defendant in his habeas corpus
15   petition of conflicting or contradictory evidence relevant to intent of prosecutor
16   does not satisfy his burden of establishing by convincing evidence that state court's
17   factual determination that prosecutor did not intend to provoke mistrial was
18   erroneous. Thomas v. Sumner, D.C.Nev. 1985, 610 F.Supp. 583.

19
           (1) Supporting FACTS:

20
           Penal Code § 654 applies when a course of conduct violates more than one

21
     statute but constitutes an "indivisible transaction." An indivisible transaction is one

22
     with a single intent and objective underlying a course of criminal conduct which is

23
     not divisible in time (Neal v. State, 55 Cal. 2d 11, 9 Cal. Rptr. 607, 357 P.2d 839

24
     (1960); People v. Deloza, 18 Cal. 4th 585, 591, 76 Cal. Rptr. 2d 255, 957 P.2d 945

25
     (1998); People v. Harrison, 48 Cal. 3d 321, 336, 256 Cal. Rptr. 401, 768 P.2d 1078

26
     (1989)), even though one crime is technically complete before the other is

27
     commenced. People v. Bauer, 1 Cal. 3d 368, 82 Cal. Rptr. 357, 461 P.2d 637

28
     (1969)). (People v. Deloza, 18 Cal. 4th 585, 591, 76 Cal. Rptr. 2d 255, 957 P.2d


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 120 of 140
 1   945 (1998)). The Act on September 17th, 1999 could not be an attempted murder
 2   with the malicious intent for the following reason: All the testimony support the
 3   object of dispute to be a Black BMW. The only OVERT ACT committed is Overt
 4   Act # 8 struggle for the car keys in which the cut on the lower right side is
 5   consistent with the fight for the keys held by the victim exactly in the vicinity of
 6   lower right side.
 7         According to the only witness David Yong: the Silver BMW was on the
 8   right side and white Taurus to the left /CRT p. 331, ln 10-12/ in plain and
 9   unobstructed view on the driveway, which is more than 30 feet wide, basically the
10   width of the building on 1042 North Vista.
11         According to D. Yong the only questioning to him was done by FBI /CRT p.
12   323, ln 24/, so DA Office and A. Colannino never made the effort to check the
13   side. This driveway is open concrete patio between 7 residential apartment
14   buildings 4 story in height, with two lanes parked cars on the both sides all the
15   time, with 7/11 in the vicinity and unobstructed view of 500 yards in both
16   directions of N. Vista.
17         So these two criminals have to be extremely dumb to attack on open,
18   crowded place, between 7 buildings, 100 yards from Santa Monica boulevard

19
     when there are so many cars parked around, than the only available spot for these

20
     two cars was the sloped up driveway in the busiest time, broad light at 8.45 a.m.. If

21
     the first wound is consistent with attempt to cut the key chain, to force M. Babaian

22
     to open up his hand being in crouch position and holding his hand with keys to his

23
     body, the second one just an inch or two from his rectum is referring to his

24
     homosexuality and has to do more with his humiliation, than with his killing.

25
     We never hurt for a killing through the rectum. If the assailants had enough time to

26
     hit him in the rectum, probably they had enough time to hit him in the vital area

27
     and to kill him with such a long blade knife. Very, very, Bogus!!!

28
           Both Ivlev and Zinchenko had family, both were very well known to


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 121 of 140
 1   Babaians and after the incident on September 8th, they could be a prime suspects.
 2   Even if they took the car, where they could hide it if they live in the vicinity and in
 3   a small Russian community in W. Hollywood they could be identified at the time
 4   of the attack by hundreds and even thousands of people.
 5         We don't know how dumb could be to attack with" the malicious intent" to
 6   kill in the open, crowded public place, while Zinchenko just in few of the
 7   enterprises described in the case was making $30,000 to $50,000 but even the
 8   slightest suggestion for murder is either dummier , or either completely made up
 9   by you Mr. Siciliano A. Colannino and we know for what - for the huge amount of
10   laundered money by the Russian Mafia. May be you see in it your roots, your
11   ancestry.
12         The phrase "committed on the same occasion" refers to "at least a close
13   temporal and spatial proximity between two events, although it may involve other
14   factors as well." (People v. Deloza, 18 Cal. 4th 585, 594, 76 Cal. Rptr. 2d 255, 957
15   P.2d 945 (1998)).
16         So, IF IT IS NOT PRESENT AT ALL "MALICIOUS AFORETHOUGHT
17   TO KILL" AND THERE IS NO DEAD BODY how Penal Code § 187 - 25 year to
18   life attaches to it. The only thing that attaches to the incident on September 17th is

19
     a huge bribe.

20
           So the only charge which could apply to September 17th is carjacking. For

21
     the good and well argued reasons by excellent criminal Attorney G. Nicolaysen

22
     attached here and for the following argument the "carjacking charge" is irrelevant

23
     also because it is a car dispute regarding the incident on September 8th: Claim of

24
     title principle The defendant's good-faith belief, even though mistakenly held, that

25
     [he] had a claim of title to the property taken, negates the felonious intent to steal

26
     which is necessary to convict [him] of theft by embezzlement, as long as the

27
     property was appropriated openly and acknowledged. Basically this is the 5th

28
     Amendment right against self incrimination.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 122 of 140
 1            The defendant need not show that [his] mistaken claim of title was
 2   reasonable. An unreasonable belief that [he] had a legal right to take the property
 3   will suffice so long as the claim was made in good faith.
 4            If, after consideration of all the evidence, you have a reasonable doubt
 5   whether the defendant acted under a good-faith belief in a claim of title to the
 6   property you must find [him] not guilty. Pen Code § 511, People v. Farsight, 64
 7   Cal. App. 4th 1402, 75 Cal. Rptr. 2d 858 (1998)
 8            The conspiracy charges on September 8th.
 9            1/. Zinchenko, Zhukov, Barashkov, Tairov are coming together not because
10   they have going on conspiracy, but because they have only one car and every body
11   has some kind of personal claim: Tairov is the driver, Barashkov has to collect his
12   belongings, Zhoukov is working with this car, Zinchenko had money invested,
13            2/. They are invited in the house, they don't brake in,
14            3/. Ludmila Borisova drinks vodka with them for a while;
15            4/. They do not ransack the house for black BMW keys;
16            5/. It is in a broad afternoon, still daylight;
17            6/. The famous knife is not brought in with them, because brand name
18   Henckel is very expensive/about $150/ and none of these conspirators who are

19
     unemployed could afford it;

20
              7/.In FBI file p.35 is mentioned Babaian went to kitchen to pick up a knife,

21
     but he didn't, that's the moment when Zhukov threw their Henckel knife, which

22
     turned to be without any fingerprints. All bloody criminals were shoveled out by

23
     two drunk women Olga and Ludmila.

24
              How intimidated attorneys could challenge a schizophrenic judge who is so

25
     well connected, carries a gun and could send you to jail. Attorneys are not that

26
     brave.
              (2) Did you raise this claim on direct appeal to the California Court of Appeal?    Yes  No
27
              (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 123 of 140
 1         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 2

 3         GROUND SIXTEEN: Trial court INSTRUCTION to the jury accepting
 4   the attack on September 17th to be conducted by Zinchenko and
 5   Ivlev without evidence supporting beyond reasonable doubt such
 6   attack violated Defendants Constitutional rights to Fair and Due
 7   process-Fourteenth Amendment./Jury Instructions 8.69, Page 11/
 8

 9         Errors in reasonable doubt instruction which created significant risk that
10   jurors could find guilt in state trial based on threshold of proof below that required
11   by Constitution were not harmless beyond a reasonable doubt where
12   Commonwealth's case rested substantially on credibility of alleged victim.
13   Lanigan v. Maloney, C.A.I (Mass.) 1988, 853 F.2d 40, certiorari denied 109 S.Ct.
14   788, 488 U.S. 1007, 102 L.Ed.2d 780.
15         Where concept of reasonable doubt was incorrectly defined three times in
16   jury instructions given by state trial courts and where cumulative effect of the
17   errors was to obfuscate the concept and evidence against defendants was, though
18   substantial, not overwhelming, distinct possibility existed that juries were misled

19
     by the charge and, therefore, errors warranted habeas corpus relief. Dunn v. Perrin,

20
     C.A.I (N.H.)1978, 570 F.2d 21, certiorari denied 98 S.Ct. 3102, 437 U.S. 910, 57

21
     L.Ed.2d 1141

22
           The trial court has a duty to determine, before an instruction is given, that

23
     there is legally sufficient evidence in the record to support the instruction. This

24
     obligation includes a correlative duty to refrain from instructing on principles of

25
     law that are irrelevant to the issues raised by the evidence because this may have

26
     the effect of confusing the jury or relieving it from making findings on relevant

27
     issues. (People v. McNeill, 112 Cal. App. 3d 330, 169 Cal. Rptr. 313 (1980))

28
           The question of the legal sufficiency of the evidence to support an


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 124 of 140
 1   instruction must be initially decided by the trial court; the court's failure to make
 2   such a preliminary determination is error (People v. Hannon, 19 Cal. 3d 588, 597,
 3   138 Cal. Rptr. 885, 564 P.2d 1203 (1977)).
 4           (1) Supporting FACTS: The only witness D. Yong never been questioned
 5   by DA Siciliano A. Colannino for a reason. Nothing is there to support the charges:
 6   He had not hear any yelling and treats/CTR p. 334, ln. 17-19/; the two attackers
 7   had dark, grey spiky hair like Georgians or Italians - A. Colannino/CTR p. 322, ln.
 8   8-9/, but Zinchenko did not have much gray hair, Ivlev is blond; the car according
 9   to D.
10           Yong was white Taurus /CTR p. 334, ln. 17-19/, bur according to M.
11   Babaian was old Nissan see preliminary hearing; nothing regarding Zinchenko /
12   Ivlev was reported to LA PD, Sheriff's Department, Detective Lucas, neither they
13   were invited as a witnesses by Prosecution; D. Yong did not see the license plate
14   and could not identify them /CTR p. 327, ln. 1-2/; or their faces /CTR p. 327, ln.
15   22-23/; although the question of Defendant's alibi was down played by Defense
16   attorney Lake, because he did nothing to find witness, but the alibi question was
17   quite relevant if investigated immediately after:
18           The distance between N. Vista and V. Ivlev business on 1443 N. Highland is

19
     about 1.3 miles, but there are 18 lights and stop signs, this is the busiest time, also

20
     according to what happened these guys supposed to be bloody, both of them don't

21
     have a car, so they have to hide the hit car, they have to wash and change closes,

22
     they have a grate chance, because this is their neighborhood to be seen and

23
     positively identified by a lot of people, the police supposed to be after them ,or to

24
     check at their place.

25
             The whole procedure could take 40-50 minutes, or more. Without effective

26
     assistance of counsel and looking for witnesses almost 4 years later they weren't

27
     able to provide any person.

28
             So where is the benefit of Reasonable doubt Mr. Siciliano and Mr. judge?


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 125 of 140
 1   Where?
 2          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

 3          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

 4          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 5          These claims were raised to Court of Apeal and California Supreme Court
 6   partially as Brady law violations by DA Office and partially as Miranda rights
 7   violations by compulsive-reactive schizophrenic Judge W. Pounders. In NON
 8   existing case picked up after dismissal from US District Court as double jeopardy,
 9   where DA Deputy Siciliano A. Antoninno and Judge W. Pounders split large bribe,
10   where FBI has a percentage of money laundering operations, where W. Pounders is
11   proud of his connections to Appellate Justices Roger W. Boren and he himself sat
12   few times on Court of Appeal assignments, and W. Pounders is claiming California
13   Supreme Court Chief Justice Ronald George to be his close friend THE WHOLE
14   APPELLATE PROCESS IS NO MORE, NOT LESS BUT PAPER RECYCLING
15   PROCESS WITH NO REMEDIES ON THE STATE LEVEL.
16

17          GROUND SEVENTEEN                      .Violation of VICINAGE Right Of Jury
18   Selection. Sixth Amendment claim - the right to an impartial jury

19
            Demonstrate that member of jury which heard his case was biased is entitled

20
     to federal habeas corpus relief. Depree v. Thomas, C.A.ll (Ga.) 1991, 946 F.2d

21
     784.

22
            State prisoner's claim that he was denied right to trial by an impartial jury

23
     guaranteed by U.S.C.A. Const. Amend. 6 could be considered by federal court on

24
     habeas review. Rock v. Zimmerman, D.C.Pa.1982, 543 F.Supp. 179. habeas corpus

25
     granted 586 F.Supp. 1076.

26
            A violation of the right to an impartial jury is cognizable on habeas corpus

27
     3rd Circuit—Rock v. Zimmerman, 543 F. Supp. 179 (M.D. Pa. 1982).4th Circuit—

28
     Donovan v. Davis, 558 F.2d 201 (4th Cir. 1977).8th Circuit—Thompson v. White,


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 126 of 140
 1   661 F.2d 103 (8th Cir. 1981), judgment A claim of sex discrimination in the jury
 2   selection process is properly the subject of a 28 USCA § 2255 petition Machetti v.
 3   Linahan, 679 F.2d 236 (llth Cir. 1982).
 4          Vicinage Right Does Not Limit Jurors to Residents of County Where
 5   Crime Occurred
 6          The Sixth Amendment gives a defendant the right to be tried by a jury
 7   drawn from the judicial district (vicinage) in which the crime was committed.
 8          Challenge to the jury panel is an objection made to all the jurors on the
 9   panel. The challenge must be made before any juror is sworn (CCP §225(a)(l))
10          Jurors must be selected at random from a fair cross-section of the
11   population of the area served by the court. See CCP §§191, 197. A list of
12   names of potential jurors is prepared from voter registration, driver's license, and
13   Department of Motor Vehicles' identification card records. CCP §197(b). These
14   are called "source lists."
15          Although a defendant does not have the right to a jury that mirrors the
16   demographic composition of the population, or that necessarily includes members
17   of his or her own group, or that is composed of any particular group of
18   individuals (People v Crittenden (1994) 9 C4th 83, 119, 36 CR2d 474), a
19   defendant is constitutionally entitled to a jury panel that is as near an
20   approximation of the ideal cross-section of the community as the process of
21   random drawing permits. People v Wheeler (1978) 22 C3d 258, 276, 148 CR
22   890.
23          Cases have held that the "community" for cross-section analysis is the
24   "judicial district" in which the case is tried. See People v Jenkins (2000) 22
25   C4th 900, 982, 95 CR2d 377. Since trial court unification, a judicial district is
26   a county. See CCP §38. It is presently unclear when a "judicial district" for
27   cross-section analysis will be a smaller unit than the entire county
28          The group alleged to have been excluded is a "distinctive" group in the

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 127 of 140
 1   community. The representation of this group in jury panels is not fair and
 2   reasonable in relation to the number of such persons in the community; 3 The
 3   under representation is due to systematic exclusion of the group from the jury
 4         (1) Supporting FACTS: Strange enough on Judge Pounders court the jurors
 5   from the previous day-consider preselected by him - are coming for the service.
 6   There are no ethnic Russians, but there are four Armenians, while Babaians are
 7   claiming Jewish-Armenian ancestry and definitely they are viewed with a lot of
 8   sympathy, because their criminal and mobster past is expunged from the record.
 9         In classical discrimination case an effort is made to exclude other ethnic
10   groups in order to achieve higher percentage for the desired group.
11         Judge W. Pounders believed he is smarter, by bringing in - from previous
12   day - a group where the percentage of Armenians was already very high, so he
13   does not have to deal with complaints why this or other juror were excluded.
14   Hopefully the attorneys are not very familiar with Armenian names.
15

16         (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

17         (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

18         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

19

20         GROUND EIGHTEEN: Sixth Amendment Claim. Violation of
21   Constitutional right by denial of effective assistance of counsel.

22

23
           Habeas corpus relief on ground of incompetency of counsel or denial of

24
     effective counsel will lie granted only when trial was a farce, or a mockery of

25
     justice, or was shocking to conscience of reviewing court, or purpled

26
     representation was only perfunctory, in bad faith, a sham, a pretense, or without

27
     adequate opportunity for conference and preparation. Scalf v. Bennett, C.A. 8

28
     (Iowa) 1969, 408 F.2d 325, certiorari denied 90 S.Ct. 175, 396 U.S. 887, 24


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 128 of 140
 1   L.Ed.2d 161. See, also, Ellis v. State of Okl., C.A. 10 (Okl.) 1970, 430 F,2d 1352,
 2   certiorari denied 91 S.Ct. 1260. 401 U.S. 1010, 28 L.Ed.2d 546; Mosley v. Smith,
 3   C.A. 5 (Ga ) 1968 404 F 2d 346; Quarles v. Dutton, C.A. 5 (Ga.) 1967, 379 F.2d
 4   934; U.S. ex rel. Williams v. Brierley, D.C.Pa. 1968, 291 F.Supp. 912.
 5

 6         (1) Supporting FACTS:
 7         1/. Attorney P. Lake allegedly had a substance abuse problem, well known
 8   to wacky judge W. Pounders, who specialized in DUI cases. That made him scared
 9   and inadequate. He came on his bike, - no car, because some police officer could
10   recognize his problem, or could stop him randomly. He never investigated
11   anything, he never took notes. According to V. Ivlev he was coming to Detention
12   Center ONLY to sleep and to ask him about the tape made by I. Martinovich. No
13   single issue, or legal strategies were ever discussed.
14         2/. Both attorneys Lake and Leftwich failed to present any witness, to
15   challenge the facts, or at least a character witness, showing the human side and
16   personal tragedy for the families of both defendants as character positive elements.
17   They were a lot of them available - Babaian's neighbors, Zinchenko's neighbors,
18   Natasha Gordonskiy, who washed the car for M. Babaian on 9/17/99 and

19
     recommended Dr. S. Porter to Lisa Babaian.

20
           The people, who arrested L. Babaian in               Santa Monica mall and in

21
     Bloomingdales, Aaron Berlin who sold them house, the body shop owner their tax

22
     returns, and employers were important to prove Babaians are mobsters, How about

23
     to subpoena the records about money laundering CID Lab.

24
           How about to check immigration status of I. Krassiyy/Ivan Bond 007/ under

25
     what kind of policy and documents he came to USA in 1993/1995/1998. How

26
     about to check his financial status. How about to check official FBI policies

27
     regarding wiretapping., How about to check the Attorneys Marina Kab and

28
     Melanie Elckart, who prepared and succeeded with fraudulent INS applications.


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 129 of 140
 1            How about to check the media about Russian mafia and Bank of America
 2   probe in California. How about Russian Consulate in San Francisco providing, just
 3   like attached general information about certified prostitute Olga Iluschihina. How
 4   about to check the new house in Laurel Canyon financing for the mobsters. How
 5   about to report them when the case was done.
 6            2/. Both attorneys quite suspiciously stipulated to block any questioning of
 7   their clients and although mentioning few times they would testify-that never
 8   happened.
 9            3/. There were no motions or challenges to evidence. they did not offer any
10   idea about jury instructions and they left the wacky judge to do what ever he likes
11   regarding jury instructions and selection. The Jury instructions were 100% W.
12   Pounders.
13            4/. The motion for new trial was oral, no hearing, no papers involved.
14            5/. There was no strategy and theory of defense .
15            6/. How about to check under what motion and decision the case reappeared
16   in Superior Court after dismissal in US District Court.
17            How intimidated attorneys could challenge a schizophrenic judge who is so
18   well connected, carries a gun and could send you to jail. Attorneys are not that

19
     brave.

20

              (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No
21

              (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
22

              (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No
23

24
              GROUND            NINETEEN.          Fourteenth           Amendment                claim.    Jury

25
     instructions, which made the trial fundamentally unfair

26
              Many criminal trial lawyers devote insufficient time to preparing the charge to

27
     the jury. Advocates on both sides of a criminal trial would do well to heed the

28
     observation that "nothing results in more cases of reversible error than


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 130 of 140
 1   mistakes in jury instructions." People v Thompkins (1987) 195 CA3d 244,
 2   252, 240 CR 516.
 3         When the prosecutor fails to make certain that the trial court gives all
 4   instructions the jury needs to decide the case, the result may be reversal and a
 5   new trial for the defendant. See People v Thompkins (1987) 195 CA3d 244,
 6   252, 240 CR 516 (noting that instructional errors are leading cause of reversal).
 7

 8         Instructions which Judge W. Pounders and DA Assistant Colannino
 9   missed:
10         Malice aforethought Instruction - CALJIC 8.11 Fundamental
11   instruction for this particular case. Here missing an element of almost all
12   charged offences. Elements of all charged offenses critical. People v
13   Cummings (1993) 4 C4th 1233 1311, 18 CR2d 796. This includes instructions
14   on states of mind.
15         The conduct of the trial and the jury's duties.
16         -CALJIC 1.06-1.08 (introductory instructions),
17         -CALJIC 17.53-17.60 (concluding instructions)
18         Circumstantial evidence see CALJIC 2.01.An instruction on the
19   sufficiency of must be given when the prosecution relied substantially on
20   circumstantial evidence for proof of the defendant's guilt. People v Marquez
21   (1992) 1 C4th 553, 577, 3 CR2d 710; People v Yrigoyen (1955) 45 C2d 46, 49,
22   286 P2d 1;
23         Instructions on the need for corroboration of accomplice testimony
24   must be given when there is evidence that a witness is an accomplice. See Pen
25   C §1111. See also CALJIC 3.10-3.19; People v Felton (2004) 122 CA4th 260,
26   267,18 CR3d 626 (coperpetrator is accomplice).
27         Cautionary instructions weren't given when an accomplice's testimony
28   incriminates the defendant. see CALJIC 3.18.People v Guiuan (1998) 18

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 131 of 140
 1   C4th 558, 569, 76 CR2d 239;
 2         When an affirmative defense directly relates to the defendant's guilt or
 3   innocence, the defendant has the burden of introducing some evidence of the
 4   underlying facts, but the defendant can satisfy that burden by raising a reasonable
 5   doubt. Evid C §501. The ultimate burden of proof of all facts necessary to
 6   establish guilt remains on the prosecution.
 7         See Mullaney v Wilbur (1975) 421 US 684, 690, 44 L Ed 2d 508, 514, 95 S
 8   Ct 1881 (state may not constitutionally shift burden to defendant to prove any fact
 9   essential to offense charged).
10         See, e.g., People v Mower (2002) 28 C4th 457, 479, 122 CR2d 326
11   (medical marijuana defense negates element of unlawful possession; therefore,
12   defendant required to raise only reasonable doubt about guilt). See also §32.33.
13         Examples of such defenses include
14         Alibi. See CALJIC 4.50-4.51. People v Costello (1943) 21 C2d 760, 765,
15   135 P2d 164.
16         An instruction on the effect of the victim's antecedent threats or assaults
17   against the defendant on the reasonableness of defendant's conduct. People v
18   Moore (1954)43 C2d 517, 531, 275 P2d 485; People v Garvin (2003) 110
19   CA4th 484, 488, 1 CR3d 774.
20         Counsel missed requesting clarifying or amplifying instructions when it
21   appeared that a legal principle that is not entirely obvious from the elements of the
22   crime may be an important factor in deciding the case.
23         For example, it is well settled in California that an individual who has been
24   threatened by another is entitled to act more quickly and take harsher measures
25   in repelling an assault than one who has not. See People v Humphrey (1996) 13
26   C4th 1073, 1095, 56 CR2d 142
27         • Many CALJIC instructions are designed to be modified to fit the facts of
28   the particular case. CALJIC 2.92 (eyewitness identification contains a list similar to

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 132 of 140
 1   the list in CALJIC 2.20 and blanks for inserting factors relevant to the particular
 2   case).
 3            DEFENSE Limiting purpose instructions:
 4            CALJIC 2-10;
 5            CALJIC 2-23;
 6            CALJIC 2-50;
 7            CALJIC 12.48.5
 8            Witness has prior felony conviction
 9            CALJIC 2.23;
10            Witness exercised privilege to refuse to testify
11            CALJIC 2.25;
12            CALJIC 2-26;
13            Prosecutor's questions are not evidence
14            CALJIC 2.42;
15            Is not supported by the evidence. People v McNeill (1980) 112 CA3d
16   330, 339, 169 CR 313.
17            Does not accurately state the law. People v Beeman (1984) 35 C3d 547,
18   555,199 CR 60.
19            Lightens the prosecution's burden of proof, or improperly shifts the burden
20   ofproof to the defendant. Sandstrom v Montana (1979) 442 US 510, 513, 61 L Ed
21   2d 39, 44, 99 S Ct 2450.
22            Defense counsel should object to an instruction that reflects any
23   prosecutorial theory of the case (e.g., conspiracy, aiding and abetting, felony
24   murder) that is unsupported by the evidence at trial. See, e.g., People v Anderson
25   (1965) 63 C2d 351, 360, 46 CR 763
26            Defense counsel could object to an instruction that reflects any
27   prosecutorial theory of the case (e.g., conspiracy, aiding and abetting, felony
28   murder) that is unsupported by the evidence at trial. See, e.g., People v Anderson

            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 133 of 140
 1   (1965) 63 C2d 351, 360, 46 CR 763 (two of prosecution's four possible theories
 2   that supported first degree murder were not supported by substantial evidence).
 3          Under the Fifth Amendment to the United States Constitution, the
 4   prosecution must prove every element of a criminal offense beyond a reasonable
 5   doubt. See Patterson v New York (1977) 432 US 197, 210, 53 L Ed 2d 281, 292,
 6   97 S Ct 2319; In re Winship (1970) 397 US 358, 364, 25 L Ed 2d 368, 375, 90 S
 7   Ct 1068.
 8          Under the Sixth Amendment, that determination must be made by the
 9   jury, not the judge. See Apprendi v New Jersey (2000) 530 US 466, 476, 147 L
10   Ed 2d 435, 446, 120 S Ct 2348; Sullivan v Louisiana (1993) 508 US 275, 277,
11   124 L Ed 2d 182, 188, 113 S Ct 2078. Consequently, instructions that lighten the
12   prosecution's burden of proof violate the defendant's Sixth Amendment right to
13   jury trial
14

15          (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

16          (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

17          (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

18

19          GROUND TWENTY: Trial court's denial of Petitioner's motion for a
20   new trial, violated is guaranteed state and federal constitutional
21   rights.
22

23          (1) Supporting FACTS: After a jury trial conviction. Petitioner's counsel
24   joined codefendant, Zinchenko, in a motion for a new trial based on erroneous
25   evidentiary rulings. Counsel argued that the court had unfairly excluded evidence
26   against his accusers of organized criminal behavior and other evidence of moral
27   turpitude.    The trial court denied the motion stating it would be an "undue
28   consumption of time," and that "it isn't logical that [the accuser! would accuse


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 134 of 140
 1   these defendants...falsely."         Petitioner's defense was vicarious to Zinchenko's.
 2   When Zinchenko's defense was turned down. Petitioner was left with nothing but
 3   the excluded evidence with which to present his defense.
 4

 5         (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

 6         (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

 7         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 8

 9         GROUND TWENTY ONE: Trial court's exclusion of evidence
10   showing prosecution's key witnesses' motives to lie and falsely
11   accuse Petitioner, violated his guaranteed state and federal
12   constitutional rights.
13

14         (1) Supporting FACTS: The trial court excluded defense evidence of

15   prosecution's key witnesses (Mr. & Mrs. Babaian), association with an organized
16   Russian-Mafia mob. The evidence was supported by declarations, FBI files and
17   Interpol reports. In the United States the Babaians further engaged in illegal
18   enterprises. This evidence was also supported by declarations, and police reports.

19
     The evidence offered was to answer the prosecution's theoretical question to the

20
     jury, "the one question the defense hasn't answered is why? Why in the world

21
     would [the Babaians] lie about who almost killed Mark Babaian. [is there] some

22
     reason why [Mark Babaian] got some animus toward these defendants..."

23
           In excluding the proffered evidence, the trial court reasoned that it "lacks pro-

24
     bative value significant enough to overcome prejudicial effect." The court of

25
     appeal did not rely on this reasoning, but offered an opinion that the evidence was

26
     largely cumulative to other evidence already in the record.
           (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No
27
           (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No
28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 135 of 140
 1         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 2         GROUND TWENTY TWO: Trial court's exclusion of evidence
 3   showing prosecution's key witness' prior crimes of moral turpitude,
 4   violated Petitioner's guaranteed state and federal constitutional
 5   rights.
 6         (1) Supporting FACTS: The trial court excluded defense evidence of
 7   conduct constituting acts of moral turpitude not giving rise to a conviction of Lisa
 8   Babaian. The court reasoned that the evidence was not admissible because the
 9   conviction itself (a lesser-related negotiated crime), did not involve moral
10   turpitude.
11         The conduct on those excluded police reports revealed Mrs. Babaian's
12   involvement with "known members of a Russian theft ring [including Lisa] were
13   presently inside the store," Petitioner's counsel objected in trial, in motion for a
14   new trial, and on appeal. The appellate court reasoned "an undue consumption of
15   time" to support its denial.
16         (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

17         (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

18         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

19

20
           GROUND TWENTY THREE: Trial court's admonishment of jurors in

21
     how to select a foreman, violated Petitioner's guaranteed state and

22
     federal .constitutional rights.

23
           (1) Supporting FACTS: The trial court admonished the jury, suggesting

24
     methods for selecting a jury foreman. It was not just a simple word, but several

25
     long paragraphs explaining what is and what is not appropriate to accomplish this.

26
     The court made suggestions at length on the "type" of person to consider, and the

27
     "method" for selection.

28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 136 of 140
 1         (2) Did you raise this claim on direct appeal to the California Court of Appeal?      Yes  No

 2         (3) Did you raise this claim in a Petition for Review to the California Supreme Court?  Yes  No

 3         (4) Did you raise this claim in a habeas petition to the California Supreme Court?    Yes  No

 4

 5         8. If any of the grounds listed in paragraph 7 were not previously presented
 6   to the California Supreme Court, state briefly which grounds were not presented,
 7   and give your reasons: N/A
 8         9. Have you previously filed any habeas petitions in any federal court with
 9   respect to this judgment of conviction?  Yes  No
10         If so, give the following information for each such petition (use additional
11   pages if necessary, and attach copies of the petitions and the rulings on the
12   petitions if available): N/A
13          a. (1) Name of court: N/A _____________________________________
14             (2) Case number: __________________________________________
15             (3) Date filed (or if mailed, the date the petition was turned over to the
16   prison authorities for mailing):
17             (4) Grounds raised (list each):
18                 (a) ___________________________________

19
                   (b) ___________________________________

20
                   (c) ___________________________________

21
                   (d) ___________________________________

22
                   (e) ___________________________________

23
                   (f) ___________________________________

24
               (5) Date of decision:

25
               (6) Result ____

26
               (7) Was an evidentiary hearing held?                     Yes  No

27
           b. (1) Name of court:

28
                (2) Case number: _


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 137 of 140
 1              (3) Date filed (or if mailed, the date the petition was turned over to the
 2   prison authorities for mailing):
 3              (4) Grounds raised (list each):
 4                 (a) ___________________________________
 5                 (b) ___________________________________
 6                 (c) ___________________________________
 7                 (d) ___________________________________
 8                 (e) ___________________________________
 9                 (f) ___________________________________
10             (5) Date of decision:
11             (6) Result ____
12             (7) Was an evidentiary hearing held?         Yes  No
13       10. Do you have any petitions now pending (i.e., filed but not yet decided) in
14   any state or federal court with respect to this judgment of conviction?  Yes  No
15             If SO, give the following information (and attach a copy of the petition if
16   available):
17             (1) Name of court__________________________________
18             (2) Case number: _________________________________

19
               (3) Date filed (or if mailed, the date the petition was turned over to the

20
     prison authorities/or mailing):

21
               (4) Grounds raised (list each):

22
                   (a) ___________________________________

23
                   (b) ___________________________________

24
                   (c) ___________________________________

25
                   (d) ___________________________________

26
                   (e) ___________________________________

27
                   (f) ___________________________________

28
          11. Are you presently represented by counsel?  Yes  No


            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 138 of 140
 1

 2         CONCLUSION:
 3         The case is so abusive, than ONLY immediate release, or trial "DE
 4   NOVO" are acceptable options.
 5         REGARDING EXHAUSTION OF STATE REMEDIES:
 6         Exhaustion is not a jurisdictional requirement. See Strickland v
 7   Washington (1984) 466 US 668, 679, 80 L Ed 2d 674, 688, 104 S Ct 2052.
 8   Failure to exhaust may be raised by the respondent as a defense to a specific
 9   unexhausted claim, but it may also be waived. This waiver must be express in
10   cases governed by AEDPA. 28 USC §2254(b).
11         The exhaustion requirement does not apply when state remedies are
12   unavailable or inadequate. 28 USC §2254(b)(l)(B); Engle v Isaac (1982) 456 US
13   107, 71 L Ed
14         Stay and abeyance. To avoid the dilemma posed by the AEDPA limitations
15   period several circuits, including the Ninth Circuit, have adopted a procedure
16   known as "stay and abeyance" or "withdrawal and abeyance" to deal with mixed
17   petitions. In the Ninth Circuit, when a petitioner files a mixed petition, the court
18   must give the petitioner the opportunity to strike or withdraw the unexhausted
19   claims. Olvera v Giurbino (9tl Cir 2004) 371 F3d 569, 572; Anthony v Cambra
20   (9th Cir 2000) 236 F3d 568, 574
21         The petition containing the remaining, exhausted claims is then held in
22   abeyance while the petitioner exhausts the unexhausted claims in state court and
23   amends the still-pending petition with the dismissed claims. The new claims are
24   timely because they "relate back" to the original petition, which was timely when it
25   was filed. 236 F3d at 573 For further discussion of stay and abeyance, see Appeals
26   & Writs §4.101; Hertz & Liebman, Federal Habeas Corpus Practice and Procedure
27

28



            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 139 of 140
 1         WHEREFORE, petitioner Alexander Zinbchenko prays that. the US
 2   District Court-Central, Los Angeles GRANT petitioner relief to which he may be
 3   entitled in this proceeding, including evidentiary hearing and dismissal of his
 4   State conviction according to Title 28 U.S.C. § 2254 Writ of Habeas Corpus.
 5

 6         I declare under penalty and perjury under the laws of the State of
 7   California AND ACCORDING TO U.S.C. Title 28 § 1746 that the foregoing is
 8   true and correct of my own knowledge, except for matters stated in it on my
 9   information and belief, and as those matters I believe it to be true.
10

11         Executed on ____________                       _______________________

12         Date                                             Signature of Petitioner/A. Zinchenko/

13

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            PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (U.S.C.A. §2254)
     CV-69 (04/05)                                                              Page 140 of 140

				
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