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Us Attorney Office for Arizona

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					 1   Walter J. Burien, Jr.
 2   P. O. Box 42
 3   East Brunswick, NJ 08816
 4   Telephone: (732) 790-9233
 5   Petitioner - Sui Juris
 6
 7                      IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
 8
 9                               IN AND FOR THE COUNTY OF MARICOPA
10
11   In Re the Marriage of:      )
12                               )                    No. DR 2000-090543
13   WALTER J. BURIEN, JR.,      )
14                               )                   NOTICE OF INDIGENT STATUS
15         Petitioner,           )                   AND REQUIRED STAY PER ANY
16                               )                   FURTHER HEARINGS OR ENFORCEMENT
17   and                         )                   OF MONETARY AWARDS BEFORE THE
18                               )                   COURT PENDING PETITIONER’S
19   DEBBIE C. BURIEN (WATTON), )                    RETURN TO ARIZONA OR CHANGE
20                               )                   OF INDIGENT STATUS
21         Respondent.           )
22                               )                   Honorable COMMISSIONER Hugh Hegyi
23                              and                  Honorable JUDGE Lisa Daniel Flores
24     New Jersey State           ]
25                                ]    Subscribed, sworn and sealed
26     Middlesex County           ]

27
28                Petitioner / Father, Sui-Juris hereby submits the following; NOTICE OF
29     INDIGENCE STATUS with cause;
30
31            1. Petitioner is limited in his ability to travel from New Jersey at-this-time and will require
32               being “PHYSICALLY” present over “appearing by phone” from New Jersey at any
33               further hearings held in Arizona per matters before the Arizona Courts. This being
34               essential to Petitioner’s case so that he may; present evidence; cross examine witnesses;
35                organize and present witnesses in his behalf; secure documents and records that are
36                located in Arizona that are essential to Petitioner’s case and cause; secure Arizona legal
37                council to assist in the presentation of Petitioner’s and Petitioner’s children’s cause;
38                present findings from ongoing US Attorney sequestered investigations per the matters
39                before the court; present Grand Jury Indictments that may be handed down per criminal
40                malfeasance; tort; statute violation; public corruption / racketeering that have taken
41                place per matters before the court on this case, DR2000-090543 and other interrelated
42                court; law enforcement; local government agency; city – county – state Attorney actions



                                                 PAGE 1 OF 6
 1      that have taken place over an extended period from 1994 until the present year of 2006;
 2      between the counties of Yavapai and Maricopa located in the State of Arizona.
 3
 4   2. Petitioner gave numerous notices by affidavit through his filings with the court since the
 5      year 2002 that his financial circumstances were deteriorating in Arizona, that in the
 6      beginning of 2005 in Saint Johns, Arizona said circumstances without remedy to effect
 7      a positive change in circumstance led to Petitioner requesting and receiving food stamp
 8      public assistance from the State of Arizona through the Department of Economic
 9      Security (DES) and giving notice with good cause that he would be returning to his
10      home state of New Jersey and that;
11
12   3. From the inception of Petitioner’s exposure to the Arizona courts when he first filed a
13      paternity action in the Yavapai County Superior Court in 1995, Yavapai Superior Court
14      case number DO 95-0538 and then his application with CSSA, ATLAS case number
15      0000527750-01, and then this action DR2000-09053, Petitioner has seen and witnessed
16      what would be expected to be normal activity within the courts but more so than not,
17      what he and many others have seen was revolving Political pandering applied in the
18      courts of Arizona contrary to the interests of; justice; the welfare of children; application
19      of Arizona statutes and law; and the overall interests of the peoples of Arizona. The
20      before mentioned ATLAS case has left a $17,000 child support order standing that has
21      arbitrarily through the years, doubled, or tripled at the whims of Yavapai Judges Robert
22      Brutinel or William Kiger, to where at one point three years after the inception of that
23      ATLAS number, the balance arbitrarily reflected $28,000. I bring forward from that
24      Yavapai case that it is confirmed by FBI Field reports completed by FBI Agent Kim
25      Kelly, with interview in 1996 with a David Spence the then Chairman of the Yavapai
26      County Republican Party, that; the Judge on the case Robert Brutinel the prior chairman
27      had called him at home and also many others that he was aware of stating that; Walter J.
28      Burien, Jr. will never get anything accomplished on his custody case in Yavapai
29      County; Walter J. Burien, Jr. will never do any business in Yavapai County; that he had
30      the cooperation of John Mofitt the city attorney and one of the County Board of
31      Supervisors Feldmier to make sure that the before mentioned would take place. Robert
32      Brutinel subsequently became the Family Law Judge for Yavapai County and appointed
33      to the Arizona Commission for Judicial conduct, which enforces ethic complaints
34      against Judges from Arizona. What a statement for politics and ethics within Arizona
35      with the appointment of Robert Brutinel to that commission. Attached and marked
36      Petitioner’s EXHIBIT (CD) are word processing copies of communications with CSSA;
37      CPS; Yavapai Sheriff; Arizona and US Attorney’s office; other government agencies;


                                         PAGE 2 OF 6
 1      attorney communications; affidavits from witnesses; court filings, as MSWord
 2      documents, from 1994 to 2006, collected and composed at great time, cost of life, and
 3      expense to Petitioner, of which the originals with several hard copies are within secure
 4      locations in Arizona. Any document contained on Petitioner’s EXHIBIT (CD), the
 5      original of that document bearing true signatures and date stamps can be produced by
 6      Petitioner for examination upon his return to Arizona, if he is presented with the
 7      opportunity to do so, all of which documents contained on Petitioner’s EXHIBIT (CD)
 8      are submitted; as evidence as if stated or presented here in full; and in support of
 9      Petitioners fore and after mentioned statements of facts presented and conclusions
10      made, and that;
11
12   4. Petitioner’s NOTICES; COMMUNICATIONS; AFFIDAVITS of relocation;
13      deteriorating financial circumstance; public assistance participation; advance education
14      opportunity for his son John; corporate and personal family circumstance given
15      throughout a full year before Petitioner’s departure back to his home state of New Jersey
16      for all intents and purposes were ignored; conveniently dismissed; or primary points
17      intentionally avoided by Judge Arthur Anderson of the Maricopa Superior Court, and
18      with emphasis given to and by Petitioner’s own attorney, DeeAn Gillespie and that;
19
20   5. Petitioner’s requests for financial accountability from the court per specific issues such
21      as balancing any current monetary judgment awarded for payment to Mr. Troy Brown
22      with past judgments now put forward for monetary judgment that would equal or be of
23      substantial greater value due Petitioner from Respondent for torts such as; Respondent’s
24      judgment against her on two different occasions of contempt for venue shopping ruled
25      on and handed down on two occasions by both the Maricopa and Yavapai Superior
26      Courts as well as the Arizona Court of Appeals in Petitioner’s behalf have been ignored
27      for monetary judgment and not acted upon for remedy by the court, Ms. DeeAn
28      Gillespie, or any other party excluding the continued request by this Petitioner for
29      remedy so far denied this matter.
30
31   6. Orders to pay fees to a Dr. Lanzalota of Mesa in the amount of $235 were ordered when
32      Petitioner has clearly stated by affidavit filed with the court AT-THIS-TIME while
33      under adverse circumstance from before, during, upon his arrival in New Jersey, and
34      most specifically after the armed abduction of his son John Joseph Burien in direct
35      contempt by local government employees from the city of Eat Brunswick, NJ to an
36      Arizona Superior Court Order per the return of John Burien to Arizona by this Petitioner
37      on or by December 22nd 2005, case DR 2000-090543 in their possession prior to and on


                                        PAGE 3 OF 6
 1        November 23rd 2005; limited and sole income of $135 per month cash assistance and
 2        food stamps to meet living needs provided to this Petitioner “after” his indigent status
 3        verified by the Middlesex County Board of Social Services case number CO 76038-12;
 4        the court from the last hearing of February 23rd 2006, intentionally ignores these
 5        circumstances of Petitioner and says “pay this fee in 30 days”. The before mentioned
 6        facts, by any book of terms, are clear and intentional torts against this Petitioner;
 7        Additionally, Petitioner will bring forward and prove to an Arizona Grand Jury, upon
 8        his return to Arizona the facts that intentional fraudulent orchestration to facilitate a
 9        contempt order against this Petitioner took place after this Petitioner was forced to
10        return to New Jersey with good cause. Petitioner’s Response filed with the court
11        DR2000-090543, dated 02/18/06, Petitioner brings forward here as if stated and shown
12        in full, EXHIBIT (H) there from which further exemplifies Petitioner’s efforts in
13        attempting to have a grand jury from the state of the New Jersey US Attorney’s office
14        convene, but in turn was directed back to Arizona for accountability, and that;
15
16   7. On November 23rd 2005, when Petitioner’s son, John Joseph Burien was for all intents
17      and purposes taken through custodial interference perpetrated against the child and this
18      Petitioner through the false coaxing / coaching of Respondent; a Prescott CPS
19      caseworker by the name of Goldman; and several other adversarial parties, Petitioner
20        when confronted with his son being taken under false pretenses did not yield to an East
21        Brunswick Police Officer for ten (10) minutes when a traffic stop was attempted to
22        facilitate and further said custodial interference, and subsequently Petitioner was
23        charged with “Eluding in the 2nd degree” over “Failure to yield” and he was also
24        charged with having hollow point bullets accompanying his Arizona registered firearm
25        that was in storage within his motor “Home”, a 4th degree charge. During this ten-
26        minute period Petitioner did not yield, the sole damaged party other than Petitioner or
27        his son from the custodial interference inflicted upon them, was to a traffic sign within
28        the Borough of South River, NJ that was damaged and Petitioner has paid the $37.50
29        claim repair cost for that traffic sign, and that;
30
31   8.    The County Prosecutor’s office is pursuing prosecuting the two charges before listed
32        with an intended objective of accomplishing a sentence to and for this Petitioner of five
33        (5) years in the NJ State Prison system. Please see attached Petitioner’s EXHIBIT
34        (INDICTMENT) as if shown and presented here. Petitioner needs to deal with these
35        matters pending in New Jersey for required resolution; of which matters upon resolution
36        greatly bear and are rudimental towards future circumstances; court rulings; and factual
37        matters relevant to future rulings to come before the Arizona courts.


                                           PAGE 4 OF 6
 1           THEREFORE, this Petitioner requires that PETITIONER’S NOTICE OF INDIGENT
 2   STATUS AND REQUIRED STAY PER ANY FURTHER HEARINGS OR ENFORCEMENT
 3   OF MONETARY AWARDS BEFORE THE COURT PENDING PETITIONER’S RETURN TO
 4   ARIZONA OR CHANGE OF INDIGENT STATUS by affidavit be honored by the Maricopa
 5   Court and or Courts of Arizona pending notice to the court from Petitioner and or the Middlesex
 6   County Board of Social Services in New Jersey that Petitioner, Walter J. Burien, Jr.’s indigent
 7   status has been remedied and he is able to return for hearing before the court in Arizona. Petitioner
 8   will be diligently striving for that end. Petitioner wishes to re-attain custody of his son John Joseph
 9   Burien as soon as possible with visitation or custody in place also with and for his daughter Gloria
10   by signed ORDER of the Maricopa court upon his return to Arizona.
11
12   Respectfully submitted,
13
14                     Dated this 22nd day of March 2006.
15
16                              _____________________________________
17                              Walter J. Burien, Jr. - Sui Juris

18                                                 VERIFICATION
19   STATE OF NEW JERSEY            )
20                                               KNOW ALL MEN BY THESE PRESENTS
21   COUNTY OF MIDDLESEX )
22
23             Before me the undersigned authority on this day personally appeared Walter J. Burien, Jr., who
24   after being duly sworn, did depose and state:
25             "My name is Walter J. Burien, Jr., I am over twenty-one (21) years of age, have never been
26   convicted of a felony or a crime of moral turpitude and am competent to make this affidavit. I am the Father
27   in the foregoing affidavit of PETITIONER’S NOTICE OF INDIGENT STATUS AND REQUIRED STAY
28   PER ANY FURTHER HEARINGS OR ENFORCEMENT OF MONETARY AWARDS BEFORE THE
29   COURT PENDING PETITIONER’S RETURN TO ARIZONA OR CHANGE OF INDIGENT STATUS
30   by affidavit and all statements, allegations, denials and attached EXHIBIT (CD) contained therein are true
31   and correct to the best of my knowledge and belief" "..No immunity shall extend to any judge of this State
32   for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law,
33   deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a
34   case, or any deliberate violations of the Constitutions of Arizona or the United States, notwithstanding
35   Common Law, or any other contrary statute."
36
37                                                          , Walter J. Burien, Jr.
38
39   Given under my hand and seal this 22nd day of March 2006
40
41
42
43
44   _____________________________________                          ______________________________
45   Notary Public, In and For the State of New Jersey               Name of Notary - Printed


                                                        PAGE 5 OF 6
 1
 2     Copy of the foregoing NOTICE OF INDIGENCE with EXHIBITS mailed this 22 nd day of March, 2006,
 3     USPS CERTIFIED MAIL # 7005 1820 0002 5395 0883 TO:
 4
 5     Maricopa Superior Court
 6     CLERK OF THE COURT
 7     222 E Javelina Ave.
 8     Mesa, Arizona 85210
 9
10   AND by US Mail above to:
11
12     Honorable Hugh Hegyi
13     Superior Court of Arizona, Maricopa County
14     222 E Javelina Ave., Suite 3-E
15     Mesa, Arizona 85210-6234
16
17   AND:
18
19     Honorable JUDGE Lisa Daniel Flores
20     Superior Court of Arizona, Maricopa County
21     222 E Javelina Ave., Suite 4-D
22     Mesa, Arizona 85210-6234
23
24
25   AND by US Priority Mail to:
26
27     Troy Brown
28     1757 E. Baseline Road, Suite 130
29     Gilbert, AZ 85233
30     Attorney for Respondent
31
32
33   _____________________
34
35




                                                    PAGE 6 OF 6
17 1757 E. Baseline Road, Suite 130
18 Gilbert, AZ 85233
19 Attorney for Respondent
20
21
22 _____________________
23
24




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