Chapter two / my civil actions / page two ?>

Chapter two / my civil actions / page two

Well the notary lady did not bring me envelopes today so now I have to wait another week to file my motions. I am making chapter two a description of all my cases I have filed at this time and why.

Case#1) Gerald Simmons -vs- County sheriff Department-case number 12-CA-874 plaintiffs motion of two claims , one claim of 250,ooo dollars for Cpl. Magners actions of false arrest and a second claim of 250,000 dollars for detective Margate’s actions of prejudice towards defendant by with holding evidence from case number 11-001948-cf that clearly shows my innocence.

COMES RIGHT NOW, Gerald Simmons pro-se and herein respectfully requesting for the motion to be filed in the manner of civil claims court against Collier County Sheriff Department for the amount of two claims totalling 500,000 dollars for reasons as evidence will show –

1) Cpl. Magner showed childish acts of behavior mocking witness Chad Simmons statement of reasons why witness Chad Simmons was carrying his prescription medication and showed rudely behavior of prejudice refusing witnesses statements .

2) Cpl. Magner showed childish and prejudice acts towards Gerald Simmons the accused by refusing to even consult with second eye-witness who was available at that time with in 100 feet of the accused Gerald Simmons’s arrest.

3) I Gerald Simmons pleaded my innocence to Cpl. Magner by saying my brothers statements are true I was only defending my self, Cpl. Magner replied ” it’s to late for that your going to jail ” .

4) For the claim involving detective Margate , Detective Margate refused to accept statements as well the actions of these two officers with held any statements of my innocence from being filed. Even statements from a third witness with confession from the alleged victim himself  (Daniel Green ) saying he is sorry for starting the fight .

5) The incomplete reports filed by Cpl. Magner and Detective Margate actions are clearly acts of prejudice and discrimination .

WHERE FORE, The above reasons why the plaintiff Gerald Simmons claim of 500,000 dollars should be granted by judge of the honorable court as a motion of law in the interest of justice . I Gerald Simmons do pray for justice.

Author comments : When I was being transported to jail and I said to the officer , sir my second eye-witness is right here. He switched hands on the steering wheel and waved at the house as we drove by.

I said officer this will not stand in court , he said ” well for now your going to jail “.

There was no concern or care at all of takeing an innocent man to jail . This is a man who should not be involved with law enforcement at all.

case #2 ) Gerald Simmons-vs-State Of Florida Office Of The Public Defender case number 12-CA-881 plaintiffs motion to file claim of 250,000 dollars against the state office of the public defender in and for collier county for ineffective counsel .

COMES RIGHT NOW , Gerald Simmons pro-se and herein respectfully request for the above matter to be filed in the manner of civil claims court against the state of florida office of the public defender for the ineffective council of Robert Allen . For reason such as :

1 ) Slandered plaintiff to witness Sharon King by arguing to the point of making the statement , maim are you aware he is a convicted felon.

2 ) With held information from the courts that I Gerald Simmons believe to be grounds for mis-trial.

3 ) Failure to consult with me on any court matters and falsely waiving my rights to a speedy trial by lieing to the court by saying I affirmatively agree to the stimulations of continuance with waiver of speedy trial . I Gerald Simmons would not and did not agree to any such terms .

4 ) Robert Allen has done nothing to move my case forward in a timely manner I have been demanding speedy trial for three months.

5 ) Every thing Robert Allen has said to me has been a lie.

6 ) Any actions Robert Allen has taken on case# 11-001948 cf has not benefited me only the state.

7 ) Robert Allen has evidence of false arrest and false imprisonment and has failed to present it.

WHERE FORE , The above reason why plaintiffs claim of 250,000 dollars for ineffective counsel should be granted by judge of the honorable court as a motion of law in the interest of justice I Gerald Simmons do pray for justice.

Author comment : At this time Robert Allen has lied three times in court waiving my rights for speedy trial.

case #3 ) Gerald Simmons-vs-The State of Florida case number 12-CA-880 . Plaintiffs motion for filing multiple claims on the State of Florida for the amount of 500,000 dollars for reasons as follows :

claim #1 ) The filing of information on case# 11-001948-cf was filed on no information of evidence or depositions of plaintiff or the alleged victim . The filing of information on above said case is discriminating and shows prejudice to plaintiff . Nothing but evidence of innocence for the plaintiff has come forward defending the plaintiff . Plaintiff is claiming 250,000 dollars .

claim #2 ) Plaintiff is claiming 250,000 dollars for  making and creating plaintiff Gerald Simmons out to be a felon with acts of double jeopardy .

COMES RIGHT NOW , Gerald Simmons pro-se and herein respectfully requesting  for the motion to be filed in the manner of civil claims court for the amount of 500,000 dollars for false imprisonment and double jeopardy .

WHERE FORE , The above reasons why plaintiff motion should be granted by judge of the honorable court as a motion of law in the interest of justice I Gerald Simmons do pray for justice  .

Comes now a motion filed for the people’s right of being innocent until proven guilty.

civil rights ) Gerald Simmons-vs-State of Florida filed to correspond with case number 12-CA-881

Plaintiff motion to file action on the civil right of being innocent until proven guilty. Plaintiff recognizes this act as, ”  GENERAL FREEDOMS ACT ( THE LOSE OF ) “ . The filing of this motion will protect the people from falling victim to false in presentation from the state accruing from the actions of  law enforcement filing false information . The filing of this motion would benefit the people in ways such as :

COMES RIGHT NOW , Gerald Simmons pro-se and herein respectfully requesting for above said motion to be filed by the honorable court for reason such as :

1 ) The people would have the right to have statements/testimony of all witnesses included in all police reports being filed .

2 ) The people would have the right to have all statements/testimony of witnesses filed to all reports filed by investigating officers assigned to their case .

3 ) The filing of this motion would bring forth evidence of he/she’s innocence prior to being presented to the state for criminal actions .

4 ) The filing of this motion would protect law enforcement from claims of defamation of character , discrimination and prejudice against the people .

5 ) The filing of the motion would protect prosecuting attorney’s/state from any claims of defamation of character ,discrimination and prejudice to the people .

6 ) The filing of the motion would protect the people from falling victim to false arrest .

7 ) The filing of the motion would protect the people from falling victim to false imprisonment .

8 ) The filing of the motion would protect the people from false allegations being filed by prosecuting attorney’s/state .

WHERE FORE , The above reasons why plaintiff motion should be granted by judge of the honorable court as a motion of law in the interest of justice I Gerald Simmons do pray for justice .

AUTHOR COMMENTS : WHERE IS JUSTICE-

This is not public records

1 ) Where is justice when law enforcement refuses to take statements ?

2 ) Where is justice when the state files charges on false allegations of a carrier criminal ?

3 ) Where is justice when detectives refuse to take testimony from witnesses?

4 ) Where is justice when court appointed lawyers repeatedly refuse your demand for speedy trial ?

5 ) Where is justice when an innocent man is jailed for over 6 months to a year without entering a court room to speak on their behalf ?

6 ) Where is justice when state laws are violating our constitutional rights ?

The above are all incidents of what our right of being innocent until proven guilty should be protecting .

Comes now a battery charge in 2004 that was reduced to a lesser offense domestic violence. It was my choice to plead out to the lesser offense me being the stupid freaking loving husband I am did not want to discriminate against my not so loving wife. Not even on our wedding day did I see how much she loved me as I did on the day she stood up in court and defended me for this crap she got me into. But the state would only drop the charges to a lesser offense do to kids screaming in the back ground now with that being said this is now a case of children and families again I can’t say anything with out discriminated my wife. The point of this matter being I was not convicted of battery yet the state used that battery arrest to make this battery a felony that is double jeopardy.

Now comes my evidence of how the state committed this act of double jeopardy against me. because of a commit made by the judge in 24 hour court I had my mother go up to the court house and get a copy of the audio recordings where they talked about me being arrest for the battery in 2004 and talked about charges that were not filed on. The judge says in his own words I’m sure the state can go back and adjust that.

In the 2004 case where I was convicted of domestic violence by my own plea of no-contest. The judge sentenced me as a condition of my probation to do 12 weeks of this 26 week anger management class. I completed my probation as I was court ordered to. I  go up to the court house to get a copy of court recordings to prove I only had to do 12 weeks of the anger management classes as court ordered. Not one word of the conditions of my probation by the judge was on that CD , not one word. I brought this to the F.B.I.’s attention by phone and they said they would not touch it. This is tampering with state evidence by the state and the F.B.I. said they would not touch it.

Now in this case of which I am in jail for now. The CD I have now of 24 hour court there was a woman whispering to the judge loud enough to where you could understand her if you were to play it back. This happened for about 10 to 15 seconds prior to the judge making the statement I’m sure the state can go back and adjust that. The womans whispering is not hearable I do not want to make the statement it is removed but I will say you can not hear her as I could the day of 24 hour court.

I do have claims on the state for creating and making me a felon

 I would like to write a thought on one being sworn in, it doesn’t make you honest. Anyone who swears in to a duty is no different than he was before he was sworn in he/she are either honest or their not. And on another thought they use the bible to swear in. Check out  MATTHEW 5-33-38. Let your answers be yes or no anything other than that comes from evil. Speaking to the point , being sworn in doesn’t mean anything.

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