Judge Jay Bloom San Diego Superior Court Judicial Malpractice San Diego California

In April, 2016, I was at the 12th & Imperial transit center petitioning the California state petitions directly between the clock tower and Imperial Ave.  I was approached by MTS officer Austin Marshall and told in no uncertain terms that I was not allowed to petition there.  Considering that it's a private property with two or more businesses, and the fact that I was in it's main thoroughfare, I believed myself to be well within my rights and continued about my business.  It was then that Mr. Marshall decided to deprive me of my liberty by placing me "under arrest" while we waited for the state officer to come and issue a citation for my illegal petitioning.  I would like to point out that I attempted to leave no less than three times during this ordeal but was blocked by Mr. Marshall each time.

 

Upon the arrival of the state officer, there seemed to be some confusion as to whether or not a petitioning citation could be issued.  He contacted his superiors by phone and I was then forced to answer a very thorough series of questions before it was decided by the powers that be that no petitioning citation would be issued.  

 

If they had apologized for their actions and gone about their business, I would not be writing you today.  What actually happened was an injustice I will never forget because instead of realizing that I was well within my rights to be there, Mr. Marshall instructed the officer to issue a citation for not having a valid fare even though I was not in a fare zone.  He is well aware of where the fare zones are and only issued that particular citation because he couldn't charge me for petitioning.

 

Knowing that I was wronged, I went to court to fight this nonsense and what Mr. Marshall did on the day is something that just boggles the mind.  The area we were in is not and has never been a fare zone.  Mr. Marshall presented the judge with a close up picture of one of their fair signs and claimed that it was clearly visible.  Seeing as there are no fare signs posted in the area, he could only have taken his photograph elsewhere on the property and presented the court with false evidence while lying under oath by claiming I was in a fare zone all for the purpose of duping a San Diegan judge into convicting me of an infraction I did not commit.  Knowingly giving a false statement while testifying in a criminal or civil court proceeding is perjury according to California law.

 

All claims in this letter are proven in the San Diego Superior Court record case Z551059 and video footage of the area available at https://youtu.be/sEtIUMoHR1M (please be sure to contact MTS and verify that there have never been fare signs there). 

 

I would also like to point out that Mr. Marshall's perjury was the very worst kind.  For example, he didn't lie during a deposition about how much money he has under his mattress with a motive of personal gain.  Austin perjured himself in a court of law for the sole purpose of convicting me of an crime I did not commit.  I think we can all agree that's some seriously evil s**t.

 

The peculiar events at court that question Judge Bloom's competence.

 

If you check the court record, you will find that I claimed the area is unsigned and presented the court with a wide angle photograph showing there were in fact no signs. It was then that Mr. Marshall disagreed and presented 'evidence' to the contrary ( a close up photo of one of their fair signs and I would point out it had to be a close up because if wasn't, the court would have clearly seen that it was not taken at the location).  How could a seasoned judge not notice that Mr. Marshall's photograph had no background and was not evidence of a fare sign in the area in question?

 

What makes matters even worse is that I attempted to explain to his Honor that it couldn't have been a fare zone by making the very good point that no one coming in from Imperial Ave. needs a train ticket to go to any of the businesses on the property.  It was then that he essentially silenced me by saying he was familiar with the area (all in the court record), shooting me the exact smile I mentioned above before lending his ear the the lies of the private security guard.  Although I believe my defense was not inadequate, the judge seemed to ignore my evidence.

 

Fortunately, every cloud has a silver lining and with that in mind, I would like to thank his Honor for waiving the fine but in the same breath remind him that not having to pay a fine for a crime I did not commit is no consolation for being found guilty of it.

 

Actions I have taken since my injustice.

 

• left two messages on Judge Bloom's voicemail at SD-33 and have yet to hear form him.
• Officially notified the court of its mistake by requesting the case be overturned.  They wrote back after a month and informed me that because I didn't notify MTS of my intent, they wouldn't be looking into it.  
• Thought I reported Mr. Marshall's felony to both the San Diego Police Department and the district attorney.  I have since contacted the SDPD and was told that it was not their jurisdiction and I would have to contact the Sheriff.  I contacted the Sheriff's office and was told that because it happened in court, I couldn't file a report with them and would have to do so with the court itself.  I then contacted the court and was told that they don't take crime reports.  It would appear that there is no way for me to report Austin's felony in San Diego County.  What is going on?