Kurt's Legal Brief

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Nos. 08-10147, No. 08-10258 [consolidated]
District Court No. 05-cr-00611
UNITED STATES OF AMERICA
Plaintiff/Appellee
v.
KURT F. JOHNSON and DALE SCOTT HEINEMAN
Defendants/Appellants
Appeal From the United States District Court for the Northern District of
California, Honorable William H. Alsup, Judge Presiding
APPELLANTS’ SUPPLEMENTAL OPENING BRIEF1
KURT F. JOHNSON
Appellant/Defendant
FCI Herlong
P.O. Box 800
Herlong, CA 96113
DALE SCOTT HEINEMAN
Appellant/Defendant
FCI-1 Victorville
P.O. Box 5300
Adelanto, CA 92301
Filing Supplemental Brief Pro Se
1 Appellants’ Supplemental Brief is raising additional issues to be considered with the
issues raised in the previously-filed Opening Brief prepared by Counsel. Appellants
continue to be represented by Counsel in all other matters.
ii
TABLE OF CONTENTS
TABLE OF AUTHORITIES……………………………………………….vi
POEM………………………………………………………………………..1
ISSUES PRESENTED FOR REVIEW……………………………………...1
JURISDICTIONAL STATEMENT.……………………………………...…3
STATEMENT OF THE CASE.……………………………………………..2
STATEMENT OF FACTS……..…………………………………………....4
ARGUMENT………………………………………………………………..5
I. THE FRAUD STATUTES ARE VOID FOR VAGUENESS...5
A. The Fraud Statutes Are Void For Vagueness…………………5
B. The Vagueness in the Statutes Permitted the Trial Court to Use
Special Verdict Forms to Find Overt Acts………………..…13
II. THE DISTRICT COURT LOST JURISDICTION WHEN IT
VIOLATED THE SPEED TRIAL ACT…. ………………....14
A. Summary of Relevant Facts……………………………...…14
B. The District Court Violated the Speedy Trial Act………….15
CONCLUSION…………………………………………………………….16
Certificate of Compliance…………………………………………….……18
Circuit Rule 27-8.2 Statement.…………………………………………..…18
Certificate of Service…………………………………………………….…19
iii
TABLE OF AUTHORITIES
Federal Cases
Bank of Nova Scotia v. Kilpatrick,
487 U.S. 250 (1988)……………………………………………..…..14
Black v. United States,
__ U.S. __, 129 S.Ct. 2379 (2009)………………………………...….6
Bloate v. United States,
__ S.Ct. __, 2010 WL 757660 (U.S. Mar. 8, 2010)…………….…….8
Carlisle v. United States,
517 U.S. 416 (1996)…………………………………………………14
City of Chicago v. Morales,
527 U.S. 41 (1999)…………………………………………………....5
Cleveland v. United States,
531 U.S. 12 (2000)……………………………………………………6
Connally v. General Construction Co.,
269 U.S. 385 (1926)…………………………………………………..7
Durlan v. United States,
161 U.S. 306 (1896)…………………………………………...….6, 12
Fasulo v. United States,
272 U.S. 620 (1926)…………………………………………………..6
Grayned v. City of Rockford,
408 U.S. 104 (1972)…………………………………………………..7
Green v. United States,
365 U.S. 301 (1961)………………………………………………...13
Kolendar v. Lawson,
461 U.S. 352 (1983)…………………………………………….….5, 7
iv
McNally v. United States,
483 U.S. 350 (1987)…………………………………………………..6
Papchristou v. City of Jacksonville,
405 U.S. 156 (1972)……………………………………………….….7
Skilling v. United States,
__ U.S. __, 130 S.Ct. 393 (2009)…………………………………..6, 8
Smith v. Goguen,
415 U.S. 566 (1974)……………………………………………..1, 5, 7
Sorich v. United States,
__ U.S. __, 129 S.Ct. 1308 (2009)…………………………………6, 8
United States v. James,
432 F.2d 303 (5th Cir. 1970)………………………………………...14
United States v. Loud Hawk,
474 U.S. 302 (1986)…………………………………………………15
United States v. MacDonald,
456 U.S. 1 (1982)……………………………………………………15
United States v. Marion,
404 U.S. 307 (1971)…………………………………………………15
United States v. Reese,
92 U.S. 214 (1875)…………………………………………………6, 7
United States v. Rodriquez,
553 U.S. 377, 128 S.Ct. 1788 (2008)…………………………………2
United States v. Rush,
738 F.2d 497 (1st Cir. 1984)………………………………………...16
United States v. Spock,
416 F.2d 165 (1st Cir. 1969)…………………………………….13, 14
v
United States v. Thomas,
788 F.2d 1250 (7th Cir. 1986)……………………………………….16
United States v. Whitley,
529 F.3d 150 (2d Cir. 2008)…………………………………………..2
Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc.,
455 U.S. 489 (1982)…………………………………………………..7
Weyhrauch v. United States,
__ U.S. __, 129 S.Ct. 2863 (2009)……………………………………6
Zedner v. United States,
547 U.S. 489 (2006)…………………………………………………15
Federal Statutes
18 U.S.C. § 401(3)…………………………………………………………..3
18 U.S.C. § 1341…..…………...……………………………3, 4, 5, 7, 11, 13
18 U.S.C. § 1344…..…………...……………………………………………3
18 U.S.C. § 1346…..…………...………………………………………1, 6, 8
18 U.S.C. § 1349……………….………………………………3, 4, 5, 11, 13
18 U.S.C. § 2161…..…………...……………………………………………2
18 U.S.C. § 3231…..………………...………………………………………2
28 U.S.C. § 1291………….…………………………………………………3
28 U.S.C. § 2461(c)………….………………………………………………3
Federal Constitution
vi
SIXTH AMEND.……………………………………………………….……15
Federal Rules
FED. R. APP. P. 4(b)…………………………………………………………3
Miscellaneous
BLACK’S LAW DICTIONARY 831 (9th ed. 2009)………..…………………….8
M. Bassionuni, SUBSTANTIVE CRIMINAL LAW 53 (1978)………..…………..7
1
POETIC JUSTICE
Haiku, iambic pentameter, the sonnet are laws for poetry
rhyme and reason can also be binding
regulations upon creative imagination can be legalistic
but realistically can never be considered a judicial finding
Placement and selection of every word does a poem justice
misplacement and mis-selection of legal words does a man
injustice
Though a judge is authorized to regulate
he is bound by separation not to legislate
Imagination seems infinite to the creative thinker
while law seems finite to deal with finite creatures
the opposite is true for law must have an infinite source
or it is just imagination of course
If law is just a collective imagination of the mind
it will not be long before justice is a crime
Appellant Kurt Johnson, Poetic Justice (2010)
ISSUES PRESENTED FOR REVIEW
1. Void for Vagueness: Personal predilections, Lack of guidance, and
Standardless Sweep are all ingredients of a vague statute. The second
principle element of the vagueness doctrine involves the requirement
that congress establish minimal guideline to govern law enforcement.
When the guidelines are absent, a criminal statute may permit “[a]
standardless sweep [that] allows policemen, prosecutors, and juries to
pursue their personal predilections.” Smith v. Goguen, 415 U.S. 566,
575 (1974). Here Appellants Kurt F. Johnson (“Mr. Johnson”) and
Dale Scott Heineman (“Mr. Heineman”, collectively referred to as
“Appellants”) foster the term[s]: “Scheme or artifice to defraud”
permits the government, in this case, to pursue their own predilections
because there is simply no guidance providing a standardless sweep of
unincluded conduct. Take for example 28 U.S.C. § 1346 and the term
“includes” which is followed by “honest services.” When “include” is
utilized, the participle including typically indicates a partial list. Only
2
in the fraud statutes here contain no such list. Instead, the statute
leaves to the government a blank check to add words to the statute
despite the fact that the Supreme Court has recently condemned the
insertion of words into a statute as, not faithful to the statutory text.
See United States v. Whitley, 529 F.3d 150, 157 n.5 (2d Cir. 2008)
(quoting United States v. Rodriquez, 553 U.S. 377, 128 S.Ct. 1788,
1789 (2008)). Overall, the lack of guidance in 'Scheme or artifice to
defraud' allows the government to create an imaginary list of terms to
produce a federal crime with a standardless sweep of facts known
only to the prosecutor. As applied, are the fraud statutes here void for
vagueness?
2. Speedy Trial Act Violation: Did the district court lose jurisdiction to
prosecute this indictment in this case when it failed to observe the
Sixth Amendment as applied through 18 U.S.C. § 2161 et. seq.?
JURISDICTIONAL STATEMENT
Mr. Johnson and Mr. Heineman were charged by superseding
indictment with 68 felony criminal offenses in the Northern District of
California E.R. 211[Docket sheet, entry 14], which is a matter within the
jurisdiction of the United States District Court. See 18 U.S.C. § 3231. On
November 14, 2007, the jury found Appellants guilty of 35 counts. E.R. 19,
DS 525. On March 18, 2008, the district court entered a final judgment after
imposing a 300-month sentence on Mr. Johnson (a 240-month sentence on
the conspiracy count to run consecutively to the 20 months imposed on each
mail fraud count) and a 260-month sentence on Mr. Heineman (a 240-month
1 “E.R.” refers to Appellants’ Excerpts of Record, which were filed with
Appellants’ opening brief. References to the Docket Sheet will be labeled
“DS.”
3
sentence on the conspiracy count to run consecutively to 60-months imposed
on each mail fraud count). E.R. 3-4; E.R. 11–12. On March 18, 2008,
Appellants filed a timely notice of appeal pursuant to FED. R. APP. P. 4(b).
E.R. 1. This Court thus has jurisdiction to review Appellants’ appeal of the
district court’s final orders pursuant to 28 U.S.C. § 1291.
STATEMENT OF THE CASE
By a superseding indictment filed on February 16, 2006, in the United
States District Court, Northern District of California, Mr. Johnson and Mr.
Heineman were charged with 68 felony counts, involving one count of
conspiracy to commit mail fraud, wire fraud, and bank fraud (18 U.S.C. §
1349), 36 counts of mail fraud (18 U.S.C. § 1341), 26 counts of bank fraud
(18 U.S.C. § 1344), two counts of contempt of court (18 U.S.C. § 401(3)),
and three counts of forfeiture (28 U.S.C. § 2461(c)). E.R. 21–63. Prior to
trial, 26 Counts were dismissed by the Government. E.R. 537, G.E.R. 21.2
On October 15, 2007, Appellant’s jury trial commenced. DS 484.
On November 13, 2007, the Government dismissed with prejudice seven
additional counts (Counts 31, 32, 64–65, 66, 67, and 68). DS 517, 513. On
November 14, 2007, the jury found Mr. Johnson and Mr. Heineman guilty of
2 “G.E.R.” refers to the Government’s Excerpts of Record, which were filed
with the Government’s Answering Brief.
4
35 counts contained a special verdict form. E.R. 19, DS 525. In particular,
the jury rendered guilty verdicts with respect to one count of conspiracy (18
U.S.C. § 1349, Count 1) and 34 counts of mail fraud (18 U.S.C. § 1341,
Count 2–5, 8–14, 19–25, 33–34, 38–52) E.R. 19, Special Verdict Form, DS
531. With respect to Mr. Heineman, the Court imposed a 240-month
sentence for Count 1 to run consecutive to the 20-month sentence for the
mail fraud counts, for a total 260 month term. E.R. 11–12. With respect to
Mr. Johnson, the court imposed a 240-month sentence for Count 1 to run
consecutive to the 60-month sentence for the mail fraud counts, for a total
300 month term. E.R. 13–14. In addition, the Court assessed a special fine
of $3,500 and ordered both men, jointly and severally, to make restitution in
the amount of $512,911.63 to the victims. E.R. 7, 15.
On March 18, 2008, the district court entered a final judgment. E.R.
3, 11. On the same day, Mr. Johnson and Mr. Heineman filed a timely
notice of appeal. E.R. 1.
STATEMENT OF FACTS
In Appellants’ Opening Brief, they set forth a detailed statement of
facts. Appellants wish to respectfully incorporate by reference the statement
of facts into this Supplemental Brief.
//
5
ARGUMENT
I. THE FRAUD STATUTES ARE VOID FOR VAGUENESS
A. The Fraud Statutes Are Void For Vagueness
Title 18 U.S.C. § 1341 is void for vagueness. Title 18 U.S.C. § 1349
in that it is a predicated attachment that garners its elemental strength from
other fraud statutes as section 1341 in this case is likewise void for
vagueness. The structure of the argument by circumstance is in the nature of
first impression.
“A penal code is void for vagueness if it fails to ‘define the criminal
offense with sufficient definiteness that ordinary people can understand what
conduct is prohibited' or fails to establish guidelines to prevent 'arbitrary and
discriminatory enforcement' of the law.’” City of Chicago v. Morales, 527
U.S. 41, 64–65 (1999) (quoting Kolendar v. Lawson, 461 U.S. 352 (1983)).
Of these, “the more important aspect of the vagueness doctrine ‘is . . . the
requirement that the legislature establish minimal guidelines to govern law
enforcement.'' Id. at 358 (quoting Smith v. Goguen, 415 U.S. 566, 574
(1974)).
Notice to appellant is not raised because it is understood as likely
being automatic if the second and more important prong of the vagueness
doctrine is satisfied.
6
The government in this case has shown all the symptoms of a lack of
guidance along with the idea that Durlan v. United States, 161 U.S. 306
(1896) is still good law. “The statute is broader than is claimed. Its letter
show this: ‘Any Scheme or artifice to defraud’. . . In the light of this the
statute must be read, and so read it includes everything designed to defraud. .
.” Id. at 313 (emphasis added). Cases like Fasulo v. United States, 272 U.S.
620 (1926), McNally v. United States, 483 U.S. 350 (1987), and Cleveland v.
United States, 531 U.S. 12 (2000) have by now most certainly dispelled this
imagination.
Congress in response to the McNally case, fully enacted 18 U.S.C. §
1346 to further define “a scheme or artifice to defraud” to include honest
services. Whether they accomplished their goal is a question Justice Scalia
thought ripe for review in Sorich v. United States, __ U.S. __, 129 S.Ct.
1308 (2009) (Scalia, J., dissenting from denial of petition for certiorari) and
the Court has now taken up in Skilling v. United States, __ U.S. __, 130
S.Ct. 393 (2009) (granting petition for certiorari); Weyhrauch v. United
States, __ U.S. __, 129 S.Ct. 2863 (2009) (same); and Black v. United States,
__ U.S. __, 129 S.Ct. 2379 (2009) (same).
These concerns are nothing new as far back as United States v. Reese,
92 U.S. 214 (1875) the Supreme Court has recognized the dangers in a
7
vague penal statute. The statutes on this case, as applied, have no more than
a general meaning that permit the government “to cast a net large enough to
catch all possible offenders, and leave it to the courts to step inside and say
who could be rightfully detained, and who should be set at large.” Id. at
221.
The Constitution is designed to maximize individual freedoms within
a framework of ordered liberty. Statutory limitations on these freedoms are
examined for substantive authority and content as well as for definiteness or
certainty of expression. See generally M. Bassionuni, SUBSTANTIVE
CRIMINAL LAW 53 (1978). As generally stated:
The void-for-vagueness doctrine requires that a penal statute
define the criminal offense with sufficient definiteness the
ordinary people can understand what conduct is prohibited and
in a manner that does not encourage arbitrary and
discriminatory enforcement.
Kolender, 461 U.S. at 357. See also Village of Hoffman Estates v. Flipside,
Hoffman Estates, Inc., 455 U.S. 489 (1982); Smith v. Goguen, 415 U.S. 566
(1974); Grayned v. City of Rockford, 408 U.S. 104 (1972); Papchristou v.
City of Jacksonville, 405 U.S. 156 (1972); Connally v. General Construction
Co., 269 U.S. 385, 391–92 (1926) (citing cases).
Section 1346 added “Honest services” as a definite addition to be
included in an absent list with the controlling statute 18 U.S.C. § 1341.
8
“When 'include' is utilized, the participle including typically indicates a
partial list.” Bloate v. United States, __ S.Ct. __, 2010 WL 757660, at *13
(U.S. Mar. 8, 2010) (quoting BLACK’S LAW DICTIONARY 831 (9th ed. 2009)
(emphasis in Black’s Law). “A scheme or artifice to defraud” throughout
section 1346 supposedly clarified a particular elemental category, Congress
categorically ignored the fact that the list they were amending was blind to
law enforcement and that enforcement was left to their personal
predilections to divine a list. What we have is the hypothetical statute
prohibiting anything bad discussed by Justice Scalia during the oral
argument for Skillings operating in reality. See Skillings v. United States,
Oral Argument Transcript, pp 44 lns. 11–26.
“Though [section 1346] consists of only 28 words, the statute has
been invoked to impose criminal penalties upon a broad swath of behavior.”
Sorich, 129 S.Ct. at 1309 (Scalia, J., dissenting from denial of petition for
certiorari). Deputy Solicitor General Dreeben in oral arguments before the
Supreme Court in Black argued that the reach of section 1346 is to any act of
deception for personal gain. Even an employee calling in sick to attend a
ballgame would have been captured by the net of this statute for having
deprived his employer of honest services through fraud. Later in oral
arguments of Skilling, Dreeben changed his position to a more narrow
9
position of fiduciary obligations. In this case the Assistant United States
Attorney Hall (“AUSA Hall”) in direct examination adapting to testimonial
answers took his personal predilections to even a new theory that “honest
services” was now a property interest of the alleged victims.
The moving target of personal predilections free to roam in
standardless sweep in this case are not limited to this one shining example.
AUSA Keller alleges financial institutions as affected and controlling. See
E.R. 323–24 and being defined by the statute. By closing arguments AUSA
Hall has switched victims to “clients.” See E.R. 557, 560, 563. Then
patches up this change with an amalgamation theory. See E.R. 565. AUSA
Martin in closing does some more patchwork roaming on the definition of
financial institutions. See E.R. 655. Then by sentencing the allegations
have completely morphed into unnoticed and unimagined accusation on the
part of appellants by AUSA Martin. See E.R. 705, 726. Even the judge is
untethered by any guidance of the legislature when instructing the jury that
“banks” are simply irrelevant to their decision. See E.R. 665, 666. What is
relevant is really the unanswered question. Is the term “banks” now a
synonym of “financial institution”? Was this a word added to the test that
was faithful or unfaithful? Was it thrown out as a hook to reel in the
personal predilections of the jurors?
10
This case began when the sitting Judge Alsup referred Appellants to
the prosecutors out of a civil matter. Alsup functioning as a one-man grand
jury formulated a theory about Appellants’ conduct that fell easily within his
persona predilections interpreted through this “anything bad” fraud statute.
The FBI did a cut and paste investigation in deference to the rank of the
referral. They had no guidance from Congress to rein in another theory.
The probable cause affidavit of the lead investigator Agent Ernst was 90%
the words of Alsup. Now Appellants are secretly brought before a grand
jury. What was used to inflame them to indict? Were they instructed with
definiteness as to “scheme and artifice to defraud,” “Money,” “financial
institutions,” “Property,” and “victims” or were they seduced into their own
personal predilections being let loose upon the vast landscape of the
“anything bad” statute? Are they any different that the grand juries who
passed on the McNally and Cleveland indictments? From bark to core the
entire process was fundamentally flawed by, unknown to Appellants,
personal predilections. Which predilection was controlling and which
required a justified defense still remains a mystery to Appellants.
Throughout these proceedings Appellants were constantly informed by
various judges, magistrates, and prosecutors that “facts don't matter.” It was
not until absurd sentences were cast that Appellants could comprehend the
11
veracity of that statement. Facts don't matter because in the indiscriminate
net and trolling advantages of the government afloat upon the sea of process
can sell their haul to the appetites and predilections of any juror, law
enforcement, or judge out of the void unaddressed by Congress.
Title 18 U.S.C. §§ 1341 and 1349 as presently drafted and construed
by the courts, contain no construed by the courts, contain no standard of
determining what constitutes a scheme to defraud, or for that matter any
element applicable here that makes it a crime. As such, these statutes vest
virtually complete discretion in the hands of law enforcement, federal
prosecutors, and jurors following their personal predilections.
The problem with the lack of definiteness is not the missing
definitions per se but that due process cannot be obtained out of the
vagueness because law enforcement has not been able to implement any
standards of review that assure congressional intent governs. The courts
cannot continue to be asked to function as a piecemeal federal register where
each ruling clarifies another predilection false as an element of public policy
and procedures.
“Money”: credit is the postponement in payment of money, money
factually cannot be the postponement of itself. Is money a separate interest
and prong distinct from 'property' in this statute or are they merged?
12
“Financial institutions”: is a bank a financial institution under all
circumstances and in all forms? Is a ban the limiting definition of a financial
institution within this statute? “Property”: having qualities of tangibility
and transferability being in the possession of the victim can now become
intangible or another victim's? “Scheme or artifice to defraud”: is
Durland's everything bad interpretation the definitive guideline offered by
Congress? “Loans-mortgages”: are they a property interest, a money
interest, or added in a way faithful to the statutory text? “Debt elimination”:
finds its way into the prohibition textually or by predilection?
Regardless of these answers Appellants are basically foreclosed from
presenting any other arguments by the lack of guidance supplied by
Congress through these statutes. With not textual foundation from which to
launch fatal variance or constructive amendment to the accusation and
indictment how does one proceed? Where is the footing for causation and/or
reliance? Where does one stand on evidentiary issues and their sufficiency
when proof is packed upon a wandering dromedary in the parched desert of
predilection? Can one even ask if the 2002 amendment to this statute adding
financial institutions and disaster relief added new elements to create say an
“aggravated” mail fraud if the original statute fails to state an offense? Is
this statute a glorified run on sentence elucidating an overt act of use of
13
mails to some fraud crime not listed? The problem for Appellants is a twoedged
sword. On one side a very powerful and resourceful government is let
loose ungoverned to entertain its imaginary whims and equally sharp
Appellants are likewise unguided by any notice of prohibited acts,
governmental restraint, or accusations to defend. To raise any of these
arguments would be a circumvention and couched argument for vagueness
so they have all been laid subordinate to the over arching problem in this
case. Sections 1341 and 1349 fail to govern law enforcement or to provide
reasonable notice to an accused.
Regardless of this Court's ethical or moral assessment of Appellants
garnered from this record it should be noted, that “bad men, like good men,
are entitled to be tried and sentenced in accordance with law.” Green v.
United States, 365 U.S. 301, 309 (1961).
B. The Vagueness in the Statutes Permitted the Trial Court to Use
Special Verdict Forms to Find Overt Acts
It is Appellants position that vagueness in these statutes permitted the
trial court to create a procedure that does not exist in any statute, special
verdicts. Special verdicts pose a serious risk to criminal defendants, they
lead the jury through a “step by step . . . progression of questions[,] each of
which seems to require an answer unfavorable to the defendant, special
verdicts can coerce a reluctant juror to convict.” United States v. Spock, 416
14
F.2d 165, 182 (1st Cir. 1969); United States v. James, 432 F.2d 303, 307
(5th Cir. 1970). In fact, even though no federal court has “the power to
develop rules that circumvent or conflict with federal rules,” the vagueness
and lack of guidance provides the court in this case a way to circumvent
these decisions. Carlisle v. United States, 517 U.S. 416, 426 (1996); see
also Bank of Nova Scotia v. Kilpatrick, 487 U.S. 250, 255 (1988).
II. THE DISTRICT COURT LOST JURISDICTION WHEN IT
VIOLATED THE SPEED TRIAL ACT
A. Summary of Relevant Facts
Appellants were each taken into custody on related charges from the
State of Utah. Mr. Heineman on May 28, 2005 and Mr. Johnson on July 21,
2005. It is the position of Appellants that this state prosecution was a ruse
for mere tactical advantage for the Feds to take Appellants out of their
liberties while the motions to indict moved too slowly for the prosecution.
On September 22, 2005 a federal indictment was passed and made public
upon Appellants, and a federal detainer placed. At that time Utah's
usefulness had passed and an agreement with federal prosecutors was made
to have the state case dismissed on October 20, 2005. On that date at the
unction of federal prosecutors, a 60-day continuance was granted and the
case was dismissed on December 20, 2005. Appellants were now placed
into federal custody. On December 22, 2005, Appellants were taken before
15
magistrate Samuel Alba in the Utah District. Appellants have never left
federal custody since entering it. On or about February 9, 2006, Appellants
appeared in the Northern District of California where the indictment was
passed. While in court on February 17, 2006 a superseding indictment was
passed, made public, and served upon Appellants. 27 counts of the
indictment in final relativity carried forward. The first appearances before
any officer of the court that made any exclusionary finding upon the record
was Judge Alsup on March 3, 2006. A period of 74 days from the latest
attachment to the Sixth Amendment guarantee.
B. The District Court Violated the Speedy Trial Act
The Supreme Court has held that the Speedy Trial protection is more a
promise to the public than to the individual and therefore cannot be waived.
Zedner v. United States, 547 U.S. 489 (2006).
Where that right attaches to the individual has clearly been determined
to revolve around the deprivation of liberty interest. United States v.
Marion, 404 U.S. 307 (1971); see also United States v. Loud Hawk, 474
U.S. 302, 312 (1986), United States v. MacDonald, 456 U.S. 1, 8 (1982).
For Appellants that is December 20, 2005. But this right is not a precise
right that cannot be applied without some balance of the circumstance.
Though 74 days passed between federal custody and the first exclusion it
16
could be reasonably argued that the behavior of the federal prosecutor in
obtaining the 60-day extension before dismissal of the Utah charges did so
in a way that was a prejudicial circumvention of their duties and obligations
under the Sixth Amendment. Leaving behind whether the entire Utah case
was a puppet and master ruse to circumvent many rights and due process.
No motions were presented by either side during this period and to
Appellants’ knowledge no actions that would qualify for an automatic
exclusion transpired. This Court will find from the record that no exclusions
were made upon the record during this time frame in accordance with policy.
The 27 counts that were carried forward from the indictment to the
superceding indictment were not prosecuted within the protection and
provisions of law. The superseding indictment did not exempt the
government from its obligations at law to bring appellant to trial in a speedy
fashion. See United States v. Thomas, 788 F.2d 1250 (7th Cir. 1986), United
States v. Rush, 738 F.2d 497 (1st Cir. 1984).
CONCLUSION
The speedy trial protections of the Sixth Amendment were violated in
this case through no fault of Appellants. It is not their right to waive and the
burdens are clearly to be borne of the government. The 27 counts carried
forward should be dismissed in accordance with law. With or without
17
prejudice a product of this Court's discernment. The error is structural and
requires a dismissal and vacation of the relevant sentence.
The void-for-vagueness doctrine as applied in this case is fundamental
in that it completely undermined due process at every single stage of the
proceedings. The integrity, fairness, and confidence in the system was
always impaired, marred, and circumvented. What transpired in this case
shocked the conscience of reasonableness while pricking every restraining
barrier offered by the canons of constitutional avoidance. The convictions
should be vacated and Congress should be put on notice that they must speak
with clear guidance for law enforcement's benefit and for proper
adjudication.
In the end this court can separate the justice poetry can bring to words
and the justice words can bring to the law. In poetry the imagination is a
friend, at law predilections are a specter of injustice.
Dated: April 6, 2010 Respectfully submitted,
/s/ Kurt Johnson
Defendant-Appellant
/s/ Dale Scott Heineman
Defendant-Appellant
18
CERTIFICATE OF COMPLIANCE
We certify that: Pursuant to Fed. R. App. P. 32(a)(7)(B) & (C) and
Ninth Circuit Rule 32-1, the attached opening brief is proportionally spaced,
has a typeface of 14 points or more, and contains approximately 3,860
words, exclusive of the table of contents, table of authorities, and certificates
of counsel, which does not exceed the 14,000 word-limit.
CIRCUIT RULE 27-8 STATEMENT
Mr. Johnson and Mr. Heineman each filed a writ of habeas corpus in
the U.S. District Court, Northern District of California. The district court
denied Mr. Heineman’s habeas petition in case number 08-02462. Mr.
Johnson’s petition is still pending in case number 08-02461.
Mr. Johnson has not sought or received any bail, remains in custody
of the United States of America, and is located at the federal detention
facility in Herlong, California.
Mr. Heineman has not sought or received any bail, remains in custody
of the United States of America, and is located at the federal detention
facility in Adelanto, California.
Dated: April 6, 2010 Respectfully submitted,
/s/ Kurt Johnson
Defendant-Appellant
/s/ Dale Scott Heineman
Defendant-Appellant
19
CERTIFICATE OF SERVICE
I declare that I am over the age of eighteen (18) years and not a party to
the instant action. I am in good standing with the Ninth Circuit Court of
Appeals, the State Bar of California, and the State Bar of Oregon. My work
address is 1300 Clay Street, Suite 600, Oakland, CA 94612 and 256 Cajon
Street, Suite H, Redlands, CA 92373.
On the date-listed below, I served one copy of the attached document,
entitled Appellants’ Supplemental Opening Brief to the following
individuals:
Laurie K. Gray, Esquire, Assistant U.S. Attorney
Brigid S. Martin, Antitrust Division
450 Golden Gate Ave.
San Francisco, CA 94102
Email: laurie.kloster.gray@usdoj.gov
Email: brigid.martin@usdoj.gov
[ xx ] BY ELECTRONIC SERVICE. On the date listed below, I filed a
copy of the attached motion with the Court using the CM/ECF system. The
parties above who are registered CM/ECF users will be served by the
appellate CM/ECF system.
I declare under penalty of perjury that the foregoing is true and correct and
that this declaration was executed on April 6, 2010 in Redlands, California.
/s/ Kari Hong
LAW OFFICE OF KARI E. HONG
Appointed Attorney for Appellant
Dale Scott Heineman

A Father's Love, 12/3/09

I have the distinction of being the father of three children who neither respect or love me. My eldest son is Ethan Wade, my Daughter Shannon Michelle, and my youngest son Sean Travis. Life has been cruel and I did not have much time in their lives. Ethan was 3 1/2 when his mother moved away. After that my involvement can be measured in days. They probably have spent more time playing video games that with me. Sean came on this blog over a year ago to spit his venom and hatred. He is very ignorant of the events that have hurt him. Still, a father's love has not changed. This tragedy in my life has caused me to understand my Father God much better. My children reject and hate me without cause. Though I have a wealth of love for them, they run from it out of foolish pride. Even their sins do not move my heart to condemnation. Always do I desire the best for them. I am not troubled by their rejection, I am troubled by their pain. Though they can justify the rejection by their belief that I don't love them, factually this is a lie. Even the pain I experience from their behavior I do not charge to them. There is a special gracious standard applied to them that I don't apply to those who aren't my children.

I know there are only shadowy experiences in light of the revelation they lighten upon, but God is kind in using them as such. I have not always been a child enamored with my heavenly Father. Many times I have brought false accusations, misunderstood, and rejected Him. I have used my pain as an excuse to run from Him instead of to Him. Fortunately His lover never changed and His grace never brought a charge against me. In fact, every provision has been made to restore me to relationship. He is my example of a good father and I have too many examples of rebellious children to ever grow weary of thanksgiving for a Father's love.

The Call to Promise, 11/30/09

I wonder at the lack of faith in a man's heart. It is so easy when we are cast down to doubt our future. Also, to look upon others in desperate straits and to have no hope, even gloom imagined for them. That phrase "misery loves company" comes to mind. What a miserable lot we creatures are.

When I read the Word or converse with God, I run into a direct confrontation with a truth that opposes this spirit within me. To those who know not God this appears a vain optimism. To those in the know it is the everlasting arms reaching below your troubles to raise you to your promise.

Israel at the time of Isaiah was in terrible shape. They were pummeled on every side and without an inner hope. To this heart God speaks in Isaiah 51 six calls with their corresponding comforts. The underlying theme being, "I formed you out of a miracle (Isaac's birth), can I not restore?"

I know my call from death to a new birth was no less a miracle. Can I not be restored? Even if I were the evil man portrayed by my critics would by hope in Christ be in vain? Consider the evils Israel practiced for generations before they were destroyed by their lusts. What contempt they showed upon their beloved. Still with shameless love, He calls and reveals the blessings of a relationship with Him. Your ridicule seems to defy the character truth about the God you claim to know. Wouldn't my restoration to God be the best hope of justice? I know with me that Alsup's coming to know Christ and His character and to become subject to Him as master holds the most promise for me being restored out of his injustice. It truly makes sense to love our enemies and to pray for them. Hatred and desires for vengeance only show a lack of God's power and grace.

I am getting to an age where people I love are dying and going into eternal damnation. This is a sobering time. All the diversions and waste of time in one's life quickly add up into a taunt and rebuke. Nothing in this life has the value of one soul and yet souls are perishing all around us.

Dorean on the surface can be about economics, fraud and truth, or even hope, or vanity. But to me I find myself bound to a course of action that I envision having eternal import. Showing by my life the character of Christ by following His lead will be a revelation to some that changes the direction of their soul. It is a mystery why Christ can be so openly displayed and yet remain veiled to the majority. But to those to whom He reveals Himself, what a fountain of life! For you, for your soul, Christ makes his demands upon me. Am I injured by the cost of your witness? Most certainly not! Christ is a debtor to no man. He gives me Himself which is the comfort promised throughout the scriptures, including our text. It is the example with countless others that the promise made to your souls are true. God can and will restore to you more than you could ever lose. Do you hear the call to the promise?

The Naked Truth, 11/29/09

The apparel of blessing adorns me
though I am willing to be naked before you
All I possess is a gift of your grace
yet all I desire is to see your face.

Stripped down now without a regret
I only oppose for one single reason
Men must know that you are changeless and true
that whatever you speak you will do.

This prison can't hold me though I willingly stay
I could enjoy my life living this way
Only your promise bids me to leave
and its fulfillment just cause to believe.

For your glory, honor and praise I'm only content
when the way you prophesied it is the way it went.

Timeframe, 11/28/09

The schedule for the appeal court continues to push further into the future. The prosecutor had until December 6th to answer the original brief. The supplemental brief is due in January. Their response brief could chew up another 90 days. Once briefing is final, then they will probably go to oral arguments in another 60 days. A ruling generally comes down within 4-6 months but could take longer if complicated. Best case scenario looks like a ruling about October or November. There are 3 Supreme Court cases on this current calendar which most likely will be ruled on in the next 4-6 months. Each of these will clarify that the judge and prosecutor did not have the power they practiced upon me. We knew this back then and so did they, but rarely do they have to answer for their actions.
When I was a boy of nine I got caught shoplifting. In reality, I was more upset about the ramifications than the act. Stealing is wrong and an honest heart would be hurt by that violation more than just by getting caught. If I remained as morally foolish as I was at nine, what kind of man would I have become? The answer is not good, but even worse as there are at least two professions who seek and reward this immoral person. They may feel bad for getting caught, but none will be repentant. Adults as incompetent as children... what's the world becoming?

Beseeching (1-3-10)

The wrath of God used to run hot but times have changed. Though God is changeless the relationship with Him has changed. All relationships are not static but in constant flux. When speaking to Moses about the idolatrous nation God was angry yet soliciting Moses to beseech Him for mercy. (Es. 32 : 11,12) This situation after Christ can no longer exist because God's relationship to man had changed.

Still there is room for beseeching but of a very different breed. Mercy is a given having been completely dispensed through Christ. God's wrath no longer is enraged having been settled in Christ. Christ told us to ask the Father in His name. What is left to ask for since all provision has been supplied? To this I would answer opportunities of execution to be fulfilled. When we come upon sin Christ can address it. When we come upon sickness and death Christ can address it. When we come upon poverty Christ can address it presently with His completed work by a current body executing His power through faith.

Christ can touch on His own but using us as a conduit is beneficial to both parties. We take on His character and love and He receives a special glory from this exercise. It is part of our invitation into His life. A life to sweet for words. Greater in loving kindness than any imagination. So I beseech you brethren to trust the Lord to execute Himself through you at every opportunity.

The Red Carpet (12-30-09)

Red carpets are used to usher in guests of honor. This type could never be more true than for the Sons of God. One thing is clear about God's love is that it is stained with the shedding of crimson blood. Anyone who has had the privilege to be an invited guest has walked upon this precious treasure of a carpet satiated by an immeasurable love.

Though the course of this gauntlet called Dorean has been precarious my feet have ever been guided by this honor roll laid before me. Direction was enhanced from the certainty of His word to the Absolute of His love. It was impossible for me to get lost in this trial.

As a father one could only hope to prepare their children for life with such a confidence and understanding of love. It is true perfect love cast out fear. No matter the dangers feet standing upon such perfect love cannot falter or become concerned. the witness of this love forever settles that it is superior to any threat and soothes by its existence.

Dorean began for me by a promise. A promise larger than my life. I had to stretch and grow so I launched off with a 17 day fast. Jail was the next major change so I launched off with a 40 day fast. The trial was next so I constantly fasted. A 25 year sentence was the next stage so I fasted 21 days. Now as I write this the path of this carpet makes it clear that what all this expansion has been leading up to is right before me. The man called to exit this trial is a greater man than the one who entered. I do not boast of my fasting but since God chose to make my life public I choose to use it publicly. This current fast which will be completed by this post was to expand my intimacy and to allow myself to walk naked as it were through the transition made obvious by this course of love. God's plans definitely want me to be made a treasure of His love to all of you. I see a red carpet being laid out for all of you and to this I want to be a party.

The Atlas Colony - 11/27/09

This story comes to me of myth and legend. As to the historical truth, I have no way to verify, but as to the truth taught by the story I am convinced.

There was a great leader in a colony of ants whose name was Alsup (mere coincidence). He was a judge considered very wise and authoritative. All the ants revered his opinion. He reasoned one day that ants as a species were too divided and that under a unification, they could dominate the world. The key was to inspire all to a hope of gain. "It is true that we ants are of all creatures the greatest in number and in strength," he began his speech. "I am convinced if we united in a common goal nothing can stop us. Even God would take notice of us and we can change our station. No longer shall we be viewed as the insignificant, but as a will that must be recognized. I believe if we combine our strength and numbers to move the continents, who could stop us?" One of the other leaders interjected, "Did man not attempt something of this import with the Tower of Babel?" "Our plan is not the same; they wanted to become God's master and we only desire to become our own and to convince God by our feats that we are worthy of a status change. They are weaker than us physically and in that their wills cannot remain unified as ours. My proposal is that we all migrate, under earth to avoid detection, to the San Andreas Fault just north of Simi Valley. There we will use all our combined strength and effort to push the continent apart. We will push west until a new continent is formed and dominated by us. Men will fear and respect us because they will recognize our power to change their lives. God will see all we accomplished and treat us as we deserve."

God did take notice of their pride. Their plan were stealthy to every other creature. Soon all were amassed into what became known as the Atlas Colony. With one accord they began to push west with all their might on the west side of the fault.

In the heavens God was seen laughing at their foolish endeavor. An ant was in the station of being an ant based on superior will and knowledge they could never comprehend. They were not the first creatures to proudly make demands upon God, nor would they be the last. God laughed, but was also offended and decided a course of action. He commanded that the fault part.

On earth, or in earth I should say, the movement was immediately assumed a sign of success. A great cheer went up. The ants were changing one of God's laws and He would honor them for their joint efforts. The earth moving caused more than half the colony to fall down into the new crevasse. It was no issue for the ants who were master of this domain. They simply remained pushing from their new location. At that time, God commanded the fault to close. Violently and rapidly it closed, crushing all that fell within it. A horror shook the colony and destroyed their resolve. Alsup was forever shamed and the ants swore never to join their colonies again.

God laughed because His laws are irrefutable and irrevocable and because every attempt to annul one is as insignificant as the proud ant. Regardless of the humor, justice will always prevail and those who want to put the world on their shoulder will never avail. On earth a small quake was felt but in heaven only the rumble of laughter.

THE FABRIC OF AMERICA (1-23-10)

Gossamer and lace curtains lay placid

slightly toasted from years of denying the sun

This was a secret room

and what took place here could not come to light



Washington was a buzz

but there was no fresh breeze

that could carry a butterfly or a whisper

Nothing to pierce or match the barometer

of the stale and guilty air within this room



Connected to halls of justice

to halls of congress, to halls of administration

but completely removed from the public

the assembly was banished

No mention except for the sting and twitch of shame upon a brow

or the blush of deceit, perhaps the snickers of the cabals

They would die slowly but they would die none the less



Ladies, fiduciaries, trustees know by name and deed

Madam Mercee, Lady Liberty, justice, Truth, Respect

each now with twisted, gnarled hands bent from endless nurturing

and hair made silver with the spinning of concern

The fabric of America was their endowment

Like the Queen of Hawaii they would quilt a record

of the intrigue and death of sovereignty



This testimonial tapestry would weave their indictment

square by square they would tile their complaint

there would be moments to darn the democracy fraud

and stitch by stitch they would thread the failed dream

On occasion knit the knots of hypocrisy and babel

until the fabric of America was folded into this quilt of the lost Republic



This was not a perfect quilt in form

but in substance made perfect with blood and tears

a final gift to be put away in the cedar hope chest

of the scorned betrothed whose vows were never consummated

wounded, abused, and hated, perhaps someday she'll be comforted

by this quilt of the lost Republic and remember the joys of real love

and find a legitimate suitor properly suited

in the quality fabric that made the fabric of America great


These ladies were dying with no family left among men

their names were used with no memory of their being

mere cameos of language for the shadows of speech

Their life would be sown into this parting gift

and their memory, their history, left for just one woman to resurrect.

Worldview, 11-20-2009

Many of you think my talk of Christ irrelevant to the Dorean plan or outcome. I this blog, I am expressing my worldview. Your worldview is that collective view that shapes your character and your entire frame of reference to life. It is the set of rails your will runs upon. Our nation was formed by the worldview of deists. The revolution could not have occurred and our Constitution could have been written by another worldview. The world no longer accepts this worldview and has fallen into naturalism or post-modernism. Both embrace science as the educator and only source of truth. Relativism varies slightly between the views. These worldviews are shaping every important aspect of our culture. The Christian worldview which has absolutes inherent within it rebukes these other worldviews as false. False is not an attribute of the other worldviews. Under these views Alsup has no accountability nor do the lenders. The cultural norms of accepted practices are the laws of the moment. Lenders to not have to be lenders in a classical sense are only so in name and function. Truth doesn't have to be truth in a absolute classical sense, but only relative to its functionality.

I would think learning that my will has been bound by absolute moral certainties in a classical sense in the development and execution of Dorean would give you hope. Your moral expectations are based upon what? What is your worldview? Do you believe absolutely that one should not steal or lie? Where do you obtain these absolutes? If they are absolute, can you give license to economic, political, and judicial institutions that differ from what you hold your neighbor and yourself to? You call me a liar and a thief. Okay, what of the lenders? Do they pass your absolute standard of honesty? How about the prosecutors and courts who use relativistic rhetoric to establish truth instead of investigation to uncover real truth. Do you hold them accountable to their judgment?

Why do you not delight in the fact that I lay life down for the battle for truth and have a worldview that makes truth important? Would you rather have trustees with the popular worldviews that make functionality the basis of choice? What choices would I have made already with this view that would have offended your absolutes? I tell you this truth; it is better to have men with this Christian worldview as your trustees in this epic battle than any other option, bar none. So stop complaining about my religious talk and analyze how it benefits you. Then pray the Lord strengthen your servants and your cause because it is true in a world of falsity.

A WEEPING WILLOW'S WHISTLE

I am the unbred poet

with no pedigree to boast

fresh as the green twig

that whistles before it stings



You recoil from the thrashing

though there may be correction in this rod

while the stupor of complacency

thickens your skin



An iron will rusted into corruption

ignores the common element

that flows in the veins

of dogs and their masters



Thrones and robes of hypocrisy

proclaim benevolence for all

while misanthropic hearts beat red with envy

for the last hope of the common slob



Justice a mere dance of folly

law a weapon of deceit

morality a path for wandering feet

and an ass the seat of power



Where are the children who shed tears

who heard the whistle and felt the sting

have they outgrown the truth

Hide and Seek (11-1-09)

One of the great things about the God relating to man is His steadfast traits by which we come to know Him. One of those He consistently displays is His hiding Himself from mankind in general and revealing Himself to those who seek Him. It seems to men that if God really existed He would make Himself known by obvious display. There should be signs and wonders even a dullard couldn't miss. Was not the cruxifiction crowd to this sort? All men of this character claim that if God would display Himself they would surely serve Him. Why then does God hide with such professions of promised loyalty? Men don't know their own heart. But I would ask this question; "if God can be found by seeking Him why is it that you demand He comes to you?"

When I think of miracle, signs, and wonders they are not very unusual to those whom God reveals. Yet they can occur right before the unbeliever and they will not see it. I've also wondered at why God does not deliver me with spectacular power when He easily could? Then I learned something of the answer when studying His hide and seek in history. Hang in there I'll get to the Dorean relevance soon.

The Jew has displayed a zeal and integrity to God's word throughout the Nations and generation. Their witness is established and confirmed. Yet the very word they so vigorously defended spoke of their rejection of the Messiah and them becoming God's enemy. Now in human logic I would want my friends to guard my record. They would be generous and prejudiced to my most positive attributes. But God is far more clever. When the enemy who has established a credible record reveals you even though they deny you God has revealed Himself in such a way that cannot be denied, reveals Himself, and yet veils Himself to the non-seeker.

When I overlaid this style of God with the Dorean circumstance I managed to see a repeat. The wicked courts have an establish reputation of keeping a true record. Only few really know of their tamperings. But in our case like the Jews their goal is to hide the truth. Yet in the very actions they took to deceive they have preserved the truth. I got excited when God showed me He was sticking to an old pattern. No one would believe our record because of our self-interest. But when our enemy with the verified record documents suddenly truth is measured on its own. Of course it may still take a seeker but it will be in plain sight. The pattern of God did not call lightening boltz from heaven to smite the wicked judge so all men could know what was right by a sign. Instead he offended the wicked judge with a feeble truth presented by weak servants absent any power or verification outside the God he denies. In addition He'll use the wicked judge and his record to reveal His truth to the seeker. It's funny, clever, and beyond human skill. Even more ironic is the wicked have a sign and wonder of hide and seek to prove God but remain oblivious, even to their participation.

This revelation helped me make sense out of some of the exchanges between Alsup and myself as well as his fuming hatred for me. I had to chuckle a bit at God's advantage. Also it is easier to settle into peace when you see the long tough road is the brilliant path of your master. I can boldly say that God used this truth to edify my other prophetic thoughts. We will prevail in a fashion for too spectacular for Scott and Kurt to pull off but a great revelation of God's providence. Perhaps I'll be able to share more detail later.

The Work of Patience (10-29-09)

The scriptures say tribulation worketh patience. At first glance this does not seem like an adorable promise. Yet I have a continual if not lingering proof in my trial that these words are true. There is something in the human psyche that gravitates towards comfort, resolution, and peace. No matter how obvious the hand of the Lord is revealed working to my good in trial I crave its end. Whether another 90 days or longer the delays rub me the wrong way. But patience is an excellent companion to bring alongside your faith. For faith which has inherent within it a trust muscle needs the endurance supplied by the aid of patience. As creatures of limited sense it is very easy for us to misinterpret God's ways and nature. We pray with eyes closed and expect our prize displayed before our eyes as soon as they open. Mostly this infancy is rare yet we'll doubt God and shipwreck our faith in an instant. God is very kind to move us beyond this self-centered toddler mentality. Through His patient work and situations that anchor us to a hope in Him we are dragged by patience to the faith obtained promise which ultimately exposes our doubts a fraud. It is a sharp edge that cuts to the very morrow of our being. It is where wheat and tores, sheep and goats, we divided. But all harvest is obtained by patience. Fight it or fight yourself because tribulation worketh patience.

Waves of Trouble

I have noticed a truism in my life. Troubles seem to come in waves. I wonder if this is a spiritual ploy proven effective at causing uncertainty which tempts doubt. human fortitude and hope can handle a direct assault, but faith seems to be the only thing that can handle the escalation and perpetuity.

The trigger that appears to be the catalyst to these waves of trouble is God's promise. Some new revelation is made known to you and the robber takes notice. One story that encourages me from the Scriptures is Joshua's early days in the promised land. When Achan sinned they lost their battle. Immediately Joshua prayerfully impugns God's character. Funny how our first thoughts are not to question the possible variables which are all human. Faith logic would deduce God promised victory therefore it must occur. Failure cannot be a question of God so it must be error. I have behaved just like Joshua here too many times to count. Once he recalibrated the waves increased. Yet this correction was very helpful. He was now in faith and the waves ultimately were an enhancement in that they brought abundance and swiftness to the promise.

The federal government is styled like that of its father. They persecute and prosecute in escalating waves. But God has not changed nor have His promises grown slack. He still uses waves of trouble to bless the faithful. So when the surf's up, lift your chin up because you are headed for your blessing.

Garden to the Grove (10-25-09)

Our beginning was in the garden where our father Adam lost himself and the whole human race. We betrayed the fellowship and friendship offered by God. The philosophers say that this character flaw can be cured by knowledge. Yet thousands of years later in a garden God offers fellowship again to humans who for ignorance of their danger and universal in their desertion leave God alone. Choosing slumber as their only comfort. In this garden of agony the friends slumber while the enemies are wakeful. Surely Jesus will be in agony until all his friends are awakened and all His enemies are put to rest. Even in His agony this was the love He showed His friends. While they slept even in the nothingness before their birth and in their sins after their birth; Christ wrought their salvation and not theirs alone but all righteous who are His friends.

From here He walked to wounds and death. Alone for friends unworthy to be called such. Yet in healing Himself He healed His friends. I am disappointed by my friend but how much more have I slept during my best friend's desire to fellowship in His agony. There is ample grace for all sins.

Christ's enemies did not cease to persecute Him until He lay in the grave. Nothing has changed. His enemies today will do the same to Christ in you. He did not bring peace to this world but emnity. The garden with all its agony must die. Only after the resurrection will we be allowed to investigate these wounds as Christ displayed in type. Then we will know true friendship and understand what a friend we have in Jesus.

I share this with you because I see so little confidence or understanding of this relationship in your comments. No fears can be justified or hopes disappoint. Our powerful friend has all means and manners of love for us. He shed tears, blood, pain, and life to assure our well being. Now that's a friend you can take from the garden to the grave. Shalom.

Friendship (10-27-09)

I have (had) a friend, though not certain of our status, whom I held dear. This was a relationship of decades. Without complaint I can say that this life trial for me was a gauntlet for my faith. Naturally I craved the support and understanding a friend would provide in the midst of the pummelling of my person, integrity, and reputation. To date I have received none of this except one token notice. This was (is) a tremendous shock to one's soul. New questions arise in re-examination of all the confidence building moments that shored up the friendship. What is the basis of a solid friendship? At first glance it appears agreement; one coming alongside saying I see it like you do. But real friendship has to go deeper. There must be a true love for the other. Agreement keeps friends for selfish reasons. Sure I have selfish needs met by friendship but it is too shallow to be a true friend. Love will remain loyal even without agreement. The wound wants to cast away this friend yet the friendship refuses. To be a true friend one must survive even betrayal. Jesus is a great friend. It is because of Him I have found the courage to not only be a trustee but a friend to you clients. Many doubt this claim but that wound will not cast you away. I will prove my friendship was of love when you discover I chose you over myself. That is Christ's way and I am infected by it. Because of that Dorean will take a certain destined course. For friendship sake it must.

Change (10-27-09)

It appears the "law" is catching up with Dorean. There are current two cases before the Supreme Court this session that could overturn my conviction. Also more and more "lenders" are having their fraud exposed in court cases across the country. There is an example in the book of Ezra where the work of God was derailed by political powers. In time though God converted this evil and jealous machination into the very gift of liberation. Then those who thwarted became the agents of provision. This is God's way and those who knows it are at peace until time delivers.

Is this religious rhetoric or a statement of a fact? You be the judge but judge your self wisely in your determinations.

My appointed lawyer is quitting the game. This is another example of time validating a fact. She quit before she even started. If I gave no concern for the subject matter I can assure you she would have been successful of confirming the conviction as her farewell to an incompetent career. Many judge my morals but perhaps I am not the one preying upon innocence. This system is perched full of misanthropic vultures. And these are the lauded in society. Nothing has changed among institutions except the generations.

The Sheen of the Great Pearl (12-25-09)

Today is a celebration of a treasured gift to humanity most enjoy in complete ignorance. A very precious gift spoken of in Mt. 13:45. A pearl of such great value that a merchant would sell all he had to possess it. A pearl unique among gems because it takes life to produce it and death to reveal it, and pain and suffering to make it grow. This pearl is particular. It appears in eternity as the gate to God's dwelling. the gate is singular and no one has ingress except via this gate. This pearl is the only way, and the only truth, and the only life. The pearl is a response to the introduction of a contaminate. In here we have the Christmas story, the full story. But that story is well known and little trusted. I do not wish to focus on the development of the pears as such but on its luster, its sheen. To me the beauty of this pearl is magnified by what it refracts.

It is easy to view humanity as an insignificant spic in the vast universe. Imagine this speck lodged in the center of God's concern. It's an independent speck contrary to His nature. How does He address it? The answer is Jesus. The perpetual display of His loving remedy. Refracting every brilliant hue of His loving grace. Loving the contaminated until a new glorious gem is produced.

I have learned that the true gospel message is not inviting Jesus in your heart but rather accepting His invitation to enter his life. A life completely contrary to your own. One that only knows loving relationship. Over time this love covers every aspect of your existence. Soon that pearl which is Jesus is revealed. You must die as Christ had to, to be at the center of this love. Each life is a unique pearl, no pearl being identical, but all formed the same way. Faith (trust) is like a string of pearls practice in the forming of the great pearl. True love demands our trust. Not from a religious duty or shamed obligation, bur rather love reproduces itself. This is the luster of the Great Pearl. Nay and every way God's love can be displayed continues to address a fallen specie. It is relevant, timely, and true in each application. The developing pearl is evidence of the sin, the loving remedy, and the glory of Christ. Pearls do not just appear but are made in the course of a life plagued with pain and suffering, They are mid in secret, privately adorning the wonders of His love. When they are revealed death has occurred and a nature completely contrary to our own gleams an undeniable glory. The bride of Christ taking on and adorning herself in the holy sheen of His love. He said we would be known by His love. This is true because a pearl in known for what it is. This love is truly worth everything we possess in this life and more. It is a pearl of such great value it cannot be purchased. The owner must choose to give it to the one desiring it. Christmas tells of the willingness of the giver and gives us a glimmer of the promise of the pearl. May this season find you all marveling at the wonders of His love and in the process of taking on His loving nature. The sheen of which is glorious to behold in every unique expression.

Proof (10-15-09)

Why all this religious rhetoric? What does it have to do with Dorean or my financial predicament?

I have seen a thousand variations of this question on this blog. I have addressed it many times in many ways but perhaps not fully.

If any of you are honest with yourself you will say that your life has exposed within your heart a certain glory of greatness as well as a certain wretchedness. This light is very faint or dim and the wretchedness very dark.

From this state there is only a need for greater light for the light of man will never illumine that which hides in the darkness. This light comes by way of two paths. That is proof and faith. One is human and the other a gift from God. A man without faith cannot know true good, nor justice. Dorean was and is a pursuit of true good and justice. I must therefore speak of faith and proofs to cause you to understand. It is the conduct of God who disposes all things kindly to put religion into the mind by reason, and into the heart by grace. I can reason with you but only God can inspire you. True good, justice, and truth will require your belief. There are three sources of belief: reason, custom, inspiration.

Reason and customs will form beliefs by habit. Habit formed in the darkness of your state. Only inspiration inclined to man's heart by God can generate an illumine faith. To pierce the darkness and ignorance. This God gifted inspired faith causes our wills to act and therefore is felt and motivated to act out of feelings. This faith tells what the senses do not tell, but not contrary to what they see. It is above them not contrary. Only the Christian religion can provide an answer to belief by addressing reason, customs formed in darkness and inspiration.

Dorean is basically a question formed in equity. Customs form the entire of equity for the simple reason that it is accepted. Dorean was inspired above the darkened customs of the accepted norms of humanity. It was formed to incorporate a justice not understood by most or practiced. If I cannot reason with you, expose the fraud within the customs and share religious proofs with you there will be no hope of agreement.

There are 5 areas of religious proofs: Morality, Doctrine, Miracles, Prophecies, Types. All of these can only be inculcated into your spirit by faith. I have used this blog to touch on all of these proofs absent miracles. This last proof I have been saving for the last. There are already too many miracles to list that can be known by the enlightened spirit but too few for the seeker.

Morality is misjudged by many especially the darkened souls of the fruit inspector types. One cannot judge any situation or another unless they judge themselves aright. Justice and truth are two such subtle points, that our tools are too blunt to touch them accurately. Further they must have an infinite point of reference to give them a correct perspective. In this way art imitates life. The darkened customs and reason are too finite and too dim to cast an appropriate light on truth or justice.

Doctrine has been shared here but merely as a parrot. True doctrine can only be a source repeated from its author. It likewise is transcendent and infinite to our finite reason and customs.

Prophecy rest in Christ alone because He is the spirit of prophecy. He is outside all the boundaries of our existence while completely immersed within the full spectrum thereof. Only from this all in all place of time and space can He inspire facts beyond our senses. Two prophecies stand presently upon the lap of my faith inspired by words from the Lord relevant to Dorean.
1.) I will not be destroyed by Alsup. I will be put in a position to bless the people of God with money.
2.) I will not see a 5th anniversary in prison.
Many times Christ used prophecy to validate His authenticity.

Like in John 13:19 Christ tells them beforehand to enhance their belief afterward. This is a repeated theme throughout the scriptures.

I have gone over many of the shadows and types used in Scripture to reveal the substance which is Christ. All of this was done to imbibe in your minds a solid foundation: a reasonable justification for a faith that touches beyond your senses, customs, and reason.

My experience in faith has trumped the experience that habitually formed a conformist behavior. Greater truth has entered my spirit through inspiration than by the vehicles of customs and reason. I can desire this all day long for you but only God can supply it. What many do not know about God is that He purposefully chose to reveal Himself to the seekers while hiding Himself from those who seek Him not. Even this is a proof of God the zeal of one and the blindness of others. Still the seeker grows tired and weary in the vain search after true good which forces them to stretch their arms to the redeemer. Everything eludes our grasp because God requires us to learn from His reach. No matter how low we have fallen His arms uphold us and no matter how high we soar He exceeds us. I and you are trapped in this finite capsule until we dwell inside Christ who is not at all trapped.

So with all these advantages over my enemies and desires to supply proofs to the friends of God I finish with a list of miracles.

My wife has CMT currently but shall be healed shortly. My sister has been given a cancer death sentence yet she shall live. I have a couple personal opportunities on the table also. This list is only the beginning of proofs offered to you. Many others will be listed here and easily verified by you. God is constant in His proofs and reliance upon them is sound. I will have traversed the full spectrum of proofs for you before my exit. What will you do with it is your choice.

Lost Love (10-6-09)

The prison I'm in separates me from my beloved. Just the simple affections of walking an talking are lost to me. Looking into the eyes of my beloved, knowing them as I am known, letting their affection spawn reciprocal affection within me. What evil has robbed me? No kisses, no praises, no glances upon your beauty. Just your face alone is a brilliant gem. To taste you, to hold you, to see your smile. My ears long for your loving words and the truth between us. I'm surrounded by lust, insults, ugliness, hatred, and evil. No comfort without you. All my earthly possessions even when they were great pale in just your shadow. I need you, desire you, can't live without you. I don't know who I am without you. Not only is my love lost but I am lost without my lover. What is life outside our love relationship? It's like a fiction, a nightmare, with fear and trouble on every side. My soul pants after thee like a deer pants after the water. I exist within you. Turn not away from me. Condescend to my low state and revive me from this death. Turn not your love from me for I will die without you.

I write this not because my human spouse love relationship is in peril, but to remind you of our beloved relationship above. I have concerns for every fraudulent foreclosure, every fraudulent civil and criminal accusation, every theft, robbery and conspiracy to plunder you. Yet what are my concerns compared to your beloveds? Do you not know every need had its provision. Have you sought the affections of your lover? If not how will you learn of His care? Do you enter a relationship treating the other like a circus monkey that must do tricks for you to please you? Have you become so lost in your prison that you've forgotten love? Have you lost that whetting of desire in your soul to be with your lover? Maybe you don't know true love or the joys of a lover but I can assure you that you needs are noticed even before you can express them. Forget the stuff and remember the love lost.

To The Reasonable Man (9-29-09)

Quoting Blaise Pascal "Finally, let them recognize that there are two kinds of people one can call reasonable; those who serve God with all their heart because they know Him, and those who seek Him with all their heart because they do not know Him."

To these reasonable men I make my confession. Dorean is not a scam. It is viable in truth. Its condemnation has never occurred to reasonable men. Fraud has developed in the conscience of society not by good men but by reasonable men. God has always given reasonable responsibilities to reasonable men because they know Him and are known by Him. Who better to expose unreasonable advantage and evil than a reasonable man? Who else would God entrust with truth? A reasonable man does not have to put on the illusion of reasonableness with props. Such as an elevated bench, a robe, decorum, coded language and the like. Why should a reasonable man ever give a damn about the opinions of the unreasonable. If reasonableness was the mere product of intellect superior intellect would spawn the greatest virtues. This has never been proven and has been established to the contrary.

Unreasonable men vacillate with the vicissitudes of rhetoric unaware that their sails are made full by the blowhards of propaganda. God is not swayed by the illusions of man neither are His reasonable elect.

If your course should cause you to confront the unreasonable world delight in the gift you've been given. Stay reasonable and prevail. That is a reasonable expectation.

Judah-Priest (9-26-09)

I have told you before that Joseph is a type of Christ. In the story of Genesis 44-45 he is a type of our Father and Judge.

The priesthood was assigned to Levi ultimately through his descendant Aaron. This priest was weak in his advocacy because he likewise needed an advocate. The ultimate advocate, the ultimate High Priest, had to rise from an unlikely lineage. Out of the tribe of Judah. This is depicted in type by our story. Judah had to plead for the life of his brother, offer himself as surety both to show love for his father, brother, and to satisfy the claims of sin.

In this type story Joseph could no longer restrain his love once the advocate gave himself. I wonder at some of the ignorance of God’s children when they address God. Yes God is as severe as Joseph in power to the infinite, but He fully accepted the Judah-Priest as sufficient. The floodgates of love were now free to be released toward his brothers.


We no longer have to plead for justice, mercy, or God to show His power. The Judah-Priest took on this role and was accepted. Now we are to take the provisions He has given us and go collect our families. The Kingdom of God is advancing daily and we are empowered with all Kingdom authority to possess the best.

When I first prayed about the injustice of mortgage fraud, God did not say sit back and watch lightening strike the bankers. He made it clear that my found interest was His own. I cared about it because He was already an advocate for His brethren during the famine. I was dispatched with all the supplies I would need to go and gather.

When my critics talk of how God is judging me for sin they show their ignorance of the revelation within this story. I am not judged glory to God. I never will be. I have a surety advocate High-Priest that is perpetually accepted. Love gushes towards me. So much so that when the battle rages as I’m about gathering God’s family I am at total peace. I am about the most powerful’ business initiated by His decree, equipped with all I need, and loved with an overflowing love.

Failure and defeat are an impossibility under these conditions. Any who talk of such are ignorant fools who boast foolishly thinking themselves wise. I have hardly touched the surface of the potent revelation within this story. Perhaps God will give you more with gleaning review.

The brethren were subject to the famine but not subjects of it. You may have suffered loss and had to make adjustments for lack but it all is temporary. The wagons to collect will be given you soon enough.

Black Light (9-24-09)

I am not dismayed about being an evil magnet. Actually I take great joy from the experience. Many talk about seeing the light of the kingdom manifest. Of course it is a noble desire but foolishly imagined by most. Manifested darkness is the concomitant that is required for the glory of the light to be perceived. Even in the creation story there was darkness then there was light.

The dark canvas of evil is the ideal forum for the light of Christ to be revealed. I recently had an imagination of how the light of Christ's love would apply itself to evil. It is not as one would think. I imagined Alsup coming to me with his confession of the evil practices performed upon me. In this thought I was confronted with the temptation to expose this for my vindication or to gnash it as a private matter at my expense. What was true to the love of Christ was obvious. I don't fancy this imagination to have much possibility in reality but if I should ever receive a private confession I will not make it public. The spiritual practice within this imagination had substantive value. I showed me again how God manifest His kingdom against the kingdom of evil. Triumphs and over coming are real, just not consistent with the ways of men.

Though the darkness of evil attacked Dorean it was necessary for the light of truth to be more perfectly manifested. In the end are the complaining and doubts will be shamed. All the fruit inspectors will be left with their rotten fruit. Evil will be ideally exposed and God and His children shall stand triumphant. It can be no other way. God was never letting evil prevail from any station of slack. He was only allowing the various manifestations to become incorporated into the light. The blacker the darkness the more spectacular the light in revelation. Dorean will sparkle as the sovereign gift against the backdrop of the darkness that magnified it.

Administrative Changes (9-21-09)

I saw a comment on the blog I would like to address. It seems some understand that Dorean was an administrative process. That it was and still remains. Though you hear me talk of court remedies now you wonder if I’ve changed tactics. That is a well thought out logical question.

Dorean completed its claim by the completion of the paperwork. That claim was a simple repudiation of fraud in the mortgage contract. Beyond that claim rose damages for perpetuating the fraud once exposed. This was our commercial process of developing judgment liens. If left unmolested this process would have proved out. But powerful men had designs to alter our course. Now we have passed through criminal accusations and commercial slander. The nature of this tactic is no less administrative yet it cloaks itself in a robe of deceit. What has really happened is in exposing the servant we enraged the master. Same deceit only greater force. As to the actors we faced we have exhausted all the administrative remedies not thwarted and available to us under these conditions to preserve our rights. This is an elevated claim of piracy and trespass upon the other commercial rights we were defending.

This charade is very complex. You are dealing with confidence. Though one can be completely aware of the truth you’ll still have to reconcile with the confidence of the markets.

What became clear as I layed in this trap was a divine opportunity was developing. By playing their game better than they play it I could reverse their slander fest into a sanction. This is my goal now. Much of my commercial efforts can even expire. I can resurrect them all by tying all their evils into a collective commercial damage claim. Once I have exposed the righteous as aiding and abetting criminals the flood gates of spoil open up to us all. No statute of limitation affects us yet because the damages have yet to cease. Only then does the tolling stop.

Hope this helps a little. The grand detail of my actions await the book on the other side.

Evil Magnets (9-17-09)

The human creature is an interesting animal. He graves a rest that would make him absolutely miserable. Have you ever wondered about all the diversion inherent in life. Every sport, vice, pleasure, or obligation prevents us from that quiet moment with ourselves. That moment where we are a most miserable creature.

God knows this about us and rather than obliterating this flaw He uses it as a means to an end. In I Cor. 15 Paul does a wonderful job addressing confusion about the resurrection. In doing so he spilled even more truth. First Christ’s resurrection is paramount over all issues of faith. Resurrection is a means of proof of an end. Christ did everything according to scripture. The word an end in itself creates the means. This scripture makes clear what the end will be. All things will be brought under subjugation to Christ. After this He gives all back to God. Christ incorporated you into this subjugation process. That means you will be an evil magnet. Why are you surprised the world hates you? They know that Christ is Lord and your subjugation is evidence of theirs. If the judicial system is an evil institution based upon masonry, witchcraft, spiritualism, fraud, and the occult why are you perplexed that Christians are routinely persecuted by it. Is it Christ cannot defend? That He is deaf to all the pleas of injustice? On the contrary it is His means and your agency working a means to the end; subjugation.

This truth can be so important when you are growing faint from the battle. If we have a secret view of the end, we should not get lost in the means. God’s timing is not ours but His subjugation efforts is. What evils have been drawn to you. That territory has been assigned to you to advance the kingdom. Will you shrink back with whimpering cries of personal deliverance or seek the end? Rest is a true promise when all things are subjugated. Seeking it now is foolish. It cannot be obtained. It is better for us to keep the wicked informed there will be no rest for the wicked until all things are subjugated beneath the Lord.

If evil should become attracted to me it is a blessing, a promotion, a duty, a means to an end.

Potiphar's Rebuke (9-17-09)

Joseph was one of the scriptural types of Christ. He was rejected by his brethren, mocked and ridiculed for the promises of God over him. Made to oversee the kingdom. Humbled to be made great. Husband to a gentile. Proof God's word is infallible, etc. Genesis chapter 39 introduces a character into Joseph's life named Potiphar. Potiphar in verses 1-6 comes to an understanding that is an honest rebuke to all of us. Joseph is a type but minuscule in actual comparison to the original. Yet in verse 6 Potiphar was so content with Joseph's administration of his affairs that he had literally no worry or concern.

The administration of Christ over our affairs has to be infinitely superior to that of Joseph yet we never put away our worry or our concern. Potiphar could rest in his faith of Joseph and we constantly withdraw our trust. Christ is not slack and could never be proven so. In fact He can perform every function quantifiably better. What justification authenticates our fears? Shame on us when this heathen man could see the anointing of God upon his servant and we remain blind to God's anointing upon His son.

Losing your house, losing your job, losing your reputation, losing at trial, losing your friends, you are not the first. Habakkuk 3:17-19 reiterates how much more we should exceed Potiphar. God is our strength. Our supply, our hope, our dutiful and gracious Lord. I will trust Him!

Two Sides

It has been said that there are two sides to every story. This is very true. In fact scripture makes it clear there is two sides to the very same old story. In Zech. 5:1-4 there is the vision of the flying scroll. On one side a condemnation of the thief and the other the liar. More than a liar but the religious liar. The one who swears falsely. He has created a god of his own imagination who serves him. He has no fear of his oath for he knows the god he swears by does not exist. The purpose of this fool is to make himself out as one of integrity though he is rotten to the core.

The other side is the thief. He denies god and makes himself out as a self-serving god. The jailhouse thief is despised but most cannot resist an opportunity when presented. There truly is no honor among thieves. Too many times to count Christ within has loved on a thief that could not repent for lust of a mere token.

This scroll has a curse to destroy these people. I've pondered what words could be on it. If it was just a record of their acts it would be a curse. If it was the law they would be condemned. If it was their words their falsity would be a curse. Regardless it is they who hold account that can curse. Their denial has long since walled them off from mercy. Whatever is written the promise of the curse is an old story with two sides. One for the self-serving fool and one for the religious fool.

Fools collect your prize for the scroll is being read into your life daily.

We may suffer affliction, and suffer fools, but we never have to suffer either side of this old old story.

The Outlook of My Predicament (9-14-09)

The struggle of being a man I have come to learn is a designed state of affairs. In one's existence a view either towards the infinite or infinitesimal causes an acknowledgment of one's station. Precariously dangled between these two extremes. One makes you wonder in awe at how glorious you are among creation. The other how insignificant.

The Christian faith is the only reconcilable nexus for these infinite reference points. God's descencion from infinity into creation proves our glorious state absent pride and your insignificance without the loss of self.

The station I believe leaves us unsettled and uncomfortable to steer us to a choice of denial or perfection. Not a temporal perfection but a transformation into a new station infinite in its proportions. Absent acceptance of this condescending offer denial will create a false sense of self improperly fixed to its reference points. Everything is false here. Even the truth obtained through life are parenthetically captured in the general statement which is a lie.

God, only the incomprehensible God, of the Christian faith can be comprehended in this precarious chasm of our existence. Every other God invention finds its origins in creation and cannot transcend the finite imagination. That which is infinite must reach to us bearing gifts of infinite import such as faith, hope, love, grace, and eternal life to fix us to truth and true reference.

The Tongues of Evil Men (9-11-09)

Recently someone I know got indicted. Nothing related to me. Yet the IRS and FBI kept bringing up my name. When your name stays on the tongues of evil men this is a good thing. THere are many examples from scripture. David's name stayed on the tongues of many tribes. Daniel on the tongue of evil Kings. When Midanites had a dream their interpretation was Gideon. God places a fear of you upon their hearts and instinctively they knew you represent a problem. Of coarse they have no idea or full extent of the outcome. Rightfully they should. Because they are evil their level of knowledge, wisdom, insight is all base and ordinary. The extraordinary things God does with your life can't help but perplex and bring fear to them. They are at their best incapable of comprehending your life or threat. This is one of those signs of life you can spot in your battles. If you are advancing the Kingdom of God your name will not escape the tongues of evil men. Let them talk until the renown of the Lord's body is branded into their psyche. Even if your name surfaces in the expressions of their evil plans have no fear. Fear motivates your enemies because no weapon they form against you prospers. Even if they should gain a temporary advantage like over Samson, they still speak his name in fear. Until of coarse God is finished being entertained with them. Then He will shut their mouths for good and your name will be spoken of by righteous men.

Eloquent Symmetry (9-10-09)

Eloquence is not the symmetry of the word smith. It is the ability to express truth in a pleasing way that entices the self-love of the hearer to take an interest. Alsup is a sophisticated writer but cannot be considered eloquent because of the absence of truth. In his Kinney order he categorically lists many fragments of truth but places them all parenthetically within a fraudulent premise, "words differently arranged have different meaning, and meanings differently arranged have different effects," Blaise Pascal.

What I've discovered in my short journey of existence is that T.S. Elliot observed what I have seen. "The majority of mankind is lazy-minded, incurious, absorbed in vanities, and tepid in emotion, and therefore incapable of either much doubt or much faith; and when the ordinary man calls himself a skeptic or an unbeliever, that is ordinarily a simple pose, cloaking a disinclination to think anything out to a conclusion."

I have been faced with this cloak adorned as a black robe with force. To the intuitive mind this is an enigmatic challenge seeking conclusion. To the dullard a mere triviality of surrender phrased "you can't fight city hall."

Being capable of much doubt in a battle as this also means I am capable of much faith. That faith has been expressed eloquently to the intuitive reader who for the constant and versatile application of truth entices their spirit to love themselves by trusting God. This is living the life you've been given. Everything else is just passing through.

Secret Success (9-10-09)

Psalms 25:14 states “The secret of the Lord is with those that fear Him.” There are many other Scriptures that talk of God’s mystery. It is a sign of intimacy when friends and lovers share secrets. What an honor when God reveals His mysteries to you. Dr. Scott used to say about himself that he found things in the word that were obvious to him that he thought everybody else saw. He soon discovered this was not the case.

As one who could easily get swallowed up with the doubt of my circumstance I find great comfort in revelation. If God loves me enough to share some of His secrets I am safe. I wonder if you can make the same deduction concerning your relationship.

Dorean was birthed out of the secret wisdoms of the Lord. Not in that accounting, contracting, and standards of trade are mystical, but the frauds and powers behind it are. Only those in whom the Lord confides can be empowered to challenge. The question of Isaiah arises “If not me whom?” Who else but those informed of secrets can find the courage to take a step. I have to remind myself that the first step of this wayward journey was a miracle of loving kindness. Proverbs 21:22 makes it clear that it is the wise man that prevails against the strongholds of the wicked. When God reveals His secrets to your heart becoming wise is axiomatic. It is why the enemies of God are truly fools. Do not fear the path wisdom sets before you. The fact you see it is the perfect evidence of prevailing. The very thing needed to complete the journey was the gift that started it. What pains of suffering could dislodge the joy from a man’s heart of knowing God has befriended him and shared some of His secrets? Success is in the secret and that will be your secret success.

Pay Your Debts (9-6-09)

Many are acquainted with debts exceeding their ability to pay. Sin has also caused us a debt we can never afford to pay. Yet if you can ponder the antiquities of eternity as David did in Psalms 25:6 you’ll remember how God’s tenderness and mercies have flown from a majestic, infinite fountain of love.

Depicting this truth is an impoverished widow in 2 Kings 4:1-7. God addresses the need out of this fountain of love and like the oil supersedes the need. Likewise God can say to you sell what you need to satisfy your debts and live off the rest.

I have been living off this abundance a very long time. Even in a prison of misfortune I am out of debt. No sin hangs over my head. Can it be that what transpires in truth, in the spirit cannot manifest similarly in the flesh? In Luke under the exhortation not to fret or worry God commands us to strive.

Strive for His Kingdom. This may include going to and fro in search of empty vessels but oil flows as His effort. He is your source. His abundance will answer the need in this life as well as the next. As to the rest: live on it!

Stop listening to the rhetoric and opinions of dead men. Shut them out, close the door, and in private let God settle all your debt and more.

Appeal to Thyself (9-3-09)

I have been accused all along of a selfish evil intent. Dorean has been vilified as my tool of self interest. This is easy to profess but can it be proven?

I am about at that time in this exercise where the appeal is finalized as to content. There is a particular issue I can raise which guarantees me a loss of 20 years from my 25 year sentence. The Supreme Court precedent is convincingly clear. The problem with the appellant court is they have a primary goal to keep and secure the conviction. They have no requirement to address, examine, or rule on all the issues you raise. They are notorious at taking the path of least resistance to their goal.

That means I am faced with a serious decision. If I raise this argument I will win. Everyone else will lose. The conviction will be affirmed and I will be immediately released from prison. Any issue not raised in the appeal is forever waived. That includes this winning issue.

If I was as self interested as my critics condemn me, would I again miss such a great opportunity of self interest? How long will it take before enough contrary evidence overcomes the lie? I will not present this issue at great personal risk for truth’s sake and your sake. If I lose on my other issues I get the pleasure of wearing all 25 years. What would 20 years make you do? Until you can reconcile your choices with mine you will not know how to judge me aright.

Even as I write this I am so far removed from my past that my memories have blurred. So far isolated from my hopes that my imaginations are blinded. Finalized resolution is a temptation screaming into my hearing sense with such vigor “take the sure route.” Adding that weight I still shall not move from the course of faith set before me.

I am preserving myself but in love. In doing so I am free to preserve your interest which harbors in love also. Many will never understand a post as this. Only those who love a cross more than life itself can find the life they are losing. A paradox for sure and an uninterrupted parable to the soul that appeals to thyself.

Permission Granted (9-3-09)

There is a simple verse missed by many of its potency in the story of Jesus healing the demoniac. My prison is truly nothing compared with what bound this man. He was possessed of thousands of demons. He became so violent that he was chained by the locals. He was mad and having broken his fetters lived in the rocky wilderness, naked, isolated, feared, and alone.

Jesus arrives on the scene mild mannered but not impotent. He confronts this man’s problem directly. The demons have no ignorance of Christ authority or His power. They know Him as Lord of all. They for reasons not discussed here know they are going to be forced by one greater to make their exit from plaguing this man. They seek permission to enter a herd of swine. Permission was granted.

What amazes me about that simple truth is how it can speak to any situation. Imagine the devils seeking to cause you to lose your home. They have to address your Lord. Permission granted! A Judge wishes to misuse his power upon me. What say ye Christ? Permission granted! Nothing befalls us excepting the Lord’s permission. For His good pleasure and reason to His delight He allows. Fret not over your troubles. Remember who granted permission. Our enemies are not superior. Only tools in the hands of authority. Trust Him who values you enough to liberate while destroying the pigs around you.

Redemption By Power (8-22-09)

The actual Christ can be identified by His significance as a Redeemer. His first advent was for the redemption of sin and death by blood. If redemption was not a factual need then the Christ of history was an irrelevant figure. If on the other hand our guilt is factual then His vicarious sacrifice is pivotal.

Power can be measured in a couple of ways; expression and restraint of expression. E may fear the burst of an angry man but we respect the restraint of a prudent man. All of us know how much more power it takes to tame our souls as opposed to abandon to its wild expression.

Christ Second Advent is the expression of power everyone expects from a superior power. There will be flaming swords, glaring eyes, and annulations of His enemies. This is the redemption by power on a good scale. We should not lose the significance of the intimate dealings of the Lord with His children by thinking His major plans for redemption vary from His minor. The redemption by blood is a historical fact for all believers. The personal trials the purchase redemption that gave Christ a property interest in us should be understood. Likewise factually it should be understood that a party of interest axiomatically is vested as an interested party. He concerns Himself with you. Because of this interest His redemption by power is a relevant promise. He is a delivering redeemer.

Recently I read Robinson Crusos who based his entire hope on a sole scripture that promised deliverance. It came many years later but his hope was not vanity. We have a much more sophisticated faith based upon comprehension of more scripture. Yet this should not abate a childlike trust for deliverance.

Alsup as a man is possessed with too much power to be held absolutely. He is nearly untouchable for his criminal acts. Yet he cannot comprehend the power of restraint or of real authority. Christ who will express His power ultimately does not ignore or neglect individual opportunities to express His redemptive power expressed by force of will. He will enter into my confrontation with a powerful man and show Himself strong. We have no fear of being ashamed for hoping in our deliverance for as Christ wraps up history He wraps up our troubles and woes.

Noble men hate more than anything to have their faith in Christ ridiculed because they know the integrity of their God. Yet we must all suffer fouls until they discover our redemption by power at their destruction.

WE have the redemption purchase as evidence our hope in redemption by power is not vanity. Put your hope in God. He will deliver you!

A Possible View (8-13-09)

The view of faith will never see itself as pride does.  Faith will always look to God for grace because it judges God's word faithful.  And the only merit it seeks is that belonging to God.  There are many like Scott from Vineland, Nemo, and Fruity who are always trying to measure a man by some righteous standard.  Faith abandons this exercise long since.  It knows righteousness is a gift.  That good works are assigned and empowered by the Lord.  A man living by faith has footsteps ordered of the Lord.

When our many critics express our shortcomings it is impossible for these judgments to be an expression of faith.  That is why they condemn themselves by their words.  They judge us faithless sinners while they sin faithlessly in their judgments.

Do you really think God is fooled?  Have you ever thought that God’s prohibition against judging others was because it can’t be done in faith?  All things not of faith is sin.  Now I do think God possesses us with spiritual discernment but that is faith based.  Faith recognizes the qualities of faith in many variations.  It’s not judging the person only itself.  It looks at faith’s expression then judges itself internally within your life.  Anytime it comes up short it does not condemn but reaches to God’s mercy and asks for an increase.  It nurtures itself.  When it judges faith in another misguided in does not condemn.  It encourages, prays for strength, and guides with truth.  The body through faith edifies itself.  Any measurement from pride is man to man.  Any measurement made from faith is God to man.

Faith is a difficult journey because it is like a six sense that rebukes the other five.  We should all be there for each other who are brave enough for this walk.  The journey has enough suffering inherent that senseless and added persecution only increases a burden.  Do you hate yourself so much that you can’t love another even if weaker?

I know most of you don’t understand the pains of my journey.  Perhaps because you perceive me a cause of your pains you might partially delight in my suffering.  I do think of your pain and always make decisions to sooth it ultimately.  Until God gives me that victory.  I’m not tearing you down for your sins.  No faith in me is reaching to faith in you to encourage your .look to be faith based on what God ordained to you.  Not what men have created.  Be lifted up and not cast down.  By faith all things are possible. 

You Remind Me (8-12-09)

Faith is definitely a gift that holds onto a future promise. But it is not limited in this usefulness. I have learned that faith has the eyes of eternity. It can look into the present or the past to see all promise at work. It notices life. If I take the Abraham and Sarah story from scripture I have a word picture of faith. A dead womb was given a promised life. One day life entered it. Then signs of life began. There would be kicking, expansion, hormone changes etc. Soon life and the promise could not be denied.

How many promises has God given you? Do you scour your life to find signs of life? The Psalm show faith’s many views. It looks to all God’s faithfulness currently or in the past. Signs of life should be speaking to you constantly “You remind me” of God’s word of promise.

Using my life as an example; I received a word of promise which has been showing signs of life for 20+ years. The seed was planted thought delivery is still to come. When studying the law and all the traps inherent within it, created by wicked men, fear and doubt can tempt you. I began to ponder just one “seed” promise from scripture. The first prophecy of the Bible in Gen. 3 promised a seed. Warfare began immediately to destroy the promised seed. In the Abraham and Sarah story right after the child promise comes seed warfare by a worldly King. All faith promises will come under fire by a worldly King of some kind. Yet God protected His promise. The worldly King had to surrender. I know my life is not in the genealogy of the coming Messiah but the promise is of the same source and of the same origin. God does not change. Every promise made has the same guarantee of fulfillment because He who spoke it is the most powerful being and does not lie. So in a sense the coming of the Messiah in my promise has the same emphasis as His appearing in the flesh the first time. Heaven is always watching and keeping record of every instance where Messiah must appear in human history. My promise is no less significant than Isaac because God’s credibility is intact. Therefore even distant promises of the past can be mined for relevant faith today. No matter the look faith will bring strength. I wonder how many of you when this Dorean nightmare developed stopped looking to all God’s prior blessings in your life. Did you allow fear and doubt to steal the great wealth out of your past?

Would you have made all the same decisions if you were watching all the signs of life. The promises change your life. Even a dead womb cannot stop the new decisions that have to be made. Diapers, crib, breast feeding, etc. If your faith is active you will not be blind.

I hope it can be said of me “You remind me” to look for signs of life in every direction. God always reminds me whiled the enemy tries to cause me to forget. Well forget it, it’s time to remember!

Boo! (8-10-09)

I imagine in life there are many things that produce fear. Hollywood has an entire genre dedicated to produce fear. In spiritual warfare there are roaring lions and every type of spectre, ghost, or phantom to tempt you into cowardice.

When Alsup appeared in my life he brought with him a myriad threats and spook. On every front were minions of shadow people taunting with their howls, growls, screeches, and boos.

When I talk of our champion it is not just for ethereal speculation. The contemplations are to bring reality into the world of spooks. The faith of Jesus is all about reality though it may hold onto truths beyond our five senses. Knowing Him and His ways has a way of shinning the light of revelation into this dark and evil world; Exposing the fraud of all their threats.

As I sit in a prison victimized by power used outside God's authority I am not afraid. Jesus is alive and an irresistible force of righteousness. No foe can escape His vindication of His rights. Do you really know the Lord, Jehovah-Saboath? Do you have any understanding of who came to dwell with you or who you solicit with prayers? If you still shudder when you hear "Boo!" like you did as a child then I would say you have not yet put away childish things. Mature to trust and fear not!

Jealousy of Honor (8-8-09)

Confession of love without jealousy of honor is unconvincing. One of the consistent qualities found among true children is their jealousy for God's honor. It infects their entire being. No sacrifice of suffering turns their hearts. The thought of the wicked taunts of "where is your God? and the like gaining evidence offends them. Faith rises up and prayers such as expressed in Psalms 25 : 2-3 pour out of their spirit. There is a difference between the righteous and the wicked. The righteous are in a marriage relationship where the honor of their groom consumes their being. Contrariwise the wick are whoring after their own personal last and seeking honor and glory for self.

My wife honors me and her love confessions are irrefutable. No doubt can grow under these conditions. I wonder if a man is not fooled by true love how we expect to bluff the Lord. He knows all mans hearts and the lack of jealousy for His honor is revelation easily exposed.

One thing I've noticed in Scott and I in this Dorean battle is an utter contempt at the idea that a wicked judge could prevail upon God's righteous intentions. I would die before I would faint at resisting evil. I know Christ as victor and as Jehovah-Saboath. No peon misanthrope can be allowed to make a boast upon my watch. You will see Christ glorified by this Dorean battle because honor drives my faith to victory. Let it do the same in you for love, true love, as the heart behind the faith of Christ would sacrifice all to see God honored. Those giant pearl gates lifted to receive a champion who jealously guarded the honor of God. His children enter the same gates with the same jealousy. To God e all glory, honor, and praise. To the wicked a taunts our God is the only God who lives and loves His own; bring it on and see your folly.

Who is this King of Glory (8-7-09)

Psalms 24 asks and answers this question. Many people use the name of Jesus generically to identify the fictional deity of their imaginations. There is the cosmic Jesus which is the great spirit within all of us. There is the prosperity Jesus whose worth and blessings are apportioned for this temporal existence. Jesus the good and wise teacher and the many others . These are not the King of Glory discussed in this Psalm.

As I studied this Psalm I imagined the city to have 2 allegorical parallels to run with the actual city of Jerusalem topiced within. One is the New Jerusalem (Heaven) receiving this ascended conqueror. The other is the city of our heart. I began to imagine King David with the ark singing this song possibly in a round or a rhetorical between singers and a choir. The procession would be long, jubilant, full of pomp, and glorying in triumph. David being the shadow type of Christ. I could see the angels singing as Christ enters leading captivity captive. Likewise the majesty of who entered my heart to dwell began to fill my heart with awe.

Have you really contemplated who chose to enter and dwell? This is the Lord of Host. None greater or with more power. Regal in the highest order yet condescend in love to you. This contemplation was changing my views on prayer, authority, victory, and battle. Just at this time I received news of my sister’s cancer miraculously improving. This great King was invited into the city of this need and He proved Himself to be worthy of all the honor and as potent of reputation repeated.

There is no difference between sin, bankers, judges, or cancer. They all defy this King and speak of death but who is this King who defeats them all? He is the Lord mightily in battle. He is the real Jesus. Lift up your heads and be lifted up and let this King of Glory enter.

Appeal (8-1-09)

The government has requested until Oct.21 to respond to the brief. We are working on an amendment to strengthen our chances. The first brief was a collaboration of attorneys doing a poor job. One of the attorneys listened a little to my issues and substantially improved the brief before it was filed. Are arguments winning? I don't think so yet, I wish I could say this case was about the facts and the truth but it never has been. It has always been about the bully system intimidating its way to victory. As a man I should be afraid for my life if that were the whole story. Fortunately for Scott and I we were only predators dressed as prey. By God's design we were called to enter a very dangerous game of chess, but we are trained by the best. I want to reiterate for all of you who face overwhelming challenges in your life, it is not God's way to give you understanding and wisdom to prevail in the beginning. He creates the scenario for trust and then supplies wisdom and understanding as the spoils of war for the trust. He has been faithful to supply what I need to prevail when I needed it. I keep a few informed on the developing legal issues and I'm sure many will say God is equipping me for victory. We have solid hope for a complete victory using their very own over zealous efforts to come back and bite them in the ass. God had confounded them from the very beginning and in time He reveals the trap He laid at inception. He is great and the best trustee you can have. That is why Scott and I rely upon Him to bring you victory. The amended brief will be the winner or I will submit one myself.

Title Deed (8-1-09)

Because the Bible is in its root form a commercial document many of its truths overlay the Dorean process. In our process we captured title back from a bogus claim. This is never been an issue for God. He has always been the undisputed title holder. The two great seals upon the deed would be providence and creator. "The Earth is the Lords and the fullness thereof" Psalms 24. The little documents that are disputed by men are transient illusions. If your attachment is anymore than transient you are deluded. The Earth (land) rest upon the seas and been established on the floods. If you or anyone else takes God's title as moot you plant yourself firmly upon the waters. Forget the unstable sands chosen as a foundation by fools and consider the impossible foundation of water. Every man owes his entire being and existence to the gracious care of the Lord of all. The lands we fight over and stake our hearts upon are mere floats held up by God alone. Christ was speaking a greater truth when He rebuked the disciples for their faithlessness when He calmed the sea. The very fact we exist is because He is master and tamed the sea. If we forget our standing and significance by losing sight of who God is then we begin to fear what has already been firmly established. In fact far more evidence exists for our spirits that God is true than what we base our fears upon. What does God have to do with the title issues inherent within the Dorean process? He's the only owner to petition for privilege and the only thing between me and the floods that want to consume me. It is the same for you.

Scott has been release from the SHU and is now residing at Victorville FCI if you would like to write him.

DALE SCOTT HEINEMAN 12152-081
FCI VICTORVILLE MEDIUM I
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 5300
ADELANTO, CA 92301

Being Yourself (7-19-09)

I was reading the scriptures at I Chronicles 12. This is not one of the most moving blocks of scripture yet God used it to give me a sweet revelation. In the height of God's supernatural faith being imparted as a gift that can get you through any circumstance is this lingering person called yourself. Many times you seem to be a spectator to your own life. I was kind of in this place where my flesh is weary while my spirit is strong. In this scripture God chronicles the names of men who joined David in the wilderness. It lists some of their exploits as warriors but doesn't say anything of their prayer life, love, compassion, or any spiritual gift. I think the devil tries to beat us over the head with the ordinariness of our lives. Most of us are not healing the sick, moving mountains, or calling fire down from heaven. This band of men were skilled in war but that is a human exercise. This is a very flattering version of their alliance to David. In other text they are ready to kill him when raiders took their wives and children. They were loyal but with all the frailties of humanity. The one thing that stands out as a spiritual choice is that they aligned themselves with the word of God. Samuel spoke of David being King and these men chose to believe it and stake their lives on it before God made it obvious to the masses. They were men of flesh, ordinary in circumstance except for this one choice. They did obtain extraordinary victories over time in the ordinary course of being themselves only because they believed God's word true. If you like them can make that choice before it is made obvious that is a supernatural miracle. No greater miracle is needed in the ordinary life for this revelation is the gateway to endless possibilities in Christ. What you need when you need it to get to where God wants you is easy compared with the revelation steering you to choose God's way through his unrevealed King. Be yourself as God chose you when you arrived in the wilderness surrounded by a ragtag band. Victories and vindication will be ordinary to you.

The Son Balance (7-15-09)

Abraham was given two promises that appear to be allegorical synonyms. One was his descendants being as the dust and the other as the stars. I see them as a duel revelation. The dust being a numberless lineage of fleshly or earthly descendant and the stars being a spiritual or celestial numberless lineage. The National Israel and the spiritual. The National had the call to ultimately become the spiritual but in rejection of their Messiah ultimately selected the dust promise. Man is a unique creature of flesh and spirit. Therefore Christ had to be of dust and spirit to fill the all in all of these promises. To National Israel He has to be a King reigning upon the earth as the Son of Man. To spiritual Israel He has to be the King of all reigning from a heavenly throne as the Son of God. There is a true balance of both in Christ and why Immanuel is such a fitting name. God with us. Whether of dust or spirit God dwells with us. His final revelation to mankind is the feast of tabernacles which celebrates man dwelling with God. If you will notice in every trial one faces their is the flesh with its complaints and the spirit warring for supremacy. Christ is intimately associated with us and this war. If you read Psalm 22 you see the Son of Man living the faith that will bring the Son of God all He's been promised. Likewise we as Sons of Man must use this faith gift to transition from dust to stars. Being God's eternal habitation is a future promise with a present indicative to our current actions. Abraham in Hebrews is said to have lived looking toward the city whose foundation were laid by God. John Bunyan's pilgrim's entire journey was the same. Dorean was a gift to address the issue of the house of dust and most of the warring is over the dust. But the truth of another dwelling was and is always present in this war. Christ is the King and deliverer of the dust and the stars. Don't let the brightness of your countenance get dusted by the lessor promise. Abraham and Christ were examples to this contrary.

The Good Shepard (7-13-09)

Psalms 23 is a celebrated text quoted in every feel good book, promise box, or even secular literature. It was penned in great hope and a mature experience. Yet I find it no accident it follows Psalm 22. Here is the mind of Christ, and my defense against all my critics. Faith we know sees things that are not as though they are. Faith and prophecy are hand in glove relationally. All prophecy is of the Lord for Christ is the spirit of prophesy. Prophecy liberates while simultaneously restrains. Once the vision of faith sees what will become in the spirit of Christ it restrains the will to choices consistent and yet liberates the spirit from reasonable predictions. It is an easy thing to predict that a powerful government bent on the destruction of Dorean, Scott and Kurt will prevail. Who can resist their machinations? Their system is a well designed meat grinder and once in there is no exit. Prediction is reasonable but it is not faith. Who could argue with the reason of my critics prediction? They are sound. But I have never tried to argue reason only express the vision of faith. Faith is not guided by reason but by Christ. Here in the Psalms is a great example. Christ had the maturity to see Psalms 23 while hanging on the cross of Psalm 22. No reasonable man could predict the cross a victory, only faith saw this. I have shied away from predictions in this trial. They have very reasonable advantage over me. Somethings were obvious to know and others came by surprise but could reasonable be understood in hindsight. What many have failed to understand of Scott and I is that a very mature Christ within us was expressing the peace of Psalm 23 in the midst of our Psalm 22 trial. It is my prayer that this spirit of faith will overtake you so you can experience the Joy of Psalm 23 prophetically with your faith before it appears reasonably. Much has tried to robe me of this joy but just a little praise will bring you back to green pastures and still waters. I don’t predict our ultimate victory Psalms 23 declared it long before Alsup showed up. I see it with faith, a gift Christ has given me. A gift He used Himself on His cross.