Sentence

SENTENCE of January 12, 2011

(1) 3 years probation (informal, no need to report to anyone)


(2) no jail time based on 19 days in jail + 8 credit = 27 days prior to Trial and Sentencing (ISS Imposition of Sentence Suspended)


(3) 6 months Spiritual Counseling (a priest/pastor in the LA Archdiocese) & 6 months professional (Lay) medical exams (physical) once per week each [Archdiocesan General Counsel interceded to suspend jail time]


(4) $480 fees and fines due Jan 12, 2012 -- $100 State Restitution; $100 Probation; $160 each count security; $120 facility assessment


Jury Trial/Judge Moses: a church is "a BUSINESS". The janitor or anyone within a "business" (NB: not "a Place of religious worship" re: 423 CA Penal Code; 18 USCA 248 a 2 etc. ) can "delegate down" to himself "as agent" the authority of the Bishop or Pastor, etc. to further their own personal and political preferences and agenda and use the Criminal Informant System to criminalize without having any pre-existing Court Order or valid legal justification (and thereby lock out or "expel") practicing Catholics (primary targets but as secondary targets also read Jews, Protestants, Mormons, etc). The State may FORCE both prior to Trial and at Sentencing on any Pastor or Priest, Bishop, etc a Criminal "Protective" Court Order demanding priests, pastors, bishops deny/bar entry to the church (and the home) of targeted Faithful Citizens and practicing Catholics, if their dwelling is within a football field (100 yards) of their church, and also force these same priests, pastors, bishops to deny access to Mass and devotions and the administering/reception of the Sacraments to any practicing Catholic and law abiding citizen criminalized by "private persons" within a church / "Place of religious worship". Such Pastors and Priests, Bishops must "stay away" from these targeted Faithful Citizens and practicing Catholics, and these Catholics must "stay away" from the Church and designated churches, Priests, Pastors, Bishops, Sacraments, Mass, devotions, etc. or suffer unconstitutional and unlawful arrest, chains, imprisonment, death and/or worse as a result of this isolation and abandonment by means of such State imposed -- "private person" assisted "expulsion" -- excommunication.


My Jury Trial began on Nov 17. On Nov 18, 2010 Judge Moses received and used an Appellate Court Ruling that had been issued that day to shut down my defense and any Constitutional, 1st Amendment, church policy, practice, ownership of church property and related matters: read John-David Schofield v. The Superior Court of Fresno County -- Moses used this Appeal decision and precedent setting ruling to insist his court could have nothing to do with "Church matters... policy... practice... doctrine" or, for that matter, the US Constitution and "Freedom of Religion" !!! (see Transcript ... when we get it)


Moses used this Appellate decision (!) to allow his court to invent his own "Catholic Church" policy, practice and doctrine by barring the Archdiocesan General Counsel's defense testimony and Moses used his court and jury to impose his policy, practice and doctrine -- on the Archdiocese -- on the Church.

Had the Schofield decision been applied validly, the court would NOT have entertained or wasted a minute's time with my arrests on April 9 and 10, 2009 or Oct 13, 2009 and would leave these "church matters" to the pastor, bishop and Church tribunals, whenever "private persons", unhappy with local politics and/or their legitimate pastor and bishop, took matters into their own hands as "agents" of the state and Criminal Informant System, to decide who in their personal opinion should or could be a member of the Church; who could continue to act freely; who would be criminalized and imprisoned, barred and "expelled" from the Church, Mass and Sacraments, because they were living the Gospel as Faithful Citizens and practicing Catholics.

Judge Moses ruled, instead, that his court and jury could impose and define Church policy, practice, doctrine, etc. at will, as could any "private persons" wishing to "delegate down" to themselves the authority to "expel" Catholics from the Church and their local churches !!!

Judge Moses' court and the Alhambra LA Superior Court excluded free, law abiding American citizens from the rule of law under the US Constitution !


http://www.leagle.com/xmlResult.aspx?xmldoc=In%20CACO%2020101118062.xml&docbase=CSLWAR3-2007-CURR


http://login.findlaw.com/scripts/callaw  (you may need to create a free FindLaw account)


http://churchofthesaviour.diosanjoaquin.org/dfc/newsdetail_2/254


http://3riversepiscopal.blogspot.com/2010/11/schofield-v-superior-court-of-fresno.html


http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi?Courts=F  


(PDF = http://www.courtinfo.ca.gov/opinions/documents/F058298.PDF )


Nov 18 2010F058298


[PDF] Schofield v. Superior Court 11/18/2010 CA5 http://www.courtinfo.ca.gov/opinions/documents/F058298.PDF