Union Municipal Court request for Discoveries

April 28, 2008

Ms. Pat Nasta, Certified Court Administrator
Union Twp Municipal Court
981 Caldwell Ave.
Union, New Jersey 07081

Re: Summons # UNN638639 & UNN637580
Request for information under Discovery Rules

Dear Ms. Nasta:

Please provide the following information under Discovery Rules which I intend to use for my defense in the above referred court matters.

From July 1st to Dec. 31st, 2007

How many Arrest Warrants were issued against defendants under 39:4-81 for very first non appearance; especially when the defendant’s written request for adjournment is on record delivered in person to the Court staff.

How many Notices of Failure to Appear under 39:4-138G was issued despite Defendant being present in the Court for previous appearances.

Defendant wants to remind the Union Municipal Court that it is Defendant’s constitutional right to defend himself against a moving violation which he has not committed, against a parking violation in which he has been singled out because of his ethnic background both under Racial Bias. Then Patrolman Covallo has also violated defendants basic Right of Racial Equality by making obscene gestures to him.

Then this Court has denied the Defendant’s Recusal Motion of 1-22-08 despite defendant raising question of Prejudice and Racial Bias as well as no faith in the Home Rule system prevailing in all the Municipalities of New Jersey. Since the Defendant is raising the issue of Prejudice, Racial Bias and Racial Profiling he must be provided with the above discoveries as per the this request in timely fashion; so that effective defense can be prepared for the Trial on May 19, 2008 in above matters.

Thank you for your anticipated help.

Sincerely,
Devendra Makkar

A typical Sham Internal Affair Enquiry by NJ PD

April 16, 2008

Chief of Police Thomas Kraemer
Union Township
981 Caldwell Ave. Union, New Jersey 07081

Re: Your letter dated March 10, 2008 Received on April 14, 2008
Summons # UNN 637580 & 638639

Dear Sir:

I am not at all surprised with your departments biased investigations conducted on their own without any demand or request made by the victim of Racial Profiling and selective Enforcement of Law. As I told the Investigating officer Sgt. Elliott on Dec. 12, 2007 itself while participating in this sham investigations that I do not have any trust at all under these types of Internal Affair Investigations conducted in the 566 Towns of New Jersey under the so called “Home Rule”.

I have two very simple questions which I had raised in the past to Attorney General Office, its Biased Crime Unit, a Senator, an Assemblyman, a Mayor as well as Human Relations office and ACLU. I am reproducing them again for your comments:

What interest an officer from your department has in nailing or holding guilty their own colleague with whom he had cup of coffee in the morning, shared lunch in the afternoon and probably going to wine & dine in the evening? This can only be possible if the officer being investigated has become a thorn in the eyes of the other colleagues in the department or in the administration.

What interest the politicians governing the town/state and supposed to be policing the Police Department has in nailing any cop when the Police Force is Unionized and can legally donate money for the campaign of these crooked Politicians?

Coming to your writing that the officer has followed the appropriate department policies and procedures; according to you the following are also acceptable:

Officer can park in the Handicap Parking.

Officer is not supposed to get out of his car if the traffic has stopped for some reasons especially when they are on human hunting under Racial Bias.

Officer can decide after looking at the faces of the driver which one to be issued summons and put his blinkers on after making sure about the color of the person who is to be handed over Summons for a violation which he may not have committed just to meet the Traffic Tickets Quota (for minorities) of the Town.

Officer is supposed to talk in rude language, not supposed to wish back and can dictate in threatening language if he does not like the color or race of a person.

Officer can park illegally facing an intersection.

Officer under Racial Bias can indulge in human hunting if the person is colored and is not supposed to enforce Parking Laws within 1 block on either side where he is waiting to hunt colored & minorities to full fill their Traffic Tickets Quota.

Officer is not supposed to write Parking Violations to white even if he is writing summons to a Car with blinkers on just parked behind the other illegally parked vehicles belonging to whites.

If the colored victim of Racial Profiling and Selective enforcement of Law is taking pictures of the other illegally parked vehicle it is very much as per Union Police Department Policies and Procedures for the officer to make obscene gestures with cruelty and hate reflecting for the race of their victims.

Dear Sir, you may not endorse or support my religious, political or other views, whatever they may, in fact be. I fully respect and honor your judgments because you are entitled to them, at least in America, to freely express your views on any subject. In fact I will defend your right to do so even though your views may be diametrically opposed to mine. For all the above cited reasons the way New Jersey’s 566 Kingdoms including Union are being governed under “Home Rule”; in my opinion is nothing but a Gang Rule. Princely Rulers and their cronies all ganging up against the constituent they are governing.

Any way thank you very much for your biased Investigations based on fabricated lies, which took your department almost 3 months to conduct and another one month to mail to the victim. By the way what your department did with those pictures which your officer Sgt. Elliott picked up from my business on March 25, 2008 at 10.05 AM.? Further do you want to make any comments or denials or modifications on the admissions of your own officer Sgt. Elliott that it has been a long time since any Cultural or Racial Sensitivity Training conducted for Union PD & Patrolman Covallo who is in the force for last 31/2 yrs only never had any such training! Do you want to make any comments on the statement of off duty officer about the existence of Traffic Tickets Quota

Sincerely,
Devendra Makkar

Arrest warrants for exercising Right to Information in Minor Traffic Matters

April 2nd, 2008

Hon. Judge Jonathan Rosenbluth
Union Twp Municipal Court
981 Caldwell Ave.
Union, New Jersey 07081

Re: Summons # UNN638639 & UNN637580 & Motion For Recusal 1-22-08
Court Appearance date 4-08-08 & Bail Forfeiture Notice

Hon. Sir:

The way the above referred matters are being handled that raise serious credibility questions and ability to do fair & equal justice on the part of the Honorable Court.

First of all on fabricated lies Arrest Warrants were issued and over zealous Union Police got them executed at a lightning speed thru their equally racist counterparts Springfield PD that too for a minor Traffic matters against the Defendant who is a respectable law abiding citizen of this country. Then despite Defendant being present in the Court on Jan 22, 2008 a Notice of Failure to Appear with a threat of arrest were issued on 2-01-08; all of these to cause mental, emotional, financial and physical agony to the Defendant.

Now Bail Forfeiture Notice despite Judge Waters who was very apologetic on 1-22-08 after admitting Arrest Warrants was issued by mistake. She also said that Bail Money will be returned. On the issue of Recusal Motion, Judge Waters said she will take a decision in “WRITING” by 1-29-08.

Under the Law as well as Judge Waters own admittance rather than sending written decision on the Recusal Motion the Court thru Union County Municipal Division Manager Mr. D’Ecclessis sent a message dated 3-24-08, “that Judge Waters has denied your Motion and has set a new trial date of April 8, 2008 at 9.00 AM. Next day I did received the Notice for new Court date signed by Your Honor dated 3-25-08 without any decision, which makes it very obvious Mr. D’Ecclessis has taken the decision on behalf of Judge Waters. Under these circumstances and Court’s failure to provide the defendant with discoveries clearly demonstrates that Defendant will not get any justice in this Court and has serious doubts on the credibility and impartiality of the Court.

Defendant’s Recusal Motion is based on precedents in a similar case of Traffic Matter in which Springfield Municipal Court transferred the matters to New Providence Municipal Court. Further Hon. Judge Donald Bogosian up held the defendants Constitutional Right for discoveries so that defendant can prepare his defense properly to prove the complaining officer have indulged in Racial Profiling and Selective Enforcement of Law.

The defendant once again wants to remind the Honorable Court, “In cases where prejudice or bias is raised for recusal, it is unnecessary to prove actual prejudice or bias; instead the mere appearance of prejudice or bias may be sufficient to require disqualification. In the above referred matters as per the Court Records the defendant is accusing the complaining Patrolman Covallo for both the above referred summons of Racial Profiling, Selective Enforcement of Law and for making obscene gestures to the defendant. Then Twp of Union is also accused of collaboration to cover up the existence of illegal “Traffic Summons Quota” in the Twp of Union. This quota; may be it was or is still being used against Colored persons and Minorities. Union Twp’s refusal to provide information under OPRA and their lies on Quota issue has been exposed by Sgt. Eliot of Union PD; who admitted it has been almost a decade “Racial/Cultural Sensitivity Training has been provided to the Union Police Force and Patrolman Covallo who is fairly new being in the force for less than 4 years never had any such training.

If the Honorable Court still wants to decide the above referred matters then it must provide the Defendant with the discoveries requested under defendant’s constitutional rights for a Fair and Open Public Trial. Defendant does not deserve a Trial by surprise or ambush or a trial bull dozed on him in violation of his basic human & civil rights.

Since the Defendant has not been provided with the Discoveries; it is his understanding that his April 8, 2008 Court Appearance is a mere formality. No testimony will be given and no testimony will be taken. In the interest of Equal Justice a fair trial is only possible if Defendant’s discovery requests as per his Constitutional Rights to defend himself have been addressed in a timely and proper manner. Under these circumstances and all the wrong done to him under racial bias, defendant still has faith that Your Honor will take the right decision to uphold the integrity and sanctity of the court. Your Honor will Recuse from the above referred matters in the name of Equal Justice. The Courts in this country are the only forums to provide redress to people of color. It is the moral obligation of the Judiciary to ensure that principles embedded in the Constitution, Statues and Common Law are honored regardless of what the Majority thinks.

Respectfully Submitted,

Devendra Makkar (Defendant)

Sham Investigations by Municipal Div Manager under Home Rule

March 27, 2008

Superior Court of NJ, Union Vicinage
Municipal Division Manager
Union Court House
Elizabeth, New Jersey 07081

Re: Summons #UNN 638639 & 637580 & Your Letter dated 3-24-08

Dear Mr. D’Ecclessis:

I am not at all surprised with your response full of misrepresentations in the above referred matters. When you can not take any action against a communal, corrupt & incompetent municipal Judge Steven Firsichbaum of Springfield for allowing his court to be used as Ethnic Party Room for eating & drinking, false witnesses, non-existent fabricated evidences, woman cop Kahora stopping 5 & 9 yr old at gun point and a colored woman racially abused, coerced, intimidated and called con artist by the racist members of this judge’s community; then how I can expect any justice from you? For your information it is now almost 2 years that Springfield has yet to deliver Transcripts of that case and you were also notified about it but you prefer to take no actions.

As per your investigations/misrepresentations that I failed to appear in the Court on 12-3-07, where as the fact of the matter is I have filed for written adjournment till I am provided with discovery requests and clubbing of both summons (copy enclosed). This can also be verified from the transcript of the court for 1-22-08 in which Judge Waters was very apologetic on the issue of issuing my arrest warrants on 12-7-07. The same day without getting into the details I requested the Judge that I do not want to be prosecuted by Michael Witenberg another racist person who was involved with the Springfield matters and sarcastically told me in his chambers that he knows me from Springfield.

If you have really reviewed all the correspondence and attachments as you claim in your letter why you have not answered a simple question concerning Irvington Municipal court and my last 10 years experience with the Courts. For almost a decade I have never seen such a lightning speed of issuing Arrest Warrants that too in a small Traffic Matter on the very first non-appearance and getting it executed in less than a week. My experience is no judge issue arrest warrants on the very first non-appearance and no Police Department is willing to get the Arrest Warrants executed thru a different Town’s PD and in the case of Irvington PD not in their own Town also. I can tell you so many incidents where arrest warrants are pending for 2-3 years for serious check frauds. For your satisfaction in more recent incident arrest warrants issued on 7-16-07 for S2007-2020-22 by Irvington Municipal Court are still pending against Natasha Johnson who till last month was running 2 Child Care Centers in Irvington for writing bad checks.
Union County Municipal Division Manager

March 27, 2008 Page 2

In my case Arrest Warrants were issued under racial bias deliberately and knowingly that there is a written request with the Court for adjournment and clubbing of both the above referred matters. Above all I am raising the issue of Traffic Summons Quota in the Township of Union which may be primarily used for Colored and Minorities. Then I am also raising the question of no training to Union PD for Racial/Cultural Sensitivity for more than 5 years and the Patrolman Covallo who wrote both the summons have done it knowingly under racial bias and selective enforcement of Law.

Then your letter is totally silent on the issue of Notice of Failure to Appear issued against me on 1-22-08 with a threat of Arrest Warrants and demand to Pay $64.00 before 2-13-08? Where as the fact of the matter is I was present in the Court on 1-22-08 and Judge Waters told me that she will decide by 1-29-08 on the issue of her recusal. Till date I have not heard any thing from the Judge rather your letter is informing me that she has denied my Motion for her Recusal and my next Court appearance is 4-8-08 that too knowingly that I have not been provided with the discovery requests made to the Court on 11-29-07 without that no Fair Trial can be held because that is my constitutional right to have discoveries so that I can effectively prepare my defense.

All the above facts proves that all your reviews and response are based on imaginary or fabricated facts and misrepresentations. You still think I will get justice in the Union Municipal Court who has issued first my arrest Warrants then Notice of Failure to Appear and has yet to provide me with the discovery requests all under racial bias just to intimidate me, harass me mentally, emotionally, financially and physically?

Very truly yours,
Devendra Makkar

www.savethehills.blogspot.com

Home Rule breeds corruption in Municipal Courts

Jan. 22, 2008

Hon. Judge Jonathan Rosenbluth
Union Twp Municipal Court
981 Caldwell Ave.
Union, New Jersey 07081

Re: Request for Transfer of matters related to Summons # UNN638639 & UNN637580
to some other Courts or Adjournment till the Defendant is provided with discovery
requests made in full, copy of the Internal Affair Investigation conducted by Union
Police and decision taken on the Pending Complaint against Union township & Union
Police with Attorney General’s office for having a Traffic Summons Quota

Honorable Sir:

Looking at the over zeal of the Honorable Court in issuing an Arrest Warrant for the Defendant in a minor Parking matter despite written request to combine all matters and non-cooperation of the Union Twp in providing Discovery; it will be in the interest of the Justice that the Honorable Judge Recuse himself from the above referred matters.

The defendant is a respectable citizen and has been running a check cashing store for almost a decade and has never seen such a lightning speed of issuing Arrest Warrants & getting it executed for very first non-appearance even for complaints filed for doing check frauds & writing bad checks. Just to give an example to the Court; arrest warrants issued by Irvington M.C. on 7-16-07 S2007 2020-22 for 2nd non appearance in the Court against Ms. Natasha Johnson for writing bad checks are still pending. The most interesting is defendant Ms. Johnson’s business Rise & Shine Day Care Center is ½ block from the Plaintiff besides one more location she has on Chancellor Ave. in Irvington. Ms. Johnson freely drives from Irvington to her home in Edison 5 days a week. Defendant can quote numerous cases where the Arrest Warrants are pending for more than a year.

Why all this special efforts by Union Police & Court despite a written request for adjournment for some one who had nothing in his record other than helping the Law Enforcement with his own life & money in the arrest of people doing financial & identity frauds?” Why all these special efforts, because I happen to be a brown skin who has raised his voice against Racial Profiling, Selective Enforcement of Law, Obscene Gestures by a Union Patrolman in uniform and above all existence of unconstitutional Quota for Traffic Summons which can be misused for dark skin & minorities?

Further an Internal Affair Investigation was conducted in this matter by the Union Police and Defendant’s statement was recorded by Sgt Elliott on 12-18-07. Defendant asked some questions to the Sgt. (Copy enclosed) which clearly demonstrates the Patrolman Covallo who issued Racially Biased Summons under selective enforcement of Law and made obscene gestures had not gone any kind of Cultural Sensitivity Training as well as any training in basic manners and etiquettes. Most disturbing is; it has been a while such trainings were conducted for the Union Police Force. If the IA investigation has been concluded Defendant has the Right to a copy of the Report which may be helpful in the defense of the Defendant.

On top of this Defendant has filed a Complaint against Union township and Union Police for having an illegal Traffic Summons Quota to the Attorney General’s office. (Copy enclosed). In that Defendant has expressed his fears that this Quota is primarily misused for Dark Skin & Minorities. Before any Fair Trial can be held; it will be prudent on part of the Court to wait for the out come of this complaint as well as IA report.

Defendant wants to bring on Record that existence of Traffic Summons Quota in Union Twp was confirmed by some one claiming to be off-duty Cop on 11-27-07. This person objected to Defendant taking pictures of his SUV ULM 11R parked in between 2 cars EMF 19 Altima on back & USW 46 H in front out side 988 Stuyvesant Ave. in the Loading Zone. Unfortunately the existence of such a Quota in Springfield was confirmed by on Duty Sergeant in Uniform inside the premises of Springfield PD on 12-13-07.

On Recusal: NJ rules of courts provides, in pertinent parts, that a judge should disqualify himself sua sponte in any proceeding where the judge’s impartiality may reasonably be questioned, including instances where: (1) “the judge has given an opinion [on] a matter in question in the action”; (2) “the judge is interested in the event of the action”; and (3) “where there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might reasonably lead counsel or the parties to believe so”. R. 1:12-1.Any party may also request a judge’s disqualification on motion made to that judge delineating the reasons for the recusal requests. R. 1:12-2. The initial decision on such motion is of course discretionary. While the initial decisions are entrusted to the sound discretion of the judge whose recusal is sought, it is improper for a judge to withdraw from a case merely because of suggestions. In cases where prejudice or bias is raised as basis for recusal, it is unnecessary to prove actual prejudice or bias; instead the mere appearance of prejudice or bias may be sufficient to require disqualification. Nevertheless, determinations of appearance of bias or unfairness must be predicated upon a standard of objectivity and reasonableness. Id. In more specific terms, the judge who hears a motion for recusal should clearly set forth the “objective and subjective bases for the ultimate decision.” Id at 67. Since this is a discretionary decision, looking at the gravity and seriousness of the matters; Your Honor will take the right decision to uphold the integrity and sanctity of the Court. The Courts in this country are the only forums to provide redress to people of color. It is the moral obligation of the Judiciary to ensure that principles embedded in the Constitution, Statues and Common law are honored regardless of what the Majority thinks.

Respectfully Submitted,
Devendra Makkar (Defendant)

cc: Hon. Ann Milgram, Office of the Attorney General, POB 680 Trenton, NJ 08625

Internal Affair Investigations Insult to Public & Waste of Tax Payer Money

MEETING WITH SGT. ELLIOTT CONDUCTING INTERNAL AFFAIR INVESTIGATIONS ON 12-18-07

I reached Union PD 10.55 AM, had to wait 25 minutes. The Sgt showed up at 11.20 AM and the meeting lasted till 12.15 PM.

Initially Sgt refused to answer the attached questionnaire and told me, “that is not the way we conduct investigations. I am not going to answer your questions and you can refuse to answer mine.”

Dave: “I am not refusing any thing I just want to feel comfortable and want to know about the credibility of the officer conducting investigations. If you can answer these questions that will do it.”

Sgt.: I will not write any thing.

Dave: Ok I will write you can just answer.

Name of the investigator: Sgt. Elliott

Rank: Sgt.

Years with Union Police: 24 Years

How long known to Patrolman Cavallo: No Answer

Have you ever worked like joint patrolling with Patrolman Cavallo: No Answer

If yes when was the time you both worked together & for how many months: No answer.

When was the last time you have under gone Cultural Sensitivity Training: Can’t give a number or date, it has been a while. This particular officer (Covallo) never had any training; he is fairly new in the department since last 3 ½ years.

When was the last time you have under gone basic manners & etiquettes training: None

Will you confirm the existence of Traffic Summons Quota as confirmed by one of the Union PD officer: No, we don’t have any you know that it is illegal to have such a quota.

When I was leaving Sgt Elliott told me he also Park at the Unloading Zone by Union theater & Blue Ribbon Bakery and he knows it is illegal!

This is the same spot where I was given Summons under selective Enforcement of Law with my Blinkers on & my one foot was inside the Bakery entrance. Despite the fact 2 Cars were already parked for a long time & occupants’ one white couple & a man were eating breakfast inside Blue Ribbon Bakery. I went there to pick up a Pie kept for me.

Racially Motivated Parking Summons Dismissed by New Providence Judge

RACIALLY MOTIVATED SUMMONS DISMISSED

Hon. Judge Donald Bogosian, Municipal Judge, New Providence, NJ. 9-15-5 (10.15 P.M.

RE: SPRINGFIELD TRANSFER CASE RACIALLY MOTIVATED SUMMONS # K-047616 NO PARKING 2-6 A. M. ISSUED BY SPRINGFIELD POLICE ON JULY 20, 05 BY BEING PREJUCICED, INTIMIDATING & COMMUNAL

Honorable Judge Donald Bogosian dismissed the racially motivated Summons # K-047616 against the ill-conceived, ill-motivated, illegal opposition/ protests & misrepresentation of Public Prosecutor Robert Thelander appearing on behalf of the corrupt/communal Springfield Police Chief/Officer. I was representing myself on my own. Honorable Judge upheld my rights to my defense and he further stated that I am entitled to the information requested from the Springfield Police.

Hon. Judge: Mr. Makkar do you feel you have been singled out?

Makkar: Yes Sir.

Hon. Judge: To the Prosecutor Thelander why I was not provided with the Specific information requested on Aug. 30,2005?

Prosecutor: He asked for carte blanche things and that was turned by you. Well the only one I got here was the one that was on Sep. 12th which is what, 3 days ago and here we are at trial. (he had replied to 8-30-05 request)

Judge: I am talking about the letter he wrote to the chief of police on Aug. 30th requesting information from the police department. And what the court had denied is a number of Subpoenas. Clearly from the tenor of the defendant’s letters back and forth, it appears that he believes that there was selective enforcement. Am I correct Sir (To Makkar)?

Makkar: Yes, Sir.

Judge: Since the defendant has raised the issue of selective enforcement and since I think it is important that he have the information available to him, that since it wasn’t provided and I have no reasonable explanation as to why it wasn’t provided, the court is strongly considering to dismiss the summons. The court did not deny his right to receive certain information to prepare his defense of the ticket. As a result court is dismissing the Complaint.

As per the Court Transcript received 10-18-05

INFORMATION REQUESTED ON AUG. 30, 05 from S.P.D. were responded by Mr. Thelander by saying, “I will not supply you with the Summons requested in # 1, 2 & 3 of your 8-29-05 letter requested as they do not appear to be relevant or material to the pending parking ticket.” Sep. 12th was a reminder. He lied in court.

Aug. 30, 2005

Ms. Macrina Carra, Ct. Adm.
New Providence Municipal Court
360 Elkwood Ave.
New Providence, New Jersey 07974
Fax: 908 665 9873

Re: Springfield Twp. transfer case Racially Motivated Summons # K-047616, Request for new trial date and some records from the Springfield Police Department.

Dear Ms. Carra:

Respectfully I would like to submit that I am the Manager of a Check Cashing Store in Irvington. I am the only male member in this store. Thursdays and Fridays are our very busy days and we close at 8.00 P.M. After that I do need 30-40 minutes to reconcile cash. On both these days we do carry substantial amount of cash on premises.

The trial date Sep. 29, 2005 is a Thursday that can create security risk for the business as well as for the female staff working at the store. If it is at all possible for the Honorable Court to grant me a new date for any other day of the week except Thursday and Friday, I will be highly obliged.

Further I request the Honorable Court to call for the following documents from the Springfield Police Department and copies of the same should also be provided to me well in advance of the appointed Court Date:

1. Number of summons issued under 2 –6 A.M. (7-14) for the year 2004 on Ashwood Rd. and Statile Ct. (Please note Statile Ct. is a cul-de-sac facing my property on Ashwood Rd.

2. Number of summons issued under 2-6 A.M. (7-14) for the period Jan. 1, 2005 to June 30, 2005 on Ashwood Rd. and Statile Ct.

3. Copies of all summons issued under 2-6 A.M. (7-14) for the period July 1, 2005 to Aug. 28, 2005 on Ashwood Rd. and Statile Ct.

Thank you for your anticipated help in this matter.

Very truly yours,

Devendra Makkar.

cc: Ms. Agudosi, Head of Biased Crimes, A.G. Office, Trenton. Fax: 609 219 6595