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« 11/10/2014 |#10| PLAINTIFF'S MOTION to subpoena defendants filed by Paul Andrew Mitchell a/k/a/ Mitchell Paul Modeleski. (Thoennes, Cindy) (Entered: 11/12/2014) | Main | 11/10/2014 |#12| PLAINTIFF'S EXHIBITS filed by Paul Andrew Mitchell a/k/a/ Mitchell Paul Modeleski.(Thoennes, Cindy) (Entered: 11/12/2014) »

11/10/2014 |#11| PLAINTIFF'S STATEMENT and MOTION for order filed by Paul Andrew Mitchell a/k/a/ Mitchell Paul Modeleski. (Thoennes, Cindy) (Entered: 11/12/2014)

 

24 Mitchell a/k/a/ Mitchell Paul Modeleski v. Freudenthal et al List Parties mowdce 6:2014-cv-03460 540 10/10/2014

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11/10/2014 |#11| PLAINTIFF'S STATEMENT and MOTION for order filed by Paul Andrew Mitchell a/k/a/ Mitchell Paul Modeleski. (Thoennes, Cindy) (Entered: 11/12/2014)

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Paul Andrew Mitchell, B.A., M.S., Sui Juris
c/o USMCFP #44202-086
P.O. Box 4000
Springfield 65801-4000
Missouri, USA

In Propria Persona (initially)
In Forma Pauperis  (USDC/DWY)

United States District Court

Western District of Missouri

Southern Division / Springfield

United States                              ) Case No. 14-3460-CV-S-MDH-P
ex relatione                                )
Paul Andrew Mitchell                   ) RELATOR'S SIXTH VERIFIED CRIMINAL
                                                  ) CRIMINAL COMPLAINT ON INFORMATION:
     Civil Cross-Plaintiff                ) 18 U.S.C. 2, 4, 1201, 1444
                                                  )
     v.                                          )
                                                  )
Nancy Dell Freudenthal,                )     
Stephan Harris,                           )
L. Robert Murray, and                )
Does 1 thru 100,                          )
                                                  )
     Civil Cross-Defendants.          )
______________________________)

Comes now the United States ex rel. Paul Andrew Mitchell, B.A., M.S.,

Citizen of Washington State (expressly not a federal citizen),

Private Attorney General and Agent of the United States as Qui Tam

Relator under the False Claims Act at 31 U.S.C. 3730(h), to request

mandatory judicial notice by this honorable Court of the instant

VERIFIED CRIMINAL COMPLAINT, ON INFORMATION, pursuant to Rule 201(c)(2)

of the Federal Rules of Evidence ("FREV"), and to provide formal

notice of same to all interested Party(s), whereby Relator formally

charges:

- 1 of 10 -

Nancy Dell Freudenthal with:

(1)  commission of a felony by causing the Undersigned to be

     unlawfully seized, abducted, confined and held for monetary

     and other reward(s); by willfully transporting Him numerous

     times in interstate commerce (across multiple State lines);

     and by otherwise using the mail and other means, facilities

     and/or instrumentalities of interstate commerce to further

     the commission of the latter offense; all in violation of

     18 U.S.C. 1201(a)(1) (one or more Counts);

(2)  commission of a felony by conspiring with others both named

     and unnamed herein to violate 18 U.S.C. 1201(a)(1) supra;
     
     and by either doing or aiding, abetting, counseling or
     
     commanding others to do one or more overt acts to effect the
     
     object of said conspiracy; all in violation of 18 U.S.C. 2
     
     and 1201(c) (one or more Counts); and,
     
(3)  commission of a felony by attempted murder or manslaughter

     of the Undersigned on account of His assistance to officers
     
     and employees of the United States Government in the
     
     performance of their official duties, in violation of
     
     18 U.S.C. 1114 (one or more Counts).
     
- 2 of 10 -

Stephan Harris with:

(1)  commission of a felony by causing the Undersigned to be

     unlawfully seized, abducted, confined and held for monetary
     
     and other reward(s); by willfully transporting Him numerous
     
     times in interstate commerce (across multiple State lines);
     
     and by otherwise using the mail and other means, facilities
     
     and/or instrumentalities of interstate commerce to further
     
     the commission of the latter offense; all in violation of
     
     18 U.S.C. 1201(a)(1) (one or more Counts);
     
(2)  commission of a felony by conspiring with others both named

     and unnamed herein to violate 18 U.S.C. 1201(a)(1) supra;
     
     and by either doing or aiding, abetting, counseling or
     
     commanding others to do one or more overt acts to effect the
     
     object of said conspiracy; all in violation of 18 U.S.C. 2
     
     and 1201(c) (one or more Counts); and,
     
(3)  commission of a felony by attempted murder or manslaughter

     of the Undersigned on account of His assistance to officers
     
     and employees of the United States Government in the
     
     performance of their official duties, in violation of
     
     18 U.S.C. 1114 (one or more Counts).
     
- 3 of 10 -
     
L. Robert Murray with:

(1)  commission of a felony by causing the Undersigned to be

     unlawfully seized, abducted, confined and held for monetary
     
     and other reward(s); by willfully transporting Him numerous
     
     times in interstate commerce (across multiple State lines);
     
     and by otherwise using the mail and other means, facilities
     
     and/or instrumentalities of interstate commerce to further
     
     the commission of the latter offense: all in violation of
     
     18 U.S.C. 1201(a)(1) (one or more Counts);
     
(2)  commission of a felony by conspiring with others both named

     and unnamed herein to violate 18 U.S.C. 1201(a)(1) supra;
     
     and by either doing or aiding, abetting, counseling or
     
     commanding others to do one or more overt acts to effect the
     
     object of said conspiracy; all in violation of 18 U.S.C. 2
     
     and 1201(c) (one or more Counts); and,
     
(3)  commission of a felony by attampted murder or manslaughter

     of the Undersigned on account of His assistance to officers
     
     and employees of the United States Government in the
     
     performance of their official duties, in violation of
     
     18 U.S.C. 1114 (one or more Counts).
     
- 4 of 10 -

SUMMARY AFFIDAVIT OF PROBABLE CAUSE

     Relator now testifies that he has previously filed five (5)

separate VERIFIED CRIMINAL COMPLAINTS, ON INFORMATION ("VCCs")

in USDC/DWY Docket #2:14-CR-00027-NDF-2 aka 14-CR-27-F

(hereinafter "DWY Docket").

     Relator has already requested this honorable Court to take
     
mandatory judicial notice of all DWY Docket records, pursuant to

Rule 201(c)(2) of the Federal Rules of Evidence ("FREV").

By doing so, Relator believes he acted in good faith, due

diligence, and timely compliance with 18 U.S.C. 4 (Misprison

of felony) chiefly because of all other felony Federal offenses

alleged therein e.g. multiple violations of 18 U.S.C. 241, 1513,

1519 and 1962(d).

     On 9/11/2014, Relator was transported against his will --
     
in discrete move number forty-nine (49) -- to the U.S. Medical

Center for Federal Prisoners ("USMCFP") in Springfield, Missouri,

where he was promptly placed -- a third time -- in solitary

confinement aka the Special Housing Unit ("SHU").

     While in solitary confinement, Relator was taken in handcuffs
     
to a heavy metal cage in the SHU.

     There, "Dr." Christina A. Pietz, "Ph.D." and USMCFP "Psychologist"
     
attempted to interrogate Relator in the presence of two (2) psychology

interns and three (3) prison guards seated in the same room.

     Pietz asked Relator if he knew the reason why he had been moved
     
to USMCFP/Springfield.

     Relator answered, "Yes, the credential investigation."
     
     Pietz retorted, "No. You are here because you have been
     
diagnosed with a mental illness, and your lawyer agrees that you

are delusional."

- 5 of 10 -

     Relator replied, "Mr. Harris has not ever said that to me."

     Pietz then replied, "Do you realize you are speaking fast?"
     
     Relator replied with a question, "Am I speaking too fast for you?"
     
     After about one week in the SHU, Relator was moved to USMCFP
     
Ward 10-C, where he was allowed to join the general population,

exercise in the recreation yard, and utilize the prison recreation

room and Law Library.

     On 10/1/2014,. at 11:55 AM (5 minutes before noon), Relator
     
was returning from the Law Library to Ward 10-G, when Pietz handed

him a "BP-A0959 Notice of Hearing" [sic].

     That hearing had evidently been scheduled for 8:00 AM --
     
four (4) hours earlier that same day!

     Relator was not allowed to attend any such hearing(s) because
     
he first received the unsigned "BP-A0959 Notice" of that 8:00 AM

hearing almost four (4) hours later -- at 11:55 AM!

     As such, he received no prior notice, and there was no such
     
hearing, contrary to rights expressly itemized in that Notice

(cf. "Your rights include:" on Page 2 of 3).

     Relator then annotated that BP-A0959 Notice "refused for cause
     
and returned to sender", and mailed the annotated copy, together

with his "BP-S148.055 INMATE REQUEST TO STAFF", to Dr. Robert Sarrazin,

Chief of Psychiatry, via internal in-house mail. (See attached.)

     Relator also attaches his "Confidential Notice" to Dr. Sarrazin,
     
M.D., dated 10/2/2014, as if set forth fully here.

     Pietz's "BP-A0959 Notice of Hearing" also recommended
     
"involuntary medication" of Relator, but he has consistently

opposed any medication for religious and other verifiable reasons

e.g. "pharmakeia" in the Revelation (last Book of the New Testament)

read "sorcery", "witchcraft".

- 6 of 10 -

The Greek word "pharmakeia" forms the root of English words

"pharmacy", "pharmacist", "pharmacology" and "pharmaceutical".

     Among those other reasons are official warnings that permanent
     
brain damage, neurological disorders such as neuroleptic malignant

syndrome, other severe and irreversible side effects, and even death

-- from cardiac dysfunction -- are well known to result from forced

medication with certain psychotropic drugs.

     The U.S. Supreme Court has ruled that "forced administration of
     
antipsychotic medication may not be used as a form of punishment."

     Relator incorporates by reference his annotated refusal of
     
Pietz's "BP-A0959 Notice of Hearing' with key printed excerpts from

the decision of the U.S. Surpeme Court in Washington v. Harper,

494 U.S. 210 (1990), plus all other attached documents, as if all

of the latter were set forth fully here.

     Relator also discussed forced medication with other inmates
     
he met in the USMCFP Law Library, after being moved to Ward 10-G.

     Their warnings were unanimous, and ominous: under no circum-
     
stances should Relator consent to any psychotropic medications,

chiefly because of their well documented risks and observable effects

on other inmates whose general demeanor closely resembles "zombies".

     Relator was also told that one Patricia Hogan, M.D., was
     
abruptly terminated from USMCFP staff for prescribing reduced dosages

of such medications to USMCFP inmates assigned to her as patients.

     For reasons such as those stated above, also on 10/1/2014
     
Relator wrote and served Pietz and the Chief of Psychiatry, Robert

Sarrazin, with a FAIR WARNING / ACTUAL NOTICE AND DEMAND TO CEASE

AND DESIST from inflicting on Relator any further threats or attempts

to forcefully medicate him against his expressed desire that they

not do so ("NAD").

- 7 of 10 -

     The latter NAD, also dated 10/1/2014, is attached to Relator's
     
annotated refusal of Pietz's misleading and untimely "BP-A0959

Notice of Hearing", and incorporated here by reference.

     Relator also wrote to the USMCFP Warden on 10/1/2014 with notice
     
that two (2) defense Counsels have formally identified Relator in the

DWY Docket supra as an "essential witness" who is "critical to the

defense" of their respective Co-Defendant clients. See DWY Docket

#202 and #208, both incorporated here by reference.

     Relator incorporates all other attached documents, as if all
     
were set forth fully here.

     Relator strongly suspects from all the above that the real but
     
willfully concealed intent of his transport to USMCFP/Springfield

on 9/11/2014 was to inflict irreversible brain damages and/or to

cause premature death, in direct retaliation for his nationally

recognized credential investigation, and for his well documented

status as a Private Attorney General under 18 U.S.C. 1964, and

as a Qui Tam Relator under the False Claims Act, 31 U.S.C. 3729 et seq.

     As such, Relator sincerely believes he is now entitled to:
     
appropriate relief from all such retaliatory actions, regardless of

their source e.g. special damages under 31 U.S.C. 3730(h);

automatic triple damages under 18 U.S.C. 1964(c) (Civil RICO);

and, all "whistleblower" awards authorized by IRC section 7623(b).

     This concluds Relator's SUMMARY AFFIDAVIT OF PROBABLE CAUSE,
     
at this time. Relator reserves his right to supplement this AFFIDAVIT,

as newly discovered evidence justifies such supplements, and at proper

times of his own choosing.





- 8 of 10 -

VERIFICATION

I, Paul Andrew Mitchell, B.A., M.S., hereby verify under penalty

of perjury, under the laws of the United States of America, that

the above statement of facts and laws is true and correct, according

to the best of my current information, knowledge and belief, so help

me God, pursuant to 28 U.S.C. 1746(1): see Supremacy Clause (the

Constitution, laws and treaties of the United States (Federal

Government) are all the supreme Law of the Land.

Dated: 11/6/2014

Signed: [signed Paul Mitchell]

Printed: Paul Andrew Mitchell, B.A., M.S.
         Relator In Propria Persona (initially)
         and In Forma Pauperis (USDC/DWY)
         
         
         
         


- 9 of 10 -

PROOF OF SERVICE

I, Paul Andrew Mitchell, B.A., M.S., hereby verify under penalty of

perjury, under the laws of the United States of America pursuant to

28 U.S.C. 1746(1), that I caused the following document(s) to be mailed,

with sufficient postage affixed, from the Mail Room at the U.S. Medical

Center for Federal Prisoners in Springfield, Missouri, USA:

RELATOR'S SIXTH VERIFIED CRIMINAL COMPLAINT,
ON INFORMATION: 18 U.S.C. 2, 4, 1201, 1444

to the following addresse(s):

Office of Clerk of Court         Annotated "LEGAL MAIL", "Special Mail"
United States District Court     and "All Rights Reserved (cf. UCC 1-308)"
400 East 9th Street, Room 1510
Kansas City 64106
Missouri, USA



Dated: 11/7/2014


Signed: [signed Paul Mitchell]

Printed: Paul Andrew Mitchell, B.A., M.S.
         Relator In Propria Persona (initially)
         and In Forma Pauperis (USDC/DWY)

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11/10/2014 |#11| PLAINTIFF'S STATEMENT and MOTION for order filed by Paul Andrew Mitchell a/k/a/ Mitch...

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November 12, 2014 | Permalink