Jordan Fogal

Blackmailed …Arbitration or no car to drive to work.

How dare they take away my sons' constitutional rights after all they have done to this family!

I cannot believe the pictures I see, the homes I visit and the people I talk with.

What has happened to our county? We have no recourse.

My son called today and was buying a new car and he told them no arbitration clause (the American Arbitration Association was specified) and they said you cannot buy a new car without signing one. We will not sell it to you ... if you do not sign.

So my son was forced to sign away his 7th amendment rights or not have a car to drive to work.

Excuse me! There are lemon laws for cars and still nothing.

The same applies to homes. No one cares what happens to those of us who would like to live in a house.

I was safer living in a tent in the Girl Scout ... than I was in my $360,000 home. I didn't get rained on, or shocked ... and there was clean air and I wasn't made ill by toxic mold.

There just are no words! Where is the outrage, as Bill Bennett wrote?

Scream-write-call -holler- make some noise for God sake before we are all living in favellas like they do in Brazil.

Jordan Fogal: Author Bio | Other Posts
Posted at 4:05 PM, Dec 11, 2006 in
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What is wrong with going to court with the truth?

I am tired; I am stressed; I want the federal lawsuit. It is the only way I am going to get back some dignity, and feelings of self-worth I had before the Bill Pemberton/Lynn Markham court fiasco. While that may mean nothing to you, or the state, it is important to me.

I realize the difference between ignorance and stupidity is facts. Ignorance does not know the facts, while stupidity refuses to accept them. Now, I may have been ignorant about the power Lynn Markham and Bill Pemberton had, but I need not be stupid.

The constitution is clear:
Lynn Markham should not have been on that bench.
Bill Pemberton should have in no way been capable of getting a fraudulent test in Houston County. And there should have been no court on August 20th 1998 when I was given 30 days to respond and only 8 working days had passed before court was held.

File the lawsuit. Include the State of Texas. It is negligence under law to deny one what is due and I am due the rights guaranteed by the constitution. The federal courts have already ruled a state cannot pick and choose which parts of the constitution they agree with and ignore the parts they do not choose to see. Certainly, no judge in a county courtroom has that power.

I have explained before, but hopefully by putting it in writing it will become clear:

You cannot separate what happened to me anymore than you can separate the bodies of those who died in a plane crash. Where you might piece the bodies together, you cannot separate the bodies from the crash. The same is true in this case. Sadly, if I had been the victim of a plane crash there would be lawyers crawling out of the woodwork wanting a part of it. That it happened in a courtroom should not preclude that.

If you read Janet Reno’s writing on Gideon v. Wainwright you will note she asserts that the courts were left to the citizens to make the necessary changes to ensure our system works. Unfortunately, in the UPL state of Texas, the citizen has to have a lawyer to be heard in a courtroom. Those who can not afford a lawyer, will not get to court, will not be heard, and thus, have no chance at justice. In effect, the courts doors have been closed, barred, and locked by UPL.

Yet, it is not the intent of law to oust the citizen. Rather, it is the lawyer who finds the constitution detrimental to business. And it is ironic that courts, established to protect the rights of the citizens, are often used to separate the citizen from them. Then when the citizen says, ‘you can’t do that,’ it is the lawyer that does not want to do the very thing they were tasked to do, which is to protect the rights of the citizen. But in my small mind somewhere, I recall the federal courts having ruled we have the right to have counsel who is more than a warm body standing next to us; someone who will give us a voice.

The Code of Conduct, put in place by the Supreme Court of the State of Texas in November, 1989 evidences there are a certain minority of lawyers in this state that do a disservice to the consumers and the citizens living here. It states positively the court wants to do away with that minority. Bill Pemberton and Lynn Markham may not admit it, but they are part of the minority. They violated the constitution, the laws of the State of Texas, and me, as a disabled person and human being. There is nothing fair, honorable, or allowable about that.

Now the easiest way to understand how I feel is to go to a rape crisis center and talk to some of the victims. That will give you a good understanding of PTDS. One does not try to relive those events. One does not want to relive those events. But it happens.

You go to bed to sleep and it is there. You wake up in the morning and your first thought is ‘Bill Pemberton.’ Or something happens during the day, pure coincidence, but it brings it all back. Your whole life is shattered by remembrance of events you had no control over, when you least need, or expect it.

I spend days stymied, stressed; unable to forget how pathetically cruel a rapist is to do the things he does to his victim. Bill Pemberton and Lynn Markham are no different. Their actions were precipitated for the same reason, disgrace, dishonor, and agonizing trauma. I still recall looking at Bill Pemberton and knowing he was telling me, “I get to do all this and get paid too.”

Gerry Spense calls them ‘hired hit-men.’ Certainly, they demonstrate no care for law when they violate it in so many ways. Nor do they care about the citizen when they have emotionally and mentally raped them leaving them feeling worthless, abused; to die.

In effect this federal lawsuit is for the good of every citizen in Houston County, and across the state. It clearly demonstrates how a court should not be run.

Although I have admitted that I feel sympathetic to your situation, I recognize trying to be sympathetic to their situations is not in my best interest, nor in the best interest of the citizens living in Houston County, nor the best interest of my child. Those who would benefit most are the likes of Bill Pemberton and Lynn Markham who will continue putting others under duress, threat, and promise of harsher action if they do not get their way. And even if they have no power to bring the federal laws they promised to use against me, they remain a threat to rape any human being in a courtroom, just as they did me, leaving that person feeling helpless, hopeless, disgraced, impoverished and homeless.

I am sorry you consider them friends, but that does not preclude the constitution, or the rights guaranteed under it. And if the State of Texas chooses to deny the citizens fair courts with honorable judges, they need to sue the federal government to gain that right.

Truly, if you could live one day in my shoes, you would willingly run to the federal courts, because these ideas would mean something to you. If you could only feel what I go through daily we would have been in federal court years ago. But if you could go back and sit in that courtroom, see how these people acted and not be ashamed, then I need another lawyer.

I need one who will defend me. One who will tell the state the constitution still applies.
Certainly I need one who will point out the stupidity (that is what it truly is) of leaving a disabled person homeless, without transportation, an inability to see his children or to meet the demands placed on him.

I need someone who will point out the state is continuing to run up a bill on a disabled veteran knowing he will never be able to meet those demands, or have adequate housing, or become self sufficient. What is the problem with telling the truth?

I am the end result of the Lynn Markham/Bill Pemberton courtroom rape. And just like the rape victim, beaten, tortured, and left for dead in a ditch, I survive albeit, on counseling, prescriptions, and handouts. And like the rape victim, have no hope of getting back to normalcy in this lifetime.

File the federal lawsuit for when courts are held by Lynn Markhams and Bill Pembertons they become destructive in the lives of the people who come before them. These people rape the citizen, leaving them feeling worthless, filthy, disgraced; and like the rape victim those people will carry those scars to their grave.

Bill Pemberton and Lynn Markham should pay every cent of the child support the state says I owe. They should pay for every pill I’ve taken and will take, and every counseling session I’ve been through, or will go through.

I realize no court can give me the peace I had. No court can give me back the time I lost with my son. No court can undo the mental and emotional damages, or the hours I spend in counseling, or the poverty Bill Pemberton and Lynn Markham left me in, but the monies they pay in damages done will help my child.

In America we are promised judges and lawyers who hold life and the welfare of the citizen in high regard. We are promised people we can trust to protect our rights so that we are not forced to give up when it benefits the state. We are promised these unalienable rights to preclude such actions as I was subjected to by Lynn Markham and Bill Pemberton.

Now if your friendship stands in the way of filing a federal suit, or pointing out I am only guilty of being poor, disabled, and victimized by the Houston County Court system then please, go into the courtroom and tell the judge this, so I can be given counsel that will not be hindered by these issues. I am tired of the stress, tired of trying to be understanding, and tired of trying to bear a burden placed on me by greed and corruption.

I am tired like Rosa Parks, tired like Martin Luther King, tired like Mahatma Ghandi, mostly I am tired like Winston Churchill who said, “Men will often stumble on the truth, get up, dust themselves off, and proceed around it.”
While Lynn Markham, Bill Pemberton, and every lawyer representing the state might choose to do just that, I am left to live the horror of being raped in a courtroom with no hope of a future, left unable to help my child. And that is wrong.

Doing the best we can for our children is ingrained in the human spirit. We should not need a law to tell us what our children deserve. But we have one. And when this law is misused, abused and bastardized, it only serves to disenfranchise the poor, making them guilty by poverty. God knows I am not guilty of not wanting to help my child; I am only guilty of being poor, disabled, and in counseling from the rape game played by a judge and lawyer who do not care about people, my child, your child, or this nation. And none of this helps the child. Least of all it helps any child who see their parents thrown out of their lives and made criminals; the scourge of the earth by greed and vengeance.

I may be mentally, emotionally, and physically challenged in many ways, but I am clear on what is right and what is wrong. I do realize that common sense is a law unto itself. And common sense tells us there has never been a nation in the history of this world where there was no poverty, no disabled, and no unemployment. Common sense tells us only when a state can overcome these barriers is there merit in the action of making criminals of the poor. Anything denying that is conjecture with no proof, no reasonable doubt. Conjecture, history tells us, is not to be trusted in the hands of the state. If you have any doubts, read about the Salem witch trials.

Oliver Twist is witness to this as well, demonstrating the horrors which befall adults and children alike when laws do not follow common sense. And when 19000 Texans go to jail each year because they cannot meet the obligations placed on them by a Rhodes Scholar turned president who received a blow job in the Oval office, we should be asking if he is seeking retribution against his estranged, biological father in punishing every parent in America. Is that not a common sense question?

By the way, Oliver Twist brought about such an uproar with its bleak picture of life for the children after their parents were criminalized it led to the abolition of workhouses and debtors prisons. Many people today have called this child support enforcement a rebirth since one is housed in the jail, released to work, expected to pay everything to the state, while the federal jails collect 100 federal dollars each day for housing the inmate.

I have been there. I can tell you first hand about the overcrowded conditions, electrical wires hanging out of the wall, phones not working, being without hot water, the leaky roof, and coming in after working in hot attics with clothes so wet they splat when they hit the floor. Yet, I still had to wear those same clothes for days at a time since I was not allowed laundry service, or to eat the noon meal at the jail, because I was on work release.

I suffered headaches so bad I packed ice in towels just to relieve the pain. And medical treatment was handled by filling out a chit which was passed to a jailer and sent to the head jailer who determined whether one was sick enough to receive treatment. Now I go to the VA hospital regularly. And in no case have I ever had a nurse, or a doctor, so much as take my temperature from the other side of a two foot square window. And they always seemed to use instruments like thermometers and blood pressure meters to determine if my symptoms are real.

It would seem when a jailer can sit in an office and determine if someone is sick enough to require medical help by reading a chit, that person is probably in the wrong profession. That person would be much more valuable as a doctor, or fortune teller.

Of course, Judge George Martinez had already determined I was not disabled. He looked at my VA disability card, clearly stating SERVICE CONNECTED, and ruled I was not disabled. He promised me I would get an attorney when I got to jail.

There I sat for 180 days with no attorney, and the county fed me decongestants prescribed by the Crockett Clinic to cure my hearing impairment, while collecting $100 a day. That did not stop the headaches. And I was never taken back to the clinic.

Now, if that $100 a day the county was collecting was spent on reducing the debt, I would have spent 18 days there. Instead, I spent 180.

To this day, I would like to see George Martinez’s, Lynn Markham’s and Bill Pemberton’s medical license. I would like to see the same of the Crockett Clinic doctor who prescribed decongestants to treat deafness. And I would like the county to face a federal court to explain how they determined that taking decongestants could cure hearing loss. May be Houston County is on the verge of a medical breakthrough they should share with the rest of the world.

Years ago all this may have been considered just a mistake, but that one mistake has been compounded and multiplied and continues because nobody wants to discuss the Constitution of the United States which should have prevented it, which says these things will not happen in America, where we are promised fair courts, with honest judges who care about facts. But the UPL state of Texas does not want to see the Constitution. It complicates their job of separating the citizen from their rights.

I am not saying child support enforcement is not a good idea, but a law of popular opinion is not. Law by popular opinion remains proof of nothing. And one only has to recognize Nazi Germany to see this. The Nazi Party thought, felt, and swore allegiance to what was best for the Fatherland. Once those thoughts and beliefs were ingrained in the youth however, the parents became the criminals of a superior race, made so by belief, not by proof. That same superior race then brought about the destruction of a segment of society and eventually left the world at war.

So what good has this law done the children of those 19000 Texans a year who set in jails, when they do so not because they are morally bankrupt, but because they find themselves with a financial inability?

Yes, I still have problems with Jeri Perdue. I often call on Wednesday and not get an answer. At Thanksgiving my son chose to stay a couple of extra days with us and his mother says she is going to deny me some of my Christmas time because of it.

Dealing with the state is the same as dealing with Jeri Perdue, who at times reminds me of 5 year old, laying in the middle of the toy aisle at Wal-Mart kicking and screaming because she cannot have her way. There is never a point at which she, or the state, is satisfied. Yet, the state gets the money the federal government says my son is due. And need I remind you he did not have glasses until I was finally reunited with him?

It is not lost on me that you keep telling me the judge is going to tell me to pay what the state says I owe, but how is that different from the state adding numbers to a piece of paper each month anyway?

So let us look at this picture as clearly as we can:

On one hand we had a disabled America veteran who has had his constitutional rights violated, thrown into poverty on the streets. He was diagnosed by a judge as not disabled, thrown in jail, and fed decongestants to cure his hearing impairment. We have a veteran who remains in counseling and on medications for his emotional and mental inabilities who does not meet the requirements to enter vocational rehab because of PTDS, traumas he suffers as a result of Houston County courtrooms where these things occurred.

On the other, we have a state that does not care about his rights, does not care about his mental and emotional disabilities, or his physical disabilities, and does not want to accept the determination by medical professionals that he is unfit for vocational rehab.

The judge appoints an attorney, which is the admission of the realization he does not have the ability to pay what the state says he owes, but the state insists on forgetting that admission. And all this occurs in a UPL state where the citizen does not have the right to bring these matters to a court without an attorney. No money equates to no attorney which feeds the cycle of more injustice because the state does not willingly accept the constraints of the Constitution of the United States.

Now the state would be satisfied if they could separate the citizen from the constitutional guarantees and protections, deny us any court, and separate us from our children and what little we have. Unfortunately the constitution says they can not do so.

I pay every day for all these little mistakes by one party or another who has been involved in this matter and, who has in themselves, not stopped to consider the consequences of their actions. And it seems to me the great fallacy among lawyers, judges, and politicians is: They want us to believe they can read our minds, determine our motivations, and tell us how we feel. Yet, their offerings are proof of nothing and more telling of their own thoughts. They grasp the superficial, ignoring the facts.

Now, this law itself is based on the thoughts of a lawyer. What it says is, “We do not trust the American people to know what they can afford. And we do not trust the American people to care for their own children.”

One must be, or at least pretend to be, stupid to think these people have some mysterious ability to know the conditions of every American, their financial abilities, and their moral fiber. Moreover, to accept this idea as law, one has to become stupid, ignoring the poverty and unemployment that exists in every city, county, and state in this country.

Likewise, when a state reserves for itself to determine moral fiber as being found only in those who have means, or those who willingly give up their rights, live on the streets, paying all that they have to the state that returns nothing, they have also taken upon themselves to determine who is worthy of peace, prosperity, and life. That, I believe, is left to God.

When the state calls upon us to accept responsibility as citizens, it must be challenged to examine its own responsibility, placed by the Constitution of the United States, and accept failure when it fails to provide the citizens what is due.

When the states of this nation have founded courts whose sole purpose is to affirm only the ideas of the state, it is negligent, and at odds with what that Constitution guarantees as the right of every citizen.

And when a county places a parent in a federally funded jail which is receiving $100 a day for that incarceration, yet denies the citizen clean clothes, proper diet, and proper medical care, not to mention the promised lawyer who never appears, it is the failure of the county to accept the responsibilities placed on them. That county was paid by the federal government for services they failed to provide. And the citizen suffered from this breach of contract, and county negligence.

When a state promises fair courts, and attorneys who will speak for the poor, and when a county accepts federal dollars to ensure the welfare of the citizens it incarcerates, then we, as citizens should expect no less.

File the federal lawsuit, or tell the judge your friendship precludes your action and let him appoint someone who will.

Posted by: Gary | December 13, 2006 8:50 PM