This is a reproduction of a July 6, 1996 motion for an Order to Show Cause that was filed by John Gregory Lambros in his criminal case. Also included is the Affidavit of Service.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA, Plaintiff, CASE/FILE NO. CR-4-89-82(05) vs. RESENTENCING BY JUDGE ROBERT G. RENNER JOHN GREGORY LAMBROS, Defendant.
MOTION REQUESTING COURT TO ORDER MARGARET
U.S. DEPARTMENT OF STATE GENERAL COUNSEL AT THE U.S.
EMBASSY IN BRASILIA, BRAZIL TO SHOW CAUSE WHY SHE SHOULD
NOT BE PUNISHED FOR CONTEMPT PURSUANT TO TITLE 28 USCA
5178 AND ANY OTHER APPLICABLE LAWS
Defendant Lambros requests this Court to proceed in the issuance of a NOTICE to MARGARET MURPHY TO SHOW CAUSE AS to her failure to obey a subpoena issued on January 11, 1993 by Judge Murphy pursuant to Title 28 USCA §1784 "CONTEMPT" in the above-entitled case and any other applicable laws.
This Court has jurisdiction and the power to enforce a DELAY RULING of summary contempt pursuant to Federal Rules of Criminal Procedure 42. Delay in issuing written certification of contempt does not rob a judge of power to enforce a ruling of summary contempt. CRUMPACKER vs. CRUMPACKER, D.C. Ind. 1981, 516 F.Supp. 292, 298.
Margaret Murphy has demonstrated a contumacious disregard of authority to the U.S. Justice system, this Court, Defendant Lambros and the Lambros family.
Margaret Murphy was not present and she did not inform the Clerk of the Court, Judge D. Murphy, the Jury, the U.S. Attorney, or Defendant Lambros that she would not be present to offer testimony as to her personal visits with Defendant Lambros as he was being tortured and the obseservations, investigations and interviews she performed as to the torture and forced implantation to Defendant Lambros. Margaret Murphy was also COMMANDED TO BRING ANY AND ALL RECORDS RELATING to Defendant Lambros for the jury and Courts review.
Witnesses who fail to appear to testify pursuant to a subPoena are found in contemPt unless an adequate excuse is offered on their behalf thus a hearing is needed as to the circumstances which existed and still exist in this case to give Margaret Murphy a chance to explain why she DISOBEYED the January 11, 1993, subpoena by Judge D. Murphy. UNITED STATES vs. FERM, 547 F. Supp. 33 (1982). To this date, Margaret Murphy has never offered an excuse much less an adequate excuse.
Defendant Lambros also requests this Court to make a finding as to the REVERSAL OF COUNT I due to Margaret Murphy not OBEYING the January 11, 1993, subpoena of Judge D. Murphy. Therefore consider the information that Margaret Murphy would of testified to and any and all records relating to Defendant Lambros she would of released to the Court, Jury, U.S. Attorney and Defendant Lambros and their BRADY VIOLATION VALUE.
On June 19, 1996, Defendant Lambros wrote U.S. Assistant Attorney Douglas Ray Peterson, District of Minnesota, U.S. Federal Courthouse, 316 North Robert Street, St. Paul, Minnesota 55101, regarding the subpoena of Margaret Murphy, U.S. Department of State employee for resentencing hearing of John Gregory Lambros in this above-entitled case. The letter went into detail as to the normal procedure of Title 28 U.S.C. §1826, Title 18 U.S.C. §401 and an overview of CHAMBERS vs. NASCO, INC., 501 US 32, 115 L Ed 2d 27, 111 S. Ct 2123. CHAMBERS, Id at 59:
The rules themselves thus reject the contention that they may be discarded in the court's discretion.
The June 19, 1996 letter was sworn to thus verified by
Defendant Lambros as per Title 28 USCA §1746. Copy was also
submitted via U.S. Cerified Mail No. P-076-327-511 to the Clerk of
the Court, District of Minnesota, U.S. Federal Courthouse, 316 North
Robert Street, St. Paul, Minnesota 55101-1460 with (EXHIBIT A) copy
of the Subpoena issued by Judge D. Murphy to Margaret Murphy, Consul
General, American Rmhassy Brasilia, Brazil.
SENTENCES FOR CRIMINAL CONTEMPT
FOR REFUSING TO TESTIFY UNDER FEDERAL SENTENCING GUIDELINES
Margaret Murphy will be provided with copy of this motion as will U.S. Senator Jesse Helms, The Foreign Relations Committee, U.S. Department of State and Human Rights Groups globally. The following cases offer an excellent overview of sentences for criminal contempt:
1. U.S. vs. UNDERWOOD, 880 F.2d 612 (CA 1 1989);
2. U.S. vs. REMINI, 967 F.2d 754 (CA 2 1992);
3. U.S. vs. CEFALU, CA 2, Nos. 95-1225 etc. 6/4/96;
4. U.S. vs. VERSAGLIO, CA 2, Nos. 95-1238 etc., 6/3/96;
Defendant Lambros prays that this Court will ORDER the U.S. Attorneys Office to comply with all laws in the orderly processing of the issuance of a NOTICE to MARGARET MURPHY to SHOW CAUSE as to her failure to obey the January 11, 1993, SUBPOENA issued by Judge D. Murphy in this above-entitled case.
Defendant Lambros has requested this Court to review the WEB SITE that has been set-up to offer documents to the world regarding the torture and forced implantation of Defendant Lambros. Defendant Lambros has just been informed that the address he has submitted to this Court and other agencies was not correct, sorry as the technology is new, thus the confirmed address on my WEB SITE IS:
For additional information E-Mail: BrazilByct@aol.com
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. TITLE 28 USCA §1746. EXECUTED ON JULY 6, 1996.
John Gregory Lambros
Reg. No. 00436-124
P.O. Box 1000
Leavenworth, Kansas 66048-1000
CERTIFICATE OF SERVICE
U.S. VS. LAMBROS, CR-4-89-82(05)
DISTRICT OF MINNESOTA
JUDGE ROBERT G. RENNER
I hereby certify that I caused a copy of the foregoing MOTION REQUESTING COURT TO ORDER MARGARET MURPHY, U.S. DEPARTMENT OF STATE GENERAL COUNSEL AT THE U.S. EMBASSY IN BRASILIA, BRAZIL TO SHOW CAUSE WHY SHE SHOULD NOT BE PUNISHED FOR CONTEMPT PURSUANT TO TITLE 28 U.S.C.A. §1784 AND ANY OTHER APPLICABLE LAWS to be served by firstclass mail, postage prepaid, this 8th day of July, 1996, on:
1. Clerk of the Court, District of Minnesota, U.S. Federal Courthouse, 110 South Fourth Street, Minneapolis, Minnesota 55401-2295, U.S. Certified Mail No. P-076-329-125. One (1) original and One (1) copy.
2. Douglas Ray Peterson, Assistant U.S. Attorney, 234 U.S. Courthouse, 110 South Fourth Street, Minneapolis, Minnesota 55401. One copy.
3. Attorney Colia F. Ceisel, Suite 500, Minnesota Building, 46 East 4th Street, St. Paul, Minnesota 55101. One copy.
4. Margaret Murphy, c/o Warren Christopher, Secretary of State, U.S. Department of State, 22nd D. Street, N.W., Washington, D.C. 20520. One copy.
5. Arthur E. Green, Director, Washington Foreign Press Center, 898 National Press Building, 529 - 14th Street, N.W., Washington, D.C. 20045, E-Mail: email@example.com. FOR RELEASE TO ALL FOREIGN PRESS MEMBERS TO ADVISE OF DOCUMENTS WITHIN BOYCOTT BRAZIL WEB SITE. One Copy.
6. President of Brazil, Fernando Henrique Cardoso, c/o Ambassador of Brazil USA, 3006 Massachusetts Avenue, N.W., Washington, D.C. D.C. One Copy.
7. U.S. Senator Jesse Helms and the Foreign Relations Committee, U.S. Senate, Dirksen Building, Room 403, Washington, D.C. 20510.
8. Robert Naeslund, GRUPPEN, Box 136, 114-79, Stockholm, Sweden.
9. Helen Roth, Specialist, Consumer Affairs Special Services, TRW Information Systems & Services, 701 TRW Parkway, P.O. Box 1240, Allen, Texas 75013-1240, E-Mail: firstname.lastname@example.org to be used as official notice as to factors possibly affecting the FAIR CREDIT REPORTING ACT, 15 U.S.C.A. §1681 et al, Subehapter III, CREDIT REPORTING AGENCIES regaring MARGARET MURPEY.
10. Web site posting and E-Mail release. http://members.aol.com/BrazilByct
John Gregory Lambros
For more information write (snail mail) JOHN GREGORY LAMBROS directly at:
JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
THANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.