January 20, 2000. PLAINTIFF'S RESPONSE TO COURT'S ORDER DATED DECEMBER 22, 1999, REGARDING DISCOVERY AND EXPERT WITNESSES, SO COURT MAY ISSUE A PRETRIAL SCHEDULING ORDER AS PER RULE 26(A) (2) (A) AND (B). Total of twenty one (21) pages including CERTIFICATE OF SERVICE. NO EXHIBITS SCANNED.
LAMBROS vs. FAULKNER et al., CIVIL CASE NO. 98-1621 (DSD/JMM)
I hereby state under the penalty of perjury that a true and correct copy of the following:
a. PLAINTIFF'S RESPONSE TO COURT'S ORDER DATED DECEMBER 22, 1999, REGARDING DISCOVERY AND EXPERT WITNESSES, SO COURT MAY ISSUE A PRETRIAL SCHEDULING ORDER AS PER RULE 26(A) (2) (A) AND (B). Dated January 20, 2000,. (20 pages in length and EXHIBITS containing 47 pages.)
was served on the following persons this 21st day of January, 2000, via U.S. Mail through the USP Leavenworth mailroom, to:
1. CLERK OF THE COURT
DISTRICT OF MINNESOTA
316 North Robert Street
St. Paul, Minnesota 55101-1460
One original and one copy
U.S. CERTIFIED MAIL NO. Z-233-381-727
2. Attorney Donna Rae Johnson
Attorney No. 50945
Attorney for Defendant's
700 St. Paul Building
6 West Fifth Street
St. Paul, Minnesota 55101
3. INTERNET RELEASE TO ALL HUMAN RIGHTS GROUPS
4. Inter-American Commission on Human Rights
Organization of American States
1889 F. Street, N.W.
RE: TO BE FILED WITH: JUNE 30, 1998, Complaint and released
to all 35 countries that are members of the Organization of
American States.
5. Judge Baltasar Garzon of the National Court of Madrid,
Spain
Audiencia National
Garcia Gutierrez, #1
Madrid, Spain 28004
RE: TO BE FILED WITH: January 5, 1999, REQUEST FOR ADMISSIONS,
mailed on January 7, 1999 and received by Judge Garzon on January 25,
1999.
JOHN GREGORY LAMBROS, #00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000, USA
Web site: www.brazilboycott.org
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JOHN GREGORY LAMBROS
Plaintiff
vs.
CHARLES W. FAULKNER, SUED AS ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FAULKNER
ATTORNEY SHEILA REGAN FAULKNER
FAULKNER & FAULKNER
JOHN & JANE DOE'S
Defendants
CIVIL NO. 98-1621 (DSD-JMM)
VERIFIED FORM
PLAINTIFF'S RESPONSE
TO COURT'S ORDER DATED DECEMBER 22, 1999, REGARDING DISCOVERY AND
EXPERT WITNESSES, SO COURT MAY ISSUE A PRETRIAL SCHEDULING
ORDER AS PER RULE 16 AND RULE 26(a)(2)(A) AND (B).
Plaintiff JOHN GREGORY LAMBROS, Pro Se, responds in AFFIDAVIT
FORM as to this Courts ORDER dated December 22, 1999, which
ordered a written response to the following from all parties no later
that January 24, 2000:
a. Specify any discovery desired to be taken, and the amount of time
that you believe you will need to take that discovery, if it is
allowed.
b. State whether you intend to call an expert witness on your behalf.
If so, state the subject matter on which each expert will be expected
to testify, and state the date on which you will be prepared to
provide the REPORT OF THE EXPERT WITNESS as specified in Rule
26(a)(2)(A) and (B).
This Plaintiff appreciates the fact he will be allowed to use
ADMISSIONS and INTERROGATORIES in this proceeding for the formulation
and simplification of the issues within this action, as the
possibility of obtaining ADMISSIONS of fact and of DOCUMENTS will
avoid unnecessary proof, allow stipulations regarding
Page 1.
the authenticity of
documents, and advance rulings from this court on the admissibility
of evidence. See, RULE 16(c)(1) and (3), FRCP. Plaintiff's requested
discovery WILL ALLOW individuals to step forward and state the
TRUTH as to acts of legal malpractice by Defendant's, torture, denial
of due process, and forced brain control implantation to Plaintiff by
Brazilian Government Officials. Therefore, enabling the
FACTFINDERS IN THIS CASE TO DRAW ADVERSE INFERENCES AGAINST THOSE
PARTIES WHO REFUSE TO TESTIFY AND/OR RESPOND TO ADMISSIONS AND
INTERROGATORIES. See, BAXTER vs. PALMIGIANO, 425 U.S. 308,
318-20 (1976); LEFKOWITZ vs. CUNNINGHAM, 431 U.S. 801, 808 n.5
(1977) (In CIVIL PROCEEDINGS, the FIFTH AMENDMENT
DOES NOT FORBID FACT FILERS FROM DRAWING ADVERSE INFERENCES
AGAINST A PARTY WHO REFUSES TO TESTIFY.) See, U.S. vs.
FRANCISCO SOLANO-GODINES, No. 96-10255, page 8549 (9th Cir.
1997).
PLAINTIFF LAMBROS REQUESTS THE FOLLOWING DISCOVERY BE TAKEN IN
THE FORM OF ADMISSIONS AND/OR INTERROGATORIES, TO THE FOLLOWING
PERSONS: (Please note that Plaintiff does not have mailing
addresses for many of the following and has requested the appointment
of counsel to secure mailing addresses.)
1. S.R. FAULKNER: Order compelling S.R. Faulkner to respond to
all
admissions and interrogatories that she has been served with by
Plaintiff and
a list of all employees and contractors of Defendants C.W. Faulkner,
S.R. Faulkner,
and FAULKNER & FAULKNER in the years of 1992, 1993, and 1994, so
as to identify
JOHN & JANE DOE(s). Plaintiff has also requested the names and
addresses of all
insurance companies that insured Defendants S.R. Faulkner, C.W.
Faulkner, and
FAULKNER & FAULKNER in the years of 1992, 1993, and 1994.
2. JEFFREY L. ORREN, St. Paul, Minnesota. In 1993 thru 1997, Attorney
Jeffrey L. Orren represented the Lambros family in several matters as
to the Federal Criminal indictment U.S. vs. LAMBROS, et al.,
CR-4-89-82. Attorney Orren wrote and spoke to Defendant C.W.
Faulkner, Judge Murphy, Dr.
Page 2.
Susan Minette, D.O.,
Midwestern Neurologic and Psychiatric Consultants, Ltd. (Court
authorized Examining Physician); Attorney Timothy G. Bailey, of
Robins Kaplan, Miller, & Ciresi during the time Defendants
represented Plaintiff. Attorney Bailey spoke with Defendant C.W.
Faulkner and requested x-rays of Plaintiff, from the government;
Wesley Robinson, Director of Case Analysis and Research for National
Legal Professional Associates who also contracted with Defendant C.W.
Faulkner; and contacted numerous research sources as to the facts
within U.S. vs. LAMBROS, CR-4- 89-82.
3. ATTORNEY TIMOTHY G. BAILEY: Attorney Bailey of ROBINS,
KAPLAN, MILLER, & CIRESI, consulted with Plaintiff Lambros in
1992 thru 1998 as to a lawsuit against persons within Brazil.
Attorney Bailey spoke with Defendant C.W. Faulkner at least two (2)
times as to the implantation of Plaintiff Lambros. See, EXHIBIT
PAGE 1,2, & 3 . (April 4, 1994, Attorney Bailey letter
to Plaintiff Lambros, 3 pages)
4. ROBERT L. PAVLAK, SR., Past United States Marshal, District of
Minnesota (March 7, 1990): U.S. Marshal PAVLAK, SR. consulted
with a Chief
U.S. Postal Inspector and others as to the criminal investigation of
Plaintiff
Lambros. U.S. Marshal PAVLAK, SR. stated to a Chief U.S. Postal
Inspector and
OTHERS that his DlSTRICT OF MINNESOTA OFFICE (thus all
District of Minnesota
Deputy U.S. Marshals) where conducting an official investigation of
Plaintiff
Lambros who is wanted by the United States Marshals, District of
Minnesota,
for distribution of cocaine, in violation of Title 21, USC, Section
846, 841(a)(1),
and 841(b)(1)(B). THESE OFFENSES CARRY PENALTIES OF THIRTY (30)
YEARS
IMPRISON),
AND/OR A FINE OF $250,000.00. See, EXHIBIT PAGE 4 (March 7,
1990,
letter from Robert L. Pavlak, Sr., United States Marshal and UNKNOWN
Deputy U.S.
Marshal, District of Minnesota to Chief U.S. Postal Inspector of
UNKNOWN AREA)
(This was EXHIBIT F and stated within paragraph 31 of Plaintiff's
June 15, 1998,
Served to this Court on June 17, 1998, DECLARATORY JUDGEMENT/
COMPLAINT) (Please
note that Defendants received this release sometime in 1992).
Page 3.
5. JOHN J. BOULGER,
(May 17, 1989), Sergeant Police Officer
of Minneapolis, Minnesota Police Department and assigned to the
United States
Drug Enforcement Administration Task Force. Sergeant J. Boulger
visited
Plaintiff Lambros at the Anoka County Jail sometime before Plaintiff
went to
trial or sometime before sentencing and informed Plaintiff
that he could not
receive a MANDATORY LIFE SENTENCE WITHOUT PAROLE due to
the drug statute he
was indicted on.
6. THOMAS B. HEFFELFINGER, Past Minnesota U.S. Attorney
(November 16, 1992), who assisted in the government's PLEA
PROPOSAL submitted to Plaintiff on November 16, 1992, via
Defendant C.W. Faulkner. It appears that Mr. Heffelfinger also had
verbal communications, directly or indirectly, with Defendant C.W.
Faulkner and others as to the November 16, 1992, PLEA PROPOSAL.
Plaintiff will request the names and addresses of all persons Mr.
Heffelfinger discussed Plaintiff's PLEA PROPOSAL and possible
sentence exposure with. Also Plaintiff will request information as to
PLEA PROPOSAL NEGOTIATIONS with all defendants in criminal indictment
number 4-89-82, U.S. vs. LAMBROS, et al. and information Mr.
Heffelfinger requested as to Plaintiff extradition and torture in
Brazil.
7. DOUGLAS R. PETERSON, Past/Present Assistant U.S. Attorney
for Minnesota: a) Names of all persons he discussed the PLEA PROPOSAL
of November 16, 1992, to Plaintiff with; b) Names of all persons Mr.
Peterson discussed PLEA BARGAIN CONTRACTS with as to all defendants
named within criminal indictment number 4-89-82, U.S. vs. LAMBROS, et
al.; c) Names of all individuals Mr. Peterson contacted regarding
Plaintiff's extradition and torture in Brazil.
8. UNITED STATES MARSHAL, District of Minnesota, Minneapolis,
Minnesota: a) Names of the Deputy U.S. Marshals who escorted
Plaintiff Lambros to ABBOTT NORTHWESTERN HOSPlTAL, on or about May 6,
1993, from about 10:30 A.M. to 11:30 A.M., for X-rays and CT Scan, as
per Judge Murphy's ORDER on April 19, 1993,
Page 4.
granting the examination
of Plaintiff for implants.
9. U.S. Bureau of Prisons Medical Facility, Rochester,
Minnesota: a) Names of all persons within the X-ray room, x-ray
evaluation room (separate f,room X-ray room), and X-ray office on
July 17 and 27, 1992, when Plaintiff was X-rayed; b) the
INTENSITY SETTING on the X- ray machine when the X-rays
where taken of Plaintiff's SKULL on July 17 and 27, 1992.
10. Dr. Susan Minette, D.O., Midwestern Neurologic and
Psychiatric
Consultants, Ltd. (Dr. Minette was the Court Authorized Examining
Physician that
Defendant C.W. Faulkner refused to subpoena): a) Facts as to X-rays
and CT
Scan taken at ABBOTT NORTHWESTERN HOSPITAL, Minneapolis, Minnesota,
on or
about May 6, 1993, of Plaintiff. Plaintiff has attached the August 9,
1993,
MEMORANDUM that is signed by Dr. Minette, to the Honorable Diana
Murphy, which
states, "[D]ue to the safety constraints, I COULD NOT safely
perform an MRI
examination of Mr. Lambros at the initial examination on April 20,
1993, and
May 6, 1993 (X-ray & CT Scan). It is now my opinion that an MRI
would be safe
for the patient, and that it would be BOTH APPROPRIATE TO USE, AND
NECESSARY TO
USE, to determine once and for all whether foreign objects of
any kind were placed
into Mr. Lambros, and whether such objects, if they exist or existed,
are still
in place or have been removed." See, EXHIBIT PAGE 5 (August 9,
1993,
MEMORANDUM by Dr. Minette to Judge Murphy).
11. Dr. Kenneth J. Crigui, Jr. Ph.D.: Dr. Criqui holds two (2)
doctorate degrees, one from the University of California, Berkeley
and one from
the University of California Santa Cruz, in the History of
Consciousness and
Psychology. Taught at the University of Minnesota and at MMSU and has
been a
psychoanalyst since 1973. Dr. Criqui performed a COMPETENCY
EVALUATION of
Plaintiff Lambros that was dated January 19, 1994, twenty-one
(21)pages in
length and submitted an ADDENDUM dated January 19, 1994, three
(3)pages in
Page 5.
length. Both the
COMPETENCY EVALUATION and the ADDENDUM where submitted to
Defendant C.W. Faulkner to be submitted to the court with a request
for a
hearing as to validity of the governments COMPETENCY EVALUATION
performed at
the U.S. Bureau of Prisons Medical Facility, Rochester, Minnesota.
Plaintiff
Lambros does not know if Defendant Faulkner submitted a MOTION
AS TO NEWLY
DISCOVERED EVIDENCE AS TO DR. CRIQUI'S COMPETENCY EVALUATION AND
ADDENDUM. Dr.
Criqui was not allowed to testify during any hearing within the
criminal action
Defendants represented Plaintiff Lambros in. Attached is the January
19, 1994,
ADDENDUM TO COMPETENCY EVALUATION OF JOHN GREGORY LAMBROS, three
(3)
pages in length. See, EXHIBIT PAGE -6,7, & 8 .
12. RAYMOND H. LAVAS, Technical Consultant for TED L.
GUNDERSON AND ASSOCIATES, International Security Consulting and
Investigations, 2118 Wilshire Blvd., Suite 422, Santa Monica, CA
90403-5784. Mr. Lavas corresponded with Plaintiff Lambros as to his
research into electromagnetic communications interface with human
brain control implants, as per the implants within Plaintiff's
skull.
13. Dr. Antony C. Sutton, D.Sc.: Publisher of the PHOENIX
LETTER and author of twenty-six (26) books. Dr. Sutton researched
Plaintiff Lambros' case, received copies of the X-rays taken at the
U.S. Bureau of Prisons Medical Facility, Rochester, Minnesota, and
wrote articles as to his research.
14. JEAN St.PIERRE: Past U.S. Federal Bureau of Prisons number
22711-034, with his parents address, 2311 Romancita Street,
Chalmette, LA 70073,
Tel. (504) 277-9605. Mr. St. Pierre was arrested in Rio de Janeiro,
Brazil in
1991 and held with Plaintiff Lambros in the Rio de Janeiro, Brazil,
Federal Police
Station AT ALL TIMES Plaintiff Lambros was held within the facility
before
Plaintiff was forcibly taken to Brasilia, Brazil WITHOUT a
court hearing in
Rio de Janeiro, Brazil. Mr. St. Pierre was give due process in Rio de
Janeiro,
as he attended his EXTRADITION HEARINGS to the United States in Rio
de Janeiro.
Page 6.
U.S. Federal Attorneys
from the United States visited Mr. St. Pierre in Rio de Janeiro,
Brazil and prearranged a plea bargain due to extradition treaty
implications that did not favor/or allow anyone to be extradited to
the United States. Mr. St. Pierre wrote Plaintiff Lambros at the
Federal Police station in Brasilia, Brazil from the Federal Police
Station in Rio de Janeiro, Brazil, stating something to the effect
that Plaintiff would be going free due to the invalidity of the
U.S./Brazil Extradition Treaty. Plaintiff has written Mr. St. Pierre
several times at his mothers house and has not received a
response.
15. HARLAN GIRARD, International Committee for the Convention
Against Offensive Microwave Weapons, P.O. Box 58700, Philadelphia, PA
19102-8700: Mr. Girard has corresponded with Plaintiff several times
and admitted on March 4, 1996, that the UNITED STATES GOVERNMENT
is the source of Plaintiff's problems, probably the National
Security Agency and certainly the FBI. Attached for this courts
review is Mr. Girard's letters dated December 9, 1994, February 11,
1996, and his February 29, 1996, INTERNATIONAL COMMITTEE ALERT, in
which he stated the UNITED STATES GOVERNMENT was the source of
Plaintiff's problem on page two (2). Also attached is the December
13, 1994, letter from Attorney Jeffrey L. Orren to Harlan Girard.
See, EXHIBIT PAGES 9 thru 13
16. JULIANNE McKINNEY, Past Director of the Electronic
Surveillance Project, Silver Spring, MD.: Current contact thru
HARLAND GIRARD. Attached is the July 27, 1995, letter from JULIANNE
McKINNEY to Plaintiff Lambros, that
14 thru 17 is eight (8) pages in length. See, EXHIBIT PAGES
--
.
17. CHIEF OF THE
FEDERAL POLICE IN BRAZIL: Information as to:
a) Plaintiff's arrest on May 17, 1991 on a United States Parole
Violation
Warrant in Rio de Janeiro, Brazil; b) Plaintiff's forced/illegal
transportation
to the police torture interrogation center in Brasilia, Brazil, that
DID NOT
ALLOW A BAIL or EXTRADITION HEARING (NO HEARING AT ALL), thus
no due process,
in Rio de Janeiro, Brazil; c) Events during Plaintiff's stay within
the Federal
Page 7.
Police torture
interrogation center, including forced brain control implantation,
depatterning, torture, denial of due process, etc.; d) Names and
addresses of all prisoners held within the Federal Police Station in
Brasilia, Brazil at the same time Plaintiff was held there,
approximately July 1991 thru March 1992; e) Verification of the fact
that FRANCISCO TOSCANINO (U.S. vs. TOSCANINO, 500 F.2d 267
(1974))(yes the same one) was held with Plaintiff Lambros in 1991 for
extradition to Italy.; f) Fact that many of the prisoners held within
the Federal Police torture/interrogation center in Brasilia, Brazil,
are implanted with brain control implants that monitor there thoughts
and deeds, forcibly infuse negative information within the inmates
thought process, and control there total body movements.
18. LUIS CARLOS ANDREACI: Mr. Andreaci was being held in the
Federal
Police torture interrogation center in Brasilia, Brazil and given
favorable cell
status that included a bathroom instead of a cell Plaintiff was held
in that had
a pipe sticking out of the wall for water and a hole in the floor to
shit, wash, &
piss in. Mr. Andreaci was being held on extradition charges to the
United States.
Mr. Andreaci assisted Brazilian Federal Police in the torture of
Plaintiff Lambros.
Plaintiff advised Defendant C.W. Faulkner of all events as to Mr.
Andreaci's
actions and Defendant C.W. Faulkner refused to interview and subpoena
Mr. Andreaci
to Plaintiff trial and hearing as to his torture and events in
Brazil. Defendant
C.W. Faulkner was informed that Mr. Andreaci was incarcerated within
the U.S.
Bureau of Prisons or in a U.S. Marshals holding facility, therefore
under the
control of the U.S. Attorney General for the United States. Mr.
Andreaci was
available for interviewing and could of been served by Defendant C.W.
Faulkner.
Attached for this courts review are Plaintiff's NEWS RELEASE, dated
October, 4
1993, "DEA INFORMANT LUIS CARLOS ANDREACI DOCTOR DEATH FLED
HIALEAH, FLORIDA HOME, LEAVING NO FORWARDING ADDRESS AFTER BEING
SERVED WITH $35,000,000.00 COMPLAINT BY U.S. MARSHALS FOR THE TORTURE
OF AMERICAN CITIZEN." and Plaintiff's poster
Page 8.
that was mailed to bail bonds men in Florida, which stated, "WANTED FAILURE TO COMPLY TO $35,000,000.00 TORTURE COMPLAINT - LUIS CARLOS ANDREACI DOCTOR DEATH." Plaintiff offers a description of Mr. Andreaci, d/o/b: 09/08/44;
Social Security No.: 341-48-1520; Last known address: 333 West 32nd Street, Hialeah, Florida 33012. See, EXHIBIT PAGES 18 & 19
19. BRAZILIAN ATTORNEY CARLOS ROBERTO SCHLESINGER,
of the law firm SCHLESINGER e SCHETTINO ADVOGADOS S/C, Rua da
Quitanda, 20/4 floor, Rio de Janeiro., Brazil, Tel. No. 224-0635,
232-6193, 224-0714, and 252-1575. Attorney Schlesinger represented
Plaintiff Lambros in Brazil as to his extradition proceedings to the
United States and was aware of the torture and forced implantation to
Plaintiff Lambros. Attorney Schlesinger refused to assist Plaintiff
Lambros.
20. BRAZILIAN ATTORNEY NELIO ROBERTO SEIDL MACHADO,
address offered on his business card is, R. Anfilofio DE
Carvalho, 29 - SLS, Suites 503/04/05, Rio de Janeiro, Brazil, Tel.
No. 210-1377, and 299-57-56. Attorney Machado represented Plaintiff
Lambros in Brazil as to his extradition proceedings to the United
States and was aware of the torture and forced implantation to
Plaintiff Lambros. Attorney Machado refused to assist Plaintiff
Lambros.
21. BRAZILIAN ATTORNEY RUY LUDOLF RIBEIRO, address
offered on his business card is: Av. Erasmo Braga, 277, Suites 608
thru 612, Rio de Janeiro, Brazil 20020. Tel. No. 252-8796; 242-4873;
242-9408; 242-4874; Fax 242-1154. Attorney Ribeiro and his partner
Attorney Vernon Dale McNamee contracted with the Lambros family
initially as to a legal opinion of brazilian law affecting Plaintiff
in his extradition to the United States. Attorney Ribeiro lied to
Plaintiff and the Lambros family as to Plaintiff Lambros' right of
due process to an ARRAIGNIfM HEARING after he was
arrested on May 17, 1991, in Rio de Janeiro, Brazil. Attorney Ribeiro
and Attorney McNamee's written opinion was also incorrect as to
Brazilian law effecting extradition. Plaintiff Lambros was never
given an ARRAIGNMENT HEARING IN RIO DE JANEIRO, BRAZIL.
ONLY EXTORTED FOR MONEY THAT RESULTED IN TORTURE AND
IMPLANTATION.
Page 9.
22. BRAZILIAN ATTORNEY VERNON DALE McNANEE, address
offered on his business card is: Av. Erasmo Braga, 277, Suites 608
thru 612, Rio de Janeiro, Brazil 20020. Tel. No. 252-8796; 242-9408;
242-4873; 242-4874; Fax (021) 2421154. Attorney McNamee is retired
U.S. Army that worked for four (4) years as a Diplomat for the U.S.
Embassy in Brasilia, Brazil. Attorney McNamee was in telephone
contact with Plaintiff's father in the United States before
Plaintiff's father and brother flew to Rio de Janeiro, Brazil to be
picked-up at the airport by Attorney McNamee and escorted to the
Federal Police Station in Rio de Janeiro, Brazil. Attorney McNamee
lied to Plaintiff and Plaintiff's father and brother as to
Plaintiff's right to due process in Rio de Janeiro, Brazil, that
included ARRAIGNMEMT HEARING, BAIL HEARING, EXTRADITION HEARING,
AND CORRECT BRAZILIAN LAW WITHIN THE AREAS OF "BIS IN IDEK," 'WMTIS
MUTANDIS," "PRINCIPLE OF SUBSIDIARITY," "ARTICLE 75 OF THE BRAZILIAN
CODE (Limit of 30 year sentence for any crime in Brazil)," "BRAZIL'S
CONSTITUTION THAT DOES NO ALLOW A LIFE SWMCE, ARTICLE 5, CLAUSE
XLVII(b)," (A extradition treaty cannot override the Brazilian
Constitution, an all aliens living in Brazil are protected by the
Brazilian Constitution, thus DUAL CRIMINALITY entitles individuals
extradited from Brazil to the full rights to the Brazilian
Constitution and Brazilian Criminal Code). See, STATE OF
WASHINGTON vs. MARTIN SHAW PANG, 940 P-2d 1293 (Wash. 1997).
Attorney McNamee was telephoned by Plaintiff from the Federal Police
Torture Center in Brasilia, Brazil and informed that Plaintiff was
being tortured. Attorney McNamee did nothing.
23. 2:2. BRAZILIAN ATTORNEY DEA RITA MATOZINHOS,
address offered on her business card is: Rua Araujo Porto
Alegre, 70, Suite 711, Rio de Janeiro, Brazil 20030. Tel. No. 240-
3006; 240-2572. Attorney Matozinhos visited Plaintiff Lambros at the
Federal Police Station in Rio de Janeiro and LIED as to Plaintiff
right to an ARRAIGNMENT HEARING and BAIL HEARING
within the first week of being arrested on May 17, 1991.
Attorney Matozinhos stated Plaintiff would have an extradition
hearing in Rio de Janeiro, Brazil.
Page 10.
24. LAWRENCE RANDALL
PEBBLES: Defendant in Criminal Indictment number 4- 89-82,
District of Minnesota. Mr. Pebbles will be requested to state: a)
PLEA AGREEMENT OFFERS by government and his attorney; b) Maximum
amount of time the government and his attorney stated he was exposed
to under Count One (1).
25. RALPH AMERO: Defendant in Criminal Indictment number 4-89-82,
District of Minnesota. Mr. Amero will be requested to state: a)
PLEA
AGREEMENT
OFFERS by government and his attorney; b) Maximum amount of time
the
government and his attorney stated he was exposed to under Count One
(1).
26. IRA JAY BERINE: Defendant in Criminal Indictment number
4-89-82, District of Minnesota. Mr. Berine will be requested to
state: a) PLEA AGREEMENT OFFERS by government and his attorney; b)
Maximum amount of time the government and his attorney stated he was
exposed to under Count One (1).
27. PAMELA RAE LEMON: Defendant in Criminal Indictment number
4-89-82. District of Minnesota. Ms. Lemon will be requested to state:
a) PLEA AGREEMENT OFFERS by government and her attorney; b) Maximum
amount of time the government and her attorney stated she was exposed
to under Count One (1).
28. Criminal Indictment number 4-89-82, District of Minnesota, page
one that lists PEBBLES, AMERO, BERINE, and LEKON within Count One (1)
is offered as an exhibit. EXHIBIT PAGE 23.
29. BUSINESS CARDS of individuals listed in paragraphs 19 thru 23
are offered as EXHIBIT PAGES 20, 21, & 22.
30. ATTORNEY PAULO ROBERTO CRAVES ROLO, Legal
Counsel for the U.S. Embassies in Brazil. Attorney Rolo maintained
his office at the U.S. Embassy in Brasilia, Brazil and attended the
one (1) extradition hearing Plaintiff Lambros attended in Brasilia,
Brazil. Plaintiff Lambros telephoned and wrote Attorney Rolo as to
his torture at the Brazilian Federal Police Station in Brasilia,
Brazil, to no avail. Attorney Rolo would not assist and lied to
Plaintiff as to the law.
Page 11.
31. WILLIAN E.
WILKINS: Past General Counsel for the U.S. Embassy in
Brasilia, Brazil while Plaintiff Lambros was being held in the
Brazilian Federal Police Station in Brasilia, Brazil. Plaintiff
Lambros met with Mr. Wilkins several times and informed him of the
torture he was receiving from the Brazilian Federal Police. Mr.
Wilkins would not assist. It is Plaintiff's understanding that Mr.
Wilkins does not work at the U.S. Embassy in Brazil any longer. Mr.
Wilkins last known address is, Oakwood Apartments, 501 North
Roosevelt Blvd., Falls Church, Virginia 22044, Tel. (703)
533-6750.
32. LENNART LINDQVIST , EVAMARIE TAYLOR, and
ROBERT NAESLUND
of GRUPPEN, Box 136, 114-79, Stockholm, Sweden:
Attorney Orren mailed LINDQVIST,
TAYLOR, and NAESLUND copies of Plaintiff Lambros' X-rays taken at the
U.S. Bureau
of Prisons Medical Facility that showed foreign bodies. The Swedish
group contracted
doctors in Sweden that are familiar in the treating of victims that
have been
implanted with transmitters in there brain to review Plaintiff's
X-rays. Swedish
doctors stated that foreign bodies do exist within Plaintiff's head
and they are
most likely transmitters. Sweden has and is currently passing
legislation as to
the implantation of humans with transmitters, a practice that has
been done in
Sweden since the 1950 and 1960's.
33. Plaintiff Lambros has attached for this Court review his attempt
to request information from individuals and government officials in
Brazil as to his denial of due process and torture in Brazil.
Defendant C.W. Faulkner did not pursue Plaintiff's actions for the
request of information. The following documents are attached for this
courts review:
a. CERTIFICATE OF SERVICE RECEIPT, number P-394-311-337, as
to
the receipt of the following documents by the AMBASSADOR OF
BRAZIL, USA, 3006
Massachusetts Ave., N.W., Washington, D.C. 20008, on September 20,
1993:
a(l). September 15, 1993, AFFIDAVIT, (Notarized) as to
Page 12.
the mailing of Plaintiff
Lambros' 24 notices of forthcoming subpoena's for
request for the production of documents to individuals and Brazilian
Government
Agencies within Brazil and in the care of the Ambassador of Brazil,
USA,
Washington, DC 20008, sent via U.S. Certified mail number
P-394-311-337, RETURN
RECEIPT REQUESTED. (Three (3) page in length).
a(2). September 22, 1993, Plaintiff's letter to the
Honorable Judge Diana E. Murphy as to the 59 notices of subpoena
requests for
the production of documents. (five (5) pages in length)
a(3). September 14, 1993, Plaintiff's "NOTICE OF FORTHCOMING
SUBPOENA FOR REQUEST FOR PRODUCTION OF DOCUMENTS FROM THE PRESIDENT
OF BRAZIL,
PRESIDENT ITANAR FRANCO, BRASILIA, BRAZIL, c/o,
AMBASSADOR OF BRAZIL, USA, 3006
MASSACHUSETTS AVE., NW, WASHINGTON, D.C. 20008. (Three (3) pages in
length).
34. Plaintiff has attached as EXHIBITS the documents
listed within paragraph 33. EXHIBIT PAGES 32 thru 43
35. Plaintiff has also attached as an EXHIBIT
the magazine article entitled, "GETTING WITNESSES TO
FEDERAL COURT" by Attorney Nancy Hollander and Professor of
Law Barbara Bergman, that appeared in "THE CHAMPION,"
(www.criminal justice.org), July 1999, pages 38, 39, 40, 73, 74,
75, 76, & 77. See, EXHIBIT PAGES 24 thru 31.
36. WESLEY ROBINSON: National Legal Professional
Associates, 7 Mariners Cove, Cincinnati, Ohio 45249. Mr. Robinson is
the Director of Case Analysis at NLPA. Mr. Robinson and the
associates at NLPA consulted Plaintiff Lambros' family during the
time Defendant C.W. Faulkner, et al. represented Plaintiff. Mr.
Robinson spoke and wrote Defendant C.W. Faulkner as to his
representation of Plaintiff Lambros. It was and still is Wesley
Robinson and other associates at National Legal Professional
Associates that Defendant C.W. Faulkner was negligent of LEGAL
MALPRACTICE in the representation of Plaintiff Lambros.
Page 13.
AMOUNT OF TIME
PLAINTIFF BELIEVES HE NEEDS TO TAKE ADMISSIONS AND INTERROGATORIES OF
THE ABOVE LISTED INDIVIDUALS IN PARAGRAPHS I THRU 36:
37. Plaintiff has submitted a motion to this Court requesting
an APPOINTMENT OF COUNSEL. To date the motion has not been ruled on.
Within that motion Plaintiff notified this Court that he did not know
the addresses of many of the above listed individuals and did not
have access to United States and Brazilian directories to access the
information. Plaintiff also stated that some of the above listed
individuals where past GOVERNMENT WITNESSES and/or
GOVERNMENT EMPLOYEES and/or INFORMANTS, thus Plaintiff
is PREVENTED FROM CONTACTING THESE INDIVIDUALS AS PER POLICY
WITHIN THE U.S. BUREAU OF PRISONS.
38. Plaintiff believes that a COURT ORDER authorizing
Plaintiff to contact the above listed individuals. directly or
indirectly, for the purpose of ADMISSIONS and/or INTERROGATORIES in
this above-entitled action would assist if this court chooses not to
appoint an attorney to assist this Plaintiff.
39. Plaintiff believes that he will need SIX (6) MONTHS, after this
Court has issued an ORDER to complete discovery due to the
international parties listed within paragraphs I thru 36. or the need
in requesting the Minnesota U.S. Attorneys Office to disclose contact
addresses.
PLAINTIFF INTENDS TO CALL EXPERT
WITNESSES:
40 Plaintiff does not have funds to pay the following
EXPERT WITNESSES for there time and travel.
41. WESLEY ROBINSON, National Legal Professional
Associates 7 Mariners Cove, Cincinnati, Ohio 45249. Tel. (513)
247--9580. See, EXHIBIT PAGE 45. Mr. Robinson will testify as
to his written and telephone conversations with Defendant C.W.
Faulkner, Attorney Jeffrey L. Orren. and Plaintiff Lambros during the
criminal trial of Plaintiff Lambros in which Defendant C.W. Faulkner.
et al- represented Plaintiff.
Page 14.
42. Due to the fact
Plaintiff Lambros DOES NOT have funds and can not
force WESLEY ROBINSON to prepare a written report signed by
Mr. ROBINSON, as
to a complete statement of all opinions to be expressed and the basis
and
reasons thereof; the data or other information considered by Mr.
Robinson in
forming the opinions; any exhibits to be used as a summary of or
support for
the opinions; Mr. ROBINSON's qualifications as a witness, including a
list of
all publications authored by Mr. ROBINSON within the preceding ten
(10) years;
and a listing of all other cases in which Mr. ROBINSON has testified
as an
expert at trial or by deposition within the preceding four (4) years.
See,
RULE 26(a)(2)(B). Plaintiff believes that he will need at least six
(6) months
to outline the REPORT OF THE EXPERT WITNESS as to information
Plaintiff has and
forward same to WESLEY ROBINSON in the hope he will expound as to
same. Plaintiff
can foresee a report of 75 to 150 pages due to the extensive
interaction Mr.
ROBINSON had with Attorney Orren and Defendant C.W. Faulkner.
43. ATTORNEY JEFFREY L. ORREM, Past Attorney in St.
Paul, Minnesota that represented Plaintiff Lambros' family during the
criminal trial of Plaintiff Lambros, as to communication with
Defendant C.W. Faulkner. Mr. Orren is no longer a practicing attorney
and lives at 1771 Dayton Ave., St. Paul, Minnesota. Mr. Orren's
telephone number is (651) 603-0885.
See, VJERTBIT
PAGE 44. Mr. Orren will testify as to his telephone
conversations and written correspondence with the Lambros' family,
Defendant C.W. Faulkner, et al., Attorney Tim Bailey, Wesley Robinson
and employees of National Legal Professional Associates, Dr. Susan
Minette, D.O., Dr. Kenneth J. Criqui, Jr. Ph.D., Dr. Antony C.
Sutton, Harlan Girard, Brazilian Attorney Carlos Roberto Schlesinger,
Dr. Plotnick, and others unknown to Plaintiff at this time, all as to
the events surrounding the defense of Plaintiff Lambros in his
criminal proceedings while he was represented by Defendant C.W.
Faulkner.
Page 15.
44. Due to the fact
Plaintiff Lambros DOES NOT have funds and can not force
JEFFREY L. ORREN to prepare a written signed report, as per Rule
26(a)(2)(A) and (B). Plaintiff believes he needs a court ORDER and
funds to assist Mr. Orren and a time limit of at least six (6) months
to outline the REPORT OF THE EXPERT WITNESS is needed.
45. DR. KENNETH J. CRIQUI, JR. Ph.D., Dr. Criqui
performed a COMPETENCY EVALUATION on Plaintiff Lambros. Plaintiff
incorporates paragraph eleven (11) within this motion into this
paragraph.
46. Due to the fact Plaintiff Lambros DOES NOT have funds and
can not force Dr. Criqui to prepare a written signed report, as per
Rule 26(a)(2)(A) and (B). Plaintiff believes he needs a court ORDER
and funds to assist Dr. Criqui and a time limit of at least six (6)
months to outline the REPORT OF THE EXPERT WITNESS is needed.
Plaintiff Lambros does not have a current address for Dr. Criqui, as
of three years ago Dr. Criqui was practicing in California.
47. DR. ANTONY C. SUTTON, D.Sc., Dr. Sutton spent over
one (1) year researching Plaintiff Lambros case as to his
extradition, torture, and forced brain control implantation in
Brazil. Dr. Sutton filed numerous Freedom of Information Act requests
as to Plaintiff's extradition from Brazil. This Court, under separate
copy, without disclosure to the Defendants', have been provided copy
of documents for release as to this Court's discretion due to a
CONFIDENTIAL AGREEMENT. Plaintiff has with Dr. Sutton. Dr.
Sutton was provided copy of Plaintiff's X-rays for review and
professional analysis. Plaintiff is not currently in active
communication with Dr. Sutton.
48. Due to the fact Plaintiff Lambros DOES NOT have funds and
can not force Dr. Sutton to prepare a written signed report, as per
Rule 26(a)(2)(A) and (B), Plaintiff believes he needs a court ORDER
and funds to assist Dr. Sutton and a time limit of at least six (6)
months to outline the REPORT OF THE EXPERT WITNESS is needed.
Plaintiff Lambros does not have a current address for Dr.
Page 16.
Sutton and would be
required to contact his publisher for forwarding.
49. HARIAN GIRARD, Mr. Girard with the assistance of
JULIANNE McKINNEY researched Plaintiff's case extensively, due
to there affiliation and/or employment with NATO, United States Armed
Forces, CIA, and NSA. Plaintiff incorporates paragraphs fifteen (15)
and sixteen (16) of this document within this paragraph. Mr. Girard
is aware of my torture due to implantation and other electronic
devices in Brazil.
50. Due to the fact Plaintiff Lambros DOES NOT have funds and can not
force Mr. Girard to prepare a written signed report, as per Rule
26(a)(2)(A) and (B), Plaintiff believes he needs a court ORDER and
funds to assist Mr. Girard and a time limit of at least six (6)
months to outline the REPORT OF THE EXPERT WITNESS is needed.
Plaintiff believes that the address for Mr. Girard in paragraph 15 is
correct.
51. GRUPPEN, Box 136, 114-79, Stockholm, Sweden. Plaintiff
would request principles of GRUPPEN, including LENNART LINDQVIST,
EVAMARIE TAYLOR, and ROBERT NAESLUND, to testify as to the
research they conducted into the torture and forced brain control
implantation of Plaintiff Lambros. GRUPPEN was provided copies of
Plaintiff's X-rays taken by the U.S. Bureau of Prisons and submitted
them to Doctors in Sweden for evaluation, due to there expertise in
the evaluation of transmitters placed within Swedish Citizens by the
government that monitor and control citizens in Sweden. Plaintiff
incorporates paragraph thirty-two within this paragraph. GRUPPEN
would provide AFFIDAVITS and DOCTORS if this Court allows to testify
as to the fact Plaintiff Lambros has some type of implant(s) within
his skull that appear to be receiver(s)/transmitters that control
Plaintiff Lambros thoughts and deeds.
52. Due to the fact Plaintiff Lambros DOES NOT have funds and can not
force GRUPPEN and/or representatives to prepare a written signed
report, as per Rule 26(a)(2)(A) and (B), Plaintiff believes he needs
a court ORDER and funds
Page 17.
to assist GRUPPEN, et al.
and a time limit of at least six (6) months to outline the REPORT OF
THE EXPERT WITNESS is needed.
LEGAL CASES TO ASSIST THIS COURT AS TO
RULE 26 FRCP:
53. IN RE AIRCRASH DISASTER NEAR ROSELAWN, IND. 172
F.R.D. 295 (N.D.Ill. 1997) Discovery rules of HAGUE CONVENTION were
not applicable to discovery requests made by Plaintiffs, who brought
action against French manufactures of airplane which had crashed, for
documents relating to similar model of airplane to that which had
crashed, French sovereign interests were not in jeopardy.
54. WILBURN vs. MARITRANS GP INC., 139 F.3d 350 (C.A.3(Pa)
1998) Seaman was not required in Jones Act action to disclose names
of lay witnesses who might be used at trial to present OPINION
TESTIMONY.
55. WOOD vs. BREIER, 54 F.R.D. 7 (D.C.Wis. 1972) While
government's claim of executive privilege is entitled to great
respect, it is nonetheless court's duty to make an independent
determination of whether a privilege does exist with respect to
proposed discovery.
56. YANG vs. RENO, 157 F.R.D. 625 (M.D.Pa. 1994) Official who
invoked state privilege against discovery must set forth, with enough
particularity for court to make informed decision, the NATURE OF
MATERIAL WITHHELD and the threat to national security posed by
revelation of the material.
57. IN RE HILLSBOROUGH HOLDING CORP., 118 B.R. 866 (M.D.Fla.
1990) (OPINION LETTER) Facts which formed basis of OPINIONS STATED
BY ATTORNEY IN OPINION LETTER on whether corp. which was involved
in leveraged buyout had potential liability for asbestos-related
personal injury claims asserted against the corp. and its wholly
owned subsidiary were DISCOVERABLE.
58. S.A. HEALY CO. vs. MILWAUKEE METROPOLITAN SEWAGE DIST.,
154 F.R.D. 212 (E.D.Wis. 1994) Generally, party deposing expert
is not required to bear
Page 18.
EXPENSES OF THAT
EXPERT'S DEPOSITION PREPARATION TIME; however, there is
exception to this general rule in complex cases where there has been
considerable LAPSE OF TIME BETWEEN EXPERT'S WORK ON CASE AND DATE
OF HIS ACTUAL DEPOSITION.
59. REED vs. BINDER, 165 F.R.D. 424 (D.N.J. 1996).
"MANIFEST INJUSTICE" would result if impoverished medical
malpractice PLAINTIFF had to pay six defense experts for their
testimony at deposition, and thus, those costs would be SHIFTED TO
DEFENDANTS; plaintiffs' combined income since patient's death
(which gave rise to malpractice action) was $2280 per month, and many
defense experts charged $250 per hour.
ADDITIONAL EXPERT WITNESS:
60.DR. SUSAN MINETTE, D.O.,
Midwestern Neurologic and Psychiatric Consultants, Ltd.
Plaintiff incorporates paragraph ten (10) of this motion into this
paragraph.
61. Due to the fact Plaintiff Lambros DOES NOT have funds and
can not force Dr. Minette to prepare a written signed report, as per
Rule 26(a)(2)(A) and (B). Plaintiff believes he needs a court ORDER
and funds to assist Dr. Minette and a time limit of at least six (6)
months to outline the REPORT OF THE EXPERT WITNESS is needed.
PLAINTIFF REQUESTS COSTS FOR TESTIMONY AT DEPOSITION
OF EXPERTS TO BE SHIFTED TO
DEFENDANTS DUE TO PLAINTIFF IMPOVERISHED
STATUS:
62. Plaintiff requests that costs incurred by Plaintiff be
prepaid by Defendants for the EXPERTS DEPOSITION PREPARATION TIME and
TESTIMONY AT DEPOSITION(s). See, Paragraphs 58 and 59.
CONCLUSION:
63. Plaintiff tried to prepare this document as per his
reading of Rule 16 and Rule 26(a)(2)(A) and (B).
Page 19
EXECUTED ON: January 20, 2000
JOHN GREGORY LAMBROS, Pro Se
Reg. No. 00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000
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
USATHANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.