Judicial Errors Found in Tribal Judge Prosecution (Black Judge Jailed by White Judge for Judicial Abuse Dispute)

Cambridge Massachusetts, Nearly 3 months since Hollywood TV Judge Janine, a retired NFL star from Harvard, and an HROC reality TV co-star spoke publically about equal rights protection and systemic racism, black history month began with ‘Month Five’ of “Costanoan Tribal Court” Judge Cary Peterson at the Bay Area’s Santa Rita Jail in California, per order of continued federal detention for an ‘Abuse of Judicial Power’ related to an issue in controversy on Tribal Land-County politics involving a non-Indian trespasser on an Indian Reservation road (https://apnews.com/press-release/ein-presswire-newsmatics/lawsuits-california-hollywood-us-department-of-justice-40fe0003d3d19faf7cd17e6dcdf5c7d5).

Cary Lee Peterson, an African-American Muslum resident of San Jose, California, was arrested last September on probable cause (“Ramey”) warrants issued by San Benito County’s Judge Thomas Breen and Judge Patrick Palacios two weeks after Peterson’s employer, Costanoan-Chualar Indian Tribal Community of Indian Canyon issued federal subpoenas on San Benito County Council Barbara Thompson for legal documents and public records related to the Bay Area’s ‘Indian Canyon tribal issue’ on Indian Canyon Road. (https://www.todayinlaw.com/article/587408919-federal-judge-in-california-passes-baton-to-costanoan-chualar-tribal-government-in-lawsuit-against-non-indian-offender)

September 15, Judge Peterson’s home in South San Jose was raided by San Benito County officials with the assistance of the FBI. Two FBI agents involved in this search and seizure warrant were named subjects in an administrative action, before then-Attorney General, William Barr, that was ruled, in Peterson’s favor (https://www.bloomberg.com/press-releases/2019-09-25/fbi-agree-to-release-classified-reports-on-lobbyist-tied-to-bernie-sanders-scandal).

DETENTION ORDERS

September 23, United States Magistrate Judge Natanial Cousins ordered Peterson to remain in Federal Custody for “abuse of power” stemming from a federal probation specialist, Anthony Cardenas, telling the court that Peterson allegedly violated probation terms by hiring armed security guards to patrol an Indian reservation road, issuing an order of restraint from an Indian tribal court, consolidating an old student loan, and being under an employment contract for several hundreds of dollars per hour, while serving as “Chief of Legal Affairs and Compliance” at an Indian Tribal Community in Indian Canyon, California (https://goo.gl/maps/Tizut6TRyS99mCDp7).

Despite San Benito County’s police records filed into Peterson’s case in November showing last Summer’s ‘native tribe’s civil standby requests, several calls and emails, and subpoenas for documents’ involving intergovernmental affairs associated with elderly abuse, battery-and-assault (https://tinyurl.com/machadoassult), and trespass issues (https://www.einnews.com/pr_news/580749930/federal-judge-in-california-ruled-on-costanoan-indians-lawsuit-against-non-indian-trespasser), Peterson and the other tribal officials allowed the local law enforcement agency to leave these tribal road disputes “without incident.” But United States District Court Judge Beth L. Freeman adopted the earlier ‘abuse of power’ reason for a non-statutory order of continued detention throughout the ’22 holidays and proceedings in a related lawsuit Peterson filed against a United States District Court, San Jose, California Division a week before the [same] U.S. courthouse ordered him to remain in federal custody (https://www.einpresswire.com/article/601376665/tribal-court-judge-files-mandamus-suit-on-federal-courthouse-for-discretion-dispute-with-magistrate).

IVY LEAGUE FRENZY LEADING TO JUDICIAL ERRORS

In January during a court hearing, Judge Freeman told Peterson, ‘I know for a fact that you never were a student at Harvard.’ Before the close of this hearing, Peterson delivered his rebuttal with supporting evidence filed on the Court record. These discussions about Peterson taking law classes at Harvard carried over from November’s hearings when Peterson told the court he was dropped from an online course at Harvard and would miss Harvard University’s Spring ’23 Term enrollment deadline if the court refused to release him on bail.

Court records show that at the time Peterson was arrested last year, he was a Harvard student who claimed his enrollment and tuition fees on his taxes and used a Harvard student email to communicate with the courts and USPO Cardenas. Cardenas, who was previously reported to have provided impeached testimony at an October hearing (https://www.todayinlaw.com/article/599916414-abuse-of-power-federal-judge-orders-black-judge-to-jail-for-performing-his-tribal-court-duty), told the Court ‘Peterson has no law degree’ or professional law experience to hold such a work title. However, court papers filed in 2021 (Peterson v. Hinds, NDCA No. 21-cv-07556, D.I. 10-14) reveal that, in 2018, Cardena’s New Jersey branch office reported that Peterson worked as a ‘registered lobbyist at U.S. Senate, was a co-owner of a lobbying firm, received a doctorate degree in international law and intergovernmental relations from a foreign college, and was awarded an honorary doctorate degree in law from a governor in Europe while he served as a peacemaking officer at a diplomatic mission in Albania.’

Despite studying law online at Harvard or having a foreign doctorate degree not being a charged offense, unlike the alleged ‘abuse of judicial power,’ being the basis for Peterson’s fifth month of imprisonment without right to bail or jury trial, or an indictment or statutory grounds for such abuse claims, there have been more than a dozen court proceedings since last September where this became a topic.

Last month, Judge Freeman, a Harvard Law graduate, told Peterson she was concerned that he ‘had been in jail much longer’ than she’d have imposed on Peterson had he been guilty of Cardenas’s allegations.

NINTH CIRCUIT REPEALS 6TH AMENDMENT

Portions of Peterson’s case-in-chief originating from Silicon Valley’s federal court have been in the 9th U.S. Court of Appeals since last November. Between 50 proceedings among the two appellate court cases (U.S. v. Peterson, USCA9-22-10317; Peterson v. USDC-CASJ, USCA9-22-OP-70250), this month a federal circuit court panel denied Peterson his right to retain counsel of his selection or represent himself, as the district court granted Peterson such after a December hearing where Peterson’s private attorney, Jessie Ortiz, told the Court he had been “compromised,” among other reasons why he should be relieved as Peterson’s defense council.

The court records show that the Ninth Circuit insisted to keep Ortiz on record as Peterson’s attorney after his (official) withdrawal, and several notices from Peterson confronting the court’s error.

The Ninth Circuit returned with an order to deny Peterson’s motions for self-representation and desire to hire new counsel of his choice. Thereafter, they appointed him a federal public defender. Court records show that the court-appointed attorney refused to withdraw despite Peterson telling them, and the Court, that their legal representation was not consented, requested or warranted.

Peterson, who resigned last week from his judicial bench for the Bay Area’s Indian Canyon tribal community, told the court that he filed for emergency relief in the Supreme Court of the United States in an effort to correct the judicial errors that repeal or negate the rules of statutory construction and constitutional law that have caused an extreme and outrageous showing of systemic injustice for his former Native American employer and himself. This emergency petition also included grounds for relief being that the district court terminated him as a party in the original case on September 8, 2022.

COURT UPDATES

Peterson has an emergency hearing to dismiss the federal detainer against him scheduled for next week, despite Judge Freeman initially setting Peterson’s next hearing for late March.

USPO Cardenas’s administrative office and inspector general on Capital Hill were contacted for questions about Peterson’s case and Cardenas’s allegations. But presently no responses have been provided. Similarly, the Office of Hollister City Mayor Mia Casey, and the early-resigned (former mayor) Ignacio Velasquez, provided no responses to multiple media inquiries.

Content by Lena Moskowitz-Hardley

SUPPORTING MEDIA SOURCES:

Free Cary Lee Peterson YouTube supporters- (https://tinyurl.com/freeclpsupporters)

Judge Beth Freeman Detention Order as to Tribal Judge Cary Peterson (USA v. Peterson, CAND No. 22-CR-00338-BLF, ECF Doc. 44, 11/15/22) (https://drive.google.com/file/d/1Jh-Rm9K4OQru00mxF91YIWhhBRpFj9aL/view?usp=share_link)

“Abuse Of Power”; Federal Judge Orders Black Judge to Jail for Tribal Court Duty
(https://emwnews.com/abuse-of-power-federal-judge-orders-black-judge-to-jail-for-tribal-court-duty)

Bay Area Judge Release 2 White Murder Defendants & Deny Bail For 2 Non-Violent Black Defendants (https://emwnews.com/bay-area-judges-release-2-white-murder-defendants-deny-bail-for-2-non-violentblack-defendants)

Court Order – Nathanael Cousins – US-CAND (United States of America vs Cary Lee Peterson, Case No. 22-CR-00338-BLF, ECF Doc. 07, 09/23/22) (https://bit.ly/3RMKSUG)

Costanoan Tribal Council President Kanyon Sayers-Roods Affidavit (Sayers-Roods v. Machado, CAND No. 22-CV-0392-EJD, ECF Doc. 20), 06/10/22) (https://tinyurl.com/ksraffidavit)

Media Contact:
Amanda Liu
Robert Peterson & Fields Associates PC
+1 213-986-4414
[email protected]

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