| STATE OF LOUISIANA |
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) ss |
| PARISH OF JEFFERSON |
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IN THE FIRST PARISH COURT
OF AND FOR THE PARISH OF JEFFERSON, STATE OF LOUISIANA
| STATE OF LOUISIANA, |
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| PLAINTIFF, |
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) DOCKET NO: F1681551 |
| VS |
) DIV. TRAFFIC |
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| MICHAEL E. DiROSA, |
) NOTICE AND DEMAND FOR |
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) BILL OF PARTICULARS |
| ACCUSED. |
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Comes
now into court Michael E. DiRosa, a free and natural born Citizen of
the State of Louisiana, appearing in proper person, unschooled in the
law, demanding all of his rights under the Constitution of the United
States and the Bill of Rights, to demand a BILL OF PARTICULARS in the
above entitled action.
This
Defendant does, again, challenge the jurisdiction of this court, a
challenge that has not, to this day, been rebutted. This Defendant
is forced to defend his life, liberty and property before an impotent
court.
Since my
challenge of jurisdiction has not been heard but only summarily
denied, absent proof nor showing by the Plaintiff, and even absent
the Plaintiff, this Defendant does demand a bill of particulars so
that I may understand the nature of the charges brought against this
Citizen of the State. This Defendant does demand the answer to the
following questions and any other information known to the District
Attorney that may aid me or hinder me in my defense.
Who is this entity known as the State of Louisiana
unrepresented in court? This entity that in its own name and not
in the name of its people does prosecute me. This entity that
appears to emit bills of credit by authority of Article VII
Section 5 of the Louisiana State Constitution. This entity that
drags me in front of First Parish Court when, by the Constitution
of the United States Article III Section 2 of the United States
Constitution, the Supreme Court of the United States shall have
original jurisdiction. Who is this entity that accepts something
other than gold and silver coin as tender in payment of debt?
Surely it can not be the Sovereign State of Louisiana of the
States United. I did and do demand to know who is this entity
calling itself the State of Louisiana. Is it the Sovereign State
of the States United or is it some artificial entity bound to
service for a term of years? If bound to service by treaty,
cession, or compact, how is it so bound and how am I bound? If
such treaty, cession, or compact exists I do demand a copy.
Into what court / administrative proceeding and in
what jurisdiction, have I been dragged, on the sole word and
authority of an agent of the overseer of the State's plantation,
the Department of Safety and Corrections? It appears to have some
of the trappings of a constitutional court, but does operate more
like a simple administrative procedure. Plus, I have been told by
the sitting judge on my March 16th, 2004 appearance
that this was not a constitutional court. From the flags it would
seem to be a Federal Admiralty Court posing as a State Court. Is
there some compact, treaty, or agreement that would apply to force
me into this unknown jurisdiction? If such compact, treaty, or
agreement exists I do demand a copy.
Who is this opposing counsel or party that I must now
serve with a copy of this document? I have not seen or heard from
one in any of the appearances I have made before a judge in First
Parish Court to answer or contest my challenge of jurisdiction?
By what right was an attachment issued, my person
incarcerated, beaten, tortured, held incognito and extorted. my
rights denied, my property seized and yet more demands to appear
in court and my further imprisonment in walking distance prison?
By what right was the vehicle, and the personal
property contained therein, taken, without due process of law,
forcing my illegal imprisonment in this walking distance prison?
If the State has some contention that I am not a
Citizen of the State of Louisiana entitled to his rights
guaranteed by the United States Constitution and the Bill of
Rights, I do DEMAND that such contentions be brought forward so
that I may challenge them as the fraud they are.
By what authority does the Plaintiff in this matter
claim that this State Citizen shall be brought before this unknown
jurisdiction without grand jury indictment, nor the sworn oath of
two witnesses, to face these infamous crimes,
I do demand that the Plaintiff do state on what
grounds does the State of Louisiana claim that this court has
jurisdiction.
I do demand that the Plaintiff do state on what
grounds does the State of Louisiana claim that it has standing in
this court.
I do demand that the Plaintiff do state what cause
of action does the State of Louisiana claim in this court.
Let the State state the reason that it believes that
Article VII Section 5 of the Louisiana State Constitution has
merit and is not unconstitutional as I have claimed.
Let the State state the reason, if not the obviously
unconstitutional lien imposed by Article VII Section 5 of the
Louisiana State Constitution, why the Department of Safety and
Corrections, as custodian of the State's property, does hold the
Certificate of Origin on this vehicle.
If the State has some contention, other than the
obviously unconstitutional lien imposed by Article VII Section 5
of the Louisiana State Constitution, that I no longer have my
Right to Travel let them drag it out for surely it too has no
legs.
By what evidence does the State believe that I am
driving as a matter of privilege and not traveling as a matter of
right as I am the undisputed owner of the vehicle in question?
By what legal authority does the State claim the
power to force this Defendant to surrender his freedom and become
a person bound to service of the Department of Safety and
Corrections, a body corporate, or be denied the use of any vehicle
and incarcerated in a walking distance prison?
By what legal authority does the State claim the
power to force this Defendant to surrender his freedom and become
a person bound to service of any corporation of the Insurance
Industry, or be denied the use of any vehicle and incarcerated in
a walking distance prison?
By what legal authority does the State claim the
power to force this Defendant, under penalty of perjury, to swear
that he will contract with any corporation in the insurance
industry or surrender the use and fruits of property to be used as
bond.
Are there any contracts, covenants, consent
agreements or treaties between the State of Louisiana and the
Department of Public Safety and Corrections? If so I do demand a
copy.
Are there any contracts, covenants, consent
agreements or treaties between the State of Louisiana and the
Social Security Administration and/or the federal government of
the United States? If so I do demand a copy.
Are there any contracts, covenants, consent
agreements or treaties between the Department of Public Safety and
Corrections and the entity known as the Jefferson Parish Sheriff?
If so I do demand a copy.
Are there any contracts, covenants, consent
agreements or treaties between the Department of Public Safety and
Corrections and / or the entity known as the Jefferson Parish
Sheriff and the entity known as D.C. Towing? If so I do demand a
copy.
Who and / or what is the Jefferson Parish Sheriff?
Is it a corporate militia as is the Louisiana State Police? Is it
a federal militia? Is it a State militia? By what authority was
it instituted?
What due process was afforded to this defendant
before his vehicle and the personal property contained therein was
seized by an officer of the Jefferson Parish Police as agents of
the body corporate known as the Department of Public Safety and
Correction, overseer of the State's plantation.
Under the Brady rule this Defendant does demand
that he be supplied with a copy of the service record of the
officer, on whose sole testimony I will be tried.
The answer to these question and demanded information
are vital and imperative to this Defendant's ability to understand
the charges against him and properly prepare a defense. Any
semblance of a fair trial will be forfeit if this Defendant is not
supplied with this information. Additional time will be needed by
this Defendant, after the receipt of this information, to properly
prepare a defense as this Defendant is currently incarcerated in a
prison. This prison is of such size that the bounding walls describe
the circumference of a circle whose diameter is the distance that I
can walk in a day, or half that distance if I maintain a habitat, and
does also include the property loss of time in transit. I have been
denied the use of any vehicle by which my right to travel to pursue
my happiness may be enjoyed. My vehicle, of which I am the
undisputed owner, has been stolen, without due process of law to
enforce my confinement. In fact, should evacuation of the City of
New Orleans become necessary, I can not escape my prison without
assistance. There is even a penalty for traveling further than the
bounds of my prison. I must either beg or pay a slave / bond servant
of the State, the body corporate known as the Department of Public
Safety and Corrections, overseer of the State's plantation, and
Insurance Industry to escort me. The Supreme Court Law Library is
outside of the confines of my prison, as are most of my books,
research and papers.
I do, again, notice this court and all parties that I
do maintain my challenge to the jurisdiction of this court until such
time as the record clearly shows, and this Defendant is clearly
informed of, the jurisdictional grounds on which I have been dragged,
at the literal gun barrel of government, into this court, the
standing of the Plaintiff and the cause of action of the Plaintiff.
Until such time as jurisdiction is proved, and not presumed, I do
refuse to motion an incompetent court least someone, by some
fantastic stretch of the imagination, contend that my challenge of
jurisdiction has been abandoned. I do, again, state that until such
time as jurisdiction, standing and legal cause of action is proved,
clearly in the record, by the plaintiff, as is their burden, I do
challenge the jurisdiction of this court. My challenge of
jurisdiction has never, to this day, been rebutted.
I do
certify that the foregoing is true and correct to the best of my
knowledge and belief.
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
ORDER
It is hereby ordered that the District Attorney supply
this Defendant with this information at least 60 days prior to trial
so that this Defendant has ample time to prepare his defense. It is
hereby ordered that the trail date set in the above entitled matter
be changed to allow this defendant the time necessary, after the
receipt of the information demanded in this bill of particulars, to
properly prepare his defense. The new trial date will be set for the
____________________ day of __________________, 200_.
This ___________________ day of _______________________,
2007
_________________________________
JUDGE
CERTIFICATE OF SERVICE
I,
Michael E. DiRosa, do hereby certify that I have delivered a true and
correct copy of the foregoing document on this 6th, day of
April, 2007, by either
with bond servant / slave escort or by open defiance of the tyrant
and overseer of the State's plantation by use of my self propelled
motor vehicle known as a bicycle, to the United States Postal
Authority where I did place into their custody a certified letter,
return receipt requested to the Clerk of that Court
containing one copy of this document for the Court and a separate
copy for the unknown Prosecuting Attorney.
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX - XXXX
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