www.DamnCourthouseCriminals.com
This site as a TUTORIAL and WARNING, from someone who grew up in Germany under HITLER,
 how such lawlessness there, led to the
election of a reckless madman - and World War II.
I was 8 years old at the end of the war, was 13 when I came to America, barely speaking any english
Under Construction  UDO BIRNBAUM,  (903) 479-3929, brnbm@aol.com  
11-14-2018
    WEB FORUM - working  (no NAME or EMAIL ADDRESS required)  OLD



Having tried ALL ELSE to put a STOP to this OUTRAGE upon me, I decided to literally CRY FOR HELP - in our 294th Courtroom - me holding TWO of these posters over my head, loudly crying "HELP" - and they neither ARRESTED me, nor DID ANYTHING about my complaint - but they have been PUBLICLY PUT ON NOTICE - AUDIO   Synopsis of Evil - the Emperor has no clothes
 
Damn Courthouse Criminals
For pure fun, go search Google for "damn courthouse criminals", "plea to the jurisdiction and sanity", "judge poopi", "assignment to pass out pumpkins", "judge abcde" - try with and without quotes, maybe with "Van Zandt" thrown in. Even Google can understand!

"the dogs that caught the car"



I need to get them to ARREST me - to fully set the hook - to show them for the CRIMINALS they really ARE. Make "them" explain, to a JURY, why they arrested me, AT OUR COURTHOUSE, for complaining about crimes IN OUR COURTHOUSE, and BY OUR COURTHOUSE. Why I need to get them to arrest me
 
Hey, FBI - this "stuff" is SERIOUS
A fraudulent BEAVER DAM SUIT against me to start - - morphing into retaliation  by the Court itself -
for me having made a counter-claim - a FIRST AMENDMENT RIGHT

WELL-INTENTIONED - as caught by the court reporter
    ALL VENOM - as in the $62,885 FINE     ALL VENOM - as in the $125,770 FINE

 
"Van Zandt Courthouse Beaver Dam Scheme" - YouTube video - a swift short overview

What Possessed Judge Paul Banner

A Psychological Study through his $62,885 Court Fine
Diagnosis: paranoia of INVASION by pro se litigants and "civil RICO" lawsuits

"claim as far as RICO"
- Sanctions Hearing   "to stop Birnbaum and others like him" - Banner Findings
(frame grab courtesy YouTube Tex Avery Cartoon SH-H-H-H-H-H)
 


Guide to this site
Use <CTR>  < +,- >  to adjust text / display size
See my www.OpenJustice.US for MUCH, MUCH more.

The Beaver Dam Suit against me - key documents

My neighbor Jones' complaint
- was about BEAVERS

His shyster lawyer sues me
- for ME wrongfully and unlawfully "building and maintaining" a dam in violation of  Section 11.086 of the Texas Water Code. ALL FRAUD

Sheriff's Deputy Report
- on day suit served on me

Private Investigator Report
- and related "stuff"


I complain of fraud to Judge Wallace

Harassing deposition by Canton Attorney


Jury trial exhibits -
lots and lots of photos

Trial Transcript
- of the all-week jury trial

Court's Charge
- Judge Zimmermann gives fraudulent instructrions and questions to the jury. Even then, the jury finds ZERO damages (unanimous verdict)

Hearing Entry of Judgment"
- hearing after hearing to assess "legal fees" against me. (legal fees recovery NOT even available for suit under Texas Water Code - and certainly NOT a "winning party)

Fraudulent "judgment of affirmative injunction" -
despite lawyer NOT a "winning party" (ZERO damages)

Petition to set-aside "judgment of affirmative injunction"

Emergency Motion for Relief from TWELVE Giant Van Zandt County Hogs
-
such hogs interfering with my court-ordered surveilance of Steve's Creek
 
The Beaver Dam Suit against me - short narrative

My upstream neighbor, retired military, captain I believe, then bank loan officer, then pet shop owner, goes to war with his BEAVERS.

DYNAMITES a fifteen (15) foot section, of their four (4) foot dam, of their ten (10) acre lake, and flushes the whole MESS down upon and accross my farm.

And afraid the "overgrown rats" would come back, wants to DYNAMITE on my downstream creek.

Permission denied. Problem was in his head. No more BEAVERS. He had solved HIS water problem - all by HIMSELFf - on HIS property - by clearing out HIS beavers.



His shyster lawye
r, seeing two old codgers, and lots of "legal fees" - and knowing natural beavers do not give him a "cause of action" - simply changes the facts.

Sues me for violating Section 11.086 of the Texas Water Code, for me having been and presenty being the cause of my neighbor's flooding - by having "built and maintained" a dam, and wanting the court to ORDER me to remove such dam, and seeking $10,000 in damages.

All fraud. No such dam, No such flooding. I represent myself "pro se", i.e. self-represent, i.e. have no lawyer.

All week jury trial. Unanimous verdict of ZERO damages.

Judge James B. Zimmermann, nevertheless, wants to put $10,000 in attorney fees against me, and an injunction to force me to remove my non-existant dam.

Judge Zimmermann had hearing after hearing after hearing - always telling me he was going to enter judgment against me for $10,000 attorney fees.

And finally, out of desparation, I picked a lawyer - at random - out of the Tylter telephone directory - he told me to file a motion for a "take nothing" judgment, even gave me an example filing - and did not even charge me. He must have felt real sorry for me.

But no luck with Judge Zimmerman. So I hire an Athens attorney, pay him $2500 - and he does a bang-up job before Judge Zimmermann - but again no luck.
 

The Beheaded Calves - how G. David Westfall became my lawyer
G. David Westfall would be the one to later sue me

Living with me at the time was my invalid mother, aged 93. A friend, Michael Collins, whom I had come to know through visiting Judge James B. Zimmermann always hearing both of our cases on the same day, was also living on my farm in a little trailer he had moved in. I had also let a local young man, not living on my farm, bottle feed some dairy calves at my barn.

Early one morning, the fellow banged on my door, to tell me that the heads of some of his calves were cut off, that there were no heads around, and no blood either.

Someone must have contacted the sheriff - and it seems like everybody came out - the newspaper, then constable C.B. Wiley, the speculation being that it was connected to DEVIL WORSHIP - and the whole shebang made the front page of the Athens paper - with a full-color picture of the beheaded calves - and my name and Mike's.


A few days later, I received a call from a Kathy Young, trying to get in contact with Michael Collins, and I relayed the message to him.

Kathy somehow talked Mike to immediately drive in the cold dark night - 60 miles or so - to Italy, Texas, to meet with Dallas lawyer G. David Westfall - at his 640 acre cattle ranch.

Westfall, I only later learned, had been convicted of animal cruelty - for starving a whole bunch of his cows. That is why the beheaded calves might have caught his attention.

I NOW know that G. David Westfall's interest was NOT Collins, nor the beheaded calves, nor money at that moment, but he was URGENTLY trying trying to ingratiate himself with JUDGE JAMES B. ZIMMERMANN - by helping to help him get out from having royally screwed up - with an all week BEAVER trial.

With Mr. Birnbaum still making loud noises - and now DEVIL WORSHIP - with a full color front page spread in the paper!

The Westfall legal fee suit against me - key documents
G. David Westfall was claiming an "unpaid open account"
There was NO SUCH ACCOUNT

Westfall retainer agreement
- a mere "memorandum of our understanding" - as the document so states, regarding my non-refundable $20,000 pre-paid

Westfall fraudulent "unpaid open account" suit - no such "open account" ever existed - there never was a "debtor/creditor" relationship. Was $20,000 pre-paid.

Westfall amends his suit -
now adds sworn affirmation as required for a "sworn account" suit

Judge Banner gives fraudulent jury instructions and questions


Judge Banner imposes $62,885 FINE - and "awards" it to the other side. This was a JURY case - he can't do that.

Judge Banner makes CYA "Findings" - to conceal his unlawful $62,885 FINE.

Judge Banner real reason for his $62,885 FINE
-
as caught by court reporter - as PUNISHMENT for me having made a counter-claim - a First Amendment Right

Judge Chapman imposes ADDITIONAL $125,770 FINE
-
for me complaining  about the $62,885 FINE - and for "a delusional belief held only inside the mind of Birnbaum", etc. etc. ad nauseam. CRAZY

"Happy April Fools Day"-
my recollections upon the insane April 1 recusal hearing, the $125,770 FINE, the $62,885 FINE, the Westfall fraud, etc.

Abstract of Judgment - upon Judge Paul Banner unlawful $62,885 FINE. Can't do abstract of JUDGMENT - on an ORDER.

 -
.  on Motion for Sanctions
. Can't do that - NOT a judgment - not "adjudicated" - certainly NOT before the jury.

Writ of Execution - send a sheriff with a gun


Applicaton for Writ of Scire Facias to Revive Judgment
(This "judgment" - was never a judgment)


Hearing to Revive Order
- real "scrappy" hearing before Judge Paul Banner. Insane "revival" of an ORDER. ORDERS do not go "dormant".      Assignment to pass out PUMPKINS  AUDIO

Hearing before Judge John McCraw - me complaining about Judge Paul Banner - good case law in here.  Well worth listening to - several times over!  AUDIO  PDF

Complaint at the District Attorney -  The investigator threatened too "personally put the handcuffs" on me - if I had "made all this stuff up" - then he disappears. AUDIO

Inquiry at our JAIL - my "just for fun" inquiry - about the "services" they can supply. AUDIO

The Legal Fee suit against me - short narrative
by G. David Westfall - claiming "unpaid open account"

This suit against me, was by MY OWN lawyer - whom I had retained because of the Beaver Dam matter.

Or rather, by my own lawyer - who had PRESSED HIMSELF upon me - unbeknownst to me at the time.

Westfall
did have me sign a retainer agreement, or rather a "letter memorandum of understanding" - regarding billing and accounting - re my $20,000 PREPAID retainer.

However, in depositions, when I questioned him, Westfall flatly stated that he had NEVER "promised anyone that they would be billed monthly".

And even after having the document open right in front of him - Westfall would NOT admit that he had indeed promised to "bill me monthly".

This raises TWO issues:

1. If Westfall indeed never routinely promises anyone that they will be billed monthly, WHY would he not only TELL me he would, but indeed put it ON PAPER?

2. And at depositions, confronted with paper, why would Westfall insist, that he had not promised, that he would bill monthly.

Monthly billing is of course normal procedure - on ANY account - if for no other reason that that ERRORS can be timely corrected - and FRAUD by BACKDATING - as Westfall had done - precluded.


Then of course there was no ACCOUNT established by me retaining Westfall, with my non-refundable $20,000 pre-payment, and NEVER a debtor/creditor relationship.

And certainly no OPEN ACCOUNT as he sued me for, i.e. a '"systematic sales and delivery" of "goods or services" - like between a house builder and lumber yard - the lumber yard always bringing "new stuff" - and the house builder always paying off on the "old stuff".

So WHY did Westfall promise ME - on paper - that he would bill me monthly - and also promise - on paper - NOT to charge me any large amounts - "without my approval"?

Very simple. Westfall knew I was not stupid, and that I would NOT sign any agreement, WITHOUT such assurance in there.


Short Tutorial on Due Process and "Suit on Open Account"

1. A suit on "open account" - is something very special. Per the rules of procedure, if I had not denied Westfall's claim - UNDER OATH - Westfall's numbers would have been "deemed" true - and I would no longer be allowed to deny such account.

2. Westall's initial filing of his "open account" suit did NOT include an AFFIRMATION under oath. Westfall attaching such affirmation - would of course have tipped me off - that is why he did not attach such, nor "The Bill" - which he would later produce, as well as an affirmation.

3. Under this "state of affairs" - of TWO diametrically opposed affidavits - Judge Paul Banner was REQUIRED to appoint an AUDITOR - "to make a finding for the Court" - of the "state of the account" - FOR THE COURT.

4. Judge Paul Banner not only REFUSED to appoint such, but even REFUSED to RULE on my motion to appoint such auditor.

5. I therefore filed with the 12th Court of Appeals in Tyler for a Writ of Mandamus - to make Judge Paul Banner appoint such auditor.

6. Judge Paul Banner appointing an auditor, would of course have stopped the Westfall fraud in its tracks - and precluded the Judge Banner fraud of fraudulent instructions and questions to the Jury.

7. And precluded the $85,000 judgement, the $62,885 sanction, and the $125,770 sanction.

8. AMEN - for now. Enough said - for now.
But first - a little bit about me
as an intro - to my later on "opinions" - on our courts - and everything else under the sun
UDO BIRNBAUM - Defendant
My farm in Van Zandt County:

Both of my parents, aged 86 and 80, had helped pay for my house and moved in with me on my farm. We would go visit with my neighbor who was the one who would ultimatelyl sue me over BEAVERS.

We would all sit at the little area near the pier of his catfish pond, which he had built up on his hill, with water being pumped up from his property where beavers were damming up Steve's creek, the little creek coming from his place onto my property.

Mr. Jones was real proud of the baby catfish he was raising, till one day I tried to show him that these were NOT baby catfish - but TADPOLES. To him they were catfish - and I found myself forced to immediately change the subject. Enough said.

But Mr. Jones did help me put in about 400 feet of pvc pipe down to my stock tank, much like he had done down to his beaver dam.

He also gave me the ringneck pheasants he had been keeping up by his house. Talk about WILD and CRAZY birds!

I myself had all kinds of things running around, geese, ducks, pheasants, guineas, quail, bees, catffish, cows, calves, dogs - plus several gardens between my father and me - and the two of us planting trees all over the place.

In the meantime my father had died at the age of 93 and my mother aged 90 had become an invalid - and I had not talked to Jones for several years - till he called, all exited - complaining about BEAVERS.

At that time I was tutoring about 12 neighbor homeschooling kids - grades 6 to 12 - but only in science and math.
My farm in Van Zandt County (cont'd)

We would meet at different homes during the week - and these kids and their parents would be the ones I took out to the alleged BEAVER site - Jones' crazy lawsuit in hand - and reality out there for everyone to see - and these kids would show up in all of my court trial exhibits.

I was also at the time bottle raising about 60 dairy calves.

Incidentally, without my knowing it, one of the parents I had taken out on my "field trip" - confronted Jones about his crazy WATER CODE suit - and Jones told him - that he had NOT told any such to his lawyer - and that his lawyer had told him, that he would "take care of it".

Growing up in Germany:

I grew up as a child in Germany - as a German - 8 years old at the end of World War II, 13 years old when I came to America, hardly speaking any english.

But we missed ALL of the war, never went hungry, lived off RABBITS and our large garden, never saw anybody hurt or bombed.

Never saw a German soldier, anyone in boots or uniform, marching music or popaganda. We had no radio, no telephone, and no news.

Later on we had had about four refugee families come live in our large house - and the little newspaper - we would aternate as to who would ultimately be using it for TOILET PAPER!

The young men were of course all away at war - but who notices that as an 8 year old?
Growing up in Germany (cont'd)

And I did not know, at the time, that I had been born in Houston, Texas - when my parents were over here in the 20's and 30's - finding oil fields!

It was, of course, wise NOT to tell me about America, certainly NOT with Hitler running around!

And the one, who my dad had worked for in Houston, before my dad had gone back to Germany in 1938, who had become a millionaire - when it still meant something to be a millionaire - would be the one to pay the bill for bringing us back to the good old USA, and "sponsor" us - so we would not become a burden to the taxpayers.

School - Houston and Dallas:

At Houston Deady Jr. High, they put me into the eighth grade and into a remedial class.

At Houston Milby Senior High I would be co-valedictorian of a class of about 400.

At Rice Institute (now Rice University) I would graduate magna cum laude with a degree in electrical engineering.

Then on to Dallas and Texas Instrument, field service to Saigon, South Vietnanm, then a career designing several integrated circuits - part of the "hardware" visited upon Saddam Hussean in the First Gulf War.

Then sometime later I bought a farm in south Van Zandt County, with my parents moving in with me.

Then, in my dodage years - BANG - the DAMN BEAVER suit.

But, at least, avoided Hitler.
What Possessed Judge Paul Banner

A Psychological Study through his $62,885 Court Fine
Diagnosis: paranoia of INVASION by pro se litigants and "civil RICO" lawsuits

"claim as far as RICO"
- Sanctions Hearing   "to stop Birnbaum and others like him" - Banner Findings
(frame grab courtesy YouTube Tex Avery Cartoon SH-H-H-H-H-H)
 
Judge Paul Banner $62.885 FINE pronouncement:

Judge Paul Banner, at the Sanction Hearing at which he imposed the $62,885, pronounced the following reason - and NO OTHER - for imposing this sanction:

“In assessing the sanctions, the Court has taken into consideration that although Mr. Birnbaum may be well-intentioned and may believe that he had some kind of real claim as far as RICO there was nothing presented to the court in any of the proceedings since I’ve been involved that suggest he had any basis in law or in fact to support his suits against the individuals, and I think – can find that such sanctions as I’ve determined are appropriate”. (Judge Paul Banner, Transcript, Sanction hearing)

Parsing this finding:

 Judge Banner found that I was "well-intentioned"

 And that his sanction was because there being no merit to my claim

 And that there was no merit because my evidence did not indeed show my claim - of a violation of the RICO statute upon me.

Was of course a JURY trial. Why was Banner "weighing the evidence"?

The Law:

 Filing a lawsuit - ANY claim in court - is a First Amendment Right

 A Court, in civil process, cannot punish for the merit of a case.

 A Court, in civil process, can only punish for the CONDUCT of a party.

 Even then, such punishment has to be "coercive", CANNOT be "unconditional", has to provide "keys to own release", i.e. by complying with some Order, i.e. has to be "forward looking" - and not upon "past completed acts".

Unconditional Punishment - as in this case - i.e. upon PAST and COMPLETED - requires full criminal process - including a finding of "beyond a reasonable doubt" - by a JURY.

That simple. US Supreme Court. US Constitution.


 

What is civil RICO?
only one
private attorneys general
Tafflin
has to go to jury
only issues of fact
go to the ultimate issue of violation
federal courts have pleading requirements
whether these indeed plead a violation

What was in Banner's mind?
So What?
What CAN I do?  What SHOULD I do. What MUST I do?
Nov. 18, 2018
I will start a DIARY - sort of

Well - not really. Age 82 is a liitle late to START a diary.

This will be more like "pulling together" some of the stuff I have on this website - in the form of annotated official documents - and the same such as I have on my more mature www.OpenJustice.US.

That site is a one-of-a-kind twenty (20) year collection of court fracas that should NOT have happened.

The question that always keeps haunting me -did this happen BECAUSE of me - or does it ALWAYS go on - maybe at a lower intensity - and "we" don't recognize it - because it generally does not affect us directly and personally.

As for me personally, this has been an experience. How is it possible, to have gone through TWELVE (12) year of high school - with all kinds of civics classes, FIVE (5) years of college, THIRTY (30) years of high-tech at Texas Instrument, NOT to have been taught or become aware of such - until it is too late?

Anyhow, at least for now, in the form of "thoughts" and "reflections" it will be - to be as tutorial, constructive, and open as I can be.

It is clearly a little late for me to run for office - to have an impact. So, this form is it- at least for now.

START - CONSTRUCTION ZONE
LOTS OF OLD DUPLICATE "STUFF" HERE
     
 
So What
Why am I going to all this trouble?
WHAT am I DOING about the "Damn Courthouse Criminals"? This from my "more noisy" www.OpenJustice.US site:

MISSION STATEMENT

This website as a WARNING and TUTORIAL of just how outright EVIL, DEVIOUS, and CRIMINAL a COURT, JUDGES, and LAWYERS can get.

WHY I need to get them to ARREST me   (PDF)

Synopsis of Evil - The Emperor has no Clothes  (PDF)

They have been "noticed" in each other's presence:  (AUDIO)                        
 

With TWO 17x11 "BATSHIT CRAZY" signs as above, one in each hand over my head, I so presented myself into our courtroom. Here is the AUDIO.

END MISSION STATEMENT 

AND SO, in this site's "less noisy mode:

WHY am I DOING what I am doing?

WHY do I need to know, WHY I am doing?

WHY do I need to know, WHY I need to know, WHY I need to know?

Something like the eternal question about what came first, whether the chicken, or the egg.

Or the matter of the turtle holding up the world, that turtle held up by a bigger turtle, etc., etc., with the punch line, "can't you see, it's turtles all the way."

Or why fire ants want to nest in electrical control boxes


OR WHY these "Damn Courthouse Criminals" - did what they did - upon me?

Did they do such on ME only - or have "they" done such before - or are going to do such AGAIN - because such is their NATURE and modus operandi ("MO")

NEXT, Sigmund Freud, with his couch.
Next, Sigmund Freud's actual couch:

Sans his scandalous Biography of Woodrow Wilson


without ever having even met the man

Google on Goldwater Rule for psychiatrists


     


Both my parents came from teacher families, from small villages, the preacher being the superintendant of the schooling, and constant hick-hack between the teacher and the preacher.

Such must have affected my parents' outlook on religion - although they sent me to catechism school at about the age of twelve. I still remember that preacher coming into our class, in a dark cape, flapping something like Dracula. In middle school we also had a preacher come in, on his bicycle, then again enter with his cape - and become a real terror - till he got back on his bicycle again.

Why do I mention such? Because I did not think much about it at the time - and I now think a lot about - WHY I never thought about it at the time.


We are creatures of our surroundings. Italian kids - wind up speaking Italian, eat spaghetti, and do as Italians do.
 
Spent a lot of time. Chess, Walks, watch Huston Smith the religions of man.


First - a few odds and ends

Baseline Study - ME, Udo Birnbaum

Next - Legal Fee Suit Judge Paul Banner (trial judge)

Next - Legal Fee Suit Plaintiff G. David Westfall

Next - Legal Fee Suit Lawyer Frank C. Fleming

Next - Beaver Dam Plaintiff William B. Jones

Next - Beaver Dam Lawyer Richard L. Ray

Next - Beaver Dam Suit Judge James B. Zimmermann (trial judge)

Next - Beaver Dam Suit Judge Tommy C. Wallace (first judge)

Judge Andrew Kupper
Judge Don Jarvis
Judge Don Metcalfe
Judge Pat McDowell
Judge John Ovard
Judge John McCraw
Judge Joe Leonard
Judge Richard Mays
Judge Randall McDonald
Judge Joe Clayton (no-show)
Judge Ron Chapman
Judge Jerry Buchmeyer
Magistrate Paul Stickney
Judge Richard Davis
District Attorney Leslie Dixon
investigator Rick Sullivan
District Attorney Chris Martin
DA Investigator Allen Kincaid
DA Investigator Justin Collins
Judge Teresa Drum
Judge Mary Murphy
Sheriff M.L. Ray
Texas Ranger Michael Adcock
Tyler FBI Office
Tyler Justice Department
First - a few odds and ends
Texas Natural Resource Commission
Commission on Judicial Conduct
Texas Bar
attorney Joel C. Elliott
attorney Richard L. Ray
attorney Victoria Thatcher Ray
sheriff Dale Corbett
attorney Bernstein - or such
attorney Martin Bennett
attorney G. David Westfall
attorney Frank C. Fleming
attorney ? Cassel
attorney for Texas AG
Dallas Federal Court
Fifth Court of Appeals
Tyler Appeals Court
Tyler Federal Court
Dallas Appeals Court
Texas Supreme Court
US Supreme Court - TWICE
Next?
294th District Court
Dallas Appeals Court
 
DISREGARD ALL THE BELOW
IT IS A "CATCH-ALL" AREA
FOR "STUFF" TEMPORARILY "PARKED" HERE