Thursday, March 8, 2012

The Black Wall Of Silence: Part 1 - Exposing The Hidden Threat

Part1 - Exposing The Hidden Threat 

Contrary to the promise that our President made at a White House ceremony held on January 21, 2009, it appears that Transparency And  Rule of  Law Will  NOT  be the touchstones of this Presidency...

It appears that  threats to the civil rights of the people of this country hold a lesser priority to the current Administration than those threats to  rights of the Iraqi and Afghani peoples.  While we have brave men and women serving overseas fighting to bring democracy and rule of law to the middle east,  there seems to be a lack of activity on the homefront when it comes to addressing the serious and growing danger which threatens every citizen of the United States of America.

What I'm referring to is what I call the  "Black Wall Of Silence",  a term which describes the activities of certain groups of persons, who,  acting "under the color of law",  use their positions of authority to violate the law, and to strip those who come under their jurisdiction of  any semblance of due process under the law.

On its face it bears a resemblence to the so called "Blue Wall Of Silence"  (where  police officers acted to protect brother officers from public, administrative, and legal scrutiny for alleged unlawful acts),  yet this is something much more serious.  It's a cancer... a corruption as insidious as the dreaded disease, and like the disease,  it  threatens to destroy the entire body  of laws and process that is the basis for the rule of law that our country is based on.

Its  participants include judges (who wear the black robes),  lawyers (who hide behind the black robes), the anonymous law clerks and members of the so called "Grievance Committees"  (who clean the black robes),  and those other persons who knowingly lend active support  to these lawless acts.   Theirs is a secret  society whose insidious and covert activities serve to pervert the entire legal process in a most vile and destructive manner.

Its victims include any person who might unwittingly come under the jurisdiction of a court in which one of the participants is a presiding judge,  a representing lawyer,  who is part of this corruption.

Its victims also include those members of the legal system who strive to uphold the rule of law... judges, lawyers, clerks, all  those who see the law as something to be faithfully adhered to,  are the victims of this corruption.  Eventually, if  left unchecked, the entire judicial system of the United States of America itself will be the final victim of this malignancy.

Its crimes include, not only those abuses of the common everyday legal processes,  but also those crimes that result in  the manifold violations of the civil rights that are guaranteed to be protected by the  Constitution of The United States Of America, and the laws that are derived from it.

This is no fantasy... no product of frustration or  unsubstantiated conspiracy theories.  This is a clear and present danger to every  citizen in of this country who might one day enter a courtroom expecting a  fair adjudication of the issues before that court in accordance with the rule of law that we were brought up to believe existed.

It is equally a threat to all those in the judiciary who adhere to the notion that their sworn oath to uphold the laws of the land are more than just words, but a sacred trust that must be faithfully adhered to in order to preserve the integrity of the judicial process.


My name is Michael A. Hense, and this is my story of an how an otherwise unremarkable matrimonial action before the courts of the State of New York grew into a continuing six year struggle for justice which  eventually wound up at the doorstep of the Supreme Court of the United States of America.  It is a story that will bring to light the tip of an iceberg of judicial malfeasance, unethical lawyers,  and the  infrastructure that supports the illegal actions of these persons, who, acting under color of law, both on and under the bench, act to subvert not only the laws of the State of New York, but also those of the of the Constitution itself.  

This is also the story of those individuals that I've had the honor of meeting who act to uphold the law  and insure that the promise of justice under the "Rule Of Law" is not an empty one. 

Finally, it is a story of those otherwise unremarkable individuals, made remarkable by their decisions to fight the injustices perpetrated against them, and of  their perseverance and resolve to continue fighting despite the overwhelming odds they face.

Although I will focus on the courts of  New York,  what I will bring to light is a corruption that is by no means limited to those courts,  nor is it limited in its scope to the matters at issues in the individual cases before those courts.   The tentacles of  this corruption extend throughout the trial courts of the State of New York,  up into the Appellate Courts of the Second Department of the Ninth Judicial District, and eventually into the Federal Courts of the Second Circuit.

The issues are varied, but  what is at stake can essentially be narrowed down to those fundamental Constitutional Rights that should be afforded to every citizen of these United States...  the fundamental right to equal protection under the law and the right not to be deprived of life, liberty, or property without due process of law are at the center of what  hangs in the balance on the dangerously tilted scales of justice.

Names will be named...  excerpts from certified court transcripts will detail specific instances of wrongdoings   relevant law and applicable rules of the courts will be presented... appearances of impropriety will be highlighted.


On October 23rd, 2006,  at the New York State Supreme Court in the County of Westchester, I made my first appearance before the Honorable Justice Latia W. Martin in a preliminary hearing in response to a Summons and Complaint in an Action for Divorce.  The prior proceedings, originally heard by the Honorable Justice William Giacomo, were transferred to, and scheduled to be heard by the Honorable Justice Linda Jamieson;  supposedly due to the recent shakeup in the matrimonial courts in Westchester on the heels of the so called "Scarsdale Wives" controversey.   On this date, and while waiting to be called before Justice Jamieson, I was unexpectedly notified that the case had been again transferred and was now in the Court of Justice Latia W. Martin.

After less than ten minutes into these initial proceedings I was being ordered by Justice Martin to sign a so called "stipulation" which directed the immediate sale of the marital residence, the terms of which were spelled out by Justice Martin and scribed as directed by attorney Janette A. Baxter, the counsel for the ex spouse.

                                                           Oct 23, 2006  "stipulation"

Even though I was not represented by counsel and knew precious little about the law, it became immediately apparent that something was wrong.   I was witnessing first hand what I came to realize was  not only a direct violation of my rights as a property owner, but also a willful violation of my Constitutionally protected right to  due process under the law, which,  in this context meant that prior to a substantive hearing on the issues,  an order directing the forced sale of a property owned as tenants by the entireties was not only illegal,  and  an abuse of the process in which  a matter brought before the court for the dissolution of a marriage was being perverted to deprive a property owner of his rightful ownership of,  and  future use and enjoyment of his lawfully owned property.

Shocking was the fact that the order, which was being initiated by Justice Martin, and the terms of that order, which also were being entirely directed by Justice Martin, was about to be misrepresented to the Court as a stipulation,  initiated by and consented to by the parties,  when in fact just the opposite was true.

                                   excerpts from certified transcript of Oct 23,2006 proceedings
                                                                                         pages 9 and 10

                                                                                  pages 41, 42, 43

Even more shocking was the fact that ALL OF THIS WAS BEING DONE BY A JUSTICE OF THE COURT!

Surely, I thought,  this could not be right...  a  person that one would look up to as someone who would be expected to uphold the law and adjudicate a case fairly and in accordance with the law was now using her position and authority to violate the law and then to grant such violation with the official sanction of the court.

It soon became apparent to me that I was in fact, not in a court of law, but I was in reality, standing in the court of  judge Latia W. Martin...  a  court in which the law,  the rule of law,  the rules of procedure,  and the constitutionally protected rights of the parties did not exist... a court where the only justice being served was the justice as prescribed by Latia W. Martin.

                              14th Amendment to Constitution of The United States Of America

                                                                    NY Appellate Court Decision 


What was less apparent at the time was  the depths of corrupt nature of this officer of the Court, and the twisted subversion of the legal process which was about to begin...  I would soon begin to understand the true nature of the landscape into which I was suddenly being thrust into... the players, the hidden agendas, the connections that would help explain what was going on.  I was about to learn of the true nature of the beast...


This is only the beginning...

My name is  Michael A. Hense,  and  I Am Searching For Rule Of Law In America.