PREAMBLE

At least, the principle "innocent until proven guilty; does not exist in a court martial.

IN 2007, MY COMMAND HAD TO INTERVENE SO (EKG) WAS NOT ARRESTED BY THE STATE OF CALIFORNIA ON CHILD ENDANGERMENT CHARGES, INCLUDING SOLICITING SEX A 3AM TO 4 INDIVIDUALS AND SEXUAL ASSAULT TO ANOTHER BY THE NAME OF "MAURO", ALL THIS WAS DOCUMENTED BUT NOT PROCESSED.

HER DAUGHTER (Arias) ACTIVATED THE 911 DISPATCH AT 3AM TO REPORT HER MOTHER'S PUBLIC INTOXICATION WHILE I WAS ON A 7 MONTH DEPLOYMENT.

THE GOVERNMENT IS FULL OF HYPOCRITS, IT'S OKAY WHEN A MINOR SEXUALLY ASSAULTS AN ADULT AND LIES IN COURT, THE COURT  FAITHFULLY BELIEVES ALL THE BITCH HAS TO SAY WHILE SHE ENJOYS ABSOLUTE INMUNITY BUT, WHEN THE SAME BITCH STARTS KILLING COPS GTA STYLE OR STEALING FROM THE GOBVERNMENT, THEN ALL OF A SUDDEN THE MINOR IS NO LONGER CONSIDERED A MINOR AND SHE IS TRIED AS AN ADULT.

(Arias) WAS SHELTERED BY THE ABSOLUTE INMUNITY, AND REASON BEING SHE DID WHAT SHE DID WITHOUT HAVING ANY LEGAL CONSEQUENCE, AND THE MAIN REASON WHY THE NAVY COULD'T USE HER STATEMENT. INSTEAD , THE CLOWNS USED MY FALSE ADMISSION, AFTER 12 MONTHS OF LOCKDOWN, THREATS AND HARASSMENT.

THE DAY (Arias) SEXUALLY ASSAULTED "ME" AFTER SHE HAD ALREADY THREATENED ME ALREADY, I SPOKE TO A  FEMALE ATTORNEY AT PORT HUENEME NAVAL BASE BUT, I DID NOT MENTION THE PERPETRATOR WAS ACTUALLY (Arias) BECAUSE SHE ALSO ACCUSED (Gaitan).

THE ATTORNEY I SPOKE TO, SAID I STOOD NO CHANCE TO WIN THE CASE ADDING THAT, THE ONLY WAY TO AVOID A COURT MARTIAL WAS TO GET KICKED OUT OF THE NAVY BEFORE SHE FILED THE ACCUSATION.

DURING THE DEPLOYMENT, I TOOK SOME DIET PILLS BY THE NAME OF EMAGRECE  AND POPPED POSITIVE BUT, THIS WAS NOT GOING TO SAVE ME EITHER FROM PRISON TIME IF I SAID I POPPED POSITIVE ON PURPOSE AND BESIDES I DONT EVEN THINK THE NAVY WAS GOING TO BELIEVE MY SIDE OF THE STORY EITHER.

DURING THE NAVY (NJP) I DEFENDED MYSELF AND THE CASE WAS DISMISSED AMAZINGLY.

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IN 2009, DURING THE NCIS INTERROGATION, I FALSELY ADMITTED TO THE WRONG DOING TO QUALIFY FOR THE RCM 705 NEGOCIATION. HAD I REMAINED SILENT OR DEFENDED MYSELF, I WOULD HAVE RECEIVED THE MAX OF 90 YEARS TO LIFE IN PRISON.

THANKS TO TANNI'S LEADING AND ARGUMENTATIVE QUESTIONING, I WAS ABLE TO FILL IN THE BLANKS AND COME UP WITH THE VERSION OF MY STORY.

IN COURT, I WAS FORCED TO READ A PREWRITTEN STATEMENT AND I HAD TO APOLOGIZE FOR MY BOGUS ACTION TO THE VICTIM AND TO ALL.

THE TERM "BASELESS ACCUSATION" HAS A LEGAL MEANING, THERE'S NO EYEWITNESSES, NO DNA, NO VIDEOS, OR EVEN ANYONE WHO CAN CLAIM TO HAVE THE PRESUMPTION THAT A CRIME WAS TAKING PLACE, ANYTHING THAT COULD DIRECTLY OR INDIRECTLY CONNECT THE ACCUSED TO THE CHARGES IMPOSED. 

IN 2010, AT THE USDB OF KANSAS, I HAD TO TAKE TWO POLYGRAPH(S) AS PART OF THE SEX OFFENDER TREATMENT PROGRAM HOWEVER FOR THEIR MISFORTUNE, I PASSED BOTH POLYGRAPH(S) SO, THE PRISON COULDN'T PLACE ME IN.

IN THE OTHER HAND, IF I HAD COMMITTED SUCH A CRIME, I WOULD HAVE ONLY RECEIVED 2 YEARS OF PRISON-TIME SO, THIS AUTOMATICALLY DEMONSTRATES THAT, GUILTY CRIMINALS EXIT PRISON SOONER.

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IN 2003, (Gaitan) CAUGHT (Arias) HALF NAKED INSIDE (Portillo's) ROOM WITH A 30-YEAR-OLD AND DID NOT REPORT THE INCIDENT, NOT UNTIL THE GUY HAD LEFT THE HOUSE. (Arias) STARTED PSYCHOLOGY SESSIONS FOR RAPE VICTIMS AND NEVER MENTIONED MY NAME. SHE WAS ALSO INTERVIEWED BY COPS REGARDING THE INCIDENT AND NEVER MENTIONED MY NAME. SHE ALSO UNDERWENT A FORENSIC EXAM AND ALL LABS CAME BACK NEGATIVE.

LATER IN 2007 AND WHILE I WAS ON ACTIVE DUTY, (Arias) GOT IN TROUBLE AGAIN WHERE COPS QUESTIONED HER. SHE WAS PLACED IN A MENTAL FACILITY FOR 2 WEEKS AND WAS PRESCRIBED PROZAC FOR HER ANGER ISSUES.

SO, (Gaitan) CAUGHT HER DAUGHTER (Arias) LOCKED HALF NAKED INSIDE HER GRANDMOTHER'S ROOM WITH A 30-YEAR-OLD MAN INSIDE AND DIDN'T CALL THE AUTHORITIES NOT UNTIL THE GUY HAD LEFT THE HOUSE. THIS TYPE OF ACTION HAS A SECTION UNDER TITLE 18 FOR NOT REPORTING THE CRIME AND, FOR HELPING A CRIMINAL FLEE THE SCENE OF A CRIME BEFORE CALLING THE COPS.

LATER THE SAME GUY RETURNED TO (Gaitan's) RESIDENCE LOCATED AT 20560 NE 8 CT, AND ALLOWED HIM IN AND OF COURSE, PUPPET DAVID LEVINE APPARENTLY DIDN'T SEEM TO CARE.

THE OFFICERS THAT INTERROGATED (Arias) IN 2008 ABOUT ANOTHER SEX INCIDENT WERE NOT ALLOWED TO TESTIFY, HE ASKED (Arias) IF SOMEONE ELSE IN THE FAMILY HAD ABUSED HER SEXUALLY AND (Arias) RESPONDED "NO"; EXCEPT SHE MENTIONED HER MOTHER'S ABUSE AND OF COURSE, PUPPET DAVID LEVINE DIDN'T CARE.

EXPERTS TESTIMONIES OF CLINICAL PSYCHOLOGISTS THAT EVALUATED (Arias) INCLUDING HER VOLUNTARY AND UNCOERSED ADMISSIONS DURING THE 2007 PSYCHOLOGY SESSIONS, WAS ALSO NOT USED FOR OBVIOUS REASONS IN DIRECT VIOLATION OF THE LAW OF Brady v Maryland.

SO, PUPPET DAVID LEVINE AND BETH COVERED UP ALL THE EVIDENCE THEREFORE, NOT ONLY THIS IS 60(d)(3) FRAUD BUT ALSO SUBJECT TO TITLE 18 SECTION 1001 OF THE UNITED STATES CODE.

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DURING MY 7 MONTH DEPLOYMENT ON 2007; (Arias) ACTIVATED THE EMERGENCY AT 3AM IN THE MORNING WHILE HER MOTHER (Gaitan) WAS TRASHED DRUNK OUTSIDE TO THE POINT THAT, WHEN OFFICERS ARRVED, SHE COULD NOT WRITE THE POLICE REPORT WHERE SHE CLAIMED THAT A GUY BY THE NAME OF (Mauro) ASSAULTED HER SEXUALLY HOWEVER, THAT IS NOT WHAT (Arias) STATED WHEN SHE WAS QUESTIONED IN A VOLUNTARY ADMISSION ABOUT THE ALCOHOL INCIDENT.  THE NAVY COVERED THAT UP AND THE STATE WAS NOT AWARE. Id, Brady.

MY DAUGHTER WHO WAS ALSO A CHILD WANTED TO APPEAR TO TESTIFY ON MY BEHALF HOWEVER SHE WAS NOT ALLOWED FOR OBVIOUS REASONS. Id, Brady.

PHONE CONVERSATIONS AND TEXTS INCLUDING THE SEARCH WARRANT OF MY HOUSE  AND AUTOMOBILE WHERE, THEY FOUND NOTHING WAS NOT USED EITHER. Id, Brady.

THE TWO NAVY OFFICER'S DECLARATIONS THAT TRAVELED TO MIAMI TO INVESTIGATE WAS NOT USED. Id, Brady.

ALL THE CLINICAL PSYCHOLOGISTS THAT EVALUATED (Arias) AFTER A SEX INCIDENT(S) INCLUDING POLICE OFFICERS INTERROGATING HER WERE NOT USED EITHER. Id, Brady.

HER MOTHER'S ADMISSION WHERE SHE STATED SHE SAW OR EVEN QUESTONED NOTHING DURING THE 10 YEARS I LIVED IN THE HOUSE WAS NOT USED. Id, Brady.

WHEN THE OFFICERS TRIED TO CONTACT (Aria's) FAMILY TO TESTIFY, THEY ALL REFUSED TO SPEAK TO THE OFFCERS. 

THEREFORE, NOT ONLY, WAS I INNOCENT "AS MATTER OF FACT, BUT ALSO AS A MATTER OF LAW" SO ALL THESE PEDOPHILE DEMOCRATS OWE ME 9 YEARS OF FEDERAL KIDNAP, AGGRAVATED ASSAULT AND ATTEMPT TO HOMOCIDE.

THE LEGAL TERM "AS A MATTER OF FACT" MEAN, THE EVIDENCE DEMOSTRATES AND "AS A MATTER OF LAW" MEANS, ACCORDING TO THE NON-FRAUDULENT EVIDENCE THE LAW IS APPLIED; IF THE EVIDENCE HAS BEEN MANIPULATED, ALTERED, CHANGED OR REMOVED FROM THE INVESTIGATION, THIS IS CALLED 60(d)(3) FRAUD THEREFORE THIS IS WHAT THE CLOWN PAYTON AND HER PUPPET DAVID LEVINE DID DURING THE NMCCA 201000272 COURT MARTIAL.

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THE LEGAL TERM "FRAUD" MEANS, THE COURT ADD, REMOVES OR HIDES ELEMENTS FROM THE EVIDENCE WITH INTENTION; IN NO CASE THIS IS COURT ERROR.

THE TERM "AS A MATTER OF LAW" HAPPENS WHEN THE COURT ACCEPTS EVIDENCE THAT IS CONSIDERED INADMISSIBLE AS INSTRUMENT FOR PROSECUTION AND PROCEED TO THE FEDERAL KIDNAPPING KNOWINGLY AND INTENTIONALLY.

THE VIDEO OF THE INTERROGATION IS 100% BOGUS BECAUSE, IF I HAD REMAINED SILENT WHEN NCIS READ MY 31b RIGHTS, THEY WOULD HAVE GIVEN ME THE MAX SENTENCE BASED ON THE BASELESS MULTIPLE CHARGES, WHICH IS IN PART CONSISTENT WITH THE 92% CONVICTION RATE THAT IS APPLIED, WHERE THE CASE IS FLOODED WITH CHARGES TO PURSUE AN INVOLUNTARY AND UNINTELLIGENT GUILTY PLEA.

ON JANUARY 6, COMMANDER CARMEN VAW 116 NEXT TO CMC BARNES, ORDERED ME FROM HIS DESK TO REPORT TO THE NCIS INTERROGATION SITE. I WAS ORDERED TO REPORT THEREFORE SINCE THIS IS AN INVOLUNTARY ACTION, IT AUTOMATICALLY RENDERS THE VIDEO OF THE BOGUS ADMISSION STILL INADMISSIBLE ACCORDING TO THE "FRUIT OF THE POISONESS TREE" DOCTRINE UNDER THE FOURTH AMENDMENT.

THE 10TH DISTRICT OF KANSAS RICHARD ARGUED THAT I WAS ORDER TO REPORT; NOT TO SPEAK. 

RIGHT AFTER THE NCIS INTERROGATION ON THE 4TH OF JANUARY, I WAS LET GO FREE AND WAS NEVER PLACED UNDER ARREST.  THIS MEANS, I WAS NOT A FLIGHT RISK.

IN JANUARY 20, 2009, I WAS ARRESTED, CONFINED AND SEXUALLY ASSAULTED BY PRISON STAFF 3 TIMES PER DAY FOR A TOTAL OF 2,925 DAYS THEREFORE, LEGAL STEPS ARE PENDING FOR IMPROPER ARREST, WRONGFUL IMPRISONMENT, SEXUAL ASSAULT AND HARASSMENT FROM JANUARY 20, 2009, TO DECEMBER 15 2009, FOR A TOTAL OF 8,760 HOURS OF ILLEGAL ARREST, WHERE I CITE Trezevant v City of Tampa, 746 F.2d 815 (11th Cir. 1984); AND WRONGFUL CONVICTION FROM 2010 TO 2018 FOR A TOTAL OF 70,080 HOURS OF ILLEGAL INCARCERATON WHERE I CITE  Brady V Maryland.

IN APRIL 2009, I HIRED DEFENSE ATTORNEY "JS" TO TAKE OVER MY CASE, HOWEVER, HIS LEGAL DEFENSE WAS HINDERED DUE TO THE 92% CONVICTION RATE, AND THAT ALONE INDICATES 100% COURT BIAS.

THEREFORE, HAD I NOT  BEEN ARRESTED:   

         a)  I WOULD HAVE REFILLED MY MEDICATION FOR MY DIAGNOSIS PURSUANT TO RCM 909a     b) I WOULD HAVE STOPPED CLOWN PAYTON  60(d)(3) FRAUD AND HER PUPPET DAVID LEVINE.    c)  AND I ALSO WOULD HAVE RESTRICTED THE ACCUSER (Arias) FROM GOING BACK WITH HER PERPETRATOR IN MIAMI.

IN OTHER WORDS, PAYTON AND HER PUPPET DAVID LEVINE CONTRIBUTED BY ALLOWING THE CHILD (Arias) TO REUNITE WITH HER PERPETRATOR IN MIAMI.

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PAYTON EXERCISED ARTICLE 32 IN APRIL OF 2009 WITHOUT THE SUBJECT MATTER JURISDICTION OF RCM 706, THEREFORE DIRECTLY VIOLATING THE SUBSTANTIAL LAW OF THE RCM 909a IN APRIL 2009 WHICH ESTABLISHES: “No person should be prosecuted in a court martial suffering from a mental illness”.

IN 2011, THE 10TH DISTRICT COURT OF KANSAS RICHARD D ROGERS ARGUED THAT THERE WAS NO LACK OF DUE PROCESS IN THE MONTH OF APRIL 2009 SINCE PAYTON EXERCISED THE RCM 706b MENTAL EXAM 6 MONTHS AFTER THE ARTICLE 32 HEARING IN THE MONTH OF OCTOBER 2009.

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According to Clown Richard, This would be like giving OJ Simpson an RCM 706b mental exam today, to determine whether if he was sane 20 years ago therefore, if he was competent today according to the RCM 706b, this would then mean that he was competent 20 years ago, and that is precisely what clown Beth Payton did with RCM 706b in the month of October of 2009.

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IN 2017, I WAS TRANSFERED TO ALTON WILKES SOCIETY IN SOUTH CAROLINA.

WHEN I ARRIVED, THIS PLACE WAS FULL OF CHILDREN VISITING THIS PLACE ON A DAILY BASIS.  I FOUND THIS TO BE AWKWARD SINCE SEX OFFENDERS ARE NOT ALLOWED TO BE HOUSED IN.  

NOT ONLY DID I START INVESTIGATING THEIR LEGAL PROCEDURE BUT ALSO SEVERAL OUTSTANDING OSHA VIOLATIONS THAT INCLUDED FIRE EXTINGUISHERS NOT BEING INSPECTED FOR OVER 3 YEARS. THIS TYPE OF OSHA VIOLATION IMMEDIATELY PUT CHILDREN AT RISK.

WHEN THE ADMINISTRATION FOUND OUT I WAS DOCUMENTING ALL THESE DISCREPANCIES THEY PLACED ME UNDER ARREST AGAIN.

BASED ON THE ABOVE, I HAD ALL THE BURDEN TO PROVE MY DEFENSE WITH ALL THE EVIDENCE THAT WAS COVERED UP AND NOT PUT ON RECORD, IN VIOLATION OF THE BRADY  LAW THEREFORE, THE SENTENCE AND CONVICTION IS ILLEGAL DUE TO 60(d)(3) FRAUD.

IN ADDITION, BETH, DAVID AND TANNIS SHOULD BE HELD ACCOUNTABLE UNDER 18 USC 1503 AND 1621 FOR CONSPIRING TO THE CHILD ABUSE.

This is the bitch that feels she is the victim.