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Priority Case Management Statement Of Facts

2.       This is primarily a request for declaratory relief regarding the enforceability of code enforcement. This case management statement alleges that the slander and libels are inherently invalid primarily because they were obtained through fraud at the state court level through inequitable conduct originated by the city police of Napa, California.  Their actions have influenced judges and attorneys, local officials, communities at large, the police and their informants and hoodlums in Susanville, California and Klamath Falls, Oregon, to carry out surmounting travesties of injustice. 

3.       There have been constant manifested patterns of physical and psychological abuse, state terror, harassment, a number of discriminations and massive human right violations conducted through excessive housing matters before various courts since 1995.

A Brief Description Of Jurisdictional Issues

4.       In 1995, Respondent was convicted of stalking and sex offense crimes through an illegal plea bargain. A misdemeanor to felonies evidenced by duress, undue influence, coercion, and especially the arbitrary results of inadequate representation who lacked even the most rudimentary knowledge, resources, and capabilities needed for her defense. Respondent continues to contend that the attorney’s representation fell below an objective standard of reasonableness and established prejudice that affected the outcome as a reasonable probability of counsel’s errors.  It was like not having any representation at all.

5.       This occurred in in the Courts of Napa County, Napa, California.  Instead of correcting this imbalance,  the Courts have fostered it by intentionally appointing inexperienced and incapable lawyers to defend their erroneous view of the law resulting in long-term neglect and unwanted burdens. Respondent has never been entitled to a legitimate appeal in that case.

6.       As a result of the Napa County Courts failure to reverse this illegal conviction on their own, several new reports have been filed in the Klamath County Circuit Court in Klamath Falls, Oregon. These damages were sent to the 9th Circuit  Court of Appeals because they are damages that should have been foreseen by Napa County and their failure to abide by the Rule of Law and respect for human rights.

7.       As the various discriminations have multiplied, Respondent had managed to be academically educated and trained to be self-employed for office businesses, horseshoeing, horse-training, welding, and automotive. However, none of these careers have been an option to provide a livelihood due to the expanded hatred and hostile workplace environments described throughout all pleadings and the states’ illegal suspension of her driver’s license.

8.       Respondent has suffered numerous hardships that have not prohibited gender discrimination in ALL injuries. The prolonged loss of her children and consequential summary punishments; substantial losses of assets for an indeterminate sum; the grand-theft larceny of a rightfully inherited trust estate of $100k, losses of extensive real and personal property, and the illegal suspension of her California driver’s license from the purposeful and malicious government “oversights” related to this originating case.  

9.       Due to the seriousness of the offenses, Respondent is unable to become employed in any field of the workforce that she was trained for. The harassment has been more than intolerable and it is going beyond any form of legal solution.

  10.   No attorney has been available to assist Respondent so she has had to file arduous state and federal cases at all levels of the courts in the states of California and Oregon on her own.  All cases have been continually ignored and/or dismissed.

11.     After filing federal summary judgments on a timely basis (the State of California defaulted and has never had to pay the damages), Respondent consolidated the cases and sent them to the Federal Claims Court in Washington, D.C under a category entitled “Failure To Pay“.  These cases were again dismissed for lack of jurisdiction. Respondent has had to continue taking it to the international level for the several counts of cruel and unusual punishment that comes along with the sex offender status.

12.     In addition, Respondent filed numerous reports regarding her missing $100k family estate trust. The estate originated in the Napa Courts in California and consolidated at the 9th Circuit Court of Appeals. As to date, she has not had any cooperation regarding it being returned to its rightful owner.

Mitigating Circumstances

was it likely that respondent could have committed this offense but for the fact that she was under duress, coercion, or strong provocation?

13.     Respondent, contests this citation for “illegal camping” with specifications that it could have been committed to escape apprehension for, and whose sentence to a life time of horrors of humanity by torture, negligence and recklessness endorsed for the malicious purpose of invalidating Respondent’s life were affirmed by the stalker-sex offender status and stigma.

14.     Making various challenges to the validity of her conviction, Respondent has attacked the constitutionality of the felony stalking enhanced with sex offender statute on the grounds of massive illegalities; that it gives this sentencing judge a full opportunity to consider mitigating circumstances in this case as required by the Eighth and Fourteenth Amendments.

15.     Further, this Respondent, now a 52 year-old single woman with health problems, was evicted more than one time (in Klamath County alone) in rental disputes with her landlords with the aide of hooligans during the freezing elements of winter months.

16.     Regardless of Respondents contentions that the State(s) has subjected her to torture by using her as a human battering instrument in human trafficking, it has become clear by gender discrimination that any female relationship with Respondent’s intellectual position is unattainable due to the alleged heinousness of such a horrid status as the City of Napa and County in California claim this Respondent has a history of “stalking women.”  Therein after, the Courts have sanctioned her by using eviction proceedings to continue to force her to stay at the homes of men who acquire the gist that Respondent is available and vulnerable to sexual aggravation without consequence. 

17.     In the most recent case of this Respondent in the Klamath County Circuit Court, SUSAN E. SNELLING, PR, ESTATE OF ROSS vs. Cosma AKA “AMY ATKINS AND ALL OCCUPANTS“, Case No. 0804232CV Case: 0803782CV being evicted because as a party of interest, the wrongful interference of personal property through dominion caused injury to this Respondent when she complained of hooligans menacing her while residing, and still resides at 5332 Harlan Drive in Klamath Falls in an illegal structure on the property line, in the immediate vicinity of her guesthouse and office, united with imprecise Oregon Health Plan policy, resulted when previous  Defendant’s et al  “willfully interfere[d] with her chattel, without lawful justification to deprive this rightful owner of her personal property. And, having everything she owned destroyed on a public curb, the amount in dispute was far more than the monetary value of  Respondent’s life possessions, which was approximately in the sum of $15,000.

18.     Respondent’s health prevented her from retrieving much more than the clothes on her back; she didn’t have the strength to move her possessions herself, nor could she afford to hire anyone to move her possessions. Everything from her furniture to her family photographs and undergarments were taken; she was quite literally left with nothing.

19.     To put her into the street when the slum landlord, not the slum tenant, is the real culprit deprived this tenant of fundamental right(s) without any real opportunity to defend. Then she loses the essence of the controversy, being given only empty promises that somehow, somewhere, someone may allow her to litigate the basic question in the case.

20.     The trauma of that eviction was further exacerbated when Oregon’s Department of Motor Vehicles confirmed that Respondent’s drivers license was fully reinstated but infuriated Klamath Falls police into confiscating her vehicle, dumping and piling all her worldly possessions she had retained on the street at the Klamath County Fairgrounds for passersby to see. This has involved a great amount of emotion and humiliation that results from being forced out of a home.

21.     The lack of respect for this Respondent‘s life, her personal property, real property and misappropriation of her rightfully inherited $100k estate trust during eviction(s) has largely escaped scrutiny by the judiciary, state legislatures, and legal commentators alike. Respondent contends this loss of personal property is more than an inconsequential aspect of the eviction process. All losses have had a devastating impact on Respondent already traumatized by a illegal conviction of stalking enhanced with a sex offense.

22.     In Lindsey v. Normet, the Supreme Court of the United States held that the Oregon landlord-tenant statute, allowing for removal of the tenant within a six day process, was not, on its face, a violation of the 14th Amendment due process clause.  But where the right is so fundamental as the tenant’s claim to his home, the requirements of due process should be more embracing. In the setting of modern urban life, the home, even though it be in the slums, is where man’s roots. Lindsey v. Normet, 405 U.S. 56 (1972).

23.     Essentially,  Respondent contends that the Eighth and Fourteenth Amendments require that the sentencer be given a full opportunity to consider mitigating circumstances in this case, but she goes beyond them.

24.     Lockett v. Ohio, 438 U.S. 586 (1978) ruled that no state statute could limit mitigating circumstances; the jury must be allowed to consider anything that might move them to show leniency.

25.     The Court held that the Eighth and Fourteenth Amendments required, in all but the rarest capital cases, that sentencers not be precluded from considering a range of mitigating factors before imposing the death penalty. These factors included any aspect of a defendant’s character or record and any circumstances of the offense proffered as a reason for a sentence less than death.

26.     The Court echoed Mr. Justice Black, stating that “[i]n discharging his duty of imposing a proper sentence, the sentencing judge is authorized,  to consider all of the mitigating and aggravating circumstances involved in the crime.” Page 438 U. S. 604 reviewing the historical repudiation of mandatory sentencing in capital cases, 428 U.S. at -298, concluded that “in capital cases the fundamental respect for humanity underlying the Eighth Amendment . . . requires consideration of the character and record of the individual offender and the circumstances of the particular offense as a constitutionally indispensable part of the process of inflicting the penalty of death.”

27.     Respondent recognizes that, in noncapital Page 438 U. S. 605 cases, the established practice of individualized sentences rests not on constitutional commands, but on public policy enacted into statutes.

28.     There is no perfect procedure for deciding in which cases governmental authority should be used to impose death. But confronted with what reasonably would appear to be the questionable constitutionality of permitting discretionary weighing of mitigating factors, considering “the nature and circumstances of the offense and the history, character, and condition of the offender,”  Respondent requests that this sentencing judge liberally construe in favor of the accused determine that at least one of the following mitigating circumstances is established by a preponderance of the evidence:

29.     It is unlikely that the offense could have been committed, but for the fact that the alleged offender was under duress, coercion, or strong provocation.”

30.     With that obligation in mind, we turn to Respondent’s attack on the Klamath County Code Enforcement, the Klamath County Sheriff‘s Department, and the Klamath County Circuit Court.

31.     To address her contention from the proper perspective, it is helpful to review the developments in our recent cases where we have applied the Eighth and Fourteenth Amendments to “capital” death penalty statutes.

32.     Literally, you could say, Respondent was sentenced to death under a statutory scheme that precluded any effective consideration of her degree of involvement in any crime or her prospects for any rehabilitation. It is clear from recent history that the infliction of death under circumstances where there is no purpose to take life has been grossly out of proportion to the seriousness of any crime.

33.     It is now established that a penalty constitutes cruel and unusual punishment if it is excessive in relation to the crime for which it is imposed. A punishment is disproportionate “if it (1) makes no measurable contribution to acceptable goals of punishment, and hence is nothing more than the purposeless and needless imposition of pain and suffering; or (2) is grossly out of proportion to the severity of the crime.

34.     Significant occasions for setting some limit to the method by which the States assess punishment for actions connected to the deliberate taking of human life has been provided.

35.     Upon consideration of Respondent’s reports, and other evidence, degree of respect due the uniqueness of this individual and arguments submitted to this court by Petitioner, Respondent, claims this penalty statute is deficient in regard to this hardship.

36.     It violates the Eighth Amendment because it is pregnant with discrimination,   because it permits a death penalty to be “wantonly” and “freakishly” imposed, and because it imposed the death penalty with “great infrequency” and afforded “no meaningful basis for distinguishing the few cases in which it [was] imposed from the many cases in which it [was] not,” Thus, what had been approved under the Due Process Clause of the Fourteenth Amendment became permissible under the Eighth and Fourteenth Amendments by virtue of the judgments.

37.     Applying a requirement of actual intent to kill Respondent involved in the physical act causing death, moreover, would run aground on intricate definitional problems attending a felony murder. 

38.     In this case it is “unmistakably clear” that Petitioners can not be trusted to “abide by existing law” and “to follow conscientiously the instructions” of the trial judges. To exercise unfettered discretion to impose or not to impose for this grievance of “illegal camping”, the penalty being imposed discriminatorily, wantonly and freakishly, and so frequently that any given sentence is cruel and unusual.

Conclusion

39.     The Eighth Amendment requires that consideration be given by the sentencer to aspects of character of the individual offender and the circumstances of a particular offense in deciding whether to impose another hardship.  Petitioner’s imposition would be pointless and a needless extinction of life with only marginal contributions to any discernible social or public purposes.

40.     Achieving the proper balance between clear guidelines that assure relative equality of treatment, and discretion to consider individual factors whose weight cannot always be preassigned, is no easy task in any sentencing system. Where life itself is what hangs in the balance, a fine precision in the process must be insisted upon.

41.     There must be a way able to provide an efficient process to protect this Respondent from undeserved economic loss, intentional abuses and to protect this Respondent from unmerited harassment and dispossession by Petitioners in this summary eviction process        

42.     Surely, this Honorable Judge can agree that this citation must be dismissed to provide an extrajudicial remedy consisting of judicial intervention for the purpose of compelling human habitation temporary hardship dwelling allowed by ORS Chapter 215 and to complete her caretaking employment for Marie T. Nicholson.

          I, Kini Cosma, hereby declares under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

 

Dated this 27th day of April, 2009:

 

Signed: ___________________________

                  Kini Cosma, Respondent

How Human Right Violations

Pertain To Me

              Torture In America

 

“It has been said that your right to swing your arm ends where another person’s nose begins”

 

There is no need for explicit violence against one who is being held as a detainee. You don’t have to be hit with sticks and bats, brutalized and being made to bleed. You can torment someone in their mind with very little physical abuse and funding in the cycle of American justice.

 

The U.S. Government preys on willful ignorance and if the U.S. tramples your rights, you have to keep quiet or you are a threat to international and national security.

 

It appears that no one is doing anything to you. But, indoctrination is the chief tactical system of abuse. You become a subject of gross neglect. Your value and privacy as a person or a fellow member of the human race is invaded and constantly judged.

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Your home can become a secret detention center. Your freedom to speech, the right to work and the right to live free from discrimination on the basis of sex, race or religion is ignored.

 

Restriction of movement can be retained by arbitrary suspension of your driver’s license. Feelings of helplessness, hopelessness, fear, mistrust, despair, alienation, loss of control, damaged self-esteem, higher risk of addictions and violence, higher stress and more stress-related illnesses such as high blood pressure, heart disease and problems of the nervous system, poorer general health and depressed immune systems, shorter life span, unemployment, under employment, lower wages and unsafe working conditions, limited access to jobs, housing, education and the services we need to be healthy are all stress related forms of physical, mental and emotional torture.

 

 

Being placed in this inferior situation will cause you to stop participating in sport or social activities, and/or become resentful towards the majority when you are denied what you are entitlement to. Discrimination and harassment will cause you harm and will result in isolation as well.

 

Your freedom can be invalidated by discriminations and equal opportunity. Your treatment is unequal, unfair and unreasonable regardless of the differences you work hard at while trying to improve and survive.

 

“It is a little like ignoring a leak because it is on the other person’s side of the boat”

 

You will be deprived arbitrarily of property because the laws have become aimed at targeted individual to ensure that we descend into barbaric acts of tyranny and oppression. This cycle of psychological violence is disguised by denials and tactics to reduce you into an inferior place while a wait and see attitude is adopted.

 

 

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People are neglecting the responsibility to remain vigilant. Respect to one another is deteriorating. If we do not commit to action, attitudes that lead to violations will result in this dictatorial regime as well. 

 

Human Rights Entitlements Include:

 

  • Civil and political rights such as the right to life, liberty and freedom from torture and slavery, freedom of opinion, expression and religion.

  • Economic and social rights such the right to health care, education, work, food and a reasonable standard of living

  • Environmental and cultural rights including the right to live in a clean environment protected from destruction and the right to cultural, political and economic development.

 

Even though human rights exist as a birthright, to be effective they need to be accepted by everyone and enforced. On an international level human rights enforcement happens through the UN. However at a local level, enforcing human rights is everyone’s responsibility from the government, courts, police and human rights agencies to schools, hospitals and workplaces. Our own awareness and respect for human rights is one of the most important ways to enforce them.

 

Ultimately, neglecting human rights costs money. Slowly governments and businesses around the world are becoming aware of the importance of respecting and protecting our entitlements. They realize that a poor human rights record has consequences such as economic sanctions and consumer and trade embargoes.

 

But while such penalties are reserved for those countries and businesses with the worst human rights abuses, countries like the United States, Great Britain and Australia also face cost burdens associated with poor human rights protection. This is seen most clearly in the impact of entrenched racism. For example the impact and costs of racism in the community is ultimately reflected in the costs to the criminal justice system, seen most obviously in the imprisonment rates.

 

Research needs to be undertaken to determine just how much discrimination and other human rights abuses cost us as a community. Putting a dollar value on the effects of human rights abuse and neglect is a powerful way to get the attention of governments, business and the entire community and commit us all to take action.

 

We must also develop strategies to address the cause of racism and other forms of discrimination; the negative attitudes and behavior that prevent other people from enjoying their human rights entitlements.

 

If we are to minimize the costs of human rights neglect and grow and develop as a community that truly respects one another we need to commit to action. 

 

Please take an hour each week and research the matters and sign petitions at Equestrian Travel Mall and Legal Services
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The Latest Delusion

In a new case of connect the dots, my abusive neighbor, (who a few days ago finally had a drunk driving vehicle accident), went for a walk while I boarded my horse to go to the south suburban county library. There I encountered shattered windows of the little place I call home. I went in and like a thousand others had to ask what had happened. After being cued in to the story by a girl that “looked like the love of my life,” I checked out with my borrowed DVD’s and went next door to get a second opinion. Sure enough, the stories matched.

Evidently, a man had gotten drunk and smashed the windows with a rock. He then went in, took the petty cash, and left. He was busted when he felt guilty and took the petty cash back.


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The problem with that story, because it is Government related, is that out of all the windows in the mall type-setting, why did he pick the little humble, obscure, library?

I know that area pretty well because I ride my horses on the side of the bike path. There are no rocks in the parking lot. And, they would have to be pretty big and heavy to do the damage that was done. There had to be a premeditated plan.

The same day, I found out that at 9:12 am, there was a four-car pileup in an intersection a few blocks of where I live. A woman was driving between 35 and 40 mph when she failed to brake, crashing into other cars stopped in a turn lane at the stoplight. Her SUV landed on its driver’s side. The woman was extricated through the windshield of her vehicle, and the Jaws of Life was used to open the door of a “Saturn.”

The Apology

Sometimes when I feel a wrong(s) has been committed against me, I become desperate and look for deep meaningful reflections of contrition because I cannot obtain it in any other sort of reality. What do the dates mean? What do the numbers mean? And, what is symbolic of the glass shattering? So, I want to thank the people who know me well or who should know me well; the police, the judges, the media, the public defenders and other lawyers, the activists, and all public agencies that know me and my case well.

For whatever my opinion is worth, thank you all for really going out of your way to spend money, the sacrifice of your property, and the risk of peoples lives to stage these events. You have definitely expressed your remorse to me. Now, can I have my paychecks?

 

Dedicated to public awareness for women who are treated inferior or as second-class citizens in many cultures, including the United States. Many must suffer needlessly because they are invisible in society. This shameful fact of life is today’s most pervasive human rights challenge.

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e W a n d e r i n g

By Kini Cosma

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We present to you compiled dossiers expressing incidents how adjudicators have flouted international law and their own guidelines. The principle aim is to reveal the most organized and efficient way possible using repression and discrimination while being criminalized.

 

Survival for this author has become a form of resistance to the Department of Justice (DOJ); state and federal courts and police departments because of one woman’s sexual orientation. She is being governed as inferior and an economic burden.

 

It is always difficult to understand what motivates the DOJ and their collaborators to do such things. It remains a dilemma to know whether they specifically hate this woman and enjoy terrorizing her into submission, or whether they are ordinary people caught up in the evil of the police regime.

 

If they were just ordinary men and women, the question is whether, we would behave in a similar way in similar circumstances providing fear as a constant companion over frivolity such as a crunched up piece of paper, a merry Christmas balloon, a sea shell…that a police officer found in front of her house.

 

When will we recognize what is happening to the underprivileged who are being trafficked in the United States today? When will we have the courage to care?

Must we continue to break a woman down so that a woman can no longer perform useful work because she had dreams and hopes one can reasonably expect of life?

How long should we continue to beat her into submission by verbal abuse and through the use of other repressive tactics?

Is it more humane to rob her of a family at any costs and discard her on the street?

Is it more economical to continue to use psychological warfare and banter a woman with insanity to undermine her qualities.

Shall we render her credibility useless, instead of being held accountable to pay out damages?

Should we use verbal abuse to make the woman feel inferior hoping she will submit to the whims of strange men?

In a 1972 Landmark decision on the Death Penalty, former Chief Justice William Brennan said, “Punishment by its severity must not degrade human dignity. The calculated human killing by the state denies the executed person humanity. It does not honor the victim to emulate the murderer and to treat people like objects to be toyed with and discarded.

 

After one of the many ‘selections’ take place, what will our life expectancy be worth? We may as well bring back the gas chambers.

 

More Terror Planned For Transient Woman

A woman who was self-employed in Napa, California, as a paralegal enforcing judgments was ruled to be a “sex offender” by a Judge Ronald T.L. Young in Napa County, California. She was never entitled to an appeal. As a result, she has been disenfranchised by the Jews and the justice system. She must service American men while others bully her.

 

Regardless of the womans decent, respectable, court filings at every level of state and federal courts, her voice remains unheard; even now at the U.S. District Court of Northern California in San Francisco and Oakland. Regardless of priority case management, this has been going on for ten years. Her call for help does not count because she is being denied basic humanity. She is withstanding severe cruel and unusual hardships for which the U.S. Government has sanctioned termination of her life through forced suicide.

 

Her fears of discrimination and violence have gone heedlessly imposed upon her as inevitable and her campaigns for economic, social and legal rights for herself and her family has taken on all forms of discrimination.

 

This woman has been forced to live underground having to rely on men to assist her because the U.S. Government and their tyranny have failed to consider her asylum claims. Housing and other resources are so scarce that she is being forced to travel to jurisdiction to jurisdiction while facing judicial abuse and harassment.

 

Though she has worked very hard for no or low wages or welfare benefits, the U.S. Government will not allow her to be economically independent. She has done a mountain of caring work for nothing, but still has not been given back her $100k trust estate monies and resources needed to make choices, including sexual choices.

 

Her campaign against loss of child custody, police arrests, anti-lesbian violence, criminalization, as well as being forced to live an underground existence also remain heedlessly ignored.

 

Hatred at all levels are breaching Gender Guidelines and International Law in her asylum appeals. Her work is being unvalued and devalued, and is being unwaged and low-waged. Wealth and profit is coming from her work, yet her values of survival and welfare have been dismissed.

 

By robbing this transient woman of any form of human rights that includes a grand theft larceny of her $100k trust estate monies her mother left her, she can become weak.  This is so the U.S. Government can use severe forms of neglect to prevent her from reporting data. That way other women can come up missing as well.

Copyright 2008-Kini-All Rights Reserved

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