COMPLAINING OF JUDGE ANDERSON
Two Letters to Seana Willing, Commissioner
 

March 13, 2006

To: Seana Willing
      P.O. Box 12265
     Austin, TX 78711-2265


From: Alida Smith
           3242 Persimmon Rd #1091
           Dallas, TX 75241

Re:  Formal complaint about Judge Greene Dallas 282nd District Court-State
of Texas vs. Lakeith Amir-Sharif Case No. F-02-73127

Dear Commissioner

This letter represents my formal complaint and request to you to cause an
honest, unbiased and detailed investigation into the detrimental and
inappropriate conduct of Dallas Judge Karen Greene, while presiding over the
criminal mischief case of Mr. Sharif.

I have grave concerns about this Judge who knowingly and intentionally
violated Mr. Sharif’s constitutional rights as a defendant by denying him
the right to a fair and impartial hearing/trial, the right to representation
by competent and effective counsel and the right to be free from cruel or
unusual punishment. 

I also have reason to believe that this Judge’s conduct may be a violation of several Texas laws, such as, but not limited to, penal codes 39.02, 39.03, and Code of Criminal Procedure Articles 1.04, 1.05, 1.051, 1.08, 1.09, 1.12, 1.24, 2.03 (b), 5.08, 15.05, 42.122 section 5(b), section 21 (a), (b), Chapter. 46B.004; 46B.005;  46B.006;  46B.021;  46B.025; 46B.051;  46B.054;  46B.054;  46B.073;  46B.076;  46B.079 and
Chapter 83, 84.

1. How does this Judge Greene justify she and her court coordinator, Kissy
Champ, denying Mr. Sharif the right to represent him self  in 2003 (and
2005) without the judge ever first conducting a hearing on the matter.  This
Judge knew or should have known that at a minimum she should have followed
the precepts delineated in article 1.05, 1.051 c.c.p. and Faretta v. California, 422 us, 806, 95 s.ct. 2525 (1975).

2. By what authority did this judge rely on in believing her actions proper
in forcing an attorney (Julius Whittier) on Mr. Sharif despite Mr. Sharif
never signing for this court appointed counsel?

3. How has this judge gotten away with knowingly violating penal code 28.03
by going ahead with sentencing Mr. Sharif to 3years probation for the state
jail felony offense of criminal mischief when it was pointed out to her well
in advance and soon thereafter that the amount of pecuniary loss in the
matter was less that $1500.00, thus making the offense a class “A”
misdemeanor, not a state jail felony.

4. By what authority does this judge rely in justifying her wasting our tax
dollars by issuing a warrant causing Mr. Sharif’s arrest on February 10,
2005 for probation violation on:

A. A misdemeanor assault from November 2004 that was never processed beyond the informal complaint phase

B. A typographical error made by the probation department concerning the date Mr. Sharif was to report to his probation officer.

5. By what authority does this judge rely on in believing her actions proper
and use of our tax dollars justified in ordering not one, but two competency
examinations of Mr. Sharif.  Although she has never, to this date, seen nor
talked to Mr. Sharif.  Where is the accountability?

6. Before issuing each of her competency examination orders, why did this
judge circumvent the law and allow others to do likewise by failing to file
or cause to be filed a motion and affidavit setting out the facts on which
the (“baseless”) suggestion was made that Mr. Sharif may be incompetent? 
According to 46B.004 this was a prerequisite for raising the issue of Mr.
Sharif’s competency or lack thereof?

7. Despite Dr. Michael Pittman’s March 27, 2005 report to Judge Greene that
Mr. Sharif was competent to stand trial, why and what legal justification or
rational basis does this judge rely on in believing it proper of her to turn
right around and immediately order Dr. Lisa K. Clayton to reexamine Mr.
Sharif to determine whether he was incompetent.

Unsurprisingly in Dr. Clayton’s report to Judge Greene, which was conducted
just 11 days after Dr. Pittman's first exam, she (“falsely”) claimed Mr. Sharif had all of a sudden become incompetent to stand trial.  Dr. Clayton has since
recanted and apologized to Mr. Sharif (via his good friend Ms. Kay Lee,
founder and director of Making the Walls Transparent) for the doctor’s
mendacious competency report and all the hardships and hell it caused Mr.
Sharif and his family.  (See: Dr. Lisa K. Clayton’s apologies and especially
comments 12 thru 15 on the web at: 
www.angelfire.com/crazy4/texas/index.html).

8. What is Judge Greene’s political and/or personal motive behind
influencing the outcome of Mr. Sharif’s competency examination?  What did
this judge (and others) gain by causing Mr. Sharif to be declared
incompetent?

9. What did Judge Greene (and others) benefit by her deliberately refusing
to acknowledge all of the intelligently written pro. Se motions filed by Mr.
Sharif up to and after May 12, 2005, when the judge actually ordered him
committed to a state mental hospital so that his competency could be
“restored”.  (See: the file stamp dates on page (1) of all Mr. Sharif’s pro.
se motions).

10. By what ethical or legal authority does Judge Greene rely on to justify
her unlawful refusal to conduct a revocation hearing within 20 days after
Mr. Sharif had twice filed the appropriate Motion(s) For Revocation Hearing
pursuant to article 42.12 section 21(b) c.c.p.?

11. By what ethical or legal authority did this judge rely on in denying Mr.
Sharif’s right a fair hearing on his writ of Habeas Corpus which alleged he
was being held unlawfully be because Judge Greene had refused to conduct a
hearing on his Motion(s) For Revocation Hearing within 20 days or release
him from custody?

12. What ethical or legal authority does this judge rely on for continuing
to waste our tax dollars on a violation hearing about a typographical error
made by the probation office concerning the date Mr. Sharif’ was to report? 
What was this judge’s motives for not acting judiciously by lifting her
warrant, dismissing the violation proceeding and releasing Mr. Sharif from
jail?

13. What lawful objectives were sought or achieved and how did the public
(or other unknown parties benefit by Judge Greene causing Mr. Sharif to
remain in jail and eventually sending him to state hospital over a
typographical error.  Judge Greene’s actions has cost taxpayers
approximately $60,000-75,000.00.

14. What ethical or legal authority did this judge rely on in causing,
allowing, accepting, authorizing and/or approving Mr. Sharif was to was
report on October 12, 2005, 6-month state jail sentence for a typographical
error made by the probation office which clearly stated Mr. Sharif was to
report on October 12, 2005.

15. What legal authority does this judge have for knowingly allowing, or
approving the imposition of Mr. Sharif’s seemingly improper sentence for an
alleged probation violation Judge Greene knew never occurred because October
12, 2005 had not arrived yet at the time Mr. Sharif was sentenced.

16. What ethical or legal authority did Judge Greene and Public Defender
Thomas R. Grett have in attempting to help assistant district attorney Carla
Bean win her case, by trying to force Mr. Sharif to waive his right to a
hearing in an unrelated civil-family court matter (case no. cv-05-00157 v 292nd) in exchange for Judge Greene releasing Mr. Sharif from custody on the typographical error.

It is worthy of this commission to note that Mr. Sharif’s waiving his right
to a hearing in the civil court matter would of operated as an admission to
the statement, and allegation which was drafted by Ms. Carla Bean’s staff,
sworn to and signed by the affiant Cathy J. Hawkins, and known by Judge
Greene, (and the others involved) to be false and misleading.

17. What credible investigation or other fact finding process did Judge
Greene conduct into the factual circumstances concerning Mr. Sharif and Ms.
Hawkins personal relationship before the judge made inappropriate statements
about Mr. Sharif to Dr. Lisa Clayton and others, claiming that Ms. Hawkins
had ended her relationship with Mr. Sharif (which I personally know to be
untrue) and that he was simply delusional over Ms. Hawkins and as a result
the judge refused to acknowledge his claims of a relationship with Ms.
Hawkins.

You should note that after his February 10, 2005 arrest Mr. Sharif and Ms.
Hawkins would talk on the phone 3-4 times a day sometimes more, this
resulting in a $2,900.00 phone bill.

18. By what ethical or legal authority did Judge Greene act under when she
caused her staff to conceal and not send Dr. Pittman’s competency report to
Big Spring State hospital along with Dr. Clayton’s examination report and
the other documents required to be sent per article 46B.076?19.

By what ethical or legal authority did Judge Greene rely on in wasting
our tax dollars to send a man known to be competent to the state hospital
for 4-month at a cost of approximately $551.00 per day just for Mr. Sharif’s
room and board.

How many other victims/defendants has this judge (and her subordinates) left
in her wake?  How much of our tax money has she squandered away?  Judge
Karen Greene has no business on the bench. 

It is chilling to know that there are elected officials like Judge Greene, Judge Keith Anderson, and Judge Manny Alvarez, who are entrusted with upholding the law and protecting our community, yet the have no qualms about blatantly violating the law and citizens rights, by suppressing or stretching the truth and misrepresenting honest facts in order to achieve ulterior and often unethical motives.

It is imperative that you and this commission hold Judge Karen Greene and
other jurist accountable for their conduct which discredits the public’s
confidence in the office that they hold and our Dallas judiciary which they
represent.
                                                                            
            Sincerely,                                   
             Alida Smith                                                                            
             3242 Persimmon Rd                                                                            
             Dallas, TX 75241

AS/enclosures

Cc: Governor Rick Perry
       Lt. Governor David Dewhurst
       Attorney General Greg Abbott
      Jim Hamlin, Dallas District Clerk

_____________________________________________

March 15, 2006

To: Seana Willing
      P.O. Box 12265
      Austin, TX 78711-2265

From:  Alida Smith
           3242 Persimmon Rd
           Dallas, TX 75202

Re:  Improprieties and other dishonorable behavior by Dallas Criminal Court
Judge Keith A. Anderson (State of Texas vs. Lakeith Amir-Sharif case no.
ma-05-21971-K)

Dear Commissioner Willing,

This letter constitutes my formal complaint concerning the above-referenced
judge whose actions in the case of Lakeith Amir-Sharif runs a foul of what
publicly acceptable as judicious and ethical for a residing judge. 

It is very likely that Judge Anderson’s conduct has violated state laws, such as
Texas Penal Code 39.02 (A) (1) (2) and 39.03 (1) and (2), and Texas Code of
Criminal Procedure article 1.09; 46B.004; 46B.006; 46B.021 and 46B.026.

I am requesting that you cause a thorough and detailed investigation to be
conducted into the following matters:

1. How on December 7, 2005, could Judge Anderson order a competency
examination despite the fact he had not (and still has not ever personally
seen or talked to Mr. Sharif?

2. Why no one from the judges staff had ever personally seen or talked to
Mr. Sharif prior to the judge’s December 7, 2005 order;

3. Why did Judge Anderson ignore to act on a letter mailed to him by Mr.
Sharif which clearly informed the judge Mr. Sharif was competent.  This
letter was mailed following Dr. Michael Pittman coming to see Mr. Sharif on
December 15, 2005; per the judge’s order.

4. Why wasn’t the legal procedures 46B.004, for raising the issue of in
competency followed by this judge;

5. Why wasn’t article 46B.006 followed by this judge and counsel appointed
“before” any court-ordered competency evaluation and during any proceeding
at which I was suggested that Mr. Sharif may be incompetent to stand trial;

6. Why if this competency exam was justified, did the judge appoint Dr.
Pittman and not a disinterested expert “as required by article 46B.021.

7. Why has Judge Anderson ignored conflicts of interest and refused to
replace Dr. Michael Pittman despite a January 12, 2006 Pro. Se motion filed
by Mr. Sharif, to disqualify the doctor’s appointment as a disinterested
expert;

8. Why has this judge knowingly ignored and refused to acknowledge the
indisputable competency of Mr. Sharif who has filed at least 8-Pro. Se
motions since the judge’ competency examination order.  Ironically one of
Mr. Sharif’s motions is for the “Right to Self Representation;

9. Why despite all the aforementioned facts why has this judge continued to
squander his and other courts resources and my tax dollars with this
competency charade? 

On January 6, 2006, and again on February 16, 2006 Judge Anderson violated the law and purposely subjected Mr. Sharif to what amounts to oppressive, demeaning and baseless “examinations” under the pretense of this judge trying to determine whether Mr. Sharif is incompetent to stand trial on one (1) misdemeanor offense for which he has already served the maximum sentence allowed were he to ever go to trial, as he requested, and be found guilty.

10. By what authority did this judge rely on in believing his actions to be
awful and appropriate in causing Mr. Sharif to be subjected to multiple
competency examinations after the initial examination conducted on December
15, 2005?

11. How has Judge Anderson and this Dr. Pittman been allowed to blatantly violate the 30-day competency report deadline law at 46B.026?  The report concerning Mr. Sharif’s competency should be quite simple and warrants no extension of the 30-day deadline. That is, unless, this judge and the doctor (possibly others) have some ulterior personal or political motives being pursued that have absolutely nothing to do with whether or not Mr. Sharif is incompetent.

It would not be surprising to me what your investigation reveals given the
scandalous history of the Dallas County Judicial system; and especially of
late whenever it’s involved Mr. Sharif whose webpage
(www.angelfire.com/crazy4/texas/index.html) has created quite a stir in
Dallas, Texas.

Please acknowledge receipt of my letter in writing advising me of your
intentions.


Sincerely,
Alida Smith
3242 Persimmon Rd
Dallas, TX 75241

AS/

Cc: Allen Clemson-Dallas County Commissioner Court
      Vivian Lawrence-Mental Health Association of Greater Dallas
      Groomer Jeffers Jr. Dallas Morning News
      Mass Inc., Jim Holloway

________________________________________________________________________

2ND TIME AROUND