Hendrickson Resentencing Rescheduled

[notorial dissent]

I agree with Gregg on this, the document sounds exactly like Prattlin’ Pete, a lot toned down from his usual bombast, but still it sounds like him, and not at all like something I saw of his brother’s I read a long while back when this first started. Or to put it another way, I can't believe a lawyer actually wrote that, and I've read some incredible drivel from some incredibly bad lawyers.

I have to concur with Webhick as well, I would say the two signatures on the affidavit were signed by righties.

So that leaves us with Pete either forging the notary’s signature and seal, which I really don’t believe, or the notary letting them sign it without either reading the document or checking id, which was real dumb on her part. All of which should leave both Pete and Doreen open to several further charges both state and federal, and shouldn’t really do the notary any great amount of good either, and rightly so.

I think it is dead obvious inescapable that Pete forged, and forged intentionally, the affidavit, and therefore the filing as well, so I don't think he gets a pass on this, and the fact that his brother turned him in on it pretty well clinches the by intention part.

The dummy just keeps digging the hole in deeper around himself.

I will also go as far to say that I see no reason why the gov't should give him a pass on this, and not nail him for every infraction that applies, and make sure he serves it consecutively, since he has more than amply shown that he has no intention of reforming.

[Kestrel]

Since when does any lawyer with a brain bigger than a walnut let someone file "pro se" under his official CM/ECF password? Doesn't the use of the password mean you - the lawyer - are responsible for what gets filed, whether you read it or not?

There are proper procedures for dealing with such idiot requests, like handing the "pro se" client a pre-addressed stamped envelope.

[notorial dissent]

Seems...Seems....you're either being awfully generous, or else stretching the art of understatement to the breaking point, I'm not sure which. Pete seems "to be a narcissist and borderline sociopath" about the same way the sun seems to be warm. I grant you the last two parts of your comment in full, I think you've hit the nail pretty well full on the head.

[grixit]

This has got to be a felony offense, if only because the government has to maintain at least a semblence of integrity in the court system. And impersonating a lawyer, even his own brother, is probably a serious offense as well. It's just possible that instead of treating this as aggravating circumstances, the judge might just tell the DA to open a new case. Further, if that happens, there's no way he's getting bail.

[wserra]

Doesn't the use of the password mean you - the lawyer - are responsible for what gets filed, whether you read it or not?

Yes. When you first sign up for ECF, at least in the federal courts, the agreement makes this completely clear.

I realize you may well have intended the question to be rhetorical, but yes.

[Gregg]

Just as a wild guess, I'm thinking that perhaps Jack wasn't all too familiar with the electronic filing system and Pete got the password to maybe just have access to see the case filings. Or as someone else said, maybe he just flat out stole the password that could have been something like his kids name or other guessable phrase. If that is indeed what happened, he may have been sideswiped when he read the filings and being a real lawyer knew he didn't want to be on record calling a Judge biased and/or another attorney incompetent, either of which could cause him a lot of trouble. So he quietly went to the Judge and said "It wasn't me".

Just speculation.


But the more I consider this, the more I almost want to start writing letters and demanding that they toss the book at Pete. Aside from his previous record of at best complying with his fingers crossed behind his back and only then as they drag him kicking and screaming, this is a blatant display of contempt of the entire legal process that went out of fashion somewhere around the time of King John acceding Magna Carta. He's saying "I'm above you, your laws, your courts and anything I do is okay because I can't be wrong, the ends justify the means". He's nothing more than a less well armed Ed Browne in my book.
He really needs to thank some diety that I build cars and am not a prosecutor in Southern Michigan, because if it were up to me I'd be looking at laws to keep him locked up with the same fervor Pete has spent mistreating the Tax Code.

[Imalawman]

Yeah, it sounds like Pete's brother didn't really understand how the ECF would work. Then he saw what was filed and had an "oh shit" moment. Because it was his brother he only wrote a letter, I suspect that the proper move would have been to file a motion to strike the false motion and affidavit. Still, it shows that Pete is a selfish bastard who showed reckless disregard for the livelihood of his brother. I don't think Jack is getting out of this unscathed - I think he's at least going to get his hand slapped on the record for letting someone use his password.

[Gregg]

Is there a boilerplate "DO NOT GIVE YOUR PASSWORD TO CONVICTED FELONS/CLIENTS/RELATIVES for any reason" page somewhere, like Ebay, Amazon.com and PayPal have when you sign in?

[Quixote]

Fortunately for those of us whose worldview depends on thinking the least of idjits like Hendrickson, that turns out not to be the case. Here is the affidavit Judge Rosen is talking about. It is hand-signed, by someone who purports to be Jack R. Hendrickson, Jr. It is witnessed, by the way, by someone who purports to be Doreen Hendrickson.

"... the slaying of a beautiful hypothesis by an ugly fact." Thomas H. Huxley

[The Observer]

And, I wonder if Pete could be subject to a Federal felony prosecution under 18 USC section 1001 or some such provision (?).

Never mind those legal niceties. I just want to know if he can be keelhauled in admiralty court.

[The Observer]

What is genuinely pathetic is that Pete is still trying to reopen the trial he was convicted on

Not unusual for the TP mindset. See this thread for another example.

[The Observer]

Is there a boilerplate "DO NOT GIVE YOUR PASSWORD TO CONVICTED FELONS/CLIENTS/NARCISSISTIC RELATIVES for any reason" page somewhere, like Ebay, Amazon.com and PayPal have when you sign in?

Fixed it for ya.

[LPC]

Here is the affidavit Judge Rosen is talking about. It is hand-signed, by someone who purports to be Jack R. Hendrickson, Jr.

The very fact that the affidavit shows an actual signature is itself suspicious. I checked other filings by Jack Hendrickson, and they all show a typed "/s/ Jack R. Hendrickson Jr." on the signature line, which is the usual way of showing a signature in an electronically filed document.

Which is consistent with Hendrickson (lawyer) not preparing or filing the motion (and affidavit) in question.

[Kestrel]

Just as a wild guess, I'm thinking that perhaps Jack wasn't all too familiar with the electronic filing system and Pete got the password to maybe just have access to see the case filings.

My experience with PACER and ECF is that you use one login and password for viewing and a different login and password (linked to the first) for filing. There was no reason for Jack to reveal his filing login if he just wanted to give bubba access to view the docket.

Besides, didn't Jack say that he intentionally was permitting Pete to file a "pro se" document using his (Jack's) ECF filing login? "Wasn't all too familiar with the ECF system" is right. Makes me wonder what other critical parts of practing law that he's not too familiar with.

[Famspear]

What is genuinely pathetic is that Pete is still trying to reopen the trial he was convicted on. He simply cannot even consider the fact he is wrong. He got convicted, has nearly served the sentence, and he's still screaming "But I'm right!"

That's one hell of an ego!

Speaking of Hell, I'm guessing that, based on Pete Hendrickson's betrayal of his own brother, Dante might have placed Prevaricating Pete Hendrickson at the Ninth Circle:

The traitors [i.e., those consigned to the Ninth Circle, the worst place in the Inferno] are distinguished from the "merely" fraudulent [ordinary fraudsters consigned to the Eighth Circle] in that their acts involve betraying a special relationship of some kind. There are four concentric zones (or "rounds") of traitors, corresponding, in order of seriousness, to betrayal of family ties, betrayal of community ties, betrayal of guests, and betrayal of liege lords.....

--from Wikipedia (italics added)....

http://en.wikipedia.org/wiki/Inferno_(Dante)

[Famspear]

Over two months have passed, and Hendrickson's Heroes are still clueless about the status of his case. A dimwit calling himself "Hang'Em High" writes:

If the appeals court is going to sustain Pete's conviction (i.e., not reverse it), then I would expect them to issue their decision sometime this week before tax day (for maximum PR effect). If they don't issue their decision by then, that COULD be a good sign (although not doing the Hendricksons any good with Pete remaining incarcerated).

http://www.losthorizons.com/phpBB/viewt ... cf57#28441

(Tues April 10, 2012).

[LPC]

It is witnessed, by the way, by someone who purports to be Doreen Hendrickson.

Doreen Wright, actually. Which as we know from the amended 2002 "tax return" was one of her aliases.

Wright was her maiden name.

There is, of course, nothing wrong about a woman continuing to use her maiden name after marriage instead of taking her husband's name. But it's odd to switch back and forth.

[notorial dissent]

Wright was her maiden name.

There is, of course, nothing wrong about a woman continuing to use her maiden name after marriage instead of taking her husband's name. But it's odd to switch back and forth.

Not when you're trying to not appear to be colluding with your husband at the commission of a fraud.

[Famspear]

In the joint bankruptcy case that Pete and Doreen filed back in 1996, Doreen used her maiden name.

[wserra]

I just want to know if he can be keelhauled in admiralty court.

I don't know. Can you get a petit jury in small claims court?