Cherron Marie Phillips indicted

[morrand]

They're evidently not alone. This week, a man named Jose Banks was put on trial in Chicago for robbing more than 20 banks. According to the Sun-Times,

Bemused jurors watched as the Evanston resident began his defense by arguing that he is a “Moorish national” who is not bound by federal law, repeatedly interrupting the trial to tell the judge, “I object to everything.”

http://www.suntimes.com/news/metro/1685 ... chair.html

Which is all well and good, but according to the previous day's paper,

But Banks refused [to reappoint his lawyers after dismissing them], lounging in his orange Bureau of Prisons jumpsuit as he told the judge, "Nah — I'm OK." He then asserted himself in a series of petty acts of disobedience, such as dropping court papers for deputy U.S. Marshals to pick up, and repeated requests to leave the courtroom during his hearing.

This makes it sound like less an assertion of individual sovereignty and more a new version of the Abbie Hoffman school of legal defense. Whatever it is, the problem seems to be slouching toward an epidemic:

The alleged bank robber claims to be a “sovereign” exempt from prosecution — a meaningless designation cited by a small but growing group of defendants in federal court, including a man who was Tasered by deputies in another case on Wednesday and third defendant who is refusing to sit in the courtroom during another trial this week.

All of which suggests that Judge Shadur, if he has not already, may want to bring up the topic at the judges' table in the lunchroom.

[wserra]

Yep, Banks is another good example of someone who is bound and determined to screw himself. Frankly, let him.

This has to be one of the oldest indictments (original 2008) for a non-cooperator in the entire federal system. Banks is charged in five bank robberies, and suspected in far more. As the article morrand linked to details, the evidence seems pretty convincing: surveillance photos, numerous eyewitnesses, DNA, sequentially-number new bills recovered from him.

Nonetheless, his court-appointed lawyers had done a great job, culminating with obtaining an order from Judge Pallmeyer granting them the ability to present expert testimony as to Banks' identification - something that (trust me) is not easy to get.

For the four years the case was pending, Banks was represented. The day before the trial started, Banks decided he wanted to go pro se. The usual nonsense filings began ("Commercial Affidavit", "Affidavit of Fact", other stuff equally meaningless). He began refusing to come to court and acting out while there. Normally the court reacts to such antics by placing a defendant in a nearby cell with closed circuit access, but Banks represents himself, and must be in court. So the judge entered a force order, and he is tied to a chair in front of the jury. Trial continues on Monday.

It's hard to see how a jury would believe anything other than that this is a dangerous wacko who should be out of circulation for as long as possible. And they're probably right.

[grixit]

It is at least a small victory for the system as a whole that they are trying to give him a fair trial in spite of himself.

[Dezcad]

For the four years the case was pending, Banks was represented. The day before the trial started, Banks decided he wanted to go pro se. The usual nonsense filings began ("Commercial Affidavit", "Affidavit of Fact", other stuff equally meaningless). He began refusing to come to court and acting out while there.

Perhaps he got some "advice" from one of his prison "friends" about his legal strategy. Is Danny Riley locked up in the same place as Banks?

[morrand]

I feel like I've taken this thread somewhat off topic by bringing up Mr. Banks, and this next comment isn't going to help, so I apologize.

Having been convicted of bank robbery last week—sovrun-ish antics notwithstanding—Jose Banks decided to take a somewhat more traditional approach to getting out of prison:

Officials at a federal Loop jail discovered that two convicted bank robbers had escaped after employees arriving for work at about 7 a.m. today and saw a makeshift rope hanging from the outside of the high-rise facility, federal officials said in charging the two with escape.

Joseph "Jose" Banks and Kenneth Conley made good their escape from the Metropolitan Correctional Center after last being seen for a head count conducted at about 10 p.m. Monday, authorities said.

The two are believed to have scurried down ropes made from bedsheets from the high-rise cell they shared.

Story here

[wserra]

On December 17, the status conference was simply adjourned until January 4. No word on competency (or anything else).

[Pottapaug1938]

Banks has been recaptured.

[ashlynne39]

Banks has been recaptured.

When will these morons learn that when you break out of jail you don't go see momma or cousin joe or bff bobby or the girlfiend who promised to wait but probably moved on the second they said guilty. Get the heck out of town as quickly as possible or at least hide someplace no one knows you.

I really feel like I could do it better but I don't want to have to do the crime to do the hiding after escape routine.

[grixit]

For some reason, i find myself visualizing this as a Buster Keaton short.

[morrand]

Meanwhile at the Dirksen Building:

01/22/2013 23 MINUTE entry before the Honorable Milton I. Shadur: as to defendant, Cherron Marie Phillips; Status hearing held on 1/22/2013 and continued to 2/22/2013 at 9:30 a.m. Defendant's failure to obtain her own counsel despite being provided with more than an ample opportunity to do so, coupled with her refusal to apply for appointed counsel under the Criminal Justice Act, constitute the equivalent of her exercise of her constitutional right to represent herself, and this Court so orders. Defendant is ordered to file pretrial motions by 2/19/2013. Nathan Stump, counsel for the government, is granted leave to participate in next status hearing by telephone. Mailed notice by judge's staff. (srb,) (Entered: 01/23/2013)

So, what just happened? Did Phillips seriously just gibberish herself into pro se status? Does that even work?

Anyway, that docket entry is followed by an oral motion to modify bond (which was granted, to put her on home curfew rather than confinement), and then on Feb. 21, she sent two letters to the court. This is the first:

United States District Court Northern District
James F. Holderman Chief Judge
219 S. Dearborn
Chicago Illinois 60604
[handwritten "12 CR 872"]

FORGIVE ME

Dear Sir:

I am writing this request to forgive me because I have come to learn of my tremendous mistake. I fully understand that listening to patriot people in the public on how to obtain remedy was a huge mistake. Forgive me for my failure to do the proper study on learning how to come to my brother and properly resolve matters instead of filing liens on persons.

I understand this was a serious mistake. I had no intentions on causing harm and thought I was following the law. I simply thought at that time I was doing the right thing. I make no excuse for taking bad advise.

It was a tremendous mistake and ill advised and completely out of line. Please be advised I would never do such a thing again. I understand that public servants must have a difficult job in dealing with people who don't understand law and don't understand how to come to harmony. I now re-iterate, I fully understand my mistake and how I must have offended and or inconvenienced you. I have but two words "FORGIVE ME".

Sincerely,

[signed]
Cherron Marie Phillips

(The second is identical, but addressed to "Thomas Shakeshaft AUSA.")

Status was scheduled for this past Friday; trial's currently set for July 1.

[notorial dissent]

Sounds like someone had a serious wake up and smell the coffee moment.

I suspect far too late, but you never know. Definitely a change in tone if nothing else.

[grixit]

Judge: Ok, i forgive you. But the case stands.

[morrand]

Backup has apparently just arrived in the Phillips case, much to Judge Shadur's annoyance:

This Court has just received via registered mail from someone named Anthony E. George (“George”) a certified copy of the indictment in this criminal case, designated in George’s accompanying affidavit of service as having been “endorsed for setoff, settlement and closure.” As for the certified copy of the indictment itself, each page of the copy of the certification binder and each page of the two-page indictment that it contains bears what appears to be the signature of defendant Cherron Marie Phillips (“Phillips”) as well as this legend:

Accept for value
Return for setoff settlement and closure

This unasked-for delivery appears to have no purpose other than to continue the clotted nonsense [FN1] with which Phillips has been burdening this prosecution. Accordingly the only action that this Court will take for the present will be to file this memorandum and those documents (and the envelope in which they arrived) as a purely informational matter, according the documents no substantive significance.

Date: March 28, 2013
/ss/
Milton I. Shadur
Senior United States District Judge

FN1 With apologies to the New Yorker magazine, which has in the past run short bizarre page-fillers at the end of major articles under the caption “Department of Clotted Nonsense.”

I'm not sure how Anthony E. George fits into this. A search of the county recorder's records lists a "miscellaneous UCC" filing (Cook County doc #0921122096) with George as the grantee, and "United Nations" as the grantor. Which is...curious.

[notorial dissent]

Sounds like a fellow traveling nutter, possibly the one who originally lead her down the garden path????

[Pottapaug1938]

Sounds to me like George understands the concept of an evidence repository....

[morrand]

Ms. Phillips has evidently now seen the light. In her latest filing, she seeks to make amends for the "clotted nonsense" which she has submitted up to this point.

How?

More of the same, of course.

JUDICIAL NOTICE
AFFIDAVIT OF DISCHARGE

TO THE HONORABLE OF SAID COURT:

To all to whom these presents shall come, Greetings "Equality is Paramount and Mandatory by Law" I Cherron Marie Family Phillips, Adminstrator/Executrix, being duly affirmed depose and declare that I am the undersigned of the "Affidavit of Discharge", whereas The CHERRON MARIE PHILLIPS ESTATE (Beneficiary) d/b/a CHERRON MARIE PHILLIPS TRUST (Surety), making a special limited appearance, having a material and beneficial interest in the corporate entity known as CHERRON MARIE PHILLIPS named Defendant in the above caption case regarding this matter.
1. If this Affidavit of Discharge is not adequate in its form allow Affiant to make corrections as needed to assure the discharge is granted.
2. Affiant preparing this Affidavit is without counsel and willing and able to show why they are lawfully entitled to where relief can be granted herein
3. Affiant resides in Illinois and is an entity over whom this Honorable court has jurisdiction and authority to affect the remedy sought.
4. Affiant hereby demands Mandatory Judicial Notice and Review by this Honorable court of this writing and all evidence entered into this court of record pursuant to F.R.C.P Rule 201 and including this writing is self-authenticating, pursuant to F.R.C.P. Rule 902.
5. Plaintiff is seeking monetary relief in regards to the above caption case and Affiant is without knowledge of the nature and the cause of this proceeding used against the corporate entity CHERRON MARIE PHILLIPS.
6. That this complaint is a commercial crime (see: 27 USC 72.11 meaning of terms), and is subject to set-off in common law or statutory rights against tort or contract claims (see: 28 USC 3003 (c) (6)).
7. Affiant attaching hereto and incorporated herein, presented and surrendered to this Honorable court the REAL DEFENDANT in thie matter Stock No.895488--Certificate of Deposit/Birth, (see Exhibit A), readily marketable asset and Affidavit of Individual Surety, SF 28 (see Exhibit B) as substitution of asset, pledged collateral as eligible obligation/security (see: 48 CFR 28.203-4 and 31 USC 9303), in order to secure, protect, and honor any and all outstanding obligations of CHERRON MARIE PHILLIPS ESTATE, as required under the United States Constitution Article 4 §1 and Title 18 USC section 2265.
8. Affiant is requesting that this Honorable Court issue the Order to discharge above case or show cause in "good faith" and in honor under oath and affirmation within timely fashion under applicable law why the Plaintiff can continue to pursue claims against said Defendant life and liberty without a verified or bona fide criminal process against the Defendant when compensation is presented and surrendered to the United States.

Further Affiant sayeth naught

AFFIDAVIT OF SERVICE
[snip]
Executed on May 29th, 2013
/ss/
T. Hoye
c/o 9449 South Kedzie
Evergreen Park Illinois 60803

JURAT
[notarized by Terry Teague 29 May 2013]

In Witness Whereof, said Administrator/Executrix has hereunto set his/her hand and Seal done this 22 day of May 2013.

/ss/ Bey:Cherron M Phillips
Cherron Marie Family Phillips
Administrator/Executrix, for the
CHERRON MARIE PHILLIPS ESTATE

WITNESS
I declare that Cherron M. Phillips, Adminstrator/Executrix is personally known to me (or prove to me/us on the basis or convincing evidence) to me the Officer that he/she signed or acknowledged this Affidavit of Discharge in my presence, or he/she appears to be of sound mind and under no duress or undue influence

By: [signed]Akili Mwalimu, All liberties reserved
Printed Name: [...] Date: 5/22/13

By: [signed] Talib El Bey
All Rights Reserved

ACKNOWLEDGEMENT BY NOTARY PUBLIC

For Verification Purposes Only

On this date the men/women named above, in their stated capacity, personally appeared before me and acknowledged that this Affidavit of Discharge attached to this acknowledgement was signed as a free and voluntary act and deed the uses and purposes therein mentioned.

Date: May 22, 2013 By: [signed] Terry Teague, Notary Public

There then follows several pages of "Affidavit of Individual Surety", "UCC Financing Statement Amendment," apostille, Ms. Phillips's Illinois birth certificate (endorsed over to the United States, without recourse), an "Affidavit of Ownership of Trust Certificate & Title" recorded in Cook County under document number 1313539048, and "Payment Bond" with Bank of America signature guarantee. (I'll throw it up on the BBS if anyone is interested.)

Evidently not satisfied that this represented a sufficiently advanced phase of stupidity in a case before a judge who's been doing everything to signal impatience short of literally exploding, Ms. Phillips then decided to visit Pretrial Services, who passed along her request to Judge Shadur.

Good Morning Sonya,

Ms. Phillips was in our office a few minutes ago and reported Judge Shadur granted her oral motion to allow her to attend her child's academic awards ceremony tomorrow [June 8] from 4-9pm. Please verify that Judge Shadur granted the defendant's motion as noted above....

Christopher J. Lonis
U.S. Pretrial Services Officer

[handwritten note:] Please advise because it was not discussed in court.

That drew this MO about a week later.

Last Friday afternoon (June 7) this Court’s courtroom deputy delivered to this Court a copy of the e-mail directed to her that day from Pretrial Services Officer Christopher Lonis. Not to put too fine a point on it, the reported representation by defendant Cherron Phillips (“Phillips”) was totally false--she said nothing whatever about her child’s academic awards ceremony or about her requested attendance at that ceremony during the previously-set brief status hearing that was held that morning for a totally different purpose.

This memorandum order is not intended to suggest that this Court would have denied such a request if it had been made. Instead Phillips has simply provided another instance--and a particularly egregious one, since it involves a blatant falsehood--of her apparent belief that she can conduct herself in this criminal proceeding in accordance with rules of her own (or perhaps no rules at all).

Because the purpose of the June 7 status hearing was to determine whether the parties had arrived at some predicate for resolution of this case, and because their joint report was negative in that respect, this Court set defendant Phillips’ trial to begin at 9:30 a.m. July 29, 2013. Because defendant Phillips wishes to exercise her constitutional right to represent herself in the criminal trial (see Faretta v. California, 422 U.S. 806 (1975)), and because her expressed reluctance to accept the assistance of standby counsel will no doubt give her more than enough to do in preparation for trial,(1) no useful purpose would be served by a digression now into the possible consequences of Phillips’ distressing conduct. Instead any possible action by this Court will be deferred until after completion of the trial.

/ss/ Milton I. Shadur
Senior United States District Judge
Dated: June 11, 2013

(1) This court has not reached a decision as to whether such counsel will have to be appointed to assist Phillips with technical matters relating to the trial, so as to keep the case within proper boundaries.

I confess to a sick desire to visit the courthouse on the 29th of July to see just how badly it goes. She's clearly not on the glidepath to victory right now.

[Gregg]

I would have thought that little "da judge says I can go" episode would have resulted in her bail being revoked.

[notorial dissent]

I would say from the way this is going, and teh tenor of her actions, that bail revocation is probably not far in the offing, and I would hope the judge will insist on some kind of competent back up, since otherwise, she is going to totally destroy any chance, slim though it may be, she might have had of not getting the hammer brought down hard.

[ArthurWankspittle]

She's clearly not on the glidepath to victory right now.

But, for a kamikaze, so far so good.

[Gregg]

I would say from the way this is going, and teh tenor of her actions, that bail revocation is probably not far in the offing, and I would hope the judge will insist on some kind of competent back up, since otherwise, she is going to totally destroy any chance, slim though it may be, she might have had of not getting the hammer brought down hard.

Is there a downside to that? I WANT this nutcase to get pounded, we hardly need more of them roaming free.