Much to my surprise, and I really am surprised, Judge Marco Hernandez kissed off the perjury by Zweizig and subornation of perjury by Christiansen in refusing to vacate the Judgment. I had hoped that Judge Hernandez would learn from his mistakes and rectify them in this case, but he has chosen ignorance and arrogance over competence and integrity.
When I count the issues though it appears to me that he is just running a Kangaroo court and will suppress evidence and endorse perjury if it meets his agenda of social activism. Throughout this process I have struggled to trust him, but want to. I so much want to.
Judge Hernandez suppressed evidence (forensic reports) that was specifically cited in this blog as reference material produced by independent third parties opining that Zweizig downloaded and disseminated child porn using a peer to peer program registered to him. Once that was done it became a “he said she said” argument in front of a Portland jury that Judge Hernandez knew was biased.
Judge Hernandez denied my discovery, refused to allow counterclaims against Zweizig and Christiansen for publishing that I was plotting to assassinate a Federal Judge. Christiansen published the Jones and Kugler transcripts to garner the prejudicial retaliation of the court.
Judge Hernandez endorsed Christiansen’s publishing of past hearings alleging that I had been held in contempt of court when the truth was I was not so held. In fact that issue arose when I published Sandra Ware’s relationship with Judge Kugler. In the initial stage of this case, Hernandez put Christiansen on notice to stop this, but C continued and he was not sanctioned.
Judge Hernandez allowed the court’s trial transcript to be compromised, the court recordings destroyed, the clerk’s recordings destroyed, all while the recordings were subject to a litigation hold and subpoena. He further quashed the subpoena to Crow’s file, which would have shown the Kugler interference. I didn’t acquire the evidence of Kugler direct contact with Arbitrator Crow until after the trial.
And of course Judge Hernandez refused to allow a third party to interview the jurors on bias, content and misconduct. Given that the transcript was missing key statements, interviewing the jurors was imperative. In my brief discussions with jurors, had the forensic evidence showing Zweizig downloaded child porn been presented to this jury, Zweizig would not have prevailed.
From the very beginning this case reflected the bias of an attorney working for legal aid, most notably when the Judge refused to compel arbitration on the exact same claims Zweizig brought before…and those claims were subject to arbitration. More importantly Oregon and U.S. Supreme Court legal precedent demands the case be sent to arbitration, but instead Hernandez chose to adopt the ludicrously stupid arguments offered by the anti-business playbook. The Judge’s disdain for business and owners no doubt arises from his days at Legal Aid.
Hernandez put himself through school and I appreciate that effort. I did the same.
So my heart brakes at the thought that it is more important to punish me for exercising my first amendment right and publish about the Crow abuses in the 2011 arbitration then it is to follow the law. The first amendment is under attack and no place more than the U.S. District Court of Oregon. Federal Judges are charged with protecting the Constitution, not tearing it apart.
In this case Judge Hernandez and his staff knew Zweizig and Christiansen were committing perjury during the trial and he knows Zweizig downloaded and disseminated child porn. He knows Zweizig is a cybercriminal. And he knows that FISA Judge Kugler had some kind of relationship with Sandra Ware that compromised Kugler’s judicial position and may now lead to Kugler’s impeachment.
This is such a travesty for Portland. Nothing would please me more than to see the Judge pick up the mantel and protect our children from child porn and pedophilia, but he hasn’t. That’s the tragedy. I know his brother and the Judge has the capacity to be the greatest defender of good, but he has chosen a different path that serves evil, not good. And I can’t figure out why. I know his story, but I am still surprised.
The Judges 3 line Opinion is here Gmail – Activity in Case 3_15-cv-02401-HZ Zweizig v. Northwest Direct Teleservices, Inc. et al Order. To suggest my 20 references to perjury in trial transcripts is insufficient is inaccurate, but it is an apparent effort by the Judge to avoid the truth.
My Motion For Reconsideration is here 339, 340, 340-1, 340-2.