JOHN HARMON, law clerk to Judge Fuentes

Lidya Radin
278 Third Street, # 1
Jersey City, New Jersey 07302

October 9, 2008

I am the defendant in Pagnozzi v. Radin, docket number: LT-3443-08, with Judge Fast, in landlord-tenant court. Entry of judgment date: October 8, 2008.

Brief statement of the issue:

Request for emergency stay, seeking to avoid charges of obstruction of justice, a crime.

I am seeking an emergency stay of an eviction ordered by Judge Fast in landlord-tenant court, scheduled for October 17, 2008, pending an appeal, or, more immediately, until such time as I can secure evidence in my apartment. At first, I thought that I could meet the October 17, 2008 deadline, but, as the situation changed in real time, I cannot.

My immediate need is to secure fingerprint evidence, and I may not be able to do so by October 17, 2008. I am working as quickly as possible, in real time.

Details:

In real time, I am working as quickly as I can to secure evidence and to provide full, true, and complete information and evidence to the Manhattan District attorney’s office, another special investigator from the military, who explicitly asked me to post information on the Internet, for ease of reference ( hard-copies that have to pass through Anthrax screening would take too long, on the order of weeks), and to a legal team at Columbia University, who, last time I spoke with them, felt that the information in my case would be helpful to their client as they present her case now in an international court. I can provide some contact information, if needed, for this court to confirm what I am saying is true.


Locally, the evidence and information that I am publishing, helps Jersey City municipal court Judge Irvin Rosen (notably absent from all press reports is the fact that Judge Rosen told the truth on the record about a $42 parking ticket that would have been dismissed anyway, he demonstrated no malice) and Jersey City Mayor Healy ( he demonstrated no malice, Mayor Heal tried to help a woman, he does not deserve to be removed from office). The transgressions their cases pale by comparison to my case.

In addition, Judge Fast has scheduled a for-cause hearing on October 15, 2008, because, he asked my landlords to stop cashing my rent checks, yet, they keep accepting my rent payments, each time re-establishing my tenancy, and waiving their claims against me. My landlords are creating an untenable situation for Judge Fast, and me. Each time they cash a rent check, they re-establish my tenancy, and waive their claims. Then, Judge Fast voids a judgment to evict me, and, the next day, re-instates the judgment to evict me. This has happened three times since September 8, 2008. It is unreasonable, illogical, and is creating a dangerous precedent. My landlords want to have things both ways, they want to accept my rent payments re-establishing my tenancy, and waiving their claims against me, and at the same time have me evicted. This is not a non-payment of rent case. I am double-checking to see how many more rent payments my landlords have already cashed, in preparation for this hearing.

In response to false criminal charges, my mother and Robert Cross, witnesses in the upcoming criminal trial, are staying with me. This is the cheapest solution I could find. If I am evicted, my landlords will have to pay for a hotel for these witnesses. My landlords made false criminal charges against me; not the other way around. For example, on 9/25/2008, Judge Fast, who was aware of the “no-contact” order, directed me to hand-deliver his order voiding judgment to the Pagnozzis. I did so. Then, the Pagnozzis filed a false criminal charge against me for violating the “no-contact” order. The Pagnozzis and their criminal defense attorneys know this is nonsense, and that they are playing games.

Judge Fast has indicated that he will not entertain a motion for re-consideration, will not grant a hardship stay even though I am disabled and suffering from physical injuries sustained in a June 2008 car accident, and will not grant an order for orderly removal ( claiming he already gave me one, that was part of a voided judgment) leaving me with no other recourse than to make this request.

Judge Fast has indicated that he will not allow into evidence information that Kenneth Kim, a non-party witness, was not truthful when he testified, in this case. Mr. Kim is a law clerk in Superior court, and it appears that Judge Fast is trying to protect him at my expense. As a material point in my case, Mr. Kim testified that his girlfriend lived with him for only 4 to 5 months. This is not true. Also, Judge Fast has indicated that he will not allow into evidence information that Angel Quinones, another non-party witness, was not truthful. Mr. Quinones did not come to court five times, in my case(s). Upon appeal, my case can be returned to the lower court to expand and correct the record, in the interests of justice. More to the point, why would Kenneth Kim, a young man with a promising career ahead of him lie just to hurt me?

My landlords real purpose is to create a crisis situation in which evidence material to me, and other innocent victims may be lost or purposefully destroyed.

For example, Ralph Pagnozzi’s fingerprints are all along the perimeter of a wall he falsely accused me of removing. In 2003, shortly after I moved in and at Asaf Rosenheim’s insistence ( Mr. Rosenheim was my room-mate at that time), Ralph Pagnozzi made repairs to the unfinished, raw edge of this wall.

The Pagnozzis tried to create a fiction that Asaf Rosenheim made repairs to my apartment and left it in excellent condition, and that subsequent to Mr. Rosenheim being asked to leave in 2003, that I, as a destroyer, as a criminal, caused thousands of dollars of damage to Mr. Pagnozzi’s property. This is not true.

In a criminal scheme, Mr. Pagnozzi sought to have me labeled as a criminal for damaging his property, and he sought to gain thousands of dollars from me for damages I did not cause. I am very concerned that after I move-out, and after Mr. Pagnozzi paints over his fingerprints that he will falsely accuse me again. I have the right to preserve fingerprint evidence that would protect me now and in the future, and am making heroic, good-faith efforts to do so, as quickly as possible, as I discussed with the public defenders’ office, the FBI, and others.

Further, Asaf Roseheim complained about exposed electrical wires from the wall that had been removed before I moved-in, in his court papers, Small Claims action against the Pagnozzis, SC-307-04, heard on 02-27-04, Rosenheim v. Pagnozzi. I was sworn-in, testified, and authenticated my June 2003 security deposit check that I paid to Mr. Rosenheim. Lawrence Sindoni, and other lawyers at Northeast New Jersey Legal Services, listened to this audio-tape. They are witnesses, as is Karla Garcia ( telephone: 201-792-6363 ext. 32270 ).

It is impossible to believe that I was continuously out-of-touch with reality for years, when, at the same time, Magda Pagnozzi called me as a witness to defend herself against Asaf Rosenheim.

In this case, Judge Fast accepted my June 2003 check into evidence, but, then, claimed that the audio-tape dated 02-27-2004 was too old to be entered into evidence. Judge Fast’s reasoning made no sense. My June 2003 check is older than the 02-27-2004 audio-tape. Irrespectively, in 2004, Mrs. Pagnozzi could not have achieved a favorable ruling unless I was sworn-in to authenticate my check into evidence.

Also, disturbing is Mrs. Pagnozzi’s testimony in 2008, in this case, that Mr. Rosenheim paid me when I moved-in as his roommate in 2003. This makes no sense. Mrs. Pagnozzi knows this is not true. Who put those words into Mrs. Pagnozzi’s mouth? Why did Judge Fast work so hard to keep evidence off the record?

I suspect that the real culprits are Dan Riesel and others at my medical school, the Albert Einstein College of Medicine of Yeshiva University. For the past three years, Mr. Riesel has been helping my medical school steal money from me and Mike Tyberg in a federal student loan program. Mr. Riesel and my medical school would like to discredit me with the fiction that I was continuously out-of-touch with reality for years, from 1990 until now, because I caught them in federal crimes. However, when I was a medical student, from 1994 to 1996, I worked with nurses, social workers, doctors, patients, all kinds of personnel who never detected any mental disease or defect. Alone, and behind closed doors, I interviewed sick and dying patients. I would never have been permitted to operate this way, if I was not 110% fit.

The Pagnozzis have already lied about me, with the cooperation of local authorities. For example, the Pagnozzis falsely accused me of stuffing hundreds of tampons down my toilet to flood their basement, tried to have me labeled as a criminal, tried to gain thousands of dollars from me. Mr. Pagnozzi testified that tampons are “not flushable” in order to establish criminal intent, and the municipal court prosecutor and the municipal court judge, Judge Rodriguez, were willing to go along with criminal charges until I posted box inserts from tampon makers that stated tampons were flushable. The judge and the prosecutor are women, who, most likely have been using tampons for years; they knew this charge was bogus.

Most recently, doctors at Jersey City Medical Center tried to label me falsely as mentally-ill, and claimed that I sent emails to Judge Rodriguez. This is not true. They claimed that I made phone calls to Judge Rodriguez. This is not true. They claimed that I sent letters to Judge Rodriguez. This is not true. I sent only one letter to Judge Rodriguez, at the request of Jonathan Goodman, my public defender, on 9/12/2008, this is provided for ease of reference. In open court, Mr. Goodman directed me to make a request for a different judge, pro se.

Judge Rodriguez does not like the fact that I went public with the facts in my case, in order to protect myself, because the courts, and law enforcement do not protect me from criminals. Judge Rodriguez does not like the fact that I am sharing the facts in my case with an international court to demonstrate that “no-contact” orders and “restraining orders” are worthless.

Also provided for ease of reference, is information that demonstrates that Judge Fast’s ruling that I had no probable cause to make 5 additional complaints against the Pagnozzis for violating a “no-contact” order in mid-August 2008 has no basis in fact. I had plenty of probable cause. Judge Rodiguez issued a verbal “no-contact” order on 7/10/2008. This was not placed on the written record until 8/26/2008. Because I had nothing in writing to show to the police, they said that there was nothing they could do to protect me when Mr. and Mrs. Pagnozzi violated the “no-contact” order 5 times, on or about, August 9, 14, and 15, of 2008, culminating in an act of violence when Mr. Pagnozzi slashed my front door with a knife. The excuse that Mr. Pagnozzi and his criminal defense lawyer made to the police was that Mr. Pagnozzi’s behavior was acceptable because he damaged his own property. Mr. Pagnozzi did not slash my front door because he wanted to damage his property. He slashed my front door with a knife to terrorize me, and other witnesses who testified against him in landlord-tenant court, and who are scheduled to testify against him in criminal proceedings.

In the landlord-tenant action against me, Melissa Bastos provided her cancelled checks, which Mr. Pagnozzi testified he signed and cashed, which demonstrate Magda Pagnozzi lied about giving Ms. Bastos a rent reduction for 3 months in 2006-----other evidence that my attorney, Mr. Sindoni, and I placed on the record demonstrate that Melissa Bastos, me, and other tenants are material witnesses against the Pagnozzis in income tax fraud.

The police told my family that I voluntarily committed myself to Jersey City Medical Center. This is not true. This hospital held me against my will based on false reports that I sent emails, letters, and made phone calls to Judge Rodriguez, and based on false reports that I was a terrorist. Over the past 2 to 3 years, I was already cleared of false charges of being a terrorist by the New York City Police Department (NYDP), the Secret Service, and an investigator at the Pentagon asked me to post the information I provided to the NYPD on the Internet, for ease of reference. On 9/24/2008, before Jersey City Medical Center harassed me with false reports, and before they scared my family, the investigator at the Pentagon already admitted that my words were taken out-of-context, and that I was not dangerous, that I was not a threat.

My family feels that my life is at risk when landlords, judges, the police, and doctors lie, and that I should leave town. Where should I go? Where does a woman run to when Dan Riesel, a former chief federal prosecutor, a medical school, 36 federal judges, the Bronx district attorney, elected officials, and generals from Westpoint cooperate in crimes against her?

For example, the Code of Federal Regulations defines a student as anyone who is or has been in attendance at an educational institution. This definition and other laws that I quoted in federal court demonstrate irrefutably that a “former” student can correct her records, and that 36 federal judges upheld an intentionally fabricated ruling that was applied to me (not to Mike Tyberg) and used deliberately to hurt me for years.

More to the point, there is a one-year fraud discovery rule for criminal prosecution and a two-year fraud discovery rule for civil cases in the Second Circuit for everyone BUT me. Judge Patterson ruled against me in May 2005. I made discoveries from June 2005 to now, that would allow me to amend my complaint. An amended complaint completely replaces my original complaint. This is true for everyone in the Second Circuit, but me. The corruption speaks for itself.

Jeevan Padiyar’s attorneys and I discussed this point and others in my case to confirm that I am correct. Rev. Al Sharpton and his attorney, Mike Hardy, both confirmed, through attorneys, that my medical school was guilty of crimes against me in the federal student loan program and should be prosecuted.

36 federal judges acting in concert with law enforcement and the Bronx district attorney are preventing me from making full, true, accurate, and complete entries into my business/financial records at Yeshiva University, a crime under New York State law. They could correct this at any time, even now. In contrast, the Manhattan district attorney’s office had no problem prosecuting Touro College for maintaining false business records, a fact I discussed with Rabbi Marcus, a significant figure at Dr. Lander’s school, Touro College, when I tried to get help for Mike Tyberg.

Congressman Crowley and James (Jimmy ) David, MD, a former dean for students at my medical school, and a psychiatrist who specializes in thought disorders, already laughed at the fabricated ruling that a “former” student cannot correct her records, and said, of course, I can, the judges are lying.

Lt. Col. Kevin C. Reilly, Army, stationed at Fort Knox, already came forward and authenticated my college bulletin that shows we took 14 first-year classes, not five, and that John Scarfone lied when he said I failed 3 of 5 first-year classes, and Lt. Col. Reilly reminded me that about 800 of my classmates, all doctors now, can testify to this fact, as well as several thousand faculty members.

In 2004, the entire Board of Trustees admitted that Michael J. Reichgott, MD, a former dean for students, and my dean, and a significant figure in my illegal expulsion, lied in a security report to illegally break into my home on the Einstein campus.

Frankly, I think the 36 judges were lied to, and now, are too embarrassed and too ashamed to correct the false rulings in my case; there are Congressional investigative staff who agree with me.