Motion DENIED - Again.
Judge Marco Hernandez REFUSES to allow COX to know whether there was Jury Tampering. Cox moved the court, over and over to investigate Jury Tampering, Judge Marco Hernandez DENIES Cox this basic right.
Click Below to Download, Cox's DENIED Motion to Investigate JURY.
https://docs.google.com/document/d/1eqkH8Gm0R4LU12EcWGCAIOb_h_dUXKMMr3xQL4I5eR0/edit?usp=sharing
"Motion to Compel this court to Investigate
Jury Tampering and Void Jury Findings
Defendant Crystal Cox moves this court to investigate Jury tampering and thereby VOID the Jury’s findings that Cox posted false information regarding Kevin Padrick, TRUSTEE.
Defendant Cox alleges that head Juror Joseph Whittington was a put by Plaintiff and Judge Marco Hernandez as an ally for Obsidian Finance Group to WIN this case and to paint Cox out as EVIL and bad, to discredit Cox and to protect the corrupt, unethical, unconstitutional and illegal actions of Tonkon Torp Law Firm, Perkins Coie Law Firm and Obsidian Finance Group, Kevin Padrick in the Summit Bankruptcy.
Background
On November 29th, 2011, Cox had a one day trial by Jury where Cox was ruled to have posted false information regarding Plaintiff.
Plaintiff did not request Jury trial, as a matter of law and Cox was forced, tricked, coerced, and made to have a Jury trial when there should have by law been a bench trial.
This court claims it is a matter of law that if a defendant requests a jury trial in an denied counter claim that would have been a separate trial if not denied, that this satisfies Plaintiff’s obligation as a matter of law, to have requested a jury trial. Cox continues to OBJECT to a Jury trial as PLAINTIFF did not, per rules of procedure request a Jury trial properly, as a matter of LAW.
This court continues to favor Plaintiff and discriminate against pro se litigant Crystal Cox and act outside of law, rules of evidence and rules of procedure to protect corruption in Portland, OR.
To this day, August 9th, 2014 Defendant COX still has no idea what is alleged to be false on the post of December 25th 2010 that is the only publishing that is of material evidence in this case Cox still believes every word is true or asking a question of TRUTH.
Defendant COX continues to make and believe the same allegations as in the blog post that is of material evidence in this case.
Defendant COX continues to CLAIM that the Oregon Retraction Laws apply to her as a blogger publishing thousands of blog posts for over 7 years, this court continues to claim that Oregon Retraction Laws do not apply to bloggers, and especially Blogger Crystal Cox of which this court has extreme prejudice due to Cox reporting on alleged corruption of Judges, Attorneys, Law Firms, CEO’s and politicians in the District of Oregon.
The Retraction laws DO apply to blogs, and therefore PLAINTIFF had NO LEGAL RIGHT TO SUE Cox as they did not legally request a post retraction or a retraction of any kind nor even let Cox know which blog post they had an issue with thereby giving Cox ample time to remove the post before face 3 years of costly litigation through the 10 million dollar lawsuit PLAINTIFF filed against Cox. However, this court has ruled on several motions that COX is not entitled to Retraction Laws though her hundreds of thousands of blog posts over a decade CERTAINLY do apply as a matter of law to the Retraction Statutes.
The SUBJECT Blog Post
The Blog post was verbatim from Cox’s source inside the Summit Bankruptcy as seen in Exhibit 1. Cox has no way to know what is allegedly not true and continues to believe that Plaintiff is guilty of fraud, deception, violation of bankruptcy code, HIPAA violations, and unethical, unconstitutional, illegal actions in the Summit Bankruptcy.
The Jury did not have ANY information on the Summit Bankruptcy.
Judge Marco Hernandez and attorney David Aman coerced Defendant COX into not taking the stand on her own behalf, by telling her that if she did the email that she objected to and was part of a settlement negotiation would come into evidence. So Cox chose to NOT testify, this is shown in the hearing the day before Cox’s Trial, Exhibit 6.
Defendant Crystal Cox brought over 500 pages of documents of where she got the blog post from. Judge Marco Hernandez threw it all out as hearsay. There was no way for the Jury to properly determine if the post was factual and no way for Cox to prove that it was true, due to Judicial Prejudice and deliberate removal of evidence by the court see Exhibit 2, all thrown out as hearsay by Judge Marco Hernandez.
Defendant Crystal Cox has given this court an email from her source which is the blog post EXACTLY, as shown in Exhibit 1. Cox has shown this court motions filed in the court that she read and exactly how she came to the FACT that Kevin Padrick had violated bankruptcy code, and acted unlawful and unethical in the Summit Bankruptcy. As seen in Exhibit 1, 2, 3, and 5.
This court has repeatedly IGNORED this information and protected the bankruptcy TRUSTEE Kevin Padrick and targeted the penniless blogger exposing the unethical and illegal actions of the Summit Bankruptcy.
On Feb. 13th, 2012 Cox notified Judge Marco Hernandez, the Court, of alleged jury tampering. This was a matter of urgent importance and this court simply IGNORED the motion. See Document 119 and 120, and all connected Exhibits and memorandums.
Defendant COX moves this court to INVESTIGATE Jury Tampering
Defendant Crystal Cox Again moves this court to investigative Jury Tampering and at the very least to provide Cox with sworn affidavit from Joseph Whittington, Patricia Whittington, Ewan Rose, Todd Greggory, David Brown, Kevin Padrick and David Aman that they have direct knowledge that in no way is Joseph Whittington, Juror number 11 related to Obsidian’s then VP Patricia Whittington and that Obsidian Finance Group has never done any business of any kind with head juror Joseph Whittington nor any company he has ever owned or had interest in in any way, SWORN under penalty and perjury.
This is a matter of urgent importance. COX has a right to a fair and impartial JUDGE, of which she has been DENIED. Cox has a right to a fair and impartial trial, which Cox has been DENIED.
Judge Marco Hernandez refuses to remove himself from this case though he has clear conflicts and is Cox’s right as a matter of law to ask for and receive his removal.
Hernandez stays on as JUDGE to protect Oregon Corruption, there is no other reason to simply not recuse and let another JUDGE oversee this case, as a matter of LAW and constitutional rights.
Cox has a right to have ONLY a Bench Trial as PLAINTIFF did not properly request a JURY TRIAL. COX has been DENIED this as well, with no basis in law.
COX has alleges the the Jury was rigged, conflicted and has a right to this matter being resolved before moving forward. This is a serious allegation, and due to what Cox has found and notified this court of several years ago, COX has a belief based in evidence, that the jury was tampered with and therefore the allegation that the JURY ruled Cox’s post to be False and Defamatory is mute, and even criminal in nature if the Jury was rigged, conflicted or tampered with in any way.
COX moves this court to demand discovery and rules of evidence, documentation or whatever it takes as a matter of law to prove, once and for all that the head juror had no conflicts whatsoever as a matter of U.S Law, Oregon Law, the Constitution and the Bill of Rights, and all related due process laws.
Cox Alleges that Joseph Whittington, Advertising Executive, Worked on projects for and with Obsidian Finance Group in Christmas Valley Oregon Solar Projects.
Defendant Crystal Cox alleges that Obsidian Finance Group, and connected solar companies they owned, managed, and started out of Christmas Valley Oregon, had marketing contracts or affiliations with Joe Whittington via his company and companies connected to him such as and not limited to Marquee Media and Whittington Consultants LLC. The same Joe Whittington that was the head juror in the trial Obsidian v. Cox.
Cox alleges this is an undisclosed conflict and jury tampering.
The Following is alleged reasons that COX alleges undisclosed relationships, undisclosed contracts, and in effect Jury Tampering that led to severe discrimination against Defendant COX.
Juror Number 11, Joseph Whittington is connected to, affiliated with or owns Marquee Media of Washington, which is a a Media Brokerage in Oregon. Cox alleges that this Joe Whittington has provided marketing services for Obsidian Finance Group and their solar farms in Oregon.
Defendant Crystal COX also alleges that Joe Whittington is related to witness VP of Obsidian Finance Group, Patricia Whittington? Cox alleges that Patricia's husband Jeffrey Whittington is related to Joe Whittington and both worked for, with or under a John D. Whittington of Whittington Consulting. And that Whittington Consulting which is the contact information for Marquee Media, has had contracts, affiliations or projects they have worked for or provided for in connection to Obsidian Finance Group, Todd Gregory, David Brown and Kevin Padrick.
This connects was not disclosed to COX at the time of her trial and thereby COX moves this court to call for an investigation and to strike the Jury's verdict that COX posted false and defamatory information regarding fraud, corruption, and unethical allegations against Summit Bankruptcy TRUSTEE, Plaintiff Kevin Padrick.
COX discovered this connection when researching the SERIOUS conflict of interest in which Patricia Whittington had with Cascade Medical Center, St. Charles Health System, Sageview Bend Oregon and Jim Diegal CEO.
COX alleges that
Patricia Whittington and connected to
Jim Diegel CEO of Cascade Health, who owns Sageview Mental Hospital in Bend Oregon, were behind or connected to the FORCED, involuntary hospitalization / incarceration of SUMMIT whistleblower Stephanie DeYoung, to keep her from talking to an investigative journalist, me, Defendant Crystal Cox.
Stephanie, my main source in the Summit Bankruptcy, was drugged, and her rights SEVERELY violated. She was released from Sageview after about 90 days only if she agreed to not talk with me, Defendant Crystal COX, which of course has NOTHING to do with a valid medical condition.
COX alleges that Patricia Whittington gave David Aman of Tonkon Torp and Kevin Padrick of Obsidian Finance Group Stephanies' medical files, as they had numbers and information in which if released to them violates HIPAA laws and is a CRIME.
Patty Whittington was on the board of Cascade Health Communities, and COX alleges that Patty Whittington violated HIPAA laws, got files and conspired in some way to incarcerate a whistleblower and provide medical information to Tonkon Torp Law Firm and Kevin Padrick of the financial firm she was VP, Obsidian Finance Group.
Juror number 11, Joe Whittington never mentioned being a Consultant for an online marketing firm nor having any expertise in the marketing field, or any connection to Obsidian Finance in any way.
Defendant Cox alleges a conflict of interest with Judge Hernandez knowing that Joseph Whittington was head juror before it was told to him, as shown in court transcripts where Judge Hernandez, yes, claims he noticed the paper in Joe Whittington’s hand, however Cox ALLEGES that Judge Hernandez knew ahead of time that Joe Whittington would be the presiding Juror.
Pro Se Defendant Crystal Cox has asked Judge Hernandez to sign a conflict of interest disclosure form from her first response to this court and has been denied this several times.
Judge Hernandez was appointed after Obsidian V. Cox was filed and was endorsed by Sen. Gordon Smith and Democrat Sen. Ron Wyden, both of whom are connected to Obsidian Finance Group by Campaign Contributions and by William Smith Properties Bend Oregon recommending Obsidian Finance Group to Summit Accomodators and being a top contributor to both Sen. Gordon Smith and Democrat Sen. Ron Wyden.
Defendant Crystal Cox moves this court to ensure to her that there has been no Jury tampering and to take serious and investigate the matter of Jury Tampering."
