Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state, USA
zip code exempt (formerly DMM 122.32)
Under Protest and by Special Visitation
with explicit reservation of all rights
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR)
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) PETITION FOR ORDER
) TO SHOW CAUSE RE:
_______________________________) GRAND JURY TESTIMONY
COMES NOW Paul Andrew, Mitchell, Sui Juris, Sovereign Arizona
Citizen (hereinafter "Counsel") and Vice President for Legal
Affairs of New Life Health Center Company, an Unincorporated
Business Trust domiciled in the Arizona Republic (hereinafter
the "Company"), to Petition this honorable Court for an Order to
Show Cause why Counsel and Dr. Eugene A. Burns should not be
allowed to testify, without the presence of Mr. Robert L.
Miskell, to the federal Grand Jury already convened in the
instant case concerning the documentary evidence which Dr. Burns
personally served on all members of said Grand Jury at 9:30 a.m.
on Wednesday, May 22, 1996.
Dr. Burns appeared as required by Order of this honorable
Court, but did so under protest because said Order needs further
clarification. To this end, the Company has previously
petitioned this Court for formal clarification of said Order. A
hearing on this petition has not yet been scheduled.
Petition for OSC re: Grand Jury Testimony:
Page 1 of 6
The Company has also petitioned this Court for several
effective judicial remedies, including but not limited to an
order to Mr. Robert L. Miskell to show cause why he should not
be charged with mail fraud, jury tampering, and obstruction of
justice. The Company has also filed and served a supplemental
petition for an order to Mr. Miskell to show cause why he should
not also be charged with perjury and contempt of court because
of his questionable conduct in connection with the Grand Jury
proceedings in the instant case.
With the assistance of Counsel, Dr. Burns photocopied and
bound a set of exhibits for presentation to the Grand Jury at
the hearing scheduled for May 22, 1996. When He attempted to
distribute these bound exhibits to the several members of the
Grand Jury during said hearing, Dr. Burns was prevented from
doing so by Mr. Miskell, who also attended the hearing.
The Company considers this act as further evidence of jury
tampering and obstruction of justice, particularly because these
exhibits contain material evidence of Mr. Miskell's overt acts
of mail fraud, jury tampering, obstruction of justice, perjury,
and contempt of court in the instant case and prior to it.
The Company argues that this evidence should be presented
to the Grand Jury in the instant case by federal witnesses who
are competent to explain the precise sequence of events which
have transpired, and the precise sequence of documentary
evidence which should be examined by the Grand Jury as
supporting material evidence of these events.
Petition for OSC re: Grand Jury Testimony:
Page 2 of 6
The Company makes this notorious offer to prove to the
Grand Jury that Mr. Miskell (and other accomplices) have been
willing and premeditated participants in an on-going perjury,
extortion, mail fraud, and conspiracy racket within the
Department of Justice and the "Internal Revenue Service,"
particularly as regards enforcement of the Internal Revenue Code
within the freely associated compact states. See 28 U.S.C. 297.
The Company offers to prove to the Grand Jury that Mr.
Miskell has also been an active participant in a deliberate and
openly acknowledged effort unlawfully to destroy the reputation
and business of New Life Health Center Company, its officers and
co-workers, which effort was criminal in intent when it started,
and remains criminal in intent right up to the present moment.
RELIEF SOUGHT
Wherefore, Counsel petitions this honorable Court, on
behalf of the Company, for an order to the office of the United
States Attorney to show cause why Counsel and Dr. Eugene A.
Burns, who are now both federal witnesses, should not be allowed
to testify, without the presence of Mr. Robert L. Miskell, to
the federal Grand Jury already convened in the instant case
concerning the documentary evidence which Dr. Burns personally
served upon all members of said Grand Jury at 9:30 a.m. on
Wednesday, May 22, 1996.
Respectfully submitted on May 24, 1996.
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
All Rights Reserved without Prejudice
Petition for OSC re: Grand Jury Testimony:
Page 3 of 6
PROOF OF SERVICE
I, Linda H. Burns, hereby certify, under penalty of perjury,
under the laws of the United States of America, without the
United States, that I am at least 18 years of age and a Citizen
of one of the United States of America, that I am not currently
a Party to this action, and that I personally served the
following document:
PETITION FOR ORDER TO SHOW CAUSE
RE: GRAND JURY TESTIMONY
by placing said document with exhibits in first class U.S. Mail,
with postage prepaid and properly addressed to the following
individuals:
ROBERT L. MISKELL John M. Roll
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO Clerk
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
Grand Jury Foreperson Postmaster
In re: New Life Health Center Co. U.S. Post Office
55 E. Broadway Downtown Station
Tucson, Arizona Tucson, Arizona
Judge Alex Kozinski Evangelina Cardenas
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California Tucson, Arizona
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. ! 10th and Constitution, N.W. !
Washington, D.C. Washington, D.C.
Dated: June 5, 1996
/s/ Linda Burns
________________________________________
Linda H. Burns, Citizen of Arizona state
All Rights Reserved without Prejudice
Petition for OSC re: Grand Jury Testimony:
Page 4 of 6
Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state, USA
zip code exempt (formerly DMM 122.32)
Under Protest and by Special Visitation
with explicit reservation of all rights
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR)
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) ORDER
_______________________________)
Upon motion of the Company and its Counsel of record, and good
cause appearing therefor,
IT IS ORDERED that:
The office of the United States Attorneys will show cause,
in a Memorandum of Points and Authorities, why Dr. Eugene A.
Burns and Counsel of record for New Life Health Center Company,
Mr. Paul Andrew, Mitchell, B.A., M.S., should not be scheduled
with all deliberate speed to testify, without the presence of
Mr. Robert L. Miskell, to the federal Grand Jury already
convened in the instant case concerning the documentary evidence
which Dr. Burns personally delivered to said Grand Jury at 9:30
a.m. on Wednesday, May 22, 1996.
Dated this _________ day of ____________________, 1996.
_____________________________________
JOHN M. ROLL
United States District Judge
Petition for OSC re: Grand Jury Testimony:
Page 5 of 6
Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state, USA
zip code exempt (formerly DMM 122.32)
Under Protest and by Special Visitation
with explicit reservation of all rights
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR)
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) ORDER
_______________________________)
Upon motion of the Company and its Counsel of record, and good
cause appearing therefor,
IT IS ORDERED that:
Dr. Eugene A. Burns and Counsel of record for New Life
Health Center Company, Mr. Paul Andrew, Mitchell, B.A., M.S., be
scheduled with all deliberate speed to testify, without the
presence of Mr. Robert L. Miskell, to the federal Grand Jury
already convened in the instant case concerning the documentary
evidence which Dr. Burns personally delivered to said Grand Jury
at 9:30 a.m. on Wednesday, May 22, 1996.
Dated this _________ day of ____________________, 1996.
_____________________________________
JOHN M. ROLL
United States District Judge
Petition for OSC re: Grand Jury Testimony:
Page 6 of 6
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In Re Grand Jury Subpoena