c/o 2509 N. Campbell, #1776
Tucson [zip code exempt]
September 13, 1996
Mr. Thomas H. Basham
Supervisory Senior Resident Agent
Federal Bureau of Investigation
U.S. Department of Justice
201 East Indianola
Phoenix, Arizona 85012/tdc
Subject: Criminal Misconduct by John M. Roll,
United States District Court, Tucson
Dear Mr. Basham:
Thank you very much for your letter to Me, dated September
9, 1996, concerning alleged criminal misconduct by a Federal
District Court Judge in Tucson, Arizona.
In your letter, you stated that My letter to the FBI does
not contain sufficient detail to determine whether a criminal
investigation is warranted. You also requested that I submit, to
the Tucson office of the FBI, further documentation of the
alleged misconduct, to include names, dates, and any other facts
that may be pertinent. To this end, enclosed please find all the
pertinent materials currently in My possession and control.
The thread of evidence you should follow concerns the events
which occurred immediately after a federal grand jury subpoena
was first served on New Life Health Center Company in Tucson,
Arizona state ("New Life"). Pay particular attention to the fate
of all the U.S. Mail which We transmitted directly to the grand
jury Foreperson in response to their subpoena.
I was retained by New Life at that time to answer the
subpoena (see enclosed PRIVILEGED COMMUNICATION, dated March 20,
1996) and to assist New Life with their civil defense. This
PRIVILEGED COMMUNICATION was mailed to the Grand Jury Foreperson
via Registered U.S. Mail, return receipt and restricted delivery
both requested. The enclosed evidence will show that this
PRIVILEGED COMMUNICATION was illegally intercepted by John M.
Roll, who handed it to Robert L. Miskell in the office of the
United States Attorney in Tucson.
After investigating on Our own, and with the able assistance
of the Postmaster, We decided to prepare and mail a FORMAL
REQUEST FOR INVESTIGATION to the same federal grand jury. This
request was mailed to the Foreperson on April 28, 1996 (see
enclosed). This FORMAL REQUEST was also intercepted by John M.
Roll, who also handed it to Robert L. Miskell. We have reason to
believe that the federal grand jury never saw this FORMAL REQUEST
At a subsequent hearing on the matter, John M. Roll
admitted, on the official court record, that he had intercepted
this FORMAL REQUEST. He also said that he had not opened it, but
that he had given it to Robert L. Miskell. At that same hearing,
Robert L. Miskell admitted, on record, that he had received this
FORMAL REQUEST from John M. Roll, and that the mail in question
simply contained a formal request that the federal grand jury
investigate possible violations of federal law by Robert L.
Miskell. We inferred from Miskell's comments that he had,
indeed, opened this mail, because he was correct about its
At this point, We felt it was necessary to place the
Foreperson of the federal grand jury on the Proof of Service list
for all subsequent pleadings which We planned to file in that
case. All together, some twenty-five (25) different pleadings
were then filed under My signature, or under signatures of Mine
and Dr. Eugene A. Burns. Some of these pleadings are affidavits.
All pleadings currently in My possession and control are
enclosed, for your review.
Counting all 25 pleadings, the PRIVILEGED COMMUNICATION
(26), and the FORMAL REQUEST FOR INVESTIGATION (27), none of
which were ever delivered to the federal grand jury Foreperson to
whom they were mailed, We count 27 counts of mail fraud, 27
counts of jury tampering, 27 counts of obstruction of justice,
and 27 counts of conspiracy to commit all of the above, committed
by a conspiracy of persons including, but not limited to, John M.
Roll, Janet Napolitano, Robert L. Miskell, and Evangelina
Cardenas. Other likely accessories to these crimes include
Robert A. Johnson, Robert H. Weare, and William M. McCool.
At another hearing on the matter, John M. Roll complained
that he had some 14 inches of pleadings to read in this case.
But then, he immediately called a recess, and huddled for quite
some time with his staff, both inside and outside the courtroom.
When he came back into session, John M. Roll qualified his
earlier statement by saying that he really had only 6 or 7 inches
of pleadings in this case, but that he guaranteed, if We had
filed them, he had read them. This statement was witnessed by Me
and by My assistant Counsel, Neil Thomas Nordbrock, who is also a
federal witness to perjury of oath by Robert L. Miskell in
another case. Neil Nordbrock and I took his qualification to
mean that John M. Roll had, in fact, intercepted all 25 pleadings
which We had mailed to the grand jury Foreperson. You can
measure their thickness yourself.
I hope this response to your letter is satisfactory. If you
should need any additional information, permit Me to recommend
that you first contact Dr. Eugene A. Burns, Managing Director of
New Life Health Center Company, 4500 East Speedway, Suite 27,
Tucson, Arizona state. As of the moment I vacated the premises
at New Life, Dr. Burns was in possession and control of all the
documentary exhibits which were attached to the enclosed
pleadings. These documentary exhibits include, for example, the
Postmaster's response to our FOIA request for a certified copy of
the Standing Delivery Order (USPS Form 3801) signed by the
federal grand jury Foreperson in the New Life case. This
response stated that there was no such document in existence,
proving that the Foreperson had never authorized anyone else to
accept or sign for U.S. Mail addressed to him/her.
Thank you very much for your consideration.
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state and federal witness, hereby verify, under penalty of
perjury, under the laws of the United States of America, without
the "United States," that the above statements of fact are true,
correct, complete, and not misleading, to the best of My current
information, knowledge, and belief, so help Me God, pursuant to
28 U.S.C. 1746(1).
Further Affiant sayeth naught.
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
attachments: to FBI, Tucson
copy: Bruce J. Gebhardt
Special Agent in Charge
copy: Thomas H. Basham
Supervisory Senior Resident Agent
c/o Federal Bureau of Investigation
1 South Church Avenue, Suite 600
Tucson, Arizona state 85701/tdc
U.S. Post Office
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28 U.S.C. 372(c) Complaint