Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Vice President,
New Life Health Center Company
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
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) NOTICE OF REFUSAL FOR CAUSE:
) FORMAL OFFER OF PROOF; and
) DEMAND FOR RECUSAL
) FRCP Rules 9(b); 12(b)(1),(2);
) 28 U.S.C. 1746(1); Rule 201(d),
) Federal Rules of Evidence;
) Petition Clause; Supremacy
) Clause; Universal Declaration
) of Human Rights; International
) Covenant on Civil and Political
) Rights, enacted with explicit
) Reservations; 28 U.S.C. 372(c);
_______________________________) F.R.Evid., Rule 201(d)
COMES NOW Paul Andrew, Mitchell, Sui Juris, Citizen of Arizona
state (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 provide formal Notice to all interested party(s)
of this: (1) NOTICE OF REFUSAL FOR CAUSE, submitted on behalf of
both Counsel and the Company, of the alleged ORDER of United
States District Judge John M. Roll, issued in the instant case on
November 22, 1996; (2) FORMAL OFFER OF PROOF; and (3) DEMAND
FOR RECUSAL.
Notice of Refusal for Cause/Offer of Proof/Demand to Recuse:
Page 1 of 5
Pursuant to the provisions of 28 U.S.C. 372(c), and the
local rules promulgated under it, Counsel has now filed a formal
COMPLAINT OF JUDICIAL MISCONDUCT against John M. Roll, for
criminal misconduct which is hereby documented by means of
affidavits, all other pleadings, and all exhibits previously
filed in the instant case, in the related Emergency Motion to the
Ninth Circuit, and in correspondence to the Federal Bureau of
Investigation ("FBI"). The latter correspondence to the FBI is
attached hereto and incorporated by reference, as if set forth
fully herein. The COMPLAINT OF JUDICIAL MISCONDUCT is likewise
attached and incorporated by reference, as if set forth fully
herein.
Counsel submits that conclusive material evidence of mail
fraud (28 counts), jury tampering (28 counts), obstruction of
justice (28 counts), and conspiracy to commit all of the above
(28 counts), as well as other crimes not specified here, together
constitute sufficient probable cause to recuse John M. Roll
permanently from this case, and all related cases. Formal demand
for the recusal of John M. Roll is hereby made of him, and Notice
of same is hereby served on all interested party(s).
Counsel also wishes to address the matter of His standing
before this honorable Court. Counsel presumes that He was
appointed to the office of Vice President for Legal Affairs by
lawful action of the Company's Trustee, Sheryl Smith, which
action was formally recognized by this honorable Court. Counsel
was entitled to presume, on the basis of said appointment, that
the authorization of Sheryl Smith, Trustee, was also required to
terminate Counsel from said office.
Notice of Refusal for Cause/Offer of Proof/Demand to Recuse:
Page 2 of 5
Counsel has reviewed the Company's trust indenture and
hereby informs this honorable Court that He was unable to
discover any authorization, provided therein, for the General
Manager to appoint and/or terminate other officers of the
Company. Authority for appointing and/or terminating Company
officers resides solely in the Trustee(s).
Counsel hereby offers to prove that He was never lawfully
terminated from His office as Vice President for Legal Affairs of
the Company, and for this reason He still enjoys standing before
this honorable Court, which standing was judicially recognized by
United States District Judge John M. Roll at the second hearing
in the instant case. See Reporter's Transcript of second hearing
(not yet prepared).
In support of this OFFER OF PROOF, Counsel attaches His
NOTICE OF DEFAULT as hand-delivered to Dr. Eugene A. Burns, dated
August 12, 1996, which is incorporated here by reference, as if
set forth fully herein. Counsel is prepared to supplement this
FORMAL OFFER OF PROOF, at the discretion of this honorable Court.
REMEDY REQUESTED
Counsel, on behalf of the Company, hereby demands mandatory
judicial notice, pursuant to Rule 201(d) of the Federal Rules of
Evidence, of this NOTICE OF REFUSAL FOR CAUSE and of the attached
documents, which are incorporated by reference, as if set forth
fully herein, and provided to substantiate Counsel's OFFER TO
PROVE that Counsel was never lawfully terminated from the office
of Vice President for Legal Affairs of the Company, and that
Counsel was lawfully appointed to said office in the first
instance. FORMAL DEMAND FOR RECUSAL of John M. Roll is also made.
Notice of Refusal for Cause/Offer of Proof/Demand to Recuse:
Page 3 of 5
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state,
federal witness, Counselor at Law, and Vice President for Legal
Affairs of New Life Health Center Company, 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 and correct, according to the best of My current
information, knowledge, and belief, so help Me God, pursuant to
28 U.S.C. 1746(1).
Executed on December 17, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Vice President for Legal Affairs,
New Life Health Center Company, Tucson, Arizona state
All Rights Reserved without prejudice
Notice of Refusal for Cause/Offer of Proof/Demand to Recuse:
Page 4 of 5
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., 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, and
that I personally served the following document(s):
NOTICE OF REFUSAL FOR CAUSE;
FORMAL OFFER OF PROOF; DEMAND FOR RECUSAL:
[list of authorities here]
by placing said document(s) with exhibits in first class United
States Mail, with postage prepaid and properly addressed to the
following individuals:
ROBERT L. MISKELL [sic] John M. Roll [sic]
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO [sic] Clerk of Court
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 [sic]
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: December 17, 1996 Eugene A. Burns
New Life Health Center Company
4500 East Speedway, Suite 27
Tucson, Arizona state
/s/ Paul Andrew Mitchell
_________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Vice President for Legal Affairs,
New Life Health Center Company, Tucson, Arizona state
All Rights Reserved without Prejudice
Notice of Refusal for Cause/Offer of Proof/Demand to Recuse:
Page 5 of 5
# # #
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In Re Grand Jury Subpoena