Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state zip code exempt 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 ) SUPPLEMENT TO PETITION _______________________________) FOR ORDER TO SHOW CAUSE 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 supplement the Company's Petition for Order to Show Cause. Counsel hereby petitions this honorable Court for an additional Order to the office of the United States Attorney to show cause why Mr. Miskell should not also be charged with perjury and contempt of court in the instant matter. On April 18, 1996, Mr. Robert L. Miskell filed with this honorable Court a SUPPLEMENT TO APPLICATION FOR ORDER TO SHOW CAUSE in which he made the following two statements: 1. "In the application for order to show cause, the undersigned [Mr. Miskell] stated that he had not received any communication explaining New Life Health Center Company's failure to appear for [sic] the grand jury on March 27, 1996." 2. "On April 18, 1996, the undersigned [Mr. Miskell] received the attached communication, which was postmarked March 21, 1996 and addressed to the Grand Jury Foreperson at the U.S. District Court." Supplement to Petition for OSC: Page 1 of 5 The "attached communication" to which paragraph 2 refers was the Company's PRIVILEGED COMMUNICATION dated March 20, 1996, which was addressed to the Grand Jury Foreperson In re: New Life Health Center Company, and sent via Registered United States Mail, registered serial number #R-591-643-753, Return Receipt and Restricted Delivery both requested. Mr. Miskell has openly admitted, on the record, that said PRIVILEGED COMMUNICATION was postmarked March 21, 1996 (see paragraph 2 quoted above). This admission is consistent with the other documentary evidence filed by the Company in the instant case. Even though Restricted Delivery services were requested, the Return Receipt was delivered to the Company showing a Date of Delivery of "3-22-96", but it had no signature. After delivery of this Return Receipt to the Company, two separate requests were made of the U.S. Post Office to trace the fate of the Company's PRIVILEGED COMMUNICATION. The first tracer, a REQUEST FOR RETURN RECEIPT (AFTER MAILING), PS Form 3811-A, was posted on April 2, 1996, and delivered on April 5, 1996; it showed a Date of Delivery of "3- 25-96". The second tracer, also a PS Form 3811-A, was posted on April 17, 1996, and delivered on April 18, 1996; it showed no Date of Delivery but stated the following in the spaces provided: "no record found but cleared reg. rm 3/28". Supplement to Petition for OSC: Page 2 of 5 On April 18, 1996, the same day on which the second tracer was delivered to the Company, Mr. Miskell signed his SUPPLEMENT TO APPLICATION FOR ORDER TO SHOW CAUSE and mailed it with a cover letter on the same date. See EXHIBIT "A" attached hereto and incorporated fully by reference. Using the tracer PS Forms 3811-A as a basis, the Company's PRIVILEGED COMMUNICATION was delivered no later than March 28, 1996. Mr. Miskell's original APPLICATION FOR ORDER TO SHOW CAUSE was submitted on April 10, 1996, almost two weeks after the last date by which the PRIVILEGED COMMUNICATION was reportedly delivered. However, this original APPLICATION contained the following false and misrepresentative statement: The undersigned [Mr. Miskell] did not receive any communication from New Life Health Center explaining the failure to appear or requesting a continuance of the appearance. On behalf of the Company, Counsel alleges that Mr. Miskell illegally intercepted the Company's PRIVILEGED COMMUNICATION when it was delivered no later than March 28, 1996 (probably March 22, 1996). He then did nothing about this PRIVILEGED COMMUNICATION until two separate postal inquiries were made to determine its fate, thus obstructing its delivery to the Grand Jury Foreperson. Then, when the second inquiry was made by the United States Postal Service, he appears to have made further false and misrepresentative statements to this Court, and transmitted them through U.S. Mail, in order to conceal the fact that he had previously intercepted Registered United States Mail, in violation of federal postal laws and regulations. Coming from an officer of this Court, such false and misrepresentative statements constitute perjury and contempt of court and further acts of mail fraud. Supplement to Petition for OSC: Page 3 of 5 PRAYER Wherefore, Counsel petitions this honorable Court, on behalf of the Company, for a supplemental order to the office of the United States Attorney to show cause why Mr. Miskell should not also be charged with perjury and contempt of court for signing his name to false and misrepresentative statements, for transmitting them through U.S. Mail, and for filing these statements in the official Court record of the instant case. Respectfully submitted on May 20, 1996. /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state All Rights Reserved without Prejudice Supplement to Petition for OSC: Page 4 of 5 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: SUPPLEMENT TO PETITION FOR ORDER TO SHOW CAUSE 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 Dated: May 20, 1996 /s/ Linda Burns ________________________________________ Linda H. Burns, Citizen of Arizona state All Rights Reserved without Prejudice Supplement to Petition for OSC: Page 5 of 5 # # #
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In Re Grand Jury Subpoena