Kenneth Wayne Leaming Continues to File Documents in Felony Criminal Case

The case docket for the recent Criminal case against Kenneth Wayne Leaming shows us a few new additions, most of which are not worthy of discussion. Below is part of an ORDER issued relative to an Appeal of Judge Leighton not recusing himself from the case, despite repeated attempts from Leaming.

This ORDER comes from Marsha J. Pechman, United States Chief District Judge:

Before this Court is Defendant Leaming’s motion for recusal (Dkt. No. 199) and Judge Leighton’s order declining to recuse himself. Dkt. No. 202. The motion has been transferred to this Court for review in accordance with Local Rule GR 8(c).
Upon consideration of the motion and all relevant documents in this matter, the Court affirms Judge Leighton and DENIES the motion to recuse.

The second ORDER from Judge Leighton is short and to the point:

Mr. Leaming’s recently-filed motions are frivolous and are DENIED.

I have added these two documents to the Files website.

 

Judge Leighton Issues Order On Leaming Filing

This Order was on the docket today, along with this:

03/20/2013 209 MEMORANDUM of Points of Authority by David Carroll Stephenson in support of 187 MOTION to Arrest/Vacate Judgment in Case No CR12-5039 as VOID (CMG) (Entered: 03/20/2013)

It looks like Leaming and Stephenson cannot take “NO” for an answer when it comes to filing Motions after Judge Leighton said he will not accept them.  Here is Judge Leighton’s ORDER:

No. 12-cr-5039-RBL
ORDER
(Dkt. #205)

Defendant’s Petition for Declaratory Judgment and Motion to Arrest/Vacate Judgment (Dkt. #205) is frivolous and DENIED for the reasons provided in previous orders addressing the same arguments.

The Appeals cases are still open without any recent activity.

 

Leaming Has Become A “Broke Record”, Files Same Motions Over And Over

Kenneth Wayne Leaming continues to file the same “Motions” over and over, continuing to quote the “ILO” and “UCC” as if they actually mean something.  The latest filings are:

  • PETITION for Declaratory Judgment and MOTION to Arrest/Vacate Judgment for lack of proof of jurisdiction
  • MOTION to Vacate/Dismiss all Counts for lack of evidence, jurisdiction, etc

In his classic style, Judge Leighton issued an ORDER denying the Motion to Vacate and said this:

Defendant has moved for acquittal on all counts (again), a motion that was denied only last week. (See Order, Dkt. #203.) Defendant presents the same frivolous arguments, which appear to be caused by his patent unwillingness to look at the evidence against him. He states, “the complaint, search and arrest ‘warrants,’ and indictment were based on perjury of John Anthony Davis, as admitted at trial,” specifically, “that the Recorded Documents [i.e., the liens] were FALSE and/or FICTITIOUS.” (Def.’s Mot. to Vacate at 1, Dkt. #206.) Further, Defendant argues that Agent Davis “testified that he could find no false or fictitious element to any of the documents . . . .” (Id.)

To the contrary, Agent Davis testified (as did all other witnesses) that Defendant filed liens for sums that he was not owed—$225 billion in one instance. Defendant explained that this was merely “an opening offer” in some sort of negotiation that he concocted. A lien, of course, is not an “offer” of any sort; it is a “legal right or interest that a creditor has in another’s property, lasting usually until a debt or duty that it secures is satisfied.” Black’s Law Dictionary (9th ed. 2009). The evidence showed that Defendant had no “legal right or interest” in any of the property he liened.

Defendant further argues that the indictment fails “to name the men, state of body, people seized and compelled to participate in the sham ‘trial’ and instated purported to accuse a vessel, corporation other artificial entity, or decedent of something . . . .” (Def.’s Mot. to Vacate at 2, Dkt. #206.) This allegation appears to arise from Defendant’s sovereign-citizen dogma, which includes a “redemptionist theory.” Other courts have addressed these theories:

[Redemptionist theory] propounds that a person has a split personality: a real person and a fictional person called the “strawman.” Redemptionists claim that government has power only over the strawman and not over the live person, who remains free, and thus, individuals can free themselves by filing UCC financing statements, thereby acquiring an interest in their strawman. . . . [T]he real person can demand that government officials pay enormous sums of money to use the strawman’s name or, in the case of prisoners, to keep him in custody. If government officials refuse, adherents of this scheme file liens against government officials. Adherents of this scheme also advocate that they copyright their names to justify filing liens against officials using their names in public records such as indictments or court papers.

Minister Truth Ali ex rel. Williams v. New Jersey, No. 12-2797-RBK, 2012 WL 4959488 (D.N.J. Oct. 17, 2012) (citation and internal alterations omitted). This theory is, of course, nonsense on its face. For Defendant’s benefit as this case proceeds to sentencing, the Court will make this clear: the U.S. Government has charged, and a jury has convicted, Mr. Leaming, the flesh-and-blood author of these motions, the man sitting in a cell at FDC Sea-Tac. There is no such thing as strawmen, and redemptionist theory is just internet make-believe. The Court does not say this to be harsh, but simply as an effort to shake Defendant into reality. His bizarre legal theories are wrong, and they have led to his conviction of serious crimes.

And with that, the Court will no longer entertain Defendant’s frivolous motions. That is the Ninth Circuit’s job now. Defendant’s Motion to Vacate (Dkt. #206) is DENIED.

It appears that Judge Leighton has finally had enough of Leaming’s meaningless Motions.  I wondered how long it would take, and judge Leighton was much more patient that predicted.  I feel sorry for the 9th Circuit Court of Appeals, where Leaming has about 6 Appeals open as we speak. The “legal theories” used in his Appeals is the same as the ones that got him convicted on 5 Felony Counts.

More Filings From Kenneth Wayne Leaming

It seems Kenneth Wayne Leaming has been keeping busy prior to his Sentencing Hearing by filing many more of his imaginative and internet based fantasy legal theories. Judge Leighton continues to exercise restrain in his responses to these filing, although he periodically does get in a jab or two in his comments. The latest filings from Leaning are:

  • DEMAND FOR Declaratory Judgment as to Adjudicative Facts
  • NOTICE to the Record of Bias and Notice of Duty to Recuse
  • MOTION for Acquittal by Kenneth Wayne Leaming
  • PETITION for Declaratory Judgment and MOTION to Arrest/Vacate Judgment
  • MOTION to Vacate/Dismiss all Counts for lack of evidence, jurisdiction, etc

Leaming is all about persistence, as his filings suggest; if only he was using established laws with which to argue his case, not some garbage he found on the internet.  But then, it wouldn’t be his notable and signature style.  Judge Leighton issued an ORDER on the Motion for Recusal as follows:

Defendant, recently convicted, has filed a “Notice to the Record and Notice of Duty to Recuse,” which the Court will treat as a motion to recuse. Under 28 U.S.C. § 144 and 28 U.S.C. § 455, recusal of a federal judge is appropriate if a reasonable person with knowledge of all the facts would conclude that the judge’s impartiality might reasonably be questioned. Yagman v. Republic Insurance, 987 F.2d 622, 626 (9th Cir. 1993). “In the absence of specific allegations of personal bias, prejudice, or interest, neither prior adverse rulings of a judge nor his participation in a related or prior proceeding is sufficient” to establish bias. Davis v. Fendler, 650 F.2d 1154, 1163 (9th Cir. 1981); see also Liteky v. United States, 510 U.S. 540, 555 (1994) (“judicial rulings alone almost never constitute valid basis for a bias or partiality motion.”).

Defendant has provided no grounds for recusal. He states only that he has filed a “Judicial Misconduct/Disability Complaint” against the undersigned with the Ninth Circuit and believes that the filing itself “EVIDENCES the prejudice and BIAS of Leighton, and Leighton is mandated to recuse himself for Bias and Prejudice.” A defendant’s filing of a document is not evidence of bias. The motion is DENIED and the Clerk is directed to REFER the motion to the Chief Judge.

Defendant has also filed a “Demand for Declaratory Judgment as to Adjudicative Facts.” Like many of Defendant’s previous filings, the document references “International Law Ordinances” from the internet and asks “[i]s there any FACT and LAW upon which the International Law Ordinance . . . is not binding on the above captioned tribunal and its officers?”  Yes. It is not a law passed by Congress and signed by the President. Defendant’s filing goes on to ask similar vague questions about the Universal Declaration of Human Rights, the Declaration of Independence, and the U.S. Constitution. The answers to his question are as follows: the Universal Declaration of Human Rights and the Declaration of Independence provide no binding law; the Constitution does. To the extent that this document is meant as a motion, it is DENIED.

Judge Leighton also issued an Order regarding Leaming’s Motion for Acquittal  (emphasis added):

Defendant has moved for acquittal on all counts, arguing that the jury lacked sufficient evidence to convict and that various unspecified arguments he presented at trial mandate acquittal.

Under Fed. Crim. R. P. 29, a defendant may move for judgment of acquittal within 14 days after a guilty verdict, and the court must acquit the defendant of “any offense for which the evidence is insufficient to sustain a conviction.” Fed. Crim. R. P. 29(a), (c). Defendant was convicted on three counts of retaliating against a federal official by filing a false claim (in this case, liens), one count of concealing a person from arrest (Dkt. #169), and one count of being a felon in possession of a firearm (Dkt. #183).

The evidence on all counts was overwhelming. First, Defendant admitted on the stand that he knowingly possessed the firearms in question because he wanted to challenge the law at the Supreme Court. (For Defendant’s benefit, the Supreme Court has upheld the law banning felons from possessing as recently as 2008. See District of Columbia v. Heller, 554 U.S. 570, 626 (2008) (“[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons . . . .”).)

Second, the evidence supporting his false-claims convictions was equally strong. Defendant admitted to filing liens against a group of federal officials for absurd sums, $225 billion in one case. The only link any of these officials had to each other was their participation in the prosecution of a Ponzi scheme on the east coast. The evidence demonstrated that Defendant was “helping,” as he put it, certain individuals who were aggrieved by the prosecution of the Ponzi scheme. On Count 3, phone calls between the co-defendants plainly established that Mr. Leaming believed the IRS was for some reason going to collect these absurd sums from two prison officials. The calls show that Mr. Leaming filed the liens in retaliation for the officials performing their duties, i.e., holding Mr. Stephenson.

Lastly, the evidence overwhelmingly supported Defendant’s conviction of concealing a person from arrest. The Government established that Defendant knew certain individuals were sought in relation to a postal-scam, that Defendant allowed them to stay in his home, helped them trade cars, and otherwise supported them.

For the reasons stated above, Defendant’s Motion for Judgment of Acquittal (Dkt. #203) is DENIED.

The Ponzi scheme mentions above is none other than ASD/AdCashGenerator, formerly run by the now 3 time convicted Felon named Thomas Anderson (Andy) Bowdoin, Jr.. The individuals targeting in both the False Liens and the $225 Billion dollar lawsuit are closely associated with ASD’s Civil and Criminal cases.  Leaming thought it prudent to go after them to correct some perceived wrongdoing, much like the “ASD Justice” group has unsuccessfully attempted to get the ASD cases overturned on the grounds of a defective and deficient Affidavit.

I have no doubt that Leaming will continue to file more frivolous wastes of paper and quoting more legal nonsense up to and after his sentencing in May.  He has a lot of time on his hands and a lot of notebook paper on which to do his hand written filings of puerile and superfluous prattle.  He may yet wear on Judge Leighton’s last nerve in the near future.

David Caroll Stephenson Files Documents Following Guilty Verdict

It’s one of those things that makes you go “Hmm”.  Had Stephenson not joined Kenneth Wayne Leaming in filing a false lien against a Federal Judge he would have been released from prison, following a Tax related conviction.  But, since he thought it such a good idea to join with Leaming, both of them now have additional Federal Felony convictions and are facing many years in Federal Prison.

As if he doesn’t have enough problems now, Stephenson thought it warranted to begin filing court related documents in response to being found Guilty on 1 Felony count.  Keep in mind that Stephenson’s attorney, Wayne C. Fricke, has filed a Motion to Withdraw as Attorney, but is still Stephenson’s Attorney on Record.  A Faretta Hearing  is scheduled for March 13th to see if Stephenson is capable of representing himself.  Proceeding Pro Se worked out so well for Leaming, I guess Stephenson wants to try it for himself.

So, he has followed down the “internet legal theory” path that Leaming utilized during the Criminal trial that ended up in Leaming getting 5 Felony convictions and filed the following:

  • PETITION for Declaratory Judgment/Determination and MOTION to Arrest/Vacate Judgment in case no. CR12-5039
  • REQUEST/DEMAND for Mandatory Judicial Notice In RE Denial of Effective Assistance of Counsel
  • REQUEST/DEMAND for Mandatory Judicial Notice formally challenging Federal Court’s Express, Implied and/or Presumed Claims of Constitutional Jurisdiction, Statutory Jurisdiction, Territorial Jurisdiction, Criminal Jurisdiction, Jurisdiction of the Parties, Jurisdiction of the Subject Matter
  • DECLARATION of David Carroll, Stephenson formally challenging Federal Court’s express, implied, and/or presumed claims of constitutional jurisdiction, statutory jurisdiction, territorial jurisdiction, criminal jurisdiction, jurisdiction of the parties, and jurisdiction of the subject matter and report and complaint of criminal misconduct of officers and employees of the federal Government of the United States
  • REQUEST/DEMAND for Mandatory Judicial Notice in RE: Bankruptcy and Foreclosure of the United States Federal Government, and Associated Organization
  • REQUEST/Demand for Mandatory Judicial Notice of UCC Document #2012096074, Declaration and Order

Quoting UCC and ILO doesn’t seem to work out so good for those who try making it more than fictional internet garbage.  Leaming, and now Stephenson,  tried using this same “DECLARATION AND ORDER” that appears on a website as having worldwide meaning.

Judge Leighton has issued an “Order Denying Stephenson’s PETITION for Declaratory Judgment/Determination and MOTION to Arrest/Vacate Judgment in case no. CR12-5039 as void & motion to dismiss case CR12-5039 for lack of proof of jurisdiction of the subject matter on the record of the court”.

In the Order Judge Leighton  stated, “Mr. Stephenson is represented by counsel unless or until the Court allows Mr. Fricke to withdraw. Because Mr. Stephenson is not authorized to file pleadings on his own behalf, the Court will relieve the Government from the responsibility and opportunity to respond.”

I have posted most of these filings on the Files Website.

Jury Verdicts In for Kenneth Wayne Leaming and David Carroll Stephenson

I checked the docket today and was glad to see the jury Verdicts posted.  As most of us thought, Leaming was found Guilty of:

  • 3 Counts of Retaliating Against a Federal Judge or Law Enforcement Officer by a False Claim
  • 1 Count of Concealing Person(s) From Arrest
  • 1 Count of Felon in Possession of Firearms

Stephenson was found Guilty of:

  • 1 Count of Retaliating Against a Federal Judge or Law Enforcement Officer by a False Claim

Sentencing for both Leaming and Stephenson is scheduled for May 24th. True to his nature, Leaming has filed an Appeal,  adding to the 5 or 6 open Appeals he already has in the 9th Circuit Court.

I have posted an updated Docket file on the Files website.

Kenneth Wayne Leaming Found Guilty Of False Liens on Federal Employees

KenyReports are coming out that Kenneth Wayne Leaming has been found Guilty of all 5 Felony charges and David Carroll Stephenson was found Guilty of filing false liens.

The case docket stops after the Minute Entry of ray 3 of the trial.  I hope the docket is updated over the weekend.  I will add things as I get them.

Updated Info from the Docket :

Minute Entry for proceedings held before Judge Ronald B. Leighton- CRD: Jean Boring; AUSA: Vincent Lombardi, Thomas Woods; Def Cnsl: Leaming (Phil Brennan – standby), Stephenson (Wayne Fricke); Court Reporter: Julaine Ryen; JURY TRIAL Day 2 as to Kenneth Wayne Leaming, David Carroll Stephenson held on 2/26/2013. Court denies and rejects, on the record, documents that were filed by Kenneth Wayne Leaming. Defendant Leamings’s proposed jury instruction is reserved; Govt Calls: John Davis resumes stand, Harley Lappin, BOP retired; Roy Dotson, Secret Service; Dennis R. Smith, BOP retired; Robin Carovano, PC Auditor Office; Stephanie Barrett, US Postal Inspector; Recess 4:30 Defendant(s) remanded to custody. (JAB) (Entered: 02/27/2013)

Minute Entry for proceedings held before Judge Ronald B. Leighton- CRD: Jean Boring; AUSA: Vincent Lombardi, Thomas Woods; Def Cnsl: Leaming (Phil Brennan standby); Stephenson (Wayne Fricke); Court Reporter: Julaine Ryen; JURY TRIAL Day 3 as to Kenneth Wayne Leaming, David Carroll Stephenson held on 2/27/2013. Goverment calls: Dustin Smith, FBI; Janice K. Bryson; Ryan Bruett, FBI; recalls John Davis; Govt rests; Stephenson renews motion to sever; Moves to Dismiss Ct 3 (Leaming joins); Leaming moves to dismiss remaining counts. All motions denied for the reasons orally stated; Dft Leaming Witness(es): Kenneth Wayne Leaming; 3:15 Deft Leaming rests, Deft Stephenson rests; Jury excused for the day; Objections, argument as to Court’s jury instructions presented; Leaming renews motion of acquittal – denied; Recess 4:00, Defendant(s) remanded to custody. (JAB) (Entered: 02/28/2013)

I will check back on Monday to see if they have posted Day 4 and 5, along with the disposition of the case and sentencing dates.

Kenneth Wayne Leaming Trial – Day 2 Minute Entry

I will be posting these as the trial progresses.  While they do give us a peak at what is happening in Courtroom B, I would certainly like a transcript, something that will come along months from now.  Here is the docket filing for Day 2:

Minute Entry for proceedings held before Judge Ronald B. Leighton- CRD: Jean Boring; AUSA: Vincent Lombardi, Thomas Woods; Def Cnsl: Leaming (Phil Brennan – standby), Stephenson (Wayne Fricke); Court Reporter: Julaine Ryen; JURY TRIAL Day 2 as to Kenneth Wayne Leaming, David Carroll Stephenson held on 2/26/2013. Court denies and rejects, on the record, documents that were filed by Kenneth Wayne Leaming. Defendant Leamings’s proposed jury instruction is reserved; Govt Calls: John Davis resumes stand, Harley Lappin, BOP retired; Roy Dotson, Secret Service; Dennis R. Smith, BOP retired; Robin Carovano, PC Auditor Office; Stephanie Barrett, US Postal Inspector; Recess 4:30 Defendant(s) remanded to custody. (JAB) (Entered: 02/27/2013)

I am not familiar with some of the names mentioned above, other than they have somehow aggrieved “Keny”, if only within his own mind and steadfast belief in internet legal theories.  I recognize one name, Roy Dotson of the US Secret Service.  He is the one who filed the Affidavit that secured a Seizure Warrant and began the ASD/Andy Bowdoin saga. Mr. Dotson is also the subject of the “ASD Justice” case and recently upheld appeals case in which they tried to get the entire Forfeiture case somehow overturned because the Affidavit was “flawed”.  Similar observations and assertions were made regarding the affidavit that began the Zeek Rewards case.

I didn’t see the documents that the Judge rejected on the docket this morning, perhaps they will show up in the next day or so.  If they follow the usual illogical content as previous filings,  I can understand why Judge Leighton rejected them.   But, the trial is young and there is much more to behold.

Kenneth Wayne Leaming Federal Retaliation Jury Trial Is Underway

Keny
Kenneth Wayne Leaming

 

Today marks Day 3 of the Federal Jury Trial of Kenneth Wayne Leaming, noted ASD figure and “sovereign” “State of Being” who was created “in the manner of live abortion”.  Yeah, I know, I just had to repeat that.  What the hell does that actually mean, anyway?  I agree with Judge Leighton, Leaming’s filings are unintelligible.

There are several new docket entries posted, one of which is a Minute Entry of the proceedings on the 25th.  I would have thought Leaming would contest every prospective Juror, or maybe he did and did not get very far.  I imagine Judge Leighton staring off into space periodically when Leaming is talking.

The Filings are as follows:

  • 154 –  Notice of the Record and Motion, re: Failure to Provide Exculpatory Evidence
  • 155 –   Minute Entry for proceedings held before Judge Ronald B. Leighton- CRD: Jean Boring; AUSA: Vincent Lombardi, Thomas Woods; Def Cnsl: Leaming (Phil Brennan standby); Stephenson (Wayne Fricke); Court Reporter: Julaine Ryen; JURY TRIAL Day 1 as to Kenneth Wayne Leaming, David Carroll Stephenson held on 2/25/2013. Jury empanelled. Court preliminarily instructs the jury; Opening statements presented; Govt calls John Davis, FBI; Recess 4:30 Defendant(s) remanded to custody. (JAB) (Entered: 02/26/2013)
  • 156 –   UNITED STATES MEMORANDUM   RE: COUNT 3 –  
  • 157  –  GOVERNMENT’S PROPOSED SECOND SET OF SUPPLEMENTAL FINAL JURY INSTRUCTIONS
  • 158  –  Notice Of Appeal of Declaratory Judgement (Doc 136) Notice to Stay Proceedings (9th Circuit)

As usual, I have uploaded these onto the Files website.  It is hard to get through the Leaming filings, but give it a shot.

 

Kenneth Wayne Leaming Trial Begins, Yet More Filings

Today marks the beginning of the Criminal Trail of Kenneth Wayne Leaming and David Carroll Stephenson who are charged with

  • Retaliating Against a Federal Judge or Law Enforcement Officer by False Claim
  • Concealing Person From Arrest 18:1071
  • Felon in Possession of a Firearm
  • False & Fictitious Instruments 18:514

The list of new filings are:

  • Order denying Leaming’s Motion to Reconsider Issuing Subpoenas
  • Notice of Associated Case –  Leaming’s lawsuit against President Obama, Eric Holder, et al.. filed on February 21, 2013 and signed as “extorted by duress and torture”
    • Attached is a 26 page copy of Leaming’s Complaint to the “International Court of Justice”
  • Declaration and Motion – re: Denial of Equal Protection Under the Law, Due Process of Law and Torture of Defense Counsel
  • Defense Jury Voir Dire Questions
  • Subpoena Request(s)/Witness List Supplemental
  • Re-Affirmation of Notice

I will not go into the rambling rationale on these filings, you may peruse them on the Files website. After reading through a few, I now have a headache.