Sept 9, 2009: Affidavit Of Charles Chuang Insupport Of Theplaintiff's Foj &denydefendant'smottodismiss 9-9-2009
This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA
Overview
Download & View Sept 9, 2009: Affidavit Of Charles Chuang Insupport Of Theplaintiff's Foj &denydefendant'smottodismiss 9-9-2009 as PDF for free.
More details
- Words: 2,113
- Pages: 7
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Kay Kim, Plaintiff,
) ) v. ) ) Cause No. 1:09-cv-0829-DFH-JMS George F. Parker, M.D., IU Psychiatrist & ) as an Officer capacity power given by the State,) Special Judge Judith S. Proffitt, ) Indiana University, employer of Dr. G. F. Parker,) Defendants. ) AFFIDAVIT OF CHARLES CHUANG IN SUPPORT OF PLAINTIFF’S MOTION FOR THE FINANL ORDER OF JUDGMENT AND DENY DEFENDANTS’ MOTION TO DISMISS 9-9-2009 1
I am Charles Chuang and sworn under the penalty of perjury the affidavit below.
2
I have lived with Kay Kim since 1996. Kay Kim has lost her knee many years ago. She is handicapped and need a walking stick or wheel chair to move around. She has never been violent or convicted of any criminal offence. I understand her very well and am absolutely sure she does not have psychosis.
3
There are more than 200 families living in my condominium community. We have been staying there for more than 10 years and apart from the few neighbors who are against her the other people do not have any problems with her.
4
In 2000 she was alleged to have threatened Chris Meloy over the phone. While in custody the Honorable Judge Baker ordered a psychiatric observation to be done. The Psychiatrist concluded that she shows no evidence of psychosis.
5
In 2005 the Police arrested her for trespassing on her common property. She was sent to the psychiatric ward for observation. All the psychiatric reports state that she is normal and does not exhibit any signs of insanity. She filed a federal lawsuit against the accusers
Page 1 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
and police but the civil suit was dismissed even the criminal case of interest is still pending in the Indiana Criminal Court. 6
In 2006 she was arrested and charged with trespassing in the Marion County and City Building. A few days before the arrest Kay and I were thrown out of the city and county building while she was filing court papers in the Indiana Superior Civil Court. In the initial pretrial hearing the Honorable Judge wasbelittling her for representing herself. He claimed that she does not know the rules and procedures of the court. She then requested for a change of Judge. The Honorable Judge claimed that she is crazy and choose not to randomly assign a new Judge for her. Instead he illegally assigned her case to Judge Collins who handles all the mental cases.
7
In 2007 the Police arrested her again for trespassing on her common property but subsequently changed the charges to disorderly conduct. She was sent to the psychiatric ward for observation and blood and urine test for substance abuse. The hospital report states that she is normal and tested negative for substance abuse.
8
In spite of the numerous previous immediate detention and jail’s psychologists and psychiatrists reports on record and her ability to conduct her defense in courtJudge Collins ordered Dr. Parker and Dr. Olive to advice if she can represent herself. Dr. Parker concluded with medical certainty that she is able to understand and represent herself. Judge Collins relieved herself and assigned a new Judge to her cases.
9
The new Judge asked her to be evaluated by Dr. Parker the second time. Judge Collins discussed her case with Dr. Parker while he was in court on other unrelated business. On the second evaluation Dr. Parker changed his evaluation and concluded with medical certainty that she is unable to represent herself.
Page 2 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
10 During the competency hearing Dr. Parker and Dr. Olive provided their views but she
was able to question them because she was representing herself . The Court did not rule that she cannot represent herself. All her cases has been stayed for a few months and subsequently a magistrate judge concluded that she can represent herself and proceed to continue the trial. 11 After a week the magistrate judge suddenly reversed his initial order. All her cases were
postponed and she was told to wait for further instructions from the Court. While researching for another case she accidently learned that the Indiana Supreme Court has appointed a special Judge from Hamilton County to oversee her cases. 12 In 2007the Honorable Judge Proffitt illegally asked a private attorney to tell her to check
into Winona Women Hospital for inpatient treatment. She told the attorney that she will not comply unless the Judge issues a court order to compel her to go. 13 She did not hear from the court for three years. The statue of limitation for all her
misdemeanor cases has run out. In 2008 the Police arrested her for resisting arrest and allegedly causing bodily injury. Suddenly all her previous cases became alive and attached to the new case. No judge in Marion County wanted to take her case. Judge Proffitt also asked to be excused. 14 The Indiana Supreme Court ordered Special Judge Proffitt to trial the last case. In the
pretrial hearing she asked the Judge to rule on her request for evidence. The Prosecutor claimed that the statue of limitations has not run out because all delay has been charged to her account. The Judge decided to take on the second case out of any logical chronologicalorder. She was annoyed and wanted the Judge to rule on the statue of limitation on the first three cases. The Judge allowed to voice her complaints and at no time try to stop her. At the end of the session she ordered the prosecutor to file a motion Page 3 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
to test her competency. The Prosecutor, the Public Defenders and Judge Collins then went into the Judge Chambers to plan for the action to be taken. 15 Judge Proffitt then issued an order for her to be evaluated by Dr. Parker and Dr.
Callaway. In her order she did not ask for an evaluation but told the Doctors unambiguously that she is incompetent to stand trial and asked for their advice of the possibility of treatment to return her normalcy. 16 Dr Callaway and Dr. Parker gave identical evaluations concluding that she is incapable of
representing herself and is incapable of assisting counsel. Dr. Callaway recommended that since there is no cure for her state of mind she should not be put in an impatient facility. Dr. Callaway also violated her doctor and patient confidentiality when she shared her documents and comments with Dr. Parker. Even though she did not agree with Dr. Callaway’s evaluation she did not take any legal actions against her because her evaluation would be superseded by Dr. Parker. Dr. Parker came up with an identical evaluation but added a recommendation that if the court concurred she should be put in an inpatient facility even though there is no cure because she is a threat to the community. Dr. Parker does not have any evidence to the threat and he is asking the Judge for permission to put her in an inpatient facility. If Dr. Parker is worth his salt, he is required by law to put her in a mental facility immediately if he really believes his recommendations. Dr. Parker maliciously added the inpatient treatment when there is no cure without any evidence. Dr. Parker knows and understands the ramifications of his recommendations and has intentionally committed medical malpractice. How many times Dr. Parker has committed innocent people to inpatient facilities before? 17 The Judge then decided to strip her of her rights to self representations without a
competency hearing. If the Judge has her way she will not be allowed to defend herself Page 4 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
and have to abide by any rulings the Public Defender, the Prosecutors and Judge agreed on. I am no rocket scientist but I can see the writings on the wall because once admitted to an impatient facility and there is no cure by Indiana Law she will be remain in the facility permanently.The Judge intended to proceed with the competency hearing even though she has filed a motion for injunctive relief. 18 I wonder how Dr. Parker and Dr. Callaway can come to the same conclusions. In my
simple mind a crazy person will be committing the offences many times a month and thousand of times in the five years span. Why was Dr. Parker allowed to make three similarevaluations on her? Don’t she deserve a second and third opinion from different doctors? I believe the Indiana Law on competency is to protect the insane who is incapable of understanding their actions and punishments if proven guilty. This law should not be used by any Judge to prevent anyone from due process and a fair trial. If the prosecutor has any evidence in any of the four cases why the delay in proceeding with the trials. Why is the State spending so much resources and money when the offences in the four cases are so minor? Why is the Indiana Supreme Court appointing a special Judge for these cases? 19 The Indiana University claimed immunity from prosecution because it is a state institution. If a state institution knowingly allows a felon or a person of immoral character to head one of its department and refuse to do anything about the situation then the state institution should not be protected and be equally responsible for the criminal and illegal activities of all its employees. 20 Dr. Parker claimed immunity from prosecution because he is appointed by the court.
Dr.Parker is protected by law so long as his evaluation is fair and consistent with standard acceptable in psychiatric practice. When Dr. Parker willfully and maliciously gave an Page 5 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
evaluations without any evidence to appease the court to take away a person rights to self representations he is not immune for his careless evaluation and can be sued for medical malpractice. 21 The honorable Judge Proffitt refused to dismiss the three previous cases with expired
status of limitations. She also obstructed justice by not allowing a person to get evidences for the last case. She collaborated with the prosecutor and public defendant to strip a person the right to self representation. She gave Dr. Parker the format of the evaluation she desired before the person was sent for evaluation. Since the honorable judge has violated the rules of the court on so many occasions she can no longer claims immunity from prosecution. 22 English is Kay Kim’s second Language and many people misunderstood and
misconstrued her arguments. Although Kay Kim does not have any law background she is conversant with the Rules and Procedures of the Court and do her own research of cases in the law library. I affirm that Kay Kim is capable of representing herself in her trials and be accorded the due process under the law. It is unconstitutional to deprive Kay Kim’s rights to self representation.
I affirm under the penalty for perjury that the representations contained in this affidavit are true to the best of my information and belief.
Respectfully submitted, Dated: September 09, 2009 By Charles Chuang Phone# (317) 641-5977 Address: 4250 Village Pkwy Cir E unit 2, Indianapolis, IN 46254 Page 6 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing to the counsels were either mailed by first class U.S. Mail, postage prepaid or hand delivered no later than September 12, 2009. ____________________ Kay Kim, Pro Se-Plaintiff 4250 Village Pkwy c e apt. 2 Indpls., IN 46254, Ph# 317-641-5977 e-mail: [email protected] n/a: Robert G. Weddle & Elizabeth A. Schuerman (Attornies for G.F.Parker, M.D.) TABBERT HAHN EARNEST & WEDDLE, LLP One Indiana Square, suite 1900 Indianapolis, IN 46204-2032 telephone: 317-639-5444 facsimile: 317-639-5232 em: [email protected], [email protected] n/a: David J. Mallon, Jr. & Jennifer M. Johnson (Attornies for Indiana University) ICE MILLER LLP One American Square, Suite 3100 & 2900 Indianapolis, IN 46282-0200 t317-236-2100 em: [email protected] Corinne Gilchrist Deputy Attorney General Office of the Indiana Attorney General Indiana Government Center South, 5th Floor 302 W. Washington Street Indianapolis, IN 46204-2770 tel: 317-234-2237 fax: 317-232-7979 em: [email protected] ____________________ Kay Kim, Pro Se-Plaintiff
Page 7 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
) ) v. ) ) Cause No. 1:09-cv-0829-DFH-JMS George F. Parker, M.D., IU Psychiatrist & ) as an Officer capacity power given by the State,) Special Judge Judith S. Proffitt, ) Indiana University, employer of Dr. G. F. Parker,) Defendants. ) AFFIDAVIT OF CHARLES CHUANG IN SUPPORT OF PLAINTIFF’S MOTION FOR THE FINANL ORDER OF JUDGMENT AND DENY DEFENDANTS’ MOTION TO DISMISS 9-9-2009 1
I am Charles Chuang and sworn under the penalty of perjury the affidavit below.
2
I have lived with Kay Kim since 1996. Kay Kim has lost her knee many years ago. She is handicapped and need a walking stick or wheel chair to move around. She has never been violent or convicted of any criminal offence. I understand her very well and am absolutely sure she does not have psychosis.
3
There are more than 200 families living in my condominium community. We have been staying there for more than 10 years and apart from the few neighbors who are against her the other people do not have any problems with her.
4
In 2000 she was alleged to have threatened Chris Meloy over the phone. While in custody the Honorable Judge Baker ordered a psychiatric observation to be done. The Psychiatrist concluded that she shows no evidence of psychosis.
5
In 2005 the Police arrested her for trespassing on her common property. She was sent to the psychiatric ward for observation. All the psychiatric reports state that she is normal and does not exhibit any signs of insanity. She filed a federal lawsuit against the accusers
Page 1 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
and police but the civil suit was dismissed even the criminal case of interest is still pending in the Indiana Criminal Court. 6
In 2006 she was arrested and charged with trespassing in the Marion County and City Building. A few days before the arrest Kay and I were thrown out of the city and county building while she was filing court papers in the Indiana Superior Civil Court. In the initial pretrial hearing the Honorable Judge wasbelittling her for representing herself. He claimed that she does not know the rules and procedures of the court. She then requested for a change of Judge. The Honorable Judge claimed that she is crazy and choose not to randomly assign a new Judge for her. Instead he illegally assigned her case to Judge Collins who handles all the mental cases.
7
In 2007 the Police arrested her again for trespassing on her common property but subsequently changed the charges to disorderly conduct. She was sent to the psychiatric ward for observation and blood and urine test for substance abuse. The hospital report states that she is normal and tested negative for substance abuse.
8
In spite of the numerous previous immediate detention and jail’s psychologists and psychiatrists reports on record and her ability to conduct her defense in courtJudge Collins ordered Dr. Parker and Dr. Olive to advice if she can represent herself. Dr. Parker concluded with medical certainty that she is able to understand and represent herself. Judge Collins relieved herself and assigned a new Judge to her cases.
9
The new Judge asked her to be evaluated by Dr. Parker the second time. Judge Collins discussed her case with Dr. Parker while he was in court on other unrelated business. On the second evaluation Dr. Parker changed his evaluation and concluded with medical certainty that she is unable to represent herself.
Page 2 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
10 During the competency hearing Dr. Parker and Dr. Olive provided their views but she
was able to question them because she was representing herself . The Court did not rule that she cannot represent herself. All her cases has been stayed for a few months and subsequently a magistrate judge concluded that she can represent herself and proceed to continue the trial. 11 After a week the magistrate judge suddenly reversed his initial order. All her cases were
postponed and she was told to wait for further instructions from the Court. While researching for another case she accidently learned that the Indiana Supreme Court has appointed a special Judge from Hamilton County to oversee her cases. 12 In 2007the Honorable Judge Proffitt illegally asked a private attorney to tell her to check
into Winona Women Hospital for inpatient treatment. She told the attorney that she will not comply unless the Judge issues a court order to compel her to go. 13 She did not hear from the court for three years. The statue of limitation for all her
misdemeanor cases has run out. In 2008 the Police arrested her for resisting arrest and allegedly causing bodily injury. Suddenly all her previous cases became alive and attached to the new case. No judge in Marion County wanted to take her case. Judge Proffitt also asked to be excused. 14 The Indiana Supreme Court ordered Special Judge Proffitt to trial the last case. In the
pretrial hearing she asked the Judge to rule on her request for evidence. The Prosecutor claimed that the statue of limitations has not run out because all delay has been charged to her account. The Judge decided to take on the second case out of any logical chronologicalorder. She was annoyed and wanted the Judge to rule on the statue of limitation on the first three cases. The Judge allowed to voice her complaints and at no time try to stop her. At the end of the session she ordered the prosecutor to file a motion Page 3 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
to test her competency. The Prosecutor, the Public Defenders and Judge Collins then went into the Judge Chambers to plan for the action to be taken. 15 Judge Proffitt then issued an order for her to be evaluated by Dr. Parker and Dr.
Callaway. In her order she did not ask for an evaluation but told the Doctors unambiguously that she is incompetent to stand trial and asked for their advice of the possibility of treatment to return her normalcy. 16 Dr Callaway and Dr. Parker gave identical evaluations concluding that she is incapable of
representing herself and is incapable of assisting counsel. Dr. Callaway recommended that since there is no cure for her state of mind she should not be put in an impatient facility. Dr. Callaway also violated her doctor and patient confidentiality when she shared her documents and comments with Dr. Parker. Even though she did not agree with Dr. Callaway’s evaluation she did not take any legal actions against her because her evaluation would be superseded by Dr. Parker. Dr. Parker came up with an identical evaluation but added a recommendation that if the court concurred she should be put in an inpatient facility even though there is no cure because she is a threat to the community. Dr. Parker does not have any evidence to the threat and he is asking the Judge for permission to put her in an inpatient facility. If Dr. Parker is worth his salt, he is required by law to put her in a mental facility immediately if he really believes his recommendations. Dr. Parker maliciously added the inpatient treatment when there is no cure without any evidence. Dr. Parker knows and understands the ramifications of his recommendations and has intentionally committed medical malpractice. How many times Dr. Parker has committed innocent people to inpatient facilities before? 17 The Judge then decided to strip her of her rights to self representations without a
competency hearing. If the Judge has her way she will not be allowed to defend herself Page 4 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
and have to abide by any rulings the Public Defender, the Prosecutors and Judge agreed on. I am no rocket scientist but I can see the writings on the wall because once admitted to an impatient facility and there is no cure by Indiana Law she will be remain in the facility permanently.The Judge intended to proceed with the competency hearing even though she has filed a motion for injunctive relief. 18 I wonder how Dr. Parker and Dr. Callaway can come to the same conclusions. In my
simple mind a crazy person will be committing the offences many times a month and thousand of times in the five years span. Why was Dr. Parker allowed to make three similarevaluations on her? Don’t she deserve a second and third opinion from different doctors? I believe the Indiana Law on competency is to protect the insane who is incapable of understanding their actions and punishments if proven guilty. This law should not be used by any Judge to prevent anyone from due process and a fair trial. If the prosecutor has any evidence in any of the four cases why the delay in proceeding with the trials. Why is the State spending so much resources and money when the offences in the four cases are so minor? Why is the Indiana Supreme Court appointing a special Judge for these cases? 19 The Indiana University claimed immunity from prosecution because it is a state institution. If a state institution knowingly allows a felon or a person of immoral character to head one of its department and refuse to do anything about the situation then the state institution should not be protected and be equally responsible for the criminal and illegal activities of all its employees. 20 Dr. Parker claimed immunity from prosecution because he is appointed by the court.
Dr.Parker is protected by law so long as his evaluation is fair and consistent with standard acceptable in psychiatric practice. When Dr. Parker willfully and maliciously gave an Page 5 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
evaluations without any evidence to appease the court to take away a person rights to self representations he is not immune for his careless evaluation and can be sued for medical malpractice. 21 The honorable Judge Proffitt refused to dismiss the three previous cases with expired
status of limitations. She also obstructed justice by not allowing a person to get evidences for the last case. She collaborated with the prosecutor and public defendant to strip a person the right to self representation. She gave Dr. Parker the format of the evaluation she desired before the person was sent for evaluation. Since the honorable judge has violated the rules of the court on so many occasions she can no longer claims immunity from prosecution. 22 English is Kay Kim’s second Language and many people misunderstood and
misconstrued her arguments. Although Kay Kim does not have any law background she is conversant with the Rules and Procedures of the Court and do her own research of cases in the law library. I affirm that Kay Kim is capable of representing herself in her trials and be accorded the due process under the law. It is unconstitutional to deprive Kay Kim’s rights to self representation.
I affirm under the penalty for perjury that the representations contained in this affidavit are true to the best of my information and belief.
Respectfully submitted, Dated: September 09, 2009 By Charles Chuang Phone# (317) 641-5977 Address: 4250 Village Pkwy Cir E unit 2, Indianapolis, IN 46254 Page 6 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing to the counsels were either mailed by first class U.S. Mail, postage prepaid or hand delivered no later than September 12, 2009. ____________________ Kay Kim, Pro Se-Plaintiff 4250 Village Pkwy c e apt. 2 Indpls., IN 46254, Ph# 317-641-5977 e-mail: [email protected] n/a: Robert G. Weddle & Elizabeth A. Schuerman (Attornies for G.F.Parker, M.D.) TABBERT HAHN EARNEST & WEDDLE, LLP One Indiana Square, suite 1900 Indianapolis, IN 46204-2032 telephone: 317-639-5444 facsimile: 317-639-5232 em: [email protected], [email protected] n/a: David J. Mallon, Jr. & Jennifer M. Johnson (Attornies for Indiana University) ICE MILLER LLP One American Square, Suite 3100 & 2900 Indianapolis, IN 46282-0200 t317-236-2100 em: [email protected] Corinne Gilchrist Deputy Attorney General Office of the Indiana Attorney General Indiana Government Center South, 5th Floor 302 W. Washington Street Indianapolis, IN 46204-2770 tel: 317-234-2237 fax: 317-232-7979 em: [email protected] ____________________ Kay Kim, Pro Se-Plaintiff
Page 7 of 7 FED2 AFFIDAVIT of Charles Chuang 02 iSupp ofPlantiff MotForFOJ & DenyDefMOTtoDISMISSoDismiss 09SEP2009Fnl1
Related Documents
Affidavit Of Loss Of Receipt.docx
April 2020 13
Affidavit Of Loss.docx
April 2020 0More Documents from "Larry Letmaku Lastimado"
