Title
On my motion Without fictional or live person as a party of interest I was ORDERED by presiding judge David Gierlach on the bench to bring my daughters L.S; O.S. ; and I.S. TO the courthouse or $10,000 bail will be set.
Date
August 10, 2020
State or Country
Hawaii
County/City:
Honolulu, Hawaii
The Court the Case was filed in
First circuit court, Kapolei, Hawaii
Type of Case
Ex parte motion for “return of my child to hawaii”, custody visitation schedule on an existing AGREED judgement voluntarily signed after advice of seeking an attorney, out of wedlock IV-D case
Case Number
Original Case FC-P-16-1-6390. And pending case in the United States district court, district of Hawaii 1:19-cv-00452-LEK-KJM
Judges
Original case on August 21, 2017 was presiding judge David Gierlach ,on the bench,made an executive Decision ordering petitioner to bring the children to the courthouse within one hour or a $10,000 bail will be set. I have never been to jail in my lifetime.on the expedited order on a short form it states that I must surrender the children to the father or $10,000 bail will be set; father is allowed to move the children off the island to Arizona( AZ has never received notice of state transfer to state.
David Gierlach was presiding judge on the “trial” date Jan.8, 2018. The court calendar schedule was September 21,2017, that was never modified to my knowledge.
In the U.S. District Court for Hawaii is justice Kobayashi and Magistrate Mansfield
Plaintiff
JOSEPHINE GRACE LAPINA FROM COMMENCEMENT THROUGH CURRENT IN THE U.S. DISTRICT COURT
Defendant
THERE IS NO ACTUAL LEGAL DEFENDANTS FROM MY ORIGINAL CASE BECAUSE RESPONDENT MICHAEL J. SUTTON NEVER ANSWERED TO MY COMPLAINT, UNCONTESTED
STATE OF HAWAII WAS NEVER A PARTY WITH AN INTEREST FROM THE COMMENCEMENT THROUGHOUT THE DAY THE PRESIDING JUDGE ENDED ON JAN. 8, 2018. ROSECUTING ATTORNYS OFFICE , OFFICE OF THE ATTORNEY GENERAL OR ANY AUTHORITY OF PUBLIC INTEREST OR FOR THE WELFARE OF THE CHILDREN TO PETITION FOR THE SEIZURE OF MY CHILDREN IN THE COURT WITH JURISDICTION.
DEFENDANTS NOW IN MY CURRENT PENDING CASE FILIED IN U.S. DIST. COURT OF HAWAII : STATE OF HAWAII , ATTORNEY GENERAL SUSAN CONNORS, OFFICE OF THE ATTORNEY GENERAL ON BEHALF OF SHINTANI, AN INDIVIDUAL ; WATANBE, AN INDIVIDUAL ; DAVID GIERLACH , AN INDIVIDUAL ; HONOLULU POLICE DEPARTMENT, A PUBLIC ENTITY; HAWAII CHILD SUPPORT ENFORCEMENT AGENCY, A PUBLIC ENTITY; SCOT BROWER, AN INDIVIDUAL , EDWARD SMITH, AN INDIVIDUAL; JOHN DOES, ALL INCLUSIVE,
Others that affected your case
They are now currently conspiring to do harm, building a case against me to Cover their mistakes, HPD Professional STANDARDS Detective Richard Hō states to me he did not notarize the written statement and that they cannot investigate because time has passed under the “collective bargaining agreement”. I claimed kidnapping, no warrant, forgery of my signature, false reports I allegedly made. He states to me over the phone that if I have a complaint about that incident which happened at the court, that I need to make a complaint with the sheriff office and not HPD. Sheriffs office tells me the same thing as HPD. They are just pointing the finger at eachother and nothing else. ( i have audio recordings of these conversations ). I received a letter from HPD Prof. Standards telling me that they cannot investigate due to past one year under the “collective bargaining agreement”. I am not an employee and a felony of forgery, false police report, kidnapping has been commited. I have Arizona state without notice of the children in their state as required by safe parent plan act and Kentucky child support enforcement agency going by full Faith and credit (phone recorded conversations where shows fraud on hawaii child support. Hawaii CSEA Wayne Izumi confirms with me over the phone(recorded) that they dont have termination documents, there wont be a hearing. I have received a few letters from Hawaii CSEA informing me CP that if i want to close the case, sign here on the document and they will close the child support case and ask Arizona to do the same. Arizona agent tells me over the phone that what she sees on their end is Hawaii CSEA putting in a request for them to assist with parent locator and that Arizona is just waiting for hawaii to officially place that parent locator to start. So it seems as if HICSEA is doing their job of finding the non custodial who was arrears for over $7000 over 5 years. Yet it is odd and i cant figure out why would Hawaii CSEA not give his arizona resident address because Hawaii CSEA knows his address? Arizona CSEA agent tells me over the phone that one of my children is registered there in Arizona and I am not allowed any more information and that i need to contact my social worker( I dont have a social worker , I never did.
Comments
Audio recording of conversations with Debbie Via phone, On March 13 and 20th 2019 I first received a call from first circuit court hearing clerk, Debbie telling me that I need to come pick up a DVD and documments from Kentucky( these are official court instruments from Kentucky IV-D State). Debbie informs me that Gierlach did not receive or accapt them as evidence for her to mark as an exhibit. She then states that it was not received in proper form and so he excluded the Kentucky orders including the order to enforce his arrest and to retrieve my daughter. I recently received a yellow 6 by 8in. Envelope from the JUDICIARY first circuit court of which the contents feel like there is a DVD. I did not open the envelope. The march 20th call Debbie states to me something totally different from our last conversation where she was at the “alleged” trial Jan.8.2018 but now she states she saw my Name on a Post note and she is just trying to return it cause she assumes its mine and to pick it up at window 5 , she states there wont be any document showing what I am receiving from them, I did not pick them up, I am terrified to even look at the court building where my daughters were physically forced to MJSʻs vehicle by security guards while 2 other guards held me against my will. One guard placed his hand on my daughters month saying “Shut up”, as MJS leading them to the vehicle and then speeding off with my daughters leaving me lost, for dead, the security guards let me go and jsut left, this incident is not on any of the court documents and it was done when the court was closed for business Approximately around 5:30 through 6pm, just when the sun was going down. There was no law enforcement , cps, or any agency of the state with powers to act without a warrant, notice, etc. There was never a prosecutor petitioning to the court on behalf of cps, child welfare division, state of hawaii. The State did not have jurisdiction before, during, and after the presiding judge David Gierlach on the bench, August 21, 2017 orders me, the petitioner to bring the children to the courthouse within one hour or a $10,000 bail will be set. That was the end of the court session. Barbara shintani under color of law was on the witness stand as a court officer without the state as a party of interest requesting or ordering for a court appointed reccomendation from her. August 21, 2017 was on the court calendar for mediation regarding visitation schedule for “father” at the pre trial hearing May 2017 and written on a Judgement of paternity order and visitation schedule. Presiding judge on the bench for this pre trial hearing was Judge Kamaliʻi asking for my consent to have an interview with Barbara Shintani so in case the mediation did not work, I would not have to go through a long process and so that she will have a better understanding For visitation schedule on September 21,2017 (on the court calendar )and she can decide if needed on the same day instead of making another date to come back to court. She asked for my consent after the judge makes a statement directed to MJS, “ Mr. Sutton, you have been in my courtroom lor less than an hour and I find you very vexacious.” Looks at the court clerk and tells her to “make a note of that!” MJS replys back stating “wow, wow”
Contact Info
Right8etal@gmail.com
808-220-8113
I am in search for an advocate
I will lose this case with prima facie ultimate facts in my favor for summary judgment because I dont know the law and there is no attorney, law firm, legal aid, etc. That will take my case. I have requested representation from over 30 plus firm and lawyers. Jason Say, Esq. Told me over the phone that he does not think any attorney on this island will take my case because they would be black balled with their other cases going against David Gierlach, high criminal defense attorney who still practices and has not been receiving my notice to sue, who makes an Executive order without authority of the United States for termination my fundamental rights, due processs, equal protection under the U.S. Constitution as a beneficiary of the contract.
Judges Comments
The only comment D. Gierlach made on the bench was Directed to me on Jan. 8, 2018 where he advised me to plead the fifth amendment as I was walking to the witness stand. I said no, why would I do that. He then told my lawyer at the time, Scot Brower(S.B.) he defames me on his Yelp page when Michael J. Sutton posts lies as if I was a criminal, in a criminal case)
The other comment he made was “she wouldnʻt lie” after Jan Watanabe got on the witness stand without a prosecuting attorney for the state asking queastions, she states that I have a criminal history and that she can make a copy if the judge wants one.