The Jussie Smollett Hate Crime Hoax vs. A Real Hate Crime by San Jose City Officials and the Courts

 Post #69 - December 21, 2021 - By Fred Bates

The trial of ex-Empire actor Jussie Smollett concluded on December 9, 2021, with him being found guilty on multiple charges of lying and fraud related to the hate crime report he filed with the Chicago Police Department. Smollett alleged that he was attacked by two male Trump supporters wearing red MAGA caps. Smollett alleged that the attackers punched him in the face, placed a noose around his neck and yelled "this is MAGA country!" A Chicago Police investigation concluded that Smollett's claim of being attacked was a hoax staged by Smollett and two brothers from Nigeria, Abimbola and Olabingo Osundario. The apparent motivation for the hoax was Smollett's displeasure at how he was being treated by FOX, the channel where the Empire series aired. 

With the guilty verdict, Smollett will he held accountable for the hate crime hoax he staged with the Osundario brothers. Yet, a real hate crime against me by San Jose city officials and the U.S. District Court in San Jose and the Ninth Circuit Court of Appeals is being covered up by a hoax in the form of fraudulent litigation. In 2006, I filed a federal lawsuit against the City of San Jose and three police officials for discrimination based on my disability and race. The details of my case are discussed in several of my prior posts in this blog. As a matter of fact, the sole purpose of this blog is to expose this hoax. In response to my lawsuit, the City of San Jose filed a motion for summary judgment that was totally fabricated. U.S. District Judge Ronald M. Whyte granted the City's motion in July 2008, thereby, dismissing by lawsuit against the City and three police officials. 

Judge Whyte's ruling in favor of the City violated the Constitution and federal statutory laws; and his ruling was also facilitated by fraud on the court perpetrated by the City, my attorney, and the U.S. District Court. Since his ruling in July 2008, I have been on a relentless campaign to have Judge Whyte's bogus decision overturned. I have filed several motions for relief from judgment under Rule 60 of the Federal Rules of Civil Procedure (FRCP). All of my efforts have been to no avail because the Courts are engaged in a cover-up of this egregious scandal by dismissing my Rule 60 motions with summary dispositions. My latest effort to obtain relief from Judge Whyte's ruling on the City's summary judgment motion is an Independent Action in Equity. An Independent Action in Equity is a new complaint that is filed by a plaintiff for the purpose of overturning a judgment in a prior case. My independent action is currently being litigated. The Judge in this new case is Beth Labson Freeman. Just as in all of my prior legal actions to overturn Judge Whyte's bogus ruling on the City's motion for summary judgment, Judge Freeman entered her own bogus ruling dismissing my Independent Action in Equity by granting the City's motion to dismiss based on the law-of-the-case doctrine. Judge Freeman's ruling is clearly erroneous because the law-of-the-case doctrine does not apply outside of the confines of the same case. As noted above, an independent action in equity is a new case. The purpose of an independent action in equity is for a court to prevent a grave miscarriage of justice by vacating a judgment in a prior case that was procured through fraud on the court, or by some other nefarious reason. Judge Freeman's cowardice and bias will be addressed in a different post. I am currently appealing her bogus ruling in the Ninth Circuit Court of Appeals. However, the purpose of this post is to compare the apparent hate crime hoax of Smollett with the real hate crime perpetrated against me by the City of San Jose, the U.S. District Court and the Ninth Circuit Court of Appeals that's being covered up by the bogus legal actions and rulings by the City and courts. Now the comparison of the Smollett hate crime hoax and the real hate crime against me: 

As already mentioned, Jussie Smollett alleged that he was attacked physically by two male Trump supporters because of his race and sexual orientation. Smollett is black and he is Gay. Smollett received a lot of sympathy from several politicians and media personalities immediately after he went public with his claim, even before there was an investigation. One media personality went so far as to call the alleged attack a modern-day lynching.  A Chicago Police investigation concluded that the alleged attack was a hoax staged by Smollett and the Osundario brothers. Smollett was charged with several crimes related to making a false police report. The Osundario brothers apparently made a plea deal, agreeing to testify against Smollett. Smollett was found guilty on five counts of disorderly conduct for making false reports that he was a victim of a hate crime.

In contrast to the Smollett case, the real modern-day or high-tech lynching hate crime that I am the victim of was perpetrated by several San Jose city officials that include former mayor Chuck Reed, and current mayor Sam Liccardo. Following my medical disability retirement from the City's police force, three police administrators, Chief of Police Rob Davis, Deputy Chief of Police Adonna Amoroso, and Captain Tuck Younis refused to issue me a CCW (carrying a concealed weapon) permit as is required by law. The refusal of these officials to issue me a CCW permit was done out of spite and for the purpose of causing me emotional pain and suffering because of my disability and race. I'm black/African American. The denial of my CCW permit had absolutely no legitimate reason whatsoever. It was based on revenge that was motivated by hatred and racism. Unlike the Jussie Smollett case, the hoax is not the false allegation of a hate crime. The hoax is the cover-up of a real hate crime. Jussie Smollett is being held accountable for his actions, whereas San Jose city officials and the courts have avoided accountability by engaging in fraud during the litigation of my discrimination lawsuit, totally undermining the judicial process. Unlike the Smollett case that got an overwhelming amount of national media coverage, even though it was an apparent hoax, my efforts at exposing this real hate crime against me by numerous contacts with the media has resulted in no coverage. 

The take-away from the Smollett case and my case is this. If you are a black celebrity and make an alleged false report of being the victim of a hate crime, it will get a lot of media coverage. However, you will likely be prosecuted to the full extent of the law for political reasons. But if you are just an average black person that is not a celebrity like me, and a real victim of a hate crime by government officials, there will be no media coverage, and no one will be held accountable for political reasons as well. You see, it not about justice and accountability. It's also not about hate-crimes based on race and sexual orientation being reprehensible. It's all about celebrity and a big news story. The Chicago Police Department is angry because it wasted a lot of resources investigating the Smollett case that they are now saying was a hoax. But it was their poor judgment that is the problem. They expended a vast number of resources simply because Smollett was a celebrity and there was a lot of media coverage. Many of the resources wasted on the Smollett investigation should have been utilized on the large number of unsolved murders in Chicago.  

Boy Am I Glad I Didn't Vote

 Post #67 - Monday, January 11, 2021

When I look at the Chaos that occurred at the Capitol this past Wednesday (January 6, 2021), I say boy am I glad I didn't vote in this past presidential election. You see the last time I voted in any election was the 2000 presidential election. If you think I'm just now taking this position because of the horrifying and embarrassing spectacle that went on in Washington, DC on Wednesday, just take a look at my posts on October 24, 2016 and November 4, 2018. In my post on October 24, 2016 I lay out my case for not voting in the 2016 presidential election. I stated that I believed both Hillary Clinton and Donald Trump had serious character flaws. I stated that I would not be voting in any other elections in the foreseeable future because I believe public corruption has deprived government of its legitimacy. In my post on November 4, 2018, on the eve of the 2018 midterm elections, I also stated my case for not voting. I mentioned my futile attempts to get both Republican and Democrats to address a racist and criminal violation of my rights by San Jose city officials and the federal courts. But again my primary reason for not voting was that there would be no change in this country because we would continue to have corruption at every level of government. I also stated that our elected officials in Congress will continue to provide inadequate oversight of our federal bureaucracies and federal courts. This will cause democracy to be an illusion and not a reality. Just as I stated in my post regarding the 2016 presidential election, I did not vote in the 2018 midterms because public corruption has deprived government of its legitimacy.

Again, corruption was the primary reason I didn't vote in the 2020 presidential election just as it was the reason I didn't vote in 2016 and 2018. Never have there been a more open display of corruption than there was by Democrats and the mainstream media in 2020. You had the phony impeachment, the spectacle surrounding George Floyd's death that appears to be the result of an overdose on fentanyl. And of course there is the Democrats' irrational response to COVID - 19, with the senseless accusation that Trump was responsible all of the deaths resulting from that virus. Let us not forget the Democrats, the media and Big Tech hiding the Hunter Biden story in order to influence the outcome of the election. 

Now back to that horrific spectacle in Washington, DC. There is no excuse for the violent thugs breaking into the Capitol. They should all be arrested and punished. That should also be the case in the other riots that have plagued our nation during 2020 and now 2021. But the media and Democrats have a different tune when the rioting is coming from their supporters. It was predictable that many in the media, the Democratic Party, and even Republicans were going to blame Trump. I'm reluctant to blame Trump totally for the violence that occurred without specific evidence he ordered it. Yet, it was poor judgment to tell a jacked up crowd of his supporters to march over to the Capitol. However, in a time like this I expected a better response from our nation's leaders, particularly our former Presidents. Instead of pleading for calm until things were under control, they all began to pile on Trump, just as they always do. If it were not for the failures of their administrations, Trump would never have been elected in the first place. Their responses just as the responses from Democrats, the media, and many Republicans were based on hatred for Trump and his supporters.

Now there is a push for impeachment by Pelosi, Democrats, and some Republicans. They all claim that the violence at the Capitol was an attack on democracy; and that because Trump incited the violence, he should be impeached. They are using the same phony argument that they are protecting democracy that they used during the first impeachment. Democrats, the media, and Big Tech have no regard for democracy. They condemned Trump supporters for expressing their support of Trump, and they attempted to suppress their absolute right to vote for Trump. This is far more of an attack on democracy than some out of control thugs vandalizing and entering the Capitol Building for a photo-op. The impeachment efforts of Democrats will do more harm than good, just as the first one. It seems totally irrational being that Trump has only nine more days in office, and he has promised that there would be a smooth transition of power. It will only further divide the country and pour salt in the wounds of Trump supporters. 

Again, I didn't vote and I'm proud of it. I refuse to give credibility to an illegitimate government by voting; one that refuses to respect the basic rights of its citizens, among them freedom of speech and the all important absolute right to vote for the candidate of their choice. My reason for not voting has been and will continue to be the same. Our government has no legitimacy because of public corruption. The election of Joe Biden will only embolden corrupt government officials and nothing will change. Democracy is an illusion.