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.
