Here’s Rod’s Rebuttal Motion to the Gov’s 404(b) Motion Against Rod…
It has officially hit the Court so we can release it publicly !
The Gov now has until 4.22.14 to respond to it !
If you read it carefully the Gov, hopefully, can’t rebut it. Then we’ll
see what judge Kessler’s next move is !Link to: 4.11.14_Motion_Of_Objection_To_Gov_404(b)_Motion
>> The Gov’s Motion to Use Rule 404(b) Against Rod:
As I feared, Rodney focuses on procedural matters in which he tries to argue his position that the government has failed to answer. However, the Judge allowed the Government to oppose the myriad of ‘motions’ filed by Class and did so in a timely fashion.
It was established on March 7 during the MotionHearing that the Federal Rules of Criminal Procedure, the Federal Rules of Evidence and the Local Rules of this court are to be obeyed by the government.
Duh, perhaps that is news to Rodney but that is how the court has always worked.
The Prosecutor/government also did not oppose any statement made by this living man with a soul and whereas Title 28, section 2255 states if the Constitution or laws of the united States are violated the Court has no choice but to vacate and dismiss the action.
Failure to state a claim. Rodney cannot just claim that the Constitution or laws of the US have been violated. And the government did oppose many of the statements made. 28 USC 2255 is also irrelevant because it addresses habeas corpus after a conviction.
And, whereas the Prosecutor/government is aware that legislated or decided (by the Supreme Court) Rights (the Miranda Warning, which precludes every other government argument) are required to be read to you first and NOT after the fact of a 3 to 4 hour questioning period, the government cannot assume you waived your rights when you were forced to sign a statement to that effect after the fact.
The Miranda warning only affects statements made by Class while he was held under arrest. It is unlikely that the prosecution is going to allow any statements he made during that period of time.
Whereas the government Prosecutor was given his opportunity to rebut all motions and all foundations of the motions filed in by this living man, rodney-dale; class, on March 7, 2014 and that the Prosecutor has declined to do so as he could not rebut the “facts” as they were based on the Constitution, the federal statutes, and based on Supreme Court decisions.
Nothing much that resembles facts were presented by Class and the Prosecutor objected to most of them. The Court waived the memorandum of law because the issues are so non-sensical. See document 51 for example, filed on 04/04/2014.
Finally Rod gets to rule 404 but presents no argument or presents case law that addresses the prosecutors Rule 4040 motion.
And, whereas Rule 404 under section (b) prohibits the use of evidence of a crime or wrong or other acts is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with that character. See Rule 404.
As to service
And, whereas the government is in violation of proper “service” and notification, pursuant to Rule 49, and all filings have to go to the defendant in a timely manner, the Prosecution’s recent motions, also, should be stricken for improper service and failure to follow procedures.
Service was effected through ECF and since Class had failed to provide the court with an address, something the Court ordered Class to correct, he cannot complain about lack of mail service.(See Document 52) Furthermore, Rodney has a lawyer who is the one that should be notified, per court rules.
Rule 49 explains
(b) How Made. Service must be made in the manner provided for a civil action. When these rules or a court order requires or permits service on a party represented by an attorney, service must be made on the attorney instead of the party, unless the court orders otherwise.