This transcript is from a hearing that was required by Defendants Motion to Object to the Court Record.  The reason for this objection was the fact three hours of audiotape of the trial turned up missing and the Defendant/Appellant had the right to dispute the record Lane and Judge Ruddick were trying to submit without the three hours of testimony of the trial. 

COUNTY COURT, ARAPAHOE COUNTY, STATE OF COLORADO CASE NO. 00 C 4042                               DIVISION B-2

TRANSCRIPT OF PROCEEDINGS May 29, 2003

THE DAM EAST HOMEOWNERS ASSOCIATION Plaintiff,

vs.

CARLA M. BURNESON

Defendant.

THIS MATTER came on for Hearing, May 29, 2003 before the HONORABLE STEPHEN R. RUDDICK, County Court Judge. The following is a transcript of the entire hearing.

 

APPEARANCES

 

 

FOR THE PLAINTIFF               MR. LANE

 

 

FOR THE DEFENDANT               PRO SE


 

1

1                         May 29, 2003

2          (Whereupon, with parties present, the following proceeding was

3      held)

4          THE COURT:    We're on tape number two for Arapahoe County

5      Court Division B two for May twenty ninth two thousand and three.

 

6      And we're here for objection to transcripts on the matter of the

7      Dam East Homeowner Association versus Carla Burneson. Will both

8      sides please make their appearances known for the record?

9          MR. LANE:     My name is Jeffrey Lane. L-A-N-E. Registration

10     number one one three five six appearing on behalf of the plaintiff

11     Dam East Homeowner Association and we're ready to proceed.

12         THE COURT:    Ma'am?

13         MS. BURNESON: Carla Burneson defendant. One two six four one

14     East Bates Circle, Aurora, Colorado eight zero zero one four.

15         THE COURT:    Thank you folks.

16         MR. LANE:     Judge at this point before we begin I'd ask the

17     Court to order Mr. Burneson to be seated in the gallery rather

18            than at counsel table.  Lane didn’t want Carla Burneson to have any help from her husband Jim Burneson so he insisted he remove himself from the defendants table. Lawyers can have paralegals and a secretary to help them in court but a Pro Se is denied any assistance from anyone for fear a second party could be helpful to the Pro Se Defendant. This will be an important issue for the Federal Court.  When the law industry is gong to screw the peasants they have to have the advantage of denying any one who could help a Pro Se Defendant.

19            THE COURT:          All right you'll need to do that sir, please 

20            thank you. Well folks um my staff informed me today that the

21     clerk of court's assistant (inaudible) as we speak supposedly

22     working on the transcripts of the tape that they didn't transcribe

23     earlier and I um in fact I've got your objection Ms. Burneson to

24     the transcript, I agree they weren't completed they didn't have

25             the right tapes so (inaudible) I actually listened to the many

                                                                                                                        End of Page 2

 

Lane knew about the supposed finding of the tapes in March of this year by ex parte communication with Judge Ruddick.  What really happened is these two lawyers got together and decided they can’t keep the three hours of missing audiotapes lost because of the motions to object to the trial record and after 5 months of hiding them they would claim at this hearing that the missing tapes were found.

 

1      tapes that have not been transcribed. (inaudible) available to

2      transcribe (inaudible) your objection to the inadequacy of them.

3      So it (inaudible) need to keep in contact with the clerk of court

4               downstairs and find out when they are and how much they will be.

5      All right the process (inaudible) goes again. We will again

6      notice the transcripts that have been made available without the

7      same ten day time objection. But there's really nothing further

8      that we can do today. And I  What all this means is Judge Ruddick after 5 months has found the three hours of audiotapes he had intentionally misplaced since this portions had his lies about his staff catching Jim Burneson listening to the court proceedings through the court office door. Ruddick wants to close the case quick so no one can question how the tapes were found.  Lane knew about the tapes being found months before this hearing. Its called ex parte communication between Lane and Judge Ruddick.

9          MS. BURNESON: Ah Your Honor

10         THE COURT:     appreciate it very much. Do you, any questions

11     from either side? That's all I can tell you because I won't I

12     haven't even seen the new transcripts of course for the rest of

13     the tapes. Mr. Lane did you Ave anything else sir?

14         MR. LANE:      Ah just two things Judge. Number one is that

15     um the defendant handed me this morning or this afternoon an aff,

16     her affidavit, and apparently there were some other affidavits

17     filed with the Court that

18         THE COURT:      Uh

19         MR. LANE:      I got portions of them faxed to my office late

20     yesterday afternoon.

21         THE COURT:      Well I don't need to be bothered with those

22     because I have only jurisdiction over the transcripts here and I'm

23     not going to accept affidavits about

24          MR. LANE:     That's what I was going

25        THE COURT:  Things that are available on the record.                                                  Page 3

1          MR. LANE:      I was going to ask the Court to strike those

 

2      affidavits. They also contain matters that are scandalous,

3      scurrilous, untrue um libelous and we'd ask that those, those ah

4      affidavits be struck

5          THE COURT:     I don't even know

6          MR. LANE:      from the record.

7          THE COURT:     what, what affidavits we would be talking

8      about. It doesn't make much sense.

9          MR. LANE:      There's an affidavit of Mr. Johnson, Mr.

10     Burenson, Mrs. Burneson, someone named Matt Hutchinson and someone

11     named, named Devon Burneson.  Judge Ruddick and Lane have set up a deal to get rid of affidavits pertaining to the lost tapes.

12         THE COURT:     Well I don't have any jurisdiction over any of

13     that. This is just simply whether transcripts are complete or not

14     and they are not.

15         MR. LANE:      And the other matter I would ask Judge is that,

16     that the appellant rules provide for a date certain after the um

17     filing of the notice of the appeal for the record to be um, ah

18     submitted to the district court. We're obviously past that. I

19     don't think the Court has ever, Court has ever ordered an

20     extension. But I think it would be appropriate for the court to

21     set an extension with respect to a date certain that the

22     transcripts be sent to the district court in of a fact for some

23     reason the transcriber can't do it then that can be extended. But

24     there should be a deadline to make sure the defendants pay for the

25        transcripts and they're diligent in getting the transcripts to the                                    page 4

1      district court. So we'd ask the Court to set a date certain for

2      the ah transmittal of the record to the appellant court which is

3      district court.  This is after Lane submitted a motion to the appeallant Judge Rafferty to deny Carla Burneson her right to file an appeal because she had not submitted the court record to the appellant court within 40 days after judgement had been rended.  But of course he knew the record could not be sent since it was found to be missing 3 hours of audiotape.  Judge Rafferty did issue an Order to deny Carla Burneson her right to filing an appeal under the fraud on the court by Lane not telling the Judge about the motion by the defendant to dispute the court record.  Now Lane having been caught with his written lies in his motion is asking the court to extend the time for filing the court record and in doing so to prevent the defendant from filing more questions of where the Judge hid the tapes.  Judge Rafferty had to vacant his Order to deny Carla’s appeal in an Order that went all the way around the barn to hide Lane’s fraud on the court by his lying in his motions to Rafferty.

4          THE COURT:     All right, ma'am did you have anything else?

5          MS. BURNESON: Yes sir. I would like those affidavits at least

6      aired into the records for today because ah I guess my question is

7      we asked for the missing tapes back in December when we noticed

8      they were missing. I believe that they

9          THE COURT:     Oh you're going to do that royal we stuff again

10     ma'am.  Ruddick tries to rattle Carla by stopping her from using the word “WE” calling it a term only Kings and Queens use.

11         MS. BURNESON: Ah sir, okay I asked for them.

12         THE COURT:     Thank you ma'am.

13         MS. BURNESON: Thank you. And they were they called your

14     office to ever look for them I think on two to three occasions.

15     And I would like to know where those tapes have been that they

16     were not provided with the rest of the tapes.

17         THE COURT:     Ma'am they were right, well Mr. Hazard can you

18     answer the question about where the tapes were?

19         MR. HAZARD:    Um they were in the basement with the tapes.

20     Why they weren't pulled from the clerks office when the rest were

21      transcribed in the first place we don't know.   This is the same staff member who claimed I was listening to the court through the court office door.

22         THE COURT:     All right thank you

23         MS. BURNESON: Then after

24         THE COURT:     that's the answer.  Court doesn’t want any more questions and wants to close this hearing and move on.

25         MS. BURNESON: Oh well, how come, I guess it was answered but


 

5

1      the person down there even called up to this office asking where

2      they were. Do, am I now

 

3          THE COURT:     Well ma'am I don't know. And you just got the

4      answer from the only gentleman that's got an answer for you.

5      Thank you.

6          MS. BURNESON: And we'll be able to get a copy of this

7      transcript also?

8          THE COURT:     If you want it I can order that or you can ask

9      that as well sure. Sure do you want that?

10         MS. BURNESON: Yes I would like that also.

11         THE COURT:     Sure.

12         MS. BURNESON: And so we go downstairs and ask for the missing

13     transcript for that time also?

14         THE COURT:     Well, I don't know if you heard what I just

15     started out saying. I said that my staff told me that the clerk

16     of the court downstairs was preparing the transcripts even as we

17     speak. They didn't have them ready. They were hoping to have it

18     ready but they don't. The missing transcript was known to Jeffrey Lane in March of this year.  So here we are May and both tort twisters one in a robe tells the pro se defendant “we found the tapes but didn’t have time to have them transcribed in time for this hearing. 

19         MS. BURNESON: So they have been asked for? We don't have to

20     request, we do not have to go to the transcriber?

21         THE COURT:     Well maybe you want to request to be on the

22     safe side ma'am. I've already ordered it but

23         MS. BURNESON: How many tapes

24         THE COURT:     I ordered tape four of four of twelve eighteen

25     and tape four of four twelve nineteen be specifically ordered.


 

7

1      Yes you do have to pay them but those were the tapes that were

2      missing.

3          MS. BURNESON: Okay would you please

4          THE COURT:     If you want to do it you may do it as well

5      ma'am.

6          MS. BURNESON: Okay would you please tell me those numbers

7      again?

8          THE COURT:     Tape four of four of twelve eighteen.

9          MS. BURNESON: I'm sorry, slow I can't

10         THE COURT:     Four of four

11         MS. BURNESON: four of, we had four of four

12         THE COURT:     four of four

13         MS. BURNESON: We had four of four.

14         THE COURT:     And four of four. Well no they didn't ma'am.

15         MS. BURNESON: We had

16         THE COURT:     and tape four of four of twelve nineteen be

17     made available. And I've already ordered that but if you want to

18     order it you may.

19         MS. BURNESON: So twelve

20         THE COURT:     Any other, anything else is fine.

21         MS. BURNESON: Okay so twelve of

22         THE COURT:    And then for today's proceedings you'll want to

23     have that.

24         MS. BURNESON: Okay but twelve nineteen there were four tapes

25     of that day or it was the fourth one of four tapes for the whole


 

7

1      trial?

2          THE COURT:     Tape four of four.

3          MS. BURNESON: Four of four.

4          THE COURT:     That's what I've ordered ma'am.

5          MS. BURNESON: Okay, were there a, how many tapes were total

6      for our trial?

7          THE COURT:     Ma'am I ordered tape four of four for those two

8      days. That's what I ordered.

9          MS. BURNESON: So how many tapes were total for our trial?

10     Were there four

11         THE COURT:     I don't know ma'am. I told you what I

12         MS. BURNESON: Mr. Hazard do you know

13         THE COURT:     Okay?

14         MS. BURNESON: if it's four of four

15         THE COURT:     No I he doesn't either we don't have the tapes

16     here.

17         MS. BURNESON: Because I had, I have the

18         THE COURT:     Ma'am I've said what I've ordered. Please.

19     We'll just leave it at that.

20         MS. BURNESON: Well when we're missing a tape and something

21     isn't recorded and we asked for a transcript three months ago and

22     we do not get the tape from it I really wonder where

23         THE COURT:    Well again you're just saying we but it's okay.

24         MS. BURNESON: that tape would it be? Where that tape would be

25             sir?


 

8

1          THE COURT:     Well I know where all the tapes are

2          MS. BURNESON: It's take four months to get there.

3.         THE COURT:     Ma'am you know if you have a complaint about

4      the clerk of the court, make it with them. I've provided what is  

5      available and I've ordered that wasn't available, that wasn't made

6      available and should have been is made available.  Now it’s the Clerk of the court who is at fault for the loss of three hours of audiotapes.  If the defendant didn’t get copies of the audiotape of this trial we would never have known three hours were missing. At no time did Judge Ruddick ask for an investigation over his hiding the tapes under Jeffrey Lane’s instructions. 

7          MS. BURNESON: Thank you. I'll get

8          THE COURT:     That's all I can do.

9          MS. BURNESON: I'll get an affidavit from the person

10     downstairs.

11         THE COURT:     And then I guess we do need opt have that

12     transcript prepared because if I don't the district court could

13     deny it just because of the amount of time it's been sitting there

14     without a transcript. They might not understand Text Box: 9 otherwise. Well This is where Judge Ruddick tries to not get a transcript completed of the missing tapes.  Nice try but Carla Burneson wants and will get a copy of the missing tapes.

15     since I heard the tape or supposedly making the tapes available,

16     let us order that it be ah done by that this is May twenty ninth,

17     then by June urn twenty seven.

18         MR. LANE:      Is that twenty second or twenty seven?

19         THE COURT:     Twenty seventh. So ma'am that's one thing you

20     probably need to check with the clerk downstairs that the

21     transcripts need to be prepared by June twenty seventh. You

22     probably need opt discuss payment with her for the extra matters

23     that you want. Including today's proceedings if you want to pay

24     for that as well.

25        MS. BURNESON: And then we will have a another hearing after

                                                                                                 

                                                                                                                                   

 

1.         that or is that just going to appeal?

2          THE COURT:     Oh I don't know.

3    MS. BURNESON: When will the appeal, when do we have our twenty

4      days?

5         THE COURT:     You've already got all that ma'am. This is

6 only the issue of the transcript being prepared.

7              MS. BURNESON: But I know, but then after this we have twenty

8      days to file an appeal. We have filed, we filed notice of appeal.

9         UNIDENTIFIED: Brief

10        THE COURT:     Well good.

11            MS. BURNESON: So when

12        THE COURT:     Ma'am I have no jurisdiction. I can give you

13     no legal advice on appeal. I have no jurisdiction except to do

14     one thing, certify the record. That's all I can do.

15             MS. BURNESON: So okay, so

16        THE COURT:     Thank you.

17                   MS. BURNESON: so the appeals court will be notified that we

18                   did not get a complete transcript?

19        THE COURT:     I can't give you legal advice. Thank you. And

20     thank you both.

21        MS. BURNESON: (inaudible)  Text Box: 10 CERTIFICATE

 

 

 

I certify that I transcribed this record from that

tape recording of the above-entitled matter which was heard on May 29, 2003.

 

I further certify that the aforementioned transcript

is a complete and accurate transcript of the proceedings based upon the audio facilities of these tapes and my ability to understand them.

 

Inaudibles are due to microphones not working properly, excessive noises or muffled voices.

 

Signed this 26th day of June 2003, in Keansburg, Colorado.

SHERRIE O'BRIEN

 

No transcripts should be transcribed by the clerk of the court where the Judge has control over her actions as Judge Ruddick can effect Sherrie O’Brien future employment. 

 

Further scandal is the following Order issued by Chief Judge Leopold against the sale of any audiotapes of trials or disks or any electric recording of trials in his 18th District.  This order stands until Chief Judge Mullarkey reverses this Order. Nothing has been done to reverse this order.  In other state the audiotapes are public record and the public can’t be denied. The peasants of Colorado aren’t treated that fairly.

The request for copies of audiotapes does not cost the court system any increase since the buyer pays all cost to an outside company to make the tapes no court personnel are involved. The transcription of a trial is the work product of the transcriber again no one of the court staff involved.  The transcriber can sell the transcript on paper, tape or recorded on a floppy with out Judge Leopold’s permission or approval.  This permission is not required of Chief Judge Mullarkey.  We would never have found the three hours missing from this trial without the copy of the audiotapes.  The public are short changed if they can’t compare a transcript with the audiotape.  Judge Ruddick and Jeffrey Lane could have caused all kinds of mischief with the transcripts of this trial if we didn’t have the audio and they knew we had it.  THAT’S WHY THEY TRIED TO LOSE THE TAPES AND SEE IF WE CAN GET AWAY WITH IT. That’s how crooked judges and lawyers well be knowing they are immune to any actions for their misdeeds against the public.

 

THE PUBLIC MUST HAVE THE RIGHT TO RECALL JUDGES BY A VOTE OF THE PUBLIC TO BRING AN OUT OF CONTROL CLAIM TO A JUSTICE SYSTEM THAT WORKS TO PROTECT THE LEGAL INDUSTRY OVER THE PUBLIC THEY ARE SUPPOST TO BE SERVING.