Paul F. Weinbaum
11025 Black Hills Road
Las Cruces, NM 88011-9365
1 October 2009
Judge Robert C. Brack
Federal District Court of Las Cruces
United States Courthouse
200 East Griggs Street
Las Cruces, NM 88001
Subject: Your vacation
Dear Judge Brack:
I have been carefully reviewing the local newspapers for months now, looking for any notice that you are vacating your position. You have had ample time to reflect on what you have done in Las Cruces and the shame you have brought to the bench. While the laws of this nation allow you to remain on the bench for life, one has to believe you knew your appointment to your present position was a sham. The vitae you presented to the U.S. Senate committee for your conformation would not pass muster before a committee truly committed to the welfare of the people they represented. The event was surely a ‘deck-stacker.’
I spelled out the legitimate reasons I requested you to recuse yourself from Weinbaum v. Las Cruces Public Schools (CIV 03-1043) and the subsequent sister case of Weinbaum/Boyd v. City of Las Cruces, etc. (CIV 05-996). You mocked my request with an insulting and denigrating out-of-place retort for a federal jurist to the 10th Circuit Court of Appeals that communicated the very reason I asked for your recusal. Not totally unexpected, there was some hope that justice would be served, but that religiously biased court ruled in your favor further infecting the quest for justice.
In the deposition conducted on me by the Defense Attorney William Babington, he asked the question I knew he would, that being, “What is your religion?” I knew from the beginning of my quest for Constitutional justice in Las Cruces, the real reason for the organized telephone calls, mailings, newspaper, television, radio show attacks, and stalking of me would surface, even though I never mentioned my religion when filing the cases, as was my right. As you know, my quest was only for civil liberties guaranteed by the Constitution and you denied my evidence. But you did approve the lies of the defense witnesses and the Court’s own ‘expert’ witness, even after I told you the defense attorney described the ‘expert’ thusly: “You know he’s one of ours.”
To refresh your memory, your retort to my recusal request which was based on your religious proclivities in the courthouse was, “I am a Christian.” You had no right to use that as an excuse, no legal basis. You misused your authority. In doing so you also mocked the purity of the law you represent. Your statement to the 10th Circuit Court was a signal and your official announcement that these cases were a battle between opposing religious beliefs and your values, not the law. Apparently you believed then and probably still do, that your religious beliefs put you above the laws of the United States. Have you replaced your reference material, the New Testament on your bench, with a copy of the Constitution and the Bill of Rights?
You took an oath of office similar to the one I took as a sailor and soldier, “….protect and defend the Constitution of the United States.” I never wavered at my duty which is also a lifetime appointment. I earned an Honorable Discharge. But you, Sir, are an embarrassment to the judicial system. Your actions in the above cases show your continued presence in any courthouse is a mockery to your oath and to our Constitutional rights which you denied. Comparing your courtroom actions to the federal military system you would have earned a Dishonorable Discharge.
You interjected your religious beliefs into the federal courtroom I entered as a free citizen seeking justice from an oppressive local and state government bent on promoting religion and proselytizing my family and me. You, Judge Brack, knew what you were doing and it was obvious you knew what your minion and subordinate, federal Magistrate Lourdes Martinez, was up to in her senseless, never-ending insulting and harassment of me in court and in her rulings. An outside review will probably determine it was coordinated, it being so obvious.
In Joseph Conrad’s ‘Narcissus’ there is an observation by a sailor about a newly arrived shipmate. It begins, “We all knew him.” (for what he was.) I knew what you are from the beginning of the Schools case. I met you in my home town in Alabama. You were on every Navy ship and military base I ever served on. You were in every town and city I lived in. With all my experience with religious prejudice you caught me off guard though, I never expected you to be a federal judge in a District Court. You knew that I knew what you are. It was in the angst on your face that slipped through every time I stood in your court and challenged your knowledge of your versions of the law with the truth.
You knew I had the law on my side, the truth was clearly there, but you listened to the prejudice in your heart and in your friends’ black hearts. You allowed the harassment by federal Magistrate Lourdes Martinez and the Defense. It went way beyond any distaste for a pro se plaintiff. And you read it all in my submissions to the court for the record. You appeared to be afraid of the truth. How many times did you exercise ‘judge’s discretion’ to block me from introducing the truthful evidence in your courtroom? You even denied my lone witness! You knew I never told a lie.
One of the more bizarre standout events during the intentionally delayed years, created by Judge Martinez by her coordinating the loss of the Pretrial Order with Defense Attorney Babington and blaming it on me, was Judge Martinez punishing the courthouse security guards with large fines for ‘allowing’ me to enter with a digital recorder that would not show on the metal detector. You allowed attorneys and others to bring computers and cell phones into the courthouse. I would be surprised if Judge Martinez did not discuss this with you. My fine by her appeared to be in violation of Federal Civil Procedures along with other violations written off as ‘judge’s discretion.’
The new federal courthouse is almost finished. You have contaminated the present U.S. Federal Courthouse. All the federal and state judges in the state of New Mexico know what you have done; all the employees in the courthouse know it; all the judges in the federal judicial system know it; all your pals know it! Surely you are not so pompous as to not know what you have done. Your behavior as a federal judge is obscene and shameless!
You should go home and not contaminate the new courthouse. But before you go home you should think about your gain. There is a well-known historical event I am sure you are familiar with that set the precedence to your type actions. Surely what you have done is heavy on your heart. Only by your hand can you can provide any temporal relief due you. Some relief would come to you by doing whatever it takes to rescind your intentionally divisive ill-will rulings and the pall you cast on this city and its minority citizens. No amount of supplications will provide relief until YOU correct the wrong YOU have done.
Sincerely,
SIGNED____________________
Paul F. Weinbaum
Cc: Various addressees