"The fix was in, all the way to Santa Fe." (From Moore)

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

The Englih Language uck in La Cruce

One of the truly pathetic lie to protect religiou_ faction_ in La Cruce_ i_ the public _tatement by federal parrot Judge Brack and public _chool official_ that an 's' i_ not nece__ary in word ending_. One can only wonder how thi_ belief affect_ children in their learning to _peak the American Engli_h language.

According to their under oath _tatement it make_ no difference if an 's' i on a word. I own two car_. When I dre__ up I put on my new shoe_. School kid_ _hould take care of their book_. Your pencil_ are no good to eat.

Enough example_? Point made? The first ignored request went to the Superintendent and the Las Cruces Public Schools Board of Education. The request was about the Policy 424, Religion in the Schools, statement which reads: "Las Cruces Public Schools recognizes the separation of church and state and does not sponsor, promote, or endorse religion but does have the responsibility to teach about religion." (my bold)

Any casual reader can readily see that the word 'any' should be added between 'endorse' and 'religion' to clarify the meaning and read 'endorse any religion' in this policy statement. This second part of the policy statement tells any reader not encumbered with religious fears that it pertains to the teaching of the beliefs of one religion, that being the Christian beliefs.

A statement in the Procedures of Policy 424 reads, "Public schools have the responsibility to teach about religion but shall neither actively sponsor nor interfere with religions." Here again is an exclusionary statement. First it says "teach about religion" then it says "religions." Well, we all know that means they are going to teach about Christianity, but be kind and not compare it to those 'mongrel' religions.

This other statement would do well if the word 'is' is replaced with the word 'are' and an 's' is added to the word 'religion.' The statement "When religion is included in the curriculum......" would then read "When religions are included...."

When judges lie and public school officials lie to enforce their status quo hegemony those acts exclude a variety of citizens and denigrates their cultures and religions. It makes them invisible.
Is that not the point? You don't want children getting new ideas that would help them understand their school chums.

Any history, geography, choir, music, biology, anthropology, etc., teachers cannot properly teach their subjects without introducing cultures and their religions into the various subjects. Ignoring the other half of the world that is not Christian is certainly disrespectful to the students' learning.

Las Cruces Pride: A Symbol of Exclusion and False Pride

Since the use of the Trinity crosses by the government of the City of Las Cruces was challenged as being an illegal imposition on the civil liberties of citizens, those rights guaranteed by the U.S. Constitution and the New Mexico Constitution, the City Council and the Dona Ana County Commissioners have been running scared.

The Christian symbol of love has become an in-your-face flaunting of religious superiority representing a government-sponsored disdain for non-believers and non-Christians in the community. Many citizens are afraid to speak up when they know it's wrong.

The points on the sunburst reflect chapters of the Gospel of John, the verse reference depends on the City Department. The police use 12-points on their patrol cars for Chapter 12.34. On the police uniforms is the 20-point sunburst with floating Trinity crosses. The newer adopted 20-points if for John 20 - the Resurrection.

The Dona Ana County Commissioner showed their support for the problem the City got itself in for using government funds to proselytize. The County added a dripping yellow cross to the County seal and now claim it represents the local sunshine.

The City has purposefully instituted a campaign to get the Trinity crosses symbol on every item possible in every Department. A license plate for Las Cruces has been approved by Governor Richardson and his faithful gang in Santa Fe. Only those who live in the neighborly City Limits can buy the plate, although about 60,000 people have an address listed as 'Las Cruces.' The additional $25 cost is supposed to go the Recreational Department which is known for its activities to proselytize the youth of the city.

It's good to have the license plate so citizens and visitors will be forewarned as to the prejudice of the proud owners.

Lost Soul

Some communities have a soul. You can feel it when you drive into the communities. You can see it in the faces. You can see the pride in the way the people carry themselves. You can see it in how the citizens treat one another. How all are included, or excluded.

What kills the soul of a community? Hate. Disdain for the 'others.' Disdain for your neighbors. Exclusivity related to a religion. False pride. Disrespect toward others. Silence in the face of evil. Hate is evil.

All you have to do is read the Las Cruces Sun-News with its daily deaths at the hands of citizens by way of love and jealousy and alcohol, gang rivalries, child-molesters, and the occasional death at the hands of a church-blessed police.

Sunny skies cannot hide the ongoing City Hall-organized disdain for non-Christians, and even the local Christians. All citizens who may want to observe by sitting or those addressing the City Council will do so standing before an Inquisitional dais resplendent with the large Christian crosses of the Trinity on the back wall. The public podium has its own smaller version of the Christian crosses. The City Councilors look at the crosses, not the citizen speaking. Unbelieving readers should check http://www.las-cruces.org/. And the City's own TV channel for the promotion of religion.

The dangling of Christian crosses or symbols made from them on every piece of public property is truly insulting. But those dedicated evangelicals in the City government wear their hate with pride and their concern of others is minuscule.

The City's soul is lost. It will continue to be lost as long as hate and disdain for others is the rule. Some churches believe the human soul belongs to those churches; some people believe their soul belongs to whatever god they ascribe to or to nature; and some people do not believe in a 'soul.'

Whatever the belief about human souls is, it is personal. The soul of a city belongs to no religion or deity as some would want. The soul of a city belongs to the people of that city to make it viable or not. So far, the city of Las Cruces has chosen to selfishly discard the idea of viability.

Fidelity to the Law

"Fidelity to the Law." Faithful loyalty. Isn't that such a quaint idea? Not so in the minds of the ordinary citizen. Yet, foreign to the likes of the religiously pompous Judge Robert J. Brack and his minion, magistrate Judge Lourdes Martinez. Both swore an allegiance to their duties as federal judges. Surely they knew they were lying when they raised their hand and swore to protect the Constitutional rights of the people. Charlatans of the lowest order and they are still on the bench.

Las Cruces: Shameful silence

The leading factions of government-involved promoters of Christian privilege in Las Cruces have reveled in the shameful rulings against the First Amendment civil liberties by Federal District Court of Las Cruces Judge Robert Brack and his minion, federal Magistrate Lourdes Martinez.
These two judges would better serve the public in traffic court, or no court, well away from deciding the rights of the people guaranteed by the First Amendment. They lied.

The triad of the City of Las Cruces, the private Greater Las Cruces Chamber of Commerce, and the Las Cruces Public Schools Board of Education, frolic under their blanket of prejudice in their status quo bed. Not to go unrecognized is the infected degreed influence from the various supporting departments of the New Mexico State University that mockingly promote 'multiculturalism' but aid and abet the LCPS and the others. Also, not to be left out are the religious factions that dictate .... . Or those who make decisions based on the 'wink and nod' of what they think their religious leaders want them to do.

The shameful silence of citizens and pulpits is a blight on the city as their silence encourages the promotion of hateful disdain toward others. There is no salvation from hate. The outcome of the lawsuits for justice was set from the beginning by the triad. Their silence proves it. As part of the plan, Judge Lourdes Martinez, in partnership with the defense lawyer, William Babington, 'lost' the Pretrial Order (PTO) for two years and for those two years denied any knowledge of her wrongdoing. Mental reservation? Job security?

Only when Judge Brack's personal Clerk of the Court, Bernadette Howell retired, did the PTO reappear.

One of the unspoken factors that influence the actions of the judges was them obviously putting their religion before their oath of office and thereby mocking the U. S. Constitution they are bound by. When judges lie and illegally promote their religion in the courthouse, chambers and courtrooms, then are relieved of their crimes by outside religious factions, only to return to their ways after penitence, our secular justice is doomed. The federal courthouse is not a church!

When citizens end up in any court for any reason, there should be no doubt that justice will be served. There have been cases where honest judges have seen a conflict between their personal beliefs or their experience and the law and recused themselves. When that happens Justice is served. Justice belongs to the people, not the four-flushers pretending to be judges.

Suffer the little children

As most of you know, but many just don't want to think about it, the Las Cruces Public Schools (LCPS) Board of Education continues its involvement in introducing the Christian religion into the schools. The 'funny' thing is the summer Church (Bible) Camp theme that has been around for years. It's Summer! It's Church (Bible) Camp time!

Now, after being exposed last summer of sponsoring a NASA program for elementary school children with the New Mexico State University Education Department at an evangelical church, the LCPS is at it again. The NMSU Education Department lied about the location being a church and the use reasoning was that it was 'free.' An LCPS policy is that its programs will be held at public school sites for free.

There is an excellent science program named Mad Science that introduces school children to various aspects of science beginning in the elementary schools. From every thing I can tell, there is no religious involvement in the programs, just science. No 'intelligent design.'

Through an obvious backdoor maneuver LCPS has joined El Paso ISD, Texas, to promote various programs of the Mad Science at exclusionary locations - one country club in El Paso; two at churches. One church is a Baptist church in El Paso, the other church is the evangelical Mesilla Valley Christian School (MVCS) in Las Cruces.

All three of the locations are exclusionary and totally inappropriate for 'public' education of children and for programs supposedly for science. The usual programs at the Baptist church are unknown at this time, but an experienced guess would categorize it as 'evangelical.' The Mesilla Valley Christian School is well-known for its bible-based evangelical programs and is decorated inside with religious themes for proselytizing. A very strange place to hold 'public' school science programs.

It is my understanding that MVCS is a promoter of the 'intelligent design' theme. If so, there is a serious conflict about to happen.