Gary Nelson Leavenworth - Kansas Supreme Court Lets Lawyer Slide
NOTE > Complaint And All Documents Available Upon Request
Larry Fail - MacPhale
5470 SO Greenwood St.
Littleton, CO 80120
303-730-2100 / 1-800-722-9529 /
www. Requestusa.com / www.failvfail.com
August 27, 2011
Stanton A. Hazlett
OFFICE OF THE DISCIPLINARY ADMINISTRATOR OF THE STATE OF KANSAS
Topeka, Kansas 66603-3729
RE: Lawyer Gary A. Nelson Complaint.
Dear Mr. Hazlett,
I appreciate your quick response. In my complaint I was not attempting to "re-litigate" the case. I was attempting to be as honest and as open as I could possibly be. I am under the impression that you are charged with determining if a lawyer broke any laws or rules, or was dishonest before the Court. It would seem that as an officer of the Lawyer Gary A. Nelson had an obligation to be honest before the Court, which he was not. You are the expert on the issue; therefore I can understand your decision to a degree without conducting an investigation. I was hopeful however that your job was to determine if a lawyer was honest or dishonest in his dealings with all parties and the Judge in a given case. This cannot be accomplished in an armchair position without an investigation. This is a case of "Legal Might" and dishonesty steamrolling over "Moral Right." and honesty based on all of the facts before the court as well as facts and information not before the Court as explained herein. I am aware that the law and fast and loose lawyering all too often Trumps Truth and accommodates the pleasures of the educated, informed, well connected and yes even the dishonest ones as in this case. I do not have a formal legal education and therefore am absent a legal mind and therefore find it hard to accept dishonesty in this case or any other case. I would think that it should be unacceptable to you also. How can an honest decision be made on dishonest information? I was out lawyered in this case by a dishonest lawyer. My father used to tell me. "Lawyers hang together like a bunch of grapes." I have never fully accepted or appreciated that statement as I personally know some decent and honest lawyers; however they too are reluctant to speak out on lawyer misconduct for fear of alienation from the club. Your decision not to act on my compliant only ads weight and credence to the Grapes Logic.
In denying my request for an investigation you relied heavily of Judge Rogers "Memorandum Decision" It is an example of garbage in and garbage out. Gary Nelson put garbage in and I was allowed to put in very little of anything that related to the true facts in the case. What little I did get in Judge Rogers considered it as garbage or waltzed around and disregarded issues – as issues not before the Court.
This case brings to mind a statement once made by a great philosopher. "An intelligent opponent is much more dangerous than a dumb one, but an opponent that is both intelligent and dishonest is even more dangerous in a Court of law." lnf. Gary Nelson was both an intelligent and dishonest opponent in a Court of law. As you know him, you know that he is a very intelligent, competent and meticulous lawyer that knows the law. He is also dishonest. You either do not know this, or you refuse to accept it.
Your first paragraph of your letter reads.
"I received and reviewed the complaint you filed with this office against Gary Nelson. You have previously filed complaints with this office (against) Brian Grace and John Rubow. The Complaints arise out of litigation which has occurred since the death of your father, Ivan Fail. The issue has been the distribution of your father's property."
Your quick response and dismissal of my complaint filed a couple of weeks ago against Lawyer A. Nelson is very disappointing but again not unexpected. Your position that because Gary A. Nelson won the Fail v Fail case in Court it is proof that he done nothing wrong is preposterous ridiculous, outrageous, absurd, outlandish, silly & laughable.
Unbelievable is another word that I could have used however considering my experience with your office and lack of action against Lawyer Brain Grace, your dismissal of my Complaint against Gary Nelson is not unbelievable. However it is not in the best interest of justice and allows a thief, Lawyer Gary A. Nelson to dodge the hammer of justice and continue with his dishonest and criminal conduct. He defrauded me and you know it as does everyone else that has smelled the foulness that permeates this case. He did so as Brian Grace also did. John Rubow knows the truth in this case but decided to be dishonest for reasons known only to him. He also followed my sister June's instructions and assumed she was following my father's instructions as he testified to in his deposition.
I had to saw & saw & saw on your leg to get you to finally agree to order an investigation of Mr. Grace aka Grace-less. In the end you simply told me in so many words "I hear tell that Mr. Grace is too ill to come to a meeting and we no longer have any jurisdiction over him as he turned his license in." This is pure Bunk. Picture a bank robber getting away with robbing a bank because he is too ill to talk to the cops. Grace-less screwed me when his license was active. You can move the around marbles all you want to but you know that you had jurisdiction over him at the time that he defrauded me and did nothing to him. This detour and loss of time & cash worked to Lawyer Nelson's advantage as did all the other dirty tricks that he and the other defendants played against me under his direction and control. You finally referred me to the Client Protection Commission to get rid of me. They mailed me a check for $800 and change which was far short of the $2,500 that Grace-less ripped me off for. The full story is on the web site www.failvfail.com and will remain there forever. I also got a judgment in Sedgwick County Court for $2,500 against Mr. Grace-less which is as worthless as he is.
"I read the Memorandum Decision which you provided to me dated November 17, 2008. In that document, Judge Rogers granted two motions for Summary Judgment filed against you and Adam Fail. In the Memorandum Decision to me on page 38, Judge Rogers addresses the claims you have made against Gary Nelson. Judge Rogers concluded that you acknowledge you had no evidence of any wrongdoing on the part of Gary Nelson. Further, the Judge reviewed Gary Nelson's deposition testimony and concluded that there was no merit to you claims."
You apparently read very little of my evidence or exhibits focused on information that would support your decision to dismiss my complaint and disregarding information that would support my complaint for an investigation. Judge Rogers did the same thing. He only saw a small percentage of what I had to offer as a result of his disallowing my evidence. He denied the admittance of a large part of my evidence and I was unable and/or was late in presenting other evidence which was also not accepted. While the rules may state that unanswered and/or evidence not admitted constitutes an admission on my part, this is more legal maneuvering also often referred to as legal sleaze know only to lawyers, especially in addressing the issue lawyer misconduct. Dishonesty and/or lawyer Misconduct outside the record of the case most often is where you will find the cold hard facts revealing lawyer dishonesty and/or lawyer misconduct. Gary Nelson acted in unison with knowledge with his wife Tonia and her mother, my sister Iva June Dedeke and the other defendants in defrauding me. Especially my sister as she is the one who called John Rubow and told him to prepare the deeds. She did the exact same thing on Memorial day 2005, thirty (30) days after she got dad to sign the deed with Gary and Tonia Nelson's names in her attempt to also take my brother John Roy Fail's 360 acres. I was there in the Hospital room in Parsons Kansas and seen it with my own eyes. This is discussed and admitted in the depositions of John Rubow, Gary Nelson, Ivan Lee Fail and John Roy Fail. June was a schemer and deceiver supported and assisted by the other schemers and deceivers including Gary A. Nelson and his wife Tonia. My two Greedy and Needy brother's Ivan Lee and John Roy were happy to play along for the land and a truck load of cash. June is my 9-11.
Saying that Gary Nelson did nothing wrong because he successfully won the case is akin to saying, "The Bank Robber did not rob the bank because he successfully robed the Bank.
You further state that Judge Rogers reviewed Gary Nelson's deposition and concluded that there was no merit to my claims. This is not true. The judge did not decide that my claim of perjury had no merit. What Judge Roger did do was dance around the issue of perjury. Judge Rogers avoided these facts and played with words. He never addressed it in a fair and honest manner. He dismissed John Rubow's statement about Gary Nelson knowing that his name was on the deed eight months before Nelson testified that he knew nothing about it as insignificant. At the end of the second paragraph on page 40 of his decision, on the issue of perjury the Judge further states "The alleged issue of perjury is not an issue or claim in the Second Amended Petition and is not before the Court." He sidesteps the issue of perjury by deferring to the issue of perjury not being in the Second Amended Complaint. " Considering the Second Amended Complaint was filed on June 19, 2007 and Gary Nelson's Deposition containing the perjury was taken on March 13, 2008 his statement and disregard for the issue of perjury puzzling and misleading. The perjury took place long after the Second Amended Complaint was filed. While the Judge may have determined the winner in my case he had little or no interest in the tactics or maneuvers used by the winner to win. Whatever works in winning a case including dishonesty, perjury, false evidence and testimony, and the exclusion of the facts and truth in a case rapes justice and makes fools out of everyone and leads to distrust of the system which over time leads to violence
The Transcripts are clear. Gary Nelson's testimony in his deposition is in conflict to John Rubow's testimony in his deposition wherein Nelson stated that he did not know about the April 11, 2005 deed until December 23, 2005. Rubow stated that Nelson had told him how he wanted his name of the deed, which had to be before April 11, 2005. Rubow was the lawyer that drafted the deed so one would think that Rubow knew what he was talking. And you would have to admit that John Rubow being a lawyer would not commit perjury, right? What would be his motivation to lie? He wanted to distance himself from the having anything to do with his mother in law June Dedeke threatening my father into signing the deed that John Rubow drew up and admitted in his deposition that it was under June's demands and instructions that he did so. We both know, and everyone else knows what Gary Nelson's true motivation was, and how he pulled it off. It was to take my land and unjustly enrich himself by hook or by crook and the system that he knows so well allowed him to do so. Judge Rogers ignored and avoided the facts in the case by rejecting my evidence and the conduct of the parties and then played the word game to justify his actions. He never got to the facts. He relied Nelson's deceit and on the lawyers laws of exclusion.
I do not need special powers to know that Gary Nelson is a dishonest person. Admittedly I would need special powers to predict with any degree of accuracy at what specific date and time that Gary Nelson would be disingenuous the degree of committing perjury. While I know through personal experience that Gary A. Nelson is a dishonest person, my opinion does not have the same weight as Gary Nelson's Opinion has with the Judge, therefore one would think that sworn testimony in a deposition would level the table. Not so in this case with two lawyers against a lay person. The Transcripts are clear. Gary Nelson's testimony in his deposition is in conflict to John Rubow's testimony in his deposition wherein Nelson stated that he did not know about the April 11, 2005 deed until December 23, 2005. Rubow stated that Nelson had told him how he wanted his name of the deed, which had to be before April 11, 2005. To add insult to injury the Judge further found that Gary Nelson's alleged interference with me hiring an attorney "is not material to the underlying issues in this lawsuit." That's akin to a Police Officer stating I was called out here for a rape, not murder so I cannot address the dead corps lying on the sidewalk. In other words it's simply more legal sleaze by a lawyer to accommodate another lawyer and a lifelong association at the expense of a non club member.
"You have litigated these issues and lost. Judge Rogers has already decided, based on evidence presented to him by you, that there was no misconduct on the part of Mr. Nelson. I do not intend to waste my resources to investigate the same allegations that you previously made which have now been litigated."
As is apparent, I was prevented from litigating this case by both lawyer Nelson and Judge Rogers. I was denied my day in Court with a Jury of my piers sitting in judgment of the facts and testimony of the witnesses. This case was not decided on the facts; it was decided by deceit and the exclusion of the facts and the truth. Nelson used the law to block every attempt that I made to present the evidence to the Court. Why was he afraid of the truth getting before the Court? I know that the Judges/lawyers both write & decided the laws, and therein is the problem with justice when the truth is disallowed and excluded using a law. This equals injustice. The law of exclusion overrules and blocks both the facts and justice as in this case. No mystery on this fact. Winning is everything to greedy and dishonest lawyer at all costs especially when you have your name on a deed to Expensive Real estate as lawyer Nelson did in this case.
Your intentions in not wasting your resources investigating my complaint without even giving Gary Nelson the opportunity to respond and practice his dishonesty again is disappointing. Contrary to your insistence that my allegations that I have made before were investigated and litigated are untrue. The opposite is in fact the case. My allegations were ignored, disallowed, glossed over and most certainly not investigated. Justice ignored is justice denied.
"Pursuant to my authority under Supreme Court Rule 209, I am dismissing your complaint."
I must have missed something in my understanding of how the system works.
You know, Judge Rogers knows and everyone else knows what Lawyer Gary Nelson did in this case. It is listed in detail in my Complaint. There are ethical and honest lawyers although I was unable to fine one in this case. There are unethical lawyers that are nothing less than thieves that are on a first name basis with the judge and the regulator, such as Gary Nelson is in this case. Bad Lawyers contribute to violence in America. In essence they are terrorists by proxy.
Question. Who oversees lawyer conduct, behavior, honesty and ethics, or the lack thereof?
The District Court does not. It is not their job. You do not if you simply rely upon the Court's decisions which has little or nothing to do with a lawyer's dishonesty or unethical conduct. Your position that if a lawyer wins in Court it proves that they did nothing dishonest, unethical and therefore breached no rules of conduct is puzzling. So what is your job? The protector of the public or the protector of Lawyers? Judging from your quick dismissal of my complaint you apparently seen my name and determined that my complaint had no merit as I have filed other complaints against John Rubow and Brian Grace. You determined that Rubow had done nothing wrong and Grace may have but deferred to his alleged ill health and the surrender of his license as reasons not to pursue him although he was licensed when he defrauded me.
Your comments in the last paragraph of your letter that I have litigated and lost, and Judge Rogers has already decided based on evidence presented to him, that there was no misconduct on the part of Mr. Nelson means little to nothing concerning the issue of Lawyer misconduct, the issue of my complaint. Garbage in garbage out. Judge Rogers could only rule on the information, disinformation and dishonest information presented to him by Lawyer Nelson. Furthermore Judge Rogers did not determine that there was no misconduct on the part of Lawyer Nelson. The litigation of the case and the dishonesty of lawyer Nelson were and are separate issues. Judge Rogers only addressed the issues of litigation, not misconduct of Lawyer Nelson. Judge Rogers cites only one issue of lawyer misconduct and then sidesteps the issue of lawyer Nelson's "interference" with Plaintiffs search for an attorney on page 40 of his Memorandum Decision stating that it is not "material" to the underlying issues in this lawsuit in essences stating that no lawyer misconduct is "Material" in this lawsuit which is the point of this letter. The outcome of a lawsuit has nothing to do with lawyer misconduct in this case. The Judge handles the litigation and the office of "The Disciplinary Administrator" should handle the Lawyer Misconduct issues. Winning the case by hook or crook should not give the winning lawyer a free pass to get out of jail. Winning a case is not proof that the winning lawyer did not engage in dishonest unethical misconduct including committing perjury and knowingly submitting false and misleading documents and testimony to the Court also known as garbage as in "Garbage in and Garbage out."
Court Rooms seem to be the Devils Work Shop. I remember the dark dank smell of the first Court Room that I was ever in Fredonia Kansas in Wilson County 1964. Judge Donaldson and my ex-wife's divorce lawyer Steve Rogers took my two daughters away from me with a meaningless visitation order when she took my daughters out of State. Forty years later I smelled that same foul and demonic odor in the same Court room when Judge David Rogers, yes Steven Rogers's son took my inheritance that both of my parents wanted me to have as a result of lawyer Nelson's dishonesty.
I could have ignored your letter and refusal to act on my complaint and slammed the lid on the Fail Family Coffin but to do so would have left unfinished business.
Former Ex Marine and Sectary of State George Schultz repeated to President Regan what his drill instructor had told him in boot camp. "Don't point a loaded gun at someone unless you intend to use it." He further stated. "In other words never say something to someone unless you are willing to accept it." In other words Mr. Hazlett, if you accept it, you own it. You own this one.
Bad conduct thrives on non regulation. As long as bad conduct goes unpunished it will thrive. You're passing the buck to Judges Rogers to do your job for you have let yet another unethical and dishonest lawyer crawl under the fence into the chicken house. If your job is to truly administer discipline of lawyers, as your tile implies - you should resign. The only problem with that option is undoubtedly you would be replace with someone who would more zealously protect dishonest lawyers if that is possible. I was small towned in this case. Ted Knoop filed the case in Wilson County and in doing so set my case up for failure. As my lawyer he could have and should have told me about my Constitutional Right to file the case in Federal Court. He was nothing more than another a *** lawyer milking machine that took my money and bailed out. I could file a complaint against him but who would I file with? Your office – which would be a waste of time as you only pick and chose information to defend the lawyer, and toss proof of wrong doing.
Finally your comment that you do not intend to waste your time and resources to investigate the same allegations that I have previously made which has now been litigated is not only offensive and confusing it is yet more evidence that you missed or dodged the force and facts in my complaint and this case. The results of the litigation was based dishonesty and lawyer misconduct resulting in garbage in garbage out. The resource cost to the victims of dishonest lawyers that are allowed by your office to run free to rob and plunder the public's assets and public trust is incalculable.
Your act of representing and speaking for Lawyer Gary A. Nelson and dismissing my complaint without giving him the opportunity yet again be dishonest and refute my allegations which were base on the facts and the conduct of the parties as stated in my complaint speaks volumes and sets yet another bad example of the orphan justice left crying in the streets.
I have enclosed an article about lawyers titled "Murder of a Nation" which I wrote in 1983 which has proven to be prophetic. America has nosedived since then as the lawyers on Wall Street and their protectors, the lawmakers in Washington which are all lawyers, and the Lawyer Nelson's of the World have plundered the wealth of this once great Country. As long as the Fox's are left to guard the Chicken House and slaughter we - the innocent unsuspecting worker sheep nothing will change. The age old Art of *Sophistry and Lawyer's Logic has destroyed and tossed in the dust bin of history every society that has come on gone. Your casual disregard and acceptance of Lawyer Nelson's bad conduct only serves to reinforce the statements made in my article. If one is not part of the solution then they are part of the problem. *From Wikipedia, the free encyclopedia.
My dear father and mother always done everything that they could to lead by example especially when it came to honesty and instilled it in their four children. For some reason it did not work with any of their four children, including me. I have been dishonest at times in my life and I have paid dearly for it and learned many a hard lesson. My own honesty, and the honesty of the people that I associate with including my own children is more important than about anything else that I can think of, and I am not a religious person. I reject all manmade religion. I am a spiritual person that believes in the creator of all. My Philosophy is simply to "Harm None." I can say with no reservations whatsoever that I was completely honest to a fault in the Fail v Fail Case. I stand by that statement on my parent's graves, so help me God. I trusted my family members and they, including Lawyer Gary A. Nelson were all dishonest in all matters associated with the Fail v Fail Case. They were paid handsomely for their dishonesty. The other shoe will drop on them some day and they too will learn the cost of being dishonest. My parents were as honest as possible with all of us kids including me in all matters including matters related to the Case. Without question, their legacy was disgraced and dishonored by Lawyer Gary Nelson and the defendant players in the Fail v Fail Case.
A person cannot be dishonest and get away with it unless they have a Liars Degree as does Lawyer Gary A. Nelson. You're Office, The Supreme Court, the Bar and the Law may protect Lawyer Nelson and allow him to continue his dishonesty within the age old *Sophists domain, and therefore allow him to practice his dishonesty on other victims, however he cannot escape the Universal Rule of Cause and Affect and the Principal of Karma associated with a person's actions including dishonesty. They have dire and rightful consequences for which you cannot protect Lawyer Nelson from experiencing. . *From Wikipedia, the free encyclopedia.
Winning and getting rich by hook or by crook is not very appealing considering that the Nelson's of the world are the snakes and our children are the Bunny Rabbits. Winning at the cost of losing our Country and our Children's future is comparable to sawing holes in the bottom of our Ship State while dreaming of a happy voyage. Are you part of the Solution or part of the problem? It is your choice. Make it a good one.
Larry Fail - MacPhale.
Enclosed. "MURDER OF A NATION" Who Must Bear The Responsibility?
cc The Public's Right know.
The Honorable Mark Parkinson, Governor State of Kansas
Monetary Loss: $750.