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US SUPREME COURT

In re: James Bauhaus
v CS# ____________________

Tulsa County Judge Harris, OCCA (cs# 07-5141 (10th cir.))

Judges Johnson, Johnson, Lumpkin,
Lewis, Chapel; US fed ND Judge Eagan;
10th Cir. Judges Kelley, Hartz, 0’Brien,
McConnell, Tymkovich, Holmes.

MOTION FOR PAUPERIS

For 35 years in tens of lawsuits on this case to eight courts I’ve never been able to pay for these lawsuits and have always been granted pauper’s status. I still can’t pay. I ask for continued pauper’s status.

So Prayed,
James Bauhaus

PETITION FOR WRIT OF MANDAMUS
28 USC SS 1651 (a)

Every court from Tulsa County, OK Dist. Ct. to US 10th Cir. Ct. of Apps. simply refuses to grant the law and justice in this case despite two groups of newly uncovered evidence that prove my absolute innocence and totally refutes the mere eyewitness testimony that constitutes 100% of the evidence used to convict me. It is now found that: both eyewitnesses lied in picking me for this murder (see exhibits B, C, 7 and “PCR” posted on my netsite, www.jamesbauhaus.com (4bauhaus@quik.com) due to the extreme volume of this case and the minute detail of the numerous and subtle errors introduced into it over its 35 year lifetime); a third eyewitness who refused to switch her description from the actual killer to me was deliberately concealed from the defense by police and prosecutors; police/prosecutors deliberately concealed the eyewitnesses’ two drawings and three descriptions of the killer to prevent defense against their known false accusation of murder; police/prosecutors deliberately withheld, concealed and lied about not having collected a minimum of 21 killer’s fingerprints and nine killer’s DNA samples, (ex. 9, D, G, O and U); Prosecutor Truster deliberately lied to jurors, tricking them into falsely thinking that only one anonymous cop had innocently blundered away “the” one and only killer’s blood sample when, in fact, he knew for certain that there had been collected a minimum of seven killer’s blood/DNA samples, (ex. 5, N and tr. p. 291); Police/FBI/prosecutors/coroner all conspired together to ditch the killer’s blood/DNA to prevent its use by defendant in exonerating himself, (ex. 1-5, D and K, N, 0 and P); the FBI deliberately destroyed information, and therefore evidence, about the nine killer’s blood/DNA samples collected by several police in order to make it easier for Tulsa police/prosecutor Truster to lie to jurors about it being “insufficient” in amount for typing when, in fact, there was several times more than enough to identify the killer beyond a shadow of any doubt and prevent the false conviction of the innocent teenager, (Ex. 1-5, “PCR” and essay, “How Police Screw Scientific Evidence”); it was an open, courthouse secret that police and prosecutors in Tulsa County at that time enjoyed a culture of flagrant corruption barely concealed (ex. P, O, K and J): Corruption continues to visit this case as police and prosecutor Truster pilfered away with or re-concealed elsewhere evidence, fingerprints, blood samples, DNA, chain of custody and other records, etc. (ex. 0); Corruption extended in time and space to 1996 when authorities in McAlester perpetrated a cunning, illegal ruse to rob me of my escape trial when I returned to clear my name of their false conviction, (ex. 0 and Pittsburg County Dist, Ct. OK tr. F-1985-121); Tulsa County Prosecutors continue to engage in fraud to prevent justice in this case, (ex. six).

Despite massive proof of my innocence and conviction by fraud, perjury, deceit and evidence theft and evidence manufacture (eyewitnesses), Tulsa County judges and OK Ct. of Cr. Apps Judges refuse to rule on any merits of this case or the new evidence, choosing to hide behind procedural bars when it is obvious that the law owes me a fair trial using all the evidence, showing it to jurors, (See 3-16-07 “Order…” in crf 1973-24 where Judge Harris continues to rely on deliberate errors introduced into the record by prosecutors and ridiculous semantical word tricks to justify his denial, and see OCCAs 5-2-07 “Order…” PC-2007-330 where OCCA Judges refuse to permit the record to be corrected, Brady v MD to apply, or fair trial to occur, through use of procedural bar and semantic trick. Also see my brief to them, posted under “OCCA”).

Next, US Fed. ND Judge Eagan refused to allow the record to be corrected of errors that were deliberately introduced by prosecutors and ex-Judge Sven Eric Holmes (see US Fed, ND OK Order 1996-cv-929-SEH-base file filed 3-31-98) to prevent justice, (see “Petition for Rule of Civil Procedure 60 H B (3) (6) hearing in their records and on my netsite, and the 9-17-07 Order 1996-cv-0929-SEH (the new clerk’s number for this same case) by Judge Eagan). She dodges my rule 60 B petition by switching the title to something it is not, (an Habeas Corpus), and sending it to 10th Cir. Ct. of Apps.

The 10th Cir. Ct. Judges then illegally require of me the very thing that the State stole from me: absolute proof of my complete and total innocence, which are the nine samples of the killer’s blood/DNA (fingerprints), and the 21 fingerprints pilfered out of their police locker in 1997, the same MONTH of my lawsuits attempting to get the DNA from them. The Judges know that proof is not the standard. “Evidence” is the actual standard of review, not absolute proof of innocence. By simply switching one word, these judges justify their denial of justice and fairness, (see “Request for En Banc Hearing and Re-Hearing, US 10th Cir. # 2007-5141″ and “Motion for Remand”, US 10th Cir. # 2007-5141), (Youngblood v WV, 547 US ____2006 “Reversal of conviction is required upon a ‘showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict’.” ID at 435. Deliberate theft and destruction of evidence, and lying about it to cover it up does indeed “undermine confidence in the verdict”, since there is only one reason for stealing evidence: to create a false conviction through use of fraud.

Then three other 10th cir. judges tried to justify their own illegal blanket denial of law and justice here by inserting yet another falsehood into the record (Paragraph 2, line 12 and para 3 l. 4 of Order
07-5141 by McConnell, Tymkovich and Holmes) pretending that some, (instead of the fact, none) of the killer’s blood samples were “…presented at trial”. I pointed out, in detail, the fact that every bit of killer’s blood was concealed and withheld from the defense and never volunteered as Brady v MD requires, and never presented at trial or anywhere else, in any fashion. In fact, theft of the blood evidence has been the crux of the case for 35 years! So, these judges either did not even bother to read my Petition for Remand., or they simply decided to create out of nothing justification for their preconceived, erroneous conclusion. Either way, justice and the law was yet again blocked. Word games and procedural bars should not substitute for justice and the law in this Best Legal System in the World.

In every one of the over 44 separate lawsuits attempting to obtain the slightest bit of justice and the law from this flagrantly fraudulent conviction, each and every judge has added new errors and frauds to
justify the previous errors and frauds. The facts remain:
1. Authorities STOLE all the physical evidence, (ex. 1-5).
2. Prosecutor Truster, since disgraced for getting caught at this same type of shenanigan, is now CAUGHT IN THE ACT of LYING TO JURORS about the authorities’ THEFT of nine samples of the killer’s blood, (ex.N).
3. Authorities are now CAUGHT IN THE ACT of STEALING eight killer’s blood samples, (ex. 1-5)
4. The FBI is CAUGHT IN THE ACT of destroyingevidence, (ex. 1-5, PCR and essay “How Police Screw Scientific Evidence”).
5. The FBI is CAUGHT IN THE ACT of LYING about what constitutes “sufficient” blood for typing, (ex. 1-5).

To allow such flagrant corruption to stand tells all authorities that evidence need play no part in convictions: they can conceal, steal, manufacture, destroy and lie about evidence at will, convicting their targeted victims with nothing but HEARSAY, same as they do in backward countries such as Uganda. It also tells authorities that such abominable corruption will not be punished or even rate a single negative comment from their supposed overseers. Such blind acceptance of flagrantly obvious corruption encourages WORSE corruption.

Also, judges have no right to usurp the jurors’ duty as “reasonable factfinders”. Judges have a conviction-preserving bias, and thus have no business making opinions on newly uncovered evidence. This is the exclusive right of the jurors alone. The Supreme Court agrees with all this in House v Bell, 547 US ____2006. Together with the 1996 proof that the two eyewitnesses lied, there is now NO EVIDENCE WHATSOEVER to link this crime onto me. Let this fraud fall!

RELIEF REQUESTED

Rule 60 B (3)(6) provides for everything from simple correction of the record to release from conviction from fraud. This MANDAMUS requests you order the lower courts to provide r. 60 B review, or remove this fraud yourselves and thus save everyone much grief. I also request an order forcing the State to grant precedent (Slaughter v OK, 2005 OK cr. 6) of fMRI brain-scanning lie-detection (now 90-95% accurate) so that authorities can have NO DOUBT of my complete and total INNOCENCE. Having been cheated by them out of absolute proof of my innocence when they stole the killer’s 9 blood samples and 21 fingerprints, I am owed this under the United States Constitution, amendment one, ” … redress of grievances.”

So Prayed.
James Bauhaus
CERT. OF SVC.
On ______________ I mailed a true/correct copy of this to each court in the caption at their proper address, addressed to each judge, with sufficient postage.
James Bauhaus

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