Saturday, May 28, 2011

Bruce E. Colyer, Associate Circuit Judge


3rd Follow up PETITION FOR WRIT OF HABEAS CORPUS‎ - Cause No. CR203-1336M - STATE OF MISSOURI, Plaintiff, v. DAVID G. JEEP, Defendant



I can no longer refer to Bruce E. Colyer, Associate Circuit Judge as Honorable


Timothy R. Cisar, of Lake Ozark, Missouri
Carl M. Ward of Washington, MO

Re: Honorable Bruce E. Colyer, Associate Circuit Judge

Dear To whom it may concern,

         

1.      No. SD30875, Filed: 5-20-11, Timothy R. Cisar, of Lake Ozark, Missouri

2.      No. SD30625, Filed: 5-23-11, Carl M. Ward of Washington, MO

3.      No. SD26269 Case CR203-1336M Filed pro se by David G. Jeep


Judge Colyer's ruling in both of your cases, SD30625 and SD30875, I would suggest comes out his exculpable personal knowledge that the Breath Alcohol Program has inherent flaws.   I made him aware of this issue WITH my case CR203-1336M/SD26269/4:07-CV-0506-SOW/8th District US Court of Appeals 08-1823.  Where he criminally denied my civil rights to exculpable information via PRE-trial, AT-trial and POST-trial objections and motions.  It is all on my website and in the court record!!!!
The Police (Alex Little, Officer Badge #920, Tim Taylor Officer Badge #913) State of Missouri, Camden County, and City of Osage Beach on the stand under oath presented false information that contradicted the verifiable exculpable information I was denied PRETRIAL, at TRIAL and POST TRIAL.   They presented false information because they were institutionally ignorant.  The Institution they represented, the institution under whose authority they were empowered to this DAY does not know what it is doing.
The Missouri Department of Health and Senior Services ("DHSS") supports a Scientific method for Breath Alcohol Program.  The Missouri Department of Transportation, Division of Highway Safety wants to enforce Criminal Penalties for the Breath Alcohol Program / DUI.  There is no concerted effort to achieve the ultimate goal. 
The HGN test is inconclusive except in well-lit where the subject has been allowed to acclimate to the conditions.  The HGN test cannot be performed in less than well-lit conditions at roadside.  There is not enough light and there are too many distractions.  The HGN cannot be administered in the sally port because it is too bright and the subject's pupils never acclimate, as I was tested.  
The SFST are used as an eyeball estimate of sobriety.  An eyeball estimate of sobriety is NOT scientific unless consistently and accurately  administered for a Criminal Evidentiary Determination.  Especially so as in my case where the arresting officer swore on the stand under oath that a subject could be wearing up to a 4" heel before the offer to remove footwear was tendered.  This contradicts the NHSTA standard of 2" heel as the requirement for the offer to remove shoes.
The SYSTEM is incapacitated by its too diverse bureaucratic make up.  It needs to be put under ONE authority to regulate and STANDARDIZED all its components to create an evidentiary scientific procedure that can be relied on to establish guilt or innocents.  I convinced Governor Blunt of this.  Apparently my arguments did not touch ground with Attorney General Nixon, he has not as Governor enacted the necessary changes. 
I made Governor Blunt, and then Attorney General Nixon VERY MUCH AWARE of this via my protestations (See letter on my website dated Missouri Attorney General's Office,  Saturday, April 03, 2004 & Matt Blunt , Jay Nixon Report of a Crime, Cause No. CR203-1336M - SD26269 Wednesday, May 30, 2007) of a CRIMINAL conspiracy to cover the up the Prosecutions denial of exculpable evidence, the police's false testimony and the Trial Judge's (Honorable Bruce E. Colyer, Associate Circuit Judge) CRIMINAL refusal to honor my CIVIL RIGHTS in PRETRIAL, at TRIAL and POST TRIAL motions. 
There is no STANDARDIZATION within the system for the HGN, the SFST or the Breathalyzer test.  Nobody knows how the system is suppose to work, nobody knows for example if you are asked to blow for 20 seconds as I was, you will AWLWAYS get and invalid result!!!!!  The Missouri Department of Health and Senior Services ("DHSS") does not have the evidentiary interests of Missouri Department of Transportation (MoDOT) in its processes, thus "the failure of [MoDOT] to adopt the necessary rules and regulations to carry out its duties" under the BAP
MODOT has no idea how to operate the machines they are convicting people with.  And this ongoing incompetent technical ERROR is convicting people while violating the CIVIL RIGHTS!!!!!!!!!!!!!!!!!!!!

If there is anything further I can do for you in this regard, please let me know.
Thank you in advance.
"Time is of the essence"




David G. Jeep
c/o The Bridge
1610 Olive Street
Saint Louis, MO 63103-2316
E-Mail Dave@DGJeep.com (preferred)
(314) 514-5228

enclosure


cc:  My Blog - Saturday, May 28, 2011, 4:36:33 PM


--
Thanks in advance


To Kill a Mocking Bird, The Denial of Due Process

"Agere sequitur esse"
"Time is of the essence"
David G. Jeep
http://dgjeep.blogspot.com/
E-mail is preferred Dave@DGJeep.com, DGJeep@DGJeep.com
(314) 514-5228

David G. Jeep
c/o The Bridge
1610 Olive Street,
Saint Louis, MO 63103-2316