[Address withheld]
Web Sites: http://www.uhuh.com
http://www.uhuh.com/1k12betrayal/skellyfiles/2ltr2.htm
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December 22, 2003
Case #1-03-AP-004610 as of 12-4-03
Appellate Court Letter 2
Introduction
Santa Clara County Appellate Court
Judge Ray Cunningham, presiding
Judge Susan Bernardini
Judge Edward Lee
Your Honors:
Concerning the Nichols case referred to above, the federal Misprision of Felony law mandates that I report what may be massive collusion and coverup. An attempt is made in this report to avoid liable. I merely report what I see and include the words “possible” and/or “may”. The Misprision of Felony law also mandates that you act upon this report.
Circumstances have been rendered most inconvenient. Files have been sealed. Location of the defendant is secret. Dates have been changed. Witnessing court action has been exceedingly difficult. For those reasons, I have been unable to speak at the lower courts and must appeal to your good judgment to act upon the information contained in this report. In addition, the judges of the lowers courts may be implicated. The Appellate Court is asked to obtain all applicable government files to find and verify the facts.
To get to the facts, it will be necessary for Forest Glen Durland to question the defendant, John Martin Nichols, in the presence of you three appellate judges. I list the questions and items of possible violation below, noting that the Misprision of Felony law mandates that I do so, thus negating charges of liable.
Of extreme importance, you must remove any statutes of limitations that may apply to this case to all who may be implicated. For reasons shown above, it has been difficult, if not impossible, to start action necessary to accomplish this act in the lower courts.
While I do not condone what Nichols has done, his Offenses are minor compared to the crimes government officials may have committed. My research shows a possibility that Nichols is being used as a scapegoat to cover a sexual and Communist upheaval at Saratoga High School. Those involved in this possible collusion do not deserve to go free while Nichols takes all the punishment.
Please note in the record that Forest Glen Durland is a family man residing in Saratoga. His concern is to open this case to the taxpayers who “own” Saratoga High School and who have the right to know of the proceedings there. Forest Glen Durland is not of concern in this case. The only concern is whether or not the Coterie broke and continue to break the law.
Definitions of Terms Used
Critical Date – the date Nichols allegedly committed Offenses. That Critical Date is 7-17-02.
Prior Knowledge – the knowing of the Offenses prior the the Critical Date.
Offenses – infractions of the law allegedly committed by Nichols.
Coterie – government officials who may have violated law in reporting and prosecuting in the Nichols case.
Nichols – John Martin Nichols, the defendant in Case #1-03-AP-004610 as of 12-4-03.
Boy Doe, or Boy – The student against whom Nichols allegedly committed Offenses.
School, or High School – Saratoga High School, Saratoga, California.
District – Los Gatos-Saratoga Union High School District.
Skelly - Kevin Skelly, Principal of Saratoga High School.
Kuyat – Guy Kuyat (koo' yaht). Deputy assigned to the Nichols case.
Merc – San Jose Mercury News
Falcon - Saratoga High School newspaper, Mike Tyer, teacher.
Guilt
If what is seen is true, Nichols' offenses must be judged minimal when compared to other, possible offenses by government officials. It is possible that Nichols is being used as a scapegoat to cover the possible offenses of those government officials.
Nichols must be offered freedom, with his record cleansed of this case, to start a new life in exchange for revealing the rest of the facts in this case. It is of interest and concern that his attorneys have have not addressed this facet of the case. One attorney and two government officials stated that this facet was not important.
There exists evidence of a possible massive collusion and coverup. In good faith, the Appellate Judges are expected to openly and thoroughly examine all these facts. Oath of Office, Misprision of Felony and other laws stand ready for help. If the County Court feels inadequate to handle this case, they must refer this case to the California State District Attorney immediately.
Two important facts that are needed:
I shall explain. Two laws mandate that if a citizen knows of a crime, he/she must report. Anyone knowing of the Offenses are required to report. The law is specific about school officials. Therefore, anyone who knew but did not report before the Critical Date broke the law. Also, anyone who knows that someone broke the law by not reporting, and in turn did not report, has also broken the law. School officials and enforcers of the law have no reason whatsoever not to know the law.
Big Question
Note: As indicated above, it is vital that Nichols answer these questions under oath and in the presence of the Appellate Judges, who will probably have questions of their own. But they must wait until Forest Glen Durland has completed his exploration.
The main question now is simply: Martin, were you advised, ordered or threatened to remain silent about Prior Knowledge? By whom and Why?
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The Coterie
We will start with the Critical Date, 7-17-02. Skelly had to have known plenty prior to the Critical Date. Otherwise he was not listening to his campus.
Martin, prior to the Critical Date, did Principal Kevin Skelly know of your Offenses toward Boy Doe?
Tell the court about events at that time to further support your testimony.
You resigned in March, 2002, several months before the Critical Date. Was knowledge of your Offenses a factor discussed by Skelly in regard to your resignation?
Did Skelly prompt you to resign? Why?
Did Boy's mother or father contact anyone in Skelly's office regarding the Offenses prior to the Critical Date? That is a most probable action.
Did any of the following people have knowledge of your Offenses prior to the Critical Date, or knowledge that others did know but did not report?
Sarah O'Connell, Skelly's secretary?
Cynthia Ranii, District Superintendent?
Marshall Schulman, your first attorney, from San Francisco? He stated that Skelly's possible prior knowledge was insignificant.
Did any other public officials know prior to the Critical Date?
PE Scandal
Let's discuss the PE Department, now, Martin. There was a very obvious shake-up out there. Deputy Kuyat inquired about Mark Tiafaro, the water polo teacher. Dave Schirtzinger, the tennis coach, disappeared, and Skelly stated that it was best he left. Mike Navrides resigned as athletic director. Michael Davey also taught PE. All this happened as you were leaving. What went on out there?
Why do you think that was kept under cover, yet you were prosecuted? Do you feel that you were unjustly treated?
Let's discuss the Falcon, the Saratoga High School newspaper, Mike Tyer, teacher. Was Tyler ordered not to allow his reporters to investigate a PE Scandal? If so, who ordered?
Homosexual Staff
Steve McCue, art teacher, is openly homosexual and was placed on tenure as you were leaving. How many homosexual teachers are on the staff at Saratoga High School?
What are the names of the homosexual teachers?
Several clubs on campus support homosexuals. What are the names of these organizations?
Do the faculty homosexuals actively support these organizations?
With regard to this discussion of a homosexual faculty, in your opinion, Martin, what is the school district's policy on homosexuality? Do they condone it? Do they encourage it? Was this a factor in your being hired?
Did Principal Skelly or Superintendent Ranii have any knowledge of your homosexual tendencies prior to hiring you? This could help in your being set free. It seems odd that it happened to you so suddenly.
Was there anything about homosexuality in your confidential teaching files?
Should your confidential teaching files be reviewed by the court?
I will state that I knew that Skelly knew that you were homosexual after you were hired. Karen Hyde complained to Skelly in loud tones numerously, and had her boy friend very openly pick her up at school. She was very upset. The kids knew. Dates escape me. Were those events before the Critical Date?
Skelly had to have known plenty prior to the Critical Date.
PR Campaign
Several teachers spoke highly of you when you resigned, Martin. It appeared well organized and well orchestrated. Mike Navrides spoke highly of you as he resigned as athletic director. Bret Yielding spoke well of you. Principal Skelly said good things. All this happened when your resignation was announced.
Later, after the Critical Date, the district divorced itself from the case. Teachers became silent. The administrators said they could not have known that you would do such a thing. Karen Hyde, Assistant Principal, stated that the administration was getting its information from the same place as everyone else – from the media.
If so, why was that done?
Who were the faculty members who participated?
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Summary and Conclusion
Laws possibly violated by the Coterie:
California State Penal Code Section 11164-11174.4 regarding child abuse.
18 USC 4: Misprision of Felony. Those knowing must report.
18 USC 3: Accessory after the Fact, a felony. Those aiding and abetting the guilty become guilty.
18 USC 241: Bars conspiracy against rights in closing the case files to the taxpayers and not allowing personal recorders in the court room. Taxpayers have a right to know and to record.
18 USC 242: Color of Law makes it illegal to deprive rights by closing the files to the taxpayers, and not allowing personal recorders in the court room. Taxpayers have a right to know and to record.
18 USC 1001: Lying is a crime.
“Could have known and should have known”, a precedent set by a 1945 California case and dating all the way back to Abraham Lincoln.
Rule of Law: Rules followed must be set prior to use.
Oath of Office: Must uphold and defend two constitutions, that of California and that of the United States.
Treason: Attempting to destroy our Constitution and/or our Constitutional Republic; aiding and abetting the enemy; punishable by death.
A possibly sexual and Communist upheaval in Saratoga High School has been possibly covered up by collusion, but it must be exposed and prosecuted. All law breakers could have known and should have known. In their tax paid capacity, they have no excuse.
Students know what is happening. In fact, if you want the truth, go to a child. As it stands at the present time, our students have been taught the lesson that it is permissible to break the law if you know the judges. They have been taught that homosexuality is permissible.
It is the responsibility of the court to correct those errors, instructing the danger of the three isms. Instructing the Founding Documents of America is a requirement of the Constitution of the State of California. The Federalist Papers are a Founding Document.
Possibly Alleged List
Those (the Coterie) who may have broken the aforementioned laws are:
Plus anyone else that the investigation discovers.
Closing
John Martin Nichols did not physically touch Boy Doe. Nichols may have been used as a scapegoat to draw attention away from the possible sexual and Communist revolution at Saratoga High School. I ask the court to totally clean the record of John Martin Nichols of this case so he can start a new life. It is assumed that he has learned a critical lesson.
Since Nichols' attorneys did not expose the facts that Durland did, they must refund all monies Nichols paid them. That will give Nichols funds to rebuild his life.
Those (the Coterie) found guilty of violating the laws listed above must:
All applicable statutes of limitations must be stopped and removed.
In the following pages, the three isms, Communism, Socialism and Fascism, have been shown to be closely related and destructive to our Constitutional Republic. It is shown that Communism supports homosexuality as one of its goals. Therefore, anyone supporting the three isms, Communism, Socialism and Fascism, are traitors, guilty of treason, punishable by death.
Since the county District Attorney's office is implicated, it may be advisable to send this case to the California State District Attorney. They are very busy over there in Sacramento, making it difficult for me to contact them.
Landmark Case
This is a landmark case. The implications extend far beyond the campus of Saratoga High School. You three judges have on your shoulders the heavy onus of saving this Constitutional Republic from total collapse into a dictatorship. Your thorough prosecution of those guilty in this case will be a start toward that American goal.
What is happening today is not new. From the farm in the Great Depression here in America, I watched the news of the Rise of the Third Reich. Hitler and his Fascists perpetuated World War II. Whoever controlled that game learned from that experience and are repeating the same scenario today, here in America. But instead of taking male youth from their families and putting them in government schools, “they” now leave the youth with their parents and control the teacher colleges and the publishers that write the text books. In this way they control all public schools, which are now government schools.
When the Soviet Union collapsed, Communism did not die. It merely leap-frogged across the Atlantic and settled in America, where it is alive and well. Since Communism decays into Totalitarianism, the infection of Communism here in America can only have as its ultimate goal the destruction of our Constitutional Republic. Among the documents I will leave for the record are selected Communist goals. Included are the support of homosexuals. The technique is simple: To destroy our government, they must destroy our society. To destroy our society, they must destroy our family structure. To destroy our family structure, they must support the homosexuals, and that is exactly what they are doing. Therefore, anyone supporting the three isms, Communism, Socialism and Fascism, are traitors, guilty of treason, punishable by death.
I, Forest Glen Durland, state that Nichols entered a school environment in which the drug ecstasy was widely used in Saratoga High School, especially among the Asians.
Saratoga High School is one of the leading schools in America. Enrollment is about half Chinese and part East Indian. It leans heavily toward the three isms, with a few good Americans. These youngsters and most of their teachers don't even know what they are and will fight to protect the very weapon that is destroying them. It is the exemplar of weaponry. This presents a grave picture of future America.
By your efficiently prosecuting the possible crimes exposed in this case and making the laws and responsibilities known, you will be taking a vital step toward saving our Constitutional Republic. I do not envy your task and wish you luck.
Documents for the Record
The three most important documents in America history are, in order:
The Federalist Papers have been cited by the Supreme Court of the United States as a definitive document of the Constitution. I consider the Federalist Papers an integral part of the Constitution. The Federalist Papers were written by two of our Founding Fathers, with the help of a third, who were in on the writing of the Constitution. They knew what they were talking about. The Federalist Papers go on and on about how a democracy feeds on itself, destroying all. Our Constitutional Republic was never intended to be a Democracy.
For the record I submit a copy of the Federalist Papers. Reference is made to page 100 in the Rossiter edition.
The Road to Serfdom by Hayek is one of the most important documents in history. He has explained how the three isms, Socialism, Communism and Fascism, together with Democracy, all decay into Totalitarianism, which is a police state, which is a dictatorship. I watched that happen in Germany in the Thirties. It took Hitler three short months to set aside the German Constitution and install his dictatorship. Today, the President of the United States has more power that Hitler ever had. Hitler would be envious. There is nothing wrong with our Constitution. The problem lies with our public servants running our government for us. They have forgotten the Constitution. This bodes ill for our Constitutional Republic.
For the record I submit a copy of Hayek. The references will be found on pages: xxxii, xlii, and 33.
Also for the record, I submit:
Reference is also made to Deliberate Dumbing Down of America by Charlotte Iserbyt, formerly with the Reagan Administration. That reference will be found on the Internet at
<http://www.uhuh.com/education/noamer.htm>.
I humbly ask that all these documents and references be entered into the record for all the world to see.
As a citizen of this United States of America, in accordance with the Misprision of Felony law, I have sought the truth and brought this problem to the attention of the court. I sincerely expect the Court to process this information in good faith.
Forest Glen Durland
Saratoga, CA