Motion for Discovery Reveals DOJ’s Colluded Conspiracy to Deny Constitutional Rights

Community Support Foundation
October 31, 2023
Logan, Utah

Breaking News: Motion for Discovery Reveals DOJ’s Colluded Conspiracy to Deny Constitutional Rights

On October 30, 2023 Ken Cromar filed a Motion to Dismiss stating:

Defendant in error, Paul-Kenneth Cromar, respectfully requests this Honorable Court dismiss the above-captioned cause (Motion to Dismiss). This motion is based on the following grounds and authorities.

Plaintiff refuses to provide all 697 discovery files crucial to the defense and has caused unnecessary delays in court proceedings. As of October 30, 2023 Plaintiff is over forty days late in providing discovery to Defendant who has not yet received the complete discovery package which was due September 19, 2023. The rules of the Weber County Correctional Facility (WCCF) prohibit the Defendant to be privy to any discovery that may be waiting for him at the WCCF, and has made it clear to Defendant that they are not obligated to deliver anything coming from Plaintiff to Defendant that is not within their choice and/or convenience. Defendant is not obligated to carry the burden of making sure that everything from Plaintiff to WCCF is delivered to him. Additionally, Plaintiff’s failure to comply with discovery has hindered the Defendant’s right to a speedy trial and has caused undo suffering, distress and extended incarceration.

Argument

1. Plaintiff Has Failed to Provide Full Discovery

Defendant has fully complied with discovery requests made by the Plaintiff. The Plaintiff, however, has failed to provide essential discovery crucial to the defense. As a result, the Defendant has suffered undue hardship, extensive delays, and unnecessary litigation costs. Additionally, the Plaintiff’s failure to comply with Discovery in this case has hindered the Defendant’s right to a speedy trial.

2. Defendant Has Been Burdened with Obtaining Discovery Documents

Plaintiff’s argument is that they have provided at least partial discovery to the WCCF, which came on a non functioning tablet, due to a weak charge. Defendant is not responsible for producing a charged functional tablet with a battery promised by Plaintiff. The WCCF has firmly been unwilling to provide information to Defendant if any Discovery will or has been received from Plaintiff. As a result, the Defendant has suffered a disproportionate and impossible burden to obtain comprehensive review of the complete discovery package which is imperative to the Defendant.

3. Plaintiff’s Failure to Comply with Discovery has Hindered Defendant’s Right to a Speedy Trial.

The Plaintiff’s failure to comply with discovery has also hindered the Defendant’s right to a speedy trial. The Defendant has faced extensive delays and unnecessary litigation costs due to the Plaintiff’s ongoing failure to provide necessary documents regardless of their frivolous excuses, including the excuse that the WCCF is responsible for their failure “It is not the government’s fault.”

4. Plaintiff’s weak solution for providing Discovery are an Infringement of Defendant’s Constitutional Rights.

Plaintiff’s weak and bias solution to the problem of providing Defendant the well overdue discovery is to transfer Defendant to another detention facility, acknowledging the fact that the rules of the facility may not provide this service. The court has made it clear that the rules of all inmate facilities that have, a contract with the court is to be respected and will not be interfered with, thus, even if Defendant were to agree to the change of facilities, it is not guaranteed that he would receive discovery. Defendant is now under pressure that if he does not consent to the transfer, or if he does not consent to assist Plaintiff’s burden with their discovery obligation, Defendant fears that he will not have a chance to defend himself.

Conclusion

For the foregoing reasons, including but not limited to the fact that Defendant has suffered unnecessary incarceration for over 60 days, and has yet been able to receive the discovery and for Plaintiff to show cause why this court should not immediately release the Defendant/prisoner in error, Defendant respectfully requests this Honorable Court to grant Defendant’s Motion to Dismiss, suspend all pending proceedings, and enter an order dismissing the claim(s) with prejudice.’

The Government’s claims, “its not the government’s fault” and the supporting statements made by the Magistrate are as unfounded and ridiculous as an errant school boy’s claim that “the dog ate my homework.”

Where there is smoke, there is fire!

Tom Fairbanks
Intelligence Support Activity (ISA)
Community Health Advocate
Community Support Foundation
communitysupportfoundaation@protonmail.com