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Posted 1:00 AM Eastern

by David Bresnahan
December 21, 2005


Sometimes it is the little things that defeat the bad guys, says Gene Forte. He compares the evidence he now has about public officials and judicial corruption to what put Al Capone behind bars.

MONTEREY, Calif. -- Gene Forte, who is acting as his own lawyer, believes he has a strong case to prove corruption in the highest offices in the State of California.

Forte has charged Gov. Arnold Schwarzenegger, Attorney General Bill Lockyer, judges for the Monterey Superior Court, other public officials, as well as members of the local Monterey media with corruption. He compares his legal battle with the method used to ultimately catch Al Capone.

"This is the Achilles heel of my adversaries. It can be compared to what happened to Al Capone. He did not go to jail for all of the murders. He went to jail for tax evasion. What will bring them down is the fact that the small claims case of Forte vs. Flippo can be shown without a reasonable doubt to have been fixed by Flippo and Commissioner Rutledge," said Forte.

Forte filed a lawsuit against Monterey Superior Court Judge Robert O'Farrell. Separately, a month before, he had filed a small claims suit against Monterey District Attorney Dean Flippo and Assistant Deputy District Attorney Terry Spitz.

Forte says the dirty tactics used to get his small claims case dismissed were more than dirty -- they were illegal. He says those tactics were so blatant, and so easy to document and prove, that it will ultimately be the undoing of the officials involved.

The complicated nature of his corruption charges are simplified by the Forte vs. Flippo case, which Forte believes will enable average citizens to more easily understand what has taken place. The events of this case are many, but summarized below:

  • Forte filed the small claims case on Nov. 19, 2004, and the certified letter to the defendants was mailed to them on Nov. 24, according to court records. Interestingly the defendants signed for that mailing before it was even mailed. They signed on Nov. 19, the very same day it was filed.

  • The case was assigned to be heard by Commissioner Richard Rutledge on Jan. 5, 2005. At that time Rutledge refused to disqualify himself from the case as requested by Forte. According to Forte the law requires a commissioner not hear a case if both parties do not agree to the commissioner. This resulted in a Challenge for Cause to be filed by Forte to seek disqualification of Rutledge. An order was issued denying the Challenge for Cause, "by what purports to be a part time judge or traffic commissioner in Stanislaus County. I was not notified in any way who was assigned to decide the Challenge for Cause," said Forte.

  • On April 27, 2005 Forte filed with the court a change of address notice. On May 16, 2005 the court set a trial date for May 23, 2005. The court date was set by Rutledge and a notice was mailed to Forte's old address. This information is a matter of record and shows in the court file registry.

  • Forte was not at the court on May 23 because he never received the notice. Rutledge was also not there. Commissioner Diana Baker took his place and entered a default judgement because of the non-appearance of Forte. Forte says that setting the court trial date just 7 days from May 16 to be heard May 23 was evidence of corruption by setting up a default judgment for Flippo against Forte. He said it was also a corrupt system that allegedly sent the trial notice to his old address instead of the new one. He never received it even though there was a U.S. Postal forwarding in place to his new address. Forte also pointed out that Rutledge was not the trial judge at the hearing and replaced himself with another judge who had no idea what was going on in order to insure that a default judgement would be the outcome.

  • According to court records on July 18, 2005, a Notice of Entry of Judgement was mailed to Forte's old address. That notice was not received by Forte until early September 2005.

  • Forte became aware of the default judgment only when he wrote a letter to Deputy Dist. Attorney Terry Spitz in which he complained of a conflict of interest of Flippo who was conducting an investigation of Rutledge concerning ticket fixing and obstruction of justice in a separate case unrelated to Forte. Spitz responded with a letter telling Forte of the default judgement. Rutledge was the judge in Forte's case against Flippo and Spitz, yet separately, Flippo was investigating Rutledge.

  • On Oct. 12, 2005 the files pertaining to Forte vs. Flippo were missing from the court records, according to Monterey Superior Court clerk, Diana Valenzuela. On Oct. 21, 2005, the records were suddenly found after Forte sent letters to the Monterey Superior Court judges and the District Attorney offices. Still missing from the file is the change of address notice filed by Forte. However, Valenzuela, confirmed that the document does show up as being filed in the file registry of the court. Forte points out that the Presiding Judge of the court is none other than O'Farrell, who Forte is suing in a separate case.

"The evidence is both reliable and substantial. It indicates that Dist. Attorney Flippo, Assistant Dist. Attorney Spitz, Commissioner Rutledge, and other parties conspired to, and in fact did, obstruct justice in the case. The default judgment was �fixed' by the setting of a trial within seven days of the order signed by Rutledge. It was then allegedly mailed to an old address. No judge gives a seven-day notice of a trial," explained Forte.

Forte has issued a demand for federal intervention citing Title 18 U.S.C. Section 3. He believes the Monterey Superior Court, and the offices of the Attorney General, Dist. Attorney, and even the Governor of Calif. have all been involved in a conspiracy to conceal the public official corruption. Even though Forte has spent well over $1.5 million dollars and five years in documenting the fixing of a real estate case, it is the small claims case fixed by Flippo and Spitz to avoid paying a $35.00 filing fee that is going to be their Achilles Heel for them all. "It is the same thing that happened to Al Capone, it wasn�t the major crimes, it was the small stupid one that nailed him," Forte says. He has asked the federal government to step in and take control of those offices.

"It will show the DA covering up the evidence of his own obstruction of justice in his own case while conducting an investigation of Rutledge which he could not conduct. It will show that all the Monterey Superior Court judges knew about it, and it will show that Gov. Schwarzenegger, AG Lockyer, and State Senator Jeff Denham knew all about it due to my mailing the information to them. It will show that the FBI knew about it and confirmed it was a crime, but did nothing about it. It will show that the Monterey media knew about it and said nothing about it. The common man can understand a small claims action and how it got fixed," explained Forte.

Forte filed a lawsuit against O'Farrell, Flippo, and others with charges of corruption in the Monterey Superior Court. Such charges merit an investigation by the Calif. Attorney General, according to Forte.

"Lockyer should be investigating O'Farrell and others, but instead he is their lawyer. He is defending them. O'Farrell has messed up so badly that he has turned to the head lawyer of the state for his defense. Maybe he thinks that will intimidate me, but what it really shows is that he is the one who is scared. That shows without question that the �good o'le boy' network is taking care of its own," said Forte.

On Aug. 31, 2004 Forte wrote and won an appeal detailing the corruption of the Monterey Superior Court. He requested that the Calif. 6th Appellate Court abide by the law and report the matter to authorities. He was ignored.

"The law requires that there be an investigation and a referral of the matter to a State Grand Jury. They have ignored that and did nothing. That shows that the 6th Appellate Court Justices are now a party to covering up the corruption I am trying to bring to light," said Forte. "The system of checks and balances put in place to protect the people, is inoperative."

On Nov. 16, 2005 Forte made Calif. legal history when a declaration from a witness was submitted to the court in Forte v. O'Farrell. The declaration caused so much concern that the Calif. Attorney General had it stricken from the record and sealed a few days later.

Why? Perhaps because the declaration provided sworn testimony from an eye witness that judges in the Monterey court conspire to fix the judicial assignments and outcomes of court cases.

"The declaration by Crystal Powser, among other things, alleged that she was told by Judge Michael Fields that he and the other judges involved in the investigation of Santa Barbara County Judge Diana Hall had determined in advance to find her guilty. It was clear evidence that case fixing and corruption was going on as I had charged at the highest levels," said Forte.

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Forte forwarded copies of the Powser declaration to most of the Calif. media and sent it out on the press wires prior to Lockyer having the document sealed. The Calif. media focused on the claims in the declaration of unwanted sexual advances towards Powser, and the more significant claims of corruption were virtually ignored.

"Their biggest problem is that I won't go away," said Forte. "Their tactics may work to intimidate others, but not me."

So Gene Forte, without a lawyer, continues his fight. A "David vs. Goliath" battle that has Goliath on the run.

Forte maintains a web site with detailed information and document pertaining to his legal battle at

Click here to read part -----> 1, 2, 3, of this ongoing story.

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On Nov. 16, 2005 Forte made Calif. legal history when a declaration from a witness was submitted to the court in Forte v. O'Farrell. The declaration caused so much concern that the Calif. Attorney General had it stricken from the record and sealed a few days later.