Charles Affidavit to Show Cause

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Charles's affidivit to show cause
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  THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANA Kay Kim,Petitioner,))v.))Cause No. 1:09-cv-1221-SEB-JMSState of Indiana, ))Respondent,)) CHARLES CHUANG’S AFFIDAVIT FOR RETURN TO SHOW CAUSE. 1. On November 6, 2008 Kay Kim was arrested in her house by a policeman who came onehour of the incident. A hair dresser assistant to one my neighbor came to my house and buzzed my buzzer because she couldn’t get in the locked security door. Kay Kim wentout and she forced herself into the unit. She hurt my wife’s toe nail with the door.Another neighbor was upstairs and videoing the entire incident. An hour later the Policecame and did not arrest the intruder even though she signed on the Affidavit that sheforced herself through the locked door. The Police did not arrest the person who forcedentry into my complex. Kay Kim was arrested with the following charges: Bodily fluidon another person (spitting); resisting police arrest and battery. The first charge wasdismissed in the jail. Two remaining charges are misdemeanors cases.(Cause# 49F08-0811-CM-254608) 2. When her case goes to the Marion County Criminal Superior Court no judge want to takeher case. The Indiana Supreme Court has to appoint a Special Judge J. Proffitt from theHamilton County Court even though she asked to be excused. The Special Judge refusedto dismiss three old cases (Cause # 49F08-0505-CM-063990, 49F08-0505-CM-112139 1  49F08-0607-CM-140781) which expired Statue of Limitations. The Special Judge did notallow Kay Kim to subpoena the video tape of the actual incident (paragraph #1). The911 tape from the Police Dispatch was mysterious missing. The Judge refused to allowKay Kim to Subpoena a copy of the call records. The Judge felt that Kay Kim cannotrepresent herself or assist counsel (public defender.) 3. Even though Kay Kim has never misbehaved herself in the court room. Kay Kim hasnever been violent or abusive in the court. Kay Kim has filed all the necessary motions ina timely manner. Kay Kim can represent herself pro se in the Federal District Courtsagainst renowned attorneys, Attorney General, and City Attorneys. Only the SpecialJudge in the Marion County Criminal Court believes that she is incompetent to standtrial. The Special Judge ordered Kay Kim to be evaluated by Dr. Parker. Kay Kim wasevaluated by Dr. Parker the third times. Each time his report reflects exactly what theCourt asked for. Kay Kim should be sent to a different psychiatrist for a second opinion.Dr. Parker has a vested interest in ensuring a steady supply of patients to the mentalinstitutions even though he is employed as the Head of Department of Psychiatry inIndiana University. The Logonsport State Hospital is charging $800 per day of her staythere. 4. Kay Kim is a law abiding and non violent citizen. She is handicapped and cannot movecomfortably without a walking stick or powered chair. In China there is a saying: “Aleaky bucket always leak.” Kay Kim has been living in the same condominium village for the last 10 years. There are more than 250 separate families living there. Kay Kim hasnever been convicted of a violent crime. She has never been charged for destroying any property. Since Nov 6, 2006 she has not been arrested again. Dr. Parker certified withmedical certainty that Kay Kim should be committed to a mental institution if the Court 2  concurs because she is a danger to her community. Under IC 11-12-3.7 6 “violentoffences” include “battery “(IC 35-42-21.5) as Class A Felony, Class B Felony and ClassC Felony). So under Indiana Law her misdemeanor charge is not classified as “violent.”Dr. Parker has no evidence whatsoever. He believed that “Police do not lie.” and heassumed one is always guilty as charged. Dr. Parker flagrantly violated R704(b) whichstates “no expert witness testifying with respect to the mental state or condition of adefendant in a criminal may state an opinion or inference as to whether the defendant didor did not have the mental state or condition constituting an element of the crime chargedof a defense thereto. Such ultimate issues are matters for the trier of fact alone.” Dr.Parker maliciously and intentionally added the “danger” so that the court can commitKay Kim. Under Indiana Law a doctor must commit a person to a mental institution if he thinks that he is a risk to himself or to the society. He left it to the Court whichcommitted Kay Kim four months after his evaluation. 5. Judge Proffitt violated Kay Kim’s civil rights by taking her rights to represent herself without a competency hearing. Judge Proffitt takes the testimony of Dr. Parker who is being sued by Kay Kim in the Federal District Court (Cause 1:09-cv-0829). JudgeProffitt did not allow Kay Kim to question or cross examine the testimony against her which is a violation of her civil rights. Judge Proffitt gave Dr. Parker the three caseswith expired Statue of Limitation which is a violation of Kay Kim rights to due process.Kay Kim was committed to a mental institution on September 25, 2009. This is a verycruel and unusual punishment for a misdemeanor case. For life without parole a personmust be convicted beyond doubt by a jury of his peers. In this case Kay Kim can becommitted indefinitely – for life just because the report of a single psychiatrist. No onehas come to my neighborhood to determine the sanity of Kay Kim. No one has ever  3  asked me to verify her sanity. Kay Kim was also evaluated by three different state psychiatrists at the time of each arrest. They all verified that Kay Kim does not have anyevidence of psychosis and is tested negative for any drug abuse. Dr. Parker is ironicallythe same person who can certify that Kay Kim is fit to stand trial. 6. Kay Kim has been in the Marion County Jail from September 25, 2009 till October 14,2009. The Court wanted her to post a $1,000 surety bond. When I paid the bond the jailrefused to release her. She was sent to the Logonsport State Hospital in Logonsport,Indiana. In the State Hospital she is “tortured” physically and mentally by the staff.They make her sit up 18 hours a day. She cannot have a walking stick or a wheel chair.They gave her a walker that is of no help to her chronic pain. Kay Kim is not allowed tosit down on the floor or rest in the bed room. Her blood pressure got as high as 180/120.They forced her to take medication instead of letting her rest. The medication upset her stomach and acid reflux gets into her throat and mouth. She has diarrheal continuouslyfor 4 days. They refused to give her Maalox™ or ImmodiumAD™. They claimed she isfaking and has to keep her stool to show the nurse. She doe not have a knee and thenurse forced her to bend her leg. Finally she went to x-ray her leg. Under IC 12-26-6-8 a person committed to an institution must be evaluated in a community mental healthnearest to his home. She was in the Marion County Jail for 19 days in jail and sentdirectly to Logonsport State Hospital. The State Hospital did not provide adequate andreasonable care for her physical disability. Kay Kim is not been treated for any mentaldisability. I offered to bring my own wheel chair for her but has not got a reply yet. ThePsychiatric also told Kay Kim on the first day that “battery is a very serious crime. “ 7. Since Kay Kim has no way out I petitioned for a writ of habeas corpus in the FederalCourt (1:09-cv-1221). This court allowed the State of Indiana to show cause within 20 4
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