r Case 1:06-cv-02954-WSD Document 58 Filed 03/23/2007 Page 1 of 11

RO IN CLERKS OFnCE
U .s .a.c. A :ia nc a

IN THE UNITED STATES DISTRICT COURT MAR 2 3 2007

FOR THE NORTBERN DISTRICT OF G EORGIA
ATLANTA , DIVISION JAMES N . HATTEN, CLERK
BY-.
JAMES B STEGEMAN, ) Ok ,
Plaintiff ) CIVIL ACTION

v )FILE NO . : 1 :06-cv-2954WSD
}
STATE OF GEORGIA, et al ., )
DEKALB COUNTY et al ., )
LT. HUGHETT Official & Individually )
D OARLOCK Official & Individually )
OFFICER PORTER Official & Individually)
STATE COURT OF GEORGIA; )
DEKALB COUNTY SOLICITOR'S )
OFFICE; )
JANE DOE 0. ~
JOHN DOE 01-100 ; }
Defendants }

PLAINTIFF'S PETITION FOR PERMISSION AND ASSISTANCE TO

PRESENT EVIDENCE OF CRIMINAL ACTIVITY TO THE FEDERAL
GRAND JURY AND REQUEST AN INVESTIGATION

COMES NOW Pro-Se Plaintiff James B . Stegeman and files his Petition

requesting Permission and assistance in having evidence of criminal activities

presented to The Federal Grand Jury and request an investigation into federal

criminal activities committed against Plaintiff.

The defendants cannot and have not tried to refute the overwhelming

documented evidence and allegations against them . Some defendants have gone so
 Case 1:06-cv-02954-WSD Document 58 Filed 03/23/2007 Page 2 of 11

far as to hypothesize that the Plaintiff is to blame for the events that took place

while offering none of the needed supporting evidence to refute Plaintiff's claims .

To date the defendants hide behind claims that statute of limitations has run out

and arrogantly stating that there have been no arrests or prosecutions .

There has been no denial that the acts were criminal acts as Plaintiff has

alleged, instead the defendants depend upon theoretical immunities which under

the circumstances is not available to them.

For the above stated reasons and reasons stated in the following In Support

of Plaintiff s Petition, Plaintiff MOVES this Honorable Court for permission and

assistance .

IN SUPPORT OF PLAINTIFF'S PETITION

Plaintiff tried to have DeKalb County District Attorneys Office and The

State of Georgia look at his evidence and investigate his allegations, Plaintiff's

pleas fell upon blind eyes and deaf ears after seeing that the allegations involved

"one o f their own" .

The value of the lives of the less fortunate, socially and economically under-

privileged disabled and elderly citizens within the State of Georgia are deemed to

be less valuable than the lives of the ones who committed these crimes .

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1. Title 42, Chapter 126 1 2101 .'

Title 42, Chapter 1 26 § 12101 . The Federal government has been

designated by Congress to play a key role in the enforcing the
standards and the fourteenth amendment on behalf of the disabled
because unlike racial and other minorities, the disabled have no
advocates, thereby the Federal government has been designated by
Congress as the advocate for disabled .

IL Title 42, Chapter 21, Subchapter V- Federall Ass i sted Programs

§ 2000D-4a . "Program of activity" and "program" defined : mean all

operations of:

(1)(A) a department, agency, special purpose district, or other

instrumentality of a State or of a local government ; or
(B) the entity of such State or local government that distributes such
assistance and each such department or agency (and each other State
or local government entity) to which the assistance is extended, in the
case of assistance to a State or local government ;

any part of which is extended Federal financial assistance .

ia Department of Resources
The Georgia

Date: 10/19/01, Review date : 11/01/2007, Index : P4L5500, Subject :

Adult Protective Services :

Y § 12101 . Findings and purpose : (b) Purpose It is the purpose of this

chapter- (1) to provide a clear and comprehensive national mandate for the
elimination of discrimination against individuals with disabilities ; (2) to provide
clear, strong, consistent, enforceable standards addressing discrimination against
individuals with disabilities ; (3) to ensure that the Federal Government plays a
central role in enforcing the standards . . . on behalf of individuals with disabilities ;
and (4) to invoke the sweep of congressional authority, including the power to
enforce the fourteenth amendment and to regulate commerce, in order to address
the major areas of discrimination faced day-to-day by people with disabilities

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..

"P°li~ : to protect the welfare of the disabled adults and elder

persons who are subject to abuse, neglect or exploitation . . . ."

A . Authority: O.C.G.A. § 30-5-1 to O.C .G.A. § 30-5-10 (Protection

of Disabled Adults and Elder Persons)

B . References : Title XX of the Social Security Act, Social Services

Block Grant, O .C.G.A . § 29-5-2 Guardians of Incapacitated Adults

III. THE FIRST AMENDM ENT

The First Amendment, United States Constitution, guarantees the right

"to petition the government for redress of grievances ."

The Petition Clause protects people's rights to make their wishes and

interests known to governmental representatives in the legislature, judiciary and

executive branches .

Norr Motor Frei ht Inc . 81 S .Ct. at 530-531 Trucking Unlimited

92 S .Ct . at 611-612 . See also McDonald v . Smith-105 S .Ct. 2787,
2789 1955 (noting that James Madison in congressional debate on
petition clause made clear that people have the right to communicate

Protective services : services necessary to protect a disabled adult or elder

person from abuse, neglect or exploitation. . . . Abuse : willful infliction of-,mental
mental
anguish, unreasonable confinement, willful deprivation of essential services to a
disabled adult . . . N
~1 : the absence or omission of essential services to the
degree that it harms or threatens with harm the physical or emotional health . . .
Essential Services : . . .legal services necessary to safeguard the person's rights and
resources and to maintain the physical and mental well being . These services
include . . ., but do not include the taking into physical custody of the person
without the person's consent . Exploitation : the illegal or improper use of a
disabled adult or elder person or that person's resources for another's profit or
gain.
 Case 1:06-cv-02954-WSD Document 58 Filed 03/23/2007 Page 5 of 11

their will through direct petitions to the legislature and governmental

officials .)

"Public policy demands that the citizen, without hazard to himself,

may freely bring before the grand jury the fact that a crime has been
committed, request an investigation, and furnish such information as
he has in aid of the investigation . In this the citizen is not a
prosecutor." ; In re Lester, 77 Ga . 143, 1886 WL 1476, at 3 (Ga.
1886 (holding that "an citizen" can prosecute offenses or "give
information of the fact to the grand jury" ), State v. Stewart, 45 La.
Ann . 1164, 14 So. 143, 145 (La. 1893

IV. THE ORGANIZED CRIME ACT OF 1 970

The Organized Crime Control Act of 1970 includes several provisions

designed to encourage citizens to report crimes and to guard against the possibility

of government corruption .

One section provides that :

It shall be the duty of each [special] grand jury .. . to inquire into

offenses against the criminal laws of the United States alleged to have
been committed within that district . Such alleged offenses may be
brought to the attention of the grand jury by the court or by any
attorney appearing on behalf of the United States for the presentation
of evidence . Any such attorney receiving information concerning
such an alleged offense from any other person shall, if requested by
such other person, inform the grand jury of such alleged offense, the
identity of such other person, and such attorney's action or
recommendation .

18 U.S.C. s 3332(a) .

Section 3332 says on its face that the U .S . Attorney "shall" present to
the grand jury information provided by "any person," and one district

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court has held that any person has standing to enforce this duty . See
In re Grand J Application, 617 F. Su .199 (S.D.N.Y. 1985
(granting mandamus to enforce s 3332 ); see also Simpson, 902 F .
Swap . at 254 (dictum) .

The facts clearly show that felonious crimes have been committed by the

very entities that are to protect citizens and uphold the law . This cannot be

tolerated. The citizens of The United States must be shown that statutes, rules,

regulations are applicable to all ; that one's position in society does not grant them

total immunity when committing criminal acts.

U.S . SUPREME COURT ELKINS v . UNITED STATES 364 U.S.

206 (1960) 364 U .S. 206 ELKINS ET AL. v. UNITED STATES .
CERTIORARI TO TIC UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT . No. 126. Argued March 28-29,1960.
Decided June 27, 1960 . :

"But there is another consideration - the i mperative of judic ial

integrity . It was of this that Mr . Justice Holmes and Mr . Justice
Brande is so eloquently spoke in Olmstead v. United . States, 277 U .S.
438 at 469, 471, more than 30 years ago . : "For those who f364
U.S . 206, 2231 agree with me," said Mr . Justice Holmes, "no
distinction can be taken between the Government as prosecutor and
the Government as judge ." 277 U .S , at 470 . (Dissenting opinion.)
"In a government of laws," said Mr . Justice Brandei s, "existence of
the government will be imperiled if it fails to observe the law
scrupulously. Our Government is the potent, the omnipresent teacher .
For good or for ill, it teaches the whole people by its example. Crime
is contagious . If the Government becomes a lawbreaker, it breeds
contempt for law; it invites every man to become a law unto himself;
it invites anarchy. To declare that in the administration of the
criminal law the end just ifies the means - to declare that the
Government may commit crimes in order to secure the conviction of

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a private criminal - would bring terrible retribution . Against that

pernicious doctrine this Court should resolutely set its face ." 277
U.S ., at 485 . (Dissenting opinion .)"

The above is referencing crimes committed in order to prosecute a criminal,

Plaintiff realizes it is not quite the same thing, but the following phrases holds true

to the matter at hand or any matter where legal authorities are breaking the laws :

"the imperative of judicial integrity" and "In a government of laws," said

Mr. Justice Brandeis, "existence of the government will be imperiled if it fails to

observe the law scrupulously. Our Government is the potent, the omnipresent

teacher . For good or for ill, it teaches the whole people by its example . Crime is

contagious. If the Government becomes a lawbreaker, it breeds contempt for law ;

it invites every man to become a law unto himself; it invites anarchy ."

V. FACTS

The Plaintiff has shown these facts : the defendants : conspired ; violated their

Oaths of Office; violated the Civil and Constitutional Rights of a "Disabled Adult"

and an "Elder Adult" while acting "under color of law"

Persecution of a Disabled Adult in order to get custody of an elderly

incompetent adult driven by greed, retaliation and moral turpitude . The belief was

that the elderly incompetent adult had investments worth over $600,000, they were

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wrong . FACT : the investments belonged to Ms . McDonald and Mr . Stegeman,

JTWRS . 3 This did not stop these criminals .

Every Rule, Procedure, Regulation and Statute regarding disabled and

elderly was violated with one end in mind, financial gain .

The total disregard for the law, lack of concern for the disabled, and the

untimely preventable death of an elderly incompetent, shows neglect and moral

turpitude .

CONCLUSION

The criminal acts were too easily accomplished and covered up with no fear

of retribution, this is obviously not the first time these predators have preyed upon

those who are less fortunate . Research, observations, responses complaints filed,

indicate that similar situations have happened before and will happen again . God

help us all . When we grow old we expect and believe that the law and those who

control the law will protect us not abuse, exploit and take advantage of us .

3 Ste emanlMcDonald v . Wachovia Bank\Wachovia Securities Superior

Court for fraud, conspiracy, etc ., Civil Action File No. : 06cv1065-1, changed to
Civil Action File No . : 06ev106S-8, Removed by Wachovia to U .S. District Court
by filing to wrong Judge showing File No . : 06cv1065-1, United States District
Court File No . : 06-cv-00247-WSD, Remanded by US District Court to Superior
Court Civil Action File No . : 06cv1065-5, again changed to File No . : Obcv106S-8.

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This is a matter of great importance and public interest . The laws of The

United States and The State of Georgia dictate that these acts are crimes and

mandate that these criminals must be stopped and punished . We will all grow old,

some of us will have family living that will be there for them when the time comes,

some of us will have none .

This type of predator must be stopped . In this particular case, a loving and

caring family put up a long drawn out fight attempting to stop these predators .

This loving caring family learned that these predators, use the legal system, abuse

their positions to prey upon the less fortunate and will not stop on their own, they

must be forced to stop .

The Plaintiff in this Civil Action MOVES this Honorable Court for

permission and assistance in having evidence presented before the Federal Grand

Jury and the request of an investigation into the criminal activities against the

Plaintiff for the sake of every person who w ill grow old.

For your Honor 's convenience, Plaintiff has attached hereto an outline of the

alleged offenses as "Exhibit A" .

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Respectfully Submitted , this 21 " day of March, 2007

stone mountain, tjti juuus

(770) 879- 8 737

CE RTIFICATE OF COMPLIANCE

In compliance with LR 7. ID, N.D. Ga., I certify that the foregoing Petition

has been prepared in conformity with LR 5 .1, N.D. GA. This Petition was

prepared with Times New Roman (14 point) type, with a top margin of one and

one-half (1 .5") inches and a left margin of one (1") inch, is proportionately spaced .

This 21' day of March, 2007

LI ILiIIC 1V.LUUIILU IIl, lJti JV Vb 3

(770) 87 9- 8737

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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was mailed to the defendants

through their attorney on record by causing a true and correct copy of same, to be

deposited into The United States Postal Service, proper postage affixed as follows :

Matthew R . LaValle
Daley, Koster & LaValle, LLC
Overlook 1
2849 Paces Ferry Rd., Suite 160
Atlanta, GA 30339

Mr. Carothers
278 West Main St
Buford, GA 30518

Brenda. A. Raspberry or
Terri N. Cordon
DeKalb County Law Department
1300 Commerce Drive, 5th Floor
Decatur, GA 30030

This 215` day of March, 2007 .

Stone Mountain, GA 30083

(770) 879-8737

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