Advocacy

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  1. Well for starter please excuse if this seem hard to follow or legal terms I aim just a us citizen just a 12th grade education asking more like pleading for fair justice that cant seem to be given in five years from up wards judges Numerous paid attorneys and appointed attorneys asking one thing of them to bring this mess to trial I thought this was every US citizen right how untrue the courts just throw you in mental civil commitment to shut you up and cover up the courts mess on fair and illegal doing I 16 big boxes of the courts paperwork of nothing judges don’t even want to put there name to this case or should I say cases the changes come and go change this pretty much say it all my father is incompetent declared by the courts mind you not the Hospital how ever he’s competent if he would pleads guilty this is our justice system so many probably defend and honor the justice system or should I say sham? this is a letter I wrote pleading for help and the more of the same on going cover up that taking place that has not been up dated it already 7 pages I cant hand out a book asking for help of this mess and the Courts know this they cleaned up there paper tail and procedures but I have box and box of there bull many of you may find this entertaining to read this some might even find it funny because it truly is a JOKE how its been the falling and de mines of my family victims of US state, county, & or municipal government sponsored persecution on multiple fronts including: assault, battery, false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, financial rape, interference with contract rights, infliction of mental and psychological anguish, false identification as a civilly incompetent citizen, extraordinarily slow and untimely legal process, culminating in gross violation of civil rights. Ray has been held against his will, confined and isolated most days, from early October 2009 onward. A mysterious, but pervasive court directed focus, seeks to brandish Ray as not just mentally ill but dangerous to others. Such labels would keep Ray squarely apart from his federally constitutional right of receiving a jury trial. The primary arguments which keep Ray incarcerated, bouncing between a downtown jail and two different mental-health hospitals for assessment appear inconsistent, even fabricated, when an unbiased mind considers all of the lengthy and complex facts regarding his case. [must reveal the Kortus atrocity] More often than not, when psychologists, from the state mental health facilities study and evaluate Ray, they find him competent enough to stand trial or at least to go home. Heck, not a single friend or relative or Ray agrees with the notion that he may be incompetent, sometimes he is difficult, but he is sincere and honest by any measure that could be applied to an individual.
    An evaluation performed at Hennepin County Medical Center, comprising one of four major psychological and mental evaluations of Mr. Kmetz, supported possible fact that Ray’s mental health appears intact, was left out of subsequent court decisions. I called one of the people at Human Services and Public Health Resources who administers these reviews and I asked them how come the favorable review wasn’t used. They stated they did not know why the courts did not use the evaluation. They also stated that typically the courts would use the evaluation as well as call them (person(s) who administered the evaluation) as a witness. The program is mandated to facilitate the commitment process by working with the patient, treatment community, County Attorney’s Office, and family members. PSP works to divert individuals from commitment whenever possible by developing a less-restrictive alternative. The court appointed psychologists, with much less time to study and evaluate Ray, come to the conclusion that he is incompetent, moderately likely but not totally for certain suffering from delusional disorder of persecutory circumstances.
    We who represent his family and friends, are asking that a fair and judicial third party come in to view to facts on this case because we believe that expected and anticipated assurances of fairness and due process have not yet come to fruition. What the state of Minnesota has known from day one, that a cascade of expensive legal, medical, and police action spanning four years, has origins in what started as a simple lease and property dispute involving a land lease arrangement of inner-suburban land. Soo Line RR corp. and new property owner who shows no respect to a good tenant and even less regard to the legal bonds created by twelve plus years of pre-paid, by-the-year, land lease agreements. Starting late summer of 2008, an unprecedented number of setbacks, attorneys, judges, and debts decimated not just Ray’s retirement, but his successful landscaping and contracting business, both his business and personal financial reserves, the very foundation of his family, and his dignity.

    1.)Obstruction of Legal Process with Force
    2.)Trespass
    3.)Disorderly Conduct -Charged 10/21/08

    [what are these charges, and why did he commit these unorthodox events.] The not support decision was conveyed to the petitioner – Hennepin County agency, as appeals is not possible per longstanding policy. Thus, this case will be closed as a diversion. What does this mean? How come when the two agencies agree they can use the evaluation in court and call the evaluator as a witness, however if they do not agree then they just close the Human Services and Public Health Resources case as a diversion.
    By April of the following year, things have escalated, and an uncontrollable domino effect of cascading legal issues force Ray to acquire a team of lawyers spanning numerous areas of expertise. Dozens of legal charges, several hundred court hearing dates, four years without any legal breakthroughs, painted a dark endless battle where the real harbinger(s) of strategy working so squarely on denying Ray justice or freedom operate invisibly and tie all the separate environmental, criminal, civil, federal, mental health court cases into an impenetrable legal fracas from which possibly no American citizen might escape. Throughout this ordeal, Ray’s finances have completely drained, much of this financial loss is a result of needing to hire more than a dozen attorneys, some of which, have not only worked against his wishes, but have actually worked to keep him in confinement, much, much longer than need be. It appears that at least two of his own defense attorneys collaborated with the courts in agreeing that Ray should undergo multiple six-month isolated evaluation periods.
    A local law firm that cannot help Ray at this stage of the game has perused the surface of Ray’s legal circumstances and has come to the conclusion that Ray has been royally shafted by the entire process. They declared that if Mr. Kmetz was found guilty of all three original felony charges, the amount of physical, mental, financial, and time locked up, that he has already paid, is significantly more than enough punishment to fit this type of first time offender. It is under these circumstances that we are seeking additional help in ensuring that he receives fair due process as he navigates his legal and mental-health-status challenges.
    When coupled with quick, analysis by a therapist, or court appointed psychologist, it could be construed that Ray must be delusional about his situation, but as his story continues to remain constant from year to year. It becomes more apparent to family and friends that his presentation of the facts are being scuttled, and possibly purposefully so. Precise psychiatrists, note that the set of legal circumstances facing Ray are inordinately complex, therefore it is possible that what sounds unbelievable, may indeed be happening to Ray. Other psychiatrists, will declare Ray mentally ill while conveniently failing to mention temporary opioid based medications which would certainly skew the results of any 15-20 minute court appointed mental health evaluation. Here are some of the facts, not necessarily in chronological order, behind the weighty and invisible forces keeping Ray in a devastating state of confinement and isolation:
    1) This paragraph is important because it overshadows the almost 40 years that Ray’s family has lived and operated Ray’s Contracting and Landscaping in the municipalities of Crystal and New Hope, Minnesota. It appears that a city prosecutor has been working against the Kmetz’ interests (1 mixed-use residential location; 1 rail-road straddling business location) since the mid-to-late 1990’s it has been the city’s wish that a final rectangular block of industrially zoned land, Ray’s property, fully redevelop to modern industrial buildings, however Ray was legally grandfathered into the property that he purchase, and for 35 years, has utilized the mixed-use 2-acre property for both his family’s living and business activities (landscaping/contracting). The city had always placed stricter standards on what may lie on his fenced-in property, even though adjacent industrial property had noticeable numbers of vehicles and product out in the open. For example, no more than two work vehicles may exist un-garaged on his fully fenced property at any given time.
    2) Inaccurate, diagnosis of psychosis and delusion partially based upon persecutory circumstances. It is difficult for Ray to property describe more than 20 years of persecution, stemming from two municipalities, the police, adjacent land owners, potentially inept attorneys, and a judicial system which seems unfairly stacked against him. (make sure that Ray is considered competent by most psychologists until and only until being doped up and tazered).
    (Hennepin county courts were aware that Henn C Jail was unequipped to deal with Ray’s medical issues, a nurse even testified this fact. Seasons later, when Ray is mysteriously moved out of said jail, the supposedly full St Peter state medical center, took Ray in immediately, particularly due to the poor physical and physiological health of this man.)
    3) This squarely blocked Ray from receiving his primary wish of a fair, timely jury trial, of an original set of civil circumstances to determine:
    A) Property ownership, specifically of a warehouse which was located at 5207 Douglas Ave N in Crystal, MN. Ray had a pre-paid lease of railroad straddling land, which was paid for and was renewed yearly, rather than monthly. Additionally he paid, along with the insurance, the utilities, and taxes for the parcel. All improvements upon the land were his doing, and his responsibility. Adjacent land leaseholders held very similar contractual arrangements with Soo-Line Railroad. JF Holdings bought the land around June of 2008 but failed to properly adhere to the legal weight of the existing year-to-year lease that Ray formed back in 1998 with the previous landowner, Soo-Line Railroad. JF Holdings was given approximately $5400 and told that this is the remainder of the prepayment that Ray has made for utilizing this parcel of land for current one year term. Joe Friberg, between July and October, sought in various ways to evict Ray with just one month notice and without return of any of the pre-payed money. Mid-contract, Joe even attempted to enforce a rent increase which was several hundred percent greater than the contract already in place. It is common sense to note that cars and apartments may rent by the month, because it is easy to switch to a different car or apartment if the situation must call for it. A business, nearly always signs a longer lease, such as from year to year. Typically there must be extraordinary circumstances to uproot a contract abiding business from the location with which it serves the community.
    B) The degree of guilt stemming from three felony bulldozing charges which arose from incidents he is not denying, which occurred **** – October 21, 2008 through June, 2009. In July and August, Joe asked that Ray remove his possessions and the building, during the eviction process. In September he changed his mind and inquired to keep the building, at which Ray said he would sell it but not give it away since Ray himself bought the modest structure in 1996 and spent a lot of time and investment over the past twelve years bringing the space up to modern code. They negotiated for approx 1.5 months and ultimately settled at 72k which is the exact same price that Ray paid for the bldg from the previous land lessee, around mid October, Joe Friberg’s law firm submitted a final and firm offer of 72k and the Kmetz family accepted the offer. Joe successfully negotiated the purchase of the building located on an adjacent railroad straddling parcel, just one year earlier, for nearly triple the cost of his verbally agreed price to Ray. Towards the last minute of the improperly implemented 30 day eviction-cycle, the lawfirm representing Friberg communicated to Ray that Joe is out of the country and will be unable to close on the real-estate transaction. They came to the conclusion that if the structure was still standing beyond the 30 day eviction period, that they had legal right, by simple default due to lapse of time, to call the standing structure their own. Having already lost hundreds of thousands of dollars liquidating the large warehouse, in a grossly interrupted fashion, Ray’s convictions told him that he would rather remove the structure from the leased land rather than have it be diabolically stolen out from under him. Two of the three felony charges stem from three different occasions where Ray took a front-end-loader to his building to demolish it. Just prior to the first demolition attempt, Ray secured and received the necessary demolition permit to do just that. The building in question at all times, was Ray’s property, that at one time bought, then upgraded and maintained for twelve year upon land that he leased, year upon year, upon year.
    4) Ray’s liberty to earn income was stolen. Police, without proper warrants, have held the necessary pieces of equipment for Ray to resume business. They started seizing mobile contracting machinery from Ray’s properties in April of 2009, and this occurred until October 1, of 2009, coincidentally just one day before a bizarre and insensitive tazering arrest of Mr Kmetz.
    In the United States, is it not such that that in such cases, the rights of the existing landowner must be upheld, and in lieu of any successful attempts of eminent domain or mutually agreed purchase of the Kmetz property; a conditional use permit was granted to the Kmetz family so long as they preside at their current address. Unfair and overbearing municipal-sanctioned discrimination against the Kmetz family is simply speculatory reasoning on our part, right now. We cannot, for certain connect, the conspiring dots but orchestrated/strategic govt sanctioned bullying is a viable hypothesis as to the pervasive persecutory treatment towards Ray. It is interesting to note that the other private party who is against Mr. Kmetz, Joe Friberg, who claims to have owned the building, which Ray sought to demolish, located at 5207 Douglas Drive N. MN., hasn’t’ filed any legal suit against Ray regarding the demolition attempts.
    5) Ray is unfairly accused of being a violent threat towards others when in fact he has no Historical or present record of threatening any particular individual or group of people.
    —> This accusation and correlating warrant lead to Ray’s unwittingly becoming tasered, which led a broken leg and expensive hip displacement of a very recently hip replacement surgery. Since the tazering, Ray has spent more than 2.5 years in Hennepin County Jail, St Peter Mental Health Center, and Anoka Regional Medical Treatment Center. MN, He is still being held in jail, even though one complainant (of the very few), in December of 2011, withdrew their statement that Ray was dangerous.
    6) Quantitative and qualitative debilitation of physical and mental health (though not a cause of any permanent incoherence). But he is mentally as sharp as ever and plans not to allow the system to break him down mentally))) Currently, he has been jailed Hennepin county MN.for seven months, On 3/5/2012 Ray was ordered to undergo a another evaluation even though he had just completed a court evaluation three weeks prior that finding him once again competent with staff at Hennepin County Medical Center. Hennepin County courts ultimately disregard these specific reports, and instead, moved Ray to rural St Peter psychiatric-hospital to under go more eight additional months of evaluation which came back with mostly okay assessments, just some slight neuropsychological difficulty. Immediately upon return to the Twin Cities, new court administered psych-tests were done in two, 20 minute sessions, and were conducted in jail. Surprise, these reports found him too incompetent to stand trial, and he was to immediately be removed from jail to a health care facility. Since this 2012, mid-March decision, Ray still remains in jail and is denied pertinent medical and physical therapy care to assist with his hip-displacement, rehabilitation for being tazered, and from worsening case of edema.
    7) A myriad of judges, more than 15, have presided over this case, in addition to a myriad of social/case workers, countless doctors & psychiatrists, and more than a dozen attorneys have represented Ray with little to no success regarding resolve of the original set of circumstances. Dates and times for court appearances and decisions have been delayed or canceled approximately twenty or more times since fall of 2008. Facts-all-together, is fair to see how Ray could feel and report to psychologists and other health and prison workers that the system is working against him or that possibly some type of collusion is going on. This does not mean that he is delusional.
    (court is often conducted in closed-door format where family, friends, Nathan (power of atty) is allowed to offer testimony or witness what happens)
    8) A federal lawsuit filed by Raymond Kmetz against five police officers was mysteriously sidelined or even worse, duped into dismissal. Ray was cooped up an hour away from Minneapolis at St Peter Psychiatric Hospital to receive a second set of opinion with which he could be civilly committed. Ray’s wife and son had to do most of the fact finding; working with two different sets of attorneys to try to show how Ray was ruthlessly, strategically, and secretly charged arrested because of a mysterious hearsay-laden Terroristic Threat charge.
    9) Just this month, the IRS has placed a LEVY on Ray’s remaining possessions, to the point of asking close family members that any potential assets of Ray, even if other family members may be harboring some of these, be submitted for taxes that he could not pay since 1999. Ray has 45 years of timely IRS payments. With IRS involvement now, if the planets align properly, this could possibly reopen a federal case and hopefully coincide with a resuming or merging of the case of Raymond Kmetz vs Five John Doe police officers (City of New Hope). Nathan & Mom had to do most of the work, with 3 sets of atty,
    10) In December of 2011, Raymond stood trial and was declared incompetent even though his attorney presented no arguments on his behalf. Worse yet, Ray’s son, and power of attorney, was present, and was not allowed to submit arguments or evidence to support Ray’s competence. Qualified psychiatrists and other doctors from three different medical facilities asserted that Ray is quite healthy mentally, especially considering all that he has suffered. The psych evaluation that the courts gravitated most to however, was a 20 minute evaluation done while Ray was just two weeks into recovering from severe wounds incurred when he was tazed by municipal police. The more severe wounds included a fractured leg and dislocation of recently completed hip replacement. During this particular evaluation, Ray was doped up on seven medications including the psychoactive opiate Oxycodone. The report indicated that Ray was delusional about his case and the court process in general. She recommended that Ray be deemed incompetent to stand trial. She never mentioned that the meds could alter his short term memory or mix up certain events or that she could not grasp the length, complexity, and lack of due process that Ray was currently attempting to communicate. Waiting for a bed to reopen at one of the two state mental health facilities that he has already visited, the courts kept Ray in jail, an additional four months.
    11) An appeal was filed to fight the March 16, 2012, incompetency ruling. His court appointed mental health atty stated that the appeal would be his last piece of work for Ray. A decision is due any moment on this appeal. It is our request that the decision be obstructed or reviewed should the judge’s decision come forth that Ray should be continued to be kept under civil commitment due to grossly falsely construed arguments of his incompetency.
    12) From 2008 onward, two different suits have been filed by two different attorneys arguing the validity of Kmetz’ belief that he did indeed own 5207 Douglas Drive N when he worked to demolish the property. He aimed to demolish the property when it became apparent that the intended buyer of the property deceived Ray into belief that the property was to be sold, when in reality his aim was to steal the building from Ray. It is convenient for both JF Holdings and the City of Crystal that these cases, questioning the validity of ownership be scuttled, but if there is truth behind these legal arguments, then it is extremely unjust and unfair for these cases to be left undecided. It is further, unethical and unjust that Raymond be kept isolated or behind bars for so long if it is murky at best as to whether or not he is permanently psychotic or delusional.
    13) Asides from the mental-health portions of this legal three-ring-circue, Ray stands unrepresented. As his financial reserves have been fully depleted, attorneys keep walking away from representing him; they claim that their portion of the contract with Ray has concluded. Some of the attorney’s have quit the case because Ray won’t budge on claiming his innocence on the three main felony charges. [ray’s dignity & conviction go here] These lawyers indicate to Ray that if he accepts any one of said charges, or pleads no contest, that the remainder of the charges would be dropped, he would be removed from the mental health facilities, and he could get on with his life. If he is coherent enough to plead guilty to something he disagrees with, then isn’t he coherent enough to receive a fair timely jury trial?
    14) Ray’s life history includes sticking to a decent set of morals and to never take the easy way, especially if it is fraught with lies, intimidation, or coercion. Ray has suffered much in this process, including the loss of a relationship with his older son and a divorce by Emily, his wife for 45 years. To some degree, people so very close to Ray, cannot understand why Ray won’t take an easy road by agreeing to incompetency for a year or so, or simply admitting guilt to a palatable felony to drop the remainder of the charges. Ray argues “How can I admit or ask for anything that isn’t true?” He waits, patently, and coherently. He firmly believes that someday his story will be read by enough people in enough locations that some sort of miracle can lift him out of this mess. The longer he is denied justice, the more he repeats his original requests from fall of 2008, “Please give me my civil right to a jury trial so that I can present my case as is allowed by the US constitution.”
    We appreciate the chance to share Ray Kmetz’ story with you; we thank you very much for any quick response you can offer to provide legal recourse for his tangled predicament. Wether you represent a concerned citizen, an experienced attorney, or perhaps a proactive member of a political, religious, or trade group, we are sure that you have seen firsthand, in other cases, how good folk can be erroneously or sometimes strategically railroaded by the very institutions that are supposed to protect us. Please help us save a worthy citizen of our community and help reduce inefficiency and influence peddling which bogs down our legal system more frequently than the news can accurately document. The research provided by this document provides a provides a powerful and necessary blueprint for you to begin legal research on any portion of Ray’s complicated legal balancing act. This research has been and will continue to be refined and expanded by the Advocates, Family, and Friends of Raymond Kenneth Kmetz.
    We have developed a time-line of facts and events as we have best been able to create of Ray’s situation; upon request, additional documents are available to support most of the time-line. Many supporting documents are available to support the statements found in this document and accompanying time-line.

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