In Sham ‘Retaliation Against A Judge’ Trial Rife With Perjury, Denver Defense Attorney Michael Root Tells Defendant On The Morning Of Trial, “I Refuse To Attack The Judge!”
Boulder, CO – Longmont, CO homeowner Craig Buckley was arrested on July 21, 2013 on a civil contempt warrant issued by the Weld County, CO District Court for refusing to give the deed to his house to his former employers. Ten days later, Buckley was arrested again by Longmont, CO Police, this time on a felony warrant issued by Boulder County District Attorney Stan Garnett for, “Retaliation Against A Judge”. Buckley was alleged to have made “a credible threat” to Weld County District Court Chief Judge James F. Hartmann during the civil contempt arrest.
Denver, Colorado based Criminal Defense Attorney Michael Root was retained to represent Buckley in the Boulder County District Court criminal trial. Mr. Root assured Buckley, and his family that they had, “nothing to worry about”, that Root, “would take care of it”, and, “everything would be fine”.
Michael Root’s actions, and the record of the Court would soon prove otherwise. “The Court transcript in this case shows that scumbag attorney Mike Root literally handed me over to the prosecution on a silver platter,” Buckley stated.
Buckley had sued his former employers, Dream Stone, Inc., where he had worked as a CNC programmer, for wages due at the time of his termination of employment. Buckley had quit, as did numerous other Dream Stone employees over a two month period, due to what the Industrial Claims Appeals Office had determined to be, “an abusive environment“. The case was filed in Weld County District Court: as was later admitted by Judge James Hartmann in a Longmont PD Police Report, the wage claim was the cornerstone of Buckley’s complaint. The complaint also contained several other peripheral causes of action.
Buckley was forced to sue, as the employers had, in criminal conspiracy with their attorney Daniel T. Goodwin, falsely sworn before the Colorado Division of Labor that Buckley was unentitled to his award of accrued wages upon termination, because he had not worked for Dream Stone, Inc. for an entire year: constituting Class 4 Felony Attempt to Influence a Public Servant. Evidence disproving the employers’ fraudulent allegations has been in the possession of corrupt Boulder County DA Stan Garnett since April 2011. Mr. Garnett refused to prosecute, and instead decided to retaliate against Buckley two years later.
Constituting yet another count of Class 4 Felony Attempt To Influence A Public Servant in May 2010, in a spate of legal subterfuge the employers and their criminally complicit attorney, Daniel T. Goodwin engaged in a campaign to quash Buckley’s rights under the Colorado Wage Claim Act, and specifically: C.R.S. 8-4-110(2), which stipulates:
(2) Any person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any administrative remedies.
On December 22,2009 the employers swore this before the Weld County District Court:
“If he (Buckley), if he’s taking the stand now that the only thing he has now to deal with the Court is a wrongful termination and vacation pay, than everything should be directed to those two items, and if that’s his claim, we will be more than happy to defend that claim..”
On February 23, 2010 8:05 AM the employers plead this before the Colorado Division of Labor:
“…and Mr. Buckley are the only two ex-employees of Dream Stone who have ever filed claims for vacation pay, and they are claiming payment for hours that are clearly not due them. In addition, they have included these claims as part of the lawsuit that they have filed in the Weld County District Court.”
On April 7, 2010 the employers responded to the Plaintiff’s Discovery Request as follows:
We are in receipt of your letter requesting discovery. The Defendants respond as follows:
no documents will be provided under requests numbers 1, 2, 4, 5, 6, 7, 8, 10, 13, 14, 15, 16, 17, 18,
19 and 20. The reason that these requests are being denied is that the requests are irrelevant and
immaterial to your claims for wrongful termination and nonpayment of vacation pay.
On May 6, 2010 2:55 PM the employers plead this before the Colorado Division of Labor:
“I have talked to our attorney and yes, indeed, Mr. Buckley has made the CDLE
part of his complaint in Court.”
On May 7, 2010 the employers plead this before the Weld County District Court:
…as to the issue of vacation pay, Plaintiff chose the Colorado Department
of Labor and Employment (“CDLE”) as the forum to decide the issue. The CDLE has not issued
an order which Plaintiff seeks to have this Court review.
On May 12, 2010 9:18 AM the employers plead this before the Colorado Division of Labor:
“I just wanted to confirm in writing our conversation this morning regarding the email I sent you may 6, 2010 regarding Mr. Buckley and the fact that he has made the vacation pay part of his Weld County lawsuit.”
On May 12, 2010 12:13 PM the employers plead this before the Colorado Division of Labor:
“I assumed that the vacation pay issue was with CDLE/unemployment However, now knowing that you are with the Division of Labor does not affect anything. The “vacation” issue IS part of his lawsuit in Weld County, as is evidenced by his own filings that I sent you. However. if Mr. Buckley did not divulge to you that the issue was not part of his lawsuit in Weld County, then he was not being truthful.”
On May 12, 2010 4:23 PM the Colorado Division of Labor ruled as follows:
… because your claim has been filed/appears to be filed through court, DOL
lacks the ability to become and/or to stay involved; DOL does not have statutory
authority over the court(s). DOL is required to close your claim for unpaid vacation pay.
On June 17, 2010 Weld County District Court Judge James Hartmann Ruled as follows:
Whether Defendants owe Plaintiff payment for accrued vacation pay is an issue
before the CDLE and not this court.
The full evidence pack, as obtained from the record of the Court, and CDLE Director Ellen Golombek, and known to have been in the possession of the FBI-Denver Division, (Fmr.) Weld County DA Ken Buck, Boulder County DA Stan Garnett, Colorado Chief Deputy Attorney General John Lizza, Governor John Hickenlooper, and the United States Attorney’s Office for the District of Colorado, since May 2011, is here:
Corrupt Boulder County Colorado District Attorney Stan Garnett again refused to prosecute when evidence of this Class 4 felony came into his possession in April 2011, preferring to attack Longmont, CO homeowner/felony victim Craig Buckley in 2013.
Constituting yet a third criminal act in which Judge James Hartmann was directly implicated and further rendered his civil judgment void, Hartmann knowingly, and illegally allowed Buckley’s former employer to falsify an affidavit of attorneys’ fees, in which they detached an article of evidence from a Response to motion for which no fees were awarded, attached it to an unrelated Response to motion for which fees were awarded, and fraudulently obtained payment. Known felon, Judge James Hartmann, would perjure himself on April 21, 2014 in testimony directly implicating him in this criminal act.
In violation of C.R.S. 8-4-110(2) a mere 16 hours before Buckley had been commanded by Judge James Hartmann to appear & produce by subpoena duces tecum (in violation of Discovery Rules), Hartmann stripped Buckley of both the Due Process Right, and all evidence to prosecute his wage claim. Buckley demanded proof of the Court’s jurisdiction to enter a ruling which violated the provisions of C.R.S. 8-4-110(2).
“The law provides that once State and Federal Jurisdiction has been challenged, it must be proven.” Main v. Thiboutot, 100 S. Ct. 2502 (1980). “Jurisdiction can be challenged at any time.” and “Jurisdiction, once challenged, cannot be assumed and must be decided.”
Judge James Hartmann steadfastly, belligerently, and in violation of Due Process Rights refused to enter Court Orders regarding Buckley’s rightful challenge to “the Court’s” jurisdiction to commit this illegal act.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.; U.S.C.A. Const Amend. 5. Klugh v. U.S., 620 F. Supp. 892 (D.S.C. 1985).
Resultant of his criminal act of aiding & abetting of Class 4 Felony Attempt to Influence a Public Servant:
“Judge” James Hartmann surrendered Jurisdiction over Buckley’s Wage Claim case on June 17, 2010.
“Judge” James Hartmann perceived he dismissed Buckley’s case with prejudice on July 22, 2010, awarding in excess of $20,000.00 in attorney’s fees to the Defendants.
Buckley’s home was illegally raided, twice, by Longmont Police in July 2013: first, because Buckley refused to give the deed to his home to his former employers, and the second time ten days later, for alleged “threats” purported to have been made against Judge James Hartmann during the first illegal raid.
Thanks to coerced/threatened Denver defense attorney, Michael Root, these are truths the jury would never hear.
In a trial rife with perjured testimony and falsified evidence, and serving no purpose other than retaliation, and protection of the reputation and career of known felon “Judge” James Hartmann, Buckley stood trial on April 21-22, 2014 on one count of F4 ‘Retaliation Against A Judge’.
According to an undisclosed Weld County source, Attorney Michael Root was coerced/threatened by (then Weld County DA) Congressman Ken Buck in August of 2013. Weld County District Attorney Ken Buck, then in the midst of his (unfortunately successful) political campaign for Congress, is reported to have threatened Michael Root, stating, “If you do anything to embarrass me, or the Judge (Hartmann) you will never practice law again”.
Mr. Root’s trepidation, and unwillingness to adequately represent Buckley became wholly evident during this piece of sworn testimony:
April 21,2014 Judge James Hartmann- cross examination by Defense attorney Michael Root:
Q So you’re just reading them because they’re – you
would agree with me that the odds are a lawyer probably
wouldn’t include that language in a pleading to Your Honor.
That’s not something most lawyers would do?
A That’s correct.
Q And that’s because if the lawyer wanted to
continue practicing in front of Your Honor that probably
would not be a real wise thing to put in there, plus it’s not very professional, is it?
A I agree.
Buckley never stood a chance of having an attorney who would stand in the face of James Hartmann’s criminal acts.
On the morning of trial before the Boulder County District Court, Judge Andrew Hartman presiding, Craig Buckley sat with attorney Michael Root in the cafeteria for the Boulder County Justice Center. Buckley reiterated all the violations which caused Judge James Hartmann to have surrendered jurisdiction of the civil claim, which was at the heart of the falsified Retaliation charge. Michael Root, then emphatically declared to Buckley, “I refuse to attack the Judge!”
The main offending points of Michael Root’s unethical/inadequate representation are addressed here: Judge James Hartmann’s felonious/perjured testimony will be dissected line by line in a future article.
On April 21, 2014 Judge James Hartmann – direct examination by DDA Catrina Weigel:
James Hartmann testified under oath: FIRST DEGREE PERJURY I
“I granted the request for attorney’s fees when I
denied Mr. Buckley’s motion to consolidate this case with
another case that was pending in Weld County, another civil
case that was pending in Weld County.”
- James Hartmann DID NOT award fees for the Defendants’ Response to Buckley’s Motion to Consolidate.
- The Defendants’ Response to Buckley’s Motion to Consolidate contained, as Exhibit #1, an affidavit of Attorney Michael Matthews, plaintiff’s counsel in the case which Buckley sought to have joined with his: (former Dream Stone General manager Todd Coday) Coday v. Dream Stone, Inc. et. al.
- James Hartmann illegally, feloniously, and with extreme malice allowed the civil Defendants to disassemble the Response to Plaintiff’s Consolidation Motion for which no fees were awarded, remove the (very expensive) Affidavit of Michael Matthews, and attach/bill it to another wholly unrelated Motion: a Motion for Joinder of Parties seeking to join the employers’ attorneys/criminal conspirators as Defendants to the civil action.
Buckley responded, “Oh yeah, the psychotic fucker (Hartmann) raided my home to force me to pay fees associated with the Motion For Consolidation, but no fees were awarded for that Motion! Then, Hartmann committed perjury to conceal his act”.
James Hartmann testified under oath: FIRST DEGREE PERJURY II
April 21, 2014 Judge James Hartmann- direct examination by DDA Catrina Weigel:
Q Just to kind of summarize, on April 4, 2011, did
you get a handwritten letter from Mr. Buckley on that
A I did. It was on a smaller piece of paper and
written with what appeared to be a Sharpie marker and
written to me and signed by Mr. Buckley.
Q Is what I handed you true and accurate copies of
those documents in that file?
A They appear to be.
- The Prosecution, Boulder County Chief Prosecutor Catrina Weigel, committed spoliation of evidence, and subornation of perjury to conceal James Hartmann’s aiding & abetting Class 4 felony Attempt to Influence a Public Servant.
- Catrina Weigel asserted that James Hartmann felt threatened in 2011, by a 3″x3″ post-it note on which Craig Buckley wrote, “You need to fix this”. Felon, James Hartmann, swore the evidence was, “true and complete”.
James Hartmann testified under oath: FIRST DEGREE PERJURY III – OBSTRUCTION OF JUSTICE
April 21, 2014 Judge James Hartmann- cross examination by Defense Attorney Michael Root:
Q Now, Exhibit No. 7 is the note that you got, and
this was not hand delivered to you by the Defendant. You
got this through how?
A It was provided to me by the clerk ‘ s office. So
you’re correct, it was not handed to me by Mr. Buckley.
Q Oh, on this Exhibit 7, was there anything else
attached to this when you got it?
Q There was, like, a big pile of pleadings and
documentation saying why you should fix this based on the following?
A Yes. He filed miscellaneous paperwork with that handwritten note.
- Buckley was forced to DEMAND that Michael Root elicit this testimony from James Hartmann. Root did so, with extreme trepidation, and knowing that Hartmann had obstructed justice, and Root’s career was at stake, refused to ask the appropriate follow-up questions to impeach the credibility of corrupt James Hartmann.
- Known Felon, James F. Hartmann has now admitted the testimony he swore on direct examination by Catrina Weigel was, in fact, perjured. Further, Catrina Weigel’s presentation of the purportedly offending post-it note is now admitted tampered evidence, subjecting Weigel to sanctions, to possibly include disbarment.
- It is known, and has been admitted by Boulder County District Attorney Stan Garnett, Congressman (Fmr. Weld County DA) Ken Buck, and others that the “MISCELLANEOUS PAPERWORK” which Known Felon James F. Hartmann perjuriously referred to, was in fact evidence obtained from Colorado Dept. of Labor & Employment Director Ellen Golombek on March 31, 2011 proving the civil Defendants in Buckley’s civil case before James Hartmann had sworn simultaneously before both the District Court, and the Division of Labor, that neither had jurisdiction over Buckley’s wage claim, because the matter was before the other.
- Known felon, James Hartmann, now three years into his concealing, aiding, abetting, and compounding of multiple felonies, had no choice but to perjure himself, and obstruct justice to save his career.
- Michael Root, in violation of his Oath, failed to represent Buckley, the Defendant.
On the evening of April 21, 2014 9:39PM, prior to day 2 of the trial, Buckley sent this email to Michael Root, once again making Root aware of the obstruction and perjured testimony, and demanding action. Mr. Root did nothing and became, at that time, a criminal conspirator and as such is subject to disbarment and incarceration. Root should have Motioned for mistrial immediately.
For $10,000.00, should an attorney rightfully impeach the credibility of his own client?
April 21, 2014 Judge James Hartmann- cross examination by Defense Attorney Michael Root:
Q I’m not sure if I can make this a coherent
question, but I ‘ ll try. Would you agree with me that in –
the pleadings Mr. Buckley on occasion would make allegations
that were sort of out there, I mean, not really based on
facts as far as the case was concerned?
- For a defense attorney to impeach the credibility of his own client is inexcusable, for him to conceal, aid, and abet the illegal acts of the prosecution is criminal.
- The evidence is irrefutable: felon James F. Hartmann has engaged in a years-long campaign of harassment and retaliation against Craig Buckley, and has obstructed justice and committed felony perjury to conceal his crimes.
- Neither Mr. Hartmann, his agents, subordinates, or the Weld County District Court had any right to be on Mr. Buckley’s property to demand that he relinquish the deed to his home to his former employers.
- Corrupt Defense attorney Michael Root pandered to known felon James F. Hartmann for no reason other than to protect his own career.
Buckley was, of course, found guilty. Mr. Root was fired immediately for ineffective assistance of counsel. In response to Buckley’s Motion to Vacate for Prosecutorial Misconduct and Ineffective assistance of Counsel, Boulder County District Court Judge Andrew Hartmann ruled Mike Root’s failure to defend as, “Trial Strategy”.
“A lawyer and his client do not always have the same interests. Even with paying clients, a lawyer may have a strong interest in having judges… think well of him…. ”
Jones v. Barnes, 463 US 745 – Supreme Court 1983, Justice Brennan dissenting at 761 – 762.
The Government of Colorado, with full knowledge of crime by Judge James Hartmann, Congressman Ken Buck, and Boulder District Attorney Stan Garnett should, rightfully, publicly release all transcripts related to the ongoing crimes of the aforementioned. The Government of Colorado WILL, however, continue to use our socioeconomic status to conceal evidence. We need (very expensive) transcripts. Please Donate!