Denial of Due Process; How Does it Work

Pascal Mahvi
7 min readJun 20, 2020

Due Process is the “bedrock conservative principle. We all know that governments have immense power. Governments can strip you of your freedom, your property, and even your life. They can impose unpopular, unjustified, or unconstitutional laws. Government decision-makers can be arbitrary at times or motivated by poor judgment or improper inducements. Legislative bodies can be swept up in the heat of the political moment and make rash decisions. The president or federal agencies can abuse their executive powers. Due Process is one of the only remedies for such abuses. By giving the courts authority to scrutinize the actions of the other branches and determine whether they are consistent with the laws and the Constitution, our founders sought to protect the people against a government that wielded its authority with too heavy a hand.

For those who value limited government, Due Process should be sacred, since it is, ultimately, the only thing that can guarantee government for the people.

Yet Due Process is undermined every day.

Our U.S. Constitution guarantees our civil rights and the right to Due Process. Or does it?

On December 19, 2018, a deputy sheriff told me that in our country we are guilty until proven innocent!

My right to Due Process was denied by the Prosecutorial team of Geauga County, aided by judge #ForrestBurt in order to protect the prosecutor. I was wrongfully prosecuted and when I refused the offered pleas, I was railroaded and convicted for a minor alleged crime I did not commit. I was denied my rights in order to protect the Prosecutorial Team, including their investigator, #KarenSweet, who lied to a judge to secure a Search Warrant who then raided our home at gunpoint. That is how she discovered that I am Natural U.S. Citizen.

Before Sweet’s perjury, the Prosecutor broke the law and so he needed me to accept a Plea agreement. Earlier, Sweet had filed an illegal FinCEN report where she racially profiled me. The illegal Search Warrant in hand, on September 1, 2016, prosecutor #JamesFlaiz called his long-time friend and Neighbor, #TomMyer of #WKYC-TV. The latter knows himself as an “Investigative Reporter”, but really is an expert at the Wrap-Up Smear Tactics our politicians are so adept at using. https://twitter.com/ACTBrigitte/status/1184145178363383810?s=20

Young #JamesFlaiz invited #TomMyer for a ride-along to document the illegal gunpoint raid of our home. Due to the illegally filed FinCEN, #Flaiz was sure I am an Iranian, and fair game in an election year; he wanted press time before the elections of 2016, and WKYC wanted ratings — I was the scapegoat. The combination of the words Iranian+Millionaire+Royalty would be a sure hit. Doing what #TomMyer does so well, he labeled me the Food Stamp Millionaire. Due to the electronic mediums, the metatag will stay with me well past the time I die.

#JamesFlaiz, #NicholasBurling, #KarenSweet are liars; they colluded with judge #ForrestBurt and my attorney, #BrendanDelay to deny my Due Process, mandated by our Constitution, and if they did it to me, they likely did it to others.

At the illegal raid, while on my curbside with WKYC-TV, the Prosecutor #Flaiz threw out all due care for Due Process, Indicting, Prosecuting, Convicting and Sentencing me to four years of Federal Prison, and then invited WKYC-TV on to our property to film it, violating our 4th Amendment rights.

Counting on the bigotry we Americans have been subjugated to, WKYC-TV filmed my adult daughter’s two geriatric horses, passing these off as mine (convincing their viewers of my Oppulance) and categorizing our two 2005 cars, each with 250,000 miles and worth a total of $5,000, as European Luxury cars. #JamesFlaiz also claimed we live in a “million-dollar house”, not only inflating its value but discarding the fact that we have no equity due to its mortgage (otherwise, in 2014 we would have downsized!).

It worked; even the Government Accountability Office (see page 25) fell for the hype. Within 48 hours, the TV publicity made its way around the world, thus denying me the right to be tried by a jury of my peers. Indeed, I was forced to be tried by a single person, a man with a robe who swore an oath to be impartial when he was elected, and who instead corrupted justice with his dishonesty. I trusted him! As he was coming up for retirement at the end of 2018, he must have forgotten his oath of office and railroaded me to save #JamesFlaiz.

During the illegal raid, while #JamesFlaiz was defaming me on WKYC-TV, his investigator, #KarenSweet seized several computers belonging to my employer, several disk drives (including those belonging to my employer and sons), boxes of documents belonging to my employer, and my U.S. Passport, NY Certificate of Birth, Social Security card, Certificate of Baptism and six years of Federal and State Tax Returns filed by myself and my employer.

During the ensuing months of October through November 2016, the documents proved to the Prosecutorial team that all their allegations were, in fact, false. However, due to the TV Ride-Along and global publicity, #JameFlaiz had a serious problem on his hands, and the only way to solve it was to make sure I would accept a Plea Bargain of 30 days in the local jail.

On December 12, 2016, Prosecutor Flaiz invited WKYC-TV back to his office, sat on his desk while the TV camera filmed him from the floor looking up to make him look authoritative, and again announced that he was certain I would see four years of Federal Prison time for my crimes. This is called “scare the wife tactic” before offering a plea. It was aimed to have my wife pressure me to take a plea of 30 days and not risk 4 years of incarceration.

The next day, #JameFlaiz called my then-lawyer, David Grant, offering me 30 days of local jail time. Grant announced his instructions were not to accept any Plea Bargains. Reportedly, Flaiz, blew his top, cursing and yelling profanities at Grant. If only his nun-teacher at Notre Dame could have heard his rant. As we knew I had not committed a crime, I stuck to my guns, telling the young man to prove his case.

My guess was Flaiz was stressed! He now had a bigger problem than just #KarenSweet’s perjury in court, the false FinCEN filing, and his curbside lynching on September 2, 2016. He now had to prosecute the case in court, where he would be forced to withhold 100% of the Exculpatory Evidence they had seized, and to do that, he had to make a side deal with my lawyer.

At the time, as I could not prepay $25,000 to David Grant, I hired another lawyer, Brendan Delay, who offered to defend me and get paid on the come. #Flaiz didn’t know #Delay; the latter lived and worked in another county on the west side.

My Arraignment occurred on January 13, 2017, and #Delay entered my Not Guilty plea and opted to slow the trial down, giving him time to study the case. It was a risk that the court might incarcerate me for the duration. However, a long time personal friend, Raymond Park was ready to post a One Million Dollar Bond in my favor to assure that I remained free.

That day, after #Delay filed a Motion revealing #Flaiz’s skimpy experience and first term’s record, #Flaiz confronted #Delay on the sidewalk of the Court House Annex, again totally aggravated and unhinged, yelling profanities and accusing him to have received $1,000,000 from me to represent me. #Delay kept saying, “Mr. Flaiz you’re are mistaken.”

Fortunately, as of that time, #Faliz had not yet colluded with Judge #ForrestBurt and so the judge allowed me to remain free on my Personal Recognizance (a “PR Bond” in their jargon) assuring that I would not run.

On March 8 of 2017, we held a Case Management Meeting in the Judge’s Chamber. I was not invited to attend but was requested to sit in the empty courtroom. I learned from my lawyer that the Judge asked several questions of the Prosecutor:

  • “Is it true that the defendant is a U.S. Citizen?”
  • “Yes, Your Honor.”
  • “Is it true that he was born in the U.S.?”
  • “Yes, Your Honor.”
  • “With a Social Security Card?”
  • “Yes, Your Honor.”
  • “Is it true that he is a Christian?”
  • “Yes, Your Honor.”
  • “Why am I learning this now?”
  • Silence

At least this is what was reported to me. I suspect that as he was found out, my lawyer lied to protect himself. That is when Judge learned of my 15 witnesses to be introduced over 3–4 days and shut it down. The judge reduced the number of days from 3–4 to two days and reduced the witnesses from 15 to six (denial of Due Process by the Court).

Despite my numerous requests, my lawyer failed to protest or memorialize the denial of my witnesses, and this assured the failure of my upcoming appeal to the 11th District Appellate Court during 2018. My lawyer didn’t tell me this would turn out to be a problem because he could not. The Court of Appeals can only rule on what they see on the court record, not allegations made by the defendant post-conviction.

At the September trial, #Flaiz withheld 100% of the Exculpatory Evidence seized during the gunpoint raid. Under our laws, prosecutors can do this, and it is up to the Defense counsel to expose the farce. As my lawyer had been compromised, he kept his mouth shut at my expense. Despite my numerous requests, he failed to bring these evidentiary items to light, each of which would have exonerated me.

The railroading had begun as of March 8, 2017. My lawyer failed to 1) protest the denial of Due Process, and 2) expose the Exculpatory Evidence in October 2019. He had an agreement with the judge and the Prosecutor, where I would be convicted of a lesser Felony, get 30-days, and the crimes of the Prosecutorial team would be swept under the rug. The quid pro quo was that #James Flaiz would not expose the fact that my counsel had illegally represented himself as a criminal lawyer.

During January of 2020 I definitively found out the lie.

The Judge’s Verdict claims that he couldn’t account for 100% of the loans, and yet, I was denied examining my 15 lenders (as witnesses) to prove my case.

As the Prosecutor and his team, all enjoy immunity under Ohio law, they think they got away with their crimes.

Fight for your rights or be led, like sheep to the slaughter.

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