Monday, November 2, 2009

Ground Breaking News! Brenda's Jail Time Found a Mistake.

GROUND BREAKING NEWS!
BRENDA'S JAIL TIME FOUND A MISTAKE.
Intermediate Court of Appeals, Honolulu, Hawaii.

All Judge Choy's Decisions Were Set Aside
on Abusive Discretion.

CLICK ON "COMMENTS" AT THE BOTTOM OF THIS POST TO LEAVE YOUR COMMENT

Actress Brenda Dickson who was arrested in Honolulu, Hawaii in a divorce case in 2007 has been vindicated on the false arrest and false imprisonment. Honolulu Family Law Judge Darrell Choy, was found to be abusive. The intermediate Court of Appeals stated he used "Abusive Discretion" in the Brenda Dickson/ Attorney Jan Weinberg divorce case. All of his decisions were set aside.

This week, ABC's Honolulu Reporter, Daryl Huff, covered the story entitled "Brenda Dickson's Jail Time Was A Mistake." The heart of the decision was "Due Process," a basic constitutional right of every citizen in this country. Yet, in Honolulu, all of Miss Dickson's rights were taken from her. It is safe to say every single right Miss Dickson had in a divorce scenario was taken from her. Judge Choy pushed a trial date forward, where Brenda Dickson had no representation, no money to mount the trial, no exhibits or witnesses allowed in for her, and no work at all done on a $12 million estate case to prove the assets. Brenda was sedated for the trial because of the continued abuse on her life (imposed by atty. Chuck Kleintop, her ex’s atty, who has a special relationship with the judges). Brenda was illegally evicted from her home in Honolulu (which was in her name) by police (that film is on her website). Miss Dickson stayed in a $100 per night hotel room (while her atty. ex-husband was making $250,000.00 A MONTH, traveling all over the country buying a new Jaguar and Range Rover cars). All Dickson’s clothes where put in a cheap storage by Atty. Chuck Kleintop without insurance. Before the trial, Brenda had to buy clothes to show up in court. While she was staying at the hotel, Attorney Chuck Kleintop , knowing she had no representation,would serve her to prepare for the bogus trial. He wanted Brenda to prepare the case. Miss Dickson is not a trial attorney so this was upsetting to her. In addition, Mr. Kleintop had his realtor friend, Attorney Pat Case, appointed as the realtor (through Judge Radius). Case refused to follow the law, refused to get an appraisal of the property. She was listing Miss Dickson's Honolulu home for over a million dollars below market value. Miss Dickson had worked seven and a half years to restore this historical Honolulu home by refurbishing it. The home was on a 26,000 square ft. lot, with streams and ponds, a double-gated estate. The lot alone at the time of sale was worth $2.1 million. The home alone was insured for $1 million. Miss Case wanted to sell the home and lot (without an appraisal) at $1.5 million. After taking Brenda out of her home by police, they took illegal possession of her property (they would sell the estate for 1.7 million under market value, and not to the highest bidder, which meant her ex could still own it). They did other illegal abusive acts, later described in this article. Keep reading as it is shocking what went on in this courtroom. Brenda had a breakdown while she was getting her mouth worked on. The above abuses ,and more, would cause Brenda to cry uncontrollably, her blood pressure shot up and she was hospitalized. The hospital sedated her. Brenda takes no drugs, so this knocked her for a loop. Judge Choy received four letters from various doctors that Brenda Dickson was in no condition for a trial, he pushed the trial date forward even though Miss Dickson would not in a good condition at trial to testify. She was sedated. Judge Choy pushed the bogus trial forward. He took a cruise leaving Brenda Dickson with no money to mount the trial, no atty., and, no money to get an atty. "It was a set up," Brenda states. Judge Choy's moves would leave Brenda Dickson homeless, as all of her assets were laundered to Attorney Jan Weinberg of Honolulu, Hawaii (Brenda's ex-husband). Through the state court via atty. Chuck Kleintop and his pal Judge Choy. Obstruction of justice takes on new meaning.

Judge Choy was found guilty of "Abusive Discretion" on the spousal support issues as well. Attorney Weinberg was making approximately $250,000 a month at the time of divorce. The law in Honolulu, Hawaii is "Standard Living to Restart Life and Career,and that the spouse who isn't making money will not have to step down in lifestyle.” Miss Dickson would appear before Judge Choy twice for support, both times he denied her any support!

Judge Choy would leave Miss Dickson without a dollar for a hamburger! Judge Choy would leave Brenda in $65,000 credit card debt and tax debt, as he laundered millions of dollars of the marital assets through the State Court, including her personal money (with Chuck Kleintop). Judge Choy would leave Miss Dickson to sleep on her 85 year old mother's floor of her small condo in Century City, California. Brenda’s mother was on a fixed income, had high blood pressure and a heart problem. She had a stroke over all the upset. She was mostly upset over seeing her daughter, who she was so proud of, in handcuffs on TV. Brenda was one of her proudest accomplishments as a mother. Miss Dickson will be reappearing in the Honolulu Family Law Court for spousal support again! Hopefully, Judge Choy will be absent, and, a fair judge who follows the laws will be present.

Judge Choy was well aware of the multi-million dollar income and assets in the case. Jan Weinberg is a personal injury attorney. So is Judge Choy's son, Attorney Devin Choy. It is not likely in the small town of Honolulu an attorney didn't know of the landslide huge fees Jan Weinberg was obtaining. The income was all described at trial.

The intermediate Court of Appeals is the civil aspect of this case. There is a criminal part to this case as well. These huge assets in this case were not laundered through the State Court by accident. Attorney Chuck Kleintop of Honolulu, Hawaii (Weinberg representation) has a special relationship with some of the judges in the 777 Punchbowl Courthouse. He was at the heart of all the abuse connected to this case. The abuse of Miss Dickson was not limited to putting her in jail without a signed warrant (the law in Honolulu). The jail time was in connection with a California property, that Judge Choy had no jurisdiction over. Judge Choy & Attorney Kleintop, with Attorney Weinberg, would illegally evict Brenda Dickson from her condo in California, while she was in jail. The jail time, which was almost four months, was to extort Brenda Dickson to sign off on her California Deed. After Miss Dickson spent months in jail, Judge Choy took her name off the deed himself, illegally, totally against the California real property laws, which Judge Choy knew. Brenda was locked up, without a real estate attorney in California, while all of this occurred.

The jail was a 3rd world holding cell for convicted criminals such as murder, assault charges, drug abuse, prostitution, robbery, homeless, etc. There were approximately 65 women in one area (like a large room). The condition was "filthy," Brenda has stated. There was no real doctor's care in the facility. Miss Dickson ran a fever almost the whole time she was there. She was given Tylenol. The holding cell was run very well, surprisingly, by the guards and head of the facility. "They don't have the money in Hawaii for jail cells like we do," Brenda states.

Prior to her incarceration, Judge Valerie Baker of California (now a Supreme Court Judge in California), after a 3-day trial in California, ordered that Brenda Dickson could not be evicted from her condo. Judge Baker ordered that for California to recognize Judge Choy's decision, the judgment (now set aside) had to be "Domesticated" into the California courts before a California judge. This is the law period, with or without a trial. Attorney Jan Weinberg (Brenda's ex-husband) had fired two prior attorneys who informed him of this law. It was clear Weinberg did not want a California judge to oversee a fair sale, with a court-appointed realtor, an appraisal and listing the property (not selling it to a suspicious buyer). Judge Valerie Baker's orders were fully ignored by Judge Choy, Attorney Kleintop, and Jan Weinberg, as they illegally sold the condo, took approximately $450,000 cash belonging to Brenda Dickson, her half of the real property cash, and laundered to each other through Judge Choy. Attorney Chuck Kleintop took fees for himself, and, also asked for, and got, from Judge Choy, fees for cases they initiated and lost in California! These are cases they lost for breaking California law. Brenda was following California law. It was clear Weinberg did not want a California judge to oversee the sale. In addition, they laundered approximately well over $400,000 cash to Weinberg of Brenda Dickson's half of the real property cash. The rest of the properties, annuities, Schwabs accounts, cash in the millions, business deals, Dickson's personal money she came into the marriage with, were all laundered to Attorney Weinberg, leaving Brenda Dickson in a homeless condition. Jan Weinberg has the whole $12 million estate. Dickson got nothing.

Miss Dickson was deprived of every single right owed to her under Honolulu Divorce Laws, including but not limited to, spousal support fraud, real property fraud, and money laundering of whole assets to her ex-husband Attorney friends through the State Court. Jan Weinberg began writing large checks to his attorney friends to clear his accounts of $1.2 million in cash. The judges covered these actions. When their file to prove they did work on the cases were not answered, Kleintop and Choy would squash the subpoena a second time to hide the fraudulent transfers. The real estate property fraud happened when the two properties were sold without appraisals at approximately $2 million under the market value to suspicious buyers, not to the highest bidder. The law in California is court-appointed realtor, appraisal, and listing the property. The same law applies in Honolulu. The realtor in Honolulu, Attorney Pat Case, sold the Honolulu home for $1.5 million, approximately $1.7 million under market value, not to the highest bidder.

Brenda Dickson came to the Honolulu Court with a fully negotiated marital settlement contract. She went into mediation to see if it was fair, (as her ex-husband had made huge cash transfers to his attorney friends, of the marital estate). No work was done in mediation, after months of no support. Brenda entered the court, to enforce the contract, not knowing wether it was fair. Miss Dickson felt it was good enough for her to restart her life. A divorce trial date was set on her first day in court. Her first day in court, shockingly, Judge Radius ordered her out of her home, with no support and no moving expense. The multimillion dollar estate was in her name. In court, Attorney Chuck Kleintop decided to accuse Brenda Dickson of forging her ex-husband's signature on the marital settlement agreement, to assassinate her character, a trick he often uses in court (Brenda has talked to other victims). This, of course, is upsetting. This was one of many upsetting things Chuck Kleintop did to Brenda Dickson, such as taking her out of her home by the police, while she waited for a small check to move, which was lost in the mail. "Attorney Kleintop's strategy is to totally upset the opposite party. He often uses the police as a scare tactic. Most victims cave. I didn't," Brenda says. Attorney Kleintop commits constant perjury in court, which he is immune from as an attorney," Brenda states. Attorney Kleintop ran into a big problem. No handwriting experts would back him up. He took the case to Jim Josey, a police handwriting expert. Mr. Josey turned him down stating it was Weinberg's signature. No other experts backed up Attorney Kleintop's accusations, yet Attorney Kleintop continued to forge forward with a huge "perjury trial" about the contract anyway! Thus, Brenda Dickson was charged $40,000 by her attorney for fees! Brenda Dickson was only given $40,000 for the whole divorce case! (Attorney Kleintop milked this case, it is said, for approximately $400,000 in fees. This all will be accounted for later.)

Brenda Dickson had no money to pay her attorney for the "perjured trial." Judge Radius set aside the contract, even though she found it to be signed and negotiated. She stated it was "Abandoned" by Dickson. There was no evidence to substantiate the claim, nor did Brenda Dickson "Abandon" it. She had no money to pay her attorney for the now needed divorce trial. The contract and her attorney were gone. Attorney Kleintop pushed for the trial date which was already set the first day in court, if the martle contract was enforced there would be no need for a trial. Judge Choy would grant no extensions even though he knew the time to prepare was taken up with the “perjury” matter. Brenda found a new attorney to represent her, Attorney Madlyn Purcell, who asked Judge Radius for an extension. Judge Radius did not commit. Judge Choy would pop up and Judge Radius would disappear. Judge Choy was adamant, he would not extend the trial date.

Attorney Madlyn Purcell, a soul practitioner attorney, had another trial at the same time (she explained), so she needed an extension, and also needed to read the file. Judge Choy refused the extension asked for! Judge Choy went on a cruise, leaving Brenda Dickson with no representation, no money to hire a new attorney, the $40,000 for the trial was left in the court frozen. Judge Radius would not release it until the day before the trial. AT THAT MOMENT, ATTORNEY MARY LUCAS (MADLYN'S FRIEND) WOULD HAVE 24 HOURS TO PREPARE A MULTI-MILLION DOLLAR CASE. BRENDA DICKSON WOULD BE ALLOWED NO WITNESSES OR EXHIBITS AT TRIAL. No real work had been done to prove multi-million dollar assets. Miss Dickson had a breakdown when taken out of her home, and, Attorney Kleintop kept dropping trial exhibits at her $100 per night hotel room, in a bad area, for her to do the trial, without an attorney.

You can check out www.brendadickson.com for the whole story. On her site, you will find an array of things. The new ABC story and film of her giving the Heil Hitler sign to Attorney Kleintop at court, while she was brought in in feet cuffs and hand cuffs and virtually made homeless. If Brenda had signed off on the deed and the property marketed, as it should have been by law, she would be made homeless. Read her accounting and see the police tape of her being evicted out of her home, leaving art, silver, china, tapestries, statutes, never to see them again! And the pictures with her Hawaii house.

Brenda Dickson was in Vietnam twice. She found jobs for veterans after the war who were maimed. She saw the war firsthand. "This country is based on the Constitution with 'due process' at the forefront of every citizen's right. This is an outrageous obstruction of justice!" For judges not to follow the law is beyond disturbing. The State Court is one of the most important courts in this country. Retirement funds, children, life savings are all what this court is about. A person's whole life's assets could be in a judge's hands in this court, as well as their future.

Brenda has made an offer to her ex-husband, way below what is owed just to move on with her life. She hopes he will accept, as all she wants is to put this suppressive upset behind her. However, she is fully prepared to go after every dime she is owed including the financial damages, and hardship he has caused her. There is no telling where this case will lead, possible criminal charges? The truth is that this case is just as much a criminal case as it is civil.

Brenda notes all the other judges in the Courthouse who were approached, stepped down, citing "Conflict of Interest." Attorney Weinberg has been a top dog attorney in Honolulu for over 30 years. It is not likely he doesn't know the judges in the courthouse, as he tries his cases there! "When I married Jan, the whiplash law had changed, his practice was failing and he was in debt. I redid his advertising campaign, redid his image, his office was in disarray. I redid that every inch. I reorganized the office and changed the way it was run over the last 28 years. As a result, the office became highly successful. I did his advertising, even wrote a commercial for him he used after the divorce. I was given no money to restart my career! Jan Weinberg was allowed to triple his advertising while I wasn't given a dime for a press agent! I refurbished our Honolulu Historical home. It took me 7 1/2 years. I had little help. I built a wing on the house without plans as when I started, I used my money and there was little. I added a his and her master suite with his and her dressing rooms in marble and granite, redid the electricity, redid the plumbing, added a Viking kitchen with granite, and decorated the whole house inside and out. I added electric gates and a new drive. I also redid the condo in Los Angeles. The same thing, it took years. I was in Honolulu for a total of 11 years, married for 9 years. I earned my half of the property. Jan never owned a property with equity in it in his life. Out of the almost million cash equity he took out of the two properties, I got none! Half belonged to me. It's just all absurd and abusive. My life and career were virtually stopped, my clothes and belongings in storage for years, I had no money to get them out. The 'damage' I suffered from this is irreparable to me and to my family. My step father had to move out of his condo, to allow me to live there. He moved to 95 degree weather in Las Vegas. It has taken three and a half years to get some justice. I'm deeply in debt. It's a mess. Mark Cherry, Producer of Desperate Housewives, offered me a job. He sent an email to my computer, which remained in storage for over a year. My fans were kind enough to write him. I didn't see the message until a year and a half later. By then, Nicole Sheridan had left the show. I was going to be cast as her sister. This is the United States of America, not a free for all for judges and attorneys to use a state court to launder cash and assets to their friends, and to break every law in the book to do so. I thank my fans for standing behind me.THIS IS A WIN FOR ALL IN THIS COUNTRY.THIS RULING WILL FOREVER CHANGE ANY JUDGE WHO WHO FEELS THEY CAN IGNORE THE CONSITUTION AND THE LAWS VOTED IN BY THE PEOPLE.”

I would like to take a moment and thank the brilliant attorney Peter Esser for always coming through for me, the intermediate court of appeals, a special thanks to Connie Watanabe for carefully studying this case, and helping justice for all. To my fans in Hawaii, and there are many, for your kind support. To all of my fans and friends who have stood by me. Edward Lozzi, the famed press agent, columnist Marci Weiner (Celeb Life), press agent Ron Scott, who kept me in the forefront, (who helped me get the famous Heil Hitler shot), my number one fan, Micheal Morrison, Chris Walker (my webmaster), all who stood by me. This is a win for everyone who goes before a court of law. These judges work for the United States of America and the people of this great country. Now I would like to introduce you to attorney Peter Esser, his remarks on the case....coming up!

Attorney Peter Esser states "This ruling will change the way judges rule in the future. I do not believe this ruling will be changed."

A statement about the appeal by Attorney Peter Esser

Date: Sat, 24 Oct 2009


Peter Esser, a Honolulu attorney who has been doing family court appeals for 20 years, had never encountered a case with such abusive conduct in family court. "Brenda's lawyer withdrew," notes Esser,"and a second lawyer merely asked the judge for a first continuance of her trial date. Brenda's husband objected, and the trial judge, Judge Choy, for no apparent reason, denied the continuance. Brenda's second lawyer then withdrew. When a third lawyer stepped up and asked for more time, Choy assigned the case to a second judge, who also refused to help Brenda. This third lawyer had only four days to prepare for a $5 million divorce trial. The first three days to ask for a new trial date with the appointed judge. Twenty four hours before the trial, some money was finally released, so discovery could be done. Too little, too late."

"Moreover," notes Esser, "the family court judges also barred Brenda from deposing her husband or his experts, barred her from introducing any exhibits at trial, and even forbid her from testifying about many of the issues in her case. As such, Hawaii Judges Enright and Choy not only denied Brenda the time to prepare for trial, they also barred her from putting on any case. When Brenda reacted to this abusive treatment by refusing to move out of her Beverly Hills apartment, Judge Choy threw her in jail for four months and imposed over $300,000 worth of illegal fines and fees. Brenda ended up with virtually nothing in a $5 million dollar divorce case."

"In reversing these rulings by abusive Honolulu judges," notes Esser,"the Hawaii Intermediate Court of Appeals (ICA) sent a clear message to family court judges in Hawaii: you can't operate in an arbitrary, arrogant and biased manner towards an innocent litigant, and if you do, we will set aside your rulings."

"The next step in this appeal," Esser says, "will take place before the Hawaii Supreme Court. If Jan Weinberg requests further review in this appeal, which is likely, Hawaii's highest court will review the ICA rulings. In my view, the ICA's rulings are correct, and ICA Judge Corinne Watanabe has carefully and thoughtfully explained its rulings in her 85-page published opinion. Brenda therefore has a very good chance of winning affirmance of the ICA's decision in the Hawaii Supreme Court."


17 comments:

Christian said...

I'm so glad of these great news! When I first read how Brenda was treated, I was amazed how this could happen in a so-called justice system. Hopefully things get corrected and you get some sort of compensation for the emotional distress!

Lots of positive thoughts from Finland to You, Brenda.

Unknown said...

What a nightmare. best to your family. This seems to have affected your entire family. Your mother's death. It's all so heartbreaking. I would like to see this in a movie of the week. I'm sure you more than likely want it all to be over!

Unknown said...

Hi brenda, finally I found where to write in on your blog! I just wanted to congratulate you on your blog. Wow! The judges belong in prison. I hope now you can go on with your career and life. How could something like this happen in the U.S. it's scary know other people will benefit from your tragedy. I hope Hawaii takes these judges off the bench.

Unknown said...

Brenda, I have watched you since I was a little girl. I have read all your blogs regarding this. I can not tell you how much I admire you for your perseverance and courage, may God be with you, and your family.

Unknown said...

That judge was a dickhead.

Mildred Pierce said...

YAY!!!!!! Thrilled to hear this! Congratulations, Miss Dickson! Best wishes for your future.

olivia said...

God bless America! Home of the brave and land of the free. I wonder if the powers that be in Honolulu will arrest these people. Why should they get away with this?

Unknown said...

I always knew you would prevail! couldn't be happier for you.

Star Angelo said...

Brenda, as a great fan and friend, I could not be happier to hear this news. Most definitely a step in the right direction. Thank GOD this has happened. There is only one way to go now and that is for Mr Weinberg and his band of law-breakers to settle this legally and provide you with the divorce settlement you are entitled to - not to mention the punitive damages of being unlawful incarcerated for months! Your defiance and stoic nature has been rewarded. You did not cave and only want what you are due. You have endured too much - your own beloved mother has passed on as a result of the stress! - and a terrible wrong must be righted.

Meg-a Music Toronto said...

Dear Brenda,

I remember you so well from Y&R, I was a teenager when I first saw you on the show and I was really disappointed when you left, I'm 43 now.

I know you have been through some really hard times, I wish everything had gone better for you. I don't know you personally but life is so hard sometimes and we all deserve to be treated with love and respect. I've been through some very difficult times too so I can relate to some of the challenges life gives us, all we can really do is dust ourselves off, be grateful for still being here and be the best we can be every day.

I just read your article in Soap Opera Digest, kudos to you for not giving up and even more so for fighting for what is yours. I really hope everything you want and deserve comes your way.

Wishing you much love and happiness always,

Mary
A fan from Toronto

Unknown said...

Congratulations! I hope this is over for you now. When do you get your property? Good God, what is going on over there,don't they know who you are? It would seem they could be in big trouble about now. They should be! I was one of your fans who wrote "Desperate Houswives". I have been waiting to see you on screen again. No wonder your career and life has been affected by this. I think these people should be punished somehow. Why should they get away with this?

Julio said...

Brenda you are an example of strength, an example of woman you are not alone.
You're the star most beautiful and nobody can turn off to you This story should have a happy ending and just.

i big kiss from Spain

JMansfield said...

Brenda...I'm just glad that everything is going your way now...You deserve the very best. I wanted to wish you a Happy Thanksgiving too......Much love

Unknown said...

Aloha Brenda, unfortunately I experienced much of the same treatment in the Honolulu Family Court - as a man & father. My divorce case spanned three years in a NO asset case, with NO minor children/ NO custody issues. The profound impacts on me were both financial and deeply emotional - many family/ parental & personal relationships were negatively affected by the Judge's decisions, based on misrepresentations made by a HIGHLY IMMORAL AND DECIETFUL LAWYER AND PLAINTIFF. Unfortunately, the conduct of lawyers & Judges is “SELF- REGULATING” in Hawaii – what a joke, the Disciplinary Counsel did NOTHING when I provided ample evidence of professional misconduct. If we lack a voice – if we are NOT allowed to protest – if Hawaii Judges and lawyers can do as they please - WE ARE BARRED FROM OUR RIGHTS TO DUE PROCESS AND THE SYSTEM COMPLETELY BREAKS DOWN. The Hawaii Judicial System – if left un-checked - will function as a third world nation - lacking basic human rights. And similar to your situation, Brenda, THE FAMILY COURT JUDGE (Enright) SUGGESTED TO MY EX's ATTORNEY THAT HE FILE A MOTION IN LIMINE TO ELIMINATE ALL (YES ABSOLUTELY ALL) OF MY EXHIBITS AT TRIAL. An extremely biased, arrogant Trial GRANTED THIS MOTION and, like you, I WAS LEFT WITH NO EXHIBITS, NO EVIDENCE. NO WITNESSES. NOTHING AT TRIAL – in a supposedly, “No Fault, Equitable Distribution State.” HOW CAN A JUDGE POSSIBLY RULE EQUITABLY IN THE ABSENCE OF EVIDENCE/ WITNESSES AT TRIAL? I found the Family Court Judges acting as “Judge Kings & Queens” operating under the “Rule of Men” rather than the “Rule of Law” – leaving a tax paying, law-abiding citizen/ father of Hawaii with minimal rights – rights which should be available to ALL Americans.

CarrotsAreGoodForYou said...

PLEASE OPEN UP A FACECBOOK ACCOUNT!

PLEASE PLEASE PLEASE!

It would so much fun interacted with you!

Bert Hamilton - I remember watching you in Y&R during the school summer breaks. I would watch the Y&R with my mom. Although I was seven, I never forgot you.

Please create a a profile at www.facebook.com so your fan can follow you

Unknown said...

Brenda,

You are as beautiful today as you were on the set just a few years ago.

I cannot believe the many tragedies that have befallen you...I extend my sympathy.

I know that you live true unto your own ever lasting beauty and life advice....I have no doubt that you will persevere through anything.

You aught to be writing a book - perhaps the next NY Times best seller, about your life. It is incredible the amazing peaks and pitfalls you have beseech-ed.

My heart goes out to you, Brenda.

Your biggest fan,

Be. Bright

Unknown said...
This comment has been removed by the author.

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