MAPA Chief Nativo Lopez seemed to be baiting Judge George Lomeli into remanding him to jail at the April 14, 2011, hearing in Los Angeles Superior Court, during which the third and determining opinion by court psychiatrist Dr. Jack Rothberg deemed him competent to stand trial on eight charges related to voter fraud, notwithstanding his jibberish. Judge Lomeli firmly told Lopez, “You are your own worst enemy..."
Dr. Jack Rothberg’s evaluation of Nativo Lopez, dated March 30, 2011, was read aloud in court by the judge. Dr. Rothberg wrote that this is his third opinion regarding Lopez; and he has reviewed previous psychiatric reports, as well as documents and affidavits regarding Lopez’ political activities and some of his YouTube videos. http://www.opposingviews.com/i/nativo-lopez-does-he-speak-for-mapa-and-mexican-americans
Dr. Rothberg opined that his discussions with Lopez suggested his reasoning is quite facile and he understands the nuances of logic, notwithstanding his “ jibberish” regarding procedural issues in regard to his current predicament; and that Lopez’ reasoning is clear and articulate and without any evidence of thought disorder.
Dr. Rothberg also stated that Nativo Lopez made many logical arguments, including rebuttals to the doctor’s two prior evaluations, both of which Nativo felt were biased even though they gave diametrically opposite opinions. The doctor indicated he believes there is evidence of malingering and concluded that Mr. Lopez is competent to stand trial despite his utterances of a nonsensical nature as to the court proceedings.
Both Deputy District Attorney Juliet Schmidt and Deputy Public Defender John Powers accepted the report, and Judge Lomeli announced that he is reinstating the criminal proceedings against Nativo Lopez that had been previously suspended. He advised Lopez of his three options: 1) he has two weeks to retain private counsel; (2) he can represent himself, but he must first fully complete a Faretta waiver; or 3) he can continue to be represented by a Public Defender.
Nativo repeatedly asked if this was an order and the Judge answered each time that these were options. Lopez also asked the judge several times if he was making him an offer because he (Lopez) was unaware of a commercial agreement with his signature. He referenced the Uniform Commercial Code, which the judge responded does not pertain to these criminal proceedings.
Judge Lomeli said he had no idea what Lopez was talking about as Nativo Lopez insisted, “I accept your dishonor.” Judge Lomeli impatiently asked, “What does that mean?” Finally the exasperated judge stated that he was presenting three options; and, since Lopez would not unequivocally answer his question, he was appointing Deputy Public Defender John Powers to continue representing him. He set pre-trial hearing for May 24, which could be extended to June 13 by defense counsel.
Even then, Nativo Lopez continued to interrupt regarding an offer. Judge Lomeli warned that if he continued to disrespect and disrupt the court with nonsensical statements, he would remand him to custody again. He told Nativo, “You are your own worst enemy when you continue to talk that way.”
Nativo Lopez’ Support/ Defense Strategy
On April 11, an e-mail “From: Mexican American Political Association <[email protected]>” issued a plea, which included:
Attend the next court hearing to show your support and demand that the case be dismissed…
Ask Nativo to speak to your group, organization, church, union, or community about the case and the use of Common Law remedies in criminal prosecutions and other civil cases;… “
It was reposted on Yahoo e-mail, with the following introduction:
“JUSTICE FOR NATIVO LOPEZ – URGENT
“Hope many of you can make it to this very important Court Hearing. Let's show the White Power court system that we backup our brother Nativo Lopez! The Southern CA Immigration Coalition, along with countless organizations from all over the country are in full support of Nativo!”
Social Justice Educator/Community Organizer
Union del Barrio
Southern CA Immigration Coalition http://groups.yahoo.com/group/NetworkAztlan_News/message/45544
A March 14, 2011, e-mail, Justice for Nativo: Critical Update - by Justice for Nativo Committee, set forth his anticipated courtroom strategy, as follows:
“ Nativo has decided to not represent himself in the case because he declares that he is not the legal fiction - ALL CAPS NAME - created by the government and charged by the government in the court documents - THE PEOPLE OF THE STATE OF CALIFORNIA VS. NATIVO LOPEZ. He is a real living man, not a legal fiction. Under common law a legal fiction cannot prosecute a real living man. He has decided to use the common law, which precedes the United States Constitution, and actually precedes the establishment of the republic of the united States of America; contract law; and estate law; to have this case, being prosecuted by a public official representing the legal fiction of the Office of the District Attorney of Los Angeles County, dismissed.”
“Under Common Law for a crime to actually exist two things are required: one, a living man or woman complainant who has suffered damages to his/her person or property; and two, actual damages to property or person. In the case brought against Nativo Lopez, neither of these criteria exists. And, this is the case of literally millions of other men and women incarcerated for victimless crimes, and less than victimless crimes based on man-instituted statutes, ordinances, regulations, rules, and discretionary authority used and abused by the myriad of public officials who live off the sweat of the brow of the masses of working people of this state and country.” http://www.mapa-ca.org/#/news/updates
More Nativo Lopez on www.opposingviews.com