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83 year-old woman Kidnapped from her home.

December 3, 2010

My friend Chuck told me an unbelievable story…and then sent me proof of the event. Imagine coming home to find your mother has been taken by the state! Chuck Figureoa of Broken Arrow, Oklahoma did just that. He then search for her, found her 2 weeks later and checked her out of the nursing home. Took her back to her house and they came back for her. Here is the email,affidavit , and documents in his current fight. To date, he still has no idea where his mother is.
If you read the AFFIDAVIT/CRIMINAL ACTIVITY REPORT ATTACHED (Word Document) the whole story from the beginning is in there, also i have to cut the video of what happened the day they kidnapped my mom because it is to large of a file to attach by email.

 

Attached are some of the latest documents on the case the on the bogus alleged habeas corpus judgment document i stamped “refused for fraud” and sent each one of the usurped attorneys a copy on the habeas.
i went to the court clerk Wednesday day to file my Praecipe and asked the clerk for the (supposed) signed copy of my filed Writ of Habeas Corpus and low and behold she said there was no “writ of Habeas Corpus,just the Petition of habeas corpus, i stated that i did file the actual writ and wanted to know what they did with it, she then said they don’t have it so you must have not filed it, ” bullcrap i had my witness along that said he witnessed me submitting it to her to be filed and she filed it, so i had to go back to the office and print out a new one, then later that night i looked through my files and happen to have a copy of the docket and it shows that it was filed, it also shows that the judge was to notify the respondent which she never did.
i will send that to you as soon as i scan it, exhibit “A” is the secret alleged hearings they are having behind my back that a clerk in the Probate area mistakenly gave me,…i guess he must of thought i was an attorney?…

Also Judge never enforced a return to the writ hence never bringing my mother to the supposed hearing and never required the respondet/s who is holding my mother,…in other words they never showed up to the scheduled hearing to produce any legal papers or such to have seized Wanda Figueroa of her liberties .
On October 28th 2010 they closed her bank account and have stolen her funds and Social Security and now the respondents are trying to steal her property/house, i guess they don’t know i have a UCC-1 ,security agreement on moms property and assets, but it doesn’t matter since its an unlawful kidnapping and the crooked judge never had authority/jurisdiction from day 1 (void).

Regards,
Chuck.

 

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

AFFIDAVIT /REPORT OF CRIMINAL ACTIVITY

County of Tulsa       )

)ss

State of Oklahoma                           )

BEFORE ME _________________________, the undersigned authority, a Notary Public in and for the State of Oklahoma, appeared Affiant, Carlos A,Figueroa, being upon oath administered by me, and having personal knowledge of the facts herein, affirms the following to be true, correct, and certain under penalty of perjury in accordance with the laws of the State of Oklahoma that:

1.    Affiant herein, Carlos A,Figueroa, state that I am competent and being of the age of majority affirm that my “yes” be “yes” and my “no” be “no” and that the facts stated herein are true, certain, correct, and not misleading and are made upon first hand knowledge except to those matters stated upon reason and belief which Affiant believes to be true.

2.    On or about Thursday Sept 23,2010, I was working when I received a voice mail from a Sherrill Cherry from the DHS stating that they sent someone to my mothers house because the water had been shut off by the Broken arrow water dept, as soon as I heard the voice mail I immediately called her back , she told me that some one was sent out to investigate and I told her that I was getting water through a third party because of a dispute with the BA water Dept and I threatened them with a commercial lien, that the BA water Dept is just retaliating, she stated “ok we didn’t know and I will tell the person we sent over there.

3.    About 1 ½ hours later I arrived home to find my mother missing, and that some person or persons had opened up and gone through all of our mail (my mothers and mine) in violation of Oklahoma Title 21-Criminal Code §211781.  Letters, opening and reading  Publishing letters.and knew it wasn’t my mother because she leaves it in the mail box for me to bring in at the end of the day when I return from the grocery store, the mail was ripped open and scattered on the coffee table and the drawers at the end of the stereo were left open and all the papers in there were pulled out and scattered on top of the stereo as if someone was looking for some papers, I went next door to ask my neighbor Arnold if he knew where mom is and he said that DHS, the police and fire dept was at my house and they must have taken my mother somewhere, violating my mothers constitutional rights under 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. “If two or more persons conspire to injure, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway or the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – they shall be fined not more that $10,000 or imprisoned not more than 10 years, or both:  and if death results they shall be subject to imprisonment for any term of years or for life”, and amendment 4 of the Bill of Rights of the Constitution.Search and SEIZURE-The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. I immediately called the police and they told me to call the DHS, I called Sherrill Cherry and asked where my mother is and she said, “well I cant tell you right now, I don’t have the file with me” I stated ”I hope have not kidnapped my mother out of her house and she better be returned home”, she said she will call me back but never has or even returned any of my calls .

4.    On or about Sept 24th, 2010,I kept calling DHS to find my mom ( left voice message for Sherrill Cherry 3 times) but nobody would tell me where she was.in violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus)

5.     On or about Sept,27th,2010I spoke to an attorney named Chris Mansfield and explained what happened, he called a lady he knew at DHS named Ivonne Fisher and asked if she knew where an elderly lady named Wanda Figueroa was that her son was trying to find her, she said she is in a hospital. That is when Chris said you better go check the hospitals and let me know if you find her, come back by tomorrow.

6.    I immediately left and started going by every hospital in BA and Tulsa when a receptionist at South Crest said she will call all the hospitals and find which on my mom is in, after about 45 mins worth of calls she said no hospitals have your mom or she is being held confidentially.

7.    On or about Oct 7th I went to the BA police dept and requested the police report of that day they arrived at my and my moms house the day she was abducted, but they told me there was no report, violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus) I stated there had to be because my witness(neighbor) said there were 2 police cars at our house and if they don’t find a report I am going to file a missing persons report, the lady then said it may take a while for us to find any anything and I gave her my phone # and told her to call me.

8.    About 2 hours later the BA police dept leaves a voice mail on my phone that the BA fire Dept has the report but I cant see it unless my mom signs for it or unless I go to a judge and get a power of Attorney. violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeas corpus)

9.    On Friday Oct 8th I went to the FBI to file a missing persons report with a witness/business associate John Dickerson, and met with an FBI agent named Dan, I explained the situation to agent Dan and he seemed very interested in it and said he couldn’t guarantee anything but would see if he could locate my mother

10. About 1 hour later FBI agent Dan calls me and said I know where your mother is and to call a guy named Reginald Sharp, that he is the DHS person that took your mother from her house. I immediately called Reginald sharp and he admitted to taking my mother from her house because she didn’t have CITY water, violating my mothers constitutional rights under 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. “If two or more persons conspire to injure, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway or the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – they shall be fined not more that $10,000 or imprisoned not more than 10 years, or both:  and if death results they shall be subject to imprisonment for any term of years or for life”, and amendment 4 of the Bill of Rights of the Constitution.-Search and SEIZUREThe right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. And Title 21 of Oklahoma Criminal code §21-741. Kidnapping defined.-Any person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either: First. To cause such other person to be confined or imprisoned in this state against the will of the other person; or Second. To cause such other person to be sent out of this state against the will of the other person; or Third. To cause such person to be sold as a slave, or in any way held to service against the will of such person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten(10) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense. and also §21-745. Kidnapping for purpose of extortion Assisting in disposing, receiving, possessing or exchanging money or property received.
A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another
, for the purpose of extorting any money, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, or from any other person, or in any manner threatens either by written instrument, word of mouth, message, telegraph, telephone, by placing an ad in a newspaper, or by messenger, demands money or other thing of value, shall be guilty of a felony, and upon conviction shall suffer death or imprisonment in the State Penitentiary, not less than ten (10) years. B. Every person, not a principal in the kidnapping and not a relative or agent authorized by a relative of a kidnapped person, but who knowingly aids, assists, or participates in the disposing, receiving, possession or exchanging of any moneys, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary, not less than five (5) years. i told him of my dispute with the city of BA and I told Sherrill Cherry I am getting my water supply elsewhere, and she told me she would tell you that, he said she never told him anything and said your mom is in a nursing home I told him they had no right to abduct my mom and I am going to go get her out of that god-forsaken place he said ok and gave me the name and address of the nursing home (Maple Wood).

11. Immediately my business associate John Dickerson and i went to rescue my mother, when we arrived I asked where my mother Wanda Figueroa is and they took me to her room, when we got to her room I looked in and saw her curled up in a fetal position on a bed all alone I rushed over and said mom its me Chuck your son and I have come to take you home, she opened her eyes started to try to sit up and I helped her she started crying and said please take me home I miss you , I said mom I have been trying to find you for over 2 weeks but they wouldn’t tell me where you were, I promise I will never let this happen to you again and I am taking you back home right now and nobody is going to ever hurt you

12. She was crying and was hugging me not wanting to let me go whenever I looked at her and talked to her she could barley keep her eyes open and she lost so much weight and looked like she was drugged.

13. A nurse came in and asked my mother if she wanted to go back home with me and she said yes I want to go back home with my son.

14. They gathered her belongings we wheeled her to the front where the supervisor/administrator cut off the electronic tracker they had on moms ankle we wheeled her to the front door and the nurse came over and punched in the security code at the front door so we could leave.

15. After having her home about 1 hour the BA police, an officer Hill, and at least 2 other um-identified officers and DHS Reginald Sharp and another DHS person named Smock show up at our door saying they are taking my mother back I asked them for the paper work , order or warrant, they said they have a VERBAL ORDER and they are coming in and getting my mother, in said not if you don’t have any bonified proof like a warrant ,written order, affidavit or anything they better get off our property that’s when they said they don’t need any papers or proof and they’re going to come in anyway and get my mother, my mother told them to get off her property and not to touch her that she is not going any where. they violated my mothers constitutional rights under 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. If two or more persons conspire to injure, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway or the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – they shall be fined not more that $10,000 or imprisoned not more than 10 years, or both:  and if death results they shall be subject to imprisonment for any term of years or for life”, and amendment 4 of the Bill of Rights of the Constitution.-Search and SEIZURE-The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized A man identifying himself as Reginald Sharp from DHS said he had the right to just come in and take my mom with no warrant or paperwork and that is what they are going to do I told him to leave our property and come back with a warrant , he said and when we take your mom I need to secure the house and you need to leave, I said what are you talking about he said do you live here I said of course I do, he asked if the house is in your name? I said I THINK its in my mothers name he then said well we are going to become her guardians and the house will belong to us so you need to leave violation of Title 21 of Oklahoma Criminal Code §21-2001. Unlawful proceeds – Counsel – Banks – Imprisonment and fines. (A). It is unlawful for any person knowingly or intentionally to receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving such proceeds, known to be derived from any violation of the Oklahoma Statutes. This subsection does not apply to any transaction between an individual and the counsel of the individual necessary to preserve the right to representation of the individual, as guaranteed by the Oklahoma Constitution and by the Sixth Amendment of the United States Constitution. However, this exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of the Oklahoma Statutes. (B). It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any violation of the Oklahoma Statutes. (C). It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of the Oklahoma Statutes. (D). It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds derived from a violation of the Oklahoma Statutes, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds known to be derived from a violation of the Oklahoma Statutes, or to avoid a transaction reporting requirement under state or federal law.

16.  I said so that’s your scam!!! he suddenly got a surprised look on is face like oops I said to much I than said nobody is going to steal our property and I am calling the sheriffs dept and have you all arrested. So I called both the sheriffs dept and the state police, After about 30-45mins they left. About 30 mins later the BA Police and a Sheriffs Deputy show up park across the street and get bout of there cars and group up together across the street and start talking. About 10 mins later the sheriffs deputy approaches my house with a couple of BA police officers I walk out on the porch the sheriffs deputy I believe named Pat Martin said they come to take my mother and again I asked to see a warrant or court order or some kind of paper, he said he had a VERBAL ORDER to take my mom and again I said I need to SEE a LEGAL document like a warrant, affidavit, mittimus papers of some type of legal document, until then nobody can come in here and abduct my mother. Deputy said if I get in the way I will be arrested for contempt of court, he violated18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. “If two or more persons conspire to injure, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway or the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – they shall be fined not more that $10,000 or imprisoned not more than 10 years, or both:  and if death results they shall be subject to imprisonment for any term of years or for life” and Article1 Clause I of the Constitution no state shall work against US Constitution with anyone and Article 1 Section 9,Clause 3 of the Constitution no person or group can make a law, judge on it, and punish under , and amendment 4 of the Bill of Rights of the Constitution.-Search and SEIZURE-The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. And Title 21 of Oklahoma Criminal code §21-741. Kidnapping defined.-Any person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either: First. To cause such other person to be confined or imprisoned in this state against the will of the other person; or Second. To cause such other person to be sent out of this state against the will of the other person; or Third. To cause such person to be sold as a slave, or in any way held to service against the will of such person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten(10) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense. and also §21-745. Kidnapping for purpose of extortion Assisting in disposing, receiving, possessing or exchanging money or property received.
A. Every person who, without lawful authority, forcibly seizes and confines another,
or inveigles or kidnaps another, for the purpose of extorting any money, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, or from any other person, or in any manner threatens either by written instrument, word of mouth, message, telegraph, telephone, by placing an ad in a newspaper, or by messenger, demands money or other thing of value, shall be guilty of a felony, and upon conviction shall suffer death or imprisonment in the State Penitentiary, not less than ten (10) years. B. Every person, not a principal in the kidnapping and not a relative or agent authorized by a relative of a kidnapped person, but who knowingly aids, assists, or participates in the disposing, receiving, possession or exchanging of any moneys, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary, not less than five (5) years. it i asked “what court? You don’t even have any proof of a court order ,warrant or anything” as far as I am concerned you don’t have any legal right on our property and you all are trespassing! I asked my mother if she also wants them to leave and she yells at them “get the hell off my property”.They then called again the Emergency Medical Services Plus- one that identified himself by the last name of either Butler and another one said his last name was Gwartney is what the two Emergency Medical Services Plus guys told me their names were, they came in started grabbing my mother,in violation of §21-681. Assaults with intent to commit felony.
Any person who is guilty of an assault with intent to commit any felony, except an assault with intent to kill, the punishment for which assault is not otherwise prescribed in this code, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment . she was hitting there arms and pulling my mom up out of her chair when she was yelling don’t touch me! get out of my house! get your hands off me ! And trying to physically defend herself and fight them off by hitting there arms as they were attacking her in violation of. 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. “If two or more persons conspire to injure, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway or the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – they shall be fined not more that $10,000 or imprisoned not more than 10 years, or both:  and if death results they shall be subject to imprisonment for any term of years or for life”, and amendment 4 of the Bill of Rights of the Constitution.-Search and SEIZURE-The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. And Title 21 of Oklahoma Criminal code §21-741. Kidnapping defined.-Any person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either: First. To cause such other person to be confined or imprisoned in this state against the will of the other person; or Second. To cause such other person to be sent out of this state against the will of the other person; or Third. To cause such person to be sold as a slave, or in any way held to service against the will of such person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten(10) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense. and also §21-745. Kidnapping for purpose of extortion Assisting in disposing, receiving, possessing or exchanging money or property received.
A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, for the purpose of extorting any money, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, or from any other person, or in any manner threatens either by written instrument, word of mouth, message, telegraph, telephone, by placing an ad in a newspaper, or by messenger, demands money or other thing of value, shall be guilty of a felony, and upon conviction shall suffer death or imprisonment in the State Penitentiary, not less than ten (10) years.
B. Every person, not a principal in the kidnapping and not a relative or agent authorized by a relative of a kidnapped person, but who knowingly aids, assists, or participates in the disposing, receiving, possession or exchanging of any moneys, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary, not less than five (5) years. And Oklahoma Criminal Code §21-425. Engaging or conspiring to engage in pattern of criminal offenses. (A). Any person who engages in a pattern of criminal offenses in two or more counties in this state or who attempts or conspires with others to engage in a pattern of criminal offenses shall, upon conviction, be punishable by imprisonment in the Department of Corrections for a term not exceeding two (2) years, or imprisonment in the county jail for a term not exceeding one (1) year, or by a fine in an amount not more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Such punishment shall be in addition to any penalty imposed for any offense involved in the pattern of criminal offenses. Double jeopardy shall attach upon conviction. (B). For purposes of this act, “pattern of criminal offenses” means: 1. Two or more criminal offenses are committed that are part of the same plan, scheme, or adventure; or 2. A sequence of two or more of the same criminal offenses are committed and are not separated by an interval of more than thirty (30) days between the first and second offense, the second and third, and so on; or 3. Two or more criminal offenses are committed, each proceeding from or having as an antecedent element a single prior incident or pattern of fraud, robbery, burglary, theft, identity theft, receipt of stolen property, false personation, false pretenses, obtaining property by trick or deception, taking a credit or debit card without consent, or the making, transferring or receiving of a false or fraudulent identification card. (C.) Jurisdiction and venue for a pattern of criminal offenses occurring in multiple counties in this state shall be determined as provided in Section 1 of this act. As they took her outside I grabbed my mom while she was strapped on the gurney and said don’t worry mom I will not let t hem get away with this and I will come and get you and bring you back home, I hugged her and kissed her as she was crying I then told the sheriffs deputy Pat Marten that I wanted to press abduction/kidnapping charges on the parties involved in the unlawful abduction of my mother, his reply was its not my jurisdiction ,smiled ,got in his car and left violating Oklahoma Criminal Code §21-345. Refusal of officer to perform duty . Every county clerk, court clerk, judge of the district court, district attorney, county commissioner, or sheriff, who willfully fails or refuses to perform the duties of his or her office according to law, is guilty of a misdemeanor.

17. On or about Oct ,12th I went to the broken Arrow Police Dept to get a copy of the police report on the event that happened at my mother and my house at Oct 8th 2010 , but they refused to give me a copy or lat me see the police report the incident that happened at our house on Oct 9th 2010. ,violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. I called Reginald Sharp and asked where they are keeping Wanda Figueroa at he asked who this is and I said her son Chuck Figueroa, he replied I cant tell you right now ,violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS., I asked if he was bonded and he said “no” I then ended the call.

18. later that afternoon my friend John Dickerson and I went down to the Tulsa County court house to see if we could find out what happened to my mother and where she mat be, we spoke to the court clerk of judge Teresa Drieling and told her who we were and we were trying to locate my mother Wanda Figueroa, she told us judge Drieling is busy and for us to go sit in the court room next door and wait for her to come over there and talk with us. Affiant also requested a copy of Judge Teresa Dreilings oath or affirmation and proof of bond by submitting a completed FOIA  request form. To judge Theresa Dreilings clerk. About 20 mins later the court clerk for judge Drieling entered the empty court room where we were and said that there is a hearing involving my mother the next day at 2:30 pm and for us to report to room 329 and tell them who we are, I asked is room 329 were the hearing is? She replied “no, but you need to go there and wait till they are finished in there and then tell them who you are, I thanked her and left, ,violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS.

19. On or about Oct 13th 2010, my friend John Dickerson and I arrived at room 329 at 2:30 and after about 10-15 mins realized that this was a criminal court room and that it couldn’t be the right room and by the time proceedings would be finished it would be much later in the afternoon, so we decided to go to the court clerk of judge Drieling to make sure we were in the right place

20. When we arrived at judge Drielings clerk, the clerk looked surprised to see us there as I asked which room it is that we are suppose to go to again she said room 329, I asked is that the room the hearing regarding my mother is going to be in? She replied yes that’s the room, I asked are you sure that’s where the hearing is being held she replied yes, judge Drieling just left and is on here way there now, ,violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. I asked judge dreilings clerk for the copy of judge dreilings oath or affirmation and bond information and my request was denied. in violation of Section 24A.20 – Access to Records in Possession of Public Body or Official for Investigatory Purposes ,and Section 24A.5 – Open and Confidential Records , Section 36.3 – Oath or Affirmation – Form – Place of Filing – No Filing Fee, and Section 24A.2 – Political Power – Public Policy and Purpose of Act, and Section 24A.17 – Violations of Oklahoma Open Records Act – Civil Liability.

21. We went back upstairs to the 3rd floor when a well dressed man and woman said we looked lost and asked what court we were looking for, I replied room 329 judge drielings court , the gentleman said no it cant be room 329 that’s criminal court , drug court etc , judge Drielings court is not in that room, I thanked him and as john and I walked down the hall I noticed Reginald Sharp of DHS walk into another court room when I approached the room I looked in and saw judge Drieling sitting at the bench so john and I walked in and sat down, when the judge started the hearing and the judge addressed me I ask if I could ask some questions of the court she replied yes as I then where was a written order and affidavit to effect seizure of my mother, she declined to reveal that to me I also asked who is preventing my mother from contacting me ,she declined to tell me who that was ,violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeas corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS., a woman attorney who claimed to be council to my mother objected to me being there and requested that it be a closed hearing, the judge agreed ,i then asked the judge who do I name in my petition for Habeus Corpus, she declined to tell me who and said this is a closed hearing and said I am dismissed. ,violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeas corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS.

22. Affiant has never seen or received from Broken Arrow Police, DHS Adult Protection Services, Tulsa County Sheriffs Deputy, Judge Drieling, Court clerks, or attorneys, any legitimate mittimus papers, commitment papers subpoena, affidavit, warrant, written court order, etc to effect seizure of my mothers liberties, as affiant has requested numerous times to where his mother is being held, Affiant continued demands for any of the parties involved to produce legal documents.

23. Affiant filed an Emergency petition for Habeas Corpus, Writ of Habeas Corpus and Affidavit in support and REPORT OF CRIMINAL ACTIVITY on  or about Wednesday November 3rd 2010. immediately the court clerk sent Affiant and Affiants associate John Dickerson to floor 7 to talk to judge Sellars, clerk referred to the meeting with judge Sellars as a “hearing “ I responded by saying I am not prepared at this very moment for a hearing right this moment, she said I suggest you go up there any way and you may be more prepared that you think.

24. Upon arriving to judge Sellars chambers I stated that I am not prepared for a hearing this evening , but I will be tomorrow, he then proceeded to question me on the merits of the case and referenced an alleged hearing on  alleged guardianship for my mother and mentioned that there was numerous other court records in my mothers file and asked if I was aware of them , I told him that unless there is a RETURN OF THE WRIT by the respondents I cannot discuss the merits of the case and as soon as there is a RETURN OF THE WRIT I can discuss the issues I have with the non jurisdiction of the court ,that I an squarely challenging the courts jurisdiction from the very start, and as soon as there is a RETURN OF THE WRIT I can address issues. He then called a judge and told that judge of the Petition for the Writ. Then called and spoke to Judge Dreiling and had a discussion over the phone with her about my case he stated well I have here Mr.Figueroas EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS  and he is demanding that his mother be there, so we need to have Mrs Figueroa be there, I heard him say to Judge Dreiling,.”.He asked for and open records request on you?” . I heard him say to Judge Dreiling ,”so you are worried about not having jurisdiction?….. ahhh….. the jurisdictional thing?”  and, at the end of the conversation he stated “this matter ought to be heard, and I don’t think there’s any question he has the right to enquire about his mother, I have  read the statute you mentioned earlier about the closed hearing but there has got to be a way for him to address the matter, this is an Emergency Petition for Writ that COMMANDS the Department of Human Services to have the body of Wanda Figueroa before the court I don’t think the Writ of Habeas Corpus is suspended for notification of other council, I don’t think our local rule could impair the constitutional right of writ. They should be noticed, ill take the matter up tomorrow morning and give notice, give phone numbers, tell me a time if I should choose to do that. I don’t need you to remain ill make some determination on how to address the matter,  Well im going to go ahead and set the matter for a hearing on application for Writ tomorrow before you at 10:00 am and ill direct Mr. Figueroa to appear at that time and  present the matter .

25. he addressed his clerk “Kaye, will you show that Carlos Figueroa appeared and after phone consultation with Judge Dreiling, the Emergency Application for Writ of Habeas Corpus is set for HEARING before Judge Dreiling 11-4 at 10:00 am, JUDGE DREILING TO NOTIFY DHS and APPOINTED COUNCEL FOR WARD , my direction for you Mr. Figueroa is to appear before Judge Dreiling tomorrow morning at 10:00  and SHE IS GOING TO NOTIFY THE OTHERS OF YOUR APPLICATION AND THE OTHER LAWYERS ON THIER RIGHT TO APPEAR  on the application for Habeas Corpus and hopefully the matter can get resolved at that time scheduled, if it cant be resolved at that time then maybe it can be re scheduled so the GAURDIANSHIP CAN BE DISSOLVED  if that’s what needs to happen .

26. On nor about Thursday November 4th 2010, I arrived at court room 124 with my witnesses/associates John Dickerson and Clifford Hjelm. As the hearing started I noticed none of the respondents were there, only the respondents counsel and two other public defenders that CLAIM to be my mothers counsel, at the start of this court session Judge Dreiling announced she was ORALLY APPOINTING the PUBLIC DEFENDERS OFFICE to represent Mrs. Figueroa in this case (violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeas corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS.) as they are appointed to represent her in PG-2010-683 and it’s the PUBLIC DEFENDERS OFFICE THAT WILL PRESENT THE COURT WITH AN  ORDER TO THAT AFFECT AT SOME POINT IN TIME. Then the public defender Stanford Lane thanked her for that. Judge Dreiling then stated” for the record Ms Fisher, Mr Lane and Ms Terrell did you receive notice of this Writ from Mr,Figueroa?” Ms Fisher said “no the department did not Judge and he knows where my office is”, them Mr. Lane said” no you honor Judge Dreiling said okay Mr.Figueroa this is your Writ of Habeas Corpus and also for the record I Ugh. .only recently received a copy …Ugh about a quarter till..Ugh..thats when Mrs. Fisher said “that’s when I received my copy” Juge Drieling said Mr. Figueroa this is your Emergency petition for Writ of Habeas Corpus she asked what was my relation to Wanda Figueroa? I answered that I am her son, she asked if I was Guardian to Mrs. Figueroa? I said “your honor I object, “there has been no RETURN OF THE WRIT, I CANT DISCUSS THE MERITS THE RESPONDENTS HAVE FAILED TO RETURN THE WRIT judge Dreiling interrupted and said “I don’t know what you mean by RETURN Mr. Figueroa” I said Returning the Writ,..the AFFIDAVITT, the Writ ,THEY WAVED THEIR RIGHT TO PROSECUTE THEIR POSITION,..SO MRS.FIGUEROA MY MOTHER IS ENTITLED TO IMMEDIATE DISCHARGE AND I REQUEST THE SAME”  then Judge Dreiling said “Mr. Figueroa I have no idea what your talking about” what are you talking about, what is a return to the Writ?”……… I said……”RETURN TO THE WRIT, THERE HAS TO BE, A RETURN” (§12 1338. Return of writ Enforcing obedience. The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he neglect or refuse, after due service, to make return, or shall refuse or neglect to obey the writ by producing the party named therein, and no sufficient excuse be shown for such neglect or refusal, the court shall enforce obedience by attachment. R.L. 1910, § 4889.)….. (supporting law-   §12 1333. Courts which may grant writ   Grant without delay. Writs of habeas corpus may be granted by any court of record in term time, or by a judge of any such court, either in term or vacation; and upon application the writ shall be granted without delay. R.L. 1910, § 4884. .§12 1334. Direction and command of writ. The writ shall be directed to the officer or party having the person under restraint, commanding him to have such person before the court, or judge, at such time and place as the court or judge shall direct, to do and receive what shall be ordered concerning him and have then and there the writ. R.L. 1910, § 4885.

27. judge Dreiling asked who has to return it ,i said the people who are in possession of my mother the DEPARTMENT OF HUMAN SERVICES Judge Dreiling said how can there be a return to the writ if those people never received your Petition until 5 minutes ago ?” violation of title 21 of the Oklahoma Criminal Code §21-835 (concealing persons to avoid habeaus corpus) and 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. And §21-1533 SHAM LEGAL PROCESS C. Every person who falsely asserts authority of law not provided for by federal or state law in connection with any sham legal process shall, upon conviction, be guilty of a felony, punishable by imprisonment for not more than two (2) years, or a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. I said its my understanding your honor that the sheriffs dept is suppose to bring the Writ to them , then they return the Writ then we have the hearing ,Judge Dreiling said “Did you take it to the Sheriffs dept?” (§12 1335. Delivery to sheriff. If the writ be directed to the sheriff, it shall be delivered by the clerk to him without delay.R.L. 1910,(§ 4886.) §12 1336. Service on party other than sheriff. If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him served by delivering to such person without delay. R.L. 1910, § 4887. and §43A-1-108.  Habeas corpus – Notice – Evidence.

28. A.  Anyone in custody as a person in need of treatment or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in the person’s behalf pursuant to the provisions of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes. B.  Upon the return of a writ of habeas corpus, whether the person is a person requiring treatment as defined by Section 1-103 of this title or whether the minor is a minor requiring treatment as defined by Section 5-502 of this title shall be inquired into and determined. C.  Notice of hearing on the writ must be given to the guardian of the consumer, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct. D.  The medical or other history of the consumer, as it appears in the facility record, shall be given in evidence, and the executive director of the facility wherein the consumer is held in custody shall testify as to the condition of the consumer. E.  The executive director shall make available for examination by physicians selected by the person seeking the writ, the consumer whose freedom is sought by writ of habeas corpus. F.  Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the consumer shall be admitted in evidence. I said “I didn’t have a chance to I filed it was told to immediately go to judge sellers and he set the hearing for this morning, Judge said she cannot proceed until I figure out what your asking for.(FRAUD UPON THE COURT Fraud upon the court embraces only that species of fraud which does or attempts to, defiles the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.[Appling v. State Farm Mut. Auto. Ins. Co., 340 F.3d 769, 781 (9th Cir. 2003)] so if you do not want to answer the courts questions  you need to tell me and I will rule on YOUR WRIT based on the papers, 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. And  §21-1533 SHAM LEGAL PROCESS C. Every person who falsely asserts authority of law not provided for by federal or state law in connection with any sham legal process shall, upon conviction, be guilty of a felony, punishable by imprisonment for not more than two (2) years, or a fine not exceeding Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. And (FRAUD ON THE COURT In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. … It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”) is that what you want me to do?” I said your honor I cant discuss the merits of the case till there is a return to the writ. Judge said then Mr. Figueroa I will rule on your writ based in the papers she then asked if Mrs. Fisher counsel for DHS objects to my emergency Petition for Writ of Habeas Corpus Ms fisher said yes, Judge Dreiling asked Mr. Lane and Mrs. Terrell alleged counsel for my mother if they object to Mr.Figueroas Writ ,they said yes.(Sham Legal Process) Then the Judge and the lawyer for DHS started discussing the alleged PG-2010-683 case and the merits of that alleged hearing and tried to offer it in as evidence, I objected, Judge Dreiling said” on what basis Mr. Figueroa?” I said”  on the basis ,once again there has been NO RETURN OF THE WRIT THAT BEING SAID THIS IS MINISTERIAL AND NOT BY JUDICIAL DISCRESSION (§12 1338. Return of writ   Enforcing obedience. The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he neglect or refuse, after due service, to make return, or shall refuse or neglect to obey the writ by producing the party named therein, and no sufficient excuse be shown for such neglect or refusal, the court shall enforce obedience by attachment. R.L. 1910, § 4889.) and that is my objection .Judge called a recess to look over the papers. After recess she read my emergency writ of habeas corpus, Judge Dreiling then said she reviewed my papers including my attachment in support and REPORT OF CRIMINAL ACTIVITY, she said ‘I have reviewed the papers in alleged case PG-2010-683. (Sham Legal process) ,and I am denying the Petition for Writ of Habeas Corpus THEREFORE THERE IS NO NEED FOR RETURN ON THE WRIT OF HABEAS CORPUS..IT IS DENIED she then went on to say the PG-2010-683 DHS order is a valid order .AIDING AND ABBETTING in kidnapping Title 21 of Oklahoma Criminal code §21-741. Kidnapping defined.-Any person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either: First. To cause such other person to be confined or imprisoned in this state against the will of the other person; or Second. To cause such other person to be sent out of this state against the will of the other person; or Third. To cause such person to be sold as a slave, or in any way held to service against the will of such person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten(10) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense. §21-745. Kidnapping for purpose of extortion Assisting in disposing, receiving, possessing or exchanging money or property received.
A. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, for the purpose of extorting any money, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped
, or from any other person, or in any manner threatens either by written instrument, word of mouth, message, telegraph, telephone, by placing an ad in a newspaper, or by messenger, demands money or other thing of value, shall be guilty of a felony, and upon conviction shall suffer death or imprisonment in the State Penitentiary, not less than ten (10) years.  B. Every person, not a principal in the kidnapping and not a relative or agent authorized by a relative of a kidnapped person, but who knowingly aids, assists, or participates in the disposing, receiving, possession or exchanging of any moneys, property or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary, not less than five (5) years. R.L. 1910, § 2378. Amended by Laws 1935, p. 17, § 1; Laws 1937, p. 13, § 1; Laws 1997, c. 133, § 238, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 142, eff. July 1, 1999.

29. Judge Drielig then said I have no authority to file a writ of habeas corpus on my moms behalf and said I was not allowed to participate in any more proceedings I case involved with my mother, unless I file the proper paper work, until then I may not participate in any more proceedings. I objected again.

Further Affiant saith not,

State of Oklahoma               )

) ss

County of  Tulsa                  )  

On the _____ day of November in the year 2010, before me, the undersigned, a Notary Public in and for State of Oklahoma, personally appeared Carlos A,Figueroa, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed, the instrument.

Signature of Notary:_______________________  Seal:

Commission Expires:________________________

As an interested party, and Victim, Non-attorney, Witness

Dated this _____ day of __________________.

Respectfully submitted and signed

by Carlos A,Figueroa, without prejudice

_________________

 

 

 

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7 Comments leave one →
  1. December 7, 2010 3:55 pm

    that was horrible!

    • December 8, 2010 2:08 am

      He found out that they shut her bank account down and are now trying to take possession of her house. The corruption that I have seen lately shows the true evil in this world. We can only safe guard what is near. Thank you for your comment Trisha.

  2. December 9, 2010 9:06 am

    This is very sinister indeed

  3. December 10, 2010 3:07 pm

    I’m shocked! Since when has Oklahoma become a “police state”. It sounds to me like a misunderstanding about the water situation started this whole mess. Your friend needs a good attorney.

  4. dan permalink
    December 12, 2010 4:13 am

    This case needs to be brought up in an investigative tv program. The more light that shines, the more that vermin have to run. Sounds like those who don’t speak up will lose all their rights and property. The elderly are often selected as targets because they’re so vulnerable.

    • December 12, 2010 3:19 pm

      He sent me the video of the second time they came and got her…they had no guardianship and it was against her will…Here it is on Youtube:http://www.youtube.com/watch?v=sEdiJZXZrcI

      • chuck permalink
        July 29, 2011 5:47 am

        Mom passed away last week 7-10-2011……. she was 83

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