FACTUAL INTRODUCTION FROM THE DEFENDANT'S SIDE

[James M. Driskill]

FACTUAL INTRODUCTION FROM THE DEFENDANT'S SIDE

 

     The best way to describe the events that have transpired so far in court and in filing of court matters is a rush to judgement against me the defendant in this case.  No legal aid counsel has requested any documented evidence of my side of the case.  As noted in my declaration of June 21st 2006, All legal aid counsels consulted before arriving in court on May 19th 2006 had been given notice that I have a witness willing to come forward on my behalf of defense testimony.  No legal aid counsels have attempted to contact or interview my witness to date.  As mentioned, my witness personally knows Mr. Graham and can testify to direct statements over a course of more than a year of relative statements directly affecting my direct tenancy and other tenants here at Allen Temple Manor that Mr. Graham has told him personally.

     The purpose for my bringing this case to court in the matter in which I have is based on "legal necessity" and out of "legal duress" of issues relating to the demeanor and conduct of Mr. Graham onto myself directly and other tenants in his administrative care at Allen Temple Manor.  This facility is considered AN HIV SUPPORTIVE HOUSING FACILITY in which there is no HIV SUPPORTIVE CARE offered to my direct requests of Mr. Graham, his direct boss Ms Nunes, and even the facilities founder Dr Robert C Scott in November of 2005.  There has been no reliable death threat ever issued from me onto Mr. Graham including the fax to the Allen Temple Office on [Feb 26th 2006 12:58:17pm] subject titled "Are we really fighting AIDS and IGNORANCE here in Oakland?  I say NO!" which includes the compaint reference.  If taken as a whole, this should be deemed an act of legal necessity.  My actions are the lesser of the two evils in this case.  I also prior to this same time faxed this letter to it's full extensive content to my HIV Case Manager at the Center for Aids Services [Feb 26 2006 12:42:42pm] here in Oakland as well as my personal HIV care Dr Lisha Wilson at the Aids Healthcare Foundation [AHF] also known as The Magic Johnson Clinic [Feb 26 2006 12:50:43pm] here in Oakland California. The statements in this fax are taken "out of context". My fax transmittal log and the entire history of other faxes including the faxes to the Eviction Defense Center between [May 7th 2006 11:23:23am to May 18 2006 2:07:39pm] that I brought into court on May 19th 2006 that they fail to acknowledge any content of them in dialog before court session.  There continues to be representations of me and filings in the case that are false that are pressing a rush to judgement in these matters.  This creates a continued conflicted concern in which I visit and contact an FBI agent on June 21st 2006 at 180 Grand Ave in Oakland to attempt to redeem some credibility and report some facts of concern that I have not yet been able to offer to the court.  If I was a true threat to anyone's life, I would not want to contact any Law Enforcement Agency especially the FBI.  When I return home, I again create another act of legal necessity to write on the front side of my apartment door a statement, I consider a legal document, to my case if I am not able to be heard in court. It has been witnessed by a neighbor with the mark of X.

     This is due to the fact that I CONSIDER MY DUE PROCESS RIGHTS HAVE BEEN AND CONTINUE TO BE VIOLATED IN MY CASE.  I am a former California Notary, commission number 1077638, Exp. November 12 1999 one month after first being diagnosed with HIV/AIDS in September 1999.  From that point of time, my abilities to continue to live a productive life begins to cascade and spiral downward including a period of homelessness which spiked my HIV stats in 2002.  My HIV stats did not recover until December 2005 after I had the fortitude of courage over the continued fear factors of my living situation here at Allen Temple Manor.

     In Plaintiff's points and authorities in opposition to defendant's motion to set aside, there is a very poor photocopy image representation of the writings on the front side of my door.  I would like to refute that this is not a true depiction of all of the actual text that appears on the door as of that date it was written.  Again, the writings on the door, labeled vandalism is temporary and serves as a statement of protest in legal necessity of this facilities lack of humanity to persons with HIV/AIDS that reside in their care.