Office of U.S. Trustee vs. Harmon - Motion to Recuse Judge David A. Ezra

BOBBY N. HARMON, CPCU, ARM

Website: www.the-catbird-seat.net

New Website: www.kycbs.net

Defendant, Pro Se

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

JAMES B. NICHOLSON, TRUSTEE, ) CASE NO. CV05-00030 DAE KSC

)

Plaintiff, ) DEFENDANT BOBBY N. HARMON’S

) MOTION TO RECUSE HONORABLE

v. ) JUDGE DAVID A. EZRA

)

BOBBY N. HARMON, )

)

Defendant )

)

________________________________)

DEFENDANT BOBBY N. HARMON’S MOTION TO RECUSE
HONORABLE JUDGE DAVID A. EZRA

COMES NOW Defendant BOBBY N. HARMON and moves to recuse Honorable Judge David A. Ezra from the above entitled matter under 28 USCS Sec. 455, and Marshall v. Jerrico Inc., 446 US 238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980).

“The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law.”

The above mentioned Judge for the Ninth Circuit, District of Hawaii, was also the judge in several controversial cases that were either directly, or indirectly, related to the underlying lawsuits in this case. The following are examples:

1. Judge Ezra was the judge in Rice vs. Cayetano, (98-818) 528 U.S. 495 (2000) 146F.3d 1075. One of Defendant’s attorneys in an underlying case was John Goemans - the attorney for Freddy Rice in Rice vs. Cayetano.

2. Judge Ezra was the judge who sentenced Lokelani Lindsey to prison for bankruptcy fraud. Ms. Lindsey was a defendant in my RICO lawsuit, and is a named witness in the referenced case. On October 17, 2003, Lokelani Lindsey filed a “Request for Recusal of Judge David A. Ezra” in the U.S. District Court, District of Nevada, in which she states, in part:

I, LOKELANI LINDSEY, hereby declare and aver under oath the following:

I am concerned about people in authority attacking me and setting me up, more so than in the past; and especially for the life, health and safety of myself, my family, my friends, my associates, and my property and their property. I hold responsible Leslie Osborne, Michael Seabright, Thomas Stevens, and Rebecca McKenzie-Young, as the insurer of my life and their life, health and safety. I do this because:

1. I have insider knowledge of Bishop Estate corruption and cover up of same.

2. I have insider knowledge of corrupt attempts to seize control over the Bishop Estate.

3. I have insider knowledge of further attempts to or acts of abuse of Hawaiians.

4. I have insider knowledge of grand jury tampering in Hawaii.

5. I have insider knowledge of other political and financial corruption in this state, and the targeting of people and groups related thereto....

I was arrested to block me from taking to the Grand Jury the evidence that I and others have of serious abuses in the Bishop Estate, abuses against the Hawaiians, and especially against the Hawaiian children. Among others we are especially looking for additional alleged indicting evidence against those which include ... Judge David Ezra (and his being counsel for Bank of Hawaii) ...

<s> Lokelani Lindsey, July 30, 2003

3. Judge Ezra was the judge in the Sukamto Sia case. The bankruptcy Trustee in that case was Guido Giacometti, husband of Susan Tius who was the attorney for Kamehameha Schools/Bishop Estate in Defendant’s bankruptcy case. Mr. Giacometti was a named witness in EQ 2048, along with myself, and was named in my RICO lawsuit. Both Mr. Giacometti and Ms. Tius are also named witnesses in the referenced case.

4. The attorney representing Federal Insurance Co. in Defendant’s RICO lawsuit was Lissa Andrews, a former law clerk for Judge David Ezra. Ms. Andrews was formerly a partner at Ezra, O'Connor & Moon and Andrews & Yamamoto, LLLC, before becoming Of Counsel to Rush Moore LLP, A Limited Liability Law Partnership in 2004. Attorneys Susan Tius and Lyn Anzai, both of whom are named witnesses in this case, are attorneys for this law firm against which I have filed a number of claims (www.kycbs.net/Claims-Branch-Rush-Moore.htm). This Internet site is one, of many, for which the Office of the U.S. Trustee is asking sanctions and removal from the Internet, in violation of Defendant’s First Amendment Rights.

The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS, including First Amendment Rights of Free Speech. Therefore, Petitioner respectfully demands that Judge David A. Ezra recuse himself in light of the evidence that there exists clear conflicts of interest, which gives Petitioner good reason to believe the named judge cannot hear the above case in a fair and impartial manner.

DATED: SPRINGFIELD, KENTUCKY, August 7, 2006

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BOBBY NORRIS HARMON,

Defendant, Pro Se

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