Legal Battles - Canada vs Patrick Fox - Correspondence
Contact
Patrick Fox
Torrance, CA     90503
fox@patrickfox.org

Your suggestion regarding legal action against Capuano [Patrick Fox; Chris Johnson (BCPS)]

On Tue, Mar 09, 2021, Patrick Fox wrote:
Patrick Fox
1451 Kingsway Ave
Port Coquitlam, BC
V3C 1S2
March 9, 2021
Attn:
Chris Johnson
Johnson Doyle Nelson & Anderson
325 Howe St, #601
Vancouver, BC V6C 1Z7
Re:
Your suggestion regarding legal action against Capuano;
R. v. Patrick Fox;
BCPC File 244069-7-B

Dear Mr. Johnson:

On 2020-11-26, after trial, you stated to me that there is a better way of going about what I'm trying to accomplish against Capuano then by with the website. You stated that I would be better off pursuing a civil action against her, or seeking some other remedy through the courts.

Let me ask you, Mr. Johnson, have you even seen the website? Have you even read the emails between Capuano and me from 2011 through 2013? They're all on the website. Have you reviewed the court filings in our California and Arizona family court matters? They're all on the website. Have seen, from those emails and court filings, how I consistently went out of my way to try to help her and to accommodate her? How, before I accused her of anything (e.g. drug use, criminal activity) I always gave her the benefit of the doubt and tried to discuss it with her first, to give her an opportunity to explain, to make sure I had all the facts and her side of the story BEFORE I raised my concerns about it in court? And have you noticed that I continued to act in that way toward her even AFTER she went to Los Angeles in August 2011, abducted Gabriel to Arizona without my knowledge or consent (I had sole custody of him at that time), she tried to get emergency custody of Gabriel by trying to illegally start a new custody proceeding in Arizona (even though California was Gabriel's “home state” under the UCCJEA and there was already a custody proceeding there), and falsely declaring to the Arizona court that I had been hiding Gabriel from her for the past nine years? And during that time, while she had abducted Gabriel to Arizona, she refused to allow me to see him and she recorded and monitored my telephone calls with him. And even after all that despicable behavior by her, I continued to try to assist her and accommodate her! It's all on the website and supported by her own sworn declarations and admissions in the family courts. And have you noticed that whenever I did try to discuss such matters with her, civilly and objectively, and with Gabriel's safety and well-being being my only objectives, she would become defensive, belligerent, and hostile? Have you noticed how, during that time, whenever I would, through my own investigations, find out about drug use and criminal activity going on in her home, she would consistently deny it and lie about it – even though I had concrete proof or her own prior admission? And have you noticed how she would tell lie after lie in her sworn declarations in the family court (often even contradicting her prior sworn declarations in that same court), and I would produce proof that she was lying, but the court would disregard the proof and not hold her accountable for her lies/perjury? It's all on the website! So based on that and based on how the court system here (in Canada) has completely turned a blind eye to all the proof that she committed over 81 instances of perjury at the criminal harassment trial, and the Crown Counsel (including yourself), knowing that proof is all publicly accessible on the website, continues to argue in court, that Capuano is some harmless victim that I tormented for years with “that horrendous website”, and the Canadian judges continue to rely on Justice Holmes' full of crap, extremely biased Reasons for Sentence from the criminal harassment case – based on all of that, I must STRONGLY disagree with you!

And have you even looked at the documents on the website, from Global Affairs Canada, which includes a “case notes” from the Canadian Consulate in Los Angeles which prove that as far back as 2011-11-01 Capuano was already contacting the Canadian authorities and Homeland Security, telling them lies and filing false reports against me (e.g. that I was trying to abduct “her child” and flee to a foreign country with him, and that I was a fugitive), to try to get me arrested and deported? That was in November 2011 – a week BEFORE the family court ordered her to return Gabriel to my care; BEFORE the family court ordered that I am to have full physical custody of Gabriel; a year BEFORE Homeland Security actually arrested me (based solely on Capuano's repeated false reports to them over a 15 month period) and Canada actually letting them deport me here; three years BEFORE I created the website! Look at the emails on the website – by that point (2011-11-01) I had not done a single thing against Capuano, there was not a single adversarial or confrontational word or action on my part toward Capuano! And yet, Capuano testified at the trial that the first time she contacted any authorities about me was in late 2012, and only because (as she testified) I was trying to move to Canada with Gabriel and she was worried if that happened she would never see Gabriel again! When I produced proof (at sentencing) that Capuano had lied about many things in her testimony, and that both Crown Counsel (Mark Myhre) and the section 486 appointed lawyer forced on me by the court (Tony Lagemaat) knew she was lying, the court (Justice Heather Holmes) would have none of that – not a single mention of any of it in her Reasons for Sentence.

And have you noticed, from all those emails and court documents on the website, that every single thing that I did with respect to Capuano, prior to creating the website (in March 2014), was clearly and obviously motivated by and based solely on either my concern for and interest in Gabriel's safety and well being when he's in her care, or because it was what Gabriel expressly stated he wanted. Not one thing was done for the purpose, either directly or indirectly, of adversely affecting Capuano. These facts are self-evident from either the content of the respective email messages (I always provided Capuano an explanation for why I was seeking/requesting something), or from what I was requesting in the respective court filings.

And then there's Capuano's order of protection hearing in the Sahuarita Municipal Court in December 2015, where the court started by openly admitting it did not have jurisdiction to hear the matter or to issue an order of protection because Capuano and I already had an outstanding family court matter in the Superior Court. But then the Municipal Court judge went ahead and held the hearing, then issued the order of protection anyway. Even though it acknowledged it did not have the jurisdiction to do so (kind of like how the judges in the two cases you've prosecuted against me acknowledged you failed to prove essential elements of the charges but they found me guilty anyway)! The Arizona Revised Statutes explicitly prohibit a Municipal Court from issuing an order of protection when the parties already have a family court matter before the Superior Court. And on appeal, the appellate court completely ignored this fact and this ground of appeal and upheld the invalid Municipal Court order.

Again, based on all of the above, I must fervently disagree with you!

Another factor for your to consider is that the website is no longer just about exposing Capuano. It's also about exposing the corruption, misconduct, and injustice in the local (Vancouver) justice system. Are you also going to try to suggest that I should use the justice system to fight the corruption in the justice system? Do you not see how incredibly ridiculous such a proposal would be? If the justice system is corrupt – as I have amassed overwhelming proof of over the past five years – then I cannot expect those corrupt judges to be fair and objective when asked to pass judgment on themselves.

So on what basis do you claim I would be better off seeking redress from Capuano through the courts? Why would you make such an obviously ridiculous and misguided statement? I mean, it was AFTER the hearing had ended, the DARS had been turned off, the judge had left the courtroom, and YOU were the one that brought it up, out of the blue.

And do you remember that time you jokingly said I should be a lawyer, and I not-jokingly responded that I have too much dignity and self-respect to be a lawyer? All of this is a perfect example of what I meant. No decent person could maintain (let alone excel at) a career based on knowingly and deliberately telling lies about another person in order to cause that person to lose his child, be exiled to a foreign country, and be locked up for more than five years.

Sincerely,

Patrick Fox