Margaret
D. Edwards Flynn
C/o
739 Dalbey Drive
Las
Vegas, New Mexico [87701]
(505)
425-0659
May
5, 2006
By:
Hand Delivery and Certified Mail, Return Receipt No._____________________
Cheryl
Ann Yara, City Clerk
Las
Vegas City Hall
1700
N. Grand Avenue
Las
Vegas, New Mexico 87701
Ms.
Yara:
This
letter is lawful notification to you, pursuant to The Bill of Rights of the
National Constitution, in particular, the First, Fourth, Fifth, Sixth and Ninth
Amendments, and The Bill of Rights of the New Mexico Constitution, in
particular, Sections 1, 2, 3, 4, 10, 17 and 18, and pursuant to your oath, and
requires your written response to me specific to the subject matter.
Your failure to respond, within 30 days, as stipulated, and rebut, with
particularity, everything in this letter with which you disagree is your lawful,
legal and binding agreement with and admission to the fact that everything in
this letter is true, correct, legal, lawful and binding upon you, in any court,
anywhere in America, without your protest or objection or that of those who
represent you. Your silence is your
acquiescence. See:
Connally v. General Construction Co., 269 U.S. 385, 391.
Notification of legal responsibility is “the first essential of due
process of law.” Also, see:
U.S. v. Tweel, 550 F. 2d. 297.
“Silence can only be equated with fraud where there is a legal or moral
duty to speak or where an inquiry left
unanswered would be intentionally misleading.”
As City Clerk for the City of Las Vegas, New Mexico, you swore an oath to
uphold and support the Constitutions and laws of this Nation and this State.
You are required to abide by that oath in the performance of your
official duties. Every action you
take in your official capacity, is done for and by the city, and your actions
bind the city. You have no
Constitutional authority to perjure and violate your oath nor to have provided
incorrect information to me or to any other candidate which would have harmed my
or their attempts to run for public office.
Further, you have no Constitutional authority, whatsoever, to attempt to
cover up the fact that you gave me incorrect information, and then, attempt to
hold me responsible for your wrongdoing, nor to engage in fraud, collusion and
conspiracy to deprive me of my Constitutionally-guaranteed Rights, including,
but not limited to, my Right to run for city office.
However, by your unlawful, wrongful and false actions against me, as
described herein, you failed to abide by your oath, in the performance of your
official duties. Thus, by your own
wrongful actions, you perjured your oath, violated the Public Trust, and invoked
the self-executing Sections 3 and 4 of the 14th Amendment to the
Constitution for the united States of America, thereby vacated your office and
forfeited all benefits of that office, including salary and pension.
Your wrongful actions infringed upon including, but not limited to, my
Rights, guaranteed in the federal and New Mexico Constitutions, in particular,
Article VII, Section 2, and irreparably damaged me and my campaign for election
to city council. Accordingly, I
hereby notify you that I intend to file suit against you, the City of Las Vegas,
other city officers, and any and all other entities involved in damaging me, for
your and their wrongful actions which caused harm to and damaged me, personally,
professionally, emotionally and financially, harmed my campaign, my reputation
and my good name, as well as the Constitutional Rights of the good People of Las
Vegas, which I would have demanded this city uphold.
On or about January 4, 2006, I went to your office at city hall to pick
up a “Candidate’s Packet” with the intention of running for city council.
To be sure that I declared my candidacy in the correct ward, at that
time, I asked you, as City Clerk, to clarify for me in which Ward my address,
739 Dalbey Drive, Las Vegas, New Mexico, placed me.
Without verifying or looking anything up, you responded to me:
“Ward 2, Margy. Dalbey is
in Ward 2.” I then asked you if
you were sure of this, because I thought that Arthur “Castro” Vigil, of Ward
1, was my councilor, whereupon you clearly stated to me:
“Oh, no, Margy, you’re in Ward 2.
Some of the boundaries have changed and things aren’t the same.”
Then, nodding your head, you stated, with an air of absolute certainty,
“Yes, Margy, you’re in Ward 2.”
Since you, as City Clerk, are required to and should have full
knowledge about ward boundaries in Las Vegas, and are also required to convey
correct information to any candidate regarding boundaries and wards, I took you
at your word that I was in Ward 2, then, went home with my packet and the
understanding, based on the information you supplied to me, that I must declare
my candidacy in Ward 2. Later that
evening, my friend, Catherine Montano, who is also well known to you, stopped by
to visit. When I informed Catherine
of my intention to run in Ward 2, she immediately expressed doubt that Ward 2
was the proper ward in which I should run. Catherine
then reminded me of the fact that about four years ago, when she was visiting
me, Arthur Vigil came to my front door campaigning for city council in Ward 1.
She further said that if Vigil was my councilor and he was in Ward 1,
then, shouldn’t I be running in Ward 1? I
reiterated what you told me, and Catherine, then, suggested that we go to your
office, together, the next day to ask you about my proper ward, again, just to
be certain.
The following day, January 5, 2006, Catherine and I went to your office,
together, and I again asked you the correct ward for my address of 739 Dalbey
Drive. When you, again, stated that
the correct ward for my address is Ward 2, Catherine interjected that since
“Castro” had come to my home campaigning, during his previous campaign,
shouldn’t I be in Ward 1? You then
said, “Oh, no, Catherine, the boundaries are all different, now.
Things aren’t the same anymore. Margy
is in Ward 2. She is, Catherine, she
is.”, as you nodded your head at Catherine.
Next, you asked me: “Where
do you go to vote, Margy?” When I
answered that I have always voted only at Legion Park Elementary School,
except for last year, when I voted in your office, on the 8 to 4 reduction of
city council members, you again nodded your head and said:
“Yup, Legion Park is Ward 2.” Then,
with a smile on your face, a nod of your head and a wave of your hand toward me,
you said, “You’re in Ward 2, Margy!”, in a tone that suggested you were
getting somewhat exasperated at us for questioning you.
At that point, since we both respected your professionalism and
knowledge, and thus, had the reasonable expectation to believe that, as City
Clerk, you had given us truthful, correct and accurate information, Catherine
and I left your office with the firm understanding that the proper ward for my
address is Ward 2. However, in fact,
you gave me the wrong ward information, on two occasions, then, certified my
candidacy in the wrong ward.
At approximately 3:00 pm, on January 10, 2006, which was the only day
candidates could submit their declarations of candidacy, I went to your office
to hand in my declaration. When
I presented it to you, you said you could not accept it because it did not
contain a certified copy of my voter registration form.
I politely explained to you that you and the city failed to inform me
that this form must accompany my declaration.
You said that the form was necessary and directed me to the county
clerk’s office to get the copy. I
immediately got into my car and my husband, Jack Flynn, took me to the county
clerk’s office to obtain the certified copy of my voter registration.
As soon as I received the required copy, we went directly back to your
office, where I submitted my declaration, inclusive of the copy of my voter
registration, which you recorded as received at about 3:30 pm.
The following day, January 11, 2006, my husband received a call from city
hall to inform me that my candidacy had been officially certified, meaning that
you, the city, the county clerk and the county had all approved my candidacy.
The call also further informed me to come to the city council chamber
that evening to draw my position on the ballot for Ward 2.
My husband accompanied me to the drawing, where I drew the number two (2)
position on the ballot. At no time
during that event did you, any city employee, or anyone else, official or
otherwise, inform me that you, the city, and the city, by and through you,
(hereinafter: “You”), declared
and then certified me in the wrong ward. Six
days later, on January 17, 2006, a community group sponsored a candidates night
at the Memorial Middle School, well attended by candidates and the general
public, where I addressed the issues raised, as a candidate for Ward 2, and
neither you, as city clerk, nor anyone else representing the city, notified me
that You had incorrectly put me in Ward 2. Neither
of my opponents in Ward 2 so informed me, nor did anyone else, officially or
otherwise.
It was not until Wednesday, February 8, 2006, that I learned that You had
given me incorrect ward information and, subsequently, incorrectly certified my
candidacy, when, sometime between 4:30 and 4:45 pm, a man, whom I later learned
was Hank Segura, knocked on my front door and attempted to get me to sign for a
manila envelope he said contained papers from the city concerning some action
against me by the city. When I
inquired about the nature of the action, Segura absolutely refused to answer and
said that he was ordered not to answer. Since
I had no knowledge of any action against me, nor any reason to think so, I
politely refused to sign for the envelope, marked the delivery receipt
“refused” and closed my door. Later,
I noticed the envelope on my front porch and so opened it to discover that the
city had filed a Petition to have my candidacy decertified by reason that my
candidacy should have been declared in Ward 1 instead of Ward 2.
Since you twice told me, the second time before a witness, that my
address was in Ward 2 and not Ward 1, I was totally shocked and dismayed at this
action taken by the city at such a late time.
Further, if the city had incorrectly certified me, I was stunned that no
one from the city had contacted me to discuss its incorrect actions, and
instead, took this aggressive, hostile action against me for wrongful actions by
the city, calculated or not, and not mine.
The envelope also contained an Order, signed by District Court Judge
Eugenio Mathis, requiring me to appear at a hearing before him at 11:00 am on
Friday, February 10, 2006, less than forty eight hours later, to answer the
city’s Petition. Again, I was
shocked and upset to receive these papers, since the only reason I, in
good faith, declared my candidacy in Ward 2 was because you, Ms. Yara,
and the city, by and through you, told me that I live in Ward 2.
Now, facing a court action, for which I had only one full day to
prepare, I was forced to hurriedly compose my Response to the City’s Petition.
When I first heard about the ward controversy, by and through receipt of
the city’s wrongful action against me, I truly wanted to believe, that
you had made an honest mistake when you incorrectly told me that I live
in Ward 2; but upon reflection, I realized that if this were truly the case,
You, simply would have telephoned me to admit and explain your mistake, then,
discuss how to resolve that mistake among ourselves and other affected parties,
without any need for the city’s taking action against me, in court, to remove
me from the race because of your mistake.
However, since neither you nor anyone at the city extended me the
courtesy of a simple phone call, to inform me of this situation, I realized that
this was likely a ploy, by you and possibly others, to get me out of the race,
using the court as the means to unfairly hold me responsible for Your own error,
as stipulated by city attorney, Matt Sandoval, in his Petition and in court, on
the public record. Your actions
declared me in the wrong ward, subsequently, certified my candidacy in that
wrong ward. Then, You attempted to
penalize me by removing me from the city council race because of Your mistake.
Such an action by You is tantamount to events which occurred in Nazi
Germany when the oppressor held the victim responsible for the oppressor’s
evil actions.
Ms. Yara, despite the realization that I and my candidacy were under an
unjust attack, because of my high
regard for you, both personally and professionally, I fully expected that, if
and when you were called to testify in the city’s court action against me, you
would do the right thing and testify truthfully about telling, not only
me, during my first visit to your office, but also Catherine Montano and me,
during the second visit, that I was in Ward 2.
To my dismay, on Friday, February 10, 2006, in state district court,
before Judge Mathis, I was totally stunned to hear you blatantly lie, under
oath, about the ward information you had given me, on two separate
occasions, in your office. You also
lied about the circumstances of my second visit to your office, accompanied by
Catherine Montano, by falsely stating that she did not enter your office with
me, when Catherine most certainly did accompany me into your office. You
further lied by stating that she had remained in the hall, when she, in fact,
did not. Ms. Yara, the fact
that you lied under oath, and in so doing, committed perjury,
demonstrates that you deliberately gave me false, incorrect information
concerning my proper ward. This is a
criminal act.
Your reasons for initially deceiving me with false information,
then, Catherine, and your subsequent attempt to deceive the court, while under
oath, are known only to you and to those who may have conspired with you.
Because of my former high opinion of you, Ms. Yara, mere words
cannot properly express my disappointment in you, not just because you injured
me and my candidacy, by giving me wrong information, but also because, when you
had the opportunity to admit to your wrongful information and exonerate me from
blame in this matter, both at the time your “error” was first noticed, and
later in court, you compounded the injury by giving false testimony against me,
under oath. Your disingenuous
actions, in apparent collusion with others.
constituted and revealed a willful, malicious intent to damage me, my
credibility and my candidacy, and ruined my chances to be elected to the city
council. Had you given incorrect
information to me by an honest mistake, then, as previously stated, you
would have admitted the “mistake” as soon as it was discovered, and, if
necessary, again, so admitted in court. Yet,
you never admitted your “mistake”, nor made any attempt to communicate it to
me; thus, your actions were not mistakes, but rather deliberate and calculated
acts, apparently done in collusion and conspiracy with others, to defraud me of
my Rights and prevent me from obtaining city office.
Logic dictates that it is patently absurd for anyone to believe that I
would have declared my candidacy in Ward 2, unless I was authoritatively told to
do so by You. The simple
reason being that I would have stood a better chance for success by running in
Ward 1, because I have numerous friends there, who would have actively
campaigned for me in Ward 1; I am well known in Ward 1; and there were five
other candidates running in Ward 1 to split the vote.
There was absolutely no reason for me to have chosen to run in
Ward 2, unless told to do so by You, since I have very few friends, there, am
not well known, and there were only two other candidates, both of whom are very
well known and represented in Ward 2, making it a much tougher race for me to
have won. Thus, by directing me to
run in the wrong ward, Your actions deprived this city of the only
Constitutional candidate who, from my knowledge, has ever run for election in
Las Vegas and may be the last one to do so, and thereby, You directly damaged
not only me, but also the good People of Las Vegas, who were deprived of the
Constitutionally-based, genuine representation they deserve.
Your false ward information and your incorrect certification of my
candidacy circumvented my running a successful campaign for city office in
either ward. First, by
deceiving me into running in Ward 2. Then,
not announcing the “error” until it was too late to correct it for me to run
in Ward 1, because the ballots had already been printed, followed by the
certainty that if I had won in Ward 2, I would be removed because you certified
me in the wrong ward. It is obvious
that this was a calculated, conniving fraud, done by you and possibly others in
this city with a vested interest to keep me out of city government for the
reasons previously and herein given. If
you, alone, gave me the wrong information, herein specified, on purpose, without
colluding and conspiring with others in the city to defraud me, then, you hereby
admit that you accept sole responsibility for all the wrongful actions, taken
against me, as stated herein. To sum
it up, if I had won, and maintained office, I would likely have presented a
significant obstacle to the usual unconstitutional and unlawful actions of Las
Vegas city government. The only ones
who would have benefited by my being elected would have been the People, who
would have had their proper Constitutional Rights upheld, and that apparently
posed a real threat to “business as usual” in this city.
Your actions are a complete disgrace and a disservice to the good People
of this community.
You committed, including, but not limited to, deception; supplying
incorrect information, with intent to deceive; fraud; apparent collusion and
conspiracy among you and city officers and officials to commit fraud and to
defraud me of powers of and Rights guaranteed to the People in the federal and
New Mexico Constitution, in the instant case, to me.
You and city officers/officials are well aware that I am a patriotic
Citizen, fully committed to the Supreme Law of this Land, the Constitution for
the united States of America. You
and the others are also well aware that our Constitutional group has won
numerous cases in New Mexico courts, and virtually every case in Las Vegas,
without loss, against Constitutional violations by this city, county, state and
corporations. Because of my
Constitutional positions, You apparently colluded and conspired with others to
deceive and defraud me and keep me from any possibility of gaining public
office, since it would not be to the advantage, and in fact, to a great
disadvantage, to the city’s machinery of government to have an avowed
Constitutionalist and defender of the People serve on the city council.
A city which operates by and through an unconstitutional machinery of
government, whose officers routinely act in perjury of their oaths and violate
Constitutional Rights, as a matter of usual customs and practices in conducting
ordinary city business, could likely not possibly afford to have, and were
fearful of having, an outspoken patriotic American, who strictly follows the
Supreme Law of this Land, represent the Rights of the People and serve on the
city council, exposing Constitutional violations and protecting the People.
That kind of truthful behavior might be something that Christ would do,
and that is not desirable nor permissible in the workings of this
unconstitutional city government.
During the court hearing, the first thing I asked was whether Judge
Mathis and Matt Sandoval had taken oaths of office.
Judge Mathis answered “Yes”, but Sandoval only nodded his incoherent
answer. I then stated:
“Pursuant to those oaths, you are required to abide by those oaths in
the performance of your official duties, especially those before this Honorable
Court. Is that correct?”
Judge Mathis again answered “Yes”.
I heard nothing from Sandoval. By
his own actions, all on the public record, Sandoval perjured his oath, that day,
as you did, and invoked the self executing sections 3 and 4 of the 14th
Amendment, as previously described.
Later, during the hearing, Judge Mathis correctly stated that he was the
determiner of truth regarding testimonies given, and as you, Sandoval and the
city well know, Judge Mathis found for me, against you and against the city.
Judge Mathis stated that it is a crime to falsify an election
certification, as you did; that you and the city incorrectly certified
me, and that he would not remove me from the race.
When Judge Mathis saw the ward map, defining the boundaries for Wards 1
and 2, which the city had passed out to candidates, he asked how a candidate,
looking at this map, would know what ward he was in.
You answered that he would not know.
Then, Judge Mathis asked you, “Who would know?”, to which you
replied: “I would.”
By your answer, you clearly demonstrated that you were fully aware of the
ward boundaries; yet, in spite of your awareness, you knowingly gave me the
wrong ward information and knowingly certified my candidacy in the wrong ward.
Judge Mathis further stated that if I were to win, my opponents and/or
the city would likely file legal action to remove me, since the city had
incorrectly certified my candidacy. In
this vein, because of the incorrect certification by You, even if I had won, I
would most likely have been removed from office because of the city’s false
certification. By your false
testimony and actions against me, this was no “mistake” by You, but an
attempt based in stealth, deception, fraud, apparent collusion and conspiracy
by you and others to keep me, a patriotic American, from serving the
People of this city.
The false, incorrect ward information you gave to me and Catherine,
directly harmed my candidacy for a number of reasons, including, but not limited
to, the following: (1) I lost
potential votes because many people in Ward 2 candidly told me that, based on my
platform and views they really wanted to vote for me, but were hesitant
to do so as they feared that if I won, my two opponents and/or the city would
challenge my victory, due to the ward controversy, making their votes
meaningless; (2) I had very few acquaintances and little or no name recognition
in Ward 2, which was a distinct disadvantage to my candidacy; (3) a higher vote
count was needed to win in Ward, since there were only two other candidates in
the race, both of whom were well known there; (4) had I run in Ward 1, where I
have a greater numbers of friends, acquaintances and contacts, many would have
actively campaigned for me, thus enhancing my chances for victory in Ward 1; (5)
there were five other contenders in Ward 1, meaning fewer votes were needed to
obtain a plurality, so my chances for winning a council seat would have been
much stronger; (6) neither my husband, my neighbors, nor I could cast a vote for
me; (7) I was unfairly subjected to public embarrassment, disparagement,
criticism, and adverse publicity, as well as to insensitive, sarcastic derision
by the Optic, for running in Ward 2 instead of Ward 1; (8) I was unjustly
subjected to court action by the city, with only one day’s time to prepare my
Response, because of your and their wrongful actions in conveying
false information regarding my correct ward number, and then, certifying my
candidacy in that ward number, to which the city attorney, Matt Sandoval,
admitted in his Petition and in court; (9) I suffered mental and emotional
anguish, directly caused by the city’s court action against me and by the
public embarrassment this whole controversy caused me; (10) your false
statements, made under oath, wrongfully cast negative and disparaging aspersions
on my veracity, my intelligence, my character and my motives, slandering me, my
good name and my good reputation; (11) Your, the city’s and the city’s, by
and through you, incorrect information and certification, stealth, deception,
apparent collusion and conspiracy among you, others and the city officers, to
defraud me of the powers of and the Rights guaranteed in both Constitutions,
infringed upon and violated my Rights and harmed my chances to run for, secure
and maintain a city office; (12) Further, as a patriotic American Citizen,
avowed to follow and uphold the Supreme Law of the Land and expose any blatant
and obvious fraud and unconstitutional actions of this city, conducted by and
through its usual customs and practices, you and other officers of this city,
apparently colluded and conspired to keep me out of city government.
In summation, Ms. Yara, your unconscionable, fraudulent actions against
me, which perjured your oath of office, instigated a series of events which
seriously and permanently damaged me and my candidacy, by (a) incorrectly
informing me that I was in Ward 2; (b) certifying my candidacy in Ward 2, to my
great disadvantage; (c) preempting me from running in Ward 1, where I had more
recognition and support for my candidacy; (d) ruining my credibility as a viable
candidate in the election; (e) depriving me of my Constitutional Rights to
participate in a fair and honest election process; (f) depriving the People of
Las Vegas of the potential election of a Constitutional candidate.
Further, your actions and those of the City of Las Vegas, by and through
city attorney, Matt Sandoval, caused me legal, mental and emotional harm, public
embarrassment, unjustified public criticism and derision, cast wrongful
aspersions on my credibility and damaged my good name and reputation.
By Your wrongful, unlawful and unconstitutional actions, You not only
deprived me of my Rights and powers guaranteed in the Constitutions, but You
also deprived all Citizens of this city of their Constitutional Rights.
How much is a Right worth? How
much is a Right that is lost worth? How
much is a life lost in service to one’s country worth?
The value of a Right is incalculable and the value of a Right lost is
unfathomable. Millions of American
service people have given their lives to protect our Rights, yet, you and this
city callously and blatantly stole those Rights for which they bravely died.
Your actions made certain that it would be impossible for me to be
elected as city councilor, and in so doing, You also made certain that the
People of this city would be deprived of their Rights to be represented by the
ONLY Constitutional candidate Las Vegas has ever seen run for elective office,
and will most likely ever see. Had
the city not deprived me of a credible candidacy, and had it given me correct
ward information and certified me in Ward 1, I likely had an excellent chance of
winning. Had I won, I would have
made absolutely certain that all Constitutional requirements be upheld by this
city, and all Constitutional Rights be upheld for all Citizens.
You most likely have no conception of the vast improvements that could
have taken place, virtually, overnight, by such Constitutional positions enacted
by government, and how far and wide this return to Constitutional governance
could have spread. That potential
movement back to government of, by and for the People, was stopped by the
actions of you and this city. However,
such a movement would have so empowered the People and properly subordinated the
machinery of government, which has so long abused and ignored the People’s
Rights, that the very idea of it intimidated those who hold the real power,
thus, they did not allow it to even begin. This
is the ultimate in treason.
If you disagree with anything in this letter, then rebut that with which
you disagree, in writing, with particularity, to me, within 30 days of this
letter’s date, and support your disagreement with evidence, fact and law.
Your failure to respond, as stipulated, is your agreement with and
admission to the fact that everything in this letter is true, correct, legal,
lawful, and is your irrevocable agreement attesting to this, fully binding upon
you, in any court in America, without your protest or objection or that of those
who represent you.
All
Rights Reserved,
Margaret D. (Margy) Edwards
Flynn
Cc:
Las Vegas City Officials
New Mexico Congressional Delegation
Media, and numerous others