Former close friend of disciplinary judge who disbarred Andrew Thomas wants judge’s corruption exposed


A m e r i c a n  P o s t – G a z e t t e

Distributed by C O M M O N  S E N S E , in Arizona
Friday, February 22, 2013

Former close friend of disciplinary judge who disbarred Andrew Thomas wants judge’s corruption exposed 

Files notice of claim against state demanding relief from cronyism that was involved in the persecution of an honorable man

Ladies and Gentlemen of the Arizona House,

Before you delete this email with the thought of another crack pot complaining  please read the enclosed Notice of Claim and how it severely impacts your current dilemma regarding additional funding of CPS and the Judicial system.  I have been in a battle with Pinal County and CPS for some time now and the atrocious abuse of power has resulted in the destruction of my family is totally unacceptable.

On December 2, 2009 I had the unfortunate experience of having 3 Pinal County Sheriff Deputies illegally seize my dog, yes, my involvement all started with a dog.  As far as my particular case is concerned this was done thru the influence of then Pinal County Superior Court Judge William J. O’Neil, doing a favor for my ex-wife.  Simply O’Neil arranged for my dog to be stolen and given to my ex-wife, she, in exchange, assisted O’Neil in getting a $300,000.00 loan.  This seizure was done without any warrant, order of court etc.,  I sued Pinal County,  in the end the federal judge sent me back to Pinal County for State remedy.  I was told by the president of the Pinal County Bar Association that the only way I would get justice in Pinal County is if I “took out” O’Neil, his influence is at the root of my problems.

At this time I began doing research into the activities of O’Neil within Pinal County and the State.  I found myself looking into the Andrew Thomas disbarment and recalled conversations I had with O’Neil.  O’Neil, by all ethical standards should have recused himself from this entire case which led me to write an affidavit outlining those conversations.  I had no idea what a can of worms I was jumping into.  What I have uncovered since then, which is beyond belief.  and the retaliation by the “establishment” has led to the enclosed notice of claim.

The enclosed email from the President of the Pinal County Bar Association, who is supposed to be representing me on the CPS dependency issue, gave this response to the affidavit I wrote regarding William J. O’Neil.

Mark, 

I read the affidavit.   With the exception of some gramatical issue, it reads well.  You sure are putting your neck on the chopping block.  Frankly, I agree with you disclosures and ultimate position, but you need to be prepared to deal with fall out.

I would expect O’neill to come out and blast you.  I would also expect the “establishment” to try to bring you down.  As long as you are willing to confront them, you can submit it. 

                I expect the attorneys to clean it up and correct a few errors and then send it back to you to be signed.

Finally, realize that everyone will be questioning your integrity and calling you a liar.  Be prepared to provide copies and supporting documentation to back up your statements.  

Best Regards,

Kent P. Volkmer

Cooper & Rueter, LLP

PO Box 15005

Casa Grande, Az  85230-5005

(520)  836-8265

Fax:  (520) 421-0916

Thru conversations it has become apparent that “everyone” is aware of the problems but the “establishment” will do nothing about it.  When many other tactics to silence me did not work O’Neil and others tried to use CPS and my daughter to cover up their unethical and ultimately illegal activities.  All of these problems have come about over a dog, my dog, my companion, my property.

What is not in the notice of claim and needs to be addressed is the corruption within the Arizona State Bar and the “establishment”.

1)       As evidenced by a complaint filed with the Commission on Judicial Conduct, William J. O’Neil committed mortgage fraud.  Melissa Blasius with Channel 12 investigated the complaint.  According to Blasius, O’Neil stated he did not know  Brien Blenfleck the short sale buyer, yet Blasius discovered Brenfleck lived with O’Neil for a significant amount of time.  Blasius further informed me that they were dropping the story, myself and channel 12 were threatened with a slander/liable lawsuit if the story aired.   This threat was also passed on to Jim Sharpe with KFYI radio by Blasius.

2)      The Commission on Judicial Conduct failed miserably in their investigation or rather succeeded in the cover-up.  One item in the complaint is O’Neil wrote a complaint against another judge for me to sign and turn in to the Commission on Judicial Conduct.  If any diligence had been done someone would have pulled the court documents on the cases O’Neil referenced in the complaint.  All files are signed out when reviewed by anyone.  Upon looking at the sign out sheets with each of the many court cases O’Neil referenced it would have been noticed that I never signed out these files to look at, rather it was O’Neil.

3)      O’Neil, in at least 5 hearings resulting in the disbarment or Arizona State Bar licenses not being reinstated failed to make critical disclosures. In the 3 person panel hearing these cases the public member Robert Gallo’s close persona relationship was not disclosed to the defendants. Robert Gallo is O’Neil’s next door neighbor and has been for years. In  one case Gallo was listed as a resident of Maricopa County. This severe lack of ethical disclosure should be cause for the Commission on Judicial Conduct to take action.  When I discovered this information I contacted each of the 5 individuals, none were aware of the conflict.  Currently the only person to win an appeal with the Arizona Supreme Court to O’Neil’s decision is Richard B. Johnson who was represented by Scott Rhodes.  It seems to me this would be an automatic decision by the Arizona State Bar and the Supreme Court to at least retry these remaining 4 cases.

4)      William J. O’Neil presided over several cases as a Pinal County Superior Court Judge which found favorably on land dealings which directly benefited Maricopa County Supervisor Don Stapley and Conley Wolfswinkle revolving around Wolfswinkle’s  Vintage Farms properties located in Pinal County.  With a little research and investigation any common sense person would realize these are many of the same attorneys etc. which were involved in the whole Maricopa County Court Tower scandal.  In so far as that scandal Maricopa County Superior Court Judges  Donahoe, Anna Baca, Kenneth Field and Barbara Mundell who were accused of engaging in “improper conduct” have all since retired.  So what happens to the wrongful deeds they leave in their wake and the people/taxpayers who have to suffer from their activities.

5)      Thru public court records and recorded documents the past involvement of O’Neil in these actions causes a concern for extreme bias in many of the cases he has heard as a Pinal County Superior Court Judge and now the  Arizona Supreme Court Presiding Disciplinary Judge.  Taking all the documents, public records and statements by individuals into account it is apparent that O’Neil has had and does have a personal agenda in many cases, most prominently protecting Arizona Judges regardless of their indiscretion and influencing court proceedings for some form of personal gain.

6)      Central Arizona College purchase 208 acres from BVF Holdings  on September 30, 2011 for $43,000.00 per acre.  This same property was sold to BVF Holdings on January 14, 2011 by Vintage Farms a  Wolfswinkle enterprise for $23,500 per acre.  At the same time, then CAC President, Dennis Jenkins gave BVF Holdings a 20 year right of first refusal to the same property.  On September 19, 2011 faculty and staff at Central Arizona College registered votes of no confidence with Jenkins, in part by some to stop the purchase of property.  The staff offered to produce employee testimony and documentation of the breaches, “provided that their employment is protected.”   Apparently the Keating 5 scandal and Conley Wolfswinkle’s involvement coupled with his federal prosecution was not enough for this state now Central Arizona College funds are being used to support the failed real estate activities of the “establishment”.

This is just a very small portion of what I have discovered and I am nobody.  Consistently, through my research, the same large and powerful law firms keep coming up and the same attorneys, real estate companies and the very same actions.   Judges protect Judges, just as O’Neil has protected Maricopa County Judge Donahue.  The system is broken and it is past time to fix it.  The actions, inaction and manipulation of the law in order to pursue a purely selfish motivation for some form of personal gain is costing the taxpayers of this state and country millions of dollars.  Pinal County alone stands to lose millions of revenue thru O’Neil’s attempts to assist the Wolfswinkle machine in circumventing impact fees etc. in Pinal County.

We can file complaints, prosecute and file law suits or you, the legislature, can address the head of the problem.

The Arizona State Bar is mandatory in Arizona and they have control over who is disciplined or who is not disciplined. Half of the states have a voluntary bar and discipline handled by the respective state’s supreme courts. In Arizona attorneys are shielded or persecuted based on Bar’s discretion.  Routinely attorneys who have valid complaints filed against them are protected by the Arizona State Bar while an attorney who have stepped on the wrong toes will be persecuted by the Bar at its own discretion.

As a result of Mortgages ltd failure, the law firms Greenberg Traurig LLP and Quarles & Brady LLP have agreed to pay 87.5 million to cover claims against them as the legal counsel for Mortgages LTS. ponzi  scheme they oversaw.  Mortgages ltd is directly tied to Wolfswinkle and Don Stapley.  There has been no action against these law firms by the Arizona State Bar.  Would not these attorneys and law firms pose a danger to the general public?

The Arizona State Bar has large role over judicial selection due to influence on commission or via initial appointments in smaller counties. There is a lot of behind scenes lobbying in large counties and if you are not liked by a commission member you never make it to a higher position.  Selection is based on the alignment with the “establishment”  and a willingness to play ball regardless of the law, not a knowledge of the law and being a fair and impartial judge.  As a control, the legislature should have a role in confirmation of all appointed judges from the Superior Court level on up along with a role in the judicial review process.

The Arizona State Bar Board is controlled by  large firms and the good old boy network.  They basically tell the whole firm to vote for a candidate.   As a result, there is a cyclical “I did you a favor or protected you now you me”.  The do me a favor reality permeates the system.  At the controls are a few people that move around from positions of power like Edward Novak, President of Arizona State Bar during the Andrew Thomas Administration, who was the attorney for Attorney General Terry Goddard, Maricopa County Superior Court and Maricopa County all at same time protecting each.  We could also reference the past Pinal County Attorney James Walsh, who was originally appointed from the Attorney General’s office under Terry Goddard.  Walsh not only failed miserably in cleaning up problems in Pinal County but compounded the problems during his administration.  Lando Voyles, the newly elected Pinal County Attorney, hopefully will not suffer the same fate when he attempts to clean up the many problems within Pinal County.  I am sure in his attempt to fairly represent Pinal County by trying to clean up the past establishments, decisions William J. O’Neil and the establishment, Voyles will find the “establishment” attempting to force a similar fate as Andrew Thomas.

In the process of my formal education of the inner workings of the “establishment” my family and life have been destroyed.   I have had my name drug thru the mud, every state agency which I have turned to for help have been swayed by the power of the Arizona Attorney General’s Office (under Terry Goddard as Attorney General) and the Judiciary to silence me.  There have been threats and intimidation tactics used and even attempts to have me arrested for contempt of court among other charges.  In the end the Judicial system or “establishment” have chosen to completely deny me any due process and have resorted to flat out lying and making up false accusations to discredit me.  Please look at the facts, public record and not the water cooler gossip which the “establishment” and some of the media have tried to spread.  Any and all questions I will answer and provide documentation for the answers.

I was told by my attorney referenced above “your too slick for them, how do you know their next game”.  I am not too slick rather I have gotten many early warnings from employees within county and state agencies.  Just as with the employees at Central Arizona College who would come out and speak up “provided that their employment is protected” those within CPS, Pinal County Superior Court, Pinal County Attorney’s Office, Pinal County Sheriff’s Office, Arizona Registrar of Contractors and the Arizona Department of Motor Vehicle are also afraid of losing their employment … the whistle blower act does not work in Arizona.

Please review the enclosed Notice of Claim.  I ask you to request any additional information and I shall provide it.  The deplorable actions of CPS are inexcusable all in an effort to cover up the activities of 1 man, so many have been hurt.  The laws passed by our legislature and signed into law by our governor are simple and easy to understand.  It is past time to put safeguards in place which will hold the Judiciary and attorneys accountable in order to have a truly fair and unbiased system of justice.

I am at your disposal, lets clean up the system and put the power back in the people, Arizona can not afford any more of this garbage.

Sincerely and Respectfully,

Mark Dixon

520-705-2945

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Comments

  1. Former prosecutor says:

    Always thought the witchhunt against Thomas was a sham. Glad someone has the guts to expose this.

  2. Truconserv says:

    Is anyone looking into this corrupt Judge O’Neil? I think its so sick the way the people in power protect each other. I bet O’Neil’s been protected for years because he’s a judge. What was done to this citizen Mark Dixon is atrocious; it’s not fair that the powerful get away with this against little people like Mark Dixon just because they are in positions of power. I hope the media looks into this.

  3. Stop Judicial Corruption says:

    O’Neil is the worst of the worst. Talk to anyone in Pinal County. Why do you think they offered him the job in Phoenix as Bar disciplinary judge? To rescue him from consequences in Pinal County, and put him where he would be accountable.

  4. I have always supported Andrew Thomas, as I know him personally and am quite able to discern honesty from dishonesty. I am very pleased that Mark Dixon has taken on the establishment and would hope that all decent and honest people would back him.

    The need for Power Over Other people is covered amply in my book The Miracle of Self Power and is something that needs to be fought from its very basic beginnings of child abuse to the abuse of accumulated Power Over Others in the so called halls of justice and elsewhere. If people would learn about it and acquire the simple means of identifying it, we would ALL be better off. Obviously it is more difficult to stop it in its accumulative stages.

    Our local Tea Party is working on donating copies to our local teachers. This is a laudable beginning and will likely have an effect on school yard bullying. Too bad we don’t label the above reported behavior for the BULLYING IT IS.

  5. It about time. Any guess why the local media doesn’t cover this action? Thomas exposed their corrupt friends and the repulsive was quick to attack him. When the truth started coming out you scarcely heard a peep. If there is one thing they won’t tolerate, it’s integrity.

  6. Dixon’s statement that its past time to fix the system is very true, so I agree with this claim against O’Neil and the other effort to recall Wilcox. It’s obvious this case has the potential to harm to far more people than it already has.

    I would like to see the Notice of Claim but couldn’t download it. If another link could be made available, that would be appreciated.

    If I understand the situation, Dixon’s turnabout was instigated by a dispute over a dog–ironic considering the high level players involved. If any individual or group has taken up Mark Dixon’s cause, please help us lay people understand what to do. The surrounding legal protocol makes the issues seem complex, when perhaps they aren’t. For the general public trying to discern how to effect change, this can be a hurdle. Nevertheless, won’t it be unreasonable to expect change unless ALL of us average Joes take a break from our treadmills and educate each other about how things work in our local government?

  7. O’neill may be crooked, but his judgment against thomas was correct. Thomas basically went after mexicans because he felt he could get elected to a higher office by going after mexicans. He didn’t go after the employers of illegals, because that would be political suicide. He’s a clown, an idiot. Surprising that he got into Harvard Law…. I though they had higher standards. Especially on morals.

  8. TruConserv says:

    Bill Shine (as you identified yourself as in an earlier comment), why don’t you reveal the real reason you don’t like Thomas? You were arrested for a DUI while Thomas was the County Attorney. Why don’t you just stop drinking and driving?

    From the AZ Supreme Court’s public records lookup:

    Case Number: M-0761-CR-500002
    Title: ST OF AZ VS SHINE WILLIAM ALL Category: Criminal
    Court: Surprise Municipal Filing Date: 1/3/2005
    Judge: JUDGE CRAGAN Disposition Date: 2/8/2006
    WILLIAM ALLEN SHINE DEFENDANT – D 1 Date of Birth: 02/1959
    Citation Count Description Disp. Date Disposition
    C00051385 1 FAIL TO COMPLY-COURT ORDER 2/8/2006 COURT DISMISSAL
    Case Activity
    Date Description Party
    5/11/2011 DPS MANUALLY FORWARDED DISPO D 1
    2/8/2006 ORDR DISMISSAL/CASE W/PRJDC D 1
    2/3/2006 MOTION FILED BY STATE D 1
    3/9/2005 DISPOSITION/COMMENTS D 1
    3/4/2005 DISPOSITION/COMMENTS D 1
    2/22/2005 DISPOSITION/COMMENTS D 1
    2/16/2005 ALCOHOL SCREENING COMPLETION D 1
    2/4/2005 DISPOSITION/COMMENTS D 1
    1/18/2005 FUND: DEFERRED PROSECUTION D 1
    1/18/2005 DVRSN PRGRM (11-361;38.1,RCrP) D 1
    1/18/2005 CAL: PRETRIAL CONFERENCE
    1/18/2005 ALCOHOL SCREENING ORDERED D 1
    1/4/2005 CAL: ARRAIGNMENT
    1/4/2005 NOT GUILTY/NOT RESP PLEA D 1
    1/4/2005 PD JP ASSIGNED D 1
    1/3/2005 COMPLAINT FILED-UNIFORM CITATN D 1
    1/3/2005 JAIL: DEFENDANT IN CUSTODY D 1

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