Since Judge Kephart addressed me directly in the last hearing saying I need to quote him via the transcripts (his outburst at me is described by Becca below- and I know I’ve quoted him correctly when I used quotes, and I was clear in my public postings that I paraphrased when I wasn’t sure of the exact quotes word for word), I will wait to give more of my own report until I can get a hold of transcripts, which so far no one has been able to get access to. They have been requested. I’ll play by the rules even though he clearly has no regard whatsoever for them. For now I will post the updates Becca has added to her judicial review, starting with her arrest on June 20th, up to this date, and the already-shocking story of harassment and abuses of Rebecca and her husband and eventually their friends gets even more troublesome. Fortunately for now the realtor’s accusations of breaking the PTO have been dismissed and Kephart seemed to back down a bit. So one battle WON! But there is another hearing on July 22nd, just days after the last, on the charge that she provided false ID to an officer, which is false, she provided her newly married name, which simply wasn’t legally changed yet because she hadn’t yet had enough time to change it before they got arrested.
You can find her judicial review up until the day of her arrest on the original article here. Here are her updates, and the full review can be found here on Dropbox (*as before, I added emphasis to parts that stand out to me as especially offensive/abusive):
On June 20, 2014, Jonathan’s wife, Rebecca went to Clark County Detention Center to visit her husband. After being told she did not have a warrant by Officer Mike Daily and Sargent Bonkavich with the Las Vegas Metropolitan Police Department, she was arrested after having only a few seconds to visit with her husband. After being detained Officer Bryan Jackson questioned Rebecca about her tattoos or other identifying markings. She refused to answer his questions, to which he replied “Oh I will find out where those tattoos are.” While incarcerated, Officer S. Fisher slammed Rebecca’s head into a wall and scratching her glasses after Lieutenant Flynn made up that Mrs. Martin stated “Thank God for the Millers” (A threat he had carried previously when he saw her talking to someone sitting next to her while in booking. He and another unknown officer stated they would charge her with a $10,000.00 fine if she didn’t stop talking. Mrs. Martin asked if they were mispresenting a felony, which in itself is a felony? The LT stated they “were just being facetious.”), when she simply asked if they were referring to the Millers, when someone sitting next to her that had been discussing the “Miller case”. Lieutenant Flynn sent her to a police side-holding cell where she was manhandled to the point of causing pain, swelling and discomfort which lasted the duration of her incarceration, to her recently broken radius which has 6 pins and a plate keeping it in place while it heals. Her arm stayed swollen for days afterwards, which she wrote many kites to medical concerning the pain and informed the Booking Nurse, however no attention was provided to ensure a pin did not pop from its surgical placement or any pain relievers to aid with the excruciating pain. She was handcuffed and left for 12 hours in the side-cell with hourly checks to make sure she was still alive, never once assisting her when she complained of feeling dizzy and nauseous, key symptoms of a concussion, probably sustained from the use of force by Officer Fisher.
She was held until her court hearing on Tuesday June 24, 2014 in front of Judge Kephart. He jailed her for 2 weeks and provided her with $50,000.00 bond. Her hearing was scheduled for July 8, 2014. During the hearing, Judge Kephart mentioned the medication prescribed by her doctors at the Veterans Administration, violating HIPPA and her doctor/patient privileges. Judge Kephart also tried to send Mr. Martin to a psychological evaluation after she has already provided a psychological profile conducted by the Veterans Administration upon which they rated her 70% disabled due to a mental disability.
During Rebecca’s incarceration, she was placed in the lockdown unit for violent offenders. Mr. and Mrs. Martin were questioned by a detective regarding their involvement with the “Sovereign Movement” to which they both replied they are not involved with any movement.
After serving 19 days in custody for failure to appear contempt of court for a hearing she was never served to attend, Judge Kephart berated her in open court concerning the contempt and charges brought up by the applicants that have never been proven to be linked to Mr. or Mrs. Martin. Judge Kephart further stated he felt Mrs. Martin’s previous suicide attempt and stay at the mental facility located at the Veterans Administration was an attempt to avoid attending court on March 24, 2014. Judge Kephart made many biased statements, including the fact that he is a witness in the very case he is presiding over. He asked if Mrs. Martin still wanted to discuss a motion she filed on June 20, 2014 for dissolution of the protective order, which he had already dismissed and mailed proof to Mrs. Martin’s address. He made many slanderous and defamatory statements regarding Mr. and Mrs. Martin’s friends who attended the hearing in support of Mrs. Martin. He even went so far as to ask if Mrs. Martin enjoyed jail, a treat he did not bestow on the other 30 inmates who’s cases were being seen by Mr. Kephart that morning. Judges should not revel at putting people in jail, whereas Mr. Kephart seems to have gained immense pleasure at knowing he put 2 newlyweds in jail.
On July 17, 2014 Mr. and Mrs. Martin were summonsed to attend another hearing regarding a complaint filed by Mr. Vestuto on July 2, 2014. In the complaint he claims his daughter was contacted by “Anonymous” and asked her “When do you want to have sex”. The information provided is an attempt to connect the Martin’s to anything remotely linked to being “Anonymous” or posting “Anonymously”. After conducting a thorough investigation, it was found that Mr. Vestuto’s daughter referred to the “Anonymous” person as “best friend” and the conversation took place 3-4 years ago. It is clear Mr. Vestuto is grasping at straws in a vain attempt to further harass the Martins and defame them. Neither Mr. nor Mrs. Martin should be held accountable for Mr. Vestuto’s lack of parenting of his daughter or conversations which took place many years before the protective order or any contact between the parties took place. The Martin’s should also not be held accountable for others actions, regardless of affiliation without proof they requested or asked for contact to be made, which they have not. During cross examinations, the attorney for the Martin’s aggressively questioned Mr. Vestuto. During questioning Mr. Paderes, the attorney standing in for Mr. Becker, asked Mr. Vestuto if he would want to be informed of his daughter having sexual conversations with strangers online. Mr. Vestuto answered that he would in fact want to be informed and he would want the person to send him a message, exactly what had happened and reason Mr. Vestuto motioned to the Judge to hold the Martin’s in contempt for violating the protective order.
During the July 17, 2014 hearing, the realtors appeared with a rather large 5 inch thick binder, upon which was all their evidence and run down of every Facebook friend the Martin’s had. It was very clear that the Realtors took “Gathering Evidence” to a whole new level. They gathered evidence on every person who could possibly know the Martin’s or be tied to Anonymous and tried to make any link to any person they may possibly know. The level of “Evidence Gathering” borders stalking and harassment toward anyone and everyone the Martin’s know, or have come into contact with in the past. Mr. Vestuto claimed that he could access individuals timeline feeds and gather evidence on most of the Martin’s friends because they did not possess any filters to keep strangers from stalking or gathering information about them. Although the Martin’s Facebooks were completely private, had the applicants Facebooks blocked and did in fact possess privacy measures, Mr. Vestuto was able to access their Facebooks and obtain private conversations only accessible by friends.
Did Mr. Vestuto violate the order by adding or having someone else add the Martin’s as friends on their Facebook so he could obtain more access to the Martin’s through social media? We may never know, since he may have created a fake Facebook and may be using a pseudo name, as many of his allegations of contact have used pseudo names or cartoon characters. Mrs. Martin created a new Facebook just 3 day before the court hearing. At the hearing, Mr. Vestuto indicated that he knew she had a new Facebook and even had a photo copy of the page, confirming Mrs. Martin’s suspicions, that Mr. Vestuto is possibly a stalker and continually searches or has others search for her online. This degree of obsession is quite possibly going to backfire in the long run, since every person who is not named in the protective order could bring up a lawsuit against the applicants for civil rights violations (freedom of speech violation, freedom of association violation, right to privacy violation, ect.) and stalking against them. In the meantime, Mrs. Martin has told everyone she knows to tell everyone they know to stay away from Remax. Any communications with Remax could result in my imprisonment and psychological evaluation threatened by the judge as a harassment tactic and further medical intrusion on Mrs. Martin.
A Pre-Trial hearing is scheduled on July 22, 2014 regarding Mrs. Martin’s additional charge of “Obstructing an Officer, Providing false ID” regarding her informing the officers that her name was “Rebecca Martin” since she had gotten married back in April. Since she had just returned back from her honeymoon, she wasn’t able to change her ID yet, and her information had been mailed to the social security office in order to change her name. More further harassment presented by LVMPD and the officer, Bryan Jackson, who rammed Mrs. Martin’s vehicle.
Throughout the case, Judge Kephart has engaged in ex parte communications with the plaintiffs and with the defendant’s previous attorney, Spencer Judd, where the defendants were not allowed to be present. During the meeting in his chambers with the defendant’s previous attorney, Judge Kephart tried to talk him out of representing them. This is a violation of Judge Kepharts oath to remain unbiased and impartial. He has shown a bias toward the defendants, made multiple slanderous statements about the Defendants and their friends while court was in session.
On July 15, 2014, Mrs. Martin was a guest on an independent radio news program where she discussed the case before Judge Kephart. During the radio show, the host endorsed Judge Kepharts campaign opponent for the upcoming election for District Judge. Judge Kephart phoned the radio producer to complain about the endorsement claiming he pays good money to the radio show and therefore cannot endorse his opponent or discuss the case. Rebecca Martin was never given a gag order or told she cannot discuss the case with others. She has a civil right to endorse whoever she wants during an election. She also has a civil right to discuss her experiences in an open forum.
At the July 17, 2014 hearing, Judge Kephart made reference to the radio show and even had an outburst at a member in the crowd, Mr. Jason Nellis, the Secretary of the Las Vegas Libertarian Party, as “Nelson”, and exclaimed that Mr. Nellis needed to properly quote him if he wanted to report about him. This statement making reference to Mr. Nellis’ blog where he posted an article he wrote informing his followers of the events in the Martin’s Case. Judge Kephart was visibly upset at the amount of attention the case had gotten and went off on a diatribe in the middle of the hearing. Mr. Kephart, on multiple occasions, screamed at Mrs. Martin, “You’re Delusional!” which in-turn caused Mr. Nellis to whisper “Oh come on”. The bailiff told Mr. Nellis to leave, which caused Judge Kephart to yell something to the effect of, “No! He can stay, I want to show him that this is an open court, and for him to know when he reports on this, which he will, he needs to get it right, and there are audio and written transcripts available.” However, on the many occasions Mrs. Martin called to obtain transcripts in the past 7 months, no call was returned. Although the Judge had stated previously at Johns contempt hearing that the Martin’s new attorney could obtain their entire case record, it has not been provided as of July 19, 2014.
During the hearing, Mr. Vestuto stated that another “Anonymous” attack had occurred at his place of business during the time Jonathan and Rebecca were in custody, Jonathan being in the jail on his first contempt charge, and Rebecca being held in the Veterans Administration Inpatient facility.
It is clear Judge Kephart does not understand civil rights laws as he continually violates them. Brandenburg -v- Ohio is one that mirrors case #14PO-0054 and Judge Kepharts witch hunt for “Anonymous” persons. He continually tries to hold the Martin’s responsible for the actions of others, simply because he believes they belong to an affiliation or group, which is a direct violation of Freedom of Affiliation and Freedom of Speech, both protected under the first amendment of the constitution. The applicants have yet to prove the actions of Mrs. Martin or Mr. Martin directly lead to imminent danger of the applicants, as no danger has been presented in 7 months. All evidence presented is completely circumstantial or delusions fabricated by the applicants. The motive of the applicants is not clear, but it could possibly be due to ego, want for money (getting paid to harass in order for the Martin’s to leave their property or abandon it, leaving the realtors to make a profit from selling the property for Fannie Mae) or even pure malice. Although Fannie Mae continues to deny hiring the applicants, and the applicants continue to state on the record that they were hired by Fannie Mae, no production of proof has been provided, possibly hiding their corruption and perjury in front of the court. The judge has not allowed for discovery, nor does he hold the applicants accountable for not following lawful procedure in presenting evidence (exhibits need to be filed prior to the court date so the defendants would know what they are being accused of). The Martin’s deserve to have a fair chance at a defense against the multitude of wild accusations, assuming Judge Kephart can see past his own influence or assumptions and provide a fair hearing.
Judge Kephart’s prejudice and corruption has shielded him from properly standing as an unbiased judge and should immediately be removed from his position and disbarred due to his complete lack of knowledge and disregard for the law. He has violated not only state law, but federal and civil rights laws. His actions cannot continue, because innocent people are getting hurt by the actions of his corruption.
As requested by Kephart and Vestuto, Rebecca (and friends) has put out a message to anyone, for all to share, to not contact ReMax, since the Judge will hold her accountable (in jail) for any contact made whatsoever with the realtors by anyone associated with her, as breaking the PTO. Here is that statement from Becca:
*Public Service Announcement*
Please do not contact Remax for any reason. Any contact could possibly leadto a violation of the Protective Order put in place against me and my husband. Since the order now includes ANY one even remotely linked to me or my husband I need to ensure that everyone knows, NEVER CONTACT REMAX for ANY reason! (Gone are the days of 6 degrees of separation) The order also includes anyone who has or ever will refer to themselves as “Anonymous” which includes, donations or chat posts where you simply didn’t want to put in a name, or that the social media account only allows for “Anonymous” or unnamed identifiers. So the safest bet to ensure my husband or myself do not get put in jail for someone within the Las Vegas area, or world, for that matter, is to not contact REMAX in any way shape or form!
Again, if you haven’t been following this, check out the original article I posted on it here: Peaceful Vegas Activists and their Families Under Assault by LVMPD and here is my take on her contempt/release hearing …although I haven’t been around for the entirety of the saga, I met them in November of last year, as the harassment was already well under way, but mainly by Fannie Mae and just the start of the realtors. Let’s hope the victory of this battle at the last hearing is the turning of the tide and that the harassment stops. But still, there is no way we can let Judge Kephart win the election for District Court Judge in November. Please vote for his opponent Cliff Marcek if you live out here, and spread the word. I have no ties whatsoever to Marcek. I have never been so personally determined for a political figure to lose, and I’ve been hugely perturbed by our last couple Presidents.
As usual, more to come. Hope to see those transcripts soon.