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On December 26, 2013, Timothy McGrail, a.k.a. Rain OWS and Katrina Oaks, were falsely arrested after an altercation took place between a homeless man out for a free after Christmas dinner and five other people; most of which are occupiers and hosted the feeding at the church that night. For the record, Rain, Katrina and their witnesses do not deny that this incident took place, it is just that they tell a very different and compelling story that will blow your minds and make you wonder about all the times you have been in front of a judge and wonder about the next time you face one.
Both were arrested for felony battery on a person over the age of 65. Their reputations were tarnished by local newspapers. For reasons that will become clear if you pay attention and read the links (they may or may not have been accused of the crime by the victim), they were arrested by an over zealous officer who, along with another officer that was there at the scene, was just cleared that morning from a complaint to Internal Affairs, by Rain, Katrina and Stacks.
The last thing the victim, Dinarte Roderigues Desilva, was doing was talking face to face with the accused. He was hit from the left side, just outside his peripheral vision. He never saw it coming. Neither did the accused, who were facing the person that did it, until it was too late. Could the police have told him to finger the accused, “or else”? Was he maybe drunk? There was a so called witness, Raymond Clark, but he wasn’t there or watching when this happened. What happened next was like Alice falling into the looking glass. The maze of confusion, deceit and corruption that the police, court and its minions are putting them though will mesmerize you, so will Rain’s team’s tactics in dealing with them. These pleadings should be tightening up the judges assholes and probably spinning the court as if they blew a gram in their faces.
To make a long story very short, read the Affidavit of Danovis Shufford, a.k.a. Stacks.
Katrina bailed out of jail within hours while Rain remained incarcerated for 8 days. During the course of this matter, the judge has allowed Rain to stand in as himself (in propr. persona) while not allowing Katrina to do the same. Rain fired his first public pretender while Katrina's quit on her. She now has different representation who is still doing nothing for her.
Now, with every felony arrest there has to be an indictment or preliminary hearing in order to commit the accused to trial. This is where the court finds out if and what crime has been committed and who may have been responsible. This is especially important when there was no cop to witness the event. Neither of these things happened. On January 24th, 2014, the court closed both cases (2013 103388 CFDL and 2013 103389 CFDL) without them every having been formally arraigned. Three days later, the county court opened up two brand new "misdemeanor" cases, 2014 100556 MMDL and 2014 100558 MMDL.
On that thirty-third day, January 27th, 2014, the state of Florida brought Rain and Katrina to arraignment, only this time under a new charge of misdemeanor battery. This would sound like a good thing for our oppressed pair, but in reality, it was a hidden ploy to bring them to plea bargain for 59 days in jail, amongst other things, or trial without the police every having witnessed the crime, nor the victim every having to testify to a judge in order for that judge to decide if there is probable cause to bring this case to action and issue a summons or warrant. This is a little trick all the courts play on us (and the lawyers let get away with) just to take our money and make us work harder to replace it. This is why everyone out there should learn the rules of court in their state before even going before a judge at first appearance. I know, easier said than done. This is also why there is a need for a major revolution in this country.
When Rain and Katrina were arrested it was sort of lawful for the officer to do. I have never heard of an officer hearing the story of a man, that another man and woman pushed him and that officer believe him enough to arrest the pair with no proof when he had five people to choose from and they were all trying to tell the police what really happened. Even if the victim could show the officer scraps and cuts, that is still not evidence of how those abrasions got on him. He could have just slipped and fell. But in any case, the officer, one Deland Police Officer Rachel Riley, said that she had her suspects for this felony, so the arrest was made. I think the 911 call gave it away that something happened. It was now on to phase two of what is needed when an officer doesn't see a crime happen, yet makes an arrest for an "alleged" felony crime. It was now time to wait for an indictment or preliminary hearing. An indictment is when the accused (they have their choice to testify) and/or the witnesses involved either appear before 23 people in a grand jury (as in Katrina's case since she had bailed out of jail) to tell the story and have them vote to commit the accused in an indictment to stand trial or be let go, or appear before a judge in a preliminary hearing (as with Rain since he was in jail) to do the same by a committing judge. In both cases this never happened and the court closed them after 30 days.
Now comes the scam. Since the state wasn’t seeking an indictment for Katrina, or to have a preliminary hearing for Rain, they quietly moved the cases into the lower court with no evidence other then he said, she said. They don't care about the law. It was as if I told a police officer that you pushed me down and then I showed them cuts from a previous fall, or from someone else, and the officer arrests you and the court prosecutes you for my false tail. They moved this case into the lower court hoping no one would notice that they really have no jurisdiction in this matter whatsoever and made a lot of obstacles for Rain and Katrina to go through in an order of keeping that fact from them. But they were caught. And when Rain and Katrina directed their lairs... I'm sorry, I mean their lawyers, to make a motion to dismiss based on this information and the knowledge of the law dealing with battery on a person over the age of 65, they were met with opposition. Katrina's lawyer quit on her stating a conflict of interest, but this reason was never stated on the Motion to Withdraw as Council's - judge's Order, as required by court rules. Rain fought and got the right to fire his lawyer and stand in as himself. But Rain has the council of other people working with him and they have a very unique way at looking at things that makes this case a very different one.
First, this case is a case of discrimination. The victim, Dinarte Desilva, is a 70 years old man who frequents homeless hangouts. Florida law makes a physical attack on a person of that age a mandatory felony. It helps to protect the elderly. Everyone in Florida knows about this law; most think the age is 55. There are no laws in the Florida Rules of Criminal Procedures that says this charge can be reduced from a felony to a misdemeanor. In fact, it states quite the opposite. Would they be reducing this charge if the victim was a retired judge and not someone who frequented all the known homeless gathering spots? Would the court have brought an action against Rain and Katrina if they had middle class professional jobs and not two of those people who frequent all the known homeless gathering spots? What the cops and the court thought was there was three ignorant homeless bums, “we can take advantage of them”.
To make a very long story short, and to see why this is not cool, read Rain's Motion To Dismiss. This will explain a little about what is going on here. There’s so much more. After you read it, continue reading on.
So, after reading the Motion to Dismiss, one should get the crux of what is going on with this little intimidation and extortion racket. Judge Peter A.D. McGlashan, is a real prick who really is not a neutral judge, but a judge who works for the prosecution. He denied the motion to dismiss without hearing it through, along with Rain's Notice of Time Expiration and a Motion to Dispose Stacks. So what was the next move in this poker game played with the strategy of chess? They filed a Notice to Appeal with the court and shut down the judge from continuing on with this case.
Rain’s appeal comes in the form of a Petition for Writ of Prohibition. If that don’t tighten the judge’s ass, the defenders don’t know what will. After you read this, you will be screaming at your computer screen.
There are so many things this judge and the police have been doing to totally confuse Rain and Katrina: separate cases, separate court dates, pre trials, trials, changing dates and case numbers and the like. It is a shell game this judge is playing. He thinks he is nobility. And I guess in a way that anyone who claims they can place you in a cage for years or even take your life feels they have a title of nobility over others. And the police employees are running interference to protect their crooked cops so much so that Rain is currently suing the evidence officer of the Deland Police Department. Here in his Petition for Writ of Mandamus, the defenders explain to a civil court judge, exactly what is going on with the police department and how Rain is being stonewalled. You would think a truly neutral judge would feel bad for someone being met with such resistance from its own civil employees. Not this one, he gave a five point Order dismissing the lawsuit for reasons which really make no sense, since what Rain is asking for is public record and available at anytime to anyone making a request. You can read page one, page two and page three of Judge Raul A. Zambrano’s Sua Sponte Order by clicking on those three links. So what did Rain do? He filed another one, amended, under the same case number. This Amended Petition for Writ of Mandamus was changed around, just a little, and will show you how frustrated Rain is becoming in this case. It also does a great job at tearing the judge a new asshole. If he denies the second one, the team will appeal to the Fifth District Court in Daytona, Florida.
On Thursday, May 15, 2014, Rain attempted to get three things done at the courthouse. He got there at 3:30, an hour early to file two pleadings and get the clerk to sign a subpoena. Ten, fifteen minutes, tops. But it took him over an hour and the court closes at 4:30. They ran him all around. Then they would take the pleading and rather then just stamping and filing it, they took it into the back room to read and probably called everyone to tell them what was going on with Rain. (Today, when Rain walked into the courthouse, the deputies get on their radios and announce to all that “Rain McGrail is in the building.”) And the subpoena they wouldn't even sign. He has been asking the clerk to subpoena Billie Joe Preacher OWS, who is currently in jail in Daytona. Each time the clerk would tell him 7 dollars and Rain would tell her he was indigent, but she didn't care. Pay up or no. So they wrote their own subpoena. Totally legal. But she still wouldn't sign it. Rain went to the sheriff's department in the courthouse for the fourth time. These are the folks who actually serve subpoenas. But that is not the only way to serve them. And these folks sent Rain on a wild goose chase the first three times he went to them. When he brought up and showed his subpoena to the deputy[s], she/they told him that there should be no reason why the clerk won't sign it. She noted that Billie's address was missing, but other than that it was fine. The deputy even went with Rain to the clerk's office to read them the riot act. But when they got there, it was twenty minutes to five and they were closed. No matter, the trial has been delayed anyway because of the appeal. So...
At the moment, the Petition for Writ of Prohibition is in the hands of Judge Dawn D. Nichols, of the Seventh Circuit Court of Appeals. Unlike Judge Peter McGlashan, the trial judge in Rain and Katrina’s case who worked for the prosecutor’s officer for ten years before getting his judgeship, this Judge Nichols used to work for the public defenders office. So one can hope with better expectancy that she would have some sympathy for the accused and what is happening to them. More importantly, that she will have respect for the truth and the law and do the right thing. Will she? Or will she turn out to be the type of person who plays the game and also goes along with program for a little quid pro quo?
So what is going on here? Are the judges totally corrupt and deliberately violating the rights of three indigent people just because they frequent the homeless community of food pantries, church feedings, street walking, dumpster diving and sometimes tent dwelling? Is Judge McGlashan taking advantage of these three people because he has an ulterior motive? Maybe one like the two judges who were convicted for sending 14 year-olds in Pennsylvania to jail for six months for throwing a chicken leg at their stepfather in the Kids For Cash scandal. They were found to be doing that for profit. Or is this judge just too stupid to be on the bench making $134,280 per year? Which is it folks? Does he have ulterior motives, or is he just too stupid to have power over our freedoms? I ask you. We know that he and his fellow coconspirators are all guilty of violations of Title 18 U.S. Code, sections 241 and 242, plus others like mail fraud and extortion. Will the Feds come in to get ride of these very corrupt and criminal people, or will it just be business as usual? Check back soon, the kids may have talked to them.
The tactics the defenders have applied in defending Rain and Katrina’s freedom from the tyrannical government inside the United States, seem to say a hell of a lot. It’s like reading a parent lecture to the child. I’ve read many lawyer’s pleadings over the years. They all seem to be begging those judges like they have a title of nobility and we are but their humble subjects. But Rain’s team seems to be doing the exact opposite. They sound as if they are in charge and mention to the real people playing their parts not to take what they are doing too seriously. They let them know that Rain is the real government, while they are just temporary humble servants there to take care of us.
One last note. Back on April 21st, the state motioned for, and was granted on April 28th, a Order to Consolidate. This means they would try these cases together. Before that, it was done separately - the judge even having tried to bring Rain to trial back on March 24th. We checked the court events on April 21st and both trial were schedule for the first time ever on the same dated, May 19th of this year. On May 1st, Rain filed a Notice to Appeal with the court. The conspiracy between Judge Peter McGlashan and the others becomes quite clear. On May 15th, the same day that Rain filed his Petition for Writ of Prohibition, the state set a new trial date for Katrina. They are just hell bent on convicting her. Katrina wrote to her liar...I mean lawyer and asked how the judge could do this if he already gave the order to consolidate after she had motioned for it. Her liar’s answer was thus: “Katrina, the state filed the motion to consolidate, not me. Your trial date was continued at our last Pretrial Hearing in your presence.” Notice how attorney Nicole Jordan, doesn’t answer the question? That is because she is in on the conspiracy to deprive Rain OWS and Katrina Oaks, of their constitutionally rights to due process of law.
This case is so involved that is would take me a couple of weeks to write it all down here. But keep checking back for updates. They will be posted daily as they happen. Take care all you peace loving freedom fighters out there.
UPDATES
May 19, 2014
Judge Raul A. Zambrano denied the second Petition For Writ of Mandamus stating that it was “legally insufficient”. This, after giving a complete bullshit response for denying the first response and with the second one being no different than the first. Guess they told him to just sweep it under the rug. I’d love to be a fly on the wall of that courthouse right now.
May 21, 2014
Judge Nichols denied the Appeal, the Petition For Writ of Prohibition, stating that it was also “legally insufficient”. That is terminology not found in the legal dictionaries. Before Rain files his appeal with the Fifth District Court of Appeals, in Daytona, Florida, he will be asking the judge to explain what the term “legally insufficient” means. Perhaps he can re-file. If not, it is definitely going to Daytona. It seems that all the judges are corrupt and scratching each other’s backs, while being backed-up by lawyers who someday want to be a judge and know how this game works. Is there not a lawyer out there that is not a liar and has respect for the rule of law? Is there no one out there that is strong enough to take on a judge who is either wrong or corrupt?
May 22, 2014
The Denial for the Amended Petition For Writ of Mandamus was actually signed on the 19th, but it wasn’t filed until the 22nd of May, and not even entered into the record until today, May 28, 2014. (Click here to see what the file looked like yesterday.) And on it, the judge gives Rain 20 days to refile the Amended Petition. They added that to the record after Rain filed a Notice to Appeal this morning. Something smells very fishy to me.
May 31, 2014
Rain and Katrina report that earlier this week they were visited by Feds in a black SUV. As to what happened, they both have no comment.
June 2, 2014M
Rain filed a Notice to Appeal, the appeal made in the Petition For Writ of Prohibition, which Judge Nichols denied on May 21st, for the Motion to Dismiss, which Judge McGlashan denied back on April 28th. It will now be up to the Fifth Circuit Court of Appeals, in Daytona. Katrina has her own pretrial tomorrow, June 3, at 1:30 PM., in front of Judge McGlashan, despite the fact that he consolidated this case with Rain’s case. Check back to for an update on what happened.
June 3, 2014
Katrina showed up for court today and fired her liar...I mean her lawyer. Judge McGlashan, who denied Katrina to represent herself in the past, has now allowed her to be her own girl - probably because he knows the lairs...I mean the lawyers that they will give her will only do what the court wants them to do and not what Katrina wants. Katrina is already going to file two complaints to the Florida Bar, and I think this judge just wanted to save another from going down due to his tyrannical reign. There has been no trial date set yet, but he did set a pretrial date of June 30th, at 8:15 am. Rain still has no new court date set. When Katrina tried to question the judge about the consolidation, it was as if he regrets ever having done that by the way he avoided the questioning. It’s interesting, the state won the motion, was granted the order and has still to consolidate both cases into one. Guess that prosecutor will be getting a complaint to the Bar as well.
June 23, 2014
Well, just a few minutes ago Katrina tried to file a Motion To Dismiss with the clerk of court. They would not accept it and sent her to the state’s attorney’s office. They expected this. The two were telling her that Nicole Jordan is the attorney of record, but they were lying to her. All one has to do is check out Katrina’s case summary at the clerk’s website, compare it to Rain’s and one will learn that Nicole Jordan has been taken off as the attorney of record. Both summaries read the same. But they expected this motion. How else would they know not to accept the motion so fast without checking? These people haven’t got a clue of the hell about to reign down on them in federal court. Now that Katrina has been granted the “right” to represent herself, she is going to make the judge regret ever doing that. I hope he gave her a full Faretta Hearing, because he was quite sure, in the past, that Katrina was incapable of standing in as herself without council. After Katrina called one of The Defenders, she was told of the summaries online. She went back to the clerk’s office, read them the riot act and the Motion To Dismiss was accepted and filed with the court. Read Katrina’s motion by clicking here. It will probably be heard next Monday, at her pretrail. Stay tuned for further details.
June 30, 2014
a.m. Today Katrina goes to court for a pretrial. How they can proceed with Rain’s appeals to the district court, is beyond them. Stay tuned for the story of what happened today to be posted latter tonight.
p.m. The judge has decided to extend the hearing to Monday, July 14, 2014 so that the state can have their witness, Officer Rachel Riley, present for the hearing.
July 14, 2014
The hearing was set for this morning at 10:30 am. The state had it’s witness, Officer Riley, present and Katrina even went so far as to subpoena Billiejoe “Preacher Man” Akains. The sheriff didn’t have Billiejoe there. The judge, McGlashan, in a strange twist, told Katrina that he wasn’t going to hear the motion because the clerk of courts didn’t administer an oath to her. This is complete bullshit. The clerk doesn’t have to administer any oaths when a motion to dismiss is introduced. It wasn’t for Rain’s motion to dismiss and that was heard without this new bunk policy. Is the judge saying that the clerk doesn’t know her job? The reason why he didn’t hear the motion is because it was air tight and the fact that Katrina had Billiejoe subpoenaed for that same hearing and they couldn’t listen to why he was even in jail in the first place which has to do with the state’s star witness Officer Rachel Riley. The corruption just keep getting added to and added to.
August 31, 2015
Shortly after the last entry was made, Rain and Katrina disappeared. They unfortunately left people they knew holding the bag when it comes to their bails, for they are now responsible since Rain and Katrina did not show up for court. I believe it was the $y$tem that created this. Ran and Katrina had it going on, but the government boys would never give them a break and kept telling them that they didn’t. It is as if the pair had an epiphany that trying to fight a corrupt government, without your witness around or cooperative, that is quest for justice was just futile. Thanks feds; thanks for nothing you bastards.
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