Richard Powers is allowed bail! Relieved this Judge is so far fair - Gary Michelson

UPDATE: I was hoping they'd update Pacer so I could just post that but no. The below is what happened at the hearing.

Powers granted bail pending the posting of a $750K property bond on his behalf.  Could be out of jail in a week but after all the games the DA played in the criminal case with bail it may be longer.

At the hearing Judge Sagar listed the following "special circumstances" for bail release.

1.  There is cause to believe this is a case of double jeopardy and would be in Richard's favor to overturn an extradition claim by Costa Rica.

2.  There is an apparent lack of "diplomatic necessity" from Costa Rica based on the facts presented which show it was nearly ten years since the original criminal complaint was filed in Costa Rica to the time that a request was officially made from the Costa Rican government in April, 2017.

3.  Based on all the letters received from family and friends, as well as the strong showing of support in the courtroom, the court finds that Richard has strong family support and ties to the community, which has been ruled in other cases as a "special circumstance." Thanks to everyone who showed up at the hearing!

4.  The last "special circumstance" cited by the judge was that it is clear from the record that Richard never attempted to flee and even when on bail during the criminal case for nearly four years (he was released on bail Sept 5, 2013), demonstrated that he was abiding by the law, and therefore should not be considered a flight risk.

The US attorney made a pretty desperate plea to the Judge as to why Richard should not be allowed bail. Judge didn't budge. Gary will probably be fuming, ranting and raving at his "justice consultant" Steve Cooley and the US Attorney.  For the US attorney to make a desperate plea when he knows he's in the wrong shows the level of corruption. Same happened in the US criminal case.

This of course means nothing at the moment. Previous Judges acted fair for a hearing or two only to cave later to political pressure.

Another friend of Richard's sent in a glowing letter for him. It was filed with Pacer.


Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, University of Southern California, Gary Michelson Center, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction #usc * Disclaimer Legal disclaimer

Bail, detention hearing continued to September 1, 2017 - Gary Michelson, criminal, teak farm Costa Rica

Gary Michelson, Alya Michelson, lawsuit, criminal, costa rica, crazy, teak farm, philip powers, richard powers

Detention hearing continued to September 1, 2017 1:00 p.m. I will update this post in a few minutes with some documents.

08/22/2017	21	STIPULATION to Continue DETENTION HEARING AND BRIEFING SCHEDULE from August 25, 2017, at 10:00 a.m. to September 1, 2017, at 1:00 p.m. filed by Defendant Philip Richard Powers (Attachments: # 1 Proposed Order)(Castillo, Pedro) (Entered: 08/22/2017)
08/22/2017	22	TRANSCRIPT filed as to Defendant Philip Richard Powers for proceedings held on 8/11/2017; 2:20 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/12/2017. Redacted Transcript Deadline set for 9/22/2017. Release of Transcript Restriction set for 11/20/2017.(at) (Entered: 08/23/2017)
08/22/2017	23	NOTICE OF FILING TRANSCRIPT filed as to Defendant Philip Richard Powers for proceedings 8/11/2017; 2:20 p.m. re Transcript 22 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(at) TEXT ONLY ENTRY (Entered: 08/23/2017)
08/23/2017	24	ORDER by Magistrate Judge Alka Sagar as to Defendant Philip Richard Powers. IT IS HEREBY ORDERED 21 that the bail hearing of Mr. Powers, currently scheduled for August 25, 2017, at 10:00 a.m. is hereby continued to September 1, 2017, at 1:00 p.m. It is further ordered that the time in which for Relator to file his Reply to the Governments Opposition to his Motion for Bail is continued from August 23, 2017, to be filed on or before August 30, 2017. (afe) (Entered: 08/23/2017)

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Detention hearing continued to August 25, 2017 10:00 a.m. Judge Alka Sagar Rm 540 - Gary Michelson

Philip Powers detention hearing Los Angeles, California, Gary Michelson

UPDATE 08/16/2017 These are recent entries in the court docket for this case.

08/11/2017 14 SCHEDULING NOTICE by Magistrate Judge Alka Sagar as to Defendant Philip Richard Powers. The previously scheduled detention hearing set for 08/11/17 at 11:00 AM has been rescheduled to 08/11/17 at 2:00 PM before Magistrate Judge Alka Sagar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(afe) TEXT ONLY ENTRY (Entered: 08/11/2017)
08/11/2017 15 MINUTES OF Detention Hearing held before Magistrate Judge Alka Sagar as to Defendant Philip Richard Powers. Detention Hearing is continued to for 8/25/2017 10:00 AM before Magistrate Judge Alka Sagar. Abstract of Court Proceeding (form CR-53) issued. Original given to USMS in Court. Court Smart: CS 8/11/17. (ja) (Entered: 08/14/2017)
08/15/2017 16 TRANSCRIPT ORDER as to Defendant Philip Richard Powers for Court Smart (CS). Order for: Criminal Non Appeal. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Attachments: # 1 voucher)(Castillo, Pedro) (Entered: 08/15/2017)
08/15/2017 17 STIPULATION to Continue Briefing Re: Notice of Request for Detention 7 filed by Plaintiff USA as to Defendant Philip Richard Powers (Attachments: # 1 Proposed Order)(Attorney John J Lulejian added to party USA(pty:pla))(Lulejian, John) (Entered: 08/15/2017)
08/15/2017 18 filed by Plaintiff USA as to Defendant Philip Richard Powers Redacted Complaint Re: Complaint 1 (Lulejian, John) (Entered: 08/15/2017)
08/15/2017 19 ORDER by Magistrate Judge Alka Sagar as to Defendant Philip Richard Powers. IT IS ORDERED 17 that government's reply brief in support of its Amended Motion for Detention Pending Extradition Hearing (Docket No. 7 ) will be filed on or before August 18, 2017, and fugitive PHILIP RICHARD POWERS's sur-reply will be filed on or before August 23, 2017. (afe) (Entered: 08/15/2017)

Here are the recently filed documents.

Here is the redacted complaint. They only redacted Gary's full name and the name of some land owners. There must be a separate original complaint for each defendant. This is only for Richard. I just read it. Gary again lies and states there was a written contract in 2003 for a 6% commission. There was never a contract for a 6% commission. Gary later admitted that document did not exist. In this complaint they state there were 49 original claims. The Judge in the preliminary hearing threw out 43 claims due to statute of limitations. The state did not withdraw the claims. Powers, Campbell were acquitted of all claims except one. All claims were litigated. They served their time for that one claim. US claims this is not double jeopardy as the "withdrawn" claims were never heard. They were tossed out by the Judge. They were heard.

https://drive.google.com/file/d/0BxE8KfVPjYF4VWQ5clBRSFBPbEU/view?usp=sharing

Both parties stipulated to continue the detention hearing allowing each time to prepare briefs. US is due by August 18, 2017. Powers' is due by August 23, 2017.

https://drive.google.com/file/d/0BxE8KfVPjYF4VnVKZ3dCNXRPUEE/view?usp=sharing


ORIGINAL: Detention hearing continued to August 25, 2017 at 10:00 a.m. Judge Alka Sagar is giving Public Defender time to show "special circumstances" as outlined in my previous post.

MJ17-01557-DUTY CS 08/11/17 August 11, 2017
Alka Sagar
Alma Felix John Lulejian N/A
PHILIP RICHARD POWERS
Pedro Castillo
August 25, 2017 10:00 ✔
540 / Roybal Alka Sagar, Magistrate Judge
✔ Abstract of Court Proceeding (form CR-53) issued. Original given to USMS in Court.

Link to pdf document.

https://drive.google.com/file/d/0BxE8KfVPjYF4WUhCZ0hnUzUzb1E/view?usp=sharing

Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, University of Southern California, Gary Michelson Center, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction #usc * Disclaimer Legal disclaimer

Richard Powers detention hearing is today. His attorney filed motion for bail. Gary Michelson

Richard powers motion for bail, exhibits, gary michelson, revenge, scorched earth, billionaire, costa rica, teak farm, 

UPDATE:  Bail hearing is continued two weeks. Judge requested briefs from both parties on "special circumstances." Richard had lots of supporters in court. Right now it looks very favorable on the flight risk, danger to society issues.

"Special circumstances" is a little complex. This article goes into how to show special circumstances.

http://www.curtis.com/siteFiles/News/The%20Champion%20January-February%202011.pdf

The article states one must show (1) high probability of success on the merits, (2) Unusually prolonged or delayed extradition proceedings, (3) Lack of "diplomatic necessity" for denying bail, (4) other circumstances sometimes recognized as "special," i.e. health, juvenile status, religious practice, need to attend to other legal proceedings, wide spread communal support, nature of offense charged, acquittal in the requesting country, parity of treatment with a co-defendant who had been released on bail, availability of bail in the US for charged offense, (5) circumstances not usually considered "special" which may be i.e., lack of flight risk/danger to society, failure to receive credit for time served in US, lack of prior criminal record, good character of defendant, tactics or motive of requesting government. Based on all of these "special circumstances" I think Powers has a good chance of prevailing if the judge is fair.

______

Hearing was postponed to 2:00 p.m. Powers and his team are confident they have the evidence and law to prove Powers should be allowed bail and should not be extradited to Costa Rica. Of course having the law and evidence on your side means nothing when corruption and lots of money is involved. Hopefully this is a fair and just judge.

08/11/2017 14 SCHEDULING NOTICE by Magistrate Judge Alka Sagar as to Defendant Philip Richard Powers. The previously scheduled detention hearing set for 08/11/17 at 11:00 AM has been rescheduled to 08/11/17 at 2:00 PM before Magistrate Judge Alka Sagar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(afe) TEXT ONLY ENTRY (Entered: 08/11/2017)

PD filed another motion with more letters of support.

https://drive.google.com/file/d/0BxE8KfVPjYF4RUM1WTdhTk1FNlk/view?usp=sharing

Another letter of support.

https://drive.google.com/file/d/0BxE8KfVPjYF4SC1rdTVlV2VsdlU/view?usp=sharing

ORIGINAL: Here is Richard Powers' motion for bail. The attorney brings up the fact that statute of limitations have run, double jeopardy and Powers was cleared of charges in Costa Rica. Another friend of Richard's who is an attorney went into the specifics of the extradition treaty between the US the Costa Rica. Based on all this evidence and law Richard should not be extradited and should be released on bail while he awaits the extradition hearing. Currently there is a scheduled status conference in September.

08/10/2017 12 RELATOR'S MOTION FOR BAIL; EXHIBITS filed by Defendant Philip Richard Powers (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-H)(Castillo, Pedro) (Entered: 08/10/2017)

https://drive.google.com/file/d/0BxE8KfVPjYF4M0tOaVgyY2Q4cHM/view?usp=sharing

Exhibits A to C. This is the translation of the criminal case in Costa Rica. It also includes various orders from the civil case here in Los Angeles.

https://drive.google.com/file/d/0BxE8KfVPjYF4aHBxeWdYZnZ2X1k/view?usp=sharing

Exhibits D to H. The attorney forgot to redact Richard's social security number, driver's license number.... This is a redacted copy which I made. I only removed his confidential information. This is the court file for the criminal case here in Los Angeles and letters of recommendation from friends and family saying that Richard is a well loved member of the community and not a flight risk. I didn't know this. Richard has not been able to get a job. He has instead been volunteering at different places.

https://drive.google.com/file/d/0BxE8KfVPjYF4aG1VeERUN2RuaGc/view?usp=sharing

More about Articulo 222.

ARTÍCULO 222.- Se impondrá la pena establecida en el artículo 216, según el monto de la defraudación, al que por cualquier razón, teniendo a su cargo el manejo, la administración o el cuido de bienes ajenos, perjudicare a su titular alterando en sus cuentas los precios o condiciones de los contratos, suponiendo operaciones o gastos exagerando los que hubiere hecho, ocultando o reteniendo valores o empleándolos abusiva o indebidamente. (Así reformado por la Ley No. 6726 del 10 de marzo de 1982)

Google translate into English.

ARTICLE 222.- The penalty established in article 216, according to the amount of the fraud, shall be imposed, which for any reason, having in charge the management, administration or care of property of others, will harm the owner altering in its Accounts the prices or conditions of the contracts, assuming operations or expenses exaggerating what they have done, hiding or retaining values or using them improperly or improperly. (Thus reformed by Law No. 6726 of March 10, 1982)

Here is the referenced article 216 translated

ARTICLE 216. Whoever misleading another person or maintaining it in him, by means of the simulation of false facts or by means of deformation or concealment of true facts, using them to obtain an anti-juridical patrimonial benefit for himself or for a third party , Will be punished in the following manner: 1) With imprisonment from two months to three years, if the amount of the defrauded does not exceed ten times the basic salary (*). 2) With imprisonment from six months to ten years, if the amount of the defrauded exceeds ten times the base salary.

The preceding penalties shall be increased by one third when the facts mentioned above are made by any person who is the agent or administrator of a company that obtains, in whole or in part, its resources from the savings of the public, or by whom, personally or through an entity registered or not Inscribed, of any nature, has obtained its resources, totally or partially from the public savings. (Thus amended by Law No. 7337 of May 5, 1993). (*) The term "base salary" is defined in article 2 of Act No. 7337

Dr Gary Michelson, Michelson Prize, $75 million, Found Animals Foundation, Dr. Gary Michelson, Gary Michelson, Gary, Michelson, Gerald, Michaelson, Gary Michaelson, G Karlin Michelson, Mary Cummins, Animal Advocates, marycummins.com, animaladvocates.us, Gary Karlin Michelson, Gary K Michelson, Karlin Michelson, Alya Michelson, Aimee Gilbreath, teak, farm, billionaire, Forbes, lawsuit, worth, married, fraud, pitbull, purebred, bribe, bribery, patent, spine, animal nut, patent troll, thief, criminal, childhood, philadelphia, pennsylvania, boca de canon, Los Angeles, California, Ed Boks, Edward Boks, Antonio Villaraigosa, steve cooley, jackie lacey, campaign, donation, district attorney, inventor, hall of fame, grandmother, hand, fire, burn, 20, million minds, text book, free, surgery, surgical, twenty million minds, dog, high school, law, lawyer, doctor, dr., Michelson Medical Research Foundation, foundation, wilshire, Karlin Asset Management, KAM, Found Animals Legislative Fund, mom, dad, mother, father, brother, Gracie, bull, spay, neuter, adopt, buy, capital, karlin ventures, david cohen, tianxiang zhuo, spinal, surgeon, ceo, Karlin Real Estate, charity, 501 3c, irs, nonprofit, non-profit, Gary Karlin Michelson M D Charitable Foundation, gay, homosexual, wayne pacelle, hsus, animal services, temple university, medical, school, born, flake, crazy, central high school, Hahnemann Medical College, drexel, jewish, russian, Medtronic, Wikipedia, grant, $25, $50, Kremlin, mail order bride, Karlin Holdings Limited Partnership, C & M Investment Group Limited, michelson technology at work, Infuse class action lawsuit, Karlin Opportunity Fund, Karlin OP, Medical Research Foundation Trust, Alya Michelson, Alya Gold, Alevtina Gold Michelson, Tina Gold, Alevtina Shchepetina, Alexander Shchepetina, Алевтина Щепетина, александр щепетин, sasha, ria novosti, USC, University of Southern California, Gary Michelson Center, Japanica, Russian mail order bride, T'n'G, test tube girl, smile, orel, russia, moscow, journalist, pathological liar, #deanflorez #foundanimalsorg #alyamichelson #20MillionMinds #drGaryMichelson #GaryMichelson #20MM #JAPANICA #Forbes #billionaire #infuse #lawsuit #classaction #usc * Disclaimer Legal disclaimer