Hawaii Federal Court Corruption Part 8 Federal Judge Dilemma-Duty or Consequences

Update: 9-19-2018

On May 22nd 2018 the 9th Circuit Court of Appeals denied a request by detective Benish for circuit court intervention into Federal Judge Seabright’s court, District of Hawaii alleging the squashing of a Federal Grand Jury.

“In the event of my death , possibly the people mentioned here may have had something to do with my demise.”

Update: On March 7th, 2018 the 9th Circuit Court accepted the Motion to Intervene by Det. Benish and assigned docket # 18 80032.  We wait for Seabrights response.

March 7 2018 motion to intervene acceptance letter

Its been 34 years since seven year old Tracey Neef was found dead, lying in a ditch along a paved road in the foot hills of the Rocky Mountains. She had been abducted while walking to school in Thornton Colorado.

Tracey Neef & younger brother
Aaron Schonlau 1993

Its been 25 years since four year old Lacey Woolsey Ruff was murdered in Kauai Hawaii. She was found lying at the bottom of a deep sea crevice in the Pacific Ocean near Inini Beach Kauai. A man was sentenced to life imprisonment for the crime. He was turned into the police by his older brother who claimed that he was witness to a confession made to him. He said it was his younger brother who committed the murder.

It’s been 25 years since Detective Benish interviewed Todd Schonalu as an person of interest in the Tracey Neef murder. Schonlau didn’t want to talk about the Neef murder back then but talked and bragged about his involvement in the Lacey Woolsey Ruff murder. He claimed it was he that solved the case. The Detective didn’t know then how important this interview would become.

Todd Schonlau 1993

It’s been six years since the admitted killer of four year old Lacey Woolsey Ruff had been drinking in a small town in Oregon and said to his girlfriend, “I took a little girl in Kauai into deep water but she wouldn’t sink so I came back out and put a cinder block in her panties and took her back out where the sharks would get her.”

It’s been six years since the Colorado detective interviewed Aaron Schonlau in prison.

Lacey and mother Tracy

It’s been six years since Colorado detective Jim Benish gave this information to the Kauai Police Department. It’s also been six years since Kauai Police Sergeant Asher said to Benish, “The Chief said we are not interested in your information.”

Soon after the Kauai Police refused to re-open the Lacey Ruff case Benish contacted the Hawaii US Attorney, and the Kauai office of the FBI and relayed the information he had received about Todd Schonlau’s confession. Both agencies were not interested. There is a common link in both of these murders. Todd and Aaron Schonlau. They were both nearby when each of the two murders of little girls were committed.

Todd sold out his younger brother Aaron to keep himself free. Todd is a pedophile who has a history of sexual abuse of children. Todd’s younger brother, Aaron, had a Schizoaffective disorder since he was a child. He hears voices and requires medication to bring him down to earth. Aaron relied on his brother Todd to help him determine reality.

The Kauai Police didn’t care about Aaron’s mental disabilities. They interviewed him anyway despite the fact that he asked for an attorney five times. They didn’t care about the fact that it was Todd who was wearing the same clothing worn by the person seen by three witnesses carrying a child into the Ocean. They didn’t care that it was Todd Schonlau who knew where the body of the baby was placed and showed them where. They arrested Aaron not Todd Schonlau. And they kept the exculpable evidence from the Judge that handled the case.

It’s been three years since Federal Judge John Michael Seabright refused to process Detective Jim Benish’s murder investigation evidence and affidavit on the Ruff case to a Federal Grand Jury.

John Michael Seabright

Detective Benish could not understand why these police agencies were not interested in opening up the Neef case and furthering the investigation until he obtained the entire police report via the Freedom of Information Act and the actual court records. He discovered that the entire police investigation on the Ruff murder was flawed and riddled with violations of Federal Law. Their investigation culminated with the presentation of a fraudulent probable cause affidavit for the arrest of Aaron Schonlau to the Kauai Prosecutor who presented this document to the Court. It’s likely that the Prosecutor knew of the flaws and lack of probable cause when the documents were filed with the court because two years later the Prosecutor’s office ordered the Kauai Police Department to destroy all evidence obtained during the investigation.

Benish began digging more. He called and spoke to witnesses. The word began to spread in Hawaii that he was looking into the Ruff case. People began to contact him asking for his help. They alleged corruption in the Kauai Police Department as well as the Kauai Judicial. He looked at each one and discovered that they all had good enough cases to be submitted to a Grand Jury. It became obvious that some kind of cover up was going on in Hawaii and involved State and Local police and prosecution agencies.

As Detective Benish kept digging and talking to victims the grease began to rise to the top of the pot.

The FBI was involved. The Hawaii Department of Justice was involved. The Hawaii US Attorney was involved, the Kauai Courts, police and prosecutors were involved. There were threats made to victims warning not to speak to Benish. There was big money involved. The Hawaii Community Foundation and Hawaii Banks were suspect.

Paul Sulla Jr.

Dr. Leonard Horowitz and Sherri Kane, had their property stolen by an attorneys’ Paul Sulla, and Daniel O’Phalen and they were enabled by Hawaii State Courts. Stewart Title Company conveniently did not report the existence of Federal tax liens on the Horowitz property when purchased. Sulla represented the seller then. Sulla’s fraudulent paperwork that was presented to the court in the Horowitz case was acknowledged as fraudulent by the court yet the court allowed the thievery to continue with no criminal charges filed.

Dan O’Phalen
Nancy Budd

Nancy Budd and her colleague, Katherine Jones Lloyd were also involved in the theft of property and estate funds in other victims cases. The estates of two deceased victims, Mr. Stahley and Mr. Zedalis who suddenly died, were legally snatched from the families and funneled into the Hawaii Community Foundation and the pockets of Paul Sulla. Sulla’s colleague lawyer Daniel O’Phalen. O’Phalen is under investigation for raping another victim’s relatives. Lloyd seemed to be immune because her husband, Hugh Jones, was with the Hawaii State Attorney office and was in charge of estate fraud. Of course Jones claimed his wife Katherine was innocent of all allegations. Mr. Dan O’Phalen in addition to assisting his colleague Paul Sulla in illegal activities has a unique MO. He represents clients who have access to inheritances and then enables the opposing lawyers to prevail by doing nothing for his clients.  Failure to present necessary documents to the court and actually not showing up in court to represent his clients. O’Phalen is not above committing other crimes. He is currently  under investigation for raping one of his clients. Paul Sulla has been guilty of presenting fraudulent documentsto a Judge.

Hugh Jones-Lloyds spouse
Assistant HIU AG
Katherine Lloyd

Benish reasoned that there could not be a re opening of the 1993 murder case without the probability that the investigation would reveal corruption committed by the local Kauai Police Department and the Prosecutor.

What then, would a Federal Investigation threaten them all? Would the money laundering be exposed? Would important influential persons be revealed and possibly prosecuted?

Yes that would likely happen if a Grand Jury was doing the investigation. Benish had to be stopped and Judge Seabright would do it.

On December 10th 2015 Benish sent documents to the Federal Court District of Hawaii. Seabright’s court. He asked for a Grand Jury Investigation. Seabright’s court responded with a denial of his request and threatened to dispose of the documents. Benish fought back. He telephoned the Court and spoke with Seabright’s head clerk, Lian Abernathy, a former Justice Department employee. Abernathy told Benish the reason his request could not be processed was based on a general opinion. General opinion? Benish asked. “By whom?” There was no response to this question from Abernathy.

Lian Abernathy

Benish sent a personal email to Seabright reminding him of the fifth amendment to the US Constitution and Rule 6. Seabright’s court responded with a voice

from Lian Abernathy. Benish’s documents were to be forwarded to the Grand Jury after all.

But it wasn’t true. There was a scam on the horizon. The Court told everyone that inquired that there was in fact a Grand Jury involved in Benish’s request and the Court even denied access to court records because of Grand Jury involvement. But Benish suspected otherwise.

Benish kept the pressure on. He went public and revealed all of the details of this effort on the internet. He kept pressuring Seabright’s court to prove there was Grand Jury involvement. Benish knew that after a year there should have been reports of interviews and requests for records coming from the Grand Jury and there were none. Finally on April 20th, 2017 Abernathy admitted that the documents were not given to the sitting Grand Jury. But, she said, “I did contact the US Attorney and told them about your documents, but I don’t remember who I spoke to.”

Benish contacted the US Attorney and the FBI again. Both agencies dienied any such communication with the Seabright court.

In November of 2017 Benish filed a formal complaint against Judge Seabright with the 9th Circuit Court of Appeals. Head Judge Thomas found Benish’s complaint unfounded. Benish surmised that it was probably a court clerk who reviewed his complaint. He didn’t think any judge would read the complaint and review the evidence and then find the complaint unfounded. {Now under appeal}

Judge Sidney Thomas
Chief Judge 9th Circuit

But a profound statement surfaced as a result of the complaint.

Seabright answered the complaint in his defense. He made an incriminating statement. He said he could not give Benish’s documents to the Grand Jury without first getting approval from the Justice Department. Seabright himself could not place all the blame on his clerks. He knew about everything. Benish knew Seabright’s actions were a violation of the Fifth Amendment to the Constitution, and other portions of the US Constitution and even contrary to the United States Title 18, Crimes and Criminal Procedure. He also knew that Federal Obstruction laws might come into play.

On February 5th Benish filed a motion to the same 9th Circuit Court Judge Thomas requesting the the 9th Circuit intervene in Judge Seabright’s actions. He also asked the Circuit Court to establish two new Grand Juries.

Below=complete version. See “Clip for short version.

One a special Grand Jury to investigate corruption in the Department of Justice and the Hawaii Judiciary and a second to investigate the same allegations of murder and violations of the Federal RICO Act that were contained in the original affidavit filed with the Seabright Court.

What will the 9th Circuit court do with Benish’s motion? The motion was without a docket number because Seabright had squashed the original request for a Grand Jury. Would Judge Thomas’s court fall into this trap? Will the Court disregard a Citizen’s right to Grand Jury investigations?

Stay tuned.

Remember that President Trump is having a difficult time with some of the District Judges in the 9th Circuit too. Read the Motion to intervene and get your eyes opened as to the rights that US Citizens have and the power that the Justice Department and Judiciary do not have when confronted with Grand Jury investigations.

Hawaii Federal Court Corruption parts 1-9

Part 9  Part 8 Part 7 Part 6  Part 5  Part 4  Part 3  Part 2 Part 1

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