TK CONSULTING ENGINEERS
7621 SPICEWOOD SPRINGS ROAD
AUSTIN, TEXAS 78759
512-219-1574
tom@tkaustin.com
Senator John Cornyn Sept. 12, 2020
517 Hart Senate Office Bldg
Washington, D.C.
20510
Senator Ted Cruz
Suite SR-127-A
Russell Bldg
Washington, D.C.
20510
Congressman Michael McCaul
2001 Rayburn House Office Bldg
Washington D.C.
20515
Rep for 7621 Spicewood Springs Road, Austin 78759
Congressman Lance Gooden
425 Cannon House Office Bldg
Washington D.C.
20515
Rep for Carol Kam at 9039 Santa Clara Dr, Dallas 75218
RE: Culture of Cover in the Federal Court System [cultureofcover.com]
Dears Senators and Congressmen,
I have spoken with all but Carol’s Rep, Lance. He will now be plugged into the problem and hopefully the solution.
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As a brief recap., our Family experienced a significant issue of corruption in the Dallas Probate Court System from 2011 to 2015 in my Father’s Case, Charles J Kam who passed in 2012, and my Brother Robert Kam, who passed in 2011.
The instigation of the misconduct was triggered by the Dallas Probate Court’s cover for a Dallas Probate Attorney David Pyke, who was not employed by my deceased brother or father yet managed to insert himself into the two estates. A more detailed review of David Pyke’s incompetence, ineptitude and misconduct is on the website, “culturof cover.com”.
Dallas Probate Judges Michael Miller, John B Peyon Jr, Chris Wilmouth and Margaret Jones Johnson all participated in covering for the misconduct ineptitude, and incompetence of David Pyke and then Margaret Jones Johnson took it a step further to cover for former / disgraced Associate Judge John B Peyton Jr..
At this time, Chris Wilmouth is no longer a Judge as he lost his re-eelction effort. Michael Miller was killed in a mysterious “scooter” accident on Abrams Road in Dallas several years ago after he lost his re-election. John B Peyton Jr has been removed as a Judge as the State of Texas has deemed him to be incompetent to be a Judge and Margaret Jones Johnson is under consideration by the State Judicial Commission to be removed and or disciplined for her incompetence.
Ten days prior to Robert Kam’s passing in 2011, David Pyke illegally modified Robert’s active irrevocable Trust at the sole direction of his client, Robert’s girlfriend, who added her children as additional heirs and awarded herself a greater portion of the inheritance 10 days prior to Robert’s passing after a long battle with Pancreatic Cancer, Glaucoma, Liver, and Kidney Failure.
My sister, Carol, is an unquestioned heir for an undisputed amount of money from my brother’s estate in 2011 when my brother passed, and became very vocal about the ineptitude, incompetence, and misconduct of Attorney David Pyke after she researched the last minute secret revisions to the active irrevocable Trust
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“Beyond Stupid” David Pyke then instructed the Trustee not to pay Carol her rightful inheritance and she joined our Nephew’s suit to void the illegal work by Pyke.
Seven days prior to the trial, in an ex parte meeting, a deal was cut between the defense attorney, Judge Miller, and Associate Judge John Peyton to have John B Peyton Jr step in to cover for Pyke’s incompetence, ineptitude and misconduct.
John B Peyton Jr. was an Associate Judge who entered the Courtroom in July and October 2013, without an Order of Referral from the court which is required by State Law. He did not have authority to be in the courtroom.
In 2013 John B. Peyton Jr, denied my sister Carol her inheritance of $10,000 from my brother Robert and he charged her court fees of $226,000 as she was vocally critical of the ineptitude, incompetence, and misconduct of David Pyke.
Both of Peyton’s proposed Orders were never signed by the Judge of Record per an ex parte agreement between the Judge of Record at the time, Miller and the defense attorney. Miller was up for re election and did not want any perceived involvement in the “Deal” to protect Pyke’s ineptitude, incompetence and misconduct.
Peyton denied the critical deposition of a “pediatrician” who Pyke claimed was in his Office and had first hand medical knowledge of Robert’s Capacity.
David Pyke inserted himself into our Father’s modest estate, $60,000 at the time of passing], in order to wipe it out to punish the family for exposing his ineptitude, incompetence, and misconduct in my brother’s Case. Fortunately this case was sent to the El Paso Appeal court as the Dallas Appeal Court, at that time, was the go-to place to provide cover for Dallas Probate Court misconduct in prior and subsequent cases, was full at the time. The El Paso court saw the Pyke Scam and reversed the ruling in that case against Carol which the Texas Supreme Court failed to accept for review. Pyke was however. successful in severely reducing the ultimate value of our Father’s estate.
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Multiple State courts, including the Texas Supreme Court continued to cover for the misconduct of David Pyke and John B Peyton Jr. into 2017 claiming that the ruling on Carol was logical [even though the defense never claimed or pleaded that Carol was not a valid Heir for a fixed benefit], that Peyton had jurisdiction [even though no valid order ever existed] and the Orders on Carol were valid [even though the Orders had never been signed by the court as required per four separate sections in the State Government Code written at the level of a fifth grader.] All the state Courts simply and conveniently ignored all the pleadings by Carol that she was denied the right to depose the Pediatrician.
Carol then took the Case as a Civil Right Violation of her right to a Fair Trial to the Federal courts against the State of Texas, Dallas County, and a personal suit against John B Peyton Jr as he failed to have immunity as he did not have permission to be in the courtroom. Starting with the Dallas District Court, where she was denied a requested Jury Trial, the New Orleans Appeal Court and then the U.S. Federal Supreme Court, she was denied relief solely based on the Rooker Feldman Doctrine which is not a Statute but solely a Court instigated position never approved by any Legislature.
The Rooker Feldman Doctrine is simple in that it claims you can not take a VAILD STATE ORDER to a Federal Court for relief. The Doctrine does NOT prevent taking the denial of one’s Civil Rights to a fair trial by a state Court system.
By multiple Federal Statutes, the Federal Courts are the correct Venue to address the denial of a Citizen’s Right to a Fair Trial in accordance with State Law.
The Federal Court System’s Application of the the Rooker Feldman Doctrine is completely without logic and merit as Carol clearly showed by actual Court records that there was no valid Order for Peyton, an associate Judge, for either hearing. Without authority any ruling made by Peyton can not be a valid State Order, as required to impose the Rooker Feldman doctrine. The Judge of Record never signed off on any of the proposed Peyton Orders to set the effective date as required by 4 separate sections of the Texas Government Code, that is written at the level of a fifth grader. Without a sign off, there is no valid State Order, as required to impose the Rooker
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Feldman Doctrine. Any pleading that the Rooker Feldman Doctrine applies to invalid state orders produced by an individal without authority is pure fantasy. The Federal Courts simply ignored the denial of Carol’s Right to depose the Pediatrician who Pyke claimed had first hand knowledge of our brother Robert’s medical condition at the time the illegal amendments were made by Pyke to the active irrrevocable Trust.
Carol’s presentation to all the Federal courts was complete and comprehensive providing all court and additional applicable documents related Peyton’s absence of authority, illogic of ruling, the absence of Court sign off, and the denial of the Deposition to a critical Medical witness.
The State, Dallas County and Peyton Jr. never even addressed the absence of logic in the verdict, the absence of the court sign off on the proposed rulings and the denial of the deposition of the Pediatrician. These were uncontested violations of Carol’s Civil Rights that the Federal Court simply ignored.
Each and every Federal Judge who addressed Carol’s Case at the District and Appellate Court level is a well qualified and well respected Juris within the Legal Industry. They did not make a mistake, they were not confused, and Carol provided a complete and comprehensive set of applicable documents, statutory Law, and Case Law, through the entire case. Their rulings to Cover for John B Peyton Jr and to deny Carol’s Civil Right to a Fair Trial was calculated and intentional. They were all well aware of Peyton’s lack of authority per State Law, the absence of a Court sign off per State Law, the complete absence of logic in the Peyton Rulings, and the malicious denial of Carol’s right to depose the Pediatrician.
The Federal Court could not find any deficiency in Carol’s presentation, could not find Statutory Law to deny Carol and chose to rely on a court created Doctrine to “blow smoke” on Carol even though they knew it was not and could not be legally applied. They simple and respectfully provided courtesy professional cover for the misconduct of John B Peyton Jr. [whom the state has since deemed incompetent to be a Judge.] While these rulings show a complete disregard for the law that they took an oath to uphold, they do show great solidarity of the protection to another Judge which will insure great respect and praise for each of them within their legal industry.
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After the failure of the Federal court system to address the denial of Carol’s Civil right to fair trial, Carol went back to a State District Court who acknowledged that the prior Courts failed to follow law but the District Court expressed concern of authority to address misconduct, illegality and incompetence in a Probate Court. The State District Court encouraged Carol to go back to the Probate Court and an Appeal Court a second time, if required, as the law was clearly on Carol’s side.
Carol went back to the Probate Court, who again ignored her, and then Carol filed another Appeal to address the same unresolved issue in her prior Appeal. This time the Dallas Appeal Court, with a new set of Judges than 2016, finally acknowledged Carol, was correct all along and that
the Peyton Orders were not valid State Orders and were actually unappealable per State Law. [See attached] The Dallas Appeal court reaffirmed this in three separate rulings from April to June 2020. After the first Dallas Appeal Court Ruling in Carol’s Favor in April, the Dallas Probate Court then admitted their mistake and Margaret Jones Johnson issued an Order signing off one one but not the second Proposed Peyton Order.
The Texas Government Code requires this sign off to be within 30 days of the Associate Judge’s Order and the Dallas Probate Court took SEVEN YEARS to acknowledge their error, which has cost Carol, the State of Texas and the Federal government an estimated one million dollars. The Dallas Appeal court then Ruled that the Dallas Appeal court effort was too little too late and the Proposed Peyton Orders have no value.
The opposing side has now taken this back to the Texas Supreme Court, but what can they do? Peyton clearly did not have authority to be in the courtroom. The Court clearly failed to sign off on the proposed Peyton Orders in accorDance with four provisons of state law, written at the level of a fifth grader. The Dallas Appeal Court has addressed the deficiency in three separate rulings after reviewing 600 pages of Court records, pleadings and documents, and the Dallas Probate Court has now admitted their prior error and failure to follow the State Law.
The State Supreme Court now has to address a broader legal issue. How can the State court system save face and self correct its own now admitted prior mistakes to ignore state law by covering for misconduct by multiple Judges
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in a State Probate Court in a manner which has unfairly and maliciously devastated an innocent Texas Citizen.
All of the Federal Judges who addressed Carol’s Case are extermely well educated and I am certain that they have impeccable personal integrity. The evidence that Peyton failed to have jurisdiction, the absence of logic in the ruling, the denial of Carol’s Right to depose the Medical Export announced by Pyke in a case revolving around capacity, and the failure of the court to sign off on a proposed ruling to create a valid State Order are “black and white”.
We have no need and are not asking you to address any “legal issue” as this is now resolved solely through Carol’s persistence and her inabilty
to accept rulings by State and Federal courts not in accordance with the Law.
The Federal Court should have been on this “like white on rice” and Carol should not have had to take this back to the State Court a second time over a nine year period.
Carol will be soon taking this back to the Federal court sytem to seek compensation of what will be “10 years of hell” maliciously imposed on her by a “crooked judges” in a State Court system from 2011 to 2017.
She and the rest of this Country need to know who does not have judicial integrity. This county needs to know who provides Courts of Law and who provides Courts of Cover.
We know the following Federal Jurists at the District and Appeal Courts do NOT have Judical Integrity and these will be recognized, as required, in the “cultureofcover.com” website for all Americans.
Dallas District Court
A Joe Fish
Sidney Fitzwater
New Orleans Appellate Court
Case # 18-10735 Kam v Dallas County / State of Texas
Page Seven
Carl Stewart
Priscilla Owen
Andrew Oldham
Case # 18-11657 Kam Vs John B Peyton Jr
Edith Jones
Stephen Higginson
Andrew Oldham
We do not however, have the names of the individuals in the Supreme Court who covered for John B Peyton Jr. [a judge the State of Texas has deemed to be incompetent]. We have repeatedly asked Scott Harris, clerk at the Court, to provide this information to me so I can post on the website. To date he has failed to do so.
I assume that this government maintains an open court system so the citizens of this country know who understands the law and follows it and who does not. If we do not have an open court system, please advise.
The denial to accept Carol’s Case against Dallas County, the State of Texas and John B Peyton Jr, is a very significant ruling by an individual or a collection of individuals in the U.S. Federal Supreme Court. It was not made by a computer or some type of random lottery system.
Scott Harris is taking a position that Carol has no right to know who, if any person, or persons within the Court made the ruling denying her petition, denying her civil rights, and covering for Dallas Probate Judges. We have repeatedly asked Scott Harris who has failed to respond.
FORMAL REQUEST #1
Our family is now asking you to ask the Supreme Court to provide you and I with the names of who at the Federal Supreme Court Level who chose to deny Carol’s Petitions in both the suit against Dallas County and the State of
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Texas and the personal Suit against John B Peyton Jr [A judge the State of Texas has deemed to be incompetent].
This Country needs to know who at the Supreme Court has Judicial Integrity and who does not have it.
FORMAL REQUEST #2
Introduce Legislation to require “AI” [Artifical Intelligence] into the court system to make it more objective and / or an independent citizen panels to be set up to address issues brought about by Judicial misconduct to avoid the potential for historical cover within the legal industry.
There is no request for you to be involved in any legal issue.
Our Father was a decorated Army officer in North Africa, Sicily, Omaha Beach, and the Battle of the Bulge. Our mother was an officer and nurse in Patton’s Army during his European campaign. We are strong and persistent Americans and we have not, and will not stop until all courts follow the law that our parents fought to uphold and that all Courts are open to all citizens and not a private club to provide cover for their members. I trust that each of you share this position. If you do not, let me know.
I have started the “cultureofcover.com” Website to document the failures in the State and Federal Court systems for the benefit of all citizens. I trust that you will each be a contributor to exposing the current culture of Cover in the Federal Court system.
I promise to make all citizens aware of your efforts to remove this dark cloud that has developed over the years in the Federal court system.
Feel free to call me with any questions.
Sincerely,
Thomas Kam P.E.
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Cc: Carol Kam
Cheri Kam
Cindy Montano
D Magazine
Texas Monthly Magazine
Denna Shaw
Cockle
Scott Harris*
Supreme Court of the United States
One First Street N.E.
Washington, D.C.
20543
Dallas District Court*
1100 Commerce St
Suite 1452
Dallas, Texas 75242
New Orleans Appeal Court*
600 South Maestri Place
#115
New Orleans, La.
70130
*The Dallas Appeal Court have reversed their earlier ruling and the Dallas Probate Court stepped up to admit that they denied Carol a valid Order.
As the Federal Courts are copied on this, let all Americans see if one or more of the Judges noted have the integrity and courage to step up and correct their prior decision to deny Carol her Civil right as the State of Texas has now admitted. I will keep all informed.
Quoting Culture of Cover website:
There can not be a greater failure within a government legal system and a corresponding loss in confidence by society in that system than a Judge, using the sanctity of a Court, to intentionally and maliciously crush an innocent citizen in order to protect the gross misconduct and illegal behavior of another Judge.
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