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sentence and never has asked security guards to restrain a
taxpayer. Ms. Huss’s testimony was clear, explicit, and entirely
credible.
With respect to petitioner’s statements that security
personnel had refused to allow her to leave the courthouse and
had acted on Ms. Huss’s orders, Steve Borak, senior deputy for
the U.S. Marshals Service, testified that the Court’s security
officers do not take orders from respondent’s counsel and that it
would “defy intuition” for security personnel to involve
themselves in the judicial process. Further, Mr. Borak testified
that no incident reports were filed at any point during the
Court’s February 2000 Phoenix trial session. Since security
personnel must file an incident report any time they are involved
with verbal confrontations or the use of force, an incident
report would have been filed if security officers had brought
someone back into the courtroom against his or her wishes.
Petitioner has failed to show that the stipulated decision
entered in this case was the result of fraud on the Court.
Petitioner has not shown that Attorney Erin Huss or any security
personnel engaged in any improper actions in the handling of
petitioner’s case. The record establishes that petitioner’s
accusations of fraud on the Court are without merit.
For reasons set forth above, petitioner’s Motion is denied.
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Last modified: May 25, 2011