Sunday, January 20, 2008

BETRAYAL IN A BROKEN LEGAL SYSTEM

A WRITTEN COMPLAINT

TO: Bureau of State Audits
California State Auditor
555 Capitol Mall, Suite 300
Sacramento, California 95814

Case Number: W20080015

June 9, 2006: I was falsely arrested by Riverside County District Attorney Investigator, Twiss while on my way into court to have a provable void on the face restraining order dismissed, INC 057008 Trylison v Stephens, Riverside County Superior Court, Indio, CA. This invaled order was obtained by the perjury of a Gold Coast Management employee, Darlene Trylison, and a Shadowcrest HOA board member, Kent Robins. HOA attorney, Jan "Gen" Wangler also sat in court, I presume to defend the two against the Charging Affidavit for Perjury I had filed. The judge had already agreed to dismiss the case; it was just a matter of appearing in court. The order was void.The judge had already agreed to dismiss the case; it was only a matter of appearing in court.

The order was void!

Twiss
refused to let me go before the judge; instead he had me incarcerated in the county jail, with a $500,000 Bail, where -- documented in written complaints -- I suffered terrible physically and emotionally abuse, denial of medical treatment for a heart condition, and later, a deadly staph infection. With no advocacy and no one to protect me I fell into the hands of the Riverside County Public Defender's Office, Indio, CA and sent through the kangaroo-court process of a Preliminary Hearing where I was not allowed to speak, and neophyte attorney, Neil A. Harrison had no idea of how to defend me. Much of the case could have been resolved at this hearing based on the void on the face nature of the cases against me. Every person who testified against me committed provable perjury.

My case was then turned over to Attorney, Melanie Roe.

I would have done better to defend myself, but that was impossible in jail.

When Deputy Public Defender, Melanie Roe did not have time to review my case -- she never met with me, not once, nor did she even speak with me by phone even though I left her a message I had laid on the floor of my cell for hours and was refused medical treatment. Roe was working on a murder case, and in the process of protecting her image in order to advance her career, so, she simply had me committed to Patton State Hospital, stating I was incompetent to go to trial -- even though I had won a four-day criminal jury trial in 1999, INM 089407, People v Stephens, Riverside County Superior Court, Indio, California, as a pro per, and, as a lay-person, was well versed in court procedures.

Attorney, Melanie Roe called upon court-appointed psychologist Michael E. Kania, Ph.D., [he is paid to find FOR the court]. He spent just twenty [20] minutes on a Sunday, (double-time pay) talking with me in jail. He did no testing of my mental state, did not record any of my conversation in his report, or, look into any of my documented records for evidence of what I told him. He simply supported attorney Roe's request and recommended to the court for my commitment.

Once at Patton State Hospital I discovered that ALL fifty [50] of the "patients" in Unit 72 had been placed there under this blatant miscarriage of justice, commitment by their Public Defenders, for basically the same reason, "no time to work on their case!"

An attorney's professional responsibilities are set forth in Strickland v. Washington (1984) 466 U.S. 2668; People v. Pope(1979) 23 Cal.3d 412; and In re Alvernaz (1992) 2 Cal 4th 924.

State Bar of California Guidelines on Indigent Defense Services Delivery Systems (2005 – 2006) ...An attorney representing an indigent criminal defendant owes allegiance, first and foremost to his or her client. If the attorney cannot represent the client's interests, due to a conflict or otherwise, he or she must refuse the appointment, or immediately withdraw from the case.

The patients of Unit 72 spent the majority of the day going to multiple, useless, and often laughable, repetitious hour-long "classes" on how to recognize who is the judge, the jury, the public defender, the district attorney, etc., in a court setting -- something that can be learned in about a forty-five minute lecture! There is no "group therapy", no "private therapy" and no "assessment" of a person's mental condition, yet we were all labeled as "court incompetent" and often abused by seclusion, strong drugs, and/or restraint and denial of patients' rights, all at the cost to tax payers of about $1,500 a day.

While there I was physically attacked by another patient and even though there is to be a zero tolerance position against violence the person was never arrested and she went on to attack three more women. I did not receive any medical treatment, and my complaints to Executive Director, Octavio C. Luna, and other staff, including Patients' Rights went ignored, and unanswered.

The major statutory duties of the Office of Patients' Rights are contained in Cal. Welf. & Inst. Code §§ 5510, 5512, 5513, Title 9 C.C.R. § 864, and Title 9 C.C.R. § 868:

May 2, 2006: The U.S. Department of Justice Civil Rights Division; Special Litigation Section completed a investigation of Patton State Hospital, and notified Arnold Schwarzenegger, Governor of California:
http://www.usdoj.gov/crt/split/documents/patton_hosp_findlet_5-2-06.pdf

We found significant and wide-ranging deficiencies in patient care... Patton fails to provide a reasonably safe environment for its patients. Patient-on-patient violence is commonplace at Patton... Patients also are subject to adverse environmental conditions such as potential suicide hazards and the prevalence of illicit drugs. These problems are long-standing and serious... fails to adequately address inappropriate sexual contact among individuals served at the facility, including sexual contact between staff and patients. This issue, too, is long-standing. The harm that Patton patients experience as a result of these deficiencies is multifaceted, including physical and psychological abuse; physical injury; excessive and inappropriate use of physical and chemical restraints; inadequate, ineffective and counterproductive treatment; and excessively long hospitalizations. our investigation uncovered problems in three main areas of psychiatry: assessments and diagnoses, medication management. Psychiatric assessments and diagnoses at Patton substantially depart from generally accepted professional standards of care. Psychiatrists routinely diagnose their patients as having psychiatric disorders without conducting an adequate psychiatric assessment... we found the overall approach to ongoing psychiatric assessment reflects a lack of critical thinking and clinical inquiry. In many cases we reviewed, the psychiatrist failed to evaluate important developments in a patients condition that woulds suggest that the diagnosis assigned to the patient is not accurate... Patients are routinely prescribed inappropriate or unsafe medications without clinical justification... Shanetta Y. Cutlar, Chief of the Civil Rights Division's Special Litigation Section, at (202) 514-0195.

Still, men and women are being committed -- warehoused -- in Patton State Hospital by their Public Defenders.

It seems that in this time of economic-downfall in California, someone ought to be looking very closely -- investigating, and analyzing for further review these bogus commitments -- and considering a solution to this stunning WASTE OF STATE MONEY at PATTON STATE HOSPITAL, and by THE PUBLIC DEFENDER.

Also, the following people need to be investigated: Octavio C. Luna, Executive Director; Gary Hahn, Hospital Administrator; Joseph Malancharuvil, Ph.D., Clinical Administrator, and, other staff members who continue to manipulate, and file false reports, filled with lies and fabrications in order to continue and hold people for three to six months, some even longer -- in order to collect these huge sums of money from the State of California.

And, what about the people who fall victim to this remarkable unconstitutional violation of human rights?

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