it breeds contempt for the law; it invites every man to become a law unto himself; it breeds anarchy.
(Olmstead v. United States (1928) 277 U.S. 438, 485; Brandeis DISSENTING OP.)
A BRIEF TIME LINE
To keep me from attending the meeting, on January 27, Kent Robins, Board President, James Hooten, Vice President, and Jose Liceaga, Treasurer called the police and had me falsely arrested by fabricating a story that I had tried to run over them with my automoble. (This case was later dropped, and closed by the police.)
MAY 15, 2006: I was challenging a void on the face restraining order of Assemblywoman Bonnie Garcia, ( INC 043179, Riverside County Superior Court; Indio, CA ) was arrested and booked and was supposed to be released. Instead I was locked in a 3X3 steel cage by Corp Erdralin where he continued to provoke me, calling me names, laughing at me, reminding me of my complaint about Maggie Beviens, and denying me my heart medication. I was transferred to JFK hospital, but was battered by transporting deputies and there is a doctors report that documents my injuries when I was dropped on my knees in the parking lot. I filed another complaint with the Sheriff's Office. These deputies had "a deliberate indifferance to my serious medical condition" Esterrle v Gamble (1976) 429 US 97 50 L Ed251, 97 S.Ct 285
JUNE 8, 2006: I was falsely arrested by District Attorney Investigator Rich Twiss on my way into court to dismiss a void on the face restraining order by Gold Coast Management ( Trylson v Stephens INC057008 Riverside County Superior Court, Indio CA ) The judge had already agreed to dismiss the case; it was void! I was supposed to be booked and released so that I could return to court to have my case heard. Instead I again fell into the hands of Corp. Maggie Beviens who refused to allow me any phone calls [I was not allowed a phone call until June 22] I reminded Corp. Beviens that I would file another complaint against her. She just laughed stating she had read my complaint, and locked me in a cell with no phone.
Charges were filed against me: INF054715 Riverside County Superior Court, Indio, CA.
It has been noted: An unethical, overzealous District Attorney is the most powerful and dangerous person in the court room. He can make, break or ruin a person's life.
Deputy District Attorney, Kristi Elise Belcher, and Deputy District Attorney James Michael Graff-Radford both participated in prosecutorial misconduct, and a vindictive prosecution doing nothing to promote justice, or to have a fair trial. They filed a sham case, and even fraudulently concealed evidence from the court and the defense attorneys: They had a thirty-page document that had been given to them by Detective DeVeares of CCPD regarding the car incident in Shadowcrest; CCPD had closed the case! They knew that in the Liceaga case I was provably the victim; his own witness testified against him in the police report. Still the District Attorney went forward trying to prosecute me for that case. That is malicious prosecution, and, wilful misconduct -- deliberate disobedience to the law -- with knowledge that such will result in harm, with a wanton and reckless disregard of the consequences.
The role of the prosecutor differs significantly from that of others who practice law, including criminal defense lawyers. A Prosecutor is held to a standard higher than that imposed on other attorneys because of the unique function he or she performs in representing the interests, and in exercising the sovereign power, of the state. ... the prosecutor represents “a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.” (Berger v. United States (1935) 295 U.S. 78, 88.)’ ” (People v. Hill (1998) 17 Cal.4th 800, 820.) “Prosecutors have a special obligation to promote justice and the ascertainment of truth. ... ‘The duty of the district attorney is not merely that of an advocate. His duty is not to obtain convictions, but to fully and fairly present... the evidence...’ ” (People v. Kasim (1997) 56 Cal.App.4th 1360, 1378.) “The prosecutor’s job isn’t just to win, but to win fairly, staying well within the rules.” (United States v. Kojayan (9th Cir. 1993) 8 F.3d 1315, 1323.) As an officer of the court, the prosecutor has a heavy responsibility… to the court and to the defendant to conduct a fair trial… (United States v. Escalante (9th Cir. 1980) 637 F.2d 1197, 1203.) Fraud by District Attorney: Fraudulent use of process -- using legal process for fraudulent purposes such as attempting to enforce a judgment on a fictitious claim. 1 AM J2d Abuse PSS 9-12. To be continued in formal complaint...
After my ordeal in Indio Jail I was transferred to County Jail in Riverside. After an hour drive, when I arrived I could not exit the transport van immediately and told the deputies I was suffering from angina. (I have had open heart surgery) I was pulled from the van and hit my head and neck on the ground, pulled up and forced to run down the hall to a rubber cell, with no water and no toilet paper, stripped of my cloths, and left there for about ten hours. I was not given any medical treatment.
JULY 8, 2006: (Video taped) Again I was battered by Corp. Maggie Beviens, Sgt. Levin, Deputy Sada, and Deputy Rodriquez, when forced into the back of a transport van with no air conditioning. The temperature outside was 119 degrees. I was driven for over an hour back to Jail in the City of Riverside, and when I arrived I had to be transported to Riverside Community Hospital for angina and heat related stress, and remainded in the hospital for four days. There were no other passengers in the van and I could have been placed inside of the air-conditioned area.
The Public Defender's Office was well aware of these abuses and did nothing to help.
AUGUST 21, 2006: (Video taped) I fell down and hit my head. I lay handcuffed on the floor, but was refused medical help from nurse. Handcuffs too tight. Continued to knock on door, but was ignored. Finally I was literally slammed into a Restraint Chair and put into a cell. The handcuffs and straps were so tight I was screaming; they left huge bruises on my arms and legs. (Deputy Staggs from Riverside Jail was a witness and took video.)
SEPTEMBER 22, 2006: (Video taped) I was placed in Black Box Handcuffs, unable to move, from 8:00 AM until 4:30 PM, and was placed in an Attorney Conference Booth and was denied use of the toilet, water and medical help for angina. I had terrible bruises on my wrists and arms. Penal Code 673
FEBRUARY 2, 2007: (Video taped) Deputies, under the direction of Sgt. Levin, and Corp Erdilin locked me in a filthy, dirty, freezing cold basement cell while I was in a spit-mask and mittens restricting my use of the toilet and the water fountain. I repeatedly told the deputies that I was very ill with diarrhea and needed to use the toilet. They refused to come to my aide and I defecated in my pants. The deputies laughed and still refused me any help. There is no need to keep an inmate in a spit-mask and mittens while they are detained in a locked solitary cell, but this happened to me several times. "Prisoners may not be subjected to 'cruel, corporal or unusal punishhment" Fergusen (1961) 55 cAL 2D 663, 12 cAL rPTR. 753, 361 p2D 417
My entire time, over a year, in Riverside County Jail was spent in 24 hour a day, solitary lock-down. "All inmates are to be allowed at least 2 1/2 hours of recreation outside, a week" (Inmates of Riv.Co. Jail Indio v Ben Clark, as Sheriff and Appeal. 144 CAl App. 3d 850; 192 Calk Rptr. 823; 1983 Cal App - Lexis 1877 No27464)
I believe I was subjected to this cruel and inhumane treatment in jail because I made complaints about these deputies to the Sheriff's Department. I have copies of all the written complaints I made while in jail -- they were never answered.
To be continued...