ABUSE BY RIVERSIDE COUNTY SHERIFF'S DEPARTMENT

With the help of Riverside County District Attorney

Crime is contagious. If the government becomes a law-breaker,
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

Most of this abuse is documented on video tape by the Sheriff's Office

For several years I had been battling with my homeowners' association, Shadowcrest HOA over abuses of power by board members, illegal use of CC&Rs, misuse of funds, and harassment of women and children.

On January 28, 2006 there was a scheduled open homeowners meeting that I was planning to attend with the intention of continuing to speak out about what I was observing.

All of the association board members had requested, and received bogus, void on the face restraining orders with the intent to keep me out of board meetings. I was, and I am still in the process of fighting these orders in court. All restraining order must meet statutory, legislative criteria to be granted, and may be challenged. They may not be used to keep homeowners out of open board meetings. The Riverside Superior Court in Indio hand these out with no regard for the law, or the consequences to people's lives.

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.)

JAN 27, 2006: I was arrested and taken to Riverside County Jail, Indio, CA. I needed, but was denied medical treatment for angina by Corp. Maggie Beviens. So, I scratched my wrist with my fingernail in hopes of getting treatment. Instead I was stripped of all my clothing, strapped down in a Restraint Chair for more than an hour and then locked in a filthy dirty, rubberized dry cell for twelve more hours, and then transferred into a total lock-down cell, in twenty-four hour isolation, for four days. I was released when it was decided the case needed more investigation. I filed a complaint with the Sheriff's Office, and with the District Attorney in Indio. I received no response. The Riverside County District Attorney has refused me any help since I won a four-day criminal trail against Deputy District Attorney, Archi Wong, as a pro per as a pro per. (CASE: INM 089407, Indio Superior Court, California, 06/10/1999 )

Solitary confinement of inmate in dry cell to punish for self-inflicted wounds is unconstitutional. Hancock v. Avery (M.D. Tenn 1969) 301 F. Supp 786, 791)

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.

When I insisted on medical treatment for angina she refused and instead was strapped into a Restraint Chair and placed into a rubberized dry cell for over an hour. When I was pulled out I had an outbreak of hives due to nerves and I began to scratch my arms and was immediately strapped back into the Restraint Chair, with Maggie telling me I was inflicting these hives on myself, again placing me in the dry cell for another hour. During this time I was not allowed to use the toilet, and was given no medical treatment for my ongoing angina attack, nor any water, and refused any toilet use. That was two hours without any toilet use, no water and no medical treatment for angina -- for what was called self-inflicted wounds.

When I was pulled out by Corp. Erdralin, and while still strapped down, after calling me a "cunt" he immediately began to provoke and mock me by laughing in my face, and pointing at me. I felt like an abused powerless animal, and was in fear that he would harm me. In self-defense I spit on him. I was in a lot of pain from being strapped down for two hours and emotionally under a great deal of distress from the hives, and having to urinate on myself. I had a psychotic break with reality. The Court of Appeal has held that "offensive conduct" means "behavior which has a tendency to provoke others to acts of violence..." People v Cohen 1 Cal. App. 3d, at 99-100, 81 Cal. Rptr., at 506. "...provocation maliciously to bring about harm if resisted, which is likely to lead to retaliation." Foutch v State 95 Tenn 711, 34 SW 423

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.

JUNE 29, 2006: I was battered again by Corp. Maggie Beviens while deputies stood in a tight circle around us to hide from video camera. She twisted, and twisted my wrist as I screamed in pain and she ran her other hand over my breasts.

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.

AUGUST 16, 2006: I contracted a staph infection in which I broke out in boils on my buttocks and legs. I laid on the floor of my cell from 12 noon until 9:00 PM, with the dry heaves, unable to get up. Lt. Wilshite and his deputies refused to get me any medical treatment. It was days later that I saw a doctor and finally given antibiotics, but was never transfered to the hospital. It was determined that it was Methicillin-Resistant Staphylococcus Aureus, or MRSA, that is highly contagious and resistant to medication. "A prisoner has a constituional right to medical care... to allow any lack of care whatever is a crime" People v McMillan (1941) App Dept. Sup Ct 45 Cal App 2d Supp 821m 114 P2d 440); Penal Code 673

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...

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