A FORMAL COMPLAINT
TO BE MAILED, WEDNESDAY April 16, 2008
Riverside District Attorney, Indio CA
82-675 Highway 111,4th Floor
Indio, CA 92201
Assistant District Attorney, Sue Stetting
Deputy, District Attorney, Kristi Elise Belcher
Deputy District Attorney, James Michael Graff-Radford
District Attorney Investigator, Rich Twiss
RE: People v. Sharon Dale Stephens
TO: Whom It May Concern:
Chief of the Civil Rights Division's; Special Litigation Section;
950 Penn. Ave.; N.W.; Washington D.C. 20530
Congress shall make no law...abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances.'
FIRST AMMENDMENT OF THE UNITED STATES
I am 67 years old, a mother and grandmother, and have always been an asset in any neighborhood where I have lived. I have no criminal record. I have worked hard all of my life in jobs in social services where I have tried to be a help those less fortunate in society. I have worked as a case manager in battered women's shelters, shelters for the homeless, and as a child advocate.
When I bought my first home in 1996, along with my daughter Jeanine, my grandson Chris, and an elderly aunt, Beauchamp Everitt, it was in Shadowcrest Homeowners Association, 27135 Shadowcrest, Cathedral City, CA. 92234.
I approached the board: they didn't want to be involved; I approached neighbors -- they didn't want to be involved, totally ignoring their legal responsibilty: There is a legal duty, which every person owes to others - that is, a duty to refrain from conduct that imposes an unreasonable risk of injury on third parties. Lamden v La Jolla Shores Clubdoninium HOA (1999) 21 Cal.4th 249.
In her ignorance, Marie put the Riddles on her Deed. Almost immediately they stopped paying any share of the mortage, and eventually Marie would lose her home, be forced to move out, but the Riddles would continue to live there for over year -- not paying any mortage, or the association fees.
Finally, frustrated! I called The Cathedral City Police: I didn't realize that it would be difficult to get the police to offer the same services to me in a private corporation, a homeowners association, as they do to those which are not HOAs. Officer Glenn Haas, working with Neighborhood Watch, asked if I would begin to take down license plate numbers and give him the list. Naively I agreed, considering it the responsible thing to do, but not considering the consequences. I thought the police would protect me. I was wrong!
The police told us that just prior to moving into Shadow Crest Lolita Riddle was allegedly suspected of arson, Case: CIV089430 - RIDDLE VS. STATE FARM INSURANCE 05/24/1996 and her son “Eddie” had already been arrested, and spent time in jail for drugs, and attempted murder, Case: ICR20863 Indio, Superior Court, Defendant 14650 RIDDLE, EDWARD, 10/07/1994; Case: ICR22594 Indio Superior Court, Defendant 14650 RIDDLE, EDWARD, 06/15/1995, and was out on probation.
I continued to write down and turn in license plate numbers to the police. One night I was caught and my life, along with my daughter's, and the hardest of all, my ten-year old grandson's life was threatened; our lives became miserable, and still, after all of these years my grandson suffers emotinally from this horrible esperience.
On Thanksgiving Day, the John Weiser family, relatives to the Riddle family moved in next door, and began that very day to join them in the persecution of my family, gathering out front with open name calling. Later they also set out to join forces with the board of directors, against me, with John soon being placed onto the board as Treasurer. (John Weiser would later hit me with his car, while I was on foot; I received no help from the Cathedral City Police, the District Attorney, or the court on this incident.)
The board still refused to act, and so did the neighbors, who refused to even look out their window when drug dealing was going on right in the middle of the street, or at the community pool. The police were not helpful, and I complained about Officer Glenn Haas in particular, he had foolishly informed the Riddles that it was me who was helping him, and their threats became even more prevelant. He then sold out all of the homeowners in Shadowcrest with regard to down-playing the need for Neighborhood Watch, in order to enhance his own image with them.
My complaints against Haas, a popular officer, would prove to cause me great harm -- from him, and his fellow officers -- in the future. He slandered, and lied about me, in order to protect himself, and set me up to being thought of as crazy.
A private defense attorney told me, You complained against the 'Boy's Club' and they will get you! They certainly have!
I started a one-page newsletter, speaking out about what was happening in the neighborhood, and the lack of help from the board. The board then authorized the association Attorney, Wayne Guralnick and his associate, Attorney, Kendel Berke, (who would later become the Cathedral City Assistant City Attorney) to send several letters to me threatening a lawsuit if I continued to write and distribute the newsletter. However, I did know that the ACLU had taken a stand on this issue: It is probably no accident that freedom of speech is the first freedom mentioned in the First Amendment: Congress shall make no law...abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances. And, there is case law on freedom of speech at well. Smith v. Silbey (1983) 149 Cal. App. 3d 400, 406-407
Eddie was finally arrested for drugs and weapons a few weeks later, Case: INF027519, Indio Superior Court, Defendant 14650 RIDDLE, EDWARD 07/22/1997. But he only received a slap on the hand from a Deputy District Attorney, Archie Wong, and was soon back home. His drug dealing became more covert, his threats more frequesnt, and my ten-year old grandson was afraid to go anywhere in the community alone as the Riddles had openly said to him, We are going to hire a hit man to kill you! Although I made a police report, nothing was done.
Finally, months later, Eddie Riddle was again arrested, this time for burglary on a neighborhood home, and this time he was sent to prison. Case: INF029011 Indio Superior Court, Defendant 14650 RIDDLE, EDWARD NMN, 02/10/1998 The day he was arrested, his mother, Lollita Riddle raised her fist and shouted at me from across the street, I will get you!
Things were quiet for about a year, and then on a Saturday morning, as I returned from the store I noticed my grandson's BB gun in the trunk of the car. I also saw Lollitta Riddle watching me from across the street. I put the BB gun under my arm, and the plastic bags over my arms, and ignoring Lollita as I walked into my home to prepare breakfast for my family, and company that was soon to arrive.
Fifteen minutes later the phone rang and it was the police telling me come out with your hands visible. Lollita had lied, saying I had pointed the gun at her. Lollita Riddle then made a citizens arrest, I went to jail for the afternoon to be booked, and, a few months later I went into the Indio, California, Criminal Court, as a pro per, and conducted a four-day jury trial to defend myself. Every juror found me not guilty, and it was not because I did such a good job as a pro per in my defense, rather, it was because the evidence was so obviously in my favor, in spite of the blatant lies on the stand of Lollita, and her relatives, the Weiser family, and the presentation in court of doctored papers by the Deputy District Attorney, Archie Wong. Several jury members commented to me afterwards that they didn't understand why the case had even been brought against me. CASE: INM 089407, Indio Superior Court, California, 06/10/1999
Archie Wong, who knew the history of the Riddle family, having prosecuted Eddie Riddle more than once. After losing this case to me, he gave up his job with the Riverside County District Attorney, and moved to the San Francisco Bay Area. Today he is working for the San Francisco District Attorney.
TAKE NOTE: From the time I won this case, I have never received any help from the Riverside County Assistant District Attorney, Sue Steding, and there is proof that that Deputy District Attorney, Charles John Gianguzi Jr did conspire with C.C.P.D. Sergeant, Charles Robinson, -- who filed a provable false police report against me, and used it to falsely arrest me --and, my HOA board members to try and have me arrested on bogus charges. The judge threw their charges out of court.
The truth is, I picked up the gauntlet against the crooked Shadowcrest HOA association board, an irresponsible and corrupt Cathedral City Police Department including Chief Stan Henry, (who was sued by his own officers for civil rights violations!), Cathedral City Counsel, an unprofessional HOA management company, HOA attorneys, and even a dishonest assemblywoman, Bonnie Garcia all of whom figuratively and literally beat-me-up rather than take a stand against all the evil in my HOA.
I lost my home, my car and over $100,000, as well as over a year of my freedom in jail, and a state hospital where I suffered much abuse, all the result of the prosecutorial misconduct of the District Attorney's Office -- which includes: false arrest, prosecution on void on the face restraining orders, help in a bogus commitment to Patton State Hospital, unreasonable Bail, supression of evidence, and even prosecution on charges where I was provable the victim.
NEW YORK (AP) - Feb 28, 2008, Report by the Pew Center on the States: For the first time in U.S. history, more than one of every 100 adults is in jail or prison, according to a new report documenting America's rank as the world's No. 1 incarcerator... that is 2,319,258 Americans were in jail or prison at the start of 2008 - one out of every 99.1 adults. Whether per capita or in raw numbers, it's morethan any other nation. It urges states to curtail corrections spending by placing fewer low-risk offenders behind bars... California - which faces a $16 billion budget shortfall - spent $8.8 billion on corrections last year...
JANUARY 27, 2006: I was at my home in Shadowcrest to attend a Board Meeting the next day to discuss the illegal use of Reserve Funds while they were suspended as a corporation. The board members had already taken out Restraining Orders in an attempt to keep me out of meetings. But Restraining Orders can not be used to keep homeowners out of open meetings. So, they resorted to a more evil tactic to keep me out of the meeting. Board members, Kent Robbins, and Jim Hooten filed a false police report against me, stating I tried to run them over with my car, and I was arrested and taken to Riverside County Jail, Indio, CA.
I needed, but was denied medical treatment for angina by Corp. Maggie Beviens. When I scratched my wrist with my fingernail in hopes of obtaining medical treatment, 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, with no cloths, no bedding, no toilet paper, no water, and still no medical treatment. Then I was transferred into a total lock-down cell, in twenty-four hour isolation, for four days. This is illegal All inmates are to be allowed at least 2 1/2 hours of recreation outside, every 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)
And, 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)
Also, ...solitary confinement - that is, confinement of a prisoner alone in a cell for all or nearly all of the day, with minimal environmental stimulation and minimal opportunity for social interaction - can cause severe psychiatric harm. Stuart Grassian M.D.; September 1993 in Madrid v. Gomez, 889F.Supp.1146
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 from either.
Amnesty International, Human Rights Watch, the American Friends Service Committee, the National Lawyers Guild, California Prison Focus, and many other groups and individuals have joined with the World Organization Against Torture to express their concern, and is currently writing a report on United States' Compliance With theUnited Nations Covenants this country has signed. For instance, the U.S. ratified the International Convention Against Torture in 1994, but still does not comply, continuing to use punitive violence and brutality in control unit facilities, cell extractions, mistreatment of the mentally ill, chemical sprays and dangerous methods of restraint. The existence and scope of these conditions are also in opposition to guidelines for treatment set in the International Covenant on Civil and Political Rights as well as the UN Standard Minimum Rules for the Treatmentof Prisoners.
When I was pulled out of the cell, still in the chair, and still strapped down, [There are photos of this event] and Corp Erdralin began to taunt me, and to point and laugh at me like I was an animal -- provoking me; I simply had a psychotic break with reality and just could not stand any more of this malicious and abusive torture -- I spit on him -- He came by the cell later, looked through the glass, where I still had no water, was still siting in my urine soaked cloths, with no use of the toilet, and no medical treatment; he smiled, and mouthed the words at me -- cunt.
Crime is contagious.
In 1998, the most recent year for which figures are available, almost 928,000 adults were convicted of felonies in state courts. Statisitcally it is estmated at least 9,280 and as many as 92,800 innocent people were convicted of crimes they did not commit. Bureau of Justice Statistics Report, May 17, 1999
At the Preliminary Hearing, Deputy District Attorney Kristi Elise Belcher allowed her witnesses to probably perjure themselves; she absolutely heard them over and over contradict their own police reports, and she NEVER allowed for the facts of void orders, and false arrests to come out.
Every restraining order that the District Attorney prosecuted me for, was void on the face! Not one of them met the statutory criteria. And, the District Attorney had a responsibilty to ascertain the truth, and to conduct a fair trial based on the facts. No one can be punished for disobedience of a void order.Mitchell v. Superior Court (1972) 28 Cal. App. 3d 759, 764, citing Fortenbury v. Superior Court (1940) 16 Cal. 2d 405, 408-09; seeIn re Berry (1968) 68 Cal. 2d 137, 147
TAKE NOTE: Constitutionally protected activity, such as making police reports, or complaints of any type are excluded from the meaning of "course of conduct" with regards to a restraining order. Schraer v. Berkley Property Owners Ass'n, supra, 207 Cal. App. 3d 719.
Motions to vacate void judgments may be made at any time after judgment. County of Ventura v. Tillett, supra, 133 Cal. App. 3d 105, 110.
MET THE FOLLOWING CRITERIA: - therefore they are void, and the judge, who must follow the law, had no juridiction to issue them.
Trylson v Stephens INC057008 The comissioner had already agreed to dismiss the case; it was void! Judge Olfield had not heard my side of the case, which automatically makes a case void, and, Trylson had not met the statutory criteria for a restraining order. There was also a Charging Affidavit in this case against Kent Robbins and Darlene Trylson for provable perjury. Twiss could have easily have discerned this by reading my paper work, or, by letting me go before the judge.
And, The Order Never met the statutory criteria for a restraining order, and it is void!
Kent Robbins INC 040482 had already been found to have battered me, and perjured himself in this restraining order against me, and, that is part of the transcripts of our last court appearance in this case, and could have been easily discovered by the District Attorney. Robbins' restraining order is also void; The Order Never met the statutory criteria for a restraining order.
James Hooten INC044733 Who has police reports against him for harassment of women and children, and also pulled what looked like a gun on several children in Shadowcrest HOA. The Order Never met the statutory criteria for a restraining order.
Jill Reed INC039738 Had me falsely arrested twice on a TRO, in a HOA board meeting, in a public place; public places had been crossed out by the judge on her order. The Order Never met the statutory criteria for a restraining order.
Jose Liceaga INC040572 probvaly battered me on two ocassions, in front of witnesses, attemptd a battery on me on on another ocassion. Deputy District Attorney Kristi Elise Belcher had a police report on one of these events where Liceaga's own witness reported I was the victim. Belcher went ahead and prosecuted me on this event, and ignored the facts -- never presenting the truth to the court --that I was the victim. There are multiple police reports and requests for Restraining Orders against Liceaga for his harassment of women and children. And, The Order Never met the statutory criteria for a restraining order.
Bonnie Garcia [or any of her aides] INC043179 Knowing I was talking with the Garcia people, two officers from CCPD visited her office and slandered me, telling them to have nothing to do with me. Four months after visiting the Garcia Office for help, she began a provable conspiracy with the Cathedral City Police Department, and filed for 8 restraining order against me. The proof of this conspiracy is very well documented in the 65 page Memo of Cost in Case INC043437 ROBINSON v. STEPHENS. The last time I was in court with Garcia's aide, "Candy" the commissioner agreed to dismiss the orders -- if I had Mary Brhel served; Garcia moved Brhel so I could not serve her. This is all documented in the court transcripts, and could have easily been asertained by Kristi Elise Belcher if she had done her duty is to ascertain and fully and fairly present... the evidence... supra: People v. Kasim (1997) Assemblywoman Bonnie Garcia, and her aide has engaged in conduct that is prejudicial to the adminsitration of justice in her conspiracy, and in allowing me to be prosecuted knowing her orders are void! The OrderNever met the statutory criteria for a restraining order.
ROBINSON v. STEPHENS [Judy Williams] INC043437 When I discovered that two police offiers had gone to the Garcia Office and slandered me I called CCPD and spoke with Judy Williams and wanted an investigation; she hung up on me! On this very day, February 3, 2004, as is well documented in their 65 page Memo of Costs, Attorney, Kendall Berkey, and CCPD began a conspiracy against me, behind my back, which resulted in false police reports, false arrests, bogus restraining orders being served on me that never went through the court, and refusal to do an investigation into the two officers believed to be Sergeant, Charles Robinson, and Captain Kevin Connor. I had no idea of this Memo of Costs until October 2004, after losing to them in a bogus restraining order because I didn't have enough legal knowledge to fight them. I was then served with a bill for over $65,000 that had been chalked up by Berkey in an ivestigation against me; an investigatoin that proved nothing againt me. (Now, interestingly, Berkey had obtained a restraining order against another person for CCPD, and never charged any money for that.) All of this to protect two crooked cops! I then learned that The Order Never met the statutory criteria for a restraining order, and began a fight to have it dismissed. When I was falsely arrested I was in the process of going through Appeal Court, but lost as I was incarcerated and could not fight it in jail. I lost my home, and over $100,000. Since then, I have learned An APPEAL will NOT prevent the court from at any time lopping off what has been termed a dead limb on the judicial tree -- a void order.MacMillan Petroleum Corp. v. Griffin (1950) 99 Cal. App. 2d 523, 533 [222 P.2d 69]; accord: People v. West Coast Shows, Inc. (1970) 10 Cal. App. 3d 462, 467 [89 Cal. Rptr. 290]; Svistunoff v. Svistunoff (1952) 108 Cal. App. 2d 638, 641-642 [239 P.2d 650]; and see: 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 7, pp. 4024-4025.) The Order Never met the statutory criteria for a restraining order, and it is void!
Going into trial, I was still in 24 hour a day solitary confinement, which is illegal (supra; Inmates of Riv.Co. Jail Indio v Ben Clark, as Sheriff and Appeal; ...solitary confinement - that is confinement of a prisoner alone in a cell for all or nearly all of the day, with minimal environmental stimulation and minimal opportunity for social interaction - can cause severe psychiatric harm. (Stuart Grassian M.D.;September 1993 in Madrid v. Gomez, 889F.Supp.1146), and, greatly in need of medical treatment for heart problems -- I was not receiving any medical care in jail for my heart -- and, needing to see a doctor. Finding myself represented by defense counsel that was blatantly unprepared, unmotivated and whose incompetence was stunningly conspicuous, forced me, an indigent 67 year old woman to take whatever the District Attorney offered. Even though I was innocent. I could not chance going to prison, where I would have died for sure. I agreed to plead guilty; my Public Defender would not let me plead nolo contendere. I had to get out of jail due to my health; I was going to die.
I ought never to have been prosecuted on void orders.
I have already filed a report against Patton State Hospital, for the bogus commitment that the Public Defender initiated against me, with the support of the District Attorney; it is going to The Department of Justice, Civil Rights Divsion. I am also considering a Grand Jury as well, and Bar Complaints against all attorneys in this case.