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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MORE CORRUPTION IN CATHEDRAL CITY POLICE DEPARTMENT

Cathedral City! Keep on Keeping on
http://sanbernardinopd.us/2006/08/24/keep-on-keeping-on.aspx

August 24. 2006
By, JEFF MILLER, ex-Cathedral City Police Officer
GoodBadCorrupt.com
filed under CA, Cathedral City PD.

Hi Steve,

It's been awhile since we spoke and I am glad you're still fighting the battle. Feel free to post this message in your guest book. If you recall, I was with Cathedral City PD. After our police union filed a massive Federal lawsuit against our Chief (Stan Henry) , Captain John Holcomb and a few more of his puppet command staff, he (the Chief) went on a Retaliation hit-a-thon!

The 36 page Federal lawsuit [FEDERAL COURT EDCV 02-965, CV 04 02931] was about violations made by the Chief and his staff regarding many issues. Just to name a few for example:
1. Promotions were not handled properly
2. Discipline was inconsistent
3. Programs that were implemented were never followed through in the proper order.
4. Civil Rights violations incurred by individual officers by staff
5. Retaliation by the Chief that violated not only civil rights but violated Federal laws.

Needless to say, I was on the POA [Police Officers Association] board so I was on his target list.

Without going into detail here (its in my book) the Chief attempted to trash me. He spent in excess of $50,000.00 dollars just on the initiating of an internal investigation against me!

After the Riverside County DA'S office rejected a Criminal report sent by the Chief against me, he decided to send it all the way to the Attorney General office. In the report the Chief was charging that I accessed CLETS (CRIMINAL COMPUTER BASED INFO) to run friends of mine for profit and gain. A complete audit of the CLETS system did not show any evidence of anything. The AG and DA'S office told the Chief straight out that there is no crime and no charges can be brought down.

Then the Chief had summoned the assistance of the DA investigators from Riverside County. A search warrant was written for my computer as they thought it contained info that would implicate me having criminal involvement of some kind. I ended up being able to read this search warrant and will tell you it was filled with so many lies it was pathetic. It gets more pathetic then this however.

I will say that I received a medical retirement and was able to get the hell out of that place.

Oh, my Workman's comp settlement finally was agreed upon with strings attached... only if I agreed that I would not sue the City or police department or individuals for anything regarding the IA.

Unreal, in order for me to obtain a end to my situation and obtain what was rightly due me, I had to sign an agreement that basically let them off the hook.

So, not trusting any of the staff at that PD, I had them sign the very same thing to protect myself because if they can lie and get a judge to sign off on a search warrant for an officers computers ip address then they can and will try anything.

The law enforcement field is full of these kind of people and a large percentage of these idiots are in management positions.

My book should be out in print the first of the year. I'll even sign my name to this because I know the brass at CCPD looks at this just out of guilt.

Keep going strong Steve and contact me as I have some info for you regarding a position you may be interested in looking into.

Best,
Jeff Miller

CALIFORNIA HOMEOWNER ASSOCIATIONS NEED AN OMBUDSMAN

We need an ombudsman who can enforce the law, and can dismissbad boards, bad attorneys,and bad management

Letter to Desert Sun
February 10, 2006

An article in the Desert Sun titled: "Legislature votes for Homeowners Association " - January 31, 2006 stated: Assemblywoman Bonnie Garcia, R-Cathedral City, said she opposed the (Ombudsman Bill) because she preferred to develop a way to serve homeowners association residents through local offices, where the staff would know the communities better than state officials could. "'I think the best enforcement is done at the local level," Garcia said.

As a founder of HOA Coalition and talking with many homeowners, it is well known that Garcia has done nothing to support any homeowner who has sought her help in her local office in Cathedral City, California.

The organization, California Association of Community Managers (CACM) has done nothing to help homeowners fight against what are all too often unlawful and even criminal behavior of boards, attorneys and management of HOAs.

I attended a class given by, Community Association Institute (CAI) for board members. What was learned in class was how to avoid homeowners' complaints, and get around the civil and corporation codes that regulate the covenants of HOAs.

We need an ombudsman who can enforce the law, and can dismiss bad boards, bad attorneys and management, who are all "educated" by CAI.

Sacramento, California -September 22, 2006

A controversial bill by California Democrats to impose a new tax on 7 million homeowners who live in homeowner associations in California was vetoed by the governor today. Most homeowners objected the bill as it was written to profit the homeowner association industry.

AB 770 by Assemblymember Gene Mullin (D-South San Francisco) would have imposed a biennial association fee on common interest development associations to fund the Office of the Common Interest Development Ombudsperson. ($24 million) .In his veto message Governor Schwarzenegger wrote:

To Member of the California State Assembly:
I am returning Assembly Bill 770 without my signature.

This bill is unnecessary at this time. Recent legislation has been enacted to address various problems cited by the author in proposing this bill, including directives to the Department of Consumer Affairs and the Department of Real Estate to develop an on-line education resource for common interest development board members, as well as a requirement that associations provide dispute resolution procedures. It is necessary to gauge the effectiveness of this recently enacted legislation before creating an entirely new state office.

Additionally, this bill provides no clarification on the type of dispute resolution services that will be provided by the proposed Ombudsman and does not specify the difference between informal dispute resolution required by this bill and formal mediation, which the Ombudsman would not provide.For these reasons, I am returning this bill without my signature.

Sincerely,
Arnold Schwarznegger

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THE STANFORD PRISON EXPERIMENT

A Simulation Study of the Psychology of Imprisonment Conducted at Stanford University

What happens when you put good people in an evil place? Does humanity win over evil, or does evil triumph? These are some of the questions posed in this dramatic simulation of prison life conducted in the summer of 1971 at Stanford University.

Philip G. Zimbardo
http://www.prisonexp.org/

The Lucifer Effect: Understanding How Good People Turn Evil.
New York: Random House.

Zimbardo, P.G. (2007)

[See also: http://www.lucifereffect.com/]

How we went about testing these questions and what we found may astound you. The planned two-week investigation into the psychology of prison life had to be ended prematurely, after only six days because of what the situation was doing to the college students who participated.

It began on a quiet Sunday morning in August, in Palo Alto, California, where the individual suspects were suddenly arrested, put in the rear of a police car and carried off to the police station -- the sirens wailing.

Volunteers: What these arrested suspects had done was to answer a local newspaper ad calling for volunteers in a study of the psychological effects of prison life. We wanted to see what the psychological effects were of becoming a prisoner or prison guard, in a simulated prison. The applicants from the U.S. and Canada were given diagnostic interviews and personality tests to eliminate candidates with psychological problems, medical disabilities, or a history of crime or drug abuse, and would earm $15/day by participating in the study. It is important to remember that at the beginning of our experiment there were no differences between boys assigned to be a prisoner and boys assigned to be a guard.

Constructing the Experiment :To help us closely simulate a prison environment, our prison was constructed by boarding up each end of a corridor in the basement of Stanford's Psychology Department building. That corridor was "The Yard" and was the only outside place where prisoners were allowed to walk, eat, or exercise, except to go to the toilet down the hallway. On the side of the corridor opposite the cells was a small closet which became "The Hole," or solitary confinement. An intercom system buged the cells and was used for public announcement. There were no windows or clocks to judge the passage of time, which later resulted in some time-distorting experiences.

Arrival: Blindfolded and in a state of mild shock The prisoners were brought into our jail one at a time.Each prisoner was systematically searched and stripped naked, and deloused with a spray, to convey our belief that he may have germs or lice; a degradation procedure designed in part to humiliate prisoners. The prisoner was then issued a uniform -- a dress, or smock, which each prisoner wore at all times with no underclothes and an ID number on front and back. -- Real male prisoners don't wear dresses, but they do feel humiliated and emasculated. The number was to minimize each persons individuality. Each prisoner also wore a bolted, heavy chan on his right ankle -- not common in prisons, but used to remind prisoners of the oppressiveness of their environment. Rubber sandals were the footware, and, a stocking cap on their head made from a woman's nylon stocking.

The cells were so small there was only room for three cots, on which the prisoners slept or set, with little room for anything else.

We began with nine guards and nine prisoners.

Guards:
All guards were dressed in identical uniforms of khaki, and they carried a whistle around their neck and a billy club, and special Mirror sunglasses that prevented anyone from seeing their eyes or reading their emotions, promoting their anonymity. We were, of course, studying not only the prisoners but also the guards, who found themselves in a new power-laden role.

The first day passed without incident, but on the second day rebellion broke out. Now the problem was, what to do about this rebellion? The guards were angered and frustrated as the prisoners began to taunt and curse them. Psychological tactics began .The effect was to break the solidarity among prisoners.

Suddenly there was greater solidarity among the guards, and, it was no longer just an experiment, no longer a simple simulation, and every aspect of the prisoners' behavior fell under the total and arbitrary control of the guards.

Prisoner #8612 began suffering from acute emotional disturbance, disorganized thinking, uncontrollable crying, and rage. When he began to act "crazy," to scream, to curse, to go into a rage that seemed out of control. We became convinced that he was really suffering and that we had to release him.

I was sitting there all alone when who should happen along but a colleague and former Yale graduate student roommate, Gordon Bower. Gordon had heard we were doing an experiment, and he came to see what was going on. I briefly described what we were up to, and Gordon asked me a very simple question: "Say, what's the independent variable in this study?"

To my surprise, I got really angry at him. The security of my men and the stability of my prison was at stake, and now, I had to deal with this bleeding-heart, liberal, academic, effete dingdong who was concerned about the independent variable! It wasn't until much later that I realized how far into my prison role I was at that point -- I was thinking like a prison superintendent rather than a research psychologist. NOTE: What are the dangers of the principal investigator assuming the role of prison superintendent?

We had heard a rumor of a prison break but it never materialized. How did we react to this mess? With considerable frustration and feelings of dissonance over the effort we had put in to no avail. Someone was going to pay for this. The guards again escalated, very noticeably their level of harassment, forcing the prisoners to do menial, repetitive work such as cleaning out toilet bowls with their bare hands, do push-ups, jumping jacks, and increased the length of their counts to several hours each.

I invited a Catholic priest to evaluate how realistic our prison situation was. He interviewed each prisoner individually, and I watched in amazement as half the prisoners introduced themselves by number rather than name. The priest's visit further blurred the line between role-playing and reality.

Prisoner #819, was feeling sick, refused to eat, and wanted to see a doctor. He was persuaded to come out of his cell and while talking to us, he broke down and began to cry hysterically, just as had the other two boys we released earlier. I took the chain off his foot, the cap off his head, and told him to go and rest in a room that was adjacent to the prison yard. I said that I would get him some food and then take him to see a doctor. One of the guards lined up the other prisoners and had them chant aloud: "Prisoner #819 is a bad prisoner. They shouted this statement in unison a dozen times. I raced back to the room where I had left him, and what I found was a boy sobbing uncontrollably. The chanting was marked by utter confomity and compliance, as if a single voice saying, "#819 is bad."

Parole Board:The Board was composed mainly of people who were strangers to the prisoners (departmental secretaries and graduate students) and was headed by our top prison consultant.
Several remarkable things occurred during these parole hearings: First, when we asked prisoners whether they would forfeit the money they had earned up to that time if we were to parole them, most said yes. Then, when we ended the hearings by telling prisoners to go back to their cells while we considered their requests, every prisoner obeyed, even though they could have obtained the same result by simply quitting the experiment. Why did they obey? Because they felt powerless to resist. Their sense of reality had shifted, and they no longer perceived their imprisonment as an experiment.

By the fifth day: A new relationship had emerged between prisoners and guards. The guards now fell into their job more easily -- a job which at times was boring and at times was interesting.

The guards appeared to thoroughly enjoy the power they wielded, yet none of our preliminary personality tests were able to predict this behavior.

NOTE: In 2003 U.S. soldiers abused Iraqi prisoners held at Abu Ghraib, 20 miles west of Baghdad. The prisoners were stripped, made to wear bags over their heads, and sexually humiliated while the guards laughed and took photographs.
NOTE: How could the guards move so readily into their roles? How could intelligent, mentally healthy, "ordinary" men become perpetrators of evil so quickly?

Prisoners' Coping Styles:Prisoners coped with their feelings of frustration and powerlessness in a variety of ways. At first, some prisoners rebelled or fought with the guards. Four prisoners reacted by breaking down emotionally as a way to escape the situation. One prisoner developed a psychosomatic rash over his entire body when he learned that his parole request had been turned down. Others tried to cope by being good prisoners, doing everything the guards wanted them to do. By the end of the study, the prisoners were disintegrated, both as a group and as individuals. There was no longer any group unity; just a bunch of isolated individuals hanging on, much like prisoners of war or hospitalized mental patients.

The guards had won total control of the prison, and they commanded the blind obedience of each prisoner.

One Final Act of Rebellion : Prisoner #416 coped by going on a hunger strike to force his release. After several unsuccessful attempts to get #416 to eat, the guards threw him into solitary confinement for three hours, even though their own rules stated that one hour was the limit. Still, #416 refused. At this point #416 should have been a hero to the other prisoners. But instead, the others saw him as a troublemaker. The head guard then exploited this feeling by giving prisoners a choice. They could have #416 come out of solitary if they were willing to give up their blanket, or they could leave #416 in solitary all night. NOTE: Most elected to keep their blanket and let their fellow prisoner suffer in solitary all night. (We intervened later and returned #416 to his cell.)

On the fifth night, at this point it became clear that we had to end the study. We had created an overwhelmingly powerful situation -- a situation in which prisoners were withdrawing and behaving in pathological ways, and in which some of the guards were behaving sadistically. Even the "good" guards felt helpless to intervene, and none of the guards quit while the study was in progress. Indeed, it should be noted that no guard ever came late for his shift, called in sick, left early, or demanded extra pay for overtime work.

I ended the study prematurely for two reasons:
First, we had learned through videotapes that the guards were escalating their abuse of prisoners in the middle of the night when they thought no researchers were watching and the experiment was "off." Their boredom had driven them to ever more pornographic and degrading abuse of the prisoners.

Second, Christina Maslach, a recent Stanford Ph.D. brought in to conduct interviews with the guards and prisoners, strongly objected when she saw our prisoners being marched on a toilet run, bags over their heads, legs chained together, hands on each other's shoulders. Filled with outrage, she said, "It's terrible what you are doing to these boys!" Out of 50 or more outsiders who had seen our prison, she was the only one who ever questioned its morality. Once she countered the power of the situation, however, it became clear that the study should be ended.

After only six days, our planned two-week prison simulation was called off.

On the last day, we held a series of encounter sessions, first with all the guards, then with all the prisoners (including those who had been released earlier), and finally with the guards, prisoners, and staff together. We did this in order to get everyone's feelings out in the open, to recount what we had observed in each other and ourselves, and to share our experiences, which to each of us had been quite profound.

In the encounter sessions, all the prisoners were happy the experiment was over, but most of the guards were upset that the study was terminated prematurely.

Two months after the study, here is the reaction of prisoner #416, our would-be hero who was placed in solitary confinement for several hours:"I began to feel that I was losing my identity, that the person that I called "Clay," the person who volunteered to go into this prison -- still is a prison to me. I don't regard it as an experiment or a simulation -- it was a prison run by psychologists instead of the state. I began to feel that identity, the person that I was, that had decided to go to prison was distant from me -- was remote until finally I was 416. I was really my number"

Compare his reaction to that of the following prisoner who wrote to me from an Ohio penitentiary after being in solitary confinement for an inhumane length of time: "I was recently released from solitary confinement after being held therein for thirty-seven months. The silence system was imposed upon me and if I even whispered to the man in the next cell resulted in being beaten by guards, sprayed with chemical mace, black jacked, stomped, and thrown into a strip cell naked to sleep on a concrete floor without bedding, covering, wash basin, or even a toilet....I know that thieves must be punished, and I don't justify stealing even though I am a thief myself. But now I don't think I will be a thief when I am released. No, I am not rehabilitated either. It is just that I no longer think of becoming wealthy or stealing. I now only think of killing -- killing those who have beaten me and treated me as if I were a dog. I hope and pray for the sake of my own soul and future life of freedom that I am able to overcome the bitterness and hatred which eats daily at my soul. But I know to overcome it will not be easy."

Terminated on August 20, 1971:After observing our simulated prison for only six days, we could understand how prisons dehumanize people, turning them into objects and instilling in them feelings of hopelessness.

And as for guards, we realized how ordinary people could be readily transformed from the good Dr. Jekyll to the evil Mr. Hyde.

In the decades since this experiment took place, prison conditions and correctional policies in the United States have become even more punitive and destructive, with more Americans -- some who are innocent -- in prisons than ever before.

Open Letter to HOA Attorney's on RICO Charges

Back To Court/Void Judgments Never Die

I was notified this morning that there is more documented proof that the homeowner association (HOA) lawyers, Ron Green, Jeffery French, and Brian Moreno have stolen more than $20,000 from me, in their defense of an illegal, void on the face judgment with Shadow Crest Homeowners Association by committing RICO, which has become a broad term with regards to "racketerring activity" under 18 U.S.C. Sec. 1961

When I approached the Riverside County District Attorney with prior facts and proof, they said I must first file a police report with Cathedral City Police Department.

I went with four members of my HOA and met with Sergeant Earl Moss; he refused to take any reports, stating it is "a civil matter!"

RICO is a criminal matter!

Every corporation formed in California, including a mutual benefit corporation, such as a homeowners association, is to be registered with the California Secretary of State's office. This is called the "Statement By Domestic Nonprofit Mutual Benefit Corporation". The requirement for this filing has been in place for many years. Every contract made in this state by a taxpayer during the time that the taxpayer's corporate powers, rights and privileges are suspended or forfeited pursuant to Section 23301, 23301.5 or 23775 shall, subject to Section 23304.5, be voidable at the instance of any party to the contract other than the taxpayer." Section 23304.5 requires that a lawsuit be brought by the other party in order for the contract to be voided.

On or about October 2004 I discovered that Shadowcrest HOA was suspended as a corportation, between May 2002 and February 2004 and brought this to the attention of the association board, the property management company, and particularly to the offices of the attorneys, Green, Bryant & French; Palm Springs and San Diego, CA.

I was ignored!

A corporation suspended may not do any business, bring or defend any lawsuit. Palm Valley Homeowners Association v Design MTC (2001) 85 Cal Appeal 4th. 553, 102 Cal Rptr. 2nd 350 and, California Corporation Code 8210

When I was ignored, I went into Riverside County Superior Court, Indio, CA, and on April 17, 2005 did bring to the attention of the attorneys and Judge Christopher Sheldon that Shadowcrest HOA was suspended on the above dates and filed a motion to dismiss the illegal attorney fees.

Case INC036214 - STEPHENS VS SHADOWCREST

Judge Christopher Sheldon found in favor of Attorney Brian Moreno.

Please view this case file: ALL attorneys mentioned above, as well as Attorney Jan "Gen" Wangler, who was under an ethical obligation, supported by case law to make a reasonable inquiry into the truth and facts of the case before proceeding on December 7, 2005. She knew I was unable to make an appearance in court on this date.

These attorneys have committed fraud on the court, are in violation of Business & Professional Code 6100, 6104, 6127 and, Rule 5-200 (B), and staturoy and case law.

It seems Attorney Jeffery French has been heard to say "all of the business of Shadowcrest and Sharon Stephens is water under the bridge..."

NOPE! Void on the face judgments NEVER DIE IN CALIFORNIA, and, CCP 473 and 473a has no direct reference to void judgments, there is no statue of limitations on challenging a void order! Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194

When I receive the documentation I shall see if I must still first file a report with Cathedral City Police Department.

THE TOTALITARIAN STRUCTURE OF AN HOA

How The Board of Directors Can Have
Absolute and Unaccountable Power

In the totalitarian-structure of a homeowner associations (HOA), the board of directors can be allowed absolute and unaccountable power, and, this flaw in the system has been repeatedly ignored in the offices of city and state governments, supported by often corrupt attorneys, and acknowledged in the courts by judges, who seemingly are not familiar with, or worse yet, ignore the laws that are in place to regulate homeowner associations.

Until changes can be made in The Davis-Stirling Law, and Corporation Code, and how association covenants (CC&Rs), and By Laws are written by the attorneys -- who have found a cash-cow in homeowner association law -- the HOA Board will remain as the absolute center and in control of the association on a daily basis.

And, herein lies the dangerous potential for abuse:

The office of a board president is well insulated from reality and accountability by the attorneys, who are paid by association dues to protect the board -- not the homeowner, even though they are intended third-party beneficiary's in the association -- and, a management company, along with a board that the president is largely responsible for setting up, and thereby can also control. This authoritarian structure is especially dangerous under these conditions because it allows for a toxic-faith system that encourages free reign and no accountability by the board members.

When an authoritarian ruler picks his board, under the guise of what is suppose to be a democratic form of voting -- heavily influenced by the board president and his cohorts --he will pick minion-types who are easily manipulated and easily fooled, and perhaps easily brainwashed in to the process of a dictatorship. What may appear to be a board of accountability is in fact only a rubber-stamp group that gives credibility to the president's decisions, who in turn gives credibility to the management company, with the attorney dictating to them all.

This illusion of accountability becomes more dangerous than those organizations that blatantly disregard accountability.

These type of board members then become co-conspirators of the dictator, and permit the toxic leader to reign, and even to persecute others without interruption.

Then, if a practice is called into question by a homeowner, such as selectivity of the covenants, misspending and mismanagement, and even criminal behavior the now well-established persecuting board members justify the behavior by supporting each other in their decisions with a majority of approval in their practices, backed up by the management company and the attorneys, with retaliation against the complainer assured in this sort of regime.

There is no regulatory government office to record a complaint against an abusive board, or, to make an appeal to justice in the world of Corporation Code, and The Davis-Stirling Law when these dictatorships go astray. The homeowner is left to fight in the courts against the attorneys -- who uses the homeowner's own money from the association reserve funds -- chalking up thousands of dollars using the corruption of the law in the courts.

A healthy society allows for freedom of expression. It is when members of a society cannot express themselves without fear of repercussions that problems arise.

In a toxic atmosphere, with no freedom of speech allowed there is a deliberate effort by the powerful to force the powerless into submission. Voltaire expressed this beautifully when he said, It is dangerous to be right when the government is wrong.

In an HOA, this phrase could be aptly applied as "It is dangerous to be right when the board president is wrong."

If a dictator-type board president feels that a homeowner is wrong -- for whatever the reason; it may just be the homeowner speaks out against the association structure -- the board president will set up a process, a hearing of sorts, to examine the question. (Please understand, I am not saying homeowners are never wrong, rather I am saying there is too much room for abuse in this all-too-often flawed process.) The hearing may appear fair and unbiased but in actuality, in a dictatorship it will be tainted by an obvious conflict of interest that comes from the reality that those in charge of making the decisions in the hearing process are appointed, and consequently rewarded in some way for going along with the board president.

In turn, the board president is rewarded in some way by the attorneys, and management companies, often with such things as vacations, luncheons, golf games, and perhaps even monetary kickbacks -- with no legal repercussions for bad behavior -- which makes for a false sense of rightful authority, or entitlement.

And, in this flawed system do authoritorian style boards often continue to harass and intimidate homeowners to keep them silent, and, into believing they have no way of fighting back.

Although many are coming to see the evils of homeowner associations, with some people even refusing to buy into them, still, we must do something to make changes in the law for those already living under the unconstitutionality of oppression in these little gulag-type communities.

to be continued...

THE DISTRICT ATTORNEY REQUIRES A POLICE REPORT TO INITIATE FRAUD INVESTIGATIONS

As Posted on
http://AHRC.com

June 29, 2005

The Cathedral City Police Department and City Refuse To Take Reports On Crimes in Homeowner Associations. The following is a letter sent to the Cathedral City Manager's Office and the City Manager, City of Cathedral City, California. It was never answered.

Attention Terry McKeating:

This morning I received a phone message from Julie Lowery, a Deputy District Attorney who handles Real Estate Fraud in the Riverside County District Attorney's Office, Riverside, CA., a part of Special Prosecutions. Ms. Lowery made it clear, as has Deputy District Attorney, Richard West in the same office, and, Investigator Jim Baine in the Indio District Attorney's Office: A POLICE REPORT MUST BE FILED FIRST!

Judy Williams, Secretary to Chief Stan Henry, CCPD told me a year ago February, "We will file no police reports against your homeowners association, Shadow Crest!!!" And, that has proved true -- not one of us women, who have been stalked, harassed, battered, etc. have been able to get a police officer to make a report for us. It is all documented. So, we don't want to talk to Judy Williams!

Four of us went in to meet with Sergeant, Earl Moss, with all of the paper work ,accounts, etc. and law that shows how money is be taken out, and how Shadow Crest has not followed that law. Nor have they repaid any of the money, and there has been no forensic audit to show where the money went.

I went in to see Sergeant Moss personally, and out of this came another false arrest. Unfortunatley, Sergeant Moss has not the slightest idea of Penal Code, and certainly not of Corporations Code which clearly points out what is "criminal embezzlement, extortion, RICO, mail fraud, and perjurious felonies, that are punishable under Penal Code." So, we don't want to talk to Earl Moss!

Now, when Sergeant Laura Hanlon was still working with the women of Shadow Crest, our homeowners association, she had an officer take a report, however he wrote it wrong and it was returned to CCPD to be correctly written. This is when Jim Baine told me; "go back to CCPD and have them rewrite it correctly!",

Then, there was the whole fiasco with Sergeant Charles Robinson, where he pretended to be helping me, and said he took all of the information for a report, i.e., in other words, he was only protecting himself and not taking a report at all.

I WANT AN INVESTIGATION INTO THAT INCIDENT!

WE want to talk to Sergeant Laura Hanlon!

I have spoken with the FBI -- who knows this is nothing but a vendetta by CCPD, and are shocked that I am being charged a $65,000 cost for CCPD's PROVABLE CONSPIRACY -- a conspiracy that proves nothing but their own conspiracy with City Council, Assemblywoman, Bonnie Garcia, and others in Cathedral City.

I have a letter from the Attorney General that states: "If there is embezzlement or extortion in your HOA go to the local District Attorney." However, the District Attorney -- all of them -- have said we "need to go to the police to make a report."

I spoke with an attorney in the Public Defender's Office yesterday who reviewed my case, and said, "THIS IS NOTHING MORE THAN A VENDETTA BY THE POLICE!" He is absolutely correct, and this is a violation of my civil and constitutional rights, for which we are filing a lawsuit.

1. I want a police report on the crimes committed by Shadow Crest attorneys, the board of directors and the Management people.
2. I want something done about the false arrests made by Danielle Pascual, and Sergeant "Chuck" Robinson.
3. I want this bogus $65,000 lien on my home withdrawn.

The attorney I spoke with immediately saw that it was an "investigation" done to ruin me and my family, out of a vendetta by Chief, Stan Henry, Earl Moss, Judy Williams, Sergeant Robinson, Captains: Connor, Holcomb, and The Hatfields, etc.

Please do get back to me as soon as possible.

Thank you,
Sharon Stephens
Shadow Crest Homeowners Association
Cathedral City, Calfornia