Kimball, Tirey & St.John LLP

HOAs and HUD

AMERILAND GROUP

What happens when attorneys who represent homeowner associations [HOA] also represent HUD elderly, disabled and low income residents?

They pull the same dirty, and often illegal tricks on both, and bully people into silence.

When I lost my home in Shadow crest HOA because of a less than honest attorney, Brian Moreno, (French, Bryant and Green). Only later did I discover the association was suspended for failure to file a required information statement with the California Secretary of State, and could not prosecute or defend a lawsuit. (Palm Valley Homeowners Assn. v. Design MTC (2001) 85 Cal.App.4th 553, 102 Cal.Rptr.2d 350) I am now prepared to take Shadow Crest HOA back into court and take back all of the money they stole from me during that period of time.

Where does a handicapped and elderly, 68 year old woman go when she loses everything? To a low-income HUD/Sec8 apartment, and, I went to Briarwood Manor in Montclair; a building owned by AMERILAND GROUP of whom I was unaware owned many buildings and was in legal trouble for illegally evicting their residents, and under suspision for the deaths of three people in a fire.

I became involved with Resident Council, an approved HUD suto-government group of tenants, htat is also allowed according to the lease agreement of the property, who gather to help in the management of the property.

When I began to complain about unsafe living conditions at Briarwood, and criminal behavior for which there is a legal duty, which every person owes to others: "...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)

Instead, I found myself retaliated on by AMERLAND owner, Martha Enriquez, who is also the President of LOGAN PROPERTY MANAGEMENT, who is required by law to protect residents, but instead I was suffering much distress, and unable to sleep: Residents, particularly elderly have a "right...to be free from acts constituting duress" (Leeper v. Beltrami (1959) 53 Cal.2d. 195) and the propriety of a "cause of action for wrongful acts in the nature of duress...examples of such wrongful acts include a bad faith threat to breach a contract ..." (Rich Whillock v. Ashton Development, 157 Cal. App. 3d at p.1159)

My HUD/Sec8 rental contract was about to be breached.

Soon I was contacted by AMERILAND attoney, Linda Hollenbeck, a partner in Kimball, Tirey & St. John. She was less than pleasant to me, and always seemed to have an antagonistic bent in the way she talked to me, so, I researced the law office and found they were also HOA attorneys, who provides counsel on an array of homeowner association matters and it seems has the same mind-set in the way they deal with people who complain -- if the complaints weren't to their advantage. My complaints were ignored, and I was labled as a trouble-maker.

Complaints to HUD were ignored as well.

In July 2008 I was served with an Eviction, claiming I had harassed a man, Stan Harris, the self-appointed "head" of Resident Counsel, and a close friend of Martha Enriquz. He was claiming to be an MD doctor and giving out dangerous and illegal, medical advice to the elderly and handicapped residents. I revealed he was not a doctor, and for that I was being evicted. (The California Medical Board sent me a letter thanking me for notifying them of his behavior, and "saving others from him.")

Stan Harris, and his little Lord of the Flies band of terrorist are allowed to run roughshod over the other tenants, screaming and hollaring, using filty language and even threatening phyical violence against them and their guests -- in spite of ongoing complaints, including a Petition with 24 names to have him put out of office of Resident Council, which again was ignored.

Soon I was in court and Attorney Hollenbeck brought "paid for" witnesses, including Stan Harris who provably perjured himself in court. One advantage for me, they didn't meet the burden of the law of proving harassment, and now we are in Appeal.

In the interim, Attorney Hollenbeck, AMERILAND, and Logan Property Management have filed four bogus TRO's against me, in which they again did not follow the law, and I have been falsely arrested twice on these sham TROs, and ended up in the hospital on both occasions.

No different than other HOA attorney complaints.

HOMEOWNER ASSOCIATIONS AND JUDICIAL MISCONDUCT

RE:
HONORABLE B.J. BJORK
Larson Justice Center
46-200 Oasis Street; Indio, CA

When I purchased my home in Shadow Crest Homeowners Association (HOA) in Cathedral City, California in 1996 I knew nothing about HOAs being entities that exist purely for the development, sale, and administration of residential real estate, and that every aspect of my life within the HOA would be governed by the association, and I certainly had no idea that what I had initialed at Closing was a binding adhesion contract with a private corporation and that I had surrendered my constitutional rights and civil liberties to the will and whim of the HOA, and its vocal and active, albeit minority of the board of directors, a management company, and, the all pervasive legal wolves who could snatch my home in non-judicial foreclosure with out ever going to court. It would be months later that I would come to truly understand that I did not even own my own property, but was only a shareholder in a non-profit corporation.

However, in my ignorance, the first few months were wonderful, and peaceful, and I loved my home.

When a drug family, related to a board member moved in across the street, I found little help from the HOA board, HOA attorneys, Wayne Guralnick, Kendal Berkey, Ron Green, Jeffery French, and Brian Moreno, my neighbors, the police, or the courts. Later I would discover that there is a well-grounded government system in place -- a type of shadow government -- that supports the the infrastructure of HOAs, rather than the people who live in them. The more I delved into the laws that regulated HOAs, and the more I tried to find some common ground for mutual communication, the more obvious it became that I was upsetting some sort of corporate boat that was not going to allow itself be rocked, and, would retaliate in the worst of ways against anyone who dare challenge them.

When I approached Assemblywoman Bonnie Garcia, she refused to help, and then provably conspired with Cathedral City, City Attorney, and my HOA board to drag me before judges, who handed them bogus, void-on -the-face restraining orders; orders with no judisdiction that did not meet legislative statatory, or case law to be granted. All to keep me out of meetings, surpress my writing of a newsletter, and even to try and keep me from making complaints to the police, or legislature. I was working on getting all of these orders dismissed, and in the process had made complaints against judges and commissioners for handing out these void judgments.

JUNE 8, 2006 I was falsely arrested while going into court to dismiss a void-on-the-face restraining order, by Riverside County District Attorney, Rich Twiss on a 422.6 (A) PC, Misdemeanor hate crime action. There was absolutlely no basis for this charge, and I was ont allowed to ask why I was being arrested. Twiss handcuffed me, refused to let me appear in court, and would not hear what I had to say; he literally marched me through the court house, to the HONORABLE B. J. BJORK, who imposed on me the excessive, unconstitutional, unreasonable bail of $500,000 -- on a unproven misdemeanor! The Eighth Amendment itself does not speak of any right to bail, but it does prohibit the imposition of excessive bail.

I asked Judge Bjork for release on my own recognizance (O.R.), and told him the order is void. In a most rude, and insensitive manner, Judge Bjork denied me O.R., and told me, You had better hope the order is void! and then he had me incarcerated in jail, where I was not allowed even a phone call until June 22, and remained for over a year, suffering much well-documented abuse. Ilost my home, thousands of dollars, my health, and my reputation.

MAY 23, 2008: I filed a complaint against B.J. BJORK with the California Commission on Judicial Performance charging him with recklessness, oppression, fraud and malice, and elder abuse in his actions against me.

BACKGROUND ON B.J. BJORK

MARCH 1994: Judge Bjork granted a judge's family member traffic school rather than have them answer for driving while not in possession of a valid driver 's license and a failure to appear. This was done again a second time based on a request by the same judicial colleague, which is contrary to Canon 2A of the California Code of Judicial Conduct, which provides that a judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary, and Canon 2B, which provides that a judge should not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment, and that a judge should not convey or permit others to convey the impression that they are in a special position to influence them.

Judge Bjork consented to public admonishment.

FEBRUARY 1997: B.J. BJORK was the judge in an alleged fraudulent foreclosure sale of New York attorney George Harder's Palm Springs home by David Peters of Peters & Freedman. Some have reported that Peters has been selling the homes he forecloses to his long time associate Carlos Sosa, a lawyer in Los Angeles. Bjork denied George Harder 's request to postpone his trial to come from New York for the case in Riverside, California. Bjork held the trial without Harder and ruled for Peters & Freedman and Sosa. George Harder lost his home.

JUDGE, B.J. BJORK TODAY: Judicial Council Assignments for Riverside Superior Court: Judge B.J. Bjork, Retired, Superior Court, Riverside Assignment #TBD; June 9 through June 20, Dept. 1CI

The California Commission on Judicial Performance has promised an investigation.

I am filing a motion for dismissal of my case.

Assemblywoman Bonnie Garcia, Eight Bogus Restraining Orders, Conspiracy and False Arrest

The Assemblywoman Garcia from Cathedral City, California

is NOT a friend of homeowner associations,

or, the people she has taken an oath to defend.

Falsely Jailed by aide of Bonnie Garcia
on bogus and void restraining order

SUMMARY OF EVENTS:

December 7, 2004: Press Conference with Pat Cooper, aide to Senator Ducheny, Kim Trone, a reporter from the Desert Sun, and a documentary film maker, Madelene Hunter-Patterson. We also had a number of homeowners from other association at the meeting. Candy, from Bonnie Garcia's office called and said she was coming. She never did make the meeting, and did not even call to apologize. So, I went into the Garcia office in Cathedral City to try and make an appointment with Mrs. Garcia, with the stated purpose of speaking to Homeowner Association problems. I was given an appointment with Mary Brhel.

January 29: I went into Ms. Garcia's office in Cathedral City for an appointment with her aide, Mary Brhel (wife of ex-Deputy District Attorney, Martin Brhel) about involvement with the problems with homeowner associations. [Hispanics are the most foreclosed group of people in the State of California.] She refused to let me address the problems of HOAs in general. Rather she wanted to hear, and insisted I tell her my "personal" story! So, I told her all about Shadowcrest HOA, and the problems we were experiencing, including void restraining orders to keep me out of board meetings, my false arrests, stalking and battery by board members, perjury, false and illegal fines, and of course the attempts made on two families for non-judicial foreclosure. Brhel acted rightly, and truly shocked, as do most who hear these stories of out of control HOA boards, unethical attorneys, and greedy management companies. We had a good conversation, and she even gave me a bouquet of flowers and congratulated me for being "an activist".

However, before going to the Garcia Office that morning I had been in the Cathedral City Police Department (CCPD), at their request; they had called me in on a ruse, as I would discover months later, telling me they were "doing an investigation of a complaint" I had made against Sergeant Hatfield, for his participation in a false arrest, abuse of process and abuse while in custody and I told two officers, Sgt. Charles Robbinson, and Captain Kevin Connor I was going to the Garcia Office that morning; CCPD is next door to the Garcia Office.

February 2: Mary Behel called me back, stating "You have made all kinds of problems with the Cathedral City Police Department, and other government agencies, and you are a threat, and I am placing you on a list in Sacramento as a threat"! She hung up on me without telling me where she had received this information.

February 3-5: CONSPIRACY begins between the Garcia Office staff, the Cathedral City Police Department, my HOA Board of Directors, and stretching all the way to the Riverside County District Attorney's office in Indio began.The proof of this conspiracy is well documented by Cathedral City Attorney, Kendall Berkey in the 65 page Memo of Cost in Case No. 0424575 ROBINSON v. STEPHENS, Riverside Count Superior Court, Indio, CA.

February 9: Madelene Hunter-Patterson called Ms. Brhel at her office and was given to Richard Harmon, Chief of Staff. He told her that "We had a couple of officers in here that said, 'Sharon is crazy, and has been arrested multiple times. She is a threat, and you should not talk to her'".

Because of this, I was interviewed by Edwin Olavie, Investigator with the California Highway Patrol: Mr. Olavie "Did not consider me a threat"!

April 6: Ms. Garcia sent me a rude letter, that basically said, "I can do nothing to help you, stay out of my office!"

April 8: LETTER SENT TO BONNIE GARCIA:

Bonnie Garcia
PO Box 942d849Sacramento, CA 94249-0080
Re: In response to your April 6, 2004 letter

Dear Mrs. Garcia;
1-Last Tuesday I spent an hour talking, [taped] with Investigator, Edwin Olavi, CHP [213-897-4564], regarding Mary Brahby's bogus accusations against me when I stopped by to tell her, "There is going to be an investigation into the officers who went into the office in Cathedral City and slandered me". I have already been publicly in front of the City Council addressing this issue, and I intend to push for further investigation. I also intend to continue to tell all I meet just how you responded to this, without every asking for my side of the story, You are basically an untrustworthy politician, who does not take responsibility to discover all of the facts.
2- I have NEVER asked for "your assistance"! Your Cathedral City officer had an invitation to attend a meeting in my home with Senator, Denise Moreno-Ducheny's aid, Pat Cooper, Kim Trone, Desert Sun reporter, Madelene Patterson, documentary filmmaker, along with several homeowners from various associations regarding HOA problems of non judicial foreclosure. Your officer called and said she would attend and NEVER came. So much for YOUR interest in the problems of "the people" -- Hispanics are the most non-judicially foreclosed on group of people in America.
3- I have no interest in ever contacting your office again. It is quite obvious you have no interest in this cause, even though it is right in your own back yard.
STOP sending me YOUR political propaganda - I will never vote for you! In fact, I and many others in HOAs will be supporting any candidate who challenges you, and telling them, and everyone else what you have done to me.
Let this letter serve as final notice to you to remove my name from your mailing list, and, stop harassing ME!

Cc: Senator Denise DuchenyEdwin Olavi, Investigator, CHP; Sergeant Laura Hanlon, "Professional Standards"CCPD; AHRC. com All other interested parties

Investigator Olavi has found me to not be a threat!

May 14: Ms. Garcia, out of mean-spiritedness filled 8 petitions for a restraining order against me, with no police reports, no proof of statutory criteria, and in violation of my constituionally protected rights.

May 2006: The restraining order of Bonnie Garcia is void on the face, and Commissioner J. McCoy agreed to dismiss it as such if I would have Brhel and Harmon personally served. One of Garcia's office workers, "Candy H." was in court during these proceedings, yet I was still falsely arrested when I went to the Garcia office -- to challenge this bogus, void on the face order, and at a Preliminary Hearing, the Garcia staff member lied, and did not bother to tell the court the truth of this being a void order!

June 2006, Bonnie Garcia's aide then went into a Preliminary Hearing, RE: People v. Sharon Stephens; Case: INF054715 , and lied, stating I had violated [a void on the face] restraining order by going to her office, to make a complaint.

I am filing a petition to have all of these bogus orders dismissed, but I spent over a year in jail, much of it in 24 hour a day solitary confinement, as is documented on this blog, with much abuse.

Assemblywoman Bonnie Garcia could dismiss these void orders on her own, but refuses to do so.

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. Berkeley Property Owners Ass'n, 207 Cal.App.3d 719 (1989). Schild v. Rubin, 232 Cal.App.3d 755, 763 (1991)

Course of conduct" is defined as a "pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Code of Civil Procedure 527.6(b); see also Leydon v. Alexander, 212 Cal.App.3d 1, 5 (1989)

A trial court may not issue an injunction against harassment unless it finds by clear and convincing evidence that unlawful harassment already exists in fact. Code of Civil Procedure ß 527.6(d); Schraer, supra, 207 Cal.App.3d 719.

Constitutionally protected activity is excluded from the meaning of 'course of conduct', Code of Civil Procedure 527.6(b), there is no need to entertain the traditional inquiry as to whether clear and convincing evidence exists warranting injunctive relief.

There must be medical, psychological, or other evidence establishing that the 'harassing' activity is the cause of "substantial emotional distress" within meaning of C.C.P. 527.6(b)). Schild v. Rubin, 232 Cal.App.3d 755, 763 (1991)

Elder Abuse Law: Penal Code 368: Elder abuse protection applies to any resident in California who is 65 years of age or older; Broadly speaking, abuse includes physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering...

I want Bonnie Garcia's bogus and void order dismissed, and my name removed from the "Threat List" in Sacramento. I shall continue to pursue this.

Such void on the face judgments lack jurisdiction and can legally be ignored as they neither bind, nor bar anyone. Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud. [Citations.]" 7 Witkin, Cal. Procedure, Judgment, Â 286, p. 828.

MRS. BONNIE GARCIA, Assemblywoman from Palm Springs California is NOT a friend of homeowner associations, or the very people she has taken an oath to protect.

Assemblywoman Bonnie Garcia, and Cindy Uken's Yellow Journalism

Homeowner requests fair news reporting by the Desert Sun
June 19, 2004
By Sharon Stephens
Cathedral City, California -

The following is a letter to Ciny Uken, the opinion editor of The Desert Sun in Palm Springs, California from a homeowner, Sharon StephensDear Cindy Uken,Re:

Your "story" PHONE, FAX OPEN DOOR TO WOMAN'S 'HARASSMENT' What a slanderous and slanted piece of commentary this is!!! And, you didn't even ask me for my side of the story.

You are a journalist?

Then there are the FACTS:Bonnie Garcia , my local State Representative, was not in court on Thursday. However, she will be on July 19, at 8:30 AM to answer to this blatant SLAPP suit.

Garcia didn't file for these 8 Restraining Orders, using taxpayer's money of over $2,000 until after I said I would "not vote for her, and would tell everyone what she did to me. Now Garcia is using individuals from my homeowner association as her "witnesses." These are men named in my cases against the homeowners association for battering me and other illegalities. These men are her "witnesses"; even though they are being sued right now, and have cases pending in the District Attorney's office for battery. Great guys to associate with Bonnie!

As for the Cathedral City Police, they filed a Restraing Order against me when I demanded an investigation into the Bonnie Garcia incident, where two officers went to Garcia's office and slandered me to her staff. I have a witness, [Madelene Hunter-Patterson.]

They want me to "shut up" about this incident, and, what better way? ALL of the phone calls I made were to make a legitimate police report, and the dispatcher continued to hang up on me, refusing to take the report, or to connect me to an officer who would take the report.

Wonder if the Desert Sun will allow me to answer this piece of yellow Journalism?
I doubt it; they have continuously refused to do stories on real homeowner association problems.

The readers of the Desert Sun need to ask, WHY they sensationalize "stories" that refuse to present both sides of the issue?

.

COMPLAINT: HONORABLE B.J. BJORK; Riverside County, CA

TO
Commission on Judicial Performance

455 Golden Gate Avenue, Suite 14400

San Francisco, California 94102

May 23, 2008

From:

SHARON STEPHENS

760.835.8210

RE:

HONORABLE B. J. BJORK

Larson Justice Center

46-200 Oasis Street; Indio, CA

Riverside County:

People v. Stephens; Case # INF054715

On June 8, 2006 I was falsely arrested while going into court to dismiss a void on the face restraining order, by Riverside County District Attorney, Rich Twiss on a 422.6 (A) PC, Misdemeanor hate crime action. I have no idea on what basis that charge was made.

A quick reading of the case, Trylson v. Stephens INC57008 would have proved it was void on the face, and, Commissioner J. McCoy had already agreed to dismiss it; this is all in the court record, and, in fact there was a Charging Affidavit for Perjury against Trylson, and her witness, Kent Robins.

The truth and evidence was there for District Attorney Investigator Twiss to ascertain.

Investigator Twiss detained me from going into court on official proceedings: 18 U.S.C.1515 (a) (1), (i) a proceeding before a judge or court of the United States which is Obstruction of Justice, 18 U.S.C 1503, which is also a Perversion of Justice, PC 182.5, which is also Contempt of Court. And, I received no Miranda rights: California v. Prysock 453 U.S. 355 (1981).

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; see In re Berry (1968) 68 Cal. 2d 137, 147

Twiss handcuffed me, refused to let me appear in court, and would not hear what I had to say; he literally marched me through the court house, to HONORABLE B. J. BJORK, who imposed on me the excessive, unconstitutional,unreasonable bail of $500,000 -- on a unproven misdemeanor!

The Eighth Amendment itself does not speak of any right to bail, but it does prohibit the imposition of excessive bail.

I asked Judge Bjork for release on my own recognizance (O.R.), and told him the order is void. In a most rude, and insensitive manner, Judge Bjork denied me O.R., and told me, You had better hope the order is void! and then he had me incarcerated in jail, where I was not allowed even a phone call until June 22, and remained for over a year, suffering much well-documented abuse.

An officer may detain a person for a reasonable time to conduct their investigation, Terry v. Ohio, 392 U.S. 1 (1968). Rich Twiss did no investigation; he in fact ignored me. And, Judge Bjork could have looked at the case, on the computer to see it was void, and, he could have allowed me to continue on into court.

I believe, Judge Bjork and Mr. Twiss was guilty of recklessness, oppression, fraud and malice in this commission of abuse against me.

Elder Abuse Law: Penal Code 368: Elder abuse protection applies to any resident in California who is 65 years of age or older; Broadly speaking, abuse includes physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering...

On April 4, 2008, at 8:30 AM, I was back in DEPT. 3N before Judge, B. J. Bjork. He was his usual rude self.

It has taken me months to emotionally begin to pursue the necessary complaints in this case, and, there are many -- which I have had served, and are now recorded in the court record of this case.

.

RIVERSIDE COUNTY DA INVESTIGATOR MISCONDUCT

FORMAL COMPLIANT
Penal Code 148.6

RICH TWISS
Investigator
Riverside Co. District Attorney
82-675 Highway 111,4th Floor
Indio, CA 92201

RE: People v. Sharon Dale Stephens
Case: INF054715
MAY 14, 2008
MAILED MAY 14, 2008

FROM: Sharon Stephens:

District Attorney Investigator, Rich Twiss met with Jill Reed, and Darlene Trylson on May 24, 2006. He certainly had more than enough time to "investigate" whether these women were telling the truth, e.g., was the order of Trylson "valid" as she claimed? A quick reading of the case, INC57008 would have proved it was NOT! It was void on the face, and, Commissioner J. McCoy had already agreed to dismiss it, and this is all in the court record. And, in fact there was a Charging Affidavit for Perjury against Trylson, and her witness, Kent Robins.

The truth and evidence was there for District Attorney Investigator Twiss to ascertain, but he was so anxious to win, that he went on to allow the District Attorney to ignored my right to a fair trial, and never did the required investigation of the cases they were prosecuting me for. SEE: Model Rule of Professional Conduct Rule 1.1, cmt. 5 (1983) (amended 1998 competent handling of a particular matter involves inquiry into analysis of the factual and legal elements of the problem and use of methods and procedures meeting the standards of competent practitioners.

June 8, 2006: Consequently, false arrest! A false arrest consists of unlawful restraint of a person’s liberty without proper legal authority-- there is no authority for false arrest. The doctrine of qualified immunity, under which a public officer will not be held liable for a federal civil rights violation if he or she acted in good faith, has no application to a claim based on Civil Code Sec. 52.1, and triable issues exist as my civil rights were deprived by means of threats, intimidation, or coercion.

Investigator Twiss detained me from going into court on official proceedings:18 U.S.C.1515 (a) (1), (i) a proceeding before a judge or court of the United States which is Obstruction of Justice, 18 U.S.C 1503, which is also a Perversion of Justice PC 182.5, which is also Contempt of Court. And, I received no Miranda rights: California v. Prysock 453 U.S. 355 (1981).

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; see In re Berry (1968) 68 Cal. 2d 137, 147

Twiss refused to let me go before the judge; instead he had me incarcerated in the county jail, with an unconstitutional, unreasonable $500,000 Bail. I did not argue or resist, though I did try and tell him, with alacrity, the case was void. An officer may detain a person for a reasonable time to conduct their investigation, Terry v. Ohio, 392 U.S. 1 (1968). Rich Twiss did no investigation; he in fact ignored me.

In Emmett Cartier v. California State Highway Patrol, et al, jury instructions sited, People v. Quiroga (1993) 16 C.A. 4th 961, 966, stating it is not a willful delay, obstruction, or interference with the duties of an officer to fail to follow the orders of an officer "with alacrity."The Random House Dictionary defines "alacrity" as,cheerful readiness, promptness, or willingness...along with the right to silence, a private citizen has the First Amendment right to question and criticize the actions of an officer even at the scene, so long as his actions do not interfere with the officer's duties.

Mr. Twiss was guilty of recklessness, oppression, fraud and malice in his commission of abuse against me.

Elder Abuse Law; Penal Code 368: Broadly speaking, abuse includes physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering...

Elder abuse protection applies to any resident in California who is 65 years of age or older; "dependent adults" who are defined as any person residing in California between the ages of 16 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, but not limited to, persons who have physical or developmental disabilities.

YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.

I have read and understood the above statement.
___________________________________
Sharon Stephens

cc: DISTRICT ATTORNEY ROD PACHECO
4075 Main Street; Riverside, CA 92501

COMPLAINT FOR MISCONDUCT

PATTON STATE HOSPITAL
and
RIVERSIDE COUNTY PUBLIC DEFENDER

RE:

Patton State Hospital;
Riverside County Public Defender;
Riverside County District Attorney;
Riverside County Superior Court; Indio, CA

Sharon Stephens
PAT 1590355
Case: INF054715

TO: Paula McCord, Patient Rights Advocate; Carlos Luna, Executive Director; Gary Windom, Chief, Public Defender; Rod Pacheco, District Attorney

FROM: Sharon Stephens; 3022 Lime Street, Riverside, CA 92501 (Cell) 1.760.835.8210

I was referred to the Patton State Hospital, Office of Patient Rights, Paula McCord by the State of California, Ombudsman For Mental Health:

California is presently cash and income strapped by at least $14.5 billion dollars with proposed cuts to be made in every State Department. Keeping that in mind, nothing is laudable or applaudable about the Public Defender's Office, with support from the District Attorney, and the courts to committ, and then warehouse defendants in criminal court cases in Patton State Hospital because there is no time to work on their case. This has resulted in a battle-scarred group of people who will be detrimentally affected and stigmatized for life as mentally ill.

It seems, neither the public, or the media, nor even the government is aware of these cruel and immoral shenanigans.

I recently went to the Department of Mental Health to be evaluated on my mental health. I have a letter that states I do not meet any criteria for services, i.e., I am NOT mentally ill. [SEE: Attachment #1]

When I arrived at Patton the intake people I spoke with had no idea why I had been sent there; I did not meet any criteria for mental illness at Patton either.

Now, I want this complaint recorded, as an Addendum to my Patton records, to offset the lies and fabrications that are in my Discharge Papers. The truth needs to be told. I have copies of all of the complaints I made while in Patton, that were ignored and never answered by staff.

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 invalid 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 because Judge Olfield had not let me present my side of the case in court, and, Trylison had not met the statutory criteria for a civil restraining order. 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 was not allowed a phone call for several days, was strapped into a prostraint chair when what I needed instead was medical help for angina, and 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 challenges to the void on the face nature of the cases against me. Every person who testified against me committed provable perjury, and another neophyte, Deputy District Attorney, Kristi Belcher knew it, and still knows it, and is working hard to put me back in jail, rather than look at the facts, or admit to her mistakes.

I am filing a complaint of prosecutorial misconduct, in which I shall show that I ought NOT to have been held criminally liable for any actions involving void on the face judgments, and that Ms. Belcher acted in an inappropriate and/or unfair manner, by knowingly witholding evidence and permitting false testimony, among other charges.

There needed to be experienced counsel from both sides, given the opportunity to discuss with a judicial officer the just resolution of my case. These void orders then would have been brought to light. No one can be punished for disobedience of avoid 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 (order in excess of jurisdiction).

My case was then turned over to Public Defender, 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, deathly ill with numerous boils from a staph infection, and was refused medical treatment. Roe was working on a murder case, and in the process of building and 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 CountySuperior Court, Indio, California, as a pro per, and, as a lay-person, and was well versed in court procedures.

I was hardly court incompetent!

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 for him!) talking with me in jail. He did no testing of my mental state, did not record any of my conversation in his report, nor did he look into any of my documented records for evidence of what I told him. He simply supported attorney Roe's request, called me paranoid and recommended to the court for my commitment. [SEE: Attachment #2 Complaint, Kania]

Patton State Hospital lists itself as: A prison hospital for the criminally insane and people charged in criminal cases who are so disconnected from reality that they are
unable to participate in their own defense at trial.

But is this statement true?

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 the court, based on a recommendation by their Public Defenders. We all knew the reason - no time to work on their case.

I do not recall meeting one person who was disconnected from reality.

An attorney's professional responsibilities, whether prosecuter, or defender 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.

Attorney, Melanie Roe had a responsibility to withdraw.

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!

THE DISCHARAGE PAPERS I RECEIVED FROM PATTON ARE FILLED WITH DOWN-RIGHT LIES AND FABRICATIONS:

There is no work, 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 terribly abused by seclusion, super-powerful psychiatric drugs --against our will, and/or restrained by shackles to beds, with denial of patients'rights, all at the cost to tax payers of about $1,500 a day. Along with this there is a prevalence of illicit drugs, and open, and unwanted sexual advances from other patients.

While there I was physically attacked by another patient [ I am still in touch with a person who witnessed this attack on me] 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. Patton fails to provide a reasonably safe environment for its patients; patient-on-patient violence is commonplace, and I witnessed it several times. I did not receive any medical treatment for my injurys from this woman, 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 warehoused in Patton State Hospital by their Public Defenders, with the help of the District Attorneys Office, and the courts.

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 money, and perpetuation of social evils at Patton State Hospital.

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 these remarkable unconstitutional violations of human and civil rights?

Sharon Stephens
cc: Shanetta Y. Cutlar, Department of Justice; Chief of the Civil Rights Division's Special Litigation Section; 950 Penn. Ave.; N.W.; Washington D.C. 20530
.