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Home My WebLink AboutL Moore packetT0- n /,~ ~~S ~ .sS v~ ~~ ~ f~n aGj P/ha~. Q h G~ f `~S-d l k, ~i ~ir-~ ~~`"~- SpRS A~ ~ S~pER~ ~° 0 2p1i ,u~. D~~E, GA~-1F~R~1P ~ ~~ ~~~ C~ ~~~~ z 7 ~,. ~~~ 717'/11 From: Leslie Moore P.O. Box 7423, Chico, CA 95927 (530) S i4-3672 To: C C = ~ ~ ~nvH ~~ • Butte county Grand rury • City of Chico Risk Management • County of Butte Risk Management rt r.2~ 1xj/~- ~ r~~e( ~,-L aid ~ This is my latest update regarding the ongoing series of criminal acts committed by members/employees/afficials of the Chico Police Department, Butte County District Attorney's Office, Children's Services Division, acrd Butte County Superior Court. The crimes are being committed in a retaliation vendetta/silencing campaign against me for my having made a complaint against a police ofFicer_ They inhumanely abused a child in this retaliation. First I must introduce the child. Ids name is Kenny_ He was bom into my family in August of 2003 as my non-related grandson_ His mother gradually abandoned him and my home became his home-base. He began living with me nearly full-time in early December of 2006, and then full-time as of September of 2007, when proceedings were instituted to terminate his mother's (`Dawn'} parental rights. With Dawn's blessing, I was adopting Kenny. So, though we call each other `grandma/grandson', my role was that of parent to Kenny so I refer to him as my child where context requires. The fact that Laws and my rights were violated in this case is best summarized by the federal court's emphatic declaration that `There is no sound reason to deny a person who has voluntarily assumed the obligations of parernhood over a child the same basic rights to due process a natural parent posses when the state intervenes to disrupt or destroy the family unit. It has always been the policy of our laws to encourage family relationships, even those foster in chazacter.' And introduce the original criminal and civil violations that the ongoing violations are being committed to conceal: In ranuary of 2008, I reported tv police that I had been the victim of domestic violence by my police officer husband. The police told me my domestic problems are none of their business_ This response included at least two failures to perform mandatory duties on the part of police and resulted in an escalation of the violence, so I obtained a restraining order/residence exclusion. The court perverted justice and failed several mandatory duties in relation to the restraining order proceedings. Then the police decided my domestic problems were their business and they conducted Internal Affairs investigations along with the District Attorney. This was improper as Internal Affairs investigations are only into complaints of on-duty acts. When I offered the investigators evidence of my claims, they used fraud and threats to dissuade me from further participation. These were crimes too. Then, on 4123108, the Police, Distract Attorney, and Children's Services conspired and they detained Kenny from his day care without warning or vsrarrarrt -because he `witnessed domestic violence.' This constitutes unreasonable seizure, punishment of the victims, and kidnapping. They then filed a WIC 387 petition in Butte County Superior Court asking it to order Kenny's continued detention. In their petition, they claimed the domestic violence had occurred just prior to the detention and they intentionally excluded the evidence they had that the domestic violence had occurred months prior to the dete~.ion and the evidence they had that I had successfully taken the appropriate action to protect him from witnessing further domestic violence at that time_ After the detenrtion, they added a charge that I had `allowed Dawn unauthorized visits with Kenny at my home' and of course they also intentionally excluded the evidence they had that, again months prior to the detention, I had taken successful action to ensure Dawn's visits to my home occur elsewhere. The perjury, false dating, and intentional exclusion of exculpatory evidence are crimes too. The court used physical force to obstruct me from the hearing on the petition and ordered Kenny never to have contact with any member of his family of origin and that he would be adapted out to strangers_ This without a single goodbye to any member of his family of origin or his many teachers and friends, and without a single toy, or book, or piece of clothing to take with him_ This was a violation of my due process rights, felony obstruction of justice, and child abuse. Many more crimes and failures to perform mandatory duties followed this and continue to this day. And Kenny is still being illegally detained as `When a judge acts as a trespasser of the law (as she did in this case) she has exceeded jurisdiction and her orders are void - of no legal force or effect.' Additionally, `A judge may not rely on immunity when he or she performs an act that is not "judicial" in nature (see Sparkman, 435 U.S. at 360). Far example, when a judge used physical force to evict a person from the courtroom' (see Gregory v. Thompson, 500 F.2d 59, 63), and `Moreover, any authorization to use excessive force could shield neither a judge nor bailiff, we suppose, since that authorization would be clearly outside the jurisdiction of the judge.' Bear in mind as you read this that those involved have consistently used fraud to convince those who hear my story that they did nothing wrong by detaining Kenny without warning or warrant and that I had no due process rights in the ensuing court proceedings. However, the law states that the police anchor social workers cannot detain any child without a warrant unless he is in immediate danger and that doing so constitutes kidnapping and is so serious that it can be punishable by death (see WIC 305, WIC 306, PC 207, and 18 USC 242), and, as stated above, the federal court emphatically states that I had all the due process rights of a natural parerrt. In this case, the police/social workers didn't even claim that Kenny was is immediate danger -the reason given for the detention was that he witnessed domestic violence. This makes the detention especially outrageous in that, in the words of the federal court again, `taking a child from the non- offending caretaker because he witnessed domestic violence constitutes unreasonable seizure and punishment o, f'the victims.' The California law under which the ensuing court proceeding was conducted is WIC 387. It reads, in relevant part, `A supplemental order removing a child from the physical custody of a parent, guardian, relative, or friend, sha11 be made only after noticed hearing.' The California appeal court, in In re 3onigue W. 26 Cal_ App. 4`~ 685 explains WIG 387 in detai_ It states very clearly that, as: • `the relative or friend who is in a position to deny the allegations on the petition' • `the person whose conduct precipitated the filing of the petition', • `the person whose conduct is at issue in the 387 proceeding', • `the present custodian', • `the interested party', I had a due process right to `abject to the allegations on the petition and to subpoena and examine persons and documents and introduce evidence by way of rebuttal' at the WIC 387 hearing. Instead, the court ordered the use of farce to abstract me from the proceeding and sustained the petition based solely on inadmissible evidence {see In re Josue W which states the social worker's report is admissible as evidence unless I had been provided copies and afforded the opportunity of the legal process, and PC $32.7 e 2 ,which states that the conclusion of the police investigation is not admissible as evidence in any proceeding). In this instance, besides the fact that what occurred here: The issuance of summary judgment by police being summarily sustained by the court without even allowing an objection, which is the very definition of a police state, the judgment constitutes cruel and unusual punishment_ This caused me severe physical, emotional, familial, and financial damage. According to the United States Code, `It is a federal crime for anyone acting under color of law to deprive or conspire to deprive a person of rights protected by the constitution or laws of the United States' {18 USC 242). The tune statute far initiating criminal proceedings for the lesser crimes committed in this case is four years. There is no time limit on the worst. The earliest crimes occurred on 9112107, the worst between 4123108 and 1129109, and the crimes continue, the most recent occurring in May and June of 2011. In addition, the court twice used physical force to prevent me from reporting this victimisation to any judge, which is a felony as well {I'C 136.1} and I am being intimidated from exercising my right to petition the court for relief and my right to petition the government for redress of grievance is being interfered with by improperly withholding records and information I need to enable me to ascertain my claim. Interfering with, intimidating a citizen from exercising her constitutional rights is also a crime_ I am providing athree-column outline of the everns -each major event is separated into sections separated by a Sine. The first column is the event, the second is the authorities, and the third lists the probable cause supporting my allegations. The probable cause column is incomplete as there are several boxes of documents which must be cross- referenced, making it impossible to poi~rt out the evidence in writing and I must personally point out the evidence as it is di#ficult for crthers to see and find and because when, in the past I have provided some of my evidence, this resulted in the criminals becoming aware of what evidence they left at the crime scene and sa they `clean up the crime scene'. Examples include altering records and committing perjury in court, which are crimes in themselves {PC 132, PC 11&, PC 115). Any investigation by the Police, District Attorney, or Grand Jury should include my full statement and presentation of authority (the relevant laws) and probable cause {my evidence) to support my allegations. It is a felony to prevent a person from presenting true evidence to an investigation. Within the mailing to the City and County I have included the government Claim form. As you know, the time statute for filing a claim for damages is b months after the last in the series of events and 6 months after I am provided the records and information I need to enable me to ascertain my claim and 6 months after the intimidation ceases. I periodically file claims, hoping for relief Obviously, I must devote my time to trying to protect myself from the ongoing crimes urnil such time as they cease. Once they do and I am provided the records, I will file an updated ciairn_ Should you decide to take the appropriate action now by arresting the crimes, compensating me, to the degree possible, for the damages inflicted, and ensuring me that the appropriate action has been taken to train employees/agents/officers as to the laws and their duties, I will settle for: • 250,000 - 500,000 monetary compensation. The amount depends on what portion of the 250,000 of my property I am able to recover via appealing the deprivation of it without due process. The remainder can be from any combination of liable persons and entities based on a determination of percentage of fault. • Everything I need to recover, to the degree possible, from the physical injury, including money to be tested to determine the exact physical injury and so the precise treatment, and money for that treatment, and everything I need to reconstruct the trauma story, which is prerequisite to recovery. For this I need all the records I have been requesting and then answers from those involved as to anything I cannot discover in the records {i.e., what I'd have had three years ago had I not been deprived of due process: My right to be timely provided copies and an opportunity to subpoena and examine persons and documents and introduce evidence by way of rebuttal}. • That the City andlor Coumy provide me with full coverage health insurance for life • The eventual release of Kenny from his illegal detention, beginning with a conference between myself and any and all of the social workers, therapists, and doctors he has seen since his detention and the persons he has been placed with and his teachers, so that I can catch-up on what he's been experiencing and how he has been adjusting, an apology and explanation to Kenny and myself and his family, and then visits to his family's homes increasing in frequency and duration, and then a re-determination as to his best interest, including consideration of whether he has bonded to any new fancily and whether my gaining relief from this crime spree via this settlement offer being accepted, and so all court proceedings ending, will allow me to recover to a sufficient degree to raise Kenny in his own home. • Criminal prosecution of those involved in this cover-up. • Training of police, prosecutors, judges, and social workers as to: 1. Detaining children without a warrant if the child is in no immediate danger 2. Taking a child from the non-offending caretaker because he witnessed domestic violence 3. Implementation of Officer-Involved Domestic Violence policies by all law enforcement agencies within the County and the Cities within the County. The International Association of Chiefs of Police has a model policy and there is grant funding available to departments to assist in their implementation. 4. Training regarding conducting investigations of domestic violence as if if were an investigation into the performance of an officer's duties 5. Training as to the meaning of `the dominant aggressor in a domestic violence incident is the mast significant, not the first, aggressor.' 6. Training as to WIC 387 -that an order removing a child from the physical custody of a parent, guazdian, relative, or friend shall be made only after noticed hearing, in which hearing the person whose conduct precipitated the filing of the petition, the relative or fi-iend who is in a position to deny the allegations on the petition, the present custodian, the person whose conduct is at issue in the hearing on the petition, is to be timely provided copies of the social worker's report and given an opportunity to object to the allegations and to subpoena and examine persons and documents in that hearing and to introduce evidence by way of rebuttal. 7. Training that the names, addresses, diagrams, statements of involved and witnesses etc. to an incident investigated for correctional purposes (Internal Affairs Investigations) shall be disclosed to certain interested parties without filing a Pitchess Motion. 8. Training that CSD is mandated by law to notify and interview the subject of an investigation of child abuse and then to disclose the statement of the person who made the report of suspected child abuse and a copy of the investigative report that led to the summary report filed with the Department of justice to the person whose name they listed on the DOJ's CACI_ 9. Declaratory relief in the form of a written apology for violating my constitutional rights and inhumanely abusing Kenny. DATED: SIGNED: r ~/~~~ ~ In early September of 2007, the Welfare fraud investigator notified Dawn that her welfare was going to be cut off because they learned that Kenny vvas living with me_ On or about September 12, 2007, Kenny's mother went to his day care intending to take him. The day care workers deemed her to be in a drugged and dangerous condition that day and so called the police to intervene. They called Kenny's grandpa -CPD Officer Terry Moore (`Moore'} -using his direct line at the ponce department. Moore told them to release Kenny to his mother anyway. The day care did so and called the police deparnnent's 91 I line to report this child endangerment. When I learned of it, T went to the police department to personally make a report of this child endangerment and to make sure that there was a record that Kenny had a family were he to be found in danger or abandoned. Officer Jose Lara took the report but falsified it as if it were a report of a missing person though he knew Kenny was not missing but was with his mother and in danger. He did not forward this to CSD_ On or about 9113107 the police detained a child in a dangerous condition. When they found out it vas Kenny, the notation T had insisted Officer Lars put in the record that Kenny had family worked, so the police called me. Pamela Richards of CSD placed Kenny in our home without doing PC 273 a and PC 11165.3 -Child Witness statements endangerment Welfare fraud records PC 11 S.1-Police officer filing a false report CPD CAD printouts PC 11166 -Police to forward reports CPD Missing person report of suspected Child endangerment to CPS and DA CPD Incident Report CPD/CSDBCDA records WIC 309 anti 362.7 -Mandatory CPD report home investigation prior to foster placemerrt CSD contract DSS 31.31 and 61-Mandatory C5D records monthly visits with foster child Witness statements PC 115 - Filing a false documefrt with the state the mandatory home investigation prior. This was done as a professional courtesy to officer Moore. After placement, Patricia Pars of CSD was assigned to do the home inspection. She finished it on or about 10/1b107 and never visited us again. In early January of 2008,1 was beaten and strangled by Moore. He then reminded me of previous threats he had made to dissuade me fram reporting the abuse or divorcing him: That he would abuse his power as a police officer to retaliate against me and to impute to m~e deformity, disgrace, and crime, and to take my children, my home, leave me penniless and possibly kill me and make it look like suicide or have one of his confidential informants murder me if 1 reported the abuse or touched his money by divorcing him, and that he `Can do anything he wants and get away with it because he is a cop.' PC 13700 -- Abuse_ lrnentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another_ PC 23b_ 1 -Human Trafficking. Depriving person of personal liberty or to Obtain forced services ar with the intent to effect extortion and accomplished via coercion, duress, menace or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out. PC 5181519 -Extortion. The obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of off cial right. Fear, such as will constitute extortion, may be induced by a threat, either: To do an unlawful injury to the person or property of the individual threatened or of a third person; or, to impute to him or them any deformity, disgrace or crime Crime Scene Witness Statements My notes for police report My statement to District Attorney and to D'€ssolution re Support Non-Testimonial evidence - my lift prior to escape Non-testimonial evidence - Ensuin€ Acts of officer Moore = my fear of his threats was reasonable PC 135.1-Threats to dissuade a victim from reporting that victimization On January 22, 2008, I requested assistance from Chico Police Department in my situation involving domestic violence_ I asked my report be taken away from the police department due to my fear of Moore so it was taken at Starbuck's an East Avenue. I stated there was physical violence and acted out the early January beatinglstrangling and asked their assistance in getting Moore to stop or get out of the house, otherwise I would have to get a restraining order, which I believed at the time might affect his jab. O-H~cer Robert Merrifield responded by telling me that my domestic problems are none of their business and Oi~cer Loretta MacPhail responded by asking me `What is it you want? Do you want Terry to pay more attention to you?' They refused my request that they tape record my report, ignored the obvious indicators of human trad~icking, took no report, and did ,not forward my complainrt to the chief. PC 13'701 -Police to respond to request for assistance in situation involving domestic violence the same as any other request for assistance where violence has occurred PC 13730 - Police to take written incident report of all domestic violence requests far assistance CPD DV Polic Cl C2 -Numbered reports shall be taken On incident report form PC 236.2 - When a peace officer comes into contact with a person who has been a victim of a crime of domestic violence, the peace officer shall consider whether the following indicators of human trafficking are present: Signs of trauma, fatigue, injury, or other evidence of poor care. The person is withdrawn, afraid to talk. CPD DV Poli B6b Officer is to consider victim's fear and unwilling to speak in front of aggressor Telephone records CPD Com faint Palk Ala -Any act or omission which could constitute a crime C1 - Statemern should be tape recorded D3, 4 - If allegations aze criminal, complaint forwarded to chief DS -Audio tape whenever possible My request for CPD Incident Repor = no report on file BCDA conclusion of investigation - Merrifield and MacPhail admit I reported Witness statements This police response resulted in an escalation of the domestic violence, so Kenny and I stayed with others or I had others stay with us as a measure of safety until I finally left with Kenny and we stayed in motels while I worked on getting a restraining order. On 2127108 I filed the request for a restraining order/residence exclusion in BCSC. In the back roam outside my presence, Commissioner David Gunn arranged for a stipulation to a non-DV order `because a DV order would affect respondent's job', but this was `in name only' as a contested hearing was set for the DV. The stipulation was made without explaining to me how it would affect me and under duress due to Maare's threats, and it was unnecessary as there is an exemption to the `no guns' clause if a restrained person has to carry a gun as a condition of employment. Commissioner Gunn did not address custody of Kenny, protect him from threatened abduction, or mark PC 13701(6} PC 96.5_ FC b383~~ PC 136.2 a and CCP 1 a - Gourt perversion of justice in protecting respondent's job instead of intent of law to protect victim's safety, CCP 166 -arranging unnecessary stipulation made unknowingly and under duress and in `back room' FC 6323 a 2 A and FC 3041-~ Court to order custody of de facto/pre-adoptive child FC 304$ 1 -Court to protect child from threatened abduction PC 236.2~fl and LRC 13.1 -Court to prominently mark related DV and N cases Telephone records Witness statements Court records My government claims form to City of Chico Motel receipts Calendar and appointment schedule Court records Witness statements Court minutes Fax from attorney related DV and JV case jackets After I got the TRO, CPD Captain Tohn Rucker contacted me. He refused to tike my complaint, which was of Merrifield and MacPhaii's inappropriate response to my earlier request for assistance. Rucker indicated CPD was going to conduct an investigation of the DV - and that it was going to be done improperly as though it were an investigation into the performance of an officer's duties - an Internal Affairs Investigation (`iA'). I told Rucker I was not interested as I had taken care of the problem by getting the TRO and that if there was an investigation it should be done by an outside agency, but CPD continued to harass me to give a statement. CPD Lieutenant NI'ichael O'Brien was assigned to conduct the IA He continued to harass me for a statement, while at the same time using tactics that intimidated me from giving a statement. So I telephoned O'Brien's supervisor, CPD Captain Maloney, asking him, "You guys already told me my domestic problems are none of your business, why is it now?" His response that, "It would have been if you'd alleged any physical violence" indicated to me that officers Merrifield and/or MacPhail had lied to the investigation, as i had not only alleged physical violence PC 148_ 2 -Citizen has a right to make complaim against police officer GC 1045(x) PC 148.6(a and_San Diego Police Officer's Assn v San Di o Police 't 7b Cal. .4'~ 19 - An IA is only into police misconduct during the performance of an officer's duties PC 13b_ 1-intimidation of victim from participating in investigation PC 118.1- Police officer committing per]Ury t0 all tnve5tlgation CPD records - no complaint on file Witness statements Telephone records '1~Vitness statements My notes far report of 1122108 Telephone records CPD tapes of telephone conversations CPD tape of me telling them what 1 thought of their investigation verbally several times in my report to them, I even enacted a portion. of the early January incident. So I released myself from this `investigation' . Moore's personal attorney, Crary Wilson, had revealed in an earlier unrelated case that it was his custom and practice to file things late in order to put the apposition at a disadvantage because it is the custom and practice of BCSC judges to ignore this. Wilson and BCSC followed this practice in this instance. Moore's response to my request for a restraining order was sent 50 that It amved at my attorney's office only one day before the hearing on the matter. At the hearing on 3/25108, Judge William Patrick, who later recused himself for cause due to a self- prociaimed bias, was seated- I was not shown Moore's response to my request for the TRO and it was represented to me that Moore had stipulated to the DV and that the hearing that day was only going to be about spousal support. I was fearful of taking any spousal support as taking arty money from Moore would have increased my already extreme danger. Patrick issued the non-DV order, again failed to address custody of Kenny, protect him from threatened abduction, or mark related DV and JV case jackets. The contested hearing as to the DV was continued Court form -Instructions for filing response to request for TRO =must be filed and served 10 days prior to hearing LRC 2.4 Late filings to be clearly marked and may be rejected CCP 170.4 Recused judges can't make rulings PC 13701 PC 96_S FC 6389 h PC 136.2 a and CCP 1 a -Court perversion of justice to protect respondent's job instead of victim's safety, still using unnecessary stipulation made unknowingly and under duress and outside my presence FC 6323 a 2 A and FC 3041 - Court to order custody of de facto/pre adoptive child FC 3048 1 -Court to protect child from threatened abduction PC 23620 and LRC 19.1-Court to Witness statements Court records Witness statements Court records #0 5124108 When it started becoming evident to CPD that I was not going to give a statement to their TA, they turned me aver to BCDA, who began to harass me for a statement. I agreed to go to BCDA's Office on 3117108. I made it very clear to BCDA's investigator, Lieutenant Rick West, that, if anything, he should investigate CPD's inappropriate response to my request far assistance. West stated that he would not investigate my actual complaint, but I insisted, and he agreed to consult with `higher-ups'. I told West that I did not want to pursue charges as to the DV but he told me that it would look bad on me if I did not give a statement. So I returned to BCDA on 418108, at which time West informed me that he had checked with `higher-ups', likely BCDA Michael Ramsey andlor his chief investigator, Kory Honea, in regard to investigating my complaint, and that he was told that BCDA would not take my actual complaint. Wanting to ensure my words were not misconstrued as to the DV, I gave a complete and detailed statement in ~vrzting and agreed to be interviewed. The investigation seemed to be focused. on the early January event. At West's request, I enacted the entire event for him_ He informed me that what I described was a crime but that no charges would likely be filed as the decision on prominently mark related DV and 3V cases Published literature from De artment of Justice -Local steps for making a complaint about police =police, then DA, then Grand Jury, then DOJ PC 148_ 2 -Refusal by District Attorney to take complaint PC 118 -Perjury to court - re my mental health PC 11 S -- Perjury to court - re I made false allegations PC 1.36.1 -Dissuasion of victim from assisting in investigation/prosecution of crimes PC 137 CC 1572 Use of fraud to induce a person to withhold true testimony or material information from a law enforcement officer PC 868.6 -Nonthreatening envir©ament for minors involved in the judicial system ig a separate roam PC 518/519 -extortion via threats to impute to a person deformity, disgrace, or crime CPD DV Poli B6b -Eyewitness statements shall be taken from children PC 579.05(b) (1_ }-Prior to the commencement of the initial interview by law enforcement authorities or the prosecutor BCDA records Crime scene Court records CSD records My medical records Witness statements DA tapes of interviews My tapes of interviews Statemems by others to other investigations and court My telephone records, calendar, anc vet appointment Envelope showing date TRO response sent My requests for investigation and the responses CPD letter that investigation was started after the TRO whether to file was based `not on whether he did it, but whether it can be proven.' I finally received Moore's response to my request for the TRO on around 4/15/x8_ This was the first time I saw his response to my request for the TRO and so my first opportunity to learn that he was in fact enacting a couple of his pre- separationthreats. He, as is typical in OIDV, had told me that if I reported the abuse, "Who do you think they`ll believe?" And that he would `tell them you're mental' to discred€t me. His declaration to the court consisted oftwv statemerns: That my allegations were `false and untrue' and that i had `mental issues`. On 4/17108, I showed West Moare's perjury and told hirn Moore was impeached because Kenny had witnessed the violence. West excused Moore's perjury and refused to accept evidence I offered, including my medical records showing the falsity of the `mental' issues allegation, and statements of my family and long-term friends and neighbors that would have attested to the falsity of the `mental' allegation and vouch for my honesty, and West did not pursue evidence he should have pursued as an investigator, most importantly the crime scene that would have verified the truth and accuracy of my enactment of the January event. When I insisted he consult the evidence, he threatened to find one to be the dominant aggressor. This being ridiculous, I did not back down, so he used fraud to dissuade me from participating, telling me that Kenny would have to be put on pertaining to any criminal action arising out of a domestic violence incide~rt, a victim of domestic violence or abuse, shall be notified orally or in writing by the attending law enforcemezrt authority or prosecutor that the victim has the right to have a domestic violence advocate and a support person of the victim's choosing present at the irrterview the stand because he witnessed the violence and the opposing attorney would `rip hirn to shreds and traumatize him on the stand.' Any trained prosecutor would know that it is a duty of the investigator to take eyewitness statements from children, and that they do not put children on the stand as he described, but I was unawaze of these things at the time so this was very effective dissuasion. West left the room to `make copies' and returned, telling me he had `forgotten' to provide me a domestic violence counselor at the outset of his investigation. He introduced BCDA DV counselor Pamela Charribers_ After a short meeting with her I went outside to check an my dog and returned to finish the interview with West. I made an appointment with the city manager to tell him what CPD was doing and to ask his assistance but between the time I made the appointment and the date it was to occur.. . Beginning 4/I7I08, CPD, BCDA and CSD began conspiring and, on 4123/08 - -Erin Sweet and/or Jorje Lozano and/or Patricia Parra of CSD detained Kenny from his day care without warning or warrant. I was not provided any information. I called CPD and discovered they had been in on it, likely Linda Dye and/or Doe. CPD disabled my telephone, preventing me from calling family in this time of trauma PC 305 PC 306 PG 207 18 USC 242. -Kidnapping (Detaining a child without wazrant though he was in no danger). 1 S USC 242. see Nicholson v Sco_poetta 344 F_3d I54 -Detaining a child from the non-offending caretaker constitutes unreasonable seizure and punishment of the victims My calendar Manager's calendaz Witness statements Telephone records - CSD not call and leave messages CPD Tape of my telephone call aftf abduction CPD tape -they provided a stand-b to keep the peace while the abduction was enacted Records of Youth and Family and CSD re the day the Dawn's visits t~ and, when I finally got the telephone unblocked I, and several members of Kenny's family, called CSD repeatedly. They would not return my calis_ I kept calling higher ups and -over 24 hours later -CSD left a short note on my door stating their excuse for committing this violence against Kenny and myself was because Kenny had witnessed the violence committed against me nearly four months prior. They also falsely claimed to have `called and left messages' and that my `car was not in the driveway' prior to the deternian_ Then they filed a WIC 387 petition in the court asking it order Kenny's continued detention. They did not provide me the petition so T called higher ups until 1 reached the state level and CSD finally - three days after the detention - provided me their petition_ It falsely claimed that the DV had occurred within the eight weeks prior to the detention and that I had allowed Dawn unauthorized visits to my home and that there were no reasonable means to protect Kenny from witnessing DV or visits with his mother at my home, though CPD, BCDA, and CSD knew, and had evidence, that I had successfully taken the appropriate measures to protect him from both of these things months prior to the abduction. The detenrion hearing was set for 4128108 -five days after the detention. WIC 309 -Failure to maintain child ~ my home were hal#ed with family and provide services if necessary CC 43 -Deprivation of right to protection from injury to personal relations Witness statements Note CSD left on door WIC 387 petition PC 182 -Conspiracy to falsely move or mainrtain any suit, action, or proceeding, to commit acts injurious to the public health or morals, or to pervert or obstruct justice or the due administration of the laws PC 11165.3 - Causing a child mental suffering PC 11164 -Causing psychological harrn to child PC 1 i 165.2 -Maltreatment of child PC 118 -Perjury -that the DV occurred in the previous eight weeks PC 118 -Mare Perjury -that Dawn's visits to my home were unauthorized until I asked they be conducted elsewhere. PC 134 -Falsely dated document to court -that the DV had occurred within the previous eight weeks PC 141 -Intentional exclusion of exculpatory evidence - that I had taken effective measures to protect Kenny from witnessing DV and visits with his mother to my home over eight weeks prior to the detention GC 820.21 -Civil liability for perjury and internional exclusion of exculpatory evidence by social Telephone records Youth and Family, court, and BCDA records--Dawn respecting visits occur elsewhere I arrived 15 minutes earlier than the scheduled. S_30 hearing on the petition to find my case was in session so I entered the courtroom. BCSC Judge Tamara Mosbarger was seated. She ordered the bailiff to obstruct me from the hearing. The bailiff, using her hands and body bulk, shoved me out the door_ I tried to v~rait patiently and then looked in the window a few minutes later. The bailiff body slammed the door and so the door slammed me and then she pushed and shoved me down the hall while yelling at me loudly. Mosbarger did not allow me into the courtroom until after the hearing and then only to hear the sentence: Kenny was to be kept away from his home and family forever and adopted out to strangers. Mosbarger did not ask, err allow me, or any of the several members of Kenny's family of origin, who were also present, to provide any information to the court. Her order was based solely on the social .worker's report which is inadmissible as evidence unless I had been afforded the opportunity of the legal process. Ordering Kenny to be taken from the non-offending caretaker because he witnessed domestic violence constitutes unreasonable seizure and punishment of the victims, and Mosbarger did not even place Kenny in the next non-related family member's home, but simply set the jurisdictional hearing for nearly a workers WIC 387 PC 96.5 18 USC 242 Jonique W_26 Cal.App.4~" fi85 - Obst3ruudion of my due process right to be timely provided copies of allegations made against me in the WIC 387 hearing and to object to the allegations and to subpoena and examine persons and documents and introduce evidence by way of rebutter! Gr o v_ Thom so S00 F_2d 59 63- Gillibeau v_ Cit of Richmond 417 F2d 426 429 - When a judge used physical force to evict a person from the courtroom, the judge performed a nonjudicial act not covered by absolute immunity. Moreover, any authorization to use excessive force could shield neither a judge nor bailiff since that authorization would be clearly outside the jurisdiction of the judge WIC 319 -Failure of court to examine all persons with relevant knowledge CC 43 -Deprivation of right to protection from bodily restraint and injury to personal relations WIC 309 -Failure to maintain child with family and provide services if necessary WIC 361.45 -Failure to place child in next non-related family home PC 136.1 -Preventing me, via the use of force, from reporting Court records Witness statements month out and gat up to leave. So i tried to address the false accusations made against me or the crimes of perjury and false dating and intentional exclusion of exculpatory evidence- Mosbarger turned her back on me and walked out the door. She told one of the juvenile court attorneys to relate to me that I had to be granted de facto parent status if i wanted to participate in the proceedings and that if 1 attached a declaration not longer than one page, she `might' read it. David Kennedy, attorney for CSD, and Amy King, court-appointed attorney for Kenny never contacted me or any member of Kenny's family after the abduction to ascertain facts or asses the merits of the investigation. They did not ensure timelines for hearings were met and, based on information and belief, they did not even meet with Kenny or ask hirrF where he would want to live if he couldn't live with me. When i informed Larry Levine, my adoptions worker, about Kenny's abduction, his instant and correct victimization to any judge PC 111b5.3 - Causing a child menial suffering PC 11164 -Causing psychological harm to child by court PC 11165.2 -Maltreatment of child by court PC 273a(a~- inflicting mental suffering an child by court LRC 17.8 -Next hearing to be set within l5 days PC 206 - Tortw-e -inflicting severe mental suffering: Physically restraining a person while hurting a child they love PC 205 -Aggravated Mayhem - inflicti.ng disability on person via with indifference to well-being of another VVIC 3 i 7~) -Failure to ascertain facts and interview witnesses by child's counsel LRC 18.4 -Failure to communicate with child's family and foster parents by child's counsel LRC 17.7(a} -Failure to asses the merits of investigative report by child's counsel LRC 17.8 -Failure to ensure timelines far hearings met LRC 173(cl -Failure to meet with Court records Witness statements response was to jump up from the table and exclaim, `I know what CSD is doing. They are covering their asses for not doing the home investigation and home visits.' He also correctly intuited and was angry that Kenny was being used as a pawn in a vendetta. Levine told me that the DV would not affect any adoption of Kenny and that the action I had taken to protect him had demonstrated what he already knew: How very much I love and am devoted to Kenny Levine called me later asking questions that seemed to me as though he was going to `sell' Kenny to someone else_ This tuned out to be true. Levine told me it was because the `police' were concerned about my `mental condition`. Levine then hurt Kenny further by taking him from the last scrap of his familiarity: His day care and a foster placement with people he knew from the day care. Sweet and/or La~ana and/or Parra would not talk to me ar my family after Kenny's detention, yet they gave others fraudulent information. to pass onto me: That `they could not leave a child in a home where there was ever domestic violence' I filed the de facto parent request, attaching the one-page declaration and adding a second page with signatures of every member of my family and my long-term friends and neighbors in support of my plea that Kenny be returned home (or at least that we be able to help him adjust if in fact he couldn't be left in a home where there had ever been domestic child regularly by child's counsel LRD 17.3(dl -~ Failure to adhere to timelines by child's counsel WIC 317 e} -Failure to interview child aver four-years-old as to his wishes for placement by child's counsel WIC 361.45 -Failure to place child in next non--related farnily home WIC 317 c) -Failure to advocate for the physical and emotional well- being of child by child's counsel PC 11170.5 ) -Failure to investigate accuracy of allegations on petition by adoptions personnel LRC 1.7.8 -Next hearing to be set no Witness statements longer than IO days later Court records PC I82 -Conspiracy to pervert or obstruct justice or the due administration of the laws re CSD denying receiving my de facto request CSD records Copies of requests top place Kenny with family PC 96.5 -Obstruction of justice re my not being allowed to speak, and precluding appeal by not meeting the timelines for hearings WiC 361.45 -Failure to place child in next non-related family home violence -this statement was included based on my reasonable reliance on the fi-audj. In gathering these signatures I learned that Moore `had been working with Dawn to get Kenny taken away from me' since the time I requested the 'I`RO. I filed my de facto parent request on May 2 and received a filing from the court on May S granting me the hearing. Tt was set for the same date as the jurisdictional hearing 5122/0$. I was not allowed into the jurisdictional hearing either until after the hearing and again only to hear the sentence and Mosbarger got up to leave. I alerted her to my hearing and she was unawaze of my de facto pazent request and letter and CSD also denied having received my filing though the court clerk assured me the filing was made and served properly and within the appropriate 10 days prior to hearing and I had proof of this service, but I wasn't allowed my hearing and Mosbazger set my de facto pazem hearing to be conducted on the date of the dispositional hearing -which she set 6119108 -another month away. On 6119108, the judge, Commissioner Gunn this time, would not let me speak_ Gunn told me my de facto request would not be considered until after Dawn's pazental rights were terminated on 1129109 - 9 months after the detention. An unknown agency or agencies were spreading around town, `Don't talk to Leslie, she is being investigated for child abuse and her PC 11167~}~PC 11170 and_CCR 901-903 --Failure to notify me of; and interview me for, child abuse investigation Witness statements CACI listings house is bugged and phones aze tapped. Though it is usually not true that the police have a person` s house bugged and phones tapped, and it was likely not true in this case, this is a common tactic used by police to intimidate witnesses and it had the intended effect. But the part about my being investigated for child abuse was true. I was given no notice that I was the subject, listed as the suspect, of an investigation, and CSD never interviewed me for their investigation, and then CSD sent me notification that they had listed my Warne on the Child Abuse Central Index for `emotional abuse - wittness to domestic violence' (misspelling intentional). CSI) falsely represented to the state in this listing that they had notified me of and interviewed me for the investigation, and they gave a false date to the state as to the da#e of the DV Kenny had witnessed, claiming it had occurred on April 17, 20Q8, though they knew it had occurred in early 7anuary. They repeated the perjury, false dating, and intentional exclusion of exculpatory evidence. I asked for a copy of the grievance form that had been attached to the notification that T had been convicted of being a child abuser without even notifying me ofthe charges or interviewing me for the investitgation_ In this conversation with Eric O'Berg of CSD, he told me that only my name was listed on the CACI - presumably to protect PC 118.1 -Police officer communing perjury to an investigation PC 132 -False dated documents to investigation PC 14i -Intentional exclusion of exculpatory evidence PC 115 - Filing a false document with the state PC 136.1{b~ -Dissuasion of witnesses from assisting in prosecution of crimes PC I37 -The use of fraud to induce a victim or witness to withhold true testimony and/or evidence from a law enforcement official PC 137 -Use of force to induce a person to withhold true testimony or material information from a law enforcemem officer CCR/DSS-SOC 833__4c, 4i - Deprivation of sny right to the evidence preserved to an lnvestlgatian Of grievance CACI notifications My grievance filed Telephone records PC 115 -Filing another false document with the state Witness statements CSD and Butte Courrty Admin. records the perpetrator as there can certainly not be only one party to a DV incident. I verified this with O'Berg 3X. This alerted CSD to this `mistake' and the `copy' they sent me was not a copy but a new document (with `witness` spelled correctly}_ And the document to State that originally had only my name listed, now, based on information and belief, had Moore's name too. I filed the grievance with Butte County Administration, asking for an evidentiary hearing on the matter and to be provided the evidence the county intended to present at the hearing. Peter Meadowsong of County Administration refused to provide me the evidence and did not allow me a hearing but conducted another investigation. This new investigation resulted in my name being removed from the CACI - by convicting me of having made a `false report' of DV, presumably in order that Moore be exonerated since they had had to add his name when T alerted them of the `mistake' in not listing both parties involved in the DV Kenny witnessed. The 6124108 proceedings in the DV ease were again conducted in the back room and case was continued to 7122/08 because Judges McNelis and Patrick recused themselves. Tn preparation for the hearing, T attempted to get the records of the investigations. On or about June 25 and 26, 2008 I called CPD Captain Maloney asking for the conclusion of their CCP 166 - no proceedings in back ~ Court records room PC 832.7 -Complainant gets coPY of her own statement and the conch2sion of IA PC 13730 -reports of domestic violence are to be put on written incident report form Witness statements Telephone records My letter to chief Letters denying my requests My requests for the records investigation. He told me that I was not entitled to it. I researched and learned that I am. Then Maloney told me that the investigation was not concluded. Sa I wrote a letter to Chief Hagerty telling him that I wanted to add information to the open investigation. Hagerty did not reply. So I went to CPD and was directed to Lieutenants Michael Webber and O'Brien. I told them they needed to put my report on the proper incident report form so I could obtain a copy of the investigation for the hearing and to get help from Victim/Witness with my medical expenses. They refused. The conclusion of CPD's IA was sent to me later, dated to indicate it had been concluded 3une 23, two days prior to the date Maloney told me it was not concluded. This conclusion is not admissible in court as evidence and I later learned that CPD is mandated to disclose to me certain information from their IA: The names and addresses and statements of all involved and witnesses -for the obvious reasons that I would need to subpoena and examine those involved and witnesses. CPD refuses to disclose these records to me. BCDA told me their investigation was a `regular' one, but when I asked for it as a regular one, they denied it to me because it was `sensitive` but BCDA did, after much protest on my part, provide me with the analysis and conclusion of the investiga#or and my taped statements to the investigation. Upon receiving these I discovered West had destroyed the portion of the tape wherein he had excused PC 832.7 - Conclusion of IA not admissible as evidence GC 62 -CPD is mandated to disclose to me the names and addresses and stateme~s of involved and witnesses to the DV incident EC 1045{a) - I have a right to information included in peace officer's personnel files if they are relevant to the subject matter of the hearing. In re Joni4ue W. -social worker's report not admissible as evidence unless I had been provided copies and afforded my due process right to subpoena and examine persons and documents and introduced evidence by way of rebuttal. PC 11167_S~~b){11~, PC 11170 - CSD is mandated to disclose to me the report of suspected child abuse made by the mandated reporter and the investigative report that led to the summary report being filed with the Department of 3ustice_ 18 USC 242 -Depravation of my right to have all relevant information to enable me to prepare/defend/prosecutelprotect my interests in a court case to which i was a party PC 13 5 -Destruction of evidence PC 118.1 -Peace officer filing false report - re the missing tape PC 118 -Perjury - by Merrifield and MacPhail re my report and their memo CPD tapes of telephone calls and m: report Conclusions of investigations Moore's perjury, refused to accept my evidence, and used fraud and threats to dissuade me from further participation. In West's narrative of his investigation he falsely claims that he had not met with me prior to DV advocate Chambers' visit with rne, presumably to conceal the fact that this portion of the tape has been destroyed. CSD had either been watching during the part of my interview with West that had occurred prior to Chambers' meeting with me or had been provided copies of that portion of the tapes as CSD references, in other venues, statements made in the portioa of the interview with West which occurred prior to Chambers' visit. In a later meeting 1 had with Chambers, West secretly watched and/or listened from a remote location though DV counselor interviews are absolutely confideatial and not to be made available to any investigation without explicit permission. Upon receiving BCDA's conclusion, 1 also discovered that Moore had made an even worse false accusation against me, enacting further of his extortionist threats: To impute to me crime, which he had told me he could get away with by telling me that if I reported the abuse `who do you think they'll believe?!' He claimed that HE was the victim of DV at my hands -that he 'took me by the arms and shoved me once in self-defense' in the incident wherein Moore strangled me, threw me across the morn, held me by the throat, aad bashed my head against the wall repeatedly -which the crime scene clearly illustrates and PC 141 ) -Fabrication of evidence - memos PC i 32 -False dated documents to investigation -memos PC 13701 -Duty of investigator is to identify primary as dominant, not first EC 1037.2_ a - "confidential communication" means any information, transmitted between the victim and the counselor in the course of their relationship and cannot be disclosed to any third persons EC 1037.5. A victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor in any investigation the witness affirmed, while Moore's version of the incident is clearly impossible according to the physical laws of nature and belied by the crime scene. West misrepresents my taped statement in his written narrative (which is why the ~' analysislconclusions of investigative officers are not admissible as evidence and why they are n€~andated to disclose to me the names, addresses, and actual taped statements of all involved and witnesses to enable me to subpoena and examine them and impeach them if their statements in court conflict with statements made to the investigations), and he blatantly perverts his mandated duty to identify the `primary' aggressor as the `dominant, not the first', by declaring me the `primary' because I `initiated' the event - which is also not true so West also claims that I am incredible though i cannot be impeached while West admits and excuses Moore's perjury because he `expected it' and West's summary of Moores statement to the BCDA investigation contains at least five statements that impeach him based on Moore's own statements to the investigation. West's conclusion also ignores Moore's own admission of rape and child abuse of creating an atmosphere of fear, which at the time the latter occurred, I had called a personal friend of Moores, Officer Lars, asking his help. He did nothing except inform Moore I had called. In addition, West's conclusion provided evidence of further nefarious acts on the part of CPD: That Merrifield and MacPhail claim to have written a memo or memos to the chief when. I made my report on 1!22108 (which if true would implicate the chief for not initiating an investigation at that time, and if not true would implicate Merrifield/MacPhail for filing a false/ante-dated memo) For obvious reasons, the analysis and conclusions of the investigating of~iicer is not admissible in court as evidence, so I still needed the investigative materials but neither CPD nor BCDA will disclose them to me. CSD is mandated to disclose to me the statement of the person who reported suspected child abuse and the investigative report that led to the summary report being filed with the Department of Justice (CACI). They refuse to disclose these to me_ After many calls to higher-ups, I was able to force CSD to at least allow me to view then supposed investigation_ It revealed that further false accusations had been added to the original perjury, false dating, and intentional exclusion of exculpatory evidence, and the filing of another false document with the state as to the date of Kenny's placement #o conceal the fact that he had been placed in my home without conducting the mandatory home investigation prior. on 7/22108 BCSC Judge William Patrick was seated in the DV case though he had previously recused himself Case is taken off calendar in a successful ploy by Wilson and Moore to steal about 15,000.00 from 18 USC 242 - Deprivation of my right #o have all relevant information to enable ~ to prepare/defend/prosecute/protect my irnerests in a court case to which I was a party Court records V~rtness statements me. tWilson/Moore refused to agree to negotiate or mediate the division of property unless I agreed to take the DV case off-calendar, which I did not knowing this cost me the value of the previous 6 months support and which the refused judge allowed) Case is later re-calendared for 9130108. i wasn't informed of the court date as upcoming everts in the DV case are not posted on the on- line docket due to the `sensitivity' of a police officer accused of DV and my attorney at the time didn't inform me of the date so I wasn't there. On that date, both Moore and Wilson falsely claim I had agreed, in open court on 3125108, to dismiss the DV case, though I hadn't been ~ court on that date either and Moore himself had set the contested hearing. The DV case is dismissed without there ever having been a hearing. On September 4, 2008, an attorney who had witnessed the railroading in the N case met with Mosbarger who `recognized the politically charged nature of the case' and threw me a bone by allowing me two one-hour supervised visits with Kenny per month, revocable at the whim of CSD and/or State Adoptions. These visits were to be arranged by CSD, who was present at court when this was decided. I began calling them and leaving messages asking to arrange the visits. They did not return my calls as usual_ So I went to CSD's office_ They told me to arrange the visits through Youth and 18 USC 242 -deprivation of my right to present true testimony and introduce evidence in a case to which I was a party PC l 18 -Perjury to court CCP 170.4 d - a disqualified judge shall have no pourer to act in any proceeding after his or her disqualification PC 270a - leaving a spouse without funds for food, shelter, clothing, medical care is a misdemeanor PC 182 -Conspiracy to falsely move or maintain any suit, action, or proceeding and to commit acts injurious to the public health or morals, or to pervert or obstruct justice ar the due administration of the laws PC i 1165.9 - reports of child abuse shad be made to Police or sheriff ar welfare agency. Witness statements Court records Telephone records CSD and Youth and Family record Family. So I began calling Youth and Family to do so but na calls were returned. So I went to Youth and Family's office. Youth and Family told me CSD had taken them off Kenny's case. When T was finally able to arrange the visits, I had to meet with Lozano and Parra first. I asked them why they had detained Kenny. They stated it was because I `had not been forthcoming about the abuse', so I reminded them that I had been -- T had reported it to the police and then had gotten a restraining order when the police refused to assist me - so they then changed their excuse to that they took Kenny because of my `emotional condition', so I asked, `When, before or after you took Kenny?' They answered `After.' So -they traumatize you by taking your child without warning and for a cause that constitutes punishment of the victims and then they torture you by making false accusations against you in court and physically restrain you while they hurt a child you love, and then they keep the child away forever because you react to this emotionally. That's a pretty effective method for kidnapping because any parent would react emotionally to this. In my continuing effort to obtain even the first step in the legal process - to be informed of the nature and supposed cause of the allegations against me - I teamed that if I made a complaint of discrimination I would be allowed to inspect CSD's entire case file and be provided the statements made to the DSS Pub_l3 -Deprivation of my Discrimination complaint right to inspect an entire case fde prior to an investigation of Witness statements cliscrimir~atioz~ Conclusion of investigation into DSS/CFC 21-23.3.33.331 - complaint Deprivation of my right to be informed of the statements made to an investigation of discrimination investigation into discrimination. Based on all the allegations flying around that I had had `mental issues' prior to the abduction, I filed the complaint of discrimination based on disability (and religion as I had heard through the grapevine that this was also used against me, but the real reason for the discrimination was my political affiliation as a complainant against a police offcer)_ Mike Morgan of Butte County conducted the investigation but he did not allow me to inspect the case file or give me the statements made to the investigation and he denied my complaint. On or about October 23, 2008, I interrupted a neighbor attempting to steal stuff out of Moore's truck, which was still pazked on my property since his departure. I sent the thief packing and telephoned CPD. CPD Sergeant Fonseca responded to this call by towing Moore's truck away to prated it, but refused to confront the thief or take a report, leaving one to confront the thief on my own, which I did_ In violation. of restraining orders, Moore keeps me under surveillance. By October, 2008, I had been able to begin parking my car in the gazage to make it harder for him to detez7mine when T am or am not at home. On or about October 27, 2008, he thought I wasn't home and, in further violation of restraining orders and trespassing laws, I catch Wilson in my back yazd taking PC 136.1 -Preventing me from reporting victimization PC l a and PC 273.6(a~ - TRO violation and contempt of court order PC 602 --Trespass Telephone records CPD CAD call and tape Witness statements CPD CAD calls and tape of same Witness statements Court records CPD CAD -- no officer to take reps photos of one of the effects of the trauma, torture, and terror (my inability to attend to the yazd work). T sent Wilson packing and telephoned CPD just to `make a record' of this restraining order violation and trespass, telling the dispatcher not to send an officer because CPD had already declared and demonstrated that I am not allowed to make reports of people crimes (the DV), property crimes (the auto burglary), or to make complaints (of CPD`s inappropriate response to my reports of people and property crimes). Shortly after making the call I saw Fonseca sitting in a patrol car nearby watching my house. I reminded him that I am not allowed to make reports of any kind. At this point Fonseca made it clear that I was now not even allowed to `make record' when he drove away shouting, "Don't call us anymore!" Fonseca andlor Dye and/or Doe at CPD caused a notation to be placed into the dispatch computer that `no officer is to take reports or complaints from Leslie Moore unless it is a crime in progress` but to refer me to an oi~cer personally assigned to me. These officers have changed and includes Captain Sohn Camllo_ I periodically report the crimes. No investigations have been done into any of my reportslcomplaints. On 1129109, my de facto pazent request was addressed. I was not invited into court and judge Mosbarger denied my request based PC 96.5 -- obst~udion of justice WIC 319 -Failure of court to examine all persons with relevant Court records Witness statements on the same perjury, intentional exclusion of exculpatory evidence, false allegations, and false dating that had been used in the `detemion' `hearings' she had obstructed me from . At the Trial Readiness hearing for the dissolution, 3/9/09, James Reilley, presiding judge of BCSC, was seated. This being my first opportunity to report the crimes to a judge since the beginning of this travesty, I attempted to address the crinunal and civil violations being committed against me and the fact that the divorce trial could not proceed as Moore would not disclose assets and blocked me from discovery. By this time I had my summary of the retaliation vendettalsilencing campaign down to a sound bite, lmowing I'd not be allowed to speak long in any court, if at ail. Reilley had the bailiff shave me out the door as soon as I began to speak, set the dissolution trial without disclosure, and assigned it to be heard by a commissioner after I stated that I did not stipulate to this_ So, having been shown that I a~n not allowed to make reports of people or property crimes or to make knowledge CC 43 -Deprivation of right to protection from bodily restraint and injury to personal relations WIC 309 - Failwe to maintain child with family and provide services if necessary WIC 361.45 -Failure to place child in next aon-related family home PC 136.1 -Preventing me, via the use of force, from reporting victimization to any judge PC 136.1-Another instance of preventing me, via the use of farce, from reporting that victimization to any judge CCP 2590 -Commissioners can't be assigned unless the parties stipulate FC 2100 c), FC 2105(a~: CCP 2024.020- Trial is not to be set until after parties have complete disciosure/discovery and the intent of the State of California that, at the time of trial, each party will have a full and complete knowledge of the underlying facts' PC 13b.I~b) -Interfering with a lawful arrest Court records Witness statements complaints or make record, and was prevented by law enforcement and judges from reporting victimization to any Iaw enforcement or judge, I tried making a citizen's arrest for at least the restraining order violations and trespass. Depuries Windsor and Lang of the Butte County Sherriff s Department prevented this. They did not ask for, or allow me to provide, authority and probable cause for zny arrest but instead used physical force against me to allow the perpetrator to escape_ I later reported this TRH violation/trespass to District Attorney Mike Ramsey. He stated it was not a violation of either the TRQ or trespassing laws. I also reported to the sheriff, Perry Renif~ that deputies' Windsor and Lang had refused to allow me to provide authority and probable cause in my attempt to make the arrest myself. Reniff told me the deputies had done nothing wrong. Kenny called me in the summer of `09 with tears in his voice telling me he missed me. Kim and Mike Lefanta, the family chosen to replace Kenny` s loving and devoted family, met me at Wal-Mart so Kenny and I could see each other_ At this meeting I learned that CSD had not informed the Lefanto's that I had filed an appeal so they thought it was Dawn who had filed the appeal. When I told them it was my appeal the Lefanto's became angry and they and CSD and BCSC arranged to cut off all contact, making it sa that Kenny could not see the family he missed. I was not informed of this but I suspected it as the Lefanto's changed their telephone numbers_ On August 25, 2009, Kenny's second birthday away from his family, I made another attempt to offer CPD and BCDA a chance to take my reports of crime. I did this in conjunction with a civil protest, asking Kenny's family and firiends to show up in support and bring Kenny a birthday gift. My personal police officer at the time, Carillo, refused to take my reports by insisting that I was still trying to report the DV instead of the criminal and civil violations committed in the retaliation vendettalsilencing campaign against me for having reported the DV. Carillo told me that BCDA would not take my reports either. And -without notifying me - a restraining order was issued against me for `threatening to disturb and disrupt Kenny's peace' by bringing the birthday gifts to his home, though there was no such threat as I had previously notified Kenny's adoption worker, Levine, that 1 would have him deliver the gifts. After CPD, BCDA, CSD, BCSC, and officers of the court committed an atrocity against Kenny -which completely disturbed and disrupted not only his peace, but his entire life and the lives of his entire family - restraining me for trying to report it and for asking Kenny's adoption worker to deliver birthday gifts to him was absurd beyond any reasonability. i contested it. On 10113109, Mosbazger was seated PC 118 -More perjury PC 141 -Another instance of irrterrtional exclusion of exculpatory evidence 18 USC 242 -Another instance of deprivation of my right to examine persons who made accusations against me in a court of law Destruction of court records Witness statements CPD tapes Court records to hear my objection to the order {though she had by this time recused herself in the related cases}_ CSD informed the court that the Lefanto's had accused me of having been `secretive with Kenny', of having tried to talk to Kenny about the DV, and of hanging around Kenny's school, all of which were untrue of course, and of course I was not informed of these allegations prior to the hearing, and of course the Lefanto's did not appear to allow me to question them, and Levine of course didn't mention that I had no intention of going to Kenny's house to deliver the gifts and did not mention my letter to him indicating same, so i offered Mosbarger a copy of the letter I had written to Levine asking him to deliver the gifts and showed her that it was stamped as received by Levine's office, proving I had no intent to `disturb' Kenny by going to his home to deliver the gifts. Mosbarger, after allowing the hearsay testimony of the Lefanto's to be presented by a third parry without my having been informed of the allegations or allowed to subpoena and examine the actual persons who made the allegations, she even allowed Kennedy to make allegations against me in argument that had not even been brought up in testimony, let alone been disclosed to me prior to the hearing -and Mosbazger issued the order. Even after not being informed there had been a restraining order reques#ed, and #hen deprived of my right to be informed of accusations against Fne and to subpoena and examine my accusers, I was never even given a copy of the order itself Immediately following the original temporary order on 8/25/09, CSD had placed a `letter and communication' in my dissolution case file- BCSC put it into a confidential envelope and noticed the parties of an `ex parte communication', stating that they had attached the communication to the notice. But the communication was nat attached so I went to BCSC to obtain a copy. The clerk said I could not have a copy. In early December of 201x, upon obtaining a copy of the clerk's register of actions in the dissolution case, I learned that, at the same time I had requested and been denied a copy of the communication BCSC had not attached to the notice of the communication, Moore had requested a copy as well and BCSC had faxed him a copy, so I telephoned BCSC and asked them to fax a copy to me. They vehemently stated they do not fax stuff to parties, so I showed them their own records indicated that they had faxed the copies to Moore, so they agreed 1 could have acopy -but the copy in BCSC files has now `disappeared' and now BCSC says I am not allowed to even have copies of the clerk's register of actions in my own case -though they routinely provide them. In September 2009, CSD filed their response to my appeal. In the meanwhile I had been trying to make this report to the Department of Justice (DOT). Before the DDT can look into my complaiErt, they have to have written documeErtation PC 118 - llrlore perjury PC 141 -Another instance of inte~rtional exclusion of exculpatory evidence 18 USC 242 -Depriving me of my Court records Documents CPD tapes Witness statements that my local police and DA either refused to take my complaint or that they have investigated my complaint and I am not satisfied with the conclusion. GPD and BCDA have refused to provide letters to the effect that they refused to take my complaints so I filed the complaint with DOJ and explained to them why there was no written documentation that there had been no investigations by CPD and BCDA DOJ literature indicates that I am to by-pass the Grand Jury if the DA is a subject of the complaint (because the DA advises the Grand Jury so this creates a conflict of interest}, but when I sent it to DOJ, they sent it back telling me I do have to file with the Grand Jury first. I knew this was a bad idea, but I was given no choice, so I filed it with the Grand Jury. I also filed updated torts and complaints with the City and County. Unknown to me until later, the Grand Jury is also advised by County Council and County Counsel is CSD's attorney and attorney Kimberly Merrifield is also an staff at County Council. (She is the wife of one of the two CPD officers that had responded inappropriately to my January 2008 report of DV -and so is one of the subjects of my complaint) When I filed my complaint, I provided same of my evidence. This must have alerted County Council that I had proof of the perjury committed by Lozano and/or Sweet and/or Parra of CSD in re Dawn's visits to my home being unauthorized before I requested they be conducted elsewhere because, in their responsive brief to the appeal right to evidence to prepare/defend/prosecutelpmtect my interests in cases Extrinsic fraud on the court Kenny Medical records CSD records BCDA tapes court, K. Merrifield and Attorney ~ Bruce Alpert of County Council, , then changed the anginal perjury that the visits were unauthonzed until I asked they be conducted elsewhere to that T allowed unauthorized visits 'even after CSD made it clear that the mother's contact was to be supervised by their agency' and they added a false statement that it had been CSD who had asked the visits occur elsewhere, and they even added a claim that I was reluctant to call them if Dawn showed up at my house after this_ They of course again excluded the fact that the visits were authorized until I asked them to occur elsewhere and their statement that T was hesitant to call them if Dawn showed up at my house is belied the fact that it had been me that had called them asking them to arrange the visits occur elsewhere. K. MerrifieldlAlpert also changed CSD's claim that the DV occurred in the eight weeks prior to Kenny's detention, to that it occurred in the three weeks prior, making it look worse and though they knew it had occurred nearly four months prior. They also excluded from the record on appeal the reporter's transcript showing that I had been obstructed from the detention `hearing' - presumably to conceal the fact that I had been deprived of my due process right to prove the allegations were false, but they did include a Later transcript wherein Kennedy falsely claims that T had been allowed to participate in the proceeding (this perjury by Kennedy was made at my de facto parent request hearing an 1129109 -which I had also been excluded from}. They also included in the record on appeal the de facto request and letter they had earlier claimed they had not gotten so as to prevent me from having a hearing on the matter ax the tune -and they used my reliance on the fraudulent statements that `they cannot leave a child in a home where there had ever been domestic violence' against me as this fraud had colored that letter in that I acquiesced to that statement by including a sentence to the effect that I `understood the need to remove Kenny' but I still begged that he be allowed to come home or at least that he be allowed to visit his family. I was not allowed to designate records for the appeal to enable me to point out the deprivation of due process or CSD's perjury as I `was not a party to Kenny's life' and, upon getting the transcript CSD decided to put into the record for the appeal, I discovered that further allegations had been made against zne in the hearings I had been obstructed from. They include that Kenny had tooth decay, which is true, but aside from. the fact that California case law is clear that tooth decay does not constitute reasonable cause for detaining a child, it is clear from the record that they didn't even bother to check with his doctor to determine that Kenny's tooth decay was bottle-rot, for which I was not responsible, and they had not only excluded the evidence in CSD's ease file that he was getting regular medical treatment for it, they interrupted the treatment by the detention and, by the time I heard of it, Kenny had gone from having 13 cavities when he was detained to that `every tooth in his head was rotten.' In addition, at the time of Kenny's detention, he was undergoing a 2-week intensive medical treatmern for a Sung condition, which was purposed -~ and expected - to prevent lifelong problems if treated in this way. The detention interrupted this treatment as well. Other allegations included that I was adamant that Moore be charged with domestic violence, though the record clearly shows I was adamant he not be charged due to the danger to me and the fact that I had taken care of the problem by getting him out of my house. Another allegation was that I wanted Kenny interviewed. Though this wasn't true as I had only mentioned that Kenny witnessed the DV, it can hardly be held against me if I had wanted him interviewed as the law states that the investigating officer shall interview child witnesses to a DV incident. Instead, the investigating officer in this case used the fraud about Kenny being traumatized and ripped to shreds to dissuade even me from participating in the investigation, which fraud had the intended effect. Another allegation against me was that I was consumed with the domestic violence and so unable to adequately care for Kenny, which is also not true as I took excellerrt care of Kenny as all our family, friends, neighbors, and Kenny's doctors would have attested to had justice not been obstructed, and the evidence clearly shawl that it was CPD and BCDA that were harassing me to get involved in the investigation and that I was insistent that they leave me alone, which I made perfectly clear to CPD. This too was used against me -what they are calling the `cleansing ritual' This occurred after I learned that Merrifield and MacPhail had lied to the investigation so I went to CPD and recited to the investigators the classic line `O, what a tangled web we weave when first we practice to deceive' and I walked out miming disentangling myself from their web of lies. CPD called me even after that, thinking I was going to give a statement. Had I known they were illiterate I'd have just said `f your investigation, which I pretty much did when they contacted me even after the `ritual_' If they had a concern that the issues would divert me from taking care of Kenny, they might have checked out the facts that I had Kenny in day care 45 days per week from 10-3 to adjust him to being in school as he was enrolled for ldndergarten in the fall, and so that I could deal with the harassment and divorce without it affecting Kenny. Had they checked any facts, they would have known that our life was wonderful since the exit of officer Moore, as the `sign on zny door' they were also `concerned about' evidences. It was an inspirational note of gratitude for life (Like some people put inspiring notes on their bathroom mirrors, I use the front door as that's where I see it most). In Ianuary of 2010, I was re- traumatized when I teamed that the Lefanto's -the family that was Court records Witness statements chosen to replace Kenny's loving and devoted family -had dumped him back into the foster care system and that he was slated to be moved to a different town within the week I begged the court not to allow Kenny to lose even his teachers and friends again after losing another home (and a `family' that had represented to him -obviously falsely -that they were devoted to hicn and loved him). This after he had already suffered being traumatically taken from his real home and family and the teachers and friends he had in the life CPD, BCDA, CSD, and BCSC so cruelly and illegally destroyed. The court's response was that there had bean no change of circumstances -the only consideration was that he was stall `adoptable.' This evidences that the court does not even consider%nny to be a part of his own life as this is a huge change - to him. In March of 2010, I filed a civil rights complaint in the federal court because the time statute for the kidnapping is two years, which would be up in April, and the time statute for the earlier failures to perform mandatory duties is three years, which would be up in September. CPD srill maintains the notation on the dispatch computer that no officer is to take reports of crime from me but to refer me to an offiicer in charge of ensuring no action is taken on my reports. The latest one is Captain Kirk Trostle. Captain Kirk will not talk to me because I have filed this complaint. There are still PC 146.8 -citizen right to snake complaint regarding the performance of an offscer's duties 1 S USC 242 _ deprivation of my right to report crimes Trostle's message on my phone BCDA tape of TRO report no investigations into any of my reportslcomplaints. I later reported the TRO violation/trespass to District Attorney Mike Ramsey. He stated it was not a violation of either the TRO or trespassing laws. These two years of crime and violence and deprivation of my safety and my child without due process was immediately followed by depriving me of my property without due process in the divorce, which went something like this: Moore's attorney had ignored all of my efforts to communicate or negotiate until he filed the preliminary and final declaration of disclosure and demand for trial nearly a year after 1 filed for divorce, though the preliminary declaration `must be made early is the proceedings.' Moore did not disclose many assets thereby committing perjury again and neglecting his obligation #a disclose the existence, character and value of all assets, and he blocked me from discovery as to employee benefits by refusing to allow them to be joined and, though Moore had brought the DV imo the case and it was material to the issues of support and sanctions, CPD, BCDA, and CSD still refuse to disclose the records they are mandated by law to disclose to me and which I would obviously need to address these issues, and the court, previously recused nudge McNelis, denied my motion for disclosure of both the financial assets and the investigation - with prejudice. PC 270a Leaving a spouse in a destitute condition FC 2100(c~ -preliminary declaration `must be made early in the proceedings' FC I I00 e) -obligation to disclose the existence, character and value of all assets CCP 170.8 -Administrative Office of the Courts to make the assignment ofvisiting judge FC 2030 -court's duty to ensure that each parry has access to legal representation to preserve each party's rights by ordering, if necessary based on the income and needs assessments, one parry to pay the other party whatever amount is necessary for the cost of maintaining or defending the proceeding' FC 2100 c - `The intern of the State of California is that, at the time of trial, each party will have a full and complete knowledge of the underlying facts' PC 118 and FC 2I05(a) -More perjury GC b254~f) PC 11170. PC I1167.S~~b)(111_ EC 1045~a),I8 Court records Witness statements All judicial officers in Butte County Superior Court, except Commissioner Gunn, eventually recused themselves for cause due to Moore's position_ Some of the recused judges issued rulings immediately prior to recusal and even after recusal. 17 months into the divorce it was finally decided to assign a visiting judge to the case. BCSC `forgot' to request the Administrative Office of the Courts to make the assignment as per the statutory procedure, and later instead assigned the case to its own 13-year `temporary' Judge William Lamb, Lamb informing the parties that Butte County Superior Court had `gifted him the case out of the goodness of their Hearts'. Lamb's assignment did not necessarily represern a fresh start because Lamb was aware of the case's notoriety. I asked that Lamb be disqualified for the same reason the other judges had recused, and because he had declared a 95% bias and then demonstrated this bias by exposing, prior to trial, that he had prepazed for trial using only respondent's proposal for division. My judicial challenge was denied by recused Judge Reilley_ By the time trial started nearly two years after I filed, I had had to take on deb# due to inadequate temporary Support of 1,345/month average. Judge Lamb refused to award me any attorney costs pre-trial, telling me, `If you're at a disadvantage, that's a fact of life for you; it is not something the court can compensate for', though the court has a duty to `ensure that each party has access to legal representation to preserve each party's rights by ordering, if USC 242 -Another instance of deprivation of my right to have all relevant information to enable nae to prepare/defendlprosecute/protect my interests in a court case to which I was a party {the investigations) FC 2100 ~, 18 USC 242 -Another instance of depriving me of my right to have all relevant informatian to enable me to prepare/defend/proseeirte/protect my interests in a court case to which I was a party (disclosure of financial assets) FC 2030 -Failure to ensure T had access to legal representation to protect my rights 18 USC 242 -Deprivation of my right to present true testimony and introduce evidence in a case to which I was a party 18 USC 242 -Deprivation of my property without due process PC 118a -More perjury Several instances of extrinsic fraud on the court PC 182 -Conspiracy to cheat any person of property via criminal means PC 487 -Grand theft of property PC 487 -- Grand theft of labor Marriage of Carlsson 163 Cai.Ana.4~ 281_ - Where a teal court denies a party his right to a fair hearing, it exceeds jurisdiction, and the court error is reversible per se' necessary based on the income and needs assessments, one party to pay the other party whatever amount is necessary for the cost of maintaining or defending the proceeding' . As a result, I was forced to represent myself, even though I was disabled and even though the financial disparity between the parties was over '/a million dollars separation to trial. Trial was set without disclosure/discovery in direct perversion of the intent of the State of California. At trial, the court reversed the order of proof `because responde~rt had an attorney', and by the tune it was my turn, the court had `adopted the numbers in respondent's proposal' and decided all but three issues. My testimony was disallowed because I wasn't `asking the questions the right way' and because the issues/values had already been decided. I was limited #0 10 pages and one hour to argue 27 years of accrued material wealth and an entire established secure retirement, but my argument was largely objected to because I hadn't been allowed to testify. The non~disclosed assets were left out of the division, Moore was allowed to steal 7 years of my labor, I was made to pay 100% of the only community obligation, and, out of a 550,000 estate I was awarded 62,500 and 65,000 of my PERS income was wasted by the delays, so I netted negative 2,500 of the 550,000 material wealth accrued over 27 years and the court replaced my established secure supplemental retirement income from the employee benefits with a 135,000 interest payment to `equalize' the lopsided division. I even reported Moore's penury to CPD. Though CPD had demonstrated a policy of investigating off-duty criminal acts by Moore (when they investigated the DV), they refuse to investigate the crimes of perjury and grand theft. Immediately following the final ruling in the series of three court cases, I filed a petition for the disclosure of the records CPD, BCDA, CSD, and BCSC deprived me of my right to have when I needed them to prepare/defendlprosecutelprotect ;ny interests in the three cases. I now needed the records to enable me to ascertain my claim to petition the government far redress of grievance for the severe physical, emotional, familial, financial, social, and spiritual damage and permanent disability inflicted on me in this crime spree. My requests for these records had been denied me by Mosbarger, O'Berg, Morgan, Meadowsong, Hagerty, Maloney, Dye, Parra, Lozano, Ramsey, West, Honea, Burkland, Rock, Barker, R Wilson, and McNelis and unknown Does. In response to my petition asking BCSC to order CPD, BCD.P~ and CSD to disclose the records to me, CPD, BCD,A, and CSD made false claims to BCSC that my written request for the records had not been sufficiently focused to enable the~an to ascertain what records I had PC 1.18 - More perjury 18 USC 242 -Intimidation from exercising my right to petition the court for relief 18 USC 242- Interference with citizen's right to petition government for redress of grievance Court records Documents requested, though I had identified the exact records, including case #, and they had denied me the exact records T had requested, thereby indicating they had been able to ascertain exactly what records I had requested. My petition was demurred on or about Tune 9, 2011 and I was ordered to pay CPD, BCDA, and CSD's costs, which is intimidating me from filing any petition for relief. The judgment was `with prejudice' which will bar me from discovery for the civil rights action I must pursue to address the damage as the superior court of the county in which the records are situated is the only court with jurisdiction to order the release of the records - so the continued faire statements to courts, denial of records that CPD, BCDA, and CSD are mandated to disclose to me and the intimidation, is now interfering with my constitutional right to petition the government for redress of grievance -which is a crime. In addition, reconstructing and relating the trauma story is prerequisite to recovery from the bodily injury that trauma inflicts, but, as if inflicting the injury isn't enough, I aan deprived of that which I need to recover from it by CPD, BCD and CSD's denial to me of records they are mandated by law to disclose to me_ These recent acts in this series by CPD, BCDA, CSD, and BCSC were final Tune 9, 2011. This tort is being filed within 6 months of that date. Pll file another if fixrther violations occur, which I expect they will as i have had to file an appeal of the deprivation of my property and the opposing attorney in that case, K. Merrifield again, has already, in the de facto appeal, evidenced her propensity to defraud the appeal court, and did so again recently in an appeal of the denial of the records of the court proceedings in the 3V case_ In this latest appeal, Kimberly Merrifield of County Counsel again committed fraud on the court, stating that I did not fall within the context of WIC 387 because I am not a relative, though the statute clearly states the 387 proceeding is to seek an order removing a child from the physical custody of a parent, guardian, relative or friend..., and the case law I had cited in my brief In re Jonique W. expands on this, stating that as the . person whose conduct is at issue in the WIC 387 proceeding, and the relative or friend who is in a position to deny the allegations on the WIC 387 petition, I was to have been afforded due process. According to PC 186.22, The crimes committed by the law `enforcement' /criminal `justice'Ichild `protection' `family' in Chico and Butte County qualifies those involved as a vialern terrorist gang due to `the commission of, attempted commission of, or conspiracy to commit two or more of the following crimes on sepazate occasions or by two or more persons': • Assault • Intlmidatlo3l of vtCttms Or wttneSSes PC 186.22 -Violent terrorist gang criteria PC 422.55 -hate crimes PC 166 -Restraining order violations • Rape • Kidnapping • Aggravated mayhem • Torture • Extortion • Threats • Grand theft of property • Grand theft of labor • Unlawful use of personal identifying information to obtain medical information And, according to PC 422.55, if the crimes were committed because of a perceived disability, as has been stated by many of those involved, they are also hate crimes, which enhances the punishment for said crimes. Because these persons were acting as Moore's agents, they are also third party violators of the TRO ~~/~~ ~a !~ C~r~ ltd n©.~- ih ~..~s-~-i'g~. m-~ ~~°'~ eY J ~ ~ ~ ~t c~ar~ . ~~ ~ ~ ~~~ ~ ~~ ~~~~ ~~il I ~CL~" ~~LA~'~~, .t2 ,, ~~J ~ ~ vS~ 2 ~~~P ~`~ ~ of~Cf_ ~®~-