| |
AT WHAT POINT DO YOU TAKE A STAND
FOR JUSTICE, PEACE, OR FREEDOM?
AT WHAT COST
WOULD YOU LET IT GO?
Over a period of 8 years, the El Dorado
County Sheriff's Department (EDCSD), acting through various officers
and employees, systematically failed to act on criminal complaints
filed by us for numerous acts of theft, assault, vandalism and threats
of harm. During this period of time, despite our repeated requests
to the officers involved to investigate and prosecute these matters,
no action was taken on any of these complaints to prosecute the offenders.
In addition, the 911 officers who took these complaints and wrote
the reports demonstrated systematic discrimination and bias against
us on the basis of our gender and sexual orientation. El Dorado County
Sheriff Jeff Neves and his predecessor, former Sheriff Hal Barker,
had given their assurances on numerous occasions that these incidents
would be properly investigated and that discrimination would not
be tolerated. It turns out that their assurances were written in
water.
DISCRIMINATION BY THE COUNTY
In 1997 after numerous hate crimes had been targeted against us,
El Dorado County Sheriff Hal Barker, gave us his personal assurance
that he would take care of us and assigned Under-Sheriff Jeff Neves
to directly handle all of our concerns in an effort to ensure that
any hate crimes against us were dealt with immediately.
Both Sheriff Barker and Sheriff Neves gave us their assurances on
countless occasions
that these incidents would be investigated without bias and that
any discrimination or harassment by EDCSD deputies would not be
tolerated. The discrimination, however, continued unabated. Under-Sheriff
Neves
did nothing to assist us in preventing further acts of hate from
being perpetrated against our family and property. In fact, the discrimination
by the EDCSD markedly increased when Jeff Neves was elected
Sheriff of El Dorado County in 2002.
This course of conduct on the part of the EDCSD is continuous and
systematic, and is characterized by a complete lack of concern for
our rights and safety under "the color of the law." We
have been consistently treated as if we were the perpetrators
rather than the victims. It was obvious by their rude and callous
demeanor,
not to mention their often aggressive and hostile actions towards
us that the deputies, their sergeants, and other employees of the
EDCSD discriminated against us because of our gender and sexual orientation.
In their non-response to our CRIES FOR HELP,
and in full complicity with the El Dorado County's District Attorney
Gary Lacy, Sheriff
Jeff Neves of the El Dorado County Sheriff Department have:
-
Never
investigated who vandalized our cars;
-
Not arrested, on two separate
occasions, individuals who have attempted to run over one of us with
a motor vehicle while on our property;
-
Not arrested a known drug trafficker
and convicted felon, who stole one of our vehicles; after putting
800 miles on it the previous evening
without explanation or reason;
-
Allowed individuals in our gated property
to retrieve items of our own personal property that were not theirs
under the guise of a civil
standby; without notice, invitation, court order, or proof of ownership;
-
On
numerous occasions allowed, in the presence of EDCSD deputies and
on our own property, threatening individuals to make defamatory
and lewd remarks without interfering on our behalf;
-
Consistently treated
us in a condescending, rude, and discriminatory manner when responding
to our 911 calls for help; on several occasions
the 911 operator refused to take our call or would hang up without
reason or explanation;
-
Allowed convicted felons to threaten
our lives without investigating or arresting them, despite outstanding
warrants for their arrests;
-
Demonstrated repeatedly a lack of concern
for our welfare and safety;
-
Taken away our concealed weapons permit
without reasonable cause, hearing, or appeal;
-
Allowed our bigoted,
obsessive neighbors to commit hate-related crimes against us without
fear of recrimination or consequence;
-
Allowed our neighbor's foster
juvenile to make death-threats against us without fear of arrest,
or admonition;
-
Advised the neighbors to get a restraining
order against us after their dog brutally and severely attacked one
of us;
-
Filed illusory and biased reports intended
to portray us as the perpetrators rather than the victims of an assault
or other criminal
misconduct;
-
Filed reports which are consistently
inaccurate, biased, slanted to protect the EDCSD from liability
and not geared to accuracy
and
impartiality;
Such conduct on the part of the
EDCSD completely belies its mission statement: "As members
of the El Dorado County Sheriff's Office, we are personally
dedicated to public service. In
partnership
with
the community, we will continue our
pursuit of excellence to enhance the quality of life,
security, and fairness
to all" provided
that we like you; provided that you do not make us work
too hard; provided that you do not critique our obvious
misconduct; depending
on how we feel that day; depending on how much money
you gave to Sheriff Neves' election campaign, provided
you do not say
to us, "We
will hold you accountable" and surely,
provided you "KNOW
YOUR PLACE!"
Given the real history of the EDCDA Gary Lacy, the EDCDA's
mission statement is even more laughable: "We
dedicate ourselves, while recognizing the dignity of
all individuals,
to objectively
and effectively
investigate and prosecute matters under the Law to achieve
justice and to minimize trauma to victims."
In light of the El Dorado County Civil Grand Jury's report
in 2002 and our experience, the EDCDA's Mission Statement
should actually
read, "However, we will not prosecute
you if you are a friend or family of DA Lacy; our objectivity
depends on what is politically
advantageous for DA Lacy; and we promise to waste county
funds in pursuing merit-less and politically-motivated
actions while not prosecuting
criminals who threaten the good citizens of El Dorado
County." The
EDCDA under Gary Lacy in fact promises nothing, and always
keeps his promises.
HATE CRIMES BY NEIGHBORS
Ever since our purchase of our ranch in 2000, some of
our bigoted neighbors have harassed, verbally assaulted
and
threatened
our family, guests to our home, ranch personnel and construction
workers and
contractors along the fence line. Their hatred became
an obsession. They stalked us for five years, fabricated
lies
about us throughout
the community, used their influence to consort with county
officials against us and virtually made our lives a living
nightmare. The El
Dorado County Sheriff Jeff Neves refused to do anything
to prevent their relentless hatred-driven attacks against
my family
and home.
We have written over two dozen letters to Sheriff Jeff
Neves since 2002. He responded only half a dozen times
to say nothing
of his
refusal to address the issue much less to resolve it.
Indeed, his inactivity and lack of leadership enflamed
a mounting
disaster that
culminated into arson and other acts of violence.
The issue came to a fore on March 5, 2004; one of our
neighbors' dogs viciously attacked and mauled Charel
Winston. The
neighbors did nothing to contain or prevent the dog from
continuing
to attack. The couple stood motionless, as they watched
the violent
attack by
their ninety-pound dog persist at the fence line as Charel
screamed in terror and cried for help. The neighbor,
like her husband,
did nothing to stop the dog or offer assistance; she
merely watched on,
her hands on her hips, as she smiled and said, "Maybe
now you'll pack your bags and get out of town." Charel
fell to the ground, her leg badly mauled from the attack,
continued
to scream,
calling
out for 911. A lieutenant from the Folsom Police Department,
Lt. Mike Laughlin, who was off-duty at the time while
visiting next door,
just stood there, offering no assistance. His arms crossed
over his chest, he looked on with a fixed amused expression,
saying
nothing,
not even in response to Charel's shrill cries for help.
After the dog attack, we were contacted by the ASPCA,
who urged us to press charges against the dog, which
had a
prior history
of aggression
and attacking the neighbors' own foster child. Initially,
we refused to press charges, because we were concerned
that the
dog would be
destroyed if declared "dangerous." Subsequently,
however, the neighbors continued to encourage their dogs'
aggressive behavior.
Specifically, on March 25, 2004, just 20 days after the
incident, the same dog tried to again attack Charel at
the fence line. Likewise,
the neighbors made no attempt to contain the dog. This
time we contacted Animal Control. Subsequently, after
two formal hearings, the dog
was found to be dangerous; although we asked the courts
for leniency in preserving his life, the neighbors were
more concerned about forfeiting
their license for their foster-care "business" that
they ordered the dog to be destroyed.
The ongoing misconduct by the neighbor's foster children
has also been a source of great concern to us over the
last several
years.
Between 2001 and 2004, two of the foster teenagers repeatedly
damaged and vandalized our property with their off-road "dune-buggies" which
they drove at high speeds on busy streets without helmets.
We had reported this to the El Dorado County Sheriff
Department and Child
Protective Services, including the California Department
of Health and Human Services, to no avail; we were concerned
for the lives
and safety of these children, as well as the safety and
wellbeing of our own family. Nothing was done to improve
or change the situation,
until finally on April 12, 2004, two of the foster children
were racing up and down the road in front of our property,
as usual without
safety gear or adult supervision. Charel approached the
boys and asked them to stop damaging people's property,
to which they laughed.
The older, more hostile teenager then turned to Charel
and yelled, "I'll
kill you, bitch!" Shortly thereafter,
our barn was destroyed by a devastating, explosive fire
of very suspicious
origin.
Although an investigation is ongoing the overwhelming
evidence indicates
foul play and malicious intent.
FALSE INDICTMENT - POLITICALLY MOTIVATED
In retaliation for having filed our first Citizen's Complaint
in July 2002 against the El Dorado County Sheriff
Department and the
El Dorado County District Attorney for their systematic
discrimination and failure to perform their ministerial
duties, these intractable
county agencies plotted with our neighbors to charge
us with fabricated crimes. On or around May of 2004,
after
the county
deemed the neighbors'
dog as "dangerous," in retaliation the neighbors
met with District Attorney Gary Lacy and Assistant District
Attorney
Sean
O'Brian, with the intent of causing harm to my family
by fabricating outrageous allegations which led to false
criminal
charges against
us. The EDCDA in collusion with the EDCSD aided and abetted
by our illustrious bigoted neighbors and a few former
disgruntled workers
created a grand scheme to frame us. No investigation
of the facts
was ever initiated. The overwhelming evidence clearly
disproving the malicious allegations by these modern-day
Oprichniki was
a politically-motivated, highly-publicized crusade to
vilify
our character and defame us in
the eyes of our community.
DECEMBER 7, 2004 FIRE
On December 7, 2004, one week after we filed our third
Citizen's Complaint on November 29,
2004 against the
El Dorado County
Sheriff's Department and District Attorney's Office for
discrimination and
failure to perform their ministerial duties, my family
and I were nearly killed by a devastating and explosive
fire that
quickly swept
through our property. At approximately 6:45 A.M., Charel
and I heard a loud exploding sound. I looked out of our
window
and saw a blazing
fire in our main barn 20 feet away. We were right there
in a moment, but had we not been awake, we would have
perished along with the
rest of our family and our precious animals.
Despite this horrible loss, our greatest pain and personal
tragedy was that of our most precious and beloved dog,
Brass, whom we
believed was trapped inside the barn and was killed.
Brass was more than our
beloved companion; he was our trained in-service dog
and loyal protector. Brass was irreplaceable, an invaluable
member of
our family, as both
my spouse and I are disabled under the Americans with
Disabilities
Act of 1990 (42 U.S.C. § 12101 et seq.). His loss
was devastating.
Recently, startling new evidence has come to light in
this case. Despite our repeated efforts to contact the
state
and local authorities
throughout an extensive private investigation of the
fire, their response has remained the same, "Case
closed." Although
the cause of origin of the fire was designated "Undetermined" there
has been conclusive evidence to determine that the cause
of origin was arson. The state and local agencies, including
the El
Dorado Hills Fire Department, the EDCSD, and the California
State Fire Marshall ignored the
preliminary findings of potential arson or hate-crime.
Further, the case still remains "closed" despite
crucial new evidence that would establish the truth about
the fire and
expose the real perpetrators of this heinous
hate crime?
The evidence of a suspect's keys and other substantial
arson evidence were consistently disregarded and never
investigated
by any official
agency. In fact, after the local fire department received
a call from Attorney General Bill Lockyer's office on
or around
December
7, 2004, it appeared that the matter of the fire as it
would relate to a "hate crime" was quickly
repudiated by all state and local authorities. To date,
no local,
state or
federal agencies have
interceded on our behalf or on behalf of Brass, who was
taken from us. We believe this inaction on the part of
these agencies
is due
to the obstruction and cover-up on the part of the EDCDA and
the EDCSD who are trying to deflect
such investigations away
from themselves
at our expense.
AUGUST 19, 2005 "KANGAROO COURT" INDICTMENT
Given that the DA's May 18, 2004 preliminary case against
us was falling apart at the seams (its obvious lack of
merit transparent
to the court as well as the local newspapers that continued
to print
incriminating stories about us), one month after Charel
Winston announced her candidacy for City Council of El
Dorado Hills,
the DA summoned
a furtive "kangaroo court" - without
the least exculpatory evidence - and proceeded to "bash" us
for the purpose of increasing the severity of the original "trumped
up" charges
brought against us. Subsequently, since the grand jury
had no opportunity to review the real facts, even the
most negligible
of exculpatory
evidence - the abundance of which is overwhelming - an
indictment was issued under false pretenses by the EDCDA.
On August 19, 2005, we appeared in court in propia persona
(representing ourselves) to continue the preliminary
hearing for a judicial motion
to dismiss the case. As we entered the courthouse, Charel
Winston with her service dog, Austin, and I with my walking
cane in
hand, were approached and arrested by a dozen EDCSD deputies
without any
explanation or reading of our Miranda Rights. Austin
was abruptly taken from Charel's arms, his little body
trembling
with fright,
while a deputy took me aside and removed my cane from
my hand and attempted to hand cuff me. As I winced with
pain,
I told
him I was
unable to put my arms behind my back. Fortunately, the
officer was mindful of my disability and walked me to
the sheriff's
vehicle where
I was taken from the courthouse to the El Dorado County
Jail. Charel and I were transported in separate vehicles.
Shortly
after we arrived
they put us together in a small, empty cell that was
dank and dirty until we were released on bail two hours
later.
Assistant District Attorney Sean O'Brien urged the court
to set bail for $1,000,000, (an amount so outlandish
that it defied
any justifiable
explanation) to which Judge Daniel B. Proud denied and
set for
a lesser, however inappropriate and excessive, $300,000.
At our initial
arraignment of the previous related charges, we were
not required to post bail. However, although nothing
had changed
since then,
except for Charel's mounting popularity as a leading
candidate for the City
Council of EDH, the DA would conjure up a "kangaroo
court" par
excellence to bring similar, though more dramatic, false
indictment charges against us. Obviously, District Attorney
Gary Lacy was intent
on creating a four-ring circus with himself as the ringmaster
and his devotee and accomplice, the incomparable Sean
O'Brien, the circus
buffoon, who earlier gave his tawdry assurance to our
dearly embittered neighbor, "I'm going to rein them
in!" Was
he thinking horses? Well, it was a colorful moment.
Much to their chagrin and consternation, we posted bail
within the hour and returned to the courthouse more confident
than
ever that
the show must go on. The EDCDA's ill-disguised attempt
at intimidation was about to back fire. The public would
know
the truth, or
in the resounding words of Martin Luther King, "THE
TRUTH WILL SET YOU FREE!" We are not
afraid of these charlatans
of doom (these nattering nabobs of negativism) who
operate under the
color of the
law.
On August 19, 2005, an indictment was rendered by a "kangaroo" proceeding
worthy of Bloody Judge Jeffries' Hang
'em Up High Court. The State "waited" 5
years to conjure these farcical and moldy charges based
on stale and time-barred evidence before a one-sided,
hand-picked collective. The grand jury did not see, hear
nor have the benefit of any exculpatory
evidence. The only "reliable witnesses" were
the outstanding examples of citizens convicted of welfare
fraud,
robbery, grand
theft, and assault. So much for our due process rights.
This was the most egregious and outrageous act of discrimination
and gross misuse of authority under "the
color of the law" by
a governmental agency for the intent of violating our
civil rights that we have experienced to date. In sum,
they relied
on the
testimony of convicted felons, welfare cheats, outright
liars who lie from
one report to the next, who are even asked why they lied
previously, drug addicts and drug runners, thieves and
con men for the purpose
of conspiring to conduct a hate campaign against two
innocent people who are committed to following their
dream.
My friends, we must STOP this farce
and stand as one for what is true. Our future depends on it.
Tell Gary and his consorts, "ENOUGH IS
ENOUGH!"
Vote for the candidate who is NOT afraid
to do what is right, someone who cares enough TO
SPEAK THE TRUTH AND LIVE
THE PROMISE.
TOGETHER WE CAN DO IT.
THE FUTURE IS IN OUR HANDS.
|
|
|