Tuesday, April 5, 2011
Dean ayers Writings
Please take a moment to read some or all of these articles, it could save you lots of haertache in the future
Sunday, March 27, 2011
Totally OFF TOPIC rant about about "Religion" & the fools who use it
Good Lord have mercy. I got the dumbest letter from someone tonight I do mean dumb, about my choice of friends & explaining to me why being a Minister is just a waste of time. So I went off on a little tangent of sorts... Okay fine! I had a hissy fit for crying out loud. I can not for the life of me understand WHY we can't spay & neuter certain people, just remove them from the gene pool cause their little swimmers go backwards for some reason, even if they have a perfectly perfect child they will inevitably screw them up too... Please don't cuss God when you see all the madness in the world... He left very specific instructions: You are your brothers keeper, he made enough of us that there should be no suffering, it is up to us to teach our children, neighbors, friends & family to love one another, to care for one another, & to show compassion so it is learned by future generations.
about an hour ago · Friends of Friends · · - Janie Smith Shay likes this.
Finally Home Rescue If we throw our hands up in the air & decide people are "bad" it will change nothing, it will only make it true. I am only a Minister, I am not God but I am sure of one thing, he meant for us to be happy, to be loved, to be cared for, to learn, to teach, & to make the world a better place, for ourselves & all who are yet to come.about an hour ago ·
Finally Home RescueIf you are the kind of person who has a 20.00 dollar a day espresso habit, or a 10.00 a pack a day cigarette habit & say that a child starving in a 3rd world country doesn't have anything to do with you, you are part of the worst end of the... problem, 1 of your coffees per day could FEED & CLOTHE that child who is innocent, it would take him or her off of our TV screens so that our children would not have to see it & try to become numb so it doesn't haunt their days. If you see the Wino downtown & think how weak he is & how much better you are then you of the most despicable kind of human on this earth, you are one trauma, one paycheck away from being right where he is, you are no better, if God had to choose between you or him he would chose him because he knows he is weak & needs extra strength & love but yet you who are strong do nothing to help.See Moreabout an hour ago ·
Finally Home RescueYes there are times you have to be tough on people to make them get their heads out of their ass but make sure you are not doing it to be vindictive, or to make yourself look better, people who go run & tell to cause problems are the proble...ms, instead of trying to cause problems why don't you offer them some help? When you see a mother that is overwhelmed STOP look her in the eye & ask how she is doing, ask if you can help. When you see a friend who is drinking too much SAY SOMETHING before it is too late, make yourself available. When you hear a child, a woman, or an animal suffering don't ignore it, if it's dangerous call the police & make it known you did it & you won't tolerate it so that EVIL can not hide, your bravery may give that woman the strength to leave, your offer to either call the police or take a starving dog off of a chain can save the dogs life, your kindness or compassion shown to a child who's whole life is beating, rape & torture may be the ONLY thing that child has to hang onto to keep her sane. It only takes a moment to show kindness but you have to get out of "yourself" I hate to break it to you but this world is not all about you & what YOU want. it is a lesson, a test, & trust me the person with the most toys does NOT win....See More58 minutes ago ·
Finally Home RescueFor those of you who pray everyday for the same thing... QUIT IT!!! You are annoying, if you have FAITH in God pray once, trust him to meet your needs & try to find a way to get what you need for yourself. It is like going to your parents &... asking for a new car everyday & going back home & doing nothing to earn money or work towards getting it, your folks know you need a car, they will most likely try to help you but only if they have a reason to or you are showing you are willing to work towards it also. It is not God's fault that anything happens to you, it may not even be your fault, but we have raised such a bunch of self serving self righteous holier than thou bunch of selfish bastards that no one can see past their own wants & needs 1/2 the time to even attempt to help others. You know what GOD really wants you to know? You can not survive without each other? He gave us all different talents & abilities to compliment each other, to raise each other up to be able to create a better world for ourselves... What do we do? Cry whine & bellyache. Every child starts out perfect, it takes the people who raise him, the POS media, & to break him down & make him evil, to destroy his soul. Have you ever really seen a child look in the mirror, they KNOW they are beautiful no matter how they are put together, what color or what size, it is our society that makes him hate himself or others, it was NEVER in his nature.See More44 minutes ago ·
Finally Home RescueDOES GOD EXIST?
A man went to a barbershop to have his hair
cut and his beard trimmed. As the barber began
to work, they began to have a good conversation.
...They talked about so many things and various subjects.
When they eventually touched on the subject of God,
the barber said: 'I don't believe that God exists.'
'Why do you say that?' asked the customer.
'Well, you just have to go out in the street to
realize that God doesn't exist.
Tell me, if God exists, would there be so many
sick people? Would there be abandoned children?
If God existed, there would be neither
suffering nor pain.
I can't imagine a loving God who would
allow all of these things.'
The customer thought for a moment, but
didn't respond because he didn't want to
start an argument.
The barber finished his job and the customer
left the shop.
Just after he left the barbershop, he saw a
man in the street with long, stringy, dirty hair
and an untrimmed beard.
He looked dirty and unkempt.The customer
turned back and entered the barbershop again
and he said to the barber:
'You know what? Barbers do not exist.'
'How can you say that?' asked the surprised
barber. 'I am here, and I am a barber. And I
just worked on you!'
'No!' the customer exclaimed. 'Barbers don't
exist because if they did, there would be no
people with dirty long hair and untrimmed
beards, like that man outside.'
'Ah, but barbers DO exist! That's what happens
when people do not come to me.'
'Exactly!' affirmed the customer. 'That's the
point! God, too, DOES exist! That's what
happens when people do not go to Him and don't
look to Him for help.
That's why there's so much pain and suffering in
the world.'See More18 minutes ago · · 1 personNancy Ball likes this.
Finally Home RescuePlease don't believe for one moment that i don't get angry, that I don't pout & whine, or that I don't feel plain hateful sometimes. I have had the worst few months of my life in a very long time, but I don't blame God. God did not hate me ...because of the color of my skin or lack of body fat, he did not kill my dogs, he did not take them away from me, he did NOT steal my money from me, he did not get me evicted, he did not, kill my child, he did not cause my childhood abuse, he did not take my loved ones away from me, he only received them with open loving arms, he did not create the evil that lived in these people's heart who have done these things to me, but I can be positive that he will be there to comfort me every time I reach out to him, he's just that kinda guy. God does not hate anyone, he is not capable of that, it is people who want to control others by means of "religion" who hate, God does not condemn, he is fair in his judgment & in case anyone forgot he is the only one who can truly pass "Judgment" anyway. Man has even taken inspirational writings & turned them around to suit his own ends & means to the point that even I cant trust the Bible as it is written today. If someone is Gay... Guess what it is none of your business, your opinion doesn't matter in the grand scheme of things, only God's does. He doesn't care, he only wants us to be good people & be good to each other.
Friday, March 25, 2011
Can we say DUH???? 3/24/2011
OMG!!! I hate when you get proven right... about boundless stupidity. So I went to court today, I sent in the Affidavit of Prejudice the other day & they were going to deal with it today, the problem I have been trying to work out in my head is that I don't want my attorney, but she has to file motions for me if she is representing me. So how to file the Affidavit & her dismissal because I can't file the Affidavit if the Judge has ruled on my case, so I cant ask him to dismiss her & do the Aff. ACK!!! We get to court, he gives (grants) me my motion, then the dipstick attorney says well we are filing a motion to withdraw, he said well I can't rule on that, she says we are filing a motion to withdraw & he has to EXPLAIN to her why she has to wait til the 30th. So basically she was trying to get him to rule so I couldn't change judges. DUH, see what I mean about her? I am still left to wonder if she did that to be malicious or if she was just so dumb she didn't realize WHY the judge couldn't rule on it. I was advised to change Judges, not my idea, but her definitely I wanted her gone as far away from me as she could get. The prosecutor wouldn't even look at me, he just stared straight ahead, but soon he will have to look at me every day for weeks to come. So far I have totally finished 9 motions & am almost done with my tort claim, plus 2 more motions. I have to get the Superior court minutes next week & then I can file a complaint against that commissioner as well. I do have to say in Judge Odell's favor, he seemed to get a big kick out of our experience today, I actually seen a SMILE out of him, unfortunately it makes me ponder the decision, seems to me he is a bit crabby but at least he knows what the hell is going on... On that note I might as well been hit with a ton o bricks: The new Judge's last name is Mitchell, my Mitchell family can be some of the meanest cusses you've ever met so hopefully he is no way shape or form related to me or them YIKES! Anyway the 30th is the attorney wiithdraws, I present a notice of Pro Se, I present the Motion to dismiss, expunge & return my animals, if they don't then next day I present the Motions to suppress the photos, the AC reports, & the complaint from the crazy woman, then the motion for return of the dogs, then the motion to remove the prosecutor since he heard my WHOLE case at Superior court, & if that doesn't work the motion for change of Venue plus about 6 other motions. Wait til they see my witness list & I am positive they will say I can't have that many witnesses because of time constraints but they have attacked my character so I have every right to call as many witnesses. It is up to them to prove beyond a doubt I am guilty, it is up to me to defend myself & my reputation. I also need to make sure that any little scrap or shred of evidence or testimony is included so if I have to appeal this I will have a basis for appeal. I will not be happy about jury selection but have a list of questions drawn up already, that will be quite an adventure. I also have the motion for Discovery, for the Public Records Disclosure, & petition to return them, inspect them & visit the dogs & cat. Just to note it has been 77 days & 13 hours since they took my babies & I swear to God something inside of me just snapped the other day, I didn't think I could live without them for 1 day let alone 75, they have hurt them & I beyond any limitations, at this point I am almost resigned to the fact that the a-holes are going to keep my dogs & cat for as long as they can, but again now I have nothing to do but fight them, I can't even explain what is going on in my heart, I just know that being nice & following the rules is not going to get them back, this is like someone dangling your children over a cliff... I have finally snapped, I have been suicidal, depressed beyond all belief, I can't sleep without having nightmares, the other night I dreamed that they were drowning them one at a time & I could hear them screaming for me & I kept running towards them but they were just getting further away & the AC officer & the prosecutor were just laughing & they weren't just drowning them they were taking them & holding them under for a while & reviving them & then drowning them again to make it last as long as they could. My daughter said I have aged at least 15 yrs in just the past 3 months & even my hair is going white, my blood pressure is going insane & most days my left side is numb. I am going to go get a check up & probably start seeing a counselor for a while. I can't let the depression over take me, I have to be able to fight for them. Even if I die with the Tort Claim at least my family & kids can continue the whole process & get the animals back. I don't care if I am dead or not but I want that woman's job, & I want it gone from her so she can't hurt anymore innocent people or animals based on the color of their skin or lack of body fat. Who even thinks like that anymore??? I still can't believe someone would KILL your animals because you are Native or Slim... What is it in her that is lacking so badly that she feels the need to abuse animals cause she can't keep her mouth off of food? It is simple, watch your diet exercise & she is absolutely free to go to a tanning salon if it is jealousy, I am not a psychiatrist but seeing how mean, hateful & ugly she is about NOTHING lets me know I'm really not that bad off. I wonder about people like that though, is every moment of their life, every TV commercial, every magazine, every trip to the store is filled with anger, misery or envy, do they even notice the beauty that God has created, the flowers, the trees, the mountains, the puffy clouds, the sound of a child's laughter or is it that they are so angry & so lacking that they can't see past it to the good parts of life. Is every day filled with thoughts of anger, & envy? What is it that won't let them see past themselves? I realize full well I have a problem with the depression & in order to be healthy & not feel like this most of the day I have to get help, why can't they see that for themselves? If it wasn't my animals she hurt I would almost pity her for being her :~(
Wednesday, March 23, 2011
Things I don't understand...
I consider myself to be fairly educated, I know I lack common sense at times, my short comings I can attribute to my high functioning autism, but it is others short comings I don't "get"
1) I don't know how not providing animals water on a 24hr basis turned into this Kangaroo Court.
2) How do people live with themselves that lie, destroy & connive for a living, how do they sleep at night, how do they justify their actions.
3) How does it make any sense that people can be so totally exploited & denied even the most basic of human & civil rights on a daily basis & no one does anything about it unless you have a fistful of money or there are news cameras near by?
4) How is it that even so called public defenders only defend their right to get to lunch on time & make friends at the courthouse so that they can only help people with a fistful of dollars
5) Why isn't there more men in this world like Alva Long?
6) How can an agency take your animals, put them in a tiny cement cage, separate them from each other, feed them once a day, make them stand in their own waste, hose down their kennels, let them catch giardia, fleas, tapeworms, feline parvo, or kennel cough & say that they are a better place for any animal? How can they kill an animal in obvious distress & still try to justify their actions? How can they kill a dog, merely because it is a specific breed & still look at themselves in a mirror everyday? How can they beat an animal because it is a certain breed & look at you in disgust when you rescue that animal from there, are they mad because they won't get to kill or abuse that one anymore?
7) Why don't they do psychological evaluations on people they put in positions of power?
8) Why do people hate each other based on their body type, or heritage so much so that they would use their power to do anything they can to hurt a person they don't like including murdering innocent animals?
9) Why can't I stop crying or having nightmares every night. I have days where I cant even move, I wake up if I can sleep & I am sad that I am still alive...
I know Everett is DIRTY, they don't follow the laws or the rules, they firmly believe they are above the law, when I said that Washington state laws & constitution plainly states a municipality can not make laws in conflict with the laws of Washington state the prosecutor said "We don't have to follow that" HUH? What is this, the Republic of Everett? I am going to file a tort claim, a civil claim, & ask for this woman's job. I will win, but no amount of money or even victory will bring back the last precious few days I should've been able to spend with George, nothing can take back the fear & terror he must've felt. His last memory of me is my handing him to the animal control officer, that is all he knows, I abandoned him as far as he knows & for him it was the last straw, he went downhill from there & could never recover. Yes I knew he was going to die, it was inevitable, but it wasn't his time, I let him down by trusting people & for even stepping foot in that piece of shit "First Class City" what a joke, they have their Good Ol Boy system securely in place, & anyone who crosses them is going down. I actually had someone tell me to be careful cause I could come up missing. I will fight them til I die, whether I get my animals back or not, because they are so f-ing retarded, they fail to realize that if I had gotten my dogs back months ago I would be so busy with them I wouldn't have time to file motions, petitions & affidavits, but now I have over 14 I need to file. I realize full well that I am on a public forum & I FULLY expect the prosecutor to use as much of what I say against me as he can imagine & construe... I realize this but I also realize that this is the WWW world wide web, & even if I lose, even if I disappear this will always be here, it will be recorded for ever. You might be able to beat me, but you can not shut me up in a public forum or arena, you may be able to silence me in court & red tape but this will be here, loud & clear, you can't censure this, you can't make it go away, you don't run the internet, you won't run me... It is almost sad that the prosecution has to hijack my Facebook, & garner "evidence" from my web pages, & blogs. It speaks volumes about their lack of ethics, & the weakness of their case, because once this hits the State Supreme Court, they can't fix it, or twist it, & I plan on taking this as far as that & even more. I have learned so much about the law, that now I can also help (FREE OF CHARGE) anyone else they mess with, ever. The funny thing is I know for a fact I have to learn appellate law, which I am working on mow because they will rule against me no matter how good of a case I present, no matter how many times I have proven how many laws they have broken already. Every attorney I have spoken too is absolutely amazed that they haven't dropped the charges & given me back my dogs, 3 even went as far as to tell me, they are going to railroad you & your only hope is going to be in appellate court, so you could pay me 20k but it won't help you win, they already have it in their head to make an example out of you. So I learn, I wait, & I mourn, but I will not stop fighting & I will not be quiet.
1) I don't know how not providing animals water on a 24hr basis turned into this Kangaroo Court.
2) How do people live with themselves that lie, destroy & connive for a living, how do they sleep at night, how do they justify their actions.
3) How does it make any sense that people can be so totally exploited & denied even the most basic of human & civil rights on a daily basis & no one does anything about it unless you have a fistful of money or there are news cameras near by?
4) How is it that even so called public defenders only defend their right to get to lunch on time & make friends at the courthouse so that they can only help people with a fistful of dollars
5) Why isn't there more men in this world like Alva Long?
6) How can an agency take your animals, put them in a tiny cement cage, separate them from each other, feed them once a day, make them stand in their own waste, hose down their kennels, let them catch giardia, fleas, tapeworms, feline parvo, or kennel cough & say that they are a better place for any animal? How can they kill an animal in obvious distress & still try to justify their actions? How can they kill a dog, merely because it is a specific breed & still look at themselves in a mirror everyday? How can they beat an animal because it is a certain breed & look at you in disgust when you rescue that animal from there, are they mad because they won't get to kill or abuse that one anymore?
7) Why don't they do psychological evaluations on people they put in positions of power?
8) Why do people hate each other based on their body type, or heritage so much so that they would use their power to do anything they can to hurt a person they don't like including murdering innocent animals?
9) Why can't I stop crying or having nightmares every night. I have days where I cant even move, I wake up if I can sleep & I am sad that I am still alive...
I know Everett is DIRTY, they don't follow the laws or the rules, they firmly believe they are above the law, when I said that Washington state laws & constitution plainly states a municipality can not make laws in conflict with the laws of Washington state the prosecutor said "We don't have to follow that" HUH? What is this, the Republic of Everett? I am going to file a tort claim, a civil claim, & ask for this woman's job. I will win, but no amount of money or even victory will bring back the last precious few days I should've been able to spend with George, nothing can take back the fear & terror he must've felt. His last memory of me is my handing him to the animal control officer, that is all he knows, I abandoned him as far as he knows & for him it was the last straw, he went downhill from there & could never recover. Yes I knew he was going to die, it was inevitable, but it wasn't his time, I let him down by trusting people & for even stepping foot in that piece of shit "First Class City" what a joke, they have their Good Ol Boy system securely in place, & anyone who crosses them is going down. I actually had someone tell me to be careful cause I could come up missing. I will fight them til I die, whether I get my animals back or not, because they are so f-ing retarded, they fail to realize that if I had gotten my dogs back months ago I would be so busy with them I wouldn't have time to file motions, petitions & affidavits, but now I have over 14 I need to file. I realize full well that I am on a public forum & I FULLY expect the prosecutor to use as much of what I say against me as he can imagine & construe... I realize this but I also realize that this is the WWW world wide web, & even if I lose, even if I disappear this will always be here, it will be recorded for ever. You might be able to beat me, but you can not shut me up in a public forum or arena, you may be able to silence me in court & red tape but this will be here, loud & clear, you can't censure this, you can't make it go away, you don't run the internet, you won't run me... It is almost sad that the prosecution has to hijack my Facebook, & garner "evidence" from my web pages, & blogs. It speaks volumes about their lack of ethics, & the weakness of their case, because once this hits the State Supreme Court, they can't fix it, or twist it, & I plan on taking this as far as that & even more. I have learned so much about the law, that now I can also help (FREE OF CHARGE) anyone else they mess with, ever. The funny thing is I know for a fact I have to learn appellate law, which I am working on mow because they will rule against me no matter how good of a case I present, no matter how many times I have proven how many laws they have broken already. Every attorney I have spoken too is absolutely amazed that they haven't dropped the charges & given me back my dogs, 3 even went as far as to tell me, they are going to railroad you & your only hope is going to be in appellate court, so you could pay me 20k but it won't help you win, they already have it in their head to make an example out of you. So I learn, I wait, & I mourn, but I will not stop fighting & I will not be quiet.
Monday, March 21, 2011
What about the dogs & the cat?
So it's 3:48 a.m. I have so much to do tomorrow that I can't sleep thinking about it. Here is the letter the attorney sent me. So I've got to go to Everett, then to downtown Seattle, & possibly down to Olympia tomorrow/today. I went over to a rescue friends house to go get my doggie fix, she has 2 new ones, a senior pittie & a tiny little Chi, her other old man is back too, so it was nice to see him. She accused of only coming to see them to get a doggie fix.... Okay so she's 1/2 right :~) but it's nice to have another adult to speak to as well. She is my rock & my hard place some times, she helps me out but when I'm being braindead she is the first one to put her foot up my butt... Can't go wrong with friends like that! Well I better catch some shut eye, gotta be in Everett at 8:30 so I don't want to be a total spaz. I found George's first collar today so pretty much spent most of the day sobbing, I just keep hoping that maybe they lied & just adopted him out to some soft hearted person & he is living out his last days in love & comfort, then I look at his necropsy report & there is no mistaking that that is him. I finally got a message back from my animal communicator this morning who said my cat is not alive, that she was attacked & killed by a dog, & she thinks she may have been alive when she was buried, she said the dog was a black & white terrier, which is the color of the dog at that B*TCH's house who attacked & eventually killed her own cat, but no judge is going to give anyone a warrant based on what an animal psychic said, I suspected that but was hoping against hope she was okay, then she brought up something else, she said the person responsible for it, is causing many problems for me now to hide what has happened. OKAY HOW THE HELL DID SHE KNOW THAT??? All I was allowed to tell her was a description of my cat, age & her name, then she hung up on me. Oddly enough I went back & looked at the date of the original report... the day after Lilly Kitty went missing.(My cat went missing while at this woman's house but I thought someone may have taken her in but because of the anti-harrassment order I got against I haven't even been able to look for her but I have been posting ads looking for her)
This goes a lot deeper & further than you can even know. Your case is not just about dogs. There are civil, procedural & constitutional rights violations in spades here. Here is what you want to do first
1) File an Affidavit of prejudice against the judge in your case, he has already been reprimanded by the state's Judicial Commission for violating defendants rights & due process. Also since as you pointed out he is the one who issued the warrant he has already "convicted" you in essence, he has not made a ruling in your case so you still have the right to have him removed. (I've included his reprimand)
2) File a complaint with the Judicial Commission against Commissioner Waggoner, since she let you present your case, in front of the prosecutor & said she wouldn't rule on your case because you didn't file a motion which you clearly did, she compromised your criminal case & seems to be incompetent in matters regarding the law, due process, & she should've informed you of your 5th Amendment rights not to incriminate yourself in the criminal matter. The fact that she didn't cite the procedural error she believed why she shouldn't rule on your case until AFTER you presented your case speaks volumes about her intentions. You need to get the court minutes ASAP because the prosecutor can not over ride the Washington state constitution nor can any municipality rule over Washington state RCW's (I've included the complaint form)
3) File a motion requesting your current attorney be removed from your case & ask for an attorney with expertise in the areas of Animal & Civil rights. Since this case is unique & requires expertise in specific laws & procedure. Make sure you ask the SAME questions of any attorney they appoint for you. What is your level of expertise in this area of law? How long have you been practicing? How many cases have you won, ie: What is your win/loss ratio? Do you have liability insurance & what is your insurance limit? If a lawyer gets defensive, over these questions like the last one did, then you need to just go pro se, you stand a better chance of having a fool for a client than an idiot for a lawyer. (I've included the motion for a new attorney as well as instructions forms)
4) File a motion to have them throw out the pictures since they did not photograph all 4 sides of the car & clearly not the area where you had the dogs food supplies. Even if they don't allow for that remember to point out this fact to the jury, as any logical minded person will still wonder why they were so thorough in photographing the other 3 sides but not the 1. Since the photo's clearly show your water bottle on the car & food dishes almost full inside, the pictures really can't hurt you.
5) File a motion to get Officer Trask's statement thrown out as it contains, hearsay, get an affidavit from your vet that says they did not make those statements attributed to them & that they are prepared to come to court to say so. Even if they don't throw out her statements then they still work in your favor, they are full of lies & her reference over the course of all 3 statements of you being a "thin Native American Woman" is enough to make any person wonder what her true motivation is. It also makes your case for you. As for the vet records, keep those, even if they "lose" them you still have them. You will need them also for your civil torts claim & civil case, as they represent so many things, 1 they establish that the dogs were not malnourished, not dehydrated, & appeared to be healthy. Since you have Soffie's vet records you have proof you have tried to get vet care for her. As for their claim the dogs were treated for Giardia & 1 for tapeworms 2 months after they were brought in, that is also refutable as to when they got them & since there is no treatment date, it can be assumed they got it from the shelter, since no mention of fleas was ever made in the initial vet exams, & you have your treatment record.
6) File a motion for the return of your dogs in the municipal court while simultaneously filing a Motion for Reconsideration & Affidavit of prejudice against commissioner Waggoner, Affidavit first, Motion 2nd in Superior court.
7) Remember no matter what you do, do NOT waive your rights to a speedy trial.
8) Compile your witness list by this weekend. Make sure to include the landlord, the neighbor & the lady you were staying with as hostile witnesses. Also call the staff from the Everett Shelter that you have dealt with when you were pulling dogs, & anyone who examined your dogs. Include the Animal Control Agents from King & Kitsap counties as well. also get sworn Affidavits from all the shelter workers & Managers you have dealt with, all of the rescues you have dealt with, & most importantly try to get a statement from ALL of the people who have adopted from you, & people who have signed over animals to you. Get sworn Affidavits from your vet techs, all of your volunteers & your donors as well. Get as many of them to come in as you can & remember the prosecutor will try to say that those witnesses are not pertinent to this case but don't fall for it, they have attacked your character & your credibility, saying that you kept your dog alive for donations. Another thing you need to bring up is the fact that this crazy woman is saying they told her your dogs had Giardia & worms, but at the initial exams they showed no signs, but all of a sudden 2 months later they do? So either they are trying to cover their butts, for her or for themselves.
9) Jury selection, try to get as many Native Americans on your jury panel as possible, since it seems to be such a big deal, you have a right to be heard by a jury of your "Peers" , make sure to ask them what they feel would be a credible reason for getting rid of a pet, how they feel about euthanasia, & see if they have ever been homeless, they don't have to be rocket scientists but make sure they have some level of education.
10) Remember that the city has the burden of proof, you have the right to defend yourself, make sure to take as much time as you need to present your case, the judge will try to hurry you along, but do NOT be rushed, you need to present every single little item of relevance in your case big or small so that if you lose you will have lots of points to bring up in appeals court, many cases have been lost because relevant info wasn't presented in court leaving the defendant with no basis for appeal, but REMEMBER if you lose you need to file an Emergency Injunction for the dogs & cat or they can immediately
euthanise all of them if they want to.
Notes:
You should not file the Tort Claims til after your court hearing but you also have only 6months to file it so file it anyway if this case is not resolved by then anyway. (I've included the tort form & filled out some of the relevant parts for you)
You need to contact your local FBI office about the Animal Control officer's statements, they have to investigate because it is a City Agency. Start this process IMMEDIATELY & once you get the PDR you can add additional info to the case file. There is also a link where you can file on the internet, make sure to print or copy the form after you have completed it. Make the complaint against the City of Everett & Everett Animal Control as the city is the controlling agency responsible for the oversight of all of it's agencies & officers thereof.
http://www.justice.gov/crt/complaint/ Criminal
U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.
Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
During 2009, the FBI investigated 385 color of law cases. Most of these crimes fall into five broad areas:
Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.
False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person's civil rights may occur.
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.
Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:
You need to get a PDR (public records disclosure) from the Everett Animal Shelter, the info you are looking for is Euthansia stats, seizure records, for all of the officers, employment info, (see if they have any minorities working there or if they ever have had any) check to see what the minority status is on cases they file or complaints they make ie: How many cases against minorities v. non minorities do they file. Pay special attention to Officer Trask's history V. the other Officers records, I would even try to contact some of the defendants to get a look at them to see if they are also thin or any other ethnicity than white. I would suggest that if you find enough of them... You start a Class Action lawsuit as well. Make it very clear that your wanting to see this woman fired & you want some minorities hired, period. If they don't give you the PDR or if they fight it, trust me it looks much better on your case. If you don't know what you're looking for or what else to ask for please let me know & I will fill out a form for you.
Also remember in your lawsuit for the loss of George, use Roemer V. Gray inre: Yofi, as a guideline for intrinsic value, emotional distress, vet bills, costs, & cost of care.
I still think you should file a motion for dismissal of the entire case & immediate return of the dogs & cat. I am actually surprised you didn't get a call from the prosecutors office to have a mediation hearing, they have to know they have a shoddy case at best, but maybe they are just hoping that YOU are bluffing & not going to proceed with a jury trial, & that in fact they might think they have the Judge so deep in their pockets that no matter what you do he will rule against you, which is very common in the smaller jurisdictions. Remember you have less than 30 days to appeal any decision they make & you want file a motion for a stay for your animals the DAY you lose to make sure they will remain safe. I will send you all the points to make in another email for your jury trial, & include case law to back it up, remember to copy & paste the actual statement inre the case you are quoting so the Judge doesn't have to look it up & so that the Jury can read it in deliberations.
Talk to you later!
This goes a lot deeper & further than you can even know. Your case is not just about dogs. There are civil, procedural & constitutional rights violations in spades here. Here is what you want to do first
1) File an Affidavit of prejudice against the judge in your case, he has already been reprimanded by the state's Judicial Commission for violating defendants rights & due process. Also since as you pointed out he is the one who issued the warrant he has already "convicted" you in essence, he has not made a ruling in your case so you still have the right to have him removed. (I've included his reprimand)
2) File a complaint with the Judicial Commission against Commissioner Waggoner, since she let you present your case, in front of the prosecutor & said she wouldn't rule on your case because you didn't file a motion which you clearly did, she compromised your criminal case & seems to be incompetent in matters regarding the law, due process, & she should've informed you of your 5th Amendment rights not to incriminate yourself in the criminal matter. The fact that she didn't cite the procedural error she believed why she shouldn't rule on your case until AFTER you presented your case speaks volumes about her intentions. You need to get the court minutes ASAP because the prosecutor can not over ride the Washington state constitution nor can any municipality rule over Washington state RCW's (I've included the complaint form)
3) File a motion requesting your current attorney be removed from your case & ask for an attorney with expertise in the areas of Animal & Civil rights. Since this case is unique & requires expertise in specific laws & procedure. Make sure you ask the SAME questions of any attorney they appoint for you. What is your level of expertise in this area of law? How long have you been practicing? How many cases have you won, ie: What is your win/loss ratio? Do you have liability insurance & what is your insurance limit? If a lawyer gets defensive, over these questions like the last one did, then you need to just go pro se, you stand a better chance of having a fool for a client than an idiot for a lawyer. (I've included the motion for a new attorney as well as instructions forms)
4) File a motion to have them throw out the pictures since they did not photograph all 4 sides of the car & clearly not the area where you had the dogs food supplies. Even if they don't allow for that remember to point out this fact to the jury, as any logical minded person will still wonder why they were so thorough in photographing the other 3 sides but not the 1. Since the photo's clearly show your water bottle on the car & food dishes almost full inside, the pictures really can't hurt you.
5) File a motion to get Officer Trask's statement thrown out as it contains, hearsay, get an affidavit from your vet that says they did not make those statements attributed to them & that they are prepared to come to court to say so. Even if they don't throw out her statements then they still work in your favor, they are full of lies & her reference over the course of all 3 statements of you being a "thin Native American Woman" is enough to make any person wonder what her true motivation is. It also makes your case for you. As for the vet records, keep those, even if they "lose" them you still have them. You will need them also for your civil torts claim & civil case, as they represent so many things, 1 they establish that the dogs were not malnourished, not dehydrated, & appeared to be healthy. Since you have Soffie's vet records you have proof you have tried to get vet care for her. As for their claim the dogs were treated for Giardia & 1 for tapeworms 2 months after they were brought in, that is also refutable as to when they got them & since there is no treatment date, it can be assumed they got it from the shelter, since no mention of fleas was ever made in the initial vet exams, & you have your treatment record.
6) File a motion for the return of your dogs in the municipal court while simultaneously filing a Motion for Reconsideration & Affidavit of prejudice against commissioner Waggoner, Affidavit first, Motion 2nd in Superior court.
7) Remember no matter what you do, do NOT waive your rights to a speedy trial.
8) Compile your witness list by this weekend. Make sure to include the landlord, the neighbor & the lady you were staying with as hostile witnesses. Also call the staff from the Everett Shelter that you have dealt with when you were pulling dogs, & anyone who examined your dogs. Include the Animal Control Agents from King & Kitsap counties as well. also get sworn Affidavits from all the shelter workers & Managers you have dealt with, all of the rescues you have dealt with, & most importantly try to get a statement from ALL of the people who have adopted from you, & people who have signed over animals to you. Get sworn Affidavits from your vet techs, all of your volunteers & your donors as well. Get as many of them to come in as you can & remember the prosecutor will try to say that those witnesses are not pertinent to this case but don't fall for it, they have attacked your character & your credibility, saying that you kept your dog alive for donations. Another thing you need to bring up is the fact that this crazy woman is saying they told her your dogs had Giardia & worms, but at the initial exams they showed no signs, but all of a sudden 2 months later they do? So either they are trying to cover their butts, for her or for themselves.
9) Jury selection, try to get as many Native Americans on your jury panel as possible, since it seems to be such a big deal, you have a right to be heard by a jury of your "Peers" , make sure to ask them what they feel would be a credible reason for getting rid of a pet, how they feel about euthanasia, & see if they have ever been homeless, they don't have to be rocket scientists but make sure they have some level of education.
10) Remember that the city has the burden of proof, you have the right to defend yourself, make sure to take as much time as you need to present your case, the judge will try to hurry you along, but do NOT be rushed, you need to present every single little item of relevance in your case big or small so that if you lose you will have lots of points to bring up in appeals court, many cases have been lost because relevant info wasn't presented in court leaving the defendant with no basis for appeal, but REMEMBER if you lose you need to file an Emergency Injunction for the dogs & cat or they can immediately
euthanise all of them if they want to.
Notes:
You should not file the Tort Claims til after your court hearing but you also have only 6months to file it so file it anyway if this case is not resolved by then anyway. (I've included the tort form & filled out some of the relevant parts for you)
You need to contact your local FBI office about the Animal Control officer's statements, they have to investigate because it is a City Agency. Start this process IMMEDIATELY & once you get the PDR you can add additional info to the case file. There is also a link where you can file on the internet, make sure to print or copy the form after you have completed it. Make the complaint against the City of Everett & Everett Animal Control as the city is the controlling agency responsible for the oversight of all of it's agencies & officers thereof.
http://www.justice.gov/crt/complaint/ Criminal
Contact your local FBI field office to report incidents of:
http://www.fbi.gov/contact/fo/fo.htm
Please include as many details of the incident as possible, such as the dates and times; names of possible witnesses; and supporting documents, such as police and medical reports, or photographs.
You may also mail a written copy of the complaint and materials you submitted to the FBI to the Criminal Section at:
- Excessive force or other Constitutional violations by persons acting as law enforcement officials or public officials (link to our overview page paragraph on official misconduct);
http://www.fbi.gov/contact/fo/fo.htm
Please include as many details of the incident as possible, such as the dates and times; names of possible witnesses; and supporting documents, such as police and medical reports, or photographs.
You may also mail a written copy of the complaint and materials you submitted to the FBI to the Criminal Section at:
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Criminal Section – PHB
Washington, DC 20530
Color of Law Abuses
Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
During 2009, the FBI investigated 385 color of law cases. Most of these crimes fall into five broad areas:
- Excessive force;
- Sexual assaults;
- False arrest and fabrication of evidence;
- Deprivation of property; and
- Failure to keep from harm.
Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.
False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person's civil rights may occur.
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.
Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:
- All identifying information for the victim(s);
- As much identifying information as possible for the subject(s), including position, rank, and agency employed;
- Date and time of incident;
- Location of incident;
- Names, addresses, and telephone numbers of any witness(es);
- A complete chronology of events; and
- Any report numbers and charges with respect to the incident.
You may also contact the United States Attorney's Office in your district or send a written complaint to:
Assistant Attorney General
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, NorthwestWashington, DC 20530
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, NorthwestWashington, DC 20530
FBI investigations vary in length. Once our investigation is complete, we forward the findings to the U.S. Attorney’s Office within the local jurisdiction and to the U.S. Department of Justice in Washington, D.C., which decide whether or not to proceed toward prosecution and handle any prosecutions that follow.
Civil Applications
Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:
- Lack of supervision/monitoring of officers' actions;
- Lack of justification or reporting by officers on incidents involving the use of force;
- Lack of, or improper training of, officers; and
- Citizen complaint processes that treat complainants as adversaries.
Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons.
Report Civil Rights Violations
- File a Report with Your Local FBI Office
- File a Report over Our Internet Tip Line
- Visit Our Victim Assistance Site
Resources
You need to get a PDR (public records disclosure) from the Everett Animal Shelter, the info you are looking for is Euthansia stats, seizure records, for all of the officers, employment info, (see if they have any minorities working there or if they ever have had any) check to see what the minority status is on cases they file or complaints they make ie: How many cases against minorities v. non minorities do they file. Pay special attention to Officer Trask's history V. the other Officers records, I would even try to contact some of the defendants to get a look at them to see if they are also thin or any other ethnicity than white. I would suggest that if you find enough of them... You start a Class Action lawsuit as well. Make it very clear that your wanting to see this woman fired & you want some minorities hired, period. If they don't give you the PDR or if they fight it, trust me it looks much better on your case. If you don't know what you're looking for or what else to ask for please let me know & I will fill out a form for you.
Also remember in your lawsuit for the loss of George, use Roemer V. Gray inre: Yofi, as a guideline for intrinsic value, emotional distress, vet bills, costs, & cost of care.
I still think you should file a motion for dismissal of the entire case & immediate return of the dogs & cat. I am actually surprised you didn't get a call from the prosecutors office to have a mediation hearing, they have to know they have a shoddy case at best, but maybe they are just hoping that YOU are bluffing & not going to proceed with a jury trial, & that in fact they might think they have the Judge so deep in their pockets that no matter what you do he will rule against you, which is very common in the smaller jurisdictions. Remember you have less than 30 days to appeal any decision they make & you want file a motion for a stay for your animals the DAY you lose to make sure they will remain safe. I will send you all the points to make in another email for your jury trial, & include case law to back it up, remember to copy & paste the actual statement inre the case you are quoting so the Judge doesn't have to look it up & so that the Jury can read it in deliberations.
Talk to you later!
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