Friday, August 29, 2008

To: Andre O'harra <aoharra@riversidesheriff.org>


Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry.

I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent.

The situation in our small community has become very stressful. This is not just going to go away.

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My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it.
. No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still shows the great spirit of who she really is. The family across the street from us, never have checked on my mom after my dads death. But both parents were in a terrible accident. The father died leaving 5 children and wife in the hospital several months. They have a yard full of animals, 4 horses, 2 goats, pigs, chickens, ducks,dogs and more. My mom with asthma bought the food and fed all of these animals twice a day till the family came home. Even had someone fix water leaks in the yard. There was not even a thank you note, call, smile, just nothing. One time her kids talked to mom and she yelled at them. I know it is fear because we have never done anything bad to these people. In fact Nye and his friend just prior to their moving to their house saved it during the esparanza fire with buckets and shovels.

Reddish dad claims they own the road now and stated to me he is closing it off so mom cannot get to her house. He says I am on his private property going on the road. I told Mr Reddish he does not have the right even if he owned it as it has been over as it is 7 years of public use. I checked the bondaries and he does not own it, the county has a public easement and it has been in use for 30 years. I want you to know this in case he kills me or my mom making this claim as he did with Nye. Now especially with the new gun laws. My moms best friends since she was 16 to 2003 was the original owners of Reddish property. Ty's mom was the grocery girl for prior owner ( Red ) John Hudspeth. Unfortunately Red had called mom and asked her to take him to a attorney just over a week before he died because he was being asked to sign stuff while blind. Mom was sick and her father in law in hospital for heart attack at the time. She asked him if he had a will and he said yes. He stated leaving it to his only heir his step daughter who mom knew, and that is what he and his wife agreed to. We were not even told for a long time that he died. Diana Dimaggio a ex prosecutor there in Banning office current law office right across from Rod Pacheco's office represented the Reddish family to get the house stating she was trustee now and told Red's daughter take ten thousand or nothing. She was not able to fight it. Dianna's husband is a attorney also (DUI attorney) last name Taylor we were told he was at Ty's often after my dads death. There were two people with last name Taylor on the sheriff report there day my dad died, along with going with him to the station. Jo Taylor I looked her name up and another gov person. The recordings I got from you has her on it and then it has Phil Reddish saying in his own voice how he is a goverment teacher and one of his students Brian Floyd cheif deputy under Rod Pacheco in the past told him how this can be handled as muttal combat, Anyways all signs show this situation is blessed from the top.


I went to both Rods office and Mike Rushton as I know they can give me a letter to authorize the release for my mother's request. Mike Rushton at the DA office said no and gave me a letter to that fact that they would not authorize this. He even gave me a letter saying we can go to grand jury but they do not share any documents. The corruption there is blantant and when it's that blantant it's coming from the top. I want you to know I had also gone to Rod Pacheco's office to get assistance and they said I have to go back to Kim Emmerling. My request was to meet with Rod Pacheco not the victims advocate. The day I went to Rod Pacheco's office the victims advocate could not find any notes in the computer system about my meetings with Kim Emmerling, Rushton, and Calhoun. I called Kim regarding this and when I went to her office the day I came there Kim said yes they did find the notes under my name Samimi. Why isn't under my fathers name as in the past. Kims manager came to the front to confirm all notes are there.

I would like to see if I can have the notes from my meetings with Kim Emmerling and Mike Rushton. Can you please get these for me before destroyed. Kim and her boss said all the notes are in the computer. Or give me the written procedures to get them. I am also requesting from you written procedures for when we are denied documents due to the claim of privacy or for the reason I was denied my request. I cannot have my fathers case reviewed with out my request. Every attorney I spoke to said they need to have the autopsy film, xrays and lab work.

The denial is denying my mothers and fathers rights to due process of their constitutional rights.

Also the code you gave me last time was wrong it does not have anything to do with the privacy act I believe. Go back and look at your notes to me. Please note from my understanding I can have documents created before any case physically started. I am only requesting the documents created before I filed. Web sites I read about foia, privacy act, Elder act, also state that you have to prove they are exempt not me. I cannot get a autopsy review with out the film, xrays, lab.

Before and even during my meeting with you I had no case or complaint filed and did not start the internal affairs investigation. I stated to you I did not want to file a case. I just want justice for Nye Frank and protection and justice for Lee Frank. The internal affairs were tipped off by someone else. Internal affairs contacted me, and in fact did not disclose they were internal affairs. When the investigator called he did not leave a phone number or the department, but left his name on our recorder. I looked the investigators name up in google and saw his name in the news being hired for internal affairs to investigate corruption in Riverside County. In fact he was in the news for removing several officers from their positions. He told me your name and said you are my only contact to get anything regarding this case. I was able to confirm you were in internal affairs by looking you up. Before this I had called NOVA a national organization for victims and requested their help in understanding my mothers rights in getting the police report and autopsy. I told them the records department said case is closed. Prior to his when I had called the records department of both the police and the coroners they said the case was closed but they still had notes in the system not to release the reports and they could not and did not understand why.

When Lee Frank requested the reports the records from both departments for police and autopsy they confirmed the system documents case closed, but file could not be released. Staff at the sheriff office told Lee Frank and her neighbor case will be investigated for a year so she has to wait one year for reports. I went bact to the Sheriff office to request the reports, Wilimin the office manager said they will not release them. And even if court ordered they would be completely blacked out except Nye' name and case number.

The office manager of the Cabazon station told me if report was given now it would be completely blacked out except for Nye Frank's name and case number. She also said my mother can be the only contact even with my general power of attorney for my 72 year old mother. I requested Kim at DA office let Mike Ruston know what was going on. Sheriff Dept. and DA office was provided all names, phone and address to parties who had information regarding this case and felt it was important to be interviewed. I have the fax confirmation of this information was sent to all three homicide detectives on their fax, and email, along with a copy sent to DA office with confirmation given to Rushton. All parties confirmed they had not been contacted ever. This is not in line with both the Riverside Sheriff department, and Prosecutors proceedure's manual. Detective Martinez, John Shultz, Dan Wilheilm with the Homicide department said DA office said not to investigate stating as a fact Nye Frank had a heart attack. We contacted the Coroner office and they stated they never said Nye Frank had a heart attack. I immediately called Homicide Dept. Jesse Martinez told him what coroner said. I requesting he investigate, and asked him why he said heart attack. He told me he guesstimated it. To get the report they still made my mom go herself in the snow and rain.

The Sheriff office all the DA office falsely told Lee frank that at the original autopsy the coroner said Nye had a heart attack, said not to investigate it as they insisted the Coroner told them Nye had a heart attack. I thought the situation was the opposite and separate departments. The sheriff office starting and doing the investigation, then providing the information. Also the coroners office originally would talk to me then they told me there was notes in their computer system not to talk to me. I asked them if that is typical and they said no.

I went to the court house when there after my visit to your office and they said if I did not have a criminal case number I could not file a court request, because they had no jurisdiction. When I went to the help desk and they called to get me the requested information I was shocked because I actually heard the persons voice on the other line tell the young guy don't help her. OOPs !!

I then went to the public defenders office and spoke to them and they confirmed I had a problem because I did not have a criminal case number. She felt bad because she said if I go to court she will be representing the other side. She knew what she was looking at.

A few days after my dads death my friend a retired probation officer asked me, Dawn where is this place, how large is the population, and is the dad some kind of coach. Took her just five minutes to see a Ol boys club and all the tactics. After all this is over I think we may write a book.



Before we got autopsy it was given to the Press Enterprise by either coroner or DA office. I have proof of that fact. Five months after my dads death front page and falsely planting bias saying heart attack. I got my report from press enterprise fax before I was mailed one. I was informed news guy Prosecutor Calhuoun's was his girl friends room mate.

Several tributes to Nye have been done. Now they are making a documentary to put the info out big. Nye just the night before he died stated he wanted a perfect reputation. A fist fight in the dirt with someone 40 years younger and saying Nye started it and choked Ty is not acceptable. And to say my mom is lying you don't understand how big that is as she hates it when people lie. I had surgery and on IV six weeks. Now back on it. We never put our story out there till now. We just always thought the legal system works. Boy what a wake up call.



I have requested several times for a victims advocate that specialized in seniors. I was told Riverside does not have one but then recently saw in the news they do. Please contact them and provide what Lee Frank and Nye Frank have a right to.



Dawn Breedlove

info@justicefornyefrank.com







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