Posts
The need
for open goverment and accountability of elected officials. My personal
experence of the Riverside District Attorney office withheld illegally sheriff
report and autopsy. The head of the department we dealt with had verified
evidence that false information had been planted in the file. So far it seems
that there is zero accountability, that these elected officials are above the
law. They use the law to mock us and harass the very public that pay their
paycheck. This last year of trying to get justice is a good example of how
broken the system is. If you look at this letter from the representative of the
DA office who is now a judge shows how he feels he is above the law.
Download
the original attachment
To National Association of Victims
Date:
Mon, Jul 21, 2008 at 6:07 PM
To: lisa@lisanerenberg.com
Regarding my Father Gordon Nye
Frank and Lee Frank 16789 Valley Hi Dr, Banning CA 92220
Elder Homicide in Riverside County- case closed by exception. Da said they
called it a mutual combat when the only person who hit was the 27 year old.
Aug. 5 2007 my 68 yr old father was attacked in front of my 72 year old mother.
Both Nye and Lee Frank have never been involved with the law. The 27 year old(
40 years diff) Ty Reddish has professional wrestling training. He admits on the
audio tapes he used signature choke holds on my dad. The police interviews
reveal that the guy has a combative disorder. Also it reveals a personal
relationship with the father of the guy and the DA office. The case was closed
without investigation as a mutual combat. There is not any proof that my father
hit ever. And the injuries show a person who was beat with rage. The guy and
family have followed my mother, told people not to visit her, or let her in her
house. The Riverside Sheriff said that there is nothing they can do. My father
led a very public life without violence. This is a terrible experience. We have
tried getting help. We were always told by DA also that there is not a elder
advocate when the DA just got a award for that division. The fire department
put down no injuries on the report. The coroners report has homicide with
natural causes as cause of death. The DA kept telling us it was a heart attack
when the coroner said it was not. Attorneys say it will take too long to sue and
too much money. Where is there justice for my father and mother? We have
requested the lab, photos, and xrays and DA says no because we could sue them.
The internal affairs was contacted by nova. They gave us the police report and
autopsy as the sheriff and DA refused. After listening to the audios we asked
them if they are investigation this. They said no they do not investigate just
giving us the information. And stated that now that we made a complaint they
cannot talk to us. The 27 year old also was never drug tested while on
probation for DUI. DA refused to let the judge know before released off
probation, and was let out of jail in three days without bail. We keep being
told the DA has to be the one to do something. What if they wont as a favor to
a friend. Where are my parents rights and protection. Also it is a area with a
lot of other seniors. My mothers house is two doors from where this guy plans
to put a house. Right across from the mail boxes and news stand. Can anyone or
department help. The idea of a private attorney has not worked as it will take
my mothers life time income and assests and she will be dead before end of
case. Dawana Breedlove 310 619-6260, I
can email any documents I have on this case.
----------
From: Lisa Nerenberg <lisa.nerenberg@sbcglobal.net>
Date: Sat, Aug 9, 2008 at 11:25 AM
To: Dawn Breedlove <crystalfinancial@gmail.com>
Dear Dawn,
I read your letter with great sympathy and frustration. As you may
imagine, I get emails like yours almost daily describing situations that cry
for investigation and follow-up. Unfortunately, I don't have the skills or
expertise, not to mention the time, to serve as an advocate for everyone who
contacts me. Your note has, however, inspired me to follow up by sending out a
call to colleagues to help develop guidelines to help family members like
yourself find help and recourse when systems fail. I realize that that doesn't
provide the immediate help that you need, but possibly it may help others in
the future. I will also hold on to your email and let you know if I come upon
any resources or ideas. Good luck to you.
Sincerely,
Lisa
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.
--
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
http://picasaweb.google.com/crystalfinancial/TheHomicideOfNyeFrankOffRoadRacingDragRacingSheriff
picture of Phil Reddish wrestling
Coach Norco High and
Audio of Sheriff and Father of Ty Reddish telling how part of Ol Boys Club
http://docs.google.com/Doc?id=dc9c3grn_3110dcxv8nnj
http://docs.google.com/Doc?id=dc9c3grn_3099gg8gwfdp
letter to victims advocate
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