Monday, July 6, 2009

letter to doj civil rights

My husband and I were both elders, he was 68 on August 5th 2007, and I was 72. My husband was strangled in front of me and jumped up and down on him while he was passed out and died with in minutes. The 27 year old who attacked us is professionally trained in judo and wrestling by his father a high school wrestling coach along with being a adult base ball pitcher. I have been stalked by the killer and his family and have had zero protection up to even this date from the stalking and intimidation. The DA and Sheriff said they cannot do anything about it. The sheriff, Da and Coroner never reported this to adult protective services. Even the first night my family and I were followed by the parents of the attacker and where we were guest.  The people who were our host were yelled at by the killers parents and constant calls during the dinner. They had to leave town to avoid the harassment for months. The attacker was on summary probation at the time, so I suggested to the sheriff that his probation says the house can be searched, why couldn't they get the phone records to show the harassment. All of my elder neighbors were intimidated if they visited me by the attacker and his parents. I am in total isolation with out any services, even adult protective services refuse to come out as we have contacted them three times. The killer and his parents own a vacant lot that we believe they got illegally from a elder two doors from me and stood there watching, staring and waving to anyone that came to my house. Then paying a visit to their front door confronting them for visiting. Now in a area I have lived in 30 years people are afraid to talk to me. The father of the attacker is buddies with the DA per his statements on the sheriff audio to the head homicide detective and prosecutor,and which seem to be the case. I filed a civil case in Riverside County Superior State court but it has been very hostile, and looks like I cannot get justice there. I need help and protection. I live in a very rural area and cannot afford to sell my home, also I have to live where the air is clean as I have a lung problem. A friend of mine for 50 years was the prior owner of the property and house that was two doors from me ( house burnt down in 2006 they did not put insurance on it so lot has been vacant). The prior owner told me days before he died that he was leaving everything to his daughter. He asked me to take him to a attorney as he was over 90 and blind and the grocery girl had him sign stuff he was concerned about but my step dad had a recent heart attack at the time and I could not take him. When the older man passed away the daughter was told that if she fought the transfer to the grocery girl she would get nothing, or if she did not fight it she would get ten thousand dollars. The grocery girls friend was a ex prosecutor in that city and did the paper work for free. There is also another lawsuit in the records with another person claiming that the transfer was illegal. The daughter had medical issues and did not have the resources to fight the transfer. The deed very much does not match the prior owners signature. The attorney claimed and filed to be the trustee 3 days after he died with what looks like a forged deed. That attorney is now a temporary probate judge now. Our DA has recently been investigated by two grand juries for corruption. The way my situation has been treated it is very clear there is corruption here in Riverside County. The state judge in the court last month told me if I pursue this case I could lose every thing I have and he is sure I will not be able to even have this case heard. I could not find a attorney they say they cannot afford to fight the DA. My daughter has been helping me. I let the DA and the courts know I have a permanent disability, and with the loss of my husbands income will not be able to stay in my home or afford my medications. My husband was a famous race car builder and had a three year contract for building off road vehicles.  I was denied vicitim's compensation and restitution and not able to make a victim statement. Zero investigation into the attacker. The case was not investigated because the sheriff investigator Jesse Martinez said the prosecutor Daiema Calhoun stated my husband had a heart attack and no witnesses to see who hit who first. The coroner told us my husband did not have a heart attack and the autopsy shows he did not have a heart attack.But the autopsy shows strangulation, both rib cages broken stating natural cause of death with homicide. The attacker was let out of jail in 24 hours without notice to me, no criminal charges ever filed and the case was closed administratively in a DA meeting with the DA prosecutor who was involved in the investigation and a detective that also was involved in the investigation sat on a 5 member committee behind closed doors and was the judge and jury and closed the case exceptionally also accusing my husband of being the cause of the fight. Which even the attackers statements in his interview refute what the DA said. There was no separation in duties in the official that I believe and have read there must be a separation, and a statutory rule for closing cases like that. It is clear to me this was closed illegally. The attacker was allowed to stand on the corner with hsi family and stalk me even up to this date. On the day before Easter he was driving and saw my daughter and I at the mail boxes. He pointed his car at us and gunned his engine to scare us. I sent a letter to the head judge asking to go to the attackers final probation hearing and he waited till after the date and sent me a letter I should not contact him. He is on a committee with the guy that the dad said is in the DA office. The victims advocate is another corruption story, with every agency I have documented the corruption. All correspondence has been with email and efax. We even had to get NOVA the national victims org to get us the autopsy and sheriff report as the DA would not release them, and the sheriff said we could have the report with everything blacked out except my husbands name. The cheif deputy under the Da told us my husband had a heart attack until my daughter went to the office to just be able to see the autopsy. At the meeting with Mike Rushton he said it was a heart attack till my daughter asked him to let her put it side by side with a police training manual on strangulation as she studied it and it was a 2007 manual. Mike then agreed it was strangulation but that they did not know who hit who first. The audio of the attacker has him state he knew my husband was almost 70 before he attacked him, he states he never backed away, and he was never in fear. He told the sheriff on his what I beleive from his and his dads statements practiced statement that my husband hit first. When the attack stated only the guy hit my husband. My husband only had time to pull me out of harms way. The guy jumped up and hit my husband in the lip, then grabbed him by his head dropped his feet, to pull him down to the gravel face down. He then stood up and jumped into my husbands back with his knees taking the skin off and making him bleed. It left two large injuries. While my husband was passed out he turned him over by grabbing his belt and shirt and choked him and jumped up and down on his chest to knock the air out. I kept trying to tell him to stop as my husband was unconscious. I tapped him o the back with my foot like a referee as I was very aware he was acting like a professional wrestler.He would not stop. I went to get my car as this is a very rural area and no one was around to help. When he saw the car coming he got up. My husband came to, but as soon as we entered our home 1/8th of a mile away he dropped dead. What I read is there is a point of not return from the lack of oxygen to the brain, and a person can die up to 3 weeks after this kind of attack. Both of my husbands rib cages were broken also. The prosecutor when she came I felt very attacked as she was raising her voice to me saying "lady is your brain working?" Then she made me take pictures like she was arresting me with my husband dead on the floor near my feet. I requested a elder victims advocate from the Riverside County Da office but they denied Riverside County having one. We saw in the news paper early 2008 a award to DA Rod Pacheco from the Governor for excellence in his elder victim department along with checking if it was funded and it was. I emailed the victim advocate to ask to come in to discuss this and she quit. The DA office finally turned the file to internal affairs. I was able to get the reports but then when we saw the pictures and recordings we asked internal affairs that with this proof why were'nt they investigating. They said they do not do anything till we do a official complaint. So I did what he told us to do and then they called the next day saying they will investigate but they can no longer talk to us as there is a complaint made. I filed the form required for the 6 month notice to supervisors for pending lawsuit.When we requested the x-ray and labs the DA Chief Deputy Mike Rushton said no not without a court order and he stated he has sealed the case for ten years. I went to the courts and public defender and they said because there is not a criminal case number we cannot file a case. When the victims funds were turned down and because it is a constitutional right to them I believe I filed a original writ of mandamus with damages. We need a attorney and help. Lee Frank with assistance from my daughter Dawana 951 849-1311, my daughters number 310 619-6260, fax 310 388-0276 I want to change to a federal court can someone tell us how. The DA office filed a court date for August 5th.

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