Idiot’s Rebuttal

Dear Sirs and Madams,

Per the experiences described below as evidenced by the audio recording at this link: http://ghosdog.podbean.com/2006/10/23/sheriffinternalaffairs-falseclaimfears-tortureclaimisreasonable/ …just the first 5-6 minutes…

…I humbly and seriously request that this bill amending 609.505 FALSELY REPORTING CRIME Subd. 2 Reporting Police Misconduct be removed from consideration. For the same reasons I recommend removing the entire Subd 2…or at least, eliminating the gross misdemeanor attached if criminality vs ‘just misconduct’ is “unprovably” (versus only falsely) communicated…

…how many persons in the general population can possibly be expected to know how to differentiate between law enforcement ‘professional misconduct’ vs ‘official misconduct’ and other criminality…I stated (very truthfully…and fortunately…”provably”) that without any justification whatsoever, I was intentionally, sadistically treated to 3+ hours of intense, severe, pain, pure unadulterated raw agony. I called it torture. I called it criminal. It was. It still is. It always will be.

And this includes when it’s done to others too…as does the very real fear that they too will hesitate to report and chose not to…to all our detriment…

It was assault, criminal negligence, official misconduct, mistreatment of a person confined, etc., at the least (notwithstanding the Mpls Attorney Office absolutely false statements to the contrary)…but what if a prosecutor disagreed…as Mary Ellen Heng did…and said it was only policy and procedure violations… and what if she charged me with this law?…could I literally still be charged?! Were it not for having the jail footage proving my claims…this fear would have overcome me…

Should we only be safe to complain if we have video and audio as back up, or six witnesses, before pointing our finger at law enforcement misconduct? What if there are six of them and one of ‘me’…or ‘you’…should ‘you’ be charged with a crime for reporting unproveable, but real misconduct…I see no legislative exclusion…

On Oct. 17^th & 18^th, 2006, I made my 1^st reports of law enforcement (jail staff) misconduct and criminal behavior to Hennepin County Criminal Investigator Mike Atkinson… he directed me (or, with malice and malfeasance (oh, ohhh…have I just put myself in jeopardy?), misdirected me) to Hennepin County Sheriff Office Internal Affairs Lt. Chris Omodt (since reassigned).

On Oct. 18^th & 23^rd, 2006, I made my 1^st reports of misconduct & criminality to IAD Lt. Omodt, Sgt. Brad Erickson, and Deputy(?) Traci Martin.

MY INTENSE FEAR of the potential, though ENTIRELY WRONGFUL, CONSEQUENCES of making these very important reports to persons “…whose responsibilities include investigating or reporting police misconduct…” can be readily evidenced by the audio taped discussion I had with Sgt. Erickson and Lt. Omodt on the 23^rd where they variously said they:

· couldn’t guarantee that this law wouldn’t apply since they hadn’t begun investigating;

· thought it abundantly clear that having already begun reviewing jail footage, there was no way that this should be a worry for me;

· thought I shouldn’t worry because it wouldn’t apply and that I was being a little paranoid; but

· could not put anything in writing to remove the risk of me being charged under this law.

other words, especially given that investigative, law enforcement, and other personnel have statutory authority to lie…they could have been setting me up…and then knock me down before I knew what hit me… were it not for the fact that I had jail footage to prove my claims…no jail footage proof…it’s retaliation time!

WITHOUT JAIL FOOTAGE IN MY HANDS I WOULD HAVE SERIOUSLY RUN THE RISK OF BEING FALSELY ACCUSED OF FALSELY ACCUSING!!!

WHAT IF WHAT WAS DONE TO ME HAPPENED OUTSIDE OF CAMERA & AUDIO RANGE…BACK SEAT OF A POLICE CAR…A JAIL WITHOUT SURVEILLANCE?

IT WOULD HAVE BEEN MY WORD AGAINST THE POLICE OR JAIL STAFF…A DOZEN PLUS OF THEM…PLUS THE INVESTIGATORS…ALL COULD DENY WITH IMPUNITY.

I WOULD LOSE. I’D BE CHARGED WITH A GROSS MISDEMEANOR AND I’D LIKELY BE CONVICTED.

THINK ‘THEY’ WOULDN’T LIE…ONE OF THE JAIL LEADERS…WITH INTERNAL AFFAIRS EXPERIENCE…IS IN THE JAIL FOOTAGE CLEARLY STATING THAT COPS DO LIE…

WITHOUT THE FOOTAGE THEY COULD EASILY SAY I HAD NO EVIDENCE OF MISTREATMENT…THAT I HAD LIED…DO YOU WANT A COPY OF THE VERY SENIOR HENNEPIN COUNTY ATTORNEY TELLING ME THAT IN COURT THEY’D SAY I LIED?…AS A MATTER OF STRATEGY IS HOW IT SOUNDED TO ME…NOT ON ANY PARTICULAR FACTUAL BASIS…MORE LIKE…IT’S JUST HOW WE DO IT!

Furthermore, even if entirely innocent, I would have to bear the brunt of having a criminal record, defending myself against the false charge of FALSLEY REPORTING, etc. This has already happened to at least one person wrongfully accused under this law…with strong indications the reverse charges were brought maliciously versus on a reasonable factual basis…and the defendant won…but at what cost to him and his family?!

To get a sense of the fear this law already engenders and the horrible consequences of adding to it, please listen to the audio recording of IAD and me regarding specifically this issue http://ghosdog.podbean.com/2006/10/23/sheriffinternalaffairs-falseclaimfears-tortureclaimisreasonable/ and/or visit www.stopturture.us for lots of detail. Their words, not just mine, are highly indicative of problems with allowing law enforcement and others to have this weapon in their arsenal to prevent, by direct intimidation against reporting, by indirect fear of reporting, truly horrific law enforcement and detention center misconduct and very serious crimes – even far less wrongful than torture.

The chilling effect even against appropriate and (hopefully) desired reports of abuse is obvious and a great disservice to the rights, and responsibilities, of the citizenry to complain when complaints are warranted. The problem with this law is that it puts great power into the hands of those who have highly vested interests in abusing it to avoid warranted complaints…and to put great fear into the hearts of those who have been harmed so they don’t do what they should by bringing forward complaints.

At the time I filed my reports I had a highly unusual advantage. The nature of my mental illness can involve ignoring the consequences of my actions. In the moment, on the 23^rd , though I wanted an immunity agreement they wouldn’t consider, I said, “To H… with It!” and told the story. You see, my fear of 609.505 wasn’t only partly about me…it was about my family too…they had already suffered so much…their fear is described in the audio…but in the moment…I forgot about protecting them…I said “To H… with Consequences” and did the right thing.

It shouldn’t take mental illness to bring forth a legitimate complaint…but it truly can…rational people will often rationally avoid complaining because of the high risk of “reverse charges”…as IAD Sgt. Erickson put it…this is much like accepting pleas even when wholly innocent to avoid the consequences…e.g. job loss, legal costs, embarrassment, etc., etc., etc.

Much of 609.505 is bad law because of being so readily subject to abuse by law enforcement, detention, prosecutorial and others responsible for “Public Safety”…please eliminate or fix what can so clearly lead to “Public Jeopardy”…at the hands of those who are meant to serve…under oath no less…

If not, how about making it a crime for law enforcement, prosecutors, etc., to knowingly falsely threatening or charging, as falsely reporting police misconduct and criminality, when they know full well that the report is justified. And, since they should naturally be more conversant in the associated nuances…for them…make it a felony…and make them pay restitution for investigating and defending against their false charges…and then…to achieve at least some semblance of fairness in the entire arena of police abuse…put a State level Independent Special Prosecutor in place to lead investigations and prosecutions of all law enforcement brutality, assault, official misconduct, evidence tampering, and all other ‘color of law’ crimes…so that the criminal behaviors of those charged with the opposite responsibility are brought to appropriate accountability without regard for the THICK BLUE LINE.

Note: The above is not stated facetiously. I’m not kidding around or ‘being a smart a…’. I mean it. For but one reason – it would be fair.

Thank you for your consideration of this very serious matter.

Sincerely,

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