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S.B. Sheriff’s overstepping boundaries again?

By   /   February 15, 2014  /   1 Comment

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boundariesThe following Declaration was sent by Cactus Thorns contributor, Gerard Van Der Veen. Gerard is a champion of civil rights.

He believes that the below individual, Jessie McFadden,  got  a raw deal from San Bernardino County Sheriffs. Jessie  is a female.

Here is her story submitted under penalty of perjury.

DECLARATION & VERIFICATION OF JESSIE JANICE KAY McFADDEN

Misfeasance  Under Color of Law

I, Jessie Janice Kay McFadden, declare under penalty of perjury that the following facts are true and correct to the best of my knowledge and belief; to wit,

‘THE MORE COMMON AN EVIL, THE WORSE IT IS.’

1.           That, I was (wrongfully) arrested and (abusively) booked [Exhibit–B(3)] to jail under a fact pattern demonstrating ─ Activity inconsistentwith legitimate intents; compounded, thereafter by a (lawless) warrant process (Infra.) ─ After appearing for court on the scheduled day assigned[Exhibit-B(2)] ─ Finding no one appearing For the People’; and, the case not docketed.  A pattern warranting By the People a criminal investigation (meritoriously) considering, a) we are still at the same location; b) we have not received (to date) a written notice of re-scheduled hearing in or On Behalf of The Peopleand, c) since the police have been on the property numerous times (thereafter) knowing of our presence ─and remaining silent ─ is not oversight; nor, beyond mere preparation and tending.  It is a (structurally lawless) ‘Warrant-Process’ hallmarked by ‘Silence as Fraud’ under ‘Color of The People’ for self-serving interests.

2.           That, on or about 10:30 a.m. on 12 September 2013, I heard a loud knock on the door of my boyfriend’s (John’s) camper by someone identifying himself as San Bernardino County Sheriff’s Department!” 

3.           Thatwe were sleeping when this happened; whereupon, I immediately responded, reasonably communicating that, We have to get dressed!”

4.           That, both John and I are elderly and physically challenged.  John has spinal stenosis and can’t get off the camper bed very quickly; so, I threw pants on over the same diaper I slept with all night in, and unlocked/opened the door in a large floppy T-shirt, jeans, and a very wet diaper;by this time, John had gotten himself down from the camper bed and was trying to get his pants fastened; when, we were ordered outside.  On top of this!  We were not even given the courtesy of a warrant [Exhibit-A] or explanation why they were there [Ref. ¶-37 (Infra.) corroborating this fact.]?

5.           That, outside waiting were at least four Officers; two, of whom had shotguns pointed right as us ─ unduly adding fear to my humility.

6.           That, while I understand and appreciate the concept of Officer Safetythe demeanor here (like you see on TV) were unwarranted.  Both John and I are well over fifty years of age, we were clearly nonthreatening, and reasonably cooperative; considering, we were not noticed of a warrant to search for any particular thing or things; nor, the reason for the search itself (unlike you see on TV) .

7.           That, immediately after we exited John’s camper, I could hear things opening and things falling.  Simultaneously, we were ordered to give them our keys so they could search a covered trailer belonging to John; and, my pick-up truck ─ which we complied without question.

8.           That, apparently they were there searching for precious metal coins belonging to John (which, I am sure he would have produced, if asked);because, John was handcuffed immediately upon the ‘Find’.

9.           That, continuing to ‘Find’ I was subsequently handcuffed when they found pawn slip’s [Emphasis added.] in my wallet from “Gateway Pawn” for a gold coin; reasonably, assumed to be part of the “Find” without further inquiry at the time – continuing to act under exigent circumstances. 

10.         That, because of our physical conditions I asked if we could be seated because neither of us can stand for long periods of time.  The Officers allowed us to sit on a 6 by 8 piece of wooden beam; whereupon, they began to question us about the coins.  Again, unlike TV ─ no one questioning us read us any rights; however, we responded.

11.         That, apparently the Officers were looking for gold coins that were stolen and somehow related to person’s certain; all, of whom I did not know ─ except one, a RANDY GRAHAMfrom, a job he tried to get me fired from (a year prior)and, from a posting on ‘Megan’s List’; GRAMM, was a neighbor of the friend I was working for.

12.         That, I informed the Sheriff that GRAMM had been by to see John a few times when I was there; and, occasionally he would be with a friend.  Every time he showed up when I was there, I would go into the camper, close the window and shade, and turn the TV up.  I did not lie; as, I especially go out of my way to ignore him.  Although, I really did not know much about GRAMM, I told John what I did know ─ I didn’t like him.

13.         That, I advised the Sheriff regarding the other people he disclosed ─ That I did not know them; and, I was only here with John occasionally to stay with him; because, my house burned down about a year ago (also)when, I came by to visit a long-time friend, Mr. House whom I had continual concerns for; John, had moved his camper onto the Mr. Houses’ mill site.

14.         ThatMr. House, myself, and John share a common interest in prospecting and collecting coins [Mr. House has all types of mining equipment, smelters, and ancillary testing supplies and is well known in the mining industry.]and, we immediately started showing our collections, well over a year before these Officer’s came bashing at the door.

15.         That, I lost most of my coins and jewelry (probably worth about $25,000) in a house fire [A simple records check will verify this material fact.].  Some of the metals were melted beyond recognition; including, all of my sterling silver jewelry ─ Which I never found; and, two of my best gold rings (2 carats) of  diamonds in one and the other with rubies and diamonds.

16.         ThatJohn thought he might be able to test the melted metal for silver as well as gold, so I brought the whole ‘sooty-mess’ over to his place to test.

17.         ThatI asked if someone could get my medical supplies I needed to care for my colposcopy and incontinence; and, told the Officer’s at various times that my pants were soaked with pee ─ they just ignored me ─ How ignorant  can a person get and honestly believe s/he is serving the public?

18.         Thatwhen I asked if the cuffs could be loosened a little?  One Officer retorted, in a snooty tone if my cuffs were too tight; and,maliciously tightened them three more times asking each time How about this?”How about now?” and How about now?” ─ What a Sissy!  Doing this to a cuffed elderly woman in an official capacity; clearly, this Deputy got (psychologically distressing) problems [Which is (probably) why he joined the Sheriff’s Department too color this fact.]allowing, this ‘sick-sort’ to continue carrying a firearm does not serve the public interest under any circumstances.  This Officer needs help!

[PLEASE TAKE NOTICETHAT, Item 18. is a FORMAL COMPLAINT INFORMATION’  CUSTODIAL ELDER ABUSE – ABUSIVE MISCONDUCT INCONSISTENT WITH LEGITIMATE INTENT AND ACTIVITIES UNDER COLOR OF LAW ENFORCEMENT’for, THE DISTRICT ATTORNEY [Not in conflict of interest.] TO TAKE ACTION UPON ─ BEHALF OF THE PEOPLE; notwithstanding, the instant case.].

19.         That, thereafter (at approximately 3 p.m.) we were finally seated in the back of the police car and transported to the local jail ─ my pants were still soaked with pee and I was wearing the same diaper I had on all night, and day.

20.         That, on top of all this! ─ It was a hot day, we hadn’t eaten all day, had nothing to drink; and, I was denied my supplies or medications;[t]he, epitome of undue abuse under color of law under any circumstances; despicably, inhumane! 

21.         That, I was allowed to make a phone call, I called my sister-in-law to take care of my dogs, get my wallet, and keys.

22.         That, John and I were finally un-cuffed and placed in a holding cell.  Sometime later I was fingerprinted and DNA’d; and, sent to the woman’s side.  I did not see John thereafter.

23.         That, I was given some dry jail pants.  Someone found me a few diapers; however, I still didn’t have colostomy supplies.

24.         That, I was barely asleep when someone woke me up to be transported to West Valley Medical Ward.  When I asked why, I was told thatI hadn’t told anyone I was disabled (sic).” ─ CLEARLY, SOMEONE WAS LYING IN AN OFFICIAL CAPACITY!  I informed the Jailer that I told all the arresting Officer’s that John and I were disabled (Supra.).

25.         That, I arrived at West Valley and housed at approximately 3 AM.  At approximately 4 AM I finally got to eat and drink something.  I was then put into a cell; and, was almost asleep when I was awaken around 6 or 7 AM for regular breakfast; thereafter, laying back down.

26.         That, I was awakened again to see a doctor.  There was a long wait and I was naturally very tired; however, at least I got a few more diapers and some naproxen for pain.  I had lunch; and, lay back down again.  It was all very confusing.

27.         That, I was given back my damp clothes and two rings I was wearing (a solitaire and a band with 10 little diamonds in it).  I was being released from West Valley [Exh-B(2)]─ over 100 miles from home!

28.         That, I was required to throw away my new – but peed on wranglers and given some old worn out maternity pants which kept falling down and pair of shoes razor-bladed all the way down one side; then, was told to sign some papers.

29.         That, I advised the Jailer I could not see the papers so how could I sign, to which she responded YOU WANT OUT, DON’T YOU?” ;whereupon, I inquired what if I don’t sign?   To which the jailer retorted honestly that I “…WOULD SIT THERE UNTIL YOUR COURT DATE.” ─ Which, was a month away; so, compelled, I signed without even reading the papers?

30.         That, I found myself on the street [Released before lunch.] not knowing where to go, no ID [Which I believe one can get arrested for.], no money, no bra, and I could not read the instructions on the pay phone; when, ignorantly I was told ─ That I had to leave the premises or be rearrested for loitering ─ By the same indifferent department that put me there in the first place without the ability to safely return home.

31.         That, another released woman showed me how to get out of there and for a while, she walked with me.  I looked bad, dirty and sweaty.  My shirt was dirty; my colostomy bag was starting to come off from sweating [I found some string and tied on the shoes and pants given me.].  I looked for a business, a pay phone.  There were none.  The woman game me three dollars and went another way.

32.         That, I stayed on Etiwanda knowing if I walked long enough, I would reach Norco, where my mother lives.  Everything around me was industrial (not a safe place for a woman to stranded in) until I reached Mira Loma about 20 miles away from West Valley.  There was a liquor store where they bought gold.

33.         That, I sole one of my rings for $60.00 [It was worth about $400.00.].  I looked for and found a bus stop.  I purchased something to eat and drink (and water).  I had feces all over the front of me.  I had been begging for a ride to Norco.  People tried to give me money.  I said I had money.  I just needed a ride to Norco.  I didn’t find anyone that would give me a ride; and, on top of it all!  The bus never came – it was getting dark.

34.         That, I was getting cold because sweat had soaked up my clothes.  I came to a ‘Staters’ Market’; where, the Security Guard had pity on me and let me use his cell phone to call his daughter who helped me call a taxi.  The taxi came and I made it to my Mom’s house; where, she provided me with decent clothes.  I then called some friends who arranged to pick me up the next day.

35.         That, when I arrived home I went to John’s but he wasn’t home, so I stayed at a friend’s home.  When John came to pick me up, I discovered that he had been released the same day, 4 hours later than me, from West Valley.  He was luckier finding a ride home.  He was home while I was still walking.   I didn’t know that he was at West Valley.

36.         That, I discovered that the police had taken our computer’s, cell phones, and other property [It is assumed these items were put into evidence.].  They have not been returned to date.

37.         That, Mr. House advised me that the police had broken his door when they first arrived.  He stated that at the time they did not have a warrant.   He stated that it was only after John and I were arrested [Not sure if we had been taken off the premises yet.]that, a Deputy later knocked on his door and produced a warrant [See ¶-4 (Supra.)].

38.         That, John and I  Appeared for court on the day specified [Emphasis added.]on the tickets we were given: November 7th [Exh.-B].  John was not on the Docket; however, I was ─ but when I was called before the judge it was for an old ticket [Exhibit-C] I had [Right before my cancer was diagnosed back in 2009.].

39.         That, John put himself on the Docket to clear up an FTA on a traffic warrant for expired registration on his truck.  Neither action had anything to do with why we were supposed to appear that day.

40.         That, when John; subsequently, went to court about a week ago to pay his fine ─ It was discover that felony warrants had been processed against us for unknown reasons [Herein, complained of as Misfeasance  Wrongful Abuse of the Warrant Process Under Color of Law and Authority.].

41.         That, the next day we both went to the Court to try and resolve this matter, but were noticed that we could be remanded.  We were not so remanded, so in the interest of my personal safety I was compelled to seek counsel to avoid being subjected to another round of abuse and ill-concern for my health and safety.

42.         That, after I appeared in court as orderedand, received a ‘Formal Complaint’ by the DA for ‘Receiving Stolen Property and Extortion’for,no lawful reason, I was wrongfully incarcerated again by the DA’s malicious abuse of the warrant process for the same charge!  How can anyone get a judge to sign a warrant upon this factual pattern  under color of law  without deceiving the court or being in collusion with it?  With all due respect, is the DA kin to [t]hat ‘sissified’ Sheriff noted above

This court must (without further compromise or continuing appearance thereof) move for a ‘Grand Jury’ investigation in the interest of preserving the integrity of the court.  The DA’s corrupt abuse (for which there is no just cause) warrant’s disbarment.

43.         That, the ‘Complaint Notice’ we received is clearly a fabrication with respect to my arrest; because, the coin that I pawned was not taken into evidence nor identified as allegedly stolen; therefore, I could not possibly be in possession of stolen property.  When the Sheriff questioned me about the ‘pawn slips’ he was specifically noticed that I had been pawning with that shop for years.  That, the coin I pawned was one that John had showed me over a year ago and could not possibly have been stolen  Let’s see if this Deputy or the DA put that in their reports? [Not to mention the ridiculous accusation that I, an elderly woman is guilty of extortion!].  This process warrant’s a ‘Grand Jury Investigation.

44.         That, I move this Court to DISMISS ALL CHARGES AGAINST ME on its own motion in the interest of fundamental fairness and justice under the fact pattern and circumstances delineated above; and, MOVE FOR A GRAND JURY INQUIRY regarding the ‘Warrant Process (After Appearing)’ and ‘Abusive conduct on an Elderly Women while in Custody of the Distressed Deputy noted’ herein; including,‘Subjecting citizen’s to Undue Abuse and Hazards Upon Release from Custody’ to ascertain if this is protecting and serving the public or contemptuous of the public’s right to honest and reasonable services; and, their sworn duty to provide just that, [N]ot this!

DECLARATORY (COMPLAINT) VERIFICATION

I further VERIFY, under penalty of perjury that I am of legal age and competent to attest to the above delineated facts as being true and correct; and, declare further that any countervailing claim or combination of claims inconsistent with this factual pattern are herein noticed [As Complaint Information.] to be intentional fraud, willful misrepresentation, and/or wanton erroneous renditions of the factual and legal basis of this verified declaration.

 

 Respectfully submitted,                                                                                 15 February 2014

 

_____________________

JESSIE JANICE KAY McFADDEN        

Defendant/Victim

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1 Comment

  1. Damn Dawgers Damn Dawgers says:

    Branson thank you, but my last name is Van Der Veen, sorry I should have added it in my email. my bad.

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