You are on page 1of 6

March 11, 2013 Sheriff Leroy D.

Baca Sheriff c/o: County of Los Angeles Sheriffs Department 4700 Ramona Boulevard Monterey Park, CA 91754-2169 Dear Sheriff Baca: I hope this finds you and your fine staff all well! I am an internationally recognized member of the media and currently an official Write-In candidate for the office of Mayor of Los Angeles. I have had the pleasure of presenting my work to State and National members of Congress and NGOs around the world, but today I plead for your attention as a personal victim of flagrant knowing and malicious violations of the Constitution committed by more than twenty-nine of your sheriff representatives acting under Color of Law in a manner unbecoming our fine State of California, for more than fifteen months and eleven days without any relief in sight. I am particularly responding to the attached letter from you, dated March 6, 2013, signed by Captain Steven E. Biagini, regarding Watch Commanders Service Comment Report #231695. I have already left a message for Lieutenant Dale Gulley on Friday, March 8, 2013. I am additionally responding to your statement, If we do not hear from you by March 17, 2013, we will necessarily consider that you no longer wish to pursue this matter and your complaint will be closed. I would like to be very clear, in writing, that I REFUSE CONSENT. You have done nothing thus far to properly investigate my in-custody hospitalization and torture at the hands of your deputies acting under Color of Law at Lynwood from November 14, 2011 until November 16, 2011, NOR the unlawful termination of my first pregnancy at the hands of those that apparently call themselves the Vikings and some violent gang members posing as active members of the LAPD nor the current unconstitutional treatment of the pregnant women currently incarcerated at Lynwood and yet you have the audacity to give me only eleven days to respond to your fake investigation?!?!?! I dont care if I were never to respond again, I DEMAND ON BEHALF OF MY DEAD FETUS WHO WILL NEVER BE ABLE TO RESPOND TO CAPTAIN BIAGINIS STUPID LETTER, THAT YOU FULLY INVESTIGATE MY ALLEGATIONS AS DATED IN THE PETITION FOR A WRIT OF PROHIBITO DATED NOVEMBER 26, 2012, AS ATTACHED IN MY INITIAL COMPLAINT TO LIEUTENANT MCBRIDE OF LASD INTERNAL AFFAIRS ON FEBRUARY 7, 2013 (see attached notarized letter). It is your obligation and duty to the Constitution for the United States of America as well as the California State Constitution of 1849, that you have taken a sworn oath to uphold, to continue to investigate my allegations in a timely manner, regardless of whether or not I respond to you, or whether or not, G-d Forbid, I might have befallen tragic ends at the hands of one of your goons before you have a chance to take away their guns, or whether or not I am finally out of town working again, or whether or not, I am away getting help for the PTSD and grief I am still suffering from, for which there is no remedy

I know that you are very busy and imagine that I appreciate your time much more than you appreciate mine, but I expect to get a personal phone call from you apologizing for your insensitivity and lack of alacrity with regards to the handling of the investigation of Case #1CA16847-02, within FIVE DAYS OR We The People will issue a Writ of Quo Warranto demanding that you show cause as to why you deserve to continue to hold office or RESIGN. I have enclosed plenty of evidence worthy of being reviewed by the Office of Chief Trial Counsel, the Office of Investigative Review, The California Commission on Judicial Performance, Countywide Criminal Justice Coordination Committee and the Federal Bureau of Investigation for criminal violations of the Constitution for the United States of America, as well as the California State Constitution of 1849, conducted under color of law by members of LASD, LAPD, LBPD, court staff, judges, and State Bar Panel Attorneys including, but not limited to: Excessive force Perjury under oath Kidnapping, torture, and continuing Cruel & Unusual punishment of a pregnant member of the media resulting in the unlawful termination of her first pregnancy Withholding of food, clothes and medical attention, as well as the shackling of a pregnant member of the media Continuing Cruel & Unusual punishment intentionally participating in the form of a trial by ordeal as deemed Cruel & Unusual in the 1600s Stalking and civil harassment unbecoming a law enforcement officer, resulting in treating the complainant as an adversary We, The People, of the State of California, demand a formal federal investigation into the multiple incustody hospitalizations of then pregnant, Melissa Balin; the LASD Internal Affairs Investigation URN #91100492-4016-187; FO#2302198; as well as the disturbing practices of the Good City Attorneys Office and the Indigent Criminal Defense Appointment to work in collusion with your Department to treat Sovereign Citizens with an unbecoming prejudice that would be indicated by a pattern of discriminatory actions and human rights violations in full public view, illustrating a disturbing pattern of selective enforcement, that should shock the conscience of ANY True & Honest Oathkeeper (please see attached Change.org petition also online at http://www.change.org/petitions/miscarriage-of-justice). Unlike the Sheriffs Department and Bar Panels continued disregard for my own time, as a former LAUSD Mock Trial participant (1991/1992) I very much appreciate the value of your limited time and resources and do not make such requests for Immediate and Compensatory Relief lightly. I have been falsely prosecuted for more than fifteen months and eleven days for falsified misdemeanor charges of Contempt of Court, subjected to civil harassment continuing until present day, and falsified arrests every two weeks during my first pregnancy over the 2011 Holiday Season [November 14, November 30, and December 15] resulting in two in-custody hospitalizations and an unlawful termination of my first pregnancy, under lackadaisical review by both the LASD Internal Affairs AND the LAPD Internal Affairs, and the Long Beach City Attorneys Office, for more than one year without being assigned an investigation number TRUE STATEMENT OF FACTS: 2

1. On November 14, 2011, Melissa Balin had identified herself clearly as an international member of the media there to observe the case of a complete stranger, Daniel Falantoonzadeh, in Case #1JB07173 Upon her unconstitutional arrest several hours later, she was denied medical attention or legal counsel while she was unlawfully searched and had her property removed from her body in violation of the 4th Amendment for assumed arguendo misdemeanor charges that had not been filed yet. It is worth noting that there was no probable cause or reason to search Melissa Balin since she had already been through the court metal detectors and searched prior to entry and was not yet being charged with anything. 2. Even though the entire court staff and all seventeen Sheriffs present that day for whatever reason, were fully aware of Melissa Balins name, they pretended that Melissa Balin was another Sovereign refusing to identify herself, and pretended to learn Balins name while eavesdropping on her interaction with Ambulance Drivers & Paramedic Responders of Unit #804 from Deputy Ferreira eavesdropping, intentionally misspelling it as Balis in order to make it impossible for Balins family attorney, Bruce Margolin, esq., or Lil Zekes BailBondsmen friends, family, or fellow members of the media to find the filmmaker/activist for more than 53 hours, until she was released on her own recognizance in arraignment by Judge Paul T. Suzuki, in Department 80. 3. Melissa Balin was withheld medical attention for her injuries for several hours prior to being removed from the building by paramedics, on a spineboard. Sergeant Brenna Aldana who had filmed Balins unconstitutional arrest accompanied Balin to the emergency room with another deputy. It is worth noting that Sergeant Aldana was present when all parties discovered that Balin was pregnant for the first time prior to having x-rays in the emergency room. 4. On November 14, 2011, Melissa Balin was intentionally and improperly charged with 298.1 Failure to Provide DNA, which is only federally permissible to ask of a felony arrestee. This was not an innocent error, but a willful and malicious mistake to further brand Balin as recalcitrant with a Keep-Away-Six Designation, intended to further curtail her liberty in ways that have since been deemed as unconstitutional treatment, such as the shackling of pregnant inmates, with full knowledge that Balin was being charged with Misdemeanor charges, if she was being charged at all. It is worth noting that the 298.1 charges were no longer being pressed by arraignment on November 16, 2012 after wasting the taxpayer dollars expended in transporting inmates, to intentionally take Balin to the wrong courthouse for more intimidation tactics, solitary confinement for hours, withholding food from a pregnant woman and other sadistic tortures, all while referring to Balin mockingly, as The People of California. 5. Whether or not the prosecutor was aware of the falsified charges at the time of arraignment, one need only look at the arrest complaint, warrant, and transcript, to see that no charges should have been filed in this case, and that this is a case of selective enforcement on the part of the LA Sheriffs Department in collusion with the City Attorneys Office. 6. It is worth noting that the arrest complaint was signed by one of the Sheriffs, documented as being involved in using excessive force during the arrest, and that the actual arrest warrant was not signed until November 16, 2011 by LASD Detective Bayes, after all parties were aware that Melissa Balin was two weeks pregnant; without any Internal Affairs interview of Balin with regards

to what happened in spite of her documented in-custody hospitalization, other than Sergeant Dancels interrogation without Mirandizing Balin, which was not given over in discovery and denied as even existing, for more than six months; and without ANY ORDER TO SHOW CAUSE FORM JUDGE RENE KORN. 7. According to Masinter 355 So.2d 1288, the power to jail for contempt is given "on the assumption that it will be judiciously and sparingly employed".and this outrageous abuse of authority under color of law, was neither. 8. On November 30, 2011, Melissa Balin was unconstitutionally arrested by the LAPD, along with 292 other innocent victims, for pretending to film the LAPD with a camera that had run out of battery while she wrote down the badge numbers of abusive officers by hand on a yellow legal pad; with full knowledge of all parties that Melissa Balin was both pregnant AND an international member of the media, as well as that Balin was scheduled for a pre-trial hearing in three hours and had no intention of being anything other than compliant in order to be able to make it to court on time. 9. Melissa Balin was on the cover of that mornings LA Times (see attached), with the caption, Melissa Balin yells at the LAPD so it is hard to imagine that the court was not aware that Balin was in custody, but under this pretense, a bench warrant was issued for Balin WHILE SHE WAS ALREADY IN CUSTODY UNDER THE SAME NAME. 10. On December 8, 2011, it became known to all parties that contrary to falsified Sheriff reports, Judge Rene Korn had NEVER found Melissa Balin in contempt of court and had only asked for Balins removal from the court room. Upon this discovery, Court Counsel D. Brett Bianco made Judge Korn unavailable for any questioning other than during trial, resulting in a flagrant and unconstitutional suppression of evidence for OVER ONE YEAR until it was finally acknowledged by the court on January 31, 2013. 11. On January 3, 2012, Lieutenant Mack, who is not only a key witness in the case, but the Supervising Watch Commander for the entire Clara Shortridge Foltz Criminal Justice Center building, cornered Melissa Balin in the lobby of the courthouse, asking how she had been, as witnessed in full public view. Balin told Lieutenant Mack that she had had a miscarriage over the holidays. Lieutenant Mack said that he was sorry to hear it and while tapping his gun, he said, maybe you should find a safer way to get your message out? 12. It is worth noting that Lieutenant Mack signed off on his own Use of Force Investigation on January 4, 2012, the day after he learned of Balins miscarriage. OTHER POINTS AND AUTHORITIES: Title 18, USC, Section 4 states, Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation, include: * Lack of supervision/monitoring of officers' actions; * Lack of justification or reporting by officers on incidents involving the use of force; * Lack of, or improper training of, officers; and * Citizen complaint processes that treat complainants as adversaries. The words of the great Abraham Lincoln, another autodidact of the law, who said, We The People are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution. CONCLUSION: In light of the irreparable damage of the miscarriage of Melissa Balins first pregnancy, for which there is NO remedy, We The People, demand an immediate investigation into the continuing cruel and unusual punishment of the pregnant women currently incarcerated in Los Angeles County, in the hopes of saving the unborn children of Lynwood, who currently have no ability to petition the courts on their own behalf. Please see attached Petition for a Writ of Prohibition, Quo Warranto, Mandate or Other Immediate Relief dated November 26, 2012. Regardless of my current disillusionment with the alacrity of Justice and Discipline when it comes to the Unbecoming Conduct of Los Angeles Law Enforcement representatives acting with impunity under color of law, I continue to peacefully make a record in hopes of the day when someone will do something about these continuing and malicious malfeasances of Justice being committed in full public view against the Good People of California. I would like to see some kind of discipline for confirmed violations of the Constitution for the United States of America, as well as the California State Constitution of 1849, committed by more than twenty-three members of the LA County Sheriffs Department acting under Color of Law, as well as sanctions against these deputies including but not limited to discipline, and/or prohibiting them from carrying firearms or from ever again levying unsubstantiated and/or falsified charges against another innocent victim. Thank you for your time and attention to this matter of great importance to Justice For All. Most Respectfully, Melissa Balin Filmmaker/Defendant/Victim On behalf of The People of California 323.839.0149 cell http://www.twitter.com/Balin4Mayor

#ExonerateMelissaBalin Attachments: Letter to Melissa S. Balin from Sheriff Baca signed by Captain Steven E. Biagini Change.org Miscarriage Of Justice Petition signed by over 500 citizen journalists worldwide The Brookturn Co. Internationally syndicated media outlet On behalf of The Sovereign Nation of Freedom & Peace 10153 Riverside Drive Suite 465 Toluca Lake, CA 91602 Cc: Steven E. Biagini, Captain, Court Services Central Bureau Lieutenant Dale Gulley, Court Services Central Bureau FBI Criminal Division For Official Misconduct Special Litigation Section of U.S. Department of Justice, Civil Rights Division Southern Poverty Law Center American Civil Liberties Union Jayne Kim, State Bar Chief Trial Counsel Steve Cooley, Los Angeles District Attorney Drew Wade, U.S. Marshalls Governor Jerry Brown Office of Investigative Review Los Angeles County Grand Jury Chief Beck, LAPD California Commission on Judicial Performance Countywide Criminal Justice Coordination Committee

You might also like