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Riverside DA: AO's evidence destroyed

Discussion in 'GoldBase' started by mnql1, Aug 8, 2009.

  1. RightOn Member

    Re: Riverside DA: AO's evidence destroyed

    I also don't understand why they went through THREE DA's already? Is this at all normal?
    What is the reason the other three are off the case now.
    Any lawyer fags or court savy fags that can weigh in on this?
  2. Ogsonofgroo Member

    Re: Riverside DA: AO's evidence destroyed

    Isn't destruction of evidence 'tampering'? at the very least?

    This stinks worse than a Durban beach at low tide imho.
    Judge should be making some major ethics calls and instigate an investigation why proper procedure and due process and disclosure here are so obviously being torpedoed. Sounds almost like there are termites in de woodwork eh.

    Great Berry document, an good read that puts things straight to the point, and good people be smart and backing stuffs up, I think that is essential when dealing with cult issues.

    *popcorn in buckets* watch where this goes.

    :)
  3. Sponge Member

    Re: Riverside DA: AO's evidence destroyed

    There is no "we have been informed by donut police department that....(etc)", no timeline, no audit (like where the fuck was it beforehand and who was accessing it), no volunteering of information that might explain why. Just a statement of bare fact on DA letterheading, "The shit's gone....<shrug>". Typical lawyer behaviour? i.e. never volunteer anything, wait to be asked.
  4. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    Can someone tell me who is the "victim" in this destroyed evidence? Was it photos of AO bruises? Was it the scilon who was bitten?

    I just can't understand this... The case say DEFENDANT: AO...

    So, AO should be rejoicing if the DA destroyed evidence from the victim. (Considering the case is criminal against AO for assault, bodily harm, or whatever).

    If the "victim" photos and interview here is AO, then I'm not sure if it is relevant to a criminal prosecution. He would be given time in court to present his defense and his interview would not be something considered evidence of his crime.

    The whole thing is confusing. Why would the DA destroy the photos of the cult bit victim? Maybe they are trying to accidentally the whole case so they can drop the charges because, frankly, AO is too crazy to deal with (if I was a sheriff or DA staff)
  5. Smurf Member

    Re: Riverside DA: AO's evidence destroyed

    Burglarizing offices is nothing new to Scientology's war with attorneys hostile to their agenda. Getting hired on as maintenance staff that worked at buildings where these attorneys had their offices were an important steps in OSA's unlawfully retrieving documents.

    It is no secret that I was the perp, under Rick Moxon's direction, that used a Christmas visit to attorney Ford Greene as a means to infiltrate & burglarize his law office in the late 90's.
  6. Ann O'Nymous Member

    Re: Riverside DA: AO's evidence destroyed

    TTBOMU, there are two procedures:
    - The original one against AO,
    - The new one against the guards.

    Other aspects might lead to legal action, like the police refusing to hear AO's complain against the guards, the destruction of evidence, etc.
  7. anonsparrow Member

    Re: Riverside DA: AO's evidence destroyed

    Awesome. As far as I'm concerned you have made up for all bad acts in the past and are now in good standing with the human race. And I'm pretty much like ten people.
  8. Smurf Member

    Re: Riverside DA: AO's evidence destroyed

    The evidence included a recorded interview AO & Graham Berry had with a Sheriff's investigator, a DVD of the actual assault by Gold Base guards (which was shown to the world on YouTube) and photos that AO submitted showing his injuries he sustained at the hands of the Sci guards.

    Every bit & strand of evidence in the hands of the Sheriffs Dept is logged & given a number before it is ever handed over to the DA's Office. Thus, a chain of custody is produced. If evidence is destroyed, it would not be difficult to learn who had custody of said evidence before it was destroyed.

    Many court cases have been dismissed over mishandling of evidence. It's surprising that Graham didn't request the judge to dismiss the case over it, but I presume Graham & AO wants a trial so they can harpoon the cult.

    It's also very telling that the 4th deputy DA assigned to the case, Rami Nicola Haddad, has only been a practicing attorney for 1.5 years. AO's trial has been rescheduled to October 30, 2009 @ 9:00AM in Murrieta.
  9. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    I still don't understand wtf AO photos of his own injuries have to do with the criminal charges against himself. That is like a drunk driver who hit a tree sending in pictures of the bruises... I dunno if everything you drop off with the sheriff is "evidence" especially stuff you can introduce to the court when you put on a defense. Public record, probably.


    Anyways, DA letter said it was evidence destroyed... not sure if the DA ever got it, or if one DA to another lost it.

    Anyways, that letter is full of lies from AO... lol, he got scared and jumped off the trail, and then there was a car all the sudden in front... So he would be impeached so badly from all his different accts. So maybe this procedural issue is a win for him.
  10. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    No, his injuries show that it was reasonable for him to fight back, because they were using excessive force. As for the biting, I don't know.

    AO submitted video evidence of what happened. I think the court would consider the video as more reliable than both the protester and the cult security guards.
  11. Zak McKracken Member

    Re: Riverside DA: AO's evidence destroyed

    LOL, you mean: a drunk driver who hit a tree that (according to the driver) jumped in the middle of the road and walloped, then arrested him?

    .....

    The injuries AO may have experienced matter:
    because they add to the context of all the events occurring that day.

    IIRC CoS claimed they politely asked him to move, then he verbally and physically assaulted the CoS security guards. Who then restrained him for their own protection.

    AO may be claiming a different course of events happened. Documentation of his apparent injuries suffered at the hands of the CoS guards may support his version of those events. Or otherwise. Regardless, it's evidence concerning the affair.

    ^^^
    this
  12. determu Member

    Re: Riverside DA: AO's evidence destroyed

    Security guards are regulated by BSIS

    BSIS has regulations

    however most security guards tend to just be warm bodies thus people think there are none.

    These things include Uniform standards, paperwork be in order and being available at all times to the BSIS , all weapons from baton to gun to taser have to have be recorded and the security guards must have a current license for each.the penalties for not compiling can range anywhere from 400 dollars to thousands per offense.

    and most of all if Scientology is funding them in-house they can be liable.

    what uniform did they have on?
    what did they carry, taser, gun, mace?
    did they announce themselves when they took you down?
  13. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    Yeah, you could say that. They shouted "YOU'RE UNDER ARREST FOR TRESSPASSING" and then tackled him to the ground.

    Not how you respond to a tresspassing.
  14. Re: Riverside DA: AO's evidence destroyed

    See what you think:
  15. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    Wrong. Lurk moar. Watch the video, the entire exchange including the prelude of fuck yous is on tape. User the search for threads with AnonOrange here or youtube (I think they are at Vimeo)
  16. determu Member

    Re: Riverside DA: AO's evidence destroyed

    i see several things, BSIS requires these things

    -there are no patches on the shoulder to determine the company of all security personnel
    -There take down was clearly wrong form, tackling a non violent person
    -They have a baton, but no pepper spray (denotes no company or lack of supervision)
    -IF they ever left the property while they were on duty and they had the baton on them It is the same if they were carrying a lethal weapon. (won't help though)
    -They have on no identifying colors to show that they are a security guard
    -A security officer cannot 'arrest' anyone they can place a person under a 'private person arrest' (which replaced citizens arrest)
    -Trespassing is a misdemeanor not a felony, i'm a bit rusty on my BSIS regulations but i think a 'private persons arrest' can only be done if there a felony about to be committed or being committed.
    -Throwing her against the car door without putting her under 'private persons arrest' ( denotes they have a financial or personal reason for the assault)

    For these reasons and more i think this is not the work of a private company contracted out, but that these are perhaps member of the church of Scientology, or perhaps have has minimal to no training, from the video i see no clip board in either car, which all security guards have on them when they do "extended patrols"
    if this is true this could mean that the church could be beyond liable for any and all damages

    On Monday or Tuesday i'll go talk to a guy i know he still has a PPO, I'll get his take on it.

    This seems to be ten tons of wrong

    on a side note who ever took the video, bravo this is some dam good video taping under pressure
  17. Uncle Bruce Member

    Re: Riverside DA: AO's evidence destroyed

    Was it ever found out for sure where the property line was? I don't know about CA, but with Florida's new "stand your ground" law you can use whatever force necessary, including legally licensed fire arms, to protect yourself against an illegal assault.
  18. determu Member

    Re: Riverside DA: AO's evidence destroyed

    well here is something disturbing, None of the men mentioned in the court document

    Have a security guard licenses! go look for yourself.

    Verify a License - Bureau of Security and Investigative Services

    no one picked up on that?

    are those the true names of the men who assaulted us?

    which also means if they didn't have a license that they also didn't have a baton license, did the police not check there guard card?
  19. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    Wow, if you are interested there is a thread with like 300 pages covering this topic back when it happened. Many of these things are answered.
  20. Sponge Member

    Re: Riverside DA: AO's evidence destroyed

    Note this interesting comment in the OP:
  21. Uncle Bruce Member

    Re: Riverside DA: AO's evidence destroyed

    I was pretty sure the attack did not take place on cult property, which would pretty much put paid to the whole case. I'm assuming any survey AO would submit would substantiate this.
    That being said, the cult is in deep doo doo. In FL it would be false imprisonment, just short of kidnapping, and a felony, with assault on top of it. Could be a big payday for AO and Barb.
  22. Re: Riverside DA: AO's evidence destroyed

    Graham & AO probably want trial instead of easy dismissal.
    It is also possible for the Rookie ADA to move for dismissal.
    If he does he is sure to get the charges dropped.
    Graham will still be there demanding that the Judge order the
    DA to explain why it took so long, why they thought they
    had a case before and what changed their mind, etc etc
  23. DeathHamster Member

    Re: Riverside DA: AO's evidence destroyed

    This was covered in a thread back when. Some of the Gold security guards (Scientologists) have licenses, but it's not clear if all the people involved did.
  24. Suzette Member

    Re: Riverside DA: AO's evidence destroyed

    The attack unquestionably took place on cult property. What's disputed is whether AO was on the easement for the road. He thought he was, and with good reason.

    Even if you accept the smaller easement and say AO crossed it, the law clearly states that you have to have those valid NO TRESPASSING signs and then politely ask people to leave before you arrest them. And if you do arrest them, and they don't leave, you don't gain the right to beat them up. You're supposed to call the cops to beat them up, unless they start doing something immediately dangerous, like messing with your stuff. Then you can make a citizen's arrest.
  25. Zak McKracken Member

    Re: Riverside DA: AO's evidence destroyed

    Well,
    he was "messing with their stuff".
    That is, he was investigating the flares they had lit and chucked in close proximity to his vehicle and to shrubbery (possibly in violation of CA fire codes).

    I'm sure the value of their precious flares overrides any civil rights AO may have had, and any right to verify that his own vehicle was undamaged.
  26. LilDebbie Member

    Re: Riverside DA: AO's evidence destroyed

    well that's peachy.

    i didn't see anywhere in the thread, but has baca been informed?

    my bet is on the sheriff's dept trying to give graham an easy out in the hopes he doesn't uncover the fact they are bought and paid for muscle for the cult.
  27. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    " unquestionably " I don't think that means what you think it means, Suzette.

    At least one of the guards involved did not have a guard card. That makes the actions taken by cult security a major fux paws with serious implications.(are you reading this KENNY? Turn states evidence and they might make a deal.)
  28. Smurf Member

    Re: Riverside DA: AO's evidence destroyed

    Puhlease. AO was charged with a felony assault charge. The DA dropped the felony and AO is being prosecuted on a misdemeanor trespass & misdemeanor battery charge. Hardly any reason for Kenny to being worried about any reprecussions.
  29. caekanon Member

    Re: Riverside DA: AO's evidence destroyed

    Getting the 3 scilon security guys prosecuted is epic, keep the pressure on!
  30. Smurf Member

    Re: Riverside DA: AO's evidence destroyed

    I suspect that will never happen. I do expect AO to sue the 3 guards in civil court and prevail with damages.

    If this would occur, I can almost guarantee you that DM will make the 3 guards "disappear" to Europe or So. America and will disavow any knowledge of their whereabouts (as they did with Lisa McPherson's handlers).
  31. xenubarb Member

    Re: Riverside DA: AO's evidence destroyed

    Awww Suzette, you are so very, very wrong!
  32. xenubarb Member

    Re: Riverside DA: AO's evidence destroyed

    It might be time for the other person the guards assaulted to press charges against the three stooges...just sayin'.
  33. ArnieLerma Member

    Re: Riverside DA: AO's evidence destroyed

    This reminds me so much of how Riverside DA Grover Trask "GOT" Kieth Henson a decade ago.

    The Operating Policy is "MAKE IT GO RIGHT" The Supreme Test of a Satan by Hubtoad.

    Full caps in red ink in original HCOB:

    "THE SUPREME TEST OF A THETAN IS THE ABILITY TO MAKE THINGS GO RIGHT"

    Sounds like Nazism to me...
  34. Smurf Member

    Re: Riverside DA: AO's evidence destroyed

    It's my understanding that "the other person" would have to file charges at the Hemet Sheriff's Station in Riverside, CA...

    ..where pro-Scilon deputies almost arrested Resistance, mistaking her for this other person.

    I would strongly encourage "the other person" to speak with an attorney first before making any decisions.
  35. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    Yeah, you're probably right. It's not as if he baited anybody to come after him and then assault and batter them under false pretenses like trespassing when he didn't even have the legally required license to be a guard or anything like that.
    Hardly any reason for Kenny to being worried about any repercussions at all other than the free trip to oblivion DM will provide.
  36. Suzette Member

    Re: Riverside DA: AO's evidence destroyed

    Uh, guys, if you look at the maps, the cult owns a big rectangle of land with a road going through it. The cult technically owns the land under the road, they just have to let people drive through there. In the event that the state decided to close that road forever, the cult would get the land and have the right to put a building on it or whatever. It wasn't trespassing if he was within the area the public is permitted to use.
  37. Anonymous Member

    Re: Riverside DA: AO's evidence destroyed

    Just guessing here but uh...
    you're not an attorney are you, Suzette?
  38. TomVorm Member

    Re: Riverside DA: AO's evidence destroyed

    The land has belonged to the government, at least since a 1920's deed.

    Depending on the status of that particular stretch of road, it's administered by either the county or the state.

    It's a rare practice to take a road out of the public domain, but when that happens there are hearings by oversight agencies (and a formal transfer of a road would require recording of a deed to the underlying land). Someone like a Jeff Stone would have to be in a position to get that done.
  39. Oswald2001 Member

    Re: Riverside DA: AO's evidence destroyed


    I believe the 'heart' of the case is to delineate exactly where The CULT private property boundaries are.

    This would determine if AO was actually trespassing or if The CULT goons falsely imprisoned/kidnapped AO.

    AFAIK, as it stands now, no one has gotten down to exactly where the boundary lines are, so, each side is reduced to pointing accusatory fingers.

    IMO, the best of all possible worlds would be to have the exact boundaries of The CULT compound delineated with a clear physical marker (i.e. fence, surveyor's markers, etc.) which would also clearly delineate the exact boundaries that the protesters may legally use.

    Of course, this still does determine whether The CULT goons acted within legal bounds with their SS jack booted thug tactics.


    IMO, the last thing The CULT wants is to have the exact boundaries of The CULT compound be an indesputable fact and easily accessible public knowledge since they thrive on uncertainty and confusion.
  40. Sock Puppy Member

    Re: Riverside DA: AO's evidence destroyed

    Thank you, I've taken a fair amount of crap from people that think I should have "done something."

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