juliecompton
Junior Member
What is the name of your state? Hawaii.
In August, 4 cops entered my home w/out a warrant, where no laws were being broken, they broke down my bedroom door, dragged me out by my hair, threw me face first to the floor (blackening my eye), cuffed me behind the back, kicked me in the back, and injured my right elbow/shoulder carrying me to their "paddy wagon" -- all to take me to the hospital because they said a neighbor called thinking I needed help.
I asked why they were in my home and they lied to me twice, first saying there was a loud noise complaint (but there was no noise and my tenants were sound asleep), then saying they "had papers to serve" me, but when I asked for them, there were no papers. I asked for names/badge numbers, but they said, "you don't need that information". So I filed a complaint w/the police commission for violation of civil rights, which wound up being dismissed,, and I think I know why now. Of the 4 cops who entered my home to "help" me, I can only get 2 names: the police dept and police commission refused, and still refuse, to give me the names of the 2 mystery-cops. I think it's because some cop falsified a return of service to provide a "reason" why they entered my home, and it wouldn't surprise me to find that the cop who signed the Return of Service was NOT one of the 4 cops who was at my house in August, although it was dated as if I were served that night.
I learned about the summons and fake return of service in October, after one of my tenant's friends came over and was really drunk and getting violent. I made him leave, to which he threatened to kill me, and he seemed serious enough to me, so I called 911 to ensure he left the property and no one got hurt. When the police arrived that night they asked if I was me, I said yes, and they promptly arrested me. I asked what on earth for, 'cause I knew I'd not broken any laws, and they said there was a bench warrant. I didn't see the warrant itself for hours, but when I did I saw that the return of service that led to the setting of a court date (without my knowledge) was signed and dated the same date those first 4 cops broke my door down and beat me up (just to take me to the hospital -- never charged me with anything).
I thought that was fishy, especially 'cause I KNOW I was never served with anything! Worse, the cops arrested me out of my home at a little after midnight, after I'd called them for help, and the warrant stated right on its face that it "shall not be executed between the hours of 10:00 p.m. and 7:00 a.m., unless upon public property". So the cops shouldn't have arrested me even though there was a warrant. The warrant was to answer to a petty misdemeanor "assault 3" charge which is a joke -- a woman sprayed me with gasoline 15 months ago, and when she did and it hit my face, I instinctually pushed her away in self defense, which is exactly what I told the police after it happened, but the woman naturally left the part where she sprayed me with gasoline out of her complaint and instead said I pummeled her -- although a witness said she saw us talking but never saw any fight or assault, and the cop who took her report said there were no signs of bodily harm, not even red skin.
Anyway, I've asked for a jury trial because it's imperative this bogus case be dismissed or it will likely mess with my job as a substitute teacher. Prosecutors want me to plead to "mutual fray", a petty misdemeanor, but forget it -- I didn't assault her, I protected myself! And there's NO EVIDENCE that could convince a jury of 12, B.A.R.D., that I'm guilty of Assault 3, as defined. I'm hoping that the falsified return of service, which led to an invalid bench warrant, and then to an improper arrest that was conducted against the instructions written in the warrant, might weaken the prosecution's position, if not their fervor.
Thank you in advance for any thoughts or advice you have. The trial is in about a month...any grounds for dismissal?
Mahalo & Aloha
In August, 4 cops entered my home w/out a warrant, where no laws were being broken, they broke down my bedroom door, dragged me out by my hair, threw me face first to the floor (blackening my eye), cuffed me behind the back, kicked me in the back, and injured my right elbow/shoulder carrying me to their "paddy wagon" -- all to take me to the hospital because they said a neighbor called thinking I needed help.
I asked why they were in my home and they lied to me twice, first saying there was a loud noise complaint (but there was no noise and my tenants were sound asleep), then saying they "had papers to serve" me, but when I asked for them, there were no papers. I asked for names/badge numbers, but they said, "you don't need that information". So I filed a complaint w/the police commission for violation of civil rights, which wound up being dismissed,, and I think I know why now. Of the 4 cops who entered my home to "help" me, I can only get 2 names: the police dept and police commission refused, and still refuse, to give me the names of the 2 mystery-cops. I think it's because some cop falsified a return of service to provide a "reason" why they entered my home, and it wouldn't surprise me to find that the cop who signed the Return of Service was NOT one of the 4 cops who was at my house in August, although it was dated as if I were served that night.
I learned about the summons and fake return of service in October, after one of my tenant's friends came over and was really drunk and getting violent. I made him leave, to which he threatened to kill me, and he seemed serious enough to me, so I called 911 to ensure he left the property and no one got hurt. When the police arrived that night they asked if I was me, I said yes, and they promptly arrested me. I asked what on earth for, 'cause I knew I'd not broken any laws, and they said there was a bench warrant. I didn't see the warrant itself for hours, but when I did I saw that the return of service that led to the setting of a court date (without my knowledge) was signed and dated the same date those first 4 cops broke my door down and beat me up (just to take me to the hospital -- never charged me with anything).
I thought that was fishy, especially 'cause I KNOW I was never served with anything! Worse, the cops arrested me out of my home at a little after midnight, after I'd called them for help, and the warrant stated right on its face that it "shall not be executed between the hours of 10:00 p.m. and 7:00 a.m., unless upon public property". So the cops shouldn't have arrested me even though there was a warrant. The warrant was to answer to a petty misdemeanor "assault 3" charge which is a joke -- a woman sprayed me with gasoline 15 months ago, and when she did and it hit my face, I instinctually pushed her away in self defense, which is exactly what I told the police after it happened, but the woman naturally left the part where she sprayed me with gasoline out of her complaint and instead said I pummeled her -- although a witness said she saw us talking but never saw any fight or assault, and the cop who took her report said there were no signs of bodily harm, not even red skin.
Anyway, I've asked for a jury trial because it's imperative this bogus case be dismissed or it will likely mess with my job as a substitute teacher. Prosecutors want me to plead to "mutual fray", a petty misdemeanor, but forget it -- I didn't assault her, I protected myself! And there's NO EVIDENCE that could convince a jury of 12, B.A.R.D., that I'm guilty of Assault 3, as defined. I'm hoping that the falsified return of service, which led to an invalid bench warrant, and then to an improper arrest that was conducted against the instructions written in the warrant, might weaken the prosecution's position, if not their fervor.
Thank you in advance for any thoughts or advice you have. The trial is in about a month...any grounds for dismissal?
Mahalo & Aloha
