False Police Report

[Johnmelissa]

My neighbor has filed 3 police reports that were false and contrived against 3 different individuals at my house. There is obvious malicious intent and with no evidence. All testimony has been refuted. There has been 1 arrest and NO charges were filed. Why hasn't the Sheriff arrested my neighbor for filing false reports? Here's the answer: my neighbor is a Sheriff's Deputy in the adjacent county. 3 false reports. 1 false arrest thrown out by the D.A. Whom do I call to have my neighbor arrested since the local Sheriff won't?

John and Daughter Melissa

 

[>Charlotte<]

Your situation has already been discussed and answered numerous times on this site.

 

[CdwJava]

My neighbor has filed 3 police reports that were false and contrived against 3 different individuals at my house. There is obvious malicious intent and with no evidence. All testimony has been refuted. There has been 1 arrest and NO charges were filed. Why hasn't the Sheriff arrested my neighbor for filing false reports? Here's the answer: my neighbor is a Sheriff's Deputy in the adjacent county. 3 false reports. 1 false arrest thrown out by the D.A. Whom do I call to have my neighbor arrested since the local Sheriff won't?

John and Daughter Melissa

How about suing him?

The burden of proof for a civil suit is lower in a civil suit than in a criminal matter. Almost NO ONE is arrested for filing a false report - at least here in CA. The burden of proof is quite high, and having a case tossed is not proof of the elements of a false arrest.

The Sheriff's department cannot just arrest someone because you believe they committed a crime. An arrest requires "probable cause", and unless it's a felony, it would have to go through the complaint process to the DA. If the sheriff's office is not willing to write and submit a crime report, perhaps you need to talk to the local DA's office and see if they will step in and conduct the investigation, or, contact the Attorney General's office.

Ultimately, these matters are hard to prove.

If you want a pound of flesh, hire an attorney and sue.

- Carl

 

[Johnmelissa]

Clit 747, this is the 1 year anniversary and the D.A. may not file unproveable false charges against me for the corrupt "brotherhood" police involved even if he wanted to. Nobody's holding a gun to your head. Go read your Hustler and eat your doughnut!

Carl, 3 reports with NO evidence and 1 arrest that was ignored by the D.A. This repetition defines malicious intent. These reports and arrest have FAILED because there is no substance or evidence. One uninvolved detective told me the cops weren't "mad enough" to push charges through. It's completely arbitrary and there's is much more "evidence" against my neighbor who has made 3 false reports than there will ever be against 3 different individuals at my address. I have sued and the neighbor's entire family calmly lies in legal forums. It's Kafkaesque, bizarre, demoralizing and unbelievable that this is a "sworn police officer" and his family. Even more serious, on one occasion, the local Sheriff's Dept. allowed itself to be completely manipulated into an action that it had to withdraw within 3 or 4 weeks. An apt description would have been "childish" behavior by th police (i.e. Sheriff's Dept.). Everyone on my side is willing to take a lie detector and in episode 2, the neighbor said his video surveillance system didn't work while in episode 3, he said he had video evidence. After a while it becomes comedy. I was a juror for attempted murder. Jurors would have seen through this idiotic "case" within minutes. I guess False Reports are like perjury. In a courtroom it's everywhere, even coming from the judge. It's really unfortunate to think that my father and relatives fought in wars (I have a Purple Heart from Viet Nam) to defend and preserve this corrupt legal system. I just wanted to check that final point. If all 3 police reports, including an arrest failed, it would seem that the police would turn around and go after the party filing the failed and false reports. Carl, thanks for providing the OBJECTIVITY on this forum.

 

[CdwJava]

Carl, 3 reports with NO evidence and 1 arrest that was ignored by the D.A. This repetition defines malicious intent.

No, it does not "define" malicious intent. It might imply some form of malicious conduct if the malice can be proven, but this can be a high burden of proof.

These reports and arrest have FAILED because there is no substance or evidence.

Okay. Again, this happens with some frequency. People often make allegations that are not supported by additional evidence. I suppose THEY could easily say YOU are the one who is lying.

I have sued and the neighbor's entire family calmly lies in legal forums.

That would make it tough to prove intent, then. I have no way to know whether they are lying or just have a different recollection or version of events. Being incorrect is not a lie - and certainly not proof of malicious intent.

When a case comes down to two people with diverging points of view on the same event(s), it makes proving either account almost impossible.

Jurors would have seen through this idiotic "case" within minutes.

Then hire an attorney and sue.

As I said, a civil case has a much lower burden of proof: 'Preponderance of the evidence' as opposed to 'beyond a reasonable doubt.'

- Carl

 

[>Charlotte<]

Clit 747, this is the 1 year anniversary and the D.A. may not file unproveable false charges against me for the corrupt "brotherhood" police involved even if he wanted to.

Ummm...okay. Happy anniversary?

Nobody's holding a gun to your head.

And I didn't think I felt a barrel. I posted a comment because I chose to do so.

 

[Johnmelissa]

False Report

This exercise is nonsensical. The illegal acts of the neighbor are numerous and a matter of record with documentation. He has attempted to have me arrested and prosecuted by filing false reports and the record of his failure demonstrates that. In context, the malice is overwhelming and clear. 7 years ago the "sworn police officer" tore down a section of my fence. The city compelled him to reconstruct it and informed him that he could not touch that fence. This is only one example. He trespassed and damaged my property and EVERYONE knew it. I called and asked the Sheriff to arrest him. He was not charged with anything. He has been perpetrating illegal acts since then. 3 formal complaints have been sustained against him by his agency. He has made agreements to modify his behavior before a judge in court. He has an Arbitrator's judgement to STOP shinning FLOOD lights at my house. In an ARBITRATION hearing, his wife LIED and said I called her a racist epithet. I don't say a word to her or them because I have a Stipulation For Entry of Judgement precluding it. SHE JUST LIED. The "sworn police officer" sprayed me with water, disappeared into his house and had his wife call the cops and LIE saying that I had sprayed her and her son. FACT: I sprayed the neighbor after he sprayed me and I NEVER SPRAYED HIS WIFE OR SON. The responding cop didn't tell me anything, would not listen to anything I, my wife or my daughter had to say and put cuffs on me. He would not go get the video that showed the whole incident. I told the D.A. that I would take a lie detector. I have NO fear of the truth. I have fear of the "brotherhood" and corruption. But I have tried to ask the question: when does the Sheriff Dept. finally say enough is enough and arrest and prosecute the "sworn police officer" and his wife for filing false reports? Everything they've tried on 3 occasions, including an arrest that was laughed out of the office by the D.A., has FAILED because there is no evidence and no truth. PAY ATTENTION. It's over. The arrest and charges FAILED. 3 of them. How long do the "sworn police officer" and his wife next door get to continue this ridiculous and corrupt behavior in conjunction with local Sheriff's Deputies? The neighbor files charges and the cops keep arresting and investigating my family and nothing ever happens. When do they get prosecuted for false reports? You say these claims are hard to prove. Why was my arrest so easy? They never proved ANYTHING after that because they can't because there's no evidence because all they do is lie. And the cops go along with it and have for 7 years even when I have pictures and letters from the city telling them to stop and repair, for example. Everyone knows the truth and no entity does anything. I guess you here and the police have a bias that will not allow you to EVER perceive and acknoledge the truth. That's the BROTHERHOOD. Please correct me if I'm wrong. LOOK AT AND READ THE TRUTH. There's a reason you resist the truth and the facts. What is it? I have 7 years of video and documentation of the facts and the truth. I have 3 sustained complaints from the neighbor's agency. What do you want? How long until the police do something about false reports?

 

[CdwJava]

This exercise is nonsensical.

So it would seem.

The illegal acts of the neighbor are numerous and a matter of record with documentation. He has attempted to have me arrested and prosecuted by filing false reports and the record of his failure demonstrates that. In context, the malice is overwhelming and clear.

In your opinion and maybe that of others, that might be so. However, no DA can prosecute with proof beyond a reasonable doubt. A failure to sustain a complaint is NOT proof of intent. His other bad acts with regards to a mediator and internal complaints are also not proof of intent. They imply a motive to make such false reports, but they do not prove it. There may BE enough to prove the case, but if the locals are not going to prosecute you should take it to a civil court.

If you believe you have a case and the locals are not dealing with it, talk to the DA - find out what HE (or she) wants in order to prosecute.

When do they get prosecuted for false reports? You say these claims are hard to prove. Why was my arrest so easy?

You were charged with reckless driving, as I recall, based upon statements of someone else - not the observation of any officer.

I guess you here and the police have a bias that will not allow you to EVER perceive and acknoledge the truth.

Oh, please. I have seen many officers fired and prosecuted for malfeasance, so you cannot say it does no happen. *I* don't know what evidence you have. But, when you say that all these parties - including, apparently, the District Attorney - are all conspiring against you for some reason, it leads me to believe that a case for false reporting is not as strong as you think. Either that, or there are a great many people in your county and city that have decided on a whim to commit felonies just to protect some rogue cop.

Sorry, that just doesn't make sense. Even if there is a reluctance to file against an officer, what DOES make sense is that there just does not exist enough proof to convince a DA that he can prevail at a criminal trial.

Is there any reason you have not taken the neighbor a to a civil court for all these acts? If so, why not? You have a much better chance of prevailing in a civil court than in a criminal one.

- Carl

 

[>Charlotte<]

There's a reason you resist the truth and the facts. What is it?

Which is precisely why nobody is going to get anywhere with you. Your truth is the only truth. Your facts are the only facts. Nobody on this entire board applies logic and reason more efficiently than CdwJava, yet you continue to go around and around in circles with him, yammering on about Brotherhoods. Any disagreement with your so-called "facts" is immediately dismissed by you as some kind of loopy conspiracy.

I don't know what you're trying to achieve by debating this nonsense on a message board, but why don't you just stop whining and go sue somebody?

 

[Zigner]

Johnmelissa -

Please post here, word for word, what you WANT to hear and I will cut/paste it back to you. Of course, that won't make it true, but it should give you what you are looking for on this thread...

 

[Johnmelissa]

False Report

Carl, I have presented facts and documented proof. I have prevailed with sustained complaints in 3 cases. I withdraw the general implication of corruption and posit that cops supported cops once the ball began rolling downhill rather than determining the facts and truth and not arresting me in the first place and arresting the neighbor for false reports. The cop that arrested me had been out on my call before. After talking to the neighbor and discovering that he was a fellow police officer, he was rude and abrasive and pursued some bizarre claim by the neighbor about a lost football. I called the cops because the neighbor threw objects at me and I get the third degree. The only rationale was the neighbor's police status. Some months later, the same cop comes out and, without a word to me, arrests me without any evidence and the D.A. threw it out in a couple of weeks. You're correct. I have FAILED because I can't communicate the raw facts. I told you about TRESPASS and DAMAGE (vandalism), proved it and the Sheriff would not arrest the neighbor, as one example. They arrested me without any hesitation. I PROVED to his agency that he, among other violations, trespassed and they sustained the complaint but the local Sheriff would not arrest the neighbor for trespass. But they immediately arrested me for something I absolutely did not do and there was no evidence and the D.A. laughed it out of his office because I told him I would take a lie detector. What do you call it when the Sheriff won't do anything against the "sworn police officer" neighbor but arrests me and has the D.A. throw it out. Maybe I'm saying this: there is a 17 point, 7 year PATTERN that is clearly discernable, documented and proven and the Sheriff ignores it while he continues to accept FALSE REPORTS that the D.A. throws out rather than prosecuting the neighbor. In terms of the courtroom, it should be simple to present the false report and demonstrate the failure to discover any evidence to support it on 3 separate occasions. Seems simple to me. How many times does one get to file a report that is simply a voiced complaint that is never supported by evidence. I guess you will never believe these facts and move on to a solution but the neighbor is a cop who plays endless legal games. I don't know what arguments he presented but in a TRO hearing, he (filipino) convinced another neighbor (black) to lie and say he say my daughter's friend driving wrecklessly in the neighborhood. They produced not one shred of evidence, just lies. The point, the neighbor and the cops are familiar with the law, play games with the law and support each other. The truth and the facts be damned. I just want to know how many times does the neighbor/cop get to make false reports that go nowhere before the locals or somebody has to call a spade a spade. I think your answer is that the cops get to claim that they can't see the facts, the truth and what is really happening even after his own agency sustained against him 3 times. Ya know, if he had given me a moment to explain, I could have shown the cop that arrested me the truth and he could have watched the whole event on video and he could have saved the county the time and money to throw out the charges against me. You're saying they did the arrest correctly and I'm saying the facts and the truth wouldn't, didn't and never would support an arrest. I turned out to be correct. The arrest was false but the police did the false arrest correctly. Wonderful. The neighbor's reports were false but they were falsely reported correctly. NONSENSE. Here's a question: where does a WRONG situation like this get corrected? Additionally, this neighbor/cop's agency knows that he's a psycho yet they don't terminate him. NONSENSE.

 

[Johnmelissa]

False Report

1. How many times does a police agency get to submit to the D.A. cases that FAIL?

2. After how many FAILED cases does a police agency investigate itself?

3. Is there a mechanism whereby police agency case failures are addressed?

 

[Johnmelissa]

False Reports

I'll go for expungement and move on. The cops do what they want and there is no oversight.

The heated discussions on these boards are productive. I hope no one is too offended.

I will take the following line from this colloquy:

The arrest was false but the police did the false arrest correctly and the neighbor's reports were false but they were falsely reported correctly.

Thank you.

 

[CdwJava]

Carl, I have presented facts and documented proof.

To whom? Try the DA if local law enforcement won't do anything. Maybe ask for a reason for no prosecution in writing from the local cops and the DA ... they MIGHT give you one.

You can also contact the CA Attorney General's office, and even the media.

And, of course, there is that civil suit which you seem to be reluctant to file for some reason. If there is so much proof, then you should have no trouble prevailing at trial.

In terms of the courtroom, it should be simple to present the false report and demonstrate the failure to discover any evidence to support it on 3 separate occasions. Seems simple to me.

What it SEEMS and what it will be in court are different matters.

What has the DA said when you asked HIM about prosecuting the neighbor? Does he agree with you that it is a viable case?

How many times does one get to file a report that is simply a voiced complaint that is never supported by evidence.

One can report almost anything ... prosecuting it successfully is another matter entirely.

I guess you will never believe these facts and move on to a solution but the neighbor is a cop who plays endless legal games.

It is not that I don't "believe" you. But, the legal system is not as simple as you seem to make it out to be. Certain offenses have a very high burden of proof that can almost never be attained. What might be simple to you or even me is not often so simple for the DA. Since the DA has to prosecute the case, HE is the one that needs to ascertain the strength of the case. And, proving intent can be difficult.

I don't know what arguments he presented but in a TRO hearing, he (filipino) convinced another neighbor (black) to lie and say he say my daughter's friend driving wrecklessly in the neighborhood. They produced not one shred of evidence, just lies.

And until the court develops mind reading capability, liars will muddle the system ... they always have.

I just want to know how many times does the neighbor/cop get to make false reports that go nowhere before the locals or somebody has to call a spade a spade.

There is no magic number. The proof is the INTENT. Proving that he knowingly and maliciously lied is tough. Being WRONG is no a lie, and not having a case sustained is also not a lie. A lie is a knowing and intentional misrepresentation - something that is very difficult to show. A prosecution for even blatant perjury is rare due to the burden of proof.

You're saying they did the arrest correctly and I'm saying the facts and the truth wouldn't, didn't and never would support an arrest.

I don't know if it was procedurally correct or not. I wasn't there and did not review the report or circumstances. However, an arrest requires only probable cause. There is no legal obligation for the officer in the field to view potentially exculpatory videos or evidence prior to making the arrest. It would be NICE if the investigation were more fully conducted prior to an arrest, but there is no legal requirement.

Here's a question: where does a WRONG situation like this get corrected? Additionally, this neighbor/cop's agency knows that he's a psycho yet they don't terminate him. NONSENSE.

So ... WHY DON'T YOU SUE THE NEIGHBOR???

Obviously he is not going to get criminally prosecuted. Sue him!

- Carl

 

[CdwJava]

1. How many times does a police agency get to submit to the D.A. cases that FAIL?

As many as they can print. There is no maximum number of complaints that can be forwarded to the DA by a single complaining party.

2. After how many FAILED cases does a police agency investigate itself?

There is no number. The agency should look into any allegation of misconduct, but whether the agency CAN conduct an internal investigation based upon your problems with him is questionable. A nexus between his employment and the action has to be shown. Some agencies will investigate simply because you KNOW he's a deputy and thus for their own reputation they need to look into it. However, if the agency makes a mis-step, THEY can be sued if they cannot properly articulate that nexus between the problem and the employment.

3. Is there a mechanism whereby police agency case failures are addressed?

Yes. You speak to the DA and then the Attorney General. Plus there is the city council or county board of supervisors, and even the media.

- Carl