Monday, September 28, 2015

Response from City Attorney and then Chief Mylett

SKIP! ==> USE LINK SHORTCUT  TO CHIEF MYLETT'S DRAFT RESPONSE!
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[EDITORS RANT]
THE FOLLOWING IS AN EXCHANGE OF MESSAGES
BETWEEN CITY ATTNY RIORDAN, CHIEF MYLETT, AND MYSELF

 ----- Original Message -----
 From: LRiordan@bellevuewa.gov
 To:  CD
 Cc: SMylett@bellevuewa.gov
 Sent: Tuesday, September 15, 2015 8:23 AM
 Subject: RE: Claim No. - ATTN: City Attorney, council, Mayor, and Risk Management: Help me please.

Mr. D,

This is to acknowledge receipt of your several Emails this past weekend. Chief Mylett and I will respond substantively to you within a week's time.

 Regards,

 Lori M. Riordan
 City Attorney
 City of Bellevue
---------------------------------------------------

[EDITORS RANT]
THE CHIEF THEN EMAILED ME AND WE DISCUSSED MEETING WITH MY FAMILY ON FRIDAY AFTERNOON. I ASKED HIM NOT TO DISPLAY WEAPONS AND CONCEAL CARRY. HE STATED HE COULD NOT BE DISARMED ON DUTY, APPARENTLY NOT UNDERSTANDING, THEN CLAIMED HE ACCOMMODATED ALL REQUESTS.... THE ONLY OTHER ONE WAS TO BRING A CAMERA AND HE DENIED IT! HE ACCOMMODATED NOTHING!

----- Original Message -----
From: SMylett@bellevuewa.gov
To:CD
Sent: Wednesday, September 23, 2015 4:27 PM
Subject: Meeting

Mr. D,
Unfortunately 4 pm will not work for several members of my team who will be attending, so if we can meet at 3 pm on Friday that will ensure I am able to have employees present who can respond to your questions and concerns.

There is another issue that I need to address with you prior to Friday.

While I certainly respect your right to record conversations with a police officer performing an official duty in public situations, not all attendees that will be present during our meeting will be police officers.

My intent with meeting with you and your family was to have a private conversation with all of you to discuss your concerns, so we can begin to work towards a solution. I have made the effort to accommodate your requests that are within my ability to accommodate; I am asking that you meet my efforts half-way as my understanding of the spirit of this meeting was to facilitate a clear and open dialogue where both sides have the ability to freely discuss the matter.

Additionally, I cannot ignore that you have threatened the City with litigation and now inform me of your desire to record our conversation; unfortunately, I now have to question my ability to openly respond to your concerns without first checking with my legal counsel before responding.

Not that you would engage in such behavior, but I have witnessed many manipulations of tapes posted on the internet or by the media that twists the message due to editing.

I intend to have the City Attorney and my legal advisor present at the meeting to help facilitate the discussion and to provide you with first hand expert legal opinions.

I must tell you both do not consent to the conversation being audio recorded. I would certainly encourage you to take notes, but it appears taping the meeting will be a barrier to having this conversation.

Chief Mylett
-----------------------------------

[EDITOR'S RANT]
THE CHIEF ODDLY STATES THAT HE IS UNABLE TO TALK WITHOUT COUNSEL PRESENT, AND THEREFORE CANNOT BE TAPED. YET I AM SUPPOSED TO APPEAR WITHOUT COUNSEL AND SPEAK. THERE IS NO THOUGHT OF MAKING HIS OWN TAPE. THUS, IF THE TRUE IMPARTIAL REALITY IN CONTEXT IS TO BE SHOWN, THEN I MAY NOT MEET WITH MY GOVERNMENT TO AIR A GRIEVANCE. THIS HAS CHILLED MY 1ST AMENDMENT RIGHT TO DISSEMINATE INFORMATION OF THE PUBLIC INTEREST AS AN EXERCISE OF MY RIGHT OF FREEDOM OF EXPRESSION

---------------Original Message--------------------------------
To: Chief Mylett et al
From: CD
Re: 9/23/2015 Meeting to discuss misconduct - Unacceptable terms.

To whom it may concern, and Chief Mylett,

You keep your gun. I'll keep my camera. That was the deal.

You seem to want me to feel like this is my fault and you are just doing what you can in the face of my obstructive efforts, so I apologize for making you feel uncomfortable by asserting my rights. I'm not sure why I should apologize but I hope it makes you feel better.

I mean, I have never edited my video evidence to manipulate context. There is no reason to suspect I would do so.

What else do you suspect I may do that you feel the need to protect yourself from?

The presence of third parties negates any reasonable expectation of privacy. That's the prevailing legal doctrine. I don't need their consent. You need mine.

I insist on recording any meeting because of the dishonesty and willingness to manipulate narrative records, not by yourself, but by officers and command staff in the City of Bellevue police department.

This is not a general suspicion, it is a substantiated and specific assertion drawn from the facts.

I don't feel comfortable outside my house without a camera recording at all times -- directly due to the behavior of YOUR department.

If you are telling me that your general fears are so substantiated as to apply specifically to my potential conduct, to the extent that I cannot even exercise my First Amendment right BECAUSE I wish to have a hearing of my grievances...... then I don't know what you think you are doing as a public official. That is not the law of this land, and I owe no one any courtesy at this point.

You disrespect the sincerity of my claims and want all respect for your concerns. Why do you get more rights than me?

If you are worried about me abusing my free speech, then rest assured in our country, the United States of America, and in our State, Washington, all citizens answer for that abuse - even police officers and public officials.

I will not meet with a group of people who can say I said something I didn't say, when that has been the nearly my entire issue in the first place!

My interest in protecting my liberty and life far outweigh the non-existent privacy interests of public officials, in the presence of third parties, in discharge of their duties.

You say you want everyone to be free to speak? Well, now I feel that you are going to try and be deceptive like your officers.

Now, I will never meet with you. That is your loss, as you would have had a chance to understand where to fix your department before a lawsuit.

Instead, I can now only meet with the City Attorney, in private, with my family and our legal counsel.

I'm sorry you were not able to meet with me -- I had high hopes for your assistance and our meeting. I was even hoping that maybe you could convince me not to sue.

This backtracking is shameful and only lends to my argument that the Bellevue police don't care about following the law, but rather manipulate it out of the public eye.

I have no need to pander for justice from adversarial parties who have broken their oath to uphold the law.

Regards,

CD

----------------------

[EDITORS RANT]
WOW I"M GETTING GOOD AT SAYING FUCK OFF SO ELOQUENTLY! CITY IS GIVING ME LOTS OF PRACTICE!


----- Original Message ----- 
From: SMylett@bellevuewa.gov 
To: CD
Sent: Thursday, September 24, 2015 4:13 PM
Subject: FW: Draft Message

Well that is truly unfortunate.
Let me go on record with you Mr. D, at this point, no one from the City of Bellevue is accusing you of anything. You state correctly, you have committed no crimes and you have no criminal record.  I would point out the following to you:

1.       There was no arrest made and no charges filed against you in this incident. Therefore, this incident would not come up on a conviction/non-conviction history check as it was never charged.  

2.       An officer's determination of probable cause does not equal a charge and definitely does not equal a fact. A fact is not found until it is found by a jury.  Until there is a finding by a jury, it is just considered evidence. 

3.       Evidence can be presented from all sides and varying points of view, but the jury determines what those facts are from the evidence presented based on weight of the evidence, credibility, and the law. Every jury instruction in this State makes it clear that the filing of a charge is not evidence that the charge is true. Until a fact finder makes an ultimate finding, you are considered innocent. The Officers' referral that day was just that, a referral. 

4.       Each case presented for prosecution is reviewed based on the evidence available, merit, and the likelihood of prevailing at trial while weighing all available affirmative defenses.  Prosecutors decide which cases will move forward to trial based on a set criteria.  In this particular case, the attorneys who reviewed your video footage and other evidence declined to prosecute any involved parties.  That determination was made independent of the Bellevue Police Department.  I realize you struggle with this decision; unfortunately, I do not know how to assist you with coming to terms with the prosecutor’s declination to bring this case to trial. 

I understand that you feel that the officers' conclusions were false. I cannot change your perception just as I cannot change the perception of all the witnesses on the day of the incident as those thoughts and beliefs rest within each individual person.

The parties present at the scene that day have different interpretations of what happened, just as people who watch the video footage of the event draw different conclusions.

One's observations or perceptions do not automatically make another's null and void.  In the end, we base our decisions on the totality of the circumstances and what we can prove or can’t prove. 


Mr. D you have accused the Bellevue Police Department of many things based on your perception (e.g. not reviewing the evidence, not viewing the video, not having your written statement); does contradictory evidence automatically make you a liar because of your perception? No it does not.

In your emails and on your website you use many terms such as "seems", "impression", "my belief", and "the appearance."  I cannot change your belief, I cannot change your impressions, I can only provide you with knowledge from my position of how the criminal justice system works and inform you of our processes and policies.

In fact you have done the same thing by providing us with all of your materials to tell your story and share your knowledge.

I was hoping to share the police department’s view with you in person so we could come to a better understanding of each other's position. I, too, am disappointed that we will not be able to meet to discuss this issue.  


The incident involving your neighbors has been investigated, as were the complaints you made against the Bellevue police officers. I understand you strongly disagree with the findings, but they will stand because no one has presented any information that would cause these determinations to be changed.

We have reviewed all of the materials in your claim for damages; all of your complaints within your emails and social media posts; and all materials on your website chronicling your complaint.

I have reviewed your materials from various positions and it is unfortunate that this incident has upset you to the extent it has and that you appear to be unable to move on.  


Mr. D, the Bellevue Police Department is not your enemy. I realize you think differently, but I am not sure how I can help you overcome your dissatisfaction short of agreeing with your positions.

We protect and serve all members of the public without bias or prejudice.

If the traffic and noise issues you have reported continue, we will use our resources to address your concerns to the best of our abilities. 


Due to the fact that I am unable to resolve your complaints, this message will serve as my final response to you regarding this matter.

The City of Bellevue has closed this case and, since you have indicated that you have retained an attorney, in the future, we will communicate with you through your legal representative. 

I wish you the best in your future endeavors. 

Sincerely,

Chief Mylett
------------------------------------------

[EDITORS RANT] 
WARNING ::: I'M ABOUT TO "GO OFF" SUBSTANTIALLY IN THE FOLLOWING E-MAIL DUE TO THE EXTREME STRESS AND ANGER I FELT AT THE ABOVE RESPONSE.

--------Original Message-------------------------
To: Chief Mylett
From CD
RE: FW: Draft

September 23 2015

Might wanna run that draft by someone next time you cock sucker.::::[EDITORS NOTE] THIS IS NOT AN APPROPRIATE INSULT WHICH IS PARTLY WHY I USED IT. I WAS AND AM FURIOUS AT HIS IGNORANCE. ALSO, I AM BISEXUAL AND CHIEF MYLETT HAS, IN MY OPINION AND EXPERIENCE, DICK SUCKING LIPS. IT WAS WRONG OF ME TO ASSUME BUT I WAS MAD. TMI I KNOW, SHALL WE JUST CONTINUE::::

Fuck you

I pointed out in the transcripts and reports where your officers make up things that didn't happen.

KC deputies got fired for less.

you again, are ignoring the EVIDENCE.

Kiss my mother fucking ass you podunk piece of shit. You can't even fucking
READ????

http://bellevue-wa-police-misconduct.blogspot.com CAN YOU FUCKING READ????

THE JURY IS GOING TO LOVE THIS SHIT YOU TELL ME!!!!! I"M FUCKING SHAKING SO
BAD!!!!! YOU ASSHOLE!!!! HUNDREDS OF HOURS OF ANALYSIS AND YOU SAY ITS OPINION?????????? WHAT THE FUCK!!!!! I HAVE A DEGREE IN BIOLOGY I KNOW HOW TO FUCKING READ AND WRITE

FORGET ABOUT ME. READ THE EVIDENCE.WHAT EVERYONE ELSE BUT ME SAYS IS NOT TRUE. IT IS FALSE.

NEVER DOES HE TELL ME TO STOP FILMING.

NEVER DOES HIS BROTHER TRY TO STOP THE ATTACK.

NEVER WAS I A THREAT.

NEVER WAS THEIR USE OF FORCE LAWFUL.

THE STATEMENTS MAILED IN DAYS AFTER THE INCIDENT DONT MATCH THE STATEMENTS AT THE SCENE!!!!!! WHAT ABOUT THAT IS MY OPINOIN??? ARE YOU FUCKING STUPID!!!!! IS THIS REALLY THE CHIEF???? #$(@&*)%

NEVER

NEVER

THIS IS NOT AN OPINION THESE ARE FACTS STOP SAYING IM MAKING THIS UP!!!! STOP IT!!!! YOU ARE A LIAR!!!!!!!

We gotta fire your stupid ass ASAP and send you back to Texas where they like this shit.

THis is incredible. You really are a piece of trash.

YOU WANNA FUCKING MAKE ME MAD YOU PIECE OF SHIT YOU'VE FUCKING DONE IT.

The social media you hate? Now its time for the petitions to get your ass recalled to texas... watch what happens when you make an informed citizen mad.

Fuck you ENEMY OF THE PEOPLE OATHBREAKING LIAR

CD
PATRIOT
------------------------

[EDITORS NOTE] YEA. AWKWARD. I REALLY DON'T LIKE FEELING LIKE THIS.


----- Original Message -----
From: CD
To: <LRiordan@bellevuewa.gov>
Sent: Thursday, September 24, 2015 11:39 PM
Subject: URGENT: Case No.  | Claim No.  - ATTN: City
Attorney Riordan
 September 24th 2015

 To:
 Lori Riordan
 City Attorney
 City of Bellevue, WA
 via e-mail

 RE: Claim No. | Case No. | Police Misconduct

 Counselor Riordan,

 This message is addressed to you alone at this point, as both Chief Mylett and I believe the Chief can not formulate an adequate response without counsel present and without video cameras present.

 I was willing to meet and bring my mother, father, and brother, but he wouldn't even agree to conceal carry his weapon.

If anything, it was a bad faith effort to perform discovery.

 He accommodated none of my requests, of which there was really only one -to video record the meeting. I am still surprised this would be a problem, as video evidence serves to protect both parties. The Chief easily could have recorded his own video to ensure the City's interests were protected.

 There is no justification I accept for Chief Mylett's insistence I relinquish my right to disseminate clear and accurate information of the public interest as a requisite for airing my grievances! None.

I am still awaiting a response addressing the perjury of the Officers and assailants.

 I have proven all my claims here:
http://bellevue-wa-police-misconduct.blogspot.com

 As you see, the Officers statements do not match the video.

 The suspects statements do not match the video.

 Nothing does except the statements from my brother and myself.

 This continuing intentional and negligent infliction of severe emotional distress by the city can not be tolerated, and will not be tolerated.

 I am in counseling for now chronic stress response to the traumatic interaction with Bellevue police.

I have never retained formal counsel; I am now actively seeking representation for a tort claim.

 I stand firmly through my despair for two reasons: The support of my family, and the fact that I am being completely honest. There can be no compromise of the truth, and thus I am unmoved. I can not, however, sustain attacks on my character without being worn to down to nothing.

 Prosecutor Torrey, at his previous post, let a child rapist go free because the mother was afraid to be killed for testifying.

 How do I know this?

 My brother dated the rape victim years later and has watched her deteriorate after the police recently said they now could try the case, only to find out the statute of limitations is up.

 Ask him if he remembers Larry, the guy who raped an 8 year old step daughter.

 When my brother found out Jeff Torrey was the prosecutor on my case, I learned many other things I didn't want to know about our justice system.

 Don't let Jeff Torrey ruin this City. He assured me he would investigate, when he had already decided to charge me... he then did not investigate to protect his own skin. The police are doing the same thing.

 I need your help. I've proven my claims. Pride is going to serve no purpose other than to cause further psychological injury to me.

 Please, help me have a chance to become whole. Honor my claim.

 Sincerely,

 CD
--------------------------

[EDITORS NOTE]
READ RECEIPT BUT NO RESPONSE.
PROBABLY WRITING A NICE "FUCK YOU" HARD COPY NOTE, DISMISSING ME AGAIN WHILE ADDRESSING NONE OF MY CLAIMS DIRECTLY. 

THE OFFICERS MAKE UP EVIDENCE AND USED BIAS POLICING, COMMITTED PERJURY ON OFFICIAL FORMS, AND ARE GUILTY LIKE THE ASSAILANT OF TRYING TO COVER UP A CRIME.

Your message

   To: Riordan, Lori
   Subject: URGENT: Case No. | Claim No.  - ATTN: City Attorney Riordan
   Sent: Thursday, September 24, 2015 11:39:02 PM (UTC-08:00) Pacific Time (US & Canada)

 was read on Friday, September 25, 2015 6:01:58 AM (UTC-08:00) Pacific Time (US & Canada).

-----Original Message-------------------------------------
From: CD
To: Lori Riordan, City Attorney, Bellevue WA
cc: News/City
September 28th 2015

Counselor Riordan,

This message is now going to the usual suspects and news outlets, as you have failed to respond or acknowledge that you have broken your promise to substantively respond last week.

You can read, can't you? What about this EVIDENCE is my OPINION? Laughable.
http://bellevue-wa-police-misconduct.blogspot.com

I am disappointed in you, to say the least. You were my last hope. The only thing you people understand is money. I can play that game, too. As a 30+ year resident of Bellevue, I felt I owed the City the chance to mitigate the city's payment for damages. You fucked me and fucked over the taxpayer because of personal pride.

Shame on you. The city will pay either way, you could have at least done your jobs. You really don't deserve to be paid for your work. I make minimum wage and I work harder because of my pride, not less.

I'll break my back for a meal before I ever become a resource sucking waste of space like you and your colleagues.

I have had to drop out of school because of this and will no longer pursue a career in healthcare.

Completing this case will be my life outside of whatever work I can scrape up, until I can no longer continue the fight.

Regards,

CD

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