Extreme Retaliation against Citizen Whistleblowers

by Gail Fry Thursday, Nov. 28, 2002 at 5:10 PM
admin@civicusa.org 661 264-1665 P. O. Box 866, Apple Valley, CA 92308

We are ordinary citizens whose lives have become swept up into a corruption scandal of historic proportions in San Bernardino County, California. Eighteen public officials and businessmen have been indicted to date by the U. S. Attorney's Office to date, sixteen have pleaded guilty, two criminal cases are pending. We "the citizens" thought we lived in America where we had constitutional rights. We all experienced what we considered to be a violation of our civil rights. We all took proactive steps to legally address our local Government with our concerns and issues.

We are ordinary citizens whose lives have become swept up into a corruption scandal of historic proportions in San Bernardino County, California. Eighteen public officials and businessmen have been indicted to date by the U. S. Attorney's Office to date, sixteen have pleaded guilty, two criminal cases are pending.

We "the citizens" thought we lived in America where we had constitutional rights. We all experienced what we considered to be a violation of our civil rights. We all took proactive steps to legally address our local Government with our concerns and issues. We spoke out, attended public meetings, investigated, protested, wrote letters, contacted the local media, filed complaints, filed lawsuits concerning the illegal activities of the local Government officials.

We have been harshly retaliated against by the local corrupt Government officials, experiencing house calls from law enforcement, code enforcement, animal control, suffered numerous false arrests, false press releases, false criminal charges, illegal searches, interference with business, threats, physical beatings, even suspicious deaths.

After substantial research, we believe that we are facing a situation where our local Government officials have joined with organized crime to conduct a criminal racketeering enterprise against the citizens, profiting from the ill gotten gains while being protected by the cloak of Government authority. We have reason to believe that they are in the business of drug manufacturing, importation and distribution, along with production and distribution of adult and child porn.

We have evidence of offshore bank accounts, massive land fraud, probate and conservatorship fraud, coverup of serious crimes including murder, attempted murder, drug manufacturing and sales, rape, extortion, bribes, the filing of false criminal charges to interfere with elections, businesses and/or silence whistleblowers, awarding of county contracts to favored businesses, no-bid contracts, illegal searches and seizures, tampering with evidence, altering court records, perjury, numerous suspicious deaths, witness intimidation, harassment, threats of bodily injury, to name some of the alleged crimes.

We are just ordinary citizens facing extraordinary odds in trying to defend our rights and expose the corrupt network which controls the local media, the Government agencies tasked with jurisdiction, the Federal and State Courts, and who are perfectly capable of killing you for your silence. We have to fight City Hall. Our lives depend on it.

Through conducting research and contacting various citizens, we have a well-established pattern and practice of retaliation against citizen investigators/whistleblowers. We have found that if you stand up for your rights, you are then subjected to the full power of the County directed to destroy your life. The following cases are just a few examples of the retaliation experienced by citizens who exercise their rights to free speech or right to seek redress of grievance from the Government:

Clark Cavanaugh, Richard Harding, Esq. and Ed Harding

All spoke out at a council meeting of the City of San Bernardino concerning the investigation of a towing company. Within two weeks of that meeting, Clark Cavanaugh, his wife and brother were charged with 81 felonies, Richard and Ed Harding's apartment buildings were targeted for code enforcement raids.

The 81 felonies filed against the Cavanaugh's were dropped 1 1/2 years later.
During that period of time, we were able to document that the District Attorney's
office has no procedures to protect the chain of custody relating to evidence
within their custody. In addition, we found that the DDA had perjured herself
concerning the spoliation of documents provided in discovery.

November 2000, the San Bernardino Police Department conducted an unlawful
search of Clark Cavanaugh's business (Inland Protective Services) taking thousands
of documents including payroll records. Subsequently Inland Protective Services
was subjected to numerous employee payroll complaints through the Labor Board in
San Bernardino. During the labor board hearings and court hearings, the San
Bernardino Police Department and District Attorney's Office played keep away with
the payroll records leaving Inland Protective Services with no way to defend itself or
determine the correct amount of pay owed to the various employees.

October 2, 2002, Clark Cavanaugh filed a recusal motion with the Judge for cause
CCP 170.3 which included a complaint filed with the Judicial Commission
concerning a pattern of tampering and altering of court documents. The complaint
filed with the Judicial Commission concerned 6 altered and defaced search warrants
and the search warrants concerning Geoffrey Hill. On October 8th, Judge Michael
Smith issued a court order placing four affidavits into a "confidential envelope" not
available for public viewing.

Subsequently Clark Cavanaugh received a letter from the District Attorney's office
advising that a felony criminal complaint has been filed against him for extortion
and to show up at an arraignment on November 18th 2002.

Shirley Goodwin:

Shirley Goodwin, retired Sheriff Sergeant, was paid a visit by animal control in
July 1997 based on a complaint that her dogs were running loose. Shirley advised
that her dogs were not loose. The animal control employee wanted to come in,
Shirley advised that she would need a warrant. The animal control employee
summoned the San Bernardino Police Department The San Bernardino police
officer entered Ms. Goodwin's home illegally and upon confrontation, the
police officer assaulted Ms. Goodwin. He then arrested her, drove her to the
police department where he left her outside in the police car with no ventilation
for 20 minutes in the hot weather. Subsequently, the district attorney's office
charged Ms. Goodwin with assault. Ms. Goodwin was able to prove that she
was not guilty of the assault. Ms. Goodwin has a Federal Civil Rights case
still pending on that incident.

Since that time, Shirley Goodwin has been subjected to constant retaliation
including three additional false arrests, illegal searches of her home, false
criminal charges, multiple visits from code enforcement and animal control,
false press releases to damage her reputation. During one arrest at the
County Board of Supervisors, she twisted her ankle, she was taken to the
Hospital, Demerol was administered, Shirley Goodwin was released from
jail at 3:00 AM in the morning with no transportation to her home and under
the influence of Demerol. She was lucky to make it home unharmed.

Just after filing her second Federal civil rights case, Shirley Goodwin's
neighbors started trapping her cats and turning them over to animal control
Where they were given multiple shots and Shirley was charged fees and
fines adding up to almost a thousand dollars. Shirley researched the
City ordinances on animal control and could find no authority for their
actions. She requested the authority from the supervisor of animal control
who was unable to provide her with anything in writing authorizing their
actions. The next time an animal control employee was at her neighbor's
house, Shirley Goodwin went to retrieve her cat in the field. The animal
control employee took $40.00 then upon calling the office, insisted that she
would have to pay $180.00 for multiple offenses. Shirley was between the
employee and the truck. The employee started pushing Shirley in the chest
with the cat cage. Jeff Wright who was there pushed the cat cage from
between them to protect Shirley from harm. The cat escaped, the animal
control employee grabbed Jeff's T-shirt pulling it off and Shirley, Jeff and
the cat returned to Shirley's residence. This incident was elevated to a
"felony robbery" and a search warrant was issued for Shirley's home.

During the service of the search warrant, Shirley was arrested just for asking
to see the search warrant, the officers did not "knock and announce" as required by law (attempted
to cover this up by representing that the camera batteries went dead right then),
the officers converted Shirley's video camera for their own use in the search,
took items not authorized by the warrant to include the video camera, video
tapes and standard size cassette tapes, arrested Jeff Wright on an unsigned
bench warrant in the amount of $100,000. At the end of the videotape the officers are heard saying "Don't you wish we lived in a third world country where we could just take them out?". A video tape of the search is
available.

The search warrant was sealed. Shirley Goodwin was able to have the search
warrant unsealed through court procedures and found that the warrant and affidavit had been altered
by someone with heavy black marker obliterating the words lined out by the Judge.

Shirley Goodwin and Jeff Wright have been facing misdemeanor charges of
assault against an animal control officer and attending numerous court
hearings for 1 ½ years. In July 2002, Judge Barr determined that the search
warrant had been altered, quashed the search warrant, ordered the return
of property, read the Government Code Section 6200 to the Prosecutor and
subsequently recused himself from the case. The San Bernardino County
District Attorney's office has filed an appeal and the case is still pending.

Details can be viewed at the following link:

http://www.civicusa.org/sbcounty/crimescene/retaliation/shirley.html

Suspicious deaths of Geoffrey Hill, PhD,
Darrell and Darlene Malott

During our investigations, we have
discovered the following facts concerning the deaths of these three individuals:

1. The January 1999 Coroner's Investigation report concerning Darlene Malott
states that she was found supine (laying on her back) in a car in the garage with the
ignition on, gas tank empty with a strong odor of exhaust. Because this was found to
be a suicide, no autopsy report was done and the body was cremated. Later the
toxicologist report found no carbon monoxide and found high levels of
methamphetamine in Darlene Malott's body. Her death was attributed to a
methamphetamine overdose.
2. BACKGROUND: Darlene Malott was the alleged rape victim involving Judge
John P. Wade in 1996.
3. Geoffrey Hill, PhD. was found dead of an alleged self-inflicted gunshot wound to
the chest late November 1999. His autopsy report states the decedent had gray
hair, Geoffrey had brown hair. No animal disturbance. Ranger first on scene
described a different body and a location 7 miles away. Geoffrey was not identified
by his family and he was quickly cremated.
4. Right before Geoffrey Hill died, November 14, 1999, a search warrant was
issued signed by Judge Warner for his residence for the alleged crime of "child porn
distribution". His computer was taken along with any and all documents and tapes.
Geoffrey Hill was cite released (not usual treatment for such a crime).
5. Late September 2000, Gail Fry went to the clerk of the court to request a copy of
the search warrant for the search of Geoffrey's home conducted 11/14/99. The
clerk advised that there was no record of the search warrant.
6. Mid October 2000, Gail Fry and friend go and ask the court clerk again for the
search warrant. The search warrant was located in the search warrant log and a
copy of the warrant was provided. The search warrant was stamped filed on
October 6, 2000.
7. In August 2002, Gail Fry was investigating the suspicious death of Darlene Malott
when she had someone check the search warrant log for a search warrant for
Darlene Malott's residence. There was none listed in the search warrant log. It was
then that we discovered that there were two search warrants issued for Geoffrey
Hill.
8. We found out that a search warrant was issued for Geoffrey Hill's email in
December of 1998 signed by Judge John P. Wade. This search warrant was also
filed on October 6, 2000. It was then that we realized that the warrants were being
assigned numbers at the time of filing, which meant that warrants that were not filed
were not accounted for. This provides no tracking of the warrants issued.
9. We sent a public records request for this warrant issued in December 1998.
There were two requests, one from us and one from an attorney, Ben Lofstedt.
Attorney Ben Lofstedt was contacted and advised that a copy of the search warrant
was available for pick up at the court clerk's window.
10. October 2, 2002, Citizen's Investigation filed a complaint with the Judicial
Council concerning record tampering and altering of court documents within the San
Bernardino Central Court. In addition, this complaint was filed with Judge Warner
as part of a 170.3 motion to recuse Judge Warner in the case of the Labor Board
vs. Clark Cavanaugh, etal.
11. When Ben Lofstedt received the search warrant from the court clerk, he noticed
that the affidavit was not there for review. He inquired for the clerk to provide the
affidavit.
12. The Clerk went to look at the records and advised that the affidavit had been
placed into a confidential envelope and was unavailable for public view. Attorney
Ben Lofstedt requested the authority for this action.
13. Within days of the filing of this complaint with the Judicial Commission and Judge
Warner's court, there was a court order to place these affidavits in a "confidential"
envelope. The Clerk provided a court document ordering the affidavits of four
search warrants were to be placed in "confidential envelopes" not for public
viewing. The order was authorized by Judge Michael Smith.
14. Penal Code Section 1534 requires that search warrants are to be public after 10
days unless sealed for cause at time of issuance. These search warrants were not
sealed.
15. Judge Warner denied his own recusal for cause and is proceeding with the
case.

These are supporting documents:
1. News article concerning Judge John Wade and the alleged rape investigation.
2. News article concerning the Murder-Suicide of Darrell and Darlene Malott.
3. Coroner's Investigation report for Darlene Malott.
4. Toxicology Report for Darlene Malott.
5. Death Certificate for Geoffrey Hill, PhD.
6. Coroner's report for Geoffrey Hill.
7. Search warrant log and search warrant indicating the filing of the search warrants
for Geoffrey Hill as October 6, 2000.
8. Letter written to Judge Wade by Geoffrey Hill.
9. Document ordering the court documents be placed into a "confidential envelope".

Some of the documentation can be viewed at the following link:

http://www.civicusa.org/sbcounty/crimescene/suspiciousdeaths/suspiciousdeaths.html

Jaime and Eunice Alvarez and Family:

Jaime Alvarez and Family, business owner of a mortgage company in San Bernardino, very politically active and active in the community, strong Hispanic family, had developed a successful formula with HUD to refurbish homes and resell them to low income families. Jaime Alvarez became the subject of a politically motivated criminal investigation into his business. The investigators found that an insurance broker was selling fraudulent fire insurance to Jaime Alvarez on his properties. The investigators coerced the insurance broker to implicate Jaime Alvarez and then filed criminal charges against several members of the Alvarez Family. Why would a landowner purchase fraudulent fire insurance for his properties? It was discovered during an FBI sting operation that the DA's office admitted that this was a politically motivated criminal case. Criminal case still pending against the Alvarez Family. The legal bills are about $400,000 to date and $60,000 a month. A newspaper article concerning their case is displayed on the link below:

http://www.civicusa.org/sbcounty/crimescene/retaliation/alvarez.html

Jane Un:

Jane Un was a commercial real estate broker who became involved with real estate in the City of Redlands
Called "the donut hole". This piece of property has been extremely controversial resulting in petitions,
recalls and lawsuits. Majestic Realty is one of the players. Jane Un became curious about their
activities and hired two private investigators to retrieve some of their trash. Jane Un was charged with
conspiracy to steal trash. Jane Un made a plea agreement. The judge allowed new charges to be added
afterward without allowing Jane Un to change her plea. Jane Un spent 28 months in prison. She was
finally allowed to withdraw her plea and is currently facing criminal charges in a complicated real estate
fraud case. I have not reviewed her evidence, however, we believe that there are similar patterns
occurring in her case as she has many of the same players involved; Judge Dest and D.A. Investigator
Victor Hamilton. Jane Un has spent $700,000 to date in defending herself against these charges.

John Emory Jones:

78-year old gentlemen who is currently in Glen Helen Jail serving a one year sentence. His crime was to
request court documents from the court clerk who called a sheriff's officer when Mr. Jones insisted on
receiving copies of public documents. Mr. Jones was arrested for violation of Penal Code 148, interfering
with a police officer. On another occasion, he was arrested for not going through the metal detectors at
the front door breaching security. I haven't been able to speak to him about this charge. However, at his
sentencing with Judge Dest, Judge Dest cited the seriousness of court security after 9-11 and that a harsher
sentence was warranted in this case. John Emory Jones is a quiet spoken gentlemen who is keenly
interested in the constitution, court proceedings, oaths of office, and was often seen at the courthouse and
the law library.

Leo Wenzel:

Businessman who owns a towing company in the City of San Bernardino. Mr. Wenzel was approached to
sell his business to a competitor. When he refused he was subjected to an investigation by the San
Bernardino Police Department's tow compliance unit. Mr. Wenzel's towing company was contracted
to tow cars at the National Orange Show and was instructed to tow two cars that were parked in the
red. These two cars happened to belong to two politically powerful individuals. The son of Martin
Matich a local rich businessman and good friend of County Supervisor Jerry Eaves and Jerry Eaves' Chief of Staff. Leo Wenzel and two of his employees were charged with multiple infractions and misdemeanors.
The employees plea bargained. Mr. Wenzel was denied any discovery by Judge Dest. Mr. Wenzel was
convicted and sentenced to one year in jail for alleged crimes committed by his employees. At sentencing Leo Wenzel was taken directly to jail. He is currently out of jail on appeal.

Bob Nelson:

Started attending County Supervisor's meetings in the early 1990's concerning a development proposal for Summit Valley. Bob Nelson's family owns a ranch in Summit Valley. When he first started attending the County Board of Supervisor's meetings, a member of the public was allowed to speak for five minutes per item. Mr. Nelson observed as this time was reduced to three minutes per item and only three minutes for the entire consent calendar. Mr. Nelson and others then observed that the more controversial items were placed on the consent calendar to limit public attention. Mr. Nelson started conducting a silent protest at the podium concerning the silencing of free speech. Mr. Nelson has been arrested multiple times and was convicted of disturbing a meeting violation of Penal Code 403. The judge and deputy district attorney held his sentencing hearing without him (Ex-parte) and sentenced him to twice the penalty for the offense, one year in jail. This sentencing was overturned and a more reasonable sentence was imposed. Mr. Nelson with his video camera was a fixture at the Board of Supervisor's meetings until recently. He is now too afraid of being arrested and thrown in jail.

http://www.civicusa.org/sbcounty/crimescene/retaliation/bobnelson.html

Jeff Wright:

Jeff Wright is an airforce veteran who was stationed at the nearby former Norton Airforce Base. Mr. Wright has been regularly attending various public meetings since the early 1990's. Jeff Wright's comments at some of those meetings resulted in an investigation by the Fair Political Practices Commission into the voting practices of Supervisor Jerry Eaves. Supervisor Jerry Eaves had voted on a contract change order in favor of businessman, Mr. Martin Matich. Supervisor Jerry Eaves was fined $12,500.00 as a result of this investigation.

Jeff Wright had educated himself on the various issues facing interconnected governmental bodies such as the IVDA, SANBAG, the City of San Bernardino, the County of San Bernardino, etc. He had become a threat to the corrupt activities benefiting the local public officials and businessmen. Jeff Wright found an interoffice memo concerning him that addressed what could be done to silence him, "isn't there anything we can do?"

Jeff Wright was charged with disturbing public meetings, convicted and placed on probation. The public officials violated his probation by arresting him at another public meeting. Jeff Wright was placed under the jurisdiction of Judge Wade (at the time a Juvenile Court Judge) and sentenced to 725 days in jail for violating his probation. Subsequently, the new charges were dismissed. Jeff Wright's case is extremely complicated with boxes of legal documentation. However, you can view some of the documentation at the following link:

http://www.civicusa.org/sbcounty/crimescene/retaliation/jeff.html

David and Anne Marie Child:

David and Anne Marie Child are parents of a child who has spinal bifida. Mr. And Mrs. Child expressed concern about how the school was handling a situation where there son was being physically threatened by another student. David Child ran for school board. During the election, the school was able to obtain a restraining order against David Child prohibiting him from being on school grounds. This created negative publicity during the election. Subsequently, an appeals court ruled the restraining order illegal.

In addition to the concerns at their son's school, David and Anne Marie Child discovered that one of their neighbors was dealing in drugs, methamphetamine. He reported his suspicions to the San Bernardino Police Department only to find out that the officer in charge was an associate of the drug dealer. David and Anne Marie Child and their family have been subjected to violent threats for several years. Anne Marie Child was beaten up on her front lawn by these neighbors. The beating was recorded on video tape, however, the police refuse to file any charges. Another time, a huge rock was thrown through their front window narrowly missing Mrs. Child's head. The members of the drug gang hang outside of their home in their cars while blaring obscene music about child molestation while in the presence of their young children. The San Bernardino Police Department has refused to investigate or take complaints and have refused emergency service to the Child Family. David and Anne Marie Child have been charged with filing a false police report.

Marjorie Mikels, Esq.:

Ms. Marjorie Mikels, Civil Rights Attorney, estranged wife of Jon Mikels currently a county supervisor. She became aware of the corruption because of her Sister's involvement with opposing the Ward Valley Nuclear Dump. Marjorie led the citizens' effort to place an initiative on the ballot for responsible disposal of nuclear waste. She defended nuclear dump opponents against persecution and prosecution by Federal, State and local authorities in an effort to hush their political voices. Prosecuted lawsuits to stop the nuclear dump. The acquired knowledge of the local Government corruption resulted in the breakup of her marriage. Ms. Mikels has attended numerous County Board of Supervisor's meetings and has been arrested and/or removed several times. Ms. Mikels was told by a Judge in chambers that its not about the law, its about power and you don't have any. The powerful in the County have tried to ruin her law practice. One time, she found a voodoo doll on her front porch. Marjorie Mikels ran as the democratic candidate for the U. S. Congress 26th congressional district in this last election.

http://www.majoriemikels.com

Gail Fry:

Ms. Gail Fry was an Orange County Real Estate Broker who enjoyed hiking in the San Bernardino Mountains. Ms. Fry became aware of the San Bernardino County corruption while hiking to Deep Creek Hot Springs (a clothing optional area). Gail Fry became aware that the local sheriff's, the Bureau of Land Management and the Forest Service have illegally deputized a bad guy to conduct law enforcement at Deep Creek. When a man died under suspicious circumstances and four young adults were threatened with a gun while on public land, Ms. Fry made a decision to protect the American public. After filing complaints with substantial documentation with the appropriate agencies over a two-year period without success, Ms. Fry found that BLM Ranger Nelson has represented that there have been no credible witnesses who have come forward. Ms. Fry read about Ms. Mikels being arrested in the Los Angeles Times. Ms. Mikels had been removed from a meeting for singing about the children accompanied by her accordion. That is when Gail Fry discovered the many other activists in San Bernardino County and realized that there was a much bigger corruption picture in San Bernardino County. The evidence about Deep Creek can be viewed at:

http://www.deepcreekhotsprings.org

In conducting my research, I was able to determine over 50 people who have been retaliated against in the County of San Bernardino due to standing up for their human and constitutional rights. Many citizens have moved out of the County to escape the retaliation.

We would like to opportunity to speak to members of the media and present our evidence for their review. This criminal activity needs to be exposed to the public before more innocent citizens are harmed. San Bernardino County is one of the fastest growing counties in population.