Archive for March, 2013

You decide…

The Isabella County Sheriff’s Department and it’s personnel entered my home without authorization or justification, lawful or otherwise and stole the contents of our home. We interrupted them part way through and called 911 and the same perpetrators responded to our 911 call for help and then forced us to leave our own property under threat of arrest while allowing the looting of our home to continue. We complied to avoid arrest and immediately attempted to get competent law enforcement help from the administrators of the Sheriff Department. Administrators, under-sheriff, called the Isabella County Prosecuting Attorney and the PA advised the under-sheriff that if we had not been evicted and could prove we had not been evicted that we should get our home back. Returning to our home I personally witnessed active looting and made that report to the deputy who again forced me to leave my own property under threat of arrest. Ultimately we regained possession of our home that we should have never lost in the first place only to discover it’s contents had been stolen which prompted yet another call to 911 to report the burglary. This request for help was rejected by the Isabella County Sheriff Department which prompted another call asking for help from the Michigan State Police and this request was also rejected.

Deputy Steinert then returned to our now empty home (his 3rd visit) and arrested me for calling 911.

Our initial 911 call was held for over an hour (see 911 call logs) while the plan to deceive us was conceived and conspired by employees of the sheriff department.

I begged Sheriff Leo to help us and he turned his back on us opting rather to hide and conceal the facts of this case in some misguided effort to save the county from the liability and embarrassment it had created for itself.

I’m not crazy… These actions violate Federal Criminal Law and when our elected sheriff worked only to cover and conceal he became an active participant… an accomplice in Federal Crimes against my family.

Sheriff Deputy Steinert refused our requests for police reports on both his first and second visits to our home. After Steinert arrested me he had to complete a police report. This report was kept from us for four months because of the “Active Investigation” into my criminal arrest for calling 911.

18 USC – Crimes

Sec. 241. Conspiracy against rights If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured…

Shelly Sweet, an Isabella County Sheriff Department employee came to our property in response to our 911 call for help. Although she had been working on Monday September 27, 2010, our call for help was held for over an hour which allowed her time to change out of uniform and come to our home disguised as a civilian. Steinert and Sweet then told us that they only knew each other from an event that happened years in the past while neglecting to mention that they had both just come from the same building. At the time, my wife and I didn’t know that Sweet was a sheriff department employee. This disguise was intended to mask a bias that was intended to, and succeeded in, relieving my family of our home and personal property.

Sec. 242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States…

Our home and it’s contents were taken from us by police force. Although I would have been fully within my right to defend our home and property, standing off with the Isabella County Sheriff Department would have most likely resulted in my own death or incarceration on felony charges. As it were, I felt lucky to have only been arrested for misuse of 911.

Isabella County has proven itself to be dysfunctional yet again by accepting White’s guilty plea to second-degree vs first-degree murder and I am again utterly disgusted…

 

 

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Hello Everyone,

I have been digging intently for the past couple days and thought that I should start sharing some wonderful discoveries I have made with regard to movements on the internet that are sprouting, growing and and becoming (from all appearances) a force not to be taken lightly.

I have been both shocked and surprised that such targeted efforts are being made from grass roots levels to increase awareness of the true state of matters facing the US and it’s people.

I don’t think that I have any followers yet but that is not going to disuade me from trying to make my own contributions and will be posting some of the awesome resources I have found out there for people who really do care where our country is headed.

Here is one! http://www.constitution.org/cs_organ.htm

Tons of links here and to be honest, I haven’t had time to visit them all yet but I will definitely be making that effort when I have time.

Here is another great site that I discovered today. It’s like Facebook for people who care about our constitution! http://www.RTR.org Restore the Republic!

More later but check those two out!

Although not ordered by any court, my family was forced to leave our home under threat of arrest on September 27, 2010 by the Isabella County Sheriff Department and in direct violation of a Federal Court Order.

Generally, evictions that are assisted by law enforcement, after having gone through the eviction proceedings (Summary Proceedings) in court and an Order of Eviction having been ordered are handled by a specially trained deputy of the Sheriff Department.

The deputy examines the documentation and after determining that all court orders are in order, provides the peaceable turnover of real property (the home or apartment) and assists with the removal of personal property from within the home by placing it at a location such as the street (or if the owner is smart in a secure storage) allowing the owner to resume in the business of renting or selling the once occupied space to someone else.

These actions by law enforcement are considered to be the most drastic of situations because the process of eviction allows the tenant time to move, in and of his/her own accord and officer assistance generally only happens if the tenant has failed to move on their own within the time specified on the court order itself.

In our case, we had not been evicted. Their was no court order and the contents of our home were not placed out at the street they were stolen. The contents of our home were taken away. Furniture,  appliances, electronics, clothing, sports equipment, family heirlooms etc were all taken.

Our own elected Sheriff is then reported to have stated (according to Sue Field) that we were just upset for having been evicted. If Sheriff Leo did say that, he was lying. The point is… We had never been evicted and the Morning Sun claims that Sheriff Leo told them we had.

It isn’t my job really to figure out who the liars are but only to point out that someone was lying. I mean really! Had we actually been evicted, how hard would it be to come up with a one page (public record) “Court Order” showing that to be the case?

Folks, you need to ask yourself some simple questions.

What would you do if someone from your Sheriff’s Department entered your home without your permission, authorization or a shred of justification (legal or otherwise) and removed all of your home furnishings (it’s contents)?

Setting aside for a moment, the fact that this action was done by a Sheriff’s Department employee, and you were not aware of who entered your house and removed/stole it’s contents.

1. Would you call the police?
2. Would you expect the police to respond and hear your complaint?
3. Would you expect the police to investigate a crime?
4. Would you expect a police report for the reported incident?

This happened to my family and we called the police, we expected a response, we expected an investigation and we expected a police report but what we got here in Isabella County was:

1. Our 9-1-1 call for help was held for over an hour.
2. Police responded along with the person that emptied our home.
3. Officer responding claims B&E, criminal trespassing and larceny to be “Civil” matters
4. Officer responding allows more of our personal property to be stolen while he is right there.
5. Officer refuses to investigate
6. Officer refuses to provide us with a police report.
7. Officer makes us leave our own property under threat of arrest (twice, at two different times)
8. I am arrested for misuse of 9-1-1 and spend the night in jail.

Subsequent calls to 9-1-1 for the same emergency that was not being addressed by the first officer on the scene ultimately led to my being arrested for misuse of the 9-1-1 system and I spent the night in jail. Calling the Isabella County Sheriff’s Department to report a crime resulted in my own arrest for calling 9-1-1.

Your home is your sanctuary. Do you randomly allow strangers into your home to do as they please with it’s contents or do you lock it up before you head off to work with an expectation that when you return, everything in it will be as it was when you left?

When might it be considered justifiable for persons to enter your home without your permission?

1. Is your landlord or mortgage company allowed by law to enter your home when they please without your permission? < NO >
2. Are the police allowed to enter your home whenever they feel like it without probable cause and without your permission and do as they please with the contents of your home? < NO >
3. With a Court Order (an order signed by a judge in a court of law), police may enter your home with the specific purpose and reason specified in the court order itself. These are typically a warrant to search or a warrant to seize. Warrants are court orders signed by a judge after having shown “probable cause”. < YES >

In Isabella County it is a “Felony Crime” to order a $5.00 dollar sub-sandwich and take it from the deliver guy without paying for it but employed members of our Sheriff’s Department can enter your home and remove it’s contents with the assistance of co-workers (law enforcement officers) and this is not a crime.

More than $55,000.00 dollars worth of personal property (not including sentimental and irreplaceable property) was removed from my family’s home on September 27, 2010 at an address in Mount Pleasant by a Sheriff Department employee with the help and assistance of an Isabella County Sheriff Deputy without a court order and without any legal justification what-so-ever and the same department claims that this is not a crime.

It’s a felony crime to steal a five dollar sub-sandwich but there is no crime in stealing a house full of home furnishings in Isabella County if your the cop and can call it “CIVIL”.

What makes this totally unconscionable were the immediate actions of the Sheriff Department Administrative staff.

The contents of our home had just been stolen, the responding officer claims B&E, Criminal Trespass and Grand Larceny are all civil matters and in effort to thwart liability the administrators agree. Ask your elected Sheriff why he failed to address allegations of personnel from his own department robbing my family’s home. Sheriff Leo told the Morning Sun that we were just upset because we had been evicted and this is a total fabrication of evidence. Although completely untrue and unfounded, The Morning Sun printed his claim without any attempt to verify the statement as factual, then failed to print a retraction after they were informed of the discrepancy.

This case goes much deeper than a simple unlawful eviction conspired and carried out by employees of the Isabella County Sheriff’s Department in that the employees conspired to intentionally deprive my family of our constitutional rights and freedoms defined in the fourth and fourteenth amendments and this conspiracy itself is a violation of Federal Criminal Law as defined in Title 18 U.S.C. §§ 241 and 242.

The fact that I was later wrongfully arrested, constitutes kidnapping and severely increases the penalties under the Title 18 sections named above. In efforts only related to trying to get police protection for my family I was wrongfully arrested and jailed. Now they claim that I was being belligerent, mean and over aggressive. The same officer making these exaggerated and false claims had every opportunity to record both audio and video from his patrol car but didn’t. The officer’s third trip to the property was recorded along with my entire trip to jail in the back of the patrol car and is posted here and on YouTube and I would invite you to watch and see for yourself how belligerent I wasn’t. Additionally we have all of the 9-1-1 audio posted here and on YouTube.

If you have a similar claim or situation regarding the Isabella County Sheriff Department you are encouraged to get in touch with us. Abuse and Misuse of force, wrongful eviction, wrongful arrest etc. Even if you called the police and were yourself arrested for something completely unrelated we would like to hear about it.

I’ve been busy the last couple months forming relationships with national organizations that have been established over the last couple years out of a need to create a stable platform from which these issues are forced to be addressed.

Right here in Isabella County, we have a government, supposedly of the people and for the people that is doing much more harm than good yet we are being made to pay for it.

It is time to demand change in our county before any more families are victimized by our government leaders inability to do what is right in Isabella County!

One of the Ten Commandments is to abstain from bearing false witness against thy neighbor and as God is my witness, my claims and allegations against the government of Isabella County Michigan are 100% true and accurate.

When the truth is damning enough…

Living in fear of your own little local government is something that should never cross most peoples minds. The concept or idea, even to me, would have been thought impossible had these events not happened to myself and my family.

It was sickening to sit and listen to lie after lie pour out of the Deputies mouth on the day of his deposition. It both amazed and shocked me to watch as the lies flowed out of his mouth so effortlessly and seemingly rehearsed. To think how this man was ever or could ever have been entrusted with the power and responsibility of being a law enforcement officer completely eluded me. What made the ordeal all the more sickening, his superior, the sheriff himself was right behind him listening to the lies.

This man had arrested me for calling 911 after he had actively participated in the theft of the contents of my family’s home yet he sat there completely immersed in the notion that he would never be made or held accountable for his devious criminal actions.

It was painful to think that this liar was counted on every day to tell the truth and to do so while under oath in his day to day job as an officer of the law. How many times per week and per month is an officer called to testify under oath having to do with crimes he testifies to in court? Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?

Yes, your Honor…

and then lie your ass off…

How many times had this particular deputy sworn to tell the whole truth and nothing but the truth to our chief judge directly over the deputy’s prior six years with the department?

More importantly, how did this deputy having sworn to tell the truth x amount of times over that six year period influence the chief judge’s decision to favor testimony of the deputy (the moving party in a motion to dismiss) and a sworn officer of the law, over the victims in this case (the non-moving party in the government’s motion to be dismissed)?

 

 

 

 

Judge Chamberlain, once thought to be a fair and honest conservative, proved to be a simple “cog” for a wheel known as Isabella County last month when he summarily dismissed my family’s lawsuit against the same county that writes his paycheck…

For reasons known only to him, the Honorable Judge Chamberlain decided that law enforcement officers “DO” qualify for governmental immunity even after they have been alleged to having committing acts of Federal Crime!

I’m no lawyer but I have done my homework and know that a judge, particularly a “Chief Judge” is supposed to consider motions for summary disposition in a light most favorable to the “non-moving” party.

Here the “Moving Party” was the defendant Isabella County and the “Non-Moving Party” was my wife and I. Our allegations, and the basis of our complaint against Isabella County and the Isabella County Sheriff”s Department was and were that certain employed and elected members of that entity had carried out the unlawful eviction of my family and the seizure/theft of it’s contents without a shred of any legal justification.

What roll did the Sheriff Department play?

The house itself was purchased by my wife from a Sheriff Department employee on an unrecorded land contract who later decided to change her mind after we had been in the home for seven months and having made all payments as agreed. She listed the home with a Realtor and sold it out from under us without letting us know about any of the details like the date offered to the new third party buyer for possession.

Now obligated to transfer possession of our home to a third party, this Sheriff Department employee enlisted the help of a Sheriff Deputy to force us to vacate the property under threat of arrest. This collaborated effort on the part of two Sheriff Department employees to willfully and intentionally deprive myself and my family of our civil rights is a Federal Crime as defined in Title 18 U.S.C. §§ 241, 242.

While everybody knows that you can’t lock someone out of their home, here we had been locked out and kept out of our home by two government employees of the Isabella County Sheriff’s Department.

We left to avoid being arrested and I immediately went to the Sheriff Department looking for what should have been a simple and immediate solution.

After explaining what had happened to the second in command, the Under-sheriff, the meeting eventually came to the conclusion, after it was adamantly suggested that the department had done nothing wrong, that I should be able to get my house back if I could prove that my family had not been evicted. The Under-sheriff had claimed that that information was directly from the prosecutor, Larry Burdick.

DUH! Came to mind but I didn’t say that.

So then I head back to my house and rolling up I see the sheriff department employee and her boyfriend taking armloads of my family’s personal property out of our house. I stop short of the property as to not cause confrontation and wait for the deputy to return.

The deputy shows up and I explained what I saw and asked the deputy to look in the back of the boyfriends truck. Instead, he demands that I remove myself and my vehicle from the property again threatening my arrest.

Once again, I complied to avoid arrest.

The the Deputy allows his co-worker’s boyfriend to leave the property with a truckload of stolen property to get eviction paperwork that does not exist. He returned to the property with no paperwork and driving a different vehicle.

Here the deputy allowed his co-worker and her boyfriend to leave the scene with stolen property. The deputy claims this all to be a civil matter after having facilitated in the theft of property while denying us a police report.

The proof is in the detail. Our initial call to 911 was “HELD” for over an hour while the SD employees worked out their plan. Deposition testimony admits to the planning and taking of the personal property that was in our home.

but still… The Honorable Chief Judge Chamberlain simply dismisses the lawsuit against Isabella County.

Additionally, and in the same dismissal order, the Honorable Chief Judge Chamberlain also res-erects a default earned against the boyfriend by setting aside our earned default and simultaneously granting his motion for summary disposition dismissing him from the suit.

Can you say “Kangaroo Court”?

In the court file is a picture of the boyfriend, “Robert Wheeler” in our home without permission or authorization that is time and date stamped on the day the looting of our home began.

BUT… We can’t have a default against the boyfriend while dismissing everyone else so his standing in the case is restored despite the default judgment against him and despite any legal standing for setting aside his default and he is dismissed along with everyone else in the same opinion and order.

How hard is it really to get schooled in court when the court doesn’t follow it’s own rules?

Shame on you Chief Judge Chamberlain! My faith in your character was sorely misplaced.

Seriously people! Why didn’t you just send me a letter stating that, even though you represent the law and the judicial system, there was no way in hell that one little man was going to upset your crooked balance.

It’s one thing to run into one stupid cop that is doing something stupid but it is all together a different thing when the system bends completely inside out trying to defend stupid to avoid liability for having been stupid.

But the STUPID doesn’t stop there!

Later the same day I am arrested for MISUSE OF 9-1-1 ! ! !

The Isabella County Sheriff’s Department facilitates in my family’s unlawful eviction without a court order and facilitates in the conversion / theft and flight of the contents of my family’s home and then I am arrested.

These aren’t simply allegations. This is all entirely substantiated in all of the court records. The Sheriff Deputy spent much of his day on September 27, 2010 at my house on three different occasions and the only police report is the one written for my arrest and it is full of lies. It lies about the number of times that I called 911. The police report itself shows calls made by other people.

The only warning I received on that day that I should be using the non-emergency number  for my emergency was during my last call to 911 and it came from the dispatcher and not the arresting officer. After receiving the suggestion, I offered to call back on the other line and was informed that it was ok because they weren’t busy. While I was on the line with dispatch and during my last call using the 911 number, my arresting officer called my wife and told her to tell me not to use the 911 number again or he was going to arrest me.

After the suggestion from dispatch and the only warning from the arreting officer delivered to me through my wife who was sitting next to me in my truck, I never did call again using the 911 number but was still arrested.

From what I now understand, the decision to arrest me was the officer’s call. He could have warned me and he could have written me a citation but he chose to take me into custody, booked me into the jail where I was forced to stay the night.

My family lost our home and it’s contents and I was jailed for calling 911 so that a sheriff department employee could turn over possession of our home to a third party buyer by September 30, 2010 and the Honorable Chief Judge Chamberlain refuses my family the right to complain?

The horror of this situation is overwhelming to say the least. This is the kind of thing that people just can’t allow themselves to believe could actually happen. If everyone in Isabella County were to come to understand the truth of this matter and the way the administrators and elected officials have chosen to handle this matter, there would be a revolt and there should be a revolt.

Crime in our county is not going to stop and we need to stop convicting our criminals with criminals that hold themselves out and above the law.

 

 

 

 

Johnna Totten of Rosebush, arrested and arraigned on charges of “malicious” internet posts and stalking?

Folks this is just creepy! What reporters are reporting as most relevant in this situation are the woman’s past dealings with the law and absolutely nothing about what the woman “actually did or said” to get her thrown in the slammer on felony charges!

Did she threaten someone’s life or livelihood?

I have been lambasting our government here in Isabella County now for over two years pressing for accountability in our own government and have named people like our elected sheriff, sheriff department employees as well as our (recently resigned) elected county prosecutor.

Having been victimized by Isabella County and it’s “employees” lends me perspective as close to complete objectivity as I believe that any “one person” could obtain when it comes to the dissemination of information handled by “OUR MEDIA”!

I have openly accused (for over 2 years now) Isabella County law enforcement officials of willfully committing criminal acts and covering up those acts against myself and my family and have witnessed our local media spin stories, bend the truth, inflate stories with unrelated information, fake interviews and flat out lie.

Law enforcement officials have a tough job, no doubt, but does this “tough job” classification allow them “the privileged government employee” the latitude to manipulate and deprive citizens “at will” of their constitutional rights and freedoms?

From Dictionary.com

ma·li·cious [muh-lish-uhs]

adjective
1. full of, characterized by, or showing malice; malevolent; spiteful: malicious gossip.
2. Law. vicious, wanton, or mischievous in motivation or purpose.

stalking [staw-king]

noun
1. the act or an instance of stalking, or harassing another in an aggressive, often threatening and illegal manner: Stalking is now a crime in many states.

adjective
2. of or pertaining to the act of pursuing or harassing: Stalking laws have alleviated some problems for famous people.

Mrs Totten has only been charged – not convicted of any crime. Our “Media” surefootedly points out that this woman has a history with the law and law enforcement by making the story about her troubled past instead of pointing out any relevant reasoning for her current arrest and her pending charges.

I’ve witnessed an Isabella County Judge enter a court order in complete disregard of a standing Federal Court order.

I’ve witnessed an Isabella County Sheriff’s Department Deputy willfully participate in criminal acts.

I’ve seen an elected Prosecuting Attorney deny addressing violations of Federal Civil Rights and then resign.

I’ve witnessed an elected Sheriff deny a family their guaranteed civil rights.

I’ve been wrongfully arrested for making a complaint against a Sheriff Deputy that participated in acts of crime against my family.

Are these statements malicious? Am I stalking government employees and elected officials?

When are they going to come to my house and take me away from my family “again” and shut me down using some self-serving charges and allegations that need to further explanation other than the name of the charge itself?

I’m not claiming or making any judgment on or about Mrs. Totten’s actions because the details of those actions have been kept from us.

This “story” or lack there of, hits home for me. I’ve seen “our media” make the story into something it isn’t by twisting facts and making up details to suit the self-preservation needs of our government.

For instance and in case you didn’t already know… My wife and I are suing Isabella County for the civil counterparts of our criminal complaints against Isabella County. February 6, 2013 the Isabella County Chief Judge dismissed our lawsuit by granting the defendant (Isabella County)’s motion for summary disposition and the Morning Sun had written and published an article to reflect that before my wife and I even knew this had actually happened as if the media had been forwarded an advance copy! The Chief Judge’s decision was handed down 5 months after the hearing. Almost a half a year!

I haven’t read the article yet because I personally do not believe anything they write. My point, I guess, is that they were “Johnny on the Spot” with reporting that the Isabella County Chief Judge summarily dismissed Isabella County of any and all wrongdoing. Ironically, the Chief Judge’s paycheck comes from and is written by the now dismissed defendant(s)…

The Morning Sun failed to write an article about our having timely filed an Appeal with the Michigan State Appellate Court at the Hall of Justice in Lansing Michigan. Why do you think that is?

Objectivity is “supposed to be” one of Media’s primary tenements along with true facts and accuracy in reporting.

Last year, Susan Fields “reported” that my family had been evicted from our home in Mount Pleasant. That information was claimed by her to have been a part of the court records which it was not. Our elected Sheriff was even quoted claiming that we had been evicted when we had not been. I personally asked Susan Fields to verify the facts (very easily verifiable in court records) and to print a retraction and she declined.

She didn’t care about the actual facts and the truth. Her “story” then, as it is today, is that my wife and I had been lawfully evicted in a court of law and that we were unhappy and taking it out on Isabella County. This is what Mrs. Fields wants her readers in Isabella County to believe and absent “fact”, she wrote her story, which absent “fact”, is nothing more than pure fiction and damning fiction at that.

With no more than an additional 8% of the vote here in Isabella County last November, I would have been elected Sheriff and thus able to start working on the repair of our county from the inside.

Although our elected “Chief Judge” has dismissed our case, our story is long from over and the point of these “ramblings”, for which I also fear being arrested “again” for, I guess, is an attempt to clarify to folks that what is written as “fact” by the media is not always the case.

In case the reader of this post is unaware… It is completely impossible for an “individual” in this county to actually
file a complaint against “our” government that will have any effect or carry any weight. I know because I have tried…
and tried… and tried again. Complaints along “official channels” are met with total resistance, denial and hostility. Again, I know this from personal experience. I have seen and experienced our government making me and my family the enemy as opposed to doing the right thing. The Sheriff’s Department, “our Sheriff’s Department” has classified me as a “radical”. Classified a radical by our law enforcement makes me petrified to even go near any county building or law enforcement official because “as a radical” our law enforcement believes me capable of violence which I am not. The only threat I pose to Isabella County is exposure. Exposure of corruption, misuse and abuse of force and a whole lot of piss poor decisions.

Bringing my complaints against Isabella County and the officials running it – in this format, on my website and on the internet, bringing light to the actual truth has proven to be my one and only outlet and it is not malicious… it is the truth. It is not stalking it is a demand for government accountability.

I, for one, understand the frustrations involved with having a complaint or dispute with the power and might of a governmental establishment such as Isabella County and it’s Sheriff Department. If our own local government cannot abide by this lands fundamental laws as outlined and defined by the Constitution of the United States and from which all other laws have been derived, how could we, as a people, and in our right mind, believe our government capable of enforcing any and all other law?

As always, feel free to voice your comment and opinion.
989-954-2814
eMail: 911 @ Visner 4 Sheriff . com