After 11 years of fighting, Mike Weston has bogus conviction overturned

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On March 10, 2016 After 11 years of fighting, Mike Weston has bogus conviction of “obstruction of a peace officer” overturned by Reno judge Pete Sferrazza.
  1. The Washoe County District Attorney admits that the Nevada Highway Patrol edited dash cam video of Trooper Ed Bowers to falsely accuse Mike Weston of obstructing a peace officer.
  2. The Nevada Supreme Court recently decided obstruction citations are unconstitutional in 2015 SCOTT (WILLIAM) VS. DIST. CT. (STATE) case # 67331.
  3. The Washoe County District Attorney  (represented by former Carson City DA deputy Travis Lucia) had no objection to the court vacating and expunging the wrongful conviction and the refunding of fines, fees and costs to Mike Weston.

Nevada Highway Patrol corruption, dash cam tampering & retaliation – The Mike Weston story

Dick Gammick protest

Mike Weston’s fist protest against former disgraced Washoe Co. DA Dick Gammick at the Washoe County Courthouse in Downtown Reno, NV.

The Court Pleading that won the case:


Judge Pete Sferrazza

Comes now Michael Weston in proper person to move the Court to reconsider and have an oral hearing on the matter or in the alternative alter/amend the signed March 08, 2013, and oddly filed on March 07, 2013, order denying motion to vacate by Judge Scott E. Pearson since the Nevada Supreme Court has ruled obstruction and delay laws/ordinances unconstitutional in 2015 SCOTT (WILLIAM) VS. DIST. CT. (STATE) case # 67331 and the State does not oppose the relief requested by the Defendant and they also concur with setting an oral hearing on the matter.

Memorandum of points and authorities

The Nevada Justice Court Rules of Civil Procedure (“NJRCP”) allow the court to reconsider and/or alter and amend an order pursuant to NJRCP Rule 59(E).

On December 31, 2015 the Nevada Supreme Court has ruled obstruction and delay laws/ordinances unconstitutional in 2015 SCOTT (WILLIAM) VS. DIST. CT. (STATE) case # 67331.v

The March 08, 2013 order denying motion to vacate by Judge Scott E. Pearson is based on the erroneous notion that the Plaintiff filed a legal “Opposition”No “Opposition” was ever filed by the Plaintiff in this instant matter in the timeframe allowed since Plaintiff filed a late answer dated March 06, 2013. The Plaintiff instead missed the time deadline by filed the Opposition as the record clearly shows.

 

The Plaintiff belatedly responded to the Defendants motion on March 06, 2013 and they make several concessions and concede to the Defendants requested relief. The Plaintiff states The State would not oppose the sealing of the Defendant’s record. Thus, if the relief granted is limited to that requested by the Defendant, namely vacating his conviction and returning his fees paid by the defendant without findings of fact or conclusions of law, the State would not oppose such relief. However, the Court may oppose the return of the fine.” This concession by the Plaintiff/State clearly conveys to the Court that the State does not oppose the primary relief of VACATING HIS CONVICTION that the Defendant is requesting!  The Plaintiff/State also concedes to returning the fees to the Defendant and they do not oppose returning the fine and instead leave that decision to the Court and even concurs that in may be appropriate for the Court to set this matter for a hearing to seek justice. See line 19-26.  

In the Plaintiff’s July 16, 2012 late Opposition they admit to editing the Nevada Highway Patrol (“NHP”) dash camera audio/video on page 2 line 20-12 where they state “Deleting portions of a video and leaving a timestamp to reflect such was done in not misconduct, let alone fraud.” The Court must understand that the timestamps show missing minutes and minutes that are longer and/or shorter than sixty seconds indicating intentional fraud. The edited dash cam video also shows a superimposed timestamp with no time stamp inconsistencies in an attempt to fraudulently show that there was no editing of the said audio/video. Clearly the NHP audio/video was intentionally edited to remove exculpatory evidence in an egregious and fraudulent effort to deny the Defendant his due process.  See the submitted DVD video.

The Defendant disagrees and asserts that the deleted portions of the audio/video were malicious and fraudulent.  The Defendant was disenfranchised during the original proceedings when the Plaintiff only showed 2 minutes and 8 seconds of the said dash cam audio/video.  Furthermore, the Defendant was never given a true and full copy of the said dash cam audio/video prior to his hearing.

The Defendant was also denied due process when he timely filed his appeal.

REQUEST RELIEF

Defendant respectfully requests the Court to have an oral hearing on this matter and set a date.

Defendant respectfully requests the Court to vacate the original order upholding the charge of  NRS 197.190 and reimburse Defendant his $300.00 dollar fine, court fees and court costs in this matter. Defendant further requests that his record in expunged of this matter.

Washoe County DA Christopher J Hicks

Washoe DA Chris Hicks

The Plaintiff states “The State would not oppose the sealing of the Defendant’s record. Thus, if the relief granted is limited to that requested by the Defendant, namely vacating his conviction and returning his fees paid by the Defendant without findings of fact or conclusions of law, the State would not oppose such relief. However, the Court may oppose the return of the fine.” This concession by the Plaintiff/State clearly conveys to the Court that the State does not oppose the primary relief of VACATING HIS CONVICTION that the Defendant is requesting!  The Plaintiff/State also concedes to returning the fees to the Defendant and they do not oppose returning the fines to the Defendant.

Congressional Testimony: Mike Weston to Bill Windsor of Lawless America in Carson City, Nevada

 

mike weston
On June 19, 2005, Weston was run off Interstate 80 near the Keystone exit in Reno by two vehicles traveling at extremely high speed. When he returned to the road, he soon came upon a Nevada Highway Patrol cruiser on the shoulder of the highway. Its driver, Officer Edward Bowers, had stopped a large pickup truck and was in process of issuing a citation to the truck’s driver.

NHP1Weston stopped his car behind the trooper’s cruiser.

After waiting at least three minutes to observe the officer’s situation and to determine that the officer was not engaged in a threatening scenario, Weston approached Bowers to report that he had just been run off the road by two reckless drivers who posed a clear and present danger to other vehicles. Significant dialogue discussed during this exchange is not included in an audio-video tape as played during Weston’s trial; this proves that evidence was altered to undermine truth. The tape was shot by a camera onboard the NHP cruiser.

Moments later, Bowers recognized Weston as a person who had previously criticized him. Bowers’ focus shifted to Weston being a critic and he, Bowers, indicated no concern with Weston’s close avoidance of what might have been a fatal accident ~ nor with the clear and present danger to other vehicles posed by the two speeding vehicles Weston reported to him.

Without issuing a warning to Weston, as mandated by law, Bowers issued a citation to Weston for “obstructing and delaying a peace officer”. The audio-video tape mentioned above proves that Bowers did not issue a warning as required by law. Weston was fully cooperative with Bowers; the tape documents this.

On August 19, 2005, Weston found himself in a kangaroo court with “Judge” Fidel Salcedo presiding. During this scenario Weston was victimized by editing of the audio-video tape, complete with a doctored timestamp, and by Officer Bowers lying under oath (perjury). TIME STAMP IRREGULARITIES DISPLAYED ON ORIGINAL TAPE

DICK GAMMICK

DICK GAMMICK protest

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

Hour 5

Minute 11 Incident begins
Minute 10
Minute 09 Does not display
Minute 08
Minute 07 75 seconds
Minute 06 55 seconds
Minute 05 15 seconds
Minute 04 68 seconds
Minute 03 45 seconds
Minute 02 25 seconds
Minute 01 55 seconds

Hour 4
Minute 59 40 seconds
Minute 58 15 seconds
Minute 59 Displays again / 40 seconds / Different content
Minute 57 85 seconds
Minute 56 70 seconds
Minute 55 25 seconds
Minute 54 55 seconds
Minute 53 23 seconds
Minute 52 95 seconds
Minute 51 Does not display
Minute 50 80 seconds
Minute 49 40 seconds
Minute 48 40 seconds
Minute 47 55 seconds
Minute 46 40 seconds
Minute 45 Does not display
Minute 46 25 seconds
Minute 45 Does not display
Minute 44 25 seconds
Minute 43 55 seconds
Minute 42 25 seconds
Minute 41 Incident ends

Reno Judge Scott Pearson gets protested by Mike Weston Judge Pearson will not reverse the fraudulent “conviction” of Mike Weston even though the State and Washoe County DA has no objections to vacating the fraudulent “conviction” of Mike Weston

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scott pearson

Update August 2015: Judge Pearson will not reverse the fraudulent “conviction” of Mike Weston even though the State and Washoe County DA has no objections to vacating the fraudulent “conviction” of Mike Weston and admits to altering the dash cam video in court docs. Mike plans to continue the protest in August 2015 in front of the Washoe courthouse in Reno, Nevada.

2016 update: MIKE WESTON -2016 NEW MOTION TO VACATE

Nevada Highway Patrol protests

Nevada Highway Patrol protests

June 27, 2012 – Mike Weston has filed a motion to vacate his “conviction” of the criminal obstruction/delay of a peace officer in the Reno court. Local media assured Mike and NVwatchdog that they will pursue this story and Mike will take a lie detector test and he challenges NHP trooper Bowers to do the same for the press investigation and NVwatchdog’s investigation. So far NHP is not commenting officially or returning calls for public comments.

Some anonymous people are posting various thoughts on the clock in question as being video storage/memory time remaining on the dash cam. However, NHP originally stated the time was the troopers time on and/or remaining on duty. We need to know what make and model is the recorder? Is there a history of time defects on the said recorder, etc. As of June 2, 2012 NHP refuses to answer any questions. It is suspected that the military time clock was superimposed, but NHP failed to correctly alter the time on duty clock. We want to get these facts right and we need NHP to be forthcoming with information to which they have not.

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

On the you tube time stamp 45:43 Mike approaches trooper Bowers and report he was nearly run off the road by the SUV/truck Bowers pulled over. This is the moment at around 45:43 to 45:49 where the tape is missing dialog of Mike explaining the situation. The cars traveling east show inconsistent headlight trails frame by frame. We hope the local press fact finders can assist in the video analysis done by a profession reputable company for an experts opinion on this matter.

This project is a work in progress, • I’ll produce a part II to this that covers the court transcripts and more. NHP visited the evidence room twice and then told Mike the tape was destroyed. NHP did not produce the tape for discovery on time for the court. NHP gave Mike a copy without the sound originally.

Reno Judge Scott Pearson

Mike Weston protests Reno Judge Scott Pearson

Furthermore if you listen to the entire recording of the NHP incident, it is very, very clear Bowers had a grudge against Mike related to a previous complaint against Bowers for unprofessional conduct when Mike reported icy roads and a car accident.

Again, listen the the entire incident and Mike initially reports he was terrorized by the SUV/truck Bowers had just pulled over for speeding. Mike’s conduct was proper considering the situation and Mike complied with the troopers orders. Bowers even acknowledges Mike did nothing wrong at time-stamp 16:20 It is very evident the trooper Bowers acted under the color of law and committed perjury by retaliating against Mike Weston. Ed Bowers is the classic example of a cop with an ax to grind against someone.

Congressional Testimony: Mike Weston to Bill Windsor of Lawless America in Carson City, Nevada

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A federal court in Nevada upheld a Nevada Highway Patrol officer‘€™s right to free speech in a ruling filed last week.

A federal court in Nevada upheld a Nevada Highway Patrol officer‘€™s right to free speech in a ruling filed last week.

Three Nevada Highway Patrol employees, Matt Moonin, Donn Yarnall and Erik Lee, first filed a lawsuit against the department in the summer of 2012, claiming NHP administrators sabotaged their K-9 drug-detection unit and retaliated against them after the press reported on alleged illegal searches.

U.S. District Court Judge Larry Hicks handed down a mixed bag of orders in a July 8 filing, ruling in favor of the state on some claims and against it on others.

At the heart of the free speech complaint is an email sent by Kevin Tice on Feb. 24, 2011 to K-9 troopers in NHP‘€™s southern command area. In the message, Tice forbids “direct contact between K-9 handlers or line employees with ANY non-law enforcement entity or persons for the purpose of discussing the Nevada Highway Patrol K-9 program,€” according to court documents. Tice, who is no longer with NHP, told employees that “All communication with ANY non-departmental and non-law enforcement entity or persons regarding (the K-9 program) WILL be expressly forwarded for approval to your chain-of-command.”€ Emphasis using capital letters was reproduced from the court documents.

The court documents detail the allegations about the department‘€™s mishandling of the K-9 program. In the summer of 2011, after the K-9 program was split up, Moonin filed reports with the department saying he noticed “€œa marked increase in unconstitutional searches.” Moonin was alarmed at the routine practice of poking holes in packages at a FedEx sorting facility to make it easier for the dogs to smell the contents.

Nothing came of Moonin‘€™s report.

In Sept. 2011, NHP‘s K-9 troopers, including Moonin and Lee, resigned “en masse” from the program based on objections to new training methods and alleged civil rights violations, according to court documents. Lee and Moonin were placed in lower-status positions with the highway patrol.

Because of the serious nature of the allegations, the court decided that Moonin‘€™s interest as a citizen in commenting on matters of public concern outweighed the state‘€™s interest in confidentiality as an employer. The court agreed that, in Moonin‘€™s case, the email was an unconstitutional prior restraint of his speech.

The court ruled in favor of the state in Lee‘s case, saying he could not make a First Amendment claim since his unit did not receive the email directly. But the court denied the state’s motion for summary judgment in the trespassing claim made by Lee. Whether NHP is liable for damages resulting from the way it entered Lee’s backyard to reclaim an agency-owned dog kennel will have to be determined by a jury.

Because he died earlier this year, Yarnall‘€™s case was not decided, and his family will have to decide how to proceed with his free speech claim. Hicks set a 45-day deadline for those documents to be filed.

Contact Wesley Juhl at wjuhl@reviewjournal.com and 702-383-0391. Follow @WesJuhl on Twitter.

Review-Journal story from 2012: Legal challenge questions reliability of police dogs 

Highway Patrol Violated Officer’s Speech Rights

     RENO, Nev. (CN) – A Nevada Highway Patrol deputy chief violated the free speech rights of a K9 patrol officer when he forbid all employees to talk to outsiders about unrest within the program.
Officers Matt Moonin, Donn Yarnall and Erik Lee sued the state, the highway patrol, the Las Vegas Metropolitan Police Department and several other individuals and entities on June 26, 2012, claiming the defendants engaged in a conspiracy to throttle and hopefully eliminate a new K9 drug interdiction program that some police brass believed a waste of money and resources.
Yarnall, who died earlier this year, was the architect of the program, while Moonin and Lee were officers assigned to it.
The plaintiffs claimed that from the program’s inception, highway patrol administrators “worked to undermine and marginalize it, resulting in routine Fourth Amendment violations.”
The officers claimed the K9 program initially flourished but that their superiors lowered the high standards implemented by Yarnall, and filed false complaints against Yarnall and Lee, removed files from the K9 program’s offices, denied dog food and other basic needs and barred dogs from the K9 program’s offices.
They claimed that as time went on, both human and canine officers were given substandard training, and lax supervision.
Moonin, in particular, expressed alarm that some K9 officers routinely poked holes in packages at a FedEx sorting facility, so that their dogs could more easily smell their contents.
Lee and Moonin went on to claim that after they reported their concerns to department officials in 2009, they were routinely subjected to retaliation, including denial of overtime and abuse from their fellow officers.
According to their complaint, things only grew worse when the state Department of Public Safety divided the K9 program between the Nevada Highway Patrol and the Las Vegas Metropolitan Police Department, a move the plaintiffs claimed led to a “marked increase in unconstitutional searches.”
The plaintiffs claimed the issue came to a head in early 2011, when local television stations began investigating complaints about the K9 program, interviewing state and Las Vegas police officials. Moonin said rumor within the department was that he had tipped the media, but he denied those rumors.
On Feb. 24, 2011, the complaint said, Deputy Chief Tice sent an email to officers warning them not to talk to anyone outside of the department about its K9 or interdiction programs. “All communication with any non-departmental and non-law enforcement entity or persons regarding the Nevada Highway Patrol K9 program or interdiction program or direct and indirect logistics relating to these programs will be expressly forwarded for approval to your chain of command,” Tice wrote. “Any violation of this edict will be considered insubordination and will be dealt with appropriately.”
The plaintiffs claimed Tice’s email was “unconstitutional prior restraint” of their free speech rights. The defendants said it was nothing of the kind, and the parties filed cross motions for summary judgment.
In their motion of dismissal, the defendants claimed Yarnall and Lee had no standing on the claim since Yarnall was not a trooper and Lee was not working in the command that received the email when it was sent.
In a July 2 ruling, U.S. District Judge Larry Hicks said it would be inappropriate to decide the issue in regard to Yarnall until his heirs decide whether to pursue his claims or not. They have 90 days from the time of Yarnall’s death to do so, Hicks said.
As for Lee, Hicks accepted the defendant’s contention that he wasn’t sent the email, but was only advised of it.
“Therefore, Lee has failed to demonstrate sufficient causation to establish standing, and the Court denies Plaintiffs’ motion for Summary Judgment as to Lee on his prior restraint claim.” the judge wrote.
The remaining issue was whether Tice’s email unconstitutionally restrained Moonin’s speech.
“As a threshold matter, the Court determines that, as a matter of law, Tice’s email restricted speech on a matter of public concern and Pickering balancing is appropriate,” Hicks wrote. “Applying the Pickering test, the Court finds Moonin’s interest as a citizen ‘commenting on matters of public concern’ outweigh ‘the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.'”
The judge then went on to consider the specific wording of Tice’s email, particularly is restriction on “any” contact with non highway patrol personnel to discuss the K9 program.
“The focused ‘any,’ combined with the prohibition on ‘discussing … the K9 program,’ suggests that this restriction applies to speech merely ‘related to’ the K9 program,” the judge said, holding that prior restraint of all communication, even when it is only tangentially related to the department business, certainly exceeds the government’s authority, and “regulates troopers’ speech on matters ‘beyond which the employer itself has commissioned or created.’
“Therefore, Tice’s email restricted speech made as a citizen on matters of public concern, and Pickering balancing is appropriate,” Hicks wrote.
The defendants argued no actual injury occurred because the plaintiffs ignored the email directive, and that Tice’s email only enforced the department’s confidentiality policy, and asserted the highway patrol’ interest in keeping official business confidential for officer safety and effective departmental operations.
Hicks was unmoved.
“The Court finds that a reasonable supervisor would have known that such a mandate was an unconstitutional intrusion into Plaintiffs’ established First Amendment rights,” the judge wrote.
He also concluded that given the above facts, Tice is not entitled to qualified immunity on this claim.
“Moonin has … established the elements of prior restraint, and there is no dispute of material fact that would preclude a finding of summary judgment. Therefore, the Court finds that Moonin is entitled to summary judgment on his prior restraint claim,” Hicks wrote.
Representatives of the parties did not immediately respond to a request for comment from Courthouse News.

NHP pigs to wear body cams to help stop corruption

body camCARSON CITY, Nev. (AP) — Nevada lawmakers have approved a measure requiring all Nevada Highway Patrol troopers to wear portable body cameras by 2016.

Assembly members voted to approve SB111 on Monday, and the measure now goes to Gov. Brian Sandoval for approval.

The measure is sponsored by Democratic Sen. Aaron Ford and transfers nearly $1.3 million over two years to outfit more than 400 troopers with portable body cameras.
The bill requires the highway patrol to have regulations in place for troopers wearing the cameras by July 2016.

Lawmakers approved AB162 earlier in May, which requires police to set certain regulations on wearing portable body cameras and clarifies that footage captured on the cameras is a public record.

Senior citizen arrested for driving classic car by the Nazi Nevada Highway Patrol NHP

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nevada is a police stateLAS VEGAS — A Washington couple says they were falsely arrested by the Nevada Highway Patrol for stealing a collector car they actually owned.

The highway patrol admitted two errors that led to Robin and Beverly Bruins being removed from their car at gunpoint. And, now, the highway patrol is facing a lawsuit.

As the I-Team learned, it all began with confusion over a license plate on a classic car. A highway patrol dash camera recorded a trooper stating over a loudspeaker: “Driver! Remove your keys from the ignition and put them on the roof now!”

From that point Robin Bruins and his wife experienced a daylight nightmare when the senior citizens found themselves looking down the barrels of police pistols.

“Actually, I think I might have giggled to Bev saying, ‘well, I don’t know what this is all about’ and I put the keys on there,” Robin Bruins said. “And I turned and looked back and saw three gun barrels pointed at me. And, obviously it hit me. Whoa! What’s going on here. To this day I have never experienced anything like looking down the barrel of guns like that.”

fuck_the_police_infant_bodysuit

The trooper said to him: “Go ahead with your right hand lift your shirt up. Go ahead, lift your shirt up. With the top of your collar!”

Multiple officers were shouting commands Robin Bruins said he found conflicting or confusing.

One trooper said: “OK. Turn around slowly. Turn around slowly.”

Bruins told the I-Team: “He was telling me to do something and I had my hands in the air and he said to do something again and I looked at him and I said, ‘are you talking to me?’ You know, what’s going on?”

Trooper: “Turn around. Turn around the other way.”

Bruins: “Me?”

Trooper: “Yes, you!”

Bruins to the I-Team: “And it wasn’t until I had taken my shirt off and told to get on my knees and handcuffed and I said, ‘What’s going on? Do you think this car is stolen or something?’ And he said, ‘exactly right. And their car is going back to its rightful owner.’”

fuckthepoliceBeverly Bruins said the troopers treated the couple “like we were Bonnie and Clyde.” She was removed from the car at gunpoint with a broken leg at the time.

“I got out of the car and I thought, how am I gonna walk back without crutches?” she said. So, I went to reach for my crutches in the back seat and they yelled at me, ‘Keep — we said keep your hands in the air and walk backward towards us.’”

A woman trooper took Beverly Bruins into custody and checked her background.

“And then she ran a check on my license plate and came back and un-handcuffed me and asked me if I’d like to say goodbye to my husband,” Beverly Bruins said. “And I said, ‘goodbye to my husband? Where’s my husband going?’ And she said, ‘well, he’s going to jail.’ So I went over to see Rob and he’s in the back seat with no shirt on on, hands behind his back and tears are running down his face.”

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Robin Bruins was ultimately taken to the Clark County Detention Center, where he spent most of the night in a holding cell with two dozen new acquaintances but not his nerve medicine.

“And I said, ‘well I’m past the time for my medications, can I take those now?’” he said. “You know, thinking that he was going to give ’em to me. And they said, ‘no, you can’t have anything you brought with you.’”

While her husband was in jail Beverly Bruins took her crutches and luggage to a hotel where she was able to sort things out. It turns out the car was stopped by the troopers because it had an historical license plate that did not show up in a computer check. Restored plates issued in the year a classic car was made are legal in Washington state.

Highway Patrol letter concerning dismissal of charges, custody of Robin Bruins

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

The registration, which the couple provided to a trooper, shows the historical plate in a box called “equipment number.” The actual plate number is in another box. The trooper ran that number but he didn’t include a “plus” sign so it came back to the wrong vehicle.

That was error number one.

Error number two came when the trooper radioed the correct “vin” number of the car into dispatch. But the dispatcher entered the wrong number into the computer, and the erroneous number came back to a stolen car, similar to the one belonging to the couple.

The Bruins said they can understand an honest mistake, even two. What they don’t understand is why officers didn’t act on what appeared to be their own belief that the Bruins might be innocent victims.

As recorded by the dash camera, a trooper gets on the phone and tells his supervisor about Robin Bruins: “I tend to believe him. I mean I’m gonna run him before I make a determination … the guy comes back with possession … or a history of something like that. If he’s lying to me, that’s a different story. But, as of right now, I mean, he seems to be legit.”

Despite a clean criminal history check, Robin Bruins was hauled off to jail.NHP1

“I mean, he was on the phone with his supervisor, talked to other officers when they got there, talked to another officer at the detention center when I got there,” Robin Bruins said. “And they all agreed that I should be behind bars. And that is just incredible.”

The couple has since filed a lawsuit against the officers and head of the highway patrol for civil rights violations.

“Robin was not this, you know, car thief,” the couple’s lawyer Paola Armeni said. “They knew that.. And that’s repeatedly on the video. You can hear them questioning themselves. Yet they still chose to arrest him.”

I-Team: “You think it’s something you need, to send a message with litigation?”

Robin Bruins: “I mean, all they had to do is have one guy check what the dispatcher’s numbers were. And the whole situation wouldn’t have happened.”

Beverly Bruins: “I just think they should have used, that they should have used a character judgment. We live our lives so that we don’t get into situations like this.”

Robin Bruins: “To be treated like the both of us were, I mean, at gunpoint and then handcuffed and then humiliated by making you take your shirt.off and get on your knees on the side of the freeway. I mean, why should that have to happen to anybody?”

The I-Team sought comment from the highway patrol but agency spokeswoman Gail Powell wrote via email: “We are unable to discuss any specifics concerning on-going litigation matters.”

 

NHP trooper hurt in Sunday crash sent home from hospital

The Nevada Highway Patrol trooper whose patrol car was hit by two cars in 30 minutes over the weekend is resting comfortably at home, the agency said Monday.

NHP has not identified the 34-year-old man by name.

It happened just before noon Sunday, during the valley’s record-breaking rainfall. NHP said cars were going to fast on a wet southbound U.S. Highway 95 southbound, near Eastern Avenue, when the trooper’s patrol car was hit the first time by a green Honda sedan. He wasn’t in it at the time, and the collision caused only minor damage.

Almost 30 minutes later in the same area, the trooper was in the patrol car when it was struck, NHP said. A southbound, gold Ford 500 hit a blue Toyota Camry before striking the patrol unit and overturning, NHP said.

The back of the patrol car was smashed after the second crash.

The trooper and two women in the Ford 500 were taken to University Medical Center with injuries that were not life-threatening.

The 34-year-old trooper suffered minor head injuries and was released from the hospital.

Lawsuit alleges trooper crashed into motorcyclist on purpose

A Las Vegas motorcyclist wants the federal Justice Department to investigate whether a Nevada Highway Patrol trooper violated his civil rights and used excessive force in a crash last month on a Southern Nevada freeway on-ramp.

Attorney Stephen Stubbs filed a complaint Monday that says his client, 39-year-old Allah Shah Lindsey, received a serious leg injury when an NHP patrol cruiser driven by Trooper Colter Shane Earl crashed into his motorcycle late Oct. 8.

Stubbs alleges the crash in the median emergency lane on the 215 Beltway at Rainbow Road was intentional.

He says Earl may have hit Lindsey because Lindsey is black.

Trooper Chelsea Stuenkel declined comment on behalf of the highway patrol.

She says the crash is being investigated and Earl remains on the job.

Nevada Highway Patrol – Northern Command Rural Dispatch Live Audio Feed/Scanner

NHP scanner

ImageNevada Highway Patrol – Northern Command Rural Dispatch Live Audio Feed: http://streema.com/radios/play/50754

Dick Gammick agrees with Mike Weston, the NHP edited dash cam video and Mr. Weston’s case/conviction should be vacated and expunged as stipulated by Washoe DA Dick Gammick.

JP Scott Pearson “Obstruction of Justice”Is Judge Scott Pearson obstructing justice by being the judge, jury and prosecutor to abuse his desecration in denying Mr. Weston justice after 8 years of fighting this corruption.

https://nevadastatepersonnelwatch.wordpress.com/2013/06/30/mike-weston-to-finally-get-his-day-in-court-july-8th-2013/

RICO Lawsuit against NHP about drug-sniffing dog programImage

RENO, Nev. (KRNV & MyNews4.com) – Attorney Kenneth McKenna has filed a Federal Lawsuit on behalf of Nevada Highway Patrol Troopers and a retired Sergeant of Police who in part created and established the K-9 Drug Interdiction Unit for the Nevada Highway Patrol.

They are suing the Department of Public Safety, Nevada Highway Patrol, the City of Las Vegas Metropolitan Police Department and individual members of the Highway Patrol Command Staff and Officers of the Las Vegas Police Department in a 103-page complaint filed in the United States District Court of Nevada.

The Plaintiffs are alleging that the Command Staff of the Nevada Highway Patrol intentionally destroyed the K-9 program.  They claim the program had been instrumental in “getting drugs off Nevada Highways and achieving seizures in the multi-millions of dollars to the benefit of the State of Nevada’s revenues”. Continue reading

Dick Gammick agrees with Mike Weston, the NHP edited dash cam video and Mr. Weston’s case should be vacated – Is Judge Scott Pearson obstructing justice?

DA Dick Gammick

DA Dick Gammick

Dick Gammick agrees with Mike Weston, the NHP edited dash cam video and Mr. Weston’s case/conviction should be vacated and expunged as stipulated by Washoe DA Dick Gammick.

JP Scott Pearson "Obstruction of Justice"

JP Scott Pearson “Obstruction of Justice”

Is Judge Scott Pearson obstructing justice by being the judge, jury and prosecutor to abuse his desecration in denying Mr. Weston justice after 8 years of fighting this corruption? Who does JP Scott think he is? A puppet for Redneck justice DA Gammick?

See Judge Scott Pearson’s contributors:

Pearson, Scott – Report 1Report 1, Amended  Report 2  Report 3

Scott Pearson worked for corrupt DA Gammick!

Reno DA Dick Gammick ANTI-CORRUPTION protest

Reno DA Dick Gammick ANTI-CORRUPTION protest

This video shows NHP edited the dash cam video

Nevada Highway Patrol Corruption

http://www.youtube.com/watch?v=I3ROtFtZSH8

Congressional Testimony: Mike Weston to Bill Windsor of Lawless America in Carson City, Nevada

A decision is expected soon by the Reno Justice Court Judge Scott Pearson.  Mike has also requested the court to report DA Dick Gammick to the “appropriate authorities” for the fraud and Brady Disclosure ( See Brady v. Maryland, 373 U.S. 83 (1963) violations of evidence tampering to withholding exculpatory evidence 

The Supreme Court held that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment”; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals’ ruling was affirmed.

John Helzer Assistant Washoe DA

John Helzer Assistant Washoe DA

Deleting portions of a video and leaving a time stamp to reflect such was done is not misconduct, let alone fraud.” (Emphasis added).

[t]he State would not oppose the sealing of defendant’s record. Thus, if the relief granted is limited to that requested by the defendant, namely vacating his conviction and retuning fines and fees paid by the defendant without findings of fact or conclusions of law, the State would not oppose such relief.”

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

Dick Gammick is a Disaster – Roger Whomes on Sam Shad Nevada Newsmakers

Washoe DA Dick Gammick is a wannabe cop who illegally pulls people over acting under the color of law impersonating a  peace officer.

Dick Gammick’s former daughter-in-law discusses how Gammick treated her when she sought court ordered child support from her ex-husband, Gammick’s son. Rebecca says Dick Gammick threatened her

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

DA DICK GAMMICK AND NEVADA GOVERNOR BRIAN SANDOVAL

DA DICK GAMMICK AND NEVADA GOVERNOR BRIAN SANDOVAL

DICK GAMMICK

DICK GAMMICK protest

DICK GAMMICK

DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK AND AG MASTO

Nevada Highway Patrol protests DA DICK GAMMICK AND AG MASTO

To read the history, see our earlier story : https://nevadastatepersonnelwatch.wordpress.com/2012/07/25/july-2012-updates-continued-mike-weston-story-nhp-now-admits-to-editing-dash-cam-audiovideo

Brian Sandoval letter

Brian Sandoval letter

mike weston da1

=================

Nevada Highway Patrol, City Settle Beating Case

Mike’s case is like the LA dash cam incident where Police were caught by Their Own Dash Cam Framing Citizens For Another Cop’s Crimes

This is the original website for Mike Weston’s case created back in 2005

NEVADA LICENSED CRIMINALS

                  Nevada is a major example of the culture of corruption which plagues America.

==================

NOTE: The Government seems to be blocking the NevadaLicensedCriminals.com site and we’re trying to fix the censorship.

=============================================================

The old Washoe County Courthouse in Reno where the Constitution and due process are commonly violated.

Wake up, America!

Dick Gammick protest

Dick Gammick protest


Sweeping legislation is needed to get tough with corrupt judges, politicians,
lawyers, and cops. The death penalty would be just and appropriate.
Persons who abuse public powers must be held accountable.
Let us declare war on corruption and do whatever it takes.
Our worst enemy is run-amok government.
~ Guy Felton, Publisher

Nevada Highway Patrol

Nevada Highway Patrol

Nevada Highway Patrol

Nevada Highway Patrol

Nevada Highway Patrol

Nevada Highway Patrol

Nevada Highway Patrol

Nevada Highway Patrol

Have YOU been victimized by Nevada’s corrupt legal system?


Mike Weston has and he’s fighting back!

On June 19, 2005, Weston was run off Interstate 80 near the Keystone exit in Reno by two vehicles traveling at extremely high speed. When he returned to the road, he soon came upon a Nevada Highway Patrol cruiser on the shoulder of the highway. Its driver, Officer Edward Bowers, had stopped a large pickup truck and was in process of issuing a citation to the truck’s driver.

Weston stopped his car behind the trooper’s cruiser.

After waiting at least three minutes to observe the officer’s situation and to determine that the officer was not engaged in a threatening scenario, Weston approached Bowers to report that he had just been run off the road by two reckless drivers who posed a clear and present danger to other vehicles. Significant dialogue discussed during this exchange is not included in an audio-video tape as played during Weston’s trial; this proves that evidence was altered to undermine truth. The tape was shot by a camera onboard the NHP cruiser. 

Moments later, Bowers recognized Weston as a person who had previously criticized him. Bowers’ focus shifted to Weston being a critic and he, Bowers, indicated no concern with Weston’s close avoidance of what might have been a fatal accident ~ nor with the clear and present danger to other vehicles posed by the two speeding vehicles Weston reported to him.

Without issuing a warning to Weston, as mandated by law, Bowers issued a citation to Weston for “obstructing and delaying a peace officer”. The audio-video tape mentioned above proves that Bowers did not issue a warning as required by law. Weston was fully cooperative with Bowers; the tape documents this.

On August 19, 2005, Weston found himself in a kangaroo court with “Judge” Fidel Salcedo presiding. During this scenario Weston was victimized by editing of the audio-video tape, complete with a doctored timestamp, and by Officer Bowers lying under oath (perjury).

Weston is now requesting a new hearing. See below >>>>>>


Publishers comment: Mr. Weston has been and continues to be harassed by police officers with clear intent to intimidate him so that he will terminate his contacting government officials to report crimes committed against himself. When public employees authorized to carry lethal weapons feel themselves free to abuse their delegated powers to silence critics by intimidation or worse, a totally unacceptable situation is created. Peace officers who act as thugs against their employers should be tried for treason and, if convicted, executed.

This publisher has suggested to Mr. Weston that he begin keeping a log of any incident involving any action by any member of any law enforcement entity ~ including the corrupt FBI ~ which he, Weston, deems inappropriate. The same for any possible surrogate of any member of any law enforcement entity. If known, names of involved public employees or surrogates will be listed on this website and also reported by letter to the President of the United States.  

As of November 14, 2011, Weston has 31 entries in his log of inappropriate actions taken against him by law enforcement officers. He has installed two video cameras in his car (facing front and rear) to document future incidents of harassment. Future incidents will be put on YouTube ~ with comments including names of rogue law officers.)

If any other Nevada citizen would like to report improper conduct on the part of any law enforcement officer, please send a BRIEF message to this publisher by email. Be sure to include your home phone number and suggest a time to call.

There is no doubt, whatsoever, that a citizens’ review board is needed in Washoe County to deal with public employees who should not be.

                                                                                 ~ Guy Felton

State of Nevada v. Michael Weston, Case RCV 2005-023211
File: Michael Weston, 5-15-08

GROUNDS JUSTIFYING REQUEST FOR NEW HEARING 

Suppression of evidence

Tampered evidence

Perjury ~ false statements

Clerk “Robin” denied Weston’s right to appeal when she told him at the last moment that he needed an affidavit.

Time code was altered on the Nevada Highway Patrol audio-video tape.

Court/NHP did not permit Weston to review said audio-video tape before his day in court (August 19, 2005).

Judge Salcedo denied Weston’s right to enter a relevant complaint letter and relevant response letter from Senator Harry Reid regarding an earlier complaint against the NHP.

Only 3 minutes of the NHP audio-video tape were shown in court out of a total time of 22 minutes.

Weston was forced by Bowers to restage a verbal exchange in front of the NHP cruiser’s camera. The restage was substituted on the “official” tape in place of the original exchange!

Weston’s car was searched without his permission by NHP officers and he, Weston, was ordered to not observe this search.

Bowers’ audio-video tape and the court transcript were both altered after Weston contacted Nevada Public Safety about discrepancies in the audio-video tape played during Weston’s day in court. Withheld evidence was crucial to proving Weston’s innocence regarding any wrong-doing.

During Bowers’ testimony in court, he stated, under oath, that Weston came up to him and said, “Excuse me, excuse me, I want to talk to you about SUVs and pickups.” This statement is not depicted on the audio-video tape as Bowers claimed when Weston first approached him.

The Court refused to give a copy of the NHP’s audio-video tape to Weston for his review and evaluation until after the deadline for filing an appeal.

The Court outright lied to Weston regarding the procedure for obtaining a transcript of his day in court. This to frustrate Weston’s procuring said transcript.

“Kelly” at the District Attorney’s Office informed Weston that evidence had been destroyed and then changed her story to say she didn’t know who had custody of said evidence. Weston was later permitted to obtain a copy of the evidence (audio-video tape) after the appeal period expired.

The audio-video tape documents that Sergeant Kinard (Bowers’ immediate supervisor) asked Bowers, “Did you tell him to hold off (i.e., give Weston due warning)?” Bowers replied, “Yes, I did.” Kinard then asked Bowers, “Did Weston do anything else wrong?” Bowers answered, “No.” Bowers, in fact, never gave due warning to Weston.

During the Court proceeding, there was no discussion regarding Weston having been (or not having been) given due notice before he was cited as required by law. Weston was not given due notice at the time of the subject incident.

The Prosecutor asked Bowers if the audio-video tape shown in Court depicted the true events that transpired. Bowers answered, “Yes.” Bowers lied in that the tape had been edited ~ not only for time, but also to leave out crucial evidence in Weston’s favor.

Judge Salcedo ignored Weston’s reporting to him that Court Clerk “Robin” did not permit him to file appeal papers which Weston attempted to submit in a timely manner.

While pursuing his case, Weston was harassed and stopped on the road a total of 6 times by NHP officers for ridiculous and fraudulent reasons.

Third-party hearsay evidence against Weston was used by the Prosecutor during her closing argument.

The Department of Public Safety made 2 trips to the evidence room on the 9th and 15th of December 2005 to retrieve and return the Weston audio-video tape. This was before Weston was permitted to copy the tape. Who did what with the tape before permitting Weston’s close evaluation of it?

Weston was made to feel that pursuing justice in his case was discouraged by Court officials and that the NHP would maliciously retaliate against him should he persist in doing so.

If Weston is denied fair review of his maltreatment by the Court and the NHP, he will be forced to pursue related litigation in federal court and also sue for heavy punitive damages in the amount of one million dollars.

Copies:
FBI (Read their “We don’t give a damn” reply below.)
Senator Harry Reid & other federal officials 

THE FBI IS PART OF THE

PROBLEM!
BELOW IS A REPLY LETTER TO WESTON FROM
AGENTS STEVEN M. MARTINEZ & MICHAEL A. WEST.

June 2, 2008

Dear Mr. Weston:

RE: Complaint against Edward Bowers

The FBI has reviewed your complaint of May 20, 2008, wherein you allege you have been the victim of a civil rights violation. Based on the review of your complaint information, no investigation will be initiated.

Enclosed with this letter please find the following items you provided to our office on May 23, 2008:

One VHS tape containing the video of Trooper Bowers dashboard camera depicting the incident; one DVD containing the audio from Reno Justice Court depicting the bench trial for Weston’s citation; one copy of the bench trial transcript; one copy of the letter from Office of Professional Responsibility (DPS); one copy of the letter to George Togliatti; one copy of Weston’s appeal letter; one copy of the ACLU complaint form; one copy of NRS 197.190; one copy of letter to the Nevada Commission of Judicial Discipline; one copy of of a response letter from the Commission of Judicial Discipline; one copy of a response letter from Senator Harry Reid; one copy of a newspaper article; and one copy of a sheet of paper with Nevada State Crimes. ###

Publisher’s comment: Martinez and West are asked to explain why they refer above to evidence tampering, perjury, and judicial fraud as “a civil rights violation”. Such willful mischaracterization of the felony crimes committed against Weston amounts to fraud, misprision of fraud, and obstruction of justice.

Also, the above letter fails to acknowledge receipt by the Reno FBI office of three documents submitted as evidence by Weston in addition to the items noted. These three documents were not returned to Weston; one is a printout of the altered times shown on the audio-visual tape:

               TIME STAMP IRREGULARITIES DISPLAYED ON ORIGINAL TAPE

Hour 5
Minute 11 Incident begins
Minute 10
Minute 09 Does not display
Minute 08
Minute 07 75 seconds
Minute 06 55 seconds
Minute 05 15 seconds
Minute 04 68 seconds
Minute 03 45 seconds
Minute 02 25 seconds
Minute 01 55 seconds

Hour 4
Minute 59 40 seconds
Minute 58 15 seconds
Minute 59 Displays again / 40 seconds / Different content
Minute 57 85 seconds
Minute 56 70 seconds
Minute 55 25 seconds
Minute 54 55 seconds
Minute 53 23 seconds
Minute 52 95 seconds
Minute 51 Does not display
Minute 50 80 seconds
Minute 49 40 seconds
Minute 48 40 seconds
Minute 47 55 seconds
Minute 46 40 seconds
Minute 45 Does not display
Minute 44 25 seconds
Minute 43 55 seconds
Minute 42 25 seconds
Minute 41 Incident ends


Weston’s criminal and conspiratorial treatment by Nevada and federal employees will be brought to the attention of the Nevada Supreme Court, all members of the state legislature, and all members of Nevada’s congressional delegation.


Google “Abuses by the Federal Bureau of Investigation”
Think our national police force can be trusted? Truth is, it has a record of running amok.
We need a national referendum to abolish the FBI. Police powers should only be
entrusted to persons having sterling integrity and a sense of mission.


July 2012 updates continued – Mike Weston story – NHP now admits to editing dash cam audio/video

The Nevada ANTI-Corruption movement continues.  We are starting to have success and we’re seeing positive results of our efforts.  In June 2012, Mike Weston filed a Motion to Vacate his wrongful conviction of obstruction/delay based on NJCRCP 60 (b) fraud. As of July 2012, the State of Nevada via Reno/Washoe District Attorney Dick Gammick now admits the Nevada Highway Patrol dash-cam audio/video was in fact edited as Mike Weston has been complaining about. However, they claim it is not misconduct or fraud. The State missed its filing deadline and filed a late answer that basically concedes to Mike Weston’s requested relief of vacating the conviction, expunging his record and reimbursement of fines, fees, costs, etc.

A decision is expected soon by the Reno Justice Court Judge Patricia Lynch.  Mike has also requested the court to report DA Dick Gammick to the “appropriate authorities” for the fraud and Brady Disclosure ( See Brady v. Maryland, 373 U.S. 83 (1963) violations of evidence tampering to withholding exculpatory evidence 

The Supreme Court held that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment”; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals’ ruling was affirmed.

Deleting portions of a video and leaving a time stamp to reflect such was done is not misconduct, let alone fraud.” (Emphasis added).

[t]he State would not oppose the sealing of defendant’s record. Thus, if the relief granted is limited to that requested by the defendant, namely vacating his conviction and retuning fines and fees paid by the defendant without findings of fact or conclusions of law, the State would not oppose such relief.” (Emphasis added).

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

Nevada Highway Patrol protests

DA DICK GAMMICK AND NEVADA GOVERNOR BRIAN SANDOVAL

DA DICK GAMMICK AND NEVADA GOVERNOR BRIAN SANDOVAL

DICK GAMMICK

DICK GAMMICK

DICK GAMMICK

DICK GAMMICK

Nevada Highway Patrol protests DA DICK GAMMICK AND AG MASTO

Nevada Highway Patrol protests DA DICK GAMMICK AND AG MASTO

Reno DA Dick Gammick ANTI-CORRUPTION protest

Reno DA Dick Gammick ANTI-CORRUPTION protest