Tuesday, March 29, 2016

Corruption and misuse of public office are twin sisters!

kenneth ditkowsky

5:37 PM (12 hours ago)
to Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, KRISTI, Jay, Rosanna, Lanre
Corruption and misuse of public office are twin sisters!    How do you stop gadflies from exposing the rot of public corruption and abuse -- intimidate them - arrest them on bogus charges!    17 year old ex-parte charges are the best kind!   Not only is defending them near impossible, but official perjury is a recognized prosecution tool.    

This is North Korean stuff!   

Add this to the other indignities that Tim has had to endure from these people and we have a human rights violation of major proportions.   

----- Forwarded Message -----
From: Janet Phelan <writejanet@live.com>
To: "katherinehine@yahoo.com" <katherinehine@yahoo.com>; kenneth ditkowsky <kenditkowsky@yahoo.com>; Janet Claire <writejanet@live.com> 
Sent: Monday, March 28, 2016 3:21 PM
Subject: FW: Media contact

Here ya go....

From: police@goshencity.com
To: writejanet@live.com
Subject: RE: Media contact
Date: Mon, 28 Mar 2016 20:19:23 +0000

Ms. Phelan,
Mr. Lahrman was originally arrested on the charges on April 2, 1999.  He failed to appear and was found guilty in abstentia.  A warrant was issued for his arrest.  The warrants were updated in city court in 2010 at which time the warrant for his arrest was re-issued.  He was arrested on that warrant on 3/18/2016.  He will be held in the Elkhart County Jail until his court date April 11th, 2016.
That is the extent of the information we possess in this incident.
Thank you,
Tina Kingsbury
Administrative Assistant/PIO
Goshen Police Department
111 E Jefferson Street
Goshen, IN 46528
From: Janet Phelan [mailto:writejanet@live.com] 
Sent: Monday, March 28, 2016 4:02 PM
To: police; Janet Claire
Subject: RE: Media contact
Thank you for your prompt reply.
He was arrested then on a six year old warrant?
I do need that clarification. I would also appreciate any and all discloseable documents relevant to his arrest. You can consider this a public records act request.
Thank you very much,
Janet Phelan
New Eastern Outlook

From: police@goshencity.com
To: writejanet@live.com
Subject: RE: Media contact
Date: Mon, 28 Mar 2016 19:58:40 +0000
Ms. Phelan,
Please forward your questions to this this email address.  It is the required method of media correspondence per department policy.  If the arrest to which you are referring is the Warrant arrest of Mr. Lahrman on March 18th, he was arrested on a Goshen City warrant issued in 2010 for Failure to appear of Charges of Possession of Marijuana and Driving While Suspended with a prior conviction.
If you have additional questions, please let me know.
Thank you
Tina Kingsbury
Administrative Assistant/PIO
Goshen Police Department
111 E Jefferson Street
Goshen, IN 46528
From: Janet Phelan [mailto:writejanet@live.com] 
Sent: Monday, March 28, 2016 3:47 PM
To: police; Janet Claire
Subject: Media contact
I am a reporter with New Eastern Outlook and am contacting you relevant to the recent arrest of Timothy Lahrman. I have a number of questions regarding the charges and look forward to your prompt reply. Please call me at 541 708-3534
Janet Phelan
New Eastern Outlook

Rosanna Miller

6:05 PM (11 hours ago)
to Cynthia, kenneth, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, KRISTI, Jay
Well they are "DISCLOSED" when you pick somebody up on a warrant. Wouldn't one think a warrant was considered "PUBLIC RECORDS" if it is being used to KIDNAP you????? Or is kidnap a secret now?
The REAL problem is it was ORIGINALLY issued in 1999. BUT it was UPDATED and REISSUED in 2010.. Now someone tell me when does a warrant EXPIRE and then get reissued to be good again? So is the statute of limitations on the validity of a warrant 10 YEARS???? (Actually I was told it was 6 months). AND if it was "updated and reissued in 2010" is it still good now???? AND if it is only good for 6 months then there was no existing warrant from 2000 till 2010???? Isn't there something called estoppels and "hey you snooze you lose"???
This is some crazy shit going on....
check this case out......
Rosanna Miller interview from 7/23/15

Sent: Monday, March 28, 2016 6:37 PM
Subject: Civil Rights violation, misuse of public office, retaliation, intimidation, abuse, exploitation

kenneth ditkowsky

7:36 PM (10 hours ago)
to tinakingsbury, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, KRISTI, Jay
This is not a complicated case  - some clouted political figure wanted to shut Tim up - ergo, he went to other corrupt officials and they dreamed this guise up.  They figured that all the local lawyers would be intimidated and not take the case, and thus they were a law onto themselves.

What they did not figure on was the fact that this is another case the we can rally behind.   Years prior the same tactic was used to declare Tim incompetent - of course he was not incompetent, but it was the easiest way to steal his business!     What the miscreants have not figured on was that you and I and everyone in sight is going to raise a hue and cry and demand HONEST INVESTIGATIONS.  

Mr. Big in Goshen, Indiana cannot intimidate Illinois Ohio Florida, New York, California **** citizens who now want a piece of him - whoever he is.   It is time that he realize that her America we still have  EQUAL RIGHTS BEFORE THE LAW.

Rosanna - the case you cite is quite clear   The Court that issued the warrant lacked jurisdiction and thus every action taken is illegal.   The Court warrant is void.  The incarceration is void, and everyone involved pursuant to 18 UsCA 371 has joint and several liability.

As I said before - this is no game - lives are at stake and the arrest of Tim is not only wrongful but it could constitute a FELONY.     Even in Indiana American's do not take kindly to the strong arm tactics that is illustrated by this outrage that Tim has had to endure.

From: Rosanna Miller <prov2828@hotmail.com>
To: kenneth ditkowsky <kenditkowsky@yahoo.com>; Sent: Monday, March 28, 2016 6:05 PM
Subject: Re: Civil Rights violation, misuse of public office, retaliation, intimidation, abuse, exploitation

Candice Schwager candiceschwager@icloud.com

9:55 PM (8 hours ago)
to kenneth, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, Kris, Jay
Below is a summary of the statute of limitation periods for criminal cases in Indiana. Statutes of limitations set forth the time period within which the state must commence a case for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

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Ind. Code Ann. 35-41-4-2
Class A felony: no statute of limitations
Murder: no statute of limitations
Class B, Class C, or Class D felony:  within 5 years after the offense
Class B or Class C felony if DNA evidence is used: within 1 year after the offender is identified or should have been identified through DNA evidence
Misdemeanor: within 2 years after the offense
Child molesting, vicarious sexual gratification, child solicitation, child seduction, incest: before the alleged victim turns 31
Forgery of an instrument: within 5 years after the maturity of the instrument

Candice Schwager candiceschwager@icloud.com

10:00 PM (7 hours ago)
to kenneth, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, Kris, Jay

Marijuana, Hash Oil, Hashish, Salvia, or Synthetic Cannabinoid

The possession of CDS under this paragraph is either a Class A misdemeanor or Class D felony.
Class A misdemeanor. The possession of marijuana, hash oil, hashish, salvia, or synthetic cannabinoid is a Class A misdemeanor if:
  • the possession was intentional
  • the defendant intentionally grows or cultivates marijuana, or
  • the defendant knows that marijuana is being grown on the defendant’s property and fails to destroy the plants.
A Class A misdemeanor is punishable by a period of incarceration of up to one year and a fine of up to $5,000.

Candice Schwager candiceschwager@icloud.com

10:02 PM (7 hours ago)
to kenneth, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, Kris, Jay
Not every defendant who faces criminal charges will proceed to trial or a plea. Many cases end up being dismissed, by the prosecutor or the court. The first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial. Some grounds for dismissal include:

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  • lack of probable cause to arrest
  • an improper criminal complaint or charging document
  • an illegal stop or search
  • lack of evidence to prove the defendant committed the crime
  • an unavailable witness who is necessary to prove defendant committed the crime, and
  • loss of evidence necessary to prove defendant committed the crime.
Occasionally, cases are dismissed after the defendant has gone to trial, lost, and won an appeal. For information on post-conviction dismissals, see Getting a Case Dismissed After Conviction.

    No Probable Cause to Arrest

    In order to arrest a person, police must have probable cause to believe that the person committed a crime. A police officer cannot arrest a person simply because he has a gut feeling that the person just robbed the liquor store down the street. The officer must have a reasonable belief based on objective factual circumstances that the person robbed the store. For instance, after the liquor store robbery, an eye witness to the robbery describes the robber to the police officer as a person wearing a red jacket with a dragon emblem and boots and carrying a knife with a long blade and a black handle. If the officer sees a person matching that description hiding in a doorway down the street, he likely has probable cause to arrest.
    If the officer arrested a person hiding in a doorway near the liquor store without any physical description from a witness or other basis for concluding that the person committed the crime, the officer made the arrest without probable cause and the charges may be dismissed. If, however, the prosecutor obtains other substantial evidence that tends to prove that the defendant robbed the store, the prosecutor can re-file the charges or possibly even avoid a dismissal. For more information on probable cause to arrest, see When the Police Can Make an Arrest: Probable Cause.

    Mistake in Criminal Complaint

    When a law enforcement officer writes a criminal complaint or charging document, the officer must sign the document under oath, attesting to the truthfulness of the contents. State and local law direct what information a complaint or charging document must contain. If the complaint does not comport with state or local law because of a significant error or omission, the prosecutor cannot simply edit the document by hand and submit it to the court. The officer who wrote and signed the complaint, under oath, must make those changes. If the officer retires or leaves his job before the error is discovered or is unavailable for some other reason and no other officer was involved in the case, the prosecutor may have to dismiss the complaint.

    Illegal Stop or Search

    A law enforcement officer can stop a vehicle or a person on the street under only certain circumstances, such as if the driver is speeding or violating other traffic laws or the police officer reasonably suspects a crime is being committed. If an officer randomly stops a person or a car or makes the stop because a person in a car is African-American or looks Middle Eastern, the stop is illegal and violates the person’s constitutional rights.
    Police can search a person, a car, or house only if they have a search warrant or, without a warrant, under certain circumstances. Police can search a person, for example, after arresting the person for a crime or if an officer has a reasonable belief that the person is carrying a deadly weapon. Police can search a car without a warrant after arresting a driver for driving while intoxicated or other crime. Police can enter a house without a warrant in an emergency, such as after hearing shots being fired in the house.
    If police conduct a search without a warrant and no special circumstances permitted the search, no evidence gathered in the search can be used against the defendant. If the court finds that a stop or search was illegal and the evidence is inadmissible, the defense can request that the case be dismissed on the grounds that the prosecution has no evidence to prove the charges against the defendant. For more information on illegal stops and searches, see Understanding Search and Seizure Law and Search Warrants: What They Are and When They Are Necessary.

    Insufficient Evidence

    If a defendant is arrested and charges are pending against him, the prosecutor must present the case to a grand jury or a judge and show that the prosecution has enough evidence to establish probable cause to believe the defendant committed a crime. As with arrests, the evidence must show an objective, factual basis for believing that the defendant committed the crime. If the grand jury or the judge do not find probable cause, then the charges must be dismissed. when prosecutors have very limited evidence against a defendant in a criminal case, they may conclude that they do not have enough evidence to move forward in the case and dismiss the charges on their own.

    Unavailable Witness or Lost Evidence

    If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt. In some cases, physical evidence is so important that, without it, the prosecutor cannot prove the case. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony may incriminate him, in that it shows that he also committed a crime), the prosecutor may not have enough evidence without the witness’ testimony.
    Some cases also hinge on a witness being able to identify the defendant as the person who committed the crime. Without the identification, the other evidence might not be strong enough to get a conviction. If a witness realizes after first identifying the defendant that he or she is unsure and not able to to identify the defendant at trial, the prosecutor might decide that, without the witness identification, there is not enough evidence to win at trial and a dismissal is in order.
    In some cases, the defense will challenge the procedure police used to obtain the witness' identification of the defendant by challenging the way the police conducted a line-up or raising other issues with the witness identification process. If the judge finds the police conducted a line-up or other identification process improperly, the judge may not allow the witness to identify the defendant at trial.

    Prosecutor’s Discretion

    On rare occasions, a prosecutor might agree to dismiss criminal charges where there are extenuating circumstances. For instance, a prosecutor might dismiss a minor charge (like a misdemeanor charge for trespassing or loitering) if the defendant has a clean record and perhaps there are questions about the facts (did a police officer overreach in filing criminal charges rather than clearing an area of rowdy teenagers or partying adults?). Prosecutors can dismiss charges “without prejudice,” which allows the prosecutor to re-file the case at a later date within a certain time period. A prosecutor might agree to dismiss a minor charge as long as the defendant does not pick up any new charges or get into any trouble within one year. If the defendant does get arrested again, the prosecutor can re-file the original charges.
    In very rare circumstances, if a victim requests that charges be dismissed, a prosecutor may agree to do so. Normally, the victim of a crime does not have the power to control whether a criminal case moves forward. It is the state or government that “presses charges” and the victim cannot decide “not to press charges.” However, a prosecutor has discretion to consider what constitutes justice in a case and the prosecutor is required to do what is just in criminal cases. This means that a prosecutor might decide to dismiss a sexual assault case at the victim’s request because testifying at trial would cause the victim such emotional harm that the long term effects would be more devastating than the rape itself.
    For more information on pressing charges, see Pressing Charges for a Criminal Act.

    On Mar 28, 2016, at 9:55 PM, Candice Schwager <candiceschwager@icloud.com> wrote:

    [Message clipped]  View entire message

    Candice Schwager candiceschwager@icloud.com

    10:07 PM (7 hours ago)
    to kenneth, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, Kris, Jay
    The Fourth Amendment to the United States Constitution protects us from "unreasonable" arrests, but what that means exactly depends on understanding and applying many rules developed by Congress and state legislators, as interpreted by federal and state courts.
    Learn about the procedures that police must follow in order to make a legal arrest, and what happens to your case if the arrest is not legal.

    Candice Schwager candiceschwager@icloud.com

    10:26 PM (7 hours ago)
    to kenneth, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, Kris, Jay
    Arizona but common sense
    13-4502Effect of incompetency
    A. A person shall not be tried, convicted, sentenced or punished for an offense if the court determines that the person is incompetent to stand trial.
    B. The prosecutor or defense attorney may file any pretrial motion at any time while the defendant is incompetent to stand trial. The court shall hear and decide any issue presented by the motion if the defendant's presence is not essential for a fair hearing as determined by the court.
    The Court says police must follow the Fourth Amendment -- or have any evidence they find excluded from trial.
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

    kenneth ditkowsky

    5:53 AM (6 minutes ago)
    to Candice, Rosanna, Eric, FBI-, Chicago, Tim, me, JoAnne, Bev, Janet, Nasga, newseditors, Ditkowsky, FOX, Chicago, Matt, ISBA, ABAJournal.com, SUNTIMES, Glenda, Candice, Fiduciary, Diane, Kris, Jay
    It is looking more and more like INTENTIONAL CIVIL RIGHTS VIOLATIONS.

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