ALLEGATIONS

ALLEGATIONS

 
I- AT TRIAL THE TWO LEAD and SENIOR OFFICERS ALEXANDER and RIGBY LIED TO THE JURY: About the how and whys they always do these type-of warrants   (See Exhibit 5a, page 7) For what the two lead officers tell the jury  -  (1)- “That they ALWAYS identify themselves always have, NEVER HAVEN’T” [identified themselves].  (2)- That it’s done [they always identify themselves] for the safety of the officers and the occupants.  Both of these statements/testimony by both of these lead officers to the jury are straight perjury[1] for the sole purpose of obstructing [the truth]/ justice, and denying me a fair trial.[2]  Straight Bullshit[3]. (See what Rigby swore under oath to a Fifth Circuit Court Judge.  And what the Court said in White Buck, Miller and Rosenbaum.   

For this and other local no-knock warrants:  (See Exhibits 1, 6 & 2 for how they are done.  And further supported by Exhibits 3 & 4 in this case/ the truth of this night) There is and was NO “Officer Identification” that night/in this case, or other cases of this nature.  I was justified with my fears, concerns and in fact acted in defense of my life, myself and my home.   -(See the applicable case law police and prosector misconduct and the knowing use of false evidence, new evidence and if the prosecutor misstates the law [and/or failure to check/verify the law] and when a evidentiary hearing is required also see ineffetive assistance of counsel and consciousness of guilt)-

 

II-THIS ALLEGED ANNOUNCEMENT (they are claiming and also need for this conviction):  That is constantly and continually changing depending on to whom and/or when it’s made[4].     WAS NEVER MADE  (See all the above Exhibits 1, 6, 2 and 3 & 4, in Allegation I)

(See Exhibit 5, pages 11-12 )  Each of these officers are on record with 3 or 4 different accountings each, of this “officer identification”.  Although at trial most of them testify that almost all identified themselves as “Sheriff’s Office” (once or) twice and mostly simultaneous with the two kicks.  Why then all the inconsistencies?  Why all the changes with every retelling if there was one?  Because there never was one made.  (See all above Exhibits) 

 

III- NO ONE OUTSIDE THAT CLIQUE OF COPS HEARD “THEIR ANNOUNCEMENT/ “this officer identification” they are claiming.  (See Exhibit 3):   -Why?  -Because there was none.  (Doesn’t this seem strange to anyone else?  Seven cops [that need it for a conviction] hear it (and all hear it different)[5].  But five nearby [neutral] witnesses do not hear any shouting until after the shots.)                                                                                    -(see the applicable case law- newly discovered evidence (corroborating defendants testimony or pivotal to jury’s decision)  where the submission of written affidavits raises genuine issues of material facts, if there could be the possibility of a miscarriage of justice, in the interest of justice, a colorable showing of factual innocence, and where the testimonial evidece doesn't match the actual/physical evidenc and where an evidentiary hearing is required)-

 

IV- THEY SUPPRESSED WITNESSES AND EVIDENCE:  (Also Exhibit 3)   Only one person out of all these outside witnesses was interviewed that night, S. Becerra; none of her houseguests, no other nearby neighbors.  The fact is that once that independent/ (not a cop) witness gave her statement, with the “shouting after the shots/ NO prior yelling to the shots.  No other “civilians” were asked a thing, not even their names for later follow-up, most were actually and actively chased away.  –WHY?  –Suppression of those witnesses/evidence, and more[6] 

 

V- (EXHIBIT 4)- THE MOST HONEST AND ACCURATE ACCOUNTING OF ANY INCIDENT LIKE THIS[7] IS IN THE EXCITED UTTERANCE &/OR SPONTANEOUS DECLARATIONS: Before the mind has an opportunity to fabricate a falsehood, (or can be influenced by others or other agendas)[8].  (And also, probably in the “slips of the tongue” in describing the event from the minds eye, and before their mind catches on.)  With the most neutral, independent and spontaneous being S. Becerra’s (at page A-41 supra).  And almost verbatim with hers is agent White’s initial AP&P report (page A-40 )[9].  K. Steven’s initial statement (page A-42 ) goes into a lot of detail of where everybody is and what happens, but does not say anything about any yelling or “announcing”.  Until Dent & Potter –then he’s got three announcements in, and he’s working on a fourth one, before the first shot.  (See TR: 115, on page 11)   The truth of this case is here in Exhibits 4, 3, 1 and 6. 

 Also an important Sub Note to all these excited utterances/spontaneous declarations are the ones I made [10]- Also the truth about that night  

 

VI- I’m claiming WITNESS TAMPERING and interfering with an official investigation:  (EXHIBIT 7)[11]

This is, these two top cops/high ranking detectives coming on the scene and saying LIE, we need this “announcement” (and not too much of an investigation under these circumstances, not in this case.)  Even leading by example, look at how many “announcements” they are suggesting and getting out of these subordinates, in Exhibit 7.  Agents White & Bortolussi (page A/B-3) “Both individuals stated that they defiantly heard all parties on the porch yell Sheriffs Office prior to the door being kicked the first time.  And they continued to yell it during the attempts to gain entry.”  Now compare that with all their other reports and testimony (using Exhibit 5, page 11)[12].  See what they got out of officer Judd (page A/B-2)  Just prior to Rigby kicking the door all parties yelled…”  But in Court he testifies (at TR: 131-32) “it’s simultaneous but certainly no prior [yelling].”  But, it’s not only this type of witness tampering, coaching and interfering/ obstructing they did.  All police reports, statements, and the whole investigation started changing as soon as these two detectives showed up on the scene.[13]                           

VII- EXHIBIT 7:  IS THE SMOKING GUN OF THEIR CONSPIRACY, ABUSE OF POWER AND INITIAL INTENTIONS TO LIE/COVER-UP AND OBSTRUCT JUSTICE.  The scariest part being the ease and willingness at which they all do it.  This is a key piece of evidence, the lynch pin to all the other lies/stories/all the inconsistencies and perjuries.  This police report is the clearest proof of their intentions, that night.  It is the smoking gun of when and where their intents to lie, cover-up and obstruct justice begins.  Right from the start and right from the top [two lead detectives] and that investigation-interviews-report  down.  –You can see how fast they all jumped on that “Cop Brotherhood bandwagon”.  Not only in this Dent & Potter report, with their willingness to falsify it.  But, in all their lying[14]  -I want charges brought against these two and anyone else involved in falsifying this report/ official document, as the law requires   -(See the applicable case law police perjury, consciousness of guilt, the possibility of a miscarriage of justice and where)-

Lying, Falsifying official documents and even Perjury doesn’t seem to mean anything to these cops.[15]  Although it does help in setting up not only their Non-credibility as witnesses[16], but it is also showing a conspiracy pattern, [and their “consciousness of guilt”]; this pattern of changes/ lying as a group, and a need to lie and perjure themselves on so many things in this case. 

 

VIII- THERE IS A CLEAR PATTERN OF CONSPIRACY:  (See pages 11 & 12 for this pattern)

First set:  There are NO “officer identificationsor any shouting prior to the shots in any of the initial or Resgestae statements.  Nor are any heard by any not-a-cop/neutral, nearby witnesses                      

                        -Then Dent & Potter show up-[17]

Second set: Dent & Potter are able to extract way moreofficer identifications”/ announcements by more people then any other police report or any other accounting.  -Everyone has “prior” and “continuous announcing”/ with everybody yelling “Sheriff’s Office”. [before the first kick-Just all real Gung Ho!  -A great pep talk and coaching by these two detectives.[18] 

Third set:  (The pep talk still holding up pretty well.)  But an easing off of the amount, and the intensity of their “announcing” in their [individual turned in] police reports.  (But still been talked to/contaminated)

Fourth set:  Come Trial time, it’s almost all “simultaneously” with the first and second kicks.  (Even though one did get busted trying to make his conform[19] and two others had to be told/ reminded what to hear.  And some only hearing one person yell.  (But even this is coupled with all of Steven’s (and J. Prior’s) perjuries, and then all the false testimony on the How and Why’s they always do their No knock search warrant entries.) 

If this kind of plotting/planning by two or more persons, working together for the purpose of defrauding or deceiving for any unlawful act; like the falsifying of official documents, perjury or busted/attempted perjury-lying- to deny any person of a fair Trial does not constitute conspiracy, especially where their stories all change as a group (see pages 11 & 12)  . Then what does constitute conspiracy [to obstruct justice]?

 
 
IX- That officer K. Stevens is a Boldface Liar: that deputy Stevens LIED to the jury on all these other material facts:  From where he gets hit in the face (the right side of his face/closest to the door) with “bullet debris” [20] To where he testified that I never moved, never changed positions or location from the first shot to the last shot [21].  And, that I was crouched down in the dark “right corner” of the room, to the far right in his field vision, over in the corner...” and I was dark and “in the shadows” [and never moved].  (Implying what? That I’m the liar/my testimony of my actions/reactions of fear and movement was false. And what?  A “laying in wait”/ ambush type shooting.)  These, as opposed to his initial statements in (A-42, where he “saw A/P to his Left… by the Kitchen entrance…” and at A/B-5, I was “between the kitchen and living room doorway” [to his Left, the light and “silhouetted”].  Also see Photos part two  Why is he going out of his way to lie/ perjure himself[22] this way? [23]  To counter/ to rebut my [truthful] testimony[24].  Is there anything that this man hasn’t or won’t lie about?   Did the prosecutor ask him to come back in and lie/“rebut” my testimony of what actually occurred, even if it meant lying and contradicting his own earlier statements.  Plus if he is sequestered, how did he know to come back in to rebut my version of events (and forgot about his earlier statements)    -(Again see the applicable case law -police perjury/ the use of false testimony, where the testimonial evidence does not match the actual/physical evidence, and police and prosecutorial misconduct, and questions of material facts)- Plus somebody had to ask him to come back in and LIE                   (The Prosecutor?)                         
 
Although admittedly, this is good, real good: Lying, Government-prosecuting at it’s best.  Make the Truth appear as lies, and clothe your Liars in Government uniforms of Credibility.  –Do your slight of hand/ slight of truth.  Right after some credible/believable [truthful] testimony, the prosecutor goes to his Bull-pen to recruit for rebuttal anyone of his [biggest/best] liars to go in and LIE[25], so that the just given testimony/ the truth appears to be lies, therefore the defendant appears to be the liar (and non-credible) and thus Guilty; like a magician making a coin disappear then pulling it from someone’s ear or smoke and mirrors, a trick, a slight of hand. –Convictions are more important then the truth, justice or a fair trial to him/them, (cops and people like this).  But!  I’m certain that legally and Constitutionally the police and prosecutor are not allowed to lie to, and mislead the jury like this.[26]   -(Again see the applicable case law police perjury/ a conviction obtained through the use of false evidence, and where the testimonial and actual don't match up)-

X- The prosecution through it’s investigator J. Prior lied to the jury about those first two warning shots saying that they at “eye level” and at ones “hair line”, a “head shot” at this point I don’t know if J. Prior was just incompetent, half-assed, and just wrong or like everyone else thus far is intentionally lying and misleading the jury[27] as to the real facts and measurements as shown in P-1 and P 2  these are clearly 2 ½ and 3 feet over the assailants head and still rising over 8 feet up over the porch. 

XI- (With all the police and prosecutorial misconduct out there these days and over the years.)[28] Anytime that there are [credible or long running] claims of police or prosecutorial misconduct especially with claims of actual innocence of said charges, they need to be investigated and even more so then ever all the arguments brought up in Gideon v. Wainwright, in 1963, apply here in the Utah Court of Appeals.  


XII- Their No-knock Forced Entry into my home was unconstitutional under the Fourth Amendment.        This entry was “unreasonable” in my case (and 99% of the time). (See Exhibit 6g)

 

IN SUMMARY:  This conviction was based almost entirely on intentionally false and perjured testimony.  Starting with or when Dent and Potter did their interviews in making that Exhibit 7 Police Report with ALL those “officer identifications”/ witness tampering, leading to all these different “officer identifications”.  Then Sgt. Alexander and Rigby lying to the jury about the hows and whys (Exhibit 5a, page 7) when in reality (See Exhibits 1, 6 & 2 for what they are and how they are done) then (See Exhibit 3 and  Ex. 4)  for how it was done here.  To K. Stevens bold, out-landish perjuries on everything from where I was and what I did, to bullet debris hitting him in the face and him just starting on his fourth “officer identification” (see P 2 ), and J. Priors wrong/false testimony on the first two warning shots (see P-1).  To all these officers lying (and conspiring) about this alleged officer notification  (See Exhibit 3 and  Exhibit 4 and Exhibit 6 for the truth of what happened that night. along with P 2 ) 

And that the jury never got to see or hear almost any of these above facts or these other five nearby [neutral] witnesses that did not hear that alleged announcement, either.  Or, the real, actual practices, realities, or reasons of Dynamic/No-knock, forced-entries  or that they were lied to on several other material facts.  They didn’t get to see the conspiracy pattern (nor have the consciousness of guilt theory explained to them about such lying patterns).  Or that all these officers are on record with 3 or 4 different “announcement” accountings each (and changing it as a group).  Had the jury been given all of this information/truths and evidence, no reasonable mind could have came to any conclusion other then that of not guilty of this charge, beyond any reasonable doubt.           Furthermore a lot of this police perjury and prosecutorial misconduct could have should have been nipped in the bud had trial council fully investigated [the crux of this case] –what is their actual polices, procedures and practices on these type of executions, how did they do their last ten.  That does fall under ineffective assistance of council.  Yes, another of my court claims, ignored ...  But admittedly as soon as Dent and Potter or whoever got there the ‘fix’ was in (a cop got shot)  (but also see case law ignored by the courts in my pursuit of justice, this could have should have been correctrd)   

XIII- Perhaps the worst part, even after gathering ALL this Evidence the Courts have not corrected it.  (Also see Issues raised on Appeal  and case law ignored by the courts).  This Court/Judicial system has allowed it. And all those guilty of falsifying records, witnesses tampering, perjury, lying under oath, and obstructing justice, to run free [and continue these practices] unchallenged. 

Hopefully now, with the Internet some of these injustices, police misconducts, police corruption, Court failures and/or the practices of such cops, courts and prosecutors can be brought to light and not swept under the carpet.  No matter who or where they are.

All I’m requesting is for a fair hearing of, and investigation into these allegations and facts (hopefully with the help of a real attorney). [29]   (And hopefully those that are guilty of perjury, obstruction of justice and/or abuse of power are held accountable for their crimes.)

I don’t claim to be an angel I’ve had my share of ups and downs, faults and follies.  But 17 plus years is a long time to be locked up behind the lies and perjuries of some Dirty Harry-acting, lying cops, trying to cover up their Rambo-style No-knock Forced-Entry/ home invasion that went horribly wrong on them.  And then a Court system that doesn’t seem to care, designed only for attorneys or the rich, and specifically not for any poor Pro Se inmates seeking justice.[30] 

Also see Issues raised on Appeal.  For even a more comprehensive list of issues and arguments presented before the Courts.  And case law ignored by the courtsHow do they not require a new fair Trial or Acquittal? 

 

 

            Thank you                                           Karl Wm. Winsness, 

Formerly USP # 15926

                                                                         


[1] Of the facts and between this Court and their own earlier sworn statements to the Lower Court and Judge, and both the prosecutor and judge have to know this (should know this) It’s their job to know this, on an every day bases (see footnote 3; Exhibits 1 and 6.)

[2] It also shows their ‘Consciousness of Guilt.’ (And also leading/teaching by example and better set the stage for all the other lies and the newer/younger cops testimony behind them.  

[3] See Exhibit 1, cases; and Exhibit 6, affidavits out of the 70’s, 80’s and early 90’s, with one just 9-days before mine. Also see his own sworn affidavit statements about participating in other Warrants where they did NOT give notice (and suspects still attempted to get rid of evidence).

[4] Furthermore these are done as a group/conspiracy; conspiracy to obstruct justice; and also showing their “Consciousness of Guilt”.  (see applicable law 'consciousness of guilt' - inconsistantcies in statements) 

[5] Someone, please answer those questions at the bottom of pages 11 & 12 for me. 

[6] Exhibit 7 police report was also suppressed and withheld prior to my Trial/for six years.  Probably a tape that could have proven my innocence, and their actual policies and procedures to this day, still suppressed/I can’t get them. 

[7] Other then having an actual tape recording of it, which there probably was, at one time before it got suppressed/lost/destroyed.  

[8] Enter detectives Dent & Potter to start your coaching, witness tampering and P. R. work –fix and repair damages.

[9] Where she heard the (kicks and) shots followed by shouting. 

[10] All of my excited utterances/spontaneous declarations were; I was scarred, I didn’t know what was going on, I thought I was being robbed, it was self-defense, I didn’t want to be/get shot --- and that I was sorry if a cop got shot.  See State vs. Castonquay, 663 P.2d 1323 at 1325; for the two pivotal questions/requirements that need answering in the affirmative before an attempted first-degree murder conviction can stand in Utah. 

[11] This Police Report was Withheld Evidence for 6 years.  Defense, the jury nor I got to see it, which at the very least could have been used for Impeachment of these officers and show their lack of honesty and credibility.

[12] How is it these two standing right next to each other and only yards from the others like K. Stevens, all hear this “announcement” so different?  I’d really like someone to address those questions at the bottom of page 12.

[13] No other “not-a-cop” witnesses were interviewed or even asked their names for later follow ups, many of these witnesses were just standing around, one set of three had their car blocked in by all the police cars so they couldn’t leave until almost all the cops and investigators were finished and moved their cars, so that they could leave.

[14] There is a lot of very prejudicial false evidence given to the jury.  Not only about the how and why’s of this search warrant.  But also against/denying my first two warning shots and as to where they actually hit. To all of K. Steven’s stories/ perjuries of debris hitting his face, what he saw and where I was …  All of Steven’s testimony can be proven to be false/Perjured (and intentionally made up to prejudice my case)/to intentionally obstruct justice.  This can also be seen in Bortolusi’s attempt on (pages 8-9) of Exhibit 5 to obstruct the truth/justice. 

[15] Is it just business as usual?  Even expected!  This kind of police/government conduct doesn’t bother any one else?   

[16] Especially in Exhibits 5 (&7) when compared to the actual truths of Exhibits 1, 3, 6 and further supported by 4 & 2.  Not to mention the actions/testimony of J. Prior, Bortolusi and Steven’s.

[17] It’s this kind of quick thinking that made Potter the P. R. man/spokesperson for the S. L. Co. Sheriff’s Office.  That should really inspire trust, confidence, and insure a honest and accurate accounting of how and what that department is doing these days.  

[18] Showing their/these two detectives “Consciousness of Guilt”/ their knowing that there was NO officer identification that night, also.

[19] Bortolusi at (pages 8-9 (TR: 157, 159-60) of Exhibit 5); more proof of conspiracy - who’s talking to who?   What’s going on here?  Why his need to lie? 

[20] How?  Those bullets hit above, behind and all to the left of his face and head.  How is he going to be hit with "bullet debris" on the right side of his face? He’s such a drama queen and a liar!  (just more lies/more everything then anyone else, perfect cop material, I see lead detective in this man’s future, like Dent and Potter - the student will become the teacher )

[21] My photos (along with a couple others) show a lot of movement between the third and fourth shots, and also between the first, third and fourth.  (I’ll make them available to, and even explain them to anyone interested.)

[22] These are clearly lies/perjuries by him of the physical facts/realities, and also with his two earlier statements.  Did he come up with this on his own?  Or did the prosecutor encourage him to make this up/lie about these.  Who initiated this into perjury, and obstruction of justice?    -Someone needs to be held accountable for this perjury, abuse of power and intentional obstruction of justice. 

[23] To better obstruct justice?  To better ingratiate himself as a good-lying stand-up cop?  This can also be seen in his testimony about the “bullet-debris” hitting him on the right side of his face/closest to the door.  How?   See P 2

[24] Of me grabbing my gun [after the first kick and the glimpse of those two], firing two warning shots [because he and his gun was entering my home], the pause, then because of his continued attack/lack of retreat, I fired two more unaimed-cover-fire shots while in retreat and in real serious panic by now, because I didn’t want to have to shoot  anyone.  I’m retreating, backing away from this deadly confrontation (back through my kitchen doorway), I didn’t want to get shot, nor did I want to have to shoot anyone.    

[25] This one, definitely this one-  See all the physical evidence (photos) and his earlier statements.  How can this be anything   but the very worst kind of perjury and obstruction? 

[26] Specifically under Napue v. Illinois, 360 US 264, “Giglio”, “Bagely”, “Agurrs”, 427 US at 103, (Utah cases; St. v. Jurrell, 608 P.2d 224-5, Walker v. St., 624 P.2d 667) also see Bergur v. US, 295 US 78, 88, Mahorny v. Wallman, 917 F.2d 469, Santan-Camacho, 833 F.2d 373-4 all mandate a reversal in this case

[27] I guess the only way to know is if he got fired or continued to rise up in the ranks – if he got fired he was incompetent if not and rose up in the ranks he was a ‘stand up cop’

[28] Like a prosecutor putting red paint on some under pants then telling the jury that it’s the defendants blood, to get a conviction or police planting a gun on someone after shooting them.

[29] I mean we don’t live in some Country where the “State” can/will kick in doors, falsify official documents, hide/ withhold and suppress evidence, even chase off witnesses it doesn’t want.  Where Government Officials are allowed to lie/perjure and fix trials as they see fit/ to obtain criminal convictions by any means they want.  And then deny real and meaningful appeal/ access of redressing those government wrongs (by any number of means).  Don’t we as Americans look down on and actually detest those Countries?

[30] Seriously - How much more proof of corruption, conspiracy with intent to obstruct justice, no confidence in a verdict, miscarriage of justice does one need to prove?  Past that of K. Steven, Bortolusi  along with pages 11-12 coupled with Dent & Potter [and all] in Exhibit 7, along with Alexander & Rigby actions in Exhibit 5?   With all of my allegations and claims being fully supported by Exhibits 3, 4, 6, 1 and photos.

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