Main Points

Point One: The police Lied and intentionally gave False/ Perjured testimony in an effort to obstruct justice and thus violated my Civil rights.
Specifically: 

Sgt. Alexander and Rigby lied to the jury (see Exhibit 5a/ page 7) as to the whys and how they always do these type-of police actions(1) . –In an effort to setup the even bigger lie/PERJUY that there was an “officer identification/notification” that night. (See Exhibits 1,2,3,4 and 6)

K. Stevens, lied -Perjured testimony (from the truth and form his earlier police report statements (made in Exhibit 4c/ A-42 and Exhibit 7 A/B-5) of me being on his LEFT [by lighted kitchen, and actually the truth]) (as shown in Photos, P-2 that I was on his left).  When he came back in to rebut my testimony, where he perjured-testifiedof me being crouched down over in the dark right corner(2), and that I never moved or changed locations during the shooting. Along with all his other made up, false/ perjured testimony of Bullet Debris hitting him in the face (right side/side closest to the door). How? When all shots hit on and to his LEFT, (behind-left, above-left, and way, way left of him) (see P-2)  -All this highly prejudicial bullshit/perjury in an effort to ensure this conviction. (Again the worst kind of police misconduct/police brutality, suppressing the truth and lying to obtain a false conviction, taking away 20 years of a mans life.)

The police investigator J. Prior gave wrong/False/ testimony to the jury in regards to my first two warning shots, calling them headshots at “eye level” and “at hairline”. (As shown in Photos, P-1 and P-2) This is wrong, false and probably perjured testimony(3) . 

-The record on the whole is going to show: 
All these officers/State’s witnesses Intentionally Lied and Conspired to Obstruct/ Miscarriage Justice in this case.(4)  (as you read through this whole thing)                 (Then see the applicable case law  a conviction obtained through the use of false evidence, known to be false [or should have known to be false] by such representatives of the state, must fall… The same if it allows it to go uncorrected when it appears [and/or on misstatements of the law] also where the submission of written affidavits raises genuine issues of material facts)-

Point TwoProsecutorial Misconduct.
The prosecutor had to know that Alexander & Rigby was lying to the jury about how they always do this type of operation/execution. He knew they were lying when they said why they always do it that way –for Safety reasons/ it’s Safer for the officers (and all parties) if we do give notice of authority/ “protecting ourselves” and others. “We always have”, "always do give notice" (but see Exhibit 1, 2 and Exhibit 6) He the prosecutor Marty Verhoef knew that these were lies and he had a duty to correct them.(see Exhibits 1, 2, 6 supported by Ex,5 11-12 (and Exhibits 3 and 4
)) 

He had to know that there was No “officer identification”/ that night. Not only because of his experience as a “State’s” attorney, working in, with and around the Courts, dealing with No-Knock/ No announce warrants all the time (the information and  applications for/‘affidavits for’ and the issuance of these No-KnockNo  announce warrants). But he also had to know because of the cops constantly changing accounts of when this “officer identification” was supposedly given. Twice he had to lead and tell officers to include it into their testimony, when they were recalling and describing from their minds eye of what happened/slips of the tongue. Then there is Bortolucci’s flagrant [and busted] perjury in Exhibit 5b; where he tries to get in his “two announcements”, with at least one of them being “simultaneous”. -Who told him to [lie]/get in those two announcements?  (And then there is that Exhibit 7 police report -where everyone has 6 or more “announcements”, with everyone yelling before the first kick and continued yelling “sheriff’s office” through out the whole operation). 
But, even if he claims stupidity/that he didn’t know how these No-knock  opperations work -even though Buck(5) was an active case.  He still had a duty to seek out the truth, the facts, and this knowledge before presenting it to the jury
But instead he goes out of his way to capitalize on all this perjured testimony that he knows to be false/ perjured. And even goes on, himself misstating facts, and laws himself. -(See the applicable case law - the prosecution is required to check/verify certain evidence  … to do other wise would be inviting and placing a premium on conduct unworthy of [the State]))-
He also had to know that officer Steven’s was lying when he/Steven’s came back in and told the jury that I was over in the “dark” “right side”/ right corner of the room  (and never moved). He had Steven’s two earlier statements of me being on his left [and silhouetted by the kitchen entrance in Exhibit 7, A/B5].  (And also how or why did he come back in to lie/make all this stuff up - who told him or asked him to?)                        -(See the applicable case law – a conviction obtained through the use of false evidence
)-

Point Three: The State’s Suppression of [Exculpatory] Evidence (Witnesses).
The police actively chased away numerous witnesses (specifically Exhibits 3d/N-2 and Ex.3e/N-4) that night that could have helped me.(6) 
Helped prove that my actions were legal and justifiable under those circumstances and help prove that these cops did in fact lie to the jury in that Courtroom.

So why did the police stop investigating this incident?  stop asking any/all other nearby neighbors or witnesses what they heard or saw that night. After that first Not-a-Cop/ neutral witness said that she heard the [kicks and] “shots followed by some shouting"(7). They didn’t take any more names, statements, or vehicle plate numbers, for latter follow-ups, nothing.  Because they only wanted those "cop" statements/ lies, not the truth.
Thus at least passively suppressing all this other nearby exculpatory evidence/ witnesses (of no one outside that clique of cops hearing any shouting until after the shots)-(And maybe active suppression: according to (Chapter 13; 3-13-06.2; policies and procedures) there should have been an actual tape recording of that event, that would have verified my and all other nearby witnesses accounting of there not being any “officer notification” prior to me shooting in self-defense of myself and my home that night.  And would have shown that this Forced Entry No-knock warrant was executed just as they asked for (and then ordered to do it) in Exhibit 2 and as shown and done through out all of Exhibits 1 & 6And thus proving my actual, factual innocence of this charge. 
 
This no-more-investigating/[passive] suppression of witnesses and evidence (this no more asking any nearby witnesses for their names or for what they may of heard or seen that night) seems to coincide with the arrival of Dent & Potter.

Point four: Dent & Potter, These two high ranking detectives comes on the scene and start telling all these lower level cops that they need to have identified themselves or they weren’t going to have a case. So Exhibit 7 police report is full of “officer identifications/ notifications” with everyone yelling and shouting before the first kick and continually keep yelling it through out the whole operation-It’s over kill - there is way, way more “announcements” here then anywhere else(8). This is a completely false police report none of the statements in it matches up with any sworn Court testimony or witness accounting(9). It is the smoking gun of when and where their intentions to obstruct justice begins. Starting right there, that night and with those two detectives. 
This ‘Dent & Potter Police Report’ (Exhibit 7) was suppressed from me for six years.  Because it shows exactly where this whole cover-up and obstruction of justice begins With its witness tampering: their first [big] initial lies/ ‘consciousness of guilt’ and their first written intentions to obstruct justice/ miscarry justice, with these statements and this report.                                     

-In fact all my Exhibits 1 through 7, and my P-1 and P- 2, pictures will show that these officers/ representatives of the State [acting under color of law] were lying, and did conspire to obstruct justice for their own ends.  -(Again see the applicable case law – Habeas is the appropriate method for Perjured testimony; where the submission of written affidavits raises genuine issues of material facts; If there is or even could be the possibility of a miscarriage of justice/ in the interest of justice, requires a new trial; [petitioner] only needs a colorable showing of factual innocence.  As a safeguard against compelling an innocent person to suffer a unconstitutional loss of liberty … an innocent  person retains a  powerful and legitimate interest in obtaining justice/his release)-

This changing story as a group; the lying/inconsistencies all changing together as a group, in that conspiracy pattern;                                      from noneNO announcements in any initial statements (Exhibit 4(10), also see Exhibit 3) to all those “officer identifications” in Exhibit 7, to their mostly “two simultaneously” in the Courtroom (along with Bortolussi’s flagrant and busted perjury attempt on page 8 of Exhibit 5). Just that whole pattern of them lying together as a groupconspiracyand with NO one outside that clique of officers hearing that alleged officer notification, even this “officer identification” is against all the evidence presented in Exhibits 1, 2, 3, 4 and 6. (See Exhibit 5e page 11 for all these officer inconsistencies and for the other nearby, neutral witnesses statments) 
see Exhibits 3  Exhibit 4 and Exhibits 1  and Exhibit 6 
for the truth.
 
Point five:  Meaningful access to the Courts/Justice.   How or why with this much NEW and old evidence of a possible/probable miscarriage of justice and the support of these case laws.  I could never get a new trial, a evidentiary hearing/retrial or justice?  How with this much NEW and old evidence of police [and prosecutorial] misconducts/ lying and PERJURY, I could not get a evidentiary hearing, new trial or any kind of justice?  How with this much evidence of ineffective assistance of counsel (provable-falsehoods/perjuries) allowed by him and other incompetence I could not win on ineffective assistance of counsel? 
Just the NEW evidence alone required a new trial at least an evidentuary hearing(Again see the ignored applicable case law)-  (in part see C. J. Mike and C. E. Gideon)(11)  But mostly the Courts just ignore inmate attorneys.  

PIONT SIX:  Was this Violent No-knock/No announce break-in even necessary let alone “reasonable”[Under the Fourth Amendment]?(12)  -I was buying that house/my Home, been there for 12 years, lived here my whole life, kids and family here, working ten hours a day, (driving with no drivers license), been in trouble with the law before, (always paid my fines, dues and time).  And in his Affidavit, he says that they had made at least one ‘buy’ (so make 3 or 4), ‘Sells’ is a more serious crime then ‘Possession’ where is the “reasonableness” in this dangerous practice, to [hopefully] get a lesser included charge of possession instead of the Sells.  No, it’s to Dominate! And Punish.(13)   (See all of Exhibit 6 and specifically Exhibit 6g)  And also, why turn any good cops into lying/bad cops Ex 6f and Ex 5a and 5b and Ex 7 and P2  (14)  



Footnotes------------------------------------------

 

1- At the very least it's PERJURY between this Court and the Court issuing the search warrant (see Exhibit 2 Affidavit)

 

2- Trying to make me look like I'm the liar/lying/ and thus guilty. When he is!  See Part two of P-2 

 

3- Again not only giving the appearance that I’m lying, but also that of guilt and “intent” when in fact it is wrong, he is lying, giving damaging, false/perjured testimony.
 
4- Straight police misconduct/corruption. -LA, Rampart Division, wrongful conviction style; Rodney King beating but in the Courtroom; New York toilet plunger handle up the anis style of Courtroom testimony/action. As shown by all the above, like Bortolussi’s flagrant but busted perjury attempt on page 8 of Exhibit 5 and that whole pattern of their lying/lying as a groupwith NO one outside that clique of officers hearing that alleged officer notification even this “officer identification” is against the weight of the evidence in Exhibits 1, 2, 3, 4 and 6.
 
5- ‘Buck was an active case, with the State arguing hard that Brown thought and assumed that he had a No-knock/no announce warrant and then acted accordingly (executing it in that No-knock/No-announce style (see Exhibit 1). Also just the fact that the police do consistently ask for and/or argue for the need Not to give notice. And in my case even more so with 'my past' all the reasons not to have to give notice. Also in this case, all the inconsistencies and contradictions of the officers to and with each other, and with the truth, reality and the legislative intent of 77-23-10.2 as he knows it to be.
 
6- (See Exhibit 3 supported by Exhibits 1,2 4 and 6). – There was No officer identification that night. The worst kind of police misconduct, suppressing the truth/evidence/witnesses and then lying to obtain a false conviction. 
 
7- See Exhibit 4 S. Becerra’s, excited utterance statement, and even agent White’s initial report, (see all Exhibit 4 excited utterances and Exhibit 3). –No announcements, or shouting no identifying of themselves.
 
8- Thus showing not only their lack of credibility, honesty and integrity as men and witnesses but also their corruptibility. -Why all this heavy duty lying/witness tampering? Consciousness of guilt.  Because there was no “officer notification” and thus no crime/ I acted justifiable to a violent, armed attack, within my own home. 
 
9- It is straight Bullshit! It doesn’t match up with any of the cases, or sworn statements in Exhibits 1through 6. It doesn’t match up with their earlier statements, affidavit to the lower court or it’s order. It doesn’t match up with their-own sworn Trial Court testimony. –Because There was NO officer identification/ “announcements” that night, at least not until these two detectives showed up.
 
10- Nor was there any shouting or announcing heard by any outside, impartial, neutral, witnesses.
 
11- See Gideon v Wainwright/ Gideon's Trunpet

12- Under the Fourth Amendment; the right for one to be secure in their persons and homes ... against unreasonable searches and seizures ... and/or 'Excessive Force'  or (possibly the Eighth, for punishing 'addicts' or anyone to a possible death sentence (Robinson v Cal. 370 US 660) for maybe nothing or minor possession)

13- Not unlike the hard-core rapist; it's not the sex [or the arrest] as much as the Power, hate, to Dominate or to punish 'the thrill' of that Power.

14- Certainly drug use and/or addiction is a crime and not a good thing (but can happen even to or with good people) But Violent Assaults, falsifying official documents, Perjury, Obstruction of Justice, knowingly/ intentionally trying to send a person to prison for life, for a crime they did not commit, how do you justify that? 
 
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