Government Violates My Civil / Constitutional Rights and Tears My Ocean Beach Family Apart

by on November 11, 2011 · 56 comments

in Civil Rights, Ocean Beach, Popular, San Diego

Larissa Danielli and her son

My name is Larissa Danielli. I am a mother, a voter, a taxpayer, a business owner and a medical marijuana patient.  I am writing about the apartment fire I was victim of on November 3, 2011, and the way Officer Crane and the SDPD handled the disaster. I am writing to express my concerns about the way my case has been handled so far, and to ask your help in resolving these problems as soon as possible.

I am prescribed medical marijuana due to a debilitating accident I suffered from 15 years ago. I was hit by a drunk driver and went thru the windshield of my car, causing permanent  damage to my face, neck and spinal cord. I suffer from severe and chronic pain which I have tried many prescriptions for and have found medical marijuana to be the most effective with the least side effects. It is the only medication I use. I am responsible about my medication and never medicate around my children.

On November 3rd, 2011, firefighters reported to a fire above my unit and entered my apartment to access damage. Upon my arrival, according to the American Red Cross, I had a normal reaction to the disaster and the ensuing damage. I was handled with absolutely no compassion or sensitivity and was arrested. Officer Crane held me in the back of his cruiser for five hours, refusing me an attorney, a phone call, or even air, while assuring me I was under arrest. Officer Crane informed me he was going to take my baby away and place him in a children’s home. I begged him to let my baby be picked up from daycare by family, or to take me to jail so that I could bail out and pick up my baby myself from daycare. He refused.

My baby spent six days surrounded by strangers in a strange place, not able to see his mother or hear her voice.  He still resides out of home, due to Officer Crane insisting he be picked up by police, not family, and involving CPS.  I now have a long fight ahead of me in family court as the CPS/Juvenile Court System operates on the ‘preponderance of the evidence’ standard–51% of the evidence–the lowest judicial standard of evidence. These are just a few of my concerns.

My son had never been away from home nor his mother before this incident. For a 22 month-old baby with no real sense of time, six days was an eternity for him and it’s not over yet. I also lost my job due to this incident and have had my civil and constitutional rights violated. My baby and I have both suffered severe physical and emotional duress. Not only did we lose our home to a fire, we lost each other.

I would like the abuse of power and complete lack of sensitivity displayed by Officer Crane and the SDPD looked into and that appropriate, proper and constitutional measures be taken to re-unite me with my baby as soon as possible.

I’m sure you can agree with me that this case could have been handled better and that tearing a family apart during a crisis is not beneficial to the child’s well-being nor in the best interests of the child. I’m sure it is your goal to protect law-abiding citizens from gross mis-justices.

Sincerely,

Larissa Danielli

c:  Sheriff William D. Gore, SDPD
Walter K. Ekard, Chief Administrative Officer, San Diego County
William Lansdowne, Chief of Police
Dianne Feinstein, Senator
Barbara Boxer, Senator
Susan Davis, Representative
Jerry Brown, Govenor
Christine Kehoe, Senate
Greg Cox, District 1
Toni Atkins, Assembly

{ 56 comments… read them below or add one }

avatar OB Mercy November 11, 2011 at 4:30 pm

Even though I would love to hear the “other” side of the story from Officer Crane, I am wondering how much he would be protecting the SDPD and their most assuredly good ole boy system.

I am appalled at the manner in which your situation was handled Larissa and I hope you are reunited with your child soon. This is absolutely absurd if what you say is all true. I hope there is a civil lawyer out there that could handle your case and I urge you to find one ASAP.

I am curious as to your take on what happened in regards to the marijuana being discovered in your apt. The original article said a firefighter grabbed an ice chest to catch water draining from the ceiling…but the whole thing was somewhat unclear. I am also a marijuana patient and my son is a firefighter…so I have a strong curiosity as to how this was handled.

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avatar Larissa November 11, 2011 at 9:42 pm

Thank you, Mercy. I did have my medicine in a sealed container, out of reach and well within my legal limits. I am curious also. They are holding my child solely on the fact that I am a medical marijuana patient.

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avatar Bob Z November 11, 2011 at 5:42 pm

WOW..If that is the way the San Diego Police treat the people of Ocean Beach..(where I l was born)..I don’t think I will be back any time soon…and I so wanted to see my home town again…From Bob in Phoenix,AZ…..

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avatar Kenloc November 12, 2011 at 3:38 pm

This story really breaks my heart. I hope you and your son are reunited soon. I can’t imagine what you or this poor little guy are having to endure. They shouldn’t be able to take children from their parents unless the circumstances are extreme,and that hardly seems to be the case here. Have you had contact with your son yet? Please update us from time to time.We will be praying for his safe return to you. Is there anything we,the public who find this outrageous,can do to help you?

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avatar Larissa November 13, 2011 at 9:31 am

Thank you. I’m allowed to see my son 3 hours/day. I do have to have my whole apartment packed up and moved out into storage by tomorrow…I have no one to help me. Any help right now in any way is greatly appreciated.

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avatar oBak November 11, 2011 at 5:43 pm

Sheriff William D. Gore has nothing to do with SDPD. just a heads up. That is a different agency that does not patrol OB except for warrant sweeps.

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avatar Marilyn Steber November 12, 2011 at 10:38 am

Wasn’t she put in His jail? Did Anyone have a Warrant?
Not only is it a political push-pull, it seems to me, ACLU should have been copied on that letter. That’s the first place I would have called, because I have their phone number on my cellphone as well as my attorney’s number, and I’ve never been arrested or held for anything. (Unlike many of my political activist friends.)
MMJ patients have to be doubly cautious.
Just sayin’.

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avatar Larissa November 12, 2011 at 6:32 pm

ACLU was contacted on Friday…I have high hopes they will take this case as CPS and SDPD took my child SOLELY on the fact that I am a medical marijuana patient, and if I ever hope to get him back, I’m REQUIRED to give up my medicine and submit to many more violations. Which I will do until someone stops these monsters. My baby has become a prisoner of war…

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avatar oBak November 12, 2011 at 9:25 pm

I just think it would be better if it were addressed correctly. SDSO would be the right agency. I’ve got nothing else to say on the matter. I don’t know Ms Danielli or the officers involved so I can’t say anything one way or the other.

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avatar john November 22, 2011 at 12:11 am

I may be wrong but I think they take all your possessions from you before you go in the tank where the phone is at and you aren’t going to have the cell phone at your disposal.
It’s been a few years since I visited the fun house, anyone with recent experience to add to this?
Used to be we all knew the numbers of close friends and family by memory, not anymore, take away our cell phones and we’re isolated.

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avatar Another mother November 11, 2011 at 7:37 pm

This is a shameful thing to read about and sounds like a nightmare. How horrible this all played out for Larissa. But rather than ring our hands, we have to throw the OB communities support behind her. Let’s try for a potluck to raise some money for her. Any attorneys out there willing to help this lady out? How about someone experienced with CPS matters? There very well may be another side to this story from the cops perspective, but we must demand better treatment for our OB citizens than this spiteful bunch of B.S. foisted on Larissa.

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avatar Larissa November 11, 2011 at 10:33 pm

Thank you. I’m very grateful for your support. The best help right now is to help spread this story. People need to know what is going on. If anyone knows anyone that has video footage of the arrest, I would appreciate it if they would put them in contact with me.

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avatar radicaluterus November 13, 2011 at 2:30 pm

I would happily bake some tasty banana walnut bread as a contribution to a potluck supper.

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avatar Surfpuppy619 November 11, 2011 at 9:28 pm

Contact this womans lawyer, he is from San Diego, money is the ONLY thing these dorks respond to;

http://taxdollars.ocregister.com/2011/04/21/county-loses-4-9-million-lawsuit-challenge-over-lying-social-workers/81039/

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avatar Mrs. Kramer November 12, 2011 at 5:12 am

Concerning tale that unfortunately is not unique. So sorry to hear of your plight. There appear to be massive problems in family law/CPS/family courts in San Diego county and throughout the state. A search of the Internet for some local advocates experienced in the matter may be wise. Below is a link to a new video out of Redding, regarding the disarray of Ca’s family court system.
http://www.youtube.com/user/althepal55?feature=mhee

This is a local link that links to other local tales with names of potential advocates who may be able to help.
http://angiemedia.com/2011/11/09/cjp-investigation-of-judge-lisa-schall-heats-up-citizen-input-sought/

Best of success to you and your child. Its good to know the OBRag is helping you to get early sunlight on the matter.

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avatar radicaluterus November 12, 2011 at 8:01 am

You said you have lost your job but you also say you are a business owner. Have you lost all your income? Perhaps you need a fundraiser. I’m sorry that you are experiencing this tragedy.

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avatar Larissa November 12, 2011 at 6:42 pm

I worked a ‘real’ job besides my business…I’ve always worked 2-3 jobs at a time; just a fact of life in this day and age. I have lost everything but the fight in me. They can’t take that from me.

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avatar radicaluterus November 13, 2011 at 10:09 am

You’re right 2-3 jobs is a fact of life. I like your spirit, don’t let the bastards grind you down.

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avatar Sunshine November 12, 2011 at 9:04 am

Have you been reunited with your son yet? As a mother, this would be my number one priority as I’m certain it is yours. I fully understand why a mother bear will attack anything that separates her from her cub.

I see time and time again in the SD system toward OBceans that ‘punishment’ is issued first then the matter reviewed & settled later ~ most times years later ~ in court. makes me wonder who the SDPD is paid to “protect & serve”.

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avatar Larissa November 12, 2011 at 6:46 pm

Thank you, Sunshine. I can completely relate to a mother bear right now. The fact that I live in OB definitely seemed to play a part. In the police reports, it wasn’t good enough to just put my address; they had to include (Ocean Beach) in parentheses so there would be no doubt about where I resided.

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avatar Mrs. Kramer November 12, 2011 at 9:41 am

What about making Mr. Filner know of your situation? He is currently running for mayor of San Diego. As I understand it, he has spoken out in support of the medical marijuana proponents and of the local Occupy Wall Street Movement. As I understand it, Donna Frye has lent her name in support of Bob Filner.

In addition to the break down in local agencies that are meant to protect children; it is possible that you and your child are caught in the web of local politics over a currently hot issue. District Attorney Dumanis, who is also running for mayor, now “supports” medical marijuana dispenseries and medicinal users as part of her new platform. She newly talks the talk. Maybe for you and your child, she would be willing to newly walk the walk.

http://www.sdcitybeat.com/sandiego/blog-580-medical-marijuana-la.html

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avatar Seth November 12, 2011 at 2:36 pm

Larissa, I am sorry about what happened to you. It sounds terrible.

I have had two main reactions to this all along, and have struggled a bit with if and how I wanted to express them. Coming from a family with a lot of law enforcement in it, it really doesn’t sound to me as if they could have allowed you or anyone else in that building at the time. If they are putting themselves at risk, that’s just what they have to do sometimes. Very different than allowing you and your neighbors running around in there and having part of a water-logged ceiling collapse on your heads. Then there would be two emergencies for them to deal with, and bedlam all over the place.

I wasn’t there, not judging you or the trauma you were feeling at the time, but if it got to a point where they needed to restrain you to keep you from saving some equipment, that really shouldn’t have happened. I kinda hate saying that, but I sorta have to for my other reaction to be expressed in full context. From what has been written here, sounds like you probably put them in a place where they had to do SOMETHING, and I wouldn’t be able to fault them for that, if that really is the case.

At that point of your story, I am sitting here on the other side of the internet thinking you may have been a ranting lunatic sidewalk lawyer, and I am fully expecting them to throw you in the back of a cruiser. Not judging, just being real for a minute.

But my second, and more important reaction, from someone who is perfectly willing to see their side of it (which I haven’t even heard yet), is how the hell did it get to the point where it got to? On its surface, it sounds like it all got very personal and very vindictive. Whatever mitigating factors exist, it sounds as if there was a tremendous overreaction that could very well have been an extremely unprofessional one.

Whatever the actual balance of blame is for what happened, I hold them to a higher standard. As the father of two small children, I am also very concerned about the impact of all of this on your child and your family, and hope that a ranking official steps in ASAP to help mitigate those impacts. Unless there is some major consideration here that I am not aware of, I find it completely shameful that your punishments seem to be so very out of scale with your actions that day.

In any event, I do wish you luck as you deal with all of this.

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avatar Larissa November 13, 2011 at 8:23 am

Seth, I appreciate your concern. I did arrive on the scene almost an hour after the fire. Everything was taken care of and officers were standing around talking and laughing INSIDE my apartment when I asked them to please save my equipment from the ensuing water damage. They had taken the time to cover my tv, chairs and other ‘various’ items they felt were ‘important’, while leaving the most important items to be damaged. I was VERY conscientious not to swear or say ANYTHING except to keep requesting they protect/wrap my speakers. I was arrested on that alone. The chain of events that followed happened because Officer Crane had already determined I was a criminal due to my medicine. When he found out I was 100% legal and within my legal rights, instead of doing the right thing and letting me go, he pursued my child. I was discriminated against and my son is now a prisoner of a political war.

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avatar john November 12, 2011 at 2:46 pm

I think it’s pretty clear SDPD (via encouragement from the office of Bonnie Dumanis and the campaign agsainst medical marijuana) took the stance that finding your medicine deemed you were a criminal, thus they could leave you in the car for five hours, be callous toward the need to pick up your child, etc, and treat you as sub human.
What kind of message are these people sending us? The voters made their desires clear. The law was changed, this is how democracy works. By refusing to abide by those laws and mete punishment to Ms. Danielli any way they see fit, they are showing utter contempt for the law they want us to respect and abide by.
For a civilized society to work, the people must abide by the law not from fear of being beaten or imprisoned, but from a “societal conscience” of not doing things because it just isn’t right to do them. In instances such as this where the law is held with contempt by those enforcing it, and want to work outside it and punish Ms. Danielli in ways the justice system never intended, it only leads to “us VS them” results. With a citizen to officer ration of around 2000 to 1, this is not a desirable situation for them should the economy continue its downward spiral and the civil unrest many predict become reality.

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avatar OB Mercy November 12, 2011 at 7:55 pm

Larissa, please keep us posted. Would especially like to hear what the ACLU does for you. Stay strong girl!!

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avatar mr.rick November 12, 2011 at 10:35 pm

Ranting,lunatic, side walk lawyering isn’t a crime as far as I know, but I’m not a lawyer. (just a lunatic). Any behavior is legal until you acctually break a law.Wasn’t there.. But it appears some one was unprofessional and now the f#$ked up system is involved. Another neighborhood (not all) and it would be different. Hang tough, girl!

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avatar Seth November 12, 2011 at 11:51 pm

I wasn’t there, either. I can only go by what has been written here, and obstructing first responders is surely a crime of some sort. But that’s not the point I was driving at with that comment. Whether she did or did not, the reaction to it seems vindictive and shamelessly out of scale to me. Which is particularly troublesome given that there is a small child involved. Again, I hope that a ranking official steps in to address this ASAP. Good luck, Larissa.

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avatar Ingeborg O'Bourne November 13, 2011 at 2:40 am

Larissa, while it seems that everything and everyone is against you right now, try to be patient, and pray for help. I, and others, will support you in this. I’ve been in many an impossible situation, and was lifted out by God. If you haven’t done so, begin praying, and believe that things will turn out all right, and they will. Your baby is stronger than you know, and will be able to assimilate what has happened. surely, he is with good people, even though they may have been strangers in the beginning. Despite appearances to the contrary, focus on what is good, affirm it, and strengthen it. Before you know it, your dilemma will be resolved, and you and your baby will be back together. God knows you, your problem, and will help. Trust!

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avatar Mrs. Kramer November 13, 2011 at 3:45 am

Its a very good thing that the OB Rag has chosen to publicly shed light on this situation. Probably the only thing that will help to bring this child home soon. I hope the ACLU does choose to do something about this.

Something is grossly out of kelter in San Diego’s legal system. Criminal acts by those in legal system who are well connected go unchecked in this town. Our courts, particularly the Fourth District Division One Appellate Court, are frequently used to practice politics, not law.

I am inclined to believe much of it stems from the political asperations of the District Attorney, Bonnie Dumanis. She has repeatedly been evidenced of working on behalf of the “1%”. Taking a child from a marijuana user from OB would play big to a certain audience. Never mind that the mother did nothing illegal or committed any act that would warrant ripping her child from her. Never mind the psychological impact on both the child and mother. Bonnie’s got funds to raise and potential backers to please.

Below is a video of another obscene situation that took place in downtown San Diego the other night at Occupy Wall Street, San Diego. The protester had simply climbed into his sleeping bag to stay warm, as I understand it.

http://www.youtube.com/watch?v=C6QCRneABhU&feature=youtu.be

And we wonder why people are protesting in the first place.

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avatar Robert November 13, 2011 at 1:28 pm

If you were so unreasonable then why didn’t he just taze you, or take you to the ground, and where was his back-up? I wonder if the Firefighters felt threatened by you in anyway? You are prescribed marijuana by a Doctor who is licensed in the state of California, yet you are arrested for the prescription. Where is the rule of law here? Increasingly police departments hire people who have an I.Q. of less than 100. Before giving the greenlight to CPS/Dyncore to kidnap your boy from daycare, did the arresting officer seek advice from his supervisor? What is a 22 month old boy from OB worth these days? Look on the bright side, it’s a good thing you didn’t have a firearm or free range eggs (RAWSOME foods raid). While 15,000 people died from pharmaceutical painkillers last year, none have died from marijuana, yet if you had a cooler with Oxycotin, Soma, Norco, Lithium, Prozac, Zanax, you would have never had you lil boy snatched from you. Things are changing quickly, embrace the Constitution or be enslaved.

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avatar jim grant November 16, 2011 at 6:51 am

What is the status of this ? Did she get her child back …did she get her medicine back ??

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avatar Larissa November 16, 2011 at 8:57 am

Hi Jim…no. It has been two weeks and I still do not have my child or my medicine back. The most I can hope for is in another 2 weeks when I go to juvenile court again (although i’ve been told it will be 6 months before my earliest chance of getting him back). On a side note, I am hoping to find a place here in OB that I can stay for the next 2-3 weeks while my home is being fixed. I’ve gotten spoiled being so near the ocean; it is my refuge and I don’t want to leave. I am clean, responsible, respectful and easygoing. I just need a place to sleep, shower and use the internet. If anyone is able to help, please email me at danielli.larissa@gmail.com . Thank you.

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avatar Frederic C. Schultz, Esq. November 16, 2011 at 12:09 pm

I’ll pray f/ u and ur son’s troubles to end well, and immediately! u should cc obama too! soooooooo horrific!!!!! -f

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avatar Frederic C. Schultz, Esq. November 16, 2011 at 12:10 pm

are they charging you criminally even though you have a doctor’s note?! that’s insane!!!! -f

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avatar Joy R. Lynskey November 19, 2011 at 2:34 pm

Larissa,

I have dealt with similar circumstances in the past. I was once arrested, stripped naked, thrown in cell, and THEN they came in and tazed me so long that the officers holding me began to complain about the pain. However, this is nothing compared to having them take your child or children. I have also dealt with issues in the cases of my children because of prescribed medication. (not cannabis but not the point)

I apologize I haven’t read the above comments so if this was mentioned ignore it. I work online and I do a lot of work in networking and media and have seen a lot of stories like yours come to light, and come to life, when they are shared properly. I would suggest you start a petition at change.org or the whitehouse.gov, particularly about having this officers actions brought to light and having his involvement investigated. Sometimes it takes a compelling writer to create a petition that will fire the public’s passions regardless of the use of Cannabis which some unfortunate ignorants still do not know the value of.

However, I am a writer, believe that not only have you been wronged, but that boatloads of people like you (and me) who suffer from chronic and debilitating pain, have been persecuted way too long for a cause that shouldn’t even have to be one.

Please contact me at the email listed on this comment and I would be more than happy to donate some time to helping you get some attention on your issue. I do this for a living and make a good deal doing so, so please don’t hesitate to reach out as no charges ever apply for doing something to right a wrong.

Good Luck Larissa!

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avatar OB Mercy November 19, 2011 at 8:48 pm

Wow Joy is all I can say! Larissa….I see synchronicity happening here.

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avatar POT Patient November 20, 2011 at 10:40 am

I would like to say I feel so bad for you…I thought they could not do that because medical marijuana is legal. Why give someone the right to smoke if you want to torment them over it? it does not make sense. My prayers are with you.

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avatar radicaluterus November 21, 2011 at 10:59 am

The word “legal” depends on which side of the law you are standing at the time.

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avatar L November 21, 2011 at 12:36 pm

Larissa, as the mother of a 20 month old, my heart hurts for you and your baby. I’m so sorry for what you have been through and I hope you can be reunited with your son ASAP.

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avatar Sharon Kramer November 22, 2011 at 3:57 am

The Ca legal system is out of control, particularly San Diego’s. I am going to jail, Jan 6, 2012 for speaking and evidencing the truth that the CA courts have been colluding with the US Chamber of Commerce to defraud the public out of billions of dollars.

I am not even hopeful law will be followed and I anticipate I will be incarcerated for a long time. The case has taken place here in San Diego and involves local judiciary, some of whom are running Ca’s courts via the Judicial Council “the policy making body” for Ca’s courts and the Commission on Judicial Performance – who is suppose to police the judicial branch.

What they have been doing is big time criminal and I can prove it. THAT’s why I am going to jail.

In March of 2005, I was the first to publicly write how it became a fraud in US public health and CA workers’ comp policies that it was scientifically proven moldy buildings do not harm. This fraud in policy was for the purpose of limiting liability of insurers and others for causation of illness in workers and occupants, and sometimes death of infants.

I named the names of those involved in mass marketing the scientific misinformation and how they were connected:

The US Chamber, Congressman Gary Miller (R-Ca), the Manhattan Institute think-tank, the workers comp physician org ACOEM, a corporation GlobalTox (now known as VeriTox) and the corp’s president Bruce Kelman.

In May of 2005, Kelman and Veritox sued me for libel for the writing. Their sole claim of the case was that my use of the phrase, “altered his under oath statements” was a maliciously false accusation that Kelman committed perjury while testifying as an expert defense witness in a trial in Oregon where children had been made very sick from mold in a residential construction defect case.

Kelman then proceeded to use perjury to establish needed reason for malice. (you have to establish a reason for malice to prove libel). Every judge and justice in San Diego to overseen the matter (now 11) suppressed the evidence of the US Chamber medico-legal policy author’s use of criminal perjury to establish malice while strategically litigating against public participation. They framed me to make it look like my writing stated an accusation that it did not. The last Appellate Opinion was Sept 2010.

In Nov 2010, Kelman filed a second lawsuit in San Diego North County that I be gagged from writing the phrase, “altered his under oath statements”. If I can’t republish that phrase, the sole cause of action of the prior case, I also cannot write and evidence what the courts did to frame me over that phrase, while knowing they were aiding a massive fraud to continue on behalf of the affiliates of the US Chamber.

I.e. if one judge would have acknowledged the evidence that an author of medico-legal policy for the US Chamber committed criminal perjury while strategically litigating, the whole fraud of scientifically proven moldy buildings do not harm would collapse. Thousands of people’s lives, health and safety would immediately begin to be better protected as public health policy over the issue would rapidly change to reflect accurate science.

On May 2, 2011, the gag order was granted. This, with the new judge being evidenced that what he was doing was precluding us from writing of the criminal actions of all judges in the prior case, aiding with billions in fraud nationwide on behalf of the affilaites of the US Chamber.

BTW, Bonnie Dumanis knows all about it. She won’t do anything.

On Sept 11, 2011, I sent letters to the leaders of CA’s judicial branch asking they help to undo the continued fraud that continues to harm thousands while aiding insurers to shift cost of injury onto taxpayers, directly because of the corruption in Ca judicial branch and what they did in the libel case. Its easily into the billions of fraud, nationwide.

On Sept 13, 2011, we put the letters on the Internet evidencing they know that what they have been doing is criminal.

On Oct 12, 2011, Kelman filed a Contempt of Court Complaint. What he attached as Exhibit of why I need to be deemed a criminal and sent to jail were the letters to the Judicial Council as placed on the Net and evidencing THEIR criminality in the San Diego courts. Its bad. You can see in the link above that even court documents were falsified by clerks of the court. Those are Government Code 6200 violations punishable by up to three years in prison.

Below is the text of the specific page of the Exhibit attached to the Complaint as evidence of why I am a criminal. It’s the evidence of what the courts did to frame me for libel while knowing they were aidingthe US Chamber et. al., with fraud:

TO: Justice Judith McConnell, Chair of the California Commission On Judicial Performance.

“As the Presiding Judge of the San Diego Appellate Court, please take measure to remove the Government Code 6200 Clerk of the Court violations from the Case Record, CCMS Case Summary & Docket, and Case File. Please evidence for me when these corrections are made in accordance with Government Code 62150(d)….

As the Chair of the California Commission on Judicial Performance, by now, you must realize your grave errors when overseeing this case in its anti-SLAPP phase. You must realize the damage done to many because of the content of your anti-SLAPP Appellate Opinion written in November of 2006. You must realize this is a breach of judicial ethics and a huge waste of taxpayer dollars and lives to allow this to continue further. To reiterate:

In November 2006, you wrote an unpublished Appellate Opinion with Cynthia Aaron and Alex McDonald concurring that A.) framed me for libel; B.) aided to conceal that a retired Deputy Director for CDC National Institute of Occupational Safety and Health (“NIOSH”), Bryan Hardin, was an undisclosed party to the litigation. You refused to take judicial notice of the evidence that Hardin’s name was improperly missing from the Certificate of Interested Parties as the sixth owner of GlobalTox (now known as VeriTox); and C.) rewarded Kelman’s use of perjury to establish libel law needed reason for malice.”

A. FRAMED A DEFENDANT FOR LIBEL OVER A MATTER OF FRAUD IN PUBLIC HEALTH

In their unpublished anti-SLAPP Opinion of November 2006, the Appellate Panel of McConnell, Aaron and McDonald, made it appear that I had accused Kelman of getting caught on the witness stand lying about being paid by by the Manhattan Institute think-tank to author a position statement for a medical trade association, ACOEM: To quote from the anti-SLAPP Appellate Opinion:

“This testimony supports a conclusion Kelman did not deny he had been paid by the Manhattan Institute to write a paper, but only denied being paid by the Manhattan Institute to make revisions in the paper issued by ACOEM. He admitted being paid by the Manhattan Institute to write a lay translation. The fact that Kelman did not clarify that he received payment from the Manhattan Institute until after being confronted with the Kilian deposition testimony could be viewed by a reasonable jury as resulting from the poor phrasing of the question rather from an attempt to deny payment. In sum, Kelman and GlobalTox presented sufficient evidence to satisfy a prima facie showing that the statement in the press release was false.”

I made no such accusation. My purportedly libelous writing of March 2005 speaks for itself and is a 100% accurate writing. It accurately states the exchange of money from the Manhattan Institute think-tank was for the US Chamber’s mold position statement, ACOEM’s was a version of the “Manhattan Institute commissioned piece”.

As written by McConnell and accurately stated in my writing, Kelman admitted being paid by the think tank to author a paper for the US Chamber of Commerce, only after a prior testimony of his from another case in Arizona came into an Oregon trial proceeding. From there, he flip flopped back and forth and tried to say ACOEM’s mold statement was not connected to the US Chamber’s while having to admit they were – because his Arizona bench trial testimony proved they were.

From my purportedly libelous writing stating the think-tank money was for the US Chamber paper – not ACOEM’s. This is contrary to what McConnell FRAMED ME for in a double-speak Opinion, while interpreting Kelman’s testimony in question exactly how I had written it:

“Upon viewing documents presented by the Hayne’s attorney of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his under oath statements on the witness stand. He admitted the Manhattan Institute, a national political think-tank, paid GlobalTox $40,000 to write a position paper regarding the potential health risks of toxic mold exposure…..In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman Gary Miller (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine.”

[Of worthy note, in both the 2006 and 2010 Appellate Opinions, the Appellate Justices deleted 14 key lines from the middle of the transcript of Kelman’s testimony of which I was writing. These 14 Appellate Opinion omitted lines evidence that Kelman and the defense counsel tried to keep the Arizona testimony out of the Oregon trial and did not want to have to discuss how ACOEM’s mold policy statement was connected to one bought and paid for with think-tank money (for the US Chamber of Commerce)

READ LETTER TO JUSTICE MCCONNELL HERE….”

The above is what they are deeming “Contempt of Court” When the courts and the entire legal system are so out of control that they are acting more like the Mafia, I suppose that could be an accurate statement. I do find that comtemptuious. I find it down right reprehensible and quite concerning of where we are headed in this country.

They have no right to take someone’s child from them who has broken no laws. Yet they are doing this kind of stuff on a regular basis in many areas of California, and seem to find themselves above the law.

I am anticipating going to jail for a very looooooong time because I have absolutely no intention of being forced into silenced of the mass corruption in Ca’s judicial branch. If people don’t speak out when they can prove how corrupt they have become at the highest levels of our courts and the entire legal system of CA, then it will only get worse.

I personally think that Bonnie Dumanis is useless as a District Attorney when it comes to fighting the real crimes going on in this city. God help us all if she should become mayor.

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avatar radicaluterus November 22, 2011 at 4:24 pm

Anecdotally I have this to add- the building I am currently living in has had numerous water leaks and the water is shut off a couple of times a month since I’ve lived here. I have had several neighbor who have developed chronic sinus problem after they moved into the building. I am fortunate that I am not experiencing their symptoms, I have however noticed a pattern over the three year of my residence.

I am low income and I am in low income housing.

I did not mean to hijack Larissa’s forum. However, corruption is everywhere.

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avatar Sharon Kramer November 22, 2011 at 5:51 pm

Yes. This needs to stay focused on Larissa’s situation. She needs help, now. From what I know to be true when they make errors like this, they tend to dig in to protect against liability rather than correct the error. Radical Uterus, my contact info is in the link I provided above. I would be glad to direct you to where to find answers to the questions you ask.

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avatar Dana November 23, 2011 at 10:57 am

i am so sorry to hear what happened, the police the government have gone wacko. its a police state.
i hope your son returns home soon and safe.
we need to band together.

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avatar LadyMartin November 24, 2011 at 2:05 pm

How does it become a man to behave toward this American government to-day? I answer, that he cannot without disgrace be associated with it. I cannot for an instant recognize that political organization as my government which is the slave’s government also…

…Governments show thus how successfully men can be imposed on, even impose on themselves, for their own advantage… It is a sort of wooden gun to the people themselves… It does not keep the country free. It does not settle the West. It does not educate….

…and (when) oppression and robbery are organized, I say, let us not have such a machine any longer. In other words, when a sixth of the population of a nation which has undertaken to be the refuge of liberty are slaves, and a whole country is unjustly overrun and conquered by a foreign army, and subjected to military law, I think that it is not too soon for honest men to rebel and revolutionize..

…Let every man make known what kind of government would command his respect, and that will be one step toward obtaining it….

…All men recognize the right of revolution; that is, the right to refuse allegiance to, and to resist, the government, when its tyranny or its inefficiency are great and unendurable. But almost all say that such is not the case now. But such was the case, they think, in the Revolution of ’75… At any rate, it is a great evil to make a stir about it… What makes this duty the more urgent is the fact that the country so overrun is not our own, but ours is the invading army..

~Civil Disobedience, Thoreau

Three weeks and Thanksgiving…baby Silas has still not been returned to his mother.

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avatar radicaluterus November 25, 2011 at 1:52 pm

Baby Silas a prisoner of war and his mother Larissa an enemy combatant, three weeks of critical development in the life of a child. The Police State does not care, deviant penis got to fill up those prisons with traumatized people.

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avatar Larissa November 25, 2011 at 6:07 pm

Please, everyone and anyone, please, please, please sign this petition and share it with anyone you can…help bring baby Silas back home. http://www.change.org/petitions/stop-destroying-families-over-a-political-war

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avatar alvar December 12, 2011 at 10:00 am

Larissa,

I share in the disapproval and condemnation of the actions of the state interfering in the relationship between you and your son From your recitation of fact, it appears they have little more than their irrational, outmoded, and obscurantist bias against cannabis and the testimony of a vindictive cop.

Would you tell us what specific instances of neglect or abuse do they recite to support their petition against you? What relief are they requesting of the court? It is their burden to prove any allegations by a preponderance, as you note. Will your recommending physician testify in your behalf?

There is no justification in law or humanity for the pain an overweening state has inflicted on you and your son. They have taken him from you without adequate cause and they now hold him hostage to extort changes in your lawful behavior. Not, I think what Bacon had in mind when he characterized children as Fortune’s hostage.

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avatar Dana December 12, 2011 at 11:00 am

isn’t weed a simple infraction? the san diego cops seem to get out of hand sometimes. and now they have terrorized an innocent child in the process and scared his mother. FAIL SDPD

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avatar Larissa February 17, 2012 at 1:58 pm

I just wanted to update everyone…everything was 100% dismissed…Criminal, CPS and DMV. It took 3 months, but my baby was finally returned to me and everything thrown out. 3 long, torturous, horrible months that they kept my baby on false accusations. Now, we are working on putting our lives back together…

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avatar Frank Gormlie February 17, 2012 at 4:44 pm

Larissa – Great news! Perhaps a law suit is in order. That’s what the courts are supposed to be – a place to redress grievances.

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avatar radicaluterus February 17, 2012 at 2:31 pm

I am so happy for you.

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avatar Sharon Kramer February 17, 2012 at 4:31 pm

Wonderful news!

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avatar OB Mercy February 17, 2012 at 5:12 pm

Awesome, awesome news Larissa! I even talked to a marijuana rights attorney about your case and he certainly felt you had one. I know being reunited with your child is THE most important thing. But I truly hope you do NOT allow them to get away with this and I do hope you pursue litigation. If there was ever a time for that to be of proper use, this is it!!

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avatar ian March 19, 2012 at 8:36 pm

That’s great news Larissa. In the future, please refrain from speaking with the police after their first refusal (referring to your initial contact). DJ equipment can be replaced, 3 months of your life can’t.

http://www.youtube.com/watch?v=6wXkI4t7nuc

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avatar Dana March 20, 2012 at 2:09 pm

I hate to say it, but I haven’t ran across much empathy from san diego pd.
i’ll stand with you.

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avatar Alexandra January 25, 2013 at 5:32 pm

I hope you are sueing for millions for wrongful arrest . So many cops fall short when it comes to public relations . It is way to easy to become a cop, why is psycholical testing and evaluations not done on these public servants ? they have 0 training when it comes to handling the public . Shame on this officer & all that where in attendance for the way they handled this situation . I am so sorry to hear about the terror they inflicted apon you . I hope you have a good lawyer .

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