Note: Read the comments to see my request for Chief Don Conley's Oath of Office and Bonding information.
(13 Aug 2011) Dear Attorney Cullen:
It has occurred to me that the Nashua Police Department (who unfortunately has posed as NH AGs while they violated Michael Paulhus' Constitutional Miranda Rights) surely would have conducted an investigation into the wire fraud and forgery that occurred when a certain title company affixed a phony signature to a mortgage and faxed it off for funding to WAMU I believe it was (note to newbies: watch the above Kelly Ayotte "she's full of shit" town meeting from 7:35 onward to understand this -- she was the Chief Law Enforcement Officer of the State of New Hampshire when this happened. And because your clients are so professional I'm certain they would have retained some records memorializing their efforts to investigate and/or refer the matter to the proper authorities.......
“The Defendant’s waiver of his Miranda rights was involuntary as it was induced by the trickery and deceit of the officers, particularly Det. Maloney…. In this case, Det. Maloney and Sgt. Parenteau misrepresented the nature of their investigation from the moment they entered the interrogation room with the defendant....Motion to Suppress GRANTED.On Mon, Aug 22, 2011 at 11:19 AM, Bennett, Stephen <BennettS@nashuanh.gov> wrote:
-Judge Bernard J. Hampsey, Jr., June 30 2005
***************Dear Mr. King: The Nashua Police Department has been unable to locate any documents that are covered by your request.Steve Bennett
Christopher King to Kelly, Brian, Jack, jennifer
show details 11:46 AM (5 minutes ago)
In addition to 42 U.S.C. §1983 there is also 42 U.S.C. §14141.....
While no one at the FBI office specifically mentioned the Statute they did take copious notes and we hope and pray they do the right thing because too much of Nashua PD has run amok.
From the FBI website linked on the front page:
"The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
During 2009, the FBI investigated 385 color of law cases. Most of these crimes fall into five broad areas:
False arrest and fabrication of evidence;
Deprivation of property; and
Failure to keep from harm.
Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is "reasonably" necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully "unreasonable" or "excessive."
Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.
False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person's civil rights may occur.
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority."
Respectfully submitted this 18th day of August, 2011.
Christopher King, J.D.
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