To whom it may concern,
It is with a very heavy heart that I feel prompted to communicate to all of the individuals receiving this email. I have invested tremendous amount of time, energy and yes passion to advocate on the behalf of private citizens whose children are experiencing incredible harm within our public education system. I have been transparent, authentic and beyond reasonable to be a free citizen, just desiring to remain secure in my constitutional rights to publicly address the school board. These attempts have been met with a contemptuous, defiant and even behavior of mockery of my mere presence. This attitude has permeated all communications with those in public service who have sworn an oath to uphold, defend and protect my rights.
On March 14th Trooper Kochka, (allegedly under the direction of Octorara School Superintendent Dr. Orner, or Octorara School Board President, Brian Fox) stated that I had not committed a crime, was asked to leave and if I didn’t leave I would be arrested and charged with defiant criminal trespass after warning.
I attempted to correct Trooper Kochka that criminalizing a constitutional right is not protected through qualified immunity and he would be at risk of personal litigation under 18 USC 241, 18 USC 242 and 42 USC 1983. I had suggested that he clarify his authority with a supervisor and the District Attorney to clarify the limits of his authority on public property, which were met with contempt and ignored.
I have attempted repeatedly to obtain records of an official criminal trespass document, sworn affidavit, probable cause affidavit and to date the response is two fold. One, is that no record exists through the Pennsylvania State Police right to know law official. Secondly, Trooper Kochka is relying upon a written email communication to me, referencing a letter sent to me from Dr. Orner. Dr. Orner’s letter state’s that I was being denied access to the school for causing a “disturbance”. No sworn affidavit of the criminal elements of the disturbance was gathered and none produced through Right to Know law requests.
It is my desire to return to Octorara School Board to speak at the appropriate time, place manner with my 1st and 4th amendment rights restored. However, it is not reasonable that any law enforcement will protect my rights and further attempt to criminalize my attempt to be free and advocate for my clients.
If I return, it is inevitable that the School Board will summon the State Police. State Police will respond to the call for service, and act unlawfully at the direction of the reporting party. If I return, I will request to see evidence of the documented Criminal Trespass Warning document. My research has revealed that none exists. State Police will arrest me for Defiant Trespass after warning, kidnap me, potentially confiscate or steal personal property and place me in a dungeon. I would then be held in captivity for a duration until I would be arraigned before a magistrate with the charge of Defiant Trespass after warning and be assigned a bond.
If I am unlawfully arrested, I will not pay the bond as the crimes are being perpetrated by others, with no regard to the rights of a citizen, with the intentional malice to cause harm. I will remain in the dungeon, unable to gain access to the scheduled medical procedures for my heath. I am under no obligation to disclose my private, personal medical history to a non HIPPA covered entity.
Upon completion of arraignment, not posting bond, I will remain in the dungeon until I am afforded a preliminary hearing. At such time, I will be requesting the arresting officer to produce all documents, probable cause affidavit, sworn affidavit, that validates a lawful criminal trespass from public property. As all of my evidence supports that the PSP have confirmed no record exists.
It has never been my desire to be in this situation. However, I have provided sufficient documentation, advanced notice of my intentions, along with my preparedness in how I will conduct myself, I have significantly documented a systemic problem under Color of Law.
I have attempted to be reasonable, and don’t desire to make this a federal case. In the event that my predictions are true, my evidence is valid, the public records responses are truthful, the impact to all involved individuals will be based upon acting in their private person capacity in violation of their oath and loss of qualified immunity.
I am not seeking justice at all. I merely want to be a law abiding citizen capable of exercising their concerns on behalf of affected children at a public meeting. If I am met with unlawful actors, justice will be determined in a court of law, with a jury of ones peers.
It is completely not lost on me that this is not usual and customary of a citizen willing to go to these lengths. But our justice system tells citizens, ignorance of the law is not a defense, and we have a duty and obligation to know the law, and correct those who misrepresent the law. However, we have no power or authority to ensure public servants comply with the law nor honor their oath. Accepting this as a limitation, I chose to be informed, prepared, respectful, professional and strived to be reasonable. This is my hope that this communication is received in the spirit it is being delivered and those representing authority, honor their oath. But, the reality is, a citizen must be prepared for that not to happen and resolve their issues, not on the public square, but in the courtroom.