Posts from the ‘Appeal’ Category

Goodbye 2010……2011 Here I Come!!!!

2011 - I will be coming to a Community near you!

2010 has been a very interesting & stressful year, the most stressful out of the 3 1/2 years I’ve been fighting this Misdemeanor case. 

  • They finally got 2 convictions out of me after having been maliciously prosecuted over & over & over (3 Trials).  They got just what they wanted on April 14, 2010 when I was found Guilty of 2 counts of Resisting Arrest (They added this 2nd Resisting Arrest charge on me the first day of my second trial, January 15, 2010, to hedge up their chances at a conviction).
  • Oh and the 2 Battery on Officer charges they originally had against me were dropped due to a hung jury. 
  • I also got put on 3 years summary probation plus ordered to pay fines & do some community service.

Aside from that, last month I finally had my appeal against the Los Angeles Police Department (LAPD) for them Wrongfully Terminating  me as a Clerk Typist on January 15, 2008 behind this case full of LIES & False Allegations.  As of today, I await the results & should receive them in January sometime.

NOTE: At my LAPD appeal I had 5 officers testify against me: 3 Los Angeles Sheriff Deputies, One Inglewood Police Officer & the Los Angeles Police Department Captain who fired me.

So it is quite interesting how my life quickly changed all because of POLICE LIES.  Being I was new to the whole (in)justice system process, I was unaware of all the INJUSTICES that were currently going on around us everyday and it’s quite an epidemic.  I have become so intrigued with the topic of justice & demanding that everyone deserves it, that I have found myself engaging in more & more community events & activities revolving around police brutality, police misconduct, & police murders.  It’s time for people to stand up against the way law enforcement has been able to ruin so many INNOCENT peoples lives while they continue to move on with their lives with no discipline involved.  At the rate it’s going any & everyone is susceptible to police violence!

It’s a tragic shame that the people who are supposed to Protect & Serve the community have found a way to become the enemy by means of terrorizing people by force & intimidation, falsifying reports to cover up their wrongdoings, planting evidence, unjustified homicides, illegal search & seizures, & much, much more etc.  How are people supposed to have faith & trust in the Law when they clearly break it themselves?  Can you answer that???

ALERT! Inglewood Officer Alvaro Ruiz Seemed to be Following Me!

Officer Ruiz standing at the Bus Stop on Crenshaw & Manchester Blvd in Inglewood, CA on November 9, 2010

Now, normally I wouldn’t say anything but this is to be noted.

On November 9, 2010 I was leisurely riding the MTA bus (public transportation) and the bus did its normal stop at the intersection of Manchester & Crenshaw in Inglewood, CA.  As we sat at the bus stop at that location an Inglewood Police Officer happened to board the bus as we sat there.  At first I wasn’t alarmed until I happened to look at the face of this man.

IT WAS INGLEWOOD OFFICER ALVARO RUIZ #884!

Now let me explain to you real quick who Officer Ruiz is.  Officer Ruiz is one of the 5 male officers who helped assist in my battery on the night of April 6, 2007.  He is one of the 2 officers who claims he was holding down my upper back, trying to prevent me from standing up.  What was crazy about seeing him on this particular day was the fact I had ALL my legal documents with  his name written on them in my possession, making my whole body go into a state of shock upon the realization of who he was.

It had only been 2 months since I had to actually see him face to face, which was when he came to Part One of my Los Angeles Police Department (LAPD) appeal as a witness, September 15th, to lie on me in hopes of making sure my employment with them is not reinstated.

However, what’s ironic is that when my Criminal Attorney  subpoenaed Officer Ruiz  in January of this year to testify at my trial, he showed up and informed her that he DID NOT recall what happened on April 6, 2007 therefore he could not really testify to it.  But fast forward 8 month, Ruiz all of a sudden gets hit in the head with the MEMORY BUG.  He was at my LAPD appeal giving descriptive details about April 6, 2007 in direct contradiction with what he had stated earlier this year.  You’d be amazed to know this man was able to bring back his whole lapse of memory on this one particular day.  I found that to be extremely odd but given the fact I have witnessed police officers lie repeatedly under oath, nothing is a big shocker anymore.  This is what they seem trained to do!

Now going back to the bus incident, Officer Ruiz entered the bus and said something to the bus driver and then exited.  He proceeded to walk alongside the bus and stopped right alongside my window.  That is when I was clearly able to see his name tag to verify it was him & I snapped this photograph of him above.  Talk about being totally scared & paranoid!  What are the chances that one of the 5 cops who assaulted me would board a bus I’m riding?   I believe in coincidences but this ain’t one I believe in…………

So instead of just sitting there once the bus got moving again, I approached the bus driver to ask him what Ruiz said to him.  (Paranoia at its best)  He informed me Officer Ruiz asked him if there were any trouble makers on the bus, he told him no, & that’s when he exited.   That seemed mighty fishy to me & that is why I had to write about it just so you all would know what’s going on in my world.

The Fight for Justice must go on; I just gotta keep My Eyes Open!!!

Sentenced to Jail & Currently Out on Bail!

On June 7, 2010, Cherise had to turn herself into the courts stemming from her convictions on April 14, 2010: Guilty on 2 counts of Resisting Arrest with a 60 day county jail sentence plus 3 years of probation attached. Cherise filed an appeal and was allowed to stay out on bail pending the appeal process. Her bail was $10,000 & it was posted as soon as she went into custody.

To be allowed out on bail however, the judge was reluctant to allow this to happen.   For some reason he felt like this wasn’t allowed until he was provided the proof that Cherise had a right to stay of of jail pending the appeal process.  Her attorney had to bring in this proof:

CA Penal Code 1272. After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail:

2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.

If her attorney would not have provided this Penal Code, the judge was going to refuse the request & mandate Cherise to serving the 60 days in the County Jail.

This appeal is stemming from the Nightmare Experience Cherise Rogers experienced on April 6, 2007.

District Attorney’s Appeal Went in Their Favor

The appeal the District Attorneys office filed against the 3 charges dismissed on June 3, 2008 (2 Counts of Battery on a Police Officer & 1 Count of Resisting Arrest) were REVERSED by the Appellant Court on May 27, 2009; leaving me once again at square one after a year of waiting.  I couldn’t understand how this reversal happened, but it did!!  I just happened to call the appellant courts the second week of June and found out this decision because as usual the courts failed to notify me or my lawyer of the decision by mail.

They have proven to me that they are DETERMINED to try and take me under no matter what it takes.

I went to court (PRE- PRE Trial) July 20th and my next court date is August 18th for PreTrial.

The Corrupt Blue Line

The Corrupt Blue Line

You never know from day to day what tomorrow might bring.
You could go from prosperity, to losing everything.
A turn of events, though unexpected could change your life forever.
We all say “It won’t happen to me,” but trust me don’t say never.

I have to tell Cherise’s story. You might find it hard to believe.
But when you understand the truth, I’m sure that you will grieve
A magnificent girl of poise and beauty, she really had it all.
Education and a good job, but then there came the fall.

One night while driving home from work about two years ago,
The L.A. Sheriffs stopped Cherise. Why? We just don’t know.
There was no reason then or now or for what else they did do.
They beat Cherise and tortured her, till she was black and blue.

Was that the end? No my friend. The abuse was oh so wrong.
To protect themselves from prosecution, they sang a different song.
They made up lies that they were attacked, that force was necessary.
At one hundred and ten pounds, she’s just really not that scary.

For two long years they’ve drug this out, to disrespect her name.
She lost her job and lives in fear, and for this they show no shame.
To keep from crossing “The Corrupt Blue Line” her life they would destroy.
No remorse for what they had done, they live their lives in sinful joy.

In and out of court for months, Cherise has been made to go.
Now she waits for the judge to decide and finally let her know.
Will the judge be biased? or will justice at last prevail?
Justice says the crooked cops should all spend time in jail.

Through it all, I must say, I’ve really been impressed.
Cherise has kept her head up high while facing every test.
Always worried, always scared, but seldom letting on.
Jumping all the hurdles placed, meeting everyday head on.

I know she has shed a million tears, and believe me so have I.
You’d have to be a LA. cop or worse if it didn’t make you cry.
Whatever happens from here on out, I’m going to place my bet.
With God’s help, Cherise will prevail; she’ll be the winner yet.

Written by: Nick Devisa

05/17/09

The District Attorney’s Expensive Appeal

The District Attorney’s office has launched an expensive appeal regarding the matter of the 3 charges dismissed by the Pretrial judge in June 2008.  As of today’s date, May 17, 2009, nearly a year later, I am still awaiting  the decision of the  appellate court to move further than the day it began.

The DA’s office started off by filing 3 separate continuances each asking for monthly extensions claiming they needed more time to prepare before actually going forth in filing their opening brief.  We are now in the month of May 2009 and I am still awaiting the outcome of the appeal.  The appeal is under consideration and will soon be decided by the California State Court.  Here’s where the problem lies, the case they are appealing has ALREADY BEEN AJUDICATED — AND I WON! A jury of my peers found that there was no good ground for stopping me in the first place in June 2008.  The jury said that the police did not prove that I had done anything to provoke the stop.

With reference to the alleged  battery on an officer that took place after the stop, it was never heard by the jury because it had been thrown out in pre-trial.  It was thrown out because the police could not produce nor could they prove any of the so-called resisting arrest and battery on a police officer charges  that were originally brought against me.

Here we are over 2 years since this nightmare began for me, and it is so hard and downright painful for me to tell you what this has done to my life.  Not only has it cost me my job with LAPD and several other employment opportunities, but the stress of what has happened to me has made a greater impact on my physical health.  And let’s stop talking about what it has done to me and think about what it has and is continuing to do to the state, county and city budget.  The amount of hours that have been wasted and the money that has been spent by the County of Los Angeles  DA’s Office on a MISDEMEANOR charge that was already decided in my favor is MINDBOGGLING!