Results tagged “mark muir” from Six Hours A Week: Adventures in American Exile

Chief Muir Contradicts Himself...

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For starters: here is what Conspiracy Against Rights is. It has nothing to do with space aliens or black helicopters.

It's always scary when people in positions of authority give different explanations for their procedures based on what is most convenient at the moment, all while trying to blame you for their choices.

I'm not sure what all occurred in the conversation that just took place between Chief Muir and my mom. She's summarizing it, and she asked him to put his strange contentions in written form so that there would be a record of them. Though he refused to take an official statement from my mother when she offered, he is going to take one from Alain Goodman. Yay for impartial police work.

In response to my inquiry about the report that she filed about Alain Goodman accosting her, Muir told me in writing that he could not comment because it was reported by her. Fine.

Today, he told her that he never responded to her because he was waiting for "corroborating evidence as to how [her] complaint fits into [my] overall conspiracy theory." (Though I specifically said we were waiting for action on her complaint and wanted to know the process of obtaining a restraining order...) He didn't want to stir up the neighborhood with "unsubstantiated claims." He also said to her that he had requested more information about the incident from me but I had refused to supply it.

So... when I am interested in knowing when the police are going to follow up with my mother about an assault, responding would violate her privacy. Yet, they can't follow up with her because they're waiting for something from me?

And -- her complaint just ended up on Muir's desk without any official record of her having filed it. My understanding is that no action can be taken on an issue unless there is a recorded complaint filed. Though she did not file it in relation to the overall harassment situation (indeed, until recently Chief Muir hadn't even agreed that he would examine evidence in that light -- I'm not yet sure he has), he just left it on his desk and awaited more info from me? Rather than following up on an assault? And when I asked him about it he said (on official police stationary) that he couldn't respond?

Clearly, this is some sort of backfill explaining.

Even better: apparently, he has heard from a third party that the incident did not occur out of the blue as my mother was walking down the street with croissants, but the frightening encounter was somehow a response to my mom's taking a picture. That's not the case (mom didn't have a camera with her), but even if it were, since when is someone allowed to assault someone else because he or she is being photographed? And why would a police officer decide to omit any official record of a complaint based on some third party claim? Aren't they still obligated to follow up and get a statement from the complainant about what occurred?

This third party called and complained about Mom's having taken a picture before he received her complaint. But -- I called Sergeant Richardson immediately after it happened. I wrote about it right away. So -- why does that call about photography somehow cancel out my Mom's written complaint about assault? Why does what other people say carry so much more weight than what we say? I have repeatedly asked about any documentation or official complaining about us from the neighbors and have just gotten very vague, non-specific answers.

People have been working overtime to make our taking of photographs of people who exhibit odd behavior in front of our home, or of vehicles who park in the proximity for no apparent reason, as some sort of crime. We do it defensively as stalking victims to document the odd/stalkerish/harassment behavior in the neighborhood. We have explained to our neighbors why we do it and have asked them to contact us with any concerns. If there is some legal issue about taking photographs on the public street, I'm sure that someone in some sort of official capacity can let us know.

Sergeant Richardson indicated to me that it was perfectly legal for Alain Goodman to stand on the sidewalk and photograph our property. I can't imagine that it's illegal for us to stand on our own property and photograph the street. Though these people take pains to get us to interact with them, we never do.

Anyhow -- the double standards and multiple explanations are odd.

It seems as though Chief Muir's next rhetorical tack (since "insincere" didn't quite work out) is the woo-woo, crazy ladies conspiracy angle. Again, conspiracy is when two people get together to plan to do harm/make mischief/deprive people of their rights. The way that Chief Muir contradicts himself, fails to give sufficient legal/procedural explanations for his or his officers decisions, engages in slippery policy, and strives to come up with reasons that our claims are illegitimate, suggests to me that he has spoken with at least one other person about ways to deligitimize our claims or keep them from becoming official police record. Given what he and Sergeant Richardson have written, and how they have responded, this is legitimate interpretation. But I can see why Chief Muir would want to promote an inaccurate interpretation of what conspiracy means rather than one that might apply to him or to officers in his department.

He said he would let my mom know in writing by the middle of next week why he chose not to follow up on her assault or create any official record of it.

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So, today Mom called to follow up on the Citizen's Complaint she filed against Alain Goodman after he accosted her on June 25.  It's no wonder Chief Muir didn't want to comment on it or voluntarily follow up. Despite the fact that she both faxed the complaint and sent it certified, there is no record of it in the Department's system. Two separate officers searched for it and couldn't find it.

And we're supposed to believe that the Department is a neutral party, dispassionately interested in protecting us as much as any other citizens? That Chief Muir is just itching to follow up on our array of Complaints? I have corresponded with Chief Muir about this incident repeatedly. Now we have to ask -- who/what is the Department covering for? It's seemed from Day 1 that Sergeant Richardson and Chief Muir were mostly interested in preventing us from supplying documentation and evidence. Then when one of us makes a report, it disappears. And the problem is supposedly my/our "insincerity" about wanting to make official reports? This is ridiculous.

Now I'll be interested to see how many of my 911 stalking/harassment calls have been "lost."

It's not at all an exaggeration to say that we're venturing into official cover-up territory here. It's going to be more and more difficult to make this about us instead of the people and practices Chief Muir seems to be protecting.
Sunday, July 19 at 10:22 PM

Chief Muir,

(Blog post below for your perusal.)

Your July 10 letter was the first one in which you gave any instructions on how you would like to receive evidence, so I find it odd that you spent so much of the letter describing how I was not providing you with evidence, and questioning my sincerity.

I will file police reports to avoid the one-year statue of limitations issue. Until I retain a civil rights attorney, I will continue to seek out others in County and State government who might take a more sympathetic/responsive tack toward addressing someone who has endured nearly two years of relentless harassment in your jurisdiction. I don't consider you a neutral party, and will therefore seek out additional people to send information to in addition to you. You professed a preference for me to send evidence and documentation to you directly without officially filing the reports. However, I will file official reports and include evidence -- it is my understanding that in order for a complaint to be actionable it must be reported. Is that not true?

I must say that your ongoing attitude toward me suggests that you don't believe that your policies/responses will ever be reviewed by an independent body/that you will ever be accountable for them. This is disturbing since we have dealt with numerous attempts to harm us, and/or completely diminish our credibility through entrapment and other means. I would certainly hope that you are not relying on such an eventuality. Your taking this "insincerity" approach is in itself quite insincere, and seems like a further attempt to diminish my credibility.

In regard to specifics:

It seems that the one year statute of limitations on individual misdemeanor offenses would not apply to incidents that are an aspect of an ongoing criminal conspiracy. Please clarify how I can submit information from over one year old that is/has been part of ongoing efforts. Please clarify how I can best coordinate with you and the county and/or state attorney on providing the criminal conspiracy information. Feel free to elaborate and provide any and all helpful information I could use for reporting criminal conspiracy -- this should save us all a lot of time.

You indicated you are not in receipt of the letter your were copied on that I sent to Alain and Darla Goodman's landlord dated June 4th. Sergeant Richardson responded to that letter by looking up my blog and responding to the email address there, rather than responding by post. I find it odd that he had not forwarded the letter to you since you were the one copied on it.

We believe that many suspicious vehicles are associated with the ongoing harassment campaign. We wouldn't provide a "general list of vehicles parked in the neighborhood which you feel might have been suspicious in some unknown way" as you suggest in your response to this description of the issue of license plates:

We have dealt with an overall stalking and harassment situation. We have dozens of incidents to report, and many associated suspicious license plates. Investigators who are truly interested in the why and how have a lot to go on. Again, we could report these all as individual instances or provide them succinctly to a genuinely curious party who would like to follow up thoroughly. The latter seems more efficient.

What about that description suggests that I intend to provide the "general list" that you describe? As must be abundantly clear by now, what I am reporting is stalking, harassment and hate crime. I believe suspicious vehicles and individuals associated with them (some of which have been photographed in the process of bizarre/harassing behavior), are part of this larger effort. Hence, my desire to report these incidents as part of stalking, harassment, and hate crime. Please let me know how to report them as an aspect of that, or if that would involve coordination with County and/or State agencies.

You say that you can't answer the following without receiving my evidence. I beg to differ. It might be uncomfortable for you to explain your department's handling of this, but certainly many of these questions are imminently answerable. If you had enough information to claim that Sergeant Richardson's procedure was not "bizarre," you must have enough information to explain to me why, from an objective procedural and legal standpoint, it was not.

You claim that a general prohibition on contacting the neighbors in any way is not "bizarre." What legal or department procedural policy allows a police officer to instruct a citizen not to communicate in any way with her neighbors -- without indicating which neighbors or citing specific complaints from any of them?  I provided ample documentation of harassment from neighbors to Sergeant Richardson -- has he instructed them not to contact us? Have they provided any evidence or documentation of our supposed harassment of them? My understanding is that I need to file a restraining order against anyone whom I don't wish to contact me, and that I need to have documentation to do so. It seems discriminatory to take their concerns seriously, but not ours -- especially when we are the ones who initiated contact with your department. Please clarify.

Only the last statement seems to rely upon my evidence. The rest of the information should be professional knowledge or gleaned from Sergeant Richardson.

We have large amounts of food and liquid evidence. When workers were in the house last summer, in addition to seemingly purposeful attempts to expose us to toxic chemicals (not warning us about toxicity, removing the barriers we set up to protect ourselves) a number of pantry items were tampered with. We have become ill a number of times due to what seems like tampering with food and bottled water. We have saved these items for testing. Please let me know how best they can be submitted to the state lab. (We have been concerned that one of the goals of the drug entrapment attempts was to remove these items before they could be tested.) Specifically, around the time a doctor misdiagnosed me with hepatitis (seemingly to make me appear as an IV drug user -- another doctor was shocked at her misreading of the blood work and treating me for an affliction I clearly did not have), I suffered major pain for months that turned out to be my gallbladder. It became evident that bottled water that I drank consistently caused and exacerbated the problem. I believe it may have been tainted with oxalic acid, which promotes gall stones. Clearly, I believe that the doctor who misdiagnosed me should be questioned, as well as individuals who seem to have been involved with the food and beverage tampering.

And to preempt any more of your language about all of this being some sort of impression we have -- that is why we saved items for testing. I'm sure the individuals involved thought that we would be dead or discredited before anyone would be accountable for it. The fact of people deciding to do these heinous things to us does not reflect on our stability or capacity. Again -- we have evidence.

Finally, your questioning my sincerity at this time is disappointing to say the least. Though the overall atmosphere of intimidation and harassment has for the most part abated in the neighborhood, we are still dealing with a major campaign to disrupt our lives. Right now it is necessary to provide documentation to a number of entities. Just this last week, we dealt with what seems like an additional entrapment attempt when someone somehow piped what smelled like pot smoke into our first floor bathroom. I recently suffered food poisoning, and the recent chemical exposure in the back yard of which you are aware. As is clear by the way you relate to me, documenting and reporting such incidents in a manner that law enforcement can act on them is difficult; they are that way by design. We go through each day knowing that a number of people in the local community wish for our demise so that the prospect of facing consequences for criminal wrongdoing will go away. Again, you did not instruct me about how you would like to receive evidence until your July 10 letter. Doing so will be very time consuming, and your incomplete information, lack of straightforward answers and seeming inability to understand basic descriptions of criminal activity (see below) don't help. I have wanted a procedure in place to make it easier for all of us. Though the process may take time, and immediate issues of survival pop up in our lives with alarming regularity and demand our full attention, please never doubt for a moment that I want more than anything to see appropriate legal remedy for the overwhelming amount of illegal activity that we have endured. It would be nice to know that the person receiving the information had a genuine desire to see justice served.

I will do my best to make it easy for local law enforcement to pursue crimes that my mother and I have endured in Missoula. I will make every effort to supply evidence and documentation at a timely pace. I hope that you will become sincere and forthcoming. The things that have happened to us are bizarre, but that is not our fault. Believe that there are thousands of things I'd rather do than try to find out a way to provide evidence and documentation to you that best serves justice. Had we not documented most aspects of our lives as well as we have, I sincerely believe we would not be alive right now. Please do not add insult to injury by continuing with insincere deflective strategies and what seems like a continuation of "blaming the victim."

Kyeann Sayer

Chief Muir's "Insincerity" Narrative

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Chief Muir sent me a letter dated July 10 (postmarked July 13) in response to the email below. It is the first communication in which he has provided any specific information about how he would prefer to receive evidence and documentation.

Yet, the new tactic is to make it look like I'm simply not supplying evidence and only like to argue. When I've been waiting for procedural preferences as well as assurance that someone other than Chief Muir will bear responsibility for reviewing the information I submit. This man's first substantive communication with me involved warnings to keep quiet about my claims that the department was mishandling our situation. Since that first interaction, he hasn't given me much of a reason to trust him.

For example, I stated these concerns about Chief Muir's defending the legitimacy of Sergeant Richardson's actions in his last letter.

You claim that a general prohibition on contacting the neighbors in any way is not "bizarre." What legal or department procedural policy allows a police officer to instruct a citizen not to communicate in any way with her neighbors -- without indicating which neighbors or citing specific complaints from any of them?  I provided ample documentation of harassment from neighbors to Sergeant Richardson -- has he instructed them not to contact us? Have they provided any evidence or documentation of our supposed harassment of them? My understanding is that I need to file a restraining order against anyone whom I don't wish to contact me, and that I need to have documentation to do so. It seems discriminatory to take their concerns seriously, but not ours -- especially when we are the ones who initiated contact with your department. Please clarify.
His response?

I will reply to your third point upon receipt and review of your evidence, as I am unable to knowledgeably respond without that evidence.

What? He is unable to make a statement about legality and department policy? He can't answer these specific questions? He can't provide clarification on the restraining order issue? He doesn't have access to the information supplied to Sergeant Richardson?

Is putting off responding to these very answerable questions (albeit uncomfortable, because they reveal some pretty fuzzy/shoddy procedure), because he believes that I for some reason will not be in a position to supply all of the documentation and evidence? I'll be too distracted, perhaps?

You've gotta love the way he ends his letter:

I do not understand why you have not already brought me the evidence which you so repeatedly have insisted we accept from you. If for some reason you have been insincere as to your intent to share your evidence with me, please feel free to cease communication and seek the assistance of state or federal authorities...
Is there anything about my communication that seems insincere? Seriously? As though I wouldn't sincerely want to help law enforcement to punish the people who have relentlessly harassed and intimidated us? I'm sorry, but that seems like a very insincere tack.

My major concern has been wanting a procedure in place that makes sense.  My entire life has been derailed by this harassment campaign, and documenting it all takes time and energy. A proper process is important, as it sets the framework for how these matters are handled. I guess it will be necessary to file individual reports for every single incident and send copies to his attention. I think that the department's obligations are more extensive if an actual report is filed, so it seems necessary to do so. Of course, It's going to take a lot of time to file all of these individual reports. To me it makes complete sense why a person in my position wouldn't just hand over all of her documentation and information to someone who has revealed himself to be less than objective or trustworthy and isn't accountable to anyone else in the department.

So, here we have local law enforcement playing into the goals of the overall campaign: creating such overwhelming and pervasive harassment as to halt someone's life to a standstill. Right now we are in a position of having to provide documentation to the health department, lawyers, insurance agents, the doctor's office that I have to follow up with constantly to ensure that they don't send paid accounts to collections, the police department, and others. By not answering questions, not volunteering appropriate information, and taking an overall defensive posture, I have to work overtime to figure out my rights and how our evidence will avoid slipping through the cracks. I am the victim of stalking and harassment and attempted entrapment, and have been preemptively treated as the perpetrator. I wonder if they treat all stalking victims this way or if we're special.

So, when there are all of those people out there waiting for information who have an investment in making it seems as though it doesn't exist or that we're making it up, I always pause when a key person like the police chief portrays my lack of immediate reaction as "insincere." (Especially when -- again -- I've repeatedly emphasized an overall desire for a process that ensures accountability and efficiency.) I've learned that such a rhetorical turn usually indicates a narrative is forming: in this case it seems to be the "insincerity" narrative. Something like, "Those ladies, they like to make claims, but they never follow up." But we have been put in a position where we need to document nearly every business and consumer interaction in order to protect ourselves. For heaven's sake, we just found out last week that we avoided an incompetency hearing for my mother! (This letter was written before that matter had been decided -- maybe he thought we'd still be overwhelmed by that.) That's the a central goal of a harassment campaign like the one we've endured: complete and utter disruption of a person's life in such a way that is difficult to document and makes him or her seem to be the party at fault. So the Department preemptively does not want to see it as though we're dealing with constant criminal assaults, but are simply insincere and withholding. Wow.

I can see why he admonishes, "Please don't continue to haggle or dispute this department's handling of your complaints, it is just taking time away from determining the validity of those issues you feel we aren't addressing." His emphasis takes legitimacy away from the importance of the process. If I'm just haggling, then apparently I'm not expressing legitimate concerns about Chief Muir's neutrality and the objective handling of my case. Then I'm a haggler, not someone who wants to be assured that if she takes the time to amass piles of narrative and documentation that it's not going to end up in the back of the Police Chief's filing cabinet. Also, since the situation has obviously been completely mishandled, I can see why he would discourage me from continuing to point out inconsistent or discriminatory procedure.

Interestingly, I copied Chief Muir on a letter to our neighbor's landlords dated June 4, but he seems to have never seen it. It was the basis of Sergeant Richardson's contacting me. Strange that even now he has not forwarded Chief Muir a copy of the letter.

I'm also concerned about Chief Muir's ability to accurately interpret clear written communication. In response to my concerns about David Merrill making extortion-like threats, he says that "Threats of legal action or law enforcement investigation is not a threat upon which any criminal charge may be undertaken." But I said clearly:

if my mother did not pay him a certain amount, he indicated that he would circumvent legal channels and sic the police department on us.

Does Chief Muir not understand the meaning of "circumventing legal channels"? The point about Mr. Merrill was that he did not threaten legal action, as would have been appropriate. He should have gone through appropriate legal channels. Instead he said that if he was not paid a certain amount of money, he would call the police, in addition to other threats. He knew that we were fearful of law enforcement's involvement with our harassment at that time -- the threat seemed designed to scare us. As you can see below, I indicate clearly that the problem was that he was not using appropriate legal remedy but threatening to use the police as enforcers for his demand for money.

Then, there are little niggling annoying things. I asked for follow-up on Mom's report filed re: the neighbor's assault. He can't follow up with me because it would violate her privacy. Great -- completely valid. But, why not follow up with her directly? His department's mishandling of the situation contributed to incident's even taking place. One would think that the department could follow up with her within a month's time. And, my asking about it would at least alert them to the fact that our household is interested in the outcome... And might prompt a follow-up. But we haven't heard anything. (Waiting for her to be declared incompetent, perhaps?)

Another thing: he says not to submit evidence that's over a year old. But if it's part of ongoing criminal conspiracy, isn't it still valid/valuable? Or would the state attorney need to handle that? This is where I find the handling problematic. It seems that it's being viewed/handled in the narrowest possible terms, with the least amount of helpful information provided. Of course, it would be lovely to have a civil rights attorney that wasn't for sale. We don't have that luxury yet. But we will. And when that day comes it seems like the Department will want to have lent the appearance legitimacy.

You may ask: why do you take the time to write these posts? Well, if I didn't, I believe the next door neighbors would have remained in full on campaign mode and that Chief Muir wouldn't even be giving me lip service.

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Ok, I admit it. When I wrote this post I hadn't read Chief Muir's letter (sometimes we need a break from all of this) but relied on Mom's report of it. The July 4th vibe got the best of me and I wanted to interpret it through rose-colored glasses. I already knew that I was going to have to keep on my toes and document my socks off. But it's becoming more and more clear that in a situation like this, it's important that our evidence is actually documented and doesn't just end up in the back of someone's file cabinet. I have to say that so far that seems to be the official desire.

I'll be interested to learn what departments are legally required to act on. For instance, if I don't file official reports, is there a lower standard of accountability? It seems like all possible has been done to point me in other directions than filing actual reports, so it seems that I should definitely file them.

Since we reported our neighbor Alain assaulting my mom things have settled down remarkably. That momentary loss of control on his part ended up sort of being a blessing to us.

So: here we go!

from   Kyeann Sayer
date    Wed, Jul 8, 2009 at 5:09 AM
subject    Addressing MPD Issues/Criminal Claims

Dear Chief Muir,

This is in response to your June 29 letter (I typed in the text below). I will also send you a hard copy since you don't respond to email communications from me.

I'm glad that you have shifted from advising me that you will not tolerate my opinions about my treatment by the department to expressing an interest in receiving my claims. Since June 26 the change in the neighborhood has been remarkable -- someone seems to be sending a new message about what sort of behavior is acceptable. It seems that the overall tone of accountability has shifted and individuals no longer feel that they can harass and intimidate us with impunity, which of course is a welcome change.

My concern is not only that my desire to relay information about criminal activity and provide evidence was ignored, but also that a concerted effort seems to have been made to delegitimize my concerns and prevent me from submitting evidence of them to your department.

Sergeant Richardson seemed to have had the singular goal of heading me off before I could provide documentation of criminal activity. He sought to frame my issue as isolated to my unfounded concerns about harassment from my neighbors, while I repeatedly emphasized that I needed the department to send a clear message in the community in general that hate and organized crime directed at my mother and me was unacceptable. He continually instructed me to just relax and enjoy my neighborhood as I implored him to look at the overall law enforcement atmosphere that seemed to condone harassment of us. Ironically, my mother was then assaulted by the neighbor that I initially complained to you about, illustrating that Sergeant Richardson's intervention/conversations with his household did nothing to diminish their impression that it was acceptable to harass us. If he had intervened appropriately to begin with, it is doubtful that my mother would have been assaulted.

Additionally, I find it alarming that your initial response to my understandable concerns about the Department's handling of this issue was to threaten that you would not tolerate my exercise of free speech.

I have some points of clarification. Please explain:
  • Why neither you nor Sergeant Richardson never explained the procedures for filing police or hate crimes despite my repeated requests for guidance.
  • Why you did not explain the procedure for filing an Employee Complaint Form. I clearly believed I was receiving one-sided treatment from Sergeant Richardson, and his mishandling and adamant refusal to take my claims seriously allowed for a continuation of the atmosphere of permissiveness that enabled mother's assault by Alain Goodman.
  • You claim that a general prohibition on contacting the neighbors in any way is not "bizarre." What legal or department procedural policy allows a police officer to instruct a citizen not to communicate in any way with her neighbors -- without indicating which neighbors or citing specific complaints from any of them?  I provided ample documentation of harassment from neighbors to Sergeant Richardson -- has he instructed them not to contact us? Have they provided any evidence or documentation of our supposed harassment of them? My understanding is that I need to file a restraining order against anyone whom I don't wish to contact me, and that I need to have documentation to do so. It seems discriminatory to take their concerns seriously, but not ours -- especially when we are the ones who initiated contact with your department. Please clarify.
  • What was the outcome of *****'s June 26 report of Alain Goodman's assault? Is he prohibited from approaching her? Does she need to apply for a restraining order?
Again, I appreciate your willingness to receive our information. In the absence of clear direction on how to proceed, ****** and I will file individual police reports for scores of incidents over the past few years. We will also provide you and a designated investigator with categorized narrative descriptions of what has occurred so that you are not simply inundated with random reports. Please let me know if you have any other ideas for making sure our reports remain part of our overall hate/organized crime claims and don't slip through the cracks.

It is important to me that you designate another person in the department who will be responsible for reviewing the information in addition to yourself. Again, your initial response and lack of basic instructions about procedures for citizens to file reports indicates to me that it is necessary to widen the net of responsibility for reviewing and acting upon my claims.

I will send you copies of the sixhoursaweek.com blog posts related to the Missoula PD to ensure that the department has a record of them (of course I keep copies of them in case the blog is for some reason hacked into). However, my blog was not created for the purpose of communicating with you or your department. It is in many cases very general and only very partially conveys the criminal activity we have endured in Missoula County. Reading my blog should not serve as a substitute for direct communication with me regarding these matters, and should in no way serve to constitute your full understanding of what we have endured. I will continue to chronicle my relations with the department over these issues, however.

Again, to clarify, I contacted you in a letter about harassment from the Goodmans. Sergeant Richardson responded and I provided documentation of my responses to verbal assaults, harassment and entrapment attempts in the neighborhood. Sergeant Richardon's provided a "blame the victim" response,  stigmatizing my efforts to document the neighborhood harassment. That led to these blog posts below.

I look forward to receiving your responses and moving forward together to combat corruption and hate crime in Missoula.

Kyeann Sayer


June 29, 2009

Dear Ms. Sayer,

I received your e-mail in response to my concerns about your allegations of misconduct by members of this department. I understand your concern that we don't appreciate what the real problem is and that you are simply looking to know who you can give your extensive evidence to.

Please feel free to provide me with copies of any written statements and documented evidence of criminal activity which you have in your possession. Another investigator or I will review all that information and provide you with notice of  our findings and recommendations, if any. I might add that I took the time to review the archives of your blog to familiarize myself better with the situation you believe you find yourself in, so you do not need to provide me with copies of those posts unless you are planning to take down your blog site.

For your information, there is nothing "bizarre" about a police officer giving notice to cease contacts with neigbors and is in fact quite common. The notice is based on a request by any party who feels they are being harassed by another.

At your convenience, you may deliver copies of the above documentation/evidence to me or phone me with a time to have someone from the MPD pick it up. Again my office is open to you at any time with reasonable notice for discussion of your concerns.

Respectfully yours,

Mark Muir

Chief Muir Agrees to Review Evidence!

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fireworks parade 1894.jpgYay. Chief Muir wrote a very conscientious letter indicating that he and another investigator will review our evidence.

Bright side: all of this has been an incredible learning experience and promises to reveal so much about the workings of local and state government. I know how dorky that sounds, but we've been living in this state of helplessness with the never ending COINTELPRO-like life disruption. It not only felt impossible to make any headway with local officials because of the general mistrust engendered by the sheer volume of people who were convinced to make life difficult for us. But also, when dealing constantly in fight or flight mode, it was difficult to get a handle on how to advocate for ourselves in spite of the overall terror/harassment. Until last week, I had no idea how to file a police report or make a report to the health department. Today I do.

Now just being aware of some of the local laws that individuals have broken, and the steps to take to remedy them, is empowering. There were probably many things that we could have done to make the harassment more difficult, and to create accountability, but we didn't know them. If we didn't, then I don't think many people do have much of a handle on how to advocate for themselves.

If I hadn't been creating some form of public accountability through my blog, I might not be in the position to get at least lip service to a genuine look at what we've been through in this jurisdiction. We know what a sorry state the world would be in if only windbags with blogs got a hint of justice. (Why reporters haven't long ago exposed a fraction of the people who have attempted to mess with us is a question deserving serious consideration.)

There's a ton of work to be done! We have these rights because we are American and if we don't know how to claim them we are just screwed by the greedy and brutish. This Independence Day I am grateful to be in this beautifully imagined but imperfect country, getting up everyday and giving substance to the notion of inalienable rights. For the foreseeable future that will mean trudging through slow, long legal and law enforcement processes. 

Again, I hate to be cheesy, but there is something really beautiful about the idea that all of our sufferings and efforts might make things easier for another Montanan or other American. I am typing now because others have fought and died and suffered much more terribly than I ever have -- on the battlefield and in the struggles for free speech and civil liberties/rights. It's humbling to think that maybe a small bit of our efforts will enable some woman or man to suffer in front of the future's version of a keyboard generations from now. Or help those who don't know that luxury.

~~

jefferson.jpgSee the email exchange with the Chief of Police below. (The image to the left represents his efforts to squelch the exercise of First Amendment rights -- it was the best one I could find. I am not comparing myself with Thomas Jefferson, for those who still like to spin the need to write about all of this as megalomania. I'll take suggestions if there's a better one out there.)

Sorry to be repetitive in this post. When obvious facts/concerns are being completely ignored, it's hard to know what to do other than find a variety of ways to state them.

This is such a surreal Catch 22. The message we're getting is: "We have found no evidence of wrongdoing against you. At the same time, we have ignored your multiple requests to provide the appropriate information, so we don't have any evidence. Therefore, we conclude that no wrongdoing has occurred."

Seriously? I made clear all along with Sergeant Richardson that contacting the Department was a first step, and that I wanted to work with them in an ongoing way and provide information. I requested repeatedly how to do that. Hello? No one there even knows exactly what we believe should be investigated. How can they make conclusions that nothing illegal has occurred when they haven't heard from us exactly what has occurred?

Mom was harassed again this morning due to the Department's failure to properly address one aspect of our situation... And I get accusations about treading on libel and making false accusations. Free speech exists so that citizens like me can speak out about ridiculous situations like this. I am dumbfounded by the "libel" approach.

I'm sorry -- I can't get over the continued lack of acknowledgment that we have begged to find out how to provide them with the evidence they need to properly investigate. Or any expression of desire to receive relevant information from us. Wow.

Was I not clear in message after message that the PD has only a tiny fraction of the relevant information and we just want to know how to provide it to someone who is not intent on blaming us? I don't know how many more ways to say it. Why does the department need to frame it in terms of deciding whether or not there is criminal activity at the outset, rather than making an informed determination based on the evidence we provide?

Doesn't anyone at the City realize how weird it looks that they so don't want any information? 

I guess we just provide all of the evidence and documentation without guidance on how they would like to receive it? We wanted to make their jobs easier. Ignoring non-evidence is apparently very easy -- ignoring actual evidence will be more difficult, I think.

(Also -- interesting that Chief Muir gave his "professional opinion" about libel and not one of the City Attorneys copied on the message... I guess I was meant to be scared into quieting down by someone who is not professionally obligated to provide legitimate "professional opinion" on legal matters?)


Thu, Jun 25, 2009 at 4:57 PM
Re: Threatening Behavior from Alain Goodman This Morning

Chief Muir,

The issue is not that I have provided the evidence and no credible public employee has "found" anything within it -- the issue is that no one seems to want to receive evidence and documentation from us. Are you not understanding that I have extensive evidence of criminal activity that I would like to provide? I have asked perhaps six times now how I may succinctly and helpfully provide information so that proper investigations may take place. I have to wonder why the department does not what the information. Can you please clarify that issue?

The claim about libel is frankly absurd. The email exchange with Sergeant Richardson quite adequately backs up my interpretation of his response -- I am absolutely allowed to express my opinion about his completely one-sided response to our concerns. We are protecting ourselves through blogging because we have not received protection from your department. Threats about libel will not prevent me from continuing to pursue my rights -- including my right to free speech.

I have made multiple 911 calls about stalking and harassing behavior since September and told at least four officers on the scene that we have been dealing with stalking and harassment. No follow up was made. On February 5, Officer Chris Kanaff was very responsive and helpful in heading off suspicious characters who were parked in front of our home in the middle of the night. I told him that it was a chronic problem. There has been an endless stream of suspicious characters since then. If I call 911 every time it happens, I lose all credibility. We do have extensive documentation of the license plates of those who have exhibited suspicious behavior. We would love to provide it.

If Sergeant Richardson had responded appropriately about the concerns about the Goodmans outlined in the June 4 letter that you were copied on, and not attempted to blame us, perhaps Mr. Goodman would not have frightened my mother this morning. Clearly Sergeant Richardson sent a message to the Goodman household that we are in the wrong, and Mr. Goodman felt complete license to scream at her. Is this how you protect concerned citizens in your city? The problem isn't my exposing how your department is handling these issues. The problem is how they are being handled.

I still would like to know exactly how the Department is going to address the issues of organized crime, hate crime and harassment that we have endured in the city, and now this new threatening behavior from the neighbors. If you are not going to inform us by email, please send me a letter. Also, again, we have extensive documentation of organized crime, hate crime, and harassment, and deserve contacts at the city and county who are willing and able to genuinely investigate. As you continue to ignore it, we will have no choice but to pursue our safety and rights with state and federal agencies that are willing to take a genuine interest.

Also -- is Sergeant Richardson's bizarre instruction not to contact our neighbors (we still don't know which) still in effect even though it's clear that the problem is that individuals like Alain are harassing us? Do you want us to tie up the emergency line every time something like that happens? Would it not be appropriate to take a more proactive approach that prevents the situation from escalating to a hostile or emergency situation? Is the city not liable for not taking appropriate action?

We deserve protection from your department as much as any other resident. Please let us know how you are going to provide it.

Additionally, to clarify, Sergeant Richardson responded to the June 4 letter and that is why I did not return your return of my June 8 phone call. Though I called his direct line rather than 911 this morning when the incident with Alain occurred, we have made it clear that we have no desire to work with Sergeant Richardson -- if he had not been so one-sided in his handling of this my mother would have had a much less frightening morning.  As indicated in an email from earlier today, she would like to file the appropriate report about Mr. Goodman's morning tirade. Please provide a contact other than Sergeant Richardson so that she may do so. Someone other than Sergeant Richardson may phone her at ***-****.

Thank you,

Kyeann Sayer
- Hide quoted text -




On Thu, Jun 25, 2009 at 1:24 PM, Mark Muir <mmuir@ci.missoula.mt.us> wrote:

Dear Ms. Sayer,

 

This email will be the last electronic communication you will receive from the Missoula Police Department.  Upon my order any police employee who is requested to communicate directly with you by email will be advised to contact me.  I will telephone you (as I have tried numerous times with no call backs) whenever you may need assistance outside the scope of the current matters.  Any emergency matter requiring assistance from police can be communicated through 9-1-1.

 

You are not under any form of investigation by the Missoula Police Department and Sgt. Richardson has been ordered to cease any further activity with regards to your assertions that I find on your blog.  I have reviewed that information and spoken with my highly credible staff to determine that they have done everything they can possibly do to convince you that no criminal activity is afoot and that you have not provided any credible evidence of hate crimes being committed against members of your household.  Feel free to continue those assertions to federal authorities if you object to my finding.

 

Furthermore, it is my professional opinion that you are potentially treading on libelous accusations about members of the Missoula Police Department and I encourage you to address any further opinions about police services to me.  I will not tolerate you making patently false accusations in a public forum about the character and actions of officers within this department.  My office is available to you upon reasonable request to personally discuss your feelings about the departments failure to understand your concerns.

 

Respectfully yours,

 

Chief Mark Muir

Missoula Police Department

435 Ryman Street

Missoula, MT 59802

Six Hours A Week Is:

A coping strategy, advocacy outlet, and form of protection. My life has been nearly destroyed by the unconstitutional practices of politically/socially-motivated private intelligence contractors and the corruption and cronyism that allow them. Apparently because I speak out in ways that prioritize the little guy and human and environmental health above gargantuan profit margins, and believe that facts are as important as PR spin, I was someone who had to be completely discredited. In 2007, after a few months of a surreal and relentless invasion of privacy and dignity, I started to spend six hours each week researching, communicating about, and advocating legal and ethical responses to assaults on our shared democratic and republican ideals. For most of that time I was writing from the perspective of someone whose life was manipulated into a constant state of terror and emergency. In 2010, many of the array of entrapment attempts seem to have failed and it seems no longer possible to get away with such excessive, obvious harassment and overt interference. As we take more practical steps to address what has been allowed to happen to my family, we do expect to see some more harassment and intimidation. But I should be able to chronicle it from a more measured perspective, rather than that of someone in constant fear. Part of me would like to go back and delete earlier posts, because even I find them hard to relate to in some ways. But this blog has been one of our only forms of protection as everyone in any official capacity ignored the truth and tried to spin and frame us into the troublemakers and perpetrators of one form or another. So I leave it up as a form of protection, a record of what has occurred, and (with luck) the account of our way back to credibility and some form of legitimate justice. All content on this site is property of Kyeann Sayer. All rights reserved.

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