PPD 2009-08-26
Fitzpatrict Stadium, Portland, Maine
2008-12-01
Work in Progress
Updated May 18, 2009
Criminal complaint was made to Lt. M. Sauschuck, supervisor of Officer K. Haley, at the Portland Police headquarters Sunday morning April 19, 2009.
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Portland Deering Football pre game
November 27, 2008 Thanksgiving
At the Portland -Deering football game November 27, 2009, I was ordered to leave the area and ended up arrested for disorderly conduct.
With hundreds, perhaps thousands of ears to the contrary, Portland police oficer Kevin Haley falsely swears in Portland Police Department Incident Report. 11/27/200811:07 Case* 01-08-012733. Title 17 -A § 452 false swearing a class D crime.
Will the 3 other police officers say the same story?
You would think there would be a great number of parents lining up to testify against me in court for using profanities like he, Haley, said I did. What happened to prosecution?
First court appearance was December 18th, 2008, 8:30 am, Superior Court, Portland ME. I was not listed. I was not charge by the Cumberland County DA's office and not brought before the court to plead not guilty.
Actually on December 3, 2008, it was decided by the DA's office "no further action" would be taken. Was I notified of this action? No. Then there is the lawyer I hired.
On This Page
A. Michael J. Dee’s CRIMINAL COMPLAINT AGAINST PORTLAND POLICE
B. MY VERSION OF MY ARREST
C. CUMBERLAND COUNTY DISTRICT ATTORNEY NO COMPLAINT/RESUBMIT FORM
D. Portland Police Department Incident Report
Report 11/27/200811:07 Case* 01-08-012733
E. 17 -A §452. Sworn falsification
F. 17 § 501-A. Disorderly conduct
G. NOTICE TO GOVERNMENT ENTITY
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A. Michael J. Dee’s Criminal Complaint
A
This complaint was made to Lt. M. Sauschuck, supervisor of Officer K. Haley, at the Portland Police headquarters Sunday morning April 19, 2009.
Michael J. Dee’s Criminal Complaint
Against Portland Police Officer Kevin Haley
I, Michael J. Dee claim Portland Police officers Kevin’s Haley (1526) and Charles Libby (8245) knowingly made false statements in the Portland Police Incident Report to justify my arrest for Disorderly Conduct. Case # 01-08-012733 on November 27, 2008.
Officer Haley, et al, have violated Title 17 -A § 452 false swearing a class D crime. The Portland Police Incident Report is a sworn document. Officer Haley et al have willfully made these false statements with the intent to deceive a public servant, ADA Tracy Bardwell, as well as the Judge. The ADA took no further action against me on December 3, 2008 but probable cause for my arrest was sustained and Haley’s statements were considered to be true.
Officer Haley alleges he “was approached by an adult female at the front gate on Deering Ave. side. The female complained that a male….was yelling profanities. at loud while children walked by with their families.” If officer Haley was at the front gate, as he claims, he was about 50 feet away from me. How could he not hear me “yelling profanities at loud” and not know what were they? Officer Haley alleges he “observed Dee who was standing on a sidewalk across from the gate, at the end of a busy cross walk.” Officer Haley alleges I was on a pedestrian filled sidewalk / cross walk. I was not on the side walk. This would be crime 17 -A M.R.S.A §505. Obstructing public ways.
The conversation between Officer Haley and I, as he described it, did not occur. He did not say someone complained about my language. He did not say good morning. He did not ask for identification. He did warn me about disorderly conduct for swearing in public. He did not ask me to move across the street. If I was yelling profanities at him, than hundreds, thousands of people would know why I was arrested. And since I was not yelling profanities the people only know that I was arrested for being a marijuana protester.
There are witnesses at the Stadium that can be found. Officer Haley mentioned Stadium security personal. There are witness at the ticket booth. If I was “yelling at loud” the “F” word, as officer Haley says I was, then the people in the ticket booth must of heard such profanity. People in the stadium must of heard Dee “yelling at loud” the “f” word. Dee believes Larry Littlefield at 874-8200 Ext. 224 is the person to contact to find out who was working at Fitzpatrick stadium that day. 11/27/2008 at 1000HRS.
Saying I was put in the “Tank” at the county jail did not occur. Contact the individuals at the jail who processed me in and offered me thanksgiving dinner, and the Sergeant who processed me out.
The people may have thank Officer Haley for having me removed but it was not for my yelling profanities at him in front of little kids, especially using the “f” word. It was because of the issues I presented, marijuana and the Bill of Rights.
Dated April 18, 2009
Michael J. Dee
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B
MY VERSION OF MY ARREST
Michael J. Dee’s STATEMENT of his arrest.
(Submitted with complaint)
In a public area on Thanksgiving day, November 27, 2008, approximately 0945 hours, I stood on the curb in an isolated area on the corner of a side street and Deering Ave., across from the front gate ticket office at Fitzpatrick Stadium, in Portland, Maine.
There is no side walk where I was standing. I was not blocking pedestrian traffic or standing in the street interfering with vehicle traffic. I had my signs and I was speaking in an elevated voice to the people going to the football game, about the marijuana laws. I was asking the question: why is marijuana illegal? I was telling people why marijuana was still illegal. I was exercising my 1st Amendment rights to communicate with the people going to the football game in a public forum.
After about 10 minutes, two Portland police officers came out of the Stadium area and approach me. I believed these police officers had no justification to approach me because I was not interfering with the rights of other in a public place.
The first cop, K . Haley said I should of said good morning to him as he got into my face. He said it again. I told him I did not have to say good morning to him. I told the first cop that I did not have to speak to him and he said I was right as I turned and step away. Without justification, officer Haley said I would be arrested if I did not leave the area in 5 seconds. I turned to leave to cross Deering Avenue and I said “asshole” in a normal voice and Haley jump on me from behind and secured my arms. The second cop said something about the kids being present. I believe nobody else was within 10 feet of us.
The second cop told me to let go of my sign as the American flags were dragging on ground. I was pushed across the side road towards the Stadium fence push against it. I was not yelling profanities. There was a third cop securing my right arm, trying to send it up my back. and pushing my head into the fence. The 1st cop was trying to put the cuffs on my left wrist.
I saw his sign and flags on the ground and said something The second cop said I disrespected the American flag. The last time I saw my flags was in the second cops right hand. The second cop also said something it was inappropriate to do what I was doing in front of the kids.
As my head was pushed into the fence, the first cop went through my wallet said something demeaning about my having a V.A. Card. The second cop slandered my name by saying I was drunk. A 4th Portland Police Officer was observing on the other side of the fence. We made eye contact.
Dated April 18, 2009
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C
CUMBERLAND COUNTY DISTRICT ATTORNEY NO COMPLAINT/RESUBMIT FORM
MICHAEL DEE 12/18/200808:30 NFA
Defendant Arraignment Date , December 03, 2008
Returned by Dept.
Charge Disorderly Conduct
Date of Violation 11/27/08
Tracy Bardwell Reviewing ADA
On 12/03/2008 at 03:35 PM Entered by: TB - Tracy Bardwell NFA
Probable Cause Sustained No Further Action
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I was standing on the curb and brown grass on the left.
The cop alleges he was at the front gate by the green building on the right.
D
Portland Police Department
Incident Report
Report 11/27/200811:07 Case* 01-08-012733
Topic ORIGINAL NARRATIVE
ON 11-27-08 AT 1000HRS, I, OFFICER K HALEY WAS ON AN OVERTIME DETAIL AT FITZPATRICK FIELD, 140 DEERING AVE. I ALONG WITH OTHER OFFICERS WERE ON THE DETAIL FOR THE THANKSGIVING DAY FOOTBALL GAME LOCATED AT THE FOOTBALL FIELD.
THE EVENT IS A FAMILY EVENT THAT IS ATTENDED BY THOUSANDS EACH YEAR.
I WAS APPROACHED BY AN ADULT FEMALE (UNKNOWN AT TIME OF REPORT) AT THE FRONT GATE ON THE DEERING AVE SIDE. THE FEMALE COMPLAINED THAT A MALE LATER IDENTIFIED BY A MAINE PHOTO LICENSE AS MICHAEL DEE 01-01-51 OF NORTH WINDHAM, WAS YELLING PROFANITIES AT LOUD WHILE CHILDREN WALKED BY WITH THEIR FAMILIES.
I OBSERVED DEE WHO WAS STANDING ON THE SIDEWALK ACROSS FROM THE GATE, AT THE END OF A BUSY CROSSWALK WITH CITIZENS ATTENDING THE GAME. DEE WAS YELLING "LEGALIZE MARIJUANA". I DID NOT HEAR HIM SWEAR, BUT I APPROACHED HIM TO ADVISE HIM OF THE COMPLAINT. I SAID GOOD MORNING TO DEE AND HE REPLIED "GO FUCK YOURSELF GET AWAY FROM ME...IM NOT DOING ANYTHING WRONG." I ASKED FOR IDENTIFICATION AND HE YELLED "FUCK YOU I DONT HAVE TO GIVE YOU ANYTHING.... (THEN YELLED) THE POLICE ARE HARASSING ME."
I WARNED DEE FOR DISORDERLY CONDUCT AS SEVERAL CITIZENS AND THEIR SMALL CHILDREN WERE WALKING BY AND HEARD DEE. SEVERAL PARENTS WERE COVERING THE EARS OF THEIR CHILDREN SO THAT THE KIDS WOULDNT HEAR DEE.
DEE WAS BEING LOUD , OBNOXIOUS AND RUDE, YELLING TO THE CROWD WITH THE KIDS" TRY MARIJUANA..ITS GOOD FOR YOU OUR COUNTRY SHOULD LEGALIZE IT." ASKED MR DEE IF HE WOULD MIND MOVING TO THE OTHER SIDE OF THE STREET, TO PROTECT THE YOUNGER KIDS FROM HEARING HIM. DEE WAS PROMOTING THE USAGE OF MARIJUANA STANDING ON SCHOOL GROUNDS. DEE SAID " FUCK YOU THIS IS BULLSHIT YOUR JUST A FUCKING ASSHOLE!". I HAD WARNED DEE FOR SWEARING IN PUBLIC. DEE WAS ARRESTED WITHOUT INCIDENT. DEE WAS ARRESTED FOR DISORDERLY CONDUCT.
OFFICER BLACK ARRIVED AND TRANSPORTED DEE TO CCSO WHERE HE WAS PLACED IN THE TANK DUE TO BEING UNCOOPERATIVE.
THIS INCIDENT WAS NOT RECORDED.
SEVERAL CITIZENS AS WELL AS SECURITY AT THE FOOTBALL GAME THANKED ME FOR REMOVING THE DISTURBANCE DEE HAD CREATED.
Reporting Officer
Kevin Haley (1526)
Charles Libby (8245)
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E
17 -A §452. Sworn falsification
http://www.mainelegislature.org/legis/statutes/17-A/title17-Asec452.html
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§452. False swearing
1. A person is guilty of false swearing if:
A. He makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made and he does not be-believe the statement to be true, provided
(1) the falsification occurs in an official proceeding as defined in section 451, subsection 5, paragraph A, or is made with the intention to mislead a public servant performing his official duties; or
(2) the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or [1975, c. 499, §1 (NEW).]
B. He makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this subsection, it need not be alleged or proved which of the statements is false, but only that one or the other was false and not believed by the defandant to be true. [1975, c. 499, §1 (NEW).]
2. It is an affirmative defense to prosecution under this section that, when made in an official proceeding, the defendant retracted the falsification in the course of such proceeding before it became manifest that the falsification was or would have been exposed.
[ 1981, c. 317, §14 (AMD) .]
2-A. In a prosecution under subsection 1, paragraph A, evidence that the allegedly false testimony or statement in the prior official proceeding or before a notary or other person authorized to administer oaths was contradicted by evidence in that proceeding may not be a sufficient basis by itself to sustain a conviction for false swearing. [ 1983, c. 450, §3 (AMD) .]
3. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not a competent witness in making the statement or was disqualified from doing so. A document purporting to be made upon oaths or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
[ 1975, c. 740, §63 (AMD) .]
4. False swearing is a Class D crime.
F
Maine Law 17 § 501-A. Disorderly conduct
1. A person is guilty of disorderly conduct if:
A. In a public place, the person intentionally or recklessly causes annoyance to others by intentionally:
(1) Making loud and unreasonable noises;
(2) Activating a device, or exposing a substance, that releases noxious and offensive odors; or
(3) Engaging in fighting, without being licensed or privileged to do so; [2007, c. 144, §3 (NEW).]
B. In a public or private place, the person knowingly accosts, insults, taunts or challenges any person with offensive, derisive or annoying words, or by gestures or other physical conduct, that would in fact have a direct tendency to cause a violent response by an ordinary person in the situation of the person so accosted, insulted, taunted or challenged; [2007, c. 144, §3 (NEW).]
C. In a private place, the person makes loud and unreasonable noise that can be heard by another person, who may be a law enforcement officer, as unreasonable noise in a public place or in another private place, after having been ordered by a law enforcement officer to cease the noise;or [2007, c. 144, §3 (NEW).]
D. In a private or public place on or near property where a funeral, burial or memorial service is being held, the person knowingly accosts, insults, taunts or challenges any person in mourning and in attendance at the funeral, burial or memorial service with unwanted, obtrusive communications by way of offensive, derisive or annoying words, or by gestures or other physical conduct, that would in fact have a direct tendency to cause a violent response by an ordinary person in mourning and in attendance at a funeral, burial or memorial service. [2007, c. 144, §3 (NEW).] [ 2007, c. 144, §3 (NEW) .]
2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Public place" means a place to which the public at large or a substantial group has access, including but not limited to: (1) Public ways as defined in section 505;
(2) Schools and government-owned custodial facilities; and
(3) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals. [2007, c. 144, §3 (NEW).]
B. "Private place" means any place that is not a public place. [2007, c. 144, §3 (NEW).]
[ 2007, c. 144, §3 (NEW) .]
3. Disorderly conduct is a Class E crime.
[ 2007, c. 144, §3 (NEW) .]
I lost these two signs and the cross on which they were attached with two American flags.
4th AMEND was placed over the word CIVIL.
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G. NOTICE TO GOVERNMENT ENTITY
First step to seek damages for deprivation of rights under the color of law that occured November 27,2008, Thanksgiving Day at Fitzpatrict Stadium Pre game Portland Deering.
On May !8, 2009 The following Document was mailed by Certified Mail to the City Clerks Office
City of Portland,
398 Congree St. Rm.203
Portland, Maine 04101
NOTICE TO GOVERNMENT ENTITY
14 M.R.S.A. § 8107
A. CLAIMANT
Michael J, Dee
PO Box 2021
786 Roosevelt Trail Cabin 5
Windham, Maine 04062
(207) 893-9287
B. STATEMENT OF THE BASIS OF THE CLAIM
On Thanksgiving day November 27, 2008, around 10AM at Fitzpatrick Stadium, 140 Deering Avenue, Portland, Maine, I was unlawfully ordered by Portland police officer Kevin Haley to leave the area. I was falsely arrested for disorderly conduct for expressing my opinion of that unlawful order.
I claim Portland police officer Kevin Haley (1526) contravened my First Amendment rights to peaceably assemble to exercise my right to freedom of speech in a public area. This was to stop me from expressing my opinion about the marijuana laws to people of all ages. I claim under the color of law I was unreasonably deprived of my rights to personal liberty, personal security and private property secured by the First, Fourth, Fifth and Fourteenth Amendments of the Constitution of the United States.
CIRCUMSTANCES GIVING RISE TO CLAIM
In a public area on Thanksgiving Day, November 27, 2008, approximately 0945 hours, I stood alone in a no parking zone, on the curb near the corner of a side street and Deering Ave. This was across the street from the front gate ticket office at Fitzpatrick Stadium, in Portland, Maine.
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There is no side walk where I was standing. I was not blocking pedestrian traffic or standing in the street interfering with vehicle traffic. I had my signs and I was speaking in an elevated voice to the people going to the football game, about the marijuana laws. I was asking the question: why is marijuana illegal? I was telling people why marijuana was still illegal. I was exercising my First Amendment rights to communicate with the people going to the football game in a public forum.
After about 10 minutes, two Portland police officers came out of the Stadium area and approach me. Portland Police Officer Kevin Haley had nothing official to say to me but I should of said good morning to him. I said I did not have to speak to him and I turned away. Officer Haley, without justification, gave an unlawful order for me to leave the area or I would be arrested. Without raising my voice I said “asshole” as I turned my back to him. I was grab from behind and forced across side street into the stadium fence. I was arrested for disorderly conduct. I believe it was not an unreasonable response for me to describe Officer Haley as an asshole for giving an unjustified, unlawful order. 17 -A § 501-A 1. A. (1).
On December 03, 2008 ADA Tracy Bardwell issued a “no further action” to be taken in the NO COMPLAINT/RESUBMIT FORM. Probable cause for my arrest was sustained based on the POLICE INCIDENT REPORT.
I received these two above documents at the end of March 2009. On April 19, 2009, I went to Portland Police Headquarters and filed a criminal complaint with officer Haley‘s Supervisor, Lt. Mike Sauschuck, I.A. -09-02. I, claimed Portland Police officer
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Kevin Haley (1526) knowingly made false statements in the Portland Police Incident Report to justify my arrest for Disorderly Conduct on November 27, 2008. Case # 01-08-012733. I alleged Officer Haley violated Title 17 -A § 452 false swearing, a class D crime. Officer Haley did this even thou there were hundreds of people watching. There were perhaps thousands of witnesses who never heard me yell profanities at Officer Haley as he describes it in his Incident Report.
Since I was not yelling profanities the people only know that I was arrested for being a marijuana protester. The image he gave to the public was intimidation and fear.
I did not receive my day in court. I did not have opportunity to prove the statement in the police report were false. The ADA Tracy Bardwell kept Officer Haley off the witness stand by taking no further action.
C. GOVERNMENT EMPLOYEE
Kevin Haley (1526)
Portland Police
109 Middle Street
Portland, Maine 04041
(207) 874-8479
D. STATEMENT OF INJURY
1. Libel
To justify my arrest, Police officer Kevin Haley willfully made false, malicious statements in the Police Incident Report, a sworn document, to justify my arrest. This report is libelous and damaged my reputation. Being falsely arrested was malicious and political in nature and was defamation of my character in public.
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2. Deprivation of Rights.
Portland Police Officer Haley’s conduct caused unreasonable and unreparable injury to my rights secured by the First, Fourth, Fifth and Fourteenth Amendments of the United States Constitution. Under the color of law Officer Haley deprived me of my rights to personal security, personal liberty and private property. Title 18 U.S.C. section 242.
The term 'direct injury' is there used in its legal sense, as meaning a wrong which directly results in the violation of a legal right. 'An injury, legally speaking, consists of a wrong done to a person, or, in other words, a violation of his right. Alabama Power Co. v. Ickes, 302 U.S. 464, 479 (1938)
3. Emotional Distress.
4. Loss of personal property.
E. MONETARY DAMAGES CLAIMED
Total $400,000
1. COMPENSATORY DAMAGES
$ 400,000.
a. Libel $149,205
b. Emotional Distress 149,205
c. Attorney fees. 1,500
d. Cost of Property 50
e. Bail Bond 40
2. PUNITIVE DAMAGES
Punitive damages, the difference between the total damages claimed, $400,000 minus Compensatory Damages awarded. Punitive damages are intended to punish the Officer Haley and to discourage the
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conduct of the type Officer Haley engaged in.
a. Deprivation of Rights under the color of law.
b. Falsifying Sworn Documents.
Dated: May 18, 2009
Michael J. Dee
PO Box 2021
786 Roosevelt Trail
Windham, Maine 04062
(207) 893-0287
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