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Indybay Feature

Sgt. LeMoss #114 Santa Cruz PD breaks arm of 60 year old disabled woman without cause

by Donna Deiss Yovino (spiritdancerocean [at] yahoo.com)
At Santa Cruz parking lot A on West Cliff Drive, on Friday May 9, 2008, Sgt. C LeMoss twisted and broke the right humurus arm bone of a 60 year old disabled woman for entering her RV and attempting to close the door.
donna.jpg
Sgt. LeMoss badge # 114 of the Santa Cruz PD appeared suddenly at Lot A on West Cliff Drive wearing all black in an unmarked car ~5:30 PM on Friday May 9 in front of a random group of homeless and others. He said he wanted to talk to everyhone and his attitude was extremely repugnant and mean. I am a friend to the the kids that hang out here and try to be a good frined and role model as this lot has been the last place of refuge for many youth who have been routinely detained and harrassed downtown Santa Cruz. I am 60m years old and a permanently disabled marine pipefitter, 5'2", erst yhivk hlsddrd snf need a hearing aid but cannot afford one. My disabilities include lower back, hip surgery 1 and a half years ago, chronic depression, arthritis and bone spurs in my neck and left knee, as well as a broken left femur. I am known as an activist in the Santa cruz community regarding tenants rights and homelessness.

Two SCPD had showed up the morning before with complaints about dogs off leach etc. none of which have anything to do with me. I went to my RV to put sugar in a half paper cup of lukewarm coffee. I grabbed the slanted handicap grabbar on the right side of my doorwary as the step is missing and it takes strenth to step inside as it is about three feet up. As I reached behind me to close the door, Sgt LeMoss pinched and deliberately broke my upper right arm twisting my arm behind my back and throwing me out of the RV against the car parked next to me, spilling coffee on my skin, tank top, the yellow 280 Z parked next to me and on my white Sunrader RV. He put me in handcuffs althogh I screamed my arm was brohen, but he threw me onto the blacktop and put his boot on my chest swinging his billy club and hitting me while threatening all others from helping me with his billy club. I screamed for 20 or 30 minutes before anyone would call 911 and was taken to Watsonville Hospital wher xrays claearly show a fracture of the top of the right humurus bone. After 5 days the bruises are still dark purple and I am scheduled to see an orthorpedic surgeon for surgury tommorrow.

First the other 6 cops who arrived after I was already in handcuffs siad there was an anonyumous tip that people wer smoking pot outside in the lot. Secondly SCPD said it was a drug sting. NO mariijuana or other drugs were found. Many showed their medical marijuana carrds and IDs as is routinely done by officers downtown.Never has an entire group of people who happen to be in a particular lot at the beach. I am charged with resistting arrest, battery on a police officer and mrijuana although nothihg was found. After I was taken away, White Dove, also 60 was arrested for throwing her paper coffee cup as 2 pot pipes were found in the trash.

Sgt. LeMoss insisted on my being put in jail but the admiitting sheriff refused as x-rays showed my srm was broken and no paperwork was sent from Watsonville Hospital.

Santa Cruz citizens voted that marijana be lowest on the list of priorites adn 75% voted for Prop 215. There are gangbangers, meth labs, drunks and heroin addicts in Sant Cruz. Shouldn't they be considered more serious crimes? Why would a SCPD sergeant deliberately break my arm robbing me of any future. I am a writer, swimmer, drummer, pianist and cannot drive and am alone.
Please write and call and bring down the lethal activities of the SCPD.
§closeup of her arm
by Donna Deiss Yovino
fullcont.jpg
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Comments (Hide Comments)
by overthrow
Who was it that threw the coffee at the cop, was it Donna or White Dove? The two threads on this site seem to have conflicting information?

Sorry to hear about your pain and suffering, Donna...

by Robert Norse
LeMoss accuses Donna of throwing coffee at him. On Donna's original ticket, only two charges were made--"battery" (the alleged coffee incident) and "resisting arrest". The three-days-later police press release ("60 Year Old Homeless Woman Says Police Broke Her Arm" http://www.indybay.org/newsitems/2008/05/10/18498341.php) announced the new "possession of marijuana" charge.
by Non-credible
Roberts first article clearly state that Donna knew it was a cop, read him some ACLU statement, and declined to stay in place when told to by the cop. Robert argued that she wasn't charged with anything, so didn't have to stay, but there was no disputing that she knew what was up and that it was a cop.

......but now in this later recounting of events, Donna makes it sound like she wasn't even talking to the cop, didn't know he was around, and makes it sound like he suddenly just appeared and attacked her.

In Donna's radio interview with Robert, which is pretty detailed, she said the cop threw her to the ground and put a foot on her back. A second interviewee (Greg) also says it was her back.

.....but now in this recounting, Donna says it was her chest.

In Donna's radio interview, 4 people are interviewed, but not one mentions the cop using a billy club on her. Greg specifically says he pulled it out and waved it in a threatening manner, but none of them, including Donna, claim he struck her.

...but now she's adding in that he struck her with a billy club?

In the radio interviews, Greg acknowledges that people were smoking pot, and the cops say they found pipes in the trash, and that's why they were called there in the first place. Greg says "Even though there was illegal activity going on.".

..but Donna's now saying that there was no pot, that she has no idea why they were there, that she and her friends were only talking (per her radio interview) and this all came out of the blue. (And Robert is now claiming that they added the pot charge 3 days later, even though his interview with Greg occurred 2 days later, and clearly states that pot was being smoked, and that the cops confiscated paraphenalia? How are the cops operating under a pretext of looking for marijuana when those involved acknowledge they were smoking it?)



Donna appears to be changing her story to bolster her case. I don't find her credible. She should have thought about her story the first time before she put it on public radio as evidence that she's changing the story to suit her needs. Now that there are two versions, it only lessens the validity of her entire claim.



by overthrow
OK, that makes more sense. Donna threw the coffee pot at the cop, but it was White Dove who threw a coffee cup away, and because of that, the cops assumed that the pipes they found in the trash must have been White Dove's. Why blame her, probably some of the other people hanging at Three Trees threw their pipes away when they saw the cops come, so there's no reason it was necessarily White Dove's? What if a passerby had just happened to throw their trash away and the cops found pipes and blamed in on them? Seriously, this is the kind of thing that can happen to anyone in a police state!

Three Trees is a special spot and generally a "free smoking zone", why are the cops cracking down on it now?

by Like fantasy island?
I hate to be the one to break it to you, but a personal decision by you or a group of vagabond friends that an area is a "free smoking zone" doesn't necessarily resonate with the rest of the townfolk.....and certainly not the cops.

by Sam
Does anyone realize that all these conflicting stories, being posted right here, could be used as evidence AGAINST her? If she gave a statement to the police, and then they compare it to these "interviews" they can show inconsistency in her story. That could be bad for HER. It would make her testimony look unreliable.
In their fervor to get the story out there, Robert and Becky may have just painted her a liar and revisionist.
by Sum Dim
For once, I'm going to defend Robert and Becky and say that Donna has painted herself a liar and a revisionist, with no assistance from them. Of course, having Robert and Becky chiming in on this is not going to help matters for anyone. As usual
by Tim Rumford
The first story was written by Robert, from his account of her phone call to him, and he openly said on air, that he had no real evidence yet, and he wrote only her statement, as he had not even spoken to her. He only had the message. He played the phone call. People were waiting for Donna's statement to pass any judgment of what happened. Although I think many including me could find littler made it OK for having her arm broken. Now we have her side while she is not under the duress of arrest, hospitalization and possible jail.

For me, its not about it being a "free smoke zone". Thats not what this is about. It is an issue, but for another post. What is at issue is if the officer acted correctly. Her first account was given during duress. So I could see how some of the facts would take time to get straightened out. However, I have known better than to smoke on West Cliff drive since I was a teenager. So that is a choice, if they get busted legitimately -- I would have little concern accept why are our officers wasting their time on small time pot smokers. A ticket offense.
What does bother me , regardless of miss remembered or even skewed facts, none of that accounts for this officer breaking her arm. So now the County gets to pay for the hospital, the case, and maybe restitution -- and for what? If an officer asks to talk to you, he is asking, not demanding. Did he yell "stop your under arrest!"? I would say she could have handled it better and asked if she was free to leave. However, I see nothing, even if half of this is wrong, that accounts for the officer doing what he did. She was not a threat to anyone. Had no weapon and they know who she is.

I think its a bit sad that people think its ok for this to happen. With all the child abduction, murder, assaults, rape and gang issues, the police should have plenty to do. But even if you think smoking pot on the Cliffs, which she says she wasn't doing, is a crime worthy of arresting someone for -- it is not ok for an officer to take down a 60 year old woman in this fashion. Its just wrong. Had she pulled a gun, had she been wanted for... murder, but for this there is no justification.

The police NEVER admit to being wrong. They investigate themselves. I can't think of one case ever in SC where an officer admitted to using excessive force and we all know it happens in every city in America.

So it is up to us to demand they stop acting in such a manner. We should not have to fear the police. They are supposed to be here to protect us, and serve us, not break the arms of a 60 year old woman for the crime of... possibly smoking pot? Possibly not hearing the officers request. Again, even if she is guilty, it doesn't make this right. The police report is not very revealing. Was the officer treated for burns? Doesn't seem so. Was she told she was under arrest before she entered the trailer? Why did he find it necessary to take her down? These are questions that need answering.

I agree, people should know better or at the very least expect to get busted for smoking pot on West Cliff. Its been a bust since I was a teenager. I am 40. But the worst we ever got was a squad car behind us and more often our stash taken and us cut loose with a stern warning. In fact, I was never was given a ticket on West Cliff, only had my stash taken, and I did not go into evidence. Then I stopped going there to do such things.

The police are ignoring the Lowest Priority ( Measure K) A quick look at this weeks busts on the SCPD Website, shows they have plenty of real crimes to follow.
by Da' Buffalo Amongst Wolves
NEVER turn your back on a police officer as you walk away from a non-arrest/non-detainment.

BACK AWAY, until you are sure that the officer isn't going to do something stupid, a the police are wont to do.
by Dragonlover
If she broke her humerus why isn't it properly immobilized? The sling she has on won't do that.
Another thing folks need to take into account. The police can not do a complete medical history of someone when they encounter them. If you have health issues and are fragile it is up to you to make sure that you do not create a situation where a cop might get cranky and grab you. I see in these postings about how awful it was that they treated this woman like this when she has x problem and y problem etc. How the hell is a cop supposed to know all that?
by Da' Buffalo Amongst Wolves
That was utterly illegible... again:

overthrow: "Three Trees is a special spot and generally a "free smoking zone", why are the cops cracking down on it now? "

Because they CAN?

Because it MIGHT dissuade people who show up over the next few months from hanging out there.

It will.

Here's a little thought for people who have never actually witnessed group resistance to authority.

When Mario Savio got on top of that police cruzer in Berkely back in the 60s, it was surrounded by a huge crowd and it took THREE DAYS for Berkely PD to get their car back.

Now, people just sit around, bitch, and wring their hands.

411: STAND up for your rights... or SIT down on your stool in the corner and whine.

[September 20 2007] Travus T. Hipp Morning News & Commentary: TV Satire On The The 'Tasing' Of A College Student During A John Kerry Speech While The Rest Of The Students 'Sat On Their Hands' And Did Nothing Is A Symptom Of Control As America Drifts Towards Fascism

by overthrow
"The police report is not very revealing. Was the officer treated for burns? Doesn't seem so."

Exactly, Tim! If this had been HOT coffee, then wouldn't Donna had burns as well? She doesn't look burned to me. Her act of throwing lukewarm coffee was a "savioesque" moment. People have the right to self-defense when faced with an arrest that may cause them bodily pain.

The war on mentally ill drug-users has gotten out of control. It's hard enough to be homeless without this kind of police harrassment. As Donna put it herself " erst yhivk hlsddrd snf". Donna, we've all had those days, we know how you feel. Keep up the good fight!

by Da' Buffalo Amongst Wolves
Overthrow: "People have the right to self-defense when faced with an arrest that may cause them bodily pain".

You have the right to resist illegal arrest.

That means you need to stick around long enough to find out what they want, and even so, it is at your own risk.

"If you stand up for what you do believe be prepared to be shot down"
--Quicksilver Messenger Service, What About Me?
by Robert Norse
None of the 5+ witnesses I interviewed saw anything like Donna "throwing" anything at the cop. Their accounts (and Donna's) are that she was seized by the cop at her van, spun around, and the half-full cup went everywhere. Certainly the witnesses could be lying or wrong. But that's my recollection of what they said.

I also saw coffee all over the side of her van and the adjacent car when I spoke with her the next day.

There is, as others have pointed out, no indication of any injury report from LeMoss (that is, he wasn't reportedly treated for injuries).

Donna is doing a very brave thing putting her story out prior to trial. It gives the police and their friends in the D.A.'s office the chance to slick up their stories. She feels it's more important for the community to know and to stop future "LeMoss"ing's.

I also think the belated addition of the marijuana charge is suspicious. And the fact that no marijuana was seized.

If she wins her trial, at least two attorneys have e-mailed me they're willing to sue the city and PD for damages. Unfortunately none have volunteered to help her with her criminal case. I have little confidence in "public pretenders" (or public defenders as they are optimistically named).

Winning at trial will be more likely if she can round up middle-class "respectable" witnesses (such as nearby residents, cylists, pedestrians) as well as people who live in their vehicles, Some have actually contacted her, but she needs more.
So if anyone saw this incident, please get in touch with her at spiritdancerocean [at] yahoo.com .

The PD press release, cynics may say, is typical police self-protection. Instead of apologies and healing, we have blaming the victim and self-justification--with additional charges added.

The legitimate job of the police is to protect the community, acknowledge responsibility and blame where it is appropriate, and make restitution. These things rarely happen, in my experience.

It falls to us in the community to put the requisite pressure on authorities to further justice and deter future crimes under color of law.

Call my show tonight 6-8 PM if you'd like to air your views. 101.1 FM http://www.freakradio.org 831-427-3772 and/or 831-469-3119.

Thanks to Tim for responding to skeptics and recounting his own experiences.
by overthrow
"Donna is doing a very brave thing putting her story out prior to trial."

Definitely a brave thing. Also, by putting out several different versions of the event for us to sort through, Donna is making it easier for readers to help her recollect the events so she can settle on what REALLY happened. By having the skeptics and trolls pick apart pieces of her story, it is good practice for what she and her attorney will be up against in court and will help them to come up with a consistent version for the trial.

by Seriously, joking, right?
I suspect you're being sarcastic when you say that by posting several different versions that she's helping her case.

In reality, I expect its the exact opposite. A DA is going to bring in examples of her differing versions of the "facts" and rip her case to shreds. I think she's already pooched herself by changing her story in print and audio records, and ought to say nothing more.
by Greg
When someone breaks their humerus bone, isn't it usually stabilized with something other then a sling? In a sling you would still have the ability to move your upper arm which could cause further damage. Something is not right about a hospital putting her arm into a sling, which can be taken off, as documented in the photo above.
Just a question.
by Peggy Lee Kennedy
Look, someone needs to take witness statements either on paper or on video and give them - along with copies of any pictures or doctor reports - to her public defender.

You can find an example of an incident report on our web site, if you need help with that.

Any lawyer is better with evidence!
by leni
Hey Robert - look at this story about respectable homeless being given lots to sleep in, in Santa Barbara. Since moving here, it seems like there is no newspaper with any news at all, and the indymedia doesn't have any reporters, so it is difficult to hear about stuff like this. People here have told me that they think Santa Cruz is more expensive, but I think studios or rooms are $100-200 more expensive. I paid $700 for a studio in Santa Cruz, but there are pretty crappy studios for $1000 in Santa Barbara.
The police seem to have removed anyone with mental illness, but I see a lot of very functional looking people carrying suitcases around. You should show the city council people, and see if they could copy the parking lots practice because it's trendy

http://money.cnn.com/video/#/video/news/2008/05/15/news.gutierrez.parking.cnnmoney
by Sum Dim
I am skeptical. Why did the sheriff refuse to book Deiss into jail if the hospital hadn't sent paperwork? How did he know that her humerus was broken? Is he a doctor at night? Where's the confirmation that Donna's arm is broken? That sling looks suspiciously like a prop, designed to convince the reader of the veracity of Donna's claim. Hmmm...I smell a rat.

Why is it that the Lulu's guy was immediately taken to task for throwing "hot coffee" at a transient a few years back, while Donna's coffee is dismissed as lukewarm and no big deal?

I'm really suspicious.
by Robert Norse
Manthri Srinath got a disappearing "battery" charge because the coffee throwing was seen by numerous witnesses. Unlike LeMoss's charge which, so far, as been confirmed only be him and contradicted by every witness I've spoken to.

X-rays and medical reports as they happen.

There is a stink here, but I think the rats in question are armed, dangerous, and well-connected. With anonymous troll friends who like to post on indybya.
by Sum Dim
Robert, your witnesses, by their own admission, were all smoking lot at the time, and are notoriously biased in their approach to the police. So much so that they are prepared to fabricate events and testimony to suit their agenda. Not unlike yourself.

This isn't a personal attack, Robert. Merely a statement of fact.
by Sum Dim
"Pot", not "lot"
by Ben
Manthri Srinath also helped one of the homeless you say you protect by giving him a security deposit for an apartment, money for the application fee, and a personal reference. All which ended up getting this man housed and off the street. Now he's sleeping in a warm bed, has a place to be alone, has a bathroom with a shower.

He's safe now.

Please remind us again, Robert, what you and Becky did to help this man get off the street and into housing?
by Da' Buffalo Amongst Wolves
leni: "Hey Robert - look at this story about respectable homeless being given lots to sleep in, in Santa Barbara."

Ontario too, as the mortgage crisis 'un-homes' thousands of people who can still afford to pay inflated rentals, the former working class renters are legal-living in parking lots.

Hmmm... Sounds like what has INTENTIONALLY been done in Santa Cruz over the years.

Raise rents...

Make working class homeless.

Eliminate all jobs that employ 'ordinary' (read working class) people in favor of shopping mall businesses staffed by disinterested college students.

Use police to harass the formerly housed and employed who really never expected or wanted to be homeless and un-employed.

Rinse.
Lather.
Repeat.

Presto!

Gentry Town for the Redwood Towers on the Hill
by Tim Rumford

I did some research through the SCPD web site looking at the Media Release link, where her Battery On a Police Officer Report showed up publicly. I was surprised it was there at all. Battery on a police officer is normally a crime they know will be a win in court so they don't bother asking for wittinesses or posting more than a simple Press Release. The Sentinel is certainly remiss for not making a "requesting witnesses post under sops and courts. Thats why those reports are made. To ask for wittinesses and detail what they know. That days Press Release is a broken link though, at least up until yesterday. Press releases are non-detailed & where the local Sentinel picks and chooses what crimes they wish to print under cops and courts. But the also read the media releases. What they choose never makes any sense to me. The Media Release Section archives go back to 2002. If you look at the archives. A few things struck me. We have many sexual assaults and other horrible crimes, but they chose to post only two battery on police officers since 2002 and that includes Donna Deiss.

Most important is the report does not even say what request from the officer she was refusing that led to her injury. Reading other reports, it usually , nearly always states what the officer specifically demanded and the reports are MUCH more detailed. The only other Battery on a Police posted as a media release is highly detailed in comparison. Here is the link to the only other Media Release for a Police Officer being Assaulted since 2002.

I am not making any opinion of this case below. Just showing the comparison of details that are lacking in Donna's report.

http://www.ci.santa-cruz.ca.us/pd/pressrelease/PDF/Archive/07S-12202%20Attack%20on%20Police%20Officer.pdf

We all know many more assaults on Police officers happen. So why only 2 media releases in 6 years?

Donna may have mad a mistakes in her actions, meaning, maybe she could have handled it better. Truthfully only she and the people there know. But people can react when they are fearful. However, I have a hard time seeing a scenario where the officer would be justified for his violence. I highly doubt she would lie about her arms condition.

I do know I still get the jitters when I am 100% legal and an officer is behind me while driving. I fear them for good reason. I am jaded I admit. I have been arrested only as a teen. I was beaten hard in the County building and nearly had a telephone crammed in my scull by an officer who was simply supposed to watch me for 15 minutes. I think I was 14.

He was doing desk duty for beating the homeless during the 80's and had anger issues. My crimes was possession of marijuana. But throughout all of that I saw what the police can do. I have never had an officer help me. I wish I had, because I am sure they are out there.

No one is perfect, not cops & not the people they are supposed to protect. We all make mistakes. But the police have an amazing amount of power, and gone unchecked it can lead to horrible things. Few ADMIT to making mistakes such as violence while on duty. I would have more faith in the system and the police if I knew of a case here in SC where an officer said " Yes, I blew it, I got angry and took it too far and got violent." before a long court case and more demoralization of the victim occurred. But that kind of civil honesty just doesnt occur. It has never happened as far as I know.

Sorry this is so wordy. I am very much under the weather.
Tim Rumford


by Douglas Enns
So how are those X-Rays and medical reports coming along, Robert? I'm anxious to see this information, in hopes that we can allay any concerns that Donna might be wildly exaggerating. I mean, she was only smoking pot, so it's likely that there is at least some relationship between her account and the truth. If she had been smoking crack or meth, I'd feel differently.

Hey, you'd better get as much taped testimony as possible from those witnesses at the scene. You know, the ones who were all stoned. I'd be concerned that they will all blow town before the trial (I assume most of them are transient, staying here until they're too hot to safely do so), leaving Donna's case weakened. Best to get taped interviews so you can cut and splice to get the version of events that best serves Donna. And then we can erase this thread so the judge can't find it.

Thanks for working on those reports and X-Rays, Robert.
by Sam
It's not like they need to do any testing to determine if her arm is broken. The x-rays are immediate and it would be noted on the discharge paperwork.
They must have given her something when the was released from the hospital.
by Sum Dim
So no proof of this fracture we've been hearing about so loudly and insistently, eh? Perhaps something will be forthcoming, but now I'd have to question even an x-ray. Under the circumstances, and to demonstrate one's reliability, one is expected to provide proof of one's allegations speedily and completely. Pictures and documents can be fabricated and transposed from other cases. With the usual suspects, Norse, Deiss, Shane, et al., involved here, I'd say a possibility of fraud rises to a strong probability.

Figures, doesn't it?
by It's time
I scan Indy Bay now and then, and see you posting about as often. And it seems like you mention this incident that happened to you almost every time.

It saddens me what happened to you, but even more so that you seem unable to let it go and move on with life. You appear to have had your entire perception of all police colored by this one incident. You've lumped them all together. Turn it around and I think you'll see what I mean: Would it be just for a person who had a bad run-in with a homeless person to decide that all homeless people are not worth caring about, and none are worth a damn?

That seems to be what you've done, and it sounds (don't know your age?) like you've been carrying this for decades. For your own peace of mind, I encourage you to try and let it go. If you don't, you've let them win by controlling your entire mindset.
by Christine H
I'm surprised at the sudden and deafening silence from Robert and Donna. Posting proof of these injuries can't be that hard guys. If you're concerned about giving the police more information to use against you, I'd say repeatedly changing your story online was probably way more damaging than posting a true report on Donna's injuries. Certainly, this sudden quiet will make any reasonable Indybay reader wonder if Sum Dim wasn't right all along. Surely you didn't make this all up, now did you?
by Ben
I don't mean this to be a personal attack on Robert or Becky. I'm sure that they are lovely people in private.
I would just like to point out that if you scroll though all of the other threads and topics they contribute to you will notice that once people start asking for proof and/or documentation they usually clam up. Often you will see a new thread with the same topic pop up later, as if people reading here will not remember the previous info. This topic is a case in point. There are currently two threads going on about the same situation, with Robert contributing to both of them.
When Donna was released from the hospital the most assuredly gave her some kind of paperwork explaining her injury and instructions on how to take care of herself. They would not want her to do anything that might aggravate her existing condition. Pretty much everyone I have ever known that goes to hospital receives some form of instructions. This is a very easy thing to scan and would supply no information other then what the police are already privy to.
Just because they are no longer posting in this thread doesn't mean that Robert, Becky, and Donna aren't busy, fighting the good fight on a daily basis, unlike you skeptics and trolls!

I feel like they have answered most of the interrogatory questions here and presented several possible explanations for what happened. It is like the movie Rashomon by Kurosawa. A crime is committed, but perceived in multiple different ways by different viewers. We all have different ways of seeing, and the perceptions by Donna Deiss, White Dove, and the police are just different ways of seeing. Quantum physics tells us ( as in the movie "what the bleep") that one particle can be in two different places at the same time. Therefore, Donna's version(s) of things can be equally valid as the police officers as we create our own reality.

The only difference between this case and the movie Rashomon is that several of the different points of view were provided by the same person (Donna) which makes things slightly more complex...

by Ginger
Tim, you may want to check out the SCPD website. There is a media log that is updated every day for the previous day. It's been going on for quite some time now.
by Maryann
Regardless of how many people are viewing this situation from varying perspectives, her arm is either broken or not. That fact will not change depending on the viewpoint.
by tim Rumford
I did read the media release, and the press release. They are two different things. I read them daily. The press release link for that day was broken. It is updated daily. Its now working. The first time I have seen one days press release not work for a week. The media Release is different, and goes back to 2002 in the archives. Not every crime is posted there. Crimes they need more info on, or exposure or requests for witnesses are posted there. Also crimes people really care about, like sexual assault. I pointed out that only two Battery on police officers were added to the Media Release since 2002, including Donna's case. Its rare that these cases are posted there. I assume this is because they know they will win in court and do not need wittinesses etc. as each report asks for witnesses to come forward. The fact that it is rare that battery on a police officer hits the MEDIA RELEASE LINK was backed up by a sentinel editor. And the only other incident that is posted there is highly detailed in comparison to the one they posted about Donna. That was my main point. I often in other posts tell people to read these too, as they can have info the Sentinel never gives us. The other incident of battery on an officer is in my last comment. I did a search through the archives using the word Battery. I found MANY horrible crimes of different types of battery, but only two battery on police officer. As I already said. We all know many more real assaults on officers happen. I would like to know why the request she supposedly refused is not mentioned in the media release report. When nearly every move the officer made is described in the other media release reports. Other reports tell what requests or sometimes demands were refused. Like " I told the suspect to stop and lie down, and he refused and ran so I used force to restrain him." This report does not reflect that kind of detail. It tells VERY little. Why?

So yes, I read it...
by Tim Rumford
Its true, I have told that story three times. And I have gotten over it to a point. I still fear the police even know I don't do anything illegal. I did not add that the first joint I smoked was given to me and smoked with me by a cop, at my friends house at age 12... 11... I thought it important to admit that I am Jaded, even Bias about the police. I am not "fair and balanced" in my talk of the police -- due to my own experiences. Hearing that adult cop brag about his corrupt seizure of drugs and money to my friends father was sickening later when I realized what it was all about. At age 12, it seemed cool. There were more incidents from my youth I left out. Police are people with power, and power ultimately corrupts. And Two, people are people and they make mistakes. But the police never admit to their mistakes and most often investigate themselves. Because I have had no incidents as an adult, I often use that story to make a point. But, I see your point too. I guess I figure new people read this stuff, but i guess I may be wrong. It seems its the same 12 people spend their lives here.

However, I would guess had you been put in a little room at that age, had your ribs cracked, your wrists black and blue, and only was saved by the door being kicked in by other officers, you might remember it still too. " Oh crap he is doing it again!" Especially when i went to raise the issue in court and was not allowed despite repeated requests. Anyway I do agree the story is worn and I will refrain in the future. In truth, you will not have to put up with me much longer anyway, as i will be moving further away than I would like to be and my health is not allowing me to do this stuff any longer.
I appreciate your tone.
Peace
Tim Rumford
by Sum Dim
Overthrow, you're throwing me for a loop. I can't tell if you're actually one of Donna's boosters or if you're the biggest, baddest (and funniest) troll here. Either way, Donna is facing the serious charge of assaulting a policeman. Regarding the hot coffee thrown in the policeman's face, I doubt the alternate reality defense is going to hold up in front of Judge Atack, especially considering that all but one of the realities in question are products of copious consumption of pot. And as you correctly noted, there is the additional complexity presented by the fact that several of the other realities belong to Donna herself, which leads one to the question, "what was in that primo weed, and how can I get my hands on some of it?"
by Tim Rumford
Ginger,
I realized that my comment regarding the media and press release was on the other story regarding this issue. I appreciate you pointing out these resources. I hope my tone was not offensive to you. If it was I apologize. I was flustered as I thought I was posting on the same story where I went into length regarding these reports. There are two stories covering the same subject. Two threads. I also reversed the description of the two reports by error. I have been ill, and not up to par and easily flustered.

Overthrow. I for one find your comments interesting and can't really disagree. You would enjoy the book Cosmic Bandito's. I will have to watch that movie you mentioned.

Back the topic, after hearing on Roberts radio show the call ins of eyewitnesses, as well as the ones that came to city council, & after finding out that her arm was truly broken or fractured --I find this officers conduct repulsive.

Are we to tell our children that the "the guys in Blue are friends to you"? And if the only justification for the officers actions was pot smoking, what happened to measure K?

The fact is, whatever Robert, Becky, HUFF or I and others post will be attacked by people who differ with us. No matter what the content. I don't agree with anybody 100% of the time. No one. Not Robert, Not Huff not Becky, not Jesus Christ. But I do agree on many of the issues Robert and HUFF raises about poverty and rights. But these few who attack us on every post, no matter the content I find sort of strange behavior. They use this forum & seem to have some strange infatuation that keeps them reading and commenting on a daily basis on everything HUFF writes about. I wonder why they even bother and how they have so much time on their hands. I fail to realize why you spend so much energy with people you disagree with. The better tactic would be to ignore. and in all honesty the same goes with me. I often put in too much time with comments to the same people over and over again. This will end. But FYI: the more comments the more the article is promoted on this forum and nearly every forum. It's was on the main indybay.org national page. As the saying goes, any advertising is good advertising. So in essence, they are really only helping promote the issue which is good as police abuse is rarely dealt with, or investigated properly.

We need a new police review board that has the ability and will to use the powers it is given.

The police need to respect the laws our community voted for, like measure K. There are rapists, child molesters, and murders running around and the police are breaking an elderly ladies arm out of uniform... and for what? To stop a BBQ and a few people smoking pot. This is just wrong no matter how much you don't like the messenger or the victim.

Peace
Tim
by shane maxfield
ok!, as i read this drama, it all seems prety str8 forward.
untill i see this sum dim individual speak of alternate realities?
well one thing is clear! when someone uses insulting lables and calls people "TROLL" you might aswell stop right now cause at that point the reality you are presenting is false and is of your own reality. further more i bet you a billion bucks, if you were thrown down beside donna, had your arm broken, i bet your reality, your behavior would be exactly identical. you would be in great pain!!!!!
people who insult others do it because they lak the mental capacity to "empathise" or "relate" to the situation at hand another may be experiencing. besides you can't compare breaking an elderly womans arm to puffin a joint..
by Trisha
If I understood Shane correctly, I completely agree with her. Robert really ought to stop labeling folks and calling them trolls everytime they have the slightest disagreement with his views. Thanks Shane. Nice to hear a voice of reason here.
by shane maxfield (maxtek73 [at] cruzio.com)
ok thanks for the compliment. compliments are rarely forthcoming in this vast ocean of personal computer use.
however my gender is um well "male" oook ? hehehe hope this doesn't afect your opinion...lol.
and yes i have been providing sanctuary space for donna deiss. crashing here, allowing her to simply rest.
and doing this i have learned i rented a room in hell,. the other morning erly am, donna went to shower, and when donna came out she was chaced out by my mexican landlord petra. and the house is two story seperate units. and she came in without warning! and threw donna out into the cold. her bra, shoes socks, shirt were all still in my bedroom.
she is renting illegal units and does this cuase she fears exposure. she is trying to isolate me from friends by telling people im not here. or not living here anymore, when im right inside my room. she thretens to call police on anyone trying to check up on me. and yes im in poor health and need out. i have stable income. and im never late on rent . or short. anyhow this person cant be allowed to continue doing this, i have seen 7 people cycle through the "venus flytrap room" as i come to call it. and she takes almost $1000 from you then tries to kick you out. and i have seen her succeed 7 times so far.she brings other family members to threten and harass you out. 229 broadway is a sick place man!!
by Trisha
Sorry Shane! Becky posted about your realignment surgery somewhere else, which is why I assumed...sorry! Too bad about your Mexican landlord. I hope it gets better.
by shane maxfield
lol, oh my god. becky posted stuff saying i had realighnment surgery?
well best i can say is as far as becky is concerned, she has never asked me anything regaurding my gender.
and i will say this! NO I NEVER HAD SEXUAL REASIGNMENT SURGERY. and although i suport robert and beckys cause, this is the second time becky has cause me trouble outing me publicly the first time i was talked into apearing on her tv show.
it was suposed to be about my rabbit and i geting a ticket on the mall. however without asking permission, without warning, she outed me on telivision as carrying the aids virus. and or being full blown aids infected.
either way i now have death threats from total strangers roaming santa cruz. im afraid to go down town at any given time. im afraid to go to the drum circle, and im afraid whe people try to pass me a joint. this is because i get people saying "dont pass that pipe to him he gots the aids!!!. now i dont mean to trash anybody. but i can tell you this, they dont seem genuinely concerned with individual injustices, and they want to use your chrisis to further thier cause. they make a posterboy out of you. and if you resist your shuned. heck i was a minor when my mother passed away several years ago.
not one of these people offered any help. no one even asked me if i was ok. my brother went off to sanfransisco.
my sister was adopted by her grandmother. when protests happen localy i dont see any of these folks actualy doing a thing to help individual people. during the last city hall protest i parked our motorhome infront of city hall for over a week, i was generating electrical power to keep peoples cel phones working, and laptop computers connected to the internet.
i provided a kitchen and we cooked lots of chicken dinners and i provided a restroom.
so although i suport activisim. i dont like it when sertain people act like they really are helping homeless people.
infact robert would never apear at my house, even when he gave me broken things to fix if i asked him to stop over he alway said he to bussy. till the day his evidence tape was smashed in the road and his show was thretened, did i get a visit from him, and yes actions speak louder than words. and these people sure have lots of WORDS!
ok this is just like when robert sent me an email and then expected a reply within 15 minutes. and i know this cause he telliphoned my home saying "YOUR EMAIL ADDY FAILD!!!!. i then herd the call in realtime and opened my inbox and it was thier. it was less than 15 minutes old. i kinda hinted about this and he tried to cover it up saying he got a return email from the server saying undeliverable. i then instructed him to forward this as it may have technical detail to fix the issue. however i knew he would never actualy send this cause it was not real. tecnicaly illiterate people lak the common sense to originate the thougt they may be doing something wrong. however this is damaging to people with big egos like robert cause right off the bat they become defensive and make comments like, "your the only one who is having trouble" funny huh seeing as how i do get all his emails and he is the one having the "trouble" anyways i can go on and post all the factual things that have taken place but i dont think the honesty would be welcome to well considering these points are "negative" as far as donnas silence, wake up! people living on the street have a diferent sence of time than one living indoors. people think being homeless is same as having all the time in the world, and that your doing nothing good. well this is untrue. and also being homeless and not having the luxury of going to your bed at nite and going on the internet with your free time. she gets online when she can. as far as evidence i allowed her to sleep here a few nites after the fact and yes she has a big envelope with 5 or 6 big xrays. and if you want to see the pictures, they have been posted all over the place. if you cant see these pictures of the damage then look with real efort.
and also i used to work for the scpd as informant. and i can tell you thier are a lot of cops who are young and act as so.
they act no diferent than the teenager who i walked up on who was bout to taze a homeless drunk for the fun of it. i kicked the tazer out of hand before he could activate the thing. i then explained how this can cause a heart attack when one is unprepaired. cops are no smarter, they lak the technical knowlage to understand what they are doing with these toys. people who post comments on a situation they were not involved in are just outing thier own stupidity.
i wonder whare these people buy these crystal balls they are using to get thier information from. i wonder if it is KMART! hahah cause they sure seem to give the user totaly bullshiot information..
Though the Sentinel has never seen fit to publish a story of LeMoss's assault, there has recently been some discussion back and forth (trolls vs. Becky pretty much) on http://www.topix.net/forum/source/santa-cruz-sentinel/TNIO9EVN3P5TLQ686/p5#c96 for anyone interested.
by denise williamson
I was assulted by santa crz pd and i have a spinal injry they forced my arm behind my back and took me to mental health domincan behavioral unit. it was a nightmare i have a very good case and i would like to challege this behavior
by Robert Norse
Denise: what are the details of your police incident. I'm a radio broadcaster locally--also working on an on-line Copwatch blog. Give me a call at 423-4833 at home or call on air Thursdays 6-8 PM, Sundays 9:30 AM - 1 PM at 427-3772.

Donna Deiss is scheduled to go to court in January on the "resisting arrest" charge.
by DR, JEFFERY WILSON
AS I STUDIED THE ARM OF MS YOVINO, I COULD NOT BELIEVE HOW THESE FASCIST COP BROKE HER ARM, SHE IS A 60 YR OLD FEMALE, HARDLY DANGEROUS TO ANYONE, THIS BRTUAL COP LEMOSS SHOULD BE ARRESTED FOR BRUTALITY, HE SHOULD BE DISMISSED FROM THE COP SHOP, HE,S A THREAT TO SOCIETY, HOPEFULLY ONE DAY, HE WILL CATCH A BULLET,
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