http://pmelendres.multiply.com/journal/item/30?last_read=1&mark_read=pmelendres:journal:30
roberto 'bong' reyes was my classmate back in college, and what is written below has been confirmed as real.
September 26, 2006
Dear Sir or Madam,
I hope this letter finds you in good spirits. I am Roberto Reyes, a resident of Washington, D.C. I am also a legal permanent resident of the United States of America. I have been living here in the U.S.A. since 1998. I have lived in Rochester, NY for almost six years because of my job there. My mother and my brother are naturalized U.S. citizens and they now live in Stockton, California. I really like to live here in the U.S.A. and since I was a small child I've been dreaming of coming to America. I have a big problem that is endangering my American Dream. I was a victim of racial profiling by racist cops/Sheriffs in Rochester, NY last August 2004. I acted in self-defense but I was jailed and charged with misdemeanor third-degree assault and resisting arrest. I was slowly intimidated when I was in jail so that I will plead guilty to the charge. My Aunt is now taking care of me here in Washington, DC because I cannot get a job because I have a criminal record now. Most of the companies that I have applied for, asked about my criminal conviction and they also conducted a background investigation. I have lost two good paying jobs that was offered to me because the employer backed out when they found out that I have a criminal record. Up to this time, I am not able to find a full-time paying job and I believe my criminal record will be an obstacle for me to get a good job and pursue my dreams here in America. My Aunt also hired a criminal lawyer for me and his name is Atty. Charles Noce, a resident of Rochester, NY. We already paid for his services last March 2006. The last time he communicated with us was May 2006 and since that time we never heard back from him. I am worried about him and my case since it's taking a long time for him to process my case. Since it's a high profile case, I have a feeling that he is being intimidated and threatened. He never returned any of my phone calls. I also wrote and sent him letters but still he never responded.I would just like to share with you the truth about my misdemeanor case before something bad happens to me. I feel like these people are out to screw my life and the people who are trying to help me. I will also leave it up to you if you want to share this with your family and close friends. It's ok for me if you share this with other people just to warn them about these ominous people here in America but I hope it will be done privately to avoid legal problems. I share this only with my family, close friends, lawyers and people who might be able to help me. My misdemeanor case is also preventing me from getting a job and I have lost opportunities in getting good paying jobs that was offered to me because of the result of my background investigation…I was forced to tell them that I had a criminal conviction and they were able to pull it out of the database and the employers backed out because of this.
Last August 2, 2003, I decided to sleep in my car on the side of the road near Ellison Park on Blossom Road. It was already past midnight. I decided that it was safe and responsible to park my car and sleep for a while rather than drive impaired or sleepy. I parked on the side of a small road which looks like a rest area because there was no 'No Parking' sign and there was no sign restricting anybody from staying there after 12 midnight. It was just near a park called Ellison Park. I also frequented the place so I know the place very well. So I thought it is ok to park and sleep in my car.
I was sleeping in my car when I was awakened by a loud banging in my car window. It was so loud that I thought that somebody would like to smash my window. I woke up and a female police officer(Ms. Bridget Davis) was standing in front of my car window and she was very angry at me. She said quoting 'You cannot sleep here in the park!' I then explained to her that I was sleepy that is why I decided to park there and sleep in my car. I also told her that I am not sleeping in the park since the park is closed…the gates of the park is closed. Then I asked her if I could just leave but she said 'No! I want you to go to jail!' At this point I became very scared and did not trust her because she was acting very differently and very aggresively. But even though I complied to her instructions and maintained my calmness. She asked me for my driver's license and I showed my driver's license to her but she did not look at it very well and ignored my gesture of showing my driver's license. She then asked me to step out of my car. I stepped out of my car and stood beside my car very calmly waiting for further instructions.
As I was putting my wallet back in my jean's pocket, the female police officer suddenly approached me and pushed me towards my car. She then started to grab my wallet in my jean's pocket and she was joined by another male police officer(Mr. Tom Perkins) who helped her in putting me down to the ground. I followed my instincts and tried to keep my wallet inside my jean's pocket. I am really very protective of my wallet since I have identity documents and credit cards inside it. I also have a traumatic experience with my wallet. I almost got robbed of my wallet(One night when I was paying my parking fee in a parking lot in downtown Rochester, a young man approached me and was trying to start a conversation with me. I took my wallet out and started inserting money in the slot when he hit me in my face and grabbed my wallet. I was able to grab hold of my wallet and fought for it. I was able to take back my wallet from his grip but he kept grabbing my wallet. He then told me that he is going to stab me if I don't give him all my money. So I took all my money out of my wallet and gave it to him and he run away.)
So going back to what happened, I thought that the police officers were trying to steal my wallet. All my mind was thinking was to keep my wallet inside my jean's pocket. I was not aware of any other intentions on their part since they did not say anything to me and they just started grabbing me and putting me down to the ground. They were like just playing with me since they did not even say to me that I was being arrested. They pepper-sprayed me in the eyes and in the mouth. One of the police officers(the male police officer) actually inserted his finger in my mouth and was trying to open my mouth and was able to open it and the female police officer pepper-sprayed my mouth and my eyes. I was hit in the head several times by both of the police officers. I believe that this is what they really want to happen and it was premeditated. In the process of what happened, I got badly hurt and they both claimed that they got hurt also because of this incident. When the male police officer started getting my hand and putting hand cuffs on it, I gave my other hand and that was only the time I realized that they were arresting me. So they put me on hand cuffs and asked me to get inside in one of the police cars. Then one senior police officer who responded to their call asked me to step out of the police car and lay in the ground. I told him that I will only get out of the police car if he promises that they would not hurt me or inflict pain on me again and he said 'No' that they will not hurt me again or inflict pain. He put cuffs on both of my feet and tied my hands and feet together using a chain around my waist. The senior police officer then carried me by holding/carrying the chains and did not support my weight and it was a very painful experience for me. I had marks in my hands and feet because of this that lasted for months. They did not treat my very well. I was brought to jail. They charged me with assault in the second-degree and resisting arrest.
The police officers told the Judge things that were untrue and false. I read the transcripts and I have heard the courtroom testimony and I was very disappointed with what they have said. They have slandered me. They tried to pin me down really bad but I am not sure if the Judge believed them. They made it appear that I instigated everything and they made it appear in their statements that I was a bad person. Both the police officers lied to investigators and to the Judge and to the court. Based from what I heard in the courtroom testimony and the investigation papers, here are the points where they were lying( I hope you could read the transcripts yourself and be able to figure out their lies):
- As per Ms. Bridget Davis testimony, she said that I punched her in the neck and that she is saying that I kept on attacking her.
The Truth: I did not punch her in the neck. Like what I have mentioned earlier, I was standing beside my car when she suddenly assaulted me by striking and pushing me towards my car with her fist/hand. I instinctively pushed her away from me since she had inflicted force/pain on me. Then she started going for my wallet which is near my crotch because it was inside my jeans pocket. I did not do anything to her anymore after this and I just kept my hands to my wallet in my jeans which is very near my crotch. She tore my jeans and got my wallet. She helped the male police officer in pepper-spraying my eyes and my mouth. Human nature would dictate that anything that gives pain or harm to us, we would instinctively react to it by going away or pushing it away from us. For example, if a stranger puts a litted cigarette butt on your skin, we would instinctively push it away from our body. It's common sense and justified. I believe that as law enforcement officials, they are required to abide and defend the law and not be the proponents of breaking it. In this case, this police officer clearly violated the law by assaulting me and she should accept the consequences of her actions. She lied to investigators and to the judge just to get me inside the jail. She is also guilty of slandering me infront of the Judge, investigators and police officers. Her statements do not make sense. Who would punch somebody in the neck? It is not logical…if you are going to punch somebody…it would be in the face area, isn't it? I am also not capable of doing this considering my educational and family background. I came from a well-accomplished family.
My father is a successful businessman and owns his own company. My mother is a Chief Nurse of a
university hospital and my brother is a successful I.T. professional.
- As per Ms. Bridget Davis testimony, she said that when she found me sleeping in the car, she asked me how was I doing.
The Truth: As I mentioned, she was very angry at me and she just said, "You cannot sleep here in the park!!!" She then asked me for my drivers license and asked me to step out of my car. She lied again to investigators and to the Judge and to the court.
- As per Mr. Tom Perkins testimony, he said that I grabbed his finger and I bit it.
The Truth: Mr. Tom Perkins inserted his finger voluntarily and premeditated that he can open my mouth and put pepper spray on it and he would also want me to bite it so that he can strike me in the head. He tried to open my mouth but I was resisting since it is very degrading to have somebody put a foreign object in your mouth and try pepper-spraying it like as if you are a low level animal. This kind of thought is only reserve for the lowliest beings in this planet. Not even a dog would do this to other living things here on earth. In the process, I was trying to take his finger out of my mouth with my hands and which I think is a good warning that I don't like what he was doing with my mouth. He is resisting and adamantly keeping his finger inside my mouth. At this point, it registered in my consciousness that he wants me to bite his finger so that I could close my mouth and they could stop pepper-spraying me so I bit his little pinkie finger and he let go of my mouth. After I was arrested, he told investigators that he involuntarily would not want his finger to be bitten and that I grabbed his finger and bit it but when you come to think about it…with my upbringing and background and education and professional experience…do you think I am the person who would just grab a finger and bite it???
- Both police officers, Ms. Bridget Davis and Mr. Tom Perkins claimed that other fellow police officers helped them out in arresting me.
The Truth: I surrendered voluntarily to Mr. Tom Perkins when I realized that he would want to hand-cuff me and when he was able to pin me on the ground. Nobody helped them because I gave up resisting and voluntarily gave my hands to Mr. Tom Perkins. It is very clear at this point in time that both these police officers do not have a clear thought of what had happened. How can we trust them to do this very sensitive and important job of keeping the law in this country??? They need an expert psychological and psychiatric evaluation since it is very clear that something is wrong with the way they interpret their job and responsibilities. If they are really qualified and trust-worthy, this event should not have happened to me and to them and could have resulted in a peaceful arrest…if they have reason to arrest me. Do you think God would not like me to sleep in my car and He wants me to keep driving even if I am very sleepy??? Where is their sensitivity gone? Were they treated the same when they were children? The Police department should first know whether the applicant they hire where maltreated and abused as children. I believe that they are just saying this so that they could claim that they have witnesses to back them up. It is clear at this point that this group of police officers are conspiring with one another to commit a crime. They are the ones who is guilty of assault and not me. They are hoodlums in uniforms. So beware of these people.
One of their comrades approached me when I was in jail and told me that he saw me bit the officer's finger. I told him,"How can you claim that you saw it when it was very dark?" He was jolted with this answer and then I asked him if he really saw it and he replied, "Yeaaah???" In all honesty, they were not there yet when it happened…it happened so fast in just about 3 minutes.
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In June 2004, I just pled guilty to misdemeanor third-degree assault and resisting arrest as per my lawyer's advice since I have no other better choice. My hands and feet are both being tied and I am being thrown into deep waters and I thought that it's more prudent to concede defeat at that time. They were also playing mind games on me when I was in jail so that I will just pled guilty to whatever they like. I was slowly being intimidated and brain washed when I was in jail. It took me some time to think about everything that has happened to me and now I am able to defend myself against these abusive police officers. It's definitely much better than being convicted of felony assault plus the fact that there are no witnesses on my side but these two police officers. I also realized that it is much more prudent to concede defeat at that point even though they were lying to the investigators and to the Judge. One police officer was claiming that he saw everything what happened to the three of us but how can he claim that he saw it if it was very dark and he was not able to get/arrive to the scene on time because it happened very fast for about only 3 minutes. The other police officers responded too late and by the time they got there, I already stopped resisting arrest. These police officers who were claiming that they saw everything were lying and just black-balling me and using the system to their advantage. In July 2004, the Judge sentenced me and I was sentenced for two charges. For Ms. Bridget Davis charges, I was given a sentence of one year custody by the Judge. For Mr. Tom Perkins charges, I was given 90 days custody by the Judge. The District Attorney prosecuting me were William Gargan and Michael Green of Monroe County, Rochester, New York. They refused to drop the charges against me. The District Attorney was also asking the Judge to give me the maximum sentence the Judge can give me. Also, in my day of sentencing, I apologized in front of everybody to the two(2) police officers but they were not present at court. I also wrote them an apology letter which I gave to the District Attorney. I was then released in jail because I have already served my sentence after almost a year of incarceration. I can't believe that I was incarcerated for almost a year for something that is not my fault and for not commiting any wrong doing on my part.
My question is: Why would the female police officer had to resort to unnecessary force? The situation could have been avoided if they just arrested me but they chose to do a different thing. The situation is in their control not mine plus I was very calm when I was standing beside my car and waiting for further instructions. They just discriminated me. Why didn't they follow the protocol in arresting a person? When you come to think about it, it was a very simple problem…I just slept in my car on the side of the road but it led to a bigger problem because of their stupidity and incompetence. I was very scared of them at that time and they did not exercise compassion towards me. I really regret what happened and everyday I think about it I really become depressed.
It's actually not a crime…I just reacted just like everybody else would react given the same situation. I was not thinking about being arrested but I was more concerned about my wallet. "What they are doing is criminalizing conduct that is not clearly criminal." It is clear at this point that they do not know how to apply the law and they don't know how to use it. If they reason out that they want to follow what is written on the books, then they are the ones who should go to jail because they were the ones who broke the law by assaulting me and by lying to investigators and to the Judge and for slandering me. They are hypocrites and they just want to follow things they want to follow. They should buy a mirror and take a good look at themselves. I am pretty sure people around them notice their odd behavior and shady ways. They don't have values and character for the job. They should also realize and understand that there are situations in life that you need not follow what is written on the books if the situation calls for it because it is impractical and justified. They have to exercise good judgement and not just sound judgement. I have no problems if they want to arrest me. It's really very childish and stupid for these police officers to play around with me like that and it is also an abuse of authority.
I hope that you can help me with my problem. I have also lost my green card because the Monroe County jail destroyed it including my wallet. They destroyed all my property including my car and I also have a Bulova watch inside the car. I did not get anything back when I was released from jail. My Aunt is also being sent to Iraq by the U.S. Department of Justice. Do you think somebody is manipulating this to give me a hard time? They are intentionally sending my Aunt abroad so she could not help me. As of this time, my Aunt was not allowed to go to Iraq because she did not pass the medical exam. I believe that these people work as a group to pin down people they don't like just like an organized crime. They work in the government and private sector as well. It is like a brotherhood and sisterhood thing but only it has a criminal aspect to it. I am afraid that they will do anything to send me back to my country, the Philippines and that they like me to suffer there and have a difficult life.
Later at my sentencing, the two police officers no longer showed up and we were informed that they can no longer be contacted. Whether they were fired or voluntarily resigned, this is a clear admission on their part that they commited a mistake otherwise they would still be working in their jobs. Later, my Aunt told me that she talked to the Sheriff and the Sheriff informed her that these police officers were promoted to a higher position. I believe that I should not be held liable for their mistake. If they broke protocols and did not follow proper procedures, they should be held solely responsible for their actions to the extent that they get hurt on the job for not following what they were trained for. They are very good in pointing fingers at me but they should realize that they commited a mistake/blunder because of their stupidity and incompetence plus I am not a criminal and I don't have a record with them and I don't have a warrant of arrest and I did not break the law so why should they try arresting me. It is just their own whims that they want to arrest and assault me. I am a law abiding person.
It is also clear that they violated the law of this land by lying to investigators and to the Judge and to the court and by slandering me. The District Attorney(William Gargan and Michael Green) should charge them with perjury or obstruction of justice just like what they did to Martha Stewart. Only a fool will believe in what they have told the investigators, the court and the Judge. A well-educated person and smart person would not believe what these police officers/sheriffs were saying unless they are biased and prejudiced and unreasonable. They had the pleasure of putting me in jail because of their lies, now I think, it is high time that they face the consequences of their actions and they should go to jail also for lying to investigators. I think this is fair enough. How would you feel if you are Martha Stewart and you find out these two police officers went away scot-free after lying to investigators and to the Judge??? It is not fair. The District Attorney knows that they were lying and he is allowing this to happen with no consequences on their part. How are they going to change their crooked ways??? I am a builder while these people are destroyers of the system and they are allowing it to happen.
Here is what my friend, Gwen from the Philippines has to say, this is her reaction when she read this letter, "They are bullshits. They are treating you a second class citizen because you are not American."
My Aunt hired a criminal lawyer last March 2006 and we have already paid his services. My criminal lawyer's name is Atty. Charles Noce and he is from Rochester, NY. The last time we heard from him about my case was May 2006 and since that time I never heard back from him again. As of this time that I am updating this letter today(Sept. 23, 2006) since I last wrote it, my Aunt said that Atty. Charles Noce called her recently and he told her that he is working on it but it's still so slow and taking a long time. I remember there is a saying to the effect:"The grass is useless if the horse is already dead." I have been sending this letter to people so I think it is helping me get some help from people who are concerned. My deadline to settle my case is November 2006 because my driver's license will expire at that time and I cannot renew it unless I settle my misdemeanor case in Rochester, NY. I am a legal permanent resident and this case is preventing me from going to the U.S. immigration for fear of deportation. My immigration lawyer, Atty. Andres Benach of Maggio-Kattar law office, advised me not to go to any immigration office for fear that they might detain me and deport me. The Monroe County Jail in Rochester, NY destroyed my green card or legal permanent resident card. I cannot apply for any government document unless I apply for a green card again by going to the U.S. immigration. I really hope you can help me and Atty. Charles Noce. I am thinking that he is being intimidated or threatened that is why my case is being delayed. The system right now is being corrupted by these ominous people. In the end, I am proven innocent because I did not sue them back. They were the ones who sued and put me to jail and it just proves that they are cantankerous and ornery. I have no ill intentions for them even if they beat me up.
I believe that the charges against me should be dropped. They have also destroyed my car and I lost all my personal belongings to them. Because of all this, they should give me instant U.S. citizenship for the injustice that they have done to me and the suffering I have undergone when I went to jail for almost a year. They put me in a small cell and there were times that it was very hot and there was no air conditioner and no fan in my cell where they have put me in. When I was sick, they did not give me good medicines and it was always delayed. They should also give me compensation for destroying all my property. They should also give me compensation for all the costs and hardship and emotional and mental anguish that I have been through up to this time. I have lost a lot of potential income because of the charges that they have brought against me since I should be working in a good job right now if not for my criminal record.
I also don't want my years of hard work and persistence to get wasted and I don't want to end up getting nothing for it in the end. I went to the best university in the Philippines – a U.S. accredited university and they say is a Harvard equivalent. I also got a full college scholarship in a top university in the Philippines(Ateneo de Manila University – a university for the elite). I graduated top 9 out of 220 students in highschool and I received a lot of academic awards during my elementary and highschool days. I went to work in a U.S. oil company right after graduating in college. I went to work as an Oracle programmer in a software development company here in the U.S.A. I graduated from college with a degree in Bachelor of Science in Industrial Engineering.
Thank you very much for your help, consideration and patience.
I swear to God that this is the truth. God knows.
Sincerely,
Roberto Reyes
638 East Capitol Street, N
Washington, DC 20003
(202)546-5458
--
sometimes truth is stranger than fiction
-bad religion-
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