Petition for Writ of Certiorari — Schwarz v. City of Warwick

iy) ts RE TE ee. eS

96-790

OCT 27 1986

SUSEPH F. SPANIOW, JR.

" CLERK

No.

IN THE SUPREME COURT

OF THE

UNITED STATES

OCTOBER TERM, 1986

REINER SCHWARZ

Petitioner,

VS.

CITY OF WARWICK, ET ALS.

Respondents.

SHEESH EKEKKHKEHRKEHKEKKEKEKRKKEHHRKEKRHEKRKREKHHE

PETITION FOR A WRIT OF CERTIORARI

TO THE U.S. COURT OF APPEALS

FOR THE FIRST CIRCUIT

RSFSR EHEHKAHKKEKHEKHEKREKRKKEKKEKKEKRKKEE

REINER SCHWARZ, PRO SE.

374 SEA VIEW DRIVE, WARWICK,R.I. 02886

Tel. 1-401-738 7648

ee Pree de ath OS

QUESTIONS PRESENTED

1. Are the Fourth and Fourteenth Amend-

ments violated by warrantless searches énc

seizures when owner is working on his own

property?

2e Are the Fourth and Fourteenth Amend=-

ments violated by warrantless searches

when owner is locked out of owner's pro-

perty by police?

3. When the Appeals Court has made a di-

fferent judgment on a similar case doesn'*

this constitute injustice?

* & Aren't all Constitutional and Civil

Rights violated when police ask a person

to talk to a designated other person and

then is arrested by the same police for

talking to this designated person?

5. When this entrapped person (who was

never read his rights and never committec

a crime) went for arraignment,he was shack-

led and put in the crazy house,locked in

with murderers and rapists, and drugged,

ie

and all this happened to him without a

trial or a hearing, accused of "intimida-

ting a witness",and without allowing him

bail, isn't this an atrocity against the

entire privileges and immunities that the

constitution of these United States afforiu

its citizens?

6. Then city trucks,graders,snow plows,

and chemical sprayers invade your private

oroperty,damage your fences and gate,and

kill your flowers and trees,isn't this con-

sidered a violation of your Constitutionall;

protected area, your home and curtilage?

7e Since helicopters and small planes

are being used to spray defoliants,which

are harmful and cancer=-causing,do they con-

stitute an invasion of privacy, and shou-

ldn't these aircrafts have numbers of id-

entification on them?

*Footnote:Since Peterson has been collab-

orating with police and a gov. agency,does

this mean a cause of action for civil con-

spiracy under 42 USCS 1983?

di.

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Re: U.S. Supreme Ct. cases; 80-1122,82-1991.

iii.

NO.

IN THE UNITED STATES SUPREME COURT

October Term, 1

REINER SCHWARZ

Petitioner,

VSe

CITY OF WARWICK, ET ALS.

Respondents.

PETITION FOR A WRIT OF CERTIORARI

TO THE U.S. COURT OF APPEALS

FOR THE FIRST CIRCUIT

To the Honorable Justices of the

Supreme Court of the United States;

Your Petitioner, Reiner Schwarz, res-

pectfully prays for a Writ of Certiorari,

of the Judgment of the U.S. Court of App-

eals for the First Circuit (Civil Action

86-1065) entered July 28, 1986, and of the

U.S. District Court for the District of

Rhode Island, entered October 22,1985.

OPINTONS

Opinions of lower courts are reproduced

in the Appendix.

JURISDICTION

This court's jurisdiction is invoked

under 28 USC Sec.1254,and 42 USC Sec.1983.

and 1985. Petition arising from 3 arrests

without warrants,using fabricated crime

reports from hirelings of the City of War-

wick, Police,Crisis Center,Legal Dept. and

an Agent Provocateur installed as a "neigh-

bor" living on a State/City of Warwick

check and a Section 8 lease, in a conspir-

acy to hinder reopening court case involv-

ing Respondents, in which they falsified

government documents for a sewer pump to

service planned Section 8 condos.

Petitioner's step=-son arrested and put

in mental hospital for 53 days, without a

hearing or trial. He was drugged and his

life endangered, and has been ill ever

since.

Ceo

Petitioner's guaranteed Constitutional

and Civil Rights have been violated by

illegal search and seizure,false arrest,

imprisonment,deprivation of liberty,harass-

ment,surveillance,abuse of power,malicious

prosecution,malicious use and abuse of pro-

cess,and conspiracy,with the ulterior mot-

ives of depriving Petitioner of remunera-

tive work,to stigmatize his reputation,and

force him from his waterfront home,and deny

him due process of the law.

This court has jurisdiction because ca-

Ses Similar have been decided in conflict

with this Court of Appeals decision,and has

departed from the usual proceedings, whereas,

Petitioner has never been allowed any hear-

ing,anywhere in any lower court,as to call

for the exercise of this court's power of

supervision,and includes a question that

the U.S. Supreme Court has not given a de-

clsive and definitive answer. This petition

is filed within 90 days of July 28,1986.

36

CON 1 1

ARTICLE III Secec.

The judicial power shall extend to all

cases, in law and equity, arising under

this Constitution and the laws of the U.S,

AMENDMENT I.

Congress shall make no law abridging

the right to petition the government for

a redress of grievances.

AMENDMENT IV.

The right of the people to be secure in

their persons,houses,papers,and effects,

against unreasonable searches and seizures,

shall not be violated,and no Warrants shall

be issued,but upon probable cause,supported

by Oath or affirmation,and particularly de-

scribing the place to searched,and the per-

sons or things to be seized.

AMENDMENT V.

No person shall be held to answer fora

capital,or otherwise infamous crime,unless

On a presentment or indictment of a Grand

Jury; nor shall any person be subject for

he

the same offense to be twice put in jeop-

ardy of life and limb,nor be deprived of

life, liberty,or property,without due pro-

cess of law.

AMENDMENT Vi.

In all criminal prosecutions,the accused

shall enjoy the right to a speedy and pub-

lic trial,...and to be informed of the na-

ture and cause of the accusation;to be con-

fronted with the witnesses against him; and

to have compulsory process for obtaining

witnesses in his favor.

“AMENDMENT Vil.

In suits at common law,where the value

in controversy shall exceed twenty dollars,

the right of trial by jury shall be preserved.

AMENDMENT 3X.

The enumeration in the Constitution,of

certain rights,shall not be construed to

deny or disparage others retained by the

people.

AMENDMENT XIV.

All persons born or naturalized in the

De

United States,and subject to the jurisdic-

tion thereof,are c_tizens of the United

States and of the State wherein they reside.

ilo State shall make or enforce any law

which shall abridge the privileges and im-

munities of citizens of the United States;

nor shall any State deprive any person of

life,liberty,or property,without due pro-

cess of law,nor deny any person within its

jurisdiction the equal protection of the

lawSe

STATEMENT OF THIS CASE

On February 29,1984,Petitioner was ar-

rested on my property at 388 Sea View Dr.

without a warrant,and locked in jail.

On September 2,1984 Petitioner was ar-

rested at gunpoint and taken from my home,

where I was eating my breakfast. I was

dushed and shoved with a gun in my back. I

wasn't told why I was arrested or read my

rights. I realized my tormentors could kill

mee I was quiet and,yet,the Detective Ray

66

pendergast prodded and jabbed me all the

way to the police car,and roughly shoved

me in. Petitioner's wife asked why I was

being arrested,and was told "It was none

of her business". Pendergast waved 2 pap-

ers that looked blank,and said they were

Signed by a judge. We found out there was

no warrant for my arrest signed by a judge

or otherwise. Detective Pendergast lied.

At the Warwick Police Station I was

fingerprinted and photographed and forced

to take off my clothes. I was put in a fil-

thy,cold cell,with no mattress, blankets,or

pillow,only an empty steel bunk. I was

left there virtually naked for nearly 8

hours and caught a severe cold.

I had been arrested twice without a

warrant and put in jail. There had been no

crime committed by Petitioner,either time.

On Sept. 6,1984 at Kent County Court-

house,Judge Victor Beretta threatened to

put me in the IMH, the Mental Hospital. I

7

was in court for arraignment,not sentencing.

I was on time,neatly dressed and polite. I

pleaded,"NOT GUILTY", Judge Beretta said,

"Don't you want to plead "Nolo''?

Petitioner answered,"I amnot guilty. I

do not even know these people,Your Honor."

Judge Beretta said,"I think I'll give

him a few days in the IMH to cool his

heels!" and he looked over at Capt.Blanc-

hard, who nodded "No". Beretta called for

bail and surety then, $2,000 and $200,and

said,"Mr. Schwarz,if you don't have that

money with you,you will be sent to the IMH

until you get it!" I was already under $3,

000 personal recognizance from the first

arrest. I've lived in the same house 18

years,same wife,family,and Union Hall,and

own my property,high-praised by my employ-

ers and Union and neighbors,and have no

criminal record,and committed no crime.

Judge Beretta's remarks went totally

against the United States Constitution,

which he took an oath to uphold.

8.

Later,that same morning my step-son,

Glen Douglas Bowman,was put in the IMH by

this Judge Victor Beretta,when he arrived

for his arraignment,still the same morning

but slightly late. There was no mention of

oail or surety. Glen Bowman attempted to

tell what happened. He pleaded "Not Guilty"

and was given the same treatment that was

attempted on your Petitioner. He was lock-

ed in with murderers and rapists,he was

threatened and drugged against his will.

When his mother called up, he told her how

they were trying to drug him,and pushed

guys in his cell to beat him up. Next day

when she called up her son,his voice was

distant and thick monotones. He had been

drugged. This is cruel and unusual punish-

ment,and all without a trial or hearing.

No mention of bail until 53 days had

2assed and his mother had called everyone

she could think of, The man in charge of

the IMH asked her name,Catherine Schwarz,

96

when she called about when her son woulda

be out? He answered,"Reiner Schwarz would

be out on Sept.17th." Petitioner's wife

said,"I'm calling about Glen Bowman,my son.

My husband is in work." He went back to

the schedule,"'Both Glen Bowman and Reiner

Schwarz will stay locked up here until the

17th of September."' He said it with such

conviction,that Petitioner's wife called

to see if I was in work. My wife knew I

was being followed and thought the police

made another sneak attack on me, while I

was enroute to work.

All 3 arrests came from the malicious

actions of Karen Peterson,the Agent Prov-

ocateur.She made up,and signed the first

false arrest,in collusion with Warwick Po

liceman Thomas J. Whalley,who passed bet-

ween our property and the Peterson Apart-

ment 4 times in the presence of Petition-

er's wife,to get their stories right.Even

then,Whalley wrote"pulled by the hair,'ana

10.

mentioned this several times as he wrote

up a complaint,

Peterson,meanwhile, had written up her

false crime report that'tshe had been pull-

ed down the stairs by her leg",

Glen Bowman told Whalley several times

that he wasn't making a complaint and he

didn't know what Whalley was talking about.

He had sold his car that afternoon and as-

ked Reiner Schwarz to witness the sale,

which Reiner did witness the sale. When

Petitioner's wife protested the question-

-ing,as she was the only one there with

long hair and was standing near the porch

steps,she naturally thought Whalley was

trying to involve her in something.

Whalley told her to keep quiet and get

out.She told him this was her property

and he had no right to order her out of it.

Whalley got up and stood over her and pat-

ted the place where his gun was and deman-

ded that she leave. He then locked her out,

11.

Before Petitioner's wife was locked

out,she had been trying to remove books

and papers from a heater which was on.It

was a dangerous situation. Whalley stopped

her from completing the job,he said he

would do it,but he lied again.

Petitioner's wife stayed on the porch

for over an hour and knocked on the both

doors and windows. Whalley continued both

writing his fictitious crime report and a

rummaging search. The things were all in-

side the door and piled up out of the car

Glen had just sold.Whalley said,"Reiner

Schwarz made this mess?" I notice it is

still part of the malicious and false

charges against me, even though Petition-

er's wife confronted Whalley when he fin-

ally left, and told him all those books

and papers were taken out of Glen's car

when he sold it,just a few minutes before

the police arrived. No one had time to

put them away, they didn't belong to any-

one but Glen,yand he put them there.

le.

Glen Bowman went with Petitioner,and

Catherine Schwarz,to Kent County Court,

over 7 times,to witness what took place on

the afternoon of Feb.29,1984.

It was March 22,1984 before Petitioner

received a copy of the charges of this fir-

st arrest. No one wanted to take my witne- |

sses' statements,which were sworn to and

notarized. Petitioner put in for "MOTION

TO DISMISS" and a "PROBABLE CAUSE HEARING"

where Petitioner's witnesses could be heard

and the evidence examined,i.e. my utility

knife which has a 3" blade.I was using it

to cut a piece of fiberglas when I was

interrupted by my step-son to witness his

car sale. It was in my carpenter pants and

forgotten when all this turmoil started un-

til I was arrested and searched. The police

wrote down that it was a hunting knife and

3" plus a small fraction over. RI. law is

3" blade is legal. I"ve been a Union carp-

enter for over 40 years. Every carpenter

13.

has one. I have had to buy a new one to

work at my trade. There is no mention of

any knife in the numerous pages of crime

reports written up by police and their

collaboration with our political Sec.8 foes,

The Probable Senne Hearing was turned

into a hearing to see if I could have a

Probable Cause Hearing, and again my wit-

nesses were denied a chance to state what

they saw and what happened. R.I.G.L. stat-

es, accused shall have a Probahle Cause He-

aring, not maybe.

After second arrest hired John Canham,

to get a restraining order against these

trouble-makers, trespassers,and destroyers

of my property,and to rid my life of this

fraudulent charge of Feb.29,1984. We told

him that in the latest arrest of Sept.2,

1984, both Police Cheif John Coutcher,and

Capt. of Detectives Roger Burlingame said

"There were no charges against Reiner

Schwarz." Yet,the next day in the mail was

a summons to appear in court Sept.5 for a-

14.

rraignment. John Canham said he would get

the charges dropped,but he didn't. In fact,

it was at this arraignment that Judge Ber-

etta attempted to put Petitioner in the

mental hospital. Mr. Canham had asked for

$300 to represent me and $200 more for Gia

to go into the district court. Then he said

"He'd wash his hands of Glen,but he never

returned the $200 to represent him,

We asked John Canham for a copy of the

charges, or at least be able to read them,

Canham patted the breifcase he had and said

re cOuld,but never let us see them. We had

been to the police station and Courthouse

about 60 times to try to find out what was

going On. We were either referred to the

police or our lawyer. Canham spent the 2

short meetingswe had,trying to get my wife

to say she wasn't home with me,or if she

was,she could have been "toe-dancing in the

attic". He got very angry that he couldn't

Changed my wife's mind,and he wouldn't allow

156

us to see the charges,but'would send us a

copy’) We wanted to go the hearing,as dur-

ing the first one we were left in the cof-

fee shop. That lawyer came out asking us

what I was doing at 388 Sea View Dr? We

had told him it was our property and where

my step=-son was selling his car. We even

wrote up the entire statement and gave it

to the lawyer only he was

pital everyday to see his

father and had no time to

with the case, Leaving us

shopsleft out any defense

written up in those false

going to the hos-=

wife and an ill

acquaint himself

in the coffee

against the lies

crime reports.

Judge Victor Beretta was at the first

hearing and nearly a year later,Beretta,a-

gain. We could hear Canham and Beretta la-

ughing,while we sat in an

empty courtroom,

Petitioner was losing a double day's work

and was summoned to court

but never allow-

ed to say a word in my own defense,or al-

lowed my witnesses. Canham had promised us

16.

we would be allowed to tell our side of the

story, not sit inthe coffee shop. But it

was just another trick. Canham laughed at

us and said,"You didn't sit in the coffee

shop did you?"

He quickly made an exit. We followed,

We told him we didn't want such a prejudi-

cial judge, who acted as his own jury and

executioner, Canham said he could have dme

it if knew ahead of time. So we told him

right then that we were guaranteed an imp-

artial judge, by the U.S. Constitution.He

told us we were stuck with Beretta.

Enroute home Petitoner's wife was numb

with anger,"You don't have enough people

conspiring against you. Now you pay some-

one to do it. Canham is deliberately kee-

ping us from finding out what you are

charged with,if anything. Whatever it is

we know you didn't do it,but it's like fi-

ghting in a paper bag. They have no right

to do this to you,"

17.

ony =

After going over to the police station

about forty times, Petitioner's wife went

down-town to the F.B.I. and to the Justice

Dept. and to Senator Chaffee's office.

There we got some action, Mr. Rooney call-

ed Canham and told him he could be disbar-

red for not letting us know what the char-

ges were.

Petitioner's wife got home and the pho-

ne was ringing. It was Canham and he said

he had just heard from Senator Chaffee's

office,and he told him he had sent us a

copy of the charges,they were in the mail.

This was the end of November,1984 and for

3 months left to worry over what new mal-

ice had been put upon me, since Septe ce

Found out 5 days later that this crime

report was written about my step-son,all

false rumor and report.Written up by em-

ployee's of the City of Warwick, Police

and Crisis Center and in the upstairs apt.

of Karen Peterson,agent provocateur and

18.

privileged informer. This Peterson is the

same one that had me arrested the first

time. It was signed by Bertha Doyle but she

is barely literate. She couldn't and did-

not write up any part of that report. The

report mentions that the Schwarz's did no- —

thing illegal to merit a second arrest,so

the fictitiass assault of Feb.29,1984 was

put into this second complaint,which was

still a false charge.

Petitioner was arrested twice for the

same charge.

Petitioner went to trial on December

14,1984, before Judge Anthony Dennis,on

the second arrest. Petitioner had his 2

witnesses there and met with Mr. Canham in

the hall. Glen Bowman brought with him a

handwritten statement which he asked Can-

ham to notarize. He was told it wasn't

needed as he was there in person to testi-

fy. But Canham did not call my witnesses.

He put me on the stand and the questions

19.

4ll related to the false charges of the

first arrest,prosecutor from Warwick City

Hiall,Legal Dept. repeatedly asked me if I

assaulted Karen Peterson. I repeatedly

said,"No,I did not.'"' David Prior actually

said,"You did assault Peterson,didn't you?"

Prior,also,told police,that Petitioner sub-

poenaed,to say they ‘couldn't remember any-

thing" and he winked at one, Officer Ed-

ward Welch, right in front of Petitioner

and his wife.

Peterson was not there to question or

cross-examine,the instigator,and author of

all these charges. Only e2 of the police

that Petitioner subpoened ever showed up

but none were asked,or allowed,to testify.

Canham knew the City of Warwick had a

false witness sitting right across from

us but did nothing about it. Canham,also,

with-held this knowledge of a false wit-

ness from Petitoner,.

Bertha Doyle was put on the stand and

20.

Canham asked her 3 times, "Didn't you see

Reiner Schwarz put his foot in your yard?"

Bertha Doyle said, "NO", loud and clear

twice,and the third time said, "I have ne-

ver,ever seen Reiner Schwarz in my yard at

all,anytime."

Canham was obvious leading the witness

to say something that wasn't even in the

crime report,and never happened. The c.r.

states that Petitioner was climbing his

fence for 3 pages,(it is a 2 rail corral

fence and can be through in a second) no

“climbing is necessary,but Petitioner does

not even walk in his own yard,on that side

of our house,and has never spoken to these

people,and never knew their names until a-

fter he was arrested.

The prosecution brought attacks of be-

ing German,liking beer,beinga Jew and a

Nazi, (very difficult being both and 7 yrs.

old at the time). The c.r. states Reiner

and Catherine Schwarz had done nothing

21,

—ns a —

illegal. Yet, here was Petitioner on trial

for something he didn't do and was arrest-

ed twice for.

Half the other side of the courtroom

was filled with employee's of the politic-

ians at Warwick City Hall,who we had been

fighting since 1978 for bringing sewage to

clean "SA" highest quality water in front

of our Public Park and Beachfront,in clear

violation of the Federal Water Pollution

Control Act,1972,which states that no sew-

age or its appurtenances can be brought to

or sited on clean "SA" water as of July 1,

1973. So the Warwick politicians falsified

government documents to get a fraudulent

permit to build on clean water by saying

it was "SB" polluted water,closed to fish-

ing, and used Clean Water Act Funds to de-

stroy our last,and only,clean water cove,

These were the criminals that have been

harassing Petitioner and his family and

had set up these false charges against me.

Judge Anthony Dennis sent them all away

226

stating that they never saw the Petitioner

do anything wrong so,all else would be

hearsay, and that they had arrested the

wrong person,especially after Bertha Doyle

admitted she pointed a gun at him and th-

reatened him. Petitioner was proven Not

Guilty.

We went home to find 165 ft. of our fe-

ncing down. Both Peterson and Doyle in the

yard.Doyle at the fence. Peterson wrote a

Cer. stating Doyle and her sister knocked

down Mrs. Schwarz's fence and threatened

her life. I was subpoenaed twice for this

incident and lost more time and money from

work,and the destruction of my property.

After trips to the policestation and court

where nothing was done,as Respondents did

not show up, Petitioner's wife went over

alone so I could go to work,and she was

the one who saw Doyle wrecking the fence

On 2 days. The legal Dept. of Warwick City

Hall sent William Calise to prosecute the

23.

case. Instead,Wm. Calise tried to prosec-

ute Petitioner's wife,by asking questions

about the false charges brought by City

Hall against Petitioner. Catherine Schwarz

protested to the Judge Vincent Ragosta that

she was now being harassed by 2 lawyers,on

top of having 165 ft. of fence damaged and

hundreds of flowers,bushes and trees kill-

ed,or damaged,by the Defendants and no one

paying for any of the costs but Petitioner.

Catherine Schwarz was asked for pictures

of the damaged fences,and then of pictures

before the destruction of fences. The both

lawyers went into a rage when the pictures

clearly showed the fence up straight and

neatly painted white,and then,on the gr-

ound,all on the same roll of film and all

dated. It proved the case beyond a shadow

of a doubt. They were taken because they

already had knocked down 80 ft. and we had

replaced them and put preservative and

paint on them,paying for this damage our-

2h.

selves. As soon as it was up, Peterson and

Doyle said they were going to knock it all

down. Previously it was knocked down 1 ore

sections at a time, I called the police

and Officer Bottle saw Peterson raking all

the leaves from 2 lots over to my fence.

When the leaves were piled under our fence —

Petitioner's wife took pictures of it. The

next week the fence was down. She asked

the Judge if he wanted to see a photo of

Bertha Doyle at our fence with a rose bush

she pulled out roots and all,from under

‘our fence and threatening to poison all

the rest of our flowers and shrubs, which

they have done,also.

The Judge said,"No", and "Is that all?"

Petitioner's wife told him there was a

witness to the entire damage of the fence

and she had written out a witness state-

ment to the police. Judge Ragosta asked

William Calise,"Is this true?" Calise,lied

and said, we can't find her. She isn't home,"

25.

Karen Peterson was home and in and out

of her car all morning.She lives next door

at 368 and we saw she was still there when

Petitioner took his wife over to the court,

enroute to work, Peterson's witness c.r.

was signed by Warwick Policeman Masciarelli

and Detectives Foreman and Butterworth,and

main evidence in arresting Doyle and Humes,

Wm. Calise did not ask any questions of

either Doyle or Humes though the job the

taxpayers pay him for is prosecutor.He thr-

ew the case,giving the green light for mo-

re harassment and damage to Petitioner.

Petitioner went to police dept. with

his wife and was told by a police officer

and 4 detectives,that his troubles would

be over when a new Mayor comes in." They

let us know where this trouble was coming

from,the Mayor's Office at City Hall. We

knew it was coming from some Agency because

we Overheard Peterson saying,she couldn't

get in our house because Mrs.Schwarz did

not leave her home,anymore, and didn't go

26.

out much and when she did,either her hus-

band or son were there",

Officer Eastman said,'"You have been here

Over a year,and they were out last night

to a tax meeting. A dk. green stationwagon

was parked out front and a man was looking

up to the bedroom window. On investigation

saw the screen was up and that's why I'm

here,"

The next week when a car, plate AJEFF83

was seen with a dark man and blond girl

pouring caustic liquid into my flowers and

-around the base of trees, Officer Linda

Eastman and Officer Dennis Morley respond-

ed. My step-son told them of hearing Karen

Peterson ask Bob Dromgoole to "fireball"

both houses belonging to Petitioner and

his wife. Eastman said,"That is only talk.

Why don't you talk to these people before

it escalates into something worst?" This

was to my wife,who answered,"She was told

not to talk to anyone because it was in

courte"

27.

Officer Eastman then asked my step-son

Glen Bowman if he was involved in court,

and he said, he wasn't. So she asked him

to be the peacemaker. He thought it was a

good idea. His mother thought it was a bad

idea and told him not to get involved as

she hadn't talked to them since July, 1983,

and knew Peterson was a paid agitator.Her

relatives had told us this the day Karen

Peterson moved in so we were forewarned.

Peterson had proven it when she tried to

involve Petitioner's wife in a police

brutality case that she had not witnessed

against Bob Dromgoole, and later a child

molesting case against a Mr. DeCristofaro

who was only sitting under an oak tree to

catch his breath. Both cases would have

caused my wife to bear false witness, so

she refused to talk to them since then.

Glen went into the back yard and talked

to Bob Dromgoole.He said he would never

fireball our house and he knew Karen but

knew us since he was a baby. His pal,Lou,

28.

said Petitioner's wife should go inside and

lock the Pore and windows.They would make

sure no one fireballed our house.

Glen felt so successful there,he went a

little passed our back door and called to

Bertha Doyle. She came over to the fence

and Glen asked her,"Why all the trouble

with my mother?" She was told by Peterson

that Petitioner's wife had told authorities

about her old car and run-offs from her

washing machine,but the run-offs were com-

ing from the washing machine in Peterson's

apt.,Doyle answered. Glen told her we have

an Old car,too, and we knew it was Peter-

son who was polluting the cove,as part of

her agitation campaign, and not her machine,

This conversation was quiet and only 3

sentences and a few minutes,and they both

returned indoors. Petitioner's wife wit-

nessed both conversations,and it was peace-

ful. Peace and quiet until Peterson came

back from a week's vacation. Then the noise

and trouble started,with threats and swear-

296

ing from Peterson,and visits every day from

police, detectives, and people carrying clip-

boards from cars with Walsh/Flaherty bumper

stickers on them,making loud talk and ges-

tures pointed at our home and property.

Joe \Walsh,was our Mayor,and Frank Fl-

aherty,our Councilman,in the ward the pump

was being illegally sited on clean water.

He was moved into the ward,and at the very

edge, just to get this sewer pump sited to

service the condos this group of Section 8

orofiteers wanted. They are both part of a °

clique using the democratic party and tax-

payer's money to make themselvese million-

alres,by using the cheapest material and

charging exorbitant prices, i.e. ASBESTOS

SEWER and WATER PIPES,which an honest,in-

telligent person would not buy at any cost

but this group of Sec.8 pols have laced all

the ground and ground water with ASBESTOS

from Smithfield to Point Judith.

They hit a snag here when the residents

rrotested the destruction of our last clean

30.

water cove,whick is "SA" quality and can't

ve defiled with sewage appurtenances, i.e.

sewer pumps, asbestos sewer pipes, (some

are less than 10 ft. from our clean water

cove). The money to build comes from the

Federal Water Pollution Control Act Fund,

1972 and states clearly that no sewer pumps

etc. can be built on "SA" water after JULY |

- 1.1973. This illegal sewer pump was planned

in December 1977 and built on clean water

in 1980,falsifying every document on all

important criteria for funding.

Petitioner's wife and a group of neigh-

oors went door-to-door with a petition and

brought it to the Mayor Joseph Walsh, Gov.

Garrahy,and all the Agencies paid to pro-

tect clean water. We found that ex-Gov.

Philip Noel wanted to build condos, needed

sewers, and decided to bring his sewage to

che poor of Oakland Beach,as the rich of

Warwick Neck wouldn't hear of it. They did

not want the condos either,

Respondents started their criminal and

dle

Civil violations then,and falsified city,

state,and Federal documents,brought us the

plague of the highest cancer death rate

from the enormous amount of buried asbestos

the Respondents had profitted from.

Ex-Gove Philip rae had his lawyer,

Charles Butterfield,go over to the Warwick

planning board and tell them where to site

the needed sewer pump. Charles Butterfield

was then the Chairman of the Warwick Demo-

cratic Party.Butterfield was not an engi-

neer or ecologist,but he was involved with

several other Section 8 projects with Phil

Noel, and placed in the strategic position

of first President of RIHMFC which gives

out the money for all the Section 8 proj-

ects,and as the papers states "he is lau-

ghing all the way to the bank",

Butterfield's associate lawyer is Frank

Flaherty,and his brother Robert Flaherty,

was positioned in the Health Dept. to see

that all fraudulent documents passed right

through without a hitch,

32-0

The conspirators were all in place and

all palms greased, even in Boston "the con-

tact man"for this project was Guy St. Andre,

His answer,when all the facts and documents

proved our cove was clean "SA" quality wat-

er, was "All the water will get polluted

anyway, so if it's pure now it will not be

for long."

So that another couple of million dol-

lars in taxpayers money shot, and why is

this non=-competant in such a position in

EPA? It is for sure he is not protecting

the environment, but he is protecting the

interests of the Respondents,

The DEM was James Spaulding and when

he saw the irate crowd at the certification

meeting, and a meeting from Clean Cove Co-

mmittee to look at false document for per-

mit, he locked up the papers and moved out

of R.I. Mr. Fester took his place and did

not allow any discussion on the false per-

mit. His position is Chief of Water Pollu-

tion Control, The DEM is Robert Bendix, He

550

-T

has stayed totally out of any discussion

or action pertaining to clean water. We

have never heard him address any of the

facts either in person,by letter or in the

news media. His Own people in the DEM off-

ice have accused him of giving everything

away to the polluters and condo-builders,

and doing nothing for the environment.

Petitioner's wife,along with other ne-

ighbors,gathered about 1,000 signatures to

move the pump site away from clean water,

They formed a committee and incorporated

into the CLEAN COVE COMMITTEE,Inc. and

Petitioner's wife was made the President,

and still is. They publicized this atrcecity

on T.V. and in the local newspapers,War-

wick Beacon and Providence Evening Bullet-

in, on radio talk shows and went to Wash.

D.C. for several weeks since 1978,includ-

ing about 100 letters a year to T.y. shows

environmentalists,statemen in all areas of

U.S. including President Reagan,where we

got the best results of alle

Due

But the illegal pump is still there,

sited on our clean water,in front of our

Public Park, asbestos pipes are still in

the ground rotting into an unmanageable

mush that will disintergrate into the soil

and water (as it has done in Woodstock,N.Y.

the water is full of asbestos fibers and

cancer deaths are on every street there).

The City of Warwick stopped buying more

asbestos pipes,after we were surrounded by

asbestos,and can not drink the water here,

and Clean Cove Committee planned the sit-

down strike at the Water Dept. bidding,of

more asbestos pipes.

We even went to the U.S, Attorney and

talked to several people there,.Petitioners

wife talked to U,S, Attorney Lincoln Almond

in person,but he didn't seem to be affect-

sd by the atrocities and criminal violat-

ions of the Section 8 politicians, even

é

though the Federal Clean Water Act viola-

sions and Executive Order 11988 violations

are definitely within his jurisdiction to

55-6

have the Federal laws, Acts of Congress,

and Executive Order for Floodplain Prot-

ection,enforced and obeyed.

Is there no office or agency that ex-

ists to see that these contracts between

the Federal government,and city and state

government do not cheat or defraud the

vaxpayers,once they get the money ?

Petitioner's wife was told that Mr.

Sammartino would be very interested in

knowing about these illegal acts by the

City of Warwick and the politicians that

were profiting from Section 8, so she

called nim and talked to him about the

false permit being issued to violate the

last clean cove we have and using Clean

Water Act money to do it. She knew someone

had to be in charge of prosecuting these

law-breakers,but no one has,so far, except

our new R,I, Attorney General Arlene Vio~

let. She has gone after the Section 8 pr-

ofiteers,and has the courage and tenacity

will-power and intelligence to get this

36.

difficult job done,that no one else would

do. SO now the profiteers have financed,

in a large part, a man from U.S, Attorney,

Lincoln C. Almond's office named James O'

Jeil to run against our R,I. Attorney

General,Arlene Violet because she has

succeeded in bringing to court some of

these law-breakers that have been the sc-

ourge of the R,I. taxpayer's,for too long.

Dennis Roberts was the Attorney General

for R,I, at the time Petitioner's wife ana

her Committee went into court to rectify

the illegally sited sewer pump. She got no

where. The laws were all ignored,in lieu

of patronage,

The laws are all being ignored again in

this Civil Rights case that your Petition-

er has brought before the courts in R,I,

The crimes and civil violations commit-

ted by hirelings of these Section 8 poli-

ticans,who have made themselves million-

aires at the taxpayers expense,have been

allowed to break the law with impunity.

37 6

These profiteers think of Rhode Island

as their own Monopoly Board.

They have got to the point where the

guilty can now put the innocent in jail,

and worst,yet,into the crazy house and for

evermore,taint the reputation of the inno-

cent,from false police records to the weak-

ness Of people to believe the worst.

The U,S,Attorney Lincoln Almond never

allowed this case its day in court. None

of the allegations were allowed to be he-

ard, The 4 points made in his Motion to

Dismiss,had all been done and correctly

and timely by your Petitioner,yet, the

U.S, Attorney's Office said they hadn't.

He writes that Petitioner never stated

a claim then mentions e of the claims,

There are 36 pages and he mentioned 35

and the last page has the claims. But it

is clear that he did not read the case,

because this is a Civil Rights case based

on 4&2 USC 1983,because conspiracy has been,

and is,going on to deprive Petitioner of

his legal right to a fair and impartial

38.

hearing and trial before a jury to get

these facts out in the open and finally

let the people know what is going on and

stop all this finagling on technicalities

and get down to the job of judicating and

enforcing the law, ~

The U.S, Attorney attempts to make

a supercilious remark in every paragraph

of his MISSTATEMENT OF THE CASE because

in paragraph;

1. The grievances with the COE, IRS,

and EPA are mentioned on pages 29,at the

bottom,to 34,at the top,of the COMPLAINT.

On pages 8 and 9 of REBUTTAL TO MOTION TO

DISMISS, On pages A-2 to A-14 of MEMORAN-

DUM OF LAW. He failed to read the Compla-

int and the auxiliary papers, so wrote he

could find nothing about any dereliction

of duty. It is hard to blame these Agencies

when all they get from the City of Warwick

is official lies and doctored documents.

2. The law states if a person is claim-

ing he has been conspired against,then that

39

it

person must show how and why he has come

to that conclusion. Petitioner and his

family being eubjected to continual attack

since 1978,by hirelings of the Section 8

political profiteers,of course,mostly in

the night and using a third person, but

many times leading directly to Respondents

and these had to be told and documented to

prove conspiracy. So it is a convoluted

complaint and took nearly a year to un-

tangle this conspiracy, to write it, and

several years to figure out what was hap-

pening to us.

If it is uncomprehensible to U.S. At-

torney, there are Comprehensive Reading

classes available.

If U.S, Attorney does not believe that

trespassing in the night to bring harm,to

do damage, and to threaten the life of

Petitioner,and his family,and property, 3

arrests of Petitioner,2 of his step-son,

who was held 8 hours in jail and 53 days

in the crazy house,locked in with rapists

40.

and murderers,and drusved,came out of the

crazy house badly shaken,yet,got a job,in

a month's time,and worked hard,but contin-

ually getting called over to Kent County

Courthouse for "interrogations",not about

crimes but slandering his mother and at-

tempting to intimidate a witness,my step-

son,vecause we were together witnessing

his car sale when the Respondents and their

hirelings were trying to place Petitioner

near the stairs of the agent provocateur,

Karen Peterson,at 368 Sea View Dr. when

Petitioner was over 200 ft. away at his

own property 388 Sea View Dr. and that is

where he was when police arrested him,and

not committing any crime,but under color

of law the Respondents and their hirelings

conspired to arrest an innocent man to

appease law-breaking politicians.

An attempt to break into our house at

388 was made on Nov.23,1984.A brown sedan

with black top QN448 put a spotlight on

41.

it,then broke lock on screen door and was

using a penlight while trying to break-in

front door. Scared them off,called police

Linda Eastman,again no crime report made

and no arrest of theives. Step-son still

in work and got back to 388 and told of

attempt. All Glen thought of was his books

and the thought of losing them just broke

him down,for several months he didn't go

Out,finally he put his books in several

boxes and Petitioner's wife minded them

while he went to Apponaug to apply for

work. Enroute home he was hit by a white

car and knocked over the top of the hood

used hishand to shield his face from wind

shield. His bike broke to pieces,hand all

swollen up for several weeks,coat ripped

and dirty. Man who hit him drove him and

sections of bike back to 388,promised to

replace bike by following Friday and pay

for any other damages. Two policemen at

scene Of accident just looked and said or

Lee

did nothing. The man never repaid Glen,

petitioner's wife got name of man from

police dept. and form to fill out from

Motor Vehicle. Both Petitioner and his

wife think this could have been another

deliberate "accident",since both of us

have been nearly run down by vehicles that |

have accelerated to high speed (in 25 mph)

known trespassers at the wheel.

Now walking,was arrested again,police

man badge #209 took him to jail,pulled

apart his knapsack and more interrogation

~- just for walking,in daylight,on street he

has lived for most of his 29 yrs.

Glen told them they had no right to de-

tain him or interrogate him,Mr. Cherry of

Claypool Av. runs him over,2 police witn-

ess it,"not a criminal act", walking is?

Glen had obeyed the request of police

and wound up arrested on charge of "Intim-

idating a witness". These false charges

dismissed Sept.1986, after 2 long years

of harassment and worry. Bertha Doyle did

4d

not answer the subpoena and moving to Ma-

ine,before she gets locked up for perjury,

she never wrote those charges and did not

read what the detectives and Warwick pol-

ice wrote,she had no idea to cause trouble

for Reiner Schwarz or Glen Bowman,she did-

not want our house,it was Peterson's idea

and she was afraid of her because she took

drugs and knew karate and threatened her

and had drugs all over her upstairs apt.

Doyle told this to another neighbor who

retold it to Petitioner's wife, Doyle did

not show up at the court,Petitioner's step

-son and wife waited over at court 3 days

in a row, Glen Bowman is so ill now he

does not realize he is free of the long

nightmare and can leave and live and work

in a free society in another state,he is

afraid and have very little intersst in

living,he doesn't know who to believe and

responds negatively to everything.

Petitioner still has the first false

arrest charge hanging over his head though

Le

he had gone over to Kent County Court at

least 30 times,on summons and subpoenas,

He was polite,quiet,neatly dressed,and on

time,had his witnesses with him ana photos

pertaining to the subject involved,and af-

fidavits from real neighbors and employers.

Petitioner was always told to go home. He

had lost another day's work.

Always followed from work Petitioner

got so apprehensive decided to take bus,

so went to get bus schedule at Park and

Ride Bus stop. Policeman following him

- made him get out of his truck by pulling

Petitioner out by his arm, and locked him

in police car while he made a rummaging

search of Petitionerstruck and glove com-

partment,looked at and read everything.

Policeman wouldn't give Petitioner his

name. Petitioner told him that he had br-

Ought these violations of his Civil Rights

to Federal Court.Policeman let him go.

Motor damaged next night in yard,went on

4.

Ti iccnniieiiiaicetiaiemtaiaaehiaaeiiiliaiiiaiiialial

bus to work,and stopped off to get grocer-

ies and then back on another bus, tiresome

and nerve-wracking,still hounded to go

back and forth to court for something that

: never happened, started to get severe head-

aches on top of severe indigestion,also,

knew Petitioner's wife was being hounded

by filth and threats from Respondents'

co-conspirator Peterson,and worried about

her safety,and heaith of all of us,decided

to stay home from work,until something was

done about these criminals in office and

the police dept. that used the dept. to do

the dirty work of the Respondents.

Petitioner's wife agreed with him conm-

pletely,as she feared for my life every

time Petitioner left the house.

Petitioner's last summons was delive-

red nearly one month late. It was for May

19,1986 and received it June 16,with 2

postmarks on it,and slid under the porch

screen door. We have had 15 or more post-

man,since our regular mailman got ill.It

LO.

seaiiacneiaaeamcmiiadiiieiiiaaeameail

was catch as catch can except for one le-

cter carrier that was very efficient,out

only here a short time. IRS forms left

Over at Apponaug post office 13 months

for lack of enough postage, when the proo-

er procedure is to deliver it back to se-

nder for more postage. We had to go over

and pick it up and sign for it,and lose

more time.The mail has been one of the

least of our problems until this mistake

on this summons,your Petitioner now goes

from 2 warrantless arrests,and e warrant-

less detentions,and 2 warrantless appre-

hensions,to a warrant for his arrest for

not responding to a summons he did not

receive,until too late.

U.S. Attorney received copy of Compla-

int Sept.6,1985,mailed Sept.5,1985, not

as his office states Sept.11,1985. Petit-

toner has copies of both certified mail

receipts,

U.S.Attcrney Lincoln Almond mentions

uve

Oe ee ee eee

.

cueectnnatiitieb se ee

Wiitiiieicsisnstrionccinane (esheets

"Nazi persecution" and "frivolous'',in his

avoidance of the truth of the criminal

acts of the Respondents,and Respondents

violations of Petitioner's Civil and

Constitutional Rights because Petitioner

and his wife,and the CLEAN COVE COMMITTEE

Ince brought to public scrutiny the devi-

Ous behavior of Respondents falsifying

government documents and siting sewage

appurtences on clean "SA" water and using

funds from the CLEAN WATER ACT to defile

clean water instead of protecting it as

the laws and this Congressional Act has

mandated since July 1,1973.

If there is a Nazi among the group of

Section 8 politicians that conspired to

evade the law in siting this illegal pump

and subsequently,bedeviling and hassling

innocent people under the color of law,by

having them falsely arrested,driving my

step-son into a nervous breakdown,and de-

folteties our trees,bushes and plants,with

herbicides, anti-freeze,and salt water, the

48.

names have fooled us. Ex-gov.ePhilip Noel,

ex-mayor Joseph Walsh,ex-chairman of the

Warwick Democratic party Charles Butterfield,

ex-attorney general Dennis Roberts,and ex-

councilman Frank Flaherty,now Mayor Frank

Flaherty of City of Warwick,and a list of

their hirelings,noticeably,Peterson,gives

no clue to such ancestry,but persecute they

did,and still do.

If the U.S. Attorney or anyone in Lin-

coOln Almond's office thinks that any part

of this Complaint is "frivolous" they have

-a very warped sense of humor.

The Respondents have harassed and tried

to make jobless several other people who

dared to tell the truth about them,includ-

ing our weather man,a Federal employee,

Michael Carbone,and our present Attorney

General,the courageous,Arlene Violet,

The word "sincere" is the most offens-

ive in such an insincere evaluation of this

Complaint.

49.

The claims are specifically made on pg.

36. U.S. Attorney's Office mentions a 35pg.

Complaint,but did receive a 36 page Compl-

aint and quoted from it,but left out the

main reason this court case started;

Item 2. That Defendants be made to re-

alize they can not break the law with im-

punity,so the atrocity the Defendants com-

mitted by falsifying government documents,

a fraudulent permit,will be rectified and

the sewer pump resited,and a Grand Jury in

vestigate this,and all other violations

mentioned in this Complaint.

3. (a) Petitioner did state three cl-

aims on page 36. Two were quoted by the

U.S. Attorney,and the missing one,supra,

has been written verbatim from the Comp-

laint.

(bo) This is a Civil Rights case,not

a Torts case.

(c) The Government was properly ser-

ved,by certified mail and we have copies

of returned green cards.

D0 «

(da) No one can break the law with

impunity, therefore, no one is immune from

suit.

On October 24,1985, U.S. Attorney's

Office received,and signed for by Rebecca

Gurdani,a REBUTTAL OF MOTIONS TO DISMISS,

This was totally overlooked by his staff

and never mentioned.

All 3 were based on technical error

mentioned by U.S. Attorney's Office which

has no basis in fact,as Petitioner had

complied with these technicalities to the

-letter of the law,as explained in (a),(b),

(c),and (d) supra. The last one from the

City of Warwick lawyers, arrived Sept.28,

1985,mentioning the technical error of not

numbering the paragraphs. An error appar-

ently overlooked by most lawyers,but in

their "sincere effort" to be fair to a Pro

Se Petitioner, they have gone out of their

way to reach for the trivial while serious

charges are overlooked,

Hurricane Gloria had hit on Sept.27,

51.

and .e had no electricity for about 9 days

and several trees had buried Petitioner's

truck and ripped off half the roof,more

fences down,trees felled or split in half,

and police added to destruction by break-

ing in back storm door,marking up inside

door and shingles above cellar door,which

they were jumping up and down on,in attemrt

to make Petitioner leave his home.

There were several strange trucks and

jeeps outside our house that did not be-

long in the area,but the police concentr-

ated on getting a homeowner out of his own

home,which would have precipitated another

false arrest by the Warwick Police,and fo-

rcing Petitioner to leave his house, where

he was safe,and to leave his home unguard-

ed. The trees crashed down directly above

the police and they ran for their lives.

The only man killed in the hurricane

was killed by a tree falling on him.(Not

in this area). But there was a burglary

and a break-in on this very block.

52.

Governor of R,I. stated there was no

Marshall Law declared,therefore, it was

more lawless behavior by a segment of the

police dept. who spent their time forcing

aman from his home where he was safe,and

allow looters to take over the deserted

area.

Petitioner's step-son was forced to

leave 388 Sea View Dr. where he has been

residing until this case is settled, by

a truckload of men and 2 policemen. When

he got home he found the door standing open

‘and he had locked it. These continual att-

acks on his person and his psyche, have

taken their toll on his life and mental

health. He is in a nervous breakdown right

now and has been for over a year. He was a

quiet studious young man,helpful and cons-

iderate. He got good grades in school,won

an award for meritorious achievement in

science research,and played the trumpet

solo at his graduation and in the school

band for 8 years. Books are his whole world,

5D-

In the U.S, Attorney's Argument against

the violations of Petitioner's Civil Rights,

lincoln Almond continually confuses the is-

sue Of a Civil Rights case with a Torts

case. He did not read the Complaint or if

he did than he intentionally mislead the

Court. The Respondents have used every one

they can buy from drug-pushers to Federal

Agencies to harass Petitioner and his fam-

ily. Petitioner's wife saw a white car wi-

th U.,S,Government plates J,5,168 and a man

with a tanned face and white hair,leading

a dk. blue truck. The man in the governn-

ent car was pointing to our large blue

spruce and the truck went around to the

back of our lot,stopped the truck,took a

large white sprayer off the open back and

proceeded re my blue spruce. The dogs

On the back street started to bark and a

group of people at the Dromgoole yard got

up from the lawn chairs they were sitting

in,to watch this intruder. The dogs foll-

owed him. He left. He came back that night

D4e

and blew a hole in our beautiful Morheim

Blue Colorado spruce.It is about 40 ft.

high and in the center of our yard. The

truck license was__ 62165. and Petition-

er's wife called the police and gave them

the license numbers.It was a bright sunny

afternoon and she was at the oak tree on

the fenceline near the street and very easy

to see.It was the first Sunday Petitioner

wife had stayed home.We had gone out every

Sunday afternoon, the surveillance on us

knew this,so the blatant display of crimi-

nal behavior was going on right in front of

her. As Petitioner's truck was gone from

driveway,as I had gone shopping,and it was

Sunday. Many people did not know the gard-

en across the street was ours,and that is

where my wife was at the spigot getting the

water turned on. It was a merciful God that

let her see who the enemy really was because

the Respondents wanted her to think neigh-

bors were doing all this damage every time

they went out.Neither the police nor her

De

Representative Richard H. Johnson, would

identify these criminals who were trespas-

“ging On our private prooerty,and poisoning

and killing our trees and hundreds of our

flowers,and the soil around them. Petitio-

ner and his wife have to wear heavy shoes

and boots,outside,to combat neuritis, which

got so severe last year that Petitioner's

wife nearly died.

It was pouring rain,Petitioner's wife

went to help step=-son who had locked him-

self out. She had on high boots but a cut

had let in rainwater from deep puddles.

She started to feel sharp pains in her

feet and both legs,paralysis set in,her ri-

ght arm became numb and right side,she was

in agony and knew if the paralysis reach

her heart it was live or die,within mom-

ents.Petitioner wanted to call the Rescue

squad. Petitioner's wife said that it was

happening too quick,only God could save her

and she was praying then. If God wanted

56.6

her to keep on with His work she would get

better,and over night she did get better.

She has had wrist drop and foot drop and

tingling and difficulty walking. She has

typed for weeks on end with a wrist sup-

port of leather. She was 59,then 60 at the

time, but Petitioner is several years you-.

nger than his wife, her son was 26 years

Old when he started to feel the same sym-

ptoms. He used to lay on the grass,and has

foot trouble and aches all over,and so has

Petitioner. It is directly involved with

the saturation of our property with chem

ical poisons,herbicides and insecticides.

U.S. Attorney Lincoln Almond wants a

short statement of 83 years of violations

against our Civil Rights as Human Beings

let alone Citizens of these United States.

How can Petitioner condense violations

that range from gerrymandering us right

out of our voting district on our clean

water cove and forcing us to vote over on

the polluted cove side,(My wife has lived

in this house 40 years and is President of

D7 «

er

the CLEAN COVE COMMITTER,Inc. for past 7¢

years) to having suffered and endured th-

reats,slander,arson attempts,gunshots,

false arrest,false imprisonment,and a —-

nervous breakdown?

Hundreds of criminal actsand violations

of civil and Constitutional Rights have

not been mentioned because of the page li-

mitation,but they happened nonetheless,

Propaganda from Russia mentions dis-

sidents being put in the crazy house there.

Ye are dissidents here,we do not agree

with the politicians who violate the Clean

Water Act and other state and city laws,

to bring sewage to clean water and poison

the land and water with ASBESTOS water and

sewer pipes.

The Respondents have tried to put us

all in the crazy house, either before or

after they drive us crazye SO who are we

co talk about the Russians?

Petitioner's wife says,''But we have a

UNITED STATES SUPREME COURT we can go to",

58.

SUMMARY

Petitioner has set out claims, serviced

all the Respondents by registered mail on

time,repeatedly rebutted that this is not

a Torts,but a Civil Rights case,

Respondents,and their lawyers,know this

started when they falsified the permit for |

a sewer pump on clean water,by using fraud-

ulent findings-of-facts. They are still ig--

noring the truth,and the facts of this case.

Only allegations of pleading may be con-

sidered on motion to dismiss it.Eberle v.

sinclair Prairie Oil (1940,DC Okla)35 FSu-

pp 296,affd(CA 10 Okla)120 F2d 748,135 ALR

1494.

Petitioner's Fourth and Fourteenth Amend-

ment Rights have been totally violated.No

One will deal with facts of this case.It hes

not been heard anywhere.It is sanctifying

lawlessneSSe

Everything written here is true, s0

nelp me God. Yep 3 2, GF Pro Se

REINER SCHWARZ,Pro Se

a ee ee

HH HHH HHH HHH HHH HH HHH HH HHH HH HHH HEHEHE HHH

APPENDIX

HHH KH HHH KH HH HEHEHE HHH HHH HHH HEHEHE HHHEKEE

Hh PP END X

U.S.COURT OF APPEALS FOR THE FIRST CIRCUIT

C.A. NO. 86-1065

REINER SCHWARZ

Petitioner,

VSe

CITY OF WARWICK,ET ALS.

Respondents.

- APPEAL FROM THE U.S. DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

Honorable Raymond J. Pettine

U.S. District Senior Judge

Before Coffin, Chief Judge,

Bownes and Torruella, Circuit Judges.

July 28,1986

nibdiiate

Reiner Schwarz appeals from a judgment

of dismissal which was rendered after an

untimely Rebuttal of Motions to Dismiss,

and Motion for Reconsideration were both

denied on October 22,1985 and December e2,

1985, in the U.S. District Court for the

District of Rhode Island.

This Judgment was affirmed by the U.S.

Appeals Court on July 28,1986.

Petitioner received this Judgment on

August 6,1986 allowing only 4 days to

respond for a rehearing, usually allowed

2 weeks. Petitioner definitely wanted to

ask for a rehearing but with 10 days al-

ready lost in delivery of this Judgment,

the 4 remaining days were not enough.

Petitioner has mentioned, supra, about

trouble with receiving mail because of 15

‘different mailpersons, and privileged in-

former and agitator,Peterson,has no qualms

about Federal prosecution for tampering

with the U.S.Mail, both at Petitioner's

mail box and at 388 Sea View Dr. where

step-son has had even more trouble to the

point of placing mailbox up very high and

locking it. We have seen these trespassers,

on urging of Peterson, enter our property

and our mail box. The Appeals Notice of

Judgment had "Aug.4/85"' written on it in

A-2

ink "Door locked",also,and there is no door

involved as mailbox is outside, aside of

first porch step. Petitioner's wife was

lucky to get it when she did as 2 of the

occupants of next door (365) were in my

yard and reaching out for our mail,but

wife reached out to get it from the mail-

mane Another mailman that has never been

seen before or since and could have easily

given our mail to these people because it

looked like he was about to do that, but

avoided this time, by my wife.

In this July 28,1986 unpublished deci-

sion,the Appeals Court for the First Cir-

cuit, went along with the "neighbor dis-

pute business",which has been the "cover

story" or alibi given out,by the Respond-

ents since 1978, when the roses all start-

ed to die along the fence.Petitioner had

over 50 rose bushes,many prize-winners,so

beautiful and outstanding that they were

the first of our garden to be attacked,

Petitioner's wife said,"Show me which

A-3

one of my neighbor's owns a helicopter or

small plane and I'll believe you." My wife

has been sprayed by defoliants 5 times, 2

were helicopters,2 small planes and once

the Warwick City truck,yellow with a gray

hopper on back,which sprayed directly at

our blue spruce,and over it to a Japanese

red maple.It killed every branch it touched

as within hours the leaves had shiveled up

and several days later the branches dropp=-

ed off. Her jacket has been washed many

times but an odd odor persists.It was in

her hair and she breathed in some by acci-

dent.It was not malathon as report from Da

pesticide div. wrote in report.It was a de-

foliant,and later, and previously, our oaks,

willow,fruit trees and flowering trees were

attacked,

Vietnam Veterans who were fighting aga-

inst Agent Orange told us what it was and

how it worked. John Leo,from Agriculture

aerial spraying dept. said the Respondents

are using “Biological Warfare on you".

A-4

Respondent,agent provocateur,Peterson,

met with police every morning 5:30,and ne-

arly once a day,for 2 years,police were at

ner beck and call,compiling malicious and

untrue reports about Petitioner's wife,and

entered our home with the knowledge of the

police.She conspired with police under the

color of law to have Petitioner,his wife,

and step=-son arrested,and conspired to put

all of us in the IMH, ‘Je overheard Peters-

en's talk with Officer Eastman concerning

setting into our home.

After Peterson was successful in having

Petitioner arrested,and step-son, she ask-

ed police to have Petitioner's wife arrest-

ed. Officer Walch was present when Peterson

said,"I got Ray Pendergast to put your son

in the IMH,and your husband in the IMH,but

they are not crazy,and now I'm going to get

you put in the IMH because you are the cr-

azy One!" Filth spewed from her mouth as

she shook both fists at my wife. The police

told my wife to go in the house and lock it.

A=5

Motion for particulars served after ex-

oiration of 20-day period for filing ans-

wer was regarded in light of excuses for

delay advanced in counsel's brief,as app-

lication for enlargement of time and was

granted accordingly. O'Leary v Liggett Dr-

ug _ Co.(1940 hio) 1 272-6

Fed. courts have held it is permissible

to state a civil cause of action for cons-

piracy based on 42USCS 1983 especially if

the conspiracy was carried out.It has been

recognized that a cause of action exists

‘under 1983 if an alleged wrongful confine-

ment to a mental institution is involved.

This is an action from a conspiracy to

interfere with civil rights under 42uUSCS

1985(3),and for deprivation of such rights

under 42USCS_1983,wherein conspiracy depr-

ive Petitioner of his rights,privileges,

and immunities secured by the Constitution,

Lewis v Brautigam (CA5 Fla)227 RFo2q 124399

ALRed. 505,

A-6

in eiieeineiiaiant iaieaiimaaiiaiel

Litters

Reflections on Orwell and ‘onslaught of official lies’

George Orwell, in his book,

“1984," wrote. “The people's

minds will be numbed by the

onslaught of official lies.”

Here in Rhode Island that hap-

pened in 1978, when the full

impact of a stacked deck and

crooked politics was brought

home to a large crowd of taxpay-

ers who believed they would be

listened to, and the atrocity be

resolved. Instead, official liars

spieled on for two hours. Our

documents were disallowed. Any-

one who hinted at the truth “went

off the record “

This hearing concerned siting a

sewer pump on clean “SA" water

in violation of the Clean Water

Act, by using a fraudulent permit

in which all important facts were

falsified. “SA water, open to

shellfishing, V10 Zone, was

changed to “SB” water, closed to

shellfishing. AlQ Zone, etc. The

truth was ignored even in the

“alleged” halls of justice.

The Greenhouse Compact will

give more taxpayer dollars to pet

projects and appointees, whose

only position is with hands out

and eyes closed

Listen to Prof. Allan Feldman.

who said. “Most of the money

goes to high-paid ‘engineers’ and

political bureaucrats and venture

capitalists.”

He is an economist at Brown

University. We shouldn't rule him

out just because he knows what

he is talking about.

As Anthony P. Mayo wrote, the

threat to freedom is real. With the

Murray Commission exempting it-

self from laws, open meetings.

firfancial disclosures, and Gover-

nor Garrahy restacking the “jus-

tice system.” more appointees can

put a stranglehold on whomever

we vote into office.

When did the state bird become

a vulture?

Catherine Elizabeth Schwarz

President

Clean Cove Committee Inc

Warwick

CERTIFICATION: True copies of this Writ of

Certiorari were mailed to; Lincoln Almond,

U.S, Attorney, Federal Bldg. Kennedy Plaza

Providence, R.I. 02903, Attorney General

Arlene Violet, 72 Pine St. Prov. R.I. 02903

Olenn & Penza, 1246 Chalkstone Av. Prov.

R.1. 02908, Edwin Meese, Attorney General

USA. Dept. of Justice, Constitution Av. &

10th St. NW Wash. D.C. 20530, John C. Mar-

tin, Inspector General EPA, 401 M St. SW

jash.e D.C. 20460, Joel Gerber, Chief Coun-

sel, IRS Dept. of Treasury, 5th St. & Penn-

syvania Av. NW Wash. D.C. 20220, John O.

Marsh,Jr. Secretary of Army, Pentagon,Wash.

{

) ff, ts

bu ap kY tid? yy lre Se

REINER SCHWARZ,PRO SE.

374 Sea View Dr. Warwick,

Rhode Island, 02886

Tel. 1-401-738 7648

-

D.C. 20310.

NOTARY

Sworn to and subscribed before me on

OctobergA,1986. Mm | Lis

“-