|Dedrick Moone||Tue, Feb 23, 2016 at 7:39 AM|
Cc: Cynthia Vaillancourt <email@example.com>, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com
I have Peace Orders established against the parents of my daughters harasser. These Peace Orders have been repeatedly violated this family yet the Howard County State Attorney’s Office has admitted an unwillingness to prosecute in incorrectly stating that the peace order does not provide provisions for protection for me when it in fact does. The Howard County Police Department and Sheriff’s Department have been unwilling to act due to the age of my daughter’s offender. That in itself is understandable to a degree. However I have mentioned many times to them that this older child has committed these same acts upon children within our community and at Longfellow Elementary. Hence it’s not just my personal problem, it’s an institutional and community problem.
All that being said, I have penned a letter (Please see attached) that details my litany of concerns regarding the institutions in Howard County. I believe it critical that you look into this as it deals with public safety and justice for all individuals within Howard County including myself. As a result, I spoke with David Little, Howard County Director of Constituent Services and Community Partnership at length regarding these matters on 2 February 2016. While Mr. Little was empathetic, his hands are tied as a member of the Howard County Executives Office as these institutions report to the State of Maryland Versus Howard County. With all of that being said, it is my sincere hope that you will afford me the same platform in discussing these matter not only for myself but on behalf of all citizens in Howard County once you have had an opportunity to peruse the attached letter. Thank you for all that you do on behalf of all of the residents of this great State of Maryland.
Dear Governor Hogan:
My daughter and I have suffered a litany of abuse and harassment at the hands Mr…., Mrs…., and the institutions within Howard County, MD. This abuse has included defamation, slander, verbal harassment, physical assault, sexual assault, attempted murder, telephone misuse, cyber-bullying, false imprisonment, and the list goes on. As a specific case in point, Mr….physically assaulted and threatened to murder my daughter and I in front of the Howard County District Court Commissioners Office on September 8, 2015. These acts violated the conditions of MD Criminal Code 3-203 (Assault and Battery). I subsequently pressed charges against Mr…..as a result of this incident. While probable cause existed, Joanna Miller, Howard County Assistant States Attorney declined to prosecute due to a lack of video evidence. The Howard County State Attorney’s Office did however allow me to enter a Peace Order/Complaint for Protection against Mr…. That peace order number is…. In that Peace Order I explicitly stated that I wanted the Respondent(s) to have no contact with my daughter, my ex-wife, and myself. Judge Mary Reese approved that Peace Order on September 15, 2015. The Howard County Civil Clerk’s Office however advised that I would need to enter a separate Peace Order to request protection against Mrs…..despite my initial filing. I will not belabor that point however as it will be addressed later within this document. My daughter and I have been living in [increased] imminent fear and danger of this family since that decision was made. I wholly believe that the Howard County Assistant State Attorney’s decision not to prosecute Mr…..allowed him to develop an aura of invincibility as if he is/was above the law so to speak. As a result Mr…..proceeded to arrogantly violate the conditions of MD Criminal Code 3-802 in stalking me from behind in his motor vehicle on December 29, 2015. He also violated the conditions of MD Criminal Code 3-803 in threatening and harassing me in front of my home of all places on that same date in question. He also violated the conditions of the no contact peace order on December 29, 2015 by simply uttering a word to me…… communicated several threats to include threats of harm to my daughter and myself. He also made a public mockery of my physical disabilities. He further hurled insults at my mother. A great portion of this/these incidents was captured via cell phone video. I subsequently contacted the Howard County Police Department immediately there-following. Officer Shams was the responding officer. She took a report and entered it under case number….. I spoke with Sergeant (Sgt.) Tommy Rukamp of the Howard County Police Department on December 30, 2015 regarding the incident. Sgt. Rukamp suggested that I enter an application to press charges. I followed suit in doing so on December 30, 2015. The associated Case Number is….. Mr….. was subsequently arrested on December 30, 2015 as a result of these criminal acts. I had an intake meeting with Dylan Young, Assistant States Attorney and a Victim Advocate who while I am not 100% certain of the name, I believe it was, Rosemary Young on January 4, 2016. I discussed these incidents in great detail during the course of this meeting. I provided a plethora of evidentiary data during the intake session. With that being said, I discussed with Mr. Young the abuse that my daughter has endured at the hands of……and the failings of the system(s) in place (Howard County Police Department, Howard County Sheriff’s Department, Howard County Juvenile Services, Howard County Public Schools, Howard County Board of Education, and Howard County Social Services). With that in mind, I disclosed to Mr. Young my trouble in getting Howard County Juvenile Services and the Howard County Police Department to take appropriate action regarding……continued delinquent behaviors towards my daughter. This delinquent behavior includes multiple accounts of attempted murder, sexual assault, assault and battery, harassment, bullying, and cyber-bullying to name a few. What’s sad is that this pattern of behavior extends all the way back to February 2015 and possibly beyond. I further disclosed to Mr. Young that my daughter is afraid to go to school or even outside and play in our community as a result of this continued trauma. With that being said, I advised Mr. Young that I had been working diligently with the White House, US Department of Education, Members of Congress, State Department of Education, Howard County Delegates, Office of the Howard County Executive, Howard County Board of Education, and Howard County Public School System to have my daughter transferred to another school. With that in mind, I disclosed to Mr. Young my trouble in getting Howard County Juvenile Services, Howard County Police Department, and Howard County Sheriff’s Department to take appropriate action regarding Mr. and Mrs. …..daughters continued delinquent behavior towards my daughter and others to include attempted murder, sexual assault, assault and battery, harassment, bullying, and cyber-bullying to name a few. To be specific about…. delinquent behavior, I provided the subsequent list of incidents with locations of occurrence, witnesses, and witness contact information to Mr. Young, Howard County Police Department, and Howard County Juvenile Services (Matthew Fonseca, Regional Director Juvenile Services; Tim Madden, Howard County Program Director of Juvenile Services; and Jacqueline Brogdon-Wright, Intake Officer):
- 14 March 2015: Attempted Murder by Strangulation (MD Criminal Code 2-205)
- 25 April 2015: Sexual harassment by groping and kissing (MD Criminal Code 3-602)
- 25 May 2015: Attempted Murder by Strangulation and Drowning (MD Criminal Code 2-205)
- 12 July 2015: Attempted Murder by Bearhugging (MD Criminal Code 2-205)
- 17 August 2015: Assault and Battery (MD Criminal Code 3-203) and Attempted Murder by Strangulation (MD Criminal Code 2-205)
- 6 September 2015: Assault and Battery (MD Criminal Code 3-203) and Slander/Defamation of Character (MD Criminal Code 5-105)
- 7 September 2015: Assault and Battery (MD Criminal Code 3-203) and Harassment (MD Criminal Code 3-803)
- 10 September 2015: Slander/Defamation of Character (MD Criminal Code 5-105) and Harassment/Spreading of rumors (MD Criminal Code 3-803)
- 8 October 2015: Assault and Battery (MD Criminal Code 3-203) and Harassment (MD Criminal Code 3-803)
- 5 November 2015: Cyber bullying (MD Criminal Code 3-805) telephone misuse (MD Criminal Code 3-804), Slander/Defamation of Character (MD Criminal Code 5-105), and Harassment (MD Criminal Code 3-803)
- 2 December 2015: Harassment (MD Criminal Code 3-803)
- 8 December 2015: Harassment (MD Criminal Code 3-803)
- 9 December 2015: Harassment (MD Criminal Code 3-803)
- 11 December 2015: Slander/Defamation of Character (MD Criminal Code 5-105), Perjury (MD Criminal Code 9-101)
- 23 December 2015: Harassment (Criminal Code 3-803)
Mr. Young requested copies of my correspondence with Congressmen, the White House, Board of Education, etc and I happily obliged. He however retorted that he does not handle Juvenile Matters. As such, I requested to speak with the representative who handles them. Mr. Young stated that we were not there to talk about Juvenile Matters at that time, but he implied that he would forward my concerns over to his supervisor. My legal counsel, Craig Kadish & Oleg Fastovsky also discussed these matters at length with Ms. Miller. Mr. Young gave me a list of action items at the conclusion of the intake session. Having done so, he asked that I reach out to Erica Carpio, Howard County States Attorney, Victim Advocate to submit any updated and additional evidence following our intake session. I complied in providing that additional data to both Mr. Young and Ms. Carpio in addition to Matthew Fonseca, Regional Director of Juvenile Services. Mr…..was subsequently summoned on December 31, 2015 to appear in the District Court of Howard County in the State of Maryland vs…..on March 1, 2016. I was subpoenaed to appear as the plaintiff. Notwithstanding I received an inaccurate, insensitive, neglectful, insulting, and inconsiderate letter from Mr. Young dated January 11, 2016 where Mr. Young stated that he is unable to proceed with the case against Mr……because the plain language of the peace order only prohibits contact with my daughter. He further [inaccurately] stated that it does not prevent contact with me. That in itself is wholly incorrect and inaccurate. Judge Mary Reese granted Peace Order…….on behalf of both my daughter and I. As a matter of fact, Line 5 of said Peace Order…….explicitly states that the Respondent shall stay away from the Petitioners place of employment. The petitioner in question would obviously be me given that my daughter is a juvenile. Hence Mr. Young’s assertion that the no contact order extended only to my daughter was both inaccurate and negligent. Mr. Young made the decision to appoint Ms. Carpio as my Witness Advocate. Having done so, my understanding of her job functions were that she would perform the following:
Provides personal contact through correspondence and telephone contact with each victim and witness of assault, harassment, malicious destruction of property, indecent exposure, reckless endangerment, and other crimes. Victims are often referred to appropriate outside services and organizations that may be available to assist them through the criminal justice system. Ms. Carpio can provide information and referrals in the following areas:
- Court Preparation
- Case Update
- Criminal Justice Assistance
- Property Return Assistance
- Parole Notification
Ms. Carpio unfortunately never followed up with me in acknowledging receipt of the evidence I provided. What’s more damning is that she did not provide any type of correspondence with my daughter or I through telephone, email or personal letter. She also did not reach out to me or my daughter regarding referrals to outside services and organizations that may be available to aid us through the criminal justice system. What Ms. Carpio did instead was serve as the Victim Advocate for Mr. and Mrs. for case number….. With that in mind, she sat in the Howard County District Courtroom beside Mrs….. on January 5, 2016 where she was seen engaging in several jokes with both Mrs…..and her family. This in itself gave the appearance of a personal services contract akin to 48 CFR 37.104 in my opinion. Several people in open court witnessed these interactions. With that being said, Mr. Young’s decision to appoint Ms. Carpio as my Victim Advocate was neglectful given that she was already appointed as the Victim Advocate in a case against me. This becomes obvious given that Ms. Carpio never performed the essential duties of her job in serving as my advocate; however, she did so in the case against me. On another note, Mr. Young’s decision not to pursue or even consider Mr….. criminal acts under the purview of MD Criminal Code 3-802 and 3-803 were neglectful considering his previous assault and battery upon me on September 8, 2015. Please note, Ms. Miller declined to prosecute in that case. I believe that both decisions may have perhaps been spurred on by Ms. Carpio’s lack of advocacy for me. Perhaps this was even spurred on by Ms. Miller’s personal feelings towards me. Either way you slice it, Ms. Carpio should have recused herself from serving as my Victim Advocate as she obviously was too close to Mrs……and her family. Should she even be a Witness Advocate considering her inability to remain impartial? Should she even be a Victim Advocate when she does not have the wherewithal to know when she should recuse herself? Should she be a victim witness advocate considering her inattention and insensitivity towards individuals with disabilities?
It was previously prefaced earlier in this document that I would need to enter a separate Peace Order/Complaint for Protection against Mrs…… to ensure protection for my daughter and myself. I followed suit in doing so. Judge Mary Reese granted said Peace Order on behalf of my daughter and I on September 15, 2015. That Peace Order was granted under the auspices of Case Number….. Mrs….. has engaged in an extended course of conduct to harass my daughter, my mother, my ex-wife, and myself since the filing of the final peace order on September 15, 2015. Incidents include the following
- Making a public mockery of my disability status on September 15, 2015
- Shouting expletives at my daughter and I on October 15, 2015
- Filing a false and defaming police report on my daughter and I October 25, 2015
- Telephone misuse and Cyber-bullying of a minor on November 5, 2015
- Shouting unprovoked expletives at me on November 26, 2015
- Perjury in the Howard County Circuit Court on December 11, 2015
- Harassing my mother by driving past my home on December 26, 2015
The acts stated above not only violate the conditions of Peace Order……., but they also violate the conditions of MD Criminal Codes 3-804 (Telephone Misuse) , 3-805 (Grace’s Law, Electronic Harassment of a Minor), and 3-803 (Harassment). I contacted the Howard County Police Department on December 22, 2015 regarding every incident stated above and within this document. Officer George was the responding officer. He took a report and entered it under that same case number previously prefaced….. Sgt. Rukamp also recommended that I enter an application to press charges considering the multitude of infractions and the length of time that said harassment has occurred. I followed suit in doing so on December 30, 2015. The associated Case Number is…… In that complaint, I stated that Mr and Mrs…… have disrupted the living conditions of myself and several neighbors through their continued harassment. I further stated that my daughter and I have been living in imminent danger of our lives, mental well-being, physical well-being, and property as a result of her [their] continued criminal acts. I also stated that, there are others in the community who are afraid as well; however, they are afraid to come forward and speak out given what they have seen my daughter and I endure. A summons was issued to Mrs…. on January 8, 2016 for 3 acts in Violation of a Peace Order and Harassment; A Course of Conduct. Mrs…. was summoned on January 8, 2016 to appear in the District Court of Howard County in the State of Maryland vs. …. on March 8, 2016. I was subpoenaed to appear as the plaintiff.
With that being said, Mrs….. actions of contacting or rather having her daughter contact my child via telephone on November 5, 2015 violates the conditions of paragraph 3 of the peace order. Mrs….. actions on December 26, 2015 also violated the conditions of Paragraph 4 of the Peace Order. Nevertheless as stated previously, I received an inaccurate, insensitive, neglectful, insulting, and inconsiderate letter from Mr. Young dated January 11, 2016 where he stated that he is unable to proceed with the case against Mrs…. because the plain language of the peace order only prohibits contact with my daughter. He again further stated that it does not prevent contact with me. Whether Peace Order…. extends to me or not is/was not for Mr. Young to interpret as he was not involved in said trail with Judge Mary Reese or the follow-up conversations with the Howard County Civil Clerk’s Office. What’s more, Mr. Young is wrong as Judge Mary Reese advised my legal counsel, Craig Kadish & Oleg Fastovsky and I that both peace orders protected my daughter and I. As the victim of this continued trauma and harassment I am left to ponder did Mr. Young do his homework in following up with those parties involved or did he simply rush to judgment? Was Mr. Young perhaps even coerced in declining to prosecute due to Ms. Carpio’s involvement or lack thereof? Or was he perhaps coerced in declining to prosecute based off of Ms. Miller’s feelings?
As mentioned previously my daughter and I have been living in imminent fear and danger of this family since February 2015. I have went to Local Law Enforcement, Social Services, the State Attorney’s Office, Juvenile Services, the Howard County Board of Education, Howard County Public Schools, the State of Maryland Department of Education, Congressmen, the US Department of Education, and even the President of the United States in an effort to get my daughter and I justice and peace of mind. However unfortunate as it may be, we have been repeatedly let down by those within Local Law Enforcement (Howard County Police Department, Howard County Sheriff’s Department, Howard County Social Services, Howard County Juvenile Services, and Howard County State Attorney’s Office). As a result, my daughter and I have had no choice but to live away from home for an extended period of time. I subsequently had no other choice but to relocate my daughter to another school effective January 11, 2016 so she and I could gain some peace of mind in her educational endeavors without having to worry about Mr…..Mrs…..and their juvenile child. This was accomplished in large part through the cumulative efforts of Allan Kittleman, Howard County Executive, Elijah Cummings, Congressmen, and Barack Obama, US President.
It is an extreme injustice by all intents and purposes to allow my daughter and I to continue to suffer at the hands of the….. families obvious criminal behaviors. It is an extreme injustice that this family has threatened to murder my daughter and myself and has the ability to do so. It is extremely sad that the institutions that are called to protect and serve in Howard County are in affect condoning such behaviors in deciding not to prosecute despite the preponderance of evidence and probable cause. It is extremely sad that Ms. Carpio has never contacted my daughter or myself. Will it actually take Mr….placing his hands on me again for Howard County Law Enforcement to open their eyes and prosecute? Should I perhaps have an independent witness on standby constantly watching over my shoulder? Must Mr…..actually carry out his threats to harm my daughter for Howard County Law Enforcement to truly take action? Will Mr…. actually have to carry out his threats to take my or my daughter’s life for Howard County Law Enforcement to prosecute? Will my daughter have to sink further into depression and God forbid take her own life like Grace McComas for Howard County Law Enforcement to prosecute? Will I have to further succumb to my disability or perhaps render myself non-functional for the Howard County Victim Advocates to truly advocate for me? What will it take for the Howard County Assistant State Attorney’s Office to truly promote justice and ensure the rights of victims?
What’s more, Mr. Young also prefaced that I recently pled guilty to and am currently on probation for assaulting Mrs…. 7 year old daughter. The inclusion of that is wholly libel and negligent as I plead, “Not Guilty.” What’s more I have humbly and respectfully paid for my mistake. The inclusion of that factor in my letter potentially violates the Fifth Amendment of the U.S. Constitution (Double Jeopardy Clause) which stipulates, “No person shall be subject for the same offence to be twice put in jeopardy of life or limb.” As you know, this law prohibits state and federal governments from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. While I am obviously not being prosecuted, it appears that my daughter and I are being punished through a lack of justice for crimes committed against us and a lack of victim advocacy.
The Howard County State Attorney’s Office decision not to prosecute and their lack of advocacy for my daughter and I further exposes us to additional physical harm, emotional harm, and harassment. Howard County Juvenile Services and Howard County Police Departments reluctance to intake….. as a Juvenile Delinquent exposes my daughter and other children in the community and at Longfellow Elementary to additional harm. These actions are grossly negligent in my opinion. As such I am left to ponder the following:
- How many victims in Howard County have been further harmed due to Mr. Young’s inability to properly prosecute?
- How many victims have been harmed in Howard County due to Ms. Carpio’s lack of advocacy?
- How many victims have perhaps lost their lives in Howard County due to Mr. Young’s perceived inability to truly evaluate the risk factors and evidence presented in criminal cases?
- What is Mr. Young, Ms. Carpio, and Ms. Miller’s ability to be impartial?
- Should Mr. Young even be practicing law given the factors stated within?
- Should Ms. Carpio even be a Victim Advocate given her inability to remain impartial?
- What is the extent of Mrs. Brogdon-Wright’s relationship with Mrs…..and her family?
- What is Mrs. Brogdon-Wright’s ability to remain impartial?
- How many bullied children have perhaps lost their lives in Howard County due to Mrs. Brogdon-Wright’s perceived inability to truly evaluate risk factors and evidence presented in juvenile cases?
With all of those things stated above, it should be noted that I stopped by the Howard County District Attorney’s Office on January 19, 2016 in hopes to either speak with Claude de Vestay Jones, Chief District Court Division or Shirley Harbin, Director, Victim Advocate. I instead was approached by Ms. Carpio who stated that she knew that I did not want to speak with her. I stated that is correct unless she is a supervisor. Ms. Carpio coldly retorted that she was not a supervisor, that she was busy, and that she was running late for her next appointment. I was visibly shaken throughout our conversation. Nevertheless I advised Ms. Carpio that I understood but I really needed to speak to a supervisor as it was a matter of public health and safety. Ms. Carpio harshly responded by stating well she has a full case load and she’s busy so I would have to make an appointment. I asked her could she please just the supervisor to make an adjustment to her schedule or simply make an appointment for me. Ms. Carpio said that she would not and that I would need to speak with a secretary. I asked Ms. Carpio to please do this for me as I was succumbing to my disability (of which she is fully aware). Ms. Carpio showed no compassion whatsoever in leaving me to my own vices as she retorted, “that’s not going to get you in here to see anyone. You need to call 911 if you’re having an emergency.” She subsequently threw up her hands, closed the door, and stormed off thereby leaving me completely compromised by disability. I subsequently passed out due to complications with my disability brought on by Ms. Carpio’s inhumane, aggressive, rude, uncompassionate, and insensitive treatment on January 19, 2016 and throughout this entire ordeal. I was subsequently rushed to Howard County General Hospital on January 19, 2016 as a result of this trauma. Despite my medical emergency, I have never received a follow-up from Ms. Carpio or anyone from the Howard County State Attorney’s Office regarding my health condition. With all things being said, I believe you should be completely aware of the injustices brought upon my daughter and myself not only by Mr…..and Mrs….., but also the injustices, harsh treatment, lack of personal care, and lack of advocacy to victims in Howard County.
I am transmitting this letter to not only make you aware of my individualized concerns with Howard County Law Enforcement and the Judicial Departments but also make you aware of them from a community perspective on behalf of all citizens in Howard County. My concern is that if my daughter and I have been repeatedly denied justice and peace by those who have been called to uphold the law and protect and serve in Howard County how many other citizens have and may perhaps fall prey to these same circumstances if change is not brought forward? I believe it is critical that we have a conversation regarding this matter as it deals with public safety and justice for all individuals within Howard County not just my family. As such, I would like to request a face to meeting with either yourself or your designee.
Thank you for all that you do for the State of Maryland sir. And congratulations for taking it to cancer.
Dedrick L Moone
cc: Boyd Rutherford, Lt Governor