Tuesday, July 25, 2017

Legal

Day 76

Coming Out About My Arrest
2:00am:
My intended lawyer advised me not to Blog about my arrest, lawyer stuff, trial, etc. But, this evening I was going over my over-the-phone appointment with this lawyer guy in my mind. And I decided not to use him because he is:
#1: Too argumentative
#2: Too expensive [$3,700 retainer to take my case to the point of a trial. $3,700 to go to trial. Other expenses too.]

The charge against me is:
Improper use of emergency communications system [911][Link]


Here's the story:
I go to Beaverton's Fountain Park quite a bit. The park is neat. Nice fountain pond. Little iPhone published a pic of that fountain awhile back. You may have seen that pic.

Anyway, I was there last Friday evening when a Beaverton cop came up. He announced that camping is not allowed in the parking lot. I was not camping. I was repairing Scampy's broken awning support.

Then the cop tells me that the parking lot is closed after business hours. I know that. But business hours close at 10pm, when Fountain Park closes. The library on Friday closes at 6pm. It's only 9:20pm now. Business for this parking lot includes both the library and Fountain Park.

I am hardly talking to this cop. I did not tell him of what I blogged to you in the paragraph above.

He begins pushing me around verbally. I get concerned. Then when things go on, I get scared. I've seen videos where this kind of thing with a cop got the citizen murdered!! I wonder what to do?

He asks me if I have identification. I do. He asks if he may see it. I say no. He asks for my address.  I tell him my address. He asks my date of birth. I tell him.

This cop concerns me. He is not a nice guy. He is pushing me around verbally for no good reason. When the cop walks away to attend to another person parked in the parking lot, I phone Beaverton Police Department for help with this cop.

But the online phone number for Beaverton PD appears to be an answering device for this county, including fire department and other county departments. I am not able to talk to anybody from BPD. I am beginning to panic now.

I phone 611. This was the phone information number during the Ma Bell years. I went to 611 in order to get the Beaverton Police phone number. But now 611 is Verizon Wireless! I see the cop walking back toward me again. I am sooooo nervous!

I phone 911. The call is answered: "911 what is the emergency?" I reply, "This is not an emergency. I need help with a Beaverton police officer who is bothering me. Will you talk to him?

I hand my cell phone to the cop. He talks with 911 for a few seconds. He puts my cell phone down on Scampy's rear bumper. I expect the cop to now go away.

I get out of my chair to go get my phone.

The cop grabs me from behind. Forces my arms and hands behind me. Shoves me against Scampy. "Your under arrest!" He handcuffs me. The cuffs hurt my wrists. I tell him that the cuffs hurt my wrist. [No response from the cop]

Another cop walks me over to a police car, and helps me in the back seat. This cop's name is Vuylsteke Derek. He is nice to me. Tries to help me adjust the cuffs [but does not loosen the cuffs]. I ask for the cuffs to be taken off. He tells me cannot take off the cuffs right now.

About an hour after I am arrested, Vuylsteke uses his onboard computer to generate a COMPLAINT AND SUMMONS. He then helps me out of the back of his car, and removes the handcuffs.

He explains that I am being charged with Improper Use Of 911.




Becoming Financially Unstable
Emotionally and psychologically I am depressed. Financially, I am getting to the point of wondering how I am going to do this?! [Survive financially into my 90s]. I have been spending sooooo much money lately. And now this 911 thing!

I talked to a lawyer yesterday afternoon. He wanted a retainer of $3,700 to take me up to my court appearance. Another $3,700 to take me to trial.

I believe that max fine for a person found guilty is about $3,900. Maybe also a year in prison!


World Upside Down
I really have not come to grips that all of this is actually happening to me. How could such a crazy thing happen to me. Me! George Sheldon Lehrer? I never had any encounter with police before. God! I have not even had a traffic ticket since 1964!

Now, at the age of 79½, look at me? Just look at me!!!



Nite Camp Location Map
Elevation: 228 feet
.

69 comments:

  1. Pretty ugly situation. I'm really sorry this happened to you. Don't get in a tizz...it's scary and embarrassing and may be expensive but you'll be OK.
    Deep breath, be calm and centered and focus on getting back on track. We're all with you.

    ReplyDelete
    Replies
    1. Agree except it shouldn't happen and it shouldn't be expensive.

      This is a problem, often police overstep their bounds and forget their job is to "serve and protect." And when you need a cop no one answers the phone (been there), so your only choice is to call 911, which apparently is a crime. Normally if you call 911 and the operator feels it isn't an emergency they tell you so and give you a number to call (been there too). Apparently the cop arrested George in retaliation. Police retaliating against citizens who are trying to protect their individual rights.

      So we have rampant serious crime in our country and police are spending their time harassing the elderly.

      Delete
  2. Suz right
    Sit back and relax, you're letting the what if's take over.
    The fine.. is no where's near your projected cost.
    And we're certainly not going to smuggle you a cake with a file in it?
    We think your call to E911 was of a legitimate concern for your safety.
    The first half of any lawyer consultation is free.

    ReplyDelete
    Replies
    1. Hi Mister ed,

      Thank you sooooo much for your comment! 😎

      It's tough for me right at this moment to relax and deal with this thing.

      George


      .

      Delete
  3. Contact the Senior Citizen center and ASK them if they can refer you to a good attorney.... I am very familiar with the area you are in.... they are brutal to people who are looking like they are homeless... if you are a veteran, go to the VFW and ask them if they know of a good attorney.... I know of a really good attorney, just can't remember the last name at the moment... I will see if I can locate him for you... He's a great attorney who has helped my Daughter and SIL several times for similar Police BS...

    ReplyDelete
    Replies
    1. Hi MCA,

      I've written down:
      ★ Senior citizen center
      ★ VFW

      Please let me know of your daughter's attorney when you remember.

      Thank you,

      .

      Delete
    2. These are EXCELLENT suggestions! Aren't their legal aid groups also?

      Delete
  4. You might first check with legal aid, which provides free or low cost legal services, including seniors. Google legal aid with the name of the city or state.

    ReplyDelete
    Replies
    1. Hi Bill,

      I've just added Legal Aid to my list.

      Thank you!

      George


      .

      Delete
  5. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. Hi Wayne,

      Thank you sooooo much for the info about what happens at my arraignment. Also, about getting a court appointed lawyer.

      Wayne, I am leaving here on my Blog what I wrote about what happened when I got arrested. I understand about what I wrote being used against me.

      But screw those city attorney guys! I am telling my story here because of the support that I am getting from Readers of my Blog. I need their support like I need blood!

      Thank God for my Readers! 😎

      George


      .

      Delete
  6. You might consider contacting the ACLU for help.

    https://aclu-or.org/en/about/contact-us/legal-request

    ReplyDelete
    Replies
    1. Hi Midwest,

      I just added ACLU to my list.

      Thank you sooooo much!πŸ˜€

      George


      .

      Delete
    2. Hi George,
      I wonder if AARP could help? Sometimes in their magazine they mention seniors having legal problems that are cleared up by the legal team at AARP. You might have to be a member of AARP. Good luck!

      Delete
  7. George, don't fret over the fine. It happens. I usually represent myself when I get a citation from parking ticket to civil complaint. I've even used the State Attorney General to file complaints against wrong doing as I am about to do for a scam I believe I got in the mail. Tell your story just like you did with times, dates, and your reason for calling 911 and let the judge be the judge of your fine. Most judges are reasonable and I have only lost one case for speeding in a school zone (I was less than 5 mph over the speed limit). Instead of paying the fine, I went to driving school which reduced my fine plus it was not reported to my insurance agent. Try visiting the police station and asking why they have a recording at an early hour. What ever explanation they have as to why they have a recording to answer the phone should back up your story that you tried to call the police department. I often call the police department...crime stop, regular police number, and the emergency line. I am a neighborhood block watch member so I know which number to call and have them programmed into my cell phone and regular line phone number. I also have the highway patrol number and I have reported criminal activity on highway i.e. trucker driving erratically, a car speeding ahead and stopping in front of cars, objects on the road that would cause serious accidents (a washing machine or stove in roadway, big pot holes, etc.) I believe you will be fine if you decide not to hire an attorney. The police may have had their camera on during the arrest to back up your claim that you were being unduly harassed during regular parking hours.

    ReplyDelete
    Replies
    1. Hi Rita,

      Wow! You have had legal things in your life. Thank you much.

      Especially for writing:
      The police may have had their camera on during the arrest to back up your claim that you were being unduly harassed during regular parking hours.

      I did not get a clear picture in my head about that until I read it in your comment! ♥️

      George


      .

      Delete
    2. George, don't forget you called 911 after you tried calling the PD for help but got a recording instead. You stated you panicked because you were unable to talk to someone at PD for help...so you called 911 "This is not an emergency. I need help with a Beaverton police officer who is bothering me"

      Delete
    3. Hi Rita,

      Thank you for your reminder! I have that in my notes now.

      George

      .

      Delete
    4. Hi again, Rita,

      Here's news!

      This afternoon I mailed away an application for an audio recording and transcript of my 911 phone conversation.

      Should receive it in about 10-days.

      George


      .

      Delete
  8. I am pretty sure the charges will be dropped, calmly tell your side.

    ReplyDelete
    Replies
    1. Hi Shelley,

      Thank you so very much for your prediction of dropped charges. 😎

      And for your advice:
      ....calmly tell your side.

      George


      .

      Delete
    2. I agree and the charges should be dropped! This should
      never have happened. Hard to be calm though. So sorry
      this happened, George. It's outrageous really.

      Delete
    3. Hi Joan,

      Wow! I am so extremely happy with the support that I am receiving from you!!

      I feel blessed.

      George

      .

      Delete
  9. George perhaps you may want to file a formal complaint against the arresting officer at the local police department. Claim that you felt your safety was in imminent danger thereby forcing you to call 911 after exhausting the normal channels.
    Sorry you are suffering due to an apparently upset overly aggressive vindictive cop.
    I’m sure after you outline the circumstances to the proper authority the case will be dismissed.

    ReplyDelete
    Replies
    1. Hi granbo,

      Well, I'll tell about a formal complaint. I don't feel that at this point, that's a good thing for me.

      I feel your support, granbo!

      Thank you for that! πŸ˜€

      George


      .

      Delete
  10. I have no advice for you just my best wishes for a quick resolution to this darn problem. Keep your head up and don't let the situation get you down. You weathered worse in your life. Go George, go!!

    ReplyDelete
    Replies
    1. Hi Vera,

      Ain't those cops just all good guys? Hard to believe?

      George

      .

      Delete
  11. I believe Rita is right on the first part
    With that said
    Somewhere on your ticket you should be able to mark court appearance or they will have a court date written down
    I do not have the citation statute number
    Research has shown that the fine is a maximum of $1000 or 60 days in jail
    Also keep in mind this is a misdemeanor your first offense
    More likely a slap on the wrist with a fine and court cost and you're out the door
    You will never see the day in jail
    As I said in my first post let me correct the first half-hour with almost any lawyer is free consultation
    They will tell you your legal obligation.. statute number will also determine the maximum fine The city can charge you
    If you look at the figures in your original post your attorney would've been 3500 Your Court cost would be 3500 theres $7000 on top of the fine that you would be supposed to pay so it doesn't make sense to pay $7000 for $1000 fine or does it
    So AARP VFW ACLU AAA they're all gonna tell you one thing
    Their suggestion to you would be to sit down with a free consultation with a lawyer that are familiar with that court system
    Take note here,
    Now here's a little trick you can see is many lawyers as u choose to get as much information as you can for free,, remember free is always good

    Now from my two cents worth
    After reading your post you made two mistakes,, that generate a ticket
    Number one being in the park when he told you to park was closed
    Number two not handing over your drivers license identification that's what pissed him off
    My simple guess was he would've checked your paperwork and totally get your butt out of the park end of story


    ReplyDelete
    Replies
    1. "After reading your post you made two mistakes,, that generate a ticket
      Number one being in the park when he told you to park was closed
      Number two not handing over your drivers license identification that's what pissed him off
      My simple guess was he would've checked your paperwork and totally get your butt out of the park end of story"

      Exactly. Giving a cop grief rarely pays off. Shut up, do as he asks and move on with life.

      Delete
  12. My impressions and what I would have done. It was late to be at the park but hey it was just the parking lot. What I would have done. Cop comes up and says no camping I would say didn't plan too and say I will be leaving. That would have been the end of it. But if it continued on
    some reason, sure show your i.d, what's the big deal, and it would have ended there. If not for some reason, it would be yes sir and no sir from then on and it would have ended there.
    When it started to make you scared feel free to tell him that, can't hurt. Your phone has the ability to record, start it and put it in you shirt pocket. And yes I know for a 79 year old your kind of buffed, when you go in front of a judge or especially a jury could you kind of slump down while walking or something? Ha. That would make quite and impression of what was the cop thinking?
    Ha.
    And yes if you still feel you were not treated fairly after this case is dropped, sure send in a letter to the chief stating what all happened. I will go into his package and it will make you feel better!!

    ReplyDelete
  13. Hi George, I have commented before but cannot figure out how to stop my phone from calling me 'anonymous'.

    Something like this happened to me once. I was headed home from working on a rental house I own, and wearing grubby work clothes. Cops thought I looked homeless and harassed me.

    I filed a complaint. I told the person who took the complaint, 'I am filing this because toae same cops mudt routinely treat real homeless people this way, and those people probably do not feel safe filing a complaint. I am doing it for me AND for them.'

    Ask the ACLU whether it will help or hurt your case to make the complaint before your hearing. If it won't help, file it after.

    That is dome grade A bullsh*t, George, and I am terribly sorry it happened to you. The cops in this country are out of control.

    ReplyDelete
  14. Your defense is fixing your awning support so you could leave. Also, you said that you go to Fountain Park often. Are you parked there for a lengthy period of time with your "outfit?" Someone could have called the police thinking that you were attempting to squat. Unfortunate but I agree with comments above. Appear. State your situation--not about the cop but you were attempting to leave and had to repair your awning. In most instances, the cops don't even appear. Good Luck. Just a boo boo that will heal.

    ReplyDelete
  15. Your problem is not a unique one
    If you read in the news about homeless people living in RVs trailers an cars
    We won't get into the rats drugs alcohol mentally disturbed down and out
    Living on sidestreets of rural America as well as the inner city
    Most cities are trying to combat this as much as possible with the resources available to them
    We all know you're an easy-going adventurous traveler and let live type of guy an only looking for a place for the night but remember we know you,,, they do not
    For all intended purposes Mr. George your theoretically homeless.
    And theoretically part of the ongoing homeless situation living in an RV
    That is expanding in almost all US cities. some cities will ticket you immediately. others will allow you to 24 to 72 hours before you have to move
    So for some cities and counties is to cracked down on homeless RVs I think you can see the situation you put yourself in
    If you or I own an expensive Family residential property the last thing we want to see is a homeless RVs parked near our front yard or all congregating in the local park we're gonna call the appropriate Agency to do something
    And I think sorry to say, this is where you fell in the other night
    You have the means and the desire to adventure to different towns and cities
    But knowing the rules where you wanted and where you're not wanted. Can mean a whole world of difference with less aggravation

    Please don't take this as someone trying to rain on your parade but unfortunately. As more cities towns and counties are enforcing old and creating new rules it'll make it more difficult for you an other lawful citizens
    To travel at will and to enjoy what the country has to offer

    ReplyDelete
  16. Are you staying a few days at your present night camp?

    ReplyDelete
    Replies
    1. Hi Rambler,

      Yes, I am staying here. You already know that. Because we spoke together on the phone after I found your card in Scampy's door!

      And your card was a nice surprise! I loved finding your
      card. ♥️

      George

      .

      Delete
  17. When you made the decision to not show the officer your ID, what was your reasoning behind that decision?

    ReplyDelete
    Replies
    1. Hi Ed and Carol,

      I did identify myself to the cop.

      I did NOT show my papers because I believe that I have constitutional protection about that.

      George

      .

      Delete
  18. Hope you prevail George. No doubt there are plenty of bad cops out there, but not showing ID was probably what set him off. Many good suggestions here about available help and I'm pretty sure your case will be dismissed or at least a minimum fine. By the way, have you made a decision about CA or OR registration on Transito?

    ReplyDelete
    Replies
    1. Hi Bill,

      My reply to Ed and Carol stated that:
      "I DID identify myself to the cop.

      I did NOT show my papers because I believe that I have constitutional protection about that."


      No decision yet on where to register TrΓ‘nsito. I have it on my list to phone the Escapees attorney group in Texas for info on that.

      There is sooooo much going on. My list is growing faster than I am able to knock things off of it.

      George


      .

      Delete
  19. Oregon does not have a law that requires you to produce ID. I think you were OK until you called 911. Calling 911 for any reason other than emergency is a crime. So at that point he decided to be a jerk and make the arrest. Google "stop and identify statutes".

    ReplyDelete
    Replies
    1. Hi again Bill,

      Just today I sent away for an audio file and transcript of my 911 phone call.

      I believe that the phone call went like this:
      911:911 What is the emergency?
      Me:There is no emergency. I am having trouble with a cop. Would you talk to him?

      That's it.

      George

      .

      Delete
  20. Sorry to hear this happened. Forget about getting an attorney. go to court and represent yourself in proper person. Articulate your case and why it was an emergency from your perspective. You'll be fine and be no worse off for not hiring an expensive lawyer. This comment section is full of "reasonable people" and they say cop was not acting reasonably. Judges are usually reasonable people too. I can't see any judge bringing down the hammer on this case. My opinion.

    ReplyDelete
    Replies
    1. Hi Steve,

      Thank you. However, it is my opinion that in order to the best for myself, it is necessary to have an attorney represent me.


      Thank you sooooo much for your opinion! 😎

      George

      .

      Delete
  21. On the bright side, you will get free room & board plus free medical care in you year in the slammer.

    ReplyDelete
    Replies
    1. That would be one way to get caught up financially. πŸ˜‰

      Delete
    2. Oh Squire,

      You make me laugh sooooo much!

      George

      .

      Delete
  22. I agree with representing yourself...... but you can also get some advice from Legal Aide and the ACLU....... if you end up needing character references secure the correct address and I am sure many of your blog friends will comply.......
    Many years ago during my first career teaching High School I used to tell the students when dealing with the police for any reason, comply and be very business like...... they are Incharge ..... if after the fact, you need to plead your case that's what the courtroom is for .......
    I wish you well, George, the whole incident is very unfortunate....... I also understand your wanting to write about it, you did need to have support as well as a chance to vent, since you are on the road solo......
    Many of your readers have given you great information and advice....... calmly review your situation and make a plan that will put you on the road to solving your current delema.
    All the Best,
    SallyB

    ReplyDelete
  23. I'm sorry this happened to you. There is never any reason to be forceful to a gentleman of your years. He was definitely wrong. Don't let them bully you <3

    ReplyDelete
    Replies
    1. Thank you MaryBe. I shall heed your advice! ♥️

      George


      .

      Delete
  24. I missed what time of day the police approached you, but the city website states the park is open from 8am to dark. Nothing about "business hours". Was it "dark"? This could be useful in your description of what happened.

    http://www.beavertonoregon.gov/Facilities/Facility/Details/City-Park-Fountain-10

    ReplyDelete
    Replies
    1. He said it was 9:20 and business hours closed at 10:00 pm

      Delete
    2. Hi Barbara,

      I learned from the 911 clerk today that my call to 911 was at 9:14pm.

      The signs around the park conflict with the city's web pages. The signs at the park state: Closed 10pm

      The signs on the parking lot state:
      Closed after business hours

      George

      .

      Delete
  25. This too shall pass. You've dealt with and overcome much more challenging situations than this. Remember, after all, you are the unstoppable Tioga George!!

    ReplyDelete
    Replies
    1. Yes....I am the unstoppable Tioga George!

      Almost forgot that for a time there!

      George

      .

      Delete
  26. Looks like you better call Saul. No but seriously George, please remember that you are not a criminal. I'm sorry you ran into this bad situation. Good luck.

    ReplyDelete
  27. I suspect one of the people who live in the vicinity called the police after they saw Scampy and Transito numerous times. I'm not sure how many times you were at the park/parking lot.

    ReplyDelete
    Replies
    1. Who ever called the police may testify at court...probably should find out if it was a random police check or someone called to complain.

      Delete
    2. Hi Rita,

      No, that is not correct. The cop told me why he was there. However, I do not wish to reveal what he told me here in public.

      George


      .

      Delete
  28. George.... my nephew got a speeding ticket in SE and when he went to court for it, as the hearing started, got underway... the judge made the mistake and asked my nephew if he had any questions. So, dear nephew said "Yes, your honor, I understand the "People of Oregon" are taking me to court on this ticket but what I am trying to understand your honor, is how am I going to get a fair trial when you work for the People of the State of Oregon, your honor." Case dismissed. My daughter's attorney's name was Ted, and I am still trying to reach my daughter who lives near your location...

    ReplyDelete
    Replies
    1. Hey MCR,

      Is that a real true story?

      George


      .

      Delete
    2. Yes, he was in College about 15 years ago and he did that. If you think about it... and READ the ticket... The People of Oregon are taking your to court, the Judge is employed by the state, or the People of Oregon... the jury are members of the People of Oregon.... HOW IN THE HECK does a person get an Unbiased fair trial?????

      Delete
  29. You can be your own attorney! You can ask for a jury trial tell your story, no jury would convict you! YOU must do some research tho...find out how to prepare to defend yourself.

    ReplyDelete
  30. Considering your age and "clean" record I imagine when you go before a judge he'll dismiss the charges.

    BUT please remember when a police officer ask you to move after you ask for an initial explanation, MOVE. There may well be circumstances you are not aware of and he's not at liberty to discuss with you. It just sounds to me like you got a burr under your saddle and wanted to be stubborn. You stomped your feet and said No, and you can't make me". But he did. Now you have soured all this police officer's future contact with camper's and RV'ers.

    ReplyDelete
    Replies
    1. Nancy it appears many police officers have a burr under their saddle when it comes full time rvers who random camp.
      I don't think George soured this officers future contact with campers -- this officers attitude and treatment of George was uncalled for and disrespectful in my opinion.

      Delete
  31. Sorry this happened to you George. This is a prime example of every day citizens loosing there basic rights. I would not take this personally -- our society is deteriorating and you became a victim. Do as you always have done stand up for yourself -- possibly start a gofundme account. There are many other victims out there who would help. I'm on your side -- that police officer should be reprimanded. The police (the system) has to stop harassing seniors, veterans, disabled, homeless etc and help them when they come into contact.

    ReplyDelete
  32. George, I've not followed your blog for quite a while since you took some time off for a while and settled down and things got boring. Ran across you new adventures and still catching up. Just to add my two cents on your unfortunate encounter with the police after reading your explanation two points I'd like to make.... first off I know how you like to hang out around parks and scenic locations and although you're not truly "camping" there spending considerable time in the same location can give the impression you're doing that. I believe that's what attracted the attention of this police officer. He probably had observed you there on previous occasions and he decided to talk to you to find out. You have to admit that a camper and tow vehicle in a municipal parking lot is not exactly a stealth vehicle and I'm sure you stood out a bit. Secondly, I think it sounds like you set the tone for how the encounter transpired as from you writing you refused to show him you ID and sounded kind of short in answering questions. After all, he was just doing his job and your tone got your encounter off to a shaky start. I work in public safety as a Paramedic/Firefighter and have a close working relationship with the law enforcement officers in our jurisdiction so I see a lot of the same things they see. If you treat them with respect, they will respect you and any encounter goes more smoothly. Now, pushing you against the camper was excessive I'll agree, unless you resisted. Handcuffs were for yours and the officers safety.....standard practice. It's not a safe world out there especially for us folks in public safety and you'll never find an instance where cuffs are removed once put on until the situation has been resolved, which in your case it was. As for the charges of misuse of 911, sounds like the charges will be reduced at least or dropped. I wouldn't take the same approach with the judge as you did with the officer when you get to court. Good luck but I feel you could have handled yourself better in this encounter and avoided the problem in the first place.

    ReplyDelete

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