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HomeMy WebLinkAboutMINUTES - 05012007 - C.11 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:MAY 01. 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken IIon your claim.by the Board of Supervisors. (Paragraph IV below), EIMAR 2 6 2007 DV given Pursuant to Government Code AMOUNT: $3,600.36 Section 913 and 915.4. Please note all COUNTY COUNSEL "Warnings". MARTINEZ CALIF. CLAIMANT: GEICO INDEMNITY INSURANCE CO. MARCH 26, 2007 ATTORNEY: UNKNOWN DATE RECEIVED: ADDRESS: P.O. BOX 509119 BY DELIVERY TO CLERK ON: MARCH 26, 2007 SAN DIEGO, CA 92150 MARCH 2 2007 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy.of the above-noted claim. JOHN CULLEN, e 1 Dated: MARCH 26, 2007 By: Deputy 1.1, FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). O Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 91.1.3). O Other: Dated: S --;� 1—O By: 111 G Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. OARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:/ m/ -&07� JOHN CULLEN, CLERK, By Deputy Clerk WARNI. (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. Ef"you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1. am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ���,, ��JOHN CULLEN, CLERK By eputy Clerk BOARD o1?SUTVISOR OF CONTRA CC>STA COUNTY A claim 3:e3ating torya. cause of aadon for death or for inm� ers to pon or to+persaXk prblaei�y growing crops Shall be presented not later than,six months after the a=W1 of the cause f action. A claim relatitig to any other cause of aotion shall be,pxesented not later than one y after the acranial of the cause of action, Gov:Code§911.2.) 3. Claims must be bled with, the Clerk of the.Board of Supervisors at its of im in Room 1 F, County Adifi steaiacn.Biildi:ng,651 Fine Sasso Mat=4 CA 94553. '. 5f claim is against a distriol governed, by the Board of Supervisors, Father than the. County, nam ofthe District should be Wed in.. If the claim is against more than one public entity, separate claims must be filed against a ph- public entity. R, Frauccl.. See petralty for fraudvlont cl ai m.;s,Pelud We,gec.72 at they end of this form. �;.1l KKYYKif k=ItRSKSKRE7a K11KRalZrltttf YiKlS ltlR6y R1111=KKKa![KSEKatkLFKKI(KSKtit[tXoiK KK/ RE: Claim By: Reserved for Clerk's Ong stamp 56 le-0 ND6Mn/iTY 1A1i4j(,?.fNa � } } RECEIVED Against the County of Contra Costs:or } [MAR 2 6 2007 Dict) CLERK BOARD OF SUPERVISORS (Fill in the name) ' CONTRA COSTA CO. Um wzdemigned claimant hereby makes claim a aiwt the Cody of Contra Coutts,or the above- dist bet iki the sum of$ U oo,3G and in support ofthis alarm represents as follows; L Whea did the damage orinjury occur? (Give est date and hour) .2.//5/07 .4FTE/ZNc?o+�} 2. W11=e did the damage or WI-ary occur? (Include city and county) C04"rAr F^lt'TY P.tR,e)n}6 4 r W /SRRr/Vez/ +9- 3. How did tbz damage or F ury ocom? (Give full detals;use e7ra paper ifr.T*ed) c7wz Nvsw.<svo AwroRe +. W.+5 oj"ov ar roo f'*,zg.+jp err tnE�»aTpdaVt!' w.rS Sr,Q.tsn f rtNvtxrp evg,� hr Y•+•<. Oa�R. 4. What particular act or omission on the part of corny or district offi=, servants, or oyes caused the irdu y or damagO. -7 ffe ,+e r --Ir NeT7 r+V ff d t.4 ri-4- ¢Y t/F tee[G 5 %at ate the names of couaty or district officers,servants,or employees causing the damage orinjuzy7 C tkayL A) L dER TY £1l 'J ' 1L5 '4� 1N�W3JbP1�4V �sl� ��� Wal t �z LOOb '�� e3j Fir% 6. 'Wbg damage- or injuries do your don resulted? (Give full extort of laiuuries ors `claimed. -At=-1 two estimates!br auto damage.) . Tmc �Norvie cycLe w*s K0vo4,•cc0 avEOZ, jr a4tj orc4..pt64a fi rbr.►c 4.a,f.f T/If Tury� L 6ns5 A.r?E2 wa,Zrc ,S /CIV-91^16", TC>F+i. * 7110$' rftNOs !S 36CJv.3d 7. How was the amount claimed above computed? a clude the esftated araotmt of my prospectiveinjury ordamage,) Ai i+t!s Time r/fo •tm4"a«rrr ra r WE rZF W4,006 Faa- T1* ars r oc r#r 6•.4&,#sw Ea4Gc�w6rT3 %o 6 uQ•3 6 SEE !C r0s,ee W04a 136 #,,r .4aJwsr1"9-rr 8. Names.m&addresses of witiesses,doctors,and hospitals: Nle+ 9. List the expenditures you mud e,on mount of this accident or injury: 17ATE TIME AivIC}tTATI' ■Iu slsisir1CRS9■•k sss MENUM I Yt■Rus i5uss7l■Pl Missxil■, 4xP FC.Is,I munwausleiu=/Plus s,CSP raw Wall }.Gov.Code Sec.910.2 provides"The,claim shall.be }signed by tho clafzaaut or by some person on his }behal ' SM fflo me 1 Name acid address of Attomey ) // } (Cla3maat's Signature} 3 ��- �x Svq/�'9' S.tNAia�6pGc�t- �xr,S•o } (Address) . } Tolophoue No. }Telephme No. X.Rxxa as Fuldawskss YP[Iusu■R{ss'■as XxxxtiawRks xspi■l[kssgkxxzsss kR Slsua Waxw l sun us T PCI ■sRSPI PUBLIC RECORDS NOTICE: . Plmo be advised that this loam farm,or any eWm fried with the County under ifie Tort Claims Aar,is bJect to public disclosure under the Califbmia.Publie Re=ds Aat_ (Gov. Code, H �i50D et mq.) Furth re, any atttachments,ad�duws,or supplements attached to the claim:�Orrrf,inDluding medical rwwds,Sam also bj eot to public disdosm. rtsa:nsla■s:IIPIrKay kewwwaritX31xwIIPCYIMPkKVNXZskcr:PsssIKVIII UISIURkN}IsssMsk*#I MWWZW% NOTICE. Seadon 72 of ft�'md Code providea: Every person who,with intent to defraad,presents for allowance or for payment to any state board oeer,or to any cow% city, or district board or ofim, anthorlmd to allow or pkv the same if genuine, afalse or fraudulent claim,bill, account�vo-acher, or vain&is punishable either by imprisapmeat is fire Courtrs for a period of not more than one year; by a fine of not=eeding true thousaud dollars(SI,OD�.00 or bth such imprisommnt and&a. or by imprisonment is the sate piisoa„ by a fle of not ceding fen thoudollars ($IO,OW),or by both suet.impriso=enat aad fua. �� a LLS 'ON IN303DVNVN PSIS 033 NtdI l Z 'SG '833 ';, .• �-z.- �f• "iia � ,,,: a v ✓ co O p CQ CD cC r- 4 ma u Ol o J i0o O o � � G. O �... om Oa d (� c O� 5>1m acr O{ C O O :13 n N O Ch C�} rr) C, d Is ,1 "'Z4 �S Q „a 1, cs F a3 LN CA �CY% E CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY oil BOARD ACTION: MAY Ol, 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to. ) The copy of this document mailed to California Government Codes. you is your notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), MAR 2 6 2007 given Pursuant to Government Code AMOUNT: AMOUNT FALI&,W�Wt ISDICTION Section 913 and 915.4. Please note all OF THE SUPEI$Uki s1 UMAMIMITED "Warnings". CLAIMANT: JURISDICTION --DENISE LEWIS ATTORNEYJAY CHAFETZ DATE RECEIVED: MARCH 26, 2007 LAW OFFICE OF JAY CHAFETZ ADDRESS: 2033 N. MAIN STREET, SUITE 9�ODELIVERY TO CLERK ON: MARCH 26, 2007 WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: MARCH 24, 2007 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: MARCH 26, 2007 JOHN CULLENZkao_ � By: Deputy II. FROM.: County Counsel TO: Clerk of the Board of Su ervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 91. 1.3). O Other: Dated: By: - 1 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. DOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for ,t/hiis date. Dated:/74/ Jr1V?JOAN CULLEN, CLERK, By. Deputy Clerk WARNI. (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney,you should do so immediately. *For Additional Warding See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1. am now, and at all times herein mentioned, have been a citizen of the United States, over age 1.8; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN CULLEN, CLERK By Deputy Clerk JAY CHAFETZ ATTORNEY AT LAW 2033 N. MAIN STREET, SUITE 750 WALNUT CREEK, CALIFORNIA 94596 TEL (925) 933-5890 FAX (925) 933-5620 E-MAIL JChafQao1.com ` March 23, 2007 RECEIVED MAR 2 6 2007 Clerk Contra Costa County Board of Supervisors CLERK BOARD OF SUPERVISORS UP1SORS RoER County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 RE: Our Client: Denise Lewis Date of Loss: 10/7/06 Claim Against Contra Costa County Dear Sir or Madam: Please find enclosed an original and one copy of a claim for damages on behalf of my client, Denise Lewis, pursuant to Government Code Section 910. Please file the original and return an endorsed-filed copy to this office in the envelope provided. Thank you for your service. Very truly yours, Jay Chafetz JC:lh Enclosures GOVERNMENT CLAIM RECEIVED TO: Clerk of the Board of Supervisors MAR 2 6 2007 Contra Costa County Board of Supervisors CLERK BOARD OF SUPERVISORS County Administration Building CONTRA COSTA CO. 651 Pine Street, Room 106 Martinez, CA 94553 The following claim is submitted pursuant to Government Code section 910. 1. Claimant's name and address: Denise Lewis c/o Law Office of Jay Chafetz 2033 N. Main Street, Suite 750 Walnut Creek, CA 94596 2. Send Notices To: Law Office of Jay Chafetz 2033 N. Main Street, Suite 750 Walnut Creek, CA 94596 3. The Occurrence: a. Date: Beginning on or about October 7, 2006 and including surgery performed on October 8, 2006 b. Place: Contra Costa County Regional Medical Center C. Circumstances: On October 7, 2006 claimant was taken by ambulance to the Contra Costa County Regional Medical Center, where she was diagnosed as having fractured her right hip. A Dr. James Gemmer was notified and was assigned by the County to claimant's care. Dr. Gemmer performed surgery on October 8, 2006, doing an open reduction internal fixation. He used a metal plate and a number of pins and screws. After being discharged from the hospital, claimant had several post-operative visits with a different doctor assigned by the County, Dr. Jason Appel. Claimant had continuing complaints of pain, especially at the joint where her hip meets the trunk of her body. At one visit,Dr. Appel told her to continue her home exercises. At another, he told her to discontinue those exercises. 1 Claimant eventually sought a second opinion regarding why she was not having a better recovery. An x-ray was taken. Claimant has been informed that it shows an excessively long plate, one or more loose screws or pins, an excessive number of screws or pins, and a misplaced and/or angled screw or pin. Claimant had to undergo a second surgery, which was performed in approximately February 2007. In that surgery, several of the screws and/or pins were removed. Claimant is currently undergoing physical therapy,but her recovery has been complicated by the way the first surgery was performed, damage caused by the first surgery, and atrophy in her muscles. Claimant's recovery is uncertain at this time, and she may need a third surgery sometime in the future to remove the remaining hardware. Claimant intends to assert all possible causes of action and theories arising out of the above circumstances, including but not limited to negligent diagnosis or failure to diagnose; negligent treatment, testing, observation, prescription of medication, orders, follow up, investigation, discharge or discharge instructions; negligent hiring; negligent delegation of authority; negligence in screening the qualifications of persons given medical privileges at the medical center or in hiring physicians as employees; negligence in assigning the two physicians to claimant that the County did; negligence by nurses or other employees of the County; negligent hiring of nurses or other staff; negligence in stocking the Contra Costa Regional Medical Center with appropriate supplies; negligence in supplying improper or inappropriate supplies to Dr. Gemmer; Elam theory of liability; dangerous condition of public property; product'liability; negligent staffing of the hospital; dependent adult abuse or neglect; battery; lack of informed consent; and infliction of emotional distress. 4. General Description of indebtedness, obligation, injury, damage or loss: Damages for personal injuries including delayed recovery,poorer recovery, wage or income losses, medical and other expenses, nursing services, household services, co-pays and deductibles, and past and future noneconomic damages. 5. Names of government employees causing the loss: Dr. Jason Gemmer; Dr. Jason Appel; nurses and other county personnel whose identities are currently unknown. 6. Amount Claimed: The amount claimed would fall within the jurisdiction of the superior court, unlimited jurisdiction. Dated: March 1�3 , 2007 Jay Chafetz Attorney for Claimants 2 1 PROOF OF SERVICE 2 I,the undersigned,declare as follows: 3 I am employed in the County of Contra Costa,State of California.I am over the age of 18 years,and 4 not a party to the within action. My business address is Law Office of Jay Chafetz, 2033 N. Main Street, 5 Suite 750,Walnut Creek,California 94596. I am readily familiar with the practice of the Law Office of Jay 6 Chafetz("the firm")for collection and processing of correspondence for mailing with the United States Postal 7 Service. In the ordinary course of business,correspondence would be deposited with the United States Postal 8 Service the same day that I prepare it. 9 On the date set forth below,I served the following document: N 10 Government Claim - Contra Costa County CD U, Ln N M 1 1 cm the interested parties listed below,addressed as follows: H (DLn 12 Clerk of the Board of Supervisors U U'.ro I ° U Contra Costa County Board of Supervisors GI o ; k 13 County Administration Building �4 itw 651 Pine Street, Room 106 G. U) + 14 Martinez, CA 94553 oUl r. to 15 11 By Overnight Delivery. By placing a true and correct copy of the document(s) in a sealed H N I 1 envelopes) and causing said envelope(s)to be delivered to an overnight carrier with delivery fees wU I M o :416 provided for, addressed to the person(s)whom it is to be served I � Q+J I a I LO aM ro 17 By facsimile machine. By personally transmitting a true copy thereof via an electronic facsimile 0 3 machine between the hours of 9:00 a.m. and 5:00 p.m. N 18 By first class mail. By depositing a sealed envelope in the United States mail at Walnut Creek, 19 California,with postage fully prepaid. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 21 and correct. 22 Dated: March ag,2007 �C/ 23 By �z aura Hicks 24 25 26 27 28 a r V fi r O � � Fa O O cn v � 1:1 5 LSC 46 ' W tP �W Q � o a WaN w v x r ON V31k t yyry i•. e i•,t {�t i CD 0 P w d-d --e-- O w .{ W N3Q, NV. v cn Q ty 3 CLAiM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD ACTION: MAY 01, 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), 4; given Pursuant to Government Code AMOUNT: $1,500,000.00 MAR 2 S 2007 V`Y Section 913 and 915.4. Please note all "Warnings". COUNTY CLAIMANT: SEAN SHIELDS MARTINEZ CALIF. ATTORNEY: UNKNOW DATE RECEIVED: MARCH 28, 2007 ADDRESS: C.S.P. SOLANO H DORM #11915Y DELIVERY TO CLERK ON: MARCH 28, 2007 P.O. BOX 4000 VACAVILLE, CA 95696 BY MAIL POSTMARKED: MARCH 27, 2007 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ,MARCH 28, 2007 JOHN CULLEN, C c Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup rvisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). O Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 91. 1.3). O Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: (✓ This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: -&W;�OHN CULLEN, CLERK, By eputy Clerk WARNi.N (Gov, code section 913) Subject to certain exceptions,you have only six(6) montlis from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection widr this matter. If you want to consult an attorney,you should do so immediately. *For Additional Warring See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1. am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this .Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 100ei Joo/>� JOHN CULLEN, CLERK By eputy Clerk ECEN --MAR`2-8-2007- CLERK-BOARD-OF'SUPERVISORS - 2 L CONTRA COSTA CO. r 3 00 - o—�,-f=U S tcp Ci vela 1 e 1�� a M _ �f►��_zs5-3 _ tr_ I�✓0LA, Yo-- �e_41� S��U � �� �`�c�C e��orfcGP 7 - �� _-�'�Gr� - -� 13 - A- --2 r !1r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating.to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code See. 72 at the end of this form. RE: Claim By: Reserved for Clerk's filing stamp -S RECEIVED Against the County of Contra Costa cz and MAR 2 8 2007 Is e I(Lf:E R Qj2JE S�ar_Lfj� Oealet_tOistrict) — CLERK BOARD OF SUPERVISORS (Fill in the nam�e) CONTRAC6STACO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named II district in the SUM of$ A I I and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) )1118106 Otffoy­ q:00 A-1A 2. Where did the damage or injury occur? (Include city and county) _C1b COAlk 61 1,4Kty 3. How did the damage or injury occur? (Give full details; use extra paper if required) I e -Vot, 0- 11110106 J 3 (, ( 'took WIC -f-0 f--Ae rz,41"l Ul �-4M�J-✓`t.w 4. What particular act or omissionon the part of county or district officers, servants, or employees elf caused the injury or damage? 5 What are the names of county or district officers,servants, or employees causing the damage or injury? Ooe I jb�" obi 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) .Sever 1Bo"tk ll/cc lL iai� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) a t !� i M iu��e l nq r-,I-,J !V`} a&I to, 8. Names and addresses of witnesses, doctors, and hospitals: KV,C,W h 9. List the expenditures you made on account of this accident or injury: DATE TIly+IE AMOUNT amaaaaaaaraacaraarr*saunas aaaaaaaaruaamam■■ram uraamramamraaarrrrmaaamaraaaara■■anal Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attomev) 1 Name and address of Attorney ) TV1 pyop of L,q q S e S i e(t J ) (Claimant's Signature) } (-, 5. P. S"(a-,o ) c, s, r? S La al, P. O. 36x G%bob R D, 3,Y, 1(00C> ) (Address) 4 `L C ) t1c,c�v'((e , > VG r_e,y�yClc , G/-. gs696 Telephone No. /V/4 Telephone No. means amamamaar•mrarrammraraarmaaaarmmrarae PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums,or supplements attached to the claim form, including medical records, are also subject to public disclosure. amaaraarrsmaarmaararmamaaararrrararaaaarmararamarraaarmamraaamrauraararasaarasaarant NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. • Je _�tY Gu 2_w_l� L44 \11 le:". _h_l.J Do I O_✓ k.vt i_� h V!�V- ac k 1 .Z Goal d Y_lol J e G Lc owe f` m Y �aGe f.,Lc?id e n� b-LW C T G_OD✓ y G-L,Z-lvl o�H f l e / o S l �< D c�f _��l_ J eta�_��✓ w_► �R�l S 6i l d o LA ✓ e h u✓_�r✓�� k,,l C ✓ --Qe c��y S�_c-r� ��b9 o w �o u'✓ d o c�v�� Y'c�Gld -9%J p b Js���`a� -�o� o1Q��, O�c n� �v���e o r�o✓t � ��� ��e y�f� w_►-cam ti— L tJ Ls 7 S(AS-ol dcd back tS oibItSc. . 1 awl -lh c PI�oG�JJ D_T ®bfl�itvil0, t^1eGpt��i_� /'l.v w C_v�� �"f" ��1 be e v�_Gl��l<<�l_� �G C� tt S c �- G t•� b-C v�-� l i���.f� Ciel Ja L �v h ✓_by�, .S o �l D S fict C �V� Sb vj �� P� vl Com'D Loket �cJ C l l�f/f_:�✓� �i.� � . .t- L�1 l ALJ D f Lf f/[ k lJ )re l t l Oly1 G�+�t_t S •7=�/+Dll� !^1 oL4_(.-1 Sc' t t 5 t"•.. ty .'h f�• ems,. Z S � y VS 0zo O d° , oc D 1 S� s m S . us 00 •1 o cr- �y J � v � J � J � J �p cS a c,-D Ch- � � cr 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MAY 01; 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to, ) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken a on your claim.by the Board of Supervisors. (Paragraph IV below), a given Pursuant to Government Code AMOUNT: $577.49 MAR 2 8 2007 Section 913 and 915.4. Please note all COUNTY COUNSEL "Warnings". CLAIMANT: JOHN F. WONG MARTINEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 28, 2007 ADDRESS: 452 LISA ANN STREET, BY DELIVERY TO CLERK ON: MARCH 28, 2007 BAYPOINTE, CA 94565 BY MAIL POSTMARKED: MARCH 27, 2007 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. r Dated: MARCH 28, 2007 JOHN CULLEN,By: Deputy I.I. FROM: County Counsel TO: Clerk of the Board of Suf ervisors (vy"This claim complies substantially with Sections 910 and .910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 91. 1.3). O Other: Dated: 0-7 By: Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. B RD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and con•ect copy of the Board's Order entered in its minutes for this date. Dated: 09"RbHN CULLEN, CLERK, By Deputy Clerk WARNI.N (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. I'�f you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side ofThis Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the clainhan.f as shown above. Dated// Deputy JOHN CULLEN, CLERK By Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented no later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's filling stamp > RECEIVED Against the County of Contra Costa ) or ) MAR 2 8 2001 District CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. ) The undersigned claimant hereby makes claim a ainst the County of Contra Costa or the above- named District in the sum of$ grid in support of this claim represents as follows: I. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or inj}�ry occur? (Include city and county) 3. , + How pi did dama e or injury occur? (Give full details; use extra paper if required 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? l / 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed.) Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any pros ective injury or damage. ) `l/`eo /Z.., 8. Na es and addresses of witnesses, doctors and hospitals. '$!r 79i�r� 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT rle 7. opr /axles i Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO : (Attorney) or by some person on his behalf." Name and address of Attorney (Claimant's S' ature) Telephone No. Telephone N NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding on thousand ($1-,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. ) rw KOMW 791314 1 $100 11-1 CWIW Rd.SM INVOICE Cid,CA OW TO _� SHIP TO �� sok�w% _ ADD S ADDRESS CITY,STATE,ZIP pp nay CITY,STATE,ZIP l7lT t(��`�� (O CUSTOMER ORDER NO. SOLD BY" TERMS 07 J A42 ORDERED -SHIPPED.,-, r 4., DESCRIPTION z r -< §„` ,P_,ICE ' UNITa° AM. UNTO#'s eV=AADloees ) 13,43A 7T. : 1I1 1 oog. d0e .2 33 yt, &2201Z , AhLT- 51540 "22a- �. ��t .�,.�;="'8�k �` t � -z;�.. t � _ Sa`e '� s ,•` a w �:'��'u r .t�S ��Y' _ 9 1p JOHN WONG� r t Y, ,} �-, QPM 4 .r 452�USA � r s �� • ,� e °2��- r , � �. �, "�^ BAY POIIVTE,pCA 94565 : A TO x4��u •'+��5,� r�gE��� iXFP�Y( `t � "k�'' 4��a" "'eRl t�� � i 2 ° s. +°�,• ��:i ;' ARS07011 a � BANK OF.THE,,WEST �3•�,��- p" t�`+�-#.� �t�.-�� `�r,^':4p � t�'d �5� v ..G'� rb``:. ��.� � t¢`� k�� '" end t � O +r.{` •4 k ��' ./ Ick`' h FR s. LSE I ! �I R l IKE THE COUNTY OF 0 CONTRA COSTA MUIR STATION 1980 Muir Rd. Martinez, CA 94553 6,,,/Y-;4 C. j't'1t Emergency 911 �s Non-Emergency,(925)646-2441 WARREN E.RUPF Muir Station Business(925)313-2541 Sheriff THE COUNTY OF =4m CONTRA COSTA ` �'•f'`u"� GOle-&-tTan of Detective �ISP�irc Investigation Division 1980 Muir Road Martinez,CA 94553-4800 WARREN E.RUPF (925)313-2652 Sheriff kof THE'S„ F� THE COUNTY OF CONTRA COSTA w � z pp L/n7l.1 iEtEnQYT.tqUYL+�aI2onE!„/ Muir Station Commander ✓✓ 1980 Muir Road Martinez,CA 94553 Business("925)313-2520 Fax(925)646-1389 WARREN E.RUPF jmaho@so.cccounty.us Sheriff y 0 co r � V ✓ F�ry cn cam N �R` Nona cU 6 a; Q mo i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD ACTION: MAY 01. 2007 il Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section referenbRsF61 MINE v� California Government Codes. The copy of this document mailed to ) you is your-notice of the action taken MAR '2 9 2007 on your claim by the Board of Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code UNLIMITED CIVIL MARTINEZ CALIF AMOUNT: Section 913 and 915.4. Please note all (MORE THAN $25,000.00) "Warnings". CLAIMANT: CHARLES EVANS II ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 29, 2007 ADDRESS: 546 17th STREET, BY DELIVERY TO CLERK ON:MARCH 29. 2007 RICHMOND, CA 94801 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors T0: County Counsel Attached isa copy of the above-noted claim. JOHN CULLEN, le Dated: MARCH 29, 2007 By: Deputy I.I. FROM: County Counsel TO: Clerk of the Board of Su ervisor•s ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we ar-e so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for- leave to present a late claim (Section 911.3). O Other: Dated: -3 07 By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV.�OARD ORDER: By unanimous vote of the Supervisors present: (vThis Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 02"A01-IN CULLEN, CLERK, By Deputy Clerk WARNI.N (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of'This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ° ,7 JOHN CULLEN, CLERK By Deputy Clerk Claim to:. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987,must be presented not later-than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months,after the accrual of the cause of action. Claims relating to any.other cause-of action must be presented not later than one year after the accrual of the cause of action.(Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,65.1 Pine Street,.Martinez, CA 94553.,..: C. If claim is against a district governed by the Board of Supervisors,rather than the County,the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Mr. Charles Evans II ) RECEIVED ) Against the County of Contra Costa or ) `MAR 2 9 2001 District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ Unlimited-Civil (More than $25,000) and in support of this claim represents as follows: 1: When did the"damage or injury occur?•(Give exact'date'and hour) Tuesday, February 13, 2007 — 1000hrs (Approximately) 2. Where did the damage-or injury,occur?-(Include city and county) Board Chambers Room 107 651 .P.ine.Street Martinez, California 94553-1229 —Contra Costa County 3. How did the damage or injury occur? (Give full details;'use extra paper if required) Claimant was denied reasonable free speech and.due process according to provisions provided by 1St & 14th Ammendments and Brown Act. 4. What particular actor omission on'the part�of county.or district officers; servants,!orernployees caused the injury or damage? ,,r,!Patternofunconstitutionali-policies,,•or•custem;usage=during*public,meetings -�..;. .}.. FailuretoIrnplement policy ag�eeablet6�Federal�and:State•pravisions ., .- �: �.:: °• Failure•to•preverit.free speech violations-of U.S Citizens'dutingg public meetings: :f. 5. What are=the`names of county or district-off'cers ,servanfs,' or employees causing-the-damage ouinj ury? Mary N. Piepho, Gayle B. Uilkema, Susan Bonilla, Federal D. Glover, John M. Gioia 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages,,claimed Attach: ; two estimates for auto damage.) Violation of Civil Rights Secured by 42 U.S.C. § 1981 Violation of Civil Rights Secured by 42 U.S.C. § 1983 Violation of Civil-Rights Secured,byy42;U:S:C.'§:1985: ., Violation of Civil Rights Secured by California Constitution Violation of California State.,Law'. 7. How was'the•amount clairiied'above computed? (Include"the'estimated amount of any prospective,irijury'or damage.) Nature of damages/injury Court Cases involving similar facts 8. Names and addresses of witnesses, doctors, and hospitals. N/A 9. List the expenditures you made on account of this accident orinjury. DATE TIME AMOUNT N/A N/A N/A.. Gov. Code Sec. 910.2 provides."The claim must be } signed by the claimant or by some person on his behalf." SEND NOTICES TO: Claimant) ) , Name and_T33regs of Attorney ) (Claimant's Signature) NI546 17t" Street Richmond, CA. 94801 A (Address) F ). Telephone No. .. ) Telephone No. 510.215.7779 Section 72 of the Penal Code provides: NOTICE Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim;bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. Claim to: ry BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987,must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action.(Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Mr. Charles Evans_ II RECEIVED Against the County of Contra Costa ori) MAR 2 9 2007 District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ Unlimited Civil (More than $25,000) and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Tuesday, February 13, 2007 — 1000hrs (Approximately) 2. Where did the damage or injury occur? (Include city and county) Board Chambers Room 107 651 Fine Street Martinez, California-94553-1229 — Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was denied reasonable free speech and due process according to provisions provided by 1" & 14th Ammendments and Brown Act. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Pattern of unconstitutional policies or customs usage during public meetings: Failure to Implement policy agreeable to Federal and State provisions. Failure to prevent free speech violations of U.S. Citizens during public meetings. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Mary N. Piepho, Gayle B Uilkema, Susan Bonilla, Federal D. Glover, John M. Gioia 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed.Attach two estimates for auto damage.) Violation of Civil Rights Secured by 42 U.S.C. § 1981 Violation of Civil Rights Secured by 42 U.S.C. § 1983 Violation of Civil:Rights Secured by 42 U.S.C. § 1985 Violation of Civil Rights Secured by California Constitution Violation of California State:Law 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Mature of damageshnjury Court Cases involving similar facts 8. Names and addresses of witnesses, doctors, and hospitals. N/A 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT N/A N/A N/A. Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (AgoFmpf Claimant) ) Name and Address o -Attorney ) (Claimant's Signature) N /A ) 54617 th Street Richmond, CA. 94801 (Address) Telephone No. )Telephone No. 510.215.7779 k*Y.#-W-#�:k�k#.�##**:Y#�:�*�YW-W#�fi=t*k�:t*****W##��#i:***��:*W*##*�=**X--##-#�k**KYW.Y-A=Y*Y.kA=*K�:##k#•fi*��#W.K:KM:#-=k#:k*##K##*#*k#W-#*�'***�=k:k*.Y:K#*%,t##k k�� Section 72 of the Penal Code provides: NOTICE Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars ($10,000),or by both such imprisonment and fine. CLAIM ` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MAY OI, 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to California Government Codes. ,. ou is your notice of the action taken i'. on your claim by the Board of r Supervisors. (Paragraph IV below), flAR 2 9 2007 given Pursuant to Government Cade COUNTY COUI�"SE-L Section 913 and 915.4. Please note all AMOUNT: $806.78 MARTINEZ CALIF. "Warnings". CLAIMANT: IVORY BLAKE MITCHELL ATTORNEY: UNKNOWN DATE RECEIVED: MARCH 29, 2007 ADDRESS: 3006 FLORIDA AVENUE BY DELIVERY TO CLERK ON: MARCH 29, 2007 RICHMOND, CA 94804 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN Dated: MARCH 29, 2007 By: Deputy _ mav,�— I.I. FROM: County Counsel TO: Clerk of the Board of S pervisors ( 'This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with.Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - ©� By: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: (This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: kFIN CULLEN, CLERK, By Deputy Clerk WARNI.N (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of'This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that [ am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN CULLEN, CLERK By -- �Q Deputy Clerk B AT? O UPS' '�(�^�r��sl ^'y�7y���r#�gF C' ONTRA.CQS� ' COUNTY A claim rely o to a cause of action fox death s fat jj ry to perstn or to personal property or growing crops shall be presented not later: than six aaonths after the ac�aal of the pause of action.. A claian.relating to any other cebse of action shall be.presented not letter than one year . atter the accrual.of the cause of action (Gov. Code § 911.1) Claims must be filed with the � of the Board of Supervisors at its office in Room 106, County Adriaizzistration Building, 651 Pine Stre l fez,CA 94553. if claim is against a distxi.c,t gDvemed by theBoard Of�ilpervisors, rather than the Cpunty, the name of the District should be ll6d in. if the claim is against xnare one public entity, separate claim must be filed against =h, public entity. _Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of flus form. eR A0 nAtR AAAtAtltlAWAAR Resat Soto Bonitos A Rtl ORAtlAtt R@0tR 0tltlR MIR RAAR ttlttRR"Mito an%%use e■ee Af E. Claims.By: Reserveafor Clerk' fang stamp MARC 9 UU Agaiast the County of Contnt Costs.o _ ctEgxgoARo o h R, r Nrgq Cosry Rvi'OP } r � T3istrct) co s (pili.iathe name) ) Thwdersigned claimant hereby makes clam a-gaimt the County of Contra Costa or the above-taauaed da-ict iia the sum.of$ :and is support of this claim represents as follows. 1, When dad the damage or ianjform.moldateand hour) ,f hYdi/the age or ot'cur7-bac city- county) 3 How did the damage or znJury occur? ave full details° a extra paper if required) 1-2 act or omission on art of un or dis�offacers, s or employees r. ghat part�ulat P caused the injury or e? � � , What are the Les of cowxty7ar ..et officets,aunts,or employees causing the damage or ury7 What age. or inextent of injuries or damages juries do your !claim resulte�(Give full claim er Attach two estimated for auto damage. ' 5��/�Z , /Z�/L r. M ry a A„«^ 1 . °7, How was the amount clam ' above comms sited? (Include the estimate amount of any prospective injury or datnage.)ve- 'S /5' fj I r �1 _j�j /1f _ 5 S. Natpes.Ld addresses of witnesses,d c and hospitals: Liset the expenditures youzme on account of this accident or i NTRA OF iBL a�-. i A \.{�ytRs ray-(i aL"�:COUNTY ..L JL ST A claim ring to a cause of action.�� or.far nSutygroto person or to personal property or wing crow shall be presented not than six months after the a=u—d of the cause of year action. A. claim._relating t6'an�r.other cause of action shall be.presented not later than one after tbe.accrual.'�f the cause of •€arc (Gov' Code § 911.2;) '} Claims must be fatedthe f of the Board of Supervisors at Its office in. Roam 106, t Lt3unty'�idIDlIliSlTatIOII`Bt331ding, Ply_ {:1 943� if claim is a district ed by"the Board of eiit7t5oi , ra *01:the County, the of theDistrict should b0fified,; t If the claim is against public entity, separate claims must be filed against each public entity.. a F� See penalty for fraudulent claims,Penal Code Sec.72 at the end of this furan. r anus aa'a aasaan;a.maaaaaa®aeeaaaeeeaaaas.aw�ea'e®nes®aaaaassassin signs Claim By; Resery far Clerk's Ung stamp � MAR 2 9 4Uu the CouIIt 8ta33tla C�RKs4ARp i C - ACDJTACpVjsops T�Ist�ct} " 'Pill in the name} The mea: `"` 'd claimant hereby claim against the County of Contra Costa or the above-named au the of$ end in of this claim represents as follows:distda G L When did the damage or injury tso� �and hour) - 2. cit. the or ' erg city' county) -- . - t Z 3. HOW did the damage tit jury occur? •v full de�ils� a extra paper if required) 410�0 fr 79 4. WbfLt-p act or omission on a part of unty or do rt offrcm , or employees L%caused e` ' or e? ', g %giat are the of coon or dist ct offic ,saints,or employees cmiug the. F damage+Pr — — . s NOW = - ' x'Y Ghat damage or in ur%es do your claim resin Give full extent of injuries or damages r. cla e& AAitachtwo estba ate for auto dauaage) 7. How was o:--amount claim above com sited? {Tnciude the estimat4arnount of any prospective irllury or da%n 8. Nanum d addresses of witnesses;docW�aLiospitals: /f 1 9. List the ejq=ditures you on account of this accident or injury: DATE . IDE AMO r aRaasaannMirgaManrgraqtqattdbq0l.s%0 Monona a9s9515-41;10asarars"61;40;8vusarrII_ss34agaa a a usagave"an$ ) .Gov. Code Sec. 910.2 provides'6!U dd&.s1M be. r_ } ed by the claimant oz by some pe�rsou as his SEND NOTICES TO: (Attomeyl ) Name and address of Attorney; } (Claimant's Siguattu _ ) t _ Telephone'No. )Telephone No. U's Is 158134 mass*ling 0 Ransom as X a a a new a 69492 Masan 110 a a sun man*a eggs UQRaasMsa:kw-9*:X a sea on was a a Ri E'IJBLIC,RECORDS NOTICE: Ply be advised that.this"clajm-form,or sk-,claim filed with the County under the Tort Claims Act,is subject to public dis kmm corder the liforaie Public`1iecords Ac;. (Gov. Code, 55 6500 et seq.) Furthermore, any attaclunents.sddenclums, or supplements atracl ed to the claun tb ,siaciudurg medical records, are also subject to public disclere r man Msai.eao;sas.assra rssrrr s Was ssastsssassria:s'essarsrsssrrraxaara rsa"aearaassrrrasasraa Jf 9 CE: Vection 72 of the-Peru?Code�avfder• Every person who, with ibti to def aud, g-0-ants for allowasm or for paymetrt::to euy state board or officer,or to any county, city, or diskia board"or off', aud:oriz+ed to allow"or pay the same if genuine, any false or fraudulent claim,b01, acute voucher;or WrAig,is punish I either by irnppoonmmd in the County jail for s period of not mare than one year, by a fins' not ex.c ftding one thousand dollars ($1;000.00), or by bath such imprisonment and fine,, or by imprisonmetrt_in the state prison, by a fine of not oxceeding ten thousand dollars ($10,0{10},trc by ski 13=3 ument €tee. STATEMENT OF NOV. 1 ST 2006 On November 1, 2006 around 9:20 am I was on my way to have a TB test read. The van License plate number 1073821 county van number 4565. We went over a speed bump going 40 mph. When we hit the bump I was turned to the right talking to the other guys in the back of the van. Counselor Jenny was driving the van. There were four people in the van all of us was hurt I was one of them. She said she didn't see the bump and she was sorry. I didn't return to Discovery House with the other people in the van. I had a pass to go to Metro 1, which was only a couple blocks away.About Thirty minutes after the accident I was feeling pain in my neck and lower back. Then I started to feel my legs getting heavy and my neck stiffening. When I returned back to Discovery House I wrote a note to the director Bob K. and asked him if someone could take me to the Hospital. It took me five hours to get to the Hospital. By that time I was in intense pain. Horrible neck pains, even worse back pains. I saw a doctor(see report CCRMC #002214302) by Dr. Chilcoh M.D. The next two days I was in pain still. I was on bed rest the first day I could barely move. On November 6, 2006 I went to see my pain Doctor at IPM Medical Group Inc Dr. Kim. I told him about my pain and he gave me some meds. Dr. Chilcoh M.D gave me an injection that night at CCRMC. EXPENSES FOR IVORY MITCHELL DR. visit 11/06 100.00 DR. visit 12/06 100.00 DR. ER visit 11/1/06 51.68 MEDICATION 193.70 NECK MASSAGER 32.00 NECK HEATING PAD 16.00 MILEAGE TO DR. VISITS 13.40 (17C PER MILE 40 MILES) PAIN AND SUFFERING 300.00 ----------------- TOTALING 806.78 STATEMENT PLEASE MAKE CHE(IlKIPAYABLE TO INTEGRATED PAIN MANAGEMENT INC 2485 High School Ave, #201 Concord, CA 94520 12/14/2006 • • ; • • - 6980 CHARGES OR PAYMENTS MADE Ivory Mitchell AFTER STATEMENT DATE WILL 49.72 3006 Florida Avenue APPEAR ON NEXT STATEMENT. Richmond, CA 94804 PEN• MIN 49.72 925 691-9806 Please check box if above address is incorrect or insurance information has changed,and indicate change(s)on reverse side. ir OTHER INSGUARANTOR! Dr- . . BA RECppT RECEIPTS 04/18/2006 Est Patient(15 Min) 100.00 50.68 0.00 0.96 36.65 11.71 Patient Coinsurance 05/16/2006 Est Patient(15 Min) 100.00 50.68 0.00 0.00 36.65 12.67 Patient Coinsurance 06/27/2006 Est Patient(15 Min) 100.00 50.68 0.00 0.00 36.65 12.67 Patient Coinsurance 11/06/2006 Est Patient(15 Min) 100.00 50.68 0.00 0.00 36.65 12.67 Patient Coinsurance • , . -® DAYS 90D 120 DAYS t 0r r O 12.67 0.00 0.00 0.0 37.05 49.72 0.00 49.72 ** Balance is overdue. Please remit or contact us immediately."Thank you IF PAYING BY MASTERCARD OR VISA,FILL OUT BELOW. ` CHECK CARD USING FOR PAYMENT _ MASTERCARD -_ VISAy CARD NUMBER AMOUNT CONTRA COSTA 595 CENTER AVENUE, SUITE 300 HEALTH SERVICES MARTINEZ, CA 94553-4634 SIGNATURE EXP,DATE FORWARDING SERVICE REQUESTED STATEMENT DATE PAY THIS.AMOUNT ACCT:# 0101 TELEPHONE: (925)957-7400 3/17/07 _ 51.68 076107622 OW DATE OF SERVICE: 11/01/06 PAGE: 1 PAID HERE AMO PATIENT NAME: IVORY B MITCHELL ADDRESSEE: REMIT TO: w- mom ILIIIII�rIIIILIII��IIIIL�ILr�rIIIIIIriIIllilirllllrrlLlJ IIIL��IIJ�IJrrllllr�lir�lrrlrlirinllulrrllrl�lll�inlrlll IVORY MITCHELL CONTRA COSTA REG MED CTR 3006 FLORIDA AVE 595 CENTER AVENUE, SUITE 300 MP RICHMOND, CA 94804-3169 MARTINEZ, CA 94553-4634 STATEMENT IIIfi�I��II�II IIIIINIIIIIIIIIN�III I�III�OMNI 11111 M Please check box if address is incorrect or insurance PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT LJ information has changed,and indicate change(s)on reverse side. 00127705101) -777777- _:7 DATE DESCRIPTION AMOUNT 02/10/07 PREVIOUS BALANCE 51 68 / BALANCE DUE 51..65 J( l I! §�k �, "'s° ir' °C,p ✓ '� - f3"�.c r< r r J f fir R� +tr'�;`w, �s�� H ':N> i r ✓ �'r w`�" ,z .r ° 4;5 s't es. 'rkS Fa'�-` r�z r.-�'f✓Fr$ ?y ° ,I & $ r sy rr, �s ; sv7 ,a•- k u, af&A��'�Y� � ✓:as 3rx� C� A�� z � r �.l � ti Y� y ./ da` Y r Kai ".IARTS ori a ••'"r a- �Y� ""� 3'�j >,- s`d a r".4"`.f 3 P' 'l4",-�,.r_ Y, - �Xu^Y.h / sG'd :�o ..c+z3 M y t s{p #,.�- 'a 3. �.✓ n ,r 2,% '.[.yY 'v b .!rp :?�i"k 1� / :.( J: r JJ; R r �✓s E,M4 {�.,r �F-v'�+�' * `�"xt-K.s.e' yrr,y is ...� afro p. ✓3 ah .✓rr' .�. fYn ✓ r. , i ..r w✓y �a v . / `�t rr y " '`txa a a K2K z r /, :...: ma y rc.�t ;ear,pry; .K r �;:Q' 'S.�3,�..e�'�. �-€z'Y:-x '$ s�,s-s A '`�-F�'/"..✓i '4ra+r i✓9y ✓ J � � ✓,y fTM9f° s MR,- 2,rz; J✓s;-",�Fa�:-fs y" {jF 3`""" w"� - `ez �a-Y" n f r,✓`d i' %n. ',`'�` s 'S y� r .6j.,, £ .x,e �. x �' r^�f F, r }, ..- a '3, rt,. ,,� '' '?'N-t -� r x.. r MEDICARE HAS PAID THEIR`PORTION OF YOUR ACCOUNT r r T, XA EMAINING 'BALANCE REPRESENTS YOUR DEDUCTIBLE rk� ,r �) "PAY THIS AMOUNT C0;INSURANCE`"AND/0✓R NON COVERED SERVICES PLEASES 5 �) REMITIBALANCE IN FULL BY RETURN MAIL THANK YOU i� 1 68 �I - sy1 PATIENT NAME IVORY ;B MITCHELL ACCOUNT NUMBER 076107622 f ��xq CONTRA COSTA r r HEALTH SERVICES ,Y s ✓i 8285•S110N1FQE000173 LONGS DRUGS LONGS DRUG STORES - RICHMOND 1040 10 0050 549 060 R)(1-070407_.p6}_.... __ 1._.__ 26.35 V k - i,. RX1066723 003 1 37.95 RX1070401 001 1 104.54 R•X",10:70410:,401 ] _ 24.85 TOTRI 1'9370 1 DEBIT193.70 F CHANGE 00 .4y x CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD ACTION: MAY Ol, 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to The copy of this document mailed to California Government Codes. ) 1 g you is your notice of the action taken on your claim by the Board of PAR' 2 J 2007 Supervisors. (Paragraph IV below), given Pursuant to Government Code COUNTY COUNSEL Section 913 and 915.4. Please note all AMOUNT: TO BE DETERMINEDMARTINEZ CALIF DELORES McCRARY, DONALD R. McCRARY, "Warnings". CLAIMANT: DONALD D. McCRARY, DINA McCRARY, AND JORDAN McCRARY ATTORNEY: ANGELO J. COSTANZA DATE RECEIVED: MARCH 9, 9007 ADDRESS: 706 FERRY STREET, BY DELIVERY TO CLERK ON: MARCH 29, 2007 MARTINEZ, CA 94553 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. MARCH 29, 2007 JOHN CULLEN, r Dated: By: Deputy II. FROM.: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated: 3 —8k'7-6-7 By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV._BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. O Other: I certify that this is a true and con-ect copy of the Board's Order entered in its minutes for thiss date. Dated: X"?_JOHN CULLEN, CLERK, By Deputy Clerk WARNI.. (Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. *For Additional War�nirrb See Reverse Side of'This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 1.8; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the clainian:f as shown above. Dated: � �°�i °�'`�� JOHN CULLEN, CLERK By /Deputy Clerk . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ones MEMO MUMMEMMONEEM80won anMNoaI RE: Claim By: Reserved for Clerk's filing stamp Delores McCrary, Donald R. ) McCrary, Donald D. McCrary, ) Dina McCrary, and Jordan ) RECEIVED McCrary ) Against the County of Contra Costa or ) MAR 2 9 LUUi District) CLERK BOARD OF SUPERVISORS (Fill in the name) ) CONTRA COSTA CO. ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ TBD and in support of this claim represents as follows: Unlimited Jurisdiction 1. When did the damage or injury occur? (Give exact date and hour) From the time Derrick McCrary was arrested by Sheriff 's Deputy Matt Cuttitta after 12 : 00 a.m. to the time of Mr. McCrary ' s death about 3 :27 a.m. , 10-1-06. 2. Where did the damage or injury occur? (Include city and county) Martinez Detention Facility, 1000 Ward Street, City of Martinez , County of Contra Costa, State of California. 3. How did the damage or injury occur? (Give full details; use extra paper if required) Please see 3. attached hereto. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Please see 4. attached hereto. 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Sheriff 's Deputy Matt Cuttitta, Sheriff 's Deputy Christopher Drolette, Sgt. Straholey and approximately 5 other currently unidentified deputies . Nurse Michelle Rosalia and Nurse Monita. 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) The wrongful death of claimants ' son, brother and father, Derrick McCrary, loss of support, loss of future support, violation of Civil Rights , and attorney.'s fees. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) TBD (To Be Determined) . Unlimited Jurisdiction 8. Names and addresses of witnesses, doctors, and hospitals: Tracy valmer 5392 Clayton Rd. Apt. F Concord, CA 94521 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT TBD (To Be Determined) ) Gov. Code Sec. 910.2 provides "The claim shall be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) Angelo J. Costanza ) (Cla ant's Signature) Attorney at Law ) 706 Ferry Street Angelo J. Costanza, Attorney for Claimants Martinez, CA 94553 ) (Address) 706 Ferry Street, Martinez , CA 94553 Telephone No. ( 9 2 5) 228-2885 ) Telephone No. ( 9 2 5) 228-2885 PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. 3. On October 1, 2006, after midnight, Derrick McCrary was arrested by Deputy Sheriff Matt Cuttitta for being under the influence of a controlled substance and for possession of a glass smoking pipe. Although, Mr. McCrary had demonstrated signs of paranoia (knocking on a person ' s door yelling for help and saying someone was trying to kill him) he was not transported to a Medical Center for medical treatment. Deputy Cuttitta transported Mr. McCrary to Martinez Detention Facility. Deputy Cuttitta took Mr. McCrary to Martinez Detention Facility' s outer vehicle sally port where a struggle ensued between Mr. McCrary and Deputy Cuttitta and Deputy Christopher Drolette. Deputy Drolette brought Mr. McCrary to Martinez Detention Facility nurse Michelle Rosalia. Nurse Rosalia interviewed Mr. McCrary for only about 1 minute and did not have him sent to the Medical Center-_:forstreatment. Deputy Drolette had told Nurse Rosalia to expedite her interview with Mr. McCrary. The deputies became angry when Mr. McCrary was nonresponsive to Nurse Rosalia. Three deputies grabbed Mr. McCrary and proceeded to take him to padded cell 2. More deputies also responded. As Mr. McCrary was being brought to the cell, Nurse Rosalia observed him become combative and he started to yell out a name or something of someone or something that was not present. Nurse Rosalia states : "So at that point I had referred him to mental health to be seen in the morning because it was such bizarre behavior. " However, even in light of this observation, Nurse Rosalia` still did not have Mr. McCrary promptly taken to the Medical Center for medical treatment and attention. Mr. McCrary, who was handcuffed behind his back, was grabbed by the back of his neck and forced face down to the floor of the cell . Another deputy embedded his knee into Mr. McCrary ' s back and Mr. McCrary 's ability to breath was gravely impaired by the deputies . There were about 7 Sheriff 's personnel grabbing and applying pressure to Mr. McCrary ' s various body parts and covering him. Then Mr. McCrary ' s ankles were shackled and he was left alone in the cell . Before the Sheriff ' s personnel left the cell , Nurse Michelle Rosalia checked Mr. McCrary who .was breathing hard and shackled-._-by'._his. ankles but she still did not have- him immediately taken to the Medical Center for medical treatment. 4. Continued re Claim By Delores McCrary, Donald R. McCrary, Donald D. McCrary, Dina McCrary, and Jordan McCrary The actions of the Sheriff ' s personnel , Sheriff ' s deputies , and the medical personnel were in violation of the decedent ' s and the claimants ' civil rights . Their actions constituted an assault and a battery. They violated their duty of reasonable care owed to both the decedent and the claimants , and were in violation of Government Code Section 845. 6 that provides a public entity and its employees have a duty to summon medical care for a prisoner who is in need of immediate medical attention. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MAY Ol, 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to California Government Codes. al you is your notice of the action taken on your claim by the Board of MAR 3 O 2007M Supervisors. (Paragraph IV below), COUNTY COUNSELgiven Pursuant to Government Code AMOUNT: $5,000,000.00 NIABTINEZCALIF. Section 913 and 915.4: Please note all CHERYL SHEPARD-JACKSON, RUSHAWN & ET AVarnings". CLAIMANT: AND MIANYA THOMAS, MINOR SAMUEL ZUNIGA ATTORNEY: DUANE HENRY DATE RECEIVED: MARCH 30, 2007 ADDRESS: 2255 CONTRA COSTA BLVD. . WDELIVERY TO CLERK ON: MARCH 30, 2007 PLEASANT HILL, CA 94523 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN. CJerk ✓' Dated: MARCH 30, 2007 By: Deputy_ _ II. FROM: County Counsel TO: Clerk of the Board of Su ervisors (,e 'I'ihis claiWomplies with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (;�„ laim is not timely filed. (Section 911.3). (� Other: _Qi iy GIGIM 15 0nIN1v r Pml: 50 -;-P*, Al( C�atmG �rior-+U 3D-®(o are �('4-tme(A��U��� t a s n r Ieeu�-I-o �� es�,�G /�-lt Glc�.rl 11-Coe�e k `j e e e7f� 11)r 1ov n Ca v rLse�S T� L'- 10 Dated: d By: lra&Ll[4 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). I.V. ARD ORDER: By unanimous vote of the Supervisors present: (v This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. /�/ Dated: is / J0`0 ,TOHN CULLEN, CLERK, By Deputy Clerk WARNIN64Gov. code section 913) Subject to certain exceptions,.you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection widr this matter. IEf you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that f. am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:,� 4 ai �- ` );'JOHN CULLEN, CLERK By Deputy Clerk / 1 } OFFICE OF THE COUNTY COUNSELSILVANO B. MARCHESI COUNTY OF CONTRA COSTA �.--'� ---`-.0 COUNTY COUNSEL �►.-�-- -{__,�' Administration Building 651 Pine Street, 91h Floor _'_ �'�� SHARON L. ANDERSON Martinez, California 94553-1229 r "== '�. CHIEF ASSISTANT (925) 335-1800 GREGORY C. HARVEY p; + a;1�1� ' (925) 646-1078 (fax) a E, 'T •4 ' VALERIE J. RANCHE ASSISTANTS O,SpA.C®Uls�' NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: Duane Henry, Esq. 2255 Contra Costa Boulevard, Suite 205 ` Pleasant Hill, CA 94523 RE: CLAIM OF: Cheryl Shepard-Jackson, Rushawn Thomas, Mianya Thomas, and Samuel Zuniga Please Take Notice as Follows: In regards to the claim you submitted on March 30, 2007, on behalf of Cheryl Shepard-Jackson, Rushawn Thomas, Mianya Thomas, and Samuel Zuniga , portions of the claim are timely and portions are untimely. The portions of the claim prior to September 30, 2006 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to September 30, 2006 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. (See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances, leave to present a late claim will be granted. (See Gov. Code, § 911.6.) SILVANO B. MARCHESI COUNTY COUNSEL : BY Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 ine Street, 9th Floor, Martinez, CA 94553-1229. On I served a true copy of this N tice of Untimeliness as to a Portion of the Claim by placing the document in'a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Duane Henry, Esq., 2255 Contra Costa Boulevard, Suite 205, Pleasant Hill, CA 94523, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that ractice, it would be deposited with the U.S.Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on 7 at Martinez, California. g&zn=�_�11 �L Kath en O'Connell cc: Clerk of the Board of Supervisors (original) Risk Management Cheryl Shepard-Jackson 1512 Alexis Court Antioch, CA 94509 Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be.presented not later than one year . after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez,CA 945 53. A C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each, public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec.72 at the end of this form. taxa aIIxxxxaxixxax axa an axaxaxx a xxixia IIaIIxa laxxxlxiaQQiaaa iaxxixii xi as aaxaiax axa! RE: Claim By: Reserved for Clerk's filing stamp G R Y L Sh E P R pr3D-J� } ETAL ANT) ! Cp Against the County a Cu&C sta,, } MAR 3 0 [uul ego � 5CK Vte-6 District) CLERK BOARLL L�PERVrsoRs (Fill in the name) Y CONTRA cost,A co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$57rA`(and in support of this claim represents as follows: 1. en did the damage or in ( )(C 3 2r 1 � ag jury occur? Give exact date and hour F Y l 2. Where 13/0-d(COULO-id the damage or injury occur? (Include city and county) ` 3. How did the damage or injury occur? (Give full details;use extra$aper if required) � i C r ` S i( S r tt2S Ct,el.rs � dor ' S'��-eS i S �C:l�►- � � �� 4. What-particularact or onsi.ssio on the part of county or district officers, servants, or employ tw Caus_ee�the `A or ge? :+ 40teS Q A tJ i C i? Cwte ` Q, r`e �;-tcS D CSX r`e � �Ct)0?4 ` CL I�� t 5 What are the names of county or district officers, servan or employees causing the i {7�f SQ S�Q.. damage or injury? t S (qA-f-CL � n�01 NA LNo Abyw b tuna u� C�t p �-r' a�" '� ,r' ove �"Af I 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages a j - claimed. Attach-two estimates for auto damage.) (�j { are - <<w � �YTu`FQ +C ��": Aap �� Ci r l.c' _ . 7. How was the amr ouclaimed above computed? elude the estimated amount df any prospective injury or damage:} (} �-ry t C r j qPM �a�y " S 01 't n 1y\ ��� ��� Names and dresses of tresses doctors and h 'tats• 8. Nam , tz•� '} ` c-� 9. List the eh nditures yo made�n account of flus accidenps *14 �jury: DATE TIME AMOUNT r u S� a � POO)el( h� Edo!a■t■■gunman■!alERRE ■at■■/■■■l11aa■6lt■ ■a■■■11■a/EllanUna aaalta11l11/t t a at a a*Kass/it } .Gov. Code Sec. 9117.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney. ) 44V4-- b U aNe, 1-C't A r , A-tbr l). Q (Claimants Signature) U - ' CQ*e4\ 12._5 5 Ctmi(«, -eol5k,..: 5 A! ,406 � ) (Address) t I�eks�� ► lig C ) 5z ) ft ) 9*5L24 Telephone N )Telephone No ■■■/■■t/111111■t/■11sun man■l am / /!/!!!tall ill/t/!!mass a/11111011 a.. 11l ■ l ■/!i[.. ac. PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure, sits amalls JI ■!!■an l l!a 11 l l l;!a!max;a!!!a l!t 11!alt!■/l 11 t l l t■/■a 11/ mass■Usual NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars 01,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000),or by both such imprisonment and fine. VIA HAND DELIVERY March 28, 2007 CC: Governor Arnold Schwarzenegger California State Senator Tom Torlakson Honorable Dianne Feinstein,U.S. Senate Duane Henry Attorney at Law CLERK OF THE BOARD OF SUPERVISORS 651 Pine Street, Room 106 Martinez, CA 94553 RE: CHILD PROTECTIVE SERVICES (CPS) OF CONTRA COSTA COUNTY Dear Sir: This letter and declarations serves as my statement and complaint against CPS. The CPS worker willfully and maliciously committed perjury in a court of law by making false and malicious statements,which have caused defamations, libel and slander and having done so are abusing their power and violated the trust of the county as a public servant. CPS worker has conspired with another to bring false testimony against the complainant, and are withholding crucial testimony. Complainant believes they have suffered greatly and request General Damages; Special Damages; Exemplary Damages; and all damages have been afflicted with"Actual Malice." I, Cheryl Shepard Jackson am the maternal grandmother of Mianya and Rushawn Thomas, and Seluis and Samuel Zuniga. I have from practically the first day had problems with one social worker, Linda Mills and others within the CPS Department. Back in 1997, at the suggestion of the Contra Costa Sheriff's Department, I obtained guardianship of Rushawn Thomas. His mom, my daughter Maya Jackson repeatedly would abandon him and leave. Rushawn was in my care for more than four(4)years until his mom and dad gave birth to Mianya Thomas. The two parents promised to properly care for Rushawn and just wanted to be a happy family, so I complied and gave Rushawn back. When I gave Rushawn back he was extremely healthy,thriving in daycare, never having even a tooth cavity. I began to witness trouble at the start. The Thomas family lived in Antioch; there was record of the apartment being shot up; one of their friends having just left their home was discovered the next morning, dead in a field near the freeway and kinder care. I was told that the detectives noted that the victim called my daughter's house last. They were all questioned over and again—my daughter would not provide information as to what happened. I recall the two (daughter and dad)had a fight and my granddaughter's basinet went flying off the bed into the wall (that appeared in the newspaper). Just last week the paternal grandmother and I discussed how Mianya(following her parents breakup)was left with many different people and when I tried to get help from the court,my daughter sent her with friends to hide-out in Los Angeles. CPS finally-removed Mianya from her mother's home. I called the CPS department when Mianya complained of her mother's boyfriend (Gary Bailey)playing with her(please refer to my letters sent to the DA& Senate) I did not learn until later that the CPS went to Mianya's mom and interviewed her while the pedophile was in the home. That case was closed. Mianya came to my home again and this time reported that Bailey had oral sex with her. I had already trusted CPS and this time at the advise of a friend took Mianya to Children's Hospital. Several physicians saw Mianya,they checked out my story that I made a report of the first complaint by the child. Those physicians apologized to me for how CPS handled my granddaughter's case. I was told that when there is a"sexual assault complaint"that the child should be removed and placed in a"safe place" so that the child feels comfortable and then interviewed. This time I took the child to the Walnut Creek Police Department and she was interviewed by the police and then taken to Merritview County Hospital where she was examined by a"special rape team"which included a nurse, female physician. Mianya told the same story that she told me about finger sex, oral sex, showers and a knife. We also discovered that if that CPS worker had conducted a"proper"investigation,would have found out that Bailey did have a past history of attacking little girls. The perpetrator/pedophile was arrested however,the DA would not officially file charges. Mianya was once again placed back home. The perpetrator was released and this time he and her mother tormented the child by calling her a"snitch"and telling her not to talk about those incidents. CPS did however, place a"no contact"order in place against Bailey. Mianya's mom we believe suffered with severe mental dilemma and the"battered woman's syndrome." She practically did whatever Bailey said, and she also suffered extreme beatings. We discovered that Bailey was on felony parole and was a career criminal that loved preying on women and children. I have attached cover copies of my letters sent to District Attorney, Brian Baker, Tom Torlakson, George Miller, Ellen Tauscher and the U.S. Justice Department. In addition to providing a safe and stable home for my granddaughter, and weekly therapy,the one who violated her and took away her innocence, should be made accountable for his actions. Society has released him and he will go to the next single mom with children and will violate that child. He use to live with his sister, and people who lived in that community would watch him as he watched little girls and all they could do is call their children in the house. Mianya has officially been in my home since November 2004. The first eighteen months or longer she would awake approximately twenty(20)times or more, crying, screaming and practically having convulsions shaking yelling that"he is going to get me grandma." Those months, she would have to sleep with me because she would be so very terrified. She was so full of rage, I would have to call the Mobile Response Team; her then therapist, and Carrie Armstrong had to make house calls. From practically the first day, I had problems about benefits. The worker told me to apply for welfare. I'd apply for welfare, and the social workers would tell me to have the child's worker to fill out papers for"foster care". This went on several times,with Ms. Mills telling me"the next time someone tells you that you qualify for foster care,tell them to call me!" Apparently, someone called her supervisor, because Ms. Mills delivered an application for foster care. I had foster care specialist inquire and ask me if the child was getting DOC benefits(Difficult Care). The first time I asked, the worker said that I did not qualify,and the second time the supervisor said that the child did not fit the qualifications for DOC benefits. So I requested an appeal. The appeals department advised that they did read the file and said that social workers (according to law) are never to verbally deny benefits, and said"we will contact the worker and have her send you an application." I waited until thirty days passed, and called the appeals department—and once again,they made contact to have an application mailed to me. That was November/December 2006, and I have not received a yes or no answer. I have attached requests. I have received complaints from the children and teacher(s)regarding Mills interviewing the children. The first was when Mianya's teacher informed me that Mills had been to the school (attached Confidential report to CPS)and began to interview the child in the class. I was told that Mianya began to cry and get very emotional and would scream that her grandmother did not have a boyfriend and I did not spank her! Please refer to CPS report to the court(08/05) outlining that the child was fearful of the writer(Mills) she said that the child was fearful because she had a cane—this child is bright and has seen her great grandmother and paternal grandmother with a cane and walker. I have tried to work as a team with the worker bending over backwards. Back in November/December 2006, my grandson Rushawn called is crying'(please refer to my fax)he said that"Linda came to my school and she was trying to put words in my mouth, she was trying to get me to say something that was not true." I asked him if he could be patient and that the hard stuff was almost over—he continued to cry, and so I asked him to put his grandmother on the telephone. His paternal grandmother(PGM) said that he came home crying and saying what he had said to me on the phone, complaining about Linda. Mianya's school and teacher have complained who the worker comes to the school dragging her out of class to interview her. Mianya is practically a gifted student. She has obtained awards every progress report. I placed her in"Martial Arts" and she received her yellow belt; she participates in novel readings and wants to be a pediatrician and librarian; she has taken ballet and tap dance; she participates at our church and is acknowledged on Youth Day having received awards; she is a fine young lady except for her nightmares and rage. She has asthma and has not had a problem for more than two years, and now since the worker has been badgering her she just recently came off of strong medicine, antibiotics and steroids and needs to take her inhaler and awakes in the night to get breathing treatments on her breathing machine. Apparently, she told me that the worker came to her school and tried to talk to her and she would not talk, and the worker threatened her that she would take out of my home and place her in foster care. Mianya cannot keep her focus and breaks out crying that she does not want to go to foster care. Apparently,my daughter got very angry with me and went to the worker—I am not sure what all she has said, but according to the court report, she reported that she and had a fight,that I allowed the children to go with her to my mom's birthday dinner, and she is alleging that I am mean and mistreats Mianya. Mianya has reported that worker has come to school, strip-searched her from head to toe looking for any marks,and of courts there are none. They have interviewed her in school and CPS reports that she would only write, "I love my grandmother." Back in September 2006, I was granted legal guardian to Mianya. There was not a problem with my caring for her, and is continuing to blossom despite, her mental condition and frailty. I was a few minutes late to court,but guardianship was granted just the same. The worker know that I would be present, I had spoke with her and she knew that I had three (3)children to drop off at school and daycare. That same day I went and met with the worker and her supervisor, Mellisa Connolly. We discussed the benefits mentioned previously. I brought up the subject of a three (3)year old toddler,by the name of Thomas Joiner,he was in the class as my three(3)year old grandson, Samuel. That week, Thomas had a severe black eye (black, and dark purple around upper eye brow, check and nose area), and I and another parent were very concerned,because when the teacher asked what happened to his eye,the parent ignored the teacher and turned around and walked out. I tried to get assistance from the worker and get them to check on Thomas. I was only given a phone number on a piece of paper. The child had 3 � � another mysterious black eye a couple of weeks later. And the week of January 19`h Thomas took a nap at the childcare facility and could not be revived. That week he had a large contusion the size of a golf ball (it was said that he jumped off a chair) on his fore head. The childcare facility flew in a grief specialist to explain to the two and three year olds that their friend Thomas would not be coming to class,that he was dead and in heaven. These children witnessed small Thomas being given CPR, having his heart massaged, and saw the teachers breath into Thomas mouth to revive him. That grief counselor, while giving her presentation, asked, "Who is Samuel?" Thomas' parents said Thomas often talked about Samuel, and said that Sam was his best friend." I do not have words to say for how sad I was and am that we could not get help for Thomas, and I will never forget Thomas or the other Thomases that still need help. The other parent and I spoke with the detective in charge of Thomas' death, and the detective did not know about the black eyes and the other parent informed the detective that she witnesses bruises under his shirt. We were advised that Thomas also had an old contusion on his head that required stitches/staples. Apparently, it was said that Thomas was crawling under a coffee table and went to stand up and busted his head. I have raised children, and am the grandmother of seven grandchildren, and have cared for many many children, and have never witnessed a two/three year old with the strength to bruise his own head by standing up and busting his head open. I will leave room to say that we may be wrong,but our(other parents)believe that this child was in danger, it is not just coincidental that in September I try to get CPS to check on the child and in less than four months,the child is dead. We discovered that there was a pile of reports that poured into the CPS, complaints about Thomas' welfare. The other parent and'I were interviewed by the media and were on camera—the only reason it did not air was because Thomas' death was not established—however, a panel of experts will be examining(Child Experts)the autopsy report,to establish the probably cause of death. I know that I tried to get help for Thomas and I have written several complaints to the Division Manager, Steve Peveler and Valerie Earley,the Director of CPS. (copies attached). My attorney, Duane Henry, advised me to contact Steve Peeler to meet regarding my concerns and complaints. I am sad to report that in February Mr. Peveler died. I spoke with Mr. Peveler several times and I would like to believe that if he were alive, he might have dealt with my complaints. Instead, on March 21St 2007 met at the Delta Far Social Services with, Linda Mills, Melissa Connolly and Ray Merritt,the Divisional Manager standing in for Steve Peveler. I devised an agenda to outline my concerns regarding our case. We then discussed DOC benefits, and once again the workers verbally reasoned why they thought my granddaughter did not deserve DOC benefits. I addressed the complaints that the worker had written in her report to the court on March 13th 2006. I discussed that the worker had outlined subjects and had twisted the truth and out and out lied to the court. Mills twisted the truth about the TBS services. CPS signed up for TBS services, a mentor for the child. The person sent was very untidy and was a very poor match for our family. Ms. Mills and her then supervisor, Ms. Marsh promised to send another TBS personnel, Mills never complied, but instead wrote a report that I maliciously would not participate with TBS services. Mills twisted the truth about a parenting class—she reported that parenting classes were ordered for me to take. In the meeting, I told how I had wanted to enrich myself with a few parenting classes—I telephoned Mills,to see if I could get assistance. Mills said"Well, if you want to take classes, I will authorize payment for those classes." After the fact, I realized that I could not get childcare for the three children, and since the classes were not mandatory,I called the representative of those classes, and informed her that I would have to take those classes at a later date. In the meeting, I addresses that issue, and Mills response was "well I thought that another worker ordered those classes." Mills knew that classes were never ordered by the department, and only wrote that lie to make the court look at me with distaste,and have the court humiliate me. The March 13'h report contained and alleged by my daughter, Maya that I had an altercation with her in the car with the children present. My attorney and I did not receive that report until the day and day after court. I believe that the worker purposely delivered those reports to have us unprepared and ambushed by the court. If I had read that report, I would have been prepared with sworn affidavits. I am told that reports for discovery are often delivered extremely late,however,that is another case of workers abuse of power,by not notifying the other side so that there is a fair hearing. At that March 13th Hearing,I sat in the hallway with family members and could not believe my eyes, I thought I was reading about someone else. When I came to that part about an altercation with my daughter, I showed the report to my daughter, and she replied,"I never told Ms.Mills that." Apparently what ever my daughter said to the worker, she informs me that she tried to call Ms. Mills to straighten out the statements and/or recant, and she told me, "Ms. Mills said that I can not change my statement." 1 In the March 13th hearing, I was accused through Mills,that I was preventing CPS from interviewing the ,child. I have always had an open door policy—allowing any social worker a"no notice" drop by; any court investigator the same. Like previously mentioned, CPS has strip searched my child, drilled and drilled her over and again and want another interview with the biological mother. Apparently,when another social worker came to my home, in place of Mills, (Melissa Connolly) I was under the impression that CPS had honored my request for another social worker. I did comfort my granddaughter and tell her that she did not have to fear Mills and that she had another social worker. While my granddaughter and I sat in the lobby in the Delta Fair building waiting for the meeting,Mills walked into the door, my granddaughter practically jumped into my lap, and I witnessed great fear in her eyes. I spoke and Mills spoke,I had to encourage my granddaughter to speak, and she finally said "Hi"with her eyes down. I have witnessed Mianya speak with others and have not witnessed her being so fearful, History of M. Jackson My daughter's background entails various—we sought help all through her childhood years because we encountered pathological lying, she also had an imaginary friend. As she grew, her behavior worsened, to extreme anti-social behavior. I outlined various behavior, which included; her condo being shot-up; and various outrageous violent outbreaks. Her background in reports note that she has had three (3) PTO's filed against her; battery;and numerous CPS reports. I was dumbfounded to know that she protected her boyfriend when her daughter reported being molested. I knew first hand that while the child was in her home, she would call me crying and saying"Gary keeps putting porno movies on in the living room while the children were home,"and she would continue to say that when she would object, Gary would get violent and insist on playing his porno movies in front of the children. I later got reports that when mom and daughter were in the shower, Gary would go into the bathroom and get into the shower with both mom and child. We also received report from one of the cousins (my niece)that when they left the apartment to go shopping,upon returning,the oldest child, Rushawn,would come running up crying that Gary was watching"nasty movies"and playing with his self; according to my niece, Maya would confront Gary and begin to fight him about his behavior in front of her children. It was obvious that Maya suffered with an awful battered woman's syndrome, and at the time was not able to protect herself nor the children. When I assisted her with filing a PTO against Gary, he appeared in court and agreed with the findings of the court, and agreed to stay away from Maya. Within that same hour,while leaving court, Gary called Maya's cell,phone asking her to come and see him. As aforementioned,when Mianya was returned to her mother's home,the child was drilled and called a snitch because she informed me and spoke with the team of specialists, about Gary's molesting her. It is approximately two and a half years later, and the child is yet reluctant to talk about her abuser. CPS Court Reports As aforementioned, Mills did maliciously misstate in her reporting to the Court. The TBS statement was incorrect—and she neglected to say that she was suppose to send another TBS rep. There was never a mandatory order for parenting classes—Mills reports that another social worker ordered classes after meeting with me. Mills has blown up a referral made—when Mills made a home visit to my home, my grandson stated how Mianya would throw a tantrum when I'd ask her to go to her room for a timeout. She would stomp up the stairs, screaming and throwing things against her bedroom wall; my grandson continued to say, "My grandma goes upstairs and whoop her." I called Mills later and discussed that statement and informed her that I do not believe in spankings,that I was raised in a home by parents who did not believe in spankings,my dad had his doctorate in psychology and strongly believed in talking through our problems. I did however, say that I would try to stop Mianya from destroying things and maybe pop her behind to try to get control,but I do not abuse or spank her. Mills said fine, and asked me later to sign a form agreeing not to use corporal punishment, and I have not done so. Damages School Mianya had enjoyed school—in her first progress report for the semester, she had only one (1)absence. and with the absence, I had to insist that she stay home because she was ill Currently we are in the 2°d semester and Mianya hates to wake up, cries that she does not want to go to school and has become extremely ill, with excused absences. Last week I had to take her to the emergency roombecause she could not breath. She was placed on antibiotics, given another inhaler and prescribed steroids. She continues to have stomachaches; complains that she cannot go to school,because she is afraid of Mills. Two weeks ago, when I picked her up from school, while sitting in the back seat of the car, she asked "Grandma, can I go to another school? Can I go to Fremont school?" I asked why, is someone picking on you?" She replied,"No one is picking on me,I just do not want Linda to bother me or find me!" She just breaks out crying throughout the day, crying and screaming, "Grandma, I don't want to go to foster care! Please." Apparently, Mianya has reported that during interviews, when she would not talk to Mills, she threatened her with foster care. In my opinion,that is child abuse. Mianya now does not want to go to school! I believe these workers are making her a nervous wreck! She wants to become a pediatrician and librarian and loves to read and was top in hor class. She now has lots of absences due to nerves and illness. When Mianya first came to live with me, she did have asthma, and eczema(awful skin rash) and scratched all of the time. I changed her diet, feeding her vegetables, and a lot of fruit, bathed her with mild soap and washed her clothes with a mild detergent, and all of her health conditions practically went away. Now,most of the health conditions have returned, even her eyes are swollen,puffy, and she rubs and scratches them all of the time(she was prescribed eye drops and eye jell to apply), and it is apparent that her nerves are a wreck. Mills knows-that Mianya has been well cared for, safe and feels secure with me. This past weekend, Mianya and her brother went for a visit with her mother; close to midnight,my phone rang, it was my daughter, she said, "Mom,Mianya is crying, she said Mommy, I love you,but I miss my Grandma, please let me call her and say good night, and say I love you." Mianya said our good nights, and I love you—it is apparent to even my daughter,that Mianya have a very special bond, and have become extremely close. As aforementioned,I discovered that Mianya had been taken out of class, and striped searched; and asked questions over and again. There has been nothing to discover,my granddaughter is a bright young girl and more than capable of speaking up and answering questions. ADDITIONAL DISCOVERY—CPS Telephone message from said accuser Last week, I discovered a taped message left on my cell phone,from my daughter Maya. I had encouraged my daughter to make sure that one of her friends had clearance by CPS to be around the children. The message my daughter left in response was, "Ok,you plan to inform CPS ... and that is why I told Linda Mills what I told her... and, in other words my daughter was threatening to attempt to get me in some sort of trouble with the worker. I called Melissa Connolly to make an appointment to come and let her listen to the message. Melissa, said, "instead of driving all of the way to the office, just play the message over the telephone. I played the message over the telephone, after the message ended, I asked Melissa, didn't it sound like a threat?And that my daughter was threatening to retaliate with lies if I spoke with Mills? Melissa, said"yes,that is what it sounds like, and I'll note the record." March 27th Court Hearing Mills wrote in her report to the court,that I made a derogatory remark about her directly in front of my grandson, Rushawn, and the paternal grandmother--the remark caused Rushawn to cry—there was additional information pointing to the paternal grandmother, Marlene Thomas,that apparently she informed Mills of the incident. In court, my attorney interjected and informed the court that I did not make a negative comment about Mills, and the child did not cry. The judge refused to hear our side, and spoke directly to me saying"I don't believe that Ms. Mills would lie, and that he believed what Mills had written`4and°he believed that I did cause the child to cry. 91 The paternal grandrriother(PGM)was not present in court and we had no recourse at"the time but to be quiet and accept the ridicule and criticism from the judge. After court, and on the`way tome, I stopped off at the PGM's house. I first asked if I'd said anything offensive about Mills in front Rushawn and I make him cry? 'Ms. Thomas, asked, "Are you talking about when Rushawn called you cryirigs about Mills?" I replied"No,when we were at court last week, sitting together." Ms. Thomas recalled;-.that I was reading the court report(written by Mills)and that I commented,this is all untrue,these are lies, and that she said, "Cheryl, remember the child, and I said, oh,yes,you are right, and I put the report down. Then a few minutes later, we remembered that Mills was standing about 15 feet or so away, and Rushawn rolled his eyes or made a face, and Ms. Thomas told Rushawn,Alright Rushawn,be nice. I did not seen Rushawn's eyes or face, but heard Ms. Thomas comment, I spoke to Rushawn and said, Now Rushawn,you need to stay in a child's place, and allow the adults work through any difficulties." We believe that Rushawn just said "OK." (please refer to the sworn affidavit) Ms. Thomas both try to support each other with the children, she will speak with Mianya when she is difficult, and I talk to Rushawn wheOe is being difficult. And the children will sometimes take turns spending the night at our b0aws. h I Visitation In Mills report to the court, she reports that I allowed the Thomas children to ride to San Francisco alone. In January 2007, my mom celebrated her 72nd Birthday—I started to drive, but was having problems with my auto, so we met my daughter t Wal-Mart and drove in her new car. At no time did the children leave my side. Most of our relatives were at the house,however, at no time did Mills verify with anyone the facts. I find it hard that my daughter lied about that day,because she knows that family members could and would give the truth. My aunt, Reva Ransburg and my cousin were present at the celebration—my aunt works for the traffic division(SFO tickets) and my cousin works for the SFPD in the robbery division. All of the grandchildren and great grandchildren would give testimony that I was present with the Thomas children. I wanted very much to enjoy my mother,tomorrow is not promised to anyone, and I want to share any remaining time that I have with my loved ones. Preventing CPS from Interviewing the Child At both hearings, CPS has led the court to believe that I have prevented them from dealing with the child. CPS has been to her school several times, strip searched the child, interviewed her several times. I received a telephone call from my daughter last week. She informed me that she was ordered to pick up the child to take her to Martinez to be interviewed. I was under the impression that I was not to release the child until the visitation orders were granted. I told my daughter,that I would ride up to Martinez with them and sit outside. She called the worker back, and then called me back to say"the-worker said that she does not want you to come,that I have to bring the child alone." At no time has a worker called me to request to see the child and inform me that my daughter was to bring her—the order was hearsay only. At the March 2I't meetings with Merritt, Mills, and Connolly, I brought that matter up, Mills said that yes, Maya is to bring Mianya to be interviewed by a worker. Maya was to get the child on Thursday,but cancelled, and then Friday, and cancelled another time. At the March 27th hearing the .,:CPS department led the court to believe that I had not complied—and the court made a court order to produce the child, and said that if the child had not been interviewed within one week,the department would then pick the child up, and that would not be a pretty picture. After court, I cried to my attorney, about what I was to do,I do not know where to bring the child, when, and could not forcible make my daughter keep her appointment. I am the child's legal guardian, and the department has ignored that I am legally responsible,and spoken with everyone else, but me. That issue is the same,if a mother was told through a family member that they had to take her child on an appointment, and the mother does not know where and with whom! As I have stated before,I have always had an "open door" policy with the department, and have rearranged my schedule to allow CPS and court investigators to come to my home on the same day. At both March 2007 court hearings,there was a lot of uproar about the possession of a firearm. Apparently Mills became aware that I had a handgun in my home and brought the matter up in court. At the March 13`h hearing, I explained that after my divorce from my correctional officer husband, I purchased a firearm. I have never been charged with a felony, never been on parole,never had a PTO filed against me, and my Constitutional Rights state that I have the right to bear arms. I am a single woman that lives alone and I believe in protection. It was ordered that the police come to my home to check out the weapon. March 13th an Antioch Policeman came to my door,the children had just had dinner and were playing,and I led the officer upstairs and with keys, opened the steel box and allowed b the officer to check the empty revolver. For certain the officer checked by background before he came into my home, if there were any red flags he would have probably confiscated the revolver. He said that he was not sure why he was called to check since I wasn't a felon, and not on parole(I offered the serial number to note if he wanted to check to verify that it was registered to me), I provided the officer some details on what was going on between CPS and I. My attorney and I checked the foster care application, and there were no questions about firearms. Also, at the March 13`h hearing, I informed the court that I purchased the revolver after being divorced,the Commissioner, misquoted me by saying that the firearm belonged to my husband, and I once again corrected the court,yet Mills misquoted my comment in her March 27th report—my attorney was present and verified that I did say that I purchased the revolver and that it was registered to me. CPS is determined to submit false statements about me. Mills and the department are maliciously and willfully submitted false statements to the court, determined to smear and humiliate me in court and others. At both hearings,because Mills twisted:and distorted and down right lied to the court, I have suffered. The sad part, is that Mills is suppose to be a sworn officer of the court and a"trusted"public servant, especially serving children. However,you have a ten(10)year old saying that she was trying to put"words" into his mouth, and you have a fragile young girl who is terrified of her(she noted that in her own words in her 8/05 report), there was a teacher that complained, and there is verifiable facts that she,is purposely presenting false statements to the court. I tried to work through these difficulties with the department. We had a managerial meeting with Ray Merritt, Divisional Manager, and I have spoken with Lois Ruttten, Divisional Manager, and have spoken with Cherry and Rebecca of Valerie Earley's office,trying to get someone to listen to my concerns. The CPS department continues to ignore my concerns, and have written and requested another social worker,but, again we are ignored. The Department is not interested in the truth but are on a witch-hunt, and will no doubt,have and will hurt innocent people. There are so many children suffering at the hands of their abuser, Mills is wasting precious government and court time on a personal crusade trying to"teach"me a lesson because I wrote and complained about her actions. I Cheryl Shepard Jackson declare under penalty of perjury that the foregoing is true and correct to the best of my ability,this 29ffi day of March, 2007, in Antioch, California. Cheryl Shepard Jackson March 29, 2007 C Y XS 'S Vis . ? t t 4 �= "M lv � � f x r CL O O ap LC ju 7rV Ito ® i W O 10 O +}a��. tom' 'G 1. s` aim e y t S * _ F Ofticiais nns await test$',,'. d I in death int of the class writing f toddler,,;,",,,, equations on the large. )ard, the 30 students 11 pNt' OCH:3 year-01Ot .ir calculations on.their sonal white boards at ap are�d fine Burin daN;, 4.. ks. took nap with other it because it gives quick very day of things never children at day care eenten I done," Nortune said. but never woke up ' second full year as prin- ` onzalez has asked his By Cassandra Braun to apply the math board TIMES STAFF WRrrER mglish Language Arts. Authorities are awaiting !n we use our math icology results to help explain,,¢;. he most important thing death of a toddler who neyer' e still paying attention," woke up from a nap lastweeat, z said."Students review an Antioch day care., ' ` ion 60 times throughout Contra Costa coroners�do:{of, instead of just once." yet know what killed 3-'Year7"Glp, with the help of Wight Thomas Joyner, who failed`,`td SAIT group, Gonzalez rouse from an afternoon nap.Fri , day. An autopsy was conducted;; SCHOOL, Page 4 Saturday,but pathology'test find=' ings that might help reveal trq, cause of his death are still pen{i • ing,a deputy coroner said. ts his dUe At 2:42 p.m,.;Friday,An4ggi::'. police respanded„to a'report,{� nonresponsive "child°:'at '.tkd; s yo >: aZ CuV Q c 's bZ , a� 0c ~° e v c�a �wa�io o �ha bum oo0 , r v � a �n 3 a o io q 3 fi tZ'v coa a w io. V v L0�' }'o W,0 .n ansa 3c� � �' '�u; c° o u o Z" r c � o U o v.v hO u4Wct; 0 E Cd 4 M C w l �p YC iZo O C b4r. vw 2r m e cti b G b°Jj+4- O CL-0 00 n+' 7-0 boA VJ C7 b O 3 cdesS o c)uo FA m vx C3 0 co rA 6L U.0 im cz _aas 0 > a u�. mo w �• IL AukH 0 o Cr1 '+'� v•� `'• i Oc'aa���s � ��"tate ter of Ila M. Selby and of Kenneth Selby; loving no, e H. tuti NV, c George Eec, tvallieri, 58, 'nttrr^Ov$8II?ii� ci�i Cliib: piiewa;%.ana She enjoyed cooking, traveling, cousins. Visitation Thursday, lay at Sutter gardening, her grandchildren, January 25, 2007,6:00 p.m, with iter, Antioch, a vigil a vigil t native and family and friends. Eleanor is g' gil at 7:00 p.m. at the resident. For survived by her husband of 59 Pittsburg Funeral Chapek e was a resi- years, Vincent "Rabbit" Coniglio; Graveside services Friday,!Jami CA. Sammy daughter, Donna V. Anderson; ary 26, 2007,2:00 p.m.at St. Pe` 3 of Pittsburg son; Ronnie Conigho; five ter's Cemetery,Fresno,CA. Army veter- grandchildren, Stacy, Michelle, Pittsburg Funeral Chapel ears for US. Jesse, Stephanie, and Sally-Rose; 925-432-2114 rg. He then four great-grandchildren, al manager Kelsey, Lauren, Emily and Emma M.Jens r Peninsula Kendra; sisters, Marie Flores and Dec,31,1914-Jan 21,2007 Monterey. Jeannie Wafts; brother, Anthony Resident of Concord sports. He Ferrante, and numerous nieces, 92 Services Thurs., Jan. 25, 1 and pony nephews and cousins. She was 2007 @ 12 noon @ Ouimet Bros, cams. He preceded in death by her pa- Chapel,925.682-4242 vas a mem rents, Salvatore and Rose g ,Mallards Ferrante. Visitation, Thursday, 1.rtier loot- 1/25/"2007, 6 p.m.; Vigil, 7 p.m.; Thomas Michael a ,e V was col- and Funeral Liturgy, Friday, Joyner a , 1/26/2007, 10 a.m. all at Church bili:t. June 27,2003-January 19,200, >y his wife, of the Good Shepherd. Commit- Resident of Pittsburg tai services following at Holy daughter, Barn in Walnut Creek, Cal Cross Cemetery. , ns, Steve, nia, Thomas Michael was a 3h Pittsburg Funeral Chapel rridge; pa- year old.boy who was outgo>ing ` Cavallieri; (925)432-2114 and full of life. grandchil- Although Thomas's passing Idren; and was sudden and unexpected,'he news and Armida A. Cremeans brought . joy and love into Resident of Antioch everyone's lives. Thomas live¢ t Wednes- 69, viewing, 1/25, 4-8 p.m.; his life on the highway going rayer serv- 'services, 1/26, 1 p.m., both at 100 miles an hour. Always get- tsburg Fu- Pittsburg Funeral Chapel, (925) ting into anything and every- services 432-2114. Burial at Oakview Me- thing he could get his hand,i on, m. at Oak mortal Park, from throwing daddy's ceU itioch. phones into the toilet to jurip= hapel ing into the pool in 39-degre4 ` weather. He was afraid of noth- ing. He was superman. Thonias will always be remembered for his big Bean and his sense of Z. humor. Thomas. is survived by his pa` 3 , rents Jason. Joyner and Stacey `his sisters lauryn yiaurer~'and Kaitlyn }�3 lsr' grandparents, J;m a- i7Gt i a les, Frank Penney 4d Diane Fe.'trinifer n ., great-grandmothe* Vern Earl Curtis que, Myersr;, lus auntsMay 29,1934-Jan.17,2007 phanie%% and Britttneyx, Crites,Resident of Alamo and" Kimberiyz Ecnnr i. }j Vern Earl'Curtis passed away apd Rebecca Jackson; and 1fiA ' 4 ',2007 January 17, 2,'307 at the;age of fou s Halley and Ashton C Arizonas cs will'be hel xeek 72. Born in Dandier, ;iirial will he has spent nearly 70 years tln` of '� ' Allis cy ig for, ,:California.,:both in Southcrs;Ca1- Chu located at 2401 Shativ County 'ifor ua and- Northern_CaBfornia w 4l ane in Brentwood lrn- iho died He has spent the last 33 Years.m'` ediately following the servic 'i Walnut the Alamo area with his wife of wiU be the burr,• - at Oak View 52 years, Karla May Miller Memorial Park Alham- Curtis, who preceded him in Street in Antioch'. St .. of 1930, death. Known as the loveable For anyone who would like to ersity of guy with a big heart and hugga make donations, ;they can be and an ble as a teddy bear, Vern had a. .made at Washington Mutual In a service love and vigor for life. He was trust fund under Stacey Penney-, led Vice an °avid scouter with a passion Hi Chapel tnernbcr for the Boy Scouts of America 1 Associ- and shared it as a scout leader. 9225 5-7 757 4343 C Foun- He was a recipient of the presti- be Cal gious Silver Beaver award. He Marlon A. Knight Jr 1, Presi- was also involved in the Resident of Berkeley , al Club, Liahona Organization, who pro Marion A. Knight Jr. died Jams; Sackers, vides girl's can for LDS a 18,2007;in Berkeley at the In addi- young women in the area. After ry ll the age of 77. A native of Dallas, if l iply an almost 2d rear career -Rba� 6��A",k ri� VIA FACSIMILE: 925.957.2240�� February 3,2006 o 0J'i6rC9 eiiD-D 4 33 CONTRA COSTA COSI 1c , ZLH 4 OFFICE OF THE DISTRICT ATTORNEY 725 Court Street,4th floor Martinez,CA, 94553-0150 , y + t^5 9,2 - Attorney Baker,Head Counselor"D. Cushman tGr RE: Gary Bailey CDC#P23438 Dear Mr. Baker: I am writing you regarding the above felon who has continued to break every law making my and my family's life.,a living hell. After leaving your office I went to Superior Court m Walnut Creek to haye the,outstanding`PTO amended. The Walnut Creek Police Department contended every time Bailey showed up beating my daughter that the existing order was only temporary and that the c ieii#order did not indicate if the defendant appeared m court at the hearing. I spoke with Jane(clerk 646-6579)at the courthouse, she informed me that both the police and the district attorney know that when NO.16 on the CLETS Order is checked SERVICE—THE DEFENDANT WAS PRESENT IN COURT. I explained to all of the officers including Lieutenant Tim"Bruno"Schultz of the Walnut Creek Police Department that Bailey was present m court. I am exhausted going around and around with these agencies regarding the PTO—We were told that the computer indicated that there was a PTO however,that the defendant was not served i spoke with Nancy from your.office, she explained to me that most of the reports submitted to your office from the WCPD were vague with regards to Bailey showing up after being served with the PTO and appearing in court ordered not stalk my daughter. On the same day after appearing in court,he called and threatened my daughter. She called me at 3:00 am crying and saying he threatened her saying he did not care about the order and that "we are going out with a BANG." I drove to WC,we both went to the police dept. spoke with J. Ichimaru(who argued about the order)I heard Maya tell the officer everything Gary threatened Now according the Nancy,the report never mentioned the threats. Just this past weekend,Maya called me crying sounding very tired and saying she was tired"it is so hard to get away from Gary". I heard him(Gary)in the background—I asked her if that was Gary's voice,and she cried yes. She said that he got in the car and she tried to go to the police but he grabbed the wheel and tried to make her crash. Her friend that was in the car,purportedly, Gary grabbed Maya as she left the apartment,she got away and ran in the house to call the police but he came behind her and broke the phone and broke it. A cab pulled up with Maya's friend Phoenix—Gary grabbed approximately$1,000 from Maya purse,got in the cab,then got out and in the car with Maya and her friend. He,made her drive him to his sister's house in Bay Point. I met Maya and her friend in Bay Point,we called the sheriff and the WCPD to make a report. The sheriff knocked on the door to talk to Gary but no one would answer the door. The WCPD called us several times and spoke with Maya and gave her a police report no. Sir,these are just a small number of violations committed by Bailey. There are two issues I would tike you to address,and they are back in 2004 when Officer Christ of the WCPD took a VIA FACSIMILE 925.646.4445 November 14,2006 Dara Cashman,Attorney at Law DISTRICT ATTORNEY'S OFFICE 725 Court Street Martinez, CA r RE: GARY BAILEY DOB: 0712/72- CDC Number P23438 Mianya Thomas DOB 05.3 1.00 Dear Ms. Cashman: I was recently in the DA's office and left copies of letters addressed to Brian Baker, Lead DA, and spoke with Lieutenant Dec. D. Jackson regarding Gary Bailey and the case in which he was arrested for molesting my granddaughter,Mianya and a Protective Order taken out by my daughter Maya Jackson against Bailey. To my understanding, I am told that I need to contact the detectives in Walnut Creek to establish if charges should be pressed against Bailey. Previously,the detectives had told me that it was up to you to press charges. I have written letters to our State Attorney General Bill Lockyer; Senator Tom Torlakson and made contact with Child Help USA to encourage the DA to prosecute Bailey for the horrendous things that he has done to my granddaughter. And to no avail!! Everyone is passing the buck! I spoke to my granddaughter's therapist and inquired why is that young children are molested, and they guy is arrested and the DA, does not trust that the child will do well on the stand in front of a jury. The therapist said, "that is usually what happens,the guy is not convicted." So we are to understand that a guy like Bailey is free to go to another single mom, molest her child,and go to the next child because there is no record of this guy's previous acts with a child. If the reason is a child is too young to testify for the DA to get a conviction, there needs to be another course of action for the DA to take, to get these guys off the street—or is it that the case is not"high profile"the reason for the DA not filing. Someone should take on the system and not turn their back on the innocent. My daughter finally left him, obtained a Protective Order, Bailey was present in court, and to date he still stalks her. The day I spoke with Det. Jackson, Bailey was in custody in Oakland, CA. He ,,��ntinued to call my daughter leaving approximately 20 messages per day,the Oaklan moistened to one message6where he said"Bi_ch,I am going to get out an put a candy bar in your automobile gas tank and you'll have to get a new motor," (she had a 2005 Toyota Camry). Alioska Valdez, of Domestic Violence—District Attorney's Office listened to that message. Gary Bailey was in custody for violently attacking a store clerk and using a weapon; he was arrested in June 2006 for dealing drugs; and we have called the police several times for him threatening my daughter and grandson. My grandson Rushawn Thomas,nine years old,received a telephone call in ��v yn" U'- Page 1 of I April 30,2004 RE: MIANYA THOMAS Gary Bailey Case No. 04-2579 VIA FACSIMILE April 30,2004 Senator Tom Torlakson STATE SENATE 2801 Concord Blvd. Concord,CA 94519 State Attorney General Bill Lockyer CALIFORNIA DEPARTMENT OF JUSTICE! Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244' RE: MIANYA THOMAS DOB: 05/31/00—SEXUAL ASSUALT GARY BAILEY CASE NO.: 04-2579 Dear Sir: We are contacting your office with hopes of getting assistance in the case of my three(3) year old granddaughter,Mianya. I have contacted various offices to include Gayle Uilkeme,the District Supervisor of Walnut Creek, and the Child Protective Services are involved also. This week,to my dismay,the above-mentioned felon,Gary Bailey had been charged with sexual assault against Mianya and the district attorney,Deputy Dera Cashman has decided NOT to file charges against this monster. The history is as follows: Several months ago, after bathing my granddaughter she informed me that "Gary had put his fingers in her kittykat"(she indicating to me that he put his fingers in her vagina). I spoke with my daughter, her mother Maya. She immediate began to scream and yell that she did not believe that and implied that I made it up. I contacted CPS. I learned later that CPS called my daughter and scheduled a meeting with her in her home. I was appalled to additionally learn that they [CPS] CONDUCTED THE INTERVIEW IN THE HOME WITH THE MOTHER AND PERPETRATOR,GARY BAILEY. My daughter later informed me that CPS closed the case and things were ok. Several months later,Mianya told me things(I used every bit of strength not to cry or vomit in her presence), she said, "Grand ma, Gary is a bad man,he put his tongue in my ear,"and he put his tongue in my kittykat" We were riding in my auto, as she described how he had out pencils in her and how he would beat her mom until she bleed. She described how he would get in the bath with her and her mom. I knew that the situation was not handled. I took her to Children's Hospital in Oakland, CA. They checked my story that I had reported this to CPS. The doctor in the ER room apologized to me on behalf of CPS. They said"CPS SHOULD HAVE REMOVED THE CHILD AND HAD HER EXAMINED AND INTERVIEWED HER OUTSIDE OF THE HOME.!! I was misdirected and told to contact another agency within their hospital,but later directed to contact the police were the crime occurred. I went to the Walnut Creek Police C afib� ' Date and Time: Friday, May 14, 2004 1:17,;PM To: STATE ATTORNEY GENERAL BILL LOCKYER ° Company: DISTRICT ATTORNEY U Fax No.: 916.323.5341 From: CHERYL SHEPARD-JACKSON in- MI �; Company: y sqw. Phone No.: 925.706.8777 :,I.::. h:•,�1 klyY Fax No.: No. of Pages: 6 including cover -- Attorney Lockyer, 4' : Attached is a letter addressed to Mr. Torlakson's office. We have been seeking assistance NO— with the sexual assault of my granddaughter, Mianya Thomas. She is not doing very well. , '. ' Last night, she awoke more than fifteen(15)times screaming and crying,totally terrified. He „ '° w mother, (my daughter) Maya, has continued to cover for this predator, Gary Bailey. From the very beginning, she defended him, frustrated the investigation by pointing fingers at others,just to through investigators off the true trail of her m boyfriend.riend. I am baffled at her Y,��•�° 9 Yf ° personality flaws. Apparently, she thinks that she is in love with Ga However, m P Y Gary. Y t granddaughter was very thorough in her descriptions of the sexual assaults that Gary forced Y 'R` on her. She was very descriptive to me and to a panel of experts that included a specialist, a nurse, a rape counselor and a doctor. They took medical photos and determined beyond MINE `M a doubt that she has been sexually assaulted. She described VePbatiM how he(Gary) 1 :.�g assaulted her with his fingers, pencils, and had oral sex with her.She kept describing a knife ` I and how he would hit the knife against the wall She told mey how he would come into her .~ w ��.all fhr�ughwith her. I am not a room,wake,ber up and carry her in has f�edroprr3 and have his vay professrongal�bhearat `s tla i aln heldg Ftec: indomfthe night crying and scream'rn orting her and praying ,y with:,her-,she calms.down,and,.go.es,bac.lc.to.sloep f.or:a shor.pariod of time. The child has acted out at her paternal grandmother's house and told that Gary taught her how to do that. to She also told her godmother the same stories of how Gary would sexually assault her. The Deputy District Attorney, Dera Cashman decided not to file charges. Ms. Cashman x states that she has left the door open and could file charges in the next ten(10)years when i the child is older and could give testimony. Her reason for NOT filing is that she does not think that my granddaughter could testify against Gary. The child most definitely gave explicit details outlining graphic horrid details(most children would NOT have such knowledge unless it had happened to them). This guy, Gary is not a boy scout! He is a convicted gangbanger,drug dealer, and gang leader. My daughter reported that HIS x attorney said"Gary is a sick man." Since Ms. Cashman decided not to file charges, he was released and is out a free man. Mean while he has been reported saying;°I'm not afraid of %ay jail, and that I (he) has real plans once he is off parole." (we believe-he meant that he had plans to hurt or kill my daughter,the child or me). He will officially be off parole in July 2004. My daughter is either blind and deaf to the threats or is scared out her mind. Gary has physically assaulted her on numerous occasions, beating her and kicking.her in front of the children. I cannot fathom how ANY woman could have ANY contact with a predator accused of assaulting their daughter. My daughter reports that CPS has forbidden he to have contact and that Gary is forbidden to come to the house and be around the children. However, I have had reports that he is back and apparently when it is time for CPS to come to the house, he leaves. If I were a child, I would be petrified of a man and has NO respect for authority, and respect for mankind. This man is a serious felon and a PETIFILE! I guess that Ms. Cashman is waiting to see if. Gary will rape and murder the child and just maybe then she might file charges. Gary is arrogant and probably has right, he has defiled and murdered a child's spirit and absolutely nothing has been done! Not long ago, he was in the newspaper noted as"wanted" and "extremely dangerous." He is an outlaw to authority, we could only just image the terror he has caused to a three(3)year old.. This is an outrage and travesty of justice. I am begging you to PLEASE Look into this matter. A three(3)year old would not make up such stories of sexual assault. Yesterday when my daughter dropped Mianya off, she took her off to the side and talked to her. Just as I warned, she has told Mianya not to tell that Gary is over at the house. Apparently, CPS has ordered that Gary not visit the housd and that he take a 52-week anger management course. I warned CPS, the District Attorney and Counselors that Maya was protecting Gary and that with the children in her custody that she would pressure the children not to talk and to lie to authorities . I spoke with the person that informed us that Gary has been at the house and she reported that Mianya told her how Gary had sexually assaulted her and that the child said, "but, please do not tell my mommy,she will be mad at me." This is horrible and I am saddened and cry at night to know that this child was assaulted by this felon and predator and that her mother does not protect her and is forcing her to not be truthful with authorities. I believe that Gary will continue to sexually assault my granddaughter and that he may hurt her or eliminate the child if he thinks that he might get convicted of the crime. My daughter told me once that he bragged once before that his last girlfriend was killed in an auto accident and that he was behind her death, and he said,"he could eliminate her(Maya)too., It might be a combination of fear and intimidation that my daughter feels about Gary, he has bragged of his affiliates with gang members and how bad he is. Could you please look into this matter? My granddaughter will be four(4)years old May 319t and she is EXTREMELY INTELLIGENT AND BRIGHT! I strongly disagree with the district attorney, she could give remarkable testimony. I encourage my grandchildren to pray at bedtime and before meals. This child asked to bless dinner, and she began prayer by asking everyonelo--b thelrrtheads;�aritV*-began,praM�saying"Dear Heavenly Father, KWhank ybrr r.lbaus ai?c�a�1� B bhssng� .a Artti she Messed the food and ended with,Arrten. This child s"bright ancf wonderful and ;hate &see how her spirit has been tainted and muMered"and above al 17ha�te to see the der eyes when she talks about Gdry,i6i"Kai expressed that s ie wants to life wifh me TMV" Thank you for your time and consideration, I hope to hear from you soon. 1 hope that something more serious does not happen and we reflect and find that something could have been done to protect. Respectfully Cheryl J son f - l � - JV-325 PETITIONER OR ATTORNEY(Name,state bar number,and address): EQR 000RT 1l6€ Valerie J. Ranche, State Bar#80565 Assistant County Counsel Contra Costa County P.O. Box 69, Martinez, CA 94553r # ' TELEPHONE NO.: (925) 335-1830 FAX NO.: (925) 646-2461 ATTORNEY FOR(Name): Employment and Human Services Department SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA " STREET ADDRESS: 725 Court Street MAILING ADDRESS: P.O. Box 911 CITY AND ZIP CODE: Martinez, CA 94553-0091 BRANCH NAME: CASE NAME: In the Matter of MIANYA THOMAS Minor. LETTERS OF GUARDIANSHIP (JUVENILE) J04CASE NUMBER: UMBER. -00462 STATE OF CALIFORNIA,COUNTY OF CONTRA COSTA 3. AFFIRMATION 1. (Name): Cheryl.Jackson I solemnly affirm that I will perform the duties of guardian according to law. is appointed guardian of the person of.(child`s name and � Z'(112ry date of birth): MIANYA THOMAS Executed on(da e): (DOB: 5/31/00) at(place): CF d SGV California. IX 2. Other powers(specify): IGNA OF APPOI E) Cheryl Jackson 4. CERTIFICATION certify that this document is a correct copy of the original on file in my office and the letters issued the guardian appointed above have not been revoked, annulled,or set aside,and are still in full force and effect. Date: Date: Clerk, by Deputy Clerk, by j1f, yoyiCh ,Deputy (SEAL) (SEAL) r r ° NOTICE Any petition to terminate or modify guardianship or to change a child's residency to out-of-state must be filed in the juvenile court named above. See important information on reverse. Form Adopted for Mandatory Use Welfare and Institutions Code, Judicial Council of CaliforniaLETTERS OF GUARDIANSHIP(JUVENILE) _ N-325[Rev.July 1,1999] So ui 360,366.26,366.4,726 s p Superior (tour# of Taliforititt COUNTY OF CONTRA COSTA e: '725 COURT STREETr `m• P.O. BOX 911 Li MARTINEZ, CA 94553-0091 - y ;. v September 5, 2002. Chery Shepard-Jackson 3320 Steele Drive Bay Point, CA 94565 Re: Guardianship of Miyannya Thomas; Case No. P02-00824 Dear Ms. Shepard-Jackson, I am the Court Investigator assigned to the above-referenced guardianship case. I have made two attempts, by telephone, to make contact with you to inquire whether you are pursuing your guardianship petition. The court noted that you did not attend the July 31, 2002 hearing held on this matter. Also, please note that at the July 31, 2002 hearing, your daughter/Miannya's mother, Maya Jackson, and Miyanna's father, Rushawn Thomas, were present and they voiced their objections to your petition. As a result of your absence and the objections, the Court continued the hearing to October 2, 2002 at 9:00 a.m. Again, please let me know if you"-will:` continue to pursue your petition for guardianship by September 10, 2002. Furthermore, should you wish to pursue your petition, I will need you to fill out and return the Proposed Guardian Information Form and Release of Consent'Form (CFS)by September 10, 2002. You can reach me at (925) 646-2923 or at Probate Investigation Office, P.O. Box b 911, Martinez, California, 94553. 14 LNDAS. T S Court Investigator County of Contra Costa Superior Court H• ; �•� W`4a AFI{;r•,._-,-...-'cT ' C(i UN'� SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA 725 Court Street MARTINEZ,CA 94553 Jill C.Fannin Judge of the Superior Court Department 21 November 20, 2006 Cheryl Jackson 1512 Alexis Court Antioch, CA 94509 Contra Costa Juvenile Case No. : MSJ04-00462 Dear Ms. Jackson: I have received your letter dated October 10, 2006. 1 am sorry,but I am unable to discuss the case with you. There is a hearing scheduled in this matter on February 20, 2007 at 8:30 a.m. in Department 58. You may appear at that hearing and address your concerns then. Sincerely, JFANNIN . Judge of the Superior Court CONFIDENTIAL REPORT DATE: 23"JUNE 2005 TO. Linda Mills, CPS Fax No.: Cc: K Marsh, CPS Supervisor FROM: Cheryl Shepard Jackson, maternal grandparent/guardian Mianya Alexia Marie Thomas, Case No. Since Mianya (nickname Anna) Thomas was placed in my home back in December 2004, I have witnessed her grow in strides. She of course yet experiences anger and rage, she is showing signs of settling down to a more structured environment and absolutely loves and adores school and learning. When she first came in my home she awoke every night crying and screaming "the ants are biting me." She had eczema so bad that she scratched all of the time. Since adjusting her diet to more vegetables,fresh fruit and lean meats she seems healthier. I give her warm baths with baby oil and use lotions and olive oils after the bath and the rashes are all cleared. She also no longer needs the prescribed cream cortisone medication prescribed by her doctor. I have almost cut most sweets and candies since her dentist visit revealed approximately eight (8) cavities. She had to undergo light surgery and obtain a root canal and have silver to cover her cavities. She however,yet endures nightmares and awakes me several times in the night crying and screaming regarding defendant, Gary Bailey. I of course awake and sooth her with hugs or strokes her head and reassure her that am there and she is OK. She continues to go to therapy at the Lynn Center with Karrie Armstrong, and Karrie also comes out to the home weekly to visit Anna and L She has helped us immensely. As we discussed previously by telephone, I do not believe in corporal punishment. Parents, who did not believe in spankings, my dad obtained his doctorate in psychology/English, and my mom had several years'college majoring in business, raised me. They were avid teachers— with strong belief in verbal instruction and communication with their children. The both encouraged truthfulness,proper English, respect of one another, especially respect to adults/elders. I'd like to believe that I possessed those same parental qualities Page 1 of 1 CONFIDENTIAL when I raised my children. I may have used corporal punishment only after much teaching, correcting, time-out, restriction, etc., and you could count on two fingers maybe the times I gave corporal punishment to my children. During our conversation,you mentioned that Maya said she received many spankings almost daily. I spoke with Maya later and asked her why did she say I spanked her much. She responded that she never reported such. I believe you had a conversation with Mianya several months ago, and asked her if I was spanking her. I believe she said that I was spanking her. I believe that she gave an inaccurate response by saying that I spanked her much. I do not revert to spankings, I have had to pat her on the rear end to get her to get control and stop damaging furniture, stop destroying her room, etc. However, since you advised that I could not use any type of corporal punishment, I have not, and would not jeopardize losing Anna. There was an occasion when she was standing on the arm of a kitchen chair reaching for scissors about to fall, I was on the phone and reached over tapping her on the arm with a pencil trying not to startle her and make her fall Mianya jumped down and screamed that I spanked her. I tried to explain to her that that was not a spanking, but she insisted that I spanked her. There were other times, in front of both daughters, when I asked her to put something down and she refused, so my daughter said "grandma said to put that down,"and tried to get it from her, again she starting screaming "ouch that hurts, I am bleeding!!" We all looked at each and told Mianya to stop implying that she was hurt and bleeding. There is still another time, when Karrie (Anna's Therapist) and there was again an incident when Anna expressed when I was trying to take someone from her that I'd hurt her (under the watchful eye of Karrie). I did not hurt her and Karrie counseled her (Karrie explained tome in a therapist way, that maybe to Anna, I was hurting her. Karrie believes that it is something else, an underlying issue that Mianya is trying to express. Linda, everyone knows for certain that I have been but an ADVOCATE for my granddaughter, and I would do absolute anything to ensure that she is safe, happy and healthy child. For the record, I never thought that I could have a stronger love for my children; however, the love that I have for my grandchildren is still stronger On one of our shopping expeditions, Mianya had taken an item from the store without paying. I had not discovered the item until we were home. I lectured Mianya, and we returned the item and paid for it and she apologized and promised never to take or steal anything. . Page 2 of 2 CONFIDENTIAL Pre-School; PACE; Ballet;Hobbies & Other Activities After much endurance,I finally got Mianya in Pre-School at Bidwell—Kid's Club. Mianya thrived in school and excelled I met with her teacher Ms. Marcie and got an outstanding report of her progress She graduated last Wednesday, June 15'h2005. Maya attended and has her "certificate of completion'. I have attached a copy of her school report and criteria of kindergarten enrolment. Mianya is striving in Pre-school. I met with Ms. Marcie two (2) weeks ago. She believes that Mianya is gifted; she reported that Mianya learned everyone's name within two days. And for the short time that she has been in school that she has excelled more than some students that have been therefor one year or more. I have sent applications for "child-care"to Richmond, but I have not heard from them. I have had Anna for approximately seven (7) months, and yet not received assistance to get her more schooling. I submitted an application to "Little Promises" Christian Center School Kindergarten program. I was advised to request from you an application for the PACE scholarship application to pay for first year of Mianya's school. You advised me that you had never heard of that program, so I went on line to research the PACE program. PACE stands for Professional Association for Childhood Education Alternative Payment Program, "Improving the Quality of Life fox Families and Children. This program gives first and foremost priority to children under CPS. For your record,you can contact them at 1 (800) 541- 9922, the program is located in San Francisco. I faxed the application Thursday, June 16m, (copy attached); I will contact them soon to find out if Mianya will be approved I had enrolled Mianya in Ballet at the Rivertown School in Antioch. The girls went on the road doing competition and the school was closed several_weeks, so I plan to re-enroll her, she did great with Ballet, Jazz and Tap Dance. Back in April I took both Thomas children to met with Doctors (attached news article) that were in San Francisco conducting a "book signing': I purchase books for the children. Rushawn Thomas received a signed book "We Beat The Street'; three Afro-American young men beat the odds and obtained good grades in school and became doctors. We promised to share the book with his teacher and class the next day. Later in the day, we went to Oakland, to the Marcus Book store were the famous director Spike Lee's wife was promoting a new book. I Page 3 of 3 CONFIDENTIAL purchased her book "Please Baby Please';for Mianya,Mrs. Lee signed a special autograph for her (attached copy). We all had a lovely very exciting day that ended with dinner at Denney's. I continue to read to Mianya, allow her to work math problems, work flash cards to improve memory and phonics. Mianya gets plenty of exercise playing in the backyard riding her bike, scooter, playing mini golf. She also plays in the front (under adult supervision) of the house riding on the cal-du-sac. Some days, we pack the cooler with snacks and drink and enjoy a day of recreation at the community park. She also enjoys attending to our garden off lowers, tomatoes, and bell peppers. Mianya had a great weekend of her birthday with her mom and dad and brother at "Chunky Cheeses'Pizza Parlor." I need support to get to the bottom of why I am not hearing from the education system regarding childcare. I would like to go back to work part-time. Monthly Visits Linda, I have from the very beginning, informed you of my "open door"policy when you needed to visit Mianya. I have nothing to hide, no boyfriends, no shady friends, nothing that would endanger my "babies". My grandchildren have never witnessed me with a male friend, and if I met someone, I am not sure if I could get serious and consider marriage. I do understand that you need to inquire with Mianya in private to ensure that she is ok. However, I do not understand you investigating me with the child. As aforementioned, I have been the child's advocate. I have never been charged nor convicted of a felony, nor have I ever endangered or harmed a child. I have fought to get her in school,AND fought to get CPS to rescue the child from that pedophile that molested her. If the child had been properly interviewed when there was a report made, I am certain that Mianya would not have endured physical and emotional trauma at the hands of that pedophile. I have been enormously offended and humiliated at your questions to my granddaughter. With regards to the last visit you had with Mianya at her school. I was informed the day when you paid her a visit at her school, that Mianya was extremely upset, and she cried stating that she did not want to talk to you and that she was tired of all your questions. Page 4 of 4 CONFIDENTIAL Ms. Marcie (Mianya.s teacher) informed me that you came to her classroom, conducting an interview asking questions. When Mianya began to cry,you and she and Mianya went to another room. Mianya continued to cry and use her l words expressing that she did want to answer any more questions, that her grandmother did not spank her. Ms. Marcie continued to say that she thought that the meeting should be discontinued since it apparently upset Mianya so very much. I was told that Mianya expressed that she was scared of you and your cane. She did say that she thought the meeting with Mianya was "inappropriate"and had disrupted the entire classroom and the program. The children are taught to use their words and express their feelings. Apparently, Mianya used her words, and was direct in saying that she did not want to talk, but apparently her wishes were ignored She additionally said that Mianya was upset in class the rest of day. I was additionally informed that they (the teachers) might have had the other children's parent question them as to what had happened in class. I was told to contact Mianya's counselor and your supervisor. When I spoke with you by phone,you informed me that there was nothing inappropriate in nature about you interview with Mianya and that you spoke with Ms. Marcie and that what I was told was not the truth. I in turn called Ms. Marcie the next morning and apologized if I had misconstrued the incident. Ms. Marcie replied, that I had taken nothing out of context, and that when she spoke with you she told you that she did say that she thought the interview was inappropriate and she said she would most definitely inform me again. I would also like to add that after Mianya met with you; her behavior went from bad to incredible worse. Instead of waking up twice a night, she would awake five to six times in the night screaming and crying. Referrals I have utilized the Mobil Response Unit referral when she, Mianya has been enraged and gotten out of control. We, Kerrie Armstrong, (Lynn Center Therapy), Jennifer, Betty and Alexander (Mobile Response Unit'-Seneca in Martinez) have all met regarding Mianya's treatment We have also met with Ronnie, the counselor who will conduct TBS (Therapeutic Behavioral Support) with Mianya and L I am not certain if we will need to do TBS, I got Mianya a "kitten"and the both seem great for each, and I spend extra time with Mianya talking to her and making sure that she understands my love for her, but at the same time the need for her to work with Page 5 of 5 CONFIDENTIAL for her. I called and spoke with the receptionist, Cheryl, and she confirmed that there was an appointment for the patient. The surgery went fine, she had a root canal and seven (7) cavities were fixed with silver caps. To date, I have not heard from the childcare workers. Mianya loves interacting with other children her age and loves educational settings. I have diligently been pursuing schooling for her, the few weeks of pre-school for only three (3) hours per day were not enough since she had not had any school prior to that. I am attempting to enroll her in "Little Promises"Christian School in Pittsburg. The staff informed of the PACE scholarship program, and they told me to contact you for additional information. As aforementioned, when I began to research the PACE program on the Internet, this program states they work with CPS agency. However, when I inquired about this program,you informed me that you have never heard of this program. I believe that it is vital that Mianya get all of this assistance that is available for her. I recently spoke with Maya and she informed me that she met with you and that it is no longer necessary for her to have supervised visits with the children. If this is true, I need to be notified I have been placed guardian over Mianya and it is my responsibility to ensure that she is safe. Maya has also said that you have authorized her to pick up Mianya on Wednesday, and take her to her therapy appointment Again, I have not been informed of this change. Maya has planned a trip to Santa Cruz with the children and says that you have authorized the trip and that the children can be in her care for the weekend Linda, if this is true, why have you not communicated this with me? I have always been hospitable with you and tried to make you feel comfortable when you have visited I am not sure why you choose to make visits with Mianya at other places other my and her home. I feel humiliated, disrespected and left out of the loop with you communicating with my daughter and not informing me of changes. If I did allow the child to go with the parent and it was not authorized, I would most definitely be trouble. I do not intend to allow anything happen to a child left in my care, not on my watch! I take my responsibility for children very serious because the proper care of children is crucial. I received a belated "Mother's Day"card from my secret pal in church. I have attached a portion of the letter written to me describing the "sense of safety"written on the face of my grandchildren when they are with me. The card and letter were encouraging and uplifting to know that people observed one of my goals to provide for any child in my care, their safety and security. Page 7 of 7 CONFIDENTIAL me when it is time to go to bed, have a meal,get dressed for school, behave in the store when we are shopping, cleaning her bed room, bath-time, etc. Linda,I also go the extra and give extra hugs, and let her know how dear she is to all of us. My relationship with Maya has greatly improved. I had to undergo minor surgery and have a biopsy. Maya pitched in assisted like a champ! She spent the night, assisted with housework, and spent much time with Mianya reading, bathing, dressing and meals. She continues to assist in many ways. Because I have had tremendous family support, and Mianya's attitude and behavior has improved, I choose not to utilize TBS support. In addition, the information received from the TBS counselor, and Karrie (Le., withholding special toys when she misbehaves; special treats and stickers at the end of the day when Mianya has displayed good behavior; etc.) it was no longer necessary to have a counselor spend hours within the day in my home working on Mianya's behavior. With family support, and a new playful kitten, the atmosphere in my home has been a lot less stressful. To conclude, I have utilized referrals provided by you. I have learned much from the counselors. However, the communication between you and I have broken down. Mianya has been in my home for approximately seven (7) months. The first two months I received no financial support for her. You informed me that I would need to reapply for CAL WORKS on Delta Fair, in Antioch. That reapplication was extremely stressful for me and the three (3) children in my care. Several reps, in Social Services and Foster Care that I was eligible for Foster Care benefits, informed ma I contacted Maya's social worker—I was informed that there was no information in the computer regarding the Thomas children being removed from the home (that data remained for several months). Finally, Maya's social worker approved Mianya's benefits. However, I was yet informed that she was eligible for Foster Care. When I would inquire with you, your response was that I was not eligible and that in the future, to have these social workers contact you and you would tell them that I was not eligible for foster care benefits. Apparently, I was eligible for those benefits and have began to receive the benefits. I have been responsible with regards to taking Mianya to and from doctor and dentist's appointments. On a day in April I called in your office to check in with you,per your request. I informed you that the child had many cavities, which would require surgery. I gave you the dentist's name and number(s) (to verify). Apparently, some misinformation was given (not on my part) and you called back leaving a message that the dentist's office had informed you that they had never heard of that patient(Mianya) and there was no scheduled appointment Page 6 of 6 CONFIDENTIAL It is clear that I have been left out of`your"new actions, I would like to request that should the (and once again, I have not been made privy to your reunification plan) reunification plan for the children to return with my daughter and their mother not go as planned, I want to be considered caretaker for both children. These children have been through hell emotionally and I do not believe that foster care with strangers would be in their best interest. Back in March 2005, Mianya began to cry and expressing that no one wanted her and subsequently had asthma attack that evening. I took her to the emergency room and have since reassured her that I want her and loved her more than anything. Both of the children do not sleep very well. When I checked on Rushawn at school, his teacher and counselor informed me that he falls asleep on the bus and.in class. When he was asked does he sleep at home in the night, his comment was that he was scared and avoided to go asleep due to nightmares I have in contact with Mianya's therapist who was also not made aware of any changes with respect to unsupervised visits, and unsupervised trips. It is evident that there are communication breakdowns and a failure to advise of important changes with directives. I believe for the best interest of the children and so that everyone is on the same page, there needs to be a meeting to include management. And once again, should issues not go as planned, I would like to request an administrative meeting for a motion requesting legal guardianship. We should continue to remain focused on why Mianya was originally removed from her home. I want to ensure that my daughter is honest in not continuing to communicate with Gary Bailey. It would be tragic if the children were returned home and he (Gary Bailey) returned and continued to abuse and sexually exploit Mianya. I want to go record urging the courts to continue with action to ensure Bailey will not return to the home and continue to abuse and exploit my loved ones. Hopefully, Maya, Mianya and Rushawn will`continue to get the necessary counseling and guidance needed to overcome the atrocious events inflicted upon them at the hands of Bailey. Crsj/attachments Page 8 of 8 I \ Cheryl Shepard Jackson • 1512 Alexis Court Antioch,CA • 925.706.8777 .fats' ' 'ttal ale To: K.Marsh,CPS Supervisor Fax: 925.646.2790 Contra Costa County CHILDREN& FAMILY SERVICES From: Cheryl Shepard Jackson Date: July 1,2005 Re: Linda Mill's Meeting on Wednesday, Pages:5 June 276'and letter of June 296'2005 CC: B.Hinton,Esquire D Urgent O For Review ❑Please Comment ❑Please Reply ❑Please Recycle Ms Marsh,Iaam writing with regards to several issues regarding the meeting with Ms.Mills and my daughter and the Thomas children and her letter of June 29h and the report/fax I sent June 246' -copied t you. Ms.Marsh I am not certain where or when communication began to break down but it has always been my endeavor to work with CPS concerning the welfare of my grandchildren.I have always had an"open door"policy,inviting Ms.Mills to stop my home without calling,and would follow any and all policy and procedures set forth by the department. Approximately two weeks ago,Maya informed me that she was no longer required to have supervised visits with the children and was allowed to take the children for the 46i of July weekend. I was not informed by Ms Mills of the changes and told Maya that I could not release Mianya without approval from the department. Ms.Mills did however call the day before Maya was to get Mianya to inform me of the change. I called Ms.Mills Wednesday to talk with her regarding Maya's visits and broken promises. There have been many times that Maya would . . . . . . . . . . . . . . . . . . . . . . . . . . . . promise to come and visit Mianya and would not show nor call and instead of preparing Mianya for her visit we would just wait and see if Mom would show. Her non-shows were so often that Mianya's comments were,"Grandma,guess my Mom just broke her promise again,Huh?" Of course Mianya would become a little upset,so I asked Ms.Mills to encourage Maya to choose days of the week and keep her commitment and visit Mianya. I additionally said that Maya tried to say that there was a problem with coming to my house,I would leave my home,allow them to have the entire house,what ever they needed,I just wanted Mianya to see her mom more often and be a happy little girl. Ms.Marsh,I have and will bend over backwards to get along with my daughter Maya. Approximately ninety-five(95%)percent of the time she does come over to my home,we laugh and talk or watch T.V.,or she will wash her SUV,but we do not fight. I informed Ms.Mills that Maya asked to borrow my new expensive vacuum cleaner. I was reluctant but allowed her to take my vacuum cleaner. Needless to say,I would ask for the vacuum cleaner,but she would not bring it back. Instead of insisting the return of my vacuum,I just told her to keep it as a gift and brought another. The evening when Maya and the children came back home,I was informed that Ms.Mills told Maya that I called to report that she had not been visiting Mianya. We did not argue,I just explained that I was not trying to cause trouble for her but I wanted Mianya to get better emotionally. I explained that Mianya loves her dearly and how happy she is when she visits. The two weeks that I underwent a biopsy,and Maya came by to help,Mianya improved greatly.Maya understood my explanation and went on to say that during their meeting with Ms.Mills,that Ms. Mills spelled my first name out C H E R Y L is the only problem(or trouble)with this case(or something to the effect causing trouble for the children's Mom)! And according to Maya,my grandson,Rushawn replied,"you mean my grandmother Cheryl?" Maya said Ms.Mills replied to the children"Your grandmother Marlene is a nice person." According to Maya,Rushawn asked "are you talking about my grandmother Cheryl?" And purportedly her comment was"your Cpsfax.sup#2 grandmother Marlene is a nice person." I tried not to show how hurt I was that someone had spoken ill of me to my grandchildren,but Ms.Marsh,I was hurt. As a matter of fact,the next time I saw Rushawn,he just looked at me and stared,he did not even speak. Usually,he runs up and hugs me and kisses me,he will ask how am I doing and upon leaving,he kisses me and tells me he loves me and misses me! If something negative was said during this meeting,I do not consider this teamwork or professional. On the day Maya was leaving with Mianya for their appointment with the therapist and Ms.Mills, I gave Mianya a hug and told her that she was going to see Kerrie and to see Ms.Mills. Mianya smiled when I mentioned Kerrie's name and started to whine and cry when I said she was going to see Linda. I spoke directly to Maya and told her that IF Mianya started to cry and did not want to talk to Linda(like she did at school)then request to see the supervisor,and that Mianya could talk to the supervisor. What I said,was IF Mianya was crying and having a fit,then she did not have to talk to Linda. In Linda's letter of June 290'to me regarding her having said that I told Mianya that she did not have to talk to Linda,there was no mention of what Maya said to Linda. Maya said that she corrected Mianya comment—and Maya relayed what I actually said. There was no mention in the letter of Maya's comment. I would never tell the children not to talk to CPS. On the contrary,I have always told Mianya to talk truthfully,openly and honestly. But for some reason,after Mianya had met with Linda,her behavior changes,she cries,her nightmares worsen. Mianya has said that Linda questions her about me. Does your grandmother have a boyfriend? Does your grandmother spank you? I do neither!! I do not think that my grandchildren can process me or picture me with a mate,they have never seen a man(or anyone else)in my bed. I honestly think that Mianya may get offended at the questions presented to her. Like reported by her teacher,Ms. Marcie,when Ms.Mills came to her class to interview her,Ms.Marcie told me that Mianya cried and stated she was scared and she was tired of answering questions about her grandmother. Cpsfax.sup#2 With regards to the TBS referral,around the time the referral was approved,I underwent a biopsy (small growth on my foot—melanoma),and Maya and my family gave great support. During this time and now,Mianya's behavior has improved and we no longer go through rage tantrums. I spoke with Kerrie Armstrong,Mianya's therapist at the Lynn Center. Ms.Armstrong informed me that Linda said there was a problem with me not returning phone calls. Ms.Marsh,this is brand new news to me. I return every telephone call placed by Ms.Mills. A recent telephone call placed by Ms.Mills left on my voicemail,she wanted me to call TBS,I listened carefully and thoroughly to hear a message regarding a change in visiting policy or a request for me to return her telephone call. I am not certain why Kerrie was told that there was a problem with me not returning telephone calls,but I would most definitely return a call and I call and check in with Ms. Mills as she has requested,in addition,I willing typed a synopsis/report and overview of Mianya's stay with me along with copies of her school report,etc. Ms.Mills telephoned me yesterday to schedule a meeting on Tuesday,July 26'2005,at 11:00 a.m.for me to meet with you and her. I know that Ms.Armstrong has been requesting to meet with you both and I desired a meeting as well. I asked if Ms.Armstrong would be present,however,Ms.Mills said that she would not be present and that the meeting would not be appropriate for Ms.Armstrong to be present. Ms.Marsh,I am not certain why there has been the breakdown in communication,if I have contributed in anyway,my honest apology. I believe that I have distributed a professional attitude and respect toward all—I would do anything and follow-through on policy and procedure to ensure my granddaughter's well being and safety. One reason that I wanted Ms.Armstrong present was her input regarding Mianya's version of a spanking. I do not spank Mianya.And my daughters and Kerrie have witnessed how Mianya will state that someone hit her(when in fact she was not hit)and she will cry,and she then gets an out pouring of attention. I know that she needs attention,and even if she is acting out in the middle of Cpsfax.sup#2 the floor screaming and kicking,I will pick her up and hug her to let her know that I understand and I love her.It is my endeavor to obey ALL rules/laws,if corporal punishment is not allowed,I WILL NOT DO IT!! What I will do is utilize"time out",no TV.or per TBS,take her toys and she must earn the privilege to play with those favorite toys. Ms.Marsh,I look forward to meeting and working peacefully through any potential problems to ensure that the issues regarding this case flow smoothly. I know your time is valuable and I appreciate your wisdom and input regarding this case. If you require any additional information,please do not hesitate to call me. Thank you. Cr1CffY R11�7 . Cheryl Jackson • 1512 Alexis Court Antioch,CA 94509 • (925)706.8777 facsnvleft, �nsmitttall To: Valerie Earley,Director of CPS Fax: 925.313.1575 From: Cheryl Jackson Date: 12/14/06 6 Re: Mianya Thomas Pages: 4 CC: ❑ Urgent ❑For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • f' • 7" . Ms.,Earley; l� .a '1 wastold atIthe"Fair Hearing"yesterday that employees are never to give`verbal"denial of benefits. It,was ordered that I am to receive an application to apply for DOC benefits for my granddaughter,Mianya Thomas. On several occasions,I would request a form and was denied each/time. First I was told by the worker that I was not eligible to receive benefits and then back in Sept.2006,1 met with the worker and her supervisor and the supervisor told me that the child jdid not fit the criteria to receive benefits. Practically everything that I have asked for the child I was told that the benefits were not available,including"foster care"benefits until finally I was give an application,and the child was eligible. I have attached a letter addressed to the presiding judge in department 21. 1 was extremely disappointed that I missed the hearing. The worker knew that I would be present and also knew that I had three children to drop off at school and childcare,I was approximately ten(10)minutes late. There are two crucial matters surrounding my granddaughter and grandson's case that I feel were handled very poorly. The first interview'conducted by CPS worker of the child in the home where there was a complaint of sexual abuse—the case was closed with no further follow-up. The molestation continued and she was returned. The perpetrator was ordered to stay away,but did not,instead he badgered the child to recant her story and called her a snitch and almost succeeded. Several times she was left in a home where there was an obviously sick and very violent individual resided and continued to stalk this family. The children were removed and my granddaughter was placed in my home and my grandson was placed in his paternal grandmom's home. The children see each other often. I discovered that the ex-boyfriend had called the paternal grandmom's home threatening the child. The worker was notified as well as a police report made. To date,nothing has been done about this guy threatening to kill this child. The Antioch police were awaiting for the worker to call to inform them that there . . . . . . . . . . . . . . . . . . . . . . . . . . . . is a"stay away order"in place to protect the children. The only thing we grandmothers were told by the worker was to change our telephone numbers. This guy Bailey should have been jailed a long time ago. He is in custody now for a violent act against store clerk and carry a weapon. Ms.Earley,what I am hoping for is that not another child falls through the cracks. I believe with all my heart,that because the child was left in the home and initially interviewed in the same house with the perpetrator in the next room,and then the case closed—molestation escalated to another level. • Cheryl Shepard-Jackson 1512 Alexis Court Antioch,CA 94509 • (925)706.8777 home (925)727.7957 cell , facsimilebm,, ynuttal F b ' To: Steve Pieabler Fax: 925.646.2790 From: Cheryl Jackson Date: , 2 C Re: Memo of Linda Mills&other pages: CC: Valarie Earley 0 Urgent ❑For Review ❑Please Comment ❑ Please Reply ❑Please Recycle • / t • Dear Mr.Pieabler: • • • • • • • My apology iii taking larger than anticipated in sending this fax as promised,thowever,there have been some issues that have / /-- taken up my time., f rrOt with Ms.Mils and her supervisor Melissa on S 6°i at your offices in Martinez,direr following j courtregarding auardiar��ship of Mku". I was somewhat upset that W.M&allowed the court to proceed witho t notifying the court that I was on my�wray. I arrived approkimately 1015 minutes late(Ms.Mills was aware that I had to drop off three children at school and daycare),and court case for Monya was already over. Anyway on that day I met with CPS workers to discuss my concerns and to solicit heap for a three(3)year old toddler,named Thomas. Thomas went to the same daycare as my grandson, Samuel.�T Thomas had a severe black and blue eye,the bruises were horrifying,and there were no e)pla rations as to how this child ,-received," eceived,"injuries. I attempted to tell Melissa and Linda about the child—and they wrote down a telephone number and gave to me to call and report I knew frost hand that it takes a time for a worker to get out and check on a child and 1 knew personally how CPS had dropped the bal in my family cases. I was hoping that t could get help for Thomas earlier. Well Mr.Piieabler,Thomas is dead. His furwal is Fray. I and other parents knew that there was something seriously wrong. Thomas sustained another black eye approbmately three(3)weeks later. Last week he had a large bruise of tis forehead(I understand that according to parents that he sustained that bruise due to playing Superman and fop. I and other parents do not believe ll Within fire(5)maitihs,Ihs baby sustained three(3)awful injuries to his head. Mr.Pieabler,I and other parents met with the detective in charge of Thomas' case,and we all noticed a stack of CONFIDENTIAL REPORTS sent to the Contra Costa Child Protective Services. We do not know who made those reports,but we know that repots were made to CPS regarding baby Thomas. We parents are devasted to know that Thomas'death could be prevented. Steve,when I first got the news,I cried,almost like it was my grandson. This Gide boy would have reminded you of a Pierce Bronson and was full of love,a6ays giving hugs-and showing his toys. I would give him attention about his bruises,and practically every morning he would stow me his"bo bo." One parent saw black and blue bruises on his back and side. Something shad have been done Steve,I wish there was something that 1 could have done to help. The daycare cert brought in a specialist to speak with the toddlers in Thomas class lo try to help them process their grief. Believe me, all of those children are suffering,,just how do you explain to a 2.3 year old death of their classmate? I already knew that Thomas and my grandson Samuels best friends—every marring when Sam would be dapped off,when I'd give Sam a hug,I'd give Thomas a hug. Steve,they are trying to say that this child was over active,always getting into trouble, always injuring himself, but we never saw it I would sit in the class during mealtime and watch them play in the playground,and I never say this child jun WV and playing more than the artier children. The severe bruises that I saw were so very horrible that my gut feelings told me that a man had to be hitting this child,and with all of his might I also discovered that Thomas sustained a huge art in the back of head,purportedly,he bumped the back of his head when he went under a coffee table and tried to stand up. He sustained several ditches to dose the wound. I have seen children go under tables and try to stand with great farce,and did not even sumer a bump. I tried to souk help for Thomas—I knew that if someone did not get to tum soon,that the bruises would go away and/or theme would be another story as to haw he got arose injuries. I believe with all of my heart that it is abnormal for any three year old to obtain severe injuries to the head back to baric in such a short of time. Arid now this three year old is dead,never to enjoy life. This child was also in speech classes—I commented to another parent,that it seerned that cold may have been rorrnal at but,but he may have mined so many*ries that it messed up his speech. I ww71 be aitendng his funeral on Friday,I am so hurt that we could not get help for this child. Something needs to be done to help these children,these deaths have to stop! Now with regards to the memo sent by W.Mills,she conveniently made mention about corporal punishment,but she dad rat mention tow the report came about Early in the year ROM Linda made a horse visit to seen Mianya. I have always had an"open door"policy with Linda,allowing her to come over anytime wWW telephoning fast,and on this day my grandson told Linda"Manya ads up with my grandma,that she yells at my grandma,stomps up the stairs,slams her bedroom door and messes up her room tossing things in the room,and my gramma will go up stairs and whop her" 1 telephoned Ms.Mills lata'and responded in writing that as a rule I do not believe in spankings. My dad had his doctorate in psychology and did not believe in spanks,neitlher did my mother. However, when I was a child,I rid receive a spanking from my matemal grandniotw along with a long talc why she was correcting me.. But as a rule,I was rat brought up in a house where we children received spankings. It is sort of common knowledge that in the afro American home, spankings were usually the way children were corrected. So like 1 explained to Linda,I do rot usually resort to spankings to correct my children. I will talc to coned over and aver again,I have a time-cut bench,I will take the television away. I have had problems with Manya stealing from two stores,and I corrected her by taking her back to the store, apology for taking W#xx t paying and having her pay for the items with her allov ante,and then she was riot allowed to watch television. The second time I spoke with a worker about the children is when my gram spoke with a counselor and repeated what he had said to Linda.We were interviewed and to my knowledge everything was ruled fine. It was also reported by my grandson that he had too many house chores that he had to do yard work and laundry. V\/hen the worker came to my house,I was outside mowing the lawn,and doing Ito yard work. I explained that I would never allow the children to use a lam mower,but they have asked to help water the plants and grass. I have tried to teach them how to fold the dothes when 1 remove the dothhes from the dryer,but 1 do all of the housework. The or*y thing I want the dht'en to do is keep thea bedrooms treat(after i dean the bedrooms weekly),help pick up their toys throughout the house,and I ask my grandson to help with taking out the garbage.I do not believe that teaching children how to be tidy is abuse,and the worker agreed. The worker that I met with said that she did rot beieve the story about having too many chores,but she had to dheck into the case anyway. Everyday we do approximately one hon'of homework and read. I have attached Mhanya's progress report,she is doing absolute great it school and her goals are to be a pediatrician and Dorian. I am very proud of her academic goals,haevevw,her behavior at home is still somewhat out of control. I am working with her therapist and we are working toward her progress. I believe that Undds meetings with Manya have been counterproductive After Linda would meet with Mianya,Mkanya's behavior would be aggressive,and she disphayed aftmety. As I reported previously when Kenya was in preschool,Linda went up to her sdrooi,and according to the teachers,Mianya used her wards telling Linda,"1 told you my grandma does riot have a boyfriend,and she does riot spank me,and I do not want to talk anymore'"The teacher said that Linda continued to push her instead of carting the interview shot 1 called Linda and wwote a memo to ter supervisor. Steve,I do not have a social fife edw than going to church and to classes—I have an exampleto display before my gtariftildren. I did riot appreciate this worker drilling this chid. And I do not know what Linda had told Me",but MiarWs behavia'had become awfil. For example,Manya is my mothers favorite great granddaughter,and my mom Carreto visit and tried to verbatlycorrect Mianya,and Mianya responded something like"1 do rot have to listen,and rry worker said that no one had better hit me art"will get in trouble! Needless to say,my mom was offended and I 1 P we discussed that this worker was saying things that she should not After my telephone call with Linda back when she had Wormed me that I could riot instill any type of corporal punishment,Mranya's behavior was way out of control. I had tD call the MOBILE RESPONSE TEAM(1-80x543-1599) and I would have to call Mrarrya's therapist(Lynn Cer>fer)te make house caps just to get control of Menya. Steve,there were times when I would ask Kanya to do something,and she would not move,and I would attempt to take her by her an and she would scream,stop,you are hurting mel THIS BEHAVIOR WAS WITNESSED BY THE THERAPIST AND A COUNSELOR FROM MOBILE RESPONSE UNIT,AND THEY WOULD TALK TO MIANYA AND SAY SOMETHING UKE WIANYA,YOUR GRANDMOTHER IS NOT HURTING YOU,NOW DO WHAT WE ARE ASK NG.A It was explained that Mianya was trying tD get attention—I know that Linda was aware of this behavior, and she should have interacted with Kanya's counselors and therapist and me,that would have more productive. One time I was driving and Mianya began to throw a tantrum,kicking me in the bads,pulling my hair and sipping me. I had to pull over and cap Mobile Response—they came out to where I pulled over and talk to Mianya. Steve,can you irnagina,having tD tall the poke for a fire(5)year old? I had never had that problem with my granddaughter prior to Linda. It seemed lice Linda had gnren Kanya a Carte Blanc to act out and disrespect. I have been Mianya's protector,and I blew the whistle and gat her out of harms way. I am positive that Mianya feels segue and very safe with me,she has total trust in me. When she fust carne she was so apprehensive,and afraid that I would leave her and she woad only sleep directly next to me in the night She continues to awake seal times in the night and came into my room to check and see if I am at home. I have decorated her bedroom in angels and she has so very rrumy toys,it is ridiculous. Like I have noted in my reports to CPS,Miarrya has been in dance classes,and received he yellow bell in Martial Arts,and Belshaw EWn>eMary school recently gave out special awards to students,and Kanya is one of those students that received an award for oulstanding vrork Steve,Kenya is a handful,but I love her and would and have laid down my fife for her,I want the very best for her and hopefully she will get over this trauma of sexual abuse. I know first hand that if she does not,she may make wrong d *;es in life—I do not wart that for her. Hopefully,with the help of the therapist,and much prayer,the outcome will be positive. 1 dose by saying that I believe that some of Linda Mills actions have been personal and power plays.She tries to indicate that she is so concerned about her welfare,but when I have asked about any benelits,she has always denied us verbally.. 1 dose by saying that I wish CPS would consider allowing the Thomas children to we their mother. Steve those children adore their mother. I rover knew that there was a court order about visitations and that the children could ordy see their mother once a month. U da knows that these children cry for their mo#w—and it appears that denying children the privilege of seeing their moaner is abuse. One of the last telephone eorwmations that I had with Linda Mills,(and the patemW grandmothet)there was concern that my daughter would bring her boys over at one of the visits and that there was no protective ordert irnfomned Linda that t took my daughter to court(to give moral support and protect her from Gary Bailey)and the judge granted a Restraining Order(Bailey was presort at court). Bailey was persistent in trying to cortac t my daughter,which CPS should have taken into aonsidoration with the children and at the time the children visited with their mother,Bailey was h airs"at the Santa Rita jai. There was no pant danger. According to Unda Mills,that was her concern for the children,that Bailey would have access to them. I am not stupid,and would never subject my children to danger. Like I have reported to the court and CPS,if Urda Mile was so very corrcemed for the children's welfare,why did she not provide a photograph of Gary Bailey to Wins.Thomas,and why did she not work with the Antioch Pdice and try to issue a warrant for his arrest when he telephoned my grandson and 1hreaftned him? CPS had issued a STAY AWAY ORDER, demanding Bailey to stay away from the cthikiren,and Bailey had full kwvAedge of that order. The reason the Thomas children were originally taken out of their home was due to Gary Bailey,my daughtees boyMend who was beating her in front of the children,and sexually molesting Mlanya The children's mother was s ilbring under the"battered woman's syndrome,"and i believe that she is making a full recovery. Cheryl Shepard-Jackson 1512 Alexis Court Antioch,CA 94509 • (925)706.8777 (925)727.7967 �,---- �`-(�--1-� 1.,�,-�. f ., � --a-•--��-------� lacsi lle rru al:- _ 4 To: Valerie Earley,Director of CPS Fax:' 925.313.1575 From: Cheryl Shepard-Jackson Date: 315/07 Re: Pages: 6 au, u, S CC: Duane G.Henry Attorney at Law ❑ UWt ❑For Review 0 Pease CommentOplea"�R/eply ❑Please Recycle CGU 044 . Dear Ms.,Earley, Attached please,find�a fax previously sent to Mr.Steve Peavler. I received a telephone call last week from Debbie Moss;who informed that Mr.Peavler passed away. I am so very sorry to hear about the company's loss. I had v spoken,with him a couple of times and had actually begun to get concerned when I had not heard from him regarding my,correspondence. My attorney advised me to call Mr.Peavler and Linda Mill's supervisor Melissa Connolly regarding a meeting regardingbenefits available to my granddaughter—practically two and a half years after coming into my home. I -a eassage on Melissa's voice mail to advise me of the meeting. Also my mother had some genuine concerns and called Melissa to discuss those concerns. One of those concerns is that word had gotten back to her regarding Ms.Mills statements that she was refusing to stop working as my granddaughter's social worker,and was angry about my correspondence to management,and that she would not rest until she had taken my granddaughter out of MY home. During my conversation with Melissa last Friday,we discussed some of my concerns. My mother had informed me that she began to explain to Melissa about my granddaughter's negative behavior and difficult attitude. My mother said that Melissa replied,I did not know about that and that she would talk with Linda Mills. When I brought that part of the conversation up to Melissa I expounded about having to call the Mobile Response Team to assist me with getting control of my granddaughter. I went on to expound how difficult my granddaughter would become if I'd ask her to go to her room,who she would stomp up the stairs,slam her bedroom door,and throw items against the door or wall.I continued to inform her how if my granddaughter would go to her bedroom,she would scream and cry for more than an hour. And if anyone of the adult family members(aunt,great-grandmother)would correct Mianya would boast and brag that no one could touch her because her worker(Linda)had said that no one could hit her. I had shared how Mianya would continuously get into items that would stain our,carpet and damage walls. I had tried to talk to Mianya numerous,numerous time,and she would defiantly continue to do what ever she wanted. Melissa Connolly's comments regarding my conversation were rather shocking. Her response to Mianya's comment to adult family members about no one could touch her,was,"Good for Mianya,she is displaying good self esteem, and she should say that!" My gut feelings were correct when I'd commented in my correspondence about her worker telling her how to react to adult family. Melissa went on to say,"that I,my mother(Mianya's great- grandmother)and my daughter need to learn another way to deal with her! My comment was"You mean to say, that if my granddaughter is misbehaving and I ask her to go to her bedroom for a timeout,and she refuses,standing on the stairs screaming and throwing a tantrum,that I cannot go to her and take her by her arm and direct her upstairs? Melissa commented that I could carry her up to stairs and leave her in her bedroom. Melissa also began to comment that all children slam their bedroom doors,break things,and get into nail polish! I have dealt with a lot of children,I am the oldest of eight children and assisted with them all,I have three grown children and seven grandchildren and have cared for countless children and all children do not slam doors, purposely break things,and get into items that they have been repeatedly told not to touch and then damage property. My mother is the mother of eight,grandmother of 26,and great-grandmother of 25. She also cared for many children in the Contra Costa County,and there has never been a complaint regarding the care of children. I had my ten-year-old grandson for the first four years of his life,and recently had custody of my eight and three year old grandsons,and there has never been a problem. I discussed Melissa's comment with a close sister in my church,and family members about the good self esteem part of the conversation and that how good it was for Mianya to say that no adult could touch her,and reaction was shock and disbelief. I received only one spanking from my grandmother and she would talk to me about how much she loved me and that she needed to correct me while I was young,because if I would get out of control as an adult,and the police became involved using physical force,they might hit me and beat and not care where they hit me nor how hand they'd hit me. I try to read books and articles about child rearing and there was an article in the Contra Costa Times recently about disciplining children,and actually the jury is still out deciding about whether or not corporal punishment is good discipline for a child. A part of the article read that there was a family of children that were never disciplined (corporal)and all of those children had been trouble with the law and were on drugs. Social workers need to take into account that they are dealing with a wide diversity of cultures with various religious beliefs. Most Christian beliefs consists of corporal discipline as outlined in the Book of Proverbs and I believe that the U.S.laws instructs parents and grandparents that they can use corporal punishment with an open hand applied on the child's rear end. I believe that there is a great difference between abuse and corporal punishment(corporal punishment may only be applied if a child has been taught over and over again and fully understands why they are being disciplined). And first and foremost,corporal punishment should be used if you fully love your child. I will stress again,I love my granddaughter unconditionally,and I share in future goals of a higher education,college and graduate school and her dreams of becoming a pediatrician --I have small talks with her about waiting to have boyfriends until she is in college,I want the very best for her. However,as I was taught by my grandmother,about the Ten Commandants,and the commandment that reads"Honor your mother and father,for this is good in the sight in the Lord,and that your days on the earth may be well." Ms.Earley,I did not understand workers instructing children such and it seems that that strategy serves to set family members up against one another. If a worker thinks that there is a problem,then talk to the adult,but they should not be sabotaging family dynamics—everyone does not have the same management style,but,my management style g q 5 does not mean that I do not love my child,nor does the style mean that the child is being abused. I mentioned before that the worker(s)did not communicate with the child's therapist,or the teachers at the homework club/childcare facility,to get a clearer picture of what is really going on. My granddaughter informed us that someone came to the school and checked her body for marks,and of course there are no bruises or marks,because I do not abuse my child. We believe that this continues to be of retaliatory nature. I mentioned in one of my correspondence to management,that I tried to get help for a child in my grandson's childcare class. This child came to school back in September with a black eye,and with another black eye several weeks later—I attempted to get Linda and Melissa involved back in September and they instructed me to telephone the complaint. We had the child's funeral in January and all of the parents still grieve for the three year old. Please advise,I am tired of the allegations and harassments,and I look forward to going on with life. Thank you for your time and attention. "V Co 0A Cheryl Shepard-Jackson • 1512 Alexis Court Antioch,CA 94509 • (925)706.8777 home (925)727.7957 cell _^_--"'^--T^'+—^^^F -r--•----c*+m —,o.•+-.,�-r-.— «-r ..-.. � ,�....,.^"8'e'r---°""a- r� f ^a 8 4 RS��,�, �" Pr To: Steve Pieabler Fax: 925.646.2790 D �' 1 From: Cheryl Jackson Date: 1/25/07 IP6 Re: Memo of Linda Mills&other __ Pages:5 CC: Valle Earley UIQ EAr? 1 17Please eplj/ 0 Weamm r. -7 KS roc Di�r Mr.Pk tiler: My apology in talar bnger than anticipated in sending this fax as promised,however,there have been some issues that have < -talo up my fime..I met with W.Mills and her supervisor Melissa on September eat your offices in Martinez,directly following .court regarding guardianship of Mianya. I was somewhat upset that Ms.Mins allowed the court to proceed without notifying the ;~ court that I was on my .way. I arrived approbmately 10.15 minutes late(W.Mills was aware that I had to drop off three children at \� school and daycare),and court case for M'ranya was already over. Anyway on that day I met with CPS wafters to discuss my concerns and'to.sore help for a three(3)year old toddler,named floras. Thomas wit to the same daycare as my grandson, / Samuel Thomas had a severe black and blue eye,the bruises were horrifft and there were no explanations as to how this child Gia carvedthe'injuries. I attempted to tell Melissa and Linda about the chid—and they wrote dawn a telephone number and gave to me to call and report. I knew first hared that it takes a time fora worker to getout and check on a ch5d and I knew personally how CPS had dropped the bal in my family uses. I was hoping that I could get help for Thomas earlier. Well Mr.Pieabler,Thomas is dead. His funeral is Friday. I and other parents knew that there was something seriously wrong. Thomas sustained another black eye approbmately three(3)weeks later-. Last week he had a large bruise on his forehead 4 understand that according to parents that he sustained that braise due to playing Superman and fell). I and other parents do riot believe itl Within fere(5)months,this baby sustained three(3)awful injuries to his head. Mr.PieabW,I and other parents met with the detective in charge of Thomas' j . lose,and we all noticed a stack of CONFIDENTIAL REPORTS sent to the Contra Costa Child Protective Services. We do not know who made those reports,but we loran►that reports were made to CPS regarding baby Thomas. We parents ane devasted to know that Thomas'.death could be prevented. Steve,when I fast gat the news,I cried,almost like it was my grandson. This little boy would have reminded you of a Pierce Branson and was full of love,akeys giving hugs and stowing his toys. I would give him attention about his braises,and practically every morning he would show me tis'bo bo." One parent saw WE&and blue bruises on his back and side. Something should have been done.Steve,I wish there was something that I could have dome to help. The daycare center huxj t in a specialist to speak with the toddlers in Thomas'class to try to help thein process their grief. Believe rno, all of those children are suffering,just how do you explain to a 2-3 year old death of"r classmate? I already knew that . Thomas and my grandson Samuel's best Mends—every morning when Sam would be dropped off,when I'd give Sam a hug,rd . . I give Thomas a hug. Steve,they are trying to say that this child was over active,airways getting into trouble, always injuring himself, but we never saw it I would sit in the class during mealtime and watch them play in the playground,and I never say this child jLmrping and playing mare than the other children. The severe bruises that 1 saw were so very horrible Ural my gut feelings told me that a man had to be hitting this child,and with all of his might. I also discovered that Thomas sustained a huge cut in the back of head,purportedly,he bumped the back of his head when he went under a coffee table and tried to stand up. He sustained several stitches to dose the wound. I have seen children go under tables and try to stand with great force,and did not even sustain a bump. I tried to solicit help for Thomas—I knew Drat if someone did riot get to him soon,that the bruises would go away ardlort'hene would be another on as to how he got those injuries. I believe with aft of my heart that it is abnormal for any three year old to obtain severe injuries to the head back to back in such a short of time. And now this three year old Ls dead,never to enjoy tile. This child was also in speech classes—I commented to another parent,that it seemed that cold may have been normal at birth,but he may have obtained so many injuries that it messed up his speech. I well be aftending his funeral on Friday,I am so hurt that we could not get help for this child. Something needs to be done to help these children,these deaths have to stop! Now with regards to the memo sent by W.Mills,she conveniently made mention about corporal punishment,but she did riot mention how the report name about.Early in the year Q�Linda made a home visit to seen Mianya. I have always had an"open door"policy with Unda,allowing her to come over arhytime vuitlhout telephoning first,and on this day my grandson told Luria"Mianya acs up with my grandma,that she yells at my grandma,stomps up the stairs,slams her bedroom door and messes up her room tossing things in the room,and my gramma will go up stairs and whop her." I telephoned Ms.Mft later and responded in writing that as a rule I do not believe in spankings. My dad had his doctorate in psychology and did riot believe in spanks,neither did my mother. However, when I was a chid,I did receive a spanking from my maternal grandmother along with a long talk why she was correcting me.. But as a Puke,I was not brought up in a house where we children received spankings. It is sort of common krm�that in the afro American home, spankings were usually the way children were corrected. So like I explained to Linda,I do riot usually resort to spankings to correct my children. I WR talk to corned over and over again,I have a time-out bench,I will tale the television away. I have had problems with Wonya stealing from two scores,and 1 corrected her by taking her back tin the stere, apology for taking without paying and having her pay for the items with her allowance,and then she was riot allowed to watch tern. The second time I spoke with a worker about the children is when my grandson spoke with a counselor and repeated what he had said to Linda.We were interviewed and to my knowledge everything was ruled fine. It was also reported by my grandson that he had too many house chores that he had to do yard work and laundry. When the worker came to my house,l was outside mowing the lawn,and doing the yard work I explained that I would never allow the children to use a lawn mower,but they have asked to help water the plants and grass. I have tried to teach ttiom Crow to fold the clothes when I remove the domes tram the dryer,but I do all of the housework The only thing I want the children to do is keep their bedroorns neat(after I dean the bedrooms weekly),help pick up their toys throughout the house,and I ask my grandson to help with taking out the garbage.l do not believe that teaching children how to be tidy is abuse,and the worker agreed. The worker that I met with said that she did not believe the story about Craving too many chores,but she had to check into the case anyway. Everyday we do approximately one hour of homework and read. I have attached Mianya's progress report,she is doing absolute great in school and her goals are to be a pediatrician and Iberian. I am very proud of her academic goals,however,her behavior at hone is sell sornewhat out of control. I am working with her therapist and we are waling toward her progress. I believe that Linda s meetings with Mianya have been counterproductive.Live. After Linda wwotW meet with Mianya,Mhanya's behavior woad be aggressive,and she displayed anxiety. As I reported previousy when Wenjo was in preschool,Linda went up to her school,and aocording to the teachers,Mianya used her wads telling Unda,"1 told you my grandma does riot have a boyfriend,and she does riot spank me,and I do not want to talk anymore!"The teacher said that Linda continued to push her instead of cuting the interview short. I called Unca and wrote a memo to her supervisor. Steve,I do not have a social life either than going to church and to classes—I have an example to display before my grandchildren. I dud not appreciate this worker drilfirg this child. And 1 do riot know what Linda had told Mianya,but Mianya%behavior had become awful. For example,Mianya is my mothers lavorite great- granddaughter, reatgranddaughter,and my mom came to visit and tried to verbally oared Mor ya,and Monya responded something tike"i do not have to Osten,and my worker said that Pio one had better hit me or they will get in trouble." Needless to say,my mom was offended and a� s� we discussed that this waiter was saying things that she should not Atter my telephone call with Linda back when she had informed me that I could not instill any type of corporal punishment,MiarWs behavior was way out of control. I had to call the MOBILE RESPONSE TEAM(1-801}b43-1599) and I would have to call Miarrya's therapist(Lynn Center)to make house kalis just to get control of Mianya. Steve,there were times when I would ask Mianya to do something,and she would not move,and I would attempt to take her by her arm and she would scream,stop,you are hurting me!THIS BEHAVIOR WAS WITNESSED BY THE THERAPIST AND A COUNSELOR FROM MOBILE RESPONSE UNIT,AND THEY WOULD TALK TO MIANYA AND SAY SOMETHING UKE WIANYA,YOUR GRANDMOTHER IS NOT HURTING YOU,NOW DO WHAT WE ARE ASKING" it was e)q*ined that Mianya was trying to get attention—I know that Linda was aware of this behavior, and she should have interacted with Miarrya's counselors and therapist and me,that would have more productive. One time I was driving and Mianya began to throw a tantrum,locking me in the back,pulling my hair and slapping rune. I had to pull over and loll Mobile Response—they name out to where I pulled over and talc to Mianya. Steve,can you imagine,having to call the police for a five(5)year old? I had never had that problem with my granddaughter prior to Linda. it seemed Ike Linda had given Mianya a Carte Blanc to act out and disrespect. i have been Mianya's protector,and I blew the whistle and got her out of harms way. I am positive that Mianya beLs seams and very safe with me,she has total trust in rune. When she first carne she was so apprehensive,and afraid that I woad leave her and she would only sleep directly next to me in the n#t.She continues to awake several times in the night and carne into my room to check and see g I am at home. I have decorated her bedroom in angels and she has so very many toys,it is ridiculous. Like 1 have noted in my reports to CPS,Mianya has been in dance classes,and rived he yellow belt in Martial Arts,and Belshaw Elementary school recently gave out special awards to students,and Minya is one of those students that received an award for outstanding work. Steve,Mianya is a handful,but I lave her and would and have laid down my life for her,I want the very best for her and hopefully she will get over this trauma of sexual abuse. I know first hand that if she doe's not,she may make wrong choices in rife—I do not want that for her. Hopefully,with the help of the therapist,and much prayer,the outcome well be positive. 1 dose by saying that I believe that some of Linda Mills's actions have been personal and power plays.She tries to indicate that she is so concerned about her welfare,but when I have asked about any benefits,she has always denied us verbally. I dose by saying that I wish CPS would considw allowing the Thomas children to see their mother. Steve those children adore tier motw I new knew that there was a court order about visitations and that the children could only see their mother once a month. Linda knows that these children ay for their mother—and it appears that denying children the privilege of seeing thew mother is abuse. One of the last telephone conversations that I had with Unda Mills.(arid the paternal grandmother)two was concern that my daughter would bring her boyfriend over at one of to visits and that there was no protective ori. I unformed Linda that I took my daughter to court(to give moral support and protect her from Gary Bailey)and the judge granted a Restraining Order(Bailey was present at cont). Bailey was persistent in trying to contact my daughter,which CPS should have taken into dation with the children and at the time the children visited with their mother,Bailey was in custody at the Santa Rita jail. These was no present danger. According to Unda Mills,that was her concern for the children,that Bailey would have access to them. I am not stupid,aro would n evw subject my children to danger. Like I have reported to the court and CPS,N tondo Mills was so very cormemed for the children's welfare,why did she not provide a photograph of Gary Bailey to Mrs.Thomas,and why kid she not work with the Antioch Police and try to issue a warrant for his wrest when he telepdwned my grandson and lhnmliened him? CPS had issued a STAY AWAY ORDER, demanding Bailey to stay away from the children,and Bailey had full knower of that order. The reason the Thomas children were originally taken out of their hone was due to Gary Bailey,my daughter's boyfriend who was beating her in front of the children,and sexually molesting Mranya. The children's mother was suffering under the"battered woman's syndrome,"and I believe that she is making a full recovery. Steve,if you require any additional information,please do not hesitate to call me. I hope that my writing is clear and you understand what I have tried to communicate,I AM BROKEN HEARTED to say the very least,I need to make arrangements to attend a funeral—this will be very hard,I have never attended a toddler's funeral. I hope that CPS does some reorganization and changes,to intercept tragedies like this and others. I know that everyone is awaiting the final autopsy report,but,we parents believe with all of our heart that Thomas'death was not natural. Y Cheryl Shepard-Jackson 1512 Alexis Court Antioch,CA 94509 • (925)706.8777 (925)727.7967 ,.�, -,_. ._�..�.k• <' "'d v.� s -m$^mss 7, -Y ty To: ;*Valerie Earley,Director of CPS Fax: 925.313.1575 From: Cheryl Shepard-Jackson Date: February 2,2007 Re: Linda Mills Pages: ' CC: Honorable Judge—Department 58 M5, !l ❑UWtt ❑,For Review ❑Please Comment !Please Reply ❑ Please Recycle r rl''Dear Ms.Earley, As you ar eprobably aware,for the past two(2)years,I have had grave concerns and complaints regarding my grandchildren's CPS worker,Ms.Mills. I have recently been speaking with the department,manager,Steve Pieabler. I sent a response to Linda Mills December 2006 memorandum to the Judge in department 58—Ms.Earley,the memo was extremely misleading and full of untruths. Like I mentioned before,Ms.Mills is on a retaliatory mission! I had also Jrequested that Mr.Pieabler please remove Ms.Mills as the case manager and the reasons are as �outfin ed in the fax. It is apparent that my concerns and request has fallen on deaf ears and completely ignored. Ms. Mills went to Mianya's school this week and pulled her out of class for an interview. That was one of my concerns that Ms.Mills had continued to take the children out of their classes. The teachers,the children have both complained that Ms.Mills is disruptive causing the children to have to miss vital assignments and have to make-up assignments on the bench later in the day. Absolutely no parent/caregiver would appreciate their children missing school—I had attached Mianyas'Progress Report. I had been informed by other workers and child professionals that they do not usually conduct interviews with children in their schools--because it is usually embarrassing for the children as well as academically disruptive. It's been proven that Ms.Mills' interview skills are not appropriate. I believe that I failed to mention that when she interviewed my grandson back in November 2006,when he called me to say that she was trying to put words in his mouth,that she later went to his home after hours and in him that she was not trying to put words in his mouth. She did not try to explain that maybe she was trying to pry to see if there was something really wrong,but just demeaned him by saying that she did not do that.That . . . . . . . .. . . . . . . . . . . . . . . . . . . 0 0 was an intimidating visit! She had been dealing with him for more than two years,and he is ten (10)years and an intelligent child and knows if someone is trying to put words in his mouth. We have bent over,backwards with Ms.Mills,she had alternative places to meet with Mianya,and she could have gone to the YWCA in Antioch,and not pull my child from class. I have met with out attorney and informed him about Ms.Mills's practices and gave him copies of all the correspondence sent to CPS. I also informed him about how Ms.Mills would not provide a photo of Mr.Bailey and how she did not get back with the Antioch Police to inform the police about the stay-away order,so that the police could possibly issue a warrant for Bailey's arrest for calling Rushawn threatening him. If Ms.Mills were sincere about the children's safety,why would she refuse to assist? Certainly assisting with the children's safety is Ms.Mills'job,Bailey was the reason the children were removed and he was the one that hurt them physically,mentally and emotionally! Another statement noted in Ms.Mills's memo to the judge read that she informed at that meeting about the visitations with the mother. She did not inform me of that visitation,as a matter of fact,after the guardianship,I asked Ms.Mills if I could call her later,and she replied,"why would you need to call me?" I reminded her of that comment,and of course,she denied that she ever said that! Ms.Earley,I really hope and pray that there will be positive changes within CPS upon your arrival and that workers will take their responsibilities to protect our children to heart—I realized yesterday while meeting with my attorney that if the first CPS worker that interviewed Mianya regarding the sexual abuse had researched that pedophile's past would have discovered Bailey's other victims—thereby removing her out of harms way,getting medical assistance. But,CPS did not,I took on that responsibility taking her to two(2)different hospitals,and making a report to the police. That is what CPS should have done,and did not! That is my heart's cry and I hope that conduct of CPS workers does not continue. To date,my granddaughter continues to cry throughout the night,sometimes screaming out Gary's name and awaking the entire house. AND, had CPS taken to heart the cries regarding baby Thomas Joyner,maybe he might yet be alive,and maybe Bailey would not have committed much more damage to Mianya. Cheryl Shepard-Jackson 1512 Alexis Court Antioch,CA 94509 (925)706.8777 (925)727.7967 facsimile ftmsmittal To: Steve Pieabler,Dept.Manager of CPS Fax: 925.646.2790 Administration Department From: Cheryl Shepard-Jackson Data: February 23,2007 Re: Telephone Calls over the Weekend of Pages: 4 February 17'h—1 9'h 2007 CC: Duane G.Henry Attorney at Law ❑ Urgent ❑For Review ❑Please Comment ❑Please Reply ❑Please Recycle Dear Mr.Pieabler; I have sent several correspondences to your office regarding my concerns and complaints regarding my granddaughter's social worker,Ms.Linda Mills. I have not heard back regarding my concerns and have awaited to hear back. I requested a social worker replacement and to my knowledge,my attorney,Mr.Henry had informed me that CPS does not usually replace social workers in sexual molestation cases. I have sent several correspondences regarding complaints from other professionals about inappropriate interviews conducted by Ms.Mills and her insistence on snatching my granddaughter out of class to be interviewed. There are other places that she could conduct an interview,but continues to railroad our wishes and does what she pleases. On Tuesday,February 20`x,we had court,I had to bring my granddaughter because she started to have asthma flair-ups and needed med treatments,so I brought her with me. I was awaiting outside of the courtroom and I noticed that Mianya began to squeeze my hand and started to crouch behind me as if she were trying to bide. I asked her what was wrong and she said that she was cold,but when I looked across the hall,I noticed Ms.Mills looking our direction. It was very disturbing to see my granddaughter behavior as if she were frightened and confirms my suspicion that Mianya is extremely uncomfortable with Ms.Mills. As I stated in previous correspondence to the department,my grandson,Rushawn and Mianya have repeated complained about Ms.Mills, and Rushawn complained that Ms.Mills has tried to put words in his mouth and to date will not interact with Ms.Mills. Mianya complains after every interview that she is tired of Ms.Mills (apparently,Mianya has been threatened with being taken away from me),that Ms.Mills Page 1 of 4 embarrasses her in school taking her out of class. As I noted that Mianya's teacher complains that the interviews are very disruptive to say the least.I'm certain that others would not appreciate their children's education being interrupted and their emotions upset throughout the day. I believe that I noted my granddaughter's academic goals for the future include going to medical and working as a librarian.Those goals are down the road and in the distant future,but it expresses Mianya's feelings about her education—I actually stress on a daily basis to all of my grandchildren that their education is most important along with good behavior. It bothers me that my wishes are being completely ignored. Contrary to Ms.Mills belief about me,I love my granddaughter greatly and desire the very best in life for her. Approximately two weeks ago,I placed a telephone call to Melissa,(Ms.Mills supervisor) I left a message asking if the department could help me with the carpet in Mianya's room. Since Mianya came to live with me in 2004,she has managed to get into nail polish several times causing much damage. I invested in an expensive steam carpet cleaner to clean my carpet at least every other month because my carpet is snow white. Around 2005,Mianya managed to get red nail polish and polish her nails and tried to hide the polish under the couch. I discovered it and along with my neighbor and friend and her two daughters scrubbed the stains out with large bottles of acetone and clean the carpet,luckily the stains came out. I discussed this with Mianya's therapist and Linda Mills,their suggestion was to put nail polish up,out of her reach. I also have to put away markers that she had managed to stain furniture and the carpet. I had also asked Mianya's mom, Maya,to please do not send nail polish and markers in presents that she would send to Mianya. Christmas,Mays sent Barbie packages with nail polish,sparkled lip gloss,colored sill putty,and other products that caused stains Mianya's bedroom carpet. I was only asking if I could get some sort of help with getting the red stains out in the bedroom. The department did not get back with me to answer my question—But,someone called me and informed me that it had been said by Ms.Mills,that I was requesting the department to buy all new carpet for my house. The carpet in my house is practically brand new,and basically in good condition because I take good care of it,insisting that everyone take off shoes before walking and I shampoo the carpet regularly. How in the world could a simple telephone inquiry get miscommunicated? And it does not seem professional for a social worker to discuss that issue with anyone else without even calling me to clarify my request? Purportedly,I was told that there was a discussion about me wanting my granddaughter only for the money that I was getting for her. That is the greatest insult that I have received thus far. I want my granddaughter first and foremost because she is my granddaughter,and I love her dearly, and I want most of all to make sure she is safe,feed,nurtured,and have a feeling of true security. It took a long time to gain her trust that I would not drop her off with someone and leave her—she totally trusts me. She use to awake numerous,numerous times through the night and awakes once Page 2 of 4 or twice but still manages to come to my bedroom and sleep near me. I have put all social life on hold and would do that again if Mianya needs me. I have voiced complaints about benefits that I have inquired about for my granddaughter. Like aforementioned,I was denied foster care benefits,and later received the benefits after social workers and others told me that we were entitled to those benefits,but Ms.Mills repeated told me that we were not eligible. For two years 1 asked about DOC benefits(once again,social workers and therapist advised me that we were entitled)finally,the appeals department demanded that the department send us an application. According to the children's paternal grandmother,Ms.Mills told her that I was offered all the benefits that she was given,but I refused everything. First,why is Ms.Mills discussing my case and our differences with anyone else?And those statements were not the truth. and I do not understand Ms.Mills discussing those matters with anyone else. Telephone Calls This past weekend prior to court,I received other very disturbing telephone calls from people reporting conversations they had with Ms.Mills. I was told that Ms.Mills is angry with me for sending faxes to the department regarding my concerns and that she was not getting off my granddaughter's case as her social worker until she has taken my granddaughter out of my,home! The person that told me that information also said that Ms.Mills has been trying to take Mianya out of the home for sometime now. My granddaughter was placed in my home November 2004 up to this date and she has improved greatly! Apparently Ms.Mills commented that she believes that Mianya is being verbally and emotionally abused. Ms.Mills apparently called my daughter's friend Richard and asked him if he thought that Mianya was being abused? Why would she ask someone who has seen Mianya only about twice? And it was also said that my daughter and I did not like Ms.Mills. This conversation between a social worker and someone who has only met my granddaughter twice does not seem professional From the very beginning that Mianya was placed in my home,I have desired to become a team player in the children's case to begin the healing process. We've have not arrived 100%,but healing is on the horizon. Mianya's teachers,at school and at the YWCA,work with me on helping Mianya. Mianya has two teachers at the YWCA who talk with Mianya about her negative behavior when she sasses me or acts as if she is ignoring me when I ask her and her cousins to get their coats so that we could go home. Mianya's therapist,Dr.Phillips is especially aware of various behaviors and works with me as a team player. Mianya is a great child and extremely bright—but mornings and bedtime had been horrible. Two weeks ago when we met with Dr.Phillips,I had an idea that has proved very valuable. I Page 3 of 4 suggested to Dr.Phillips about gospel/positive music to play for Mianya in the mornings and evenings,instead of cartoons. Dr.Phillips suggested going to GRACE Bible bookstore in Antioch. I went to the store while Mianya met with Dr.Phillips and purchased two children's CDS. Prior to waking the children for school and at bedtime,I play these great gospel tunes that are sung by children for children(the songs have positive lyrics lifting the spirit)getting the children(and me)ready for the day. I could not put in words how happy it has made me to see Mianya in her bedroom singing and dancing and smiling as she gets dressed and prepares for the day. I would have to report that prior to those changes,awaking Mianya in the morning,bedtime and if I had to ground her and send her to her bedroom,it was horrible. Although Mianya is six years old,she would cry and scream and through tantrums for hours. Mianya's paternal grandmother says that she informed Ms..Mills that Mianya will cry and cry and scream for hours and is extremely loud. I was informed that there is an investigation underway and this is why court was continued. I do not know what is going on but would like to be advised. I close in saying that it was very disturbing to see Mianya dodge and hide behind me when she saw Ms.Mills. It is additionally disturbing to know that Ms.Mills is boasting to other people that she refuses to get off the case until she removes the child and places her in a home that she has already chosen(this is not the first time that I have heard that Ms.Mills has another home for Mianya)and all of the telephone conversations that she had with others regarding this case. We all have rights under the law and those rights should be preserved and protected—I would like to request a hearing with the department manager(s)and have my attorney present. Page 4 of 4 Cheryl Shepard-Jackson 1512 Alexis Court Antioch,CA 94509 (925)706.8777 (925)727.7967 facsimile ftmsmittal To: Valerie Earley,Director of CPS Fax: 925.313.1575 Administration Department From: Cheryl Shepard-Jackson Date: February 23,2007 Re: Linda Mills Pages: If 1 CC: Duane G.Henry Attorney at Law ❑Urgent !B'For ftvlew ❑Please Comment ❑Please Reply O Please Recycle Dear Ms.Earley Qc3 0 I have sent several correspondences to your office regarding my concerns and complaints regarding my granddaughter's social worker,Ms.Linda Mills. I have not heard back regarding my concerns and have awaited to hear from Mr.Pieabler,the department manager. I requested a social worker replacement and to my knowledge,my attorney,Mr.Henry had informed me that CPS does not usually replace social workers in sexual molestation cases. I have sent several correspondences regarding complaints from other professionals about inappropriate interviews conducted by Ms.Mills and her insistence on snatching my granddaughter out of class to be interviewed. There are other places that she could conduct an interview,but continues to railroad our wishes and does what she pleases. On Tuesday,February 20'x,we had court,I had to bring my granddaughter because she started to have asthma flair-ups and need med treatments,so I brought her with me. I was awaiting outside of the courtroom and noticed that Mianya began to squeeze my hand and started to crouch behind me as if she were trying to hide. I asked her what was wrong and she said that she was cold,but when I looked across the room,I noticed Ms.Mills. It was very disturbing to see that behavior and confirms that Mianya is very uncomfortable with Ms. Mills. As I stated in previous correspondence to the department,my grandson,Rushawn and Mianya have repeated complained about Ms.Mills,and Rushawn complained that Ms.Mills has tried to put words in his mouth and to date will not interact with Ms.Mills. Mianya complains after every interview that she is tired of Ms.Mills(apparently,Mianya has been threatened with l � being taken away from me),that Ms.Mills embarrasses her in school taking her out of class. As I noted that Mianya's teacher complains that the interviews are very disruptive to say the least. Approximately two weeks ago,I placed a telephone call to Melissa,(Ms.Mills supervisor) I left a message asking if the department could help me with the carpet in Mianya's room. Since Mianya came to live with me in 2004,she has managed to get into nail polish several times causing much damage. I invested in an expensive steam carpet cleaner to clean my carpet at least every other month because my carpet is snow white. Around 2005,Mianya managed to get red nail polish and polish her nails and tried to hide the polish under the couch. I discovered it and along with my neighbor and friend and her two daughters scrubbed the stains out with large bottles of acetone and clean the carpet,luckily the stains came out. I discussed this with Mianya's therapist and Linda Mills,their suggestion was to put nail polish up,out of her reach. I also have to put away markers that she had managed to stain furniture and the carpet. I had also asked Mianya's mom, Maya,to please do not send nail polish and markers in presents that she would send to Mianya. Christmas,Mays sent Barbie packages with nail polish,sparkled lip gloss,colored sill putty,and other products that caused stains Mianya's bedroom carpet. I was only asking if I could get some sort of help with getting the red stains out in the bedroom. The department did not get back with me to answer my question—But,someone called me and informed me that it had been said by Ms.Mills,that I was requesting the department to buy all new carpet for my house. The carpet in my house is practically brand new,and basically in good condition because I take good care of it,insisting that everyone take off shoes before walking and I shampoo the carpet regularly. How in the world could a simple telephone inquiry get miscommunicated? And it does not seem professional for a social worker to discuss that issue with anyone else without even calling me to clarify my request? Purportedly,I was told that there was a discussion about me wanting my granddaughter only for the money that I was getting for her. That is the greatest insult that I have received thus far. I want my granddaughter first and foremost because she is my granddaughter,and I love her dearly, and I want most of all to make sure she is safe,feed,nurtured,and have a feeling of true security. It took a long time to gain her trust that I would not drop her off with someone and leave her—she totally trusts me. She use to awake numerous,numerous times through the night and awakes once or twice but still manages to come to my bedroom and sleep near me. I have put all social life on hold and would do that again if Mianya needs me. I have voiced complaints about benefits that I have inquired about for my granddaughter. Like aforementioned,I was denied foster care benefits,and later received the benefits after social workers and others told me that we were entitled to those benefits,but Ms.Mills repeated told me that we were not eligible. For two years I asked about DOC benefits(once again,social workers V and therapist advised me that we were entitled)finally,the appeals department demanded that the department send us an application. According to the children's paternal grandmother,Ms.Mills told her that I was offered all the benefits that she was given,but I refused everything. First,why is Ms.Mills discussing my case and our differences with anyone else?And those statements were not the truth. and I do not understand Ms.Mills discussing those matters with anyone else. TeleRhone Calls This past weekend prior to court,I received other very disturbing telephone calls from people reporting conversations they had with Ms.Mills. I was told that Ms.Mills is angry with me for sending fasces to the department regarding my concerns and that she was not getting off my granddaughter's case as her social worker until she has taken my granddaughter out of my home! The person that told me that information also said that Ms.Mills has been trying to take Mianya out of the home for sometime now. My granddaughter was placed in my home November 2004 up to this date and she has improved greatly! Apparently Ms.Mills commented that she believes that Mianya is being verbally and emotionally abused. Ms.Mills apparently called my daughter's friend Richard and asked him if he thought that Mianya was being abused? Why would she ask someone who has seen Mianya only about twice? And it was also said that my daughter and I did not like Ms.Mills. This conversation between a social worker and someone who has only met my granddaughter twice does not seem professional. From the very beginning that Mianya was placed in my home,I have desired to become a team player in the children's case to begin the healing process. We've have not arrived 100%,but healing is on the horizon. Mianya's teachers,at school and at the YWCA,work with me on helping Mianya. Mianya has two teachers at the YWCA who talk with Mianya about her negative behavior when she sasses me or acts as if she is ignoring me when I ask her and her cousins to get their coats so that we could go home. Mianya's therapist,Dr.Phillips is especially aware of various behaviors and works with me as a team player. Mianya is a great child and extremely bright—but mornings and bedtime had been horrible. Two weeks ago when we met with Dr.Phillips,I had an idea that has proved very valuable. I suggested to Dr.Phillips about gospel/positive music to play for Mianya in the mornings and evenings,instead of cartoons. Dr.Phillips suggested going to GRACE Bible bookstore in Antioch. I went to the store while Mianya met with Dr.Phillips and purchased two children's CDS. Prior to waking the children for school and at bedtime,I play these great gospel tunes that are sung by children for children(the songs have positive lyrics lifting the spirit)getting the children(and me)ready for the day. I could not put in words how happy it has made me to see Mianya in her bedroom singing and dancing and smiling as she gets dressed and prepares for the day. I would have to report that prior to those changes,awaking Mianya in the morning,bedtime and if I had to ground her and send her to her bedroom,it was horrible. Although Mianya is six years old,she would cry and scream and through tantrums for hours. Mianya's paternal grandmother says that she informed Ms.Mills that Mianya will cry and cry and scream for hours and is extremely loud. I was informed that there is an investigation underway and this is why court was continued. I do not know what is going on but would like to be advised. I close in saying that it was very disturbing to see Mianya dodge and hide behind me when she saw Ms.Mills. It is additionally disturbing to know that Ms.Mills is boasting to other people that she refuses to get off the case until she removes the child and places her in a home that she has already chosen(this is not the first time that I have heard that Ms.Mills has another home for Mianya)and all of the telephone conversations that she had with others regarding this case. We all have rights under the law and those rights should be preserved and protected—I would like to request a hearing with the department manager(s)and have my attorney present. hp officejet 4200 series 4215v Personal Printer/Fax/Copier/Scanner Log for Cheryl Shepard Jackson 925-706-8777 2/22/2007 2: 12PM Last Transaction Date Time Type Identification Duration Pages Result 02/22 02: 10p Fax Sent 8251218 1 : 56 4 OK hp officejet 4200 series 4215v Personal Printer/Fax/Copier/Scanner Log for Cheryl Shepard Jackson 925-706-8777 2/22/2007 2: 58PM Last Transaction Date Time Type Identification Duration Pages Result 02/22 02: 54p Fax Sent 2538895 4: 05 3 OK Cheryl Shepard-Jackson 1512 Alexis Court Antioch,CA 94509 • (925)706.8777 (925)727.7967 •,..-4 •-,€�+--- 7�...-,..,-.,.-. ....y.�;,� , ^' -wk^--r-err- 7� . 0 i yt snle �r �nsmttal To: Valerie Earley,Director of CPS Fax: 925.313.1575 From: Cheryl Shepard-Jackson Date: 12/14/06 Re: Declaration of Cheryl Jackson RE: Pages: Linda Mills,Social Worker CPS& Thomas Children—Attached Faxes& Reports CC: Honorable Judge—Department 58 and Manager/Supervisor of CPS • • Cjunjent 17 For Review ' ❑ Ph=gCommat ' ❑ Please Me* ❑ Mease Recycle• The attached declaration serves as an update regarding several issues I have encountered with the b;•- CPS/worker,Linda Mills. I was told that I received a court order commanding that Maya Jackson IS no't to contact with her children,Mianya and Rushawn Thomas.I have looked and checked and f _ cannot locate an order stating that Maya was not allowed to see her children. I have also checked with the paternal grandmother,Marlene Thomas and she does not have an order either. I received a telephone call from Ms.Mills stating that we had a court date on Tuesday,December 19`h and it is mandatory for the grandmothers to be present. I have requested something in writing stating where,when and why. We were not given enough time to cancel appointments and make arrangement to be present. Ms.Mills knows that I have three small children that I have to take to school and childcare in the morning. To my understanding the Thomas children were removed from the home because of violence and molestation due to Gary Bailey and not due to the children's mother abusing or neglecting the . . . . . . . . . . . . . . . children. I know for certain that Maya has obtained a"Protective Order,"and is no longer in contact with Bailey. I was told that Maya had exchanged words with Linda Mills and I believe that Linda is angry due to several reasons. I have had to practically fight to get benefits for Mianya—I was told in the beginning that she was not eligible for"foster benefits"and later told that she did not fit the criteria to obtain DOC benefits. I requested a hearing and was informed by the appeals officer that the worker is never to verbally deny benefits and that I should have received an application to be submitted to the proper authorities and they would review the decision. I have spoken with Ms. Mills and told her that I believed that she was retaliating against me because I requested an appeal. I met with an appeals'representative on November I'—the representative placed an order advising the worker to send me a DOC application. I had to call the representative approximately four weeks later because I had not received to application. I finally received the application. I have received complaints.from the Thomas children,teachers and various regarding the interviews(attached the first complaint in June 2005 Report—Kid's Club Preschool)conducted by Ms.Mills. DECLARATION OF CHERYL SHEPARD JACKSON RE: THOMAS CHILDREN In November 2006, I received a very disturbing telephone call from my grandson, Rushawn Thomas. He was very upset and practically crying. He went on to say,"Grandma,Linda came up to my school today, and she kept asking me,Has someone hit you, Rushawn?" He said he told her no! Rushawn went on to say that she kept on asking—like she was trying to put words in his mouth or,something. He said that he was tired of Linda interrupting him with his class and wanted to be left alone. I spoke with his paternal grandmother, Marlene Thomas, she said that Rushawn told her the same thing,that Linda kept asking the same questions and that he felt that Linda was trying to make him say something else other than everything at home was fine. Marlene informed me that she phoned Linda and told her what Rushawn was saying. Apparently Linda's response was that Rushawn looked upset,but the school staff said that Rushawn was in good spirits until Linda came to the school and interviewed him. I had a parent-teacher conference with Mianya's teacher two weeks ago. The teacher says that when Mianya is called out of class that it has been very disruptive and that Mianya seems to be very embarrassed when the office calls her out of class over the loud speaker. Mianya has told me that she does not like it when she has to go in an office with Linda and is alone and that Linda says things like,"Mianya,now you have to say, or else you will be taken out of your grandmother's home." This is not the first time I have heard that Linda's interviews are disruptive and in appropriative. When Mianya was in preschool,I came to pick her up and she was obviously upset and the teacher called me over and told me that the social worker came to school and kept asking the same questions until Mianya began to cry and say, "I told you everything is ok with my grand mom,please leave me alone." The teacher said that the worker did not stop but kept pushing and pressuring Mianya. I had informed Mianya's therapist at the Lynn Center of what the preschool teacher had told me and they had advised me to contact the social worker's supervisor. I wrote,this in my report,but nothing had ever been done about it because apparently it is still going on: I have also told the new therapist at Amador Center about Mianya's statements and fears—they have noted the concerns. And I believe that Mianya had told her therapist about her fears and concerns about the social worker. I have also spoken with Linda Mills and advised her of how very difficult she is making it for all of the relatives. I do not know what Linda is saying to Mianya in private,however,I know that Mianya's behavior at time is overwhelming—Mianya has said to me,my mother and her great aunts, "I don't have to listen to you, and I can not get in trouble or my social worker will get 1 you." That is so sad when a six(6)year old will turn around and sass her great grandmother. My mom has eight children and forty something grandchildren and we have lost count of the great grandchildren. My mother is one of the sweetest women; sweetest grandmothers in the world and it hurt her to her heart to hear Mianya make that statement!! My mother has asked and been concerned with what message has this social worker conveyed to this child. I believe that when I submitted the report in June 2005,that something should have been done— possible another social worker or something,but to my knowledge,nothing has been done. Thus far,I was denied benefits, first the Foster Care (I was told repeatedly,I was not eligible) and I had been requesting for more than one and half year for a DOC application and had been verbally denied until now. On September 6`h I arrived to court approximately ten minutes late and the case had been heard and was over. The worker knew that I had three children to drop off and knew that I would be present and did not make an attempt to advise the court. I went to the CPS offices in Martinez and met with Ms. Mills and her supervisor. I explained my concerns and also asked expressed the critical things that I was going through with my granddaughter. The supervisor and Ms. Mills commented,"It sounds like you do not want to raise your granddaughter. " I have absolutely no idea how these workers could have interpreted such nonsense. There is no way that I was even saying such and I can understand just how these children feel with regards to putting words in ones mouth. When I enquired about DOC benefits,this time the supervisor said,"the child does not fit the criteria,"and refused to give me an application. So which is it? The caregiver is not entitled or the child does not fit the criteria? And as aforementioned,the appeals officer advised that the social worker is never to verbally deny benefits. On that same day while meeting with the worker and supervisor,I asked about calling the worker in the future for services, she replied"call me,why would you call me?"I am absolutely positive certain that she made those comments and I do not know why she later denied having said that on the telephone later—it is apparent that there is a problem. The paternal grandmother and I both remember the worker saying that she would be out of the picture soon but according to the school and teachers the worker visiting the school often. As I stated in my letter earlier,the paternal grandmother had requested a photo of Gary Bailey and that had not been provided. We made a police report regarding Bailey calling and threatening Rushawn,and there was supposed to be a protective order on the children and it"no contact"order against Bailey and still nothing has been done. As aforementioned, Gary Bailey is the original reason that the children were taken out of the home—and the focus has been taken 2 off of.him and the focus should remain on this guy—I believe that it is critical that the worker should have provided a photo of this guy to Ms. Thomas and for certain the worker should have phoned the Antioch Police and tried to get an arrest warrant against this guy when he telephoned Rushawn and threatened him—It is obviously that the worker's focus is elsewhere and not on the original charges. The Thomas children are extremely attached to their mother,Maya. Mianya will cry all night sometimes crying saying that she misses her mom. Rushawn will call me several times within a day and cry that he wants to see his mom. There is no reason why their mom cannot visit them,visit their school,or take them out for pizza. It is added burdens on the children to have their mom restricted from them. There is no reason why the children cannot met their mom at the park and spend the day with her. I have spoken with my daughter and she is attending church near my house—the church has a good children's church and the children should be allowed to visit with their mom at church. I did allow Mianya to visit with her mom after I verified that Bailey was incarcerated. Bailey was the only threat to the Thomas Children and the children's mom should be allowed to see her children and also participate in parenting classes. The following is an outline of actions denied by worker: 1. Foster Care Benefits(was denied at first,and later granted after asking several times) 2. PACE Scholarships(attempted to enroll child in Christian Private School-the staff informed me about PACE and said that CPS children had first priority)Worker stated that she had never heard of such program. 3. Preschool/Daycare(when the child first came she wanted to go to school—I checked with preschool programs and asked for benefits—the worker said that the system no longer granted money for preschool/daycare programs). 4. DOC (for more than one year and half have been denied until I requested a Fair Hearing and the appeals officer placed a demand to the worker to provide an application) 5. Summer Day Camp Program(I was advised that the child was too young and there were no programs)I personally obtained day camp at the YWCA and water camp through the Leisure Club—she had a wonderful time for one week at the water slides— we received a scholarship through Leisure. 6. Various Dance and Martial Arts Activities(I placed child in dance and Martial Arts have been told that the agency should have assisted with financial—worker knew fust 3 hand that she was in the programs and I had invited her to the child graduation, i.e.,child received her yellow belt). Please note the various complaints made about inappropriate interviews/interrogations conducted by worker. I would like to say that the interviews are not interviews but more like interrogations on these already stressed children. Interrogations are close questions that are pushed to get an "suspected"answer. I take caring for children very serious and do everything to ensure that their security is intact. I spoke with Mianya this morning while driving to school, she further stated that the worker said that she could not see her mother and that she checked with her boss and her boss said No! For a child to make adult comments like"she(Linda) said that I have to say(?)Or she will take me out of my grandma's home." And to additionally say that Linda says that if I see my mom again that she is going to take me out of my grandma's home! Those are comments that should be directed to an adult not a child! I am certain that this is why the child acts out and behavior changes for the worse after she has seen the worker. This child is dealing with enough and should not have to deal with a pushy worker that is trying to obtain information that is not there. I believe that there is a personal vendetta the worker has against my daughter and I. I also feel that there is an abusive of power. It is an extreme hardship to bring the children to the CPS office to visit with their mother there. The last time that we met at the office the Thomas children sat close together waiting and when Linda approached them she told them to come in the office. The children sat there and she commented loudly"OK,I said come on now, I am not your grandmothers." I do not trust this worker and if this worker and her supervisor tried to place words in my mouth, I could only dread what is being said alone with a child. The worker should have been replaced a long time ago when Mianya's teacher complained about the"inappropriate interview." As a matter of fact the teacher said that Mianya did not want to go in a private office with the worker and that is how the teacher witnessed the interview. Both children have comparative complaints about the worker and for certain they(the children) have not conspired because there is the preschool teacher,the first grade teacher and my interview with the supervisor and worker. I believe with all of my heart that some of the action is due to retaliation for request for a hearing and personality conflict. I have placed telephone calls and sent numerous correspondence to the attorneys,Barbara Hinton and her Supervisor,Denise Nolan at the Court street address. I have not received a telephone call nor any type or response. 4 THIS LETTER ALSO SERVES AS A DEMAND for there to be a change in workers(this should have taken place long ago with the first complaint). And that in the future, if the children are to be interview,there should be another staff present. Both children have said that they would be more comfortable with this setup. Actually,both children have said that they do not want to met with Linda anymore. They have made this request several times but I told the children that it would not be very long and we would not have to deal with her any longer This has been noted with the therapist as well. I would like managerial staff to review visitation of their mother. Both Thomas children cry very often and want to see their mother. As mention previously,there is no safety reason why the mother cannot visit in the home; go to church; go get pizza; or go to the movies with their mother. Christmas is around the corner and I know that their mother has spent a huge amount of money getting clothes,toys and various items for the children and they want more than anything to see their mother Christmas. The worker(s)know first hand that the guilty party, Gary Bailey would never even think to come over to my house or the paternal grandmother's home and risk running into the Thomas father. I should have been reimbursed for the dance and martial classes—that does not necessarily have to take place however, if the child was entitled to those serves then we should be reimbursed. I will conclude in saying that Mianya is thriving, especially in school (attached a copy of her report card). She has practically received straight A's(1'grade is rated in numbers—she received 3 pluses and 4's the teachers says that most children do not make 4's) She is the second top reader in her class and has great attendance. Last week she received awards and her academic goals are to be a Librarian and Doctor(Pediatrician)and she actually operates on a 2nd grade or higher level. Mianya adores school and this worker has been hindering her emotionally, and academically(Mrs. Deas the child's teacher stated that those interviews most definitely disrupt her class and Mianya). Mianya and Rushawn have come a very long way in life in spite of the hardships they have encountered by their mother's boyfriend and they should be allowed to grow and thrive and live as normal life as possible. I pray that you please consider my concerns and complaints and reevaluate this case. I,Cheryl Jackson declare under penalty of perjury that the foregoing is true and correct. Executed in Contra Costa County,this 10 day of December 2006. fta *V"k Cheryl Repard Jackson 5 October 19, 2006 Dear Ms. Jackson, Thank you for your note regarding Mianya's progress report. I understand your concerns regarding her grades. Please realize that these are approximate grades, based on a limited number of assessment pieces. The assessment pieces I used are listed below, along with her scores. Please keep in mind that grades are based on what a child should know at the end of the school year. Skills that have not been taught will not be scored on the report card until after they are taught. Reading— • Anecdotal reports word attack 3, fluency 3, using schema and strategies 2 • Story recall (comprehension tests taken in class)—2, 3, 2 • AR tests at grade level .5 (fifth month of 1St grade)passed with an average of 80%accuracy. Math—3+based on 3 tests scored as follows: 100%, 80%, 100% Writing—based on 3 pieces (1 narrative and 2 descriptions) Effort+, +, + Organization and focus: 2, 3, 3- Handwriting: 2+, 2+, 3 Narratives: 2 Descriptions: 3, 3- Grammar and sentence structure: 2, 3, 2 Use of punctuation: 1, 1, 2 Use of capital letters: 2, 2, 1 Spelling in context: 2, 3, 3 Mianya is a very good student, and I am sure that she will continue to grow and make excellent progress. If it helps, you may want to know that very few students receive 3s in reading or writing during the first trimester, and Mianya has already achieved this level. Based on her current learning and study skills, I am sure that she will have excellent report cards throughout the year. If you want further explanation, or want to meet before the scheduled conference time please contact me at 706-4140. If I am in class the office will take a message and I will call you back. Thank you for your continued interest and support of Mianya's education. Sincerely, Mrs. Jean Deas "+ro cc "i ' too C 9 CC 9 C N� r ,J � N '.{�. G W,•� N..� J.,'� N' A,-� Gr 1,y fr„p '"�<yry'f A d A N .. O `v IDj W.�I A w N � '. W 7 O 'N V.O A ,. 6 Q. � � •TOS. N tii iI 4tP�I<om0w�Omt�,:.a�feZ,ap°`JN'.�NNrotwiCo1 t.-m<wOOao.}r e'. dJmO"..wJnoJOmNQ. r ! ;'�`mp=',.yJGydQ ', ❑��N(-n dOJm03 d]do�mOJO �. 5 NAw�o��Ne'.aV.y�p•'.;'rcdddyNj.r:: dd7>a Ia7QdAd>N.1 ydd�w�',.':.nyNyn+,AyO WddO NoCd,f,�'odOQ�r0l1'. 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N " o, f"l :d J J J y y y..N d N 70 �41�3vr� '�'' :.)a �� E- ,..` ;� o .. 7"r� J� y m o. °�:� oo F y o m �< 3 $.o• d � c �• c .a o J, m a o f x ON RUN. WIN UN e f�" �scl rr � t1Ds �`` ' �1t �1 _ �i �.•-. ¢f,5 0� .. r � J � w w w w ..r m a 4A�i k ,�"` d. A�° 3 3A d 3 Z t Q k r$. m Ay d 'r�,�0�PP1" ad! y �✓ 'a' 4r� I 9 di a 1 � m a':� x^°' a �7 Ayyr J �' �,�' n R r�''� �• x t ,a LL 11 l _ _ _ .,._....._.. ..,,u_....,..�..� .. v. ... ._... _.___s.___ ... . ... _ ...•.._.. .... r,.oao (d Parent Report QZ� STAR Reading@:Tuesday,03/06/07,05:06 PM Test Date:3/2/07 Pagel Belsha,I Elementary School Thomas, Miafi' A. Teacher : Deas, Jean Grade : 1 Class : Deas ID 9010670 Dear Parent or Guardian Mianya has taken a STAR Reading(R)computer-adaptive reading test.This report summarizes your child's scores on the test.As with any test,many factors can affect a student's scores.It is important to understand that these test scores provide only one picture of how your child is doing in school. PR Below Average Above GE PR Range Average 50 Average IRL ZPD 1.9 64 58-68 1.3 1.9-2.9 National Norm Scores : Grade Equivalent(GE) : 1.9 r Grade Equivalent scores range from 0.0 to 12.9+.A GE score shows how your child's test performance compares with that of other students nationally.Based on the national norms,Mianya reads at a level equal to that of a typical first grader after the ninth month of the school year. Percentile Rank(PR) :64 The Percentile Rank score compares your child's test performance with that of other students nationally in the same grade. With a PR of 64,Mianya reads at a level greater than 64%of other students nationally in the same grade.This score is average.The PR Range indicates that,if this student had taken the STAR Reading test numerous times,most of her scores would likely have fallen between 58 and 68. Instructional Reading Level(IRL) : 1.3 The Instructional Reading Level(IRL)is the grade level at which Mianya is at least 80%proficient at recognizing words and comprehending reading material.Mianya achieved an IRL score of 1.3.This means that she is at least 80%proficient at reading first grade words and books. Zone of Proximal Development(ZPD) : 1.9-2.9 The Zone of Proximal Development(ZPD)is the reading level range from which Mianya should be selecting books for optimal growth in reading.It spans reading levels that are appropriately challenging for reading practice.This range is approximate. Success at any reading level depends on your child's interest and prior knowledge of a book's content. I will be using these STAR Reading test scores to help Mianya further develop her reading skills through the selection of books for reading practice at school.Mianya should also listen to books read aloud,increase time spent on silent reading,and learn how to select books for independent reading practice at home. If you have any questions about yo ild's scores or these recommendations,please contact me at your convenience. Teacher Signature: Date: Teacher Comments: Printed with Draft Mode preference off. Parent Report STAR Reading@:Thursday,03/01/07,04:37 PM Test Date:11/20/66 Page 1 Belshaw Elementary School Thomas, Mianya A. Teacher : Deas,Jean Grade : 1 Class : Deas ID:9010670 Dear Parent or Guardian : Mianya has taken a STAR Reading(R)computer-adaptive reading test.This report summarizes your child's scores on the test.As with any test,many factors can affect a student's scores.It is important to understand that these test scores provide only one picture of how your child is doing in school. PR Below Average Above GE PR Range Average 50 Average IRL ZPD 1.6 69 58-77P 1.6-2.6 National Norm Scores c Grade Equivalent(GE) 1:6 Grade Equivalent scores range from 0.0 to 12.9+.A GE score shows how your child's test performance compares with that of other students nationally.Based on the national norms,Mianya reads at a level equal to that of a typical first grader after the sixth month of.the school year. Percentile Rank(PR) : 69 The Percentile Rank score compares your child's test performance with that of other students nationally in the same grade. With a PR of 69,Mianya reads at a level greater than 69%of other students nationally in the same grade.This score is average.The PR Range indicates that,if this student had taken the STAR Reading test numerous times;most of her scores would likely have fallen between 58 and 77. Instructional Reading Level (IRL) : P The Instructional Reading Level (IRL)is the grade level at which Mianya is at least 80%proficient at recognizing words and comprehending reading material.Mianya achieved an IRL score of P.This means that she is at least 80%proficient at reading primer words and books. Zone of Proximal Development(ZPD) : 1.6-2.6 The Zone of Proximal Development(ZPD)is the reading level range from which Mianya should be selecting books for optimal growth in reading.It spans reading levels that are appropriately challenging for reading practice.This range is approximate. Success at any reading level depends on your child's interest and prior knowledge of a book's content. I will be using these STAR Reading test scores to help Mianya further develop her reading skills through the selection of books for reading practice at school. Mianya should also work on mastering basic word attack skills,listen to books read aloud,and have opportunities to read aloud to and with a fluent reader at home. If you have any questions about your child's scores or these recommendations,please contact me at your convenience. Teacher Signature: Date Teacher Comments: Printed with Draft Mode preference off. AMENDED CLAIM ' BOARD 'OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MAY Ol; 2007 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section it!��� The copy ofthis document mailed to California Government Codes. you is your notice of the action taken 2007 on your claim by the Board of Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code &4ART1NEZ CALIR Section'913,and 915.4. Please note all AMOUNT: TO BE DETERMINED UNLIMITED JURISDICTI arnings". DELORES McCRARY, DONALD R. McCRARY, CLAIMANT: DONALD D. McCRARY, DINA McCRARY AND JORDAN McCRARY ATTORNEY: ANCE,O J. COSTANZA DATE RECEIVED: MARCH 30, 2007 ADDRESS: 706 FERRY STREET. BY DELIVERY TO CLERK ON: MARCH 30, 2007 MARTINEZ, CA 94553 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk'of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN I Dated- MARCH 30,- 2007 By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: By: _Deputy County Counsel III, FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant (Section 911.3). IV. BARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:/! 4P/ 01A07 JOHN CULLEN, CLERK, By Deputy Clerk WARNI (Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so i nunediately. *For Additional Warring See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of per jury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: J JOHN CULLEN, CLERK By -Lieputy Clerk. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than sik months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Fine Sheet, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this f osasatnussepsessssassssssosasssssmesmaso..s.saasssesasssrrosessas no sass RE: Claim By: Reserved for Clerk's filin p NAR 3 0 Delores McCrary, Donald R. McCrary, Donald D. McCrary, is Dina McCrary, and Jordan RECEIVED McCrary Against the County of Contra Costa or MAR 2 9 LUU] _-Distnct) CLERK BOARD OF SUPERVISORS (Fill in the narne) CONTRA COSTA Co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$. TBD and in support of this claim represents as follows: Unlimited Jurisdiction L When did the damage or injury occur? (Give exact dale and hour) From the time Derrick McCrary was arrested by Sheriff ' s Deputy Matt cuttitta after 12:00 a.m. to the time of Mr. McCrary 's death about 3 : 27 a.m. , 3.0-1-06. 2. Where did the damage or injury occur? (Include city and county) Martinez Detention Facility, 1000 Ward Street, City of Martinez, County of Contra Costa, State of California. 3. How did the damage or injury occur? (Give full details; use extra paper if required) Please see 3. attached hereto. 4. Whitt particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Please see 4. attached hereto, 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Sheriff 's Deputy Matt Cuttitta, Sneriff ' s Deputy Cnristopner Drolette, Sgt. Straholey and approximately 5 other currently unidentified deputies . Nurse Michelle Rosalia and Nurse Monita. 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) The wrongful death of claimants ' son, brother and father, Derrick McCrary, loss of support, loss of future support, violation of Civil Rights , and attorney ' s fees . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) TBD (To Be Determined) . Unlimited Jurisdiction 8. Names and addresses of witnesses, doctors, and hospitals: Tracy valmer 5392 Clayton Rd. Apt. F Concord, CA 94521 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT TBD (To Be Determined) ■■■■.■■■■■■■■■■rrr■■r■rrrrr■rrrrrrrrrr■■rrrrr■rrr■■■■■■■r■r■■■■■■■■■■■■�■■rr■rrrrrr■� Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) Angelo J. Costanza (Cla is Signature) Attorney at Law g ) 706 Ferry Street ) Angelo J. Costanza, Attorney for Claimants Martinez, CA 94553 ) (Address) 706 Ferry Street, Martinez, CA 94553 Telephone No. ( 925) 228-2885 ) Telephone No. (925) 228-2885 ■■■■■■■■■■■■■•■•■■■■■■■■r■■■•■rrrrrrrrr■rr■r■•■r■■rr■•■■■■■■■■■■■r■■■■■r■■■■■■•■rrrri PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year,by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. 3. On October 1, 2006, after midnight, Derrick McCrary was arrested by Deputy Sheriff Matt Cuttitta for being under the influence of a controlled substance and for possession of a glass smoking pipe. Although, Mr. McCrary had demonstrated signs of paranoia (knocking on a person 's door yelling for help and saying someone was trying to kill him) he was not transported to a Medical Center for medical treatment. Deputy Cuttitta transported Mr. McCrary to Martinez Detention Facility. Deputy Cuttitta took Mr. McCrary to Martinez Detention Facility 's outer vehicle sally port where a struggle ensued between Mr. McCrary and Deputy . Cuttitta and Deputy Christopher Drolette. Deputy Drolette brought Mr. McCrary to Martinez Detention Facility nurse Michelle Rosalia. Nurse Rosalia interviewed Mr. McCrary for only about 1 minute and did not have him sent to the Medical Center for treatment. Deputy Drolette had told Nurse Rosalia to expedite her interview with Mr. McCrary. The deputies became angry when Mr. McCrary was nonresponsive to Nurse Rosalia. Three deputies grabbed Mr. McCrary and proceeded to take him to padded cell 2 . More deputies also responded. As Mr. McCrary was being brought to the cell , Nurse Rosalia observed him become combative and he started to yell out a name or something of someone or something that was not present. Nurse Rosalia states : "So at that point I had referred him to mental health to be seen in the morning because it was such bizarre behavior. " However, even in light of this observation, Nurse Rosalia: still did not .have Mr. McCrary promptly taken to the Medical Center for medical treatment and attention. Mr. McCrary, who was handcuffed behind his back, was grabbed by the back of his neck and forced face down to the floor of the cell. Another deputy embedded his knee into Mr. McCrary ' s back and Mr. McCrary 's ability to breath was gravely impaired by the deputies . There were about 7 Sheriff ' s personnel grabbing and applying pressure to Mr. McCrary' s various body parts and covering him. Then Mr. McCrary 's .ankles were shackled and he was left alone in the cell . Before the Sheriff 's personnel left the cell , Nurse Michelle Rosalia checked Mr. McCrary who was breathing hard and shackled:�by.�.his. ankles but she still did not have him immediately taken to the Medical Center for medical treatment. Some .45 minutes after the deputies had left the cell, Deputy Drolette: looked and observed that Mr. McCrary was not breathing. Medical personnel responded but it was too late. Mr. McCrary was pronounced dead at 3: 27 a.m. 4. The omission of Martinez Detention Facility Nurse Michelle Rosalia to promptly have Mr. McCrary taken to the Medical Center prevented the immediate medical treatment and attention that Mr. McCrary obviously required. The physical handling of Mr. McCrary by the deputies gravely impaired his ability to breath. While handcuffed behi'nd .his back, a deputy grabbed Mr. McCrary by the back of his neck and forced him face down to the floor. Another deputy 'embedded a knee into his back. Several other Sheriff ' s personnel were also on Mr. McCrary grabbing and applying pressure to various body parts . Then his ankles were shackled and he was left alone in the cell. Instead of helping this man, they 'severely hurt him. Further, Mr. McCrary demonstrated signs of Excited Delirium (such as paranoia and great strength) . The deputies negligently reponded by their actions . 4. Continued re Claim By Delores McCrary, Donald R., McCrary, Donald D. McCrary, Dina McCrary, and Jordan McCrary The actions of the Sheriff 's personnel, Sheriff ' s deputies , and the medical personnel were in violation of the decedent ' s and the claimants ' civil rights. Their actions constituted an assault and a battery. They violated their duty of reasonable care owed to both the decedent and the claimants, and were in violation of Government Code Section 845. 6 that provides a public entity and its employees have a duty to summon medical care for a prisoner who is in need of immediate medical attention.