Ground 1 ~ Malicious Harassment
I have been being harrased by the the city of Everett animal control officer Lori Trask every since I moved into the city of Everett in 2000. It got so bad that at times we had to call the police on her, because I moved to the city with two pit bulls at that time I thought it was because she hated pit bulls. I didn’t realize it was me or the color of my skin or the size of my body that was the real reason.
Ground 2 ~ Whistleblower Retaliation
in 2009 I started in animal rescue because in the city of Everett they have breed specific legislation which means that they kill all pit bull’s and my dream was to save them all. Once I started to receive dogs from the shelter I realized a very disturbing trend; every single animal that I pulled from the shelter was mased and injured, some with broken bones. I complained about it but nobody did anything, and once again Lori Trask reared her ugly head stopped me from pulling animals from there. I couldn’t get any agency to do anything or to help me but I did find that the Everett animal shelter manager Bud Wessman was also the head of their nonprofit which is a direct conflict of interest and I made enough noise about that that he finally stepped down.
Ground 3 ~ Unwaranted Search of my vehicle on private property
On January 2nd 2011 I was staying in a car with my dogs because at that time we had been homeless for about 14 days. My 14 yr old dog had lymphoma and I had just made an appointment to have him euthanized on January 6 so I was very upset and then all of a sudden Lori Trask shows up again at this point time she placed her hand on the hood of my car and asked me how long I had been there. I was trying to get water from a hose to put in water bottles I had in my hands. I told her that I had just gotten there because I just got back from the park with the dogs at which point she just started arguing with me so I figured I’m not can win with her I never have, we got a 10 year history so I got in my car and left on January 4 she showed up with a warrant and took all of my dog’s
Ground ~ 4 Notice
Ms. Trask did not give me a notice of my legal remedies as required by law.
Ground 5 ~ Warrant
Ms. Trask refused to give me a copy of the warrant nor did she give me a warrant inventory
Ground 6 ~ Cause Order
Ms. Trask also refused to give me a copy of the show order (name? Whatever the statement is they use to get a warrant)
Ground 7 ~ Due Process
The day they came and took my animals I called the shelter and asked if I could have my vet come in and check on my animals and they said absolutely not their policy does not allow anybody to come in thereby destroying any defense I may have had. So it was their word against mine and you see how that went for me because I’m here in front of you. Later in my trial I found out that the city’s vet had in fact been my 14-year-old schnauzers vet when she was forced to pump out 10 litters of puppies before I rescued her.
Ground 8 ~ 5th Amendment ~Improper Statements~Due Process
In this state if charges are not pressed against you in a certain amount of time you can petition the courts for the return of your animals, but you have to go to the district court. District court didn’t know what was going on so they sent me to Superior Court where they finally gave me an audience. The problem with that is in order to get your animals back you have to provide a defense so I brought in everything for my defense without realizing or being told that I was violating my own 5th Amendment right to not incriminate myself and it ended up that everything that I brought into court that day was everything that they used against me when they later did file charges. It’s a very strange scheme, I’m not sure why it’s actually done that way: Maybe so you will go ahead and give them more fuel for the fire if they can decide how they’re going to prosecute you.
Ground 9 ~ Inappropriate conduct by the Prosecutor
During that same Superior Court hearing the prosecutor actually stood up in court and said city of Everett was the first last city and they were not beholden to the Constitution of the United States or Wash state law.
Ground 10 ~ Dropping 6 charges against someone to garner testimony against me
At this point in time I did realize that the lady that I was staying with was facing three misdemeanor and three gross misdemeanor charges and in exchange for her testimony against me for one misdemeanor they dropped all six charges. She is a frequent flyer as far as being a witness for the city of Everett and for animal control she is very adept at getting people’s dogs taken away. Her and Ms. Trask worked together quite often.
Ground 11 ~ Incompetant Counsel ~ Dire consequences for a misdemeanor
Once they filed charges I realize that these types of cases involve many types of law so of course I was assigned to the new attorney who knew nothing about this type of law and when I would ask her about her qualifications she would just gets snotty with me and tell me if I didn’t like it I was free to go pay for an attorney, obviously I was in the public defense system so I didn’t have the money for that and then that’s the way that I was basically treated throughout the whole thing. I made many attempts to at least represent myself because I knew I was never going to get a fair trial in the city of Everett so I figured I would try to at least preserve something for appeal. So consequently I went through about six different lawyers. Some of whom quit before I ever got to even meet with them.They continued to assert that I was being difficult just for the sake of being difficult this charge would mean the destruction of my life’s work, my reputation, and the loss of my beloved companion animals, some of which I had 6, 7, or 8 years.
Ground 12 ~ RICO harassment by the city & their witness in colaboration ~ Blacklisting
As soon as my animals were taken the city’s witness Rose Adams started posting hundreds of ads about me on craigslist and sending them to over 500 people in our rescue groups telling them information that was not true saying that she had gotten the information from Everett animal control. They told her supposedly that I had dumped dogs off on them. Why would I want to actually leave a dog with people who beat and abused them??? That makes absolutely no sense. They were giving her all the lab results from my dogs & they were giving her all the information on the case & she was posting it to harass me and to destroy my name my reputation. Most of the information I didn’t even have myself nor did my attorney: that’s how I found out what was going on with my, case I read craigslist ads or Internet boards to find out what was going on.
Ground 13 ~ Witness threatening my life & crimes of dishonesty
The city’s witness’ Rose Adams and Jennifer Speelmon both were threatening my life trying to actually physically assault me. The city of Everett’s witness Rose Adams had previous convictions for assault on police officers because she had a standoff with the Mountlake Terrace police which made the news. She actually lost two sets of children for physically beating them. She has other assault charges as well & her & the other witness was on drugs. She recently was arrested after hoarding 14 dogs, & letting one dog get attacked numerous times which also made the news on Mother’s Day 2013 & was just recently on the news again for squatting in a home in North Seattle with her boyfriend & 5 of the dogs she was oredered not to have. Jennifer Speelmon was recently sent to prison after garnering 37 different charges including assualt & having a gun keeping in mind that they are both great big huge women and I weight about 103 pounds
Ground 14 ~ Prejudicial Judge
I grew up in a judicial, prosecutorial, and law enforcement family I do have a little bit of an understanding about how judges are supposed to act in a court of law. The judge in my case was horrifying, at one point in time we were having a custody hearing for the dogs and I said something to him and he said to me “you abused your animals, I think the city of Everett knows what’s better for them” at which point I stood up and I said “so have you already decided that I’m guilty” he refused to answer me.
Ground 15 ~ Improper Judicial Statements
At one point in time this very same judge when I was asking him about my right to represent myself he said “the Supreme Court feels like you have the right to represent yourself we here in the city of Everett don’t”. Somehow he had gotten the idea that he, in a court of limited jurisdiction was somehow above Washington state Supreme Court
Ground 16 ~ Improper Judicial Comments & Malicious Sentencing
This very same judge called me a liar called mentally ill amongst many other things that I can’t really even repeat. My sentencing the prosecutor asked for three days I believe it was and he turned around and gave me full days after he verbally abused me for 20 minutes.
Ground 17 ~ Discrimination
Evidently Ms. Lori Trask is very prejudiced which I didn’t know realize or understand until I got a copy of the show cause order the police report and the animal control report in all three statements Ms. Trask has to identify me as a thin Native American woman out on the show cause I could understand that she’s giving a description but in every single instance where she’s talking about me she has to describe me as a thin native American woman. She is a very large Caucasian woman but in fact if I pointed that out every time that I talked about her then you would have to think that I had a problem with her size or with her skin color: just to prove a point to myself I ran into an ad on craigslist as well and asked if anybody had trouble with her the only people who responded to me, were in fact minorities
Ground 18 ~ Religious Discrimination ~ Public Humiliation
I am in fact Native American but I am also Jewish by blood, so there are certain holidays that I do observe as a cultural matter. At one point in time they were trying to schedule a hearing during Tisha b’Av and I requested that we move it to another day. When they asked me why I told them why at which point Mike Fisher the prosecutor said to me “I thought you were Native American. What are you Jewish or Native American, and I said I didn’t know that I had to choose in this country. That was quite possibly the most embarrassing humiliating thing in the world to stand in open court and have somebody try to dictate to you, who you should be, who you are, or imply that you’re faking it. I have DNA tests I can prove it.
Ground 19 ~ Withholding Discovery and Evidence
At no time did they ever give me the original pictures so that I could have them validated. All they ever gave us for evidence was blue tinted photos on photocopied paper that were not date or timestamped. I later learned the reason why is because one of my dog’s bloody in the pictures.
Ground 20 ~ Overbroad unconstitutional laws creating criminals out of ordinary citizens
When the city of Everett took my dogs they were all warm safe and dry but when they arrived at the shelter five hours later, one of my dogs was bleeding from his rectum and unable to walk, one of my other dogs was hypothermic, bloody, missing teeth, and my other dog was in full on seizures. Obviously my dog The water bottle was clearly on top of my core when they came to take my dogss or cat were not in that condition when they left my care or else I would’ve been charged with multiple counts of felony animal cruelty in the first degree: but instead my only charge was not having water out 24 hours a day. The state law says that you have to have necessary water the city of Everett says you have to have water out 24 hours a day so by that reasoning if you take your dog outside & there is not a water bowl out there for it or if the dog comes to sleep with you at night and you close your bedroom door and you don’t have water bowl in there you are then guilty of a misdemeanor crime and God forbid you try to potty train your dog by putting it’s waterbowl up at night.
Ground 21 ~ Due Process ~ Destruction of defense
Since the judge took such great joy in humiliating & degrading me, one week before trial he agreed to let me represent myself at which point he asked me if I was ready for trial I said yes with the understanding that we were going to have the pretrial hearing he canceled that so I was never allowed to enter any evidence or refute any of their evidence
Ground 22 ~ Discovery
I requested discovery over 22 times at no point did I ever get it when they finally figured out that they had to give it to me they said it was a public records request, so I put in the public records request and I got a letter 35 days after trial saying that everything was ready, that included the pictures the vet reports normal things that should’ve been made available to me as evidence.
Ground 23 ~ Due Process Expert Witness
I was never given money for an expert witness but my standby counsel was given $1000 for an investigator who only called two people the day before court nor was I ever allowed an expert witness.
Ground 24 ~ All white jury of friends of the judge, ex-cops & friends of local judges
The entire jury was made up of all violent crime victims, friends of judges, former law enforcement officers and it was an all white jury. I wasn’t allowed to pick any of the jury, my standby counsel kept telling me that I could only do this I could only do that so basically I just gave up. The journeyman of the jury was an ex-cop who also been injury leader for a couple of other trials. There are 4 reservations close by & occassionally a Mexican moves to Everett, I did like a dummy I’m Native Jewish Mexican & Italian, there has to be more then one of me in the city.
Ground 25 ~ Violation of AIFRA ~ Destruction of Evidence
The day they took my animals I begged the shelter manager not dissect or desecrate my dogs body (the one who was supposed to be euthanized on Friday, but they took the dogs on Thursday) on January 11th I found out that he had been euthanized and I called them again and I begged them not to desecrate his body. I’m Native American and I wanted to be able to bless his body and send him off. They had full vet records showing that he had lymphoma that he was being treated by a vet & there was no need for them to dissect him. The pictures I got were the only ones that were in color where they took out every single one of his organs and put sticky notes on them. I didn’t find out until 2013 that they didn’t put him back together, they didn’t bless him. they just through his body precious little body away. So theyI through away evidence and they doomed his soul walk this world forever when I called her crying all she did is laugh at me and tell me that was stupid.
Ground 26 ~ Malicious Harassment by prosecutor & witness.
The city of Everett prosecutor worked with one of the witnesses to create some very bizarre lies about me that I had 23 dogs in my one-bedroom apartment in feces encrusted cages with no food and water which obviously animal control came over and that was not true. He also kept trying to file other false charges against me as well as constantly stalking my blog where I report on what is going on. I created the blog in order to bend myself and keep basically a running journal of what was going on and because I was afraid for my life and I’m still afraid for my animals lives. The city of Everett prosecutor Mike Fisher actually printed out my blog and used it to file a motion in limine.
Ground 27 ~ Missing items
When I finally did get a copy of the warrant inventory my cat was not listed on there or the numerous narcotics that I had for pain management for my terminally ill dog and for my dog with seizures. If they say that I have them or tried to use them I can prove medically that I’m deathly allergic to narcotics so that is not going to work out well for them. I can also submit to a hair follicle test.
Ground 28 ~ Accused of crimes I was not charged with or guilty of
During my trial when I brought up the fact that I used to rescue dogs from the city of Everett shelter the prosecutor said I got those dogs by using fraud. At which point I told him that I could produce e-mails where they had solicited me to come and receive most of the dogs. At that point I asked him if he was accusing me of committing a crime and if the why’s why in fact that those charges had not been filed he just looked down and turned beet red
Ground 29 ~ Destruction of Exhibits/Evidence
After my trial I watch them throw away some of the evidence which can be proven in my appeal it shows that there is in fact quite a bit of the evidence that was marked for exhibits that is now gone.
Ground 30 ~ Slander Being accused of crimes not charged with or guilty of again
During the Superior Court hearing (to try to get my animals back) I was also accused of crimes that I was not charged with. The really strange thing is that the city of Everett attorney, not the prosecutor filed the brief where he said that I was mentally ill that I use my animals for money. Basically he just slandered me to no end.
Ground 31 ~ Violations of the ADA
Two of the dogs taken were my service animals: More correctly Hoki, my Australian Kelpie was my service dog & Soffia my Schnauzer was my therapy dog.
Ground 32 ~ Violation of the ADA
I repeatedly requested accomodations for my conditions, I was almost murdered in 2000 which is why I moved to Everett as I was unable to take care of myself, so along with my physical disablilites I have PTSD/Agoraphobia, but I am also autistic & in 2006 I had a stroke. The city of Everett refused to give them to me & did their level best to make it even more difficult for me to function.
Ground 33 ~ Incompetent Counsel
When I had Mr Ricks for an attorney I demanded to know why he had never filed any motions for me or challenged any of their false evidence. I said it seems like you’re not doing it because you don’t feel like they will listen & he said “Precisely” I told him I didn’t care if they accepted any of it but I needed it for appeal. He just shrugged me off.
Ground 34 ~ Incompetent Counsel
At NO time have I ever had even one attorney that would fight for me, the latest attorney texted me to tell me I had a hearing a day or two before court but I couldn’t make it, and the only way I can get him to answer or respond to me is to threaten to file a bar complaint against him, then it takes him less then 2 minutes to get back to me.
Ground 35 ~ Non notification of court decision
I was never notified that the Appeals court had even made a decision in my appeal and it was not listed on line which is normally the case and for some strange reason they “created a special panel of commissioners” to hear my case so that I was never allowed an oral argument. Plus according to what the city of Everett Prosecutor said I lost all chances of taking my appeal to the Supreme Court (which is why I am filing here)
Ground 36 ~ Denial of Defense
I am obviously not an attorney but the Washington State Supreme Court denied me defense counsel for my appeal so of course I lost because I don’t know what I am doing.
Ground 37 ~ Ex-Parte Communications ~ Bias
During a Discovery Hearing the Judge made this statement: “I thought all of the lab results say that all of the animals were in horrible condition” Not significant in itself, but the hearing was for the discovery of the lab results themselves. My attorney or myself had never seen those records but evidently the judge had, showing that he was having Ex Parte Communication with the prosecutor, because we didn’t even know the lab results yet. It also shows bias in that the Judge has a pre-formed opinion about the health safety & welfare of the animals and of my guilt in his mind
Ground 38 ~ Aiding & Abbetting a felony sex-offender child rapist
The prosecutor withheld the location of a felony fugitive sex-offender Michael Pilkington in order for his girlfriend Jennifer Speelmon to testify against me all the while she joked and laughed on her facebook account that they were “bulletproof” because of her arrangement with Mr Fisher. It was me who finally had to have him picked up by the Tulalip Tribal police. He is a child rapist, so endangering the public was more important than following the law in order to garner a conviction against me? They are both thankfully in prison right now
Ground 39 ~ Violation of stay order ~ Judge never declared me a public danger/flight risk
The judge ordered me to serve 25 days in jail and refused to hear the my stay of judgment, until I had been in custody for 10 days, exceeding the prosecutor’s recommendation 5 times over, showing extreme prejudice. He also said he was on vacation but he was not, he was on the calendar as to why it took him so long to hear my stay, which I filed on the 30th of January and had to file again on the 10th of February because they “lost it”
Ground 40 ~ Exessive fines & bail ~ Malicious
At one point I was 8 minutes late for court and Judge Mitchell entered a warrant for my arrest even though I had called in to say I was going to be late, but only after making me wait for most of the day to tell me was going to have a warrant. He made that bail 5000.00 for a 1000.00 misdemeanor, & now he has my bail set at 7500.00. 5 & 7 ½ times higher than the fines according to the police officer who kept apologizing to me about it.
Ground 41 ~ Prosecutor lying repeatedly in court
The prosecutor claimed over and over that I had been homeless for 47 days when he had a copy of my order which showed it had only been 17 days for one but he lied about many other things. I have never gotten a copy of the transcript so I can not give you the whole list.
Ground 42 ~ Competancy of the judge
It is unknown if Judge Mitchell is in control of his own resources as he seems to contradict himself in words and in writing. He claims he did not make statements that he did, he claims he did not sign orders. He had many of his statements removed when I ordered copies of the tapes but I recorded the hearings so I could remember what he said which is why I can quote some things but it makes no sense to lie about something he wrote, it’s in black & white. As far as what he said: he could cover that up and erase it but any forensic specialist would be able to tell where the hearings were spliced. For instance he removed the part where he said “You abused your animal so I think the city of Everett knows what’s best for them but you can clearly hear me ask him if he had already convicted me & you can see the jumps in time as well. He put on my final order I could only have one cat or dog & when I got a dog he tried to have me arrested & said he didn’t write it! It’s his handwriting, it is one 5 different copies.
Ground 43 ~ Harassment Public Humiliation
Judge Mitchell makes me fill out an indegency report almost every time I come to court & then makes me swear under oath it is true in court in front of everyone & makes me say basically that I am poor, handicapped & on food stamps. Judge Mitchells favorite thing to do was to constantly schedule me in front of the wrong judge so I would have to come to court several times a week then publicly humiliate me because I couldn’t find a job, there were some weeks where I was in court up to 3 times a week.
Ground 44 ~ Due Process/Forfieture Remedy
The city of Everett is withholding my animals illegally because according to state law if they want to seize someone’s property they have to file a motion for that to lay a claim to it, they never did but I did when I went to the first hearing yet they won’t return my animals. The animal were seized illegally because they were not in any life threatening situation or condition and they had not been abandoned. . At no time was I ever given the chance to remedy any situation, & proper legal notice was never provided.
Ground 45 ~ Deprivation of Property in Animals
I have suffered a deprivation of property without benefit of a hearing, and such violation was a violation of client’s procedural due process rights. The deprivation here is unquestionably more severe than as this case involves destruction; a total, complete and final deprivation of my property rights & the tragic outrageous loss of a companion animal in his final hours on this earth. Where the property was forfeited without constitutionally adequate notice to the claimant, the courts must provide relief, either by vacating the default judgment, or by allowing a collateral suit. I don’t want money I want my animals returned which is why I have been fighting so hard.
Ground 46 ~ Malicious Prosecution ~ Waste of Taxpayer monies ~ Color of Law
To date within all of my research I have never seen a misdemeanor case warrant this strenuous of an effort in man hours, tax payers monies, administrative costs, hours spent perusing the web hanging on my every word even on days when I’m not blogging, perhaps the taxpayers may be better served by the City concentrating on cases that merit this much money and detail. Or would the courts believe they merely have only 1 Defendant in the City which they are prosecuting? Through a informal accounting of court costs for over all of my court appearances, numerous filings, man hours, and administrative costs, the City has invested between $443,000.00 and $738,000.00 to prosecute a misdemeanor in the face of a 10 million dollar budget shortfall, for which the highest penalty would be 1,000.00.
Ground 47 ~ Cruel & Unusual Punishment
My dogs & cat were old, I was only going to be homeless for a couple of weeks, our house became available 2 days after they were taken. They all had required meds, most had 6 to 8 years of vet records showing that I provided them care. Since the day they were taken I have not laid eyes on them. I have to say “property in animals” or even “animals” but these were in reality my babies, my companions, & my world. It seems the city of Everett found a way to retaliate on a homeless woman but WORSE yet on my helpless animals. I have been to court some 150 times, been to jail 3 & there have been 13+ people drop dead in that jail, 5 in less than 15 months. I have tried to kill myself numerous times over this, once I drove off a cliff & the stupid trees caught my car, & another time into a boulder but the stupid airbags saved me, I even tried to take a bunch of pills but I had the flu so I threw them all up. How can any govt justify taking something from someone with so much more intrinsic value then property for not having water out 24 hours a day, to destroy someone life, work, & reason for living and justify spending more than a million dollars maybe more for a 1000.00 misdemeanor.
Ground 48 ~ Speedy trial rights
Everett has a very strange scheme where they eliminate your speedy trial rights. On the paper they give you for court, on occasion it wil say “excluded time” but at no time did I ever knowingly or willingly waive my speedy trial rights.
All I have done is fight back, I am not just fighting for me, I am fighting for them so I can’t just lay down & take it. I even tried to become a Patriot until I realized they want to warp & twist the Constitution as much as the people they claim to be fighting do. I have seen what happens to animals in that shelter, & my worst fears came true once I got my dogs medical records & realized they had been beaten & possibly sodomized. Every day I live with that, for almost 4 years that is our reality. I don’t know if they are safe, if they are alive, if they are being comforted, or loved. I didn’t kill someone, I merely stuck up for those who couldn’t speak for themselves. I have proof of everything I’ve said here which I will produce at any time it is requested.
Brandia Taamu _______________________________