Tuesday, November 19, 2013

Declaration of Kelley Lynch - Probation Violation


I, Kelley Lynch, do state and declare as follows:
  1. Ì am a citizen of the United States who resides in Los Angeles, California.  Except as to those matters state on information and belief, I have personal knowledge of the facts set forth and could and would testify competently if asked to do so.
  2. These are my responses to the accusations and allegations raised in Vivienne Swanigan’s Declaration.
  3. Immediately upon Lynch’s release from Lynwood Jail, she was contacted by various parties including, but not limited to, Stephen Gianelli, Susanne Walsh, the 14th Sheepdog, and Kelly Green.  She has received inconceivably vile and malicious emails from these parties.  They appear to be engaged in a highly coordinated campaign of criminal harassment.  They have relentlessly targeted my sons, sister, elderly parents, and just about everyone in my life.  I have no idea who these individuals are but am aware that Gianelli is a lawyer from the Bay Area and Susanne Walsh is Leonard Cohen’s fan who frequently copies his lawyer, Michelle Rice, in on her emails.  Since moving the Los Angeles, California, my roommate – Paulette Brandt – has been relentlessly harassed by Ray Lawrence, Susanne Walsh, and Stephen Gianelli.  Some of the harassment was addressed in the following document that includes the declarations of Ray Charles Lindsey and Paulette Brandt.
  4. On or about November 20, 2012, Stephen Gianelli wrote prosecutor Sandra Jo Streeter a malicious and vile email slandering me.  He proceeded to send this email to my sons and others.  My younger son has been quite clear – these emails have made him physically ill.  My older son simply advised Gianelli to SHUT UP and informed him that his life was worthless or meaningless.  The City Attorney, in keeping with their practice throughout my trial, has concealed the totality of circumstances, attached evidence that they feel advances their argument while suppressing evidence that is favorable to Defendant, and have highlighted information and details that are taken out of context and appear to be random.  Gianelli continued to write Streeter, copying in my sons and others.  I, in turn, refuted the malicious lies and slanderous accusations as is my right.  I have been documenting everything I have gone through since reporting Cohen’s tax fraud to the IRS, on or about April 15, 2005, for the IRS, FBI, DOJ, Treasury, FTB, Phil Spector, Dennis Riordan, the news media, and others.  That is entirely legitimate.  I also am entitled to my personal opinions including as they relate to government and a prosecutor, and others, who are willing to lie, and engage in other misconduct, in order to obtain convictions.  I have no idea what happened between November 2012 and January 2013 with respect to emails Stephen Gianelli, and others, were sending prosecutor Sandra Jo Streeter given the fact that Workplace Violence did not become involved until January 2013.  I am convinced that Stephen Gianelli is engaged in a proxy war that relates to all matters having to do with Leonard Cohen, the IRS, and Phil Spector.  Investigator William Frayeh/DA’s Office concluded that this man is a “shady character” who may have found a sympathetic ear with Phil Spector prosecutor Alan Jackson about me.  I have no doubt about that.  None of my behavior is “directed” at Streeter regardless of Swanigan’s gratuitous comment.
  5. I am not convinced I was actually “convicted,” following a “fair trial,” and intend to file a Petition with the Court of Appeals once I am in receipt of her file from the Public Defender’s Office.  The trial record is replete with false statements, perjured testimony, and a great deal of information was misleading, blatantly false, and evidence was concealed, withheld, or otherwise suppressed.  That would include the fact that I was never in an intimate sexual dating relationship with Leonard Cohen; there is no domestic violence; and, I do not have the IRS required form 1099 for the year 2004.  The IRS is not in receipt of that required form either.  In the Spring of 2013, the IRS advised me to file fraud form 3949(a) with respect to Leonard Cohen’s fraudulently obtained refund and the illegal K-1s he has transmitted to the IRS and State of Kentucky, wrongfully indicating that I am a partner on an entity he is the sole owner of – LC Investments, LLC.  The IRS, State of Kentucky, and FTB continue to advise me to contact Cohen to ask him to rescind the K-1s for the years 2003, 2004, and 2005.  They completely undermine the fraudulent expense ledger/report due to the fact that they note that I had $0 income from that entity for those years. 
  6. I was prosecuted and sentenced for violating a domestic violence order I was not notified of or served.  The original 2008 Boulder, Colorado order is a civil harassment order that cannot be modified.  Approximately five or six months after my release from Lynwood, I phoned LA Superior Court’s Domestic Violence division; spoke to someone; and after providing them with the case number for the restraining order at issue, I was asked if Leonard Cohen was my boyfriend.  Leonard Cohen and I have never been in any type of dating and/or sexual relationship.  LA Superior Court also advised me that I had to be notified and/or served with this order which they understood was a foreign order.  The Boulder, Colorado order can only be modified by the original court and yet somehow it has transformed from a civil harassment order into a domestic violence order.  It is my position that LA Superior Court has no jurisdiction over me and this is an issue I plan to take to the U.S. Supreme Court if need be.  I am aware of my sentence and continue to contest that as well.
  7. Lynch did not begin a campaign of email and telephone harassment of DCA Streeter and is astounded that Swanigan would sign her declaration under the penalty of perjury.  My email account is not, as Swanigan states, Kelly.lynch.2010@gmail.com. 
  8. My phone calls and emails did not originally center around alleged IRS wrongs although I am aware that Sandra Jo Streeter lied about me and federal tax matters.  That would include accusing me of being a “con artist” and advising the jury that the tax issues were a “ruse.” I have asked the Internal Revenue Service to investigate her entire trial and the false statements and perjured testimony regarding tax matters.  Swanigan forgot to note that I phoned the City Attorney’s Office numerous times – originally – to advise them that I did not want to be copied in on emails with prosecutor Sandra Jo Streeter and felt Michelle Rice had violated the terms of the restraining orders via Susanne Walsh’s emails that copied her in.  I have no idea why this woman would go to the lengths she has and then permit Walsh to copy her in on emails to me, my sons, and others.  I spoke to LAPD’s TMU about this situation.  I have also spoken, at length, with the FBI in Oakland and Los Angeles about these emails and the fact that these individuals can be prosecuted for lying to the FBI which is precisely what they have done.  That includes with respect to my federal and state tax returns.  In any event, Swanigan evidently is unaware of the actual nature of my calls and emails but is the “lead attorney on … Workplace Violence Unit; … responsible for analyzing workplace violence complaints …” She is also one of the subjects of Steve Miller’s federal civil rights lawsuit that involves allegations, directly related to the City Attorney and members of this Unit also involved with Lynch (namely Swanigan and Hugo Rossiter) of retaliation.  Exhibit:  Front page of Steve Miller federal lawsuitsuit.http://firelawblog.com/files/2013/07/LACityAttorneys.pdf 
  9. I am not in need of psychological counseling regardless of the lies the City Attorney seems determine to perpetuate about me.  I am completely unaware of any issues having to do with mental health, disciplinary problems, etc. with respect to DCA Sandra Jo Streeter, Vivienne Swanigan, Susan Schmitter, Hugo Rossiter, and others at the City Attorney’s Office and believe that information is entirely relevant.  Their perceptions are also at issue.
  10. My emails, primarily addressed to the IRS, FBI, DOJ, Treasury, FTB, and Dennis Riordan do not center around “perceived wrongs against” me in my criminal trial.  I have addressed, in my appeal and initial writ of habeas corpus, false statements, perjured testimony, and prosecutorial misconduct.  With my appellate attorney’s advice and counseling, I attempted to abandon my appeal due to what I am convinced is prosecutorial retaliation on the part of Sandra Jo Streeter with respect to her false allegations about me to LAPD’s TMU.  I am convinced that Streeter “lied to LAPD” about me and the ongoing conduct on the part of the City Attorney’s office, with respect to me, is indeed “unconscionable government conduct.” My appellate attorney was convinced that my 2012 trial was actually an IRS matter that demands and IRS investigation and advised me that he thought Streeter’s lies to LAPD about me could be viewed as criminal obstruction of justice.  That informed my decision to abandon my appeal.  I have no idea what Streeter’s “ulterior motives” are or were.  I witnessed numerous lawyers from the City Attorney’s Office inform judges that my case was rare or unusual due to the fact that it involves a celebrity.  Streeter, not knowing me or my life at all, simply told the jury that my life seemed “fabulous” and felt that Cohen had a right to expose his penis to me, engage in sexual harassment, and was then entitled to feel annoyed.  I am filing Complaints with the Criminal Grand Jury of Los Angeles, District Attorney’s Justice Integrity Division, Department of Justice, State Bar, and others, that will more fully address this situation.
  11. The allegation that I said Streeter and/or LAPD threatened me is vague and therefore I am unable to respond properly.  The Opening and Closing arguments are filled with lies.  Leonard Cohen exposed his penis to me and that is ordinarily viewed as indecent exposure and sexual harassment.  During my trial, this was evidently my intent to “annoy” Leonard Cohen.  Actually, Streeter made disparaging and vile remarks about me to the jury. 
  12. My emails to the City Attorney, including those to Streeter and Swanigan, are most certainly not in violation of the terms of my probation.  I have every right to communicate grievances to my so-called government; to seek redress; file complaints; represent myself with the expectation that opposing counsel will conduct themselves professionally; refute malicious slander and lies; address the ongoing harassment and stalking of my sons and others; follow up with respect to documents that I should have been promptly served; and so forth and so on.  Many of these rights arise within the context of the First Amendment to the United States Constitution and will be addressed in a federal lawsuit.  It is also my personal opinion that the City Attorney is retaliating against me and this is their affirmative defense.
  13. On February 14, 2013, Lynch sent the FBI and DOJ a series of emails addressing a number of issues including the fraudulent use of phony threats against people (ie., the drone Valentine card at issue), the lack of the statutory required “dating relationship,” Oriola v. Thaler that addresses the fact that there is no appropriate definition in California with respect to the phrase “dating relationship.” No words were typed onto this card.  I found this card online at a site that deals with serious political issues that relate to, among other things, drone campaigns.  I also worked, for nearly a year, on ACLU campaigns that included issues related to warrantless surveillance, illegal government surveillance of its citizens, the CIA and drones, etc.  The only phrase in the Valentine’s Day email that related to Streeter was the P.S. “Hopefully Streeter won’t charge me with terrorist threats.”  I receive numerous responses to the Valentine’s Day Card.  All reasonable and intelligent individuals thought it was cute and funny.  Lynch typed nothing onto the card which she found posted online at WEBSITE ADDRESS with an article by Glenn Greenwald posted underneath the image/words which cannot be taken separately or out of context.  The same is true for the email thread.  Exhibit:  Emails in response to drone card and entire drone card thread.
  14. I have no potential for violence and find this false accusation highly slanderous and damaging to my reputation.  I have asked the DOJ and FBI to investigate the City Attorney’s Domestic Violence Unit and the possibility that this probation matter is retaliatory.  I have advised IRS, FBI, DOJ, Treasury, FTB, and Dennis Riordan that the City Attorney and LAPD’s TMU continue to monitor her.  I continue to send the City of Los Angeles’ IP information, and visits to her blog, to the FBI privately.  Due to the issues raised, during my trial, with respect to Phil Spector, DA Steve Cooley, DDA Alan Jackson, and Leonard Cohen’s highly embellished good rock and roll gun story about Phil Spector, I have also asked Phil Spector to have his legal team and investigators investigate this matter.  It is the conduct of the City Attorney’s Office that is disturbing – not Lynch’s.  The fact that they refuse to take responsibility for their actions, while tasked with prosecuting people, is a highly problematic situation.
  15. I have re-routed all emails to the IRS, FBI, DOJ, Treasury, and Dennis Riordan.  My appellate attorney advised me to forward all emails from Gianelli, Walsh, Lawrence, and others, to the FBI. 
  16. LAPD’s TMU did not intervene with respect to me and my communications to government but that does raise very serious legal issues that will be pursued.  LAPD’s TMU has no right to prevent me from airing grievances directed at my government.  I phoned LAPD’s TMU to discuss something unrelated to the February 14, 2013 Valentine’s Day email thread.  Detective Viramontes then phoned me back and mentioned that Hugo Rossiter had contacted him.  He asked me if the drone card was a joke.  The drone card was and remains an example of what I believe is an out of control government entity as I have more fully addressed with the DOJ and others.  At that time, Viramontes advised me that Streeter was “terrified.” I asked him if he thought she had psychiatric problems and suggested that he phone her directly and ask her if the real threat here is the IRS and FBI.  After all, I have been extremely public about my views on this situation and the fact that it demands an investigation.  Viramontes said he would ask Streeter that question. 
  17. Lynch didn’t resume her campaign of harassment and finds Swanigan’s assessment frightening and alarming.  Stephen Gianelli resumed his communications with Streeter.  I have no idea if Gianelli wrote Streeter without her knowledge but tend to doubt she was unaware that he was writing her about me for months, copying in my sons, sister, and others.  Both of my sons have advised Gianelli, and others, to cease and desist.  Paulette Brandt advised him, and others, to cease and desist.  My sister’s attorney, Jim Walker, personally spoke to Gianelli and advised him to cease and desist.  My appellate attorney advised me to contact LAPD’s TMU about the situation.  And, my appellate attorney sought legal advice from an internet expert.  He then advised me that there is nothing I can do about this unconscionable activity.  I am entitled to my opinions and that would include with respect to Gianelli’s proxy war that involves Cohen fan, Susanne Walsh, Michelle Rice, Kelly Green, and others.  As early as 2007, Kelly Green (who works in tandem with Gianelli, Walsh, and others) posted on a blog that demonized Phil Spector and glorified DDA Alan Jackson.  Gianelli and Phil Spector’s former assistant, Michelle Blaine, and others, targeted Lynch’s email accounts and blogs, had them taken down, and publicly congratulated one another.
  18. Lynch continues to re-route all emails to the IRS, FBI, DOJ, Treasury, FTB, and Dennis Riordan.
  19. There is nothing reliable about Stephen Gianelli writing the City Attorney, on June 12, 2013, and advising him that I relocated to Hollywood, California.  I do not know Stephen Gianelli but believe he may have been behind the credible death threat Paulette Brandt recently received. 
  20. Stephen Gianelli is the individual who obtained both Streeter and Swanigan’s email addresses and began slandering me to them while copying in my sons, family members, friends, and others.
  21. I have no idea how many alleged emails Swanigan has received from me.  I think Swanigan should be clear that the words “white supremacist” and “murder” relate to a Dallas FBI investigation and information I provided them that relates to their investigation into the Aryan Nation.  That issue was used against me during my trial.  The Dallas FBI’s investigation into a murder, Aryan Nation, Cartel, meth labs, and meth cooks (according to Streeter and Cohen) is now an implied threat against Leonard Cohen.  Of course, I have asked the FBI to thoroughly investigate that matter and other information I have provided law enforcement with respect to criminal activity.  It is my personal belief, based upon what I witnessed and the trial transcript, that Sandra Jo Streeter belongs in prison.  I am not alone in that assessment.  Perhaps that’s what actually terrifies her since she lied about IRS and federal tax matters and potentially obstructed justice. 
  22. I do not write emails 7 days a week/24 hours a week.  I would not ask Swanigan for legal advice.  I might pose a rhetorical question to her.  I would never take legal advice from someone willing to lie under penalty of perjury and in other ways. 
  23. My emails are entirely legitimate and the same will be true for my federal lawsuit and complaints to the Criminal Grand Jury of Los Angeles, DA’s Justice Integrity Division, Department of Justice, State Bar, and Ethics Commission with whom I recently spoke about this situation and my views that this probation violation is actually retaliation and potentially an affirmative defense.
  24. I do indeed maintain a blog at riverdeepbook.blogspot.com however that blog url address is incorrectly presented in Swanigan’s declaration. 
  25. Whether or not LAPD has verified my email address is a matter of hearsay as of this moment in time.
  26. I would like to know what happened to all emails between November 2012 and January 2013 and what, if any, other emails Streeter has received from Gianelli, Walsh, and others that relate to my 2012 trial and probation matters.
I declare that the foregoing is true and correct under penalty of perjury under the laws of the State of California, and if called to testify, I would and could testify truthfully as to the above.  Executed this 12th day of November, 2013.

                                                                        Kelley Lynch