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Thursday, December 5, 2019

Living in the Past

Below is a comment my Mom left in April, 2017. Every word of it remains relevant today. It's a shame that she did not live to see justice for Charlie. Rita Heller passed away on November 13, 2019.

Take it away, Mum.

***

As Charlie's grandmother I am still very concerned and dismayed at the finding of Charlie's death as SUICIDE. The reasons given were threefold:

Suicide Circumstances
Recent suicide of friend/family
Crisis in past 1 weeks
Other relationship problem

These three things are simply figments of someone’s imagination and are most certainly not true.

Recent suicide of friend/family - there has been no suicide of any family member, no suicide of any known friend or acquaintance of either Charlie or anyone else that we know. This is simply not true.

Crisis in the past 1 weeks – there was no crisis in Charlie’s life, no crisis in either Charlie’s maternal or paternal family, or for any of his friends or acquaintances. This is simply not true.

Other relationship problem – what on earth does this statement even mean? If there was any relationship problem in this 12 year old's life he most certainly would have shared that with his mother, father, uncles, aunts, cousins, friends or grandparents. This is simply not true.


http://legalbeagle.com/8787355-mean-cause-death-undetermined.html

Problems in Possible Suicide Cases

In the same article, Dr. Panella also explains that for a ruling of suicide, the medical examiner must conclude beyond a reasonable doubt that the person intentionally meant to kill himself. This can prove tricky for a medical examiner, because once again he does not know the intent if there are not other reports available to help him make that determination. If a person dies after drinking a large amount of alcohol and ingesting a large amount of sleeping pills, it might appear as suicide, but there is reasonable doubt. The person might not have realized how many pills he was taking or meant to take something else, not sleeping pills. According to Dr. M.J. Breiding of the Centers for Disease Control and Prevention, many suicides end up as undetermined classification due to the lack of knowledge surrounding intent.

Meaning of Undetermined

Most states recognize five causes of death: undetermined, natural, homicide, suicide and accidental. The main problem for medical examiners in classifying death is that homicide, suicide and accidental all involve intent. A medical examiner may classify the cause of death as undetermined if the intent is not understood at the conclusion of an autopsy, due to legal consequences attached to such cases. For legal purposes an undetermined cause of death simply means the medical examiner cannot say for sure what caused the death of the person. For example, if a person with severe heart problems dies of a heart attack and is found to have a large dose of cocaine in his system during autopsy, it may not be clear if the heart attack was natural or cocaine caused it. If the medical examiner cannot conclude, he might list the death as undetermined.

Our family wants the Death Certificate changed to Accidental - not UNDETERMINED as that means they don't know how it happened - (ligature marks and witness statements say that he was found hanging so that ought to be obvious)

and or course not say SUICIDE because there was no indication of intent whatsoever either by word or written.

Our family would like to be able to grieve Charlie and not constantly have to struggle with this death certificate finding - it is almost two years now and we pray daily that the coroner will change the finding as was offered in a recent letter from Thom Canny.

***

RVH 12.o5.19

Saturday, November 23, 2019

Yerrrrr OUT!

Hey, check this out. More turnover in Kalamazoo County, specifically, in the Corporations Counsel's office. Seems like the taxpayers just can't be pleased in this regard:

https://www.mlive.com/news/kalamazoo/2018/05/kalamazoo_county_legal_rep_say.html

Hah? Oh, sorry. Wrong one. Try again:

https://www.mlive.com/news/kalamazoo/2019/11/kalamazoo-county-says-federal-lawsuit-from-fired-lawyer-has-no-merit.html

There it is. I'll call her "Ms. White", because that's her name; this is the same public servant who, on August 2nd of 2018, sent the following to my sister's attorney in what many people would call a hideous display of authoritarianism:

"Per our phone conversation just now, I am forwarding the following online post to your attention. This involves the Heller matter that was the subject of the hearing yesterday before Judge Lipsey. I have copied the Undersheriff as well. We have perceived this as a threat against the Medical Examiner among others and have forwarded it to law enforcement."

Yeah. And, honey, you can perceive this as a victory lap.

Covered in something other than glory, White was placed on leave, appropriately enough on Halloween. And to think, she probably left a pretty promising job for this gig, for this little place that really is.

Um, as far as taking Kalamazoo County to court goes, based on our own experience: Good luck!

Well... Bye.

pH 11.23.19

***

Thursday, November 7, 2019

Second Thing First

I was buying a gun a few weeks ago at [PRODUCT PLACEMENT REDACTED] when something small and important occurred to me. It was a .22 rifle, good for plinking. Charlie wasn't my only nephew, I have several as well as other relatives, and target shooting is an occasional family event for us.

The store is closing up so all of their stuff went on sale, and sometimes you just have to buy something because it's cheap and you'd feel like you left money on the table if you didn't bring it home. This is universal human behavior.

The small, unimportant thing that occurred to me did so while I was filling out the computerized background check. (That, too, is universal in American retail.) Some of the questions had to do with my citizenship. One of them, though, seemed different than it was a few years ago.

In 1996, mind you, the Clinton administration took a bite out of the Second Amendment when it made domestic violence a "qualifying misdemeanor" which would make it legal for the government to take away a citizen's right to own a gun. I wrote about it then; make domestic violence a felony, I said. What's so wrong with that?

So that question didn't surprise me.

Another one did... Something to the effect of, "Are you currently under any restraining order that forbids you from harassing, threatening or stalking any other person?" My answer was 'No'. And the artificial intelligence verified that, and they printed out my paperwork and sent me on my way with a box under my arm. That would not have been possible from August 2017 through August 2018.

I would have had to answer 'Yes' in that time period, when a certain neighborhood plaintiff was fruitlessly suing me for a post on this here blog. I caught said plaintiff in a big fat lie, showed them my cards and asked for dismissal, to which they stipulated immediately. That stipulation ended the unconstitutional Preliminary Injunction that Kalamazoo County's 9th Circuit Court had imposed upon me until then, and which is millstoned to my sister (and to Charlie's Dad) PERMANENTLY (pending appeal).

It doesn't matter who the plaintiff was. Most loyal readers may already know. What matters is that Kalamazoo County Medical Examiner Joyce deJong's Pathology Department, which is also the Homer Stryker M.D. School of Medicine that is housed on Western Michigan University's campus, sent a fax to the plaintiff (that I knew about), and was the document around which the plaintiff's big fat lie was centered.

I sent a complaint about WMed to the Federal Trade Commission, because the evidence strongly suggests that Joyce deJong provided information to the person who sued me, and the person who sued me denied receiving it. (The FTC's response was to provide me with a link to a website that doles out advice on how not be defrauded, so at least in their eyes, I'm a victim of fraud.)

I also notified my state Senator of the fact that the Medical Examiner had essentially conspired with a plaintiff who sued me, for whatever reason. He, my state Senator, didn't do anything about it at all. Looking at his campaign contributors, I notice a check from the judge in my case, and a much bigger donation from "Friends of WMU". So, reasons.

When I filed a FOIA request specifically requesting communications between the Medical Examiner and the plaintiff's business, since the document was faxed from WMed Pathology to [PRODUCT PLACEMENT REDACTED], the County responded by saying that only communications which were sent across County servers would be available for release, and that no such communications existed on County servers.

When we filed an earlier FOIA with WMed, asking for all documents related to Charlie's case, that very document was provided to my sister's attorney - only without the information that my copy has on it, as applied by the receiving party's fax machine. So they had it, their fax number sent it to the plaintiff who sued me, the plaintiff lied about receiving it until I proved it, at which time the suit against me was voluntarily dismissed.

For an entire year, my First Amendment rights were infringed upon, fraudulently as far as this former defendant is concerned. And, come to find out, so were my Second Amendment rights. Had I tried to purchase a firearm through a licensed dealer during that year, I would have been turned down on a background check, because I was under an Injunction that was enforced ex parte (that means they didn't ask me first) by a court that still refuses to address whether or not the plaintiff is a big fat liar.

You want the details? I'm happy to share them, but you'd have to email me for that stuff, since my sister remains gagged and these litigious bastards would no doubt file a 4th Motion to Show Cause, saying that I published information about them as her confederate or some dumb shit like that. Oh, yes, Pilgrim: They mean to deprive her of her liberty, right here in America.

There's more. On August 2nd, 2018, while the bogus gag order was still around my throat, Kalamazoo County's Corporations Counsel sent an email to the Sheriff's Department accusing me of threatening the Medical Examiner. They obviously considered it and found the complaint to be without merit (it was over a blog post, funny how that works) because, well, I passed the background check, eh?

Even so, my government took its best shot, because it didn't like what I said about them. That should send a chill down every American's spine.

That was the second attempted blight upon my Second Amendment rights. The court's sacking of my free speech rights was worse, but that's twice that Kalamazoo County has rolled me around in the dust. It's not fun being under that magnifying glass. These are supposed to be unalienable rights, but look, I was found guilty and had to prove my innocence.

That's bullshit. At the risk of sounding grandiose, it can fairly be said that the Constitution did not protect me, but the other way around. And it didn't protect my sister or her son's father, who watched their free speech rights get suffocated, like they needed that.

Maybe you see it differently. Maybe you think I'm all wrong, that I've gone too far... Well, there's a Report Abuse link on the lower right of the -- see it down there? Yeah, I put that there. No sweat.

I hope you feel free to leave comments, because they have always been welcome on this blog.

But mostly I just hope you feel free.

pH 11.07.19

***

Thursday, October 31, 2019

Trick, treat.

How's about a reprint for ya, from just over two years ago... And still nothing has changed.

(It's easier on me. Happy Halloween.)

***

Thursday, October 26, 2017

Hollows Eve

What's to - hang on. (Hey, what's today's date, is this the 26th? Hah? Technically, the 27th... Okay, great.)

Alright. Upon sunrise of the morrow, there will be scantily four days until Halloween, a popular holiday in America and around the world. The prospect of receiving free candy has, apparently, universal appeal.

By now, you know what this is about, so I won't bother beating you over the head with stories of Trick-or-Treat Past. I won't festoon cyberspace with tales of the price that must be paid to get that candy, the horrors that have to be endured.

It's too late for that. That was last year. And last year my sister's house was done up in the spirit of the Season of the Witch. Enough young socialists-in-training showed up to make it all worthwhile - the Jacks O'Lantern, the scary music, the blood-soaked ax buried in the block of wood, the anti-dental goodies...

It went over. Sure it did. Fright Night. But none of those young socialists-in-training was Charlie.

This year could be the same, if she felt like it, but four days out, not a sign of the holiday is evident. No knives or candles have invaded the pristine bodies of pumpkins, spilling their guts and carving crude faces out of their agony.

There are no clattering glow-in-the-dark plastic skeletons. No dangling rubber bats. No fake spiderwebs. No spooky music or creepy lights. All that stuff remains in the basement.

There isn't even any candy in the cupboards this week, and there normally is, year round.

Tomorrow will come and go, and nothing will get done about this, and then it will be three days away from Halloween. The house will be no closer to where it should be to properly honor the dark hours of the event.

But at least tomorrow will have come and gone.

pH 1o.27.17

***

Wednesday, October 9, 2019

Just Wondering...

Looks like the last of the good weather. Any day now, it will be Raking Season, and the world will lose most of its color for a while, then it will go completely white. We shrug, and bundle up.

I wonder what I'm going to write about next week...

pH 1o.o9.19

***

Monday, October 7, 2019

Songs for Charlie Today


Dead leaves and the dirty ground
when I know you're not around  - The White Stripes, "Dead Leaves and the Dirty Ground"

***

I reach to the sky
and call out your name
If I could trade
I would  - The Offspring, "Gone Away"

***

It's something unpredictable, but in the end it's right
I hope you had the time of your life  - Green Day, "Good Riddance"

***

Yes, no tellin' what you do
I done everything I could,
just to try and get along with you.  - Son House, "Death Letter"

***

pH 1o.o7.19

Thursday, September 12, 2019

Exhibition Day


I believe that unarmed truth and unconditional love will have the final word. - Martin Luther King, Jr.

***


PS: Could I get you to do something good for a little girl in Detroit who got hit by a car just after our governor and legislature - a.k.a. Snow White and the 148 Dwarfs - capped coverage at $250,000 (when it used to be unlimited)? Her name is Amora Harris... https://www.gofundme.com/f/ccx23-amora-harris

I'd appreciate it - pH

Wednesday, July 24, 2019

Re-Buttle

One of my trusted sources got the document to me... I mean, it's filed in court, so it's public information no matter what. It's the Medical Examiner's official Answer to our Supreme Court appeal. Keep in mind that it has been FOUR YEARS now that we have been asking Joyce deJong to change the Cause of Death on my nephew Charlie's Death Certificate from Suicide to, well, not Suicide.

Why? Because he didn't commit suicide. He died of tragic and fateful circumstances, which are very different from the Three Suicide Circumstances listed in deJong's official report in Kalamazoo County Case No. W15-470. Those Three Suicide Circumstances were all disavowed by deJong herself after meeting with the attorney helping my sister, an old family friend, who is as astonished as everyone else is by the M.E.'s callous stubbornness.

She said a close friend or family member had committed suicide. That did not happen, and she admitted so in writing. She said Charlie had been upset immediately prior to his death. That was not true, and she admitted so in writing. She said he had "other relationship problems" - which is an airy statement all by itself, and she admitted so in writing.

So, with all three legs pulled out from under her stool, what is left to argue when we ask for the Cause of Death on his Death Certificate to be changed? Nothing. And that's what makes it so easy for me to cite and refute just about every paragraph of Kalamazoo County's filed court response. Like so:

Page 1.

Heller made explicit that the relief she seeks from the courts is: 1. Enter an Order finding that the conclusion of suicide made by Joyce L. deJong was the great weight of the evidence;

As a longtime humorist/satirist in good standing, I must resist the temptation to simply rebut this with, "Monkey Finds Typewriter". Come on, man. That isn't even a fucking sentence. There are obviously a couple of words missing there - it's just sloppy work and is indicative of the overall lack of due diligence that Defendant deJong has brought to this entire sad chapter in Michigan's legal history.

I'm sorry, but that monkey is going to have to retype this before it can even be said to make any sense.

Now, on to Page 1.

There is no claim of tortious or unlawful conduct by the Defendants-Appellees. Rather, Heller simply demands that the Medical Examiner's "manner of death" classification be changed by the court.

"Tortious" is an adjective, it means, "of the nature of or pertaining to a tort." Okay. A "tort" is a "wrongful act, a breach of contract or trust, that results in an injury to another's person, property or reputation." To classify a child's death as a suicide, when no conclusive evidence supports that, smear's our family name. It publicly convicts the child of a crime, of self-murder, without due process. It is hurtful and not at all in line with the guidelines issued by the federal government to Medical Examiners where treatment of grieving families is concerned. Ergo, tortious.


We have said this the whole time. Heller simply demands nothing so much as deJong refuses to admit that she is wrong. Digging in like a mule is "tortious" on its ugly face. It's also capricious and arbitrary, which Theresa argued to the court's deaf ears.


Page 3.


Plaintiff-Appellant Heller now seeks further appellate review in this court. Notably, she seeks to argue the "contested case" issue and a "weight of the evidence" issue that she never briefed in the Court of Appeals.


Incorrect. The Court of Appeals, like the lower court, did not address any of the Exhibits filed along with Theresa's appeal. The Exhibits included a stack of letters, which went unread by the M.E. for months after delivery, all attesting to Charlie's nature. They also included the Kalamazoo County Corporations Counsel's email, offering to change the Cause of Death to Indeterminate if only she and I (!) would both give up our Constitutional rights to free speech. They also included dozens of emails sent back and forth between deJong and her employers that demonstrate her capricious and arbitrary (if not authoritarian) bent. They also included a fraudulent "comparison" report that deJong would have the courts believe substantiates her decision in our case, a "comparison" that is only relevant in that Charlie was a boy, and so was the boy in the other case. The similarities begin and end there.


"Far afield" is what they call that. At least that's what David Ferris called it when deJong bore false witness against the man, got him thrown in jail up in Cadillac. She hides behind the veil of immunity while doing the wrong thing, time after time. It is the story of Joyce deJong's life.

Theresa's attorney was, in fact, cut off in mid-sentence at the Court of Appeals, not allowed to present the evidence, which indeed has great weight. And they know it.

Page 5.


Plaintiff-Appellant Heller has no factual or legal basis under that Act or otherwise to claim that the lower courts erred by dismissing of her "appeal" against Medical Examiner deJong's "manner of death" classification. Because Heller's application effectively asks this court to re-write the clear and unambiguous terms of the statute, she cannot properly invoke any of the "grounds" recognized by MCR 7.305(B).

No, Mr. High Dollar Attorney, all my sister is asking you to do is check a box on a government form, which wouldn't cost the taxpayers anything. 
Anyway, read that again, especially the last sentence:

"Because (she) effectively asks the court to blah-blah-blah, she cannot properly invoke any of the blah blah blah." She doesn't ask the court to do any such thing; that is a characterization made by an attorney, not a fact. To represent that a characterization is a cause of action to support their claim is just... gobbledegook. It further demonstrates that the County, in the matter of defending their poor excuse for a Medical Examiner, is being capricious and arbitrary. An issue we raised before being interrupted. An issue the Defendant never had to address because the Court of Appeals did not ask a single question of their attorney. Not one.

It also happens to be snide and cruel, which is clearly what any citizen who has any dispute with any County official about anything can expect. It's how we roll here - the real Kalamazoo Promise.

There is so much rotten meat in this Answer that I would not ask you, Dear Reader, to digest it all. Let's wrap it up and skip ahead to Page 11.

No record was developed with regard to the "evidence" for Dr. deJong's manner of death classification. Even assuming any appellate jurisdiction could be found to exist, there is nothing for this Court to review in that regard.

If only that were true. We provided (published) statistics that prove that the chances of a boy Charlie's age and in his life circumstances killing himself in broad daylight in his front yard were - ready? - one-fourth of one-half of one-third of one-thousandth of one percent. The letters from friends, family members and his physician bore that out. But deJong didn't care about things like arithmetic and language any more than she cared about following her own Code of Conduct.

So we tried physics; our attorney had a meeting with deJong that also included attorneys representing her, Thom Canny and Paul Hudson. Our attorney presented a model of the horribly unfortunate event that cost Charlie his life to show them that it was much more likely to be an accident than anything else. It was after that meeting that deJong offered to trade "Indeterminate" for "Shut Your Mouths", a coercive and cynical offer that was glossed over by the Court of Appeals.

That's what the "evidence" is. But you can't tell that to the smarmy attorney representing Kalamazoo County and its rogue Medical Examiner in this case - all you'll get is, "he throws everything at the wall to see what sticks." That's in quotation marks because THAT'S WHAT HE ARGUED in the lower court case. And the puppet judge bobbed his head. (He has it in for my sister because of another case.)

Belittling and demeaning and discounting a grieving family's presentation of evidence in their appeal to right the wrongs perpetrated by serial error Joyce deJong is... What is it? Anybody? Ah? Capricious and arbitrary. Which we argue to this day.

I've no faith, people. The powers that be don't answer to the citizen. They just don't.

Not here.

pH 7.24.19




Friday, May 17, 2019

The Stress was Too Much

We often wondered if the stress would kill Theresa. If she might literally die of a broken heart after the loss of her young son... Close. She is in a hospital on the other side of the state. So if she dies the local Medical Examiner, Joyce "Little Miss Can't Be Wrong" deJong, won't get to do to her what she did to Charlie.

It is too much. My sister's antagonists, the ones who have the power to simply not torment her, will not stop until she is dead, obviously. Isn't that what monsters do?

This Penny Dreadful is brought to you by:

Kalamazoo County Corporations Counsel Elizabeth White and her predecessors Amber Beebe and Thom Canny. They treated my sibling like a pest and not a citizen whose taxes provide the silk pillows upon which these pigs have been carried throughout their illustrious "careers".

Medical Examiner Joyce deJong and her pit bull, JoAnn Catania, who violated practically every word of their own code of conduct in being so stupid and cruel to a grieving mother, whose frantic, frightened attempts at CPR failed to bring Charlie back. They were wrong, they knew it, and they made her take them to court anyway.

WMed Stryker School of Medicine, and its host campus Western Michigan University - her alma mater for fuck's sake - which gives WMed aid and cover and employs this coven of witches, knowing all along what they've done.

A former neighborhood kid named Ellery, who claims to have filmed my nephew's hanging death as part of some sick, twisted, grotesque "challenge", and further claims to have posted such a video online. I published her texts. We called the police; they don't care.

Those are the conspirators in the killing of my sister. If they achieve their goals Theresa will be reunited with her dear son Charlie in the only way that she ever can be.

There will be surgery. Double aneurysm. Again, lucky for her, she's out Detroit way. In a big hospital that isn't staffed by the 'C' students of the world, which is what you'll find in Kalamazoo on a good day.

Coming home from the Court of Appeals two weeks ago, from dealing with the coroner's endless bullshit, we got T-boned by a van. Maybe the force of the collision, which totalled both vehicles, was causative... But so is the stress. And it needn't be.

Tired of writing about it.

pH