settlement-violating City of Portland retaliation v. competing interest of US constitutionalism.

---------- Forwarded message ----------
From: mary rose lenore eng 
Date: Thu, Apr 27, 2017 at 10:16 PM
Subject: Mary Eng CRC hearing suddenly cancelled to Exonerate Todd Engstrom wrist-crushing
To: crc@portlandoregon.gov, "Geissler, Jonas (CRT)" , "Brown, Adrian (USAOR)" , jared.hager@usdoj.gov, Portland Copwatch , Roger David Hardesty , jkafoury@kafourymcdougal.com, Barry Joe Stull , Joe Walsh , joe anybody

Dear members of the Citizen Review Commitee:

I filed a timely appeal of a complaint about 6-29-16 retaliatory excessive force misconduct which resulted in an investigation and findings.

It is my understanding my wrists were crushed in a "pain compliance" technique which is both unconstitutional, cruel, a human rights violation and also inappropriate to my compliance witht he wrongful arrest.

My left thumb hurts as i write this letter due to injuries from this assault, despite IPR, PPB, IA self-exoneration.

I hope to provide valuable insights to how Internal Affairs conducts their investigation, and consider my offer to pursue an appeal a form of community service to enhance understanding of human policing. I was very much looking forward to the appeal as a first chance to make a face-to-face connection with caring individuals who balance needs for settlement-violating City of Portland retaliation with competing interest of US constitutionalism.

I received the following letter from IPR stating they were going to schedule a hearing. Shortly after that, they cancelled the hearing and closed the case.

It appears that IPR is failing to follow city code.

I would love to send all relevant correspondence.

Late March, I thanked IPR for the offer of appeal by email, confirming in my email that the appeal form was filled out and mailed via snail mail.  In this email i had numerous questions about procedure and process which were ignored.

I awaited further response about technology, filming, and other logistical questions about evidentiary procedure.

Upon receipt of an email duplicate of a snail mail promising a hearing date, i wrote back a short thank you, and proceeded to gather my files and records.

The request for more info, was a vague request, and i am seeking more understanding of how IPR now seems to not respect a simple appeals request form any more, and is now asking for more info, and cancelling cases to pre-screen embarrassing cases.

I have found out a similar strategy is being used re: Barry Stull appeal which also involves Officer A (Todd Engstrom) who in both cases--- is accused of excessive force resulting in wrist injury.

The possibility that IPR is trying to protect Engstrom's reputation as a trainer, may be in force, as two similar instances of wrist crushing exoneration appeals are being stymied at IPR level through what looks like a malfeasant loophole, invented in violation of city code.

I have asked Severe to re-open my case, and re-send me the letter he alleges was sent by the assistant director which i did not receive.

I believe IPR may have negligently or accidentally or malfeasantly mailed a letter to an incorrect address and then accused me of not responding.

Perhaps the US Post lost the letter.

In the instance that demands in excess of the city code were applied to me, via mail i did not receive, even if the procedure is improper and a violation of my rights to appeal, it does seem exceptional for IPR to expect me to answer mail i do not receive from Assistant Director Bent-Alpert.

I do find Severe's request for "more info" to be so excessively vague as to to be misleading.

It seems the creation of a "more info" loophole as an excuse to terminate cases rapidly, is unfair, as he provided no timeline.

as ten months is what he took to get it to this point, i wasnt sure if i was supposed to wait and wait for many more months, or why he would not answer my questions about the hearing procedure.

Was the reason because my hearing was being deliberately stymied?

Let's hope not.

I have so far received no response, but am keeping DOJ in the loop.

Thanks for making note of these bizarre twists in "accountability" land,

Mary Eng

As April progressed, I became concerned that Director Severe ignored my request for info on how Hearing would proceed.

I became concerned that no dates were forthcoming, and my questions about how CRC works were ignored.

I have specified concern that my request for ADA accommodations were also ignored, and that should i succeed at re-opening this appeal, which has been wrongly closed, i seek an ASL interpreter for the presence of Phil Wolfe, in addition to all accommodations i may need for my ADA needs.

Per City Code 3.21.150
https://www.portlandoregon.gov/citycode/article/535115
when the Director receives and accepts a timely request for review, A Case File Review and Appeal Haering shall be scheduled before the Committee.

the following email misled me that a hearing would be set, and i could gather my papers and documents and records and many writings and blogs and video evidence on the matter.

Internal Affairs Investigator Jon Rhodes at Portland Police also failed to provide 911 call transcript scanned which i specifically sought.

Yesterday i received the case-closed letter, with no attention to the many questions i had that would help me properly abide by CRC hearing protocol and decorum.

Here is the Body of the letter i received:

March 30, 2017

Mary Eng

IPR Case Number: 2016-C-0231

Dear Ms. Eng:

This letter acknowledges receipt of your Appeal Request on the above case. In addition, please provide in writing specific information regarding your dissatisfaction with the investigation and the Police Bureau’s findings on the allegations. This will help the Citizen Review Committee have a better understanding of your written comments about the investigation.

We are currently looking for possible dates to schedule the hearing. Once we have a date selected, we will send you a formal notice with more information about the hearing.  Please also let me know if you have any additional questions about the appeal hearing process.

This notice is also being sent to your mailing address.

                  

Sincerely,

Constantin Severe

Director