My Quest for Justice in America and what I found instead: Criminals illegally HUD funded at Pickford/Leonard.

Fellow Americans:

In 1999 I learned that the Pickford/Leonard housing complex in Corvallis, Oregon had a new property management company -- the Linn Benton Housing Authority. When the mothers at Pickford/Leonard saw that James Hackett and Jim Moorefield were violating federal laws enacted to protect our children we also learned that James Hackett ran that housing authority without any valid oversight either locally or in Washington D.C.

James Hackett (executive director of the Linn Benton Housing Authority) and Jim Moorefield (executive director of Willamette Neighborhood Housing Services - which was formerly Corvallis Neighborhood Housing Services) vied for all of the IRS tax credits that came to Benton County through the State's Housing Office in Salem. In order to win these very lucrative enticements to invest in housing developments, these two individuals had to give the appearance that the housing they had created through these systems in the past were full and doing well. They were also required to abide by federal laws in the housing that they created with the American tax payers' money.

[Quick lesson on IRS tax credits: HUD provides dollar for dollar tax credits through the IRS for investors in Low Income Housing. Each state gets tax credits to distribute to those willing to invest in the creation of such housing. The Housing Office in Salem told me that the Linn Benton Housing Authority and Willamette Neighborhood Housing "trade off"in securing the tax credits allotted for Benton County. The private investors - who are a secret - are exempt the same amount in taxes as they invest and they get to own the housing developed with their private investment down the line. After a certain point they can change it to "for profit" housing and remodel it to their taste and rent it to anyone or sell it. This is going on all over Oregon and all over the United States. The conflict of interest when a housing authority invests in this way is extremely harmful to American Society. It is the reason we have so much crime in our neighborhoods.]

Six of the units at Pickford/Leonard were difficult to fill. They were old, hot in the summer, did not have washers or dryers, and were far from downtown Corvallis with poor public transportation - especially on weekends and evenings. They were often empty.

All of a sudden, after James Hackett became the property manager, all of the units at Pickford/Leonard were full.

Seventeen children lived in the other units, mostly with single moms.

We learned over time that James Hackett had filled the older units that no one would rent with felons and gave each of the units a HUD voucher. In this way there was a money flow from the federal government to the Linn Benton Housing Authority to the felon and back to the housing authority and into the new development, Camas Commons, that Jim Moorefield and James Hackett were creating.

Sometimes the working poor have a hard time paying the rent.

Not true of a felon with a voucher. This was guaranteed rent on the first of every month straight from the federal government.

Now there are some federal statutes that were enacted to protect children from dangerous individuals. I will list some of those statutes here:

Title 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

Sec. 13661. screening of applicants for federally assisted housing

(a) Ineligibility because of illegal drug users and alcohol abusers

(1) In general

Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household member

(A) who the public housing agency or owner determines is illegally using a controlled substance, or

(B) with respect to whom the public housing agency or owner determine that it has reasonable cause to believe that such household members illegal use (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

Sec. 13663 Ineligibility of dangerous sex offenders for admission to public housing

(a) In general

Notwithstanding any other provision of law, an owner of federally funded housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.

Protection of Children Laws were found in the U.S. Code via GPO Access
(wais, access, cpo.gov) [Laws in affect as of January 7, 2003]



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These extremely important federal statutes can be found in any law library. They can also be found online. Phyllis Wagoner told me exactly where to find them online after Congressman Peter DeFazio sent them to James Hackett and the Benton and Linn County Commissioners (Phyllis Wagoner is the Aid to Congressman DeFazio in his Eugene Office).

About two years ago I lifted these laws directly off of the online Federal Statutes and pasted them into a document that the United States District Court Judge Michael Hogan requested of me for my federal court case against James Hackett and the Linn Benton Housing Authority -- he had asked me to identify the laws violated by the Defendants. That was Document #87, pages 7 and 8 that was submitted to the U.S. Court for my case on May 7, 2008.

Judge Michael Hogan also had been provided with Congressman DeFazio's letter with these laws attached. This letter and the attached statutes were submitted with my first filing in the federal court on August 20, 2007. Judge Michael Hogan was also provided with a letter from Ms. Pitts who works in the legal office for HUD in Washington, D.C.. In Ms. Pitts' letter she told of these laws enacted to protect children.

Linn County Commissioner John Lindsey wrote two letters to the Assistant Secretary for Fair Housing Floyd May five years ago and attached Congressman DeFazio's letter with these statutes to his letter. This was also provided to Judge Hogan several times during the history of my federal court case. Commissioner Lindsey also wrote a Declaration for the Ninth Circuit Court of Appeals in which he stated:

3. " I have been following the above referenced case in federal court and also the claims through the office of Fair Housing and Equal Opportunity that tolled the Statute of Limitations for the claims in federal court."

4. "I am aware that James Hackett and the Linn Benton Housing Authority HUD funded a unit in which registered sex offender lived in close proximity to the Appellant's child and other children."

5. "I am aware that James Hackett and the Linn Benton Housing Authority HUD funded units at Pickford/Leonard in which other dangerous career criminals lived in close proximity to the Appellant's child and other children."

6. "I am aware of the federal statutes that were enacted to protect children from dangerous felons and registered sex offenders and make it illegal to HUD fund these individuals."


In Judge Michael R. Hogan's Order #260 which was submitted to the Court on February 4, 2010 he wrote:

"Rosenfeld cites no authority (and I find none), to mandate that a prospective tenant previously convicted of criminal conduct be excluded from tenancy on that basis alone. In other words, there is no statutory support for plaintiff's allegedly protected activity of complaining about LBHA renting to former felons."


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Now I will tell you about the criminals that James Hackett and Jim Moorefield placed and HUD funded at Pickford/Leonard and then refused to remove when the mothers complained over and over and over again that our children were suffering and that all of us were living in fear.

FELON #1

The first pedophile moved into the upstairs of my home at 2601 SW Leonard Street in south Corvallis just before Christmas in 1999. I heard my neighbor's mother screaming my name as she ran down the stairs at six in the morning and I opened the door that gave me a view of the stairs to the two apartments above. Nancy was screaming and running down the stairs and a man was chasing her and photographing her over and over again at close range. She yelled for me to call the police and then she ran up the stairs and we each called 911. Officer Neil Holcomb came to the rescue. He met with us in the yard outside and told us that he had wondered where "they" had moved the man that now lived upstairs.

Later when Barbara who worked at the Corvallis Police Department counter, and is as sweet as can be, looked up this individual's record I was given a printed document eleven pages long with listings of over sixty arraignments. The Police Department had carefully blackened out twenty of them and when I asked why I was told that quite a few had to do with children.

Soon each of the families with children at Pickford/Leonard saw bright camera flashes at the cracks in the curtains at night when our children were undressing inside. If we parted the curtains quickly we saw our pedophile running from the window and heard him run up the stairs and slam the door to his apartment above. I witnessed as he photographed through other tenants' windows as well as my own.

One young lady who was fourteen started crying when she told me about how she was naked when she saw the flash of his camera at the crack in her curtains as she prepared for bed one night. I will never forget the look of fear and humiliation on her face.

He softly tapped at my daughter's bedroom window at two in the morning. After she told me about this I began waiting in her room and when I heard the tapping I quickly looked out the window and saw him run for the front of the house and then I heard him run up the stairs to his apartment and close the door. My daughter was ten-years-old.

We began finding our door open just a bit in the mornings and I walked my daughter to the door and we checked each night to make sure that it was secure. During the last hearing that we attended with Judge Robert S. Gardner in our effort to obtain a stalking protective order, one of the neighbors testified that our pedophile had lock smith tools with which he bragged he could open any door. This neighbor also explained how our pedophile did not pay his phone bill and asked if he could splice into the phone wires at the corner Qwest post and share phone service for his computer bank upstairs. Later he actually used his computers to access the Corvallis phone system. This testimony helped me a lot as I had crawled under the house many times in an effort to find out how our pedophile was tapping our phone. I had looked for an actual splice in the wires beneath the floor and all the while it was elsewhere. My neighbor took the cap off of the Qwest phone post on the corner and showed me where our pedophile went night after night to play with our phone service before he used his computers for the same purpose.

We heard a pick up on the line and we did not have an extension. Often we would hear him snarl and once he played a recording that sounded like our own children laughing. We could hear that recording coming from behind his door too. When I called Nancy upstairs I heard the phone ring in our pedophile's apartment. The same happened when she called me.

When we heard him at our windows and became frightened and called the police we heard him pick up the phone and then we would be disconnected for fifteen minutes. Once after he jumped in front of my daughter as she went out the door and he took a picture of her face from a few inches away, I called the police and Luther MacLean came to the house. Officer MacLean arrested him for illegally recording him and our pedophile spent a night in jail. Upon his return he began throwing heavy objects around in his apartment in anger. I found that I no longer had phone service at all over night. The next day the phone company researched and explained that someone had sent a surge of electricity through the wires and burned out just my circuit in the building used by the phone company that is next to the Benton County Court House in Corvallis.

Poor Tricia who lived with her little girl upstairs had her phone burned up on the inside.

Our pedophile stood right next to my window often at night and I could smell his cigarette and found piles of his cigarette butts on the ground next to the window in my organic garden. He often urinated on my vegetables and we could smell this throughout the garden and see the pattern of drizzle burned into the beet leaves. When I tried to work in the garden he would whisper to me from the window above or photograph continually.

Nancy's beautiful flowers were destroyed by his urine too.

None of the children were allowed outside anymore.

And then he started slashing things.

My neighbor reported that he had seen three large knives on the counter in the pedophile's apartment. My daughter's swimming pool was stabbed. Shauna's children's swimming pool was slashed. The oil plug was removed from Shauna's car in the night and her engine froze on her way to work. Sugar was put in the tank of my car destroying the engine.

Jim Gabbard's tires were slashed and the bolts were removed that held his axles in place and he almost crashed on Highway 34. Luckily he told me about this and I checked under my car and found that the engine bolts were removed and the oil filter loosened. Jim's timely notice saved that car.

When I began finding knife marks on my car, Joe Boyer and another FBI agent came to my house and told me that it is a classic sign when someone starts slashing your car that they want to be slashing you. They went upstairs and knocked on the pedophile's door and he would not answer. They wanted to talk to him about his use of our phones. By this time our door was often found open in the mornings and we were terrified and I no longer slept.

The Portland FBI told me that they did not want to investigate the doings of our resident pedophile because he was mentally ill and would only be sent to a mental institution for six months and it was "not worth the tax payers money to investigate him." Joe Boyer told me that too when he stood on my back porch. He said that his boss in Portland had told him that

I truly believe that if any tiny bit of the horror we experienced had happened in a rich neighborhood the FBI would have investigated and arrested this individual that caused so much terror for the seventeen children at Pickford/Leonard.

Sergeant Shelly Fialla with the Corvallis Police told me that she called our housing providers to ask them why they would not help us and she gave me a "heads up" that they implied that I was mentally ill.

After this some of the police would not come to the house when we called. When they did come some of them wrote reports that were not in keeping with the truth of that which we told them. I remember one time when this happened I went to the police department and complained to then Captain Gary Boldizsar and he told me that I could give a supplemental report to Sergeant Todd Bailey. I went into a little room with Sergeant Todd Bailey and he simply sat and looked at me as I reported what had happened. I finally said:

"Shouldn't you be writing this down?"

"No, I am not going to write it down."

"Why?" I asked.

"Because you are insane."

I told him that if I were insane it would still be important for him to protect my child from a pedophile, and that I was not insane.

The Chief of Police at that time was Pam Roskowski and when I told her about the way some of the police were not responding to our urgent need for help she told me to directly call Captain Boldizsar each time we needed help. I had met Gary Boldizsar early in this nightmare. Chief Roskowski had facilitated a meeting at the Benton County Health Department at my request when a little girl moved to Pickford/Leonard and recognized our pedophile from a photograph that Sheriff Swinyard gave me.

This child turned white and started trembling when she saw his image and said that he had chased her in a truck on her way to school the previous year on about April 1, 2000. She described the truck as blue with a silver zig-zag on the side. I remembered that truck was parked in front of our house on April 1, 2000 and I had asked Don Jones (he worked under James Hackett) if our pedophile was allowed to drive because I saw him get out of the truck. He told me that he was not allowed to drive.

I went to Lincoln School and learned that the little girl was so terrified at this man that hid behind objects and stalked her on her way to school and took her picture over and over again at close range that the school counselor walked the little girl home. Since she lived on Crystal Lake Drive at that time, the Benton County Sheriff's Department was called and they staked out the school looking for our pedophile who had parked the blue pickup in front of my house and was upstairs waiting for the next child he could frighten, or worse.

Corvallis Police Officer Luther MacLean and Washington D.C. FBI Agent Mike Rogers each did a profile on our resident pedophile and told me that he had a profile of "psychopathic serial killer."

Mike Rogers was aghast that Corvallis was allowing the children at Pickford/Leonard to be terrorized by this individual. Mike Rogers retired after 25 years with the FBI in Washington, D.C. and now works as the Director of the Alumni Center at the Citadel.

I called the head of Mental Health for the State of Oregon, Barry Kast (who used to be head of Mental Heath for Benton County), and he told me that he remembered our resident pedophile and that I should be careful as he was "extremely dangerous."

One night when I dialed 911 the dispatch lady that answered said that our pedophile used to live across the street from her and she had to move.

I reported every single part of this to James Hackett, Jim Moorefield, and others in the Linn Benton Housing Authority and Corvallis Neighborhood Housing Services. Each of the mothers wrote letters to James Hackett seeking help and gave copies to Detective Mark Posler.

I called Corvallis City Manager Jon Nelson and told him that I wanted to go before the city council. He told me that he would rather that I did not. Dawn Phillips and I went before Corvallis City Council as they subsidized that housing and we went to the Board of Corvallis Neighborhood Housing Services. I went to the Benton County Commissioners because they have oversight of the housing authority according to Oregon Revised Statutes 456 and because they are responsible for the placements of severely mentally ill individuals in Benton County.

The first time I called James Hackett and asked him to help he told me that the last time he saw our pedophile it was in court and he had chased a woman for a month photographing her continually. James Hackett knew that this man stalked people and he placed him in our home with seventeen children and single moms all around.

I learned in the Final Investigative Reports for the first claim that the United States Office of Fair Housing and Equal Opportunity took out against Mr. Hackett and the Linn Benton Housing Authority that he would laugh in the housing authority and have managerial meetings with the topic of how to get rid of me when I called desperately seeking help for my child. I also learned that Paulette Postell who had worked at the Linn Benton Housing Authority for twenty years and Rick Stewart who had worked there for fourteen years each told James Hackett that he could not place the pedophile in my house. They had seen his criminal history and Mr. Stewart had talked to Officer Neil Holcomb of the police force and was fearful of what might happen to the children at Pickford/Leonard. James Hackett told them that he was going to place this dangerous individual around our children anyway "for money reasons." He soon got rid of these two excellent employees because they challenged his violations of housing authority policy and federal law that mandate that every HUD recipient have a background check and not cause other tenants to suffer a hostile living environment.

In September 2000, Judge Robert S. Gardner evicted our pedophile from our house with the issuance of a protective order. All of the children danced in the grass between the houses on the day that he left.

The pedophile began violating the protective order immediately and did so continually until I moved from that housing in 2004.

Several months after my protective order evicted the pedophile, James Hackett subpoenaed me to a "hearing"at the Linn Benton Housing Authority at which it was to be decided whether this individual would retain his HUD voucher. I brought my permanent protective order on which it was written that the pedophile was NEVER to be within one city block of my child or me. James Hackett forced me to sit across the table from the pedophile and allowed him to ask me questions. James Hackett would not let me ask anything or speak except for "yes" or "no" answers. James Hackett refused to accept a copy of the protective order as proof of stalking at Pickford/Leonard and our pedophile kept his voucher and moved into the Oceana Apartments in Corvallis. He lasted there about two weeks and he was evicted by the manager for looking in the windows at night and severing the phone service for the manager at the Qwest box attached to the outside of the apartments. He was then moved into the Julian Hotel in Corvallis where he assaulted the assistant manager and destroyed the apartment. He now lives in the upstairs of a house in Corvallis.

Our resident pedophile was the first of nine felons that James Hackett and Jim Moorefield placed around seventeen children at Pickford/Leonard.

FELON #2

The second felon that James Hackett HUD funded at Pickford/Leonard came out of the penitentiary the day he moved upstairs in my house. He has a long history of felonies that includes possession and manufacture of a controlled substance, burglary, theft, and forgery.

He boarded up the entrance to the apartment so the police could not enter and he entered through the upstairs window. I would hear him drop down onto my back porch often in the middle of the night when the police banged on his door.

One night, one of the other mothers who was named Kristi woke and went upstairs at about 2 am when she sensed something was wrong. She caught our resident meth dealer climbing through the window where her two little girls slept.

I could hear our resident meth dealer in the front hallway talking to his teenage son and explaining how he changed "hoopties" every two weeks so the police did not know what his car looked like. Hooptie is slang for old car. During that same conversation I heard him showing off his latest crystal methamphetamine.

Our resident methamphetamine dealer gave the teenagers in the neighborhood a white muslin bag of tools and an old bicycle and taught them how to break bike locks and sent them to Oregon State University's campus nightly to steal beautiful bikes from the unsuspecting students.

Our meth dealer paid his fledgling thieves with methamphetamine.

Treks and Cannondales and Bianchi bikes went up the stairs of my house and I could hear bike dissembling parties with music blaring to cover up the sound of wrenches ratcheting apart the stolen bikes. In the morning a fancy sports car pulled up in front of the house and our meth dealer traded a big box of bike parts for a clear container (like the ones that cottage cheese comes in) full of what looked like quartz crystals.

I remember calling the police one morning as the meth dealers/bike theives stood next to my window for fifteen minutes shooting the breeze with a box of bike parts and meth crystals in hand. I called three times and no one ever came.

I called the police department in the afternoon and asked who was on duty that morning during that fifteen minute time span. I was told that Officer Brett Roach had south Corvallis that morning. I asked why he had not responded to my call and I was told that possibly he was busy elsewhere.

[Brett Roach is the same police that shot mentally ill Richard Dean Townsend in the back and killed him in November 2005 and then held a loaded gun on my child several months later in front of me.

Brett Roach also told one of my friends that I am insane recently and I will submit an affidavit to the court from that individual.

I met Richard Dean Townsend's mother in Fred Meyer about a year-and-one-half ago. She told me of her son's death. She told me that she was heartbroken and asked me to help her so I reviewed the police reports and requested the Oregon State Autopsy Report. District Attorney John Haroldson blocked the release of the autopsy report I was told by the Chief Medical Examiner in Portland. She told me that he had no legal right to do this and that she would threaten to sue Benton County if he did not release the report to Richard Dean Townsend's mother.

When I got the reports I learned that Brett Roach decided to go out looking for Mr.Townsend that evening. The police were well aware that he could be a handful when drunk and that several officers would be needed to subdue him. They also knew that his mother had requested that she be called first if anything came up since he was mentally ill.

Four shots were fired into Richard Dean Townsend. The first one, the autopsy report verifies, was in his back and entered his heart, killing him.]

The Valiant Team (Benton County Sheriff's Drug Enforcement Unit at the time) called me and told me they were going to do a controlled buy from my resident meth dealer and that I should pretend that I did not know them if I happened to see them come to the house. They told me that each of the containers was worth about $1000. They also asked me to take down any license numbers on the cars belonging to the meth gang involved. Soon after that the sports car stopped in front of my house while I was working in the garden and a man walked up to me and said:

"If you take down any more license plate numbers you will have me to deal with."

The Valiant Team made a showing one afternoon. They were scrubbed clean with walking shorts and knee high socks and stocking caps and three day beards. They looked like Boy Scout leaders after three days on the yearly camping trip. They called ahead so that I would unlock the outer front door of the house.

One night I heard my meth dealer walking down the stairs and out the door and I peeked from the window and saw him with another notorious felon walking toward Chestnut Village which is a large complex full of students next to Pickford/Leonard. Each of the thieves was dressed all in black and carried a white muslin bag that jangled in the moonlight as they disappeared from view. Ten minutes passed and car alarms could be heard from Chestnut Village. The next day the word went out to all of the Pickford/Leonard residents that if anyone wanted an excellent car radio they were invited to the apartment above mine to choose one at a very good price.

Our resident meth dealer was extremely violent at times. I could hear him throw his girlfriend into the walls and I could hear his six-month-old scream with the kind of scream that wrenched my heart.

I was frightened and yet I went up the stairs and knocked and said:

"Hey, do you two need a babysitter?"

I looked at the baby and he begged me with his eyes to help him.

I met with the other mothers at Pickford/Leonard to see if they knew anything about what was going on with this little boy. One of the mothers told me that her mother babysat for the child and had turned the meth dealer in to Children's Services because she had found track marks from needles on his little arms where this child was being injected with methamphetamine.

Soon after that Children's Services removed the baby from the parents and the parents remained in their HUD funded unit upstairs.

Three of the mothers at Pickford/Leonard went to the police and begged for help.

Again, call after call was made to James Hackett and the Linn Benton Housing Authority and Jim Moorefield and Corvallis Neighborhood Housing Services. Half way into our meth dealer's residency upstairs we realized that he was not officially on the lease and that it was against policy for him to live there. We made Don Jones who worked with James Hackett aware of this and he told us soon afterward that James Hackett had remedied this by putting him on the lease.

Our meth dealer was evicted after the third time that he flooded my apartment by overflowing a washing machine upstairs. I came home and found my kitchen with two inches of water on the floor. All of the ingredients that I had laid out to bake cakes for Rogue Wave Software were soaked and the kitchen never smelled sweet again.

Our methamphetamine dealer lived upstairs for about nine months and dealt meth and stole bikes the entire time. Oregon State University's State Police Office knew his name and told me that they had been trying to catch him for a long time.

In 2008 the little boy that was the son of this felon was found dead in the Independence River along with his older brother. They had gone fishing and no one is sure what happened. He was eight-years-old. It was reported that he may have been autistic.

I will never forget his eyes when they locked with mine in the upstairs of my house when he was six-months-old.

FELON #3

Next there was a prostitute who used to hang out of the window upstairs naked -- and she was well endowed, Jim Gabbard who lived next door reported. She was calling out to her potential clients. Pirates of the Caribbean comes to mind.

I remember the sheriffs knocking on my door with felony warrants for her.

I also remember O.S.U. football players carrying a bottle of whiskey and asking me if I knew if this was the right house. They were pretty drunk by the time they got to Pickford/Leonard. They had walked. I remember that time our prostitute asked me from the window not to tell anyone because her girl friend that was also upstairs was just sixteen. The football players told me that their coach would not be happy if I reported their visit to anyone.

One day the heroin dealer that almost killed my son on O.S.U. campus visited our resident prostitute upstairs.

(This young man was the reason we were forced to move to Pickford/Leonard -- my son needed a surgery and Benton County would not prosecute this extremely troubled kid that smashed my son's head into the sidewalk over and over again until he was unconscious and then began kicking him in the face, neck and chest with the intent to kill him. This was his confession to me that I brought to first District Attorney Peter Sandrock and then to District Attorney Scott Heiser and neither did anything. I went to the Crime Victim's Insurance office in the State Government and met with Attorney General Hardy Myers and finally my son was granted 100% of that insurance which is only possible if you are 100% innocent)

This guy was sitting in a car in the parking lot with our prostitute and I approached and asked this guy to please never come to my house again. I told him that my daughter and I did not want to see him again after what he had done to my son.

Several days later I was watering the garden at six in the morning and he came out of my house so I watered him too. He started to lunge for me and then changed his mind and left.

I believe that he was the shooter in a South Corvallis drive by shooting in which his brother was arrested and sent to jail for five years for driving the car. That was after he almost killed my son and nothing was done.

One day my friend, Brenda, called me and told me that the kid that almost killed my son was being held in Salem for breaking into Les and Bob's Sporting Goods and stealing an arsenal of guns and taking them to Corvallis High for sale. I called Assistant Principal Steve Losey and asked him what happened. He told me that he knew of the theft and suspected this kid and saw a bulge under his clothes and tackled him to the floor in the hallway. He found a gun on him and more in his locker. Steve Losey told me that the kid had been shooting the guns outside to demonstrate them for other students who were potential buyers. Again, nothing was done.

Once when Officer Teeter came to my house to help with complaints about our felons I wondered why he was limping and he told me that my son's assailant had shop lifted at Fred Meyer and he was arresting him in the parking lot and this kid kicked him in the knee and shattered his knee. The kid did not turn up for a hearing and fled to Portland. Nothing was done.

It took us about two years before we could have a surgery for my son at O.H.S.U because nothing was done to help us through the Benton County D.A.'s Office ----- absolutely nothing.

The O.H.S.U. neurosurgeons said that it was as if my son had dove into a pool without any water in causing severe neck injuries. His nose was broken in five places and had to be completely removed from his face internally and repositioned two years after the assault because it was covered up by Benton County and Corvallis. He lost half of his vision in one of his eyes.

I do believe that something is wrong here.

Anyway, that is why my daughter and I ended up in low income housing in Corvallis and that is why I watered down the prostitute's client that early morning and reminded him not to come back. I think it is the only violent thing I have ever done in my life and I did report it to Corvallis Police Chief Gary Boldizsar.

I will tell you about the felon that killed our beautiful Maine Coon cat and about the Registered Sex Offender that sodomized a young girl, spent time in the penitentiary and then spent a year next door, HUD funded by James Hackett, later. I will also tell you about the man that greased down his body and masturbated in front of his young daughter and beat his older daughter and I could hear her screaming.

I just found out today that Judge Ann Aiken, Chief Judge for the District Court in Oregon, gave the motion that I asked that she judge (concerning the recusal of Judge Hogan) over to Judge Hogan so he could decide if he was prejudice, bias, and ethically unfit to judge my case himself.

I will tell you why I came to believe that Judge Michael R. Hogan is prejudice, biased, and ethically unfit to judge my case next.

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INDEX

Blog #1 - "My Quest for Justice in America and what I found instead" (4-12-2010)

Blog #2 - "My Heroes" (5-7-2010)

Blog #3 - "James Hackett using the Linn Benton Housing Authority to make money off the
backs of the Poor" (5-11-2010)

Blog #4 - "Criminals illegally HUD funded at Pickford/Leonard" (5-18-2010)

Blog #5 - "Judge Michael R. Hogan's intentional Obstruction of Justice" (5-25-2010)

My Quest for Justice and what I found instead: Failure to enforce Protection of Children Statutes by HUD, HUD OIG and Courts.

                                                        APPENDIX M

                       SUPREME COURT OF THE UNITED STATES

MARIA CATERINA ROSENFELD, et al, Appellant                                 No. 12-10165                                                                                                                     

v

James Hackett, Linn-Benton Housing Authority, Appellee

AFFIDAVIT   of Linn County Commissioner JOHN K. LINDSEY

I, John K. Lindsey, attest my affidavit to be used in the Supreme Court of the United States in support of the writ of certiorari in the previous mentioned case. It is my belief that a case of administrative retribution was brought onto Ms. Maria Caterina Rosenfeld for her discovery of housing entities failing to enforce federal laws.

I have, therefore, prepared the following statement:

On July 20 and 25, 2005, I received telephone calls from a person identifying herself as Caterina Rosenfeld. She said that she was having problems with the Linn-Benton Housing Authority and the enforcement of housing rules. The call was lengthy and documented. Over the next few months, I followed up by attempting to contact the Executive Director of the Linn-Benton Housing Authority James Hackett. My calls were not returned. These actions resulted in me formulating two questions:

1)  Is it illegal to knowingly house violent felons and sex offenders in federally funded housing projects?

2)      Who actually oversees the housing organizations and who can take corrective action?

            

I discussed these issues with local law enforcement including Corvallis City Police Chief Gary Boldizar who was in charge of the criminal reports in the Rosenfeld complaint. He informed me that everything that Ms. Rosenfeld said to me was accurate and that this willful violation of housing law dated back to 2000, this also included a death. After these revelations, I wrote United States Congressman Peter DeFazio and HUD Under Secretary Floyd May.

Mr. May was helpful in laying out the policy issues and legal issues of this complaint but non-committal on enforcement. Congressman Peter Defazio mailed back the federal statutes that he believed were being violated. It was made clear to me, by both the Under Secretary and the United States Congressman, that the Linn-Benton Housing Authority and the neighboring entity Willamette Neighborhood Housing were willfully violating federal law.

I verbally requested that the Board of the Linn-Benton Housing Authority investigate the incidents and terminate those responsible. It was then communicated to me by Mr. Hackett in a letter dated October 5, 2005 that the Linn-Benton Housing Authority had engaged in no wrong doing and insinuated that all the police investigations were false. This denial was in paragraph three. He also communicated that the County of Linn no longer had jurisdiction over his agency.

I then contacted Oregon State Senator Frank Morse to have a legislative opinion of this interpretation of these rules and that Linn County Attorney Thomas Corr issue an opinion. Senator Morse and County Counsel did not agree on the authority. I then approached the Linn County District Attorney Jason Carlile on enforcing these laws. The District Attorney said that DA’s do not enforce federal statute as a rule and in fact lawsuits were being filed against counties for enforcing US immigration laws. It would not be in the financial interests of Linn County to get into a turf war. I then requested on November 9, 2005 in writing that HUD start an official investigation in this matter. At this time it was apparent to me, given the enormous stack of criminal records and complaints that Mr. Hackett and those involved were being untruthful and deceptive. I continued following up on this issue and in the following year again confronted Mr. Hackett and Jim Moorefield, Director of Willamette Neighborhood Housing about this case in an electronically recorded meeting of the Linn County Board of Commissioners. On the record both men denied ever knowing who Ms. Rosenfeld was even though it was my understanding there were ongoing legal cases and that Mr. Hackett oversaw a hearing with Ms. Rosenfeld and numerous executive sessions.

Over the next two years, I contacted the staff several times of Congressman DeFazio and United States Senator Ron Wyden. Congressman DeFazio’s staff indicated this is a legal issue and Senator Wyden’s staff basically indicated they were not interested. I kept in contact with the Under Secretary of HUD’s office and discussed the ongoing problems with other individuals. I then contacted on several occasions, the office of US Attorney Karen Immergut. I was informed that they only could act if a report was filed by a federal investigator or the Oregon Attorney General. I contacted the office of the Oregon Attorney General Hardy Meyers several times and was informed by staff attorneys that these were federal laws, they did not have jurisdiction. I was interviewed by the FBI over the phone during this time. In the fall of 2008, I checked the sex offender registry against Linn-Benton Housing addresses in Corvallis. It appeared that no action had still been taken on protecting children in those developments. During the fall and into the spring of 2009 I talked with State Senator Morse on having a legislative hearing addressing the issue of sex offenders and felons being protected and shielded by state housing officials. Unfortunately, I fell ill in the March of 2009. At no time up this to point had I ever been questioned or interviewed by a federal housing investigator. My recovery extended through the summer.

During the summer of 2009, I learned that Ms. Rosenfeld was still pursuing justice in this case and protections for those disadvantaged children. I supplied Ms Rosenfeld a notarized statement for that case confirming I was an actual person and that these things happened. I told Ms. Rosenfeld to forward me information and documents on her case so that I could keep abreast of the issues she was pursuing.

During the period of 2009 through 2010, I learned that throughout the State of Oregon the act of housing dangerous felons and registered sex predators with HUD money was taking place. In fact, it had become written state policy as laid out in the 2005 Oregon Governors prison plan. To many, this is an obscure policy document generally not known. This policy was and has been resulting in more violent confrontations between law enforcement and individuals with a history that law enforcement is not aware of. It was during this time I had written and verbal correspondence with Washington County Sheriff Rob Gordon. He was at the time, President of the Oregon Sheriffs Association. The association had put out a signed release from Dec 2007 on the felon question. Today there has been no change in that position. It appears that no state law prevents it and only federal agencies can enforce federal law. I passed some of this information onto Ms. Rosenfeld. I had realized at this point the issue had become much larger than Ms. Rosenfeld’s initial complaint.

On June 1, 2010, I missed a call from Dennis Raschka at the HUD Inspector Generals Office. I returned the call and talked with staff. They believed that all of this case was made up. I assured them of who I was and that Police Chief Gary Boldizar was real.

Later in July 2010, I received an anonymous call from someone who said they had knowledge of contract audits by HUD of the Linn-Benton Housing Authority and abnormalities. After learning this I submitted a request to the Housing Director Cleo Klepzig on August 17, 2010. She would contact me a few months later by phone and tell me the records had been “accidentally” destroyed. A short time after that Ms. Klepzig had to resign due to outstanding child abuse warrants in another state.

While working though the year 2010 I had continued to learn more of the housing of felons and sex predators in HUD sponsored housing projects throughout the state of Oregon. A new twist was using Psychiatric Review Board prisoners to “fill” gaps in public housing without notifying neighbors, law enforcement and public officials. This practice is counter to federal law. At the year end I submitted a legislative request for a fix in state law with Linn County State Representative Andy Olson, Chair of the House Judiciary Committee. I also forwarded it to Senators Frank Morse, Brian Boquist, Lee Beyer and Representatives Phil Barnhart, Sherrie Sprenger and Jim Thompson. 

On Feb 4, 2011, my office of counsel received a public records request from Martin W. Jaqua of the Rickles Law Firm. The request was extremely vague and didn’t have a “direction”. Linn County Attorney Thomas Corr contacted the firm to ask what they were looking for. He tried to explain that Commissioners handle their own calendars appointment and functions individually and the County had no formal review of Ms. Rosenfeld's case. A blanket public records request could become expensive. It was also explained to an “unidentified female” who returned a call back to Mr. Corr that as a matter of process for example; Linn County Commissioner Roger Nyquist does not use a computer and that myself (John Lindsey) does not own a portable electronic device. I prefer paper, and written signatures. She became indignant and threatened the county with lawsuits if “Commissioner Lindsey does not stop snooping”and that the Rickles Firm would take action against the county. When I learned of this from Mr. Corr, I showed him the threat letter the Rickles Firm issued to the one attorney that tried to represent Ms. Rosenfeld. As a public official, lawyers constantly threaten us with lawsuits so I take it with a grain of salt.

In spring 2011, I had a conversation with Rep. Olson on why he had not drafted the legislation [Feb 14?]. He stated that I was lying about the issue and that there were no felons and sex offenders in public housing and that the PSRB individuals are “protected” along with other individuals, under federal rules. No proof of rules have ever been provided to me after six years at this point. I then approached State Senator Jason Atkinson about a similar bill he had introduced because of the proliferation of criminal housing problems in his district. Sen Atkinson showed me a legislative council interpretation saying it would be a violation of criminals’ rights under federal fair housing law and “medical privacy”. This was Deputy Legislative Counsel Joshua Nasbe dated November 3, 2010 with no legal references. I pointed out that in my previous discussions with the United States Attorney Generals office, they stated otherwise and on the A.G. website they state “the act does not extend to such criminals”. I had learned that behind the issue was the outrageous amount of money involved in these contracts and the pockets being lined. I hand delivered a copy of my correspondence in this case to every member of the Oregon Legislature offices.

That caused me to write the ranking member of the United States Judiciary Committee, Senator Charles Grassley on May 18, 2011. A few days previously I had contacted his staff who had said Sen. Grassley was outraged about this activity because he had learned about it several months before. The Senator’s staff informed me of documents entitled HUD Semi-Annual Report to Congress. It became apparent to me, after reading the 2009 report, that no one was watching housing money and still isn’t. I was shocked that the South American gang MS-13 was a qualified provider of housing services.

On June 2, 2011 I wrote a reply to State Senator Jason Atkinson about his bill. I then sent copies of that letter and the correspondence with Senator Grassley with the HUD report certified reciept mail to State Senator Ted Ferrioli and State Representatives Bruce Hanna, Dennis Richardson, Kevin Cameron, Wally Hicks. These were all self proclaimed “tuff on crime” republicans. I was hoping for some legislative response. I also sent this packet to several media outlets.  

During the month of June 2011, I started receiving phone calls from TV reporters at KVAL (Molly) and KEZI (Heather) in regard to predators in public housing. Heather from KEZI said that state politicians were upset with me. I declined interviews having an idea of where this was going. As political pressure mounted onto me to stop helping Ms. Rosenfeld I wrote Micheal Stephens of the Office of the Inspector General of HUD requesting “whistle blower” status for Ms. Rosenfeld. There was no reply. Around August 12, 2011 I talked with Lynn Ray at Oregon Department of Health Services who told me that criminals in public housing are protected by HIPPA and in fact “locking” criminals up and electronically monitoring them in public housing is OK. I pointed out that this violates the Social Security Act sec.202 [42 U.S.C.] (x)(1)(A).

On November 7, 2011, I again wrote United States Senator Charles Grassley about updated issues with the expanding issue of criminals in public housing “group homes”. The Oregon legislature had passed two bills (SB420 & HB 3100) that directly violated 42 U.S.C. chapt 135 sub V sec 13663 on placements of nationally registered predatory sex offenders and felons in public housing while violating the previous mentioned SSDI issue. It was, and is my view, that the State of Oregon had now crossed into Social Security fraud. I was also invited not to testify on these bills. I called the office of the Social Security Administration on November 7, 2011 to report this but still have no record of a returned call. I sent the Senator Grassley correspondence to several state and federal legislators. 

I spent the following year 2012 researching more on the growing issues. The number of person-to-person violent crimes involving public sponsored housing continued to do a brisk business despite violent crime declines overall. This confirms the discrimination of kids who find themselves living in these arrangements. I wrote the United States Attorney Charles F. Gordon about a complaint that Ms. Rosenfeld had about being denied an electronic recording of a hearing that took place in Eugene during the fall 2011 in front of the Honorable Michael Hogan. The comments recorded were of derogatory nature in reference to myself and former Benton Circuit Court Judge Goode and other officials by the Rickles Firm. I then had a short phone conversation a few days later with FBI Agent Mick Fennerty. Nothing memorable came from the conversation except a personal opinion he shared with me that the government money is to big in this case. Although I cannot remember the agents’ name that I talked with in 2008 (my phone notes are misplaced) he told me that it would be a good idea to let this issue die, the money was too much and powerful. Ms. Rosenfeld had stayed in contact through the year on and off.

 I contacted State Senator Betsy Close about this issue in Dec. 2012. My discussion with Senator Close was an idea to just address a piece of the issue. The federal agencies have proven they have no intent to ever enforce their own laws so we must do something to protect some of the kids involved. Senator Close had SB 506 drawn up. A hearing on the bill occurred on April 4, 2013 in hearing room A of the State Capitol. Present were Chair Senator Laurie Monnes Anderson and Senators Jeff Kruse, Tim Knopp, Chip Shields and Elizabeth Stiener Hayward. Senator Close joined me. Also Ms. Rosenfeld testified with another abuse victim of the Linn-Benton Housing Authority. Once again, staff of the State of Oregon Housing lied to the committee and stated that the law does not apply to public housing in regard to issues brought up. Later the next day, Ms. Rosenfeld contacted me and asked how it went. I told her it would depend on if the money people got to those in charge, but remember this is almost all federal money under federal jurisdiction.

On April 29, 2013, Senator Betsy Close contacted me and said for reasons she can’t understand, it appeared the bill had been blocked by the committee chair. I will continue to pursue a state remedy for this misappropriation funds with regard to housing. I told Senator Close “I am eight years into this, why stop”.

It is my belief that Ms. Rosenfeld had been the victim of administrative retribution by the Linn-Benton Housing Authority along with Willamette Neighborhood Housing Services for reporting ongoing violations of federal law. I further attest it is my belief that the State of Oregon and agencies working within Oregon have continued a pattern of behavior “skirting” federal law. In particular Title 42 Chapt 135 sub V sec. 13663 (provided by congressman DeFazio) and Social Security Act sec. 202 [42 U.S.C. 402] (x)(1)(A).  I also believe the court should grant Maria Caterina Rosenfeld her petition for writ of certiorari as a part of the remedy for retribution taken against her by the Linn-Benton Housing Authority and to order that the Department of Housing and Urban Development enforce the laws passed by the Congress of the United States of America.  

                 s/John K. Lindsey

                   Commissioner

                   Linn County, Oregon

 

My Quest for Justice in America and what I found instead: My daughter's childhood was destroyed by James A Hackett of Linn Benton Housing Authority

District Court Judge Michael R. Hogan is a landlord with many rentals and receives dividends from Pulte Group according to his financial disclosures. Pulte Group is the largest home construction company in America and gives millions of dollars to the think tanks that create HUD policy.

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THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

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Appeal No. 11-36055

Maria Caterina Rosenfeld,Plaintiff – Appellant,

v.

James Hackett, et al.,Defendants – Appellees,

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ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CASE NO. 6:07-CV-6209

THE HONORABLE JUDGE MICHAEL R. HOGAN

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APPELLANT’S REPLY

URGING REVERSAL AND REMAND ON FAIR HOUSING ACT CLAIMS

July 4, 2012

I received the Appellees' Brief in my box at the Corvallis Post Office on June 26, 2012. I see that the Appellees certify that their Brief was also emailed to me and this is not true. Along with this Reply to the Appellee’s Brief, I am submitting a motion to accept an Addendum that contains the Transcript of the LBHA Board Meeting that took place on January 18, 2005 that was listed as an excerpt of the record because it was Exhibit 15 in the Judge’s Notebook #1. Because of my extreme poverty I could not print any more pages of the references that I made in my Brief.

INTRODUCTION

I brought claims to the lower court under federal Fair Housing Statutes for Reasonable Accommodation and Retaliation that stemmed from a severely hostile living environment created by James A. Hackett where he wanted to show that units in a housing complex where I lived were full so he could access $4 million in IRS tax credits to build a housing complex that would make secret private investors very wealthy. He could not fill the units because they were too run down and inadequate to house the disabled and poor for which they were intended, and for which they were subsidized by HUD and by the City of Corvallis. So Mr. Hackett came up with a plan in conjunction with Benton County Probation and Parole and with Benton County Mental Health - both under the control of the Benton County Commissioners. Through a contractual agreement with the owners of my housing, Mr. Hackett became my property manager and filled each hard to fill unit with a hard to place felon; many of them severely mentally ill making them uncontrollable. These poor souls had very long and very serious criminal histories. Included in Mr. Hackett’s picks were a predatory sexual offender who was never to be around young girls because he had a history of sodomizing them; the leading methamphetamine dealer for the Willamette Valley who injected his little baby, Michael, with methamphetamine in the upstairs of my house; a man with a profile of psychopathic serial killer who had over sixty arraignments, including twenty involving children, who stalked my child beginning the day after he was moved upstairs at Mr. Hackett’s personal request; a man who had killed someone; and at least four other felons.

Mr. Hackett and the Linn Benton Housing Authority terminated my HUD voucher because I advocated for the Fair Housing rights of seventeen children, including my daughter, to live in that housing free of discrimination; because I testified for another severely disabled tenant, Jim Gabbard, and he refused to grant me Reasonable Accommodation because I made his crimes known to many levels of government. Many governmental agencies tried to gain attention to Mr. Hackett’s crimes and my plight yet no one would claim oversight of this rogue housing authority except Linn County Commissioner John K. Lindsey (Appellant’s Brief Appendix /R21/R45) and he could do nothing without the cooperation of the Benton County Commissioners.

United States Attorney Karin Immergut and Congressman Peter DeFazio (Document 2-5, pages 5 - 10) wrote letters for me. Corvallis Police Chief Gary Boldizsar, Benton County Sheriff Jim Swinyard and Oregon State Senator Frank Morse (Document 2-5, page 12) also tried to help and had no jurisdiction. For this reason, I ask for clear direction from the Appellate Court to establish oversight of the Linn Benton Housing Authority by the Linn and Benton County Commissioners so children and the disabled will not have to suffer as my child and I did and can have housing that is safe and decent – the intent of HUD and the Fair Housing Act.

I bring before the Honorable Justices of the Ninth Circuit Court of Appeals a request to reinstate my Fair Housing Act claim for Retaliation, a request that James A. Hackett be held personally accountable for that retaliation along with the Linn Benton Housing Authority and also for failure to make Reasonable Accommodation of my disabilities. Mr. Hackett was required to follow all federal statutes pertaining to housing authorities in order to accept federal money and he did not do this so he needed to control every aspect of LBHA’s business to cover up his violations of important statutes protecting children and also his IRS fraud.

I ask that the Justices allow me to have witnesses that I need to show a pattern of discrimination against the disabled, children and the poor which thereby shows intent of that discrimination, a pattern and therefore intent of falsification of documents within the housing authority, a pattern of intentional violations of the Protection of Children Statutes and a pattern and therefore intent of requesting housing authority clients not to report income. The lower court excluded all of these at LBHA’s request.

I wish to be able to provide information to a jury of the administrative conciliation offer made to me for the purpose of showing the Appellees’ motive in failing to accommodate my disabilities and motive to retaliate. My activism for children based on their familial status where Mr. Hackett and the Linn Benton Housing Authority (LBHA) violated the Pickford/Leonard children’s Fair Housing rights to live free from coercion, intimidation, harassment and threat of rape or death, was one of my protected activities.

I ask the Justices to recognize my need for true copies of the original digital recordings of four hearings in the lower court where I am certain that the transcripts provided to me were not verbatim records of the words spoken at those hearings and there was a critical nexus between the words that were omitted, altered or added and my pending proceedings in the lower court. The most glaring example of this is when the Appellees’ Attorney Stephen Rickles objected to my request to include my extremely disabled neighbor Jim Gabbard as a witness where I needed to show the pattern of discrimination against the disabled in order to show intent and motive, and Mr. Gabbard had much first hand information about this.

Mr. Rickles’ objection, that I wrote of in my Brief, proves my case as it was his admitted effort to keep the doors of the federal court closed to the disabled and to me in violation of the Fourteenth Amendment’s due process clause and equal protection clause. When I objected to his discriminatory objection in my submission which was Document 412 on December 1, 2011, I was provided a transcript in which the stenographer omitted that objection on December 3, 2011. I believed that if this omission could not be corrected and I could not have the witnesses that I needed to show intent, there would also be no chance of a fair trial.

On November 22, 2011, the lower court judge promised a minute order listing the admissible evidence for the upcoming trial (Transcript -November 22, 2011, pg.65,line15) and this had not been provided and I had just learned that the Appellees had hired an Expert Witness and had not honored the Federal Rules of Civil Procedure where certain information must be provided 90 days prior to a trial concerning an Expert Witness

Contrary to LBHA’s statements, I have no personal opinion of the lower court judge. However, I am absolutely certain that he did not read much of my case through his own demonstration of this and this has created a fundamental unfairness in this case. Many of the rulings that he made throughout the history of this case would not have been legally or logically possible if he had familiarized himself with my submissions in a manner essential to fairly evaluate these Fair Housing claims.

I also believe he did not know of the critical statutes enacted by Congress to protect children in federally funded housing from sexual predators and other dangerous felons and the reporting of Mr. Hackett’s and LBHA’s intentional violation of these Protection of Children Statutes[1] was one of my protected activities.

I tried as hard as I knew how to understand each of his orders and comply. I had a reverence for the process when this case was initially filed. I was blind sighted by the dismissal of my remaining claim and I had no fore warning that this could happen.

My Reasonable Accommodation claim was strong. I know that Mr. Hackett and LBHA failed to even attempt to contact my witnesses for my disabilities because they were afraid of prosecution for crimes against children. Mr. Hackett and LBHA write that Mr. Hackett was properly dismissed as a defendant and that I could not have prevailed on my Retaliation claim because of the nexus timing of my protected activities and the termination of my housing assistance. Neither is true. I have already shown in my Brief that the nexus between my protected activities and the end of my assistance supports my claims of Retaliation. LBHA is turning a blind eye to the partial treatment [toward the defendants] that I received in the lower court because it is to their benefit, however I was treated quite poorly and I watched the judge’s face quiver in anger when I mentioned my concern with the altered transcript. His tone became harsh and he dismissed the case without prior warning.

ARGUMENT

I ask that all of my arguments in my opening Brief be used to negate the arguments presented in the Appellees’ Brief as well as further arguments in this Reply. At no place in Order 95 does the lower court dismiss my claims against James Hackett and the Linn Benton Housing Authority under the Civil Rights Acts or my Fair Housing claims as the Appellees write in their current Brief on page 6, paragraph 1.

The Appellees have distorted the claims that I brought before the court. They write that my claims changed and this is not true; they have always been the same. In Document 2, I wrote:

“both James Hackett and Donna Holt-Cook have said that my request for Reasonable Accommodation is pending verification by a qualified provider. I have provided documents verifying my disabilities written by three providers of excellent qualifications and James Hackett has refused to acknowledge them repeatedly.”

“I believe that the Housing Authority refused to consider my documentation in support of my request for reasonable accommodation in retaliation for the fact that I had filed the previous complaint with Fair Housing and also because I voiced my concerns over the funding, with HUD vouchers, of units lived in by a methamphetamine dealer, a predatory pedophile, and other dangerous felons and drug dealers (some in violation of federal law) under James Hackett’s direction and his knowledge that children were suffering.”

“My young daughter and I were forced to endure a living situation that no child should ever have to suffer ….. over a period of five years that the owners and the management company had placed a pedophile, a predatory pedophile, two methamphetamine dealers and other violent felons in the units surrounding seventeen children.”

“Later, when I was the whistleblower for James Hackett’s violation of HUD law, Mr. Hackett terminated my HUD voucher because I had followed the (income reporting) directions that the housing authority had given me.”

“Children cannot survive a neighborhood like Pickford/Leonard without serious damage to their souls.”

“I witnessed as my little neighborhood was ruined under what I believe was a thought out plan to generate a solid money flow of federal funds through Mr. Hackett to dangerous criminals back to Mr. Hackett and then into Camas Commons and will end up in the pockets of the private investors through a tax credit system.”

“I believe that the corruption and collusion involved in the government of Corvallis and the Linn Benton Housing Authority and also Willamette Neighborhood Housing Services is so pervasive and has such a devastating effect on children that it deserves the attention of the Federal Court.”

I asserted claims for intentional and negligent emotional, mental and physical distress. I dispute all of the summary judgment rulings made in the lower court in Order 95. The statute of limitations is not a factor because Mr. Hackett’s violations should be considered as a long continuous pattern of defamation and state torte claims by James Hackett from 2000 through the present.

My requests for Reasonable Accommodation were first made in April 2004 at the counter of the Linn Benton Housing Authority. I was refused the forms. Amy Fauver, who was in charge of making sure that LBHA knew the rules of HUD, told me in December 2004 that LBHA had no right to refuse me Reasonable Accommodation forms. I provided a letter and disability form to LBHA before my hearing on December 9, 2004 (Document 2-2, pages19,20) and Mr. Hackett concealed it from the officer.

A motion for summary judgment by the Benton County Commissioners was granted in Order 95. I had no idea what summary judgment meant. I was given no guidance that affidavits are required in order to prevail against a motion of summary judgment.

The Appellees are providing misleading information where they exclude that the lower court refused to grant summary judgment on my claims against LBHA for Retaliation in Order #95 (Appellees’ E.R. 62-65 and 68) where the judge wrote:

“In her second administrative complaint dated February 3, 2006, Rosenfeld alleged that Hackett and Donna Holt-Cook lied to the person who investigated her first complaint, and that LBHA refused her August 2 and October 5, 2005 requests that LBHA consider her documentation of disability in retaliation for her filing of the first administrative complaint.”

And:

“Rosenfeld’s administrative complaints remain pending.”

And

“Rosenfeld’s administrative complaints allege discriminatory housing practices unrelated to LBHA’s property management activities, including failure to provide reasonable accommodation and retaliation. The court cannot conclude under LBHA’s analysis that claims based on these allegations are barred, particularly in light of LBHA’s assumption that the first administrative complaint tolled all applicable limitation periods.”

REINSTATEMENT OF MY FAIR HOUSING ACT RETALIATION CLAIM

My protected activities included reporting Mr. Hackett’s violation of the Protection of Children Statutes in activism for the Fair Housing rights of the seventeen children at Pickford/Leonard to live without discrimination based on their familial status; my testifying for Jim Gabbard in his disability claim against Mr. Hackett and LBHA and my filing an administrative claim against Mr. Hackett and the Linn Benton Housing Authority.

Mr. Hackett and LBHA were well aware that my administrative claim of Retaliation was still open administratively during the pre trial conference and stood silently as this was discussed.

LBHA argues that the rule established in Edwards v. Marin Park, Inc., 356 F.3d 1058 (9th Cir. 2004) “precludes any retaliation claim against the Housing Authority based on its alleged response to plaintiff’s complaints about “criminal” fellow tenants.” I was advocating for children after Mr. Hackett placed nine practicing felons, one with a lifelong registration as a child predator and one with a history of stalking children in their housing. The placements violated the Protection of Children Statutes and where the day and night activity of these “fellow tenants” caused terror to be experienced by the children. This goes way beyond Ms. Edward’s claims and in a different direction. LBHA has once more misstated my claims.

Mr. Hackett was aware that this was illegal. http://www.katu.com/news/specialreports/18896624.html

LBHA refers to Harris v. Forklift Systems, Inc. - 510 U.S. 17 (1993) for the applicable standard for hostile environment:

(a) The applicable standard, here reaffirmed, is stated in Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57: Title VII is violated when the workplace is permeated with discriminatory behavior that is sufficiently severe or pervasive to create a discriminatorily hostile or abusive working environment, id., at 64, 67. This standard requires an objectively hostile or abusive environment--one that a reasonable person would find hostile or abusive-as well as the victim's subjective perception that the environment is abusive.

(b) Whether an environment is "hostile" or "abusive" can be determined only by looking at all the circumstances, which may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance;

Any reasonable fact finder who took the time to review the horrors that my daughter and I lived in because of Mr. Hackett’s illegal placements at Pickford/Leonard would see that this standard was met.

LBHA has ignored facts set forth in my Brief. I had reported Mr. Hackett’s violations of federal statutes before Corvallis City Council in October 2003 after Walter Morgan killed our cat and tried to smash in our window while Corvallis Police Officer Phillip Howrey hid in the bushes watching. Mr. Hackett allowed Mr. Morgan to retain his residency in his HUD funded unit for another month and he killed our cat on the day he left. I went into the Linn Benton Housing Authority in late March or early April and gave them a note stating that I had to move because it was neither safe nor healthy for my child and one week later I was told my voucher would be terminated. I reported Mr. Hackett’s illegal placements to the LBHA’s Board on January 18, 2005 and my voucher was terminated on February 28, 2005.

PERSONAL LIABILITY OF JAMES HACKETT

Donna Holt-Cook, Rick Stewart and Paulette Postell agree that Mr. Hackett made all decisions in the Linn Benton Housing Authority. I took my requests for reasonable accommodation directly to Mr. Hackett.

WITNESSES TO SHOW PATTERN, INTENT AND MOTIVE

The lower court judge told me that I could not speak of the felons and their continual harassment, coercion and intimidation that caused the hostile living environment that in turn caused our PTSD. The intensity of the horror that I suffered can only be understood by telling what happened to my child and to me. We were tortured in our own housing and Mr. Hackett knew of this. His actions were perverse, took place over a long time and when I shared with him how I could no longer function he placed more extremely dangerous felons in my housing.

In their Brief, LBHA now claims there were no ineligible clients placed at Pickford/Leonard by Mr. Hackett and this is a falsehood. I have included the Transcript of LBHA’s Board Meeting that took place on January 18, 2005 and another tenant, D(redacted) P(redacted), recalls eight felons and shares how it affected her twin girls and my daughter and me. In the transcript, the Chairman of the Board, Howard Rhoades, states that I brought a lot of supporting documentation of gross mismanagement of my complex by LBHA. My daughter’s math teacher testifies how much my daughter suffered. Mr. Hackett sat right next to me as I called him on his placement of dangerous felons and I advocated for the Fair Housing rights of the seventeen children based on their familial status and one month later my assistance was terminated.

On pages 19 and 20 of the Transcript (E.R.14) D(redacted) P(redacted) helps refute the Appellees’ false statements that there were no felons in that housing:

“I met Caterina in 1999 when I moved into the Pickford/Leonard apartment complex. And at the time it was, I think it was owned by CNHS, right?

Yeah. Anyway, basically what I’m here tonight to say is we had at least eight felons over a period of four and a half years move in and out of these units constantly. And it’s just disgusting. I have twin girls and at the time I believe they were 10, somewhere around there. And, you know, as a mother it’s such a stress to have to always worry about what type of neighbor was outside with my children. I mean, we had people like Barry Brown, James Reid, he just got out of the penitentiary and was placed with his wife and child and was living above Caterina. And I caught him numerous times up on the roof at night, he was looking into our apartment, and just people that shouldn’t have been in there in the first place.

We were on HUD at the time and, you know, it’s really – it was hard because I don’t know if it’s because we were low income, but I didn’t feel like my family or myself had a voice. I constantly complained to Jim Moorefield and other people that were employed at CNHS and nothing was done and no one seemed to really care. I’m assuming it was a basic dump off ground for criminals. And, you know, Caterina went through a lot. These people moved constantly, you know, into the unit above her and I saw how this affected her and how it affected (redacted), it’s really negative.”

On pages 20 and 21 of the Transcript Ms. Grzekowiak says:

“I am Sandy Grzekowiak, I am a teacher at West Linn Middle School in Corvallis, and I have had (redacted) and the P(redacted) girls in my math classes. And I just – I’m also a character witness for the mom. And I’m also wanting you to know that the concern that came to the school on behalf of parents looking for ways even if we could help expedite what was going on. Our major focus, and I didn’t hear you mention that, was when (redacted) became quite ill and you were tying to nurse her back to health. I mean, she had almost a near death experience and you were juggling the criminal upstairs, trying to take care of your daughter, and it came back to the school and the teachers, how could we best support this child. And truly, (redacted) and her mom were in a total state of distress. And what she said about (redacted) condition, I mean it was taking a serious toll on that child and I had her in advanced algebra classes and she went from a highly energetic productive young lady to one that we were constantly watching for signs as to whether or not we needed to send her to a counselor.

And I guess I’m here to implore you that what’s best for our kids is for them to have safe housing. And I also find that this – there is something wrong. We have halfway houses for criminals, but most of them should not be mixed in with the wonderful families. We do have wonderful children. And that’s really all I’m here to say, Sir.”

CONCILIATION OFFER TO SHOW MOTIVE AND INTENT

In the pre trial conference on November 22, 2011, Counsel for the Appellees, Stephen Rickles, stated that there was no conciliation offer of $230,000 and a HUD voucher. Mr. Rickles said that “it did not happen.” (Transcript of November 22, 2011conference) Mr. Rickles statement is a falsehood as can be seen in Madeline Rubin’s Affidavit which was R22 in Appendix I with my Brief. On June 23, 2005, Federal Fair Housing Investigator Ife Asantewa called my home. She said that Mr. Hackett wanted to conciliate and give me back my voucher because “he is afraid of criminal prosecution.” This makes the conciliation offer an exception to the FRCP for exclusion of settlement offers where it is written:

Rule 408. Compromise Offers and Negotiations

(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.(emphasis added)

TRUE COPIES OF DIGITAL RECORDINGS

The Appellees did not oppose my request for true copies of the original digital recordings of the pre trial telephone conference that took place on November 30, 2011 so I ask the Justices for a ruling to the lower court to ask the lower court to make these available to me in digital format as true copies of the original digital recordings so that I can have them transcribed as verbatim records of the words that were spoken. Four transcripts that have been provided to me are substantively different than the words that were spoken and this undermines the perception of integrity in the court. These recordings are so simple to reproduce that I humbly suggest that similar requests by others be honored for the sake of Justice. They cannot be altered without signs of tampering so it seems this would be a standard supplement to every transcript.

COUNTY COMMISSIONER OVERSIGHT

The Appellees do not argue against commissioner oversight clarification and the Benton County Commissioner’s did not respond to the Brief so I ask that the Justices help with this question. Linn County Commissioner is very eager for oversight to clean up this corruption that is harming children in two counties.

ABUSE OF DISCRETION IN LOWER COURT DISMISSAL

I motioned for an attorney at the beginning of this case for my daughter. The lower court did not grant that motion.

On February 1, 2008 in Document 47, I motioned the court for LBHA’s insurance company information. Mr. Hackett and LBHA responded that they did not have an insurance company even though both the Appellees and Mr. Rickles were well aware that in truth they are insured by the Housing Authority Risk and Retention Pool that pays Mr. Rickles’ salary. The American tax payers are paying to keep the court’s doors closed to the disabled and children of the poor. The lower court did not grant my motion. I then supplied the court with proof that Mr. Hackett was lying and the lower court made no effort to correct this omission of insurance information.

Under FRCP’s Rule 26:

Duty to Disclose; General Provisions Governing Discovery (a) Required

(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:

(iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.(emphasis added)

In the congressional notes of the Advisory Committee concerning the above rules in the 1970 Amendment:

Disclosure is required when the insurer “may be liable” on part or all of the judgment. Thus, an insurance company must disclose even when it contests liability under the policy, and such disclosure does not constitute a waiver of its claim. It is immaterial whether the liability is to satisfy the judgment directly or merely to indemnify or reimburse another after he pays the judgment.”

Before I filed this case, Linn Benton Legal Aid told me that the Linn Benton Housing Authority was actually a tax shelter for a group of attorneys including Robert A. Blair on Rodman Street in Washington D.C. who owned the Julian Hotel in Corvallis that was part of HUD’s mod rehab program and partnered with Mr. Hackett and LBHA. Mr. Blair is a director for IPG Photonics and his firm has spent many years lobbying Congress for ways to avoid taxing the wealthy. One of these ways is to partner with a HUD entity such as the Linn Benton Housing Authority. I set out to follow the money trail and discover why anyone would place and HUD fund nine extremely dangerous felons amongst seventeen children and then go after me when I brought it to their attention. Commissioner Lindsey informed me recently that I uncovered a $300 million scam in Oregon where this illegal use of HUD money is putting the public in danger of death and rape where the state hospitals are emptying their beds in Oregon’s neighborhoods. He has been in communication with Senator Grassley’s investigator Brian Downey as the Senator is both on the Senate Judiciary Committee and also deeply concerned with the illegal funding of sexual predators in housing around children and against federal law.

I do not owe the Linn Benton Housing Authority any money. I reported income as they instructed me to. The sheets that were prepared at Mr. Hackett’s coaching were not prepared by the keeper of DHS’ records as LBHA reported, they were prepared by a new worker named Michelle Navaro who had no firsthand knowledge of me or of the records. They are purely hear say. In contrast, every piece of evidence I presented had either a declaration or affidavit and a live witness with firsthand information and the lower court judge failed to recognize this. LBHA argues that I did not take my claims to state court and I could not. It would have cost me $2000 dollars and I did not have any money. The lower court judge asked Mr. Rickles where I should have appealed. (Transcript November 30, 2011,line #5,page 4) I had every right to bring this retaliatory termination of my assistance to the Office of Fair Housing and Equal Opportunity about one month after it occurred and then to federal court when LBHA and Mr. Hackett lied under oath to federal Fair Housing investigators.

I worked very hard to prepare for the trial scheduled for July 29, 2009 and it was the motions in limine, about 30, mailed to me three weeks after they were filed (and recall from my Brief that the lower court did not allow me email notification of every submission as the Judiciary Committee mandates) and after all of my witnesses had been subpoenaed and paid for in four counties all over Oregon and Washington, that stopped the trial from proceeding. Motions in limine must be presented long enough before a trial to not affect the trial date.

I realized that I was not being treated with respect during that pre trial conference when I tried to hand the administrative Retaliation claim (Document 2- 13, pages 14 – 17 on August 20, 2007 with my first submission) that was still open to the judge when he forgot that he had seen it (in contrast to his prior Order 95) and questioned whether it existed. He then turned his head sharply away from me and simply ignored me as I explained that I had it for him. He would not accept it.

The lower court judge also told me that I probably did not know what an affidavit was. I had turned in over twenty to show the testimony that my witnesses would express at the trial. This let me know that he had not read my submission titled: “Affidavits” (Document 74-2) submitted a year before. Although the discovery rules state that expert witness information should have been provided to me 90days before the trial, the lower court judge ruled that I must make do with two days before the trial and then I did not receive anything at all concerning their expert witness before December 7, 2011. It would have been impossible for me to discover anything about the expert witness before questioning her in front of a jury.

From the Advisory Committee notes in 1970:

“Subdivision (b)(4)—Trial Preparation: Experts. ……….. The subdivision deals separately with those experts whom the party expects to call as trial witnesses and with those experts who have been retained or specially employed by the party but who are not expected to be witnesses. It should be noted that the subdivision does not address itself to the expert whose information was not acquired in preparation for trial but rather because he was an actor or viewer with respect to transactions or occurrences that are part of the subject matter of the lawsuit. Such an expert should be treated as an ordinary witness.

Effective cross-examination of an expert witness requires advance preparation. The lawyer even with the help of his own experts frequently cannot anticipate the particular approach his adversary's expert will take or the data on which he will base his judgment on the stand.”

About six working days before the trial the lower court ruled that I must provide all of my medical reports even though I had been pleading with the housing authority to contact my medical verifiers since December 2004 and they had made no attempt. My witnesses were not expert witnesses, they were first hand witnesses and those who had diagnosed me. I did manage to get all of their reports gathered before the trial which was difficult because I had to obtain releases from doctors out of state and rely on medical offices to dig into their archives. The most important documents had been provided to the court years before, including all of the diagnosis – many sent to Mr. Hackett before my hearing in December 9, 2004.

My Reasonable Accommodation claim is strong. My request for Reasonable Accommodation was first made in April 2004 and I was told I could not have the forms at the counter of LBHA. Mr. Rickles provides false information where he writes that my request for Reasonable Accommodation was simply for a different worker. I had made a request to disregard the income reporting rules during the time that my daughter was stalked because I did not read anything and I filled out forms in keeping with the false information given to me by the lead case worker when I painted a house and was paid by LBHA. The initial Reasonable Accommodation forms filled out with Madeline Rubin, LCSW, are in the Addendum as E.R.9,10,11,12. In those forms it is written:

“The following member of my household has a disability: my daughter, myself (PTSD from life threatening living situation; stalker plus 8 other dangerous criminals.)”

And:

“Client was unable to fill out forms correctly due to life threatening (on going) living situation resulting in PTSD.” “Living situation was extremely dangerous and made it impossible to give attention to anything except survival.”

Exhibit 62, page 2 (E.R.10) and was filled out by therapist Madeline Rubin who had formally diagnosed me and referred me for treatment to Dr. Catherine Del Armstead at Oregon State University and contains this information:

“Caterina is suffering from PTSD as a result of having a criminal unlock her doors, getting into her computer, taking pictures through her windows, taking bolts out of her car frame, disconnect[ing] her phone, in short, the man who lived above her terrorized her & her daughter. FBI told Caterina he has profile of serial killer.”

Also:

“Caterina has had trouble concentrating and doing paperwork. She has had to drop her college classes.”

Also:

“Paperwork filled out during this extremely stressful period should be disregarded as all her energies were used keeping her & her daughter alive.

When I turned these two forms in to Mr. Hackett I had the “Verification for Reasonable Accommodation” pages attached. Highly qualified therapist Madeline Rubin provided her contact information including a phone number and was never contacted to verify her qualifications or to further explain the nexus between my PTSD and need for accommodation. In the Addendum are Ms. Rubin’s Affidavit and resume that were also provided to the Appellees and the court as Exhibits in the Judge’s Notebook #1 and may be found at E.R.3,4,5,6,7,8.

LBHA claims in their brief that they cannot make accommodation in reporting rules and yet they did for another Mr. Smith whose “Last Chance Agreement” is included in the Addendum for this Reply.(E,R.2 /Judge’s Exhibits Notebook #1; Exhibit 43)

The money in question was when I had applied for a domestic violence grant to move out of the hostile living environment that Mr. Hackett created at Pickford/Leonard. See the intake worker Art Kyle’s summary of my visit where I made that request for what he codes as EA for “emergency assistance”.(E.R.1/Document2-2,page 7)

Dismissal under Rule 41(b) is a sanction, to be imposed only in “extreme circumstances.”  Dahl v. City of Huntington Beach, 84 F.3d 363, 366 (9th Cir.1996) (quoting Thompson v. Housing Auth. of Los Angeles, 782 F.2d 829, 831 (9th Cir.1986)

The case Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996) has no similarity to mine. It is not a civil rights case where the public interest is at stake. Robertson’s appeal was dismissed because of his failure to respond to a show cause order or to comply with prior court orders and this after the court had reinstated the action after a previous dismissal that came with a warning about a possible dismissal. I have tried at every turn to follow the orders given to me by the court. The only times I asked for review by a higher court was when the rulings were completely outside of the realm of truth. The only time I asked for more time was right before my daughter’s wedding, when the court was in possession of my original affidavits that I needed for the original exhibits and when my 86 year-old mother had two cancer surgeries in another city and needed my help.

"Because the sanction of dismissal is such a harsh penalty, the district court must weigh five factors before imposing dismissal: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its dockets; (3) the risk of prejudice to [defendants]; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions." Porter v. Martinez, 941 F.2d 732, 733 (9th Cir.1991) (quotations omitted). The court weighs the same five factors in determining whether to dismiss an action for lack of prosecution. See Carey v. King, 856 F.2d 1439, 1440 (9th Cir.1988). "[T]he key factors are prejudice and availability of lesser sanctions." Wanderer v. Johnston, 910 F.2d 652, 656 (9th Cir.1990).

“The key factors are prejudice…..” The prejudice in dismissing my claims is against the children of the poor and against those with disabilities. There is no prejudice in remanding this case back to the lower court and providing it with a judge familiar with Fair Housing civil rights cases.

During the pre trial telephone conference on November 30, 2011(Transcript at #5, page 33), the attorney for the Appellees, Stephen Rickles stated:

“We’re certainly happy to meet her on that ground to extend this trial by a couple of weeks.”

So it would not have prejudiced LBHA to allow my continuance request. I told the judge’s clerk, Jill Wright on Friday, December 1, 2011 that the judge had not provided the promised evidentiary minute order and I did not get the Expert Witness information so I would like to have a continuance and she told me that she had a way of letting the jury know immediately and that these changes often happened. I did not wait to the last minute. I filed a warning on Monday and a motion for continuance on Tuesday. The judge was in Portland for his retirement party so I was very concerned with making sure he received my motion. Christy Weller assured me that she sent it to the lower court judge’s clerk immediately. I was never provided with either the Expert Witness information or the minute order concerning evidence admissible for the trial.

CONCLUSION

I would like the Ninth Circuit Court of Appeals Justices to reinstate my Fair Housing retaliation claim. I would like defendant James A. Hackett and defendant LBHA to be held liable for his retaliation against me and for failure to make reasonable accommodation for my disabilities. I would like the Justices to clarify the oversight authority that the Benton County Commissioners have according to Oregon Revised Statutes 456 and according to the intent of the United States in the creation of housing authorities and HUD. I would like to be able to reference before a jury, without fear of dismissal of my case, the conciliation offer made to me by Mr. Hackett and the Linn Benton Housing Authority of $230,000 and a HUD voucher if I would agree to lie about Mr. Hackett’s violations of the Protection of Children Statutes amongst seventeen young children. I would also like to have clear direction as to which pieces of evidence I will be allowed to use before a jury in a trial. I would like a judge familiar with the Fair Housing Act.

I advocated for the Fair Housing rights of children based on their familial status and I ask that you hear me. James Hackett destroyed my daughter’s childhood.

Under threat of perjury everything I have written is true and correct.

Maria Caterina Rosenfeld, July 4, 2012

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[1] The Protection of Children Statutes are: U.S. Code 42, Chapter 135, Subchapter V, §§ 13661, 13662 and 13663 which make it imperative that housing authorities do criminal background checks and make it illegal to use federal money to provide housing for those with a life time registration as a sex offender and certain other felons.

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