Citizen Rocks Highland Police and Lake County Prosecutor with Proof of Law Enforcement Perjury

DEFENDANT’S MOTION FOR EVIDENTIARY HEARING ON POLICE AND PROSECUTORIAL PERJURY AND CRIMES

Comes now the Defendant and moves the Court to grant this motion and assign a Special Prosecutor and in support of said motion states:

1.  Deputy Prosecutor Edgar Rodriguez suborned perjury from Officer Lee Natelborg by completely drafting a false and perjurous Probable Cause Affidavit devoid of any legal or factual basis for which Petitioner can demonstrate to the Court that this false charge involves misconduct, perjury, the subornment of perjury, false police reporting, official misconduct and malicious prosecution.  Officer Lee Natelborg admitted in his sworn deposition that he signed the Probable Cause Affidavit that Edgar Rodriguez had written for him months after the arrest incident thinking it was okay to commit perjury so long as he had Deputy Prosecutor Rodriguez’s consent and support.  Petitioner would like the opportunity to show the Court why, how and where this Probable Cause Affidavit contains perjury and involves the subornment of perjury and why Prosecutor Edgar Rodriguez is culpable for criminal wrongdoing.

2.  As there was no act even remotely cited in any way whatsoever in the Police Incident Report, nor in Officer Lee Natelborg’s initial Probable Cause Affidavit, nor in the Police Information, nor in Officer Natelborg’s sworn deposition, Petitioner alleges and believes he can easily prove perjury and the subornment of perjury by Deputy Prosecutor Edgar Rodriguez and therefore will need to examine Prosecutor Edgar Rodriguez to understand why and how on God’s green earth Prosecutor Edgar Rodriguez came to bring false charges completely unjustified and contradicted by the Highland Police Department’s own police officers when the initial police report clearly states, “subject was taken into custody and transported without incident”.  Deputy Prosecutor Edgar Rodriguez  began to use Natelborg to pile on false charges in an attempt to coerce a plea agreement for Disorderly Conduct from an innocent citizen.  By Deputy Prosecutor Edgar Rodriguez’s own admission no crime was committed and he withdrew the false charges when it became clear he could not coerce a guilty plea and his mendacity was exposed.  Officer Natelborg is now attempting to avoid responsibility by blaming his actions on his deference to Prosecutor Rodriguez and so exposed Rodriguez’s subornment of perjury to excuse his own perjury. Prosecutor Rodriguez’s motion to dismiss the charges was made to hide his misconduct from the Court and not done in the interest of justice.  Prior to Natelborg admitting Rodriguez had drafted the probable cause affidavit, Prosecutor Rodriguez had proceeded with this case and commit fraud upon the Court.   The Court should force Prosecutor Rodriguez to explain how he contrived these charges. 

3.  The fact that Deputy Prosecutor Edgar Rodriguez had suborned perjury was exposed in Officer Lee Natelborg’s deposition.  Officer Natelborg admitted the Probable Cause Affidavit was drafted by Deputy Prosecutor Edgar Rodriguez and Natelborg admitted signing it even though he could not explain in his deposition what Defendant did to warrant such charges.  While Natelborg signed the affidavit, under the penalties of perjury, he never gave any evidence that Defendant ever resisted arrest or interfered with law enforcement in his Probable Cause Affidavit, Police Incident Report, or Police Information.  Natelborg also signed the Probable Cause Affidavit charging Domestic Battery, and when asked about any incident of domestic battery, he said he knew of no such charges.  How is it a police officer signs a Probable Cause Affidavit for Resisting Arrest and then can’t identify at all what the Defendant did to resist arrest or interfere with law enforcement?

4.  Officer Natelborg then tried to lay the blame for his perjury on the hands of Prosecutor Edgar Rodriguez because he claims to have relied on the prosecutor’s “expertise” when signing the Probable Cause Affidavit.  This perjury was committed by Natelborg, an officer who mocked Defendant about being a “smart ass lawyer” as he and Officer Potesta bragged about their expertise and legal knowledge.  The fact is Natelborg could not cite any act by Defendant and so had to lay the blame on Deputy Prosecutor Rodriguez as he had no evidence of any wrongdoing by Defendant except to initially claim Disorderly Conduct.  Yet, this supposed “expert” could not cite a single profane utterance in his deposition made by Defendant. 

5.  Moreover, Officer Natelborg is caught up in his lies and still does not even know it.  He claims Defendant was in the street arguing, yelling and cursing, yet the fact is that there is a recording that was made inadvertently by Officer Natelborg himself as he was trying to contrive charges against Defendant while talking on his telephone to the dispatcher.  When Defendant was being arrested he was within two feet of Officer Natelborg, and yet his conversation with Natelborg is almost indiscernible.  During the arrest Officer Natelborg removed Defendant from his car and there is not a single profanity uttered and Defendant can be heard cooperating with Officer Natelborg as Defendant was being arrested.  How can Defendant be yelling and cursing in the street when he was being ordered from his car?  Officer Natelborg did not realize that he was having both his conversation with Defendant and the dispatcher inadvertently recorded on the police phone system.  As Natelborg was searching and handcuffing Defendant, there was not even two feet between Defendant and Natelborg.  How is it if Defendant was yelling, cursing and resisting arrest that there is absolutely no evidence on the police recording that was made via officer Natelborg’s phone call as Defendant was being arrested?  How is it that Natelborg testified during depositions that he was unable to remember a single profane utterance made Defendant, yet Defendant has no problem remembering the profane utterances made by Natelborg?  How is it that Officer Natelborg, who could call on his notes, the police report, the probable cause affidavit, the police information sheet, and his inadvertent recordings, could not remember nor cite one single profane utterance made by Defendant?  This is clearly a case of perjury by Natelborg and the drafting of the perjured Probable Cause Affidavit by Prosecutor Rodriguez for Natelborg to sign is plainly and clearly the suborning of perjury by Prosecutor Rodriguez in regard to the additional serious charges added months later.  These additional false charges included Resisting Arrest, Interfering with Law Enforcement and Domestic Battery.  These charges were all added months later after Defendant refused to plead guilty to the false charge of Disorderly Conduct.

6.  Since this Court took all of Officer Natelborg’s lies at face value and then took the perjury Prosecutor Rodriguez had suborned at face value and refused to listen to Defendant while threatening him with jail to coerce him to sign a protective order that all evidence now proves was another act of abuse, especially given that the issue of Domestic Battery had already been adjudicated in Judge Tavitas’ court and proved to be a lie, this Court owes Defendant the opportunity to prove in black and white with depositions, police reports, probable cause affidavits and police information sheet that perjury was committed.  The Court, Prosecutor and police spared no expense in prosecuting Defendant to the point that police and prosecutors were willing to suborn and commit perjury as they violated Defendant’s rights, now the Court has to decide if it will excuse, cover up, hide and allow perjury or if it will expose and prosecute perjury with the same enthusiasm it displayed when those who had engaged in felonies tried to prosecute and innocent man.  It is this Court’s job to refer this misconduct to the Indiana Bar Association.  Justice demands not only that this occur, but that prosecutions ensue.  Why is it the Court would find it so hard to do what is right?  The suborning of perjury and perjury itself are crimes.  Yet, this type of police and prosecutorial misconduct infects and infests the criminal justice system to the point that those who know the truth about how it is overlooked by courts know they can commit such crimes against justice itself with almost absolute immunity and impunity because judges simpley refuse to do the job that justice demands, hence our entire criminal justice system has become corrupted beyond repair.  We now have a two-tiered system that is used to steal money and justify tyranny against the weak while excusing every act of lawlessness, criminality, tyranny, oppression and abuse committed by the powerful. 

7.  This Court granted a stifling and injurious protective order for Deputy Prosecutor Rodriguez against Defendant, yet when the arresting officer, Lee Natelborg, was asked about the charges of Domestic Battery he swore to on the Probable Cause Affidavit, a Probable Cause Affidavit actually drafted by Deputy Prosecutor Rodriguez, Natelborg admitted he knew nothing of any incident of Domestic Battery, yet Natelborg signed Rodriguez’s Probable Cause Affidavit anyway.  Is the police officer, who claimed to be an expert at law enforcement, just plain stupid or corrupt?  The system is so corrupted that Rodriguez did not even have to worry about spending much time coordinating his lies or having committed his crimes, as he seems sure the Court will cover for him and excuse his criminal behavior.

8. Not only is this incident the subornment of perjury in which false reports and affidavits were filed, but Petitioner also alleges Official Misconduct on the part of Officer Lee Natelborg and Deputy Prosecutor Edgar Rodriguez.  Since Deputy Prosecutor Edgar Rodriguez decided to draft a Probable Cause Affidavit seeking Officer Lee Natelborg’s signature, which Officer Lee Natelborg admitted in his sworn deposition, and for which Officer Lee Natelborg should have known better than signing as being the one who cited all the law enforcement training he had received, it is clear this was an intentional criminal act to intimidate and coerce Petitioner into a plea agreement so desperately sought by Deputy Prosecutor Edgar Rodriguez for a malicious prosecution that he knew could never even be brought to this Court as it was so baseless as to be criminal, and in fact involved criminality.  As the time for trial drew near, Deputy Prosecutor Rodriguez became more and more desperate almost begging for a plea agreement that provided no punishment while still acting as if he wanted to bring all these false charges to trial. 

9.  Furthermore, Petitioner also alleges that this subornment of perjury is a criminal conspiracy engaged in by Deputy Prosecutor Edgar Rodriguez and Highland Police Officer Lee Natelborg.  This is a criminal act in which both parties worked towards the same criminal goal, albeit under the color of law, for which petitioner seeks to conduct examination and cross-examination as both Officer Lee Natelborg and Deputy Prosecutor Edgar Rodriguez will assuredly try to lie to the Court claiming ignorance, incompetence, and simple misunderstandings.  Their initial prosecution and false charges were made to fool the Court and deny Petitioner justice.  Petitioner believes that upon testimony of both Officer Lee Natelborg and Deputy Prosecutor Edgar Rodriguez, Petitioner will have the evidence he needs to submit a complaint, backed by evidence, to the Indiana Bar Association against Deputy Prosecutor Edgar Rodriguez for Perjury, Official Misconduct, Subornment of Perjury and Criminal Conspiracy.  Defendant also believes he will have a basis for the prosecution of Perjury, Filing False Police Reports, Official Misconduct and Obstruction of Justice charges against Officer Lee Natelborg.  Defendant asserts that anyone with an IQ of 50 can see that Officer Lee Natelborg will claim he didn’t know any better, all the while being eager and willing to bring what would have been a false prosecution based on police perjury.  It was not that Officer Natelborg was not smart enough to know what he was doing and that it was illegal, he just wasn’t smart enough to carry out a malicious prosecution based on false charges and get away with his perjury while also covering the perjury of Deputy Prosecutor Edgar Rodriguez.  Now Officer Lee Natelborg will want to claim his a lack of intellectual capacity to carry out a criminal act is merely a sign of simple incompetence in the fulfilling obligations as part of the performance of his duties.  Defendant is sure Prosecutor Rodriguez will also try some version of this same defense as he claims prosecutorial immunity, but this immunity was not meant to cover the criminal acts of police or prosecutors who claim to know the law.

10.  Once Deputy Prosecutor Edgar Rodriguez decided to suborn perjury by writing false, meritless, and legally baseless Probable Cause Affidavit himself for which he then sought signature, one that was devoid of even a single description of any act, fact or issue of law for bringing the Charge of Resisting Law Enforcement based on the contents of Officer Lee Netelborg’s initial Probable Cause Affidaivt, Police Incident Report and Police Information, he made himself subject to examination as to why and how he could draft such a false and Perjurous Probable Cause Affidavit for Resisting Arrest when the police report clearly states “suspect was taken into custody and transported without incident”.  Moreover, to protect this crime Deputy Prosecutor Edgar Rodriguez has committed, he will try to hide behind his position, an unethical act impregnated with conflict of interest, abuse of office and additional misconduct thereby casting aspersions upon this Court and the entire legal process.  It is clear that Deputy Prosecutor Edgar Rodriguez has the power to intimidate a police officer so lacking in competence and ethical character that someone of Officer Lee Natelborg’s caliber would attempt to curry favor with a state functionary responsible for prosecuting Officer Natelborg’s false charges and excusing his perjury.  It is clear that both Deputy Prosecutor Edgar Rodriguez and Officer Lee Natelborg should have to answer for their actions as Defendant’s rights were substantially restricted and he was made the victim of what amounts to criminal acts that violate the U.S. Constitution, Defendant’s civil rights and Indiana criminal law.  Defendant asks the Court to be as diligent in the hearing of this petition as it was in the State’s malicious prosecution of Defendant and in granting an Order of Protection that had already proved to be based on lies and perjury in Judge Tavitas’s court thereby resulting in her refusing to grant said order.   Yet, when Defendant brought this up to the Court, Defendant was threatened with arrest because the Court only wanted to hear Deputy Prosecutor Edgar Rodriguez’s version of events that were based on lies, false charges, official misconduct and provable perjury.  Defendant now invites the Court to hear the truth based on the Prosecution’s own “evidence” as hindsight and depositions have provided clear evidence of police and prosecutorial crimes.

11.  Given that Deputy Prosecutor Edgar Rodriguez himself withdrew the prosecution, as he was doing Defendant no favor but was saving himself the embarrassment of such an obviously ridiculous, malicious, criminal and incompetent prosecution that would have easily been destroyed and would have exposed perjury, he will now try to hide his criminal acts by attempting to get the Court to deny Defendant’s motion for an evidentiary hearing so that his misdeeds will not be brought to light.  Deputy Prosecutor Edgar Rodriguez continued with his false charge until Officer Lee Natelborg admitted he signed the Probable Cause Affidavit by Deputy Prosecutor Edgar Rodriguez because, as his deposition attests, he could not cite any act committed by Petitioner, nor could Officer Lee Natelborg name one profane word used by Petitioner, nor could he cite one phrase in which a profane word was uttered. Furthermore, what could be the basis of opposing an evidentiary hearing where the police officer is already blaming the prosecutor for the officer signing the probable cause affidavit?  Defendant asserts that once Deputy Prosecutor Edgar Rodriguez realized his time was running out for being able to hide his crimes and Defendant would finally have the opportunity to expose the crimes committed by both Deputy Prosecutor Edgar Rodriguez and Officer Lee Natelborg in bringing this prosecution, Deputy Prosecutor Edgar Rodriguez had absolutely no choice but to drop all charges. 

12.  It is in the interest of justice that Officer Lee Natelborg and Deputy Prosecutor Edgar Rodriguez both be required to testify and have their testimony made part of an evidentiary hearing.  Defendant argues that if there was one single act serving as the basis for bringing a Resisting Law Enforcement, then Deputy Prosecutor Edgar Rodriguez should have no problem citing it seeing how he is a Deputy Prosecutor for Lake County and an attorney licensed by the Indiana Bar Association.  Since Officer Lee Natelborg admitted in sworn deposition that Deputy Prosecutor Edgar Rodriguez wrote and sought signature for a false charge that is without any corroborating evidence in fact or law, but is in fact contradicted by the Highland Police themselves, the only one who can answer why the Resisting Law Enforcement charge was brought is Deputy Prosecutor Edgar Rodriguez himself, as Officer Lee Natelborg admitted he “did not want to mess with that charge” and merely signed it because of Deputy Prosecutor Edgar Rodriguez sent it to him.  It should be noted that even if Defendant did exactly what Officer Lee Natelborg said he did, this does not justify a Resisting Law Enforcement charge and Deputy Prosecutor Edgar Rodriguez and Officer Lee Natelborg both know this.  In this instance both want to rely on stupidity as a defense so as to blame this misdeed on the other. The fact is that Deputy Prosecutor Edgar Rodriguez will not be able to explain to this Court what action by Defendant necessitated the charge of Resisting Law Enforcement, why he wrote the aforementioned Probable Cause Affidavit, nor will he be able to explain how or why he brought these false charges while suborning perjury without exposing his misconduct. Petitioner asks the Court to not allow him to hide his illegal acts behind his position as Deputy Prosecutor.

13.  In seeing the acrimonious treatment of Defendant by Highland Police in bringing a prosecution in which Officer Linda Potesta assured Defendant that the charges would stick, that the police would prevail, and Defendant would “not be able to get out of this one”, and given that Prosecutor Edgar Rodriguez cared so much about this prosecution that he would personally draft perjurous Probable Cause Affidavits and suborn perjury, seek a protective order, and harass Defendant by making false allegations involving Defendant’s courthouse demeanor while claiming to have conducted an investigation himself, while actually never having taken a single statement nor even being able to offer the Court any evidence whatsoever as to what Defendant did or said, and considering how such serious charges that are so concrete with regard to their interpretation by police and ease for being the subject of prosecution by a prosecutor who had so much self-interest riding on this case, isn’t the Court slightly curious as to how the Prosecution’s case could end up collapsing so spectacularly after having been given such a significant psychic investment by Deputy Prosecutor Rodriguez?  Isn’t the Court the least bit curious how Defendant could make such charges and yet not be worried about being charged with perjury?  How could Defendant, a simple gym teacher, end up being so right and the State so wrong? Isn’t the Court curious?

14.  As Defendant has numerous instances of Highland police harassment against him and his family, and given that Defendant has absolute proof that Highland Police have harassed and attempted other malicious prosecutions to the point that Highland Police Detective Ralph Potesta lied on a probable cause affidavit and said five months after an incident that he was on duty, dispatched and had interviewed witnesses, when an external investigation proved he was not on duty, was not dispatched and did not interview any witnesses on the scene, it is assured that unless Highland Police criminality is brought to light Defendant will be the victim of even more false charges by Highland Police.  When Defendant brought Detective Ralph Potesta’s perjury to the attention of Highland Police Chief Pete Hojnicki, Hojnicki claimed to have a “deal” with the prosecutor’s office.  Defendant explained to Hojnicki that a deal to commit perjury is a criminal conspiracy.  Afterward, instead of being reprimanded for having committed perjury, Ralph Potesta was promoted to Chief of Detectives.  This was another case in which the Highland Police used this perjury to bring more false charges but again were discovered and proved to have been liars and perjurers.

15.  Defendant brought these allegations to the Court and was told there would be an evidentiary hearing.  Defendant asks the Court to make good on its promise. While Defendant was seeking expungement of his arrest, he made charges of wrongdoing by the police and prosecutor.  After making those allegations he was told he would get an evidentiary hearing.  Defendant hopes the Court does not attempt to say that the evidentiary hearing was only in regard to whether Defendant’s petition for expungement was without defect.  Defendant made charges of criminal acts and the facts that support his charges have been admitted to or exposed by the police themselves.

16.  With regard to proving perjury, Defendant believes he can show the Court such contradictory material evidence in the form of depositions, police reports, probable cause affidavits, police incident reports and police information sheets that there is no way for Officer Natelborg or Deputy Prosecutor Rodriguez to reconcile the huge discrepancies in their testimony given the lies that have already been exposed as the result of police inadvertently recording their own actions on phone traffic and painting themselves into a corner by making admissions during depositions.  If Defendant had such huge irreconcilable discrepancies in his testimony, it is assured he would have been subject to prosecution by Prosecutor Rodriguez given that Rodriguez proved himself willing to suborn perjury and Officer Natelborg was so willing to commit it.

Wherefore Defendant prays the Court to grant this motion to allow Defendant the necessary forum to prove the crimes committed against him, and in the interest of justice grant all relief just and proper in the premises.

Dated:  __________________     Signed:  ______________________________