Homophobia in Mendocino County, California
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Letter to Editor

Eagle Springs
Mendocino County, California
Marc Tosca, Owner
January 8, 2003

Editor:

Re: Marc Tosca v. County of Mendocino, et al.

This letter is to inform the public and the legal community that on October 17, 2000, Marc Tosca, a resident of Ukiah, Mendocino County, sued in United States District Court, the County of Mendocino and individual Sheriff's Deputies: Lt. Kurt Smallcomb, Deputy Joseph A. DeMarco, Deputy Christy Stefani, and DA Chief Investigator Timothy Kiely, among others, for their outrageous actions in what was tantamount to a gay witchhunt.

The public should be advised of the Mendocino County Sheriff Department's and the District Attorney's willingness to engage in misconduct, to violate a citizen's civil rights, terrorizing, harassing and demeaning him, causing great emotional distress in falsifying a police report and executing a decoy/sting operation upon his person and his private residence, based upon a false police report being filed by James Allen Mallo, a multiple offending registered sex offender, convicted rapist and child molester, that a non-consensual sex act had been performed upon him by a gay (and disabled) man.

The Sheriff's Department and DA did not bother to consider the reporting party's extensive criminal history of sex crimes nor his obvious extortion/blackmail attempt. They just wanted to harass and terrorize a gay, disabled man who had no police record whatsoever.

A settlement agreement was filed on November 6, 2002 that includes the County of Mendocino implementing sensitivity and cultural diversity training; a letter of apology written to me and signed by the above named offending deputies [two of which are now former deputies] and the District Attorney's Chief Investigator; and the County of Mendocino is to grade the road on my property.

It is my firm hope that the sensitivity training now implemented by the County of Mendocino as a result of this lawsuit will make some kind of difference in this community; stop the rampant homophobia within law enforcement here in Mendocino County, thus all citizens will be respectfully treated.

I am respectfully requesting that you publish both my letter and the letter of apology signed by the deputies and the District Attorney Chief Investigator involved in this unfortunate incident in your publication in order to make the public aware [and also my own community] of what occurred and who was at fault. If you wish you have my authorization to publish the settlement agreement and the complaint as well. Thank you for your time.

Respectfully,

Marc Tosca
Ukiah



Letter to Neighbors

Neighbor,

Pine Ridge Road being our home, you are therefore all being contacted directly, thus advised. As fate would have it, one of you were eyewitness to the "Gestapo" manner of our Sheriff's Department that late afternoon at my gate....

Eagle Springs is a 527-acre ranch purchased on December 21st, 1990, thus becoming the home of domestic partners, Harry D. Kirkpatrick and Marc Tosca. While Harry (some of you knew him) died in November of 1993, our Domestic Partner Certificate still hangs on the wall in full view for all to see, and shall remain hanging until it's no longer my home.

Eagle Springs being Ukiah's answer to the Winchester House, there have been no less then 525 men and women, their offspring, and siblings of the offspring, who have worked here. Indeed, and for obvious reasons, anyone who works at Eagle Springs is made aware of the certificate on the wall. Should anyone and for whatever reason have a problem with same, that is certainly their right and they can simply elect not to work at Eagle Springs.

One would think that indeed, it would end there. However, more times than I care to remember, there have been those, given their contempt, lack of intelligence, envy, and/or whatever one may wish to call it, who attempt to pull off the oldest con known to that of mankind. Simply put, the hustle — a/k/a blackmail. They foresee extorting Marc Tosca, and/or someone like him. As after all, it's their word against a Queer, and who is going to believe a Queer.

Exactly what the 31-year-old Mr. James Allen Mallo and his allies in the Sheriff's Department and in the District Attorney's office attempted is enclosed in the summary made from the very records of the Sheriff's Department and the District Attorney.

The "Gestapo" raid consisted of no less than six persons, five deputies and the District Attorney's Chief Investigator all of them, bear in mind, on overtime pay. Yes indeed, neighbors, our tax dollars at work. As if such a waste of tax dollars was not enough, aerial photographs were taken of my home by a certain William Rutler who was in charge of that sting.

Our neighbor, Annie Taylor, refusing her beau's demand that she cease her friendship with, memory serving that faggot, severed their relationship, Annie accepting my invitation to attend the "Event of the Heart" fundraiser put on by the Mendocino County Aids Volunteer Network.

Annie's former beau is none other than William Rutler. Having been served with a federal subpoena, at his deposition, and under oath and penalty of perjury, Mr. Rutler responded that he didn't recall saying anything like that faggot to Annie.

The cast of characters representing Mendocino County, all of whom were served with federal subpoenas to testify by their respective video depositions, in alphabetical order were:

MCSD Deputy (former) Andrew Cash
MC Superior Court (retired) Judge Conrad L. Cox
MCSD Deputy (former) Joseph A. DeMarco
MC Chief DA Investigator Timothy Kiely
MCSD Sgt. Marc C. Mitchell
MCSD Deputy Scott Poma
MCSD Deputy (former) Frank Rakes
MC William Rutler
MC Chief Deputy DA Myron Sawicki
MCSD Lt. Kurt Smallcomb
MCSD Deputy (former) Christy Stefani
MCSD Sgt. Jim Van Hagen
MC DA Norman Vroman

Via the California State Attorney's office, Cox issued, under penalty of perjury, his declaration, thus being the exception to the video deposition.

Chief DA's Investigator Kiely finding humor in the charge, broke into laughter, on camera no less.

DA Vroman, who had said "Tosca was not going to get his way," and having been barred by federal court order [see below] in attending any depositions, excluding of course his own, yes indeed, Ukiah's answer to that little guy from Austria, was absolutely livid.

Order Barring the Attendance of Mendocino County District Attorney Norman Vroman at the Depositions Taken in this Case

This matter came on for hearing at 10:00 A.M. on August 15, 2001, before this court. Plaintiff appeared personally and by counsel Linda S. Mitlyng and William B. Phillips, and the defendants did not appear, but were represented by Deputy County Counsel Galen Gentry. Mendocino County District Attorney Norman Vroman (Vroman) although previously ordered by this court to be present at this hearing, failed to appear.

Vroman is not a party to this action, nor does he represent any of the named defendants in a legal capacity. He has no legitimate interest in this case that would require or justify his attendance at any deposition taken.

The court having read the pleadings filed by the respective parties, and having heard the arguments of counsel, and being fully advised of the laws and issues involved in this case, enters the following order:

IT IS ORDERED that Vroman is prohibited from attending or participating in any deposition taken in this case. The court further orders that the only individuals who shall be in attendance at the depositions taken in this case shall be the deponent witnesses, the defendants, counsel and staff for the respective parties, the certified court reporter and the videographer, unless further ordered by the court.

Dated:  AUG 22 2001      


                 WILLIAM H. ORRICK
      _________________________________________
      Judge of the United States District Court

DA Vroman's criminal charges filed against me were presented before the Honorable Ronald W. Brown in the Mendocino County Superior Court. Enclosed hereto is a copy of page 74 of the court transcript.

Court Transcript

DA Vroman's actions against Judge Brown are certainly public record. Memory serving, one involved Attorney Phillip De Jong filing with the State Attorney General in defense of not only Judge Brown, but any judge Vroman objected to. Vroman apparently still believes he is not subject to the law. One would think that after the sentence he received from Federal Judge Lynch that Vroman would have gotten over himself. However, now that he's Mendocino County District Attorney, may God help those Vroman does not like. In the end, as always, it shall be the citizenry that pays the piper.

Chief Deputy DA Sawicki's attempt in justifying the search warrant and his attempt at verification of Mr. Mallo's credibility certainly defies logic.

While Ukiah's homophobic ol' boys clubs are incestuously corrupt and morally void, without question their days are numbered. Just the same, what took place by the people who are responsible for law enforcement and that of the community is beyond despicable and an utter affront to that of a civilized society.

Having lived in the McCarthy/J. Edgar Hoover/Roy Cohn America, rest assured I shall do everything in my power to prevent that America to ever exist again, even as I enter my seventh decade.

Law enforcement must be accountable to the community.

This letter to you, my neighbors, is neither to vent and/or seek vindication. It's simply to state the facts as they are.

Marc Tosca
Ukiah


FOOTNOTE...

Headline from the Press Democrat (Santa Rosa, California) dated Saturday, October 28, 2006:

"Feds Were Planning Raid On Vroman's Home —
Agents preparing to search D.A.'s property for suspected pot, weapons."
(Vroman had died September 21, 2006 of a massive heart attack.)



Excerpt of April 2, 2002 Letter
From Marc Tosca

...At the "cover up charges" trial, the D.A. advised Defense Counsel that he (Defense Counsel) was well aware that the Sheriff's Department was "HOMOPHOBIC" and they simply wanted his client "REGISTERED."...



Notice to Law Enforcement

October 23, 2000

John D. Williams
CHIEF OF POLICE OF CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482

Anthony Craver
SHERIFF OF MENDOCINO COUNTY
951 Low Gap Road
Ukiah, CA 95482

Re: My Client: MARC TOSCA

Dear Sirs:

This letter is to serve as formal notice that pursuant to the harassment of my client, Marc Tosca, by employees of both Ukiah Police Department and Mendocino County Sheriff's Department, I have advised my client to carry a hand held tape recorder with him AT ALL TIMES and to record any contact whatsoever made by agents and employees of either Ukiah Police Department or Mendocino County Sheriff's Department. Please be so kind as to inform your agents and employees via inter-department Memorandum, that Mr. Tosca carries a recorder with him at all times and it should NOT be mistaken by your employees as a weapon or gun on his person, should an officer come into contact with Mr. Tosca.

Please be advised that Mr. Tosca is a disabled person, a protected class of people, and he carries no weapons on his person or in his vehicle at any time. Any future or continuing harassment of my client by your agents and employees will bring immediate action by this law office.

We regret that this letter has become necessary and that Mr. Tosca cannot live peacefully in his community without enduring undue harassment by the police agencies in the area. We respectfully request that any and all harassment of my client, Marc Tosca, by agents and employees of each of your Departments, cease and desist forthwith.

We are enclosing a copy of the Complaint filed by this office on Mr. Tosca's behalf in the U.S. District Court, Northern District of California, against the County of Mendocino [Sheriff's Department]. It would be unfortunate if such a complaint would also be necessary against the City of Ukiah for ongoing undue harassment by its police officers.

If you have any questions or comments, we would request that they be put in writing and sent to my law office at the above address. Thank you for your anticipated courtesy and cooperation and informing your officers and each of them, that Mr. Tosca has been instructed by his counsel to carry a tape recorder [usually in his shirt pocket] at all times.

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contact: marctosca@yahoo.com