Monday, September 7, 2009

http://www.youtube.com/watch?v=XN3IaYVf4VA

My abuser, Oceanside Police Lt. Shawn Murray, petitioned the court requesting that the District Attorney's Office "seal and destroy his arrest record".

The DA's Office responded to his request on October 31, 2008 with an "Opposition to motion to seal and destroy arrest record pursuant to Penal Code 851.8".

The DA replied:

"What the petitioner needs to do to prevail at this motion is point the court to facts that he did not commit the crime. However, in his declaration, he sets forth sufficient evidence that supports his arrest. In fact, using ONLY the declaration the court should deny this motion as it sets forth ALL the elements required to show that there was reasonable cause to believe that he committed the crime. Petitioner had the correct procedure (submit a declaration), however, the desired effect has backfired. In his attempt to show "no reasonable cause" existed, he in fact details evidence that justified his own arrest"

The DA went on to state:

"Petitioner was arrested because the victim called "9-1-1", reported abuse and remained on the scene until the police arrived. The victim reported that the petitioner choked her, drug her through the house, and that petitioner picked her up and threw her through the threshold of his doorway. The victim positively identified the petitioner and gave a similar story to the officers that she had on the phone. Officers at the scene verified that they saw marks and bruises on her neck and elbow, where you would expect injuries to be after being choked and forced out of the door. Plainly put, the victim went to the petitioners house, he allowed her inside and then he battered her. The police responded, listened to the victim, saw her injuries that corroborated what she said and made an arrest based on those statements. This was a text book case of domestic violence."

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