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Monday, December 17, 2018

18 U.S.C. 1512 - Tampering With Witness, Victim or Informant: I'm All Three of These

18 U.S.C. 1512 - Tampering With a Witness, Victim or Informant

(1)Whoever kills or attempts to kill another person, with intent to—
(A)
prevent the attendance or testimony of any person in an official proceeding;
(B)
prevent the production of a record, document, or other object, in an official proceeding; or
(C)
prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(2)Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—
(A)
influence, delay, or prevent the testimony of any person in an official proceeding;
(B)cause or induce any person to—
(i)
withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(ii)
alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;
(iii)
evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(iv)
be absent from an official proceeding to which that person has been summoned by legal process; or
(C)
hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(3)The punishment for an offense under this subsection is—
(A)
in the case of a killing, the punishment provided in sections 1111 and 1112;
(B)in the case of—
(i)
an attempt to murder; or
(ii)
the use or attempted use of physical force against any person;
imprisonment for not more than 30 years; and
(C)
in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
(1)
influence, delay, or prevent the testimony of any person in an official proceeding;
(2)cause or induce any person to—
(A)
withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(B)
alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
(C)
evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(D)
be absent from an official proceeding to which such person has been summoned by legal process; or
(3)
hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings;
shall be fined under this title or imprisoned not more than 20 years, or both.
(c)Whoever corruptly—
(1)
alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2)
otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
(d)Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—
(1)
attending or testifying in an official proceeding;
(2)
reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation 1 supervised release,,1 parole, or release pending judicial proceedings;
(3)
arresting or seeking the arrest of another person in connection with a Federal offense; or
(4)
causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;
or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.
(e)
In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.
(f)For the purposes of this section—
(1)
an official proceeding need not be pending or about to be instituted at the time of the offense; and
(2)
the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.
(g)In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—
(1)
that the official proceeding before a judge, court, magistrate judge, grand jury, or government agencyis before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or
(2)
that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.
(h)
There is extraterritorial Federal jurisdiction over an offense under this section.
(i)
A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.
(j)
If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
(k)
Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
I am reproducing this section of the United States Code so that the Chief of Police can learn what the law is.  It is a fact that Lori Jean LaFond and her friends stalked me, Anthony and Jonathan out of the State of California and in to Arizona.  It is a fact that I am a police informant, witness and victim of this crime.  My skull didn't smash itself.  The bullet didn't fire itself.  When Lori altered the DNA report from the Riverside Department of Justice she broke this law.  Then she proceeded to go to Arizona to harass, threaten and intimidate us with her friends, Missy, David, Brian LaFond and others.  She certainly was not there on vacation.  She was there to "finish the job".  This is something we have on tape.
It's very clear that both Anthony and Jonathan were told not to contact me by Jeffrey Katzenberg.  This prevented them from appearing at a court hearing that would have allowed the three of us to tell the judge what Lori had done in the weeks prior to her filing a request for a restraining order.  That request used my own police contact's name and thusly had a chilling effect on my advocacy as a police informant, witness and victim of this crime.  It also prevented me from contacting the police.  I've already been threatened not to contact them, but this order, illegally obtained during a federal stay, a proceeding in the federal court, violates this statute.
Putting Christopher in jail was also another attempt to silence a witness.  He is also a police informant that was incarcerated because of the information that he possessed.  Lori has told him, Steven Frey and Anthony Dabiere that she put them there because they wouldn't do what she ordered them to do.
There are also the meetings between Anthony and Lori in Sedona, Arizona and Christopher and Lori in Palm Springs, California where she tells them "not to help me" and that she works for the Palm Springs Police Department, but not for Bryan Anderson, for her.  There may even be a picture of Lori and Brian holding a gun to Jonathan's head from Sedona.  That picture speaks volumes about what Lori and her friends had planned in Arizona right after the fake DNA report was emailed to the PSPD that zeroed out all the facts.  You can only surmise that the people responsible for that rape needed that report to say something different than the original...those people are Brian and Lori.
This is a very clear case of witness intimidation and tampering.  We had the information we needed at least 8 years ago to stop Lori and her friends, the subsequent involvement of Missy, David and Bessie, shows attempts to threaten, defraud, intimidate and control witnesses to the same crime that they say they are victims of.  This is also illegal.  You can't prefer one witness over another and allow that witness to intimidate all the other witnesses.  That is recorded on tape in the Sedona interview with Anthony.
The law is clearly on the side of the informants and their employees for a reason.  Truthful and timely testimony saves lives and protects the public.  It's a rule that is as golden as any in the law.  Protecting victims, witnesses and informants is the law that must be upheld by the police.  Our department did anything but that.