Mr. Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division Criminal Section
P.O. Box 66018 Washington, D.C. 20035-6018
(202)514-3204
Dear Mr. Lee,
I am writing to demand the investigation and prosecution of a capital crime. The reason I use the word demand is because I have evidence in the form of a tape recording with one of the perpetrators admitting to the crime. With that said, the crime in question is US code Title 18 Sec. 241, conspiracy against rights.
Sec. 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in
any State, Territory, Commonwealth, Possession, or District in the free exercise or
enjoyment of any right or privilege secured to him by the Constitution or laws of the
United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with
intent to prevent or hinder his free exercise or enjoyment of any right or privilege so
secured -
They shall be fined under this title or imprisoned not more than ten years, or both; and
if death results from the acts committed in violation of this section or if such acts
include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to
commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this
title or imprisoned for any term of years or for life, or both, or may be sentenced to
death.
First, I will briefly tell you the circumstances surrounding the crime. Then, I will demonstrate why this is a crime of a most heinous nature. Thirdly, I will respond to several verbal rebuttals extended to me by Justice Department lawyers as to why they would probably not investigate or prosecute this crime.
Five of my brothers children were placed into protective services by the Oregon State Offices for Children and Families (SOSCF) in 1985. Eventually, they were returned home but remained under the temporary custody of the SOSCF. After the children were returned home, my brother and his wife had another child, Angela. My brother then legally moved to a larger home in another county in Oregon. The judge overseeing the case felt that my brothers moving was an attempt to get the case out of her courtroom. As a result, the judge ordered the SOSCF to pick up the five children. As I was the person babysitting the children at the time, the court called and informed me the children were to be picked up and placed in protective custody. I inquired as to whether the baby, Angela, was also going to be picked up. After, having read the transcripts of the hearing on that day, I have determined the court did not even know Angela existed until I mentioned her to the clerk. The judge, having found out about Angela, ordered that she also be picked up, even though she was still breastfeeding.
This order by the judge was illegal on several grounds. The first is Angela is a resident of another county and therefore outside of the judges jurisdiction. Second, under Oregon law there must be a complaint before a child can be removed from a home. Third, under the law the authorities must believe the child is in danger. While the other children were originally removed from their parents for harsh and excessive discipline, i.e. corporeal punishment and failure to take the older two girls to counseling, the state was aware that corporeal punishment was not used on infants by their parents. Hence, the state had no reason to believe Angela was in any danger. The caseworker, Christopher Chernoff, even stated to me on that day he did not believe any of the children should have been picked up.
My brother, having no desire to see his youngest child also placed in temporary custody of the state, exercised his right to a trial. The state knew they could not win in a trial environment because actions they had taken were illegal. So, instead of returning custody of Angela to her parents, the caseworker and others decided to hold my nieces and nephews as hostages in an attempt to get my brother to sign a statement. This statement would have stopped my brother from being able to sue any of the parties involved. My brother would not sign this statement, or give up custody of his daughter. My brother was explicitly told by Christopher Chernoff, he was not getting any of his children back was because he was fighting the SOSCF in court over custody of Angela. This conversation was legally tape-recorded and a copy is included with this package. It should be noted, in this recording that Chernoff uses the word "we" when describing the decision not to return the children. The state dropped their suit seeking custody of Angela the day before the trial was scheduled to begin.
The facts are irrefutable. The caseworker, Christopher Chernoff, and his accomplices conspired to threaten and intimidate my brother, Roger Olsen, from the free exercise and enjoyment of his rights, and because having exercised these rights as secured to him under the Constitution of the United States of America. The right to a trial is definitely a right or privilege under the Constitution. This offense includes kidnapping; illegal acts committed under the color of law are still illegal. The penalty for this crime is "they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death." His accomplices may be several people, possibly including the prosecuting attorney, Amy Holmes-Hehn. Since, it is known the caseworker did not have the power to draw out the "charges" until the day before trial. This power rests with the prosecuting attorney. Furthermore, the prosecuting attorney could not keep the children out of the home without the help of the caseworker and possibly his supervisor. A first year law student would know that the judges authority ends at the county line. So, one could assume Holmes-Hehn also knew this and stalled the case for reasons previously listed. Also, not above suspicion of wrongdoing is the childrens attorney, Brian Baker, who should have known the case was without merit. Instead of trying to reunite children and parents however, he aided the prosecutor and caseworker in their efforts to get carte blanche for their actions. In order to show the state did indeed have something to hide, I have included two letters from the childrens physician, Donna Ching. Please note, these letters were not given to the parents by the state as required under evidence laws, but by the physician. The incidents referred to in the letters occurred the first and second time that the children were placed in the states care.
This crime is more heinous than the Rodney King beating. This division of the Justice Department prosecuted the officers involved in the Rodney King beating. So, I have been taking an informal survey. The question is simple. Would you rather have police officers beat on you or have your children taken away? So far, my results have shown 100% would chose the beating. Any good parent would rather be beaten than have their children taken from them. This shows that this is a more severe crime than the Rodney King beating. The pain inflicted cannot be shown using photographs of bruises or x-rays of broken bones, but it is real and it is there. It is a worse pain than any man can deliver with a nightstick. I have seen this pain. I saw it remove the ever-present smile off of Angelas innocent face. I saw it bring my 280lb brother to his knees in tears. The question in this case is not whether my brother was in the wrong. Just as the Rodney King case was not about whether Rodney King was driving drunk and speeding. This case is about abuse of power. It is about people who are willing to sunder a family in order to protect themselves and to achieve their way. It is illegal. It is wrong.
I have talked to two different people at the Justice Department, Linda Troop and Ryan Hatch. I was given various reasons why this case would probably not be prosecuted and what I should do. Curiously neither one asked to listen to the tape recording. First, I was told I should file a civil suit. There are a couple of reasons this is an insulting statement. The Constitution states justice should be free. Why should I have to pay a lawyer to get justice? Second, I am seeking justice, not money. If I could sue, would it set an example to others not to harm children in this way? No, it would not. The law protects the caseworker and the prosecutor from suit. If the children had been murdered would I have to sue before justice would take place? Then, I was told I should complain to the agency involved. My response to this was "Will the supervisor arrest and try him?" I want the law to be upheld. These actions are illegal. All previous complaints about caseworker malfeasance fell on deaf ears. Worse, the parents were branded as "troublemakers" who should "just do what they are told." Retribution by the SOSCF is a real fear. I had not gone public or complained to the SOSCF for fear the children would be removed from my home where they were receiving foster care from a relative. I was afraid they would once again be split up and placed in abusive foster homes. I was also told I should go to the State authorities. I have tried to do that. I was told I would need to go to the District Attorney. The District Attorney is the supervisor of the prosecutor whom I suspect is involved. I see a possible conflict of interest here. I do not know what type of person the District Attorney is, but I do not want the prosecuting attorney to be given the chance to destroy documents relating to this crime. I have been told since there has not been any publicity surrounding this case the department would probably not investigate. I would like to believe I am writing to the Department of Justice not the Department of Public Relations. If this is really the Department of Public Relations then let me know so I can send this letter along with the tape recording to all the major newspapers, talk radio shows and television networks. Of course, if I have to do this it will give the perpetrators time to get their stories straight and hide any evidence thus making successful prosecution less likely. The fourth reason given to me was the criminal section does not handle this type of case (nor does any other section). I have already shown how this case is more grievous then a police brutality case. The fact is this type of case should be prosecuted. The SOSCF is without fear in Oregon. The caseworker was not even concerned enough to try and disguise his actions. To sum up what the SOSCFs attitude is in Oregon I will quote what the caseworker, Christopher Chernoff, told my brother; "As far as you are concerned I am God." I also have that on tape. People in this state live in fear of the SOSCF. Not in fear that they are going to get in trouble for doing wrong, but that their children will be taken without just cause. Even now, as I write this, I look at my three-month-old daughter and fear the SOSCF will seek retribution by taking her.
Members of my government have committed a crime. This is a crime against innocent children. I am risking much by writing this letter, but as a citizen who believes in the American justice system and wishes no harm to fall on other innocent children, I feel it must be written. This crime must be revealed and prosecuted. Many point to cases like this to espouse antigovernment viewpoints. Please, let me be able to hold this case up to show that our system does work.
Sincerely,
Richard Scott Allen Olsen
Cc: Ron Wyden
717 Hart Senate Office Building
Washington, D.C., 20510
Gordon Smith