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1 MINNESOTA STATUTES 2009 CHAPTER 611A CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES DEFINITIONS AND GENERAL PROVISIONS 611A.01 DEFINITIONS. 611A.015 SCOPE OF VICTIMS' RIGHTS. 611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS. 611A.021 NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC DATA. 611A.03 PLEA AGREEMENTS; NOTIFICATION. 611A.0301 RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING. 611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION. 611A.0311 DOMESTIC ABUSE PROSECUTIONS PLAN AND PROCEDURES; PILOT PROGRAM. 611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; HARASSMENT. 611A.032 INACTIVE. 611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE. 611A.034 SEPARATE WAITING AREAS IN COURTHOUSE. 611A.035 CONFIDENTIALITY OF VICTIM'S ADDRESS. 611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION. 611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE. 611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING. 611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT. 611A.039 RIGHT TO NOTICE OF FINAL DISPOSITION OF CRIMINAL CASE. 611A.0392 NOTICE TO COMMUNITY CRIME PREVENTION GROUP. 611A.0393 CRIME ALERTS; VIOLENT CRIMES; DISABLED ACCESS. 611A.0395 RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL. 611A.04 ORDER OF RESTITUTION. 611A.045 PROCEDURE FOR ISSUING ORDER OF RESTITUTION. 611A.046 VICTIM'S RIGHT TO REQUEST PROBATION REVIEW HEARING. 611A.05 PENALTIES NO BAR TO CIVIL REMEDIES. 611A.06 RIGHT TO NOTICE OF RELEASE. ELECTRONIC MONITORING 611A.07 ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS. BARRING PERPETRATOR RECOVERY 611A.08 BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT. SEXUAL OFFENSES; DOMESTIC ABUSE AND VIOLENCE 611A.19 TESTING SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY VIRUS. 611A.20 NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE. DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION

ELDER & DEPENDENT ADULT FINANCIAL ABUSE CHECKLIST FOR WHETHER A CRIME HAS OCCURRED: { } Was the elder adult lacking competence or capacity when the transaction occurred? Did the suspect know the client's condition? { } Assuming the elder adult was competent, did he/she fail to understand the transaction? { } Did threats, force, duress or undue influence cause the elder to transfer property or to give or allow use of money? { } Were assets taken or used without permission by someone the elder adult entrusted, expecting that the person would not use the assets for his/her own purposes? { } Did some misrepresentation or promise without intent to perform cause the elder or dependent adult to transfer money or property? { } Is there evidence of other crimes, such as forgery, bad checks, extortion, physical abuse and/or neglect? { } If there is a crime, are there other suspects: family members or friends who assisted, notaries, real estate agents, doctors, lawyers? ACTION CHECKLIST FOR WHEN A CRIME HAS OCCURRED: { } Take steps to preserve assets, or refer to APS, family member, or friend who can take steps to preserve assets. Document your efforts. { } Refer to appropriate other agencies for investigation and prosecution: 1. Abuse in long term care facilities report to: Long Term Care Ombudsperson - 800-231-4024 2. All other types of abuse report to: Adult Protective Services - 800-491-7123 (24 hrs.) Local Law Enforcement Agency { } Gather evidence, if appropriate to your role. { } Take steps during investigation to regain assets if possible. -9- WHO MUST REPORT? Anyone who provides Health or Social Services to elderly or dependent adults (whether or not they are paid) is a MANDATED REPORTER As of January 1, 2007 credit unions and financial institutions are mandated reporters of financial abuse. Welfare & Institutions Code 15630 (a) Any mandated reporter, who in his/her professional capacity, or within the scope of his/her employment, has observed or has knowledge of an

These elementary principles establish the government's obligation to provide medical care for those whom it is punishing by incarceration. An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met. In the worst cases, such a failure may actually produce physical "torture or a lingering death," In re Kemmler, supra, the evils of most immediate concern to the drafters of the Amendment. In less serious cases, denial of medical care may result in pain and suffering which no one suggests would serve any penological purpose. Cf. Gregg v. Georgia, supra, at 173, 96 S.Ct. at 2924-25 (joint opinion). The infliction of such unnecessary suffering is inconsistent with contemporary standards of decency as manifested in modern legislation8 codifying the commonlaw view that "(i)t is but just that the public be required to care for the prisoner, who cannot by reason of the deprivation of his liberty, care for himself."9

Officials indifference to Lee Franks request for protection. The killer has stalked Lee almost three years without any protection.

We have now come to realize 3 Federal employees along with state employees participation. Too profitable for elder probate homicides. Only New York Times wrote about it. The public has little concern for elders and the political parties grand stand they are doing something like in our case but just a show.

Homicide Cover up of Nye Frank

Uncovering Misconduct in Riverside County- up against a big blue wall

http://www.diigo.com/search?what=you+tube+nye+frank+racing Stalking by the killer and his parents against a elder and her family is ok for Riverside County Sheriff an DA.This month Rod Pacheco will do a Victims march. In 2008 he got a award for a elder crime victim advocate program that he had Federal Funding for. Elder Lee Frank was told by County DA Victim Advocate there was not a elder advocate in RiversideCounty. But Rod Pacheco got a public award for his great program for elder advocate that year.

http://www.diigo.com/search?what=you+tube+nye+frank+racing Stalking by the killer and his parents against a elder and her family is ok for Riverside County Sheriff an DA.This month Rod Pacheco will do a Victims march. In 2008 he got a award for a elder crime victim advocate program that he had Federal Funding for. Elder Lee Frank was told by County DA Victim Advocate there was not a elder advocate in RiversideCounty. But Rod Pacheco got a public award for his great program for elder advocate that year.

Watch what I say not what I do.

Water Rights Probate Law Corruption Supervisors

What does water rights, probate, homicide, corruption in Riverside County have to do with Civil Rights?

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This formal approach to the meaning of due process could obviously have limited both Congress and the state legislatures in the development of procedures unknown to English law. But when California's abandonment of indictment by grand jury was challenged, the Court refused to be limited by the fact that such proceeding was the English practice and that Coke had indicated that it was a proceeding required as "the law of the land." The meaning of the Court in Murray's Lessee was "that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country; but it by no means follows that nothing else can be due process of law." To hold that only historical, traditional procedures can constitute due process, the Court said, "would be to deny every quality of the law but its age, and to render it incapable[p.1348]of progress or improvement."23 Therefore, in observing the due process guarantee, it was concluded, the Court must look "not [to] particular forms of procedures, but [to] the very substance of individual rights to life, liberty, and property." The due process clause prescribed "the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. . . . It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law."24 http://74.125.155.132/search?q=cache:zSDVmdAbFyMJ:www.law.cornell.edu/anncon/html/amdt5bfrag2_user.html+Extending+Due+Process+to+Undisclosed+Evidence&cd=3&hl=en&ct=clnk&gl=us

Since Monroe v. Pape, supra, this Court has consistently avoided attaching any requirement of ulterior purpose or improper motive to the statement of a cause of action under 42 U.S.C.A. 1983. Cf. Nesmith v. Alford, 5 Cir. 1963, 318 F.2d 110; Pierson v. Ray, 5 Cir. 1965, 352 F.2d 213, reversed on other grounds, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288. Of course, when an essential element of the wrong itself under well established principles of tort law includes the demonstration of an improper motive as in malicious prosecution

Current issue -This is a request for assistance in ongoing stalking of a elder crime victim, and witness intimidation. Civil and Criminal violations to Leota Ann Frank a 74 year old elder, USA citizen, Civil Rights being violated by offical Misconduct under color of the law violations in Riverside County. Documented Fraud in Riverside Superior Court by the DA and his staff prosecutor Daima Calhoun, Coroner, APS, County Supervisors, DA Victim Advocate staff, and attorney all making a false Statement of Fact to try to prevent evidence of corruption in court. This was stopped by filing a Lemine by Lee Frank with help of internal affairs going around court staff obstruction to serve legal council of county. Proof in every step of corruption documented by mail, email and fax correspondence. Documented proof of officials knowledge and intention obstruction of justice. This Fraud includes official financial abuse. Unfortunately a prior denial by your agency with a reply that this crime was a incident and not a pattern of corruption has proven to be incorrect, and well documented by Melody Scott and the Care Center loss of License. Currently a lawsuit is filed pro se in Riverside County Superior Court, and Los Angeles Federal Court. The current judge states denial of Federal Court, giving indication that there may be Legislative involvement of Brian Floyd. Sheriff audio recording of Phil Reddish a Norco High Wrestling Coach and father of 27 year old attacker. Phil Reddish states on he has assistance by Brian Floyd past Chief Deputy prior position of Senator Rod Pacheco. Lee Frank has been unable to find a attorney to take a case for Civil Rights Violations by officials. The attack of 68 year old Nye Frank was done with intentional and professionally trained martial art moves that used strangulation and smothering techniques known to cause death. The autopsy factually documents the strangulation. The Coroner has homicide with natural cause of death on the report currently

We have a first opportunity for court

thanks to some pretty crazy stuff like officials funding it. Case Suggestions and Requests | Goldwater Institute