Thursday, October 23, 2008

TTSOML #139: Attempted Rape & My Attempt To Press Charges Against FBI

Two different things happened, but the one thing informed me about the second thing. A man who was staying in the house with my neighbor, Ricardo, tried to rape me. I went through hell trying to get this taken seriously. He made enough mistakes in the hearing that the Judge believed me and awarded a restraining order, even though police refused to do anything. I had gone to the ER for the rape kit and had photos taken as well, of the vaginal area, which disappeared from Wenatchee evidence and storage. With him, it was a forced attempt and I wasn't intoxicated at all. I tried to get away and he held me down until I screamed and kicked and moved out from under him.

The Wenatchee police refused to charge him with anything. They also refused to help me with a restraining order. I had to get help from an abuse organization to file a restraining order.

It happened after the wedding shower for Steph, a couple of months later, and Christa was telling me not to report it. I reported it. She knew I had photos taken as well and then all of a sudden they went missing. It was sometime after this that she was telling me she was writing a book which featured Mexico and how it was about a single mother who was gang raped and then had to leave her baby for other people to pick up as she died bleeding to death. This was when she wanted my book to "edit" and asked me to send all my rolls of film to her in NYC and she'd have them developed (after I told her one of them had the photos of her on it, my only pictures of her, standing next to my house).

After what I went through with police and the hospital, which I'll detail in another post, I went to a domestic and sexual assault organization in Wenatchee, and they sat with me as I obtained a restraining order against him, so he had to leave the house. I was still living in the house in Wenatchee with the nosy landlords, and they said they couldn't kick him out unless there was a court order.

It was while I was talking to someone at the assault place, that I learned what date rape was exactly, and the laws regarding "consent". I didn't even know about the law regarding intoxication and consent or what constituted harassment, sexual harassment. This counselor looked it up for me when I was just relaying my history and she said, "It sounds like assault" with regard to what the FBI guys did. She looked up some things and said that my description matched the Oregon statutes for Sexual Assault in the 3rd and that if they were convicted, they'd have to be registered sex offenders.

I suddenly wondered if this was why the Portland FBI was telling me not to tell anyone about it, and that it was just "misconduct" or a possible internal affairs/abuse of position matter. I found out, the people to tell, would be the police. It was their jurisdiction to press charges.

I felt the FBI had not only concealed their FOIA records from me, but that they had concealed crime.

I was still within the statutes to file a report. So I called Portland police from Washington state. It took awhile and then I was put through to, eventually, Sgt. Rich Austria. At first Austria seemed nice, but then I realized he had his own agenda and that was to get the FBI guys off.

I told him the facts, and he wanted to change the facts, and write up his own version.

He told me maybe he could see a misdemeanor, but not actual assault. He wanted to take out the whole part about how I was intoxicated. He said, "I can't prove you were intoxicated." I asked how they did it in other cases, because I was clearly drunk, and they knew it, and the waitress at Berbatti's could verify and he could check the receipts and find out how many vodka sodas and then rounds of tequila were ordered. He kept saying he couldn't prove it. I said, "Well how can you prove I was "groped"?" Austria was trying to tell me he couldn't prove I was intoxicated, but that he would accept I had been groped.

It is the same burden to prove either one, and now that I look back on it, I think he wanted to try misdemeanor and put out something that could be easily refuted, with maybe something like: "Yeah, she was groped, but she liked it." Or, "Yeah, she was groped, but allowed us to and didn't force us to leave her apartment." They could claim to have pursued justice, and then let the guys off.

I had almost never in my life been as drunk as I was that night, and I was completely unable to consent to ANYTHING and these guys thought it was "cute" that I was "drunk already" after ONE drink. And that was before having shots all in a row. I told him he could contact all my friends and family and have them testify as to how little and how rarely I drank.

Austria was dishonest. He refused to take the facts, without trying to change them. I said to him, "You either take all of the facts, or you don't take them at all."

He said he'd write up something to send to the Prosecuting Attorney and I told him, "NO!" I did not trust him to write HIS version of the facts. I told him I wanted to write my own statement, and that I'd mail it to him.

He went against my wishes and wrote his own statement anyway. He filed it and waited for it to simply be dismissed. I never got one thing in the mail from the Portland police.

I called and asked for a copy of the record and they were going to charge me an arm and a leg. I couldn't afford it. I went then to victim's advocates, with the Prosecuting Attorney, and the woman had some odd name and was completely rude to me. She promised to get back to me and didn't. So I went to her supervisor and she said they did receive a statement but that nothing was being done about it. I told her I had not received a copy of this, and no one had told me their offices had dismissed it or chosen not to press charges. I wanted to know which Prosecuting Attorney had been in charge.

Then I went back to Austria, who was then the head of the sexual assault department. I told him he had directly violated my trust and had gone against my wishes and not even waited for my statement. He said he would have to talk to the FBI about it, because it was "their case".

I wondered how this was the FBI's case, when the books clearly state CRIME is the jurisdiction of police, in the vicinity of which the crime occured. It is not the FBI's jurisdiction to attempt to press charges or not, on their own guys. Austria said the FBI told him THEY were "handling" things and he couldn't get involved. I reminded Austria whose jurisidiction this was, and then he said he'd talk to the FBI again and when he got back to me, he said I could call " Bob" who was either the second in command there or the top guy. I think he was number 2. So I called this guy up and his offices kept telling me to call back, that he was out of the office. I called so many times, and was given the runaround. So I told them I had recorded my conversation with Austria and of their assistants, and they were telling me to CALL and that Bob told them to tell me this, and then he was never available to talk and never returned my calls.

I can't even remember if I got through to him. It seems like he did and he brushed me off, or he told someone to transfer me to someone else. I believe that was what happened, and that was when I got transfered to the guy who faked a phony accent after I told Christa I was trying to press charges against the FBI guys and that I was getting transfered to someone else. I told Christa that his name sounded like a conservative midwest or southern name and if he had a southern accent, I'd know he wasn't Catholic. She already knew I was worried it was going to be handled by someone who was Catholic and who would do his best to get Raul Bujanda and Armando Garza, off.

Obviously, this guy wanted to fake an accent and make me think something for a reason, and there's only one place he would have gotten this information from. This FBI guy also said they were "handling" it and claimed they had already asked the DOJ in Washington D.C., about it and that the DOJ told them to take care of things themselves. Then, this FBI guy asked me if I'd ever been diagnosed with a mental illness before. I said NO and asked if that was what their defense was, or what he wanted it to be.

Later is when I found out this FBI guy didn't even have a southern accent at all. I caught him off guard and his accent was East Coast. I exclaimed he was from the East Coast and he said, yeah, he'd already told me that, and he said this is a muffled hasty cover up way. I said, "No you did NOT." And he knew I was putting two and two together. He had been faking his southern accent up until then.

I was ignored after this. I got a letter from Washington D.C. FBI headquarters, telling me to make my requests to Portland and Portland was telling me to make my requests to D.C. Neither one of them ever gave me the records of what was in the file.

Shortly thereafter, Sgt. Rich Austria received a fat promotion to Homicide. I even think they put him in charge. I found out that going from Sexual Assault to Homicide is a jump on the ladder. So Mr. Austria found his reward and pay off. No one will ever convince me it was anything but that.

I later looked Austria up online and saw an Austria was in a high place in government in the same state with the KOC headquarters (knights of columbus) and that he was a member of KOC too. It all just made me wonder if Sgt. Rich Austria was Catholic. Well, not just "Catholic" but mafia more than anything.

I tried to get somewhere with Victim's Advocates and the head of the Prosecuting Attorney department, even talking to Michael Schrunk, but I didn't get anywhere. They just left it all up to the FBI.

The FBI is not going to police their own people. This was the place of the Portland Police and the justice system and they ignored a crime, and what was worse, was the fraud and concealment of crime and obstruction of justice by the FBI and police.

I tried taking it the OIG but I was shut down by people who seemed to have wind of my case before I reached them, and I never got anywhere with the DOJ either.

Certain people were always moved into position to head me off

I think it was the fault of someone in the FBI that Nacho was murdered. Someone probably thought Nacho had information on something dirty that their guys were involved in. Nacho was killed just a week or so after I told Portland and Seattle FBI about him.

I will write about what happened to Nacho next.

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