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A Personal Mission: Police Abuse

Claudia Treacy

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uestion is Reuben B. Hill. This is a first, Ms .Sourwine tells me, complaint ever filed against a sitting judge by her organization.

I am attaching the complaint which was faxed to the Indiana Supreme Court as well as the Indianapolis Star on the Friday before Memorial Day. Ms. Sourwine's work for the Police Complaint Center is totally gratis. I ask that this complaint against Judge Reuben Hill be posted on Fourwinds, with the following explanation:

Timothy Treacy is a victim of political persecution. His only crime is demanding his Constitutional rights. initially, his friends and family believed Timothy was an exception. After over a year of this persecution and much investigation, it has been determined, that although Treacy's case is one of the worst, it is one of many cases of illegal incarceration for the purpose of putting money into the pockets of politicians and judges. The Police Complaint Center has now entered into a new realm. Timothy Treacy's case will soon be featured on their website. It was through Treacy's refusal to buckle nor to accept a plea, which has now cumulated in a team of good men and women, who value our Constitution and Freedom, along with impartial justice for all, who are desperately working to expose the corruption within the private prison industry, with ties going all the way to our Congress and United States Courts. This complaint illustrates just some of what is unjustly wrong with Treacy's situation. The complaint is self explanatory.

On May 22, 2008, Timothy Treacy's family and friends appeared at the court to support this brave young man. We were told the trial on the 2006 case would be held in Court F 22. The day before I was told he was to be tried in his orange jumpsuit. I asked that anyone available come to support Timothy . We had a group of supporters, indeed. While we were waiting in F22, the judge and the prosecutor held a hearing in F18, where our group originally met ,and where the bailiff asked us to move to F22 for the trial.. Timothy did not know we were in the building. He was told that day that he now has a new pre-trial on June 11th and a trial on four cases on June 19th. After the Supreme Court received the complaint, Treacy's block had a "shakedown," At that time ONLY Treacy's court papers were either destroyed and/or stolen.

I ask for anyone who had been abused by police (this is where it begins), arrested and/or jailed unlawfully, or have had a bad experience with the justice system or a jail, to visit The Police Complaint Center  and please file a complaint. We have opened a mail center in Indianapolis. There are volunteers all over this country. We have been told we will find our mission. It will come to us. Well, that's a fact.

A good friend met a "facilitator" who came to her work place. This was providence at work. What has developed since connecting with the "spiritual facilitator" is a true miracle.

With love and light.

Claudia Treacy

claudia.treacy@sbcglobasl.net

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POLICE COMPLAINT CENTER

LESLIE SOURWINE

PO BOX 1012

BURLINGTON, IOWA 52601

Delivered Via Facsimile

 

May 23, 2008

 Judicial Qualifications Commission

Indiana Supreme Court

Division of State Court Administration

30 South Meridian Street, Suite 500

Indianapolis, IN  46204

Pho: 317.232.2542

Fax: 317.233.6586

 Timothy Treacy filed a complaint with the Judicial Qualifications Commission against Judge Hill months ago.  In open court, Judge Hill acknowledged the filing and it was placed in the court file, including the letter from Ms. Babcock.  Subsequently, during a visit to the court room to retrieve copies for the federal court, Tim Treacy’s mother was declared to be in contempt by Judge Hill and ordered handcuffed.  Ms. Treacy was so frightened she vomited right in the courtroom.  Since that time there has been extreme tension in the courtroom. 

 Judge Hill had an attorney, an AJ Reiber, visit Tim Treacy at Jail #2.  During a midnight visit at the jail, Reiber, who was not Treacy’s attorney, told him he was there at the request of Judge Hill and that he needed to conduct himself differently in the courtroom.  Reiber also instructed Treacy what he had to say.  That was not the only midnight visit Reiber paid to Treacy.  Treacy who had to be awaked by these guards for these visits, reported feeling very intimidated and frightened by these midnight visits.

 Tim Treacy has five cases in Judge Hill’s courtroom. He had 4 DUIs in a very short period of time.  There is also a probation revocation matter.  There does seem to be a deliberate targeting of Mr. Treacy by law enforcement officials since Treacy refused requests to be an informant for the police.  In addition, the November 2007 arrest took place after Treacy notified a police officer that he intend to file a civil suit against him for an unlawful arrest and would report him for ethics violation.

 Recently, Tim Treacy filed a motion to have Judge Hill, who is a former state police officer, to recuse himself from hearing his cases.  Judge Hill summarily denied the motion without a hearing and a court staffer told the attorney filing the documents as a favor to Treacy that he would be tried the next day at 9 a.m. in front of a jury without an attorney.

 Three of the files against Tim Treacy are a year or older.  In July of 2007, Tim Treacy filed a Motion for a Speedy Trial on those cases.  He “has not” requested continuances and “has not” instructed his previous counsel to ask for continuances.  He will be more than happy to do an affidavit to that effect.  He has spent approximately 250 days in jail since the filing of that motion.  (He was out briefly.)  During the most recent stretch he has spent six months in jail.

 On the latest charge, he has been incarcerated since November 8, 2007.  Although he did not request a speedy trial, I understand Indiana law (Criminal Rule 4) requires that someone who is incarcerated be tried within 6 months.  That deadline would have passed two weeks ago.

 Recently Tim Treacy filed a Motion to Dismiss all 4 charges under Criminal Rule 4.  Judge Hill again summarily denied the motions, without a hearing, and told him he would stand trial on all four charges.   In court, May 22nd, Thursday morning, the Magistrate in attendance told Treacy that the delays had been because he had been asking for continuances.  As noted, Tim Treacy adamantly denies this.  The only continuance he requested was the one Thursday where he was to go before a jury on the four cases, with no legal representation whatsoever.  Nonetheless, as I said today’s continuance came after the six month period expired on the November charge.  All four charges should be dismissed under Criminal Rule 4, especially the three charges that only require 70 days in jail charged to the State or the Judge.

 Judge Hill has violated his Judicial Ethics by his refusal to recuse.  Further, Judge Hill held a hearing in which the court transcripts say Mr. Treacy was in attendance, when in fact Mr. Treacy was not. At that hearing an attorney was appointed for Mr. Treacy when in fact he had an attorney, Mr. McQuary.  

 Mr. Treacy is not represented by council, he is indigent.    The public defender’s office has refused to represent him.  Judge Hill has told him that he thus has to hire legal counsel or proceed without counsel.

 There is evidence that the court file has been tampered with.  The file contains the judicial complaint, a letter from Ms. Babcock, and a highly prejudicial letter from Treacy’s previous counsel that discusses strategy regarding the four cases.  The files are missing probable cause affidavits on 2 of the 4 DUIs.  Wednesday, May 21st  an attorney, as a favor, took to the court Mr. Treacy’s Motions to Dismiss, and Judge Hill’s court reporter took over from the court clerk and told him that only an “attorney of record” could file things in court and said he had to enter an appearance to file the motions for Mr. Treacy.  The attorney told her that was simply not true, that you do not have to be the person’s attorney to physically file documents with the court.  Eventually she relented, but still demanded to know who he was so he could be reported to Judge Hill.  The attorney said that in the 20 years he had been practicing law, he had never encountered such extreme hostility in simply filing documents in court.

I, Leslie Sourwine declare under oath that according to the information I have received the statements in this complaint are true.  I have no malice against Judge Hill or anyone else mentioned in this complaint.

(Signature)



Leslie Sourwine, Administrative Services Director

Police Complaint Center

Fax: 954-208-0866

Phone:  850-322-0039

 

DIOP KAMAU, CEO

1400 VILLAGE SQUARE BLVD. SUITE 3-161 - TALLAHASSEE, FL 32312

TEL. 850-459-3003.  FAX 954-208-0866