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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87069
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The chief of police, mayor and his wife (our neighbor/complainant)

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The chief of police, mayor and his wife (our neighbor/complainant) perjured themselves at my husband's and my municipal trial for Disorderly Conduct (over us howling like their beagles for less than 30 seconds when they let them out), which we were found not guilty.

However, the perjury was a statement from the chief that he had investigated and interviewed us (he did not) and also he wanted to 'stop the behavior over here' (we have lived here for 5 years and have lodged many complaints about the situation here, but to no satisfaction on our part. He took action once about overnight trucks idling a block away, but within two weeks the 'board' had him convinced it was not in the best interest of the trucks to stop them.)
The mayor and wife perjured themselves over the actual events.
This caused the 'stand-in' judge to ultimately chew my husband out about being 'embarrassed for the event', made him say as such twice and to further chastise us about how our credibility over any of our complaints had been damaged in his opinion and he will 'throw our case out' if we ever have another complaint.
Now, as some predicted, the situation has gotten worse. We are now experiencing vandalism to our van, property and lawn equipment.
We do not know where to turn. At this point we do not have protection from the police here, the sheriffs won't respond and we do not feel safe. We are willing to move, we just don't have the means at this point.
Thank you for any help you can provide. Lynda
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation here.

What is your primary question, i.e. what are you attempting to achieve here? Are you asking how to hold the mayor and others responsible for the perjury/conspiracy?

Or, are you stating they or their agents are responsible for the vandalism against your property, and the local authorities are not acting against it?

Or not necessarily them who is responsible, but still,the local authorities are not acting?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

Hello, Ely: Thanks for your kindness. We do have several issues and it is hard to separate, but I will try.


Yes, we would like to hold the chief and the mayor responsible for conspiracy/perjury. Perjury would be the most likely to prove as it would require the chief to present a date/time/statement/contents(not just generalizations which he gave on the stand: "They said they did howl and admit to the event". He only had the mayor's statement/complaint and to this day that is all he has. We did not turn in a statement to him....ever.


Yes, we state they are in part responsible for the vandalism, once again this would be hard to prove. In 2009 we had our house and garage paintballed. A different chief at that time did not solve the case. We would told it was politics as usual, my husband had a 63% victory to take over the mayor hood after a recall of the then current mayor. He took himself out of office when he realized there were behind the scene movements to get him out and put in the person the 'Silent Majority' (they called themselves) wanted into office. As a matter of fact, Joe named this mayor/neighbor 'pro-tem' as one of his only official acts. We had gotten along as neighbors. We had grief prior to this and every since. The more my husband complained about the constant noise surrounding our house, the more the chief played him. The chief entertained frantic/frustrated middle of the night calls from my husband (Joe) for 2 winters and would 'investigate' our written complaints, but not be able to do anything as no one else in the neighborhood complained. I made him put it in writing why he would not take action on these complaints.


Yes we believe this Disorderly Conduct charge was contrived from the start. The chief is appointed by the mayor, which we found out in court he is also now the Police Commissioner.


Yes the local authorities do not and will not act on our complaints. We have been told this by the chief actively not acting and in writing/response to complaints we lodged; the judge at our trial stated on record (I believe...we don't have the transcript yet) he would not allow us to bring a complaint to court, we had lost credibility with him; the county sheriff (This was in the past. Joe has a call in today for a return call.); and the DA.


Today we wonder most: 1) How do we move forward about the perjury and is it worth it? We may pay heavily.


2) Who do we turn to for safety and protection? We both are on SSDI. We have neighbors flanking both sides of our yard, one of which is the mayor. Both families have dogs they do not control the barking of. Since we have turned in the other family and were denied by the chief, they have gotten very nasty. We have had odd things happen around our yard that only could be done by someone getting in. Once again no proof of the odd things, but plenty on the dogs barking.


Thanks, XXXXX XXXXX took so long. I understand you may take a little while also!

Expert:  Ely replied 11 months ago.
Thank you, L.

If you feel that the local authorities are conspiring to injure you, then most individuals would seek help from the FBI.

The U.S. Code has general statutes for this that are applied to specific situations such as yours:

Violation: Title 18, U.S.C., Section 241, Conspiracy Against Rights
Description: This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
Punishment: Up to ten years imprisonment and/or a fine.

Violation: Title 18, U.S.C., Section 242, Deprivation of Rights Under Color of Law
Description: This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment: A fine and up to one year imprisonment.

Also, you may have a civil action as well:

Violation: Title 18, U.S.C., Section 1983, civil action for deprivation of rights.
Description: A person whose rights have been deprived can sue the responsible party in civil court.
Relief: injunctive relief and monetary judgment.

One may find their FBI field office here. Whether or not you contact the FBI with this matter is your choice of course, but note that this is a fairly serious claim, so it is best to be sure before pursuing this relief.

1) How do we move forward about the perjury and is it worth it? We may pay heavily. 2) Who do we turn to for safety and protection? We both are on SSDI. We have neighbors flanking both sides of our yard, one of which is the mayor. Both families have dogs they do not control the barking of. Since we have turned in the other family and were denied by the chief, they have gotten very nasty. We have had odd things happen around our yard that only could be done by someone getting in. Once again no proof of the odd things, but plenty on the dogs barking.

See above for answers to both of said questions.

Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87069
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 15 other Legal Specialists are ready to help you
Expert:  Ely replied 11 months ago.
Thank you for your gratuity.

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