June 6, 2013 TO: All Residents City of Sunnyvale, California Department of Public Safety 700 All America Way

Sunnyvale, California 94086 Congressman Mike Honda State Representative Paul Fong State Assemblyman Gordon Rich

I, Mary Johnson a United States Citizen Reserves the Right to Exercise my 1st Amendment Right of Freedom of Speech and attest that the following is a true and accurate statement regarding Sylvester Johnson and Sunnyvale Department of Public Safety:

On February 14, 2013, Mary Johnson sent by Certified United States Postal Service a DEMAND Letter to Sylvester Johnson Department of Public Safety 700 All America Way, Sunnyvale, California 94086. Sylvester Johnson had 30 days to respond to the DEMAND Letter and he refused to respond. The DEMAND Letter contained many important issues that have financially impacted Mary Johnson in a negative way since November 2006. Suing Sylvester Johnson has now become a Moot issue. There will be nothing for Mary Johnson to gain taking Sylvester Johnson back to Court to recover the monetary loss that Sylvester Johnson Extorted and Embezzled from Mary Johnson through De-Fraud, Deception and Malice.
To practice fraud; to cheat or trick; to deprive a person of property or any interest, estate, or right by fraud, deceit, or artifice. People v. Wiman, 148 N. Y. 29,42 N. E. 408; Alderman v. People, 4 Mich. 424, 09 Am. Dec. 321; U. S. v. Cur- ley (C.C.) 122 Fed. 740; Weber v. Mick, 131 111. 520, 23 N. El 640; Edgell v. Smith, 50 W.Va. 349, 40 S. B. 402; Curley v. U. S. 130 Fed. 1, 04 C. C. A. 309.

Sylvester Johnson, Deceitfully Lured and Coerced Mary Johnson in attending a trip to Las Vegas, Nevada with no intent of returning to the family home or marriage. A few months prior

to the planned trip to Nevada, Sylvester Johnson had manipulated and coerced Mary Johnson to obtain a Second Home Loan through DiTech in the amount of $100,000.00 with the intent to Extort, Embezzle, Deceive and Deprive Mary Johnson. Sylvester also Conned Mary Johnson into marriage with the Intent to Commit Financial Extortion, Embezzlement and Fraud as well as Mental, Emotional and Financial Abuse under The Color of Law and through the manipulation of Deception. Sylvester Johnson owned a home prior to marriage on Meadowbrook Dr, Tracy, California. Sylvester Johnson added Mary Johnson after marriage to the Title of Joint Tenancy on the Meadowbrook property located in Tracy, California. The Meadowbrook property was sold and during the Title Signing Sylvester Johnson secretly had Mary Johnson sign a Quit Claim Deed without knowledge or consent. Mary Johnson did not discover she had signed a Quit Claim Deed on the Meadowbrook property until the Divorce Trial in San Joaquin County. In which Mary Johnson explained to Judge Appel that she had no idea what a Quit Claim Deed was and was not aware of signing such document that Sylvester Johnson deceitfully and secretly executed instructions to the Title Company. Sylvester Johnson knowingly deceived, deprived and manipulated Mary Johnson with his Criminal behavior and selfish personal gain. Having no regard for anyone else.
The intent to commit a crime: malice, as evidenced by a criminal act; intent to deprive or defraud the true owner of his property. People v. Moore. 3 N. Y. Cr. R. 458. (source: Blacks Law Dictionary) http://thelawdictionary.org/criminal-intent/ Color of law refers to an act done under the appearance of legal authorization, when in fact, no such right existed. It applies when a person is acting under real or apparent government authority. The term is used in the federal Civil Rights Act, which gives citizens the right to sue government officials and their agents who use their authority to violate rights guaranteed by federal law. http://definitions.uslegal.com/c/color-of-law/

During the Divorce of Sylvester Johnson and Mary Johnson; Sylvester Johnson changed Mary Johnsons United States Postal Service mail and the mail of her minor children illegally to a Post Office Box on Mary Avenue, Sunnyvale, California.

Sylvester Johnson has been receiving Mary Johnsons mail since 2006. Mary Johnson has repeatedly requested that Sylvester Johnson return Mary Johnsons mail and the mail of her 2 minor children. Sylvester Johnson has ignored all requests by Mary Johnson. At the request of Mary Johnson the United States Postal Service is conducting a Federal Investigation against Sylvester Johnson for Theft or Receipt of Stolen Mail.

18 USC 1708 - THEFT OR RECEIPT OF STOLEN MAIL MATTER GENERALLY

Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein;

HTTP://WWW.LAW.CORNELL.EDU/USCODE/TEXT/18 /1708
Sylvester Johnson: Committed Fraud Upon The Family Court in which Sylvester Johnson failed to disclose as well as misrepresent to San Joaquin Family Court and Judge Robin Appel and his Attorney on record JT Rishwain, Stockton, California that he had stopped making the mortgage payments on 267 Brookview Dr, Tracy, Ca 95377 as well as other financial obligations to the family and the family home. Sylvester Johnson: Repeatedly lied and coerced Mary Johnson to believe that all household bills were being maintained. During the divorce all utilities were shut off due to nonpayment while Mary Johnson and 2 minor children resided in the home at 267 Brookview Dr, Tracy, California 95377. While Sylvester Johnson had $100,000.00 in his possession and possibly more money in which Sylvester Johnson through the force of Manipulation, Extorted and Embezzled from Mary Johnson and created extreme financial harm in which Mary Johnson can never recover from.

Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it cant perform its tasks without bias or prejudice. http://www.legalmatch.com/law-library/article/fraud-on-the-court.html
Sylvester Johnson, Abused Mary Johnson financially, emotionally and mentally through Deception and Fraud. Shortly before, Sylvester Johnson had Mary Johnson served with Divorce papers, Sylvester Johnson had manipulated the sale of Mary Johnsons vehicle prior to

marriage, insisted and arranged for the removal of family pets from the family home. As per VAWA Federal Law:
We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Emotional Abuse: Undermining an individual's sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children. Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment. Psychological Abuse: Elements of psychological abuse include - but are not limited to causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work. Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating. Domestic violence not only affects those who are abused, but also has a substantial effect on family members, friends, co-workers, other witnesses, and the community at large. Children, who grow up witnessing domestic violence, are among those seriously affected by this crime. Frequent exposure to violence in the home not only predisposes children to numerous social and physical problems, but also teaches them that violence is a normal way of life - therefore, increasing their risk of becoming society's next generation of victims and abusers. http://www.ovw.usdoj.gov/domviolence.html

Sylvester Johnson: Employed with Sunnyvale Department of Public Safety as a Police Officer and Fire Fighter has had NO ACCOUNTABILITY for his illegal actions. After numerous phone conversations with the City of Sunnyvale, California, Mayors Office, City Council Office, Chief of Police and John Choung who was in charge of the investigation of Sylvester Johnson, John Choung proceeded to intimidate Mary Johnson to never phone the City of Sunnyvale, California to discuss the illegal activities by Sylvester Johnson. The City of Sunnyvale, California has constantly demonstrated Aiding and Abetting to cover the Corruption that resides within the Police and Fire Department. Sylvester Johnson: Aiding and Abetting:

Sylvester Johnson: Is half owner of a Honda Accord in which is non-registered, non-insured and is being driven by an unlicensed as well as a California Drivers License Suspension by a person in California on a daily basis. Sylvester Johnson: Refuses to uphold the Oath of Office of a California Police Officer by allowing the criminal activity of operating a motor vehicle in which he is half owner and legally obligated and responsible for. Sylvester Johnson: Continues to demonstrate that he has no concern or respect for the residents in the City of Sunnyvale, California and under The Color of Law abuses his power while sacrificing the residents and wasting tax paying money on Fraudulent Police Reports and False Arrests, Impound of Vehicles. This allows Sylvester Johnson to continue to commit his crimes under The Color of Law. Sylvester Johnson: Took the Oath of Office/Affirmation as a California Peace Officer under false pretenses with no intention to Serve and Protect the Resident in the City of Sunnyvale, California. Sylvester Johnson has constantly demonstrated his lack of concern for the Citizens and Residents in the City of Sunnyvale, California. Sylvester Johnson: Had verbally repeatedly said to Mary Johnson, It Takes a Good Criminal to Be a Cop that alone should tell any Resident or Citizen in the City of Sunnyvale, California there has always been and always will be an Intent To Do Harm Upon Anyone he comes in contact with.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3100-3109 3108. Every person who, while taking and subscribing to the oath or Affirmation required by this chapter, states as true any material matter which he or she knows to be false, is guilty of perjury, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. 3109. Every person having taken and subscribed to the oath or affirmation required by this chapter, who, while in the employ of, or service with, the state or any county, city, city and county, state agency, public district, or disaster council or emergency organization advocates or becomes a member of any party or organization, political or otherwise, that advocates the overthrow of the government of the United States by force or violence or other unlawful means, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

Mary Johnson, DEMANDS a full and Independent Investigation regarding Sylvester Johnson and Department of Public Safety including any/all arrests, impound of vehicles and theft reports. Mary Johnson, DEMANDS that Sylvester Johnson be relieved immediately of his employment with Sunnyvale Department of Public Safety. Mary Johnson, DEMANDS that Sylvester Johnson to forfeit his retirement, 401k and/or any annuities as well as any/all medical, dental and life insurance provided to Sylvester Johnson by Sunnyvale Department of Public Safety as to provide restitution and relief to all victims. Mary Johnson, DEMANDS that any/all victims of Sylvester Johnson be compensated by the City of Sunnyvale, Department of Public Safety Sunnyvale, California, County of Santa Clara, California and Sylvester Johnson personally for any and all illegal arrests and/or bodily injury and/or personal injury committed by Sylvester Johnson to any/all victims Sylvester Johnson has been in contact with since the start of employment. Cc: Paul Fong Mike Honda Gordon Rich Tony Spitaleri Jim Griffith David Whittum Pat Meyering Jim Davis Kamela Harris Jerry Brown Santa Clara District Attorney Judge Robin Appel JT Rishwain, Esq.

CALIFORNA STATE CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. (b) A publisher, editor, reporter, or other person . . . shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information . . . SEC. 3. The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. SEC. 5. The military is subordinate to civil power. A standing army may not be maintained in peacetime. Soldiers may not be quartered in any house in wartime except as prescribed by law, or in peacetime without the owner's consent. SEC. 7. (a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; SEC. 9. A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed. SEC. 10. Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine. SEC. 11. Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion. SEC. 12. A person shall be released on bail by sufficient sureties, except for: (a) Capital crimes when the facts are evident or the presumption great; (b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others; or (c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.

Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. A person may be released on his or her own recognizance in the court's discretion. SEC. 13. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. SEC. 17. Cruel or unusual punishment may not be inflicted or excessive fines imposed. SEC. 18. Treason against the State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort. A person may not be convicted of treason except on the evidence of two witnesses to the same overt act or by confession in open court. SEC. 24. Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution. In criminal cases the rights of a defendant to equal protection of the laws, to due process of law, to the assistance of counsel, to be personally present with counsel, to a speedy and public trial, to compel the attendance of witnesses, to confront the witnesses against him or her, to be free from unreasonable searches and seizures, to privacy, to not be compelled to be a witness against himself or herself, to not be placed twice in jeopardy for the same offense, and to not suffer the imposition of cruel or unusual punishment, shall be construed by the courts of this State in a manner consistent with the Constitution of the United States. This Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States, nor shall it be construed to afford greater rights to minors in juvenile proceedings on criminal causes than those afforded by the Constitution of the United States. This declaration of rights may not be construed to impair or deny others retained by the people. (c) Right to Safe Schools. All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful. ARTICLE 3 STATE OF CALIFORNIA SEC. 3. The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution. SEC. 5. Suits may be brought against the State in such manner and in such courts as shall be directed by law. SEC. 6. (a) Purpose.

English is the common language of the people of the United States of America and the State of California. This section is intended to preserve, protect and strengthen the English language, and not to supersede any of the rights guaranteed to the people by this Constitution.
(b) English as the Official Language of California. English is the official language of the State of California. (c) Enforcement. The Legislature shall enforce this section by appropriate legislation. The Legislature and officials of the State of California shall take all steps necessary to insure that the role of English as the common language of the State of California is preserved and enhanced. The Legislature shall make no law which diminishes or ignores the role of English as the common language of the State of California. (d) Personal Right of Action and Jurisdiction of Courts. Any person who is a resident of or doing business in the State of California shall have standing to sue the State of California to enforce this section, and the Courts of record of the State of California shall have jurisdiction to hear cases brought to enforce this section. The Legislature may provide reasonable and appropriate limitations on the time and manner of suits brought under this section.

ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES SEC. 8. (a) Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure personal election or appointment. (b) Laws shall be made to exclude persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes from office or serving on juries. The privilege of free suffrage shall be supported by laws regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. ARTICLE 9 EDUCATION SEC. 8. No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State. ARTICLE 20 MISCELLANEOUS SUBJECTS [ Required Oath of Office ] [ Source: http://www.leginfo.ca.gov/.const/.article_20 ] SEC. 3. Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before

they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I, ___________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. "And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other-wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:

(If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________________________________________ I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means." And no other oath, declaration, or test, shall be required as a qualification for any public office or employment. "Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing. http://www.uhuh.com/constitution/calconst.html