Statute of Limitations

For those of you that suggest the statute of limitations has expired in regards to my case.

Amendment 5
– Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

I see no reference to a statute of limitations in private property taken without just compensation. In fact it is NEVER to be taken without just compensation. Any untimeliness in my case is due to the negligence of the government officials who have been involved in my case. That is aside from the time in which I was blind and unable to defend myself. The entire amendment had been violated in my case. No justice, no accountability to date. I will not be the only victim in this case, I promise these rights do and will apply to me as they do to every other citizen. https://poisonedbymyneighborfromhell.com

Does an AUSA have the authority to use attorney discretion to violate a civil court ruling made by a Judge?

Nobody has contacted me from the FBI yet. I called the Washington DC headquarters and every time they hang up on me. I don’t even get to voice my issue. Federal official requested two inquiries, advised me that the FBI would contact me. Ten years later they still hadn’t contacted me. I reached out to the local division, but not before the Local official had contact an agent buddy of his, Local official has a direct conflict of interest with the opposing party. Whatever the local official did tell his friend was false, I know that is a fact because he knows no facts about this case. I asked the agent that was pretending to be investigating my complaint to share the information the third party was told by local official. The agent refused. He advised me that based on the hearsay local official  had given the third party and what I had told him. He made his decision not to investigate. I have the hard copy evidence that proves beyond a reasonable doubt my allegations cannot be denied. My point is TEN years after Federal official requested an inquiry. I don’t have ten more years to wait for these criminal actors to have justice served on them. You understand the seriousness of the degree of the crimes committed against me don’t you? I am serious. The only thing a honest law enforcement officer has to do is to actually take the time to review my hard copy evidence. It’s not that much to ask. These locals had no regard for my life, had I not have fled I would have been murdered by the intentional poisoning. Give me that name and contact information for an agent not associated with this locals who have been biased do to false statements made by the local official. I am not going to be the only victim of this brutal chemical attack. I am telling you, the evidence clearly shows what I have been claiming for the past ten years. Being patient as advised by Federal official never did a thing for me. I do not know the process of requesting an inquiry, but I am sure you submit the Federal official’s request to someone who has a name. Is that right? I want that person’s name. If you do not submit the request for an inquiry you need to change up the standard procedure for this case with special circumstances and direct it to the highest authority. The EPA has law enforcement officers of their own. I want to talk to a specific person. For me to call the Washington DC division without an extension to a specific person makes me feel discriminated against. Federal official told me years ago that the Federal official had a contact in the FBI, now the assistant tells me Federal official can’t contact anyone in the FBI because its against the law. What has happened to me is against the Federal law, what the hell? He has been talking out both sides of him mouth representing Federal official. He will not allow me to speak with Federal official, so I really don’t know if Federal official knows anything about what I have been advised he has been doing on my behalf. One of the Local officials wrote a letter on my behalf to this incompetent FBI agent. The Local official told me that he could not believe that nobody has contacted him from the FBI. He stated that if I had a Federal official on my side more than nothing should have happened already. Let me make sure you understand exactly what happened to me with the FBI and AUSA.  Supporting the criminals in this case they have also conspired against my Civil, human and Constitutional Rights. No government official can legally turn a blind eye to corrupt acts committed by government officials. If they do they are not only co conspirators against my rights but also violating the rules of ethics for Government service. I have been a victim of physical abuse by a local resident since I could walk. I had escaped that abuser.  I acquired my home, business and property. Then, I am physically abused by my local government officials by the intentional use of chemicals as a weapon, no question that the chemicals were applied to my property with intent to cause me serious harm or death. The evidence could not be more solid in supporting that to be a fact. I need someone to enforce to law, to protect me from harm. Right now the only person with influence to do that is you.

I want to know if an AUSA has the authority to violate a civil court order without some type of court procedure. I have a hard time believing this AUSA. He told me that he could completely disregard a civil court order because he has attorney discretion. It is not reasonable that he can violate a court order made by any Judge. Can you find that information out for me. My question is “Does an AUSA have the authority to use attorney discretion to violate a civil court ruling made by a Judge”? The logical answer to that question is no, why would the citizens waste the time and their money to proceed with a civil court trial? Kevin VanderSchel of the Des Moines, Ia US Attorney’s for the Southern District of Iowa is a XXXXXX. He needs to be removed from his position immediately. How many others has he violated before me? I find very few cases in which he is the prosecutor. I find no cases of public corruption filed in the State of Iowa. That in itself is quite telling about the thin blue line. There are more corrupt officials in Lee County that I can write about, I don’t expect Lee County is  the only county with corrupt officials. They quite possibly could be the only county who have used chemical weapons to commit acts of terror against a citizen. I can find no record of chemical weapons used by government officials against a citizen in the USA. Can anyone cite me a precedent case with this issue? Do you share information with

Federal official? I really do not believe Federal official knew anything about my case. However his assistant was acting on his behalf so I don’t know what would be the result of a situation with such serious offenses as have been committed against me. I would at least like to speak with someone justifying the local officials case.  So I could prove whatever evidence they have is fraudulent. Everyone of the named individuals wholly participated in crimes against humanity, and violation of human rights. There is no justification for using chemical weapons EVER!

severe skin disorder caused by illegal application of toxic chemicals to my property by Mark Conlee

3-9-2010-skin-condition-progressing

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According to AUSA my evidence is assumptive.

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Note the P.S. in this letter, not negotiable because if I did not take the amount offered he had already taken control of my property. What the hell would I do with $17,000?  These documents could be no better proof that Conlee wanted my property. Understand that he sued me for loss of enjoyment of his property, then he offered me these two out of court settlements before the trial started. My property was not for sale. It was never to be taken by violating my rights to use it as I wished. These are Federal criminal offenses.

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AUSA stated my evidence was assumptive, yet he is aware that SA Thomas Reinwart made his decision not to investigate my allegations based on what XXXXXXXXXX told a third party and what I had the chance to verbally tell Reinwart, given 2 1/2 hours to tell him. The hard copy evidence was right there on the table for him to review, he refused to review the evidence. I know AUSA VanderSchel reads my posts. Or he did because he was using my site to determine my case by what I had posted. I do not think it would be in my best interest to post all the evidence that has recently been given to me. Tell me now, VanderSchel, who is using assumptive evidence? Hell yes I am pissed off at the incompetence that has been shown in this case since 2005. I have committed no crime, everyone involved in this has committed criminal offenses. Is that, MY only option to have justice served.  Law enforcement has a duty to keep me from harm.  I am going to bitch till the cows come home. If this does not embarrass the government I want you to know that I am embarrassed for you.

Any reasonable person would at least offer me enough to get a comparable property. One that I could operate my business from. I have about $30,000 in receipts of the money I invested in this property. Conlee paid Mayor Dinwiddie $27,000 for the worthless lot he bought from him. It was legally undevelopable. He set a farm on an 70′ wide lot. These structures were illegal when he built them and they are still illegal. I have the original building permits.  

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 Here is the original fraudulent permit issued for Conlee’s new home.

celeste-cirinna-city-of-montrose-exec-manager-pg-5

 

Here is the fraudulent, fraudulent permit that was altered to show a fee had been paid after Conlee was elected to city council. City clerk, building administrator and Conlee conspired to commit a double fraud? That should pay treble damages in my opinion. This act of fraud was completely unnecessary, the permit is still not signed by the builder. That signature alleviates the city’s liability just like the Mayor said right before I presented it to the city council. These people should be in prison for acts of ignorance unbecoming of a government official.

These are the US law in which they should be prosecuted.

Title 18, U.S.C., Section 241 – Conspiracy Against Rights 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). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Title 18, U.S.C., Section 242 – Deprivation of Rights Under Color of Law 

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. This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. 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 varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Title 42, U.S.C., Section 3631 – Criminal Interference with Right to Fair Housing

This statute makes it unlawful for any individual(s), by the use of force or threatened use of force, to injure, intimidate, or interfere with (or attempt to injure, intimidate, or interfere with), any person’s housing rights because of that person’s race, color, religion, sex, handicap, familial status or national origin. Among those housing rights enumerated in the statute are:

  • The sale, purchase, or renting of a dwelling;
  • the occupation of a dwelling;
  • the financing of a dwelling;

contracting or negotiating for any of the rights enumerated above; applying for or participating in any service, organization, or facility relating to the sale or rental of dwellings. This statute also makes it unlawful by the use of force or threatened use of force, to injure, intimidate, or interfere with any person who is assisting an individual or class of persons in the exercise of their housing rights. Punishment varies from a fine of up to $1,000 or imprisonment of up to one year, or both, and if bodily injury results, shall be fined up to $10,000 or imprisoned up to ten years, or both, and if death results, shall be subject to imprisonment for any term of years or for life.

 ARTICLE XIV.

“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. The reasonable enjoyment of one’s real estate is certainly a vested right, which cannot be interfered with or limited arbitrarily. The constitutional guaranty of protection for all private property extends equally to the enjoyment and the possession of lands. An arbitrary interference by the government, or by its authority, with the reasonable enjoyment of private lands is a taking of private [728] property without due process of law, which is inhibited by the constitutions. But it is not every use which comes within this constitutional protection. One has a vested right to only a reasonable use of one’s lands. It is not difficult to find the rule which determines the limitations upon the lawful ways or manner of using lands. It is the rule, which furnishes the solution of every problem in the law of police power, and which is comprehended in the legal maxim, sic utere tuo, ut alienum non lædas. One can lawfully make use of his property only in such a manner as that he will not injure another. Any use of one’s lands to the hurt or annoyance of another is a nuisance, and may be prohibited. At common law that is a nuisance, which causes personal discomfort or injury to health to an unusual degree. As it has been expressed in a preceding section,1 the right of personal security against acts, which will cause injury to health or great bodily discomfort, cannot be made absolute in organized society. It must yield to the reasonable demands of trade, commerce and other great interests of society. While the State cannot arbitrarily violate the right of personal security to health by the unlimited authorization of acts which do harm to health, or render one’s residence less comfortable, there is involved in this matter the consideration of what constitutes a reasonable use of one’s property. At common law this is strictly a judicial question of fact, the answer to which varies according to the circumstances of each case. One is expected to endure a reasonable amount of discomfort and annoyance for the public good, which is furthered by the permission of trades and manufactures, the prosecution of which necessarily involves a certain amount of annoyance or injury to the inhabitants of the neighborhood. In all such cases, it is a question of equity, on whom is it reasonable to impose the burden of the inevitable loss, resulting from this clashing [729] of interests; and independently of statute it is strictly a judicial question, and all the circumstances of the case must be taken into consideration.

18 U.S.C. § 229 – U.S. Code: the violation of Federal law that should ensure justice is finally served

Letter sent to the City of Montrose by the State of Iowa agency in charge of Environmental violations. The City followed no laws that are in place to protect all living things from toxic chemicals. This letter was sent to the Street Dept Director at the time. There had never been any chemicals applied anywhere in town except the cemetery by city employees. These chemicals were applied precisely on the city’s easement on my property. Not an inch past my boundary or an inch short of my boundary.  Only after Mark Conlee was elected to city council were chemicals applied to the easement.

warning to City of Montrose unlawful application of toxic chemicals


warning to City poison

warning to City poison


Conlee had applied chemicals to my side of our 300′ common boundary the year prior to this. He continued to apply chemicals to my side of the boundary this year and for three years after that. Five years straight I was intentionally exposed to chemicals. I complained to the city. I complained to County attorney Mike Short. Short advised me that Mark  Conlee “said”, “he only applied it to the bottom of his side of the fence. Both the city and county attorney had the same reason not to file a criminal complaint against Conlee. They didn’t believe neighbors filing complaints against neighbors was a good thing to do. I was criminally charged by the City and the State on complaints based on “Mark Conlee said” all charges against me were dismissed.  Doesn’t the county attorney know that hearsay is not evidence? Mark Conlee “said” many false statements throughout this attack against my person and my property.

Intentional glyphosate poisoning

chemicals applied to my side of the 300′ common boundary

18 U.S.C. § 229 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 229. Prohibited activities 

Unlawful conduct. (a) –Except as provided in subsection (b), it shall be unlawful for any person knowingly–

(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon;  or (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

Exempted agencies and persons. (b) —

In general. (1) –Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

Exempted persons. (2) –A person referred to in paragraph (1) is–

(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon;  or

(B) in an emergency situation, any otherwise non-culpable person if the person is attempting to destroy or seize the weapon.

Jurisdiction. (c) –Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct–

(1) takes place in the United States;

(2) takes place outside of the United States and is committed by a national of the United States;

(3) is committed against a national of the United States while the national is outside the United States;  or

(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

Chemical Weapons

This crime is punishable by any term of years in prison. If the crime results in death, the punishment is death or life imprisonment. Property owned or used by the person is subject to forfeiture. Any property derived from and proceeds obtained from the offense and property used to commit or facilitate the offense is also subject to forfeiture. The statute also imposes an additional fine of up to twice the gross profit or proceeds from the offense (18 U.S.C. 229, et seq.).

A chemical weapon is:

  1. a toxic chemical and its precursors (chemical reactants that take part in producing a toxic chemical) unless intended for a purpose that is not prohibited and the type and quantity is consistent with that purpose,
  2. a munition or device designed to cause death or harm through toxic chemicals that would be released by the device, or
  3. equipment designed for use directly in connection with using such a munition or device.

A toxic chemical is a chemical that can cause death, temporary incapacitation, or permanent harm to people or animals.

The law specifies that it does not apply to self-defense devices such as pepper spray or chemical mace. It also does not prevent uses related to (1) industrial, agricultural, research, medical, or pharmaceutical activity; (2) protection against chemical weapons; (3) unrelated military purposes; and (4) law enforcement purposes such as riot control and imposing the death penalty.

Iowa Code Sec. 237. Section 729.5, Code 2013, is amended to read as follows: 729.5 Violation of individual rights — penalty. 1. A person, who acts alone, or who conspires with another person or persons, to injure, oppress, threaten, or intimidate or interfere with any citizen in the free exercise or enjoyment of any right or privilege secured to that person by the constitution or laws of the state of Iowa or by the constitution or laws of the United States, and assembles with one or more persons for the purpose of teaching or being instructed in any technique or means capable of causing property damage, bodily injury or death when the person or persons intend to employ those Fri Nov 08 16:03:04 2013 59/65 CH. 90 60 techniques or means in furtherance of the conspiracy, is on conviction, guilty of a class “D” felony. 2. A person intimidates or interferes with another person if the act of the person results in any of the following: a. Physical injury to the other person. b. Physical damage to or destruction of the other person’s property. c. Communication in a manner, or action in a manner, intended to result in either of the following: (1) To place the other person in fear of physical contact which will be injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (2) To place the other person in fear of harm to the other person’s property, or harm to the person or property of a third person. 2. 3. This section does not make unlawful the teaching of any technique in self-defense. 3. 4. This section does not make unlawful any activity of any of the following officials or persons: a. Law enforcement officials of this or any other jurisdiction while engaged in the lawful performance of their official duties. b. Federal officials required to carry firearms while engaged in the lawful performance of their official duties. c. Members of the armed forces of the United States or the national guard while engaged in the lawful performance of their official duties. d. Any conservation commission, law enforcement agency, or any agency licensed to provide security services, or any hunting club, gun club, shooting range, or other organization or entity whose primary purpose is to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection with lawful sporting or other lawful activity

FBI SA investigation was incompetent

According to the FBI website SA’s work 24/7. That is not the case with the agent that happened to answer the phone when I called. Initially I had contacted a female agent. She seemed interested in what I was telling her happened at the hands of my local government officials. She requested that I email her my evidence, she would contact me after she had the opportunity to review my case. I waited a month or so and she never got back with me. I telephoned the number that I had previously reached her. A man answered the phone this time. He explained that the agent I was trying to reach had been transferred. That turned out to be my misfortune. So apparently whoever answers the telephone automatically get the case. This SA does not work 24/7. Determined that someone was going to review the hard copy evidence that I had been documenting for the past 10 years, I took the initiative of traveling to his location. I had been advised by my US Senator that an FBI authority would contact me. I repeatedly contacted the Senator asking for a ballpark timeline of how long this would take/ The response was be patient it takes a while. Ten years is unreasonable in my opinion. I also want to state that all this time I would send the Senator my evidence and was told he in turn was forwarding the documents to the FBI Washington division. I drove the the local division headquarters. I called the number from their parking lot. This agent advised me that it would not be possible to speak to anyone on that day because it was 2:30 p.m. I advised that I would get a room and be there first thing the next morning. With that he advised me that it would not be possible to meet with an agent the following day because it happened to be a Federal holiday, Columbus Day. So just so the public knows, the statement that the FBI works 24/7 is false.

Feeling defeated I returned home, pretty disappointed in being deceived by the information posted on the FBI website. I continued to correspond with this particular agent. Eventually (16 months) we set a date for him to come to my home specifically to review my evidence. My evidence has to date never been reviewed by any State or Federal authority. When he arrived he informed me that he did not intend to review anything. Relevant to this case is the fact that the County Sheriff had taken it upon himself to contact a FBI friend of his. I do not know what information the Sheriff gave him. I requested that information be shared with me to give me the opportunity to prove the hearsay was false. I was denied access to that information. There is clearly a conflict of interest between the Sheriff and the opposing party. I emailed a newspaper article supporting the conflict of interest and he seemed to take a little more interest in what I was telling him.

The agent sitting on my sofa refused to review the hard copy evidence requested that I verbally tell him the story. I advised him that I could not verbally tell this story to anyone. This story is too complex to be comprehended verbally. He was not willing to accept anything else. I skipped around on different issues in this case. After 21/2 hours he advised me that he was not going to submit my case to the US Attorney because he claims there was no Federal law violated. I completely disagree. Private property rights are Federally protected rights. I also allege conspiracy against right, deprivation of rights under color of law, and torture.  He advised me of three different versions of how he got this case to the AUSA. I think it was the third and final version was how he did it. He submitted my case orally to a third party who in turn verbally told the story to the AUSA. Now knowing that this agent did not have the information needed to submit a complete complaint to anyone, how can this be considered competent? Also my allegation of conspiracy against rights, I had done all the leg work in this case. I did not have the authority to look into financial records for any transaction that could be found indicating a payment (bribe) had been paid. He had that authority and never bothered to use his authority to investigate that. I allege deprivation of rights under color of law. This is easy to recognize from the hard copy evidence I have. This neighbor was attacking me with chemicals used as a weapon for over 5 years as routinely as he mows his yard. Once a week would be an accurate claim. He did it as if it were part of his yard maintenance. Again private property rights are Federally protected rights. This agent would never acknowledge this is a fact, I assume he is ignorant about Federal law. His expertise is in hate crimes. He recognized right away that this was not a hate crime. My case is not alleging hate crime so perhaps he should not have been the investigator. My case requires the knowledge of Federal rights, as described in public corruption guidelines. The FBI website claims they hold a high priority in exposing public corruption. That is a false statement. There could be no stronger case with evidence so solid in supporting public corruption in my local government officials.  The violation of civil rights, civil liberties, and Constitutional rights cannot be denied. My right to equal protection of the law, assault with chemical weapons resulting in torture is undeniable by the evidence I have. The intent of my local government officials was to eliminate me from my property using chemicals as weapons. The fact that local law enforcement did not want to make this neighbor says plenty about how this brutal attack occurred. It says much more about the character of this neighbor. There is nothing he would not do to achieve his goal to acquire my property for the purpose of making his illegal property redevelopment recordable on the county plat map without having to remove the noncompliant structures from his small non conforming lot. The environmental factors putting my health in serious harm is also a Federal environmental violation. 

This SA who had done nothing to investigate my allegations advised me that he had make his determination not to further investigate based on what I had told him compared to what the Sheriff had told his colleague. This means that the Sheriff’s word was found to be more credible than my word. I have evidence that proves the Sheriff acted unethical, has made false statements to me and has received stolen property that belongs to me. The statistics support any law enforcement officer will knowingly make false statements or turn a blind eye to the officers serving under him in unethical behavior. There is no evidence that I have misled or made false statements about any of my allegations. This SA is incompetent and I am requesting new investigation based on the allegations stated in this letter. Having no contact information for a higher FBI authority this is my formal request. I am requesting a tolling of the statute of limitation due to the incompetence that has occured throughout this case. I don’t care who you are, nobody has the right to do anything to another person’s property.

regards,

Melody Boatner