Montrose and Lee County, Iowa unprecedented case of corrupt local government officials. Taking private property for personal gain.

Are Private Property Rights Federally Protected?

      I have continuously asked for confirmation if private property rights are Federally protected Rights. I have gotten no confirmation. I can only assume that they are but nobody wants to admit it.

      My neighbor invaded my private property for over five years by applying chemicals on my side only, of our 300′ common boundary. I verbally advised him not to apply anything to my private property on the day I noticed he had done this. That same day I also advised the Chief of Police that I had given my neighbor a verbal notice not to apply anything to my private property and requested an incident report. 

      The chemicals continued to be applied on my private property by my neighbor without hesitation. I repeatedly requested the incident from the Chief of Police. I received a report 16 months after my first request. That report did not represent what I had advised the neighbor. I refused to take it and advised the Police Chief that it was unsatisfactory. Two weeks later I did receive one that was not as I would have like but it did state some of the facts on it. 

       The neighbor continued his assault against my person and my private property. I requested the Police chief file a trespassing complaint against him on my behalf. I was advised by the Police chief that he would not file a complaint against my neighbor because he did not want to make him mad. 

       I confronted the Mayor about the issue. The Mayor advised me that he did not think neighbors filing complaints against neighbors was in anyone’s best interest and refused to manage the  Police Chief in following procedure to remedy the situation. The Mayor also had an existing conflict of interest as he was the seller of the property to my neighbor only two years prior. Public record shows the Mayor stated that legally nonconforming property can not have larger structures built on the lots than the existing structures. The Mayor states on public record that the signature of the builder on a building permit alleviates the city from liability. The building permit is not signed by the builder. A double standard was used when I was the victim of my neighbor’s assault.

       The building permits issued by the City building administrator are fraudulent. They are not completed as required by the State of Iowa building regulations and the drainage of my neighbors redevelopment of the legally nonconforming lot does not comply with State drainage law. When I requested the city building administrator to address my concerns as standard procedure requires he refused. He did continue to issue fraudulent building permits to this neighbor for his legally nonconforming lot. 

      Conflicting with the reason the Mayor would not have the police chief to follow the law in issuing a trespassing complaint against my neighbor I was criminally charged multiple times by the city for fabricated laws based on fraudulent ordinances.

      A double standard was also supported by the County Attorney when I advised him that my neighbor was applying chemicals to my private property. The County attorney took the same stance as the Mayor. He advised me that he did not allow neighbors to file complaints against neighbors. I was criminally charged by the State for violations of fabricated law. I reported to the County Attorney that the City Clerk had fabricated ordinances anonymously over the telephone. He advised that he had a problem with a clerk that would fabricate ordinances. Only when I arrived at his office, and he realized who the parties were did he no longer have a problem with the city clerk committing fraud. 

      This type of behavior continued with every authority that I contacted. Including an attorney I hired to file a complaint against the city which he never informed me that he neglected to file.  I discovered this when I was served court papers by my neighbor. There was a civil court order citing my right to use my private property as I wished. That civil court order was never complied with by my neighbor or enforced by law enforcement. 

      The chemicals caused me to suffer severe chronic skin condition that I continue to be treated for by the University of Iowa Dermatology clinic..

      For five years I paid the taxes on my private property. The deed was in my name.  I had no control what took place on my private property. I was denied protection from harm by law enforcement. I was force to flee from my private property to escape the chemical poisoning. The chemicals caused me to suffer severe chronic skin condition that I continue to be treated for by the University of Iowa Dermatology clinic.. Those who participated in violating my private property rights include but are not limited to the County Sheriff, FBI agent Thomas Rienwart and AUSA Kevin VanderSchel.

 

     Trespassing is a criminal offense. The crime of trespass is commonly found to be charged against individuals in Lee County, Iowa. I was denied that right to protection.

 

     Fraud is a criminal offense. There are numerous individuals who have been charged with fraud in Lee County, Iowa. I was denied that right to protection.

 

 Violations of Federal laws to be prosecuted by the Federal Civil Rights Division

 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. I was denied that right to protection

 

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. I was denied that right to protection

 

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. I was denied that right to protection

 

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. I was denied that right to protection

 

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. I was denied that right to protection.

Correspondence with Charles Grassley’s assistant. Why did the FBI not contact me eight years ago when I first submitted the evidence, with special instruction to send the evidence to “Penny”. The FBI did not follow procedure for an inquiry from a US Senator. The issue still stands and needs to be addressed. I am not the negligent party. This was the second authorization to release information!

Melody,

Just to be clear, Senator Grassley is only able to work with government agencies to solve a person’s issue. So in your case, you talked about how people were trying to destroy your property. We can look into that issue. What we can’t do is be involved in court matters or personal issues that you are having with local officials. It is unlawful for us to inject ourselves into those matters.

I understand how concerned you are with the alleged attempts to harm your property so if you could provide a clear statement on the facts you have with this issue, I would advise that.

I hope that this explanation helps.

Thank you,

John Kaufmann

Constituent Services Specialist

U.S. Senator Chuck Grassley

201 W. 2nd Street, Suite 720

Davenport, IA 52801

563.322.4331

563.322.8552(fax)

john_kaufmann@grassley.senate.gov

From: songboat [mailto:songboat@gmail.com]
Sent: Wednesday, September 16, 2015 3:43 PM
To: Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov>
Subject: Re: Public Corruption

I need some assistance in writing this complaint. I have researched and The FBI gets hundreds of Public Corruption complaints and one a handful get investigated. I have been victimized by my local government officials in an unprecedented manner. Unprecedented meaning I have no documents to use as an example or reference to use as an example document. I have found suggestions of how to write a complaint all over the internet. Some say include every detail, some say write a brief summary. I can tell you that it is not possible to write a “brief” summary as my case is ongoing for over 5 years. There were unprecedented turn over in the Mayor, City Council and law enforcement during this time. For example there were 4 different Mayors in 5 years.  The initial instigators Mayor Dinwiddie, Lee County Detective Bob Conlee, and the man who physically carried out the terrorist attack on me, Mark Conlee defamed my character to all colleagues and the general public stating that I was “crazy” and kept me oppressed from speaking at the council meetings the officials that followed behind them just followed up with the same behavior. I was never given the opportunity to present evidence that supports what I claim.  I contacted Lee County Attorney multiple times in reference to the unlawful application of toxic chemicals to my property after Mark Conlee violated the civil court order. Mr. Short told me sarcastically to take him to contempt court. I am well aware the County Attorney is the only authority to file criminal charges against a citizen. I was denied my right to file a trespassing complaint against Mark Conlee for continuing to ally toxic chemicals to my property. Mr. Short told me I was having an allergic reaction. Can you tell me what that has to do with the criminal act trespassing? I contacted Mr. Short and presented him with the undeniable evidence that City of Montrose clerk Celeste Cirinna had committed multiple counts of document fraud. In response he stated “I (he) will decide who gets prosecuted in Lee County. I then received a summons to court State vs. Boatner the citation stated as follows, Mark Conlee says Melody Boatner drive by his house real slow and gave him the finger. Mr. Kaufmann it is not against the law to give someone the finger. A week later a second complaint was filed against me. This complaint was worded exactly the same with the addition of Mark is tired of Boatner continuously giving him the finger. This complaint was for harassment, hence the added term  “continuously”. The second complaint was investigated by Lee County Deputy Dave Hunold. Mr. Short requested Officer Hunold due to a possible “conflict of interest”. When Officer Hunold arrived at my home he came in and we sat down and I took the opportunity to present the Civil Court ruling  citing “Boatner has the right to enjoy her own property”. Officer Hunold stood to leave and I told him I wanted to file a trespassing complaint against Mark Conlee for continuing to apply toxic chemicals to my property. Officer Hunold’s response was Round-up is not dangerous and the Civil Court Ruling did not specify Mark Conlee not to unlawfully apply chemicals to my property, only that I had the Right to Enjoy my Property. His final statement was that he was only at my house to investigate me giving Mark Conlee the finger.

Mr. Kaufmann I suffer every minute of every day from the brutal attack against me. I lost my home my business and my life that I worked so hard to pay off and enjoy. I cannot let this go. I was physically unable to defend myself. I went blind do to this and only got my vision restored with surgery in 2012. There is no doubt in my mind that this man was intent on getting my property at the cost of my life and the public officials were going to allow it to happen. If you have a doubt about my allegations now, let me assure you, reviewing the evidence I documented over the years to date you will have no doubt. I believe these are special circumstances and I am requesting assistance in filing a complaint that is unprecedented.

sincerely,

On Tue, Jul 7, 2015 at 10:33 AM, Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov> wrote:

Hi Melody,

I am following up from your message sent regarding the violation of your rights. What is a good time/day to call you?

Thank you,

John Kaufmann

Constituent Services Specialist

U.S. Senator Chuck Grassley

201 W. 2nd Street, Suite 720

Davenport, IA 52801

563.322.4331

563.322.8552(fax)

john_kaufmann@grassley.senate.gov

From: songboat [mailto:songboat@gmail.com]
Sent: Tuesday, July 14, 2015 4:24 PM
To: Kaufmann, John (Grassley)
Subject: Re: Follow Up

John,

You mentioned that you had my emails from 8 years ago. Do you happen to have the documents I sent to Penny at that time? I sent her much of the information then as well as the authorization to release personal information. Can I scan and email you the release you sent me in the mail? It will be some time before I can get all this info in the style of a complaint. As I mentioned earlier this is documentation for over 7 years. Any referrals to where I might get some assistance in drafting a complaint? I assume you do want it in that format, as I do not imagine you want to mess with anything other than passing it on to the proper authorities. Can you use the evidence I have already put online? if so I will go ahead and send you back the authorization to release.

sincerely,

Melody Boatner

Keokuk, Ia

On Tue, Jul 14, 2015 at 4:34 PM, Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov> wrote:

Melody,

I don’t have the documents. After a period of time, (I think it is 2 years but don’t hold me to it) the files leave this office and are sent to the records center. This is a secure place, just for your information. Getting them back is extremely difficult so if you could send me what you think is important, that would be great.

Thanks,

John Kaufmann

Constituent Services Specialist

U.S. Senator Chuck Grassley

201 W. 2nd Street, Suite 720

Davenport, IA 52801

563.322.4331

563.322.8552(fax)

john_kaufmann@grassley.senate.gov

From: songboat [mailto:songboat@gmail.com]
Sent: Tuesday, July 14, 2015 4:37 PM
To: Kaufmann, John (Grassley) <John_Kaufmann@grassley.senate.gov>
Subject: Re: Follow Up

sure no problem, just making sure. Can I use email or you use the online documents for your submission?

I just don’t have printer ink and such

 

So how many citizens have been eliminated from their private property by local government officials using glyphosate as a weapon, unlawfully applied to your property?

Let me tell you how many. NONE. So this FBI agent refused to review my evidence, never checked financial record to see if a bribe has been paid. I believe an investigation into the financial records would show a bribe being taken in the amount of $4000.00. The Assistant US Attorney advised me that no matter what the evidence proves he will use attorney discretion and not prosecute corrupt local officials who used chemical weapons to eliminate me from my private property. He also advised that unless this trespasser states that he intentionally used chemicals to harm me, he would not prosecute. The evidence shows he admits that he applied chemicals to my property, in violation of a civil court order and the medical records show the chemicals caused me serious injury. Who in the hell do they think they are to have the authority to violate a civil court order. Who the hell do they think they are to violate my Constitutional right to private property. Senator Grassley has been advising me since 2007 to be patient, the FBI would contact me, he said. It takes time. Senator Grassley did this over a period of ten years. Clearly if he would not have assured me that there would be a competent investigation I would have found other sources. Senator Grassley don’t be telling your constituents that you can assist with authorities representing Federal law because in this case you have only clearly misunderstood the significance of this violation of Constitutionally guaranteed right to enjoy private property. Somebody needs to pay attention because if you think that I am willing to take this on the chin you better think again. I don’t calm down with everyday that passes, I get more angry. I am pissed off why would you assume my evidence does not fall within the guidelines for public corruption. John Kaufman continued to advise me that you are not an attorney. Well this is so simple to recognize as being a terrorist act that you do not need to be a damn attorney. What happened to the evidence I sent per your special instructions to Penny. Had you of acted on that at that time I would still have my home, business and property. I have asked John multiple times. He simply says that would be to difficult to access. Well this is my life and I believe my freedoms are equally important as you all do. Do not ignore me Senator Grassley I will am not going anywhere until I am confident that you know the facts of this case. You should just go ahead and contact me now so we can get on with this. If not you will succumb to bad karma spirits. You can’t treat a human being like this government, your government has done to me. It is a violation of international law. It is a  crime against humanity. You were on that committee when this began and you don’t know what laws you were representing? The actions against me can be considered nothing less that war crimes. Everyone of you took an oath to uphold the Constitution. Everyone of you recognize that using chemical weapons is a war crime. Everyone of you that turn a blind eye instead of looking into my allegations are guilty of committing war crimes. And you have no compassion for committing these crimes against a fellow American? And the victim is what we are seeing as becoming the typical person attacked being a single middle aged female. You would not commit these acts against a man because a man would defend his property by taking up arms. I would have if you would not have continued to assure me that the FBI would investigate. You find me one other case with these circumstances, a person’s private property is taken control of by a neighbor using chemicals as a weapon with intent to eliminate that person. You find a case and I will go away. You will not find a case with these circumstances because every reasonable person knows it is illegal to trespass on the private property of another. Why was I denied filing a trespassing complaint. I have a list of these charges in this county but I was denied by the city and county attorney. Bullshit. You have to attack a single middle aged woman that has more dignity in her little finger that you have in your entire corrupt bodies. Get freshened up on your hate crimes because I can feel any compassion I have had for fellow man has dissipated. https://www.youtube.com/watch?v=4FkbzNnnPg4

Letter I wrote in 2011, got no response from State and Federal officials.

To whom it may concern,
I have followed every procedure available to me in the civil court system. Elected City officials and City police officers have publicly defamed my character over a period of over 4 years. County law enforcement officers have publicly defamed my character by knowingly making false statements about my character over the police radio heard by any citizen with a police scanner in their home. I have been denied my right to enjoy my own home, business and property for a period of over 4 years.I have been denied equal protection of the law for over a period of 4 years. I have been denied the right to file criminal complaints against the perpetrators by law enforcement officers for over a period of 4 years. I was a victim of domestic terrorism by being intentionally exposed to toxic chemicals applied on my property by the owner of the property adjoining mine and in violation of EPA regulations by the City for over a period of 4 years. The city official refused his appointed duty to address the concerns of a resident in reference to the nuisance drainage issue, there is no record of this long time or any other appointed building administrator refusing his duty in a private manner by going to the site in question and answering questions of the property owners involved. I contacted a local elected State Representative. He having never heard of a situation as I described being treated contacted City Hall on my behalf requesting I be put on the agenda, in an effort to force the appointed council member to answer my questions. Public records shows it a rare occasion that particular council member having served 15 years that I lived in town and many years prior to my moving into City limits was absent at this meeting. His absence was an intentional act to avoid his duty to address my concerns. Local law enforcement officers have refused to investigate my allegations by refusing to review the documented evidence or question the list of witnesses I have provided to the officer and the County Attorney. The City officials have continuously refused their duty enforce compliance of State laws pertaining to property redevelopment that protect adjoining property from nuisance drainage, required set backs of new structures. The adverse effects to my property were foreseeable and preventable. The City acted intentionally negligent and the redevelopment of this property caused a loss of value to my property according to the assessor due to the excessive increase of storm water diverted directly on to my property. The fact the criminal acts against me were perpetrated by the Mayor (who was also the seller of the property being redeveloped adjoining mine), several council members, City police officers, the County Attorney and 2 County deputies violated their duty to protect and chose to conspire in criminal and unethical offenses. No where in the Constitution or Bill of rights either State or Federal that states a government official is allowed to opt out of his sworn duty. Now the Federal Government officials has the duty investigate my evidence, defend and protect my individual rights given by the Constitution and Bill of Rights. Nor does the fact that these individuals being government officials exempt them from being held accountable and prosecuted to the fullest extent of the law in a Federal Court. These same individuals have a history of unethical behavior in the past. Using their positions in a self-serving manner. I am unaware of any so brutal to cause personal injury to another human being as has happened to me. My case is unprecedented. I am a victim of domestic terrorism by the use of toxic chemicals, chemical warfare. No different than anthrax or any other dangerous chemical. When reports of anthrax being sent by mail to government officials or other individuals of notoriety it is taken very serious by the Federal Government, The FBI is investigating the evidence of every allegation immediately. I was selected to speak to a Congressional committee on capitol hill in the past. My testimony helped provide many poor family acquire the assets to become productive members of society. I owned my own home, owned a highly reputable self-employed business and a substantial size piece of property for 15 years. I was debt free and had an excellent credit rating. Does that qualify me as being worthy of at least the professional courtesy of my simple request of an investigation? An  investigation by the FBI should be acted on immediately on behalf of any citizen who’s allegations are as serious in nature as what I have been the victim of. Physical injury due to ongoing intentional exposure to toxic chemicals. I will continue my quest for answers as to why this happened to me by continuing to contact every resource available, repeatedly until someone investigates my story, be it a Government agency or the media. If you can advise and assist me as to how I can and file a criminal complaint of perjury and contempt against this councilman/neighbor without the assistance of the County Attorney I will anxiously proceed to do so. If I can only access the State criminal court system though the County Attorney then I want to file a Federal complaint against the County Attorney and local law enforcement officers for violating my Constitutional Rights, intentional negligence, official misconduct and any other charges that may apply. I have over 400 documents of evidence that prove what I am claiming is completely true, due to the fact that this criminal attack on me has been ongoing and continuous beginning in 2005. I am also requesting to correspond with only 1 investigator because I am very timid and it is very difficult for me to speak openly with a complete stranger. The documents and photos evidence is contained in an several 3 ring binders by date of event. I have a couple basic questions I would like to know if you have ever heard other cases similar to what I have experienced. For instance the EPA field investigator advised me that what the City did with chemicals to an easement in the manner in which was done to my property was “unheard of”.
A couple questions for you. Have you ever hear of a case in which when I contacted the county attorney in requesting that I wanted to file a contempt of court charge against the opposing party in a civil trial his response was “I frankly don’t care what Judge ____. ruled”. 
Have you ever know of a case in which a pastor went to City Hall to pay on my water bill her payment was not accepted.  She was told that the payment have to come out of my pocket. She expressed to me that she became irate when she was told that. She stated that she recognized at that time the degree of oppression I had suffer. She was treated so disrespectful, absolutely unacceptable behavior of the City officials. 
Please, I believe my case is the most brutal and vicious that has ever occurred in the Country. If you can find one that is comparable I desperately need to see it. I am sure I will find comfort knowing that I am not the only person that has suffered severely at the hands of local government officials extreme continuous criminal, unethical and immoral behavior. These are dangerous individual capable of causing  the death of another human being. I don’t know if I can handle the emotional turmoil inside of me. At what point does a person decide his only option is the 2nd amendment. How can you help me get justice for the crimes committed against me?  
I have evidence of numerous serious criminal and unethical acts against me. The following describes the most physically and mentally damaging. This was an act of domestic terrorism. I have been advised by the State Attorney Generals office that they can only get involved in a case if a case is referred to them by the County Attorney. I believe anyone has the right to investigate my local government officials. I believe the Government has the duty to investigate citizens being oppressed and violated of their given rights.I am requesting an investigation based on my evidence and witnesses that support my allegations. It will shock those who have no conscience. An investigation by a reputable National media source could certainly be embarrassing to the Government. The evidence that this chemical is toxic and was also unlawfully applied by the City comes from an investigation by EPA. Evidence supporting other offenses including arson, knowingly making false statements, defamation, harassment, perjury, contempt and document fraud. All of which are by admission of the offender and indisputable. The witnesses on my behalf being immediate family members or fellow law enforcement officers. The repercussions have proven to be severe to those who have attempted to speak on my behalf. This County has a history of corruption that has only been exposed by outside sources. I believe my life could be in danger.   
In May 2005 my neighbor applied chemicals to my property without my knowledge. I then advised him and law enforcement that I had developed a rash and did not want anything applied to my property. I requested an incident report from the police officer. The officer would not give me an incident report or file a complaint against this man on my behalf. The officer stated that he did not want to make the councilman/neighbor mad. He continued to apply chemicals to my property on a regular basis throughout the summer. My rash progressed to a full body skin disorder, causing me to repeatedly seek medical attention at the ER. The pain and suffering was excruciating. I continue to suffer extreme mental anguish because the officer would not intervene. He presented an incident report in Sept. stating that he could not remember what my complaint was in reference to. I told him that I wanted a report based on my initial complaint. A week later he gave me a report with the relevant information. The officer failed to protect my right to enjoy my property. The officer failed to provide me equal protection of the law. That officer was forced to resigned due to unrelated unethical behavior, The new officer hired by the City continued the same type of behavior. The neighbor continued to apply chemicals to my property. My skin disorder continue to progress. I could not work, I could not function. I could not control my emotions. I could not bear to wear clothes. I was in severe pain 24/7. The new officer advised me that I should move. A civil court ruled against the neighbor citing my Constitution Right to enjoy my own property.  The neighbor acting in contempt continued to apply chemicals to my property with no concern of being held accountable. I did sell my home and business in an unsuccessful to date effort to regain any quality of life. I have always been of the opinion that it was the actions of the councilman/neighbor that caused injury to me. But it is the liability of the City and County Attorney due to the intentional negligence. Do you agree that this is a matter of violation of my Constitutional rights? There exists a conflict of interest between the County Attorney and the City preventing any contempt of court proceedings. The evidence and witnesses I have prove without a doubt my allegations. I have been constantly harassed and my complaints ignored. My character has been defamed and these authorities have knowingly made false statements from the beginning of this nightmare,. My allegations are absolutely outrageous but completely true and provable. I have lived in a state of terror with no protection of the law. There has been no investigation into my allegations. In fact, if any outside source would give me the benefit of the doubt and review my evidence and question my witnesses they might conclude that there needs to be more oversight and criminal prosecution of local government authorities. I contacted many of you previously when I was clearly in a state of despair and there was no response. Perhaps I was not clear with my explanation of what had transpired. I had severely impaired eyesight that hampered my ability to communicate adequately for an extended period of time. Unfortunately the corrective surgery has not been completely successful and the I can not get further medical attention until April.  I have contacted every State Government resource available, with no response regarding my request into an  investigation of my evidence. Some one needs to be the hero here. I am a victim and a witness of serious criminal acts by local government authorities. I can understand now how a person can be so personally violated, beg for help, be ignore, lose control, labeled as deranged to satisfy the public the facts never disclosed to the public. That in my opinion is a tragedy. I will continue to this forum as my weapon for justice until the day I die. Do not dismiss me as crazy until you review my evidence.  Please respond.sincerely,
Melody Boatner

This was sent to mhorvit@ire.org, non-attorney Staff <legal.program@aclu-ia.org>, Congressman Dave Loebsack <Rep.Loebsack@mail.house.gov>, dateline@nbcuni.com, Jason Hancock <jason@iowaindependent.com>, IDCI Gerard Meyers <meyers@dps.state.ia.us>, Omaha@ic.fbi.gov, usa@mediacom.com

Recently there was an imposter sent to my home perpetrating an FBI agent. The intent was for him to review the hard copy evidence I have supporting my allegation. He arrived advising me that he had no intention of reviewing any hard copy evidence. He ordered me to verbally tell him the story. I advised him that it was not possible to tell this story because it is to complex. I had the option of verbally telling him or I suppose he would have left with nothing. He gave me 2 1/2 hours to attempt to tell the facts of a case of pubic corruption that had gone on for years. That same day two hours later I received in the mail a letter from FBI Washington, DC. The letter stated that the imposter agent had determined no violation of Federal law had occurred. The letter was signed by J.C. Hacker. This letter was obviously was based on a fraudulent investigation. Predetermined by the imposter that came to my home. He admitted that he had been given verbal information that came from the County Sheriff. He somehow was so professional that he believed the fabricated story of a know dirty cop over my story. He had the opportunity to review the evidence himself. He knew if he had followed procedure for investigations he would have no option but to bring criminal charges against these corrupt local officials. So where the hell is justice in this. This only expanded the conspirators violating my Constitutional Rights. Deprivation of Rights under color of law, Discrimination, Fraud, and I guess these people want me to commit a crime to get a response from them. What crime would it be to force someone to defend themselves by taking up arms? Do they think I am just going to walk away and let this psychopath have my assets? Hell no I am not. There are laws that protect citizens from trespassing. Criminal laws, laws that force compliance to court order, contempt of court. Glyphosate is a poison, I was intentionally expose to this toxic chemical by my local public officials. What the hell are public corruption laws written for if not to protect the rights of the citizens. Statute of limitations does not apply in cases of torture. Domestic terrorism is real.

Public Corruption and Private Property Rights in Violation of Federal Law.

I have always been searching for a private attorney, clearly I do not have a retainer. My assets were unlawfully seized. Prior to this I could have gotten anything I desired on my excellent credit rating.  That being said this is why I believe the Feds have the duty to protect my Constitutional right to private property.

The Fourth Amendment protects Americans from “unreasonable searches and seizures” by the government. But the Supreme Court’s interpretation of “unreasonable” has varied over time. Some searches require warrants, but others do not. In general, the Fourth Amendment protects a person and their property from searches by the government wherever there is a “reasonable expectation of privacy.” For instance, trash that is still inside a person’s home is protected; trash sitting beside the street curb for pickup is not. In the age of the Internet, where so much personal information is shared over social media such as Facebook and Twitter, some people argue that privacy has become a myth. After the 9-11 attacks, Congress passed laws making it easier for the government to use such information when investigating terrorism. The Fifth Amendment protects the right to private property in two ways. First, it states that a person may not be deprived of property by the government without “due process of law,” or fair procedures. In addition, it sets limits on the traditional practice of eminent domain, such as when the government takes private property to build a public road. Under the Fifth Amendment, such takings must be for a “public use” and require “just compensation” at market value for the property seized. But in Kelo v. City of New London (2005), the Supreme Court interpreted public use broadly to include a “public purpose” of economic development that might directly benefit private parties. In response, many state legislatures passed laws limiting the scope of eminent domain for public use.

Rights content written by Linda R. Monk, Constitutional scholar

My property was illegally seized by local government officials. Any control of use of my private property was violated by my neighbor and the local government officials. Unlawfully assaulting me with chemical weapons with the intent of eliminating me from my property is an act of terrorism resulting in torture, that I can testify to and the evidence supports. There is no other side to this story, I am fully disclosing the evidence that supports my allegations are factual.

Public corruption involves a breach of public trust and/or abuse of position by federal, state, or local officials and their private sector accomplices. By broad definition, a government official, whether elected, appointed or hired, violates federal law when he/she asks, demands, solicits, accepts, or agrees to receive anything of value in return for being influenced in the performance of their official duties. One of the most high-profile forms of public corruption is bribery of a public official. Title 18 of the U.S. Code, Section 201 provides the statutory framework for bribery prosecutions. Federal legislators are continuing to work on legislation that increases penalties for public corruption and that attempts to close loopholes created by previous legislation. Ethics violations occur at all levels of government (local, state, and federal) and includes allegations of judicial, legislative, regulatory, contract, and law enforcement corruption. Law enforcement corruption accounts for more than one-third of the current corruption investigations. These cases typically involve law enforcement officers accepting money to protect (or facilitate) drug-trafficking and organized criminal activity. Breaches of the public trust can impact everything, from how well our borders are secured and our neighborhoods protected, to verdicts handed down in courts of law, to the quality of our roads and schools. Public corruption is one of the FBI’s top investigative priorities—behind only terrorism, espionage, and cyber crimes. Federal cases of public corruption are prosecuted by the Department of Justice. Individual states also prosecute cases of public corruption, including charges of bribery, receiving unlawful gratuities, and misuse of confidential information. Private criminal defense lawyers often specialize in either state or federal cases. State court penalties for public corruption range from six months in prison and a $1,000 for misdemeanor misuse of confidential information to a prison term of 8 years and up to a $250,000 fine for felony bribery. A federal offense can likewise garner serious penalties, which may include thousands of dollars and/or time in federal prison.                                                                         

Private criminal defense attorneys are hired by those who are accused of crimes regarding public corruption, not the victims of public corruption. In this case the State attorney for Lee County, Iowa discriminated against me, he had an existing conflict of interest. He refused to prosecute this neighbor for criminal trespassing (in violation of a civil court order) He criminally charged me multiple times with fabricated laws. Laws that do not exist. The city clerk also altered city ordinances specifically for my in the best interest of this neighbor/council member. She committed document fraud multiple times. She never even got reprimanded. Fraud is a criminal offense. This clerk actually got a title of higher authority for the crimes she committed against me. I don’t know if you have viewed my website but here are some links that provide the relevant information and the hard copy evidence.                                            https://docs.google.com/presentation/d/12-U-5aB6PuRmxZX4B8uy-hTpaQ2_Qs34lmVYmGo5tic/edit?usp=sharing   

 https://docs.google.com/presentation/d/1OQYEN-sOBooq62NUHwyFObWHlLCwUbLGb3tpmyXON00/edit?usp=sharing

 https://docs.google.com/presentation/d/1XkyMRhjC-_8toaLl2pfLSt4YWF_9dts69nIWfTaSfts/edit?usp=sharing               

My site is https://poisonedbymyneighborfromhell.com                     

This is an unprecedented case. There is no other case in which chemicals have been used to eliminate a citizen from their own private property.  https://docs.google.com/presentation/d/10o7BgegCaQc5BVIqEabn4KD_9fBbjaf2Xb6TP6F7iX4/edit?usp=sharing

I really have to repost this letter, how many criminals admit to intentionally causing someone harm.

Really you people who have not read this letter I received from the AUSA read it. The prosecutor’s job is to take the hard copy evidence (not hearsay) and use it to convict the criminals. Using hearsay is not evidence!!! There has never been an authority that has taken the time to review my evidence. He may be assuming my evidence is assumptive, because the SA refused to review my hard copy evidence. This guy needs to resign if he does not know that private property rights are Federally protected. Here are the Federal crimes that my evidence supports beyond a reasonable doubt. These Federal imposters are protecting some of the most hardened organization of crime I have heard of. They nearly killed me. This guy really thinks I should have evidence posted that will implicate the highest ranking law enforcement of the county. Yeah that would be real smart on my part.

10-3-2018 Kevin VanderSchel pg 2

This is a guy who has the duty to prosecute public corruption, he shows himself to be a participant. Regardless of any issues he intends to participate in the violation of my rights.

Proof that this violation of Federal law cannot be disputed, the evidence proves this did happen. There is no assumption of any kind. The neighbor admitted to it in a civil court trial. I asked this AUSA if he had the authority to violate a civil court order, he said he did. I do not believe that for a minute. If that were the case why would people bother with having a civil court trial? Liars and thieves are the only thing I recognize from these government officials. I want to see hard copy evidence that he has the right to violate a civil court order. I will not take hearsay to be a fact. I am not suppose to contact his office anymore, He can kiss my butt. He works for me and he will pay the price for lying and conspiring to violate my Federal rights. He won’t take me up on my challenge to fist fight. He must be a puss.

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 nonculpable 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.

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