Rosenthal finally re-convicted by Feds… but will do no “High” time

In a prosecutorial effort that bordered on unconstitutional, vindictive & inane, San Francisco federal US Attorney George Bevan finally got his conviction on three of the five marijuana-growing charges against author / activist / medical marijuana grower Ed Rosenthal here in court yesterday. The victory is considered almost pointless, since it was predetermined that Rosenthal would not be eligible to serve anymore time for growing pot in an East Bay warehouse after his 2003 conviction was overturned by a federal appellate court in 2006. Said Rosenthal after the third verdict in this matter was handed down was handed down

“I feel like the whole thing is a parody. … It’s not going to really change my life much one way or the other.”

Rosenthal’s lawyers had successfully argued in 2006 that his conviction be overturned because one of the jurors had been intimidated from exercising her right to vote “not guilty” when she realized the case involved medical use advocated as part of a City of Oakland program, which was legal according to California law.

In a case of possibly not knowing when to just keep his mouth shut, the newly vindicated Rosenthal in 2006 encouraged Bevan to keep on pursuing him, so people could see his “hate of marijuana and medical marijuana patients.”

The Feds, offended by Rosenthal & the various local regulations that have decriminalized marijuana cultivation under certain circumstances, went out of their way to see that the jury could not have or consider the information that Ed had received permission from local officials to grow at 1419 Mandela Parkway in Oakland before his arrest in 2002. Hence Ed Rosenthal is convicted, yet remains free… and yet still plans to appeal, and jokingly referred of fleeing to Canada. (Thus creating another one of those only in San Francisco situations ?)

Measure ZOakland has since passed measure Z, by 65% of voters in 2004, making private marijuana offenses the lowest police priority and instructs the city to tax and regulate cannabis as soon as possible. In SF Pot club landlord/ district 4 supe Ed Jew was on vacation in China with his accountant Calvin Louie and could not be reached for comment, but assemblyman Mark Leno, currently running for state senate against heavily medicated leukemia patient Carole Migden had this statement ready for the press

“The estimated millions of dollars spent on persecuting Ed could have been used to feed countless seniors, house the homeless, educate our children or serve many of the needs of those less fortunate. Federal prosecutors could better provide for the welfare of our citizens through the prosecution of individuals who pose a real danger to public safety. Through its continued attacks on sick and dying patients, our government is acting in a manner that is nothing short of abusive and unconscionable.”

For a news media report : http://www.insidebayarea.com/dailyreview/localnews/ci_6027523

For background see http://www.green-aid.com/index.htm

http://www.oaksterdamnews.net/content/view/246/10020/

1 Comment so far

  1. Vernon Balmer (unregistered) on May 31st, 2007 @ 10:35 pm

    Thank you for the assistance you have given. Please,
    do not contact Senator Akaka’s office again, on my
    behalf. Unless there is some neccessary secrecy to an
    investigation he is doing, all I have received from his
    offices is a letter inquiring about funds for the Hawaii
    State Library. My concerns extend much further than
    this. Hopefully, the light being shed on activities in
    the Justice Department will lend itself to some justice
    for me. Otherwise it will be nothing but justice
    delayed and denied.

    I apologize if I have contacted you before, but I can
    not give up. I may be going in circles at this point,
    but it beats capitulation. One day people will know,
    and GOD will bring attention and justice to this
    situation. It can’t just be me. If someone would look at
    this, I’m sure they will find a class.

    March 2007, My complaint to the Dept. Of Ed is
    refused on the grounds that they do not fund any programs or
    activities at the Hawaii State Public Library System.

    If the situation is threatening enough to cause a
    change in levels moment to moment, it stands to my reason,
    it would remain at a certain level until there is a
    sufficient enough change or stabilization to bring it to
    a lesser level. But that’s just me.

    On the 17th of Oct., I submit a complaint to the
    Police Commission relaying concerns about the treatment I
    experienced at the security checkpoint at HPD District
    1 the previous day.

    Returning to the station to locate a article I left, I
    am told by Officer Kahele, in the presence of one
    officer Hung, and another, that it is mandatory that I
    produce ID, and that I remove everything from my pockets,
    and take off my belt before passing through the metal
    detector.

    I point out this information is not on the signs, and
    officer Kahele says there will be no furthering of my
    purpose if I do not comply. After complying, I am told
    by officer Kahele that I must sit down, or she will
    not take my report. Previous to this occasion , when at
    the HPD headquarters, I was never asked to remove
    everything from my pockets and, or to remove my belt, or
    that I had to produce ID to enter. Officer Lau, the
    sergeant for this post, tells me the same.

    I am told by a detective that it is not mandatory to
    produce ID, “We don’t care who you are. Anyone has the
    right to come in here”. Sergeant Lau, who I am told is
    the officer in charge of the post says depending on
    the threat level, procedures may change day to day. He
    says one may be required to remove everything from ones
    pockets etc., or be required to submit to different
    procedures. I inform him that on the same day, when I
    was there previously, I was not required to do so. He
    inform me that the security level may change from moment
    to moment.

    On Oct. 16, 2006 I submit a complaint to HPD Internal
    Affairs relaying concerns about not being asked to
    identify the driver of the vehicle that hit me on the 8th
    of Sept., and the fact that the person who stood as
    Chris Pa at the arraignment was not the driver of the
    car.

    Oct. 6, 2006, I go to the arraignment of A Mr. Chris
    Pa. I am surprised to see that this Mr. Pa is not the
    driver I saw, while laying on the hood of the car and
    peering through the windshield, and definitely not the
    man I looked in the face and spoke to through an
    opened window. This may be due to the fact that I was not
    asked to identify the person located, arrested, or
    cited, on the night of the incident or at any subsequent
    time, until I see him at the arraignment. I am directed
    by the presiding judge to inform the prosecutors
    office, which I do.

    Oct. 2, 2006, I am told at traffic court there is no
    court date set, but have found online there is one on
    Oct. 6, in room 4B, and I am not included as the
    victim. I still get correspondence from the insurer’s agents
    telling me of medical coverage available, although I
    told the driver, the responding officer, and previously
    the insurer’s agent, I am OK.

    Sept.21, 2006, I go to City Hall to get a voters
    registration card and am told it will cost .50 cents.

    I am surprised to get a “Certificate”, ala Lens
    Crafters, and ask is this it? I am told yes by the clerk.
    Today, on “The Bus” I see a man who says he works at the
    polls, who tells me there is still a little yellow
    card that comes in the mail and is surprised to see the
    “Certificate”.

    Sept. 8, 2006 I am hit by a car bearing license plate
    JST 203, that was stopped at a crosswalk. The driver
    is looking at me when he accelerates. The driver
    doesn’t wait for police to arrive. They find him at his
    home. The police report reads Crime Code 550, which I am
    told means, a collision with damage of more than 3000
    dollars. I am told the responding police officer
    decides if there will be an investigation. More Honolulu
    HOKUM.

    This is the place where, those who would complain
    about wrongdoing are persecuted, harassed, smeared and
    railroaded. Where the perpetrators are bribed to keep
    quiet, or go along with the cover-up, promoted, and
    transferred.

    Sept. 7, 2006, a security guard, Solomona Savea, badge
    number – 90187, at the Hawaii State Library, calls me
    a “ni–er” twice” in the library foyer, in a loud
    voice.

    Aug. 10, 2006, I have been told by Sen. Barack Obama’s
    office, where I sent this same correspondence, that
    someone from Sen. Akaka’s office would contact me,
    because Sen. Obama’s office forwarded the correspondence to
    them. I have yet to hear from Sen. Akaka’s office. Is
    there some assistance your office can give me?

    July 23, 2006, An Optometrist, Kim Agena at a Lens
    Crafters gives me a prescription that is weaker than
    the one I had for the previous 7 years. Doctor Au, a
    co-owner corrects this, but when I ask for photocopies of
    my records the doctor refuses and gives me a hand
    written ” Vision Certificate” instead, that is not signed
    and does not contain a license number where
    applicable. I have made a formal request in writing. They have
    told me it will be at a cost of 20 dollars for 10
    pages, which seems exorbitant and requested that I not seek
    services at any Optometrists in Lens Crafters. The
    doctor, Au, is the co – owner along with Dr. Lau, of all
    the Optometrist offices in Lens Crafters, in
    Honolulu. In other words, I cannot get an eye exam at Lens
    Crafters. Is it considered rude or threatening, to ask
    for one’s records?

    The advice I get here is nothing but a pack of lies.

    The local ACLU has written me 3 differing and separate
    excuses why they cannot or will not get involved, but
    never the conflict I found below.

    April 2006, I have had two librarians and a
    circulation clerk tell me there is no report possible for
    stolen books. They must be lost. This would have caused
    fees to be incurred by me. I had to take the police
    report to the State Librarian’s Office to settle the matter
    and have the fines removed from my account. This all
    could have been done at the State Library.

    Jan. 2006, I have had two bank accounts effected. One
    because a deposit I made to cover my use of overdraft
    protection was not credited, they rescinded the
    “overdraft” and CLOSED my account. The bank says it had to
    be held in the account for a day, to be credited.
    Nowhere in the terms and conditions is this stated. The
    depletion of the other account, I have been given no
    reason for. July 2006, I have written to the Clint
    Arnoldus Denis Isono and Susan Tachino asking them to
    explain, and have received no response.

    Recently, I have made another complaint, in addition
    to the previous five, to the USPS – OIG, about mail I
    am to receive or have sent. I sent a certified letter
    to Richard E. Fairfax, Directorate of Enforcement
    Programs – OSHA, in Washington D.C., on the 2nd of
    December. The certification number is 7005 2570 0000 6898
    2586. I look at the track and confirm feature at USPS.COM
    and there is no record of it having been delivered
    yet.

    My case was dismissed May 24, 2006. How often does
    this occur? A case is dismissed with two days difference
    between the dismissal date and the termination date,
    (May 26, 2004) of the individual filing suit. I will
    never understand how the three judges that made
    decisions in this case could not see that it is too complex
    for anyone who would consider themselves a pro se
    litigant, which I do not.

    This has been an uphill battle against an opponent
    whose underwriters include a Fortune 500 company, FNF.

    On 11/14/05, yinsay@aol.com wrote:
    Dear Vernon—- Your letter is alarming.I have over
    time,recieved calls
    from persons very distressed by the Hawaii you know.In
    fact I’ve been out of
    Hawaii for many months one reason being the hostile
    and dysfunctional
    nature of things.I’ve even been jailed on a charge it
    took the Judge when I
    finally got before one 2 minutes to throw out.That all
    being said have no
    ability to be of help to you other than to give you
    encouragement from this
    distance.
    Sincerely John Goemans
    Original Message
    From: Eric Grant grant@eric-grant.com
    To: yinsay@aol.com
    Sent: Fri, 11 Nov 2005 01:06:41 -0500
    Subject: RE: Still attempting to contact Mr. Goemans
    Mr. Balmer, Mr. Goemans’ address is
    john.goemans@gmail.com
    Cordially,
    EricGrant
    Attorney at Law
    8001 Folsom Boulevard, Suite 100
    Sacramento, California 95826
    Telephone: (916) 388-0833
    Facsimile: (916) 691-3261
    http://www.eric-grant.com
    From: yinsay@aol.com [mailto: yinsay@aol.com]
    Sent: Wednesday, November 09, 2005 7:47 PM
    To: grant@eric-grant.com
    Subject: Still attempting to contact Mr. Goemans. If
    he has one, and you know Mr. Goeman’s e-mail address
    kindly forward this to it, please.

    Dear Sir or Madam,

    I have resided here in Honolulu, Hawaii for almost 4
    years now. I had intended to stay here when I made the
    decision to come, and was happy to have found
    employment relatively soon. I found a job working with a
    temporary agency for 4 months. I was hired by the client as
    a regular employee, Sept. 2002. On my first day of
    regular hire, I was shocked to hear, “you know why they
    hired him, don’t you”, from one of my co-workers. But,
    needing to work for a living and being in a strange
    place, I thought it best to ignore this. After all, I
    was hired.

    At the beginning of my time with the client, Title
    Guaranty, I was told by the on site supervisor that if I
    was to take a particular bus and call her first,
    “there would be more work”. The day after this I handed her
    my time card, ready to seek another assignment, when
    she acted as though she didn’t know why I would be
    doing this. When I explained, she countered with some
    nebulous words and said I could work as long as the
    company needed me.

    Subsequently, the same supervisor would tell me that I
    had to give her a key or the combination to the lock
    on my locker, “in case of an emergency”. I thought this
    to be a strange request, as I could not imagine an
    emergency in my locker that would require her or anyone
    else to open it without me. I didn’t respond to her
    request, and not hearing anything further, I gathered
    that it was not company policy at all.

    Having a co-worker refer to me as “boy” and another
    ask me 3 times – after giving an answer twice – “why do
    black people use the N word?”, did not make me feel
    very gregarious among them. I was also told by a
    co-worker, “all Hawaii is a gang brah.”, and by another,
    “it’s all connected”. The supervisor speaking about a
    former supervisor said, “we made him quit because he
    thought he was smarter than us, cause he was from the east
    coast”.

    We were housed in a basement of what is now a former
    Costco building, with an air-conditioner as the only
    ventilation. When I noticed mold growing in a hole, in
    the wall beneath the air-conditioner, adjacent to the
    room where I sometimes, but mostly my co-workers would
    eat lunch, I asked them about it and was told that
    management was made aware of it and did nothing. I
    decided to inform management myself, considering the
    untruths I had previously heard, from some. I was thanked by
    the assistant to the woman in accounting who handled
    the repairs for the building.

    I did not think it was a major undertaking by a very
    successful company to fix this problem, and was
    surprised at the length of time it was taking to address the
    situation, so I informed OSHA, Aug. 2003. This is when
    things started to go further south. Strangely, the day
    after going to the OSHA offices, the next day at work,
    my supervisor stated to a co-worker, “Vernon went to
    OSHA.” This information was not given to her or any
    co-worker, by me.

    When I went to OSHA, the employee did not give me any
    type of reference number, or write one in the space
    provided on the complaint form, nor did she inform me at
    that time that mold is not OSHA’S jurisdiction, which
    is what I was told when I went to check on the status
    of the complaint.

    Neither, did the employee inform me of laws governing
    discrimination. I was also told – it not being OSHA’S
    jurisdiction – the complaint was referred to the
    Department of Health. It was like pulling teeth to get an
    answer as to what office at the DOH it was referred to.
    Needless to say I could not inquire about the possible
    disposition of the complaint, not knowing where to
    inquire.

    I made a complaint to the EEOC, Jan. 2004, and the
    Hawaii Civil Rights Commission, Apr. 2004, both of which
    were dismissed without an investigation, each agency
    sat back and waited for the submission of the company’s
    response. Incidentally, I was contacted by the
    director of the EEOC, asking me if I wanted to proceed, after
    I was shown a copy of the company’s response, which I
    don’t believe is proper. I now see in the EEOC’s and
    the HCRC’s own publications, matters such as mine that
    were investigated and even adjudicated. During the
    HCRC’s lack of investigation, I only heard from them at
    the intake and when I received their letter of
    dismissal.

    I furnished the EEOC and the HCRC with names of
    co-workers who said they would speak for me. They were not
    interviewed. I was informed by an investigator at the
    EEOC that no one visited the site. There was a similar
    situation here with UPS, where an employee was fired
    for doing less egregious acts than his co-workers,
    which I believe is the case here. I saw co-workers break
    company equipment, cuss freely, ask for sexual favors,
    and bring children and friends to the work site.
    Throughout this experience I have been told by these
    agencies’ staff and lawyers, literally or in effect, “there
    is no smoking gun here”. This is only due to there
    being no investigation. In the least, there is a pattern
    that should compel any thinking person to ask
    questions.

    Subsequent to this, my work was sabotaged on more than
    one occasion, and reports to management only resulted
    in them twisting the situation in attempts to placate
    me and set me up for these spurious accusations by my
    co-workers. Each complaint of mine was a matter of my
    erroneous “interpretation”, as stated by management,
    while my co-workers complaints were valid descriptions
    of my “misconduct”.

    As a result of the accusations, I was suspended,
    without pay, pending an internal investigation for, I kid
    you not, a co-worker accusing me of harassing her by
    clapping my hands and signing “Pink Cadillac”, and
    another saying, I was teasing her when I asked her to say
    my name and that of the manager to see if I could
    distinguish the two. Another co-worker accused me of
    harassing her by putting an arm around her shoulders while
    standing next to her. This same co-worker, who hugged
    me twice before witnesses.

    I was terminated in May 2004, two weeks after the
    dismissal of the EEOC complaint that was not investigated,
    and a day after informing management that I overheard
    a co-worker saying to the one that accused me of
    harassing her by singing, “we’re going to show him the
    power of p—-.June 2004 I was denied unemployment
    insurance, with a fact-finding interview done over the
    telephone that was not reviewed or signed by me, as it
    should have been, before it was made part of the official
    record and used at my future appeal. The subsequent
    appeal Aug. 2004 was biased, prejudiced, and contained
    perjured statements by the witnesses for my former
    employer. I am now told that the recording of the hearing
    does not exist because it was transcribed.

    I have initiated a suit in federal court, Jan. 2005
    that I can not pursue, due to the lack of time and funds
    necessary for an undertaking such as this, and the
    skill I do not have in these matters. I have all but
    given up searching for representation, believing word has
    gotten to many legal ears on the island and no one
    wants to go against the state that has all but coddled
    and cuddled business here.

    I have contacted the ACLU, and given them much
    information, but they seem more interested in writing briefs
    for exotic entertainers arrested for doing lap dances.
    First they tell me they cannot help unless the matter
    involves a government agency. Then, they tell me they
    can if a decision is against me. Then, they tell me
    they do not have the manpower and time. Each of the
    criteria, I met at the time I contacted them.

    Coincidently, I find a lawyer, Roger Fonseca, at the
    firm representing my former employer, is the national
    representative for the Hawaii chapter of the ACLU, and
    their staff also have a few names that are the same as
    those associated with Hawaii real estate. They cannot
    help, but they can accept my information.

    I have tried to interest many, many lawyers and firms
    by email, letters and personal visits, to no avail. I
    have had a lawyer in San Francisco who participated in
    a well known case here try to find someone without
    success. This situation has been surrounded by
    complicity, cronyism, and bias.

    I have written to the DOJ, only to have my
    information shuffled from one agency to another, including the
    Department of the Interior, and finally coming full
    circle to the Hawaii Department of Labor. I do not think
    this is coincidence. At the HCRC, there is a
    commission member with the same name as the owners of my former
    employer’s business, one Coral Wong Pietsch.

    Mrs. Pietsch is a general in the U.S. Army Reserve,
    and an attorney, a very powerful position with ties to
    D.C., I’m sure. It has long been my suspicion that this
    may have played a roll in the lack of effort on the
    part of officials that has attended this matter. Each
    party’s history I research has some relation to another,
    be it professional, academic, and even familial.

    I now look at web sites for all the organizations I
    sought help at – e-mail to the Governor and Lieutenant
    Governor, all representative’s and senator’s offices,
    Legal Aid Society, Hawaii Dept. of Labor and the DOL –
    national, EEOC – Hawaii, district, and national
    offices, NAACP Hawaii, Hawaii Civil Rights Commission, ACLU
    of Hawaii, Hawaii – Department of Health, HIOSH and
    OSHA ( regional and national ), Volunteer Legal Services
    of Hawaii, the Hawaii Office of Information Practices,
    the Ombudsman’s Office where my letter explaining the
    situation and their reply stating they could do
    nothing, are the only correspondence I had during it’s
    investigation, and the Hawaii State Bar Association, where
    the lawyers who are members of the Real Property and
    Financial Services Section, are also affiliated with
    these other organizations, or directly associated with
    my former employer, or the firm that represents them –
    Torkildson, Katz. Fonseca, Heatherington, and Moore.

    The Real Property and Financial Services Section
    includes a lawyer I was assisted by, one Andre Wooten, who
    at the time told me nothing of his involvement with
    this organization. He was suggested to me by church
    members and NAACP officer Alfonso Braggs. I pull up the
    staff or the particular board of directors of these
    organizations and there are last names that are the same
    and have some relationship, mostly with real estate,
    and more than a few with ties to California.

    Two names in particular are quite suspicious. A
    Kouchi, at Volunteer Legal Services, which was the last name
    of the HR assistant at Title Guaranty, Pang which is
    the name of a front desk worker at the YMCA, who I
    complained about signing for my mail. and that of a
    Appeals Officer at Department of Labor – Security Appeals
    Referees Office. Hirayama the appeal referee, and the
    owner of the restaurant at the YMCA. And on and on.

    There are too many relationships here to be mere
    coincidence and are questionable, at least. My information
    was passed by one Elain Chao – Department Of Labor, in
    D.C. to Tin Shing Chao Department of Labor here in
    Hawaii, who used an erroneous date to nullify my
    complaint. This was after a layover in California with Ms.
    Alison Pauley at the regional offices. Whose CASPA
    investigation stated that I should have made this a written
    complaint, when Hawaii law states it does not matter,
    whether written or verbal. Could she be ralated to the
    Pauley’s who have donated to the University of Hawaii,
    and have owned land here?

    The complex in Hawaii that houses the Department of
    Labor, is also where the HIOSH offices and the Hawaii
    Civil Rights Commission offices are located. This name,
    Pang, pops up in various places dealing with state
    government and real estate. I now know these agencies to
    be straw dogs that do everything but contend with the
    status quo.

    For the most part, the agencies that pretend to help,
    most notably the NAACP and ACLU, only collect
    information and then say they can do nothing; I wonder what
    happens to the information in a state that treats
    confidential information as a comodity.

    Incidentally my former employer’s representation is
    one of the largest contributors to Legal Aid Society.
    Concerning Volunteer Legal Services of Hawaii, I have
    recently discovered that one of two lawyers they
    referred is an attorney at the law firm representing my
    former employer, and the other is a realtor in Honolulu,
    and also liscensed to practice in California. And
    another is the member of a firm with old ties to the
    Pietsch family. Who were these lawyers going to “help”?

    I mention the YMCA because in 2002, I had complained
    about what I believed to be prostitution, facilitated
    by staff there. And when I informed the supervisor at
    Title Guaranty, her response was to leave well enough
    alone, after I informed her that I had, in my opinion
    angered some people there. My subsequent report to the
    police department was investigated by the police
    calling the YMCA and asking them if my suspicions were
    true. I think you can see what position this left me in.
    In my lay opinion, this was a sloppy and dangerous way
    to initiate and conclude an investigation.

    I have applied for many positions since my
    termination, and have only worked sporadically in spite of my
    efforts. I have registered with many staffing agencies –
    Olympia, Hawaii Staffing, Snelling, and Hawaii Temp,
    CTA Staffing which is now Bishop & Company, Manpower,
    Kelly, and POI. I have not worked a complete week and
    have not been contacted at all by some. I registered
    at Altres in 2004, and was not called in a years time
    before I returned. There, I was terminated for ” not
    being pro active”. There is no confidentiality law
    here, and I believe this also has worked against me. It –
    confidentiality – has been frequently cited by my
    former employer’s agents and state officials, only to
    protect themselves and facilitate their deceptive
    practices.

    I mostly use the public library to use the Internet,
    i.e. write letters and do research. Needless to say,
    this is not the most secure environment to do this type
    of activity. And I have had problems at this library
    with the computers and the staff. At the library, I
    have seen the text change when I am typing, without
    commands initiated by me. The printer is connected to the
    computer at the librarians’ desk. On one occasion, I
    was told by a security guard that a librarian had
    complained about me harassing her because I asked for her
    name to report her behavior.

    After contacting the librarian’s office, there is no
    record or remembrance of this aspect of the report.
    This tactic of “bait and switch” has been used on more
    than one occasion, by different entities. After not
    being online for 3 days I saw where someone had requested
    an Army Knowledge Online account in my name, or I
    should say my screen name. I saw an attorney – John L.
    Knorek – from the firm representing my former employer
    enter the philosophy department and ask for a librarian,
    Kathy, by name.

    Yee is the name of the head librarian at the State
    Library and the name of a former employee of the United
    States Attorney’s Office and HCRC, did training for the
    Department of Justice, and worked for the
    Massachusetts Attorney General. I sent most of this same
    information to Sen. Ted Kennedy’s offices in Massachusetts and
    was told during a telephone conversation with the
    office that, being on the Judiciary Committee, Sen.
    Kennedy could not get involved in judicial matters.

    Since this is the only avenue I have been given, I
    have asked the district offices of the DOL to investigate
    by CASPA, Sept. 2005, and have asked for an
    investigation for discrimination due to the whistle blower
    aspect of the matter. I believe this will be my only chance
    at a modicum of justice. But I will always believe
    that more realistically this situation can be defined by,
    18 USC 241, 242 and 245.

    Hawaii, I now entertain, is a state where the dollar
    is God, and workers are only a necessary evil to
    facilitate that gain. Where the Director of Labor and
    Industrial Relations, Nelson Befitel, has unashamedly
    professed his desire, and that of the state to relieve the
    department of any obligation to penalize businesses for
    infractions and, I can see where the natural sequence
    would be to alleviate any scrutiny that would expose
    abuse of power by the states employees. It is no
    wonder; I have experienced what I have. All too often, in
    the news here, the term “outsider” is given to any
    entity that would look at what is practiced here. But there
    is a GOD that sees all and will affect justice for the
    oppressed.

    Sincerely,

    Vernon Balmer Jr.
    401 Atkinson DR (211)
    Honolulu, HI 96814

    November 7, 2005
    Richard E. Fairfax, Director
    Directorate of Enforcement Programs(DEP)
    U.S . Department of Labor
    200 Constitution Avenue N.W.
    Washington , D.C. 20210
    Dear Sir,

    For the past two years at every step in this long
    railroad, from my initial complaint filed at the EEOC, and
    subsequent to that, the HCRC; the United States
    Commission on Civil Rights; the Department of Justice; and
    finally through no effort of my own, having it wind up
    at the Regional OSHA offices in San Francisco, I have
    steadily maintained that I submitted a written
    complaint at the state HIOSH offices, here in Honolulu.
    I was told that much of what I sent to the DOJ had
    been sent to the San Francisco OSHA offices. Evidently
    this written HIOSH complaint was not among the papers.

    Imagine my surprise when I got this letter from Mr.
    Traenkner, informing me that I should not have made this
    a verbal complaint. I retrieved the copy of the
    written complaint, made for me while at the HIOSH offices,
    just to convince myself that those in power are the
    ones mistaken, and now I believe with my whole being,
    they are in actuality, deceitful and dishonest, practiced
    at covering up embarrassing incidents, and downright
    criminal.

    I am making a request to you for a review by your
    national offices, where hopefully someone unbiased, with
    integrity, will do the right thing. There was a
    Ms.Hirai in San Francisco that said she could see the
    discrimination in this matter. Too bad it was not she that
    conducted the investigation. I only hope it is
    coincidence that there is a Hirai here in Honolulu that is a
    lawyer and involved in the real estate business, and a
    lawyer formerly in the firm representing my former
    employer.

    Throughout this situation there have been
    relationships, I have noticed in my opposition, which include
    professional, academic and familial. It has long been my
    suspicion that those ensconced in the cronyism here in
    Hawaii have at each step facilitated the lack of
    effort in this matter. I am now sure of what I have long
    suspected. This cover-up goes much further than what
    happens here in Hawaii.

    Sincerely,

    Vernon Balmer Jr.
    401 Atkinson DR (211)
    Honolulu, HI 96814
    808-941-3344



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