AFFIDAVIT

 

 

AFFIDAVIT

 

 

 

I, Dawana Breedlove-Samimi, 54 years of age and a resident of

 

California do hereby depose and say that:

 

 

1.   I prepared the herein chronology of events of the death of Nye Frank, my stepfather, from the time of his untimely death as a record of all that transpired relative to his case which I, together with my mother, Leota (Lee) Frank, pursued in our quest for the truth;

 

2. If requested to do so by the Court or any party in the case, I can and am willing to present the papers and/or documents that I mention in this chronology to prove the truth of my statements;

 

3.  That I declare under penalty of perjury under the laws of the State of California these events and statements to be true and correct of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true.

 

4.  That I am alleging conspiracy at the way this case was handled since the government officials had denied protection and services to the victims.  They had full knowledge that Lee and her neighbors were stalked and intimidated and by their actuations, instituted a cover-up of the murder of Nye Frank.

 

 

CHRONOLOGY OF NYE FRANK’S DEATH & CASE

 

Date                Particulars

2007

Aug 5   I found Nye Frank, my stepfather, dead in their bedroom, a few minutes after he was brutally assaulted by Ty Reddish at the corner of Twin Pines and Valley Hi Drive when Nye and Lee

        drove up to the mailboxes to get the Sunday paper.  Nye and I had an early breakfast that morning to celebrate the new home he just built (he had gotten the final 2 days prior). 

 

        Mom and myself are interviewed by police investigators (among them, Jesse Martinez who was the primary detective of the case and ADA Daima Calhoun of the Riverside District Attorney’s office).  ADA Calhoun was disrespectful    of Lee asking her at one point “Lady, is something wrong with your brain?” when Lee could not recall exactly what transpired.  I can attest to this incident and how badly Calhoun treated my mom.  At this point, I was wondering if it was “usual” for a DA to be present in the crime scene?  I reported this to the DA thru the Victim’s Advocate.

 

        The police made Lee pose front & side (the way the police do for suspects) so they can take pictures as if she is a suspect to the incident.  This was near Nye Franks body was at the bottom of Lee Franks feet dead.

                 

                  In the evening, my mom and I were invited for dinner by Mary Ann Miller, a neighbor to Lee and next door neighbor to Ty’s parents house.  Ty’s parents follow Lee & I from the corner of Twin Pines & Valley Hi all the way to Mary Ann’s house.  They got out of the car and started harassing Mary Ann why she was inviting Lee & I over.  Reddishes call Mary Ann about 4-5 times during dinner with Mary Ann telling them that she was only comforting a hurt person but they kept her on the phone so

        long.   (This incident was reported to the victims advocate via email on Sept 26, 2007)

 

Aug 8       We called the Sheriff’s office to ask why Ty Reddish was out (Ty, his brother and his parents were in the street corner and waving at us).   A representative of the Sheriff’s office told April, Lee’s granddaughter that he was out because the District Attorney was not charging him with any crime.(Section 28 e. Art. 1 of the California Constitution specifically states that “xxx Public safety shall be the primary consideration.   Xxx  no person charged with the commission of any serious felony shall be released on his or her recognizance.  Before any person arrested for a serious felony may be released on bail,

        a hearing may be held xxx”)  (Also, what about Penal Code 368 on elders?)

       

Aug  9     We kept getting calls from several neighbors that the Reddishes went to their house to tell them that Nye started the fight and that they intimidated them if they saw them (neighbors)visiting us.  They kept on going door to door.  (We reported this and the prior incidents where Ty and his family would wave at us from the street corner to the police who said that they could not do anything about it.)  I believe that my mom and her neighbors were victimized again by the actions of the

        Reddishes and the inaction by law enforcement to protect them.

 

 

Aug 11  Memorial Service:  Celebration of Nye Frank’s life held at the house that Nye had built very recently

 

 

Aug 18     The Turlea family, came to visit us. They say that they have fears of getting involved but they know of several incidents where they were eyewitnesses to incidents involving Ty:

1)   Ty yelling at a guy to stop his car since he was making too much dust;

2)   Ty chased a runner because he was making too much dust. When he saw the Turlea girls coming, he changed his tone and let the runner go.  

3)   They saw Ty and his car in a ditch.  When they woke him up, he was angry.  When they told him that they were trying to help, the more he got angry.  They felt he was dangerous so they were trying to be careful and nice.

 

                  Irina Turlea, a registered nurse, who did the CPR on Nye provided an affidavit about what was happening during the CPR. (See exhibit 1 for a copy of affidavit)

 

Aug 22     After we made calls to the Sheriff’s Office to inquire about the case, Detective Jesse Martinez came up to Lee’s house on this day.  Martinez said that ADA Calhoun was at the autopsy and that Nye died of a heart attack.  He said ADA Calhoun told

        him that there is no need to investigate since she will not be

        filing charges.  By these actuations, I believe and am alleging that  ADA Calhoun became involved in the sheriff’s police work when she interfered in the investigation. 

 

        On my question if Ty was drug-tested at the time of his arrest, Martinez said No – he said he decided there was no need to.  (Ty had 2 prior arrests for alcohol use and is currently on summary probation).   Lee also told them at the time of the incident that Ty looked like he was crazy or on drugs.   It was also in this meeting that Martinez said that “Ty admitted that he did 2 signature holds on Nye.”  In audio recording, Ty bends down to avoid camera and stated that he did jujitsu moves on the “old guy” and that he did not back away from the fight. On the question of the police of whether he was ever in fear or felt Nye could harm him or overpower him, Ty said No.  Ty says he could have done a lot more damage than what he did to Nye. 

        He states he used a side guard and a swing guard in choking

        Nye.  The detective tells Ty that he seems to know about

        wrestling and Ty replies Yes and that his dad trained him as

        his dad is a wrestling coach at Norco High. Ty also confirms that Nye had bought a newspaper.

 

                  I emailed the coroner asking about Martinez’  statement that Nye died of a heart attack.                                                                                   

 

Aug 24     Faxed a letter to the Sheriff/Coroner informing that a private autopsy will be requested and that any body parts be preserved.  I went to DA office to find out about developments of the case.  I was given the run around.  They did not know where the case was.  It took them 5 calls to find out that it was on Martinez’ desk.

 

Aug 25     Coroner’s office, in the person of Brent Secrest, called to respond to my email the previous day.   Upon being told what Martinez said that Nye died of a heart attack,  he said “I never said heart attack.  Autopsy shows no heart attack.”  (please note that Brent Secrest is one of those who signed the coroner’s report saying cause of death is heart attack– information that we found out only in Dec 2007 when we got a copy of the report)

 

        Steven de Sante, the driver of the car mentioned (#1 incident) by the Turlea family as having had an encounter with Ty Reddish came to the house to relate the incident with Ty.  He prepared an affidavit (See copy of affidavit)                              

 

 

Aug 30  Sheriff Bob Doyle of Riverside finally responded to our several calls  to say that he has arranged for us to meet  with the detectives handling the case on Sept 6. In this phone call, Sheriff Doyle mentions that Nye had an enlarged heart and that Ty had marks on his neck.  He said that the file has in it that Nye choked Ty.  This is a shock to us.

 

Sept 6     Meeting between myself, Dave Clark, Nye’s employee for 29 years, and Detectives John Schultz and Dan Wilhelm at their office:   During the meeting:

 

1)   Schultz and Wilhelm say that Ty WAS drug-tested at the time of his arrest (This was proven out as not true – as we will prove later on in our meeting with DA Mike Rushton). 

2)   Schultz and Wilhelm said that Lee told the investigators that Nye took off his glasses and put them down to fight with Ty.  (Another untruth – Lee said she did not say this.  She says Nye never took off his glasses.  He still had them snug around his head as he usually wears them).

3)   Shultz and Wilhelm refused to take the letters and

affidavits about Ty since they said they were not investigating the case.  They said that it was a fight

between two men and that Nye died of a heart attack. (Please note that at this stage of the case there was no coroner’s report yet, they were already saying Nye had a “heart attack”.)

4)   When asked for a copy of Lee’s statement, they refused to

give it and said that Lee’s statements were recorded

(proven not true, as we will confirm in Nov 13 below). 

 

        Lee sent an email to Schultz & Wilhelm and to Jesse Martinez

        that she did not say that Nye put down his glasses, that

        he had removed them when he washed his face, glasses were new

        and had dents from hitting the ground.

 

Sept 6  Lee sends out 2 letters with 2 money orders requesting for a

        copy of the coroner’s report and police report.

 

Sept 12 Detective Martinez says that the toxicology reports are in. I called the coroner about the report.

 

Sept 13 Fred Lloyd, Nye’s doctor calls after he learned of Nye’s death.  He cried on the phone.   Dr Lloyd says that Nye did not have a heart problem.  He said he saw Nye every 6 months and that Nye was as meticulous about his heart as he was about building

        race cars.  He said he has all the records and would be willing to talk to the coroner’s office.

 

Sept 14 Sent a fax to the District Attorney attaching documents to

        show that Ty is on summary probation and that he has escalating violent behavior.  I also send them a copy of the affidavits

        from people about their encounters with Ty.  No response to

        this fax.  In fact, found out later on that Nye’s file did not have these affidavits.  In her email, Kim confirms that the

        fax was received.

 

Sept 19 I call the coroner’s office to follow up on the coroner report.  The coroner said that their report is done and that they were stating and recommending that cause of death is homicide.(underscoring mine)

 

                 On this day, Det. Martinez also calls Lee to say that he wants Nye’s eyeglasses. He said he will come to the house to pick

                 them up.

 

Sept 20 I went to the DA office to speak to someone about the case.  It took them long to find the case and finally was referred to

        ADA Daima Calhoun.  ADA Calhoun said that Nye died of a heart attack.  When I told her that I had called the coroner’s office and was told that it was homicide (She had not heard the report was done), Calhoun said “ I don’t care  what it said as it was

        a fight between 2 men”  She said  she made up her mind at the scene as she was there.  She also said that if my mother and I continue to pursue the case, she will have mom arrested as

        Ty had 2 people against him (underscoring mine). (I gave a full account of the conversation at the meeting via email to the PE columnist).   

       

        When asked for a business card, ADA Calhoun refused to give me  one and said: “Why? (She also did not hand out her card when

        she was at the house at the time of Nye’s death contrary to procedures outlined in the Guide for the Scene Investigator).

       

        Lee receives a letter with refund check signed by Sheriff Bob Doyle.   Lee’s letter was also attached with the handwritten note:  “Refund check.   Case is homicide. No reports for release”.(underscoring mine)  By returning the check with the note, case was really homicide but ADA Calhoun apparently

        wanted it otherwise. 

 

 

Sept 21 I call the coroner’s office again.  The person at the

        other end of the line was at first polite but when I asked him

        a question and  he went in the computer, he suddenly blurts out “I cant talk to you, I cant talk to you.”  He said “new notes

        say not to talk to you”.  When I asked if this is typical in a file, he said no and that we have to ask the DA office to ask why.

 

        Martinez comes to the house to pick up Nye’s eyeglasses.

 

 

Sept 26 Email to Kim, Victim’s Advocate, saying that there are conflicting information in the file and requesting to see what

        is in the file and to know what are the facts.   Kim also informed about the incidents that Ty was involved in, and reported what his parents did of stalking us on the evening

        of the incident, and that they were going to the neighbors

        houses to intimidate them.

         

 

Oct  9 I speak to Chief Deputy DA Rushton, referred by Kim.  He said

        he is familiar with the case.  DDA Rushton says that it

        was a mutual combat.  Then he says:   “surely you would not

        want to ruin someone’s life for having a mutual fight” – referring to Ty Reddish.  He says we have to petition for the copy of Lee’s statements from the detective.  He tells me to

        send him the affidavits from the other people. 

       

I send Jesse Martinez an email requesting for a copy of the statements by Lee Frank.  No response from Mr. Martinez. 

 

Oct 15  Email to Kim asking what are the rights of victims, asking for information regarding Lee’s statements and the coroner’s report.

 

 

Oct 17  I read a police manual about how to tell if a victim was strangled and how often strangulation is unidentified in many

        police cases.  I forward a copy of the police manual to Kim

        and to Det. Martinez with the request for him to read the

        report.

       

 

Oct 18  I send an email to Elizabeth Denny of the Riverside

        Sheriff-Coroner Dept expressing my concern that the DA was

        trying to change the report on Nye.

 

Oct 19  Nye’s case is formally closed by the DA as exceptional(We were not informed of this.  We came to know of it only after we received a copy of the Police Report in Dec 2007).  I

        understand that there are 4 requirements to close a case

        administratively – this case does not fall within those requirements.  At this point, we still do not know what the

        file says and what Nye is accused of.

 

Nov 13  Met with DDA Michael Rushton to read the autopsy report.  

        DDA Rushton said that the report proves that Nye died of a heart attack.  When I read the report, and pointed out certain items from the report showing that Nye was strangled (since I had

        read the Police Manual on strangulation), he showed some shock that I knew what I was reading.  He said that was

        certainly the case but the reason they did not prosecute was because there was no evidence who threw the first punch and therefore they concluded that it was a fight between two men.  

 

While reading the report, I noticed that the police did a drug test on Nye.  I asked if the same was done on Ty. DDA Rushton first stated that he is sure it was done but when asked where

it is in the report, he said he did not know. He said he will find out.  I insisted he find out right there and then so he stood up to make a call.  When he came back, he told me: “I am sure you know already the answer to your question.  A drug test was NOT done on Ty.” DDA Rushton said that it is the officer’s call to decide if a drug test is to be done.

 

When asked if he had read the letters and affidavits concerning Ty, first he said yes.  I said I can hardly believe that you

can come to that conclusion after reading the affidavits.  He

pointed to the book.  I asked to open it to see the letters in

it but found that the letters and affidavits were not in the

file! I was offended by this information and told him so.

 

I told him we have made many attempts to get the reports but until today we do not have a copy.  When told that we do not

have a copy of the police report and the autopsy report,  DA Rushton said that he does not see why we cannot get it.  He directed the Victims Advocate to help us get the reports.  At this meeting, we were told that Mom cannot have victim’s funds because it was a mutual combat.

 

 

It is in this meeting that for the 1^st time, I was given the Victim’s manual (3 months after the incident and despite

repeated requests)

 

Nov 15  Lee prepares a notarized letter authorizing me to get a copy

        of the police report and autopsy report.

 

                   Both Lee and I go to the Banning Police Department to get the report.  The    Banning Police Dept said that the report is not with them.  They     said that it is with the Cabazon Police Department.  I proceed to Cabazon Police   and speak to Willene Garcia, the Records Supervisor.  Willene at first was hostile.  She said “you are just a stepdaughter”, despite being shown

                   the notarized power of attorney.  I told her that mom is over

                   70, has asthma and is tired.  When asked if she had seen a victim’s manual before, Willene said no.   When told that it

                   is the victim’s right to have a copy of the report,  she said that she will give me copy but with the information blacked

                   out.

 

Nov 16  I email Kim relating to her what happened the previous day.

 

Nov 26  Lee sent a 2^nd request to the Riverside County Sheriff

requesting for the coroner’s report including autopsy and toxicology reports together with a money order for $15 for the reports informing them that this request was being made after

we were informed by DDA Rushton that we can get the reports.

 

Dec 3   I sent an email to Kim requesting that the case be transferred

        to another DA office for the reason of mishandling and gross misconduct.  No response from Kim.

 

 

Dec 4   I sent Kim an email formally requesting that the case be heard

        by a grand jury.  Kim replies that she forwarded the email to Michael Rushton and that he will respond formally to our

        request.

                                                

 

Dec 7   Willene of Cabazon Police Dept called me to say that only

        Lee can pick up the police report not a representative.

        Willene said Mom had to bring identification to  prove she was Nye’s wife.  

 

        When asked for a copy of the taped recording of her statement (which Schultz and Wilhelm said her statements were recorded),  Willene said that they do NOT do tape recordings.

 

        Lee picks up copy of police report. A neighbor drives her to

        the station as it was snowing and raining.  Please note that

        it is now 4 months since the incident when we get a copy of the police report.

 

 

Dec 12  DDA Rushton replied to our request for a grand jury

        investigation saying that the grand jury is a separate entity from the Office of the District Attorney and that they do not share their files with the grand jury. 

 

Dec 14  I got a call from a news reporter saying that he wanted to interview us because he felt we had a story.  A few neighbors

        had asked news people to write about what really happened.  By this time, we’ve had at least 2 come and interview us but no story came out since their editors would not publish the story.  This time, the call came from Jose Arballo of the Press Enterprise.  He mentions he has the autopsy report. I asked

        him if he would fax it.  He sends the report by fax

        (see fax# on receipt confirmation & online confirmation that it is a fax# of the Press Enterprise).  We asked how he got it

        and he said newspapermen privilege. 

 

 

Dec 27 Press Enterprise comes out with a news article on Nye’s case.  This has fist fight and heart attack in the story despite

        having a copy of the autopsy saying that there was no heart attack.  When I asked him in an email why he put fist fight,

        Jose replied in his email that his editor had put that in.

 

2008   

Jan 7   I show the coroners report to Dr. Turlea, retired doctor who

        also did CPR on Nye.  He very methodically goes over the coroner’s report item by item, with Lee’s statement about the incident side-by-side.  He concludes that:

 

a)      every statement of Lee coincided with the findings on Nye

   as described in the report. 

b)      Nye did not die of a heart attack. There was no blockage at all.

c)      The cause of death as stated in the report IS a CONDITION

not the cause of death. 

 

I call the National Organization of Victims Advocates (NOVA)

and asked for their help to get the records on Nye’s

case.  They said they will call the Riverside County Sheriff/Coroner office and the Riverside County District Attorney.

                                                                              

Jan 10  I receive a call from a certain Mr Patrick Williams of the

        Administrative Investigation Unit of the Sheriff’s office.  He says that Nye’s case has been moved to the AIU.  He gives us

        the name of Andre O’harra as the person where the request for records is to be sent.

 

Jan 12  I formally send out letter-requests to the Sheriff’s Department (Records) for a copy of various items mentioned in the police report.  I also sent same request to the Administrative Investigation Unit.

 

Jan 14  I email Kim requesting for information who is the presiding

        judge on Ty’s probation and copy of minutes  when he was released.

 

Jan 15  I formally send out letters to judges cc: the DA, Probation

        Dept and Admin Investigation unit reporting probation

        violations by Ty.   No response from the DA, Admin Unit.  I

        did receive a response from Judge Fields (see below)

 

Jan 25  I pick up records of the case from the Admin Investigation Unit (transcripts, CDs, reports) – please note it is now 5 months after the incident – and it is only now that we get a copy of

        the coroner’s report and the transcripts.  Listening to the

        audio recordings of the interview of Philip Reddish (Ty’s

        father) by Detective Martinez confirms my suspicion of the alleged corruption and conspiracy in this case. 

        Philip Reddish very clearly says in his interview that before

        the interview, he called his former student Brian Floyd, ex-

        deputy of DA Rod Pacheco when the latter was an assemblyman.

        In this interview, Philip goes on to say that Brian Floyd told

        him what to say and how the case was going to play out as

        mutual combat.  He tells Det. Martinez to tell Ty that a

        lawyer to be sent by Brian Floyd will be seeing him. 

 

        The video recording of the interview of Ty in the police

        station shows Ty bending down (away from the camera on top)

         

        and saying the 2 jujitsu moves he did on the “old guy”. The 2

        police officers then laugh with him.

 

 

Mar  5  I send another email request to the Admin Investigation Unit

        for: a) pictures and negatives of all photographs of each

        injury as numbered taken of Nye; and b) xrays of Nye taken by

        the coroner

 

Mar 6   Mr. Andre Oharra of AIU responds by email saying they cannot provide the information requested for the reason that “it falls outside of public records disclosure requirements”

 

Mar 13  I received letter from Judge Fields in reply to my letter about Ty’s probation stating that it is not legally proper for the

        Court to receive correspondence on a case without notice to

        the party involved and suggesting that I notify the DA office.

        (I had notified the DA office, the sheriff’s office about Ty

        violating probation but I did not get any response).

 

 

Mar 26  Lee and I formally file a claim for damages against the

        Riverside Sheriff and Coroner Department

 

Apr 4   Lee and I formally file a citizen’s complaint with the

        Riverside Coroner’s Office 

 

 

Apr 14  Lee and I formally file a citizen’s complaint with the

        Riverside Sheriff’s Department

 

 

 

 

June 5  Sheriff-Coroner letter informs us that their investigation of

        our complaint was completed and that our allegation of a

        cover-up was unfounded. 

 

July 21 Email to Kim about DA Pacheco getting award for elder advocacy.  I ask her why she has told me repeatedly that the DA does NOT have an elder advocate and then Pacheco gets an “award”!!

 

July 31 I email Kim that I found out Rushton is now a judge and asking her if she will join him.  Kim responds back saying she is quitting the DA office.

 

Aug 2   Lee formally sends a request to the Victims Compensation Board

        for victim’s funds

 

Oct 23  Victims Compensation Board denies request

 

May I further state that my mom has lived in the area for 30 years but

because of the harassment from the Reddishes, nobody has visited     her. Moreover, they stare and stand at the corner in front of the

mailboxes.  The isolation and intimidation has caused deterioration to her health that she is now on oxygen.  It is very stressful and scary

for her as she saw Ty choking Nye even while he was passed out.

 

 

We have in our hand over 1500 signed petitions to the Attorney General

for the opening of the case.

 

February 24, 2009, Torrance, CA.

 

 

 

                                     Dawana Breedlove-Samimi

 

State of California     )

County of Los Angeles   ) ss.

 

On ______________________ before me, _________________________________

personally appeared ___________________________________

proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument and acknowledged to

me that she has executed the same in her authorized capacity, and that

by her signature on the instrument executed the instrument.

 

Witness my hand and official seal.