Nexus - 0220 - New Times Magazine-pages

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ment corruption was about to be offered. the California Civil Code 1812, S.A.M.P. Act, and nine counts of In January of 1988, without notice or warning, 13 armed, bullet- 487, theft under false pretences (fraud) involving nine ‘victims’. proof-vested deputics raided the research facility, stripping the The normal bail schedule for the offence he was charged with company of all its technology prototypes and records. They herd- — was $5,000, but Lee was held on the outrageous bail of a million ed all the employees into the conference room, photographing and _ dollars. This sent a very clear message to those working with him identifying them against their will before letting them go. __ that some huge power was being exercised here that wanted to Additionally, they took confidential papers on inventions sent in take him out of the way and to stop the project. It also sent the by outside inventors, none of which was authorised by the search = message, "Look out, this could be you.” Although he requested warrant. Five hundred secret papers, including personal drawings numerous bail revicws, Lee was kept in county jail for 10 months of an invention the head of research was working on, were 'stolen' awaiting trial. The investigating sergeant/arresting officer was at this raid. Officials denied ever taking them. However, eyewit- promoted to lieutenant not a month after his arrest, and put in nesses at the scene of the raid observed both pictures being taken _ charge of the jail Dennis was then in. While in jail, his company and a box of papers being removed before the search ‘officially’ was systematically destroyed by a group of men who appeared to began. These papers have never turned up. be working with the sheriff's office. Jail personnel attempted to Since a search warrant requires suspicion of acrime being com- __ tie Dennis's hands in preparing his case in every way possible. He mitted on the premises to be issued, it was issued on the basis of had to take his captors to court numerous times for violating his suspicion of a SAMP violation. If you were to ask, "What is a constitutional rights, including his right to privacy with his-ator- SAMP?", you would be in the very good company of 99% of ney and the reading of his legal mail. California lawyers. The S.A.M.P. Act—Seller's Assisted Unwilling to ‘roll over’, Dennis Lee entered thirteen pre-trial Marketing Plan Act—is a motions to dismiss the California civil code and is a charges against him, among little-known registration law, which was one for "gross rarely used, which has had : prosecutorial misconduct", one conviction in its history, Almost a year after his arrest, scientists and At this hearing it was and that was overturned on a * ¥ ) revealed, among other things, technicality. A spokesman for engineers overcame their fears and finally that Ventura officials had not the Attomey General's Office came forward to testify on Lee's behalf at only discriminatorily brought in Sacramento admitted that H . * this prosecution, but had there are probably hundreds of the Gross Prosecutorial Misconduct Hearing. failed to preserve material thousands of unprosecuted They testified that the technologies could witnesses, had directly threat- SAMP violators. The filing + . . ened material witnesses, had fee to register if you are a indeed do what Dennis had said they could... manufactured ‘victims’, and SAMP is minimal. Bottom had lied to 'victims' to create line, the SAMP Act is an a case against him. While obscure law in the arsenal of they held Lee in jail on corupt government to prevent excessive bail, a concerted ‘unfair competition’ with the big boys. Its wording is vague _ effort to strip him of any support or witnesses ensued. The head enough to be unconstitutional, but leaves law enforcement the lati- research scientist had been threatened, as well as others, and had tude to swing with it any way they choose. At the discretion of fled the area for fear of physical harm or reprisal. Salespcople had the judge it can have criminal sanctions (punishment). The nor- been threatened with as much as 60 years’ imprisonment on the mal procedure, if you are suspected of being a SAMP, is to receive SAMP violation. Employees—even mail clerks—were told they a waming letter to give you the opportunity to comply. It is obvi- had better not work for the company any more or they would be ous that even the government recognises by the issuance of this considered accomplices to the ‘crime’. ‘warning letter’ that it would be impossible for any normally con- People who had posted their homes as collateral for Lee's mil- scientious citizen to even know of the existence of this law. How _lion-dollar bail were lied to and threatened to get them to drop can someone be held responsible for a law they don't know exists? _ their collateral. The insurance company that would post the bond After the raid the municipal court judge, in an unusual move, _for the large bail changed the rules three times, and when all of the ordered the records to the case sealed. This is normally reserved requirements were met anyway, the D.A. entered a motion to for instances where an informant needs to be protected, for examine the source of bail. The motion was granted and Dennis instance in a drug case. Apparently the judge felt the officer who —_ Lee was not allowed to have any business associates post his bail. requested the search warrant, and his affidavit in support of it, The legal precedent used was that of a drug dealer who had sold needed to be hidden from public scrutiny. heroin to raise his bail. For six months they combed through the papers taken in the Almost a year after his arrest, scientists and engineers overcame raid. No charges were brought and no arrest seemed imminent. _ their fears and finally came forward to testify on Lee's behalf at Dennis did not flee, knowing he had committed no crime, but con- _ the Gross Prosecutorial Misconduct Hearing. They testified that tinued to work steadfastly on his project. Then in June 1988, the technologies could indced do what Dennis had said they could, when he planned to meet with his network in Los Angeles, and that they were the ones who had told him that. State witness- California, to announce they were ready to market one of the prod- _es, called ‘victims’, came to testify that they did not consider them- ucts, Ventura officers travelled out of jurisdiction to L.A. to arrest selves victims and they had told that to the sheriff's office when him. They couldn't wait any longer to strike. They knew if he they'd been questioned. One man made it clear that he hadn't began to market his product(s) there'd be too much exposure—too _ wanted to be part of pressing any charges against Dennis and had- much public knowledge—and there'd be no stopping him. He was __n't even realised he was party to any charges brought. In addition arrested in June of 1988 and charged with 38 counts of violating _to the 995 motion for gross prosecutorial misconduct, Dennis filed NEXUS 49 JUNE - JULY 1994