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Office of the District Attorney
300 N. Flower Street
Santa Ana, California 92703
(714) 834-3600
RE: COMPLAINT LETTER
Respectfully,
This letter serves as a formal complaint against Michelle L. Hinig (hereinafter “Hinig” or “Defendant”) who, upon my information and belief, was a Police Officer with the Irvine Police Department. I send this letter to your office pursuant to your commitment to champion for justice and the rule of law in Orange County.
My complaint is based on an event that occurred on January 25, 2020 at the Hoag Memorial Hospital Presbyterian. I was physically assaulted by an individual named Herbert Conrad, who stole my phone from the hospital’s ER lobby and pushed me until I fell. However, when the Defendant came, he wrote erroneous allegations in the Police Report, without considering the video surveillance at the hospital.
Consequently, on or about the 10th of March 2020, I was charged based on the false report and was prosecuted by the Orange County DA. In the pendency of the case, I made several attempts to challenge the prosecution. For instance, I wrote letters to Todd Spritzer at the DA’s Regional Office at the Harbor Justice Center, with a specific request to view the footage of the hospital surveillance to ascertain that the allegations against me in the police report was utterly false. I made formal requests to Mike Hamel, the former Irvine Police Chief, to obtain the Defendant’s Declaration in Support of Arrest warrant made under CCP 2015.5, in a bid to have evidence of the Defendant’s false allegations. Interestingly, I was given a copy of the report only after the case was dismissed by the Court.
In light of the foregoing, I aver that the Defendant and his superiors including former Chief of police Mike Hamel should be held liable for the Defendant’s actions and/or inactions. The Defendant violated Penal Code 118.1, which states in pertinent part that:
(a) Every peace officer who, in their capacity as a peace officer, knowingly and intentionally makes, or causes to be made, any material statement in a peace officer report, or to another peace officer and the statement is included in a peace officer report, regarding the commission or investigation of any crime, knowing the statement to be false, is guilty of filing a false report, punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. (Emphasis added).
Further, I aver that my due process rights were violated by the Defendant’s actions and/or inactions alleged hereinabove. Notably, 42 USC 1983 was violated when I was prosecuted without the Prosecution considering the evidence from the hospital’s surveillance. I was further denied my due process rights when I was denied access to the report, which was only given when the case was dismissed. It is also trite law that every person has the right of an individual to be free from unjustifiable litigation or criminal prosecution. In that regard, I was maliciously prosecuted when I was charged based on the false report.
In light of the foregoing, the Defendant and her superiors should be held liable for the aforesaid reasons.
Thank you for your prompt consideration of this matter.
Sincerely,
__________________
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