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Hon. Linda S. Mark
Central Justice Center
700 Civic Center Drive West
Santa Ana, CA 92701
RE: CRIMINAL COMPLAINT
Respectfully,
Your Honor, this letter serves as a formal criminal complaint against Michelle L. Hinig (hereinafter “Hinig” or “Defendant”) who, upon my information and belief, was a Police Officer with the Irvine Police Department. Defendant’s superiors, including former Chief of police Mike Hamel, and Sergeant – Detective Sean Paul Crawford of Badge No. 363, should also be held liable under the doctrine of respondeat superior, for the Defendant’s actions and/or inactions.
The subject matter of this Complaint began on or about the 10th of March 2020, within the territorial limits of the county of Irvine, California. Your Honor, tThe Defendant knowingly and intentionally made a false report concerning an incidence that happened at the Hoag Memorial Hospital Presbyterian. The Defendant wrote the said report in violation of 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).
As a result of the said fabricated report, I was prosecuted by the Orange County DA. I made several attempts to challenge the prosecution. For instance, I wrote letters to Todd Spritzer at the DA’s main and 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. Interestingly, the case against me was dismissed, which shows how I was subjected to malicious prosecution.
Your Honor, iIt is also worth noting that in the pendency of the case against me, I made formal requests to Irvine Police Department Records when Mike Hamel was 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 fabricated allegations. I was only given a copy of the report after the case was dismissed. This amounts to a violation of my due process rights that are guaranteed under the Constitution. Accordingly, I aver that my rights under 42 USC 1983 were 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. Further, It is 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,
__________________
[Enter Your Name]
C/C to:
Mayor Farrah N. Khan
One Civic Center
Irvine CA
Michael Hamel
Former Irvine Police Chief
One Civic Center
Irvine CA (I’m sending to police station since I don’t know how to s Hme address)
Sean Paul Crawford Badge #363
Sergeant – Detective
1 Civic Center Plaza Irvine CA 92606-5207
Orange County
Todd spitzer
District Attorney
300 Flower St.
Santa Ana.
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