(Note: John Vaughn was my Public Defender)
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**** LEO HIMMELSBACH, District Attorney CYNTHIS SEVELY, Deputy District Attorney County Government Center, West Wing 70 West Hedding Street San Jose, California 95110 Telephone: (408) 299-7400 Attorneys for Plaintiff IN THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA THE PEOPLE OF THE STATE OF CALIFORNIA, CSW 5936 Plaintiff, DECLARATION OF CYNTHIA A. SEVELY vs. JOHN DOE, Defendant. ______________________________________/ I, Cynthia A. Sevely hereby declare: I am the Deputy District Attorney assigned to prosecute this matter. I have received a copy of a discovery request by John Vaughn of the Public Defender's Office. Mr. Vaughn will need a copy of the search warrant, affidavit, and return as part of his discovery request. The search warrant, affidavit, and return were sealed at the request of Officer Bucky Harris, San Jose Police Department to protect the identities of the informants in the matter. I am requesting permission to give a copy of the search warrant, affidavit, and return from the San Jose Police - 1 - **** Page Break **** Department case file to distribute to John Vaughn. I am not requesting to unseal the search warrant because the San Jose Police Department does not wish the contents of the search warrant to be open for public inspection at this time. I have referred to this matter as John Doe in order to prevent any cross reference of the search warrant to the case filed against the defendant. I declare under penalty of perjury the foregoing is true and correct. Date: May 15, 1990
Note the small scam with the John Doe. Also note that John Vaughn, my public defender had access to the sealed document.
Also attached to this sealed document now is the motion that my private attorney made several years ago requesting that the documents be unsealed. That motion was denied. The documents remain sealed for a few more years at which point they were officially purged.
However, in May of 1995, I was told by my present attorney that I should have been allowed all along to personally view (but not copy) most of the copy of the sealed documents being held by my old Public Defender John Vaughn. My attorney then arranged with PD Vaughn for me to view a portion of those documents.
Nothing in the document that I saw had any reference to any "Confidential Informant" (meaning that I was not shown an important part of the sealed document). What I did see was about six pages of a generic essay by San Jose Police on how evil pedophile are and how well trained these police are at picking out who is one. There was about two paragraphs on me, including the line that "Mr. Webster wrote seven letters in response to the ad."
This last line indicates that P.D. Vaughn was lying to me to get me to accept a plea bargain when in July of that year, he told me that "There probably is no way that we can prove the existence of the missing letters." Only three of my eight letters were brought forth by police/prosecution in response to our motion of discovery.
A number of facts has led me to believe (80% certainty) that the following little scam was being run by the Fed's:
An "adult" BBS located in central Oregon (until I'm 100% sure I won't give the name) with literally thousands of legal x-rated pictures was coerced with threats of being shut down, into allowing an "Confidential Informant" to work as a sysop. A single digitized photo was then added to the BBS's photo collection with a vague description like "Young Girl gets f___ed". My memory is that it was a poor quality black & white photo (all the others were high quality color) with the subject possibly being a petite Filipino woman -- actually probably a fourteen year old girl, ie. kiddyporn.
The user/customer would of course not know what the picture was until he had downloaded it out of curiosity. But once he downloaded it, his name with address, phone number, and credit card would be entered into a list of people who, be the sworn statement of the Confidential Informant, had paid for (ie. paid for connect time) and taken possession of (ie. downloaded) kiddyporn. This list/database could then be used on demand to generate justification for search warrants which then would be sealed from public view since it contained the name of the confidential informant. These searches could be used individually or in "sweeps" to violate the constitutional rights of a politically incorrect class of citizens (ie. people who enjoy pornography).
I believe that I was in that list/database, and that that fact was used to justify the warranted search of my place, and the confiscation of my computer, etc. avoiding any detailed reference to the content of the letters or phone calls with "Barbara" that I might have been able to use in an appeal.
As you can see from the actual Search Warrant (in PDF format) it clearly is targeting kiddy porn, even though at no time during those calls with "Barbara" did I even hint that I had any child pornography. And of course none was found in the warranted search.
One of the facts that support the above scenario is that one of the "Confidential Informants" in my case was stated as being "a deputy working out of Eugene Oregon". All of the police or Federal agents that had any real part in the scam/sting that I had fallen into were in San Jose (police) or San Diego (US Postal Inspection Service). Also a few months after I was arrested there was an announcement in the newspapers about a Sweep for Child Pornography along the West Coast. Hundreds of homes were searched with warrants, with computers being taken and checked for child pornography. No doubt all the targeted people had signed up with that BBS and inadvertently downloaded that single kiddyporn. This then was used as justification for the search of their homes.
Sounds like "Unreasonable Search and Seizure" to me, I thought me had a Bill of Rights to protect us from this kind of Government abuse.
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