Letter to the US Department of Justice Re the Anchorage Police Department

The following letters will be sent tomorrow to the Civil Rights Division of the US Department of Justice. If I get any response I will notify you.

Malia Litman

address

phone

private e-mail

malialitman.wordpress.com

Criminal Section

Civil Rights Division

US Department of Justice

PO Box 66018

Washington D.C. 20035-6018

Coordination and Review Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66560

Washington, D.C. 20035-6560

May 29, 2011

Re: Misconduct of the Anchorage Police Department

To: The Civil Rights Division of the U.S. Justice Department

My name is Malia Litman. I am a retired attorney, an author, and I write a blog every day at malialitman.wordpress.com. My blog is devoted to revealing the truth about Sarah Palin. Many people around the country are concerned about the corruption that appears to exist in Alaska, and particularly that associated with Sarah Palin. In 18 months I have had over 820,000 views on the blog which is a testament to the number of concerned citizens. The largest audience of the blog seems to be from Alaska.

As established by the ethics bi-partisan committee in the Troopergate matter,  Sarah Palin has been proved to have acted unethically and used her position to bring impermissible pressure on state employees. Even though she quit her job as Governor, we now have proof that that she continues to use State agencies, and the Anchorage Police Department in particular, to “advance a personal agenda.” In this case it is to discredit a story appearing in the National Enquirer suggesting that her husband, Todd, utilized the sexual services of a prostitute by the name of Shailey Tripp.

It is my understanding that pursuant to 18 USC 241.242 it is a crime for:

“ one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). “Color of law” simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts “under color of law” even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include … the intentional fabrication of evidence resulting in a loss of liberty to another.”

Pursuant to the provisions of 42 USC 14141 it is unlawful for “State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of a right protected by the Constitution or laws of the United States.”

As set forth below, Anchorage Police Department, Sarah Palin, and her attorney John Timessen have conspired to intentionally fabricate evidence, and or to discredit evidence, resulting in a loss of liberty to Shailey Tripp. Shailey Tripp has a Constitutional Right to Due Process which includes not having the Anchorage Police Department bear false witness against her. Moreover, the citizens of Alaska and the United States as a whole, have a Constitutional Right to obtain the facts about candidates for political  office, especially one who may run for the presidency, unimpeded by State Law Enforcement Officials.

The National Enquirer broke a story, indicating that Todd Palin was “caught up in a sleazy sex scandal.” The indication was that Todd Palin had sex with a prostitute, Shailey Tripp.  Shailey Tripp was arrested in March of 2010 and charged with running a house of prostitution, and she pled “no contest.” Thus there appeared to be no question that Ms. Tripp was involved in prostitution. The only real question was whether Todd Palin was involved. The police records referred to an informant, by name, who called in the complaint, and identified him by name.

The original story was reported by the National Enquirer on Jan 21, 2011. Sarah and Todd Palin failed to respond to the allegations for days. No Twitter response or Facebook post was made. Four days later, on Jan 25th, 2011 the Anchorage Police Department issued a “press release” to the National Enquirer which stated:

*None of the physical evidence examined by police showed any connection to Wasilla resident Todd Palin and his name did not appear in any of the records seized by APD.

*The investigation of the prostitution operation was initiated by Anchorage Police Department’s Vice Unit responding to internet advertisements, not through information developed from any tips or other persons.

*No rolodex was seized and taken into evidence.

“The National Enquirer has not contacted Anchorage Police Department Public Affairs Unit to fact check its story so their reported “call to Anchorage Police Department” could not have been returned.”

It seemed quite unusual for any police department to issue any “press release” about a pending investigation, to discuss evidence in their possession, especially as it pertains to a pending investigation. This “press release” was even more suspect because it was issued to the National Enquirer individually. According to Officer Dave Parker of the Anchorage Police Department, the press release, which he prepared and issued, was issued at the request of Sarah Palin’ attorney. The charges against Shailey Tripp for running a house of prostitution were still pending. This “press release” issued to the National Enquirer was created and and issued in an inconsistent method as compared to other “press releases” issued in the past by the APD. All other “press releases” that have been issued by the APD related to arrests or verdicts, and are listed in the “press release” section of the APD’s web site. The “press release” requested by Sarah Palin’s attorney was not listed on this web site. Certainly a”press release” issued to the National Enquirer by the APD would not be “in the ordinary course” of its business. Most of the taxpayers of Alaska do not pay the APD to comment on stories published in the National Enquirer.

Officer Dave Parker, the officer who wrote and issued the press release to the National Enquirer, didn’t limit his efforts to disparage Shailey Tripp and the National Enquirer story about Todd. He also voluntarily gave a statement to the NY Daily News saying:

“It was just guilt by innuendo, nothing else,” Lt. Dave Parker told the Daily News on Wednesday. “There’s not one scintilla of evidence that Todd Palin had anything to do with this.” Certainly a police officer giving an opinion about the persuasiveness of evidence collected in any pending case or investigation would be contrary to the ethical standards of most federal and state agencies.

The Enquirer claimed 36-year-old Shailey Tripp was arrested for maintaining a house of prostitution in March and that “cops” had confiscated physical evidence that could tie ex-Gov. Sarah Palin’s husband, Todd, to the alleged affair. The tabloid did not disclose when the alleged rendezvous took place or what evidence was seized by police. Of course we know that there was one “scintilla” of evidence which was the statement of Shailley Tripp. However the police’s own records unequivocally established that the “press release” issued by the APD to the National Enquirer was contrary to their own records, incorrect, misleading, and was issued to establish that the National Enquirer story was fabricated.

The “press release” issued the APD stated that the prostitution operation was “initiated by Anchorage Police Department’s Vice Unit responding to internet advertisements, not through information developed from any tips or other persons.” The records of the APD are replete with references to an informant, and actually identify him as William Fortier. His existence is important because the National Enquirer story indicated that the informant had seen Todd Palin coming and going from the house of prostitution, and to suggest that there was no informant would serve to disparage the credibility of Shailey Tripp, and would suggest that there was in fact no connection between Todd Palin and Shailey Tripp.

In the records filed in the District/Superior Court for the State of Alaska on March 4, 2010, Case No. 10-2448 In the matter of Shailey Tripp at page 3, there is a hand written reference to “Court notes” which states the following:

“ADP got call of potential prostitution ring at an office…”

In addition the Immoral minority blog has produced copies of what appear to be APD records which specifically identify “William Fortier” as the person who made the call advising the APD of the potential of a house of prostitution.

Additionally in a court record dated 3-4-10 the Court ordered Ms. Tripp as a condition of her release to not “associate with or contact directly or indirectly, the following persons: …or Mr. Fortier.” (pg. 2 of 3 signed by the Judge/Magistrate).

According to records of the APD #10-3948, Officer David Burns, with a “Reporting Date” of 1-24-10 pertaining to arrests made at 1601 Abbott Rd. # 204 for prostitution, listed certain items:

“Several items were seized during the search of the business. To include office documents, computers, office machines, unused condoms, used condoms, calendars and books with client phone numbers in them. Several photographs were taken during the search and after. …”

Additionally, in other documents produced in the court proceedings, as part of the “conditions of probation,” all items seized from Kashawn Thomas would not be returned. She would “forfeit items seized.” I understand that none of the “items seized” from Shailey Tripp have been returned.

Shailey Tripp has indicated in more than one statement that there was evidence of Todd Palin’s meetings with her that existed in the evidence seized by the Anchorage Police Department. Even if his name did not appear in the evidence examined, perhaps his name appeared in evidence that was seized but not “examined.” Cell phones were seized, but the police have not admitted to checking all the phone records to determine the identity of callers to Ms. Thomas and to Ms. Tripp? There is also no indication that any effort was made by the APD to determine if there was any connection between Shailey Tripp and Todd Palin which might have been evidenced by something on the lap top seized.

I attempted to contact Police Chief Mew of the Anchorage Police department by telephone, but received a message machine. In his place Officer Dave Parker of the Anchorage Police returned my phone call. Officer Parker confirmed that he is the person responsible for the Press Release issued to the National Enquirer. He explained that issuing press releases is part of his job as the “Public Information Officer.” He explained that the police department has a “Web Master” who determines the content of the web site. Mr. Parker never sent the National Enquirer Press Release to the Web Master for her consideration to include in the public web site. Again, this is further evidence that the “press release” issued to the National Enquirer was not issued in the ordinary course of business of the APD.

Officer Parker indicated in an interview with me that after the National Enquirer story involving Todd Palin and Shailey Tripp was published, the Anchorage Police Department was contacted by the attorney for Sarah Palin who he believed was Thomas Van Flein. Officer Parker called me back the next day to correct his statement. It was an attorney of Sarah Palin who contacted him, but it wasn’t ThomasVan Flein. The attorney asked them to review their records, and if there was not a mention of Todd Palin’s name, to then issue a press release accordingly. This task was given to Officer Dave Parker as the Public Information Officer.

Before issuing the press release, Dave Parker reviewed the records available to him regarding the arrest that were on his computer. Officer Parker reported to me in our phone interview that he spoke to Sergeant Cathy Lacy, and the Vice Squad. He also reviewed the paperwork that he perceived was the paperwork seized. He was not aware of, and did not review, “office calendars” but he did review “loose leaf” notebooks that contained client names and numbers. He thought that computers and cell phones were seized, but he admitted that he made no attempt to review any information on any of them, and to his knowledge no other officer of the APD had attempted to review anything on the cell phones and lap top seized. Thus if Todd Palin’s name or phone number appeared on the computer or the cell phones, he would not know. He didn’t mention any photography in the information reviewed. Of course if pages had been removed from the “loose leaf” notebooks, he would have no way of knowing about that.

There seemed to be some confusion about the case number on the computer he was using, and indicated he would need to do further checking and would call me back. He did call back and confirmed that there is a police number and a court case number.

Officer Parker confirmed that “ Officer Billiet” was the officer who had spoken with William Fortier when the initial call was made regarding possible prostitution activities. Dave Parker did not know about Officer Billiet’s involvement or his tip from William Fortier. Thus Dave Parker confirmed that he did not have all the information when he prepared the press release for the National Enquirer. Officer Parker confirmed that no attempt was made by him, and to his knowledge, by anyone with the Anchorage Police Department, to check the computer records or cell phone records of either Kashawn Thomas or Shailey Tripp. Thus if Todd Palin’s name appeared on the cell phone or lap top of Shailey Tripp, Officer Parker was not in a position to confirm or deny that. He did say that “Rabid” anti-Palin people might try to “conjure” something up. He did confirm that the cell phones and computer would be returned when both cases are closed, and that there would be no reason for any phone numbers or names to have been deleted.

In conclusion, the Press Release issued by the APD was inaccurate and misleading. The “evidence” seized, and “examined” by the APD did include cell phones and computers, but they were not “examined” to determine if the name of Todd Palin appeared on them. There WAS a call placed to the Anchorage Police Department that ultimately led to the arrest of Shailey Tripp and Kashawn Thomas. Officer Parker just didn’t have all the information available at the time he prepared and issued the press release to the National Enquirer.. I did personally ask that a retraction and/or modification of the press release to the National Enquirer be issued by the APD. In my phone call of Feb. 22, 2011 Officer Parker indicated that no retraction or modification would be issued. It has been three months since the APD was made aware of their misstatements, and no retraction or modification has been issued.

The use of this false “press release” by Sarah Palin was documented when she announced on Jan 27th, 2011 that the Anchorage Police have no evidence of any connection between Todd and Shailey Tripp. Sarah Palin didn’t say that there is no evidence in existence, but only that the police don’t have any. She doesn’t say that Todd never a relationship with Shailey Tripp, but that you should “ask Todd.” . Listen to her denial and reliance on the APD statement to vindicate her husband. 

Please give this matter your most urgent attention. Sarah Palin continues to dominate the headlines and is initiating a bus tour to promote herself as a potential contender for the presidency in 2012. Citizens of this country can only cast an informed vote if they are given accurate information about the candidates. Sarah Palin, her attorney John Timessen,and the Anchorage Police Department  have each conspired to discredit Shailey Tripp, and promote false information. The citizens of the United States, and Alaska in particular, deserve better.

Sincerely,

Malia Litman