An Open Letter / Appeal To FBI Special Agent Aleksandra Kobzants
Dear Mr. Kobzanets,
My name is Joseph (Tony) Ciampi. You appeared to have investigated a complaint of mine that I made two years ago about the Palo Alto Police falsifying videos to cover up their unlawful taser assault of me under color of authority.
I wanted you to know that my allegations were and are true.
I am contacting you hoping that you would help me obtain the original, unadulterated videos.
You will find my Declaration attached to this email regarding a Motion I filed yesterday to Compel the PAPD to produce the missing video footage among other things which verifies my allegations. You can find the entire Motion along with the Exhibits on the Federal Court’s Website PACER system, https://ecf.cand.uscourts.gov/cgi-bin/login.pl, under case No. 5:09-cv-02655-LHK Ciampi v. City of Palo Alto, et al
Summary of Evidence:
- On July 12, 2010 Police Chief Burns stated that taser camera V06-015542 does not exist.
- On July 12, 2010 Police Chief Burns stated that taser camera V07-065373 recorded the incident and is the taser camera isuued to Burger when the incident happened and is the taser camera he took into possession to which he in turn sent to the Santa Clara Crime Lab.
- On September 3, 2010 Police Chief Burns stated that taser camera V06-015542 is the taser camera that recorded the incident and that he cannot find taser camera V07-065373.
- The Santa Clara County Crime Lab has verified that video footage is missing from both Temores’ and Burger’s taser videos.
- The PAPD asserts that only one taser gun fired two probes, however Officer Burger verified with the Paramedics at the scene that there were four probes from two firings.
- Three probes are visible at the scene.
- Officer Temores claims that his taser cartridge broke, yet the PAPD never secured it into evidence in violation of PAPD policy and now states that they threw Temores’ taser cartridge away.
- They took a picture of Burger’s broken sunglasses. They took a picture of Wagner’s broken bicycle helmet. They took a picture of all the blood on Temores’ taser gun but the PAPD did not take a picture of Temores’ broken taser cartridge.
- Officer Burger claims to have fired his taser gun while I was facing him, however I had two puncture wounds, one to my arm and one to my buttocks. I could not have received a puncture wound to my buttocks from Officer Burger’s taser probes.
- There were two firings of taser probes, however there is only video footage of one taser firing on the videos, including Temores’ MAV videos.
- The electrically charged taser wire is visible prior to any taser gun being fired indicating that the videos are not in chronological order.
- The PAPD has created at least two edited versions of Temores’ MAV video with different amounts of memory and dates of last modification to the video files.
- The PAPD has not produced a copy of Temores’ MAV video that has a date of last modification of March 15, 2008, the date that the video was created even though they falsely claimed to have sent me one in their latest Discovery response.
You can verify that twenty to thirty seconds are missing from Temores’ MAV video by simply obtaining the “real” time radio communications recording from the day of the incident and comparing the elapsed time between the two fixed points when Officer Wagner states, “Code 22” and “Suspect in Custody, been tased twice,” on the radio communications’ recording and Officer Burger’s MAV recording. I have repeatedly asked for the “real” time radio communications recording, however the PAPD refuses to provide it to me.
Should you take my allegations seriously, I can provide you with more evidence which substantiates my allegations including how Officer Burger first fired his taser gun at me which is not portrayed in either of his taser video nor Temores’ MAV video.
To give you an idea, if you go to the 10:22:38 mark of Burger’s MAV audio, you can hear me state, “Had my hands up the whole time (trying) to make a phone call.” Why would I be stating this eleven minutes after being shot by Burger when this is not seen on any of the videos.
At the 10:16:37 mark of Temores’ MAV video Officer Wagner puts her hands up in the air next to her head as she describes to Sgt. Powers what I was doing when Burger shot me.
Despite all of the evidence, I don’t expect the Court to grant my Motion as everyone is doing his and or her best to cover up the fact that the PAPD falsified the videos.
I’m not asking you to prosecute the officers, but I do believe my allegations would merit a thorough investigation, which would include obtaining the original Data Ports and taser cameras and recovering the deleted/overwritten video and data files.
It is not right, it is not just and it is antithetical to every value that America and American Justice stands for to allow the PAPD to falsely portray what happened on March 15, 2008 with their falsified video and simultaneously deny me the ability to present the unedited and unadulterated videos that convey the truth.
Please allow me to present the truth.
You are probably my last opportunity of obtaining the original videos.
You and your department have the ability to recover the original video files from the taser cameras within a few days of initiating an investigation.
I believe you have a forensic lab right here in Menlo Park that can recover the deleted video files. All I am asking is to be able to present the truth to the Judge and jury.
To do that, I would need the original videos before the end of October in order to submit the videos into the case prior to the Discovery cutoff deadline of November 5, 2010.
Up to now I have to assume that you have based your investigation upon a fabrication and not the facts. If you want to know what actually occurred on March 15, 2008, the facts are retained on Temores’ and Burger’s taser guns’ Data Ports and on the original, unadulterated video files from the taser cameras and MAV hard drives.
It is a fact that the PAPD edited and falsified the videos, so the question is why was it necessary for the PAPD to edit the videos given the video footage. Why did the PAPD need to falsify the videos? What is it that the PAPD does not want a Judge, a jury and the public to see?
As you can see I have copied this email to several people so that you would know that there are many who want the truth revealed and justice served not just me.
I thank you for any help you might provide.
P.O. Box 1681
Palo Alto, Ca 94302
A Palo Alto police office was involved in an audio accident while in his patrol car. His MAV system did not record the crash because he forgot to turn it on.
The officer stated that he had his emergency lights on when the crash occurred and according to the specifications of the MAV system, the video automatically comes on when the emergency lights come on.
In my incident, the batteries to Temores’ microphone did not work, and therefore he did not record any audio. Yet fully charged batteries will power the microphone for 8 to 10 continuous hours.
In another taser incident documented in the Independent Police Auditor’s report an officer’s taser camera failed to record the incident because he did not update the software. Shouldn’t the cameras continue to function with the old software
In the Jorge Hernandez case several years ago, the PAPD recorded only half of his interrogation eliciting false confessions from a naïve young man. The actual perpetrator was recently arrested.