Wiccan Harassed By Grand Traverse Sheriff Department

Greetings,

I want to share my experience with them in hope you will help me receive justice and let others know that they are not alone. I have been doing research and have learned the police abusing their power has become increasingly frequent, yet they are not held responsible for their action. Although telling has not been easy, it worth keeping the wound open in order to reach out to the others it has happened to and to help it from happening again. I have documentation not only for my complaints against the Grand Traverse Sheriff Department and Phillips Settles, but the medical documentation proving the physical and emotional damage it has caused me.

On October 18, 2006, I was driving home from my job at a small factory. I was pulled over by a deputy sheriff, who refused to tell me why he stopped me or to tell me his name. He ordered me from my car and began searching it. He dug my purse out of the back seat of my car and went through it. In the bottom of the side pocket, he found my athame set. Athames are ritual daggers used for directing energy in the Wiccan and Pagan religions. Mine were two small decorative daggers; the largest was 21/2 inches, including the hilt. Without telling me why, he arrested me. At the jail, he told me I was stopped because I was swerving and I was arrested for felony-concealed weapon. He led me inside and turned me over the deputies behind the desk. Even though there were female deputies on duty, I was searched by male deputy. He asked me questions until the other deputy behind the desk went to do other things. He then insisted on searching me again. Only this time, he groped my breasts and groin. When the deputy behind the desk came back into view, he immediately stopped and stepped away from me. I was placed in a hallway. The stress of the situation caused an asthma attack. When it first started, I asked for my inhaler, which was in the pocket of my purse. They denied me access. The attack became severe to the point I vomited and urinated on myself. They ignored my requests for my medication. Eventually, they gave me access, but not before damage was done to my lungs. Later, I was photographed and fingerprinted by another male deputy, who also groped my breasts and called it a search. He only stopped when another deputy came into his line of sight. My bond was set, but when my representative called to find out where to pay it, the deputy who answered the phone discouraged him from immediately paying, saying that I would be going before the judge at 2pm and it would be reduced. My paper work was never processed and I didn’t go before the judge until the next day. When my representative didn’t hear from me by 3 pm, he went to the courthouse and searched for the proper place to pay the bond. Still I was held until after 5:30. The next day at the courthouse, I sat next to a man who told me the deputies were teaching me a lesson. His name is Timothy Jon Smith; the phone number he gave me is 258-1493. Why they would want to teach me a lesson I don't know; I have never really and any contact with them on or off duty. The only thing I could think of was that about a month earlier I was at the Pagan Pride Day in Grand Rapids. There was a rumor that the officers on duty were writing down license plate numbers. The deputies involve were very good about keeping behind me and concealing their names. This was not the first time they had done this to someone. Nor was I able to learn the arresting officer's name until after I received a copy of the arrest report. It was then that I learned that it was Justin Revnell.
I asked for a court appointed lawyer. Phillip Settles of Acme was assigned. From the beginning, he refused to push the religious aspects of the case and the civil rights violations, nor did he want to hear about the assaults or the medical neglect. His position was that it didn’t matter their size or the reason I had them. Instead, he did his best to make me fear for my safety. I wanted to file a complaint against the Sheriff Department immediately. Mr. Settles told me that not only wasn’t it safe, but it would do no good. He told me that in spite my clean record, nor had I even thought of hurting anyone, if the case went to trial, I would be convicted and sentenced to five years in prison. During the preliminary hearing, he got Revnell to admit he didn’t have permission to search my purse, nor did he ask for my athames to be presented into evidence at the hearing. Both were just cause for the case to be dismissed, yet Mr. Settles said nothing. Mr. Settles filed two motions on my behalf; however, they weren't well researched and were very superficial. There are two recent cases he could have used; one was not only directly on point, but was a Michigan case. Eventually he persuaded me to accept a plea bargain of a misdemeanor. I don’t know if Mr. Settles was incompetent, lazy or working for the other side, but he wasn’t working on my behalf. One thing I found puzzling. The only people I mentioned suiting to was the deputies, yet on our first meeting Mr. Settles immediately told me that he couldn't represent me in a civil suit.
If you compare the arrest report with the transcript of the preliminary hearing, you will find many discrepancies. First and foremost, I didn’t volunteer the information about my athames. I honestly answered the deputy's question. Secondly, I didn’t give him permission to search my car or my purse. There was no reason for him to do so. I was being cooperative. In the report, he photocopied my athames without anything for scale or perspective, because he enlarged them. The images shown in the report wouldn’t have even fit in the pocket of my purse. I have signed statements from friends with their contact information, stating the actual appearance of my athames. Revnell also stated under oath that they were easily accessible and that I used them for self-defense. My athames were in the bottom of the pocket of my purse, which was buried beneath two jackets and a blanket on the floor of the back seat of my car. In order for me to use them for self-defense, I would have to ask the attacker to wait until I search not only for my purse but for my athames as well. In addition, the blade was so thin, it would have snapped off at impact.
On February 17, 2007, I finally got the courage to file a complaint. Instead of going to the office, I sent it certified return receipt to Sheriff Fewins and Alan Schnerder. I never heard from Mr. Schnerder and it wasn’t until the first week in March that I heard from the Sheriff’s department. Captain Dave Meachum called me and said they were going to investigate my complaint either in house or through another department. Two days later, I received a phone call from Detective Kevin Gay of the Traverse City Police Department; his badge number is 299. March 5, he and a member of the TC police departments Internal Affairs interviewed me. I answered all their questions both then and sense to the best of my ability, yet nothing has been done. I have questions, yet they refuse to give me any answers. The incident report number is 781-7281-07. Since then I’ve heard rumors of a couple of deputies bragging that the “witch deserved it” and that investigation was taken care of. May 18, Detective Gay called and told me he could find no basis for my complaints. Since I had waited to file the sexual assault complaint and since I didn’t stress it, he didn’t believe it happened. Many women not only wait, but some never report at all. In November when I talked to the councilor at the Women’s Resource Center, I talked about the sexual elements of the search. I also told several friends who are experienced therapists. I didn’t stress the sexual assault because it stemmed from the civil rights violations and frankly, it’s easier to heal from being groped than from suffocating to death from an asthma attack. Detective Gay has closed the case and once again the Grand Traverse Sheriff Department is getting away it.
After doing research, I realized just how inadequate my defense was. I sent a letter of complaint to Mr. Settles. He responded by repeating many of the same statements he made before, but never addressed my core complaints. I have also filed a formal complaint with the Attorney Grievance Commission and the Attorney General Office.
I have been physically, emotionally and financially harmed. The asthma attack caused damage to my lunge that is still causing me pain when I breathe. In November, I was diagnosised with PTS. The panic attacks were made worse by the continuing harassment. On November 30, I was pulled over for illegal beeping. On other occasions, I was followed from my job. On March 5, a patrol car followed me a car length and half for miles on the icy roads. If I had to stop for any reason, he would have rear-ended me. The harassment made it difficult for me to leave my home for months afterwards. For months, I was unable to function on anything more than a basic level. The moment I had in October, promoting my novels vanished. Continuing absences because of panic attacks and being unable to breathe nearly cost me my job and my home.
I am asking you to help me receive justice for the harm done to me and the others who have been harassed by the Grand Traverse Sheriff Department. Help me bring the blue wall down so that we can get ethical officers working in our community. If you have