Freedom of Information Request – Jasper County Iowa- #001

20 December 2021

MEMORANDUM

From: Michael J. Merritt, USN Retired/Writer
PO BOX 294
Newton, IA 50208
(641)-840-9916

To: Doug Cupples, Jasper County Chairman
101 1st Street N
Room 203
Newton, IA 50208
641-792-7016

Denny Carpenter, Jasper County Vice-Chairman
101 1st Street N
Room 203
Newton, IA 50208
641-792-7016

Brandon Talsma, Jasper County Board Member
101 1st Street N
Room 203
Newton, IA 50208
641-792-7016

Scott Nicholson, Jasper County Attorney
114 West 3rd Street N
Newton, IA 50208
641-792-5010

Kim Reynolds, Governor of the State of Iowa
State Capitol
1007 East Grand Ave.
Des Moines, IA 50319
(515)-281-5211

Iowa Supreme Court Attorney Disciplinary Board
Iowa Judicial Branch Building
1111 East Court Avenue
Des Moines, Iowa 50319

Office of the Attorney General of Iowa
Hoover State Office Building
1305 E. Walnut Street
Des Moines, IA 50319
Phone: 515-281-5164
Fax: 515-281-4209

Office of Auditor of State
Room 111
State Capitol Building
Des Moines, Iowa 50319

Office of Ombudsman
Ola Babcock Miller Building
1112 East Grand
Des Moines, Iowa 50319

Meredith Levin
University of San Diego School of Law
5998 Alcala Park
Barcelona 305
San Diego, CA 92110
(619)-260-4600 

Subj: FREEDOM OF INFORMATION REQUEST – JASPER COUNTY IOWA

Ref: 1. THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552
2. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records)
3. Thirteenth Amendment to the Constitution of the United States of America
4. Fourteenth Amendment to the Constitution of the United States of America
5. 18 U.S.C. Chapter 119 Wire and Electronic Communications Interception and Interception of Oral Communications
6. 18 USC 2262: Interstate Violation of Protection Order
7. Iowa Code Title VI Human Services, Chapter 236 Domestic Abuse, Section 236.2(2)
8. Iowa Code Title VI Human Services, Chapter 236 Domestic Abuse, Section 236.19(2)
9. Iowa Code Title VI Human Services, Chapter 236 Domestic Abuse, Section 236.19(2)(a)
10. Iowa Code Title VI Human Services, Chapter 236 Domestic Abuse, Section 236.19(2)(b)
11. Iowa Code Title XVI Criminal Law and Procedure, Chapter 708 Assault, Section 708.1(2)
12. Iowa Rules of Professional Conduct Chapter 32, Section 8.4 Misconduct
13. Newton News. “Man Sends a Series of Harassing Text Messages.” Newton Daily News, 15 Nov. 2020, http://www.newtondailynews.com/…/man-sends-a…/a8r3nj5

Enc: 1. Newton Police Department – Iowa Incident Report – Case: 19-26175
2. Michael J. Merritt’s 26 A.U.G. 2019 Sworn Statement – Newton Police Department Case: 19-26175
3. Monica L. Speaks’ 03 S.E.P. 2019 Sworn Statement – Newton Police Department Case: 19-26175
4. Screenshots of Electronic-Based (SMS/MMS) Indirect Contact
5. San Diego East County Court 30 A.P.R. 2019 DV-109
6. San Diego East County Court 30 A.P.R. 2019 DV-110
7. San Diego East County Court 15 MAY 2019 DV-116/15 MAY 2019 Minutes of the Hearing
8. San Diego East County Court 05 JUN 2019 DV-116/05 JUN 2019 Minutes of the Hearing

1. Introduction

In the interactions the Author of this correspondence has had with Mr. Doug Cupples, Chairman of Jasper County, there has been nothing less than the utmost respect for this county leader that treats his fellow citizens with respect while leading with integrity and moral principles. This correspondence intends to shed light, provide evidence, and request records that may assist in showing further context regarding interactions with Jasper County personnel executing their responsibilities that do not meet the standards of Jasper County and the chain of events that evidence shows were allowed to continue due to the alleged negligence and inconsistent execution of the Jasper County Attorney’s office. The Author of this correspondence has committed 20 years of his life towards the defense of this nation. His sole motivation is the revelation of truth to help defend the rights of future parents in this county or any other in our United States of America.

2. Requested Information

(a.) All Jasper County end-user electronic mail, including attachments mentioning Michael Merritt, Michael J Merritt, Michael J. Merritt, and Michael James Merritt during 01 JAN 2019 at 0001 Local Time through 20 DEC 2021 at 2359 Local Time.

(b.) All Jasper County Iowa end-user electronic mail/attachments regarding Newton Police Department Iowa Incident Report 19-26175.

(c.) All Jasper County Iowa end-user electronic mail/attachments regarding Newton Police Department Iowa Incident Report 21-35193.

(d.) All Jasper County Iowa end-user electronic mail/attachments regarding Newton Police Department Iowa Incident Report 21-035520.

(e.) All Jasper County Iowa end-user electronic mail/attachments including the names Zachery Lambertus, Zachery M Lambertus, Zachery M. Lambertus, Zachery Milo Lambertus, Zach Lambertus, Zach M Lambertus, Zach M. Lambertus, Zach Milo Lambertus.

(f.) All Jasper County Iowa end-user electronic mail/attachments regarding STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case: 05501 SMAC015739 (JASPER).

(g.) All Jasper County Iowa end-user electronic mail/attachments regarding the corresponding Newton Police Department incident number related to STATE OF IOWA VS LAMBERTUS, ZACHERY MILO case 05501 SMAC015739 (JASPER).

(h.) All files downloaded via an internet connection by employees of Jasper County Iowa related to STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case: 05501 SMAC015739 (JASPER) or its corresponding Newton Police Department incident number. Software utilized to facilitate downloading of data includes but is not limited to:

  1. Internet web browser
  2. Electronic mail client (Outlook or other desktop/mobile software)
  3. A portal, application, or other internal/external interface utilized for the collection of files or other data uploaded by citizens that have filed a complaint. That are downloaded by employees of the City of Newton, employees of the Newton Police Department, or an automated system requiring internet access provided by the City of Newton.

(i.) The desired format of requested data: Thumb drive (at Jasper County published rate):

(j.) The originator of this request is not responsible for any costs generated by the production or organization of this data if the clerical, professional, clerical staff, legal fees, or any other required actions or cost exceed 10 hours or $1000 (whichever comes first) without prior coordination and approval from the originator of this request.

(k.) Distribution of Requested Data: Priority Mail sent to the originator of this request.

3. Purpose of Request

The Newton Police Department’s Iowa Incident Report 19-26175 documents alleged statement’s from the Jasper County Attorney’s office that appears to be misrepresentation/false information regarding the evidence they received from the Newton Police Department submitted initially by Michael J. Merritt.

The Newton Police Department was given a copy of the DV-109 issued by San Diego East County Court, Michael J. Merritt’s sworn statement, Monica L. Speaks sworn statement, and screenshots of SMS/MMS messages showing evidence of a violation of the 30 APR 2019 order. This evidence included the individual’s phone number associated with the restrained party while coordinating a transfer of custody of children involved in San Diego East County Court Case: ED100465. The Newton, IA Police Department was also provided screenshots of messages Monica L. Speaks received from a minor directly involved in this situation identifying the party and their association to the restrained party that initiated the unwanted and unsolicited contact reported by Michael J. Merritt.

Michael J. Merritt’s DV-109 issued by San Diego East County Court documents in paragraph 6(a.) that he was protected from unwanted direct or indirect contact from the restrained party. DV-116 forms San Diego East County Court issued on 15 MAY 2019, and 05 JUN 2019 show Michael J. Merritt’s restraining order was in effect through 31 OCT 2019. The ethical capacity of the Jasper County Attorney’s handling of this case is further called into question when comparing it to the outcome of STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case: 05501 SMAC015739 (JASPER). The Newton Daily News documents in an article dated 03 SEP 2020 titled “Man sends a series of harassing text messages” that this case included similar evidence, electronic-based contact (SMS/MMS) with a protected party, and executed behavior by a restrained party. When considering that evidence of electronic-based (SMS/MMS) messages were regarded as insufficient evidence in Newton, IA Police Department Case: 19-26175 by the Jasper County Attorney and sufficient evidence leading to prosecution in STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case: 05501 SMAC015739 (JASPER), it provides compelling evidence of the prejudicial practice of law under Iowa Code by the Jasper County Attorney’s Office as well as prejudicial enforcement of the law under Iowa Code by the Newton, IA Police Department.

Custody of Michael J. Merritt’s children (as discussed in the evidence given to the Newton, IA Police Department for case: 19-26175) was transferred to Matthew E. Merritt and Sara N. Merritt of **** ******** *** Ames, IA 50010 in August 2019 when this restraining order violation was reported to the Newton, IA Police Department. School documents from Ames High School and recent statements made by Claudia J. Bergman (formerly known as Claudia J. Merritt (restrained party) verified the state residency and guardianship of ***** *. ******* and ******* *. ******* from August 2019 – February 2020. San Diego East County Court did not authorize this transfer of custody, nor was it mediated or documented on any court documents. This unauthorized transfer of custody (concealed from San Diego East County Court) during this restraining order violation that the Jasper County Attorney failed to handle in the same manner as STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case: 05501 SMAC015739 (JASPER) provided the restrained party (Claudia J. Bergman) privilege to continue her documented history of domestic abuse and child concealment. At the same time, Matthew E. Merritt and Sara N Merritt of Ames, IA, as evidence shows, conspired with her. Claudia J. Bergman, Matthew E. Merritt, and Sara N. Merritt concealed these children from their Father, and court-ordered FCS Child Interviews ordered on 05 JUN 2019 to provide testimony regarding allegations of sexual abuse utilized by Claudia J. Bergman (restrained party) to acquire her restraining order on 17 MAY 2019. Claudia J. Bergman retracted her restraining order request on 31 OCT 2019 after providing zero evidence to support her allegations and concealing children ordered to provide testimony with Matthew E. Merritt and Sara N. Merritt of Ames, Iowa while receiving legal representation provided by Maria Kraus (The State Bar of California #243115). Honorable Judge Martin communicated in court on 31 OCT 2019 (before assigning Minor’s Counsel) that the children in San Diego East County Court Case ED100465 failure to appear to court-ordered FCS Child Interviews in August 2019 significantly damaged the 31 OCT 2019 trial because these children’s testimony was not available for this court date.

If any individuals or agencies addressed in this correspondence have any questions regarding why ***** *. ******* or ******* *. ******* were living in the state of Iowa with Matthew E. Merritt and Sara N. Merritt (Ames, IA) as opposed to with Claudia J. Bergman (formerly of Ramona, CA) as ordered on 08 APR 2019 to appear for FCS Child Interviews as ordered on 05 JUN 2019 I invite you to contact Meredith Levin (The State Bar of California #226437/University of San Diego School of Law). She was these children’s lawyer as ordered on 31 OCT 2019. Meredith Levin was Minor’s Counsel while her clients were living in Iowa. Evidence suggests she was completely unaware of what state her clients were living in or whom they were living with because she failed to communicate this to the court or any party to court case ED100465 as California Rules of the Court 5.242 indicates it was her responsibility to do so.

4. Conclusion

When a county attorney chooses which cases are brought to trial and which are not when equal or similar evidence allegedly exists, it is the responsibility of the citizens to investigate and determine if there is a motive and find the truth. If Jasper County is a Second Amendment Sanctuary before it is a Fourteenth Amendment Sanctuary, this county will exist under an illusion of democracy as individual citizens exist within a tyranny of unequal justice among armed citizens. If a judicial system only safeguards the sword, it will die by that sword.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Fourteenth Amendment to the United States Constitution

It is highly encouraged that the Jasper County Attorney respond to future correspondence. The Jasper County Attorney’s failure to do so will not halt the progression of this investigation or the analysis of his professional responsibilities in this case. The Jasper County Attorney’s failure to provide an adequate response only provides further evidence of disorganization within the county attorney’s office regarding the execution of his responsibilities.

Respectfully,

Michael J. Merritt
PO BOX 294
Newton, IA 50208
641-840-9916


Document Tracker

Public Records Request Log