Electronic Mail – Police Chief Tupper – Marshalltown, IA Police Department

Chief Tupper,

I wanted to take this opportunity to thank you for being a good officer of the law. I hope that I can sit down with you at some point in the future and show you the evidence I have of this multi-year situation for the record. I want to tell you how much I respect your courage and transparency with the records you have provided me. I am at a mental and emotional place where I cannot fully articulate all of the facts of what I am experiencing right now. I just wanted to reach out and tell you I appreciate you. I want you to know that I posted the comedy poem “The Three Iowa Pigs” because I wanted to make a point. I wanted to show evidence that a private citizen does not deserve having armed law enforcement officers at their door to search their house because they communicated words in a public forum that another party felt were defamatory. (Hope United Methodist Church of Marshalltown, IA whom I filed a written complaint in October 2018 a couple months before their complaints started being documented with the Marshalltown, IA Police Department against me.)

When I wrote that, I felt every word on it, but you have shown me that you are not that kind of law enforcement officer. I have been dealing with anger and hostility from the Newton, IA Police Department as they work to conceal records. I dealt with it today; I went to the Newton, IA Police Department to get Iowa Incident Reports just as they have given me in the past, but now they are charging $10 per report, and then they told me to talk to their lawyer. This is the same agency that did nothing regarding a restraining order violation that was reported to them in August 2019 while my children were being transferred to Ames, IA, while being concealed from court-ordered appearances in San Diego, CA to provide their testimony regarding the allegations of abuse used to conceal them by these conspirators. I asked to talk to a Sergeant, and one walked out with anger and hostility in his eyes and would not even let me speak. He used oppressive authority to verbally run me over and used his badge to enforce that authority as he walked back toward the office door; I said something about the fact that it shouldn’t be like this when a citizen tries to talk to a law enforcement officer. I am submitting a request today in accordance with Iowa Code Chapter 22 for the video recording of that interaction and the condescending resistance to simple questions by the office staff regarding this agency’s inconsistent behavior regarding the release of their Iowa Incident Reports. (Note: Newton, IA Police Department gave me the Iowa Incident Report documenting the restraining order violation they failed to take action on previously, but as this situation has escalated and possible evidence is surfacing of their negligence, they are now resistant to release records documenting their actions and executing what I believe is prejudice regarding their interaction with citizens requesting records based upon the context of the situation the records are being requested for. Furthermore, Iowa Code Chapter 22.2(2.) states, ” A government body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions.” Chief Burdess communicated in his email dated 01 APR 2022, “Mr. Merritt, Your request is being handled by our contracted City Attorney at Brick Gentry Law Firm. Please contact them with your questions regarding these requests.” )

In the future, I will ask Chief Burdess if he thinks the anger and oppressive hostility I witnessed in this officer’s eyes today in his lobby was the same look George Floyd saw in the eyes of Officer Chauvin when his rights were violated; and his life was ultimately taken. Is the fact that I am white why I was able to leave the Newton, IA PD today? Is anger and oppressive behavior the kind of conduct that should be perpetuated by a person wearing a law enforcement badge that is attempting to silence testimony being provided by a person their agency has victimized? In a country where slavery was abolished by the 13th Amendment to our Constitution except for purposes of punishment as executed by the government as articulated in the Constitutions of both the State of Iowa and the United States of America, I believe our state and republic are evolving toward a dangerous paradigm when the agencies that round up that slave labor for the Iowa Prison “Industries” are allowed to conceal original records of their activities. As a former Cryptologist in the United States Navy that maintained equipment during the events following 9/11 that provided distribution of intelligence, I respect and understand the need for some law enforcement records to be kept confidential. The difference between a standard “IT” and “CTO” in the US Navy was that I was provided a clearance that authorized my access to information and equipment that provided knowledge of the infrastructure used to collect intelligence against our enemies. I believe that keeping tactics and strategies confidential the Department of Defense utilizes to collect intelligence against our nation’s enemies is just as important as protecting the tactics and strategies used by our law enforcement in its war against crime. I believe tyranny develops, however, when agencies of law enforcement attempt to conceal everything down to the original document generated when an incident is being reported by a citizen while presenting evidence of that agency’s handling of it. I also believe that lawyers that represent these agencies need to be held accountable for misuse of Iowa Code Chapter 22.7(5.) for the purpose of preventing the release of records protected by Iowa Code Chapter 22 while possibly providing a strategic advantage in a future civil court case against their client. Violations of the law on the streets of America are just as relevant as violations of the law within agencies of government because in both instances the rights and liberties of citizens are being taken from them or abridged. While the unethical attempt to conceal evidence or records documenting their historical actions.

I served this country for twenty years and what my country and some of my fellow citizens I served have shown me is that a woman has the right to take children from their father based on approximately 130 words and zero evidence in court. Superior Court Judges have the right to violate the law and issue orders based on 0 evidence while enforcing previous orders against citizens of a gender not their own, and protecting parties that violate their orders that are the same gender from accountability. Every conspirator or involved party in a situation has the right to report false allegations of harassment to criminalize the true victim while covering up their actions and involvement in that situation. Certain law enforcement agencies and their legal representation have shown me they have a level of entitlement enabling the exploitation of Iowa Code Chapter 22.7(5.) while covering up the historical record of how they handled these situations.

You have shown me you are not that kind of leader, and I want to thank you because I am in a place in my life where the few people like you provide me the ability to feel hope and believe in what this country is supposed to be. Without people like you, I would have nothing left to hold onto in this life regarding trusting and having faith in others and the country that I served. When you have time, please let me know what the cost is for the search for records regarding the electronic mail addresses I provided in my 23 MAR 2022 update to the attached Iowa Open Records Request.


Michael J. Merritt, USN Retired/Writer
Founder: phoenixharbor.com
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
PO BOX 187
Newton, IA 50208

“The study of Ethics is a pursuit of understanding the philosophical nature of right and wrong in its most perfect form.
A society’s justice system is an ever-evolving pursuit of that perfection.
Corruption is the cultural, political, or personal bias that overrules and interferes with that system.”