Statement of Michael E. Di Rosa

in complaint of the conduct of

the Jefferson Parish personnel of the Gretna lockup in which I was incarcerated

on the 21^st and 22^nd day of December, 2006.

Nature of the complaint:

While in the Gretna facility I was beaten, threatened, tortured, extorted, held incognito and refused the use of a phone that was not monitored and recorded with which I could contact my counsel and I was denied counsel of my choice.

I am formally demanding an investigation of the policies and personnel that led to and perpetuate these intolerable affronts to my rights and person as an free citizen of the State of Louisiana not convicted of any crime.

I also demand that the Internal Affairs Department of the Jefferson Parish Police do seize and hold all recordings, made by any means whatsoever including but not limited to all audio and video recordings made in the Jefferson Parish facility in which I was detained and all records of persons entering and leaving the facility for the purposes of discovering names of perpetrators and witnesses, for the time period in which I was detained on the 21^st and 22^nd of December, 2006. I do also demand that the Internal Affairs Department of the Jefferson Parish Police do hold these recordings, with proper chain of evidence being maintained, to be used in a possible law suit instituted by me at a future date and such determination being made, by me, after I see the product of their investigation.

Statement of the facts in support of the complaint:

I was taken to the Gretna detention center by the officer whose name is illegible to me on my copy of the Louisiana uniform traffic ticket & complaint numbered JP-R44686 and JP-R 44687 and appears to have a payroll number of 115849 on the 21^st day of December, 2006 at around 8pm. Upon arrival my property was taken from my possession and placed in a plastic bag. I was then placed in a small cage of about 4ft. in depth and 4 feet in width with no chair and forced to stand there in full view of the personnel for what seemed to me to be about an hour. I was offered food that I would have thought twice before I fed it to my dog and no utensils nor drink. I told the medical personnel that I was legally addicted to nicotine and that I was starting to the see the signs of withdrawal pains. A pack of Louisiana taxed cigarettes had been taken from my possession upon entry, but I was not even demanding to use those specifically. I told her that I was locked in a cage and could not walk outside to smoke a cigarette. I did ask her for nicotine gum or patch. I was refused and ridiculed by her and other personnel for my addiction, and the hopelessness of my desire to not experience nicotine withdrawal. I did ask the medical person the question “ If you would withhold air, water, or food from me would that be torture?” To which she agreed. “Then how can you tell me that to withhold nicotine from me, another substance that I am legally addicted to, is not torture?” She had no answer, and I was subjected to more ridicule by center employees.

I did inform center personnel that I still needed to contact my counsel, and that I required paper and pencil so that I may compose writs to force my appearance before a judge. I did inform them that my arrest was a misunderstanding and if brought before a judge the matter could be straightened out in a few minutes. The attachment was a mistake. All demands were ignored.

I was then taken to a larger room full of bunk beds. There were two phones on the wall with another detainee using one. I did pick up the phone and did discover that I could only make a collect call. I did try to contact my mother to inform her of my location and to not worry when I did not show up as I was expected. However, since my family name is associated with many attorneys, my mother receives many of these collect call requests to the point of nusence and is in the habit of ignoring them. I also receive these calls on a regular basis with the preponderance of them coming in the dead of night. They are a continuing source of distress for me because I may know how to reach the person the caller is seeking, or at least tell them that they have the wrong number. But, if I accepted all such calls it could turn into a sizable expense and, in most cases, I can not tell who is trying to make the call because when it repeats the name it is always garbled by background noise and a extremely bad recording. Also, these people, not knowing if they are being spurned or if they have the wrong number, keep trying to reach an attorney with the same last name by repeated calls. When my mother refused the call and did not accept the charges, I knew why and I knew that repeated calls would be handled in the same way and abandoned my attempts. I then noticed the sign on the wall stating that all phone conversations were monitored and recorded and that use constitutes consent. I could not call my counsel on this phone. I did not consent to my conversation being recorded and monitored. I had no intention of being forced into waiving my rights without consultation with my counsel and my right to notify someone and my counsel of my seizure by government and did notify facility personnel of my plight and did demand the use of a phone that was not monitored and recorded. The demand was ignored.

At about this time a guard did escort a group of detainees to the same cell and while holding the door while they filed past did say, “ I wouldn't mind if you beat this one up.” I did then challenge him and asked if this was a threat. I received no response. I did then go and stake claim on a bottom bunk near the corner in case defense became necessary. A few minutes later, a guard did appear at the door and did roughly escort me to another room where I was the only occupant.

The room I was taken to had only a square metal box attached to the wall that runs the full length of the wall and no provisions for sleeping except laying on this metal box. The room was kept so cold that previous tenants had taken toilet paper and had tried to stuff it in the vent and reduce the volume of cold air entering. I was left in this room with no blanket, and my parka had been taken upon arrival. I stayed in that room and fought the effects of cold for the remainder of the night. Also, in this room the lights were left on the whole time with no escape from their glare, plus there is a conspicuous lack of clocks, and every officer I asked during the night either would not tell me the time or did so misinform me that it was obvious that the information was wrong. This has upset my circadian rhythm, the effects of which have lasted for days. Every once in a while I would remind the employees of Jefferson Parish that I was suffering from nicotine withdrawal, that I demanded to use a phone that was not monitored and recorded to locate my counsel, and inform and consult with my counsel about my predicament, that I demanded paper and pen to compose writs, and did ask why they were torturing me. I was ignored at every attempt.

At a few points during the night I was given legal advise by Jefferson Parish employees that I knew or suspected to be false.

At one point I was taken to a fingerprint and mug shot location. I did inform the Jefferson Parish personnel that it was my belief that the Supreme Court of the United States of America had ruled that I was not required to give them these things and that it was my right to refuse. I was then thrown against the was and held by the throat and threatened that I was not getting out of there without surrendering this right, and that there was no provision for me to see a judge. I did maintain my refusal and was returned to my cell.

Sometime during the morning I was shuffled into another cell with bunk beds, a used blanket and kotex wrapper and was offered food that I could not eat due to it's unappetizing look with no utensils, and coffee containing so much sugar that it was unpalatable.

At some time during the morning of the 22^nd day of December I was informed that my counsel was here and I was being taken to converse with him. This came as a complete surprise because I had not been able to inform anyone of my predicament. I was then taken to a room with a window into another room. A short time later my brother appeared in the other room. I was then informed that my Mother was in a great state of stress because I had not noticed her to cancel her expectation of my arrival and she had called him to try to find me fearing that I might be in peril. He then did tell me that the Jefferson Parish personnel had informed him that I would be there for an indefinite amount of time as hostage until I surrendered my rights and let them take my finger prints and make an images of my face. He did tell me that I had made my point that this information was being extorted from me and that I should do whatever was necessary to escape their custody and fight the matter in court. This sounded like wise advice considering that I now had a witness, not in the employ of Jefferson Parish, that had first hand knowledge of the extortion perpetrated upon me to make me surrender my rights. I did then resist less with my captives. I made sure that the person taking my fingerprints and making images of my face that I was doing this against my will and only to escape their torture chamber. I did sign documents under this same stipulation. I was then allowed to leave the Jefferson Parish Gretna facility.

I did then meet my brother on the outside of the facility and was told that I could have been out of their in an hour from entry if only I had surrendered my rights quickly. In effect confirming what the Jefferson Parish personnel had told me. My freedom was to be held hostage until I surrendered my rights however long it took.

Michael E. DiRosa call XXX-XXX-XXXX if any more information is needed.