Gordon Smith was not charged for the letter that was written where "some unknown individual" attempted to frame him for threatening to kill his ex-wife and children because when it was dropped off at the ex-wife's home he was 800 miles away. Did the DSP apply for and get one of their famous JP Court rubber stamped warrants? That is unknown. It is not known how soon after the letter mysteriously appeared on her porch DSP discovered that he was out of state and could not possibly have delivered the threat. Gordon also was not aware of the existence of the ex-parte PFA that was cited in the threatening letter as the reason for the threat. DSP never asked Mr. Smith for a handwriting sample. It would be obvious to Barney Fife that "someone" was attempting to frame him and wanted him arrested. That was about two weeks before the Taco Bell, August 9, 2010 false report. 

Gordon was not charged for the alleged assault that supposedly occurred on June 30, 2010 because at the time the false accuser did not say that he was the perpetrator. The DSP did not not question Mr. Smith until the second day after the attack. Mr. Smith was 20 miles away without a vehicle at the time of that alleged attack. DSP never asked Mr. Smith to provide a DNA sample. 

Both of these incidents were used in Family Court proceedings against Mr. Smith. 

The following are communications sent by Mr. Smith to get justice.

 Subject: Troop 3: The proof of the crime and the cover-up

To: robert.marshall@state.de.us, joseph.booth@state.de.us, brian.bushweller@state.de.us, catherine.cloutier@state.de.us, margaretrose.henry@state.de.us, david.mcbride@state.de.us, david.sokola@state.de.us, john.l.mitchel@state.de.us, john.atkins@state.de.us, ruth.briggsking@state.de.us, william.carson@state.de.us, jj.johnson@state.de.us, biff.lee@state.de.us, ihall@kh2inc.com, edward.osienski@state.de.us, bobby.outten@state.de.us, melanie.g.smith@state.de.us, dennis.williams@state.de.us, david.l.wilson@state.de.us
Cc: robert.coupe@state.de.us, charles.simpson@state.de.us, nathaniel.mcqueen@state.de.us, galen.purcell@state.de.us, david.weaver@state.de.us

Date: Saturday, March 3, 2012, 2:22 PM

To: Delaware Senate Public Safety Committee and House Public Safety and Homeland Security Committee

There is a particular crime in Delaware that the perpetrator can commit with impunity, without any fear of prosecution.

It is 11DE1245 – the filing of a false police report – with one caveat – if it pertains to violating a Protection From Abuse order.

How can I prove such a claim?

At a recent Family Law Commission meeting – Judge William Walls provided the philosophical basis when he responded to the concerns of two state Senators regarding the social ill of false allegations of domestic violence – by saying -

“There are already penalties for false swearing. They are not being enforced. I don’t know why”.

Ambiguous, yet definitive in that this non- prosecutorial philosophical basis is stating unequivocally that the victims of this crime (11DE1245) will not be protected.

We see this Delaware de facto policy (that Judge Walls spoke) of not prosecuting those who file false police reports in regard to PFA violations implemented by the Delaware State Police. When even in the face of irrefutable physical evidence that clearly constitutes probable cause for the arrest of the perpetrator will refuse to initiate a warrant. Instead, continue in their prosecution of the true victim, hoping they can be emotionally bludgeoned into a plea.

Do we truly realize the totality of this stance? Its like saying to a car thief – Its like issuing an edict that states – You will be prosecuted for stealing automobiles except for one particular automobile – the Ford Mustang, etc. you may steal this particular type of automobile at will…

Do we grasp how constitutionally ridiculous this is?

On August 9, 2010, I was the victim of a crime perpetrated by three individuals. The three individuals conspired and filed a false police report against me.

Unfortunately for me it was a domestic violence related false police report, had it been any other, the outcome I’m sure would have been different.

A crime under 11DE1245. As they say – insult to injury, I would be further victimized by Delaware State Trooper Miller.

He realized his probable cause for my arrest of violating a PFA had evaporated in front of his eyes.

He realized a false arrest had been made. Instead of vacating the warrant and releasing me, he again misjudged and grasped for a charge that was prima facie impossible to have been committed by me – “Breach of Release” – there had been no release from anything.

He actually had probable cause for the arrest of the complainant and her co-conspirators but chose instead to damage control control and continue in my prosecution.

Detective Fausey – Less than 72 hrs. later Detective Fausey would actually view the video footage of me at the Camden Taco Bell enjoying two .99 chicken burritos both before, during and after the time that the complainant and the two individuals stated I was in the front yard of a residence some 15 miles away.

Detective Fausey would even take the statements of the three perpetrators that again provided ample probable cause for their arrest. But Detective Fausey continued his case against me. He referred the case to the Attorney General’s office for my prosecution.

Five months later into the “meat grinder” that Delaware refers to as the “justice system”, the Attorney General’s office seeing I would not plea to something I did not do, dismissed all three charges.

Does this negate the injustice that was perpetrated upon me. No. It does not.

In the adjoining letters, you will find my actual formal complaints (with certain names redacted) including actual excerpts from the police reports and narratives.

If you like I could scan or fax you the reports in their entirety. It is truly a shame that the only recourse for justice left… is a lawsuit

 To: robert.coupe@state.de.us

CC: james.paige@state.de.us; nathaniel.mcqueen@state.de.us

Subject: Formal Request For Investigation

Date: Mon, 19 Mar 2012 17:37:10 -0400

This letter will serve as a formal request for an investigation:

On July 22, 2010, my ex-wife hereto referred as complainant – contacted the Delaware State Police to report that a note that appeared to have come from me was left at the door of her residence. The note stated that – because she had gotten a PFA against me, I was going to kill her and my sons.

I have in my possession copies of a PFA document and a letter to a Family Court Commissioner in which the complainant states that Detective Fausey was handling the investigation and I was the suspect responsible for the note that threatened to kill both she and my sons.

There are two huge problems with Detective Fausey’s and the complainant’s well constructed scenario -

1) On that very day I was 800 MILES away (thank God) in the state of Georgia, where I was preparing to travel to Washinton D.C for a speaking engagement the following day (which can be seen on youtube.com).
2) I had no knowledge of a PFA filed until a Family Court official made me aware a week later.
But this crucial bit of information evidently was not known to the perpetrator of the terroristic letter meant to frame me.

What happened to the investigation of this letter?

When Detective Fausey realized that it was impossible for me to have written and dropped the letter off at that door, shouldn’t it have been clear that

a) Someone was trying to frame me. I was a victim of a crime?
b) The strong possibilty that a false police report had been filed?

Why, for the love of God, did his investigation not move in this logical progression?

Odd, how this crucial bit of information regarding this terroristic letter never came up when I was accused of the August 9 incident at the same residence.

I ask for a real investigation into the handling of this matter.

 To: robert.coupe@state.de.us; james.paige@state.de.us; nathaniel.mcqueen@state.de.us; galen.purcell@state.de.us

CC: governor.markell@state.de.us; beau.biden@state.de.us

Subject: Chronological Proof Regarding DSP Detective’s Actions

Date: Thu, 22 Mar 2012 17:53:01 -0400

I want to share with you a pattern of events that occurred during a less than two month time span during the summer of 2010:

I have in my possession official documents that contain the following:

June 30 – An alleged attempted sexual assault. Delaware State Trooper Detective Fausey conducts the investigation. “Awaiting DNA results”.

“Gordon is a suspect”. Even though, I was never formally charged, I still wore the scarlet letter of being labeled – suspect and I was not allowed to see my precious four and two year old sons for six months.

Proven Fact: At the time this alleged crime occurred, I was 15 miles away with a friend. Completely innocent.

July 22 – A terroristic note is allegedly left on the doorstep of complainant that threatened to kill both her and my two little boys because she had filed for a PFA (against – me). Detective Fausey conducts the investigation. “Awaiting fingerprints”. “Gordon is a suspect”.

Proven Fact: At the time this alleged crime occurred I was 800 miles away in the state of Georgia where I was preparing to travel to Washington, D.C for a speaking engagement the following day.. clearly someone attempted to frame me.

I had no knowledge that a PFA had been filed until July 27 – 5 days after the alleged crime occurred.

August 9 – The complainant and her accomplice originally report that I was in the front yard of her residence at 12:40 p.m. but then finally settle on 1:00 p.m. This, if true is a violation of the PFA issued July 27 – Trooper Miller issues a warrant for my arrest for Criminal Contempt of a PFA. Aha! Finally, Detective Fausey has his man! No, to the contrary what he does have is overwhelming evidence that a false police report has been filed and the perpetrator has been trying their best to frame me…. But what does Detective Fausey do? He continues to try and build his case against me.

Proven Fact: At the time this alleged crime occurred I was on video camera -inside the Camden Taco Bell dining area. I was at the Camden Taco Bell from 12:35 p.m. until about 1:05 p.m. with a friend eating lunch inside the dining area. In fact less than 72 hours – Detective Fausey travels to the Taco Bell and views the video footage showing me inside the restaurant at the time that I was accused of committing the crime…But what does Detective Fausey do? He continues to try and build his case against me.

Do you see a pattern? Can it be any more clear that false police reports were being filed against me with impunity in attempt to frame me for crimes I did not commit. Should not Detective Fausey have been able to see this undeniable pattern of contradictions? Of course he should have.

Is this an indictment of the incompetence and/or unethical actions of a Delaware State Police Detective and on a de facto policy level, verification of what Family Court Judge Walls stated in a recent Family Law Commission meeting (regarding DV cases) that even though there are penalties against false swearing no punitive action is taken against those who commit this crime.

I will not let this matter go until I have justice.

 To: robert.coupe@state.de.us; nathaniel.mcqueen@state.de.us; galen.purcell@state.de.us

Subject: I, Gordon Smith – A Crime Victim Provide Further Evidence To The DSP.

Date: Tue, 19 Jun 2012 16:25:03 -0400

Filing a False Police Report (11 DE Code 1245) and or Perjury (11 DE. Code 1222, 11 DE. Code 1223, 11 DE. Code 1224)

Trooper Miller’s Official Police Narrative/Witness Statement states at 1:00 p.m (Complainant) states – I was standing in front of her residence on Judith Rd. in Hartly, Delaware.

TROOPER’S FAUSEY AND MILLER HAD MORE THAN ENOUGH EVIDENCE TO ARREST THESE INDIVIDUALS BUT THEY FAILED TO DO SO. NOW, I PROVIDE YOU SIRS WITH EVEN FURTHER EVIDENCE.

IT IS A IMMUTABLE, IRREFUTABLE AND ALREADY PROVEN FACT, I WAS NO WHERE NEAR THAT RESIDENCE AS THE THREE CO-CONSPIRATORS ALLEGE.

THEY COMMITTED A CRIME(S). HEAR ME, I DO NOT COME TO YOU AS A LITIGANT IN A LAWSUIT. NO, I COME TO YOU AS A VICTIM OF A CRIME AND I ASK THAT A WARRANT BE ISSUED FOR THEIR ARREST.

Let the facts be submitted to a candid world (Declaration of Independence – 1776)

Each one of these accounts are regarding the one incident in which they (all three co-conspirators) place me in the front yard, driveway,street,in the tree,on the roof, etc. – take your pick.

Trooper Miller’s Investigative Narrative Report – According to Complainant I was in the front yard at:

Pg. 2 Ln 13. 1:00 p.m. – Contradiction: I was preparing to leave the Camden Taco Bell

Pg. 2 Last line: Between 12:45 and 1:00 p. Contradiction: I was at the Camden Taco Bell

August 10, 2010 Family Court Hearing:

Pg. 14 Ln. 15 – Ms. Smith: This occurrence actually occurred at our house around 12:40, 12:45′ish.” I was at the Camden Taco Bell.

Pg. 25 Ln. 1 – Bill Merson: “That was yesterday. That would be the 9th, about 12:30′ish.” I was at the Camden Taco Bell.

September 7, 2010 Family Court Hearing:

Pg. 21 Ln. 17 – 19 Tiffany Smith: “Approximate time, Bill called me when he arrived at my grandmother’s house, that was about 11:45 everything kind of happened between that and 12:40″ “I was somewhere down on Rt. 8.” – I thought she and Bill Merson were standing in the living room observing me standing outside the front of the house?

Pg. 21 Ln. 23 – Tiffany Smith:

“I said between 11:45 and 12:45.”

Detective Fausey witness statement of Morgan Evans – (sister of complainant):

Pg. 9 last line “a little before 12:30 p.m.” I was entering the Camden Taco Bell.

Pg. 28 Ln. 9 – Morgan Evans Complainants sister:

“It was maybe around noon, some time.” I was finishing up a time stamped video I was working on for a youtube project in Felton, De.

*DETECTIVE FAUSEY* according to one of his narratives observed the following on Tiffany’s phone: Now please bear in mind, Tiffany and Bill Merson according to two Family Court Hearings Transcripts (completely contradict the already contradictory DSP narrative) were literally side by side from 11:45 a.m. until approximately 2:00 p.m. either in the house on Judith Rd. or in Bill’s vehicle.

11:12 a.m. Tiffany calls Bill.

*11:45 a.m. One Missed Call between Tiffany and Bill.*

Transcript Contradictions:

Pg. 11 Ln. 21 Tiffany states Bill walked in at 11:45 a.m. to pick her up – Why is Bill calling her , if she is already there?

Tiffany – “I was somewhere down on Rt. 8.”

Pg. 32 Ln. 5-6: “I got to her house by about a quarter to 12:00 p.m. And then went inside and you know was talking to to Tiffany. Again, why is Bill calling her if she is already there?
Tiffany – “I was somewhere down on Rt. 8.”

12:40 p.m. – Missed call between Tiffany and Bill – AGAIN, I THOUGHT TIFFANY AND BILL WERE SIDE BY SIDE OBSERVING ME IN FRONT OF THE RESIDENCE.

Tiffany – “I was somewhere down on Rt. 8.”

12:58 p.m. – Incoming call from home (Site of Judith Rd. incident)? Where are Bill and Tiffany?

1:00 p.m.- Outgoing call from home(?) I THOUGHT TIFFANY WAS HOME

1:02 p.m. two outgoing calls to troop 3

1:14 p.m. outgoing call to kentcom reporting her incident live from Food Lion parking Lot in Dover. OH, SO SHES SOMEWHERE IN DOVER.

On August 19, 2010, I provided Delaware AG Chris Parker exculpatory evidence confirming my whereabouts prior to my lunch at the Taco Bell in Camden and regarding my subsequent trip to Troop 3 for other business:

According to Detective Fausey’s narrative – I enter the Troop 3 lobby at 1:06 p.m. and exit at 2:18 p.m.

I close with the following: It is absurd that I would have to go to this extent to prove that I was a victim of a crime. A crime that was committed with impunity.

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