Sunday, July 2, 2017

Post-it Mortem

I've been preparing to give testimony at the second half of my deposition next month.  Naturally, I've been going through the evidence provided by The Sliding Door Company as part of the discovery process.  You can imagine my surprise at discovering "NEW" evidence that I didn't know existed. Evidence which I believe suggests criminal intent on the part of The Sliding Door Company.

First a little background.   The Sliding Door Company began retaliating against me when I complained about a hostile work environment to the Human Resources Manager.   I warned several co-workers not to get involved in this illegal retaliation by CEO, Doron Polus.  In one case, spyware was installed on my computer by Eyal Salpeter, Mr. Polus' son-in-law.   I found the spyware and removed it since my personal conversations were being posted to a public folder that anyone could view.

I left four post-it notes at my desk and computer screens warning Mr. Salpeter about the legal consequences of getting involved in criminal activity by Mr. Polus.  Two of the four post-it notes, taken out of context, were used to suggest my warning of legal consequences was a physical threat and therefore cause for termination. 

I imagine this is what was shown to the police in an attempt to file bogus charges against me.

So, in going through the evidence produced by The Sliding Door Company, guess what I found?

An image of the OTHER two post-it notes. I couldn't read the big black blotches, but I was able to confirm that this image is indeed the missing post-it notes.

Here's where it gets interesting...

Their own (former) attorney, Susan Bendavid, presented only TWO post-it notes to my former attorney.  Did she know four post-it notes existed?  I doubt it, and that may be why they now have a new attorney on this case. 

If Susan Bendavid knowingly withheld evidence, that would be Obstruction of Justice not to mention Defamation and would mark the end of her career. I seriously doubt Ms. Bendavid would be that careless, but I suppose it is possible. We will find out very soon.

More likely, the Obstruction of Justice charges will be traced to The Sliding Door Company.  They obviously had the photograph all along - so why was it withheld when Susan Bendavid was trying to get a settlement from my former attorney?

Did they show it to her? If not, then they tampered with evidence. Did they show it to the police?  If more than one person knew about this, then it's a conspiracy to tamper with evidence.  Both of these are crimes and come with jail time.  Obviously, there are also Defamation issues here as I am a published author.

In any case the fact that this evidence was withheld from settlement negotiations with my former attorney indicates that Somebody Committed a Crime and we're going to find out exactly WHO.

The irony is that the post-it notes that they withheld described the penalty for tampering with evidence.

I've said before, I'm not a legal expert, but it appears to me some people at The Sliding Door Company are in quite a bit of trouble.  Either they or their former attorney broke the law by painting me in false light to the police and to my former attorney in order to avoid legal proceedings and fiduciary obligations.

From the link above:

1. California law as to planting or tempering with evidence (Penal Code 141 PC)
1.1. Actions that violate Penal Code 141 PC
You violate Penal Code 141 PC when you tamper with evidence (or potential evidence) by doing any of the following:
  • Changing the evidence,
  • Planting or placing the evidence in a particular place,
  • Hiding the evidence,
  • Moving the evidence, or
  • Making or manufacturing evidence.4

1.2. What counts as evidence?

California law on planting evidence covers every kind of physical object that might be produced in any kind of legal trial, proceeding, or investigation. It also includes digital images and video recordings.5
Note that this isn't just limited to criminal trials. You can be charged with planting evidence in connection with a civil trial, a criminal investigation that hasn't led to charges yet, or pretty much any other kind of legal process.6
2. Penalties for planting evidence
For defendants who are not police officers, the California crime of planting evidence (evidence tampering) is a misdemeanor.12 This means that the maximum penalty is up to six (6) months in county jail, a fine of up to one thousand dollars ($1,000), or both.13
But for defendants who are law enforcement officers, the penalty is much steeper. In these cases, planting evidence is a felony. A police officer convicted of evidence tampering will be sentenced to either probation with up to a year in county jail, OR two (2), three (3) or five (5) years in state prison.14
4. Related Offenses
4.1. Conspiracy to plant or tamper with evidence
Planting evidence can present some real logistical hassles. For this reason, it's common for two or more people to work together to plant or tamper with evidence.
If this happens, everyone involved can be charged not just with planting evidence, but with criminal conspiracy to plant evidence or tamper with evidence.  A criminal conspiracy takes place when both of the following occur:
  1. Two (2) or more people agree to commit a crime, and/or to falsely indict someone else for a crime they didn't commit, and
  2. One (1) of those people commits some overt act to further the agreement.17
As we discussed above, the crime of planting evidence is a misdemeanor in California (for everyone who is not a law enforcement officer).18 But the crime of conspiracy is a wobbler, which means that it may be charged as either a misdemeanor OR a felony.19

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