CORRUPTION IN PROVO POLICE DEPARTMENT, "DETECTIVE SCOTT NIELSEN" 4th District Courts!

CORRUPTION IN PROVO POLICE DEPARTMENT, "DETECTIVE SCOTT NIELSEN" 4th District Courts!

The Issue

Provo Police department needs to hold their detectives accountable. Detective Scott Neilsen arresting officer to my husband. Upon arrest at my husband's work, "He stated do you know why you are being arrested". My husband stated,"No". Detective Scott Neilsen stated, "You will know when we get to the police station no verbal Miranda read. Also during interrogation my husband signed a written Miranda waiver to talk to the Detective Scott Neilsen and my husband stated, "If I feel you are violating my rights I will let you know." So during interrogation, the Detective used the Reid Technique, which is basically misleading the suspect and causes incriminated statements. My husband stated at one point you are violating my rights and the Detective stated, "Oh I'm violating your rights".  At that point the Detective should of stopped the interrogation to clarify if he wanted legal counsel and he did not and continued the interrogation. That right that it violates Miranda and Brady Gigilo law. So by doing so the prosecutor should not be allowed to use in trial the interrogation but it's being allowed. Detective Scott Neilsen told my husband you don't get a lawyer. He also denied my husband his phone call and letting him use the bathroom at the beginning of interrogation but finally at the end of interrogation he let him go to the bathroom. Detective Scott Neilsen also told my husband he was going to interview his wife, (Me). Detective Scott Neilsen never did a full investigation only the pretext phone call that was also admitted late before trial breaking stipulation clause by not notifying the Defense side which just because of that pretext phone call and interrogation should be denied to be used at trial. Guess what Judge Robert Lunnen allowed it. Now due process under color of law broken, misconduct and allowing for a biased unfair trial with evidentiary discovery brought in late to not allow the defense to cross exam evidence. Detective Scott Neilsen also never investigated our side meaning defense, to get full story. He arrested my husband off probable cause affidavit of some incriminated statements but does not admit to anything. Detective Scott Neilsen also had misconduct by botched poorly investigated and did not get our side which if he did this case would of never went to trial. One year later more due process violations under color of law he charged my husband with Retaliation against a victim and or informant by a telephone call that was recorded while he was in jail August 12th, 2019, he stated the threats at pretrial were bad and warranted for the extra charge so 9/25/20, that charge was bogus my husband was in jail and was so upset after he read my daughter's deposition that he said,"I wish she was dead." Well 88 days in jail, got out by bail Oct 16th, 2019 and ankle monitor was placed and wasn't removed until Jan 6, 2021. No physical evidence, no hospital injury or anything that he even retaliated towards my daughter. That charge was a retaliatory and malicious charge a year later against my husband. Preliminary where we were supposed to show our evidence at that time, unknown to my husband our lawyer waived it to offer on the table. My husband did not sign anything or usually a Judge would talk to my husband to make sure he knew what waiving his preliminary would cause, well my husband did not waive anything. So last three and a half years our evidence has purposely been kept out and never shown. More due process violations under color of law violated. My husband also at beginning of interrogation asked for a lawyer two times. The detective did clarify at that time if he got a lawyer the interrogation would cease. My husband understood his rights and stated if my rights are violated he would let the detective know. So the interrogation began. My husband's detective walked out of the interrogation room and came back in, and told him his telephone call to his wife (Me), the jail personal would let him have his call and at end of interrogation the Detective finally let him use the rest room. My husband was booked into Utah County Jail on 7/18/19. Lots of due process violations continued, no lawyer appointed until first week of September. Then finally bail hearing was on 9/18/19, original bail 150,000 got reduced to 5k, which literally being poor was excessive due to my husband had no prior history of rape or distribution of meth to a minor. Charges, Rape x2, Sodomy and meth charge. Then one-year later a whole separate charge retaliation against a witness and or informant added. These charges are pretty serious and be basically prosecutor side has a crap case but using pretext call when my husband stated I'm sorry we shouldn't be talking about this. That is what he got arrested on, 88 days in jail 7/18/19-10/17/19. That statement was what he was trying to say, we shouldn't be talking about these false accusations and it was from admitting to rape. If Detective Scott Neilsen would of investigated our side he would of known that my daughter was with two friends (alibis) that were with her the whole night and was never in our bed. My husband's door was locked to our bedroom with his son sleeping his 6yr old. I can home from work and had to knock on the door to wake my husband up to get into our bedroom and there was no daughter in our bed like she claimed. My daughter was downstairs asleep in her room with both of her friends with her. My daughter claimed it happened around 0200-0300 early morning. My daughter's two friends have video of snap chat date stamped in official night showing her asleep. No rape happened. So if Detective Scott Neilsen would of investigated our side meaning defense this false accusations of rape and drug charge wouldn't have existed or no 3.5 yrs of long drawn out case awaiting trial happening this June 2023. So the prosection is still pursuing charges off pretext phone call but all the actual evidence on our side defense never allowed into still. Lots of violated rights, due process, pre-admitting evidentiary discovery pretext phone and interrogation videos without advising the defense side. Stipulation clause violated due to improper procedure of admitting evidentiary discovery without notifying defense and just by that the motion should of been denied. As inadmissible. Plus the pretext call being recorded by police and having my daughter set up my husband to self incrimination breaks ethically his 5th amendment rights to counsel and no Miranda read since my husband didn't know phone call was recorded? So corrupt justice Utah 4th district court Judge Robert Lunnen is allowing it in trial. Because it's ok to admit in rape cases only but usually not allowed in other felony criminal cases at trial., Utah is by law actually allowed to use it in trial. Too much special privileges for Judiciary and prosecution to misuse and continue a case that has crap evidence but still unsure if our evidence that proves my husband's evidence is not allowed in trial. Oh my daughter recanted as well. So prosecutor misconduct, malicious and vindictively wanting to put away an innocent man. Prosecutor if knowing there is evidence by law should dismiss this case with prejudice and this case is based off miscarriage of justice to cause maleficence which the Judge and prosecution should be charged with. Again qualified immunity should not protect them from causing harm to my husband when they take an oath to do no harm????? Prosecutor Alex Redmond, aTony Graf and our judiciary Judge Robert Lunnen she be held accountable. Detective Scott Neilsen's misconduct failed at investigation and that is grounds for misconduct and violating Miranda rights. We need these corrupted officials and police be held accountable especially knowing they don't care about innocent man going to jail if jury finds him guilty but my husband might especially if our evidence isn't in motions to be allowed which is violates a defendant a right to a fair and unbiased trial under color of law. 

 

 

avatar of the starter
Tamara CassidyPetition StarterWife of husband fighting charges with false accusations of rape that my daughter is accusing him of. She has severe mental illnesses of BPD, PTSD, MDD, Hallucinations of distorted reality. Fighting since 2019. Utah County Courts unfair defense.

47

The Issue

Provo Police department needs to hold their detectives accountable. Detective Scott Neilsen arresting officer to my husband. Upon arrest at my husband's work, "He stated do you know why you are being arrested". My husband stated,"No". Detective Scott Neilsen stated, "You will know when we get to the police station no verbal Miranda read. Also during interrogation my husband signed a written Miranda waiver to talk to the Detective Scott Neilsen and my husband stated, "If I feel you are violating my rights I will let you know." So during interrogation, the Detective used the Reid Technique, which is basically misleading the suspect and causes incriminated statements. My husband stated at one point you are violating my rights and the Detective stated, "Oh I'm violating your rights".  At that point the Detective should of stopped the interrogation to clarify if he wanted legal counsel and he did not and continued the interrogation. That right that it violates Miranda and Brady Gigilo law. So by doing so the prosecutor should not be allowed to use in trial the interrogation but it's being allowed. Detective Scott Neilsen told my husband you don't get a lawyer. He also denied my husband his phone call and letting him use the bathroom at the beginning of interrogation but finally at the end of interrogation he let him go to the bathroom. Detective Scott Neilsen also told my husband he was going to interview his wife, (Me). Detective Scott Neilsen never did a full investigation only the pretext phone call that was also admitted late before trial breaking stipulation clause by not notifying the Defense side which just because of that pretext phone call and interrogation should be denied to be used at trial. Guess what Judge Robert Lunnen allowed it. Now due process under color of law broken, misconduct and allowing for a biased unfair trial with evidentiary discovery brought in late to not allow the defense to cross exam evidence. Detective Scott Neilsen also never investigated our side meaning defense, to get full story. He arrested my husband off probable cause affidavit of some incriminated statements but does not admit to anything. Detective Scott Neilsen also had misconduct by botched poorly investigated and did not get our side which if he did this case would of never went to trial. One year later more due process violations under color of law he charged my husband with Retaliation against a victim and or informant by a telephone call that was recorded while he was in jail August 12th, 2019, he stated the threats at pretrial were bad and warranted for the extra charge so 9/25/20, that charge was bogus my husband was in jail and was so upset after he read my daughter's deposition that he said,"I wish she was dead." Well 88 days in jail, got out by bail Oct 16th, 2019 and ankle monitor was placed and wasn't removed until Jan 6, 2021. No physical evidence, no hospital injury or anything that he even retaliated towards my daughter. That charge was a retaliatory and malicious charge a year later against my husband. Preliminary where we were supposed to show our evidence at that time, unknown to my husband our lawyer waived it to offer on the table. My husband did not sign anything or usually a Judge would talk to my husband to make sure he knew what waiving his preliminary would cause, well my husband did not waive anything. So last three and a half years our evidence has purposely been kept out and never shown. More due process violations under color of law violated. My husband also at beginning of interrogation asked for a lawyer two times. The detective did clarify at that time if he got a lawyer the interrogation would cease. My husband understood his rights and stated if my rights are violated he would let the detective know. So the interrogation began. My husband's detective walked out of the interrogation room and came back in, and told him his telephone call to his wife (Me), the jail personal would let him have his call and at end of interrogation the Detective finally let him use the rest room. My husband was booked into Utah County Jail on 7/18/19. Lots of due process violations continued, no lawyer appointed until first week of September. Then finally bail hearing was on 9/18/19, original bail 150,000 got reduced to 5k, which literally being poor was excessive due to my husband had no prior history of rape or distribution of meth to a minor. Charges, Rape x2, Sodomy and meth charge. Then one-year later a whole separate charge retaliation against a witness and or informant added. These charges are pretty serious and be basically prosecutor side has a crap case but using pretext call when my husband stated I'm sorry we shouldn't be talking about this. That is what he got arrested on, 88 days in jail 7/18/19-10/17/19. That statement was what he was trying to say, we shouldn't be talking about these false accusations and it was from admitting to rape. If Detective Scott Neilsen would of investigated our side he would of known that my daughter was with two friends (alibis) that were with her the whole night and was never in our bed. My husband's door was locked to our bedroom with his son sleeping his 6yr old. I can home from work and had to knock on the door to wake my husband up to get into our bedroom and there was no daughter in our bed like she claimed. My daughter was downstairs asleep in her room with both of her friends with her. My daughter claimed it happened around 0200-0300 early morning. My daughter's two friends have video of snap chat date stamped in official night showing her asleep. No rape happened. So if Detective Scott Neilsen would of investigated our side meaning defense this false accusations of rape and drug charge wouldn't have existed or no 3.5 yrs of long drawn out case awaiting trial happening this June 2023. So the prosection is still pursuing charges off pretext phone call but all the actual evidence on our side defense never allowed into still. Lots of violated rights, due process, pre-admitting evidentiary discovery pretext phone and interrogation videos without advising the defense side. Stipulation clause violated due to improper procedure of admitting evidentiary discovery without notifying defense and just by that the motion should of been denied. As inadmissible. Plus the pretext call being recorded by police and having my daughter set up my husband to self incrimination breaks ethically his 5th amendment rights to counsel and no Miranda read since my husband didn't know phone call was recorded? So corrupt justice Utah 4th district court Judge Robert Lunnen is allowing it in trial. Because it's ok to admit in rape cases only but usually not allowed in other felony criminal cases at trial., Utah is by law actually allowed to use it in trial. Too much special privileges for Judiciary and prosecution to misuse and continue a case that has crap evidence but still unsure if our evidence that proves my husband's evidence is not allowed in trial. Oh my daughter recanted as well. So prosecutor misconduct, malicious and vindictively wanting to put away an innocent man. Prosecutor if knowing there is evidence by law should dismiss this case with prejudice and this case is based off miscarriage of justice to cause maleficence which the Judge and prosecution should be charged with. Again qualified immunity should not protect them from causing harm to my husband when they take an oath to do no harm????? Prosecutor Alex Redmond, aTony Graf and our judiciary Judge Robert Lunnen she be held accountable. Detective Scott Neilsen's misconduct failed at investigation and that is grounds for misconduct and violating Miranda rights. We need these corrupted officials and police be held accountable especially knowing they don't care about innocent man going to jail if jury finds him guilty but my husband might especially if our evidence isn't in motions to be allowed which is violates a defendant a right to a fair and unbiased trial under color of law. 

 

 

avatar of the starter
Tamara CassidyPetition StarterWife of husband fighting charges with false accusations of rape that my daughter is accusing him of. She has severe mental illnesses of BPD, PTSD, MDD, Hallucinations of distorted reality. Fighting since 2019. Utah County Courts unfair defense.

The Decision Makers

Isaiah Martin
Isaiah Martin
My Son

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