Joseph Putallaz
Judge Paige Hien Courtroom 2/4
Sonoma County Superior Court
600 Administration Drive
Santa Rosa, California 95403
Joseph Putallaz
14233 Lovers Lane, Cabin A
Guerneville, California 95446
(369) 214-4488
putallazjoseph@gmail.com
Case #23cr03127, #24cr00229, #24cr06130
June 12, 2025
Motion for Evidentiary Hearing
Motion for Plea Withdrawal
Motion for Expungement
Your Honor,
Today's matters of 24cr06130 and 24CR00229 are tailing and directly related to the case number 23CR03127 due to the chain of events stemming from Deputy DA Jonathan Bertz’s issuing of an arrest warrant leading to my being detained, searched and arrested by the Sonoma County Sheriff's deputies on January 4, 2024, approximately one year ago. The arrest warrant issued charged me with three counts, 368 (d), 368(e) and 487(a) stemming from a report taken 5 months prior to the January 4th 2024 arrest by Deputy John Fomasi of the coastal division of the Sonoma County Sheriff's office. As the investigating officer, as was put on to court record during the probable cause hearing on July 9th of 2024 of which I have the transcripts of that hearing on my person, Deputy Foamasi ignored the basic elements of any 368 cases. Deputy Fomasi has never read statute code 368 or 368.5 or 368.6 or the wellness and institutions code. These codes clearly define the requirements for advanced training of any investigating officer, agent or deputy prior to attempting to investigate any 368 cases involving an elder, adult with disabilities or dependent adult. Lieutenant Brent Kidder of the Sonoma County sheriff's office was notified of these requirements as well as the agency requirements to provide set training to their deputies by means of procedural policies on protocol outlined under 368.5 and 368.6 guidelines. Lieutenant Kidder and Deputy DA Jonathan Bertz have been notified multiple times of these requirements by means of a formal complaint filed with Mr John Alden the director of the Iolero. Lieutenant Kidder has been instructed to investigate the report by the witness for the prosecution, Teresa Hagle. Lieutenant Kidder has also been asked to provide the training record of Deputy Fomasi. Coastal deputies are trained in environmental protection and abalone poaching, not for cases involving elders, adults with disabilities or dependent adults. Wellness and institutions codes require cross reporting and an interagency investigation as well as a certified medical release statement from the physician of any 368 alleged victim witnesses stating the significant disability diagnosis as the alleged victim witness for the prosecution, Ms Hagel is not an elder nor is she housed in a 24-hour Care facility. These are the absolute requirements to qualify as a 368 case. Deputy DA Jonathan Bertz has also never read 368 or 368.6 or 368.5 or the wellness and institutions code on cases involving elders, adults with disabilities or dependent adults and the agency and prosecutorial elements that must be met, or he would have never taken this case as a 368. The elements of investigation for a 487 (a) case require a value chain of items proven to be stolen which add up to $950 in order to prosecute as a 487 (a) case. During every arrest and pre-trial probation search, including both of my vehicles being searched, impounded and lien saled, no item was ever found on my person or property to belong to the alleged victim witness for the prosecution. Not one item, let alone a value chain of items adding up to $950. Deputy DA Jonathan Bertz has been actively and knowingly prosecuting a case against me for 19 months and has not met any required elements of investigation or evidence necessary to prosecute these felonies that I have been charged with. The misdemeanor charges tailing all a direct result of the events, charges, warrants, searches and arrests including pre-trial probation violations. This chain of events is due to Deputy Fomasi ignoring the elements of investigation of a 368 case he was never trained for and DA Jonathan Bertz ignoring the reading and complying with 368, 368.5, 368.6 and the wellness and institutions code outlining agency and prosecutorial elements. On Tuesday the 21st of January 2025 I read this information on to misdemeanor Court record transcripts and today I am putting this information on to felony court record transcripts. During the 6 months of pretrial probation and near the 200 days credited of excessive pretrial confinement and incarceration in an attempt to gain a forced flea conviction, Deputy DA Jonathan Bertz and court appointed conflict counselor Mr Elliott Taylor have both purposely withheld exculpatory evidence and documents showing favorably to the defendant as outlined under 82.05 2 and 83.04 2 and have each violated my constitutional right to a fair and speedy trial under 60.02 as has judge Dana Simons by the granting of a competency test motion made by Mr Elliott Taylor while acting as my defense counsel, without substantial grounds as required under the code for competency outlined on page 3 of 84. In response to these blatant violations of my constitutional rights, I have filed a 28 USC 1915 lawsuit naming Mr Elliott m Taylor for violating 80.02 effective council and 60.02 speedy trial and deputy Da Jonathan Bertz for falsifying witness statements on Discovery information of which I have on my person and backed up in the cloud, withholding evidence provided to him and violating my constitutional right to a fair and speedy trial under 60.02 2 by seeking to gain a tactical advantage over the defendant by use of excessive pretrial confinement and incarceration. Judge Dana Simons is named for violating my right to a fair and speedy trial under 60.02 by granting a competency delay of my proceedings without grounds and violating rules of court 8.11 by not being present through my proceedings until completion as required and as she promised during the probable cause hearing of which I have the transcript on my person showing these facts. It is my right to ask that all of these charges be set aside based on the information read into the court record on Tuesday the 21st of January 2025 and the information read into the court record today. All of this information has already been filed with the Sonoma County Superior Court clerk recorder's office and the Iolero. Lieutenant Kidder has investigated the Iolero complaint and produced his agency's findings on that investigation. While he has not provided the training record of Deputy Fomasi or his agency's protocol he has provided the administrative answer in a letter regarding the investigation into the report taken by Deputy Fomasi from Teresa Hagle. The administrative answer to the allegations of theft claimed by the victim witness for the prosecution is that they are unfounded and untrue. It is my constitutional right to ask that all of these charges be set aside based on the information submitted to the district attorney's office and read into the court transcript today. All of this information has already been filed with the Sonoma County Superior Court clerk recorder's office by means of IRf’s from the main Adult detention facility process and courtesy copies have already been sent by certified IRF’s from the main Adult detention facility process to the district attorney's office, judge Dana Simmons and to judge Paige Hiem by US postal service Mail. I'm now asking to make those motions to the court. Motion to set aside all charges including 368 (d), 368 (e), 487 (a), health and safety 11364 (a) and health and safety 11364 (a). This motion also includes any failure to appear charges and probation violations stemming from these charges as well as the write-up violation I received while incarcerated. I'm also asking to make a motion for expungement of my visible record of any and all events, warrants, searches, arrest, probation, probation violations, failure to appear, jail time and jail related write-ups. I am requesting these items be sealed as the results of the investigation show my innocence.
The information provided here is true and correct under penalty of perjury.
Thank you your honor,
Joseph
Putallaz
March 8th 2025