Case 1:14-cv-02627-ELH Document 61 Filed 05/02/16 Page 1 of 6

William C. Bond
Pro Se Litigation
P.O. Box 4823
Baltimore, Maryland 21211
443.970.2887
proselitigator@aol.com

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May 2, 2016
The Hon. Ellen Lipton Hollander via: Hand Delivery
U.S. District Judge
C/o Clerk of the Court
United States District Court for the District of Maryland
Baltimore Division
101 West Lombard Street
Baltimore, Maryland 21201
RE: Civil Action No.: 14-02627-ELH
Dear Judge Hollander:
1 ask that you treat this letter as a supplement to my amended motion to intervene.l
I write to you over great concern about newly learned events in the above-titled case.
1. On April 14, 2016, the Office of the State's Attorney for Baltimore City formally declined to
reopen the 'Tyrone West' case, citing no new evidence or information.2 Their announcement
speaks for itself.3
2. No doubt the First Amendment exists. That said, one proceeds at one's peril with any judge
when - once litigation is commenced - one goes outside of the law. Further, there is nothing in
this circuit to stop a judge from gaining a valid negative opinion of court participants derived
from their conduct either directly in court or from collateral events.
This case clearly presents such issues, such as why would the 'West family' protest outside the
City State's Attorney's Office every week for more than two years screaming all sorts of false
Please see: Docket no.: 59.
2 Please see: Exhibit no.: I, which may also be viewed here:
http://www .stattorney. org/media-centerlpress-releases/977 -statement -on -tyrone- west-case
3 The court should note that this announcement came exactly one day after movant's
intervention in this case.
1

Case 1:14-cv-02627-ELH Document 61 Filed 05/02/16 Page 2 of 6

rhetoric about justice, when clearly, in this court, the justice they pine for is being entertained.
And as we have said before, normally, counsel is willing & able to advise court participants that
such behavior reflects negatively upon them.
But, I doubt this court knows how far these matters have gone. While our amended motion to
intervene discussed the video of actual intimidation & threats against Baltimore City State's
Attorney Marilyn J. Mosby, it was only after my intervention in this case that other issues came
to light. For example, it now appears that protesters have been going to State's Attorney Marilyn
J. Mosby's home and scaring her young children.4 This conduct is simply outrageous.5
3. On April 30, 2016, The Baltimore Sun published a news story titled "Report: Heart
condition didn't cause Tyrone West's death in custody" by Juliet Linderman of the
Associated Press.6
This purported news story masquerading as a press release for the 'Tyrone West family' breaks
so many rules of journalism it boggles the mind.7 Here are a few examples:
a) The title ofthe story is false. There is no 'report' stating Tyrone West's heart
condition did not cause his death. The news story's cited document is nothing but a
fictional revision of the plaintiffs' "expert witness" averment, which simply stated the
required tort lawsuit 'magic words' in just two (2) short pages of fluffery8 so as to legally
disagree with the eleven (II) page official autopsy report of the State of Maryland's
Office of the Chief Medical Examiner.9
b) The story's lead photo also gives a false impression and reinforces exactly why the
relief requested in the amended motion to intervene should be granted: The picture

4 Please see: Exhibit no. 2 at page 2, which can also be viewed here:
http://www.baltimoresun.com/news/mary
land/baltimore-city /bs-md-ci -mosby -protesters-clash20l604l4-story.html
5 It also clearly shows the continued escalation of events, and that the plaintiffs in this
matter do not understand the difference between public & private lives.
6 Please see: Exhibit no.: 3, which can also be viewed here:
http://www.baltimoresun.com/news/marvland/bs-md-custody-death-20l60430-story.html
7 Please see: The Society of Professional Journalists, Code of Ethics, at this lillie
https://www.spj.org/ethics.asp
8 Movant has made up this apt word. Hopefully, it will become the new 'scintilla' and
make it into Bryan A. Garner's next book.
9 One really wonders how far the plaintiffs had to search in order to find anyone who
would support their position when they had to scrape the bottom of the barrel to find an 'expert'
from a small hospital in the smallest county in New Jersey who basically advertises 'say
anything' services for large sums of money on his personal web site, which can be viewed here:
http://www.drbillmanion.com/

Case 1:14-cv-02627-ELH Document 61 Filed 05/02/16 Page 3 of 6

prominently shows a sign saying: "Killer Police!,,10

c) The first four paragraphs of the story seek to rewrite the known chronological facts of
what happened to Tyrone West as described by the judicially uncontested 'IRB' Report,
particularly the length and degree ofMr. West's resistance to arrest. These omissions are
purposeful and designed to influence the public.
d) Timeliness: The subject of this story and its journalistic newsworthiness is based upon
one thing: The Plaintiffs' opposition expert opinion to the state's autopsy report produced
in November 2015. But how does the AP's professional journalist get around this hurdle?
Not surprisingly, the purported news story tells us. Plaintiff Tawanda Jones was just
'made aware of it [the expert opinion) last week,'! I even though she would have had to
have approved of and paid for the expert witness in advance, and also that his 'expert
opinion' is the entire molehill her case is based upon ... 12
e) Most troubling, the reporter of the story tips her hand as to how this story was
ultimately fabricated. It is a clear rule of journalism that 'sources' must be accredited.
Tellingly, Mr. West's sister is prominently featured as the story's primary subject. The
story also stated that two representatives of the defense in this case declined to make any
comment - which is considered the standard for parties in litigation. But, notably absent
from the story is any statement that plaintiffs' counsel was interviewed, declined to be
interviewed, or spoke off-the-record. The reason for this is clear: Reporter Linderman
won't go that far down the unethical journalistic road, as clearly Mr. Pettit and/or his cocounsel were heavily involved in the fabrication ofthis story. For, if they were not, why
would the reporter not just simply say, as others did, that they declined comment?
The court must be aware that convincing a professional news reporter to write a news story about
actual news takes much 'pitching,' as they call it. It is not like a random crime story, which is
time dependent, or restaurant reviews, which sell themselves. No doubt, stories such as these
'news stories' take reporters, editors, more editors, staff meetings, etc. Therefore, the court
should look closely at how seemingly worried the plaintiffs - and their supporters - were about
movant's intervention in this case that they went to all this trouble to attempt to influence this
court via the press & public opinion.
Certainly, if not already far over the line, this case has cut the razor's edge of sanctionable
attorney misconduct under the Maryland Rules, which the Maryland district court adopts. This
10While clearly, The Sun has used the AP as their surrogate for this story, as the story is
so unethically sound, they still produced & supplied the subject photo.
II Tellingly, the reporter fails to accurately attribute the prime quote -- by quotation
marks -- in the whole story to Ms. Jones. This court should give a lot of weight to that
journalistically impure sleight of hand.
12 Movant generally abhors gambling, but he would bet the house Ms. Jones cannot pass
a lie detector test on this fantastical fabrication.
3

Case 1:14-cv-02627-ELH Document 61 Filed 05/02/16 Page 4 of 6

movant therefore asks this court to take the next step, to hold a public hearing, and to put reporter
Linderman, and others, upon the stand.13 If plaintiffs' counsel was indeed behind this story and
went to overt efforts to hide their involvement, they should then be referred for disbarment
proceedings for unethically attempting to coerce & influence a court in a pending case.
In closing: We renew the relief requested in our amended motion to intervene. We also now ask
the court to take three (3) additional new steps, two of which are based upon its inherent power.
See, United States v. Shaffer Equip. Co., II F3d 450 (4th Cir. 1993):
(I) We ask that the court investigate to determine whether plaintiffs' attorneys were unethically
involved in the fabrication of the subject news story, which both falsely portrays and seeks to
influence this action, and, if so, refer the attorneys to the court's disciplinary and admissions

14
committee.
(2) Baltimore City State's Attorney Marilyn J. Mosby appears to be the continued victim of
extreme harassment and threats from the plaintiffs, and their surrogates, in this case. As stated in
exhibit number two, SA Mosby is in a very difficult political position. This court's inherent
power can also be used to protect a public official unable to fully protect herself, and whose
interests are clearly subject to & collateral to this action.15 Therefore, the court can and should
use that power sua sponte to protect SA Mosby & her young children by ordering art injunction
against any demonstrations/ protesting/ harassment, etc., within a designated area around SA
Mosby's home for as long as she holds public office. 16 In the alternative, the court should hold a
separate hearing upon that matter. 17
Finally, (3) the court should also resolve in their final opinion on this matter, as it is so contested
in Baltimore City at this very moment in time, that there is a clear and assumed risk, and
voluntary waiver ofliability, should any criminal arrestee not comply with reasonable police
procedures: 18 Certainly, a few judicial words about the common activist fantasy that provoked
There is no such thing as a federal reporter's privilege.
Please see: Local Rule 705.
15 Ms. Mosby's position is far different from that of USA Rod J. Rosenstein, who is a
presidential appointee, and thus not reliant directly upon the common man's opinion.
16 Any injunction should have the teeth of federal enforcement by the Federal Protective
Service ofDHS.
17 We state again that, while we are no friend or political proponent of Ms. Mosby or her
greater policies, both her important office must be respected and for any mother & her young
children to suffer the direct insult that they have in their own home for such a long time is a total
& gross violation of a basic civil right.
18 It must be said that both the 'West family' & their "expert witness" invent, both in court
filings and in the press, Mr. West's moral & physical fitness qualifications. First, neither address
that he was a physical drug addict, nor that he constantly committed moral turpitude by selling
drugs to & intoxicating his friends, fellow race members, and/or his greater community. Nor is
there any mention of the 'concerned family' ever doing anything whatsoever to get Mr. West off
13
14

Case 1:14-cv-02627-ELH Document 61 Filed 05/02/16 Page 5 of 6

violent encounters with the police should be conducted as ballets would also be poignant.
"Whenever physical force is employed in police-citizen
encounters, there is always a risk of serious injury and, potentially,
death. The law authorizes police officers to use only that force
necessary to overcome resistance, defend themselves and others,
and affect a lawful arrest. The IRB finds that the officers did not
employ force beyond that which was necessary and reasonable to
subdue an unusually strong and well-muscled suspect who was
resisting a lawful arrest. The officers involved used less-than-lethal
weapons and defensive tactics to attempt to control, restrain, and
arrest Mr. West.,,19
Thank you very much again for your consideration.
I hope this letter finds you to continue to be well.
Very truly & respectfully yours,

William C. Bond
cc: The below parties were all served this filing via email this day,
A. Dwight Pettit
Allan B. Rabineau
Latoya Andrea Francis-Williams
Michael L. Marshall
Chaz Romeo Ball

of drugs, to stop selling drugs, to get out of the revolving prison door, or to doing anything else
to get his life in order as an alleged' 44-year-old-grandfather.'
Importantly, there is zero evidence that Mr. West was in top, or even good, physical
condition, such as, for example, the type of condition any high-level tennis player, basketball
player, recreational boxer or MMA fighter, and/or active-duty National Guard officer would
have to maintain, both aerobically & anaerobically, to be able to last a 3-minute round of combat
with the police in 100 degree heat, let alone the several rounds of same any highly trained athlete
would be used to, and which Mr. West voluntarily entertained with the police.
In sum, while Mr. West was the same height & weight of NFL legend Ray Lewis,
there the similarities ended; as he was most likely 30-40 pounds overweight and grossly out of
shape from an aerobic standard. And clearly, Mr. West's cocaine addiction did not improve his
circumstances.
19Please see: Docket no.: 55-10 at page 41.
5

Case 1:14-cv-02627-ELH Document 61 Filed 05/02/16 Page 6 of 6

Thomas Faulk
Ashley Elaina McFarland
Dorrell Antone Brooks
Kristen Elissa Hitchner

The Baltimore City State's Attorney's Office - Statement on Tyrone West case

Case 1:14-cv-02627-ELH Document 61-1 Filed 05/02/16 Page 1 of 1

Page I of3

Menu

Statement on Tyrone West case

For Immediate Release 4/14/16
We send our deepest condolences to the family and friends of Mr. Tyrone West.
While we understand the magnitude of their grief, after carefully reviewing three prior
separate investigations, including an independent investigation, there has been no
new evidence or additional information that would lead us to re-opening this case."
--Office of the State's Attorney for Baltimore City

http://www .stattorney. org/medi a-center/press- reIeases/977 -statemen t-on -tyrone- west -case

5/1/2016

Marilyn Mosby hears criticism from police, activists - Baltimore Sun

Case 1:14-cv-02627-ELH Document 61-2 Filed 05/02/16 Page 1 of 5

News I Maryland

I Baltimore

Page 1 of 5

City

Marilyn Mosby hears criticism from police,

activists

Baltimore State's Attorney Marilyn Mosby has left early dUring consecutive public appearances
protestors. (Karl Merton Ferron/Baltimore

By.J ustin Fenton.

after being interrupted

by

Sun video)

Contact RepOl.ter

The Baltimore Sun

APRIL 15, 2016, 8:29 PM

. :>

altimore State's Attorney Marilyn J. Mosby rocketed to national fame last year when she

. ~

charged six city officers in the death of Freddie Gray - a move that won her a reputation

tough-on-police

as a

reformer.

But during public appearanees

in recent weeks, the 36-year-old prosecutor has found herself being

shouted down by protesters criticizing her handling of some cases and what they say is a lack of
transparency.
She further angered activists this week when she announced that her office wouldn't reopen the ease
of Tyrone West, the Baltimore man who died in police eustody after a traffie stop in

http://www.baltimoresun.com/news/mary

2013.

landlbaltimore-ci tyIbs-md -ci-mosby -protesters-cIa...

51I12016

Marilyn Mosby hears criticism from police, activists - Baltimore Sun

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Mosby, who took office in January 2015, defended her actions in an interview with The Baltimore
Sun.
"I think we've been very transparent

with our administration

when it comes to accountability

and

applying justice fairly and equally to everybody," she said. She said she is prohibited from discussing
decisions in pending cases.
She added a request for protesters:

"As a mother of a 5- and 7-year-old, I would appeal to them to

stop coming to my house, because it's scaring my children."

The city's top prosecutor walks a tightrope: She has to balance working with police and investigating
police misconduct, and her pledges to reform the criminal justice system with locking up criminals as
violence in the city continues to spike.
She's now getting criticism from both police and the community. The police union complained this
month that her office had treated officers who shot an armed father and son like criminals. More
recently, activists complained that she had not questioned police in shooting investigations

before

clearing them.
A group of activists, who say Mosby embraced their support when she ran for the job in 2014, say she
now needs to be more open to discussing decisions around cases.
"She very tightly controls what community response she receives," Christopher Comeau, 28, said
outside a forum on public safety Wednesday night.
"It's difficult to live up to the expectations and the hopes that she built up in this city - when she
stood on those steps [ofthe War Memorial to announce charges in the Gray case] and said that
justice will be served - when she doesn't make herself available to unfiltered criticism."
The protesters have focused on the prosecution of Keith Davis Jr., a 24-year-old man who was shot by
police in Northwest Baltimore last June after he allegedly robbed a hack driver. He has maintained
his innocence, and supporters were encouraged when ajury rejected all but one ofthe 21 charges he
faced.
Still, that one conviction, on a firearms charge, carries a mandatory five years in prison, and he has
since been charged in a killing that occurred the day he was shot.
Police say ballistics matched a gun found on Davis to the one used kill 22-year-old Pimlico Race
Track security guard Kevin Jones. Davis' supporters question the evidence.

http://www.baltimoresun.com/news/mary

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Marilyn Mosby hears criticism from police, activists - Baltimore Sun

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Some activists, encouraged by Mosby's decision to bring charges in Gray's death, have urged her to
reopen controversial deaths in police custody that occurred before she took office.
City Councilman Warren Branch, who chairs the council's public safety committee, called on Mosby
last year to give a fresh look at three high-profile cases - including the death of West.
West, 44, died in July

2013

after a traffic stop in Northeast Baltimore. Police say he fought with

officers, and the medical examiner's office ruled that he died because he had a heart condition that
was exacerbated by the struggle and the summer heat. West's family says officers beat him to death.
An independent

panel determined that the officers did not use excessive force, but it found that they

did not follow basic policies and made tactical errors that "potentially aggravated the situation."
Mosby said this week that a review by her office turned up nothing "that would contradict the
conclusion ofthe prior administration."
"I have no intention to reopen that case," she said. She said she would revisit the case if new evidence
arose.
West's sister, Tawanda Jones, who has been protesting his death every Wednesday for three years,
said she is working to find such evidence.
"I want to see what she'll do," Jones said.
The activist group Baltimore Bloc slammed the decision: "It was the family of #TyroneWest that got
[former State's Attorney Gregg] Bernstein out of office (& @MarilynMosbyEsq

in) & it will be the

same family to take her out," the group tweeted.

Mosby left a community event in Northeast Baltimore abruptly Monday evening after activists began
shouting questions. Video footage shows her staff grabbing Comeau after he made a move toward the
stage.
He said was not rushing the stage but trying to take a seat on a nearby step.
Mosby appeared Wednesday night at the Impact Hub, a co-working and event space in Station North,
for what was to be a discussion of public safety.
She arrived with three security guards and other staff members, who asked if the protesters could be
removed before the event. Organizers declined but asked the activists to be respectful.

http://www.baltimoresun.com/news/mary

landlbaltimore-city Ibs- md-ci -mosby -protesters-c la...

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Marilyn Mosby hears criticism from police, activists - Baltimore Sun

Case 1:14-cv-02627-ELH Document 61-2 Filed 05/02/16 Page 4 of 5

Mosby showed the crowd a video that walked through the accomplishments

Page 4 of5

of her first year in office,

highlighting high-profile convictions and her community programs. Then she spent about 40 minutes
discussing her priorities as state's attorney before inviting questions from the audience.
Abdul Salaam, a Northeast Baltimore man who was awarded $70,000 by a civil jury recently over
claims that he was assaulted by police in 2013, asked Mosby what she was doing to hold officers with
repeat misconduct complaints accountable.
Mosby appeared to make an oblique reference to the charges against the officers in the Gray case.
"I think what we're attempting to do - 1 think the message has been sent," she said. "And 1 still get
the backlash."
Davis' fiancee then stood up and referred to Mosby's remarks about reforming the criminal justice
system.
"You're talking about the community issues, but you're a part of the problem," Kelly Holsey said.
"You're holding these men ... under charges and evidence that you don't have, anticipating

that they

will take a [plea] deal. ...

"You talk about ripping families apart - you keep these men locked up with little to no evidence."
Davis' supporters

say they have been calling, writing and visiting the state's attorney's office to speak

with prosecutors about his case.

"We've attempted on multiple occasions, in a very civil manner," said Payam Sohrabi, 26, Baltimore
Bloc organizer. "They know exactly who we are, and they're not making any genuine effort to be
accountable or be transparent

about this investigation. What are we left to believe, and how are we

supposed to go about asking these questions?"

At Monday night's event, Sohrabi asked Mosby how police officers could be cleared in investigations
without giving statements,

as happened in the Davis case and others.

"Do you know anything about the Fifth Amendment?

1 hope you do," Mosby said. "Any subject of a

pending criminal investigation does not have to speak to [investigators].

is still required to conduct an independent

The state's attorney's office

investigation .... And what I'm telling you is that took

place."

http://www.baltimoresun.com/news/mary

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Marilyn Mosby hears criticism from police, activists - Baltimore Sun

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Mosby faced criticism from the other side when the police union said prosecutors

Page 5 of 5

had officers

videotaped refusing to answer questions after the shooting of the father and son at Greenmount

and

North avenues.
In the past, the union's longtime attorney said, a discussion between prosecutors and his office was
enough when an officer decided against speaking to investigators.
In a biting statement, the union said Mosby and her "underlings ... continually flaunt what they
believe to be their prowess, despite the fact that time and time again the incompetency

of their

actions [bears] no resemblance to reality."

After Mosby left Wednesday's event, one of her assistant state's attorneys sat with Holsey in a side
room and heard her concerns.
"I certainly understand

and appreciate the emotional impact that something like this could have on a

family," Mosby said. But, she said, "the individual has been convicted, and is now charged with
murder."
j.fell to n (iv
. bottSUll.CO m
Copyright@2016,

The Baltimore Sun

This article is related to: Crime

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Page I 01'3

Report: Heart condition didn't cause Tyrone West's death in custody - Baltimore Sun

Case 1:14-cv-02627-ELH Document 61-3 Filed 05/02/16 Page 1 of 3

News I Maryland

Report: Heart condition didn't cause Tyrone

West's death in custody

T<iW3nda Jones. sisler of Tyrone West (second from left). who died while
protest the death of FreddIe Gray who was In police custody

By .Juliel

111police

custody

In

2013. lahes rail

In tile

march to

(Kim Hairston J Baltimore Sun)

Lilluel"Tnan

The P.Ssocl8ted Press

APRIL 30. 2016, 6:51 PM

man died after a struggle with Baltimore police officers in

and not because of a heart condition as the department's

2013

because he couldn't breathe,

independent

review board

concluded, according to a new forensic review of his autopsy.

The man's family hopes it will prompt the city's top prosecutor to reopen his case.
T}Tone West, 44, died after being arrested during a traffic stop on July 18, 2013. West was pulled over
for backing down the street into an intersection, according to the report.
After officers asked West to get out of the car, they noticed a bulge in his sock and suspected drugs. A
bag recovered at the scene turned out to contain cocaine. The officers said they chased West, and he
was ultimately tackled to the ground. When West died, he was in handcuffs.

http://www.baltimoresun.com/news/marylandlbs-md-custody-death-20160430-story.html

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Report: Heart condition didn't cause Tyrone West's death in custody - Baltimore Sun

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An autopsy revealed no serious injuries or signs of asphyxia, and the officers were not charged in
West's death. The department's

Independent

Review Board said in an August 2014 report that West

"died of Cardiac Arrhythmia due to Cardiac Conduction System Abnormality complicated by

Dehydration during Police Restraint."
According to the medical examiner, another contributing factor may have been "the extreme
environmental

temperatures."

But the West family, including West's sister, Tawanda Jones, has held weekly demonstrations
for a renewed investigation into his death. As part of a multimillion-dollar

calling

federal lawsuit against

officers from the city and Morgan State University, her attorney, D\\~ght Pettit, hired Dr. William
Manion to conduct an independent

forensic investigation.

Manion, the chief of pathology at Memorial Hospital of Salem County in New Jersey, is a designated
forensic pathologist and medical examiner in that state. His report, submitted to the court in
November, concludes that West suffocated, contradicting

the assertion that West died of a heart

condition.
"I do not believe that the cardiac conduction system abnormality made any significant contribution

to

Mr. West's death," Manion wrote. "There is no evidence of cardiac disease, fainting or sickness due to
any cardiac conduction system abnormality prior to his death."
Manion wrote in a two-page preliminary report that "the main cause of death is the fact that he was
restrained in such a way that he was unable to breathe." Manion called it positional asphyxia.
Although the report was filed in November, Jones said she was made awarc of it last week, shortly
after State's Attorney ~larilYTl,\10,1" declined to reopen the case. Mosby said in a written statement
that she couldn't reopen the case because "there has been no new evidence or additional
information."
But Jones hopes the report \\~ll sway the city's top prosecutor to reconsider. She wants Mosby to sign
off on a request to exhume West's body and conduct an independent

autopsy.

"When I spoke to our state's attorney, she said even though she couldn't do anything now, she said if
anything new develops she'll be more than happy to sit down with my family, and that gave me hope,"
,Jones said. "This is definitely new information, and something needs to be done."
Rochelle Ritchie, a spokeswoman

for the state's attorney's office, declined to comment.

T.J. Smith, a spokesman for the Police Department, said he could not comment on pending litigation.

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5/1/2016

Report: Heart condition didn't cause Tyrone West's death in custody - Baltimore Sun

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Copyright @ 2016, The Baltimore Sun

This article is related to: Medical Research, Crime, Marilyn J Mosby

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