BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF OREGON
For the DEPT. OF ENVIRONMENTAL QUALITY IN THE MATTER OF: MOTION TO DENY MODIFICATION OF NORTHWEST SHOT MANNUFACTURING, INC. ORIGINAL NOTICE AND ORDER AND DISMISS OAH Case No.: 800614
Please Take Notice that Larry Stockman owner of Northwest Shot Manufacturing is participating in this administrative hearing process under duress for fear of reprisals from DEQ and the administrative process itself.
Dear ALJ Gutman,
Your honor, I would respectfully ask this tribunal to deny Ms. Cutler’s motion or any attempt to change any part of the original Notice and Order that was generated from a compliance inspection conducted at NWSM, 1526 Camp Baker Rd, Phoenix, Oregon 97535, on November 1, 2006 by Ms. Susan Shewczyk and Lisa Freeman, both enforcement agents for ODEQ.
As I Have told your honor, all of the ODEQ officials involved in case # 800614, Jackson County District Attorney Mark Huddleston, and Jackson County Sheriff Mike Winters, Ms. Susan Shewczyk Lied when she gave false information to ODEQ in her drum count. She lied again when she stated what the drums contained and the amount they contained. She gave false information when she misrepresented the facts and put them in an official government document to be used as an accusatory instrument.
I believe that Ms. Shewczyk’s lies on her drum count was to place me in the category of Large Quantity Generator in order to elevate the amount of the fines I would have to pay and give ODEQ reason and justification for further actions and fines using (ORS) 465.260 as weapon to extort more money and exert more governmental control over me Larry Stockman and NWSM. I also believe she lied and misrepresented the facts of her actions when she stated department representatives meaning Ms. Shewczyk and Ms. Freeman observed approximately 119.900 pounds of waste lead pellets, waste lead pellets mixed with sand and/or soil, waste lead ash, fines and dross in approximately 218 fifty five gallon containers at the Facility. I also believe this lie was used not only to insure a larger fine but to support and bolster the first lie and false charges. I also believe Ms Shewczyk’s fraudulent actions have made Ms. Lisa Freeman an unwitting participant in this fraud and others culpable in other charges.
First of all, the pictures Ms Shewczyk submitted as evidence in case # 800614 clearly show using measurements of drum diameter, distance between fence post and gate width that Ms. Shewczyk’s drum count is over stated by approximately 100 drums. Using the same pictures submitted as evidence in case # 800614 again clearly shows that only one drum has been opened and all other drums are sealed. The truth is Ms. Shewczyk nor Ms. Freeman had any clue as to the amount or content of the drums in question, yet Ms. Shewczyk presented her knowledge of the drums content and amounts as fact in an official government document to be used as an accusatory instrument against me Larry Stockman and NWSM.
Your honor, the law is clear in fraud crimes, that if anyone manufactures or manipulates events, actions or numbers and presents them as fact for the purpose of taking something of value from someone to keep or to give to someone else that action constitutes fraud. Ms. Shewczyk’s lies and false statements made in the original Notice and Order gave her the ability to make very real threats against me Larry Stockman and NWSM. The threats were if I did not pay the $ 24.780.00 in fines and comply with her demands that ODEQ would compile a host of charges, services, penalties, interest and liens on my property until I admitted guilt and paid the fines and they have done so.
Your honor, the law is clear again if the threat of harm or injury to someone’s person, family, business, property or reputation is used to realize a monetary gain from the fraud, that the crime of extortion has been committed. There are other questions of a federal nature that may need to be answered, that if anyone uses the US Mail Service in any part of these crimes of fraud and extortion they may be guilty of the federal crime of mail fraud.
Your honor, Ms. Cutler was told from the beginning that Ms. Shewczyk had presented her with a fraudulent document in the form of a Notice and Order # 800614. In that same meeting in early 2007, I told Ms. Cutler if she tried to go ahead with this action against me using the lies in Ms. Shewczyk’s report, I would go through the hearing process and an appeal if necessary. Ms. Cutler’s answer to that was well Mr. Stockman, Ms.Shewczyk and I have been to court many times together and we have never lost a case.
The conversation between Ms. Cutler and I took place in the presents of Ms. Shewczyk, Don Camp, Curtis Chancler and two attorneys Chad Stokes and Jim Kincaid from the firm of Cable Huston. Your honor, I believe Ms. Cutler is being disingenuous when she states the amendments purposed by her hold no prejudice to respondent Larry Stockman or NWSM. Ms. Cutler’s motion to make changes in the wording and delete specific parts of a Notice and Order that ODEQ has chose to use for over a year as an accusatory instrument to bring Charges, fines, sanctions and liens against me Larry Stockman, NWSM and my property, while being told from the beginning that the document was so fraudulent and flawed that it did not meet any known standard needed to be used as a accusatory instrument is just unacceptable to me. Ms. Cutler’s purposed changes in the original Notice and Order is a transparent attempt of legal slide of hand and is nothing more than an obvious attempt to relieve Ms. Shewczyk and others from any criminal and civil liabilities that she may have created for them by her fraudulent actions in case # 800614.
Your honor, Ms. Cutler’s request to change the wording and delete specific parts of the Notice and Order in case # 800614 should be denied, it is not an attempt to correct a simple typographical error. The amount of change in drum count alone would be almost 100-55 gal drums, and the change in weight would be over 55 tons. I believe this nothing more than a transparent attempt to cover the fraudulent claims made against me by Ms. Shewczyk in her tainted accusatory document.
It is my belief Ms. Cutler’s hands are not clean in this matter either; she is a sworn officer of the court and has known or should have known from the beginning that every accusation contained in that document was false, overstated, misrepresented or just plan incorrect, and was so flawed it could not be used as a reasonable or truthful accusatory instrument to bring charges against me. I believe these changes are an admission that Ms. Shewczyk’s notice and order was flawed from the beginning. Even though the fruit of the poisonous tree doctrine is an extension of the exclusionary rule of tainted evidence in criminal cases, I would respectfully ask your honor and this tribunal to treat the fraudulent claims made by Ms. Shewczyk against me Larry Stockman as fruit of the poisonous tree and dismiss all charges, fines, liens or monies and interest that may have been incurred by the fraudulent actions of Ms. Shewczyk and brought forth in case #800614.
I would respectfully ask that they all be dismissed with prejudice.