Complaint Review: Madison County Nebraska - Madison County NB

Nebraska Civil Rights Movement

2217 Noah 67 Street

Lincoln, Nebraska 63505

Phone 402-465-0047

Janet Reno

via Fax 202-307-6777

United States Attorney General via Certified Mail

United States Department of Justice

P.0. Box 65808

Washington. D.C. 20035-5808

Phone 202-514-2000

Fax 202-3 307-6777

August 14,2000

Re: Written Complaint

Honorable Miss Janet Reno.

The Nebraska Civil lights Movement is requesting a Federal Investigation of Madison County, Nebraska for the following reasons:

1. Civil and Human Rights violations.

2. Law Enforcement Ineffectiveness.

3. Judicial System Injustices.

4. Drug Trafficking.

5. Lack of Due Process.

The Civil and Human Rights of untold numbers of people are being violated within the county of Madison Nebraska. The 1994 Roundup of Hispanics in the Norfolk area attests to this. It is not just Hispanics that are, being targeted in the state but all am law had their Constitutional Rights violated.

Law Enforcement such as the Nebraska State Patrol are refusing to produce documents requested. We feel the refusal to produce these requested documents under the Nebraska Revised Stable 84-712.01. reveals the records either to be altered, or destroyed. There are many incidents reported of Madison County Police Officers confiscating drugs, and using them personally This need to be investigated.

The Madison County District Judge. Richard Garden is known as a woman's Judge. The lawyers in the area tell their women clients to get their hair fixed, and to got a new, dress if they me to have Judge Garden as their Judge. This practice has been common knowledge in the area for 20 years. Am we to believe that a hair style, and a new dress is the basis for determining what is in the best interest of tile children in a custody trial. This is also a total violation of discrimination against my male that happens to be on the opposing side of a particular court proceeding.

The drug trafficking in the Madison county area is said to be the highest in the surrounding 6 states according to articles in several newspapers. We implore you to investigate these matters for tile good of the future of the children of the state of Nebraska

The Right of Due Process can not be upheld when the Judge of Madison County Presiding over the case in court. is asleep on the bench. Individuals have written many complaints an this matter. and have sent the complaints to different state agencies to find that the injustice as never been addressed, The Nebraska Civil Rights Movement has received approximately 100 written complaints train individuals on the violations of their First, Fourth, and Fifth Amendments to the Constitution of the United States of America. The Civil and Human Rights violations within the State of Nebraska have to conic to end immediately

The Justice Department has an obligation to investigate these matters brought forth by the people of the State of Nebraska. These injustices have gone unchecked for 25 - 30 years in some instances. The problems are getting worse. We the people of Nebraska are demanding to get help if we wish to have any quality of life.

If any additional information is required, please contact us. The Nebraska Civil Rights Movement is Completely willing to share with you the complaints that we haw compiled. Any correspondence can be sent to the National Civil Rights Movement - 1241 E. Broadway, Suite # 21 - Mesa Arizona 85204 Phone 490-649-5995.

For the people cry for justice 1, Rodney Francis Dittberner have written this complaint and it will be filed by the Nebraska Civil Rights Movement, as a violation of due process.

In the court system in the Madison County Nebraska area, [hem are no set rides that the District Judge Richard Garden, has to follow. Judge Garden rules the cases before him on the basis of his personal friendship, and the scare tactics that he and the local area lawyers use. If you are a friend of the Judge, or the lawyers, then the court proceeding will come out in your favor. If you are not a friend of these people, like the vast majority of people in Madison county, you are almost assured of not getting a fair trial. In my case, could not get a court date for met three years. I have witnessed Judge Garden sleeping in court, and I have had lawyers admit this to me.

I am going through a divorce protecting that started in June of 1994, and is still continuing as of this writing, August of the year 2000. The divorce started and my daughters wanted to live with me. The ex-wife did not approve of this arrangement, and started to use her power in the court and the legal must that I did not even know she possessed. Her power came from the fact that she was seeing Judge Garden in his chambers as they talked about the case, and as she had told me of this in the past. She attained power by sleeping around with local law enforcement officers, drinking and partying with the Madison County Attorney. Joe Smith, and the Madison County Sheriff, Vern Hjorth

I had trouble getting my lawyer (Bradley Montag) to be aggressive enough, and later he admitted that he was afraid of Judge Garden and that we should not make him mad by introducing evidence about child abuse against my ex-wife ( Monica Wisby)

My daughters. and I continued to have problems, and the Nebraska Health and Human Services; from Norfolk Nebraska failed to provide help. The ex-wife, Monies Wisby her now husband, Jim Wisby and Monica's parents, Marvin and JoAnn Pfeifer of Madison mentally, physically, and sexually abused both of my daughters. Health and Human Services; ( H.H.S.) took the reports and that was all I ever got from them. My oldest daughter had tried to call them on the phone on several occasions and the Case Worker (John Ullrich would hang up on her. The head supervisor of the H.H.S. Mrs. Joan Albin was the wife of the lawyer representing my ex-wife Mr. Ron Albin I stated. that this was a conflict of interest but no one listened to me. H.H.S. pulled my daughters from the ex-wife's home on visitation 1995.

1 went to two different adjoining counties, Pierce and Platte, for help from H.H.S. but we could never obtain my.

My next step was to go to the State Capital in Lincoln Nebraska where the State offers of the H.H.S were located. The reports were filled out, as well statements given in person by my daughters on the abuse. Once again nothing was accomplished. Many trips were made by me and my family to the State H.H.S which was approximately 125 miles one way.

I was starting to see: a trend where anything that my daughters and I had attempted was to fail but not due to our lack of facts, or information, but to the fact that the Court, H.H.S. and the lawyers were against one man and two little girls.

My ex-wife’s statement "as long as I am in Madison County- You will never get me in trouble". so far has been correct.

I then contacted the Nebraska Attorney, Generals Office. I filled out reports and spoke to Mr. Barry Wade and Mr. Kenneth Payne on several incidents of abuse of my daughters, and named those who had abused them. I was told that " the Attorney General's office will not get involved in Civil matters." I also reported to them my lawyer problem as my lawyer, Bradley Montag, did not appear for court, and left me to defend myself, and my daughters; on two separate occasions.

The Madison County Sheriff, Van Hjorth, has had relations with my ex-wife that I learned of after the start of the Divorce Proceedings. My daughters were on a visitation (I have had custody of my daughters for six years) in Norfolk. Nebraska at their mothers residence, when my oldest daughter was promised a severe heating, My daughter was scared of what they might do to her, knowing of her mothers and the new husband's drug habits She called 911. In that area the 911 call goes through to tile Sheriffs office in the City of Madison. No one responded. She called again, and the Norfolk police came and verbally i ratified my daughter. Later I obtained a copy of the transcript from the met to =1 tape of the 911 call. On the comments from the Sheriffs office was the statement " them probably was nothing going on. and that the father put the daughter up to it." Van Hjorths' officers never followed up on abuse charges of either of my daughters.

I have tried to file charges on my "-wife, but the Madison County Attorney, Joseph Smith, would never bring charges against her. One example was when the ex-wife was harassing my daughters and myself by means of using the telephone to call us as many a 50 times a day, to either swear at us, or to just hang up. I contacted the phone company, and they suggested using what they called a phone trap. I would write down the exact am, every time I got a call that I could not ideally, and even when I knew it was the ex- calling. Every night I was to call in to the phone company with the flat of ran that I was called throughout the day. Later the phone company indicated that they had enough infatuation to file changes on the ex-wife. They told me I was completely out of the process, and that they would contact the Madison County Attorney, Joe South, and the nuisance calls would be charged for phone harassment Joe Smith was contacted by the phone company, and he dropped the charges against the ex-wife, he then had someone from his office call and tell me that I was to come: to his office to take a the doctor test on the charges that the ex-wife had against her. I told the County Attorney's office to put this request in writing and said it to and I would proceed from there. They never did make a written request. Joe Smith has; never filed any of the charges I brought against the ex-wife or her family, such as the sexual abuse of my youngest daughter.

After three years of no help, I called the presiding Governor Ben Nelson. Mr. Nelson's office did call Joan Albin of H.H.S. S. in Norfolk and instructed her to help me with my situation' Joan did call but she knew just as I did, that the whole county was against me, and she would not help us in anyway

Madison County Nebraska is what they call a Good Ole Boy Society, where you have to be on the inside to survive or remain intact as far as you business and court proceedings go. Several lawyers told me that Judge Garden sleeps in court. The same lawyers have admitted to knowing of the drug habits of the Madison County Attorney, Joe Smith, as well as the Madison County Sheriff, Van Hjorth. There are lawyers who do not appear in court for their clients and Madison County Police officers confiscate drugs and then use them. It is amazing public health and safety is entrusted to these individuals. Additionally, some Madison Police officers who steal weapons from the evidence locker and sell them through the mail. Police reports are missing and files have been changed to keep the Good Ole Boys from getting into trouble.

The Nebraska State Patrol - Troop B - Norfolk, Nebraska has no record on file of my 10 to 12 visits to their office with drug information about the use, sale, and manufacture of methamphetamines in the house where my daughters had to go for visitation my ex-wife Mama Wisby, the girls mother. The State Patrol Undercover Drug Officer, Randy Moorehead took our information from us with no intention of ever of protecting my children and others from these drugs. He failed to protect my daughters because he knew of my ex’s involvement with the Madison County Sheriff. Van Hjorth. whom I also mentioned in the information meetings. Randy Moorehead told me after he find an unsuccessful walk through drug search at the ex-wife’s house at 605 South Tenth Street in Norfolk, Nebraska, that them seemed to be no drug activity. He did mention that he did find 25-35 packs of Sudafed products along with 25-35 bottles of vitamins above the sink, in a cupboard. My oldest daughter did later report of sighting jugs labeled Acid as well as tinfoil, a microwave oven, and a beam scale in tile grange at her mothers house.

I have line to the Governor of the State of Nebraska, Mike Johanns, to inform him of these problems. I stated that these issues needed his attention, and a meeting should be set up to address these issues. The official response from the Governor after learning that his Attorney General, his State Patrol, the Health and Human Services, and local Law Enforcement were corrupt, was to decline to have a meeting on these issues. It is the Governors’ duty to look into thesis allegations that could potentially harm the state if these types of actions continue unchecked . The Governor needs to be informed of the actions of the Attorney General and how other branches of the state are performing, as this reflects on the Governor’s image as well. The state needs a check and balance system, to safeguard that this type of problem does not continue in the future.

The widespread use of illegal drugs and drug sales to our children in Nebraska is appalling. There has been a law on the books for 50 years that them is to be no Marijuana, growing in the State of Nebraska. However, you can see marijuana growing in fields, ditches and force lines northeastern Nebraska. How can the state of Nebraska fight the drug problem effectively when the law are not enforced by those in power?

Them are many many people that have had their Civil and Human rights violated. It is not just: whites, blacks. or Hispanics that have had their constitutional rights trampled on but all people regardless of race, color or creed. Anyone who has had to face these aforementioned people and all the money that has been

put forth in thinking a fair and impartial hearing could be had, have been given a met and deceptive trampling of justice. The police officers and law enforcement that one should be able to trust are committing crimes larger than the ones they normally curtail in the line of duty. Then the Judges, and the Lawyers in court are protecting the officers and their criminal activity.

The last thing I would like to mention is the latest thing they haw done to my family. My fifth lawyer D. Kirk Wolgamott, of Lincoln) did not inform me when I had to appear in court. I tried to contact Kirk well in advance to ask him of the date, and he would not return my calls. He went to court to ask for a continuance and if he could not get one, he wanted off the case as my lawyer of record. I was not in court, as I did not and was not notified by my lawyer, so Judge Garden continued with out me and reverted custody to the mother who did not fight for custody ever 6 years ago. She had signed the girls over to me without a Custody Hearing. Does anyone in their right mind doubt for an instant that I would not attend a court date with important issues for the welfare of my children at stake? Common sense will answer the question as well as if you knew me personally. My children are as precious to me as my own life. It has been six years plus that I have been trying to get my girls away from a second-generation abuser with drug problems.

If this is the way Justice is to be. In the State of Nebraska, then them is no Justice.

Rodney France; Dittlberner Fourth Vice-president of the N.C.R.M. Nebraska Civil Rights Movement 2217 North 67 Street Lincoln, Nebraska 68505 phone 402-465-0047

cc: US Attorney of Nebraska. cc National Civil Rights Movement Headquarters