Fighting the Restraining Order:

On March 12th 2003, John Webster was served with a Temporary Restraining Order with Notice of Hearing. It seems that the system equates "The Free Speech of notifying people working at the SJ Police Department that they have a Bad Cop in their midst" to "Harassing a City employee at her place of employment". The case # is CV815401 out of the Superior Court at 191 North First, San Jose California. On July 25th of 2003 Judge Thomas Cain ruled that Mr. Webster’s actions justified the permanent (3-year) restraining order. The appeal of that ruling, done Pro-Per for lack of money, is case #H026491 in the Court of Appeal, sixth appellate district.

Click here to skip to Appeal.

In the initial hearing Attorney Anthony Boskovich, was affirming that Mr. Webster had the right to notify the City of San Jose, the Police Department, and the public in general using all means possible, that there was "Organized Criminal Activity" in the San Jose Police Department and that Lt. Herbert participated in that illegal activity. And that giving such notice does not constitute "Harassment" of the guilty parties.

Initially Lt. Brenda Herbert, who was involved in the falsifying evidence during the "Law Enforcement Scam", was served with a subpoena to give a deposition concerning the above alleged harassment and concerning her part in that 1990 falsifying of evidence.

The San Jose City Attorney went to a lot of expense to quash that subpoena, apparently knowing that he had to prevent Lt. Herbert from revealing information that could shake up both the S.J. Police Department and S.J. City Hall. This seems to indicate that both the Police Administration and the City Attorney’s office have been aware for some time, that the accusations made by Mr. Webster concerning the Organized Criminal Activity of the San Jose Police Department back in 1990 are true. The City Attorney’s Motion to Quash the subpoena was successful at the June 13th hearing. This shows that Judge Thomas Cain’s concern is protecting BAD COPS by "interpreting the law anyway he can" rather than "seeking real Justice".

One background note: Mr. Webster had specifically targeted much of his Free Speech at the Police Department itself. He drove his billboard truck for hours at a time around the Police Admin building and occasionally parked across the street from that building or across from parking lots used by the police where he knew that many police officers would see the signs. It was Mr. Webster’s firm belief and hope that there are many good police officers that want to be proud of their Police Department, and that those officers after seeing the signs and possibly viewing this web-site would also demand that those accusations be answered with an investigation into the 1990 events to determine the truth. The spin placed on this by the City Attorney (as seen in the arguments below) is that this parking across the street was a key part of the "Stalking" of Lt. Herbert.

In the original hearing, the arguments for and against allowing Lt. Herbert to be deposed:

The San Jose City Attorney’s argument -- PDF Format.

Attorney Boskovich’s argument for Mr. Webster -- PDF Format.

Rebuttal by San Jose City Attorney. -- PDF Format.

After reading these arguments, it is clear (to the most causal reader) that what Lt. Herbert and The San Jose City Attorney are really terrified of is the possibility that she might eventually be forced to tell the truth about the past. That truth would destroy her career and could involve the City in a massive lawsuit.

One noteworthy event occurred during the June 13th hearing with Judge Thomas Cain. The Judge finally accepted the fact that because the City had checked off the "Defendant has Stalked" box in its original Injunction papers, that he would have to allow defense a limited deposition from Lt. Herbert. But instead the Judge allowed the City to retroactively un-check that box in the filed papers. Talk about a Judge that caves in for the "Powers that be" instead of seeking real Justice.

It is interesting to note that the City Attorney characterizes Lt. Herbert, a command level police officer in the SJPD with 28 years of experience, as a wimp who could be frightened by harassment, into giving a false confession. No, instead she probably is level headed and willing to stand up for herself, willing to stop taking the fall for a corrupt police department, and willing to admit the falsification of evidence that was rampant in the past.

Any public outrage at the City of San Jose and its Police Department, for seeking to prevent the truth from being told would be much appreciated. Please call/fax the City of San Jose, its Major (408-277-4237), or Chief of Police Robert L. Davis (408-277-4212) to speak your mind. All will help.

      Thomas Cain pushes our Government one step closer to Collapse.

The self-destructive tendency of a government that is going bad is to further squelch descent and to gag the messenger of doom. That action further seals the fate of that government. This is like plugging the leaks of a pressure cooker that is about to blow. The exact opposite needs to be done to relieve that pressure.

To save our Government, what this means is that Demands for Redress of Grievances need to be answered, accusations of police misconduct need to be investigated, and laws need to be changed to respect the rights of the citizen. And above all, the Right to Free Speech (particularly of political decent) must be sacred.

On July 25, 2003 Judge Cain ruled that a portion of the Family Mailer (see it here) dealing with "Bad Cops turn Good Citizens into Terrorists" was a "Credible Threat of Violence" to the San Jose Police Department and to Lt. Brenda Herbert. That mailer refers to the Oklahoma City bombing and the "collateral damage" that resulted. Yet it seems fairly obvious from the wording that those statements are only of a general rhetorical nature and not an impending threat to anyone. At most they served as a reminder that when Governments violate people’s rights there are consequences.

Judge Cain, who is in denial of the fact that the actions of our own Government were indirectly responsible for the Oklahoma City bombing, imposed the three year Restraining order on Mr. Webster apparently because of a dispute on this issue. That order prevents Mr. Webster from being (with or without the Billboard truck) within 300 yards of the San Jose Police Department, the San Jose City Hall, or Lt. Brenda Herbert’s home. That order may also prevent the further dissemination of that mailer.

What is ironic is that while people working near Lt. Herbert in the San Jose Police Department, or neighbors close to where she lives in south San Jose, may actually be at an increased risk to their lives and property now (we are talking 1 or 2 % here) that risk is not from Mr. Webster. The real risk would be from Agents of the US Postal Inspection Service who may wish to ensure that the truth never comes out. That would best be done by eliminating Lt. Herbert in such a way as to implicate Mr. Webster.

   News-Break: Judge Thomas Cain was involved in original cover-up, should have recused himself from this case.

Back in 1990 Judge Cain was the actual judge that signed the search warrant authorization and the order to seal the search justification. The reason this is so significant is that the Sealing of the justification was done so that no real justification would be required. Judge Cain therefore either naively or more likely with actual intent to help the police circumvent the US Constitution signed a search warrant (here in PDF format) without being shown legitimate justification for that warrant. He then signed an order to seal that so called justification so that no one would ever be the wiser.

The Scam was designed to alter and hide evidence to the point of forcing the defendant to accept a plea bargain. But to make the conviction stick there had to be little if any real evidence presented that showed the true nature of that Scam since any such evidence would give grounds for an appeal. Therefore the justification given to get the search warrant was a total fabrication of the US Postal Inspection Service that had very little to do with the Scam. See Sealed Documents for more info.

It is obvious that Judge Thomas Cain would be totally prejudiced against Mr. Webster. If the truth came out about the real nature of the Scam, his own part of the original cover-up would also come to light. This is something he could not let happen.

There are grounds for an appeal, so please help in the fight against San Jose Bad Cops: Helping Financially

     Appeal takes shape

In the Appeal, on June 16th 2004, Mr. Webster submits Opening brief: PDF Format.

While this Opening brief is somewhat amateurish there is enough legal logic in it to hope for a successful appeal.

The Attorney of the City of San Jose responses on July 16th with a rehash of previous arguments: PDF Format.

On August 4, 2004, Mr. Webster submits Appellant’s Reply Brief: PDF Format.

On December 16, 2004 Appellant Court reaffirms Judge Cain’s decision: PDF Format.

Note that many of these legal briefs refer to a letter that Mr. Webster wrote, at the suggestion of San Jose Assistant Police Chief Wheatley, to Lt. Herbert on February 22, 2003 just before the City of San Jose filed its request for a Restraining order. That letter has not been included on this web-site until now: PDF format of Letter to Lt. Herbert. {Note: In that letter Mr. Webster comments about a ten year Restraining Order.  He found out later it actually is a Hundred year RO).

An additional hearing was called on Friday January 28, 2005 for “Re-clarification” of Mr. Webster’s Restraining Order since that Order had not succeeded in squelching his accusations of Lt. Herbert (what with letters to her neighbors -- PDF version here, etc.).  Lt. Herbert included a description of the continuing Harassment in an attachment.  To see that attachment in PDF format click here.  One of the important points brought up in that attachment is that she will be retiring soon.  To see the transcripts of that hearing in PDF Format click here.

The transcript of that Court hearing shows that Judge Jerald A. Infantino has given up any pretense of being Just.  His edict is simply that Mr. Webster shall not make accusations about a police lieutenant’s criminal activity to anyone that matters.

[Return using your Web Browser]

Or [Return to Main Menu] or [Site Map]


This HTML document was updated 7/03/11 3:11 PM.