To: [County Commissioners’ E-mail Addresses]
From: "Joseph L. Puente"
Subject: Request for an Investigation
Cc:

Dear Mr. Blackham, Mr. Anderson & Ms. Jarrett,

Please forgive my contacting you via e-mail. My financial circumstances at the moment are impeding my ability to cover costs of hard copy letters and postage. Which is the nicest way I can think of to say, I'm out of copy paper and printer-ink for the foreseeable future.

For the last month and a half I have been dealing with a very disquieting situation involving the Department of Veterans Affairs, the Central Valley Medical Center of Nephi, a CVMC employee at the Fountain Green Medical Clinic, Sheriff Kay P. Larsen and, now, Officer Chad Huff of Fountain Green.

A printable PDF version of my statement is attached.

My statement follows:

Statement by Joseph L. Puente
concerning events on September 2, 2005

The V.A. has entered into a contract with the Central Valley Medical Center in Nephi to treat veterans locally (including Sanpete County, where I reside). The Central Valley Medical Center has a clinic in Fountain Green. That’s where I go for my medical checkups and prescription refills.

Since mid July of 2005, my car has not been registered or insured due to my financial circumstances. On the morning of September 2, my friend and neighbor, Joseph Simpson, gave me a ride to the Fountain Green Medical Clinic on his way to an appointment in Provo. Mr. Simpson’s appointment required him to leave Moroni at 8:00 AM so I arrived at the Fountain Green Clinic around 8:15 AM. My appointment was not until 9:00 AM. I had my dog and a tote bag with me and at Mr. Simpson’s suggestion, I decided to take my dog for a walk to the nearby park since I had the time before my appointment. I decided to leave my tote bag by the door. It contained a magazine, some manuscripts and a camera. I placed a note on the bag that read “Back at 9:00 - Joe Puente.” Since I left a note with MY NAME and my return time, I figured there would be no problem.

I learned, through an affidavit* by "Grace" dated September 20, 2005, that she observed my arrival at the clinic as she was attending to a personal matter in the vicinity. "Grace" then came to the clinic, saw my bag and read my note. She then called the authorities(I do not know if she called 911, the local police department or the Sheriff’s Office).

((((*From an affidavit dated September 20, 2005, notarized by CVMC's H.R. Director and submitted to the Sixth Judicial District Court on September 21 in an Ex Parte Civil Stalking Injunction Case #050600303. Scheduled to be contested in Manti on October 19, 2005 at 9:30 AM.)))

[It should be understood that I had an appointment at the Fountain Green Medical Clinic the previous week, on August 26. It was at that time that I had an argument with "Grace". Because of a clerical error, "Grace" saw fit to invalidate my appointment despite the fact that my name was clearly in the schedule. "Grace" just kept repeating over and over that I didn’t have an appointment. This frustrated and upset me and I finally just demanded to speak with the physician assistant, with whom I had the appointment. "Grace" responded by threatening to call the police. A threat she did not follow through.]

When I returned a few minutes before 9:00 AM, I found the staff, including the Physician Assistant and "Grace", outside of the building. I was told that the police were called. Mrs. Brotherson asked if the bag was mine. I said that it was and gladly showed her the harmless contents. She and I agreed that this was a simple misunderstanding. I then asked her if she had not read my note. She said she had not but "Grace" HAD. I thought that bit of information was kind of suspicious. If "Grace" read my note, she must have known the bag was mine. The fact that she saw me arrive earlier (as stated in her affidavit) would support that.

I went into the clinic and, in an attempt to inject some levity into an otherwise tense situation, I joked about my bag “not ticking” and asked if I could set it on a table. I then went into an examination room.

"Grace"’s affidavit states that when the police arrived, they inspected my bag WITHOUT requesting permission from me to do so. My tote-bag is my personal and private property. They also did not have a warrant to inspect my bag. The fact that Mrs. Brotherson inspected the contents herself, with my permission, would have negated any “imminent threat” the police might have used to justify looking into my bag. If Mrs. Brotherson had not inspected my bag, no one would have even been permitted to enter the facility. The actions of the Sheriff’s department were in direct violation of my civil right to privacy. This violation was brought to the attention of The American Civil Liberties Union of Utah and entered into a database that they keep in order to track systematic problems.

When I came out from my checkup, I saw Sanpete County Sheriff Kay P. Larsen and a deputy waiting WITH "Grace". I did not see them enter the building and at the time, I was unaware that they had inspected my bag. They took me into an examination room and started berating and browbeating me over post 9/11 etiquette. I told them it was a mistake and that it wouldn’t be repeated. The officers then started lecturing and accusing me about the argument I had with "Grace" the previous week.

I was not charged with any crime. Once the authorities knew that there was no bomb in my tote bag, that should have been the end of it. If no crime was committed, there was no need to talk to me, let alone harass and intimidate me and invade my privacy.

It is my belief that "Grace" DELIBERATELY did not tell Mrs. Brotherson that the note on my tote bag was from me and that she called the authorities to try and get me into some kind of trouble in retribution for the problem we had at the time of my last appointment. "Grace" did not call the police on August 26, despite her threat, nor did she call the police or file a formal complaint after I had left on the 26th. If she had, I would certainly have been notified. Obviously, as long as the Sheriff’s Department was at the clinic for an erroneous bomb-threat, "Grace" took advantage of the opportunity to complain to them about the misunderstanding we had the week before. Of course, when the Sheriff and his deputy related her version of the events to me, she seemed to have embellished the story a bit.

Again, I was not charged with a crime. "Grace" did not file a formal complaint, thus the Sheriff and his deputy had no genuine need to talk to me, let alone, as I have written above, to harass and intimidate me. I would not be surprised if "Grace" had specifically asked them to do it. In the subsequent weeks, she has proven to be a very spiteful and vindictive person. On September 6, 2005, I wrote a letter to the Human Resources Director of The Central Valley Medical Center, CVMC's H.R. Director. My letter brought to CVMC's H.R. Director’ attention "Grace"’s unprofessional behavior on August 26 and September 2 and I requested that she be counseled by her supervisor.

The following week, on September 14, I received a certified letter from the V.A. Medical Center in Salt Lake City. It contained a U.S. District Court Violation Notice charging me with Disorderly Conduct. The date of the alleged incident was August 26, 2005. The post mark on the envelope was September 12, more than two weeks after the alleged incident (my first appointment at the Fountain Green Clinic).

I called Officer William Lyzenga at the V.A. Police office at the Salt Lake Medical Center to find out more about the charge. Through him, I learned that the charge was filed on September 7. I can only assume that CVMC's H.R. Director received my letter on September 7 (I mailed it on September 6) and informed "Grace" that same day. If this is indeed the case and if "Grace" is the one who filed the disorderly conduct charge with the V.A., it would appear that she did so in retaliation for my letter.

I called Mrs. Brotherson to tell her about the Disorderly Conduct charge and to ask her if she knew anything about it. She said she did not and suggested I talk with "Grace"’s supervisor. The Physician Assistant then gave me the supervisor's office telephone number.

I tried to speak with "Grace's" supervisor and CVMC's H.R. Director, on September 16 but I was only able to leave voicemail messages for them and none of my calls were returned.

On September 21, a representative from the Sanpete County Sheriff’s Office came to my home to serve me with a restraining order prohibiting me from contacting "Grace", "Grace's" supervisor, CVMC's H.R. Director AND Mrs. Brotherson (I had been instructed not to talk to my own physician). The restraining order also prohibited me from going to The Fountain Green Medical Clinic “when "Grace" is there.” Though if I’m restricted from talking to my physician, what good would it do me to even bother going to the clinic?

I have read every word of the “Ex Parte Civil Stalking Injunction” that I received. It contains the aforementioned affidavit by "Grace" that is a gross misrepresentation of the truth. "Grace" has demonstrated that she is not above lying to the authorities and perjuring herself in sworn, written testimony all for the purpose of denying me my right to health care and generally harassing me.

I contacted Officer Chad Huff in Fountain Green to lodge a formal complaint against "Grace" regarding her phone call to the authorities on September 2. But before I could even say anything, Mr. Huff said that he was familiar with the events on September 2 and asked, “Haven’t you been charged?” I said that I had but I wasn’t calling about the charge. Mr. Huff would not let me finish speaking and simply told me to contact an attorney and never call him again.

As I understand the justice system in this country, even if a person is charged with a crime, that person is innocent until proven guilty. Mr. Huff acted as if I had been convicted of a crime and was not entitled to a fair hearing or even an appeal.

So, now I turn to you, the Sanpete County Commissioners.

I am hereby lodging a formal complaint against Sheriff Kay P. Larsen for inspecting my private property, my tote-bag, without due process between 9:00 AM and 10:00 AM on September 2, 2005(Mr. Larsen did not have my my permission, a search warrant or a valid cause to believe there existed any imminent threat to justify the search), and for generally harassing and intimidating me after my medical appointment on the same date. Both incidents occurred at the Fountain Green Medical Clinic.

I am also lodging a formal complaint against Officer Chad Huff of Fountain Green for refusing to hear a legitimate complaint of an potentially illegal incident that occurred within his jurisdiction, that of Ms. "Grace" making a fraudulent call to the authorities about a bomb threat between 8:15 AM and 9:00 AM on September 2, 2005, at the Fountain Green Medical Clinic. I believe this constitutes a blatant obstruction of justice in a pending and open civil case.

I would like to request that the Sanpete County Commission petition the Utah Attorney Generals Office to commence a formal investigation into the actions of Sheriff Larsen, Officer Huff and "Grace".

Sincerely,

Joseph L. Puente