Joseph L. Puente’s response to:
VA Police Report dated September 7, 2005 @11:10
Case Number 0510125

Instead of transcribing the text of the report, I have scanned the copy that was sent to me. Why? Because I found it interesting that the VA Police would take a black marker and cover up the names of everyone involved, except me. It looks like an Air Force report about UFOs that's been released following an appeal to the Freedom of Information Act. Just how I am supposed to form a fair and complete defense without this blacked-out information, I have no idea. I've since asked my court-appointed attorney to subpoena an uncensored version. -JLP


Response to MO:

INACCURATE: I had an appointment. My name was in the schedule for that day. The receptionist confirmed that fact to me in person and again in writing in an affidavit attached to her restraining order (obviously, her affidavit contradicts her report to the VA Police). I was frustrated and angered by the receptionists attitude but I did not yell profanities at her.

“INVESTIGATION:”


Response to Paragraph 3:

I did not say, “this was a ‘Bunch of Bullshit.’”
I did not go into a tirade about my service in the Navy.
I did not tell the receptionist to “go to hell.”
I did not refer to anyone as a “’Fucking’ higher up.”
I did not say that I expected to receive “Son of a Bitching” service by just walking in.

I would also like to add that I have been a writer for over twenty years, having been published on numerous occasions as a reporter, editorialist and essayist for newspapers and magazines. As a student of language, I would never use the term “Son of a Bitch” as an adjective or a gerund. This so-called quote is an obvious attempt by the complaining witness to put words into my mouth. By accusing me of saying “Son of a Bitching”, she exposes herself as a person who is not accustomed to hearing or using profanity and thus can’t effectively fabricate a profane quote.

I did not tap my “finger on the counter at her.”
I did not yell at the physician assistant.

N.B. I was upset and I do have a deep voice. I am also a trained theatrical actor and am invited from time to time to give lectures in high school and college classes and convocations so I do project my voice. I can understand if this was confused for yelling.

Response to Paragraph 4:

The bag that I placed on the front door was NOT a duffel bag. It was a considerably smaller tote-bag.
I did not “glare” at the receptionist.


Response to Paragraph 5:

Exercising my constitutional right to freedom of expression by writing a letter to the editor (not an article) about veteran’s health care is hardly a criminal act and cannot seriously be considered as evidence of disorderly conduct. I would also like to clarify that the title, “Veteran’s Medical Benefits Are A Joke” was written by the editor of the news paper and not me.


Response to Paragraph 6:

Again, I have the constitutional right to express my opinions about any topic I choose. Writing about the Sanpete County Sheriff’s post-9/11 paranoia cannot seriously be considered evidence of disorderly conduct. Again, this was a letter to the editor and not a news article.


Response to Paragraph 7:

I refer you to my response to Paragraph 5 since the letter (not an article) in question is identical.


Response to Paragraph 8:

Again, I have exercised my constitutional right to freedom of expression by writing letters of complaint to individuals I thought would address my concerns. I was also exercising my rights and responsibilities as a VA patients as described in Section IV of the Department of Veterans Affairs pamphlet number IB 10-160 (April 2002) which states that a patient “may complain verbally or in writing, without fear of retaliation.” (emphasis added)


Response to Paragraph 9:

Mrs. Brotherson did not say “that she hoped [I] had learned a lesson from the events that had taken place.”
What she did say was that she was sure we all wished we could have done things differently. I agreed with her. Though I am not sure exactly why this would be considered disorderly conduct. Mrs. Brotherson’s phone number was in the public telephone directory.


Response to Paragraph 10:

One can hardly call “reviewing all the statements” a complete investigation. Especially since the VA Police never questioned me.


#