This is the full text of the document regarding a public ...



This is the full text of the document regarding a public hearing request for the city of santa clara code enforcement - it was written by santa clara police officer GABBY SEAGRAVE:

I work in the Community Policing / Nuisance Suppression Unit of the Santa Clara Police Department. One of my tasks in this assignment is to deal with neighborhood complaints between residents and problematic locations causing a nuisance to otherwise peaceful neighborhoods.

On June 25th, I received a call from Fred Olenak regarding an ongoing problem with a neighbor that feeds the ducks in the neighborhood. The resident, Mr. Lik Roper is constantly feeding ducks in the neighborhoods of Santa Clara. Currently, Roper is feeding ducks in a small compartment surrounding a city light standard. The following is a brief history of prior events, along with the details of the event that occurred on 7/23/07 at 1411 hours leading up to Admin Citation # 7468 being issued to Roper.

FACT: early on the morning of May 24th 2006, Mr. Fred Olenak attacked Mr. Lik Roper (to hear Mr. Olenak's admission of guilt, go to: or go to: )

History of Events:

1) On 4-11-06 - Officer Terrones responds to Lake Terrace Apartments at 3665 Benton Street on report of Roper throwing birdseed on the property without permission. Roper is admonished about feeding ducks on the property and informed he is trespassing. Officer Terrones believes that Roper will not stop feeding the ducks until he is served with a restraining order. Roper claims a resident (Tom Foley) from Lake Terrace Apartments assaults him on his property in Sunnyvale. Officer Terrones informs Clefstad that he should contact Sunnyvale DPS for that information. It is documented as event EV06-10024, however, no report is taken by DPS.

---

WHAT ACTUALLY HAPPENED: First off; Mr. Roper was given case number 06-03997 for the 4-11-06, not EV06-10024 as stated in the report (go to: ) - Also; there were two officers who responded to the 4-11-06 911 call made by Mr. Roper. These officers then went to the Lake Terrace Apartments to further investigate the attack on Mr. Roper by Tom Foley, which was reported by Mr. Roper to the responding officers.

Mr Roper was then informed by the officers that the man in question (Tom Foley – see: SUPPRESSED EVIDENCE go to: & ) in fact has a criminal record which the officers would not disclose.

INTERESTING FACT: neighbors who witnessed this particular attack were not contacted by the police despite Mr. Roper’s request for them to do so – these same neighbors who had lived in the same house for over 30 years, moved out the very next day to an unknown location!? –

The man in question (Tom Foley) continued to stalk and harass Mr. Roper at his place of residence for many weeks after this event, and threw duck food on Mr. Roper 's lawn which eventually caused the replacement of a large percentage Mr. Roper's lawn (this stalking, harassment and menacing was witnessed by others as well).

Officer Terrones came to the scene with prejudgement and a bad attitude towards Mr. Roper; a man who had just been attacked. But then; Officer Terrones is the same officer who responded to a call in which two people from Mr. Roper’s neighborhood came to Mr. Roper 's door at around 2 am one morning a few years back - NOTE: Officer Terrones chose to make no arrests.

(see: SUPPRESSED EVIDENCE @ )

One of the people who is seen in the photo at the front door of Mr. Roper 's house lives at the intersection of Lillick Drive and Thunderbird Avenue. This same individual raced by Mr. Roper 's house at high rates of speed (70-80 mph) almost every day for about a year after this initial event -- as witnessed by both Mr. Roper and others in the community -- and the Sunnyvale Police Department refused to respond despite repeated attempts to bring this situation to their attention.

Mr. Roper has also been repeatedly harassed by the sister and friends of one of the people seen in the IMG_0528.gif over the past year, and vandalism was also recently done to Mr. Roper 's vehicle; including boulders thrown through the back window of his vehicle (two days before receiving a rejection letter regarding his lawsuit against the City of Santa Clara and/or Officer Lopez) and his windshield shot at night by a gun recently as well. One of the Officers who responded mentioned that someone must be angry at Mr. Roper, could it be someone like Officer Lopez, or the aforementioned suspects?)

> Similarly; Mr. Roper was attacked by another neighbor named Mr. Struble back in 1998…

For months back in 1998, Mr. Roper sent email messages to the City of Sunnyvale complaining about the excess speeding in his neighborhood, and nothing was ever done about it, that is not until he received a message from the City of Sunnyvale (go to: ). Shortly after receiving this message, Mr. Roper almost got run over and then attacked by a neighbor named Mr. Struble who was one of the speeders Mr. Roper had complained about to the City of Sunnyvale.

Mr. Roper called the Sunnyvale Police (see 911 readout), and three officers responded to the scene. The officers on the scene spoke to Mrs. Struble, who claimed to know nothing of the event at the time. Mr. Struble corroborated the story of his attack, and Mr. Roper perhaps mistakenly instructed officers not to file charges against Mr. Struble. The officer assigned to Mr. Roper (then rookie officer Discher) took no police report (because of this misunderstanding, the Sunnyvale City Council has since passed a law mandating all police officers do a report no matter how small or seemingly insignificant the incident - Officer Terrones did not take a police report).

Sunnyvale neighborhood police officer Matt Beninger eventually ended up serving Mr. Roper with a temporary restraining order that if taken seriously would have prohibited Mr. Roper from standing in the same spot in the street where he was attacked by Mr. Struble!? In fact; Mr. Roper could not even be in his own house if he took this laughable temporary order seriously, and Officer Beninger had the gall to show up in court to 'protect' and/or represent Mr. Roper 's attacker Mr. Struble (who actually admitted to attempting to run over ducks on his deposition).

Mr. Beninger even seemed to be coaching the Struble's as witnesses as well. Mr. Roper repeatedly called the Sunnyvale Police Department after being attacked by his neighbor, and was rebuffed after asking them to file charges against Mr. Struble, as this man was acting increasingly hostile after the attack on Mr. Roper, who finally left a note on Mr. Strubles' doorstep, for which he wrongfully received a restraining order. After Mr. Roper received the order, he asked Officer Beninger about the original incident with Mr. Struble, and whether Officer Beninger even spoke to rookie Officer Discher, Officer Beninger then said in front of two witnesses: “who’s Officer Discher?”

IN RETROSPECT: 1) the Sunnyvale chief of police resigned from his postion shortly after the restraining order was issued to Mr. Roper; 2) accepting the restraining order was not an admission of guilt and did not go on Mr. Roper’s record (if not; Mr. Roper would not have accepted it); 3) the judge knew that something was wrong, but feeling intimidated by the questionable actions of Officer Beninger; Mr. Roper failed to speak up at the time; 3) Officer Matt Beninger no longer works for the Sunnyvale Police Department; and 4) Mr. Struble and his wife have since relocated – also; 5) the initial temporary restraining order received by Mr. Roper had no official stamp on the back; and 6) Mr. Struble admitted to trying to run over ducks in the neighborhood in his deposition (which ultimately contradicted his wife’s deposition enough to put the truth surrounding their two stories in question)

Note: this sequence of events occurred a few months after Mr. Roper worked with both the city of Sunnyvale and Santa Clara to have duck crossing signs installed in his neighborhood.

---

2) On 5-15-06 - Officer Leipelt responds to Lake Terrace Apts. on report of Roper being embroiled in an argument with a resident (Peck aka Pecker) due to his feeding ducks again in the area. Roper has fled to his house in Sunnyvale, and officers contact him at home. As officers attempt to investigate, Roper returns to the scene to antagonize the other party and is ordered to leave by Officer Leipelt. Officer Leipelt is informed that Roper has been cautioned not to trespass at Lake Terrace Apartments and informs Roper of the order.

WHAT ACTUALLY HAPPENED: On the day of 5-15-06, Mr. Roper went to visit his best friend (who has since relocated) on Wood Duck Avenue, and after being out of his vehicle for a few seconds, an unknown person (Pecker) unexpectedly jumped out from behind Mr. Roper 's vehicle saying "go home", causing Mr. Roper to quickly jump back into his vehicle and flee the attack, just as his driver’s side door was kicked in by Pecker. (Mr. Roper never entered the Lake Terrace property in the process) Mr. Roper then returned to his residence and called 911.

Officer Leipelt responded with another officer, and viewed the damage on Mr. Roper 's right side driver's door. Officer Leipelt assessed that there was not enough evidence to prove this occurred. Both officers then went back to where the original incident occurred (by Mr. Roper’s request) with a photo of Pecker given to them by Mr. Roper.

The photo [go to: ] was from a previous unusual encounter with Peck a few months before, and because he had a readily available witness who lived at the corner of Wood Duck Avenue and Benton Streets, Mr. Roper then returned to the scene of the crime as well to bring this evidence and witness forward to these two officers.

Mr. Roper merely drove up to the scene and displayed no anger in doing so, just obvious newfound confusion when he unsuccessfully attempted to exit his vehicle due to the massive damage to his driver's side door - Mr. Roper was then waved on and told to leave the scene, ignoring the available witness. And while this may have been an unconscious act on the part of the officers, it still is in dereliction of duty and constitutes ignoring exculpatory evidence.

---

3) On 6-14-06 – Nazi Santa Clara Police Officers Lopez and Fitting respond to speak with Roper. Upon their contact, they see Roper depositing feed and water under a tree in a yard in Santa Clara. This is in direct violation of Officer Lopez and my warnings the previous week. Roper was contacted and (note: illegally) detained by Officers Lopez and Fitting for SCMC 6.15.020(a).

During the contact, the suspect admitted to placing a sticker on a city owned light post, which is a violation of SCMC 18.80.030. He did not obey commands to remain at the scene and stay for the entire detention. Roper began to back into the street away from the officers, resisted handcuffing attempts, and was eventually arrested and transported to SCPD for booking on charges of obstructing and delaying officers (148 PC) and 6.15.020(a) Keeping or Feeding of ducks near a dwelling. (the ordinance actually reads as follows: 6.15.010 - KEEPING OF CERTAIN ANIMALS AND FOWL, not 6.15.020 - KEEPING OR FEEDING OF DUCKS NEAR A DWELLING - the ducks cannot be realistically 'kept' as stated, therfore this ordinance clearly does not apply)

When the police officer arrived in your neighborhood on the day in question, they observed you carrying a plastic container from your house into the yard at 3806 Dunford Way. He then observed you pouring feed under the tree at that residence. Following that observation, the officer contacted you and he reports that you began to shout at him that you were not breaking the law by feeding the ducks. As we stated previously, that, in fact, is not true as feeding and watering ducks is “keeping” them which is in violation of the Municipal Code.

Shortly thereafter, as the officers were attempting to issue you a citation for violation of the Municipal Code section, you attempted to leave the scene which is an interference with the officers doing their duty. You then refused officers instructions and physically attempted to break their hold on you which is another violation of the law. As a result of your continuing resistance and interference with the officers doing their lawful duty, necessary force was applied to gain control over you. Apparently, during that struggle, you were injured.

---

WHAT ACTUALLY HAPPENED: Mr. Roper finished practicing his musical instrument as usual and went across the street to feed the ducks as he had done for the last 10 + years without incident; a) with official permission from ex-Santa Clara Mayor Judy Nadler, and b) right under a duck crossing sign he had installed through both the City of Sunnyvale and Santa Clara.

He then went outside and crossed the street in the crosswalk, and just then an unmarked car came up from behind Mr. Roper. Two men jumped out and flashed a piece of paper which they did not bother explaining, then almost immediately threw Mr. Roper down in the same crosswalk which he had just requested a sign to be installed (go to: WHAT CROSSWALK SIGN? blog post in evidence blog @ )

These overzealous officers ridiculously thought that a small side gate lock was a possible ‘weapon’, and even though Mr. Roper agreed to go with them after he snuffed out a candle which was burning in his house, the excessively unreasonable officers then threw Mr. Roper to the ground, and this excessive use of force caused injury to Mr. Roper (see: SUPRESSED EVIDENCE – )

Then, about eight Santa Clara and Sunnyvale police officers suddenly showed up at the scene out of nowhere and helped in this Nazi-like abduction of Mr. Roper – Then, as Mr. Roper lay on the ground bleeding profusely, Mr. Lopez said in front of all the officers on the scene; "Do you want your daddy?!".

(NOTE: Mr. Roper had just received a letter from a property manager who managed property right next to the property where he had permission to drop feed, and just a few days before this, seed had in fact been dropped there by Mr. Roper right under a tree and just over the property line where he had permission to do so [due to competition for food from other mating duck pairs, it is best to leave food in two areas instead of one, as the ducks tend to put each other at risk and chase each other into the street otherwise while competing for one spot] - but after receiving the letter, he stopped leaving it under that particular tree. Officers Lopez and Fitting never even let Mr. Roper leave the sidewalk to see where in fact he was about to leave the food. The officers were at the scene to deliver a complaint from the Lake Terrace Apartments, but Mr. Roper was no longer leaving duck food at the Lake Terrace Apartments at the time, and in fact had permission to do so at the time across the street on private property.

Mr. Roper was being confronted by an officer who had shown obvious hatred towards him from the first minute they met at his front door, and after being attacked by several people with no arrests made (including an attack on Mr. Roper by Mr. Olenak which Mr. Lopez could have prevented) why should Mr. Roper be required to respect someone who obviously has no respect for him? Mr. Roper believes that the arrest was a way to quickly criminalize him to avoid any possible lawsuits against the City of Santa Clara (see below)

read this excerpt dated 10 jun 2006 from -

> 10 jun 2006 / UPDATE - since posting the above segments, i have been attacked by 3 separate people, and in a massive cover-up, both the sunnyvale and santa clara police departments have failed to arrest even one person!?! - luckily i have civil rights laws that protect me and i have 5 years to file a lawsuit, so this is the calm before the storm - i'm gonna take it easy this summer and wait until the political climate changes; i'll get to it later on down the line when we have a legitimate federal government in power, ect (NOTE: exactly 4 days after posting the UPDATE segment above, i was thrown to the ground, bloodied up and arrested).

> Similarly; a note left on Mr. Struble’s front porch regarding his attack on Mr. Roper made references to an ensuing lawsuit on the part of Mr. Roper - shortly after this; two Sunnyvale Police Officers came to Mr. Roper’s front door and said “There’s a skirmish down at city hall!” (which was witnessed by two people) The officers then gave Mr. Roper a temporary restraining order to quickly criminalize him and destroy his chances at winning his lawsuit against the city.

Mr. Roper sent emails to the Sunnyvale City Council as LIK ROPER for many months, and with no little or no response – then one day John almost got run over, and John then informed the city that they were being tested; as John was really LIK ROPER, the guy who had been emailing them for many months about speeding in his neighborhood!?! This not only caused a skirmish down at City Hall, but also a bogus restraining order to cover up the negligence on their part.

And as previously mentioned; this all came just a few months after Mr. Roper worked with both the City of Santa Clara and Sunnyvale to have duck crossing signs installed on his street.

Mr. Roper was then whisked off to the police station and held for approximately 45 minutes, with no rights read to him until just before his release. Mr. Lopez looked pale and troubled as he apologized to Mr. Roper before releasing him, and said he was "a nice guy" then let him go in front of an obviously perturbed commanding officer.

(The troubling part of this is that Mr Lopez also mentioned to Mr. Roper how people at the Lake Terrace Apartments “hate you” - QUESTION: Why is a Latino police officer tolerating hate against a caucasian man by standing behind those who hate him? – is that not an indirect form of hate crime, and is he not perpetuating the hate by saying this to Mr. Roper? And what are the various ethnicities of those who allegedly hate Mr. Roper? The only people Mr. Roper knows at the Lake Terrace Apartments are friends of his)

But! Mr. Roper had not only gotten official permission to feed the ducks from ex-Mayor Judy Nadler at an October 3, 2000 Santa Clara City council meeting (after the ducks at 1333 Lawrence Expressway had been illegally displaced by the city – go to: - see: OLD CALABASAZ CREEK), but he also had previously contacted SCPD Internal Affairs regarding the legality of his actions, and Internal affairs told Mr. Roper that as long as he had permission to feed the ducks on someone's property, it was ok.

(go to: )

Ultimately; Officer Lopez and Seagrave not only conspired to wrongfully criminalize Mr. Roper, but they also violated his civil rights in the process when they neglected to prevent the eventual attack by Mr. Olenak.

(go to: )

NOTE: Mr. Olenak's attack on Mr. Roper occurred on May 24th, 2006 - Mr. Olenak's duck feeding complaints came approximately one month later.

§ 1986. Action for neglect to prevent ~ Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; etc - See: Federal Civil Rights Statutes @

NOTE: the sticker in question (see: ) which is placed upon the city owned light post is an advertisement for a website called - this web site not only contains SUPERBIRDLAND! (LIK ROPER’s neighborhood web site) but it also contains information regarding the 2008 presidential campaign of LIK ROPER – And since presidential candidates are afforded ultimate free speech and expression here in this fine country, LIK ROPER has chosen to exercise his un/inalienable and/or non-reinterpretable first amendment rights to their fullest extent – Officer Lopez was born long after the 1960s Civil Rights Movement, therefore he cannot possibly understand the full implications surrounding this pivotal event in American history – INTERESTING FACT: The duck crossing signs in question were installed around the time Mr. Lopez was attending high school.

---

Notice the year-long time gap between the events above and below; Officers Lopez and Seagrave thought they had gotten a gadfly activist out of their hair once and for all, and had neglected Mr. Roper 's street since his wrongful arrest (and despite constant stalking and harassment which has occurred towards Mr. Roper since then) – But Mr. Roper returned to file a lawsuit claim against the City of Santa Clara and Officer Lopez on 6-14-2007 – about one week later…

---

4) On 6-21-07 - Officer Lopez and Seagrave respond to the area of Dunford and Thunderbird Avenue in Sunnyvale. This corner is adjacent to Roper’s property at 1153 Dunford. As we parked on Thunderbird to make contact with Roper, we observed him cross the street with a 5-gallon bucket containing seed. Roper peered into the city light standard to see if there was still seed inside the space surrounding the light pole. As there was seed, Roper did not drop any additional seed. He began to cross back to his house when we attempted to contact him.

As with every contact, Roper runs to the side gate of his residence to hide the bucket of seed. Contact is made at the front door with his father present, and once we again attempt to caution Roper that feeding or maintaining the ducks on city property is prohibited. We have to break this contact as Roper will not stay on topic or cooperate for the entire discussion.

---

WHAT ACTUALLY HAPPENED: First off; Mr. Roper 's first contact with Officers Lopez and Seagrave (and one other unknown officer) came after Mr. Roper called the City of Santa Clara's Illegal Dumping Hotline. A man in a city truck responded and admonished Mr. Olenak for pouring foreign substances into the duck food. This enraged Mr. Olenak, who then apparently called officers to the scene in retaliation for Mr. Roper’s ‘snitching’ on Mr. Olenak.

Mr. Roper opened the front door and immediately noticed Officer Lopezs' bad attitude. Mr. Olenak had just made threats towards Mr. Roper and was standing across the street while the officers were talking to him. Mr. Roper then told the officers of the threats towards him, and Officer Lopez responded with "what? are you afraid of him?", and this comment caused obvious surprise in Officer Seagrave’s face.

Displeased that the officers were unwilling to take any action against Mr. Olenak, Mr. Roper then yelled, "get out of here", causing the officers to place their tails between their legs and quickly exit the property.

NOTE: Police officers are used to wrongfully using intimidation and fear to get their way, but this tactic was clearly not working on Mr. Roper. This bold act by Mr. Roper ultimately confronted their fragile cop egos and planted a seed of hatred and disgust in these officers that would ultimately later lead them to conspire against Mr. Roper through the fabrication of evidence and/or lying outright on their police reports.

• Mr. Roper was later attacked by Mr. Olenak, and once again; here is a video of Mr. Olenak admitting to the attack on Mr. Roper – go to:

---

On the day of 6-21-07, Mr. Roper had just returned from his weekly run and went across the street to look at the seed under the light standard where the city had installed duck crossing signs years back. Mr. Roper then crossed the street and said hello to a witness/neighbor walking by with his dog and went back into his house through his side gate.

Apparently, Officers Lopez and Seagrave were back to try and recreate the wrongful arrest scenario and quickly re-criminalize Mr. Roper to avoid a lawsuit, but Mr. Roper was unaware of their presence as he casually walked in his side gate. After hearing the doorbell ring, Mr. Roper answered his front door to find Officers Lopez and Seagrave.

Conversation regarding the duck feeding ensued, and Mr. Roper told the officers that it was the end of spring and he was slowly phasing out the feeding spot across the street, as it is OK to feed on his side of the street, which is Sunnyvale territory.

Apparently, the lady across the street was feeling threatened by Mr. Olenak repeatedly walking by and glaring at her with his dog in tow, so between Mr. Olenak’s threatening actions - and several cops entering their house in an intimidating fashion the morning of May 24th 2006 when Mr. Olenak attacked Mr. Roper, these neighbors (who have a duck crossing sign in front of their house) were made to feel like they actually did something wrong for allowing Mr. Roper to feed the ducks, so the lady of the house felt pressured and decided to opt out of the duck support role (although the last time Mr. Roper spoke to the actual property owner, he reversed his initial decision and told Mr. Roper he could continue feeding the ducks).

Since then, Mr. Roper has tried a complete phase-out of feeding across the street, but the ducks were put at risk when they started walking across, which caused traffic to slow as they usually only do in the spring between the new moon of January/February (depending upon weather conditions) and June 21st on the Summer Solstice.

Mr. Roper continues occasional feeding of the ducks on a small patch of cement located on public property just below a duck crossing sign Mr. Roper had installed years back through the City of Sunnyvale and Santa Clara, and as previously mentioned; with official permission to feed ducks coming at an October 3, 2000 Santa Clara City Council meeting from now ex-mayor Judy Nadler.

[Note: when Mr. Roper turned in his claim file to the City of Santa Clara regarding his lawsuit against them, he noticed Ron Diridon Jr. now works in the City Clerk's office - and since Mr. Diridon once told Mr. Roper to call him if he ever needed any help, Mr. Roper decided to take him up on it... Mr. Roper then called Mr. Diridon at the city clerk's office (since he was at the city council meeting where the ex-mayor gave him permission to feed the ducks) and asked Mr. Diridon if the footage from the meeting where he spoke was available. Mr. Diridon said all speakers at city council meetings are recorded and archived, and if Mr. Roper wanted to get a copy of the footage, he had to put in an official request for it - But when Mr. Roper put in his request for the video footage, all he got was a Microsoft Word document which had no mention of ex-Mayor Judy Nadler giving him permission to feed the ducks, and was also told after 6 months, all footage is destroyed unless an official request is put in for it!?

And! when Mr. Roper recently emailed ex-mayor Judy Nadler regarding her comments about giving him permission to feed the ducks at an October 3, 2000 City Council meeting, she apparently took the fifth and failed to respond.

So why did Mr. Diridon tell Mr. Roper the video footage from that council meeting would be available when it clearly is not, was the footage evidence illegally destroyed and why did ex-Mayor Judy Nadler fail to respond? – go to: ]

Furthermore; Almost by accident, Mr. Roper has become an independent wildlife investigator/scientist of sorts who has learned volumes about urban wildlife through his multi-year investigation.

It all started many years back when a lady on Mr. Roper’s side yard accidentally herded a brood of ducklings into Mr. Roper’s backyard (back in about 1997). The parents of the ducklings eventually abandoned them, leaving Mr. Roper to raise them.

They eventually grew and flew away, but the very next spring, the females (and their brothers and mates) returned to the neighborhood where the molting occurred as wildlife experts said they would. This process continued for about two more years as two more broods were brought by their mother ducks to Mr. Roper’s residence from the Lake Terrace Apartments (until hawks started predation of the ducklings on their way to and from the apartment complex).

Since then there has been a very stable and healthy flock of about 18-20 ducks which return to Mr. Roper’s residence, 25 maximum during the peak of mating season. Most of the year they come to feed twice a day (morning and night) and they spend a total of about 5-10 minutes, then depart. During the cold winter months, these ducks need to consume approximately 1/3 of their body weight just to survive, so the most important time to feed these ducks is during the winter.

And due to the presence of human-induced pesticides and/or herbicides in the soil of Calabasaz Creek, and chemical-laden apartment complex lawns as well (etc), these ducks absolutely need proper food to survive and maintain their good health.

In fact; in Palo Alto they have been through this duck feeding question, and the rangers at a park where ducks dwell have determined that hen/duck scratch and shredded lettuce (of all things) is a good thing for ducks to consume.

We hear all the time about animal cruelty charges for those who do not provide food or water for animals, and Mr. Roper feels he is essentially being asked to do this by denying the ducks of necessary (and otherwise unavailable) sustenance. Mr. Roper also feels he should not be used as a scapegoat for faulty local government decisions (go to: - see OLD CALABASAZ CREEK segment).

QUESTIONS: Why isn’t the illegal destruction of wildlife habitat at 1333 Lawrence expressway considered animal abuse and/or animal cruelty, and when are humans going to finally start treating wildlife with the same care they afford their pets? After Hurricane Katrina it took a lot of hollering to get government to see how important pets are to people, and it appears to me that it will take an equal amount of focused attention to bring wildlife their own due respect as well.

> If you gave most dog owners the choice of casting either: a) their dogs; or b) the government - into the depths of hell; about 99.9% of most sane people would choose to spare their dogs – yes; people often like their dogs better than government, and while this may be a bitter pill for those in government to swallow, it is the truth.

Another truth is this; our neighborhood duck issue is ultimately beyond human control, as the local ducks do a migration to the property across the street as they have done for many years before signs were installed. Migrations of wildlife can stretch anywhere from thousands of miles, to a few hundred feet - no matter what the length of the migration, it is still considered an official migration, therefore this neighborhood should absolutely be considered a part of protected wildlife habitat.

(THEORY: Mr. Mr. Roper has reviewed USGS records, and it turns out his father’s property is on the line between rock and sedimentary soil - and since Calabasaz Creek is only about a mile away, it is likely this property used to be on the creek’s edge [therefore; the presence of ducks] similarly; there is a place in the south pacific where an island used to stick out of the ocean, and birds still return to this spot thousands of years later)

Environmental laws were written taking wildlife and/or human speciesism in mind (in other words; humans generally tend to protect their own, which is natural, as many other animals and/or mammals do this as well), and this is why these laws are so important; because they speak for those with no voice.

And with the US moving forward by developing roughly 80 acres a day (a 1990s figure), the future mandates a certain amount of human/wildlife crossover, as wildlife will either be bumped out of existence entirely by developers and/or local entities with no conscience (and/or who kowtow to expediency); or they will live in harmony with human beings. Some larger predatory animals must always have vast stretches of habitat protected for them, but other species like ducks actually like humans, and live well around them - And the funny thing is; despite a few sticks-in-the-mud, many humans actually like ducks as well (people come from all around the surrounding neighborhood territories to see the ducks in our neighborhood in the springtime), so the presence of ducks is a truly win-win scenario for both parties involved.

---

5) Investigation: On 7-23-07 I responded to the area of 3806 Dunford Avenue based upon calls from a citizen, Fred Olenak, who has made several observations of Roper dumping seed into the city light standard in direct violation of my last request on 6-21-07.

Upon my arrival, Roper is dumping water on the area surrounding the light standard in question. As I approach, Roper does his usual, and retreats into his residence side gate. I attempt to get him to stay and speak with me, however he flees to his gate and leaves the 5-gallon bucket behind the gate. As Roper is retreating, he yells out something to the effect of, “It’s not me, he (Olenak) dumped soap on the seed. I’m just washing it out.”

Rather than chase down Roper, I respond to Fred Olenak’s property at 3786 Dunford. Olenak admits to dumping soapy water on the seed in the light standard to keep ducks from approaching. Olenak is fed up with the ducks, pigeons, and rats that are being attracted to the scene because of Roper’s actions. Olenak has personally observed Roper dumping seed on several occasions, and his family members have made independent observations as well.

Not only are animals being attracted, vermin and rodents are being drawn to the area. Ducks are walking across the city streets and are often being hit by cars, or nearly causing collisions when motorists take evasive actions to avoid them. The neighbors are fed up and have all told Roper that his habit of feeding the ducks on their private property is no longer allowable.

I responded back to Roper’s property and made contact with Roper and his father, the owner of the property at 1153 Dunford. I once again attempted to caution Roper that his actions were unlawful.

At this time, I had prepared citation # 7468 for 6.15.010(a) SCMC - Keeping of Certain Animals and Fowl. Once again, it was impossible to have a discussion with Clefstad as he rants that once upon a time he was assaulted and police did not take action. He will not stay on topic and constantly interrupts. I eventually give the copy of his citation to his father and left the scene.

Conclusion: Roper is constantly feeding and maintaining fowl against our repeated orders. He will not feed the ducks on his own property as it is overrun with cats. He sees himself as an activist and feels that the ducks will perish without his support. It is my opinion that Roper is imbalanced and that our repeated efforts to dissuade him are failing.

---

WHAT ACTUALLY HAPPENED: On 7-23-07, Mr. Roper noticed laundry detergent had been poured into duck food under the light standard across the street, so he returned with several buckets of water to perform a do-it-yourself Haz Mat cleanup, and on the fifth or so bucket load, Mr. Roper noticed Officer Seagrave off to his right.

Since Mr. Roper was clearly not involved in a criminal act, he brings attention to his Haz Mat cleanup across the street and says; “It’s not me, he (Olenak) dumped soap on the seed. I’m just washing it out.”

(go to: SUPRESSED EVIDENCE –: & - one video shows Mr. Olenak admitting to dumping bleach into duck food during the spring of 2006)

It was clear to Mr. Roper that ordinance 6.15.010(a) did not apply to his situation, as not only had a wrongful arrest occurred with no charges pressed, but also - even though holding cell agreements had been made regarding the future placement of duck food, Mr. Roper made these agreements under duress and with no knowledge of the text within ordinance 6.15.010(a). After reviewing the ordinance in question, Mr. Roper came to the firm conclusion that no laws had in fact been broken, and he even posted his opinion of ordinance 6.15.010(a) on his web site for all to see.

1) No charges were ever pressed against Mr. Roper, and 2) Assistant D.A. Karen Sinunu took a leave of absence the day of the false arrest.

(go to: >14 jun 2006 / RESISTING ARREST OR CITATION? @ - scroll to bottom of page)

Mr. Roper feels his publically funded education is sufficient enough to decipher whether or not ordinance 6.15.010(a) applies to him, and it is an insult to suggest otherwise. In fact; before leaving high school to pursue a career, Mr. Roper was near the top of his class with 108.5 out of 200 credits needed to graduate at the end of his sophomore year at Peterson High School (school music programs were eliminated in the late 1970s due to cold war era Reagan administration military spending)

(the lessening of standards, where out of desperation police departments are forced to hire lesser and lesser intelligent cops, which can backfire when multi-million dollar lawsuits hit the fan, costing municipalities - and or taxpayers - BIG BUCK$)

Mr. Roper had initially called the Santa Clara Illegal Dumping Hotline on May 10th 2006 regarding Mr. Olenak dumping bleach, detergent and vinegar into duck food across the street, and about a half an hour after Mr. Roper called the hotline, a representative responded to Mr. Roper’s complaint.

(go to: - scroll down to: 10 may 2006 / GOVERNMENT CORRUPTION - CONTINUED)

About half an hour after this, three Santa Clara Police officers came to Mr. Roper’s front door. Mr. Olenak was standing across the street on the sidewalk, and he had just made a threat towards Mr. Roper. This threat was then reported to the three officers by Mr. Roper. Officer Lopez then said; “What? Are you afraid of him?”.

Mr. Olenak later attacked Mr. Roper on Mr. Roper’s property (an altercation witnessed by a lady who Mr. Roper feels is hesitant to come forward due to the intimidating nature in which the police handled the situation, and due to the intimidating nature of Mr. Olenak (go to: ) – Mr. Olenak also made threats towards Mr. Roper’s room mate when Mr. Roper’s room mate came to the front door at 6 AM in the morning to find Mr. Olenak spraying a hose into the front door of his house. Mr. Olenak then said the following to Mr. Roper’s 80 year old room mate; “You need a good pop in the head”.

(see: - or go to: - 24 may 2006 / IN THE BEGINNING) - And now Mr. Olenak is considered a viable witness?

INTERESTING FACT: Mr. Olenaks’ oldest son Dan once bragged to Mr. Roper about torturing cats; he spoke about throwing live, skinned cats off railroad bridges onto oncoming trains, and placing lit firecrackers and M-80s within cats anuses. Mr. Olenak’s son eventually did time in prison for a cocaine-fueled interstate liquor store robbing spree. And now, Mr. Olenak is apparently teaching (and/or not discouraging) young children in the neighborhood to abuse the ducks, as I have witnessed on several occasions children coming from Mr. Olenaks’ house throwing basketballs at the ducks in our neighborhood, and this is not only illegal, but entirely unacceptable.

Furthermore; complaints regarding the precense of rats are unfounded, as an abundance of felines in the neighborhood keeps the rat population in check; not only does Mr. Roper have 3 outdoor cats, but a family down the street from Mr. Roper has multiple cats as well, and there are many other cats owned by unknown neighbors - and much like the illegal immigration issue; these cats roam free and often congregate on Mr. Roper’s property as well.

(for the record, Mr. Roper’s cats are all spayed and/or neutered – and it suffices to say that due to the presence of these cats; there are no rats in the near vicinity of Mr. Roper’s property – thanks)

NOTE: Mr. Roper called Sunnyvale Animal Control a few years back about one particular cat which belonged to the mutilple-cat owning neighbors in question. The cat had an infection which needed immediate attention, so Mr. Roper gave the cat owners’ phone number to the Animal Control Officer, who then contaced the cat owner. The cat owner then agreed to pay for medical attention and the cat was eventually returned to the neighborhood.

INTERESTING FACT: This same Animal Control Officer refused to take action when Mr. Roper brought documented evidence to her attention regarding the illegal poisoning of protected ground squirrels in the Peterson Middle School field.

> go to: NASA SATELLITE IMAGE…

READ THIS EXCERPT FROM > 14 jun 2006 - SCUSD COVER-UP - last year at this time there was a burgeoning ground squirrel population in the peterson field just behind the peterson middle school bleachers, but after telling roger barnes of the SCUSD about the wildlife in the field at a public hearing, someone ordered the squirrels to be poisoned and no one has ever been brought to justice for it (15-30 protected animals were illegally poisoned)...the SCUSD failed do a complete environmental impact report (EIR) and instead tried to cover-up the presence of protected wildlife by destroying the evidence of it, and the sunnyvale animal control failed to press charges against the SCUSD etc - this heinous crime will not be forgotten any time soon, and here is the photographic evidence; 1) EXHIBIT A - 2) EXHIBIT B - 3) EXHIBIT C - when i went to peterson high school they had a proud tradition of environmental protection, and it absolutely sickens me to see the state the SCUSD is in at the present time when it comes to this same issue - ground squirrels are almost cuter than bunny rabbits and anyone who harms them is not only a criminal, BUT ALSO A BIG OLD STINKING PIECE OF DOG POOP! > 17 jun 2006 / BURROWING OWLS - interesting fact: i talked to the long-time maintenance man of the cabana club on friday morning and he said that back in the 1970s there were somewhere between 15-20 burrowing owls who lived just behind the peterson field bleachers...

---

And as for the presence of rats at the Lake Terrace Apartments; a renter at Lake Terrace claims that she has never seen a rat or mouse on the Lake Terrace property until recently.

In fact; last year, a Santa Clara Police Officer came to Mr. Roper’s door to talk about the duck feeding at Lake Terrace Apartments. He went on to explain that the presence of rats during the spring of 2006 was caused by the high volume of water in Calabasaz Creek during a time of heavy rains. The rats are driven out of their dwellings by the high rain water, and some of them ended up at Lake Terrace Apartments - which is located near Calabasaz Creek.

(go to: 15 apr 2006 / ON THE SIDEWALK @ )

There were in fact some tree squirrels eating the duck food Mr. Roper left at Lake Terrace Apartments, and there are some pigeons in Mr. Roper’s neighborhood, but Mr. Roper never once saw any evidence of the presence of rats eating the duck food he left. When rats congregate to eat available seed, they usually urinate and defecate in it, which causes a stench, and Mr. Roper never saw any rat droppings or smelled any rat urine in all the time he left food at the Lake Terrace Apartments.

(rodents reportedly only appeared at the Lake Terrace Apartments when the duck pond was drained and the ecosystem was shut down – when an ecosystem is shut down and the racoons and other predators leave, rodents and/or ‘vermin’ tend to take over – the truth is; the only vermin Mr. Clefstad has ever witnessed in his neighborhood near duck food is Mr. Olenak)

It is Mr. Roper’s strong suspicion that his appearance at a February 2006 Sunnyvale City council meeting caused attention to be brought to him, which (using dissent clauses which allow surveillance of dissenters) led to the City of Santa Clara proposing an outright ban on the feeding of wildlife shortly after this. The squirrels at Maywood Park were the example used, but the ban ultimately failed to get enough votes from the city council and was limited to Maywood Park only.

Ultimately; Mr. Roper feels his community-based grassroots activism caused a local ‘crises of democracy’ of sorts, causing him to be not only surveilled and criminalized for his outspoken activist nature, but also eventually arrested.

(go to:  5 feb 2006 / VERBAL ASSESSMENT @ )

IN CONCLUSION: Mr. Roper feels that Officer Seagrave’s suggestion that he is ‘imbalanced’ is not only insulting; but quite ridiculous, as those who are a harm to themsleves or others require psychological testing (see: Mr. Olenak, Tom Foley, Pecker etc) In fact; Mr. Roper’s last girlfriend was studying to be a psychologist at the time of their relationship, and in between her almost constant heterolocalized transgressivity, she came to the firm conclusion that Mr. Roper was in fact quite sane.

> Besides; modern psychological ideologies are largely based upon speculation regarding the attribution process, which is difficult if not impossible to prove (and let’s face it; the behavioral archetype and/or model for the modern human centers around mister spock, but mister spock is not human, he’s fucking vulcan) Also; Officer Seagrave’s reference to a supposed ‘imbalanced’ state was nothing more than cover-up for one of her ‘witnesses’; Tom Foley, who Mr. Roper has repeatedly referred to as ‘Crazy Tom’ in his blog postings due to his violent demeanor > see: EVIDENCE BLOGSPOT -

It is Mr. Roper’s belief that Officers Lopez and Seagrave showed obvious racial and gender-based discrimination towards him from their first encounter, and because of this; these officers either need to be transferred to jobs where they have no contact with the public, or be terminated from their employment as Santa Clara police officers altogether.

And the police report comment by Officer Seagrave “he (Mr. Roper) rants that once upon a time he was assaulted and police did not take action” is direct proof of Officer Seagrave’s illegal actions (failing to protect and serve, ignoring exculpatory evidence, etc) In fact; Mr. Roper has been repeatedly discriminated against, as evidence has been ignored by the responding officers every step of the way…

NOTE: Mr. Roper searched the word ‘imbalanced’ in his webster’s online dictionary, and it does not seem to exist – appropriately enough, the word ‘illusionist’ came up - It is Mr. Roper’s belief that aside from the timeline, this particular police report written by Officers Lopez and Seagrave is a highly embellished fabrication, and therefore almost entirely ficticious

---

IN RETROSPECT: Mr. Roper feels that if he can; 1) be attacked in front of his house twice within 6 months with no charges pressed; - 2) receive a restraining order after being attacked and nearly run over in the street a few years back; - 3) be repeatedly harassed by cops for everything from picking up litter in his neighborhood, to feeding ducks, and eventually have his vehicle feloniously vandalized by Pecker (go to: 20 may 2006 / THE RETURN OF ROAD RAGING JACKASS 3 (RRJ-3) (and/or Pecker) @ ) - 4) and have unrestrained speeding for a number of years in his neighborhood without any positive action on the part of the Cities Santa Clara and/or Sunnyvale; - 5) and be chased around his neighborhood while distributing flyers by someone in a grey truck the day before a city council meeting - then call the sunnyvale 911 to have them hang up on him; - 6) and if the SCUSD can poison threatened ground squirrels in the Peterson Middle School field with no charges pressed; - 7) and if the City of Santa Clara can illegally pave over a biologically diverse wildlife habitat at 1333 Lawrence Expressway, then give Mr. Roper permission to feed the illegally displaced waterfowl; - 8) and if people can run over ducks by the DMV and the boardwalk apartments, and on the street by Mr. Roper’s house last year with no legal action taken, right after a duck slaughter at a car wash in Campbell, California brought on 4 detectives to the case – along with a national outrage -- etc etc etc --

then Mr. Roper feels that he can feed ducks as well…

It appears to Mr. Roper that since he is not a woman, child or a minority, he receives little or no protection, and this was clearly not Rosa Parks' intention, god bless her soul – It used to be that African Americans would receive little or no protection from the police department, but reverse racism/sexism and/or institutionalized racism/sexism has since then caused reverse discrimination against caucasians, male caucasians in particular.

Law states that NO ONE can lay a hand on ANYONE without their permission, and Mr. Roper was repeatedly violently/innapropriately touched by several neighborhood residents, with no arrests made, and all exculpatory evidence ignored - Then Mr. Roper was later arrested and injured, and shortly after let go with no charges ever pressed. This is an obvious abuse of police powers that needs to be addressed and corrected immediately to protect the civil rights of others who could also end up being adversely affected by the City of Santa Clara and their questionable police practices.

FACT: The Justice Departmment in Santa Clara County has been rated as one of the worst in the State of California, and the actions on the part of the Offciers Lopez and Seagrave only provide further proof of these troubling statistics. It is Mr. Roper’s belief that due to the obvious mischaracterization of events (etc) on the part of the Santa Clara Police Department; all officers involved either need to be severely reprimanded by their commanding officers and/or have their employment status immediately terminated.

---

OTHER THINGS TO CONSIDER: 1) The perceived illegality surrounding the duck feeding in question is far outweighed by; a) the illegality surrounding the cruelty and abuse involved in denying animals of food and water and/or habitat and/or the destruction of the 1333 Lawrence expressway pond; and b) the unethical behavior on the part of ex-Mayor Judy Nadler, as public officials must be held to a high standard, otherwise government takes the risk of compromising public confidence; 2) Due to the fact that 9 accidents have occurred on Mr. Roper’s property over the years; his neighborhood was promised increased traffic calming measures at a community meeting at the old Santa Clara Library many years back, not only to make it safer for the people of his neighborhood – but also for the animals and/or wildlife - and Mr. Roper’s repeated attempts to get the City of Santa Clara to follow through with their community promises have been ultimately ignored

(INTERESTING FACT: Mr. Roper was told “we wouldn’t know what to do without you” by a Santa Clara police officer after one particular community meeting regarding traffic calming)

---

RELATED LINKS:

HABITAT RESTORATION -

MALLARD LEGACY PROGRAM



HAS THE ‘MISSION CITY’ LOST SIGHT OF THEIR MISSION?



PRESS RELEASE ABOUT SOUTH BAY WETLANDS -

JUSTICE UNDONE - -

ANIMAL CRUELTY ATTEMPT -

EVIDENCE BLOGSPOT -

---

SUPRESSED EVIDENCE - VIDEOS AND PHOTOS:

1) – Mallard ducks at the Calabasaz Creek -

2) – this shows Mr.Olenak pouring what appears to be bleach into duck food during the Spring of 2006 -

3) & – see Tom Foley after he followed Mr. Roper home and just before he attacked Mr. Roper on 11 Apr 2006 – INTERESTING FACT: neighbors who witnessed this particular attack were not contacted by the police despite Mr. Roper’s request for them to do so – these same neighbors who had lived in the same house for over 30 years, moved out the very next day to an unknown location!? –

4) - this shows a State Law crosswalk sign – Mr. Roper has a crosswalk in front of his residence which is close enough to an elementary school to require the installation of a crosswalk sign, but after repeatedly calling Santa Clara Traffic engineering about installation of a sign a few years back, no sign was ever installed.

> In fact; the very same day Mr. Roper was arrested on June 14th, 2006, he posted an entry on his web site called WHAT CROSSWALK SIGN (go to: )

5) - this video shows one of two mild yet effective speed humps located in Cupertino, California – The proposed new Kohls development at El Camino Real and Lawrence Expressway will cause excess traffic in the surrounding neighborhoods, therefore the developer should be required to pay for permanent traffic calming solutions to offset this encroachment (see: & )

6) & - these videos show ducklings with their mother duck near the Lake Terrace Apartments during the spring of 2006 –

7) – this is an email Mr. Roper received on December 15th, 1998 from the City of Sunnyvale regarding communication with the police chief, and just days before being almost run over and attacked by his ex-neighbor Mr. Struble. INTERESTING FACT: The police chief stepped down from his position about one month after this email was sent to Mr Roper.

8) – this photo shows two strangers who came to Mr. Roper’s front door during the middle of the night a few years back – The Sunnyvale police officers who responded (one of whom was Officer Terrones) did not take a report, and did not talk to Mr. Roper’s father (who witnessed the harassment) – NOTE: the suspects license plates were removed beforehand and the officers did not notice this either –

9) – this video shows Kohl’s on one particular morning when the parking lot was packed full – question: how is Kohl’s going to provide enough additional parking once an 8-story structure is built? -

10) – this video shows Mr. Olenak at work harassing the ducks with his dog – this is the same method of attack which he used on Mr. Roper on the morning of 24 May 2006 (also see: MISTER-OLENAK video below – this particular video shows Mr. Olenak admitting to his 24 May 2006 attack on Mr. Roper) -

11) – this video shows Mr. Olenak admitting to pouring bleach on duck food during the early spring of 2006 –

12) – this particular video shows Mr. Olenak admitting to his 24 May 2006 attack on Mr. Roper –

13) – this video shows a neighborhood lady complaining about excess traffic and vehicles being driven illegally upon the Peterson middle School field – this video was then sent out to Mr. Roper’s bulk email list of public officials, and a few weeks later development was considered at the field despite presence of wildlife habitat – (go to: - NASA SATELLITE IMAGE) –

> video shows proof of Mr. Roper’s continuous, gadfly activism, and this has a lot to do with why Mr. Roper is being considered a ‘nuisance’ by some down at the City of santa Clara – If Mr. Roper is such a nuisance, why did ace Sunnyvale Officer Dean Discher recently thank him for all the help he provides to the neighborhood?)

14) – this photo shows injuries incurred upon Mr. Roper by Officers Lopez and Fitting – a much bloodier photo taken by Mr. Roper’s transport officer is also available – basically; Mr. Roper walked outside of his house after practicing his musical instrument one fine, sunny afternoon in 2006, and was subsequently ambush by about 12 armed police officers after an unmarked vehicle – 1) two officers jumped out and threw him to the ground – 2) no rights were read to Mr. Roper, and 3) he was whisked off to the Santa Clara Police Station)

15) – proof of Mr. Roper’s nuisance gadfly activism; after passing out roughly 8,000 flyers regarding the Peterson Middle School field, a group of neighborhood volunteers were inspired by his single-handed actions, then took over the neighborhood flyering duties – the flyer came from this mighty group of Roper-inspired volunteers.

‘Science has shown that people like to feed ducks - you can’t argue with science’ – Lik Roper

- end -

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download