FBI director Robert S. Mueller III Full document out

To Robert Swan Mueller III

12th Director of the Federal Bureau of Investigation

Mario Herrera. Hjortevej 2. Horsens. 8700. Denmark. Tel. 45-2929 5209

www.norightsforyou.com [email protected]

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Index 1 Personal information:...........................................................................4 2 Incident Information: ...........................................................................4 3 Chronology...........................................................................................5

3.1 The unlawful arrest .......................................................................5 3.2 Reporting to the USA embassy.....................................................9 3.3 Unlawful arrest............................................................................10 3.4 The two court process: ................................................................12

3.4.1 First Court (June 25, 2007) ................................................13 3.4.2 Official Danish Police Indictment........................................14 3.4.3 Second Court (October 12, 2007) ........................................15

3.5 Key- or Critical Evidence hidden from the Court. USA embassy knew that and until today in conspiracy silence....................................18 3.6 Florida Legal Service. Florida Bar Association. Florida General Attorney.................................................................................................20 3.7 Petition to the Federal Bureau Investigation...............................21

4 The role of consul Marilynn W. Rowdybush ....................................23 4.1 Marilynn W. Rowdybush never met me .....................................23 4.2 No protest about violations of the Vienna Convention...............23 4.3 25 days delay to request the Danish police.................................24 4.4 No real protest about discrimination and a sleeping judge in the first court ...............................................................................................24 4.5 No protest about discrimination in the second court ..................25 4.6 Justifying an illegal strip-search .................................................26 4.7 Making medical conclusions and implying that I am lying about my health ...............................................................................................26 4.8 Limiting my rights to assistance .................................................27 4.9 Unprofessional and indifferent case handling ............................27 4.10 Defending the Danish authorities, taking for granted that I am a liar and a criminal..................................................................................28 4.11 Supporting the police’s actions without evidence ......................28 4.12 Continuous allegations that I am lying about my health ............30 4.13 Accepting that the Vienna Convention is violated in MY case..30 4.14 Claiming that the Embassy has done all that it can ....................30 4.15 Note about Anita F. Funcke ........................................................31

5 Summing up .......................................................................................32 5.1 My accusation .............................................................................33

5.1.1 In the base of Denmark Police and FBI collaboration.........34 6 Inventory of CD Documents..............................................................35 www.n

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Robert Swan Mueller III 12th Director of the Federal Bureau of Investigation I Mario Herrera, American citizen, am requesting to the FBI (Federal Bureau of Investigation) your intervention to fully investigate this crimes committed by federal USA authorities in this case and to put in front of the USA judicial system whoever will come responsible. You can count with my full cooperation in this investigation as well as my wife Gitte Toldsted. I am writing to you, FBI’s director Mr. Swan Muller, due to that I called last July 6, 2009 your FBI official Mr. Brain in charge at the USA embassy in Copenhagen, Denmark and simply requested to him: To Where and Whom, I must to address my complaint. However Mr. Brain conditioned me this requested information to first talk with Anita F. Funcke (a person that is directly involved in this

crime), plus promising to answer me back in two days and that never happened. As this has been the typical behavior, playing around with my person, that I want to report about all these USA authorities in the base of conspiracy and abuse of legal attributions (deprivation of rights under the

color of the law). I am attaching a voice recording (See Folder 15) with your FBI official Mr. Brain and me about our conversation last July 6, 2009. (Mr. Brain

was aware that he was recorded) Please, maybe you can address this complain to the appropriate FBI hands that will appreciate attend me with respect. However, I want left high and clear, that Anita F. Funcke is one of the direct responsible group (See chapter 5) that I am making responsible in my accusation both in the USA embassy in Copenhagen, Denmark as in USA State Department. At the time that Mr. Brian decide to talk to her first, without to receive my full arguments and evidences, he is putting on alert all the other persons that I am accusing both conspiracy and deprivation of rights under the color of the law. Now, I pass to explain my case:

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1 Personal information:

Name: Mario

Last Name: Herrera

Social Security #: 595930602

Passport #: 047884147

Born: Cuba

USA vote ID Card: 02592652

USA address: (old address) 875 SE 12 St. Hialeah. Fl. 33010. USA

Denmark address: (Actual address)

Hjortevej 2. 8700 Horsens. DK

Civil Status: Married

Wife: Gitte Toldsted – Danish citizen

Telephone: 45-2929-5209

Email: [email protected]

Website: www.norightsforyou.com

Residence permission in Denmark:

DK00296104

Occupation: Student

Academic level: Bachelor degree (Starting a masters

degree next September 2009)

2 Incident Information:

Date: November 1, 2006.

Place: Hulgårds Plads. Copenhagen. Denmark.

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3 Chronology

3.1 The unlawful arrest

November 1, 2006 I was boarding a bus at Hulgårds Plads, after I left the dentist’s clinic to head to my house. Despite that I paid my bus ticket (See Bus ticket at folder 15), the bus driver, of the route 5A in Copenhagen, was complaining at me. The bus driver and two other men attacked me verbally, and until today I don’t know exactly and it is not clear to me the reasons why they used such verbal attack (Most of it in Danish language and the three of them

pointing insistently with their finger to me). The bus driver requested that I have to leave the bus or he will call the police (Now in English). While I did not commit any crime, I supported his initiative and I agreed that we will wait for the police officers arrival to clarify the reasons that he and the two other men were verbally attacking me. Around 10 minutes later and after these two officers arrived, one of the officers named Nicolai Cederskjold (See picture at folder 10) he asked my nationality. I answered, “I am an American citizen”, and then he asked me what happened. I explained to him the rude and aggressive addressing from the bus driver and the two other men to my person, and I let Cederskjold know about my intention to report them to the police authorities. Mr. Cederskjold answered me back that no problem at all, but he wanted to ask me to step down the bus to talk with me. I proceeded and once we were out in Hulgårds Plads, he waived the bus away. I was surprised because I never saw him or his partner Anders Bitsch, taking the names neither of the bus driver nor of the two other persons involved. Then I asked him the reason for his action waiving the bus away, and how now he will know the names of the other two persons whom together with the bus driver were verbally attacking me in the bus. Now Cederskjold said to me that he only cared about to ask my name, and I answered Mario. He said to me to mention my other identification like last name and CPR number and so on. And I said “no problem, but I would like to go to the police station to talk with your superior, please”. They both, Nicolai Cederskjold and Anders Bitsch freezing each other, they looked at each other for a moment and without to know what to do www.n

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for a while. After that suddenly Anders Bitsch was yelling at me, “…take your hands out of your pockets…”. Immediately I followed his instructions and I pulled out my hands from the jacket’s pockets, and I showed in front of both of them what I had there in my jacket pocket. There were a pack of chewing gum, some Danish coins, my house keys and my cell phone. Then when I said “I will call the American embassy”, and I was in the way to put my phone to my ear, the next thing I knew I was brutally attacked (started by Anders Bitsch at my right side at this moment) by these two officers and thrown to the park ground up side down without any justifiable reason. Cederskjold mounted with one knee on my back and with the other knee splashing my head against the floor started reading me the “Miranda Rights” but in a sarcastic manner, and asking me, “…Hey Mario, how do

you feel now? Do you feel a lawyer now Mario?...” and at the same time Anders Bitsch, he was seated with his knee on my lower back and legs. Both of them were laughing and using sarcastic statements. It is at this point, and AFTER that I have been thrown to the ground upside down, handcuffed, under extreme pain and mocked by these Danish police officers that I said to them “Fuck you” and “Fascist”. What is the crime of that? I want to remark that in this position, and near the exact place where this event happened, there is a bicycle path, and by there crossed multiple cyclists. Every moment I could, I yield “I am American citizen, please call the American embassy”. Then Nicolai Cederskjold covered my mouth with his hand and strongly pushed my face against the ground to avoid I could talk. This it was also extremely painful in my face and my neck. This is the official accusation or indictment from the Danish Police November 1, 2006. (See Folder 7). I repeat that at the moment of the arrest I never ever was notified the reasons why I was arrested. As a matter of fact at court, they never ever could proof neither that they said to me the reasons why I was arrested. Then after around 10 or 15 minutes in this position, I was lifted up from the ground by around five officers, taking my arms at the level of my

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wrists, letting me hanging with my weight of my body in the air, (it was

at this moment I felt a crack and strong pain in my left shoulder) and always upside down and handcuffed. Then they threw me inside a police van, and then they took me to the police station which is less than 200 meters from this Hulgårds Plads. Now inside the police van, under streaming painful exposed, I am again upside down, but now with my legs in crossed position (an illegal bone

lock) and with one of the officers sitting on them which were extremely painful too. Cederskjold is covering my head with my jacket provoking to me an asphyxiating situation. He is asking me, “…Hey Mario, what do

you say, do you want to kill me?...” (This is old totalitarian dictatorship

typical trick, to provoke you with the intention that you will be

incriminated with your own words) and I answered him back “You have

to know more than that” Once at the police station, they took me again lifting or suspended in air position from the police van to the police front desk. Once there they let me stand up and then I spoke to a tall officer that it seemed everybody was reporting to him. He seemed to me the boss of this team, and I asked directly to him that I wanted to call the American embassy, and his answer was the typical despotic speaking “…Yeah, yeah, yeah…” Then he gave order to throw me in a holding cell. He was one of the around six officers there inside the holding cell, and where later I could realize there was a video camera and a microphone at the ceiling height. At this point, inside the holding cell now, there are six officers at least (for what I could count their legs from my floor position), and I am for sure that Nicolai Cederskjold is there and also Anders Bitsch, because I keep hearing their voices. They proceeded to take off my trousers, my underwear, and starting to laughing and talking in Danish, touching my ass and my genitals. They also took off my shoes. Then, they left me in this position, and immediately they started to retire from the holding cell. All what I am saying here it has to be recorded in this video camera in the holding cell. From this moment and on, I started over and over again to call and kicking the metal door requesting to speak with the American Embassy. They totally ignored me. After around 4 hours and from the microphone speaker they answered me back that what do I want? I said to speak with the American Embassy, but nothing happened. Then I continued the same

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procedure and then some time later appeared in the cell two officers, a man and a woman with a blanket. I explained to them, that I have a big pain both in my ribs and my left shoulder, that I am feeling cold and that I want to talk both the American Embassy and a doctor. After around the fifth hour, then finally appeared two officers, in civilian dressed. No uniform, and what they asked me is what I want. I said again, I want to call the American Embassy, a doctor and a lawyer. One of them, in a bad attitude said that due to my attitude and I disserved to be there for more time. I answered back, I do not care, but I still want to call the American Embassy. Then the other officer, (they never identify me even my request) pretend to me intermediating and suggested me to go upstairs, I explained to him that I have the right to see a lawyer, and he invited me to go upstairs with him, and then he promise that he will call a lawyer for me. He made (apparently) a phone call in front of me at his desk, and after a while, he exactly said to me that no lawyer is available in Copenhagen; that the only lawyer available in a case like this is in Shan-gai Chine, and he is not available. I said that this can not be possible and he answered me back, that it is the way it is. Then he started to read me the police accusation or indictment from his computer window, and I said to him that no matter what he will say there, I will not sign anything and I request the presence of a lawyer. Then he said to me that he needed to take my picture, my finger prints and DNA from me. I said that I got no problem with the picture and the finger prints but the DNA it has to be in front a lawyer, and if they take my DNA it is under protest.((**) see page 9). Then I said to him that I will protest this to the American embassy and to the Danish authorities. He answered me back “Yes, you should do” and then he delivered a brochure in Danish (See folder 15) with the instructions how to complaint to the Danish State Attorney, and then this police officer delivered me back my mobile and I called my wife for as soon as possible pick me up, because at this point due all the pain in my body I wanted to go immediately to a doctor. Then after five hours I was released and finally my wife arrived with a taxi, almost two or three minutes after I went out of the police station

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door. And then we went immediately to the doctor’s office, which is just across the previews mentioned Hulgårds Plads. The doctor made me a body check and she said that there were not any broken bones. Because of my bruises she gave me a tetanus shot, she put me a strong pain killer and she suggested that I will go to my personal doctor and the hospital first hour in the morning. I went home with the intention to sleep and go the American embassy before to the doctor to report the case. At this point I got pain in all my junctions, and knees but the heavy pains they were in my ribs, left shoulder and neck.

3.2 Reporting to the USA embassy

November 2, 2006. First hour in the morning, around 9:00 am at the American embassy in Copenhagen, Denmark, both my wife Gitte Toldsted and me, we presented at the consulate. We reported the case, and from this moment and until she was “mysteriously” released or removed from attending my case, Ms. Anita F. Funcke, she was the person to attend my case in the first and second court trial. I only received a list of possible Danish lawyers to contact and signed a document of privacy. Nothing else. No body can give me an explanation why: Not until 25 days later!!! November 27, 2006 the USA embassy in Copenhagen, Denmark released a request to the Danish police to clarify the reasons why I was arrested. (See folder 7). Never ever the actual USA consul in Copenhagen, Denmark Marilynn W. Rowdybush have been showing me her face in any of at least three or four of my visits to the USA consulate in Copenhagen, Denmark. (All of

them together with my wife Gitte Toldsted). I don’t know and I can not identify in any way this person. She never showed me her face. Marilynn W. Rowdybush started to write to me, after I notified in July 2007 via telephone in a conversation with Anita F. Funcke that I already sent a letter by regular mail to USA Secretary of State Condoleezza Rice. (First letter, in total Condoleezza Rice received 4 letters until she finish

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3.3 Unlawful arrest

• Never ever the Danish police said or informed to me the reasons why I was arrested. (That makes it a high and clear illegal arrest.

Then just after 5 hours later when I was released they verbally

notified me). In Denmark an arrest always has to be under justified reasons and promptly information of reasons of such arrest. This was NOT my case. See information to USA citizens from USA State Department about Denmark1. USA embassy was informed about that and they kept in silence.

• Never ever the Danish police allowed me to contact the USA embassy, a lawyer, a doctor or my family. Despite my multiple requests. This is a high and clear violation of Vienna Convention on Consular Relations of 19632. USA embassy was informed about that and they kept in silence.

1 “Arrest and Detention

By law the police are allowed to begin investigations and make arrests either without a warrant based upon visual evidence, or on the basis of indictments filed by public prosecutors with the courts. A court may summon the accused to appear or order police to arrest the accused based upon an application filed by a public prosecutor. Apprehended persons were brought before an independent judiciary. If an individual is taken into custody, the law provides for an initial appearance before a judge within 24 hours; however, noncitizens may be detained for up to 72 hours before being given a court appearance. Authorities generally respected the right to a prompt judicial determination. Detainees were informed

promptly of charges against them. The country does not have a bail system; rather, a judge decides within 24 hours of detention either to release the detainee on his or her recognizance or to keep the detainee in jail until trial. According to the Office of the Director of Public Prosecution, of the total number of pretrial detainees in 2006, 88 percent served less than three months in pretrial custody…The law does not allow any visitors during the first 24 hours of detention except for legal counsel. However, depending upon the charges, the police generally did not restrict visitor access in practice” http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119076.htm 2 (Article 36(a) of the Vienna Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820, 596

UNST 261, a multilateral treaty to which many, but not all, countries are party provides that consular officers shall be free to communicate with their nationals and to have access to them. However, Article

36(b) provides that the foreign authorities shall inform the consular officer or the arrest of a national "without delay" (no time frame specified), if the national requests such notification . Bilateral Consular Conventions between the United States and individual countries are more specific, requiring notification, regardless of whether the arrested person requests it, and generally specifying the time period in which such notification is to be made. When there is no treaty in force, notification and access are based on comity and largely dependent on whether the two countries have diplomatic relations. http://travel.state.gov/law/info/info_639.html )

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• My protection rights under the Vienna Convention on Consular Relations of 1963, it well backed up under USA Constitution3. USA embassy was informed about that and they kept in silence.

• (**). The Danish police never presented or gave the opportunity to have a lawyer4 after my several petitions at the time they took DNA from me. Despite my requests and warning that whatever they do, it will be under protest. USA embassy was informed about that and they kept in silence.

• The Danish police in their unjustified and brutal arrest they inflicted me several lesions; in my ribs, knees and especially in my left shoulder. This lesion it is for life. They have created a lesion that until today I could not recover it and not it will be in the near future. See doctor documents (See Folder 5). These documents have been delivered to the USA embassy in Copenhagen. Denmark. USA embassy was informed about that and they kept in silence.

3 (“…Under the US Constitution a treaty like the Vienna Convention on Consular Relations is the

supreme law of the land. It is also in effect in more than 160 other countries. Just as the Vienna

Convention and other treaties protect Americans overseas, they also apply to foreigners residing or

visiting here. They ensure that Federal, State and local authorities provide the opportunity for arrested

or detained foreigners to communicate with consular officers from their governments.…” Explicitly

words from USA State Department. You can see at files on the CD attached to this letter or at the

following link: http://travel.state.gov/law/consular/consular_2001.html )

4 “The law does not allow any visitors during the first 24 hours of detention except for legal counsel.

However, depending upon the charges, the police generally did not restrict visitor access in practice.” http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119076.htm

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3.4 The two court process:

Below the Danish Police Indictment (English translation) that came from the “Blue Sky” 22 days Later (November 22, 2006) to justify my arrest. All what I have been accused in this indictment, it is after I was arrested. Then again: What is the reason why I was arrested?

Indictment Juror case Date: November 22, 2006 Journal no.: 0103-70300-00208-06 Case handler: 17490

The president for Copenhagen City Court – The court in Frederiksberg

Mario Herrera-Padron

Is charged at the Copenhagen City Court/The Court in Frederiksberg with claim of imprisonment for 1. offence of the criminal law § 119, stk. 1, and the criminal law § 121. By November 1. 2006 at about 11.53 AM at Hulgårds Plads in Copenhagen NV to have attacked the officers on duty Anders Bitsch and Nicolai Cederskjold with threat of violence, while he, after having being arrested , more times shouted at both of them: “I am going to kill you”, “You don’t know, who you are dealing with”, “I am going to get you” or the like, as well as he was spiting after them, and while he as well attacked Bitsch and Cederskjold with scorn, swearwords or other offending address, while he at both of them shouted “Fuck you” and “Fascists” or similar.

Jens Rasmussen Police lawyer.

Kristian Braad Jensen

Police head clerk. Figure 1: Indictment (translated into English by Gitte Toldsted)

For clarification : From this indictment, I only recognized that I said “Fuck you” and “Fascist”, but AFTER I was beaten to the hell and mocked by them. Everything else has been made up by these two Danish police officers.

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Even themselves recognized at the time to write their own indictment that I said that “AFTER” (Word that I have been repeating over and over

again in both court trial and always have been negated to put in the court

log-book and USA embassy witness in both court have been silencing to

report). Then again:

• What is the reason why they arrested me?

• Why the American embassy in Copenhagen, Denmark and the USA State Department have been accomplished not to request this reason and then protest to guarantee my fundamental rights?

This was an illegitimate, unlawful, illegal arrest. And the USA embassy and the persons responsible inside the USA State Department, they have been accomplish and in conspiracy negating me my fundamental rights protection, well described under Vienna Convention on Consular Relations of 1963. Article 3 These persons have to step forward in front an USA federal court and explain their reasons and motivations. Then next I will explain the two court trial processes:

3.4.1 First Court (June 25, 2007)

Before this court happened, I send an email to Ms. Anita F. Funcke with date Saturday. March 24, 2007. In this email almost 3 months before the first court case, I warned the USA embassy that I will be submitted to a “Circus” or without any legal process guarantee. (See Folder 13)

In this first court, there were three judges, one of the judges a woman, the only woman. She is a person that look like she got some physical impair conditions, because she has a hearing loss problem, she need and she was using extra help hearing equipment. But the most significant it is not only that she got difficult to hear, she was also SLEEPING in court, that happened in front of my former lawyer, USA embassy case worker Ms. Anita F. Funcke, my wife Gitte Toldsted and of course myself.

The judge treated me with discrimination, but beside that and this document in the hand of USA embassy, they DO NOT protest that one judge was SLEEPING in court, Protest by my former lawyer Ms.

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Hanne Raehbek (See Folder 7) This document was provided to us from Anita F. Funcke in a mail package where together she was announcing me that she will not be any longer my case worker. (See Folder 7). Time later Anita F. Funcke announce me that she will me my “observer” on the second court trial.(See Folder 7). (Now she is an “observer” in the

second court, then what was she in the first court? And what exactly is

her roel here. She could not be changing status without a direct concern

from her direct boss Marilynn W. Rowdybush)

Never ever, the USA embassy, through the consul Ms. Marilynn W. Rowdybush or ambassador Mr. James P. Cain, despite them to know about the SLEEPING fact from this Danish judge in court, they never arose any kind of protest to Danish authorities.

This document was backed up to the USA embassy by Ms. Raehbek.

After that, then the only “protest” from the American embassy (See

Folder 7) over my first court case, a “semi-protest” if you want to call like this, that never ever again was followed up after the initial statements, and from there started the TOTAL SILENCE.

And as you can see in this “protest”, never the fact of the SLEEPING judge was mentioned and Anita F. Funcke was well aware of that, as a matter of fact, she alerted my wife Gitte Toldsted about this judge’s behavior.

Later I dismissed Ms. Raehbek, as my lawyer to go to the second court, due to that she insisted that I must accept the sentence imposed by this jury as best solution. Obviously, I was completely disagreeing with that and I insisted declaring innocent until the opposite is proved.

3.4.2 Official Danish Police Indictment.

If this is the official indictment from the Danish police above (Figure 1); why has the USA embassy left me be judged by the Danish judicial system for different reasons, like if I did say or not say my full name for example for instance?

Somebody has to answer in what conditions the Danish police can accuse me for this without to explain the implication that lead to this situation. www.n

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Why my government, the United States of America is giving me the back and not giving me my fundamental rights of protection?

The USA embassy in Copenhagen have been totally accomplished and in conspiracy to let me without any legal protection. This has been happening with the total support of the USA embassy in Copenhagen. Denmark.

• Declaration of Anders Bitsch (See court-book Folder 15)

• Declaration of Nicolai Cederskjold. (See court-book Folder 15)

See English translation of the court logbook and take your own conclusion. And as Vienna Convention on Consular Relations of 1963 “law under the USA Constitution”.

It will be evident, that despite the multiple contradictions wrote by this group of court judges. (Remember that here in Denmark no tape recorder

or steno-machine, or anything else is allowed to support judicial process

statements; only the written conclusion of these judges are the last

statement). They could not prove neither the indictment for what I was accused, nor even the other “reasons” that they used to incriminate me. Like if I said my name or not, or my full name, topic that it is so ambiguous and weak.

But yet, could this justify this police brutality?

Then if I have been judged for different reasons than the exposed in the Danish police official indictment, then the following question come to me, why the USA embassy let me be judged without protest in this illegal circumstance?

Why the USA embassy in Copenhagen, Denmark has been so cooperative with this type of lack of judicial guarantees?

3.4.3 Second Court (October 12, 2007)

Now with real evidences and proof, again I warned one more time, the USA embassy that this second court will be again a “Circus” just to protect these two Danish police officers. (See Folder 13), (October 9, 2007) email to my case Worker Ms. Anita F. Funcke I warned high and clear to despite that she was “dismissed” from attend my case "I am not

longer your case worker..." September 12, 2007 (See Folder 7).

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In this second court again, I was treated with discriminatory statements from the Danish police prosecutor, who now requested me the highest penalty possible. This prosecutor made a statement like “…your honor,

you can see this Caribbean temperament from this person…” in clear allusion to the way I defended myself in front of the court; however we has to remark here that never I showed lack of respect, a discriminatory word or offending nobody of the members of the court or the room this day. Just because I was defending my points like I am doing here right now, with the conviction that I have never been committing any crime.

This second court trial, it now happened in front of the “observer” Ms. Anita F. Funcke my wife Gitte Toldsted and a family friend of us. (She

was presented to Anita F. Funcke this day before the court process).

Ms. Anita F. Funcke, in the aftermath of the second court, she personally congratulated me in front of my wife and this family friend of us, about the way I defended my self and we were commenting about the discriminatory statements now from the Danish police prosecutor. No statement or complaint was raised this time from the American embassy in Copenhagen. Total Silence.

In this letter (See protest letter Folder 7) from USA consul Marilynn W. Rowdybush, at least officially she was recognizing that I was discriminated (Even she refuse to mention such word) in this first court case. Although later she never followed up by any request neither notified me about the final result of this protest.

The consul Rowdybush, she also failed to report in this incident, about the sleeping judge in court, that happened in front Anita F. Funcke, my wife Gitte Toldsted, my former lawyer Hanne Raehbek and myself.

Anita F. Funcke, ensured us that she would report the incident.

Then if they recognized that I was discriminated and the USA embassy has been fully backed up with all these information, then:

• Why did they not continuously follow up on this request from Ms. Marilynn W. Rowdybush?

• Why did the USA embassy let me go to a second court trial, knowing these precedents of lack of legal guarantees?

• Why did they never request the Danish authorities why I was not allowed to have my protection rights according the Vienna www.nor

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Convention of 1963 on Consular Relationship Article 36(a)? Why still the conspiracy silence to request this fact?

• Why did they never request the Danish authorities what is the real reason, or motivations that justify these police officers to jump in the police brutality against my person?

• Why the USA embassy has been agreeing to let me be judged for reasons different from the Danish police indictment?

• And again: What is the reason that I was arrested?

• Again I dismissed the former lawyer in the second case court Mr. Anders Skovholm; in this case for his very weak defense. I also released lawyer Mr. Claus Bonnez from the same Skovholm’s office because I did not find a comfortable defense work from these two lawyers. As a matter of fact, it was inside their documentation where, a few days later after the last or second court trial, it jumped the letter from Jens Rasmussen, inside a package of documents where Mr. Bonnez was inspecting in front of my wife Gitte Toldsted. Since my wife is Danish, she was able to read this document and immediately reacting requesting Mr. Bonnez about this document and the reason why it was not presented in court. Mr. Bonnez he did not know what to answer about it and only limited to say that this document arrived in recently package from Danish State Attorney.

• This Danish police prosecutor in this document was saying a total different statement that the rest of the police department about my arrest. (See below 3.5 “Key- or Critical Evidence hidden from the Court”) A document that if it had not be hidden by the Danish State Attorney in my two court cases I would not have been unfair judged by them.

• Immediately the USA embassy in Copenhagen, Denmark, former ambassador Mr. James P. Cain (Together with senators and

congressman in Florida, as USA Secretary of State) They were informed about this document, letter November 16, 2007 . (See folder 3).

Only conspiracy SILENCE from USA embassy in front of both Danish police and Danish judicial court violations!

Marilynn W. Rowdybush in every letter that she has been writing to both my wife and me, she has been always taking it for granted that I was guilty without to guarantee me my fundamental juridical rights or to respect that I am innocent until to prove the opposite. She never have been capable to request the Danish police why they did not allowed me in first instance to contact the American embassy as I requested. Only for

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this, this lady deserves to be in front a judicial court for violation of statutes:

• Title 18, U.S.C., Section 241 Conspiracy Against Rights.

• Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law

http://www.fbi.gov/hq/cid/civilrights/statutes.htm#section242

My actual lawyer in Denmark, processing my case to lawsuit Denmark in the European Court of Human Right, he is in total disposition to collaborate with whatsoever concern about my case investigation with the FBI authorities.

Information about my actual lawyer is:

Advokatfirmaet Tommy V. Christiansen (Law firm) Mr. Jan Schneider. Lawyer Søren Frichs Vej 42A 8230 Aabyhøj, Aarhus Denmark Phone +45 7011 0800 Fax +45 7011 0801 [email protected] [email protected]

3.5 Key- or Critical Evidence hidden from the Court. USA embassy knew that and until today in conspiracy silence.

Until now, only copy of hand-writing it was allowed to take from my lawyer. This copy and translated in English was sent to the former ambassador James P. Cain in letter with date November 16, 2007 . (See

folder 3)

In the base of the cooperation between FBI and Danish police. I am asking to the FBI to request Danish police about Danish prosecutor (State Attorney) Jens Rasmussen and his official statement that was hidden by the Danish State Attorney in TWO TIMES case courts against my person. Both of my former defense lawyers have let me know that they never saw or received this document.

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See both Danish and English translation from Danish State Attorney Jens Rasmussen attached to CD. (See folder 7 ).

http://www.norightsforyou.com/justiceobstruction.htm

Request the following persons from USA authorities, the reason why they knowing about this hidden key evidence in court they have been in conspiratorial silence and letting me go through a judicial process without any judicial guarantee.

Am I innocent until proven the opposite or not? In both countries, USA and Denmark, that is the way constitution say it. Why do the Danish authorities have been violating this principle? Why do the USA authorities have been playing “dumb” and ignoring this principle?

The Danish authorities, not even hidden this key document in the two court trials, (Jens Rasmussen prosecutor’s letter) they could prove what they have been saying.

• How does this consul Marilynn W. Rowdybush has been in conspiracy silencing this so obvious fact? To whom is really Rowdybush working?

• Why has the USA embassy let me go to a judicial process where I have had all the time to prove or demonstrate that I am innocent, when it is suppose to be the opposite?

• Why do the USA embassy and USA authorities knowing of this key evidence let that happen without pronouncing only one word of protest about it?

Here there are high and clear CONSPIRACY!!!

Step forward in front of the USA judicial system those inside the USA embassy in Copenhagen, Denmark that negate me my elemental protection rights?

Step forward in front of the USA judicial system those inside the USA State Department that negated me my elemental protection rights?

Step forward in front of the USA judicial system those (President, Secretary of State, General Attorney and Governor, Congressman, Senators all from Florida) inside the USA political system that negate my elemental protection rights? www.n

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• USA embassy in Copenhagen, Denmark. Security Officer Jeff Howard.

About everything exposed here in this letter, this officer affirm that the embassy have been made an “exhaustive” work on my behalf. I would like to know if Mr. Howard is referring when the embassy took 25 days to request the Danish police after I reported to them November 2, 2006. Mr. Robert Swan Moller III, with all due respect to your person, but do you think that if you have a family in my same situation this Mr. Howard will be saying the same thing? In your case, or for example, Florida senators Bill Nelson, Mel Martinez, Florida congressman Lincoln Diaz Balart, the embassy will take 25 days to request the Danish police? If Mr. Howard is referring to “exhaustive work in my

behalf”, that the consulate did to me, according to him, then why are they still in silence to request the Danish police to request the reasons they did not let me have to call the same embassy where he is working? and why they did not let me have a lawyer? Mr. Harward could explain why is the reason the former ambassador James P. Cain negated me a meeting? The question is, to whom Mr. Howard is working in this conspiracy silence? He said that “…in light of my tone…” (What tone? What does he

is talking about it? What does he wan to mean?) for that reason I have been officially grounded to receive only passport service through email service. This is a serious threat from Mr. Howard to my person in behalf of the USA government and USA constitution, in other words, using deprivation of rights under the color of the law (Title 18, U.S.C., Section

242Deprivation of Rights Under Color of Law and also Conspiracy). Mr. Howard is grounded my rights as American citizen and he need to explain for what reasons and demonstrate evidence in court. Mr. Howard need to explain all these question in front USA judicial court with all the judicial guarantees that instead he has been negating to me until today, Mr. Howard is also directly responsible in this conspiracy. See Jeff Harward security officer’s letter to my person (See folder 4 )

3.6 Florida Legal Service. Florida Bar Association. Florida General Attorney

Due recommendation from the legal assistant Mr. Warren Davis telling in behalf from USA Florida governor Charlie Crist. (See Folder 11) I contacted Florida Legal Service and Florida Bar Association. In both case, they received my multiple request and they “disappear” in the most

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incredible conspiracy silence. It same like I am not an American citizen, it same that I am a citizen from the North Pole.

In my last four years I have been a full time student here in Denmark. I am a low income person, thus I perfectly qualify for a Pro Bonus program for legal assistance. I have been requesting this right to these two institution multiple times, and again they have been answering me with the conspiracy silence. Florida Legal Service: Kristine Rocco

[email protected] and Florida Bar Association Karen Kelly. (5810) Florida Bar Sponsored Referral Services. [email protected] Zina Jackson (5768) International Law Florida Bar. [email protected] Angela Froelich (5633)International Law Florida Bar. [email protected] All these person know perfectly about my case, simple they did not want to do anything (See Folder 12).

3.7 Petition to the Federal Bureau Investigation

In the base of the collaboration between Danish police and USA Federal Bureau Investigation I want to ask that you request the Danish police for the document hidden in the two consecutive court I was judged;

• Journal No.: 0103-70300-00208-06, Case handler: 17490, Marked: “PKN Bilag: 12”.

Of course you can ask the full folder with my full authorization. But this document “PKN Bilag 12” That is the key evidence or document hidden in court to my previews lawyers from the Danish Police prosecutor Jens Rasmussen.

In other words, somebody, in somehow inside Danish State Attorney, decide to take out this document from the folder and NOT delivery to my defender lawyers in the two court process where I was submitted.

Then later after the second court finished, some days later, this document arrive “sneaky” inside a package of other documents to my former lawyer Skovholm’s office. This was immediately reported to the USA embassy in Copenhagen Denmark. See letter November 16, 2007. (See Folder 3).

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USA authorities warned about hidden key evidence in court in letter November 16, 2007. Jens Rasmussen’ statement or declaration.

1. Ms. Condoleezza Rice, Secretary of State. USA. 2. Mr. Mel Martinez, Senator from Florida 3. Mr. Bill Nelson, Senator from Florida. 4. Mr. Lincoln Diaz Balart, congressman from Florida.

The statement present in this document by this prosecutor for itself will evidence and demonstrate the weakness and the recognition from themselves of the lack of evidences against my person. This document was hidden with the intention to prosecute me and declare guilty. The USA American embassy, the USA State Department knew it, Florida Senators and Congressman, all of them were well aware of this case.

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4 The role of consul Marilynn W. Rowdybush

How Consul Marilynn W. Rowdybush has been contributing to the CONSPIRACY and Abusing her power to sabotage my legal and human rights of protections. We have to put clear here, that this is a grown up person, she is not a USA Consul by mistake, she is not an ignorant put there just to fill up a job gap. She (and They) knew what she has been doing. Beside CONSPIRACY and DEPRAVATION OF RIGHTS UNDER THE COLOR OF THE LAW. So also the word PREMEDITATION is a key word to analyze in this case. In that base I want that FBI (Federal Bureau

Investigation) open an exhaustive investigation to bring the persons responsible for this crimes and their consequent prosecution. If I had been granted my fundamental rights according to The Vienna Convention on Consular Relations, Article 36(a) of the Vienna Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820, 596 UNST 261, as the USA State Department announces and promises to all American citizens, today Danish authorities would not have been doing a quarter of all the cheating that has been done until now in my process to violated my fundamental rights.

4.1 Marilynn W. Rowdybush never met me

Marilynn W. Rowdybush never ever has met (showing her face for to

be more specific, not even through the glass window at the USA

consulate) neither my wife nor me, in our at least four visits to the USA consulate at the American Embassy in Copenhagen. At this point, none of us can identify this consul because we have never seen her, spoken to her or had any other kind or type of direct visual or personal contact with her. This can give you an idea of the discriminatory treatment I believe that I have been receiving from this “Consul”. (Would this happen if an

American citizen, white, with Anglo name and last name would be in my

same situation?)

4.2 No protest about violations of the Vienna Convention

Marilynn W. Rowdybush has never protested to the Danish authorities the reason why they did not allow me to contact the American embassy or a lawyer, or my family or a doctor. (In court the police officers

recognized that I identified as American citizen) (See Folder 15). These

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are my rights under The Vienna Convention on Consular Relations. Article 36(a).

4.3 25 days delay to request the Danish police

Marilynn W. Rowdybush (or more precisely her employee Anita F.

Funcke), did NOT ask the Danish police for the reason why they arrested me until November 27 2006 - 25 days after my arrest was reported to the USA consulate in Copenhagen, Denmark (See Folder 7). And as you can see on page 3 in her letter to me, dated January 25 2008, she/they accepted to wait for an answer from the police until January 19, 2007 – 53 days later (See Marilynn W. Rowdybush’s letter to me in Folder 5). What are the justifications to wait for so long to request the Danish police why the arrested an American citizen – and what are the justifications for leaving the request hanging there in the air for close to 2 months without protesting?

4.4 No real protest about discrimination and a sleeping judge in the first court

Marilynn W. Rowdybush did complaint about the main judge’s discriminatory behavior in the first court against me. Letter July 25, 2007 (See complaint and statements in folder 7), but she decided not to follow up on the case or appeal the dismissal of the protest. And she did not complaint about the layman judge sleeping there in the same first court. She decided not to do pursue these issues even though the statement from the prosecutor, Rasmus Bøgh Johansen, is indicating that “the judge

demonstrated a very active leading role” (as he calls it) and the defense attorney, Hanne Rahbæk, agrees “with the observations submitted by the

American Embassy” and is stating that the presiding judge was demonstrating an attitude. Hanne Rahbæk is also supporting that “It hardly gave the American Embassy the impression that the case was proceeded in an unbiased and open-minded manner when one of the lay judges appeared to fall asleep during the recording of the case”. Also Hanne Rahbæk is pointing to that the complaint was dismissed before she had the opportunity to put her statement. Also both Anita F. Funcke and my wife Gitte Toldsted were witnessing this first court case and will be able to testify what they observed. Even Ms. Rowdybush did not inform me of the final outcome or the dismissal of the complaint until briefly in her letter to me dated January 25, 2008 (See Folder 5). Anita F. Funcke was sending me the statements from the judge himself, the prosecutor and the defense lawyer in

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September 2007 “to make sure these copies would reach you as

promised in Consul Rowdybush’s letter to you of July 20 (See Folder

5)”; together with a note where Anita F. Funcke is implying that I knew that she was “No longer ‘case-worker’” on my case. I never was notified before about this decision neither from Anita F. Funcke nor whoever else. (Please See Folder 7).

4.5 No protest about discrimination in the second court

As Ms. Rowdybush’s writes in her letter, to me, of January 25, 2008 (See Folder 5): “Anita Funcke of the Consular Section was present at your trial at the Frederiksberg Court on June 25, 2007 as well as when your appellate case was brought before the High Court in Copenhagen on October 12, 2007.” I want to remind you that before this second court, Anita F. Funcke had informed me that she was no longer my case worker (See Folder 7), and that she had “…been told by the Front Office that I can attend your

appellate case at the Eastern High Court on October 12 as an “observer

only”. September 27, 2007 email (See Folder 7). In this second court I was treated with discrimination again. This time it was the prosecutor who in his proceedings used specific prejudicial language, e.g. when he was classifying me as a “Caribbean temper

person”. As I said Anita F. Funcke was there as an observer, we talked about the incident before we left the court this day, where she personally congratulated me. I defend at my time of speaking over the discriminatory prosecutor remarks, (A family witness was introduced this

day at court to Anita F. Funcke, this person is willing to identify her in

whatsoever judicial process) and I believe Anita F. Funcke must have reported to her superior what she observed there in the court room, and Ms. Rowdybush decided again to do nothing about it. Why was Anita F. Funcke removed as a case worker in my case? Who decided to do that? I asked, but I never got an answer about what this “observer” meant differently as being there as my case worker; but the fact is that I was discriminated again in the second court, the American Embassy had and observer there, and they did not do anything to protest this illegal way of court proceedings. Anita F. Funcke ensured us that she will report this incident. This was the last time we saw Anita F. Funcke in person, the embassy never ever pronounced about this topic. Total Conspiracy Silence! www.n

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4.6 Justifying an illegal strip-search

In Ms. Rowdybush’s letter, to my wife, of November 20, 2007 (See

Folder 2) she is writing that “it is common procedure to strip search a

suspect, if he refuses to corporate and act as ordered”. Here Ms. Rowdybush is implying and taking for granted that I refused to cooperate and act as ordered. How can she say that? She was not present, and in court the police officers acknowledged that I had asked to go to the police station and that I requested to talk to a superior officer. Danish Police officer Anders Bitsch said at court: “The accused would

not say anything else than his first name and he insisted to talk to the

American embassy, his spouse and their superior.” The court-book comment from the judges said: “…beyond that he said, that he would talk

to e.g. the American embassy and the officers’ superior” (See court book

Folder 15). So where are the evidences that I refused to corporate and act as I was ordered? And also the police (according to the Danish

Administration of justice Act (Retsplejeloven), Chapter 725) are only

allowed to do a strip search like this, if the person is already indicted, and I was not at this point; (as a matter of fact they even never said to me why

I was arrested in first instance). Documentation demonstrates that I was indicted by the Danish police 21 days later! (See Danish Police

indictment folder 7 or Fig 1).

4.7 Making medical conclusions and implying that I am lying about my health

In Ms. Rowdybush’s letter, to my wife, of November 20, 2007 (See

Folder 2) she is also writing that “Although you and your husband

repeated discuss his shoulder problems, the medical report that we

received dated May 15, 2007 by Dr. Peter Fleckenstein concludes that

there is nothing abnormal after a shoulder X-ray. The shoulder injury

was also not documented during the court case.” Here Ms. Rowdybush is implying that my wife and I, we are lying about my shoulder problem. And also how can she conclude anything about a medical problem? And now that she does, how can she base her conclusion on only one out of a long line of medical documents about my injuries coming from the police attack; documents that indeed were in the official files of my case when I was in court. The embassy has been informed about my medical situation all the way up and Anita F. Funcke was supposed to actually go to observe a session that I had with a specialist doctor at Bispebjerg Hospital (See e-mail from July 31, 2007

in Folder 5) on August 29, 2007. She did not show up. 5 http://www.themis.dk/synopsis/docs/Lovsamling/Retsplejelovens_kapitel_72.html

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4.8 Limiting my rights to assistance

In the last paragraph of Ms. Rowdybush’s letter, to my wife, of November 20, 2007 (See Folder 2) she is also writing: “We at this

Embassy will send a representative if your husband is arrested or on trial

and requests our presence; we will renew his passport when needed.

Also, because of time and workload constraints, we will not be able to

answer every letter from your husband which deals with the same issues.” Here first, Ms. Rowdybush is limiting the assistance that I can expect from the American Embassy; and she is not even doing it to me directly – but expecting that my wife delivers the message. Is she really allowed to do this? What she is mentioning in this quotation above, it is nothing else that her duty with me as American citizen, but what she does not mention is my protection rights under Vienna Convention on Consular Relations of 1963 Article 36(a). That is also obligation to this consul to request for to guarantee me my fundamental protection and legal rights. And she did not do it. Then she indirectly asks my wife to let me know that I should stop writing (or bothering her?) the American Embassy. Again she is not even telling me this directly, but using my wife to put in front of the embassy. Is she really allowed to do this too? I believe that the American Embassy is obliged to assist me ensuring my rights in a foreign country, and what I have been doing is just to keep on informing and requesting that they fulfill their duty and responsibility; nothing else. But obviously Ms. Rowdybush does not acknowledge these obligations.

4.9 Unprofessional and indifferent case handling

In Ms. Rowdybush’s letter, to me, of January 25, 2008 (See Folder 5), she is stating that I was “detained at the Brønshøj Police Department”, that the Embassy “contacted the Brønshøj police department” and that “the Brønshøj Police Department was out of English language

pamphlets”. The police station where I was detained was Bellahøj – NOT “Brønshøj” as she said: She is totally lost in space; she confuses the police station three consecutive times. Then, if the American Embassy contacted the Brønshøj Police Department about me, they contacted the wrong police department. Otherwise I believe that this repeating about the wrong police department again demonstrates the unprofessional and indifferent manner in which my case was handled by Ms. Rowdybush. This is strong evidence of how lost she has been processing my case, and the

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discriminatory treatment that I have been received by this consulate in her name. How a consul can confuse such information? How a consul after one year and two month could be still so confused and lost about a brutalization of one of her own citizens? Remember that at this point, two court cases had been already done and the consulate is well aware about it. From where this lady is reading about my case?

4.10 Defending the Danish authorities, taking for granted that I am a liar and a criminal

Again in Ms. Rowdybush’s letter, to me, of January 25, 2008 (See

Folder 5), she is consequently supporting the rights of the Danish authorities and defending their actions; taking for granted that I am a criminal and the liar in this case. E.g. she is saying: “The police stated that they were unable to

communicate reasonably with you”. How does she know that the police are saying the truth? Does she have evidence in her hands? So then she needs to step forward in a USA justice court and demonstrate! She was not there (and neither was any other representative from the

American Embassy. As matter of fact that was not allowed by Danish

police to have anytime my country representation), and according to the Danish police themselves, there is no tape- or video recording in the police station. And again as I said before, I wanted to go to the police station, and this was recognized by officer Ander Bitsch in his first court statement, (Please, see court book Folder 15).

4.11 Supporting the police’s actions without evidence

Marilynn W. Rowdybush is also saying with reference at the above topic: (Listen she is referring to a document from the Danish police

before that I was processed in court). She wrote: “Their duty officer’s

report did not indicate your request for Embassy notification after you

arrived at the police department”. For start, we do not have any document delivered neither from the Danish Police nor USA embassy where it is describing what Marilynn W. Rowdybush is saying in this letter from January 25, 2008. But if in the case, this document will exist, it must to be a document statement from the Danish police before the first court trial. How could she give me guilty for anticipation or granted? How could she be so willing to believe what the police are saying and not me? Then again she was not there neither at the park or the police station, (By the way, Police station that she not even know the correct

name. See previews point no. 4.9, where I am talking about Bellahøj

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station) the police do not make recording (In the holding cell and for sure

exist, there are a video camera, speakers and Microphone); How can she take for granted that the police is telling the truth and that I am lying? (which I am not). Again she is giving me guilty for granted without any evidence in her hands. She is stating that: “Pursuant to

existing regulations, you were given a folder, which informs a detainee of

his rights to a phone call either to his diplomatic representation or to his

lawyer”. This is a Big Fat Lie from this consul; a big one and she need to prove this!!! She is again making quotation about information that not me or my lawyer we have had. This is not true. She is totally lying. First and foremost, I never got a folder like that, that she is mentioning, not even in Danish. – What I got from the Danish police, it was a Danish pamphlet or brochure (See Folder 15) (that I could not read in Danish of course) about how to complaint about the police; but this have nothing to do with my rights as a detainee or how to call the USA embassy or even less to contact a lawyer. I do not know from where Ms. Rowdybush has this information, but again she is consequently defending the Danish authorities’ statement over mine, every time doubting my statements and intensions. She is also writing: “there is no treaty in force between the U.S. and

Denmark obligating one country to notify the other country of the arrest

of one of their citizens. Such request must clearly be expressed by the

detainee.” (Exactly!!! And I was tired to request it over and over again to

call the American embassy, a lawyer, my family and a doctor, and she

have been negating this over and over again, just to hide his fail and

error) Again she is putting in doubt my statement, that I repeatedly requested to talk to the American Embassy, and she is defending that the Danish authorities denied me this right, even though later on she says: “In

practice, we are often informed of American arrestees by the police”; and then not in my case. Why? And how can the American Embassy and the American authorities accept this? In no moment I have been requesting to enforce anything. All what I have been saying to both former USA ambassador James P. Cain, Anita F. Funcke and Marilynn W. Rowdybush is over and over again: Request to the Danish police the reasons why they did not allow me to have access to the USA embassy, plus a lawyer, my family and a doctor. This nothing to do with “enforce” any treaty, this is their obligation to request the respect of the International agreement as Vienna Convention on Consular Relations of 1963 Article 36(a) Specially which are well supported in both Danish and USA constitutions. This is what the USA State Department (if they are

not lying about it too) says to all American citizens. See USA State www.nor

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Department Internet link here: http://travel.state.gov/law/info/info_639.html

4.12 Continuous allegations that I am lying about my health

Again in Ms. Rowdybush’s letter, to me, of January 25, 2008 (See

Folder 5), she is implying that I am lying about that the police injured my shoulder, and again building her conclusions about that nothing is wrong with my shoulder on a single document. And at this point my wife had even resent further medical documentation in an e-mail (dated December 3, 2007) to Anita F. Funcke (See e-mail in Folder 5). In the material send to Anita F. Funcke among other things Special doctor Holger Nygaard on May 5, 2007 is stating that he finds a posttraumatic scalener syndrome and that there is no doubt about the causal relationship; that I have been treated to violently. And in another of these documents chief surgeon Henrik Aagaard is stating that a surgery in the shoulder can be necessary, just as it later turned out to be. So how come that this Ms. Rowdybush keeps on stating that the police made no damage to me; that nothing wrong happened there?

4.13 Accepting that the Vienna Convention is violated in MY case

In Ms. Rowdybush’s letter, to me, of January 25, 2008 (See Folder 5), she is acknowledging that the Vienna Convention on Consular Relations of 1963 Article 36(a) is in play, but as I documented above (section 4.2), she is accepting that in my case the Danish police did not follow normal practice or the convention’s rules, when they decided not to inform (or let me contact) the American Embassy, when I was arrested, and that was even that I requested this high and clear and several times. How can the American representatives in Denmark (USA embassy in Copenhagen. Denmark) and in the USA State Department let this pass by without protesting?

4.14 Claiming that the Embassy has done all that it can

In Ms. Rowdybush’s letter, to me, of January 25, 2008 (See Folder 5), at the end of this letter she is writing that “The Embassy has done all that

it can” to assist me. How can she say that?, after all the examples of neglect, lack of competence, defending the illegal actions of the Danish authorities and giving for granted that I am guilty, that I have been demonstrating in this letter? That is “all that can be done” what she will

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do if this will be happening to a white, Anglo named person American citizen. I do not think so. If this will be happening, for example, to Bill Nelson’ son, I believe this lady will be there taking the case herself in person, and protesting to all channel and levels, every simple violation. This lady never ever showed me up her face to me, not to even ask me how everything is going in my case. On the other hand, she has been all the time playing “defensive” in every letter, justifying and justifying what she was not capable to accomplish. See information of famous case of Bill Nelson’ son arrested and accused for beating a police drunk officer on November 8, 2006 (http://www.norightsforyou.com/senbillnelson.htm ) I bring back this case, for two simple reasons:

• Bill Nelson father, is the very same USA Florida senator from my State, that once swore to defend USA Constitution to all USA citizens, and he until today has been negating to protect me with his conspiracy silence. I am an American citizen from his own State.

• Bill Nelson’s son case (November 8, 2006), happened a week after my arrest, (November 1, 2006) at the same very time that Marilynn W. Rowdybush, she was playing coy and dumb hesitating to protest to the Danish authorities. She took 25 days after knowing about my case, that she gave the approval to request the Danish Police about my case. (Only request, not

protest have been dispatched yet until today). Is that the hypocrisy that Mr. Erick Holder, actual USA General Attorney has been talking about it?

4.15 Note about Anita F. Funcke

Both my wife Gitte Toldsted and me (Mario Herrera), we still strongly believes that Anita F. Funcke acted with honesty, professionalism and respect to our persons in every moment. We believed that she was protecting us. But eventually we found that what she said to us, it is the total opposite that the consul Marylinn W. Rowdybush has been saying. We are also in the strong believe that she got not power to take decisions and this one only could be taken by the consul Marilynn W. Rowdybush. However the official document requesting to the Danish police for why it was the reason I was arrested, it is signed by Anita F. Funcke (Official embassy document released 25 day later of the report to

them. See Folder 7). We believe that she followed direct orders from her boss, and her boss is Marilynn W. Rowdybush in the process to

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sabotage my rights. That is why it is very important, that she has to step forward in front a USA judicial court and explain and clarify reasons for all these ambiguities, where she has been the front face of the embassy and the final statements has been taking by Rowdybush. In other words, it has been a double standard that need to be clarify. I have been giving more than 10 reasons (and multiple questions to

answer) why this still USA consul Marilynn W. Rowdybush with her unprofessional and neglected action, and with the conspiracy of others, she has sabotaging and undermining my most elemental rights in behalf of a federal position violating the law. These more than “10 reasons” exemplification demonstrate here, perfectly merit to criminal prosecute Marilynn W. Rowdybush and also the others mention in the list below (See two groups as Summing up Chapter 5). She did not act alone, and she knew perfectly what she was doing. She has been acting all the time with premeditation. This USA consul Marilynn W. Rowdybush, she has been acting against my person giving me guilty for granted in reiterative occasions. She has been acting more like a defender of the Constitutional Monarchy of Denmark than as an USA authority. It is however incredible that the Danish prosecutor Jens Rasmussen acted in fact more as my consul suppose to be acting.

5 Summing up

Direct responsible: Persons that directly contribute to this conspiracy and main responsible for my legal protection. These persons are the direct responsible to guarantee my protection rights under Vienna Convention on Consular Relations Article 36 (a).

1. Marilynn W. Rowdybush (Actual USA consul in Denmark). 2. James P. Cain (Former USA ambassador in Denmark). 3. Anita F. Funcke (Actual member of consulate in Denmark). * 4. Jeff Howard (Actual security officer in USA embassy in

Denmark). 5. Andrew T. Miller (European Division Chief Office of American

Citizens Services and Crisis Management). 6. Sandy Schmierer (European Division Chief Office of American

Citizens Services and Crisis Management). 7. Condoleezza Rice (Former USA State Department)

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Indirect responsible: Persons that have the obligation under USA Constitution to safeguard my interest as American citizen and they refused to protect me with their conspiracy silence.

1. Bill Nelson (USA. Florida Senator). 2. Mel Martinez (USA. Florida Senator). 3. Lincoln Diaz Balart (USA. Florida congressman). 4. Charlie Crist. (USA. Florida governor). 5. Mike Mukasey (USA General Attorney). 6. Bill McCollum (USA Florida General Attorney). 7. George W. Bush (USA former president).

At this point, letters has been already dispatched to the following USA authorities but like usual not a single answer.

1. Barack H. Obama (Actual USA president). 2. Hillary Clinton (Actual USA State Secretary). 3. Eric Holder (Actual USA General Attorney).

Only from The White House, we have received post office receipts back. In my multiple letter to the USA State Department it Never EVER from neither the USA State Department nor the Justice Department it is possible to get back the post office receipt. It seems that always somebody it is very interest do NOT let the postal receipt arrive back to its destination. According Denmark Postal Office, these post office receipts has been delivered in to USA postal Office service, but the receipt never came back like The White House for instance.

5.1 My accusation

I accuse these persons mention above as the persons responsible for the physical, psychological and legal damage (all these persons have been

ostensible damaging my believe in the USA judicial system) to both my person and my family, and I am requesting to the Federal Bureau Investigation your full intervention with the finality to prosecute in court for those responsible in front the USA justice. FBI you have my total approval for this intervention as the full collaboration from both my wife Gitte Toldsted and myself.

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5.1.1 In the base of Denmark Police and FBI collaboration

In the base of: (And whatsoever other USA law that protect me)

• Vienna Convention on Consular Relations Article 36(a)

• Title 18, U.S.C., Section 241. Conspiracy Against Rights.

• Title 18, U.S.C., Section 242. Deprivation of Rights Under Color of Law.

Whatsoever Denmark did it, they will be prosecuted and responsible in front the European Court of Human Rights. Whatsoever same USA authorities did it and are responsible, they have to be prosecuted in front USA judicial court. In both case, I wish they have total and full judicial guarantees, the same one that all of them worked so hard for negated once to me.

Until here this document.

Mr. Robert S. Mueller III, FBI Director. Really sorry for this long letter, but I hope you understand that this is the accumulation of more than two years and I have been trying to do my best to synthesis everything in this document the best possible.

This document is coming together with my accusation to actual USA consul in Denmark in separate document, plus an inventory of all the documents that you can read in the next Chapter No. 6 back it up in a CD.

I suppose that you will know the best way to address this investigation. Waiting news from you ahead. Thanks in advance for your attention.

Sincerely.

Mario Herrera Gitte Toldsted Hjortevej 2. 8700. Horsens. Denmark. Tel. 4529295209

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6 Inventory of CD Documents Name: Mario Herrera. Case: Danish police brutalization November 1, 2006.

• Letter Sent and Received: (Folder 1,2,3,4,5)

Folder Whom Status Date 1 Condoleezza Rice & Mel Martinez Sent July 17, 2007

2 James P. Cain Sent November 4, 2007

2 Marilynn W. Rowdybush Received November 20, 2007

3 James P. Cain Sent November 16, 2007

4 Jeff Howard Received September 20, 2007

5 Marilynn W. Rowdybush Received January 25, 2008

5 Marilynn W. Rowdybush Sent July 20, 2007

• Medical Documents: (Folder 5)

Folder Document Date 5 Anita F. Funcke medical notification December 3, 2007

5 Orthopedic Specialist Statement April 4, 2008

5 Doctor Statement English translation July 16, 2008

5 Left damage shoulder comment

5 Right normal shoulder comment

5 Anita F. Funcke confirmation Hospital assistance July 31, 2007

• Postal Office Receipts: (Folder 6)

Folder To Whom Date Sent Date Received 6 James P. Cain Feb 11, 2006 No service inside DK

6 James P. Cain November 19, 2007 “ “

6 Anita F. Funcke November 10, 2006 “ “

6 Anita F. Funcke July 5, 2007 “ “

6 Mel Martinez July 18, 2007 July 27, 2007 (USA)

6 Mel. Martinez August 6, 2007 ?

6 Mel Martinez November 19, 2007 November 29, 2007 (USA)

6 Condoleezza Rice July 18, 2007 ?

6 Condoleezza Rice August 6, 2007 ?

6 Condoleezza Rice (*) November 19, 2007 ?

6 Marilynn W. Rowdybush August 6, 2007 No service inside DK

6 Bill Nelson November 19, 2007 November 29, 2007

6 Lincoln Diaz Balart November 19, 2007 November 29, 2007

6 Bill McCollum October 13, 2008 ?

6 James P. Cain (*) November 27, 2008 No service inside DK

6 Charlie Crist November 20, 2008 ?

6 George W. Bush November 7, 2008 November 25, 2008

6 Michael Mukasey Sept 1, 2008 ?

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(*) Condoleezza Rice, she was notified again in a last letter or letter number four, about her visit to Copenhagen, Denmark. December 4, 2009. This letter was delivery to the USA embassy, to former ambassador James P. Cain, November 27, 2009. Then inside this letter it was a letter to Condoleezza Rice, and at the same time, inside this one, a letter to former USA president George W. Bush.

• Gitte Toldsted Post Office Receipts. (Folder 6)

Folder To Whom Date Sent Date Received 6 Condoleezza Rice December 8, 2008 ?

6 George W. Bush December 20, 2008 ?

• USA embassy to Danish Police documents: (Folder 7) Folder Type Date 7 Assistance to US citizens Webpage State Department

7 Anita F Funcke – Case worker no longer September 12, 2007

7 Anita F Funcke – Second Court Assistance notification. September 27, 2007

7 The only protest made by consul but never followed. July 25, 2007.

7 Hanne Rahbaek document delivery by Anita F. Funcke August 24, 2007

7 USA consulate request to Police 25 days later -Danish November 27, 2006

7 USA consulate request to Police 25 days later -English November 27, 2006

7 (*) Jens Rasmussen Hidden Document in Court ?

7 (**) Danish Police Indictment (English Version) November 22, 2006

7 (**) Danish Police Indictment (Danish Version) November 22, 2006

(*) Statement made by the same prosecutor that signed my case indictment. This is the document hidden in two consecutive court to my lawyers. American embassy received in the name of former ambassador James P. Cain, former Secretary of State Condoleezza Rice and Florida Senator Bill Nelson and Mel Martinez, as Florida congressman Lincoln Diaz Balart. All these USA authorities were fully informed about this document in the letter November 16, 2007 (See Folder 3) (**) Official Danish Police Indictment. Realize the date when Danish police release their indictment November 22, 2006, here you can see that the Danish Police took 21 days! to “made up” the indictment for what I supposed to be accused. (Why do the Danish police took 21 days to made my indictment, why USA embassy took 25 days to request them? Isn’t suspicious? Is this the normal procedure? Of course you FBI and me, we both know that it is not)

• USA State Department letter: (Folder 8)

Folder Type Date 8 USA State Department letter page 1 January 13, 2009

8 USA State Department letter page 2 January 13, 2009

8 USA State Department envelop January 27, 2009

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• Audio tape and Script to USA State Department and FBI official Brain at USA embassy in Copenhagen. Denmark: (Folder 9)

Folder Type Date 9 Audio Tape – USA State Department January 28, 2009

9 Script Audio Tape – USA State Department January 28, 2009

9 Audio Tape FBI officer Mr. Brain - USA Denmark July 6, 2009

Note: All the persons on tape mention in the table above, they have been previously notified that they have been recorded.

• USA State Department Video: (Folder 10)

Folder Type 10 USA State Department Video about VCCR 1963

10 Photography of Nicolai Cederskjold.

• Florida governor Charlie Crist letters: (Folder 11) Folder Type Date 11 Florida governor Charlie Crist email June 26, 2008

11 Florida governor Charlie Crist letter November 17, 2008

• USA federal authorities: (Folder 12)

Folder Type Date 12 Angela Froelich & Zina Jackson Florida Bar Assoc. February 23, 2009

12 Bill McCollum Att. Gral. Florida. October 13, 2008

12 Bill Nelson Open letter January 14, 2009

12 James P. Cain – Rice – Bush November 27, 2009

12 Florida Bar Association email. Mar 21, 2009

• Emails warning USA consulate in Copenhagen Denmark that Danish court system is a “Circus” due the lack of judicial guarantees. Also requesting appointment with former ambassador James P. Cain. (Folder 13).

Folder Type Date 13 First warning USA embassy first court procedure – 3 months

before it. March 25, 2007

13 Second warning USA embassy second court procedure – 3 days before it.

October 9, 2007

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• Letter to USA former presidents George W. Bush and actual president Barack Obama (Folder 14).

Folder

Type Date Sent Date Received

14 Letter to George W. Bush-Mario November 5, 2008 November 25, 2008

14 Postal receipt G.W.Bush November 7, 2008 November 25, 2008

14 Postal receipt G.W.Bush-Gitte December 20, 008 ?

14 Letter to Barack Obama Mario May 11, 2009 June 12, 2009

14 Postal receipt B.Obama-Gitte May 18, 2009 June 12, 2009

14 Postal receipt B. Obama-Mario May 11, 2009 June 12, 2009

14 LetterToCainFromGitte November 4, 2007 No serv. inside DK

14 LetterGitteToObama May 18, 2009 June 12, 2009

• Resume from the first Court Trial. (Folder 15) Folder Type Date 15 Brochure delivery to me by Danish police November 1, 2006

15 Bus Ticket – Bus 5A November 1, 2006

15 The court-book first court trial. November 1, 2006

15 Danish Police answer 1,2,3,4 jpg June 7, 2007

15 MarioComplaintToDanishPolice November 9, 2006

15 AnitaFunckeSpeakingToDanishPolice November 6, 2006

• Marilynn W. Bush of her sabotaging my case. Conspiracy and Abuse under law color.

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