January
22, 2007 Certified mail return receipt requested
Richard
L. Stalder – 7004 2510 0006 7023 0678
Kathleen
Babineaux Blanco - 7004 2510 0006 7023 0685
Richard
L. Stalder
Secretary
and chief executive officer of
The
Department of Public Safety and Corrections
P.O.
Box 66614 Baton Rouge, LA 70896-6614
Re:
Demand for the return of property illegally seized by your agents.
Richard
L. Stalder
As
the person who is responsible for the functioning and control of all
programs within the Department and as the person who formulates rules
and regulations and determines policy regarding management,
personnel, and total operations, I am writing to you and sending a
copy to the Governor of The State of Louisiana, Kathleen Babineaux
Blanco, as the person who appointed you.
On
December 21, 2006 your agent, a Jefferson Parish Policeman, did
illegally seize and remove from my possession my vehicle and the
personal property contained therein. Details are contained in the
complaint I have filed (attached) with the Department of Internal
Affairs of the Jefferson Parish Sheriff's Office. On December 22,
2006 I did appear at the reinstatement office and was told by Brandy
Cunningham that the Department of Public Safety and Corrections would
not release my vehicle until I entered into contracts with your
corporation by acquiring a “driver's license” and
registering the vehicle with your office, plus, I must enter into a
contract with any corporation in the insurance industry, plus, I must
pay a sixty dollar fee. Then I must pay for the cost of the towing
and storage of my vehicle. A charge and action that I did not
authorize and did resist and object and do now reject.
I
did inform Brandy Cunningham that the paper I received entitled JPSO
Vehicle Storage, Wrecker Request and Inventory Record does state:
“If you do not provide proof
within three days that your vehicle was properly insured at the time
it was impounded the Office of Motor Vehicles shall destroy or cause
to be destroyed, your license plate and revoke the registration until
you have satisfied the provisions of the compulsory insurance law by
showing proof of current liability insurance and paying all
applicable fees owed the Office of Motor Vehicles.”
I
did also inform Brandy Cunningham that the license plate has already
been destroyed and the registration revoked and I, at worst, should
only have to pay the sixty dollar fee. I was told that this was
wrong. I would have to become a person bound to service for a term
of years to your corporation and any corporation in the insurance
industry or forfeit my vehicle and the personal property contained
therein.
I
have discovered that your corporation does maintain an admiralty lien
on this vehicle as custodian of the State's property. I have
challenged this article of the State Constitution in the Supreme
Court of the State of Louisiana as being blatantly unconstitutional.
Even assuming that, by some concoction of law, the constitutionality
of this lien is upheld, by what right have you seized the personal
property therein contained? By what due process of law did you seize
my equitable interest in the vehicle?
I
am not currently under contract to your corporation. The
registration on this vehicle has been revoked since January of 2004.
If you have some contention that your lien is enforceable and do wish
to deprive me of my property, I do DEMAND that you move me into a
constitutional court and prove your claim. By your own paper work I
am the undisputed owner of this vehicle. At worst, I own an
equitable interest in the vehicle. There is no legal justification
for your seizure on my personal property contained within the
vehicle.
Until
such time as, by proper and due process of law, you acquire legal
right to seize my property I am DEMANDING that my property be
returned to me at your expense. I am DEMANDING that the vehicle, and
the personal property contained therein, be towed, at your expense
and in good condition, to a place of my choosing not to exceed twenty
five miles from its last known location at DC Towing and returned to
me, the undisputed owner.
. I
am further DEMANDING that you issue orders to your direct and
contract employees and administrators to cease all proceedings
against me. I am further DEMANDING that you notify your militia,
both direct employees and contract agents, to cease unlawfully
detaining me and the issuing of summonses and complaints and forcing
me, under threat of imprisonment, to appear before your
administrators, as we currently have no contracts to administer.
I
am formally declaring that any claim you may think that you have on
my vehicle is invalid and void. I am formally DEMANDING that my
property be immediately returned to me until such time as you have
obtained, by due process of law, legal right to deprive me of my
property. I am formally DEMANDING that your agents, both direct
employees and contract agents, and administrators cease and desist
their harassment of this Citizen of the State.
If
you have some reason to believe that my position is incorrect I do
demand that you state your objections in writing addressed to me at
the address below. To find out to what location my vehicle shall be
returned and to set an appointment for the return of my property you
can use the phone number below.
Thank
you,
Michael
E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
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