• 1. DISTRICT CuuiVi OF IOWA SAC COUNTY FILED IN THE IOWA DISTRICT COURT IN AND FOR SAC C O U N T Y ^ JUL - 9 AH 8= 08 (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 1 5 5 T H STREET, URBANDALE, IOWA 50323 SEARCH WARRANT APPLICATION COMES NOW, the State of Iowa, through Sac County Attorney (SCA) Ben Smith, and being duly sworn on oath, states the following: That at 4221 155™ STREET, URBANDALE, IOWA 50323, the residence of ANNA RICHTER, at which there are computers and other electronic storage devices that contain information / documents (digital media) all of which are identified in Attachments A and B to this Search Warrant Application and / or were used to facilitate / commit the crimes listed in the Affidavit. That said property / information is relevant and material as evidence in a criminal prosecu- tion. That the facts establishing the foregoing ground(s) for issuance of a search warrant are as set forth in the affidavit and attachments, which, by this reference, are made by part of this Search Warrant Application. WHEREFORE, the undersigned asks that a Se; •t-be issued. EN SMITH SAC COUNTY ATTORNEY Subscribed and sworn to before me July l
  • 2. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE SEARCH WARRANT APPLICATION: RESIDENCE AT 4221 1 5 5 T H STREET, AFFIDAVIT URBANDALE, IOWA 50323 COMES NOW, Sac County Attorney (SCA) Ben Smith, and being duly sworn on oath, states the following: Your applicant has been the elected prosecutor in Sac County, Iowa, for close to four years. The Iowa Supreme Court has found that the County Attorney can apply for a search warrant. State v. Jensen, 189 N.W.2d 919 (1971) Three years prior, your applicant worked for the Iowa Attorney General's Office as an Assistant Attorney General (AAG) assigned to represent the State of Iowa's Child Support Recovery Unit. In the last three years, your applicant has drafted numerous search warrants, and has conducted numerous county attorney investigations per Rule 2.5(6), including, two "cold case" homicide / murder investigations, both of which resulted in arrests being made. The investigation into these matters began in April 2012, when your affiant was first contacted by Laguna Beach, California, resident DARREN MITCHELL MEADE (DOB: January 3, 1967). During this investigation, your applicant listened to hundreds of hours of recorded phone conversations between TRACEY RICHTER and her friends and family, which made from either the Sac County Jail in Sac City, Iowa, or the Iowa Women's Prison in Mitchellville, Iowa, as well as audio recordings of conversations between TRACEY RICHTER and her family and friends during their prison visits. Additionally, your applicant has issued over 100 Rule 2.5(6) County Attorney Investigatory Subpoenas Duces Tecum in furtherance of this investigation and has obtained and reviewed thousands of documents, and has spoken with numerous witnesses. In total, your applicant has spent well over 1,500 hours investigating / working on this case. The facts alleged and information contained in this affidavit come from your affiants personal observations, training, experience, and research, as well as the same from other law enforcement officials / investigators and licensed private investigators. The facts alleged and information contained herein are made and set forth to the best of my ability with the information available to me at the time. Your applicant has given his best efforts to ensure the information contained in this application is accurate and reliable, however, considering the incredible complexities and the general subject matter ofthe case, it is possible for there 2
  • 3. to be inadvertent, factual inaccuracies. Lastly, this affidavit is intended to show merely that there is sufficient probable cause for the requested warrant and DOES NOT set forth all of my knowledge about this matter. Your applicant is actively investigating the following crimes: Ongoing Criminal Conduct, a Class "B" Felony (IOWA C O D E § 706A.2); Conspiracy, a Class "D" Felony (IOWA C O D E § 706.1); Solicitation, a Class "D" Felony; Extortion (IOWA C O D E § 705.1), a Class "D" Felony (IOWA C O D E § 711.4); and Witness Tampering, an Aggravated Misdemeanor (IOWA C O D E § 720.4), Facilitation of A Criminal Network By Attempting To Induce A Witness" commits a Class "B" Felony. IOWA C O D E § 706A.2 (2013) I make this affidavit in support of an application for a search warrant for the items and information set forth in Attachments A and B to this Search Warrant Application. IMPORTANT NOTE ABOUT THE CHRONOLOGY OF EVENTS AS OUTLINED IN THIS AFFIDAVIT: Where possible, the events described herein are laid out in strict chronological order. However, due to the complexity of the case, and the number of different timeline arcs, in some instances, a series of related events that extend over long periods of time are nested together so as to improve comprehension and readability; thereafter, the normal timeline will resume. Consequently, the last incident described in a nested event may be for a date that comes after the next incident described in the general timeline. Unless specifically stated otherwise, all conversations referenced herein, to which TRACEY RICHTER is a party, were initiated by TRACEY RICHTER from a prison phone at the Iowa women's prison in Mitchellville, Iowa. TRACEY RICHTER and Dr. John Pitman were married on or around August 14, 1988. On February 1, 1990, TRACEY RICHTER (then Tracey Pitman) gave birth to Dr. John Pitman's son, BERT PITMAN. On or around June 1992 not long after Dr. John Pitman believed TRACEY RICHTER tried to kill him for the second time, the two separated. Shortly after their separation, TRACEY RICHTER filed for divorce from Dr. John Pitman. Not long into their divorce proceedings, TRACEY RICHTER, accused Dr. John Pitman of molesting their son, BERT PITMAN. Soon after TRACEY RICHTER made this accusation, flyers were placed on most of the cars at Northwestern Memorial Hospital, the hospital Dr. John Pitman was working for at the time, which stated that Dr. John Pitman had been found to be a child molester. TRACEY RICHTER later said she did not place the flyers on the car, but the person who did was someone with whom she was close. TRACEY RICHTER and Dr. John Pitman's divorce proceedings lasted close to six years. During the proceedings, Dr. John Pitman was able to prove, among many other things, that a signature purporting to be his that was affixed to an insurance policy taken out on his life 3
  • 4. was forged. Later in these proceedings it was proven that TRACEY RICHTER had falsely accused Dr. John Pitman of molesting BERT PITMAN. Despite the foregoing, when the divorce / custody matters were finalized, the two stipulated that they would split joint legal custody, that TRACEY RICHTER would be the primary physical caretaker, and that Dr. John Pitman would get liberal visitation rights. TRACEY RICHTER and Michael Roberts were married in Australia in 1996. Michael Roberts, an Australian, moved to the United States (Chicago, Illinois) after he married TRACEY RICHTER. Two children, N.R. and M.R., were born to their marriage. N.R. and M.R. are dual citizens ofthe United States and Australia. In 1998, TRACEY RICHTER, Michael Roberts, BERT PITMAN, and N.R. moved from Chicago, Illinois, to Early, Iowa (Sac County). In 2000, TRACEY RICHTER again accused Dr. John Pitman of molesting BERT PITMAN. Dr. John Pitman responded by asking the courts for full custody of BERT PITMAN. Following a thorough investigation, it was determined that TRACEY RICHTER's new sex abuse allegation against Dr. John Pitman was unfounded, possibly fabricated. On December 13, 2001, days before the custody modification proceedings were set to begin, TRACEY RICHTER shot and killed 20-year-old Dustin Wehde after she was allegedly attacked in her home by Dustin Wehde and an unknown second intruder who escaped (although, when law enforcement first arrived at the scene, TRACEY RICHTER told them there had been three intruders). The evidence recovered at the scene indicated TRACEY RICHTER, using two different pistols, fired eleven shots at Dustin Wehde, nine of which struck him. The autopsy of Dustin Wehde's body revealed three of these nine shots entered through the back of his head in a tightly grouped pattern. A blood spatter expert would later testify the last ofthe three shots fired into the back of Dustin Wehde's head was fired fifteen minutes after the first two while his head was resting on the ground. Hours after this incident, law enforcement found a pink spiral notebook in Dustin Wehde's car. The notebook contained what appeared to be a journal or diary in Dustin Wehde's handwriting, in which Dustin Wehde had written that he was hired by Dr. John Pitman and Dr. John Pitman's divorce / custody attorney, Stephen Komie, to stalk, harass, and ultimately murder TRACEY RICHTER, BERT PITMAN, as well as other bits of information that suggested Dr. John Pitman was ultimately responsible for this (alleged) home invasion / attempt on TRACEY RICHTER's life. Additionally, notebook contained a series of numbers. The few law enforcement officials who knew of the notebook's existence, decided not to disclose its existence to anyone, including TRACEY RICHTER. 4
  • 5. About two months after she shot and killed Dustin Wehde, TRACEY RICHTER told her then-friend, Mary Higgins, that law enforcement had told her (TRACEY RICHTER) it found a notebook in Dustin Wehde's car that proved Dr. John Pitman was behind the attack, and that Dr. John Pitman was going to be arrested soon. Dr. John Pitman was never arrested, and law enforcement did not publicly disclose the notebook's existence until after TRACEY RICHTER was arrested for murdering Dustin Wehde. However, as discussed below, in the ten years between Dustin Wehde's murder and TRACEY RICHTER's arrest for his murder, TRACEY RICHTER would openly discuss the notebook and its contents. On February 13, 2002, TRACEY RICHTER sent a letter to Lieutenant Dennis Cessford, the Sac County Sheriffs Deputy ("LT Cessford") assigned to investigate Dustin Wehde's death. In this letter, TRACEY RICHTER asked the Deputy whether law enforcement had interviewed Dr. John Pitman, and provided a list of reasons why TRACEY RICHTER believed Dr. John Pitman and his attorney, Stephen Komie, could be responsible for the alleged home invasion. TRACEY RICHTER also told the Deputy that she would be able to identify the alleged second intruder if shown his picture. On February 15, 2002, TRACEY RICHTER wrote the following in an e-mail to LT Cessford: [Dr. John Pitman] may be required to come in for a deposition [in their custody proceedings] in the near future. If we can get him in, we will let you know. If you want to speak in confidence to my attorney, and give her some questions to ask [Dr. John Pitman], we will. I doubt he will agree to an interview. [Dr. John Pitman] has not contacted [BERT PITMAN since the alleged home invasion], which is strange. On February 21, 2002, TRACEY RICHTER REFUSED to assist investigators in developing a composite sketch of the second individual she alleged had invaded her home with Dustin Wehde on December 13, 2011, and attacked her. On March 20, 2002, TRACEY RICHTER asked LT Cessford where law enforcement had any information that connected Dr. John Pitman to Dustin Wehde. On June 9, 2002, TRACEY RICHTER wrote the following in a letter to LT Cessford: "Are you in a position to reveal to us the nature of the link between Steven Komie and the Wehde household? On November 28, 2002, Dustin Wehde's father, Brett Wehde, committed suicide near his son's (Dustin Wehde) In a note he left behind, Brett Wehde wrote that his "heart was broken" on [December 13, 2001], the day TRACEY RICHTER shot and killed Dustin Wehde, and that [he cried] every day since [December 13, 2001]. On December 30, 2002, TRACEY RICHTER wrote a letter to Mona Wehde (Dustin 5
  • 6. Wehde's mother and Brett Wehde's wife) wherein TRACEY RICHTER accused Mona Wehde of conspiring with Dr. John Pitman to have Dustin Wehde attack her, and chastised Mona Wehde for being a horrible wife to her late husband, On October 13, 2003, Dustin Wehde's Estate filed a wrongful death lawsuit against TRACEY RICHTER. Wehde Estate v. Tracey [Richterl, Sac County District Court, Case No. LACV018486. On April 23, 2004, Michael Roberts filed for divorce from TRACEY RICHTER. Michael Roberts v. Tracey [Roberts], Buena Vista County District Court, Case No. CDCD002755. TRACEY RICHTER was given temporary custody of their children, N.R. and M.R. Much like TRACEY RICHTER's divorce with Dr. John Pitman, the custody / divorce proceedings that followed Michael Roberts and TRACEY RICHTER's separation were contentious and protracted. On May 18, 2004, TRACEY RICHTER came into the Sac County Sheriffs Office, and asked to speak with Sac County Sheriff Ken McClure. The following is Sheriff Ken McClure's report regarding this incident: Tracey [Richter] told me she had some information that she felt I needed to know. Tracey [Richter] told me that her husband, Michael Roberts, talks in his sleep, and while he talks in his sleep, Tracey is able to ask him questions. TRACEY RICHTER told me that on numerous occasions, Michael would talk about a journal and how this journal would "cover his ass." TRACEY RICHTER also said that Michael Roberts told her [in his sleep] that the contents of this journal concerned Tracey [Richter's] ex-husband John Pittman. When talking about the Journal, Tracey [Richter] would cry and talk about for short time, and then she would start talking about something else. Tracey [Richter] said that she asked Michael about where this journal was because she had never seen it. Tracey [Richter] told me that [Michael Roberts] told her while he was sleeping that last time he saw the Journal, Dustin had it. On another occasion, Tracey [Richter] said that [Michael Roberts] was talking in his sleep about how in case they got caught, [the journal] would cover him. Tracey [Richter] told me that when she asked who these people were, Michael became coherent and woke up. Tracey [Richter] said that she had even on one occasion awakened her son BERT [PITMAN], and had him come into the bedroom and listen to Michael Roberts talking in his sleep about this journal.. Tracey [Richter] said she had never seen this journal. On May 19, 2004, TRACEY RICHTER left the following in a voicemail to one of Michael Roberts's co-workers: I mean if [Michael Roberts] wants to be with someone else just say he wants to be with someone else, but don't try to turn me (TRACEY RICHTER) into a monster by saying that I'm trying to kill him and all of this horrible ridiculous stuff. I am now convinced that he did have something to do with the attack and I am convinced based on his behavior...that he 6
  • 7. absolutely refuses to pay any child support...he refuses to pay the maintenance that he agreed to pay me...the fact that he is making up these horrendous, horrible stories about me trying to kill him...the fact that he is, you know, doing sneaky stuff with [their business] to protect his assets... I don't know who he is and I do now believe, I just met with the sheriff urn last week, I do believe now with all of my heart that he had something to do with the attack on me, because he has become a complete stranger to me, you know, if he doesn't want to be with me just say that he's in love with someone else, he wants to start a new life...but don't make up these ridiculous stories about me... and I am now convinced and that is the tool that I will be using against him because I will use his own actions against him, I don't have to make stuff up about him, I will make sure that because of everything that he has done... that he pays for his crimes... he pays for the attack on me and that he ultimately will go to jail and that the rest of his life will be spent in jail as the result of trying to have me killed... he has proved himself to be mentally unstable person, he has proved himself to be a stranger, and I am now convinced that he did have something to do with it and I will make sure if there is anything in my power that's honest and truthful, you know, to make sure, I'm not going to lie or anything like that, but to make sure that he does pay for his sins and that he suffers the consequences of his actions...you know, unless he were all of a sudden to have a change of heart and apologize and say that all of this stuff that he has been doing that he's been behaving and doesn't know what it is...he's a stranger to me, and that he's a monster and that... he's a danger and a menace to society to have him out there... that also means letting everyone in (inaudible) know that he was involved in the attack. On March 2, 2005, because Dustin Wehde's Estate ran out of money to take the case to trial, and because TRACEY RICHTER was judgment proof, the Dustin Wehde's Estate moved to dismiss its wrongful death case against TRACEY RICHTER. On March 2, 2005, the same day the civil wrongful death lawsuit against her had been dismissed, TRACEY RICHTER wrote the following in an e-mail to Sac County Sheriff Ken McClure: I heard from one of our experts that a notebook of Dustin's was found that contained notes about me. Is there any chance of my attorney getting a copy. It may be relevant to our divorce case. If you are worried that confidential information might get released, we can agree to have the Judge review the item in chambers and decide if it is related. On March 3, 2005, TRACEY RICHTER wrote the following in an e-mail to Sac County Sheriff Ken McClure: "I just got of the phone with [my civil attorney] who told me that Dustin Wehde's notebook contained details about the Dentist in Chicago. I never told anyone about that." On March 10, 2005, TRACEY RICHTER wrote the following in an e-mail to Sac County Sheriff Ken McClure: My lawyer in Des Moines told me that one of the DCI reports reported a daily log of 7
  • 8. Dustin's on an inventory list. When he inquired about it, he was told that it contained "disturbing personal information about me" he also was told it included "gibberish?" I was particularity upset that I had not been told about this previously. Was Dustin being paid to watch me and track my activities? If so, by, whom? Or was Dustin obsessed with me and watching me tor personal reasons? Forgive m for being upset, but finding out that you were being stalked and that you were not told about it is kind of weird. Considering the events of [December 13, 2011], I kind of think that might be related. On March 11, 2005, TRACEY RICHTER wrote the following in an e-mail to Sheriff Ken McClure: I met with Mary Higgins today. She spoke with Robin from Crossroads, who told her that the notebook was found by [Mona Wehde] in their house NOT in the car as my attorney stated. She also stated that [Mona Wehde] showed it to Robin and [Michael Roberts] before turning it in. Supposedly it contained numbers in addition to information relating to my son [BERT PITMAN] and myself. Is there any evidence to suggest the conspired together and used Dustin? They would have known Mike would be a suspect, so Dustin would eventually have to take the fall so Mike would be off the hook. I wouldn't put it past [Michael Roberts] using both of them so he would be off the hook. On March 13, 2005, TRACEY RICHTER sent the following in a facsimile to Sheriff Ken McClure: I reviewed the report and it clearly states the daily log of Dustin's was found in the car and taken to DCI. If this is true, how did [Mona Wehde] and Robyn spend days going through Dustin's notebook that was found in his home??? Are there 2? Did [Mona Wehde] ever turn hers [in to] the DCI or did she bury it because it incriminated Dustin Wehde? On March 15, 2005, TRACEY RICHTER wrote the following in an e-mail to Sheriff Ken McClure: "The second notebook that Mona found contained a bunch of numbers according to Robin at Crossroads. Could those numbers be bank account numbers? Passwords? Routing numbers? PIN's?" On July 18, 2005, TRACEY RICHTER wrote the following in facsimile to Sheriff Ken McClure and then-Sac County Attorney Earl Hardisty: "I sincerely hope you really don't believe there wasn't a second man because then you won't look for him and if you won't look for him you can't find him. You have to find him, he has all the answers." In 2008, the Court awarded TRACEY RICHTER full custody of N.R. and M.R., and Michael Roberts was given liberal visitation rights. Immediately following TRACEY RICHTER and Michael Roberts' separation in 2004, TRACEY RICHTER, her family, and her friends began a coordinated effort to publicly accuse Michael Roberts of planning the (alleged) home invasion / being criminally responsible for Dustin Wehde's death, in effort to give TRACEY RICHTER an advantage over Michael Roberts in the couple's pending divorce / custody 8
  • 9. proceedings. On December 4, 2007, TRACEY RICHTER and Michael Roberts received an interlocutory divorce. In 2008, Michael Roberts married Dr. Heidi Johanna Forsbacka (aka Heidi Roberts). Michael Roberts has alleged that TRACEY RICHTER attempted to kill him three times in the four years that followed their separation. In fact, the State of Iowa's victim's compensation program reimbursed Michael Roberts for damages he sustained as a result of one of these three alleged attempts. On or around October 22, 2007, during one of their numerous hearings in Buena Vista County District Court Case No. CDCD002755, TRACEY RICHTER entered a letter into evidence which she testified was sent to her by the Consulate General of Finland in Los Angeles. The letter said that the Consulate General of Finland had forwarded documents sent to it by TRACEY RICHTER concerning the legality of Michael Roberts' marriage to Dr. Heidi Forsbacka (citizen of Finland). The letter further stated that "falsifying documents and committing fraud to obtain a Finnish visa or commit bigamy is a serious criminal offense for both Mr. Roberts and Dr. Forsbacka." TRACEY RICHTER testified at this hearing that this letter was genuine and that she received it in the mail or by fax. On November 8, 2007, the real Consulate General of Finland provided a letter stating that the above-mentioned letter purporting to be from the Consulate General of Finland, which TRACEY RICHTER entered into evidence, was fraudulent. On January 31, 2008, the Court entered its final order in Michael Roberts and TRACEY RICHTER's custody / child support case (a year or two prior, the Court entered an order legally divorcing the two). Although the Court awarded TRACEY RICHTER primary custody of N.R. and M.R., the Court stated the following in its findings: Tracey is very deviceful; She usually has a plan or scheme to effect a purpose. The following incidents establish crafty schemes by Tracey: (a) One week after Michael filed the petition for dissolution of marriage, Tracey filed a petition for relief from domestic abuse. As a result of the filing of this petition, a temporary protective order was entered. No evidentiary hearing was ever held to establish that Michael committed domestic abuse assault, as asserted by Tracey. The timing of the petition for relief from domestic abuse, filed by Tracey, and her failure to proceed to final hearing on her petition, leads the Court to believe that Tracey used this process in an attempt to gain advantage over Michael on the custodial issue; (b) Tracey has made attempts to establish that Michael has committed child abuse. Michael admits that he had in the past hit Noah on the buttocks with a light stick. He admits that this was inappropriate. This was reported to DHS and resulted in an unfounded report. At the trial on the custodial matter, Tracey did not contend that this activity constituted child abuse. In fact, 9
  • 10. she conceded that it was not child abuse. Later, Tracey made vigorous attempts to obtain a founded report as a result of this incident; (c) All three children were attending St. Mary's School. Noah had a bruise on his back. Bert went to Noah's teacher and told her about the bruise on Noah's back. The teacher is a mandatory reporter, and a report was made to the Department of Human Services. An investigation was conducted. Noah informed both the teacher and the caseworker for the Department of Human Services that the mark on his back was the result of a bicycle accident. This resulted in an unfounded report. Tracey, instead of making a report of child abuse on Noah, as a result of the bruise on his back, involves her son Bert and has him bring this to the attention of Noah's teacher. Tracey knew this would result in an investigation being conducted. It is quite apparent Tracey knew all along the source of Noah's injury; (d) When Tracey was made aware that Michael had a favorable report regarding custody from Bethany Christian Services, she made complaints to Bethany personnel to attempt to change the report. The involvement with Bethany was made by Michael to determine his capabilities of being a custodial parent. It was not his intent that Tracey be involved in the preparation of the report, but by complaining she convinced other personnel of Bethany that she should be interviewed as well as her supporters. On or around July 17, 2008, TRACEY RICHTER alleged there was a website that contained a nude image of TRACEY RICHTER and that Michael Roberts and or his wife, Dr. Heidi Forsbacka was responsible. The image was of a nude female with TRACEY RICHTER's face photo shopped on top of the picture of the nude female. It was later determined that TRACEY RICHTER used Michael Roberts' checking account to create the website on which this photo shopped image was published. Although no criminal charges (identity theft) were filed against TRACEY RICHTER, following a forensic examination of her computer that law enforcement seized from her apartment in May 2009, pursuant to a search warrant, law enforcement found the original digital image was used to create the nude photo shopped image of TRACEY RICHTER that was published on the website she In the middle of 2008, TRACEY RICHTER and her and Michael Roberts' children, N.R. and M.R. moved to Omaha, Nebraska. Shortly thereafter, Michael Roberts moved to nearby Papillion, Nebraska, to be close to his children. On December 29, 2008, TRACEY RICHTER wrote the following in an e-mail to Iowa Division of Criminal Investigation (DCI) Special Agent (SA) Trent Vileta (SA Vileta): "[Michael Roberts] told me about a premonition from God that would solve all our problems. He said that Mona would find proof that John Pitman tried to kill me and this would allow both Mona and Mike to sue John Pitman." On January 27, 2009, Michael Roberts received a temporary restraining order against TRACEY RICHTER from the Sarpy County District Court. On January 29, 2009, Michael Roberts was actively participating in the State of Nebraska's Victims of Domestic 10
  • 11. Abuse Address Confidentiality Program, which, among other things, provided him with a State Government mailing address, which allowed him to keep his residential address a secret. On February 6, 2009, TRACEY RICHTER wrote the following in an e-mail to DCI SA Vileta: Once when [Michael Roberts] was working with [Dustin Wehde] and supposedly "encouraging" him to write, he had him write about being a hitman. Oh, great! That's a really good idea. We now know that [Michael Roberts] knew [Dustin Wehde] was violent. [Michael Roberts's admits it. Let's encourage him to fantasize about killing for hire. Yes, let's glamourize unthinkable behavior. On April 19, 2010, TRACEY RICHTER was convicted of felony fraud in the Douglas County District Court, Omaha Nebraska. State v. Richter, Douglas County (Omaha, Nebraska) District Court Case No. CR 09 13186. On or around July 27, 2010, TRACEY RICHTER was convicted of felony perjury in the Clay County District Court in Iowa. State v. Richter, Clay County District Court Case No. FECR014399 Sometime in 2010, TRACEY RICHTER reported to the FBI that Michael Roberts had once been a close personal friend and associate of alleged international super cyber criminal JULIAN ASSANGE, the founder ofWikileaks.org, and that the two had engaged in all sorts of nefarious conduct. On June 7, 2011, the FBI interviewed TRACEY RICHTER about her allegations concerning Michael Roberts' supposed relationship with JULIAN ASSANGE. During the interview, TRACEY RICHTER began discussing the December 13, 2011, (alleged) home invasion and shooting death of Dustin Wehde. Specifically, TRACEY RICHTER told the FBI SA that she had a friend in Early, Iowa, named Mary Higgins. TRACEY RICHTER said that Mary Higgins and TRACEY RICHTER had a conversation about Dustin Wehde's attack on TRACEY RICHTER some time after the attack. TRACEY RICHTER said that Mary Higgins told her somebody involved in the investigation told her (Mary Higgins) that the police found a "diary or journal" during their investigation, which contained personal information regarding TRACEY RICHTER. TRACEY RICHTER said Mary Higgins did not say who it was involved in the investigation who told her (Mary Higgins) this information. On July 14, 2011, TRACEY RICHTER again told an FBI SA that Mary Higgins was told by somebody associated with the aforementioned investigation that the police found a journal, and that the journal contained personal information about TRACEY RICHTER. On July 27, 2011, TRACEY RICHTER was arrested for the December 13, 2001, murder of 20-year-old Dustin Wehde. State v. Richter, Sac County District Court Case No. i l
  • 12. FECR011900. The Sac County Sheriffs criminal complaint and arrest warrant alleged TRACEY RICHTER had knowledge of a piece of evidence that was found in Dustin Wehde's car following the murder / alleged home invasion, the existence of which was never publicly disclosed by law enforcement. The complaint further alleged the following: [TRACEY RICHTER's] communications with law enforcement and other individuals since the murder strongly indicates [TRACEY RICHTER] not only had knowledge this piece of evidence existed, but that she manufactured and planted the same in Wehde's vehicle after the murder to make it appear as if Wehde was a home invader. Specifically, and most recently, [TRACEY RICHTER] discussed this piece of evidence in detail with the FBI. Additionally, a witness has recently come forward and has [said that TRACEY RICHTER] described this piece of evidence to the witness in early 2002. The day TRACEY RICHTER was arrested, TRACEY RICHTER's mother, ANNA RICHTER, said the following in a message she left on the Sac County Attorney's Office answering machine: "You have destroyed a family," and "I have nothing left to lose." In the days that followed TRACEY RICHTER's arrest for Dustin Wehde's murder on July 27, 2011, while in the Douglas County Jail, TRACEY RICHTER directed her fiance, RUSSELL SCHERTZ, and mother, ANNA RICHTER, to contact State's witness Mary Higgins. TRACEY RICHTER told ANNA RICHTER and RUSSELL SCHERTZ that Mary Higgins had once told her about a journal implicating her first husband, Dr. John Pitman, in the alleged December 13, 2001, home invasion. ANNA RICHTER repeatedly tried to contact Mary Higgins in the weeks that followed TRACEY RICHTER's arrest. On July 28, 2011, while in the Douglas County (Omaha, Nebraska) Jail, TRACEY RICHTER and ANNA RICHTER had the following conversation: TRACEY RICHTER: Yeah. I think - but I do think it's important that you call Mary Higgins because - see, and then it says about- that I discussed the evidence in detail with the FBI. And I didn't — I don't think I discussed anything in detail with the FBI - ANNA RICHTER: It's just really weird. It's just - I tried calling [Mary Higgins] and nobody answered. And she has - she doesn't have an answering service. So I'll try calling tonight. TRACEY RICHTER: Because the only - the only evidence that - like - the only evidence that I learned about afterwards from - Mary Higgins told me that someone she knew close to the case, urn, told her that they found something that Dustin had like - I don't know - notes or a diary or something with information in it about me. That was it. Then, TRACEY RICHTER's fiance, RUSSELL SCHERTZ, got on the phone, and TRACEY RICHTER told him the following: 12
  • 13. But when I read [the criminal complaint], I'm like trying to rack my brain to think what it could be, like what - the only thing I can talk about - I mean think about that the FBI guy asked me about specifically was he asked me about something my girlfriend Mary Higgins told me about, which was that someone told her close to the case that they had found something, and but - and I remember being - sitting at my mom's when she called me about that. But I don't remember if it was like - because after the attack, I spent some time at my mom's (ANNA RICHTER). But I don't remember if it was then or if it was much later, like sometime after [Michael Roberts] and I separated and we were like visiting my mom. Towards the end of the conversation, TRACEY RICHTER again told RUSSELL SCHERTZ to have her mother, ANNA RICHTER, contact State's witness Mary Higgins: Yeah. And make sure - make sure my mom calls Mary Higgins and finds out who told her, urn, about what she had told me about; okay? - Yeah. And tell my mom to tell her it's not a question of someone getting in trouble. This is - this is a big deal now, you know. RUSSELL SCHERTZ asked TRACEY RICHTER, "and you want me to ask [Mary Higgins] what?" And TRACEY RICHTER gave the following answer: [Mary Higgins needed to tell RUSSELL SCHERTZ and ANNA RICHTER] who told [Mary Higgins] about what she told [TRACEY RICHTER] about. - And that [ANNA RICHTER] needs to stress [to Mary Higgins] that it's important, because like if they're going to say I knew about something that I shouldn't have known about and so then that by default means that I was involved, I mean Mary needs to come forward and say who said it to her. In one of the phone calls she made from the Douglas County Jail (Omaha) while awaiting extradition to Iowa, TRACEY RICHTER tried to get her mother, ANNA RICHTER, to agree that ANNA RICHTER was present when Mary Higgins told TRACEY RICHTER about the notebook. Later, during TRACEY RICHTER's murder trial, ANNA RICHTER attempted to testify to this. In the week that followed this conversation, ANNA RICHTER called the Higgins' residence numerous times, but no one answered or returned ANNA RICHTER's calls. Since this arrest, TRACEY RICHTER has been continuously incarcerated in either the Douglas County Jail, Sac County Jail, or an Iowa prison. On August 5, 2011, Sac County Attorney (SCA) Ben Smith filed the Trial Information against TRACEY RICHTER. State v. Richter, Sac County District Court Case No. FECR011900. SCA prosecuted and Assistant Attorney General (AAG) from the Iowa Attorney General's Office, prosecuted the case. On August 6, 2011, BERT PITMAN said the following to Donna Bistrican in a Facebook message: I am in Chicago right now. I would love to see you. Is [your home] on the way to Omaha? In response, Donna Bistrican told BERT PITMAN not to Omaha until TRACEY 13
  • 14. RICHTER's lawyers [told BERT PITMAN it was okay to do so]." Donna Bistrican then told BERT PITMAN to call her. Immediately following TRACEY RICHTER's arrest, Michael Roberts took custody of their children, N.R. and M.R., and moved to California where he was enrolled in the State of California's victim protection program. Save for a few monitored calls Michael Roberts allowed TRACEY RICHTER to have with their children, Michael Roberts did not allow TRACEY RICHTER and her family to have any contact / communication with his children, mostly because TRACEY RICHTER and her family continued to blame Michael Roberts for TRACEY RICHTER's plights. In the few instances where he did allow TRACEY RICHTER to speak to the children over the phone, he had to abruptly end the calls because TRACEY RICHTER, rather than engage her children in a meaningful, motherly conversation, instead probed them for information and details as to their current whereabouts. On November 7, 2011, a Webster County, Iowa, jury convicted TRACEY RICHTER for the first degree murder of Dustin Wehde. The following non-exhaustive list of persons either were listed as witnesses in the State's Trial Information and / or testified against TRACEY RICHTER at her murder trial: Dr. John Pitman, Mary Higgins, Mona Wehde, Ashley Wehde, Raymond Friedman, Marie Friedman, Michael Roberts, and Jeremy Collins (collectively "State's witnesses"). As mentioned earlier, during the trial, ANNA RICHTER tried to testify that Mary Higgins was the one who told TRACEY RICHTER about the existence of the pink spiral notebook (not the other way around as Mary Higgins had testified). ANNA RICHTER was not able finish her story because the State made a hearsay objection to the question / her answer, which the Court sustained. On December 3, 2011, just days before she was to be sentenced, TRACEY RICHTER and her mother, ANNA RICHTER, were caught trying to solicit fraudulent testimony from this convicted child molester in effort to get TRACEY RICHTER a new murder trial. Specifically, TRACEY RICHTER wrote the following in letters to the convicted child molester: "I pray for a miracle and [interviewed with] [Dateline NBC] hoping it would cause someone to come forward with helpful information"; "You need to understand that I am guarded. I used to...trust people until they gave me a reason not to trust them. That has changed. Now my trust must be earned over time and actions speak louder than words"; "I'm not sure whether your friend was following the [murder case] out of sheer curiosity or he knows something. If he does [tell him] the statute of limitations has run out on assault and burglary so he has nothing to lose if something feels bad and wants to come forward [and] wants to do the right thing"; "there is the possibility there was a 'lookout' person [in addition to the three others TRACEY RICHTER alleged were responsible for Dustin Wehde's murder], too. My lawyer has the contact details [for Dateline NBC] if your friend knows anything he wants to share. 14
  • 15. I'm sure God would bless anyone brave enough to come forward." On December 5, 2011, TRACEY RICHTER was sentenced to life in prison without the possibility of parole. As demonstrated below, beginning December 2011 / January 2012, through as recently as June 23, 2014, DARREN MEADE, TRACEY RICHTER, ED MAGEDSON, ANNA RICHTER, and others have been publishing defamatory and harassing stories about the State's witnesses on literally millions of webpages. These defamatory stories and comments accuse the State's witnesses of theft, perjury, fraud, computer hacking, child molestation, murder, and terrorism. DARREN MEADE DARREN MEADE is a forty-seven-year old resident of Laguna Beach, California. DARREN MEADE held the position of CEO of Progenex Dairy Bioactives, a Delaware company, from July 2010 through February 2011. During this period of time, he willfully and enthusiastically participated in a criminal conspiracy to embezzle in excess of one million dollars ofthe company's funds in pursuit of an exclusive license agreement allowing access to and the use of an illegal structure query language (SQL) injection script capable of removing online consumer complaint reports from existing "gripe" websites such as RipOffReport.com, Blogspot.com and others. On or around November 7, 2007, ADAM ZUCKERMAN was convicted for his role as the principal organizer in a fraudulent 20-plus million dollar bank leasing scheme, which the US Department of Justice (USDOJ) named "Operation Lease Fleece." Following his conviction, while awaiting sentencing for his role as the principal organizer in the aforementioned leasing scheme, ADAM ZUCKERMAN was on supervised released with U.S. Pretrial Services. http://www.justice.gov/usao/cac/Pressroom/pr2007/141.html In November 2009, Dr. Scott Connelly, unaware of ADAM ZUCKERMAN's past, entered into an investment agreement with ADAM ZUCKERMAN's company, VenturePharma, in order to raise investment capital to fuel a medical research and development venture that Dr. Scott Connelly's company, Progenex, had developed. Throughout Dr. Connelly's contact with ADAM ZUCKERMAN, which was between 2009 and 2010, ADAM ZUCKERMAN dropped his surname and used the alias "ADAM STUART" in a deliberate effort to conceal his status as a convicted felon awaiting sentencing for his role 15
  • 16. as the principal organizer in the 20-plus million dollar fraudulent leasing scheme. When ADAM ZUCKERMAN's true identity and status as a convicted felon awaiting sentencing was revealed to Dr. Scott Connelly, which was in April 2010, Dr. Scott Connelly resigned as CEO of Progenex, moved to rescind the investment deal, and initiated a series of disclosures concerning ADAM ZUCKERMAN's fraud to the Santa Ana, California branch offices ofthe United States Attorney's Office Attorney and the FBI. In an attempt to prevent his fraudulent actions from becoming known to federal authorities, ADAM ZUCKERMAN launched a preemptive, vexatious civil action against Dr. Scott Connelly to deflect his personal culpability in the creation ofthe investment fraud. When his expected result of a quick settlement and exhaustive non-disclosure agreement did not materialize, ADAM ZUCKERMAN instigated a systematic online defamation campaign against Dr. Scott Connelly in the hopes that the publication of these libelous and untruthful allegations would coerce Dr. Connelly's acquiescence to ADAM ZUCKERMAN's desired cover up. ADAM ZUCKERMAN and his felonious cohorts hired DARREN MITCHELL MEADE as Progenex's CEO to front their group's efforts to harass and intimidate Dr. Scott Connelly. DARREN MEADE would later admit in a two-day deposition that he was hired by ADAM ZUCKERMAN solely for the purpose of harassing and intimidating Dr. Scott Connelly into settling his case civil case with ADAM ZUCKERMAN and ADAM ZUCKERMAN's criminal organization ("the criminal organization" or "criminal accomplices"). ADAM ZUCKERMAN and his criminal organization paid DARREN MEADE a salary and agreed to pay him a $200,000.00 bonus if he was able to coerce and intimidate Dr. Scott Connelly into settling his civil case against ADAM ZUCKERMAN and his criminal organization. Throughout his tenure as Progenex CEO, DARREN MEADE was fully aware that ADAM ZUCKERMAN had recently been convicted of a multi-million dollar bank leasing scheme and would eventually be incarcerated in a federal prison. In effort to suppress negative content appearing about them online, which began appearing after Dr. Scott Connelly exposed them, ADAM ZUCKERMAN and DARREN MEADE, using company / Progenex funds, hired Michael Roberts' company, Rexxfield, to help fix / bolster their respective online reputations. In February 2011, ADAM ZUCKERMAN, DARREN MEADE, and their criminal accomplices worked to seize control and ownership of Michael Roberts' company, Rexxfield, for the purpose of usurping the rights to an existing contract Rexxfield had with MATTHEW COOKE for the use of an illegal SQL technology, which, when deployed, could effectively remove webpages from the internet. ADAM ZUCKERMAN and DARREN MEADE sought to monetize this technology by creating an online reputation management company that would market this illicit technology /SQL 16
  • 17. injection hack as an online "reputation management" service that offered to "repair" an unsuspecting customer's online reputation by removing whatever webpage(s) the customer believed was damaging the customer's reputation (or the customer's competitors webpage for that matter), using the above-mentioned SQL hack. ADAM ZUCKERMAN and DARREN MEADE charged up to $5,000.00 per removal. Progenex funds were used to negotiate and execute a partnership agreement between ADAM ZUCKERMAN and Rexxfield, and in Feb 2011, Progenex funds were embezzled to cure an existing default ofthe Rexxfield-Cooke agreement. Unbeknownst to Rexxfield, this partnership agreement granted ADAM ZUCKERMAN, DARREN MEADE, and their accomplices, a sixty-percent (60%) controlling interest in Rexxfield and transferred the rights to this illicit technology from Rexxfield to an entity wholly owned by ADAM ZUCKERMAN and his accomplices. Acquiring Michael Roberts' business and deploying an illegal hacking technology on a mass scale for profit, in addition to being well outside the scope of Progenex's charter, was patently illegal. In the latter half of January 2011, DARREN MEADE e-mailed Rexxfield employee Paul Portelli for the purpose of trying to go behind Michael Roberts' back to discover the contact information for MATTHEW COOKE (purported inventor and proprietor of this illicit SQL technology) to solicit / court MATTHEW COOKE and his hacking technology away from Michael Roberts / Rexxfield and into the folds of DARREN MEADE and ADAM ZUCKERMAN's ongoing criminal enterprise (i.e., cutting out the middle man, Michael Roberts) On February 19, 2011, DARREN MEADE asked ADAM ZUCKERMAN for the address of Paul Portelli (Michael Roberts' / Rexxfield employee) so that DARREN MEADE could go over to Paul Portelli's home and intimidate him with a 9mm pistol. On February 20, 2011, DARREN MEADE suggested that he and ADAM ZUCKERMAN should begin publicly accusing Michael Roberts of child molestation to pressure Michael Roberts' into giving DARREN MEADE and ADAM ZUCKERMAN's criminal organization the exclusive rights to MATTHEW COOKE's illicit SQL technology. On February 20, 2011, in an e-mail to ADAM ZUCKERMAN with the subject heading "Conspiracy Theory Gone Wild," DARREN MEADE suggested that he and ADAM ZUCKERMAN begin publicly accusing Michael Roberts of hiring Dustin Wehde to kill TRACEY RICHTER (i.e., accuse Michael Roberts of being criminally responsible for Dustin Wehde's murder) to pressure and leverage Michael Roberts into giving DARREN MEADE and ADAM ZUCKERMAN's criminal organization the exclusive rights to MATTHEW COOKE's illicit SQL technology. DARREN MEADE suggested that he and ADAM ZUCKERMAN have lunch the following day and "devise how to play this card" against 17
  • 18. Michael Roberts. On February 23, 2011, DARREN MEADE told Paul Portelli that DARREN MEADE was aware of ADAM ZUCKERMAN's criminal history and, despite this, continued to work for ADAM ZUCKERMAN and their criminal organization because they were his "partners" and he (DARREN MEADE) wanted to make "millions" removing RIPOFF REPORT complaints from the internet using MATTHEW COOKE's illicit SQL hack. This is absolute proof DARREN MEADE was aware of ADAM ZUCKERMAN's criminal behavior, and was quite content to assist in covering up the same. DARREN MEADE continued to actively engage in this conspiracy until February 24, 2011, when he learned that ADAM ZUCKERMAN and his other criminal co-conspirators had usurped the SQL partnership opportunity for themselves and effectively disenfranchised DARREN MEADE from their ongoing criminal endeavors, including their planned development of a reputation management business with MATTHEW COOKE (and his illegal hacking code), which meant DARREN MEADE would no longer receive his weekly CEO "paycheck" from Progenex, and was no longer eligible for the bonus that was contingent on his successfully harassing and defaming witness / litigant Dr. Scott Connelly into submission. On February 24, 2011, DARREN MEADE reached out to Paul Portelli, the Rexxfield DARREN MEADE sought intimidate with a 9mm pistol just five days prior (February 19, 2011), and Michael Roberts, and told them that he (DARREN MEADE) had resigned from Progenex to protect Rexxfield and their interests in the deal with MATTHEW COOKE. Also during this conversation, DARREN MEADE told Michael Roberts and Paul Portelli that he (DARREN MEADE) and ADAM ZUCKERMAN had sold over $50,000 of "RIPOFF REPORT removals" in just one week. DARREN MEADE told Michael Roberts and Paul Portelli the following about his experience in removing RIPOFF REPORT complaints from the internet for mass profit: Because when you, you know - I cold-called people to see what would happen is you (inaudible) and we just went on and made phone calls. And you essentially get cussed out initially because they have been hit up by everybody, and some of the people have paid money and nothing happened for them. But then they are all willing to go ahead and move forward and try it out. So if you had it on a larger scale and say you were doing (inaudible) $500, they could still sell it for 15 to 3,000, you have a lot of revenue. If you did a thousand a month with one wholesaler, that's $500,000 coming in. What's your overhead on that? A couple months of beating bushes to pull the wholesalers together, and in the interim, you could sit and [could continue to make money removing RIPOFF REPORT complaints yourself]. DARREN MEADE also told the two that the only reason he did not resign sooner was 18
  • 19. because he needed Progenex's resources to help repair his online reputation (i.e., money to pay professionals to remove derogatory content about him from the internet), which had been badly damaged after his role in the group's ongoing criminal enterprise had been exposed by its victims. To support this, DARREN MEADE told Michael Roberts and Paul Portelli the following: I mean, you have to -- you asked me last night why - why I was still in Progenex, and I said, did you see what happened to my [online] reputation? So if you Google [my name, DARREN MEADE] and Progenex and you start clicking on all the links...and some different websites they have [up about DARREN MEADE's and ADAM ZUCKERMAN's ongoing criminal activities]...they are complete character assassinations. So, for me to be hired as a consultant to work for somebody right now, I would never pass a due diligence. Also during this conversation, DARREN MEADE told Michael Roberts and Paul Portelli that he (DARREN MEADE) and ADAM ZUCKERMAN planned to "just [remove] RIPOFF REPORT [complaints]...and make a lot of money from it." DARREN MEADE told Michael Roberts and Paul Portelli that he (DARREN MEADE) had a contractual right to MATTHEW COOKE's illicit hacking technology, and that he had "noticed [ADAM ZUCKERMAN]" that he planned to exercise this right. Incredibly, DARREN MEADE told Michael Roberts and Paul Portelli that he was aware ADAM ZUCKERMAN had been using the alias "ADAM STUART" to conceal his true identity from Progenex's shareholders / investors, because said individuals would probably not have been so willing to "invest" in ADAM ZUCKERMAN's new company or Progenex if they knew it was being ran by a convicted felon on pretrial release and was awaiting sentencing for his principal role in a multi-million fraudulent bank leasing scheme. DARREN MEADE also told Paul Portelli and Michael Roberts that ADAM ZUCKERMAN had instructed DARREN MEADE to create "wholesalers that can sell a couple thousand RIPOFF REPORT [removals] per month," and that "they" would sell these wholesalers a one-time "franchise [fee] (for access to the illicit SQL hack) for...$25,000." At the end of this conversation, DARREN MEADE invited Michael Roberts and Paul Portelli over to his Laguna Beach to continue their discussion. On February 27, 2011, in what was clearly an effort to intimidate ADAM ZUCKERMAN and DARREN MEADE's other (former) criminal co-conspirators from shying away from the deal with MATTHEW COOKE for the illicit hacking technology, DARREN MEADE, in an announcement on the free press release distribution service www.PRLOG.com, announced his resignation as CEO of Progenex, and in doing so, named ADAM ZUCKERMAN as the company's "major beneficial stakeholder, not "ADAM STUART," the alias DARREN MEADE and the criminal enterprise had been using to conceal ADAM ZUCKERMAN's true identity. In this press release, which DARREN MEADE wrote in the third person, DARREN MEADE said, among other things, that "I cannot in good conscience continue due in part to the 19
  • 20. irreconcilable philosophical differences I have with the major beneficial stakeholder ADAM ZUCKERMAN who for the most part controls the company and related entities." The evidence shows, however, that the only irreconcilable philosophical difference DARREN MEADE had with his former criminal co-conspirators was that DARREN MEADE believed he was unfairly ousted from the criminal enterprise and that he (DARREN MEADE) alone should have MATTHEW COOKE's illicit hacking technology. . On February 28, 2011, in an e-mail, DARREN MEADE informed MATTHEW COOKE, the inventor / owner of this illicit hacking technology, that he (DARREN MEADE) had a "unilateral non-circumvention agreement" that gave DARREN MEADE a priority claim to MATTHEW COOKE's illicit SQL hack over that of ADAM ZUCKERMAN's criminal organization. DARREN MEADE also informed MATTHEW COOKE that "ALEXANDER BORJIA" (another ADAM ZUCKERMAN alias) was really convicted felon ADAM ZUCKERMAN, and that any further dealings related to the illicit SQL hack between MATTHEW COOKE and ADAM ZUCKERMAN violated DARREN MEADE's contractual rights to the illicit SQL hack. Later that same day, MATTHEW COOKE, a man with whom DARREN MEADE had extensively communicated in the previous two or three months, responded to DARREN MEADE's above-email as follows: "Dear Mr. Meade, I do know you, nor have I ever been a party to any agreement with you, and I do not appreciate the continuous calls and emails. I expect that this communication is the last of our dealings as we have nothing further to discuss." Shortly after sending this response to DARREN MEADE, MATTHEW COOKE sent an e-mail to Michael Roberts wherein MATTHEW COOKE admitted that DARREN MEADE (not "a man named DARREN MEADE" or "a DARREN MEADE") had just sent him a "confusing" e-mail message and referred to DARREN MEADE by his first name, "Darren." Following this failed, frenetic attempt to cajole and coerce MATTHEW COOKE and ADAM ZUCKERMAN into letting him back into the criminal enterprise's SQL licensing / RIPOFF REPORT removal scheme, DARREN MEADE, forced to confront the realities bearing down on him (unemployment and being a named defendant in a complex civil fraud proceeding, neither of which could be mitigated if the truth about his actions while acting as the CEO of Progenex were revealed) instigated an ever escalating feigned "whistle-blower" campaign to notify / inform law enforcement and the media of ADAM ZUCKERMAN's (formerly ADAM ZUCKERMAN and DARREN MEADE's) organization's ongoing criminal activities, all in effort to obfuscate his responsibility and involvement for the same crimes, which he had committed alongside them as Progenex's CEO. However, as the foregoing demonstrates, the ONLY thing responsible for DARREN MEADE's twenty-four hour transformation from degenerate criminal to whistleblowing white knight, was that he learned ADAM 20
  • 21. ZUCKERMAN and his other former co-conspirators had kicked him out of the "deal" and he would no longer have access to MATTHEW COOKE's hacking code to make "millions" removing RIPOFF REPORT complaints. On March 4, 2011, DARREN MEADE told Michael Roberts that "at the end ofthe day, [Dr. Scott Connelly] is a [ADAM ZUCKERMAN's victim] just like you, [Michael Roberts]. On November 21, 2011, DARREN MEADE made a sworn declaration to the Federal Court in which he had stated he intimate knowledge that his former accomplices and co- conspirators, ADAM ZUCKERMAN, KIRK MCMAHAN, and others, had effectively reconstituted their fraudulent BRICKBANC ("Operation Lease Fleece") operations under the name XBANKER while ADAM ZUCKERMAN and KIRK MCMAHAN were on pretrial release with the federal government. Below is an excerpt from DARREN MEADE's sworn declaration: In late 2010, I was present during a meeting where [ADAM ZUCKERMAN] and KIRK MCMAHAN became very concerned that if the true nature of the activities taking place at XBANKER were revealed they would have a negative impact on their pending sentencing in the BRICKBANC case. As a result they decided to do two things. First, ADAM ZUCKERMAN's mother, MIRIAM ZUCKERMAN, would be prohibited from entering the building and communicating with any XBANKER customers out of a fear that the customers would make a connection between MIRIAM ZUCKERMAN and ADAM ZUCKERMAN and thus reveal his background. Second, XBANKER's operations would have to be shut down by January 2011. Bank records and other information obtained by law enforcement and other information demonstrates that ADAM ZUCKERMAN, KIRK MCMAHAN, while on pretrial release and awaiting sentencing, along with DARREN MEADE and a handful of others, essentially reconstituted the operations of BRICKBANC ("Operation Lease Fleece") under the name XBANKER. In the weeks and months that followed his reluctant departure from ADAM ZUCKERMAN's organization, DARREN MEADE, on multiple occasions, told Michael Roberts, Dr. Scott Connelly, the United States Department of Justice, including numerous FBI Special Agents and Assistant United States Attorneys, and others, that he (DARREN MEADE) was duped by ADAM ZUCKERMAN (aka ADAM STUART, aka ALEXANDER BORJIA) and his other former co-conspirators and that Michael Roberts and Dr. Scott Connelly were also victims of ADAM ZUCKERMAN and his organization (which, from June 2010 through February 24, 2011, included DARREN MEADE). On June 21, 2011, and September 26, 2011, DARREN MEADE was deposed in Connelly v. Does, Superior Court Of The State Of California, County Of Orange, Case No. 30-2011- 21
  • 22. 00453171. In this deposition, DARREN MEADE testified to the following: • He (DARREN MEADE) was hired by ADAM ZUCKERMAN to use the internet to defame and harass Dr. Scott Connelly to pressure Dr. Connelly into settling his civil case with ADAM ZUCKERMAN at al. and ending Dr. Scott Connelly's efforts to have law enforcement revoke ADAM ZUCKERMAN's and KIRK MCMAHAN's pretrial release (i.e., harass and defame a witness to obtain some form of advantage over the witness in pending litigation). • He (DARREN MEADE) was offered premium incentives, both in cash ($200,000.00) and equity in Progenex, provided his defamation campaign proved successful in securing a settlement from Dr. Scott Connelly. • Michael Roberts was ADAM ZUCKERMAN's victim, not his co-conspirator, that it was ADAM ZUCKERMAN who threatened his life (not Michael Roberts as DARREN MEADE would later allege). He and the above-mentioned convicted felons conspired to use stolen Progenex funds to procure an illicit hacking technology for the purpose of creating a reputation management service that would charge its customers, victims / subjects of online defamation, $5,000.00 to remove a RIPOFF REPORT complaint or other defamatory content on the internet, and would accomplish this by injecting illicit source code (hacking) into RIPOFF REPORT'S servers. • He (DARREN MEADE) and ADAM ZUCKERMAN sold $50,000 worth of [RIPOFF REPORT removals] in less than a week, maybe spending a total of only three hours on the phone. DARREN MEADE further testified that he and ADAM ZUCKERMAN did not need to advertise their services, because all they did was read the RIPOFF REPORT website and wait for somebody to publish something derogatory about a business and you would just turn around and call the business an say, "I see that you have this problem. We can make it go away for $3,000." DARREN MEADE further testified that "THEIR largest client's were attorneys." • DARREN MEADE further testified that "Ripoff Report never deletes anything written about somebody. So it's the perfect place to defame somebody because it will always stay up, and for some reason it winds up ranking on the first page of Google. So if you want to destroy somebody's reputation, that's a great place to do it." Michael Roberts was not aware that deploying the SQL code was illegal at the time Michael Roberts was attempting to purchase it. A review of both DARREN MEADE's e-mail communications, disclosures he made to federal law enforcement officials from April 2011 through Nov 2011, as well as admissions he made in his above-mentioned deposition, leaves no doubt that as of the date he assumed the role as Progenex CEO, which was in June 2010, as well as throughout his 22
  • 23. entire tenure there, DARREN MEADE knew ADAM ZUCKERMAN was using a number of aliases to conceal his criminal past. This proves DARREN MEADE was fully aware of the criminal scheme to steal Progenex funds and defraud its shareholders. In fact, in a November 15, 2011, e-mail, DARREN MEADE wrote that he "was the CEO of Progenex [and] knew what was being committed financially." On August 29, 2011, at KIRK MCMAHAN's sentencing hearing, while sitting alongside a victim of ADAM ZUCKERMAN's most recent fraudulent operation, XBANKER, DARREN MEADE told a sitting Federal District Court Judge that ADAM ZUCKERMAN and KIRK MCMAHAN threatened to explode DARREN MEADE's brain with a .50 caliber bullet if DARREN MEADE ever threatened to expose them. On October 24, 2011, TRACEY RICHTER's murder trial started. On October 25, 2011, in an email to Michael Roberts, DARREN MEADE thanked Michael Roberts for providing him updates on TRACEY RICHTER's murder trial and told Michael Roberts that he was praying for him. On October 28, 2011, DARREN MEADE began making extortive demands of State's witness Michael Roberts for financial payments, which Michael Roberts refused. As a result of Michael Roberts' refusal to give DARREN MEADE money, DARREN MEADE's demands and threats towards Michael Roberts escalated. In November 2011, flat broke and bereft of any employment, with his history of fraud having been exposed online, DARREN MEADE, desperate for a source of income, saw an opportunity to forge a relationship with ED MAGEDSON, the owner, operator, and "EDitor" of Ripoffreport.com, by providing ED MAGEDSON with information about the ongoing report removal attacks that he (DARREN MEADE), ADAM ZUCKERMAN, MATTHEW COOKE, and his other co-conspirators had been executing with the SQL technology. However, DARREN MEADE (assumedly) failed to tell ED MAGEDSON / RIPOFF REPORT and the FBI that he actively and enthusiastically participated in this same scheme before he got booted out of the deal. In fact, DARREN MEADE would later admit that he (DARREN MEADE) removed derogatory RIPOFF REPORT complaints about himself (DARREN MEADE) by injecting this illegal source code into RIPOFF REPORT'S servers. Furthermore, during his conversation with Paul Portelli on 23 Feb 2011, DARREN MEADE stated that the reason for his voluntary continued involvement with convicted felon ADAM ZUCKERMAN was to "make money off the [RIPOFF REPORT removals]." On November 5, 2011, two days before TRACEY RICHTER was to be sentenced, DARREN MEADE launched his first reprisal against Michael Roberts when, in the comment section below an online news story about TRACEY RICHTER's case, he accused Michael 23
  • 24. Roberts of being criminally responsible for Dustin Wehde's murder. The next day, on November 6, 2011, the jury in TRACEY RICHTER's murder trial handed down their guilty verdict. On November 10, 2011, TRACEY RICHTER's good friend DONNA BISTRICAN and DARREN MEADE had a phone conversation that lasted over one hour. On November 22, 2011, ANNA RICHTER called DARREN MEADE (one minute). On November 23, 2011, TRACEY RICHTER wrote the following in a letter to Jim Landa, a convicted child molester incarcerated in Wisconsin: "Recently a man came forward with claims my [second] husband, [Michael Roberts] threatened to kill him and befriended a mentally unstable man and got that man [sic] to break into his [sic] present home." On November 27, DARREN MEADE called ANNA RICHTER and the two spoke for seven minutes. On November 28, 2011, ANNA RICHTER and DARREN MEADE had a phone conversation that lasted over eighty-three (83) minutes. On November 29, 2011, ANNA RICHTER and DARREN MEADE had a phone conversation that lasted about fifty (50) minutes. On December 1, 2011, DARREN MEADE and RUSSELL SCHERTZ, TRACEY RICHTER's fiance, spoke on the phone for eighty-seven (87) minutes. Between December 12 and 15, 2011, DARREN MEADE visited Arizona and stayed in a hotel on the same road on which RIPOFF REPORT'S attorneys are located. In December 2012, DARREN MEADE began publishing harassing and defamatory stories on the internet about the State's witnesses, most of which he and others published as "complaints" on the purported consumer advocacy website www.ripoffreport.com (RIPOFF REPORT). Among many other things, these "complaints" accuse the State's witnesses of murder, child molestation, terrorism, perjury, and a myriad of financial crimes, including fraud. RIPOFF REPORT RIPOFF REPORT (www.RipOffReport.com) is incorporated in the State of Delaware as XCENTRIC VENTURES, LLC ("RIPOFF REPORT). ED MAGEDSON is the owner, 24
  • 25. operator, and "EDitor" of RIPOFF REPORT. RIPOFF REPORT earns money through advertisements on its website. RIPOFF REPORT is an Arizona based company, but is incorporated in the State of Delaware. RIPOFF REPORT derives financial benefit and income by selling advertisement space on its website and through its "Corporate Advocacy Program" and its RIPOFF REPORT Verified™ program (collectively "CAP"), both of which are expensive services provided solely by RIPOFF REPORT, which mitigate, and in some instances, remove negative, defamatory RIPOFF REPORT complaint for a hefty fee. The RIPOFF REPORT enterprise markets the C A P programs to the subjects of Reports, typically after strongly urging them to file rebuttals. By joining C A P or otherwise making financial arrangements with the RIPOFF REPORT enterprise, a subject can buy the privilege of essentially writing (or approving) his or her own Google search result. The C A P member writes or approves between 250 and 350 additional words of positive content that will be inserted into the body of a Report and also in a known strategic location in the HTML for the Report. 250 words is just the right amount of text to push the surrounding negative content so far down in the HTML as to be irrelevant to search engines. Thus, negative content virtually disappears from the Google search results for CAP members, replaced by the words approved by the C A P member. Because Google's search algorithms are generally influenced to select text that "matches," between both a web page and the corresponding HTML (that is, identical text that is present in both), putting the positive content in the strategic location in the HTML, along with a matching block of text in the Report effectively negates the harmful effect ofthe Report with the Google search engine. According to RIPOFF REPORT employee / agent SIAMACK YAGHOBI (aka SAM YOUBANKS), RIPOFF REPORT / XCENTRIC VENTURES is worth more than 35 million dollars. On December 10, 2011, DARREN MEADE wrote the following Facebook message to a friend: "I leave for Arizona on Monday to meet with the FBI and then for a job interview afterwards...looks like I might do an interview on Dateline NBC in 2-3 weeks to get the story out on all of this. The job interview is in [Arizona], but I would still work from Laguna." Between December 12 and 15, 2011, DARREN MEADE visited Arizona and stayed in a hotel on the same road on which RIPOFF REPORT'S attorneys are located. On December 21, 2011, DARREN MEADE sent an e-mail, which contained the job proposal he pitched to ED MAGEDSON / RIPOFF REPORT. In early January 2012, ED MAGEDSON and RIPOFF REPORT possessed and had 25
  • 26. knowledge of DARREN MEADE's aforementioned deposition. On or around January 1, 2012, DARREN MEADE told Dr. Scott Connelly he was hired by TRACEY RICHTER's mother, ANNA RICHTER, and brother to help TRACEY RICHTER get a new trial. On January 1, 2012, TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN see if he could get "[DR. JOHN PITMAN'S former girlfriend, Allisan Tucker] to turn on Dr. John Pitman." TRACEY RICHTER added that [Allisan Tucker] is looking to further her career and if she [had] something on [Dr. John Pitman] that could be helpful, know what I mean?" TRACEY RICHTER told ANNA RICHTER that "it would be heaven" and would "serve [Dr. John Pitman] right" if he was betrayed by someone he put before his son (BERT PITMAN). On January 3, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was "going after" Michael Roberts. On January 20, 2012, TRACEY RICHTER told BERT PITMAN he "[needed] to work magic." TRACEY RICHTER told BERT PITMAN to talk to Dr. John Pitman's nurses to see if any of them had information that would prove Dr. John Pitman lied when he testified against TRACEY RICHTER. BERT PITMAN said he had talked to one of Dr. John Pitman's nurses and could get more information from that nurse. TRACEY RICHTER told BERT PITMAN to tell this nurse that the nurse would have the potential to save someone's life (TRACEY RICHTER's life). BERT PITMAN said this nurse wanted to talk, and another one of Dr. John Pitman's employees was tired of Dr. John Pitman. BERT PITMAN stated he would talk to people who work for Dr. John Pitman. BERT PITMAN told TRACEY RICHTER he did not know the situation with Dr. John Pitman's former girlfriend, Allisan Tucker, and whether she would tell BERT PITMAN anything. TRACEY RICHTER said she thought "[Allisan Tucker] would "f**k Dr. John Pitman over in a heartbeat." BERT PITMAN said the last time he went out on a limb for TRACEY RICHTER, his father, Dr. John Pitman, cut him off, so he (BERT PITMAN) needed to be careful, and should hire a lawyer before he talked to Allisan Tucker, because it could backfire on him (BERT PITMAN). TRACEY RICHTER directed BERT PITMAN to get Allisan Tucker's contact information and give it to ANNA RICHTER, and ANNA RICHTER would contact Allisan Tucker so that BERT PITMAN'S participation in the matter would not be known to Dr. John Pitman. On January 26, 2012, Journalist Glenn Puit, published RIPOFF REPORT complaint No. article 829020, which is more or less a damning account of the criminal activities of convicted felons ADAM ZUCKERMAN and KIRK MCMAHAN described earlier herein. On January 28 and 30, 2012, DARREN MEADE wrote the following to Dr. Scott Connelly and Dr. Scott Connelly's attorney: "It seems my deposition was sent to a third-party the 26
  • 27. General Counsel for Ripoff Report. Do you have any idea how this happened?"; "I have not authorized ANY dissemination of the depositions"; "I need to ask for you to keep [your] promise....[that you] will not disseminate [DARREN MEADE's deposition to third parties without clearing it with [me, DARREN MEADE]"; and "going behind my back [and giving my deposition to] [RIPOFF REPORT] is bad faith; "I explained to you the FBI investigation [into the RIPOFF REPORT hacking to remove complaints for profit, of which DARREN MEADE was part] is in it's fragile state. That the boiler room information should funnel through me, instead you had [your attorney] reach out directly and he offers up my deposition [to RIPOFF REPORT]?" On February 3, 2012, TRACEY RICHTER asked ANNA RICHTER whether there was anything else on RIPOFF REPORT and / or whether RIPOFF REPORT was going after Michael Roberts, "big time." ANNA RICHTER said RIPOFF REPORT was going after Michael Roberts, "big time." ANNA RICHTER said DARREN told her RIPOFF REPORT had Michael Roberts on the run and that Michael Roberts had to be going crazy. ANNA RICHTER said RIPOFF REPORT had not yet published her "complaint" on RIPOFF REPORT, even though she had submitted it to RIPOFF REPORT a number of days prior. TRACEY RICHTER directed her mother to check RIPOFF REPORT every single day. On February 14, 2012, DARREN MEADE authored / published RIPOFF REPORT complaint No. 839253, the first version of "Google-Cide Exposed By The Man Who Knew Too Much, DARREN MEADE threatened and life in danger - SEO (Search Engine Optimization) Reputation Management dark side," which is an oft updated RIPOFF REPORT complaint deliberately crafted to deflect and obfuscate DARREN MEADE's knowledge of and enthusiastic participation in the criminal scheme leading to the executed SQL hack licensing agreement between ADAM ZUCKERMAN and MATTHEW COOKE. In this original report (and subsequent updates by DARREN MEADE himself) DARREN MEADE admitted his eye witness status but purposely omitted critical facts regarding the true nature of his volitional participation with ADAM ZUCKERMAN's plan from November 2010, continuously up to February 24, 2011, at which time DARREN MEADE became aware that ADAM ZUCKERMAN had usurped the SQL licensing opportunity for himself and was proceeding without DARREN MEADE. To further camouflage his culpability he even included facts concerning the involvement of Reputation.com in the bidding process for exclusive access to the license rights to MATTHEW COOKE's SQL code: I was recruited as the CEO of another [ADAM ZUCKERMANJ-controlled entity, Progenex, from which he embezzled the funds to acquire both a controlling interest in Rexxfield and the rights to the SQL injection code. In completely unrelated news, the hacker who wrote it MATTHEW COOKE was the brain behind RemoveYourName.com. That is, until he sold the domain (is that all?) to the well-meaning folks at Reputation.com. Draw your own 27
  • 28. conclusions. The underlined hyperlink (see below) included in the original (and subsequent updates) provided evidence of the statement by MATTHEW COOKE referring to an offer of $60,000.00 put forth by Reputation Defender (name changed to Reputation.com in January 2011) for exclusive use rights to the criminal SQL code. http://www.ripoffreport.com/features/audio/Matthew-Cooke-Call-With-Michael-Roberts.mp3 Bank records recovered in the course of the Progenex embezzlement investigation confirmed that MATTHEW COOKE's online property RemoveYourName.com was acquired as an "asset purchase" by Reputation Defender (now Reputation.com) in December of 2010 less than 30 days after the execution of the Rexxfield-Cooke SQL license agreement (aka Trade Secret Purchase agreement") was executed. Financial transactions and other records also indicate that during that same time frame (Oct-Dec 2010) MATTHEW COOKE was operating an "affiliate partner" network in which dozens of existing online reputation management companies were paying MATTHEW COOKE to remove clients' online complaint reports by using his SQL code on a fee-for-service basis. The evidence shows that by late 2010 MATTHEW COOKE had also created an online business model of "reputation racketeering" in which his online property RipOffRant.com, a website, which operated the same as RIPOFF REPORT, was used to create defamatory reports about individuals and businesses alike. Victims of online defamation would then be solicited via one of MATTHEW COOKE's (or one of his affiliate partner's) reputation management companies, proffering removal services. This business model is identical to the organization disclosed by the investigation and prosecution by California State Attorney Kamala Harris of REVENGE PORN website operator KEVIN CHRISTOPHER BOLLAERT. Evidence disclosed to the public indicates KEVIN BOLLAERT was earning tens of thousands of dollars per month by simultaneously operating dual websites. One website posted nude pictures of female victims while the other (ChangeMyReputation.com) would solicit these same victims for the removal of the offending pictures. Many of the offending images were obtained by hacking the victims email accounts and cell phones. http://www.omaha.com/news/nation/alleged-revenge-porn-site-operator-heads-to- trial/article_0d36d51 c-eb6d-5bb0-884d-2b69beaab109.html DARREN MEADE also said the following in this RIPOFF REPORT complaint (No. 839253): When I told [ADAM ZUCKERMAN] I would not be involved, I was offered a six-figure bribe and an equity stake in the venture. I chose option B, tendering my resignation. Shortly thereafter, I received an audio recording wherein [ADAM ZUCKERMAN] and Rexxfield operatives describe in great detail the effects a .50 caliber bullet will have on my 28
  • 29. brain should I ever go public with this information. I suppose it's mildly amusing audio if you can ignore the fact that it's coming from someone with a history of criminal violence THIS IS A CALL FOR HELP. I am literally putting my life on the line to expose not just another Internet scam, but a threat against the very fabric of our society: The right to speak the truth and be heard. I only hope someone hears me before it's too late. On February 21, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE told her that Michael Roberts and his children left the United States using fraudulent passports. ANNA RICHTER stated TRACEY RICHTER and Michael Roberts' son, N.R., is still in the United States because Michael Roberts' wife, Dr. Heidi Roberts (aka Heidi Forsbacka) hated N.R. ANNA RICHTER stated she was going to give TRACEY RICHTER's fiance, RUSSELL SCHERTZ, information about Michael Roberts and TRACEY RICHTER and Michael Roberts' children, N.R. and M.R. On February 21, 2012, TRACEY RICHTER directed her mother to get orders from the U.S. State Department and Immigrations and Customs Enforcement (ICE) to get a "printout" of all Michael Roberts' wife's and children's flight activities and then get their credit information to track their spending to locate Michael Roberts. The two discussed filing kidnaping charges against Michael Roberts and his wife, Dr. Heidi Roberts. TRACEY RICHTER said they needed to obtain a court order to give to the Australian Consulate in Chicago, Illinois, and any other information that would allow them to find N.R., M.R., and Michael Roberts. TRACEY RICHTER said she believed Michael Roberts was fraudulently receiving welfare- type benefits for himself and their children from the Australian government and that they could get the Australian government to "go after" Michael Roberts. ANNA RICHTER said that JOHN RICHTER told her that he believed the same about Michael Roberts receiving welfare benefits. TRACEY RICHTER gave ANNA RICHTER a list of information they needed to obtain on / about N.R. and M.R. TRACEY RICHTER said they needed to get Michael Roberts' wife's travel records from ICE because Michael Roberts may have changed his name, but that Heidi Forsbacka (aka Dr. Heidi Roberts) may not have. ANNA RICHTER said DARREN MEADE also asked her to get information about Michael Roberts' wife, Dr. Heidi Forsbacka (aka Dr. Heidi Roberts). TRACEY RICHTER stated that ICE would not give this information without a court order. TRACEY RICHTER said they needed to obtain a court order directing Michael Roberts to return to the U.S. with the children within forty-eight hours, and if he had them in Australia, it would be impossible for him to comply with the Court's order, which would allow them to have an amber alert issued and have Michael Roberts held in contempt of court. ANNA RICHTER stated that Michael Roberts is scared because he knows he is going to be arrested and that Michael Roberts probably gave the children to his wife, Dr. Heidi Forsbacka (aka Dr. Heidi Roberts), believing he was going to be arrested. ANNA RICHTER said she recently sent an e-mail to TRACEY 29
  • 30. RICHTER's fiance, RUSSELL SCHERTZ, concerning the foregoing. TRACEY RICHTER said she make an affidavit that she did not give Michael Roberts permission to take the kids out of the country and, "if [she had] to," she would swear that Michael Roberts once threatened to take the children to Thailand. TRACEY RICHTER said they needed to put up a website about Michael Roberts's wife, Dr. Heidi Forsbacka (Dr. Heidi Roberts), M.R., and N.R., to help find the children. ANNA RICHTER said she would get DONNA BISTRICAN to help her create this website. On February 23, 2012, TRACEY RICHTER gave her passwords to her two computers to ANNA RICHTER. TRACEY RICHTER indicated one of her computers was at her fiance, RUSSELL SCHERTZ's home, and the other was in ANNA RICHTER's possession. TRACEY RICHTER told ANNA RICHTER to search the computer for files labeled "Passport" and "Michael Ross Roberts." TRACEY RICHTER indicated that the latter contained all of Michael Roberts' personal information ANNA RICHTER said she told RUSSELL SCHERTZ she would get him this information. TRACEY RICHTER said RUSSELL SCHERTZ had checked to see if her and Michael Roberts' children, N.R. and M.R, had passports by using their social security numbers and birthdates. ANNA RICHTER said JOHN RICHTER told her that Michael Roberts obtained fraudulent passports for their children TRACEY RICHTER said RUSSELL SCHERTZ and / or John Richter was / were in the process of getting more information from the U.S. State Department and that she wanted them to get the "guy from the State Department" on the phone. ANNA RICHTER said she believed a warrant for Michael Roberts' arrest should be issued immediately for "falsifying legal paperwork." TRACEY RICHTER said the guy at the U.S. State Department is ready to issue an arrest warrant for Michael Roberts. TRACEY RICHTER said RUSSELL SCHERTZ gave photographs of N.R. and M.R. to the "guy" at the U.S. State Department for comparison. TRACEY RICHTER said Michael Roberts could have changed their appearances. On February 26, 2012, ANNA RICHTER asked TRACEY RICHTER whether RUSSELL S C H E R T Z talked to T R A C E Y R I C H T E R about her children. A N N A RICHTER said J O H N RICHTER told her (ANNA RICHTER) that "people" who knew Michael Roberts believed he was still in the U.S., but that DARREN MEADE believed TRACEY RICHTER and Michael Roberts' daughter, M.R., was no longer in the U.S. ANNA RICHTER said JOHN RICHTER was going to obtain information concerning Michael Roberts' travels with his children, N.R. and M.R. ANNA RICHTER said someone authorized to access this information was going to give it to JOHN RICHTER. TRACEY RICHTER said it was clear Michael Roberts did not have his car registered in his name otherwise they would have found it. TRACEY RICHTER told ANNA RICHTER to have DARREN MEADE include in his affidavit that he heard through "the grapevine" that M.R. was not in the U.S. ANNA RICHTER said they 30
  • 31. should soon learn whether M.R. was still in the U.S. because JOHN RICHTER was going to use his source to find out whether the kids had traveled. ANNA RICHTER said JOHN RICHTER can lawfully access certain government databases to see whether passports have issued for N.R. and M.R., and whether the children had left the U.S. ANNA RICHTER said JOHN RICHTER could lose his job if he did certain searches, but that the searches he would be conducting were legal. ANNA RICHTER stated that they have done these searches before on "someone" to see if that person has traveled out of the country. On March 2, 2012, pursuant to a subpoena, S C A Smith provided an affidavit in Michael Roberts and TRACEY RICHTER's custody modification proceedings, which supported Michael Roberts. Later that day, John Richter sent an affidavit to RUSSELL SCHERTZ's place of business, ConAgra Foods in Omaha, Nebraska, and RUSSELL SCHERTZ forwarded the same to TRACEY RICHTER's attorney. In this his affidavit, JOHN RICHTER referenced a criminal complaint that alleged Michael Roberts had called him on October 29, 2011, and threatened to shoot and kill John Richter with a sniper rifle. Also in his affidavit, John Richter accused your applicant, SCA Smith, of committing a number of crimes, including obstructing his police department's investigation into the alleged death made by Michael Roberts. Your applicant believes JOHN RICHTER fabricated this complaint against Michael Roberts to access information that would not otherwise be available to JOHN RICHTER absent a bona fide criminal investigation. LOCATING MICHAEL ROBERTS, N.R., AND M.R. As discussed earlier, immediately following TRACEY RICHTER's arrest, Michael Roberts took custody of their children, N.R. and M.R., and moved to California where he was enrolled in the State of California's victim protection program. Save for a few monitored calls he allowed TRACEY RICHTER to have with their children, Michael Roberts did not allow her and her family to have any contact with his children, or know their current whereabouts. On August 6, 2011, TRACEY RICHTER told ANNA RICHTER, that TRACEY RICHTER's son, N.R., who was three years old when TRACEY RICHTER murdered Dustin Wehde, "[remembered] some things about the attack" and, therefore, needed to be added as witness in her criminal case. TRACEY RICHTER told her mother that her criminal defense attorney was attempting to find a lawyer to get an order prohibiting Michael Roberts from 31
  • 32. leaving the United States with N.R. and M.R. On August 9, 2011, after TRACEY RICHTER's bond review hearing, TRACEY RICHTER's criminal defense attorney asked SCA Smith for Michael Roberts' address because they were trying to find TRACEY RICHTER's children. This attorney also told SCA Smith that they warned the U.S. State Department that Michael Roberts may be attempting to get U.S. passports for N.R. and M.R. so he could take them out ofthe United States. On August 20, 2011, TRACEY RICHTER told ANNA RICHTER that they checked an address that they believed was Michael Roberts' primary residence. TRACEY RICHTER stated that her brother, John Richter, a police detective in another state, had talked on the phone with TRACEY RICHTER's criminal defense attorney(s) for three hours. On August 25, 2011, TRACEY RICHTER's fiance, RUSSELL SCHERTZ, told TRACEY RICHTER that he was thinking about filing kidnapping charges against Michael Roberts. On August 26, 2011, RUSSELL SCHERTZ read TRACEY RICHTER the contents of an online article concerning Michael Roberts and DARREN MEADE. TRACEY RICHTER told RUSSELL SCHERTZ to contact the author of the article, who was / is believed to be DARREN MEADE, using a "disposable e-mail." RUSSELL SCHERTZ and TRACEY RICHTER discussed a list RUSSELL SCHERTZ had of past physical addresses for Michael Roberts, which TRACEY RICHTER had compiled over the years. On August 28, 2011, TRACEY RICHTER told RUSSELL SCHERTZ he needed to find a way to have N.R. be made a witness in her murder case so that Michael Roberts would have to bring him back to the area. On September 4, 2011, TRACEY RICHTER told ANNA RICHTER, that "this DARREN MEADE "[knew something about Michael Roberts]." On September 7, 2011, TRACEY RICHTER's defense attorney's notified your applicant that they intended to call TRACEY RICHTER's son, N.R., as a witness in TRACEY RICHTER's murder trial. On September 9, 2011, RUSSELL SCHERTZ told TRACEY RICHTER that they are trying to find Michael Roberts' IP addresses and other information in effort to locate him and his children. Later in this conversation, RUSSELL SCHERTZ and TRACEY RICHTER conspired to sneak a television producer into TRACEY RICHTER's criminal depositions as TRACEY RICHTER's "third attorney." On October 4, 2011, one of TRACEY RICHTER's criminal defense attorney's asked SCA Smith for Michael Roberts' address so they could serve him with a subpoena to testify in TRACEY RICHTER's criminal case. SCA Smith told this criminal defense attorney that 32
  • 33. "[p]ersonal service of any out-of-state subpoena for Michael Roberts can be made by serving [his Iowa attorney]...at the below address." On September 16, 2011, TRACEY RICHTER received a document sent to her by ANNA RICHTER, which concerned Michael Roberts and DARREN MEADE's business association. ANNA RICHTER told TRACEY RICHTER she found the document on the internet. The document was a letter DARREN MEADE sent to the US DOJ on or around July 22, 2011, wherein DARREN MEADE told the US DOJ that Michael Roberts was ADAM ZUCKERMAN's victim. On September 19, 2011, ANNA RICHTER told TRACEY RICHTER that her son, JOHN RICHTER, had given her documents concerning Michael Roberts. ANNA RICHTER said she planned to have JOHN RICHTER, a police detective in another state, look up personal information about Michael Roberts and his associates. On October 24, 2011, TRACEY RICHTER's murder trial began. On October 28, 2011, about a week before the jury convicted TRACEY RICHTER of first degree murder, JOHN RICHTER sent the following Facebook message to his nephew, TRACEY RICHTER and Michael Roberts' son, N.R.: Me, [TRACEY RICHTER], [TRACEY RICHTER's sister], [ANNA RICHTER] and [RUSSELL SCHERTZ] luve [sic] you guys very much, you should be home soon. Tell [M.R.] I luve [sic] her to [sic]." JOHN RICHTER went on to ask N.R. "where [sic] you guys living now? On October 29, 2011, five days into TRACEY RICHTER's murder trial, JOHN RICHTER alleged Michael Roberts called him at his police precinct that day and threatened his life. The following is an excerpt from JOHN RICHTER's report concerning this alleged incident: SAID VICTIM (DET. [JOHN RICHTER], #20768) WENT TO THE 002ND DIST. DESK TO REPORT A TELEPHONE THREAT WITH SAID OFFENDER (ROBERTS, MICHAEL). VICTIM RELATED THAT SAID OFFENDER CALLED HIS PLACE OF EMPLOYMENT ["*] AND STATED "YOU BETTER SHUT YOUR MOUTH ABOUT ME" WHEN THE VICTIM ASKED THE OFFENDER TO REPEAT HIMSELF, THE OFFENDER STATED "KEEP IT UP, AND KEEP IN MIND THAT I HAVE A VERY GOOD RIFLE SHOT." VICTIM THEN ASKED OFFENDER IF HE WAS THREATENING HIM AND OFFENDER THEN STARTED SCREAMING RELIGIOUS REFERENCE ABOUT REVENGE. THE PHONE CALL WAS THEN DISCONNECTED AFTER MID SENTENCE. VICTIM RELATED THAT HE HAS TAKEN SAID OFFENDER'S STATEMENT AS A DIRECT THREAT TO KILL HIM. THE VICTIM IMMEDIATELY NOTIFIED HIS [SUPERVISING SGT] [OF THE INCIDENT AND FURTHER INFORMED SGT. [SUPERVISING SGT] THAT SAID OFFENDER HAS A PREVIOUS DOM. BATTERY CONVICTION AND IS NOT AUTHORIZED TO BE IN POSSESSION OF ANY FIREARMS. [SUPERVISING SGT INFORMED] VICTIM TO 33
  • 34. REPORT INCIDENT TO THE 002ND DIST. DESK. VICTIM GIVEN REPORT FOR INCIDENT AND ADVISED ON [WRITj/ORDER OF PROTECTION PROCEDURES. On November 7, 2011, TRACEY RICHTER was convicted of murder. TRACEY RICHTER's criminal defense attorneys neither subpoenaed Michael Roberts or called N.R. as witness. To believe John Richter here, you have to believe that Michael Roberts, on the precipice of getting full custody of his children and finally being vindicated for any involvement in Dustin Wehde's murder, after not speaking to JOHN RICHTER in more than a decade, while in hiding, called JOHN RICHTER at his police precinct while JOHN RICHTER was on duty, made the same death threat (sniper rifle) he allegedly made to DARREN MEADE in 2010, (according to DARREN MEADE's second or third version of this supposed incident). On.April 24, 2012, DARREN MEADE, in an e-mail to SCA Smith, knowingly provided false information to SCA Smith to help TRACEY RICHTER get a new criminal trial and aid her in her upcoming custody hearing. DARREN MEADE used the following e-mail address to communicate with SCA Smith: dmeade@kairos-meade.com. DARREN MEADE also told SCA Smith the following: • He (DARREN MEADE) had information that TRACEY RICHTER's second ex- husband, Michael Roberts, was responsible for Dustin Wehde's murder and that he provided this information to law enforcement in Iowa in December 2010 and January 2011. • Michael Roberts, not DARREN MEADE, partnered with ADAM ZUCKERMAN and his criminal organization. In support of this, DARREN MEADE provided links to his RIPOFF REPORT complaints about Michael Roberts. • Michael Roberts had threatened to kill DARREN MEADE: "[Michael Roberts] let me know that he owns a sniper rifle [sic] that he uses .50 caliber bullets 'and that he is a very good shot.'" • He (DARREN MEADE) was aware SCA Smith already provided testimony favorable to Michael Roberts in Michael Roberts and TRACEY RICHTER's custody proceedings in Buena Vista County, and, at the upcoming custody hearing, SCA Smith needed to change his testimony and support TRACEY 34
  • 35. RICHTER'S bid to have custody of N.R. and M.R. transferred to TRACEY ' RICHTER's mother, ANNA RICHTER. In the above-mentioned e-mail, DARREN MEADE provided SCA Smith with a link to DARREN MEADE's Dropbox account, which account was linked to dmeade@kairos- meade.com]. [kairos-meade is business entity solely owned and operated by DARREN MEADE. The web domain for kairos-meade.com is serviced by GoDaddy] DARREN MEADE sent blind copies of his e-mails to SCA Smith to ANNA RICHTER (anria_richter2003@yahoo.com) and TRACEY RICHTER's fiance, RUSSELL SCHERTZ (rschertz@cox.net). Also on or around this same day (April 24, 2012), DARREN MEADE sent a barrage of like-e-mails to more than ten news media outlets, including the Des Moines Register. DARREN MEADE's phone records, which were obtained by S C A Smith shortly after DARREN MEADE contacted S C A Smith on April 24, 2012, revealed extensive communications between DARREN MEADE and TRACEY RICHTER's friends and family. On April 25, 2012, in a letter to Sac County Sheriff Ken McClure, RUSSELL SCHERTZ wrote, "a man from California called [Sheriff McClure's Office] at least three (3) times in early 2011 [sic] and left messages saying that he had information about [Michael Roberts] being involved in a murder plot..." but [Sheriff McClure] failed to follow up with this "man from California." Of course the "man from California" to whom RUSSELL SCHERTZ is referring is DARREN MEADE. Also in this letter, RUSSELL SCHERTZ alleged the law enforcement entities that investigated and prosecuted his fiance, TRACEY RICHTER, were corrupt and / or incompetent, including the Douglas County Sheriffs Office (Omaha, Nebraska). Many ofthe same allegations and conspiracies alleged by RUSSELL SCHERTZ in this letter appeared later in DARREN MEADE's RIPOFF REPORT complaints concerning TRACEY RICHTER and the State's witnesses. RUSSELL SCHERTZ sent copies of this letter to over fifty people, including local and national media correspondents and U.S. Senators. What is most troubling about the allegations RUSSELL SCHERTZ made in this letter is that before his fiance was convicted for murder, RUSSELL SCHERTZ and TRACEY RICHTER were using Michael Roberts' then-amicable relationship with DARREN MEADE against him (Michael Roberts) in their custody proceedings. Additionally, on August 6, 2011, RUSSELL SCHERTZ called DARREN MEADE "CRAZY." On August 29, 2011, RUSSELL SCHERTZ told TRACEY RICHTER that DARREN MEADE was an "UNSTABLE CHARACTER." On April 26, 2012, ANNA RICHTER sent an e-mail from her account [anna_richter2003@yahoo.com] to a local newspaper journalist, which asked the reporter to look at the RIPOFF REPORT story published by DARREN MEADE and added "[fjhere is no 35
  • 36. doubt in my mind that some of the [members of the jury who convicted her daughter, TRACEY RICHTER, of murder] read the paper and internet that weekend and [TRACEY RICHTER's second ex-husband] made sure they were filled with his lies." On May 16, 2012, pursuant to a subpoena, SCA Smith gave testimony favorable to Michael Roberts in TRACEY RICHTER and Michael Roberts' custody proceedings. Prior to the hearing, TRACEY RICHTER asked the Court to transfer custody of their children to their maternal grandmother, ANNA RICHTER. Among other things, SCA Smith testified he beiieved ANNA RICHTER and TRACEY RICHTER conspired and attempted to solicit fraudulent testimony from convicted child molester Jim Landa to get TRACEY RICHTER a new murder trial and that TRACEY RICHTER had sent Jim Landa a picture of children knowing he was a convicted child molester. SCA Smith testified about the e-mails DARREN MEADE had sent him on April 24, 2012. SCA Smith testified DARREN MEADE's phone records proved he and ANNA RICHTER had been communicating and that other evidence obtained by law enforcement proved that Michael Roberts and DARREN MEADE had an amicable relationship up until around October 24, 2011, when Michael Roberts refused to give DARREN MEADE money. SCA Smith testified that he believed that TRACEY RICHTER and / or ANNA RICHTER had DARREN MEADE manufacture false evidence against Michael Roberts to use against him in the custody proceedings and to get TRACEY RICHTER a new murder trial, much the same way the two tried to with convicted child molester Jim Landa. On May 17, 2012, DARREN MEADE sent the following in an e-mail to SCA Smith: Being that I have no legal background, nor the ability to retain legal counsel, the testimony requested would be for the grand jury and the only way you would be willing to investigate the witness intimidation and alleged jury tampering [by Michael Roberts]? In regards to my ' outreach and phone calls to the tipline for the Dustin Wehde, I did not keep the telephone number. I left a voice mail and another time I believe I spoke to someone, it was a female. I did share my concerns about Michael Roberts. This would be to the best of my recollection December 2010 to January/February 2011. Mr. Smith, I am now terrified that it seems you have discussed my e-mails with Michael Roberts the person who has conspired to have me killed, attempted extortion and threatened me with arrest if I stepped forward with what I know. The appearance of the e-mails seems to indicate you spoke with Michael Roberts before even responding to myself. Forgive the accusation but it sincerely causes me hesitancy going forward for both an honest investigation and that my life may now be truly in- danger. On May 17, 2012, at 12:00 p.m. CST, SCA Smith told the following in an e-mail to DARREN MEADE: I can have a court reporter lined up for depositions anytime in the afternoon next week. Please tell me when you will be available (via Skype) to provide regarding the 36
  • 37. matters issues you have raised in your previous emails to me. On May 17, 2012, at 4:27 p.m., SCA Smith replied to DARREN MEADE: Yes, this matter was discussed with Michael Roberts. Let's be clear, I do not care about Michael Roberts, his ability to hack or whatever matters or dealings you guys have that do not relate to the investigation of crimes occurring in Sac County or over which Sac County would otherwise have jurisdiction. I do not care about Rexxfield or whatever business matters or dealings you and Michael Roberts shared. My question regarding the document I attached in the previous email required a simple yes or no; they either are yours or they are not. So, I would appreciate an answer to that question. Another matter that troubles me is your willingness to provide me, via email, all sorts of information and make very serious accusations about Michael Roberts; but yet you are unwilling to swear to the same under penalty of perjury. This causes me concern. There are some issues that concern me greatly regarding statements you have made, the following just being a few: neither the Sac County Sheriff nor the Sac City Police Department have a "tipline." Further, there is no record of anyone calling either one of the two aforementioned law enforcement entities (at their regular phone lines) from 2008 forward with information even remotely similar to that which you stated you previously provided. The Iowa Division of Criminal Investigation (DCI) has also told me they have no record of the same. Can you see how this is troubling? I know you have been in contact / had communication (via phone) with ANNA RICHTER. I also have a statement provided to me by a former associate of yours that indicates you told said associate that ANNA RICHTER had told you she (ANNA RICHTER) was working to get a new trial for her daughter, TRACEY RICHTER. Can you see how this is troubling? Even more troubling is the timing of your communications with me and your reference to the pending custodial matters in Buena Vista County. I also know that before you called my ioffice on April 12, 2012, you called a television news organization out of Sioux City. Again, this concerns me. You stated you believe your life to be in danger, so I am assuming you have made law enforcement in your area aware of such. Please provide me with the names of all such law enforcement entities to which you have made aware of said danger and your point(s) of contact for the same [to which you have reported these threats]. If you have not yet made such a complaint, then I suggest you [hang up the phone], dial 911, and [immediately report this threat to law enforcement]. You have leveled some very serious charges. As you can see from the above, we do take these matters seriously and will continue to investigate them accordingly. Please provide me with answers to all the above questions and please provide me with a yes or no as to whether you are going to make yourself available for a grand jury investigation. On May 17, 2012, 5:35 p.m. CDT, in response to S C A Smith's above-mentioned request, DARREN MEADE wrote SCA Smith the following: "In regards to your request I am i 37
  • 38. resubmitting my previous emails under the penalty of perjury. I trust this will do until we can get another agency to Investigate matters since you refuse too [sic] and seem very hostile from your other email." Interestingly, your applicant is not the first law enforcement official who DARREN MEADE accused of being hostile after calling DARREN MEADE out on his lies. In his aforementioned declaration, which was filed in a federal court on November 21, 2011, DARREN MEADE stated that during a phone call he had with an FBI SA on September 8, 2011, "During the call [the FBI SA] was hostile and accusatory towards me. He called me a liar on facts that he clearly had wrong." The e-mail referenced immediately above was the last communication SCA Smith has had with DARREN MEADE. On June 2, 2012, BERT PITMAN told TRACEY RICHTER he planned to give the Virginia Gazette information about Dr. John Pitman and his association with strippers. TRACEY RICHTER told BERT PITMAN to reach out to Dr. John Pitman's ex-girlfriend, Allisan Tucker. TRACEY RICHTER told BERT PITMAN to talk to a former co-worker of Dr. John Pitman to get dirt on [Dr. John Pitman]. TRACEY RICHTER said Dr. John Pitman associates with strippers and hookers. BERT PITMAN said the person who told BERT PITMAN personal, confidential information about one of Dr. John Pitman's patients, which information could be used against Dr. John Pitman, no longer worked for Dr. John Pitman. TRACEY RICHTER instructed BERT PITMAN to "reach out" to this person. BERT PITMAN said he planned to do this. On July 10, 2012, after learning Dr. Scott Connelly had produced DARREN MEADE's deposition pursuant to SCA Smith's investigatory subpoena, DARREN MEADE, in a series of e-mails, begged Dr. Scott Connelly to "pull back" the lawfully subpoenaed deposition from SCA Smith and advise SCA Smith that the deposition transcripts contained numerous inaccuracies. DARREN MEADE asked Dr. Scott Connelly why Dr. Scott Connelly again released DARREN MEADE's deposition with DARREN MEADE's prior approval or knowledge. Following his refusal to contact SCA Smith and "pull back" DARREN MEADE's deposition, Dr. Scott Connelly was defamed on RIPOFF REPORT by an anonymous author. On June 17, 2012, TRACEY RICHTER told ANNA RICHTER they had the ability to get the IP addresses of the people who published "complaints" on RIPOFF REPORT. ANNA RICHTER told TRACEY RICHTER that she was certain the person who put the information on RIPOFF REPORT about Michael Roberts was one of TRACEY RICHTER's friends. TRACEY RICHTER said one of the persons responsible for publishing the RIPOFF REPORT "complaints" about Michael Roberts was the owner of RIPOFF REPORT. TRACEY RICHTER then told her mother to stop talking about this matter over the phone. 38
  • 39. On June 29, 2012, DARREN MEADE called MATTHEW COOKE and the two spoke for close to ten minutes. This is the same MATTHEW COOKE who DARREN MEADE and ADAM ZUCKERMAN partnered with to monetize the aforementioned illicit SQL code by using it to remove RIPOFF REPORT complaints for profit ($5,000 per complaint removed). This is the same MATTHEW COOKE who DARREN MEADE told ED MAGEDSON and the FBI was responsible for deploying the illicit SQL hack into RIPOFF REPORT'S servers. On August 18, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE wanted information about Michael Roberts' business. ANNA RICHTER said DARREN asked her a number of questions. TRACEY RICHTER told ANNA RICHTER that DARREN MEADE needed to look up certain information about Michael Roberts. ANNA RICHTER asked TRACEY RICHTER a number of questions about Michael Roberts' business. ANNA RICHTER said these questions had come directly from DARREN MEADE. TRACEY RICHTER had ANNA RICHTER write some things down on a piece of paper to give to DARREN MEADE. ANNA RICHTER said DARREN MEADE told her that State's witness Raymond Friedman disgusted him. ANNA RICHTER said DARREN MEADE wanted to know where he could get a copy of the picture of Michael Roberts that TRACEY RICHTER published on the website deadbeatdad.org. ANNA RICHTER said DARREN MEADE said Michael Roberts looked crazy in that picture and DARREN MEADE planned to publish the picture in one of his upcoming RIPOFF REPORT complaints about State's witness Michael Roberts. ANNA RICHTER said DARREN MEADE had some really bad pictures of State's witness Mary Higgins that he also planned to publish on RIPOFF REPORT. ANNA RICHTER said DARREN MEADE told her that his publishing uncomplimentary pictures of the witnesses on RIPOFF REPORT was "childish and immature, but he [was] doing it anyway." ANNA RICHTER said DARREN MEADE said there was an unbelievable amount of lying and corruption involved in TRACEY RICHTER's criminal trial. TRACEY RICHTER directed ANNA RICHTER to have DARREN MEADE somehow obtain Michael Roberts' tax returns. ANNA RICHTER said she had already given DARREN MEADE a great deal of information about Michael Roberts. ANNA RICHTER said DARREN MEADE told her State's witnesses Michael Roberts and Raymond Friedman engaged in shady / crooked business practices around the time TRACEY RICHTER murdered Dustin Wehde. On August 20, 2012, TRACEY RICHTER asked ANNA RICHTER whether RUSSELL SCHERTZ was able to find computer files related to Michael Roberts' business. TRACEY RICHTER asked which of her computers ANNA RICHTER had in her possession. ANNA RICHTER said she had the silver computer. ANNA RICHTER said she just spoke with DARREN MEADE over the phone for one and a half hours. ANNA RICHTER said DARREN MEADE was getting more information and had asked ANNA RICHTER some questions. ANNA RICHTER said she had to get answers to these questions from TRACEY RICHTER's 39
  • 40. fiance, RUSSELL SCHERTZ. ANNA RICHTER said she did not want to discuss these questions over the phone. TRACEY RICHTER asked ANNA RICHTER if she found the "master file" on TRACEY RICHTER's computer. ANNA RICHTER said RUSSELL SCHERTZ took those (computers or files) to his residence in Omaha, Nebraska, because RUSSELL SCHERTZ knew better than ANNA RICHTER about such things. ANNA RICHTER said DARREN MEADE wanted information / documents proving TRACEY RICHTER had her name legally changed from TRACEY RICHTER to SOPHIA CORRINA THERESA BARONIN VON RICHTERHAUSEN EDWARDS. ANNA RICHTER said she told DARREN MEADE that TRACEY RICHTER's name change was real because ANNA RICHTER helped TRACEY RICHTER get copies of the document used to obtain her legal name change. S O P H I E C O R R I N A T E R E S E B A R O N I N V O N R I C H T E R H A U S E N E D W A R D S On March 11, 2009, Deputies of the Douglas County Sheriffs Office (DCSO) (Omaha, Nebraska) were dispatched to TRACEY RICHTER's apartment / residence in Omaha, Nebraska, to meet TRACEY RICHTER. When the DCSO Deputies arrived, TRACEY RICHTER identified herself as TRACEY RICHTER. TRACEY RICHTER reported that she believed her second ex-husband, Michael Roberts, had accessed the interior of her car and planted photographs of Dustin Wehde's dead body in effort to harass her. The DCSO later concluded Michael Roberts did not break into her car, and that TRACEY RICHTER made this false report in hopes to use it against Michael Roberts in some upcoming civil custody / child support proceeding. On April 4, 2009, furious at the DCSO Detective who refused to believe her, TRACEY RICHTER sent the following message to Iowa Division of Criminal Investigation (DCI) Special Agent (SA) Trent Vileta: One day [Michael Roberts] is going to hurt someone. When he does, I will have the joy of sitting back and saying 'I told you so.' At this point, even if it is me, it will be worth having his true character exposed. I just pray he never hurts our children. Wouldn't it be lovely if [Michael Roberts] hurt that asshole's (Douglas County Detective) kids? Fantasizing about that kind of stuff is about the only thing that gets me through moments like these. Later that same day, TRACEY RICHTER sent another e-mail to DCI SA Vileta, which stated that this Douglas County Detective "had just made the list." Fearing TRACEY RICHTER was planning to hurt this detective's children and frame 40
  • 41. Michael Roberts for it, law enforcement began looking into TRACEY RICHTER's background. On or around April 22, 2009, law enforcement learned that on February 19, 2008, TRACEY RICHTER went to the Iowa Drivers License Station in Spencer, Clay County, Iowa, for a name change on her Iowa Drivers License. The Iowa Department of Transportation (DOT) agent said TRACEY RICHTER signed an Iowa DOT form for a name change to SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS, and that TRACEY RICHTER provided the Iowa DOT with a copy of a court document filed in Buena Vista County District Court Case No. CDCD002755, a passport, and social security in the name "SOPHIE C. EDWARDS" as justification for the name change on her Iowa Drivers License. Law enforcement next learned that on January 17, 2009, the U.S. State Department issued U.S. Passport No. #####0483 to SOPHIE EDWARDS. Law enforcement learned that TRACEY RICHTER provided a social security number for SOPHIE EDWARDS as well as 1 an affidavit signed and notarized by her ex-sister-in-law, "LISA Roberts (Michael Roberts's sister)" in regards to TRACEY RICHTER's name change on her U.S. Passport to SOPHIE EDWARDS. The U.S. State Department advised that SOPHIE EDWARDS' last entry of travel was February 2009, U.S. Passport #####0483, and that her destination of travel was Los Cabos, Mexico. On ApnT 17, 2009, law enforcement telephoned LEISA Devine (NOT LISA as the name was spelled on TRACEY RICHTER's / Sophie Edwards' U.S. Passport change of name form) (formerly Leisa Roberts) to determine whether or not she filed an affidavit in regards to TRACEY RICHTER changing the name of her U.S. Passport to SOPHIE EDWARDS. Previously, Michael ROBERTS informed law enforcement he had one sister, Leisa, who would be TRACEY RICHTER's ex-sister-in-law. Michael Roberts stated that Leisa Devine last visited the United States around 1999. Law enforcement learned that the U.S. Passport Affidavit Regarding Change of Name, purportedly signed by "LISA Roberts," was executed at Boys Town, Omaha, Nebraska, was reviewed and signed by a State of Nebraska Notary on January 17, 2009. The address provided by "Lisa Roberts" was 1851 N. 115t h Plaza No. 3108, which was identified by law enforcement as being TRACEY RICHTER's residence at the time. Leisa Devine told law enforcement she last traveled to the United States in September 2000, for a three-week visit. Leisa Devine told law enforcement that she never signed and swore to an official document or affidavit on behalf of TRACEY RICHTER regarding a name change or for any reason. Therefore, she said that she never signed off on an affidavit regarding a name change of TRACEY RICHTER to SOPHIE EDWARDS. Leisa Devine told law enforcement she did not get along well with TRACEY RICHTER. Leisa Devine said that around 2003, TRACEY RICHTER and TRACEY RICHTER's mother, 41
  • 42. ANNA RICHTER, attempted to reach Leisa Devine at her place of employment via e-mail. Since TRACEY RICHTER and her mother, ANNA RICHTER, were not speaking fondly of her brother, Michael Roberts, she said that she requested her place of employment to block all future incoming e-mails from TRACEY RICHTER and TRACEY RICHTER's mother, ANNA RICHTER. On April 21, 2009, in a custody proceeding in Buena Vista County, Iowa, District Court Case No. CDCD002755, when cross-examined by her ex-husband, Michael Roberts, TRACEY RICHTER testified she had legally changed her name to SOPHIE EDWARDS, but she did not know whether or not her "legal" name change included a middle name. TRACEY RICHTER further testified she only used her new name, SOPHIE EDWARDS, for employment purposes, and that her vehicle was still registered in the name TRACEY RICHTER. When RICHTER was questioned as to whether or not she obtained a passport in her new name (SOPHIE EDWARDS), she responded, "No. I think my passport is still in my old name." When she was asked if she planned on getting a passport in her new name, RICHTER testified, "No." TRACEY RICHTER testified that her name change to SOPHIE EDWARDS was completed by filing an affidavit of name change, then providing the affidavit to the Iowa Department of Motor Vehicles to obtain a drivers license in her new name, SOPHIE EDWARDS. TRACEY RICHTER testified she did not file a petition for change of name in the State of Iowa with the Clerk of Court. She also admitted to the court in this proceeding that she did not have a Nebraska license, although she currently resided in Nebraska; instead, she admitted she currently had a valid Iowa driver's license utilizing the name SOPHIE EDWARDS. On May 7, 2009, law enforcement was told by the Social Security Administration (SSA) that on December 3, 2009, TRACEY RICHTER requested a name change of her social security card to the new name, SOPHIE C. EDWARDS, and that TRACEY RICHTER submitted a divorce decree filed in Buena Vista County District Court Case No. CDCD002755 and Iowa Drivers License No. #####3673 in the name of SOPHIE EDWARDS in order to obtain / justify a name change on her social security card. On' May 9, 2009, law enforcement learned that on or around November 21, 2008, for the purpose of obtaining financing for an automobile under the name SOPHIE EDWARDS, TRACEY RICHTER gave Lexus of Omaha a copy of what TRACEY RICHTER told Lexus of Omaha was a court order filed December 4, 2007, in Buena Vista County District Court Case No. CDCD002755, which, among other things, gave her the choice to RESUME using her MAIDEN NAME, SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS. The following is the decretal language contained in the court order TRACEY RICHTER provided Lexus of Omaha: 42 !
  • 43. it IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: (1) No further conciliation procedures shall be required in this action. (2) The marriage of Michael Ross Roberts and TRACEY RICHTER Roberts is hereby, dissolved, and the parties are restored to the same rights and privileges as unmarried persons. (3) The Respondent, TRACEY RICHTER Roberts (15 May 1966) may resume use of her maiden name SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS. (4) The Respondent is granted authority to obtain U.S. Passports for the minor children, [full name of minor child boy] (26 May 1998) and [full name of minor child girl] (13 FEB 2000) without the permission of the non-U.S. Citizen Petitioner who resides at an undisclosed address. (5) The Court retains jurisdiction to enter Findings of Fact, Conclusions of Law and Decree pertaining to all other issues in this case. On May 9, 2009, the Buena Vista County Clerk of District Court faxed law enforcement a certified copy of the only order entered in Case No. CDCD002755 on December 4, 2007. Said order was identical in all respects to the court order TRACEY RICHTER gave Lexus of Omaha, except the certified copy contained only the first, second, and fifth numbered paragraphs, numbered (1) (2), and (3), respectively, that were present in the copy ofthe decree TRACEY RICHTER gave Lexus of Omaha. The following is the how the decretal language contained in the certified copy ofthe Order appears: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: (1) No further conciliation procedures shall be required in this action. (2) The marriage of Michael Ross Roberts and TRACEY RICHTER Roberts is hereby, dissolved, and the parties are restored to the same rights and privileges as unmarried persons. (3) The Court retains jurisdiction to enter Findings of Fact, Conclusions of Law and Decree pertaining to all other issues in this case. On May 13, 2009, the Douglas County (Omaha, Nebraska) Sheriffs Office executed a search warrant at TRACEY RICHTER's apartment in Omaha, Nebraska. During the course of their search, inside a padlocked closet in TRACEY RICHTER's apartment, law enforcement found, among other things, the following items: a copy of the December 4, 2007, court order that was identical to the certified copy of the same sent to law enforcement by the Clerk of Court; a copy of the December 4, 2007, court order which was identical to that provided by Lexus of Omaha, which as noted above, contained two additional numbered paragraphs, which allowed TRACEY RICHTER to obtain passports for her children without their father's permission and resume using her maiden name, SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS; and a hybrid copy of the original order and a piece of paper containing the two additional paragraphs, cut, copied, and held together with Scotch Tape. Also found in TRACEY RICHTER's apartment was an unfiled, unsigned, yet completed Petition for Name change in the District Court of Douglas County, Nebraska, which, if filed 43
  • 44. with, and approved by the Court, would have legally changed TRACEY RICHTER's name to Heidi Joanna Forsbacka, which was / is the name of Michael Roberts' wife. TRACEY RICHTER, her mother, ANNA RICHTER, and her fiance, RUSSELL SCHERTZ, have accused law enforcement of planting the forged court decree, its scotched-taped precursor, and the certified copy of the original in the PADLOCKED closet in TRACEY RICHTER's Omaha apartment when they executed the search warrant. However, this does not explain why on July 27, 2010, in her felony perjury trial in Clay County, Iowa (Case No. FECR014399), TRACEY RICHTER stipulated on the record that these very same documents were found by law enforcement during its search of her apartment pursuant to the search warrant issued / executed on or about April 29, 2009. Furthermore, no one in TRACEY RICHTER's camp can provide a reasonable explanation as to why SOPHIE EDWARDS listed TRACEY RICHTER as a reference in a job application she submitted to a prospective employer on January 20, 2009. On May 18, 2009, TRACEY RICHTER wrote the following in another e-mail to DCI SA Vileta: Yes, they charged me with felony criminal impersonation. In their complaint they state that I bought the used Lexus under an assumed name, when in fact all the financing was in [the i name TRACEY RICHTER]. I think this is all about the complaints I made against [the ; Douglas County Sheriff's Office Detectives]. They talked about me forging a [document] to take the kids out ofthe country which is BS. I have [been] resisting them getting passports as late as this year. [Michael Roberts] took them to get passport photos whereas I filed passport alerts with both the Australian consulate and the US State Department. My philosophy was: no passport, no overseas travel in regard to our kids. Supposedly they found something in my house to support this passport claim. I would not put it past them trying to set me up. It should be easy enough to disprove. On May 27, 2009, TRACEY RICHTER was charged in Clay County, Iowa, with felony perjury for falsifying the DOT form. On July 27, 2010, she was convicted by a jury for the same crime. State v. Richter, Clay County District Court Case No. FECR014399 On June 9, 2009, TRACEY RICHTER was charged in Douglas County with criminal impersonation. On April 19, 2010, she pleaded no contest to felony welfare fraud. State v. Richter, Douglas County (Omaha, Nebraska) District Court Case No. CR 09 1318. After learning that law enforcement obtained the transcript of her testimony from April 21, 2009, TRACEY RICHTER, made form of threat to the court reporter who reported the proceedings, alleging the court reporter incorrectly reported the proceedings (assumedly, the part of her testimony where she lied about her SOPHIE EDWARDS passport). This threat caused the authorities in Buena Vista County to post flyers containing TRACEY 44
  • 45. RICHTER's Drivers License photograph and the following warning at the Courthouse's entrances: This photo is of [TRACEY RICHTER]. She has been arrested and released from Omaha, [Nebraska]. Due to the criminal charges that were filed against her in [Nebraska], she is extremely angry and upset not only with the authorities [in Nebraska] but also here in Buena Vista County. [TRACEY RICHTER] has made threats to an employee in the Clerk's Office as well as [the presiding Judge's] court reporter (who reported the proceedings, and generated a transcript of the same). All offices in the courthouse have been advised to watch for her, and if she enters the courthouse, they are to call immediately for law enforcement. [TRACEY RICHTER] is not banned from entering the courthouse at this time, however, law enforcement presence will be required anytime she is in the courthouse. On October 22, 2009, in her Response to Petitioner's Motion for Rule to Show Cause filed in Buena Vista County District Court No. CDCD002755, TRACEY RICHTER stated her name change was "done in an EU country where 'middle names' are not utilized" and that she did not select a middle name. TRACEY RICHTER further told the Court she did not have a passport issued under the name of SOPHIE EDWARDS and that her new Social Security number was issued to TRACEY RICHTER, not SOPHIE EDWARDS. TRACEY RICHTER also told the Court that she did not travel in February 2009. In June 2010, ANNA RICHTER wrote the following in a letter to then-Sac County Attorney Earl-Hardisty: After all of these crimes the only person being prosecuted is Tracey and she is the only one who has done nothing illegal. I am not going away until people are held accountable for their actions and that is including [the Douglas County Detective who investigated TRACEY RICHTER]. They tried to bring charges against her for using a fake name until it was proven she had a LEGAL name change. They supposedly found an altered court document in the search of Tracey's home. This document had her name change on it and permission to get the children passports. Needless to say [the Douglas County Detective who investigated TRACEY RICHTER] is the one who found it after another officer looked through that SAME FOLDER and didn't find it. First, why would she change a court document regarding her name when it was already changed legally? This is just one of many letter's I am sending out. I will not stop until Tracey's name is cleared and ALL charges are dropped and [Michael Roberts] and [the Douglas County Detective who investigated TRACEY RICHTER] are held responsible for their actions. I know first hand how corrupt the Douglas County Sheriff s Dept. is by what they have done to me. On July 28, 2010, ANNA RICHTER wrote the following in a letter to then-Sac County Attorney Earl Hardisty: 45
  • 46. il was with her when she went for her new Driver's license and I know for a fact it was not used. Also how could Tracey have committed perjury when the supervisor filled out the part of the form that Tracey left blank, after Tracey signed it????? You can tell it is a different ,handwriting and also they should have had Tracey initial it if there were changes made to it. Don't you agree? This whole thing is fishy to me and you would have to be awful naive or stupid not see what is going on. I also find it interesting that all of your so called witnesses [in the Dustin Wehde murder, then-suspicious death case] are proven to be nut cases. Following her arrest for murder, law enforcement seized, among many, many other things, two different name change documents TRACEY RICHTER had in a bag in her vehicle. The first document is titled: "Deed of Change of Name," which purports to be executed on the "4t h day of July 2006 ("July" and the number "4" are handwritten), and reads as follows: By SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS of 56, Gloucester Road, London in the County of Greater London now or lately known as Tracey Anne RICHTER a Commonwealth Citizen under section 37(1) of the British Nationality Act 1981, witnesses and it is hereby declared as follows: I absolutely and entirely renounce, relinquish and abandon the use of my said former name Tracey Anne Richter and assume, adopt and determine to take and use from the date hereof the name of SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS in substitution for my former name of Tracey Anne Richter. TRACEY RICHTER's (and SOPHIE EDWARDS') signatures on the purported "Deed of Change of Name" document mentioned above, is witnessed by TRACEY RICHTER's son, BERT PITMAN. The content ofthe second document is identical to the first, except its titled "UK Deed Poll Service, Deed of Change of Name (Deed Poll)" and purports to be executed "this 2 n d day of February in the year 2008 "2n d " ("February" and "2008" are handwritten. TRACEY RICHTER's (and SOPHIE EDWARDS') signatures on this document were also witnessed by BERT PITMAN. Sometime after she was arrested for murder, Scotland Yard (Metropolitan Police Headquarters in London, England) confirmed with law enforcement officials in Iowa that neither TRACEY RICHTER nor SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS were British / UK citizens. On; August 15, 2011, in her response to the State's resistance to Defendant's Motion to Reduce Bond, TRACEY RICHTER (aka SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS) admitted she did receive a new passport under the name of SOPHIE EDWARDS and did travel internationally using the same. On September 12, 2011, less than one month after she was arrested for first degree murder, and a little over a year after she had been convicted of felony fraud in Nebraska 46
  • 47. and felony perjury in Iowa, the U.S. Department of State filed a criminal complaint against TRACEY RICHTER for felony passport fraud (18 U.S.C. § 1542). Case No. 8:11MJ195 United States District Court for the District of Nebraska. This complaint was dismissed following her murder conviction and subsequent life sentence. As mentioned above, on or around September 9, 2012, DARREN MEADE published TRACEY RICHTER's second change of name document mentioned above, on RIPOFF REPORT; however, he conveniently cropped out the top quarter of the document where one usually finds some official government stamp, seal, or other marking that verifies a government form / legal document's authenticity. ANNA RICHTER has been vouching for the legality of TRACEY RICHTER's name change and has alleged to have witnessed TRACEY RICHTER NOT using / producing certain documents to facilitate this name change. As mentioned above, ANNA RICHTER was with TRACEY RICHTER when she went to the Iowa Department of Transportation (DOT) and witnessed her NOT produce the forged decree. ANNA RICHTER also was with TRACEY RICHTER when she went to buy the Lexus under the name SOPHIE EDWARDS and ANNA RICHTER witnessed her NOT produce the forged decree to the dealership to obtain credit in under the name SOPHIE EDWARDS. On August 25, 2012, TRACEY RICHTER told ANNA RICHTER that RUSSELL SCHERTZ was late getting to the prison to visit her because he had been giving documents to DARREN MEADE. TRACEY RICHTER told ANNA RICHTER that RUSSELL SCHERTZ had previously stated he planned to send documents to DARREN MEADE. On August 29, 2012, ANNA RICHTER told TRACEY RICHTER she had been on the internet looking at information RUSSELL SCHERTZ sent her. TRACEY RICHTER asked whether RUSSELL SCHERTZ had found or sent "anything of any value. ANNA RICHTER said RUSSELL SCHERTZ had sent the information to "you know who," and "you know who" would be going through this information. ANNA RICHTER said there are other things that should be "coming out" shortly. ANNA RICHTER said "what's his name" wanted to know if Michael Roberts was ever deposed or interviewed. TRACEY RICHTER said RUSSELL SCHERTZ had a copy of Michael Roberts's interview on a disk. On September 5, 2012, DARREN MEADE (dmeade@kairos-meade.com) wrote the following to his friend SIAMACK YAGHOBI (siamack.yaghobi@gmail.com): i 47
  • 48. The Tracey Story' is the article I have written, read the narrative and when it gets to the links 'of the Dateline episode, watch them in sequence. I have documents and reports which will also be embedded in the article. The flow charts I asked if you can help me with, will be apart of the article. In the ["players"] document, you will see one section that [is] the Michael & Tracey outline, that is what needs to be detailed and also a flow chart on the jury tampering itself. We can work at my house, but it would be a few hours [until] we can, I had some early meetings, and need to sleep more [than] pray. What is your schedule like later today? Let me know as well if you [are able to] follow the article. Included in this e-mail, DARREN MEADE attached two MS Word documents. One of these documents is DARREN MEADE's RIPOFF REPORT complaint No. 938843 (as it appears on RIPOFF REPORT, but in MS Word format) mentioned and discussed at great lengths throughout the remainder of this affidavit) The other attached MS Word document contained DARREN MEADE's notes on all the State's witnesses and law enforcement officials titled "The Players." On September 6, 2012, in his response to DARREN MEADE's e-mail above, SIAMACK YAGHOBI gave DARREN MEADE suggested additions to what ultimately would become DARREN MEADE's RIPOFF REPORT complaint No. 938843. Most damning in SIAMACK YAGHOBI's response, however, is SIAMACK YAGHOBI told DARREN MEADE that he (SIAMACK YAGHOBI) planned to "FILE A REBUTTAL" on the article that would attack Michael Roberts. The significance of SIAMACK YAGHOBI's statement to DARREN MEADE here cannot be understated, as it and other information discussed in this affidavit demonstrates that ED MAGEDSON / RIPOFF REPORT and DARREN MEADE know the anonymous authors publishing add-on complaints and rebuttals to DARREN MEADE's RIPOFF REPORT complaints, including RIPOFF REPORT complaint No. 938843. On September 7, 2012, TRACEY RICHTER asked ANNA RICHTER whether she got the information she needed from RUSSELL SCHERTZ. TRACEY RICHTER asked whether RUSSELL SCHERTZ put a copy of this information on ANNA RICHTER's computer. ANNA RICHTER said, "supposedly tomorrow or Saturday, all the other stuff is going to be taken care of." [In context, this was an obvious reference to DARREN MEADE's forthcoming RIPOFF REPORT complaint No. 938843) about the State's witnesses] On September 9, 2012, DARREN MEADE published RIPOFF REPORT complaint No. 938843, which purports to be the results of his investigation into the corruption surrounding TRACEY RICHTER's criminal prosecution and conviction, but which is nothing more than DARREN MEADE's and ED MAGEDSON's / RIPOFF REPORT'S efforts to harass and defame the State's witnesses in retaliation for their testimony against TRACEY RICHTER. Although DARREN MEADE published the complaint on September 9, 2012 (Sunday), it did not appear on RIPOFF REPORT until September 11, 2012 (Tuesday). RIPOFF REPORT 48
  • 49. I complaint No. 938843 and its progeny (e.g., add-on complaints, rebuttals, and hyperlinks to other derogatory RIPOFF REPORT complaints about the State's witnesses), among many other things, falsely accuses the State's witnesses and their family members of committing murder, theft, perjury, child molestation, and having sexually transmitted diseases. RIPOFF REPORT / ED MAGEDSON and DARREN MEADE published RIPOFF REPORT complaint No. 938843 as a "featured" RIPOFF REPORT complaint, which is advertised conspicuously on each of RIPOFF REPORT'S approximate 1.8 million complaint pages. By ED MAGEDSON's and DARREN MEADE's own admissions that www.ripoffreport.com is i viewed "a couple million times a day," since complaint No. 938843 was published and featured (September 9, 2012), it is has been viewed over 1.2 BILLION times. On September 11, 2012, DARREN MEADE sent the following e-mail to ANNA RICHTER, , DONNA BISTRICAN, RUSSELL SCHERTZ, and JOHN RICHTER: Anna and Russ, Thank you for being patient and [sic] during my investigation, [sic] I know it took longer than expected. If you can promote the article and ask people to offer their honest opinion, not to compliment me, but to share their own stories of Ben Smith, Mary Higgins, Michael Roberts, Vileta, etc. http://www.ripoffreport.com/ben-smith-michael- roberts-rexxfield/prosecutorial-misconduct/sac-city-sac-county-iowa-B1 A77.htm On September 11, 2012, DARREN MEADE (dmeade@kairos-meade.com) wrote the following in an e-mail to a SIAMACK YAGHOBI (siamack.yaghobi@gmail.com): "Here is the link to the article it posted tonight. This will give you an idea of layout for RIPOFF REPORT." http://www.ripoffreport.com/ben-smith-michael-roberts-rexxfield/prosecutorial- misconduct/sac-city-sac-county-iowa-B1 A77.htm On September 12, 2012, DARREN MEADE told private investigator Tina Church, who has assisted with this investigation, that ED MAGEDSON was the one who suggested to DARREN MEADE that DARREN MEADE should research / investigate TRACEY RICHTER's case. DARREN MEADE told private investigator Tina Church that ED MAGEDSON said he (ED MAGEDSON) would "promote" DARREN MEADE's work on the case and "get a couple million visitors per day on the site." In discussing his efforts to help TRACEY RICHTER obtain a new trial, DARREN MEADE told the investigator the following: The three main witnesses in her trial gave completely different testimony than any of their depositions, including one month before the trial where they say what they are going to testify to and to let Ben Smith know if they are going to testify to anything different, and they all completely testified the opposite of what they said they were going to do. On September 13, 2012, ANNA RICHTER said DARREN MEADE found more information and jplanned to publish it on RIPOFF REPORT at a later date. On September 13, 2012, DARREN MEADE told private investigator Tina Church that he 49
  • 50. might be able to get Michael Roberts to leave the U.S. if Michael Roberts believed he was about to be arrested. On September 14, 2012, in a three-way phone conversation between ED MAGEDSON, DARREN MEADE, and private investigator Tina Church, ED MAGEDSON said the following: I do not have people writing for me "per se," but if [the investigator] wanted to publish articles / complaints on RIPOFF REPORT and wanted to make them searchable...AND IF YOU WANT TO GO TO THE TOP OF THE SEARCH ENGINE, all you need to do is name the city, put the name ofthe attorney, you know, where you want it to be found by the clerk of the court, whatever you put up [on RIPOFF REPORT] within 20 minutes to an hour or so it would be at the top of Google. ED MAGEDSON then told private investigator Tina Church to "search Ben Smith, Sac County Prosecutor (the title to DARREN MEADE's RIPOFF REPORT complaint No. 938843), see what you get." DARREN MEADE told private investigator Tina Church that ED MAGEDSON and ED MAGEDSON's attorneys had discussed that SCA Smith was not acting in the capacity of his official duties, but was acting more like Michael Roberts' personal attorney. Then, ED MAGEDSON interjected stating "that would be a good title, Prosecutor - you know, Ben Smith, Sac County Prosecutor...acts as [Michael Roberts] personal attorney." DARREN MEADE then told the investigator "the thing about [ED MAGEDSON] is if you ever need a title [for a RIPOFF REPORT complaint], he is the one to ask." Towards the end of the conversation, ED MAGEDSON told DARREN MEADE to link one of DARREN MEADE's other RIPOFF REPORT "complaints" about Michael Roberts to DARREN MEADE's September 9, 2012, RIPOFF REPORT complaint (complaint No. 938843) On September 14, 2012, ANNA RICHTER told private investigator Tina Church the following: [DARREN MEADE] got ahold of [DONNA BISTRICAN] and put something on the Internet. That's a friend of my daughter's. And had put something on the Internet, and I guess [DARREN MEADE] read it and he contacted her and then asked if he could talk to me, so she said, well, I don't want to give you her phone number, let me call her first and see if it's okay. That's when [DARREN MEADE] contacted me and said he believed in her innocence because too many things just were not adding up. And that he was going to help me to prove her innocence, and I was flabbergasted, because here is this man, doesn't know us at all and is there wanting to help us. On September 15, 2012, ANNA RICHTER told TRACEY RICHTER about DARREN MEADE's September 11, 2012, RIPOFF REPORT complaint No. 938843; specifically, ANNA RICHTER said there was new information on RIPOFF REPORT about State's 50
  • 51. witnesses Raymond Friedman, Mary Higgins, and Mona Wehde. ANNA RICHTER also said DARREN MEADE planned to publish more information on RIPOFF REPORT concerning the State's witnesses at a later date. ANNA RICHTER further said the "big connection was money, and that State's witnesses Raymond Friedman and Michael Roberts were each other's alibi." ANNA RICHTER told TRACEY RICHTER that the pictures of State's witness Mary Higgins published on RIPOFF REPORT by DARREN MEADE were hysterical. ANNA RICHTER said DARREN MEADE discovered evidence of Michael Roberts having a sexual relationship with Dustin Wehde, TRACEY RICHTER's murder victim. TRACEY RICHTER said she was glad someone was putting the truth out there. TRACEY RICHTER said DONNA BISTRICAN would help ANNA RICHTER create a Facebook page. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN send State's witness (murder victim's sister) Ashley Wehde a Facebook message with a link to DARREN MEADE's RIPOFF REPORT complaint No. 938843. ANNA RICHTER said DARREN MEADE published a short story about State's witness (and murder victim's mother) Mona Wehde in this RIPOFF REPORT. The RIPOFF REPORT complaint or story to which ANNA RICHTER is referring alleges that Mona Wehde was also criminally responsible for her son's (Dustin Wehde) death. On September 16, 2012, DARREN MEADE told private investigator Tina Church that he was publishing an update on RIPOFF REPORT about State's witness Raymond Friedman. DARREN MEADE also told private investigator Tina Church the following: So what this really is the - you have - besides [State's witness Mary Higgins's] testimony, you have two other people's testimony who tied in the prosecution's time line on why [TRACEY RICHTER] murdered [Dustin Wehde], and those two people are [State's witnesses Marie Friedman and Ray Friedman]. Now, [State's witness Raymond Friedman and Marie Friedman] were interviewed the day after the shooting, and their interviews are the exact opposite of what they testified to in court. But what happened in between that [time] is [State's witness Raymond Friedman] was paid $25,000 [by State's witness Michael Roberts] When private investigator Tina Church asked DARREN MEADE about DARREN MEADE's aforementioned deposition, which apparently had been published somewhere on the internet, possibly on RIPOFF REPORT, DARREN MEADE said the following: [Michael Roberts]...published these fake transcripts from a deposition I gave. And I have never defended those, but I haven't defended them because I want them all over the Internet where they can't go and take that stuff down. I want them baked into their position. When private investigator Tina Church asked DARREN MEADE whether the depositions were fake, DARREN MEADE said the following: Not totally fake. What it is...they changed portions of my answers in there. They also don't 51 1
  • 52. lhave the corrects to the deposition that I gave. So they are miss - they are altered transcripts. They also don't contain the corrections that are supposed to be in there. Later in their conversation, DARREN MEADE told private investigator Tina Church the following: The [September 9, 2012, RIPOFF REPORT complaint about the State's witnesses (No. 938843)], I LAID THAT ALL OUT. NOW, I DID BECAUSE [ED MAGEDSON] OFFERED IT TO ME, YOU KNOW, TO HAVE [RIPOFF REPORT] GO IN AND DROP SOME COLOR PHOTOS IN THERE, BUT I DID ALL OF THAT ON MYSELF. [ED MAGEDSON] HAS JUST OFFERED THE PLATFORM, YOU KNOW, ofthe site because he is passionate about ending the death penalty. I wrote the article on Tracey just because I am sitting here going "what the hell is going on," and I was able to get some information and I have some information I'm still going to bring out. On September 18, 2012, an extremely upset / distraught TRACEY RICHTER told ANNA RICHTER she was angry with SCA Smith, because she believed SCA Smith's testimony in her custody hearing was the reason she lost the custody case with Michael Roberts. ANNA RICHTER said she would contact DARREN MEADE because he planned to put something else out there (assumedly about SCA Smith). ANNA RICHTER said DARREN MEADE wanted something from ANNA RICHTER and wanted to publish this something on RIPOFF REPORT that very day. TRACEY RICHTER, still sobbing hysterically, told ANNA RICHTER she did not know what to do now that she lost custody of her kids, which she again blamed on SCA Smith. ANNA RICHTER said that is why WE are trying to "get [SCA Smith]" and that there was something else going on that she cold not discuss with TRACEY RICHTER over the phone. TRACEY RICHTER said RUSSELL SCHERTZ told TRACEY RICHTER about a conversation DARREN MEADE had with "someone." ANNA RICHTER said "someone" is going to be investigating Michael Roberts. TRACEY RICHTER directed ANNA RICHTER to activate TRACEY RICHTER's Facebook page. ANNA RICHTER said her dream is to get SCA Smith disbarred. TRACEY RICHTER said the reason she did not get custody of her kids was because of SCA Smith's testimony at her custody hearing about her aforementioned correspondence with convicted child molester Jim Landa [Although, I am fairly certain TRACEY RICHTER's murder conviction and life imprisonment played some role in the Court's decision to give Michael Roberts' full custody of their children]. ANNA RICHTER said "well, that it is it, I am going to get ahold of [DARREN MEADE] to see if [he can do something]" about SCA Smith. ANNA RICHTER said she talked "to that one person." TRACEY RICHTER asked whether this was the same person that had previously spoken with DARREN MEADE, and ANNA RICHTER said it was. On; September 20, 2012, DARREN MEADE told Dr. Scott Connelly that RIPOFF REPORT owner / operator ED MAGEDSON planned to spend the night at DARREN MEADE's 52
  • 53. Laguna Beach residence. Later, DARREN MEADE said he and ED MAGEDSON traveled together to San Diego where ED MAGEDSON purchased a boat. On September 20, 2012, ED MAGEDSON sent the following e-mail to the producer ofthe Australian version ofthe U.S. television newsmagazine 60 Minutes: Also - You may want to look into this story / I steak [sic] my reputation on this . :-) http://www.ripoffreport.com/ben-smith-michael-roberts-rexxfield/prosecutorial- misconductysac-city-sac-county-iowa-B1A77.htm Darren, who I copied on this e-mail string could explain more., but, The guy in this story (worth a 60 minutes story) in the above LINK is trying to go back to Australia as he is Australian / Michael Roberts He is also featured in this article here http://www.ripoffreport.com/organized-crime/google-cide-exposed/google-cideexposed-by- the-man-01cd6.htm http://www.ripoffreport.com/Search/Michael%20Roberts.aspx author of the above Reports [sic] DARREN MEADE [sic] is located in Laguna Beach, California. Darren testified to FBI on several occasions about Michael Ross Roberts. RIPOFF REPORT has helped every TV News Magazine with stories over the last 15 years. We will never steer you wrong ! :-) HERE IS [DARREN MEADE's] CONTACT INFO On September 21 2012, TRACEY RICHTER asked ANNA RICHTER what had been going on with "that guy (DARREN MEADE)" and whether DARREN MEADE had recently published anything on RIPOFF REPORT or any other place on the internet. ANNA RICHTER said DARREN MEADE published an article on RIPOFF REPORT, Google, and another place online. ANNA RICHTER said ED MAGEDSON / RIPOFF REPORT put up a disclaimer that DARREN MEADE had been publishing these RIPOFF REPORT complaints on his own volition. TRACEY RICHTER described the file sharing software / service Dropbox as an "online briefcases people can open if you send them a link." ANNA RICHTER said she asked DARREN MEADE whether she (ANNA RICHTER) should respond to Michael Roberts' comments, and that DARREN MEADE said he would take care of it. ANNA RICHTER said DARREN MEADE is going to create his own website. TRACEY RICHTER told ANNA RICHTER to print off RIPOFF REPORT complaint No. 938843 and send it to her at the prison. ANNA RICHTER said DARREN MEADE said he / RIPOFF REPORT planned to publish numerous pictures of TRACEY RICHTER with her children in effort to "humanize" her, which ANNA RICHTER had given to DARREN MEADE. TRACEY RICHTER said there should be pictures of her and the kids on her (TRACEY RICHTER's) computer. TRACEY RICHTER said RUSSELL SCHERTZ had the password for this computer. TRACEY RICHTER said RUSSELL SCHERTZ had like-pictures in boxes in his 53
  • 54. garage. On September 28, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE had asked her and RUSSELL SCHERTZ for permission to put "good stuff' about TRACEY RICHTER up on RIPOFF REPORT. TRACEY RICHTER said she saw the pictures of Mary Higgins that DARREN MEADE published on RIPOFF REPORT and that they were horrible. On October 7, 2012, in an e-mail to Dr. Scott Connelly, DARREN MEADE said the following about his deposition: ALL of my corrections were NOT contained within the depositions you provided to [SCA Smith]. The agreement we had was clear, it would not be disseminated without garnering my approval. We had signed a mutual release shortly after I resigned from Progenex. This deposition was done as a favor to you personally before the case was dismissed to help in your settlement with Progenex. Ben Smith is essentially acting as Michael Roberts personal attorney in this matter. Why do you think the DA of Sac County Iowa would be requesting a deposition which was never entered into evidence, and the case, dismissed, between parties that already executed a Mutual Release? I [had] stated [SCA Smith] is 'essentially acting as Roberts' attorney', which is true. On April 2, 2012, I filed an update on RIPOFF REPORT [about Michael Roberts]. On October 10, 2012, DARREN MEADE told Dr. Scott Connelly that the damage caused by the dissemination of his "fake" depositions had cost DARREN MEADE employment opportunities and "millions of dollars." On October 11, 2012, TRACEY RICHTER told her mother that in his September 9, 2012, RIPOFF REPORT complaint (No. 938843), DARREN MEADE inaccurately stated that State's witness Dr. John Pitman's medical practice was located in Chicago, Illinois, and that DARREN MEADE should correct the RIPOFF REPORT complaint to list the correct location of Dr. John Pitman's medical practice, Williamsburg, Virginia. TRACEY RICHTER directed her mother to bring this to DARREN MEADE's attention. On October 19, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was unable to access certain videos and documents on his RIPOFF REPORT complaints and that he planned to call RIPOFF REPORT to get it fixed. On November 2, 2012, DARREN MEADE asked his friend SIAMACK YAGHOBI the following: "Do you know anyone talented with making You Tube videos that might be willing to make a video for a small amount of money, it would be used to end Google-Cide." On November 8, 2012, ANNA RICHTER told TRACEY RICHTER that she was worried about DARREN MEADE as she had not heard from him in two weeks. ANNA RICHTER said she tried to contact DARREN MEADE by e-mail and telephone numerous times, but he 54
  • 55. had not responded. On November 22, 2012, DARREN MEADE published an add-on complaint to his RIPOFF REPORT complaint No. 938843, which he titled "Michael Roberts of Mile2, Lies, and Audiotapes Causes (Alleged) Perjury of Sac County Attorney Ben Smith Case No. CDCD002755." The substantive content of this add-on / rebuttal is in keeping with its title. On November 25, 2012, the anonymous author "VICTIM OF MICHAEL ROBERTS XELLEX MILE2" posted an add-on / complaint to Ripoffreport.com complaint No. 938843, claimed to have been groomed by State's witness MICHAEL ROBERTS to kill TRACEY RICHTER. Said add-on complaint, which purported to be authored by a fifteen-year-old sex abuse victim of Michael Roberts, alleged Michael Roberts was a drug abuser, homosexual, pedophile, and rapist. Said author claimed to have first hand knowledge that MICHAEL ROBERTS chose DUSTIN WEHDE to kill TRACEY RICHTER, and stated, among other things, the following: I believed Michael Roberts would kill me if I spoke up. Michael had promised me that we would run off and have a new beginning as father and son the moment I followed his plan. He made the same offer to Dustin and promised they would leave town together that evening. On November 25, 2012, anonymous author "TIMMY" published RIPOFF REPORT complaint No. 973523, with the following title: MICHAEL ROBERTS XELLEX REXXFIELD VACATION BIBLE SCHOOL VACATION BIBLE SCHOOL MOLESTER, YOUNG BOYS TRUST BETRAYED, GROOMING FOR ABUSE AND MURDER, INTERNET. The content of this RIPOFF REPORT complaint is in keeping with its title and is essentially identical to the content of a comment / rebuttal to RIPOFF REPORT complaint No. 938843. On November 29, 2012, ANNA RICHTER told TRACEY RICHTER that something extremely important had to be done by that Monday, but that she could not talk about it with her over the phone. ANNA RICHTER said she had been exchanging text communications with DARREN MEADE, and DARREN MEADE had to get a hold of the attorney representing TRACEY RICHTER on the direct appeal of her murder conviction. The following demonstrates the extremely important matter DARREN MEADE had to discuss with the attorney representing TRACEY RICHTER on appeal probably had something to do with this newly discovered evidence found by DARREN MEADE. THE PHANTOM JUROR 55
  • 56. As mentioned above, on April 26, 2012, ANNA RICHTER sent an e-mail from her account [anna_richter2003@yahoo.com] to a local newspaper journalist, asking the journalist to look at the RIPOFF REPORT story published by DARREN MEADE. ANNA RICHTER told the journalist: "There is no doubt in my mind that some of the [members of the jury who convicted her daughter, TRACEY RICHTER, of murder] read the paper and internet that weekend and [TRACEY RICHTER's second ex-husband] made sure they were filled with his lies." On June 1, 2012, DARREN MEADE posted the following on The Virginia Gazette's website: "One person purporting to have been a juror in the Richter murder trial claims to have [googled] TRACEY RICHTER and what they located online made them decide to convict her." Coincidentally, this same thing happened to TRACEY RICHTER following her second felony conviction (perjury), which was on July 27, 2010, in the Clay County District Court (Iowa), Case No. FECR014399. On August 18, 2010, while her direct appeal of her felony perjury conviction was being prepared, someone purporting to be one of the Clay County jurors who convicted her wrote the following on the Storm Lake Pilot Tribune's website: I was a juror at the 7/12/10 trial. Her lawyer did not even show us a legal name change and presented no evidence. During lunch break I googled her and learned the truth about her. There was no way I was going to let her walk. In another coincidence, around the same time this anonymous juror published the above- mentioned comment, ANNA RICHTER wrote the following in a letter to then-Sac County Attorney Earl Hardisty: I'm sure that you found out that [TRACEY RICHTER] was found guilty of perjury in [Clay County]. Funny how her attorney refused to put on a defense for her, saying there was no need to. Naturally we are appealing it. In her motion for new trial filed October 6, 2010, TRACEY RICHTER offered up this supposed instance of juror misconduct as grounds for a new criminal trial: There appeared an internet posting on or about August 18, 2010 on the Storm Lake Pilot Tribune website in apparent response to a reprint of an article on the 2001 Early shooting case in which the Dustin Wehde died in the Defendant's home. The internet posting indicated that 'I was a juror at the 7/12/10 trial. Her lawyer did not even show us a legal name change and presented no evidence. During lunch break I googled her and learned the truth about her. There was no way I was going to let her walk. 56
  • 57. On December 10, 2012, ANNA RICHTER told TRACEY RICHTER that RIPOFF REPORT owner ED MAGEDSON wanted BERT PITMAN to send ED MAGEDSON and DARREN MEADE certain information. On December 14, 2012, at TRACEY RICHTER's direction, DARREN MEADE published RIPOFF REPORT complaints Nos. 982235 and 981918, which are open letters from TRACEY RICHTER to her and Michael Roberts' children, N.R. and M.R. These "letters" were clearly intended to reach Michael Roberts' minor children when their names are entered into a Google. RIPOFF REPORT complaint No. 982235, which is DARREN MEADE's / TRACEY RICHTER's open letter to Michael Roberts daughter, M.R. then 12 years old, is titled: [M R.] - [M.R ] / MICHAEL ROBERTS REXXFIELD FOUND TO ABUSE CHILDREN AND WIFE TRACEY RICHTER CONTINUES ABUSE BY REFUSING TO ALLOW MOTHER AND DAUGHTER TO CONTACT ONE ANOTHER / MILE2 CHILD ABUSE MILE2, DR HEIDI ROBERTS CONDONES ABUSE OF [M.R.] AND [N.R.] GOOGLE-CIDE, DR SCOTT CONNELLY INTERNET RIPOFF REPORT complaint No. 981918, which is DARREN MEADE's / TRACEY RICHTER's open letter to Michael Roberts son, N.R., is titled: [N.R.] - Michael Roberts Rexxfield Abusing Children By Refusing Contact His Mother TRACEY RICHTER 60 Minutes Australia Mile2 Sac County Prosecutor Ben Smith [M.R.] Google-cide TRACEY RICHTER and DARREN MEADE's above-mentioned letters to N.R. and M.R., and their add-on complaints and the content of the complaints behind the numerous inserted hyperlinks, are filled with demeaning and defamatory content about their father, Michael Roberts, which, if taken at face value, would be extremely distressing to a child. DARREN MEADE and TRACEY RICHTER's "letters" to here to N.R. and M.R. were clearly intended to reach Michael Roberts' minor children via Google. In fact, as of July 5, 2014, when "[N.R.'s full name] and [M.R.'s full name]" is searched using Google, DARREN MEADE and TRACEY RICHTER's letters to N.R. and M.R. appear first and second, respectively, on the first page ofthe Google search result. On January 5, 2013, ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com) told DARREN MEADE dmeade@kairos-meade.com) that private investigator Tina Church wanted to help with TRACEY RICHTER's case and directed DARREN MEADE to contact private investigator Tina Church. 57
  • 58. On January 6, 2013, DARREN MEADE dmeade@kairos-meade.com) sent the following in an e-mail to private investigator Tina Church, which he copied to ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com) and ANNA RICHTER (anna_richter2003@yahoo.com): I enjoyed our previous conversations, and was hopeful we might be able to utilize your name and know-how, to what I had uncovered in regards to the 'abuse of process', 'prosecutorial misconduct', 'witness intimidation' and wrongful prosecution of TRACEY RICHTER. We had spoken about working together to not only help TRACEY RICHTER but others suffering the same travesty of justice. In good faith I put you in touch with both ED MAGEDSON of Ripoff Report and ANNA RICHTER the mother of TRACEY RICHTER. Tina, is it possible to authenticate that you are in fact the known private investigator Tina Church, whom worked often with Innocent Project? I've come across multiple electronic artifacts that have linked you to Michael Roberts / Rexxfield. Michael Roberts is the master mind whom has placed TRACEY RICHTER in prison for life without the possibility of parole, conspired to have me killed (which is on audio tape) and 4 months ago began offering $2,500 for anyone woman to come forward and provide testimony that I raped them. TRACEY RICHTER is innocent, if you can help her family, then they certainly need your help. Equally, you can take the work I have done, and call it your own. On January 6, 2013, ED MAGEDSON / RIPOFF REPORT wrote the following in an e-mail to private investigator Tina Church, which he copied to DARREN MEADE (dmeade@kairos- meade.com) and ANNA RICHTER (anna_richter2003@yahoo.com): When you called me the other night you made a comment to me that was very disturbing to me. You stated to me, DARREN MEADE told you that he worked for me.. Darren would never lie. He never has and will not be working for Ripoff Report. This is a well-known claim by Michael Roberts. AGAIN, I HAVE NEVER EVER KNOWN DARREN TO TELL A LIE, OR EVEN SWAY FROM THE TRUTH IN THE SLIGHTEST BIT. IF HE IS NOT SURE OF SOMETHING, HE WILL NOT SAY IT. DARREN IS THE REAL DEAL. If Darren is wrong, or I am wrong -1 hope you will understand our concern here. On January 8, 2013, RIPOFF REPORT owner ED MAGEDSON (EDitor@ripoffreport.com) wrote the following in an e-mail to private investigator Tina Church: I am not sure if you are who you say you are, .. and if you could be somehow not a double agent ... For all I know, you think Michael Roberts' is not guilty and you want to try and save him.. I have no idea what is going on - but, something is not right. ALL I WANT.. I WANT TO DO ANYTHING THAT HELPS FREE TRACEY - - I want to do anything that helps those that are not guilty - after rescuing dogs from being euthanized every day, and my website helping consumers - the only other thing on my wish list is to help those you are sitting on death row and those that got life wrongfully. Again, if I am wrong - and you are smart, .. you can see why I feel the way I do. I AM WILLING TO FEATURING ARTICLES AND 58
  • 59. PLACE ADVERTISEMENTS FOR THE CAUSE ON MY WEBSITE. On January 9, 2013, the Iowa court of appeals affirmed TRACEY RICHTER's murder conviction. On January 9, 2013, ANNA RICHTER told TRACEY RICHTER she lost her appeal. ANNA RICHTER said she published a comment on RIPOFF REPORT that TRACEY RICHTER was not able to bring up new information on her direct appeal. ANNA RICHTER said DARREN MEADE wanted TRACEY RICHTER's attorney to serve him with a subpoena concerning threats he alleged SCA Smith made to him. ANNA RICHTER said she had things that she needed to discuss with DARREN MEADE. TRACEY RICHTER said they needed to subpoena this information from DARREN MEADE to "keep him out of the middle." On January 9, 2012, DARREN MEADE published an add-on complaint to his September 9, 2012, RIPOFF REPORT complaint No. 938843, which he titled: THE EVIDENCE OF PROSECUTORIAL MISCONDUCT AND WITNESS TAMPERING CANNOT BE INTRODUCED UNTIL AFTER THE "DIRECT APPEAL" (WHICH MEAN ONLY EVIDENCE FROM THE TRIAL) IS EXHAUSTED. In this comment / add-on complaint, DARREN MEADE published the following statements TRACEY RICHTER's fiance, RUSSELL SCHERTZ, made about the Court's decision: [RUSSELL SCHERTZ] admits the decision will cost Richter, and her family, "years that they cannot get back." Richter's appeal was what's called a "direct appeal," which means it could only include evidence in the court record from the trial. But, Schertz says he's uncovering new information about "prosecutorial misconduct and witness tampering" that he thinks should allow for a new trial in the future. For now, Schertz says the family will file an appeal with the Iowa Supreme Court in the next 20 days. On January 10, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was upset that TRACEY RICHTER lost her direct appeal of her murder conviction. ANNA RICHTER and TRACEY RICHTER discussed the post-conviction relief (PCR) process versus that of the direct appeal; specifically, that new evidence can be considered in a PCR action. ANNA RICHTER said DARREN MEADE told her he discovered information that proved Michael Roberts had motive to frame Dr. John Pitman for TRACEY RICHTER's murder. ANNA RICHTER said they needed to attack the testimony of the State's witnesses. ANNA RICHTER said she and high school graduate DARREN MEADE discussed trial strategy, specifically, putting doubts in the jurors' minds. ANNA RICHTER said DARREN MEADE planned to publish a RIPOFF REPORT complaint about the horrible job he believed TRACEY RICHTER's criminal defense attorneys did in representing her. Later, the two discussed why they believed Michael Roberts was homosexual. 59
  • 60. On January 11, 2013, DARREN MEADE (dmeade@kairos-meade.com), in an e-mail to ANNA RICHTER (annar_richter2003@yahoo.com), RUSSELL SCHERTZ (rschertz@cox.net), and DONNA BISTRICAN (bcbdonna@gmail.com) said he created the website TraceyRichter.com, and asked the group to have their friends and family to spend a couple hours per week creating additional links to the site. The website www.TraceyRichter.com is replete with links to all the RIPOFF REPORT complaints concerning the State's witnesses that are referenced in this affidavit. It also provides links to * the following active social media accounts purporting to be owned, controlled, and authored by TRACEY RICHTER: Facebook.com, YouTube.com, Twitter.com, AboutMe.com, and others, all of which contain recent (as recently as June 10, 2014) posts, comments, and other content that link to the RIPOFF REPORT articles about the State's witnesses. DARREN MEADE also told them the content up on TraceyRichter.com should be more from their voices, not his, and that creating these additional profiles and links to the website would make them all more visible on Google-type search results (thus making the RIPOFF REPORT complaints more visible). Also in this e-mail, DARREN MEADE provided the above-named recipients with the login, password, and e-mail (freetraceyrichter@gmail.com) for the website. On January 12, 2013, ANNA RICHTER told TRACEY RICHTER that ANNA RICHTER's son, JOHN RICHTER, a police detective from another state, obtained information about Dr. John Pitman's arrest and had given it to her. ANNA RICHTER said BERT PITMAN told her that Dr. John Pitman spends all his money on prostitutes. Dr. John Pitman had been arrested pursuant to a bench warrant for failing to appear for court in a civil matter, and the contempt charge was never adjudicated. On January 13, 2013, ED MAGEDSON directed DARREN MEADE to contact private investigator Tina Church to discus their "strategy." On January 13, 2013, ANNA RICHTER (anna_richter2003@yahoo.com) sent the following e-mail to BERT PITMAN (bpitman09@gmail.com): Contact [reporter's name]@vagazette.com, [a reporter from the Virginia Gazette]. I told him about [Dr. John Pitman's] arrest and other things regarding his taking money from you and not paying for your college and his girlfriend from Canada. I told him you have more info on her then I do. Sorry but after what your dad did to Tracey I want him to know how it feels to have his name in the paper and not in a good way. Once we get the mugshot of him Darren is going to do a piece on him. I also gave this Carter the Ben Smith Website and the new one on your mom which I sent you. I hope we can get him interested. Don't put it off. This is important. On January 14, 2012, DARREN MEADE published yet another add-on complaint to his 60
  • 61. September 9, 2012, RIPOFF REPORT complaint (No. 938843), in which high school graduate DARREN MEADE explained to readers that difference between a direct appeal and a habeas corpus action (Post Conviction Relief). Specifically, that newly discovered evidenced, such as "prosecutorial misconduct" and "witness tampering" can be introduced in the latter to obtain a new trial, and not in the former. On January 14, 2013, TRACEY RICHTER asked ANNA RICHTER if there was a "mug shot" of Dr. John Pitman. ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman is pushing his surgery practice into the ground. TRACEY RICHTER stated she hoped to get more information on Dr. John Pitman and that she wanted to see Dr. John Pitman's mug shot. ANNA RICHTER said she e-mailed ED MAGEDSON, the owner / operator of RIPOFF REPORT, and "that one attorney," which the two had discussed earlier. ANNA RICHTER said she e-mailed ED MAGEDSON and DARREN MEADE about ED MAGEDSON something believed to be related to TRACEY RICHTER's case and RIPOFF REPORT. ANNA RICHTER said BERT PITMAN posted a lot of this content on Facebook. TRACEY RICHTER said they needed to get sworn statements from people but that she did not want to mention any names over the phone. On January 14, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE asked her for documents from the wrongful death lawsuit brought against TRACEY RICHTER by Dustin Wehde's estate. On January 21, 2013, author "BRETT COLLINS" published RIPOFF REPORT complaint No. 1000888, titled "DR. JOHN PITTMAN THE THIRD, MEDICAL DOCTOR PLASTIC SURGERY CENTER NAME, PITTMAN SURGICAL ASSOCIATES, A STRANGE EX- HUSBAND KEY WITNESS ARRESTED BY SIX ARMED OFFICERS PLASTIC SURGERY PRACTICE, UNITED STATES ARMY COL." Among other things, this RIPOFF REPORT complaint accuses Dr. John Pitman of committing perjury, compounding felonies, ongoing illicit drug use / abuse, and associating with strippers and hookers. The article continues, alleging that Dr. John Pitman is driving his practice into the ground with "shabby work." [During one of their phone conversations, ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman "was driving his practice into the ground"]. Also in this complaint are links to other RIPOFF REPORT complaints concerning Dr. John Pitman. On January 22, 2013, BERT PITMAN sent the following e-mail message to the Virginia Gazette; shortly thereafter, he forwarded the message to ANNA RICHTER as proof he completed the task which she had given him: To whom it may concern, My grandmother, ANNA RICHTER, had informed me about a week ago that she had e-mailed you about my father John Pitman and mother TRACEY RICHTER. I would like to speak with you about very important recent and past occurrences. 61
  • 62. Including his recent arrest, his possession of the police report on the house invasion/ "murder", his relationship with Allisan "lachesis" tucker, and many other important and case breaking actions committed by my father. John Pitman has painted a picture of himself and his life that is nothing other than a facade. Sorry it took a little while to contact you, I have been very busy moving to Richmond, working and obviously this has been a extremely tough situation for a son to be in. My number is 7575855037, please call me at your convenience. BERT PITMAN. On January 25, 2013, add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1000888, titled "DR. JOHN PITMAN AND MICHAEL ROBERTS REXXFIELD CAUGHT RED-HANDED," was published on RIPOFF REPORT. In this add-on complaint, anonymous author, "2 DEADBEAT DADS" alleged, among other things, that Michael Roberts and Dr. John Pitman were responsible for Dustin Wehde's murder. The following excerpt was contained in the body of the complaint: "[Michael Roberts] told Dateline NBC of wanting to kill John Pittman prior to 2001, and that Roberts claimed he had more money than Pittman and would outspend him in the custody hearings over his stepson." [TRACEY RICHTER and ANNA RICHTER discussed this same subject matter (Michael Roberts wanting to kill Dr. John Pitman) - in one of their prison phone conversations right before "2 DEADBEAT DADS" published this RIPOFF REPORT complaint, which concerned the very same subject matter] On January 25, 2013, an add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1000888, titled "DR. JOHN PITTMAN AND MICHAEL ROBERTS VEGAS ORGIES, SHE/HE AND HE/HE TWISTER, DR. PRESCRIBING PAIN PILLS FOR SEX FUELED NIGHTS," was published on RIPOFF REPORT. The substantive content of this add-on complaint, which was authored by anonymous author "SHARED VICTIMS," is in keeping with the subject matter described in its title. This add-on complaint, like most, if not all the other RIPOFF REPORT complaints concerning the State's witnesses, contains numerous hyperlinks that redirect viewers / readers to other RIPOFF REPORT complaints about the State's witnesses. On January 25, 2013, an add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1005913 was published on RIPOFF REPORT with the following title: DR. JOHN PITTMAN CHEATS ON WIFE LISA PITTMAN WITH RAPPER. DR. JOHN PITTMAN BROKE WITH MULTIPLE TAX IRS TAX LIENS, FINANCES VIDEO FOR RAPPER WHICH HAS A BRUTAL HOME INVASION MURDER SIMILAR TO THE HUSBAND CHEATS ON DEAD FISH WIFE LISA PITMAN, ALLISON TUCKER, TRACEY RICHTER MURDER TRIAL, SAC COUNTY IOWA WILLIAMSBURG, VIRGINIA On January 30, 2013, author "LACHESIS" published RIPOFF REPORT complaint No. 1005913, the content of which is in line with its title: 62
  • 63. DR. JOHN PITMAN CHEATS ON WIFE LISA PITMAN WITH RAPPER LACHESIS. DR JOHN PITMAN BROKE WITH MULTIPLE TAX IRS TAX LIENS, FINANCES VIDEO FOR LACHESIS WHICH HAS A BRUTAL HOME INVASION MURDER SIMILAR TO THE HUSBAND CHEATS ON DEAD FISH WIFE LISA PITMAN, ALLISAN TUCKER, TRACEY RICHTER MURDER TRIAL, SAC COUNTY IOWA WILLIAMSBURG, VIRGINIA." On January 31, 2013, ANNA RICHTER told TRACEY RICHTER she was unable to locate certain information concerning the CHILDREN of one of the State's witnesses. TRACEY RICHTER asked if there was any new news on Dr. John Pitman. ANNA RICHTER said there was a story on the internet concerning Dr. John Pitman, but ANNA RICHTER thought it was authored by someone else. ANNA RICHTER said the RIPOFF REPORT article on Dr. John Pitman was crazy, because it was about Dr. John Pitman having orgies and being fat. ANNA RICHTER then said something to the following effect: DR. JOHN PITMAN IS NOT GOING TO HAVE ANY MONEY BECAUSE OF THESE RIPOFF REPORT ARTICLES. TRACEY RICHTER said BERT PITMAN had once said Dr. John Pitman had orgies. ANNA RICHTER said she was debating whether to publish an add-on complaint / comment on the RIPOFF REPORT complaints concerning Dr. John Pitman. TRACEY RICHTER said it would be better if "WE" do not have any personal connection to the negative stories. ANNA RICHTER claimed she did not know who wrote the "crazy stuff' about Dr. John Pitman. On February 5, 2013, DARREN MEADE published RIPOFF REPORT complaint No. 1009000, the subject matter of which is in keeping with its title: MILE2 MICHAEL ROBERTS REXXFIELD RAYMOND FRIEDMAN" WRITES MILE2 MICHAEL ROBERTS REXXFIELD RAYMOND FRIEDMAN MARIE FRIEDMAN GRAPHIC DEPICTIONS OF CHILD MOLESTATION, CHILD TORTURE, EXACT RECIPES OF LIQUID EXPLOSIVES, TYPE BOMBS ILLICIT RECORDINGS, INTERNET. On February 6, 2013, anonymous author "RAID" published an add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1009000, the subject matter of which is in keeping with its title: MICHAEL ROBERTSON RAYMOND FRIEDMAN MADE MILE2 CEASE TO EXIST OUT OF FEAR OF THE CHILD TORTURE PORN ON YOUR FREE MIGHT PUT US OUT OF BUSINESS. On February 7, 2013, TRACEY RICHTER relayed a phone number to ANNA RICHTER using a code the two developed. The coded message, which was later deciphered, was the phone number of a school TRACEY RICHTER and RUSSELL SCHERTZ believed one of her and Michael Roberts' child M.R. was currently attending. TRACEY RICHTER said RUSSELL SCHERTZ had called the school, but that it would not give him any information because he was not immediate family. TRACEY RICHTER directed ANNA RICHTER to call 63
  • 64. the school. ANNA RICHTER said DARREN MEADE told her the copy of his deposition that was given to SCA Smith by Dr. Scott Connelly was fake. On February 14, 2013, ANNA RICHTER told TRACEY RICHTER that DONNA BISTRICAN posted something on Facebook about TRACEY RICHTER's case. TRACEY RICHTER directed ANNA RICHTER to have BERT PITMAN post something similar on Facebook. ANNA RICHTER said DARREN MEADE and ED MAGEDSON / RIPOFF REPORT planned to publish another RIPOFF REPORT complaint [presumably concerning the State's witnesses]. TRACEY RICHTER said "stuff is coming out about Dr. John Pitman." Then, just as ANNA RICHTER mentioned DARREN MEADE's name, TRACEY RICHTER directed her to stop talking about [DARREN MEADE, Dr. John Pitman, and RIPOFF REPORT] over the phone, and that the two would talk about it in person during ANNA RICHTER's next visit to the prison. ANNA RICHTER said she had information to pass along to TRACEY RICHTER from DARREN MEADE, but that she would wait and tell it to TRACEY RICHTER during her next visit with her at the prison TRACEY RICHTER at the prison. Later during their conversation, ANNA RICHTER said she stored e-mails from RIPOFF REPORT on her computer. On February 17, 2013, TRACEY RICHTER sent a letter to DONNA BISTRICAN asking her to manage her e-mail, social media, and other online accounts. In this same letter, TRACEY RICHTER wrote she believed SCA Smith or DCI SA Vileta were linked to her prison counselor and that her prison counselor had been in contact with someone connected to [Michael Roberts], but TRACEY RICHTER did not know which one (either SCA Smith or DCI SA Vileta) because "the FBI [would not] give [her and her family / friends] a name at this point." On March 6, 2013, in an add-on complaint (rebuttal) published in RIPOFF REPORT No. 938843, anonymous / fictitious author "BETHANY" made comments generally defaming MICHAEL ROBERTS. Interestingly, at the bottom of this rebuttal / comment, author "BETHANY" just so happened to include a link to DARREN MEADE's website www.cyberbountyhuntersblog.com. On March 7, 2013, DARREN MEADE published State's witness Michael Roberts' wife's (Heidi Forsbacka) bank account information on his website cyberbountyhunger.com. The manner in which this information appeared or was displayed on DARREN MEADE's website and other circumstances strongly suggest Ms. Forsbacka's banking information was obtained illegally (i.e., computer hacking). Later, on April 8, 2013, DARREN MEADE sent an e-mail message wherein he freely admitted possessing and publishing Michael Roberts' wife's banking information. On March 22, 2013, BERT PITMAN told TRACEY RICHTER that he planned to give "the 64
  • 65. addresses to the group." On April 2, 2013, ANNA RICHTER told TRACEY RICHTER that she called BERT PITMAN about an internet article / news story concerning TRACEY RICHTER, which ANNA RICHTER believed Dr. John Pitman published and / or authored. ANNA RICHTER said DARREN MEADE had "all kinds of stuff up" in response to this article. ANNA RICHTER further told TRACEY RICHTER that "this is the last straw" as for Dr. John Pitman, and that she planned to "fight back." TRACEY RICHTER directed ANNA RICHTER to get DARREN MEADE to put "all these things together." On April 2, 2013, ANNA RICHTER and TRACEY RICHTER cryptically discussed State's witness Mary Higgins. ANNA RICHTER said her and DONNA BISTRICAN recently had a discussion about State's witness Mary Higgins. The following demonstrates that TRACEY RICHTER and ANNA RICHTER have been using DONNA BISTRICAN to intimidate State's witness Mary Higgins since before TRACEY RICHTER's murder trial started. DONNA BISTRICAN On September 21, 2011, TRACEY RICHTER wrote the following letter to ANNA RICHTER from the Sac County Jail: [State's witness Mary Higgins] is crazy, no wonder [Mary Higgins] didn't have any friends. [Mary Higgins] needs to get her [medication] adjusted and go to church. Our talk last night helped me a great deal. Please send my best to [DONNA BISTRICAN]. I miss her. I was also upset over [Mary Higgins'] comments about [DONNA BISTRICAN]. It was mean spirited and unnecessary. [DONNA BISTRICAN] doesn't have a mean or dishonest bone in her body. She never did anything to warrant [Mary Higgins'] cruelness. In late September 2011 or early October 2011, about three weeks before TRACEY RICHTER's murder trial started, Mary Higgins was jogging not far from her rural Early, Iowa, farmstead on the gravel roads on which she always jogged, when she saw a larger than normal rock lying near the middle of the gravel road. Underneath the rock, Mary Higgins found a note which said, "DEMON B E GONE." The note also had numbers on it. Mary Higgins reluctantly provided the above-information to law enforcement out of concern for her and her family's safety on October 4, 2011. A Des Moines, Iowa resident since 2010, DONNA BISTRICAN had previously been neighbors in Early, Iowa. DONNA BISTRICAN is one of TRACEY RICHTER's most loyal, 65
  • 66. dedicated followers. Information provided to law enforcement suggests DONNA BISTRICAN was in the Early, Iowa area around the time State's witness Mary Higgins found this note. Shortly after Michael Roberts filed for divorce from TRACEY RICHTER, which was on or around May 7, 2004, DONNA BISTRICAN sent Michael Roberts the following in an e-mail, which served as an electronic exorcism or "e-exorcism" of Michael Roberts: "In Jesus name I bind Satan and his DEMONS TO COME OUT OF YOU (Michael Roberts) now and get away from you (Michael Roberts) now." In a communication to JOHN RICHTER in February 2012, DONNA BISTRICAN admitted to sending this e-mail to Michael Roberts. Mary Higgins and her family have reported that their farmstead residence has been burglarized at least five times since TRACEY RICHTER was convicted of murder (November 7, 2011). Following one of these break-ins, the lock from the home's front door had been removed, reassembled, and placed in the center of their kitchen floor. Another time they returned home to find their kitchen chairs turned upside-down. On April 11, 2013, TRACEY RICHTER and ANNA RICHTER discussed getting Dr. John Pitman to sign an affidavit swearing the information / statements attributed to him in an online article in the online UK newspaper "The Daily Mirror" were false. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN get Dr. John Pitman to retract these statements. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN get certain information about Michael Roberts and Dr. John Pitman, and give it to either DARREN MEADE or ED MAGEDSON / RIPOFF REPORT. ANNA RICHTER said more and more people "from out there" believed Dr. John Pitman hired Dustin Wehde to attack / kill TRACEY RICHTER, and that she would discuss it more in detail during her next visit to the prison. TRACEY RICHTER told ANNA RICHTER to get the password for the laptop in ANNA RICHTER's possession from her fiance, RUSSELL SCHERTZ. On April 15, 2013, SCA Smith moved to quash a subpoena issued to the Sac County Sheriff by TRACEY RICHTER in the contempt action she filed in the Buena Vista County, Iowa, District Court against Michael Roberts for non-payment of child support. In said motion, to address another like-subpoena TRACEY RICHTER's custody / child support attorney issued to DARREN MEADE for the "names and individuals that you know have been threatened by [SCA Smith]," SCA Smith discussed DARREN MEADE's aforementioned deposition, wherein DARREN MEADE testified he knowingly consorted and conspired with 66
  • 67. convicted felons to harass and defame a witness in a civil matter. Also included in S C A Smith's motion was a reference to DARREN MEADE's deposition testimony concerning RIPOFF REPORT: RIPOFF REPORT never deletes anything written about somebody. So it's the perfect place to defame somebody because it will always stay up, and for some reason it winds up ranking on the first page of Google. So if you want to destroy somebody's reputation, that's a great place to do it. On April 17, 2013, ANNA RICHTER told TRACEY RICHTER that she had just gotten off the phone with an FBI agent. Then the two discussed what TRACEY RICHTER's attorney needed to subpoena, but agreed they should not talk about it over the phone. ANNA RICHTER said that "a certain person" would be calling TRACEY RICHTER's child support / custody attorney, but did not want to tell TRACEY RICHTER who the "someone" was or talk about the matter over the phone any further. On or around April 18, 2013, ANNA RICHTER sent DARREN MEADE a Western Union Money Gram in the amount of $400.00, which he deposited into his Bank of America account. On April 18, 2013, DARREN MEADE asked a friend whether the friend knew "someone who had time to "make one to two videos for [DARREN MEADE] per week." DARREN MEADE told this person that he had written "two ofthe scripts and wish to find someone whom could make the videos have the look and feel of a breaking news story such as CNN did with the recent bombings in Boston." On April 25, 2013, ANNA RICHTER told TRACEY RICHTER she wanted to go after Dr. John Pitman (or SCA Smith) with a vengeance. TRACEY RICHTER asked ANNA RICHTER whether "they" are putting certain information into the video [presumably a video about the State's witnesses]. ANNA RICHTER responded that they should making this video because she, ANNA RICHTER, had given "them" the information. On April 30, 2013, an e-mail containing a "non-indexed" link accessing a copy of SCA Smith's aforementioned Motion to Quash (MTQ) was sent to ED MAGEDSON's e-mail address (EDitor@ripoffreport.com), which ED MAGEDSON accessed and viewed, then forwarded to DARREN MEADE, who also accessed and viewed the same. ED MAGEDSON's viewing S C A Smith's MTQ was at least the second time ED MAGEDSON / RIPOFF REPORT was made of aware of DARREN MEADE's deposition (SCA Smith's MTQ referenced and cited DARREN MEADE's deposition) - the same deposition in which DARREN MEADE testified that RIPOFF REPORT was a "great place to destroy someone's reputation" and that he was hired by convicted felons to harass and defame a witness via the internet. 67
  • 68. "Non-indexed" links (or URL's uniform resource locators") host content which is intentionally hidden from search engine results pages thus restricting access to the link from anyone using common search engine tools to discover online content. In this case, the links could only be accessed (or opened) by directly clicking on the link contained in the body of an e-mail delivered to a targeted individual. Accessing or clicking the link is recorded on the server hosting the URL and the server's log files automatically records the date and time (in GMT) as well as the Geolocation of the IP address of the recipient's computer used to access their e-mail account. Any such IP recovery data can only be recorded by those directly receiving the e-mail from the originating sender or those individuals who are forwarded the e-mail from the intended "target" (or "recipient zero") of the e-mail. Therefore, the first IP recorded in this instance was traced to ED MAGEDSON, who then forwarded it to an individual who opened it disclosing an IP address linked to DARREN MEADE's computer. On May 5, 2013, TRACEY RICHTER and ANNA RICHTER discussed the letter TRACEY RICHTER's child support / custody attorney wrote to the Sac County Board of Supervisors, wherein said attorney accused SCA Smith of committing a crime and violating an ethical rule. TRACEY RICHTER told ANNA RICHTER to "feel free to give a copy of the letter to 'someone' if they wanted one." Later, TRACEY RICHTER expressly told ANNA RICHTER to have DARREN MEADE published the letter on the internet and give a copy of it to DONNA BISTRICAN. On May 6, 2013, an e-mail containing a "non-indexed" link to a YouTube video described below in "The Glenn Puit Disappearing RIPOFF REPORT Complaint" was sent to ED MAGEDSON's e-mail address (EDitor@ripoffreport.com), which, like the non-indexed link mentioned above, ED MAGEDSON accessed and viewed, then forwarded to DARREN MEADE, who accessed and viewed it. G L E N N P U I T ' S D I S A P P E A R I N G R I P O F F R E P O R T C O M P L A I N T Back in January 2012, ED MAGEDSON and DARREN MEADE solicited the services of investigative journalist Glenn Puit to create what would become RIPOFF REPORT complaints Nos. 828918 and 829020. The following factual assertions can be taken from DARREN MEADE's e-mail and other communications to and from ED MAGEDSON and others between December 2011 through February 2012: ED MAGEDSON paid DARREN MEADE to work directly with investigative journalist, Glenn Puit. ED MAGEDSON 68
  • 69. personally directed content edits and changes to Glenn Puit's work. ED MAGEDSON / RIPOFF REPORT'S attorneys reviewed Glenn Puit's complaint before it was published on RIPOFF REPORT'S website. ED MAGEDSON asked that Glenn Puit address specific issues and allegations against certain individuals in his article. ED MAGEDSON directed DARREN MEADE to create other RIPOFF REPORT complaints. ED MAGEDSON had DARREN MEADE edit various RIPOFF REPORT complaints to include certain content so that these complaints would be more visible and rank higher on internet search results. ED MAGEDSON suggested that DARREN MEADE format DARREN MEADE's complaints in a way that would make them more viewer friendly. DARREN MEADE told investigative journalist Glenn Puit the only way ED MAGEDSON would allow certain audio / visual content to appear in journalist's complaint is through DARREN MEADE and if the articles were beneficial to RIPOFF REPORT'S interests. ED MAGEDSON directed DARREN MEADE to "create new titles for the preexisting derogatory RIPOFF REPORT complaints about DARREN MEADE. ED MAGEDSON promised to "optimize" them so that existing unfavorable RIPOFF REPORT complaint(s) about DARREN MEADE would be effectively removed from the internet. On January 11, 2012, ED MAGEDSON / RIPOFF REPORT paid DARREN MEADE $2,500.00 (check No. 002498) with the memo "[Public Relations] thru Feb 15t h 2012." On January 23, 2012, when asked whether Glenn Puit's anticipated RIPOFF REPORT complaint would be a "featured" RIPOFF REPORT complaint, DARREN MEADE said: "I don't believe the first article will be linked on every page, [because there was] no benefit to ROR." As mentioned earlier, on January 26, 2012, Journalist Glenn Puit, published RIPOFF REPORT complaint No. 829020. The original report's headline was simply "COMPLAINT REVIEW: GOOGLE-CIDE: THE FULL STORY PROGENEX LEADERS ADAM ZUCKERMAN, RYAN PAGE," and the title's first sentence read: "PROGENEX MANAGERS ADAM STUART ZUCKERMAN AND RYAN PAGE NEGOTIATE CONTRACT WITH REXXFIELD ONLINE REPUTATION MANAGEMENT MICHAEL ROBERTS IN ATTEMPT TO COMMERCIALIZE INJECTION SOURCE CODE." The article was a damning account of the criminal activities of convicted felons ADAM ZUCKERMAN and KIRK MCMAHAN described earlier herein. Glenn Puit's original RIPOFF REPORT complaint here was originally published and was located at the following URL address: http://www.ripoffreport.com/business- consultants/google-cide-the-full/google-cide-the-full-story-b3660.htm Sometime on or after March 13, 2012 but before April 30, 2013, ED MAGEDSON or another RIPOFF REPORT agent created an unauthorized duplicate copy of Glenn Puit's article and 69
  • 70. therein effected subtle changes with the clear intent of increasing harm done to Michael Roberts. The following is the new URL for the duplicated / edited RIPOFF REPORT complaint: http://www.ripoffreport.com/r/Michael-Roberts-Rexxfield-Google-cide-The-Full- Story-Progenex-leaders-Adam-Stuart-Zuckerman-Ryan-Page/Costa-Mesa-California- 92626/Michael-Roberts-Rexxfield-Progenex-Managers-Adam-Zuckerman-and-Ryan-Page- negotiate-contr-829020 On May 27, 2014, ED MAGEDSON or another RIPOFF REPORT agent made substantive changes to the article in that he changed both the heading and sub-heading to draw more attention to Michael Roberts and his business, Rexxfield. The headline was changed to following: "COMPLAINT REVIEW: MICHAEL ROBERTS, REXXFIELD, GOOGLE-CIDE: THE FULL STORY PROGENEX LEADERS ADAM STUART ZUCKERMAN, RYAN PAGE"; and the first sentence of the title was changed to: "MICHAEL ROBERTS, REXXFIELD, PROGENEX MANAGERS ADAM ZUCKERMAN AND RYAN PAGE NEGOTIATE CONTRACT WITH REXXFIELD ONLINE REPUTATION MANAGEMENT MICHAEL ROBERTS IN ATTEMPT TO COMMERCIALIZE INJECTION SOURCE CODE." The changes made by RIPOFF REPORT administrators to the duplicated article's sub- heading / title and URL serve no purpose except to increase the damage done to Michael Roberts. The extra emphasis on Michael Roberts' personal name and business name in both the sub-heading / title and more conspicuously, in the URL, is clearly an attempt by RIPOFF REPORT to use generally accepted "Search Engine Optimization" techniques in order to persuade Google and other search engines to elevate this RIPOFF REPORT complaint in search results for Michael Roberts' name. On or about April 30, 2013 SCA Smith discovered the unauthorized derivative of Glenn Puit's original article. Thereafter, journalist Glenn Puit was notified about the change. After learning ofthe change, Glenn Puit contacted ED MAGEDSON directly to protest the issue. Shortly thereafter, ED MAGEDSON or an agent of RIPOFF REPORT deleted the new URL. These facts were memorialized by Michael Roberts in the form of a YouTube "screen cast" video, which clearly establishes both the existence of the unauthorized article and its subsequent deletion. The evidence suggests that when ED MAGEDSON learned of this YouTube video, he or one of RIPOFF REPORT'S agents restored the deleted page so that it would not result in an error message displaying the phrase "The resource you are looking for has been removed, had its name changed, or is temporarily unavailable," which is what was displayed after ED MAGEDSON deleted the original article and had the original URL redirect to the new unauthorized version. This change of URL and redirection provision is evidenced by Glenn Puit's RIPOFF 70
  • 71. REPORT complaint No. 828918, which still references the old URL with the following quote: "To read my second story on this matter that delves into allegations of computer hacking, please go to http.7/www.ripoffreport.com/business-consultants/google-cide-the-full/google- cide-the-full-story-b3660.htm" The aforementioned changes to Glenn Puit's initial RIPOFF REPORT effectively thrust Michael Roberts into the role DARREN MEADE played in his and ADAM ZUCKERMAN's organization's ongoing-criminal enterprise discussed earlier. On May 7, 2013, one day after ED MAGEDSON and DARREN MEADE accessed and viewed the link to Michael Roberts' YouTube screencast, which proved ED MAGEDSON or another RIPOFF REPORT agent removed and republished an amended RIPOFF REPORT complaint, ANNA RICHTER told TRACEY RICHTER that S C A Smith was attempting to intimidate DARREN MEADE by going through ED MAGEDSON. TRACEY RICHTER told ANNA RICHTER that DARREN MEADE needed to send "stuff." On May 17, 2013, an e-mail containing a "non-indexed" link accessing a copy of DARREN MEADE's February 28, 2011, e-mail to MATTHEW COOKE, in which DARREN MEADE sought to enforce his purported right to acquire the exclusive rights to the highly illegal hacking technology that he and ADAM ZUCKERMAN used to remove RIPOFF REPORT complaints for profit. ED MAGEDSON accessed and viewed this e-mail and then forwarded the same to DARREN MEADE who also accessed and viewed it. This e-mail communication provided ED MAGEDSON unimpeachable evidence that in 2011 his / RIPOFF REPORT employee and BFF, DARREN MEADE, tried to purchase the very hacking technology DARREN MEADE told ED MAGEDSON and the FBI was used to hack RIPOFF REPORT'S servers and remove RIPOFF REPORT complaints. On May 28, 2013, an e-mail containing a "non-indexed" link accessing a copy of a February 20, 2011, e-mail message from DARREN MEADE to convicted felon ADAM ZUCKERMAN was sent to ED MAGEDSON, who accessed and viewed it and then forwarded the same to DARREN MEADE, who also accessed and viewed it. In this e-mail, which DARREN MEADE gave the subject heading, "Conspiracy Theory Gone Wild," DARREN MEADE suggested he and ADAM ZUCKERMAN's organization begin publicly accusing Michael Roberts of being criminally responsible for Dustin Wehde's murder (i.e., Michael Roberts hired Dustin Wehde to murder TRACEY RICHTER, which resulted in TRACEY RICHTER defending herself by shooting Dustin Wehde nine times and killing him) to "pressure" and intimidate Michael Roberts into handing his business over to DARREN MEADE and ADAM 71
  • 72. ZUCKERMAN. Towards the end of his e-mail to convicted felon ADAM ZUCKERMAN, DARREN MEADE suggested that he and ADAM ZUCKERMAN get together to devise how to "play this card" against Michael Roberts. DARREN MEADE sent this e-mail to ADAM ZUCKERMAN around the same time DARREN MEADE, TRACEY RICHTER, ANNA RICHTER, and RUSSELL SCHERTZ alleged DARREN MEADE provided Iowa law enforcement with information implicating Michael Roberts in Dustin Wehde's murder. The information contained in this e-mail, which computer forensics proved was viewed by ED MAGEDSON, is contrary to that contained in almost all of ED MAGEDSON's, DARREN MEADE's, and the anonymous authors' RIPOFF REPORT complaints about Michael Roberts and the State's witnesses, and also contrary to DARREN MEADE's deposition, which, as discussed above, ED MAGEDSON / RIPOFF REPORT and at least one of RIPOFF REPORT'S attorney were well aware of as early as January 2012. On June 6, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE wanted TRACEY RICHTER to provide him with the location of sensitive, embarrassing information concerning a family member of one of Michael Roberts' former employees. DARREN MEADE subsequently posted this information on RIPOFF REPORT. ANNA RICHTER also said DARREN MEADE had sent her (ANNA RICHTER) some information / documents, but that she would discuss it with TRACEY RICHTER in person during their next prison visit. ANNA RICHTER also told TRACEY RICHTER that in his Motion to Quash, SCA Smith was "moaning" that "they" had given information / documents to DARREN MEADE. TRACEY RICHTER said most of the information ANNA RICHTER had given to DARREN MEADE was given to her (TRACEY RICHTER) during her murder prosecution. ANNA RICHTER said most of the information DARREN MEADE obtained was from the internet, and sometimes DARREN MEADE asked her for information about which she knew nothing. On July 4, 2013, DARREN MEADE published a video titled "Michael Roberts Rexxfield RIPOFF REPORT Google 60 Minutes Australia". Therein, DARREN MEADE asserted Michael Roberts' custody battle was a hoax, that Michael Roberts orchestrated the "home invasion," which resulted in Dustin Wehde's murder, and that Michael Roberts "confessed the real motive" ofthe home invasion to DARREN MEADE once upon a time. On June 13, 2013 (or June 6, 2013), ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON received a copy of SCA Smith's Motion to Quash, and that ED MAGEDSON forwarded the same to DARREN MEADE. TRACEY RICHTER told ANNA RICHTER "they" had proof SCA Smith obtained the transcripts from DARREN MEADE's aforementioned deposition, and that SCA Smith cannot use the power of his office to do this. TRACEY RICHTER continued, stating neither "they" nor DARREN MEADE had done anything criminal, and SCA Smith was attacking DARREN MEADE for merely exercising his First 72
  • 73. Amendment rights. Amazingly, however, TRACEY RICHTER then said SCA Smith could have an actionable civil defamation claim against ED MAGEDSON / RIPOFF REPORT and / or DARREN MEADE, but neither of ED MAGEDSON / RIPOFF REPORT and / or DARREN MEADE had done anything actionable in the criminal sense. On June 29, 2013, DARREN MEADE sent the following e-mail to ANNA RICHTER: Everyone, I have had enough of all the threats from Michael Roberts and Ben Smith. Every three-four days I will be releasing video's showing the true character of Michael and Benjamin. I hope the tone of the first video is not offensive to anyone. I plan to release one on Ben by Monday morning. I never made a video presentation in my life therefore I know the video maybe lacking a bit. Here is a link to the first video: http://www.screencast.eom/t/AqLqBnFcL On July 2, 2013, TRACEY RICHTER told ANNA RICHTER to give certain documents to "you know who." ANNA RICHTER stated she already had given them to him. [The context of this conversation suggests DARREN MEADE is the unnamed individual] ANNA RICHTER then stated she located documents about Mona Wehde, the murder victim's mother, and Dr. John Pitman, both of whom were State's witnesses. TRACEY RICHTER directed ANNA RICHTER to give the information to this unnamed individual. On July 11, 2013, after receiving the transcript of S C A Smith's testimony from her and Michael Roberts' custody proceedings, which, much to their dismay, proved SCA Smith did not commit perjury as TRACEY RICHTER, ANNA RICHTER, DARREN MEADE and ED MAGEDSON / RIPOFF REPORT had been alleging on RIPOFF REPORT, TRACEY RICHTER told ANNA RICHTER that the she still believed SCA Smith committed perjury. ANNA RICHTER told TRACEY RICHTER that the court reporter who reported the proceedings was "dirty." On July 18, 2013, ANNA RICHTER played DARREN MEADE's July 4, 2013, video presentation, which is mentioned above, over the phone for TRACEY RICHTER. After listening to the video, TRACEY RICHTER commented that DARREN MEADE did not do a bad job with the video presentation and that he would get better. On July 25, 2013, TRACEY RICHTER asked ANNA RICHTER whether there was any new information, documents, or material [on RIPOFF REPORT]. ANNA RICHTER stated there was one thing online that was new, but that she wanted to wait and discuss it with TRACEY RICHTER during their next visit at the prison because "they" might be listening to TRACEY RICHTER's phone calls. On July 27, 2013, TRACEY RICHTER told BERT PITMAN to create a YouTube channel for ANNA RICHTER. TRACEY RICHTER said that YouTube shows up pretty high in internet 73
  • 74. search results. BERT PITMAN told TRACEY RICHTER he wanted nothing to do with Dr. John Pitman. TRACEY RICHTER told BERT PITMAN to "keep his eye on the prize." On July 30, 2013, ANNA RICHTER told TRACEY RICHTER that she got a preview of "another thing" that DARREN MEADE told ANNA RICHTER was going to published on the internet. ANNA RICHTER said she wrote [DARREN MEADE] back and told him the proposed video content was good. TRACEY RICHTER said some of the State's witnesses lied when they testified against her. ANNA RICHTER said they need to go after the State's witnesses because they lied on the witness stand. ANNA RICHTER said they were going to prove State's witnesses Mary Higgins and Mona Wehde committed perjury when they testified against TRACEY RICHTER. TRACEY RICHTER told ANNA RICHTER they needed an affidavit from "the woman" who alleged Dr. John Pitman lied on the witness stand. On August 11, 2013 at 12:18 p.m. PST, DARREN MEADE left the following voicemail for Daniel Danino (dba OC PC Services): Hi Daniel, my name is Darren, I'm in Huntington Beach, I have a laptop that is not working and I needed to get it fixed today, Sunday. Can you please let me know if you have anytime today to work on a laptop. Again, I'm in Huntington Beach. My cellphone number is (949) 357-6193 again. That's (949) 357-6193. Thank you. After this, DARREN MEADE paid OC PC Services $90.00 to for computer maintenance services. DARREN MEADE gave Daniel Danino the address of 711 Pacific Coast Hwy, Huntington Beach, California, to attend to the repairs. The repairs needed more work, Daniel Danino took the laptop back to his office. DARREN MEADE did not pick up his computer. On August 22, 2013, ANNA RICHTER told TRACEY RICHTER she believed that Michael Roberts lied on his immigration paperwork from 1996. TRACEY RICHTER asked ANNA RICHTER whether she had sent this information to "somebody else." ANNA RICHTER stated she was not sure, but that she would fax it over to "that person." TRACEY RICHTER asked whether she sent that document to "that someone else." ANNA RICHTER stated "they never checked on the alibi of you know who." On August 28, 2013, Ripoffreport.com complaint No. 1079952 was published about Daniel Isaac Danino (dba OC PC Services), and his mother Roberta Danino. Said complaint accuses them of crimes, mental health issues, and other derogatory / criminal conduct. Additional demeaning comments and photos of these victims were added to this RIPOFF REPORT complaint on August 29, 2013, September 3, 2013, September 05, 2013, and September 7, 2013 74
  • 75. On August 29, 2013, Dr. John Pitman's office received a call from a male who identified himself as Ryan. Ryan informed Dr. John Pitman's administrative assistant, Tina Allen, that he worked for RIPOFF REPORT and, for $10,000, could remove all the derogatory complaints on RIPOFF REPORT about Dr. John Pitman, including the RIPOFF REPORT complaints DARREN MEADE has admitted to authoring and publishing on RIPOFF REPORT. On May 19, 2014, RIPOFF REPORT / XCENTRIC VENTURES wrote a check to a RYAN DUCA. Tina Allen memorialized the substance of this conversation in an affidavit and provided the same to SCA Smith. On September 4, 2013, ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman would rather spend money on a prostitute / stripper than care for [his son, BERT PITMAN]." On September 4, 2013, another RIPOFF REPORT complaint about Daniel Danino and Roberta Danino (dba OC PC Services) was published. This complaint alleged Daniel Danino committed various crimes. The report was later augmented with additional comments, photos of the victims, and criminal allegations on September 13, 2013, September 21, 2013 and October 17, 2013. Between September 5, 2013, and September 13, 2013, DARREN MEADE transmitted hundreds of phone calls and text messages to Daniel Danino's mobile phone. On September 5, 2013 (9:39 a.m.), SIAMACK YAGHOBI (Siamack.Yaghobi@gmail.com) pitched the following in a RIPOFF REPORT C A P / VP sales e-mail to a prospective RIPOFF REPORT C A P customer (RIPOFF REPORT victim / subject), and copied in ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com) on the e-mail as well: We see you have complaints on [www.pissedconsumer.com]. if, [sic] for some reason they come before Ripoff Report on a search...[sic] and the business (like yours) is a member of one of our programs, at our request, they should be removing it at our request. Why? .. this [sic] was part of an out of count [sic] settlement when Ripoff Report caught them stealing thousands of Reports. On September 5, 2013 (7:25 p.m.), ED MAGEDSON (EDitor@ripoffreport.com) sent the following reply to SIAMACK YAGHOBI (Siamack.Yaghobi@gmail.com): "You need to REMOVE the paragraph I have in Yellow [sic] highlight if there are no Reports on them on [www.pissedconsumer.com]!!!" RIPOFF REPORT sued Opinion Corp (dba Pissed Consumer / www.pisssedconsumer) on October 7, 2008, In the United States District Court of Arizona (Case No. 2:08-CV-01841- JAT). In its complaint, RIPOFF REPORT referred to Pissed Consumer as its direct competitor). It appears that on or around December 8, 2008, the parties (RIPOFF REPORT and Pissed Consumer) entered into a settlement agreement, which enjoined Pissed Consumer from stealing or "scraping" and publishing RIPOFF REPORT complaints on 75
  • 76. Pissed Consumer's website (www.pissedconsumer.com) and dismissed RIPOFF REPORT'S complaint, which asked for hundreds of thousands of dollars in damages and attorneys' fees, with prejudice. Evidence obtained by law enforcement demonstrates that Pissed Consumer complaints concerning RIPOFF REPORT employees and / or individuals who were / are not RIPOFF REPORT CAP or VP members, were removed by Pissed Consumer (again, RIPOFF REPORT'S direct competitor) at ED MAGEDSON's / RIPOFF REPORT'S direction, assumedly pursuant to this settlement agreement. On September 12, 2013, another RIPOFF REPORT complaint about Daniel Danino and Roberta Danino (dba OC PC Services), was published. This complaint / article accuses Daniel Danino, the company's owner, and his family of sex offenses, scams, lewd behavior, robbery, and the rape of a female student. Subsequent to this RIPOFF REPORT complaint, Daniel Danino demanded that DARREN MEADE remove the aforementioned Ripoffreport.com complaints. DARREN MEADE responded by demanding a fee of $7,000.00 for the removal of the Ripoffreport.com pages, and for compensation for DARREN MEADE's laptop, which DARREN MEADE had never retrieved. Daniel Danino agreed only to a refund DARREN MEADE's $90.00 and return the laptop, which he would hold until DARREN MEADE deleted the aforementioned defamatory RIPOFF REPORT complaints. On September 17, 2013, SIAMACK YAGHOBI wrote the following in an email to a prospective RIPOFF REPORT customer (victim), which he blind copied to ED MAGEDSON / RIPOFF REPORT: "We work extremely closely with Google and occasionally our list of links don't work because Google consistently changes their 'search links.'" Minutes later, ED MAGEDSON wrote the following to SIAMACK YAGHOBI in response: We don't work closely with Google!!!! Don't ever say that!!!!!!. See, what that is, is, ... GOOGLE CHANGES THEIR ALGORITHMS ALL THE TIME.. BUT, RIPOFF REPORT STILL STAYS AT THE TOP OF THE SEARCH ENGINES. Never say we are in good with Google. Search engines know us for over 16 years now - and consider us a good source of information for consumers. SIAMACK YAGHOBI wrote the following in response to ED MAGEDSON's admonishment: "10-4 boss." On September 25, 2013, RIPOFF REPORT filed a lawsuit against Michael Roberts and his business entities. The case was filed in the Superior Court of Arizona, County of Maricopa [Case No. CV2013-012936]. In its complaint, RIPOFF REPORT alleged Michael Roberts had wrongfully / tortuously interfered with RIPOFF REPORT business' interests. Specifically, RIPOFF REPORT alleged that the boycott of RIPOFF REPORT lead and 76
  • 77. organized by Michael Roberts through Michael Roberts' websites authorizedstatement.org and badforpeople.com, which efforts Michael Roberts has asserted were in response to the defamatory attacks against himself and others. Later, on or around November 18, 2013, following the hearing on RIPOFF REPORT'S request to enjoin Michael Roberts' boycott, the Court found that everything in AuthorizedStatement.org and BadForPeople.com was protected speech" and denied RIPOFF REPORT'S request for a preliminary injunction. Your applicant was informed that RIPOFF REPORT introduced evidence in these proceedings that demonstrated Michael Roberts' boycott negatively impacted RIPOFF REPORT'S advertising revenue. On September 26, 2013, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON filed a lawsuit against Michael Roberts. TRACEY RICHTER stated she cannot imagine ED MAGEDSON would be intimidated by Michael Roberts. ANNA RICHTER said Michael Roberts had made ED MAGEDSON angry. On September 30, 2013, ANNA RICHTER told TRACEY RICHTER she was waiting for information and / or documents from DARREN MEADE, but that DARREN MEADE had been busy the last couple days helping RIPOFF REPORT owner ED MAGEDSON prepare for his civil action against Michael Roberts. ANNA RICHTER said ED MAGEDSON is going after Michael Roberts for extortion, and is taking out a protective order against Michael Roberts and SCA Smith because the two were harassing him (ED MAGEDSON). ANNA RICHTER said she found a document TRACEY RICHTER had asked her to find while she was searching for documents / information for ED MAGEDSON. TRACEY RICHTER said she had something to tell ANNA RICHTER about ED MAGEDSON, and that ED MAGEDSON had a bunch of stuff on Michael Roberts. ANNA RICHTER said she was supposed to get information to ED MAGEDSON and DARREN MEADE about Michael Roberts. ANNA RICHTER said DARREN MEADE told her he had to work on ED MAGEDSON's case first, but when he finished with that, he would go back to working for TRACEY RICHTER and ANNA RICHTER's cause. ANNA RICHTER said that when "WE" put stuff on RIPOFF REPORT "WE" provide documentation. On September 30, 2013, TRACEY RICHTER directed ANNA RICHTER to perform certain tasks on TRACEY RICHTER's or ANNA RICHTER's computer in real-time. ANNA RICHTER said ED MAGEDSON and / or DARREN MEADE wanted her to ask TRACEY RICHTER whether she (TRACEY RICHTER) was familiar with an individual ANNA RICHTER named. ANNA RICHTER and TRACEY RICHTER both stated that Mona Wehde, the mother ofthe boy Tracey murdered, was once involved with Michael Roberts and drug dealers from Sioux City, Iowa. On October 1, 2013, DARREN MEADE published RIPOFF REPORT complaint No. 77
  • 78. 1088535, which contained defamatory statements about State's witness Michael Roberts and his wife Dr. Heidi Roberts (aka Heidi Forsbacka). The title of DARREN MEADE's RIPOFF REPORT complaint here is as follows: AUTHORIZED STATEMENT, BAD FOR PEOPLE, MICHAEL ROBERTS REXXFIELD, SCAM GROUP, RIPOFF SCAM TO ED MAGEDSON RIPOFF REPORT, SAC COUNTY ATTORNEY BEN SMITH, 60 MINUTES AUSTRALIA, HEIDI ROBERTS, JANICE DUFFY CHECK BOOK JOURNALISM, DIGITAL ASSASSINS, RIPOFF, CHECKBOOK JOURNALISM, PROSECUTORIAL MISCONDUCT, NINEMSN FRAUD, GOLD COAST On October 3, 2013, ANNA RICHTER told TRACEY RICHTER she (or they) had obtained e-mail communications between Michael Roberts and his wife, Heidi Forsbacka. Michael Roberts told law enforcement that no one other than he or his wife should have copies of correspondence between him and his wife. On October 10, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE had recently sent her information. TRACEY RICHTER told ANNA RICHTER "thank God [DARREN MEADE] is involved." ANNA RICHTER relayed a question from DARREN MEADE to TRACEY RICHTER about State's witness Mona Wehde. On October 13, 2013, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON asked ANNA RICHTER to tell TRACEY RICHTER to report the results of her custody / child support proceeding with Michael Roberts, back to ANNA RICHTER, so that ANNA RICHTER could relay the same to ED MAGEDSON. TRACEY RICHTER asked ANNA RICHTER whether "there was anyone else who wanted her lawyer to ask a specific question of Michael Roberts while he was under oath." ANNA RICHTER said she had already discussed this possibility with TRACEY RICHTER's fiance, RUSSELL SCHERTZ. On October 15, 2013, SIAMACK YAGHOBI (siamack.yaghobi@gmail.com) wrote the following in an e-mail to his "boss," ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com): "Would you consider creating a sam@ripoffreport.com email address? Do u agree it to enhance professionalism, and [great] results on hearing back from prospects?" On October 17, 2013, ANNA RICHTER told TRACEY RICHTER she found out that Michael Roberts had never been an FBI informant. TRACEY RICHTER asked whether they could get tangible proof that Michael Roberts had never been an FBI informant. ANNA RICHTER said the information was from a "very reliable source," and she would get more information about this once "she [got] some other stuff back." Later, ANNA RICHTER said the information came from an FBI SA. ANNA RICHTER said ED MAGEDSON wanted TRACEY RICHTER to report the outcome of her custody hearing to ANNA RICHTER, so that ANNA RICHTER could relay the same to ED MAGEDSON. ANNA RICHTER said ED 78
  • 79. MAGEDSON had given her documents to give to TRACEY RICHTER, and that she would be sending them to TRACEY RICHTER. TRACEY RICHTER said "someone" had been trying to contact ANNA RICHTER, but that this "someone" must not have ANNA RICHTER's correct e-mail address. TRACEY RICHTER said she would have her fiance, RUSSELL SCHERTZ, check with this "someone" tomorrow to see if the "someone" had ANNA RICHTER's correct contact information. TRACEY RICHTER said ANNA RICHTER knew this "someone." On October 18, 2013, TRACEY RICHTER told ANNA RICHTER to tell ED MAGEDSON that Michael Roberts was served with that "thing" (ED MAGEDSON's / RIPOFF REPORT lawsuit against Michael Roberts) when he appeared at the Buena Vista County Courthouse for their hearing on the contempt / child support matters. On October 19, 2013, ED MAGEDSON / RIPOFF REPORT issued SIAMACK YAGHOBI the following e-mail address: sam@ripoffreport.com On Sunday, October 20, 2013, 9:15 p.m. PST, SIAMACK YAGHOBI sent an e-mail from siamack.yaghobi@gmail.com to ED MAGEDSON's e-mail addres EDitor@ripoffreport.com, with the subject heading "OC PC contact*" and message body that simply read: "Daniel Danino 714-869-####" Approximately 10 minutes later, (9:26 p.m. PST), ED MAGEDSON replied from EDitor@ripoffreport.com: "You would text this to me once you are maybe on your way in that area - if you said, ED< I am about 1 or 2 hours away - check to see if he will be there.. I will do that." ED MAGEDSON's above-reply proves he was an active principal in this scheme to extort Danino. Ten minutes later, SIAMACK YAGHOBI acknowledged Magedson's e-mail instructions with a simple e-mail reply: "Ok sounds good" On October 21, 2013, at 1:19:15 p.m. PST, SIAMACK YAGHOBI initiated a call from cell phone number (949) 600-0673 to Daniel Danino's mobile phone, which is (714) 869-1660. According to Daniel Danino, the pretext for this call was that SAM YOUBANKS, needed to give multiple laptops to Daniel Danino for repair. Daniel Danino did not know at the time SIAMACK YAGHOBI was associated with DARREN MEADE. This same day, sometime after 1:00 p.m. PST, SIAMACK YAGHOBI arrived at Daniel Danino's gated estate without any computers for repair and identified himself to Daniel Danino as "SAM YOUBANKS." SIAMACK YAGHOBI revealed that he was a business partner of DARREN MEADE and was there to collect DARREN MEADE's laptop. Daniel Danino told SIAMACK YAGHOBI he needed the three above-mentioned RIPOFF REPORT complaints / articles concerning Danino's family and business removed. SIAMACK YAGHOBI then made a call to an unknown person. After that, SIAMACK YAGHOBI told Daniel Danino that the three RIPOFF REPORT complaints about Daniel Danino, his family, and business had been removed. Daniel Danino checked RIPOFF REPORT for these three complaints, and after observing 79
  • 80. they had in fact been removed, Daniel Danino gave SIAMACK YAGHOBI DARREN MEADE's laptop computer. On October 21, 2013 at 2:00:15 P.M. PST, SIAMACK YAGHOBI initiated a call from cell phone number (949) 600-0673 to (714) 869-1660 which belongs to Daniel Danino, the call lasted 29 seconds. On October 21, 2013 at 2:00:56 P.M. PST, SIAMACK YAGHOBI initiated a call from cell phone number (949) 600-0673 to (602) 518-4357 which belongs to ED MAGEDSON, the call lasted 24 seconds. On October 21, 2013 at 2:04:57 P.M. PST, SIAMACK YAGHOBI initiated a call from cell phone number (949) 600-0673 to 714-869-1660 which belongs to Daniel Danino, the call lasted 28 seconds. On October 21, 2013 at 2:04:57 P.M. PST, ED MAGEDSON initiated a call from his Leap Wireless cell phone number (602) 518-4357 to SIAMACK YAGHOBI's Metro PCS cell phone number, (949) 600-0673. This call lasted 4 minutes 45 seconds. On October 21, 2013 at 2:28:29 P.M. PST, SIAMACK YAGHOBI initiated a call from his Metro PCS cell phone number (949) 600-0673 to (602) 518-4357, which belongs to ED MAGEDSON. This call lasted 39 seconds. On October 21, 2013 at 2:36:50 P.M. PST, SIAMACK YAGHOBI initiated a call from his Metro PCS cell phone number (949) 600-0673 to ED MAGEDSON's phone, (602) 518- 4357. This call lasted 1:57 minutes. On October 21, 2013 at 3:02:15 P.M. PST, ED MAGEDSON initiated a call from his Leap Wireless cell phone number 6025184357 to (949) 600-0673 which belongs to SIAMACK YAGHOBI, the call lasted 6 minutes 38 seconds. On October 21, 2013, RIPOFF REPORT deleted the three defamatory pages (complaints Nos. 1079952, 1081741 and 1084023). The removal of these complaints were carried out, presumably, at the direction of ED MAGEDSON in an attempt to coerce Daniel Danino into complying with DARREN MEADE's extortion demands. On October 21, 2013, there were seven calls and eight text messages between DARREN MEADE's cell phone (949) 357-6193 and ED MAGEDSON's cell phone (602) 518-4357 Later, on Oct 21 2013, after SIAMACK YAGHOBI retrieved DARREN MEADE's computer from Danino, and after SIAMACK YAGHOBI and ED MAGEDSON had exchanged phone calls, the three aforementioned RIPOFF REPORT complaints concerning Daniel Danino and his family were republished as follows: complaints No. 1084023 at 04:42 P.M. (UTC- 07:00), complaints No. 1081741 at 07:25 P.M. (UTC-07:00) and complaints No. 1079952 at 10:40 P.M. (UTC-07:00) 80
  • 81. On October 24, 2013, ANNA RICHTER told TRACEY RICHTER she was not certain whether anything came out during the contempt proceedings that would be helpful to E D MAGEDSON. ANNA RICHTER said TRACEY RICHTER's custody / child support attorney gave ANNA RICHTER permission for ED MAGEDSON to call the attorney on his mobile phone. TRACEY RICHTER directed ANNA RICHTER to get certain information from E D MAGEDSON about Michael Roberts. On October 25, 2013, ED MAGEDSON (EDitor@ripoffreport.com) directed SIAMACK YAGHOBI to make a "sales" call to (757) 232-5580, which is the phone number of Dr. John Pitman's plastic surgery practice in Virginia. On October 28, 2013, in response to SIAMACK YAGHOBI's request for ED MAGEDSON to pay SIAMACK YAGHOBI's cell phone bill, ED MAGEDSON wrote him the following: "[SIAMACK YAGHOBI], Just pay it - I will reimburse you with the $200 - this week. IF I PAY [YOUR CELL PHONE BILL], IT THEN CONNECTS WITH ME! DON'T WANT THAT!" On October 31, 2013, ANNA RICHTER told TRACEY RICHTER she had scanned a number of documents, which she planned to send to "someone." ANNA RICHTER told TRACEY RICHTER she learned Dr. John Pitman was back with a stripper and that Dr. John Pitman lied under oath when he testified in his deposition in TRACEY RICHTER's murder case. ANNA RICHTER said she finally got contact information "on a certain person" form "someone." ANNA RICHTER said she printed off documents concerning another case involving ED MAGEDSON, and that ED MAGEDSON had to remove "something" from RIPOFF REPORT, but that "something" did not have anything to do with TRACEY RICHTER's case and / or DARREN MEADE's and the other RIPOFF REPORT complaint's concerning the State's witnesses. On November 3, 2013, SIAMACK YAGHOBI wrote the following in an e-mail to a Sarah (1 stakla@gmail.com), which he copied to DARREN MEADE: "Hi Sarah, So grateful we met as well as being able to introduce you to [DARREN MEADE]. I'm looking forward to the great fruitfulness to this relationship between all of us, especially in support of and for justice for [TRACEY RICHTER]. Wishing you two a great weekend." It is important to note that DARREN MEADE testified in his aforementioned deposition that he and Adam Zuckerman hired / recruited freelance writers or bloggers from fiverr.com and other places to "back-link" or "push" defamatory internet stories about Dr. Scott Connelly onto different article directories, which would effectively turn one defamatory article / post about Dr. Scott Connelly, into hundreds. DARREN MEADE also testified that he and Adam Zuckerman hired a number of people to dig up and publish defamatory information about Dr. Scott Connelly and another individual adverse to their criminal organization, with the 81
  • 82. intent to "destroy [their businesses and reputations] and make it so [they] were unable to have gainful employment." The information contained in this affidavit clearly demonstrates that DARREN MEADE and ED MAGEDSON / RIPOFF REPORT are doing the same thing to the State's witnesses that DARREN MEADE and his and Adam Zuckerman's criminal organization did to Dr. Scott Connelly in 2010. On or around November 5, 2013, pursuant to their ongoing divorce proceedings, Dr. John Pitman was served with a request for production of documents by his estranged wife, Lisa Pitman. Numbered paragraph twenty-one ofthe request asked Dr. John Pitman to produce "each and every letter, e-mail communication, or any other written correspondence of any nature between [Dr. John Pitman] and Michael Roberts from the date of [Dr. John Pitman's marriage Lisa Pitman] to the current date, omitting nothing." Dr. John Pitman told SCA Smith he did not have any such evidence to produce, and that neither he nor his attorney could think of any reason why the information described in this interrogatory would be relevant in any way to his and Lisa Pitman's divorce / custody proceedings. The information contained in this affidavit demonstrates that TRACEY RICHTER and her friends and family routinely hijack other people's civil discovery processes to fit her / their own ends and needs. Question No. 21 from the request for production served on Dr. John Pitman appears to be just another example of this. As discussed earlier, TRACEY RICHTER had ANNA RICHTER asked ED MAGEDSON whether ED MAGEDSON had any questions TRACEY RICHTER's custody / child support attorney should ask Michael Roberts. At the time TRACEY RICHTER offered this to ED MAGEDSON, ED MAGEDSON was suing Michael Roberts in Arizona. On February 8, 2014, during a prison visit, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON had been after ANNA RICHTER to do something, and that ED MAGEDSON (or his attorney) had e-mailed TRACEY RICHTER's attorney to see if there was a way TRACEY RICHTER's attorney could obtain Michael Roberts's mental health therapist's confidential notes / reports made during / following Michael Roberts' therapy session from 2003 and 2004. TRACEY RICHTER told ANNA RICHTER to have her custody / child support attorney to subpoena Michael Roberts' confidential therapy notes and tell said attorney it is related to the custody stuff. ANNA RICHTER told TRACEY RICHTER that getting Michael Roberts' confidential therapy notes / reports to ED MAGEDSON would "really help [ED MAGEDSON] in his lawsuit against Michael Roberts." Later, during a prison visit between TRACEY RICHTER and ANNA RICHTER on February 28, 2014, ANNA RICHTER said ED MAGEDSON's attorney and one of TRACEY RICHTER's PCR attorneys were communicating for the purpose of sharing / obtaining information about Michael Roberts. Another example, as discussed above, on March 9, 2014, TRACEY RICHTER directed ANNA RICHTER to give ED MAGEDSON a list of the information ED MAGEDSON should request of Michael Roberts in their civil case in 82
  • 83. Arizona about Michael Roberts's wife, Heidi Forsbacka (aka Heidi Roberts). TRACEY RICHTER told ANNA RICHTER that Michael Roberts might "back off' if ED MAGEDSON requested certain information from Michael Roberts about his wife. In fact, Darren Meade's 2012 and 2013 bank records are chock-full of payments to www.fiverr.com. On November 11, 2013, Dr. John Pitman's administrative assistant, Tina Allen, received a call at Dr. John Pitman's medical practice from a male who identified himself as RIPOFF REPORT employee "SAM YOUBANKS." Tina Allen said SAM YOUBANKS advised that [Dr. John Pitman] could get the derogatory information published about him on RIPOFF REPORT removed with an initial down payment and the remaining amount billed after it was taken down. Tina Allen said SAM YOUBANKS advised there would also be a monthly fee to continue to monitor RIPOFF REPORT for any new additional derogatory information published on it concerning Dr. John Pitman. SAM YOUBANKS provided Tina Allen the following contact information: e-mail: sam@ripoffreport.com and mobile phone No. (949) 600-0673 (Metro PCS), which is (disposable) sold / serviced by Metro P C S . As noted earlier, ED MAGEDSON / RIPOFF REPORT issued the e-mail sam@ripoffreport.com to SIAMACK YAGHOBI. On November 21, 2013, ANNA RICHTER told TRACEY RICHTER to remind her to tell TRACEY RICHTER something the next time she visited the prison, because she did not want to discuss it over the phone. ANNA RICHTER discussed giving information to ED MAGEDSON and / or DARREN MEADE. On November 30, 2013, an individual posing as Dr. John Pitman (with Dr. John Pitman's knowledge and permission) using jmpitman@yahoo.com, sent SAM YOUBANKS the following e-mail to the e-mail address SAM YOUBANKS provided Tina Allen, sam@ripoffreport.com: Sam; About 2 weeks ago you spoke with my office manager Tina Allen regarding a proposal to remove the untruthful posts about myself and my former wife that have been placed on the RIPOFF REPORT for quite some time. She was expecting to hear back from you by e-mail regarding the specifics of your proposal and provided you her e-mail address but as of last Weds she has not heard back from you. Would you please e-mail me the details of the service or provide a convenient time and phone number to reach out to you directly. Your response would be appreciated. Thank you JM Pitman, M.D. On November 30, 2013, SAM YOUBANKS (sam@ripoffreport.com) replied to (jmpitmanmd@yahoo.com): First and foremost, we do not and have not removed reports for our entire tenure of over 16 years in business...and I have never stated such a 'proposal' what so ever...what I told Tina is that what we do within our Corporate Advocacy Program is much better and if the report 83
  • 84. writer cannot provide legitimate proof of the written allegations then we will go about exposing and redacting false statement/s. First watch this quick video that goes into detail about the services we offer within our program: On December 1, 2013, (jmpitmanmd@yahoo.com) responded to SAM YOUBANKS (sam@ripoffreport.com): Thank you for your reply and clarification. I am going to discuss this with Tina when she returns to the office this week. I could be mistaken but I am quite sure that she said that the reports could be removed for a fee of $10,000.00 paid in 2 installments, one initial payment and then final payment when the reports were removed. I will get back to you afterwards. On December 1, 2013, SAM YOUBANKS (sam@ripoffreport.com) responded to (jmpitmanmd@yahoo.com) and copied in ED MAGEDSON (EDitor@ripoffreport.com): Your welcome, Dr., I am glad to have cleared things up for you. There's nothing worse than miscommunication errors in business, especially when fellow professionals misquote another professional. I'm sure Tina is just been busy and/or juggling a lot of thoughts and that could have been the premise to leading her to share such a ridiculous statement that would never come from any of our companies' representatives and I'm sorry for the confusion. This is truly the ultimate opportunity for you to repair and restore your reputation the right way, Dr. and show consumers that you are a business they can trust because you have made a commitment to customer satisfaction unto us. I hope you have taken the time to review the information I sent to you and learn about the invaluable services we are offering members of the Corporate Advocacy Business Remediation and Customer Satisfaction Program. On December 5, 2013, (jmpitmanmd@yahoo.com) e-mailed the following message to SAM YOUBANKS (sam@ripoffreport.com): I have reviewed the materials you sent to me and have asked Tina to follow up by filling out the application so that this process can be completed as soon as possible. The slander contained in these reports has had a significant negative financial impact on my practice and I would be most appreciative if your process could be expedited. Tina has told me that she has some questions regarding portions ofthe application and would like to speak with you to resolve these items so that the application need not be corrected due to any errors or omissions. She will be in the office tomorrow from 10 am-3 pm EST. Could you give her a call at 757-229-5200 so that she can get the application completed and off to you before the weekend. On December 6, 2013, SAM YOUBANKS called Dr. John Pitman's medical practice and spoke with Dr. John Pitman's administrative assistant, Tina Allen. The conversation was recorded. SAM YOUBANKS told Tina Allen once Dr. John Pitman paid RIPOFF REPORT, RIPOFF REPORT would give Dr. John Pitman the true identities of the individuals who authored the anonymous defamatory RIPOFF REPORT complaints about him. Specifically, 84
  • 85. SAM YOUBANKS told Tina Allen that once a RIPOFF REPORT victim pays RIPOFF REPORT for its Corporate Advocacy Program's (CAP) services, RIPOFF REPORT sends out a letter to the original author, and if the original author does not respond to the letter, then RIPOFF REPORT gives the author's IP address to the victim. SAM YOUBANKS told Tina Allen that his Metro PCS phone was a "separate phone solely dedicated to our members." On December 7, 2013, Gmpitmanmd@yahoo.com) e-mailed SAM YOUBANKS (sam@ripoffreport.com) the following: I have been reviewing the application Tina has prepared after your conversation yesterday and I remain somewhat confused about the requirement for a monthly fee over a 3 year time frame. Can you explain in more detail why this monthly charge is necessary if in fact your methods are so effective in off setting the slander? I have been continuously receiving unsolicited proposals from a variety of companies (see example below) claiming that they can actually remove the negative reports from the RipOffReport.com. This company even states that they will guarantee the result. Are you aware of these e-mail campaigns? How are these companies getting my personal e-mail contacts? I am going to contact this company on Monday and see if I can get "Hector" to e-mail me a written proposal (stating the guarantee). I will forward you any response that I receive back from him. On December 7, 2013, SAM YOUBANKS responded to the above-e-mail from Gmpitmanmd@yahoo.com): You need to first fill out the application. NOT every business is accepted to the CAP program. Once you've filled that information out, I will be forwarding it to RIPOFF REPORT'S main office. Then you can pose those questions to RIPOFF REPORT. I am just an independent sales person selling the CAP program part time while I go to school. Once you've filled out the application, I will forward that to the main office. On December 13, 2013, RIPOFF REPORT announced that it had offered a $25,000 reward for information leading to the exoneration of TRACEY RICHTER. On February 1, 2014, during a prison visit between TRACEY RICHTER and her fiance, RUSSELL SCHERTZ, said "there is some other thing about BERT PITMAN [your mom, ANNA RICHTER] didn't want to tell you over the phone." RUSSELL SCHERTZ said "[JOHN RICHTER] thinks that [Lisa Pitman] put the stuff on RIPOFF REPORT." TRACEY RICHTER replied, "Probably. Well, did she or was it [DARREN MEADE]? Because I asked my mom (ANNA RICHTER) if it was [DARREN MEADE]. She (ANNA RICHTER) said, well, [DARREN MEADE] said no, it (was or wasn't him). And she (ANNA RICHTER) said DARREN MEADE admitted to other things to her before." RUSSELL SCHERTZ whispered the name of the person he believed was responsible for the anonymous derogatory / defamatory postings on RIPOFF REPORT about Dr. John Pitman, but, because he lowered 85
  • 86. his voice, it is impossible to hear what he said. Then RUSSELL SCHERTZ added "we don't know [for sure]" who published the RIPOFF REPORT complaints about Dr. John Pitman. TRACEY RICHTER then told RUSSELL SCHERTZ "it will be interesting if it comes up in his [divorce proceedings with Lisa Pitman] about him fooling around with hookers and call girls, because that will be - we will be using that in my post-conviction relief." TRACEY RICHTER added "BERT PITMAN informed them that "[Dr. John Pitman] is back together with [the hooker / stripper], but [Dr. John Pitman's] neighbor - I want to say a neighbor told [BERT PITMAN] or was it Courtney told them?" RUSSELL SCHERTZ said "We need to get some information from the secretary or the...business manager before she leaves." TRACEY RICHTER then said " Well, who knows. Maybe we can get information from [Lisa Pitman], because [Lisa Pitman] and [Dr. John Pitman] were together [at the time TRACEY RICHTER has alleged Dr. John Pitman saw pictures / photographs of pink spiral notebook], and if she saw the photos and she knows he had the photos, maybe we can trade something with her that she needs." RUSSELL SCHERTZ said they needed to get information from Dr. John Pitman's secretary and from Lisa Pitman. RUSSELL SCHERTZ and TRACEY RICHTER agreed they needed help and assistance from Lisa Pitman and Dr. John Pitman's secretary to obtain sensitive / personal information about Dr. John Pitman. TRACEY RICHTER said DARREN MEADE admitted to ANNA RICHTER that he had authored / published many of the RIPOFF REPORT complaints about the State's witnesses, but had said he did not author / publish the outrageous RIPOFF REPORT complaints about Dr. John Pitman. TRACEY RICHTER told her mother that "maybe this stuff with Dr. John Pitman could develop into something for our benefit [in the PCR context]." RUSSELL SCHERTZ told TRACEY RICHTER he had stored a great deal of information (based on the information in this affidavit, presumably about TRACEY RICHTER's case / State's witnesses) on his work computer but he recently had it removed from that computer because his employer's (ConAgra Foods, Omaha) IT department forced him to remove it. TRACEY RICHTER told RUSSELL SCHERTZ she had a portable hard drive in a box that was in RUSSELL SCHERTZ's possession he could use to store this information. TRACEY RICHTER told RUSSELL SCHERTZ that "they" were going to go after the juror who had an ankle injury before the trial and wanted off the jury, and that they are going to attack jury members. RUSSELL SCHERTZ said that one of TRACEY RICHTER's new attorneys, Matthew Shimanovsky, said SCA Smith is an idiot. On February 2, 2014, ANNA RICHTER visited TRACEY RICHTER at the prison. TRACEY RICHTER asked ANNA RICHTER to tell her more about Dr. John Pitman. TRACEY RICHTER told ANNA RICHTER that Dr. John Pitman needed to come clean and tell the truth. TRACEY RICHTER told ANNA RICHTER they already had [witnesses in TRACEY RICHTER's case] come forward and said they were pressured to lie, so Dr. John Pitman did 86
  • 87. not need to worry about getting in trouble (for committing perjury). TRACEY RICHTER told ANNA RICHTER to tell BERT PITMAN the following: [Dr. John Pitman] needs to come clean about everything. I'm not - there's things we do know about, and unless he tells us things we don't know about, I don't trust him. Otherwise [Lisa Pitman] is going to find out everything she needs to know about [Dr. John Pitman's former girlfriend, Allisan Tucker], whore. ANNA RICHTER said the following in reply: And then [BERT PITMAN] should tell [Dr. John Pitman] you better come clean, because everything will come out about the stuff we don't know, what they told you...to say, then the information that I got, I don't want to give to [Lisa Pitman]. TRACEY RICHTER then told ANNA RICHTER to have BERT PITMAN tell Dr. John Pitman the following: And we know you (Dr. John Pitman) were helping [your former girlfriend, Allisan Tucker]. We have got receipts for you (Dr. John Pitman) paying for her dental. We know where here bank accounts are in Florida. We know how you (Dr. John Pitman) were using your business and paying for all her (Allisan Tucker) stuff. Paying for her (Allisan Tucker) airfare, paying for all her video production and everything else. Talk to [BERT PITMAN] let [BERT PITMAN] know that this could be our huge blessing. Because if [Dr. John Pitman] comes forward and admits [law enforcement] pressured him to [lie about not having knowledge of key pieces of evidence]... A while later, TRACEY RICHTER and ANNA RICHTER had the following discussion: TRACEY RICHTER: Talk to [BERT PITMAN] because this could be a huge blessing in disguise. That could be a Godsend, Mom (ANNA RICHTER). Sometimes God puts things into play so that we have to seize the opportunity. ANNA RICHTER: Yeah, but [BERT PITMAN cannot say] anything over the phone to you. And make sure it's all done in person. [BERT PITMAN] can't [talk about this plan] over the phone [because] they listen to your phone calls. TRACEY RICHTER then directed ANNA RICHTER to have BERT PITMAN give Dr. John Pitman TRACEY RICHTER's word that she "will not get involved" if he (Dr. John Pitman) did the "right thing." ANNA RICHTER said that she would tell BERT PITMAN not to talk about their plan over the phone with TRACEY RICHTER. TRACEY RICHTER added "[BERT PITMAN can tell me over the phone what he knows about Dr. John Pitman] but not about our plan." Towards the end of their visit, TRACEY RICHTER said her fiance, RUSSELL SCHERTZ, told her that "[Dr. John Pitman] thinks [Lisa Pitman] posted that stuff about [him on RIPOFF REPORT]. ANNA RICHTER replied "That's what [BERT PITMAN] told me, that [Dr. John 87
  • 88. Pitman] asked [BERT PITMAN] if he thinks that [Lisa Pitman] had been posting all that stuff on RIPOFF REPORT." TRACEY RICHTER said RUSSELL SCHERTZ told her that ANNA RICHTER would tell TRACEY RICHTER more about this during their visit the following day. Then TRACEY RICHTER asked ANNA RICHTER what BERT PITMAN told Dr. John Pitman in response to Dr. John Pitman's question about whether BERT PITMAN knew who was responsible for the RIPOFF REPORT complaints about him. ANNA RICHTER replied "Oh, I don't know. [BERT PITMAN] didn't say. I'm sure he would have said no. Hopefully [BERT PITMAN] has the smarts to say [he did not know who did it]." TRACEY RICHTER then said the following: You know what, [BERT PITMAN] could - he could tell [Dr. John Pitman], "you know what, we could probably get proof from the people who own RIPOFF REPORT as to who posted it, and you (Dr. John Pitman) will be able to use it in court, but that we are going to need your cooperation on things. ANNA RICHTER said she believed their "other plan," giving personal, sensitive information about Dr. John Pitman to Lisa Pitman unless Dr. John Pitman "[cooperated]," was a better plan. DR. JOHN PITMAN'S DEPOSITION As mentioned earlier, TRACEY RICHTER's first husband, Dr. John Pitman, was listed as a State's witness in the State's Trial Information charging TRACEY RICHTER with the first degree murder of Dustin Wehde, which was filed in Sac County District Court Case No. FECR011900 on August 5, 2011. On October 23, 2011, JOHN RICHTER sent the following Facebook message to BERT PITMAN (his nephew): "once again your [sic] not answering, [sic] call me." Later that same day, JOHN RICHTER sent the following Facebook message to BERT PITMAN: "call me!" On October 24, 2011, the State provided defense counsel with a list of its witnesses in the order in which it intended to call them throughout the week. Later that day, around 11:30 p.m., BERT PITMAN sent the following Facebook message to JOHN RICHTER: "took a long time to down load all of them. I'm sending it to ur [sic] e-mail in the next hour." On October 25, 2011, at 4:45 a.m., JOHN RICHTER sent the following Facebook message to BERT PITMAN: "I just checked my e-mail [and] they are not there yet, inkedtilldeth@aol.com." 88
  • 89. TRACEY RICHTER's murder trial started later that same morning (October 25, 2011). That evening, at 8:14 p.m., BERT PITMAN sent the following Facebook message to JOHN RICHTER: "I sent them to inkedtilldeath on accident. Sending them now." October 25, 2011, BERT PITMAN e-mailed around fifty (50) images of documents that contained personal, sensitive information about Dr. John Pitman and his then-girlfriend, aspiring musician Allisan Tucker, whose stage name was / is Lachesis, to his uncle, JOHN RICHTER. Dr. John Pitman recently told law enforcement the documents shown in these images had to have been removed from Allisan Tucker's handbag without her permission when she was at Dr. John Pitman's residence. The information contained in the documents shown in these images BERT PITMAN sent to JOHN RICHTER is identical to the information TRACEY RICHTER and ANNA RICHTER conspired to give to Dr. John Pitman's wife, Lisa Pitman, if Dr. John Pitman did not "play ball." On October 27, 2011, Dr. John Pitman took the witness stand and gave testimony against TRACEY RICHTER. Midway through the State's direct examination of Dr. John Pitman, TRACEY RICHTER's criminal defense attorneys made an evidentiary objection, which was overruled. The Court, at the request of TRACEY RICHTER's defense attorneys, gave them permission to depose Dr. John Pitman before he testified any further, adjourned for the day. Around 7:00 p.m. that evening, TRACEY RICHTER's criminal defense attorneys deposed Dr. John Pitman. During the deposition, which lasted only about forty-five (45) minutes, TRACEY RICHTER's criminal defense attorneys questioned Dr. John Pitman about his relationship with Allisan Tucker, his former girlfriend, and asked Dr. John Pitman on multiple occasions throughout the deposition whether Allisan Tucker was a stripper or a prostitute. TRACEY RICHTER's criminal defense attorneys then asked Dr. John Pitman for Allisan Tucker's phone number so they could call her that evening to confirm whether or not she was or had been a stripper / hooker. The next morning, Dr. John Pitman took the witness stand, and finished testifying without ever being asked about Allisan Tucker or whether Allisan Tucker was a stripper or a hooker. TRACEY RICHTER's criminal defense attorneys never spoke with Allisan Tucker. Information obtained by law enforcement suggests JOHN RICHTER communicated extensively with TRACEY RICHTER's criminal defense attorneys before TRACEY RICHTER's trial started. On August 20, 2011, ANNA RICHTER told TRACEY RICHTER that JOHN RICHTER spoke with her criminal defense attorneys for three hours the day before (August 19, 2011). On February 3, 2014, TRACEY RICHTER directed BERT PITMAN to find out what was 89
  • 90. going on with Dr. John Pitman and Lisa Pitman's divorce. BERT PITMAN told TRACEY RICHTER that Dr. John Pitman asked him whether Lisa Pitman was responsible for the derogatory postings about him on RIPOFF REPORT. BERT PITMAN told TRACEY RICHTER that he did not tell Dr. John Pitman who was responsible for publishing the complaints. Also during this conversation, TRACEY RICHTER told BERT PITMAN he should have taken her computer. On February 8, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, TRACEY RICHTER and ANNA RICHTER mentioned, by full name, and discussed the DOT employee who processed TRACEY RICHTER's change of name form in 2010, and who later told law enforcement that TRACEY RICHTER had presented the forged court decree as proof her name had been legally changed. Then, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON wanted her (TRACEY RICHTER) to give him certain information about Michael Roberts. ANNA RICHTER said ED MAGEDSON had been after her (ANNA RICHTER) [to do or get something]. ANNA RICHTER also said ED MAGEDSON e-mailed his (or TRACEY RICHTER's other attorney), Victoria Ames, about something having to do with TRACEY RICHTER's case. ANNA RICHTER asked TRACEY RICHTER whether TRACEY RICHTER's attorney could compel Michael Roberts's therapist to produce the reports from Michael Roberts' therapy session. ANNA RICHTER or TRACEY RICHTER stated that they would have to tell the doctor / therapist that the report(s) are needed for TRACEY RICHTER's pending civil litigation with Michael Roberts (child support contempt action) [when really they planned to give it to ED MAGEDSON / RIPOFF REPORT for the purposes of publishing it in a RIPOFF REPORT complaint and / or for RIPOFF REPORT to use in its pending litigation against Michael Roberts]. TRACEY RICHTER said they would ask one of TRACEY RICHTER's attorney to subpoena the confidential reports from Michael Roberts's therapist. ANNA RICHTER said getting this report would really help ED MAGEDSON in his lawsuit against Michael Roberts. Later in this conversation, TRACEY RICHTER told her mother to ask DARREN MEADE how to make a website more visible on an internet search (e.g., Google, Bing, Yahoo!, etc.) results. Attorney Victoria Ames is believed to be a faculty member at Arizona State University College of Law. The school's website indicates that Victoria Ames was an attorney with Jaburg and Wilk before joining the College of Law. Jaburg and Wilk represents Xcentric Ventures (DBA RIPOFF REPORT) and ED MAGEDSON, the owner / operator of RIPOFF REPORT. In January 2014, ED MAGEDSON / RIPOFF REPORT paid Victoria Ames $1,025. The memo line of this check reads, "December invoice." On February 16, 2014, during a prison visit between TRACEY RICHTER and DONNA BISTRICAN, TRACEY RICHTER directed DONNA BISTRICAN to give BERT PITMAN 90
  • 91. information about RIPOFF REPORT'S $25,000 reward that it issued for information leading to TRACEY RICHTER's exoneration, so BERT PITMAN could forward / publish the same on www.traceyrichter.com and / or the Facebook page "Free TRACEY RICHTER." TRACEY RICHTER also told DONNA BISTRICAN to use TRACEY RICHTER's credit card to purchase / create a website. TRACEY RICHTER told DONNA BISTRICAN that both ANNA RICHTER and Russ Schertz had copies of this credit card. Later during this conversation, Donna Bistrican told TRACEY RICHTER that Donna Bistrican had seen something on Iowa Courts Online that indicated Michael Roberts made a $20,000 payment towards an outstanding accrued support balance owed to TRACEY RICHTER. Panicked, TRACEY RICHTER directed Donna Bistrican to quickly contact RUSSELL SCHERTZ and ANNA RICHTER and have them immediately take TRACEY RICHTER's credit / debit card (where her child support payments were deposited) to her lawyer and dump all the money from the card into the attorney's trust account as a retainer, so she could "try and lock it up before [SCA Smith] [garnished it]" to pay TRACEY RICHTER's almost $300,000 in restitution she owed Dustin Wehde's family and the State of Iowa. On February 23, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, the two again discussed having BERT PITMAN pressure his father, Dr. John Pitman, into recanting / changing the testimony he gave in TRACEY RICHTER's murder trial, by having BERT PITMAN tell Dr. John Pitman that "stuff is going to come out unless you play ball." TRACEY RICHTER said if this information came out about Dr. John Pitman, he would lose custody of his children to Lisa Pitman and his business would be ruined. TRACEY RICHTER said BERT PITMAN should approach Dr. John Pitman under the false premise that "[they knew] Ben Smith told [Dr. John Pitman] not to talk to Tracey's lawyers, [and we just want to know what else Ben Smith said to you]." One of the two then said that BERT PITMAN should tell Dr. John Pitman that if Dr. John Pitman did not "come clean" that it would really hurt their (BERT PITMAN and Dr. John Pitman) relationship and that BERT PITMAN should tell Dr. John Pitman "Enough is enough, Daddy. You need to come clean." A N N A R I C H T E R said it would be great if B E R T PITMAN were to record this conversation. ANNA RICHTER told TRACEY RICHTER she would contact BERT PITMAN and discuss their plan with him. Later, TRACEY RICHTER asked whether her PCR attorneys had scheduled the deposition of her criminal defense attorney(s). ANNA RICHTER said DARREN MEADE wanted to attack TRACEY RICHTER's criminal defense attorney(s) on RIPOFF REPORT, but ANNA RICHTER told DARREN MEADE "Don't you dare. We need [him / her]." ANNA RICHTER said TRACEY RICHTER's PCR attorney was a friend of one of TRACEY RICHTER's criminal defense attorneys and that this criminal defense attorney confided with TRACEY RICHTER's PCR attorney that he / she made a number of mistakes representing TRACEY RICHTER in her murder trial. ANNA RICHTER 91
  • 92. added that ED MAGEDSON also directed DARREN MEADE not to publish anything on RIPOFF REPORT about TRACEY RICHTER's criminal defense attorneys. On February 28, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, ANNA RICHTER said DARREN MEADE planned to publish complaints on RIPOFF REPORT attacking the competence / effectiveness of TRACEY RICHTER's criminal defense attorney(s), but that she instructed DARREN MEADE not to "bother [TRACEY RICHTER's criminal defense attorney] right now because [in TRACEY RICHTER's PCR case, TRACEY RICHTER's criminal defense attorney] is going to admit that he was ineffective [in his representation of TRACEY RICHTER in her murder case / trial]" and they "needed" him / her. TRACEY RICHTER said DARREN MEADE needed to wait to publish a complaint on RIPOFF REPORT about her criminal defense attorney until after the attorney testified in TRACEY RICHTER's Post Conviction Relief case, because then DARREN MEADE can publish the transcript of the attorney's own under oath admissions about the attorney's ineffective representation of TRACEY RICHTER. It is important to note that the crux of TRACEY RICHTER's Post Conviction Relief Petition filed in Sac County District Court Case No. PCCV019511 on April 16, 2014, is that her criminal defense attorneys were ineffective in representing her. Obviously, such an admission by TRACEY RICHTER's criminal defense attorney(s) would aid TRACEY RICHTER in her PCR efforts. ANNA RICHTER told TRACEY RICHTER that complaints that are published on RIPOFF REPORT are never taken down. Later, ANNA RICHTER told TRACEY RICHTER she discussed the $25,000 reward RIPOFF REPORT / ED MAGEDSON had offered for information leading to TRACEY RICHTER's exoneration; specifically, ANNA RICHTER told ED MAGEDSON they needed to advertise the reward in and around Sac County, Iowa. Also during this prison visit, TRACEY RICHTER directed ANNA RICHTER to have BERT PITMAN and DARREN MEADE to tell Brandon Wehde (murder victim's first cousin) about the aforementioned $25,000 reward, and also give him (Brandon Wehde) certain derogatory information concerning his aunt Mona Wehde's alleged acts of disloyalty to the Wehde family. TRACEY RICHTER said that someone needed to tell Brandon Wehde "you need to know the truth about what [Mona Wehde] had been up to." TRACEY RICHTER said Brandon Wehde should be given a copy of Brett Wehde's (Mona Wehde's husband, Dustin Wehde's father) suicide note, and he should be told that Mona Wehde (allegedly) planned to leave her family. ANNA RICHTER said DARREN MEADE already had published Dustin Wehde's father's suicide note on RIPOFF REPORT. TRACEY RICHTER directed ANNA RICHTER to also have DONNA BISTRICAN contact Brandon Wehde using her Facebook account. ANNA RICHTER said she was going to contact BERT PITMAN to discuss the 92
  • 93. foregoing. TRACEY RICHTER told ANNA RICHTER to work with DARREN MEADE to create a highly visible website with content that would expose Michael Roberts to hatred, ridicule, and contempt. TRACEY RICHTER and ANNA RICHTER again went over their plan to have BERT PITMAN pressure Dr. John Pitman into changing his testimony. ANNA RICHTER told TRACEY RICHTER she exchanged documents with DARREN MEADE, and that she stores the same in her Dropbox account. TRACEY RICHTER directed ANNA RICHTER to send documents to "Marko" via Dropbox. ANNA RICHTER said she talked to ED MAGEDSON, and ED MAGEDSON had talked to attorney Victoria Ames. ANNA RICHTER said ED MAGEDSON told her that her attorney Matthew Shimanovsky is supposed to contact Victoria Ames about getting Michael Roberts' confidential therapy reports / notes from Dr. Rumberger. TRACEY RICHTER told ANNA RICHTER that her P C R attorneys needed to talk to one of the jurors who convicted her, as well as all the other jurors, but that they needed to start with this particular juror, because he / she was the WEAKEST one G'uror). ANNA RICHTER said Julia Ofenbakh said she (Julia Ofenbakh) would like to see SCA Smith in jail. ANNA RICHTER said Julia Ofenbakh also said "that just listening to things that [SCA Smith] has done, he (SCA Smith) should be in jail." TRACEY RICHTER told ANNA RICHTER that someone should register the website www.BenSmithSucks.com. TRACEY RICHTER asked whether DARREN MEADE had anything up on RIPOFF REPORT about Mary Higgins and Anna said that Darren is concentrating on Ben Smith. ANNA RICHTER said she wanted to completely destroy S C A Smith. ANNA RICHTER said she told this to TRACEY RICHTER's new attorney Julia Ofenbakh. ANNA RICHTER said that TRACEY RICHTER's new attorney Julia Ofenbakh said the jurors in TRACEY RICHTER's criminal case were idiots. ANNA RICHTER said "I will be damned if my daughter is going to sit here eighteen years before they declare her innocent." ANNA RICHTER said they need to get this fund going because this is going to cost money. On March 2, 2014, during a prison visit between ANNA RICHTER and TRACEY RICHTER, A N N A R I C H T E R said she had recently talked to E D M A G E D S O N . T R A C E Y RICHTER directed ANNA RICHTER to send and / or receive digital copies (of something inaudible). TRACEY RICHTER said something about people giving money to TRACEY RICHTER via PayPal and that "[little bits of money add] up." The context of this conversation suggests that ED MAGEDSON had or was creating this PayPal account. ANNA RICHTER said she recently spoke with BERT PITMAN. TRACEY RICHTER said there had to be "something somewhere" about Dr. John Pitman. ANNA RICHTER said something to TRACEY RICHTER about having BERT PITMAN talk to Dr. John Pitman. ANNA RICHTER further stated she just wanted "them to be truthful." TRACEY RICHTER told ANNA RICHTER to (do something) with any information on State's witness Michael Roberts' wife, Dr. Heidi 93
  • 94. / Forsbacka, that ANNA RICHTER obtained. ANNA RICHTER told TRACEY RICHTER that Dr. Heidi Forsbacka hung up the phone when ANNA RICHTER tried to call her (Heidi Forsbacka). TRACEY RICHTER told ANNA RICHTER to have someone create the website www.MichaelRoberts.Blogger.com.eu and publish defamatory / derogatory content on it about State's witness Michael Roberts "so nobody will ever want to do business with him again." On March 7, 2014, during a prison visit between ANNA RICHTER and TRACEY RICHTER, TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN take photographs of Dr. John Pitman's prescriptions, although the recording was difficult to hear at this point. Later, although still barely audible, it is believed the two discussed getting sensitive / embarrassing information about Dr. John Pitman for the purpose of blackmailing / extorting him into recanting / changing his testimony. ANNA RICHTER and TRACEY RICHTER discussed Dr. John Pitman's personal finances. TRACEY RICHTER said something about ED MAGEDSON and DARREN MEADE, and that "how someone found where he was living." TRACEY RICHTER told ANNA RICHTER to create the website "JeremyCollins.com." Jeremy Collins is another State's witness. TRACEY RICHTER said Jeremy Collins might "freak out" after the website about him goes up and just want the stuff online about him to go away and "that's all [we] would need" [for TRACEY RICHTER to be granted a new trial through the PCR action]. TRACEY RICHTER told her mother that after www.JeremyCollins.com goes up that someone would need to approach Jeremy Collins. TRACEY RICHTER is heard telling ANNA RICHTER "they" needed to put something online about "another" one of the State's witnesses. TRACEY RICHTER and ANNA RICHTER then discussed putting up a website with information about Michael Roberts that would make "no women with half a brain want to get involved with him (ANNA RICHTER and TRACEY RICHTER believed Michael Roberts and his wife, Heidi Forsbacka (aka Heidi Roberts) were separated / divorced). TRACEY RICHTER added the following: Well then if [Michael Roberts] wants that [derogatory website about him taken] down...you know what the cost of taking down that website on Michael Roberts is? I want all the dirt on [SCA Smith] and what he did and I want the kids returned to you (ANNA RICHTER). And then he can have that website taken down and he can do whatever he wants. He can run off and live where he wants. He can have whatever job — he can scam whoever he wants in Australia. I don't care. Just go away - go away and live in Australia. ANNA RICHTER said Michael Roberts would not be able to get the derogatory information removed from RIPOFF REPORT because RIPOFF REPORT does not remove its complaints. ANNA RICHTER said she had to go home and scan certain documents into her computer, which the two had previously discussed, and to give them to DARREN MEADE. ANNA RICHTER listed off the derogatory information about Michael Roberts she planned to 94
  • 95. publish on the internet. On March 8, 2014, during a prison visit between TRACEY RICHTER and her mother, ANNA RICHTER, the two discussed creating a website about Heidi Forsbacka, wife of State's witness Michael Roberts. It is important to note that TRACEY RICHTER has created similar websites in past to defame and harass those adverse to her in litigation or just adverse to her in general. TRACEY RICHTER's GoDaddy.com account records show that during her divorce / custody proceedings with Michael Roberts, TRACEY RICHTER created the website RyanKolpinSucks.com (Michael Roberts' custody / divorce attorney at one point during their divorce / custody proceedings), MichaelRobertsSucks.com (obvious reference to Michael Roberts), Mile2Sucks.com (a reference to Michael Roberts' business), and HeidiForsbackaSucks.org (Michael Roberts' wife). TRACEY RICHTER later purchased the rights to and / or created the website RichdaleGroupSucks.com (name of her apartment complex owners / management, which did not hire Sophie Edwards for a management position (despite having TRACEY RICHTER as a reference). On March 9, 2014, during a prison visit between ANNA RICHTER told TRACEY RICHTER, ANNA RICHTER said something to TRACEY RICHTER about something ED MAGEDSON and / or DARREN MEADE had recently said. ANNA RICHTER said ED MAGEDSON gave her transcripts of the testimony Michael Roberts' gave in a deposition in Michael Roberts and ED MAGEDSON's civil case in Arizona. ANNA RICHTER stated she received other items from DARREN MEADE about Michael Roberts. ANNA RICHTER stated she e-mailed ED MAGEDSON and talked to DARREN MEADE about proving the location of IP addresses belonging to Michael Roberts (assumedly, the IP addresses from which Michael Roberts posted comments on RIPOFF REPORT). Towards the end of the visit, TRACEY RICHTER said something to ANNA RICHTER about destroying Michael Roberts socially and professionally. Later, the two discussed finding another way to reach Michael Roberts' wife, Dr. Heidi Forsbacka, and publishing defamatory / derogatory information about her on the internet. TRACEY RICHTER directed ANNA RICHTER to give ED MAGEDSON a list of the information ED MAGEDSON should request of Michael Roberts through the civil discovery process to get information about Michael Roberts's wife, Heidi Forsbacka (aka Heidi Roberts) (Michael Roberts and ED MAGEDSON were / are currently engaged in civil litigation). TRACEY RICHTER told ANNA RICHTER that Michael Roberts might "back off' if ED MAGEDSON requested certain information from / about Michael Roberts's wife. ANNA RICHTER stated that State's witnesses committed perjury when they testified against TRACEY RICHTER. On March 14, 2014, during a prison visit between ANNA RICHTER and TRACEY 95
  • 96. RICHTER, ANNA RICHTER said BERT PITMAN told her Dr. John Pitman denied being responsible for a derogatory news article about TRACEY RICHTER. On March 15, 2014, ANNA RICHTER told TRACEY RICHTER she e-mailed ED MAGEDSON the other day about something having to do with Michael Roberts. ANNA RICHTER said something about ED MAGEDSON emailing DARREN MEADE about something having to do with Michael Roberts. On March 16, 2014, ANNA RICHTER mentioned something having to do with ED MAGEDSON. ANNA RICHTER told TRACEY RICHTER how certain online articles / websites "get moved to the top [of an internet search result]." ANNA RICHTER stated she had to give something to DARREN MEADE. On March 20, 2014, BERT PITMAN sent the following e-mail message to ANNA RICHTER and JOHN RICHTER: This is my letter to [his father, Dr. John Pitman]. I will be sending you another e-mail in the next day or two with my detailed conversation I will have with [Dr. John Pitman] if he agrees to meet with a psychologist. Send me any changes you might have on this letter, but the next one will definitely need more input from everyone. Since it will detail prior occurrences and what will need to be done by him to make things right Thank you for your time Lil' Bert Richter The following is BERT PITMAN'S (aka Bert Richter) aforementioned letter to his father, Dr. John Pitman: Dear John Pitman III, I appreciate you reaching out and trying to speak with me, but unfortunately, the divide between us is too great to just have a casual conversation. Even though I would love to have a father to talk to about sports and such, I cannot do so because you have failed to be one for the vast majority of my life. The times you should have given, you took. The times you should have helped me grow, you did set a good example. The times when you could have been a man, you were deceitful and showed poor character. Your actions have cause me an immense amount of pain, however, I have made it through it all and have come out the other side as a strong and enlightened man. As a man, it is on me to clearly state what you need to do to make amends. If and when, you fulfill my requests, then we can be on speaking terms and start to repair our relationship. I would like to meet with you with Dr. Coe (we can split the costs), so we can discuss the reasons for our tattered relationship and what needs to be done to fix it. Until then, communication between you and I will be solely professional, monetary, or concerning the scheduling of this meeting. BERT PITMAN On March 21, 2014, during a prison visit between ANNA RICHTER and TRACEY RICHTER, ANNA RICHTER said BERT PITMAN planned to write Dr. John Pitman two letters. The first letter BERT PITMAN planned to write to Dr. John Pitman would be short 96
  • 97. and to the point, and the second one would tell Dr. John Pitman that if he is to have a relationship with him (BERT PITMAN) "there are things that have to be done." ANNA RICHTER said BERT PITMAN planned to tell Dr. John Pitman that he had to make right what he had done to TRACEY RICHTER, be accountable, and come forward with the truth. TRACEY RICHTER said Dr. John Pitman needed to "step up." ANNA RICHTER said BERT PITMAN told her Dr. John Pitman was going to come forward with the truth. Then, TRACEY RICHTER and ANNA RICHTER begin to whisper, but you can hear TRACEY RICHTER say BERT PITMAN needed to get Dr. John Pitman to say that law enforcement and Michael Roberts told Dr. John Pitman what to say. TRACEY RICHTER then said Dr. John Pitman needed to swear out an affidavit that TRACEY RICHTER never tried to kill Dr. John Pitman. TRACEY RICHTER directed ANNA RICHTER to have BERT PITMAN find out whether Michael Roberts tried to intimidate Dr. John Pitman. Later in this visit, ANNA RICHTER told TRACEY RICHTER that BERT PITMAN stated he was going to make Dr. John Pitman come forward with the truth and correct this mistakes. Dr. John Pitman recently told law enforcement that BERT PITMAN hand delivered Dr. John Pitman with a copy of his aforementioned letter on or around April 7, 2014, and that they discussed going to therapy / counseling, but never did. Dr. John Pitman also said BERT PITMAN had never asked Dr. John Pitman to retract or change his testimony or to swear out an affidavit. Dr. John Pitman stated his medical practice has lost an estimated $600,000 since these defamatory / derogatory articles about him first appeared on RIPOFF REPORT. Similarly, State's witness Raymond Friedman and Michael Roberts also informed SCA Smith that their respective businesses had suffered greatly as a result of DARREN MEADE's RIPOFF REPORT complaints / articles. In late April 2014 / early May 2014, DARREN MEADE and ED MAGEDSON had a falling- out. Apparently, DARREN MEADE quit working, ED MAGEDSON stopped paying DARREN MEADE because DARREN MEADE quit working, and DARREN MEADE believed he should be paid for doing nothing. When ED MAGEDSON refused to pay DARREN MEADE, DARREN MEADE threatened ED MAGEDSON / RIPOFF REPORT that if ED MAGEDSON / RIPOFF REPORT did not pay DARREN MEADE money and fulfill other demands, DARREN MEADE would expose RIPOFF REPORT to civil, maybe even criminal liability. On May 15, 2014, DARREN MEADE (darrenmitchellm@gmail.com) wrote the following e- mail to ED MAGEDSON (westerned@aol.com): "I can document with log files, screen recordings and search histories the thousands of hours I spent researching to help ED MAGEDSON and TRACEY RICHTER." In another May 15 e-mail between DARREN MEADE, ED MAGEDSON, SIAMACK 97
  • 98. YAGHOBI, ANNA RICHTER (anna_richter2003@yahoo.com), and (adam@ripoffreport.com) [Adam Kunz General Counsel for XCENTRIC VENTURES, LLC], DARREN MEADE alleged that ED MAGEDSON directed and demanded DARREN MEADE to make changes to a video and that DARREN MEADE took down the "posts". DARREN MEADE further stated in this e-mail that he had no animosity towards Michael Roberts and that he worked at ED MAGEDSON's direction. DARREN MEADE also told ED MAGEDSON the following: "ANNA RICHTER, TRACEY RICHTER's mother, called and begged me to come testify at the murder trial. I could not walk at the time, and was threatened with arrest if I set foot in Iowa. When TRACEY RICHTER was convicted I felt responsible, I allowed myself to be intimidated and ignored Anna's pleas for help...that is why [sic] drove me...not hatred." DARREN MEADE's above-assertions, by his own prior admissions and all available evidence / information, are patently false. In fact, DARREN MEADE did not even know ANNA RICHTER until after TRACEY RICHTER had been convicted of murder. In a May 16, 2014, e-mail, ED MAGEDSON sent the following e-mail to MEADE: I am sick about what you seem to be trying to claim! We have never had a contract for you to work for my company. We specifically documented that we would have no contracts unless in writing. You are certainly not an employee of me or my company. I have been your friend. WE HAVE HAD A MUTUAL CAUSE, TO FREE TRACY RICHTER, AND TO EXPOSE MICHAEL ROBERTS TO THE WORLD FOR HIS HYPOCRITICAL AND DISHONEST DEALINGS. I have supported your living expenses to allow you to continue with YOUR work towards those goals. I certainly never had a direction or control over the work. In fact, many of the things that you stated you would do have never happened. And, now you are telling me that you lost your research. What a disappointment. What a blunder. Darren, some ofthe things you write about make it seem like you feel entitled to get certain things at my expense, like rent and a car and food. I don't help you with those things because I am obligated. I [GAVE YOU MONEY] BECAUSE I WANTED TO HELP YOU, MY FRIEND, AND I WANTED TO SUPPORT YOUR CRUSADE TO SEE JUSTICE IN THE TRACY RICHTER CASE. In another May 16, 2014, e-mail from ED MAGEDSON to DARREN MEADE, ED MAGEDSON admitted paying DARREN MEADE to help / do work associated with TRACEY RICHTER at ED MAGEDSON's direction. On May 17, 2014, MEADE sent the following e-mail to ANNA RICHTER, ED MAGEDSON, and SIAMACK YAGHOBI: Anna, the video's I made on behalf of Tracey and exposing Michael Roberts and Ben Smith have were disabled for some reason on RIPOFF REPORT. I was hopeful my issues with Ed would not affect my advocacy work on Tracey's behalf, but ever video I had made has been 98
  • 99. disabled. The majority of the video's I had also placed onto a website I made for Tracey located at http://traceyrichter.com had many of the same video's which I published on RIPOFF REPORT. Those video's are operational, I pay for that site every 3 months ( $39.95 ) and will send you the billing information so you can continue the website. It would seem that my ability to post video's on Tracey's behalf no longer exists on RIPOFF REPORT. I will post a new video on http://traceyrichter.com it will not have the viewership of RIPOFF REPORT, but given my video's were disabled I believe this is the best course of action. I've copied Ed and Michael's friend [SIAMACK YAGHOBI] on this e-mail for transparency. I wanted to alert you to what had taken place on RIPOFF REPORT and assure you it was nothing that I participated in, and again, the website I control still has the video's active :: perhaps, I am wrong and there is another reason the video's are disabled on RIPOFF REPORT but active on other websites? In a May 17, 2014, e-mail from ED MAGEDSON (EDitor@ripoffreport.com) to DARREN MEADE (dmeade@kairos-meade.com), ED MAGEDSON said the following: "Anyone that knows you knows you've had an obsession to go after [Michael Roberts] for your own, and [TRACEY RICHTER] just got some ofthe benefits." Later on in the above-e-mail (or another one sent on this same date) ED MAGEDSON admitted he paid DARREN MEADE to work on matters involving TRACEY RICHTER and RIPOFF REPORT. Just some of RIPOFF REPORT'S bank records show that between December 2011 and May 2014, RIPOFF REPORT paid DARREN MEADE approximately $90,000 from its Bank of America account. ED MAGEDSON has also discussed paying DARREN MEADE from other sources, such as prepaid credit cards. Most telling in all this, however, is ED MAGEDSON paid DARREN MEADE $3,000.00 just days after DARREN MEADE began extorting RIPOFF REPORT / ED MAGEDSON. As indicated above, throughout May 2014, DARREN MEADE told ED MAGEDSON / RIPOFF REPORT he was prepared to make public the fact that he worked at ED MAGEDSON's direction in their joint efforts to "help" TRACEY RICHTER and published RIPOFF REPORT complaints about the State's witnesses. Rather than alert the authorities to DARREN MEADE's extortionist efforts, ED MAGEDSON / RIPOFF REPORT instead asked DARREN MEADE for a list of his demands, which DARREN MEADE provided, and ED MAGEDSON / RIPOFF REPORT at least partially met. On May 28, 2014, DARREN MEADE contacted a plaintiff adverse to RIPOFF REPORT in pending civil litigation. DARREN MEADE informed the plaintiff he (DARREN MEADE) had worked for XCENTRIC VENTURES from January 2012 to May 2014, and that he was now adverse to ED MAGEDSON / RIPOFF REPORT, and he was willing provide evidence to this plaintiff on certain conditions. On June 19, 2014, DARREN MEADE published the following "Tweet" on his Twitter 99
  • 100. account: "Attention: Alleged RIPOFF REPORT Victims! Please know I am available for depositions June 23-27t h in Laguna Beach, CA" @darrenmeade (DARREN MEADE's Twitter account "handle"). On June 25, 2014, at 4:22 pm CST, one of ED MAGEDSON's / RIPOFF REPORT'S attorneys was sent an e-mail, which asked whether said attorney planned to attend DARREN MEADE's depositions (as advertised on DARREN MEADE's Twitter account) and provided a link to DARREN MEADE's above-Tweet. Interestingly, also on June 25 and on 26, 2014, ED MAGEDSON / RIPOFF REPORT allowed DARREN MEADE to publish add- on complaints / comments to existing RIPOFF REPORT complaints Nos. 970019 and 938843, which condemned SCA Smith for garnishing TRACEY RICHTER's prison funds. It is not know at this time whether DARREN MEADE published these comments before or after ED MAGEDSON's / RIPOFF REPORT'S attorney was sent the e-mail described above. CONCLUSION Based on my training and experience, and the facts as set forth in this affidavit, there is probable cause to believe TRACEY RICHTER (aka SOPHIE EDWARDS), DONNA BISTRICAN, ANNA RICHTER, DARREN MEADE, BERT PITMAN (aka BERT RICHTER), ED MAGEDSON, SIAMACK YAGHOBI (aka SAM YOUBANKS) and XCENTRIC VENTURES / RIPOFF REPORT have committed the crimes set forth below, either directly, or by aiding and abetting another in and with the same crimes, and the property and information described in Attachments A and B to this Search Warrant is property / information used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered and / or is property relevant to the crimes discussed below and material as evidence in a criminal prosecution for the same or any related offenses. W I T N E S S T A M P E R I N G "A person who, in retaliation for anything lawfully done by any witness...in any case, harasses such witness, or conspires to do the same...commits an aggravated misdemeanor. IOWA C O D E §§ 720.4, 706.1 (2013). In Iowa, an aggravated misdemeanor is an indictable offense. Iowa Const. Art. 1 § 11; IOWA C O D E § 903.1(2) (2013); Iowa Rule of 100
  • 101. Criminal Procedure 2.4(2) (2013) Here, the harassment was done by communicating with a State's witness in a criminal matter filed in the Sac County District Court, by electronic communication, without legitimate purpose, in a manner likely to cause the witness annoyance or harm and with the specific intent to intimidate, annoy or alarm the witness and, with the intent to produce detrimental effects within Iowa, and the subject's actions did produce detrimental effects within Iowa. Witness Tampering in Iowa is an indictable offense. IOWA C O D E § 708.7(1) (2013); IOWA C O D E § 720.4 (2013); I A Const, art. I, § 11; IOWA C O D E § 903.1(2) (2013); Iowa R. Crim. P. 2.4(2); IOWA C O D E § 803.1 (2013) Based on the evidence / information contained in this application, there is probable cause to believe that beginning in 2012, TRACEY RICHTER, DARREN MEADE, ED MAGEDSON, ANNA RICHTER, RUSSELL SCHERTZ, DONNA BISTRICAN, and / or BERT PITMAN have been engaged in a systematic and ongoing campaign of cyber / internet harassment and defamation aimed directly at the State's witnesses, in retaliation for their cooperation with law enforcement and testimony against TRACEY RICHTER in State v. Richter, Sac County District Court Case No. FECR011900. The available evidence strongly suggests DARREN MEADE, ANNA RICHTER, TRACEY RICHTER, ED MAGEDSON / RIPOFF REPORT, BERT PITMAN, RUSSELL SCHERTZ, knew most of the demeaning, derogatory content they published about the State's witnesses on the RIPOFF REPORT and other sites was / is perse defamatory. The available evidence shows that in January 2012, ED MAGEDSON / RIPOFF REPORT and at least one of ED MAGEDSON's / RIPOFF REPORT'S attorneys was aware of DARREN MEADE's aforementioned deposition wherein DARREN MEADE, among many other damning admissions, testified to the following: that DARREN MEADE was hired by convicted felons to defame a witness for the purpose of harassing and intimidating the witness into settling his civil case with these convicted felons (i.e., that DARREN MEADE was once a "liar for hire"); that Michael Roberts' was ADAM ZUCKERMAN's victim, not his partner, the latter of which DARREN MEADE alleged in seventy-five (75%) or more of all his RIPOFF REPORT complaints he published about the State's witnesses; that DARREN MEADE, when he was working for and with these convicted felons, had actually removed RIPOFF REPORT complaints from the internet by injecting the above-describe illicit SQL source code into RIPOFF REPORT'S servers; and that "RIPOFF REPORT never deletes anything written about somebody. So it's the perfect place to defame somebody because it will always stay up, and for some reason it winds up ranking on the first page of Google. So if you want to destroy somebody's reputation, that's a great place to do it." Additionally, DARREN MEADE and ED MAGEDSON / RIPOFF REPORT have alleged the testimony given by the State's witnesses against TRACEY RICHTER during her trial were in direct 101
  • 102. conflict with the testimony they gave in their depositions, which is patently false. TRACEY RICHTER, ANNA RICHTER, and RUSSELL SCHERTZ provided DARREN MEADE and ED MAGEDSON / RIPOFF REPORT with copies of the discovery in TRACEY RICHTER's criminal trial, including the transcripts from the depositions ofthe State's witnesses. As discussed earlier, in April 2013, TRACEY RICHTER and ANNA RICHTER learned of DARREN MEADE's deposition, as SCA Smith referenced it in his Motion to Quash TRACEY RICHTER's subpoena duces tecum to the Sac County Sheriff, and even included DARREN MEADE's quote about how RIPOFF REPORT is a "great place" to destroy someone's reputation. As discussed earlier, on July 20, 2012, after learning SCA Smith had received DARREN MEADE's deposition pursuant to a court order subpoena, DARREN MEADE pleaded with the subpoenaed party, Dr. Scott Connelly, to "pull back" the deposition from SCA Smith and tell SCA Smith the transcript was inaccurate. Also in April 2013, ED MAGEDSON / RIPOFF REPORT received a copy of SCA Smith's Motion to Quash. Additionally, in May 2013, ED MAGEDSON / RIPOFF REPORT learned ofthe 2011 e-mail DARREN MEADE sent to convicted felon ADAM ZUCKERMAN wherein DARREN MEADE suggested that for the purpose of furthering DARREN MEADE and ADAM ZUCKERMAN's felonious enterprises, they should begin publicly accusing Michael Roberts of Dustin Wehde's murder (i.e., that Michael Roberts sent Dustin Wehde into he and TRACEY RICHTER's home to attack TRACEY RICHTER, which resulted in TRACEY RICHTER shooting (nine times) and killing Dustin Wehde). Despite having unimpeachable evidence as early as January 2012, that DARREN MEADE had previously been hired / paid by convicted felons to defame witnesses online and that most of the content in DARREN MEADE's RIPOFF REPORT complaints were patently false, ED MAGEDSON / RIPOFF REPORT paid DARREN MEADE to create defamatory, harassing RIPOFF REPORT complaints about the State's witnesses, and provided him with unfettered access to RIPOFF REPORT, a "great place to destroy someone's reputation," which by DARREN MEADE's own admissions, had the ability to attract up to two million viewers per day. In addition to paying DARREN MEADE over at least $80,000.00 to create RIPOFF REPORT complaints about the State's witnesses and publicize the same, ED MAGEDSON / RIPOFF REPORT, aware ofthe factual, under oath assertions contained in DARREN MEADE's deposition, sought out major news media to advertise and vouch for the credibility of DARREN MEADE's work on RIPOFF REPORT, specifically, DARREN MEADE's RIPOFF REPORT complaint No. 938843. Another example of ED MAGEDSON / RIPOFF REPORT protecting and vouching for DARREN MEADE is on or around September 14, 2012, when Michael Roberts made a 102
  • 103. comment / rebuttal to DARREN MEADE's September 9, 2012, RIPOFF REPORT complaint (No. 938843) about the State's witnesses, which he titled: [DARREN MEADE] OF KAIROS-MEADE IN LAGUNA BEACH CALIFORNIA. [DARREN MEADE] IS A PAID REPUTATION-HITMAN WORKING FOR ED MAGEDSON OF RIPOFF REPORT THESE POSTINGS ARE IN RESPONSE TO MY REFUSING TO SUBMIT TO DARREN MEADE'S EXTORTION DEMANDS IN OCTOBER 2011, AND MY EXPOSES ON ED MAGEDSON'S APPALLING BUSINESS PRACTICES. In this comment / rebuttal, Michael Roberts provided hyperlinks to information that poked holes in DARREN MEADE's credibility and the substantive content of his RIPOFF REPORT complaint about the State's witnesses and corroborated Michael Roberts' comment. However, sometime after Michael Roberts' posted this comment, ED MAGEDSON / RIPOFF REPORT removed or "redacted" Michael Roberts's hyperlinks and amended the above-title of his rebuttal to the following: "*UPDATE .. FROM [ED MAGEDSON] - NEITHER RIPOFF REPORT, NOR ED MAGEDSON ENGAGED, HIRED OR REQUESTED DARREN MEADE TO WRITE THIS STORY." Also, it is important to note that the original URL for DARREN MEADE's November 9, 2012 (published on November 11, 2012), RIPOFF REPORT complaint No. 938843 was http://www.ripoffreport.com/ben-smith-michael-roberts-rexxfield/prosecutorial-misconduct/sac-city- sac-county-iowa-B1A77.htm However, the URL for the same RIPOFF REPORT complaint is now http://www.ripoffreport.com/r/Ben-Smith-Sac-County-lowa-Prosecutor-Prosecutorial-Misconduct- Tracey-Richter-Falsely-Convicted-Overwheliriing-Evidence-Michael-Roberts-Rexxfield/Sac-City- lowa-/Ben-Smith-Sac-County-lowa-Attorney-prosecutorial-misconduct-improper-relationship-with-st- 938843 It is not difficult to understand why this change was made, considering the following e-mail ED MAGEDSON / RIPOFF REPORT sent to SIAMACK YAGHOBI on September 18, 2013: I put [the reviews] at the beginning for a reason. Look — the ONLY f reason why [RIPOFF REPORT customers / victims] are talking to you (SIAMACK YAGHOBI aka SAM YOUBANKS, RIPOFF REPORT CAP and Verified salesman) is, because, they are listed on Google and they want that f ing listing to change!!! Once [the RIPOFF REPORT customer / victim sees] that - that the title is changed out! And we inject over 500 to over 1,000 words before the [RIPOFF REPORT customer's / victim's defamatory RIPOFF REPORT complaint] with new titles that reflect [the RIPOFF REPORT customer's / victim's commitment to satisfaction etc.. that is all they will care about - they will listen to anything you have to say my Aladdin. As discussed earlier, on September 9, 2012, DARREN MEADE and ED MAGEDSON published RIPOFF REPORT complaint No. 938843, which, among other things, accuses the State's witnesses of perjury and theft, and contains comments and a myriad of 103
  • 104. hyperlinks (which, unlike those hyperlinks published by Michael Roberts that are mentioned above) to other salacious, defamatory stories concerning the State's witnesses. ED MAGEDSON and DARREN MEADE have placed this RIPOFF REPORT complaint, on each of RIPOFF REPORT'S approximate 1.8 million webpages (No. 938843). ED MAGEDSON and DARREN MEADE have bragged about RIPOFF REPORT'S visibility on the internet. By DARREN MEADE's own admission, RIPOFF REPORT complaint No. 938843 has been viewed 1.2 BILLION times. RIPOFF REPORT complaint No. 938843 contains a myriad of hyperlinks and "rebuttal" or add-on complaints, which redirects readers / viewers to other salacious / defamatory RIPOFF REPORT "complaints" about the State's witnesses made by DARREN MEADE and other anonymous authors. As noted above, DARREN MEADE has admitted to authoring some of the other RIPOFF REPORT complaints about the State's witnesses. The evidence shows DARREN MEADE was / is an agent of RIPOFF REPORT / ED MAGEDSON. ED MAGEDSON has paid DARREN MEADE over one hundred thousand dollars (either directly or indirectly) to create the content published in the RIPOFF REPORT complaints about the State's witnesses, all in effort to "help" TRACEY RICHTER and ANNA RICHTER. Since December 2012, ED MAGEDSON / RIPOFF REPORT, from just one of ED MAGEDSON's / RIPOFF REPORT' bank accounts, has paid DARREN MEADE over $80,000.00 either directly or indirectly. Evidence demonstrates that DARREN MEADE received additional compensation from ED MAGEDSON / RIPOFF REPORT from other sources in this same timeframe. Additionally, phone records show that from April 2012 and December 2013, DARREN MEADE's mobile phone called ED MAGEDSON's mobile phone 336 times for a total of 50 hours, and sent ED MAGEDSON's mobile phone 854 text messages. In this same timeframe, ED MAGEDSON's mobile phone called DARREN MEADE's mobile phone 1503 times for a total of 279 hours, and sent DARREN MEADE's mobile phone 954 text messages. DARREN MEADE's SPRINT PCS mobile phone records for number (949) 357-6193 shows that through April 2012 and December 2013, DARREN MEADE called (602) 518-4357, which is a Leap Wireless (dba Cricket Wireless) believed to be ED MAGEDSON's phone, 366 times for a total of approximately 50 hours. ED MAGEDSON is the owner / operator of ROR. In this same timeframe DARREN MEADE sent Magedson 854 text messages. Also in this same timeframe, Magedson called DARREN MEADE 1,503 times for a total of 279 hours. In this same time, ED MAGEDSON sent DARREN MEADE 954 text messages. In addition to knowing the defamatory, harassing complaints, were patently false, DARREN MEADE and ED MAGEDSON / RIPOFF REPORT, crafted said complaints so the same would be highly visible in legitimate Google-type search results for the State's witnesses and / or their businesses. 104
  • 105. The most salacious, defamatory RIPOFF REPORT complaints about the State's witnesses, however, are made by anonymous and / or fictitious persons. The information contained in this application, however, demonstrates DARREN MEADE, ED MAGEDSON / RIPOFF REPORT, TRACEY RICHTER, and her family and friends are or know the identities of these anonymous authors and / or have colluded with them on some level. Example 1: RIPOFF REPORT complaints No. 1049232 and 1000888 contain the same photograph of State's witness Dr. John Pitman; the first was published by DARREN MEADE, and the latter by a "BRETT COLLINS." Example 2: The titles of all the RIPOFF REPORT complaints concerning the State's witnesses, although they appear nonsensical and choppy, are worded to maximize their visibility in results of legitimate internet searches for the same people / businesses. As noted earlier, this is the same method of labeling / titling RIPOFF REPORT complaints ED MAGEDSON and DARREN MEADE suggested private investigator Tina Church use to maximize the visibility of any RIPOFF REPORT complaints she may publish on their behalf. A cursory examination of the titles used in just a sampling of RIPOFF REPORT complaints demonstrates most are about consumer issues, not events not related to consumers and businesses, such as murder cases, and that the titles to most of these complaints read something like the following title pulled from a recently published RIPOFF REPORT complaint: "[COMPANY / BUSINESS NAME] DOES NOT BACK PRODUCT AND HAS NO VIABLE SUPPORT MECHANISM NATIONWIDE." Whereas the title of DARREN MEADE's RIPOFF REPORT complaint No. 1009000, published on February 7, 2013 is as follows: MILE2 MICHAEL ROBERTS REXXFIELD RAYMOND FRIEDMAN MARIE FRIEDMAN GRAPHIC DEPICTIONS OF CHILD MOLESTATION, CHILD TORTURE, EXACT RECIPES OF LIQUID EXPLOSIVES, PIPE BOMBS ILLICIT RECORDINGS, INTERNET Comparing the above-title with the one below for RIPOFF REPORT complaint No. 990368, which published by anonymous author "LOST BOY" leaves no doubt DARREN MEADE and "LOST BOY" are somehow connected, if not the same: MIKE ROBERTS MILE2 REXXFIELD.COM CHILD TORTURE AND CHILD PORNOGRAPHY, EXACT RECIPES FOR THE MANUFACTURE OF LIQUID EXPLOSIVES AND PIPE BOMBS, INTERNET Example 3: Communications between the above-named individuals obtained by law enforcement show that some of the personal / sensitive information contained in some of the RIPOFF REPORT complaints authored by these anonymous / fictitious persons, was given to DARREN MEADE by TRACEY RICHTER's friends / family. Example 4: The subject matter of these anonymous RIPOFF REPORT complaints closely follow TRACEY RICHTER's conversations about the same subject matter with ANNA RICHTER and her fiance, RUSSELL SCHERTZ. 105
  • 106. The evidence clearly shows that DARREN MEADE ED MAGEDSON / RIPOFF REPORT, and the anonymous authors (who the evidence demonstrates most likely are, or have some close association with DARREN MEADE and ED MAGEDSON / RIPOFF REPORT), have titled their harassing, defamatory RIPOFF REPORT complaints and their respective add-on comments / rebuttals to reach not only the "two million viewers per day" they bragged about, but more importantly, to friends love interests, prospective employers / customers, etc. who / which after conducting a legitimate / benign search result for one ofthe witnesses, would almost certainly find one of these RIPOFF REPORT complaints at the very top of the first page of the search result. Example: Today, June 26, 2014, SCA Smith searched "Marie and Raymond Friedman" using Google. Again, Marie and Raymond Friedman were two key State's witnesses. The first three search results for "Marie and Raymond Friedman" (the parentheses were not part of the search terms entered in Google) return links to RIPOFF REPORT complaints with the following titles: • MILE2 MICHAEL ROBERTS REXXFIELD RAYMOND FRIEDMAN MARIE FRIEDMAN GRAPHIC DEPICTIONS OF CHILD MOLESTATION, CHILD TORTURE, EXACT RECIPES OF LIQUID EXPLOSIVES, PIPE BOMBS ILLICIT RECORDINGS, INTERNET (RIPOFF REPORT No. 1009000) • MILE2 MICHAEL ROBERTS RAY FRIEDMAN CONSPIRE TO DEFRAUD MAJORITY PARTNER TRACEY RICHTER IN ORDER TO USE MILE2 TO STEAL GOVERNMENT [SIC] SECRETS VIA SOCIAL ENGINEERING AMAN BHAR, MATTHEW RAIKES, NICK DUMITRU, PAUL PORTELLI, WIKI LEAKS SOURCE, SOCIAL ENGINEERING UTILIZED AGAINST U.S. MILITARY, MARIE FRIEDMAN, HACKING OF MILITARY SECRETS, LIJIT NETWORKS TAMPA, FLORIDA (RIPOFF REPORT No. 980023) • The third result was a link to the search result within RIPOFF REPORT to the first of the three RIPOFF REPORT complaints listed here (No. 1009000) As mentioned earlier, on January 1, 2012 ED MAGEDSON wrote check No. 2498 for $2,500 to DARREN MEADE from the XCENTRIC VENTURES (dba RIPOFF REPORT), LLC bank account. The memo line of the check stated "[Public Relations] thru Feb 15, 2012". Evidently, the so-called public relations affected by DARREN MEADE since his engagement by ED MAGEDSON can only be described as a scorched-earth campaign against each and every State's witnesses. This includes literally hundreds of webpages, images, videos, or comments on websites that are not RIPOFF REPORT, that are conspicuously search-engine-optimized so as draw the viewer / reader back to defamatory, harassing RIPOFF REPORT complaints, to cause maximum damage to each State's Witness when the names or businesses are searched in Google or other search engines. In short, the reader / viewer of legitimate internet content, is almost always one click away from landing on one of the many RIPOFF REPORT complaints about the State's witnesses. 106
  • 107. Most telling, however, is the crux of the defamatory, harassing RIPOFF REPORT complaints published on RIPOFF REPORT by DARREN MEADE and ED MAGEDSON / RIPOFF REPORT center on the personal and professional lives of the four State's witnesses DARREN MEADE identified as being most responsible for TRACEY RICHTER's conviction (i.e., Dr. John Pitman, Mary Higgins, Marie Friedman, and Raymond Friedman) and thoughtful alternative theories ofthe TRACEY RICHTER's case. In fact, Jeremy Collins, the war (Iraq) wounded combat veteran, whose alleged involvement as the mysterious "second intruder" in the imagined home invasion, was the heart and soul of TRACEY RICHTER's defense theory. In fact, TRACEY RICHTER flopped around defense counsel's table, feigning terror, as the "second intruder," as Jeremy Collins entered the courtroom and made his way to the witness stand, which looking back, explains why TRACEY RICHTER's criminal defense attorneys covered TRACEY RICHTER's eyes when S C A Smith displayed a photograph of Jeremy Collins during a deposition, just a few weeks before her trial started. Regardless, in a recorded conversation between TRACEY RICHTER and one of the investigators back in 2002, TRACEY RICHTER (unknowingly) positively excluded Jeremy Collins as the second intruder. In the hundred-plus hours of audio recorded phone conversations and visits, S C A Smith only recalls TRACEY RICHTER mentioning / discussing Jeremy Collins one time, which was she told her mother to create the website www.JeremyCollins.com, in the hopes that Jeremy Collins would "freak out" and "just want things to go away." In the ten years that followed Dustin Wehde's murder, TRACEY RICHTER described the alleged second intruder as being Caucasian, Hispanic / Caucasian, and Middle Eastern. One time TRACEY RICHTER said the second intruder had worn a ski throughout the entire alleged home invasion. TRACEY RICHTER also described second intruder's height as being anywhere from 5'7" to 6'2". One time she described the alleged second intruder's build as being slender, but later described him as having a heavier physique. TRACEY RICHTER once told law enforcement that the second intruder was not strong enough to pick her up off the ground, another time she said he picked held her up off the ground to the point her feet were dangling. The fact that this narrative (Jeremy Collins as the second intruder) is largely ignored in DARREN MEADE's "investigation" and subsequent RIPOFF REPORT complaints and comments, which just so happen to target, on an unfathomable scale (1.8 million webpages viewed over a billion times), the professional and personal lives of the four State's witnesses DARREN MEADE identified as being most responsible for TRACEY RICHTER's conviction, is just one of many examples proving the RIPOFF REPORT complaints concerning the State's witnesses were created and published to harass and defame the State's witnesses for cooperating and testifying against TRACEY RICHTER, and not for any legitimate purpose. 107
  • 108. As for TRACEY RICHTER and ANNA RICHTER, the information contained in this affidavit demonstrates that, on multiple occasions, TRACEY RICHTER and ANNA RICHTER discussed creating derogatory websites about some of the State's witnesses to cause them "freak out" and "just want it all to go away" (Jeremy Collins). Additionally, the evidence shows that TRACEY RICHTER, ANNA RICHTER, and their friends and family provided DARREN MEADE and / ED MAGEDSON RIPOFF REPORT with the information (e.g., reports, photographs, and other sensitive information knowing DARREN MEADE and ED MAGEDSON / RIPOFF REPORT, they knew would be used in RIPOFF REPORT complaints concerning the State's witnesses. What the evidence also makes clear is that ANNA RICHTER has control over what DARREN MEADE and ED MAGEDSON publish on RIPOFF REPORT. As discussed earlier, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE intended to publish a derogatory RIPOFF REPORT complaint concerning the poor legal defense he (DARREN MEADE) believed they provided TRACEY RICHTER, but that ANNA RICHTER stopped him from doing such because, according to ANNA RICHTER, TRACEY RICHTER's criminal defense attorney(s) planned to admit to some level of ineffectiveness in TRACEY RICHTER's Post Conviction Relief proceedings. Also, in addition to paying DARREN MEADE, phone records show that from between April 2012 and December 2013, there were 120 phone calls made between DARREN MEADE's Sprint PCS mobile phone and ANNA RICHTER's Verizon Wireless phone No. (515) 401-8926, totaling approximately 43 hours of total talk time. Furthermore, your applicant cannot think of any reason why information about any of the State's witnesses CHILDREN (not referring to N.R. or M.R.) would be needed for any legitimate purpose having to do with TRACEY RICHTER's legal defense. E X T O R T I O N A person commits extortion if the person does any of the following with the purpose of obtaining for oneself or another anything of value, tangible or intangible, including labor or services, or conspires to do the same: threatens to inflict physical injury on some person, or to commit any public offense; threatens to accuse another of a public offense; threatens to expose any person to hatred, contempt, or ridicule; threatens to harm the credit or business or professional reputation of any person; threatens to take or withhold action as a public officer or employee, or to cause some public official or employee to take or withhold action; threatens to testify or provide information or to withhold testimony or information with respect to another's legal claim or defense; threatens to wrongfully injure the property of another. Extortion is a Class "D" Felony. IOWA C O D E § 711.4 (2013) 108
  • 109. During at least two prison visits between TRACEY RICHTER and ANNA RICHTER at the Iowa women's prison in Mitchellville, the two conspired to use BERT PITMAN to threaten to expose State's witness Dr. John Pitman to hatred, ridicule and contempt. Specifically, the two plotted to have BERT PITMAN tell Dr. John Pitman that unless Dr. John Pitman recanted and / or changed the testimony he gave in TRACEY RICHTER's murder trial (or in TRACEY RICHTER's own words "play ball"), TRACEY RICHTER, ANNA RICHTER, and / or BERT PITMAN would give Dr. John Pitman's wife, Lisa Pitman, personal, confidential, and sensitive information about Dr. John Pitman and his former girlfriend, Allisan Tucker, for Lisa Pitman to use against Dr. John Pitman in their pending divorce proceedings. The statements made by TRACEY RICHTER and ANNA RICHTER concerning their plan to extort Dr. John Pitman were not cherry-picked from a years worth of prison visits. The twenty or so prison visits that were recorded, occurred between February and March 2014. The recordings for half of the visits are not audible. TRACEY RICHTER and ANNA RICHTER discussed their "plan" to extort and harass Dr. John Pitman in four or five of the ten recordings that were audible. It is clear from ANNA RICHTER's and BERT PITMAN'S e-mail communications with ANNA RICHTER, specifically, his e-mail containing the letter he had ANNA RICHTER review before he personally handed the same to Dr. John Pitman, that ANNA RICHTER relayed TRACEY RICHTER's orders to BERT PITMAN, which would be an overt act in furtherance of the conspiracy, Also, ED MAGEDSON / RIPOFF REPORT agents / employees DARREN MEADE and / or YAGHOBI contacted Dr. John Pitman and offered to remove all RIPOFF REPORT complaints about him for $10,000, which were created and published by DARREN MEADE and ED MAGEDSON / RIPOFF REPORT, DARREN MEADE, ED MAGEDSON / RIPOFF extorted Dr. John Pitman. RIPOFF REPORT / XCENTRIC VENTURES' conduct bears a reasonable relation to a legitimate state interest, which is letting potential / future witnesses in Iowa feel they can come forward and give full (complete) and accurate testimony without fear of having their personal and professional lives destroyed by out-of-state cyber hitmen hired by, and / or working at the direction of the person against whom they are testifying. IOWA C O D E § 803.1 (2014) Furthermore, ED MAGEDSON / RIPOFF REPORT provided free advertising space on over 1.8 Million pages of his website to the TRACEY RICHTER and ANNA RICHTER who are Iowa residents, as consideration for their efforts in the conspiracy. Regardless, as discussed below, DARREN MEADE's and ED MAGEDSON's / RIPOFF REPORT'S extortion of Dr. John Pitman can be used to prove it or its agents have engaged in Ongoing 109
  • 110. Criminal Conduct / Specified Unlawful Activity, which is "any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable as an indictable offense under the laws ofthe state in which it occurred and under the laws of this state." IOWA C O D E § 706A.1(5) (2013) Additionally, as discussed earlier, the evidence strongly suggests RIPOFF REPORT and / or its agents or employees created defamatory RIPOFF REPORT complaints concerning Dr. Richard Weiss, Global Legal Resources, LLP, Westlake Financial Services, Payment Systems Corp, Dr. Gary Motykie, and Dr. Payam John Kahen, and then reached out to help them mitigate / correct the damage it appears RIPOFF REPORT and / or its agents or employees caused. OBSTRUCTING PROSECUTION "A person who, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, knowingly...makes available false evidence or furnishes false information with the intent that it be used in the trial of that case, or conspires to do the same, commits an aggravated misdemeanor. IOWA C O D E §§ 719.3, 706.1 (2013) In Iowa, an aggravated misdemeanor is an indictable offense. Iowa Const. Art. 1 § 11; IOWA C O D E § 903.1(2) (2013); Iowa Rule of Criminal Procedure 2.4(2) (2013) DARREN MEADE knowingly made available false evidence and / or furnished false information with the intent that said evidence / information be used in the proceedings following TRACEY RICHTER's murder conviction (e.g., direct appeal and Post Conviction Relief), when DARREN MEADE contacted SCA Smith in April 2012, and alleged he provided information to law enforcement in Iowa proving TRACEY RICHTER's second ex- husband, Michael Roberts, not TRACEY RICHTER, was responsible for Dustin Wehde's death. Because around the same time DARREN MEADE supposedly contacted law enforcement in Iowa, DARREN MEADE was conspiring with two convicted felons to publicly accuse Michael Roberts of attacking his wife, TRACEY RICHTER, to "pressure" and coerce Michael Roberts into handing his business, Rexxfield, over to DARREN MEADE and his felonious "partners." Despite this, after DARREN MEADE learned the convicted felons had cut him out of their criminal enterprise and began his frenzied whistleblowing campaign, he and Michael Roberts, for a brief time, enjoyed amicable relationship, which lasted up until October 28, 2011 (five days into TRACEY RICHTER's murder trial), when Michael Roberts refused to give DARREN MEADE money. DARREN MEADE has told law enforcement and news media that back in 2010, Michael Roberts provided DARREN MEADE information that implicated him in Dustin Wehde's n o
  • 111. murder and / or would serve to exonerate TRACEY RICHTER. For example, in his September 9, 2012, RIPOFF REPORT complaint No. 938843, DARREN MEADE claimed Michael Roberts showed DARREN MEADE the crime scene photographs back in 2010. However, as discussed earlier, according to e-mail communications between DARREN MEADE and his convicted felon partner, ADAM ZUCKERMAN, shows that DARREN MEADE did not even know about Dustin Wehde's murder until 2011. TRACEY RICHTER's mother, ANNA RICHTER, and TRACEY RICHTER's fiance, RUSSELL SCHERTZ, were aware of DARREN MEADE's aforementioned efforts, as DARREN MEADE copied them both in on his (DARREN MEADE's) e-mails to SCA Smith. Phone records show that both ANNA RICHTER and RUSSELL SCHERTZ communicated with DARREN MEADE before he (DARREN MEADE) provided the false information / evidence about Michael Roberts to S C A Smith. Most telling, however, is that in August 2011, RUSSELL SCHERTZ, and possibly ANNA RICHTER, believed DARREN MEADE to be "unstable" and crazy, and planned to use Michael Roberts's then-amicable association with DARREN MEADE against Michael Roberts in TRACEY RICHTER's custody proceedings. In fact, on or around August 26, 2011, RUSSELL SCHERTZ and TRACEY RICHTER discussed DARREN MEADE's February 2011 e-mails to convicted felon ADAM ZUCKERMAN, in which DARREN MEADE threatened to use a 9mm to intimidate Michael Roberts' employee with a 9mm pistol and suggested that he and his other felonious partners should publicly accuse Michael Roberts of child molestation and attempting to kill TRACEY RICHTER all for the purpose of pressuring and intimidating Michael Roberts into surrendering his company. Despite knowing where DARREN MEADE had been and what he was capable of doing, RUSSELL SCHERTZ, ANNA RICHTER, TRACEY RICHTER, and others provided DARREN MEADE with information and documents knowing he planned to use the same to attack the State's witnesses on RIPOFF REPORT. There is only one reason why DARREN MEADE would provide false exculpatory evidence to the prosecutor responsible for convicting TRACEY RICHTER is that it be used in TRACEY RICHTER's then-pending direct appeal, and subsequent PCR to obtain a new trial. The specific allegations DARREN MEADE made against Michael Roberts in his communications to SCA Smith, if not pure fiction, would / could undermine the / a juries' decision to convict TRACEY RICHTER for murder. SOLICITATION A person solicits another person to commit a felony or aggravated misdemeanor when the person commands, entreats, or otherwise attempts to persuade the other person to commit a particular felony or aggravated misdemeanor, with the intent that such act be done and i n
  • 112. under circumstances which corroborates that intent by clear and convincing evidence. A person who solicits another person to commit a felony of any class commits a class "D" felony. A person who solicits another person to commit an aggravated misdemeanor commits an aggravated misdemeanor. IOWA C O D E § 705.1 (2013) It would be easier to list the phone and prison conversations between TRACEY RICHTER and ANNA RICHTER in which TRACEY RICHTER did not solicit ANNA RICHTER and others to commit and / or aid and abet an indictable offense and / or conspire to do the same in some way or another. O N G O I N G C R I M I N A L C O N D U C T It is unlawful for a person to commit, or conspire to commit specified unlawful activity as defined in section 706A.1. IOWA C O D E § 706A.2(4) (2013). "Specified unlawful activity" means any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable as an indictable offense under the laws ofthe state in which it occurred and under the laws of this state. IOWA C O D E § 706A.1(5) A person who engages in "Specified unlawful activity" commits a class "B" felony. IOWA C O D E § 706A.4 (2013). The maximum sentence for any person convicted of a class "B" felony shall be confinement in prison for no more than twenty-five years. IOWA C O D E § 703.1 (2013) All the above-mentioned crimes are indictable offenses. The following demonstrates said crimes were committed for financial gain on a continuing basis: DARREN MEADE has been obstructing the State's prosecution of TRACEY RICHTER and has been tampering with the State's witness beginning as early as January 2012, through as recently as June 2014, and has been paid by ED MAGEDSON / RIPOFF REPORT and ANNA RICHTER to do such. DARREN MEADE, along with others, from June 2010, through February 2011, embezzled over one million dollars from Progenex. Embezzlement or theft is punishable as an indictable offense under the laws of the state of California and Iowa. IOWA C O D E 714.1 (2013) Information obtained by law enforcement coupled with DARREN MEADE's own admissions, including DARREN MEADE's May 9, 2012, e-mail to SCA Smith in which he wrote that he was receiving Supplemental Security Income (SSI) (proving he had a medical and financial obstacles preventing him from testifying before the Sac County Grand Jury), demonstrates that DARREN MEADE has been / is using the California Department of Healthcare Services (DHCS) (California Medicaid), which means he probable never disclosed the $80,000-plus 112
  • 113. paid to him by RIPOFF REPORT from December 2011 through April 2014, or the thousands of dollars paid to him by convicted felon ADAM ZUCKERMAN to harass and defame a witness online back in 2010. In a February 2, 2011, e-mail to one of his felonious partners, DARREN MEADE wrote the following: "An FYI, the reason I keep my pay and things under raps is that I lost health insurance when everything happened. In order to keep it I can never have more than $800.00 in any bank account." ED MAGEDSON / RIPOFF REPORT, as noted earlier in this affidavit, derive financial benefit and income by selling advertisement space on RIPOFF REPORT and through its "Corporate Advocacy Program" and its "Verified" program, both of which are expensive services provided solely by RIPOFF REPORT. An analysis of Ripoffreport.com revenue and bank records since 2011, suggests that between $5,000 to $10,000 per month worth of advertising is being provided by ED MAGEDSON / RIPOFF REPORT and DARREN MEADE to TRACEY RICHTER, ANNA RICHTER, and TRACEY RICHTER's followers. The real value of this advertising space could be considerably higher, but, absent a comprehensive accounting, only a baseline estimate can be provided. As mentioned above, on January 8, 2013, ED MAGEDSON told private investigator Tina Church, "All I want.. I want to do is anything that helps free Tracey - I am willing to featuring articles and place advertisements for the cause on my website (www.RipOffReport.com). Since September 9, 2012, ED MAGEDSON / RIPOFF REPORT inserted DARREN MEADE's RIPOFF REPORT complaint No. NUMBER as a "featured report" on all its 1.8 million webpages / complaints. While creating the above-mentioned RIPOFF REPORT complaint with journalist Glenn Puit, ED MAGEDSON told DARREN MEADE that Glenn Puit's complaint would not be published on RIPOFF REPORT as a featured report because it provided "NO BENEFIT TO RIPOFF REPORT." Thus, by negative implication, DARREN MEADE's September 9, 2012, RIPOFF REPORT complaint (No. 938843), and its rebuttals / add-on complaints, which has been a featured report on RIPOFF REPORT since September 9, 2012, benefit ED MAGEDSON / RIPOFF REPORT. Additionally, information obtained by law enforcement shows that ED MAGEDSON / RIPOFF REPORT is using the buzz generated by his and DARREN MEADE RIPOFF REPORT complaints about the State's witnesses to raise money for TRACEY RICHTER's legal defense. Specifically, on February 28, 2014, during a prison visit, ANNA RICHTER told TRACEY RICHTER that one of her two new attorneys said TRACEY RICHTER and ANNA RICHTER needed to create a trust fund for the money donated to TRACEY RICHTER for her legal defense / Post Conviction Relief (PCR) proceedings, because the attorney did not want S C A Smith to garnish these funds. ANNA RICHTER said TRACEY RICHTER's attorney said she did not want S C A Smith to garnish these funds. Furthermore, 113
  • 114. the evidence suggests that ED MAGEDSON hired a former RIPOFF REPORT attorney to help TRACEY RICHTER and ANNA RICHTER. In Iowa "a public or private corporation, partnership, or other voluntary association shall have the same level of culpability as an individual committing the crime when any of the following is true: The conduct constituting the offense consists of an omission to discharge a specific duty or an affirmative performance imposed on the accused by law. The conduct or act constituting the offense is committed by an agent, officer, director, or employee of the accused while acting within the scope of the authority of the agent, officer, director or employee and in behalf of the accused and when said act or conduct is authorized, requested, or tolerated by the board of directors or by a high managerial agent. "High managerial agent" means an officer ofthe corporation, partner, or other agent in a position of comparable authority with respect to the formulation of policy or the supervision in a managerial capacity of subordinate employees." IOWA C O D E § 703.5 (2013) The above-listed crimes were committed with the intent to produce detrimental effects within Iowa, and the subject(s) actions did produce detrimental effects within Iowa. Witness Tampering is an indictable offense. Iowa Code § 708.7(1) (2013); Iowa Code § 720.4 (2013); I.A. Const, art. I, § 11; IOWA C O D E § 903.1(2) (2013); Iowa R. Crim. P. 2.4(2); IOWA C O D E § 803.1 (2013) After ED MAGEDSON / RIPOFF REPORT and DARREN MEADE learned that SCA Smith had their mobile phone records and DARREN MEADE's deposition, which would have been around July 2012, and was actively investigating them for witness tampering, rather than cease and desist from their defamatory publications, a little over a month after learning of SCA Smith's investigation, ED MAGEDSON / RIPOFF REPORT and DARREN MEADE intensified their criminal actions by publishing false information about the State's witnesses and SCA Smith, with a photograph of SCA Smith on each of the 1.8 million RIPOFF REPORT pages as one of its "featured reports (which, according to ED MAGEDSON and DARREN MEADE, benefits RIPOFF REPORT)," which was done to intimidate SCA Smith into ending his investigation of RIPOFF REPORT employee / agent DARREN MEADE's aforementioned ongoing criminal conduct and to manufacture a preemptive legal defense (i.e., that SCA Smith's investigation of ED MAGEDSON / RIPOFF REPORT and DARREN MEADE was retaliatory in nature and in violation of their civil rights). Ironically, the continuance and escalation of these deliberate actions created an undeniable duty compelling SCA Smith - the chief law enforcement officer of Sac County - to take decisive steps to terminate the malignant precedent that will be created by allowing the actions of not only these individuals, but potential imitators as well, to forever impair the efficient pursuit of criminal justice in Sac County. Ignoring the obvious potential injury to our criminal justice 114
  • 115. system would be a breach of SCA Smith's duties to the State's witnesses and the citizens of Sac County. No greater threat to our criminal justice system exists than allowing convicted, incarcerated murderers (criminals), and their friends and family, to destroy the livelihoods and personal reputations of the people brave enough to testify against them in open court. Considering the foregoing, specifically, the extent to which these witnesses have been damaged socially and professionally by TRACEY RICHTER, ANNA RICHTER, DARREN MEADE, ED MAGEDSON and others, your applicant doubts few, if any of the State's witnesses, if given the option to do it again, would come forward and give full, accurate testimony against TRACEY RICHTER. In fact, many have expressed as much. The information contained herein gives your applicant reason to believe that as TRACEY RICHTER's chances for a new trial decrease, the more drastic her and her family's and friends' actions will become. As mentioned above, TRACEY RICHTER and ANNA RICHTER have already identified the WEAKEST juror. Your applicant fears it is only a matter of time before the jurors who convicted TRACEY RICHTER will join the State's witnesses on RIPOFF REPORT or will face other like-retaliation. SUMMARY OF RELEVANT TECHNOLOGY Information contained in the electronic storage devices ("electronic files"), such as computers, iPads, smartphones, etc. can be recovered months or even years after it has been downloaded, deleted or viewed via the internet. Such information may include computer applications, images, text, programs, encryption routines and algorithms, or other data that may be decoded, reconstituted, or otherwise manipulated to produce, utilize, transmit, receive, encrypt, encode, or display such images, text, programs, encryption routines, and algorithms. Electronic files downloaded to a hard drive I electronic storage device can be stored for years at little or no cost. Even when files have been deleted, they can be recovered months or years later using readily available forensics tools. This is so because when a person "deletes" a file on most electronic storage devices, the data contained in the file does not actually disappear; rather, that data remains until it is overwritten by new data. Therefore, deleted files, or remnants of deleted files, may reside in free space or slack space-that is, in space on the hard drive I digital storage device that is not currently being used by an active file-for long periods of time before they are overwritten. In addition, in many instances the operating system for a computer I digital storage device may also keep a record of deleted data in a "swap" or "recovery" file. 115
  • 116. The Internet is a global network of computers and other electronic devices that communicate with each other. Files that have been viewed via the Internet are typically automatically downloaded into a temporary Internet directory or "cache." The internet browser often maintains a fixed amount of hard drive space devoted to these files, and the files are only overwritten as they are replaced with more recently viewed Internet pages or if a user takes steps to delete them. An Internet Protocol address (or simply "IP address") is a unique numeric address used by computers on the Internet. An IP address looks like a series of four numbers, each in the range 0-255, separated by periods (e.g., 121.56.97. 178). Every computer attached to the Internet computer must be assigned an IP address so that Internet traffic sent from and directed to that computer may be directed properly from its source to its destination. Most Internet service providers control a range of IP addresses. Some computers have static-that is, long-term-IP addresses, while other computers have dynamic-that is, frequently changed-IP addresses. Law enforcement can often find out a particular ISP using an IP address, and given the date and lime the IP address was used.'the ISP typically can identify the account holder by name and physical address. Peer to peer file sharing ("P2P") is a method of communication available to Internet users through the use of special software. P2P software allows users to trade digital files through worldwide networks of computers. Several different software applications can be used to access these networks, but these applications operate in a similar manner. To access the P2P networks, a user first obtains the P2P software, which can be downloaded from the Internet. This software is used exclusively for the purpose of sharing digital files. When the P2P software is installed on a computer, the user is directed to specify a folder that will contain files available to anyone on the world wide network for download ("shared folder"). A user obtains files by conducting keyword searches of the P2P network. When a user initially logs onto the P2P network, a list ofthe files that the user is sharing is transmitted to the network. The P2P software then matches files in these file lists to keyword search requests from other users. A user looking to download files simply conducts a keyword search, and the results of the keyword search are displayed. The user then selects file(s) which he or she wants to download. The download of a file is achieved through a direct connection between the computer requesting the file and the computer(s) hosting the file. Once a file has been downloaded, it is stored in the area previously designated by the user and will remain there until moved or deleted. Most P2P software applications keep logs of each download event. A P2P file transfer is assisted by reference to an Internet Protocol (IP) address, which is a unique numeric address used by computers on the Internet. Searching for information stored in computers often requires agents to seize most or all 116
  • 117. electronic storage devices to be searched later by a qualified computer expert in a laboratory or other controlled environment. This is often necessary to ensure the accuracy and completeness of such data, and to prevent the loss of the data either from accidental or intentional destruction. Additionally, computers and other electronic storage devices can store the equivalent of millions of pages of information. Also, a suspect may try to conceal criminal evidence; he or she might store it in random order with deceptive file names. This may require searching authorities to peruse all the stored data to determine which particular files are evidence or instrumentalities of crime. This sorting process can take weeks or months, depending on the volume of data stored, and it would be impractical and invasive to attempt this kind of data search on-site. For all the reasons discussed in this numbered paragraph, your applicant requests permission to copy the hard drive(s) or its equivalent for each ofthe electronic storage devices seized from ANNA RICHTER's residence. Searching computer systems for criminal evidence sometimes requires highly technical processes requiring expert skill and properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some systems and applications, so it is difficult to know before a search which expert is qualified to analyze the system and its data. In any event, however, data search processes are exacting scientific procedures designed to protect the integrity of the evidence and to recover even "hidden," erased, compressed, password- protected, or encrypted files. Because computer evidence is vulnerable to inadvertent or intentional modification or destruction (both from external sources or from destructive code imbedded in the system as a "booby trap"), making copies of the hard drives of the electronic storage devices may be necessary to safeguard against any loss (inadvertent or otherwise) as a result of the foregoing. Searching computer systems for the evidence described below may require a range of data analysis techniques. In some cases, it is possible for agents and analysts to conduct carefully targeted searches that can locate evidence without requiring a time-consuming manual search through unrelated materials that may be commingled with criminal evidence. In other cases, however, such techniques may not yield the evidence described in the warrant. Criminals can mislabel or hide files and directories, encode communications to avoid using key words, attempt to delete files to evade detection, or take other steps designed to frustrate law enforcement searches for information, such as deleting web browser history. These steps may require agents and law enforcement or other analysts with appropriate expertise to conduct more extensive searches, such as scanning areas of the disk not allocated to listed files, or peruse every file briefly to determine whether it falls within the scope of the warrant In light of these difficulties, the DCI intends to use whatever data analysis techniques appear necessary to locate and retrieve the evidence described 117
  • 118. below. Dropbox is a file hosting service operated by Dropbox, Inc., headquartered in San Francisco, California, that offers cloud storage, file synchronization, and client software. Dropbox allows users to create a special folder on each of their computers, which Dropbox then synchronizes so that it appears to be the same folder (with the same contents) regardless of which computer is used to view it. Files placed in this folder also are accessible through a website and mobile phone applications. The Dropbox client enables users to drop any file into a designated folder that is then synchronized with Dropbox's Internet service and to any other of the user's computers and devices with the Dropbox client. Users may also upload files manually through a web browser. Dropbox client supports synchronization and sharing along with personal storage. It supports revision history, so files deleted from the Dropbox folder may be recovered from any ofthe synced computers. Dropbox supports multi-user version control, enabling several users to edit and re-post files without overwriting versions. The version history is paired with the use of delta encoding technology. When a file in a user's Dropbox folder is changed, Dropbox only uploads the pieces ofthe file that are changed when synchronizing, when possible. Your affiant has been a Dropbox account holder for over 2 years and knows that registering and using the Dropbox is facilitated almost by the Dropbox Inc. account holder's email account. Your affiant is aware of only one email account used by ANNA RICHTER, which is the YAHOO! Inc. email address identified above. In my research and experience, I have learned that YAHOO! INC. provides a variety of on- line services, including electronic mail ("email") access, instant messaging, and other electronic communication services to the general public. Subscribers obtain an account by registering with YAHOO! INC.. During the registration process, YAHOO! INC. asks subscribers to provide basic personal information. Therefore, the computers of YAHOO! INC. are likely to contain stored electronic communications (including retrieved and non- retrieved email for YAHOO! INC. subscribers) and information concerning subscribers and their use of YAHOO! INC. services, such as account access information, email transaction information, and account application information. As discussed earlier, ANNA RICHTER has / had a YAHOO! INC. e-mail account (anna_richter2003@yahoo.com), which she had used as recently as May 17, 2014, and that search warrant for all e-mails in the account issued to YAHOO! INC. returned nothing. In general, an email that is sent to a YAHOO! INC. subscriber is stored in the subscriber's 118
  • 119. "mail box" on YAHOO! INC. servers until the subscriber deletes the email. If the subscriber does not delete the message, the message can remain on YAHOO! INC. servers indefinitely. When the subscriber sends an email, it is initiated at the user's computer, transferred via the Internet to YAHOO! INC.'s servers, and then transmitted to its end destination. YAHOO! INC. often saves a copy of the email sent. Unless the sender of the email specifically deletes the email from the YAHOO! INC. server, the email can remain on the system indefinitely. Instant messaging (IM) is a type of online chat which offers real-time text transmission over the Internet where short messages are typically transmitted bi-directionally between two parties, when each user chooses to complete a thought and select "send." A YAHOO! INC. subscriber can also store files, including emails, address books, contact or buddy lists, pictures, and other files, on servers maintained and / or owned by YAHOO! INC.. As per YAHOO! INC. policy, chat history including IP address information (logging) is stored on YAHOO! INC. servers. Subscribers to YAHOO! INC. might not store on their home computers copies ofthe emails stored in their YAHOO! INC. account. This is particularly true when they access their YAHOO! INC. account through the web, or if they do not wish to maintain particular emails or files in their residence. In general, email providers like YAHOO! INC. ask each of their subscribers to provide certain personal identifying information when registering for an email account. This information can include the subscriber's full name, physical address, telephone numbers and other identifiers, alternative email addresses, and, for paying subscribers, means and source of payment (including any credit or bank account number). Email providers typically retain certain transactional information about the creation and use of each account on their systems. This information can include the date on which the account was created, the length of service, records of log-in (i.e., session) times and durations, the types of service utilized, the status of the account (including whether the account is inactive or closed), the methods used to connect to the account (such as logging into the account via YAHOO! INC.'s website), and other log files that reflect usage of the account. In addition to the foregoing, email providers often have records of the Internet Protocol address ("IP address") used to register the account and the IP addresses associated with particular logins to the account. Because every device that connects to the Internet must use an IP address, IP address information can help to identify which computers or other devices were used to access the email account. 119
  • 120. Further, in some cases, email account users will communicate directly with an email service provider about issues relating to the account, such as technical problems, billing inquiries, or complaints from other users. Email providers typically retain records about such communications, including records of contacts between the user and the provider's support services, as well records of any actions taken by the provider or user as a result of the communications. A search warrant issued to YAHOO! INC. on May 23, 2013, for e-mails in ANNA RICHTER's yahoo e-mail account returned nothing (i.e., as of May 23, 2013, there were no e-mails for anna_richter2003@yahoo.com stored on YAHOO! INC. servers), which suggests she has downloaded them from Yahoo! Inc.'s servers, onto her computer. SIGNED and DATED July 2014. BEN SMITH SAC COUNTY ATTORNEY 120
  • 121. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE SEARCH WARRANT APPLICATION: RESIDENCE AT 4221 155™ STREET, ATTACHMENT A URBANDALE, IOWA 50323 PLACES AND THINGS TO BE SEARCHED BY THE GOVERNMENT This warrant applies to information associated with the following items and their (digital) contents located at ANNA RICHTER's residence at 4221 155™ STREET, URBANDALE, IOWA 50323, all computers, portable hard drives, data DVDs, USB flash drives (NOT TO INCLUDE mobile phones / smartphones) and the digital files, folders, and other digital documents / information contained in said items. 121
  • 122. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE SEARCH WARRANT APPLICATION: RESIDENCE AT 4221 155™ STREET, ATTACHMENT B URBANDALE, IOWA 50323 ITEMS AND INFORMATION TO BE SEIZED BY THE GOVERNMENT All information contained on the electronic storage devices, computers (laptops or towers), flash drives (USB drives), data DVDs, described in Attachment A and to seize information contained in said electronic storage devices that constitute fruits, evidence, and instrumentalities of the criminal violations outlined in the Affidavit to the Search Warrant Application ("Affidavit"), which is attached hereto and is incorporated herein by reference. Specifically, and among other things, law enforcement shall seize any and all communications to or from the individuals identified in the Affidavit that concern or relate to the crimes alleged in the Affidavit, and all documents, records, communications, correspondence, notes, e-mails, addresses or contacts, text messages, instant messages, chats, Internet history, records of internet activity, time indicators, text message logs, instant message logs, other logs, user profiles for social media, visual depictions, audio files, and all other data relating to the crimes and conduct alleged in the Affidavit, including but NOT limited to the information listed below, as well as and all evidence capable of demonstrating or leading to further discovery of the same information: 1. All files and information contained in any and all of the electronic storage devices that were discussed / mentioned by ANNA RICHTER and the other individuals or that relate to the crimes and conduct alleged in the Affidavit, including any such files located in a Dropbox or similar program / file on any of the electronic storage devices, used to transfer / store documents and other information between ANNA RICHTER and ED MAGEDSON / RIPOFF REPORT, DARREN MEADE and the others named / described in the Affidavit. 2. All e-mail communications between ANNA RICHTER and the individuals identified in the Affidavit, which relate to and / or corroborate the facts contained in the Affidavit and / or that are described or specifically identified in the Affidavit. Said e-mail 122
  • 123. communications shall include those mentioned in the Affidavit and / or those which relate to the crimes and conduct alleged in the Affidavit. 123
  • 124. DISTRICT COURT OF IOWA SAC COUNTY FILED ZOIUUL-9 AM 8: 09 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE ENDORSEMENT ON SEARCH WARRANT RESIDENCE AT 4221 155™ STREET, APPLICATION URBANDALE, IOWA 50323 This matter came before the Court on the government's search warrant application. In issuing the search warrant, the undersigned relied upon the sworn testimony of Sac County Attorney Ben Smith, together with the statements and information contained in the application and any attachments thereto, and finds such information demonstrates probable cause, and therefore, I do issue the warrant. 124
  • 125. CuUiO UF IOWA * FILED IN THE IOWA DISTRICT COURT IN AND FOR SAC COllfijTY^" (Magistrate Division) -9 8:09 IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 155™ STREET, URBANDALE, IOWA 50323 SEARCH WARRANT: TO ANY P E A C E OFFICER IN THE STATE OF IOWA TO ANY PEACE OFFICER IN THE STATE OF IOWA Based on sworn application made to the Court, I have found that probable cause exists to believe that at the place [and on the person(s) and in the vehicle(s)] described as follows: Included in the described location are any and all rooms, attics, basements, and other parts therein, the surrounding grounds, any garages, storage rooms, trash containers, and outbuildings of any kind located thereon connected to occupants or permanent residents of 4221 155™ STREET, URBANDALE, IOWA 50323 Any vehicles parked directly on the property or in the street in front of or nearby or adjacent to the above-identified location, provided that said vehicles can be specifically connected to occupants or permanent residents of the location to be searched prior to searching said vehicles. Any and all persons found on the premises at the time the warrant is executed to include: ANNA RICHTER and / or DONNA BISTRICAN In Urbandale, Iowa (Polk County), there is now certain property namely the items identified in Attachments A and B to the Search Warrant Application, and that said property / information is property / information used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered, and / or is property relevant and material as evidence in a criminal prosecution. THEREFORE, you are hereby commanded to make immediate search of the described place [and person(s) and vehicle(s)] for the specified property; to seize the specified property, if found, leaving a receipt for the seized property at the place of the search; to prepare a written inventory of the property seized; to return this warrant together with the written inventory; and to bring the seized property before me. IT IS FURTHER ORDERED that the content of messages / copies of items on the electronic storage devices, described in Attachments A that are not seized pursuant to Attachment B SHALL BE KEPT CONFIDENTIAL and law enforcement SHALL DESTROY (or return the 125
  • 126. items), and make a sworn return ofthe same to this Court to be filed at a reasonable time after the written inventory and seizure return described in the paragraph above are filed following the execution of this warrant. ORDERED and DATED July 2014. MA i ISTRATE / J DCGE 126
  • 127. 0lslR, sc IcC0 cST°rFI0WA FILED IN THE IOWA DISTRICT COURT IN AND FOR SAC C O ? J N W (Magistrate Division) UL-9 AH 8: 09 IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 1 5 5 T H STREET, URBANDALE, IOWA 50323 SEARCH WARRANT: SEARCH WARRANT RETURN TO Being duly sworn, I, the undersigned, say that I directed Iowa Division of Criminal Investigation Special Agent Jagat Sandhu to execute the attached search warrant and that SA Sandhu informed the undersigned tbat-the attached receipt contains a complete inventory ofthe property seized pursuant to the waVam BEN SMITH SAC COUNTY ATTORNEY SUBSCRIBED and SWORN July ___ , 2014. 127
  • 128. ¥:*:;:;: K.'s^ of Public Safety :^v;^v-i;:; :; :: ^ CASE NO. ) Received from /-IjQtfri "fl cif 7'&/? (Name) (Street) (City) (County) this $ ' f h day of — y ^ L y , 20 / V , at ^ - Z o a.m./^^> the following described property/^)-J?LtACJe i:A>S/?*rfo*t!). Kt*ip<c &y 'D#LJ fi> Jg f 0 Of _A-a„> ( A)<?#$0 fo&gjJ JOSSAW } ft) P 6 L Q 6 # C c r t n r / ? ~ n c^ Z S O P - "T-Z-U _T 0) Q&& /V Git. #tx/t>a LU* »9 VH'Z #4 & C, ( f t /^s^bnt-v />/Ai X to < & [)M 7>/i*i/G CD TrZM <t?L< ) flirt UP /.?/? ^ / ( ^ ^ / / ^ i IP -Ds/-nsC. JL m , _ */«-ru VA) t , fotsL<3CQ£» 1 Received from: Received by: Received from: Received by: Received from: Received by: Received from: Received by: Signature Signature Signature Signature Signature Signature Date Date Date Date Date Date Date DCI-13 revised 8/27/07 Page _ Date .pages
  • 129. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY ROBERTS Plaintiff, v. ANNA RICHTER Defendant. Case No.: SWSW000222 NOTICE OF APPEARANCE COMES NOW, the undersigned attorney and by this Notice, hereby enters his/her appearance on behalf of the above-named Defendant. Respectfully submitted, /s/ Julia A. Ofenbakh__________ Julia A. Ofenbakh AT0010124 Ofenbakh Law Firm, PLLC 541 31st Street Suite C Des Moines, IA 50311 Telephone: (515) 868-0088 Facsimile: (515) 963-5370 julia@ofenbakhlaw.com ATTORNEY FOR DEFENDANT E-FILED 2014 JUL 15 2:30 PM SAC - CLERK OF DISTRICT COURT
  • 130. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE Plaintiff, v. ANNA RICHTER Defendant. Case No.: SWSW000222 MOTION FOR PROTECTIVE ORDER AND REQUEST FOR IN-CHAMBER REVIEW OF EVIDENCE COMES NOW, by and through counsel, Anna Richter, and pursuant to Iowa R. Crim. P. 2.14, in support of her motion for protective order and request for in-chamber review of evidence, states: 1. On or about July 9, 2014 a warrant was issued for the seizure of the Defendant’s computer and external storage devices (“flash drives”). 2. Defendant’s computer and flash drives contain correspondence between Defendant and Defendant’s counsel, Julia Ofenbakh, as well as correspondence with other employees in the law office. 3. This correspondence is protected by attorney-client privilege as defined by Iowa R. Evid. 5.502. 4. The court may limit or deny discovery or inspection if it is likely that the discovery will result in the disclosure of privileged information. Iowa R. Crim. P. 2.14(6)(a)(3). 5. The reviewing of the contents of the computer and flash drives will reveal with 100% certainty communication between the Defendant and Defendant’s counsel. E-FILED 2014 JUL 15 2:30 PM SAC - CLERK OF DISTRICT COURT
  • 131. WHEREFORE, Defendant respectfully requests the contents of the computer and the flash drives be reviewed in-chamber to protect privileged communication between Defendant and her counsel. Respectfully submitted, /s/ Julia A. Ofenbakh__________ Julia A. Ofenbakh AT0010124 Ofenbakh Law Firm, PLLC 541 31st Street Suite C Des Moines, IA 50311 Telephone: (515) 868-0088 Facsimile: (515) 963-5370 julia@ofenbakhlaw.com ATTORNEY FOR DEFENDANT E-FILED 2014 JUL 15 2:30 PM SAC - CLERK OF DISTRICT COURT
  • 132. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE Plaintiff, v. ANNA RICHTER Defendant. Case No.: SWSW000222 MOTION TO EXPUNGE SEARCH WARRANT COMES NOW, by and through counsel, Anna Richter, in support of her Motion to Expunge Search Warrant, states: FACTS 1. On or about July 9, 2014 a warrant was issued for the seizure of the Defendant’s computer and external storage devices (“flash drives”). 2. The warrant was issued in Sac County. 3. Iowa Code 808.3 protects citizens from search and seizure without probable cause. Probable cause cannot be granted without a crime, and the existence of the crime cannot be investigated by the County Attorney without proper jurisdiction. 4. The Defendant is currently a resident of Polk County Iowa. WITNESS TAMPERING 5. The warrant application alleges that Defendant has participated in witness tampering against witnesses who cooperated with State’s case in the Defendant’s daughter’s murder trial. 6. These witnesses include: (1) Dr. John Pitman, a resident of Virginia, (2) Raymond and Marie Friedman, residents of Florida, and (3) Mary Higgins, a resident of Sac County. 7. Sac County Attorney and magistrate do not have jurisdiction over Dr. John Pitman, OR Raymond and Marie Friedman, because they not a residents of Sac County or Iowa. Any E-FILED 2014 JUL 17 2:26 PM SAC - CLERK OF DISTRICT COURT
  • 133. alleged witness tampering which Defendant may have done to them is improperly included in the warrant application. EXTORTION 8. The warrant application alleges that Defendant has participated in Extortion against Dr. John Pitman, one of the previously mentioned witnesses who cooperated with State’s case in the Defendant’s daughter’s murder trial. 9. As previously stated, Dr. John Pitman resides in Virginia. County Attorney and magistrate do not have jurisdiction over residents of another state. 10. Any alleged extortion which Defendant may have committed is improperly included in the warrant application. OBSTRUCTING PROSECUTION 11. The warrant application alleges that Defendant has participated in obstructing prosecution. 12. The allegations state that Darren Meade knowingly provided false information to the prosecution, and that Defendant did nothing except allegedly have “awareness” of Darren Meade’s actions. 13. In determining whether probable cause has been established for the issuance of a search warrant, the test is whether a person of reasonable prudence would believe a crime was being committed on the premises to be searched or evidence of a crime could be located there. State v. Seager, 341 N.W.2d 420 (Iowa 1983); State v. Post, 286 N.W.2d 195, 199 (Iowa 1979); State v. Iowa District Court, 247 N.W.2d 241, 245 (Iowa 1976); State v. Bean, 239 N.W.2d 556, 559-60 (Iowa 1976). 14. Defendant “being aware” of Darren Meade’s behavior does not suggest obstructing the prosecution is being committed by Defendant and that evidence of this is contained on her computer or flash drives. Warrant application simply alleges that Defendant knew Darren Meade had e-mailed the prosecution at some point in time. 15. Any alleged prosecution obstruction which Defendant may have committed is improperly included in the warrant application for a lack of probable cause. E-FILED 2014 JUL 17 2:26 PM SAC - CLERK OF DISTRICT COURT
  • 134. SOLICITATION 16. In alleging solicitation, the warrant application states: “It would be easier to list the phone and prison conversations between TRACEY RICHTER and ANNA RICHTER in which TRACEY RICHTER did not solicit ANNA RICHTER and others to commit and / or aid and abet an indictable offense and / or conspire to do the same in some way or another.” 17. Simply stating that alleged solicitation happens frequently is not enough to establish probable cause that solicitation is being committed by Defendant and that evidence of it would be on her computer or flash drives. 18. Additionally, a lack of jurisdiction exists so long as County Attorney fails to list specific residents of his county that have been subject to the alleged solicitation. 19. Any alleged solicitation which Defendant may have committed is improperly included in the warrant application for a lack of probable cause and jurisdiction ONGOING CRIMINAL CONDUCT 20. In the warrant application, County Attorney cites Iowa Code § 706A.2(4) (2013) which states, "specified unlawful activity" means any act, including any preparatory or completed offense, committed for financial gain on a continuing basis. . .” 21. While the warrant application is elaborate and includes in great detail the financial dealings of Darren Meade and Ed Magedson, it includes no information as to how Defendant herself is continuing to commit actions for financial gain. The fact that she simply knows Darren Meade and Ed Magedson is not enough to establish probable cause that evidence of her ongoing criminal conduct will be found on her computer or flash drives. 22. Again, a lack of jurisdiction exists so long as County Attorney fails to list specific residents of his county that have been harmed by Defendant’s actions committed for financial gain. 23. Any alleged ongoing criminal conduct which Defendant may have committed is improperly included in the warrant application for a lack of probable cause and jurisdiction E-FILED 2014 JUL 17 2:26 PM SAC - CLERK OF DISTRICT COURT
  • 135. WHEREFORE, Defendant respectfully asks the court to expunge the search warrant and have the seized property returned to the defendant. Respectfully Submitted, /s/ Julia A. Ofenbakh__________ Julia A. Ofenbakh AT0010124 Ofenbakh Law Firm, PLLC 541 31st Street Suite C Des Moines, IA 50311 Telephone: (515) 868-0088 Facsimile: (515) 963-5370 julia@ofenbakhlaw.com ATTORNEY FOR DEFENDANT E-FILED 2014 JUL 17 2:26 PM SAC - CLERK OF DISTRICT COURT
  • 136. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 155TH STREET, URBANDALE, IOWA 50323 Case No. SWSW00222 RESISTANCE AND MOTION TO SCHEDULE HEARING COMES NOW the State and resists Anna Richter’s Motion for Protective Order and Request for In-Chamber Review of Evidence and Motion to Expunge Search Warrant and requests that the Court schedule a hearing on these matters for August 11, 2014. The Iowa DCI will not have the forensic examination of Anna Richter’s computers and electronic storage devices completed for over a month. WHEREFORE, the State requests that following the hearing the Court overrule Anna Richter’s respective motions in their entirety. __________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org E-FILED 2014 JUL 23 10:26 PM SAC - CLERK OF DISTRICT COURT
  • 137. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 155TH STREET, URBANDALE, IOWA 50323 Case No. SWSW00222 ORDER SCHEDULING HEARING This matter came before the State’s request to schedule the hearing on Anna Richter’s Motion for Protective Order and Request for In-Chamber Review of Evidence and Motion to Expunge Search Warrant. The Court, upon the record, and being advised in the premises, FINDS and ORDERS that the hearing on Anna Richter’s aforementioned motions shall be and are scheduled for August 11, 2014, at 10:30 a.m. at the Sac County Courthouse, Sac City, Iowa. E-FILED 2014 JUL 24 9:33 AM SAC - CLERK OF DISTRICT COURT
  • 138. State of Iowa Courts Type: ORDER SETTING HEARING Case Number Case Title SWSW000222 SEARCH WARRANT OF ANNA RICHTER 4221 15TH STREET URBANDALE IA So Ordered Electronically signed on 2014-07-24 09:33:28 page 2 of 2 E-FILED 2014 JUL 24 9:33 AM SAC - CLERK OF DISTRICT COURT
  • 139. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE Plaintiff, v. ANNA RICHTER Defendant. Case No.: SWSW000222 INDEX OF EXHIBIT LIST FOR WARRANT APPLICATION FILED ON OR ABOUT JULY 9, 2014 COMES NOW, by and through counsel, Anna Richter, in support of her Motion to Expunge Search Warrant, provides the following Index of Exhibit List for Warrant Application Filed on or about July 9, 2014: A. EXHIBIT LIST: # Exhibit Description In Support of Motion: A Search Warrant Index Motion to Expunge B Testimony – John Pitman Motion to Expunge C Testimony – Mona Wehde Motion to Expunge D Testimony – Marie Friedman Motion to Expunge E Testimony – Ray Friedman Motion to Expunge F Voluntary Dismissal – Michael Motion to Expunge G Petition – Michael Roberts Motion to Expunge H Letter to SCA Smith Motion to Expunge I Letter from SCA Smith Motion to Expunge J Filed Appearance Motion for In-Chamber Review E-FILED 2014 AUG 08 3:03 PM SAC - CLERK OF DISTRICT COURT
  • 140. Respectfully Submitted, /s/Julia A. Ofenbakh Julia A. Ofenbakh AT0010124 541 31st Street Suite C Des Moines, IA 50312 Telephone: (515)868-0088 Fax: (515)963-5370 julia@ofenbakhlaw.com ATTORNEY FOR PLAINTIFF E-FILED 2014 AUG 08 3:03 PM SAC - CLERK OF DISTRICT COURT
  • 141. 1   IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 155TH STREET, URBANDALE, IOWA 50323 Case No. SWSW000222 STATE’S RESPONSE TO MOTION FOR PROTECTIVE ORDER AND REQUEST FOR IN-CHAMBER REVIEW OF EVIDENCE AND RESPONSE TO MOTION TO EXPUNGE SEARCH WARRANT COMES NOW, the State of Iowa, through Sac County Attorney Ben Smith, and states the following in support of its Response to Anna Richter’s Motion for Protective Order and Request for In-Chamber Review of Evidence and Response to Motion to Expunge Search Warrant: IN-CHAMBER REVIEW OF EVIDENCE On July 9, 2014, pursuant to a search warrant, a computer and electronic storage devices (collectively “computers”) belonging to Anna Richter were seized from her Urbandale, Iowa, residence. The search warrant and its accompanying documents (collectively, (Search Warrant”) are filed in Sac County District Court Case No. SWSW000222. The Search Warrant is incorporated herein by reference as though fully set forth herein. The State respectfully asks that the Court take judicial notice of the Search Warrant. Anna Richter argues her computers contain attorney-client privileged communications between her and Attorney Julie Ofenbakh, and has asked the Court for an in camera hearing to review the contents of Anna Richter’s computers. The State objects on the grounds that Anna Richter does not have standing to make this request. Even is she did have standing, the State resists Anna Richter’s motion for the following reasons: Attorney Julie Ofenbakh represents Anna Richter in a civil defamation case, which was filed in Polk County (Case No. LACL129566) on January 24, 2014. Anna Richter was served with the lawsuit on June 9, 2014, and Ms. Ofenbakh filed an E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 142. 2   appearance on Anna Richter’s behalf on June 16, 2014. Attorney Julie Ofenbakh also represents Tracey Richter in garnishment proceedings filed in Sac County District Court Case No. FECR011900, and in Tracey Richter’s Post Conviction Relief action, which is filed in Sac County District Court Case No. PCCV019511. Not all communications between Anna Richter and Attorney Julie Ofenbakh are attorney-client privileged communications. The attorney-client privilege does not extend to communications between Anna Richter and Attorney Julie Ofenbakh about Tracey Richter’s civil cases. “A communication is not privileged simply because it is made by or to a person who happens to be a lawyer.” Meighan v. TransGuard Ins. Co. of Am., Inc., 298 F.R.D. 436, 447 (N.D. Iowa 2014). “It is clear that the attorney must be acting in the role of legal counsel with respect to the information in issue before the privilege may attach.” Id. Accordingly, the only communications between Anna Richter and Attorney Julie Ofenbakh that would be protected by the attorney-client privilege are those concerning Anna Richter’s civil defamation case, which could have only been made in the twenty-three days between when Attorney Ofenbakh filed her appearance and when Anna Richter’s computers were seized. IOWA CODE § 622.10 (2014); IOWA R. EVID. 5.50 Communications between Anna Richter and Attorney Julie Ofenbakh about Anna Richter’s civil defamation case would be outside the scope of the Search Warrant (i.e., not material or relevant to criminal activity alleged in Search Warrant) and, therefore, would not be seized per the directives contained in Attachment B to the Search Warrant. Additionally, the Search Warrant directs law enforcement to destroy and keep confidential any items copied from Anna Richter’s computer that fall outside the scope of the Search Warrant. [Search Warrant p. 125] Also, any privilege attached to any communications revealed during the seizure of the information contained in Anna Richter’s computers pursuant to the directives contained in Attachment A to the Search Warrant, would not be waived as a result of law enforcement’s subsequent search of the files copied from her computers per Attachment B, because, unlike producing information pursuant to criminal discovery (Rule 2.14) or a subpoena, disclosure in this instance was involuntary (i.e., Anna Richter’s computers were seized from her home on an involuntary basis). E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 143. 3   An in camera inspection of Anna Richter’s computers could take hours as her computers likely contain thousands of documents and e-mails. Although there is no law requiring or authorizing it, the undersigned would advocate for an in camera inspection of Anna Richter’s computers if she were able to demonstrate that the attorney-client privileged communications seized by law enforcement are related to criminal activity alleged that provided the factual basis underlying the issuance of the search warrant; however, this is not the case here. EXPUNGING A SEARCH WARRANT Anna Richter argues the Search Warrant filed in Sac County District Court Case No. SWSW000222 should be deleted / erased from court records because Sac County does not have jurisdiction to investigate the crimes listed in the Search Warrant. There is no statutory authority allowing for the expungement (redaction or deletion) of a Search Warrant from court records. Even if such a legal mechanism existed, Anna Richter’s argument here fails for the following reasons: There is no such thing as “jurisdiction to investigate.” Jurisdiction refers to power of court to decide issue on merits of criminal prosecution, not the authority for law enforcement to investigate a crime. State v. Wardenburg, 158 N.W.2d 147, 150 (1968) In any event, “venue, not jurisdiction, references the appropriate county in which a criminal matter can be prosecuted. Id. “Venue may be established by proof that only one of the elements of the crime occurred in the county where prosecution is started.” State v. Evely, 228 N.W.2d 196, 197 (Iowa 1975). Venue is not jurisdictional, nor is it an element of an offense, State v. Smith, 585 N.W.2d 753, 754 (Iowa Ct. App. 1998); State v. Allen, 293 N.W.2d 16, 20 (Iowa 1980). A challenge to a prosecution on grounds of venue does not necessarily mandate dismissal. State v. Wedelstedt, 263 N.W.2d 894, 898 (Iowa 1978). Venue is not put in issue when a search warrant is filed with the Clerk of Court. “The matter of venue is put in issue by a plea of not guilty,” which would necessarily follow a criminal investigation. State v. Evely, 228 N.W.2d 196, 199 (Iowa 1975) E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 144. 4   “A prosecutor does not depend on a case or controversy to get evidence but can investigate merely on suspicion that the law is being violated or even just because he wants assurance that it is not.” State v. Kelley, 353 N.W.2d 845, 848 (Iowa 1984) The scope of a search warrant is no longer limited by county boundaries. State v. Groff, 323 N.W.2d 204, 213 (Iowa 1982). Even if venue was a consideration here, and “jurisdiction to investigate” was a real thing, the Search Warrant demonstrates probable cause to believe at least one element of most, if not all, of the crimes listed in the Search Warrant occurred in Sac County, Iowa. At bare minimum, the undersigned would have “investigatory jurisdiction” to investigate the global harassment and extortion of witnesses from a murder case prosecuted by the undersigned. The Search Warrant provides evidence sufficient to demonstrate probable cause to believe evidence of crimes detailed in the Search Warrant will be found in Anna Richter’s computers. Specifically, the information contained in the Search Warrant shows that Anna Richter provided Xcentric Ventures (dba www.ripoffreport.com), RipOff Report owner Ed Magedson, and RipOff Report employee / agent Darren Meade (collectively “RipOff Report”) documents and other information, which were then used in an ongoing, systemic campaign of online defamation and harassment of the witnesses who testified against Anna Richter’s daughter, Tracey Richter, in State v. Richter, Sac County District Court Case No. FECR011900 (collectively, “State’s witnesses”). On or around September 11, 2014, RipOff Report complaint No. 938843 was published on RipOff Report. (Exhibit 1) Said “complaint” and its progeny (i.e., add- on complaints, rebuttals, and hyperlinks to other derogatory RipOff Report complaints about the State’s witnesses) falsely accuse the State’s witnesses and their family members of committing murder, theft, perjury, child molestation, and having sexually transmitted diseases. [SW p. 48] Save for a few days, since RipOff Report complaint No. 938843 was published on September 11, 2012, it has been a “featured” complaint on RipOff Report, meaning it has is conspicuously advertised on each of RipOff Report’s approximate 1.8 million webpages / online complaints for almost two years. RipOff Report has boasted that its website is viewed approximately 2 million times a day. [SW p. 48] Also, RipOff Report optimizes and engineers its complaints so that they appear at E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 145. 5   the top of the first page of Google and other search engine results, above or in lieu of legitimate search results for legitimate (non-defamatory) websites belonging to, or about the State’s witnesses and the secondary victims (e.g., friends, family members, and businesses of the State’s witnesses). On July 13, 2014, just days after the Search Warrant was executed and returned to the Sac County Clerk of Court, RipOff Report / Ed Magedson published a disclaimer before RipOff Report complaint No. 938843 (all 1.8 million webpages / complaints), which states, among other things, that he, Ed Magedson, did not work in conjunction with Darren Meade to publish any of the “complaints” about the State’s witnesses. However, on September 10, 2011, one day before RipOff Report published complaint No. 938843 on each of its 1.8 million webpages, Darren Meade (darrenmitchellm@gmail.com) sent an e-mail to Ed Magedson (EDitor@ripoffreport.com), which contained an attached Microsoft (MS) Word document titled “Review2.” (Exhibit 2) As the Court can see, the attachment / MS Word document and RipOff Report complaint No. 938843 are identical. In another e- mail Darren Meade sent to Ed Magedson / RipOff Report that same day, Darren Meade provided Ed Magedson / RipOff Report with documents to be published on RipOff Report along with the contents of “Review2,” and a set of instructions on how he, Darren Meade, wanted this complaint to appear, aesthetically, on RipOff Report. (Exhibit 3). RipOff Report’s aforementioned July 13, 2014 disclaimer also states: “As a website dedicated to providing a voice to the common person through open information and free speech rights, Ripoff Report asserts its own voice on these matters of public interest and concern, and pledges full investigation of the issues.” However, on July 14, 2014, in an e-mail sent to at least one national news media outlet, Ed Magedson vouched for Darren Meade’s credibility, ironically enough, by citing RipOff Report complaints authored and published by Darren Meade. (Exhibit 4) Before its investigation into Darren Meade’s posts on its website, Darren Meade extorted RipOff Report, and RipOff Report reported said extortion to law enforcement. In response to Darren Meade’s extortive efforts, RipOff Report Chief Operating Officer (COO) Adam Kunz, speaking on behalf of Ed Magedson and RipOff Report, called Darren Meade a “con-man,” “liar,” and “extortionist.” (Exhibit 5) Despite this, RipOff Report allowed Darren Meade to contribute to its “FULL E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 146. 6   INVESTIGATION!!!” into its “unprecedented action…regarding Darren Meade’s posts” on RipOff Report. (Exhibit 6) Even more amazing is that on July 15, 2014, Ed Magedson and RipOff Report COO Adam Kunz discussed paying Darren Meade. (Exhibit 7) Darren Meade was right when he testified to the following on September 26, 2011 (three months before he received his first paycheck from RipOff Report): Ripoff Report never deletes anything written about somebody. So it’s the perfect place to defame somebody because it will always stay up, and for some reason it winds up ranking on the first page of Google. So if you want to destroy somebody’s reputation, that’s a great place to do it. (Exhibit 8) Information obtained by law enforcement shows that RipOff Report has been given transcripts of Darren Meade’s above-mentioned deposition twice since January 2012. Yet, despite this and all the foregoing, RipOff Report’s “investigation” into Darren Meade’s “posts” continues. Most troubling in all of this is that after the undersigned recently disclosed to representatives of RipOff Report that John Brewington, a licensed private investigatory in the State of Arizona, provided law enforcement here in the State of Iowa with information concerning RipOff Report, a RipOff Report complaint about Private Investigator John Brewington, which RipOff Report has described as a “hit piece,” was also made a “featured report” on all 1.8 million webpages, alongside RipOff Report’s complaint concerning the (other) State’s witnesses (RipOff Report complaint No. 938843). “A person who, in retaliation for anything lawfully done by any witness in any case, harasses such witness, commits an aggravated misdemeanor.” Iowa Code § 720.4 (2014) CONCLUSION The code authorizes the issuance of a warrant to seize property obtained through a violation of the law, property that is illegal to possess, property that is either the instrumentality of a crime or used to conceal an offense, and possible evidence in a criminal prosecution. IOWA CODE 808.2(1) (2014). In fact, the owner of E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 147. 7   property seized pursuant to a search warrant does not even have to be a suspect in the related criminal investigation. The information contained in the Search Warrant demonstrates that Anna Richter used her computer to communicate with, and transfer documents and other information to RipOff Report knowing the information would be published in “complaints” about the State’s Witnesses. (Exhibit 9) The information contained in the Search Warrant provides sufficient probable cause to believe that evidence material and relevant to a number of crimes will be found on Anna Richter’s computer, and that the computer itself was itself an instrumentality of a number of crimes. “Probable cause to search, in contrast to probable cause to arrest, requires a probability determination as to the nexus between criminal activity, the things to be seized, and the place to be searched.” State v. Seager, 341 N.W.2d 420, 427 (Iowa 1983) Anna Richter has provided no cites to any authorities, controlling or otherwise, for her positions. Anna Richter has merely raised irrelevant and unsupportable objections to get stop law enforcement from investigating the criminal matters detailed in the Search Warrant. WHEREFORE, the State of Iowa requests that the Court deny Anna Richter’s motion in its entirety and order such other reliefs equitable and just in the premises. ____________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 148. Ripoff Report protects consumers first amendment right to free speech RelatedReports FeaturedRipoff Reports Ben Smith Sac County Iowa Attorney prosecutorial misconduct, improper relationship with star witnesses, allowing witnessesto knowingly lie. Tracey Richter Robertsfalsely convicted, overwhelming evidence leadsto estranged husband Michael Roberts, Rexxfield failed polygraph, witness intimidation, evidence tampering. Iowa Division of Criminal Investigation corruption. The New "Digital Extortion" Is there a Ripoff Report on you? Report: #938843 Complaint Review: *NOTICE: July 13, 2014: Ripoff Report Launches Full Investigation!!! Sac County Iowa Prosecutor’sAllegations Warrant Unprecedented Action from Ripoffreport.com regarding Darren Meade Posts....Ben Smith Sac County Iowa Prosecutor Prosecutorial Misconduct | Tracey Richter Falsely Convicted | Overwhelming Evidence Michael Roberts, Rexxfield Submitted: Sun, September 09, 2012 Updated: Wed, July16, 2014 Reported By: Darren M. Meade — Dana Point California United States of America *NOTICE:July13, 2014:Ripoff Report Launches Full Investigation!!!Sac CountyIowaProsecutor’sAllegations Warrant Unprecedented Action from Ripoffreport.com regarding Darren Meade Posts....Ben Smith SacCountyIowaProsecutor Prosecutorial Misconduct | Tracey Richter FalselyConvicted | Overwhelming Evidence Michael Roberts, Rexxfield Sac County Iowa Sac City, Iowa UnitedStates of America Phone: Web: Category: Criminal Justice System *NOTICE: July 13, 2014: Ripoff Report Launches Full Investigation!!! Sac County Iowa Prosecutor’sAllegations Warrant Unprecedented Action from Ripoffreport.com regarding Darren Meade Posts......Ben Smith Sac County Iowa Attorney prosecutorial misconduct, improper relationship with star witnesses, allowing witnesses to knowingly lie, seeking fame not justice, Sac county Iowa corruption. Tracey Richter falsely convicted evidence leads to overwhelming evidence to estranged husband Michael Roberts, Advertisers above have met our strict standards for business conduct. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. File your review. Consumers educating consumers.™ Review Latest Reports Advanced Search Browse Categories Byconsumers, for consumers... Don't let them get awaywith it.®Let the truth be known!™ Home Help Register to File a Report Login Total Visits since 1998: 8,876,879,144 Estimated money Consumers saved since 1998: $15,534,538,502.67 Reports filed: 1,839,404 Company Name or Report # FILE A REPORT Update a Report Latest Reports Consumer Resources Consumers SayThank You Legal Directory New Ripoff Report Insider Video Released! Read It Here Now! Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 1
  • 149. Reputation Management SEO WARNING! They might contact you next! BBB: What consumers need to know 20/20 exposes the real BBB Past Featured Reports Ripoff Reports The Buckingham Reasearch Group Dennis ChildersSCAM NewYorkNew York jodiariasisinnocent.com Jodi Arias, Murderer, Slanderer, Liar, Psychopath, Disgrace, Inhuman, Garbage, Blood Bath, Faker, Story Teller, Obsessive, No Emotion, Character Assasination Of TravisAlexander, etc... Beware, Fraudulant, Takes Advantage, Unsafe, Hostile, Asks For $$$, Internet Lisa L Heiple Chatfield , Vaught, Pierce, Husky Worst realtor on the planet! Doesnot put property on MLS so she can be buying and selling agent. Tricks you into signing documentsthat you would NEVERagree to! Has most of her salesgo bad because of unethical practices. Caresonly about her commission and could care lesswhat happensto the client. Happy Valley Oregon Complaint Review: Ketan Automated Equipment Inc | Notice: Ripoff Report VIP Arbitration Decision: A neutral and independent Arbitrator has determined that the following Report contained one or more false statementsof facts. The false statementshave been redacted as((Statement REDACTEDasfalse pursuant to Ripoff Report VIP Arbitration)) | | ((Statement REDACTEDasfalse pursuant to Ripoff Report VIP Arbitration))- ((Statement REDACTEDasfalse pursuant to Ripoff Report VIP Arbitration))! Ontario California Craigslist jaidon found on craigslist SCAMMED $600 dollars from fake lollapalooza ticketsMarkham Illinois rainey slough hunt club frank Rexxfield failed polygraph, witness intimidation, evidence tampering, Prosecutors improper relationship with witnesses & Michael Roberts. Roberts witness protection sham. Exaggerated, misleading information to Dateline NBC. Sac City, Iowa *Consumer Comment: ETHICS ALERT TABLOID JOURNALIST MICHAEL USHER; HANNAH BOOCOCK; MARK BRITT - DELIBERATE FACTUAL INACCURACIES & LIES / WARNING TO POTENTIAL INTERVIEWEES of disgraced 60 Minutes Australia, Ninemsn *Consumer Comment: 'Ka-Pow': Des Moines Register Editorial Board whacks Prosecutor Ben Smith over violating Tracey Richter's civil rights *Consumer Comment: Seriously ??? *Consumer Comment: Collateral Murder, there’s something not right about this? *Consumer Comment: Ben Smith admitted he lied. listened to confidential phone calls and withheld evidence on more than one case. Corruption continues. Michael Roberts learned about dirt on Ben Smith since 2001 *General Comment: I dont understand... *Consumer Comment: Looks like a typical idiot. *Consumer Comment: Re-investigation Uncovers Evidence of Innocence: Attorney Ben Smith Sac County Iowa Eaves Dropped on Confidential Calls Between Tracey Richter and Defense Counsel *Consumer Comment: DATELINE NBC POEM... *UPDATE EX-employee responds: Newly discovered facts Michael Roberts Planted The Pink Note Book *REBUTTAL Individual responds: It has been an age old expression *Consumer Comment: Finally AProsecutor Goes To Jail...Ben Smith Next? *UPDATE EX-employee responds: Wrongful Revenge : Ben Smith Send Lovers Wife to Prison *UPDATE EX-employee responds: Federal Drug Task Force in 2002 Blew the Whistle on Mike Roberts 1/2 lb Meth Habit *REBUTTAL Owner of company: TURNCOAT : Mike Roberts gives up supporters to save himself *UPDATE Employee: BEN SMITH'S GOOSE IS COOKED *UPDATE Employee: Ben Smith comes from a long line of corruptors. *Consumer Comment: Darren, *REBUTTAL Owner of company: Anatomy of a Murder: AReal-Life Whodunit Corrupt Prosector and His Partner Michael Roberts Rexxfield Authorized Witness Intimidation *Consumer Comment: AMUST READ!!HOW CAN THEYGET AWAYWITH IT?? *Consumer Comment: Jamison White and Orbit Radio *General Comment: Not her Attorney Business's(11) Lawyersand Law Firms(5312) Administrative Law (11) Admiralty & Maritime Law (27) Agricultural Law (2) Alternative Dispute Resolution (10) Antitrust & Trade Regulation (1) Appellate Practice (72) Aviation & Aerospace (11) Banking Law (90) Bankruptcy (380) Business Law (232) Civil Rights (55) Class Actions (30) Commercial Law (13) Communications Law (1) Constitutional Law (1) Construction Law (83) Contracts (7) Corporate Law (75) Criminal Law (668) Debtor & Creditor (51) Education Law (14) Elder Law (77) ElectionCampaign & Political (0) Eminent Domain (5) Employee Benefits (7) Energy (0) Entertainment & Sports (17) Environmental Law (43) Family Law (13) Finance (0) Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 150. youngmanVaughn Hathaway florida grove hedgershtfl, incHathaway tree farm and landscapehtfl.comHathawayyoungmancitrus groverainey sloughhunt clublykes brotherslykes bros.huntingshootingoutlawsbobby Kirklandgladescountycentral florid racism punta gorda Florida Blue World PoolsREVEW: 100%customer satisfaction commitment. Blue World Poolscustomerscan feel safe confident & secure when doing businesswith Blue World Pools, commitment to total customer satisfaction, receivesa positive report in customer support and product quality assurance. Carson City, Nevada*UPDATE.. Blue World Poolsdemonstrate their commitment to total customer satisfaction through the Rip-off Report Corporate Advocacy Program, the program that benefitsthe consumer & assuresthem of complete satisfaction & confidence. Blue World Poolsconsidered to be industry expertsat turn-key above ground swimming pool sales, finance, installation and service. Bella Union Bath Company Bella Union Bath Co., Stacy Collins, Ryan Dean Custom bath soap gave my baby a horrible RASH and had PUBIChairsin it. Ashland Oregon Well Credit Corp, Eco Plus Recycling, Hanhe Cable Wire Bogus Operation, Labor WorkCode Violationscovina California iTek Computers iphone screen repair, "we fix computers", computer repair, laptop screen replacement, virusremoval, computer upgrades, general computer service Connersville Indiana RoomsTo Go Leather layer peeling off so that foam can be seen. Greensboro NC A&A Moving Alonzo Menzer - Owner Damaged Property, Offered but Never Provided A Refund Arlington Virginia NICOLE MARIE MILLERNEW YORK CHIROPRACTICSCHOOL, lives in Erie, Pennsylvania. SHE is vicious, manipulating, nasty, destructive, self-righteous, annoying, a major liar and she will SHATTERYOURLIFE! Nicole Miller, Brandon Saraceno, Larry Oldach, Colleen Oldach, Lisa Oldach, Robert Oldach, Sue Oldach, Jennifer Oldach, Ashley Oldach, Kathy Kathie Oldach, Pam Oldach, Laurie Oldach, Mark Oldach A Master of Manipulation and lies. Playson your sympathy. Will DESTROY YOURCAREER! Makesup stories, usesher friends, tellspeople secretsabout everyone! DO NOT TRUST HER!!!!! Seneca FallsNewYork Sphynx M&P Felicia Ray Ortiz , Judy Elinbinder, Network Promotions& EventsFelicia Ray Ortiz scammed me of a pay *General Comment: Everyone in town called him Crazy Mike Roberts! *Consumer Comment: How in anyway is this a rip off *General Comment: Class action lawsuit against Sac County Iowa, Ben Smith *REBUTTAL Owner of company: Sac County Ben Smith and Michael Roberts continues intimidation, threats and scare tactics to keep evidence and documents from the public *Consumer Comment: poor little troll *UPDATE Employee: Sac County Sheriff Ken McClure & DABen Smith ass clown hall of fame *Consumer Comment: Sac County Board of Supervisors (Dean Stock, Rick Hecht, Ranell Drake, Jack Bensley) corrupt public servants and elected officials? These Types of Issues Never Took Place When Earl Was In Office *UPDATE EX-employee responds: Explanation of an Appeal vs write of Habeas Corpus: New Evidence Cannot Be Admitted During the Appeal *General Comment: New Evidence? Isn't Ben Smith threatening the former Prosecutor to Suppress Evidence For Tracey Richter To Have a Fair Trial Enough? *Consumer Comment: ROFLMAO *REBUTTAL Owner of company: The Evidence of Prosecutorial Misconduct and Witness Tampering Cannot Be Introduced Until After The "Direct Appeal" (which mean only evidence from the trial) is exhausted. *Consumer Comment: Can you explain why none of these issues were raised before the Court of Appeals? *Consumer Comment: FINAL VERDICT *General Comment: Ok... *REBUTTAL Owner of company: Richter beautiful? *General Comment: Sex Offender *General Comment: LOOK *Consumer Comment: Iowa;s All Male Supreme Court Rules Employors Can Fire "irresistibly Attractive" Female Employee's *Consumer Comment: Rexxfield.com Michael Roberts Mental Health Diagnosis / Family History Of Mental Illness / Bipolar and ADHD Lead To Sociopath? *General Comment: Indicators of an wife abuser? *Consumer Comment: BOMBSHELL EVIDENCE : Sworn Affidavit Proves Sac County Attorney Suppressed Exculpatory Evidence in the Tracey Richter Murder Trial *Consumer Suggestion: I was groomed by Michael Roberts as was Dustin Wehde to kill Tracey Richter *General Comment: Michael Roberts of Mile2, Lies, and Audiotapes Causes (Alleged) Perjury of Sac County Attorney Ben Smith Case No CDCD002755 *UPDATE EX-employee responds: Iowa Supreme Court found prosecutors had committed misconduct Sac County Attorney Ben Smith Simply Following Iowa's Protocol Againt Females and Minorities *Consumer Comment: Response to "Silenced in Storm Lake" *Consumer Comment: Silenced in Storm Lake Storm Lake Pilot Tribune Violating Free Speech Government (14) Government Contracts (2) Health Care (1) Immigration (482) Indians & Native Populations (1) Insurance (90) Intellectual Property (526) International Law (33) International Trade (0) Internet Law (7) Investments (1) Labor & Employment (12) Legal Malpractice (92) Litigation (20) Media Law (1) Medical Malpractice (13) Mergers & Acquisitions (0) Military Law (5) Natural Resources (10) Occupational Safety & Health (0) Personal Injury (842) Products Liability (21) Professional Liability (0) Real Estate (361) Securities (169) Taxation (142) Technology & Science (0) Toxic Torts (0) Transportation (2) Trusts & Estates (368) White Collar Crime (1) Wills & Probate (7) Workers Compensation (242) Zoning, Planning & Land Use (10) Legal Services(32) Arbitrators/Mediators (7) Automotive Expert Witnesses (0) Bail Bonds (0) Court Reporters (1) Electronic Data Discovery (1) Expert Witnesses (1) Forensic Experts (1) Jury Selection (0) Legal Assistants (8) Legal Speakers (2) Litigation Support (2) Medical Expert Witnesses (1) Other (14) Paralegal (5) Private Investigators (6) Process Servers (7) Translators/Interpreters (0) MiscellaneousBusinessServices(19) Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 151. +20 Recommend this on GoogleTweetTweet 0 ←Is this Ripoff Report About you? Ripoff Report A business' first line of defense on the Internet. If your business is willing to make a commitment to customer satisfaction Click here now.. Doesyour businesshave a bad reputation? Fix it the right way. Corporate Advocacy Program™ SEOReputation Management at its best! after lying and cheating othersfor failure of payment . DallasTX Kelly Giacco Marketing scam Internet Custom Craft Homesaka Jade Design Scam, took longer than 15 monthsto build, ripped off Draper Utah ME on El Paseo Salon and Spa, Marko and Erich, Salon Studiosby J. Rich, Erich Duane Kohner, Erich V Kohner, Erich DZohner, MarkArchuleta, Marko Archuleta, Erich Kohner- Archuleta, ME Salon Deceptive and Fraudulent Trade Practiesby ME on El Paseo Salon and Spa Palm Desert California Supervalu Inc Save-A-Lot Abandoned Save-A-Lot shopping carts left all over my town Lackawanna NewYork Michael Nathaniel EthansFr. Michael Con artist posing as clergy Internet African Mango Absolute African Mango isa SCAM!! California the used parts factory "Will" Claimed they had part, never shipped, never recieved, no return calls. Had to deal with my bankto have chargesremoved. Jacksonville Florida George Cox Automotive Austin Texas- Paul Anthony Cox George Cox Automotive Austin Texas- Paul Anthony Cox - Rip Off - David Cox Rip Off George Cox Automotive Austin TexasDont fix the problem and over charge then make you take it austin Texas Crawmer's Critterz Negligence in caring for my child Bend Oregon John Bloom of Cto C Transport John Bloom, Cto C Transport Animal abuse, Illegal animal transports, DNT California cattery Xarana from Jos Groeneveld, Holland cattery Xarana from Jos Groeneveld, Holland Catbreeder, not seriously, no contract, no money backPurmerend Internet *General Comment: Like mother like daughter *UPDATE EX-employee responds: Michael Roberts of Rexxfield Exhibits Sings of Battering Personality Dr. Heidi Roberts of Finland at Risk! *General Comment: Thank you *Author of original report: Ben Smith Prosecutorial Misconduct Allowing Witnesses To Knowingly Lie Tracey Richter Had Several Million Dollars Stolen By Mile2 and Xellex Bounty Shared Amongst Prosecution Witnesses *REBUTTAL Individual responds: Darren Meade is a professional reputation hitman working for Ed Magedson *UPDATE .. From the EDitor - Neither Ripoff Report, nor Ed Magedson engaged, hired or requested Darren Meade to write this story. REBUTTAL BOX™ | Respond to this Report! Add Rebuttal to this Report Aribitrate & Set Record Straight File New Report Repair Your Reputation *NOTICE: July 13, 2014: Ripoff Report LaunchesFull Investigation!!! Sac County Iowa Prosecutor’sAllegations Warrant Unprecedented Action from Ripoffreport.com regarding Darren Meade Posts. RipoffReport.com will thoroughly investigate allegations presented in a 124 page affidavit by County Prosecutor Ben Smith of Sac County Iowa. Smith alleged under penalty of perjury that Darren Meade authored and posted false reports on RipoffReport.com about at least four specific people. If RipoffReport.com's investigation reveals that any of the allegations made in any post about those witnesses contain false statements of fact, the false facts will be redacted from the postings. "We will get to the bottom of Ben Smith's allegations and publish the evidence and conclusions," states Ripoff Report Editor and Founder Ed Magedson. Author Darren Meade's writings (some of which are in this link list) (see email from Darren Meade) challenge the fairness and credibility of the homicide investigation, trial, murder conviction, and subsequent treatment of Iowa mother Tracy Richter at the hands of County Prosecutor Ben Smith and Michael Roberts (Rexxfield), Tracy Richter's former husband. The Previous County Prosecutor had declined to prosecute Richter, who claims to have been acting in defense of herself and her children against multiple attackers when she shot at Dustin Whede during a home invasion in December of 2001. Ed Magedson had been convinced by Meade that the shooting was morally and legally justified and that an innocent woman was imprisoned. While County Prosecutor Smith's affidavit contains certain incorrect assertions and many material omissions, it also raises some shocking facts, sufficient to justify a full investigation by Ripoffreport into Meade's assertions and motivations. Ripoff Report's investigation is an unprecedented action for the consumer website. Ripoff Report accepts reports from authors who certify the honesty of the content of their reports, and encourages rebuttals to provide readers with both sides of a disputed story. Generally, Ripoff Report allows the public, the courts or an independent arbitrator to judge the truth and does not do an investigation to supplement or challenge postings. Gathering evidence and passing judgment on the statements of outside authors departs from its standard practice. County Prosecutor Smith's aggressive actions justify extraordinary measures. Smith not only states that Darren Meade's factual allegations are false, he asserts that they violate Iowa's criminal laws and that Ed Magedson knowingly conspired with Meade and others. Ed Magedson did no such thing. County Prosecutor Smith has used the full power of his elected office in attempts to crush criticism of his prosecution and he has relied heavily on advice, information and guidance from Michael Roberts, a known liar and extortionist. Roberts was involved in a scheme to illegally hack the Ripoff Report website and Roberts attempted to sell 7LikeLike Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 152. Ripoff Report inthe Media Ripoff Report on CBS 19 Ripoff Report on CBS 19 - Global Marketing Alliance Ripoff Report on ABC15 - Smart Shopper Ripoff Report - Girls Gone Wild Ripoff Report on Fox 11 - Car Repair See more videos Special Features WHAT YOUNEEDTO KNOW ABOUT THE BBB: NOT a government agency aslisted in your local phone book. Instead the BBB isa private non-profit / franchise operation. 20/20 exposesthe BBB, HamasTerror Group Gets'A' Rating - BBB is running a "pay for play" scheme. Ripoff Report Legal Directory Read howRipoff Report savesconsumersmillions. information regarding the hack to Ripoff Report for €105,000. http://www.ripoffreport.com/lhc/common/files/MichaelRobertsRexxfieldAttemptedExtortion.pdf As a website dedicated to providing a voice to the common person through open information and free speech rights, Ripoff Report asserts its own voice on these matters of public interest and concern, and pledges full investigation of the issues. As progress is made with our investigation, it will be posted here as an UPDATE to this statement. Now to the original report that was posted … ________________________________________ Review: DateLine NBCs Twisted is a Case Study in Prosecutorial Misconduct NewsAnalysisand Opinion Dateline NBCs episode Twisted is a totally exhaustive, fully encompassing story about dangerous people. Once you digest this, more articles will follow. The Genesis will be the Tracey Richter case but we will cover the several million dollars in business revenues shared between the key prosecution witnesses, how the Sac County Prosecutor Ben Smith played into that, and the mastermind they hid away, ingeniously making him impossible to subpoena. Tracey Richter and her fianc Russell Schertz Ive been looking into ancillary matters related to this story for nearly a year now, and I can say without question there is far more to this than what appeared on DateLine NBC. Why would the Iowa Division of Criminal Investigation and Sac County Prosecutor go to such lengths to prosecute an innocent woman? In future articles we will detail how they are protecting a person who can tamper with a jury verdict in ANY trial, but that is for another time. In this lucid discussion of the significant revelations of systemic wrongdoing in Sac County and Iowa Division of Criminal Investigation, well uncover how the culture of Iowa is different from that of other states, and that denying the truth is woven into its ethos. Moreover, it perverts justice for purposes that are unique to a cast of characters, and have nothing to do with protecting the public. Perhaps this is why Iowa has had an 80% rise in prosecutorial misconduct appeals in the last decade. Watching the travesty of justice of the Tracey Richter trial crack wide open over the last few weeks has left me puzzled. We can say things like, Ultimate responsibility goes to the man at the top, meaning Ben Smith, Sac County Attorney and Prosecutor. And that sounds right, but it still doesnt explain how any of it happened. The key people are criminals, liars, or willfully blind. We could say that, but then we would have to explain how so many of them ended up in Iowa. Puzzles like these have led many people to the conclusion that theres a culture inside the prosecutors office that is responsible in some way, and I agree with that. This is not just about one individual, but about the culture of an organization. Prosecutors and investigators do not routinely break the law, tamper with juries, intimidate and mislead witnesses, and generally conduct themselves like thugs Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 153. unless it is a matter of recognized and understood policy. Consider the powers of the prosecutor The prosecutor decides: 1. Whether or not to bring criminal charges 2. Who to charge 3. What the charges will be 4. Whether the charges will be misdemeanor or felony 5. Whether the person charged will stand trial or plead out 6. What sentence the judge should give A prosecutors power to invoke or deny punishment at his discretion is the power to control and destroy peoples lives. Professor Bennett Gershman A Short and to-the-Point Overview Hiding the Good Stuff Iowa Division of Criminal Investigation (IDCI) Trick #1 - They Avoided Gathering Favorable Evidence IDCI and Sac County law enforcement never interviewed Michael Roberts after his 99% deceptive polygraph about his knowledge or involvement in the home invasion. Trick #2 - They Avoided Gathering Favorable Evidence IDCI and Sac County law enforcement refused to follow-up February 2011 information that Michael Roberts had manipulated another mentally unstable man he was mentoring to commit murder to protect Roberts business interests. Trick #3 - They Avoided Gathering Favorable Evidence Prosecutor Ben Smith had documented proof of a Hacking Code that tampered with the jury via the Internet. This included information of an alleged juror admitting he was tampered with. Rather than investigate, Ben Smith sent the confidential information to The Hacker who tampered with the jury. Trick #4 They Avoided Gathering Favorable Evidence IDCI and Sac County law enforcement had a city employee and her husband Clean the bedroom (murder scene) and then released the murder scene within the initial 24-hours to the primary suspect, Michael Roberts. Trick #5 They Avoided Gathering Favorable Evidence IDCI and Sac County law enforcement realized the error they made in releasing a crime scene within 24-hours to the primary suspect who then failed his polygraph about the murder. In order to keep him from impugning the prosecutions case, they allowed him to stay in a Witness Protection program where he could not be served a subpoena. Trick #6 - Someone Had a Favorable Position to the Defense IDCI Special Agent Vileta is alleged to have misled and tampered with primary witness Mona Wehde, who believed Michael Roberts shot her son. Wehde testified Vileta assured Roberts had been interviewed and cleared, yet no interview from Vileta was produced for trial. Vileta claims he never interviewed Michael Roberts. Trick #7 - When Someone Did Say Something Favorable for the Defense, They Didn't Write It Down. Trick #8 Prime Investigator Lost Critical Documents All Special Agent Viletas correspondence with Michael Roberts7 sheets of notes authored by Dustin, 2 post-it notes authored by Dustin, and a 3rd Notebook, were lost by Trent Vileta. Trick #9 - Permitted Destruction of Evidence and Intimidation of Potential Defense Witnesses Background Click here to watch this segment Missed Facts Michael Roberts had an arrest and conviction for domestic battery filed under Sac Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 154. County Domestic and Child Abuse Report # 2000-00407, Trial Notice CASE NO 02811 SMCR008251 (see document here page 2). His plea deal took nearly a year to arrange (see document page 3). He was arrested for Domestic Assault in 2000. He was set for trial over the assault in 2001. DateLine had this material fact in error. Michael Roberts was Founded (Confirmed and Placed) on the Central Abuse Registry by the Iowa Department of Human Services on 3/21/2007 (see report here) for the abuse of Noah Roberts and Mason Roberts. Noah and Mason are the half- brother and sister to Burt Pitman who was featured in the DateLine NBC segment, Twisted. Michael Roberts pled No Contest to the charge, which under Iowa law is a conviction. The conviction forbids him from gun ownership under the Domestic Violence Gun Ban and equally violates the Iowa Domestic Battery Firearm restriction laws. Michael Roberts first known violation of violating the domestic violence gun ban was on July 22, 2002 from Carolina Sporting Arms, 110 East Kingston Avenue, Charlotte, NC 28203 (704) 375-7987 Michael Roberts is photographed with one of many handguns he purchased in violation of Court Orders after his conviction of Spousal and Child Abuse. The photograph is with a sniper rifle. Police reports allege he threatened to kill a Chicago detective with a sniper rifle and that he (Roberts) is a very good shot. Roberts is on an audio recording with another young man he mentors discussing having this young man kill someone to protect the inner sanctum or Roberts newbusiness enterprise with a .50 caliber hollow-point bullet which just explodes his brain, the same as used by the rifle in the photo with Roberts above. For some prosecutors the risk of losing a criminal trial is unacceptable. Although the evidence of guilt may be sufficient, and a conviction likely, a prosecutor knows he faces an aggressive adversary and an unpredictable jury. A prosecutor also knows that he must present his case consistent with a broad array of constitutional statutory, evidentiary, and ethical proscription designed to minimize unfair prejudice and assure the defendant a fair trial... Some prosecutors find these rules too confining and seek to circumvent them. For such a prosecutor, the risk of losing a trial far outweighs the risk of losing the subsequent appeal. Prosecutorial Misconduct, Second Edition, by Bennett L. Gershman (Page 10-3) The Plot WasEngineered & Executed Click here to watch this segment Blatant Untruths of Ben Smith and Mary Higgins February 13th, 2002 Michael Roberts fails his polygraph and is found 99% deceptive on the only questions pertaining too if he knew, planned or took part in the home invasion. Michael Roberts then admits that he told Dustin about John Pitman and didnt paint a very pretty picture. Michael Roberts in an earlier segment with DateLine professes he wanted to kill him speaking of John Pitman. December 26, 2008, Mona Wehde states that Special Agent Vileta changed Mona Wehdes belief that Michael Roberts had killed Dustin by assuring her he had Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 155. interviewed and cleared Michael Roberts (see document here pages 105 lines 9-25 and page 106 lines 1-15) January 20, 2009, Iowa Division of Criminal Investigations on an internal memo still lists Michael Roberts as a suspect (see document here). September 23, 2011, Trent Vileta states he never interviewed Michael Roberts and left him out of what he did (see pages 47 & 48) Michael Roberts fails his polygraph on February 13, 2002. The attack took place on December 13, 2001. The Roberts left on a pre-planned family vacation the following week. Viletas excuse for not investigating Roberts is that Roberts was extensively interviewed in 2001. October 2010, Trent Vileta admits he is biased and has tunnel vision. In an email copied to Sheriff McClure he states he is having a hard time appearing to be neutral. November 2010, Ben Smith is elected and Vileta begins sharing his self-admitted biased information that leads to Tracey Richter being charged with the murder of Dustin Wehde. February 2011, Information is provided that Michael Roberts on information and belief has manipulating another mentally unstable man to commit murder on his behalf, the caller even states he fears this person will become Dustin Wehde #2 Mary Higgins helps generously in Ben Smiths election campaign. Ben Smith became romantically involved with Mary Higginss daughter and while having and drinks at the Higginss house, Ben starts to describe the case and secret evidence (Notebook). On December 13, 2001, within the first 24 Hours of the shooting, the crime scene bedroom is cleaned by a city employee and her husband and released to prime suspect Michael Roberts. One-hour after Michael Roberts has the crime scene released, he claimed to have found additional shell casing missed by CSI investigators who processed the bedroom. Theres so much going on in Twisted, you need more than two hours to dissect it. Its a gritty, edgy, uncomfortable episode in my opinion to watch the prosecutor, lead investigator, and star witness utilize all the tricks #1 9 above. Mary Higgins claimed to be Traceys best friend and was spooked that her friend continued to change contact information, crossing out and putting down new information. Why? As a best friend, she knew Michael received money from the bank for a home equity loan without telling Tracey, and purchased a home for another woman, in Florida (Andrea Berger). Tracey's husband even married another woman while still married to Tracey, and that he continually violated protective orders. In 2007, Michael Roberts was placed on the Child Abuse Registry for abusing Noah and Mason as he previously did Bert according to Higgins. Noah and Mason Roberts and their mother, Tracey Richter. Michael Roberts was found guilty of Domestic Assault which was performed in front to Tracey and Michael's sons (Bert Pitman and Noah Roberts) Michael Roberts also was found to have physically abused both Noah and Mason Roberts and was placed on the Child Abuse registry. Despite the children openly being fearful of Michael Roberts, and findings of physical abuse to both children, Ben Smith Sac County Iowa Prosecutor made certain the children were placed solely in the custody of Michael Roberts. Noah Roberts had always been the protector of Mason Roberts, and therefore Michael Roberts in order to assert his dominance and control over. And Higgins must have known that Michael Roberts through a company called Mile2, stole Traceys identity and that law enforcement advised her she should legally change her name (see document), which she did. According to a supplemental report filed by Sheriff Ken McClure, Robyn Padgett explained she spoke to Mary Higgins often and that Mary Higgins was always trying to get Padgett to befriend Tracey Roberts, Padgett always felt Higgins was trying to get information from Padgett. If Higgins and Richter were best friends why was she trying to have Padgett befriend Tracey to get information? The supplemental report goes onto say Padgett also told Mary Higgins about the Notebook found in Dustin Wehdes Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 156. bedroomwith coded writing. Coded writing is important because the writing in the notebook in Dustins car, the secret evidence was also considered bizarre. But this notebook had the name Ilka Pitman; if you change the letters in Ilka you have a phonetic codeKill A Pitman(See Sheriff's Supplemental Report here, notice 2nd page 2nd paragraph) Remember Dustins mentor earlier on DateLine said he wanted to kill John Pitman. Dustins mentor after failing his polygraph confessed he told Dustin about John Pitman and would not have painted a very pretty picture. Mary claimed she helped clean up Traceys home after the shooting. Yet the police report clearly states within hours they had a city worker and her husband clean the crime scene and release the home to Michael Roberts. Michael Robert claimed to have then cleaned the home and located shell casings within an hour of taking possession of the home that were missed by CSI investigators. The scene was already cleaned twice as documented by police reports, yet, nowhere in the police reports did it mention the participation of Mary Higgins. Special Agent Trent Vileta had already confessed he was having a hard time appearing neutral. He was already biased and was building a case to validate his theory versus collecting evidence and investigating the facts. That being said, everything Vileta supplied to Ben Smith was already biased. In his mentorship of Dustin, Michael Roberts had Dustin work on creative writing exercises that often were violent in nature. Roberts after his failed polygraph admitted he told Dustin details about John Pitman and dont forget in the other notebook, Kill a Pitman. The super-secret evidence, the Pink Notebook was photographed at the crime scene, and listed under section two of the Vehicle Interior. Dustin Wehde Car Inventory Which List Pink Spiral Notebook (View large version) Examination Pink Lined Spiral Notebook, the notebook is also mentioned in multiple police reports and even states that the writing in the notebook was bizarre. The crime scene photos were heavily circulated and a civil lawsuit in 2004 put all of this into public record. The crime scene photos were shown to me personally in 2010 by Michael Roberts. Ben Smith is having dinner and drinks at his girlfriends parents house who were also generous campaign supporters and helped get Ben Smith elected. At some point, Ben starts to describe the case and the secret evidence (notebook) and according to Mary she says you mean that stupid notebook? If the information is supposed to be secret, why is Ben Smith describing it? More to the point, Ben turned white and slid to the floor when he heard stupid notebook but three (3) notebooks had already been a part of evidence, he should not have been shocked over a notebook. PreposterousAllegations It is preposterous to think that a solution to losing child support is for Tracey to frame the payer of her child support with a capital offense. If the Pitman went to jail the child support would fall to 0 ZERO! Tracey had already signed off on a Vail condominium in exchange for Berts father (John Pitman) to pay for Berts college. If John went to jail, Tracey would have to pay for Berts college, a daunting task for a single mother with 3 kids. My heart goes out to Mona Wehde, as I sincerely believe her trust was betrayed by Michael Roberts, Trent Vileta, and Ben Smith. I lost my father to suicide, and I know first-hand the desire to try and cherish and honor their memories. Mona first trusted Michael Roberts with the mentoring of her son, and he broke that trust. That is what made me call law enforcement in Iowa in February 2011, fear that a new young man was going to become Dustin Wehde #2. Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 157. Michael Roberts had convinced another man whom I believe he was manipulating mentally and sexually to plot to kill me, the talk even centered on using a .50 caliber hollow point bullet to explode my brain. This was to be done to protect Michael Robertss business interest. If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. In such cases it is not a question of discovering the commission of a crime and then looking for the man who has committed it; it is a question of picking the man and then searching the lawbooks, or putting investigators to work, to pin some offense on him. Therein if the most dangerouspower of the prosecutor: that he will pick people who he thinkshe should get, rather than pick casesthat need to be prosecuted. It isin thisrealm in which the prosecutor pickssome person whom he dislikesor desiresto embarrass, or selectssome group of unpopular personsand then looksfor an offense, that the greatest danger of abuse of prosecuting power lies. It ishere that law enforcement becomespersonal, and the real crime becomesthat of being unpopular with the predominant or governing group, being attached to the wrong political group, being attached to the wrong political viewsor being personally obnoxiousto, or in the way of, the prosecutor himself. Supreme Court Justice / United StatesAttorney General / Nuremburg Prosecutor Robert Jackson, 1940 Ben Smith Sac County Prosecutor, prosecutorial misconduct, wrongful prosecution. Ben Smith admits to Dateline he would willfully lie as an officer of the court to protect his own mother if roles were reversed. In Twisted, did he lie to protect his potential future mother-in-law who became his star witness, and violate Tracey Richters due process? Twisted is a dangerous segment. I cant remember a time in recent memory when I watched a Dateline and wondered what the prosecutor, star witness, and lead investigator might allegedly lie about next, and you quickly understand this trial was a crude conviction machine versus an instrument of justice. The Tracey Richter case was nothing more than a sham to protect the business opportunities of key prosecution witnesses and Sac City Attorney Ben Smith, himself. A Mystifying Break In In late 2001, to most people in the small town of Early, Iowa, Tracey Richter was a hero. A woman who stood up for her family and did the unthinkable, breaking away from an intruder who had just attempted to garrote her with pantyhose, grabbing a pistol from a bedroom safe, and shooting him nine times until he stopped moving. All of this while her three children huddled in a nearby bedroom, fearing for their lives. In a community of only 600, crimes this grisly are rare. But what added an extra element of mourning to the towns grief and shock was that the break in was led by a local, someone most folks knew, someone the Roberts family knew wellDustin Wehde. His mother, Mona, was a respected real estate agent in the area. And Dustin didnt appear bent on robbery but murder. Why? A Bizarre Twist Why would Dustin Wehde seek to harm a family he knew so well? A family who had befriended him? Michael Roberts had reached out to Dustins Mother offering to mentor him, taking him paintballing and to church with the family. He was in every sense a friend of Michael Roberts, someone who had been over to the Roberts house on many occasions. He was the last person Tracey imagined would harm them. And then there was the case of the second intruder. The only description they had of the man who fled was that he was 6 feet tall, 25 to 35 years old, with a slender build and dark wavy hair. Michael Roberts, in an interview with a local paper, The Register, confirmed he believed the other man was behind the attack and Dustin was under the influence of the other personthe boss. That same week Michael Roberts posted a $10,000 reward for information leading to the arrest of the 2nd intruder, evidently believing strongly in his existence. For the Sac County Sheriff, the circumstances surrounding the break in left Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 158. too many troubling questions to close it out as robbery attempt gone bad. The Sheriff and his investigators surmised someone had put Dustin up to it, and they theorized that someone had probably paid him to commit the crime. Disturbing pornography was mentioned in police reports and by witnesses causing the speculation that Dustin Wehde and Michael Roberts had a sexual relationship. Could this have been a crime of passion? An Eye Witness The night Tracey Richters life changed forever her last name was Roberts. It was early evening on December 13, 2001 and Tracey was upstairs bathing her young daughter Mason. Eleven-year-old Bert was in his bedroom watching Spy Kids with three-year-old Noah. It was after six and her husband had been out of town on a business trip so when she heard noises downstairs, she went out onto the landing and called downstairs, thinking hed returned a few hours early. No one answered, so she called again. The stairs were dark and two figures ascended the stair case, everything in her body told her they were not friendly. Bert came out of the room, and she handed off the baby to him, telling him to get in his room, close the door. Before she could escape, the first intruder wrapped a nylon pantyhose around her neck, attempting to garrote her, leaving her neck severely bruised. She broke away and was able to retrieve a gun from her bedroom and she shot at Dustin, stopping a further attack in her bedroom. The second intruder was heard shouting: the B*tch has a gun, and fled. She was able then to check on the children, and get them safely downstairs to call 9-1-1. A Cold Case Investigators eventually honed in on her husband, Michael Roberts, as a suspect. The police knew they had a volatile marital relationship. They had the police reports that proved his physical abuse of Tracey. Iowa Department of Human Services found that Michael Roberts had abused both his young son and daughter. Their family business was either making millions of dollars or struggling financially, depending on who you spoke with. Tracey had a considerable life insurance policy as did the children. Michael had an alleged alibi for his whereabouts that Thursday night, so he was ruled out as the second intruder, but not as the mastermind behind the plot to kill Tracey and her children. What immediately had caught the sheriffs attention were the results of his polygraph test. Four weeks after the incident Michael had flunked a police test. The police asked if he had planned and arranged for Dustin to enter his house on December 13; if he knew the identity of the second intruder. He answered no to these along with two other questions and the tester concluded with a 99% certainty his answers were deceptive. By the time a sheriffs detective sat down across from Michael Roberts in 2003 and asked him point blank how much he had paid Dustin to kill his wife, the Sheriff was pretty certain they had come to right conclusion. But Michael denied it. Continued to deny it, and he never broke from his story. When Sheriff McClures investigators brought the case to Sac County Prosecuting Attorney, Earl Hardisty, he refused to prosecute. There were several factors in his decision, but his refusal centered on the contamination of the crime scene by the paramedics and the police and the poor forensic work by the investigators at the crime scene. The case went cold as far as the cops were concerned. Michael and Tracey went on with their fragile marriage that finally ended in 2008. New Evidence Mona Wehde continued to mourn for her dead son; nagged by the belief Dustin could have never done this on his own. She even had a theory about the second intruder but no one ever took her seriously. Her private grief began to turn in 2007 when she received a call from Special Agent Trent Vileta. He had been handed the cold case of the Dustin Wehde shooting and had uncovered some new evidence, evidence that would take the case in an entirely new direction. And if that evidence panned out, it could bring a measure of closure to her pain. Life in Prison Special Agent Vileta compiled his facts and bided his time. And when a new Sac County DA took office in January 2011, Vileta laid out his case to the young aggressive prosecutor, Ben Smith. On July 26, 2011 Tracey Richter was arrested on charges of first degree murder in the shooting death of Dustin Wehde, and a year later was convicted of murder in the first degree and sentenced to life without the possibility of parole. What had Special Agent Vileta uncovered, and how had he conveyed it to county attorney, Ben Smith who convinced a jury of her peers to find her guilty of first degree murder? How were these new facts so compelling that even an eye witness to the break in and shooting were impugned as lying? How had it come about that the man whom most in town were convinced had committed this crime now had custody of the couples two children, and the mother who had fought to save them, was now a convicted killer serving life in prison? Did the defense attorneys know about the ethical lapses on the part of the prosecutor? Did Ben Smith uphold the ethical duty of his office to seek justice no matter the cost to his case? These are some of the questions that must be answered in order to understand why Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 159. Tracey Richter is in jail for life. Compiling the Evidence Back when he first received the case, Special Agent Trent Viletas first assignment was to find a motive for the crime. He early discounted the failed polygraph of Michael Roberts, claiming on tape that Michael didnt believe in the second intruder, which in his mind explained the deceptive results of the test. This directly contradicts Michaels own statements to both the press, which is cited earlier, and to the public in offering a cash reward for information leading to the arrest of the second intruder. Why would Special Agent Vileta make such a spurious claim in contradiction to the facts as they were publically known? Had his objective judgment already been so impaired by his determination to see Tracey tried for murder that the facts no longer mattered? Nevertheless, Special Agent Vileta believed he was onto something, and at this point whatever facts didnt fit into his theory had to be in some way recast. He zeroed in his investigative energy on Tracey. By fleshing out her background and earlier relationship with her first husband John Pitman, he began to develop a profile of a woman who in theory could pull the trigger on a friend. She was a gun owner, as was Michael, and Pitman claimed she had brandished a gun at him in a family argument. But was that the whole truth of that incident? Was Roberts here doing exactly what county prosecutor Smith would later claim Tracey was doing in setting up the murder plotwas Roberts simply taking a situation out of context in order to make himself look good in a child support dispute? But Vileta was on the trail of something and continued digging through her past until he could theorize with confidence that her past behavior proved she could murder Dustin in cold blood. But why would Vileta so easily dismiss a proven scientific conclusion in favor of flimsy circumstantial evidence against the victim? It must have been something he found in her background because he called her a con from way back. She had never struck anyone. But what about Dustins, documented and erratic and violent behaviour? (see document here) What about Michaels physically abusive relationshiop with his kids and his own wife? By the standards Vileta had set up anyone of these were capable of pulling the trigger. But Vileta was on a mission. Those facts didnt enter into his equation. Vileta showed a distinct pattern in the investigation of discounting any evidence that didnt fit into his theory. Take Mona Wehdes sworn statement in 2002, her adamant assertion she had been manipulated in a love affair by a local con man and Mafia thug in order to gain her confidence, access to her house, her phone, and her real estate office, where she had a key to the Roberts home because of her real estate business. Despite a promise to marry Mona and run away from his wife, the man, Jeremy Collins, disappeared days after the murder. He paid off his car, his house, quit his job, and he and his wife moved away. Mona never saw him again. Heartbroken by the loss of her child and now duplicity of her illicit lover, she was mortified she might have been unwittingly involved in the murder plot of her own son. She said as much in a sworn deposition to the police in February 2002. Mona went on to say that she knew Jeremy was involved in a range of illegal activitiesmoney laundering, drug dealing, murder for hire, and more. Jeremy had even spoken to her son, according to phone records, calling her house when she couldnt have been home, and only Dustin had been. Could this have been the mysterious man Dustins notebook referred to? Duty bound to follow up on such an auspicious lead, Special Agent Vileta took a plane ride to Germany to interview Jeremy Collins. While he did file a report, it only consisted of the fact that he asked Collins four questions. The alibi Collins gave if followed up by Vileta would have proven false and only a single sheet of paper even showed the interview had taken place. No need. Collins didnt fit into Viletas theory of why Tracey shot Dustin. Its impossible to pinpoint what exactly caused Vileta or when he crossed over the line from neutral servant of the law to a biased investigator, intent on proving the guilt of Tracey Richter. But the fact he did came from his own admission to his boss in an e- mail where he reported that he was having trouble appearing to be neutral. He was now a biased investigator, and he wanted Tracey Richter indicted for murder, and in order to do that he had to fake it. He had to keep his bias to himself; he had to appear to be objectively examining the evidence as it came to him. Because thats what the law required of him; because thats what servants of the law are sworn to do. His only problem was his boss, Sac County Attorney, Earl Hardisty. He had refused to indict anyone for the charges simply because the evidence as he saw it was flimsy. The crime scene had been too contaminated by emergency responders and police. Then there was the issue of the crime scene itself undergoing a cleaning by city employees and then released to Michael Roberts within 24 hours. Shortly after taking the house back over, Roberts found a shell casing the CSI investigators had missed and brought it to the police. Within weeks Roberts fails a polygraph and becomes the prime suspect. The fact that Michael had failed a police polygraph was an obstacle that none of the investigators could get around in pursuing suspects in the case. In the original investigative reports compiled by Sac County Sheriffs Investigator in 2002 tell Michael Roberts hes convinced the man knows more about the crime than hes saying. Michael immediately ended the conversation. Michaels refusal to cooperate and the deceptive results from the polygraph combined Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 160. with the shoddy police work on the crime scene convinced the veteran prosecutor Hardisty that charges against Richter wouldnt hold up in court. But none of this stymied Special Agent Vileta. He had a theory to prove, and he was determined to explain the truth as he saw it. Examining the crime scene nearly eight years after the fact, after all the forensic evidence had been wiped clean and long ago disappeared; Vileta determined that innocent Dustin must have been lured to his death. The trajectories of the bullets proved beyond a doubt, Tracey had casually stood by the side of the bed and fired away at a young man who could not have been attacking her. This was a conclusion no other Sac County officer had been able to come to, but Special Agent Vileta could and did. With the crime scene evidence along with his profile on Tracey and his explanation of Michaels failed polygraph, he now had his proof. But what Vileta didnt have was a cooperative prosecutor who would see things his way. Not until January 1, 2011 when the new man moved into the county prosecutors office, one Ben Smith. The Notebook What seemed like a mysterious clue with unknown relevance to the previous investigators, to Ben Smith, the new DA, it was the prized last piece of a complicated puzzle, one he had been searching for since he first heard of the case. Ben had a meticulous way about his drive for justice, and he combed through the old case files and found that one piece of evidence that he claimed investigators had never disclosed existeda pink notebooka clue police didnt intend to announce until they understood its relevance. It belonged to Dustin and it was found in the front seat of his car parked outside Traceys house. It was a journal of sorts in Dustins handwriting, one of three notebooks found that mentioned the name Pitman. Among other entries were cryptic references to Traceys child custody struggles with her first husband, Chicago physician, John Pitman. There was also a reference to a mysterious man who had contacted him about killing Tracey. Smith knew the notebook was top secret and so one night when he was at dinner at his girlfriends house, he mentioned to Mary Higgins, his girlfriends mother, that there was more to the Tracey Richter shootings than most people know about. When Mary replied, Oh, you mean that stupid notebook, it was then Smith experienced a moment of epiphany worthy of Sherlock Holmes. It doesnt at all defy imagination to assume that evening and on subsequent times, the new prosecutor Ben Smith and his former campaign worker, Mary Higgins, discussed at length their concerns about the guilt or innocence of Tracey Richter. But what about that night at dinner? At the very least they discussed how he had just connected the dots in the murder case he intended to file against Tracey. The connection Smith said he made that night at Marys home was that Tracey could not have known about the notebook and its contents unless she had fed Dustin the incriminating information about John Pitman herself. Tracey must also have wanted the notebook to be discovered, and somehow made sure Dustin carried it around in his car. From there he concluded that all of the physical evidence in the case was a lie created by Tracey to cover up the real facts: at the time of the break in Tracey was in the midst of a nasty child custody dispute with John Pitman. Smith theorized that she had planted the information about Pitman to pin the break in on him. And in order to complete her monstrous scheme, she lured Dustin to the house that night, then upstairs into her bedroom, and then shot him down in cold blood, then injured her own neck with a pair of pantyhose, made up the story about the second intruder, coached her young sons (Bert and Noah) in what to say happened, and then called 911. But what if Smith didnt mention outright that he thought Tracey was guilty of first degree murder. What if had merely implied that she had done it? Do words have to be spoken in order for a servant of the law to communicate an opinion of guilt or innocence? Every law school student knows that prosecutors are bound by the highest ethical standards to assure every defendant receives a fair trial. Thats there sworn duty. Thats how our justice system works. And therefore they are duty bound not to prejudice a witness or a jury by communicating an opinion about the guilt or innocence of a defendant. Courts recognize the power of prosecutors facial expressions and body language to unfairly influence a jury, and when it is done, intentionally or unintentionally, they consider it prosecutorial misconduct. Mary said in an interview with Dateline that Ben went white at the moment of recognition of Marys knowledge of the notebook. She knew what was going through Bens mind. Why would she remember the incident so vividly if she didnt think Ben was convinced Tracey had committed murder and not an act of self-defense? This is a reasonable assumption; one that is only amplified by Marys other statements regarding the meaning of the multiple identities of Tracey Richter. We dont know exactly when Mary cobbled together the other disparate details she knew regarding Tracey Richter, and turned her friend of many years into a murderess in her mind, but its fair to say it happened about or shortly after that dinner with Ben Smith. If not why would that night be so central to the memory of both of them? The question that begs to be asked is would the murder trial of Tracey Richter have had a different outcome if the key prosecutors witness had not been unfairly prejudiced and unduly influenced? Its not unreasonable to doubt that with this kind of behind the scenes influencing of one witness, it would become impossible for Tracey to get a fair trial in the small counties surrounding Early, Iowa. Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 161. The prosecutions case turned on two key witnesses. First, was Mary Higgins. Mary, as we will see later, from the beginning had an insatiable interest in digging into Tracey Richters life. Second, was Burt Pittman, who was only 11 at the time of the crime, but ten years later he was even more adamant about his memories of that evening. The trial hinged on who the jury would believe, a town busy-body and friend of the prosecutor, or the only eye-witness to the gruesome event other than the victim herself. But if Smith was going to convince a jury of his theory hed need to impugn the eye witness testimony of Burt. At trial he would have to convince a jury Traceys son had never seen what he said he saw or heard what he said he heard. And he would have to convince the jury of Mary Higgins credibility. She became his star witness. Even though she was a longtime friend of Tracey, she was also someone with her ear to ground in Early who seemed to have at her disposal so many details about Tracey Richters life. Details she was more than willing to pass along to Ben Smith. And Ben Smith never fulfilled his duty to the public by disclosing to the defense his full and true relationship with Mary Higgins. It wasnt until after Mary was deposed by the defense counsel that their prior relations came to light. When questioned by the judge, Ben Smith assured him he was merely an acquaintance of Marys, and his real friend was her husband. But if thats the case, why didnt Smith disclose all of this beforehand. He had an ethical duty to do so. Was this ethical lapse on Ben Smiths part intentional? Or is it just part of a larger pattern of deception? WasMary Higginsa Reliable Witness? Star witness Mary Higgins of Early Iowa seems to contemplate her facial expression before glancing over to her self proclaimed Best Friend, Tracey Richter. Mary Higginss testimony helped send Tracey Richter to jail for life. So its fair to ask, was she an impartial witness? Or did her prior relationship with Sac County Prosecutor Ben Smith color her sense of the truth? She worked for him during his election campaign. Smith ate at her house, dated her daughter, and Mary became a source of information. Later she told Ben Smith that Tracey had told her the second intruder wore a ski mask. But Tracey had provided a description of the second intruder. Mary said that made her wonder if Tracey was just making everything up. But who was making things up? In a police report June 21, 2011, Cross Roads Caf owner, Robyn Padgett tells a different story about Mary Higgins, one going back to shortly after the shooting. Robyn helped Mona Wehde clean out Dustins room shortly after his death. In his room they found a black notebook, which had cryptic, written in some type of coded writing. Mona turned it over to Lt. Cessford later in the week. Mona and Robyn both knew about a notebook, a black one In an interview with Sheriff McClure in June of 2011, Robyn reported telling Mary Higgins about the notebook. So now Mary Higgins knew about the notebook, not necessarily from Tracey, but from a completely different source and that this notebook also referenced Pitman. Further, Robyn stated that she spoke often to Mary who was always trying to get Robyn to befriend Tracey Richter. According to the report, Padgett always felt that Higgins was trying to get information from Padgett. And also said Mary Higgins is the one who told her about the ski-mask. Later in the same report, McClure notes that Padgett is mentioned in an e-mail he received from Tracey in March 2005 where she mentioned the notebook that was found in Dustins bedroom. Robyn also reported that she and Mary talked so much that she had taken pages of notes from their conversations. It would be consistent with Marys personality that if she knew about a pink notebook, it would have come up in her any of her numerous conversations. But Mary never mentioned she knew anything about a pink notebook. So what did Mary know? And what did she make up? And what did she tell Ben Smith? Theres a question if she even told the truth on the stand. Its common knowledge that Mary Higgins worked on Ben Smiths election campaign, and that Ben openly dated Abigail, Marys daughter during the time between his swearing in January 2011 and Traceys arrest in mid-July. He admits he was at her house the night of his insight into the case, and Marys admission regarding the pink notebook. She knew about the notebook from her friend Robyn Padgett. But in court she said Tracey had told her Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 162. everything. Mary had talked to her friend Robyn at great length about every aspect of the case that Robyn filled a notebook full of notes. She went to great lengths to prompt Robyn Padgett to befriend Tracey. Why did she have to do this if she and Tracey were best friends? Why did she have this insatiable thirst for information about Tracey? What was her motivation in prying into Traceys life? Well never know, but what we do know is that Mary never told the entire truth under oath. Tracey claimed she never told anyone about a pink notebook, because she wasnt aware of its existence. And Mary claimed Tracey told her about it, all along shed learned about it from Robyn Padgett. Who had the most to gain from killing Dustin? Ben Smiths argument for prosecuting Tracey for first degree murder rested on a couple of premises. Tracey was in a battle over child support for her son Burt. John Pitman wanted to cut off the $1000 a month she was receiving. To do this she wanted to frame John Pitman for attempted murder and to keep her plans secret she killed. Yet, the facts remain that Michael Roberts made a secret deal with Mona Wehde, a real estate agent, to sell all of their marital properties without Traceys knowledge. He met secretly with her to discuss the deal just prior to the shooting of Dustin. Michael was planning a move away from the area, and hed bring Tracey up to speed on it later. Thats what he told Mona. With Tracey out of the way, he would become sole owner of Xellex and Mile2 a businesses which recently did $2 million dollars in new sales. With Tracey out of the way Michael would own all of their property and could move the kids where he wanted to. With Tracey out of the way Michael would be the majority shareholder of Mile2, even after he provided Ray Friedman the equity he had previously promised him. With Tracey out of the way he could marry another woman, which he did even before his divorce was final. But Special Agent Vileta didnt see any connections or any reason to suspect Michael Roberts because hed made up his mind about Traceys guilt and he had no intention of backing down. WasJustice Upheld? The duty of a public prosecutor is to uphold justice by seeing that the law is applied fairly. The typical mindset thats attributed to attorneys is that they are out to win their case at any cost. Public defenders, on the other hand, are held to a higher standard. They have a duty to avoid conflict of interests in their relationships with witnesses. They have a duty to disclose any facts or evidence material to the case, even if it tends to exonerate the accused. Under no circumstances are they to threaten, badger, or tamper with witnesses by contaminating them with their own opinion as to the guilt of the accused. They are not to present false or misleading evidence; or to use unreliable or untruthful witnesses and snitches. Ben Smith got Mary to testify about the pink notebook, the secret piece of evidence that no one could possibly know about. But documents prove Mary Higgins, Robyn Padgett and Mona Wehde knew about such a notebook with cryptic writing, even prior to the 2004 civil trial in which Mona Wehde sued Tracey Richter and the crime scene photos and other evidence became a part of the public record. In 2004, 7 years prior to the Tracey Richter murder trial the crime scene photo showing the Pink Notebook had been in the public domain. Multiple notebooks with Dustins writing and the name Pitman had been in the possession of Sac County Police. Smiths theory was that the only one who could know about the contents of that book was Tracey because it contained details about the relationship between her and John Pitman. Yet, Michael Roberts admitted speaking to Dustin Wehde about John Pitman and not painting a very pretty picture of Pitman Dustin was being mentored by Michael and was in and out of their house on many occasions. Michael was so enraged over Traceys struggles with her ex over their step-son that he admits in Twisted to Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 163. personally wanting to kill John Pitman and another person from Illinois. What if Dustin overheard a conversation? Tracey discussed these details in the family constantly. Michael even threatened John Pitman on the phone that he had deep pockets and that he would lose the child custody fight over his step-son, Bert. In Lt. Cessfords report, the night of the break in when Tracey was in the hospital, Michael called the hospital and the Lieutenant took the call. He asked the deputy to watch out for a car with an Illinois license plate, that the man was dangerous; referring to the very men Michael said he wanted to kill from Chicago. Why would Michael make those statements if he didnt know the whole story about Tracey and Pitmans struggle over custody and child support? But a more troubling aspect of Ben Smiths ethical standards is his relationship with Michael Roberts? After he was elected, he served as a character witness for Michael Roberts in his efforts to get full custody of his children. This is not only a conflict of interest, but Smith went one step further to assure and made sure Michael Roberts remained in the Victims Witness Protections program so that he could not be subpoenaed to testify in the Tracey Richter trial, nor be reported for the on-going child abuse of Noah and Mason Roberts. Why WitnessProtection for Roberts? Its common knowledge that witnesses under oath in a courtroom shouldnt not lie. But whats more egregious is when the county prosecutor participates in that lie. One of the forms of prosecutorial misconduct is the presentation of false testimony or evidence. This is an absolute prohibition according to the Supreme Court: The prosecution cannot present evidence it knows is false and must immediately correct any falsity of which it is aware even if the false evidence was not intentionally submitted. Presenting false evidence to the jury harms the defendants right to a fair trial by lying to the jury about the evidence. So how did Ben Smith commit prosecutorial misconduct? By allowing a prosecution witnesses to knowingly lie, and to make sure his testimony could not be impugned, hid Michael Roberts away in the victims witness protection program. Using this strategy Ray Friedman allegedly could tell his lies about Michael Roberts alibi the night of the shooting and not be questioned by the defenses cross examination of Roberts. Author Note: It is outside the scope of this article but based on information and belief, Part 2 will detail howMichael Roberts and key prosecution witnesses shared in several million dollars in business revenue and were helped by Sac County Prosecutor Ben Smith in advance of the Tracey Richter trial. Ray Friedman Liesto Cover for Roberts? Shortly after the shooting, Ray and Marie had been interviewed by the police in 2001, and his testimony favored the defense. The police uncovered that Ray Friedman was paid $25,000 by Michael Roberts shortly after the shooting, supposedly for his work done for Roberts Internet security company, which eventually evolved into a company called Mile2. Marie Friedman who was gave both a police interviewprior to when her husband was paid $25,000 by Michael Roberts or became the CEOof Michael Roberts founded company Mile2, recants her previous statements to police which would have supported Tracey Richter. It is alleged that the Friedmans knowingly lied on the witness stand as to how he recollected events leading up to being paid a fee by Roberts, compared to what he told police in interviews back in 2001. At Traceys trial Ray Friedman said he was paid the $25,000 for work done at Roberts firm, and that he no longer worked for Michael Roberts. Now he was self-employed and performed financial audits. In fact Ray Friedmans testimony was that I left and got a better paying job and its been the same since I left, He then estimated hed been on his new job for 3-4 years, which at the time of a murder trial would be in 2007. Ray Friedman has been the Chief Executive Officer of Mile2 since 2007. So who owns Mile2? According to the records Michael Roberts founded Mile2 in 2001. The very same Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 164. year of the attack. At the time Ray and Marie Friedman testified he knowingly lied claiming he was a self-employed auditor he was in fact an officer of Mile2, which makes him an employee / business partner of Michael Roberts. Watch Raymond Friedman testimony here http://www.youtube.com/watch?v=E0sCq4l9Hs8&feature=relmfu Further, Michael Roberts used Mile2 in 2004 to transfer marital assets to Malaysia, hiding them from his wife, Tracey. Mile2 is also the entity which provided Michael Roberts a letter of employment and fraudulent W-2s for Roberts to purchase a home for his then fiance, and the realtor on the transaction was Janet Christenson, Ray Friedmans mother. More alarming is that Mile2 solicits business for its Penetration Testing or Red Teaming and those government agencies: U.S. Airforce, U.S. Marines, U.S. Army and Federal Aviation Administration (see documents here) are used to solicit business recognizing, Mile2 as the best in what laymans terms would be called hacking. Michael Roberts soliciting business by showing a letter of recommendation by the Federal Aviation Administration, to his Mile2 email roberts06@mile2.com. The letter states Mile2 has hands-on-experience with attack tools daily and they claim to handle penetration and red teaming training for the red teams of the military. Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 165. More Tampering Eight months prior to the murder trial both Fox News and consumer advocacy website Ripoff Report reported on a hacking code allegedly used by Michael Roberts and called his use of it criminal. I personally wrote a detailed expose that explained how Michael Roberts used this hacking code to cover for a wealthy client physician who was responsible for covering up the death of a patient. I supplied Prosecutor Ben Smith documentation of how Michael Roberts had tampered with the jury for the murder trial via the Internet. I even provided Attorney Smith with evidence of an alleged juror who went onto the Internet, and was tampered with in the manner I detailed, and claimed they convicted Tracey Richter solely on what they read online, not the evidence presented at trial. Within 48 hours of the time I submitted this evidence to Ben Smith; he sent all of it directly to Michael Roberts rather than investigate the allegations. Sources have confirmed that after Ben Smith relaying this information Michael Roberts created a ghost of his hard-drive and also reinstalled his operating system. Conflict of Interests Ben Smith had a conflict of interest with his star witness, and failed to fully disclose all aspects of that relationship to the Judge. Smith also had a conflict of interest in befriending and supporting Michael in his quest to gain full custody of his children. He did it despite knowing Michael was a child abuser according to the Iowa Childrens Protective Services finding. Justice = Just Us There was no presumption of innocence on the part of Special Agent Vileta. He made up his mind early on that Tracey was a con, and he ignored all of the evidence in front of him that Michael had a history of domestic and child abuse, and had already implicated himself with his failed polygraph test. Instead he focused on an argument Tracey had with John Pitman and other events in her past that in his mind made her a dishonest fraud. Vileta no doubt talked in this manner to the new county prosecutor and Ben caught the bug of biased opinion. And this rigid view of Tracey took root early on in Ben Smiths mind and it came out in his conversation with Mary Higgins. From his reaction to Marys admission she knew about a notebook, it was evident hed lost his perspective on Traceys possible innocence, and could not presume any longer that she could be innocent. And did Tracey get a fair trial when the prosecution put an alleged liar and town gossip on the stand, Mary Higgins. She lied about who she heard about the notebook from, and her lie overshadowed the eye-witness account of a frightened eleven year old. Because thats how Ben Smith impugned the testimony of a 21-year- old Bert Pitman, by taking his testimony as a frightened kid ten years before and compared it line for line, and parsing words and making him out to be a liar by saying he didnt hear what he heard when he said his mother was attacked and nearly strangled to death. The other eye witness (Noah Roberts) forced to live with his abusive father, ironically placed in witness protection along with his sister Mason with the very person they needed protection from their father. Strategically it was a brilliant move for the young prosecutor because witness protection removed the other eye-witness to the attack and made it impossible for Michael to be served. The hacking code which allows jury tampering was utilized in this trial, but how many others? Is this the very reason for the Prosecutors Office to have allowed all of this to happen? The hacking scandal continues to rock the U.K., but many of the same players are allegedly involved with Mile2 and Michael Roberts. And all this injustice has rolled down on the shoulders of Tracey Richter, and she sits in cement cell, behind bars, for the rest of her life for something she didnt do. Authors Note: In this lucid discussion we examine significant revelations of systemic wrongdoing in Sac County and Iowa Division of Criminal Investigation. Perhaps the culture of Iowa is different from that of other states in that denial of the truth is deeply woven into its ethos. I was ignored when I called informational / tip-lines in Febru Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 166. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Click to Close Page Not Found We're sorry! We were unable to locate the requested page. Please check the URL you entered to make sure it is correct. If you were looking for content owned by a Screencast.com user, please contact the content owner for more information. You can also go back to the Screencast.com homepage, or visit the Help Center. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Page Not Found We're sorry! We were unable to locate the requested page. Please check the URL you entered to make sure it is correct. If you were looking for content owned by a Screencast.com user, please contact the content owner for more information. You can also go back to the Screencast.com homepage, or visit the Help Center. This report was postedonRipoff Report on09/09/201210:01PMandis apermanent recordlocated here: http://www.ripoffreport.com/r/NOTICE-July-13-2014-Ripoff-Report-Launches-Full-Investigation- Sac-County-Iowa-ProsecutorsAllegations-Warrant-Unprecedented-Action-from-Ripoffreportcom- regarding-Darren-Meade-PostsBen-Smith-Sac-County-Iowa-Prosecutor-Prosecutorial-Misconduct- Tracey-Richter-Falsely-Convicted-Overwhelming-Evidence-Michael-Roberts-Rexxfield/Sac-City-Iowa- /NOTICE-July-13-2014-Ripoff-Report-Launches-Full-Investigationnbsp-Sac-County-Iowa-938843. The postingtimeindicatedis Arizonalocal time. Arizonadoes not observedaylight savings sothepost time may beMountainor Pacific dependingonthetimeof year. Ripoff Report has anexclusivelicensetothis report. It may not becopiedwithout thewrittenpermission of Ripoff Report. Click Here to read other Ripoff Reports on *NOTICE: July 13, 2014: Ripoff Report Launches Full Investigation!!! Sac County Iowa Prosecutor’sAllegations Warrant Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 167. 1 Author 45 Consumer 7 Employee/Owner REBUTTALS&REPLIES: Unprecedented Action from Ripoffreport.com regarding Darren Meade Posts....Ben Smith Sac County Iowa Prosecutor Prosecutorial Misconduct | Tracey Richter Falsely Convicted | Overwhelming Evidence Michael Roberts, Rexxfield Updates & Rebuttals #1 Consumer Comment ETHICS ALERT TABLOID JOURNALIST MICHAEL USHER; HANNAH BOOCOCK; MARK BRITT - DELIBERATE FACTUAL INACCURACIES & LIES / WARNING TO POTENTIAL INTERVIEWEES of disgraced 60 Minutes Australia, Ninemsn AUTHOR:Darren M. Meade - () SUBMITTED: Thursday, June 26, 2014 WARNING TO POTENTIAL INTERVIEWEES of disgraced 60 Minutes Australia Tabloid Journalist Michael Usher. More embarrassment for news Ninemsn and Mi9 when up-and-coming journalist for the 60 Minutes Australia tabloid journalist website was caught in a pay-for-placement conspiracy with a murder suspect Michael Roberts / the estanged ex-husband of Tracey Richter. Roberts stole millions of dollars in martial assets wiring them to Malayasia, Aruba and Australia. Usher, then went about smearing the reputation of those trying to help justice prevail. The motivation for these despicable and unethical actions are still to be determined, and should be uncovered in pending litigation. But the 60 Minutes Australia segment was crucial in Roberts being able to remove his children in violation of a U.S. court order. This is an incredibly convoluted story, but serves well to warn potential interviewees about the character and ethics of this disgraced journalist who is also linked to Ninemsn and Mi9. More info: http://www.ripoffreport.com/r/Ben-Smith-Sac-County-Iowa-Prosecutor- Prosecutorial-Misconduct-Tracey-Richter-Falsely-Convicted- Overwhelming-Evidence-Michael-Roberts-Rexxfield/Sac-City-Iowa-/Ben- Smith-Sac-County-Iowa-Attorney-prosecutorial-misconduct-improper- relationship-with-st-938843 Justice Reform Consortium letter in support of Tracey Richter http://www.desmoinesregister.com/story/opinion/readers/2014/06/26/richter- prosecutor-goes-far-added-punishment/11385245/ WATCH THIS VIDEO TO UNDERSTAND THE ALLEGED MOTIVATION OF WHY MICHAEL ROBERTS HIRED TWO MEN TO KILL HIS WIFE AND CHILDREN. *NOTICE: July 13, 2014: Ripoff Report Launches Full Investigation!!! Sac County IowaProsecutor’sAllegations Warrant UnprecedentedActionfromRipoffreport.comregardingDar Search for additional reports If youwouldliketoseemoreRip-off Reports onthis company/individual, searchhere: Search SearchTips Report & Rebuttal Respond to this report! File a Rebuttal Also a victim? File a Report Repair Your Reputation! Get Started Arbitrate Remove Reports? No! Better yet! Arbitrate to set the record straight! Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 168. Page Not Found We're sorry! We were unable to locate the requested page. Please check the URL you entered to make sure it is correct. If you were looking for content owned by a Screencast.com user, please contact the content owner for more information. You can also go back to the Screencast.com homepage, or visit the Help Center. The Des Moines Register Editoral / Believes Judge Should Correct Mistake http://www.desmoinesregister.com/story/opinion/editorials/2014/06/24/judge- correct-mistake-richter-case/11293701/ #2 Consumer Comment 'Ka-Pow': Des Moines Register Editorial Board whacks Prosecutor Ben Smith over violating Tracey Richter's civil rights AUTHOR:Darren M. Meade - () SUBMITTED: Wednesday, June 25, 2014 'Ka-Pow': Des Moines Register Editorial Board whacks Prosecutor Ben Smith Legal experts told The Des Moines Register that seizure order by Benjamin Smith raised serious concerns about Richter's rights while she is confined by the Department of Corrections. Holy headlines! Read full story here: http://www.desmoinesregister.com/story/opinion/editorials/2014/06/24/judge- correct-mistake-richter-case/11293701/ ZOINK! New evidence, shows, Ben Smith’s star witness at the Tracey Richter trial, was in reality, his fiancées mother. It gets stranger, the power of Tracey Richter’s ex-husband Michael Roberts has considerable reach. Roberts’s not only helped Ben Smith get elected but also the County Attorney’s in Buena Vista and Cherokee County, Iowa. Roberts's snubbed his nose at contempt filing and court orders and bragged about his ability to so ( see Report: #829963 on this site rebuttal #1) Roberts’s transferred large amounts of cash outside the country prior to the deadly home invasion and sloppily, admitted to standing in the blood of Dustin Wehde, and removing his car from the active crime scene. Holy stupidity Sources state that Smith’s violation of Richter’s rights were to deprive her of legal document, access to law library and being able to discuss he upcoming appeal. BAM! Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 169. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Click to Close #3 Consumer Comment Seriously ??? AUTHOR:Handsome LLCPresident - () SUBMITTED: Saturday, May 03, 2014 Seriously ??? By: Handsome LLC President, Byron To assert that the facts presented inthe prosecutorial misconduct case was inappropriate and out ofthe scope ofthis website to address is ludicrous at best and blatant ignorance at worse. The potential negative, damaging and life~altering impact onanentire county;and this is inclusive ofevery personliving withinthe county lines, where there is a corrupt prosecutor is tantamount to a local or state government being takenover by a rogue regime. As a citizenofthat tragic county, knowing that there is no justice to be had withinyour county borders is about the biggest 'Ripoff' a tax paying and law abiding citizencan endure. No justice for those falsely accused and no justice for the families ofthose innocently murdered. Please share withme, your thoughts ofany greater injustice, provide for us, your thoughts ofa bigger ripoff. Think about and follow the logical conclusionofhaving a corrupt D.A. or Prosecutor in your county whenand ifyour home is burglarized and law enforcement has apprehended the alleged perps. Ah, but wait. Please allow me to add one more variable. The two alleged perps are the best friends ofthe county prosecutor. I'msuspensefully awaiting the final ajudicationofyour case and if, due to the cozy comraderie ofthe prosecutor and his old college football mates, evidence is withheld by the prosecutor-pivotal evidence. Evidence onwhichthe case turned, evidence that ultimately (due to be withheld)allows the perps to go free....Think you've been 'rippedoff' yet? Respectfully, ByronD. Grays, B.S., MPA, J.D. Dallas/Ft.WorthTX #4 Consumer Comment Collateral Murder, there’s something not right about this? AUTHOR:wolf technical in sheeps clothing - () SUBMITTED: Sunday, March 09, 2014 Dear Readers, I am writing to make record of documents Michael Roberts Rexxfield asked me to publish in his behalf. Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal converted by Web2PDFConvert.com E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 170. I worked with both Michael and Tracey. Michael wrote me often with kind, generous, and quite lengthly biblical quotes, and has called me his "brother" and professed his love for me. Michael Roberts of Rexxfield, also owns Mile2. Consequently, the attached sworn testimony of Michael Roberts, shows despite fearful death threats against he and his family has been a terrorist hunter and FBI informant since 2004. Mile2 accommodated Michael Roberts fearful request, and moved all assets to Heidi Roberts of Finland via Sons Limited. In light of this evidence and more, I request other refrain from further writing about Michael Roberts and trying to defend his business partner, Tracey Richter. As you can see, even if he and Ben Smith wrongfully convicted Tracey, how many terrorist have been captured because of is work? I have a trial of correspondence which clearly shows others (not Michael) may have been selling government secrets. Report Attachments: #5 Consumer Comment Ben Smith admitted he lied. listened to confidential phone calls and withheld evidence on more than one case. Corruption continues. Michael Roberts learned about dirt on Ben Smith since 2001 AUTHOR:BuenaVistaUniversity- () SUBMITTED: Saturday, March 01, 2014 I work with local government here in Cherokee County, Iowa. When this website first came out many laughed and said, none of this could be true. Like others I see they were at first influenced as I was by my piers and superiors. Today, many others I know believe as I do, there is only some things that are on this site that are a joke and I guess the joke is on us, and well deserved. I have to admit; this site has given much needed pressure to stop those who will take advantage of the less fortunate and many wrongfully convicted inmates in Iowa. Police in both Sac and Cherokee County are not as rambunctious, they Respond to this report! File a Rebuttal converted by Web2PDFConvert.com E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 171. even joke about this website. I've heard it with my own ears. Recently I was privy to conversations where Mr Smith who I respect, or thought I respected. He did not know others were listening at the time and what we heard was outrageous. Mr Smith admitted that he had withheld important information on criminal several cases to get a conviction where they all (he bragged) are still serving time. Mr Smith stated, he never liked anyone of them anyway that they were all scumbags that needed to be put away anyway. Ben Smith should be punished for his crimes. If I had heard this second had I would have never believed it. Also a known fact, he is has had a relationship with Michael Roberts since 2001 when they met at Buena Vista University. Ben Smith was at Buena Vista University - Michael had some embarassing information about Ben Smith deleted. He did this as Michael's company did work at Buena Vista University and sparks flew between the two. My girlfriend worked in administration for Buena Vista University and said she forwarded the attached documents to prove the relationship between Michael and Ben but she was then threatened if she told anyone else. Michael Roberts company name was Xellex here is a copy of the contract my girlfriend sent along with other documents to prove Michael and Ben's relationship. This report was postedonRipoff Report on10/02/2004 Report Attachments: Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 172. #6 General Comment I dont understand... AUTHOR:someonesmother - () SUBMITTED: Saturday, March 01, 2014 ....because I am a nurse that after 25 yrs plus years of experience has found late in life that I have an interest in the US legal system. Iam an avid reader as well. Since 2009 I have read many court documents includening sworn testimony of more murder cases in US history than I can count. The cases since the 60s have taken an interesting swing. Especially cases since the late 70s. More and more you can google about any given case during those time periods and will see nearly identical complaints across the board across this nation. Complaints of complete innocence, to prosecutorial misconduct. But rarely are defendants willing to accept responsibility for their actions. They want a deal, to blame others, anything but accept responsibility. The syndrome then snow balls out of control. Beginning often with the parents and family of the defendant . The claims grow and grow until you find great claims of all kinds of wrong doing other than any responsibility taking! The claims all sound alike! They begin to sound so much alike that I find myself nauseated in fact. I am the mother of 6. I buried 1 child and sent another to wars that I dont agree with 4 times! He isnt the same despite returning but he served well, proud and for honorable reasons. But when those experiences brought him to where he chose to break the law rather than seek the help I desperately sought and pointed him towards I turned him in to law enforcement myself! Because it was right, because others could get hurt, because he could get hurt because if he was to ever be ok again thats what it was going to take! I didnt bury my head in the sand, I didnt make excuses and I forbid him to make excuses! He is angry and I I die with him still angry then so be it! Parents, we are always a parent if our chikd is in crisis yes! But if we continue on this path we are flushing this country down the toilet and our children and grandchildren have their hands on the handle....do we continue and let them flush us into the sewers and into a hell we may never return from? Or is it time for responsibility in this country for actions taken? I submit to YOU its time to stop with this nonsense! Not one of you really care about this women or her children. The Jodi Arias is Innocent types dont really care about her either. They were Casey Anthony freaks b4 that! You are all making it worse in one way or another with articles like those here! Its time to stop! ..... someones mother.... #7 Consumer Comment Looks like a typical idiot. AUTHOR:diamondback - () SUBMITTED: Tuesday, February 25, 2014 This Ben Smith jerk looks like a typical jack@$$. Somehow, these clowns all have a certain "look" to them. That "look", just screams "I am a thieving, lying, backstabbing piece of garbage". #8 Consumer Comment Re-investigation Uncovers Evidence of Innocence: Attorney Ben Smith Sac County Iowa Eaves Dropped on Confidential Calls Between Tracey Richter and Defense Counsel AUTHOR:Darren M. Meade - () SUBMITTED: Tuesday, February 18, 2014 WARNING!...CRIMINAL DEFENSE ATTORNEYS IN NORTH DAKOTA, SOUTH DAKOTA, MINNESOTA, WISONSIN AND IOWA. POSSIBLE CASES CAN BE OVERTURNED / PROSECUTOR BEN SMITH SWORN TESTIMONY PROSECUTORS LISTENING TO 'OCCASIONAL' CONFIDENTIAL CALLS NOT DELETED BY RELIANCE TELEPHONE SYSTEMS. NEWS ANALYSIS AND OPINION Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 173. Sac County Attorney Ben Smith—in his zealous pursuit to bring criminal charges against his business associates estranged ex-wife failed to disclose he attempted to help Tracey Richter’s ex-husband get a business loan and when that attempt failed 4 months later he charged Tracey Richter for murder. Ben Smith's business associate, Michaael Roberts has openly confessed that he was at the witnessed the body, blood and brain matter of Dustin Wehde at the crime scene. The stretch and improper conduct of prosecutor Ben Smith according to his sworn testimony also included listening to privelaged calls between Tracey Richter and her defense counsel recorded by the Reliance Inmate Telephone system which 'occasionally' does not delete all confidential calls. It was egregious and intentional because he then reviewed the recorded calls. See video below. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Click to Close Report Attachments: #9 Consumer Comment DATELINE NBC POEM... AUTHOR:Karl - () SUBMITTED: Monday, January 27, 2014 is available at this site. Just type in 529757 and it appears in the consumer comments section at Ripoff Report #529757. The poem currently appears at Consumer Comment #72. WELCOME TO DATELINE NBC- WE SERVE AND PROTECTTHE CARTEL OF CORRUPTAND GREEDY INDIVIDUALS WHO ULTIMATELY CONTROL THE MAINSTREAM MEDIA, MUCH OF THE LEGAL SYSTEM, THE PRICE OF OIL, THE U.S. GOVERNMENT, THE U.S. MILITARY, THE NSA, WALL STREET, AND JUSTABOUTEVERYTHING ELSE IN THIS CORRUPTAND EVIL COUNTRY THAT IS FALLING APARTRIGHTIN FRONTOF EVERYONE'S EYES #10 UPDATE EX-employee responds Newly discovered facts Michael Roberts Planted The Pink Note Book AUTHOR:DCI / INSIDER- () Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 174. SUBMITTED: Wednesday, December 18, 2013 The Pink Notebook wasn’t fingerprinted until 2009 when it was found to have 13 readable fingerprints. Ten were Dustin’s, none were Tracey Richter Roberts, but Jeremy Collins’ and my ex-husband Michael Roberts’s fingerprints were never compared to the unknown prints. In addition, the former county attorney Earl Hardisty made multiple requests to have DCI put Jeremy Collins in a photo line-up for Tracey to see if she could identify him as the second intruder and they refused. Trent Vileta wrote in an email to Sheriff McClure in 2010 that he was “having a very hard time appearing to be neutral.” Trent Vileta misled Mona Wehde and changed the tone of her testimony by telling her that Michael Roberts had been cleared of any wrong-doing in the death of Dustin Wehde. However, in fact there is no record in the discovery of any interviews with Michael Roberts after his failed polygraph in 2002 when he ws found to be deceptive with 99% certainty when he gave the following responses: • Did you arrange for Dustin Wehde to be in your house December 13th? No. • Did you plan in advance for Dustin to be in your home December 13th? No. • Do you know the identity of the 2nd intruder in your home on Dec. 13th? No. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Click to Close Report Attachments: #11 REBUTTAL Individual responds It has been an age old expression AUTHOR:IdaGrove - () SUBMITTED: Saturday, December 14, 2013 Michael Roberts ("The Swinger") is famous for his kinky lifestyle and epic failures. Sucking up as Ben Smith's "Right Hand" man, sources at Sac County Attorney Office verify Michael was a specialist in ORAL argument. Michael Roberts and Ben Smith known for switch-hitting, later moved on to play pimp for other team members. In fact, Michael got caught on tape telling tales about Smith's dark past. What will be revealed? It has been an age old expression "It's who you know and who you blow!". And is continuing on here in our hole in the earth Storm Lake. Another issue on which Ben advocates is Domestic Violence. He supports the abuser's who hurt their victims. Like Michael Roberts again. Of course at some point during Michael's criminal activities and Ben's brushing it under the rug. Michael needed to put on the wire and turn on one of the two sides he's been playing for quite some time. But what kind of example does this set for the local youth? The next time people want to shake their finger at the youth gone wild or their parents they should take a better look at the people who are supposed to be role models. Lets hope we can have a nice farewell to Ben and hopefully, we can actually clean up the streets of drug scum and other criminals! Will we ever really see justice served across the board to all in our small town? Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 175. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Report Attachments: #12 Consumer Comment Finally A Prosecutor Goes To Jail...Ben Smith Next? AUTHOR:Civil Rights - () SUBMITTED: Tuesday, November 19, 2013 In Texas, a former D.A. has made history by becoming the first prosecutor in U.S. to suffer criminal punishment for failing to turn over exculpatory evidence. Former Williamson County D.A. who was named the 1995 Prosecutor of the Year by the State Bar of Texas -- was sentenced to 10 days in jail for a criminal contempt charge. His crime was evidence tampering, hiding evidence that was favorable to Michael Morton, who was on trial for the 1986 murder of his wife. Morton was innocent, to be sure, and Anderson violated a court order when the judge asked him whether he had any evidence that was favorable to Morton, and Anderson said no. As a result of then-prosecutor Anderson's blatant misconduct, Morton languished in prison for nearly 25 years -- all for a crime he did not commit. DNA testing made him a free man in 2011. And yet, a little over a week in jail seems like an insult of a punishment, given the damage done to an innocent man. Nevertheless, no other prosecutor in this country has seen even a single day in jail for evidence tampering, and yet we know that many others certainly have committed the same offense. While there are many honest prosecutors out there who are doing their job, some D.A.s game the system for the purposes of adding another notch to their belt, to enable them to climb the ladder and fulfill their political ambition. For them, winning in the adversarial system of justice, apparently, is far more important than ensuring justice is served, and that only the truly guilty are punished. John Thompson, spent 18 years in prison -- 14 of them on death row -- for a robbery-murder someone else committed. He was housed in Louisiana's infamous Angola State Penitentiary, the former slave plantation, in solitary confinement. As his seventh execution date approached, an investigator uncovered evidence of his innocence which the Orleans Parish District Attorney's office had hidden for 15 years -- a crime lab report. A jury awarded Thompson $11 million for each year he had spent on death row. Meanwhile, the U.S. Supreme Court overturned the award. Writing the coldblooded opinion of the court, Justice Clarence Thomas concluded that the D.A.'s office was not liable for the Brady violation committed by one of its prosecutors, a lone actor, based on Thompson's failure-to-train theory. There are many other victims of prosecutorial misconduct, and they are not rare exceptions. For example, Joe D'Ambrosio spent 20 years on death row in Ohio, although there was no evidence he was at the crime scene. A federal judge threw out his conviction after finding that prosecutors failed to turn over exculpatory evidence. Tracey Richter isgoing to be a rich women!! Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 176. Report Attachments: #13 UPDATE EX-employee responds Wrongful Revenge : Ben Smith Send Lovers Wife to Prison AUTHOR:Co-Worker of Benjamin Smith - () SUBMITTED: Wednesday, November 06, 2013 I never thought I would be writing this, especially here on this website Rip-off Report. I guess I am just like others I read about here. I work with local government here in Iowa. When this website first came out many laughed and said, none of this could be true. Like others I see they were at first influenced as I was by my piers and superiors. Today, many others I know believe as I do, there is only some things that are on this site that are a joke and I guess the joke is on us, and well deserved. I have to admit; this site has given much needed pressure to stop those who will take advantage of the less fortunate and many employees in the SAC and Buena Vista Counties, mistreatment of employees is not as blatant, police are not as rambunctious, they even joke about this website. I've heard it with my own ears. Recently I was privy to conversations by Mr Smith who I respect, or thought I respected. He did not know others were listening at the time and what we heard was outrageous. Mr Smit admitted that he had withheld important information on several criminal cases to get a conviction where they all (he bragged) are still serving time. Mr Smith stated, he never liked anyone of them anyway that they were all scumbags that needed to be put away anyway. Ben Smith should be punished for his crimes. If I had heard this second had I would have never believed it. Also a known fact, he is having a bisexual relationship with Michael Roberts Nothing-new there. JL Early, Iowa U.S.A #14 UPDATE EX-employee responds Federal Drug Task Force in 2002 Blew the Whistle on Mike Roberts 1/2 lb Meth Habit AUTHOR:Eyes for Lies - () SUBMITTED: Monday, October 28, 2013 Ben Smith, hooked up with another shady character, Michael Roberts. Birds of a feather… What follows is nothing less than a battle between right and wrong the Federal Drug Task Force provided eye witness testimony of Mike Roberts having 1/2 lb of Meth delievered to his house in Early, Iowa. Ben Smith crossed the line. In all fairness he had been given plenty of chances to withdraw remarks and cease what he was doing, which in essence was hiding his financial relationship with Roberts and ignoring interviews claiming the home invasion was caused by Mike not paying his drug dealers. He (Roberts) promised to be home and instead left his wife and three young children to pay his debt. At this point I think any normal person would have just disappeared and called it a day without getting into any more hot water. But Ben Smith just couldn't quit helping his close personal friend. #15 REBUTTAL Owner of company Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 177. TURNCOAT : Mike Roberts gives up supporters to save himself AUTHOR:Authorized Squealer - () SUBMITTED: Thursday, October 24, 2013 2013-10-24 Somehow the Feds got Michael 'Canary' Roberts to cooperate and that is a good thing. Perhaps it a teachable moment that someone else should take note of and QUICK! #16 UPDATE Employee BEN SMITH'S GOOSE IS COOKED AUTHOR:Who-dun-it - () SUBMITTED: Saturday, October 12, 2013 If Smith had one firing synapse, he would purge himself of this sordid case and admit he was duped by Michael and Heidi Roberts. Why prolong this pain...perhaps the financial loan he tried to help Michael Roberts Rexxfield obtain (SEE HERE) has something to do with it? #17 UPDATE Employee Ben Smith comes from a long line of corruptors. AUTHOR:Who-dun-it - () SUBMITTED: Thursday, October 10, 2013 This sort of prosecutorial misconduct occurs very frequently, aided and abetted by incompetent criminal defense work. I currently have a case of a juvenile convicted of felony murder (life without parole) where the district attorney, now a judge, deliberately refused to investigate, resulting in a innocent boy spending more than a decade in prison. A couple years ago, another juvenile direct filed murder defendant, had his conviction thrown out after more than 10 years behind bars. The two prosecutors had both become judges. The hearings showed they and the police hid a remarkable amount of exculpatory evidence from the defense. The hearings never went that far, but if they had raised ineffective assistance of counsel, they would have won that, too. We have one of the worst criminal justice systems in the world, with rampant prosecutorial misconduct, ineffective defense lawyers, a politician judges. America has more people in prison than any country in the world, and has more people embroiled in prison or probation or parole than Joseph Stalin had in his gulags during WWII. Yes, Americans love to demonize Stalin, but he looks like a big softie compared to the vicious people who rune America’s justice system. Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 178. #18 Consumer Comment Darren, AUTHOR:Karl - () SUBMITTED: Friday, October 04, 2013 I believe that the legal system and the mainstream media in this country are nothing but a BIG joke! They both protect the greedy and corrupt individuals, along with the greedy and corrupt corporations, who have destroyed the lives of millions upon millions of innocent people that live in this country and in other countries all over the world. Our nation is collapsing. It cannot be denied. Even our so-called 'leaders' in Washington DC protect the cartel of corrupt individuals who ultimately control our corrupt and diseased system. Feel free to 'Google' the following videos and documentaries and watch them on the web for proof- 1) EX-SALTLAKE MAYOR ROCKY ANDERSON FORMER DEMOCRACY NOW 2) AMERICA: FREEDOM TO FASCISM 3) WHO OWNS THE FED BANK WHO CONTROLS WHO VIDEO 4) FRONTLINE: INSIDE THE MELTDOWN 5) FRONTLINE: THE WARNING 6) YOUTUBE FALL OF THE REPUBLIC 7) WHO CONTROLS THE UNITED STATES ECONOMY BY MAJORITY 2010 8) LEGALIZED PLUNDER OF THE AMERICAN PEOPLE G EDWARD GRIFFIN 9) RON PAUL'S BROTHER ON FEDERAL RESERVE SYSTEM Good luck to you, and make sure to spread your Ripoff Report all over the web at sites like Twitter and Facebook! WELCOME TO THE LEGAL SYSTEM & THE MAINSTREAM MEDIA IN AMERICA- WE ARE ULTIMATELY BEING CONTROLLED BY A CARTEL OF CORRUPTAND GREEDY INDIVIDUALS WHO HAVE DESTROYED THE LIVES OF MILLIONS UPON MILLIONS OF INNOCENTPEOPLE THATLIVE HERE AND ALL OVER THE WORLD #19 REBUTTAL Owner of company Anatomy of a Murder: A Real-Life Whodunit Corrupt Prosector and His Partner Michael Roberts Rexxfield Authorized Witness Intimidation AUTHOR:Darren M. Meade - () SUBMITTED: Thursday, October 03, 2013 ThisVideo ismy newsanalysisand opinion. Documentsin the video are available for law enforcement and newsmedia. The murder of Dustin Whede issad, but the conviction of Tracy Richter Robertsisa travesty of Justice – and isgoing to be very costly to Sac County if they don’t act soon. Dear Pubic officials of Sac County .. your county imprisoned wrongfully Tracy Richter – Please view this video. You will kick yourself later for not watching this. You will understand why Michael Roberts Rexxfield and SAC County Prosecutor Ben Smith will likely be desperate to get this video removed from the Internet, just like they have with other incriminating documents, videos and articles they successfully had removed from other forums and search engines, even documents from county offices / agencies are now gone. Documents in the video were all part of discovery but never used and not lost by the defendant. (The attorney for Tracy Richter Roberts had most but never used any of the featured evidence at trial.) Threats from Roberts to remove evidence and letters from a County Prosecutor have Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 179. worked on other forums and or search engines, they will not work with Ripoff Report. This browser does not support the video format needed for playback. Please install the Flash Player or use a different browser. Click to Close Every government office, like every bank and every police department, trusts its employees to uphold central principles, Sac County Prosecuting Attorney Ben Smith, repeatedly violated the cardinal tenet, which is simply truth. His tools of deceit even included witness intimidation, lost evidence and a long relationship with Michael Ross Roberts Rexxfield. The systematic prosecutorial misconduct cannot be explained within a single video. It took 32 video's, this is only Part 2. ThisVideo ismy newsanalysisand opinion. I published thisbecause I believe in doing what isright. Othersfeatured in the video will claim otherwise. My name isDarren M. Meade and I am an advocate for victimsof injustice. I will not relent until the truth hasbeen documented. Read more about this. Documentsin the video are available for law enforcement and newsmedia. Report Attachments: #20 Consumer Comment A MUST READ!! HOW CAN THEY GET AWAY WITH IT?? AUTHOR:the prophet 1123- () SUBMITTED: Thursday, August 01, 2013 http://www.ripoffreport.com/r/laser-plus-spa/carle-place-new- york-11514/laser-plus-spa-kenneth-kaufman-ownerconsultant- laser-plus-spa-is-a-filthy-place-and-bur-954682 #21 Consumer Comment Jamison White and Orbit Radio AUTHOR:Psiborg - () SUBMITTED: Sunday, May 12, 2013 Wow...so sorry to hear you got taken by such a Pro scammer...a little research beforehand may have tipped you off. He stole the Business name of a now defunct Jamison White Productions in Washington State, they were directly associated with...you guessed it Orbit 7 Radio...you need to speak to the FBI about this clown as well as get a lawyer and file suit against him and his ( I am guessing ) non- existent "Insurance man" Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 180. #22 General Comment Not her Attorney AUTHOR:Psiborg - () SUBMITTED: Sunday, May 12, 2013 So I take it you re a Child Beater as well ?...based on your anger about the comment you are either "Crazy Mike" himself or you condone / are a Child Beater. #23 General Comment Everyone in town called him Crazy Mike Roberts! AUTHOR:Bethany- (United States of America) SUBMITTED: Wednesday, March 06, 2013 Roberts, beat his 4 year old son Noah till he quivered like a beaten dog every time his Dad came near him. And he had it the best of all the Roberts children. Those kids lost all their friends because parents would not allow their kids around Crazy Mike because they would come home with welts on their bodies. Mary Higgins even testified under oath (pages 14, 20-21) into failing Mason, Noah and Burt because she stopped reporting the abuse see: http://cyberbountyhuntersblog.com/wp-content/uploads/Higgins-In-Defense-of- Tracey-Richter-2005.pdf #24 Consumer Comment How in anyway is this a rip off AUTHOR:Mark - (U.S.A.) SUBMITTED: Tuesday, March 05, 2013 First of all, this was not YOUR lawyer. You did not hire him, therefore it is not a rip off to YOU! Secondly, this isn't even about you. #25 General Comment Class action lawsuit against Sac County Iowa, Ben Smith AUTHOR:Light Be - (USA) SUBMITTED: Friday, February 08, 2013 Check out this announcement by Sac County citizens, and more victims of Ben Smith. http://www.ripoffreport.com/dean-stock-rick-hech/city-officials/sac-city-iowa- fef15.htm #26 REBUTTAL Owner of company Sac County Ben Smith and Michael Roberts continues intimidation, threats and scare tactics to keep evidence and documents from the public AUTHOR:Darren M. Meade - (USA) SUBMITTED: Friday, February 01, 2013 Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 181. From Investigative Reporter Darren M Meade: Thank you to the post by "ToXiCoFfEnDeR" for further proving the contents of my story. You'll note that in the story, I specifically report that Tracey Richter was falsely convicted that overwhelming evidence leads to estranged husband Michael Roberts, Rexxfield with his failed polygraph, witness intimidation, evidence tampering, Prosecutors improper relationship with start witnesses & Michael Roberts. In some cases, extortion; threats and intimidation were used against the prosecutorial misconduct victims. True to form, as soon as my story is posted documenting the threats and intimidation by Ben Smith to suppress evidence and documents showing Michael Roberts attempted extortion against Ripoff Report and its founder Ed Magedson, someone named "ToXiCoFfEnDeR" appears on Ripoff Report to try and prevent people from learning seeing the document by making scandalous allegations of a virus in the PDF files -- all false -- and of course, all anonymous. Anyone who knows me knows that this silliness posted by "ToXiCoFfEnDeR" is vile, lying anger posted by a very disturbed person. More importantly, though, it proves that my story is true. On 1-14-2013 I reported and provided third party documents proving the attempted extortion of Ripoff Report and its founder Ed Magedson by Michael Roberts of Rexxfield / Mile2 On 1-16-2013 I reported and uploaded the PDF file of a - sworn affidavit which states Ben Smith became belligerent and tried to intimidate and threaten Former Prosecutor to Suppress Exculpatory evidence in Tracey Richter Trial. All I can guess is that by using the scare tactic of the an virus in the PDF files along with them turning me into the FBI, they are hoping to use the legal system to intimidate me, cause me harm and to keep you dear reader from seeing these documents and setting an innocent woman free while exposing the corruption of Sac County,Iowa. Could it be a stretch that "ToXiCoFfEnDeR" is Michael Roberts? That he panicked in my last report in which I placed the PDF files documenting his attempted extortion against Ripoff Report and its founder Ed Magedson? Once again, here are the documents proving Michael Roberts extortion of Ripoff Report. Also for the record, I wasn't paid to write this story. I wrote it for one reason, and that is to protect the public. Judging by the contents of the posts by "ToXiCoFfEnDeR," my instincts -- as well as my reporting -- are obviously correct. Sadly, lost on "ToXiCoFfEnDeR" is the fact that innocent, hard-working people have been victimized time and again by the corruption in Sac County, Iowa. Extreme cruelty has been inflicted on good, honest people, and none of the corrupt elected and public servants have an ounce of remorse about it. Just take a look at the other victims in Sac County http://www.ripoffreport.com/dean-stock-rick-hech/city-officials/sac-city-iowa- fef15.htm Very troubling and further proof that law enforcement in this case is failing the residents of Sac County. I'm sure I'll be further libeled and defamed because I'm willing to stand up to this wickedness, but in the end, doing what's right always triumphs. And unlike many of the victims, I can't be intimidated by online defamation, lawyers, or anyone else. Sincerely (and not anonymously), Darren M Meade PS Here again are the PDF files which frightened are anonymous ToXiCoFfEnDeR 1) Michael Roberts attempted extortion of Ripoff Report and its founder Ed Magedson 2) Diagram Michael Roberts enclosed with his extortion of Ripoff Report Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 182. 3) Rexxfield and Michael Roberts planning session on extorting Ripoff Report and search engine Google. 4) Sworn affidavit states Ben Smith became belligerent and tried to intimidate and threaten Former Prosecutor to Suppress Exculpatory evidence in Tracey Richter Trial 5) Mona and Brett Wehde seeking to place Dustin Wehde into due to his violent outburts against Mona. http://www.ripoffreport.com/common/files/Michael_Roberts_Polygraph_Results.pdf #27 Consumer Comment poor little troll AUTHOR:ToXiCoFfEnDeR- (USA) SUBMITTED: Friday, January 18, 2013 I called that news station and mentioned you and this site, they cracked up laughing. Oh by the way, the PDF you uploaded has a trojan, we made sure to report it of course, but wow, using the site to spread viruses, I think we'll need the feds to look at that. I'll send them a copy of the infected file and the contact info for you. #28 UPDATE Employee Sac County Sheriff Ken McClure & DA Ben Smith ass clown hall of fame AUTHOR:Black Hawk Lake - (United States of America) SUBMITTED: Thursday, January 17, 2013 Sheriff, and DA, warned about murder suspects behavior in jail, and ignore it. They do not even warn the criminals mother who they new he would be staying with upon his release about his new violent fantasies. Within 2 days of being released he murders his mom in Early and kidnaps a girl from storm lake to rape. He must of learned time management skills in prison, because he sure made the most of his 48 hours of freedom. Sac County officials aka dumasses, have been blinded by the Hollywood lights, TV interviews, and forgotten about us. The local toilet rag papers, play along as everyone is star struck with being on TV. To busy to warn a mother in Early or simply watch this person upon release. It seems like I am simply like most others on this site, trying to find a voice to be heard. And to think, this Tracey Richter case will soon be overturned and what happens when she gets a new trial? How much will that cost us? The whole case was on a 'secret' pink notebook? LOL anyone else notice the car inventory of that kids car it lists the pink notebook, people knew about the notebook in 2001. Here''s a link to another new agency see how the locals are sickened by all of this? http://www.kwwl.com/story/20546507/2013/01/09/sheriff-was-warned-about-murder- suspects-behavior-in-jail #29 Consumer Comment Sac County Board of Supervisors (Dean Stock, Rick Hecht, Ranell Drake, Jack Bensley) corrupt public servants and Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 183. elected officials? These Types of Issues Never Took Place When Earl Was In Office AUTHOR:WE_MISS_EARL - (United States of America) SUBMITTED: Tuesday, January 15, 2013 Ben Smith and Sheriff McClure not only are going to cause the tax payers to pay for a new trial in the Tracey Richter case, and court settlements for victims Trevino and the undisclosed kidnap victim mentioned here: http://www.ripoffreport.com/dean-stock-rick-hech/city-officials/sac-city-iowa- fef15.htm Ben Smith is now a murderer. He, is responsible for Marilyn's death. Iowa Department of Corrections were powerless to keep a violent predator behind bars or put him under supervision. Iowa Department of Corrections warned the Sheriff but Sac County Attorney Ben Smith denied the Sheriff to warn Marilyn of the Mt. Pleasant prison concerns. THATS HIS JOB AS SAC COUNTY ATTORNEY! He blew his responsibility, something Earl Hardisty never did. We are in trouble, the lawsuits are going to be crippling, lets cut or losses with Ben Smith. #30 UPDATE EX-employee responds Explanation of an Appeal vs write of Habeas Corpus: New Evidence Cannot Be Admitted During the Appeal AUTHOR:Darren M. Meade - (USA) SUBMITTED: Monday, January 14, 2013 Dear Toxic Offender: May I explain what the differences between an Appeal vs writ of Habeas Corpus? What isan Appeal? An appeal is basically a review of the trial to determine whether it was fair. Generally, the court reviews the actions of the trial judge. That means they review any rulings made either before or during trial to determine they were correct. Except in rare cases, the court does not review the jury verdict to determine whether it thinks it is correct. Will the Court of AppealsAddressGuilt? The court can address guilt in very limited manner. They will review a verdict to determine whether there is any evidence to support, which there almost always is. In some cases, the court can review the verdict to determine whether it is "manifestly unjust." It is important to realize that the court assumes the jury resolved any conflicts in the evidence in favor of the state. This means that they will not determine for themselves whether certain witnesses were truthful. If your claim is based on proving the witnesses lied, you are not going to be successful. Are there any limitationson what can be raised? Since the court reviews what the trial court did, they generally are limited to reviewing trial court rulings. This means that if there was some error which was not objected to, there is nothing to review. The court also is limited to the written record of the trial. Newevidence cannot be admitted during the appeal. What isa writ of HabeasCorpus? Habeas corpus is a legal proceeding through which you can challenge a final conviction. When can a writ be filed? Because habeas corpus involves an attack on a final conviction, it cannot be filed until all the appeals have been decided. As long as an appeal is pending, the conviction is not final. The appeal process has to be completed before the new evidence can be introduced. What relief can be obtained? Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 184. The relief a defendant can obtain through a writ of habeas corpus is to have the conviction set aside. That means the case will sent back to the trial court. The trial court then must decide the case by either a trial, or some other disposition. Despite what many people think, the Court has no authority to do anything other than reverse the conviction. This is why it is only a matter of time before Tracey Richter will be granted a new 'fair' trial. This bizarre case with former prosecutors being threatened and intimidated to suppress exculpatory evidence, improper relationship with star witnesses, allowing witnesses to knowingly lie, absurd assumptions, witness intimidation, incompetent forensic work and disregarded evidence that not only attest to Tracey Richters innocence but points toward another suspect who has a history of violence, bipolar II diagnosis and a personal relationship with the Sac County Attorney, Ben Smith. Sac County Attorney Ben Smith has relations with Michael Roberts, Rexxfield whom is the estranged ex-husband of Tracey Richter. In October of 2011 a joint email baring both Roberts and Smiths email addresses is sent to Googles Legal Department. The letter is a Cease and Desist claiming jury and witness tampering will take place unless Google de-indexes web pages implicating Michael Roberts admitting to the attempted murder of his wife (Tracey Richter). The majority of that content, and any positive content was removed or pushed back into Google oblivion. Many journalists then accepted this censored characterization of events and some embellished it. Emotions were perilously high when the Tracey Richter was found guilty as she was convicted in the press. The evidence against Tracey Richter began to wither immediately. Ripoff Report became a crowd source investigation platform and people began to contact me through Cyber Bounty Hunters and provide new evidence and copies of emails such as the October 2011 email to Googles legal department. Michael Roberts, Paul Portelli and the other partners in Rexxfield conspired on a plan to create a systematic smear campaign against Ripoff Report and Google, and then extort them to cease the campaign. Exhibits 1-28-2011 Michael Roberts Rexxfield Planning Session against Ripoff Report and Google 1-28-2011 Unedited Audio of Rexxfield discussing Google-Cide 3-11-2011 Michael Roberts Attempted Extortion Letters to Ripoff Report 3-11-2011 Michael Roberts Flow Chart Utilized In Alleged Extortion #31 General Comment New Evidence? Isn't Ben Smith threatening the former Prosecutor to Suppress Evidence For Tracey Richter To Have a Fair Trial Enough? AUTHOR:Cross Roads Cafe - (United States of America) SUBMITTED: Sunday, January 13, 2013 The Prosecution in the Tracey Richter trial sounds more like the remake of 'One flew over the cuckoo's nest'. Folks a sworn affidavit documenting that Sac County Attorney Ben Smith became "belligerent" and tried to "intimidate" and "threaten" the Former Prosecutor to Suppress Exculpatory evidence in the Tracey Richter Trial, should warrant a new trial. Especially since after the threats, Ben Smith claims all that evidence disappeared as in 'Presto Changeo'. Are we ready to now be unable to protect ourselves and children the next time two men break into your home during a violent home invasion? And I did a little research on the Michael Robertsand hismentoring of young mentally challenged young boys: As part of this report, the documents have been presented which proves Michael Roberts for Domestic Assault against Tracey Richter and was FOUNDED to have beaten his children. His good friend Ben Smith was able to make the case disappear from the DHS files in Iowa, but that is another story. The arrest reports, Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 185. plea agreements and FOUNDED child abuse report, along with the DateLine NBC colonoscopy on Roberts is presented in the main story. I did not yet see an analysis of the comparison between Dustin Wehde and the other young men whom were victimized by Michael Roberts. Victim #1 story Victim #2 story As noted in the other response, Michael Roberts was mentoring the mother of Dustin Wehde who was diagnosed with 'Obsessive Difficult Syndrome' and placed Dusting into Foster Care after chasing his mother from the house during an argument. The Foster Parents decided Dustin was even more seriously ill after Dustin tortured a pet in the Foster house and sent him back home in hopes he would get more serious medication. As you can tell by victim stories #1 and #2, they also were forced into a mentorship by their mothers with Michael Roberts. It seems Michael Roberts forces these young men to watch child torture porn, Notice any similarities? Perhaps you should research the lawsuit filed against Roberts and his company MILE2 and READ! You just can't make this kind of stuff up. Evidently, shucking corn, to law enforcement in Iowa, has a different definition to the rest of the country. #32 Consumer Comment ROFLMAO AUTHOR:ToXiCoFfEnDeR- (USA) SUBMITTED: Friday, January 11, 2013 Because he could have appealled on the new evidence first, apparently he didn't think your facts were proveable in court, imagine that. #33 REBUTTAL Owner of company The Evidence of Prosecutorial Misconduct and Witness Tampering Cannot Be Introduced Until After The "Direct Appeal" (which mean only evidence from the trial) is exhausted. AUTHOR:Darren M. Meade - (USA) SUBMITTED: Wednesday, January 09, 2013 Richter's fiance, Russell Schertz, stated that the family is "disappointed" in the court's decision. He says the family has "faith in God and the justice system that eventually this wrong will be set right."But, Schertz admits the decision will cost Richter, and her family, "years that they cannot get back."Richter's appeal was what's called a "direct appeal", which means it could only include evidence in the court record from the trial. But, Schertz says he's uncovering new information about "prosecutorial misconduct and witness tampering" that he thinks should allow for a new trial in the future.For now, Schertz says the family will file an appeal with the Iowa Supreme Court in the next 20 days. #34 Consumer Comment Can you explain why none of these issues were raised before the Court of Appeals? AUTHOR:ToXiCoFfEnDeR- (United States of America) SUBMITTED: Wednesday, January 09, 2013 Can you explain why none of these issues were raised before the Court of Appeals? That same Court just upheld the conviction, none of these issues were raised, how is it you have all this onformation but yet her defense doesn;t consider it worthy of addressing in appeals court? Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 186. #35 Consumer Comment FINAL VERDICT AUTHOR:Social Forensics - (United States of America) SUBMITTED: Thursday, December 27, 2012 OK. I have read this entire thread, and its obvious that Michael Roberts, Ben Smith, Mona Wehde and Ray and Marie Friedman are a bunch of damn criminals. Especially this Michael Roberts guy! This cat is all over the internet for screwing people over. I find him guilty, and no one should do ANY type of business with him, or his stooge followers (Mile2, Rexxfield, Paul Portelli, Dr. Connelly) As far as the talk of Ben Smith threatening people...isn't the sworn affidavit of the former prosecutor that the fix was in against Richter from the start (see details here) C'mon folks... failed polygraphs confession by Michael Roberts explaining how he and other key prosecution witness Ray Friedman planned to steal the company Tracey Richter owned from her (see details here) , then he (Roberts) gave the pimp hand smack to not only his wife (see details here) but includes his young children Noah and Mason (see details here) and who can forget this video from DateLine NBC (see video here). He must of bitch slapped that retarded kid Dustin, perhaps that is why he had anger issues (see details here)? The young tards Mom, Mona Wehde, besides cheating on her husband with Jeremy Collins (intruder #2) had a secret deal criminal deal to see all of the substantial Real Estate holding without Tracey knowledge or consent on October 8, 2001 only 5 weeks before the attempted murder of Tracey (see details here). Dont let these country goobers full ya. As far as the original poster... you are probly telling the truth, but damn dude, you owe me a couple dollars for the time it took to read the books you keep posting on here. Verdict: 1. Smith, and Roberts are guilty criminals, but please keep posting your little elementary school name calling back and forth fight on here! I get a laugh out of them. THANKS! Report Attachments: #36 General Comment Ok... AUTHOR:DrQuality- (USA) SUBMITTED: Thursday, December 27, 2012 Ok...this all seems like b.s. Why would she want to contact some guy in prison, period?? No matter what you throw out there, it just all sounds far-fetched and fabricated. Look, I get it...you're either a loved one of Tracey, or a paid advocate. If I were in your shoes, I would do the same thing. However, I was interested in this case as an unbiased observer, and all I can say is I came to a conclusion based on factual evidence, multiple articles- some biased, some not. Anyone who reads through all this will most likely come to the same conclusion...SHE IS GUILTY. She murdered someone. Period. The city, state, or who the h**l ever has nothing to gain by lying and throwing a mother in prison. (I know you'll say something like "but, but... they want to win cases", or "but, but...this person is friends with this person", etc...) But seriously, come on. Believe it or not, most things are pretty cut and dry, not everything is some big conspiracy. Look at this woman...multiple husbands, contacting inmates, big fake boobs, feuding with her exes, leaving the state after the crime, not to mention her actions, her stories, and everything else she has done. Sure, you can throw things out there like "Oh, he said he was gonna kill her this one time..." but, this is probably being over-exaggerated. I'm sure most people have said things to their spouse that weren't so nice during an argument. Get over it...GUILTY. Case closed. Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 187. #37 REBUTTAL Owner of company Richter beautiful? AUTHOR:Lucy- (United States of America) SUBMITTED: Thursday, December 27, 2012 It seems women all over the country have this misinformed idea of what beauty is. Have most of these women looked in the mirror lately? You're fat,out of shape and couldn't land a real man if your Bon Bon laden ass depended on it. For those of us who are beautiful,we're given a bad name because of the ones who try to use thier beauty as a tool for our dubious personal agendas. If the boss fired his employee because she was "irresistable" it's more than likely that she tried to throw herself on him with designs on his marriage and his business. It's not a new idea that women use what they sit on to ruin many a man. You're just pissed that one of them was caught in the act and stopped before she could ruin another life. Jealous,no. It's awesome to me that this murdering hag was put away for her evil plot. If this country would pay more attention to who the real victims are hear there wouldn't be so many men being thrown in jail on the woman's whim. There's a reason why muslim men keep thier wives covered and silent. It's because they know the potential for her inherent evil through her sex and voice. So be quiet and cover your ugly face woman. Report Attachments: #38 General Comment Sex Offender AUTHOR:guardian - (United States of America) SUBMITTED: Thursday, December 27, 2012 According to Sheriff McClure the only information Tracey had on the man in the Wisconsin jail was that he was in jail due to a drug arrest. According to Sheriff McClure there was no way for Tracey to know that he was a sex offender. It took the DCI to investigate him and they found this information out. The information given on Michael was where he lived in 2001, the type of car he drive in 2001, what he looked like in 2001, if his friend knew Michael in 2001. The papers fail to mention that the man in jail has a friend who was very interested in the case. Why? Did he know something? Why wouldn't she want to find out. Remember she also gave info on Dustin Wehde and Jeremy Collins. Again the facts were twisted by Ben Smith. Michael needs to put on his big boy pants and quit accusing people of trying to harm him. If anyone has to fear for their safety it's Tracey's family. You don't see them hiding in a protection program. He tells people he has to be on the run because his ex-mother-in-law is trying to harm him. Why because she yelled at him 8 YEARS AGO? Remember he screamed at Tracey saying he was going to kill her.(he admitted this in court but said it was an old Australian saying). Maybe people need to find out the real reason why he keeps moving around. I doubt it has anything to do with the Richters. #39 General Comment LOOK AUTHOR:DrQuality- (USA) SUBMITTED: Wednesday, December 26, 2012 ...at what this "innocent" woman did... "Roberts then moved with the children to a California city he will not disclose, saying he fears for their safety. Days after her conviction, Richter was caught sending letters containing Roberts Social Security number and other information that could be used to find him to an incarcerated Wisconsin sex offender." NICE! Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 188. #40 Consumer Comment Iowa;s All Male Supreme Court Rules Employors Can Fire "irresistibly Attractive" Female Employee's AUTHOR:RockyBalboa- (United States of America) SUBMITTED: Sunday, December 23, 2012 Hey Lucy, You sound a little bit jealous that Tracey Richter is beautiful? Don't worry, Iowa besides leading the country in Prosecutorial Misconduct, Horndog bosses in Iowa have a new way to abuse women and claim they are saving marriages they can fire employees who are too hot for the workplace. The states all-male Supreme Court ruled 7-0 Friday that an Iowa City dentist legally fired his female assistant because she was irresistibly attractive and a threat to his marriage. Is it any wonder another 'attractive' women is then placed in jail for life by the same Court system? Report Attachments: #41 Consumer Comment Rexxfield.com Michael Roberts Mental Health Diagnosis / Family History Of Mental Illness / Bipolar and ADHD Lead To Sociopath? AUTHOR:Darren M. Meade - (USA) SUBMITTED: Sunday, December 23, 2012 Dear Victim of Michael Roberts; Xellex and Mile2 I believe you. Your personal story was both moving and poignant. Your honesty about your own abuse at the hands of Michael Roberts, Xellex and Mile2 and that you survived shows your own strength. 308, 935, 581 is the Population of the United States 113, 758,036 number of adult males over 18 18,959,673 ADULTMALES WHO HAD UNWANTED OR ABUSIVE SEXUAL EXPERIENCES AS A CHILD THATS ONE IN SIX. Michael Ross Roberts whom is married to Heidi Forsbacka Roberts and had a formal intake at the SIOUXLAND Mental Health Center by Ronald W. Brinck, M.D. Psychiatrist on March 12, 2004 during his time alone with Michael Roberts, the report stated: "I'm a suspect for an attempted murder." The patient had rapid speech. He was restless and fidgety and had a manic quality as he described how his wife was attacked and she killed one of her attackers last year and the patient believes he is a suspect with allegations that he hired someone to try and kill his wife...he (michael roberts) admits that he recently took a box cutter to his throat. He says this was only to get (Tracey Richter's) attention. The patient describes that he has been diagnosed with ADHD. FAMILY HISTORY: There is ADHD in his son. His father has Bipolar Disorder. There is depression in his mother...He is Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 189. hyperactive, hyper talkative, paranoid, but not delusional, but at the same time dysphoric. I reviewed the criteria for mania and Bipolar Disorder and Bipolar II Disorder with the patients and his wife and gave them criteria for the illnesses. Mr. Roberts read the criteria for Bipolar Disorder II and is quite emphathic when he describes that he felt that was him. He would seem to have a chronic history of hypomania. DIAGNOSTIC IMPRESSION: Bipolar II Disorder current episodes mixed with depression and hypomania ADHD by History." Is the Internet Bounty Hunter Michael Roberts the text book example of a sociopath according to latest research and his own mental health diagnosis which is published online, you decide : http://www.lovefraud.com/blog/2008/06/20/the-relationship-between- sociopathypsychopathy-and-bipolar-disorder/ There are at minimum three other children who were victims of Michael Roberts and several adults. I am attaching a link which will take about 2 minutes to download but it is a young man recounting his physical and mental abuse at the hands Michael Roberts. (click here to watch video ) Michael Roberts physically abused his own children. The FOUNDED child abuse report stated: Michael Roberts is the biological father of both children and was a caretaker for the children at the time of the abuseBoth these children sustained physical injuryThe injuries to the children were not accidental as they were inflicted on the children by their father, Michael RobertsThe injuries to the children resulted from the acts of Michael Roberts. He struck the children with objects causing injury. Any reasonable and prudent person would know that hitting a child with an object will likely cause an injury to the child. In my opinion, your abuse was more horrific, I only hope in sharing my findings and patterns of Michael Roberts it gives some solace to know you were not alone. May I offer some advice? Your report states you are from Iowa, therefore I believe Michael Roberts is setting a trap by telling you to report what happened in your jurisdiction. Allow me to explain, Michael Roberts is friends and has business dealings with Sac County Attorney Ben Smith. Ben Smith is Michael Robertss personal bull dog attorney. I was personally threatened with arrest if I set foot in Iowa, fortunately I live in California. The point being, Michael Roberts was going to have Sac County Attorney Ben Smith arrest me. One of Michael Roberts other victims Bert Pitman, he has been threatened with perjury charges because he previously stepped forward to share his truth. Michael Roberts friend and business associate Ben Smith threatened and intimidated the former Prosecutor to suppress evidence to prevent Tracey Richter from having a fair trial. (see sworn affidavit here page 36 item #15) I have started to assemble a victims group which is based in California. I would be willing to fly you out all expenses paid in order for you to meet with our counsel and decided a safe way for you to proffer your story in the event that would be best for you. I do not know how to share contact detail via the site, I do have a website which has a contact form, that website is http://google-cide.com/googlecide/killing- children-for-profit/ Even if you decide against filing charges, I am here to talk, listen or be supportive. It is humbling to witness your courage and you are lighting the way for other men to begin their healing journey. #42 General Comment Indicators of an wife abuser? AUTHOR:Lucy- (United States of America) SUBMITTED: Sunday, December 23, 2012 Are you retarded? This list could put anyone on the planet in the catagory of a "violent abuser". Get a life and look at the nature of all people. Everyone is capa le of murder. Why can't you just accept that Tracey Richter is a murderer? Quit playing the loopholes because none are there. A beautiful woman goes to prison for murder and you can't handle it. Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 190. #43 Consumer Comment BOMBSHELL EVIDENCE : Sworn Affidavit Proves Sac County Attorney Suppressed Exculpatory Evidence in the Tracey Richter Murder Trial AUTHOR:Darren M. Meade - (USA) SUBMITTED: Friday, December 14, 2012 Sac County Attorney Ben Smith - sworn affidavit states Ben Smith became belligerent and tried to intimidate and threaten Former Prosecutor to Suppress Exculpatory evidence in Tracey Richter Trial - falsely imprisoned. Friend and business associate of Michael Roberts (ex-husband of Tracey Richter) became belligerent with the intention of intimidating and threatened former prosecutor to prevent exculpatory information being given to the defense so Tracey Richter could have a fair trial. The bulldog who was doing the threatening and intimidating was Sac County Attorney Ben Smith. See sworn affidavit and additional details here: http://www.ripoffreport.com/sac-county-attorney/government- corruption/sac-city-iowa-00607.htm #44 Consumer Suggestion I was groomed by Michael Roberts as was Dustin Wehde to kill Tracey Richter AUTHOR:Victim of Michael Roberts XellexMile2- (USA) SUBMITTED: Sunday, November 25, 2012 This report is not under any circumstances meant to be used as a reprisal or to be vindictive, but rather to serve a purpose of setting an innocent woman free and to share what happened to me. To me Michael Roberts wasnt a bad man, I believed he began using drugs as a way to escape his family life and wife Tracey. I justified that Traceys actions caused him to take drugs and become angry and abuse mehis abuse of me was his only outlet for dealing with his own family life. What if Michaels drug addiction began as his way to escape all the hell at home, maybe because I did not offer to help with the his home invasion plan before the Christmas holiday, I was the reason for his drug problem? I felt sick and my body shuddered with humiliation. I went between intense guilt because of not helping with killing his wife, and wanting Michael to find the determination to simply leave his marriage and start life anew. Michael told I was responsible for his family devestation and also my own. That my own fathers downfall (my parents were divorced) was because I was not a good son, and did not help my father be 'get put his poison' and to be stress free. That I was cursed and poisoned not only Michael's family devestation condition, but the reason my Mom could not find a new husband was because of me. The wave of shame was so overwhelming that I began to weep uncontrollably. He started his normal routine of pushing me over the desk at his office, pulled down my pants and told me to understand that because I was the bad seed, he needed to deposit his good seed deep within me. That biblically this is what it means to be a true disciple. Afterwards, he made me smell his arm pits and then I had to give him a tongue bath. He made me begin my licking his chest which was very-very hairy and to this day I can remember the putrid nearly chemical smell which seemed woven into his hairy chest. Michael told me because I was not being a true disciple as he was hopeful that he had taken to mentoring another new disciple named Dustin Wehde. Michael again told me that because I was a bad seed who made everyone I come into contact with miserable, that if I truly cared for him, that I woud follow through on his plan to have my invade his home in December. If not, he had a new disciple. He asked if I realized how much pain I caused him and my mother because I did not follow his guidance. Even though I was only 15, this all seems surreal to me, how could my new father figure turn his hatred against me. The worse times were at Vacation Bible School. He would meet me there when everyone else had gone home and he began to bring Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 191. Dustin who was a just a little older than myself with him. When Dustin would arrive I would cringe as he walked into the classroom as if he were entering a mindfield. With every step Michael could, without warning, detonate speading his shrapnel like fury in every direction. Weeks prior to Dustins death, I became so cold inside. I was nearly obsessed with hatred toward Tracey and her children and grew jealous of Dustin who was Michael little brainwashed Nazi willing to follow Michaels plan for that night in December --- but at the same time Id still pray for their safety. I could not imagine the hellish nightmare Dustin must have experienced in trying to follow Michaels plan to kill Tracey and the children. All I could pray know is being thankful that Michael chose Dustin as his hitman, and I was fortunate enough to be rescued. Im sorry about everything. I believed Michael Roberts would kill me if I spoke up. Michael had promised me that we would run off and have a new beginning as father and son the moment I followed his plan. He made the same offer to Dustin and promised they would leave town together that evening. Michael told me that the adults in my life knew what was going on, and that because I was bad seed, the adults allowed all of this to happen. He told me, that the only way I could matter in life and redeem myself could be to do as I was told. Remember, he was a friend of my Moms a counselor at Vacation Bible School. That is why when I read this article and saw he was placed on the child abuse registry, plus watched the video of his son Bert describing his beatings at the hand of Michael that I realized, it wasnt my fault. Vacation Bible School and the Churches that allow him around young men are to blame. Then my own Mother, why did she allow sleep over and late night with this man? How did they miss the warning signs of my troubles with School and not wanting to hug anyone? #45 General Comment Michael Roberts of Mile2, Lies, and Audiotapes Causes (Alleged) Perjury of Sac County Attorney Ben Smith Case No CDCD002755 AUTHOR:Darren M. Meade - (USA) SUBMITTED: Thursday, November 22, 2012 "The truth shall set you free," so the Bible teaches. But does SAC County Prosecutor Ben Smith understand it will cost him the guilty verdict in the Tracey Richter trial? Ben Smith has been making good on the threats of Michael Roberts to have me arrested because I dared to publish my last expose. He has spewed lies, half truths and anything else his puppeteer (Michael Roberts) tell him to say. Ben Smith lied to the court in filing an affidavit to the court in Case No CDCD002755. The affidavit contained so many intentionally false and misleading accusations, that (Smith) has been blocking the transcripts from being disseminated. WHY? Roberts and Smith lied to the Judge over claims of a child molester and once the transcript is released, this will all be proven. In the interim, let's address Attorney Smith's description of Michael Roberts in his affidavit which states "your affiant believed Michael Roberts to be completely and unabashedly honest in the aforementioned dealings / matters." ANOTHER BIG LIE 1. Ben Smith is aware of the witness tampering detailed in the above article and my personal witness intimidation by being threatened with arrest if I set foot in Iowa during the trial. Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 192. 2. Ben Smith is aware of Michael Roberts FOUNDED child abuse report that was published in my expose. Magically the month following my article, Roberts now claims to have the report removed without any of the hearings or procedures to have a FOUNDED child abuse report reversed. Must be good to have the SAC County DA as a friend and former business associate. 3. Ben Smith is aware that the pattern of fraud and secret dealings which led to the death of Dustin Wehde had again began in California with another young man Michael Roberts was mentoring. 4. Tracey Richter provide the seed capital and was the majority owner of a company (Mile2 Xellex) which according to Roberts and Ray Friedman made over several million dollars, of which she did not see a penny. Further, Roberts has a secret deal to sell their home without her knowledge. Michael Roberts along with his employees Adam Zuckerman and Paul Portelli planned to not only defraud me, but discussed having me killed if I threatened their 'inner sanctum'. The hitman was going to be Paul Portelli who was being mentored by Michael Roberts. Portelli and Roberts at the time were had not place to live and were sleeping at the office for which I was the CEO, I took them into my home during the time they were planning on defrauding and killing me. Click here to read the transcript page 36-37 & page 48 Line 9 & 16 Click here to read volume 2 Ben Smith knows of not only the abusive background of Michael Roberts, but his criminal conduct and recurring pattern of manipulating young men he mentors to willing commit crimes on his behalf. Did Ben Smith make Michael Roberts FOUNDED child abuse report leave the system after it was published in my article? Why would anyone lie and protect a known child abuser? We will delve into that in my next update. #46 UPDATE EX-employee responds Iowa Supreme Court found prosecutors had committed misconduct Sac County Attorney Ben Smith Simply Following Iowa's Protocol Againt Females and Minorities AUTHOR:IowaCorruption - (United States of America) SUBMITTED: Thursday, November 01, 2012 The author of the expose bravely raised the following points: 1. Why would the Iowa Division of Criminal Investigation and Sac County Prosecutor go to such length to prosecute an innocent woman? 2. Is the 80% rise in prosecutorial misconduct appeals in the last decade an indication of systematic wrong doing in Iowa? 3. We can say that "ultimate resposnsibility goes to the man at the top" and that sounds right, but it still doesn't explain how any of it happened. "The key people are criminals, liars or willfully blind convicting the innocent." We could say that, but then we would have to explain how so many of them ended up in Iowa. Puzzles like these have led many people to the conclusion that there's a culture inside the prosecutors office that is responsible. Imagine...your best friend works for the Prosecutors office in Iowa. She shares with you that Prosecutors and investigators routinely break the law, tamper with juries, intimidate and mislead witnesses, and generally conduct themselves like thugs because that is the recognized and understood policy. Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 193. ---------------------------------------------------------------------------------------------------- My best friend sent me another example of the corruption and innocent people being sent to jail at an abnormal rate. Iowa Supreme Court had found prosecutors committed misconduct and free two men after serving 25 years for a crime they never committed. Detectives coerced other witnesses into implicating the two innocent men. The prosecutors office was aware of what took place with the states star witnesses, but they went forward prosecution anyway. BEWARE: If you are a minority or female in the State of Iowa, you could wind up like Tracey Richter or Terry Harrington and Curtis McGhee. Iowa Supreme Court had found prosecutors committed misconduct #47 Consumer Comment Response to "Silenced in Storm Lake" AUTHOR:Louis - (United States of America) SUBMITTED: Saturday, October 13, 2012 Silenced in Storm Lake said: "Praise the Lord for this consumer advocacy website." Response: "Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!" Isaiah 5:20 #48 Consumer Comment Silenced in Storm Lake Storm Lake Pilot Tribune Violating Free Speech AUTHOR:Silenced in Storm Lake - (United States of America) SUBMITTED: Saturday, October 06, 2012 It is unacceptable to not cover the specifics of the alleged corruption in the Storm Lake Pilot Tribune. I was born and raised in the Early area. The family and the general public have the right to know what is going on here! We knew all about Michael Roberts 10 years ago. The Storm Lake Pilot Tribune has refused to allow my comments to be posted, or even cover what has been detailed on Ripoff Report. Praise the Lord for this consumer advocacy website. #49 General Comment Like mother like daughter AUTHOR:EOPC- (United States of America) SUBMITTED: Wednesday, October 03, 2012 "We have never met either one of you yet you believed in my daughter's innocence and did something about it" Guardian - if someone does that - it is because they have an AGENDA. And not a good one. Stop and think impartially about what that AGENDA could be. Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 194. #50 UPDATE EX-employee responds Michael Roberts of Rexxfield Exhibits Sings of Battering Personality Dr. Heidi Roberts of Finland at Risk! AUTHOR:Light Be - (USA) SUBMITTED: Tuesday, October 02, 2012 Wake-Up, thisguy Michael Robertsof Rexxfield / Mile2, exhibits12 out of 17 Signsof a Battering personality. If you have 3 or more you From: Walker, L.D., Getting a Firm Foundation Training,SIGNS OF A BATTERING PERSONALITY Many women are interested in knowing if there are any warning signs that someone is an abuser. There is no typical victim or perpetrator. Any woman can be battered regardless of age, race, nationality, sexual orientation, educational background, or income. Battering almost always occurs with a man abusing a woman. However, violence can exist in other domestic relationships as well; lesbian battering and older parents beaten by their adult children are examples.* Below is a list of behaviors seen in people who beat their partners. If the person hasthree or more of these behaviors, theresindeed a strong potential for physical violence. In some cases, a batterer might have only a couple of behaviors that are quite strong (e.g., extreme jealousy). In the beginning of a relationship, the batterer will try to explain these behaviors as love and concern. However, as time goes on, these behaviors become more extreme and serve to establish, keep, and strengthen power and control over the victim. *The use of he for the abuser and she for the victim is used to facilitate reading and to emphasize the circumstances of most battering. This wording is not meant to discount the various situations in which domestic violence occurs. 1. JEALOUSY: At the beginning of a relationship, an abuser will say jealousy is a sign of love; jealousy has nothing to do with love, its a sign of possessiveness and lack of trust. The abuser will question the woman about to whom she talks, accuse her of flirting, or be jealous of the time she spends with family, friends, and/or children. As the jealous behavior progresses, the abuser may call her frequently or unexpectedly drop by her home/workplace. The abuser may refuse to let her work saying hes afraid shell meet someone else, or he may do strange things such as checking her car mileage or askingfriends to watch her. 2. CONTROLLING BEHAVIOR: At first, the batterer may say this behavior is because of concern for the womans safety and well being. The abuser will be angry if the woman is late coming back from somewhere and will closely question her about where she went, to whom she spoke, etc. As this behavior gets worse, the abuser may not let the woman make personal decisions about the house, her clothing, or going to church/temple; he may keep all the money or even make her ask permission to leave the house or the room. 3. QUICK INVOLVEMENT: Most battered women dated or knew the abuser for less than six months (many for less than three months) before they were married, living together, or engaged. An abuser comes on like a whirlwind claiming youre the only person Ive ever been able to talk to, Ive never felt loved like this by anyone. The abuser will pressure the woman to commit to the relationship in such a way that later she may feel very guilty or feel she is letting him down if she wants to slow down involvement or break off the relationship. 4. UNREALISTIC EXPECTATIONS: Abusive people will expect their partner to meet all of their needs; the abuser expects the woman to be the perfect wife, mother, lover, and friend; abusers will say things like if you love me, Im all you needyoure all I need. She is supposed to take care of everything for the abuser emotionally and in the home. No matter how efficient/good she is, however, she is never good enough. 5. ISOLATION: The abusive person tries to cut the woman off from all resources and supports. If she has men friends, shes a whore; if she has women friends, shes a lesbian; if shes close to her family, shes tied to the apron strings. The abuser accuses people who are the womans supports of causing trouble. The abuser may want to live in the country without a phone, may not let the woman use the car or have one that is reliable, or may try to keep the woman from working, going to school, or going to spiritual/religious meetings. Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 195. 6. BLAMES OTHERS FOR PROBLEMS: If the abuser is chronically unemployed, someone is out to get him, someone is always trying to do him wrong. The abuser may make mistakes and then blame the woman for upsetting him or keeping him from concentrating. The abuser will tell the woman she is at fault for almost anything that goes wrong. 7. BLAMES OTHERS FOR FEELINGS: The abuser will tell the woman you make me mad, youre hurting me by not doing what I tell you, I cant help being angry. The abuser really makes the decision about what he thinks and feels, but will use feelings to manipulate the woman. Less obvious are claims such as only you can make me happy, and you control how I feel. 8. HYPERSENSITIVITY: An abuser is easily insulted, claming his feelings are hurt when he is really mad, or taking the slightest setbacks as personal attacks. The abuser will rant and rave about the injustice of things that happenthings that are really just a part of life, like being asked to work overtime, getting a traffic ticket, being told a behavior is annoying, being expected/asked to help with chores. 9. CRUELTY TO ANIMALS AND/OR CHILDREN: An abuser often brutally punishes animals, is insensitive to their pain and suffering, and/or may kill them. The abuser may expect children to do things beyond their ability (spanks a two year old for wetting their diaper). The abuser may not want children to eat at the table or will expect them to stay in their room all evening when hes at home. 10. PLAYFUL USE OF FORCE IN SEX: An abuser may like to throw the woman down or hold her down during sex. He may want to act out fantasies during sex in which the woman is helpless and will let the woman know the idea of rape is exciting. The abuser may show little concern about whether the woman wants to have sex and will use sulking behavior to manipulate her or anger to pressure her into compliance. The abuser may start having sex with the woman while she is sleeping or demand sex when she is ill or tired. 11. VERBAL ABUSE: In addition to saying things meant to be cruel and hurtful, this can be seen when the abuser degrades the woman, curses her, and/or runs down her accomplishments. The abuser will tell the woman she is stupid and unable to function without him. This may involve waking the woman up to verbally abuse her or not letting her sleep. 12. RIGID SEXROLES: The abuser may expect the woman to serve him, perhaps saying the woman must stay at home or saying she must obey in all things---even things criminal in nature. The abuser will see women as inferior, responsible for menial tasks, stupid, and unable to be a whole person without a relationship. 13. DR. JEKYLL AND MR. HYDE: Many women are confused by their abusers sudden mood changes---they may think the abuser has some mental problem because one minute the abuser is really nice and the next minute hes exploding. Explosiveness and moodiness are typical of people who abuse their partners; these behaviors serve to intimidate and frighten the victim and are reflections of the abusers alternate use of threat and manipulation to establish and maintain power and control. 14. PAST BATTERING: An abuser may say hes hit women in the past, but it was the womans fault or it was only one time. The woman may hear from relatives or ex-partners the person is abusive. A batterer will beat any woman he is with if the woman is with him long enough for control to be established and violence to begin; situational circumstances do not make a person abusive. 15. THREATS OF VIOLENCE: This includes any threat of physical force meant to control the woman: Ill slap your mouth off, Ill break your neck, Ill make you sorry you were ever born, Ill kill you. Non-violent people do not talk like this to their partners, but batterers will try to excuse these kinds of threats by saying everybody talks like that. 16. STRIKING OR BREAKING OBJECTS: This behavior can be used as punishment (breaking loved possessions), but mostly it is used to terrorize the woman into submission. The abuser may beat on tables with his fist, throw objects around or near the woman, or put his hand through the wall. Again, this is very remarkable behavior and should never be minimized---there is great danger when someone thinks they have the right to punish or frighten a partner. 17. ANY FORCE DURING AN ARGUMENT: This may involve a batterer holding a woman down, physically restraining her from leaving a room, or pushing/shoving her. The abuser may hold the woman against the wall and say youre going to stand here and listen to me! Many batterers in an attempt to deny or minimize past Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 196. abuse will tell stories in which they had to sit on a woman or hold her down for her own good. These behaviors are found in the second level of the progression of abuse in domestic violence. Exhibits- Michael Ross Roberts Exposed on DateLine NBC FOUNDED CHILD ABUSE REPORTON MICHAEL ROBERTS OTHER CHILDREN NOTMENTIONED IN DATELINE NBC STORY Michael Ross Roberts of Mile2 Violating Protective Order Michael Roberts 99% Deceptive Polygraph #51 General Comment Thank you AUTHOR:guardian - (United States of America) SUBMITTED: Tuesday, October 02, 2012 This is a personal thank you from the Richter family for all the information you have put out there regarding Tracey Richter's conviction You are the only one's who are not afraid to put out the truth. I also want to thank Darren Meade who took the time to investigate and did not back down to threats and intimidation. We have never met either one of you yet you believed in my daughter's innocence and did something about it. Again thank you. #52 Author of original report Ben Smith Prosecutorial Misconduct Allowing Witnesses To Knowingly Lie Tracey Richter Had Several Million Dollars Stolen By Mile2 and Xellex Bounty Shared Amongst Prosecution Witnesses AUTHOR:Darren M. Meade - (United States of America) SUBMITTED: Friday, September 21, 2012 IMPORTANT TRACEY RICHTER UPDATE Though Tracey Richters trial is ancient history, its important for every American interested in justice to know why shes in jail. The Tracey Richter story really centers on the power of the prosecutor and the havoc one corrupt public servant can sow when that power is abused. What Tracey Richter suffered, a life term for a crime she didnt commit, is an example of a flaw in our justice system one that jeopardizes the right of every American to a fair trial. Its not too radical to assert that what happened to Tracey Richter could happen to any one of us. And the unfortunate reality is its happening every day in America, the land of the free, the home of the brave. No one is immune if corruption in the system isnt weeded out. Conflict of Interest To recap the situation as it happened: Ben Smith, the Sac County prosecutor, had a conflict of interest with his star witness, and failed to fully disclose all aspects of that relationship to the Judge. An ethical lapse that is inexcusable. Smith also had a conflict of interest in befriending and supporting Michael Roberts in his quest to gain sole custody of his children. He did it despite knowing Michael Roberts was a child abuser and that his children feared and hid from him when he was angry according to Iowa Childrens Protective Services finding. Perjury on the Stand Further, Ben Smith allowed key prosecution witnesses, Ray Friedman and his wife Marie Friedman, to knowingly lie on the witness stand. To understand the effect Maries testimony had in wrongfully convicting Tracey, we need to look closely at Ben Smiths theory of how and why Tracey set up Dustins murder. The prosecutions theory asserted that Tracey forced Dustin on the afternoon of December 13, to write the contents in the pink notebook incriminating her ex-John Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 197. Pittman in a conspiracy to kill her. He further claimed that during this forced episode, she was interrupted by Marie Friedman who came over for a visit. When Tracey took awhile getting to the door, Smith further theorized she had Dustin secretly leave. After Marie left, Tracey had Dustin return that evening and play-act strangling her in front of her kids, and then she shot him in cold blood. And what was her motivation? Tracey at the time was in a custody battle with John Pittman over her $1000 a month child support. And, Smith asserted, that she intended to use the pink notebook as leverage to induce Pittman to keep paying her. So this whole elaborate scheme of holding Dustin at gunpoint, forcing him write in a notebook at gunpoint, then somehow convincing Dustin to return and beat her in front of the kids, was unsupportable without a cooperative witness. The lying game We dont know what motivated Marie Friedman to change her testimony, but we do know she did. When did Marie tell the truth? I think she told the truth in the first interview with police, prior to her family being paid $25,000 from Michael Roberts. Initially, when Marie was interviewed shortly after the shooting she testified that she went to Traceys house and enjoyed an afternoon chat over tea and cookies. There was talk between them about Marie staying over, but their husbands, Marie said, were expected home that evening, and she wanted to be home when Ray arrived. She left in the late afternoon and there is no indication in the interview that she ever saw Dustins car at Traceys house. She certainly would have mentioned this fact if she had. At the trial she changed her testimony in significant points, points that proved instrumental in convicting Tracey of murder. On the witness stand she told the jury she saw Dustins car in the driveway, and that her husband wasnt expected home that evening, and critically that Tracey had rushed to the door that afternoon after Marie had waited a long while for her. Long enough, Ben Smith asserted, to have Dustin run out the front door with instructions to return that evening for their play acted assault. All of this is circumstantial evidence and if Marie had not changed her testimony, Ben Smiths theory wouldnt stand any chance of convincing a jury. One of the lies Ray Friedman told centered on his testimony regarding his employment. When asked under oath about his employment, he stated he was a self-employed auditor. A simple Google search would have told anyone who took the time to look that Friedman had a Linkdln profile that listed him as the CEO of Mile2. A corporation formed and controlled by Michael Roberts. With this information readily available on the Web, did Ben Smith and his investigators do a simple Google search to verify a key witnesss testimony? If he had, the veracity of Friedmans testimony would have been easy to establish. Yet its unreasonable to think that in a capital murder trial, a thoroughly prepared prosecutor like Ben Smith would let a detail like this slip. Identity Crisis And what about Mile2? Where did it come from? Its a fact that previous to December 13 shooting, Tracey owned 51% of Xellex, having put up the startup funds. Ray Friedman was an employee of Xellex during this time, and was purportedly responsible for marketing the companys services. Sometime before the shooting occurred, Roberts formed a new corporation, Mile2, which provided the same services as Xellex. Michael Roberts failed a polygraph on February 13, 2002, he did more than fail, he was found to be 99%deceptive on the relevant questions about the attempted murder of his wife. That is when Michael Roberts made a startling confession (see Roberts failed polygraph here... page 10 -2nd paragraph) his plan was to own 100% of Xellex / Mile2. And that Ray Friedman would receive 10% equity per year. Also it came out during the trial that Friedman had been paid a lump sum of $25,000 in the first part of 2002, shortly after the shooting. He justified the payment in court by stating that he gave up his equity in Xellex for the payout because the company was so chaotic and difficult to work for he wanted out. He cited the difficult environment working with Michael and Tracey. He also asserted in testimony that the company was worthless, and larded down with IRS liens and other debts. Xellex = Mile2 Why was Mile2 formed when it provided the exact same services as Xellex? Its primary function was to transfer the assets of Xellex by taking over the customer base. When a person transfers sources of income from one entity he partially owns to an entity he wholly owns in most civilized countries thats called stealing. So Roberts secretly laid down a plan to defraud Tracey of profits she well deserved as a stock holder and investor. And he planned this before the December 13 shooting. Was he preempting a possible estate settlement if Tracey had been killed? We cant plumb the depths of Michaels mind. But we can observe his actions, and there exists a pattern of deceit that should have raised the suspicions of honest investigators. Thatssick Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 198. So when the Prosecution asked Friedman, under oath on the witness stand in front of the jury, what he did for a living, and he answered a self-employed auditor, it is my view that not only did Ray perjure himself, but Ben Smith committed prosuctorial misconduct by allowing the lie to stand as testimony. Knowingly presenting facts to the jury a prosecutor knows is not true constitutes is an ethical lapse that should warrant Tracey a new triala fair trial. One that would take into consideration the true facts, not trumped up ones based on witnesses coached to support a flimsy theory. Further there comes the evidence that Michael Roberts could not have been in another state that day. Sheriffs investigator Lt. Cessford reported interviewing Dr. Elvin Hopkins in February 2002. Hopkins is certain he saw Roberts in the bank the morning of December 13, in Early. It would have been impossible for Roberts to be an 8 to 10 hour drive away where his cell phone was recorded as pinging a cell tower later in the day. But no further investigation was undertaken, such as collecting surveillance tapes from the bank. Murder Inc. Mona Wehde was certain Roberts was the second intruder. She had felt certain all along that Roberts or Friedman fit the description of the second intruder, and had set up her son to get killed. So what did Roberts have to say for himself at the trial. Not much as it turned out. Ben Smith adroitly arranged it so none of this testimony could be impugned by hiding Michael Roberts away in the victims witness protection program. Using this strategy Michael Roberts alibi the night of the shooting, and accomplice in the theft of Xellex / Mile2 from Tracey Richter. Roberts could not be questioned in cross examination by defense attorneys. This conflict of interest is the root of prosecutorial misconduct. My contention all along is that prosecutorial misconduct by Ben Smith not only comprised the conflict of interest outlined above, but runs deeper. So exactly what is prosecutorial misconduct? Prosecutorial misconduct takesplace when a prosecutor Keeps potential witnesses (the people who dealt with Michael Roberts and had first- hand knowledge about events) from talking to the defendants lawyers Search Gagging the Witnesses Engages in a strategy to indict or sue people on vague charges (in one case, more than 300 charges) and then group these charges into an overriding conspiracy charge. This is done because in a conspiracy case, hearsay evidence is admissible. Search Conspiracy and Abuse of Charging Function Purposefully avoids gathering evidence that could be favorable to the defendants (called exculpatory evidence) Search Evidence Exculpatory Hides and permits the destruction of evidence favorable to defendants Search Evidence Exculpatory and Spoliation Fails to turn over exculpatory evidence to the defendants Search Evidence Exculpatory Manipulates the notes they took during witness interviews, excluding all exculpatory material Withholds exculpatory evidence until its too late to be useful to the defendants Search Evidence Withheld Fails to reveal or to admit that their witnesses lied on the stand Search Perjured Testimony Purposefully manipulates the media in order to poison the jury pool All of these tactics are unconstitutional and supposedly prohibited, yet Sac County Attorney Ben Smith used them and was permitted to use them in the Tracey Richter murder trial. Tracing the evidence Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 199. To show the depth of the involvement Michael Roberts had tampering with the jury and Ben Smiths collusion in that activity, lets concentrate on the email Roberts and the Sac County Prosecutor sent to Google alleging witness and jury tampering unless certain incriminating content was removed. The indexed articles in question alleged that Michael Roberts was responsible for the home invasion. These posts also asserted that Roberts had another inappropriate relationship with a man he mentored, and his employees in Mile2 had perjured themselves in an effort to help Michael Roberts from paying child support. Why would Smith and Roberts want these posts erased from Google if they werent incriminating. Ben Smith read these posts, since he helped Roberts push Google to de-index them. He knew what was in them. He had a responsibility to follow up on them and check their veracity. The e-mail correspondence follows: "October 2011 Subject Line: Jury and Witness Tampering Websites Through Google Search Urgent Takedown Request [Iowa vs. Tracey Richter [Murder in the 1st Degree] Dear Chris and Legal Support Team, For transparency I have ccd the Sac County Attorney who prosecuting the Iowa murder trial thisweek, aswell asBCCing some objective 3rd parties. (grammar error Michael Roberts, emphasis mine) Cease and Desist demand This is a formal request for the immediate de-indexing of the web pages / sites numbers A, B, C, D & E here in below. I understand that it is Googles position that you do not remove defamatory material from your search index without a court order, but I am hoping that a cursory assessment of this case will show that such a requirement is not needed. Roberts then claims he is to be a witness for the upcoming sentencing for Adam Zuckerman who masterminded a $20 million dollar fraud the FBI called Operation Lease Fleece in Santa Ana, California. Roberts then claims he will be a witness in the Tracey Richter murder trial in Iowa and that his ex-wife and Zuckerman are conspiring to tamper with witnesses or their families by muddying the waters in the hope the jury will not obey the Judges instructions not to do research outside of the court room. Roberts did not testify at either trial, and is a business partner of violent convicted felon Adam Zuckerman, based on a fear based marketing program called Google- Cide and deemed criminal by Fox News. What was Michael Roberts trying to accomplish by utilizing the Prosecutor in the Tracey Richter murder trial demanding Google de-index in items A, B, C, D & E? http://forum.vpxsports.com/18272/RE-Tracey-Richter-Roberts-woman-shoots-home- invader-is-tried-for-murder-11-years-later It should be noted Roberts claimed he embedded a trackable image in the forum so I can receive independent visitor stats, and it has been hundreds this week alone. The content is no longer located via a Google search.Michael Roberts was most concerned about the following headline Michael RobertsSuspect AND Did RobertsAdmit to Attempted Murder of His Wife? This site also raised the question In Meades email above, he references that he believes that Roberts may have tried to take out his wife, and also that this explains Paul, Roberts fall guy, alluding to suspicions that Roberts may be having a similar inappropriate relationship with Portelli, which has been alleged between Roberts the other young man Roberts mentored, Dustin Wehde, who Tracy Richter Roberts shot when two men broke into her home and tried to kill her. Did Roberts put Wehde up to taking out his wife? Was Roberts the other assailant? (SEE THIS ) when you click the link to the website to see if Roberts may have been the other assailant the content has been removed but this was the link http://www.dps.state.ia.us/commis/pib/Releases/2009/02-16-2009_WehdeCase.htm Why would the State of Iowa be removing content from its own web servers? And why did the Prosecutor and Michael Roberts pressure Google to de-index prior to the trial believing it would influence the jury to find Tracey innocent (refer to my original Ripoff Report about Jury and Witness Tampering)? Another person had alerted the public about Roberts issues and inappropriate relationship with the young men he mentors.The website requested by Michael Roberts to be de-indexed no longer exists.This website no longer appears within the first 20 search result pages of Google. It is essentially in Google oblivion, and while Michael Roberts once feared its content, someone or something made sure its content no longer Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 200. could be located. So what was erased from the search results? HISTORY LESSON Tracey Richter from her premarital assets provided the capital to start a company called Xellex, which became Mile2. The company according to Michael Roberts and Raymond Friedman did multi-millions in sales. The details of Raymond Friedman the CEO of Mile2 and his wife are in the original article on the Prosecutorial Misconduct by Sac County Prosecutor Ben Smith. This is why item D is imperative on the list. If the jurors or anyone else was able to piece together Mile2 Michael Roberts Ray Friedman Marie Friedmanall benefitted from millions of dollars in sales from a company Tracey Richter had provided the original seed capital for. Tracey was the majority share holder yet never saw these profits. And worse, the employees had provided perjured testimony to aid Michael Roberts for his non-payment of child support against the very children he is now in sole custody of and has been FOUNDED to have abused. Again this shows a clear pattern of fraud and injustice just as his inappropriate relationships with young adults hes purportedly mentoring do. So lets look further at what actually existed on these sites: Mr. Roberts altered Mile2 payroll tax filings and his own personal tax returns to change his INCOME to loan repayments in an attempt to avoid paying child support. This change in status of his INCOME to loan repayments contradicts the discovery documents provided by Mile2 to the court, court testimony of various Mile2 employees including Mr. Roberts, deposition testimonies, and financial affidavits along with loan applications that stated Michael made significant income at that time. It also contradicts testimony from Duane Anderson and discovery from Mr. Kolpin. As with the B, the links which use to attach to the site are no longer active. Michael Roberts utilizes the name and title of the Sac County Prosecutor in an email to Googles legal team to try and de-index content ahead of the trial which could influence jury members to believe Tracey Richter is innocent. Michael Roberts alerts Sac County Prosecutor to a conspiracy to tamper with witnesses or their families. Michael Roberts tries to imply that he is a witness on behalf of the FBI and Sac County Prosecutor. The truth is, he is business partners with Adam Zuckerman. During the Tracey Richter trial he was allowed to stay in Victims Witness Protection.Michael Roberts then uses the professional titles of Sac County Prosecutor Ben Smith and Sheriff Ken McClure to allow him to edit content on the internet which would impugn the prosecution witnesses by stating they unambiguously denied by authorities and is a matter of record. The original expose caused many investigators and others to reach out to me directly. I am honored that my writing and this platform has opened the possibility to set an innocent woman FREE. I know we have a long way to go. Equally, I have had phone calls from people speaking highly of Sac County Prosecutor Ben Smith. Ive been told that Mr. Smith had an ethical code instilled within him by his mother and another from the Army. Please understand that I know what its like to be used and manipulated by Michael Roberts. At one point I rented him a home for his family in Balboa, California 100 yards from the beach. On another occasion when the young man he was mentoring claimed to be out of money, I opened my home and allowed them to each live at my home and eat my food. Later I discovered that during this time they were planning to kill me. Ben if you truly have this code your mother instilled, I implore you not to allow your laptop to crash as Special Agent Vileta and Michael Roberts have, so incriminating and exculpatory evidence is lost. I ask you Ben to review the emails, and look at the depositions and previous legal filings on Mile2. According to Raymond Friedman and Michael Roberts the company Tracey Richter capitalized made over $7 million dollars and the only people who shared in that were Michael Roberts and his employeesnot Tracey Richter or her children. I understand why prosecutors work for convictions and not justice. Its human nature to want to win a case. But your duty to your ethical standards, Ben, is to uphold justice, wherever that leads you. I implore you this one timestop Michael Roberts. He has a long list of his victims hes manipulated. And, Ben, from what people told me about you the last few days, I believe you may be a victim as well Report Attachments: Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 201. #53 REBUTTAL Individual responds Darren Meade is a professional reputation hitman working for Ed Magedson *UPDATE .. From the EDitor - Neither Ripoff Report, nor Ed Magedson engaged, hired or requested Darren Meade to write this story. AUTHOR:Michael Roberts of Rexxfield - (United States of America) SUBMITTED: Friday, September 14, 2012 CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report. Readers please note. Darren Meade is a professional smear campaigner, this 30 second video reveals the gleeful pleasure he derives from tormenting his previous smear-campaign target: (((REDACTED))) (((REDACTED))) AND He works for or with Ed Magedson, owner of RipOffReport.com. Magedson engaged Meade to discredit my research and exposes on RipOffReport's appalling and anti- social business practices here: (((REDACTED))) I challenge Darren Meade to find any current criminal record, or child abuse register record on me that has not been ruled as unfounded, ANYWHERE IN THE WORLD. All reports were made by a now convicted murderer who was also convicted of perjury by a jury in 2009, and welfare fraud in 2010. Home File a Report Consumer Resources Search Linkto Ripoff Report Customer Support for Technical Issues General Questionsand Suggestions Privacy Policy Termsof Service FAQ About Us Why Ripoff Report will not release author information! ThankYou Emails! Corporate Advocacy Program: Howto repair your businessreputation. Ed Magedson - Ripoff Report Founder Want to sue Ripoff Report? Donate to our Legal Defense BadBusinessBureau.com Copyright ©1998-2014, Ripoff Report. All rightsreserved. Respond to this report! File a Rebuttal Respond to this report! File a Rebuttal Report & Rebuttal Respond to this report! File a Rebuttal Also a victim? File a Report Repair Your Reputation! Get Started Arbitrate Remove Reports? No! Better yet! Arbitrate to set the record straight! Server Error E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 202. From:   Darren Mitchell <darrenmitchellm@gmail.com> Sent time:   09/10/2012 01:16:16 PM To:   Ripoff Report <editor@ripoffreport.com>; westerned@aol.com Subject:   Corrections for Report on Ben Smith # 3 Attachments:   Review2.docx       RIB­BIT E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 2
  • 203. Company  Name  Box  :      Ben  Smith  Sac  County  Iowa  Attorney  Prosecutorial  Misconduct     Ben  Smith  Sac  County  Iowa  Prosecutor  Prosecutorial  Misconduct    Improper  relationship  with  star   witnesses    allows  witness  to  knowingly  lie  /  sought  fame  not  justice  /  Sac  County  corruption  Sac  City   Iowa.  Tracey  Richter  falsely  convicted  evidence  leads  to         Review:  DateLine  NBC’s  “Twisted”  is  a  Case  Study  in  Prosecutorial  Misconduct     News  Analysis  and  Opinion     Dateline  NBC’s  episode  “Twisted”  is  a  totally  exhausting,  fully  encompassing  story  about  dangerous   people.  Once  you  digest  this,  more  articles  will  follow.  The  Genesis  will  be  the  Tracey  Richter  case  but   we  will  cover  the  several  million  dollars  in  business  revenues  shared  between  the  key  prosecution   witnesses,  how  the  Sac  County  Prosecutor  Ben  Smith  played  into  that,  and  the  mastermind  they  hid   away,  ingeniously  making  him  impossible  to  subpoena.      Photo  caption  –  Tracey  Richter  and  her  fiancé  Russell  Schertz    I’ve  been  looking  into  ancillary  matters  related  to  this  story  for  nearly  a  year  now,  and  I  can  say  without   question  there  is  far  more  to  this  than  what  appeared  on  DateLine  NBC.     Why  would  the  Iowa  Division  of  Criminal  Investigation  and  Sac  County  Prosecutor  go  to  such  lengths  to   prosecute  an  innocent  woman?  In  future  articles  we  will  detail  how  they  are  protecting  a  person  who   can  tamper  with  a  jury  verdict  in  ANY  trial,  but  that  is  for  another  time.   In  this  lucid  discussion  of  the  significant  revelations  of  systemic  wrongdoing  in  Sac  County  and  Iowa   Division  of  Criminal  Investigation,  we’ll  uncover  how  the  culture  of  Iowa  is  different  from  that  of  other   states,  and  that  denying  the  truth  is  woven  into  its  ethos.  Moreover,  it  perverts  justice  for  purposes  that   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 204. are  unique  to  a  cast  of  characters,  and  have  nothing  to  do  with  protecting  the  public.  Perhaps  this  is  why   Iowa  has  had  an  80%  rise  in  prosecutorial  misconduct  appeals  in  the  last  decade.  Watching  the  travesty   of  justice  of  the  Tracey  Richter  trial  crack  wide  open  over  the  last  few  weeks  has  left  me  puzzled.   We  can  say  things  like,  “Ultimate  responsibility  goes  to  the  man  at  the  top,”  meaning  Ben  Smith,  Sac   County  Attorney  and  Prosecutor.  And  that  sounds  right,  but  it  still  doesn’t  explain  how  any  of  it   happened.  “The  key  people  are  criminals,  liars,  or  willfully  blind.”  We  could  say  that,  but  then  we  would   have  to  explain  how  so  many  of  them  ended  up  in  Iowa.  Puzzles  like  these  have  led  many  people  to  the   conclusion  that  there’s  a  culture  inside  the  prosecutor’s  office  that  is  responsible  in  some  way,  and  I   agree  with  that.  This  is  not  just  about  one  individual,  but  about  the  culture  of  an  organization.   Prosecutors  and  investigators  do  not  routinely  break  the  law,  tamper  with  juries,  intimidate  and  mislead   witnesses,  and  generally  conduct  themselves  like  thugs  unless  it  is  a  matter  of  recognized  and   understood  policy.     Consider  the  powers  of  the  prosecutor  –  The  prosecutor  decides:   1.  Whether  or  not  to  bring  criminal  charges   2.  Who  to  charge   3.  What  the  charges  will  be   4.  Whether  the  charges  will  be  misdemeanor  or  felony     5.  Whether  the  person  charged  will  stand  trial  or  plead  out   6.  What  sentence  the  judge  should  give     “A  prosecutor’s  power  to  invoke  or  deny  punishment  at  his  discretion  is  the  power  to  control  and  destroy   people’s  lives.”    Professor  Bennett  Gershman   A  Short  and  to-­‐the-­‐Point  Overview   Hiding  the  Good  Stuff    Iowa  Division  of  Criminal  Investigation  (IDCI)    Trick  #1  -­‐  They  Avoided  Gathering  Favorable  Evidence  –  I  and  Sac  County  law  enforcement  never   interviewed  Michael  Roberts  after  his  99%  deceptive  polygraph  about  his  knowledge  or  involvement  in   the  home  invasion.    Trick  #2  -­‐  They  Avoided  Gathering  Favorable  Evidence  –  IDCI  and  Sac  County  law  enforcement  refused   to  follow-­‐up  February  2011  information  that  Michael  Roberts  had  manipulated  another  mentally   unstable  man  he  was  mentoring  to  commit  murder  to  protect  Robert’s  business  interests.    Trick  #3  -­‐  They  Avoided  Gathering  Favorable  Evidence  –  Prosecutor  Ben  Smith  had  documented  proof  of   a  Hacking  Code  that  tampered  with  the  jury  via  the  Internet.  This  included  information  of  an  alleged   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 205. juror  admitting  he  was  tampered  with.  Rather  than  investigate,  Ben  Smith  sent  the  confidential   information  to  The  Hacker  who  tampered  with  the  jury.   Trick  #4–  They  Avoided  Gathering  Favorable  Evidence  –  IDCI  and  Sac  County  law  enforcement  had  a  city   employee  and  her  husband  ‘Clean’  the  bedroom  (murder  scene)  and  then  released  the  murder  scene   within  the  initial  24-­‐hours  to  the  primary  suspect,  Michael  Roberts.   Trick  #5  –  They  Avoided  Gathering  Favorable  Evidence  –  IDCI  and  Sac  County  law  enforcement  realized   the  error  they  made  in  releasing  a  crime  scene  within  24-­‐hours  to  the  primary  suspect  who  then  failed   his  polygraph  about  the  murder.  In  order  to  keep  him  from  impugning  the  prosecution’s  case,  they   allowed  him  to  stay  in  a  Witness  Protection  program  where  he  could  not  be  served  a  subpoena.   Trick  #6  -­‐  Someone  Had  a  Favorable  Position  to  the  Defense  –  IDCI  Special  Agent  Vileta  is  alleged  to  have   misled  and  tampered  with  primary  witness  Mona  Wehde,  who  believed  Michael  Roberts  shot  her  son.   Wehde  testified  Vileta  assured  Roberts  had  been  interviewed  and  cleared,  yet  no  interview  from  Vileta   was  produced  for  trial.  Vileta  claims  he  never  interviewed  Michael  Roberts.     Trick  #7  -­‐  When  Someone  Did  Say  Something  Favorable  for  the  Defense,  They  Didn't  Write  It  Down.     Trick  #8  –  Prime  Investigator  Lost  Critical  Documents  –  All  Special  Agent  Vileta’s  correspondence  with   Michael  Roberts—7  sheets  of  notes  authored  by  Dustin,  2  post-­‐it  notes  authored  by  Dustin,  and  a  3rd   Notebook,  were  lost  by  Trent  Vileta.    Trick  #9  -­‐  Permitted  Destruction  of  Evidence  and  Intimidation  of  Potential  Defense  Witnesses     Background  –              click  here  to  watch  this  segment  (  is  it  possible  to  embed  the   link  into  the  photo  labeled  twisted?  )   http://www.ripoffreport.com/common/videos/dateline_twisted_part_5.mp4   Missed  Facts  -­‐   •Michael  Roberts  had  an  arrest  and  conviction  for  domestic  battery  filed  under  Sac  County  Domestic   and  Child  Abuse  Report  #  2000-­‐00407,  Trial  Notice  CASE  NO  02811  SMCR008251  (see  document  here   page  2).  His  plea  deal  took  nearly  a  year  to  arrange  (see  document  page  3).  He  was  arrested  for   Domestic  Assault  in  2000.  He  was  set  for  trial  over  the  assault  in  2001.  DateLine  had  this  material  fact  in   error.   •Michael  Roberts  was  Founded  (Confirmed  and  Placed)  on  the  Central  Abuse  Registry  by  the  Iowa   Department  of  Human  Services  on  3/21/2007  (see  report  here)  for  the  abuse  of  Noah  Roberts  and   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 206. Mason  Roberts.  Noah  and  Mason  are  the  half-­‐brother  and  sister  to  Bert  Pitman  who  was  featured  in  the   DateLine  NBC  segment,  “Twisted.”   •Michael  Roberts  pled  ‘No  Contest’  to  the  charge,  which  under  Iowa  law  is  a  conviction.  The  ‘conviction’   forbids  him  from  gun  ownership  under  the  Domestic  Violence  Gun  Ban  and  equally  violates  the  Iowa   Domestic  Battery  Firearm  restriction  laws.   •Michael  Roberts  first  known  violation  of  violating  the  domestic  violence  gun  ban  was  on  July  22,  2002   from  Carolina  Sporting  Arms,  110  East  Kingston  Avenue,  Charlotte,  NC  28203  (704)  375-­‐7987    Photo  caption  below,  smaller  font   Michael  Roberts  is  photographed  with  one  of  many  handguns  he  purchased  in  violation  of  Court  Orders  after  his  conviction  of  Spousal  and   Child  Abuse.  The  photograph  is  with  a  sniper  rifle.  Police  reports  allege  he  threatened  to  kill  a  Chicago  detective  with  s  sniper  rifle  and  that  he   (Roberts)  is  a  very  good  shot.  Roberts  is  on  an  audio  recording  with  another  young  man  he  mentors  discussing  having  this  young  man  kill   someone  to  ‘protect  the  inner  sanctum’  or  Roberts  new  business  enterprise  with  a  .50  caliber  hollow-­‐point  bullet  which  just  explodes  his  brain,   the  same  as  used  by  the  rifle  in  the  photo  with  Roberts  above.     “For  some  prosecutors  the  risk  of  losing  a  criminal  trial  is  unacceptable.  Although  the  evidence  of  guilt   may  be  sufficient,  and  a  conviction  likely,  a  prosecutor  knows  he  faces  an  aggressive  adversary  and  an   unpredictable  jury.  A  prosecutor  also  knows  that  he  must  present  his  case  consistent  with  a  broad  array   of  constitutional  statutory,  evidentiary,  and  ethical  proscription  designed  to  minimize  unfair  prejudice   and  assure  the  defendant  a  fair  trial...  Some  prosecutors  find  these  rules  too  confining  and  seek  to   circumvent  them.  For  such  a  prosecutor,  the  risk  of  losing  a  trial  far  outweighs  the  risk  of  losing  the   subsequent  appeal.”    Prosecutorial  Misconduct,  Second  Edition,  by  Bennett  L.  Gershman  (Page  10-­‐3)   The  Plot  Was  Engineered  &  Executed  –      Click  here  to  watch  this  segment  (is  it  possible  to  embed  the  link  into   the  photo  labeled  twisted?)   http://www.ripoffreport.com/common/videos/dateline_twisted_part_8.mp4     Blatant  Untruths  of  Ben  Smith  and  Mary  Higgins  –     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 207. •February  13th,  2002  Michael  Roberts  fails  his  polygraph  and  is  found  99%  deceptive  on  the  only   questions  pertaining  too  if  he  knew,  planned  or  took  part  in  the  home  invasion.     •Michael  Roberts  then  admits  that  he  told  Dustin  about  John  Pitman  and  “didn’t  paint  a  very  pretty   picture.”  Michael  Roberts  in  an  earlier  segment  with  DateLine  professes  he  ‘wanted  to  kill  him’  speaking   of  John  Pitman.     •December  26,  2008,  Mona  Wehde  states  that  Special  Agent    Vileta  changed  Mona  Wehde’s  belief  that   Michael  Roberts  had  killed  Dustin  by  assuring  her  he  had  interviewed  and  cleared  Michael  Roberts  (see   document  here  pages  105  lines  9-­‐25  and  page  106  lines  1-­‐15)   • January  20,  2009,  Iowa  Division  of  Criminal  Investigations  on  an  internal  memo  still  lists  Michael   Roberts  as  a  suspect  (see  document  here).   •September  23,  2011,  Trent  Vileta  states  he  -­‐-­‐-­‐-­‐  never  interviewed  Michael  Roberts  and  “left  him  out”  of   what  he  did  (see  pages  47  &  48)  Michael  Roberts  fails  his  polygraph  on  Febuary  13,  2002.  The  attack   took  place  on  December  13,  2001.  The  Roberts  left  on  a  pre-­‐planned  family  vacation  the  following  week.   Vileta’s  excuse  for  not  investigating  Roberts  is  that  Roberts  was  extensively  interviewed  in  2001.     •October  2010,  Trent  Vileta  admits  he  is  biased  and  has  tunnel  vision.  In  an  email  copied  to  Sheriff   McClure  he  states  he  is  having  a  “hard  time  appearing  to  be  neutral.”     •November  2010,  Ben  Smith  is  elected  and  Vileta  begins  sharing  his  self-­‐admitted  biased  information   that  leads  to  Tracey  Richter  being  charged  with  the  murder  of  Dustin  Wehde.   • February  2011,  Information  is  provided  that  Michael  Roberts  on  information  and  belief  has   manipulating  another  mentally  unstable  man  to  commit  murder  on  his  behalf,  the  caller  even   states  he  ‘fears  this  person  will  become  Dustin  Wehde  #2’   •Mary  Higgins  helps  generously  in  Ben  Smith’s  election  campaign.   •Ben  Smith  became  romantically  involved  with  Mary  Higgins’s  daughter  and  while  having  and  drinks  at   the  Higgins’s  house,  Ben  starts  to  describe  the  case  and  secret  evidence  (Notebook).   •On  December  13,  2001,  within  the  first  24  Hours  of  the  shooting,  the  crime  scene  bedroom  is  cleaned   by  a  city  employee  and  her  husband  and  released  to  prime  suspect  Michael  Roberts.   •One-­‐hour  after  Michael  Roberts  has  the  crime  scene  released,  he  claimed  to  have  found  additional   shell  casing  missed  by  CSI  investigators  who  processed  the  bedroom.   There’s  so  much  going  on  in  “Twisted,”  you  need  more  than  two  hours  to  dissect  it.  It’s  a  gritty,  edgy,   uncomfortable  episode  in  my  opinion  to  watch  the  prosecutor,  lead  investigator,  and  star  witness  utilize   all  the  tricks  #1  –  9  above.     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 208. Mary  Higgins  claimed  to  be  Tracey’s  best  friend  and  was  ‘spooked’  that  her  friend  continued  to  change   contact  information,  crossing  out  and  putting  down  new  information.  Why?  As  a  best  friend,  she  knew   Michael  received  money  from  the  bank  for  a  home  equity  loan  without  telling  Tracey,  and  purchased  a   home  for  another  woman,  in  Florida  (Anderea  Berger).  Tracey’s  husband  even  married  another  woman   while  still  married  to  Tracey,  and  that  he  continually  violated  protective  orders.  In  2007,  Michael  Roberts   was  placed  on  the  Child  Abuse  Registry  for  abusing  Noah  and  Mason  as  he  previously  did  Bert  according   to  Higgins.      The  photo  is  of  Noah  and  Mason  Roberts  and  their  mother,  Tracey  Richter.  Michael  Roberts  was   found  guilty  of  Domestic  Assault  which  was  performed  in  front  to  Tracey  and  Michaels  sons  (Bert  Pitman  and  Noah  Roberts)  Michael  Roberts   also  was  found  to  have  physically  abused  both  Noah  and  Mason  Roberts  and  was  placed  on  the  Child  Abuse  registry.    Despite  the  children   openly  being  fearful  of  Michael  Roberts,  and  findings  of  physical  abuse  to  both  children,  Ben  Smith  Sac  County  Iowa  Prosecutor  made  certain   the  children  were  placed  solely  in  the  custody  of  Michael  Roberts.  Noah  Roberts  had  always  been  the  protector  of  Mason  Roberts,  and   therefore  Michael  Roberts  in  order  to  assert  his  dominance  and  control  of     And  Higgins  must  have  known  that  Michael  Roberts  through  a  company  called  Mile2,  stole  Tracey’s   identity  and  that  law  enforcement  advised  her  she  should  legally  change  her  name  (see  document),   which  she  did.   According  to  a  supplemental  report  filed  by  Sheriff  Ken  McClure,  Robyn  Padgett  explained  “she  spoke  to   Mary  Higgins  often  and  that  Mary  Higgins  was  always  trying  to  get  Padgett  to  befriend  Tracey  Roberts,   Padgett  always  felt  Higgins  was  trying  to  get  information  from  Padgett.”  If  Higgins  and  Richter  were   ‘best  friends’  why  was  she  trying  to  have  Padgett  befriend  Tracey  to  get  information?  The  supplemental   report  goes  onto  say  “Padgett  also  told  Mary  Higgins  about  the  ‘Notebook’  found  in  Dustin  Wehde’s   bedroom…with  coded  writing.”  Coded  writing  is  important  because  the  writing  in  the  notebook  in   Dustin’s  car,  the  ‘secret  evidence’  was  also  considered  bizarre.  But  this  notebook  had  the  name  Ilka   Pitman;  if  you  change  the  letters  in  Ilka  you  have  a  phonetic  code—Kill  A  Pitman(  See  Sheriff's   Supplemental  Report  here,  notice  2nd  page  2nd  paragraph)  Remember  Dustin’s  mentor  earlier  on   DateLine  said  he  wanted  to  kill  John  Pitman.  Dustin’s  mentor  after  failing  his  polygraph  confessed  he   told  Dustin  about  John  Pitman  and  “would  not  have  painted  a  very  pretty  picture.”     Mary  claimed  she  helped  clean  up  Tracey’s  home  after  the  shooting.  Yet  the  police  report  clearly  states   within  hours  they  had  a  city  worker  and  her  husband  clean  the  crime  scene  and  release  the  home  to   Michael  Roberts.   Michael  Robert  claimed  to  have  then  cleaned  the  home  and  located  shell  casings  within  an  hour  of   taking  possession  of  the  home  that  were  missed  by  CSI  investigators.  The  scene  was  already  cleaned   twice  as  documented  by  police  reports,  yet,  nowhere  in  the  police  reports  did  it  mention  the   participation  of  Mary  Higgins.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 209. Special  Agent  Trent  Vileta  had  already  confessed  he  was  having  a  hard  time  appearing  ‘neutral.’  He  was   already  biased  and  was  building  a  case  to  validate  his  theory  versus  collecting  evidence  and  investigating   the  facts.  That  being  said,  everything  Vileta  supplied  to  Ben  Smith  was  already  biased.   In  his  mentorship  of  Dustin,  Michael  Roberts  had  Dustin  work  on  creative  writing  exercises  that  often   were  violent  in  nature.  Roberts  after  his  failed  polygraph  admitted  he  told  Dustin  details  about  John   Pitman  and  don’t  forget  in  the  other  notebook,  Kill  a  Pitman.  The  super-­‐secret  evidence,  the  Pink   Notebook  was  photographed  at  the  crime  scene,  and  listed  under  section  two  of  the  Vehicle  Interior                                                                                                                        Photo  caption  –  Dustin  Wehde  Car  Inventory  Which  Listing    List  Pink   Spiral  Notebook   http://www.ripoffreport.com/common/files/Dustin_Wehde_Car_Inventory.pdf    just  in  case  you  need  a  larger  version  to  make  this  readable.   Examination  “Pink  Lined  Spiral  Notebook”,  the  notebook  is  also  mentioned  in  multiple  police  reports   and  even  states  that  the  writing  in  the  notebook  was  ‘bizarre.’  The  crime  scene  photos  were  heavily   circulated  and  a  civil  lawsuit  in  2004  put  all  of  this  into  public  record.  The  crime  scene  photos  were   shown  to  me  personally  in  2010  by  Michael  Roberts.   Ben  Smith  is  having  dinner  and  drinks  at  his  girlfriend’s  parent’s  house  who  were  also  generous   campaign  supporters  and  helped  get  Ben  Smith  elected.  At  some  point,  Ben  starts  to  describe  the  case   and  the  secret  evidence  (notebook)  and  according  to  Mary  she  says  “you  mean  that  stupid  notebook?”   If  the  information  is  supposed  to  be  secret,  why  is  Ben  Smith  describing  it?  More  to  the  point,  Ben   turned  ‘white’  and  slid  to  the  floor  when  he  heard  ‘stupid  notebook’  but  three  (3)  notebooks  had   already  been  a  part  of  evidence,  he  should  not  have  been  shocked  over  a  notebook.   Preposterous  Allegations   It  is  preposterous  to  think  that  a  solution  to  losing  child  support  is  for  Tracey  to  frame  the  payer  of  her   child  support  with  a  capital  offense.  If  the  Pitman  went  to  jail  the  child  support  would  fall  to  “0”  ZERO!   Tracey  had  already  signed  off  on  a  Vail  condominium  in  exchange  for  Bert’s  father  (John  Pitman)  to  pay   for  Bert’s  college.  If  John  went  to  jail,  Tracey  would  have  to  pay  for  Bert’s  college,  a  daunting  task  for  a   single  mother  with  3  kids.   My  heart  goes  out  to  Mona  Wehde,  as  I  sincerely  believe  her  trust  was  betrayed  by  Michael  Roberts,   Trent  Vileta,  and  Ben  Smith.  I  lost  my  father  to  suicide,  and  I  know  first-­‐hand  the  desire  to  try  and   cherish  and  honor  their  memories.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 210. Mona  first  trusted  Michael  Roberts  with  the  mentoring  of  her  son,  and  he  broke  that  trust.  That  is  what   made  me  call  law  enforcement  in  Iowa  in  February  2011,  fear  that  a  new  young  man  was  going  to   become  Dustin  Wehde  #2.   Michael  Roberts  had  convinced  another  man  whom  I  believe  he  was  manipulating  mentally  and  sexually   to  plot  to  kill  me,  the  talk  even  centered  on  using  a  .50  caliber  hollow  point  bullet  to  explode  my  brain.   This  was  to  be  done  to  protect  Michael  Roberts’s  business  interest.       -­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐     “If  the  prosecutor  is  obliged  to  choose  his  cases,  it  follows  that  he  can  choose  his  defendants.  In  such   cases  it  is  not  a  question  of  discovering  the  commission  of  a  crime  and  then  looking  for  the  man  who  has   committed  it;  it  is  a  question  of  picking  the  man  and  then  searching  the  law  books,  or  putting   investigators  to  work,  to  pin  some  offense  on  him.  Therein  if  the  most  dangerous  power  of  the   prosecutor:  that  he  will  pick  people  who  he  thinks  he  should  get,  rather  than  pick  cases  that  need  to   be  prosecuted.  It  is  in  this  realm  in  which  the  prosecutor  picks  some  person  whom  he  dislikes  or  desires   to  embarrass,  or  selects  some  group  of  unpopular  persons  and  then  looks  for  an  offense,  that  the   greatest  danger  of  abuse  of  prosecuting  power  lies.  It  is  here  that  law  enforcement  becomes  personal,   and  the  real  crime  becomes  that  of  being  unpopular  with  the  predominant  or  governing  group,  being   attached  to  the  wrong  political  group,  being  attached  to  the  wrong  political  views  or  being  personally   obnoxious  to,  or  in  the  way  of,  the  prosecutor  himself.”   Supreme  Court  Justice  /  United  States  Attorney  General  /  Nuremburg  Prosecutor  Robert  Jackson,   1940   Ben  Smith  admits  to  Dateline  he  would  willfully  lie  as  an  officer  of  the  court  to  protect  his  own  mother  if   roles  were  reversed.  In  “Twisted,”  did  he  lie  to  protect  his  potential  future  mother-­‐in-­‐law  who  became   his  star  witness,  and  violate  Tracey  Richter’s  due  process?     “Twisted”  is  a  dangerous  segment.  I  can’t  remember  a  time  in  recent  memory  when  I  watched  a   Dateline  and  wondered  what  the  prosecutor,  star  witness,  and  lead  investigator  might  allegedly  lie   about  next,  and  you  quickly  understand  this  trial  was  a  crude  conviction  machine  versus  an  instrument   of  justice.    The  Tracey  Richter  case  was  nothing  more  than  a  sham  to  protect  the  business  opportunities   of  key  prosecution  witnesses  and  Sac  City  Attorney  Ben  Smith,  himself.   A  Mystifying  Break  In     In  late  2001,  to  most  people  in  the  small  town  of  Early,  Iowa,  Tracey  Richter  was  a  hero.  A  woman  who   stood  up  for  her  family  and  did  the  unthinkable,  breaking  away  from  an  intruder  who  had  just   attempted  to  garrote  her  with  pantyhose,  grabbing  a  pistol  from  a  bedroom  safe,  and  shooting  him  nine   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 211. times  until  he  stopped  moving.  All  of  this  while  her  three  children  huddled  in  a  nearby  bedroom,  fearing   for  their  lives.  In  a  community  of  only  600,  crimes  this  grisly  are  rare.  But  what  added  an  extra  element   of  mourning  to  the  town’s  grief  and  shock  was  that  the  break  in  was  led  by  a  local,  someone  most  folks   knew,  someone  the  Roberts’  family  knew  well—Dustin  Wehde.  His  mother,  Mona,  was  a  respected  real   estate  agent  in  the  area.  And  Dustin  didn’t  appear  bent  on  robbery  but  murder.  Why?     A  Bizarre  Twist     Why  would  Dustin  Wehde  seek  to  harm  a  family  he  knew  so  well?  A  family  who  had  befriended  him?   Michael  Roberts  had  reached  out  to  Dustin’s  Mother  offering  to  mentor  him,  taking  him  paintballing  and   to  church  with  the  family.  He  was  in  every  sense  a  friend  of  Michael  Roberts,  someone  who  had  been   over  to  the  Roberts’  house  on  many  occasions.  He  was  the  last  person  Tracey  imagined  would  harm   them.    And  then  there  was  the  case  of  the  second  intruder.  The  only  description  they  had  of  the  man   who  fled  was  that  he  was  6  feet  tall,  25  to  35  years  old,  with  a  slender  build  and  dark  wavy  hair.  Michael   Roberts,  in  an  interview  with  a  local  paper,  The  Register,  confirmed  he  believed  the  other  man  was   behind  the  attack  and  Dustin  “was  under  the  influence  of  the  other  person…the  boss.”  That  same  week   Michael  Roberts  posted  a  $10,000  reward  for  information  leading  to  the  arrest  of  the  2nd  intruder,   evidently  believing  strongly  in  his  existence.  For  the  Sac  County  Sheriff,  the  circumstances  surrounding   the  break  in  left  too  many  troubling  questions  to  close  it  out  as  robbery  attempt  gone  bad.  The  Sheriff   and  his  investigators  surmised  someone  had  put  Dustin  up  to  it,  and  they  theorized  that  someone  had   probably  paid  him  to  commit  the  crime.  Disturbing  pornography  was  mentioned  in  police  reports  and  by   witnesses  causing  the  speculation  that  Dustin  Wehde  and  Michael  Roberts  had  a  sexual  relationship.   Could  this  have  been  a  crime  of  passion?   An  Eye  Witness     The  night  Tracey  Richter’s  life  changed  forever  her  last  name  was  Roberts.  It  was  early  evening  on   December  13,  2001  and  Tracey  was  upstairs  bathing  her  young  daughter  Mason.  Eleven-­‐year-­‐old  Bert   was  in  his  bedroom  watching  Spy  Kids  with  three-­‐year-­‐old  Noah.    It  was  after  six  and  her  husband  had   been  out  of  town  on  a  business  trip  so  when  she  heard  noises  downstairs,  she  went  out  onto  the  landing   and  called  downstairs,  thinking  he’d  returned  a  few  hours  early.  No  one  answered,  so  she  called  again.   The  stairs  were  dark  and  two  figures  ascended  the  stair  case,  everything  in  her  body  told  her  they  were   not  friendly.  Bert  came  out  of  the  room,  and  she  handed  off  the  baby  to  him,  telling  him  to  get  in  his   room,  close  the  door.     Before  she  could  escape,  the  first  intruder  wrapped  a  nylon  pantyhose  around  her  neck,  attempting  to   garrote  her,  leaving  her  neck  severely  bruised.  She  broke  away  and  was  able  to  retrieve  a  gun  from  her   bedroom  and  she  shot  at  Dustin,  stopping  a  further  attack  in  her  bedroom.  The  second  intruder  was   heard  shouting:    “the  B*tch  has  a  gun,”  and  fled.  She  was  able  then  to  check  on  the  children,  and  get   them  safely  downstairs  to  call  9-­‐1-­‐1.   A  Cold  Case     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 212. Investigators  eventually  honed  in  on  her  husband,  Michael  Roberts,  as  a  suspect.  The  police  knew  they   had  a  volatile  marital  relationship.    They  had  the  police  reports  that  proved  his  physical  abuse  of  Tracey.   Iowa  Department  of  Human  Services  found  that  Michael  Roberts  had  abused  both  his  young  son  and   daughter.  Their  family  business  was  either  making  millions  of  dollars  or  struggling  financially,  depending   on  who  you  spoke  with.  Tracey  had  a  considerable  life  insurance  policy  as  did  the  children.  Michael  had   an  alleged  alibi  for  his  whereabouts  that  Thursday  night,  so  he  was  ruled  out  as  the  second  intruder,  but   not  as  the  mastermind  behind  the  plot  to  kill  Tracey  and  her  children.  What  immediately  had  caught  the   sheriff’s  attention  were  the  results  of  his  polygraph  test.  Four  weeks  after  the  incident  Michael  had   flunked  a  police  test.  The  police  asked  if  he  had  planned  and  arranged  for  Dustin  to  enter  his  house  on   December  13;  if  he  knew  the  identity  of  the  second  intruder.  He  answered  no  to  these  along  with  two   other  questions  and  the  tester  concluded  with  a  99%  certainty  his  answers  were  deceptive.  By  the  time   a  sheriff’s  detective  sat  down  across  from  Michael  Roberts  in  2003  and  asked  him  point  blank  how  much   he  had  paid  Dustin  to  kill  his  wife,  the  Sheriff  was  pretty  certain  they  had  come  to  right  conclusion.  But   Michael  denied  it.  Continued  to  deny  it,  and  he  never  broke  from  his  story.  When  Sheriff  McClure’s   investigators  brought  the  case  to  Sac  County  Prosecuting  Attorney,  Earl  Hardisty,  he  refused  to   prosecute.  There  were  several  factors  in  his  decision,  but  his  refusal  centered  on  the  contamination  of   the  crime  scene  by  the  paramedics  and  the  police  and  the  poor  forensic  work  by  the  investigators  at  the   crime  scene.  The  case  went  cold  as  far  as  the  cops  were  concerned.  Michael  and  Tracey  went  on  with   their  fragile  marriage  that  finally  ended  in  2008.     New  Evidence     Mona  Wehde  continued  to  mourn  for  her  dead  son;  nagged  by  the  belief  Dustin  could  have  never  done   this  on  his  own.  She  even  had  a  theory  about  the  second  intruder  but  no  one  ever  took  her  seriously.   Her  private  grief  began  to  turn  in  2007  when  she  received  a  call  from  Special  Agent  Trent  Vileta.  He  had   been  handed  the  cold  case  of  the  Dustin  Wehde  shooting  and  had  uncovered  some  new  evidence,   evidence  that  would  take  the  case  in  an  entirely  new  direction.  And  if  that  evidence  panned  out,  it  could   bring  a  measure  of  closure  to  her  pain.     Life  in  Prison     Special  Agent  Vileta  compiled  his  facts  and  bided  his  time.  And  when  a  new  Sac  County  DA  was  took   office  in  January  2011,  Vileta  laid  out  his  case  to  the  young  aggressive  prosecutor,  Ben  Smith.  On  July  26,   2011  Tracey  Richter  was  arrested  on  charges  of  first  degree  murder  in  the  shooting  death  of  Dustin   Wehde,  and  a  year  later  was  convicted  of  murder  in  the  first  degree  and  sentenced  to  life  without  the   possibility  of  parole.  What  had  Special  Agent  Vileta  uncovered,  and  how  had  he  conveyed  it  to  county   attorney,  Ben  Smith  who  convinced  a  jury  of  her  peers  to  find  her  guilty  of  first  degree  murder?  How   were  these  new  facts  so  compelling  that  even  an  eye  witness  to  the  break  in  and  shooting  were   impugned  as  lying?  How  had  it  come  about  that  the  man  whom  most  in  town  were  convinced  had   committed  this  crime  now  had  custody  of  the  couple’s  two  children,  and  the  mother  who  had  fought  to   save  them,  was  now  a  convicted  killer  serving  life  in  prison?  Did  the  defense  attorney’s  know  about  the   ethical  lapses  on  the  part  of  the  prosecutor?  Did  Ben  Smith  uphold  the  ethical  duty  of  his  office  to  seek   justice  no  matter  the  cost  to  his  case?     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 213. These  are  some  of  the  questions  that  must  be  answered  in  order  to  understand  why  Tracey  Richter  is  in   jail  for  life.                       Compiling  the  Evidence       Back  when  he  first  received  the  case,  Special  Agent  Trent  Vileta’s  first  assignment  was  to  find  a  motive   for  the  crime.  He  early  discounted  the  failed  polygraph  of  Michael  Roberts,  claiming  on  tape  that   Michael  didn’t  believe  in  the  second  intruder,  which  in  his  mind  explained  the  deceptive  results  of  the   test.  This  directly  contradicts  Michael’s  own  statements  to  both  the  press,  which  is  cited  earlier,  and  to   the  public  in  offering  a  cash  reward  for  information  leading  to  the  arrest  of  the  second  intruder.  Why   would  Special  Agent  Vileta  make  such  a  spurious  claim  in  contradiction  to  the  facts  as  they  were   publically  known?  Had  his  objective  judgment  already  been  so  impaired  by  his  determination  to  see   Tracey  tried  for  murder  that  the  facts  no  longer  mattered?  Nevertheless,  Special  Agent  Vileta  believed   he  was  onto  something,  and  at  this  point  whatever  facts  didn’t  fit  into  his  theory  had  to  be  in  some  way   recast.       He  zeroed  in  his  investigative  energy  on  Tracey.  By  fleshing  out  her  background  and  earlier  relationship   with  her  first  husband  John  Pitman,  he  began  to  develop  a  profile  of  a  woman  who  in  theory  could  pull   the  trigger  on  a  friend.  She  was  a  gun  owner,  as  was  Michael,  and  Pitman  claimed  she  had  brandished  a   gun  at  him  in  a  family  argument.  But  was  that  the  whole  truth  of  that  incident?  Was  Roberts  here  doing   exactly  what  county  prosecutor  Smith  would  later  claim  Tracey  was  doing  in  setting  up  the  murder   plot—was  Roberts  simply  taking  a  situation  out  of  context  in  order  to  make  himself  look  good  in  a  child   support  dispute?  But  Vileta  was  on  the  trail  of  something  and  continued  digging  through  her  past  until   he  could  theorize  with  confidence  that  her  past  behavior  proved  she  could  murder  Dustin  in  cold  blood.     But  why  would  Vileta  so  easily  dismiss  a  proven  scientific  conclusion  in  favor  of  flimsy  circumstantial   evidence  against  the  victim?  It  must  have  been  something  he  found  in  her  background  because  he  called   her  a  con  from  way  back.  She  had  never  struck  anyone.  But  what  about  Dustin’s,  documented  and   erratic  and  violent  behaviour?  (see  document  here)  What  about  Michael’s  physically  abusive   relationshiop  with  his  kids  and  his  own  wife?  By  the  standards  Vileta  had  set  up  anyone  of  these  were   capable  of  pulling  the  trigger.  But  Vileta  was  on  a  mission.  Those  facts  didn’t  enter  into  his  equation.   Vileta  showed  a  distinct  pattern  in  the  investigation  of  discounting  any  evidence  that  didn’t  fit  into  his   theory.  Take  Mona  Wehde’s  sworn  statement  in  2002,  her  adamant  assertion  she  had  been   manipulated  in  a  love  affair  by  a  local  con  man  and  Mafia  thug  in  order  to  gain  her  confidence,  access  to   her  house,  her  phone,  and  her  real  estate  office,  where  she  had  a  key  to  the  Robert’s  home  because  of   her  real  estate  business.  Despite  a  promise  to  marry  Mona  and  run  away  from  his  wife,  the  man,  Jeremy   Collins,  disappeared  days  after  the  murder.  He  paid  off  his  car,  his  house,  quit  his  job,  and  he  and  his   wife  moved  away.  Mona  never  saw  him  again.  Heartbroken  by  the  loss  of  her  child  and  now  duplicity  of   her  illicit  lover,  she  was  mortified  she  might  have  been  unwittingly  involved  in  the  murder  plot  of  her   own  son.  She  said  as  much  in  a  sworn  deposition  to  the  police  in  February  2002.  Mona  went  on  to  say   that  she  knew  Jeremy  was  involved  in  a  range  of  illegal  activities—money  laundering,  drug  dealing,   murder  for  hire,  and  more.  Jeremy  had  even  spoken  to  her  son,  according  to  phone  records,  calling  her   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 214. house  when  she  couldn’t  have  been  home,  and  only  Dustin  had  been.  Could  this  have  been  the   “mysterious  man”  Dustin’s  notebook  referred  to?     Duty  bound  to  follow  up  on  such  an  auspicious  lead,  Special  Agent  Vileta  took  a  plane  ride  to  Germany   to  interview  Jeremy  Collins.  While  he  did  file  a  report,  it  only  consisted  of  the  fact  that  he  asked  Collins   four  questions.  The  alibi  Collins  gave  if  followed  up  by  Vileta  would  have  proven  false  and  only  a  single   sheet  of  paper  even  showed  the  interview  had  taken  place.    No  need.  Collin’s  didn’t  fit  into  Viletas   theory  of  why  Tracey  shot  Dustin.           It’s  impossible  to  pinpoint  what  exactly  caused  Vileta  or  when  he  crossed  over  the  line  from  neutral   servant  of  the  law  to  a  biased  investigator,  intent  on  proving  the  guilt  of  Tracey  Richter.  But  the  fact  he   did  came  from  his  own  admission  to  his  boss  in  an  e-­‐mail  where  he  reported  that  he  was  “having  trouble   appearing  to  be  neutral.”  He  was  now  a  biased  investigator,  and  he  wanted  Tracey  Richter  indicted  for   murder,  and  in  order  to  do  that  he  had  to  fake  it.  He  had  to  keep  his  bias  to  himself;  he  had  to  appear  to   be  objectively  examining  the  evidence  as  it  came  to  him.  Because  that’s  what  the  law  required  of  him;   because  that’s  what  servants  of  the  law  are  sworn  to  do.     His  only  problem  was  his  boss,  Sac  County  Attorney,    Earl  Hardisty.  He  had  refused  to  indict  anyone  for   the  charges  simply  because  the  evidence  as  he  saw  it  was  flimsy.  The  crime  scene  had  been  too   contaminated  by  emergency  responders  and  police.  Then  there  was  the  issue  of  the  crime  scene  itself   undergoing  a  cleaning  by  city  employees  and  then  released  to  Michael  Roberts  within  24  hours.  Shortly   after  taking  the  house  back  over,  Roberts  found  a  shell  casing  the  CSI  investigators  had  missed  and   brought  it  to  the  police.  Within  days  weeks  Roberts  fails  a  polygraph  and  becomes  the  prime  suspect.  The   fact  that  Michael  had  failed  a  police  polygraph  was  an  obstacle  that  none  of  the  investigators  could  get   around  in  pursuing  suspects  in  the  case.  In  the  original  investigative  reports  compiled  by  Sac  County   Sheriff’s  Investigator    in  2002  tell  Michael  Roberts  he’s  convinced  the  man  knows  more  about  the  crime   than  he’s  saying.  Michael  immediately  ended  the  conversation.     Michael’s  refusal  to  cooperate  and  the  deceptive  results  from  the  polygraph  combined  with  the  shoddy   police  work  on  the  crime  scene  convinced  the  veteran  prosecutor  Hardisty  that  charges  against  Roberts   wouldn’t  hold  up  in  court.  But  none  of  this  stymied  Special  Agent  Vileta.  He  had  a  theory  to  prove,  and   he  was  determined  to  explain  the  truth  as  he  saw  it.     Examining  the  crime  scene  nearly  eight  years  after  the  fact,  after  all  the  forensic  evidence  had  been   wiped  clean  and  long  ago  disappeared;  Vileta  determined  that  innocent  Dustin  must  have  been  lured  to   his  death.  The  trajectories  of  the  bullets  proved  beyond  a  doubt,  Tracey  had  casually  stood  by  the  side   of  the  bed  and  fired  away  at  a  young  man  who  could  not  have  been  attacking  her.  This  was  a  conclusion   no  other  Sac  County  officer  had  been  able  to  come  to,  but  Special  Agent  Vileta  could  and  did.  With  the   crime  scene  evidence  along  with  his  profile  on  Tracey  and  his  explanation  of  Michael’s  failed  polygraph,   he  now  had  his  proof.  But  what  Vileta  didn’t  have  was  a  cooperative  prosecutor  who  would  see  things   his  way.  Not  until  January  1,  2011  when  the  new  man  moved  into  the  county  prosecutor’s  office,  one   Ben  Smith.     The  Notebook     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 215. What  seemed  like  a  mysterious  clue  with  unknown  relevance  to  the  previous  investigators,  to  Ben   Smith,  the  new  DA,  it  was  the  prized  last  piece  of  a  complicated  puzzle,  one  he  had  been  searching  for   since  he  first  heard  of  the  case.  Ben  had  a  meticulous  way  about  his  drive  for  justice,  and  he  combed   through  the  old  case  files  and  found  that  one  piece  of  evidence  that  he  claimed  investigators  had  never   disclosed  existed—a  pink  notebook—a  clue  police  didn’t  intend  to  announce  until  they  understood  its   relevance.  It  belonged  to  Dustin  and  it  was  found  in  the  front  seat  of  his  car  parked  outside  Tracey’s   house.  It  was  a  journal  of  sorts  in  Dustin’s  handwriting,  one  of  three  notebooks  found  that  mentioned   the  name  Pitman  Among  other  entries  were  cryptic  references  to  Tracey’s  child  custody  struggles  with   her  first  husband,  Chicago  physician,  John  Pitman.  There  was  also  a  reference  to  a  “mysterious  man”   who  had  contacted  him  about  killing  Tracey.  Smith  knew  the  notebook  was  top  secret  and  so  one  night   when  he  was  at  dinner  at  his  girlfriend’s  house,  he  mentioned  to  Mary  Higgins,  his  girlfriend’s  mother,   that  there  “was  more  to  the  Tracey  Richter  shootings  than  most  people  know  about.”  When  Mary   replied,  “Oh,  you  mean  that  stupid  notebook,”  it  was  then  Smith  experienced  a  moment  of  epiphany   worthy  of  Sherlock  Holmes.  It  doesn’t  at  all  defy  imagination  to  assume  that  evening  and  on  subsequent   times,  the  new  prosecutor  Ben  Smith  and  his  former  campaign  worker,  Mary  Higgins,  discussed  at   length  their  concerns  about  the  guilt  or  innocence  of  Tracey  Richter.    But  what  about  that  night  at   dinner?  At  the  very  least  they  discussed  how  he  had  just  connected  the  dots  in  the  murder  case  he   intended  to  file  against  Tracey.     The  connection  Smith  said  he  made  that  night  at  Mary’s  home  was  that  Tracey  could  not  have  known   about  the  notebook  and  its  contents  unless  she  had  fed  Dustin  the  incriminating  information  about  John   Pitman  herself.  Tracey  must  also  have  wanted  the  notebook  to  be  discovered,  and  somehow  made  sure   Dustin  carried  it  around  in  his  car.  From  there  he  concluded  that  all  of  the  physical  evidence  in  the  case   was  a  lie  created  by  Tracey  to  cover  up  the  real  facts:  at  the  time  of  the  break  in  Tracey  was  in  the  midst   of  a  nasty  child  custody  dispute  with  John  Pitman.  Smith  theorized  that  she  had  planted  the  information   about  Pitman  to  pin  the  break  in  on  him.  And  in  order  to  complete  her  monstrous  scheme,  she  lured   Dustin  to  the  house  that  night,  then  upstairs  into  her  bedroom,  and  then  shot  him  down  in  cold  blood,   then  injured  her  own  neck  with  a  pair  of  pantyhose,  made  up  the  story  about  the  second  intruder,   coached  her  young  sons  (Bert  and  Noah)  in  what  to  say  happened,  and  then  called  911.     But  what  if  Smith  didn’t  mention  outright  that  he  thought  Tracey  was  guilty  of  first  degree  murder.   What  if  had  merely  implied  that  she  had  done  it?  Do  words  have  to  be  spoken  in  order  for  a  servant  of   the  law  to  communicate  an  opinion  of  guilt  or  innocence?  Every  law  school  student  knows  that   prosecutors  are  bound  by  the  highest  ethical  standards  to  assure  every  defendant  receives  a  fair  trial.   That’s  there  sworn  duty.  That’s  how  our  justice  system  works.  And  therefore  they  are  duty  bound  not  to   prejudice  a  witness  or  a  jury  by  communicating  an  opinion  about  the  guilt  or  innocence  of  a  defendant.   Courts  recognize  the  power  of  prosecutor’s  facial  expressions  and  body  language  to  unfairly  influence  a   jury,  and  when  it  is  done,  intentionally  or  unintentionally,  they  consider  it  prosecutorial  misconduct.   Mary  said  in  an  interview  with  Dateline  that  Ben  went  white  at  the  moment  of  recognition  of  Mary’s   knowledge  of  the  pink  notebook.  She  knew  what  was  going  through  Ben’s  mind.  Why  would  she   remember  the  incident  so  vividly  if  she  didn’t  think  Ben  was  convinced  Tracey  had  committed  murder   and  not  an  act  of  self-­‐defense?  This  is  a  reasonable  assumption;  one  that  is  only  amplified  by  Mary’s   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 216. other  statements  regarding  the  meaning  of  the  multiple  identities  of  Tracey  Richter.  We  don’t  know   exactly  when  Mary  cobbled  together  the  other  disparate  details  she  knew  regarding  Tracey  Richter,  and   turned  her  friend  of  many  years  into  a  murderess  in  her  mind,  but  it’s  fair  to  say  it  happened  about  or   shortly  after  that  dinner  with  Ben  Smith.    If  not  why  would  that  night  be  so  central  to  the  memory  of   both  of  them?     The  question  that  begs  to  be  asked  is  would  the  murder  trial  of  Tracey  Richter  have  had  a  different   outcome  if  the  key  prosecutor’s  witness  had  not  been  unfairly  prejudiced  and  unduly  influenced?  It’s   not  unreasonable  to  doubt  that  with  this  kind  of  behind  the  scenes  influencing  of  one  witness,  it  would   become  impossible  for  Tracey  to  get  a  fair  trial  in  the  small  counties  surrounding  Early,  Iowa.     The  prosecution’s  case  turned  on  two  key  witnesses.  First,  was  Mary  Higgins.  Mary,  as  we  will  see  later,   from  the  beginning  had  an  insatiable  interest  in  digging  into  Tracey  Richter’s  life.  Second,  was  Burt   Pittman,  who  was  only  11  at  the  time  of  the  crime,  but  ten  years  later  he  was  even  more  adamant  about   his  memories  of  that  evening.  The  trial  hinged  on  who  the  jury  would  believe,  a  town  busy-­‐body  and   friend  of  the  prosecutor,  or  the  only  eye-­‐witness  to  the  gruesome  event  other  than  the  victim  herself.                           But  if  Smith  was  going  to  convince  a  jury  of  his  theory  he’d  need  to  impugn  the  eye  witness  testimony  of   Burt.    At  trial  he  would  have  to  convince  a  jury  Tracey’s  son  had  never  seen  what  he  said  he  saw  or   heard  what  he  said  he  heard.  And  he  would  have  to  convince  the  jury  of  Mary  Higgins  credibility.  She   became  his  star  witness.  Even  though  she  was  a  longtime  friend  of  Tracey,  she  was  also  someone  with   her  ear  to  ground  in  Early  who  seemed  to  have  at  her  disposal  so  many  details  about  Tracey  Richter’s   life.  Details  she  was  more  than  willing  to  pass  along  to  Ben  Smith.  And  Ben  Smith  never  fulfilled  his  duty   to  the  public  by  disclosing  to  the  defense  his  full  and  true  relationship  with  Mary  Higgins.  It  wasn’t  until   after  Mary  was  deposed  by  the  defense  counsel  that  their  prior  relations  came  to  light.  When   questioned  by  the  judge,  Ben  Smith  assured  him  he  was  merely  an  acquaintance  of  Mary’s,  and  his  real   friend  was  her  husband.  But  if  that’s  the  case,  why  didn’t  Smith  disclose  all  of  this  beforehand.  He  had   an  ethical  duty  to  do  so.  Was  this  ethical  lapse  on  Ben  Smith’s  part  intentional?  Or  is  it  just  part  of  a   larger  pattern  of  deception?   Was  Mary  Higgins  a  Reliable  Witness?                                                             Photo  Caption  Star  witness  Mary  Higgins  of  Early  Iowa  seems  to  contemplate  her  facial  expression  before  glancing  over  to  her  self   proclaimed  ‘Best  Friend’,  Tracey  Richter.   Mary  Higgins’s  testimony  helped  send  Tracey  Richter  to  jail  for  life.  So  it’s  fair  to  ask,  was  she  an   impartial  witness?  Or  did  her  prior  relationship  with  Sac  County  Prosecutor  Ben  Smith  color  her  sense  of   the  truth?  She  worked  for  him  during  his  election  campaign.  Smith  ate  at  her  house,  dated  her  daughter,   and  Mary  became  becomes  a  source  of  information.  Later  she  told  Ben  Smith  that  Tracey  had  told  her   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 217. the  second  intruder  wore  a  ski  mask.  But  Tracey  had  provided  a  description  of  the  second  intruder.  Mary   said  that  made  her  wonder  if  Tracey  was  just  making  everything  up.  But  who  was  making  things  up?  In  a   police  report  June  21,  2011,  Cross  Roads  Café  owner,  Robyn  Padgett  tells  a  different  story  about  Mary   Higgins,  one  going  back  to  shortly  after  the  shooting.  Robyn  helped  Mona  Wehde  clean  out  Dustin’s   room  shortly  after  his  death.  In  his  room  they  found  a  black  notebook,  which  had  cryptic,  written  in   some  type  of  “coded  writing.”  Mona  turned  it  over  to  Lt.  Cessford  later  in  the  week.  Mona  and  Robyn   both  knew  about  a  notebook,  a  black  one  In  an  interview  with  Sheriff  McClure  in  June  of  2011,  Robyn   reported  telling  Mary  Higgins  about  the  notebook.  So  now  Mary  Higgins  knew  about  the  notebook,  not   necessarily  from  Tracey,  but  from  a  completely  different  source  and  that  this  notebook  also  referenced   Pitman.   Further,  Robyn  stated  that  she  spoke  often  to  Mary  who  was  always  trying  to  get  Robyn  to  befriend   Tracey  Richter.  According  to  the  report,  “Padgett  always  felt  that  Higgins  was  trying  to  get  information   from  Padgett.  And  also  said  Mary  Higgins  is  the  one  who  told  her  about  the  ski-­‐mask.”  Later  in  the  same   report,  McClure  notes  that  Padgett  is  mentioned  in  an  e-­‐mail  he  received  from  Tracey  in  March  2005   where  she  mentioned  the  notebook  that  was  found  in  Dustin’s  bedroom.  Robyn  also  reported  that  she   and  Mary  talked  so  much  that  she  had  taken  pages  of  notes  from  their  conversations.  It  would  be   consistent  with  Mary’s  personality  that  if  she  knew  about  a  pink  notebook,  it  would  have  come  up  in  her   any  of  her  numerous  conversations.  But  Mary  never  mentioned  she  knew  anything  about  a  pink   notebook.     So  what  did  Mary  know?  And  what  did  she  make  up?  And  what  did  she  tell  Ben  Smith?               There’s  a  question  if  she  even  told  the  truth  on  the  stand.  It’s  common  knowledge  that  Mary  Higgins   worked  on  Ben  Smith’s  election  campaign,  and  that  Ben  openly  dated  Abigail,  Mary’s  daughter  during   the  time  between  his  swearing  in  January  2011  and  Tracey’s  arrest  in  mid-­‐July.  He  admits  he  was  at  her   house  the  night  of  his  insight  into  the  case,  and  Mary’s  admission  regarding  the  pink  notebook.  She   knew  about  the  notebook  from  her  friend  Robyn  Padgett.  But  in  court  she  said  Tracey  had  told  her   everything.  Mary  had  talked  to  her  friend  Robyn  at  great  length  about  every  aspect  of  the  case  that   Robyn  filled  a  notebook  full  of  notes.  She  went  to  great  lengths  to  prompt  Robyn  Padgett  to  befriend   Tracey.  Why  did  she  have  to  do  this  if  she  and  Tracey  were  best  friends?  Why  did  she  have  this   insatiable  thirst  for  information  about  Tracey?  What  was  her  motivation  in  prying  into  Tracey’s  life?   We’ll  never  know,  but  what  we  do  know  is  that  Mary  never  told  the  entire  truth  under  oath.  Tracey   claimed  she  never  told  anyone  about  a  pink  notebook,  because  she  wasn’t  aware  of  its  existence.  And   Mary  claimed  Tracey  told  her  about  it,  all  along  she’d  learned  about  it  from  Robyn  Padgett.         Who  had  the  most  to  gain  from  killing  Dustin?     Ben  Smith’s  argument  for  prosecuting  Tracey  for  first  degree  murder  rested  on  a  couple  of  premises.       •Tracey  was  in  a  battle  over  child  support  for  her  son  Burt.  John  Pitman  wanted  to  cut  off  the  $1000  a   month  she  was  receiving.     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 218.   •To  do  this  she  wanted  to  frame  John  Pitman  for  attempted  murder  and  to  keep  her  plans  secret  she   killed.       Yet,  the  facts  remain  that  Michael  Roberts  made  a  secret  deal  with  Mona  Wehde,  a  real  estate  agent,  to   sell  all  of  their  maritial  properties  without  Tracey’s  knowledge.  He  met  secretly  with  her  to  discuss  the   deal  just  prior  to  the  shooting  of  Dustin.  Michael  was  planning  a  move  away  from  the  area,  and  he’d   bring  Tracey  up  to  speed  on  it  later.  That’s  what  he  told  Mona.       •With  Tracey  out  of  the  way,  he  would  become  sole  owner  of  their  home  Xellex  and  Mile2  a  businesses   which  recently  did  $2  million  dollars  in  new  sales.     •With  Tracey  out  of  the  way  Michael  would  own  all  of  their  property  and  could  move  the  kids  where  he   wanted  to.    With  Tracey  out  of  the  way  Michael  would  be  the  majority  shareholder  of  Mile2,  even  after   he  provided  Ray  Friedman  the  equity  he  had  previously  promised  him.   •With  Tracey  out  of  the  way  he  could  marry  another  woman,  which  he  did  even  before  his  divorce  was   final.     But  Special  Agent  Vileta  didn’t  see  any  connections  or  any  reason  to  suspect  Michael  Roberts  because   he’d  made  up  his  mind  about  Tracey’s  guilt  and  he  had  no  intention  of  backing  down.     Was  Justice  Upheld?     The  duty  of  a  public  prosecutor  is  to  uphold  justice  by  seeing  that  the  law  is  applied  fairly.  The  typical   mindset  that’s  attributed  to  attorneys  is  that  they  are  out  to  win  their  case  at  any  cost.  Public  defenders,   on  the  other  hand,  are  held  to  a  higher  standard.  They  have  a  duty  to  avoid  conflict  of  interests  in  their   relationships  with  witnesses.  They  have  a  duty  to  disclose  any  facts  or  evidence  material  to  the  case,   even  if  it  tends  to  exonerate  the  accused.  Under  no  circumstances  are  they  to  threaten,  badger,  or   tamper  with  witnesses  by  contaminating  them  with  their  own  opinion  as  to  the  guilt  of  the  accused.   They  are  not  to  present  false  or  misleading  evidence;  or  to  use  unreliable  or  untruthful  witnesses  and   snitches.     Ben  Smith  got  Mary  to  testify  about  the  pink  notebook,  the  secret  piece  of  evidence  that  no  one  could   possibly  know  about.  But  documents  prove  Mary  Higgins,  Robyn  Padgett  and  Mona  Wehde  knew  about   such  a  notebook  with  cryptic  writing,  even  prior  to  the  2004  civil  trial  in  which  Mona  Wehde  sued  Tracey   Richter  and  the  crime  scene  photos  and  other  evidence  became  a  part  of  the  public  record.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 219.   Photo  Caption  –  In  2004,  7  years  prior  to  the  Tracey  Richter  murder  trial  the  crime  scene  photo  showing  the  Pink  Notebook  had  been  in  the   public  domain.  Multiple  notebooks  with  Dustin’s  writing  and  the  name  Pitman  had  been  in  the  possession  of  Sac  County  Police.   Smith’s  theory  was  that  the  only  one  who  could  know  about  the  contents  of  that  book  was  Tracey   because  it  contained  details  about  the  relationship  between  her  and  John  Pitman.  Yet,  Michael  Roberts   admitted  speaking  to  Dustin  Wehde  about  John  Pitman  and  “not  painting  a  very  pretty  picture”  of   Pitman  Dustin  was  being  mentored  by  Michael  and  was  in  and  out  of  their  house  on  many  occasions.   Michael  was  so  enraged  over  Tracey’s  struggles  with  her  ex  over  their  step-­‐son  that  he  admits  to  in   “Twisted”  to  personally  wanting  to  kill  John  Pitman  and  another  person  from  Illinois.  What  if  Dustin   overheard  a  conversation?  Tracey  discussed  these  details  in  the  family  constantly.  Michael  even   threatened  John  Pitman  on  the  phone  that  he  had  ‘deep  pockets’  and  that  he  would  lose  the  child   custody  fight  over  his  step-­‐son,  Bert.  In  Lt.  Cessford’s  report,  the  night  of  the  break  in  when  Tracey  was   in  the  hospital,  Michael  called  the  hospital  and  the  Lieutenant  took  the  call.  He  asked  the  deputy  to   watch  out  for  a  car  with  an  Illinois  license  plate,  that  the  man  was  dangerous;  referring  to  the  very  men   Michael  said  he  wanted  to  kill  from  Chicago.  Why  would  Michael  make  those  statements  if  he  didn’t   know  the  whole  story  about  Tracey  and  Pitman’s  struggle  over  custody  and  child  support?       But  a  more  troubling  aspect  of  Ben  Smith’s  ethical  standards  is  his  relationship  with  Michael  Roberts?   After  he  was  elected,  he  served  as  a  character  witness  for  Michael  Roberts  in  his  efforts  to  get  full   custody  of  his  children.  This  is  not  only  a  conflict  of  interest,  but  Smith  went  one  step  further  to  assure   and  made  sure  Michael  Roberts  remained  in  the  Victims  Witness  Protections  program  so  that  he  could   not  be  subpoenaed  to  testify  in  the  Tracey  Richter  trial,  nor  be  reported  for  the  on-­‐going  child  abuse  of   Noah  and  Mason  Roberts.      Why  Witness  Protection  for  Roberts?     It’s  common  knowledge  that  witnesses  under  oath  in  a  courtroom  shouldn’t  not  lie.  But  what’s  more   egregious  is  when  the  county  prosecutor  participates  in  that  lie.  One  of  the  forms  of  prosecutorial   misconduct  is  the  presentation  of  false  testimony  or  evidence.  This  is  an  absolute  prohibition  according   to  the  Supreme  Court:  “The  prosecution  cannot  present  evidence  it  knows  is  false  and  must  immediately   correct  any  falsity  of  which  it  is  aware  even  if  the  false  evidence  was  not  intentionally  submitted.”   Presenting  false  evidence  to  the  jury  harms  the  defendant’s  right  to  a  fair  trial  by  lying  to  the  jury  about   the  evidence.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 220. So  how  did  Ben  Smith  commit  prosecutorial  misconduct?  By  allowing  a  prosecution  witnesses  to   knowingly  lie,  and  to  make  sure  his  testimony  could  not  be  impugned,  hid  Michael  Roberts  away  in  the   victims  witness  protection  program.  Using  this  strategy  Ray  Friedman  allegedly  could  tell  his  lies  about   Michael  Roberts’  alibi  the  night  of  the  shooting  and  not  be  questioned  by  the  defense’s  cross   examination  of  Roberts.  Authors  Note:  It  is  outside  the  scope  of  this  article  but  based  on  information  and   belief,  Part  2  will  detail  how  Michael  Roberts  and  key  prosecution  witnesses  shared  in  several  million   dollars  in  business  revenue  and  were  helped  by  Sac  County  Prosecutor  Ben  Smith  in  advance  of  the   Tracey  Richter  trial.   Ray  Friedman  Lies  to  Cover  for  Roberts?    Shortly  after  the  shooting,  Ray  and  Marie  had  been  interviewed  by  the  police  in  2001,  and  his  testimony   would  have  favored  the  defense.  The  police  uncovered  that  Ray  Friedman  was  paid  $25,000  by  Michael   Roberts  shortly  after  the  shooting,  supposedly  for  his  work  done  for  Robert’s  Internet  security  company,   which  eventually  evolved  into  a  company  called  Mile2.     Photo  Caption  :  Marie  Friedman  who  was  gave  both  a  police  interview  prior  to  when  her  husband  was  paid  $25,000  by  Michael  Roberts  or   became  the  CEO  of  Michael  Roberts  founded  company  Mile2,  recants  her    he  previous  statements  to  police  which  would  have  supported  Tracey   Richter.     It  is  alleged  that  the  Friedman’s  knowingly  lied  on  the  witness  stand  as  to  how  he  recollected  events   leading  up  to  being  paid  a  fee  by  Roberts,  compared  to  what  he  told  police  in  interviews  back  in  2001.     At  Tracey’s  trial  Ray  Friedman  said  he  was  paid  the  $25,000  for  work  done  at  Robert’s  firm,  and  that  he   no  longer  worked  for  Michael  Roberts.  Now  he  was  self-­‐employed  and  performed  financial  audits.  In   fact  Ray  Friedman’s  testimony  was  that  “I  left  and  got  a  better  paying  job  and  it’s  been  the  same  since  I   left,”  He  then  estimated  he’d  been  on  his  new  job  for  3-­‐4  years,  which  at  the  time  of  a  murder  trial   would  be  in  2007.   Ray  Friedman  has  been  the  Chief  Executive  Officer  of  Mile2  since  2007.    So  who  owns  Mile2?  According   to  the  records  Michael  Roberts  founded  Mile2  in  2001.  The  very  same  year  of  the  shooting.  At  the  time   Ray  and  Marie  Friedman  testified  he  knowingly  lied  claiming  he  was  a  self-­‐employed  auditor  he  was  in   fact  an  officer  of  Mile2,  which  makes  him  an  employee  /  business  partner  of  Michael  Roberts.       E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 221.   Watch  Raymond  Friedman  testimony  here  -­‐   http://www.youtube.com/watch?v=E0sCq4l9Hs8&feature=relmfu   Further,  Michael  Roberts  used  Mile2  in  2004  to  transfer  marital  assets  to  Malaysia,  hiding  them  from  his   wife,  Tracey.  Mile2  is  also  the  entity  which  provided  Michael  Roberts  a  letter  of  employment  and   fraudulent  W-­‐2’s  for  Roberts  to  purchase  a  home  for  his  then  fiancée,  and  the  realtor  on  the  transaction   was  Janet  Christenson,  Ray  Friedman’s  mother.     More  alarming  is  that  Mile2  solicits  business  for  its  Penetration  Testing  or  Red  Teaming  and  those   government  agencies:    U.S.  Airforce,  U.S.  Marines,  U.S.  Army  and  Federal  Aviation  Administration  (see   documents  here)  are  used  to  solicit  business  recognizing,  Mile2  as  the  best  in  what  layman’s  terms   would  be  called  ‘hacking’.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 222.   Photo  Caption  –  Michael  Roberts  soliciting  business  by  showing  a  letter  of  recommendation  by  the   Federal  Aviation  Administration,  to  his  Mile2  email  roberts06@mile2.com.  The  letter  states  Mile2  has   hands-­‐on-­‐experience  with  attack  tools  daily  and  they  claim  to  handle  penetration  and  red  teaming   training  for  the  ‘red  teams’  of  the  military.       More  Tampering     Eight  months  prior  to  the  murder  trial  both  Fox  News  and  consumer  advocacy  website  Ripoff  Report   reported  on  a  hacking  code  allegedly  used  by  Michael  Roberts  and  called  his  use  of  it  criminal.  I   personally  wrote  a  detailed  expose  that  explained  how  Michael  Roberts  used  this  hacking  code  to  cover   for  a  wealthy  client  physician  who  was  responsible  for  covering  up  the  death  of  a  patient.   I  supplied  Prosecutor  Ben  Smith  documentation  of  how  Michael  Roberts  had  tampered  with  the  jury  for   the  murder  trial  via  the  Internet.  I  even  provided  Attorney  Smith  with  evidence  of  an  alleged  juror  who   went  onto  the  Internet,  and  was  tampered  with  in  the  manner  I  detailed,  and  claimed  they  convicted   Tracey  Richter  solely  on  what  they  read  online,  not  the  evidence  presented  at  trial.   Within  48  hours  of  the  time  I  submitted  this  evidence  to  Ben  Smith;  he  sent  all  of  it  directly  to  Michael   Roberts  rather  than  investigate  the  allegations.  Sources  have  confirmed  that  after  Ben  Smith  relaying   this  information  Michael  Roberts  created  a  ghost  of  his  hard-­‐drive  and  also  reinstalled  his  operating   system.      Conflict  of  Interests     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 223. Ben  Smith  had  a  conflict  of  interest  with  his  star  witness,  and  failed  to  fully  disclose  all  aspects  of  that   relationship  to  the  Judge.  Smith  also  had  a  conflict  of  interest  in  befriending  and  supporting  Michael  in   his  quest  to  gain  full  custody  of  his  children.  He  did  it  despite  knowing  Michael  was  a  child  abuser   according  to  the  Iowa  Children’s  Protective  Services  finding.       Justice  =  Just  Us   There  was  no  presumption  of  innocence  on  the  part  of  Special  Agent  Vileta.  He  made  up  his  mind  early   on  that  Tracey  was  a  con,  and  he  ignored  all  of  the  evidence  in  front  of  him  that  Michael  had  a  history  of   domestic  and  child  abuse,  and  had  already  implicated  himself  with  his  failed  polygraph  test.  Instead  he   focused  on  an  argument  Tracey  had  with  John  Pitman  and  other  events  in  her  past  that  in  his  mind   made  her  a  dishonest  fraud.  Vileta  no  doubt  talked  in  this  manner  to  the  new  county  prosecutor  and   Ben  caught  the  bug  of  biased  opinion.  And  this  rigid  view  of  Tracey  took  root  early  on  in  Ben  Smith’s   mind  and  it  came  out  in  his  conversation  with  Mary  Higgins.  From  his  reaction  to  Mary’s  admission  she   knew  about  a  notebook,  it  was  evident  he’d  lost  his  perspective  on  Tracey’s  possible  innocence,  and   could  not  presume  any  longer  that  she  could  be  innocent.    And  did  Tracey  get  a  fair  trial  when  the   prosecution  put  an  alleged  liar  and  town  gossip  on  the  stand,  Mary  Higgins.  She  lied  about  who  she   heard  about  the  notebook  from,  and  her  lie  overshadowed  the  eye-­‐witness  account  of  a  frightened   eleven  year  old.  Because  that’s  how  Ben  Smith  impugned  the  testimony  of  a  21-­‐year-­‐old  Ben  Bert   Pitman,  by  taking  his  testimony  as  a  frightened  kid  ten  years  before  and  compared  it  line  for  line,  and   parsing  words  and  making  him  out  to  be  a  liar  by  saying  he  didn’t  hear  what  he  heard  when  he  said  his   mother  was  attacked  and  nearly  strangled  to  death.  The  other  eye  witness  (Noah  Roberts)  forced  to  live   with  his  abusive  father,  ironically  placed  in  witness  protection  along  with  his  sister  Mason  with  the  very   person  they  needed  protection  from  their  father.  Strategically  is  was  a  brilliant  move  for  the  young   prosecutor  because  witness  protection  removed  the  other  eye-­‐witness  to  the  attack  and  made  it   impossible  for  Michael  to  be  served.  The  hacking  code  which  allows  jury  tampering  was  utilized  in  this   trial,  but  how  many  others?  Is  this  the  very  reason  for  the  Prosecutors  Office  to  have  allowed  all  of  this   to  happen?  The  hacking  scandal  continues  to  rock  the  U.K.,  but  many  of  the  same  players  are  allegedly   involved  with  Mile2  and  Michael  Roberts.  And  all  this  injustice  has  rolled  down  on  the  shoulders  of   Tracey  Richter,  and  she  sits  in  cement  cell,  behind  bars,  for  the  rest  of  her  life  for  something  she  didn’t   do.           Author’s  Note:  In  this  lucid  discussion  we  examine  significant  revelations  of  systemic  wrongdoing  in  Sac   County  and  Iowa  Division  of  Criminal  Investigation.  Perhaps  the  culture  of  Iowa  is  different  from  that  of   other  states  in  that  denial  of  the  truth  is  deeply  woven  into  its  ethos.  I  was  ignored  when  I  called   informational  /  tip-­‐lines  in  February  2011  over  a  repeating  pattern  of  another  young  man;  manipulated   mentally  and  sexually  mentored  by  Michael  Roberts  agreeing  to  murder  to  protect  Roberts.  I  even  have   the  murder  planning  session  on  audio.  After  Richter’s  arrest  in  July,  I  was  threatened  with  arrest  if  I  set   foot  in  Iowa  (site  of  the  murder  trial).  I  asked  Sac  County  Attorney  Ben  Smith  if  the  threats  were  true,   and  that  I  felt  intimidated  since  Robert’s  claimed  he  was  in  collusion  with  Smith,  the  Sheriff,  and  the   Iowa  Division  of  Criminal  Investigation.  Smith,  refused  to  respond  to  all  my  allegations  even  though  I   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 224. asked  him  several  times  via  email.  He  did  state  he  ordered  a  report  of  all  phone  calls  received,  claiming   no  such  phone  /  tip-­‐line  existed,  although  I  have  computer  forensics  to  show  that  it  did.  This  cast  of   characters  has  nothing  to  do  with  protecting  the  public,  and  every  dramatic  twist  written  above  is  true.   My  goal:  “To  make  readers  with  power  engage  more  deeply  in  the  dilemmas  of  people  without  power.”   If  you  are  a  victim,  please  write  to  me  we  may  investigate  your  story.   Http://cyberbountyhuntersblog.com     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 225. From:   Darren Mitchell <darrenmitchellm@gmail.com> Sent time:   09/10/2012 09:35:22 PM To:   Ripoff Report <editor@ripoffreport.com>; justin@ripoffreport.com; westerned@aol.com Subject:   Urgent ­ Darren Meade Calling :) Attachments:   Mona Wehde illicit lover tells her five people were involved in her sons Dustins death.pdf     Ray Friedman CEO Mile2 believed the attacker is a local would be Dustin Wehde.pdf     Mile2 Corporate Filings with Michael Ross Roberts.pdf     Mile2 AP being used to hide the maritial assets of Michael Roberts.pdf     Mile2 issues a fraudulent W­2 so that Janet Christenson could aid Michael Roberts in purchasing a home for his then pregnant fiancee Andrea Berger while still married to Tracey Richter.pdf     Review2.docx       Justin,   Thank you for your help.   Once you place your kids to sleep, can you kindly create the hotlinks to the pdf files attached and place them within the report?   I will list each attachment along with the page number and text it is located on the word document. The word document itself will have the area for the link to be placed with a ­­­­­­­­­­­­ highlight.   1.) ' Mona Wehde illicit lover tells her give people were involved in her sons Dustins death.pdf ' is to be hyperlinked on Page 10 in the text : "She even had a theory about the second intruder but no one ever took her seriously"   2.)  ' Mona Wehde illicit lover tells her give people were involved in her sons Dustins death.pdf ' is to be hyperlinked on Page 11 in the text : "Take Mona Wehde's sworn statement 2002, her adamant in a love affair by a local conman and Mafia thug in order to gain her confidence, access to her house, her phone, her real eastate office where she had a key to the Roberts home because of her real estate business. Despite a promise to marry Mona and run away from his wife, the man, Jeremy Collins, disappeared days after the murder."   3.) 'Ray Friedman CEO Mile2 believed the attacker is a local would be Dustin Wehde.pdf' is to be be hyperlinked on Page 18 in the text: "Ray and Marie Friedman had been interviewed by the police in 2001"   4.) 'Mile2 Corporate Filings with Michael Ross Roberts.pdf' is to be hyperlinked on Page 18 in the text: "According to records Michael Roberts founded Mile2 in 2001"   5.) 'Mile2 AP being used to hide maritial assets of Michael Roberts.pdf' is to be hyperlinked on Page 19 in the text: "Further Michael Roberts used Mile2 in 2004 to transfer maritial assets to Malaysia, hiding then from his wife, Tracey."   6.) 'Mile2 issues fraudulent W­2 so that Janet Christenson could aid Michael Roberts in purchasing a home for his then pregnant fiancee Andrea Berger while still married to Tracey Richter.pdf' on Page 19 is to be hyperlinked in the text: "and fraudulent W­2's for Roberts   Justin, again, thank you for your help. I truly hope what I have contained in this email makes sense, if you have any question my cell phone is (949) 357­6193   Cheers, Darren E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 3
  • 226. From:   Ripoff Report <EDitor@ripoffreport.com> Sent time:   07/11/2014 12:08:03 PM To:   EDitor@ripoffreport.com   I might be out of contact for a bit. Should be Hopefully on email later today ‐  emergency .Need to be home all day today and over the weekend working on other stuff with a orneys.  ED   Went to Joe D and other na onal producers I work with  ‐  this will let you know what is happening – they took something’s that are truth and mixed it in with a lot of other things.  email Adam if you cannot reach me – adam@ripoffreport.com Anything urgent email him and call Maria Speth our main attorney – 602‐248‐1000   ============================= The husband, Michael Roberts Rexxfield is the guy who hacked Ripoff Report for several years – all the hacks were un‐done, over 2,000 Reports effected where they collected hundreds of thousands of dollars ‐ ‐ once the hack was discovered, within 1 hour, all the Ripoff Reports went to the top of the search engines. Link to his extor on le er and asking for immunity is below.  This is all intertwined with so much, convoluted things from over the last 12 years.  Tracy is up on appeal – and the word is from her attorney and another outside attorney who I have paid to keep on the case. Tracy Richter is likely going to get out,  mostly because of the expose’  on Ripoff Report exposing lies about the Tracy Richter case, written by Darren Meade. Please see the links below.. Don’t believe any press release or the Sac County Prosecutors Warrant Applica on about me. This is more misconduct by a prosecutor trying to stop an innocent woman from ge ng freed which will expose what he did wrong, doing this for his good friend Michael Roberts Rexxfield, and now, the main goal is to shut down Ripoff Report, the only place they cannot get the nega ve informa on taken down,  like they have with info by others that have posted about the case making them look bad, all taken down except Ripoff Report.  So the Sac County Prosecutor has twisted this into a criminal case, doing all kinds of discovery he could not do in a civil case.   This has caused the prosecutor to go nuts and doing things unheard even more now to stop the following: 1. To try and stop the Tracy Richter appeal by taking the mothers computer who is compiling evidence , that is all gone now. ‐ see ar cle below  2. By taking all of Tracy Richter’s money in prison. She does not have a dime, no healthcare, no phone calls, etc.  – see ar cles below  3. Using the criminal law in Iowa to try shut me down. So, there is no first amendment in Iowa. Exposing a public servant is not allowed. – see link below. First – look at this short document ‐ ‐ you will see this HACK done to Ripoff Report talked about in the Sac County Prosecutors Warrant Application  – they talk about the HACK to Ripoff Report ‐ ‐ they blame it on this guy Darren Meade and others? Great spin on their part. See Link – the proof!  Michael Roberts Rexxfield is the one that did a empted extor on to my a orney, admi ng he did the HACK and  .. asking for immunity and $105,000 EURO  .. see these links. NOTE: this guy Darren Meade, do I trust everything he says or does, no way I could verify everything .. but, he has black and white proof, see the videos, read his Ripoff Reports. See below. This guy Michael Roberts Rexxfield, the guy Sac County Prosecutor is protec ng  ‐ ‐ The husband of Tracy Roberts who is in Prison for the murder of the intruder, protecting herself and her children .  – Its documents and proof like this  that Sac County Prosecutor Ben Smith  is hiding and does not men on in his Warrant Applica on , Ben Smith Prosecutor is using the law in Iowa to shut me up, trying to shut me down. E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 4
  • 227. h p://www.ripoffreport.com/lhc/common/files/MichaelRobertsRexxfieldA emptedExtor on.pdf     Look at the most recent ar cle in the Des Moines Register / Prosecutor Ben Smith is taking all her money, every dime! h p://www.desmoinesregister.com/search/Tracey%20Richter/  July 9, 2014 Sac County Prosecutor BEN SMITH raided the mothers home and took all her computers and backups she cannot help her daughter now with the appeal –  removing important evidence.  h p://www.press‐ci zen.com/story/news/crime‐and‐courts/2014/07/09/police‐search‐home‐of‐inmates‐mother/12417231/   Her husband is Michael Roberts – owner of Rexxfield. , aside from his full time job with others to try and destroy me and Ripoff Report.  These are the Reports Dateline producers need to read on Ripoff Report = Rexxfield.  This is one guys account (Darren Meade) of what went on, as he was partners with Michael Roberts trying to get him loans before Tracy was arrested 10 years later, a er she was cleared of any wrongdoing.  These ar cles house the videos on Ripoff Report, the evidence that was missed by an a orney who never had a criminal case. h p://www.ripoffreport.com/reports/specific_search/rexxfield   Darren M. Meade  ‐ contact info =  Direct: (949) 813‐4983  Visit me on LinkedIn   Visit me on Facebook  Best if you went to visit Darren in Hun ngton Beach California if the Iowa court did not take him away, to shut him up . his email address is dmeade@kairos‐meade.com and darrenmitchellm@gmail.com    ((Roberts might have hacked his email address I am told today)) On July 10, 2014  – there is this article with a  link to a summons filled with lies and twisted stories – most untrue. Its like they are wri ng for a fic on movie.  That is why it is important to see the see at the top of the page, the letter to my attorney asking for immunity – its one of many lies and distor ons the prosecutor told. Its like something for a movie deal..  h p://www.opednews.com/ar cles/Tiny‐Iowa‐County‐Takes‐on‐by‐Bennet‐Kelley‐Online‐Defama on‐140710‐674.html  Sac County Prosecutor BEN SMITH ‐ ‐ he is going to try and make a name for himself, with the help of Michael Roberts, the spin master..  Evidence shows he set his wife up.   http://www.opednews.com/articles/Tiny­Iowa­County­Takes­on­by­Bennet­Kelley­Online­Defamation­140710­674.html Allan – your continued coverage of what happened with the murder is the best chance to stop this corruption. , by reading those Ripoff Reports about Rexxfield, those Ripoff Reports will give you Darren Meads account of what he uncovered with Tracy’s mom. Darren is not the best writer, but he has been tenacious in trying to uncover what he can.  Can I attest that everything is true? No way. But, he uses black and white evidence in those videos. I have not read all the Reports, too much for me to read with all the email I have.  Allan – I have never lied or exaggerated anything to Dateline over the years, or to any other media outlet we continue to assist.  I have been sued more than 90 times, never lost a case when being sued. Over 4 million spent.  They get more creative every time. E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 228. Ripoff Report is used by every law enforcement agency around the world to help prosecute cases – not to mention, there is no news outlet Ripoff Report has not helped from around the USA and in many other countries to help expose bad business. The victims mostly all give their phone numbers as Dateline knows, because, most who post on Ripoff Report are real victims, ..in their eyes..  You can reach one of my attorneys if you cannot reach me..  Maria Speth – 602­248­1000 and Adam Kunz – 480­340­6487 602­518­4357 My Cell ­ ED NOTE: there is a Private Detective name John Brewington Paladin PI in Arizona – before you believe anything this man says, search the name Brewington on Ripoff Report  Ask my a orneys about him h p://www.ripoffreport.com/reports/specific_search/brewington  ED Magedson ­ Founder EDitor@RipoffReport.com www.ripoffreport.com  a Worldwide Consumer Reporting News Agency ..by consumers, for consumers  PO BOX 310, Tempe, AZ 85280 602­359­4357 when selection starts, press 5 ...then, three seconds later press 1... Say who you are! Our mission: ▪  empower consumers ▪  defend the First Amendment ▪  expose wrongdoing ▪  help companies regain control Do for others as you would want them to do for you ED Magedson: Founder, Ripoff Report Follow Ripoff Report on Twitter Follow me, Ed Magedson, on Twitter Find us on Facebook   Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program,. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. .  ..yes, a long name for a program that does a lot for both consumers and businesses alike.       E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 229. From:   Adam <adam@ripoffreport.com> Sent time:   06/07/2014 03:00:24 PM To:   westerned@aol.com Subject:   FW: RESPONSE FOR DARREN MEADE TO From Darren Meade to Xcentric June 7, 2014 Attachments:   Basic Settlement Agreement and Release Darren Meade V3.pdf       You asked me to forward this to Western Ed.     From: Adam [mailto:adam@ripoffreport.com]  Sent: Saturday, June 07, 2014 12:16 PM To: 'Ripoff Report'; Maria Crimi Speth Subject: FW: RESPONSE FOR DARREN MEADE TO From Darren Meade to Xcentric June 7, 2014   Darren, Response below in Green   From: Darren M. Meade [mailto:dmeade@kairos­meade.com]  Sent: Saturday, June 07, 2014 4:16 AM To: Adam; ED Rip­off; dmeade@kairos­meade.com Subject: From Darren Meade to Xcentric June 7, 2014   Adam,   the cover letter to your settlement agreement contained multiple outrageous, and malicious lies that were unconscionable and publishing confidential medical records / histories into your proposed settlement is unacceptable.   Your response on this point makes no sense – your English literally makes no sense.  “Publishing confidential medical records”  makes no sense.  “Publishing confidential medical  . . . histories into your proposed settlement” also makes no sense.  You already told Ed that you have cancer in your kidneys, stage IV, spreading to mul ple areas of your body (or is it just one area?) so, #1, it is not confiden al as to Xcentric, and, #2, if it is confiden al as to anyone else, it has not been published and the settlement agreement itself is confidential. It is like you are trying to use big words, but you don’t really understand them.   As for your accusa on of lying . . . balderdash.  There is only one con‐man in this nego a on, and he doesn’t work for Xcentric.   The information on my medical condition was provided to document the seriousness of my medical condition and to verify missed medical treatment   Your evasiveness puts the seriousness of your medical condi on and need for treatment (if any) very much in ques on.  And, con nues to undermine any hope that Xcentric could trust you.     when earned wages were not paid   You have never been offered any wages   and your gamesmanship of dragging out what was to be a settlement   Xcentric is not playing games with you, Darren, you are the one being evasive and dishonest and dragging this out   with certain funds provided immediately    E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 5
  • 230.   I think this is the third se lement offer you have rejected, and when you make arguments including the word “immediately” with emphasis it makes you seem very foolish. A good con‐man needs to remain credible to his intended mark, Darren, and you are failing miserably at that. You are making it hard for us to pay your extor on without feeling like real idiots.   to help with additional treatments and a healing school.   This purpose has never been discussed with me at any  me. The reason I point this out to you is that your technique for making arguments, sugges ng that the topic had been discussed before when it had not been discussed before, is counterproduc ve. Every  me you do it, it come across as another lie, and because when you do it you reference your alleged illness (obviously NOT a confiden al concept) it also comes across as both narcissis c and whiny.  It wins no sympathy, it alienates Xcentric.     I have added four (4) text boxes pertaining to:   1.  Promised immediate funds asking you to.   Here is your comment:   The initial offer was for $8,500 immediately ... I plan to attend a healing treatment / school in Forth Worth Texas June 30th ­ July 5th. I need the funds promised to pay for airfare, hotel and other treatments waiting till the 25th is not viable, this needs to be immediate, by June 9th, 2014. You rejected the ini al offer so it is off the table. And, that is your fault, Darren. You are making it very hard to put money in your pocket.  Stop saying things that make you sound like a spoiled child whining “but you promised!” This is a settlement negotiation, and you are an adult con‐man. Show some self respect.  Xcentric made an offer, you rejected it.  It is off the table. Address the offer that is on the table. Or, the offer that was on the table, un l you rejected it, again.  Regarding the conference: how much money do you need to meet all the expenses?  Tell us that, and maybe Xcentric would be willing to pay more, sooner. 2.  Desist and stop exploiting my confidential medical history. Your comment is: My confidential medical record have never been been a precedent to the settlement agreement. Documentation was provided only to document that time is of the essence. Answer: If you want a se lement now, you are going to have to warrant that the medical condi on you have alleged is real. “Condition precedent” means that if that is not real, then the settlement is not valid because it is based on a lie you told instead of a truth Xcentric accepted. All you need to do under that term is promise that you are not lying about the cancer. In fact, I think it is a good idea for you to show medical records to reassure Xcentric that you are not lying about it. Darren, you need to take the $500 offered and have an a orney explain the se lement agreement to you. You are either pretending not to understand, or you really do need the help to read and understand what you are signing, and either way Xcentric is not going to make a deal with you un l you have the indisputable ability to comprehend what it means. You are the one “exploiting” your medical “history.” You are one claiming that you are ill, and asking for money because of it. If you are ill, Ed wants to help. If you are commi ng fraud by claiming you are ill when you are not, Ed does not want to be exploited by you.  Time for truth.     E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 231. 3.  Time is of the essence no time or ability to retain an attorney. “Time is of the essence” means something in legal contracts, and you are misusing the term. It means that if you are late with a contractual payment or obliga on, you breach the contract. What you are trying to say is, I think, “I am going to die soon and unless I get money right away I will not be able to sign up for my healing conference.” That is not “time is of the essence.”  That is just desperate. What is the purpose of you saying “or ability to retain an attorney.” ?  I don’t follow why you would say that.  Are you saying you don’t have time to consult an attorney about this agreement?  I’m sorry, that is not an op on, you need to find an a orney, have him/her read the se lement agreement, and explain to you what it means.  Xcentric will send you a green dot of $500 to get that done. And, I want a le er from the a orney confirming that is has been done. Not nego abale. 4.  NDA / Confidentiality that Xcentric is aware I contacted contingency attorneys ( Xcentric was provided the 'pitch' letter ) Your comment: Please supply a copy of the confidentiality / non disclosure agreement. Seriously Darren?  This document is the cornerstone of Xcentric’s ability to trust you and you don’t even keep a copy of it?  You have some explaining to do, Darren.  You be er quit playing games and start telling the truth.   Here is one you didn’t list in your cover letter Adam, are you motivated by animosities and hostility toward me. Your ongoing pattern of adding legally wording clauses which I do not understand client through mean­spirited lies is nevertheless truly puzzling I cannot afford an attorney, nor. can I afford one. And given my health you know time is of the essence for me. I considered Ed a friend. Even after the your emails in filled with hurtful comments. and specious I am mo vated by protec ng my client from your exploita on. I don’t lie, and I don’t have a mean spirit.  I am appalled by you. I did not change the terms of any agreement in principle. I only changed terms a er your rejected offers, and Xcentric proposed different terms. That is how it is done. I’m not stalling, you are.  And it worries me that I have no idea why. What are you up to? You can afford and a orney to read you the agreement and explain it to you, because Xcentric is going to provide $500 for you to get that done. If you are hurt, it is because truth hurts.  The guilty take the truth to be hard.   And I don’t hate you. I am the last person you know with Xcentric who is actually willing to believe you about other things, if you can prove the truth of what I am asking you to verify.  At Xcentric, there is a room full of smart people including Ed who think that is a waste of  me, who believe you are lying, and that you are a liar by character.  We will treat you as a liar and extor onist for the rest of your expectedly long and corrupt life. If you want any of us to respect you as an honest and honorable man, you need to ask “what do I need to do to prove that I am honest” and then do whatever honorable thing you are asked to do. If you do that, I will honestly advocate that you should be trusted enough to further prove yourself. If you respond with more evasion and attempts to hide behind big words you don’t understand well enough to use correctly, or worse, with sanc monious and prideful horse $#^! about how we have no right to judge you, etc.,  – well, then you will crush the last hope I have that you might be honorable.   Believe me when I say this is your last chance for you to preserve that possibility of confidence in you. Ed, out of friendship I am making one final attempt to resolve matters.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 232. ANOTHER final attempt?!  Please clarify, is this “one last final attempt” or “one of the last final attempts” you are going to make?     I understand you feel Adam is protecting you but time is truly of the essence (You mean to say “time is short” (?)) and these negotiations have been on­going for several weeks / months and, I do not have much time.  This settlement agreement was to offer the originally agreed upon immediate money ($8,500) onn Tuesday, then Thursday arrived after the banks were closed on a Friday.   Darren, if you want to make a se lement proposal, go ahead. It is not accurate for you to insist that the se lement proposal we put out was the wrong one. What Xcentric offered WAS THE SETTLEMENT PROPOSAL.  PERIOD  The differences between previous se lement offers are inten onal.  If you want something different, you must ask for it, or reject the current offer and propose a different offer yourself. (which Xcentric will reject, by the way, so don’t waste your time).   The $8,500 was still at $2,000. And why your attorney berated me when I said I was bewildered over legal terms, not an attorney and overmatched in negotiations, I do believe that now. You absolutely suck at negotiation, and your vocabulary is pathetic. If you are going to con my client, please try to do it in a way that does not make me look like a fool for letting it happen.       first he mocked me, No, I did not mock you at first. I am mocking you now, but not at first.     yet in the cover letter he called me to task over 'settlement terms / negotiation tactics' calling me to task because I did not agree with is terms (meaning I lost the more favorable terms) Ah ha! You do understand. You are faking being bewildered.     this is nothing but sport for him. No, sport is fun. This is work and pain.  And it is about as “sporting” as shooting fish in a barrel.     He wants to me desperate and knows stalling might run out the proverbial clock. You don’t have to be desperate, all you had to do is accept the settlement offer. And then, if you need accelerated payment, ask for the favor so you can go to your healing conference.   Ed, we disagree on when I accepted the new job, you talked me into staying ... then never paid me. You were never offered a new job, and if you actually turned down a real job in order to stay on Ed’s charity, it only shows that you are a lazy con man.     This was agreed upon but Adam changed the terms ... the immediate money allowed me to catch up, pay for medical treatment and attend a healing school in Forth Worth, Texas // back loading a deal is of no benefit ... this was about catching up, being able to make medical treatments while still helping you and Tracey. The ongoing negotiation tactics has left me without food, again. I spent the last of my money on cab fare to my medical treatment ... you told me you had personally made sure the immediate money as agreed was within the emails between Adam and I ... instead ... it was identical to the last settlement agreement that was rejected ... this was suppose to get back the agreed upon terms.   Ed, you told me to let you know what I need help with, that you would not leave me in the 'lurch' , can you please help me with Food, Bills and Medical Treatment?   The settlement arrangement offered to pay $5,000 ($1,250 per week ) in August.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 233.     Please consider letting me sell you the $5,000 in August for $1,250 in a Green Dot today ...   Could we do that?   That will save Xcentric $3,750 ... it will allow me to eat, pay bills ... asking me to negotiate, retain an attorney, and continually get worse terms, then sending me the worst terms forcing me into another week I realize works in business ... but you claim we are friends ... please consider my offer selling the $5,000 for $1,250 ... of what about $1,000 I lost my disability, and I've lived from April, May and now June on only $1,500.   If not, I understand.   I will talk to Ed about this and get back to you.   Adam       E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 234. From:   Adam <adam@ripoffreport.com> Sent time:   07/15/2014 10:49:02 AM To:   Darren Mitchell <darrenmitchellm@gmail.com>; Ripoff Report <editor@ripoffreport.com>; westerned@aol.com   We will make some changes to clarify the situa on based on what you write below. In fact, we will publish exactly what you have wri en below.   Thanks   Adam   From: Darren Mitchell [mailto:darrenmitchellm@gmail.com]  Sent: Tuesday, July 15, 2014 2:05 AM To: Ripoff Report; adam@ripoffreport.com; westerned@aol.com Subject: False Reports ROR attributed as 'writings of Darren Meade'   Gentlemen:  on Ripoff Report I saw the following: 'Author Darren Meade's wri ngs challenge the fairness and credibility of the homicide inves ga on, trial, murder convic on...' The hyperlink of my name then goes to h p://www.ripoffreport.com/reports/specific_search/rexxfield That appears to be the directory lis ng all the report filed on Rexxfield. I trust you realize this links seems to convey that all the reports filed on Rexxfield or Michael Roberts were authored by me and therefore I, Darren Meade, am the author. If you are alleging I have wri en false and defamatory informa on,  these allega ons are denied. Furthermore, I do not condone the publica on of a acking ANY person, online even those that support Michael Roberts, or his disgus ng fear based cyber bullying campaign he termed Google‐cide. My repor ng is legi mate and factual free speech, wri en under my name, from Laguna Beach, California, I do not need to embellish with lies as Smith / Roberts have alleged. Please correct the link Author Darren Meade's wri ngs to include only the reports I authored and not the en re directory of complaints on Rexxfield. Here are some of the reports a ributed to me which were never wri en or published by me: Report: #828918 Report: #829833 Report: #846880 Report: #826774 Report: #973523 Report: #826757 Report: #829963 Report: #828669 Report: #776879 E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 6
  • 235. I did not check every report within the Rexxfield directory which you have a ributed to my wri ngs. Please correct the HYPERLINK and error which claims all the reports have been authored and are the wri ng of Darren Meade, there are many complaints listed which were not authored, contributed or posted by me. I'm disheartened that you would make such a mistake. Please correct it ASAP. Cordially, Darren M Meade E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 236. From:   Adam <adam@ripoffreport.com> Sent time:   07/15/2014 12:30:24 PM To:   Ripoff Report <EDitor@ripoffreport.com>; Darren Mitchell <darrenmitchellm@gmail.com>; westerned@aol.com   Ed, send it by check to his address – I believe that is what the agreement spells out.     From: Ripoff Report [mailto:EDitor@ripoffreport.com]  Sent: Tuesday, July 15, 2014 10:28 AM To: 'Darren Mitchell'; adam@ripoffreport.com; westerned@aol.com Subject: RE: Payment per June 24, 2014 Settlement Agreement / 3rd Request for Payment   Darren – just tell me where to send it!     From: Darren Mitchell [mailto:darrenmitchellm@gmail.com]  Sent: Monday, July 14, 2014 9:41 PM To: Ripoff Report; adam@ripoffreport.com; westerned@aol.com Subject: Payment per June 24, 2014 Settlement Agreement / 3rd Request for Payment   Ed,   if I may call you to remembrance.   You made a demand that before settlement funds would be disbursed, that I had to sign the settlement agreement in advance of funds being disbursed.   I signed the settlement agreement and faxed it to 623.201.7500   This was done from the UPS store / Fax number 714.960.8600   The settlement called for $12,000 in immediate funds, however an additional Green Dot was provided and then my airfare and hotel to attend a ministry conference were deducted from the $12,000.   The Settlement Agreement amongst other items under 6.4 stated: "...and $3,000 on July 8th, 2014, and $3,000 on August 8 2014 if Meade is alive. Payments will be made by check and sent to Meade's address by overnight delivery.   The July 8th, 2014 payment is now past due. Unless, you sent the payment via Fed Ex and it has been lost or misplaced.   Please know I plan to also take the opportunity afforded in the settlement for a rental car, and also down payment on a car.   ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­   I am listing out the above as I know you stated you sent me an email (which I have not received) asking what is owed for July and how the funds should be paid. This is all detailed in the settlement agreement.   ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­   The patently false search warrant co­authored by Michael Roberts & Ben Smith has accomplished its tactical objective /  COMMUNICATIONS: By attacking the enemy's communication network you sow confusion among his ranks as commanders try to get intelligence reports, orders and coordinate movements or attacks.   The patently false search warrant was designed to evidence from being published online.   I called Anna, to check on the hearing today (from all accounts Tracey won) ... However, Anna, has been advised to no longer speak with myself, and she asked I pass the message along to you.   E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 7
  • 237. Smith, has had all the evidence removed from SCRIBD and other sites VIMEO, YOUTUBE (Tracey's account) the loan place is Ripoff Report.   From our discussions, it seems like we will not be having our normal calls as friends. It looks like everyone is scattering. That being said, I will provide you more than enough examples of Ben Smith lying not only in the search warrant but also in front of Judge Nancy Whittenburg.   If you can honor the settlement that would be helpful.   And if not, can you let me know that as well?   I've spoken to a friend whose a defense attorney and given Smith's stance am considering retaining him both for my protection, and he is a former cop so I want to his thoughts on the search warrant as he told me most warrants are 2­3 pages. He has acquitted people on murder charges over prosecutorial misconduct. I've known him for over 24 years, he is someone I can trust.   Rib bit E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 238. Darren Mitchell Meade (800) 993-4464 U.S. LEGAL SUPPORT 172 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ARTHUR SCOTT CONNELLY, an individual, dba Body Rx, Plaintiff(s), vs. CASE NO. 30-2011-00453171 DOES 1 through 25, inclusive, Defendant(s). _____________________________ DEPOSITION OF DARREN MITCHELL MEADE VOLUME II September 26, 2011 10:16 a.m. 1999 Avenue of the Stars, Suite 1000 Los Angeles, California REPORTED BY: Terrie C. Barker CSR No. 12000 E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 8
  • 239. Darren Mitchell Meade (800) 993-4464 U.S. LEGAL SUPPORT 218 1 Q Did you do that? 2 A No. 3 And then the second part of this is going 4 into the Ripoff Reports. This has some significance 5 only because there's a gentleman named Michael 6 Roberts. There's a company called "Rexxfield." This 7 was the gentleman who, when I saw the contract that 8 he signed, I realized that Scott Connelly was a 9 victim. I say that because the agreements to 10 negotiate in good faith were almost identical. 11 Part of what he had was a source code that 12 would allow Ripoff Reports to no longer be seen on 13 the Internet. The only reason why that's important 14 is because Ripoff Reports never deletes anything 15 written about somebody. So it's the perfect place to 16 defame somebody because it will always stay up, and 17 for some reason it winds up ranking on the first page 18 of Google. So if you want to destroy somebody's 19 reputation, that's a great place to do it. 20 Adam is referencing Sam Krane. Sam Krane is 21 an attorney of Dr. Connelly. And he's saying that 22 Sam Krane demanded that these derogatory reports be 23 removed and Adam essentially is writing rhetorically, 24 "Do you know who posted these and do you know anyone 25 who Connelly can hire to remove?" E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 240. SEARCH WARRANT EXCERPTS On January 3, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was “going after” Michael Roberts. [Search Warrant (“SW”) p. 26] ANNA RICHTER said DARREN MEADE also asked her to get information about Michael Roberts’ wife, Dr. Heidi Forsbacka (aka Dr. Heidi Roberts). [SW p. 29] DARREN MEADE’s phone records, which were obtained by SCA Smith shortly after DARREN MEADE contacted SCA Smith on April 24, 2012, revealed extensive communications between DARREN MEADE and TRACEY RICHTER’s friends and family. [SW p. 35] On August 18, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE wanted information about Michael Roberts’ business. ANNA RICHTER said DARREN asked her a number of questions. TRACEY RICHTER told ANNA RICHTER that DARREN MEADE needed to look up certain information about Michael Roberts. ANNA RICHTER asked TRACEY RICHTER a number of questions about Michael Roberts’ business. ANNA RICHTER said these questions had come directly from DARREN MEADE. TRACEY RICHTER had ANNA RICHTER write some things down on a piece of paper to give to DARREN MEADE. ANNA RICHTER said DARREN MEADE told her that State’s witness Raymond Friedman disgusted him. ANNA RICHTER said DARREN MEADE wanted to know where he could get a copy of the picture of Michael Roberts that TRACEY RICHTER published on the website deadbeatdad.org. ANNA RICHTER said DARREN MEADE said Michael Roberts looked crazy in that picture and DARREN MEADE planned to publish the picture in one of his upcoming RIPOFF REPORT complaints about State’s witness Michael Roberts. ANNA RICHTER said DARREN MEADE had some really bad pictures of State’s witness Mary Higgins that he also planned to publish on RIPOFF REPORT. ANNA RICHTER said DARREN MEADE told her that his publishing uncomplimentary pictures of the witnesses on RIPOFF REPORT was “childish and immature, but he [was] doing it anyway.” ANNA RICHTER said DARREN MEADE said there was an unbelievable amount of lying and corruption involved in TRACEY RICHTER’s criminal trial. TRACEY RICHTER directed ANNA RICHTER to have DARREN MEADE somehow obtain Michael Roberts’ tax returns. ANNA RICHTER said she had already given DARREN MEADE a great deal of information about Michael Roberts. ANNA RICHTER said DARREN MEADE told her State’s witnesses Michael Roberts and Raymond Friedman engaged in shady / E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT 9
  • 241. crooked business practices around the time TRACEY RICHTER murdered Dustin Wehde. [SW p. 39] On August 20, 2012, TRACEY RICHTER asked ANNA RICHTER whether RUSSELL SCHERTZ was able to find computer files related to Michael Roberts’ business. TRACEY RICHTER asked which of her computers ANNA RICHTER had in her possession. ANNA RICHTER said she had the silver computer. ANNA RICHTER said she just spoke with DARREN MEADE over the phone for one and a half hours. ANNA RICHTER said DARREN MEADE was getting more information and had asked ANNA RICHTER some questions. ANNA RICHTER said she had to get answers to these questions from TRACEY RICHTER’s fiancé, RUSSELL SCHERTZ. ANNA RICHTER said she did not want to discuss these questions over the phone. TRACEY RICHTER asked ANNA RICHTER if she found the “master file” on TRACEY RICHTER’s computer. ANNA RICHTER said RUSSELL SCHERTZ took those (computers or files) to his residence in Omaha, Nebraska, because RUSSELL SCHERTZ knew better than ANNA RICHTER about such things. ANNA RICHTER said DARREN MEADE wanted information / documents proving TRACEY RICHTER had her name legally changed from TRACEY RICHTER to SOPHIA CORRINA THERESA BARONIN VON RICHTERHAUSEN EDWARDS. ANNA RICHTER said she told DARREN MEADE that TRACEY RICHTER’s name change was real because ANNA RICHTER helped TRACEY RICHTER get copies of the document used to obtain her legal name change. [SW pp. 39-40] On August 25, 2012, TRACEY RICHTER told ANNA RICHTER that RUSSELL SCHERTZ was late getting to the prison to visit her because he had been giving documents to DARREN MEADE. TRACEY RICHTER told ANNA RICHTER that RUSSELL SCHERTZ had previously stated he planned to send documents to DARREN MEADE. [SW p. 47] On September 7, 2012, TRACEY RICHTER asked ANNA RICHTER whether she got the information she needed from RUSSELL SCHERTZ. TRACEY RICHTER asked whether RUSSELL SCHERTZ put a copy of this information on ANNA RICHTER’s computer. ANNA RICHTER said, “supposedly tomorrow or Saturday, all the other stuff is going to be taken care of.” [In context, this was an obvious reference to DARREN MEADE’s forthcoming RIPOFF REPORT complaint No. 938843) about the State’s witnesses] [SW p. 48] On September 9, 2012, DARREN MEADE published RIPOFF REPORT complaint No. 938843, which purports to be the results of his investigation into the corruption surrounding TRACEY RICHTER’s criminal prosecution and conviction, but which is nothing more than DARREN MEADE’s and ED MAGEDSON’s / RIPOFF REPORT’s E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 242. efforts to harass and defame the State’s witnesses in retaliation for their testimony against TRACEY RICHTER. Although DARREN MEADE published the complaint on September 9, 2012 (Sunday), it did not appear on RIPOFF REPORT until September 11, 2012 (Tuesday). RIPOFF REPORT complaint No. 938843 and its progeny (e.g., add-on complaints, rebuttals, and hyperlinks to other derogatory RIPOFF REPORT complaints about the State’s witnesses), among many other things, falsely accuses the State’s witnesses and their family members of committing murder, theft, perjury, child molestation, and having sexually transmitted diseases. RIPOFF REPORT / ED MAGEDSON and DARREN MEADE published RIPOFF REPORT complaint No. 938843 as a “featured” RIPOFF REPORT complaint, which is advertised conspicuously on each of RIPOFF REPORT’s approximate 1.8 million complaint pages. By ED MAGEDSON’s and DARREN MEADE’s own admissions that www.ripoffreport.com is viewed “a couple million times a day,” since complaint No. 938843 was published and featured (September 9, 2012), it is has been viewed over 1.2 BILLION times. [SW p. 48] On September 11, 2012, DARREN MEADE sent the following e-mail to ANNA RICHTER, , DONNA BISTRICAN, RUSSELL SCHERTZ, and JOHN RICHTER: Anna and Russ, Thank you for being patient and [sic] during my investigation, [sic] I know it took longer than expected. If you can promote the article and ask people to offer their honest opinion, not to compliment me, but to share their own stories of Ben Smith, Mary Higgins, Michael Roberts, Vileta, etc. http://www.ripoffreport.com/ben-smith-michael-roberts-rexxfield/prosecutorial- misconduct/sac-city-sac-county-iowa-B1A77.htm [SW pp. 48-49] On September 13, 2012, ANNA RICHTER said DARREN MEADE found more information and planned to publish it on RIPOFF REPORT at a later date. [SW p. 49] On September 15, 2012, ANNA RICHTER told TRACEY RICHTER about DARREN MEADE’s September 11, 2012, RIPOFF REPORT complaint No. 938843; specifically, ANNA RICHTER said there was new information on RIPOFF REPORT about State’s witnesses Raymond Friedman, Mary Higgins, and Mona Wehde. ANNA RICHTER also said DARREN MEADE planned to publish more information on RIPOFF REPORT concerning the State’s witnesses at a later date. ANNA RICHTER further said the “big connection was money, and that State’s witnesses Raymond Friedman and Michael Roberts were each other’s alibi.” ANNA RICHTER told TRACEY RICHTER that the pictures of State’s witness Mary Higgins published on RIPOFF REPORT by DARREN MEADE were hysterical. ANNA RICHTER said DARREN MEADE discovered evidence of Michael Roberts having a sexual E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 243. relationship with Dustin Wehde, TRACEY RICHTER’s murder victim. TRACEY RICHTER said she was glad someone was putting the truth out there. TRACEY RICHTER said DONNA BISTRICAN would help ANNA RICHTER create a Facebook page. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN send State’s witness (murder victim’s sister) Ashley Wehde a Facebook message with a link to DARREN MEADE’s RIPOFF REPORT complaint No. 938843. ANNA RICHTER said DARREN MEADE published a short story about State’s witness (and murder victim’s mother) Mona Wehde in this RIPOFF REPORT. The RIPOFF REPORT complaint or story to which ANNA RICHTER is referring alleges that Mona Wehde was also criminally responsible for her son’s (Dustin Wehde) death. [SW pp. 50-51] On September 18, 2012, an extremely upset / distraught TRACEY RICHTER told ANNA RICHTER she was angry with SCA Smith, because she believed SCA Smith’s testimony in her custody hearing was the reason she lost the custody case with Michael Roberts. ANNA RICHTER said she would contact DARREN MEADE because he planned to put something else out there (assumedly about SCA Smith). ANNA RICHTER said DARREN MEADE wanted something from ANNA RICHTER and wanted to publish this something on RIPOFF REPORT that very day. TRACEY RICHTER, still sobbing hysterically, told ANNA RICHTER she did not know what to do now that she lost custody of her kids, which she again blamed on SCA Smith. ANNA RICHTER said that is why we are trying to “get [SCA Smith]” and that there was something else going on that she could not discuss with TRACEY RICHTER over the phone. TRACEY RICHTER said RUSSELL SCHERTZ told TRACEY RICHTER about a conversation DARREN MEADE had with “someone.” ANNA RICHTER said “someone” is going to be investigating Michael Roberts. TRACEY RICHTER directed ANNA RICHTER to activate TRACEY RICHTER’s Facebook page. ANNA RICHTER said her dream is to get SCA Smith disbarred. TRACEY RICHTER said the reason she did not get custody of her kids was because of SCA Smith’s testimony at her custody hearing about her aforementioned correspondence with convicted child molester Jim Landa [Although, I am fairly certain TRACEY RICHTER’s murder conviction and life imprisonment played some role in the Court’s decision to give Michael Roberts’ full custody of their children]. ANNA RICHTER said “well, that it is it, I am going to get ahold of [DARREN MEADE] to see if [he can do something]” about SCA Smith. ANNA RICHTER said she talked “to that one person.” TRACEY RICHTER asked whether this was the same person that had previously spoken with DARREN MEADE, and ANNA RICHTER said it was. [SW p. 52] On September 21 2012, TRACEY RICHTER asked ANNA RICHTER what had been going on with “that guy (DARREN MEADE)” and whether DARREN MEADE had E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 244. recently published anything on RIPOFF REPORT or any other place on the internet. ANNA RICHTER said DARREN MEADE published an article on RIPOFF REPORT, Google, and another place online. ANNA RICHTER said ED MAGEDSON / RIPOFF REPORT put up a disclaimer that DARREN MEADE had been publishing these RIPOFF REPORT complaints on his own volition. TRACEY RICHTER described the file sharing software / service Dropbox as an “online briefcases people can open if you send them a link.” ANNA RICHTER said she asked DARREN MEADE whether she (ANNA RICHTER) should respond to Michael Roberts’ comments, and that DARREN MEADE said he would take care of it. ANNA RICHTER said DARREN MEADE is going to create his own website. TRACEY RICHTER told ANNA RICHTER to print off RIPOFF REPORT complaint No. 938843 and send it to her at the prison. ANNA RICHTER said DARREN MEADE said he / RIPOFF REPORT planned to publish numerous pictures of TRACEY RICHTER with her children in effort to “humanize” her, which ANNA RICHTER had given to DARREN MEADE. TRACEY RICHTER said there should be pictures of her and the kids on her (TRACEY RICHTER’s) computer. TRACEY RICHTER said RUSSELL SCHERTZ had the password for this computer. TRACEY RICHTER said RUSSELL SCHERTZ had like-pictures in boxes in his garage. [SW p. 53] On September 28, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE had asked her and RUSSELL SCHERTZ for permission to put “good stuff” about TRACEY RICHTER up on RIPOFF REPORT. TRACEY RICHTER said she saw the pictures of Mary Higgins that DARREN MEADE published on RIPOFF REPORT and that they were horrible. [SW pp. 53-54] On October 11, 2012, TRACEY RICHTER told her mother that in his September 9, 2012, RIPOFF REPORT complaint (No. 938843), DARREN MEADE inaccurately stated that State’s witness Dr. John Pitman’s medical practice was located in Chicago, Illinois, and that DARREN MEADE should correct the RIPOFF REPORT complaint to list the correct location of Dr. John Pitman’s medical practice, Williamsburg, Virginia. TRACEY RICHTER directed her mother to bring this to DARREN MEADE’s attention. [SW p. 54] On October 19, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was unable to access certain videos and documents on his RIPOFF REPORT complaints and that he planned to call RIPOFF REPORT to get it fixed. [SW p. 54] On November 8, 2012, ANNA RICHTER told TRACEY RICHTER that she was worried about DARREN MEADE as she had not heard from him in two weeks. ANNA RICHTER said she tried to contact DARREN MEADE by e-mail and E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 245. telephone numerous times, but he had not responded. [SW pp. 54-55] On November 29, 2012, ANNA RICHTER told TRACEY RICHTER that something extremely important had to be done by that Monday, but that she could not talk about it with her over the phone. ANNA RICHTER said she had been exchanging text communications with DARREN MEADE, and DARREN MEADE had to get a hold of the attorney representing TRACEY RICHTER on the direct appeal of her murder conviction. [SW p. 55] As mentioned above, on April 26, 2012, ANNA RICHTER sent an e-mail from her account [anna_richter2003@yahoo.com] to a local newspaper journalist, asking the journalist to look at the RIPOFF REPORT story published by DARREN MEADE. ANNA RICHTER told the journalist: “There is no doubt in my mind that some of the [members of the jury who convicted her daughter, TRACEY RICHTER, of murder] read the paper and internet that weekend and [TRACEY RICHTER’s second ex- husband] made sure they were filled with his lies.” [SW p. 56] On June 1, 2012, DARREN MEADE posted the following on The Virginia Gazette’s website: "One person purporting to have been a juror in the Richter murder trial claims to have [googled] TRACEY RICHTER and what they located online made them decide to convict her.” [SW p. 56] On December 10, 2012, ANNA RICHTER told TRACEY RICHTER that RIPOFF REPORT owner ED MAGEDSON wanted BERT PITMAN to send ED MAGEDSON and DARREN MEADE certain information. [SW p. 57] On January 9, 2013, ANNA RICHTER told TRACEY RICHTER she lost her appeal. ANNA RICHTER said she published a comment on RIPOFF REPORT that TRACEY RICHTER was not able to bring up new information on her direct appeal. ANNA RICHTER said DARREN MEADE wanted TRACEY RICHTER’s attorney to serve him with a subpoena concerning threats he alleged SCA Smith made to him. ANNA RICHTER said she had things that she needed to discuss with DARREN MEADE. TRACEY RICHTER said they needed to subpoena this information from DARREN MEADE to “keep him out of the middle.” [SW p. 59] On January 10, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was upset that TRACEY RICHTER lost her direct appeal of her murder conviction. ANNA RICHTER and TRACEY RICHTER discussed the post-conviction relief (PCR) process versus that of the direct appeal; specifically, that new evidence can be considered in a PCR action. ANNA RICHTER said DARREN MEADE told her he discovered information that proved Michael Roberts had motive to frame Dr. John Pitman for TRACEY RICHTER’s murder. ANNA RICHTER said they needed to attack the testimony of the State’s witnesses. ANNA RICHTER said she and high E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 246. school graduate DARREN MEADE discussed trial strategy, specifically, putting doubts in the jurors’ minds. ANNA RICHTER said DARREN MEADE planned to publish a RIPOFF REPORT complaint about the horrible job he believed TRACEY RICHTER’s criminal defense attorneys did in representing her. Later, the two discussed why they believed Michael Roberts was homosexual. [SW p. 59] On January 11, 2013, DARREN MEADE (dmeade@kairos-meade.com), in an e-mail to ANNA RICHTER (annar_richter2003@yahoo.com), RUSSELL SCHERTZ (rschertz@cox.net), and DONNA BISTRICAN (bcbdonna@gmail.com) said he created the website TraceyRichter.com, and asked the group to have their friends and family to spend a couple hours per week creating additional links to the site. The website www.TraceyRichter.com is replete with links to all the RIPOFF REPORT complaints concerning the State’s witnesses that are referenced in this affidavit. It also provides links to the following active social media accounts purporting to be owned, controlled, and authored by TRACEY RICHTER: Facebook.com, YouTube.com, Twitter.com, AboutMe.com, and others, all of which contain recent (as recently as June 10, 2014) posts, comments, and other content that link to the RIPOFF REPORT articles about the State’s witnesses. DARREN MEADE also told them the content up on TraceyRichter.com should be more from their voices, not his, and that creating these additional profiles and links to the website would make them all more visible on Google-type search results (thus making the RIPOFF REPORT complaints more visible). Also in this e-mail, DARREN MEADE provided the above- named recipients with the login, password, and e-mail (freetraceyrichter@gmail.com) for the website. [SW p. 60] On January 14, 2013, TRACEY RICHTER asked ANNA RICHTER if there was a “mug shot” of Dr. John Pitman. ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman is pushing his surgery practice into the ground. TRACEY RICHTER stated she hoped to get more information on Dr. John Pitman and that she wanted to see Dr. John Pitman’s mug shot. ANNA RICHTER said she e-mailed ED MAGEDSON, the owner / operator of RIPOFF REPORT, and “that one attorney,” which the two had discussed earlier. ANNA RICHTER said she e-mailed ED MAGEDSON and DARREN MEADE about ED MAGEDSON something believed to be related to TRACEY RICHTER’s case and RIPOFF REPORT. ANNA RICHTER said BERT PITMAN posted a lot of this content on Facebook. TRACEY RICHTER said they needed to get sworn statements from people but that she did not want to mention any names over the phone. [SW p. 61] On January 14, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE asked her for documents from the wrongful death lawsuit brought against TRACEY RICHTER by Dustin Wehde’s estate. [SW p. 61] E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 247. On February 7, 2013, ANNA RICHTER…said DARREN MEADE told her the copy of his deposition that was given to SCA Smith by Dr. Scott Connelly was fake. [SW pp. 63-64] On February 14, 2013, ANNA RICHTER…said DARREN MEADE and ED MAGEDSON / RIPOFF REPORT planned to publish another RIPOFF REPORT complaint [presumably concerning the State’s witnesses]. TRACEY RICHTER said “stuff is coming out about Dr. John Pitman.” Then, just as ANNA RICHTER mentioned DARREN MEADE’s name, TRACEY RICHTER directed her to stop talking about [DARREN MEADE, Dr. John Pitman, and RIPOFF REPORT] over the phone, and that the two would talk about it in person during ANNA RICHTER’s next visit to the prison. ANNA RICHTER said she had information to pass along to TRACEY RICHTER from DARREN MEADE, but that she would wait and tell it to TRACEY RICHTER during her next visit with her at the prison. Later during their conversation, ANNA RICHTER said she stored e-mails from RIPOFF REPORT on her computer [emphasis added]. [SW p. 64] On April 2, 2013, ANNA RICHTER…said DARREN MEADE had “all kinds of stuff up” in response to this article [believed to be authored by State’s witness, Dr. John Pitman]. ANNA RICHTER further told TRACEY RICHTER that “this is the last straw” as for Dr. John Pitman, and that she planned to “fight back.” TRACEY RICHTER directed ANNA RICHTER to get DARREN MEADE to put “all these things together.” [SW p. 65] On April 11, 2013, TRACEY RICHTER…told ANNA RICHTER to have BERT PITMAN get certain information about Michael Roberts and Dr. John Pitman, and give it to either DARREN MEADE or ED MAGEDSON / RIPOFF REPORT. ANNA RICHTER said more and more people “from out there" believed Dr. John Pitman hired Dustin Wehde to attack / kill TRACEY RICHTER, and that she would discuss it more in detail during her next visit to the prison. [SW p. 66] On or around April 18, 2013, ANNA RICHTER sent DARREN MEADE a Western Union Money Gram in the amount of $400.00, which he deposited into his Bank of America account. [SW p. 67] On May 5, 2013, TRACEY RICHTER…expressly told ANNA RICHTER to have DARREN MEADE published the letter [concerning SCA Smith] on the internet…” [SW p. 68] On May 7, 2013, one day after ED MAGEDSON and DARREN MEADE accessed and viewed the link to Michael Roberts’ YouTube screencast, which proved ED MAGEDSON or another RIPOFF REPORT agent removed and republished an amended RIPOFF REPORT complaint, ANNA RICHTER told TRACEY RICHTER E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 248. that SCA Smith was attempting to intimidate DARREN MEADE by going through ED MAGEDSON. TRACEY RICHTER told ANNA RICHTER that DARREN MEADE needed to send “stuff.” [SW p. 71] On June 6, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE wanted TRACEY RICHTER to provide him with the location of sensitive, embarrassing information concerning a family member of one of Michael Roberts’ former employees. DARREN MEADE subsequently posted this information on RIPOFF REPORT. ANNA RICHTER also said DARREN MEADE had sent her (ANNA RICHTER) some information / documents, but that she would discuss it with TRACEY RICHTER in person during their next prison visit. ANNA RICHTER also told TRACEY RICHTER that in his Motion to Quash, SCA Smith was “moaning” that “they” had given information / documents to DARREN MEADE [emphasis added]. TRACEY RICHTER said most of the information ANNA RICHTER had given to DARREN MEADE was given to her (TRACEY RICHTER) during her murder prosecution. ANNA RICHTER said most of the information DARREN MEADE obtained was from the internet, and sometimes DARREN MEADE asked her for information about which she knew nothing. [SW p. 72] On June 13, 2013 (or June 6, 2013), ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON received a copy of SCA Smith’s Motion to Quash, and that ED MAGEDSON forwarded the same to DARREN MEADE. TRACEY RICHTER told ANNA RICHTER “they” had proof SCA Smith obtained the transcripts from DARREN MEADE’s aforementioned deposition, and that SCA Smith cannot use the power of his office to do this. TRACEY RICHTER continued, stating neither “they” nor DARREN MEADE had done anything criminal, and SCA Smith was attacking DARREN MEADE for merely exercising his First Amendment rights. Amazingly, however, TRACEY RICHTER then said SCA Smith could have an actionable civil defamation claim against ED MAGEDSON / RIPOFF REPORT and / or DARREN MEADE, but neither of ED MAGEDSON / RIPOFF REPORT and / or DARREN MEADE had done anything actionable in the criminal sense. [SW p. 72-73] On June 29, 2013, DARREN MEADE sent the following e-mail to ANNA RICHTER: Everyone, I have had enough of all the threats from Michael Roberts and Ben Smith. Every three-four days I will be releasing video's showing the true character of Michael and Benjamin. I hope the tone of the first video is not offensive to anyone. I plan to release one on Ben by Monday morning. I never made a video presentation in my life therefore I know the video maybe lacking a bit. Here is a link to the first video: http://www.screencast.com/t/AqLqBnFcL [SW p. 73] E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 249. On July 2, 2013, TRACEY RICHTER told ANNA RICHTER to give certain documents to "you know who.” ANNA RICHTER stated she already had given them to him. [The context of this conversation suggests DARREN MEADE is the unnamed individual] ANNA RICHTER then stated she located documents about Mona Wehde, the murder victim’s mother, and Dr. John Pitman, both of whom were State’s witnesses. TRACEY RICHTER directed ANNA RICHTER to give the information to this unnamed individual. [SW p. 73] On July 11, 2013, after receiving the transcript of SCA Smith’s testimony from her and Michael Roberts’ custody proceedings, which, much to their dismay, proved SCA Smith did not commit perjury as TRACEY RICHTER, ANNA RICHTER, DARREN MEADE and ED MAGEDSON / RIPOFF REPORT had been alleging on RIPOFF REPORT, TRACEY RICHTER told ANNA RICHTER that the she still believed SCA Smith committed perjury. ANNA RICHTER told TRACEY RICHTER that the court reporter who reported the proceedings was “dirty.” [SW p. 73] On July 18, 2013, ANNA RICHTER played DARREN MEADE’s July 4, 2013, video presentation, which is mentioned above, over the phone for TRACEY RICHTER. After listening to the video, TRACEY RICHTER commented that DARREN MEADE did not do a bad job with the video presentation and that he would get better. [SW p. 73] On July 25, 2013, TRACEY RICHTER asked ANNA RICHTER whether there was any new information, documents, or material [on RIPOFF REPORT]. ANNA RICHTER stated there was one thing online that was new, but that she wanted to wait and discuss it with TRACEY RICHTER during their next visit at the prison because “they” might be listening to TRACEY RICHTER’s phone calls. [SW p. 73] On July 30, 2013, ANNA RICHTER told TRACEY RICHTER that she got a preview of “another thing” that DARREN MEADE told ANNA RICHTER was going to published on the internet. ANNA RICHTER said she wrote [DARREN MEADE] back and told him the proposed video content was good. TRACEY RICHTER said some of the State’s witnesses lied when they testified against her. ANNA RICHTER said they need to go after the State’s witnesses because they lied on the witness stand. ANNA RICHTER said they were going to prove State’s witnesses Mary Higgins and Mona Wehde committed perjury when they testified against TRACEY RICHTER. TRACEY RICHTER told ANNA RICHTER they needed an affidavit from “the woman” who alleged Dr. John Pitman lied on the witness stand. [SW p. 74] On August 22, 2013, ANNA RICHTER told TRACEY RICHTER she believed that Michael Roberts lied on his immigration paperwork from 1996. TRACEY RICHTER asked ANNA RICHTER whether she had sent this information to “somebody else.” E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 250. ANNA RICHTER stated she was not sure, but that she would fax it over to “that person.” TRACEY RICHTER asked whether she sent that document to “that someone else.” [SW p. 74] On September 30, 2013, ANNA RICHTER told TRACEY RICHTER she was waiting for information and / or documents from DARREN MEADE, but that DARREN MEADE had been busy the last couple days helping RIPOFF REPORT owner ED MAGEDSON prepare for his civil action against Michael Roberts. ANNA RICHTER said ED MAGEDSON is going after Michael Roberts for extortion, and is taking out a protective order against Michael Roberts and SCA Smith because the two were harassing him (ED MAGEDSON). ANNA RICHTER said she found a document TRACEY RICHTER had asked her to find while she was searching for documents / information for ED MAGEDSON. TRACEY RICHTER said she had something to tell ANNA RICHTER about ED MAGEDSON, and that ED MAGEDSON had a bunch of stuff on Michael Roberts. ANNA RICHTER said she was supposed to get information to ED MAGEDSON and DARREN MEADE about Michael Roberts. ANNA RICHTER said DARREN MEADE told her he had to work on ED MAGEDSON’s case first, but when he finished with that, he would go back to working for TRACEY RICHTER and ANNA RICHTER’s cause. ANNA RICHTER said that when “we” put stuff on RIPOFF REPORT “we” provide documentation. [SW p. 77] On September 30, 2013, TRACEY RICHTER directed ANNA RICHTER to perform certain tasks on TRACEY RICHTER’s or ANNA RICHTER’s computer in real-time. ANNA RICHTER said ED MAGEDSON and / or DARREN MEADE wanted her to ask TRACEY RICHTER whether she (TRACEY RICHTER) was familiar with an individual ANNA RICHTER named. ANNA RICHTER and TRACEY RICHTER both stated that Mona Wehde, the mother of the boy Tracey murdered, was once involved with Michael Roberts and drug dealers from Sioux City, Iowa. [SW p. 77] On October 10, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE had recently sent her information. TRACEY RICHTER told ANNA RICHTER “thank God [DARREN MEADE] is involved” [emphasis added]. ANNA RICHTER relayed a question from DARREN MEADE to TRACEY RICHTER about State’s witness Mona Wehde. [SW p. 78] On October 31, 2013, ANNA RICHTER told TRACEY RICHTER she had scanned a number of documents, which she planned to send to “someone.” ANNA RICHTER told TRACEY RICHTER she learned Dr. John Pitman was back with a stripper and that Dr. John Pitman lied under oath when he testified in his deposition in TRACEY RICHTER’s murder case. ANNA RICHTER said she finally got contact information “on a certain person” form “someone.” ANNA RICHTER said she printed off E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 251. documents concerning another case involving ED MAGEDSON, and that ED MAGEDSON had to remove “something” from RIPOFF REPORT, but that “something” did not have anything to do with TRACEY RICHTER’s case and / or DARREN MEADE’s and the other RIPOFF REPORT complaint’s concerning the State’s witnesses. [SW p. 81] On November 21, 2013, ANNA RICHTER told TRACEY RICHTER to remind her to tell TRACEY RICHTER something the next time she visited the prison, because she did not want to discuss it over the phone. ANNA RICHTER discussed giving information to ED MAGEDSON and / or DARREN MEADE. [SW p. 83] 83 On February 1, 2014, during a prison visit between TRACEY RICHTER and her fiancé, RUSSELL SCHERTZ, said “there is some other thing about BERT PITMAN [your mom, ANNA RICHTER] didn’t want to tell you over the phone.” RUSSELL SCHERTZ said “[JOHN RICHTER] thinks that [Lisa Pitman] put the stuff on RIPOFF REPORT.” TRACEY RICHTER replied, “Probably. Well, did she or was it [DARREN MEADE]? Because I asked my mom (ANNA RICHTER) if it was [DARREN MEADE]. She (ANNA RICHTER) said, well, [DARREN MEADE] said no, it (was or wasn’t him). And she (ANNA RICHTER) said DARREN MEADE admitted to other things to her before.” RUSSELL SCHERTZ whispered the name of the person he believed was responsible for the anonymous derogatory / defamatory postings on RIPOFF REPORT about Dr. John Pitman, but, because he lowered his voice, it is impossible to hear what he said. Then RUSSELL SCHERTZ added “we don’t know [for sure]” who published the RIPOFF REPORT complaints about Dr. John Pitman. TRACEY RICHTER then told RUSSELL SCHERTZ “it will be interesting if it comes up in his [divorce proceedings with Lisa Pitman] about him fooling around with hookers and call girls, because that will be – we will be using that in my post-conviction relief.” TRACEY RICHTER added “BERT PITMAN informed them that “[Dr. John Pitman] is back together with [the hooker / stripper], but [Dr. John Pitman’s] neighbor – I want to say a neighbor told [BERT PITMAN] or was it Courtney told them?” RUSSELL SCHERTZ said “We need to get some information from the secretary or the…business manager before she leaves.” TRACEY RICHTER then said “ Well, who knows. Maybe we can get information from [Lisa Pitman], because [Lisa Pitman] and [Dr. John Pitman] were together [at the time TRACEY RICHTER has alleged Dr. John Pitman saw pictures / photographs of pink spiral notebook], and if she saw the photos and she knows he had the photos, maybe we can trade something with her that she needs.” RUSSELL SCHERTZ said they needed to get information from Dr. John Pitman’s secretary and from Lisa Pitman. RUSSELL SCHERTZ and TRACEY RICHTER agreed they needed help and assistance from E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 252. Lisa Pitman and Dr. John Pitman’s secretary to obtain sensitive / personal information about Dr. John Pitman. TRACEY RICHTER said DARREN MEADE admitted to ANNA RICHTER that he had authored / published many of the RIPOFF REPORT complaints about the State’s witnesses, but had said he did not author / publish the outrageous RIPOFF REPORT complaints about Dr. John Pitman. TRACEY RICHTER told her mother that “maybe this stuff with Dr. John Pitman could develop into something for our benefit [in the PCR context].” RUSSELL SCHERTZ told TRACEY RICHTER he had stored a great deal of information (based on the information in this affidavit, presumably about TRACEY RICHTER’s case / State’s witnesses) on his work computer but he recently had it removed from that computer because his employer’s (ConAgra Foods, Omaha) IT department forced him to remove it. TRACEY RICHTER told RUSSELL SCHERTZ she had a portable hard drive in a box that was in RUSSELL SCHERTZ’s possession he could use to store this information. TRACEY RICHTER told RUSSELL SCHERTZ that “they” were going to go after the juror who had an ankle injury before the trial and wanted off the jury, and that they are going to attack jury members. RUSSELL SCHERTZ said that one of TRACEY RICHTER’s new attorneys, Matthew Shimanovsky, said SCA Smith is an idiot. [SW p. 86] On February 8, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, TRACEY RICHTER and ANNA RICHTER mentioned, by full name, and discussed the DOT employee who processed TRACEY RICHTER’s change of name form in 2010, and who later told law enforcement that TRACEY RICHTER had presented the forged court decree as proof her name had been legally changed. Then, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON wanted her (TRACEY RICHTER) to give him certain information about Michael Roberts. ANNA RICHTER said ED MAGEDSON had been after her (ANNA RICHTER) [to do or get something]. ANNA RICHTER also said ED MAGEDSON e-mailed his (or TRACEY RICHTER’s other attorney), Victoria Ames, about something having to do with TRACEY RICHTER’s case. ANNA RICHTER asked TRACEY RICHTER whether TRACEY RICHTER’s attorney could compel Michael Roberts’s therapist to produce the reports from Michael Roberts’ therapy session. ANNA RICHTER or TRACEY RICHTER stated that they would have to tell the doctor / therapist that the report(s) are needed for TRACEY RICHTER’s pending civil litigation with Michael Roberts (child support contempt action) [when really they planned to give it to ED MAGEDSON / RIPOFF REPORT for the purposes of publishing it in a RIPOFF REPORT complaint and / or for RIPOFF REPORT to use in its pending litigation against Michael Roberts]. TRACEY RICHTER said they would ask one of TRACEY RICHTER’s attorney to subpoena the confidential reports from Michael Roberts’s therapist. ANNA RICHTER said getting this report would really help ED MAGEDSON E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 253. in his lawsuit against Michael Roberts. Later in this conversation, TRACEY RICHTER told her mother to ask DARREN MEADE how to make a website more visible on an internet search (e.g., Google, Bing, Yahoo!, etc.) results. [SW p. 90] On February 23, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, the two again discussed having BERT PITMAN pressure his father, Dr. John Pitman, into recanting / changing the testimony he gave in TRACEY RICHTER’s murder trial, by having BERT PITMAN tell Dr. John Pitman that “stuff is going to come out unless you play ball.” TRACEY RICHTER said if this information came out about Dr. John Pitman, he would lose custody of his children to Lisa Pitman and his business would be ruined. TRACEY RICHTER said BERT PITMAN should approach Dr. John Pitman under the false premise that “[they knew] Ben Smith told [Dr. John Pitman] not to talk to Tracey’s lawyers, [and we just want to know what else Ben Smith said to you].” One of the two then said that BERT PITMAN should tell Dr. John Pitman that if Dr. John Pitman did not “come clean” that it would really hurt their (BERT PITMAN and Dr. John Pitman) relationship and that BERT PITMAN should tell Dr. John Pitman “Enough is enough, Daddy. You need to come clean.” ANNA RICHTER said it would be great if BERT PITMAN were to record this conversation. ANNA RICHTER told TRACEY RICHTER she would contact BERT PITMAN and discuss their plan with him. Later, TRACEY RICHTER asked whether her PCR attorneys had scheduled the deposition of her criminal defense attorney(s). ANNA RICHTER said DARREN MEADE wanted to attack TRACEY RICHTER’s criminal defense attorney(s) on RIPOFF REPORT, but ANNA RICHTER told DARREN MEADE “Don’t you dare. We need [him / her].” ANNA RICHTER said TRACEY RICHTER’s PCR attorney was a friend of one of TRACEY RICHTER’s criminal defense attorneys and that this criminal defense attorney confided with TRACEY RICHTER’s PCR attorney that he / she made a number of mistakes representing TRACEY RICHTER in her murder trial. ANNA RICHTER added that ED MAGEDSON also directed DARREN MEADE not to publish anything on RIPOFF REPORT about TRACEY RICHTER’s criminal defense attorneys. [SW p. 91] On February 28, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, ANNA RICHTER said DARREN MEADE planned to publish complaints on RIPOFF REPORT attacking the competence / effectiveness of TRACEY RICHTER’s criminal defense attorney(s), but that she instructed DARREN MEADE not to “bother [TRACEY RICHTER’s criminal defense attorney] right now because [in TRACEY RICHTER’s PCR case, TRACEY RICHTER’s criminal defense attorney] is going to admit that he was ineffective [in his representation of TRACEY RICHTER in her murder case / trial]” and they “needed” him / her. TRACEY RICHTER said E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 254. DARREN MEADE needed to wait to publish a complaint on RIPOFF REPORT about her criminal defense attorney until after the attorney testified in TRACEY RICHTER’s Post Conviction Relief case, because then DARREN MEADE can publish the transcript of the attorney’s own under oath admissions about the attorney’s ineffective representation of TRACEY RICHTER. [SW pp. 91-92] Also during this prison visit, TRACEY RICHTER directed ANNA RICHTER to have BERT PITMAN and DARREN MEADE to tell Brandon Wehde (murder victim’s first cousin) about the aforementioned $25,000 reward, and also give him (Brandon Wehde) certain derogatory information concerning his aunt Mona Wehde’s alleged acts of disloyalty to the Wehde family. TRACEY RICHTER said that someone needed to tell Brandon Wehde “you need to know the truth about what [Mona Wehde] had been up to.” TRACEY RICHTER said Brandon Wehde should be given a copy of Brett Wehde’s (Mona Wehde’s husband, Dustin Wehde’s father) suicide note, and he should be told that Mona Wehde (allegedly) planned to leave her family. ANNA RICHTER said DARREN MEADE already had published Dustin Wehde’s father’s suicide note on RIPOFF REPORT. TRACEY RICHTER directed ANNA RICHTER to also have DONNA BISTRICAN contact Brandon Wehde using her Facebook account. ANNA RICHTER said she was going to contact BERT PITMAN to discuss the foregoing. TRACEY RICHTER told ANNA RICHTER to work with DARREN MEADE to create a highly visible website with content that would expose Michael Roberts to hatred, ridicule, and contempt. TRACEY RICHTER and ANNA RICHTER again went over their plan to have BERT PITMAN pressure Dr. John Pitman into changing his testimony. ANNA RICHTER told TRACEY RICHTER she exchanged documents with DARREN MEADE, and that she stores the same in her Dropbox account. TRACEY RICHTER directed ANNA RICHTER to send documents to “Marko” via Dropbox. ANNA RICHTER said she talked to ED MAGEDSON, and ED MAGEDSON had talked to attorney Victoria Ames. ANNA RICHTER said ED MAGEDSON told her that her attorney Matthew Shimanovsky is supposed to contact Victoria Ames about getting Michael Roberts’ confidential therapy reports / notes from Dr. Rumberger. TRACEY RICHTER told ANNA RICHTER that her PCR attorneys needed to talk to one of the jurors who convicted her, as well as all the other jurors, but that they needed to start with this particular juror, because he / she was the WEAKEST one (juror). ANNA RICHTER said Julia Ofenbakh said she (Julia Ofenbakh) would like to see SCA Smith in jail. ANNA RICHTER said Julia Ofenbakh also said “that just listening to things that [SCA Smith] has done, he (SCA Smith) should be in jail.” TRACEY RICHTER told ANNA RICHTER that someone should register the website www.BenSmithSucks.com. TRACEY RICHTER asked whether DARREN MEADE had anything up on RIPOFF REPORT about Mary Higgins and Anna said that Darren is concentrating on Ben E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 255. Smith. ANNA RICHTER said she wanted to completely destroy SCA Smith. ANNA RICHTER said she told this to TRACEY RICHTER’s new attorney Julia Ofenbakh. ANNA RICHTER said that TRACEY RICHTER’s new attorney Julia Ofenbakh said the jurors in TRACEY RICHTER’s criminal case were idiots. ANNA RICHTER said “I will be damned if my daughter is going to sit here eighteen years before they declare her innocent.” ANNA RICHTER said they need to get this fund going because this is going to cost money. [SW pp. 92-93] On March 7, 2014, during a prison visit between ANNA RICHTER and TRACEY RICHTER, TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN take photographs of Dr. John Pitman’s prescriptions, although the recording was difficult to hear at this point. Later, although still barely audible, it is believed the two discussed getting sensitive / embarrassing information about Dr. John Pitman for the purpose of blackmailing / extorting him into recanting / changing his testimony. ANNA RICHTER and TRACEY RICHTER discussed Dr. John Pitman’s personal finances. TRACEY RICHTER said something about ED MAGEDSON and DARREN MEADE, and that “how someone found where he was living.” TRACEY RICHTER told ANNA RICHTER to create the website “JeremyCollins.com.” Jeremy Collins is another State’s witness. [SW p. 94] ANNA RICHTER said Michael Roberts would not be able to get the derogatory information removed from RIPOFF REPORT because RIPOFF REPORT does not remove its complaints. ANNA RICHTER said she had to go home and scan certain documents into her computer, which the two had previously discussed, and to give them to DARREN MEADE. ANNA RICHTER listed off the derogatory information about Michael Roberts she planned to publish on the internet. [SW p. 94] On March 9, 2014, during a prison visit between ANNA RICHTER told TRACEY RICHTER, ANNA RICHTER said something to TRACEY RICHTER about something ED MAGEDSON and / or DARREN MEADE had recently said. ANNA RICHTER said ED MAGEDSON gave her transcripts of the testimony Michael Roberts’ gave in a deposition in Michael Roberts and ED MAGEDSON’s civil case in Arizona. ANNA RICHTER stated she received other items from DARREN MEADE about Michael Roberts. ANNA RICHTER stated she e-mailed ED MAGEDSON and talked to DARREN MEADE about proving the location of IP addresses belonging to Michael Roberts (assumedly, the IP addresses from which Michael Roberts posted comments on RIPOFF REPORT). Towards the end of the visit, TRACEY RICHTER said something to ANNA RICHTER about destroying Michael Roberts socially and professionally. Later, the two discussed finding another way to reach Michael Roberts’ wife, Dr. Heidi Forsbacka, and publishing defamatory / derogatory information about her on the internet. TRACEY RICHTER directed ANNA RICHTER E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 256. to give ED MAGEDSON a list of the information ED MAGEDSON should request of Michael Roberts through the civil discovery process to get information about Michael Roberts’s wife, Heidi Forsbacka (aka Heidi Roberts) (Michael Roberts and ED MAGEDSON were / are currently engaged in civil litigation). TRACEY RICHTER told ANNA RICHTER that Michael Roberts might “back off” if ED MAGEDSON requested certain information from / about Michael Roberts’s wife. ANNA RICHTER stated that State’s witnesses committed perjury when they testified against TRACEY RICHTER. [SW p. 95] On March 15, 2014, ANNA RICHTER told TRACEY RICHTER she e-mailed ED MAGEDSON the other day about something having to do with Michael Roberts. ANNA RICHTER said something about ED MAGEDSON emailing DARREN MEADE about something having to do with Michael Roberts. [SW p. 96] On March 16, 2014, ANNA RICHTER mentioned something having to do with ED MAGEDSON. ANNA RICHTER told TRACEY RICHTER how certain online articles / websites “get moved to the top [of an internet search result].” ANNA RICHTER stated she had to give something to DARREN MEADE. [SW p. 96] In another May 16, 2014, e-mail from ED MAGEDSON to DARREN MEADE, ED MAGEDSON admitted paying DARREN MEADE to help / do work associated with TRACEY RICHTER at ED MAGEDSON’s direction. [SW p. 98] In a May 17, 2014, e-mail from ED MAGEDSON (EDitor@ripoffreport.com) to DARREN MEADE (dmeade@kairos-meade.com), ED MAGEDSON said the following: “Anyone that knows you knows you’ve had an obsession to go after [Michael Roberts] for your own, and [TRACEY RICHTER] just got some of the benefits.” Later on in the above-e-mail (or another one sent on this same date) ED MAGEDSON admitted he paid DARREN MEADE to work on matters involving TRACEY RICHTER and RIPOFF REPORT. [SW p. 99] April 2012 and December 2013, there were 120 phone calls made between DARREN MEADE’s Sprint PCS mobile phone and ANNA RICHTER’s Verizon Wireless phone No. (515) 401-8926, totaling approximately 43 hours of total talk time. [SW p. 108] On September 26, 2013, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON filed a lawsuit against Michael Roberts. TRACEY RICHTER stated she cannot imagine ED MAGEDSON would be intimidated by Michael Roberts. ANNA RICHTER said Michael Roberts had made ED MAGEDSON angry. [SW p. 77] On October 13, 2013, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON asked ANNA RICHTER to tell TRACEY RICHTER to report the results E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 257. of her custody / child support proceeding with Michael Roberts, back to ANNA RICHTER, so that ANNA RICHTER could relay the same to ED MAGEDSON. TRACEY RICHTER asked ANNA RICHTER whether “there was anyone else who wanted her lawyer to ask a specific question of Michael Roberts while he was under oath.” ANNA RICHTER said she had already discussed this possibility with TRACEY RICHTER’s fiancé, RUSSELL SCHERTZ. [SW p. 78] On October 17, 2013, ANNA RICHTER told TRACEY RICHTER she found out that Michael Roberts had never been an FBI informant. TRACEY RICHTER asked whether they could get tangible proof that Michael Roberts had never been an FBI informant. ANNA RICHTER said the information was from a “very reliable source,” and she would get more information about this once “she [got] some other stuff back.” Later, ANNA RICHTER said the information came from an FBI SA. ANNA RICHTER said ED MAGEDSON wanted TRACEY RICHTER to report the outcome of her custody hearing to ANNA RICHTER, so that ANNA RICHTER could relay the same to ED MAGEDSON. ANNA RICHTER said ED MAGEDSON had given her documents to give to TRACEY RICHTER, and that she would be sending them to TRACEY RICHTER. TRACEY RICHTER said “someone” had been trying to contact ANNA RICHTER, but that this “someone” must not have ANNA RICHTER’s correct e-mail address. TRACEY RICHTER said she would have her fiancé, RUSSELL SCHERTZ, check with this “someone” tomorrow to see if the “someone” had ANNA RICHTER’s correct contact information. TRACEY RICHTER said ANNA RICHTER knew this “someone.” [SW pp. 78-79] On October 18, 2013, TRACEY RICHTER told ANNA RICHTER to tell ED MAGEDSON that Michael Roberts was served with that “thing” (ED MAGEDSON’s / RIPOFF REPORT lawsuit against Michael Roberts) when he appeared at the Buena Vista County Courthouse for their hearing on the contempt / child support matters. [SW p. 79] On October 24, 2013, ANNA RICHTER told TRACEY RICHTER she was not certain whether anything came out during the contempt proceedings that would be helpful to ED MAGEDSON. ANNA RICHTER said TRACEY RICHTER’s custody / child support attorney gave ANNA RICHTER permission for ED MAGEDSON to call the attorney on his mobile phone. TRACEY RICHTER directed ANNA RICHTER to get certain information from ED MAGEDSON about Michael Roberts. [SW p. 81] On February 8, 2014, during a prison visit between TRACEY RICHTER and ANNA RICHTER, TRACEY RICHTER and ANNA RICHTER mentioned, by full name, and discussed the DOT employee who processed TRACEY RICHTER’s change of name form in 2010, and who later told law enforcement that TRACEY RICHTER had E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
  • 258. presented the forged court decree as proof her name had been legally changed. Then, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON wanted her (TRACEY RICHTER) to give him certain information about Michael Roberts. ANNA RICHTER said ED MAGEDSON had been after her (ANNA RICHTER) [to do or get something]. ANNA RICHTER also said ED MAGEDSON e-mailed his (or TRACEY RICHTER’s other attorney), Victoria Ames, about something having to do with TRACEY RICHTER’s case. ANNA RICHTER asked TRACEY RICHTER whether TRACEY RICHTER’s attorney could compel Michael Roberts’s therapist to produce the reports from Michael Roberts’ therapy session. ANNA RICHTER or TRACEY RICHTER stated that they would have to tell the doctor / therapist that the report(s) are needed for TRACEY RICHTER’s pending civil litigation with Michael Roberts (child support contempt action) [when really they planned to give it to ED MAGEDSON / RIPOFF REPORT for the purposes of publishing it in a RIPOFF REPORT complaint and / or for RIPOFF REPORT to use in its pending litigation against Michael Roberts]. TRACEY RICHTER said they would ask one of TRACEY RICHTER’s attorney to subpoena the confidential reports from Michael Roberts’s therapist. ANNA RICHTER said getting this report would really help ED MAGEDSON in his lawsuit against Michael Roberts. Later in this conversation, TRACEY RICHTER told her mother to ask DARREN MEADE how to make a website more visible on an internet search (e.g., Google, Bing, Yahoo!, etc.) results. [SW p. 90] ANNA RICHTER told TRACEY RICHTER that complaints that are published on RIPOFF REPORT are never taken down. Later, ANNA RICHTER told TRACEY RICHTER she discussed the $25,000 reward RIPOFF REPORT / ED MAGEDSON had offered for information leading to TRACEY RICHTER’s exoneration; specifically, ANNA RICHTER told ED MAGEDSON they needed to advertise the reward in and around Sac County, Iowa. [SW p. 92] E-FILED 2014 AUG 11 9:43 AM SAC - CLERK OF DISTRICT COURT
Please download to view
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
...

Adam Kunz and Ed Magedson hard at work

by paladinpi

on

Report

Category:

Law

Download: 0

Comment: 0

819

views

Comments

Description

Adam Kunz COO of Xcentric Ventures dba Ripoff Report and of counsel to Jaburg & Wilk participating in witness tampering and extortion payout...again.
Download Adam Kunz and Ed Magedson hard at work

Transcript

  • 1. DISTRICT CuuiVi OF IOWA SAC COUNTY FILED IN THE IOWA DISTRICT COURT IN AND FOR SAC C O U N T Y ^ JUL - 9 AH 8= 08 (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE RESIDENCE AT 4221 1 5 5 T H STREET, URBANDALE, IOWA 50323 SEARCH WARRANT APPLICATION COMES NOW, the State of Iowa, through Sac County Attorney (SCA) Ben Smith, and being duly sworn on oath, states the following: That at 4221 155™ STREET, URBANDALE, IOWA 50323, the residence of ANNA RICHTER, at which there are computers and other electronic storage devices that contain information / documents (digital media) all of which are identified in Attachments A and B to this Search Warrant Application and / or were used to facilitate / commit the crimes listed in the Affidavit. That said property / information is relevant and material as evidence in a criminal prosecu- tion. That the facts establishing the foregoing ground(s) for issuance of a search warrant are as set forth in the affidavit and attachments, which, by this reference, are made by part of this Search Warrant Application. WHEREFORE, the undersigned asks that a Se; •t-be issued. EN SMITH SAC COUNTY ATTORNEY Subscribed and sworn to before me July l
  • 2. IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY (Magistrate Division) IN THE MATTER OF AN APPLICATION FOR A SEARCH WARRANT FOR THE SEARCH WARRANT APPLICATION: RESIDENCE AT 4221 1 5 5 T H STREET, AFFIDAVIT URBANDALE, IOWA 50323 COMES NOW, Sac County Attorney (SCA) Ben Smith, and being duly sworn on oath, states the following: Your applicant has been the elected prosecutor in Sac County, Iowa, for close to four years. The Iowa Supreme Court has found that the County Attorney can apply for a search warrant. State v. Jensen, 189 N.W.2d 919 (1971) Three years prior, your applicant worked for the Iowa Attorney General's Office as an Assistant Attorney General (AAG) assigned to represent the State of Iowa's Child Support Recovery Unit. In the last three years, your applicant has drafted numerous search warrants, and has conducted numerous county attorney investigations per Rule 2.5(6), including, two "cold case" homicide / murder investigations, both of which resulted in arrests being made. The investigation into these matters began in April 2012, when your affiant was first contacted by Laguna Beach, California, resident DARREN MITCHELL MEADE (DOB: January 3, 1967). During this investigation, your applicant listened to hundreds of hours of recorded phone conversations between TRACEY RICHTER and her friends and family, which made from either the Sac County Jail in Sac City, Iowa, or the Iowa Women's Prison in Mitchellville, Iowa, as well as audio recordings of conversations between TRACEY RICHTER and her family and friends during their prison visits. Additionally, your applicant has issued over 100 Rule 2.5(6) County Attorney Investigatory Subpoenas Duces Tecum in furtherance of this investigation and has obtained and reviewed thousands of documents, and has spoken with numerous witnesses. In total, your applicant has spent well over 1,500 hours investigating / working on this case. The facts alleged and information contained in this affidavit come from your affiants personal observations, training, experience, and research, as well as the same from other law enforcement officials / investigators and licensed private investigators. The facts alleged and information contained herein are made and set forth to the best of my ability with the information available to me at the time. Your applicant has given his best efforts to ensure the information contained in this application is accurate and reliable, however, considering the incredible complexities and the general subject matter ofthe case, it is possible for there 2
  • 3. to be inadvertent, factual inaccuracies. Lastly, this affidavit is intended to show merely that there is sufficient probable cause for the requested warrant and DOES NOT set forth all of my knowledge about this matter. Your applicant is actively investigating the following crimes: Ongoing Criminal Conduct, a Class "B" Felony (IOWA C O D E § 706A.2); Conspiracy, a Class "D" Felony (IOWA C O D E § 706.1); Solicitation, a Class "D" Felony; Extortion (IOWA C O D E § 705.1), a Class "D" Felony (IOWA C O D E § 711.4); and Witness Tampering, an Aggravated Misdemeanor (IOWA C O D E § 720.4), Facilitation of A Criminal Network By Attempting To Induce A Witness" commits a Class "B" Felony. IOWA C O D E § 706A.2 (2013) I make this affidavit in support of an application for a search warrant for the items and information set forth in Attachments A and B to this Search Warrant Application. IMPORTANT NOTE ABOUT THE CHRONOLOGY OF EVENTS AS OUTLINED IN THIS AFFIDAVIT: Where possible, the events described herein are laid out in strict chronological order. However, due to the complexity of the case, and the number of different timeline arcs, in some instances, a series of related events that extend over long periods of time are nested together so as to improve comprehension and readability; thereafter, the normal timeline will resume. Consequently, the last incident described in a nested event may be for a date that comes after the next incident described in the general timeline. Unless specifically stated otherwise, all conversations referenced herein, to which TRACEY RICHTER is a party, were initiated by TRACEY RICHTER from a prison phone at the Iowa women's prison in Mitchellville, Iowa. TRACEY RICHTER and Dr. John Pitman were married on or around August 14, 1988. On February 1, 1990, TRACEY RICHTER (then Tracey Pitman) gave birth to Dr. John Pitman's son, BERT PITMAN. On or around June 1992 not long after Dr. John Pitman believed TRACEY RICHTER tried to kill him for the second time, the two separated. Shortly after their separation, TRACEY RICHTER filed for divorce from Dr. John Pitman. Not long into their divorce proceedings, TRACEY RICHTER, accused Dr. John Pitman of molesting their son, BERT PITMAN. Soon after TRACEY RICHTER made this accusation, flyers were placed on most of the cars at Northwestern Memorial Hospital, the hospital Dr. John Pitman was working for at the time, which stated that Dr. John Pitman had been found to be a child molester. TRACEY RICHTER later said she did not place the flyers on the car, but the person who did was someone with whom she was close. TRACEY RICHTER and Dr. John Pitman's divorce proceedings lasted close to six years. During the proceedings, Dr. John Pitman was able to prove, among many other things, that a signature purporting to be his that was affixed to an insurance policy taken out on his life 3
  • 4. was forged. Later in these proceedings it was proven that TRACEY RICHTER had falsely accused Dr. John Pitman of molesting BERT PITMAN. Despite the foregoing, when the divorce / custody matters were finalized, the two stipulated that they would split joint legal custody, that TRACEY RICHTER would be the primary physical caretaker, and that Dr. John Pitman would get liberal visitation rights. TRACEY RICHTER and Michael Roberts were married in Australia in 1996. Michael Roberts, an Australian, moved to the United States (Chicago, Illinois) after he married TRACEY RICHTER. Two children, N.R. and M.R., were born to their marriage. N.R. and M.R. are dual citizens ofthe United States and Australia. In 1998, TRACEY RICHTER, Michael Roberts, BERT PITMAN, and N.R. moved from Chicago, Illinois, to Early, Iowa (Sac County). In 2000, TRACEY RICHTER again accused Dr. John Pitman of molesting BERT PITMAN. Dr. John Pitman responded by asking the courts for full custody of BERT PITMAN. Following a thorough investigation, it was determined that TRACEY RICHTER's new sex abuse allegation against Dr. John Pitman was unfounded, possibly fabricated. On December 13, 2001, days before the custody modification proceedings were set to begin, TRACEY RICHTER shot and killed 20-year-old Dustin Wehde after she was allegedly attacked in her home by Dustin Wehde and an unknown second intruder who escaped (although, when law enforcement first arrived at the scene, TRACEY RICHTER told them there had been three intruders). The evidence recovered at the scene indicated TRACEY RICHTER, using two different pistols, fired eleven shots at Dustin Wehde, nine of which struck him. The autopsy of Dustin Wehde's body revealed three of these nine shots entered through the back of his head in a tightly grouped pattern. A blood spatter expert would later testify the last ofthe three shots fired into the back of Dustin Wehde's head was fired fifteen minutes after the first two while his head was resting on the ground. Hours after this incident, law enforcement found a pink spiral notebook in Dustin Wehde's car. The notebook contained what appeared to be a journal or diary in Dustin Wehde's handwriting, in which Dustin Wehde had written that he was hired by Dr. John Pitman and Dr. John Pitman's divorce / custody attorney, Stephen Komie, to stalk, harass, and ultimately murder TRACEY RICHTER, BERT PITMAN, as well as other bits of information that suggested Dr. John Pitman was ultimately responsible for this (alleged) home invasion / attempt on TRACEY RICHTER's life. Additionally, notebook contained a series of numbers. The few law enforcement officials who knew of the notebook's existence, decided not to disclose its existence to anyone, including TRACEY RICHTER. 4
  • 5. About two months after she shot and killed Dustin Wehde, TRACEY RICHTER told her then-friend, Mary Higgins, that law enforcement had told her (TRACEY RICHTER) it found a notebook in Dustin Wehde's car that proved Dr. John Pitman was behind the attack, and that Dr. John Pitman was going to be arrested soon. Dr. John Pitman was never arrested, and law enforcement did not publicly disclose the notebook's existence until after TRACEY RICHTER was arrested for murdering Dustin Wehde. However, as discussed below, in the ten years between Dustin Wehde's murder and TRACEY RICHTER's arrest for his murder, TRACEY RICHTER would openly discuss the notebook and its contents. On February 13, 2002, TRACEY RICHTER sent a letter to Lieutenant Dennis Cessford, the Sac County Sheriffs Deputy ("LT Cessford") assigned to investigate Dustin Wehde's death. In this letter, TRACEY RICHTER asked the Deputy whether law enforcement had interviewed Dr. John Pitman, and provided a list of reasons why TRACEY RICHTER believed Dr. John Pitman and his attorney, Stephen Komie, could be responsible for the alleged home invasion. TRACEY RICHTER also told the Deputy that she would be able to identify the alleged second intruder if shown his picture. On February 15, 2002, TRACEY RICHTER wrote the following in an e-mail to LT Cessford: [Dr. John Pitman] may be required to come in for a deposition [in their custody proceedings] in the near future. If we can get him in, we will let you know. If you want to speak in confidence to my attorney, and give her some questions to ask [Dr. John Pitman], we will. I doubt he will agree to an interview. [Dr. John Pitman] has not contacted [BERT PITMAN since the alleged home invasion], which is strange. On February 21, 2002, TRACEY RICHTER REFUSED to assist investigators in developing a composite sketch of the second individual she alleged had invaded her home with Dustin Wehde on December 13, 2011, and attacked her. On March 20, 2002, TRACEY RICHTER asked LT Cessford where law enforcement had any information that connected Dr. John Pitman to Dustin Wehde. On June 9, 2002, TRACEY RICHTER wrote the following in a letter to LT Cessford: "Are you in a position to reveal to us the nature of the link between Steven Komie and the Wehde household? On November 28, 2002, Dustin Wehde's father, Brett Wehde, committed suicide near his son's (Dustin Wehde) In a note he left behind, Brett Wehde wrote that his "heart was broken" on [December 13, 2001], the day TRACEY RICHTER shot and killed Dustin Wehde, and that [he cried] every day since [December 13, 2001]. On December 30, 2002, TRACEY RICHTER wrote a letter to Mona Wehde (Dustin 5
  • 6. Wehde's mother and Brett Wehde's wife) wherein TRACEY RICHTER accused Mona Wehde of conspiring with Dr. John Pitman to have Dustin Wehde attack her, and chastised Mona Wehde for being a horrible wife to her late husband, On October 13, 2003, Dustin Wehde's Estate filed a wrongful death lawsuit against TRACEY RICHTER. Wehde Estate v. Tracey [Richterl, Sac County District Court, Case No. LACV018486. On April 23, 2004, Michael Roberts filed for divorce from TRACEY RICHTER. Michael Roberts v. Tracey [Roberts], Buena Vista County District Court, Case No. CDCD002755. TRACEY RICHTER was given temporary custody of their children, N.R. and M.R. Much like TRACEY RICHTER's divorce with Dr. John Pitman, the custody / divorce proceedings that followed Michael Roberts and TRACEY RICHTER's separation were contentious and protracted. On May 18, 2004, TRACEY RICHTER came into the Sac County Sheriffs Office, and asked to speak with Sac County Sheriff Ken McClure. The following is Sheriff Ken McClure's report regarding this incident: Tracey [Richter] told me she had some information that she felt I needed to know. Tracey [Richter] told me that her husband, Michael Roberts, talks in his sleep, and while he talks in his sleep, Tracey is able to ask him questions. TRACEY RICHTER told me that on numerous occasions, Michael would talk about a journal and how this journal would "cover his ass." TRACEY RICHTER also said that Michael Roberts told her [in his sleep] that the contents of this journal concerned Tracey [Richter's] ex-husband John Pittman. When talking about the Journal, Tracey [Richter] would cry and talk about for short time, and then she would start talking about something else. Tracey [Richter] said that she asked Michael about where this journal was because she had never seen it. Tracey [Richter] told me that [Michael Roberts] told her while he was sleeping that last time he saw the Journal, Dustin had it. On another occasion, Tracey [Richter] said that [Michael Roberts] was talking in his sleep about how in case they got caught, [the journal] would cover him. Tracey [Richter] told me that when she asked who these people were, Michael became coherent and woke up. Tracey [Richter] said that she had even on one occasion awakened her son BERT [PITMAN], and had him come into the bedroom and listen to Michael Roberts talking in his sleep about this journal.. Tracey [Richter] said she had never seen this journal. On May 19, 2004, TRACEY RICHTER left the following in a voicemail to one of Michael Roberts's co-workers: I mean if [Michael Roberts] wants to be with someone else just say he wants to be with someone else, but don't try to turn me (TRACEY RICHTER) into a monster by saying that I'm trying to kill him and all of this horrible ridiculous stuff. I am now convinced that he did have something to do with the attack and I am convinced based on his behavior...that he 6
  • 7. absolutely refuses to pay any child support...he refuses to pay the maintenance that he agreed to pay me...the fact that he is making up these horrendous, horrible stories about me trying to kill him...the fact that he is, you know, doing sneaky stuff with [their business] to protect his assets... I don't know who he is and I do now believe, I just met with the sheriff urn last week, I do believe now with all of my heart that he had something to do with the attack on me, because he has become a complete stranger to me, you know, if he doesn't want to be with me just say that he's in love with someone else, he wants to start a new life...but don't make up these ridiculous stories about me... and I am now convinced and that is the tool that I will be using against him because I will use his own actions against him, I don't have to make stuff up about him, I will make sure that because of everything that he has done... that he pays for his crimes... he pays for the attack on me and that he ultimately will go to jail and that the rest of his life will be spent in jail as the result of trying to have me killed... he has proved himself to be mentally unstable person, he has proved himself to be a stranger, and I am now convinced that he did have something to do with it and I will make sure if there is anything in my power that's honest and truthful, you know, to make sure, I'm not going to lie or anything like that, but to make sure that he does pay for his sins and that he suffers the consequences of his actions...you know, unless he were all of a sudden to have a change of heart and apologize and say that all of this stuff that he has been doing that he's been behaving and doesn't know what it is...he's a stranger to me, and that he's a monster and that... he's a danger and a menace to society to have him out there... that also means letting everyone in (inaudible) know that he was involved in the attack. On March 2, 2005, because Dustin Wehde's Estate ran out of money to take the case to trial, and because TRACEY RICHTER was judgment proof, the Dustin Wehde's Estate moved to dismiss its wrongful death case against TRACEY RICHTER. On March 2, 2005, the same day the civil wrongful death lawsuit against her had been dismissed, TRACEY RICHTER wrote the following in an e-mail to Sac County Sheriff Ken McClure: I heard from one of our experts that a notebook of Dustin's was found that contained notes about me. Is there any chance of my attorney getting a copy. It may be relevant to our divorce case. If you are worried that confidential information might get released, we can agree to have the Judge review the item in chambers and decide if it is related. On March 3, 2005, TRACEY RICHTER wrote the following in an e-mail to Sac County Sheriff Ken McClure: "I just got of the phone with [my civil attorney] who told me that Dustin Wehde's notebook contained details about the Dentist in Chicago. I never told anyone about that." On March 10, 2005, TRACEY RICHTER wrote the following in an e-mail to Sac County Sheriff Ken McClure: My lawyer in Des Moines told me that one of the DCI reports reported a daily log of 7
  • 8. Dustin's on an inventory list. When he inquired about it, he was told that it contained "disturbing personal information about me" he also was told it included "gibberish?" I was particularity upset that I had not been told about this previously. Was Dustin being paid to watch me and track my activities? If so, by, whom? Or was Dustin obsessed with me and watching me tor personal reasons? Forgive m for being upset, but finding out that you were being stalked and that you were not told about it is kind of weird. Considering the events of [December 13, 2011], I kind of think that might be related. On March 11, 2005, TRACEY RICHTER wrote the following in an e-mail to Sheriff Ken McClure: I met with Mary Higgins today. She spoke with Robin from Crossroads, who told her that the notebook was found by [Mona Wehde] in their house NOT in the car as my attorney stated. She also stated that [Mona Wehde] showed it to Robin and [Michael Roberts] before turning it in. Supposedly it contained numbers in addition to information relating to my son [BERT PITMAN] and myself. Is there any evidence to suggest the conspired together and used Dustin? They would have known Mike would be a suspect, so Dustin would eventually have to take the fall so Mike would be off the hook. I wouldn't put it past [Michael Roberts] using both of them so he would be off the hook. On March 13, 2005, TRACEY RICHTER sent the following in a facsimile to Sheriff Ken McClure: I reviewed the report and it clearly states the daily log of Dustin's was found in the car and taken to DCI. If this is true, how did [Mona Wehde] and Robyn spend days going through Dustin's notebook that was found in his home??? Are there 2? Did [Mona Wehde] ever turn hers [in to] the DCI or did she bury it because it incriminated Dustin Wehde? On March 15, 2005, TRACEY RICHTER wrote the following in an e-mail to Sheriff Ken McClure: "The second notebook that Mona found contained a bunch of numbers according to Robin at Crossroads. Could those numbers be bank account numbers? Passwords? Routing numbers? PIN's?" On July 18, 2005, TRACEY RICHTER wrote the following in facsimile to Sheriff Ken McClure and then-Sac County Attorney Earl Hardisty: "I sincerely hope you really don't believe there wasn't a second man because then you won't look for him and if you won't look for him you can't find him. You have to find him, he has all the answers." In 2008, the Court awarded TRACEY RICHTER full custody of N.R. and M.R., and Michael Roberts was given liberal visitation rights. Immediately following TRACEY RICHTER and Michael Roberts' separation in 2004, TRACEY RICHTER, her family, and her friends began a coordinated effort to publicly accuse Michael Roberts of planning the (alleged) home invasion / being criminally responsible for Dustin Wehde's death, in effort to give TRACEY RICHTER an advantage over Michael Roberts in the couple's pending divorce / custody 8
  • 9. proceedings. On December 4, 2007, TRACEY RICHTER and Michael Roberts received an interlocutory divorce. In 2008, Michael Roberts married Dr. Heidi Johanna Forsbacka (aka Heidi Roberts). Michael Roberts has alleged that TRACEY RICHTER attempted to kill him three times in the four years that followed their separation. In fact, the State of Iowa's victim's compensation program reimbursed Michael Roberts for damages he sustained as a result of one of these three alleged attempts. On or around October 22, 2007, during one of their numerous hearings in Buena Vista County District Court Case No. CDCD002755, TRACEY RICHTER entered a letter into evidence which she testified was sent to her by the Consulate General of Finland in Los Angeles. The letter said that the Consulate General of Finland had forwarded documents sent to it by TRACEY RICHTER concerning the legality of Michael Roberts' marriage to Dr. Heidi Forsbacka (citizen of Finland). The letter further stated that "falsifying documents and committing fraud to obtain a Finnish visa or commit bigamy is a serious criminal offense for both Mr. Roberts and Dr. Forsbacka." TRACEY RICHTER testified at this hearing that this letter was genuine and that she received it in the mail or by fax. On November 8, 2007, the real Consulate General of Finland provided a letter stating that the above-mentioned letter purporting to be from the Consulate General of Finland, which TRACEY RICHTER entered into evidence, was fraudulent. On January 31, 2008, the Court entered its final order in Michael Roberts and TRACEY RICHTER's custody / child support case (a year or two prior, the Court entered an order legally divorcing the two). Although the Court awarded TRACEY RICHTER primary custody of N.R. and M.R., the Court stated the following in its findings: Tracey is very deviceful; She usually has a plan or scheme to effect a purpose. The following incidents establish crafty schemes by Tracey: (a) One week after Michael filed the petition for dissolution of marriage, Tracey filed a petition for relief from domestic abuse. As a result of the filing of this petition, a temporary protective order was entered. No evidentiary hearing was ever held to establish that Michael committed domestic abuse assault, as asserted by Tracey. The timing of the petition for relief from domestic abuse, filed by Tracey, and her failure to proceed to final hearing on her petition, leads the Court to believe that Tracey used this process in an attempt to gain advantage over Michael on the custodial issue; (b) Tracey has made attempts to establish that Michael has committed child abuse. Michael admits that he had in the past hit Noah on the buttocks with a light stick. He admits that this was inappropriate. This was reported to DHS and resulted in an unfounded report. At the trial on the custodial matter, Tracey did not contend that this activity constituted child abuse. In fact, 9
  • 10. she conceded that it was not child abuse. Later, Tracey made vigorous attempts to obtain a founded report as a result of this incident; (c) All three children were attending St. Mary's School. Noah had a bruise on his back. Bert went to Noah's teacher and told her about the bruise on Noah's back. The teacher is a mandatory reporter, and a report was made to the Department of Human Services. An investigation was conducted. Noah informed both the teacher and the caseworker for the Department of Human Services that the mark on his back was the result of a bicycle accident. This resulted in an unfounded report. Tracey, instead of making a report of child abuse on Noah, as a result of the bruise on his back, involves her son Bert and has him bring this to the attention of Noah's teacher. Tracey knew this would result in an investigation being conducted. It is quite apparent Tracey knew all along the source of Noah's injury; (d) When Tracey was made aware that Michael had a favorable report regarding custody from Bethany Christian Services, she made complaints to Bethany personnel to attempt to change the report. The involvement with Bethany was made by Michael to determine his capabilities of being a custodial parent. It was not his intent that Tracey be involved in the preparation of the report, but by complaining she convinced other personnel of Bethany that she should be interviewed as well as her supporters. On or around July 17, 2008, TRACEY RICHTER alleged there was a website that contained a nude image of TRACEY RICHTER and that Michael Roberts and or his wife, Dr. Heidi Forsbacka was responsible. The image was of a nude female with TRACEY RICHTER's face photo shopped on top of the picture of the nude female. It was later determined that TRACEY RICHTER used Michael Roberts' checking account to create the website on which this photo shopped image was published. Although no criminal charges (identity theft) were filed against TRACEY RICHTER, following a forensic examination of her computer that law enforcement seized from her apartment in May 2009, pursuant to a search warrant, law enforcement found the original digital image was used to create the nude photo shopped image of TRACEY RICHTER that was published on the website she In the middle of 2008, TRACEY RICHTER and her and Michael Roberts' children, N.R. and M.R. moved to Omaha, Nebraska. Shortly thereafter, Michael Roberts moved to nearby Papillion, Nebraska, to be close to his children. On December 29, 2008, TRACEY RICHTER wrote the following in an e-mail to Iowa Division of Criminal Investigation (DCI) Special Agent (SA) Trent Vileta (SA Vileta): "[Michael Roberts] told me about a premonition from God that would solve all our problems. He said that Mona would find proof that John Pitman tried to kill me and this would allow both Mona and Mike to sue John Pitman." On January 27, 2009, Michael Roberts received a temporary restraining order against TRACEY RICHTER from the Sarpy County District Court. On January 29, 2009, Michael Roberts was actively participating in the State of Nebraska's Victims of Domestic 10
  • 11. Abuse Address Confidentiality Program, which, among other things, provided him with a State Government mailing address, which allowed him to keep his residential address a secret. On February 6, 2009, TRACEY RICHTER wrote the following in an e-mail to DCI SA Vileta: Once when [Michael Roberts] was working with [Dustin Wehde] and supposedly "encouraging" him to write, he had him write about being a hitman. Oh, great! That's a really good idea. We now know that [Michael Roberts] knew [Dustin Wehde] was violent. [Michael Roberts's admits it. Let's encourage him to fantasize about killing for hire. Yes, let's glamourize unthinkable behavior. On April 19, 2010, TRACEY RICHTER was convicted of felony fraud in the Douglas County District Court, Omaha Nebraska. State v. Richter, Douglas County (Omaha, Nebraska) District Court Case No. CR 09 13186. On or around July 27, 2010, TRACEY RICHTER was convicted of felony perjury in the Clay County District Court in Iowa. State v. Richter, Clay County District Court Case No. FECR014399 Sometime in 2010, TRACEY RICHTER reported to the FBI that Michael Roberts had once been a close personal friend and associate of alleged international super cyber criminal JULIAN ASSANGE, the founder ofWikileaks.org, and that the two had engaged in all sorts of nefarious conduct. On June 7, 2011, the FBI interviewed TRACEY RICHTER about her allegations concerning Michael Roberts' supposed relationship with JULIAN ASSANGE. During the interview, TRACEY RICHTER began discussing the December 13, 2011, (alleged) home invasion and shooting death of Dustin Wehde. Specifically, TRACEY RICHTER told the FBI SA that she had a friend in Early, Iowa, named Mary Higgins. TRACEY RICHTER said that Mary Higgins and TRACEY RICHTER had a conversation about Dustin Wehde's attack on TRACEY RICHTER some time after the attack. TRACEY RICHTER said that Mary Higgins told her somebody involved in the investigation told her (Mary Higgins) that the police found a "diary or journal" during their investigation, which contained personal information regarding TRACEY RICHTER. TRACEY RICHTER said Mary Higgins did not say who it was involved in the investigation who told her (Mary Higgins) this information. On July 14, 2011, TRACEY RICHTER again told an FBI SA that Mary Higgins was told by somebody associated with the aforementioned investigation that the police found a journal, and that the journal contained personal information about TRACEY RICHTER. On July 27, 2011, TRACEY RICHTER was arrested for the December 13, 2001, murder of 20-year-old Dustin Wehde. State v. Richter, Sac County District Court Case No. i l
  • 12. FECR011900. The Sac County Sheriffs criminal complaint and arrest warrant alleged TRACEY RICHTER had knowledge of a piece of evidence that was found in Dustin Wehde's car following the murder / alleged home invasion, the existence of which was never publicly disclosed by law enforcement. The complaint further alleged the following: [TRACEY RICHTER's] communications with law enforcement and other individuals since the murder strongly indicates [TRACEY RICHTER] not only had knowledge this piece of evidence existed, but that she manufactured and planted the same in Wehde's vehicle after the murder to make it appear as if Wehde was a home invader. Specifically, and most recently, [TRACEY RICHTER] discussed this piece of evidence in detail with the FBI. Additionally, a witness has recently come forward and has [said that TRACEY RICHTER] described this piece of evidence to the witness in early 2002. The day TRACEY RICHTER was arrested, TRACEY RICHTER's mother, ANNA RICHTER, said the following in a message she left on the Sac County Attorney's Office answering machine: "You have destroyed a family," and "I have nothing left to lose." In the days that followed TRACEY RICHTER's arrest for Dustin Wehde's murder on July 27, 2011, while in the Douglas County Jail, TRACEY RICHTER directed her fiance, RUSSELL SCHERTZ, and mother, ANNA RICHTER, to contact State's witness Mary Higgins. TRACEY RICHTER told ANNA RICHTER and RUSSELL SCHERTZ that Mary Higgins had once told her about a journal implicating her first husband, Dr. John Pitman, in the alleged December 13, 2001, home invasion. ANNA RICHTER repeatedly tried to contact Mary Higgins in the weeks that followed TRACEY RICHTER's arrest. On July 28, 2011, while in the Douglas County (Omaha, Nebraska) Jail, TRACEY RICHTER and ANNA RICHTER had the following conversation: TRACEY RICHTER: Yeah. I think - but I do think it's important that you call Mary Higgins because - see, and then it says about- that I discussed the evidence in detail with the FBI. And I didn't — I don't think I discussed anything in detail with the FBI - ANNA RICHTER: It's just really weird. It's just - I tried calling [Mary Higgins] and nobody answered. And she has - she doesn't have an answering service. So I'll try calling tonight. TRACEY RICHTER: Because the only - the only evidence that - like - the only evidence that I learned about afterwards from - Mary Higgins told me that someone she knew close to the case, urn, told her that they found something that Dustin had like - I don't know - notes or a diary or something with information in it about me. That was it. Then, TRACEY RICHTER's fiance, RUSSELL SCHERTZ, got on the phone, and TRACEY RICHTER told him the following: 12
  • 13. But when I read [the criminal complaint], I'm like trying to rack my brain to think what it could be, like what - the only thing I can talk about - I mean think about that the FBI guy asked me about specifically was he asked me about something my girlfriend Mary Higgins told me about, which was that someone told her close to the case that they had found something, and but - and I remember being - sitting at my mom's when she called me about that. But I don't remember if it was like - because after the attack, I spent some time at my mom's (ANNA RICHTER). But I don't remember if it was then or if it was much later, like sometime after [Michael Roberts] and I separated and we were like visiting my mom. Towards the end of the conversation, TRACEY RICHTER again told RUSSELL SCHERTZ to have her mother, ANNA RICHTER, contact State's witness Mary Higgins: Yeah. And make sure - make sure my mom calls Mary Higgins and finds out who told her, urn, about what she had told me about; okay? - Yeah. And tell my mom to tell her it's not a question of someone getting in trouble. This is - this is a big deal now, you know. RUSSELL SCHERTZ asked TRACEY RICHTER, "and you want me to ask [Mary Higgins] what?" And TRACEY RICHTER gave the following answer: [Mary Higgins needed to tell RUSSELL SCHERTZ and ANNA RICHTER] who told [Mary Higgins] about what she told [TRACEY RICHTER] about. - And that [ANNA RICHTER] needs to stress [to Mary Higgins] that it's important, because like if they're going to say I knew about something that I shouldn't have known about and so then that by default means that I was involved, I mean Mary needs to come forward and say who said it to her. In one of the phone calls she made from the Douglas County Jail (Omaha) while awaiting extradition to Iowa, TRACEY RICHTER tried to get her mother, ANNA RICHTER, to agree that ANNA RICHTER was present when Mary Higgins told TRACEY RICHTER about the notebook. Later, during TRACEY RICHTER's murder trial, ANNA RICHTER attempted to testify to this. In the week that followed this conversation, ANNA RICHTER called the Higgins' residence numerous times, but no one answered or returned ANNA RICHTER's calls. Since this arrest, TRACEY RICHTER has been continuously incarcerated in either the Douglas County Jail, Sac County Jail, or an Iowa prison. On August 5, 2011, Sac County Attorney (SCA) Ben Smith filed the Trial Information against TRACEY RICHTER. State v. Richter, Sac County District Court Case No. FECR011900. SCA prosecuted and Assistant Attorney General (AAG) from the Iowa Attorney General's Office, prosecuted the case. On August 6, 2011, BERT PITMAN said the following to Donna Bistrican in a Facebook message: I am in Chicago right now. I would love to see you. Is [your home] on the way to Omaha? In response, Donna Bistrican told BERT PITMAN not to Omaha until TRACEY 13
  • 14. RICHTER's lawyers [told BERT PITMAN it was okay to do so]." Donna Bistrican then told BERT PITMAN to call her. Immediately following TRACEY RICHTER's arrest, Michael Roberts took custody of their children, N.R. and M.R., and moved to California where he was enrolled in the State of California's victim protection program. Save for a few monitored calls Michael Roberts allowed TRACEY RICHTER to have with their children, Michael Roberts did not allow TRACEY RICHTER and her family to have any contact / communication with his children, mostly because TRACEY RICHTER and her family continued to blame Michael Roberts for TRACEY RICHTER's plights. In the few instances where he did allow TRACEY RICHTER to speak to the children over the phone, he had to abruptly end the calls because TRACEY RICHTER, rather than engage her children in a meaningful, motherly conversation, instead probed them for information and details as to their current whereabouts. On November 7, 2011, a Webster County, Iowa, jury convicted TRACEY RICHTER for the first degree murder of Dustin Wehde. The following non-exhaustive list of persons either were listed as witnesses in the State's Trial Information and / or testified against TRACEY RICHTER at her murder trial: Dr. John Pitman, Mary Higgins, Mona Wehde, Ashley Wehde, Raymond Friedman, Marie Friedman, Michael Roberts, and Jeremy Collins (collectively "State's witnesses"). As mentioned earlier, during the trial, ANNA RICHTER tried to testify that Mary Higgins was the one who told TRACEY RICHTER about the existence of the pink spiral notebook (not the other way around as Mary Higgins had testified). ANNA RICHTER was not able finish her story because the State made a hearsay objection to the question / her answer, which the Court sustained. On December 3, 2011, just days before she was to be sentenced, TRACEY RICHTER and her mother, ANNA RICHTER, were caught trying to solicit fraudulent testimony from this convicted child molester in effort to get TRACEY RICHTER a new murder trial. Specifically, TRACEY RICHTER wrote the following in letters to the convicted child molester: "I pray for a miracle and [interviewed with] [Dateline NBC] hoping it would cause someone to come forward with helpful information"; "You need to understand that I am guarded. I used to...trust people until they gave me a reason not to trust them. That has changed. Now my trust must be earned over time and actions speak louder than words"; "I'm not sure whether your friend was following the [murder case] out of sheer curiosity or he knows something. If he does [tell him] the statute of limitations has run out on assault and burglary so he has nothing to lose if something feels bad and wants to come forward [and] wants to do the right thing"; "there is the possibility there was a 'lookout' person [in addition to the three others TRACEY RICHTER alleged were responsible for Dustin Wehde's murder], too. My lawyer has the contact details [for Dateline NBC] if your friend knows anything he wants to share. 14
  • 15. I'm sure God would bless anyone brave enough to come forward." On December 5, 2011, TRACEY RICHTER was sentenced to life in prison without the possibility of parole. As demonstrated below, beginning December 2011 / January 2012, through as recently as June 23, 2014, DARREN MEADE, TRACEY RICHTER, ED MAGEDSON, ANNA RICHTER, and others have been publishing defamatory and harassing stories about the State's witnesses on literally millions of webpages. These defamatory stories and comments accuse the State's witnesses of theft, perjury, fraud, computer hacking, child molestation, murder, and terrorism. DARREN MEADE DARREN MEADE is a forty-seven-year old resident of Laguna Beach, California. DARREN MEADE held the position of CEO of Progenex Dairy Bioactives, a Delaware company, from July 2010 through February 2011. During this period of time, he willfully and enthusiastically participated in a criminal conspiracy to embezzle in excess of one million dollars ofthe company's funds in pursuit of an exclusive license agreement allowing access to and the use of an illegal structure query language (SQL) injection script capable of removing online consumer complaint reports from existing "gripe" websites such as RipOffReport.com, Blogspot.com and others. On or around November 7, 2007, ADAM ZUCKERMAN was convicted for his role as the principal organizer in a fraudulent 20-plus million dollar bank leasing scheme, which the US Department of Justice (USDOJ) named "Operation Lease Fleece." Following his conviction, while awaiting sentencing for his role as the principal organizer in the aforementioned leasing scheme, ADAM ZUCKERMAN was on supervised released with U.S. Pretrial Services. http://www.justice.gov/usao/cac/Pressroom/pr2007/141.html In November 2009, Dr. Scott Connelly, unaware of ADAM ZUCKERMAN's past, entered into an investment agreement with ADAM ZUCKERMAN's company, VenturePharma, in order to raise investment capital to fuel a medical research and development venture that Dr. Scott Connelly's company, Progenex, had developed. Throughout Dr. Connelly's contact with ADAM ZUCKERMAN, which was between 2009 and 2010, ADAM ZUCKERMAN dropped his surname and used the alias "ADAM STUART" in a deliberate effort to conceal his status as a convicted felon awaiting sentencing for his role 15
  • 16. as the principal organizer in the 20-plus million dollar fraudulent leasing scheme. When ADAM ZUCKERMAN's true identity and status as a convicted felon awaiting sentencing was revealed to Dr. Scott Connelly, which was in April 2010, Dr. Scott Connelly resigned as CEO of Progenex, moved to rescind the investment deal, and initiated a series of disclosures concerning ADAM ZUCKERMAN's fraud to the Santa Ana, California branch offices ofthe United States Attorney's Office Attorney and the FBI. In an attempt to prevent his fraudulent actions from becoming known to federal authorities, ADAM ZUCKERMAN launched a preemptive, vexatious civil action against Dr. Scott Connelly to deflect his personal culpability in the creation ofthe investment fraud. When his expected result of a quick settlement and exhaustive non-disclosure agreement did not materialize, ADAM ZUCKERMAN instigated a systematic online defamation campaign against Dr. Scott Connelly in the hopes that the publication of these libelous and untruthful allegations would coerce Dr. Connelly's acquiescence to ADAM ZUCKERMAN's desired cover up. ADAM ZUCKERMAN and his felonious cohorts hired DARREN MITCHELL MEADE as Progenex's CEO to front their group's efforts to harass and intimidate Dr. Scott Connelly. DARREN MEADE would later admit in a two-day deposition that he was hired by ADAM ZUCKERMAN solely for the purpose of harassing and intimidating Dr. Scott Connelly into settling his case civil case with ADAM ZUCKERMAN and ADAM ZUCKERMAN's criminal organization ("the criminal organization" or "criminal accomplices"). ADAM ZUCKERMAN and his criminal organization paid DARREN MEADE a salary and agreed to pay him a $200,000.00 bonus if he was able to coerce and intimidate Dr. Scott Connelly into settling his civil case against ADAM ZUCKERMAN and his criminal organization. Throughout his tenure as Progenex CEO, DARREN MEADE was fully aware that ADAM ZUCKERMAN had recently been convicted of a multi-million dollar bank leasing scheme and would eventually be incarcerated in a federal prison. In effort to suppress negative content appearing about them online, which began appearing after Dr. Scott Connelly exposed them, ADAM ZUCKERMAN and DARREN MEADE, using company / Progenex funds, hired Michael Roberts' company, Rexxfield, to help fix / bolster their respective online reputations. In February 2011, ADAM ZUCKERMAN, DARREN MEADE, and their criminal accomplices worked to seize control and ownership of Michael Roberts' company, Rexxfield, for the purpose of usurping the rights to an existing contract Rexxfield had with MATTHEW COOKE for the use of an illegal SQL technology, which, when deployed, could effectively remove webpages from the internet. ADAM ZUCKERMAN and DARREN MEADE sought to monetize this technology by creating an online reputation management company that would market this illicit technology /SQL 16
  • 17. injection hack as an online "reputation management" service that offered to "repair" an unsuspecting customer's online reputation by removing whatever webpage(s) the customer believed was damaging the customer's reputation (or the customer's competitors webpage for that matter), using the above-mentioned SQL hack. ADAM ZUCKERMAN and DARREN MEADE charged up to $5,000.00 per removal. Progenex funds were used to negotiate and execute a partnership agreement between ADAM ZUCKERMAN and Rexxfield, and in Feb 2011, Progenex funds were embezzled to cure an existing default ofthe Rexxfield-Cooke agreement. Unbeknownst to Rexxfield, this partnership agreement granted ADAM ZUCKERMAN, DARREN MEADE, and their accomplices, a sixty-percent (60%) controlling interest in Rexxfield and transferred the rights to this illicit technology from Rexxfield to an entity wholly owned by ADAM ZUCKERMAN and his accomplices. Acquiring Michael Roberts' business and deploying an illegal hacking technology on a mass scale for profit, in addition to being well outside the scope of Progenex's charter, was patently illegal. In the latter half of January 2011, DARREN MEADE e-mailed Rexxfield employee Paul Portelli for the purpose of trying to go behind Michael Roberts' back to discover the contact information for MATTHEW COOKE (purported inventor and proprietor of this illicit SQL technology) to solicit / court MATTHEW COOKE and his hacking technology away from Michael Roberts / Rexxfield and into the folds of DARREN MEADE and ADAM ZUCKERMAN's ongoing criminal enterprise (i.e., cutting out the middle man, Michael Roberts) On February 19, 2011, DARREN MEADE asked ADAM ZUCKERMAN for the address of Paul Portelli (Michael Roberts' / Rexxfield employee) so that DARREN MEADE could go over to Paul Portelli's home and intimidate him with a 9mm pistol. On February 20, 2011, DARREN MEADE suggested that he and ADAM ZUCKERMAN should begin publicly accusing Michael Roberts of child molestation to pressure Michael Roberts' into giving DARREN MEADE and ADAM ZUCKERMAN's criminal organization the exclusive rights to MATTHEW COOKE's illicit SQL technology. On February 20, 2011, in an e-mail to ADAM ZUCKERMAN with the subject heading "Conspiracy Theory Gone Wild," DARREN MEADE suggested that he and ADAM ZUCKERMAN begin publicly accusing Michael Roberts of hiring Dustin Wehde to kill TRACEY RICHTER (i.e., accuse Michael Roberts of being criminally responsible for Dustin Wehde's murder) to pressure and leverage Michael Roberts into giving DARREN MEADE and ADAM ZUCKERMAN's criminal organization the exclusive rights to MATTHEW COOKE's illicit SQL technology. DARREN MEADE suggested that he and ADAM ZUCKERMAN have lunch the following day and "devise how to play this card" against 17
  • 18. Michael Roberts. On February 23, 2011, DARREN MEADE told Paul Portelli that DARREN MEADE was aware of ADAM ZUCKERMAN's criminal history and, despite this, continued to work for ADAM ZUCKERMAN and their criminal organization because they were his "partners" and he (DARREN MEADE) wanted to make "millions" removing RIPOFF REPORT complaints from the internet using MATTHEW COOKE's illicit SQL hack. This is absolute proof DARREN MEADE was aware of ADAM ZUCKERMAN's criminal behavior, and was quite content to assist in covering up the same. DARREN MEADE continued to actively engage in this conspiracy until February 24, 2011, when he learned that ADAM ZUCKERMAN and his other criminal co-conspirators had usurped the SQL partnership opportunity for themselves and effectively disenfranchised DARREN MEADE from their ongoing criminal endeavors, including their planned development of a reputation management business with MATTHEW COOKE (and his illegal hacking code), which meant DARREN MEADE would no longer receive his weekly CEO "paycheck" from Progenex, and was no longer eligible for the bonus that was contingent on his successfully harassing and defaming witness / litigant Dr. Scott Connelly into submission. On February 24, 2011, DARREN MEADE reached out to Paul Portelli, the Rexxfield DARREN MEADE sought intimidate with a 9mm pistol just five days prior (February 19, 2011), and Michael Roberts, and told them that he (DARREN MEADE) had resigned from Progenex to protect Rexxfield and their interests in the deal with MATTHEW COOKE. Also during this conversation, DARREN MEADE told Michael Roberts and Paul Portelli that he (DARREN MEADE) and ADAM ZUCKERMAN had sold over $50,000 of "RIPOFF REPORT removals" in just one week. DARREN MEADE told Michael Roberts and Paul Portelli the following about his experience in removing RIPOFF REPORT complaints from the internet for mass profit: Because when you, you know - I cold-called people to see what would happen is you (inaudible) and we just went on and made phone calls. And you essentially get cussed out initially because they have been hit up by everybody, and some of the people have paid money and nothing happened for them. But then they are all willing to go ahead and move forward and try it out. So if you had it on a larger scale and say you were doing (inaudible) $500, they could still sell it for 15 to 3,000, you have a lot of revenue. If you did a thousand a month with one wholesaler, that's $500,000 coming in. What's your overhead on that? A couple months of beating bushes to pull the wholesalers together, and in the interim, you could sit and [could continue to make money removing RIPOFF REPORT complaints yourself]. DARREN MEADE also told the two that the only reason he did not resign sooner was 18
  • 19. because he needed Progenex's resources to help repair his online reputation (i.e., money to pay professionals to remove derogatory content about him from the internet), which had been badly damaged after his role in the group's ongoing criminal enterprise had been exposed by its victims. To support this, DARREN MEADE told Michael Roberts and Paul Portelli the following: I mean, you have to -- you asked me last night why - why I was still in Progenex, and I said, did you see what happened to my [online] reputation? So if you Google [my name, DARREN MEADE] and Progenex and you start clicking on all the links...and some different websites they have [up about DARREN MEADE's and ADAM ZUCKERMAN's ongoing criminal activities]...they are complete character assassinations. So, for me to be hired as a consultant to work for somebody right now, I would never pass a due diligence. Also during this conversation, DARREN MEADE told Michael Roberts and Paul Portelli that he (DARREN MEADE) and ADAM ZUCKERMAN planned to "just [remove] RIPOFF REPORT [complaints]...and make a lot of money from it." DARREN MEADE told Michael Roberts and Paul Portelli that he (DARREN MEADE) had a contractual right to MATTHEW COOKE's illicit hacking technology, and that he had "noticed [ADAM ZUCKERMAN]" that he planned to exercise this right. Incredibly, DARREN MEADE told Michael Roberts and Paul Portelli that he was aware ADAM ZUCKERMAN had been using the alias "ADAM STUART" to conceal his true identity from Progenex's shareholders / investors, because said individuals would probably not have been so willing to "invest" in ADAM ZUCKERMAN's new company or Progenex if they knew it was being ran by a convicted felon on pretrial release and was awaiting sentencing for his principal role in a multi-million fraudulent bank leasing scheme. DARREN MEADE also told Paul Portelli and Michael Roberts that ADAM ZUCKERMAN had instructed DARREN MEADE to create "wholesalers that can sell a couple thousand RIPOFF REPORT [removals] per month," and that "they" would sell these wholesalers a one-time "franchise [fee] (for access to the illicit SQL hack) for...$25,000." At the end of this conversation, DARREN MEADE invited Michael Roberts and Paul Portelli over to his Laguna Beach to continue their discussion. On February 27, 2011, in what was clearly an effort to intimidate ADAM ZUCKERMAN and DARREN MEADE's other (former) criminal co-conspirators from shying away from the deal with MATTHEW COOKE for the illicit hacking technology, DARREN MEADE, in an announcement on the free press release distribution service www.PRLOG.com, announced his resignation as CEO of Progenex, and in doing so, named ADAM ZUCKERMAN as the company's "major beneficial stakeholder, not "ADAM STUART," the alias DARREN MEADE and the criminal enterprise had been using to conceal ADAM ZUCKERMAN's true identity. In this press release, which DARREN MEADE wrote in the third person, DARREN MEADE said, among other things, that "I cannot in good conscience continue due in part to the 19
  • 20. irreconcilable philosophical differences I have with the major beneficial stakeholder ADAM ZUCKERMAN who for the most part controls the company and related entities." The evidence shows, however, that the only irreconcilable philosophical difference DARREN MEADE had with his former criminal co-conspirators was that DARREN MEADE believed he was unfairly ousted from the criminal enterprise and that he (DARREN MEADE) alone should have MATTHEW COOKE's illicit hacking technology. . On February 28, 2011, in an e-mail, DARREN MEADE informed MATTHEW COOKE, the inventor / owner of this illicit hacking technology, that he (DARREN MEADE) had a "unilateral non-circumvention agreement" that gave DARREN MEADE a priority claim to MATTHEW COOKE's illicit SQL hack over that of ADAM ZUCKERMAN's criminal organization. DARREN MEADE also informed MATTHEW COOKE that "ALEXANDER BORJIA" (another ADAM ZUCKERMAN alias) was really convicted felon ADAM ZUCKERMAN, and that any further dealings related to the illicit SQL hack between MATTHEW COOKE and ADAM ZUCKERMAN violated DARREN MEADE's contractual rights to the illicit SQL hack. Later that same day, MATTHEW COOKE, a man with whom DARREN MEADE had extensively communicated in the previous two or three months, responded to DARREN MEADE's above-email as follows: "Dear Mr. Meade, I do know you, nor have I ever been a party to any agreement with you, and I do not appreciate the continuous calls and emails. I expect that this communication is the last of our dealings as we have nothing further to discuss." Shortly after sending this response to DARREN MEADE, MATTHEW COOKE sent an e-mail to Michael Roberts wherein MATTHEW COOKE admitted that DARREN MEADE (not "a man named DARREN MEADE" or "a DARREN MEADE") had just sent him a "confusing" e-mail message and referred to DARREN MEADE by his first name, "Darren." Following this failed, frenetic attempt to cajole and coerce MATTHEW COOKE and ADAM ZUCKERMAN into letting him back into the criminal enterprise's SQL licensing / RIPOFF REPORT removal scheme, DARREN MEADE, forced to confront the realities bearing down on him (unemployment and being a named defendant in a complex civil fraud proceeding, neither of which could be mitigated if the truth about his actions while acting as the CEO of Progenex were revealed) instigated an ever escalating feigned "whistle-blower" campaign to notify / inform law enforcement and the media of ADAM ZUCKERMAN's (formerly ADAM ZUCKERMAN and DARREN MEADE's) organization's ongoing criminal activities, all in effort to obfuscate his responsibility and involvement for the same crimes, which he had committed alongside them as Progenex's CEO. However, as the foregoing demonstrates, the ONLY thing responsible for DARREN MEADE's twenty-four hour transformation from degenerate criminal to whistleblowing white knight, was that he learned ADAM 20
  • 21. ZUCKERMAN and his other former co-conspirators had kicked him out of the "deal" and he would no longer have access to MATTHEW COOKE's hacking code to make "millions" removing RIPOFF REPORT complaints. On March 4, 2011, DARREN MEADE told Michael Roberts that "at the end ofthe day, [Dr. Scott Connelly] is a [ADAM ZUCKERMAN's victim] just like you, [Michael Roberts]. On November 21, 2011, DARREN MEADE made a sworn declaration to the Federal Court in which he had stated he intimate knowledge that his former accomplices and co- conspirators, ADAM ZUCKERMAN, KIRK MCMAHAN, and others, had effectively reconstituted their fraudulent BRICKBANC ("Operation Lease Fleece") operations under the name XBANKER while ADAM ZUCKERMAN and KIRK MCMAHAN were on pretrial release with the federal government. Below is an excerpt from DARREN MEADE's sworn declaration: In late 2010, I was present during a meeting where [ADAM ZUCKERMAN] and KIRK MCMAHAN became very concerned that if the true nature of the activities taking place at XBANKER were revealed they would have a negative impact on their pending sentencing in the BRICKBANC case. As a result they decided to do two things. First, ADAM ZUCKERMAN's mother, MIRIAM ZUCKERMAN, would be prohibited from entering the building and communicating with any XBANKER customers out of a fear that the customers would make a connection between MIRIAM ZUCKERMAN and ADAM ZUCKERMAN and thus reveal his background. Second, XBANKER's operations would have to be shut down by January 2011. Bank records and other information obtained by law enforcement and other information demonstrates that ADAM ZUCKERMAN, KIRK MCMAHAN, while on pretrial release and awaiting sentencing, along with DARREN MEADE and a handful of others, essentially reconstituted the operations of BRICKBANC ("Operation Lease Fleece") under the name XBANKER. In the weeks and months that followed his reluctant departure from ADAM ZUCKERMAN's organization, DARREN MEADE, on multiple occasions, told Michael Roberts, Dr. Scott Connelly, the United States Department of Justice, including numerous FBI Special Agents and Assistant United States Attorneys, and others, that he (DARREN MEADE) was duped by ADAM ZUCKERMAN (aka ADAM STUART, aka ALEXANDER BORJIA) and his other former co-conspirators and that Michael Roberts and Dr. Scott Connelly were also victims of ADAM ZUCKERMAN and his organization (which, from June 2010 through February 24, 2011, included DARREN MEADE). On June 21, 2011, and September 26, 2011, DARREN MEADE was deposed in Connelly v. Does, Superior Court Of The State Of California, County Of Orange, Case No. 30-2011- 21
  • 22. 00453171. In this deposition, DARREN MEADE testified to the following: • He (DARREN MEADE) was hired by ADAM ZUCKERMAN to use the internet to defame and harass Dr. Scott Connelly to pressure Dr. Connelly into settling his civil case with ADAM ZUCKERMAN at al. and ending Dr. Scott Connelly's efforts to have law enforcement revoke ADAM ZUCKERMAN's and KIRK MCMAHAN's pretrial release (i.e., harass and defame a witness to obtain some form of advantage over the witness in pending litigation). • He (DARREN MEADE) was offered premium incentives, both in cash ($200,000.00) and equity in Progenex, provided his defamation campaign proved successful in securing a settlement from Dr. Scott Connelly. • Michael Roberts was ADAM ZUCKERMAN's victim, not his co-conspirator, that it was ADAM ZUCKERMAN who threatened his life (not Michael Roberts as DARREN MEADE would later allege). He and the above-mentioned convicted felons conspired to use stolen Progenex funds to procure an illicit hacking technology for the purpose of creating a reputation management service that would charge its customers, victims / subjects of online defamation, $5,000.00 to remove a RIPOFF REPORT complaint or other defamatory content on the internet, and would accomplish this by injecting illicit source code (hacking) into RIPOFF REPORT'S servers. • He (DARREN MEADE) and ADAM ZUCKERMAN sold $50,000 worth of [RIPOFF REPORT removals] in less than a week, maybe spending a total of only three hours on the phone. DARREN MEADE further testified that he and ADAM ZUCKERMAN did not need to advertise their services, because all they did was read the RIPOFF REPORT website and wait for somebody to publish something derogatory about a business and you would just turn around and call the business an say, "I see that you have this problem. We can make it go away for $3,000." DARREN MEADE further testified that "THEIR largest client's were attorneys." • DARREN MEADE further testified that "Ripoff Report never deletes anything written about somebody. So it's the perfect place to defame somebody because it will always stay up, and for some reason it winds up ranking on the first page of Google. So if you want to destroy somebody's reputation, that's a great place to do it." Michael Roberts was not aware that deploying the SQL code was illegal at the time Michael Roberts was attempting to purchase it. A review of both DARREN MEADE's e-mail communications, disclosures he made to federal law enforcement officials from April 2011 through Nov 2011, as well as admissions he made in his above-mentioned deposition, leaves no doubt that as of the date he assumed the role as Progenex CEO, which was in June 2010, as well as throughout his 22
  • 23. entire tenure there, DARREN MEADE knew ADAM ZUCKERMAN was using a number of aliases to conceal his criminal past. This proves DARREN MEADE was fully aware of the criminal scheme to steal Progenex funds and defraud its shareholders. In fact, in a November 15, 2011, e-mail, DARREN MEADE wrote that he "was the CEO of Progenex [and] knew what was being committed financially." On August 29, 2011, at KIRK MCMAHAN's sentencing hearing, while sitting alongside a victim of ADAM ZUCKERMAN's most recent fraudulent operation, XBANKER, DARREN MEADE told a sitting Federal District Court Judge that ADAM ZUCKERMAN and KIRK MCMAHAN threatened to explode DARREN MEADE's brain with a .50 caliber bullet if DARREN MEADE ever threatened to expose them. On October 24, 2011, TRACEY RICHTER's murder trial started. On October 25, 2011, in an email to Michael Roberts, DARREN MEADE thanked Michael Roberts for providing him updates on TRACEY RICHTER's murder trial and told Michael Roberts that he was praying for him. On October 28, 2011, DARREN MEADE began making extortive demands of State's witness Michael Roberts for financial payments, which Michael Roberts refused. As a result of Michael Roberts' refusal to give DARREN MEADE money, DARREN MEADE's demands and threats towards Michael Roberts escalated. In November 2011, flat broke and bereft of any employment, with his history of fraud having been exposed online, DARREN MEADE, desperate for a source of income, saw an opportunity to forge a relationship with ED MAGEDSON, the owner, operator, and "EDitor" of Ripoffreport.com, by providing ED MAGEDSON with information about the ongoing report removal attacks that he (DARREN MEADE), ADAM ZUCKERMAN, MATTHEW COOKE, and his other co-conspirators had been executing with the SQL technology. However, DARREN MEADE (assumedly) failed to tell ED MAGEDSON / RIPOFF REPORT and the FBI that he actively and enthusiastically participated in this same scheme before he got booted out of the deal. In fact, DARREN MEADE would later admit that he (DARREN MEADE) removed derogatory RIPOFF REPORT complaints about himself (DARREN MEADE) by injecting this illegal source code into RIPOFF REPORT'S servers. Furthermore, during his conversation with Paul Portelli on 23 Feb 2011, DARREN MEADE stated that the reason for his voluntary continued involvement with convicted felon ADAM ZUCKERMAN was to "make money off the [RIPOFF REPORT removals]." On November 5, 2011, two days before TRACEY RICHTER was to be sentenced, DARREN MEADE launched his first reprisal against Michael Roberts when, in the comment section below an online news story about TRACEY RICHTER's case, he accused Michael 23
  • 24. Roberts of being criminally responsible for Dustin Wehde's murder. The next day, on November 6, 2011, the jury in TRACEY RICHTER's murder trial handed down their guilty verdict. On November 10, 2011, TRACEY RICHTER's good friend DONNA BISTRICAN and DARREN MEADE had a phone conversation that lasted over one hour. On November 22, 2011, ANNA RICHTER called DARREN MEADE (one minute). On November 23, 2011, TRACEY RICHTER wrote the following in a letter to Jim Landa, a convicted child molester incarcerated in Wisconsin: "Recently a man came forward with claims my [second] husband, [Michael Roberts] threatened to kill him and befriended a mentally unstable man and got that man [sic] to break into his [sic] present home." On November 27, DARREN MEADE called ANNA RICHTER and the two spoke for seven minutes. On November 28, 2011, ANNA RICHTER and DARREN MEADE had a phone conversation that lasted over eighty-three (83) minutes. On November 29, 2011, ANNA RICHTER and DARREN MEADE had a phone conversation that lasted about fifty (50) minutes. On December 1, 2011, DARREN MEADE and RUSSELL SCHERTZ, TRACEY RICHTER's fiance, spoke on the phone for eighty-seven (87) minutes. Between December 12 and 15, 2011, DARREN MEADE visited Arizona and stayed in a hotel on the same road on which RIPOFF REPORT'S attorneys are located. In December 2012, DARREN MEADE began publishing harassing and defamatory stories on the internet about the State's witnesses, most of which he and others published as "complaints" on the purported consumer advocacy website www.ripoffreport.com (RIPOFF REPORT). Among many other things, these "complaints" accuse the State's witnesses of murder, child molestation, terrorism, perjury, and a myriad of financial crimes, including fraud. RIPOFF REPORT RIPOFF REPORT (www.RipOffReport.com) is incorporated in the State of Delaware as XCENTRIC VENTURES, LLC ("RIPOFF REPORT). ED MAGEDSON is the owner, 24
  • 25. operator, and "EDitor" of RIPOFF REPORT. RIPOFF REPORT earns money through advertisements on its website. RIPOFF REPORT is an Arizona based company, but is incorporated in the State of Delaware. RIPOFF REPORT derives financial benefit and income by selling advertisement space on its website and through its "Corporate Advocacy Program" and its RIPOFF REPORT Verified™ program (collectively "CAP"), both of which are expensive services provided solely by RIPOFF REPORT, which mitigate, and in some instances, remove negative, defamatory RIPOFF REPORT complaint for a hefty fee. The RIPOFF REPORT enterprise markets the C A P programs to the subjects of Reports, typically after strongly urging them to file rebuttals. By joining C A P or otherwise making financial arrangements with the RIPOFF REPORT enterprise, a subject can buy the privilege of essentially writing (or approving) his or her own Google search result. The C A P member writes or approves between 250 and 350 additional words of positive content that will be inserted into the body of a Report and also in a known strategic location in the HTML for the Report. 250 words is just the right amount of text to push the surrounding negative content so far down in the HTML as to be irrelevant to search engines. Thus, negative content virtually disappears from the Google search results for CAP members, replaced by the words approved by the C A P member. Because Google's search algorithms are generally influenced to select text that "matches," between both a web page and the corresponding HTML (that is, identical text that is present in both), putting the positive content in the strategic location in the HTML, along with a matching block of text in the Report effectively negates the harmful effect ofthe Report with the Google search engine. According to RIPOFF REPORT employee / agent SIAMACK YAGHOBI (aka SAM YOUBANKS), RIPOFF REPORT / XCENTRIC VENTURES is worth more than 35 million dollars. On December 10, 2011, DARREN MEADE wrote the following Facebook message to a friend: "I leave for Arizona on Monday to meet with the FBI and then for a job interview afterwards...looks like I might do an interview on Dateline NBC in 2-3 weeks to get the story out on all of this. The job interview is in [Arizona], but I would still work from Laguna." Between December 12 and 15, 2011, DARREN MEADE visited Arizona and stayed in a hotel on the same road on which RIPOFF REPORT'S attorneys are located. On December 21, 2011, DARREN MEADE sent an e-mail, which contained the job proposal he pitched to ED MAGEDSON / RIPOFF REPORT. In early January 2012, ED MAGEDSON and RIPOFF REPORT possessed and had 25
  • 26. knowledge of DARREN MEADE's aforementioned deposition. On or around January 1, 2012, DARREN MEADE told Dr. Scott Connelly he was hired by TRACEY RICHTER's mother, ANNA RICHTER, and brother to help TRACEY RICHTER get a new trial. On January 1, 2012, TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN see if he could get "[DR. JOHN PITMAN'S former girlfriend, Allisan Tucker] to turn on Dr. John Pitman." TRACEY RICHTER added that [Allisan Tucker] is looking to further her career and if she [had] something on [Dr. John Pitman] that could be helpful, know what I mean?" TRACEY RICHTER told ANNA RICHTER that "it would be heaven" and would "serve [Dr. John Pitman] right" if he was betrayed by someone he put before his son (BERT PITMAN). On January 3, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was "going after" Michael Roberts. On January 20, 2012, TRACEY RICHTER told BERT PITMAN he "[needed] to work magic." TRACEY RICHTER told BERT PITMAN to talk to Dr. John Pitman's nurses to see if any of them had information that would prove Dr. John Pitman lied when he testified against TRACEY RICHTER. BERT PITMAN said he had talked to one of Dr. John Pitman's nurses and could get more information from that nurse. TRACEY RICHTER told BERT PITMAN to tell this nurse that the nurse would have the potential to save someone's life (TRACEY RICHTER's life). BERT PITMAN said this nurse wanted to talk, and another one of Dr. John Pitman's employees was tired of Dr. John Pitman. BERT PITMAN stated he would talk to people who work for Dr. John Pitman. BERT PITMAN told TRACEY RICHTER he did not know the situation with Dr. John Pitman's former girlfriend, Allisan Tucker, and whether she would tell BERT PITMAN anything. TRACEY RICHTER said she thought "[Allisan Tucker] would "f**k Dr. John Pitman over in a heartbeat." BERT PITMAN said the last time he went out on a limb for TRACEY RICHTER, his father, Dr. John Pitman, cut him off, so he (BERT PITMAN) needed to be careful, and should hire a lawyer before he talked to Allisan Tucker, because it could backfire on him (BERT PITMAN). TRACEY RICHTER directed BERT PITMAN to get Allisan Tucker's contact information and give it to ANNA RICHTER, and ANNA RICHTER would contact Allisan Tucker so that BERT PITMAN'S participation in the matter would not be known to Dr. John Pitman. On January 26, 2012, Journalist Glenn Puit, published RIPOFF REPORT complaint No. article 829020, which is more or less a damning account of the criminal activities of convicted felons ADAM ZUCKERMAN and KIRK MCMAHAN described earlier herein. On January 28 and 30, 2012, DARREN MEADE wrote the following to Dr. Scott Connelly and Dr. Scott Connelly's attorney: "It seems my deposition was sent to a third-party the 26
  • 27. General Counsel for Ripoff Report. Do you have any idea how this happened?"; "I have not authorized ANY dissemination of the depositions"; "I need to ask for you to keep [your] promise....[that you] will not disseminate [DARREN MEADE's deposition to third parties without clearing it with [me, DARREN MEADE]"; and "going behind my back [and giving my deposition to] [RIPOFF REPORT] is bad faith; "I explained to you the FBI investigation [into the RIPOFF REPORT hacking to remove complaints for profit, of which DARREN MEADE was part] is in it's fragile state. That the boiler room information should funnel through me, instead you had [your attorney] reach out directly and he offers up my deposition [to RIPOFF REPORT]?" On February 3, 2012, TRACEY RICHTER asked ANNA RICHTER whether there was anything else on RIPOFF REPORT and / or whether RIPOFF REPORT was going after Michael Roberts, "big time." ANNA RICHTER said RIPOFF REPORT was going after Michael Roberts, "big time." ANNA RICHTER said DARREN told her RIPOFF REPORT had Michael Roberts on the run and that Michael Roberts had to be going crazy. ANNA RICHTER said RIPOFF REPORT had not yet published her "complaint" on RIPOFF REPORT, even though she had submitted it to RIPOFF REPORT a number of days prior. TRACEY RICHTER directed her mother to check RIPOFF REPORT every single day. On February 14, 2012, DARREN MEADE authored / published RIPOFF REPORT complaint No. 839253, the first version of "Google-Cide Exposed By The Man Who Knew Too Much, DARREN MEADE threatened and life in danger - SEO (Search Engine Optimization) Reputation Management dark side," which is an oft updated RIPOFF REPORT complaint deliberately crafted to deflect and obfuscate DARREN MEADE's knowledge of and enthusiastic participation in the criminal scheme leading to the executed SQL hack licensing agreement between ADAM ZUCKERMAN and MATTHEW COOKE. In this original report (and subsequent updates by DARREN MEADE himself) DARREN MEADE admitted his eye witness status but purposely omitted critical facts regarding the true nature of his volitional participation with ADAM ZUCKERMAN's plan from November 2010, continuously up to February 24, 2011, at which time DARREN MEADE became aware that ADAM ZUCKERMAN had usurped the SQL licensing opportunity for himself and was proceeding without DARREN MEADE. To further camouflage his culpability he even included facts concerning the involvement of Reputation.com in the bidding process for exclusive access to the license rights to MATTHEW COOKE's SQL code: I was recruited as the CEO of another [ADAM ZUCKERMANJ-controlled entity, Progenex, from which he embezzled the funds to acquire both a controlling interest in Rexxfield and the rights to the SQL injection code. In completely unrelated news, the hacker who wrote it MATTHEW COOKE was the brain behind RemoveYourName.com. That is, until he sold the domain (is that all?) to the well-meaning folks at Reputation.com. Draw your own 27
  • 28. conclusions. The underlined hyperlink (see below) included in the original (and subsequent updates) provided evidence of the statement by MATTHEW COOKE referring to an offer of $60,000.00 put forth by Reputation Defender (name changed to Reputation.com in January 2011) for exclusive use rights to the criminal SQL code. http://www.ripoffreport.com/features/audio/Matthew-Cooke-Call-With-Michael-Roberts.mp3 Bank records recovered in the course of the Progenex embezzlement investigation confirmed that MATTHEW COOKE's online property RemoveYourName.com was acquired as an "asset purchase" by Reputation Defender (now Reputation.com) in December of 2010 less than 30 days after the execution of the Rexxfield-Cooke SQL license agreement (aka Trade Secret Purchase agreement") was executed. Financial transactions and other records also indicate that during that same time frame (Oct-Dec 2010) MATTHEW COOKE was operating an "affiliate partner" network in which dozens of existing online reputation management companies were paying MATTHEW COOKE to remove clients' online complaint reports by using his SQL code on a fee-for-service basis. The evidence shows that by late 2010 MATTHEW COOKE had also created an online business model of "reputation racketeering" in which his online property RipOffRant.com, a website, which operated the same as RIPOFF REPORT, was used to create defamatory reports about individuals and businesses alike. Victims of online defamation would then be solicited via one of MATTHEW COOKE's (or one of his affiliate partner's) reputation management companies, proffering removal services. This business model is identical to the organization disclosed by the investigation and prosecution by California State Attorney Kamala Harris of REVENGE PORN website operator KEVIN CHRISTOPHER BOLLAERT. Evidence disclosed to the public indicates KEVIN BOLLAERT was earning tens of thousands of dollars per month by simultaneously operating dual websites. One website posted nude pictures of female victims while the other (ChangeMyReputation.com) would solicit these same victims for the removal of the offending pictures. Many of the offending images were obtained by hacking the victims email accounts and cell phones. http://www.omaha.com/news/nation/alleged-revenge-porn-site-operator-heads-to- trial/article_0d36d51 c-eb6d-5bb0-884d-2b69beaab109.html DARREN MEADE also said the following in this RIPOFF REPORT complaint (No. 839253): When I told [ADAM ZUCKERMAN] I would not be involved, I was offered a six-figure bribe and an equity stake in the venture. I chose option B, tendering my resignation. Shortly thereafter, I received an audio recording wherein [ADAM ZUCKERMAN] and Rexxfield operatives describe in great detail the effects a .50 caliber bullet will have on my 28
  • 29. brain should I ever go public with this information. I suppose it's mildly amusing audio if you can ignore the fact that it's coming from someone with a history of criminal violence THIS IS A CALL FOR HELP. I am literally putting my life on the line to expose not just another Internet scam, but a threat against the very fabric of our society: The right to speak the truth and be heard. I only hope someone hears me before it's too late. On February 21, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE told her that Michael Roberts and his children left the United States using fraudulent passports. ANNA RICHTER stated TRACEY RICHTER and Michael Roberts' son, N.R., is still in the United States because Michael Roberts' wife, Dr. Heidi Roberts (aka Heidi Forsbacka) hated N.R. ANNA RICHTER stated she was going to give TRACEY RICHTER's fiance, RUSSELL SCHERTZ, information about Michael Roberts and TRACEY RICHTER and Michael Roberts' children, N.R. and M.R. On February 21, 2012, TRACEY RICHTER directed her mother to get orders from the U.S. State Department and Immigrations and Customs Enforcement (ICE) to get a "printout" of all Michael Roberts' wife's and children's flight activities and then get their credit information to track their spending to locate Michael Roberts. The two discussed filing kidnaping charges against Michael Roberts and his wife, Dr. Heidi Roberts. TRACEY RICHTER said they needed to obtain a court order to give to the Australian Consulate in Chicago, Illinois, and any other information that would allow them to find N.R., M.R., and Michael Roberts. TRACEY RICHTER said she believed Michael Roberts was fraudulently receiving welfare- type benefits for himself and their children from the Australian government and that they could get the Australian government to "go after" Michael Roberts. ANNA RICHTER said that JOHN RICHTER told her that he believed the same about Michael Roberts receiving welfare benefits. TRACEY RICHTER gave ANNA RICHTER a list of information they needed to obtain on / about N.R. and M.R. TRACEY RICHTER said they needed to get Michael Roberts' wife's travel records from ICE because Michael Roberts may have changed his name, but that Heidi Forsbacka (aka Dr. Heidi Roberts) may not have. ANNA RICHTER said DARREN MEADE also asked her to get information about Michael Roberts' wife, Dr. Heidi Forsbacka (aka Dr. Heidi Roberts). TRACEY RICHTER stated that ICE would not give this information without a court order. TRACEY RICHTER said they needed to obtain a court order directing Michael Roberts to return to the U.S. with the children within forty-eight hours, and if he had them in Australia, it would be impossible for him to comply with the Court's order, which would allow them to have an amber alert issued and have Michael Roberts held in contempt of court. ANNA RICHTER stated that Michael Roberts is scared because he knows he is going to be arrested and that Michael Roberts probably gave the children to his wife, Dr. Heidi Forsbacka (aka Dr. Heidi Roberts), believing he was going to be arrested. ANNA RICHTER said she recently sent an e-mail to TRACEY 29
  • 30. RICHTER's fiance, RUSSELL SCHERTZ, concerning the foregoing. TRACEY RICHTER said she make an affidavit that she did not give Michael Roberts permission to take the kids out of the country and, "if [she had] to," she would swear that Michael Roberts once threatened to take the children to Thailand. TRACEY RICHTER said they needed to put up a website about Michael Roberts's wife, Dr. Heidi Forsbacka (Dr. Heidi Roberts), M.R., and N.R., to help find the children. ANNA RICHTER said she would get DONNA BISTRICAN to help her create this website. On February 23, 2012, TRACEY RICHTER gave her passwords to her two computers to ANNA RICHTER. TRACEY RICHTER indicated one of her computers was at her fiance, RUSSELL SCHERTZ's home, and the other was in ANNA RICHTER's possession. TRACEY RICHTER told ANNA RICHTER to search the computer for files labeled "Passport" and "Michael Ross Roberts." TRACEY RICHTER indicated that the latter contained all of Michael Roberts' personal information ANNA RICHTER said she told RUSSELL SCHERTZ she would get him this information. TRACEY RICHTER said RUSSELL SCHERTZ had checked to see if her and Michael Roberts' children, N.R. and M.R, had passports by using their social security numbers and birthdates. ANNA RICHTER said JOHN RICHTER told her that Michael Roberts obtained fraudulent passports for their children TRACEY RICHTER said RUSSELL SCHERTZ and / or John Richter was / were in the process of getting more information from the U.S. State Department and that she wanted them to get the "guy from the State Department" on the phone. ANNA RICHTER said she believed a warrant for Michael Roberts' arrest should be issued immediately for "falsifying legal paperwork." TRACEY RICHTER said the guy at the U.S. State Department is ready to issue an arrest warrant for Michael Roberts. TRACEY RICHTER said RUSSELL SCHERTZ gave photographs of N.R. and M.R. to the "guy" at the U.S. State Department for comparison. TRACEY RICHTER said Michael Roberts could have changed their appearances. On February 26, 2012, ANNA RICHTER asked TRACEY RICHTER whether RUSSELL S C H E R T Z talked to T R A C E Y R I C H T E R about her children. A N N A RICHTER said J O H N RICHTER told her (ANNA RICHTER) that "people" who knew Michael Roberts believed he was still in the U.S., but that DARREN MEADE believed TRACEY RICHTER and Michael Roberts' daughter, M.R., was no longer in the U.S. ANNA RICHTER said JOHN RICHTER was going to obtain information concerning Michael Roberts' travels with his children, N.R. and M.R. ANNA RICHTER said someone authorized to access this information was going to give it to JOHN RICHTER. TRACEY RICHTER said it was clear Michael Roberts did not have his car registered in his name otherwise they would have found it. TRACEY RICHTER told ANNA RICHTER to have DARREN MEADE include in his affidavit that he heard through "the grapevine" that M.R. was not in the U.S. ANNA RICHTER said they 30
  • 31. should soon learn whether M.R. was still in the U.S. because JOHN RICHTER was going to use his source to find out whether the kids had traveled. ANNA RICHTER said JOHN RICHTER can lawfully access certain government databases to see whether passports have issued for N.R. and M.R., and whether the children had left the U.S. ANNA RICHTER said JOHN RICHTER could lose his job if he did certain searches, but that the searches he would be conducting were legal. ANNA RICHTER stated that they have done these searches before on "someone" to see if that person has traveled out of the country. On March 2, 2012, pursuant to a subpoena, S C A Smith provided an affidavit in Michael Roberts and TRACEY RICHTER's custody modification proceedings, which supported Michael Roberts. Later that day, John Richter sent an affidavit to RUSSELL SCHERTZ's place of business, ConAgra Foods in Omaha, Nebraska, and RUSSELL SCHERTZ forwarded the same to TRACEY RICHTER's attorney. In this his affidavit, JOHN RICHTER referenced a criminal complaint that alleged Michael Roberts had called him on October 29, 2011, and threatened to shoot and kill John Richter with a sniper rifle. Also in his affidavit, John Richter accused your applicant, SCA Smith, of committing a number of crimes, including obstructing his police department's investigation into the alleged death made by Michael Roberts. Your applicant believes JOHN RICHTER fabricated this complaint against Michael Roberts to access information that would not otherwise be available to JOHN RICHTER absent a bona fide criminal investigation. LOCATING MICHAEL ROBERTS, N.R., AND M.R. As discussed earlier, immediately following TRACEY RICHTER's arrest, Michael Roberts took custody of their children, N.R. and M.R., and moved to California where he was enrolled in the State of California's victim protection program. Save for a few monitored calls he allowed TRACEY RICHTER to have with their children, Michael Roberts did not allow her and her family to have any contact with his children, or know their current whereabouts. On August 6, 2011, TRACEY RICHTER told ANNA RICHTER, that TRACEY RICHTER's son, N.R., who was three years old when TRACEY RICHTER murdered Dustin Wehde, "[remembered] some things about the attack" and, therefore, needed to be added as witness in her criminal case. TRACEY RICHTER told her mother that her criminal defense attorney was attempting to find a lawyer to get an order prohibiting Michael Roberts from 31
  • 32. leaving the United States with N.R. and M.R. On August 9, 2011, after TRACEY RICHTER's bond review hearing, TRACEY RICHTER's criminal defense attorney asked SCA Smith for Michael Roberts' address because they were trying to find TRACEY RICHTER's children. This attorney also told SCA Smith that they warned the U.S. State Department that Michael Roberts may be attempting to get U.S. passports for N.R. and M.R. so he could take them out ofthe United States. On August 20, 2011, TRACEY RICHTER told ANNA RICHTER that they checked an address that they believed was Michael Roberts' primary residence. TRACEY RICHTER stated that her brother, John Richter, a police detective in another state, had talked on the phone with TRACEY RICHTER's criminal defense attorney(s) for three hours. On August 25, 2011, TRACEY RICHTER's fiance, RUSSELL SCHERTZ, told TRACEY RICHTER that he was thinking about filing kidnapping charges against Michael Roberts. On August 26, 2011, RUSSELL SCHERTZ read TRACEY RICHTER the contents of an online article concerning Michael Roberts and DARREN MEADE. TRACEY RICHTER told RUSSELL SCHERTZ to contact the author of the article, who was / is believed to be DARREN MEADE, using a "disposable e-mail." RUSSELL SCHERTZ and TRACEY RICHTER discussed a list RUSSELL SCHERTZ had of past physical addresses for Michael Roberts, which TRACEY RICHTER had compiled over the years. On August 28, 2011, TRACEY RICHTER told RUSSELL SCHERTZ he needed to find a way to have N.R. be made a witness in her murder case so that Michael Roberts would have to bring him back to the area. On September 4, 2011, TRACEY RICHTER told ANNA RICHTER, that "this DARREN MEADE "[knew something about Michael Roberts]." On September 7, 2011, TRACEY RICHTER's defense attorney's notified your applicant that they intended to call TRACEY RICHTER's son, N.R., as a witness in TRACEY RICHTER's murder trial. On September 9, 2011, RUSSELL SCHERTZ told TRACEY RICHTER that they are trying to find Michael Roberts' IP addresses and other information in effort to locate him and his children. Later in this conversation, RUSSELL SCHERTZ and TRACEY RICHTER conspired to sneak a television producer into TRACEY RICHTER's criminal depositions as TRACEY RICHTER's "third attorney." On October 4, 2011, one of TRACEY RICHTER's criminal defense attorney's asked SCA Smith for Michael Roberts' address so they could serve him with a subpoena to testify in TRACEY RICHTER's criminal case. SCA Smith told this criminal defense attorney that 32
  • 33. "[p]ersonal service of any out-of-state subpoena for Michael Roberts can be made by serving [his Iowa attorney]...at the below address." On September 16, 2011, TRACEY RICHTER received a document sent to her by ANNA RICHTER, which concerned Michael Roberts and DARREN MEADE's business association. ANNA RICHTER told TRACEY RICHTER she found the document on the internet. The document was a letter DARREN MEADE sent to the US DOJ on or around July 22, 2011, wherein DARREN MEADE told the US DOJ that Michael Roberts was ADAM ZUCKERMAN's victim. On September 19, 2011, ANNA RICHTER told TRACEY RICHTER that her son, JOHN RICHTER, had given her documents concerning Michael Roberts. ANNA RICHTER said she planned to have JOHN RICHTER, a police detective in another state, look up personal information about Michael Roberts and his associates. On October 24, 2011, TRACEY RICHTER's murder trial began. On October 28, 2011, about a week before the jury convicted TRACEY RICHTER of first degree murder, JOHN RICHTER sent the following Facebook message to his nephew, TRACEY RICHTER and Michael Roberts' son, N.R.: Me, [TRACEY RICHTER], [TRACEY RICHTER's sister], [ANNA RICHTER] and [RUSSELL SCHERTZ] luve [sic] you guys very much, you should be home soon. Tell [M.R.] I luve [sic] her to [sic]." JOHN RICHTER went on to ask N.R. "where [sic] you guys living now? On October 29, 2011, five days into TRACEY RICHTER's murder trial, JOHN RICHTER alleged Michael Roberts called him at his police precinct that day and threatened his life. The following is an excerpt from JOHN RICHTER's report concerning this alleged incident: SAID VICTIM (DET. [JOHN RICHTER], #20768) WENT TO THE 002ND DIST. DESK TO REPORT A TELEPHONE THREAT WITH SAID OFFENDER (ROBERTS, MICHAEL). VICTIM RELATED THAT SAID OFFENDER CALLED HIS PLACE OF EMPLOYMENT ["*] AND STATED "YOU BETTER SHUT YOUR MOUTH ABOUT ME" WHEN THE VICTIM ASKED THE OFFENDER TO REPEAT HIMSELF, THE OFFENDER STATED "KEEP IT UP, AND KEEP IN MIND THAT I HAVE A VERY GOOD RIFLE SHOT." VICTIM THEN ASKED OFFENDER IF HE WAS THREATENING HIM AND OFFENDER THEN STARTED SCREAMING RELIGIOUS REFERENCE ABOUT REVENGE. THE PHONE CALL WAS THEN DISCONNECTED AFTER MID SENTENCE. VICTIM RELATED THAT HE HAS TAKEN SAID OFFENDER'S STATEMENT AS A DIRECT THREAT TO KILL HIM. THE VICTIM IMMEDIATELY NOTIFIED HIS [SUPERVISING SGT] [OF THE INCIDENT AND FURTHER INFORMED SGT. [SUPERVISING SGT] THAT SAID OFFENDER HAS A PREVIOUS DOM. BATTERY CONVICTION AND IS NOT AUTHORIZED TO BE IN POSSESSION OF ANY FIREARMS. [SUPERVISING SGT INFORMED] VICTIM TO 33
  • 34. REPORT INCIDENT TO THE 002ND DIST. DESK. VICTIM GIVEN REPORT FOR INCIDENT AND ADVISED ON [WRITj/ORDER OF PROTECTION PROCEDURES. On November 7, 2011, TRACEY RICHTER was convicted of murder. TRACEY RICHTER's criminal defense attorneys neither subpoenaed Michael Roberts or called N.R. as witness. To believe John Richter here, you have to believe that Michael Roberts, on the precipice of getting full custody of his children and finally being vindicated for any involvement in Dustin Wehde's murder, after not speaking to JOHN RICHTER in more than a decade, while in hiding, called JOHN RICHTER at his police precinct while JOHN RICHTER was on duty, made the same death threat (sniper rifle) he allegedly made to DARREN MEADE in 2010, (according to DARREN MEADE's second or third version of this supposed incident). On.April 24, 2012, DARREN MEADE, in an e-mail to SCA Smith, knowingly provided false information to SCA Smith to help TRACEY RICHTER get a new criminal trial and aid her in her upcoming custody hearing. DARREN MEADE used the following e-mail address to communicate with SCA Smith: dmeade@kairos-meade.com. DARREN MEADE also told SCA Smith the following: • He (DARREN MEADE) had information that TRACEY RICHTER's second ex- husband, Michael Roberts, was responsible for Dustin Wehde's murder and that he provided this information to law enforcement in Iowa in December 2010 and January 2011. • Michael Roberts, not DARREN MEADE, partnered with ADAM ZUCKERMAN and his criminal organization. In support of this, DARREN MEADE provided links to his RIPOFF REPORT complaints about Michael Roberts. • Michael Roberts had threatened to kill DARREN MEADE: "[Michael Roberts] let me know that he owns a sniper rifle [sic] that he uses .50 caliber bullets 'and that he is a very good shot.'" • He (DARREN MEADE) was aware SCA Smith already provided testimony favorable to Michael Roberts in Michael Roberts and TRACEY RICHTER's custody proceedings in Buena Vista County, and, at the upcoming custody hearing, SCA Smith needed to change his testimony and support TRACEY 34
  • 35. RICHTER'S bid to have custody of N.R. and M.R. transferred to TRACEY ' RICHTER's mother, ANNA RICHTER. In the above-mentioned e-mail, DARREN MEADE provided SCA Smith with a link to DARREN MEADE's Dropbox account, which account was linked to dmeade@kairos- meade.com]. [kairos-meade is business entity solely owned and operated by DARREN MEADE. The web domain for kairos-meade.com is serviced by GoDaddy] DARREN MEADE sent blind copies of his e-mails to SCA Smith to ANNA RICHTER (anria_richter2003@yahoo.com) and TRACEY RICHTER's fiance, RUSSELL SCHERTZ (rschertz@cox.net). Also on or around this same day (April 24, 2012), DARREN MEADE sent a barrage of like-e-mails to more than ten news media outlets, including the Des Moines Register. DARREN MEADE's phone records, which were obtained by S C A Smith shortly after DARREN MEADE contacted S C A Smith on April 24, 2012, revealed extensive communications between DARREN MEADE and TRACEY RICHTER's friends and family. On April 25, 2012, in a letter to Sac County Sheriff Ken McClure, RUSSELL SCHERTZ wrote, "a man from California called [Sheriff McClure's Office] at least three (3) times in early 2011 [sic] and left messages saying that he had information about [Michael Roberts] being involved in a murder plot..." but [Sheriff McClure] failed to follow up with this "man from California." Of course the "man from California" to whom RUSSELL SCHERTZ is referring is DARREN MEADE. Also in this letter, RUSSELL SCHERTZ alleged the law enforcement entities that investigated and prosecuted his fiance, TRACEY RICHTER, were corrupt and / or incompetent, including the Douglas County Sheriffs Office (Omaha, Nebraska). Many ofthe same allegations and conspiracies alleged by RUSSELL SCHERTZ in this letter appeared later in DARREN MEADE's RIPOFF REPORT complaints concerning TRACEY RICHTER and the State's witnesses. RUSSELL SCHERTZ sent copies of this letter to over fifty people, including local and national media correspondents and U.S. Senators. What is most troubling about the allegations RUSSELL SCHERTZ made in this letter is that before his fiance was convicted for murder, RUSSELL SCHERTZ and TRACEY RICHTER were using Michael Roberts' then-amicable relationship with DARREN MEADE against him (Michael Roberts) in their custody proceedings. Additionally, on August 6, 2011, RUSSELL SCHERTZ called DARREN MEADE "CRAZY." On August 29, 2011, RUSSELL SCHERTZ told TRACEY RICHTER that DARREN MEADE was an "UNSTABLE CHARACTER." On April 26, 2012, ANNA RICHTER sent an e-mail from her account [anna_richter2003@yahoo.com] to a local newspaper journalist, which asked the reporter to look at the RIPOFF REPORT story published by DARREN MEADE and added "[fjhere is no 35
  • 36. doubt in my mind that some of the [members of the jury who convicted her daughter, TRACEY RICHTER, of murder] read the paper and internet that weekend and [TRACEY RICHTER's second ex-husband] made sure they were filled with his lies." On May 16, 2012, pursuant to a subpoena, SCA Smith gave testimony favorable to Michael Roberts in TRACEY RICHTER and Michael Roberts' custody proceedings. Prior to the hearing, TRACEY RICHTER asked the Court to transfer custody of their children to their maternal grandmother, ANNA RICHTER. Among other things, SCA Smith testified he beiieved ANNA RICHTER and TRACEY RICHTER conspired and attempted to solicit fraudulent testimony from convicted child molester Jim Landa to get TRACEY RICHTER a new murder trial and that TRACEY RICHTER had sent Jim Landa a picture of children knowing he was a convicted child molester. SCA Smith testified about the e-mails DARREN MEADE had sent him on April 24, 2012. SCA Smith testified DARREN MEADE's phone records proved he and ANNA RICHTER had been communicating and that other evidence obtained by law enforcement proved that Michael Roberts and DARREN MEADE had an amicable relationship up until around October 24, 2011, when Michael Roberts refused to give DARREN MEADE money. SCA Smith testified that he believed that TRACEY RICHTER and / or ANNA RICHTER had DARREN MEADE manufacture false evidence against Michael Roberts to use against him in the custody proceedings and to get TRACEY RICHTER a new murder trial, much the same way the two tried to with convicted child molester Jim Landa. On May 17, 2012, DARREN MEADE sent the following in an e-mail to SCA Smith: Being that I have no legal background, nor the ability to retain legal counsel, the testimony requested would be for the grand jury and the only way you would be willing to investigate the witness intimidation and alleged jury tampering [by Michael Roberts]? In regards to my ' outreach and phone calls to the tipline for the Dustin Wehde, I did not keep the telephone number. I left a voice mail and another time I believe I spoke to someone, it was a female. I did share my concerns about Michael Roberts. This would be to the best of my recollection December 2010 to January/February 2011. Mr. Smith, I am now terrified that it seems you have discussed my e-mails with Michael Roberts the person who has conspired to have me killed, attempted extortion and threatened me with arrest if I stepped forward with what I know. The appearance of the e-mails seems to indicate you spoke with Michael Roberts before even responding to myself. Forgive the accusation but it sincerely causes me hesitancy going forward for both an honest investigation and that my life may now be truly in- danger. On May 17, 2012, at 12:00 p.m. CST, SCA Smith told the following in an e-mail to DARREN MEADE: I can have a court reporter lined up for depositions anytime in the afternoon next week. Please tell me when you will be available (via Skype) to provide regarding the 36
  • 37. matters issues you have raised in your previous emails to me. On May 17, 2012, at 4:27 p.m., SCA Smith replied to DARREN MEADE: Yes, this matter was discussed with Michael Roberts. Let's be clear, I do not care about Michael Roberts, his ability to hack or whatever matters or dealings you guys have that do not relate to the investigation of crimes occurring in Sac County or over which Sac County would otherwise have jurisdiction. I do not care about Rexxfield or whatever business matters or dealings you and Michael Roberts shared. My question regarding the document I attached in the previous email required a simple yes or no; they either are yours or they are not. So, I would appreciate an answer to that question. Another matter that troubles me is your willingness to provide me, via email, all sorts of information and make very serious accusations about Michael Roberts; but yet you are unwilling to swear to the same under penalty of perjury. This causes me concern. There are some issues that concern me greatly regarding statements you have made, the following just being a few: neither the Sac County Sheriff nor the Sac City Police Department have a "tipline." Further, there is no record of anyone calling either one of the two aforementioned law enforcement entities (at their regular phone lines) from 2008 forward with information even remotely similar to that which you stated you previously provided. The Iowa Division of Criminal Investigation (DCI) has also told me they have no record of the same. Can you see how this is troubling? I know you have been in contact / had communication (via phone) with ANNA RICHTER. I also have a statement provided to me by a former associate of yours that indicates you told said associate that ANNA RICHTER had told you she (ANNA RICHTER) was working to get a new trial for her daughter, TRACEY RICHTER. Can you see how this is troubling? Even more troubling is the timing of your communications with me and your reference to the pending custodial matters in Buena Vista County. I also know that before you called my ioffice on April 12, 2012, you called a television news organization out of Sioux City. Again, this concerns me. You stated you believe your life to be in danger, so I am assuming you have made law enforcement in your area aware of such. Please provide me with the names of all such law enforcement entities to which you have made aware of said danger and your point(s) of contact for the same [to which you have reported these threats]. If you have not yet made such a complaint, then I suggest you [hang up the phone], dial 911, and [immediately report this threat to law enforcement]. You have leveled some very serious charges. As you can see from the above, we do take these matters seriously and will continue to investigate them accordingly. Please provide me with answers to all the above questions and please provide me with a yes or no as to whether you are going to make yourself available for a grand jury investigation. On May 17, 2012, 5:35 p.m. CDT, in response to S C A Smith's above-mentioned request, DARREN MEADE wrote SCA Smith the following: "In regards to your request I am i 37
  • 38. resubmitting my previous emails under the penalty of perjury. I trust this will do until we can get another agency to Investigate matters since you refuse too [sic] and seem very hostile from your other email." Interestingly, your applicant is not the first law enforcement official who DARREN MEADE accused of being hostile after calling DARREN MEADE out on his lies. In his aforementioned declaration, which was filed in a federal court on November 21, 2011, DARREN MEADE stated that during a phone call he had with an FBI SA on September 8, 2011, "During the call [the FBI SA] was hostile and accusatory towards me. He called me a liar on facts that he clearly had wrong." The e-mail referenced immediately above was the last communication SCA Smith has had with DARREN MEADE. On June 2, 2012, BERT PITMAN told TRACEY RICHTER he planned to give the Virginia Gazette information about Dr. John Pitman and his association with strippers. TRACEY RICHTER told BERT PITMAN to reach out to Dr. John Pitman's ex-girlfriend, Allisan Tucker. TRACEY RICHTER told BERT PITMAN to talk to a former co-worker of Dr. John Pitman to get dirt on [Dr. John Pitman]. TRACEY RICHTER said Dr. John Pitman associates with strippers and hookers. BERT PITMAN said the person who told BERT PITMAN personal, confidential information about one of Dr. John Pitman's patients, which information could be used against Dr. John Pitman, no longer worked for Dr. John Pitman. TRACEY RICHTER instructed BERT PITMAN to "reach out" to this person. BERT PITMAN said he planned to do this. On July 10, 2012, after learning Dr. Scott Connelly had produced DARREN MEADE's deposition pursuant to SCA Smith's investigatory subpoena, DARREN MEADE, in a series of e-mails, begged Dr. Scott Connelly to "pull back" the lawfully subpoenaed deposition from SCA Smith and advise SCA Smith that the deposition transcripts contained numerous inaccuracies. DARREN MEADE asked Dr. Scott Connelly why Dr. Scott Connelly again released DARREN MEADE's deposition with DARREN MEADE's prior approval or knowledge. Following his refusal to contact SCA Smith and "pull back" DARREN MEADE's deposition, Dr. Scott Connelly was defamed on RIPOFF REPORT by an anonymous author. On June 17, 2012, TRACEY RICHTER told ANNA RICHTER they had the ability to get the IP addresses of the people who published "complaints" on RIPOFF REPORT. ANNA RICHTER told TRACEY RICHTER that she was certain the person who put the information on RIPOFF REPORT about Michael Roberts was one of TRACEY RICHTER's friends. TRACEY RICHTER said one of the persons responsible for publishing the RIPOFF REPORT "complaints" about Michael Roberts was the owner of RIPOFF REPORT. TRACEY RICHTER then told her mother to stop talking about this matter over the phone. 38
  • 39. On June 29, 2012, DARREN MEADE called MATTHEW COOKE and the two spoke for close to ten minutes. This is the same MATTHEW COOKE who DARREN MEADE and ADAM ZUCKERMAN partnered with to monetize the aforementioned illicit SQL code by using it to remove RIPOFF REPORT complaints for profit ($5,000 per complaint removed). This is the same MATTHEW COOKE who DARREN MEADE told ED MAGEDSON and the FBI was responsible for deploying the illicit SQL hack into RIPOFF REPORT'S servers. On August 18, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE wanted information about Michael Roberts' business. ANNA RICHTER said DARREN asked her a number of questions. TRACEY RICHTER told ANNA RICHTER that DARREN MEADE needed to look up certain information about Michael Roberts. ANNA RICHTER asked TRACEY RICHTER a number of questions about Michael Roberts' business. ANNA RICHTER said these questions had come directly from DARREN MEADE. TRACEY RICHTER had ANNA RICHTER write some things down on a piece of paper to give to DARREN MEADE. ANNA RICHTER said DARREN MEADE told her that State's witness Raymond Friedman disgusted him. ANNA RICHTER said DARREN MEADE wanted to know where he could get a copy of the picture of Michael Roberts that TRACEY RICHTER published on the website deadbeatdad.org. ANNA RICHTER said DARREN MEADE said Michael Roberts looked crazy in that picture and DARREN MEADE planned to publish the picture in one of his upcoming RIPOFF REPORT complaints about State's witness Michael Roberts. ANNA RICHTER said DARREN MEADE had some really bad pictures of State's witness Mary Higgins that he also planned to publish on RIPOFF REPORT. ANNA RICHTER said DARREN MEADE told her that his publishing uncomplimentary pictures of the witnesses on RIPOFF REPORT was "childish and immature, but he [was] doing it anyway." ANNA RICHTER said DARREN MEADE said there was an unbelievable amount of lying and corruption involved in TRACEY RICHTER's criminal trial. TRACEY RICHTER directed ANNA RICHTER to have DARREN MEADE somehow obtain Michael Roberts' tax returns. ANNA RICHTER said she had already given DARREN MEADE a great deal of information about Michael Roberts. ANNA RICHTER said DARREN MEADE told her State's witnesses Michael Roberts and Raymond Friedman engaged in shady / crooked business practices around the time TRACEY RICHTER murdered Dustin Wehde. On August 20, 2012, TRACEY RICHTER asked ANNA RICHTER whether RUSSELL SCHERTZ was able to find computer files related to Michael Roberts' business. TRACEY RICHTER asked which of her computers ANNA RICHTER had in her possession. ANNA RICHTER said she had the silver computer. ANNA RICHTER said she just spoke with DARREN MEADE over the phone for one and a half hours. ANNA RICHTER said DARREN MEADE was getting more information and had asked ANNA RICHTER some questions. ANNA RICHTER said she had to get answers to these questions from TRACEY RICHTER's 39
  • 40. fiance, RUSSELL SCHERTZ. ANNA RICHTER said she did not want to discuss these questions over the phone. TRACEY RICHTER asked ANNA RICHTER if she found the "master file" on TRACEY RICHTER's computer. ANNA RICHTER said RUSSELL SCHERTZ took those (computers or files) to his residence in Omaha, Nebraska, because RUSSELL SCHERTZ knew better than ANNA RICHTER about such things. ANNA RICHTER said DARREN MEADE wanted information / documents proving TRACEY RICHTER had her name legally changed from TRACEY RICHTER to SOPHIA CORRINA THERESA BARONIN VON RICHTERHAUSEN EDWARDS. ANNA RICHTER said she told DARREN MEADE that TRACEY RICHTER's name change was real because ANNA RICHTER helped TRACEY RICHTER get copies of the document used to obtain her legal name change. S O P H I E C O R R I N A T E R E S E B A R O N I N V O N R I C H T E R H A U S E N E D W A R D S On March 11, 2009, Deputies of the Douglas County Sheriffs Office (DCSO) (Omaha, Nebraska) were dispatched to TRACEY RICHTER's apartment / residence in Omaha, Nebraska, to meet TRACEY RICHTER. When the DCSO Deputies arrived, TRACEY RICHTER identified herself as TRACEY RICHTER. TRACEY RICHTER reported that she believed her second ex-husband, Michael Roberts, had accessed the interior of her car and planted photographs of Dustin Wehde's dead body in effort to harass her. The DCSO later concluded Michael Roberts did not break into her car, and that TRACEY RICHTER made this false report in hopes to use it against Michael Roberts in some upcoming civil custody / child support proceeding. On April 4, 2009, furious at the DCSO Detective who refused to believe her, TRACEY RICHTER sent the following message to Iowa Division of Criminal Investigation (DCI) Special Agent (SA) Trent Vileta: One day [Michael Roberts] is going to hurt someone. When he does, I will have the joy of sitting back and saying 'I told you so.' At this point, even if it is me, it will be worth having his true character exposed. I just pray he never hurts our children. Wouldn't it be lovely if [Michael Roberts] hurt that asshole's (Douglas County Detective) kids? Fantasizing about that kind of stuff is about the only thing that gets me through moments like these. Later that same day, TRACEY RICHTER sent another e-mail to DCI SA Vileta, which stated that this Douglas County Detective "had just made the list." Fearing TRACEY RICHTER was planning to hurt this detective's children and frame 40
  • 41. Michael Roberts for it, law enforcement began looking into TRACEY RICHTER's background. On or around April 22, 2009, law enforcement learned that on February 19, 2008, TRACEY RICHTER went to the Iowa Drivers License Station in Spencer, Clay County, Iowa, for a name change on her Iowa Drivers License. The Iowa Department of Transportation (DOT) agent said TRACEY RICHTER signed an Iowa DOT form for a name change to SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS, and that TRACEY RICHTER provided the Iowa DOT with a copy of a court document filed in Buena Vista County District Court Case No. CDCD002755, a passport, and social security in the name "SOPHIE C. EDWARDS" as justification for the name change on her Iowa Drivers License. Law enforcement next learned that on January 17, 2009, the U.S. State Department issued U.S. Passport No. #####0483 to SOPHIE EDWARDS. Law enforcement learned that TRACEY RICHTER provided a social security number for SOPHIE EDWARDS as well as 1 an affidavit signed and notarized by her ex-sister-in-law, "LISA Roberts (Michael Roberts's sister)" in regards to TRACEY RICHTER's name change on her U.S. Passport to SOPHIE EDWARDS. The U.S. State Department advised that SOPHIE EDWARDS' last entry of travel was February 2009, U.S. Passport #####0483, and that her destination of travel was Los Cabos, Mexico. On ApnT 17, 2009, law enforcement telephoned LEISA Devine (NOT LISA as the name was spelled on TRACEY RICHTER's / Sophie Edwards' U.S. Passport change of name form) (formerly Leisa Roberts) to determine whether or not she filed an affidavit in regards to TRACEY RICHTER changing the name of her U.S. Passport to SOPHIE EDWARDS. Previously, Michael ROBERTS informed law enforcement he had one sister, Leisa, who would be TRACEY RICHTER's ex-sister-in-law. Michael Roberts stated that Leisa Devine last visited the United States around 1999. Law enforcement learned that the U.S. Passport Affidavit Regarding Change of Name, purportedly signed by "LISA Roberts," was executed at Boys Town, Omaha, Nebraska, was reviewed and signed by a State of Nebraska Notary on January 17, 2009. The address provided by "Lisa Roberts" was 1851 N. 115t h Plaza No. 3108, which was identified by law enforcement as being TRACEY RICHTER's residence at the time. Leisa Devine told law enforcement she last traveled to the United States in September 2000, for a three-week visit. Leisa Devine told law enforcement that she never signed and swore to an official document or affidavit on behalf of TRACEY RICHTER regarding a name change or for any reason. Therefore, she said that she never signed off on an affidavit regarding a name change of TRACEY RICHTER to SOPHIE EDWARDS. Leisa Devine told law enforcement she did not get along well with TRACEY RICHTER. Leisa Devine said that around 2003, TRACEY RICHTER and TRACEY RICHTER's mother, 41
  • 42. ANNA RICHTER, attempted to reach Leisa Devine at her place of employment via e-mail. Since TRACEY RICHTER and her mother, ANNA RICHTER, were not speaking fondly of her brother, Michael Roberts, she said that she requested her place of employment to block all future incoming e-mails from TRACEY RICHTER and TRACEY RICHTER's mother, ANNA RICHTER. On April 21, 2009, in a custody proceeding in Buena Vista County, Iowa, District Court Case No. CDCD002755, when cross-examined by her ex-husband, Michael Roberts, TRACEY RICHTER testified she had legally changed her name to SOPHIE EDWARDS, but she did not know whether or not her "legal" name change included a middle name. TRACEY RICHTER further testified she only used her new name, SOPHIE EDWARDS, for employment purposes, and that her vehicle was still registered in the name TRACEY RICHTER. When RICHTER was questioned as to whether or not she obtained a passport in her new name (SOPHIE EDWARDS), she responded, "No. I think my passport is still in my old name." When she was asked if she planned on getting a passport in her new name, RICHTER testified, "No." TRACEY RICHTER testified that her name change to SOPHIE EDWARDS was completed by filing an affidavit of name change, then providing the affidavit to the Iowa Department of Motor Vehicles to obtain a drivers license in her new name, SOPHIE EDWARDS. TRACEY RICHTER testified she did not file a petition for change of name in the State of Iowa with the Clerk of Court. She also admitted to the court in this proceeding that she did not have a Nebraska license, although she currently resided in Nebraska; instead, she admitted she currently had a valid Iowa driver's license utilizing the name SOPHIE EDWARDS. On May 7, 2009, law enforcement was told by the Social Security Administration (SSA) that on December 3, 2009, TRACEY RICHTER requested a name change of her social security card to the new name, SOPHIE C. EDWARDS, and that TRACEY RICHTER submitted a divorce decree filed in Buena Vista County District Court Case No. CDCD002755 and Iowa Drivers License No. #####3673 in the name of SOPHIE EDWARDS in order to obtain / justify a name change on her social security card. On' May 9, 2009, law enforcement learned that on or around November 21, 2008, for the purpose of obtaining financing for an automobile under the name SOPHIE EDWARDS, TRACEY RICHTER gave Lexus of Omaha a copy of what TRACEY RICHTER told Lexus of Omaha was a court order filed December 4, 2007, in Buena Vista County District Court Case No. CDCD002755, which, among other things, gave her the choice to RESUME using her MAIDEN NAME, SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS. The following is the decretal language contained in the court order TRACEY RICHTER provided Lexus of Omaha: 42 !
  • 43. it IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: (1) No further conciliation procedures shall be required in this action. (2) The marriage of Michael Ross Roberts and TRACEY RICHTER Roberts is hereby, dissolved, and the parties are restored to the same rights and privileges as unmarried persons. (3) The Respondent, TRACEY RICHTER Roberts (15 May 1966) may resume use of her maiden name SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS. (4) The Respondent is granted authority to obtain U.S. Passports for the minor children, [full name of minor child boy] (26 May 1998) and [full name of minor child girl] (13 FEB 2000) without the permission of the non-U.S. Citizen Petitioner who resides at an undisclosed address. (5) The Court retains jurisdiction to enter Findings of Fact, Conclusions of Law and Decree pertaining to all other issues in this case. On May 9, 2009, the Buena Vista County Clerk of District Court faxed law enforcement a certified copy of the only order entered in Case No. CDCD002755 on December 4, 2007. Said order was identical in all respects to the court order TRACEY RICHTER gave Lexus of Omaha, except the certified copy contained only the first, second, and fifth numbered paragraphs, numbered (1) (2), and (3), respectively, that were present in the copy ofthe decree TRACEY RICHTER gave Lexus of Omaha. The following is the how the decretal language contained in the certified copy ofthe Order appears: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: (1) No further conciliation procedures shall be required in this action. (2) The marriage of Michael Ross Roberts and TRACEY RICHTER Roberts is hereby, dissolved, and the parties are restored to the same rights and privileges as unmarried persons. (3) The Court retains jurisdiction to enter Findings of Fact, Conclusions of Law and Decree pertaining to all other issues in this case. On May 13, 2009, the Douglas County (Omaha, Nebraska) Sheriffs Office executed a search warrant at TRACEY RICHTER's apartment in Omaha, Nebraska. During the course of their search, inside a padlocked closet in TRACEY RICHTER's apartment, law enforcement found, among other things, the following items: a copy of the December 4, 2007, court order that was identical to the certified copy of the same sent to law enforcement by the Clerk of Court; a copy of the December 4, 2007, court order which was identical to that provided by Lexus of Omaha, which as noted above, contained two additional numbered paragraphs, which allowed TRACEY RICHTER to obtain passports for her children without their father's permission and resume using her maiden name, SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS; and a hybrid copy of the original order and a piece of paper containing the two additional paragraphs, cut, copied, and held together with Scotch Tape. Also found in TRACEY RICHTER's apartment was an unfiled, unsigned, yet completed Petition for Name change in the District Court of Douglas County, Nebraska, which, if filed 43
  • 44. with, and approved by the Court, would have legally changed TRACEY RICHTER's name to Heidi Joanna Forsbacka, which was / is the name of Michael Roberts' wife. TRACEY RICHTER, her mother, ANNA RICHTER, and her fiance, RUSSELL SCHERTZ, have accused law enforcement of planting the forged court decree, its scotched-taped precursor, and the certified copy of the original in the PADLOCKED closet in TRACEY RICHTER's Omaha apartment when they executed the search warrant. However, this does not explain why on July 27, 2010, in her felony perjury trial in Clay County, Iowa (Case No. FECR014399), TRACEY RICHTER stipulated on the record that these very same documents were found by law enforcement during its search of her apartment pursuant to the search warrant issued / executed on or about April 29, 2009. Furthermore, no one in TRACEY RICHTER's camp can provide a reasonable explanation as to why SOPHIE EDWARDS listed TRACEY RICHTER as a reference in a job application she submitted to a prospective employer on January 20, 2009. On May 18, 2009, TRACEY RICHTER wrote the following in another e-mail to DCI SA Vileta: Yes, they charged me with felony criminal impersonation. In their complaint they state that I bought the used Lexus under an assumed name, when in fact all the financing was in [the i name TRACEY RICHTER]. I think this is all about the complaints I made against [the ; Douglas County Sheriff's Office Detectives]. They talked about me forging a [document] to take the kids out ofthe country which is BS. I have [been] resisting them getting passports as late as this year. [Michael Roberts] took them to get passport photos whereas I filed passport alerts with both the Australian consulate and the US State Department. My philosophy was: no passport, no overseas travel in regard to our kids. Supposedly they found something in my house to support this passport claim. I would not put it past them trying to set me up. It should be easy enough to disprove. On May 27, 2009, TRACEY RICHTER was charged in Clay County, Iowa, with felony perjury for falsifying the DOT form. On July 27, 2010, she was convicted by a jury for the same crime. State v. Richter, Clay County District Court Case No. FECR014399 On June 9, 2009, TRACEY RICHTER was charged in Douglas County with criminal impersonation. On April 19, 2010, she pleaded no contest to felony welfare fraud. State v. Richter, Douglas County (Omaha, Nebraska) District Court Case No. CR 09 1318. After learning that law enforcement obtained the transcript of her testimony from April 21, 2009, TRACEY RICHTER, made form of threat to the court reporter who reported the proceedings, alleging the court reporter incorrectly reported the proceedings (assumedly, the part of her testimony where she lied about her SOPHIE EDWARDS passport). This threat caused the authorities in Buena Vista County to post flyers containing TRACEY 44
  • 45. RICHTER's Drivers License photograph and the following warning at the Courthouse's entrances: This photo is of [TRACEY RICHTER]. She has been arrested and released from Omaha, [Nebraska]. Due to the criminal charges that were filed against her in [Nebraska], she is extremely angry and upset not only with the authorities [in Nebraska] but also here in Buena Vista County. [TRACEY RICHTER] has made threats to an employee in the Clerk's Office as well as [the presiding Judge's] court reporter (who reported the proceedings, and generated a transcript of the same). All offices in the courthouse have been advised to watch for her, and if she enters the courthouse, they are to call immediately for law enforcement. [TRACEY RICHTER] is not banned from entering the courthouse at this time, however, law enforcement presence will be required anytime she is in the courthouse. On October 22, 2009, in her Response to Petitioner's Motion for Rule to Show Cause filed in Buena Vista County District Court No. CDCD002755, TRACEY RICHTER stated her name change was "done in an EU country where 'middle names' are not utilized" and that she did not select a middle name. TRACEY RICHTER further told the Court she did not have a passport issued under the name of SOPHIE EDWARDS and that her new Social Security number was issued to TRACEY RICHTER, not SOPHIE EDWARDS. TRACEY RICHTER also told the Court that she did not travel in February 2009. In June 2010, ANNA RICHTER wrote the following in a letter to then-Sac County Attorney Earl-Hardisty: After all of these crimes the only person being prosecuted is Tracey and she is the only one who has done nothing illegal. I am not going away until people are held accountable for their actions and that is including [the Douglas County Detective who investigated TRACEY RICHTER]. They tried to bring charges against her for using a fake name until it was proven she had a LEGAL name change. They supposedly found an altered court document in the search of Tracey's home. This document had her name change on it and permission to get the children passports. Needless to say [the Douglas County Detective who investigated TRACEY RICHTER] is the one who found it after another officer looked through that SAME FOLDER and didn't find it. First, why would she change a court document regarding her name when it was already changed legally? This is just one of many letter's I am sending out. I will not stop until Tracey's name is cleared and ALL charges are dropped and [Michael Roberts] and [the Douglas County Detective who investigated TRACEY RICHTER] are held responsible for their actions. I know first hand how corrupt the Douglas County Sheriff s Dept. is by what they have done to me. On July 28, 2010, ANNA RICHTER wrote the following in a letter to then-Sac County Attorney Earl Hardisty: 45
  • 46. il was with her when she went for her new Driver's license and I know for a fact it was not used. Also how could Tracey have committed perjury when the supervisor filled out the part of the form that Tracey left blank, after Tracey signed it????? You can tell it is a different ,handwriting and also they should have had Tracey initial it if there were changes made to it. Don't you agree? This whole thing is fishy to me and you would have to be awful naive or stupid not see what is going on. I also find it interesting that all of your so called witnesses [in the Dustin Wehde murder, then-suspicious death case] are proven to be nut cases. Following her arrest for murder, law enforcement seized, among many, many other things, two different name change documents TRACEY RICHTER had in a bag in her vehicle. The first document is titled: "Deed of Change of Name," which purports to be executed on the "4t h day of July 2006 ("July" and the number "4" are handwritten), and reads as follows: By SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS of 56, Gloucester Road, London in the County of Greater London now or lately known as Tracey Anne RICHTER a Commonwealth Citizen under section 37(1) of the British Nationality Act 1981, witnesses and it is hereby declared as follows: I absolutely and entirely renounce, relinquish and abandon the use of my said former name Tracey Anne Richter and assume, adopt and determine to take and use from the date hereof the name of SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS in substitution for my former name of Tracey Anne Richter. TRACEY RICHTER's (and SOPHIE EDWARDS') signatures on the purported "Deed of Change of Name" document mentioned above, is witnessed by TRACEY RICHTER's son, BERT PITMAN. The content ofthe second document is identical to the first, except its titled "UK Deed Poll Service, Deed of Change of Name (Deed Poll)" and purports to be executed "this 2 n d day of February in the year 2008 "2n d " ("February" and "2008" are handwritten. TRACEY RICHTER's (and SOPHIE EDWARDS') signatures on this document were also witnessed by BERT PITMAN. Sometime after she was arrested for murder, Scotland Yard (Metropolitan Police Headquarters in London, England) confirmed with law enforcement officials in Iowa that neither TRACEY RICHTER nor SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS were British / UK citizens. On; August 15, 2011, in her response to the State's resistance to Defendant's Motion to Reduce Bond, TRACEY RICHTER (aka SOPHIE CORRINA TERESE BARONIN VON RICHTERHAUSEN EDWARDS) admitted she did receive a new passport under the name of SOPHIE EDWARDS and did travel internationally using the same. On September 12, 2011, less than one month after she was arrested for first degree murder, and a little over a year after she had been convicted of felony fraud in Nebraska 46
  • 47. and felony perjury in Iowa, the U.S. Department of State filed a criminal complaint against TRACEY RICHTER for felony passport fraud (18 U.S.C. § 1542). Case No. 8:11MJ195 United States District Court for the District of Nebraska. This complaint was dismissed following her murder conviction and subsequent life sentence. As mentioned above, on or around September 9, 2012, DARREN MEADE published TRACEY RICHTER's second change of name document mentioned above, on RIPOFF REPORT; however, he conveniently cropped out the top quarter of the document where one usually finds some official government stamp, seal, or other marking that verifies a government form / legal document's authenticity. ANNA RICHTER has been vouching for the legality of TRACEY RICHTER's name change and has alleged to have witnessed TRACEY RICHTER NOT using / producing certain documents to facilitate this name change. As mentioned above, ANNA RICHTER was with TRACEY RICHTER when she went to the Iowa Department of Transportation (DOT) and witnessed her NOT produce the forged decree. ANNA RICHTER also was with TRACEY RICHTER when she went to buy the Lexus under the name SOPHIE EDWARDS and ANNA RICHTER witnessed her NOT produce the forged decree to the dealership to obtain credit in under the name SOPHIE EDWARDS. On August 25, 2012, TRACEY RICHTER told ANNA RICHTER that RUSSELL SCHERTZ was late getting to the prison to visit her because he had been giving documents to DARREN MEADE. TRACEY RICHTER told ANNA RICHTER that RUSSELL SCHERTZ had previously stated he planned to send documents to DARREN MEADE. On August 29, 2012, ANNA RICHTER told TRACEY RICHTER she had been on the internet looking at information RUSSELL SCHERTZ sent her. TRACEY RICHTER asked whether RUSSELL SCHERTZ had found or sent "anything of any value. ANNA RICHTER said RUSSELL SCHERTZ had sent the information to "you know who," and "you know who" would be going through this information. ANNA RICHTER said there are other things that should be "coming out" shortly. ANNA RICHTER said "what's his name" wanted to know if Michael Roberts was ever deposed or interviewed. TRACEY RICHTER said RUSSELL SCHERTZ had a copy of Michael Roberts's interview on a disk. On September 5, 2012, DARREN MEADE (dmeade@kairos-meade.com) wrote the following to his friend SIAMACK YAGHOBI (siamack.yaghobi@gmail.com): i 47
  • 48. The Tracey Story' is the article I have written, read the narrative and when it gets to the links 'of the Dateline episode, watch them in sequence. I have documents and reports which will also be embedded in the article. The flow charts I asked if you can help me with, will be apart of the article. In the ["players"] document, you will see one section that [is] the Michael & Tracey outline, that is what needs to be detailed and also a flow chart on the jury tampering itself. We can work at my house, but it would be a few hours [until] we can, I had some early meetings, and need to sleep more [than] pray. What is your schedule like later today? Let me know as well if you [are able to] follow the article. Included in this e-mail, DARREN MEADE attached two MS Word documents. One of these documents is DARREN MEADE's RIPOFF REPORT complaint No. 938843 (as it appears on RIPOFF REPORT, but in MS Word format) mentioned and discussed at great lengths throughout the remainder of this affidavit) The other attached MS Word document contained DARREN MEADE's notes on all the State's witnesses and law enforcement officials titled "The Players." On September 6, 2012, in his response to DARREN MEADE's e-mail above, SIAMACK YAGHOBI gave DARREN MEADE suggested additions to what ultimately would become DARREN MEADE's RIPOFF REPORT complaint No. 938843. Most damning in SIAMACK YAGHOBI's response, however, is SIAMACK YAGHOBI told DARREN MEADE that he (SIAMACK YAGHOBI) planned to "FILE A REBUTTAL" on the article that would attack Michael Roberts. The significance of SIAMACK YAGHOBI's statement to DARREN MEADE here cannot be understated, as it and other information discussed in this affidavit demonstrates that ED MAGEDSON / RIPOFF REPORT and DARREN MEADE know the anonymous authors publishing add-on complaints and rebuttals to DARREN MEADE's RIPOFF REPORT complaints, including RIPOFF REPORT complaint No. 938843. On September 7, 2012, TRACEY RICHTER asked ANNA RICHTER whether she got the information she needed from RUSSELL SCHERTZ. TRACEY RICHTER asked whether RUSSELL SCHERTZ put a copy of this information on ANNA RICHTER's computer. ANNA RICHTER said, "supposedly tomorrow or Saturday, all the other stuff is going to be taken care of." [In context, this was an obvious reference to DARREN MEADE's forthcoming RIPOFF REPORT complaint No. 938843) about the State's witnesses] On September 9, 2012, DARREN MEADE published RIPOFF REPORT complaint No. 938843, which purports to be the results of his investigation into the corruption surrounding TRACEY RICHTER's criminal prosecution and conviction, but which is nothing more than DARREN MEADE's and ED MAGEDSON's / RIPOFF REPORT'S efforts to harass and defame the State's witnesses in retaliation for their testimony against TRACEY RICHTER. Although DARREN MEADE published the complaint on September 9, 2012 (Sunday), it did not appear on RIPOFF REPORT until September 11, 2012 (Tuesday). RIPOFF REPORT 48
  • 49. I complaint No. 938843 and its progeny (e.g., add-on complaints, rebuttals, and hyperlinks to other derogatory RIPOFF REPORT complaints about the State's witnesses), among many other things, falsely accuses the State's witnesses and their family members of committing murder, theft, perjury, child molestation, and having sexually transmitted diseases. RIPOFF REPORT / ED MAGEDSON and DARREN MEADE published RIPOFF REPORT complaint No. 938843 as a "featured" RIPOFF REPORT complaint, which is advertised conspicuously on each of RIPOFF REPORT'S approximate 1.8 million complaint pages. By ED MAGEDSON's and DARREN MEADE's own admissions that www.ripoffreport.com is i viewed "a couple million times a day," since complaint No. 938843 was published and featured (September 9, 2012), it is has been viewed over 1.2 BILLION times. On September 11, 2012, DARREN MEADE sent the following e-mail to ANNA RICHTER, , DONNA BISTRICAN, RUSSELL SCHERTZ, and JOHN RICHTER: Anna and Russ, Thank you for being patient and [sic] during my investigation, [sic] I know it took longer than expected. If you can promote the article and ask people to offer their honest opinion, not to compliment me, but to share their own stories of Ben Smith, Mary Higgins, Michael Roberts, Vileta, etc. http://www.ripoffreport.com/ben-smith-michael- roberts-rexxfield/prosecutorial-misconduct/sac-city-sac-county-iowa-B1 A77.htm On September 11, 2012, DARREN MEADE (dmeade@kairos-meade.com) wrote the following in an e-mail to a SIAMACK YAGHOBI (siamack.yaghobi@gmail.com): "Here is the link to the article it posted tonight. This will give you an idea of layout for RIPOFF REPORT." http://www.ripoffreport.com/ben-smith-michael-roberts-rexxfield/prosecutorial- misconduct/sac-city-sac-county-iowa-B1 A77.htm On September 12, 2012, DARREN MEADE told private investigator Tina Church, who has assisted with this investigation, that ED MAGEDSON was the one who suggested to DARREN MEADE that DARREN MEADE should research / investigate TRACEY RICHTER's case. DARREN MEADE told private investigator Tina Church that ED MAGEDSON said he (ED MAGEDSON) would "promote" DARREN MEADE's work on the case and "get a couple million visitors per day on the site." In discussing his efforts to help TRACEY RICHTER obtain a new trial, DARREN MEADE told the investigator the following: The three main witnesses in her trial gave completely different testimony than any of their depositions, including one month before the trial where they say what they are going to testify to and to let Ben Smith know if they are going to testify to anything different, and they all completely testified the opposite of what they said they were going to do. On September 13, 2012, ANNA RICHTER said DARREN MEADE found more information and jplanned to publish it on RIPOFF REPORT at a later date. On September 13, 2012, DARREN MEADE told private investigator Tina Church that he 49
  • 50. might be able to get Michael Roberts to leave the U.S. if Michael Roberts believed he was about to be arrested. On September 14, 2012, in a three-way phone conversation between ED MAGEDSON, DARREN MEADE, and private investigator Tina Church, ED MAGEDSON said the following: I do not have people writing for me "per se," but if [the investigator] wanted to publish articles / complaints on RIPOFF REPORT and wanted to make them searchable...AND IF YOU WANT TO GO TO THE TOP OF THE SEARCH ENGINE, all you need to do is name the city, put the name ofthe attorney, you know, where you want it to be found by the clerk of the court, whatever you put up [on RIPOFF REPORT] within 20 minutes to an hour or so it would be at the top of Google. ED MAGEDSON then told private investigator Tina Church to "search Ben Smith, Sac County Prosecutor (the title to DARREN MEADE's RIPOFF REPORT complaint No. 938843), see what you get." DARREN MEADE told private investigator Tina Church that ED MAGEDSON and ED MAGEDSON's attorneys had discussed that SCA Smith was not acting in the capacity of his official duties, but was acting more like Michael Roberts' personal attorney. Then, ED MAGEDSON interjected stating "that would be a good title, Prosecutor - you know, Ben Smith, Sac County Prosecutor...acts as [Michael Roberts] personal attorney." DARREN MEADE then told the investigator "the thing about [ED MAGEDSON] is if you ever need a title [for a RIPOFF REPORT complaint], he is the one to ask." Towards the end of the conversation, ED MAGEDSON told DARREN MEADE to link one of DARREN MEADE's other RIPOFF REPORT "complaints" about Michael Roberts to DARREN MEADE's September 9, 2012, RIPOFF REPORT complaint (complaint No. 938843) On September 14, 2012, ANNA RICHTER told private investigator Tina Church the following: [DARREN MEADE] got ahold of [DONNA BISTRICAN] and put something on the Internet. That's a friend of my daughter's. And had put something on the Internet, and I guess [DARREN MEADE] read it and he contacted her and then asked if he could talk to me, so she said, well, I don't want to give you her phone number, let me call her first and see if it's okay. That's when [DARREN MEADE] contacted me and said he believed in her innocence because too many things just were not adding up. And that he was going to help me to prove her innocence, and I was flabbergasted, because here is this man, doesn't know us at all and is there wanting to help us. On September 15, 2012, ANNA RICHTER told TRACEY RICHTER about DARREN MEADE's September 11, 2012, RIPOFF REPORT complaint No. 938843; specifically, ANNA RICHTER said there was new information on RIPOFF REPORT about State's 50
  • 51. witnesses Raymond Friedman, Mary Higgins, and Mona Wehde. ANNA RICHTER also said DARREN MEADE planned to publish more information on RIPOFF REPORT concerning the State's witnesses at a later date. ANNA RICHTER further said the "big connection was money, and that State's witnesses Raymond Friedman and Michael Roberts were each other's alibi." ANNA RICHTER told TRACEY RICHTER that the pictures of State's witness Mary Higgins published on RIPOFF REPORT by DARREN MEADE were hysterical. ANNA RICHTER said DARREN MEADE discovered evidence of Michael Roberts having a sexual relationship with Dustin Wehde, TRACEY RICHTER's murder victim. TRACEY RICHTER said she was glad someone was putting the truth out there. TRACEY RICHTER said DONNA BISTRICAN would help ANNA RICHTER create a Facebook page. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN send State's witness (murder victim's sister) Ashley Wehde a Facebook message with a link to DARREN MEADE's RIPOFF REPORT complaint No. 938843. ANNA RICHTER said DARREN MEADE published a short story about State's witness (and murder victim's mother) Mona Wehde in this RIPOFF REPORT. The RIPOFF REPORT complaint or story to which ANNA RICHTER is referring alleges that Mona Wehde was also criminally responsible for her son's (Dustin Wehde) death. On September 16, 2012, DARREN MEADE told private investigator Tina Church that he was publishing an update on RIPOFF REPORT about State's witness Raymond Friedman. DARREN MEADE also told private investigator Tina Church the following: So what this really is the - you have - besides [State's witness Mary Higgins's] testimony, you have two other people's testimony who tied in the prosecution's time line on why [TRACEY RICHTER] murdered [Dustin Wehde], and those two people are [State's witnesses Marie Friedman and Ray Friedman]. Now, [State's witness Raymond Friedman and Marie Friedman] were interviewed the day after the shooting, and their interviews are the exact opposite of what they testified to in court. But what happened in between that [time] is [State's witness Raymond Friedman] was paid $25,000 [by State's witness Michael Roberts] When private investigator Tina Church asked DARREN MEADE about DARREN MEADE's aforementioned deposition, which apparently had been published somewhere on the internet, possibly on RIPOFF REPORT, DARREN MEADE said the following: [Michael Roberts]...published these fake transcripts from a deposition I gave. And I have never defended those, but I haven't defended them because I want them all over the Internet where they can't go and take that stuff down. I want them baked into their position. When private investigator Tina Church asked DARREN MEADE whether the depositions were fake, DARREN MEADE said the following: Not totally fake. What it is...they changed portions of my answers in there. They also don't 51 1
  • 52. lhave the corrects to the deposition that I gave. So they are miss - they are altered transcripts. They also don't contain the corrections that are supposed to be in there. Later in their conversation, DARREN MEADE told private investigator Tina Church the following: The [September 9, 2012, RIPOFF REPORT complaint about the State's witnesses (No. 938843)], I LAID THAT ALL OUT. NOW, I DID BECAUSE [ED MAGEDSON] OFFERED IT TO ME, YOU KNOW, TO HAVE [RIPOFF REPORT] GO IN AND DROP SOME COLOR PHOTOS IN THERE, BUT I DID ALL OF THAT ON MYSELF. [ED MAGEDSON] HAS JUST OFFERED THE PLATFORM, YOU KNOW, ofthe site because he is passionate about ending the death penalty. I wrote the article on Tracey just because I am sitting here going "what the hell is going on," and I was able to get some information and I have some information I'm still going to bring out. On September 18, 2012, an extremely upset / distraught TRACEY RICHTER told ANNA RICHTER she was angry with SCA Smith, because she believed SCA Smith's testimony in her custody hearing was the reason she lost the custody case with Michael Roberts. ANNA RICHTER said she would contact DARREN MEADE because he planned to put something else out there (assumedly about SCA Smith). ANNA RICHTER said DARREN MEADE wanted something from ANNA RICHTER and wanted to publish this something on RIPOFF REPORT that very day. TRACEY RICHTER, still sobbing hysterically, told ANNA RICHTER she did not know what to do now that she lost custody of her kids, which she again blamed on SCA Smith. ANNA RICHTER said that is why WE are trying to "get [SCA Smith]" and that there was something else going on that she cold not discuss with TRACEY RICHTER over the phone. TRACEY RICHTER said RUSSELL SCHERTZ told TRACEY RICHTER about a conversation DARREN MEADE had with "someone." ANNA RICHTER said "someone" is going to be investigating Michael Roberts. TRACEY RICHTER directed ANNA RICHTER to activate TRACEY RICHTER's Facebook page. ANNA RICHTER said her dream is to get SCA Smith disbarred. TRACEY RICHTER said the reason she did not get custody of her kids was because of SCA Smith's testimony at her custody hearing about her aforementioned correspondence with convicted child molester Jim Landa [Although, I am fairly certain TRACEY RICHTER's murder conviction and life imprisonment played some role in the Court's decision to give Michael Roberts' full custody of their children]. ANNA RICHTER said "well, that it is it, I am going to get ahold of [DARREN MEADE] to see if [he can do something]" about SCA Smith. ANNA RICHTER said she talked "to that one person." TRACEY RICHTER asked whether this was the same person that had previously spoken with DARREN MEADE, and ANNA RICHTER said it was. On; September 20, 2012, DARREN MEADE told Dr. Scott Connelly that RIPOFF REPORT owner / operator ED MAGEDSON planned to spend the night at DARREN MEADE's 52
  • 53. Laguna Beach residence. Later, DARREN MEADE said he and ED MAGEDSON traveled together to San Diego where ED MAGEDSON purchased a boat. On September 20, 2012, ED MAGEDSON sent the following e-mail to the producer ofthe Australian version ofthe U.S. television newsmagazine 60 Minutes: Also - You may want to look into this story / I steak [sic] my reputation on this . :-) http://www.ripoffreport.com/ben-smith-michael-roberts-rexxfield/prosecutorial- misconductysac-city-sac-county-iowa-B1A77.htm Darren, who I copied on this e-mail string could explain more., but, The guy in this story (worth a 60 minutes story) in the above LINK is trying to go back to Australia as he is Australian / Michael Roberts He is also featured in this article here http://www.ripoffreport.com/organized-crime/google-cide-exposed/google-cideexposed-by- the-man-01cd6.htm http://www.ripoffreport.com/Search/Michael%20Roberts.aspx author of the above Reports [sic] DARREN MEADE [sic] is located in Laguna Beach, California. Darren testified to FBI on several occasions about Michael Ross Roberts. RIPOFF REPORT has helped every TV News Magazine with stories over the last 15 years. We will never steer you wrong ! :-) HERE IS [DARREN MEADE's] CONTACT INFO On September 21 2012, TRACEY RICHTER asked ANNA RICHTER what had been going on with "that guy (DARREN MEADE)" and whether DARREN MEADE had recently published anything on RIPOFF REPORT or any other place on the internet. ANNA RICHTER said DARREN MEADE published an article on RIPOFF REPORT, Google, and another place online. ANNA RICHTER said ED MAGEDSON / RIPOFF REPORT put up a disclaimer that DARREN MEADE had been publishing these RIPOFF REPORT complaints on his own volition. TRACEY RICHTER described the file sharing software / service Dropbox as an "online briefcases people can open if you send them a link." ANNA RICHTER said she asked DARREN MEADE whether she (ANNA RICHTER) should respond to Michael Roberts' comments, and that DARREN MEADE said he would take care of it. ANNA RICHTER said DARREN MEADE is going to create his own website. TRACEY RICHTER told ANNA RICHTER to print off RIPOFF REPORT complaint No. 938843 and send it to her at the prison. ANNA RICHTER said DARREN MEADE said he / RIPOFF REPORT planned to publish numerous pictures of TRACEY RICHTER with her children in effort to "humanize" her, which ANNA RICHTER had given to DARREN MEADE. TRACEY RICHTER said there should be pictures of her and the kids on her (TRACEY RICHTER's) computer. TRACEY RICHTER said RUSSELL SCHERTZ had the password for this computer. TRACEY RICHTER said RUSSELL SCHERTZ had like-pictures in boxes in his 53
  • 54. garage. On September 28, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE had asked her and RUSSELL SCHERTZ for permission to put "good stuff' about TRACEY RICHTER up on RIPOFF REPORT. TRACEY RICHTER said she saw the pictures of Mary Higgins that DARREN MEADE published on RIPOFF REPORT and that they were horrible. On October 7, 2012, in an e-mail to Dr. Scott Connelly, DARREN MEADE said the following about his deposition: ALL of my corrections were NOT contained within the depositions you provided to [SCA Smith]. The agreement we had was clear, it would not be disseminated without garnering my approval. We had signed a mutual release shortly after I resigned from Progenex. This deposition was done as a favor to you personally before the case was dismissed to help in your settlement with Progenex. Ben Smith is essentially acting as Michael Roberts personal attorney in this matter. Why do you think the DA of Sac County Iowa would be requesting a deposition which was never entered into evidence, and the case, dismissed, between parties that already executed a Mutual Release? I [had] stated [SCA Smith] is 'essentially acting as Roberts' attorney', which is true. On April 2, 2012, I filed an update on RIPOFF REPORT [about Michael Roberts]. On October 10, 2012, DARREN MEADE told Dr. Scott Connelly that the damage caused by the dissemination of his "fake" depositions had cost DARREN MEADE employment opportunities and "millions of dollars." On October 11, 2012, TRACEY RICHTER told her mother that in his September 9, 2012, RIPOFF REPORT complaint (No. 938843), DARREN MEADE inaccurately stated that State's witness Dr. John Pitman's medical practice was located in Chicago, Illinois, and that DARREN MEADE should correct the RIPOFF REPORT complaint to list the correct location of Dr. John Pitman's medical practice, Williamsburg, Virginia. TRACEY RICHTER directed her mother to bring this to DARREN MEADE's attention. On October 19, 2012, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was unable to access certain videos and documents on his RIPOFF REPORT complaints and that he planned to call RIPOFF REPORT to get it fixed. On November 2, 2012, DARREN MEADE asked his friend SIAMACK YAGHOBI the following: "Do you know anyone talented with making You Tube videos that might be willing to make a video for a small amount of money, it would be used to end Google-Cide." On November 8, 2012, ANNA RICHTER told TRACEY RICHTER that she was worried about DARREN MEADE as she had not heard from him in two weeks. ANNA RICHTER said she tried to contact DARREN MEADE by e-mail and telephone numerous times, but he 54
  • 55. had not responded. On November 22, 2012, DARREN MEADE published an add-on complaint to his RIPOFF REPORT complaint No. 938843, which he titled "Michael Roberts of Mile2, Lies, and Audiotapes Causes (Alleged) Perjury of Sac County Attorney Ben Smith Case No. CDCD002755." The substantive content of this add-on / rebuttal is in keeping with its title. On November 25, 2012, the anonymous author "VICTIM OF MICHAEL ROBERTS XELLEX MILE2" posted an add-on / complaint to Ripoffreport.com complaint No. 938843, claimed to have been groomed by State's witness MICHAEL ROBERTS to kill TRACEY RICHTER. Said add-on complaint, which purported to be authored by a fifteen-year-old sex abuse victim of Michael Roberts, alleged Michael Roberts was a drug abuser, homosexual, pedophile, and rapist. Said author claimed to have first hand knowledge that MICHAEL ROBERTS chose DUSTIN WEHDE to kill TRACEY RICHTER, and stated, among other things, the following: I believed Michael Roberts would kill me if I spoke up. Michael had promised me that we would run off and have a new beginning as father and son the moment I followed his plan. He made the same offer to Dustin and promised they would leave town together that evening. On November 25, 2012, anonymous author "TIMMY" published RIPOFF REPORT complaint No. 973523, with the following title: MICHAEL ROBERTS XELLEX REXXFIELD VACATION BIBLE SCHOOL VACATION BIBLE SCHOOL MOLESTER, YOUNG BOYS TRUST BETRAYED, GROOMING FOR ABUSE AND MURDER, INTERNET. The content of this RIPOFF REPORT complaint is in keeping with its title and is essentially identical to the content of a comment / rebuttal to RIPOFF REPORT complaint No. 938843. On November 29, 2012, ANNA RICHTER told TRACEY RICHTER that something extremely important had to be done by that Monday, but that she could not talk about it with her over the phone. ANNA RICHTER said she had been exchanging text communications with DARREN MEADE, and DARREN MEADE had to get a hold of the attorney representing TRACEY RICHTER on the direct appeal of her murder conviction. The following demonstrates the extremely important matter DARREN MEADE had to discuss with the attorney representing TRACEY RICHTER on appeal probably had something to do with this newly discovered evidence found by DARREN MEADE. THE PHANTOM JUROR 55
  • 56. As mentioned above, on April 26, 2012, ANNA RICHTER sent an e-mail from her account [anna_richter2003@yahoo.com] to a local newspaper journalist, asking the journalist to look at the RIPOFF REPORT story published by DARREN MEADE. ANNA RICHTER told the journalist: "There is no doubt in my mind that some of the [members of the jury who convicted her daughter, TRACEY RICHTER, of murder] read the paper and internet that weekend and [TRACEY RICHTER's second ex-husband] made sure they were filled with his lies." On June 1, 2012, DARREN MEADE posted the following on The Virginia Gazette's website: "One person purporting to have been a juror in the Richter murder trial claims to have [googled] TRACEY RICHTER and what they located online made them decide to convict her." Coincidentally, this same thing happened to TRACEY RICHTER following her second felony conviction (perjury), which was on July 27, 2010, in the Clay County District Court (Iowa), Case No. FECR014399. On August 18, 2010, while her direct appeal of her felony perjury conviction was being prepared, someone purporting to be one of the Clay County jurors who convicted her wrote the following on the Storm Lake Pilot Tribune's website: I was a juror at the 7/12/10 trial. Her lawyer did not even show us a legal name change and presented no evidence. During lunch break I googled her and learned the truth about her. There was no way I was going to let her walk. In another coincidence, around the same time this anonymous juror published the above- mentioned comment, ANNA RICHTER wrote the following in a letter to then-Sac County Attorney Earl Hardisty: I'm sure that you found out that [TRACEY RICHTER] was found guilty of perjury in [Clay County]. Funny how her attorney refused to put on a defense for her, saying there was no need to. Naturally we are appealing it. In her motion for new trial filed October 6, 2010, TRACEY RICHTER offered up this supposed instance of juror misconduct as grounds for a new criminal trial: There appeared an internet posting on or about August 18, 2010 on the Storm Lake Pilot Tribune website in apparent response to a reprint of an article on the 2001 Early shooting case in which the Dustin Wehde died in the Defendant's home. The internet posting indicated that 'I was a juror at the 7/12/10 trial. Her lawyer did not even show us a legal name change and presented no evidence. During lunch break I googled her and learned the truth about her. There was no way I was going to let her walk. 56
  • 57. On December 10, 2012, ANNA RICHTER told TRACEY RICHTER that RIPOFF REPORT owner ED MAGEDSON wanted BERT PITMAN to send ED MAGEDSON and DARREN MEADE certain information. On December 14, 2012, at TRACEY RICHTER's direction, DARREN MEADE published RIPOFF REPORT complaints Nos. 982235 and 981918, which are open letters from TRACEY RICHTER to her and Michael Roberts' children, N.R. and M.R. These "letters" were clearly intended to reach Michael Roberts' minor children when their names are entered into a Google. RIPOFF REPORT complaint No. 982235, which is DARREN MEADE's / TRACEY RICHTER's open letter to Michael Roberts daughter, M.R. then 12 years old, is titled: [M R.] - [M.R ] / MICHAEL ROBERTS REXXFIELD FOUND TO ABUSE CHILDREN AND WIFE TRACEY RICHTER CONTINUES ABUSE BY REFUSING TO ALLOW MOTHER AND DAUGHTER TO CONTACT ONE ANOTHER / MILE2 CHILD ABUSE MILE2, DR HEIDI ROBERTS CONDONES ABUSE OF [M.R.] AND [N.R.] GOOGLE-CIDE, DR SCOTT CONNELLY INTERNET RIPOFF REPORT complaint No. 981918, which is DARREN MEADE's / TRACEY RICHTER's open letter to Michael Roberts son, N.R., is titled: [N.R.] - Michael Roberts Rexxfield Abusing Children By Refusing Contact His Mother TRACEY RICHTER 60 Minutes Australia Mile2 Sac County Prosecutor Ben Smith [M.R.] Google-cide TRACEY RICHTER and DARREN MEADE's above-mentioned letters to N.R. and M.R., and their add-on complaints and the content of the complaints behind the numerous inserted hyperlinks, are filled with demeaning and defamatory content about their father, Michael Roberts, which, if taken at face value, would be extremely distressing to a child. DARREN MEADE and TRACEY RICHTER's "letters" to here to N.R. and M.R. were clearly intended to reach Michael Roberts' minor children via Google. In fact, as of July 5, 2014, when "[N.R.'s full name] and [M.R.'s full name]" is searched using Google, DARREN MEADE and TRACEY RICHTER's letters to N.R. and M.R. appear first and second, respectively, on the first page ofthe Google search result. On January 5, 2013, ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com) told DARREN MEADE dmeade@kairos-meade.com) that private investigator Tina Church wanted to help with TRACEY RICHTER's case and directed DARREN MEADE to contact private investigator Tina Church. 57
  • 58. On January 6, 2013, DARREN MEADE dmeade@kairos-meade.com) sent the following in an e-mail to private investigator Tina Church, which he copied to ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com) and ANNA RICHTER (anna_richter2003@yahoo.com): I enjoyed our previous conversations, and was hopeful we might be able to utilize your name and know-how, to what I had uncovered in regards to the 'abuse of process', 'prosecutorial misconduct', 'witness intimidation' and wrongful prosecution of TRACEY RICHTER. We had spoken about working together to not only help TRACEY RICHTER but others suffering the same travesty of justice. In good faith I put you in touch with both ED MAGEDSON of Ripoff Report and ANNA RICHTER the mother of TRACEY RICHTER. Tina, is it possible to authenticate that you are in fact the known private investigator Tina Church, whom worked often with Innocent Project? I've come across multiple electronic artifacts that have linked you to Michael Roberts / Rexxfield. Michael Roberts is the master mind whom has placed TRACEY RICHTER in prison for life without the possibility of parole, conspired to have me killed (which is on audio tape) and 4 months ago began offering $2,500 for anyone woman to come forward and provide testimony that I raped them. TRACEY RICHTER is innocent, if you can help her family, then they certainly need your help. Equally, you can take the work I have done, and call it your own. On January 6, 2013, ED MAGEDSON / RIPOFF REPORT wrote the following in an e-mail to private investigator Tina Church, which he copied to DARREN MEADE (dmeade@kairos- meade.com) and ANNA RICHTER (anna_richter2003@yahoo.com): When you called me the other night you made a comment to me that was very disturbing to me. You stated to me, DARREN MEADE told you that he worked for me.. Darren would never lie. He never has and will not be working for Ripoff Report. This is a well-known claim by Michael Roberts. AGAIN, I HAVE NEVER EVER KNOWN DARREN TO TELL A LIE, OR EVEN SWAY FROM THE TRUTH IN THE SLIGHTEST BIT. IF HE IS NOT SURE OF SOMETHING, HE WILL NOT SAY IT. DARREN IS THE REAL DEAL. If Darren is wrong, or I am wrong -1 hope you will understand our concern here. On January 8, 2013, RIPOFF REPORT owner ED MAGEDSON (EDitor@ripoffreport.com) wrote the following in an e-mail to private investigator Tina Church: I am not sure if you are who you say you are, .. and if you could be somehow not a double agent ... For all I know, you think Michael Roberts' is not guilty and you want to try and save him.. I have no idea what is going on - but, something is not right. ALL I WANT.. I WANT TO DO ANYTHING THAT HELPS FREE TRACEY - - I want to do anything that helps those that are not guilty - after rescuing dogs from being euthanized every day, and my website helping consumers - the only other thing on my wish list is to help those you are sitting on death row and those that got life wrongfully. Again, if I am wrong - and you are smart, .. you can see why I feel the way I do. I AM WILLING TO FEATURING ARTICLES AND 58
  • 59. PLACE ADVERTISEMENTS FOR THE CAUSE ON MY WEBSITE. On January 9, 2013, the Iowa court of appeals affirmed TRACEY RICHTER's murder conviction. On January 9, 2013, ANNA RICHTER told TRACEY RICHTER she lost her appeal. ANNA RICHTER said she published a comment on RIPOFF REPORT that TRACEY RICHTER was not able to bring up new information on her direct appeal. ANNA RICHTER said DARREN MEADE wanted TRACEY RICHTER's attorney to serve him with a subpoena concerning threats he alleged SCA Smith made to him. ANNA RICHTER said she had things that she needed to discuss with DARREN MEADE. TRACEY RICHTER said they needed to subpoena this information from DARREN MEADE to "keep him out of the middle." On January 9, 2012, DARREN MEADE published an add-on complaint to his September 9, 2012, RIPOFF REPORT complaint No. 938843, which he titled: THE EVIDENCE OF PROSECUTORIAL MISCONDUCT AND WITNESS TAMPERING CANNOT BE INTRODUCED UNTIL AFTER THE "DIRECT APPEAL" (WHICH MEAN ONLY EVIDENCE FROM THE TRIAL) IS EXHAUSTED. In this comment / add-on complaint, DARREN MEADE published the following statements TRACEY RICHTER's fiance, RUSSELL SCHERTZ, made about the Court's decision: [RUSSELL SCHERTZ] admits the decision will cost Richter, and her family, "years that they cannot get back." Richter's appeal was what's called a "direct appeal," which means it could only include evidence in the court record from the trial. But, Schertz says he's uncovering new information about "prosecutorial misconduct and witness tampering" that he thinks should allow for a new trial in the future. For now, Schertz says the family will file an appeal with the Iowa Supreme Court in the next 20 days. On January 10, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE was upset that TRACEY RICHTER lost her direct appeal of her murder conviction. ANNA RICHTER and TRACEY RICHTER discussed the post-conviction relief (PCR) process versus that of the direct appeal; specifically, that new evidence can be considered in a PCR action. ANNA RICHTER said DARREN MEADE told her he discovered information that proved Michael Roberts had motive to frame Dr. John Pitman for TRACEY RICHTER's murder. ANNA RICHTER said they needed to attack the testimony of the State's witnesses. ANNA RICHTER said she and high school graduate DARREN MEADE discussed trial strategy, specifically, putting doubts in the jurors' minds. ANNA RICHTER said DARREN MEADE planned to publish a RIPOFF REPORT complaint about the horrible job he believed TRACEY RICHTER's criminal defense attorneys did in representing her. Later, the two discussed why they believed Michael Roberts was homosexual. 59
  • 60. On January 11, 2013, DARREN MEADE (dmeade@kairos-meade.com), in an e-mail to ANNA RICHTER (annar_richter2003@yahoo.com), RUSSELL SCHERTZ (rschertz@cox.net), and DONNA BISTRICAN (bcbdonna@gmail.com) said he created the website TraceyRichter.com, and asked the group to have their friends and family to spend a couple hours per week creating additional links to the site. The website www.TraceyRichter.com is replete with links to all the RIPOFF REPORT complaints concerning the State's witnesses that are referenced in this affidavit. It also provides links to * the following active social media accounts purporting to be owned, controlled, and authored by TRACEY RICHTER: Facebook.com, YouTube.com, Twitter.com, AboutMe.com, and others, all of which contain recent (as recently as June 10, 2014) posts, comments, and other content that link to the RIPOFF REPORT articles about the State's witnesses. DARREN MEADE also told them the content up on TraceyRichter.com should be more from their voices, not his, and that creating these additional profiles and links to the website would make them all more visible on Google-type search results (thus making the RIPOFF REPORT complaints more visible). Also in this e-mail, DARREN MEADE provided the above-named recipients with the login, password, and e-mail (freetraceyrichter@gmail.com) for the website. On January 12, 2013, ANNA RICHTER told TRACEY RICHTER that ANNA RICHTER's son, JOHN RICHTER, a police detective from another state, obtained information about Dr. John Pitman's arrest and had given it to her. ANNA RICHTER said BERT PITMAN told her that Dr. John Pitman spends all his money on prostitutes. Dr. John Pitman had been arrested pursuant to a bench warrant for failing to appear for court in a civil matter, and the contempt charge was never adjudicated. On January 13, 2013, ED MAGEDSON directed DARREN MEADE to contact private investigator Tina Church to discus their "strategy." On January 13, 2013, ANNA RICHTER (anna_richter2003@yahoo.com) sent the following e-mail to BERT PITMAN (bpitman09@gmail.com): Contact [reporter's name]@vagazette.com, [a reporter from the Virginia Gazette]. I told him about [Dr. John Pitman's] arrest and other things regarding his taking money from you and not paying for your college and his girlfriend from Canada. I told him you have more info on her then I do. Sorry but after what your dad did to Tracey I want him to know how it feels to have his name in the paper and not in a good way. Once we get the mugshot of him Darren is going to do a piece on him. I also gave this Carter the Ben Smith Website and the new one on your mom which I sent you. I hope we can get him interested. Don't put it off. This is important. On January 14, 2012, DARREN MEADE published yet another add-on complaint to his 60
  • 61. September 9, 2012, RIPOFF REPORT complaint (No. 938843), in which high school graduate DARREN MEADE explained to readers that difference between a direct appeal and a habeas corpus action (Post Conviction Relief). Specifically, that newly discovered evidenced, such as "prosecutorial misconduct" and "witness tampering" can be introduced in the latter to obtain a new trial, and not in the former. On January 14, 2013, TRACEY RICHTER asked ANNA RICHTER if there was a "mug shot" of Dr. John Pitman. ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman is pushing his surgery practice into the ground. TRACEY RICHTER stated she hoped to get more information on Dr. John Pitman and that she wanted to see Dr. John Pitman's mug shot. ANNA RICHTER said she e-mailed ED MAGEDSON, the owner / operator of RIPOFF REPORT, and "that one attorney," which the two had discussed earlier. ANNA RICHTER said she e-mailed ED MAGEDSON and DARREN MEADE about ED MAGEDSON something believed to be related to TRACEY RICHTER's case and RIPOFF REPORT. ANNA RICHTER said BERT PITMAN posted a lot of this content on Facebook. TRACEY RICHTER said they needed to get sworn statements from people but that she did not want to mention any names over the phone. On January 14, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE asked her for documents from the wrongful death lawsuit brought against TRACEY RICHTER by Dustin Wehde's estate. On January 21, 2013, author "BRETT COLLINS" published RIPOFF REPORT complaint No. 1000888, titled "DR. JOHN PITTMAN THE THIRD, MEDICAL DOCTOR PLASTIC SURGERY CENTER NAME, PITTMAN SURGICAL ASSOCIATES, A STRANGE EX- HUSBAND KEY WITNESS ARRESTED BY SIX ARMED OFFICERS PLASTIC SURGERY PRACTICE, UNITED STATES ARMY COL." Among other things, this RIPOFF REPORT complaint accuses Dr. John Pitman of committing perjury, compounding felonies, ongoing illicit drug use / abuse, and associating with strippers and hookers. The article continues, alleging that Dr. John Pitman is driving his practice into the ground with "shabby work." [During one of their phone conversations, ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman "was driving his practice into the ground"]. Also in this complaint are links to other RIPOFF REPORT complaints concerning Dr. John Pitman. On January 22, 2013, BERT PITMAN sent the following e-mail message to the Virginia Gazette; shortly thereafter, he forwarded the message to ANNA RICHTER as proof he completed the task which she had given him: To whom it may concern, My grandmother, ANNA RICHTER, had informed me about a week ago that she had e-mailed you about my father John Pitman and mother TRACEY RICHTER. I would like to speak with you about very important recent and past occurrences. 61
  • 62. Including his recent arrest, his possession of the police report on the house invasion/ "murder", his relationship with Allisan "lachesis" tucker, and many other important and case breaking actions committed by my father. John Pitman has painted a picture of himself and his life that is nothing other than a facade. Sorry it took a little while to contact you, I have been very busy moving to Richmond, working and obviously this has been a extremely tough situation for a son to be in. My number is 7575855037, please call me at your convenience. BERT PITMAN. On January 25, 2013, add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1000888, titled "DR. JOHN PITMAN AND MICHAEL ROBERTS REXXFIELD CAUGHT RED-HANDED," was published on RIPOFF REPORT. In this add-on complaint, anonymous author, "2 DEADBEAT DADS" alleged, among other things, that Michael Roberts and Dr. John Pitman were responsible for Dustin Wehde's murder. The following excerpt was contained in the body of the complaint: "[Michael Roberts] told Dateline NBC of wanting to kill John Pittman prior to 2001, and that Roberts claimed he had more money than Pittman and would outspend him in the custody hearings over his stepson." [TRACEY RICHTER and ANNA RICHTER discussed this same subject matter (Michael Roberts wanting to kill Dr. John Pitman) - in one of their prison phone conversations right before "2 DEADBEAT DADS" published this RIPOFF REPORT complaint, which concerned the very same subject matter] On January 25, 2013, an add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1000888, titled "DR. JOHN PITTMAN AND MICHAEL ROBERTS VEGAS ORGIES, SHE/HE AND HE/HE TWISTER, DR. PRESCRIBING PAIN PILLS FOR SEX FUELED NIGHTS," was published on RIPOFF REPORT. The substantive content of this add-on complaint, which was authored by anonymous author "SHARED VICTIMS," is in keeping with the subject matter described in its title. This add-on complaint, like most, if not all the other RIPOFF REPORT complaints concerning the State's witnesses, contains numerous hyperlinks that redirect viewers / readers to other RIPOFF REPORT complaints about the State's witnesses. On January 25, 2013, an add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1005913 was published on RIPOFF REPORT with the following title: DR. JOHN PITTMAN CHEATS ON WIFE LISA PITTMAN WITH RAPPER. DR. JOHN PITTMAN BROKE WITH MULTIPLE TAX IRS TAX LIENS, FINANCES VIDEO FOR RAPPER WHICH HAS A BRUTAL HOME INVASION MURDER SIMILAR TO THE HUSBAND CHEATS ON DEAD FISH WIFE LISA PITMAN, ALLISON TUCKER, TRACEY RICHTER MURDER TRIAL, SAC COUNTY IOWA WILLIAMSBURG, VIRGINIA On January 30, 2013, author "LACHESIS" published RIPOFF REPORT complaint No. 1005913, the content of which is in line with its title: 62
  • 63. DR. JOHN PITMAN CHEATS ON WIFE LISA PITMAN WITH RAPPER LACHESIS. DR JOHN PITMAN BROKE WITH MULTIPLE TAX IRS TAX LIENS, FINANCES VIDEO FOR LACHESIS WHICH HAS A BRUTAL HOME INVASION MURDER SIMILAR TO THE HUSBAND CHEATS ON DEAD FISH WIFE LISA PITMAN, ALLISAN TUCKER, TRACEY RICHTER MURDER TRIAL, SAC COUNTY IOWA WILLIAMSBURG, VIRGINIA." On January 31, 2013, ANNA RICHTER told TRACEY RICHTER she was unable to locate certain information concerning the CHILDREN of one of the State's witnesses. TRACEY RICHTER asked if there was any new news on Dr. John Pitman. ANNA RICHTER said there was a story on the internet concerning Dr. John Pitman, but ANNA RICHTER thought it was authored by someone else. ANNA RICHTER said the RIPOFF REPORT article on Dr. John Pitman was crazy, because it was about Dr. John Pitman having orgies and being fat. ANNA RICHTER then said something to the following effect: DR. JOHN PITMAN IS NOT GOING TO HAVE ANY MONEY BECAUSE OF THESE RIPOFF REPORT ARTICLES. TRACEY RICHTER said BERT PITMAN had once said Dr. John Pitman had orgies. ANNA RICHTER said she was debating whether to publish an add-on complaint / comment on the RIPOFF REPORT complaints concerning Dr. John Pitman. TRACEY RICHTER said it would be better if "WE" do not have any personal connection to the negative stories. ANNA RICHTER claimed she did not know who wrote the "crazy stuff' about Dr. John Pitman. On February 5, 2013, DARREN MEADE published RIPOFF REPORT complaint No. 1009000, the subject matter of which is in keeping with its title: MILE2 MICHAEL ROBERTS REXXFIELD RAYMOND FRIEDMAN" WRITES MILE2 MICHAEL ROBERTS REXXFIELD RAYMOND FRIEDMAN MARIE FRIEDMAN GRAPHIC DEPICTIONS OF CHILD MOLESTATION, CHILD TORTURE, EXACT RECIPES OF LIQUID EXPLOSIVES, TYPE BOMBS ILLICIT RECORDINGS, INTERNET. On February 6, 2013, anonymous author "RAID" published an add-on complaint (rebuttal) to RIPOFF REPORT complaint No. 1009000, the subject matter of which is in keeping with its title: MICHAEL ROBERTSON RAYMOND FRIEDMAN MADE MILE2 CEASE TO EXIST OUT OF FEAR OF THE CHILD TORTURE PORN ON YOUR FREE MIGHT PUT US OUT OF BUSINESS. On February 7, 2013, TRACEY RICHTER relayed a phone number to ANNA RICHTER using a code the two developed. The coded message, which was later deciphered, was the phone number of a school TRACEY RICHTER and RUSSELL SCHERTZ believed one of her and Michael Roberts' child M.R. was currently attending. TRACEY RICHTER said RUSSELL SCHERTZ had called the school, but that it would not give him any information because he was not immediate family. TRACEY RICHTER directed ANNA RICHTER to call 63
  • 64. the school. ANNA RICHTER said DARREN MEADE told her the copy of his deposition that was given to SCA Smith by Dr. Scott Connelly was fake. On February 14, 2013, ANNA RICHTER told TRACEY RICHTER that DONNA BISTRICAN posted something on Facebook about TRACEY RICHTER's case. TRACEY RICHTER directed ANNA RICHTER to have BERT PITMAN post something similar on Facebook. ANNA RICHTER said DARREN MEADE and ED MAGEDSON / RIPOFF REPORT planned to publish another RIPOFF REPORT complaint [presumably concerning the State's witnesses]. TRACEY RICHTER said "stuff is coming out about Dr. John Pitman." Then, just as ANNA RICHTER mentioned DARREN MEADE's name, TRACEY RICHTER directed her to stop talking about [DARREN MEADE, Dr. John Pitman, and RIPOFF REPORT] over the phone, and that the two would talk about it in person during ANNA RICHTER's next visit to the prison. ANNA RICHTER said she had information to pass along to TRACEY RICHTER from DARREN MEADE, but that she would wait and tell it to TRACEY RICHTER during her next visit with her at the prison TRACEY RICHTER at the prison. Later during their conversation, ANNA RICHTER said she stored e-mails from RIPOFF REPORT on her computer. On February 17, 2013, TRACEY RICHTER sent a letter to DONNA BISTRICAN asking her to manage her e-mail, social media, and other online accounts. In this same letter, TRACEY RICHTER wrote she believed SCA Smith or DCI SA Vileta were linked to her prison counselor and that her prison counselor had been in contact with someone connected to [Michael Roberts], but TRACEY RICHTER did not know which one (either SCA Smith or DCI SA Vileta) because "the FBI [would not] give [her and her family / friends] a name at this point." On March 6, 2013, in an add-on complaint (rebuttal) published in RIPOFF REPORT No. 938843, anonymous / fictitious author "BETHANY" made comments generally defaming MICHAEL ROBERTS. Interestingly, at the bottom of this rebuttal / comment, author "BETHANY" just so happened to include a link to DARREN MEADE's website www.cyberbountyhuntersblog.com. On March 7, 2013, DARREN MEADE published State's witness Michael Roberts' wife's (Heidi Forsbacka) bank account information on his website cyberbountyhunger.com. The manner in which this information appeared or was displayed on DARREN MEADE's website and other circumstances strongly suggest Ms. Forsbacka's banking information was obtained illegally (i.e., computer hacking). Later, on April 8, 2013, DARREN MEADE sent an e-mail message wherein he freely admitted possessing and publishing Michael Roberts' wife's banking information. On March 22, 2013, BERT PITMAN told TRACEY RICHTER that he planned to give "the 64
  • 65. addresses to the group." On April 2, 2013, ANNA RICHTER told TRACEY RICHTER that she called BERT PITMAN about an internet article / news story concerning TRACEY RICHTER, which ANNA RICHTER believed Dr. John Pitman published and / or authored. ANNA RICHTER said DARREN MEADE had "all kinds of stuff up" in response to this article. ANNA RICHTER further told TRACEY RICHTER that "this is the last straw" as for Dr. John Pitman, and that she planned to "fight back." TRACEY RICHTER directed ANNA RICHTER to get DARREN MEADE to put "all these things together." On April 2, 2013, ANNA RICHTER and TRACEY RICHTER cryptically discussed State's witness Mary Higgins. ANNA RICHTER said her and DONNA BISTRICAN recently had a discussion about State's witness Mary Higgins. The following demonstrates that TRACEY RICHTER and ANNA RICHTER have been using DONNA BISTRICAN to intimidate State's witness Mary Higgins since before TRACEY RICHTER's murder trial started. DONNA BISTRICAN On September 21, 2011, TRACEY RICHTER wrote the following letter to ANNA RICHTER from the Sac County Jail: [State's witness Mary Higgins] is crazy, no wonder [Mary Higgins] didn't have any friends. [Mary Higgins] needs to get her [medication] adjusted and go to church. Our talk last night helped me a great deal. Please send my best to [DONNA BISTRICAN]. I miss her. I was also upset over [Mary Higgins'] comments about [DONNA BISTRICAN]. It was mean spirited and unnecessary. [DONNA BISTRICAN] doesn't have a mean or dishonest bone in her body. She never did anything to warrant [Mary Higgins'] cruelness. In late September 2011 or early October 2011, about three weeks before TRACEY RICHTER's murder trial started, Mary Higgins was jogging not far from her rural Early, Iowa, farmstead on the gravel roads on which she always jogged, when she saw a larger than normal rock lying near the middle of the gravel road. Underneath the rock, Mary Higgins found a note which said, "DEMON B E GONE." The note also had numbers on it. Mary Higgins reluctantly provided the above-information to law enforcement out of concern for her and her family's safety on October 4, 2011. A Des Moines, Iowa resident since 2010, DONNA BISTRICAN had previously been neighbors in Early, Iowa. DONNA BISTRICAN is one of TRACEY RICHTER's most loyal, 65
  • 66. dedicated followers. Information provided to law enforcement suggests DONNA BISTRICAN was in the Early, Iowa area around the time State's witness Mary Higgins found this note. Shortly after Michael Roberts filed for divorce from TRACEY RICHTER, which was on or around May 7, 2004, DONNA BISTRICAN sent Michael Roberts the following in an e-mail, which served as an electronic exorcism or "e-exorcism" of Michael Roberts: "In Jesus name I bind Satan and his DEMONS TO COME OUT OF YOU (Michael Roberts) now and get away from you (Michael Roberts) now." In a communication to JOHN RICHTER in February 2012, DONNA BISTRICAN admitted to sending this e-mail to Michael Roberts. Mary Higgins and her family have reported that their farmstead residence has been burglarized at least five times since TRACEY RICHTER was convicted of murder (November 7, 2011). Following one of these break-ins, the lock from the home's front door had been removed, reassembled, and placed in the center of their kitchen floor. Another time they returned home to find their kitchen chairs turned upside-down. On April 11, 2013, TRACEY RICHTER and ANNA RICHTER discussed getting Dr. John Pitman to sign an affidavit swearing the information / statements attributed to him in an online article in the online UK newspaper "The Daily Mirror" were false. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN get Dr. John Pitman to retract these statements. TRACEY RICHTER told ANNA RICHTER to have BERT PITMAN get certain information about Michael Roberts and Dr. John Pitman, and give it to either DARREN MEADE or ED MAGEDSON / RIPOFF REPORT. ANNA RICHTER said more and more people "from out there" believed Dr. John Pitman hired Dustin Wehde to attack / kill TRACEY RICHTER, and that she would discuss it more in detail during her next visit to the prison. TRACEY RICHTER told ANNA RICHTER to get the password for the laptop in ANNA RICHTER's possession from her fiance, RUSSELL SCHERTZ. On April 15, 2013, SCA Smith moved to quash a subpoena issued to the Sac County Sheriff by TRACEY RICHTER in the contempt action she filed in the Buena Vista County, Iowa, District Court against Michael Roberts for non-payment of child support. In said motion, to address another like-subpoena TRACEY RICHTER's custody / child support attorney issued to DARREN MEADE for the "names and individuals that you know have been threatened by [SCA Smith]," SCA Smith discussed DARREN MEADE's aforementioned deposition, wherein DARREN MEADE testified he knowingly consorted and conspired with 66
  • 67. convicted felons to harass and defame a witness in a civil matter. Also included in S C A Smith's motion was a reference to DARREN MEADE's deposition testimony concerning RIPOFF REPORT: RIPOFF REPORT never deletes anything written about somebody. So it's the perfect place to defame somebody because it will always stay up, and for some reason it winds up ranking on the first page of Google. So if you want to destroy somebody's reputation, that's a great place to do it. On April 17, 2013, ANNA RICHTER told TRACEY RICHTER that she had just gotten off the phone with an FBI agent. Then the two discussed what TRACEY RICHTER's attorney needed to subpoena, but agreed they should not talk about it over the phone. ANNA RICHTER said that "a certain person" would be calling TRACEY RICHTER's child support / custody attorney, but did not want to tell TRACEY RICHTER who the "someone" was or talk about the matter over the phone any further. On or around April 18, 2013, ANNA RICHTER sent DARREN MEADE a Western Union Money Gram in the amount of $400.00, which he deposited into his Bank of America account. On April 18, 2013, DARREN MEADE asked a friend whether the friend knew "someone who had time to "make one to two videos for [DARREN MEADE] per week." DARREN MEADE told this person that he had written "two ofthe scripts and wish to find someone whom could make the videos have the look and feel of a breaking news story such as CNN did with the recent bombings in Boston." On April 25, 2013, ANNA RICHTER told TRACEY RICHTER she wanted to go after Dr. John Pitman (or SCA Smith) with a vengeance. TRACEY RICHTER asked ANNA RICHTER whether "they" are putting certain information into the video [presumably a video about the State's witnesses]. ANNA RICHTER responded that they should making this video because she, ANNA RICHTER, had given "them" the information. On April 30, 2013, an e-mail containing a "non-indexed" link accessing a copy of SCA Smith's aforementioned Motion to Quash (MTQ) was sent to ED MAGEDSON's e-mail address (EDitor@ripoffreport.com), which ED MAGEDSON accessed and viewed, then forwarded to DARREN MEADE, who also accessed and viewed the same. ED MAGEDSON's viewing S C A Smith's MTQ was at least the second time ED MAGEDSON / RIPOFF REPORT was made of aware of DARREN MEADE's deposition (SCA Smith's MTQ referenced and cited DARREN MEADE's deposition) - the same deposition in which DARREN MEADE testified that RIPOFF REPORT was a "great place to destroy someone's reputation" and that he was hired by convicted felons to harass and defame a witness via the internet. 67
  • 68. "Non-indexed" links (or URL's uniform resource locators") host content which is intentionally hidden from search engine results pages thus restricting access to the link from anyone using common search engine tools to discover online content. In this case, the links could only be accessed (or opened) by directly clicking on the link contained in the body of an e-mail delivered to a targeted individual. Accessing or clicking the link is recorded on the server hosting the URL and the server's log files automatically records the date and time (in GMT) as well as the Geolocation of the IP address of the recipient's computer used to access their e-mail account. Any such IP recovery data can only be recorded by those directly receiving the e-mail from the originating sender or those individuals who are forwarded the e-mail from the intended "target" (or "recipient zero") of the e-mail. Therefore, the first IP recorded in this instance was traced to ED MAGEDSON, who then forwarded it to an individual who opened it disclosing an IP address linked to DARREN MEADE's computer. On May 5, 2013, TRACEY RICHTER and ANNA RICHTER discussed the letter TRACEY RICHTER's child support / custody attorney wrote to the Sac County Board of Supervisors, wherein said attorney accused SCA Smith of committing a crime and violating an ethical rule. TRACEY RICHTER told ANNA RICHTER to "feel free to give a copy of the letter to 'someone' if they wanted one." Later, TRACEY RICHTER expressly told ANNA RICHTER to have DARREN MEADE published the letter on the internet and give a copy of it to DONNA BISTRICAN. On May 6, 2013, an e-mail containing a "non-indexed" link to a YouTube video described below in "The Glenn Puit Disappearing RIPOFF REPORT Complaint" was sent to ED MAGEDSON's e-mail address (EDitor@ripoffreport.com), which, like the non-indexed link mentioned above, ED MAGEDSON accessed and viewed, then forwarded to DARREN MEADE, who accessed and viewed it. G L E N N P U I T ' S D I S A P P E A R I N G R I P O F F R E P O R T C O M P L A I N T Back in January 2012, ED MAGEDSON and DARREN MEADE solicited the services of investigative journalist Glenn Puit to create what would become RIPOFF REPORT complaints Nos. 828918 and 829020. The following factual assertions can be taken from DARREN MEADE's e-mail and other communications to and from ED MAGEDSON and others between December 2011 through February 2012: ED MAGEDSON paid DARREN MEADE to work directly with investigative journalist, Glenn Puit. ED MAGEDSON 68
  • 69. personally directed content edits and changes to Glenn Puit's work. ED MAGEDSON / RIPOFF REPORT'S attorneys reviewed Glenn Puit's complaint before it was published on RIPOFF REPORT'S website. ED MAGEDSON asked that Glenn Puit address specific issues and allegations against certain individuals in his article. ED MAGEDSON directed DARREN MEADE to create other RIPOFF REPORT complaints. ED MAGEDSON had DARREN MEADE edit various RIPOFF REPORT complaints to include certain content so that these complaints would be more visible and rank higher on internet search results. ED MAGEDSON suggested that DARREN MEADE format DARREN MEADE's complaints in a way that would make them more viewer friendly. DARREN MEADE told investigative journalist Glenn Puit the only way ED MAGEDSON would allow certain audio / visual content to appear in journalist's complaint is through DARREN MEADE and if the articles were beneficial to RIPOFF REPORT'S interests. ED MAGEDSON directed DARREN MEADE to "create new titles for the preexisting derogatory RIPOFF REPORT complaints about DARREN MEADE. ED MAGEDSON promised to "optimize" them so that existing unfavorable RIPOFF REPORT complaint(s) about DARREN MEADE would be effectively removed from the internet. On January 11, 2012, ED MAGEDSON / RIPOFF REPORT paid DARREN MEADE $2,500.00 (check No. 002498) with the memo "[Public Relations] thru Feb 15t h 2012." On January 23, 2012, when asked whether Glenn Puit's anticipated RIPOFF REPORT complaint would be a "featured" RIPOFF REPORT complaint, DARREN MEADE said: "I don't believe the first article will be linked on every page, [because there was] no benefit to ROR." As mentioned earlier, on January 26, 2012, Journalist Glenn Puit, published RIPOFF REPORT complaint No. 829020. The original report's headline was simply "COMPLAINT REVIEW: GOOGLE-CIDE: THE FULL STORY PROGENEX LEADERS ADAM ZUCKERMAN, RYAN PAGE," and the title's first sentence read: "PROGENEX MANAGERS ADAM STUART ZUCKERMAN AND RYAN PAGE NEGOTIATE CONTRACT WITH REXXFIELD ONLINE REPUTATION MANAGEMENT MICHAEL ROBERTS IN ATTEMPT TO COMMERCIALIZE INJECTION SOURCE CODE." The article was a damning account of the criminal activities of convicted felons ADAM ZUCKERMAN and KIRK MCMAHAN described earlier herein. Glenn Puit's original RIPOFF REPORT complaint here was originally published and was located at the following URL address: http://www.ripoffreport.com/business- consultants/google-cide-the-full/google-cide-the-full-story-b3660.htm Sometime on or after March 13, 2012 but before April 30, 2013, ED MAGEDSON or another RIPOFF REPORT agent created an unauthorized duplicate copy of Glenn Puit's article and 69
  • 70. therein effected subtle changes with the clear intent of increasing harm done to Michael Roberts. The following is the new URL for the duplicated / edited RIPOFF REPORT complaint: http://www.ripoffreport.com/r/Michael-Roberts-Rexxfield-Google-cide-The-Full- Story-Progenex-leaders-Adam-Stuart-Zuckerman-Ryan-Page/Costa-Mesa-California- 92626/Michael-Roberts-Rexxfield-Progenex-Managers-Adam-Zuckerman-and-Ryan-Page- negotiate-contr-829020 On May 27, 2014, ED MAGEDSON or another RIPOFF REPORT agent made substantive changes to the article in that he changed both the heading and sub-heading to draw more attention to Michael Roberts and his business, Rexxfield. The headline was changed to following: "COMPLAINT REVIEW: MICHAEL ROBERTS, REXXFIELD, GOOGLE-CIDE: THE FULL STORY PROGENEX LEADERS ADAM STUART ZUCKERMAN, RYAN PAGE"; and the first sentence of the title was changed to: "MICHAEL ROBERTS, REXXFIELD, PROGENEX MANAGERS ADAM ZUCKERMAN AND RYAN PAGE NEGOTIATE CONTRACT WITH REXXFIELD ONLINE REPUTATION MANAGEMENT MICHAEL ROBERTS IN ATTEMPT TO COMMERCIALIZE INJECTION SOURCE CODE." The changes made by RIPOFF REPORT administrators to the duplicated article's sub- heading / title and URL serve no purpose except to increase the damage done to Michael Roberts. The extra emphasis on Michael Roberts' personal name and business name in both the sub-heading / title and more conspicuously, in the URL, is clearly an attempt by RIPOFF REPORT to use generally accepted "Search Engine Optimization" techniques in order to persuade Google and other search engines to elevate this RIPOFF REPORT complaint in search results for Michael Roberts' name. On or about April 30, 2013 SCA Smith discovered the unauthorized derivative of Glenn Puit's original article. Thereafter, journalist Glenn Puit was notified about the change. After learning ofthe change, Glenn Puit contacted ED MAGEDSON directly to protest the issue. Shortly thereafter, ED MAGEDSON or an agent of RIPOFF REPORT deleted the new URL. These facts were memorialized by Michael Roberts in the form of a YouTube "screen cast" video, which clearly establishes both the existence of the unauthorized article and its subsequent deletion. The evidence suggests that when ED MAGEDSON learned of this YouTube video, he or one of RIPOFF REPORT'S agents restored the deleted page so that it would not result in an error message displaying the phrase "The resource you are looking for has been removed, had its name changed, or is temporarily unavailable," which is what was displayed after ED MAGEDSON deleted the original article and had the original URL redirect to the new unauthorized version. This change of URL and redirection provision is evidenced by Glenn Puit's RIPOFF 70
  • 71. REPORT complaint No. 828918, which still references the old URL with the following quote: "To read my second story on this matter that delves into allegations of computer hacking, please go to http.7/www.ripoffreport.com/business-consultants/google-cide-the-full/google- cide-the-full-story-b3660.htm" The aforementioned changes to Glenn Puit's initial RIPOFF REPORT effectively thrust Michael Roberts into the role DARREN MEADE played in his and ADAM ZUCKERMAN's organization's ongoing-criminal enterprise discussed earlier. On May 7, 2013, one day after ED MAGEDSON and DARREN MEADE accessed and viewed the link to Michael Roberts' YouTube screencast, which proved ED MAGEDSON or another RIPOFF REPORT agent removed and republished an amended RIPOFF REPORT complaint, ANNA RICHTER told TRACEY RICHTER that S C A Smith was attempting to intimidate DARREN MEADE by going through ED MAGEDSON. TRACEY RICHTER told ANNA RICHTER that DARREN MEADE needed to send "stuff." On May 17, 2013, an e-mail containing a "non-indexed" link accessing a copy of DARREN MEADE's February 28, 2011, e-mail to MATTHEW COOKE, in which DARREN MEADE sought to enforce his purported right to acquire the exclusive rights to the highly illegal hacking technology that he and ADAM ZUCKERMAN used to remove RIPOFF REPORT complaints for profit. ED MAGEDSON accessed and viewed this e-mail and then forwarded the same to DARREN MEADE who also accessed and viewed it. This e-mail communication provided ED MAGEDSON unimpeachable evidence that in 2011 his / RIPOFF REPORT employee and BFF, DARREN MEADE, tried to purchase the very hacking technology DARREN MEADE told ED MAGEDSON and the FBI was used to hack RIPOFF REPORT'S servers and remove RIPOFF REPORT complaints. On May 28, 2013, an e-mail containing a "non-indexed" link accessing a copy of a February 20, 2011, e-mail message from DARREN MEADE to convicted felon ADAM ZUCKERMAN was sent to ED MAGEDSON, who accessed and viewed it and then forwarded the same to DARREN MEADE, who also accessed and viewed it. In this e-mail, which DARREN MEADE gave the subject heading, "Conspiracy Theory Gone Wild," DARREN MEADE suggested he and ADAM ZUCKERMAN's organization begin publicly accusing Michael Roberts of being criminally responsible for Dustin Wehde's murder (i.e., Michael Roberts hired Dustin Wehde to murder TRACEY RICHTER, which resulted in TRACEY RICHTER defending herself by shooting Dustin Wehde nine times and killing him) to "pressure" and intimidate Michael Roberts into handing his business over to DARREN MEADE and ADAM 71
  • 72. ZUCKERMAN. Towards the end of his e-mail to convicted felon ADAM ZUCKERMAN, DARREN MEADE suggested that he and ADAM ZUCKERMAN get together to devise how to "play this card" against Michael Roberts. DARREN MEADE sent this e-mail to ADAM ZUCKERMAN around the same time DARREN MEADE, TRACEY RICHTER, ANNA RICHTER, and RUSSELL SCHERTZ alleged DARREN MEADE provided Iowa law enforcement with information implicating Michael Roberts in Dustin Wehde's murder. The information contained in this e-mail, which computer forensics proved was viewed by ED MAGEDSON, is contrary to that contained in almost all of ED MAGEDSON's, DARREN MEADE's, and the anonymous authors' RIPOFF REPORT complaints about Michael Roberts and the State's witnesses, and also contrary to DARREN MEADE's deposition, which, as discussed above, ED MAGEDSON / RIPOFF REPORT and at least one of RIPOFF REPORT'S attorney were well aware of as early as January 2012. On June 6, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE wanted TRACEY RICHTER to provide him with the location of sensitive, embarrassing information concerning a family member of one of Michael Roberts' former employees. DARREN MEADE subsequently posted this information on RIPOFF REPORT. ANNA RICHTER also said DARREN MEADE had sent her (ANNA RICHTER) some information / documents, but that she would discuss it with TRACEY RICHTER in person during their next prison visit. ANNA RICHTER also told TRACEY RICHTER that in his Motion to Quash, SCA Smith was "moaning" that "they" had given information / documents to DARREN MEADE. TRACEY RICHTER said most of the information ANNA RICHTER had given to DARREN MEADE was given to her (TRACEY RICHTER) during her murder prosecution. ANNA RICHTER said most of the information DARREN MEADE obtained was from the internet, and sometimes DARREN MEADE asked her for information about which she knew nothing. On July 4, 2013, DARREN MEADE published a video titled "Michael Roberts Rexxfield RIPOFF REPORT Google 60 Minutes Australia". Therein, DARREN MEADE asserted Michael Roberts' custody battle was a hoax, that Michael Roberts orchestrated the "home invasion," which resulted in Dustin Wehde's murder, and that Michael Roberts "confessed the real motive" ofthe home invasion to DARREN MEADE once upon a time. On June 13, 2013 (or June 6, 2013), ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON received a copy of SCA Smith's Motion to Quash, and that ED MAGEDSON forwarded the same to DARREN MEADE. TRACEY RICHTER told ANNA RICHTER "they" had proof SCA Smith obtained the transcripts from DARREN MEADE's aforementioned deposition, and that SCA Smith cannot use the power of his office to do this. TRACEY RICHTER continued, stating neither "they" nor DARREN MEADE had done anything criminal, and SCA Smith was attacking DARREN MEADE for merely exercising his First 72
  • 73. Amendment rights. Amazingly, however, TRACEY RICHTER then said SCA Smith could have an actionable civil defamation claim against ED MAGEDSON / RIPOFF REPORT and / or DARREN MEADE, but neither of ED MAGEDSON / RIPOFF REPORT and / or DARREN MEADE had done anything actionable in the criminal sense. On June 29, 2013, DARREN MEADE sent the following e-mail to ANNA RICHTER: Everyone, I have had enough of all the threats from Michael Roberts and Ben Smith. Every three-four days I will be releasing video's showing the true character of Michael and Benjamin. I hope the tone of the first video is not offensive to anyone. I plan to release one on Ben by Monday morning. I never made a video presentation in my life therefore I know the video maybe lacking a bit. Here is a link to the first video: http://www.screencast.eom/t/AqLqBnFcL On July 2, 2013, TRACEY RICHTER told ANNA RICHTER to give certain documents to "you know who." ANNA RICHTER stated she already had given them to him. [The context of this conversation suggests DARREN MEADE is the unnamed individual] ANNA RICHTER then stated she located documents about Mona Wehde, the murder victim's mother, and Dr. John Pitman, both of whom were State's witnesses. TRACEY RICHTER directed ANNA RICHTER to give the information to this unnamed individual. On July 11, 2013, after receiving the transcript of S C A Smith's testimony from her and Michael Roberts' custody proceedings, which, much to their dismay, proved SCA Smith did not commit perjury as TRACEY RICHTER, ANNA RICHTER, DARREN MEADE and ED MAGEDSON / RIPOFF REPORT had been alleging on RIPOFF REPORT, TRACEY RICHTER told ANNA RICHTER that the she still believed SCA Smith committed perjury. ANNA RICHTER told TRACEY RICHTER that the court reporter who reported the proceedings was "dirty." On July 18, 2013, ANNA RICHTER played DARREN MEADE's July 4, 2013, video presentation, which is mentioned above, over the phone for TRACEY RICHTER. After listening to the video, TRACEY RICHTER commented that DARREN MEADE did not do a bad job with the video presentation and that he would get better. On July 25, 2013, TRACEY RICHTER asked ANNA RICHTER whether there was any new information, documents, or material [on RIPOFF REPORT]. ANNA RICHTER stated there was one thing online that was new, but that she wanted to wait and discuss it with TRACEY RICHTER during their next visit at the prison because "they" might be listening to TRACEY RICHTER's phone calls. On July 27, 2013, TRACEY RICHTER told BERT PITMAN to create a YouTube channel for ANNA RICHTER. TRACEY RICHTER said that YouTube shows up pretty high in internet 73
  • 74. search results. BERT PITMAN told TRACEY RICHTER he wanted nothing to do with Dr. John Pitman. TRACEY RICHTER told BERT PITMAN to "keep his eye on the prize." On July 30, 2013, ANNA RICHTER told TRACEY RICHTER that she got a preview of "another thing" that DARREN MEADE told ANNA RICHTER was going to published on the internet. ANNA RICHTER said she wrote [DARREN MEADE] back and told him the proposed video content was good. TRACEY RICHTER said some of the State's witnesses lied when they testified against her. ANNA RICHTER said they need to go after the State's witnesses because they lied on the witness stand. ANNA RICHTER said they were going to prove State's witnesses Mary Higgins and Mona Wehde committed perjury when they testified against TRACEY RICHTER. TRACEY RICHTER told ANNA RICHTER they needed an affidavit from "the woman" who alleged Dr. John Pitman lied on the witness stand. On August 11, 2013 at 12:18 p.m. PST, DARREN MEADE left the following voicemail for Daniel Danino (dba OC PC Services): Hi Daniel, my name is Darren, I'm in Huntington Beach, I have a laptop that is not working and I needed to get it fixed today, Sunday. Can you please let me know if you have anytime today to work on a laptop. Again, I'm in Huntington Beach. My cellphone number is (949) 357-6193 again. That's (949) 357-6193. Thank you. After this, DARREN MEADE paid OC PC Services $90.00 to for computer maintenance services. DARREN MEADE gave Daniel Danino the address of 711 Pacific Coast Hwy, Huntington Beach, California, to attend to the repairs. The repairs needed more work, Daniel Danino took the laptop back to his office. DARREN MEADE did not pick up his computer. On August 22, 2013, ANNA RICHTER told TRACEY RICHTER she believed that Michael Roberts lied on his immigration paperwork from 1996. TRACEY RICHTER asked ANNA RICHTER whether she had sent this information to "somebody else." ANNA RICHTER stated she was not sure, but that she would fax it over to "that person." TRACEY RICHTER asked whether she sent that document to "that someone else." ANNA RICHTER stated "they never checked on the alibi of you know who." On August 28, 2013, Ripoffreport.com complaint No. 1079952 was published about Daniel Isaac Danino (dba OC PC Services), and his mother Roberta Danino. Said complaint accuses them of crimes, mental health issues, and other derogatory / criminal conduct. Additional demeaning comments and photos of these victims were added to this RIPOFF REPORT complaint on August 29, 2013, September 3, 2013, September 05, 2013, and September 7, 2013 74
  • 75. On August 29, 2013, Dr. John Pitman's office received a call from a male who identified himself as Ryan. Ryan informed Dr. John Pitman's administrative assistant, Tina Allen, that he worked for RIPOFF REPORT and, for $10,000, could remove all the derogatory complaints on RIPOFF REPORT about Dr. John Pitman, including the RIPOFF REPORT complaints DARREN MEADE has admitted to authoring and publishing on RIPOFF REPORT. On May 19, 2014, RIPOFF REPORT / XCENTRIC VENTURES wrote a check to a RYAN DUCA. Tina Allen memorialized the substance of this conversation in an affidavit and provided the same to SCA Smith. On September 4, 2013, ANNA RICHTER told TRACEY RICHTER that Dr. John Pitman would rather spend money on a prostitute / stripper than care for [his son, BERT PITMAN]." On September 4, 2013, another RIPOFF REPORT complaint about Daniel Danino and Roberta Danino (dba OC PC Services) was published. This complaint alleged Daniel Danino committed various crimes. The report was later augmented with additional comments, photos of the victims, and criminal allegations on September 13, 2013, September 21, 2013 and October 17, 2013. Between September 5, 2013, and September 13, 2013, DARREN MEADE transmitted hundreds of phone calls and text messages to Daniel Danino's mobile phone. On September 5, 2013 (9:39 a.m.), SIAMACK YAGHOBI (Siamack.Yaghobi@gmail.com) pitched the following in a RIPOFF REPORT C A P / VP sales e-mail to a prospective RIPOFF REPORT C A P customer (RIPOFF REPORT victim / subject), and copied in ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com) on the e-mail as well: We see you have complaints on [www.pissedconsumer.com]. if, [sic] for some reason they come before Ripoff Report on a search...[sic] and the business (like yours) is a member of one of our programs, at our request, they should be removing it at our request. Why? .. this [sic] was part of an out of count [sic] settlement when Ripoff Report caught them stealing thousands of Reports. On September 5, 2013 (7:25 p.m.), ED MAGEDSON (EDitor@ripoffreport.com) sent the following reply to SIAMACK YAGHOBI (Siamack.Yaghobi@gmail.com): "You need to REMOVE the paragraph I have in Yellow [sic] highlight if there are no Reports on them on [www.pissedconsumer.com]!!!" RIPOFF REPORT sued Opinion Corp (dba Pissed Consumer / www.pisssedconsumer) on October 7, 2008, In the United States District Court of Arizona (Case No. 2:08-CV-01841- JAT). In its complaint, RIPOFF REPORT referred to Pissed Consumer as its direct competitor). It appears that on or around December 8, 2008, the parties (RIPOFF REPORT and Pissed Consumer) entered into a settlement agreement, which enjoined Pissed Consumer from stealing or "scraping" and publishing RIPOFF REPORT complaints on 75
  • 76. Pissed Consumer's website (www.pissedconsumer.com) and dismissed RIPOFF REPORT'S complaint, which asked for hundreds of thousands of dollars in damages and attorneys' fees, with prejudice. Evidence obtained by law enforcement demonstrates that Pissed Consumer complaints concerning RIPOFF REPORT employees and / or individuals who were / are not RIPOFF REPORT CAP or VP members, were removed by Pissed Consumer (again, RIPOFF REPORT'S direct competitor) at ED MAGEDSON's / RIPOFF REPORT'S direction, assumedly pursuant to this settlement agreement. On September 12, 2013, another RIPOFF REPORT complaint about Daniel Danino and Roberta Danino (dba OC PC Services), was published. This complaint / article accuses Daniel Danino, the company's owner, and his family of sex offenses, scams, lewd behavior, robbery, and the rape of a female student. Subsequent to this RIPOFF REPORT complaint, Daniel Danino demanded that DARREN MEADE remove the aforementioned Ripoffreport.com complaints. DARREN MEADE responded by demanding a fee of $7,000.00 for the removal of the Ripoffreport.com pages, and for compensation for DARREN MEADE's laptop, which DARREN MEADE had never retrieved. Daniel Danino agreed only to a refund DARREN MEADE's $90.00 and return the laptop, which he would hold until DARREN MEADE deleted the aforementioned defamatory RIPOFF REPORT complaints. On September 17, 2013, SIAMACK YAGHOBI wrote the following in an email to a prospective RIPOFF REPORT customer (victim), which he blind copied to ED MAGEDSON / RIPOFF REPORT: "We work extremely closely with Google and occasionally our list of links don't work because Google consistently changes their 'search links.'" Minutes later, ED MAGEDSON wrote the following to SIAMACK YAGHOBI in response: We don't work closely with Google!!!! Don't ever say that!!!!!!. See, what that is, is, ... GOOGLE CHANGES THEIR ALGORITHMS ALL THE TIME.. BUT, RIPOFF REPORT STILL STAYS AT THE TOP OF THE SEARCH ENGINES. Never say we are in good with Google. Search engines know us for over 16 years now - and consider us a good source of information for consumers. SIAMACK YAGHOBI wrote the following in response to ED MAGEDSON's admonishment: "10-4 boss." On September 25, 2013, RIPOFF REPORT filed a lawsuit against Michael Roberts and his business entities. The case was filed in the Superior Court of Arizona, County of Maricopa [Case No. CV2013-012936]. In its complaint, RIPOFF REPORT alleged Michael Roberts had wrongfully / tortuously interfered with RIPOFF REPORT business' interests. Specifically, RIPOFF REPORT alleged that the boycott of RIPOFF REPORT lead and 76
  • 77. organized by Michael Roberts through Michael Roberts' websites authorizedstatement.org and badforpeople.com, which efforts Michael Roberts has asserted were in response to the defamatory attacks against himself and others. Later, on or around November 18, 2013, following the hearing on RIPOFF REPORT'S request to enjoin Michael Roberts' boycott, the Court found that everything in AuthorizedStatement.org and BadForPeople.com was protected speech" and denied RIPOFF REPORT'S request for a preliminary injunction. Your applicant was informed that RIPOFF REPORT introduced evidence in these proceedings that demonstrated Michael Roberts' boycott negatively impacted RIPOFF REPORT'S advertising revenue. On September 26, 2013, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON filed a lawsuit against Michael Roberts. TRACEY RICHTER stated she cannot imagine ED MAGEDSON would be intimidated by Michael Roberts. ANNA RICHTER said Michael Roberts had made ED MAGEDSON angry. On September 30, 2013, ANNA RICHTER told TRACEY RICHTER she was waiting for information and / or documents from DARREN MEADE, but that DARREN MEADE had been busy the last couple days helping RIPOFF REPORT owner ED MAGEDSON prepare for his civil action against Michael Roberts. ANNA RICHTER said ED MAGEDSON is going after Michael Roberts for extortion, and is taking out a protective order against Michael Roberts and SCA Smith because the two were harassing him (ED MAGEDSON). ANNA RICHTER said she found a document TRACEY RICHTER had asked her to find while she was searching for documents / information for ED MAGEDSON. TRACEY RICHTER said she had something to tell ANNA RICHTER about ED MAGEDSON, and that ED MAGEDSON had a bunch of stuff on Michael Roberts. ANNA RICHTER said she was supposed to get information to ED MAGEDSON and DARREN MEADE about Michael Roberts. ANNA RICHTER said DARREN MEADE told her he had to work on ED MAGEDSON's case first, but when he finished with that, he would go back to working for TRACEY RICHTER and ANNA RICHTER's cause. ANNA RICHTER said that when "WE" put stuff on RIPOFF REPORT "WE" provide documentation. On September 30, 2013, TRACEY RICHTER directed ANNA RICHTER to perform certain tasks on TRACEY RICHTER's or ANNA RICHTER's computer in real-time. ANNA RICHTER said ED MAGEDSON and / or DARREN MEADE wanted her to ask TRACEY RICHTER whether she (TRACEY RICHTER) was familiar with an individual ANNA RICHTER named. ANNA RICHTER and TRACEY RICHTER both stated that Mona Wehde, the mother ofthe boy Tracey murdered, was once involved with Michael Roberts and drug dealers from Sioux City, Iowa. On October 1, 2013, DARREN MEADE published RIPOFF REPORT complaint No. 77
  • 78. 1088535, which contained defamatory statements about State's witness Michael Roberts and his wife Dr. Heidi Roberts (aka Heidi Forsbacka). The title of DARREN MEADE's RIPOFF REPORT complaint here is as follows: AUTHORIZED STATEMENT, BAD FOR PEOPLE, MICHAEL ROBERTS REXXFIELD, SCAM GROUP, RIPOFF SCAM TO ED MAGEDSON RIPOFF REPORT, SAC COUNTY ATTORNEY BEN SMITH, 60 MINUTES AUSTRALIA, HEIDI ROBERTS, JANICE DUFFY CHECK BOOK JOURNALISM, DIGITAL ASSASSINS, RIPOFF, CHECKBOOK JOURNALISM, PROSECUTORIAL MISCONDUCT, NINEMSN FRAUD, GOLD COAST On October 3, 2013, ANNA RICHTER told TRACEY RICHTER she (or they) had obtained e-mail communications between Michael Roberts and his wife, Heidi Forsbacka. Michael Roberts told law enforcement that no one other than he or his wife should have copies of correspondence between him and his wife. On October 10, 2013, ANNA RICHTER told TRACEY RICHTER that DARREN MEADE had recently sent her information. TRACEY RICHTER told ANNA RICHTER "thank God [DARREN MEADE] is involved." ANNA RICHTER relayed a question from DARREN MEADE to TRACEY RICHTER about State's witness Mona Wehde. On October 13, 2013, ANNA RICHTER told TRACEY RICHTER that ED MAGEDSON asked ANNA RICHTER to tell TRACEY RICHTER to report the results of her custody / child support proceeding with Michael Roberts, back to ANNA RICHTER, so that ANNA RICHTER could relay the same to ED MAGEDSON. TRACEY RICHTER asked ANNA RICHTER whether "there was anyone else who wanted her lawyer to ask a specific question of Michael Roberts while he was under oath." ANNA RICHTER said she had already discussed this possibility with TRACEY RICHTER's fiance, RUSSELL SCHERTZ. On October 15, 2013, SIAMACK YAGHOBI (siamack.yaghobi@gmail.com) wrote the following in an e-mail to his "boss," ED MAGEDSON / RIPOFF REPORT (EDitor@ripoffreport.com): "Would you consider creating a sam@ripoffreport.com email address? Do u agree it to enhance professionalism, and [great] results on hearing back from prospects?" On October 17, 2013, ANNA RICHTER told TRACEY RICHTER she found out that Mich