October 2, 1997
Frank Piersol
Attention: Lt. Jacobs
6464 Sunset Blvd suite 520
Hollywood, California 90019
Just thought you might like to know, there has been some concern, and not just from the Council, but that is another matter. However, I do appreciate your concern. I thank you for your offer to have a personal talk to the officer, Ipolitto, involved here. I must say you were the most reasonable member of the LAPD that I have spoken with in; "Well lets see now, I'd say…about two years now!" I commend you on your fair-headed assessment of the situation and the way in which you dealt with me personally over the telephone.
You mentioned in our conversation today that I was charged with "Resisting" arrest the second time she attacked me on 3/3/97. I can only surmise you were referring to the letter from Captain Lyman I Doster; dated 5/28/97, in which he refers that what she had charged me with was "Resisting". Not to be nit picky but, I was charged by officer Ipolitto with "Interfering", under Penal Code 148 (a). Not with resisting.
Resisting is much different theninterfering, just as a lawful arrest is much different from an unlawful arrest.
"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: "Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed."
But, what is a few details, huh? Bottom line is this, what she did October 1995 was unlawful. As for the most recent of incidents involving the officers conduct this year, well, we can get to those charges later. Unfortunately, all this talking does not help to solve my dilemma. So, I will make to your Office, once again, a formal request to physically take custody of California Citizen Lisa Ippolito. (Address unknown)
I will then assume responsibility and formally make a Citizens Arrest under the Power given to me by both the State and Federal Constitution. I will then charge her with a Crime against the People of the State of California, Penal Code 142.
Code 142. (a) Any peace officer who has the authority to receive or arrest a person charged with a criminal offense and willfully refuses to receive or arrest such person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment. (b) Notwithstanding subdivision (a), the sheriff may determine whether any jail, institution, or facility under his direction shall be designated as a reception, holding, or confinement facility, or shall be used for several of such purposes, and may designate the class of prisoners for which such facility shall be used.
I await your response.
Cc: Senator Dianne Feinstein
Cc: Governor Pete Wilson
Cc: Mayor Richard Riordan
Cc: Katherine Mader, Police Commissioner
Cc: Chief Bernard Parks, LAPD
Cc: Capt. Doan, W.L.A.P.D.
Footnote: 12/12/97 I have heard squat from any of my so called public servants with the exception of Ms. Mader, whose office is "Looking into it."