Atilla Gahbro

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Man Prosecuted For Taking Trash From Dumpster--With Permission

Prosecutors hide proof of permission for 6 months

Charged with felonies, man forced to plead to misdemeanors by million dollar bail

Below is a summary of a very complex and politically motivated set of criminal cases. As shocking as some of the details may be, every bit of it is true. Every legal professional I have spoken to about these cases has told me that they have never seen or heard of such proscutorial abuse of the criminal system. I am the victim of a conspiracy staged by a good old boy network that includes the very same people that are supposed to protect me from the crimes that they themselves have committed against me. They ware guns and badges and carry out their crimes under the cover of law. They are public enemies and present a threat to every one.

On 08-17-98 I was arrested for one count of conspiracy to obstruct justice. The alleged overt act to this day has not been specifically specified. It was all based on groundless speculative allegations with absolutely no evidence. In general the San Bernardino County Da's office alleged that I did or was trying to obstruct justice by either moving property or attempting to move property which they claim was being sought by the da's office pursuant to a search warrant. Nothing could be farther from the truth. In fact all the evidence proves that no such act was ever carried out.

Regardless of that, my bail was set at one million dollars. The normal bail amount for this type of a charge per the bail schedule is ten thousand dollars. My bail was one hundred times the normal bail amount. After two weeks I managed to get my bail lowered to the still illegally high amount of two hundred thousand dollars and using all resources available to me managed to post a bond resulting in my release.

During the next several months my case kept getting delayed time and time again. I was being charged with a section that no civilian in califronia had ever been convicted of. All five previous cases had been judges and prosecutors that had obstructed justice. In an attempt to disclose the conspiracy against me, I and a friend of mine working as our own private investigators asked the security officer of an office building if we could look at and later on asked if we could take out of the dumpster the trash that was dumped by certain floors in the building in hopes that we might find evidence to prove the conspiracy. He laughed and said fine with me.

The supreme court has repeatedly ruled that taking of trash with out permission is not a crime and when taken with permission it definitely can not be considered a crime. Nevertheless, on 03-18-99 I was arrested by LAPD who sent about a dozen cops over one hundred miles to storm our house in a commando style raid to arrest me for burglary of trash. During the process they caused my father to have a heart attack and pepper sprayed our pets and nearly shot them.

The allegation was that my friend impersonated a peace officer. This is a lie. My friend is a retired cop and told the security officer he was a retired cop and was working as a private investigator. Regardless, my bail was set at fifty thousand dollars which was ten times the usual bail for such a charge. Considering the fact that I was accused of stealing trash I should have been released on my own recognizance.

Using my last resources I made bail. After a few weeks the la da's office declined to file charges and my case was dismissed. A day later my attorney called to notify me that an arrest warrant was issued for me in the amount of half a million dollars by San Bernardino County Superior Court Judge Michael Dest for the alleged burglary of trash in la county. He also told me that I was also being charged with another count of conspiracy to obstruct justice, one count of receiving stolen trash that I supposedly stole and gave myself and one count of committing a felonious act injurious to the public interest.

Two hours after being notified, I with my attorney surrendered myself in Judge Dest's courtroom. My attorney Carl Johnson reminded the court that I was currently out on bail totaling quarter of a million dollars for completely groundless allegations and requested that I remain free until my next scheduled hearing and have a bail reduction hearing on that date. He advised the court that I was the only source of income for my elderly parents. Judge Dest denied the request. My attorney advised the judge that he would request a bail reduction hearing within forty eight hours.

Judge Dest said that if my attorney did that then he would "force his hand" meaning that he would even though he doesn't have to would revoke my bail bonds. I was forced to waive time or otherwise have my bonds revoked. All motions submitted by my attorney were denied and some probably without even being read.

After five weeks of waiting I finally insisted that I have my right to a speedy process. As a result Judge Dest revoked my bonds and raised my bail on my first arrest from two hundred thousand to half a million for a total of one million dollars insuring my continued incarceration.

His words were something to the effect of quarter of a million wasn't enough to keep you from committing more crimes, we'll see how you do at a million. My attorney argued that there is no evidence to prove that I committed any crime and that all the evidence proves my innocence. He again reminded the court that I was accused of stealing trash, actual garbage and that I am not a threat to anyone and was only trying to defend myself. He argued that I should be free while the case is open. All requests were denied.

At my preliminary hearing none of the seven witnesses that my attorney subpoenaed showed up and the judge would not issue arrest warrants for them. I watched as different law enforcement staff lied on the stand for hours. I was held to answer and stand trial. The judge on the record in front of all the reporters and cameras, declared that a burglary was committed by me.

Months went on and I could not even get to trial because of rarely used tactics that allow the judge to waive time for a defendant in light of judicial efficiency. I was offered deal after deal by the judge to take a plea. I refused all of them and always insisted on a trial. After spending four months in county jail, I was told by my attorneys that my cases could take up to two years and that I would remain in jail for the whole time because they could not lower my bail.

Given my parents poor health, the financial ruins I was in and the fact that I supported my elderly parents, I was forced to accept a plea bargain where all the charges were dropped to misdemeanors and all I had to do was plead no contest and I could go free. They also told me that if I did that they would promise not to arrest any other members of my family for whatever other charges they could think of. On my attorneys' advise, I to my disbelief uttered the words "no contest" and was released. It ended the nightmare that my family was going through every minute of their lives.

After all was said and done, we were later given evidence that proved the prosecution was hiding Brady material. It was notes of the security officer where he wrote about the incident. He wrote that two private investigators asked for and were given trash. Not that two cops showed up and demanded trash as was alleged. This property was taken in to evidence by LAPD on 03-11-98. It clearly shows that even an accusation of stealing trash is absolutely false and ridiculous.

Yet I was arrested a week later and the this information was turned over six months later. It should have been produced right away upon demand. It wasn't produced because its very existence would have made it impossible to make the accusation that the trash was stolen. Hence they could not have arrested me.

You might ask yourself why would a da's office do this and why do they care about harassing me. Fair enough question. The answer is that I am related to someone that they are trying to convict for political gain and I was simply used as a pawn to put pressure on this individual to take a deal. It didn't quite happen that way but that is a whole different story in itself altogether.

All in all the greatest injustice that was committed against me was my incredibly high bail amounts which made it impossible for me to continue a fight that I and my attorneys were sure we would win. By using every dirty trick they know, they convicted me of crimes they know I didn't commit. There are literally hundreds of disturbing facts about this case, far too many to list in this writing.

Because of my experience, I am starting an organization to highlight injustices. Feel free to contact me. Thank you.

Atilla Iljahs Gahbro

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