Justice for Lilly Mae Harmon

Petition to the U.S. Supreme Court

Petition:

From: Betty Harmon

Regarding: Civil Rights Action – Equitable Tolling in question

Purpose and Plan: To file appeal with Supreme Court to extend statue of limitations by way of equitable tolling to allow case to be heard in court.

Trying to give you snap shot view of events without fogging the main issue at this time. I have given my personal view of 5 year time line along with crucial dates and times and why I undeniably feel that this case qualifies for the equitable tolling statue.

Equitable Tolling – A doctrine or principle of tort law: a statue of limitations will not bar a claim if despite use of due diligence the plaintiff did not or could not discover the injury until after the expiration of the limitations period,

Plaintiff - Betty Harmon – daughter of deceased victim (Ms Lilly Harmon)
Ms Lilly Harmon – deceased victim
Theresa Centeno – suspect
Defendant – City and County of Fresno

Website giving some documented information regarding case: http:/justiceforlillymaeharmon.org/

Reasons this case qualifies for equitable tolling are:

  1. Statue Limitations accrued should start at last offense in 2007. I don’t believe my suspicion of foul play in my mother’s death should equal the actual fact given by forensic expert, who concludes that death was conducive to homicide. Therefore statue limitations should not have started in 2005 but rather 2007 when pathologist Dr Okoye’s report was concluded and the local authorities once again denied my right to go to court.
  2. Conspiracy to prevent crime reported, out of court. Local Fresno Authorities seemingly had wide spread conspiracy to keep me and this case out of court (which is every citizens right). Finally, I pleaded with the State of California (DOJ) to take the case – providing them with same documentation that was given to local authorities, (DOJ) did take the case due to surmounting evidence and forced the local authorities of Fresno to charge suspect with financial abuse and asked the Fresno DA to continue the homicide investigation and they refused. When suspect (Theresa Centeno) pleaded guilty and was sentenced, the local Da (Tim Donavon) sent the homicide investigation back to (DOJ). Then (DOJ) came back to local City of Fresno and based their continued investigation on City of Fresno Coroner’s opinion. Which was, there would be no autopsy performed and no foul play had been indicated. Finally, after daughter (Betty Harmon), victim of deceased (Ms Lilly Harmon) had her mother’s body exhumed and autopsy performed and conclusion was homicide. Report was given to City of Fresno Mr Castellanos of the DA’s office, still no response was given that there would be any action taken to investigate.

    I went through all the processes of appeal that I was aware of , which included: Filing tort with The City and County of Fresno. When the City and County replied no fault, I filed a complaint with the City of Fresno Internal Affairs, which this complaint ended back into the individuals hands of those who the complaint was against. Note: Also, remember during this time the local DA (Tim Donavan even after receiving letter to continue homicide investigation there was a continued pushing away of this case (conspiracy to keep case out of court) by resending it back to (DOJ).
  3. The United States Court of Appeals for the Ninth Circuit states the defendents (City of Fresno) 2007 refusal to investigate was simply a repetition of their decision and not a new violation. I disagree.

    On the contrary the City of Fresno added to initial claim of prejudice by continued acts of conspiracy and denial (new violations) to prevent the homicidal version of this case out of court.

    See listed below the City and County continued actions of conspiracy denying my right to court and hearing on this case.
    1. Mandated Reporter absolute refusal by Det Henry Monreal to take the initial complaint, with supporting documents, ordinarily giving authorities to take action with criminal charges.
    2. Refusal from Fresno DA (Tim Donavon) to investigate homicide portion of this crime especially after the 1st State of California (DOJ) investigation proved for financial abuse charges and ordered that Fresno charge suspect and then to continue homicide investigation.
    3. Refusal of Fresno Coronor to exhume and perform autopsy based on family’s suspicions of deceased victim (Ms Lilly Harmon), death.
    4. Refusal from representative of Fresno DA, Mr Castenallos to start investigation based on new information from autopsy report.
  4. The United States Court of Appeals for the Ninth Circuit states I the plaintiff did not pursue an alternate remedy. This is untrue. Alternate Remedies pursued were:
    1. After City and County of Fresno responded with denial of any fault from local authorities, I filed complaint with City of Fresno Internal Affairs, their conclusions after months of waiting was no fault in behalf of the police.
    2. During financial charges placed against suspect and sentencing in 2006, I was assured by (DOJ) that Fresno City would continue investigation of homicide, which they did not.
    3. Finally, (DOJ) started the 2nd investigation after Fresno City turned case back to them, I had to wait months again for their conclusion, and they ended their investigation, once again based on Fresno local authorities recommendation. This case has been going in circles due to City of Fresno failure and seemingly refusal to perform their natural duties as law enforcement.
    4. 9/2007 after filing 2nd complaint and claim also filed for extension with the Fresno County Board of Supervisors for leave to present a late claim. Was denied.
    5. Contacted Senator Barbara Boxer’s office who forward my complaint to U.S. Department of Justice (Federal Bureau of Investigations, who advised me to continue to pursue this matter at state level with possible counsel.
    6. Filed complaint to Washington (DOJ – Civil Rights Division – Mr Sheridan England) , regarding the City of Fresno’s law enforcement conduct.

HARMON’S SNAP SHOT TIMELINE

  1. 12/04 City and County of Fresno refuses to investigate crime with supporting documents showing a crime had been committed.
  2. Documents included
    1. private investigator, (Jeffrey Pearce) confession from the suspect Theresa Centeno, that she actually withdrew money from atm from victim’s bank account the day after death of victim, which was 12/6/04.
    2. The contact information of suspect,
    3. pictures from hospital showing concerned wounds victim died with – leading to believe possible poisoning,
    4. hospital records dated 11/18/04 –victim entered emergency at the Fresno Community Hospital with suspect whereby victim was released into suspect care. 3 days later victim had to be rushed to hospital by ambulance and was admitted until she slowly recover to point of placing victim in nearby recovery facility (formerly Beverly Manor). This is where victim suddenly died, one day prior to suspect visiting her.
  3. Daughter (Betty Harmon) request local city of DA and Fresno Coroner to perform autopsy, was denied.
  4. Daughter (Betty Harmon) convinces state of California (DOJ) to take case. After looking over same documentation presented to local authorities the (DOJ) took the case and referred case back to local City of Fresno to charge suspect for financial abuse. Stating that the City of Fresno would continue the homicide investigation portion of the crime.
  5. 1/2006 Suspect is sentenced for financial abuse. Change of plans – I was informed by the DA (Tim Donavon) that the case was sent back to the (DOJ) to investigate the homicide portion of case.
  6. Waiting many months for (DOJ) to respond to conclude their investigation and that there would be no autopsy basing their decision on the City of Fresno’s Coroner’s recommendation for the 2nd refusal to perform autopsy and refusal to acknowledge criminal activity surrounding victim’s death. Received letter from Mark Zahner, chief prosecuting attorney from (DOJ) as to why case was closed.
  7. 2006 late daughter (Betty Harmon) had to take loan on victim (Ms Lilly Harmon’s) home in order to disentern and perform autopsy.
  8. 9/2006 Victim’s body was sent to Nebraska whereby an autopsy and toxicology was performed by a prominent Doctor Okoye and Dr Chris Long.
  9. 3/2007 daughter received conclusion of autopsy report stating death was conducive to homicide by arsenic poisoning. Toxicology report showed that victim was given arsenic poison over long period of time and then overdosed hours before her death.
  10. Even with this confirmation the City of Fresno would not respond appropriately. I waited, waited until 5/2007. Mr Castenallos of the city of Fresno DA’s office, the name I was given by the state of California (DOJ) still would not investigation.
  11. 5/2007 press conference and filing of civil rights claim to Washington (DOJ) and letters of complaint to Senator Barbara Boxer office.
  12. (DOJ) 3rd investigation again conclude no wrong committed, and no acknowledgement of homicide. 2nd time, (DOJ) investigation halted and is 2nd signed off by Mark Zahner, chief prosecuting attorney.
  13. 3/2008 Filed civil case Harmon v. City of Fresno, et al
  14. 9/2008 matter of civil case was supposed to be heard, but was transferred to federal court by Fresno City Attorney’s. There case was dismissed by judge that was Fresno ex police officer for substantial years.
  15. 11/2008 Appeal was filed to here case in United States Court of Appeals for Ninth District Circuit. Their opinion was received in 12/2009, Betty Harmon has been denied hearing of case based on statue of limitations. And her request for equitable tolling has been denied.
  16. Betty Harmon’s intent at this time is to file an appeal with the Supreme Court, to be granted equitable tolling based on extenuating circumstances surrounding the case, so that this case can be heard in court.